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1997 SEP 16 CC PACKETAGENDA EL SEGUNDO CITY COUNCIL COUNCIL CHAMBERS - 350 Main Street The City Council, with certain statutory exceptions, can only take action upon properly posted and listed agenda items. The Public can participate in the discussion of any item listed on the Agenda. To facilitate your presentation, please place a check mark ✓ beside each item you would like to address on the Agenda provided by the City Clerk, preferably PRIOR to the start of the meeting. Any other item not listed on the Agenda that is within the jurisdiction of the City Council may be directly addressed during Public Communications. Before speaking to the City Council, please come to the podium and give: Your name and address and the organization you represent, if desired. Please respect the time limits. Members of the Public may place items on the Agenda by submitting a Written Request to the City Clerk or City Manager's Office at least six days prior to the City Council Meeting (by 2:00 p.m. the prior Tuesday). The request must include a brief general description of the business to be transacted or discussed at the meeting. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact City Clerk, 607 -2208. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. ADJOURNED REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL Tuesday, September 16,1997 - 5:00 P.M. CALL TO ORDER PLEDGE OF ALLEGIANCE - Councilman Liam Weston ROLL CALL PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit per person, 30 minute limit total.) Individuals who have received value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so identify themselves prior to addressing the City Council. Failure to do so shall be a misdemeanor and punishable by a fine of $250. CLOSED SESSION: The City Council may move into a closed session pursuant to applicable law, including the Brown Act (Government Code §54950, et se .) for the purposes of conferring with the City's Real Property Negotiator; and/or conferring with the City Attorney on potential and/or existing litigation; and/or discussing matters covered under Gov't Code §54957 (Personnel); and/or conferring with the City's Labor Negotiators as follows: CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Gov't Code §54956.9(a)) 1. Siadek et al. V. City of El Segundo, LASC Case No. YCO25264 2. Mosleh and Greffon v. City of El Segundo, LASC Case No. YC 025903 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Gov't Code §54956.9(b): -4- potential cases (no further public statement is required at this time); Initiation of litigation pursuant to Gov't Code §54956.9(c): -17- matters. DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957). None. 09- 16- 97.5pm CONFERENCE WITH CITY'S LABOR NEGOTIATOR - (Gov't Code §54957.6) - Management; Mid - Management & Confidential Employees (City Manager, Negotiator). CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8) None. REPORT OF ACTION TAKEN IN CLOSED SESSION (if required) PUBLIC COMMUNICATIONS - (Related to CitXBusiness Only - 5 minute limit) Individuals who have received value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so identify themselves prior to addressing the City Council. Failure to do so shall be a misdemeanor and punishable by a fine of $250. ADJOURNMENT POSTED: DATE o �! TIME S� rn s NAME " ' a✓ n 0()7 09- 16- 97.5pm 2 AGENDA EL SEGUNDO CITY COUNCIL COUNCIL CHAMBERS - 350 Main Street The City Council, with certain statutory exceptions, can only take action upon properly posted and listed agenda items. The Public can participate in the discussion of any item listed on the Agenda. To facilitate your presentation, please place a check mark ✓ beside each item you would like to address on the Agenda provided by the City Clerk, preferably PRIOR to the start of the meeting. Any other item not listed on the Agenda that is within the jurisdiction of the City Council may be directly addressed during Public Communications. Before speaking to the City Council, please come to the podium and give: Your name and address and the organization you represent, if desired. Please respect the time limits. Members of the Public may place items on the Agenda by submitting a Written Request to the City Clerk or City Manager's Office at least six days prior to the City Council Meeting (by 2:00 p.m. the prior Tuesday). The request must include a brief general description of the business to be transacted or discussed at the meeting. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact City Clerk, 607• Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, SEPTEMBER 16,1997 - 7:00 P.M. Next Resolution # 4034 Next Ordinance # 1278 CALL TO ORDER INVOCATION - Pastor Jeannie Kuhn, Reorganized Church of Jesus Christ of Latter Day Saints PLEDGE OF ALLEGIANCE - Councilman Liam Weston PRESENTATIONS - Commendation to the members of the El Segundo Fire Department, City Maintenance personnel and donor companies who contributed to successfully placing the Fire Department's Technical Rescue vehicle in service on August 15, 1997. (Firefighter/Paramedic Mark Simpson to accept commendation on behalf of all) 2. Commendation to all those involved in designing, constructing, and supplying El Segundo's Mobile Communication Unit which was placed in service on August 21, 1997. (Fire Inspector James Carver to accept commendation on behalf of all) ROLL CALL 0 003 PUBLIC COMMUNICATIONS - (Related to Cif Business Only - 5 minute limit per person, 30 minute limit total) Individuals who have received value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so identify themselves prior to addressing the City Council. Failure to do so shall be a misdemeanor and punishable by a fine of $250. A. PROCEDURAL MOTIONS 1. Consideration of a motion to read all ordinances and resolutions on this Agenda by title only._ Recommendation - Approval. B. SPECIAL ORDERS OF BUSINESS - 1. Continued public hearing on the following proposed (Second Quarter) amendments to the General Plan, Zone Text, and Zoning Map: 1) Smoky Hollow Specific Plan Parking, 2) Parking Covenants, 3) Parking Demand Studies, 4) Outdoor Dining Access, 5) Sound Transmission Control, 6) Storm Water Management, 7) Garage Street Side Setbacks, 8) Thrifty Land Use and Zone Changes, and 9) Drive -thrus - (GPA only); and a Negative Declaration of Environmental Impacts in accordance with CEQA. Environmental Assessment EA -408, General Plan Amendment GPA 97 -2, Zone Text Amendment ZTA 97 -2, and Zone Change ZC 97 -2, Second Quarter Amendments. Applicant: City of El Segundo - Citywide Amendments. Recommendation - 1) Hold Continued Public Hearing; 2) Discussion; 3) Reading of Ordinance by Title only; 4) Introduce Ordinance; 5) Schedule second reading and final adoption of Ordinance on October 7,1997. 6) Other possible action /direction. 2. Ordinance to incorporate hazardous waste source reduction into the Fire Department's hazardous materials regulatory programs Recommendation - 1) Reading of Ordinance by Title only. 2) Introduce Ordinance. 3) Schedule second reading and adoption of Ordinance for October 7,1997. 3. An Ordinance of the City Council of the City of El Segundo, California adding Sections 10.01.150 and 10.28.200 to the El Segundo Municipal Code relating to the definition of front and and parking of vehicles in front yard areas. Recommendation - 1) Discussion. 2) Reading of Ordinance by Title only. 3) Introduce Ordinance. 4) Schedule second reading and final adoption of Ordinance on October 7,1997. 0 004 4. Public Hearing on Environmental Assessment EA -401 and Precise Plan Amendment P.P. 96- 1 (Fourth Amendment to P.P. 12 -72) for 2041 Rosecrans Avenue and 831, 870, & 871 South Nash Street, related to the theaters and adjacent retail /office building. The request is to allow the following: 1) An amendment to Condition No. 15 of City Council Resolution No. 3917 related to the parking structure stairway at 870 South Nash Street; 2) An amendment to Condition No. 14 of City Council Resolution No. 3917 related to the parking structure stairway directional signage at 870 South Nash Street; 3) Revisions to the approved Traffic Circulation Plan; 4) The approval of a Precise Plan Amendment to allow outdoor dining that exceeds 200 square feet for the P. F. Chang's China Bistro and other future restaurants; ITEMS 5 THROUGH 7 THE APPLICANT REQUESTS TO BE CONTINUED FOR 30 DAYS 5) Amendment of the Precise Plan land uses to confirm with the current code for the underlying zone: the "Urban Mixed -Use South (MU -S) Zone;" 6) Amendment of the Precise Plan development standards to conform with the current code for the underlying zone: the "Urban Mixed -Use South (MU -S) Zone;" and 7) Amendment of the Precise Plan to provide for minor modifications to the requirements of the Precise Plan by the Director of Planning and Building Safety. Applicant: Continental Development Corporation Mr Jerry Saunders Recommendation - 1) Open public hearing; 2) Council discussion; 3) Reading of Resolution by title only; 4) By motion, adopt Resolution approving items 1 -4 of the subject project; and, 5) Continue public hearing on items 5 -7 until October 21, 1997. C. UNFINISHED BUSINESS - Approval of Agreements between the City of El Segundo and Edison Company concerning undergrounding of utility lines in connection with the Sepulveda Boulevard Widening Project. Recommendation - Approve the Agreements and authorize the Mayor to execute them on behalf of the City. 2. Award contract with Eden Systems, Inc. of Yakima, Washington for Core Financial Information Systems at a cost not to exceed $360.000. Recommendation - Award contract and authorize Mayor to execute agreement. 3. Approve agreement with Anixter, Inc. under the California Multiple Awards Schedule (CMAS) cooperative agreement for hardware, cabling, diagnostic tools and installation of a City Hall network connected to outlying facilities at a cost not to exceed $145,000. Recommendation - Approve agreement and authorize staff to execute a Purchase Order. 0 005 3 4. Adoption of a Resolution pursuant to City Council direction on September 2, 1997, upholding the applicant's appeal, thereby Approving Environmental Assessment EA -393 and Conditional Use Permit CUP 96 -6, to allow an existing Freight Forwarder to continue its business operations within an existing 7,820 gross square foot building (7,701 net square feet) in the Smoky Hollow Small Business (SB) Zone, located at 129 Sierra Street. Applicant and Appellant: Mr. Mas Takahashi [TAS Air Cargo (USA) Inc.]. Property Owners: Carl and Barbara Knutson HaM Anderson. Recommendation - 1) Reading of Resolution by title only; and 2) By motion, adopt Resolution. D. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS - Announce appointments made on September 13, 1997 to the Capital Improvement Program Advisory Committee, Community Cable Advisory Committee, Investment Advisory Committee, Planning Commission, and Senior Citizen Housing Corporation Board. 2. Request from Senior Housing Board for Council to approve the transfer of $2,350 from the reserve account to the contingency account and approve expenditures from the contingency for replacement of plumbing angle stops and painting exterior trim and rails. Recommendation - 1) Approve the transfer from the reserve account to the contingency account in the amount of $2,350. 2) Approve painting of trim and rails at a cost of $6,900. 3) Approve replacing plumbing angle stops in all apartment units at a cost of $5,665. E. CONSENT AGENDA All items listed are to be adopted by one motion without discussion and passed unanimously. If a call for discussion of an item is made, the item(s) will be considered individually under the next heading of business. Warrant Numbers 241342 - 241613 on Demand Register Summary Number 06 in total amount of $745,244.34. and Wire Transfers in the amount of $241,93.78. Recommendation - Approve Warrant Demand Register and Authorize staff to release. Ratify: Payroll and Employee Benefit checks; checks released early due to contracts or agreements; emergency disbursements and /or adjustments; and wire transfers from 08/26/97 to 09/09/97. 2. City Council meeting minutes of September 2 1997. Recommendation - Approval. 1 11• 3. Authorize the City Manager to solicit proposals for a management study of the Finance Department Estimated Cost: $30.000. Recommendation - Approve the request of the City Manager and authorize the solicitation of proposals for a management study of the Finance Department. 4. Accept the bid of Livingston Graham /Blue Diamond Materials in the amount (not to exceed) $32,150.00 for the purchase of asphalt and emulsion oil and reject the bid of Industrial Asphalt. Recommendation - Authorize staff to issue a Purchase Order to Livingston Graham/Blue Diamond Materials in the amount (not to exceed) $32,150.00 for the purchase of asphalt and emulsion oil and reject the bid of Industrial Asphalt. Amendment to Air Products Pipeline Agreement (Contract No. 2478) authorizing Hydrogen Gas and Compressed Dry Air to be used in previously approved pipelines (annual fiscal impact $2,500 revenue) Recommendation - Approve the Amendment and authorize the Mayor to execute on behalf of the City. CALL ITEMS FROM CONSENT AGENDA F. NEW BUSINESS - CITY MANAGER - 1. Consideration for City to submit a RFP to the Senior Housing Corporation for management of Park Vista. Recommendation - Seek City Council direction. 2. Presentation by The Warner Group of the El Segundo Public Safety Communication Dispatch Center Assessment study. Recommendation - 1) Receive report and adopt the recommendations and action plan as outlined. 2) Direct staff to draft correspondence to member agencies advising of the City's intent to follow the recommendations in the report. Additional appropriation of $75,000.00 to fund temporary additional storm drain pumps at Pump Stations Nos 15 and 19 and authorize staff to proceed with installation. Recommendation - 1) Approve appropriation of $75,000.00 from unallocated General Fund Reserves. 2) Authorize the Mayor to execute the necessary agreements on behalf of the City. G. NEW BUSINESS - CITY ATTORNEY - NONE 0 007 s H. NEW BUSINESS - CITY CLERK - An Ordinance of the City Council repealing Chapter 2.09, Regulations of Campaign Contributions, from the Municipal Code and replacing Chapter 2.09 with an Ordinance establishing a Voluntary Expenditure Ceiling ( "VEC ") in light of recent State regulations (Proposition 208). - Recommendation - 1) Discussion 2) Read the Ordinance by title only. 3) Introduce Ordinance and schedule October 7, 1997 for second reading. I. NEW BUSINESS - CITY TREASURER - NONE J. NEW BUSINESS AND REPORTS - CITY COUNCILMEMBERS Councilman Gordon - NONE Councilman Weston - NONE Councilwoman Friedkin - 1. Consideration of a Resolution submitted by the Independent Cities Risk Management Authority ( "ICRMA ") for each member City Council to appoint a third ICRMA Governing Board Representative (in addition to the currently appointed Representative and Alternate Representative) to serve in the absence of the other two in all ICRMA matters. Recommendation - Discussion and possible action. 2. Discussion and consideration of methods of staffing the South Bay Cities Council of Governments ( SBCCOG) Recommendation - Direct the City Clerk to advise the SBCCOG that the City of El Segundo supports the hiring of a part -time executive director. The funding for this position to be developed from all member cities with those member cities that assign staff to SBCCOG activities be given an offsetting credit for the time their staff spends on these activities. Mayor Pro Tern Wernick - NONE Mayor Jacobs - NONE PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit) Individuals who have received value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so identify themselves prior to addressing the City Council. Failure to do so shall be a misdemeanor and punishable by a fine of $250. MEMORIALS 0 008 CLOSED SESSION The City Council may move into a closed session pursuant to applicable law, including the Brown Act (Government Code Sec. 54960, et se .) for the purposes of conferring with the City's Real Property Negotiator; and/or conferring with the City Attorney on potential and/or existing litigation; and/or discussing matters covered under Government Code section 54957 (Personnel); and/or conferring with the City's Labor Negotiators; as follows: Continuation of matters listed on the City Council Agenda for 5:00 p.m., September 16, 1997 under "Closed Session" (if needed). REPORT OF ACTION TAKEN IN CLOSED SESSION (if required) ADJOURNMENT POSTED: DATE: 0 7 TIME: NAME: Y 09- 16 -97.ag 0 Ong �V mmenDati o on Citp of Cr begunbo California WHEREAS, in a major disaster, the City of El Segundo could sustain significant damage to its communications center leaving the City with limited means of accessing assistance from regional fire and police agencies; and WHEREAS, the City's Disaster Preparedness Program's review of City resources recognized the need to develop an alternative means of communication, such as a mobile communications unit; and WHEREAS, City staff and volunteers from the El Segundo Amateur Radio Club took on the task of designing and constructing a mobile communications unit using a surplus city vehicle; and WHEREAS, the two year project, involving hundreds of hours of extensive planning, coordination and labor, has resulted in the completion of the conversion of the surplus city truck into a fully functioning Mobile Communications Unit; and WHEREAS, the project received overwhelming support from the business community, especially from Chevron, Hughes Aircraft Company, and Paramount Truce Body through both monetary donations or donations of services, equipment, and technical support. NOW, THEREFORE, let it be known that the City of El Segundo's Mobile Communications Unit is now ready to serve the City of El Segundo and was placed in service on August 21, 1997. The Mayor and City Council commend and thank all involved in this project that will now permit the City to have this vital communications link ready and available for use in case of a disaster. This type of project again reinforces the continued joint effort of City agencies and businesses in providing the best possible services for the City of El Segundo. Mayor Sandia Jacok ///JJY/acyo, Pro Jn/em //ancty UVernick l.ou//n77cilwonman al�a/r/w_/ jrie /in co. d. oCiam XedEon l.ouncilman // L gordon N: \pr0clsme \com- trk.997 n n 1 1 / �V ommellbation Citp of (el 6egunbo California WHEREAS, the El Segundo Fire Department is required to respond to entrapment incidents, confined space, trench collapse, structural collapse, heavy rescue, and high- and low -angle rope rescues; and WHEREAS, the El Segundo Fire Department has developed a long range program to address the need for more advanced training of members and procurement of special rescue equipment; and WHEREAS, the El Segundo Fire Department has twelve members who volunteered to receive specialized training in specific areas of rescue and serve as instructors for the Department; and WHEREAS, this area of rescue requires a dedicated vehicle and specialized equipment, the El SegundoFire Department approached the commercial and industrial community for assistance in the procurement of a vehicle and equipment through a program of soliciting monetary or in kind donations; and WHEREAS, the El Segundo Fire Department received overwhelming support from the commercial and industrial community resulting in a fully- equipped Technical Rescue vehicle; and WHEREAS, the El Segundo Fire Department wants to publicly acknowledge Fire Department and City Maintenance personnel who worked many hours to ensure that the vehicle was mechanically ready and outfitted for service, and those companies who generously donated in -kind or monetarily. NOW, THEREFORE, let it be known that the El Segundo Fire Department's Technical Rescue vehicle is now ready to serve the City of El Segundo and was placed in- service on August 15, 1997. The Mayor and City Council commend and thank all involved in this project which will now permit the City to have this highly specialized equipment ready and available for use. This type of project again reinforces the continued joint effort of City agencies and businesses in providing the best possible services for the City of El Segundo. Tn. V. - Sandra. aacobd MY., A. J/nJem /V/a'n/cry UVernich Councilman diam UVeeton boa :n \prodama\usarfire.997 counci[w../ )/�/a/ . �i.,&in Councilman ///iL. gw Ln n 1. EL SEGUNDO CITY COUNCIL MEETING DATE: September 16,1997 AGENDA ITEM STATEMENT AGENDA HEADING: Special Orders of Business AGENDA DESCRIPTION: Continued public hearing ,on the following proposed (Second Quarter) amendments to the General Plan, Zone Text, and Zoning Map: 1) Smoky Hollow Specific Plan Parking, 2) Parking Covenants, 3) Parking Demand Studies, 4) Outdoor Dining Access, 5) Sound Transmission Control, 6) Storm Water Management, 7) Garage Street Side Setbacks, 8) Thrifty Land Use and Zone Changes, and 9) Drive - thru's - (GPA only); and, a Negative Declaration of Environmental Impacts in accordance with CEQA. Environmental Assessment EA -408, General Plan Amendment GPA 97 -2, Zone Text Amendment ZTA 97 -2, and Zone Change ZC 97 -2, Second Quarter Amendments. Applicant: City of El Segundo - Citywide Amendments. RECOMMENDED COUNCIL ACTION: 1) Hold Continued Public Hearing; 2) Discussion; 3) Reading of Ordinance by Title only; 4) Introduce Ordinance; 5) Schedule second reading and final adoption of Ordinance on October 7, 1997; or, 6) Other possible action /direction. INTRODUCTION AND BACKGROUND: On June 12, 1997, the Planning Commission adopted Resolution No. 2393 which recommends approval of (second quarter) revisions to the City's General Plan, Zoning Code, and the Zoning Map. The Planning Commission Resolution was previously distributed to the City Council. On August 19, 1997, the City Council held a Continued public hearing (continued from August 5 and the August 4 special joint Public Hearing/Workshop with the Planning Commission), to review the Second Quarter Amendments. At that time, the Council reviewed the proposed amendments and directed Staff to prepare an Ordinance for approval of eight of the nine topics. The City Council recommend that no changes be made in the current Zoning Code regarding Garage Street Side Setbacks. (Item No. 7) At the request of Continental Development Corporation, the Council directed the City Attorney and Staff to attempt to clarify some perceived ambiguities in the revisions for Parking Covenants (Item No. 2). ATTACHED SUPPORTING DOCUMENTS: 1. Draft Ordinance No. — FISCAL IMPACT: (Check one) Operating Budget: Capital Improv. Budget: None. Amount Requested: Project/Account Budget: Project/Account Balance: Date: Account Number: Project Phase: Appropriation Required - Yes_ No_ ORIGINATED: Date: September 5,1997 Bret B REVIE AICP, Dir for of PI ninq and Buildi BY: TAKEN: Date: 17 - /a-z-11 GPA/ZTA2C City Council Staff Report September 16,1997 DISCUSSION: The following discussion provides a brief background of each of the nine proposed Amendments, together with a discussion and analysis of the various options which the Planning Commission discussed and the final recommended changes. A brief summary of the City Council's direction is shown at the beginning of each subject in bold type. Several of the proposed amendments may require multiple amendments such as a General Plan Amendment (GPA), Zone Text Amendment (ZTA), and Zone Change (ZC); and, therefore they have been organized so that there is only one discussion for each item to avoid duplication. Each proposed amendment also has multiple redline /strikeout exhibits associated with it. Each exhibit has been labeled with a header to easily cross - reference the exhibit to the appropriate proposed Amendment. 1. SHSP Parking - Expand 10% maximum parking reduction with submittal of Parking Demand Study to all commercial and industrial zones. (ZTA). At the August 19, 1997 City Council meeting, the Council reviewed the Planning Commission's recommendation to eliminate the 10% maximum parking reduction in Smoky Hollow, and directed Staff to revise the Zoning Code to expand the 10% maximum parking reduction that can be granted with the approval of a Parking Demand Study to all commercial and industrial zones. Current Zoning Code provisions (Section 20.54.030, B., Page 246) allow the Planning Commission to modify the required number of parking spaces in = zone, based on the submittal of a Parking Demand Study with no limit on the maximum reduction which may be granted. Only in the Smoky Hollow Specific Plan area is the maximum parking reduction limited to 10 %. 2. Parking Covenants - Revise off -site parking covenant requirements to provide a maximum 90 year time limit for the covenant (ZTA). On August 19, 1997, the City Council reviewed revisions to the Off -Site Covenant requirements, as recommended by the Planning Commission. The City Attorney originally requested the revisions in order to provide a time limit for such Covenants. Under Section 20.54.080 of the Zoning Code, property owners may enter into joint use and off -site parking facilities agreements under certain situations. These agreements are then recorded as covenant against the property. A Representative of Continental Development Corporation requested, and Council agreed, to allow Continental to work with the City to address concerns they had with the proposed amendment related to subservient title and the imposition of conditions by the City Attorney. As of September 5, 1997, the party requesting modifications to the proposed amendments has not provided revisions to Staff to address their concerns. Therefore, Staff recommends the Council approve the proposed amendment as recommended by the Planning Commission. Staff would like to point out to the Council that this Code section already allows the Planning Commission and Director of Planning and Building Safety to impose conditions; one of the portions of the revision which Continental Development Corporation expressed concern about. The revision only clarifies that the City Attorney may also impose conditions and provisions. 3. Parking Demand Studies - Revisions to the requirements for Parking Demand Studies are not recommended. (ZTA). At its meeting of August 19, 1997, the City Council reviewed the current Zoning Code regulations for the use of Parking Demand Studies as the method of determining the required number of parking spaces for uses which are not listed in the Zoning Code; and, for business who desire to provide less than the required parking due to special operational characteristics of their business. The consensus of the Council, which was also the Planning Commission's recommendation, was to retain the existing requirements which allow the use of Parking Demand Studies with no established criteria for how or when one must be prepared. However, the Council did agree, as discussed in Item 1 (SHSP Parking), to place a City wide 10% limit on the maximum reduction which could be granted through the approval of a Parking Demand Study. 0 013 GPA/ZTA2C City Council Staff Report September 16, 1997 4. Outdoor Dining Access - Create detailed standards for pedestrian access for outdoor dining in private walkways (ZTA). On August 19, 1997, the City Council accepted the Planning Commission's recommendation to adopt the Zone Text Amendment for pedestrian access for outdoor dining. Pursuant to Council direction, Staff has revised the text (Exhibit 4) in order to clarify that the proposed standards would only apply on private property; and that outdoor dining on public property would be subject to the City s existing policies requiring an agreement between the City and the business to place tables and chairs in the public right -of -way. 5. Sound Transmission Control - Move Sound Transmission Control regulations to Title 16 of the El Segundo Municipal Code and revise standards (ZTA). On August 19, 1997, the consensus of the City Council was to accept the Planning Commission's recommended to amend the Sound Transmission Control regulations and relocate the Chapter from the Zoning Code (Title 20) to the Building and Structure (Title 16) Section of the Municipal Code. 6. Storm Water Management - Incorporate Public Works Storm Water Permit Management Policies into the Land Use and Conservation Elements of the General Plan (GPA). On August 19, 1997, the City Council agreed to accept the Planning Commission's recommendation to adopt new provisions to incorporate Watershed and Storm Water Management policies into the General Plan Land Use Element (Policy LU7 -1.7) and Conservation Element (Policy CN1 -3). 7. Garage Streetside Setbacks - Reject revisions to provide a minimum street side yard setback of 20 feet for garages in R -1 and R -2 Zones are not recommended. (ZTA). After deliberation on a proposed Zone Text Amendment to create a minimum twenty (20) foot streetside setback, in order to create inadequate driveway parking space, the consensus of the Council on August 19, 1997, was to Q.Qi approve such an amendment, which was also the recommendation of the Planning Commission 8. Thrifty - Change land use designation and zoning for a portion of Thrifty and adjacent property at southeast corner of Standard Street/Grand Avenue from Smoky Hollow Mixed - Use /Small Business (SB) to Downtown Commercial (C -RS). (GPA & ZC). On August 19, 1997, the consensus of the City Council was to concur with the Planning Commission and Staff recommendation to redesignate a 0.8 acre portion of the Thrifty Drug Store and Stick & Stein/Laundromat from Smoky Hollow Mixed -Use to Downtown Commercial in the General Plan and from Small Business (SB) to Downtown Commercial (C -RS) in the Zoning Code, so the entire site would have a consistent land use designation and zone. 9. Drive- thru's - Adopt a new policy in the General Plan to establish regulations for drive -thru restaurants to minimize impacts to residential uses. (GPA) The consensus of the City Council was to approve a new General Plan Land Use Policy, Policy LU-1-5.9, which states "Develop standard to address the potential impacts of drive -thru restaurants on residential uses." As previously discussed, the Zone Text Amendment for drive - thru's was reviewed with the First Quarter Amendments (EA -405A, ZTA 97 -1A) and adopted on August 19, 1997. This General Plan Amendment (GPA) was included with the Second Quarter Items in order to avoid using another one of the four GPA's allowed per year. The Planning Commission also recommended approval of the proposed General Plan amendment when it reviewed the First Quarter Amendments. An Initial Study /Negative Declaration of Environmental Impacts is required to evaluate the potential impacts which may be caused by the proposed regulations. Since a Negative Declaration requires a minimum 20 -day public notice and circulation period, based on the direction and recommendations from the Planning Commission on the General Plan and Zone Text Amendments and the Zone Map changes, the City proceeded with the required environmental review process for the proposed Amendments, as required by the California Environmental Quality Act (CEQA) and City 0 014 GPA/ZTA/ZC City Council Staff Report September 16, 1997 Council Resolution No. 3805, after the Planning Commission adopted the Resolution with their recommendations. The Draft Initial Study / Negative Declaration of Environmental Impacts for EA -408 was circulated for the 20 day public and agency review period from July 17th to August 4th, 1997, and no comments have been received on the document. The Negative Declaration for the first quarter General Plan and Zone Text Amendments included the review of the General Plan and Zone Text Amendments related to drive -thru restaurants, so additional environmental review for the proposed drive -thru restaurant General Plan Amendment is not included in this Draft Initial Study. Planning Staff and the City Attorney's office would recommend that the City Council adopt the Negative Declaration of Environmental Impacts, which indicates there will be no environmental impacts associated with the items which make up the Continued second quarter General Plan Amendments, Zone Text Amendments, and Zone Changes (EA -408). p:\zoning\ea408\ea4O8-3.ais 0 015 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, APPROVING ENVIRONMENTAL ASSESSMENT NO. EA -408, GENERAL PLAN AMENDMENT GPA 97 -2, ZONE TEXT AMENDMENT ZTA 97 -2 AND ZONE CHANGE 97 -2 AMENDING THE EL SEGUNDO GENERAL PLAN, THE EL SEGUNDO MUNICIPAL CODE BY AMENDING VARIOUS SECTIONS OF TITLE 16 AND 20 (BUILDINGS AND STRUCTURES AND ZONING CODE), AND THE ZONING MAP. PETITIONED BY THE CITY OF EL SEGUNDO. WHEREAS, on December 1, 1992, the City of El Segundo adopted a General Plan for the years 1992 -2010; and, WHEREAS, on December 1, 1992, the City of El Segundo certified an Environmental Impact Report as a complete and adequate document in accordance with the authority and criteria contained in the California Environmental Quality Act and the City of El Segundo Guidelines for the implementation of the California Environmental Quality Act and adopted a Statement of Overriding Consideration; and, WHEREAS, on November 16, 1993, the City Council did, pursuant to law, adopt a Negative Declaration of Environmental Impacts for the amendments to Title 19 (Subdivisions) and Title 20 (The Zoning Code) and a new Zoning Map, finding that there were no environmental impacts associated with the amendments that were not analyzed in the Master Environmental Impact Report certified by the City Council for the General Plan on December 1, 1992; and, WHEREAS, on November 16, 1993, the City Council did, pursuant to law, adopt Ordinance No. 1212 adopting a new Title 19 (Subdivisions) and Title 20 (The Zoning Code) and a new Zoning Map; and, WHEREAS, on November 5, 1996, the City Council considered and initiated a Quarterly Zoning Code (text and map) Amendment program similar to the Quarterly General Plan Amendment program already in place; and, WHEREAS, on December 17, 1996, the City Council approved a list of proposed future General Plan Amendments, Zone Text Amendments and Zone Changes and directed Staff and the Planning Commission to initiate processing the proposed amendments; and, WHEREAS, the City may amend all or part of an adopted General Plan to promote the public interest up to four times during any calendar year pursuant to Government Code Section 65358; and, WHEREAS, General Plan Amendment GPA 97 -2 is the second amendment processed and proposed for 1997; and, WHEREAS, an Environmental Assessment (EA -408), including a Draft Initial Study and Negative Declaration of Environmental Impacts for the proposed General Plan Amendment, Municipal Code, Zoning Code, and Zoning Map revisions, has been prepared and circulated to all interested parties, Staff, and affected public agencies for review and comment in the time and manner prescribed by law; and, WHEREAS, on April 24, May 8 and 22, and June 12, 1997, the Planning Commission did conduct, pursuant to law, duly advertised public hearings on revisions to the General Plan, Municipal Code, Zoning Code, and Zoning Map, and notice was given in the time, form and manner prescribed by law; and the Planning Commission adopted Resolution No. 2393 on June 12, 1997 recommending approval of the proposed amendments; and, 0 016 WHEREAS, on August 4, 1997, the City Council did hold, pursuant to law, a duly advertised public workshop/hearing on revisions to the General Plan, Municipal Code, Zoning Code, and Zoning Map, and notice was given in the time, form and manner prescribed by law and the public hearing was continued until August 5, 19 and September 16, 1997; and, WHEREAS, the proposed General Plan Amendment for drive -thru restaurants and Zone Text Amendment for Smoky Hollow Specific Plan parking were also considered by the City Council in conjunction with EA -405 and GPA 97 -1 (first quarter amendments) at duly advertised public hearings on May 6 and 20, and June 3, 1997 before being continued to be considered with the second quarter amendments; and, WHEREAS, opportunity was given to all persons to present testimony or documentary evidence for or against EA -408, GPA 97 -2, ZTA 97 -2, and ZC 97 -2, the revisions to the General Plan, Municipal Code, Zoning Code, and the Zoning Map; and, WHEREAS, at said hearings the following facts were established: 1. The purpose of the revisions to the General Plan, Municipal Code, Zoning Code, and Zoning Map are to refine and make appropriate adjustments to the development standards and other zoning and General Plan requirements in order to address concerns raised by the community about the future development of the City in furtherance of the general welfare of the City. 2. State law requires that zoning be made consistent with the General Plan. NOW, THEREFORE, BE IT ORDAINED that after consideration of the above facts and study of proposed Environmental Assessment EA -408, GPA 97 -2, ZTA 97 -2, and ZC 97 -2, the City Council finds as follows: The proposed General Plan, Municipal Code, Zoning Code, and Zoning Map Amendments are consistent with the 1992 General Plan. 2. The General Plan Amendments under GPA 97 -2 are in the public interest and will further the general welfare of the City. 1. The proposed General Plan, Municipal Code, Zoning Code, and Zoning Map Amendments are consistent with the existing Zoning Code. ENVIRONMENTAL FINDINGS 1. The Draft Initial Study was made available to all local and affected agencies and for public review and comment in the time and manner prescribed by law. The Initial Study concluded that the proposed project will not have a significant adverse effect on the environment, and a Negative Declaration of Environmental Impact was prepared pursuant to the California Environmental Quality Act (CEQA); and 2. That when considering the whole record, there is no evidence that the project will have the potential for an adverse effect on wildlife resources or the habitat on which the wildlife depends, because the project is in a built - out urban environment; and 0 017 2 3. That the City Council directs the Director of Planning and Building Safety to file with the appropriate agencies a Certificate of Fee Exemption and de minimus finding pursuant to AB 3158 and the California Code of Regulations. Within ten (10) days of the approval of the Negative Declaration of Environmental Impacts, the applicant shall submit to the City of El Segundo a fee of $25.00 required by the County of Los Angeles for the filing of this certificate along with the required Notice of Determination. As approved in AB 3158, the statutory requirements of CEQA will not be met and no vesting shall occur until this condition is met and the required notices and fees are filed with the County. NOW, THEREFORE, BE IT FURTHER ORDAINED THAT the City Council hereby approves EA -408, GPA 97 -2, ZTA 97 -2, and ZC 97 -2, and adopts changes to the El Segundo Municipal Code as follows: SECTION 1. Chapter 16.42 shall be added to Title 16 of the El Segundo Municipal Code to read as follows: Chapter 16.42 SOUND TRANSMISSION CONTROL Sections: 16.42.010 PURPOSE. 16.42.015 DEFINITIONS. 16.42.020 SCOPE. 16.42.030 GENERAL. 16.42.040 APPLICATION TO EXISTING BUILDINGS. 16.42.045 APPLICATION TO NEW RESIDENTIAL BUILDINGS. 16.42.050 BUILDING REQUIREMENTS FOR NEW RESIDENTIAL CONSTRUCTION IN THE 71 dB CNEL TO 75 dB CNEL NOISE ZONE. 16.42.060 BUILDING REQUIREMENTS FOR NEW RESIDENTIAL CONSTRUCTION IN THE 65 dB CNEL TO 70 DB CNEL NOISE ZONE. 16.42.070 MODIFICATION REQUIREMENTS FOR EXISTING RESIDENTIAL BUILDINGS IN THE 71 dB CNEL TO 75 dB CNEL NOISE ZONE. 16.42.080 MODIFICATION REQUIREMENTS FOR EXISTING RESIDENTIAL BUILDINGS IN THE 65 dB CNEL TO 70 dB CNEL NOISE ZONE. 16.42.010 PURPOSE. The purpose of the regulations in this Chapter is to safeguard life, health, property, and public welfare by establishing minimum requirements regulating the design, construction and modification of buildings for residential occupancy in the heavily noise impacted vicinity of Los Angeles International Airport. The goal is to achieve a 45 dB CNEL rating or lower in applicable new /modified residential construction. These sections are not intended to abridge any safety or health requirements under any other applicable codes or ordinances. 16.42.015 DEFINITIONS. CNEL: Community Noise Equivalency Level, a composite noise metric developed to describe potential public reaction to long -term exposure to noise events. Components used in calculating CNEL include four elements of a noise: the level, duration, number, and time of occurrence. CNEL represents the average sound level during a 24 -hour period after weighing the evening (7:00 p.m. to 10:00 p.m., receives a 5 dB penalty) and nighttime (10:00 p.m. to 7:00 a.m., receives a 10 dB penalty) noise events for expected increased public annoyance. 2. Decibel (dB): A unit of sound measurement, named after Alexander Graham Bell, which corresponds well to human hearing characteristics. Abbreviated "dB ". The range of human hearing is 3 dB (the threshold of hearing ) to 140 dB (a very painful auditory experience). A noise rated at 194 dB results in the complete displacement, by the noise event, of the atmosphere around the listener. 3. Expansion: An expansion of a residential structure, as the term is used in this Section, is any increase in square footage wherein one or more habitable rooms are added to the original structure. 4. Group R buildings: Includes essentially all residential buildings such as single family houses, apartments, congregate residences, and hotels and motels as defined in the Uniform Building Code. Remodel: For the purposes of this code, remodeling does not include the addition of habitable rooms which increase the square footage of the residence. Minor increases in square footage through the expansion of existing rooms, up to a cumulative total of 500 square feet, may be included under the definition of a remodel. Remodeling may include enlarging existing rooms, altering existing space, or improving the original structure. Remodeling and room addition modifications are referred to in Sections 16.42.070 and 16.42.080. 6. STC Rating: Sound Transmission Class Rating, a single number rating based on standardized test performance for evaluating the effectiveness of assemblies such as walls, floors, doors, and windows in isolating airborne sound transmission. A typical, off - the -shelf aluminum framed window with horizontally sliding panels would be expected to have an STC Rating of approximately 25 and stop about 25% of all noise penetration. A window with an STC Rating of 44 will stop approximately 85% of all noise penetration. 16.42.020 SCOPE. A. The provisions of this Chapter shall apply to all Group R buildings, as defined by the Uniform Building Code, within the predicted 65 dB CNEL noise contour of the Los Angeles International Airport for the year 2000. A map of the 65 dB CNEL noise impact area is located at the end of this chapter. B. Group R buildings are not allowed to be constructed within an airport CNEL contour of 75 dB or greater. C. This Chapter is intended to supplement the provisions of the Uniform Building Code and, in the case of conflict between this Chapter and any other applicable codes, the more restrictive requirements shall be met. D. The location and boundaries of the predicted 65 -70 dB CNEL and 71 -75 dB CNEL Noise Zones for the year 2000, are shown on the Noise Contour Map of the City, which map is part of this title when adopted by ordinance passed by the City Council in a manner described by law. Use of the Year 2000 map provides 4 to 5 years of stability in administering and complying with these regulations. The Noise Contour Map found at the end of this Chapter shows the noise contours predicted by the Department of Airports for the year 2000. The predicted contours of the Noise Contour Map are based upon the federally mandated conversion of all U.S. Commercial aircraft to Stage 0 019 4 Three, quiet configurations. If, after 100% fleet conversion to Stage Three, the noise contours depicted prove incorrect, the location and boundaries of the Sound Transmission Control Zone may be modified by the City. Adjustments to the map may be made at any time by the City based on any data acceptable to the City. 16.42.030 GENERAL. All materials described by measurements herein are standard stock materials. Therefore, a stud described as a 2 by 4 inch stud is the standard stock equivalent of the description. The stock sold under that description may, in fact, measure somewhat less than 2 by 4 inches. 16.42.040 APPLICATION TO EXISTING BUILDINGS. A. Authority to Approve Plans: Authority for approval of all plans and authority for the granting of all permits rests with the City's Building Official and his designated representatives. In resolving all disputes involving building in the City of El Segundo, the finding of the City's Building Official is final. B. Mandatory Acoustic Insulation for Building Remodels: Section 16.42.015 provides a definition of "remodel" as the term is used in this Section. As noted in the definition, remodeling does not include the addition of new habitable rooms which increase the overall floor space of the original structure. Modifications which provide for new habitable rooms and which increase overall floor space are addressed in Sections C. and D. below. Remodeling requires that the entire residence receive residential sound insulation treatment sufficient to conform with the requirements of this Chapter g& if the total cost of the planned remodel modification is an amount equal to or greater than 75% of the assessed value of the structure. The assessed value of the structure may be measured by either of the following methods: 1. The most current county tax assessment for the property minus the assessed value of the land, or 2. A current appraisal of the structure from a licensed appraiser. Any remodel costing 75% or more of the assessed value of the structure is considered a rebuilding of the residence and is addressed here as new construction. C. Room Additions which must be Acoustically Treated: The addition of a room is subject to conformance with the sound insulation requirements of this Chapter if that room meets RU three criteria listed below: The room is habitable: A habitable room is defined in the Uniform Building Code (UBC) as the "space in a structure for living, sleeping, eating, or cooking. Bathrooms, toilet compartments, closets, halls, storage, or utility space, and similar areas are not considered habitable space." 2. The room is epa� rable: A separable room is one which may be acoustically isolated from the rest of the residence, typically by closing a door. 3. The room is a "full" room: A "full" room is one which is not an extension or expansion of a previously existing room. The square footage of a "full" room, as defined here, is additive to the existing structure's floor space. O l� ng two smaller 5 U rooms of an existing larger room does not constitute a room addition as described herein. D. Residential Expansions which must be Acoustically Treated: Two types of residence expansion must be insulated. They include the following: 1. Residence expansions of greater than 500 square feet: Any expansion of the existing structure which exceeds 500 cumulative square feet must be insulated. 2. The planned expansion is of a home which has been insulated at public expense: Any addition to a residence which has received acoustical insulation treatment through the expenditure of public funds must be insulated. A second floor or "wing" addition would normally require insulation of the added rooms because some or all of the rooms would meet all three criteria of being Habitable, Separable, and Full, as described in Section C above, or the second floor or new wing addition would exceed 500 square feet, as described in Section D above. E. Acoustic Treatment of Room Additions Within the Predicted Year 2000 65 dB CNEL: While room additions, which meet the three criteria of Habitable, Separable, and Full as defined above, must be insulated, there is no requirement for the rest of the residence to be insulated, unless the cost of the additions is equal to or exceeds 75% of the assessed total value of the structure, and therefore becomes categorized as new construction, and is regulated as described in Section 16.42.045 below. If the owner is investing an amount equal to or more than 75% of the assessed value of the structure in upgrading and/or expanding it, then the entire residence must be insulated against noise. The plans for all habitable rooms added to existing structures shall be verified for compliance with the applicable sections of this Chapter by an architect, engineer, or contractor, licensed in the State of California. F. Exemptions from Acoustic Insulation Requirements for Building Modifications: Any additions, alterations, or repairs to existing residential buildings or structures other than those described in Sections D. and E. above are exempt from the requirement to be acoustically insulated. G. Post - Construction Acoustic Measurement: All new and modifying residential construction within the 65 dB CNEL is subject to post - construction /pre- occupancy acoustic measurement. Habitable rooms not achieving a CNEL rating of 45 dB or less may preclude building occupancy until such time as acoustic modification of that room achieves a CNEL rating of 45 dB. H. Degradation of Acoustic Shell: Openings in the shell of a residence which degrade its ability to achieve an interior CNEL rating of 45 dB or less when all doors and windows are closed are prohibited. Any access panels, pet doors, mail delivery drops, air conditioning or other openings must be designed to maintain a CNEL rating of 45 dB or less in the room to which they provide access. I. Substitute Materials: Materials and construction assemblies which achieve the required STC rating, R rating, or other acceptable criteria may be substituted for those specified herein when approved by the Building Official. 0 021 0 Deviation from this Standard: Deviation from the standards provided herein is permissible so long as the plans and materials list are verified to comply with and achieve the 45 dB CNEL limit for every habitable room constructed. Only verification by an architect, engineer, or contractor licensed in the State of California is acceptable. 16.42.045 APPLICATION TO NEW RESIDENTIAL BUILDINGS. A. All new construction of residential buildings, within the predicted 65 dB CNEL noise contour for the year 2000, must achieve an interior noise rating of 45 dB CNEL or less. B. All new residential construction, within the predicted 65 dB CNEL noise contour for the year 2000, is subject to post - construction/pre - occupancy acoustic measurement. Habitable rooms not achieving a CNEL rating of 45 dB or less may preclude building occupancy until such time as acoustic modification of that room achieves a CNEL rating of 45 dB. 16.42.050 BUILDING REQUIREMENTS FOR NEW RESIDENTIAL CONSTRUCTION IN THE 71 dB CNEL TO 75 dB CNEL NOISE ZONE. A. EXTERIOR WALLS New walls that form the exterior portion of habitable rooms shall be constructed as follows: 1. Studs shall be at least 4 inches in nominal depth; 2. Exterior finish shall be stucco (minimum 7/8" thickness), brick veneer, masonry, or any siding material allowed by this code. Wood or metal siding shall be installed over '/z -inch solid sheathing; 3. Masonry walls with a surface weight of less than 40 pounds per square foot will require an interior studwall that is finished as required by Section 16.42.050A.6; 4. Wall insulation shall be at least R -13 glass fiber or mineral wool and shall be installed continuously throughout the stud space; 5. Exterior solid sheathing shall be covered with overlapping asphalt felt; and, 6. Interior wall finish shall be at least 5/8" thick gypsum wallboard or plaster installed on resilient metal channels that are attached to the studs horizontally at a maximum spacing of 24 inches. B. EXTERIOR WINDOWS 1. Openable Windows. All openable windows in the exterior walls of habitable rooms shall have a laboratory sound transmission class rating of at least STC 40 dB and shall have an air infiltration rate of no more than 0.5 cubic feet per minute when tested according to ASTM E -283. 2. Fixed Windows. All fixed windows in the exterior walls of habitable rooms shall have a sound transmission class rating of at least STC 40 dB. This requirement may normally be achieved with 5/8 -inch laminated glass, with an STC rating of 40 dB, set in non - hardening glazing materials. 3. Openable and Fixed Windows. The total areas of glazing in rooms used for sleeping shall not exceed 20% of the floor area. 0 022 7 C. EXTERIOR DOORS 1. Exterior hinged doors to habitable rooms shall be a door and edge seal assembly that has a laboratory sound transmission class of at least STC 40 dB. 2. Sliding glass doors for habitable rooms shall not be allowed in walls that are directly exposed to aircraft noise and are facing the source of noise. D. ROOF /CEILING CONSTRUCTION 1. Roof rafters shall have a minimum slope of 4:12 and shall be covered on their top surface with a minimum 1/2-inch solid sheathing and any roof covering allowed by this code. 2. Attic insulation shall be batt or blown -in glass fiber or mineral wool with a minimum R -30 rating applied between the ceiling joists. 3. Attic ventilation shall be: a. Gable vents or vents that penetrate the roof surface that are fitted with transfer ducts at least 6 feet in length that are insulating flexible ducting or metal ducts containing internal 1 -inch thick coated fiberglass sound absorbing duct liner. Each duct shall have a lined 90- degree bend in the duct so that there is no direct line -of -sight from the exterior through the duct into the attic, or b. Noise control louver vents, or C. Eave vents that are located under the eave overhang. 4. Ceilings that are directly below an attic shall be finished with gypsum board or plaster that is at least 5/8 -inch thick. Ceiling materials shall be mounted on resilient channels. 5. Skylights shall penetrate the ceiling by means of a completely enclosed light well that extends from the roof opening to the ceiling opening. A secondary openable glazing panel shall be mounted at the ceiling line and shall be glazed with at least 3/16 -inch plastic, tempered or laminated glass. E. FLOORS The floor of the lowest habitable rooms shall be concrete slab on grade. Wood framed floors for habitable rooms will be allowed when they are directly above another habitable room, a basement, garage, workshop, utility room or other non - habitable room which is completely enclosed with wall, door, or window materials allowed by this Chapter. F. VENTILATION 1. A ventilation system shall be provided that will provide at least the minimum air circulation and fresh air supply requirements of this Code in each habitable room without opening any window, door or other opening to the exterior. All concealed ductwork shall be insulated flexible glass fiber ducting that is at least 10 feet long between the supply fan plenum and any room supply grill. 2. Kitchen cooktop vent hoods shall be the non - ducted recirculating type with no ducted connection to the exterior. G. FIREPLACES Each fireplace shall be fitted with a damper at the top of the chimney that is operated from the firebox and shall have non - combustible doors across the front of the firebox. 0 023 H. WALL AND CEILING OPENINGS Openings in exterior walls, doors and ceilings of habitable rooms are prohibited unless allowed by this Chapter. Prohibited openings include: 1. Animal access doors; 2. Mailboxes; and, 3. Portable air conditioners. 16.42.060 BUILDING REQUIREMENTS FOR NEW RESIDENTIAL CONSTRUCTION IN THE 65 dB CNEL TO 70 dB CNEL NOISE ZONE. A. EXTERIOR WALLS New walls that form the exterior portion of habitable rooms shall be constructed as follows: 1. Studs shall be at least 4 inches in nominal depth; 2. Exterior finish shall be stucco (minimum 7/8" thickness), brick veneer, masonry, or any siding material allowed by this code. Wood or metal siding shall be installed over 1/2-inch solid sheathing; 3. Masonry walls with a surface weight of less than 40 pounds per square foot will require an interior studwall that is finished as required by Section 16.42.050A.6; 4. Wall insulation shall be at least R -13 glass fiber or mineral wool and shall be installed continuously throughout the stud space; 5. Exterior solid sheathing shall be covered with overlapping asphalt felt; and, 6. Interior wall finish shall be at least 5/8" thick gypsum wallboard or plaster. B. EXTERIOR WINDOWS 1. Openable Windows. All openable windows in the exterior walls of habitable rooms shall have a laboratory sound transmission class rating of at least STC 35 dB and shall have an air infiltration rate of no more than 0.5 cubic feet per minute when tested according to ASTM E -283. 2. Fixed Windows. All fixed windows in the exterior walls of habitable rooms shall be at least 1/4 -inch thick and shall be set in non - hardening glazing materials. 3. The total area of glazing in rooms used for sleeping shall not exceed 20% of the floor area. C. EXTERIOR DOORS 1. Exterior hinged doors to habitable rooms shall be a door and edge seal assembly that has a laboratory sound transmission class of at least STC 35 dB. 2. Sliding glass doors for habitable rooms shall have glass that is 1/4 -inch thick. D. ROOF /CEILING CONSTRUCTION 1. Roof rafters shall have a minimum slope of 4:12 and shall be covered on their top surface with 1/2-inch solid sheathing and any roof covering allowed by this Chapter. 2. Attic insulation shall be batt or blown -in glass fiber or mineral wool with a minimum R -30 rating applied between the ceiling joists. 3. Attic ventilation shall be: 0 024 9 a. Gable vents or vents that penetrate the roof surface that are fitted with transfer ducts at least 6 feet in length that are insulating flexible ducting or metal ducts containing internal 1 -inch thick coated fiberglass sound absorbing duct liner. Each duct shall have a lined 90- degree bend in the duct so that there is no direct line -of -sight from the exterior through the duct into the attic, or b. Noise control louver vents, or C. Eave vents that are located under the eave overhang. 4. Ceilings that are directly below an attic shall be finished with gypsum board or plaster that is at least 5/8 -inch thick. Ceiling materials shall be mounted on resilient channels. 5. Skylights shall penetrate the ceiling by means of a completely enclosed light well that extends from the roof opening to the ceiling opening. A secondary openable glazing panel shall be mounted at the ceiling line and shall be glazed with at least 3/16 -inch plastic, tempered or laminated glass. E. FLOORS The floor of the lowest habitable rooms shall be concrete slab on grade or wood framed floors. F. VENTILATION A ventilation system shall be provided that will provide at least the minimum air circulation and fresh air supply requirements of this Code in each habitable room without opening any window, door or other opening to the exterior. All concealed ductwork shall be insulated flexible glass fiber ducting that is at least 10 feet long between the supply fan plenum and any room supply grill. Kitchen cooktop vent hoods shall be the non - ducted recirculating type with no ducted connection to the exterior. G. FIREPLACES Each fireplace shall be fitted with a damper at the top of the chimney that is operated from the firebox and shall have non - combustible doors across the front of the firebox. H. WALL AND CEILING OPENINGS Openings in exterior walls, doors and ceilings of habitable rooms are prohibited unless allowed by this Chapter. Prohibited openings include: 1. Animal access doors; 2. Mailboxes; and, 3. Portable air conditioners. 16.42.070 MODIFICATION REQUIREMENTS FOR EXISTING RESIDENTIAL BUILDINGS IN THE 71 dB CNEL TO 75 dB CNEL NOISE ZONE. A. EXTERIOR WALLS Exterior walls of habitable rooms that are directly exposed to aircraft noise shall be modified as follows: 10 0 025 1. Wood frame walls with exterior wood siding or other lightweight exterior finish shall be provided with a secondary interior stud wall that is supported at the ceiling and the floor and is separated from the surface of the interior wall by at least 1/2-inch. The exposed surface of the secondary wall shall be finished with 5/8 -inch gypsum wallboard or plaster; 2. Wood frame walls with an exterior finish of stucco, brick veneer or other similar materials and with an interior finish that is less than 1/2-inch thick shall be provided with an additional interior layer of 5/8 -inch gypsum wallboard; 3. Wood frame walls with an exterior finish of stucco, brick veneer or other similar heavy materials and with interior finish that is at least '/z -inch thick do not require modification; and, 4. Walls that are constructed principally of load bearing masonry will not require modifications. B. EXTERIOR WINDOWS 1. Openable Windows in habitable rooms shall be replaced with an openable window that has a laboratory sound transmission class rating of at least STC 40 dB and shall have an air infiltration rate of no more than .5 cubic feet per minute when tested according to ASTM E -283. 2. Fixed windows in habitable rooms that face the source of aircraft noise shall be modified by one of the following methods: a. Replace the existing window with a window that has an acoustic rating of at least STC 40 dB; or b. Replace the existing window with 5/8" laminated glass that has an acoustic rating of STC 40 dB; and, C. Add secondary removable glazing at the interior or exterior of the existing window. The secondary glazing shall be at least 1/4 -inch float glass or laminated glass. 3. Fixed windows in habitable rooms that do not face the source of aircraft noise shall be replaced with 3/8 -inch laminated glass that has an acoustic rating of at least STC 36 dB. 4. The joint between the wall opening and the new windows required in 16.42.070 B.1. and B.2.a. shall be continuously filled with glass fiber insulation and the exterior cover trim shall be continuously caulked to seal the joint. 5. Fixed glass shall be set in non - hardening glazing materials. C. EXTERIOR DOORS 1. Exterior hinged doors to habitable rooms shall be replaced with a door and seals that have a laboratory sound transmission class rating of at least STC 40 dB. A new rabetted frame shall be provided for each new door to replace the existing frame. 2. Access doors from a garage to a habitable room shall be replaced with a door and seals that have an STC rating of at least 30 dB. 3. Sliding glass doors in habitable rooms shall be fitted with a secondary sliding glass door installed on the exterior of the existing door and trimmed on all exposed sides with wood rim that is at least 2 inches thick (nominal). Joints between the new door and the wall shall be continuously caulked. 4. The joint between the wall opening and the new door frame required in Section 16.42.070 B.1. and 2. shall be continuously filled with glass fiber insulation and the exterior cover trim shall be continuously caulked to seal the joint. 0 026 11 I,fi E. F ROOFS 1. Accessible attics shall be insulated to achieve a minimum R -30 insulation value. 2. Attic vents shall be modified as follows: a. Gable vents or vents that penetrate the roof surface shall be provided with noise control louver vents that meet the noise reduction levels shown in Table 35 -A or transfer ducts that are at least 6 feet in length. The ducts shall be of flexible insulated ducting with a bend so that there is no direct line -of -sight from the exterior through the duct into the attic. b. Eave vents do not require modification. 3. Roofs with a slope of 2:12 or less and open beam ceilings shall be modified only if bearing walls are adequate to support the additional load stresses: a. Existing roof covering shall be removed to expose sheathing. b. 2 x 6 rafters at 24- inches on center shall be installed directly above the existing roof construction and supported by existing bearing walls, shall be insulated with R -19 fiberglass batts, and shall be covered with '/z -inch plywood sheathing. C. New roofing shall be installed on the new construction that can be adequately supported by the new framing and existing bearing walls. FLOORS Vent openings to underfloor areas of wood framed floors shall be provided with acoustic vent baffles that meet noise reduction levels shown in Table 35 -A. Vent baffles shall be fitted with 1/4 -inch mesh screen. Octave Band Center Frequency, Hz 125 250 500 1,000 2,000 4,000 Sound Transmission Loss dB 4 5 6 9 10 12 Underfloor access doors shall be non - vented plywood or other weatherproof material. VENTILATION 1. A ventilation system shall be provided that will provide at least the minimum air circulation and fresh air supply requirements of this Code in each habitable room without opening any window, door or other opening to the exterior. All concealed ductwork shall be insulated flexible glass fiber ducting that is at least 10 feet long between the supply fan plenum and any room supply grill. Exposed ductwork may be sheet metal with 1 -inch fiberglass duct liner and shall have a bend in the duct to avoid direct line -of -sight through the duct. 2. Kitchen cooktop vent hoods shall be replaced with non - ducted recirculating vent hoods with no ducted connection to the exterior. 0 027 12 G. FIREPLACES Each fireplace shall be fitted with a damper at the top of the chimney that is operated from the firebox and shall have non - combustible doors across the front of the firebox. H. WALL AND CEILING OPENINGS Openings in exterior walls doors and ceilings of habitable rooms that are not allowed by this Chapter shall be sealed with materials that are similar to adjacent wall construction. Openings to be sealed include: 1. Animal access doors; 2. Mailboxes; and, 3. Portable air conditioners. 16.42.080 MODIFICATION REQUIREMENTS FOR EXISTING RESIDENTIAL BUILDINGS IN THE 65 dB CNEL TO 70 dB CNEL NOISE ZONE. A. EXTERIOR WALLS Exterior walls in this noise zone do not require modification. B. EXTERIOR WINDOWS 1. Openable wood frame windows in habitable rooms facing aircraft noise shall be replaced with new openable windows that have a minimum laboratory sound transmission class of at least STC 35 dB if the existing window has: a. Missing or insecure glazing putty or other glazing materials, or b. Broken or cracked glass, or C. An operating sash not securely supported in its frame or not closed tightly against the frame. 2. Openable wood frame windows that do not require replacement by Section 16.42.080A and that face aircraft noise shall be fitted with a secondary window that has an STC rating of at least 25 dB. The secondary window may be mounted at the exterior or interior of the existing window and shall be completely trimmed and caulked in place. 3. Openable metal frame windows in habitable rooms facing aircraft noise shall be replaced with new openable windows that have a minimum laboratory sound transmission class of at least STC 35 dB if the existing window has: a. Jalousie louvered glass sash, or b. Missing or insecure glazing putty or other glazing materials, or C. Broken or cracked glass, or d. An operating sash not securely supported in its frame or not closed tightly against the frame. 4. Openable metal frame windows in habitable rooms facing aircraft noise that do not require replacement by 16.42.080 B.3. shall be fitted with a secondary window that has an STC rating of at least 25 dB. The secondary window may be mounted at the exterior or interior of the existing window and shall be completely trimmed and caulked in place. 5. Fixed windows in habitable rooms facing aircraft noise shall be glazed with 1/4 -inch glass unless they are part of an acoustic window assembly. 13 0 028 6. Openable windows in habitable rooms that do not face aircraft noise shall be modified as follows: a. Jalousie louvered glass windows shall be replaced with windows that have a laboratory sound transmission class of at least STC 30 dB. b. Windows that are not jalousie shall be fitted with a secondary window that has an STC rating of at least 25 dB. 7. Fixed glass windows in habitable rooms that do not face aircraft noise shall not require modification. C. EXTERIOR DOORS 1. Exterior doors in habitable rooms shall be modified as follows: a. Hollow core or lightweight doors and doors with glazed openings shall be replaced with doors that have a minimum laboratory sound transmission class of at least STC 35 dB. b. Solid core or heavy panel doors that weigh at least 4 lbs. per sq. ft. or more shall be fitted with a drop seal at the sill and vinyl bulb seals at the jambs and head. 2. Access doors from a garage to a habitable room shall be replaced with a door and seals that have an STC rating of at least 30 dB. 3. Sliding glass doors in this noise zone do not require modification. D. ROOFS 1. Accessible attics shall be insulated to achieve a minimum R -30 insulation value. 2. Attic vents shall be modified as follows: a. Gable vents or vents that penetrate the roof surface shall be provided with noise control louver vents that meet the noise reduction levels shown in Table 35 -A or transfer ducts that are at least 6 feet in length. The ducts shall be of flexible insulated ducting with a bend so that there is no direct line -of -sight from the exterior through the duct into the attic. b. Eave vents do not require modification. 3. Roofs with a slope of 2:12 or less and open beam ceilings shall be modified only if bearing walls are adequate to support the additional load stresses: a. Existing roof covering shall be removed to expose sheathing. b. 2 x 6 rafters at 24- inches on center shall be installed directly above the existing roof construction and supported by existing bearing walls, shall be insulated with R -19 fiberglass batts, and shall be covered with 1/z -inch plywood sheathing. C. New roofing shall be installed on the new construction that can be adequately supported by the new framing and existing bearing walls. E. FLOORS Floors in this noise zone do not require modification. F. VENTILATION A ventilation system shall be provided that will provide at least the minimum air circulation and fresh air supply requirements of this Code in each habitable room 14 0 029 without opening any window, door or other opening to the exterior. All concealed ductwork shall be insulated flexible glass fiber ducting that is at least 10 feet long between the supply fan plenum and any room supply grill. Exposed ductwork may be sheet metal with 1 -inch fiberglass duct liner and shall have a bend in the duct to avoid direct line -of -sight through the duct. 2. Kitchen cooktop vent hoods shall be replaced with non - ducted recirculating vent hoods with no ducted connection to the exterior. G. FIREPLACES Each fireplace shall be fitted with a damper at the top of the chimney that is operated from the firebox and shall have non - combustible doors across the front of the firebox. H. WALL AND CEILING OPENINGS Openings in exterior walls doors and ceilings of habitable rooms not allowed by this Chapter shall be sealed with materials similar to adjacent wall construction. Openings to be sealed include: 1. Animal access doors; 2. Mailboxes; and, 3. Portable air conditioners. City of El Segundo Noise Contour Map (YEAR 2000) Home construction and modification within N the Sound Transmission Control Zone (STCZ), as defined by the 85 dB CNEL, are subject to the provisions of Chapter 16.42. Parcels which fall entirely outside the STCZ are exempt from the provisions of the Chapter. 15 0 030 SECTION 2. Section 20.08.245 of Chapter 20.08, Title 20, of the El Segundo Municipal Code, the Definition of CNEL (Community Noise Equivalent Level), is hereby repealed in its entirety. SECTION 3. Section 20.08.305 of Chapter 20.08, Title 20, of the El Segundo Municipal Code, the Definition of dB, is hereby repealed in its entirety. SECTION 4. Section 20.08.400 of Chapter 20.08, Title 20, of the El Segundo Municipal Code, the Definition of FAA, is hereby repealed in its entirety. SECTION 5. Section 20.08.445 of Chapter 20.08, Title 20, of the El Segundo Municipal Code, the Definition of Group R Buildings, is hereby repealed in its entirety. SECTION 6. Section 20.08.590 of Chapter 20.08, Title 20, of the El Segundo Municipal Code, the Definition of Massage Establishment, is hereby repealed in its entirety. SECTION 7. Section 20.12.190 shall be added to Chapter 20.12, Title 20, of the El Segundo Municipal Code to read as follows: 20.12.190 OUTDOOR DINING AREAS. All outdoor dining facilities on private property must comply with the following: A. Any surfaced pedestrian walkway on private property abutting an outdoor dining area must maintain a minimum width of 48 inches, as set forth in Section 3325 of Title 24 of the California Administrative Code; B. No placement of tables, chairs, umbrellas, etc., for outdoor dining shall be allowed in areas required for ingress and egress by the Uniform Building Code (UBC); C. All overhead elements of the outdoor dining area, such as umbrellas, shall provide a minimum vertical height clearance of eight (8) feet, as set forth in Section 3206.4 of the 1994 Uniform Building Code. No horizontal part of the overhead elements may protrude beyond the outdoor dining area. D. The outdoor dining area shall be kept clean and free of trash, etc., at all times, pursuant to Chapter 9.54, Property Maintenance Standards; E. All tables, chairs, and any other facilities in the outdoor dining area must be maintained in good repair, subject to the approval of the Director of Planning and Building Safety, pursuant to Chapter 9.54, Property Maintenance Standards; F. All tables, chairs, and umbrellas must be placed in a secure area or inside a building or structure when the business is closed; G. Any sales or services of alcoholic beverages in the outdoor dining area requires prior approval and a license issued by the City of El Segundo pursuant to Chapter 20.72, Administrative Determinations; and, the State Department of Alcohol Beverage Control (ABC); H. No entertainment or dancing is permitted in the outdoor dining area without prior approval from the Director of Finance and the Director of Planning and Building Safety, pursuant to Chapter 5.36, Entertainment Regulation; O 031 16 I. No amplified sound is permitted in the outdoor dining area without prior approval of the Director of Planning and Building Safety, pursuant to Chapter 9.06, Noise and Vibration Regulations. J. All outdoor dining facilities on public property shall comply with all the requirements of Title 12 of the El Segundo Municipal Code, as well as any applicable policies of the City of El Segundo. SECTION 8. Section 20.31.060 A.l.a. of Chapter 20.31, Title 20, of the El Segundo Municipal Code is amended to read as follows: a. Outdoor restaurants, cafes or seating areas, provided they comply with the provisions of Section 20.12.190; and, SECTION 9. Section 20.32.060 A.l.a. of Chapter 20.32, Title 20, of the El Segundo Municipal Code is amended to read as follows: a. Outdoor restaurants, cafes or seating areas, provided they comply with the provisions of Section 20.12.190; and, SECTION 10. Section 20.33.060 A.l.a. of Chapter 20.33, Title 20, of the El Segundo Municipal Code is amended to read as follows: a. Outdoor restaurants, cafes or seating areas, provided they comply with the provisions of Section 20.12.190; SECTION 11. Section 20.34.060 A. La. of Chapter 20.34, Title 20, of the El Segundo Municipal Code is amended to read as follows: a. Outdoor restaurants and cafes incidental to the permitted use, provided they comply with the provisions of Section 20.12.190; and, SECTION 12. Section 20.36.060 A. Lb. of Chapter 20.36, Title 20, of the El Segundo Municipal Code is amended to read as follows: b. Outdoor restaurants and cafes incidental to the permitted use, provided they comply with the provisions of Section 20.12.190; SECTION 13. Section 20.38.060 A.l.b. of Chapter 20.38, Title 20, of the El Segundo Municipal Code is amended to read as follows: b. Outdoor restaurants and cafes incidental to the permitted use, provided they comply with the provisions of Section 20.12.190; SECTION 14. Section 20.40.060 A.2.c. of Chapter 20.40, Title 20, of the El Segundo Municipal Code is amended to read as follows: C. Outdoor restaurant seating, provided it complies with the provisions of Section 20.12.190. 0 032 17 SECTION 15. Section 20.42.060 A.2.b. of Chapter 20.42, Title 20, of the El Segundo Municipal Code is amended to read as follows: b. Outdoor dining areas, provided they comply with the provisions of Section 20.12.190; and, SECTION 16. Section 20.43.060 A.2.b. of Chapter 20.43, Title 20, of the El Segundo Municipal Code is amended to read as follows: b. Outdoor dining areas, provided they comply with the provisions of Section 20.12.190; and, SECTION 17. Section 20.46.050 of Chapter 20.46, Title 20, of the El Segundo Municipal Code is amended to read as follows: 20.46.050 APPENDIX A -- BOUNDARY DESCRIPTION. The Brickyard/West Trade Center contains the area within the following boundaries: Southern Boundary: The centerline of El Segundo Boulevard from the point of intersection of the western border of Sepulveda Boulevard right -of -way extended at the east, to the point of intersection of the centerline of Standard Street at the west. Western Boundary: The centerline of Standard Street from the centerline of El Segundo Boulevard to the south, northerly to the intersection of Franklin Avenue in an easterly direction to the intersection of the centerline of the alley between Standard Street and Eucalyptus Drive; along the centerline of said alley in a northerly direction to the intersection of the centerline of the alley paralleling, and approximately 150 feet south of Grand Avenue. As part of the Zone Change 88 -3, the western boundary was expanded to include the following area: The centerline of the alley between Standard Street and Main Street from the centerline of El Segundo Boulevard to the south, northerly to the intersection of the centerline of Franklin Avenue; along the centerline of Franklin Avenue in an easterly direction to the intersection of the centerline of Standard Street; along the centerline of said street in a northerly direction 350 feet; thence east to the existing boundary. As part of the Zone Change 97 -2, the western boundary adopted as part of Zone Changes 88 -3 was altered to delineate the following area: The centerline of the alley between Standard Street and Main Street from the centerline of El Segundo Boulevard to the south, northerly to the intersection of the centerline of Franklin Avenue; along the centerline of Franklin Avenue in an easterly direction to the intersection of the centerline of Standard Street; along the centerline of said street in a northerly direction 270 feet; thence east to the existing boundary. Northern Boundary: The centerline of said alley in an easterly direction to the intersection of the centerline of Arena Street; along the centerline of Arena Street in a southerly direction to the intersection of the centerline of Franklin Street; along the centerline of Franklin Street in an easterly direction to the western boundary of vacated Bungalow Drive extended; along the western boundary of vacated Bungalow Drive extended in a northerly direction 95 feet to the southern boundary lot line of the public retention basin; along the southern boundary lot line of the public retention basin in an easterly direction to the intersection of the centerline of Center Street; along the centerline of Center Street in a northerly direction to the intersection of the centerline of Grand Avenue; along the centerline of Grand Avenue in an easterly direction to the extended property line between lots 13 and 44 on the north side of Grand Avenue between 18 0 033 Center Street and Nevada Street; along the said property line in a northerly direction for approximately 70 feet to the El Segundo Junior High School boundary; along the El Segundo Junior High School boundary in an easterly direction to the intersection of the centerline of Nevada Street; along the centerline of Nevada Street in a northerly direction to the termination of the street at the southern boundary of El Segundo Junior High School (approximately 70 feet); along the southern boundary of the El Segundo Junior High School in an easterly direction to the southeastern corner of the property (approximately 350 feet); along the eastern border of the property in a northerly direction to the intersection of the northern boundary of the Southern Pacific Railroad right -of -way; along the northern boundary of the Southern Pacific Railroad right -of -way in a southeasterly direction to the intersection of the northern boundary of vacated Holly Avenue (approximately 125 feet); along the northern boundary of vacated Holly Avenue in an easterly direction to the intersection of the western boundary of California Street (approximately 175 feet); along the western boundary of California Street in a southerly direction to the intersection of the centerline of Holly Avenue; along the centerline of Holly Avenue in an easterly direction to the intersection of the western boundary of the Southern California Edison powerline easement; along the western boundary of the Southern California Edison powerline easement to the intersection of the northern boundary of Grand Avenue; along the northern boundary of Grand Avenue in an easterly direction to the intersection of the eastern boundary of the Southern California Edison powerline easement; along the eastern boundary of the Southern California Edison powerline easement in a northwesterly direction to the intersection of the centerline of Illinois Street; along the centerline of Illinois Street in a northerly direction to the intersection of the centerline of Holly Avenue; along the centerline of Holly Avenue in an easterly direction to the intersection of the centerline of Indiana Street. As part of the Zone Change 97 -2, the northern boundary was altered to delineate the following area: In an easterly direction 150 feet to the centerline of the alley between Standard Street and Eucalyptus Drive; south along the centerline of said alley to the centerline of the alley between Franklin Street and Grand Avenue; along the centerline of said alley in an easterly direction to the centerline of Eucalyptus Drive; along the centerline of said street in a northerly direction 150 feet to the centerline of the alley between Franklin Street and Grand Avenue; thence east to the existing boundary. Eastern Boundary: Along the centerline of Indiana Street in a southerly direction through Grand Avenue and continuing along the centerline of the vacated Indiana Street to the intersection of the centerline of the vacated Franklin Avenue; along the centerline of the vacated Franklin Avenue in a westerly direction to the intersection of the eastern boundary of Illinois Street; along the eastern boundary of Illinois Street in a southerly direction to the intersection of the southern boundary of the El Segundo City Maintenance Yards; in an easterly direction to the intersection of the eastern boundary of the Southern Pacific Railroad right -of -way; along the eastern boundary of the Southern Pacific Railroad right -of -way in a southeasterly direction to the intersection of the western boundary of Sepulveda Boulevard; along the western boundary of Sepulveda Boulevard in a southerly direction to an intersection with the centerline of El Segundo Boulevard. SECTION 18. Section 20.54.030 of Chapter 20.54, Title 20, of the El Segundo Municipal Code is amended to read as follows: 20.54.030 PARKING SPACES REQUIRED. The number of on -site parking spaces required for the establishment of a building or use shall be provided and thereafter maintained at the following ratios; provided, however, that for any building or use enlarged or increased in capacity, additional parking facilities shall be required only for such enlargement or increase. Additional parking facilities need not be provided in R zones unless such enlargement or increase results in the addition of a dwelling unit. Unless stated otherwise, parking shall be based on net floor area as defined in Section 20.08.420. 0 034 19 A. Residential Uses RESIDENTIAL USE NUMBER OF PARKING SPACES REQUIRED (1) Single- family and two- family 2 spaces for each unit and one additional space for dwellings: dwelling units exceeding 3,000 sq. ft. of gross floor Hotels: area. (2) Condominiums, residential 2 spaces for each unit plus 2 visitor spaces for the first co -ops and multiple - family 5 dwelling units and 2 visitor spaces for each dwellings: additional 3 units (e.g. 1 -5 units = 2 visitor spaces, 6 -8 (3) units = 4, 9 -11 units = 6, 12 -14 units =8, etc). (3) Lodging houses, rooming 1 space for each sleeping room. houses, and guest houses: B. Nonresidential Uses NONRESIDENTIAL USES NUMBER OF PARKING SPACES REQUIRED (1) Hospitals: 1'/i spaces for each bed. (2) Hotels: I space for each of the first 100 rooms; '/4 space for each of the next 100 rooms; and 1/2 space for each room above 200 rooms. (3) Motels, auto courts, bed and 1 space for each sleeping unit. breakfast inns, motor lodges, and tourist courts: (4) Seniors' communities, rest 1 space for each 2 beds. homes, convalescent homes: (5) Offices, commercial, video 1 space for each 300 sq. ft. for the first 25,000 sq. ft. arcade, and food -to -go uses: 1 space for each 350 sq. ft. for the second 25,000 sq. ft. 1 space for each 400 sq. ft. for the area in excess of 50,000 sq. ft. (6) Restaurants, drive -thru 1 space for each 75 sq. ft., including outdoor dining restaurants, bars and cocktail areas if outdoor dining area exceeds 200 sq. ft. or lounges: 20% of indoor dining area, whichever is less. No parking is required for restaurants under 500 sq. ft. which do not provide sit -down eating accommodations. (7) Manufacturing, research and 1 space for each 500 sq. ft. for the first 50,000 sq. ft. development (includes office I space for each 1,000 sq. ft. for the area in excess of with on -site testing facilities): 50,000 sq. ft. 20 0 035 (8) Medical/Dental offices and 1 space for each 200 sq. ft. clinics: (9) Warehouses and storage 1 space for each 1,000 sq. ft. for the first 20,000 sq. ft. buildings: 1 space for each 2,000 sq. ft. for the second 20,000 sq. ft. 1 space for each 4,000 sq. ft. for the area in excess of 40,000 sq. ft. (10) Automobile repair garages, 2 spaces for each service stall plus 2 spaces for office. body shops, and service stations: (11) Schools, private (a) Pre - school, elementary through 1 space for each 1 classroom, plus 1 space for each junior high level: employee and faculty member. (b) High school level: 1 space for each 3 students, plus 1 space for each employee and faculty member. (c) Adult level, college, 1 space for each 5 students, plus 1 space for each business and trade: employee and faculty member. (12) Places of public assembly including, but not limited to, theaters, auditoriums, banquet facilities, meeting rooms, clubs, lodges and mortuaries: (a) With fixed seats 1 space for every 3 seats.* (b) Without fixed seats 1 space for every 30 sq. ft. of floor area used for assembly purposes. (13) Churches: 1 space for every 4 seats.* * Based upon the Uniform Building Code areas having fixed benches or pews shall have 1 seat for each 18 inches of length. Dining areas shall have 1 seat for each 24 inches of booth length, or major portion thereof. C. Compact Parking Compact parking shall be allowed for office and industrial uses to a maximum of twenty (20%) percent of required parking spaces. Parking spaces provided in excess of the required number may be compact size. Compact parking shall not be allowed for retail uses. 0 036 21 D. Parking Reductions The Planning Commission may reduce the required amount of parking in the SB, MM, Grand Avenue Commercial and Medium Density Residential Zones up to 10 %. The Planning Commission may modify the required number of parking spaces in any commercial or industrial zone, including in the Smoky Hollow Specific Plan area up to a maximum of 10 %, based on the submittal of a parking demand study. Additionally, for any use for which the number of parking spaces is not listed, the Director of Planning and Building Safety or Planning Commission shall specify the required number of spaces based on a parking demand study. SECTION 19. Section 20.54.080 of Chapter 20.54, Title 20, of the El Segundo Municipal Code is amended to read as follows: 20.54.080 JOINT USE AND OFF -SITE PARKING FACILITIES. A. All parking spaces shall be located on the same lot or building site as the use for which such spaces are required, except within the boundaries of the Smoky Hollow Specific Plan (see Section 20.54.130), provided that such parking spaces for non - residential uses may be located on a different lot or lots, all of which are less than a distance of 300 feet from the use for which they are required. Such distance shall be measured along a straight line drawn between the nearest point on the premises devoted to the use served by such parking facilities and the premises providing such parking facilities. Prior to the issuance of any building permits or the beginning of the use, whichever occurs first, the covenant as described in Section 20.54.080 B.3. of this Chapter shall be recorded in the office of the County Recorder. This covenant will include such conditions and provisions as the Planning Commission, Director of Planning and Building Safety, or City Attorney may impose. B. The Planning Commission may authorize, through a discretionary permit procedure, the joint use of parking facilities under the following conditions: 1. Up to 50% of the parking facilities of a use considered to be primarily a daytime use may be used to satisfy the parking facilities required by this Chapter for a use considered to be primarily a nighttime use. 2. A covenant as described in Subsection 3 shall be recorded in the office of the County Recorder, and may include such reasonable conditions as the Planning Commission may impose. 3. When parking is to be provided off the regularly subdivided lot on which the structure, or some portion thereof, is located, the owner or lessee of record of the development site shall furnish satisfactory evidence to the Director of Planning and Building Safety that he or she owns or has available sufficient property to provide the minimum off - street parking required by the provisions of Section 20.54.030. Whether parking is to be provided on property owned by the applicant or is in another ownership, there shall be recorded in the office of the County Recorder, prior to the issuance of any building permit, a covenant executed by the owners of such property for the benefit of the City, in a form approved by the City Attorney, to the effect that the owners will continue to maintain such parking space so long as such structure, improvement, or use exists for which the parking is intended. However, under no circumstances shall the covenant be in effect for more than ninety years from the date it first became effective. Such 22 0 037 covenant shall also recite that the title to and right to use the lots upon which the parking space is to be provided will be subservient to the title to the premises upon which the structure is to be erected and shall warrant that such lots are not and will not be made subject to any other covenant or contract for such use without the prior written consent to the City. In the event the owners of such structure should thereafter provide parking space equal in area within the same distance and under the same conditions as to ownership upon a lot other than the premises made subservient in a prior such covenant, the City will, upon a written application therefore, accompanied by the filing of a similar covenant, release such original subservient premises from such prior covenant, and the owners shall furnish at their own expense such title reports or other evidence as the City may require to ensure compliance with the provisions of this chapter. SECTION 20. Chapter 20.58 of Title 20, of the El Segundo Municipal Code, entitled Sound Transmission Control, is hereby repealed in its entirety. SECTION 21. The General Plan Land Use Map is hereby changed to reflect the change for the Thrifty Drug Store and Stick & Stein/Laundromat Property at the southeast corner of Grand Avenue and Standard Street from the Smoky Hollow Mixed -Use Land Use Designation to Downtown Commercial. The corresponding changes to the Land Use Map as set forth in Exhibit A, attached hereto and incorporated herein by this reference, are also hereby approved. SECTION 22. The Proposed Land Use Plan (northwest quadrant) of the Land Use Element is hereby amended to reflect the change for the Thrifty Drug Store and Stick & Stein/Laundromat Property at the southeast corner of Grand Avenue and Standard Street from the Smoky Hollow Mixed -Use Land Use Designation to Downtown Commercial. The corresponding changes to the Land Use Element as set forth in Exhibit B, attached hereto and incorporated herein by this reference, are also hereby approved. SECTION 23. The Land Use 1992 General Plan Summary of Existing Trends Buildout (Exhibit LU -3) of the Land Use Element is hereby amended to reflect the change for the Thrifty Drug Store and Stick & Stein/Laundromat Property at the southeast corner of Grand Avenue and Standard Street from the Smoky Hollow Mixed -Use Land Use Designation to Downtown Commercial. The corresponding changes to the Land Use Element as set forth in Exhibit C, attached hereto and incorporated herein by this reference, are also hereby approved. SECTION 24. The Summary of Existing Conditions Report (Demand for Housing) of the Housing Element is hereby amended to reflect the change for the Thrifty Drug Store and Stick & Stein/Laundromat Property at the southeast corner of Grand Avenue and Standard Street from the Smoky Hollow Mixed -Use Land Use Designation to Downtown Commercial. The corresponding changes to the Housing Element as set forth in Exhibit D, attached hereto and incorporated herein by this reference, are also hereby approved. SECTION 25. The current Zoning Map is hereby amended to reflect the change for the Thrifty Drug Store and Stick & Stein/Laundromat Property at the southeast corner of Grand Avenue and Standard Street from the Small Business (SB) Zone to the Downtown Commercial (C -RS) Zone. The corresponding changes to the Zoning Map as set forth in Exhibit E, attached hereto and incorporated herein by this reference, are also hereby approved. SECTION 26. Land Use Element Policy LU 7 -1.8 and Conservation Element Policy CN1 -4 are hereby added to address watershed and storm water management. The corresponding changes to the Land Use Element and Conservation Element, as set forth in Exhibit F, attached hereto and incorporated herein by this reference, are also hereby approved. 23 038 SECTION 27. Land Use Element Policy LU 1 -5.9 is hereby added to address the potential impacts of drive - thru restaurants on residential uses. The corresponding changes to the Land Use Element, as set forth in Exhibit G, attached hereto and incorporated herein by this reference, is also hereby approved. SECTION 28. Mayor Sandra Jacobs did abstain from and did not participate in the deliberations and decision on the following portions of the General Plan and Zone Text Amendments: 1. General Plan Land Use Map - (Thrifty Property) 2. General Plan Land Use Element Pages 3 -8, 3 -9 - (Thrifty Property) 3. General Plan Land Use Element Exhibit LU -3 - (Thrifty Property) 4. General Plan Housing Element Pages 5 -3, 5 -4, 5 -6 - (Thrifty Property) 5. Zoning Map - (Thrifty Property) SECTION 29. This ordinance shall become effective at midnight on the thirtieth (30) day from and after the final passage and adoption hereof. SECTION 30. The City Clerk shall certify to the passage and adoption of this ordinance; shall cause the same to be entered in the book of original ordinances of said City; shall make a note of the passage and adoption thereof in the records of the meeting at which the same is passed and adopted; and shall within 15 days after the passage or adoption thereof cause the same to be published or posted in accordance with the law. PASSED, APPROVED AND ADOPTED this _ day of ,1997. ATTESTED: Cindy Mortesen City Clerk (SEAL) APPROVED AS TO FORM: Mark D. Hensley City Attorney Sandra Jacobs, Mayor of the City of El Segundo, California p:\zoni ng \ea408 \ea4O8.ord 24 0 039 0 Q W d 6 6 D z N 22 ,RS ,X N oU o c = o O ?� city council Ordinance No. EXHIBIT A F . - Y Page 1 of 1 O W LAI z y �3 CL L J 0 U. v d n, d to a Q � N V Q' N J Q W d 6 6 U z N 22 (2 J F p � z N M p Ui a 0 040 City Council Ordinance No. EXHIBIT B LAND USE ELEMENT Proposed Land Use Plan Northwest Quadrant The northwest quadrant of the City has the most varied mix of uses within the City. All of the City's residential units, the Downtown area, the Civic Center, and the older industrial area of Smoky Hollow, are located in this quadrant. The 1992 Plan retains the three residential designations found on the old Plan: single - family, two - family, and multi - family, plus a new designation of Planned Residential Development. The Plan shows 357.2 acres of single - family, 57.4 acres of two - family, 119.4 acres of multi - family and 5.7 acres of planned residential development. This includes the re- designation of Imperial Avenue School, which is no longer used for educational purposes, from public facility to planned residential development. The total number of dwelling units projected by the Plan is 7,674. One of the major goals of the 1992 Plan is to preserve the residential neighborhoods. The Smoky Hollow area, which houses many of the City's older industrial uses, has been designated Smoky Hollow Mixed -Use, in recognition of the existing Smoky Hollow Specific Plan. The Specific Plan allows a combination of industrial, retail, office, and residential uses. The Smoky Hollow area is approximately 92.2 acres. The 30.8 -acre Downtown area is designated as Downtown Commercial, where existing uses are already of a community- serving nature. There are also 7.1 acres designated for Neighborhood Commercial uses along Grand and Imperial Avenues and at Mariposa and Center Streets. These have been designated only where there are existing neighborhood - serving commercial uses. The public schools, private schools, Civic Center, Library, and other public uses are all shown as Public Facilities. In addition, each of the existing public parks are designated as such. The open space areas under utility transmission corridors and the preserve for the Blue Butterfly are designated as Open Space. The areas designated for parking on the Plan include public- and privately -owned lots which are necessary to serve existing businesses and the Downtown area. The southwest corner of Sepulveda Boulevard and Imperial Avenue is designated Corporate Office (17.8 ac) allowing a mix of office uses, similar to what exists there now, with retail in the lobby. There are General Commercial uses indicated along Sepulveda Boulevard, where there are existing commercial uses including the Hacienda Hotel. There is also one General Commercial area along Imperial Avenue, where the Crown Sterling Suites Hotel now exists. General Plan • Land Use Element Pages 3 -8, 3 -9 p: zoni ng \ea- 408 \exhibits \thrifty \exh -b.cc Page 1 of 1 0 041 City Council Ordinance No. EXHIBIT C 1992 General Plan Summary of Existing Trends Buildout Land Use Category Acres Dwelling Units Square Footage Single - Family Residential 357.2 2,858 - -- Two- Family Residential 57.4 934 - -- Planned Residential 5.7 65 - -- Multi- Family Residential 119.3 3,379 - -- Neighborhood Commercial 7.1 85 100,000 Downtown Commercial 31.2 96 1,237,000 General Commercial 44.3 - -- 1,930,000 Corporate Office 211.2 - -- 12,351,000 Smoky Hollow 94.1 268 2,019,454 Urban Mixed -Use North 279.0 - -- 15,799,212 Urban Mixed -Use South 70.6 - -- 3,997,936 Parking 15.8 - -- - -- Light Industrial 356.1 - -- 18,529,000 Heavy Industrial 1,086.8 - -- - -- Public Facilities 91.7 - -- - -- Federal Government 90.6 - -- --- Open Space 83.7 - -- °' Parks 50.0 - -- - -- Street & Railroad R.O.W. 442.6 - -- --- Totals' 3,494.4 7,685 55,963,602 Population Projection 17,291 Existing construction such as the market, and recently constructed, renovated commercial centers and legal nonconforming residential uses at densities that are currently higher than allowed by the land use designations in this plan will not realistically be converted to mixed commercial /residential uses and these buildings are expected to remain for the life of the Plan. The heavy industrial land use category shown on this plan Includes the Chevron Refinery, Southern California Edison Generation Station, Air Products, and Allied Chemical facilities. These facilities have processing equipment and tanks rather than buildings and are expected to remain for the life of the Plan. Therefore, no estimated building square footage is shown. Source: City of El Segundo Planning Department and The Lightfoot Planning Group Amendments: Ord. 1209, GPA 93 -1, 11/2/93; Ord. 1244, GPA 95 -1, 2/6/96; Ord. 1272, GPA 97 -1, 6/17/97; Ord. . GPA 97 -2. 9/16/97 CITY OF EL SEGUNDO * GENERAL PLAN 1992 General Plan gxht 4 Summary of Existing Trends Buildout Lu -3 Page 1 of 1 City Council Ordinance No. EXHIBIT D HOUSING ELEMENT Summary of Existing Conditions Report Demand for Housing The 1990 Census identified the City of El Segundo population to be 15,223. El Segundo's residents are predominately white (85 percent) with the largest portion of the population in the 35 to 64 -year age bracket (38 percent). El Segundo's estimated median age is 33. Family households are still a majority in El Segundo (56 percent) as opposed to single or unrelated households, although trends indicate a reversal in family households as a majority. Only 3.8 percent of the households were considered overcrowded, largely due to the number of housing units with three, four, five, or more rooms (89 percent). The City of El Segundo was estimated to have 77,533 jobs in 1987, according to the report prepared by Donnelly Marketing. The majority of these jobs were identified to be in the manufacturing industry (59.54 percent), which includes the large number of aerospace - related jobs. The 1990 Census counted 7,190 housing units within El Segundo. In comparing jobs to housing, the demand for housing generated by the 77,533 jobs has escalated housing prices in the City which has affected the median income in El Segundo (in 1989, estimated to be $43,975 according to National Decision Systems). The 1988 SCAG Regional Housing Needs Assessment identified 6,795 existing households in the City of El Segundo, of which 25.8 percent were considered low income or earning less than 80 percent of the Los Angeles County median income. In the 1980's the population for El Segundo increased by 10.7 percent, illustrating a reversal of the 1970's trend during which the population fell by 12 percent. SCAG has forecasted that the population will increase by 0.96 percent annually through the year 2010. This SCAG forecast would bring the City population to approximately 18,160 persons, thus requiring 8,540 dwelling units by the year 2010. To accommodate this need, the City would have to add an additional 1,350 units over the next 19 years to the existing housing stock. Based on the City's 1992 Land Use Element, it has been calculated that the City would reach residential build out at 7,674 units. This figure includes vacant residential land and underdeveloped land (property with less than 50 percent of its allowable density), which creates a net increase of 484 units. Under the 1985 General Plan, buildout was calculated at 7,735 units. As required by State guidelines, other sites that may be suitable for residential development have been identified. The El Segundo Planning Department conducted a survey of vacant, Page 1 of 2 0 043 City Council Ordinance No. EXHIBIT D underdeveloped, and recyclable land within the City. This survey, indicated in Exhibit H -1, illustrates acreage and land use designations of the properties. In January 1990, the El Segundo Air Force Base was scheduled for closure due to the lack of affordable housing for military personnel in the South Bay region. Previously, the Air Force was considering El Segundo as an option for the location of 250 townhouse -style units. However, recently the Air Force has been negotiating instead to build new housing in San Pedro at the Fort McArthur military site. The City Council has supported the concept of subsidizing market rents, through a Joint Powers Association (JPA), for military personnel employed at the Air Force Base in El Segundo until housing can be built to accommodate them. The 1988 Smoky Hollow Specific Plan identified 13.02 acres as suitable for medium density residential. This site is currently occupied by existing light industrial uses. One residential project known as Grand Tropez has been developed providing 88 units. The remaining available 9.4 acres, which could be developed for residential, would provide 169 units based on the General Plan density. Existing infrastructure which serves the existing light industrial uses within the Smoky Hollow Specific Plan area would be adequate to serve residential uses. Based on the 1992 Land Use Element for the City of El Segundo, it is not feasible for the City to obtain its SCAG 2010 projection of 1,350 additional units over the next 19 years. Buildout has been identified at the addition of 484 units to a total buildout of 7,674 units. It can be estimated, based on the Planning Department log book, that applications for 302 units were submitted or approved from January 1989 through February of 1991. Based upon construction/demolition estimates for those two years, it can be estimated that a net increase in housing of 25 to 60 units can be expected annually for the next two years. Based on historical trends, which indicate the City typically adds an estimated 40 units a year to its housing stock, the City would reach its buildout of 7, 674 units in the year 2005. The current growth rate and the limited number of units available under the 1992 Land Use Element buildout calculation illustrates that it is not reasonable or obtainable to reach the SCAG 1988 Regional Housing Needs Assessment (RHNA) projection of 1,148 additional units by 1994. General Plan • Housing Element Pages 5 -3, 5 -4, 5 -6 p: zo n i ng \ea- 408 \exhibits \th rifty \exh -d.cc Page 2 of 2 0 044 City Council Ordinance No. EXHIBIT E ■ I wv ti w snldAivom - - ------ -- Page 1 of 1 0 CL M 0 WN co U- 6 as N U) Z cl) Ix C4 C? uj 6 6 0 0 6 m m 0 0110111 Rj 0 045 Z - C,4 ce) o Uj w City Council Ordinance No. EXHIBIT F Land Use Element Policy LU7 -1.8 The City shall establish policies and procedures for watershed and storm water management. General Plan • Land Use Element Pages 3 -29 Conservation Element Policy CN1 -4 The City shall establish policies and procedures for watershed and storm water management. General Plan • Conservation Element Pages 7 -5 p: zoni ng \ea- 408 \exhibits \storm- w \exh -f.cc Page 1 of 1 City Council Ordinance No. EXHIBIT G Land Use Element Policy LU1 -5.9 Develop standards to address the potential impacts of drive -thru restaurants on residential uses. General Plan • Land Use Element Page 3 -21 Page 1 of 1 p:\zoning \ea40B \exhibits \drive- th\drive.cc EL SE5?NDO CITY COUNCIL AGENDA ITEM STATEMENT MEETING DATE: September 16, 1997 AGENDA HEADING: Special Orders of Business AGENDA DESCRIPTION: Ordinance to incorporate hazardous waste source reduction into the Fire Department's hazardous materials regulatory programs. RECOMMENDED COUNCIL ACTION: 1. Introduce Ordinance. 2. Schedule second reading and adoption of Ordinance for October 7, 1997. INTRODUCTION AND BACKGROUND: The El Segundo City Council authorized the Fire Department to assume hazardous materials and waste responsibilities from Los Angeles County as a Certified Unified Program Agency (CUPA) on February 4, 1997, and adopted Ordinance 1264 to implement these various environmental programs, effective July 1, 1997. The El Segundo Fire Department is authorized by the State to regulate the generation of hazardous waste and is encouraged, through regulation, to adopt programs to reduce the quantity of hazardous wastes generated. The draft ordinance provides an annual incentive to all businesses that reduce their hazardous waste generation at least five percent (5 %) each year through a five percent (5 %) reduction in hazardous waste fees. These reductions must annually be at least five percent (5 %) below 1997 hazardous waste generation levels. Scaled incentives for further reductions are not recommended by the State at this time. Based on the fees currently collected by the Los Angeles County Fire Department, it is anticipated the cost withheld from the City would be approximately three thousand dollars ($3,000). The City's adoption of specific fees will be presented to Council at a later date. Local businesses will benefit from this program for the following reasons: • Businesses can potentially pay less hazardous waste fees than within the County. • Large businesses already have to reduce wastes pursuant to California Health & Safety Codes. • The reduction of waste improves business performance and environmental quality. DISCUSSION: The attached draft Ordinance authorizes the City of El Segundo Fire Department to regulate hazardous wastes and assess fees for implementing the program. Approximately ninety (90) businesses generate hazardous wastes and are inspected every three years for compliance with State and Federal requirements. Language to promote the reduction of hazardous waste is incorporated in the ordinance by providing a five percent (5 %) reduction in fees for at least a five percent (5 %) reduction in hazardous waste generated. This program provides an economic benefit to businesses reducing hazardous waste and improves overall environmental quality through reduced waste generation. ATTACHED SUPPORTING DOCUMENTS: 1. Draft Ordinance 2. Copy of Agency Approval 3. Copy of Relevant State Regulations FISCAL IMPACT: (Check one) Operating Budget:__ Capital Improv. Budget:_.. Amount Requested:_ Project/Account Budget: —_. Project/Account Balance: _ _ Date:__ Account Number: Project Phase:__ —_ Appropriation Required - Yes Nom__ nRlr,[NO.TFn- Date: BY: TAKEN: Date: % - �- '17 q -�0- , 7 4 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, ESTABLISHING A HAZARDOUS WASTE REGULATORY PROGRAM, INCORPORATING SOURCE REDUCTION MEASURES. WHEREAS, the Congress of the United States (hereinafter "Congress's has determined that the United States of American annually produces millions of tons of pollution and spends tens of billions of dollars per year controlling this pollution. WHEREAS, Congress, in 1990, established the Pollution Prevention Act, to reduce or prevent pollution at the source through cost - effective changes in production, operation, and raw material use, resulting in substantial savings in reduced raw material, pollution control and liability costs, as well as help protect the environment and reduce risks to worker health and safety. WHEREAS, The City of El Segundo (hereinafter "City "), along with other municipalities of Los Angeles County has elected to become a Certified Unified Program Agency (hereinafter "CUPA ") for the regulation of hazardous materials and waste. WHEREAS, the City, as a CUPA, is encouraged, through regulation, to incorporate hazardous waste source reduction and pollution prevention programs that shall, to the maximum extent practicable, reduce hazardous waste generation at the source, rather than focus upon treatment and disposal. WHEREAS, a five percent (5 %) reduction in hazardous waste permit fees imposed on businesses will be an incentive to develop and promote hazardous waste source reduction programs. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF EL SEGUNDO DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1: Chapter 6.23 entitled "Hazardous Waste Source Reduction Program" is hereby added to Title 6 of the El Segundo Municipal Code to read as follows: Chapter 6.23 HAZARDOUS WASTE SOURCE REDUCTION PROGRAM Section 6.23.010: TITLE This chapter shall be entitled "HAZARDOUS WASTE SOURCE REDUCTION PROGRAM" and shall be known as such throughout the code. Section 6.23.020: PURPOSE AND INTENT The purpose of this chapter is to protect public health and the environment and to promote the reduction of hazardous waste generation by: (A) Effectively regulating hazardous waste generators that generate waste for treatment or disposal off -site; and (B) Educating businesses on source reduction opportunities; and (C) Establishing incentives and disincentives to encourage hazardous waste source reduction. 0 r�q The intent of this Chapter is to enhance and protect the environmental quality of Los Angeles County in a matter that is consistent with the Pollution Prevention Act of 1990. Section 6.23.030: DEFINITIONS For the purpose of this Chapter, the following words shall have the meanings ascribed to them in this Section: (A) "Business" shall refer to any employer, self - employed individual, trust, firm, joint stock company, corporation, partnership, or association which routinely generates any amount of hazardous waste at a non - residential site located within the City. "Business" includes both a non -profit and profit- making business. (B) "Certified Unified Program Agency" or "CUPA" shall mean the City of El Segundo. (C) "Extremely Hazardous Waste" shall mean any hazardous waste or mixture of hazardous wastes which, if human exposure should occur, may likely result in death, disabling personal injury or serious illness caused by the hazardous waste or mixture of hazardous wastes because of its quantity, concentration or chemical characteristics. (D) "Generator" shall mean any person, by site, whose act or process produces a hazardous waste or whose act first causes a hazardous waste to become subject to regulation. (E) "Hazardous Waste" shall mean a hazardous waste as defined in California Code of Regulations, Title 22, Section 66261.3, as amended. (F) (1) "Source reduction" shall mean one of the following: (a) Any action which causes a net reduction in the generation of hazardous waste. (b) Any action taken before the hazardous waste is generated that results in a lessening of the properties which cause it to be classified as a hazardous waste. (2) "Source reduction" includes, but is not limited to, all of the following: (a) "Input change" which means a change in raw materials or feedstocks used in a production process or operation so as to reduce, avoid, or eliminate the generation of hazardous waste. (b) "Operational improvement" which means improved site management so as to reduce, avoid, or eliminate the generation of hazardous waste. (c) "Production process change" which means a change in a process, method, or technique which is used to produce a product or a desired result, including the return of materials or their components, for reuse within the existing processes or operations, so as to reduce, avoid, or eliminate the generation of hazardous waste. (d) "Production reformulation" which means changes in design, composition, or specifications of end products, including product substitution, so as to reduce, avoid, or eliminate the generation of hazardous waste. (G) "Source reduction assessment" shall mean a review conducted by the generator of the processes, operations, and procedures in use at a generator's site, according to the format established in California Health and Safety Code, Section 25244.16(a) and does both of the following: (1) Determines any alternatives to, or modifications of, the generator's processes, operations, and procedures that may be implemented to reduce the amount of hazardous waste generated. (2) Includes a plan to document and implement source reduction measures for hazardous wastes that are technically feasible and economically practicable for the generator, including a reasonable implementation schedule. fl �5� Section 6.23.040: HAZARDOUS WASTE GENERATOR AND ON -SITE TREATMENT PROGRAM Pursuant to the provisions of the California Health and Safety Code, Chapter 6.11, Division 20, and Chapter 6.5, commencing with Section 25100, supplemented by Division 4.5, Title 22 of the California Code of Regulations, the City of El Segundo assumes administrative and enforcement responsibility for the implementation of Title 22, Division 4.5, of the California Code of Regulations and Chapter 6.5 of the California Health and Safety Code. Section 6.23.050: PERMIT REQUIRED A permit from the El Segundo Fire Department is required to perform any or all of the activities as identified in Chapter 6.11 of Division 20 of the California Health and Safety Code. The permittee shall operate all activities in accordance with established permit conditions to the extent such conditions are identified in regulation, ordinance, or policy and as they apply to the permittee's operation. Section 6.23.060: PERMIT FEES Any person required by this Section to have a permit shall pay the established permit fee as it relates to the implementation of any and all CUPA elements. The CUPA elements shall include, but not be limited to those programs identified in Chapter 6.11, Division 20 of the California Health and Safety Code. The State - mandated surcharges shall be separate from the city permit fee. The permittee shall pay the amount as designated in the fee resolution, as may be amended by the Council from time to time. In addition to the remedies set forth in the California Health and Safety Code, further remedies, fees or restitution authorized by the El Segundo Municipal Code, not inconsistent with State law, shall apply to any violation of the State laws. Section 6.23.070: HAZARDOUS WASTE SOURCE REDUCTION Effective January 1, 1998, any business which routinely generates between 900 and 12,000 kilograms of hazardous waste per year or any amount of extremely hazardous waste shall develop a Source Reduction Assessment, similar to requirements in California Health and Safety Code, Chapter 6.5, Article 11.9. Section 6.23.080: HAZARDOUS WASTE SOURCE REDUCTION INCENTIVES Notwithstanding any other provision of Title 6 of the El Segundo Municipal Code, the amount of a hazardous waste permit fee imposed on any business by the said Title 6 of the El Segundo Municipal Code, commencing on the effective date of this ordinance, shall be reduced by five percent (5 %) for any business maintaining a Source Reduction Assessment and an annual reduction of hazardous waste generation of more than five percent (5 %) from 1997 levels, or prior year, based on a calendar year. SECTION 2: If any section, subsection, sentence, clause, or portion or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining section, subsections, sentences, clauses, portions or phrases of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each and every section, subsection, sentence, clause, portion or phrase not declared invalid or unconstitutional without regard to whether any other section, subsection, sentence, clause, portion or phrase of the Ordinance would be subsequently declared invalid or unconstitutional. SECTION 3: This Ordinance shall become effective thirty (30) days after its adoption. n 05' SECTION 4: The City Clerk shall certify to the passage and adoption of this Ordinance; shall cause the same to be entered in the book of original ordinances of said City; shall make a notice of the passage and adoption thereof in the records of the meeting at which the same in passed and adopted; and shall within fifteen (15) days after the passage and adoption thereof cause the same to be published or posted in accordance with the law. ATTESTED: Cindy Mortesen, City Clerk (SEAL) APPROVED AS TO FORM: ,Mark D. Hensley, City Attorney PASSED, APPROVED AND ADOPTED this 16th day of September, 1997. Sandra Jacobs, Mayor of the City of El Segundo, California haz- wst.ord CJ11 ***100 Cal/EPA California Environmental Protection Agency Mr. Jacob G. Nielson 555 Capitol Mall City of El Segundo Suite 525 314 Mission Street Sacramento, CA 95814 El Segundo, California 90245 (916) 445 -3846 (916) 445 -6401 FAX Dear Mr. Nielson: May, 30, 1997 ii \p N James M. Strock Secretary for Environmental Protection CERTIFIED MAIL Air Resources Your application to become a Certified Unified Program Agency Board (CUPA) has been reviewed in accordance with applicable laws. I am please Department to notify you that the City of El Segundo (City) is hereby certified by the of Pesticide Secretary for Environmental Protection (Secretary) as a CUPA. Regulation We have reviewed and approved the cooperating agencies agreement oofeToxic nt adopted by the City. Please note that all subsequent modifications to the Substances agreements must be mutually agreed upon by the California Environmental Control � Protection Agency (Cal/EPA) and all signatories to the agreement. Integrated Waste Based on your adoption of the cooperating agency agreement and Management Board evidence in the record, the Secretary has found that both of the following will occur as a result of this certification: (1) the Unified Program will be Office of implemented in a coordinated and consistent manner throughout the entire Environmental Health Hazard County of Los Angeles; and (2) the administration of the Unified Program Assessment throughout the entire County of Los Angeles will be less fragmented between jurisdictions, as compared to before January 1, 1994, with regard to the State water administration of the provisions specified in Health and Safety Code secti Resources on Control Board 25404(c). Regional This letter serves as the Secretary's final decision regarding your Water Quality Control Boards application. The date on which your authority as a CUPA will commence is July 1, 1997 (the effective date). On this date, the City will be responsible for administering the Unified Program within the jurisdiction specified in your application. Also on the effective date, the City will be the only local agency authorized to implement the six program elements of the Unified Program as Recycled Paper Mr. Jacob G. Nielson May 30, 1997 Page 2 defined in State law (Health and Safety Code Chapter 6.11, section 25404 et seq.) within the jurisdiction specified in your application. Thank you for your continued commitment to the protection of public health, safety, and the environment. Should you have any questions or need further assistance, please contact Mr. Val Siebal, Special Assistant to the Secretary, Cal/EpA, at (916) 324 -7584. Deputy Secretary cc: Dr. Richard Andrews, Director Governor's Office of Emergency Services 2800 Meadowview Road Sacramento, California 95832 Mr. Ronny J. Coleman, Director Office of State Fire Marshal California Department of Forestry and Fire Protection P.O. Box 944246 Sacramento, California 94244 -2460 Mr. Walt Pettit, Executive Director State Water Resources Control Board P.O. Box 944212 Sacramento, California 94244 -2120 0 051 IUS PROVISIONS HAZARDOUS WASTE CONTROL § 25244.1101 Div. 20 Ch. 6.5 lic Contract Code, awarded by the department each year pursuant to this section shall not ontract Code, but a exceed two hundred fifty thousand dollars ( ;250,000). all applicable state (c) In awarding grants to local governments pursuant to this section, the department shall give preference to local governments which offer matching 14, § 4.) funds to state grant funds. (d) It is the intent of the Legislature that funding for the grants provided f to this section shall be provided from funding for the Hazardous pursuant Waste Reduction, Recycling, and Treatment Research and Demonstration Act r thereafter, report of 1985. rsons of the Senate Ways and Means, (e) This section shall become inoperative on July 1, 1994, and, as of iittee on Economic 4I - January 1, 1995, is repealed, unless a later enacted statute, which becomes g, and results of all ~`" effective on or before January 1, 1995, deletes or extends the dates on which it becomes inoperative and is repealed. a and shall identify ��;:. (Added by Stats.1990, c. 1010 (A.B.4294), § 2.) ,es which can best 1, Repeal I demonstration of Section 25244.1101 is repealed by its own terms on Jan. 1, 1995. zologies. Article 11.9 1r_ HAZARDOUS WASTE SOURCE REDUCTION AND )grams; purposes; MANAGEMENT REVIEW ACT OF 1989 .is applications are Section As to local govern- 25244.12. Short title. iesses in the estab- a 25244.13. Legislative findings and intent. The grants shall 25244.14. Definitions. 25244.15. Establishment of program for hazardous waste source reduction; coordina- tion of activities of state agencies; regulations; application of article; Este streams in the establishment of exemption procedures. 25244.16. Adoption of format for use by generators; data and information system for x developing categories of generators. d industry groups, 25244.17. Technical and research assistance program; elements. rdous waste reduc- 25244.18. Categories of generators selected by SIC Code; generator's review and plan, material substi- plan summary, report, and report summary; enforcement requirements aw and actions; local agency request from generator. thods. 25244.19. Generator source reduction evaluation review and plan; summary; multi - available hazardous p p ary; review and certification b site review and plan and plan summary; y businesses through engineer, individual or environmental assessor; implementation or rejec- tion of measures by generator. 25244.20. Hazardous waste management performance report; report summary; con - tduction audits of tents and format; definitions; multisite report and report summary; review and certification by engineer, individual or environmental asses- ,n techniques and sor. 25244.21. Generator retention and maintenance of original and copy of current including the use review and plan, plan summary, report, and report summary; availabili- ty to inspector; violations; civil penalty; request for certification of t compliance; copies; trade secrets; public record. nt shall not exceed 25244.22. Annual report to governor and legislature. amount of grants 25244.23. 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'b L C E u x° C• O 0 y C G '>, b u -- �' E u w* A aai �� ° oo n' w� G E o c W E> d a°� o N E _.aca eh a� 0N0 oaL "A > 9v .c�vy cu 14 L, E go�i°oue O u G G pp E v3rZc>i�wG�O� �bo :Io maq..000nt �Lo a �° N ;� •° :� G a v ie c C o '5 'w �° :' ° u u° m N ..udu fl o a�msGyE., uo ••`Ea •6D VGi w ea u L m U n r6^ EL SEGUNDO CITY COUNCIL AGENDA ITEM STATEMENT MEETING DATE: September 16, 1997 AGENDA HEADING: Special Order of Business AGENDA DESCRIPTION: An Ordinance of the City Council of the City of El Segundo, California adding Sections 10.01.150 and 10.28.200 to the El Segundo Municipal Code relating to the definition of front yard and parking of vehicles in front yard areas. RECOMMENDED COUNCIL ACTION: 1) Discussion. 2) Reading of Ordinance by Title only. 3) Introduce Ordinance. 4) Schedule second reading and final adoption of Ordinance on October 7, 1997. INTRODUCTION AND BACKGROUND: The City Council at its August 5, 1997 meeting directed the City Attorney to prepare an ordinance prohibiting the parking of vehicles in front and side yards. The attached ordinance makes parking in front and side yards a civil penalty. This is consistent with other parking violations set forth in the Municipal Code. Currently the fine for a civil penalty is $30. DISCUSSION: ATTACHED SUPPORTING DOCUMENTS: FISCAL IMPACT: (Check one) Operating Budget: Capital Improv. Budget: Amount Requested: Project/Account Budget: Project/Account Balance: Date: Account Number: Project Phase: Appropriation Required - Yes_ No_ ORIGINATED: D uate: z)epiemoer u, i ww l Mar". Hensley, City Attorney =-N-eft,-G4y-k4an-ager Date: September 9, 1997 A TION TAKEN: castfrp.fm 0 063 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA ADDING SECTIONS TO AND AMENDING SECTIONS OF THE EL SEGUNDO MUNICIPAL CODE RELATING TO PARKING OF VEHICLES IN FRONT YARD AND SIDE YARD AREAS. THE CITY COUNCIL OF THE CITY OF EL SEGUNDO DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section 10.04.150 is hereby added to Chapter 10.04 of the El Segundo Municipal Code to read as follows: 1110.04.150 FRONT YARD "Front Yard" means a yard extending across the full width of the lot, the depth of which is that minimum horizontal distance between the front lot line and a line parallel to the front line of the permitted structures." SECTION 2. Section 10.04.160 is hereby added to Chapter 10.04 of the E1 Segundo Municipal Code to read as follows: 1110.04.160 SIDE YARD "Side Yard" means a yard extending from the rear of the required front yard to the front of the required rear yard, the depth of which is the minimum horizontal distance between the side lot line and a line parallel thereto." SECTION 3. Section 10.28.200 is hereby added to Chapter 10.28 of the E1 Segundo Municipal Code to read as follows: 1110.28.200 FRONT AND SIDE YARD PARKING No person shall park or leave standing any unattended vehicle upon a residential property's front yard or side with the exception of the driveway portion which is used exclusively for the vehicular passageway for the occupants of the property and their guests." SECTION 4. Section 1.12.035 is hereby amended to add the following: 1110.28.200 Front and Side Yard Parking." SECTION 5. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance, is for any reasons held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision LAX2:188595.1 shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional. SECTION 6. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published as required by law. PASSED, APPROVED, AND ADOPTED this day of 1997. Sandra Jacobs, Mayor of the City of El Segundo, California ATTESTED: Cindy Mortesen, City Clerk (SRAL) APPROVED AS TO FORM: �V Mark 4ensley, City Atto ney AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Cindy Mortesen, City Clerk (SEAL) -2- LAX2:188595.1 I 6 EL SEGUNDO CITY COUNCIL MEETING DATE: September 16, 1997 AGENDA ITEM STATEMENT AGENDA HEADING: Special Order of Business - Public Hearing AGENDA DESCRIPTION: Public Hearing on Environmental Assessment EA -401 and Precise Plan Amendment P.P. 96 -1 (Fourth Amendment to P.P. 12 -72) for 2041 Rosecrans Avenue and 831, 870, & 871 South Nash Street, related to the theaters and adjacent retail/office building. The request is to allow the following: 1) An amendment to Condition No. 15 of City Council Resolution No. 3917 related to the parking structure stairway at 870 South Nash Street; 2) An amendment to Condition No. 14 of City Council Resolution No. 3917 related to the parking structure stairway directional signage at 870 South Nash Street; 3) Revisions to the approved Traffic Circulation Plan; 4) The approval of a Precise Plan Amendment to allow outdoor dining that exceeds 200 square feet for the P.F. Chang's China Bistro and other future restaurants; ITEMS 5 THROUGH 7 THE APPLICANT REQUESTS TO BE CONTINUED FOR 30 DAYS 5) Amendment of the Precise Plan land uses to conform with the current code for the underlying zone: the "Urban Mixed -Use South (MU -S) Zone;" 6) Amendment of the Precise Plan development standards to conform with the current code for the underlying zone: the "Urban Mixed -Use South (MU -S) Zone;" and 7) Amendment of the Precise Plan to provide for minor modifications to the requirements of the Precise Plan by the Director of Planning and Building Safety. Applicant: Continental Development Corporation, Mr. Jerry Saunders. RECOMMENDED COUNCIL ACTION: 1) Open public hearing; 2) Council discussion; 3) Reading of Resolution by title only; 4) By motion, Adopt Resolution approving Items 1 -4 of the subject project; and, 5 Continue public hearing on Items 5 -7 until October 21, 1997. INTRODUCTION AND BACKGROUND: The Planning Division received the above referenced applications on August 15, 1997. The applications request City Council approval of Environmental Assessment -401 (EA -401) reaffirming the findings of the Mitigated Negative Declaration of environmental impacts for Environmental Assessment -350 (EA -350) and adopting amendments to Precise Plan 12 -72 (PP 12 -72) and Precise Plan 94 -1 (PP 94 -1); as approved by City Council Resolution No. 3917. The PP 96 -1 amendment is the fourth amendment to the original Precise Plan (PP 12 -72). The City Staff is processing this application under an expedited process at the request and expense of the project applicant (Continental Development Corporation). This process was requested to allow the applicant the opportunity to open the proposed P F Chang China Bistro restaurant prior to the holiday season this year. DISCUSSION: The Planning Commission will be reviewing the above request at the Planning Commission Meeting on Thursday, September 11, 1997. The Planning Commission Draft Minutes, approved Planning Commission Resolution No. 2400, Staff Report and attachments, and a summary of their discussions, concerns, and recommendations related to this request, will be transmitted under separate cover to the City Council on Friday, September 12, 1997. A complete project description and analysis of the proposed project will be included in the material to be transmitted to the City Council on Friday, Se tember 12, 1997. ATTACHED SUPPORTING DOCUMENTS: None FISCAL IMPACT: None ORIGINATED: Date: ctA Rr . R_ Bernard. Al . Director of Planning and Building Safety BY: Date: ePo I / W. Morrisc N TAKEN: p: \projects\ea4ui \ea4u1 .ais EL SEGUNDO CITY COUNCIL MEETING DATE: September 16, 1997 AGENDA ITEM STATEMENT AGENDA HEADING: Unfinished Business AGENDA DESCRIPTION: Approval of Agreements between the City and Edison Company concerning undergrounding of utility lines in connection with the Sepulveda Boulevard Widening Project. RECOMMENDED COUNCIL ACTION: Approve the Agreements and authorize the Mayor to execute them on behalf of the City. INTRODUCTION AND BACKGROUND: On September 2, 1997, the City Council approved agreements with Chevron USA and Allied Signal which provides for obtaining right -of -way necessary for the Sepulveda Boulevard Widening Project. In the report, staff provided Council with a brief history of the project and informed you that agreements with Edison for undergrounding of utilities would be placed on this agenda. DISCUSSION: Reimbursement Agreement The scope of the Sepulveda Boulevard Widening Project also includes undergrounding of the existing overhead distribution and transmission lines owned by the Southern California Edison Company (Edison) along both sides of the highway. (continued on next page.....) ATTACHED SUPPORTING DOCUMENTS: 1. Agreement for Replacement of Overhead with Underground Electrical Facilities. 2. Joint Use Agreement. 3. Edison undergrounding schedule. 4. Summary of City of El Segundo's cost obligations. FISCAL IMPACT: Operating Budget: Capital Improvement Budget: Amount Requested: Project/Account Budget: Project/Account Balance: Account Number. Project Phase: Appropriation Required: No Yes Approval of Agreements Date: Page 1 of 3 PW- SEPT16 -03 (Tuesday 9/9/97 3:00 PM) DISCUSSION: (continued) The cost of undergrounding the distribution lines has been fully funded through a grant of $1 million provided by the then Los Angeles County Supervisor Deane Dana. The total cost of undergrounding of the transmission lines is estimated to be $3,602,252. A credit totaling $1,166,663 is provided by Edison and Caltrans leaving an unfunded balance of $2,435,589 for which Edison is seeking reimbursement from the City. Edison has prepared the enclosed reimbursement agreement to recover this cost in two (2) phases: Phase I : $1,704,499 due upon execution of this agreement to cover design and construction costs for substructures and underground conduit installation. Phase II : $731,090 due in April 1998 upon completion of Phase I to cover Edison's costs for installing underground cables. Total Phases I and II = $2,435,589 The above noted costs are estimated costs and the final payment to Edison will be based on Edison's actual costs for the undergrounding project. As the enclosed summary of El Segundo's cost obligations indicates, funds are available from the MTA's first grant of $5 million to reimburse Edison for Phase I of the undergrounding costs. Staff has discussed the payment for Phase II with Edison with the request that Edison accept the payment from the MTA's second grant which will be available in fiscal year 1999 -2000. Edison has informed staff that it is not agreeable to this request. Staff has further discussed the Phase II payment schedule with the MTA staff which has informed staff that it will recommend to the MTA Board payment of the second grant in January 1999, six (6) months earlier than the currently scheduled date of July 1999. Since Edison's second payment of $731,090 is due in April 1998 and the earliest anticipated date of receipt of the MTA's second grant is January 1999, the City will have to front this amount for nine (9) months. If the MTA Board does not approve payment of the second grant until the beginning of fiscal year 1999 -2000 as currently scheduled, the City will have to front Edison's second payment for fifteen (15) months. The above discussion is summarized below: Due MTA Phase Amount Date Grant Status Phase 1 $1,704,499 At execution of Currently available Agreement Phase II $731,090 April 1998 Available in January 1999 or July 1999 Total $2,435,589 Page 2 of 3 0 00 PW- SEPT16 -03 (Tuesday 9/9/97 3:00 PM) DISCUSSION: (continued) Joint Use Agreement Edison's undergrounding work also requires relocation of existing electrical facilities outside the Sepulveda Boulevard right -of -way and within existing City rights -of -way of El Segundo Boulevard, Hughes Way and the Golf Course. Edison has prepared the enclosed Joint Use Agreement to provide for common use of these areas to install the relocated facilities. The Joint Use Agreement generally provides for the City to acknowledge Edison's right to occupy the City's rights -of -way and to agree to reimburse Edison if the City requires Edison to relocate the newly installed facilities in the future. The City Attorney has reviewed and approved as to form both the Reimbursement Agreement and the Joint Use Agreement. Page 3 of 3 0 C69 PW- SEPT16 -03 (Tuesday 9/9/97 3:00 PM) AGREEMENT FOR REPLACEMENT OF OVERHEAD WITH UNDERGROUND ELECTRICAL FACILITIES THIS AGREEMENT, made this day of 19 between SOUTHERN CALIFORNIA EDISON COMPANY, a California corporation, hereinafter called " EDISON" and The City of El Segundo, a California Municipal Corporation, hereinafter referred to as "CITY." WITNESSETH: WHEREAS, the CITY has requested EDISON to replace EDISON'S existing overhead 66 kV transmission lines and appurtenant facilities (hereinafter referred to as Facilities) with underground facilities to accommodate the development and widening of Sepulveda Boulevard; said Facilities to be placed underground in the median of Sepulveda Boulevard between Rosecrans Boulevard and Sepulveda Substation just south of Grand Avenue, in the City of El Segundo, County of Los Angeles, State of California, as shown on the maps dated March 8, 1996 under Work Order Number 4405 -4980 Drawing Number UGT44038 Sheets 1 through 10 as previously submitted; hereinafter referred to as Project Area; and WHEREAS, EDISON is the holder of certain easement(s) for its existing line(s) and appurtenant facilities; and WHEREAS, the CITY has requested EDISON to furnish and install at City's expense: tubular steel poles, footings, vaults and associated equipment, conduits, ducts, and to perform other work related to structures and substructures including breaking pavement, trenching, back filling, and re- paving required in connection with installation of the underground system; and WHEREAS, the CITY understands this relocation performed by EDISON will be 100 percent CITY'S expense as provided in this Agreement and shall be performed on the basis of EDISON'S Actual Cost. WHEREAS, EDISON is willing to accommodate City's requested relocation. EDISON'S relocation activities shall be completed in two phases. Phase I shall include: breaking pavement, trenching, back filling, and re- paving work required in connection with installation of the underground system. Phase I1 shall include: cable installation, utility cut over, and overhead pole removal. NOW, THEREFORE, it is mutually agreed by and between EDISON and the CITY as follows: CITY SHALL PAY FOR THE FOLLOWING: a) CITY shall pay to EDISON the estimated cost of furnishing and installing the underground structures and substructures, including breaking of pavement, trenching, back filling, and paving required in connection with installation of the eighteen 5 " -66 kV transmission underground ducts and vault structures. Additionally, City shall pay for installation by EDISON of three (3) specially designed steel poles at three designated termination locations of the 66 kV transmission underground system. There will be no credit for salvage. 2. TERMS OF CITY'S PAYMENT: CITY shall pay EDISON One Million Seven Hundred and Four Thousand, Four Hundred and Ninety Nine Dollars and 00/ 100 ($1,704,499.00) upon execution of this Agreement, which is the EDISON estimated cost for Phase I of this project; said costs having been determined by EDISON'S standard accounting practices and in accordance with CPUC Rule 20B. This payment shall herein after be referred to as the "Advance Payment ". 0 070 -1- Upon completion of Phase I, CITY shall pay EDISON Seven Hundred and Thirty One Thousand, Ninety Dollars and 00/ 100 ($731,090.00) for the estimated balance of the project cost to finalize Phase II; said payment of the estimated balance shall be referred to as the "Balance Payment "; said costs having been determined by EDISON'S standard accounting practices and in accordance with CPUC Rule 2013; Upon completion of all work by EDISON, CITY shall be presented with final accounting as determined by EDISON'S standard accounting practices and in accordance with CPUC Rule 20B procedures. Should the sum of EDISON'S costs and expenses exceed the estimated sums paid by CITY, CITY shall pay to EDISON the difference. Should the estimated sums paid by CITY to EDISON, exceed the sum of EDISON'S costs and expenses, EDISON shall refund to CITY the difference. CITY shall pay any money owed to EDISON within 90 days following CITY'S receipt of the final itemized statement. In the event the estimated costs exceed actual costs incurred, EDISON will refund CITY the difference within 90 days following delivery of the final itemized statement. 3. COST BREAKDOWN: a) Advance Payment (Phase I) The following breakdown of costs cover Phase I for this project. Design, Engineering, and Real Properties to Date $1,701,395.00 Material Contract 1,134,436.00 $2,871,162.00 Total Overhead Credit (650,000.00) Caltrans (516,663.00) Sub Total $1,704,499M. b) Balance Payment (Phase II) The following breakdown of costs cover Phase II of this project. Labor and Real Properties $ 484,361.00 Material 246.729.00 Total $731,090.00 Sub Total 00 $731,09M-0 4. RELOCATION OF FACILITIES: a) EDISON shall relocate and underground the Facilities within the Project Area in accordance with the Caltrans Notice To Owner No. 7 -9538 (Revised) dated August 28, 1996. b) EDISON'S obligation to begin Phase I work shall be contingent upon EDISON being paid the Advance Payment upon execution of this Agreement. C) EDISON'S obligation to finalize Phase II work for this project shall be contingent upon EDISON being paid the Balance Payment, upon completion of Phase I work. 0 071 -2- S. EDISON'S OBLIGATIONS: a) EDISON shall procure and install all materials, ducts and substructures, and provide all engineering and work related to the relocation of said Facilities. b) EDISON shall remove the overhead portion of the Facilities after the underground portion of the Facilities have been installed, energized, and placed into permanent service. c) Said underground Facilities shall be and shall remain the property of EDISON, which shall solely be responsible for their operation and maintenance. d) EDISON shall obtain, if and when appropriate, California Public Utility Commission Permits. e) EDISON shall, if when and necessary, secure any State Highway Agreements. 6. ADDITIONAL WORK: If EDISON is required to relocate any facilities other than as described herein, such additional work shall be performed on a completed cost basis at CITY'S sole expense. 7. SCHEDULE OF WORK: EDISON proposes to have the relocated the Facilities in operation in accordance with Caltrans' Notice to Owner No. 7 -9538 (Revised) dated August 28, 1996 contingent upon mutually acceptable schedules, the timely issuing of permits, licenses and other documents, outages or other key items and absent uncontrollable forces described in Item 10 herein. The completion date shall also be subject to EDISON obtaining a signed Agreement from CITY and City's payment of the funds as provided for herein. Edison anticipates one year will be needed to complete this project. 8. FACILITIES TO REMAIN PROPERTY OF EDISON: All Facilities and appurtenances installed by EDISON under this Agreement shall at all times be and remain the property and responsibility of EDISON. 9. INDEMNIFICATION CLAUSE: CITY agrees, for itself, and for its agents, contractors, and /or employees, to save harmless and indemnify EDISON, its officers, agents and employees, and its successors and assigns, from and against all claims, loss, damage, actions, causes of actions, expense and /or liability arising from or growing out of loss or damage to property, including EDISON'S own personal property, or injury to or death of persons, including employees of EDISON resulting in any manner whatsoever, directly or indirectly, by reason of this Agreement. City shall not be responsible for any liability resulting from gross negligence or willful misconduct by EDISON, its agent, contractors and /or employees. 10. DELAY DUE TO UNCONTROLLABLE FORCES: EDISON shall not be responsible for any delay in its performance hereunder, including, but not limited to, relocation of the Facilities and related work under this Agreement resulting from shortage of labor or materials, delivery delays, major equipment breakdown, load management problems, strikes, labor disturbances, war, riot, insurrection, civil disturbance, weather conditions, epidemic, quarantine restriction, sabotage, act of public enemy, earthquake, governmental rule, regulation or order, o 072 -3- including orders or judgments of any court or commission, requirement of additional or separate Environmental Impact Reports requested by the California Public Utilities Commission (CPUC), delay in receiving a Certificate of Public Convenience and Necessity from the CPUC, delay in obtaining necessary rights of way, act of God (or any other supreme being) or any other cause or conditions beyond the reasonable control of EDISON or CITY. 11. PERMITS, CODES AND STATUTES: EDISON'S relocation of the Facilities shall comply with the various applicable statutes, codes, regulations and ordinances and specifically in accordance with CPUC Rule 20B. 12. JURISDICTION OF PUBLIC UTILITIES COMMISSION: This Agreement shall at all times be subject to such changes or modifications as the California Public Utilities Commission may, from time to time, direct in the exercise of its jurisdiction pursuant to the authority conferred upon it by Law. 13. CHANGES: Any changes to this Agreement shall be made by written supplement hereto and shall be executed on behalf of EDISON by an appropriate representative, and on behalf of CITY in accordance with its proper procedures. 14. NOTICES: Any notices provided in this Agreement to be given by either party hereto to the other shall be deemed to have been duly given when made in writing and deposited in the United States mail, registered or certified and postage prepaid, addressed as follows: To EDISON: Manager, Real Estate Operations Real Properties and Administrative Services Southern California Edison Company 14803 Chestnut Street Westminster, CA 92683 To CITY: CITY Of El Segundo Attention: 350 Main Street El Segundo, CA 90245 15. TERMINATION: CITY shall have the right to terminate this Agreement on thirty (30) days prior written notice to EDISON without restriction. In the event of termination of this Agreement by CITY, EDISON shall be entitled to recover payment for all costs and expenses for material, services, labor, overhead, etc., incurred by EDISON to and including the date the notice of termination is received by EDISON and all costs and expenses required to effect the timely termination of this Agreement, including, but not limited to, all costs and expenses pertaining to the restoration or removal of EDISON'S Facilities, equipment and /or materials as well as cancellation of contracts, purchase orders, etc., between EDISON and all parties furnishing labor, materials and services made prior to the termination of this Agreement. 0 073 10 At the option of EDISON, all materials paid for by CITY and procured by EDISON to effect this Agreement may, upon termination, either be used by EDISON for other projects or be sold by EDISON as salvage. The net proceeds from the transfer of the materials to other EDISON projects or sale of the materials as salvage shall be deducted from the costs and expenses to be paid by CITY after deducting EDISON'S applicable administrative costs, material, transportation and conversion costs, taxes and other outlays or charges, associated with such a transfer or sale. Should the sum of EDISON'S costs and expenses exceed the sum of the amounts paid by CITY, CITY shall pay to EDISON the difference between said sums upon submission of a final invoice within 90 days 'of termination. Should the sum of the amounts paid by CITY to EDISON exceed the sum of EDISON'S costs and expense, EDISON shall refund to CITY the difference between said sums upon submission of a final invoice within 90 days of termination. If CITY is in default of any of the terms, provisions, conditions, limitations and covenants of this Agreement, EDISON may give CITY written notice of default. If within thirty (30) days of receipt of such notice CITY does not cure such default, EDISON has the right, if it so desires, to terminate this Agreement upon thirty (30) days prior written notice to CITY. Except as otherwise provided, should such right of termination by EDISON be exercised, EDISON shall be entitled to recover payment for all costs and expenses for materials, services, labor, overhead, etc., incurred by EDISON to and including the date of termination and all costs and expenses required to effect the timely termination of this Agreement, including but not limited to all costs and expenses pertaining to the restoration or removal of EDISON'S Facilities, equipment and /or materials as well as cancellation of contracts, purchase orders, etc., between EDISON and all parties furnishing materials and services, made prior to the termination of this Agreement. 16. GOVERNING LAW: This Agreement shall be subject to and constructed according to the law of the State of California. 17. COMPLETE AGREEMENT: This Agreement contains the entire agreement and understanding between EDISON and CITY as to the subject matter of this Agreement and merges and supersedes all prior agreements, commitments, representations, and discussions between EDISON and CITY. Any agreement between persons employed by EDISON and CITY which is not incorporated into this Agreement or by an amendment hereto shall not be a contractual provision of this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. SOUTHERN CALIFORNIA EDISON COMPANY BLB:RP File No. R92WO54 -4 -44 -5- 0 Mark Meizner, Manager Real Estate Operations Real Properties and Administrative Services CITY OF EL SEGUNDO TA Title 0 074 WHEN RECORDED MAIL TO Southern California Edison Company Real Properties and Administrative Services 14803 Chestnut Street Westminster, CA 92683 E THIS LINE FOR RECORDER'S USE JOINT USE AGREEMENT Location: A.P.N. 4138 -014 City of El Segundo THIS AGREEMENT, made and entered into this _ day of , 19_, by and between SOUTHERN CALIFORNIA EDISON COMPANY, a corporation, hereinafter called "COMPANY ", and the CITY OF EL SEGUNDO, a municipal corporation of the State of California, hereinafter called "CITY ", WITNESSETH: THAT WHEREAS, CITY has requested Edison to replace Edison's existing overhead 66kV transmission lines, distribution lines, and telecommunication lines and appurtenant facilities (hereinafter referred to as Facilities) with underground Facilities to accommodate Ordinance Resolution #3945 being the Notice of Boundary for Underground District #4. COMPANY is the owner in possession of certain rights of way for electrical facilities by virtue of a Franchise Agreement filed as Ordinance #327. This Joint Use Agreement covers those facilities located within CITY'S franchise and private property areas. Said Facilities within CITY boundary to be placed as approved and shown on the attached Exhibit "A" map. WHEREAS, CITY has acquired easement rights for street and highway purposes for the construction and /or improvement of said Underground District in said CITY, County of Los Angeles, State of California, hereinafter referred to as "highway right of way ", as shown on the print attached hereto, marked "Exhibit A" and hereby made a part hereof; and WHEREAS, COMPANY'S facilities as now installed and located on said CITY street right of way will interfere with or obstruct the construction, reconstruction, maintenance or use of said street or highway, and CITY desires to eliminate such interference or obstruction; NOW THEREFORE, in consideration of the premises and the mutual covenants herein contained, COMPANY and CITY do hereby agree as follows: The location of COMPANY'S right of way insofar as it now lies within the said CITY, be, and it hereby is, changed to the strips of land within said CITY right of way, hereinafter referred to as "new location ", and shown and designated as "area in Joint Use Agreement" on said print marked Exhibit "A ". COMPANY agrees to comply with the Rule 20B overhead to underground conversion to rearrange, relocate and reconstruct within said new location, any of its facilities heretofore or now installed within said highway right of way. COMPANY hereby consents to the construction, reconstruction, maintenance or use by CITY of a street or highway over, along and upon COMPANY'S easements, both in the old location and in the new location within said highway right of way, upon and subject to the terms and conditions herein contained. 0 075 JOINT USE AGREEMENT Page 2 CITY acknowledges COMPANY'S rights in the mutually agreed new location. COMPANY reserves the right of way use, in common with the public's use of said street or highway at said new location for all of the purposes for which COMPANY'S right of way was acquired, without need for any further permit or permission from CITY. Except in emergencies, COMPANY shall give reasonable notice to CITY before performing any work on COMPANY'S facilities in said new location where such work will obstruct traffic. In all cases, COMPANY shall exercise due care for the protection of the traveling public. In the event that the future use of said highway right of way shall at any time or times necessitate a rearrangement, relocation, reconstruction or removal of any of COMPANY'S facilities then existing in said new location, and CITY shall notify COMPANY in writing of such necessity and agree to reimburse COMPANY on demand for its costs incurred in complying with such notice, COMPANY will provide CITY with plans of its proposed rearrangement and an estimate of the cost thereof, and upon approval of such plans and cost estimate by CITY, COMPANY will promptly proceed to effect such rearrangement, relocation, reconstruction or removal. COMPANY shall exercise due care for the protection of the traveling public. No further permit or permission from CITY for such rearrangement, relocation or reconstruction shall be required except for detour plans and CITY will (1) enter into a Joint Use Agreement on mutually acceptable terms and conditions as are herein set forth covering any such subsequent relocation of COMPANY'S facilities within said highway rights of way, (2) provide executed document(s) granting to COMPANY a good and sufficient easement or easements over private property if necessary to replace the new location or any part thereof, and (3) reimburse COMPANY for any costs approved by CITY which COMPANY may be required to expend to acquire such easement or easements, provided it is mutually agreed in writing that COMPANY shall acquire such easement or easements. CITY agrees to reimburse COMPANY for any loss COMPANY may suffer because of any lack of or defect in CITY'S title to said new location or any subsequent location within said highway right of way, or in the title to any easement provided by CITY over private property, to which COMPANY relocates its facilities pursuant to the provisions hereof, and CITY agrees that if COMPANY is ever required to relocate its facilities because of any such lack of or defect in title, CITY shall reimburse COMPANY for the cost of relocating its facilities because of any such lack or defect in title, CITY shall reimburse COMPANY for the cost of relocating its facilities and any other reasonable costs arising therefrom, such as, but not limited to, costs to acquire any right of way required for such relocation. CITY shall not reimburse COMPANY for any loss caused by COMPANY'S own fault or negligence. Both CITY and COMPANY shall use said new location in such a manner as not to interfere unduly with the rights of the other. Nothing herein contained shall be construed as a release or waiver of any claim for compensation or damages which COMPANY or CITY may now have or may hereafter acquire resulting from the construction of additional facilities or the alteration of existing facilities by either CITY or COMPANY in such a manner as to cause an unreasonable interference with the use of said new location by the other party. CITY agrees that COMPANY'S facilities shall not be damaged by reason of the construction, reconstruction or maintenance of said street or highway, by the CITY or its contractors, and that, if necessary, CITY will protect COMPANY'S facilities against any such damage, at CITY'S expense. COMPANY shall have the right to trim any tree or trees which may grow in said new location in said highway right of way, and which in the opinion of COMPANY may endanger or interfere with the proper operation or maintenance of COMPANY'S facilities, to the extent necessary to prevent any such interference or danger. Such trimming shall be in accordance with International Society of Arborculture standards. This agreement shall inure to the benefit of and be binding upon the COMPANY and the CITY and their respective successors and assigns. 0 070 JOINT USE AGREEMENT Page 3 IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed in duplicate by their respective officers thereunto duly authorized, as of the day and year herein first above written. APPROVED AS TO FORM: ,City Attorney I:A Dated SOUTHERN CALIFORNIA EDISON COMPANY, a corporation Mark Meizner Regional Manager Real Estate Operations Division Real Properties and Administrative Services CITY OF El SEGUNDO, a Municipal Corporation Title Attest: CITY Clerk, El Segundo 0 077 JOINT USE AGREEMENT STATE OF CALIFORNIA COUNTY OF ) ss. Page 4 On before me, , personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that (he /she) executed the same in (his /her) authorized capacity and that by (his /her) signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Signature STATE OF CALIFORNIA ss. COUNTY OF On before me, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that (he /she /they) executed the same in (his /her /their) authorized capacity and that by (his /her /their) signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Signature 0 0.78 O Z O > tt V) M STA. 10 J Ld STA. 8 +00 16'X24' AREA s STA. 55 +23 4'X22' AREA 0 100 200 400 SCALE IN FEET MATCH LINE 2, SEE 1 t • I I I : !g: t`. n J Ill STA 40 +38 -® 10'X12' AREA El N MATCH LINE 1, SEE 2 in Q?e t N N WAY LEGEND HUGHES T/L R/W 8' WIDE JOINT USE AGREEMENT BETWEEN STA 10+00 SOUTHERN CALIFORNIA EDISON CO. AND THE CITY OF EL SEGUNDO. ......... t — — — D/L R/W 4' WIDE JOINT USE AGREEMENT BETWEEN o 7 SOUTHERN CALIFORNIA EDISON CO. AND THE CITY OF EL SEGUNDO. ® AREA IN JOINT USE AGREEMENT BETWEEN SOUTHERN CALIFORNIA EDISON CO. AND THE CITY OF EL SEGUNDO. • . . EXISTING R/W SHEET 1 OF 1 File NaMei JUAESSEP.DWG Lv � J p w 0 a 0: LLI a V) N MATCH LINE 1, SEE 2 in Q?e t N N WAY LEGEND HUGHES T/L R/W 8' WIDE JOINT USE AGREEMENT BETWEEN STA 10+00 SOUTHERN CALIFORNIA EDISON CO. AND THE CITY OF EL SEGUNDO. ......... t — — — D/L R/W 4' WIDE JOINT USE AGREEMENT BETWEEN o 7 SOUTHERN CALIFORNIA EDISON CO. AND THE CITY OF EL SEGUNDO. ® AREA IN JOINT USE AGREEMENT BETWEEN SOUTHERN CALIFORNIA EDISON CO. AND THE CITY OF EL SEGUNDO. • . . EXISTING R/W SHEET 1 OF 1 File NaMei JUAESSEP.DWG EDISON CONSTRUCTION SCHEDULE SEPULVEDA BOULEVARD-CITY OF EL SEGUNDO SEPTEMBER 3,1997 To date, Edison has received Caltrans' plans, completed and submitted its work orders, and rooeived its permit to begin work. Please note, the permits may require riders as the time frames for the project have realigned. The following constitutes the remaining proposed schedule for this project ule Begin Structure Installation October 15, 1997 (provided all R/W is secured) Complete Substructure Work March 15,1998 Install Underground Cables, Etc. April 15, 1998 Complete Underground Installation September 30, 1998 Begin Overhead Removal October 1, 1998 Complete Overhead Removal January 1, 1999 posed Distribution October 15. 1997 Begin Structure Installation (provided all R/W is secured) Complete Substructure Work January 25, 1998 January 30, 1998 Install Underground Cables, Etc. Complete Underground Installation March 30, 1998 Begin Overhead Removal April 1. 1998 May 1. 1999 Complete Overhead Removal All the above dates are proposed target dates. None of the above information is possible without the right of way, ate, and payment issues being secured- BLB/SCE * First payment to Edison of $1,704,499 due on or before this date. ** Second payment to Edison of $731,090 due on or before this date. j SEPULVEDA BOULEVARD WIDENING PROJECT City of El Segundo's Cost Obligations A. Funding Plan for Fiscal Year 1997 -98 (1) Estimated Expenditures: a) City Share of Roadway /Signal Work b) Relocate County Water Injection Wells C) Relocate Chevron Facilities d) Relocate Allied Signal Facilities e) City's share of SCE Undergrounding Costs (Payment 1) f) City's 16" Water Main g) City's share of SCE Highway Lighting Costs h) Radian Soil Sampling /Environmental Report i) City Property Remediation Date: July 15, 1997 Total Estimated Expenditures (2) Proposed Funding: a) MTA Grant I (currently available) b) City Water Funds (Allocated in the adopted 1996 -97 CIP) C) City Gas Tax (Allocated in the adopted 1996 -97 CIP) Total Proposed Funding B. Funding Plan for Fiscal Year 1999 -2000 (1) Estimated Expenditures: (a) City's Share of SCE Undergrounding Costs (Payment 11) (b) Median Island Landscaping (2) Proposed Funding: (a) MTA Grant II (available in FY 1999 -2000) Total Estimated Expenditures Total Proposed Funding $ 282,487 1,400,000 1,100, 000 400,000 1,704,499 305,000 50,000 90,000 223,000 $5,554,986 $5,000,000 305,000 320,000 $5,625,000 $ 731,090 415.000 $1,146,090 $1,500,000 $1,500,000 Proposed Identified Summary Fundina Costs FY 1997 -1998 $5,625,000 $5,554,986 FY 1999 -2000 $1,500,000 $1,146,090 Total $7,125,000 $6,701,076 U 081 Note: Proposed funding is $423,924 more (in the City's favor) than currently identified costs. This amount should be reserved to cover any unforeseen expenditures. N APROJ ECTS\.S E P- BLVD.CST EL SEGUNDO CITY COUNCIL MEETING DATE: September 16, 1997 AGENDA ITEM STATEMENT AGENDA HEADING: Unfinished Business AGENDA DESCRIPTION: Award contract with Eden Systems, Inc. Of Yakima, Washington for Core Financial Information Systems at a cost not to exceed $360,000. RECOMMENDED COUNCIL AC'T'ION: Award contract and authorize Mayor to execute agreement. INTRODUCTION AND BACKGROUND: On August 5, 1997 Council directed staff to negotiate a contract with Eden Systems, Inc. of Yakima, Washington for Core Financial Information Systems with performance milestones and a no -cost migration to NT from UNIX. Based upon the Eden proposal the cost of hardware and software were approved at a cost not to exceed $360,000. Attached is the negotiated contract which has been reviewed by the City Attorney and Dennis Vlasich of Kerry Consulting Group. Staff recommends approval of the contract as submitted. DISCUSSION: ATTACHED SUPPORTING DOCUMENTS: Contract Agreement with Eden Systems Inc ( To be supplied under a separate cover ) FISCAL IMPACT: (Check one) Operating Budget: Capital Improv. Budget:Yes FY 96 -97 Project Budget Amount Requested: $350,000 Project/Account Budget:$650,000 Project/Account Balance: $300,000 Account Number:301- 400 - 8201 -8399 Project Phase:City -wide MIS Core Financial Systems Appropriation Re uired - Yes No-2L— ORIGINATED: Date: E ce Kramer, Finance Director WED BY: Date: 7Wes —.Morrison, son, , Cit Manager AVnON TAKEN: 0 EL SEGUNDO CITY COUNCIL MEETING DATE: September 16, 1997 AGENDA ITEM STATEMENT AGENDA HEADING: Unfinished Business AGENDA DESCRIPTION: Approve agreement Anixter, Inc. under the California Multiple Awards Schedule (CMAS) cooperative agreement for hardware, cabling, diagnostic tools and installation of a City Hall network connected to outlying facilities at a cost not to exceed $145,000. RECOMMENDED COUNCIL ACTION: Approve agreement and authorize staff to execute a Purchase Order. INTRODUCTION AND BACKGROUND: On August 5, 1997 Council directed staff to negotiate with Anixter, Inc. under the California Multiple Awards Schedule (CMAS) cooperative agreement for hardware, cabling, diagnostic tools and installation of a City Hall network connected to outlying facilities at a cost not to exceed $145,000. Attached is the negotiated agreement regarding scope of work and deliverables which has been reviewed by the City Attorney and Dennis Vlasich of Kerry Consulting Group. This acquisition will create the basic network which will be capable of interfacing and expansion in subsequent technology initiatives, including Internet access. Staff recommends approval of the contract as submitted. DISCUSSION: ATTACHED SUPPORTING DOCUMENTS: Proposal from Anixter Inc. CMAS Agreement including City Attorney's insurance language FISCAL IMPACT: (Check one) Operating Budget: Capital Improv. Budget:Yes FY96 -97 Project BudgetAmount Requested: $145,000 Project /Account Budget:$650,000 Project /Account Balance: $155,000 Account Number: 301- 400 - 8201 -8399 Project Phase:City -wide MIS Core Financial Systems Appropriation Re uired - Yes_ No X ORIGINATED: Date: L 91 ?19 -7 EuniceAraTer, Finance Director RE rWMorrison, D BY: Date: A as City Manager ACTION TAKEN: fl (l�I Anixter Network Services CITY OF EL SEGUNDO SCOPE OF WORK A1%1xfF0;k Network Services SCOPE OF WORK for CITY OF EL SEGUNDO Presented by: Anixter Network Services Steve Wells, Systems Engineer Chris Barwick, Account Manager Revision B September 8, 1997 Network Services 1 Scope of Work.doc n Poo NETWORK HARDWARE /SOFTWARE INSTALLATION Overview This proposal describes the work to be performed by Anixter during the installation of one or more switches and hubs, for information regarding the Structured Cabling Solution please refer to the Scope of Work from PCC at the end of this document. It covers the assumptions underlying this agreement, the responsibilities of Anixter personnel, the responsibilities of City of El Segundo, and the completion criteria. The equipment and software will be installed by Anixter will be 3COM SuperStack Desktop Switches, 3COM, SuperStack Switch 3000s, and a 3COM LANPlex 2500. Additionally, Ascend Pipeline 50 and Pipeline 130 Routers and an Ascend Max 4000 Remote Access Device also acting as a Firewall and a Proxy Server. Design Summary Anixter has proposed a layered switching and routing environment utilizing new 3COM and Ascend products. The following components shall be utilized in the implementation of the network: • 3COM LANPlex 2500 • 3COM SuperStack II Desktop Switches • 3COM SuperStack II Switch 3000s • Ascend Pipeline 50 routers • Ascend Pipeline 130 routers • Ascend Max 4002 Remote Access Server with Secure Access Firewall Location Device Description Quantity City Hall SS3000 Switch 1 City Hall LANPlex 2500 1 City Hall Desktop Switch 3 Police Department MAX 4000 1 Police Department SS3000 Switch 1 Police Department Desktop Switch 3 Basement Desktop Switch 1 Library Pipeline 130 1 Fire Station #2 Pipeline 50 1 City Yard Pipeline 50 1 0 085 Anixter Network Services CITY OF EL SEGUNDO SCOPE OF WORK The main concentration points of the network will be in City Hall and the Police Department utilizing 3COM SuperStack Switch 3000s as the aggregation points of the network. Each 3COM Desktop Switch will collapse into either the Switch 3000 in the Police Department or the Switch 3000 in City Hall. The Max 4000 Firewall/Proxy device will attach to the switched network via switched l OBase -T copper media and switched 100Base -F fiber media. The current router connecting the local network to the West Covina Police Department will be integrated into the switched network via one of the existing 3COM Desktop Switches. The remote facilities will connect to the Max 4000 via ISDN dial access utilizing Ascend Pipeline 50 and Pipeline 130 routers. In these instances, the Max 4000 will function as a firewall as well as an ISDN remote access device. The existing and future Novell and Microsoft file servers will be 10 /100Base -T copper attached to the Switch 3000 chassis in City Hall and the Police Department, allowing future migration to 100Mb /s speeds when appropriate. The single file server in the Fire Department will be copper attached to the 10013ase -T port in the Desktop Switch allocated to that facility. The Private IP Addressing scheme will be implemented with the use of the Ascend 4000 proxy service as detailed and documented in the Network Drawing. Anixter will aid City of El Segundo in determining optimal IP addressing scheme and implementation thereof. 9m, AMDXf`;L o / Network Services 2 Scope of Work.doc Anixter Network Services CITY OF EL SEGUNDO SCOPE OF WORK Assumptions • Anixter typically requires a 2 -3 week installation lead time after receipt of Anixter's Project Installation Guide network configuration information • All installations will be performed during normal business hours: Monday through Friday, 8:OOAM to 5:OOPM. • Any projects that are performed during non - business hours or weekends at City of El Segundo's request, will be billed at Anixter's standard overtime or weekend rates. • All work will be performed over a consecutive time frame, unless otherwise specified. • If necessary, Anixter will add to the order via Anixter's standard change order process any network or wiring components required to complete the installation. • If any equipment supplied by Anixter is found to be defective during the installation, Anixter will replace the equipment at no extra charge and complete the installation as specified. • Any delays experienced while an Anixter engineer is on -site due to City of El Segundo's infrastructure or wide area network provider problems will be billable at Anixter's applicable hourly rate schedule. • IP and IPX host and network addressing has been determined and documented prior to Anixter Services commencement. o 0.87 AM 11) Q riEt ./ Network Services 3 Scope of Work.doc Anixter Network Services CITY OF EL SEGUNDO SCOPE OF WORK Anixter Responsibilities Please refer to the Scope of Work from Pacific Coast Cabling for detailed information regarding the Structured Cabling Solution. PCC will act as a subcontracter to Anixter under CMAS. Anixter will provide a trained engineer to install the hubs and switch(es) at the customer location. Installation includes the following: • Installation of all site wiring (power and signal, path and lengths). • Any building alterations necessary to meet wiring and other site requirements. • Perform a technical assessment (verbal or physical) of the premises prior to installation. • Unpack and inventory all appropriate hardware and documentation. • Mount hubs and switch(es) in appropriate rack or on appropriate surface. • Install module cards (modular chassis only). • Connect hubs and switch(es) together (multiple, stackable units only). • Connect hubs and switch(es) to Ethernet network. • Power on hubs and switch(es). • Protocol addressing of hubs and switches • Setup and Configuration of Ascend Max 4000 Firewall for ISDN dial access. • Setup and Configuration of Proxy Service on Ascend Max 4000 • Setup and Configuration of Ascend Pipeline Routers • Configure necessary parameters for all protocols being used, as supplied by City of El Segundo. This includes addressing information, subnet mask, SNMP configuration, and so on. • Configuration and testing of WindowsNT Server hardware and Operating System (includes protocol configuration and addressing) • Definition and implementation of DHCP "scopes" on WindowsNT Server 4.0. • Implementation of WINS on WindowsNT Server 4.0. • Test connectivity throughout the network using the TCP/IP PING command • During the network installation and configuration, Anixter will make every effort to minimize the impact to City of El Segundo. Every reasonable precaution will be taken to minimize downtime to the existing network infrastructure and computing systems. • Unless specifically stated above under Anixter's Responsibilities, Anixter will be responsible for physical layer connectivity testing of networking hardware only. All software testing will be the responsibility of City of El Segundo or their designated and assigned parties. Network Services 4 Scope of Work.doc Anixter Network Services CITY OF EL SEGUNDO SCOPE OF WORK City of El Segundo Responsibilities City of El Segundo and/or their assigned and designated parties will be responsible for providing the following: Site preparation including: • Installation of necessary power distribution boxes, conduits, groundings, lightning protection, connectors, and associated hardware. • Installation of power outlets located within five feet of the equipment to be installed. • Environmental modifications as required for the switches. • Installation and verification of operation for all equipment not supplied by Anixter, but required for installation (e.g., workstation, transceiver, and so on). • Installation and verification of all ISDN, Frame Relay, and/or leased lines and circuits • ISDN phone numbers and ISDN SPIDs, for use in configuring dial -up environment. • Anixter will be designing an IP Addressing Scheme for the City of El Segundo but will require the City's input and configuration parameter assistance for each protocol (IP, IPX, and so on). This information is required prior to the on -site arrival of the Anixter network engineer. • A proper rack or desktop in/on which the switches will be installed. • All cable plant, Network Operating System (e.g. Novell, NT,Unix), network drivers, application software, and testing for systems not supplied or planned by Anixter. • Configuration parameters for each interface (i.e. T1, Sync, etc.) • Any delays due to the above items are billable at Anixter's hourly rate for engineer time plus travel and expenses. • Any additional work to be performed outside of this Statement of Work will require additional charges. ME ,^&RdI IL o /Network Services 5 Scope of Work.doc Anixter Network Services CITY OF EL SEGUNDO SCOPE OF WORK Installation Completion Criteria Anixter will have satisfied its obligation to City of El Segundo under this Statement of Work when either of the following occurs: The tasks listed under Anixter Responsibilities are completed. City of El Segundo terminates the project in accordance with the terms of the Anixter contract. City of El Segundo Signature City of El Segundo, by signing below, indicates that the Statement of Work has been read and the terms outlined within have been accepted. City of El Segundo is also aware that any delays incurred because of any of the reasons listed in City of El Segundo's Responsibilities section is considered billable time. Any questions concerning Anixter's responsibilities and the work to be done should be directed to the Anixter representative before signing. City of El Segundo Representative Title Anixter Representative Date Location Date 0 000 AND �IEL / Network Services 6 Scope of Work.doc Anixter Network Services CITY OF EL SEGUNDO SCOPE OF WORK ANIXTER / PACIFIC COAST CABLING SCOPE OF WORK Project: CITY OF EL SEGUNDO FIBER BACKBONE, AND PREMISES NETWORK DATA CABLE PLANT INSTALLATION AND INTEGRATION FOR THE FIRE DEPARTMENT AND CITY HALL Dear David, We appreciate the opportunity to provide this quote for the installation of a 12 strand, fiber optic backbone cable from City Hall to the Police and Fire Department Buildings. This quote also includes the installation of 33 CAT 5 single data drops in the Fire Department and 123 CAT 5 single data drops in the City Hall. For the purpose of this quote, I have provided separate pricing and separate scopes of work for the Fire Department, City Hall. PCC is a Siecor trained Extended Warranty Contractor (EWC) which enables us to extend to The City Of El Segundo Siecoes 15 year extended warranty on the fiber optic backbone proposed. The fiber optic cabling proposed is a multimode, 62.5/125 micron, high speed data backbone cable which is entirely compliant with IEEE and TIA/EIA 568A specifications. This fiber optic cable will support all standards based network data Protocol requirements for many years. PCC is also an Ortronics, Factory Authorized Installer, which will also allow us to extend to The City Of El Segundo Ortronic's 25 Year Extended Product Warranty Program and their Applications Assurance Program for the newly installed cable plant. For the purposes of this quote the following assumptions were made based on conversations with David Gray, and a job walk of the City Hall and Fire Department. Changes in these assumptions or the scope of work will not be covered under this contract and will be considered as a separate contract. All conduits are free and clear of obstructions that would prevent cable from being installed. Any junction points, hand holes, vaults, etc. have been identified and are accessible. Ceilings are T -Bar construction at a 10' height throughout the majority of the City Hall and Fire Department with a few exceptions of hard cap between the old City Hall building and the new one. Walls are hallow and of steel stud construction with no fire breaks. All cable installation will be in the wall. Surface mounted installations have not been included. All work will be done during the normal business hours of 7:00 A.M. and 3:30 P. M. Idle time incurred by PCC due to absence of required escorts, clearances, permits, or our inability to enter the work place or other factors beyond our control will be charged at a $55.00/MHR rate. PCC is not responsible for the work or material supplied by others. Material supplied by others must be in manner suitable for handling by PCC. PCC is not responsible for any collateral damage. It is the responsibility of the proposed client to notify PCC, prior to the start of a project, of any asbestos contained materials (ACM's) in or around the area of the project that may be disturbed. In the event that ACM's are present prior to job commencement or encountered during the project, additional costs, damages and/or delays attributed to necessary procedures for working in this environment will be the responsibility of the proposed client and/or building owner /management. prior to job commencement, for any building built prior to 1978, an asbestos disclosure form must be signed by an authorized agent or representative of the building owner. 0 991 A94CKW -IFIL o / Network Services 7 Scope of Work.doc Anixter Network Services CITY OF EL SEGUNDO SCOPE OF WORK Scope Of Work For The Fire Department A. Emanating from the new hub location in the Library, PCC will install one (1) each, Berktek, CAT 5, 24 AWG, plenum jacketed cable to the thirty three (33) data locations in the Fire Department building as designated on the City provided prints. B. PCC will install a CPI wall mounted rack in the Fire Department Library. We will install one (1) Ortronics, 48 port, RJ45, CAT 5, TIA/EIA 568A compliant patch and wire management panel into that rack. Each data cable will terminate to that patch panel. C. At the user end, we will pull Berktek CAT 5 plenum cable through existing conduit or inside the walls, where accessible, and terminate to Ortronics, CAT 5, T -568A data jacks. Each jack will be housed in a triple outlet flush mount wall plate to allow for future expansion. Unused ports will be filled with a blank panel. D. We will provide thirty five (33), 10 foot, Ortronics CAT 5, wall interconnect line cords, and thirty three (33), 5 foot, Ortronics CAT 5, patch cords. These cords will be used to connect the data hub to the cable patch panel and from the user outlet to the work station. E. All circuits will be 100% PentaScanner tested for continuity, shorts, transpositions and proper labeling, and compliant to TIA/EIA 568A specifications. As built documentation will be provided on customer supplied floor plans. Custom cable specifications and cross reference sheets will be provided upon request. Scope Of Work For City Hall A. Emanating from the new hub location in the Room 146, PCC will install one (1) each, Berktek, CAT 5, 24 AWG, plenum jacketed cable to the one hundred twenty three (123) data locations in the City Hall building as designated on the City provided prints. B. PCC will install one (1) 19" X 72" equipment rack in Room 146. We will install three (3) Ortronics, 48 port, RJ45, CAT 5, TIA/EIA 568A compliant patch panels and horizontal cable management panels in the PCC installed CPI equipment rack. The CAT 5 station runs will be punched down directly to the back plane of the patch panels. C. At the user end, we will pulled Berktek CAT 5 plenum cable through existing conduit or inside the walls, where accessible, and terminate to Ortronics, CAT 5, T -568A data jacks. Each jack will be housed in a triple outlet flush mount wall plate to allow for future expansion. Unused port will be filled with a blank panel. D. We will provide one hundred twenty three (123), 10 foot, Ortronics CAT 5, wall interconnect line cords, and one hundred twenty three (123), 5 foot, Ortronics CAT 5, patch cords. These cords will be used to connect the data hub to the cable patch panel and from the user outlet to the work station. E. All circuits will be 100% PentaScanner tested for continuity, shorts, transpositions and proper labeling, and compliant to TIA/EIA 568A specifications. As built documentation will be provided on customer supplied floor plans. Custom cable specifications and cross reference sheets will be provided upon request. Network Services 8 Scope of W„prk.doc Anixter Network Services CITY OF EL SEGUNDO SCOPE OF WORK Scope of Work For The Library A. PCC will provide Cat 5 cables and data jacks to (4) locations in the basement level. These cables will be routed and terminated to a central patch panel to be used as a connection point to the network. B. On the ground floor PCC will install (8) Category 5 cables and data Jacks for the Public Access terminals. These cables will terminate on a central patch panel. This patch panel can be used as a connection point to the network or to internet access equipment. C. PCC will install (5) Cat 5 cables and Category 5 jacks in the Technical processing location. PCC will also pull cable to and install (1) Category 5 Data Jack in each of the following offices : Rm 208, 215, 221 and 222. These cables will also route and terminate on a central patch panel to be used as a connection point to the network. D. PCC will install (1) Cat 5 cable and Category 5 Data jack to (1) location in Circulation Desk area and (2) locations in the Reference areas. E. All circuits will be 100% PentaScanner tested for continuity, shorts, transpositions and proper labeling, and compliant to TIA/EIA 568A specifications. As built documentation will be provided on customer supplied floor plans. Custom cable specifications and cross reference sheets will be provided upon request. Scope Of Work For Fiber Optic Backbone A. Emanating from the telephone closet in the basement of City Hall, we will install two 12 strand 62.5/125 micron multimode OSP fiber optic, high speed data cables to a room located in the basement in the Fire Department building and to the basement of Police Department. B. Emanating from the telephone closet in the basement of City Hall, we will install two (2) duplex 62.5/125 micron, multimode plenum jacketed, high speed fiber optic data cables to the hub location in Room #146. C. PCC will install from the basement of the Fire Department building through existing conduit, one (1) duplex 62.5/125 micron, multimode plenum jacketed, high speed fiber optic data cable to the Library located on first floor. D. In each the Fire Department and the Police Department 12 strands will be terminated, and we will install a Siecor Wall Interconnect Cabinet (WIC). Each WIC will be loaded with Siecor 6 Port Coupler Panels. In the basement of City Hall we will terminate 24 strands into a 24 port Siecor Wall Interconnect Cabinet. The 12 strand fiber cable will be terminated with Siecor, UV cure, ceramic tip "ST" connectors and attached to the coupler panels. E. At each hub location, we will terminate the duplex fiber cables with Siecor, UV cure, ceramic tip "ST" connectors. F. Fiber testing will be done with a Light Source and Power Meter test at 850nm for attenuation and connector loss, in 1 direction. 0 093 A.9413010. o /Network Services 9 Scope of Work.doc Anixter Network Services CITY OF EL SEGUNDO SCOPE OF WORK All copper circuits will be 100% PentaScanner tested for continuity, shorts, transpositions and proper labeling and compliant to TIA/EIA 568A specifications. As built documentation will be provided on customer supplied floor plans. Custom cable specifications and cross reference sheets will be provided upon request. 0 094 ANIXIOR o /Network Services 10 Scope of Work.doc State of California Multiple Award Schedules Contract Award Number 3 -96 -00 -0070 A Table of Contents I. Overview of the Terms and Conditions of the Anixter/PTI Contract ( #22560) As Awarded to Anixter, Inc. II. California Department of General Services Letter of Award to Anixter, Inc. (CMAS #3 -96 -00 -0070 A) III. National Institute of Governmental Purchasing (NIGP) Letter of Review IV. State of California Multiple Award Schedule 3 -96 -00 -0070 A V. State of California CMAS Contract Terms and Conditions VI. Anixter, Inc. CMAS/PTI Product Discount Schedule 0 095 For Price Quotations and Order Placement Contact The Anixter CMAS Unit: 1- 800 - 313 -2848 Overview of the Terms and Conditions of the Aniater/PTI Contract ( #22560) As Awarded to Anixter, Inc. CMAS #3- 96- 00 -0070A • Anixter, Inc. agrees to make available from its Solutions Catalog(s), its full line of authorized solutions /products and services set forth bu the terms and conditions of the multiple award contract(s) by Public Technology, Inc. (PTI #22560)). This contract is available for use by any state agency, and any city, county, city and county, district or other local governmental body or corporation empowered to expend public funds. • Anixter, Inc. agrees to make available, local service and support through its network of local and regional sales and support centers and through local and regional supplier partnerships. • Anixter, Inc. agrees to automatically apply price changes as they occur to the Anixter, Inc. base price. In addition, Anixter, Inc. agrees to utilized Federal Government (GSA) pricing as a benchmark for its contract prices.* (See Important Statement Below). • Price quotations and order placement for the buying entity shall contact the Anixter sales and support center, asking for the CMAS sales specialist: CALL TOLL -FREE: 1 -800- 313 -2848 • For information about The Anixter -PTI program, or to request additional catalogs call toll -free 1-888 - ANIX -PTI. • The Purchase Order(s) should be faxed to the local Anixter sales and support center. The CMAS/PTI Number 3- 96- 00 -0070A must appear on the Purchase Order. • The Purchase Order(s) may specify the name of a local authorized Anixter sales and support center to provide pre- and post -sales support. • Invoices are prepared on the date of shipment and are due within thirty (30) calendar days from that date. A late payment equal to 1.5% per month may be assessed on past due balances. • Shipments are pre -paid shipped via UPS Ground • Anixter, Inc. makes its best effort to deliver all orders complete. Unless the order clearly states "NO PARTIAL SHIPMENTS ", Anixter may occasionally ship partial orders and will bill each shipment separately. • Time of delivery is between one (1) and ninety (90) days after receipt of order. • Each product carries its own warranty. Proof of purchase is required to receive warranty service. Anixter, Inc. and Public Technology, Inc. (PTI) make no other warranties, expressed or implied, including, buy not limited to, any implied warranties of merchantability and fitness for a particular purpose, and Anixter, Inc. and Public Technology, Inc. (PTI) expressly disclaim all warranties not stated in the Anixter, Inc. limited warranty statement provided with each Anixter -sold product. • Anixter, Inc. shall accept returns or exchanges of equipment for a period not to exceed thirty (30) days from the date of receipt of equipment provided that the product is new, unopened and in the original packaging. Returns or exchanges shall be subject to a 15% restocking fee and all shipping charges shall be borne by the purchaser. • In the event that a product return is the result of defective merchandise or an error on the part of Anixter, Inc. shipping charges shall be borne by Anixter. All returns or exchanges must be approved in advance by Anixter's designated sales office. * IMPORTANT. ALL PRODUCTS Within The Anixter Solution(s) Catalog(s) ARE AVAILABLE Under the California CHAS # 3 -96 -00 -0070 A. For Products that are NOT FOUND in the attached "ANIXTER CMASIPTI PRODUCT DISCOUNT SCHEDULE(s) contact Anixter's CMAS Unit at 1- 800 - 313 -2848 NATIONAL INSTITUTE OF GOVERNMENTAL PURCHASING, INC. RIOP 11800 SUNRISE VALLEY DRIVE • R�STON, VIRGINIA 22091 • (703) 715 -9400 • Fax. (703) 715 -9897 httpy/www.nigp.org/nigp/ October 30, 1996 Dr. Costis Toregas President Public Technology, Inc. 1301 Pennsylvania Avenue, N.W. Washington, D.C. 20004 -1793 Dear Dr. Toregas: On October 11, 1996 the NIGP Procurement Management Audit team examined your procurement process and four contracts offered for use by state and local governments and their agencies by PTI Business Enterprises. The purpose of the review was to assess the PTI Business Enterprise procurement process and ascertain if it replicated the typical process used by public purchasing agencies. The contracts reviewed were: • AT &T /PTI Long Distance Telecommunications • Anixter /PTI Network and Cabling Products • Compaq /PTI Microcomputers • Stream /PTI Computer Software Our review was guided by our standard audit protocol which draws heavily on the American Bar Association's Model Procurement Code for State and Local Governments, the National Association of State Purchasing Officer's State and Local Govemment Purchasing, Fourth Edition, and other nationally accepted references. We also drew on the knowledge and experience gained by the Institute in conducting audits of public purchasing agencies nationwide over the past three years. It is the opinion of NIGP, based upon our review, that the four contracts named above were awarded based upon sound public purchasing criteria. It is further opined that the PTI Business Enterprise procurement process replicates the procurement practices and policies followed by most governmental entities. Sincerely, Po 0 09? es E. Brinkman, CP Executive Vice President A Non - Profit Educational and Technical Organization of Governmental Purchasing Agencies Founded in 1944 Department of General Services Procurement Division P.O. Box 942804 Sacramento, CA 94204 -001 State of California MULTIPLE AWARD SCHEDULE ANIXTER 3 -96 -00 -0070 A - Data Commun- Network Mgt Data - Commun- Processor Data - Commun Component LAN - Component LAN - System Service - Hardware Installation Service - Hardware Maintenance CONTRACT NUMBER 3 -96 -00 -0070 A AND GSA* TERM: DISTRIBUTION: STATEWIDE •nr nther similar scheduleslsl as defined by CMAS.Unit 9/1/95 through 9/1/98 CMAS Schedule A - Public Technology Inc. (PTI) #22560 This contract is available for use by State of California agencies and any city, county, city and county, distric or other local governmental body or corporation empowered to expend public funds. While the State makes this contract available, each local agency should make its own determination whether the CMAS program is consistent with their procurement policies and regulations. CMAS Contractors are required to provide all CMAS and PTI contract terms and conditions with the list(s) of products, services, and prices. These terms and conditions may include guarantees and other important provisions not included on the contract cover page. PLEASE REQUEST FROM CONTRACTOR A COPY OF ALL CONTRACT TERMS AND CONDITIONS IF NOT PROVIDED INITIALLY. �•. i Effective Date: STE EN CASARIEZ, ProgKaM Analyst, California Multiple Award Schedule U i California Multiple Award Schedule (CMAS) ORDER OF PRECEDENCE ORDER LIMITS Any conflict or inconsistency in the meaning between CMAS and the terms and conditions appearing in, or otherwise The maximum amount of each transaction placed under the intended to apply to the Federal GSA Schedule shall be award schedule is $500,000. resolved by giving preference to CMAS (see CMAS Terms and Conditions, CONFLICT OF TERMS). Splitting of contracts to avoid any monetary limitations is prohibited (SAM 1215). ORDER FORM State agencies shall use a Contract /Delegation Purchase Order (Std. 651 for purchases and services. Local governments shall, in lieu of the State's Purchase Order (Std. 651, use their own purchase order document. The Procurement Division will bill each state and local agency for use of CMAS contracts, equal to 1.21 % of the value of each order. The Procurement Division will bill state and local agencies directly. The 1.21 % fee should NOT be included in the order total, or remitted before a bill is received from us. The ordering entity is required to complete and distribute the order form. For services, the ordering entity shall modify the information contained on the form to include the service period (start and end date), and the monthly cost (or other intermittent cost), and any other information pertinent to the services being provided. The cost for each line item should be included on the order, not just system totals. USE OF CMAS IS OPTIONAL. AGENCIES ARE STRONGLY ENCOURAGED TO OPTIMIZE THE BENEFITS OF THE CMAS PROGRAM BY COMPARING DIFFERENT SCHEDULES FOR VARYING PRODUCTS, SERVICES AND PRICES, AND CAREFULLY REVIEWING ALL CONTRACT TERMS AND CONDITIONS, TO OBTAIN THE BEST VALUE AVAILABLE. THE CALIFORNIA MULTIPLE AWARD SCHEDULE DOES NOT REDUCE OR RELIEVE STATE AGENCIES OF THEIR RESPONSIBILITY TO MEET STATEWIDE REQUIREMENTS REGARDING CONTRACTS OR PROCUREMENTS OF GOODS OR SERVICES. Special attention should be given to the Automated Accounting System requirements of State Administrative Manual (SAM) Section 7260 -62, and the Productive Use Requirements of SAM Section 5203. Agencies should be aware that approval from the Department of Information Technology (DOIT) is required for: • procurement of major Information Technology systems pursuant to SAM Section 4819.39, • purchase of imaging equipment which exceed $25,000, and • purchase of used Information Technology equipment. Special attention should also be given to the requirements in SAM 4819.41 and 4832 for certification of compliance with policies. In addition, services may not be paid for in advance, and agencies must adhere to the guidelines in SAM Section 2120/2121 for servicing office equipment. 8/22/96 Do not circumvent normal procurement methods by splitting Purchases into a series of delegated purchase orders (SAM 3572). Splitting a project into small projects to avoid either fiscal or procedural controls is prohibited (SAM 4819.34). MINIMUM ORDER LIMITATION There is no minimum dollar value limitation on orders placed under this schedule. MAINTENANCE TAX Section 1655 of the Sales and Use Tax Regulations of the Business Taxes law Guide under Optional Warranties rule is that sales tax shall not be charged on optional warranties and therefore the contractor is considered the end user and liable for the sales tax. Prices charged for service are not subject to sales tax and neither can sales tax be assessed the State for any part or consumable supply installed that is included in the full service maintenance. The only time that open market items may be included in a CMAS order is when they fall under the parameters of the Not Specifically Priced INSP) Items provision. If the NSP provision is not included in the schedule, or the products and /or services required do not qualify under the parameters of the NSP provision, the products and /or services must be procured separate from CMAS. CREDIT CA(D ANIXTER accepts the State of California credit card (Cal - Card). Contractors are required to include in their quarterly reports the ordering entity, credit card number and total charge for each CAL -Card transaction. Agencies are NOT required to submit support documentation to CMAS for CAL -Card transactions, and the CMAS Unit will not bill agencies for CAL -Card transactions. CONTRACTOR TRAVEL State agencies (not local governments) should refer to SAM 0774 "TRAVEL AND RELATED REIMBURSEMENT OF PERSONS NOT STATE EMPLOYEES,' when transportation and per diem costs are to be reimbursed by the State. F.O.B. (Free On Board) Destination. r r n I • -u:. -T :•: , M kNDIMu The ordering entity is required to complete and distribute the order form. For services, the ordering entity shall modify the information contained on the form to include the service period (start and end date), and the monthly cost (or other intermittent cost), and any other information pertinent to the services being provided. The cost for each line item should be included on the order, not just system totals. USE OF CMAS IS OPTIONAL. AGENCIES ARE STRONGLY ENCOURAGED TO OPTIMIZE THE BENEFITS OF THE CMAS PROGRAM BY COMPARING DIFFERENT SCHEDULES FOR VARYING PRODUCTS, SERVICES AND PRICES, AND CAREFULLY REVIEWING ALL CONTRACT TERMS AND CONDITIONS, TO OBTAIN THE BEST VALUE AVAILABLE. THE CALIFORNIA MULTIPLE AWARD SCHEDULE DOES NOT REDUCE OR RELIEVE STATE AGENCIES OF THEIR RESPONSIBILITY TO MEET STATEWIDE REQUIREMENTS REGARDING CONTRACTS OR PROCUREMENTS OF GOODS OR SERVICES. Special attention should be given to the Automated Accounting System requirements of State Administrative Manual (SAM) Section 7260 -62, and the Productive Use Requirements of SAM Section 5203. Agencies should be aware that approval from the Department of Information Technology (DOIT) is required for: • procurement of major Information Technology systems pursuant to SAM Section 4819.39, • purchase of imaging equipment which exceed $25,000, and • purchase of used Information Technology equipment. Special attention should also be given to the requirements in SAM 4819.41 and 4832 for certification of compliance with policies. In addition, services may not be paid for in advance, and agencies must adhere to the guidelines in SAM Section 2120/2121 for servicing office equipment. 8/22/96 Do not circumvent normal procurement methods by splitting Purchases into a series of delegated purchase orders (SAM 3572). Splitting a project into small projects to avoid either fiscal or procedural controls is prohibited (SAM 4819.34). MINIMUM ORDER LIMITATION There is no minimum dollar value limitation on orders placed under this schedule. MAINTENANCE TAX Section 1655 of the Sales and Use Tax Regulations of the Business Taxes law Guide under Optional Warranties rule is that sales tax shall not be charged on optional warranties and therefore the contractor is considered the end user and liable for the sales tax. Prices charged for service are not subject to sales tax and neither can sales tax be assessed the State for any part or consumable supply installed that is included in the full service maintenance. The only time that open market items may be included in a CMAS order is when they fall under the parameters of the Not Specifically Priced INSP) Items provision. If the NSP provision is not included in the schedule, or the products and /or services required do not qualify under the parameters of the NSP provision, the products and /or services must be procured separate from CMAS. CREDIT CA(D ANIXTER accepts the State of California credit card (Cal - Card). Contractors are required to include in their quarterly reports the ordering entity, credit card number and total charge for each CAL -Card transaction. Agencies are NOT required to submit support documentation to CMAS for CAL -Card transactions, and the CMAS Unit will not bill agencies for CAL -Card transactions. CONTRACTOR TRAVEL State agencies (not local governments) should refer to SAM 0774 "TRAVEL AND RELATED REIMBURSEMENT OF PERSONS NOT STATE EMPLOYEES,' when transportation and per diem costs are to be reimbursed by the State. F.O.B. (Free On Board) Destination. r r n I California Multiple Award Schedule (CMAS) PAYMENT TERMS Net 30 days. Each State accounting office must have a copy of the attached Vendor Data Record (Std. 204) in order to process payment of invoices. Agencies should forward a copy of the Std. 204 to their respective accounting officals). Without the Std. 204, payment may be unnecessarily delayed. DELIVERY 30 days after receipt of order, or as negotiated between agency and contractor. WARRANTY See award schedule for warranties. MINORITY/WO MEN /DISABLED VETERAN BUSINESS ENTERPRISES (M/W /DVBEI DGS Procurement Division will provide periodically a list of Contractors with approved schedules. This list will identify Minority /Women /Disabled Veteran Business Enterprises (M/W /DVBE) and small businesses, and we strongly encourage agencies to use these Contractors whenever possible. OWNERSHIP INFORMATION ANIXTER is a large business enterprise. AWARD SCHEDULE DISTRIBUTION AND UPDATES Contractors will provide copies of their catalog(s) or listing(s), contract terms and conditions, and all updates upon request. 1 • Contact Contractor directly regarding the availability of schedules or listings on CD ROM, or access to electronic Bulletin Board Systems (BBS). Orders may be mailed to the following address, or faxed to 916/372 -1841: ANIXTER 3410 Industrial Blvd. Suite 100 West Sacramento, CA Attn: Steve Terrill Agencies with questions regarding products and /or services may call 916/372 -1207. DGS PROCUREMENT DIVISION CONTACT AND PHONE NUMBER Carol Umfleet Department of General Services Procurement Division 1808 14th Street, Suite 100 Sacramento, CA 95814 Phone # 916/324 -8045 Calnet # 8/454 -8045 Fax # 916/323 -1441 Want to know more about CMAS? We welcome the opportunity to present the details of this program to your agency or group. Please contact the California Multiple Award Schedule Unit at 9`16/324 -8045 or Calnet 8/454-8045 to arrange a date and time. 0 100 8/22/96 V. State of California CMAS Contract Terms and Conditions 0 101 0 CALIFORNIA MULTIPLE AWARD SCHEDULE 1CMAS1 CONTRACT TERMS AND CONDITIONS This agreement shall provide the State, at its discretion, the right to procure the products and services offered by the Contractor as identified in the Contractor's California Multiple Award Schedule; subject to the availability of funds, unless earlier terminated by the State in accordance with the termination provisions contained herein. a. If the term of this contract extends into fiscal years subsequent to that in which it is approved, such continuation of the contract is subject to the appropriation of funds for such purpose by the Legislature. If funds to effect such continued payment are not appropriated, Contractor agrees to take back any affected equipment and software furnished under this contract, terminate any services supplied to the State under this contract, and relieve the State of any further obligation therefor. b. State agrees that if Provision a above is invoked, equipment shall be returned to contractor in substantially the same condition in which it was delivered to the State, subject to normal wear and tear. State further agrees to pay for packing, crating, transportation to contractor's nearest facility and for reinbursement to the contracotr for expenses incurred for their assistance in such packing and crating. By signing this contract, the Contractor hereby certifies under penalty of perjury under the laws of the State of California that the Contractor will comply with the requirements of the Drug -Free Workplace Act of 1990 (Government Code Section 8350 at seq.) and will provide a drug -free workplace by taking the following actions: a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations, as required by Government Code Section 8355(a). Establish a Drug -Free Awareness Program as required by Government Code Section 8355(b) to inform employees about all of the following: 1) the dangers of drug abuse in the workplace; 2) the person's or organization's policy of maintaining a drug -free workplace; 3) any available counseling, rehabilitation and employee assistance programs; and, 4) penalties that may be imposed upon employees for drug abuse violations. Provide, as required by Government Code Section 8355 (c), that every employee who works on the proposed contract: 1) will receive a copy of the company's drug -free policy statement; and, 2) will agree to abide by the terms of the company's statement as a condition of employment on the contract. Failure to comply with these requirements may result in suspension of payments under the contract or termination of the contract or both and the Contractor may be ineligible for award of any future State contracts if the department determines that any of the following has occurred: (1) the Contractor has made false certification, Revision 9/5/96 or (2) violates the certification by failing to carry out the requirements as noted above. 3. NATIONAL LABOR RELATIONS BOARD CERTIFICATION By signing hereon the Contractor swears under penalty of perjury that no more than one final, unappealable finding of contempt of court by a Federal court has been issued accordance with Public Contract Code Section 10296. The Contractor's signature affixed hereon and dated shall constitute a certification under the penalty of perjury under the laws of the State of California that the Contractor has, unless exempted, complied with the nondiscrimination program requirements of Government Code Section 12990 and Title 2, California Administrative Code, Section 8103. a. State Auditor Audit The contracting parties shall be subject to the examination and audit of the State Auditor for a period of three (3) years after final payment under the contract in accordance with Government Code Section 8546.7. The examination and audit shall be confined to those matters connected with the performance of the contract, including, but not limited to, the costs of administering the contract. b. Minority/Women/Disabled Veteran Business Enterprise Audit Contractor agrees that the awarding department, or its delegatee, will have the right to review, obtain, and copy all records pertaining to performance of the contract. Contractor agrees to provide the awarding department, or its delegates, with any relevant information requested and shall permit the awarding department, or its delegatee, access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting ano copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with Public Contract Code Section 10115 at seq. and Title 2, California Code of Regulations, Section 1896.60 at seq. Contractor further agrees to maintain such records for a period of three (3) years after final payment under the contract. 1:44:u; Lon ► ► vZom Iwo Any person(s) and or firm(s) that will be installing telephone wiring must have the appropriate contractor's license (Class C -7, C -10, or C- 61 /DO5) in accordance with regulations established by the State Contractor's License Board, Department of Consumer Affairs. Contractors must complete the applicable Contractor's License Information, Exhibit V -E, for their firm and for any person(s) and or firmis) that will be installing telephone wiring at the installation site(s). Exhibit V -E (attached) shall be submitted to the agency before an order is issued. 7. SPECIAL CONDITIONS - PUBLIC WORKS REQUIREMENTS (APPLICABLE TO INSTALLATION ONLY) Page 1 of 12 0 102 CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS) CONTRACT TERMS AND CONDITIONS a. Prior to the commencement of performance, the Contractor must obtain and provide to the State, a payment bond, on Standard Form 807, when the contract involves a public works expenditure (labor /installation costs) in excess of $5,000. Such bond shall be in a sum not less than one -half the contract price. Forms shall be provided to the Contractor. b. In accordance with the provisions of Section 1773 of the California Labor Code, the Contractor shall, conform and stipulates to the general prevailing rate of wages, including employer benefits as defined in Section 1773.1 of the California Labor Code, applicable to the classes of labor to be used for public works such as at the delivery site for the assembly and installation of the equipment or materials under the contract. Pursuant to Section 1770 of the California Labor Code, the Department of Industrial Relations has ascertained the general prevailing rate of wages in the county in which the work is to be done, to be as listed in the Department of Transportation booklet entitled General Prevailing Wage Rates. The booklet is compiled monthly and copies of the same are on file at the Department of General Services, Procurement Division, 1823 14th Street, Sacramento. The booklet is required to be posted at the job site. c. The Contractor hereby certifies by signing this contract that: 11 Contractor has met or will comply with the standards of affirmative compliance with the Non - Discrimination Clause Requirements included herein. 2) Contractor is aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workmen's compensation or to undertake self - insurance in accordance with the provisions of that Code, and Contractor will comply with such provisions before commencing the performance of the work of this contract. d. laws to be Observed 1) Labor Pursuant to Section 1775 of the California Labor Code the Contractor shall, as a penalty to the State or Political subdivision on whose behalf the contract is made or awarded, forfeit not more than fifty ($50.00) for each calendar day, or portions thereof, for each worker paid by him or subcontractor under him, less than the prevailing wage so stipulated; and in addition, the Contractor further agrees to pay to each workman the difference between the actual amount paid for each calendar day, or portions thereof, and the stipulated prevailing wage rate for the same. This provision shall not apply to properly indentured apprentices. Pursuant to Sections 1810 -1815 of the California Labor Code, inclusive, it is further agreed that the maximum hours a worker is to be employed is limited to eight hours a day and forty hours a week and the Contractor shall forfeit, as a penalty to the State, twenty -five ($25) for each worker employed in the execution of the contract for each calendar day during which a workman is required or permitted to labor more than eight hours in any calendar day or more than forty hours in any calendar week, in violation of California Labor Code Sections 1810 -1815, inclusive. The Contractor will be required to secure the payment of compensation to its employees in accordance with the provisions of Labor Code Section 3700. 3) Travel and Subsistence Payments Travel and subsistence payments shall be paid to each worker needed to execute the work, as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8. 4) AoorentiI= Special attention is directed to Sections 1777.5, 1777.6, and 1777.7 of the California Labor Code and Title 8, California Administrative Code Section 200 at seq. Each Contractor and /or subcontractor must, prior to commencement of the public works contract, contact the Division of Apprenticeship Standards, 525 Golden Gate Avenue, San Francisco, CA, or one of its branch offices to insure compliance and complete understanding of the law regarding apprentices and specifically the required ratio thereunder. Responsibility for compliance with this section lies with the prime contractor. 5) Payroll The contractor shall keep an accurate payroll record showing the name, social security account, work classification and straight time and overtime hours worked by each employee. A certified copy of the employee's payroll record shall be available for inspection as specified in section 1776 of the California Labor Code. plSpUTES IAPPLIES TO SERVICE CONTRACTS Qh a. Any dispute concerning a question of fact arising under the terms of this agreement which is not disposed of within a reasonable period of time by the Contractor and State employees normally responsible for the administration of this contract shall be brought to the attention of the Chief Executive Officer (or designated representative) of each organization for joint resolution. At the request of either party, the State shall provide a forum for discussion of the disputed item(s), at which time the State Chief of Procurement, or his representative, shall be available to assist in the resolution by providing advice to both parties as to the State of California EDP policies and procedures. If agreement cannot be reached through the application of high level management attention, either party may assert its other rights and remedies within this contract or within a court of competent jurisdiction. b. The rights and remedies of the State provided above shall not be exclusive and are in addition to any other rights and remedies provided by law or under the contract. c. The State and the Contractor agree that, the existence of a dispute notwithstanding, they will continue without delay to carry out all their responsibilities under this contract which are not affected by the dispute. Revision 915/96 Page 2 of 12 103 9. CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS) CONTRACT TERMS AND CONDITIONS In accordance with the California Government Code, Contractor performance evaluation will be completed within the guidelines of the State Administrative Manual, Section 1283. The State contracting agency, upon contract completion, will complete and forward the contractor evaluation to the Department of General Services. 10. CONTRACTS IN EXCE55 OF 5ZUU.000 rArrut, 1U SERVICE CONTRACTS ONLY) Contractor shall give priority consideration in filling vacancies in positions funded by this contract to qualified recipients of aid under Welfare and Institutions Code Section 11200 (Public Contract Code 10353). The following provision of Government Code Section 4552, 4553, and 4554 (Statutes of 1978, Ch. 414) shall be applicable to the Contractor. In signing this contract, the Contractor agrees that it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. sec. 15) or under the Cartwright Act [Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code], arising from purchases of goods, materials, or services by the Contractor for sale to the purchasing body pursuant to the contract. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the Contractor. If an awarding body or public purchasing body receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the public body any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by the public body as part of the contract price, less the expenses incurred in obtaining that portion of the recovery. Upon demand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause of action assigned under this part if the assignor has been or may have been injured by the violation of law for which the cause of action arose and (a) the assignee has not been injured thereby, or (b) the assignee declines to file a court action for the cause of action. : • : • u ► a . Payment is due to Contractor 30 days from the date the equipment, software or services are received and accepted by the State or 30 days from the date a correct invoice is received in the office specified by the State, whichever is later. When provision is made for a testing period preceding acceptance by the State, date of acceptance shall mean the date the equipment or software is accepted by the State during the specified testing period. ►• • :u► •► gel WZ111-1 employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (cancer), age (over 40), marital status, and denial of family care leave. Contractors and subcontractors shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code, Section 12900 at seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, Section 12990 (a -f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations are incorporated into this contract by reference and made a part hereof as if set forth in full. Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. b. This Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the contract. Each Contractor doing business with the State of California must indicate their residency status along with their vendor identification number. Contractors are required to provide a completed Vendor Data Record, Std. 204 (attached), to the DGS Procurement Division before entering into this contract. 15. DEBARMENT CERTIFICATION (FEDERALLY FUNDED SERVICE CONTRACTS OVER $10.000) The prospective recipient of Federal assistance funds is required to certify (attached), that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. The Contractor is required to complete the attached certification before entering into this contract. a. The State may terminate this contract at any time upon one month prior written notice. b. If the Contractor's GSA Multiple Award Schedule is terminated within the term of the California Multiple Award Schedule, the California schedule shall also be considered to be terminated on the same date. c. Upon termination or other expiration of this contract, each party will assist the other party in orderly termination of the contract and the transfer of all assests, tangible and intangible, as may facilitate the orderly, nondisrupted business continuation of each party. d. Prior to the expiration of this contract, this contract may be terminated for the convenience of both parties by mutual consent. a. During the performance of this contract, Contractor 17. UPDATES AND /OR CHANGES and its subcontractors shall not unlawfully discriminate, harass or allow harassment, against any Revision 9/5/96 Page 3 of 12 O 104 CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS) CONTRACT TERMS AND CONDITIONS Any updates and /or changes to the GSA Multiple Award Schedule for other multiple award contract) prices and /or catalog shall be available to the State of California when they become effective for the Federal Government (or other awarding authority), exceot for Contractors adding nroducts and /or services which are hn enld to the State of California Also, new federal contract terms and conditions which constitute a material difference from existing contract terms and conditions are not considered approved until the CMAS Unit issues a supplement including the new terms and conditions. A material change has a potentially significant effect on the delivery, quantity or quality of items provided, the amount paid to the vendor, or on the cost to the State. There is no minimum or maximum dollar amount specified by this contract nor is there any guarantee of minimum purchase of Contractor's products or services by the State. Orders for Information Technology products and /or services shall not exceed $500,000 per transaction. Orders for non Information Technology fcommodities) products and /or services shall not exceed $100,000 per transaction. No additional costs beyond those identified in the agreement shall be incurred by the State for obtaining the products and services offered. • ; •;• 14 If the Contractor does not deliver its products to a site designated by the State within the delivery time specified, the State may terminate the right of the Contractor to deliver and may obtain substitute products. All financial, statistical, personal, technical and other data and information relating to the State's operation which are designated confidential by the State and made available to the Contractor in order to carry out this agreement, or which become available to the Contractor in carrying out this agreement, shall be protected by the Contractor from unauthorized use and disclosure through the observance of the same or more effective procedural requirements as are applicable to the State. The identification of all such confidential data and information as well as the State's procedural requirements for protection of such data and information from unauthorized use and disclosure shall be provided by the State in writing to the Contractor. If the methods and procedures employed by the Contractor for the protection of the Contractor's data and information are deemed by the State to be adequate for the protection of the State's confidential information, such methods and procedures may be used, with the written consent of the State, to carry out the intent of this paragraph. The Contractor shall not be required under the provisions of this paragraph to keep confidential any data or information which is or becomes publicly available, is already rightfully in the Contractor's possession, is independently developed by the Contractor outside the scope of this agreement, or is rightfully obtained from third parties. 1golwaval '•: The Contractor must submit a detailed report quarterly to the DGS Procurement Division, 1823 14th Street, Room 204, Sacramento, CA 95814, Attention: Carol Umfleet. The report shall include the agency name, order number, order date, billing code, cost per order, agency contact name and phone number. For service orders, the quarterly report must include the service period (start and end date) for each order. As an alternative to the quarterly report, a copy of each order may be submitted. (copies of invoices will not fulfill this requirement). This information is required within two weeks of the and of March, June, September, and December of each calendar year. 24. TAXES The State of California is exempt from Federal excise taxes and no payment shall be made for any personal property taxes levied on the Contractor or on any taxes levied on employee wages. The State will only pay for any State or local sales or use taxes on the services rendered or equipment, parts or software supplied to the State pursuant to this contract. ► offem-F-11""INIXYZ u ► The Contractor shall render invoices to the ordering agency. Invoices for purchases and software fees are not due and payable until successful completion of any applicable acceptance testing. Invoices for services are not due and payable, and do not constitute an obligation of the State, until the month following the month for which charges accrue. Software maintenance and license fees, which are considered a subscription, may be paid in advance If a provision addressing payment in advance is included in the contract or purchase order. EONF-Jil ►•uA-Zifi0 This contract may be amended by mutual consent of the parties. An amendment shall not be effective until approved by the Director of General Services, or until a certification of exemption from such approval has been signed by the contracting agency. No alteration or variation of the terms of this contract shall be valid unless made in writing, and no oral understanding or agreement not incorporated herein shall be binding on any of the parties hereto. 27. ASSIGNMENT This contract shall not be assignable in whole or in part without written consent of the State. It is the policy of the State of California to withhold consent from proposed assignments, subcontracts, or novations when such transfer of responsibility would operate to decrease the State's likelihood of receiving performance on the contract. The State does not normally object to the granting of assignments for financial purposes provided that the original Contractor retains all of its responsibilities and obligations under the contract. In the event of any assignment herein to which the State has consented, each such assignment shall contain a provision that further assignments shall not be made to any third or subsequent Revision 9/5/96 Page 4 of 12 0 105 CALIFORNIA MULTIPLE AWARD SCHEDULE ICMASI CONTRACT TERMS AND CONDITIONS party without additional written consent of the State unless otherwise stipulated in the State selected financing plan Should the State desire financing of the assets provided hereunder, the Contractor agrees to assign to a State - designated lender its right to receive payment from the State for the assets in exchange for payment by the lender of the cash purchase price for the assets. Upon notice to do so from the State - designated lender at any time prior to payment by the State for the assets, the Contractor will execute and deliver to the State - designated lender an assignment agreement and any additional documents necessary for the State selected financing plan. FT.IffiffiNTIETIlIff V-9141VIUMM The Contractor agrees to indemnify, defend and save harmless the State, its officers, agents and employees from any and all claims and losses, with the exception of consequential damages accruing or resulting to any other person, firm or corporation furnishing or supplying work, services, materials or supplies in connection with the performance of this contract, and from any and all claims and losses accruing or resulting to any person, firm or corporation which may be injured or damaged by the Contractor in the performance of this contract which are attributable to the negligence or intentionally tortious acts of the Contractor provided that the Contractor is notified in writing within 30 days that the State has knowledge of such claims. This Agreement shall be construed in accordance with, and its performance governed by, the laws of the State of California. If there is a conflict between the terms and conditions of the Contractor's MULTIPLE award schedule and the California Multiple Award Schedule terms and conditions, the California Multiple Award Schedule terms and conditions shall prevail. News releases pertaining to this agreement shall not be made without prior written approval of the DGS Procurement Division. 32. CONTRACTS (ORDERS) FUNDEU IN wrtULt UM r50 1 6T THE FEDERAL GOVERNMENT All contracts (including individual orders), except for State construction projects, which are funded in whole or in part by the federal government will contain a 30 -day cancellation clause and the following provisions: a. It is mutually understood between the parties that this contract (order) may have been written before ascertaining the availability of congressional appropriation of funds, for the mutual benefit of both parties, in order to avoid program and fiscal delays which would occur if the contract (order) were executed after that determination was made. b. This contract (order) is valid and enforceable only if sufficient funds are made available to the State by the United States Government for the fiscal year during which the order was generated for the purposes of this program. In addition, this contract (order) is subject to 33. any additional restrictions, limitations, or conditions enacted by the Congress or any statute enacted by the Congress which may affect the provisions, terms or funding of this contract (order) in any manner. It is mutually agreed that if the Congress does not appropriate sufficient funds for the program, this contract (order) shall be amended to reflect any reduction in funds. d. The department has the option to void the contract (order) under the 30 -day cancellation clause or to amend the contract to reflect any reduction of funds. No person, firm, or subsidiary thereof who has been awarded a consulting services contract, or a contract which includes a consulting component, may be awarded a contract for the provision of services, delivery of goods or supplies, or any other related action which is required, suggested, or otherwise deemed appropriate as an end product of the consulting services contract. Therefore, .any consultant that contracts with a state agency to develop a feasibility study or provide formal recommendations for the acquisition of EDP products or services is precluded from contracting for any work recommended in the feasibility study or the formal recommendation. F!Vffftle,T 51FACIT'VIN-Iffel;_ The Contractor warrants that no gratuities (in the form of entertainment, gifts, or otherwise) were offered or given by the Contractor or any agent or representative of the Contractor, to any officer or employee of the State with a view toward securing the contract or securing favorable treatment with respect to any determinations concerning the performance of the contract. For breach or violation of this warranty, the State shall have the right to terminate the contract, either in whole or in part, and any loss or damage sustained by the State in procuring on the open market any items which Contractor agreed to supply shall be borne and paid for by the Contractor. The rights and remedies of the State provided in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or under the contract. a. Current State Employees (Public Contract Code Section 10410): 1. No officer or employee shall engage in any employment, activity or enterprise from which the officer or employee receives compensation or has a financial interest and which is sponsored or funded by any State agency, unless the employment, activity or enterprise is required as a condition of regular State employment. 2. No officer or employee shall contract on his or her own behalf as an independent contractor with any State agency to provide goods or services. b. Former State Employees (Public Contract Code Section 10411): 1. For the two -year period from the date he or she left State employment, no former State officer or employee may enter into a contract in which he or she engaged in any of the negotiations, Revision 9/5/96 Page 5 of 12 0 1016 CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS) CONTRACT TERMS AND CONDITIONS transactions, planning, arrangements or any part of the decision- making process relevant to the contract while employed in any capacity by any State agency. 2. For the twelve -month period from the date he or she left State employment, no former State officer or employee may enter into a contract with any State agency if he or she was employed by that State agency in a policy - making position in the same general subject area as the proposed contract within the twelve -month period prior to his or her leaving State service. 1) The combination or utilization of machines furnished hereunder with machines or devices not made or furnished by the Contractor. 2) The operation of machines furnished by the Contractor under the control of any operating software other than, or in addition to, the aforementioned current version of Contractor - supplied operating software. 3) The modification by the State of the machines furnished hereunder or of the aforementioned software. "T ^DYRICHT TRADE SECRET PROTECTION 4) The combination or utilization of software furnished 36. PP�� AND hereunder with noncontractor's supplied software. a. The Contractor, at its own expense, shall defend any action brought against the State to the extent that d. The foregoing states the entire liability of the such action is based upon a claim that the equipment Contractor with respect to infringement of patents, or software supplied by the Contractor, or the copyrights and trade secrets. operation of such equipment pursuant to a current 37 LIMITATION OF LIABILITY version of Contractor - supplied operating software, infringes a United States patent, or copyright or a. The equipment` shall be under State's exclusive violates a trade secret. The Contractor shall pay those management and control. The State agrees that the costs and damages finally awarded against the State in Contractor shall not be liable for any damages caused any such action. Such defense and payment shall be by the State's failure to fulfill any State responsibilities conditioned on the following: of assuring the proper use, management and 1) That the Contractor shall be notified within a supervision of the machines and programs, audit controls, operating methods, and office procedures, reasonable time in writing by the State of any and for establishing all proper checkpoints necessary notice of such claim; and, for the State's intended use of the machines. 2) That the Contractor shall have the sole control of b. Contractor's liability for damages to the State for any the defense of any action on such claim and all cause whatsoever, and regardless of the form of negotiations for its settlement or compromise, action, whether in contract or in tort, shall be limited to provided, however, that when principles of the greater of $200,000 or the purchase price stated government or public law are involved, the State herein for the specific machines that caused the shall have the option to participate in such action at damages or that are the subject matter of or are its own expense. directly related to the cause of action. b. Should the machines or software, or the operation The foregoing limitation of liability shall not apply to thereof, become, or in the Contractor's opinion are the payment of costs and damage awards referred to likely to become, the subject of a claim of infringement in Paragraph 36, entitled "Patent, Copyright, and Trade of a United States patent, copyright or a trade secret, Secret Protection ", to claims covered by other specific the State shall permit the Contractor at its option and provisions calling for liquidated damages or specifying expense either to procure for the State the right to a different limit of liability, or to claims for injury to continue using the machines or software, or to replace persons or damage to property caused by Contractor's or modify the same so that they become noninfringing negligence. This limitation of liability does not apply to and continue to meet bid specifications. If neither of the receipt of court costs or attorney's fees that might these options can reasonably be taken, or if the use of be awarded by a court in addition to damages after such equipment or software by the State shall be litigation based on this contract. prevented by injunction, the Contractor agrees to take back such equipment or software, and refund any c. State's liability for damages for any cause whatsoever, sums the State has paid Contractor less any reasonable and regardless of the form of action whether in amount for use or damage and make every reasonable contract or in tort, excluding negligence, shall be effort to assist the State in procuring substitute limited to the greater of $200,000 or the purchase equipment or software. If, in the sole opinion of the price stated herein for the specific machines that State, the return of such infringing equipment or caused the damage or that are the subject matter of or software makes the retention of other items of are directly related to the cause of action. equipment or software acquired from the Contractor d. no event will either the Contractor or the State be under this contract impractical, the State shall then liable for consequential damages even if notification li have the option of terminating the contract, or has been given as to the possibility of such damages. applicable portions thereof, without penalty or termination charge. The Contractor agrees to take *equipment-an all- inclusive term which refers either to back such equipment or software and refund any sums individual machines or to a complete data processing the State has paid Contractor less any reasonable system or subsystem, including its operating software amount for use or damage. (if any). o, The Contractor shall have no liability to the State under 38. FORCE MAJEURE any provision of this Paragraph 36 with respect to any claim of patent, copyright, or trade secret infringement Except for defaults of subcontractors, neither party shall which is based upon: be responsible for delays or failures in performance Revision 9/5/96 Page 6 of 12 0 107 CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS) CONTRACT TERMS AND CONDITIONS resulting from acts beyond the control of the offending party. Such acts shall include but shall not be limited to acts of God, fire, flood, earthquake, other natural disasters, nuclear accident, strike, lockout, riot, freight embargo, public regulated utility, or governmental statutes or regulations superimposed after the fact. If a delay or failure in performance by the Contractor arises out of a default of its subcontractor, and if such default arised out of causes beyond the control of both the Contractor and subcontractor, and without the fault or negligence of either of them, the Contractor shall not be liable for damages of such delay or failure, unless the supplies or services to be furnished by the subcontractor were obtainable from other sources in sufficient time to permit the Contractor to meet the required performance schedule. The State shall be relieved from all risks of loss or damage to the equipment under this contract prior to delivery and /or installation as defined in the actual purchase order except when such loss or damage is due to fault or negligence of the State. 40. WARRANTY Warranty will be provided as indicated in the Contractor's CMAS. FOR CMAS ORDERS WHICH EXCEED 8250,000 THE FOLLOWING TERMS AND CONDITIONS APPLY AND ARE ADDITIONAL TO PROVISIONS NUMBERED 1 TO 40. a. If the equipment to be installed requires special environmental considerations, Contractor shall provide site preparation specifications for equipment within a reasonable time upon request by the State. The equipment, if installed according to these specifications, shall operate efficiently, from an environmental point of view and properly from a functional point of view. b. The State may prepare a site plan showing the location of each item of equipment and detailing the associated electrical power and environmental control facilities. If requested, the Contractor will review and comment on the adequacy of the State's plan, and shall be permitted free access subject to the security requirements for the site for this purpose. Alternatively, the Contractor may prepare the site plan, and will be permitted free access to the site for this purpose. c. The State shall cause the site to be prepared in accordance with the Contractor's written minimum site and environmental specifications, unless the Contractor has agreed to be responsible for such site preparation, on or before the Facility Readiness Date specified in the order. d. Any subsequent alterations or modifications to the site which are directly attributable to incomplete or erroneous specifications provided by the Contractor and which involve additional expense shall be made at the expense of the Contractor, to the extent that such costs would not have been incurred had the complete and /or correct specifications been initially provided. e. If any such site alterations as discussed above cause a delay in the installation, Paragraph 43, Liquidated Damages, shall apply. f. Unless mutually agreed to otherwise, arrangements for procurement, installation, and maintenance of noncontractor's communication media (telephone lines, modems, etc.) necessary for the remote transmission of data are the responsibility of the State. In addition, if requested by the Contractor, the State shall provide one telephone, with appropriate coupling devices for the transmission of data, for the Contractor's use in installation and maintenance of the equipment. Any toll charges resulting from the use of this instrument by the Contractor in the installation and maintenance of the equipment will be borne by the Contractor. a. Equipment (Hardware and Operating Software) (1) Except as otherwise provided in Paragraph 42,a. (7), the Contractor shall install equipment ready for use on or before the Installation Dates specified in the order. Time is the essence of is agreement. (2) Installation Dates may be changed by mutual consent of the Contractor and the State by amendment; however, consent of the Contractor is not required if, at least 90 days prior to the Installation Date, the State defers the installation of any machine, but a new Installation Date will be established by mutual agreement. Such unilateral deferment shall not exceed 180 days, except by mutual agreement. (3) The State shall provide the Contractor access to the site for the purpose of installing equipment prior to the Installation Date. The Contractor shall specify in writing the time required to install the equipment. (4) Except as otherwise provided in Paragraph 42, a. (7), the Contractor shall determine that the equipment is ready for use, and operates in conformance with the Contractor's published specifications. The Contractor shall then certify in writing to the State that the equipment is installed and ready to be turned over to the operational control of the State. The Contractor shall also provide to the State appropriate documentation to support the above certification, at which time the State will accept control of the equipment for the purpose of validating its installation and performance. (5) Notwithstanding certification by the Contractor that the equipment has been installed and is ready for use, the equipment shall not be deemed installed within the terms of this Contract until such installation is confirmed by the State through testing as prescribed in the order or by performance of other suitable tests mutually agreed to by both parties as being adequate for this purpose. If the test is successfully completed, the equipment shall be deemed installed and ready for use as of the date of the Contractor's certification. The State shall immediately begin acceptance testing of the equipment in accordance with the provisions Revision 9/5/96 Page 7 of 12 0 108 MULTIPLE AWARD SCHEDULE (CMAS) CALIFORNIA CONTRACT TERMS AND CONDITIONS contained in the order, and shall notify the a ,ever l Contractor in writing, within five (5) working The Installation Dates of the equipment and the days, that the State concurs that the equipment Delivery Dates for software set forth in the order have was installed. If the equipment fails to been fixed so that the utilization of the equipment and successfully complete the test, the Contractor software is consistent with the timing schedules of shall be notified immediately of the failure, with the State's programs. If any of the units of written confirmation to be provided in not more equipment, with all required operating software, are than five (5) working days. Control of the not installed within the times specified in the order, equipment shall immediately be given to the and /or if any of the other software is not delivered to Contractor. The equipment shall not be deemed the State within the time limits specified in the order, to be installed until the Contractor re- certifies the delay will interfere with the proper implementation such installation and the above- described test is of the State's programs, to the loss and damage of successfully completed. the State. From the nature of the case, it would be (6) Except as otherwise provided in Paragraph 41, a. impracticable and extremely difficult to fix the actual (7), in the event the Contractor fails to install the damages sustained in the event of any such delay. equipment by the Installation Date specified in The State and Contractor, therefore, presume that in the order, Paragraph 43, Liquidated Damages, the event of any such delay the amount of damage shall apply. which will be sustained from a delay will be the amounts set forth in the order, and the State and the (7) If the nature of the equipment is such that the Contractor agree that in the event of any such delay, services of the Contractor are not required for its the Contractor shall pay such amounts as liquidated installation, and the Contractor so states in damages and not as a penalty. writing and the State agrees in writing that such Contractor services are not necessary, the Similarly, a unilateral deferment by the State of Contractor may ship the equipment to the State equipment installation without appropriate notice or a site. If the equipment arrives not later than five delay in readying the facility interferes with the (5) working days prior to the Installation Date, installation schedule under which the Contractor is the equipment shall be deemed to have been operating, thus resulting in damages to the installed on or before the Installation Date and no Contractor. The State and Contractor presume that liquidated damages shall be paid, irrespective to in the event of such delay, the amount of damage whether or not the State is successful in which will be sustained will be the amount set forth in installing the equipment without Contractor the order, and they agree that in the event of such a assistance. If this procedure is used, the State delay, the State will pay such amount as liquidated shall make every reasonable effort to install the damages and not as a penalty. Amounts due the equipment prior to the Installation Date, and shall State as liquidated damages may be deducted by the confirm such installation in accordance with the State from any money payable to the Contractor. procedures set forth in Paragraph 42 (5), without The State shall notify the Contractor in writing of any requiring a certification of installation as set forth claim for liquidated damages pursuant to this in Paragraph 42 (4) by the Contractor. If, paragraph on or before the date State deducts such however, the State is unable to install the sums from money payable to the Contractor. equipment, it shall notify the Contractor that b. Fauipment Installation Delays Caused by the Contractor assistance is required. The Contractor Contractor shall then assist in the equipment installation and certification that such installation (1) If the Contractor does not install the equipment, has been accomplished. (designated by the Contractor's type and model number), and special features included with the b. Software bother than Operating Software) - Operating -- - - - -- equipment (or suitable substitutes acceptable to (1) The Contractor shall provide those programming the State), ready for use with all appropriate aids, program products, and applications listed in operating software, all as listed in the order, on the order, on or before the Delivery Dates or before the Installation Date(s) specified in the specified in the order, and shall certify to the order, or in the case of the equipment delivered State that such software has been delivered and to the State in time for State installation, the is ready for State use. For purposes of this Contractor shall be liable for fixed liquidated Paragraph, "delivered" also means received by damages specified in the order, in lieu of all other the State, if such software is mailed by the damages for such noninstallation. Liquidated Contractor. damages shall accrue for each calendar day between the Installation Date specified in the (2) If, in the opinion of the Contractor, the services order and the date the equipment is certified of the Contractor are required to install the ready for use or 180 calendar days, whichever software on the State equipment, "delivery" of occurs first. the software, for the purposes of this contract, (2) If some, but not all of the machines are installed, shall be deemed to include such installation ready for use, during a period of time when services. liquidated damages are applicable, and the State (3) In the event the Contractor fails to deliver the uses any such installed machines, liquidated agreed -upon software by the dates specified, damages shall not accrue against the machines Paragraph 43, Liquidated Damages, shall apply. used for any calendar day the machines are so used. 43. LIQUIDATED DAMAGES 0 109 Revision 9/5/96 Page 8 of 12 CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS) CONTRACT TERMS AND CONDITIONS (3) If the delay is more than thirty (30) calendar days, then by written notice to the Contractor, the State may terminate the right of the Contractor to install, and may obtain substitute equipment, in accordance with the provision of Paragraph 49, Rights and Remedies of the State for Default. In this event, the Contractor shall also be liable for liquidated damages, in the amounts specified above until substitute equipment is installed, ready for use, or for 180 days from the installation date, whichever occurs first. c. Other Delivery Delays Caused by the Contractor (1) If the Contractor does not deliver all the programming aids, program products, and applications listed in the order ready for use in substantial accordance with the Contractor's specifications, on or before the Delivery Dates specified in the order, the Contractor shall be liable for liquidated damages in the amounts specified in the order, in lieu of all other damages for such nondelivery. Liquidated damages shall accrue for each calendar day between the Delivery Date specified and the actual date of the delivery of such software or for 180 days, whichever occurs first. If the Contractor fails to provide the software listed in the order by the specified Delivery Date, but provides suitable substitution of software acceptable to the State, liquidated damages shall not apply to listed software for which substituted software is provided. (2) If the State is unable to use the equipment on the installation date because Contractor failed to deliver the software listed in the order by the delivery date specified in the order, and Contractor does not furnish suitable substitute software acceptable to the State, liquidated damages for equipment noninstallation as specified in Paragraph 43, b. (1), shall be paid to the State in lieu of damages for software nondelivery as specified in Paragraph 43, c. (1). Such liquidated damages shall apply until the State uses the equipment or until Contractor provides the programming aids or applications which would render the equipment usable, whichever occurs first, but not for more than 180 calendar days. d. Installation or Delivery Delays Caused by the State (1) In the event the equipment cannot be installed because the State has failed to prepare the facility by the Facility Readiness Date specified in the order, the State shall be liable for fixed liquidated damages specified in the order for each day between the Facility Readiness Date specified in the order and the actual readiness date, but not to exceed 180 calendar days, in lieu of all other damages for such delay. (2) In the event a change directed by the State requires a later installation date of certain equipment and the State has failed to notify the Contractor of the delay at least 60 days prior to the original Installation Date, the State shall be liable, in lieu of all other damages, for liquidated damages as specified in Paragraph 43, d. (1), for each day between the original Installation Date and the new Installation Date, but not to exceed 180 calendar days. (3) The State shall not be liable for liquidated damages under both Paragraph 43, d. (1) and d. (2) above during the same period of time with respect to the same equipment. a. Eel 9 ► •: • i a. Acceptance testing is intended to ensure that the equipment acquired operates in substantial accord with the Contractor's technical specifications, is adequate to perform as warranted by the Contractor, and evidences a satisfactory level of performance reliability, prior to its acceptance by the State. If the equipment to be installed includes operating software as listed in the order, such operating software shall be present for the acceptance test unless substitute operating software acceptable to the State is provided. Acceptance testing may be required as specified in the order for all newly installed technology systems, subsystems, and individual equipment, and machines which are added or field modified (modification of a machine from one model to another) after a successful performance period. b. In accordance with Paragraph 42, a. (4), Installation and Delivery Dates, the Contractor shall certify in writing to the State when equipment is installed and ready for use, at which time operational control becomes the responsibility of the State. Acceptance testing (as specified in the order) shall commence on the first State workday following certification, and shall end when the equipment has met the standard of performance (performance criteria) as provided in the order for a period of 30 consecutive days. Operation of the equipment to confirm its installation, as provided in Paragraph 42, a. (5), Installation and Delivery Dates, shall be considered to be a part of the acceptance test. c. In the event the equipment does not meet the standard of performance during the initial 30 consecutive calendar days, the acceptance tests shall continue on a day -to -day basis until the standards of performance are met for 30 consecutive days. d. If the equipment does not meet the standards of performance within ninety (90) consecutive days after the start of the acceptance testing, the State shall have the option to request replacement equipment, extend the performance period or terminate the order (or portions thereof) and seek relief as provided by Paragraph 49, Rights and Remedies of State for Default. The State's option shall remain in effect until such time as the equipment meets the performance criteria, or 180 consecutive days after the start of the acceptance testing, whichever occurs first. If the equipment has not met the standards of performance by 180 days after installation, the contract shall be canceled or the defective equipment deleted from the contract and the provisions of Paragraph 49, Rights and Remedies of State for Default shall apply. e. At the request of the Contractor, the State shall make available not only the failed equipment, but also those machines which must be utilized by the Contractor to Revision 9/5/96 Page 9 of 12 * t 0 0 11 CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS) CONTRACT TERMS AND CONDITIONS Date identify the cause of failure and to accomplish the :eed repair. f. Equipment shall not be accepted by the State and no ated charges associated with such equipment shall be paid d d. by the State until the equipment has satisfactorily roith completed the acceptance tests. In addition, if required in the order, no charges shall be paid until specified Contractor - supplied software has been fm accepted by the State. g. Immediately upon successful completion of the the acceptance tests, the State shall notify the ord Contractor in writing of acceptance of the equipment is and authorize appropriate payment. The State shall or, maintain adequate daily records to satisfy the ice requirements of acceptance testing. Increments of he time shall.be measured in hours and whole minutes. ire ,CEPT..�r•G TESTING FOR SOFTWARE (other than be 45. " ite Oneratina Software) is a. Acceptance testing may be required as specified in as the order for all Contractor - supplied software as ' -d specified and listed in the order, including all software al initially installed, improved versions (new releases) of Id this software, any such software which has been el altered (modified) by the Contractor to satisfy State requirements, and any substitute software provided n by the Contractor in lieu thereof, unless the order n provides otherwise. The purpose of the acceptance test is to ensure that the software operates in d d substantial accord with the Contractor's technical specifications and meets the State's performance � specifications. The specific procedures for the i accomplishment of such tests are contained in the order. b. When software has been provided and certified in accordance with Paragraph 42, Installation and Delivery Dates, b. (1), the State shall begin acceptance testing on the first State workday following such certification, as specified in the order. c. If successful completion of the acceptance test is not attained within ninety (90) consecutive days after the start of the acceptance testing, the State shall have the option to request substitute software, cancel that portion of the contract which relates to the unaccepted software, or continue the acceptance tests. The State's option shall remain in effect until such time as the tests are successfully performed, or 180 days after certification, whichever occurs first. If the acceptance tests have not been successfully performed prior to the expiration of 180 days, that portion of the contract which relates to the unaccepted software shall be canceled, unless both parties agree to the continuation of the tests or to the delivery of substitute software. If the unaccepted software (or its functional equivalent) is crucial to the accomplishment of the work for which the equipment was acquired, and is so identified in the order, the State shall have the option of terminating the entire contract in accordance with Paragraph 49, Rights and Remedies of State for Default. d. Unless otherwise provided in the order, software shall not be accepted by the State and no charges associated with such software shall be paid by the State until the software has satisfactorily completed the acceptance tests. e. Immediately upon successful completion of the acceptance testing, the State shall notify the Contractor in writing of the acceptance of the software and authorize appropriate payment. The State shall maintain adequate records to satisfy the requirements of acceptance testing. 46. CONTRACTOR'S LIABILITY FOR INJURY TO PERSONS OR DAMAGE TO PROPERTY a. The Contractor shall be liable for damages arising out of injury to the person and /or damage to the property of the State, employees of the State, persons designated by the State for training, or any other person(s) other than agents or employees of the Contractor, designated by the State for any purpose, prior to, during, or subsequent to delivery, installation, acceptance, and use of the equipment either at the Contractor's site or at the State's place of business, provided that the injury or damage was caused by the fault or negligence of the Contractor. b. Contractor shall not be liable for damages arising out of or caused by an alteration or an attachment not made or installed by the Contractor, or for damage to alterations or attachments that may result from the normal operation and maintenance of the Contractor's equipment. Engineering changes, determined applicable by Contractor, will be controlled and installed by Contractor on equipment covered by this contract. The State may elect to have only mandatory changes, as determined by Contractor, installed on machines so designated. A written notice of this election must be provided to the Contractor for written confirmation. There shall be no charge for engineering changes made. Any Contractor- initiated change shall be installed at a time mutually agreeable to the State and the Contractor. Contractor reserves the right to charge, at its then current time and material rates, for additional service time and materials required due to noninstallation of applicable engineering changes after Contractor has made a reasonable effort to secure time to install such changes. 48. CONNECTION POINTS FOR CENTRAL PROCESSOR EVALUATION EQUIPMENT If requested by the State, the Contractor agrees to identify, on all items of equipment supplied under this contract, all appropriate test points for connecting one of the commercially available hardware monitors designed to measure system activity. 49. RIGHTS AND REMEDIES OF STATE FOR DEFAULT a. In the event any equipment, software, or service furnished by the Contractor in the performance of this contract should fail to conform to the specifications therefore, the State may reject the same, and it shall thereupon become the duty of the Contractor to reclaim and remove the same forthwith, without expense to the State, and immediately to replace all such rejected equipment, software, or service with others conforming to such specifications; provided that should the Contractor fail, neglect or refuse to do so the State shall thereupon have the right to purchase in the open market, in lieu thereof, a corresponding quantity of any such equipment, software, or service and to deduct from any monies Revision 9/5/96 Page 10 of 12 0 11I CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS) CONTRACT TERMS AND CONDITIONS due or that may thereafter become due to the interests of both parties, to the maximum extent Contractor the difference between the price named in reasonable. this contract and the actual cost thereof to the State. 54. LIMITATION OF ACTIONS b. In the event the Contractor shall fail to make prompt delivery as specified of any equipment, software, or No action, regardless of form, arising out of this contact service, the same conditions as to the rights of the may be brought by either party more than two years after State to purchase in the open market and to the cause of action. has arisen, or in the case of reimbursement set forth above shall apply, except as nonpayment, more than two years from the date of the otherwise provided in Paragraph 38, Force Majeure. last payment, except where either party (within two years after a cause of action has arisen) provides the other party c. In the event of the cancellation of this contract either in writing a notice of a potential cause of action, disclosing in whole or in part, by reason of the default or breach all material facts then known by the notifying party thereof by the Contractor, any loss or damage concerning such cause of action, then the notifying party sustained by the State in procuring any equipment, may bring an action based on the matter so disclosed at software or service which the Contractor therein any time prior to the expiration of four years from the time agreed to supply shall be borne and paid for by the the cause of action arose. Contractor. d. The rights and remedies of the State provided above shall not be exclusive and are in addition to any other DEFINITIONS rights and remedies provided by law or under the (from STATE MODEL PURCHASE CONTRACT 7/94) contract. The Contractor warrants that it has full power and authority to grant the rights herein granted and will hold the State hereunder harmless from and against any loss, cost, liability, and expense (including reasonable attorney fees) arising out of any breach of this warranty. Further, Contractor avers that it will not enter into any arrangement with any third party which might abridge any rights of the State under this contract. $liii��•7�•[�IIP14►q Unless otherwise specified in the order or financing plan, title to the equipment shall remain in the Contractor and assigns, if any, until such time as the full purchase prices, applicable taxes and interest charges, if any, are paid to the Contractor. Title to each machine will be transferred to the State when its purchase price, taxes, and associated interest charges, if any, are paid. Title to a special feature installed on a machine and for which only a single installation charge was paid shall pass to the State at no additional charge, together with title to the machine on which it was installed. No term or provision of this contract shall be deemed waived and no breach excused, unless such waiver or consent shall be in writing and signed by an individual authorized to so waive or consent. Any consent by either party to, or waiver of, a breach by the other, whether express or implied, shall not constitute a consent to, waiver of, or excuse for, any other breach or subsequent breach, except as may be expressly provided in the waiver or consent. POK901MM4 The Contractor and the State agree that if any provision of this contract is found to be illegal or unenforceable, such term or provision shall be deemed stricken and the remainder of the contract shall remain in full force and effect. Either party having knowledge of such term or provision shall promptly inform the other of the presumed non - applicability of such provision. Should the offending provision go to the heart of the contract, the contract shall be terminated in a manner commensurate with the a. Data Processing System (System)-The total complement of Contractor - furnished machines, including one or more central processors (or instruction processors) and operating software, which are acquired to operate as an integrated group. b. Data Processing Subsystem -A complement of Contractor - furnished individual machines, including the necessary controlling elements (of the functional equivalent) and operating software, if any, which are acquired to operate as an integrated group, and which are interconnected entirely by Contractor - supplied power and /or signal cables; e.g., direct access controller and drives, a cluster of terminals with their controller, etc. Machine-An individual unit of a data processing system or subsystem, separately identified by a type and /or model number, comprised of but not limited to mechanical, elect ro- mechanical, and electronic parts, microcode, and special features installed thereon and including any necessary software; e.g., central processing unit, memory module, tape unit, card reader, etc. d. Eoug m� ent_An all- inclusive term which refers either to individual machines or to a complete data processing system or subsystem, including its operating software (if any). Eauioment Failure -A malfunction in the equipment, excluding all external factors, which prevents the accomplishment of the equipment's intended function(s). If microcode or operating software, residing in the equipment, is necessary for the proper operation of the equipment, a failure of such microcode or operating software which prevents the accomplishment of the equipment's intended functions shall be deemed to be an equipment failure. f. Ooeration Use Time -For performance measurement purposes, that time during which equipment is in actual operation by the State. Preventive Maintenance —That maintenance, performed on a scheduled basis by the Contractor, which is designed to keep the equipment in proper operating condition. Revision 9/5/96 Page 11 of 12 0 112 CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS) CONTRACT TERMS AND CONDITIONS h o 0 lial Maintenance —That maintenance performed by the Contractor which results from equipment (including operating software) failure, and which is performed as required; i.e., on an unscheduled basis. i. Prin ioal Period of Maintenance —Any nine consecutive hours per day (usually between the hours of 7:00 a.m. and 6:00 p.m.) as selected by the State, including an official meal period not to exceed one hour, Monday through Friday, excluding holidays observed at the installation. affigd of Maintenance Coveraae —The period of time, as selected by the State, during which maintenance services are provided by the Contractor for a fixed monthly charge, as opposed to an hourly charge for services rendered. The Period of Maintenance Coverage consists of the Principal Period of Maintenance and any additional hours of coverage per day, and /or increased coverage for weekends and holidays. k. Maintenance Diagnostic Routines —The diagnostic programs customarily used by the Contractor to test equipment for proper functioning and reliability. I. Facility Readiness Date —The date specified in the contract by which the State must have the site prepared and available for equipment delivery and installation. m. Installation Date —The date specified in the contract by which the Contractor must have the ordered equipment ready (certified) for use by the State. n. Performance Period —A period of time during which the State, by appropriate tests and production runs, evaluates the performance of newly installed equipment and software prior to its acceptance by the State. o. Acceptance Tests -Those tests performed during the Performance Period as listed in the purchase order which are intended to determine compliance of equipment and software with Contractor's published specifications and to determine the reliability of the equipment. p. Machine Alteration Any change to a Contractor - supplied machine which is not made by the Contractor, and which results in the machine deviating from its physical, mechanical, electrical, or electronic (including microcode) design, whether or not additional devices or parts are employed in making such change. q. Attachment -The mechanical, electrical, or electronic interconnection to the Contractor - supplied machine or system of equipment manufactured by other than the original equipment manufacturer and which is not connected by the Contractor. r. Software—An all- inclusive term which refers to any computer programs, routines, or subroutines supplied by the Contractor, including operating software, programming aids, application programs, and program products. s. Ooeratina Software —Those routines, whether or not identified as program products, that reside in the equipment and are required for the equipment to perform its intended function(s), and which interface the operator, other Contractor - supplied programs, and user programs to the equipment. t. Programmina Aids — Contractor - supplied programs and routines executable on the Contractor's equipment which assists a programmer in the development of applications including language processors, sorts, communications modules, data base management systems, and utility routines, (tape -to -disk routines, disk -to -print routines, etc.). u. Application Program —A computer program which is intended to be executed on the Contractor's equipment for the purpose of performing useful work for the user of the information being processed. Application programs are usually developed or otherwise acquired by the user of the hardware /software system, but they may be supplied by the Contractor. V. Program Product — Programs, routines, subroutines, and related items which are proprietary to the Contractor and which are licensed to the State for its use, usually on the basis of separately stated charges and appropriate contractual provisions. w. Software Failure —A malfunction in the Contractor - supplied software, other than operating software, which prevents the accomplishment of work, even though the equipment (including its operating software) may still be capable of operating properly. For operating software failure, see definition of equipment failure. Revision 9/5/96 Page 12 of 12 0 113 NOTE: The insurance section listed below is from the City Attorney's standard professional services agreement. It will be listed on the face of the Purchase Order cut to Ani.zter. A. Insurance Requirements. Consultant shall provide and maintain insurance acceptable to the City Attorney in full force and effect throughout the term of this -10- LAX2 : 17 54 64.1 0 114 Agreement, against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by Consultant, its agents, representatives or employees. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII. Consultant shall provide the following scope and limits of insurance: (1) Minimum ScQge of Insurance. Coverage shall be at least as broad as: (a) Insurance Services Office form Commercial General Liability coverage (Occurrence Form CG 0001) . (b) Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, including code 1 "any auto" and endorsement CA 0025, or equivalent forms subject to the written approval of the City. (c) Workers' Compensation insurance as required by the Labor Code of State of California and Employer's Liability insurance and covering all persons providing services on behalf of the Consultant and all risks to such persons under this Agreement. LAX2:175464.1 -11- 0 115 (d) Errors and omissions liability insurance appropriate to the Consultant's profession. (2) Minimum Limits of Insurance. Consultant shall maintain limits of insurance no less than: (a) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the activities related to this Agreement or the general aggregate limit shall be twice the required occurrence limit. (b) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. (c) Workers' Compensation and Employer's Liability: Workers' Compensation as required by the Labor Code of the State of California and Employers Liability limits of $1,000,000 per accident. (d) Errors and Omissions Liability: $1,000,000 per occurrence. LM2: 175464.1 -12 0 116 B other Provisions. Insurance policies required by this Agreement shall contain the following provisions: (1) All Policies. Each insurance policy required by this paragraph 15 shall be endorsed and state the coverage shall not be suspended, voided, canceled by the insurer or either party to this Agreement, reduced in coverage or in limits except after 30 days' prior written notice by Certified mail, return receipt requested, has been given to the City. (a) City, its officers, officials, and employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities Consultant performs, products and completed operations of Consultant; premises owned, occupied or used by Consultant, or automobiles owned, leased or hired or borrowed by Consultant. The coverage shall contain no special limitations on the scope of protection afforded to City, its officers, officials, or employees. (b) Consultant's insurance coverage shall be primary insurance as respect to City, its officers, LAX2:175464.1 -13- 0 117 LAX2:175464.1 officials, and employees. Any insurance or self insurance maintained by City, its officers, officials,or employees shall apply in excess of, and not contribute with, Consultant's insurance. (C) Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (d) Any failure to comply with the reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, or employees. Liability Coverage. Unless the City Manager otherwise agrees in writing, the insurer shall agree to waive all rights of subrogation against City, its officers, officials, employees and agents for losses arising from work performed by Consultant for City. C. Other Requirements. Consultant agrees to deposit with City, at or before the effective date of this contract, certificates of insurance necessary to satisfy City -14- 0 118 that the insurance provisions of this contract have been complied with. The City Attorney may require that Consultant furnish City with copies of original endorsements effecting coverage required by this Section. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. City reserves the right to inspect complete, certified copies of all required insurance policies, at any time. (1) Consultant shall furnish certificates and endorsements from each subcontractor identical to those Consultant provides. (2) Any deductibles or self- insured reten- tions must be declared to and approved by City. At the option of the City, either the insurer shall reduce or eliminate such deductibles or self - insured retentions as respects the City, its officers, officials, and employees; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims. (3) The procuring of such required policy or policies of insurance shall not be construed to limit Consultant's liability hereunder nor to fulfill the LAX2:175464.1 -15- 0 119 indemnification provisions and requirements of this Agreement. LAX2:175464.1 -16- NO EL SEGUNDO CITY COUNCIL MEETING DATE: September 16, 1997 AGENDA ITEM STATEMENT AGENDA HEADING: Unfinished Business AGENDA DESCRIPTION: Adoption of a Resolution pursuant to City Council direction on September 2, 1997, upholding the applicant's appeal, thereby Approving Environmental Assessment EA -393 and Conditional Use Permit CUP 96 -6, to allow an existing Freight Forwarder to continue its business operations within an existing 7,820 gross square foot building (7,701 net square feet) in the Smoky Hollow Small Business (SB) Zone, located at 129 Sierra Street. Applicant and Appellant: Mr. Mas Takahashi [TAS Air Cargo (USA) Inc.]. Property Owners: Carl and Barbara Knutson, Harry Anderson. RECOMMENDED COUNCIL ACTION: 1) Reading of Resolution by title only; and, 2) By motion, adopt Resolution. INTRODUCTION, BACKGROUND AND DISCUSSION: The City Council, at its September 2, 1997 meeting, held a continued public hearing, reviewed the facts and required findings related to Environmental Assessment EA -393 and Conditional Use Permit CUP 96 -6, and reviewed additional findings and information provided by the Planning Commission, after its second review of the project, as requested by the City Council. At its last meeting, the Council overturned the Planning Commission's original decision to Deny the project (as a result of a tie -vote) and affirmed the Commission's subsequent recommendation to approve the project after the Variance application was withdrawn, thereby Approving the referenced project. The attached Resolution is for Council's adoption. ATTACHED SUPPORTING DOCUMENTS: 1) City Council Resolution No. FISCAL IMPACT: (Check one) Operating Budget: Capital Improv. Budget: Amount Requested: Project/Account Budget: None Project/Account Balance: Date: Account Number: Project Phase: Appropriation Required - Yes No ORIGINATED: / l Date: September 5, 1997 1 Bret B. Berr4rr , A P, Di ector of tannin and Building Safet REVIEWE(6 71 Date: �-Z/�- 1.7 Ma ACTION T p:\ projects \ea- 393\appeal \ea393cc3.sr 0 120 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, UPHOLDING THE APPEAL OF THE PLANNING COMMISSION DENIAL OF ENVIRONMENTAL ASSESSMENT EA -393 AND CONDITIONAL USE PERMIT CUP 96- 6, THEREBY APPROVING THE PROJECT, TO ALLOW AN EXISTING FREIGHT FORWARDER TO CONTINUE ITS BUSINESS OPERATIONS WITHIN AN EXISTING 7,820 GROSS SQUARE FOOT BUILDING IN THE SMOKY HOLLOW SMALL BUSINESS (SB) ZONE AT 129 SIERRA STREET. PETITIONED BY: MR. MAS TAKAHASHI, REPRESENTATIVE FOR TAS AIR CARGO (USA) INC. WHEREAS, on August 8, 1996, applications were received from TAS Air Cargo (USA) Inc., requesting approval of an Environmental Assessment, Conditional Use Permit and Variance to allow an existing freight forwarding business to continue its operation within an existing 7,820 gross square foot building (7,701 net square feet) and to allow a reduction of three (3) required off - street parking spaces on the site, in the Smoky Hollow Small Business (SB) Zone at 129 Sierra Street; and, WHEREAS, an inter - departmental correspondence was prepared and circulated along with the applications and plans for the proposed use, for inter - departmental comments; and, WHEREAS, the Planning Commission reviewed the applications and supporting evidence with the authority and criteria contained in the California Environmental Quality Act, State CEQA Guidelines, and the City of El Segundo Guidelines for the Implementation of the California Environmental Quality Act (Resolution No. 3805); and, WHEREAS, on January 30, 1997, the Planning Commission did hold, pursuant to law, a duly advertised public hearing on such matter in the Council Chamber of the City Hall, 350 Main Street, and notice of the public hearing was given in the time, form and manner prescribed by law; and, WHEREAS, at said hearing, opportunity was given to all persons present at the Commission meeting to speak for or against the findings of Environmental Assessment EA -393, Conditional Use Permit CUP 96 -6 and Variance VAR 96 -5; and, WHEREAS, at said hearing, the Planning Commission Denied Environmental Assessment EA -393, Conditional Use Permit CUP 96 -6 and Variance VAR 96 -5 as a result of a tie -vote on the Conditional Use Permit, and a 0 -4 vote on the Variance; and WHEREAS, on February 6, 1997, an appeal of the Planning Commission's Denial of Environmental Assessment EA -393, Conditional Use Permit CUP 96 -6 and Variance VAR 96 -5 was filed by Mr. Mas Takahashi, Representative for TAS Air Cargo (USA) Inc., within the ten (10) day appeal period after the January 30, 1997 Planning Commission meeting; and, WHEREAS, on April 28, 1997, the applicant withdrew the Variance application after the applicant recalculated the net floor area of the office, warehouse and storage uses of the building, 0 121 and redesigned the parking lot layout to provide the required number of off - street parking spaces (13 spaces required, 15 provided); and, WHEREAS, on July 15, 1997, the City Council did hold, pursuant to law, a duly advertised public hearing of the appeal in the Council Chamber of the City Hall, 350 Main Street, and notice of the hearing was given in time, form and manner prescribed by law; and, WHEREAS, at said hearing, opportunity was given to all persons present at the meeting to present testimony or documentary evidence for or against the findings of Environmental Assessment EA -393 and Conditional Use Permit CUP 96 -6; and, WHEREAS, at said hearing, the City Council directed Staff to refer this project back to the Planning Commission to obtain additional information since the appeal no longer included the Variance application, and the Council continued the public hearing on the appeal to September 2, 1997; and, WHEREAS, on August 14, 1997, the Planning Commission did hold, pursuant to law, and as requested by the City Council, a duly advertised public hearing on such matter in the Council Chamber of the City Hall, 350 Main Street, and notice of the public hearing was given in the time, form and manner prescribed by law; and, WHEREAS, at said hearing, the Planning Commission provided additional information and recommended that the Council consider approval of the project with conditions on a 2 -0 -1 vote; and, WHEREAS, on September 2, 1997, the City Council did hold, pursuant to law, a duly advertised continued public hearing of the appeal in the Council Chamber of the City Hall, 350 Main Street, and notice of the continued hearing was given in time, form and manner prescribed by law; and, WHEREAS, at said hearings the following facts were established: The proposed project is to allow an existing freight forwarder, currently operating without City approval, to continue its business operations within an existing 7,820 gross square foot building (7,701 net square feet), located in the Smoky Hollow Small Business (SB) Zone. 2. Thirteen (13) parking spaces are required on the 11,440 square foot site (80 feet wide x 143 feet deep) and fifteen (15) parking spaces will be provided (6 spaces in the front and 9 spaces in the back). Furthermore, there are 3 loading doors - 2 dock -high doors and 1 (unpermitted) drive -in dock door. 3. The building was formerly used by Ameritel for wholesale distribution and retail sales of telecommunication equipment, and, prior to that, by Concordia, an international freight forwarder. The prior occupants had 12 and 11 employees respectively, whereas the proposed use has only five (5) employees. 4. Approximately 5,391 square feet of the two -story building is used for warehousing and approximately 2,310 square feet is used for office space. 2 r 1 ?7_ 5. The proposed use would generate approximately 30 -38 vehicular daily trips ends. Of these trips, 3 -5 trips would be generated by 20 -24 foot trucks, and 1 trip per month would be generated by a 40 -foot truck. 6. The site is surrounded by a commercial bakery to the north, a freight forwarder to the south, a manufacturing business to the east (across Sierra Street) and a commercial launderer to the west (across the alley). 7. The lot is relatively flat and is accessed from the alley and from Sierra Street. NOW, THEREFORE, BE IT RESOLVED that after considering the above facts of proposed Environmental Assessment EA -393 and Conditional Use Permit CUP 96 -6, the City Council makes the following findings and in so doing, Approves the proposed project: 1. The proposed project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) under Section 15301, Class 1(a), as an existing facility with no expansion, and Resolution 3085 as a ministerial exemption. 2. That when considering the whole record, there is no evidence that the project will have the potential for an adverse effect on wildlife resources or the habitat on which the wildlife depends, because the project is in a built out urban environment. 3. That the City Council hereby authorizes the Director of Planning and Building Safety to file with the appropriate agencies a Certificate of Fee Exemption and De Minimus Impact Finding pursuant to AB 3158 and the California Code of Regulations. As approved for in AB 3158, the statutory requirements of CEQA will not be met and no vesting shall occur until this condition is met and the required notices are filed with the County. The proposed location of the conditional use is in accord with the objectives of this title and the purposes of the zone in which the site is located, since the neighborhood surrounding the project site and along Sierra Street is predominantly developed with small industrial and manufacturing buildings with related offices, including a few small freight forwarders. The proposed use is consistent with the intent and purpose of the Small Business (SB) Zone (as established in Section 20.42.010 of the El Segundo Municipal Code) which encourages the perpetuation of small and light industrial activities and is compatible with the surrounding land uses; and, 2. The proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity, since the proposed use is not anticipated to result in the creation of any new hazards which would be detrimental to the public health, safety, or welfare; or, be injurious to other properties in the vicinity. Furthermore, the project site is surrounded by similar uses which are allowed in the zone, and the use is less intense than the previous two businesses which occupied the site, the 3 0 123 truck traffic volume generated by the facility is minimal and, adequate on -site parking and loading facilities are provided. 3. The proposed conditional use will comply with each of the applicable provisions of this Chapter since the existing building met all of the applicable development standards for the Light- Manufacturing (M -1) Zone when it was constructed in 1977 as an industrial building. Furthermore, the project site provides the required number of parking spaces as dictated by the Zoning Code. 1. The site is designated and zoned SB (Small Business) in the Smoky Hollow Specific Plan area, which permits freight forwarding uses with approval of a Conditional Use Permit (Section 20.42.040(8) of the El Segundo Municipal Code). SECTION 1. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby upholds the appeal thereby overturning the Planning Commission's decision and approving Environmental Assessment EA -393 and Conditional Use Permit CUP 96 -6 subject to the following conditions: 1. Failure to comply with any of these conditions will result in the immediate initiation of revocation of this Conditional Use Permit, pursuant to Section 20.74.170 of the El Segundo Municipal Code. 2. The applicant shall obtain a building permit for the unpermitted drive -in dock door at the rear of the building within 30 days of this approval, and shall obtain a "final" on the permit within 30 days after the permit is issued. 3. Total vehicular trips on the site shall be limited to a maximum of 40 -45 vehicular trip ends per day. 4. At six (6) months after project approval, the Director of Planning and Building Safety shall review the total impacts of the business operation. The review shall identify compliance with conditions of approval. The applicant shall submit any studies or information deemed necessary by the Department of Planning and Building Safety to confirm compliance with the conditions of approval. The project review shall include traffic counts for the project site and the applicant shall deposit a dollar amount (to be determined by the Director of Planning and Building Safety) into a specified Trust Deposit Account, which shall be used to pay for the traffic count study. The City reserves the right to choose the traffic consultant, and have the study prepared, paid for by the funds deposited by the applicant in the Trust Deposit Account. Additionally, any unanticipated impacts may be reviewed and additional conditions placed upon the project in order to mitigate any additional unforseen project impacts. 5. The parking spaces shall be restriped by the applicant according to the approved site plan, within 30 days of this approval. 6. All previous and current building improvements shall have valid Building Permits and /or Police and Fire Inspections, as deemed necessary by the Director of Planning and Building Safety, within 30 days of this approval. 7. The applicant shall indemnify, defend, protect, and hold harmless the City, its elected and appointed officials, officers, agents and employees from and against any and all claims, actions, causes of action, proceedings or suits which challenge or attack the validity of the City's approval of Environmental Assessment EA -393 and Conditional Use Permit CUP 96 -6. 4 0 124 SECTION 2. The City Clerk shall certify to the passage and adoption of this resolution; shall cause the same to be entered in the book of original resolutions of said City; and shall make a minute of the passage and adoption thereof in the records if the proceedings of the City Council of said City, in the minutes of meeting which the same is passed and adopted. PASSED, APPROVED AND ADOPTED this 16th day of September 1997. ATTESTED: Cindy Mortesen City Clerk (SEAL) APPROVED AS TO FORM: Mark D. Hensley City Attorney 19 Sandra Jacobs, Mayor Of the City of El Segundo, California P:\projects\ea393\appeal\ea393ccl.res 0 125 EL SEGUNDO CITY COUNCIL MEETING DATE: September 16, 1997 AGENDA ITEM STATEMENT AGENDA HEADING: Boards & Commissions AGENDA DESCRIPTION: Request from Senior Housing Board to City Council to approve the transfer of $2,350 from the reserve account to the contingency account and approve expenditures from the contingency for replacement of plumbing angle stops and painting exterior trim and rails. RECOMMENDED COUNCIL ACTION: 1. Approve the transfer from the reserve account to the contingency account in the amount of $2,350. 2. Approve painting of trim and rails at a cost of $6,900. 3. Approve replacing plumbing angle stops in all apartment units at a cost of $5,665. INTRODUCTION AND BACKGROUND: The Senior Housing Board, at their September board meeting, passed unanimously to request City Council approval to transfer $2,350 from the reserve account to the contingency account, to cover needed building repairs. In addition, the board requests council approval on necessary expenditures for plumbing and painting repairs and maintenance. DISCUSSION: With approval to proceed with the plumbing and painting project indicated at Park Vista, the contingency account will be over expended by $890. To cover these costs, the Board requests a transfer from the reserve account to the contingency account in the amount of $2,350. This transfer will enable the Board to continue to maintain a minimal balance and cover upcoming projected expenditures. The plumbing project replaces angle stops in all bathroom and kitchen units. This replacement is necessary due to the deterioration of existing angle stops which have caused difficulty in turning off values. The painting of the building trim and rails is also needed due to deterioration. The obvious fading, chipping and peeling of exposed areas is extreme and needs to be refurbished. ATTACHED SUPPORTING DOCUMENTS: FISCAL IMPACT: (Check one) Operating Budget: x Capital Improv. Budget: Amount Requested: Project/Account Budget: Project/Account Balance: Date: Account Number: Project Phase: Appropriation Required - Yes_ No ORIGINATED: Date: September 8, 1997 4r�eemjan, Chairman A N TA 97916pv.srb 9 -08 -9 7 2:15 p.m. Date: ZENE 1 0 m s 1 J I I I i I- I I � I < I • y M • • a V 7 0 1 I i i I I -C 0 � O � v A A •c A r�A � y rN w A •e � a 0 oy n A ■ A j r n �•w M •+ y . w r w •- WZ A r -r ni 7 y � < n • • j r r � VI .- � N t7 1 N i i I � Nr• � O O b I i •.. w i O O «•+ 7 • a r w M • c y V Y ■ • A z • n A �. o 4 I 1 0 A O C A c 0 r M r O 0 � O r+ 6 t 1 r Z > 1m Tm r> or N •- w M •11 72 > O • •% z x ° w r > 0 6 N n .« o � y 0 o r �c r r • n wv • o� a r ~� n C M • 1 p O • � A • Iii r r < < nr r w r r A w a 0 • w r m r N I • d A a o I I j ° t f I 1 w w > C i z Oz r m .� I ms F eT n C I 1 W • o m MN I 30 -4.4 -10+ e+NNa W I r - r r r0 >+ Z.0 O O O O O O O ICD NW Wr Vl- �i1Pa1Or•001T� C l i I 2.6 • > -- A o• olnln>cr�matTn22T7t� »1nn w cxxo.«o0» > <O7oMo11 W-Im s 1n m m 7: « ZzmM+,v zr-im •1 . -tomm n °Ova zo :;)0; A . w w > s m »a, moc_roo . mm>or o cnprmn -49; :O 2z ••gym "mo mmmo Nrcn =sv�.Tr nv c <-1 •-1 V z ^'1277 -�►. >Z m -•-Z>v mcam2rc — <owwmoco - o1-'r4IT-4o A Apm > 3 °ziTZm � > >C °TOFr mmc rz � -z -) - v ° mcc<mm -1 Z " 30 -4 WC- cZZm ' z o- ++•>Zo �1 ° °►`• cc OZ -4 1 I Z z Z "Z > Uf °Cc O O°c j z yl -1 m mmz i OT m ! 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H m j zT ' 1 m i > T j NZ 1► � M < O M�MIV N 0 M � 11111 .1 I T Nwo1D C M� M• M P - M• z j ONIUr# W w m W 000%Dm0Nr #N N ° AL0ro VIO+VIVIN #Nde -III j NOo- — opoNCo.o��VINO0oV1co•+ j O WO -o 0 0 0 W O m 00•+•+ o e-+1 r0 mwC,m - -W 0vsC.00— wwo0•4IE a j I I I � I j N N i i I # 1 i I I I i I 0 V N. 4 m i o I T > O < r 1A m '° I 4 m T 2 In m �i m 70 jb, a 0 o ao o +o v CITY OF EL SEGUNDO PAYMENTS BY WIRE TRANSFER 08/26197 THROUGH 09109/97 Date Payee Amount Description 9/2/97 First Trust 71,321.25 Assmnt Dist. # 73 payment 9/5/97 IRS 142,663.74 Federal Payroll Taxes P/R # 5 9/5/97 Emp. Dev. Dept. 27,547.79 State Payroll Taxes P/R # 5 9/8/97 Fereral Reserve 400.00 Emp. Bond Purchase P/R # 5 Total by Wire: 241,932.78 DATE OF RATIFICATION: 09/16/97 TOTAL PAYMENTS BY WIRE: 241,932.78 Certified as to the accuracy of the Wre transfers by City Treasurer Z Date VA / /7 Finai City Date C/l v"? 7 Date �Q Information on actual expenditures is available in the City Treasurer's Office of the City of El Segundo. n 198 DRAFT MINUTES OF THE ADJOURNED REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL Tuesday, September 2, 1997 - 5:00 P.M. CALLED TO ORDER by Mayor Jacobs at 5:03 p.m. PLEDGE OF ALLEGIANCE - led by Mayor Pro Tern Nancy Wernick ROLL CALL Mayor Jacobs Mayor ProTem Wernick Councilwoman Friedkin Councilman Weston Councilman Gordon Present Present Present Present arrived at Present arrived at PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit per person, 30 minute limit total.) Individuals who have received value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so identify themselves prior to addressing tine City Council. Failure to do so shall be a misdemeanor and punishable by a fine of $250. NONE CLOSED SESSION: The City Council moved into a closed session pursuant to applicable law, including the Brown Act (Government Code §54950, et sec.) for the purposes of conferring with the City's Real Property Negotiator; and /or conferring with the City Attorney on potential and /or existing litigation; and /or discussing matters covered under Gov't Code §54957 (Personnel); and /or conferring with the City's Labor Negotiators as follows: CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Gov't Code §54956.9(a)) Siadek et al. V. City of El Segundo, LASC Case No. YCO25264 Rinebold /Hawk v. City of El Segundo, LASC Case No. YCO25220 Mosleh and Greffon v. City of El Segundo, LASC Case No. YC 025903 Helm v. City of El Segundo, Inglewood Case No. 97SO2170 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Gov't Code §54956.9(b): -1- potential cases (no further public statement is required at this time); Initiation of litigation pursuant to Gov't Code §54956.9(c): -16- matters. DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957). None. CONFERENCE WITH CITY'S LABOR NEGOTIATOR - (Gov't Code §54957.6) - Management; Mid - Management & Confidential Employees (City Manager, Negotiator). CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8) Meet with Negotiator regarding acquisition of a strip of land owned by Chevron along the easterly boundary known as Assessor Parcel 4138 -16 -06 and a strip of land owned by Allied Signal along the westerly boundary known as Assessor Parcels 4138- 15 -13, 4138 -15 -14 and 4138 -15 -21 as additional right -of -way in connection with the Sepulveda Boulevard widening project. REPORT OF ACTION TAKEN IN CLOSED SESSION (if required) DRAFT PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit) Individuals who have received value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so identify themselves prior to addressing the City Council. Failure to do so shall be a misdemeanor and punishable by a fine of$25o. NONE ADJOURNED at 6:55 p.m. Cindy Mortesen, City Clerk 2 0 130 MINUTES OF THE REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, SEPTEMBER 2, 1997 - 7:00 P.M. Next Resolution #4032 Next Ordinance #1277 CALLED TO ORDER by Mayor Jacobs at 7:08 p.m. INVOCATION - given by Pastor Dennis Estill, El Segundo Foursquare Church PLEDGE OF ALLEGIANCE - led by Mayor ProTem Nancy Wernick PRESENTATIONS - NONE ROLL CALL Mayor Jacobs - Present Mayor ProTem Wernick - Present Councilwoman Friedkin - Present Councilman Weston - Present Councilman Gordon - Present PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit per person, 30 minute limit total) Individuals who have received value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so identify themselves prior to addressing the City Council. Failure to do so shall be a misdemeanor and punishable by a fine of $250. Four (4) individuals addressed the City Council. Arron Renerick, Public Relations, Air Force Base. announced the open house to be held on Sunday from 10 AM - 4PM. 3. Request by The Kenny Nickelson Memorial Foundation for Homeless Veterans, Inc. to conduct a linen yard sale on Saturday, November 8, 1997 from 8 a.m. to 3 p.m. in the City parking lot located at Mariposa and Main Streets to generate funds for KNMF activities for the homeless in Los Angeles and the South Bay. The City allowed similar sales to be held by KNMF at the same location on December 14, 1996 and April 19, 1997. MOVED by Councilman Gordon SECONDED by Mayor ProTem Wernick to approve the request by The Kenny Nickelson Memorial Foundation for Homeless Veterans, Inc. to conduct a linen yard sale on Saturday, November 8, 1997 from 8 a.m. to 3 p.m. in the City parking lot located at Mariposa and Main Streets to generate funds for KNMF activities for the homeless in Los Angeles and the South Bay. The City allowed similar sales to be held by KNMF at the same location on December 14, 1996 and April 19, 1997. MOTION WITHDRAWN Council consensus to request the organization to form a chapter in El Segundo and then return with their request. David Reeves, resident; spoke about the South Bay Cable Ace awards and announced the awards won by El Segundo Community Cable and himself. 4. Father Alexei, representing Kiwanis and the Chamber of Commerce requested for Council 0 131 approval of a one -day bingo permit for the Kiwanis Club at the 1997 Richmond Street Fair to be held on Saturday, October 11, 1997 from 10:00 a.m. to 5:00 p.m. MOVED by Councilman Gordon SECONDED by Mayor ProTem Wernick to approve the request for Council approval of a one -day bingo permit for the Kiwanis Club at the 1997 Richmond Street Fair to be held on Saturday, October 11, 1997 from 10:00 a.m. to 5:00 p.m. MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0 5. Request by Alan Sharp of Heal the Bay for City support on Coastal Clean -Up Day on September 20, 1997 at El Segundo and Dockweiler Beaches by providing certain equipment at the two sites. No representation on this item. A. PROCEDURAL MOTIONS Consideration of a motion to read all ordinances and resolutions on this Agenda by title only. MOVED by Councilwoman Friedkin SECONDED by Mayor ProTem Wernick to read all ordinances and resolutions on this Agenda by title only. MOTION PASSED BY UNANIMOUS VOICE VOTE. 510 City Attorney Mark Hensley announced the following settlements: Hawk v City of El Segundo and Steenson v City of El Segundo B. SPECIAL ORDERS OF BUSINESS - Continued public hearing and Appeal of the Planning Commission's decision to Deny (as a result of a tie -vote) a Conditional Use Permit (CUP) to allow an existing freight forwarding business (currently operating without City approval) to continue its operation within an existing 7,820 (gross) square feet building (7,701 net square feet), at 129 Sierra Street (between El Segundo Boulevard and Franklin Avenue) in the Small Business (SB) Zone. Freight forwarding uses require approval of a Conditional Use Permit in the Small Business (SB) Zone (EA -393 and CUP 96 -6). Applicant and Appellant: Mas Takahashi (TAS Air Cargo (USA) Inc.). Property Owners: Carl E. Knutson, Harry Anderson. Mayor Jacobs stated this is the time and place hereto fixed for a continued public hearing and Appeal of the Planning Commission's decision to Deny (as a result of a tie -vote) a Conditional Use Permit (CUP) to allow an existing freight forwarding business (currently operating without City approval) to continue its operation within an existing 7,820 (gross) square feet building (7,701 net square feet), at 129 Sierra Street (between El Segundo Boulevard and Franklin Avenue) in the Small Business (SB) Zone. Freight forwarding uses require approval of a Conditional Use Permit in the Small Business (SB) Zone (EA -393 and CUP 96 -6). Applicant and Appellant: Mas Takahashi (TAS Air Cargo (USA) Inc.). Property Owners: Carl E. Knutson, Harry Anderson. She asked if proper notice was done in a timely manner and if any written communications had been received. Clerk Mortesen stated that proper notice was done and no written communications had been received. Bret Bernard gave a brief staff report. Council consensus to close the public hearing. MOVED by Councilman Gordon SECONDED by Councilman Weston to approve appeal of the Planning Commission's decision to Deny (as a result of a tie -vote) a Conditional Use Permit (CUP) to allow an existing freight forwarding business (currently operating without City approval) to continue its operation 2 0 132 within an existing 7,820 (gross) square feet building (7,701 net square feet), at 129 Sierra Street (between El Segundo Boulevard and Franklin Avenue) in the Small Business (SB) Zone. Freight forwarding uses require approval of a Conditional Use Permit in the Small Business (SB) Zone (EA -393 and CUP 96 -6). The owner and tenant agree to comply with all violations and conditions of the CUP, or the City will revoke the CUP MOTION PASSED BY THE FOLLOWING VOICE VOTE. AYES: MAYOR JACOBS, COUNCILMAN GORDON, COUNCILMAN WESTON. NOES: MAYOR PROTEM WERNICK AND COUNCILWOMAN FRIEDKIN. 312 The City Attorney and City Manager were directed to investigate penalties, other than business closure (revocation of CUP), for violations and non - compliance of CUPs and make recommendations to the Council. C. UNFINISHED BUSINESS - Second reading and adoption of an Ordinance of the City of El Segundo, California authorizing an amendment to the contract between the City Council of El Segundo and the Board of Administration of the Public Employees Retirement System that provides Section 21574 (Fourth Level of 1959 Survivor Benefits) for local Police Safety members as required by the El Segundo Police Officer's Association 1997 -2000 Memorandum of Understanding. Fiscal Impact: The current surplus of assets in this benefit account is projected by PERS to be sufficient to pay the employer cost for 25 years. City Attorney Mark Hensley read the following: ORDINANCE NO. 1277 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF EL SEGUNDO AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM MOVED by Councilwoman Friedkin SECONDED by Mayor ProTem Wernick to adopt Ordinance No. 1277 authorizing an amendment to the contract between the City Council of El Segundo and the Board of Administration of the Public Employees Retirement System that provides Section 21574 (Fourth Level of 1959 Survivor Benefits) for local Police Safety members as required by the El Segundo Police Officer's Association 1997 -2000 Memorandum of Understanding. Fiscal Impact: The current surplus of assets in this benefit account is projected by PERS to be sufficient to pay the employer cost for 25 years. MOTION PASSED BY UNANIMOUS VOICE VOTE. 510 D. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS - 1. Reschedule interviews of candidates to the Capital Improvement Program Advisory Committee, Community Cable Advisory Committee, Investment Advisory Committee, Planning Commission, and Senior Citizen Housing Corporation Board. Council consensus to schedule September 13, 1997 at 9:00 A.M. for Interviews E. CONSENT AGENDA All items listed are to be adopted by one motion without discussion and passed unanimously. If a call for discussion of an item is made, the item(s) will be considered individually under the next heading of business. 0 133 3 Warrant Numbers 241058 - 241341 on Demand Register Summary Number 05 in total amount of $647,710.13, and Wire Transfers in the amount of $164,146.99. City Council meeting minutes of August 19, 1997. 3. ITEM PULLED FOR DISCUSSION BY MAYOR PROTEM WERNICK 4. Award of Contract No. 2539 for the refurbishment of the Joslyn Center Elevator in Recreation Park (contract amount = $28,932.00) to Amtech Elevator Services. Authorize a reallocation of $10,00 from the Facilities Maintenance Fund project to water seal Fire Station No. 2 to the Joslyn Center Elevator refurbishment project. 5. Request Council to approve the project to upgrade the Police facility's video camera system, and proceed with the formal bidding process in an amount not to exceed $16,250. 6 ITEM PULLED FROM CONSENT BY CITY MANAGER County -Wide Waste Disposal Siting Element and County Summary Plan. 8. ITEM PULLED FOR DISCUSSION BY MAYOR PROTEM WERNICK MOVED by Councilman Weston SECONDED by Councilman Gordon to approve consent agenda items numbers 1, 2, 4, 5, and 7. MOTION PASSED BY UNANIMOUS VOICE VOTE. 510 CALL ITEMS FROM CONSENT AGENDA 3 Approve contract for financial services support with Government Financial Services (Approximately $48,000 annually). MOVED by Mayor ProTem Wernick SECONDED by Councilwoman Friedkin to approve Contract No. 2538 for financial services support with Government Financial Services (Approximately $48,000 annually). 8. Renewal of the professional services contract with The Compliance Group for professional plan checking services of structural and special high -rise construction projects on an "as- needed" basis. The amount to be paid the Contractor under this agreement is estimated to exceed ten thousand dollars ($10,000); and, therefore requires City Council review and approval. MOVED by Councilman Weston SECONDED by Councilwoman Friedkin to approve Contract No. 2540 with The Compliance Group for professional plan checking services of structural and special high -rise construction projects on an "as- needed" basis. The amount to be paid the Contractor under this agreement is estimated to exceed ten thousand dollars ($10,000); include language in the contract requiring FPPC compliance with Conflict of Interest statements. MOTION PASSED BY THE FOLLOWING VOICE VOTE. AYES: MAYOR JACOBS, COUNCILMAN GORDON, COUNCILMAN WESTON, AND COUNCILWOMAN FRIEDKIN. NOES: MAYOR PROTEM WERNICK. 4/1 F. NEW BUSINESS - CITY MANAGER - The Plans and Specifications for the El Segundo Residential Sound Insulation Program and associated proposed Contractor and Window Supplier Contracts are provided for the Council's review and possible approval. Bret Bernard and Harvey Holder gave brief staff reports. 4 0 134 MOVED by Mayor ProTem Wemick SECONDED by Councilman Weston to approve the plans and specifications of the El Segundo Residential Sound Insulation Program and associated proposed Contractor and Window Supplier Contracts, language to be included in the contract with the homeowners stating they may incur increases in the Federal and /or Property taxes. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 Council requested to be notified of any dispute between owners, the City and /or the contractors. 2. Approval of Work Agreements between the City and Chevron U.S.A. and between the City and AlliedSignal for utility relocation and site remediation in connection with the Sepulveda Boulevard widening. (Fiscal Impact: $1,500,000). MOVED by Councilman Weston SECONDED by Councilman Gordon to approve Contract No. 2541 and 2542 with Chevron U.S.A. and Allied Signal for utility relocation and site remediation in connection with the Sepulveda Boulevard widening. (Fiscal Impact: $1,500,000). MOTION PASSED BY THE FOLLOWING VOICE VOTE. AYES: MAYOR JACOBS, COUNCILMAN GORDON, AND COUNCILMAN WESTON. NOES: MAYOR PROTEM WERNICK AND COUNCILWOMAN FRIEDKIN 3/2 G. NEW BUSINESS - CITY ATTORNEY - NONE H. NEW BUSINESS - CITY CLERK - An Ordinance of the City Council deleting Chapter 2.09, Regulations of Campaign contributions, from the Municipal Code in light of recent State regulations (Proposition 208). 2. Resolution establishing a Voluntary Expenditure Ceiling ( "VEC ") for the April 14, 1998 Municipal Election. These items held over by request of the City Attorney 1. NEW BUSINESS - CITY TREASURER - NONE J. NEW BUSINESS AND REPORTS - CITY COUNCILMEMBERS Councilman Gordon Councilman Weston Spoke regarding the Airport expansion and Master Plan Councilwoman Friedkin - 1. Determine City Council interest in establishing city authority over trees growing in private property front yards. Pulled by Councilwoman Friedkin. Spoke regarding various meetings. Mayor Pro Tern Wernick - 1. Oral status report on the Area Code 310 meeting. Received and Filed, Staff to prepare a letter to the California Public Utilities Commission and the CalNevada Code Administration supporting Plan 5 B. 0 135 5 MOVED by Mayor ProTem Wernick SECONDED by Councilman Weston to approve the plans and specifications of the El Segundo Residential Sound Insulation Program and associated proposed Contractor and Window Supplier Contracts, language to be included in the contract with the homeowners stating they may incur increases in the Federal and /or Property taxes. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 Council requested to be notified of any dispute between owners, the City and /or the contractors. 2. Approval of Work Agreements between the City and Chevron U.S.A. and between the City and AlliedSignal for utility relocation and site remediation in connection with the Sepulveda Boulevard widening. (Fiscal Impact: $1,500,000). MOVED by Councilman Weston SECONDED by Councilman Gordon to approve Contract No. 2541 and 2542 with Chevron U.S.A. and Allied Signal for utility relocation and site remediation in connection with the Sepulveda Boulevard widening. (Fiscal Impact: $1,500,000). MOTION PASSED BY THE FOLLOWING VOICE VOTE. AYES: MAYOR JACOBS, COUNCILMAN GORDON, AND COUNCILMAN WESTON. NOES: MAYOR PROTEM WERNICK AND COUNCILWOMAN FRIEDKIN 3/2 G. NEW BUSINESS - CITY ATTORNEY - NONE H. NEW BUSINESS - CITY CLERK - An Ordinance of the City Council deleting Chapter 2.09, Regulations of Campaign contributions, from the Municipal Code in light of recent State regulations (Proposition 208). 2. Resolution establishing a Voluntary Expenditure Ceiling ( "VEC ") for the April 14, 1998 Municipal Election. These items held over by request of the City Attorney NEW BUSINESS - CITY TREASURER - NONE J. NEW BUSINESS AND REPORTS - CITY COUNCILMEMBERS Councilman Gordon Councilman Weston Spoke regarding the Airport expansion and Master Plan Councilwoman Friedkin - 1. Determine City Council interest in establishing city authority over trees growing in private property front yards. Pulled by Councilwoman Friedkin. Spoke regarding various meetings. Mayor Pro Tern Wemick - 1. Oral status report on the Area Code 310 meeting. Received and Filed, Staff to prepare a letter to the California Public Utilities Commission and the CalNevada Code Administration supporting Plan 5 B. 0 136 5 Mayor Jacobs Spoke regarding the planting of trees along Imperial Hwy., and announced new workshops beginning in September for new and small businesses. MOVED by Councilman Weston SECONDED by Councilman Gordon to discuss and take possible action on an item that rose after the posting of the agenda. MOTION PASSED BY UNANIMOUS VOICE VOTE 510 Council consensus to approve a Resolution similar to the SBCOG Hawthorne resolution opposing triple trailers in California. PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 Minute limit) Individuals who have received value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so identify themselves prior to addressing the City Council. Failure to do so shall be a misdemeanor and punishable by a fine of $25o. No individuals addressed the City Council. MEMORIALS - NONE CLOSED SESSION - NONE ADJOURNED at 10:00 p.m. to September 13, 1997 at 9:00 a.m. Cindy Mortesen, City Clerk 1. 0 137 EL SEGUNDO CITY COUNCIL MEETING DATE: September 16, 1997 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Authorize the City Manager to solicit proposals for a management study of the Finance Department. Estimated Cost: $30,000. RECOMMENDED COUNCIL ACTION: Approve the request of the City Manager and authorize the solicitation of proposals for a management study of the Finance Department. INTRODUCTION AND BACKGROUND: In an effort to prepare the Finance Department for the implementation of the new financial management system, a management study of the department is recommended. The objective of the study is the identification of opportunities to improve the department's use of systems and staff. Attached is a copy of the request for proposals. The item was to be charged against the City Manager's budget, line item 6214, Professional Technical services in the 1996 -97 fiscal year. The balance of these funds, $45,900 were carried over into this budget year. ATTACHED SUPPORTING DOCUMENTS: Request for Proposals FISCAL IMPACT: (Check one) Operating Budget: X Capital Improv. Budget: Amount Requested: $30.000 Project/Account Budget: $52.000 Project/Account Balance: $45.000 Date: 9 -8 -97 Account Number: Project Phase: Appropriation Required -Yes No X ORIGINATED: Date: 9 -8 -97 Jay6e� W. Morrison, City Manager TV ED BY: Date: 9 -8 -97 Morrison, City Manager TION TAKEN: sAfinstudy 0 138 X X X X Dear Mr. X September XX, 1997 The City of El Segundo is interested in receiving proposals for a management audit of its Finance Department. In broad terms, the objective of the study is the identification of opportunities to improve the department's use of staff and systems. The study is timely in that the City has just awarded a contract to acquire a new financial management system. This system is being acquired from Eden Systems. Prior to describing the department and its operations a little about the City. The City is a General Law City that serves a resident population of 16,060. This population figure does not, however, reflect the size of the City organization because the City serves a much larger daytime population. The daytime population is estimated to be in excess of 65,000. This influx of people reflects the major businesses that are located in the City. Some of the larger employers are Hughes, Chevron, Northrup - Gruman, Mattrel, Xerox, and CSC. The City is a full - service community. The only common municipal services contracted for are refuse collection and animal control. The City's total current fiscal year budget is in excess of $51,000,000. The General Fund budget for the year is in excess of $30,000,000. The budget provides for 317 employees. The Finance Department is staffed with 15.1 positions. At this time, a number of these positions are filled by temporary or part-time employees. Attached is the department's current year budget that provides detail on the allocation of staff and the tasks of the department. The City Treasurer position is elected. The budget for this department is also attached so that you can understand the allocation of duties between the Finance Department and the Treasurer's Office. The Treasurer's Office is not a part of this study. The City's financial position is sound. The current fiscal year year end fund balance in the General Fund is estimated to be in excess of $17,000,000. A primary source of revenue to the City is its Business License Tax. This tax is projected to generate over $9,000,000 in revenue to the City this fiscal year. This amount is, however, a substantial decrease from the amount that was collected from businesses prior to the recent economic downturn. The City has been able to maintain its sound economic position because of the Council's conservative fiscal policy. For example, with the economic downturn and decreasing revenues, the City reduced its workforce. Over the past five years, this reduction has amounted to 10% of the workforce. When you combine the revenue raising limitations placed on cities by the electorate with the City Council's policy to reduce costs, efficiency in the City's operations is mandated. With the introduction of the new financial management system mentioned above, it is appropriate to 0 1 3q evaluate the balance of the Finance Department's systems and the allocation of staff to the Department's various duties and responsibilities. If you are interested in submitting a proposal for this study, you are requested to submit a detailed description of the study objectives, as you understand them to be, supported by a description of your work plan and the identification of the consultant team that would be assigned to the study. Your proposal should be submitted to Cindy Mortesen, City Clerk, City of El Segundo, 350 Main Street, El Segundo, California 90245 by 11:00 a.m. on September 30, 1997. Enclosed is a copy of the City's Professional Services Agreement. The successful proposer will be expected to execute this agreement in this form. For questions you may contact James W. Morrison, City Manager by e -mail at jmorison @pacbell.net, at the address noted above or via the telephone at (310) 607 -2226. Sincerely, James W. Morrison City Manager Attachments Finance Department Budget Treasure's Office Budget Sample Professional Services Agreement s: \finrfp 0 140 �W V N K -1 N F N oz F S� od LU V z ►� i ..........i i O F� N � N V N Z a� z ............ z N Z z0 aF mQ U U O" Ud a U m as N � Na UN U a OW Ul U� F i a 4.. a N i y v'! a sLU UZ Fes., tall FF. U U:3 U� am U a °L N LU N y U a Z) t�u � oG z Lu z O =' �m d� oF� 141 CITY OF EL SEGUNDO PRELIMINARY OPERATING BUDGET DEPARTMENT SUMMARY DEPARTMENT FUND i DMSION I DMSION # i Finance General 2501, 2502, 2503 I PROJECTED CLASSIFICATION ACTUAL ADOPTED REVISED YEAR END PROPOSED FY 1995/96 FY 1996/97 FY 1996/97 FY 1996/97 FY 1997/98 Salaries and Benefits: 668,693 793,943 793,943 774,037 970,909 Supplies and Services: 193,070 194,315 194,315 209,173 246,943 Capital Outlay: 0 8,500 8,500 14,500 0 Total Expenditures: 861.763 996.758 996.758 997.710 1.217.852 ACTIVITY INFORMATION Mission Statement: conduct and professionalism which are not only crucial in the accounting industry, but are expected of public The mission of the Finance Department includes five employees in a community such as El Segundo, where elements: to provide citizens, vendors and staff with local government is vital to maintaining a quality of life quality service; to collect all revenue and pay for all superior to that of most communities. goods and services in a timely manner; to maintain accurate records of all financial transactions; to assist the The Finance Department's primary organizational purpose City Council, City Manager and departmental staff with is to provide all the necessary financial services to City budget preparation and financial matters; and to prepare departments. These are provided to departments so that comprehensive and useful budgets and financial municipal services which address the quality of life for statements. residents and a strong foundation for our business community are delivered without delay. Our mission is carried out by a competent, reliable and honest staff which is dedicated to standards of service, p 14Z K -2 CITY OF EL SEGUNDO PRELIMINARY OPERATING BUDGET DEPARTMENT FUND j DIVISION Finance I General Administration CLASSIFICATION Salaries and Benefits: Supplies and Services: Capital Outlay: Total Expenditures: ACTUAL ADOPTED REVISED FY 1995/96 FY 1996/97 FY 1996/97 120,003 176,487 176,487 86,625 78,065 81,615 0 0 0 DIVISION SUNM"Y DMSION # 2501 PROJECTED YEAR END PROPOSED FY 1996/97 FY 1997/98 177,174 176,486 82,433 103,553 0 0 ACTIVITY INFORMATION The Finance Department's Administrative Division is responsible for providing City officials and City staff with financial support services required to achieve their program goals effectively, and to plan, develop, direct and control the fiscal systems, in accordance with legal, operational and management information requirements. Included in the overall responsibility of the Administrative Division is the management of the Business License Division, Payroll Services, Accounts Payable, Accounts Receivable, Water Billing Services, Purchasing, Data Processing, Budgeting and Cashiering Issued an RFP for financial information systems, attended extensive on -site demonstrations by top 3 proposers, conducted site visits and reference checks with cities where the successful bidder is currently used, and will recommend award of a contract for core financial systems. Presented first quarter and mid -year budget reviews including 5 -year forecasts in a format consistent with the annual budget presentation; conducted a community budget workshop in November, and noontime State of the Budget workshops for employees in March. • Published a Comprehensive Annual Financial Report with a clean opinion which has received awards for K -3 excellence in financial reporting from both the California Society of Municipal Finance Officers and the National Government Finance Officers Association. This included the Park Vista Senior Housing Corporation for the first time, necessitating considerable additional analysis since they are not on the same fiscal year. • Compiled and published an award- winning budget as recognized by the California Society of Municipal Finance Officers and the National Government Finance Officers Association. • Provide responsive participation in a management audit and work with the City Manager to implement recommendations to reorganize, as appropriate. • Continue production of award - winning Comprehensive Annual Financial Reports and budgets. • Continue communication sessions on budgeting by the City Council, community and other City employees through quarterly budget reviews and State of the Budget sessions. 0 143 CITY OF EL SEGUNDO PRELIMINARY OPERATING BUDGET PERSONNEL SUMMARY DEPARTMENT FUND DMSION I DIVISION # i Finance General Administration 2501 CLASSIFICATION REVISED ADOPTED REVISED PROPOSED NO. FY 1995/96 LNO. FY 1996/97 FY 1996/97 NO. FY 1997/98 FULL TRAE PERSONNEL Director of Finance 1.0 88,038 1.0 94,269 94,846 1.0 95,809 Secretary 1.0 33,066 1.0 35,103 35,103 1.0 35,103 TOTALS 2.0 121.104 2.0 129.372 129.949 2.0 130.912 OVERTIME 500 500 500 500 SUMMARY OF SALARIES AND FRINGE BENEFITS ACCOUNT i PROJECTED CLASSIFICATION ACTUAL j ADOPTED REVISED YEAR END PROPOSED AND DETAIL FY 1995/96 FY 1996/97 1 FY 1996/97 1 FY 1996/97 FY 1997/98 Full Time Salaries 95,613 129,372 129,949 146,811 130,912 Overtime 27 500 500 500 500 Vac /Sick Pay Termination 1,729 0 0 0 0 Anticipated Salary Savings 0 0 (687) 0 0 Fringe Benefits 22,634 46,615 46,725 29,863 45,074 TOTALS 120.003 176.487 176.487 177.174 176.486 K -4 CITY OF EL SEGUNDO PRELIMINARY OPERATING BUDGET ACCOUNT DETAIL DEPARTMENT Finance FUND General DIVISION Administration DMSION # i i 2501 PROJECTED ACCOUNT DETAIL ACTUAL ADOPTED REVISED YEAR END PROPOSED FY 1995/96 FY 1996/97 FY 1996/97 FY 1996/97 FY 1997/98 SUPPLIES & SERVICES 5201- Office Supplies 3,129 3,200 6,500 8,000 8,000 5204- Operating Supplies 0 0 2,000 500 500 6203 -Copy Machine Charges 4,471 4,000 4,000 4,700 5,000 6204 -City Print Shop 799 600 600 800 800 6207 - Equipment Replacement Chrg 7,605 7,500 7,500 9,542 18,362 6208 -Dues & Subscriptions 1,166 800 800 800 1,000 CSMFO 180 GFOA 150 League of CA Cities 100 Wall Street Journal 135 Pryor Report 105 Econ Press 135 CMTA 65 CFO 130 6211- Insurance & Bonds 125 125 125 125 125 6213- Meetings & Travel 780 1,300 1,300 1,300 1,800 CFOA 800 CSMFO 500 League of CA Cities 300 Monthly meetings 200 6214- Professional/Technical 53,232 40,400 40,400 38,850 50,000 Transient occupancy tax and business license fees compliance audit, computer master planning 6223 - Training & Education 717 750 2,300 2,300 1,350 6224 - Vehicle /Operating Chrg 18 700 400 150 150 6253- Postage 8,218 12,000 9,000 8,500 9,600 6254- Telephone 5,746 6,000 6,000 6,000 6,000 _ 0 145 K -5 CITY OF EL SEGUNDO PRELIMINARY OPERATING BUDGET ACCOUNT DETAIL (Continued) DEPARTMENT FUND DIVISION I DIVISION # Finance General Administration 2501 PROJECTED ACCOUNT DETAIL ACTUAL ADOPTED REVISED YEAR END PROPOSED FY 1995/96 FY 1996/97 FY 1996197 FY 1996/97 FY 1997/98 6260 - Equipment Leasing Costs 619 690 690 866 866 TOTAL SUPPLIES & SERVICES 86.625 78.065 81.615 82.433 103.553 0 146 K -6 CITY OF EL SEGUNDO PRELIMINARY OPERATING BUDGET DIVISION SUMMARY DEPARTMENT FUND DIVISION DIVISION # Finance General Accounting 2502 I PROJECTED CLASSIFICATION ACTUAL ADOPTED REVISED YEAREND PROPOSED j FY 1995/96 FY 1996/97 FY 1996/97 FY 1996/97 FY 1997/98 Salaries and Benefits: 263,298 323,565 323,565 305,325 365,996 Supplies and Services: 35,666 38,600 36,600 35,600 48,400 Capital Outlay: 0 8,500 8,500 14,500 0 Total Expenditures: 298.964 370.665 368.665 355.425 414.396 ACTIVITY INFORMATION The Finance Department's Accounting Division is improved benefits to the employees. responsible for providing an effective general and budgetary accounting system and for performing fiscal • Paid approximately 18,456 invoices with the issuance accounting and reporting tasks to meet City, State and of 8,104 warrants. Federal requirements. In addition, it is the responsibility of this division to provide budget and financial statement • Provided assistance to Park Vista Senior Housing preparation, general ledger accounting, payroll and Corporation on behalf of auditors, alternatives in benefit services, accounts payable processing and various insurance providers, and other financial areas as purchasing functions. needed. The overall objectives of the Accounting Division are to • Conducted a fixed asset study, adjusted fixed asset develop and provide accurate, timely and efficient records and increased the threshold for fixed assets general and budgetary accounting services to the City from $500 to $1,000. Council, City Manager and Department Heads; to meet the accounting and reporting requirements of State and Goals and Objectives for FY 1997/98: Federal agencies; to provide ongoing administration and the processing of payroll and benefits, the procurement Successfully convert the City's payroll system and of materials, supplies and services and the payment of begin conversion of core financial system City obligations. components in general ledger, budgeting, accounts Accomplishments During FY 1996/97: payable, and cash receipts. • Develop procedure manuals for the accounts payable, • Documented, trained, and cross - trained new accounts receivable, utility billing, business license, personnel in a complex payroll system, including the benefits and budgeting functions, and continue cross - successful implementation of new MOUs for both training in all areas. public safety units. • Conduct an additional one or two customer • Provided comprehensive payroll and benefits services satisfaction surveys for key Finance Department in a complex payroll system, including the issuance functions. of 10,080 paychecks; processed 958 employee insurance changes, and updated 575 rate changes. • Strive to maintain an average of 10 working days after month end to prepare accurate interim financial • Successfully converted dental, life, and disability reports. insurance carriers at a cost savings to the City and O Q 147 K -7 CITY OF EL SEGUNDO PRELIMINARY OPERATING BUDGET DEPARTMENT I FUND Finance I General PERSONNEL SUMMARY DIVISION DIVISION # Accounting ! 2502 CLASSIFICATION I NO. F REVISED 1995/ 6 NO. , F 196E97 F 96/97 NO. FY PROPOSED 1997/9-8 FULL TIME PERSONNEL Assistant Finance Director Accounting Manager Budget Analyst/Accountant Payroll Specialist Accounts Specialist SUBTOTALS SALARY REUdBURSEMENT From Prop "A" Transportation Fund 112 From Prop "C" Transportation Fund 114 TOTALS 1.0 64,595 0.0 0 0 0.0 0 0.0 0 1.0 48,194 48,194 1.0 58,088 1.0 52,307 1.0 54,037 54,037 1.0 54,037 1.0 36,783 1.0 36,277 36,507 1.0 37,386 2.0 60,571 2.0 62,796 62,796 2.0 62,76 5.0 214.256 5.0 201.304 201.534 5.0 212.307 (2,092) (2,702) (2,702) (2,702) 0 (5,404) (5,404) (5,404) 5.0 212.164 5.0 193.198 193.428 5.0 204.201 PART TIME PERSONNEL (FTE) Accountant 0.0 0 0.6 27,775 27,775 0.6 28,994 Other Part Time 0.2 8,000 0.0 0 0 0.0 0 TOTALS JLL 27.775 27.775 0.6 28.994 OVERTEWE 2,000 12,000 12,000 12,000 K -8 CITY OF EL SEGUNDO PRELIMINARY OPERATING BUDGET PERSONNEL SUMMARY (Continued) DEPARTMENT FUND DIVISION i DIVISION # Finance General Accounting I 2502 SUMMARY OF SALARIES AND FRINGE BENEFITS ACCOUNT PROJECTED CLASSIFICATION ACTUAL ADOPTED REVISED YEAR END PROPOSED AND DETAIL FY 1995/96 FY 1996/97 FY 1996/97 FY 1996/97 FY 1997/98 Full Time Salaries 214,159 193,198 193,428 215,000 204,201 Part Time Salaries 0 27,775 27,775 27,775 28,994 Overtime 4,246 12,000 12,000 12,000 12,000 Anticipated Salary Savings 0 0 (288) 0 0 Provision for Staffing Reorganization 0 0 0 0 30,989 Fringe Benefits 44,893 90,592 90,650 50,550 89,812 TOTALS 263.298 323.565 323.565 305.325 365.996 0 149 K -9 CITY OF EL SEGUNDO PRELIlVIINARY OPERATING BUDGET ACCOUNT DETAIL DEPARTMENT FUND DIVISION I DMSION # Finance General Accounting 2502 PROJECTED ACCOUNT DETAIL ACTUAL ADOPTED REVISED YEAR END PROPOSED FY 1995/96 FY 1996/97 FY 1996/97 FY 1996/97 FY 1997/98 SUPPLIES & SERVICES 5204- Operating Supplies 3,984 8,500 6,500 6,000 6,800 5206- Computer Supplies 240 500 500 250 250 6201- Advertising /Publishing 2,166 1,500 1,500 1,500 1,500 6204 -City Print Shop 446 750 750 500 500 6208 -Dues & Subscriptions 615 1,000 1,000 1,000 1,000 CSMFO 100 CAPPO 45 NIGP 10 Gov't GAAP 250 APA 125 P/R Manager's letter 175 FLSA Publications 225 Miscellaneous 70 6213- Meetings & Travel 1,462 1,850 1,850 1,850 1,850 League of CA Cities 200 CSMFO annual meeting 500 PERS seminars 300 CAPPO annual meeting 250 Monthly meetings 600 6214- Professional/Technical 25,914 23,000 23,000 23,000 35,000 Annual audit 25,000 Organizational Development and Accounting Services 10,000 6223 - Training & Education 839 1,500 1,500 1,500 1,500 Accounting Manager 375 Budget Analyst/Accountant 375 Accounts Payable 375 Payroll & Benefits 375 TOTAL SUPPLIES & SERVICES 35.666 38.600 36.600 35.600 48.400 CAPITAL OUTLAY 8103 - Capital /Other Improvements 0 8,500 8,500 8,500 0 _ 0 150 (I K -10 CITY OF EL SEGUNDO PRELIMINARY OPERATING BUDGET ACCOUNT DETAIL (Continued) DEPARTMENT FUND DIVISION DIVISION # I Finance General Accounting 2502 PROJECTED ACCOUNT DETAIL ACTUAL ADOPTED REVISED YEAR END PROPOSED FY 1995/96 FY 1996/97 FY 1996/97 FY 1996/97 FY 1997/98 8104 - Capital /Equipment TOTAL CAPITAL OUTLAY 0 0 0 6,000 0 0 8.500 8.500 14.500 0 K -11 0 151 CITY OF EL SEGUNDO PRELIMINARY OPERATING BUDGET DIVISION SUMMARY DEPARTMENT FUND DIVISION DIVISION # Finance General Revenue 2503 PROJECTED CLASSIFICATION ACTUAL ADOPTED REVISED YEAR END PROPOSED I FY 1995/96 FY 1996/97 FY 1996/97 FY 1996/97 FY 1997/98 Salaries and Benefits: 285,392 293,891 293,891 291,538 428,427 Supplies and Services: 70,779 77,650 76,100 90,140 94,990 Capital Outlay: 0 0 0 0 0 Total Expenditures: 356.171 371.541 369.991 381.678 523.417 ACTIVITY INFORMATION The Revenue Division is responsible for the Supported Public Works in monitoring water rates administering, collecting, recording and reporting all and budgetary impacts on reserves. Provided revenues due the City. Revenue sources consist of extensive support during the RFP for Water business license taxes, sales and use tax, transient Operations. occupancy taxes, utility users tax and various other taxes; parking violation penalties; water and sewer Converted Miscellaneous Accounts Receivable to service fees; various fees and charges for permits, user - friendly, PC -based software and the elimination inspections and other services; grants and entitlements of annual proprietary license fees of $1,875. from other government agencies. Activities include account maintenance, billing, cashiering, classifying and In cooperation with the Planning and Building Safety recording transactions; providing electronic data Department, Business License inspections were processing service and support for all City departments; resolved. and forecasting and reporting of City revenues. Regular interaction outside the department is with the public, Goals and Objectives for FY 1997/98: City Council, City management, departmental personnel, auditors, and consultants. • Increase the collection rate of delinquent miscellaneous receivable and water accounts through Accomplishments During FY 1996/97: field inspection. • Increased the City's collection of delinquent business • To develop potential Code revisions related to local license fees and penalties by almost 200%. revenue to present to City Council for consideration at the regular April election (includes site visits to a • Conducted a successful business license renewal and representative sampling of businesses to determine transitioned existing staff to perform this function compliance consistency). despite the retirement of the technician just prior to annual renewal. A Customer Satisfaction Survey Develop procedure manuals for utility billing, was conducted at the renewal time and the results cashiering, accounts receivable, parking citations; were a 94 % satisfaction with the City's service in continue cross - training efforts in all areas. this area. • Supported the Golf Course Subcommittee in developing alternative bonus plan performance incentives. 0 152 K- 12 CITY OF EL SEGUNDO PRELIMINARY OPERATING BUDGET PERSONNEL SUMMARY DEPARTMENT FUND DMSION DIVISION # Finance General Revenue ! 2503 CLASSIFICATION REVISED ADOPTED REVISED PROPOSED NO. FY 1995/96 j NO. FY 1996/97 j FY 1996/97 NO. FY 1997/98 FULL TIME PERSONNEL Assistant Finance Director 0.00 0 1.00 63,947 64,993 1.00 70,211 Information Systems Manager* 0.00 0 0.00 0 0 1.00 59,103 Accountant 1.00 37,193 0.00 0 0 0.00 0 Revenue Inspector ** 0.00 0 0.00 0 0 1.00 40,159 Computer Operator 1.00 35,914 1.00 37,213 37,213 1.00 37,213 Accounting Technician 1.00 33,217 1.00 34,427 34,427 1.00 34,427 Accounts Specialist * ** 2.00 57,824 2.00 59,965 59,965 1.00 32,161 TOTALS 5.00 164.148 100 195.552 196.598 6.00 273.274 PART TOME PERSONNEL (FTE) * ** 0.50 10,000 1.00 19,500 19,500 1.50 43,777 OVERTIME 5,000 5,000 5,000 5,000 * New classification proposed for FY 1997/98. ** One Building Inspector II transferred from Planning and Building Safety as new classification proposed for FY 1997/98. * ** One Accounts Specialist position transferred to part time personnel for FY 1997/98. SUMMARY OF SALARIES AND FRINGE BENEFITS ACCOUNT PROJECTED CLASSIFICATION ACTUAL ADOPTED REVISED YEAR END PROPOSED AND DETAIL FY 1995/96 FY 1996/97 FY 1996/97 FY 1996/97 FY 1997/98 Full Time Salaries 190,479 195,552 196,598 185,000 273,274 Part Time Salaries 41,021 19,500 19,500 53,000 43,777 Overtime 1,449 5,000 5,000 5,000 5,000 Anticipated Salary Savings 0 0 (1,244) 0 0 Fringe Benefits 52,443 73,839 74,037 48,538 106,376 TOTALS 285.392 223,82L 293.891 291.538 428.427 _ 0 153 K -13 CITY OF EL SEGUNDO PRELIMINARY OPERATING BUDGET ACCOUNT DETAIL DEPARTMENT FUND DIVISION DIVISION # Finance General Revenue 2503 i PROJECTED ACCOUNT DETAIL j ACTUAL ADOPTED REVISED ! YEAR END PROPOSED FY 1995/96 FY 1996/97 FY 1996/97 I FY 1996/97 FY 1997/98 SUPPLIES & SERVICES 5204- Operating Supplies 6,475 8,000 8,000 7,000 8,250 5206- Computer Supplies 7,893 7,400 7,400 7,400 7,900 6204 -City Print Shop 1,151 1,500 1,500 1,500 1,500 6208 -Dues & Subscriptions 323 350 350 350 350 AMDPM 150 CMBTA 150 CSMFO 50 6213 - Meetings & Travel 814 1,500 1,500 1,500 1,500 Financial management seminars 600 CMBTA 600 Monthly meetings 300 6214 - Professional /Technical 3,000 3,000 3,000 14,390 14,390 Sales tax audit 6215- Repairs & Maintenance 790 4,000 4,000 2,100 2,200 6217- Software Maintenance 48,980 50,000 50,000 54,000 57,000 6223 - Training & Education 1,353 1,900 350 1,900 1,900 CSMFO training 800 Staff training 500 Data processing 600 TOTAL SUPPLIES & SERVICES 70.779 77.650 76.100 90.140 94.990 0 154 K -14 CITY OF EL' SEGUNDO PRELMINARY OPERATING BUDGET SALARIES (79.7 FINANCE FY 1997/98 BUDGET n A M Vr A l /A f% 'PLIES 20.28% K -15 0 155 CITY OF EL SEGUNDO PRELE UNARY OPERATING BUDGET 0 15G K -16 W �W W �w V 1 W C� (rte' r�I V E -1 a N v �N UQ QU a N W QD W H U 0 157 CITY OF EL SEGUNDO PRELIMINARY OPERATING BUDGET DEPARTMENT SUMMARY DEPARTMENT FUND DIVISION i DIVISION f/ I City Treasurer General City Treasurer i 1201 PROJECTED CLASSIFICATION ACTUAL ADOPTED REVISED YEAR END PROPOSED FY 1995/96 FY 1996/97 FY 1996/97 FY 1996/97 FY 1997/98 Salaries and Benefits: 96,237 108,637 108,637 101,168 110,191 Supplies and Services: 18,182 21,935 21,935 19,535 21,588 Capital Outlay: 1,777 0 0 0 0 Total Expenditures: 116.196 130.572 130.572 120.703 131.779 ACTIVITY INFORMATION The office of the City Treasurer is an elective office whose mission is to receive and safely keep all money coming into the City, complying with all laws governing the deposit and investment of said funds. • During the fiscal year of 1996/97, the City's idle funds were invested in accordance with the Investment Policy of the City, reviewed quarterly by the Investment Advisory Committee, and generated an average yield in excess of the 6 -month T -bill. • All securities transactions cleared through our Custodial agent with no failed transactions. • Cash management provided sufficient liquidity to meet operational needs. • Deposit of funds received was conducted in a timely manner to minimize loss of interest- earning capability of said funds. • Returned items were handled promptly with 90% of Rinds collected within two weeks. • Account payable checks and payroll checks were disbursed in a timely manner as prescribed by City policy. • Both Treasurer and Deputy Treasurer attended seminars and conferences sponsored by relevant E -2 professional organizations in order to keep current with proposed and enacted legislation and to enhance knowledge and skills relative to investment and cash management. • Revised City's investment policy to be consistent with changes to relevant Government Code sections governing investments by local agencies. Invest the City's idle funds in a manner that will provide a return while ensuring both the preservation of capital and the liquidity necessary to meet the operating requirement of the City as follows: • Ensure that the City's idle funds are invested in accordance with the investment policy of the City and are reviewed quarterly by the Investment Advisory Committee and the City's auditors. • Monitor pricing activity and market values of portfolio holdings, with real -time market data on a daily basis to verify prices prior to consummating any trading activity. • Provide information on all transactions, including transfers of cash and wire payments, to the Finance Department, with copies of bank confirmations upon receipt. • Clear all trades of securities (other than local agency investment pools) through a third -party custodian to ensure proper delivery of funds and securities. 58 CITY OF EL SEGUNDO PRELIMINARY OPERATING BUDGET Ensure that there are sufficient funds available to meet the City's daily cash flow demands as follows: • Monitor cash balances daily and coordinate the Finance Department's projections to ensure that there are funds available to cover all outstanding checks and payroll checks. Monitor cash balances of the risk management account weekly and coordinate input from our Workers' Compensation Administrator, South Coast Risk Management Associates ( SCRMA), to ensure that there are funds available to cover all checks issued by SCRMA for approved claims. • Consistently work to maintain a high level of efficiency in cash management, maximize use of idle funds, and minimize losses from returned items. E -3 DEPARTMENT SUMMARY (Continued) • Effectively audit payments processed through the A/P system, acting as a balance to the Finance Department as outlined in our Internal Control Procedures. • Disburse accounts payable checks /warrants and payroll checks as dictated by City Policy. Maintain the highest level of competence and knowledge possible in the areas of public entity investments and the mandated responsibilities and obligations of the office of City Treasurer in order to enhance performance for the benefit of the City by participating in at least three educational opportunities offered by accredited institutions and professional organizations. 0 159 CITY OF EL SEGUNDO PRELIMINARY OPERATING BUDGET DEPARTMENT City Treasurer CLASSIFICATION II FULL TIME PERSONNEL FUND I DIVISION General City Treasurer City Treasurer Deputy City Treasurer TOTALS PART TIME PERSONNEL (FTE) Accounts Specialist II Other Part Time TOTALS PERSONNEL SUMMARY DIVISION # 1201 REVISED I I ADOPTED I REVISED ' :1 PROPOSED NO. , FY 1995/96 1 NO. FY 1996/97 FY 1996/97 ' NO. ! FY 1997/98 0.5 11,160 0.5 11,160 11,160 0.5 11,160 1.0 41,325 1.0 41,995 42,698 1.0 42,698 1.5 52.4,85 _.LL 53,155 13,858 1.5 53.858 YEAR END 0.75 22,160 0.75 22,977 22,977 0.75 22,977 500 500 500 500 0 75 22.660 •75 23.4_77 23.477q 75 23,477 0 160 E -4 SUMMARY OF SALARIES AND FRINGE BENEFITS ACCOUNT PROJECTED CLASSIFICATION i ACTUAL ADOPTED REVISED YEAR END PROPOSED AND DETAIL FY 1995/96 FY 1996/97 FY 1996/97 I FY 1996/97 FY 1997/98 Full Time Salaries 70,782 53,155 53,858 71,472 53,858 Part Time Salaries 12,543 23,477 23,477 15,000 23,477 Overtime 21 0 0 0 0 Anticipated Salary Savings 0 0 (882) 0 Fringe Benefits 12,891 32,005 32,184 14,696 0 32,856 TOTALS 96.237 108.637 108.637 101.168 110.191 0 160 E -4 CITY OF EL SEGUNDO PRELIMINARY OPERATING BUDGET ACCOUNT DETAIL DEPARTMENT FUND DIVISION DIVISION # City Treasurer General City Treasurer 1201 PROJECTED ACCOUNT DETAIL j ACTUAL ADOPTED REVISED YEAR END PROPOSED FY 1995/96 FY 1996/97 FY 1996/97 FY 1996/97 FY 1997/98 SUPPLIES & SERVICES 5201- Office Supplies 414 400 400 400 400 5204- Operating Supplies 1,310 1,000 1,000 1,000 1,000 5206- Computer Supplies 335 1,000 1,000 1,000 1,000 6203 -Copy Machine Charges 561 400 400 500 550 6204 -City Print Shop 222 480 480 480 480 6207 - Equipment Replacement Chrg 905 1,355 1,355 1,355 3,018 6208 -Dues & Subscriptions 143 400 400 400 S40 CMTA 75 Wall Street Journal 170 Govt. Cash Mgmt. update 295 6211- Insurance & Bonds 1,250 1,250 1,250 1,250 1,250 6213- Meetings & Travel 1,996 2,150 2,150 2,150 2,150 CMTA Seminar 900 Monthly meetings 450 LCC, CMTA & CMFOA 800 6214 - Professional /Technical 4,070 6,950 6,950 3,950 4,150 Service & update of investment program 1,400 Custodial agreement 2,500 Bank services 250 6215- Repairs & Maintenance 276 500 500 500 500 6223 - Training & Education 1,575 1,500 1,500 1,500 1,500 CMTA seminars 1,050 League of CA Cities 200 LAIF conference 100 SYMPRO workshop 150 6224 - Vehicle /Operating Chrg 50 100 100 100 100 6253- Postage 2,950 2,450 2,450 2,950 2,950 _ n 161 E -5 CITY OF EL SEGUNDO PRELEUINARY OPERATING BUDGET ACCOUNT DETAIL (Continued) DEPARTMENT ! FUND DIVISION i DIVISION X t City Treasurer General City Treasurer 1201 I PROJECTED ACCOUNT DETAIL ACTUAL ADOPTED REVISED ! YEAR END PROPOSED FY 1995/96 FY 1996/97 FY 1996/97 ! FY 1996/97 FY 1997/98 6254- Telephone TOTAL SUPPLIES & SERVICES CAPITAL OUTLAY 8108 - Capital /Computer Hardware 2,125 2,000 2,000 2,000 2,000 18.182 21.935 21.935 19.535 21.588 1,777 0 0 0 E -6 0 162 0 CITY OF EL SEGUNDO PRELIMINARY OPERATING BUDGET CITY TREASURER SUPPLIES (16 FY 1997/98 BUDGET n A Mfor A 1 1^ �1O-/0) E -7 - ot- %LmRIES (83.62 %) 0 163 CITY OF EL SEGUNDO PRELIMINARY OPERATING BUDGET p 164 E -8 AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT, made and entered into this day of 91997, between the CITY OF EL SEGUNDO, a municipal corporation, hereinafter referred to as "City" and the hereinafter referred to as "Consultant ". In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. SCOPE OF SERVICES. Consultant agrees to perform the services set forth in Exhibit A "SCOPE OF SERVICES" and made a part hereof. Consultant represents and warrants that it has the qualifications, experience and facilities to properly perform said services in a thorough, competent and professional manner and shall, at all times during the term of this Agreement, have in full force and effect, all licenses required of it by law. Consultants shall begin its services under this Agreement on , 199_. Consultant shall complete each of the services set forth in Exhibit A to the City's satisfaction. If the City is not satisfied with any such services, the Consultant shall work on such matter until the City approves of the service. Further, Consultant shall complete the services set forth in Exhibit A strictly according to the schedule provided therein. 2. STATUS OF CONSULTANT. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive N:WGREEMNT.MST -1- 0 165 direction and control. Neither City nor any of its officers, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees or agents, except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. Consultant shall not disseminate any information or reports gathered or created pursuant to this Agreement without the prior written approval of City except information or reports required by government agencies to enable Consultant to perform its duties under this Agreement. 3. CONSULTANT'S KNOWLEDGE OF APPLICABLE LAWS. Consultant shall keep itself informed of applicable local, state and federal laws and regulations which may affect those employed by it or in any way affect the performance of its services pursuant to this Agreement. Consultant shall observe and comply with all such laws and regulations affecting its employees. City and its officers and employees, shall not be liable at law or in equity as a result of any failure of Consultant to comply with this section. 4. PERSONNEL. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant's staff assigned to perform the services hereunder and shall obtain the approval of the City Manager of all proposed staff members performing services under this Agreement prior to any such performance. N:VWGREEMNT.MST -2- 0 166 5. COMPENSATION AND METHOD OF PAYMENT. Compensation to the Consultant shall be as set forth in Exhibits B and C hereto and made a part hereof. Payments shall be made within thirty (30) days after receipt of each invoice as to all nondisputed fees. If the City disputes any of consultant's fees it shall give written notice to Consultant in 30 days of receipt of a invoice of any disputed fees set forth on the invoice. 6. ADDITIONAL SERVICES OF CONSULTANT. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein or listed in Attachment A, unless such additional services are authorized in advance and in writing by the City Manager. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. 7. ASSIGNMENT. All services required hereunder shall be performed by Consultant, its employees or personnel under direct contract with Consultant. Consultant shall not assign to any subcontractor the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without the prior written consent of City Manager. 8. FACILITIES AND RECORDS. City agrees to provide: suitably equipped and furnished office space, public counter, telephone, and use of copying equipment and N:XAGREEMNT.MST - 3 0 167 necessary office supplies for Consultant's on -site staff, if any. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts therefrom as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. 9. TERMINATION OF AGREEMENT. This Agreement may be terminated with or without cause by either party upon 30 days written notice. In the event of such termination, Consultant shall be compensated for non - disputed fees under the terms of this Agreement up to the date of termination. 10. COOPERATION BY CITY. All public information, data, reports, records, and maps as are existing and available to City as public records, and which are necessary for NAAGREEMNT.MST - 4 0 168 carrying out the work as outlined in the Scope of Services, shall be furnished to Consultant in every reasonable way to facilitate, without undue delay, the work to be performed under this Agreement. 11. OWNERSHIP OF DOCUMENTS. Upon satisfactory completion of, or in the event of termination, suspension or abandonment of, this Agreement, all original models, designs, studies, surveys, reports, data, notes, computer files, files and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall, become the sole property of City. With respect to computer files, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 12. RELEASE OF INFORMATION /CONFLICTS OF INTEREST. (a) All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization excepting that information which is a public record and subject to disclosure pursuant to the California Public Records Act, Government Code § 6250, et se q. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement N:WGREEMNT.MST - 5 0 169 or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. If Consultant or any of its officers, employees, consultants or subcontractors does voluntarily provide information in violation of this Agreement, City has the right to reim- bursement and indemnity from Consultant for any damages caused by Consultant's conduct, including the City's attorney's fees. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and /or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. (b) Consultant covenants that neither they nor any officer or principal of their firm have any interest in, or shall they acquire any interest, directly or indirectly which will N:kAGREEMNT.MST - 6 0 170 conflict in any manner or degree with the performance of their services hereunder. Consultant further covenants that in the performance of this Agreement, no person having such interest shall be employed by them as an officer, employee, agent, or subcontractor without the express written consent of the City Manager. 13. DEFAULT. In the event that Consultant is in default of any provision of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. 14. INDEMNIFICATION. (a) Consultant represents it is skilled in the professional calling necessary to perform the services and duties agreed to hereunder by Consultant, and City relies upon the skills and knowledge of Consultant. Consultant shall perform such services and duties consistent with the standards generally recognized as being employed by professionals performing similar service in the State of California. (b) Consultant is an independent contractor and shall have no authority to bind City nor to create or incur any obligation on behalf of or liability against City, whether by contract or otherwise, unless such authority is expressly conferred under this agreement or is otherwise expressly conferred in writing by City. City, its elected and appointed officials, officers, agents, employees and volunteers (individually and collectively, WAGREEMNT.MST -7- 0 171 "Indemnitees ") shall have no liability to Consultant or to any other person for, and Consultant shall indemnify, defend, protect and hold harmless the Indemnitees from and against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses of whatever nature, including reasonable attorneys' fees and disbursements (collectively "Claims "), which the Indemnitees may suffer or incur or to which the Indemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise occurring as a result of or allegedly caused by the performance or failure to perform by Consultant of Consultant's services under this agreement or the negligent or willful acts or omissions of Consultant, its agents, officers, directors or employees, in performing any of the services under this agreement. If any action or proceeding is brought against the Indemnitees by reason of any of the matters against which Consultant has agreed to indemnify the Indemnitees as above provided, Consultant, upon notice from the CITY, shall defend the Indemnitees at Consultant's expense by counsel acceptable to the City. The Indemnitees need not have first paid any of the matters as to which the Indemnitees are entitled to indemnity in order to be so indemnified. The insurance required to be maintained by Consultant under paragraph 15 shall ensure Consultant's obligations under this paragraph 14(b), but the limits of such insurance shall not limit the liability of Consultant hereunder. The provisions of this paragraph 14(b) shall survive the expiration or earlier termination of this agreement. NAAGREEMNT.MST - 8 0 172 The Consultant's indemnification does not extend to Claims occurring as a result of the City's negligent or willful acts or omissions. 15. INSURANCE. A. Insurance Requirements. Consultant shall provide and maintain insurance acceptable to the City Attorney in full force and effect throughout the term of this Agreement, against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by Consultant, its agents, representatives or employees. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than ANIL Consultant shall provide the following scope and limits of insurance: broad as: (1) Minimum Scope of Insurance. Coverage shall be at least as (a) Insurance Services Office form Commercial General Liability coverage (Occurrence Form CG 0001). (b) Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, including code 1 "any auto" and endorsement CA 0025, or equivalent forms subject to the written approval of the City. NAAGREEMNT.MST - 9 0 173 (c) Workers' Compensation insurance as required by the Labor Code of State of California and Employer's Liability insurance and covering all persons providing services on behalf of the Consultant and all risks to such persons under this Agreement. (d) Errors and omissions liability insurance appropriate to the Consultant's profession. (2) Minimum Limits of Insurance. Consultant shall maintain limits of insurance no less than: (a) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the activities related to this Agreement or the general aggregate limit shall be twice the required occurrence limit. (b) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. (c) Workers' Compensation and Employer's Liability: Workers' Compensation as required by the Labor Code of the State of California and Employers Liability limits of $1,000,000 per accident. N:\AGREEMNT.MST - 0 174 B Other Provisions. Insurance policies required by this Agreement shall contain the following provisions: (1) All Policies. Each insurance policy required by this paragraph 15 shall be endorsed and state the coverage shall not be suspended, voided, cancelled by the insurer or either party to this Agreement, reduced in coverage or in limits except after 30 days' prior written notice by Certified mail, return receipt requested, has been given to the City. (2) General Liability and Automobile Liability Coverages. (a) City, its officers, officials, and employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities Consultant performs, products and completed operations of Consultant; premises owned, occupied or used by Consultant, or automobiles owned, leased or hired or borrowed by Consultant. The coverage shall contain no special limitations on the scope of protection afforded to City, its officers, officials, or employees. (b) Consultant's insurance coverage shall be primary insurance as respect to City, its officers, officials, employees and volunteers. Any N:IAGREEMNT.MST -11- 0 175 insurance or self insurance maintained by City, its officers, officials, employees or volunteers shall apply in excess of, and not contribute with, Consultant's insurance. (c) Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (d) Any failure to comply with the reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. (3) Workers' Compensation and Employer's Liability Coverage. Unless the City Manager otherwise agrees in writing, the insurer shall agree to waive all rights of subrogation against City, its officers, officials, employees and agents for losses arising from work performed by Consultant for City. C. Other Requirements. Consultant agrees to deposit with City, at or before the effective date of this contract, certificates of insurance necessary to satisfy City that the insurance provisions of this contract have been complied with. The City Attorney may require that Consultant furnish City with copies of original endorsements effecting coverage required by this Section. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. City reserves the right N:WGREEMNT.MST -12- 0 176 to inspect complete, certified copies of all required insurance policies, at any time. (1) Consultant shall furnish certificates and endorsements from each subcontractor identical to those Consultant provides. (2) Any deductibles or self - insured retentions must be declared to and approved by City. At the option of the City, either the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects the City, its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims. (3) The procuring of such required policy or policies of insurance shall not be construed to limit Consultant's liability hereunder nor to fulfill the indemnification provisions and requirements of this Agreement. 16. ENTIRE AGREEMENT. This Agreement is the complete, final, entire and exclusive expression of the Agreement between the parties hereto and supersedes any and all other agreements, either oral or in writing, between the parties with respect to the subject matter herein. Each party to this Agreement acknowledges that no representations by any party which are not embodied herein and that no other agreement, statement, or promise not contained in this Agreement shall be valid and binding. N:WGREEMNT.MST - 0 177 17. GOVERNING LAW. The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the Los Angeles County Superior Court. 18. ASSIGNMENT OR SUBSTITUTION. City has an interest in the qualifications of and capability of the persons and entities who will fulfill the duties and obligations imposed upon Consultant by this Agreement. In recognition of that interest, neither any complete nor partial assignment of this Agreement may be made by Consultant nor changed, substituted for, deleted, or added to without the prior written consent of City. Any attempted assignment or substitution shall be ineffective, null, and void, and constitute a material breach of this Agreement entitling City to any and all remedies at law or in equity, including summary termination of this Agreement. 19. MODIFICATION OF AGREEMENT. The terms of this Agreement can only be modified in writing approved by the City Council and the Consultant. The parties agree that this requirement for written modifications cannot be waived and any attempted waiver shall be void. 20. AUTHORITY TO EXECUTE. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he /she /they has /have the N:WGREEMNT.MST O 1� Q authority to execute this Agreement on behalf of his /her /their corporation and warrants and represents that he /she /they has /have the authority to bind Consultant to the performance of its obligations hereunder. 21. NOTICES. Notices shall be given pursuant to this Agreement by personal service on the party to be notified, or by written notice upon such party deposited in the custody of the United States Postal Service addressed as follows: Cam. Attention: James W. Morrison City Manager City of El Segundo 350 Main Street El Segundo, California 90245 Telephone (310) 607 -2226 Facsimile (310) 322 -4167 Consultant. Attention: The notices shall be deemed to have been given as of the date of personal service, or three (3) days after the date of deposit of the same in the custody of the United States Postal Service. N:VWGREEMNT.MST -15- 0 179 20. SEVERABILITY. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of the other provisions of this Agreement. IN WITNESS WHERE OF, the parties hereto have caused this Agreement to be executed the day and year first above written. By Title CITY OF EL SEGUNDO By Title ATTEST: Cindy Mortesen City Clerk APPROVED AS TO FORM: Mark D. Hensley City Attorney (NEW MASTER CONSULTANT AGREEMENT BY CITY ATTORNEY 3/11/97) (mb)cAconsult.mst NAAGREEMNT.MST -16- t II EL SEGUNDO CITY COUNCIL MEETING DATE: September 2, 1997 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION-. Accept the bid of Livingston Graham /Blue Diamond Materials in the amount (not to exceed) $32,150.00 for the purchase of asphalt and emulsion oil and reject the bid of Industrial Asphalt. RECOMMENDED COUNCIL ACTION: Authorize staff to issue a Purchase Order to Livingston Graham /Blue Diamond Materials in the amount (not to exceed) $32,150.00 for the purchase of asphalt and emulsion oil and reject the bid of Industrial Asphalt. INTRODUCTION AND BACKGROUND: The Street Division repairs approximately 55,000 square feet of asphalt pavement throughout the City annually. Three different types of asphalt are utilized for repairs. When making temporary repairs, cold mix is used, which is purchased in bulk and is stored at the Maintenance Facility. Two (2) types of hot asphalt are used for permanent repairs and are purchased on an as- needed basis. The Street Division repairs City streets which have been damaged from pot holes, tree roots, broken underground pipes, etc. To accomplish these repairs, a variety of asphalt mixes and oils are used, which are picked up on an as- needed basis. There are only two local suppliers of asphalt. Industrial Asphalt is located 11 miles (15 minutes) further from El Segundo than is Livingston Graham/ Blue Diamond Materials. The Street Division staff makes approximately 129 trips per year to the asphalt plant. The additional labor and vehicle operating costs to use Industrial Asphalt is calculated to be $2,640 annually. Adding the transportation costs to the Industrial Asphalt bid of $31,625.00 would give a total of $34,265.00, or $2,115.00 higher than the Livingston Graham/Blue Diamond Materials bid of $31,150.00. The material being purchased is for the ongoing repair and maintenance of the City streets. None of the repairs are anticipated to exceed the $5,000.00 limit identified in the California Public Contract Code. Consequently, the work does not fall within the definition of a "public project' and therefore is not subject to the public bid process. Staff recommends rejecting the Industrial Asphalt bid and accepting the bid from Livingston Graham/Blue Diamond Materials. ATTACHED SUPPORTING DOCUMENTS: Bid summary sheet. Operating Budget: Capital Improvement Budget: Amount Requested: Project/Account Budget: Project/Account Balance: Account Number. Project Phase: Appropriation Required: Yes No $32,150.00 001 - 400 -4202 -5204 No Date: ORIGINATED BY _/, Date: Eduard Awder, Public Wor s Directory City of El Segundo Public Works Department BID SUMMARY SHEET August 19, 1997 BID: 9705 Subject: Purchase of asphalt and emulsion oil. Price Per Bidder Ton Total LIVINGSTON GRAHAM/ BLUE DIAMOND MATERIALS 675 tons of 3/1" asphalt concrete AR 4000 oil $24.00 $16,200.00 75 tons of school mix AR 4000 oil 26.00 1,950.00 500 tons of cold mix SC800 oil 25.50 12,750.00 500 gallons of emulsion SS1H 2.50 1,250.00 GRAND TOTAL $32,150.00 INDUSTRIAL ASPALT 675 tons of 3/1" asphalt concrete AR 4000 oil $23.00 75 tons of school mix AR 4000 oil 23.00 500 tons of cold mix SC800 oil 26.00 500 gallons of emulsion SS1 H 2.75 GRAND TOTAL 0 182 $15,525.00 1,725.00 13, 000.00 1,375.00 $31,625.00 EL SEGUNDO CITY COUNCIL MEETING DATE: September 16, 1997 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Amendment to Air Products Pipeline Agreement (Contract No. 2478) authorizing Hydrogen Gas and Compressed Dry Air to be used in previously approved pipelines (annual fiscal impact - $2,500 revenue). RECOMMENDED COUNCIL ACTION: Approve the Amendment and authorize the Mayor to execute on behalf of the City. INTRODUCTION AND BACKGROUND: On November 5, 1996, the City Council approved a License Agreement with Air Products for the installation of gas pipelines in Kansas Street and across Grand Avenue. The products approved to be carried in the pipeline were nitrogen gas and other gases subject to City approval. On February 4, 1997, the City Council approved the use of hydrogen gas and compressed air at 222, 233, and 330 Kansas Street and Grand Avenue. Included in the approved use was the understanding that the hydrogen gas and compressed air would be supplied in the pipelines which were included in the previously approved License Agreement. DISCUSSION: The attached First Amendment of the License Agreement is the final action required to complete the process started last November. The amendment formalizes the allowed uses of the pipelines which were previously approved for construction. The amendment also identifies the revised annual License Fee of $2,500 which is consistent with the fee schedule used in the original agreement. The City Attorney has reviewed the Amendment and approved it as to form. ATTACHED SUPPORTING DOCUMENTS: Air Products Manufacturing Corporation First Amendment of Pipeline License Agreement. FISCAL IMPACT: Operating Budget: N/A Capital Improvement Budget: Amount Requested: Project/Account Budget: Project/Account Balance: Date: Account Number. Project Phase: Appropriation Required: None ORIGINATED BY: Date: /x/91 REVIEW --i' �Q- f y� PW- SEPT16.01 (Monday 9/8/97 11:OOAM) FIRST AMENDMENT OF LICENSE AGREEMENT This First Amendment of Pipeline License Agreement ( "Amendment ") is made and entered into as of , 1997, by and between the CITY OF EL SEGUNDO, a California general law municipal corporation (the "City "), and AIR PRODUCTS MANUFACTURING CORPORATION, a Delaware Corporation (the "Grantee "), who agree as follows: 1. Recitals. This Amendment is made with reference to the following facts and circumstances: A. The City and the Grantee are parties to that certain Pipeline License Agreement (the "License Agreement ") made and entered into on November 5, 1996. B. The Grantee desires to amend the License Agreement to utilize pipelines approved in the License Agreement for future use subject to City Council approval, for transportation of Hydrogen Gas and Compressed Dry Air. C. The City Council on February 4, 1997 adopted attached Resolution No. 3997 Approving Environmental Assessment EA -397, Certifying a Mitigated Negative Declaration of Environmental Impacts and Adopting a Mitigation Monitoring Program, to allow the use of Pipelines for Hydrogen Gas and Compressed Dry Air at 222, 233, and 330 Kansas Street, and 1521 East Grand Avenue, Petitioned by Air Products, Inc. 2. Amendments. The City and the Grantee agree to the following amendments to the License Agreement: A. The first sentence of Section 8 of the License Agreement is hereby amended to read: "As consideration for the granting of this License, Grantee shall pay an annual License Fee of $2,500 (twenty -five hundred dollars) to the City ". B. Exhibit "A" of the License Agreement shall be replaced by Revised Exhibit "A ". C. In addition to the requirements of the License Agreement, the Grantee shall comply with all requirements of City Council Resolution No. 3997. N:WGREEMNTWIR- PROD.AMD (6/13/97) 1 �Q O O 3. No Other Changes. Except as expressly set forth in Paragraph 2 hereof, the terms of the License Agreement remain unchanged and in full force and effect. IN WITNESS WHEREOF, this Amendment has been duly executed by the parties hereto in El Segundo, California. CITY: CITY OF EL SEGUNDO Sandra Jacobs, Mayor Date: ATTESTED: By: Cindy Mortesen City Clerk APPROVED AS TO FORM: Mark . Hensley City Attorney Date: NAAGREEMNTWIR- PRODAMD (6/13/97) 2 GRANTEE: AIR PRODUCTS MANUFACTURING CORPORATION Y B. J. Pershall, r. Title: Senior Real Estate Specialists Date: ' August 6 1997 0 185 is i� • DELEGATION OF CORPORATE AUTHORM Ea rgy and Materials Pn. n.+.r+..s► Arnold H. Kaplan Vice President of Air Products and Chemicals, I=. The underelgr*d,/, in my capacity as •/ , pursuant to resolutions of the Board of Directors. hereby delegates, authority as described herein below to the following Individual(a): Name or W4VldtW(1) Poattlon TIM MMAMIUM Vstw T Burl J. PershaA Senior Real Estate Specialist SM1000 Dma"M of Au*a* Authority to execute in the name of Air Products and Chemicals, Inc. and he subsidtarlea contracts, agr+sementb, and other instruments to which the Company may be a party in carrying out any approved capital trwmactlon involving the acqufadion or dispoaRion of real estate or Interests therein has been delegated to the individual hording the above listed position, provided that such contracts, agreements and other Instruments: • Relate to bw*accdons which do not exceed a term of five years exclusive of renewal provisions (deeds, perpetual easements, licenses, permits, franchise agreements, and other instruments which normalty haw an unlimited tern are exempted from the five year I" provisions); and Do not exceed in each Inetwes. In the aggregate value of cash and other consideration during the tern, the sum set forth opposite the individual's title. This delegation of authority revokes Delegation No. 94-00 effective on 25 January 1894. 13TM urr4ft may be wbdoWpataa whh the fcUoWng ndrictons of any): MihU, mift ty may not be subddapabd. to take effect when countersigned by the Secretary or any Assistant Secretary and to continue In effect for to fong as the designated Individuals(s) hold(s) the designated position titles) or until such authority shell be revised or revoked by notice thereof by the undarslgned, his or her successor in office, or the person to whom the designated Individual reports. 1 , 3ignaun a Date t :ounteraiened by:, 'rte `� •� - • texy /Ambdant Seastatry Date roar MW err."M o lay F.XRMI T A Description of Public Road Alignments of Air Products Manufacturing Corporation's Nitrogen, Hydrogen, and Compressed Dry Air Pipeline Systems, within El Segundo Boulevard, Franklin Street, Kansas Street, and Grand Avenue, City of El Segundo County of Los Angeles State of California Beginning at the intersection of the southerly line of El Segundo Boulevard (60.00 feet wide) and the southerly prolongation of the centerline of Kansas Street (50.00 feet wide); thence easterly along the southerly line of El Segundo Boulevard 6.00 feet to the True Point of Beginning; thence northerly, parallel with and 6.00 feet easterly of the centerline of Kansas Street 740.00 feet to a point 160.00 feet northerly of the centerline of Franklin Street (50.00 feet wide); thence easterly 19.00 feet to a point on the easterly line of Kansas Street. Footage of 4 -inch nitrogen pipe in city streets: M feet . egment-i Beginning at the centerline intersection of Grand Avenue (60.00 feet wide) and Kansas Street; thence easterly along said centerline of Grand Avenue 168.00 feet; thence southerly, perpendicular to said centerline, 30.00 feet to a point on the southerly line of Grand Avenue, said point also being the True Point of Beginnn n_g; thence northerly along said perpendicular line 60.00 feet to the northerly line of Grand Avenue. Footage of 3 -inch nitrogen pipeline in city streets: 60 feet Footage of 1 -inch hydrogen pipeline in city streets: 0 feet Footage of 4 -inch compressed dry air pipeline in city streets: 60 feet Segment 2 - Total footage of pipeline in city streets: 180 feet Seement 3— Beginning at the centerline intersection of Franklin Street (50.00 feet wide) and Kansas Street; thence northerly along said centerline of Kansas Street 162.50 feet; thence easterly, perpendicular to said centerline, 25.00 feet to a point on the easterly line of Kansas Street, said point also being the True Point of Begjn ng; thence westerly along said perpendicular line 50.00 feet to the westerly line of Kansas Street. Footage of 2 -inch nitrogen pipeline in city streets: Footage of 3/4 -inch hydrogen pipeline in city streets: Footage of 2 -inch compressed dry air pipeline in city streets: Segment 3 - Total footage of pipeline in city streets: Total footage of pipeline in city streets: Attached hereon is plat Exhibit A and by this reference Exhibit A - Page 1 of 2 Q:\JOB \13420342EXA7.WP 07/24/97 �Q feet �Q feet 5,Q feet M feet 1M feet made a part of A 0 187 0 A PORTION OF THE CITY OF EL SEGUNDO, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA. SEGMENT 2 3" NITROGEN PIPELINE 1" HYDROGEN PIPELINE I( 4" COMPRESSED DRY AIR PIPELINE l I 60' �- RAND AVE. 0 5 N i I I I 50' I SEGMENT 3 V--�j 2" NITROGEN PIPELINE 314" HYDROGEN PIPELINE 2 COMPRESSED DRY AIR PIPELINE N i I � FR /11YKL ST— SEGMENT 1 i 14" NITROGEN PIPELINE i I i III I I I I 1 -- I SEGUNDO BLVD. 0 N CHEVRON REFINERY 001 al N M J Q EXHIBIT A N N AIR PRODUCTS APMC NITROGEN PIPELINES SRF 1342 —P -104 MANUFACTURING CORPORATION sc 7201 HAMILTON BLVD. PLAT MAP i" =200' DAN 09/19/96 ALLENTOWN, PA 18195 Y Fxhihif A Pnno- 7 of 9 EL SEGUNDO CITY COUNCIL MEETING DATE: September 16, 1997 AGENDA ITEM STATEMENT AGENDA HEADING: City Manager AGENDA DESCRIPTION: Consideration for City to submit a RFP to the Senior Housing Corporation for management of Park Vista RECOMMENDED COUNCIL ACTION: Seek City Council direction INTRODUCTION AND BACKGROUND: City Council, on August 5, 1997, approved the Request for Proposal soliciting the operation of Park Vista Senior Housing complex. During discussion of the RFP's approval, Council expressed interest in having the City participate in the bid process. All proposals are due to the Senior Housing Corporation on October 24, 1997. To meet this deadline, several considerations must be reviewed by Council prior to staff direction. DISCUSSION: The City currently contracts with the Senior Housing Corporation to oversee the management of Park Vista. The Senior Housing Corporation in turn contracts with an outside management company to provide the management services at Park Vista. The City's Recreation Superintendent also acts as liaison to the Senior Housing Corporation. The liaison attends monthly board meetings, prepares the Boards agendas and agenda items, provides communication and information between the Management Company, their on -site staff, the Senior Housing Corporation and various City departments. In staffs review of the approved RFP, the current organizational chart does not provide an appropriate support system for city personnel or city paid contractors to operate as the on -site management of the facility. In order for the City to submit a RFP for providing management services at Park Vista, staff requests that Council review some, of the many concerns, including: • The current RFP specifies that the management of Park Vista be hired by and report directly to the Corporation, which contradicts the city's established "organization ". • If the City procures a management company or an employee, this would make the city the employer, not the Corporation. • The RFP requires experience in on -site operations and maintenance and that staff be insured by a fidelity bond in the amount of $100,000.00 to manage the facility. • A city employee or contractor on -site, paid for by the city, would eliminate or transfer any remaining or necessary responsibilities from the liaison to the on -site management. • In the RFP, the Corporation also reserves the right to audit the management of the facility. • There are distinct differences between the budgeting, procedures and operations of the City and that of the Corporation. • The Corporation currently pays the management company a fee to manage the Park Vista facility. • Several sections of the RFP mention " hold harmless" and /or "additionally insured" agreements between the Corporation and the Management of the facility. The implications of actually providing management services for the Senior Housing Corporation are complex, requiring immediate and substantial review by Council with legal consideration in order to comply with the RFP requirements and meet all deadlines therein. j) lag ATTACHED SUPPORTING DOCUMENTS: The Senior Housing Corporation's Management Agreement FISCAL IMPACT: (Check one) Operating Budget:,_Capital Improve. Budget:_ Amount Requested: Project/Account Budget: Project/Account Balance: Date: Account Number: Project Phase: Appropriation Required: Yes No Date: September 8, 1997 BY: Date: September 8, 1997 W. Morrison, City Manager ON TAKEN: xaagnd.frm 0 1g° Q This Agreement, effective _, -1997, is made by and between the El Segundo Senior Citizens Housing Development Corp., aka "Park Vista" (hereinafter referred to as "Corporation ") and (hereinafter referred to as "Contractor "). Section 1 APPOINTMENT 1.1 ACCEPTANCE Corporation hereby contracts with Contractor, an independent contractor, to provide leasing services and manage the property described in paragraph 1.2 hereof upon the terms and conditions set forth herein. Contractor accepts the appointment and agrees to furnish the services of its organization for the leasing, management, repair, maintenance and landscaping of the Premises. 1.2 DESCRIPTION OF PREMISES The property to be managed by Contractor under this Agreement (the "Premises ") is known as Park Vista located at 615 E. Holly Ave., El Segundo, CA 90245, consisting of the land, buildings and other improvements described as an elderly housing project for independent living in the State of California. 1.3 TERM The term of this Agreement shall be for an initial period of three years (the "initial term ") from the _, 1997, to and including the 2000, subject to the provisions set forth in Section 19 "Termination" infra. 1.4 MANAGEMENT OFFICE Corporation shall provide an adequate furnished management office on the Premises. Corporation shall pay for postage and office supplies, utilities, and telephone necessary to carry out Corporation's obligations under this Agreement. 1.5 APARTMENT FOR ON -SITE STAFF Corporation shall provide a suitable apartment on the Premises for the use of an on -site manager, rent -free, except that such resident staff shall pay for their heat, utilities and telephone in the same manner as other tenants. The on -site manager's specific apartment shall be Corporation's choice. LAX2:182476.2 -1- 0 1g 1 1.6 ASSIGNMENT OF AGREEMENT This agreement may not be assigned or transferred to any other party by Contractor without first receiving the express written approval of Corporation and the City Council of El Segundo. Section 2 BANK ACCOUNTS The operating account established under this Agreement shall be with El Segundo First National Bank and shall at all times be in the name of, and owned by, Park Vista, but under Contractor's control. Contractor's designees shall be the only parties authorized to draw upon such account. However, Contractor's monthly management fee and all other checks in amounts in excess of $1,999.99 shall be countersigned by the Corporation President and/or Chief Financial Officer. No amounts in any accounts established under this Agreement shall, in any event, be commingled with any other funds of Contractor or it other clients. 2.1 OPERATING (AND /OR) RESERVE ACCOUNT(S) Contractor shall take over the previously established operating account(s) known as the Park Vista Operating Account(s), at the El Segundo First National Bank to be used for the deposit of receipts collected as described herein which deposits are insured by the federal government. Any other depository which may be used in the future shall be selected by the Corporation. Contractor shall not be held liable in the event of the bankruptcy or failure of any institution selected by Corporation. Funds in the Operating (and/or) Reserve Account(s) remain the property of Corporation subject to disbursement of operating expenses by Contractor as described in this Agreement. Contractor shall remit to Corporation, or directly deposit to a Reserve Account established by Corporation, the monthly Reserve amount from the rental receipts. 2. 1.1 INITIAL DEPOSIT AND CONTINGENCY RESERVE Immediately upon commencement of this Agreement, Contractor shall be substituted for the outgoing management company on the Operating Account at ESFNB. Contractor may conduct its own audit of the Operating Account. A contingency reserve account is maintained by Corporation, the funds therein to be used by the officers and/or directors of Corporation for the management and benefit of the Premises. LAX2:182476.2 -2- p 192 2.2 SECURITY DEPOSIT ACCOUNT Contractor shall, if required by law, maintain a separate interest bearing account for tenant security deposits and advance rentals. Such account shall be maintained in accordance with applicable state or federal laws, if any. Contractor shall obtain all existing security deposits from CPMI. 2.3 FIDELITY BOND Contractor shall cause all personnel who handle or are responsible for the safekeeping of any monies of Corporation to be insured by a fidelity bond in the amount of $100,000.00 with a company to be selected by Contractor. Such bond shall be secured at Contractor's expense. Such bond shall name Corporation, its Board of Directors, and the City of El Segundo as an additional insured thereon. Section 3 COLLECTION OF RENTS AND OTHER RECEIPTS 3.1 CONTRACTOR'S COLLECTION AND BANKING AUTHORITY Contractor shall collect and receipt for all rents, charges and other amounts receivable on Corporation account in connection with the management and operation of the Premises. Such receipts (except tenants' security deposits and advance rentals, which shall be handled as specified in paragraphs 2.2 and 2.3 hereof; and special charges, which shall be handled as specified in paragraph 3.2 hereof) shall be deposited in the Operating (and/or) Reserve Account(s) maintained for the benefit of the Premises. 3.2 SPECIAL CHARGES If permitted by applicable law, Contractor may collect from tenants any or all of the following: an administrative charge for late payment of rent, a charge for returned or non - negotiable checks, credit reports, physicians and medical reports and all other expenses associated with people desiring to qualify to live on the Premises. 3.3 SECURITY DEPOSITS Contractor shall collect, deposit, and disburse tenants' security deposits in accordance with the terms of each tenant's lease. Contractor shall pay tenants interest upon such security deposits only if required by law to do so. Contractor shall comply with all applicable state or local laws concerning the responsibility for security deposits and interest, if any. LAX2:182476.2 -3- 0 lg3 Section 4 DISBURSEMENTS FROM OPERATING ACCOUNTS 4.1 OPERATING EXPENSES Subject to the terms set forth in Section 2 and other related matters set forth or referred to herein, Contractor is hereby authorized to pay the daily costs of operating the Premises. 4.2 NET PROCEEDS To the extent that funds are reasonably available, Contractor shall transmit the cash balance of the operating Account to Corporation to be deposited in the Cash Contingency Reserve Account. Such periodic cash balances shall be remitted to the President and/or Chief Financial Officer at their then current addresses. Section 5 CONTRACTOR NOT REQUIRED TO ADVANCE FUNDS In the event that the balance in the Operating Account(s) is at any time insufficient to pay disbursements due and payable under paragraphs 4.1 and 4.2 above, Corporation shall, immediately upon notice, remit to Contractor, sufficient funds to cover the deficiency with an additional $5,000.00 for contingent operating expenses. In no event shall Contractor be required to use its own funds to pay such disbursements nor shall Contractor be required to advance any monies to the Corporation Security Deposit or the Operating Account(s). Section 6 FINANCIAL AND OTHER REPORTS 6.1 MONTHLY FINANCIAL REPORT By the 15th day of each month, or 3 days prior to the monthly board meeting, whichever is the later, Contractor shall furnish the members of the Corporation with a monthly financial statement of delinquent accounts, cash receipts and disbursements from the operation of the Premises during the previous month. In addition, Contractor shall, on a mutually acceptable schedule, prepare and submit to Corporation such other reports as may be required by Corporation. 6.2 CORPORATION'S RIGHT TO AUDIT Corporation shall have the right to conduct periodic audits of all applicable accounts managed by Contractor. The cost of such audit(s) shall be paid by Corporation. LAX2:182476.2 -4- 0 194 6.3 ANNUAL BUDGET The Annual Operating Budget for Corporation will be prepared by Contractor with the Corporation Chief Financial officer to be submitted to the Corporation Board of Directors prior to October 15, of each year for approval. Corporation will promptly inform Contractor of any changes in the draft Budget proposal. Contractor shall keep Corporation informed of any real or anticipated deviations from the receipts or disbursements as set forth in the previous years approved budget. 6.4 PREPARATION COSTS The preparation cost of all reports, bookkeeping, clerical and other management overhead, including but not limited to, costs of office supplies (excluding on -site office supplies) equipment, data processing services, postage (excluding postage for checks to creditors), transportation for managerial personnel and telephone services, shall be paid by Contractor from its management fees and shall not be a Corporation expense. Section 7 ADVERTISING With Corporation's prior approval, Contractor may be authorized to advertise the Premises or portions thereof for rent, using periodicals, signs, plans, brochures, or displays, or such other means as Contractor may deem proper and advisable, provided such advertising and such signs comply with applicable laws. The cost of such advertising shall be an expense borne by the Contractor. All advertising shall clearly state that Contractor is the manager and not the Owner of the Premises. Newspaper ads shall not share space with other properties managed by Contractor. Section 8 LEASING AND RENTING 8.1 CONTRACTOR'S AUTHORITY TO LEASE PREMISES Contractor shall use all reasonable efforts to keep the Premises rented by procuring tenants for the Premises according to the rules and regulations established by Corporation. Contractor is otherwise authorized to prepare and execute all leases on behalf of Corporation, including all renewals and extensions of leases (and expansions of space in the Premises, if applicable) and to cancel and modify existing leases. For this purpose only, Contractor may execute all leases as agent for Corporation. The form of the lease shall be agreed upon by Corporation and Contractor. LAX2:182476.2 -5- 0 195 8.2 NO OTHER RENTAL AGENT During the term of this Agreement, Corporation shall not authorize any other person, firm or corporation to negotiate or act as leasing agent -with respect to the letting of the Premises. 8.3 ENFORCEMENT OF LEASES Contractor is authorized to institute, in Corporation's name, all legal actions or proceedings for the enforcement of any lease term, for the collection of rent or other income from the Premises, or for the evicting or dispossessing of tenants or other persons from the Premises. Contractor is authorized to sign and serve such notices as Contractor deems necessary for lease enforcement, including the collection of rent or other income. Contractor is authorized, with Corporation's prior approval, to settle, compromise, and release such legal actions or suits and to reinstate tenancies. Any monies for such settlements paid out by Contractor shall not exceed $1,000.00 without prior approval by Corporation. Attorneys' fees, filing fees, court costs, and other necessary expenses incurred in connection with such actions and not recovered from tenants shall be paid out of the Operating and/or Reserve Account(s). Contractor may, subject to Corporation approval, select the attorney of its choice to handle such litigation. Section 9 EMPLOYEES 9.1 CONTRACTOR'S AUTHORITY TO HIRE Contractor shall hire, supervise, discharge, and pay all servants, employees, contractors, or other personnel from its management fee, to perform the normal day to day management, maintenance, landscaping and operation of the Premises. The foregoing servants, employees, contractors, or other personnel will be the sole agents of Contractor and shall not be considered the agents of Corporation. 9.2 CONTRACTOR TO PAY ALL EMPLOYEE EXPENSES All wages and fringe benefits payable to such servants, employees, contractors and/or other personnel hired per paragraph 9.1 above, and all local, state, and federal taxes and assessments (including but not limited to Social Security taxes, unemployment insurance, withholding and workers, compensation insurance) incident to the employment of such personnel, shall be paid by Contractor out of its management fee. LAX2:182476.2 -6- 0 1 g 6 9.3 CONTRACTOR'S AUTHORITY TO FILE RETURNS Contractor shall do and perform all acts required of an employer with respect to the Premises and shall execute and file all W -2, 1091, employee quarterly, all tax and other returns required under applicable federal, state and local laws, regulations, and/or ordinances governing employment, in addition to all other statements and reports pertaining to labor employed in connection with the Premises and according to any similar federal or state law now or hereafter in force. In connection with such filings, Corporation shall upon request, promptly execute and deliver to Contractor all necessary powers of attorney, notices of appointment, and the like. Contractor shall be responsible for all costs and amounts required to be paid under the foregoing laws. 9.4 WORKERS' COMPENSATION INSURANCE Contractor shall, at Contractor's expense, shall maintain workers' compensation insurance covering all such liability of the employer under established workers' compensation laws. 9.5 HOLD HARMLESS, LABOR LAWS Contractor shall be responsible for compliance with all applicable state and federal labor laws. Contractor shall indemnify, defend, and save Corporation and its Board of Directors harmless from all claims, investigations, and suits, from Contractor's actions or failures to act, with respect to any alleged or actual violation of state or federal labor laws. Contractor's obligation with respect to such violation(s) shall include payment of all settlements, judgements, damages, liquidated damages, penalties, forfeitures, back pay awards, court costs, litigation expenses, and attorneys' fees. 9.6 ACCEPTANCE OF GIFTS AND /OR GRATUITIES No employee of Contractor shall accept any gratuity or compensation directly from any resident of Park Vista for any services rendered. Nor shall any employee of Contractor accept any gratuities or gifts from any resident of Park Vista, except birthday or holiday gifts not exceeding a value of $10. LAX2:182476.2 -/- 0 Ig1 Section 10 MAINTENANCE, LANDSCAPING, INSPECTIONS & REPORTS 10.1 MAINTENANCE REQUIREMENTS Contractor shall cause Corporation to be maintained and repaired in accordance with local codes in a habitable and safe condition that is at all times acceptable to Corporation, including, but not limited to; cleaning, painting, decorating, plumbing, carpentry, grounds care and such other matters as from time to time may be required. Contractor shall use its employed maintenance personnel to perform all janitorial tasks and make all reasonably necessary repairs and replacements for the proper, efficient operation of, and to otherwise preserve, the Premises in its present condition. Subject to the prior approval of Corporation, Contractor shall make all alterations necessary to comply with lease and insurance requirements, statutory and governmental regulations. Contractor shall furnish experts, at its own expense, to conduct periodic examinations, provide written reports and recommendations to insure Corporation's satisfactory compliance with those requirements set forth above. 10.2 ON -SITE MAINTENANCE SPECIFICS Special attention shall be given to preventive maintenance, and to the greatest extent feasible, the services of Contractor maintenance personnel shall be used to perform maintenance, repairs, landscaping, inspections and reports. Subject to Corporation's prior approval, Contractor shall contract with qualified independent contractors for the maintenance and repair of equipment, systems and the like which are beyond the capability of Contractor's maintenance employees. Contractor will systematically aid promptly investigate all service requests from tenants, take such action thereon as may be justifies and keep records and report same at the monthly Corporation Board of Directors meeting. Emergency requests shall be received and serviced on a 24 hour basis. Complaints of a serious nature will be reported to the Corporation board of Directors after investigation. LAX2:182476.2 -8- O J� 10.3 APPROVAL FOR EXCEPTIONAL MAINTENANCE EXPENSE The expense to be incurred for any one item of maintenance, alteration, refurbishing, or repair shall not exceed the sum of $300.00, unless such expense is first specifically authorized by Corporation, or is incurred under such circumstances as Contractor shall reasonably deem to be an emergency. Contractor is authorized to negotiate contracts for nonrecurring items of expense, not to exceed $300.00. Contractor shall solicit written cost estimates bids) from at least three contractors or suppliers for any work item, maintenance, repair or appliance which can reasonably be expected to cost $301.00 or more, regardless of rebates, and submitted to Corporation for prior approval. All employees, contractors or other personnel that perform work or services at Park Vista shall be deemed to be the employees of Contractor, except those independent contractors whose contracts are first approved by Corporation Board of Directors. In an emergency where repairs are immediately necessary for the preservation and safety of the Premises, or to avoid danger to life or property, or to comply with federal, state, or local law, such emergency repairs may be made by Contractor at Corporation's expense without prior approval. 10.4 LANDSCAPING As part of it's maintenance responsibilities, Contractor shall perform all landscaping about the Premises, including but not limited to; mowing of grass, watering, sprinkler system repair, fertilization of lawn and foliage, tree and plant pruning, removal and replacement. Section 11 RELATIONSHIP OF CONTRACTOR TO CORPORATION The relationship of the parties pursuant to this Agreement shall be that of Principal and Independent Contractor, except that as to those authorized actions taken by Contractor on behalf of Park Vista pursuant to the terms of this Agreement, Contractor shall be acting as Agent for Corporation. Nothing in this Agreement shall be otherwise construed as creating a partnership, joint venture, or any other relationship between the parties to this Agreement. Contractor shall bear the responsibility, loss and damage arising out of or connected with the hiring and/or supervision of its employees and operation of the Premises. The employees and contractors of Contractor during the period of this Agreement are not and shall not be considered to be the direct employee of Park Vista or Corporation. Neither party shall have the power to bind or obligate the other, except as expressly set forth in this Agreement, except that both parties are authorized to act with such additional authority and power as may be necessary to carry out the spirit and intent of this Agreement. LAX2:182476.2 -9- 0 199 Section 12 SAVE HARMLESS Contractor represents it is skilled in the calling necessary to perform the services and duties agreed to hereunder by Contractor, and Corporation relies upon the skills and knowledge of Contractor. Contractor shall perform such services and duties consistent with the standards generally recognized as being employed by professionals performing similar service in the State of California. Contractor is an independent contractor and shall have no authority to bind Corporation nor to create or incur any obligation on behalf of or liability against Corporation, whether by contract or otherwise, unless such authority is expressly conferred under this agreement or is otherwise expressly conferred in writing by Corporation. Corporation, its elected and appointed officials, officers, agents, employees and volunteers (individually and collectively, "Indemnitees ") shall have no liability to Contractor or to any other person for, and Contractor shall indemnify, defend, protect and hold harmless the Indemnitees from and against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses of whatever nature, including reasonable attorneys' fees and disbursements (collectively "Claims "), which the Indemnitees may suffer or incur or to which the Indemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise occurring as a result of or allegedly caused by the performance or failure to perform by Contractor of Contractor's services under this agreement or the negligent or willful acts or omissions of Contractor, its agents, officers, directors or employees, in performing any of the services under this agreement. If any action or proceeding is brought against the Indemnitees by reason of any of the matters against which Contractor has agreed to indemnify the Indemnitees as above provided, Contractor, upon notice from the Corporation, shall defend the Indemnitees at Contractor's expense by counsel acceptable to the Corporation. The Indemnitees need not have first paid any of the matters as to which the Indemnitees are entitled to indemnity in order to be so indemnified. The insurance required to be maintained by Contractor under paragraph 13 shall ensure Contractor's obligations under this paragraph, but the limits of such insurance shall not limit the liability of Contractor hereunder. The provisions of this paragraph shall survive the expiration or earlier termination of this agreement. The Contractor's indemnification does not extend to claims occurring as a result of the Corporation's active negligent or willful acts or omissions. LAX2:182476.2 -10- 0 200 Section 13 LIABILITY INSURANCE 13.1 PARK VISTA LIABILITY INSURANCE Corporation shall obtain and keep in force and effect, adequate insurance against physical damage (e.g., fire with extended coverage endorsement, boiler and machinery, etc.) and against liability for loss, damage, or injury to property or persons which might arise out of the occupancy, management, operation, or maintenance of the Premises. The amounts and types of insurance shall be acceptable to both parties and any deductible required under such insurance policies shall be at Corporation's expense. Contractor and the City of El Segundo shall be covered as an additional insured on all liability insurance maintained with respect to the Premises. Liability insurance shall be adequate to protect the interests of both Corporation and Contractor. Corporation agrees to furnish Contractor with two (2) copies of insurance endorsements, certificates or duplicate copies of such policies evidencing such coverage within 60 days of the effective date of this Agreement. Said policies shall provide that notice of default or cancellation shall be sent to both parties and shall require a minimum of 30 days' written notice before any cancellation of/or changes to said policies. 13.2 CONTRACTOR LIABILITY INSURANCE (a) Contractor will maintain on behalf of Corporation and at the expense of Contractor, the following insurance policies: 1. Fire coverage shall be for full replacement value of the facility. 2. Earthquake coverage shall be for the full replacement value of the facility. 3. General Liability coverage in an amount not less than $1,000,000 per occurrence and $2,000,000 annual aggregate. Coverage shall be at least as broad as ISO Commercial General Liability Coverage Form CG 0001. 4. Umbrella Liability coverage in an amount of not less than $1,000,000 single limit and $2,000,000 annual aggregate. 5. Directors & Officers Liability (Professional Liability) in an amount of not less than $1,000,000 aggregate inclusive of defense expenses. (b) In addition to the above coverage, Contractor shall maintain at its own expense the following insurance coverage: 1. Fidelity bond covering all employees of Contractor who handle funds, including all such employees assigned to Park Vista, LAX2:182476.2 -11- 0 201 2. General Liability coverage in an amount not less than $1,000,000 per occurrence and $2,000,000 annual aggregate. Coverage shall be at least as broad as ISO Commercial General Liability Coverage Form CG 0001. 3. Workers' Compensation coverage shall be required by the State of California covering Bodily Injury in an amount not less than $1,000,000 for each employee assigned under this Agreement. Employers' liability of $1,000,000 per occurrence for bodily injury or disease. 4. Employers Automobile Non Ownership Liability coverage in an amount of not less than $1,000,000 covering all employees assigned to Corporation who use their personal automobiles for Corporation business. Coverage shall be at least as broad as ISO Business Auto Form CG 0009 Non -Owned Autos. (c) The following parties shall be added by endorsement as insured parties: The City of El Segundo, its employees, agents, officers, councilpersons, appointed and elected officials as well as The El Segundo Senior Citizen Housing Corporation, its Board, its employees, agents, officers, directors, and appointed officials. (d) All of the above policies must be written by an insurance company licensed to do business in California with a "Best Rating" of not less than A -XII. Section 14 CONTRACTOR'S COMPENSATION AND EXPENSES As compensation for the services provided by Contractor under this Agreement (and exclusive of reimbursement of expenses to which Contractor may be entitled hereunder), Park Vista stall pay Contractor as follows: 14.1 FEE FOR MANAGEMENT SERVICES For its proper performance of all the services as set forth herein, Contractor shall be paid the fee of $ per month ($ this Agreement. 14.2 FOR APARTMENT LEASING None. Included in 15.1. LAX2:182476.2 annually), each year thereafter during the term of -12- 0 202 Section 15 REPRESENTATIONS Corporation represents and warrants: That Corporation has full power and authority to enter this Agreement; that there are no written or oral agreements affecting the Premises other than tenant leases, copies of which have been furnished to Contractor; that there are no recorded easements, restrictions, reservations, or rights of way which adversely affect the use of the Premises for the purposes intended under this Agreement; that to the best of Corporation's knowledge, the property is zoned for the intended use; that all leasing and other permits for the operation of the Premises have been secured and are current; that the building and its construction and operation do not violate any applicable statutes, laws, ordinances, rules, regulations, orders, or the like (including, but not limited to, those pertaining to hazardous or toxic substances); that the building does not contain any asbestos, urea, formaldehyde, radon, or other toxic or hazardous substance; and that no unsafe condition exists. Notwithstanding the foregoing, in entering into this contract, Corporation has materially relied upon the representations, inducements and promises set forth in the " PROPOSAL FOR MANAGEMENT SERVICES" and the enclosures thereto submitted by Section 16 STRUCTURAL CHANGES Corporation expressly withholds from Contractor any power or authority to make any structural changes in any building, or to make any other major alterations or additions in or to and such building or to any equipment in any such building, or to incur any expense chargeable to Park Vista other than expenses related to exercising the express powers vested in Contractor through this Agreement, without the prior written consent of the Corporation Board of Directors. However, such emergency repairs as may be required because of danger to life or property, or which are immediately necessary for the preservation and safety of the Premises or the safety of the tenants and occupants thereof, or required to avoid the suspension of any necessary service to the Premises, or to comply with any applicable federal, state, or local laws, regulations, or ordinances, shall be authorized pursuant to the appropriate paragraphs of this Agreement, and Contractor shall notify Corporation accordingly. Section 17 BUILDING COMPLIANCE Subject to those requirements set forth herein, Contractor assumes no liability, and is given no responsibility for compliance of the Premises, or any equipment therein, with the requirements of any building code, statute, ordinance, law, or regulation of any governmental body or of any public authority or official thereof having jurisdiction thereof, except to notify Corporation promptly or to forward to Corporation promptly, any complaints, warnings, notices, or summonses received by Contractor relating to such matters. Corporation represents that to the best of its knowledge the Premises and all such equipment comply with all such requirements. LAX2:182476.2 -13- 0 203 Section 18 TERMINATION 18.1 TERMINATION BY EITHER PARTY This Agreement may be terminated -by Corporation, with or without cause, upon 60 days written notice to Contractor. This Agreement shall also terminate, unless renewed by mutual consent of the parties hereto, at the end of the initial three (3) year Agreement term. 18.2 TERMINATION FOR CAUSE Notwithstanding the foregoing, the Agreement shall terminate and all obligations of the parties hereunder shall cease (except as to those liabilities and/or obligations which have accrued or arisen prior to such termination according to the terms of this Agreement, upon the occurrence of any of the following events: (a) BREACH OF AGREEMENT - Thirty (30) days after the receipt of notice by either party to the other specifying in detail a material breach of this Agreement, if such breach has not been cured within said thirty (30) day period; or if such breach is of a nature that it cannot be cured within said thirty (30) day period but can be cured within a reasonable time thereafter, if efforts to cure such breach have not commenced and/or such efforts are not proceeding and being continued diligently both during and after such thirty (30) day period prior to the breach being cured. HOWEVER, the breach of any obligation of either party hereunder to pay any monies to the other party under the terms of this Agreement shall be deemed to be curable within thirty (30) days. (b) INADEQUATE INSURANCE - If Contractor or Corporation deems that the liability insurance obtained by the other as required by the terms hereof, is not reasonably satisfactory to protect its interest under this Agreement. If Corporation and/or Contractor cannot agree as to adequate insurance, either party shall have the right to cancel this Agreement upon the service of 60 day written notice to the other. (c) EXCESSIVE DAMAGE - Upon the destruction of, substantial damage to, or loss of the Premises by force majeure, eminent domain or such other cause, in any case making it impossible or impracticable to continue operation of the Premises. (d) FAILURE TO ACT, ETC. - In the event any insurance required of Corporation or Contractor is not maintained or it is alleged or charged that the Premises, or any portion thereof, or any act or failure to act by Corporation or Contractor, with respect to the Premises, fails to comply with any law or regulation, or any order or ruling of any public authority, and that the action or position of either party hereto or their representatives, with respect thereto, may result in damage or liability to either party, or disciplinary proceeding with respect to Contractor's LAX2:182476.2 -14 0 204 license. Such termination shall not release the indemnities of the parties to one another as set forth herein. 18.3 CORPORATION RESPONSIBLE FOR PAYMENTS Upon termination of or withdrawal from this Agreement, Corporation shall assume the obligations and responsibilities of any contract or the payment of any outstanding bill properly undertaken by Contractor under this Agreement for and on behalf Park Vista. Contractor shall deliver to Corporation, within ten (10) days after the termination of this Agreement: all monies due Park Vista in addition to tenant security deposits being held by Contractor with respect to the Premises; a final accounting reflecting the balance of income and expenses with respect to the Premises as of the date of termination; all records, contracts, leases, receipts for deposits, and other papers and/or documents which pertain to the Premises. Section 19 INDEMNIFICATION SURVIVES TERMINATION All representations and warranties of the parties contained herein shall survive the termination of the Agreement. All provisions of the Agreement that require the parties to insure, indemnify or hold harmless one another shall survive any termination; and if Contractor, Corporation or Corporation Board of Directors becomes involved in any proceeding or litigation by reason of the matters contained in this Agreement, such provisions shall apply as if this Agreement were still in effect. Section 20 HEADINGS AND ATTACHMENTS All headings and subheadings employed within this Agreement and in the accompanying List of Provisions are inserted only for convenience and ease of reference and are not to be considered in the construction or interpretation of any provision of this Agreement. However, Corporation's request for proposal is incorporated herein by this reference except as to those matters that have been altered or specifically deleted by the terms of this Agreement. Section 21 FORCE MAJEURE Any delays in the performance of any obligation of either of the parties hereto under the terms of this Agreement shall be excused to the extent that such delays are caused by wars, national emergencies, natural disasters, strikes, utility failures, governmental regulations, riots, adverse weather, and other similar causes not within the control of Agent, and any time periods required for performance shall be extended accordingly. LAX2:182476.2 Section 22 COMPLETE AGREEMENT This Agreement shall constitute the entire agreement between Corporation and Contractor with respect to the management and, operation of -the Premises and supersedes and replaces any and all previous management agreements entered into the parties relating to the Premises covered by this Agreement. No change to this Agreement shall be valid unless made by supplemental written agreement executed and approved by Corporation, the El Segundo City Council and Contractor in writing. Each party to this Agreement hereby acknowledges and agrees that the other party has made no warranties, representations, covenants, or agreements, express or implied, to such party, other than those expressly set forth herein, and that each party, in entering into and executing the Agreement, has relied upon no warranties, representations, covenants, or agreements, express or implied, to such party, other than those expressly set forth herein. Section 23 RIGHTS CUMULATIVE; NO WAIVER No right or remedy herein conferred on or reserved to either of the parties to this Agreement is intended to be exclusive of any other right or remedy, and each and every right and remedy shall be cumulative and in addition to any other right or remedy given under this Agreement or now or hereafter legally existing upon the occurrence of an event of default under this Agreement. The failure of either party to this Agreement to insist at any time upon the strict observance or performance of any of the provisions of the Agreement, or to exercise any right or remedy as provided in this Agreement, shall not impair any such right or remedy or be construed as a waiver or relinquishment of such right or remedy with respect to subsequent defaults. Every right and remedy given by this Agreement to the parties to it may be exercised from time to time and as often as may be deemed expedient by those parties. Section 24 APPLICABLE LAW AND PARTIAL INVALIDITY The execution, interpretation, and performance of this Agreement shall in all respects be controlled and governed by the laws of the State of California. If any part of this Agreement shall be declared invalid or unenforceable, then the Agreement shall remain in full force and effect exclusive of such unenforceable provision. Section 25 NOTICES Any notices, demands, consents, and reports necessary or provided for under this Agreement shall be in writing and shall be addressed as follows, or at such other address as Corporation and Contractor individually may hereafter specify in writing: LAX2:182476.2 -16- ?p6 Park Vista Board of Directors c/o 1210 E. Mariposa Ave. El Segundo, CA 90245 - Such Notice or other communication may he mailed by United States registered or certified mail, return receipt requested, postage prepaid, and may be deposited in a U.S. Post Office or a depository for the receipt of mail regularly maintained by the Post Office. Such notices, demands consents and reports may also be delivered by hand or by any other accepted method or means permitted by law. For purposes of the Agreement, notices shall be deemed to have been "given" or "delivered' upon personal delivery thereof or three business days after having been deposited in the U.S. mails as provided herein. Section 26 AGREEMENT BINDING UPON SUCCESSORS AND ASSIGNS This Agreement shall be binding upon the parties hereto and their respective personal representatives, heirs, administrators, executors, successors, administrators, trustees and assigns. IN WITNESS WHEREOF, the parties hereto have affixed their respective signatures this day of , 199_. EL SEGUNDO SENIOR CITIZENS HOUSING CORPORATION aka PARK VISTA LO-A LAX2:182476.2 -17- 0 207 EL SEGUNDO CITY COUNCIL AGENDA ITEM STATEMENT AGENDA DESCRIPTION: MEETING DATE: September 16, 1997 AGENDA HEADING: New Business - City Manager Presentation by The Warner Group of the El Segundo Public Safety Communications Dispatch Center Assessment study. RECOMMENDED COUNCIL ACTION: 1. Receive report and adopt the recommendations and action plan as outlined. 2. Direct staff to draft correspondence to member agencies advising of the City's intent to follow the recommendations in the report. INTRODUCTION AND BACKGROUND: On March 4, 1996, the City Council gave approval to enter into a contract with The Warner Group to perform a study of the City's public safety communications system. The Warner Group was selected to conduct a comprehensive evaluation of El Segundo's continuing participation in the Joint Powers Agreement for emergency communications, and to develop a strategy to assure that future public safety communication needs are met. This report has been concluded and is available for presentation and discussion. This presentation will emphasize information within the written report including: • Current Environment and Key Findings • Communication /Dispatch Needs • Analysis of Alternatives • Recommendations and Action Plan It is estimated that the presentation will require approximately 10 minutes with questions to be answered thereafter. DISCUSSION: Receive and file report ATTACHED SUPPORTING DOCUMENTS: Report by The Warner Group, "Public Safety Communications Dispatch Center Assessment" FISCAL IMPACT: (Check one) Operating Budget: Capital Improv. Budget: Amount Requested: None Project/Account Budget: ProjectlAccount Balance: Date: Account Number: Project Phase: Appropriation Required -Yes No ORIGINATED: n Date: September 4, 1997 «,ter .. Chief of -. - ff,11wrA I q —�o - C/, -/ — ACTION TAKEN: 0 208 PD -I- 1- 9/4/97 - 12:30 pm EL SEGUNDO CITY COUNCIL MEETING DATE: September 16, 1997 AGENDA ITEM STATEMENT AGENDA HEADING: New Business - City Manager AGENDA DESCRIPTION: Additional appropriation of $75,000.00 to fund temporary additional storm drain pumps at Pump Stations Nos. 15 and 19 and authorize staff to proceed with installation. RECOMMENDED COUNCIL ACTION: 1. Approve appropriation of $75,000.00 from unallocated General Fund Reserves. 2. Authorize the Mayor to execute the necessary agreements on behalf of the City. INTRODUCTION AND BACKGROUND: Historically, during periods of heavy rains, the City has experienced local flooding in the areas around Franklin Avenue /Arena Street and Standard Street/El Segundo Boulevard. The problems are do primarily to the limited pumping capacity of Pump Stations Nos. 15 and 19. DISCUSSION: Weather forecasters have predicted a significant heavier rainfall this next year due to the "El Nino" conditions which have been observed in the Pacific Ocean. The reports indicate that the area may receive rainfall two (2) to three (3) times greater than average. As a result, staff has looked into augmenting the existing storm drain pumping capacity at Pump Stations Nos. 15 and 19 in order to minimize potential flood damage claims. continued on next page........... ATTACHED SUPPORTING DOCUMENTS: Griffin Dewatering Corporation proposed services and pricing. FISCAL IMPACT: Operating Budget: Yes Capital Improvement Budget: Amount Requested: $75,000.000 Project/Account Budget: Project/Account Balance: Date: Account Number. Project phase: Proiect approval Appropriation Required: Yes TED BY: Date: Page 1 of 2 PW- SEPT16 -02 (Monday 9/8/9711:00 AM) DISCUSSION: (continued) Attached is a quotation from Griffin Dewatering Corporation for providing a 10" storm drain pump at each of the locations. At Pump Station No. 19, the pump is proposed to be connected directly to the County discharge line in El Segundo Boulevard. The addition of the temporary pump at Pump Station No. 19 will more than double the pumping capacity at the Pump Station. At Pump Station No. 15, the pump will be connected to a discharge line routed to El Segundo Boulevard which will result in the water flowing to Pump Station No. 19. While it is difficult to calculate the relative increase in pumping capacity at Pump Station No. 15, redirecting some of the water to Pump Station No. 19 will have the additional benefit of alleviating flooding at Eucalyptus Drive and Holly Avenue, another area which experiences flooding in times of severe rain. Staff is continuing to find the most economical manner to provide the additional pumping capacity discussed above. If staff finds a less expensive way to accomplish the same result, staff will prepare the agreement for the lower cost method. The proposed plan would provide for the temporary pumps to be in place for six (6) months. Page 2 of 2 0 210 PW- SEPT16 -02 (Monday 9/8/9711:00 AM) 'r ri Ula— ::7 —. ^� YJJ :�7 rl'1 _ls R:arr 1M, LILY 1 H1. August 29, 1997 City of El Segundo 150 Illinois Street El Segundo, California 90245 Attention: Mr. Jack iiiltun Subject: Temporary Storm Water Pumps Location: El Segundo, California Griffin Project No. PG -CA -0235 Gentlemen: TaNp"N Griffin Dswaterin0 Corporation 538 East Maitland 8trsst onurio. California 91701 (000) 088.4408 FAX (000) 088-8457 Uoanse No. 448878 Griitin is pleased w subudt lids prupuwd to perform pumping services fur the above referenced project. This proposal is based on the information available to Griffin and addresses the work we will perform, the assistance we will need and our price for the work. SCOPE OF WORK Griffin proposes to supply, install/remove and rent, pumping equipment capable of pumping 3375 GPM at 85 feet TDH. PROPOSED SERVICES AND PRICING The pumping equipment for each pump station will consist of the following: 1- 10" self priming dime( driven tmgh pump 245 Gallon - Fuel tank 40 LF - Suction hoses/piping 50 LF - Discharge hoseslpiping Suction hoses/piping for both pump stations will be placed into the existing sumps. Discharge hos*piping for the 19th Street pump Station will be placed up to the inspection plate of the counter weighted check valve in the underground vault. Discharge hoses/piping for the 15th Street Pump Station will be placed up to the 6" or 10" above ground conn4ction, GdMn to supply, install/rcmwe the above, including the first ISO days of equipment rentt 211 for the following prices: MUI.— 7-7 i �7a:at1 t�t9 laKiFF iN,UNIi -title VORIFFIN 19th Street Pump Station Instellation/remuval including valve vault connection $17,510.00 180 days of equipment rental including tax $22,992.30 15th Street Pump Station Installation/removal S 7,660.00 190 days of equipment rental including tax 522,992.311. The above pricing is based upon a 6 month minintunt retrial. Rental of the equipment shall commence upon completion of the installation and will terminate at the time Griffin is notified that it is ready for removal/return. Griffin will perform the agreed upon services in a timely, and workmanlike manner. Griffin intends to perform its installation work on a continual and uninterrupted manner with one (1) mobilization for installation and one (1) mobilization for removal, per pump station. Griffin assumes no responsibility to satisfy any specific contract specification unless so stated in this proposal. Griffin will only assume the obligation to supply the equipment and perform the work stated herein. CONMCTOR OBLIGATIONS Griffin's 'Terms and Conditions" list the services, equipment, and materials to be furnished by the General Contractor to assure the successfill completion of Griffin's work. * Preparation of suitable areas for equipment and material storage. * Acquisition and maintenance of alt permits. * Jobsite security. * Adequate pedestrian and traffic control and protection. * All operation and maintenance of all the pumping equipment installed, including manpower, fuel, lubricants, etc. OLMAL: Any offer by Griffin is made without regard to the general conditions, supplementary or special eonditiotu or clauses, or other provisions of the bid documents or prittte contract aar+txment. whether stated or referenced on the offer document. DELAYS: Odfiln intends to perform its installation and removal work in a continual and uninterrupted manner, on a 40 hours per week/8 pouts per day basis. TWa client shall be responsible for all reasonable cots and additional clam associated with any delays in GrMn's work to the extent Griffin It nql, 12 cawed the delays. Client shall grant reasonable amount of additional time to compute 11"WRN no fault of Gri9in, LIQUIDATED DAMAGES: 77re contract price does not include any allowances for liquidated of consequential damages. We will not accept airy contract document containing a liquidated damage or consequential damp provision. INSURANCE: Griffin shall provide at its own expense and maintain during the teem of the contract its standard insurance coverage. A Certificate of Inure stating this will be ftodshed upon request. Griffin shall be reimburud for the coda of any additional coverage requested in excess of its otisting policy. INDF.h1NEFICATION: Griffin agrees to indemnity and hold client harmless from and against any and all cauxt of action, claims, and suits and to Indemn* and reimbl= Clint for fount costs and fasoaable suornor's and witncas tae assudatod with the Wcnac of any such mdWr all to rho OW441 that Griffin is found to be nogiipnt or at fault with the exception of the below terms. Client agrees to indannify and hold GriMn imea+tas from and apinst any and all causes of action, claims, and suits and to indemnify ad reintbaoe Grift for court etas and reasonable attorney's and witness foes aswciated with tiro defense of airy such matter all to the extant that the client is found to be neglipnt or at fault. PROPERTY DAMAGE: Client agrees to indemnify and Iwld Griffin harmless from AM against any and all causes of action, claims and will Concerning alleged danvVs to property resalting !torn Griffin's participation in this project. PAYNIENT: Tcnus are rut 3t) days Mun date of lavoice. This offer is subject to the inclusion of Griffin's Terms and Conditions as stated above. Such terms and conditions will control where there is any inconsistency between the terms of this proposal and any subsequent agreement. Griffin's California Contractors license No. is 448878 with the A and C -57 Classifications. If you require that we provide a Waiver of Subrogation, then there will be an extra cost. Griffin appreciates the opportunity to present this proposal which is valid for a period of 60 days. Should you have any questions, please contact the Ontario, California office. Yours truly, GRIFFIN DEWATEWNG CORPORATION 31 Jose Somers, JS /mc attachments 0 213 EL SEGUNDO CITY COUNCIL MEETING DATE: September 16, 1997 AGENDA ITEM STATEMENT AGENDA HEADING: New Business City Clerk AGENDA DESCRIPTION: An Ordinance of the City Council repealing Chapter 2.09, Regulations of Campaign Contributions, from the municipal code, and replacing Chapter 2.09 with an Ordinance establishing a Voluntary Expenditure Ceiling ( "VEC ") in light of recent State regulations (Proposition 208). RECOMMENDED COUNCIL ACTION: Discussion. Read the Ordinance by title only. Introduce Ordinance and schedule October 7, 1997 for second reading. INTRODUCTION AND BACKGROUND: Proposition 208 was passed by the voters at the November 5, 1996 election and became effective January 1, 1997. The measure imposes new contribution limits and extensively amends the California Political Reform Act's provisions regarding political campaign finance and disclosure. Currently Chapter 2.09 addresses the reporting and enforcement guidelines. To eliminate cintradiction and confusion, I am suggesting Council delete Chapter 2..09 from the municipal code. Effectively all section of the Chapter are covered by the New Act. The gray area seems to concern section (e) "Total anonymous contributions to a candidate or committee which exceed in the aggregate One Thousand and no /100ths ($1,000) dollars with respect to a single election shall not be used by the candidate or the committee of the candidate for whom they were intended." The record keeping and reporting on this, to the Clerk's office, precludes the Clerks' office from enforcing this, and their is no accurate way to report total anonymous donations. Since this item is not addressed in the New Act there is some dispute. I suggest deleting the chapter entirely. The Act permits local agencies to establish a Voluntary Expenditure Ceiling "VEC ". The ACT provides that the City Council may establish a "VEC" for candidates and their controlled committees not to exceed one dollar per resident (15,223 *). The limit can be set at lower levels by the governing body or higher levels by a vote of the electorate. (attached for your convenience is a graph of the average amount spent during the past threer Council elections). However, the City Attorney advises that there are limitations on how low the level can be set. Contributions from person (including a candidate's spouse in local elections are limited based upon the jurisdiction's population and whether the candidate agrees to the "VEC ". If a candidate agrees to be bound by the "VEC ", the contribution the candidate can receive from any individual donor or small contribution committee more than doubles. Candidates agreeing to the "VEC" are also required to be prominently identified in the ballot pamphlet as having agreed to the "VEC ". Specifically, if the candidate has not agreed to the "VEC ", persons ( individuals, business entities and certain committees) may contribute $100 per candidate per election. If the candidate files a statement agreeing to the Voluntary Expenditure Ceiling (FPPC Form 500) and the Council had adopted a "VEC" persons may only contribute $250 per candidate per election. In races where some candidates agree to be bound by the "VEC" and others do not, the Act attempts to equalize the playing field. For example, where a candidate not agreeing to the "VEC" receives contributions, has cash on hand or makes qualified expenditures equal to 75% or more of the "VEC ", the "VEC" for those candidates who have agreed to those voluntary limits would be tripled. * Based on the 1990 federal census data (continued next page) r� h 1 ATTACHED SUPPORTING DOCUMENTS: 1. Draft ordinance. 2. Fact Sheet, prepared by FPPC. 3. Chapter 2.09 of the Municipal Code. 4 State Law as changes by Proposition 208 5. Graph of average campaign expenditures FISCAL IMPACT: NONE ORIGINATED: Date: September 8, 1997 0 215 2 RESOLUTION NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA REPEALING CHAPTER 2.09 OF THE EL SEGUNDO MUNICIPAL CODE RELATING TO REGULATION OF CAMPAIGN CONTRIBUTIONS AND ADOPTING SECTION 2.09.010 REGARDING A VOLUNTARY EXPENDITURE CEILING FOR ALL MUNICIPAL ELECTIONS THE CITY COUNCIL OF THE CITY OF EL SEGUNDO DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The existing Chapter 2.09 of the E1 Segundo Municipal Code d s hereby repealed. SECTION 2. Chapter 2.09 is added to the E1 Segundo Municipal Code to read as follows: "Chapter 2.09 REGULATION OF CAMPAIGN CONTRIBUTIONS 2.09.010 ESTABLISHMENT OF VOLUNTARY EXPENDITURE LIMITS (a) On November 5, 1996, the voters of the State of California adopted Proposition 208. Proposition 208 expressly authorizes local jurisdictions to establish Voluntary Expenditure Ceilings for candidates and controlled committees of such candidates for elective office not to exceed one dollar ($1) per resident for each election in the jurisdiction in which the candidate is seeking elective office. Based upon the 1990 federal census data, the resident population of E1 Segundo is 15,223. (b) It is in the best interests of the City of E1 Segundo to establish a Voluntary Expenditure Ceiling for all municipal elections held in the City, in that such a ceiling could minimize the potentially corrupting influence and appearance of corruption caused by excessive contributions and expenditures in campaigns by providing a reasonable spending limit for candidates. (c) A Voluntary Expenditure Ceiling may also allow candidates and officeholders to spend a lesser proportion of their time on fundraising and a greater proportion of time communicating issues of importance to voters and constituents. LAX2:189521.1 0 U (d) Pursuant to California Government Code section 85400, the Voluntary Expenditure Ceiling for each municipal election held in the City shall be and shall apply both to candidates and controlled committees of such candidates running for office." SECTION 3. The City Clerk shall certify the ado tion of this Ordinance and shall cause the same to be -el as required by law. TUB 1 �D PASSED, AND APPROVED this day of I 1997. Sandra Jacobs, Mayor of the City of El Segundo, California ATTEST: Cindy Mortesen, City Clerk (SDAL) APPROVED AS TO FORM: Mark ensley, City Attor ey LAX2:189521.1 _2_ 0 ' PROPOSITION 208 Fact Sheet For: City, County and Special District Officeholders & Candidates On November 5, 1996, Proposition 208, the California Political Reform Act of 1996, was passed by the voters. The provisions of Proposition 208 amend the Political Reform Act of 1974. The new provisions became effective January 1, 1997. Under Proposition 208, the amount of contributions individuals, corporations, unions, PACs, organizations and other entities may contribute to candidates seeking election in local jurisdictions is limited. In addition, Proposition 208 also provides for voluntary spending limits at the local level if the local jurisdiction provides for them. This fact sheet is being provided for informational purposes only, and is not intended to provide legal interpretation of the provisions contained in Proposition 208. The Commission's Legal Division is in the process of developing emergency regulations and responding to requests for written advice concerning the provisions of Proposition 208. These emergency regulations and advice letters may be accessed on the Commission's website http: / /www.fppc.ca.gov /fppc/ or may be ordered toll -free via fax on demand by calling 1- 888 - 622 -1151. Many of the provisions of Proposition 208 are currently being challenged in the U.S. District Court,-Eastern - District of Caiif -nia. Ban on Off -Year Fundraising: Candidates seeking election in local jurisdictions are prohibited from accepting contributions for a period of time before any primary or special primary election or, in the event there is no primary or special primary election, any regular election or special election in which the candidate is attempting to be on the ballot or is a write -in candidate. In districts of fewer than 1,000,000 residents, candidates may not accept contributions prior to 6 months before their election. In districts with 1,000,000 or more residents, candidates may not accept contributions prior to 12 months before their election. Example: A district with fewer than 1,000,000 residents is holding an election on November 4, 1997. Effective January 1, 1997, all candidates seeking election, including officeholders seeking re- election, may not accept a campaign contribution (including the candidate /officeholder's personal funds), until May 4, 1997. Prepared by: Fair Political Practices Commission 428 J Street Sacramento, CA 95814 -1- r ' 2/97 A committee with debt from pre -1997 elections may continue to collect contributions to retire the debt. The funds must be collected subject to the contribution limits of Proposition 208, applied separately to each election. The funds do not count against the contribution limits for post - January 1, 1997, elections. A committee's campaign bank account may not be redesignated for a future election if the committee has any outstanding debts. SELECTED PROVISIONS OF PROPOSITION 208 RELATIVE TO YOUR NEXT ELECTION Contributions Raised Prior to January, 1997: Contributions raised prior to January 1, 1997 may be transferred to a future election account after January 1, 1997, and are not subject to the limits contained in Proposition 208. The candidate and committee receiving the transfer must have a Candidate Intention Form 501 and a Campaign Bank Account Form 502 on file designating an election date. If a candidate opened such an account prior to January 1, 1997, he /she is not required to open a new bank account. Contribution Limits (Per Election): — Local races in districts with 100,000 or more residents: individuals, business entities, unions, organizations, PACs, et al: $250 Small contributor committees: $500 Local races in districts with fewer than 100,000 residents: individuals, business entities, unions, organizations, PACs, et al: $100 Small contributor committees: $200 There are provisions in Proposition 208 that will increase the contribution limits, for example, if a local jurisdiction provides for voluntary spending limits. The contribution limits do not apply to the candidate's personal funds used to support his/her own election. However, limits apply to contributions from a spouse. A candidate's personal funds that he /she loans to the committee may not exceed $20,000 at any one time. All loans or extension of credit for more than 30 days to a candidate by other persons are treated as contributions and subject to the applicable limits. This does not apply to loans from a bank or financial institution made in the normal course of business. Transfer Ban: Proposition 208 prohibits the transfer of contributions received by one officeholder or candidate to any other officeholder or candidate for elective office. Candidates may use personal funds within the limits to make contributions to other candidates/officeholders. Members of Public Boards and Commissions: Individuals who are appointed members of public boards or commissions may not make contributions to, accept contributions for, -or solicit contributions on behalf of, the person who made the appointment. Bundling of Contributions: Contributions made directly or indirectly to a candidate through an intermediary are treated as contributions from the contributor and the intermediary for purposes of the contribution limit; unless the intermediary is the candidate or candidate's eligible representative, or a volunteer hosting a fundraiser away from his/her place of business. FPPC FACT SIFT 2/97 -3- Q 219 916/322 -5660 5. MAY CITIES AND COUNTIES IMPOSE THEIR OWN CONTRIBUTION LIMITS? Cities and counties may establish or maintain in effect contribution limits which are "as or more stringent" than those established by Proposition 208. However, a local jurisdiction may enforce contribution or voluntary expenditure limits that are higher than those set by Proposition 208 only by a vote of the people. 6. WHAT ARE THE VOLUNTARY EXPENDITURE LIMITS IMPOSED BY PROPOSITION 208? Proposition 208 creates a set of voluntary expenditure ceilings in an attempt to regulate the amount of money spent on political campaigns. The measure also includes incentives to encourage candidates to accept the limits. a. Ceiling: Proposition 208 does not require that voluntary limits be in place in local jurisdictions, but rather permits each city and county to establish voluntary expenditure ceilings in any amount of one dollar ($1) or less per resident for each election in the jurisdiction. b. Incentives: If the city or county adopts a voluntary expenditure ceiling, candidates must file a statement of acceptance or rejection of the ceiling before accepting any contributions. If the candidate accepts the expenditure limitations, the per person contribution limit described in question 1, above, is increased to $250 per election in jurisdictions with fewer than 100,000 residents and to $500 per election in jurisdictions with 100,000 or more residents. It is not entirely clear how this provision will affect March, 1997 local elections, since some candidates will already have accepted contributions prior to the time the expenditure ceiling, if any, takes effect. Once a candidate who does not accept the expenditure ceiling raises or spends 75% of the recommended expenditure ceiling for that office, the voluntary expenditure ceiling for other candidates in the same race will automatically triple. If an independent expenditure committee or committees in the aggregate spend 50% or more of the applicable expenditure ceiling in support of or in opposition to any candidate, the other candidates' voluntary expenditure ceiling automatically triples. If an independent expenditure committee or committees in the aggregate spend 25% or more of the applicable expenditure ceiling in support of or in opposition to any candidate, the other candidates' voluntary expenditure ceiling automatically doubles. Proposition 208 also requires that local elections officials designate on the ballot, in the ballot pamphlet, and in the sample ballot, which candidates have accepted the voluntary expenditure ceilings. The Fair Political Practices Commission ( "FPPC ") will issue a regulation regarding the manner of designation but that regulation may not take effect prior to the ballot printing deadline for March 1997 elections. . ^n -3- WOWS Fkcr —m. WATSON 6 GeRsHaN AVWnun at L... EL SEGUNDO MUNICIPAL CODE Page 2 -9 m;f-1c *7 - AnMTNTgTRATION AND PERSONNEL Chapter 2.09 REGULATION OF CAMPAIGN CONTRIBUTIONS Sections: 2.09.U10 CAMPAIGN CONTRIBUTIONS: LIMITATIONS: DISCLOSURES. 2.09.020 CAMPAIGN EXPENDITURES UNCONTROLLED BY CANDIDATES OR COMMITTEES. 2.09.030 SUPPLIERS OF GOODS AND SERVICES: DISCLOSURE OF RECORDS REQUIRED. 2.09.040 ENFORCEMENT AUTHORITY. 2.09.050 PENALTIES. 2.09.060 RULES OF CONSTRUCTION. 2.09.070 FILING DEADLINES. 2.09.080 CIVIL ACTIONS. 2.09.010 CAMPAIGN CONTRIBUTIONS: LIMITATIONS: DISCLOSURES. (a) Contribution Defined. For the purposes of this section, "contribution" shall mean a payment, loans and extensions of credit (other than those made by financial institutions), a payment of a loan from a financial institution by a third party, or an enforceable promise to make a payment, except to the extent that full and adequate consideration is received, unless it is clear from the surrounding circumstances that it is not made for political purposes. An expenditure made at the behest of a candidate, committee, or elected officer is a contribution to the candidate, committee, or elected officer, unless full and adequate consideration is received for making the expenditure. The term "contribution" shall include the purchase of tickets for events such as dinners, luncheons, rallies, and similar fund- raising events; the granting of discounts or rebates not extended to the public generally or the granting of discounts or rebates by television and radio stations and newspapers not extended on an equal basis to all candidates for the same office; and the payment of compensation by any person for the personal services or expenses of any other person if such services are rendered or expenses incurred on behalf of a candidate or committee without the payment of full and adequate consideration. The term "contribution" shall further include any transfer of anything of value received by a committee from another committee. The term "contribution" shall not include amounts received pursuant to an enforceable promise to the extent such amounts have been previously reported as contribution. However, the fact that such amounts have been received shall be indicated in the appropriate campaign statement. Notwithstanding the foregoing definition of "contribution," the term shall not include volunteer personal services or payments made by any individual for his own travel expenses if such payments are made voluntarily without any understanding or 0 221 ( June, 1994 ) EL SEGUNDO MUNICIPAL CODE Page 2 -10 T;rtA 9 - AnMTNISTRATION AND PERSONNEL agreement that they shall be directly or indirectly repaid to him. -- (b) Person defined. For the purpose of this section, "person" shall mean an individual, proprietorship, firm, partnership, joint venture, syndicate, business trust, company, corporation, association, or committee. (c) Contributions by person. No person, other than a candidate shall make, solicit, or accept any contribution which shall cause the total amount contributed by such person with respect to a single election in support of such candidate to exceed Two Hundred and Fifty and no 100ths ($250.00) Dollars. The expenditures of a candidate's controlled committee shall not be subject to this limitation. After receipt of notice by certified mail or personal delivery to the candidate and contributor sent by the city clerk or his designee, within three days from such notice that this ordinance has been violated any amount received in violation of this subsection shall be promptly paid from available campaign funds to the treasurer of the city for deposit in the General Fund of the city, and shall be earmarked to be used for the purpose of defraying the costs of elections borne by the city, and shall not be used to benefit any candidate or committee. (d) Anonymous contributions by individuals. No person shall make, and no candidate or committee shall solicit or accept, any anonymous contribution which will cause the total amount of anonymous contributions by such person with respect to a single election to be One Hundred and no /100ths Dollars ($100.00) or more. A list of all amounts, names and addresses of anonymous contributors must be maintained and be available for review by the city treasurer within twenty -four (24) hours after said request is made. Any anonymous contribution of One Hundred and no /100ths Dollars ($100.00) or more shall not be kept by the intended recipient. Instead after receipt of notice by certified mail or personal delivery to the candidate and contributor sent by the city clerk or his designee, within three days from such notice of violation of this section any amount in excess of this limit shall be promptly paid to the treasurer of the city for deposit in the General Fund of the city to be used for the purpose of defraying the costs of election borne by the city and shall not be used to benefit any candidate or committee. (e) Anonymous contributions. Total anonymous contributions to a candidate or committee which exceed in the aggregate One Thousand and no /100ths ($1,000.00) Dollars with respect to a single election shall not be used by the candidate or the committee of the candidate for whom they were intended. After (June, 1994) 0 222 EL SEGUNDO MUNICIPAL CODE Page 2 -11 Title 2 - ADMINISTRATION AND PERSONNEL receipt or notice by certified mail or personal delivery to the candidate and contributor sent by the city clerk or his designee, within three days from such notice of violation of this section total anonymous contributions exceeding One Thousand and no /100ths ($1,000.00) dollars shall be placed in the General Fund of the city, and shall be earmarked and used for the purpose of defraying the costs of elections borne by the city and shall not be used to benefit any candidate or committee. (f) Contributions made on behalf of another. No person shall make a contribution on behalf of another, or while acting as the intermediary or agent of another, without disclosing to the recipient of the contribution both the person's, intermediary's, or agent's own full name and street address, occupation, and the name of the person's, intermediary's or agent's employers, if any or the person's, intermediary's, or agents principal place of business if the person, intermediary, or agent is self - employed; the recipient of the contribution shall also be made aware of the full name and street address and occupation and the name of the employer, if any, or principal place of business, if self - employed, of the actual contributor. (g) Assumed name contributions. No contributions shall be made, directly or indirectly, by any person or combination of persons acting jointly in a name other than the name by which they are identified for legal purposes, nor in the name of another person or combination of persons. No persons shall make a contribution in his or its name of anything belonging to another person or received from another person on the condition that it is to be used as a contribution. After receipt of notice by certified mail or personal delivery to the candidate and contributor sent by the city clerk or his designee, within three days from such notice of violation of this section any amount received in violation of this subsection shall be promptly paid from available campaign funds to the treasurer of the city for deposit in the General Fund of the city, and shall be earmarked to be used for the purpose of defraying the costs of elections borne by the city, and shall not be used to benefit any candidate or committee. (h) Fund - raising events. In the event a candidate or committee desires to have a campaign fund - raising event of any kind directly connected with a campaign for public office, then in that connection the candidate or committee shall file a statement showing the gross income from such event, and the costs of the event shall be deducted from the gross receipts, and the net figure shall apply to the sums defined in Section (e) of this chapter. (i) Time Frame. No candidate or committee shall accept any contributions except during the election period. Election period 223 (June, 1994) __ 0 EL SEGUNDO MUNICIPAL CODE Title 2 - ADMINISTRATION AND PERSONNEL Page 2 -12 means from the time that valid nomination papers can be filed to the time that the polling places close on election day. (j) Violations: Any violation of the provisions of this section shall be subject to the same enforcement provisions set forth in Sections 91000 though 91014 of the Government Code of the state, which Sections are hereby incorporated by reference. (k) Loans. All loans, solely for the purposes of political campaigning, except loans from financial institutions will be subject to the same restrictions as defined in Section (c) of this chapter. (Ord. 1146) 2.09.02 CAMPAIGN EXPENDITURES UNCONTROLLED BY CANDIDATES OR COMMITTEES. Persons or organizations not subject to the control of a candidate but who make expenditures for or against a candidate shall indicate clearly on any material published, displayed, or broadcast that it was not authorized by a candidate when such expenditures in whole or in part would have been covered by the provisions of this chapter if they were subject to the control of a candidate. Such persons or organizations shall comply with all the filing requirements imposed on candidates and committees by this chapter. (Ord. 1146). 2.09.030 SUPPLIERS OF GOODS AND SERVICES: DISCLOSURE OF RECORDS REQUIRED. No person who supplies goods or services, or both goods and services, to a candidate or committee for use in connection with the campaign of the candidate or for or against a measure shall refuse knowingly to divulge or disclose to the enforcement authority his record of any expenditures made by the candidate or committee in payment for such goods or services, or both. (Ord. 1146) . 2.09.040 ENFORCEMENT AUTHORITY. For the purpose of this chapter, "enforcement authority" shall mean the District Attorney of the County and /or the Attorney General of the State for all civil and criminal enforcement. (Ord. 1146). 2.09.050 PENALTIES. All penalties prescribed by the Political Reform Act of 1974 shall apply to the provisions of this chapter and shall be mandatory. (Ord. 1146). ( June, 1994 ) O 22 4 EL SEGUNDO MUNICIPAL CODE Page 2 -13 Title 2 - ADMINISTRATION AND PERSONNEL 2.09.060 RULES OF CONSTRUCTION. The provisions of this chapter shall be construed liberally in order to accomplish-the purposes of this chapter. (Ord. 1146). 2.09.070 FILING DEADLINES. (1) A final pre - election filing of updated versions of all documents required by the Political Reform Act and this ordinance shall be filed and received by the city clerk by 12:00 Noon on the final Friday before the election and shall reflect all actual and anticipated expenditures and contributions through the date of the election. (2) A final post - election filing of all documents required by the Political Reform Act and this ordinance must be received by the city clerk by 12:00 Noon "on the third day after the election which shall reflect all actual expenditures and contributions through the date of the election. (Ord. 1146). 2.09.080 CIVIL ACTIONS. 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Boyette Huntington Park Treasurer Steve Klotzsche San Fernando Paul Talbot Alhambra Robert Harbicht Arcadia Cristina Madrid Azusa Bette Low es Baldwin Park George Cole Bell Glenn Duncan Chino Betty L. Cook Colton Robert A. Marcus Culver City Gary P. McCaughan, M.D. Downey Jack Thurston El Monte Jane Friedkin El Segundo Jan Flory Fullerton James W. Cragin Gardena Al Fishman Glendora Ginny Lambert Hawthorne Sam Y. Edgerton Hermosa Beach Chuck Cervello Indio lose Fernandez Inglewood Paul H. Richards Lynwood Jack Cunnirgham Manhattan Beach Robert T. Bartlett Monrovia Michael Gin Redondo Beach Doude Wysbeek San Fernando Henry C. Gonzalez South Gate Tom Thomas Upland Thomas A. Ybarra Vernon Kathy Howard West Covina Greg Nordbak Whittier MEM•RAf,D`0 Olt-& Date: August 21, 1997 To: ICRMA Governing Board Alternate Representatives From: Gordon R. Davis, ARM, ICRMA General Manager Subject: Appointment of Governing Board Representatives At the July 9, 1997, ICRMA Governing Board meeting there was discussion regarding Member Cities appointing a third ICRMA Governing Board Representative. It was determined by the Governing Board that the change would require an amendment to the ICRMA Joint Exercise of Powers Agreement. Accordingly, the ICRMA General Legal Counsel has prepared the enclosed resolution for the consideration of the City Councils of ICRMA Member Cities. The proposed Substitute Alternate Representative would serve in the absence of the currently appointed Representative and the Alternate Representative in all ICRMA matters. Two - thirds of the Member Cities must approve the resolution for the amendment to take effect. Please place this resolution on a September 1997 City Council Agenda for consideration. If this cannot be accomplished, please contact the ICRMA office immediately. If the resolution is approved, please mail a certified copy to the ICRMA office. If you have any questions, please call me. Thank you for your cooperation. Gordon R. Davis, ARM ICRMA General Manager Ken Spiker And Associates, Inc. GRD:sl Enclosure cc: Governing Board Delegate Representatives (w /o enclosure) ADMINISTRATIVEJRISK MANAGEMENT CONSULTANTS KEN SPIKER AND ASSOCIATES, INC. Gordon R. Davis, ARM, General Manager David N. Smith, Consultant Gregory J. Spiker, ARM, Consultant uoYb 3 2311 Recipient of Certificate of Recognition for compliance with the Public Risk Management Association Advisory Standards RESOLUTION NO. RESOLUTION T AMENDING T HE INDEPENDENT CITIES R SK MANAGEMENT AUTHORITY ( ICRMA) JOINT EXERCISE OF POWERS AGREEMENT TO AUTHORIZE AREPRESENTATIVE APPOINT THE SUBSTITUTE ALT ERNATE GOVERNING BOARD WHEREAS, the City of is a member of the Independent Cities Risk Management Authority ( "ICRMm Joint Powers ers Authority created pursuant to the provisions of the California Government an WHEREAS, the City of is a signatory to the Joint Powers Agreement which governs the operation of ICRMA and establishes the membership of its Governing Board; and WHEREAS, the City of desires to approve an amendment to the Joint Powers Agreement to authorize should a appointment of a desire to do substitute alternate representative to the Governing Boa NOW, THEREFORE, the City Council of the City of hereby find, determine, and declare as follows: does 1. This City Council does approve an amendment to Article V. of the Joint Powers Agreement, as amended, to read as follows: ARTICLE V. GOVERNING BOARD The Authority shall be governed by a Governing Board comprised of one Representative from each Member City. The City Council of each Member City shall appoint a member of the City Council as the Member City's Representative to the Governing Board. Each Member City shall also designate an alternate Representative and may designate a substitute alternate. The alternate and the substitute alternate Representative, if appointed, may be staff officer(s) of the Member City. Each Representative of the Governing Board has one vote. Either the alternate or substitute Representative, if appointed, may vote at meetings of the Governing Board in the absence of the Member City's Representative. Immediately upon admission of a new Member City pursuant to Article XVII, the Member City shall be entitled to appoint to the Governing Board a Representative and an alternate Representative and, if desired, a substitute alternate Representative. A Representative and /or alternate or substitute alternate Representative shall be removed from the Governing Board upon the occurrence of any one of the following events: (1) the Authority receives a written notice from the appointing Member City of the removal of the Representative or alternate or substitute alternate Representative; (2) the expulsion or withdrawal of the Member City from this Agreement; (3) the death or re2 ssi�g�ation of the A:RESOSUB.REP Representative; (4) the Authority receives the written notice from the Member City that the Representative is no longer a member of the City Council of the Member City. Representatives and their alternates, or substitute alternates, if appointed, are not entitled to compensation. The Governing Board may authorize reimbursement of expenses incurred by the Representative, or their alternates, or substitute alternates. Pursuant to Government Code Section 6505.6, the Authority shall designate an officer or employee, or officers and employees, to receive, deposit, invest, and disburse the property of the Authority pursuant to Government Code Sections 6505 and 6505.5. The Authority shall fix the amount of the fidelity bond to be filled by such public officer(s) and /or employee(s). RESOLVED FURTHER that a certified copy of this Resolution shall be provided to the General Manager of the ICRMA. PASSED, APPROVED, AND ADOPTED THIS DAY OF , 1997. Mayor City of ATTEST: City Clerk City of A:RESOSUB.REP 0 236 EUNICE M. ULLOA Mayor GLENN DUNCAN Mayor Pro Tam July 31, 1997 Honorable Jane Friedkin Council Member City of El Segundo 350 Main Street El Segundo, CA 90245 Dear Council Member Friedkin: CITY of CHINO 160- IVEL) AU% 915 N97 CITY COUNCIL RE: APPOINTMENT OF TWO ALTERNATES TO THE GOVERNING BOARD LEO LEON BRUCE ROBBINS DENNIS YATES Council Members GLEN ROJAS City Manager At the July 9, 1997, Independent Cities Risk Management Authority (ICRMA) Board meeting, discussion was held regarding a proposal by the City of Chino that the Joint Powers Agreement (JPA) be amended to allow each member city, at their option, the right to appoint a second alternate to the Board. The discussion concluded with a motion to put the matter before the entire Governing Board for a vote. It is my recommendation that you vote in favor of appointing a second alternate to the Board. Membership attendance is an ongoing concern for this group. This is likely due to the unavailability of Board Delegates — Council Members —as the majority holds full -time jobs in addition to handling numerous other community - related commitments. This currently leaves one City staff member, acting at the direction of their City Council, to attend. For example, at the meeting of July 9, 1997, only 16 of the 30 member cities had voting representatives in attendance. Had one less voting member been in attendance, it would not have been possible to conduct business. Again, the addition of a second alternate would lessen, to a great extent, the likelihood of a lack of quorum as it is anticipated to result in increased attendance at meetings. One of the most critical messages repeatedly presented at Board meetings is that member attendance is strongly encouraged. This is so important that premium credits are based on each city's attendance and detailed records of attendance are maintained and reported at each Board meeting. A further example of the need to take action to improve attendance was seen at the time the City of Chino was formally presented to the Governing Board for acceptance into the 0 23' 13220 Central Avenue, Chino, California 91710 Mailing Address: P.O. Box 667, Chino, California 91708 -0667 (909) 627.7577 • (909) 591 -6829 Fax Excess Liability Program, Property Program and Workers' Compensation Program. This initially occurred on January 8, 1997. At this meeting, there were only adequate voting members to accept the City in the Excess Liability and Property Programs. At the next meeting of March 12, 1997, acceptance into the Workers' Compensation Program was again agendized. A second time, at this meeting, there was not an adequate number of members to vote on this matter. It was continued to the May 14, 1997, meeting at which time the City was adopted into the program. As the alternate is acting on .behalf of their City Council, it is reasonable and desirable to ensure that a voting staff member can be in attendance at Board meetings. This is not always possible when only one staff person has a voting right, and it would be very uncommon for both of the two alternates to be unavailable to attend. Member cities would benefit greatly from expanding their ability to have a voting member in attendance at each meeting. In fact, it was the City of Chino's understanding, at the time it was considering membership in ICRMA, that two alternates were allowed. It was only after joining that the City was made aware that the information it had been given was not correct. It was important to this agency to have two alternates, as Chino is interested in maintaining status as an active and involved member, as I'm sure your City is as well. The proposal to allow a second alternate is presented as an option to member cities — it is not proposed as a mandatory appointment. Each member agency, based on the demands placed on its Board Delegate and City staff, can decide if a second alternate would enhance their participation in ICRMA. In summary, as Council Members, we are directing staff in their actions as voting members. There are no negative ramifications to making this amendment to the Agreement — but rather only improvements to be expected in each Council's ability to direct the actions of the ICRMA Board. If I may answer any questions for you or other Council Members in your City regarding this matter, please contact me at (909) 591 -9804. I look forward to your favorable support of this amendment. Sincerely, GLENN DUNCAN Mayor Pro Tern City of Chino ICRMA Governing Board Delegate ICRMA Finance Committee Member GD/kr 2 3 GD -0701 K.97 EL SEGUNDO CITY COUNCIL MEETING DATE: September 16, 1997 AGENDA ITEM STATEMENT AGENDA HEADING: Councilwoman Friedkin AGENDA DESCRIPTION: Discussion and consideration of methods of staffing the South Bay Cities Council of Governments ( SBCCOG). RECOMMENDED COUNCIL ACTION: Direct the City Clerk to advise the SBCCOG that the City of El Segundo supports the hiring of a part -time executive director. The funding for this position to be developed from all member cities with those member cities that assign staff to SBCCOG activities be given an offsetting credit for the time their staff spends on these activities. INTRODUCTION AND BACKGROUND: In 1994, seventeen south bay cities formed the SBCCOG JPA in response to actions by the Southern California Association of Governments (SCAG) to involve cities in the regional planning processes through sub - regional organizations. The initial focus of the SBCCOG was on transportation issues and various funding alternatives to support these projects. In late 1996, the SBCCOG, in an effort to be responsive to its member cities' needs, held a series of workshops to identify goals and priorities for the group. It became obvious that the accomplishment of these goals and priorities would depend on the availability of staff to support the programs. The issue before the City Council at this time is how does this city want the SBCCOG to be staffed? DISCUSSION: Since its creation in 1994, the SBCCOG has been staffed by employees from the cities of the officers of the organization. For the most part, these cities have been Torrance, Mayor and Chairperson Dee Hardison, and El Segundo Councilwoman and Vice -Chair Jane Friedkin. As the demands on the organization expand, the ability of these cities to expand this support is not reasonable. A White Paper, attached, that addresses the goals and objectives of the organization was developed for the SBCCOG board. In this document, three alternatives for staffing the organization were developed. There are only two, however, that are viable in the minds of the SBCCOG board. The first, maintenance of the current method of staffing has been determined to not be doable. The remaining two alternatives are described below. Create and fill one full -time administrative position for the first year of a phased staffing program. This alternative (described in detail in the White Paper) would result in the current dues of each agency being increased from $600 per year to $5,375 per year. This amount ($5,375) could be reduced if other project (SCAG) funds were used to offset the needed dues. Create and fill the complete administrative support structure within one year which would require an increase in dues to $9,750. As above, this amount could be reduced if other funds were used to offset the needed dues. There are numerous other alternatives that are not addressed in the White Paper. First, I do not feel there is a need for a full -time executive director. A part -time person should be able to meet the needs of the organization. As it pertains to funding this position, an alternative that provides flexibility and acknowledges the participation of those cities that are willing to have staff involved in the organization is the one I favor. This alternative would allow El Segundo to continue to have staff involved in the organization and receive a credit for these efforts. The other member cities could have staff participate in the organization, making it easier on everyone, or contribute funds that would pay the cost of having a person hired to do the their share of the work. O ATTACHED SUPPORTING DOCUMENTS: A Position Paper of the South Bay Cities Council of Governments, August 1997. FISCAL IMPACT: (Check one) Operating Budget: X Capital Improv. Budget: Amount Requested: None if recommendation is implemented Project/Account Budget: Project/Account Balance: Date: Account Number: Project Phase: Appropriation Required - Yes_ No X TED: Councilwoman Jane F REVIEWED BY: James W. Morrison, City Manager ACTION TAKEN: cAsbcog.stf Date: September 8, 1997 Date: 0 ?40 --e -,.. James W. Morrison, City Manager City of El Segundo 350 Main Street El Segundo, CA 90245 COU SUBJECT: Transmittal of Position Paper Dear Mr. Morrison: OF GOVERNME August 19, 1997 RECEIVED \.1. I G 2 5 1991 P.O. Box 102 Hermosa Beach California 90254 CITY MANAGER'S OFFICE On July 24, 1997, at the regularly scheduled South Bay Cities Council of Governments ( SBCCOG) meeting, the Board concurred with the attached Position Paper and voted to forward it to all member cities' City Councils for consideration. As several of the draft versions have been reviewed by the South Bay Cities City Managers' Association, and as your Association voted to support the approved version at its July 16, 1997 meeting, I am requesting your assistance in scheduling the subject Position Paper on an upcoming City Council agenda in your City. Our goal is to have all member cities review and comment on the Position Paper by the October 23, 1997 SBCCOG meeting. For your convenience, a sample council item to transmit the Position Paper also is attached. While your City's SBCCOG delegate and /or alternate may be familiar with the issues in the Position Paper and comfortable answering questions, in some instances that may not be the case. Therefore, the SBCCOG Officers, Board members, and /or Steering Committee staff are available to attend your City's Council meeting to answer questions or provide background information about the Position Paper. Please contact me (at 618 -2801) or Patricia Bluman (at 618 -5990) at least two weeks in advance so that arrangements can be made to have someone attend. If you have any questions, please do not hesitate to call me or Ms. Bluman. Sincerely, Dee Hardison Mayor, City of Torrance Chair, SBCCOG Attachment: 1. Position Paper 2. Sample Council Item 2 41 Carson El Segundo Gardena Hawthorne Hermosa Beach Inglewood Lawndale Lomita Los Angeles Manhattan Beach Palos Verdes Estates Rancho Palos Verdes Redondo Beach Rolling Hills Rolling Hills Estates Torrance LOCAL GOVERNMENTS IN ACTION A POSITION PAPER of the South Bay Cities Council of Governments Augnsi 1997 0 ?1k2 South Bay Cities Council of Governments EXECUTIVE SUMMARY BACKGROUND In acknowledgment of the value of cooperative efforts, in 1994 the cities in the South Bay approved the formation of the South Bay Cities Council of Governments ( SBCCOG or COG). This action transformed the previous South Bay Cities Association into a joint powers authority. Since that time much has been accomplished to define and further our collective goals and objectives for the subregion. However, that progress has been a double edged sword, because as more is achieved, more is expected. And as the regional stakes continue to rise, a coordinated subregional presence is becoming increasingly necessary. However, the increased pressure to perform and respond has not had a corresponding increase in staff support to carry out the subregion's goals and meet the regional challenges. The following points highlight some of the major advantages, issues, concerns that we face as a subregion. • Well- organized subregions are becoming catalysts for change in the region. • Cooperative projects between cities, and especially at the subregional level, are getting the funding (i.e., signal synchronization project). • Collaborative efforts on large and /or complex project and issues (i.e., NPDES, MTA Call for Projects, signal synchronization, LAX expansion, transit improvements, certain legislation, etc.) can be more effective for all cities than each city operating independently. • Substantial revenue sources are available to carry out the COG's objectives and action items that are not being utilized currently. • The SBCCOG currently has a limited organizational structure and budget to carry out its goals and programs, which cannot continue to be maintained indefinitely at the existing level of support. • The SBCCOG has an ambitious work program that will benefit our subregion, but that cannot be accomplished without appropriate staff support. � i PRIORITIES The SBCCOG's work program over the last four years has been based upon a Subregional Strategy that was developed in 1993. In 1996, a Goals Workshop was held to review and reprioritize the COG's focus areas. This effort was undertaken to form the basis for development of future work program action items and to assess the organization's capability to achieve them based upon existing and /or potential resources. Through the 1996 Goals Workshop, the following issue areas were identified as the highest priorities for collective action by the SBCCOG: 1. Transportation (includes LAX) 2. The Economy 3. Crime and Drug Use Prevention 4. Livable Communities * These priority areas assume continuation of an overall organizational priority of subregional information sharing and communication that is being implemented via the ACCESS program and information sharing /GIS committees. ORGANIZATIONAL STRUCTURE While doing research for this position paper, the Steering Committee reviewed the organizational and dues structure of two other similar COGs, the Gateway Cities Council of Governments (GCCOG), with 28 member cities, and the San Gabriel Valley Council of Governments (SGVCOG), with 26 member cities. These two subregions provide models for how the SBCCOG can organize to become effective at implementing our work program and securing funding. Both of these subregions recently have gone through the "growing pains" that the SBCCOG is experiencing currently, including enthusiasm and skepticism. However, both have been able to see the advantages of functioning as a subregion and have coalesced into dynamic and powerful organizations. Please see the Position Paper for a summary of the key comparison points between the SBCCOG and these two other organizations. The formation of the SBCCOG and its expanded role and goals has not only intensified existing but also increased the number of administrative and monitoring functions. Some of these functions, such as transportation related projects, have been handled by the COG's Steering Committee and the Technical Advisory Committee. Others, such as the subregional input to SCAG's Regional Comprehensive Plan and Guide and our annual Overall Work Program (OWP), which is funded through SCAG, have been performed by outside consultants. Given the increased demands, expanded goals, raised performance expectations of the SBCCOG, and the disproportionate efforts by several cities ii 0 244 to "staff' the SBCCOG, the effort to keep the SBCCOG functioning at its current level has become overwhelming. We have reached the point where expanding our efforts to develop a work program and implement action items is no longer possible within the existing organizational structure. The examples from other subregions show the level of support that is typical for those subregions which have regional influence and ambitious goals and work programs, and, most important, who achieve success. We have reached a point where the COG can no longer continue to sustain the current level of support, let alone grow to meet our subregion's needs. Therefore, this Position Paper provides staffing and funding options for establishing an administrative support structure for the SBCCOG. SUMMARY The SBCCOG presents this position paper to our member cities to: • Highlight the SBCCOG's achievements; • Describe the SBCCOG's action areas, current programs, and opportunities; • Identify opportunities for additional collective projects to benefit the cities in our subregion; • Define issues and concerns; • Provide options for an administrative support structure to further the COG's goals and objectives; and • Receive input from member cities regarding the future of the SBCCOG. RECOMMENDATION The SBCCOG Board recommends that member cities: 1) receive and comment on this Position Paper; 2) concur with Administrative Support Option #2 (to create and fill one full -time administrator position for the first year of a phased staffing program) and Funding Option 2c (secure the funds from outside sources, with the caveat that matching in -kind funds most likely will be required); and 3) support the SBCCOG Board in implementing the actions necessary to carry out the SBCCOG's work program. The SBCCOG Board will keep member cities apprised of the COG's progress and will return future budget items for consideration if necessary. 0 245 South Bay Cities Council of Governments POSITION PAPER August 1997 BACKGROUND Prior to its formal designation as a Council of Governments, the South Bay Cities Association (SBCA) functioned as a voluntary organization. The origins of the association go back to the early 1970s when the mayors of various South Bay communities began meeting informally to discuss items and exchange ideas of subregional interest. This organization (called the South Bay Mayors' Association) soon expanded to take in other council members and became the South Bay Cities Association (SBCA). Over the years, the Association endeavored to facilitate subregional cooperation and coordination of policies regarding interjurisdictional issues such as transportation, air quality, open space, and economic development. The association operated with by -laws and a voting structure, but not as a legally established joint powers agreement (JPA). Representation on the SBCA was reserved for elected officials from each participating entity. Fifteen South Bay cities, Los Angeles County, and the city of Los Angeles have participated. (See Attachment #1 for list of member South Bay cities.) In 1972 the Association took its coordination efforts a step further by deciding to conduct a South Bay Corridor Transportation Study. The study was in response to the State's plans to build freeways in the South Bay area. At the time, it was agreed that . there might be alternatives to several of the proposed freeways, and a subarea study was the mechanism to explore these options. As mentioned earlier, the South Bay Cities Association did not have any legal empowerment to jointly administer the project. For this reason a joint powers agreement (JPA) was initiated, administered by a South Bay Corridor Steering Committee to oversee the study. This South Bay Corridor Steering Committee continued to oversee implementation programs for public transportation and major arterials within the South Bay as well as serving as a technical advisory committee (TAC) to the SBCA on various transportation issues. Over the intervening years, there have been discussions regarding consolidation of the South Bay Cities Association and the South Bay Corridor Steering Committee (JPA) into a Council of Governments. Only recently, however, the Southern California Association of Government's (SCAG) new "bottom up" approach to developing their mandated regional plans prompted more serious consideration of forming a new JPA. In 1992, SCAG decided to consolidate its various mandated regional plans (growth management, mobility, air quality, etc.) into one comprehensive document, the Regional Comprehensive Plan and Guide (RCP &G). SCAG also decided to shift local input to the front end of the comprehensive planning process, rather than preparing the I 0 246 document first and then asking for comments and input from local jurisdictions at the end. To support this effort, SCAG allocated funding to each subregion to develop input regarding more localized goals and objectives. Within the South Bay, SCAG identified the SBCA as an entity which met qualifications for a subregion and asked the SBCA to enter into an MOU to develop the South Bay's subregional plan. SCAG allocated $200,000 to the SBCA to accomplish the task. Although the money is allocated by SCAG, the funding actually comes from the U. S. Department of Transportation via the Intermodal Surface Transportation Efficiency Act ( ISTEA). Since the initial phase of SCAG's revised participatory approach, there have been two successive work phases, each with its own scope of work carefully crafted by the SBCA, and each funded by ISTEA dollars. July 1997 marks the fourth round of funding allocated by SCAG to subregions for transportation planning and related studies. Participation in SCAG's revised "bottom -up" approach to developing and implementing subregional work programs stressed the need for the jurisdictions of the SBCA to begin operating within a more formalized and cooperative structure. However, the Association was constrained by the fact that it did not exist under any formalized agreement. It was agreed that a completely new JPA should be developed in order to most expediently meet the current demands of the regional planning and programming process. In 1994 the South Bay Cities Council of Governments ( SBCCOG) was formed to join 15 South Bay cities plus the City of Los Angeles into a joint powers authority. The SBCCOG was formed because it had become evident that informal communication among the South Bay cities was no longer adequate to meet the newly emerging demands and opportunities facing subregions within the Southern California Association of Governments (SCAG) six county region. It also became evident that other subregions, which had already organized as council of governments (COGs), were embarking on ambitious work programs, and were competing aggressively and with greater success for scarce regional funds. The newly formed South Bay Cities Council of Governments ( SBCCOG) has essentially combined the South Bay Cities Association and the South Bay Cities Corridor Steering Committee (SBCCSC) into one legal entity with the flexibility to conduct a variety of interjurisdictional studies and projects. Although the SBCCSC, or "Transportation Technical Advisory Committee JAC), as it is commonly referred to, still currently exists as a formal JPA, its separate Joint Powers Authority will expire in 1998. The TAC, however, will continue to function in an advisory capacity to the COG in the areas of transportation planning and improvements. SUBREGIONAL STRATEGY Prior to participating in SCAG's Regional Comprehensive Plan and Guide development process, the South Bay subregion did not have a set of defined goals, policies, objectives, or a strategy of issues and actions to promote. An outcome of the initial 2 0 �4� phase of input into the RCP &G was the development of a Subregional Strategy for the then SBCA. The strategy had several objectives: • To identify areas of common concern and priority among the 16 participating jurisdictions; • To provide a means by which to document ideas and solutions discussed within the subregion; • To provide a policy foundation for future planning efforts; and • To serve as a blueprint for future implementation actions within the South Bay. In response to the RCP &G, the original Subregional Strategy (1993) emphasized five major issues for the South Bay: 1. The Economy 2. Mobility 3. Growth Management 4. Housing 5. Air Quality 6. Open Space (added as a priority in the following year) Policies were developed for each issue area, and a program implementation plan was prepared to identify possible short, medium, and long range actions to implement the policies. Subsequently, this Subregional Strategy has served as the guiding document for development of the annual Overall Work Program (OWP) for the South Bay, which is funded by SCAG. (Note: although the work program is funded by SCAG with ISTEA funds, it is developed by each subregion and is tailored to their goals and needs. Due to ISTEA funding, the OWP must focus on transportation related projects.) The recently adopted work program for the 1997 -98 fiscal year includes: subregional modeling and data updating; a goods movement and roadway access study, including special attention focused on impacts of the proposed LAX expansion on the South Bay; development of Livable Communities indicators to aid the subregion in meeting congestion and air quality objectives; a truck monitoring study; and support for ongoing Information Sharing activities already underway. The total budget for the FY 97 -98 OWP for the South Bay is $334,000. 3 0 ?4� MISSION STATEMENT Through the process of developing a Subregional Strategy, the Board members recognized the need to have a mission statement to guide the goals, policies, and actions of the organization. The following mission statement was adopted by the COG in the autumn of 1993: • Engender and further cooperation between municipalities of the South Bay area of Los Angeles County in the discussion of area -wide issues of mutual interest and concern; • Lend support to the proposals of member cities in furtherance of South Bay Cities' objectives; • Address solutions to issues of common concern through joint studies and cost - effective, multi - jurisdictional programs; and, • Provide a means of communication and representation on behalf of the South Bay subregion with other governing bodies, as well as the exchange of ideas and information. GOALS WORKSHOP 1996 Recently the SBCCOG undertook an effort to establish and reprioritize goals and implementing actions through two goals workshops held in September and December of 1996. Participants included SBCCOG board members, city managers, and staff from member cities and regional agencies. At the first workshop, strengths, weaknesses, opportunities, and threats that face our subregion were identified, and major issue areas for the SBCCOG were defined and prioritized. The entire list of issues that was generated comprehensive and beyond the capability participating members ranked them by priority. addressed by the subregion are: 1. Transportation (includes LAX) 2. The Economy 3. Crime and Drug Use Prevention 4. Livable Communities through the workshop process was of the COG to address; therefore, The highest priority issue areas to be (Note: these four priority areas assume continuation of an overall organizational priority of subregional information sharing and communication that is being implemented via the ACCESS program and information sharing /GIS committees.) At the follow -up workshop, ideas for specific implementing actions for the top three issue areas were defined, potential funding sources were identified, and possible staffing /oversight responsibilities were discussed. The results of the goals workshops 4 r% 9 V were synthesized into a draft work program that was reviewed by the Board at the March 1997 SBCCOG meeting. As the highest priority issue, and due to the time sensitivity of needing to affirm transportation priorities to develop the FY 97 -98 OWP, the transportation portion of the draft work program was reviewed and approved by the Board. However, the other priority issues were referred to new standing committees (Economic Development, Information Technology, LAX Expansion Oversight, and Crime and Drug Use Prevention, established in March 1997) for review and comment. The existing Livable Communities working group and the Transportation technical advisory committee JAC) will continue to oversee their respective issue areas. Each committee is responsible for forwarding a recommended work program to the Board for review and adoption. PRIORITY ISSUES It is interesting, although not surprising, to note that the issues that ranked highest in priority through the goals workshop are the same issues that ranked highest in priority in the 1993 Subregional Strategy -- transportation and the economy. Air quality, which was a priority in 1993, is a component of the current highly ranked priority of livable communities. The following section provides an overview of each of the current priority issues as well as past and current implementation projects, and opportunities for future action. Transportation: Issue: The South Bay has limited freeway infrastructure compared with other subregions, and future demand on our arterial system is projected to be less than on other subregions' roadway systems. In addition, the modeling used for regional transportation planning and funding allocation does not adequately address arterials. For these reasons, the South Bay tends to get overlooked and underprioritized when it comes to competing for transportation funding. Individually, cities have little influence over regional transportation priorities and establishing policies for funding allocations. It has only been through the collaborative nature of our subregional alliance that we have been successful in getting funding for city and subregional projects. Current SBCCOG Actions /Projects /Involvement: • The first multi - jurisdictional advanced traffic signal synchronization project in Los Angeles County. • A preliminary needs and priorities study of the major transportation corridors in the South Bay, with more in -depth corridor analysis of the highest priority corridors in following years. (These, corridor studies have provided important background information to assist the SBCCOG in being successful in competing for infrastructure funding through the MTA Call for Projects.) 5 � ?Cjn A Recreational /Open Space Access Study that analyzes existing and potential linkages between the subregional transportation systems and open space and recreational areas. • Tracking of and input into the update of the Regional Transportation Plan. Cooperative multi - jurisdictional development of proposed transportation improvement projects for funding priorities (Call For Projects, ISTEA Reauthorization). • Acquisition of funds for critical subregional congestion management improvements. • A Clean Air Implementation and Multimodal Transportation Strategy, including development of products for use by member cities: South Bay bicycle guide, bicycle guide for kids, transit guide, South Bay park -n -ride guide, and a clean air awareness poster. • A Technical Advisory Committee JAC) composed of staff from member agencies. Opportunities: • Creation of a subregional congestion mitigation and air quality enhancement program that will address all the needs of member jurisdictions. • Expansion of the carrying capacity of the South Bay's critical arterial roadways without building new and prohibitively expensive transportation facilities. • Enhanced and coordinated marketing of transit services. • Identification of truck movements and ensuring adequate mobility for the movement of goods through and around the subregion. • Identification of transportation impacts of proposed LAX expansion and development of mitigations to address these impacts. • Meaningful subregional input into a new and improved regional model. The Economy: Issue: The South Bay has historically encompassed the heart of the aerospace, defense, and high technology industrial complex of Los Angeles County and the region. The recent recession affected the South Bay by reducing overall employment to only 5.2 thousand jobs above the 1983 level; hardest hit were the aerospace and related defense - dependent durable manufacturing industry sectors. While the process of economic recovery has begun, it is unlikely that the subregion will ever regain full employment in the aerospace /defense industry cluster. The challenge for the South Bay is to identify the industry clusters that have growth potential and that can benefit from our subregion's assets, and to build our economic infrastructure to encourage new firms to locate here and to help existing firms.to grow. 6 0 ?51 Individual cities have their own financial strategies and economic development programs that do not belong under the auspices of the COG. However, recovery of the overall health of the subregion's economy depends upon collaboration at the subregional level and with the private sector to develop a strategy that reinvigorates our economy and positions each city to benefit from growing industry clusters -- either the businesses themselves, or the jobs they produce. Current SBCCOG Actions /Projects /Involvement: • Participation in a subregional effort to analyze the effects of defense downsizing on the South Bay economy and develop a defense adjustment strategy, through partnership with the South Bay Association of Chambers of Commerce, the South Bay Economic Development Partnership (EDP), and the LA County Community Development Department. (Department of Defense Office of Economic Adjustment Planning grant.) • Jointly developed South Bay population and employment growtn torecasis through the year 2020. • SBCCOG representative serves on the EDP board. • A survey of the private and public sector regarding transportation barriers to economic competitiveness. • An Economic Development committee of the SBCCOG. Opportunities: • South Bay application to the Economic Development Administration (EDA), U.S. Department of Commerce, for a grant to implement defense adjustment strategies developed through the current OEA funded study (like Gateway COG's $3.1 million grant application). • Establish a South Bay marketing program. Livable Communities: Issue: The South Bay subregion encompasses a variety of predominantly suburban development patterns, including exclusive residential communities, older "traditional" downtowns, early and contemporary strip commercial, and large single -use areas. This is due to the fact that the majority of the subregion developed during the last half of the century when the dominant land use and transportation models relied virtually exclusively on the automobile. the "Livable Communities" principles can assist cities and the subregion to reduce congestion, improve air quality, and make our communities more inviting and attractive and return them to a more human scale. � ?52 Current SBCCOG Actions /Projects /Involvement: • Two successful, well- attended Livable Communities workshops, one of which has become the model for a follow -up component of SCAG's Livable Communities program. • A comprehensive library of references, articles, design and development strategies, and model guidelines for use by local jurisdictions to assist in land use and transportation planning decision - making. • An education outreach program to each city in the South Bay on the basic Livable Communities design principles. • A Livable Communities working group and advisory committee. Opportunities: • Devise specific design recommendations and implementation plans for the three case study sites featured at the 1996 conference. • Develop innovative design solutions for invigorating the South Bay's commercial corridors and improve mobility air quality. • Examine alternative mitigation measures to satisfy the requirements of the Congestion Management Program (CMP) and the California. Environmental Quality Act (CEQA). Crime and Drug Use Prevention: Issue: A safe community is always one of the most highly valued goals in any city. However, crime, drug abuse, and gang violence does not respect city borders. The degree of safety that a city enjoys depends in part upon how safe neighboring cities are. While subregional communication and cooperation currently exists between local law enforcement agencies, this effort may be able to be enhanced by collaborative SBCCOG assisted projects. Current SBCCOG Actions /Projects /Involvement: N/A Opportunities: • Establish a working subregional data base of crime statistics to understand crime patterns and track change. • Promote information sharing and expanded application of successful programs. • Identify the potential for sharing resources and /or joint application for grants to facilitate subregional crime prevention activities. Information Technology: Issue: The SCAG ACCESS computer system has prvoided South Bay jurisdictions with powerful tools for the analysis, communication, and sharing of 8 0 ?53 data. Geographic Information Systems, (GIS) enables local governments to take many layers of data -- data relating to land parcels, utilities, transportation, the environment, demographics, crime statistics, and numerous other -- and spatially or geographically analyze the data. The Internet or world wide web provides the means for displaying, transmitting and sharing this vial geographic information (as well as other kinds of information) across boundaries, through e-mail, home pages, and discussion or news groups. Both tools support and increase our ability to make more informed decisions, improve services, and reach more people. As previously noted, many of the projects as well as future opportunities for the SBCCOG rely on the ability to communicate and share data and information. As funding opportunities become predicated on joint efforts, coordinated decision making based upon shared, accurate, local data is becoming even more crucial. The challenge is to begin capitalizing on the capabilities provided through increased and continued coordination and collaboration. Current Actions /Projects: • The first of 13 subregional data bases and computer communication systems (known as ACCESS) distributed by SCAG to all the subregions. • An Information Sharing work program that coordinates COG and member city efforts with SCAG's distributed computer program (ACCESS), provides Internet and GIS capability to all cities in the South Bay, and will develop a subregional home page for South Bay identification and marketing; • Establishment if a GIS working group and Information Technology committee to investigate and coordinate improvements to the capabilities of individual jurisdictions to contribute to the data bases that have local and subregional relevance to our priorities and projects. • Development of four user Discussion Groups -- Economic Development, City Manager, Information Technology, and Livable Communities. Opportunities: • Subregional transportation data base and travel demand statistics. • Improve decision - making capability by promoting information technology to address area of critical importance to member cities. • Develop components for a coordinated subregional computer system model, including data base and file standards. • Initiate a home page for the SBCCOG to illustrate characteristics and achievements. • Maintain data base library of current and prior work products. • Develop system model as an information management, analysis, and research tool in support of subregional policy making, and for the purpose of reviewing and commenting on the regional policies affecting the SBCCOG. 9 n „r ' • Promote current efforts of local agencies to expand or improve their GIS capabilities and continue their efforts in training staff. WHAT'S NEXT FOR THE SOUTH BAY? The SBCCOG is beginning its third year as a joint powers authority, with a new set of goals, strategies, preliminary action items, and the outline of a work program (summarized above). We have accomplished much in the last few years, but the organization is at a crossroads regarding how to move forward both to achieve mutually agreed upon goals and to compete successfully for scarce funds for our subregion as a whole and on behalf of our member cities. The following points provide an overview of the current issues, circumstances, and questions we must answer in order to move to the next level of action: • Subregions are emerging as new catalysts of dynamic change within the region. Rather than allowing state and regional agencies to plan their futures for them, cities are uniting via subregional councils of governments to plan their own futures. Working together can ensure that cities retain local control. • Cities are beginning to realize that they are only as strong as their neighboring cities -- and that a strong subregional identity benefits all cities in that subregion. • Several other subregions are highly organized and well financed, and quite effective in obtaining desired outcomes (like funding) from federal, state, and regional agencies -- and more subregions are becoming that way. • Subregions are becoming recognized as the conduits for scarce funding sources, including federal and state transportation, air quality, and economic development planning grants and projects. Cooperative projects between cities and from subregions are getting the dollars! • Opportunities exist for cooperation with other subregions to exert political pressure and influence legislation that would greatly benefit our member cities. • With, reduced staffing and budgets, many cities simply cannot adequately monitor regional, subregional, and legislative issues. An appropriately staffed COG can alert cities to important issues and can put those issues in context. • The SBCCOG is not another layer of government. Rather, it is a vehicle for conducting cooperative efforts involving the member jurisdictions. The accomplishments of our subregion and of the other subregions demonstrates how cooperation can be important to the welfare of each city. • There are a number of tasks that cities handle individually (i.e., NPDES, CDBG, Congestion Management Program, ACCESS, etc.) which could be more cost effectively handled using some shared labor. • The SBCCOG currently has a limited organizational structure to carry out its goals and programs. As the SBCCOG's goals have become more defined, and as io 0 255 subregions are gaining a stronger voice with increasing influence on regional, state, and federal agencies, the burden put upon our largely "volunteer" administrative personnel is becoming increasingly strained. And the permanence of these resources is uncertain. • The SBCCOG has a limited budget. The majority of the SBCCOG's planning budget is allocated through the Southern California Association of Governments (SCAG) from the federal government for a rather narrow scope of transportation related projects. Only a small amount of our funds comes directly from member cities' dues, and this money only covers routine monthly expenses, such as copying and postage for the monthly agendas and the minutes secretary for the SBCCOG Board meeting. All planning and project development and oversight for the SBCCOG is done without funding, by "volunteer' elected official and staff time. Our planning efforts should be directed at the priority issues, and not exclusively driven by the available funding or dependent on "volunteer" efforts. • The SBCCOG has an ambitious work program. The new standing committees will hold meetings and debate issues, but little will be accomplished without adequate staffing. Staffing should be related closely to the work program. To accomplish the work program, staffing is needed. No staffing, no work program. A REGIONAL CONTEXT: COMPARISONS WITH OTHER SUBREGIONS The South Bay Cities COG also has been expanding its input to and influence on regional policies and programs. This is critical because several other subregions are already well organized or are becoming so. Most are also aggressively seeking economic revitalization and transportation funds, in competition with other subregions. The South Bay's administrative budget is substantially smaller than many other subregions, and is mainly dependent on COG dues ($600 per city per year) and a portion of the federal funding we receive through SCAG. At one time the former South Bay Cities Association had a part-time volunteer administrator. However, since his death several years ago, the majority of the SBCCOG's administrative tasks have been carried out by a Steering Committee, which currently is composed of the SBCCOG Chair, Vice Chair, and past Chair, the Transportation TAC chair, and five staff from member cities. In -kind support for specific programs, like the Transportation Technical Advisory Committee JAC), the GIS Working Group, and the Livable Communities Working Group, is provided by elected officials and staff of most of the other member cities. In addition, the SBCCOG has a minutes secretary who takes and prepares minutes of the monthly board meetings and is responsible for distribution of the monthly agenda. This position is the only administrative support that is funded from membership dues, and expends the majority of the annual member dues. Everything else that is done on behalf of the SBCCOG is accomplished through "volunteer" efforts from member cities. 11 In contrast, several of the subregions that the SBCCOG is in direct competition not only have significantly larger administrative budgets, but also are highly organized, with part or full -time administrators, clerical support, program coordinators, and, in some cases, their own lobbyists. This type of administrative structure allows these subregions to monitor local, regional, state, and federal issues that affect their interests and to provide input at crucial points; to coordinate their own internal committees, policies, and programs; and to provide an active and consistent voice during the development and implementation of their subregional agendas and programs. In essence, they are forces to be reckoned with and can make their "voice" heard. The following chart illustrates comparisons between the SBCCOG and several other regional COGS in terms of organizational structure, budget, and amounts of outside funding they receive as compared with the SBCCOG. Further detail, including organizational charts, is provided in Attachment #1 of the report. COMPARISON CHART OF SBCCOG WITH OTHER COUNCILS OF GOVERNMENTS 12 0 X57 SOUTH BAY CITIES GATEWAY CITIES SAN GABRIEL VALLEY COG COG I COG (16 Member Cities) (28 Member Cities) (26 Member Cities) Total Revenue from Dues (Approximate) $9,600 ($600 per city) $140,000 ($5,000 "per city) $290,000 (Formula provided in Attachment #1) Revenue Sources for General Funds Combination of General Population based formula, Dues Fund, Prop A & C funds, calculated upon certain % AB2766; up to city how to of Prop A & C funds, fund AB2766, & General Fund Administrative Staff Minutes Secretary for COG Full -time Executive Full -time Executive Board meeting (mails Director, Assistant Exec. Director, Transportation agendas, keeps mailing Director, Transportation Coordinator, plus 2.5 list); all other staff work is Coordinator, Lobbyist, additional administrative "volunteer' Financial staff to track staff for program and grants. Clerical support committee planning and provided by City of oversight, and clerical Downey support Revenue Source(s) for Dues SCAG OWP funds, MTA Dues Staff TMA Grant, dues in -kind match Major Programs and /or Transportation, Economic Transportation Economic Development, Focus Areas Development, Crime Infrastructure, Economic Transportation, Solid Prevention, Electronic Development, Air Quality, Waste Management, Information Sharing Policy Planning Policy Planning, Air Quality, Legislation Other Funding Sources MTA Call for Projects, SCAG OWP MTA Call for Projects, SCAG OWP, MTA TMA MTA Call for Projects, SCAG OWP, Prop A & C, Grant, Prop A & C, State AQMD, Prop A County Planning funds, Office of Park Bond, dues from Economic Assistance consolidating 2 JPA's grant under Solid Waste Management Committee 12 0 X57 FUNDING ACCOMPLISHMENTS In the last few funding cycles for Intermodal Surface Transportation Efficiency Act (ISTEA) and similar federal, state and regional dollars, the key to accessing these funds has been collective sponsorship. The allocating agencies - MTA, SCAG, South Coast Air Quality Management District (SCAQMD) - have placed high priority on collaborative projects. Part of the reason for this has been the relative scarcity of funds; however, it also signifies an awareness on the part of these agencies that transportation problems and needs spill over political boundaries and that multi - jurisdictional approaches are necessary to mitigate the impacts of development patterns in Southern California. Some of the most successfully financed projects have been sponsored by sophisticated interagency cooperation. This includes agreements to fund local matching requirements which can range from roughly 12% to 50% of the cost of a project. Please see the following page for a breakdown of funding allocations by subregion from the 1997 Call for Projects. 0 ?5R 13 The 1997 TIP Call for Projects for Los Angeles County was adopted in late June, 1997. The following are the totals allocated to the subregions for all categories. (These are preliminary figures and may change slightly as the final totals are made available.) Call For Projects Allocations, 1997 (in thousands of dollars) iotai I 'pc1i,I1W i WWI,- * Subregions by SCAG definition; totals include projects requested by individual cities as well as multijurisdictional arrangements but not MTA, Caltrans, SCAG and Los Angeles County ** RSTI = Regional Surface Transportation Improvements * ** Totals include projects sponsored by MTA, Caltrans, SCAG and Los Angeles County * Includes $198,699,000 for various improvements in the Alameda Corridor ` Totals do not add up as the projects sponsored by the MTA, Caltrans, SCAG and Los Angeles County are not listed. Excludes projects sponsored by MTA, Caltrans, SCAG and Los Angeles County 14 RSTI** Signal TDM Bicycle/ Transit Total*** % of Subregion* Synch Pedestrian Capital Total'" $12,400 $11,200 $1,743 $1,238 $234 $26,635 4.0% South Bay COG $16,700 $16,368 $2,608 $2,193 $3,661 $41,530 6.2% San Gabriel Valle $210,999 $14,000 $2,670 $1,604 $1,240 $230,513 34.6% Gateway Cities COG ($12,300 - 14 - non n Ala non Alameda Corridor) Corridor $0 $3,209 $1,273 $250 $124 $4,856 0.7% Westside Cities $5,200 $941 $0 $1,200 $605 $7,946 1.2% Arroyo Verdu o $2,362 $822 $700 $400 $1,582 $5,866 0.9% North Count $531 $0 $0 $559 $209 $1,299 0.2% Conejo/ Malibu $11,831 $13,013 $2,539 $8,504 $10,869 $46,756 7.0% City of Los Angeles e••»-7 d -70 1 @a4 4 4 n I tv)n aa5 I $19.994 1 $26.137 1 $666,322 iotai I 'pc1i,I1W i WWI,- * Subregions by SCAG definition; totals include projects requested by individual cities as well as multijurisdictional arrangements but not MTA, Caltrans, SCAG and Los Angeles County ** RSTI = Regional Surface Transportation Improvements * ** Totals include projects sponsored by MTA, Caltrans, SCAG and Los Angeles County * Includes $198,699,000 for various improvements in the Alameda Corridor ` Totals do not add up as the projects sponsored by the MTA, Caltrans, SCAG and Los Angeles County are not listed. Excludes projects sponsored by MTA, Caltrans, SCAG and Los Angeles County 14 The South Bay Cities COG fared relatively well in that its primary project, the signal synchronization of Western Avenue and other major corridors, was funded. This was due in large part to the fact that this project had been extensively researched and was ready for implementation. In addition, the multijurisdictional sponsorship allowed us to more readily come up with the mix of hard and soft match for the outside funding. All indications are that jurisdictions that have joined together to plan and program transportation activities have been better able to justify the importance of their programs and are considered to be more flexible in coming up with matching amounts. This has led to receipt of maximum funding. In the recent Call for Project for the 1997 Transportation Improvement Program, multijurisdictional project requests were submitted directly by the SBCCOG, including: phase 3 of the signal synchronization project; on- and off - street transit amenities for the cities of Lomita, Torrance and Redondo Beach; the widening of Sepulveda Boulevard in El Segundo and Manhattan Beach; and a widening of Arbor Vitae in Inglewood and the City of Los Angeles. (Add information here on how our projects fared this go- around.) COG ADMINISTRATIVE SUPPORT FUNCTION As witnessed by our funding accomplishments, one of the measures of effectiveness of the SBCCOG's cooperative strategies is how successfully it competes for external funding. Over the past few years, the COG has brought in financing for projects that are of benefit to all member jurisdictions. However, it is crucial to understand that past accomplishments resulted from a considerable amount of effort and focus by a few subregional leaders and staff. That is not a guarantee of future success, because the "competitive bar" continues to be raised. As the SBCCOG has encouraged cooperative sponsorship and support of projects, our share of regional transportation funding has increased concurrently. The COG is responsible for over $16.8 million in the current phase of the Signal Synchronization Project, and the MTA has just allocated an additional $9.5 million for the next phase. By formal agreement, the Los Angeles County Department of Public Works is administering these phases of the project. However, the COG maintains responsibility for overseeing the conduct of the project and approving expenditures. Although the TAC has traditionally been reviewing the progress of the signal synchronization project and recommending appropriate action to the full COG Board, it will be necessary for more day -to -day, hands -on oversight of what is now more the $26.3 million. The formation of the SBCCOG and its expanded role and goals has not only intensified existing but also increased the number of administrative and monitoring functions. Some of these functions, such as transportation related projects, have been handled by the COG's Steering Committee and the Technical Advisory Committee. Others, such as the subregional input to SCAG's Regional Comprehensive Plan and Guide and our annual Overall Work Program (OWP), which is funded through SCAG, have been performed by outside consultants. 15 n �Fn In the absence of a full -time administrator and support staff: • The administration of projects and programs has been done in separate, parallel efforts. • The coordination for these individual responsibilities has fallen to "volunteer" staff from a few member cities, staff from the MTA, or consultants (The Planning Center and Meyer, Mohaddes and Associates) acting as agents for the SBCCOG. • Project oversight responsibility, including development of the COG's OWP, development of scopes of work for projects, and consultant management has been performed by the Steering Committee for those projects that are being conducted for the SBCCOG by consultants. • The Goals Workshops, development of preliminary action plans, the new standing committee structure, staffing for these efforts, and follow -up activities have all been absorbed by the Steering Committee and "volunteer staff from member cities. • We have no one to perform the function of a liaison with our member cities and other agencies, or to identify, apply for, and oversee the administration of outside funding sources -- no one to get us "our fair share" of the funding that is available to us. Given the increased demands, expanded goals, and raised performance expectations of the SBCCOG, and the disproportionate efforts by several cities to "staff' the SBCCOG, we have reached a point where the COG can no longer continue to sustain the current level of support, let alone grow to meet our subregion's needs. For all of the reasons listed above, it is time to consider creating an administrative support function for the SBCCOG. This would be a dedicated position (or positions) for the purpose of applying for and tracking outside funding, coordinating activities on behalf of the COG, tracking the progress of projects and COG programs, and providing a consistent and accountable "presence" for the South Bay in interagency representation. This type of service is sanctioned by the by -laws of the SBCCOG, under Article IV, Executive Director. Such a position would be " (s)subject to the Y authorit of and as directed by the Governing Board, to administer the affairs of the Council." The administrative support function could be directly overseen by the SBCCOG, with the Steering Committee acting as a policy advisory and program coordinating body. This position(s) could incorporate the following tasks, among others: • Creating and distributing agendas for SBCCOG Board meetings; • Presenting items on the agenda to the SBCCOG Board; • Administering contracts for all implementation programs; • Seeking and applying for outside funding for COG programs; 16 A Iro 4. A • Documenting and tracking all outside funding and programming, • Developing and proposing annual COG budgets; • Coordinating staff input and reviews for all member cities; • Disseminating information to member jurisdictions; • Presiding over the transportation TAC; coordinating and creating TAC agendas • Representing staff /technical input at all meetings of the SBCCOG and Steering Committee; • Overseeing ad hoc /standing committee meetings; coordinating input from these committees to the TAC and SBCCOG agendas; • Reviewing contracts and referring recommendations for payment or implementation to the Steering Committee and SBCCOG; • Performing the liaison function for the SBCCOG with the MTA, SCAG, AQMD, Caltrans, etc.; • Providing an interface with the SBCCOG City Managers' Association; and • Writing grants, documenting and monitoring grant applications; referring grant recommendations to the Steering Committee. Staffing and Funding Options: Given the experiences of the Steering Committee members over the past several years, the effort to keep the SBCCOG functioning at its current level has become overwhelming. We have reached the point where expanding our efforts to develop a work program and implement action items is no longer possible within the existing organizational structure. The examples from other subregions show the level of support that is typical for those subregions which have regional influence and ambitious goals and work programs, and, most important, who achieve success. Please see the chart on the following pages for an overview of staffing options, funding options for each staffing option, and a brief discussion of the advantages and disadvantages of each. 0 2,62 17 N —1 'n /n YI Z v c Z v^^ Y♦ Z cn 0 ? 63 18 n y o c c n =a)D 3° a wmco�'a*0n < °co 0 °° y �3 pd. 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O 0) a �° y o– S y = 0 0 �,A, 19 NEXT STEPS The South Bay Cities Council of Governments must consider its future in light of the above discussion and these observations: • Experience to date in functioning as a COG; • An ambitious work program for our subregion that has been developed through SBCCOG goal setting workshops; • Future funding uncertainties (i.e., ISTEA reauthorization); • Growing evidence that local COGs are increasingly effective; • Increased competition between subregions for limited transportation and economic development funds; • Funding criteria that gives priority to projects that have subregional support and /or are joint subregional projects; • Increased need and desire for public /private cooperation; and • Inadequate budget and staff to implement the SBCCOG's goals and programs. This position paper is being forwarded to all SBCCOG member jurisdictions to ask for input and support in moving into the next phase of development of our organization. Action items must be prioritized, financial resources must be identified and secured, and an administrative support structure must be established and filled. Unless there is support for the organization's goals and objectives, participation by Board members, and an increase in the amount of funding for the SBCCOG to develop an administrative support structure, the COG will be unable to continue at the current level of activity, nor will we be able to move our subregion into the future, remain competitive, and get our "fair share." RECOMMENDATION The SBCCOG Board recommends that member cities: 1) receive and comment on this Position Paper; 2) concur with Administrative Support Option #2 (to create and fill one full -time administrator position for the first year of a phased staffing program) and Funding Option 2c (secure the funds from outside sources, with the caveat that matching in -kind funds most likely will be required); and 3) support the SBCCOG Board in implementing the actions necessary to carry out the SBCCOG's work program. The 20 SBCCOG Board will keep member cities apprised of the COG's progress and will return future budget items for consideration if necessary. Attachment: 1. Subregional Organization Charts PB /Revised 7/15/97 Respectfully submitted, Dee Hardison Chair, SBCCOG Jane Friedkin Vice Chair, SBCCOG Bob Pinzler 2nd Vice Chair, Finance, SBCCOG n 2-6 Co 21 South Bay Cities 16 Member Cities Carson, El Segundo, Gardena, Hawthorne, Hermosa Beach, Inglewood, Lawndale, Lomita, Los Angeles, Manhattan Beach, Palos Verdes Estates, Rancho Palos Verdes, Redondo Beach, Rolling Hills, Rolling Hills Estates, Torrance. SBCCOG Board of Directors South Bay COG 16 Council Members 1 delegate and 1 alternate from each member city City Managers Group Steering Committee Comprised of Executive Board Members, TAC Chairperson, and member city staff Transportation Info Sharing *Member ffBoardMember LAX Expansion TAC Committee Board Member Board Member Board Member Chair Chair Chair GIs Working Livable Group Communities Working Group Dues Structure I Formula i Total Revenue from Dues Yearly flat membership rate of $600.00 from all member cities 1 $9,600 Administrative Structure: Strictly volunteer effort by several member cities: Inglewood, El Segundo, Torrance. Total Hours: 200+ hours per month $93,000+ Not including elected official time. n 2R7 Gateway Cities 28 Member Cities Artesia, Avalon, Bell, Bellflower, Bell Gardens, Cerritos, Commerce, Compton, Cudahy, Downey, Hawaiian Gardens, Huntington Park, La Habra Heights, Lakewood, La Mirada, Long Beach, Lynwood, Maywood, Montebello, Norwalk, Paramount, Pico Riviera, Santa Fe Springs, Signal Hill, South Gate, Vernon, Whittier, Los Angeles County GCCOG Board of Directors 27 Council members • 1 councilmember from each city and the Mayor of Long Beach • Meets annually as the General Assembly • Elects Chair, Vice Chair, and 7 other members to sit on Executive Committee (Long Beach is automatically a member) Executive Committee • 10 Members elected by Board of Directors • Meets monthly • Conducts business of the COG Gateway COG City Manager Policy Advisory Committee 27 members 1 City Manager from each city Steering Committee Operates with 6 members selected by full Gateway COG CM Committee r- far In 01 y� c ii na sty. Public Works Mobility, and Goods Economic Planning Directors Directorscommittee Movement Advisory Development Working Committee Committee (MAGMAC) Group Project Management Team Advanced Information (Outside Consultant) Transportation Sharing Project Project Dues Structure I Formula Total Revenue from Dues $5,000 per city - can be any combination of General Fund, Prop A and C, AB2766 (up to each city) $140,000 San Gabriel Valley 26 Member Cities Alhambra, Arcadia, Azusa, Baldwin Park, Bradbury, Claremont, Covina, Diamond Bar, Duarte, El Monte, Glendora, Industry, Irwindale, La Verne, Monrovia, Monterey Park, Pasadena, Pomona, Rosemead, San Dimas, San Gabriel, San Marino, Sierra Madre, South Pasadena, Walnut, West Covina Board of Directors 26 Council Members 1 member from each city plus the City Managers TAC Chair as ex- officio member I Contract Attorney I I Contract Accountant I City Managers Legislation Solid Waste Transportation Air Quality Economic Planning Technical Committee Management Committee Committee Development Directors Advisory Committee Committee Committee Committee General Comments • Has annual dinner for all Board Members - welcomes new members, honors those stepping down. • Has quarterly reception prior to regular Board meeting for County, State and Federal Legislators. Dues Structure I Formula Total Revenue from Dues Member cities are charged per year based upon the following formula: $290,000 1. .10 per capita from each member city's prop A & C funds; 2. .07 per capita from each member city's AB2766 funds; 3. $1500 for every 10,000 people or under from General Funds (20,000.30,000 is $1650. $150 for every 10,000 beyond 30,000 to a maximum of $3,000). Total dues paid is a total of the three above amounts for each city n Di 1) Western Riverside 15 Member Cities Banning, Beaumont, Calimesa, Canyon lake, Corona, Hemet, Lake Elsinore, Moreno Valley, Murrieta, Norco, Perris, Riverside, San Jacinto, Temecula and Riverside County General Assembly Composed of all elected officials from 15 member jurisdictions; Meets annually to elect officers to Executive Committee Executive Committee Provides direction for day-to-day operation through definition of goalsipriorities, adoption of workprogram, and conducts monthly meetings Technical Advisory Committee Composed of 14 City Managers and the County's Chief Administrative Officer �9 Air Duality Information Planning Directors Solid Waste Transportation Technical Technical Technical Technical Committee Committee Committee Committee Dues Total Revenue from Dues Each member city is charged based upon: $170,000 1. their % share of total assessed valuation of all member cities; and 2. their % share of the total population of all member cities; The two are averaged together to determine each member cities % of dues City of Ell Segundo INTER - DEPARTMENTAL CORRESPONDENCE September 12,. 1997 TO: Honorable Mayor and City Councilmembers FROM: Cindy Mortesen, City Clerk SUBJECT: Agenda Packet for September 16, 1997 Attached is additions to your packet for the September 16, 1997 7:00 P.M. meeting Due to circumstances these items could not be included with the regular delivery of the packet. Please place the items in the appropriate areas of your packet Any further qugstions you may contact me. Cin Morte 7 C9 Clerk C�// cc: Susan Cooper, City Treasurer Mark Hensley, City Attorney Jim Morrison, City Manager Department Heads Marlene Baker, Executive Assistant to the City Manager