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1998 AUG 04 CC PACKETAomb6 AGENDA CIO` 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, August 4, 1998 - 5:00 P.M. CALL TO ORDER PLEDGE OF ALLEGIANCE - Councilmember Nancy Wernick ROLL CALL PUBLIC COMMUNICATIONS - s 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 sue.) 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 . In the Matter of the Application of City of Los Angeles, OAH No. L- 9604014 2. Hill v. City of El Segundo, LASC Case No. YC 030986 3. Hughes v. City of El Segundo, LASC Case No. BC 185210 4. Senior v. City of El Segundo, WCAB Unassigned 5. Mosleh & Greffon v. City of El Segundo, LASC Case No. YC 025903 6. Fenwick v. Civil Service Commission and City of El Segundo, 2 Civil B121282 and Los Angeles No. BSO44667. 7. El Segundo v. Kilroy, LASC Case No. YC 031166 i O'ir�l 08- 04- 98.5pm CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Gov't Code §54956.9(b):-ml- potential case (no further public statement is required at this time); Initiation of litigation pursuant to Gov't Code §54956.9(c): -5- matters. DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957) - Status of City Manager recruitment. CONFERENCE WITH CITY'S LABOR NEGOTIATOR - (Gov't Code §54957.6) - Meet with negotiator for the General Employees Association (El Segundo City Employees Association) and negotiator for the unrepresented employees. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8) - None. REPORT OF ACTION TAKEN IN CLOSED SESSION (if required) SPECIAL ORDERS OF BUSINESS - Interview candidates for Planning Commission and Community Cable Advisory Committee. Recommendation - Interview and announce appointments. PUBLIC COMMUNICATIONS - (Related to Cily 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. ADJOURNMENT POSTED: DATE �0 TIME S NAME 2 08- 04- 98.5pm 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 -2208. 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, AUGUST 4,1998 - 7:00 P.M. Next Resolution # 4079 Next Ordinance # 1288 CALL TO ORDER INVOCATION - Rev. Alexei Smith, Saint Andrew Russian Greek Catholic Church PLEDGE OF ALLEGIANCE - Councilmember Nancy Wernick PRESENTATIONS - Commendations recognizing theTeen Center's REACT (Recreation Event & Activity Committee for Teens) 1998 Scholarship winners, Derek Ernest, who will be attending Harbor College, Jessica Hancock, who will be attending Cuesta College in San Luis Obispo, and Tiffany Corallo, who will be attending UC Davis. 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. A. PROCEDURAL MOTIONS Consideration of a motion to read all ordinances and resolutions on this Agenda by title only. Recommendation - Approval. B. SPECIAL ORDERS OF BUSINESS - Public hearing and authorization for the City Manager or his /her designee to commence with the sale of the City owned property located at 160 South Sepulveda Blvd. Recommendation - 1) Open public hearing. 2) Read Resolution by title only. 3) Adopt resolution. 2. Public Hearing and a Resolution of the City of El Segundo, California, finding the City to be in conformance with the Congestion Management Program (CMP) and adopting the CMP Local Implementation Report, in accordance with California Government Code Section 65089. Recommendation - 1) Hold public hearing. 2) Read Resolution by title only. 3) Adopt Resolution. 3. Public Hearing concerning City of El Segundo Energy Services Performance Contracting Program and award of contract to Landis & Staefa Inc (contract amount = $1,641,452.00). Recommendation - 1) Open public hearing. 2) Discussion. 3) Award contract to Landis & Staefa, Inc., and authorize the Mayor to execute the agreement. C. UNFINISHED BUSINESS - Staff recommendation to provide staffing to fill the function of centralized procurement within the Finance Department in the amount estimated at $28,544 for the 1998 -99 Budget. (Annual fiscal impact of $106,140 which is expected to be offset by cost savings and reduced use of leeal services.) Recommendation - City Council direct the Human Resources Department to implement the class specification and retain the position of Purchasing Agent within the Finance Department in the Business Services Division. This action will result in an increase in one person in the Finance Department and result in a budget impact of $28,544 for the 1998 -99 fiscal year which will end on September 30, 1999. Adopt Resolution. 2. Staff recommends that City Council modify their previous 1998 -99 budget action which authorized an increase of one position within the City Clerk's office and adjust the overall staff level by a net reduction of one part-time (5) position for a cost savings of $16,368 during the next fiscal year. Recommendation - Modify, approve, and authorize Human Resources to retain the services of one full -time Office Specialist assigned to the City Clerk's Office for the primary purpose of contract management. D. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS - Appointments made by the City Council on Tuesday, August 4, 1998 to Committees, Commissions and Boards. Recommendation - Announce the appointments and respective terms of office, to Committees, Commissions and Boards. 2. Revised bud eg t and operational format for the Lakes at El Segundo Restaurant. Recommendation - Approve revised budget and operational format for the Lakes at El Segundo Restaurant. 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 249072 - 249339 on Demand Register Summary Number 02 in total amount of $1,663,214.97, Warrant Numbers 249343 - 249425 on Demand Register Summary Number 30 in total amount of $153,074.12, and Wire Transfers in the amount of $552,634.03. Recommendation - Approve Warrant Demand Registers 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 07/15/98 to 07/28/98. 2. City Council meeting minutes of July 21 1998 Recommendation - Approval. Agreement providing for three year Memorandum of Understanding between the City Council and the El Segundo City Employees Association. Fiscal Impact: $272,305 first year total compensation cost. Funds are available in the City's 1998/99 Fiscal Year Operating Budget for the first year 5% salary increase Recommendation - 1) Approve the Agreement. 2) Adopt Resolution. 4. Proposed revisions to the class specification for the mid - management job classification of Deputy Cit y Clerk. Recommendation - Approve the class specification. Examination12lans for designated Personnel Merit System Job Classifications. Recommendation - Approve the examination plans. 6. Proposed class specification and resolution establishing a monthly salary range for the new job classification of Senior Accountant. Fiscal Impact: Funding for the one position job classification is contained in the Fiscal Year 1998 -99 Operating Budget. Recommendation - 1) Approve Class Specification. 2) Adopt Resolution. 7. Resolution of the City Council rescinding Resolution Number 3996, and adopting a new resolution approving a new Conflict of Interest Code. Recommendation - Approve new Conflict of Interest Resolution. 8. Adoption of plans and specifications for construction of a storm drain in the 500 block of Washington Street Pr iect No PW 98 -4 (estimated cost = $150,000.00). Recommendation - Adopt plans and specifications and authorize staff to advertise the project for receipt of construction bids. 9. Award of contract for the improvements to the City parking lot at Main Street and Mariposa Avenue Project No PW 97 -25 (contract amount $56.906.36). Recommendation - 1) Approve a transfer of $28,000.00 of savings from the recently completed fiscal year 1997 -98 Sewer Main Repair project. 2) Award contract to the lowest responsible bidder Century Paving, Inc., in the amount of $56,906.36. 3) Authorize the Mayor to execute the standard public works construction agreement after approval as to form by the City Attorney. 4) Authorize staff to request payment of $3,000.00 for the project from the El Segundo High School car wash organizers. 10. Award of contract for the construction of sidewalks north of the Douglas Street Green Line Station (contract amount $239,300.00). Recommendation - 1) Reject the apparent low bid by Lobana Engineering as being non - responsive. 2) Award contract to the qualified low bidder, Damon Construction Company, in the amount of $239,300.00. 4 001)016 3) Authorize the Mayor to execute the standard public works construction agreement after approval as to form by the City Attorney. 4) Authorize staff to retain Hayer Consultants to provide construction inspection services at $38 /hour for a not to exceed amount of $20,000.00. 5) Allocate $13,000.00 to the project from the City's Transportation Development Act (TDA) apportionment. 11. Authorization of $172,952.49 payment to the Metropolitan Transportation Authority (MTA) for preliminary engineering/environmental assessment performed by the MTA regarding the Del Norte Green Line Station. Recommendation - 1) Allocate $172,952.49 from General Fund reserves. 2) Authorize payment of $172,952.49 to the MTA. 3) Authorize the City Attorney to continue the efforts to recover these costs from Kilroy Airport Associates. 12. Disposal of surplus vehicles and equipment Recommendation - Declare vehicles and equipment surplus and authorize staff to have items sold at auction, or sell for scrap as recommended. In addition, requesting permission from City Council to allow General Services Manager and Business Services Manager to properly dispose of any items which do not have any salvage value (i.e., a broken chair) when deemed necessary. Staff will destroy those unsalvageable items to prevent any unnecessary liability to the City. 13. Purchase of FrameRate "Millennium" Bulletin Board System (Fiscal Impact: $42.359). Recommendation - Approve FrameRate Corporation as sole source vendor for purchase of " Millenium" Bulletin Board System at $42,359 from the 1998/99 budget. 14. Approval of Service Agreement with the City of Redondo Beach/South Bay Youth Project, to provide counseling services to El Segundo youth and families between September 8, 1998 and June 30 1999 at a cost of $27,498. Recommendation - Approve Service Agreement and authorize the Mayor to sign Service Agreement with the City of Redondo Beach /South Bay Youth Project. CALL ITEMS FROM CONSENT AGENDA F. NEW BUSINESS - CITY MANAGER - NONE G. NEW BUSINESS - CITY ATTORNEY - NONE H. NEW BUSINESS - CITY CLERK - NONE I. NEW BUSINESS - CITY TREASURER - NONE 5 0 r1,1 J. NEW BUSINESS AND REPORTS - CITY COUNCILMEMBERS Councilmember McDowell - NONE Councilmember Gaines - NONE Councilmember Wernick - NONE Mayor Pro Tem Jacobs - NONE Mayor Gordon - Authorization to retain Gladstein & Associates to complete the Downtown Visioning Project Recommendation - Authorize the City Manager to retain Gladstein & Associates to complete the Downtown Visioning Project as described in the staff report dated May 19, 1998 with the contract approved as to form by the City Attorney. 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 CLOSED SESSION The City Council may move into a closed session pursuant to applicable law, including the Brown Act (Government Code Sec. 54960, et seq.) for the purposes of conferring with the City's Real Property Negotiator; and /or 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., August 4, 1998 under "Closed Session" (if needed). REPORT OF ACTION TAKEN IN CLOSED SESSION (if required) ADJOURNMENT in Memory of Della Wise POSTED: DATE: d� TIME: NAME: 08- 04 -98.ag CITY OF EL SEGUNDO INTER - DEPARTMENT MEMORANDUM DATE July 27, 1998 TO Tim Grimmond Acting City Manager FROM Bellur Devaraj City Engineer kka SUBJECT Potential Conflict of Interest Items - City Council Meeting of August 4, 1998 Is the project within 300 feet of a business or property owned by a City Council member? BKD:dr cc: Ed Schroder, Director of Public Works NAMEMOSZONFLICT.AUG Mayor Mayor Council Council Council Agenda Item Mike Pro Tern Member Member Member Gordon Sandra Nancy John Kelly Jacobs Wernick Gaines McDowell Award of contract for the construction of sidewalks north of No No No No No the Douglas Street Green Line Station. Award of contract for the improvements to the City Parking No No No No No Lot at Main Street and Mariposa Avenue Adoption of plans and specifications for the construction of No No No Yes Yes a storm drain in the 500 block of Washington Street. BKD:dr cc: Ed Schroder, Director of Public Works NAMEMOSZONFLICT.AUG EL SEGUNDO CITY COUNCIL AGENDA ITEM STATEMENT AGENDA DESCRIPTION: MEETING DATE: Aug. 4, 1998 AGENDA HEADING: -"opeciai, order of Business Public hearing and authorization for the City Manager or his /her designee to commence with the sale of the City owned property located at 160 South Sepulveda Blvd. RECOMMENDED COUNCIL ACTION: 1) Open public hearing; and 2) Approve and adopt attached resolution. INTRODUCTION AND BACKGROUND: On February 3, 1998, the City Council initiated the process to sell City owned land near the southeast corner of Sepulveda and El Segundo Boulevards (see attachment). For reference purposes, the subject property contains a gross land area of 0.916 acre or 39,901 square feet and is presently utilized as a parking lot for the North Village Shopping Center. On April 9, 1998, the Planning Commission made a finding (per Government Code 65402) that the proposed disposition was consistent with the 1992 El Segundo General Plan, as amended. In addition, a notice of the disposition was sent to all to all affected governmental agencies (per Government Code 54220). DISCUSSION: In response to a request from the Anthony Brent Corporation (the current lessee) to purchase the subject property, and the subsequent authorization by the City Council to proceed, staff has completed the disposition process as required by Government Code 54220 and 65402. Following approval of the attached resolution, staff will complete the property sale at the fair market value as established by R.P. Laurain & Associates. ATTACHED SUPPORTING DOCUMENTS: City Council staff report dated February 3, 1998. Resolution # FISCAL IMPACT: Approximately $265,000 in revenue. Operating Budget: Capital Improvement Budget: Amount Requested: Project/Account Budget: Project/Account Balance: Account Number: Project Phase: Appropriation Required: N/A N/A Date: NA No ORIG - Date: 7/27/98 BY: TAKEN: Date: 7/27/98 >fD -1 EL SEGUNDO CITY COUNCIL MEETING DATE: February 3, 1998 AGENDA ITEM STATEMENT AGENDA HEADING: Consent AGENDA DESCRIPTION: Authorization to initiate the process to sell City owned property near the southeast corner of Sepulveda and El Segundo Boulevards. Fiscal Impact: approximately $265,000 of revenue. RECOMMENDED COUNCIL ACTION: Approve the recommended procedure to sell City owned property and direct staff to take the following steps: 1. Schedule a review by the Planning Commission to determine that the sale of the subject property is consistent with the goals and policies of the General Plan per Government Code 65402. 2. Offer property to other governmental agencies per Government Code 54220: a) Any "low income housing providers" as set forth in Health and Safety Code section 50079 and under whose jurisdiction the property would be located; b) Any moderate income "housing sponsors" as set forth in Health and Safety Code section 50074 and under whose jurisdiction the property would be located; C) Any parks and recreation department within both the City and County of Los Angeles; d) Any regional park authority under whose jurisdiction the property would be located; e) The State Resources Agency. 3. Prepare a resolution for City Council consideration authorizing the intent to sell the property and noticing a specific time and public hearing for the sale. INTRODUCTION AND BACKGROUND: (See Paae 2) DISCUSSION: In response to Mr. Brent's request and subsequent authorization by the City Council to proceed, staff reviewed the Government Code to determine the appropriate land sale process which is outlined above. It is anticipated that the procedure will require approximately six months. Given the size, configuration, numerous easements, and the fact that the majority of the property is currently utilized as a parking lot for the North Village Shopping Center, it is unlikely that there will be any public interest in the property. However, Mr. Brent has conveyed a strong interest in purchasing the property as it is key to the successful operation of his shopping center. ATTACHED SUPPORTING DOCUMENTS: Letter dated October 21, 1997, from Anthony Brent Corporation and Amendment to Lease (No. 3) dated November 18, 1997. FISCAL IMPACT: Approximately $265,000 in revenue. (Check one) Operating Budget: X Capital Improv. Budget: Amount Requested: $0 Proiect/Account Budget: N/A Proiect/Account Balance: N/A Date: Account Number: N/A Project Phase: N/A Appropriation Required - Yes_ No X ORIGINATED: Date: James Hansen' �- REVIEWED BY: James W. rn , City Ma ACTION T Date: F^a -a. 0 01 1) , Jf Page 2 INTRODUCTION AND BACKGROUND: The City received a request from the Anthony Brent Corporation on October 21, 1997, to extend the existing lease of City owned property adjacent to the North Village Shopping Center (attached). For reference purposes, the subject property, located near the southeast corner of El Segundo and Sepulveda Blvds., contains a gross land area of 0.916 acres or 39,901 square feet. The major portion of the irregularly shaped site is covered with an asphalt paved parking lot which provides parking for the shopping center. On November 18, 1997, the City Council considered the request and authorized the current ground lease for 30 years or February 28, 2028 (attached). The appraisal established the total land value at $265,000 with an annual rent @ 9% or $23,850. During the process, Mr. Brent expressed an interest in purchasing the property at such time as the City was in a position to complete the sale. L-D--3 EL SEGUNDO CITY COUNCIL MEETING DATE: November 18, 1997 AGENDA ITEM STATEMENT AGENDA HEADING: City Manager AGENDA DESCRIPTION: Amendment to an existing lease with the Anthony Brent Corporation for property located at the southeast corner of 5-1 Segundo and Sepulveda Blvds. Fiscal Impact: $23,850 of revenue per year. RECOMMENDED COUNCIL ACTION: Approve the lease amendment and authorize the Mayor to execute same on behalf of the City. INTRODUCTION AND BACKGROUND: The City received a request from the Anthony Brent Corporation on July 23, 1997, and a subsequent letter on October 21, 1997, to extend the existing lease of a City owned property adjacent to the North Village Shopping Center (attached). For reference purposes, the subject property, located near the southeast comer of El Segundo and Sepulveda Blvds., contains a gross land area of 0.916 acre or 39,901 square feet. The major portion of the irregularly shaped site is covered with an asphalt paved parking lot which provides parking for the shopping center. Specifically, Mr. Brent, has requested that the current ground lease (effective until January 31, 2005) be extended to a overall lease term of thirty (30) years or February 28, 2028, The extension will satisfy a requirement of his lender and allow him to refinance the shopping center property (attached). Mr. Brent has also expressed a desire to purchase the property at such time as the City is in a position to complete the sale. DISCUSSION: In response to the above request, an appraisal was completed on the subject property by R.P. Laurain $ Associates. The appraisal and a subsequent amendment dated November 3, 1997, established the total land value at $265,000 with an annual rent @ 9% or $23,850. The attached lease amendment reflects the current value established by the appraisal which is an increase of $11,850 of revenue annually over the previous terms. ATTACHED SUPPORTING DOCUMENTS: Letters dated July 23, 1997 and October 21, 1997 from Anthony Brent Corporation, Letter dated August 8, 1997 from Midland Data Systems. Current lease dated September 20, 1994; amended lease #1 dated January 17, 1995; amended lease #2 dated November 7, 1995; and amendment #3. FISCAL IMPACT: (Check one) Operating Budget $23.850 (revenue) Capital Improv. Budget: Amount Requested: $0 Project Account Budget: N/A Project/Account Balance: N/A Account Number: N/A Project Phase: N/A Appropriation Required - Yes No x ORIGINATED: Date: 1111,317 Director of Economic Develo BY: James W. Morrison, City Manager ACTION TAKEN: ent Date: E'er- -4 0 0':►1 RECORDING REQUESTED BY CITY ATTORNEY When recorded mail to CITY CLERK City of E1 Segundo 350 Main Street E1 Segundo, California 90245 310) 607 -2201 City of E1 Segundo Contract No. 2363C AMENDMENT TO LEASE AGREEMENT (NO. 3) This AMENDMENT TO LEASE AGREEMENT is made and entered into this 18th day of November , 1997, by and between the City of E1 Segun o Lessor ") and Project One- Fifty, a California general partnership ( "Lessee "). WHEREAS, Lessor and Lessee entered into a Lease Agreement ( "Lease Agreement ") dated September 20, 1994, recorded in the Official Records of Los Angeles County, California, #94- 2014838; which Lease Agreement; WHEREAS, Lessor and Lessee entered into an Amendment to Lease Agreement ( "First Amendment ") dated January 17, 1995, which amendment amended paragraph 2 of the Lease Agreement relating to the term of the lease; fi. WHEREAV,.Lessor and Lessee entered into an Amendment to Lease Agreement No. 2 ( "Second Amendment ") dated November 7, 1995, which amendment added a paragraph 20 to the Lease Agreement relating to parking on the premises; WHEREAS, Lessor and Lessee desire to extend the term of the lease and amend the provisions of the lease relating to rent; NOW, THEREFORE, the parties hereto agree to Amend paragraphs 2 and 4 of the Lease Agreement to read as follows: 2. TERM. The term of.the Lease Agreement shall expire on February 28, 2028. 4. RENT. Lessee shall pay as rent for said Leased Property, the base rent of $23,850.00, which sum is due and payable upon execution of the Amendment to Lease Agreement (No. 3), and each year annually on the said execution date, at the offices of the Lessor. At the end of each ten (10) year period E-Z --5- G0')1 City of El Segundo Contract No. 2363C following the execution date of the Amendment to Lease Agreement No. 3), the total land value, of the subject property shall be appraised by an appraising firm agreed to by the parties and paid for by Lessee. The base year rent shall then be recalculated to be nine percent (9 %) of the appraised value of the subject property. In addition, the base rent shall automatically increase each year by a percentage which shall be equal to the percentage increase of the Consumer Price Index as shall be reflected in the most recent report of consumer prices for the Los Angeles /Long Beach Standard Metropolitan Statistical Area ( "CPI") using September 1997 as the base year. The rent shall not be decreased by any decrease in the CPI. All other terms and conditions of the Lease Agreement dated September 20, 1994, the First Amendment dated January 17, 1995 and the Second Amendment dated November 7, 1995 shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment to Lease Agreement the day and year first above written. &�07706 )- APPROVED AS TO FORM: City Attorney CITY OF EL SEGUNDO i By; MAYOR PROJECT ONE -FIFTY A California general partnership By: ED- : 0 �1 ANTHONY BRENT CORPORATION 9665 Wilshire Boulevard, Suite 220 Beverly Hills, California 90212 Phone: (310) 247 -7171 Fax: (310) 247 -7172 October Z i , 1997 Via facsiniile (310) 322 -7137 Mr. Jim Morrison, City Manager City of El I Scgundo 350 Main treet El Segundo, CA 90245 PROPERTY LOCATED AT 140 S. SEPULVEDA BOULEVARD, EL SEGUNDO, CA Dear Mr. I4orrison, I enjoyed Meeting with you and Jim Hansen today, and our discussion relative to the purchase of the subj�ct property by Project One -Fifty. This letter Shall confirm that it is Project Otte- Fifty's intention to purchase the subject property as soon as ache City of El Segundo is in a position to complete a sale. As you ad ised, there are certain procedures the city must satisfy before a sale can be finalized, which will imost likely .snake it impossible to close a transaction on or before February 28, 1998, the due dai of our existing loan on the shopping center adjoining the subject property. In view of'Ithe sale transaction being delayed to some time beyond February 28, 1998, we are hereby requesting that the expiration date ( January 31, 2005 ) of the existing Ground Lease on the subject property, between Project One- Fifity and the City of El Segundo, be extended to February 2 , 2028. This will add approximately twenty three (23) years to the Ground Lease, ' �` ✓ making the ioverall lease term thirty (30) years, which will satisfy our lender's requirements and allow us to iefinance our shopping center property. (Please refer to Midland Loan Services letter enclosed, dited August 8, 1997.) As we discussed, this will only be a temporary arrangement until we purchase the property which should occur within the next approximate six month period. Many du ki for your help and assistance concerning this matter. i Yours truly] ANiO gB T O ORATION ' �—% ANTHO AB.x FILM RSWOP1 30N.000 U �� RESOLUTION NO. A RESOLUTION OF THE CITYCOUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA DECLARING REAL PROPERTY LOCATED AT 160 SOUTH SEPULVEDA, EL SEGUNDO TO BE SURPLUS PROPERTY AND ORDERING ITS SALE THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1: The City Council of the City of El Segundo (hereafter "City ") hereby finds, determines and declares as follows: a. The City of El Segundo owns the property located at 160 South Sepulveda Boulevard, El Segundo, California, located near the southeast corner of El Segundo and Sepulveda Boulevards (hereafter "Property"). The major portion of the property is covered with an asphalt -paved parking lot, which provides parking for the adjacent shopping center. A legal description of the Property, which consists of approximately thirty nine thousand, nine hundred and one (39,901) square feet as shown on Parcel Map No. 17749, recorded in Book 207, Page 58, in the office of the County Recorder of the County of Los Angeles, State of California, is attached hereto as Exhibit "A" and incorporated herein by this reference. b. The Property is no longer necessary for the City's use and its sale will provide a public benefit to the City for including, but not limited to, the following reasons: the proceeds of the sale of the Property will provide the City with additional revenues to address other public needs within the City. C. The Property has previously been offered for sale as required by state law. d. An appraisal for the subject property was previously prepared by R.P. Laurain & Associates establishing the fair market value for the property. The El Segundo Planning Commission has previously found that the proposed sale is consistent with the General Plan. SECTION 2. The City Council of the City hereby authorizes the City Manager or his /her designee to commence with the sale of the Property, subject to Council approval of the sale price and other terms of sale. SECTION 3: The City Clerk shall certify to the passage and the adoption of this Resolution; shall enter the same in the book of original resolutions of said City; and shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council of said City, in the minutes of the meeting at which the same is passed and adopted. RESOLUTION NO. DECLARING 160 S. SEPULVEDA SURPLUS /ORDERING SALE -1 Eb v i PASSED, APPROVED AND ADOPTED this day of , 1998 Mike Gordon, Mayor ATTEST: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I, Cindy Mortesen, City Clerk of the City of El Segundo, California, do hereby certify that the whole number of members of the City Council of the City is five; that the foregoing Resolution No. was duly passed and adopted by said City Council, approved and signed by the Mayor of said City, and attested to by the City Clerk of said City, all at a regular meeting of said Council held on the day of 1998, and the same was so passed and adopted by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Cindy Mortesen, City Clerk APPROVED AS TO FORM: Mark D. I-jensley, City Attorney E112)° 7 RESOLUTION NO. DECLARING 160 S. SEPULVEDA SURPLUS /ORDERING SALE -2- l) EL SEGUNDO CITY COUNCIL MEETING DATE: August 4, 1998 AGENDA ITEM STATEMENT AGENDA HEADING: Special Orders of Business AGENDA DESCRIPTION: Public Hearing and a Resolution of the City of El Segundo, California, finding the City to be in conformance with the Congestion Management Program (CMP) and adopting the CMP Local Implementation Report, in accordance with California Government Code Section 65089. RECOMMENDED COUNCIL ACTION: 1. Hold Public Hearing. 2. Read Resolution by title only. 3. Adopt Resolution. INTRODUCTION AND BACKGROUND: The Congestion Management Program (CMP) became effective with voter approval of Proposition 111 in June 1990. In accordance with State law, the Los Angeles County Metropolitan Transportation Authority (MTA) has adopted the CMP for Los Angeles County. Cities within the County are required to comply with the adopted CMP. The CMP requires that by September 1, 1998, local agencies submit a self - certification Resolution pursuant to holding a noticed public hearing as required by State law. DISCUSSION: See next page......... ATTACHED SUPPORTING DOCUMENTS: 1. Resolution for adoption. 2 1998 Local Implementation Report. FISCAL IMPACT: NOT APPLICABLE Operating Budget: Capital Improvement Budget: Amount Requested: Project/Account Budget: Project/Account Balance: Account Number: Project Phase: Appropriation Required: Date: 00019 Page 1 of 2 PW- AUG04.01 (Tuesday 7/28/98 9:00 AM) DISCUSSION: The self - certification Resolution consists of the following: 1. A finding that the City is in conformance with the CMP. 2. Certification thatthe City will continue to implement the Transportation Demand Management Ordinance. (City Zoning Code, Chapter 20.55). 3. Certification that the City will continue to implement a Land Use Analysis Program. (City Council Resolution No. 3805). 4. 1998 Local Implementation Report which includes: (a) Carry over credit from 1997 Local Implementation Report = 8,796 (b) Total debits accrued as a net result of building and demolition permits issued between 6/1/97 and 5/31/98 = (- 4,516) (c) Credits for qualifying transportation strategies implemented by the City between 6/1/97 and 5/31/98 = 3,856 Total Positive Credit Balance as of May 31, 1998 = 8,136 The CMP requires that local agencies demonstrate a positive balance of CMP credits to demonstrate that the agency has implemented transportation improvements to mitigate traffic impacts due to growth. A negative balance would indicate that the local agency has failed to offset development traffic impacts by transportation improvement strategies. MTA is required to report this non- conformance with the CMP requirement to the State Controller who is required to withhold that City's share of State Gasoline Tax allocations until that particular City complies with the CMP requirements. As indicated above, as of May 31, 1998, the City has a net positive credit balance in the City's favor and is therefore in conformance with the MTA's CMP requirements. After conclusion of the Public Hearing and discussion, Staff recommends City Council adoption of the Resolution. Page 2 of 2 PW- AUG04.01 (Tuesday 7/28/98 9:00 AM) RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, FINDING THE CITY TO BE IN CONFORMANCE WITH THE CONGESTION MANAGEMENT PROGRAM (CMP) AND ADOPTING THE CMP LOCAL IMPLEMENTATION REPORT, IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTION 65089. WHEREAS, the Los Angeles County Metropolitan Authority ( "MTA "), acting as the Congestion Management Agency for Los Angeles County, adopted the 1997 Congestion Management program in November, 1997; and WHEREAS, the adopted CMP requires that MTA annually determines that the County and Cities within the County are conforming to all CMP requirements; and . WHEREAS, the adopted CMP requires submittal to the MTA of the CMP Local Implementation report by September 1 of each year; and WHEREAS, the City Council of the City of El Segundo held a noticed public hearing on August 4,1998. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. That the City has taken all of the following actions, and that the City is in conformance with all applicable requirements of the 1997 CMP: By June 15, of odd- numbered years, the City will conduct annual traffic counts and calculated levels of service for selected arterial intersections, consistent with the requirements identified in the CMP Highway and Roadway System Chapter. The City has locally adopted, and continues to implement, a transportation demand management ordinance, consistent with the minimum requirements identified in the CMP Transportation Demand Management Chapter. The City has locally adopted, and continues to implement, a land use analysis program, consistent with the minimum requirements identified in the CMP Land Use Analysis Program Chapter. The City has adopted a Local Implementation Report, attached hereto as Exhibit "A ", and made a part hereof, consistent with the requirements identified in the CMP. This report balances traffic congestion impacts due to growth within the City with transportation improvements, and demonstrates that the City is meeting its responsibilities under the County-wide Deficiency Plan. RESOLUTION NO. ADOPTING CMP LOCAL IMPLEMENTATION REPORT 0 0''� 21 SECTION 2. The City Clerk shall certify to the passage and adoption of this Resolution, shall enter the same in the book of original resolutions of said city, shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council of said City, in the minutes of the meeting at which the same is passed and adopted, and shall forward a copy of this Resolution to the Los Angeles County Metropolitan Transportation Authority. PASSED, APPROVED AND ADOPTED this 4th day of August, 1998. Mike Gordon, Mayor ATTEST: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I, Cindy Mortesen, City Clerk of the City of El Segundo, California, do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing Resolution No. was duly passed and adopted by said City Council, approved and signed by the Mayor of said City, and attested to by the City Clerk of said City, all at a regular meeting of said Council held on the 4th day of August, 1998, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Cindy Mortesen, City Clerk APPROVED AS TO FORM: Mark H nsley, City Attorney RESOLUTION NO. ADOPTING CMP LOCAL IMPLEMENTATION REPORT -2- CITY OF EL SEGUNDO Date Prepared: 14- Jut -98 1998 CMP Local Implementation Report Report Period: JUNE 1,1997 - MAY 31,1998 Contact: Paul Garry Phone Number: (310) 322 -4670 CONGESTION MANAGEMENT PROGRAM FOR LOS ANGELES COUNTY ..; DEFICIENCY PLAN STATUS SUMMARY 1. Total Current Congestion Mitigation Goal [from Section 1] ................... (4,516) Exempted Dwelling Units 0 Exempted Non - residential sq. ft. (in 1,000s) 0 2. Transportation Improvements Credit Claims (from Section 11] ................... 3,856 Land Use Strategy Claims 1 Capital Improvement Claims 3 Transit Claims 0 TDM Claims 1 Total Strategies Claimed 5 Subtotal Current Credit (Goal) ................... 660 3. Carryover Credit from Last Year's (1997) Local Implementation Report ................... 8,796 Net Deficiency Plan Credit Balance: ................... 8,136 EXHIBIT 'A' RESOLUTION NO. liu 'C_� Section I, Page 1 CITY OF EL SEGUNDO Date Prepared: 30- Jun -98 1998 CMP Local Implementation Report Report Period: JUNE 1,1997 - MAY 31,1998 SECTION I - NEW DEVELOPMENT ACTIVITY REPORT PART 1: NEW DEVELOPMENT ACTIVITY RESIDENTIAL DEVELOPMENT ACTIVITY Category Dwelling Units Debit Debits Value /DU Sin le Family Residential 5.00 x 6.80 = 34 Multi -Famil Residential 0.00 x 4.76 = 0 Group Quarters 0.001 x 1.98 = 0 COMMERCIAL DEVELOPMENT ACTIVITY Category 1000 Gross Square Feet Debit Debits Value /1000SF Commercial less than 300,000 s .ft. 46.98 x 22.23 = 1,044 Commercial 300,000 s .ft. or more 0.00 x 17.80 = 0 Freestanding Eating & Drinking 9.231 x 66.99 = 618 NON - RETAIL DEVELOPMENT ACTIVITY Category 1000 Gross Square Feet Debit Debits Value /1000SF Lodging 0.00 x 7.21 = 0 Industrial 145.55 x 6.08 = 885 Office less than 50,000 s .ft. 18.72 x 16.16 = 303 Office 50,000 - 299,999 sq. Q 232.17 x 10.50 = 2,438 Office 300,000 s .ft. or more 0.00 x 7.35 = 0 Medical 0.00 x 16.90 = 0 Government 0.00 x 20.95 = 0 Institutional /Educational 0.00 x 7.68 = 0 University 0.00 x 1.66 = 0 OTHER DEVELOPMENT ACTIVITY Description Attach additional sheets if necessary Daily Trips 0 Debit Debits Value/Trip ENTER IF APPLICABLE 0.00 x 0.71 = 0 ENTER IF APPLICABLE 0.00 x 0.71 = 0 Subtotal New Development Activity= 5,322 Adjustments (Optional) - Complete Part 2 0 = 806 Total Current Congestion Mitigation Goal Points) _ (4,516) EXHIBIT 'A' RESOLUTION NO. it • c:, � Section I, Page 2 CITY OF EL SEGUNDO Date Prepared: 30- Jun -98 1998 CMP Local Implementation Report Report Period: JUNE 1,1997 -MAY 31,1998 SECTION I - NEW DEVELOPMENT ACTIVITY REPORT (Continued) Enter information where it sa s "Enter." If not a licable, enter "0" so it will total. . DEVELOPMENT IMPORTANT: Adjustments may be claimed only for 1) development permits that were both issued and revoked, expired or withdrawn during the reporting period, and 2 demolition of any structure within the reporting eriod. RESIDENTIAL DEVELOPMENT ADJUSTMENTS Category Dwelling Units Adjustment Subtotal Value /DU Single Family Residential 2.00 x 6.80 = 14 Multi-Family Residential Group Quarters 0.00 0.001 x 4.76 = 0 x i.98 = 0 COMMERCIAL DEVELOPMENT ADJUSTMENTS Category 1000 Gross Square Feet Adjustment Subtotal Value/1000SF Commercial less than 300,000 s .ft. Commercial 300,000 s .ft. or more 4.87 x 22.23 = 108 0.00 x 17.80 = 0 Freestanding Eating & Drinking 0.00 x 66.99 = 0 NON - RETAIL DEVELOPMENT ADJUSTMENTS Category 1000 Gross Square Feet Adjustment Subtotal Value/1000SF Lodging 0.00 x 7.21 = 0 Industrial 6.15 x 6.08 = 37 Office less than 50,000 s .ft. 40.00 x 16.16 = 646 Office 50,000 - 299,999 s .ft. 0.00 x 10.50 = 0 Office 300,000 s .ft. or more 0.00 x 7.35 = 0 Medical 0.00 x 16.90 = 0 Government 0.00 x 20.95 = 0 Institutional /Educational 0.00 x 7.68 = 0 University 0.00 x 1.66 = 0 OTHER DEVELOPMENT ADJUSTMENTS Description Attach additional sheets if necessary) Daily Trips I Adjustment Subtotal Enter "0" if None Value/Trip ENTER HERE IF APPLICABLE 0.001 x 0.71 = 0 ENTER HERE IF APPLICABLE 0.001 x 0.71 = 0 Total Mitigation Goal Adjustments (Points) = 806 EXHIBIT "A" RESOLUTION NO. Section I, Page 3 EXHIBIT "A" RESOLUTION NO. 01 Section Il.a, Page 1 CITY OF EL SEGUNDO Date Prepared: 1998 CMP Local Implementation Report Report Period: JUNE 1,1997 -MAY 31,1998 13- Jul -98 SECTION II.b - CAPITAL IMPROVEMENT CREDIT CLAIMS Total Cap. IMP. Projects: 3 Total Cap. imp. Credit (Points): 3,562 LL2 212.1 3 General use lane on CMP Arterial P 5. Sco a 2.0 6. Units lane mile 4 Sepulveda Boulevard Widening 7. Str. Name: Sepulveda Boulevard 8. From/To: El Segundo Boulevard to Rosecrans Avenue 9. Intersection: Enter 10. Map Page: 732 11. Participants: Caltrans and City of El Segundo 12, MTA Funding: 46% 1 13. Your share of local funding: 47% 14. Portion of Project within your jurisdiction: 100% 15. Other Info: 16 17 1 18 1 19 1 20 21 1 22 1 23 1 24 144.00 11500.00 1 12,420 1999 1$13,964 1 58% 2 1 1840 70% 3,168 1 3 2 244.2 3 Intersection Modification, Other Major Arterial 5. Scope 1.0 6. Units intersection 4 Addition of Second Left -turn Lane 7. Str. Name: Rosecrans Avenue (Eastbound direction) S. From/To: 9. Intersectiom Nash Street 10. Map Page: 732 11. Participants: City of El Segundo 12. MTA Funding: 0% 1 13. Your share of local funding: 100% 14. Portion of Project within your jurisdiction: 100% 15. Other Info: 16 1 17 1 18 1 19 20 21 1 22 23 24 1 24 144.00 144 1996 Unknown 100% 1 0 100% 144 1 4 2 215.1 3 Arterial Center Medians, CMP Arterial 5. Scope 2.0 6. Units lane -mile 4 Median Arterial in Sepulveda Bvd. (State Route 1) 7. Str. Name: Sepulveda Boulevard 8. From/To: El Segundo Boulevard to Rosecrans Avenue 9. Intersection: Enter 10. Map Page: 732 11. Participants: City of El Segundo, Caltrans, MTA 12. MTA Funding: 46% 13. Your share of local funding: 47% 14. Portion of Project within your jurisdiction: 100% 15. Other Info: Part of Sepulveda Widening project 16 1 17 1 18 1 19 1 20 1 21 1 22 1 23 1 24 575.00 1 6211 1999 1 $175 1 58% 1 2 1 0 1 70% 1 250 EXHIBIT "A" RESOLUTION NO. (0002 t Section Il.b, Page 1 CITY OF EL SEGUNDO Date Prepared: 30- .tun -98 1998 CMP Local Implementation Report Report Period: JUNE 1,1997 -MAY 31,1998 SECTION II.e - TDM CREDIT CLAIMS Total TDM Projects: 1 ITotal TDMCredit (Points): 136 1 321.0 CMP TDM Ordinance 1 452.6511000 g Non - Residential building permits issued, as reported in Section I No other description/entries required for this strategy. This is already done for you 16 17 18 19 1-210 21 22 23 24 0.30 136 Na Na 100% 3 n/a 100% 136 EXHIBIT "A" RESOLUTION NO. !r , Section 11.e, Page 1 EL SEGUNDO CITY COUNCIL MEETING DATE: August 4, 1998 AGENDA ITEM STATEMENT AGENDA HEADING: Special Orders of Business AGENDA DESCRIPTION: Public hearing concerning City of El Segundo Energy Services Performance Contracting Program and award of contract to Landis & Staefa, Inc. (contract amount = $1,641,452.00). RECOMMENDED COUNCIL ACTION: 1. Open public hearing. 2. Discussion. 3. Award contract to Landis & Staefa, Inc., and authorize the Mayor to execute the agreement. INTRODUCTION AND BACKGROUND: The majority of City buildings were built or remodeled before energy efficient heating, cooling, and lighting equipment were available as a cost effective alternative. Today's technology has created fluorescent lights which provide greater lumen levels and consume 35% less electricity, and electronic controls for HVAC systems provide greater building comfort while reducing energy consumption. Government Code S 4217.10 - 4217.18 provide public agencies with the ability to realize energy efficiency through the remodeling of existing facilities, and thereby savings, through a modified public contracting process. Pursuant to the Government Code, at its October 7, 1997 meeting, Council authorized staff to send out Requests for Qualification to Energy Service Companies. Staff sent out eleven (11) requests for qualification (RFQ) and five (5) companies responded. The responses were evaluated by a committee which consisted of representatives from various City departments. Based on the analysis of the RFQ and the oral interviews, the committee determined that Landis & Staefa, Inc. was the most qualified company to meet El Segundo's specific needs. At its January 20, 1998 meeting, Council authorized a letter of intent with Landis & Staefa to commence an engineering study and contract formulation of a self - funding energy retrofit and capital improvement program for City facilities. DISCUSSION: Staff has negotiated with Landis & Staefa a Performance Service Agreement which identifies the scope of work, energy savings, and payment schedule which will be implemented to achieve and guarantee the City's energy ATTACHED SUPPORTING DOCUMENTS: Draft Performance Services Agreement. FISCAL IMPACT: Operating Budget: Capital Improvement Budget: Amount Requested: Project/Account Budget: Project/Account Balance: Account Number: Project Phase: Appropriation Required: No No $1,641,452.00 Contract award Yes (Discussion continues on the next page ...) Date: 7/ 9, Page 1 of 2 NACOUNCIUPW- AUG04.06 (Tuesday 7/28/98 9:00 AM) DISCUSSION: (continued) savings. The scope of work includes replacing inefficient lighting in all City facilities with energy efficient lighting, de -lamp wherever possible, converting lighting where appropriate to off peak rates (ball field lighting in Recreation and Richmond Parks, and the Golf course Driving Range); replacement of heating, ventilation, and air - conditioning systems (HVAC) or their major components in various City facilities which are near to or have reached the end of their useful life; the installation of a heat generation system at Urho Saari Swim Stadium to replace the current boiler which is used to heat the pool water (this system will also act as a dehumidifier to remove moisture from the building interior, reducing the amount of condensation on the internal structure of the pool facility, which will lower maintenance costs); and installation of a direct digital control system (DDC) on the HVAC systems at various City facilities. It was determined that all of the replacements in the project will pay for themselves within the term of the agreement. The current scope of work identifies the engineering services, and equipment to be replaced, is valued at $1,298,885.00. Technical support services are valued at $342,567.00, for a total cost of $1,641,452.00. Landis & Staefa guarantees that the energy and operational savings over the life of the agreement will cover the cost of the project. Energy savings are the direct result of the above identified scope of work. During the development of the agreement two (2) alternatives were identified to guarantee the City's promised savings: Alternative 1: Finance the project for the ten year period through Landis & Staefa at 7.5 %. This allows the City to withhold payments for any shortfalls in the annual guaranteed savings from the City's annual payment to Landis & Staefa. Should the program display a history of meeting or exceeding the guaranteed savings, the City has the option to pay the balance in full at any time without prepayment penalties. If this alternative is selected, the scope of work identified in Section C of the Agreement will be reduced proportionately to financing costs. Alternative 2: Pay for the project upon completion of the improvements and have Landis & Staefa provide the City with an Energy Savings Guarantee Bond. The Bond guarantees that in the event that Landis & Staefa fails to repay the City for any shortfall in the guaranteed savings, the bond company will be responsible for making the payment to the City. The City attorney has opined that Alternative 1 provides the City with greater assurance than Alternative 2 because of his experience that bonds are usually difficult to collect on. The agreement includes a technical support program at a cost of $342,567.00 for the 10 year life of the contract. This program includes the following: Annual energy audit and inspection. The annual energy audit will serve to verify the annual savings, and to assure that the mechanical equipment is being maintained in accordance with the manufacturer specifications. The cost over the life of the ten (10) year contract will be $144,011.00. Automated mechanical controls system service. This will provide for maintenance and upgrades to the electronic controls on the HVAC systems. The cost over the life of the ten (10) year contract will be $143,030.00. Comprehensive maintenance service contracts. These contracts include full maintenance and component replacement on the Variable Frequency Drives to be installed at the Police Station and Library, and the Heat Generation System for the Plunge. This equipment will be evaluated annually. When a proven maintenance history has been established and staff has been thoroughly trained to service and maintain this type of equipment, the City may elect to cancel this service. The cost over the life of the ten (10) year contract will be $55,526.00. Staff recommends that council select funding Alternative 1 or Alternative 2, and approve the agreement. 0 0'-" 3 0 Page 2 of 2 N: \COUNCIUPW- AUG04.06 (Tuesday 7/28/98 9:00 AM) DRAFT PERFORMANCE SERVICES AGREEMENT THIS AGREEMENT, made and entered into this _ day of 1998, between the CITY OF EL SEGUNDO, a municipal corporation, hereinafter referred to as "City" and Landis & Staefa, Inc., a Delaware Corporation, hereinafter referred to as "Contractor" or "Landis & Staefa." In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: SCOPE OF SERVICES Contractor agrees to perform the services set forth in Exhibit C and made a part hereof. Contractor shall provide services to the City as described in Exhibit C, or when otherwise requested by the City and authorized under this Agreement. Contractor shall, at its own cost, make any revisions of its own work as required by the City and re -do, at its own cost, any work which the City finds unsatisfactory due to Contractor's or subcontractor's errors or omissions. Contractor represents and warrants that it and its subcontractors, officers, employees and agents have the necessary 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. It shall be the Contractor's sole obligation to insure that subcontractors performing work for Contractor under this Agreement shall adhere to the all of the obligations and duties imposed on the Contractor under this Agreement. STATUS OF CONTRACTOR Contractor 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 Contractor shall at all times be under Contractor's exclusive direction and control. Neither City nor any of its officers, employees or agents shall have control over the conduct of Contractor or any of Contractor's officers, employees or agents, except as set forth in this Agreement. Contractor 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. Contractor shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner.' CONTRACTOR'S KNOWLEDGE OF APPLICABLE LAWS Contractor 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. Contractor shall 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 Contractor to comply with this section. -1- 1�0 i31 DRAFT 5. COMPENSATION AND METHOD OF PAYMENT Compensation to the Contractor shall be as set forth in Exhibits B -1 and B -2 hereto and made a part hereof. — ADDITIONAL SERVICES OF CONTRACTOR Contractor 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 Exhibit C, unless such additional services are authorized in advance and in writing by the City Manager. Contractor shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Contractor at the time City's written authorization is given to Contractor for the performance of said services. 7. TERM OF AGREEMENT This Agreement shall become effective upon the execution by the City and the Contractor and shall continue in full force and effect until all of the duties and obligations of the City and Contractor set forth in this Agreement have been satisfied or until there is a material breach of the Agreement which is not cured as set forth in this Agreement. Prior to the City issuing a Notice to Proceed to Contractor, City shall have the right to terminate this Agreement without cause upon written notice to Contractor. Contractor shall have 180 days from the time the City issues the Notice to Proceed to complete the Facility and Operational Improvements. 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 carrying out the work as outlined in the Exhibit A, shall be furnished to Contractor in every reasonable way to facilitate, without undue delay, the work to be performed under this Agreement. 9. OWNERSHIP OF DOCUMENTS Upon satisfactory completion of, or in the event of termination, suspension or abandonment of, this Agreement, all original maps, models, designs, drawings, photographs, 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, Contractor 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. 10. RELEASE OF INFORMATION /CONFLICTS OF INTEREST (A) All information gained by Contractor in performance of this Agreement shall be -2- 00 X34 DRAFT considered confidential and shall not be released by Contractor 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 . Contractor, 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 or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Contractor gives City notice of such court order or subpoena. If Contractor or any of its officers, employees, consultants or subcontractors does voluntarily provide information in violation of this Agreement, City has the right to reimbursement and indemnity from Contractor for any damages caused by Contractor's conduct, including the City's attorney's fees. Contractor shall promptly notify City should Contractor, 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 Contractor and/or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. 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) Contractor covenants that neither it, nor any of its officers, principals, employees or subcontractors have any interest in, or shall acquire any interest, directly or indirectly, which will conflict in any manner or degree with the performance of their services hereunder. In this regard, Contractor agrees to comply with The Political Reform Act and all Fair Political Practice Commission Rules and Regulations, as well as all other laws, regulations and applicable rules governing conflicts of interest. Contractor further covenants that in the performance of this Agreement, no person or entity having such interest shall be employed by it as an officer, employee, agent or subcontractor. Contractor further covenants that neither Contractor, _nor any of its officers, principals, employees, or subcontractors have contracted with or performed any services directly or indirectly for any developer(s), property owner(s), firm(s), partnerships or companies owning property within the City or processing land use entitlements for with respect to land located within the City, and further covenants and agrees that neither Contractor, nor its officers, principals, and employees, or subcontractors shall provide service or enter into any agreement or agreements with any developer(s), property owner(s), firm(s), partnerships or companies owning property in the City or processing land use applications with respect to property located within the City, prior to the completion of the work under this Agreement. 11. DEFAULT. In the event that Contractor is in default of any of the provisions of this Agreement, City shall have no obligation or duty to continue compensating Contractor for any work performed unless the Contractor cures the default within 30 days of written notice of such from the City. Upon the failure of the Contractor -3- lia 3 DRAFT to cure any default the City can at its sole discretion terminate this Agreement, allow the Contractor additional time to cure the default, or allow the Contractor to proceed without curing the default. In the event that the City allows the Contractor additional time to cure or allows the Contractor to proceed under the Agreement without curing the default,. the City shall be entitled to terminate the Agreement for continuing defaults and shall be entitled to pursue all available legal and equitable remedies. 12. INDEMNIFICATION (A) Contractor represents it is skilled in the services and duties agreed to hereunder by Contractor, and City 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. (B) Contractor 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 by contract, unless such authority is expressly conferred under this agreement or is otherwise expressly conferred by the City Council. City, 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 City, shall defend the Indemnitees at Contractor'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 in order to be so indemnified. The insurance required to be maintained by Contractor under paragraph 15 shall ensure Contractor's obligations under this paragraph 14(b), but the limits of such insurance shall not limit the liability of Contractor hereunder. The provisions of this paragraph 14(b) 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 City's negligence or willful acts or omissions. 13. INSURANCE (A) Insurance Requirements. Contractor 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 -4- �,��341 DRAFT hereunder by Contractor, its agents, representatives or employees. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than ANII. Contractor shall provide the following scope and limits of insurance: (1) Minimum Scone 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 CM025, 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 Contractor and all risks to such persons under this Agreement. (d) Errors and omissions liability insurance for the engineering and design services performed pursuant to this Agreement. (e) Property Damage insurance. (2) Minimum Limits of Insurance. Contractor 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 claim. (e) Property Damage: $1,000,000 per claim; $2,000,000 aggregate. (B) Other Provisions. Insurance policies required by this Agreement shall contain the following provisions: -5- e, t- iJ0 DRAFT (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 parry 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 Contractor performs, products and completed operations of Contractor; premises owned, occupied or used by Contractor, or automobiles owned, leased or hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, its officers, officials, or employees. (b) Contractor's insurance coverage shall be primary insurance as respect to City, its officers, officials, employees and volunteers. Any insurance or self insurance maintained by City, its officers, officials, employees or volunteers shall apply in excess of, and not contribute with, Contractor's insurance. (c) Contractor'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 Contractor for City. (C) Other Requirements. Contractor agrees to deposit with City, at or before the effective date of this contract, endosements necessary to satisfy City that the insurance provisions of this contract have been complied with. The City Attorney may require that Contractor furnish City with copies of original endorsements effecting coverage required by this Section. The 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) Contractor shall furnish certificates and endorsements from each subcontractor identical to those Contractor 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 Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims. -6- ,r n V�.36 (3) The procuring construed to limit Contractor's liability requirements of this Agreement. 14. BONDS DRAFT of such required policy or policies of insurance shall not be hereunder nor to fulfill the indemnification provisions and Contractor shall obtain faithful performance and labor and material bonds, in forms acceptable to the City, in the sums of dollars ($ ), which constitutes one - hundred percent (100 %) of the value of the public improvements to assure the performance of all terms and conditions of the Agreement. These bonds shall be and remain in full force and effect , and shall protect the City of El Segundo, its officers, agents and employees until all terms, covenants, provisions and conditions of the Agreement, and any agreed upon alterations or additions thereto, are fully and well met and performed by the Contractor to the satisfaction of the City of El Segundo in the time and manner specified in the Agreement. Upon fulfillment of the obligations set forth in the Agreement as specified above, the City shall agree to exonerate the bonds. 15. NONDISCRRVUNATION /NONPREFERENTIAL TREATMENT STATEMENT In performing this Agreement, the Parties shall not discriminate on the basis of race, sex, color, age, religion, sexual orientation, disability, ethnicity, or national origin, and shall comply, to the fullest extent allowed by law, with all applicable local, state and federal laws relating to nondiscrimination. 16. UNAUTHORIZED ALIENS Contractor hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act (8 U.S.C.A. & 1101, et seq.), as amended; and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Contractor so employ such unauthorized aliens for the performance of work and/or services covered by this contract, and should the Federal Government impose sanctions against the City for such use of unauthorized aliens, Contractor hereby agrees to, and shall, reimburse City for the cost of all such sanctions imposed, together with any and all costs, including attorneys' fees, incurred by the City in connection therewith. 17. PREVAILING WAGE Contractor shall pay prevailing wages for labor performed under this Agreement as required by Labor Code Section 1770 et seq. Contractor and subcontractors shall submit certified payroll records to the City in a timely manner. Contractor shall be responsible for obtaining certified payroll records from its subcontractors. 18. 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 -7- 0 0101 ' DRAFT 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. 19. GOVERNING LAW The City and Contractor understand and agree that the laws of the State of California shall govem 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. 20. 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 Contractor by this Agreement. In recognition of that interest, neither any complete nor partial assignment of this Agreement may be made by Contractor 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. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. 21. MODIFICATION OF AGREEMENT The terms of this Agreement can only be modified in writing approved by the City Council and the Contractor. The parties agree that this requirement for written modifications cannot be waived and any attempted waiver shall be void. 22. AUTHORITY TO EXECUTE The ,person or persons executing this Agreement on behalf of Contractor warrants and represents that they have the authority to execute this Agreement on behalf of their corporation and warrants and represents that they have the authority to bind Contractor to the performance of its obligations hereunder. 23. 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: _8_ 003 DRAFT Citv Attention: City Clerk City of El Segundo _ 350 Main Street El Segundo, California 90245 Contractor Attention: Landis & Staefa 10855 Business Center Drive Orange, California 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. 24. SEVERABILITY The invalidity in whole or in part of any section, sentence or phrase of this Agreement shall not void or affect the validity of the other sections, sentences or phrases of this Agreement. 25. WAIVER The failure by either party to this Agreement to enforce any breach of any provision of this Agreement shall not waive the parties rights to enforce any breach of any other provision of this Agreement or any subsequent breach of a provision which has been previously breached. 26. DEFINITIONS The definitions set forth in Exhibit A are incorporated into this Agreement and made a part hereof. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. LANDIS & STAEFA By Title -9- li 0 0 3 9 CITY OF EL SEGUNDO By Title ATTEST: Cindy Mortesen City Clerk -10- APPROVED AS TO FORM: Mark D. Hensley City Attorney G00 j 4 0 DRAFT EXHIBIT A DEFINITIONS Definitions. The following definitions shall for all purposes of this Agreement have the following respective meaning unless the context otherwise specifies or requires or unless otherwise defined herein: "Acceptance" means the City has signed the Certificate of Substantial Completion. "Acceptance Date" means the date on which the City signs the Certificate of Substantial Completion. "Accumulated Actual Savings" means the sum of actual annual Measured & Verified Savings plus the Energy and Operational Stipulated Savings from the beginning of the contract through the current period. "Accumulated Guaranteed Savings" means the sum of guaranteed Measured & Verified Savings plus the Energy and Operational Stipulated Savings from the beginning of the contract through the current period. "Actual Annual Savings" means the amount of savings achieved during a one year period. It is the sum of the actual Measured & Verified Savings plus the Energy and Operational Stipulated Savings. "Annual Guaranteed Savings" means the guaranteed savings during a one year period. It is the sum of the actual Measured & Verified Savings plus the Energy and Operational Stipulated Savings. "Commencement Date" means the effective date of this Agreement. "Construction Period" means the period from the Commencement Date of this Agreement to the Acceptance Date. "Construction Period Savings" means the actual accumulated Measured & Verified Savings plus the Energy and,O,perational Stipulated Savings achieved from the Commencement Date of this Agreement until the Acceptance Date. "Energy Conservation Measure" ( "ECM ") means various items of equipment, devices, materials and/or software as installed by Contractor at the Facilities, or as repaired or replaced by City hereunder, for the purpose of improving the efficiency of utility consumption, or otherwise to reduce utility costs of the Facilities. "Escalation Factor" means an annual escalation percentage to be applied to the previous years Energy Savings, Operational Savings and Technical Service Agreement, beginning the second year after Acceptance Date. "Excess Savings" means the Actual Annual Savings minus the Annual Guaranteed Savings for the period If the amount is zero or less there is no Excess Savings amount for that annual period. -11- 0 01)4 "Facilities" means those buildings where the energy and operational savings will be realized. "Facility and Operational Improvements" means the improvements that are described in Exhibit C, section C.1 (the "Work "). "Guaranteed Savings" means the Measured & Verified Savings and Energy and Operational Stipulated Savings amounts identified in table 2. 1, but not to exceed the Total Project Costs. "Measured & Verified Savings" means the utility cost savings that will be achieved through the implementation of the ECM's project. Savings are determined through the measurement process set out in Exhibit D. "Energy & Operational Stipulated Savings" means the savings that will be achieved through the other cost reductions as a result of the implementation of the ECM's and have been mutually agreed upon by Contractor and the City in addition to the Measure and Verified Savings. The designated savings for each annual period with the corresponding escalation factor are set out in Exhibit D. "Performance Guaranteed Period" means that period of time beginning with the first day of the month following the Acceptance Date and ending on the date which is ten (10) years thereafter. "Savings Shortfall" means the Annual Guaranteed Savings minus the Actual Annual Savings for the period. If the amount is zero or less there is no Savings Shortfall amount for that annual period. "Technical Support Program" ( "TSP ") means the technical services to be provided by Contractor to the City during the Performance Guarantee Period which is set out in Section 4.2 hereto. "Total Guaranteed Savings" means the sum of the annual guaranteed savings over the term of the agreement. "Total Project Costs" means from time to time, all costs incurred at such time or times relating to this agreement including evaluation, engineering, procurement, installation, financing, servicing of equipment and monitoring of the facility and operational improvements. "Work" means the implementation of the Facility and Operational Improvements to be performed which are set out in Section 4.1 hereto. -12- C°J4 DRAFT EXQIIBIT B PAYMENTS /GUARANTEED SAVINGS (A) Guaranteed Savings. Contractor guarantees that the Guaranteed Savings generated from the Commencement Date through the last day of the Performance Guarantee Period will be equal to the Total Project Costs incurred by the City to complete this Project. The Savings Calculation Methodology for determining the Guaranteed Savings is set in Exhibit E. The Performance Guarantee is not dependent upon having and maintaining the Contractor Technical Support Program for the entire savings period so long as the City otherwise properly maintains Facilities and Operational Improvements. The Guaranteed Savings amounts are shown in Table A 1 below. TABLE A.1 Annual Savings Period Operational Stipulated Savings Bill Comparison Savings Total Guaranteed Savings Year 0 $20,166 $37,060 $ 57,226 Year 1 $41,153 $148,809 $189,962 Year 2 $42,388 $148,809 $191,197 Year 3 $43,660 $148,809 $192,468 Year 4 $44,970 $148,809 $193,778 Year 5 $46,319 $148,809 $195,127 Year 6 $47,709 $148,809 $196,517 Year 7 $49,140 $148,809 $197,948 Year 8 $50,614 $148,809 $146,737 Year 9 $52,132 1 $148,809 $ 38,676 Year 10 $53,696 1 $148,809 $ 39,836 Note the EsCAation Factor will be applied to Table A.1 (B) Payments. [Language to be insserted after Council directive is received.] (C) Guarantee Accounting. Contractor shall prepare an annual reconciliation statement within sixty (60) calendar days of the last day of each annual period covered by this agreement in order to determine whether the Total Guaranteed Savings for such annual period will result in Excess Savings or a Savings Shortfall. This will be calculated on an annual basis by comparing the Annual Guaranteed Savings and the Actual Annual Savings Should the Actual Annual Savings for any year be more than the Guaranteed Savings for that year, Contractor will apply the Excess Savings toward the Total Guaranteed Savings. All Construction Period Savings shall be credited toward the Total Guaranteed Savings. -13- �r }4♦1 DRAFT Should the Accumulated Actual Annual Savings at the end of any Total Guarantee Period be less than the Accumulated Guaranteed Savings, Contractor shall within 30 days pay the City the difference between the Actual Annual Savings and the Accumulated Guaranteed Savings. If the Accumulated Savings Shortfall in future guarantee periods is reduced or eliminated, the City agrees to reimburse Contractor the previous payment(s) or credit(s) by the amount of the reduction, without interest thereon. Any operational and energy costs avoided by the City from any steps taken by Contractor in the Facilities prior to the Effective Date will be added to the total savings for the first Annual Savings Period. This includes energy and operational savings generated during the installation phase of the retrofit. Contractor shall provide City with an Energy Guaranteed Savings Bond to insure its ability to pay the City for any failure(s) to achieve the Accumulated Guaranteed Savings. (Optional depending on the financing mechanism chosen by Council.) (D) Energy & Operational Stipulated Savings. The City and the Contractor agree to stipulate that the Energy & Operational Stipulated Savings (as detailed in Section 6, Schedule 1) will be deemed to be achieved upon execution of this Agreement. Neither the City or the Contractor will have any right to object to the use of such amounts as the Energy & Operational Stipulated Savings in the calculation of Actual Annual Savings. (E) Information and Changes in Use. The City will notify Contractor in writing within thirty (30) calendar days of 1. Any changes to energy consuming equipment, operating schedules, busines conducted, occupancy, or hours of operation; or or 2. Any malfunctions, failures and related changes in energy consuming equipment; 3. Any damage to, destruction of, or condemnation of the Work. The City will provide Contractor with accurate facility operating information, including energy usage and cost, executed preventive maintenance and repair records, and occupancy levels during the savings period, as soon as such information becomes available to the City. Without limiting the generality of the foregoing, the City will provide Contractor copies of all utility bills within thirty (30) calendar days of receipt over the term of this Agreement. The City will provide such remote access, through the Contractor Insight® software package or otherwise, as Contractor reasonably requests. (F) Payment for Technical Support Program. The City agrees to pay Contractor the additional amount of $342,587 for the Technical Support Program. This amount will be payable according to the -14- DRAFT schedule below. The payments are due on or before July 1, of each year. The City may at its sole option terminate the Technical Support Program, or any portion thereof, upon thirty (30) days written notice without affecting its right to Annual Guaranteed Savings and/or Accumulated Guaranteed Savings. Year Annual Energy Audit and Mechanical Ins on Automated Mechanical Controls System Service Pool Heater and VFD Servivice Contract -Program Year One 1) $12,562 $8,418 $2,134 Year Two (2) $12,939 $13,250 $5,288 Year Three 3 $13,327 $13,648 $5,415 Year Four (4) $13,727 $14,057 $5,578 Year Five (5) $14,139 $14,479 $5,745 Year Six (6) $14,563 $14,914 $5,917 Year Seven (7) $14,999 $15,361 $6,096 Year Eight (8) $15,450 $15,822 $6,227 Year Nine (9) $15,914 $16,296 $6,466 Year Ten (10) $16,391 $16,785 $6,660 -15- DRAFT EXHIBIT C. SCOPE OF SERVICES The Scope of Services are set forth in a separately bound document which are incorporated herein by this reference. -16- V J - DRAFT EXHIBIT D. TECHNICAL SUPPORT PROGRAM SUMMARY/WARRANTY INFORMATION (A) Guarantee Accounting: In addition to the services set forth in B.3, Contractor will evaluate semi - annually the City's energy consumption by using a utility monitoring and tracking program. In addition a building walk through will be conducted to evaluate system operation and building usage. A report will be generated and presented to the City. The report will present utility usage, energy savings, and a comparison of guaranteed saving versus actual savings. (B) Intent of Program. The intent of this Technical Support Program is to assist the City of El Segundo facilities personnel with supporting the technical needs of the performance contracting project. Included in the program are the following components: Engineering to track, monitor, and report energy savings as part of the guarantee. Building automation DDC systems services. Mechanical inspection services to insure that the mechanical systems are running at optimal efficiency to provide the energy and operational savings as part of the performance contracting program. Comprehensive maintenance, repair and emergency service on the equipment identified. (C) Comprehensive Maintenance Service. Contractor will provide services on the following equipment as set forth in this section. OtV Manufacturer Description 2 Magnetek Variable Frequency Drives For Police Station 1 Magnetek Variable Frequency Drive For Library 1 VaCom Technologies Heat Generation System For Plunge (D) Operating Inspections. Contractor will provide scheduled operating inspections on above referenced equipment to check system performance, equipment operating conditions, safety controls and fluid levels to maximize efficiency and reliability. Contractor will issue City a report on overall unit conditions will be presented to management at the conclusion of Contractor's mechanical/automation system inspection. (E) Corrective Maintenance and Component Replacement. Contractor will repair or replace failed or worn components (on equipment listed above) to minimize obsolescence and to maintain your system in peak operating condition. Contractor will upgrade equipment by systematically modernizing existing components as may be necessary in our judgment. Components that are suspected of being faulty may be repaired or replaced in advance to prevent system failure. Labor and material costs for corrective maintenance and emergency service are included within the scope of this technical support program. -17- 00:i� services: DRAFT (F) Mechanical Services Task List. Contractor will provide the following mechanical VaCom Heat Generation System Unit Inspection: Lock out and tag out equipment as required. Check all electrical wiring and connections. Tighten as needed. Check all motor starter contactor surfaces for wear. Clean electrical controls enclosures. Lubricate air handling unit motor bearings and fan bearings where applicable. Check belt tension and sheave alignment. Adjust as required. Check evaporator coils for excessive dirt and debris. Check and clean condensate drains and pans. Inspect air handling unit fan assembly. Lubricate condenser motors as required Check condenser coil and fan blades for excessive dirt and debris. Chemically Clean Condenser Coils at least Annually. Check structural integrity of unit. Check all mounting hardware tighten as required. Check and calibrate condenser fan controls. Check all compressor electrical wiring and connections. Tighten as required- Check compressor starter contactor surfaces for wear. Clean compressor electrical controls enclosures. Inspect condition of compressor vibration isolators. Clean exterior of compressor. Check operation of crankcase heater. Check and calibrate all compressor safety and cut -out devices. Check and adjust compressor capacity controls. Check, calibrate and adjust all compressor operational controls 2. Magnetek Variable Frequency Drives Operating Inspection Refer to Manufacturer's specifications. Visually check general condition and for proper operation. Check input/output protection. Check operator controls. Check all electrical connections. Tighten as required. Repair /replace as required. (G) List of Maintained Equipment Contractor will provide the services listed in section (F) on the following equipment: -18- 0094 DRAFT City Hall Qjy Manufacturer Product 2 Landis & Staefa Modular Building Controllers (MBC) 2 Landis & Staefa Terminal Equipment Controllers 1 IL andis & Staefa Outside Air Sensor 23 1 Landis & Staefa Room Sensors 1 Landis &Staefa Modem Police Station Ay Manufacturer Product 2 Landis & Staefa Modular Building Controllers (MBC) 23 Landis & Staefa Terminal Equipment Controllers 1 Landis & Staefa Outside Air Sensor 23 Landis & Staefa Room Sensors 1 Landis & Staefa Modem Fire Station #1 Qjy Manufacturer Product 1 Landis & Staefa Floor Level Network (FLN) 6 Landis & Staefa Terminal Equipment Controllers 6 Landis & Staefa Room Sensors 1 Landis & Staefa Modem Librajy Qty Manufacturer Product 1 Landis & Staefa Modular Building Controllers (MBC) 14 Landis & Staefa Terminal Equipment Controllers 1 Landis & Staefa Outside Air Sensor 14 Landis & Staefa Room Sensors 1 Landis & Staefa Modem -19- 0 0:49 Maintenance Facility (I) Building_ Automation Services: 1. On -line Systems Troubleshooting and Diagnostics. Contractor will provide system and software troubleshooting and diagnostics via modem. Contractor will furnish and install the necessary on -line service equipment to enable our local office to remotely log -on to your system via a regular voice grade dial up phone line. 2. Operator Support. Contractor will provide ongoing consultation via the telephone as well as on -site during our visits to assist the operator(s) in identifying, verifying and resolving problems found in executing the tasks for which they have received training from Contractor. 3. Field Panel Database /System File Backup. Contractor will backup each field panel database and system file two (2) times per year. In the event of memory loss, Contractor will reload the database from our current backup copy. 4. Field Panel Database Diagnostics. Contractor will perform field panel diagnostics, analyze the results and make recommendations to optimize building control performance within the fiuictional limits of your system. 5. System Preventive Maintenance. Contractor will perform preventive maintenance in accordance with a program of standard maintenance routines as determined by experience, equipment application and location, and the manufacturer's recommendations. 6. Corrective Maintenance and Component Replacement. Contractor will repair or replace failed or worn components to minimize obsolescence and to maintain the system in peak operating condition. Contractor will upgrade equipment by systematically modernizing existing components as may be necessary in our judgment. Components that are suspected of being faulty may be repaired or replaced in advance to prevent system failure. Labor and material costs, for the Landis & Staefa, Inc. automation systems, for corrective maintenance and emergency service are included within the scone of this technical support program. -20- iiO '5 Manufacturer Product 2 TBD Computers 2 TBD SVGA Monitors 2 Landis & Staefa Ins i ght Graphical Software 2 Landis & Staefa Dial Out Modem (I) Building_ Automation Services: 1. On -line Systems Troubleshooting and Diagnostics. Contractor will provide system and software troubleshooting and diagnostics via modem. Contractor will furnish and install the necessary on -line service equipment to enable our local office to remotely log -on to your system via a regular voice grade dial up phone line. 2. Operator Support. Contractor will provide ongoing consultation via the telephone as well as on -site during our visits to assist the operator(s) in identifying, verifying and resolving problems found in executing the tasks for which they have received training from Contractor. 3. Field Panel Database /System File Backup. Contractor will backup each field panel database and system file two (2) times per year. In the event of memory loss, Contractor will reload the database from our current backup copy. 4. Field Panel Database Diagnostics. Contractor will perform field panel diagnostics, analyze the results and make recommendations to optimize building control performance within the fiuictional limits of your system. 5. System Preventive Maintenance. Contractor will perform preventive maintenance in accordance with a program of standard maintenance routines as determined by experience, equipment application and location, and the manufacturer's recommendations. 6. Corrective Maintenance and Component Replacement. Contractor will repair or replace failed or worn components to minimize obsolescence and to maintain the system in peak operating condition. Contractor will upgrade equipment by systematically modernizing existing components as may be necessary in our judgment. Components that are suspected of being faulty may be repaired or replaced in advance to prevent system failure. Labor and material costs, for the Landis & Staefa, Inc. automation systems, for corrective maintenance and emergency service are included within the scone of this technical support program. -20- iiO '5 DRAFT 7. Automation Services Task List Modular Building Controller Visually inspect RBC cabinet and observe operating environment. Inspect diagnostic LED's. Check for air leaks if applicable. Backup the point, program and TOD database. Replace battery as required. Check for any unresolved points in program. Inspect RBC layout sheet and labels for accuracy. Check time and date - reset as required. Check operation of analog output modules - note those cycling. Print a report of failed points - repair as required. Print a report of points in alarm - review with customer. Print a report of points in operator priority - review with customer. Print a report of disabled points - review with customer. Clean cabinet enclosure (interior and exterior). Repair and replace as required. TEC Terminal Equipment Controller 3 Electronic Outputs Verify controller operation through system -wide diagnostics at system operator's console. Repair or replace terminal equipment controller as required. Repair or replace electronic actuator as required. Repair or replace room sensor as required. Repair or replace valve actuator as required. Repair or replace valve stem as required. Analog Sensor - End to End Check Verify reading at sensor and compare to point readout in automation system. Verify reading at sensor and compare to point readout in automation system. Repair and replace as require and replace as require Modem. Repair and replace as required. 8. Corrective Maintenance and Component Replacement Listed HVAC. Mechanical Equipment: contractor will repair or replace failed or worn components to minimize obsolescence and to maintain your system in peak operating condition. Contractor will upgrade equipment by systematically modernizing existing components as may be necessary in Contractor's judgment. Components that are suspected of being faulty may be repaired or replaced in advance to prevent system failure. Labor and -21- 0 ",5 t DRAFT material costs for the above referenced items are included within the scope of this technical support program. 9. Account Mana eg ment. Contractor will provide dedicated account management to coordinate the delivery of service, offer technical assistance for system programs and engineered control strategies, and implement the quality assurance program An integral part of this account management process is the collaboration of the automation specialist, mechanical technician, field operations supervisor and engineering staff of City on how to operate the mechanical systems in a more effective and efficient manner. 10. Contractor Response Time. Landis & Staefa, Inc., Inc. is a 24 -hour, 7 day per week service facility and Contractor will be on -site to provide emergency service within the next business day. Non - emergency calls, as determined by the City and Contractor will be incorporated into the next scheduled preventive maintenance visit. Contractor will respond to on -line requests for maintenance within two(2) hours via modem 24 hours a day, 7 days a week 11. Documentation of All Service Provided. Contractor document each on -site service call and furnish City with a copy showing time, date, and a brief description of activity. Work orders for on -site system preventive maintenance will list the inspection date, individual to report to, equipment identification, equipment location, work to be performed, and any special instructions. 12. Quality Assurance Program. Contractor will meet with City to evaluate system performance and City's satisfaction with the quality of service that is being provided under the Technical Support Program. 13. Sppcial Services. Contractor will provide City with preferred labor rate on any additional work to be performed outside the terms of this agreement and 60% off list price on any Landis & Staefa manufactured replacement parts not included in this agreement. 14. Exclusions and Limitations of Liability. a. Contractor shall not be responsible for repair or replacement of non maintainable or non - moving parts of the system such as ductwork, shell and tubes, heat exchangers, unit cabinets, casings, refractory material, electrical wiring, water and pneumatic piping, structural supports, cooling tower fill, slats and basins, etc. unless such repair or replacement is necessitated by the wrongful acts or omissions of Contractor. b. Contractor shall not be responsible for repairs, replacements, or services necessitated by reason of negligence, abuse, misuse, improper or inadequate repairs or modifications, improper operation, lack of operator maintenance or skill by City. Contractor assumes no responsibility for service on equipment unless performed by Contractor's employees or persons authorized by Contractor. C. Repairs and replacement of equipment parts and components is limited -22- u 1 J is DRAFT to restoring proper working condition. Contractor shall not be obligated to provide replacement equipment that represents significant betterment or capital improvement unless such is necessary for restoring equipment to its proper working condition. Parts and components replaced at Contractor's expense become the property of Contractor. _ 15. Contractor Representative. Contractor will, at its sole cost and expense designate a person to be known as the Contractor Representative. The Contractor Representative will act as a single point of contact on behalf of Contractor with respect to all matters under this Agreement and will become familiar with the progress and quality of the completed Work. 16. Assistance to be Provided by the Citv. In order to assist Contractor in the performance of the Work and to encourage the efficient use of resources, the City will, at its sole cost and expense: a. Designate a person to be known as the City Representative. The City Representative will act as a single point of contact on behalf of the City with respect to all matters under this Agreement and will become familiar with the progress and quality of the completed Work b. Furnish Contractor with existing blueprints, surveys, legal descriptions of the site, and other information regarding the Facility as Contractor may reasonably request in order complete the Work and maintain the guarantee. These existing documents shall remain the property of City shall be returned to City when Contractor has completed its use of such documents. C. Promptly, and in any event within 15 business days, respond to samples or documents submitted by Contractor to the City for review and approval under this Agreement. CL Allow reasonable means of twenty-four (24) hour access to its Facility in order to accomplish the Work. e. Operate equipment according to the manufacturer's recommendations as directed by the Contractor. Contractor shall instruct the City in writing as to the proper use of such equipment before City begins operating the equipment. f. Notify Contractor in writing of any policies (e.g. safety) of the Facility which affects the Work. 17. Changes in Work a. Either party may request additions, deletions, modifications or other changes ( "Changes ") to the Work Requests for Changes will be processed pursuant to Standard Specification For Public Work Construction (Green Book, 1997 Edition, including 1998 Supplements) and shall not be unreasonably denied. Changes will be authorized only by a written agreement executed by both parties. -23- ,5 �J )J, DRAFT b. Contractor may with the City's written consent, which shall not unreasonable withheld, substitute alternative parts or equipment provided that the alternative parts and equipment perform the functions of and are of equal or better quality than the parts and equipment for which they are substituted. 18. Equipment Warranty a. Socific Warranties. All equipment installed under this Agreement shall carry the specified warranties: GE Lams Three (3) year parts and labor/worlananship warranty GE Ballasts Five (5) year parts/one year labor/worlananship warranty Occupancy/Motion Sensors One (1) year parts and labor/workmanship warranty Variable Frequency Drives MagneTek VFD's I Three (3) year parts and labor/worlananship warranty Mechanical All Carrier Air Conditioning Units One (1) year arts/one year labor/workmanship warranty VaCom Technolo 'es Heat Generation System I One (1) year parts/one year labor/worlananship warranty Direct Digital Control Automation All Landis & Staefa Manufactured Equipment One (1) Year Parts and labor /workmanshi warran "Plunge" Roof Replacement Ten (10) year "No Dollar Limit" (NDL) Warranty. New Ceiling Tiles One year parts and labor/workmanship warranty LED Traffic Signals One year parts and labor/workmanship warranty New Electrical Systems One year parts and labor/workmanship warranty -24- �C�J DRAFT All other Equipment All additional components and other equipment installed under this program and not specifically outlined in this section of the document will be covered under a one (1) year parts and labor /worlananship warranty -25- UQ' 5 ;_� DRAFT EXHIBIT E. SAVINGS CALCULATIONS A Schedules. The savings calculation methodology consists of Schedule 1: Energy & Operational Stipulated Savings Schedule 2: Calculation of Bill Comparison Savings Schedule 3: Base Year Utility Data Schedule 4: Operating Schedules and Conditions B. Calculation of Actual Annual Savings. Contractor will calculate Actual Annual Savings as the sum of the Measured & Verified Savings plus the Energy & Operational Stipulated Savings. The Measured & Verified Savings will be calculated according to the procedures detailed in the Calculation of Measured & Verified Savings. The Base Year Utility rates, Operating Schedules and Conditions are shown in the attached schedules. Schedule 1: C. Energy & Operational Stipulated Savings. Contractor will be reducing other operational costs to the City through the implementation of the facility and operational improvements. The Operational Savings and annual escalation per cent are stipulated below: Source (s) of Savings Annual Energy & Operational Stipulated Savings Annual Escalation Percent Lighting Lamp and Ballast Replacements $1,700 3% HVAC Repair Costs $23,153 3% "Plunge" Roof Replacement $8,400 3% Ceiling Tile Replacement $7,900 3% Schedule 2: Calculation of Bill Comparison Savings & Verified Savings Schedule 3: Base Year Utility Data Please refer to Exhibit B. Schedule 4: Operating Schedules and Conditions Please Refer to Exhibit `B" -26- t;QJJ ►.} DRAFT where: AB = adjusted baseline d = days in current month nC = daily consumption from baseline data as determined from Faser analysis Ko = occupancy /schedule adjustment factor (e.g. current operating hours/agreed upon operating hours, Schedule E) Ka = space utilization adjustment factor (current conditioned square footage/baseline conditioned square footage) Ca = calculated adjustments (e.g. added load from the Equipment) The Adjusted Baseline for each month of the Annual Savings Period covering each energy type and each meter for kW demand adjustments will be calculated as follows: kWa = kWb x Ka + Ca where: where: where: kWa = adjusted demand kWb = demand from baseline period Ca = calculated adjustments (e.g. added Measures load) Monthly energy savings will be calculated as follows: S = AB - AU and kWs = kWa - kWU S = monthly unit energy savings AB = Adjusted Baseline AU = post retrofit monthly energy usage kWa = adjusted demand kWs = kW demand savings k)W = post retrofit kW demand usage The energy costs avoided will be calculated as follows: CS = Sxuc +kWsxuc +Os -28- uQ %iJ +,, CS = monetary savings S = monthly energy savings uc = the greater of the floor price of energy (as defined above) and the current costs, calculated as follows: (1) For energy sources the cost of which decreases with increasing usage, the marginal unit cost from the month's bill. For electricity, this marginal cost shall be determined for energy (starting with the amount paid for the last kilowatt-hour purchased including fuel adjustment cost) and demand (amount paid for the last kilowatt purchased) including, if applicable, the effect of demand on the energy cost. (2) For energy sources the cost of which does not decrease with increasing usage, the average unit cost of all deliveries received during the month. Os = other related savings attributable to the conservation program. The City will retain any and all benefits realized from rebates, grants and similar payments and discounts resulting from the Work. If the Work results in a change of energy source (e.g. conversion from electric to gas heat), or where the level of usage changes enough to affect the marginal cost, or where utilities have changed rate structures, LGP shall modify the calculations procedure to appropriately adjust for the change. -29- v�05.. v EL SEGUNDO CITY COUNCIL AGENDA ITEM STATEMENT AGENDA DESCRIPTION: MEETING DATE: August 4. 1998 AGENDA HEADING: Unfinished Business - Staff Staff recommendation to provide staffing to fill the function of centralized procurement within the Finance Department in the amount estimated at $28,544 for the 1998 -99 Budget. (Annual fiscal impact of $106,140 which is expected to be offset by cost savings and reduced use of legal services.) RECOMMENDED COUNCIL ACTION: City Council direct the Human Resources Department to implement the class specification and retain the position of Purchasing Agent within the Finance Department in the Business Services Division. This action will result in an increase in one person in the Finance Department and result in a budget impact of $28,544 for the 1998 -99 fiscal year which will end on September 30, 1999. Adopt Resolution. INTRODUCTION AND BACKGROUND: In August of 1994 the purchasing position was eliminated in a citywide staff reduction. At that time, the purchasing function was decentralized, relying on departmental staff to initiate all purchasing requests and monitor contract expirations, renewals, and compliance with terms and conditions. The Finance Department and specifically the accounting staff assumed support duties to assist departments in processing bids, contracts, and awards. An analysis of the current system exposes critical weaknesses in purchasing procedures within the departments, such as: best product/vendor prices, including discounts, deliveries, availability of goods, specifications, demonstrations, and the quality of different materials. A centralized purchasing operation should improve and insure these aforementioned issues, as well as demand the expeditious delivery of goods, the analyzation of bids received, comparisons of specifications and prices, review market trends, make value analysis, and maintain vendor catalogs and material specification prior to recommending an award. This retention of the proposed Purchasing Agent would be involved in all of the above duties as well as these additional assignments: ♦ Centralized procurement where economies of scale are appropriate for all departments (office supplies, uniforms, furniture, computer equipment and supplies, pagers, communications, copier and fax lease agreements, and major capital outlays). ♦ Assist in evaluating a form management system to take care of the City's printing needs due to the elimination of the City print shop. This is an area that needs attention to reduce additional costs the departments have incurred due to their lack of expertise in purchasing forms in the proper quantities to allow for savings. ♦ Maintain expertise concerning Joint Power Authorities and other consortiums, piggybackable State, County, or other Municipal bids that offer value in local government procurements. ♦ A quality control review to assure that uniform purchasing procedures are being adhered to, and to maintain and update those procedures. The Municipal Code needs to be updated for bid limits, and all policies and procedures need to be rewritten to current industry standards. ♦ Emergency preparedness to improve the City's readiness should a catastrophe occur. This would include the necessary requirements for developing an emergency purchase order system with vendors to identify in advance the City's needs during earthquakes, floods, civil unrest, etc. This will help maximize potential FEMA reimbursement through effective documentation. ♦ Intervene where appropriate to assure vendor compliance and assist in the review of contracts for any oversight. Expedite proper notice to remedy problems or terminate contracts where appropriate. CM -I -1 �0 5 ;i ♦ Revise current purchasing polices and procedures to ensure more effective purchasing. Needs to increase formal bid threshold and departmental purchase order amounts. Train City staff with the new purchasing module procedures and develop proper authorization levels within the organization. DISCUSSION: In conclusion, I believe that the approval and implementation of a centralized procurement function would not only improve the citywide operation but based upon the economy and scale should defer much of the expense of the position. To fund this position of Purchasing Agent we have calculated twelve months at E Step $84,912 and three months at $21,228. The total fifteen -month expenditure in the 1998 -99 budget of $106,140 (salary and benefits). It is anticipated that the $40,000 that was authorized in the budget to study the procurement process as well as the savings from a part-time Office Specialist in the City Clerk's office for fifteen -month period would total $56,368. This cost savings applied to $106,140 would require an additional amount to be funded by the Council of $49,772 for the fifteen month period. However, it would be our recommendation to fund only $28,544 since it would take approximately three months to recruit and retain this individual. ATTACHED SUPPORTING DOCUMENTS: Classification specifications Salary/Benefit Calculation FISCAL IMPACT: (Check one) Operating Budget: x Capital Improv. Budget: Amount Requested: $28.544 Project/Account Budget: $ Project/Account Balance: Date: Account Number: 001 - 400 - 2504 -4XXX Project Phase: Appropriation Required - Yes X No_ ORIGINATED & REVIEWED BY: Date: C '1 //�� Eunice Kramer, Finance Director July 28, 1998 CM -I -2 '0n v Date Adopted: CITY OF EL SEGUNDO PURCHASING AGENT DEFINITION Under the supervision of the Business Services Manager, plans, organizes, and directs the purchase of material, equipment, supplies, and services; performs related duties as required. CLASS CHARACTERISTICS The Purchasing Agent class is a single position classification which directs the activity of purchasing a variety of materials, equipment and services in a timely and cost effective manner for the City. The Purchasing Agent reports to the Business Services Manager and assists in supervising assigned clerical and/or technical staff. EXAMPLES OF DUTIES Duties may include, but are not limited to, the following: 1. Plans, organizes, and directs purchasing activities; administers applicable contracts; controls purchase orders and related documents for completeness, accuracy, and compliance with purchasing and budgetary policies and procedures; ensures effective inventory control and issuance of equipment and supplies. 2. Develops and implements formal and informal bidding policies; develops bid documents and specifications for supplies, materials, equipment, and services; evaluates bids against specifications and recommends or awards contracts or purchases in accordance with City code, laws and established policy. 3. Interviews and negotiates with vendor representatives concerning the availability, price, and terms of purchase of supplies and equipment; provides liaison between vendors and City departments as related to purchasing activities. 4. Directs the transfer of City equipment and disposition of surplus property; maintains fixed asset and inventory records. 5. Advises, and otherwise provides assistance to other City staff regarding purchasing activity; assists in developing departmental budgets for supplies and equipment on request; prepares and presents reports evaluating requirements for goods and services in relation to bid specifications; recommends action on City contracts and agreements. 6. Develops and implements purchasing, and stores goals, objectives, policies, and procedures; maintains documentation of City purchasing procedures; prepares the purchasing and central stores budget requests. 7. Supervises assigned staff. 8. Prepares change orders, council agenda items, and other documents concerning purchasing matters. 9. Develops and implements procurement/purchasing unit for the City's Emergency Team in the event of a disaster. 10. Performs other related duties as required. CM —I -3 PURCHASING AGENT Page 2 QUALIFICATIONS GUIDELINES Education and /or Experience Any combination of education and/or experience that has provided the knowledge, skills, and abilities necessary for satisfactory job performance. Example combinations include graduation from an accredited four year college or university with major course work in public or business administration, or related field; four years of professional purchasing experience supplemented by one year of related supervisory experience. Knowledge. Shills, and Abilities Thorough knowledge of the principles and practices of purchasing and inventory control for a government agency, record keeping methods related to the purchasing function. Considerable knowledge of laws and regulations applicable to municipal bidding procedures and purchasing operations; sources and types of equipment and supplies used by a municipality, methods and techniques of supervision. Ability to perform and/or direct purchasing , centralized stores, and inventory control; prepare and present reports; interpret and apply related codes, laws and policies; meet the public in situations requiring diplomacy and tact communicate effectively both orally and in writing; establish and maintain cooperative working relationships; supervise assigned staff; and negotiating skills to arrange terms and conditions, prices and scheduling. Special Requirements Possession of or ability to obtain a Class C California driver's license, and a satisfactory driving record. Possession of Certified Professional Public Buyer (CPPB.); OR Certified Public Purchasing Officer (C.P.P.O.); OR Certified Purchasing Manager (C.P.M.) HRD:md98rev CM —I -4 �GOG�' PURCHASING AGENT 24- Jul -98 12 MOS @ "E" STEP 84,912 3 MOS @ "E" STEP 21,228 15 MONTH TOTAL 106,140 PROCUREMENT STUDY 40,000 P/T OFFICE SPEC. 1 -12 MOS 13,031 P/T OFFICE SPEC. 1 -3 MOS 3,337 ADDITIONAL AMOUNT NEEDED FOR 15 MOS. 49,772 ADDITIONAL AMOUNT NEEDED. FOR 12 MOS. 28,544 CM -I -5 �0 6� RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, ESTABLISHING A SALARY RANGE FOR THE JOB CLASSIFICATION OF PURCHASING AGENT. THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That the City Council approves the establishment of the following monthly salary range for the job classification of Purchasing Agent (Supervisory and Professional Employees Association Bargaining Unit): Step A Step B Step C Step D Step E $4178.92 $4387.86 $4607.25 $4837.62 $5079.50 SECTION 2. The City Clerk shall certify to the passage and adoption of this resolution; shall enter the same in the book of original resolutions of said city; and shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council of said City, in the minutes of the meeting at which the same is passed and adopted. PASSED, APPROVED AND ADOPTED this 4`h day of August, 1998. Mike Gordon, Mayor ATTEST: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO I, Cindy Mortesen, City Clerk of the City of El Segundo, California, do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing Resolution No. was duly passed and adopted by said City Council, approved and signed by the Mayor of said City, and attested to by the City Clerk of said City, all at a regular meeting of said Council held on the 4`h day of August, 1998, and the same was so passed and adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: Cindy Mortesen, City Clerk APPROVED AS TO FORM: Mark D. ensley, CieAttottY� J J CM -z -G EL SEGUNDO CITY COUNCIL MEETING DATE: August 4. 1998 AGENDA ITEM STATEMENT AGENDA HEADING: Unfinished Business - Staff AGENDA DESCRIPTION: Staff recommends that City Council modify their previous 1998 -99 budget action which authorized an increase of one position within the City Clerk's office and adjust the overall staff level by a net reduction of one part -time (.5) position for a cost savings of $16,368 during the next fiscal year. RECOMMENDED COUNCIL ACTION: Modify, approve, and authorize Human Resources to retain the services of one full -time Office Specialist assigned to the City Clerk's Office for the primary purpose of contract management. INTRODUCTION AND BACKGROUND: The issue of the management of City contracts has historically been one of consternation with City Council, staff, and the general public. Operationally the City Clerk and the Finance Department have tried to manage contracts on a functional basis but the issue of coordination and dissemination of critical information has been lacking. If this situation continues to exist wherein contract administration is maintained on an as- needed basis and that the departments only become involved functionally as to their own specific areas of responsibility we will continue to encounter a lack of uniformity of contracts, documents, and policies. This lack of coordination and accountability eventually results in additional legal fees when the City Attorney is required to review and mitigate conflicts. DISCUSSION: It is recommended that the City Council reaffirm their action in the 1998 -99 budget and direct the Human Resources Department to retain the services of an Office Specialist based in the City Clerk's office to be primarily responsible for developing a program of contract management throughout the City. The program should be based on a foundation of uniformity which includes policy, contracts, and documents that support the RFP and Public Works process, insurance and bond compliance. This system should provide tracking of each and every contract to determine its status and compliance with our rules and regulations. In closing, it would appear that if the contract management function is administered in a timely and efficient manner it will reduce significantly the amount of time that the City Attorney currently spends on contract review and contract uniformity thereby resulting in a savings to the City. ATTACHED SUPPORTING DOCUMENTS: Memorandum from City Clerk Cindy Mortesen to the City Council dated June 8, 1998 Agenda description dated July 21, 1998 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_ ORIG ATED & REVIEWED BY: Date: indy Mort se City CI k July 28, 1998 mond, City Manag r July 28, 1998 CM -II -1 tJ G I CITY CLERK'S DEPARTMENT INTEROFFICE MEMO DATE: July 21, 1998 TO: Tim GrinlMond, Interim City Manager FROM: Cindy Mortesen, City Clerk SUBJECT: Contracts Administration As you are aware, an additional full -tinge position in the City Clerk's Department was approved in the FY1998 -99 Municipal Budget. Among other duties, this position will be responsible for administration of City contracts and insurances. This is the first phase in the Department's move towards computerized records management and Staff envisions the preliminary responsibilities of the position to encompass computer input of all City Council approved contracts, as well as Departmental contracts; ensuring that required insurances and business licenses are current; alerting departments of future expirations of contracts; and working with Finance/ Business License Department to ensure payments are withheld until all City requirements are met. Preliminary setup steps have been taken to accomplish the above. Staff is currently working with the City's computer consultants to convert existing logs into a data -base which will allow the generation of reports to all departments. When in place, this tool will alert each department of upcoming expirations affording staff adequate tinge to prepare contract extensions, if necessary, for Council consideration. Due to current staffing levels, contract administration is being Maintained on an as needed basis, as time allows. Staff is already overtaxed with regular daily duties, and does not have enough available time to prepare the many documents for scanning. Staff currently updates logs for computerized research, but preparation for importation into a data -base is labor intensified and the Department is not adequately staffed to accomplish this preparation work. Just like the time old adage "speiui nloiicy to stive timiey ", "time must be spent to save time ". Should we be unable to begin the records management program in the near future, steps must still be taken to prepare the records and documents for computerization. Unfortunately during a recent audit of contract files, it was found that several are missing and an inordinate amount of time is being spent in their recreation. VJvi1 CM -11 -2 Even though a records management program has not yet been approved for City Hall, Staff anticipates the next phase in computerized records management to be the scanning of all City Council minutes from incorporation in 1917 through 1990. This process consists of scanning each set of minutes onto the computer, storing each file into software such as O►rinipage, converting the files into Word, and finally an operator reading each set of minutes to ensure accuracy. This process again is very labor intensive, but ultimately we anticipate an immeasurable benefit to the City. Since April, 1998, the City Clerk's department has maintained a log of requests for information which have been processed by the Department. These requests have been generated by the following four groups: Staff, public officials, residents, and others. These requests, and the time expended in fulfilling them, are as follows: Staff 98.70 hours Public Officials 3.83 hours Residents 9.58 hours Others 3.75 hours As can be seen above, most of this Department's research time is expended assisting other departments such as legal research for Human Resources /City Manager /City Attorney /Finance /Economic Development in potential lawsuits; assisting police department in their location of information regarding the existing and proposed communications center; and assisting all departments in researching contracts / insurances /resolutions /ordinances. With the input of all minutes into a search acceptable format research time will be greatly reduced ultimately providing much speedier service to the requestor. It is anticipated that this phase will be followed by the scanning of all resolutions and ordinances. This process will be similar to the process outlined above, and will enhance the Department's research capability. Again, the benefits to all departments are immeasurable. For Four information, Staff conducted a very brief survey of sixteen mostly local cities, and found that in all sixteen cities, the City Clerk's Department is responsible for records management, including contract administration. /sf 60��0 CM -11 -3 (5)_ CITY CLERK'S DEPARTMENT INTEROFFICE MEMO DATE: June 8, 1998 TO: Mayor and Councilinembers FROM: Cindy Mortesen, City 1 SUBJECT: FY1998 -99 Municipa Budget Further to my Memorandum dated May 28, 1998, regarding requested budgetary increases for the City Clerk's Department for FY1998 -99, 1 would respectfully request Council's consideration of the following proposed staffing increases: Current Staffing 1 part -time elected City Clerk 1 full -time appointed Deputy City Clerk 1 part -time Office Specialist Proposed Staffing 1 part -time elected City Clerk 1 full -time appointed Deputy City Clerk 1 part -time Office Specialist 1 full -time Office Specialist Since the City Clerk's Department has been charged with expanded duties in the areas of contract and insurance management, this additional full -time position is essential to monitor the contract management program. Since the City Clerk's Department is the receiver of all City contracts, the perceived benefits to the City would be closer monitoring of all city contracts for compliance in such areas as current business licensing, as well as required insurance coverage. Contract Management is merely the first stage in the City's move towards electronic records management. In the near future, the City Clerk's Department looks forward to electronically scanning all minutes, as well as resolutions and ordinances, which will, eventually, allow City residents an opportunity to research City records via the Internet. We anticipate this process to be very lengthy and labor intensive; however, we feel the results in service to the community will be well worth the effort and additional expenditure. Should you have any questions regarding the above, please don't hesitate to contact me at ext. 218. i0 )G CM -II -4 EL SEGUNDO CITY COUNCIL MEETING DATE: August 4, 1998 AGENDA ITEM STATEMENT AGENDA HEADING: COMMITTEES, COMMISSIONS & BOARDS AGENDA DESCRIPTION: Appointments made by the City Council on Tuesday, August 4, 1998 to Committees, Commissions and Boards. RECOMMENDED COUNCIL ACTION: Announce the appointments and respective terms of office, to Committees, Commissions and Boards. Committee: Planning Commission Community Cable Advisory Committee BRIEF SUMMARY: A nointee: ATTACHED SUPPORTING DOCUMENTS: N/A FISCAL IMPACT: N/A URIULNATED: ulia Abreu Mason, Council Assistant Term Expires: 4 yr term - exp. 06/30/02 existing 4 yr. term exp. 10/31/02 Date: July 29, 1998 REVIEWED tiY: Date: July 29,1998 UO�!�)n joa: \n: \ccb \appoint.agd EL SEGUNDO CITY COUNCIL MEETING DATE: August 4, 1998 AGENDA ITEM STATEMENT AGENDA HEADING: Boards and Commissions AGENDA DESCRIPTION: Revised budget and operational format for the Lakes at El Segundo Restaurant. RECOMMENDED COUNCIL ACTION: Approve revised budget and operational format for the Lakes at EI Segundo Restaurant. INTRODUCTION AND BACKGROUND: During this year's budget process the City Council took action to change the golf course restaurant from full service to a counter service format. As part of this action, council asked the Recreation and Parks Commission to work with Family Golf to propose details of a new operating format and budget. DISCUSSION: The city's management company for the Lakes brought a proposal to the Recreation and Parks Commission at their July 15th meeting outlining how the counter service format would be implemented. The commission, after providing input, called a special meeting for July 20 th to be dedicated solely to the specifics of the new restaurant operational format. In summary, the commission voted unanimously that the restaurant be operated in the following manner: Patrons would place and pay for their order at the counter; they would be given a number. Orders would be delivered directly to the patrons table. Special meetings and large parties using the Lakes will be handled by using specific caterers that have been approved by Family Golf, Inc. The menu will be basic grill service, hamburgers, hot dogs, sandwiches, salads, as well as appetizers. Along with these changes, a revised budget was approved and a target date of August 10th was set for the change over to take place. Attached is the complete counter service proposal and revised budget for council approval. ATTACHED SUPPORTING DOCUMENTS: The Lakes at El Segundo Food & Beverage "Counter Service " Proposal. 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 FNA ED: Date: July 23, 1998 ` Caverty� Chairma�ecr n anAdRarks Commission BY: ACTION-TAKEN: 980804res.gc 7 -23 -98 9:30a.m. Date: Lakes pg 1 , 0 (� n J The Lakes at El Segundo Food & Beverage "Counter Service" Proposal Patrons will enter the dining room and place their order at the main counter, paying for the order and receiving any drinks ordered at that time. They will then proceed to any table -- inside or outside -- to await their order. Patrons will be provided a small, numbered table tent to place on their table. As soon as the order is prepared and ready, it will be delivered to them by the expediter (busboy) or counter person, depending on how busy it is at that moment. Upon finishing their meal, the patron no longer has to wait for the check and change process. They simply depart, and staff clears the table and prepares it for the next patron. Monday, Tuesday, and Wednesday Grill Hours Thursday and Friday Saturday and Sunday Grill Hours Grill Hours 9:00 AM - 7:00 PM 11:00 AM - 3:00 PM 7:00 AM - 8:00 PM 7:00 AM -- 3:00 PM 7:00 AM - 7:00 PM 7:00 AM - 3:00 PM Proposal regarding the catering events that occur at The Lakes, is to have an outside catering company handle the larger (over 20), after business hours, events. The Lakes would continue to handle those functions, that are not labor intensive, occurring during the normal business hours of the restaurant. For those "outside" events, The Lakes would receive a banquet room rental fee of $150, with the additional areas (dining room and patio) being negotiated depending on the overall size of the function. The Lakes will also receive all Beer & Wine Revenues for all events. The catering company handling the outside events will provide all service labor, clean up labor, linen, and florals. The Lakes will provide the facility, dishes, flatware, and glasses for 150 settings. There will be a few items that will be jointly used by both parties (i.e. - the larger BBQ, and some chafing dishes). Lakes pg 2 Food & Beverage "Counter Service" Proposal Page 2 Items on the menu will be fairly basic. There will be a hamburger, a hot dog, cold meat sandwiches, a chicken breast sandwich, and a couple of salads. Appetizers will also be available to order. A daily special will continue to be offered, and advertised on a large "specials board" prominently displayed near the order counter. Providing that contractors can be scheduled timely, the proposed starting date for this program is Monday, August 10, 1998. Lakes pg 3 Lakes pg 4 .0 �� 00p0p c $vr°'io o Ch Lo •> d0 Of N 1 M CO r N N CL CN r c o > v�� vv vvvv ... y „rte v 0 Q CL a 0 0 0 .LO U) $ 0 d y O O O O cq O to 01 N ti ti h co 1 '� tf N r O r In N r 0 1n 0 N r N N r Q! 00 Q7 O 01 Qf d1 Ol O I� m m o0 O N O r r r <D r Go r 0 p N O c " ) Q r O O p S O O 0 0 0 O R 00 Cl I n ti � to N O O) ti cV r C7 0 c0 N N 10 N t�D O r ti O O r F- O m W d W m w W v o °0' '+ w o `o g m c o c d A a g'0. c o a c my a c u� L. m a w 2 O j N c 0 W U' U, O � 2 O O > ~> i A N U O c> c0 c0 CL RS L) .ii O O W �wm° a O aaa3� cC ��m mcn d�f- z �4 uLLmu�� Lakes pg 4 .0 �� CITY OF EL SEGUNDO CAPITAL ROUIPMENT JUSTIFICATION REQUEST FORM Department / Division: Recreation and Parks / F & B Account Number: 503- 400 -5306 -8104 Item Requested: Quantity: Unit Price: Proposed Make: Relocate existing refrigeration unit One $3,000.00 Budget Year: 1998/99 Description and Specifications: Relocate existing unit, power source, and drainage line. Create new power source for new unit to be installed. Equipment Cost: $3,000.00 Other Costs: Installation/Transportation: Allowance for Inflation: Sales Tag: Total Cost: $3,000.00 Source of Quoted Price: L & M Homecrafters Date of Quotation: April 1998 Purpose of Equipment: Equipment to be Used By: Justification of Need: Submitted By: Title: Food & Beverage Counter Personnel To create room under the existing food counter for new refrigeration unit, and create greater efficiency of movement for personnel. Larry Griebenow General Manager Lazes pg n CITY OF EL SEGUNDO CAPITAL EQUIPMENT JUSTIFICATION REQUEST FORM Department / Division: Recreation and Parks / F & B Account Number: 503- 400 -5306 -8104 Item Requested: Quantity: Unit Price: Proposed Make: Description and Specifications: New under counter refrigeration unit One $7,000.00 Budget Year: 1998/99 New under counter refrigeration unit with 2 -3 tap dispensing tower. Equipment Cost: Other Costs: Installation/Transportation: Allowance for Inflation: Sales Tax: Total Cost: Source of Quoted Price: S.E. Rykoff; Sysco Food Service Date of Quotation: April 1998 Purpose of Equipment: To chill and dispense tap beer efficiently. $7,000.00 $7,000.00 Equipment to be Used By: Food & Beverage Counter Personnel Justification of Need: To initiate the proposed counter service program, personnel must be able to dispense all refreshments from one counter area. This will create more efficient movement of counter personnel. Submitted By: Larry Griebenow Title: General Manager U01) 1 6 Lakes pg 6 14112 INN 'I I I FAA+? W cp � N O� N N w �r1yO� �ppO M O 00 V VI � � a°owo I• N hl N A Ol b N A N I i I I I N O I N 1I A I C V V C'' O'1' ZA M 30 zs ZI O z M O � C , m a .. • r or ra 7 M O r M al 73 z 0 -C 0 •%ZX aV.I V O, O%M W� - -• —p C Z 0O CZ. 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N O d ro ZI o� M M MI A MI M M N -4 C M PN M #NI.M0: NN0„ Z COD rp--OI UI-00; 10.► Obi M a IO O li .D COI P d'. � °d •1' O -1 o N Oo -4 . -I l N wl 14 W '0; 0` W N! 0 o N', N 01 -J, -- o�vy,•� o' NOOfoOO�NOOO',W •J RY P O of UI o —i ' 1 1 M N jW 1 I 1 0 l� I a IN I'I 0 D m O T D T '9 z O D r D C n °as o g mm 0 - - N � �o o Co � o w o N CITY OF EL SEGUNDO PAYMENTS BY WIRE TRANSFER 07/15/98 THROUGH 07/28/98 Date Payee Amount Description 07/15 Healthcomp 1,035.99 Weekly eligible claims week ending 07/14/98 07/15 US Bank Trust 352,960.38 ABAG Lease Payments 07/22 Healthcomp 3,338.35 Weekly eligible claims week ending 07/21/98 07/27 IRS 164,591.90 Federal Payroll Taxes P/R #2 07/27 Emp. Dev. Dept 30,707.41 State Payroll Taxes P/R #2 552 .0 DATE OF RATIFICATION: 08/04/98 TOTAL PAYMENTS BY WIRE: Certified as to the accuracy of the wire transfers by City Treasurer Finance Director City Manager Date s Date L—) -7 ,V Date 71 715Y Information on actual expenditures is available in the City Treasurer's Office of the City of El Segundo. 552,634.03 �0 ;)7f MINUTES OF THE ADJOURNED REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL Tuesday, July 21, 1998 - 5:00 P.M. CALL TO ORDER Mayor Gordon at 5:00 P.M. PLEDGE OF ALLEGIANCE - Mayor Pro Tern Sandra Jacobs. ROLL CALL Mayor Gordon Mayor ProTem Jacobs Councilmember Wernick Councilmember Gaines Councilmember McDowell - Present - Present - Present - Present - Present PUBLIC COMMUNICATIONS - (Related to Cily 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. NONE CLOSED SESSION: The City Council moved into a closed session pursuant to applicable law, including the Brown Act (Government Code §54950, et sQ.) 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)) - In the Matter of the Application of City of Los Angeles, OAH No. L- 9604014 Hill v. City of El Segundo, LASC Case No. YC 030986 Hughes v. City of El Segundo, LASC Case No. BC 185210 Senior v. City of El Segundo, WCAB Unassigned Mosleh & Greffon v. City of El Segundo, LASC Case No. YC 025903 Fenwick v. Civil Service Commission and City of El Segundo, 2 Civil B121282 and Los Angeles No. BSO44667. El Segundo v. Kilroy, LASC Case No. YC 031166 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Gov't Code §54956.9(b): -2- potential case (no further public statement is required at this time); Initiation of litigation pursuant to Gov't Code §54956.9(c): -6- matters. DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957) - Status of City Manager recruitment. CONFERENCE WITH CITY'S LABOR NEGOTIATOR - (Gov't Code §54957.6) - Meet with negotiator for the General Employees Association (El Segundo City Employees Association). Minutes City Council Adjourned Meeting July 21, 1998 — 5:00 p.m. tJt70 1 CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8) - None. REPORT OF ACTION TAKEN IN CLOSED SESSION (if required) 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. ADJOURNMENT at 6:55 P.M. Cindy Mortesen, City Clerk Minutes City Council Adjourned Meeting July 21, 1998 — 5:00 p.m. u 0 - /� > "l 61 MINUTES OF THE REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, JULY 21,1998 - 7:00 P.M. CALL TO ORDER Mayor Gordon at 7:00 P.M. INVOCATION - Rev. Julie Elkins, United Methodist Church of El Segundo PLEDGE OF ALLEGIANCE - Mayor Pro Tern Sandra Jacobs PRESENTATIONS 1. Councilmembers McDowell and Wernick presented a Proclamation to the Major (District 10) and Minor Bobby Sox (District 9) Champions, who will be moving on to the next level. 2. Acceptance of resignation of Susan Cooper as City Treasurer and appointment of William Bue as City Treasurer to fill the vacancy until the next election in April, 2000 Council accepted the resignation of Ms. Cooper, as elected City Treasurer, and presented her with a plaque in appreciation of her years of service. Clerk Mortesen administered the Oath of office to Mr. William Bue, and presented him with a certificate of appointment. ROLL CALL Mayor Gordon Mayor ProTem Jacobs Councilmember Wernick Councilmember Gaines Councilmember McDowell - Present - Present - Present - Present - 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 Council Mark Dean, ASNAC, requested that Council investigate the feasibility of banning the use of leaf blowers. Minutes City Council Regular Meeting July 21, 1998 — 7:00 p.m. 2 4. A. B. Liz Garnholz, resident, addressed Mayor Gordon's comments; requested that she be afforded an opportunity to speak on any item; addressed the LAX expansion; and the Morongo Indians. Jane Friedkin, resident, expressed concern regarding the bid process for the study of a well, which was awarded to RBF; the Hyperion mitigation monitor; moving members between committees; and telephone interviews. Frank Wong, resident, requested the status of the FAA's response to questions submitted to them. Mayor Gordon responded that the City has a partial response, but is awaiting a complete response. Mr. Wong referred to a newspaper article supporting the LAX expansion; displayed a sign opposing the expansion; and spoke regarding an organization called CBE. PROCEDURAL MOTIONS Consideration of a motion to read all ordinances and resolutions on this Agenda by title only. MOVED by Councilmember Wernick SECONDED by Mayor ProTem Jacobs to read all ordinances and resolutions on this Agenda by title only. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0. SPECIAL ORDERS OF BUSINESS - Public Hearing on Environmental Assessment EA -439 and Subdivision Extension 98 -2 for a one (1) year extension to a previously approved Vesting Tentative Tract Map for a 28 -unit condominium project to be constructed at 1415 East Grand Avenue. Applicant: Jim Kizirian. Mayor Gordon stated this is the time and place hereto fixed for a public hearing on Environmental Assessment EA -439 and Subdivision Extension 98 -2 for a one (1) year extension to a previously approved Vesting Tentative Tract Map for a 28 -unit condominium project to be constructed at 1415 East Grand Avenue. Applicant: Jim Kizirian. He asked if proper noticing was done and if any written communications had been received. Clerk Mortesen stated that proper noticing was done by the Planning and Building Safety Department, and no written communications had been received. Laurie Jester, Senior Planner made a brief staff report. Elizabeth Srour, representing the applicant, stated she was available to answer any questions. MOVED by Mayor ProTem Jacobs SECONDED by Councilmember Wernick to close the public hearing. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0. City Attorney Mark Hensley read the following: Minutes City Council Regular Meeting July 21, 1998 — 7:00 p.m. 00` -)S2 RESOLUTION NO. 4077 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, APPROVING A ONE (1) YEAR EXTENSION TO VESTING TENTATIVE TRACT MAP NO. 51109 (SUBDIVSION 98 -2) FOR PROPERTY AT 1415 EAST GRAND AVENUE AND CERTIFICATION OF A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACTS FOR ENVIRONMENTAL ASSESSMENT EA -439, PETITIONED BY JIM KIZIRIAN MOVED by Councilmember McDowell SECONDED by Councilmember Wernick to approve Resolution No. 4077 on Environmental Assessment EA -439 and Subdivision 98 -2 for a one (1) year extension to a previously approved Vesting Tentative Tract Map for a 28 -unit condominium project to be constructed at 1415 East Grand Avenue. MOTION PASSED BY THE FOLLOWING VOICE VOTE. AYES: MAYOR GORDON, MAYOR PROTEM JACOBS, COUNCILMEMBERS MCDOWELL, AND WERNICK. NOES: COUNCILMEMBER GAINES. 4/1. C. UNFINISHED BUSINESS - Additional discussion concerning purchase of trash cans for placement on Main Street. Jack Hilton, General Services Manager gave a brief staff report. MOVED by Councilmember Gaines SECONDED by Mayor ProTem Jacobs to Purchase 30 new 42 gallon (31 gallon interior) cans and relocate the old, still usable cans to other locations throughout the City. MOTION PASSED BY THE FOLLOWING VOICE VOTE. AYES: MAYOR GORDON, MAYOR PROTEM JACOBS, COUNCILMEMBERS MCDOWELL, AND GAINES. NOES: COUNCILMEMEBER WERNICK 4/1. D. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS - Schedule interviews of candidates for Planning Commission and Community Cable Advisory Committee ( "CCB's "), with filing deadline set for 48 hours prior to interviews. It was the consensus of the Council to set Tuesday, August 4, 1998 at 6:30 p.m. for the interviewing Planning Commission and Community Cable Advisory Committee candidates. Minutes City Council Regular Meeting July 21, 1998 — 7:00 p.m. 60 6 J U.;) 2. Appoint a Senior Task Force to develop recommendations for Council consideration on ways to assist El Segundo seniors. It was the consensus of the Council to appoint Mayor Gordon and Councilmember Wernick to work with a ten person task force formed by recommendations and volunteers from the community for a sixty day period, to develop recommendations on assisting El Segundo seniors. 3. Appoint a Business Task Force to study audit procedures for the City's collection of business related taxes. It was the consensus of the Council to appoint Mayor Pro Tern Jacobs and Councilmember Gaines to work with the Finance Director and members of the business community on a ten member task force to serve for a period of sixty days developing a policy on audit procedures for the City. E. CONSENT AGENDA All items listed are to be adopted by one motion without discussion and passed unanimously. If a call for discussion of an item is made, the item(s) will be considered individually under the next heading of business. 1. Warrant Numbers 248635- 248869 on Demand Register Summary Number 29 in total amount of $1,426,357.03, Warrant Numbers 248873 - 249071 on Demand Register Summary Number 01 in total amount of $511,427.50, and Wire Transfers in the amount of $947,012.44. 2. PULLED FOR DISCUSSION BY MAYOR GORDON. 3. Acceptance off the re- roofing of various City buildings (PW 97 -16). Final contract amount = $71,732.00. Close Contract No. 2553. 4. PULLED FOR DISCUSSION BY COUNCILMEMBER. Award Contract No. 2613 to John T. Malloy, Inc., for the 1997 -98 replacement of water mains - Project No. PW 97 -15 (contract amount $267,072.90). 6. Request for approval to submit an application for a Bureau of Justice Assistance Local Law Enforcement Block Grant requesting $18,640 in grant funding with a $1,864 cash match from Asset Forfeiture funds. 7 PULLED FOR DISCUSSION BY COUNCILMEMBER. MOVED by Councilmember Wernick, SECONDED by Councilmember McDowell to approve consent agenda items 1, 3, 5, and 6. MOTION PASSED BY UNANANIMOUS VOICE VOTE. 5/0. 4 Minutes City Council Regular Meeting July 21, 1998 — 7:00 p.m. i)O'I'i8 F CALL ITEMS FROM CONSENT AGENDA 2. City Council meeting minutes of June 30, July 7 and July 9, 1998. MOVED by Mayor Gordon SECONDED by Councilmember Gaines, to amend the 7:00 p.m., July 7, 1998 minutes, agenda item no. D -2, page 4, regarding Park Vista, to add the following to Council's motion: .... d) request that Council guarantee that funds will be made available to Park Vista for major repairs, in the event funds are not available in Park Vista reserve account, THE GUARANTEE OF AN ADDITIONAL $300,000, IF NECESSARY. Also, allow the Public Works Department to coordinate the letting of bids, without the need to return for further Council approval. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0. MOVED by Councilmember Wernick SECONDED by Councilmember McDowell to approve the Council meeting minutes of June 30 and July 9; and July 7, 1998, as amended. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0. 4. Acceptance of the project to install safety deck surfacing in the City Plunge - Project No. PW 97 -23. (Final contract amount = $21,785.00). Close Contract No. 2597A. MOVED by Councilmember Wernick SECONDED by Mayor ProTem Jacobs to accept the project to install safety deck surfacing in the City Plunge - Project No. PW 97 -23. (Final contract amount = $21,785.00). Close Contract No. 2597A. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0. 7 Adopt Resolution No. 4078, approving the destruction of identified records in accordance with the provisions of Section 34090 of the Government Code of the State of California. The City Attorney has consented to the list for records destruction. MOVED by Councilmember Wernick SECONDED by Mayor ProTem Jacobs to adopt Resolution No. 4078, approving the destruction of identified records in accordance with the provisions of Section 34090 of the Government Code of the State of California. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0. F. NEW BUSINESS - CITY MANAGER - 1. Presentation regarding airport master plan opposition strategy. Mayor Gordon announced the decision in closed session that the City file an amicus brief with the court regarding the Morongo Indian lawsuit. Council received and filed. Minutes City Council Regular Meeting July 21, 1998 — 7:00 p.m. ., ^ -, I l: UuJ6 G. NEW BUSINESS - CITY ATTORNEY - NONE H. NEW BUSINESS - CITY CLERK - NONE I. NEW BUSINESS - CITY TREASURER - NONE J. NEW BUSINESS AND REPORTS - CITY COUNCILMEMBERS Councilmember McDowell - Spoke regarding the Airport Master Plan Presentation. Councilmember Gaines - NONE Councilmember Wernick - Spoke regarding business attraction and LAX expansion. Mayor Pro Tem Jacobs - Spoke regarding the Chamber mixer. Mayor Gordon - Mayor Gordon advised that the City Manager selection has been narrowed to two candidates and an announcement should be made within thirty days. The Imperial Highway improvement plan is still being worked on, to include continuation of tree planting, as well as repaving. Council consensus to direct the Recreation and Parks Commission to develop a plan for construction of a dog park within the City limits. 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. Five (5) individuals addressed Council. In response to concern expressed by Liz Garnholts, resident, regarding a stray dog in her yard, Interim City Manager Grimmond stated that the Police Department will be notified to handle the situation. Minutes City Council Regular Meeting July 21, 1998 — 7:00 p.m. l,lj�l�lt) 2. Jane Friedkin, resident, referred to a presentation on LAX expansion, feeling that decisions may be made before presentation at Council meetings; and requested a response as to why an RFP was not advertised. 3. Sandra Mason, resident, addressed the Senior Task Force; the dog park; expressed her disappointment in the July 4`' cable presentation; felt the "No Bicycle and Skateboards" signs on Main Street are too high for children to read. Interim City Manager Grimmond to report back on the sign issue. 4. Frank Wong, resident, requested advice from the presenters the use of the "No On LAX Expansion" sign. 5. Mark Renner, resident, spoke regarding the presentation, El Segundo's plans, and addressed what he felt the airport issues would be. MEMORIALS: NONE CLOSED SESSION: NONE ADJOURNMENT at 9:30 p.m. to August 4, 1998, 5:00 p.m. Cindy Mortesen, City Clerk Minutes City Council Regular Meeting July 21, 1998 — 7:00 p.m. n n EL SEGUNDO CITY COUNCIL MEETING DATE: August 4, 1998 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Calendar AGENDA DESCRIPTION: Agreement providing for three year Memorandum of Understanding between the City Council and the El Segundo City Employees Association. Fiscal Impact: $272,305 first year total compensation cost. Funds are available in the City's 1998/99 Fiscal Year Operating Budget for the first year 5% salary increase. RECOMMENDED COUNCIL ACTION: 1. Approve the Agreement 2. Adopt Resolution INTRODUCTION AND BACKGROUND: The attached agreement providing for a three -year Memorandum of Understanding is a mutual agreement reached between authorized representatives of the City Council and the El Segundo City Employees Association. DISCUSSION: City and Association representatives met and conferred in good faith pursuant to California Government Code Sections 3500 et seq., and City Resolution number 3208. The effective date of the 5% salary increase is July 18,1998. ATTACHED SUPPORTING DOCUMENTS: Resolution Agreement prepared by Richard Kopenhefer, Esq., - McDermott, Will & Emery FISCAL IMPACT: (Check one) Operating Budget: X Capital Improv. Budget: Amount Requested: Project/Account Budget: Project/Account Balance: Date: 7/1/98 Account Number: Various Project Phase: Appropriation Required - Yes_ No X ORIGINATED: Date: July 21, 1uutf Bob Hyland, Director of Human Resourc /Risk Management REVIEWED BY: Date: agenda.288 ((�� RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF EL SEGUNDO, CALIFORNIA, AND THE EL SEGUNDO CITY EMPLOYEES ASSOCIATION WHEREAS, the City has met and conferred in good faith with representatives of the El Segundo City Employees Association; and WHEREAS, discussions which have taken place in the meet and confer process have resulted in a mutually satisfactory Memorandum of Understanding between the City of El Segundo and this Association; NOW, THEREFORE, be it resolved, by the City Council of the City of El Segundo as follows: SECTION 1. That staff is authorized to implement all terms and conditions of the Memorandum of Understanding (entitled "Agreement ") between the City of El Segundo and the El Segundo City Employees Association. SECTION 2. The City Clerk shall certify to the passage and adoption of this resolution; shall enter the same in the book of original resolutions of said City; and shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council of said City; in the minutes of the meeting at which the same is passed and adopted. PASSED, APPROVED AND ADOPTED this 4th day of August 1998. ATTEST: Cindy Mortesen, City Clerk (SEAL) APPROVED AS TO FORM: Mark D. Hensley, City Attorney Mike Gordon, Mayor of the City of El Segundo ✓-/2 - a gg - 00 a- AGREEMENT BETWEEN THE CITY OF EL SEGUNDO AND THE EL SEGUNDO CITY EMPLOYEES ASSOCIATION 1. The term of this Memorandum of Understanding (MOU) shall commence on July 1, 1998 and end on September 30, 2001. 2. The City and the Association shall incorporate the terms of this agreement into the existing comprehensive Memorandum of Understanding such that it shall contain all currently effective agreements between the City and the Association. 3. The City shall increase salaries by 5% effective July 18, 1998. 4. The City shall implement the results of a classification and compensation study for unit members on or before July 1, 1999, in accordance with Attachment "A ". 5. The City shall increase salaries by 2% or by the Consumer Price Index Percent change for the year ending May, 2000, "Los Angeles - Riverside - Orange County Area, All Urban Consumers ", whichever increase is greater. The salary increase shall be effective July 2, 2000. 6. The Association agrees to reduce the maximum allowable amount of accumulated sick leave from 1056 hours to 600 hours, effective July 1, 1998, in accordance with Attachment "B ". Additionally, the City agrees to add all unit members to its currently existing Long Term Disability Plan. 7. The City's aggregate contribution toward dental, optical and life insurance coverage shall be capped at $135 per employee per month, in accordance with Attachment "C ". 8. The City agrees to interpret "sufficient number" of candidates for a promotional examination as three eligible and qualified applicants, in accordance with Attachment "D ". 9. The City shall modify the Computer Loan Program, in accordance with Attachment "E ". 10. The City shall modify its policy relative to the direct deposit of paychecks, in accordance with Attachment "F ". 11. The City shall modify Personnel Rule 14.4 in order to provide a pre - disciplinary hearing process for all suspensions without pay, in accordance with Attachment "G ". 12. During the third year of this MOU, the City and the Association shall meet with the intent of discussing the 2% at 55 PERS Retirement Plan. 13. The City shall institute a Standby Duty Policy, in accordance with Attachment "H ". 14. The Association agrees to the method of computing adjustments to salary ranges, in accordance with Attachment "I ". 15. The City shall revise Article 2.02(1) of the MOU to delete sick leave as time worked for 1.; j purposes of calculating overtime, in accordance with Attachment "J ". 16. The City agrees to increase the current $10,000 term life insurance coverage for unit members to $20,000. 17. The City agrees to increase recall pay from a minimum of two hours to a minimum of four hours. 18. The City agrees to increase the maximum amount of compensatory time off which can be maintained at any one time from 60 to 80 hours. 19. The City and the Association agree to modify MOU Article 1. 13, "Grievance Procedure," to reflect the following: A. The Association may grieve on behalf of an individual, group of employees or the Association as a whole. B. Steps within the Grievance Procedure will be completed within ten working days. C. Copies of written materials which may be used for disciplinary purposes shall be provided to the employee prior to placement in their official personnel file. The employee shall have the right to rebut any such document and have the rebuttal attached to the document prior to it becoming a permanent part of the employee's personnel file. 20. The City and the Association agree to modify MOU Article 1.14(2), "Grievance Procedure - Notice to Employees," to include the following: The City shall notify the Association thirty days prior to the implementation of layoffs, to provide for adequate time to meet and confer regarding the impact. 21. The City and the Association agree to modify MOU Article 2.03, "Family Emergency Sick Care Utilization," to include the following: The City shall comply with the Federal and State regulations of the Family and Medical Leave Act. 22. The City and the Association agree to modify MOU Article 2.04, "Uniform Allowance and Replacement," to include the following: A. The allowance for Crime Scene Investigator shall be increased from $198 to $240 per year. B. Fire Inspector 1 /11 shall be provided an allowance of $240 per year. C. Requests for an additional shoe allowance when such individuals have worn or damaged safety shoes shall not be unreasonably denied. If denied, the reason for such denial shall be provided in writing to the employee. 00 0rl.� 23. The City and the Association agree to modify MOU Article 2.13(E), "Step Advancement - Anniversary Date" to add the phrase "subject to meet and confer with the Association," after the statement, "the City Council reserves the right, at any time, and in its sole discretion, to change the range number assigned to any officer or employee and to determine the particular step in any range number which is to be thereafter assigned to any such officer or employee." 24. The City and the Association agree to modify MOU Article 3.04 "Alternative Work Schedules," to add the phrase "such as the 9/80 schedule," after "if the employee requests a change to the schedule..." 25. The City agrees to pay on behalf of the employees covered under this agreement the member contribution on shift differential, uniform allowance, and uniform replacement when such benefits are includable as additional compensation for PERS purposes. 26. Deferred compensation as previously defined in regards to Retirement shall reflect modification for social security coverage. Deferred pay will equal 7% of the sum of Total earnings less $133.33 per month. Total earnings less deferred pay equals base pay. Example of Salary and Deferred Pay with OASDI Modification: Base Pay $1,869.33 Deferred Pay 130.67 Total Pay $2,000.00 -1 ;, �'� n - • (/ � � �,'J(" FOR THE: EL SEGUNDO CITY EMPLOYEES ASSOCIATION es rver iident r anna Carson Treasurer Seane Nemeth Secretary Ochwat == Sergeant -at -Arms Date h:\chron98\negs-98.gea\agrmntcea FOR THE: CITY OF EL SEGUNDO WON Manager Interim City !Bob EHyla�nedl,T Director of Human Resources/ Risk Management Date EL SEGUNDO CITY EMPLOYEES ASSOCIATION ATTACHMENT A CLASSIFICATION AND COMPENSATION STUDY The City and the Association agree that wage increases effective July 1, 1999 shall be determined in accordance with a classification and compensation study ( "study ") to be conducted by a recognized third part consultant, at City expense, chosen after consultation with the Association. The study will commence in October, 1998. The parties agree that all wage increases prescribed by the study shall be implemented on or before July 1, 1999 and made payable on the first pay period thereafter and will be made, if necessary, retroactive to that date. The study shall determine the appropriate compensation for all covered classifications with reference to the median rates then currently paid at the following cities: Culver City, Gardena, Hawthorne, Hermosa Beach, Inglewood, Manhattan Beach, Redondo Beach, Santa Monica, Torrance, Los Angeles, and the County of Los Angeles. All covered employees may provide input to the consultant during the course of the study. The results of the study shall be provided to the Association representative when complete and the City will meet with the Association, at the Associations's request, in order to discuss them. "Y" rated individuals, as determined by the study, shall be eligible for "step" increases within classification as prescribed by the MOU, but shall receive no across the board increase on July 1, 2000, or thereafter, unless and until their particular "Y" rating is or has been exceeded by the increase or increases. h : \chron98\negs•98.s &pWs &compgen c i'l s h� aB2— 00 "7 EL SEGUNDO CITY EMPLOYEES ASSOCIATION ATTACHMENT B MAXIMUM AMOUNT OF SICK LEAVE ACCUMULATION /LTD PLAN Effective July 1, 1998, the maximum allowable amount of accumulated sick leave for unit members will be reduced from 1056 hours to 600 hours. The City will add all members to its currently existing Long Term Disability plan. 600 hours becomes the cap for all current employees with accumulations less than 600 hours and for all newly appointed employees. Current employees with more than 600 hours of accumulated sick leave will be allowed to utilize that amount as their personal sick leave cap throughout the remainder of their service with the City of El Segundo. All other provisions in the current MOU, as regards the accrual, use and distribution of sick leave shall remain in full force and effect. h:\ch ron 98\n egs -98. s &p\mx- amtslaccgen no EL SEGUNDO CITY EMPLOYEES ASSOCIATION ATTACHMENT C INSURANCE CAPPING The City's aggregate contribution for current dental, optical and life insurance shall be capped at $135.00 per employee per month. Current Maximum City Contributions: Dental $77.83 /month Optical $13.70 /month Life $ 3.40 /month --------------------------------------- Total $94.93 BH /awd 5/98 h:\chron98\ngs-98.GEAkINSCAP.GEA 910 EL SEGUNDO CITY EMPLOYEES ASSOCIATION ATTACHMENT E COMPUTER LOAN PROGRAM A. Eliminate the current practice of "refinancing" to the maximum allowable loan amount. B. As of July 1, 1998, all participants to the loan program will be eligible for an initial, interest free loan in the amount of $4,000 (four thousand dollars). An employee with an outstanding balance on a prior computer loan as of July 1, 1998, will have that amount currently due from the previous loan subtracted from the amount the employee can borrow interest free under this program. C. Subsequent loans or amounts in excess of the above maximum interest free loan, would be at an interest rate of 3 %. All loans would include a 36 -month repayment term. D. Eligible purchases shall be expanded to include ergonomic - related furniture and equipment. E. Anti -viral software shall be required as a prerequisite in granting requested loans. F. City would retain title, as security, to any equipment purchased with funds from the above described loans, until such time as the loan is fully paid off. City is to be notified of any exchange or updating of equipment. G. "After- the - fact" financing is allowed only with prior approval of the Director of Finance or his /her designee. BH /awd 5/98 h: \chron98 \negs- 98.gea \comloan.gea ,(or ^�� a ?Fy -0/i EL SEGUNDO CITY EMPLOYEES ASSOCIATION ATTACHMENT F DIRECT DEPOSIT It is agreed between the City and the El Segundo City Employees Association that it is in the mutual interest of the City and its employees that all covered employees utilize the currently available direct deposit system. Employees who do not desire to utilize direct deposit shall make their wishes known in writing to the City's Director of Finance, together with a statement of their reasons therefore. Exceptions to this direct deposit policy shall not be denied. BH /awd 5/98 h:\chron98\neg-gea\dir-depo.gea v .' /-/)e- 9V- O/C�- EL SEGUNDO CITY EMPLOYEES ASSOCIATION ATTACHMENT G PERSONNEL RULE 14.4 DISCIPLINARY ACTION - Authority to Take Prior to making a final decision to take disciplinary action involving suspension, demotion, dismissal, or reduction in pay, the City Manager shall give written notice of the proposed action to the concerned employee. The notice shall include a statement of reasons that a disciplinary action is being proposed and shall include a copy of the charges being considered by the City Manager. Except when of a confidential nature, the supporting documentation will be provided with the written notice to the employee. A written notice delivered to the employee's last known address shall constitute adequate notice. BH /ss 5/98 h:\chron98\negs-98GEA\disactn.gea / //� 0/3 EL SEGUNDO CITY EMPLOYEES ASSOCIATION ATTACHMENT H STANDBY DUTY Standby duty is the time that employees, who have been released from duty, are specifically required by their supervisor to be available for return to duty when required by the City. During standby, employees are not required to remain at their City work station or any other specified location. Standby duty employees are free to engage in personal business and activities. However, standby duty requires that employees: 1. Be ready to respond immediately. 2. Be reachable by paging device or telephone. The City may, in its' discretion, provide a paging device, e.g., a beeper, to an assigned standby duty employee. 3. Be able to report to work within one hour of notification. 4. Refrain from activities which might impair their ability to perform assigned duties. This includes, but is not limited to, abstaining from the consumption of any alcoholic beverage and the use of any illegal drug or incapacitating medication. 5. Respond to any call back during the assigned standby period. As with any City equipment, any paging device assigned to an employee is the responsibility of the standby employee during the standby assignment. The employee is liable for loss or damage to the paging device which is caused by the employee's negligence or intentional acts. Failure of an employee to comply with the provisions of standby duty may subject the employee to discipline, up to and including termination of employment with the City. For each assigned period of standby duty employees shall be provided two hours of pay. Employees recalled to duty shall receive a minimum of four hours of recall pay. H: \chron98 \negs -98GEA \standby.dtygea 6 U !. _) -- � - /.e -a FW- old EL SEGUNDO CITY EMPLOYEES ASSOCIATION ATTACHMENT I METHOD OF COMPUTING ADJUSTMENTS TO SALARY RANGES In order to conform to the requirements of the City's current payroll system, the El Segundo City Employees Association agrees to modify the present MOU requirement to perform 12 digit calculations to 4 digit calculations in computing adjustments to existing salary ranges and steps. BH /awd 5/98 h:\ chron98\ann- negsgnl\adj$mgs.cea -� � 'o �i ' C y2- zg�- o/ \�-) EL SEGUNDO CITY EMPLOYEES ASSOCIATION ATTACHMENT J OVERTIME CALCULATION Revise Article 2.02(1) of the MOU to delete sick leave for purposes of calculating overtime. The revised language is shown below: Article 2.02 Overtime /Compensatory Time 1. Overtime Calculation - An employee who is required to work more than forty (40) hours during any given work week shall be compensated at the rate of one and one -half times his /her regular rate of pay. The City, for purposes of calculating overtime pay, will include holidays and pre- approved vacation leave as time worked. BH /awd 5/98 h: \chron98\ann- negsgnl \ovrtime.cea EL SEGUNDO CITY COUNCIL MEETING DATE: August 4, 1998 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Calendar AGENDA DESCRIPTION: Proposed revisions to the class specification for the mid - management job classification of Deputy City Clerk. RECOMMENDED COUNCIL ACTION: Approve the class specification. INTRODUCTION AND BACKGROUND: The position of Deputy City Clerk is currently vacant and in anticipation of filling the position, the City Clerk has revised the class specification to more accurately reflect current job duties and responsibilities and the needs and requirements of the office of City Clerk. The class specification was last revised in June, 1990. DISCUSSION: City Council approval of the proposed class specification is required in order to allow the Human Resources Department to initiate the necessary steps in the recruitment, testing and selection process. Following the posting of the necessary announcement of the position, City Council will be presented with an examination plan for approval. ATTACHED SUPPORTING DOCUMENTS: Class specification FISCAL IMPACT: N/A (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: Date: July 27, 1998 ti Bob Hyland, Director of Human Resources /Risk Management REVIEWED BY: Date: im nd, Interim City M ager �/ 9�yy ACTION AKEN: l/J_� agenda.286 Date Adopted: CITY OF EL SEGUNDO DEPUTY CITY CLERK Under general direction, provides direct assistance to the City Clerk in the preparation of agendas, minutes preparation, and follow -up; maintains records and confidentiality of official documents and records; assists with municipal elections; provides lead supervision to assigned City Clerk office personnel; performs related duties as required. CLASS CHARACTERISTICS This single position class is assigned to the elected City Clerk's office. The incumbent performs a variety of complex professional and managerial duties, executes administrative tasks as prescribed by the Government Code, maintains and disseminates records of action of governing bodies, municipal ordinance, resolutions, code and other official government documents. The Deputy City Clerk is charged with management responsibility for executing and performing duties in accordance with various provision of State law and municipal ordinances. May serve as the City Clerk, or department manager, in the absence of the City Clerk. The classification of Deputy City Clerk differs from the classification of Deputy City Treasurer by its level and degree of municipal electorial and record keeping duties. EXAMPLES OF DUTIES Duties may include, but are not limited to, the following: 1. Assists the City Clerk by assuming responsibility for coordination of office operations and performing official duties involving such activities as elections, voter registration, preparation and filing of legal notices, recording documents, receipt and processing of claims, bid openings and a variety of other activities. 2. Prepares and distributes Council agendas; attends Council meetings, records all council actions and meeting proceedings; maintains a comprehensive indexing and filing system for Council action and directives; such as resolutions and ordinances, including directing the drafting and administration of ordinances, resolutions, contracts, agreements, and insurance certificates. Maintains official files and records of Council proceedings and actions; prepares, processes, distributes, and posts public notices, bulletins, and contracts following applicable procedures; prepares ordinances and resolutions in accordance with written instructions in accordance with the Brown A . 4. Attends City Council meetings and other legislative meetings as required, including evenings, weekends and special events. 5. Coordinates the bid process for City projects; disseminates, receives and opens bids in accordance with federal, state, and municipal law. 6. Administers provisions of the Political Reform Act of 1974. 7. Administers appointive list provisions of the Madd- Appointive List Act. 8. Processes petitions and claims filed with the office of the City Clerk; provides information and assistance to the public; provides documents to other departments and to the public upon request; administers oaths of office to new employees. L Assists in the conduct of stand -alone municipal elections; serves as the City Filing Officer for local campaigns, Fair Political Practices Commission and processes and maintains related forms; assists in the preparation of the annual department budget including monitoring and approving expenditures; prepares Election Budget. 10. Coordinates and assists departments with the centralized, automated storage and retrieval of City records. 11. Manages the development and implementation of goals and objectives, policies and procedures; interprets policies to subordinate staff and to the general public. 12. Plans, directs and organizes the activities of subordinate support staff; participates in the selection and training of staff; evaluates and reviews the performance of staff. 13. Administers and files oaths /affirmations and takes and certifies affidavits and depositions pertaining to City business. QUALIFICATIONS GUIDELINES Education and /or Experience: Any combination of education and /or experience that provides the knowledge, skills, and abilities necessary for satisfactory job performance. Example combinations include possession of a Bachelor's Degree in the Social Sciences, Public /Business Administration, Information Technology, English or related field, QR an Associate's Degree in the Social Sciences, Public /Business Administration, Information Technology, English or related field with additional relevant working experience substituted for the required Bachelor's Degree on a year - per -year basis; and five (5) years progressively responsible experience in a governmental agency involving frequent contact with the public of which one (1) year minimum in a supervisory capacity. Knowledge Skills and Abilities: Thorough knowledge of English grammar, punctuation, and spelling; modern office methods and procedures; principles of records management. Working knowledge of City government and organization; activities and responsibilities of a City Clerk's Office; principles and practices of supervision, performance evaluation and disciplinary process; advanced skill in the operation of a variety of office equipment, including personal computer, data processing and spreadsheet software; and knowledge of optical imaging storage and retrieval systems. Ability to perform varied, difficult and complex office and clerical work requiring independent judgment; synthesize conference type discussions and condense information selecting major points of discussion; maintain confidentiality of all records; ability to utilize optical imaging storage and retrieval systems; follow verbal and written directions; learn and apply technical procedures involving codes, specialized vocabulary, legal forms, and organization of data; lead the work of clerical employees; edit documents for inconsistencies in spelling, punctuation, and grammar; communicate effectively both orally and in writing; establish and maintain cooperative working relationships. SPECIAL REQUIREMENTS & CERTIFICATIONS Possession of, or the ability to obtain, a valid class "C" California driver's license and satisfactory driving record. Certified Municipal Clerk Certification ( "CMA" ). Depuly.78 EL SEGUNDO CITY COUNCIL MEETING DATE: August 4, 1998 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Calendar AGENDA DESCRIPTION: Examination plans for designated Personnel Merit System Job Classifications. RECOMMENDED COUNCIL ACTION: Approve the Examination Plans. INTRODUCTION AND BACKGROUND: Chapter 2.28.080 of the El Segundo Municipal Code, entitled "Administration and Personnel ", provides that the Personnel Officer shall review and recommend to the City Manager, who in turn shall recommend to the City Council, an appropriate examination plan and weights for each portion of the examination for Personnel Merit System job classifications. DISCUSSION: The City's Human Resources Department is currently in the process of conducting and finalizing examinations for the job classifications of Deputy City Treasurer, Firefighter, Police Service Officer, Receptionist and Senior Library Assistant. The examinations are being conducted in accordance with the plans that were included within the examination notices. The notices of the examinations were properly posted in accordance with the City's Personnel Rules and Regulations. The scoring of the examinations have not been completed; thus no employment eligibility lists have been established. - SEE ATTACHMENT - ATTACHED SUPPORTING DOCUMENTS: FISCAL IMPACT: (Check one) Operating Budget: Capital Improv. Budget: Amount Requested: NIA Project/Account Budget: Project/Account Balance: Date: Account Number: Project Phase: Appropriation Required - Yes_ No_ ORIGINATED: Date: July 27, 1998 Bob Hyland, Director of Human Rests /Risk Management REVIEWED BY: Date: agenda.287 2 VCS_ It is recommended that the City Council approve the examination plans that contain the following examination techniques and weights for each portion of the examination: DEPUTY CITY TREASURER Written Test Pass /Fail - Qualifying Only Oral Board 100% FIREFIGHTER Written Test Pass /Fail - Qualifying Only Physical Agility Test Pass /Fail - Qualifying Only Oral Board 100% POLICE SERVICE OFFICER Written Test Pass /Fail - Qualifying Only Oral Board 100% RECEPTIONIST Written Test Pass /Fail - Qualifying Only Oral Board 100% SENIOR LIBRARY ASSISTANT Oral Board 100% agenda.287 '.� j ! i EL SEGUNDO CITY COUNCIL MEETING DATE: August 4, 1998 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Calendar AGENDA DESCRIPTION: Proposed class specification and resolution establishing a monthly salary range for the new job classification of Senior Accountant. Fiscal Impact: Funding for the one position job classification is contained in the Fiscal Year 1998 -99 Operating Budget. RECOMMENDED COUNCIL ACTION: Approve Class Specification Adopt Resolution INTRODUCTION AND BACKGROUND: The City's recently adopted 1998 -99 Operating Budget reflects the establishment of the job classification of Senior Accountant. The job classification will be represented by our Supervisory and Professional Employees Association. DISCUSSION: City Council approval of the class specification and adoption of the resolution establishing the monthly salary range is required in order to allow the Human Resources Department to initiate the necessary steps in the recruitment, testing and selection process. Following the posting of the necessary announcement of the position, City Council will e presented with an examination plan for approval. ATTACHED SUPPORTING DOCUMENTS: Class Specification and Resolution FISCAL IMPACT: (Check one) Operating Budget: X Capital Improv. Budget: Amount Requested: Project/Account Budget: Project/Account Balance: Date: 711/98 Account Number: Project Phase: Appropriation Required - Yes_ No X ORIGINATED: Date: July zts, IInto Bob Hyland, Director of Human Resou s /Risk Management REVIEWED BY: Date: agenda.289 yam - a P- 00i CITY OF EL SEGUNDO SENIOR ACCOUNTANT DEFINITION DATE ADOPTED: Under general direction, performs a wide variety of responsible professional accounting work including the maintenance, compilation and review of various financial records; prepares various financial reports and financial statements; applies GASB pronouncements; accounts for complex financing of City projects and agreements; prepares and maintains all tax and compliance filings; assists staff at various levels; performs a variety of technical tasks relative to assigned areas of responsibility; performs related duties as required. CLASS CHARACTERISTICS Employees within this class perform difficult and complex work in accounting and related aspects of financial management. This classification differs from Accountant in the degree of complexity and difficulty, and the responsibility of the Senior Accountant classification for the supervision of accounting clerical and professional personnel. Employees at this level receive only occasional instruction or assistance as new or unusual situations arise and are fully aware of the operating procedures and policies within the work unit. A Senior Accountant receives general direction from the Accounting Manager and provides functional and technical supervision to various staff levels as assigned. EXAMPLE OF DUTIES 1. Reconciles various bank accounts and fiscal agent statements. 2. Reviews, monitors and updates subsidiary records to the general ledger. 3. Downloads various banking and cleared check activities from the central bank; uploads applicable activity into City's accounting system. 4. Performs reconciliation of Investment Register to the General Ledger. 5. Participates in the posting, balancing and reconciliation of the general ledger and subsidiary accounts. 6. Assists in the City's annual budget process. 7. Assists personnel with budget activity, proper expenditure coding, document preparation and other accounting related activities. 8. Assists in the accounting for complex financial projects and agreements. 9. Responds to customer and department inquiries and problems. 10. Prepares necessary adjusting journal entries and related documentation. 11. Performs various detailed account analyses on various financial records, accounts and reports. 12. Assists in the annual closing of the City's financial records. 13. Performs accounting for fixed assets, capital improvements leases and long -term debt. 14. Assists in the recordation, estimation and accrual of various receivables and liabilities. 15. Assists in the preparation of the comprehensive Annual Financial Report, (CAFR), State Controller's Report, and other reports as assigned. 16. Assists in the preparation for and coordination of various annual and special audits. 17. Provides technical and functional assistance /backup to Accounts Payable, Accounts Receivable, Payroll, Cashiering and other financial operations as needed. 18. Recommends or implements changes in accounting system procedures. QUALIFICATIONS GUIDELINES Education and /or Experience Any combination of education and /or experience that has provided the knowledge, skills, and abilities necessary for satisfactory job performance. Examples combinations include possession of a Bachelor's Degree from an accredited college or university with major course work in accounting or a closely related field and three years professional accounting experience. Experience with governmental accounting is desirable. Knowledge, Skills and Abilities Knowledge of generally accepted accounting principles and practices; governmental accounting and auditing standards and their application to a variety of accounting scenarios and transactions; methods and techniques of financial statements preparation and auditing; laws regulating public finance and fiscal operations; Federal, State and local tax reporting and compliance; principles and practices of budgeting; automated financial management systems; current computing and modern office equipment practices. Ability to perform a variety of professional accounting duties; research data and prepare clear and concise financial reports; perform auditing functions; work independently in the absence of supervision; communicate clearly and concisely, both orally and in writing; establish and maintain effective working relationships with those contacted in the course of work; analyze and resolve complex technical financial issues. Special Requirements Possession of or ability to obtain a Class C California driver's license and satisfactory driving record. Work is performed primarily in an office setting and positions are required to perform stretching, bending, reaching, grasping and minor lifting in carrying out assignments. Computer operation and input is a major function of positions assigned to the class of Senior Accountant. sr•acctn.798 //,�-- � S??- X03 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, ESTABLISHING A SALARY RANGE FOR THE JOB CLASSIFICATION OF SENIOR ACCOUNTANT The City Council of the City of El Segundo does hereby resolve, declare, determine and order as follows: SECTION 1. That the City Council approves the following basic monthly salary range for the job classification of Senior Accountant (Supervisory and Professional Employees Association Bargaining Unit): STEP A STEP B STEP C STEP D STEP E $4006.96 $4207.31 $4417.67 $4638.55 $4870.48 SECTION 2. The City Clerk shall certify to the passage and adoption of this resolution; shall enter the same in the book of original resolutions of said City; and shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council of said City, in the minutes of the meeting at which the same is passed and adopted. PASSED, APPROVED AND ADOPTED this 4th day of August 1998. Mike Gordon, Mayor ATTEST: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I, Cindy Mortesen, City Clerk of the City of El Segundo, California, do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing Resolution No. was duly passed and adopted by said City Council, approved and signed by the Mayor of said City, and attested to by the City Clerk of said City, all at a regular meeting of said Council held on the 4`h day of August, 1998, and the same was so passed and adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: Cindy Mortesen, City Clerk APPROVED AS TO FORM: Mark D. Hensley, City Attorney RES- SLRY.289 J r.1 r, /-f9Z -289- 0 o� EL SEGUNDO CITY COUNCIL MEETING DATE: August 4, 1998 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Resolution of the City Council rescinding Resolution Number 3996, and adopting a new resolution approving a new Conflict of Interest Code. RECOMMENDED COUNCIL ACTION: Approve new Conflict of Interest Resolution INTRODUCTION AND BACKGROUND: Change in circumstances, by the creation and /or deletion of certain job title and description, necessitates a change in the Conflict of Inters Code. To comply with Government Code 87306 a new Resolution must be approved by the governing body. The attached draft resolution contains changes from the present code as follows: CITY MANAGER * City Manager Assistant City Manager ECONOMIC DEVELOPMENT Director of Economic Development Continued on page 2 ATTACHED SUPPORTING DOCUMENTS: 1. Existing Resolution No. 3996 2. Draft Resolution FISCAL IMPACT: NONE Tim Grimmond City Manager PLANNING AND BUILDING SAFETY: Director of Planning and Building Safety Senior Planner Associate Planner Assistant Planner (s) Planning Technician Senior Plan Examiner Senior Building Inspector Construction Inspector(s) Airport Projects PUBLIC WORKS DEPARTMENT: Director of Pubic Works City Engineer General Services Manager Water Supervisor Wastewater Supervisor FINANCE DEPARTMENT: Director of Finance Assistant Director of Finance Accounting Manager Purchasing Agent Business Services Manager HUMAN RESOURCES /RISK MANAGEMENT DEPARATMENT Director of Human Resources /Risk Management POIICE DEPARTMENT Police Chief Police Captain(s) FIRE DEPARTMENT Fire Chief Battalion Chief (s) Safety Geerdinater LIBRARY DEPARTMENT Director of Library Services Principal Librarian aerrror —a'rn rai itirs ) RECREATION AND PARKS DEPARTMENT Director of Recreation and Parks Recreation Superintendent c+. l5 e t z"--a3��3 —� �cr-izrcczrctrrc ' r- " RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO REPEALING RESOLUTION NO. 3996 AND ADOPTING A NEW CONFLICT OF INTEREST CODE. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. Resolution No. 3996 which establishes a Conflict of Interest Code for various City elected officials, and employees is hereby repealed. SECTION 2. The City of El Segundo does hereby adopt the following Conflict of Interest Code: CONFLICT OF INTEREST CODE FOR THE CITY OF EL SEGUNDO A. Incorporation of Standard Code. The Political Reform Act, Government Code Sections 8100 et seq., requires state and local government agencies to adopt and promulgate a conflict of interest code. The Fair Political Practices Commission has adopted a regulation, 2 Cal. Code of Regulations, Section 18730, which contains the terms of a standard conflict of interest code , which can be incorporated by reference, and which may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act after public notice and hearings. Therefore, the terms of 2 Cal.Code of Regulations, Section 18730, and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference and along with the designation of officials and employees and the disclosure categories set forth herein, constitutes the Conflict of Interest Code of the City of El Segundo (the "Conflict of Interest Code'). B. Filing of Statements Pursuant to Section 4 of the standard code, designated officials, officers and employees shall file Statements of Economic Interest with the City Clerk or Deputy City Clerk. Upon receipt of the Statements of Economic Interests of members of the City Council, City Treasurer, Members of the Planning Commission, City Attorney, and City Manager, the City Clerk, or Deputy City Clerk, shall make and retain a copy and forward the original of these Statements to the Political Practices Commission. Pursuant to Government Code Section 82011 (c), the City Council is the code reviewing body with respect to the Conflict of Interest Code. RESOLUTION NO. REPEALING RESO NO. 3996 ADOPTING NEW CONFLICT OF INTEREST 6011 C. Review Procedure Pursuant to Government Code 87306.5, no later that July 1, of each even numbered year, the code reviewing body (City Council) shall direct the City Clerk, or Deputy City Clerk, to review the Conflict of Interest Code. The City Clerk or Deputy City Clerk shall submit an amended Conflict of Interest Code to the code reviewing body (City Council) if a change in the Conflict of Interest Code is necessitated by changed circumstance. If no change in the Conflict of Interest Code is required, the City Clerk, or Deputy City Clerk, shall submit a written statement to that effect to the code reviewing body (City Council) no later than October 1 of the same year. D. Designated Positions The following positions entail the making or participation in the making of decisions which may foreseeably have a material effect on their financial interests. COUNCIL, COMMISSIONS, COMMITTEES, & BOARDS Members of the City Council Members of the Planning Commission Members of the Recreation & Parks Commission Members of the Senior Housing Board Members of the Library Board of Trustees Members of the Investment Advisory Committee Members of the Capital Improvement Program Advisory Members of the Economic Development Advisory Council OFFICE OF THE CITY MANAGER: City Manager Assistant City Manager OFFICE OF ECONOMIC DEVELOPMENT Director of Economic Development OFFICE OF THE CITY ATTORNEY: City Attorney OFFICE OF THE CITY CLERK: City Clerk Deputy City Clerk RESOLUTION NO. REPEALING RESO NO. 3996 ADOPTING NEW CONFLICT OF INTEREST -2- OFFICE OF THE CITY TREASURER: City Treasurer Deputy City Treasurer PLANNING AND BUILDING SAFETY: Director of Planning and Building Safety Senior Planner Associate Planner Assistant Planner (s) Planning Technician Senior Plans Examiner Senior Building Inspector Building Inspector(s) Airports Projects PUBLIC WORKS DEPARTMENT Director of Public Works City Engineer General Services Manager Water Supervisor Wastewater Supervisor FINANCE DEPARTMENT: Director of Finance Assistant Director of Finance Accounting Manager Purchasing Agent Business Services Manager HUMAN RESOURCES/ RISK MANAGEMENT DEPARTMENT: Director of Human Resources/ Risk Management POLICE DEPARTMENT Police Chief Police Captain(s) FIRE DEPARTMENT Fire Chief Battalion Chief (s) RESOLUTION NO. REPEALING RESO NO. 3996 ADOPTING NEW CONFLICT OF INTEREST '3' LIBRARY DEPARTMENT: Director of Library Services Principal Librarian RECREATION AND PARKS DEPARTMENT Director of Recreation and Parks Recreation Superintendent * Listed in the code for information purposes only. These positions file under Government Code Section 87200 wit h the Fair Political Practices Commission. CONSULTANTS: All consultants except those excluded by the City Manager in accordance with the following procedure: The City Manager may determine in writing that a particular consultant, although a "designated position," is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements described in this section. Such written determination shall include a description of the consultant's duties and, based upon that description, a statement of the extent of disclosure requirements. The City Manager determination is a public record and shall be retained for public inspection in the same manner and location as this conflict of interest code. E. Disclosure Requirements SECTION 1. Designated employees shall disclose all interests and /or investments in real property located in the City, all sources of income, and all investments and business positions in business entities. SECTION 2. When a new position classification is finalized by the Human Resources /Risk Management Department for approval by the City Council, included in the presentation will be a directive to the City Council to decide whether that new position will be required to file a Statement of Economic Interest, and be included as a designated position in the Conflict of Interest Code. SECTION 3. When the City Council establishes a Commission, Committee, or Board, included in the agenda item will be a directive to the City Council to decide whether the members of the Commission, Committee or Boards will be included as a designated position in the Conflict of Interest Code and the members of the Commission, Committee or Board so designated by the City Council, will be required to file a Statement of Economic Interest. RESOLUTION NO. REPEALING RESO NO. 3996 ADOPTING NEW CONFLICT OF INTEREST -4' SECTION 4. The City Clerk is directed to forward a certified copy of this Resolution to the Legal Department of the Fair Political Practices Commission. SECTION 5. The City Clerk shall certify to the passage and adoption of this Resolution; shall enter the same in the book of original resolutions of the City; and shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council of the City, in the minutes of the meeting at which the same is passed and adopted. PASSED, APPROVED, AND ADOPTED this 4th day of August, 1998. Mike Gordon, Mayor ATTEST: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I, Cindy Mortesen, City Clerk of the City of El Segundo, California, do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing Resolution No. was duly passed and adopted by said City Council, approved and signed by the Mayor of said City, and attested to by the City Clerk of said City, all at a regular meeting of said Council held on the 41h day of August, 1998, and the same was so passed and adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: Cindy Mortesen, City Clerk APPROVED AS TO FORM: ark D. ensley, City Att ty RESOLUTION NO. REPEALING RESO NO. 3996 ADOPTING NEW CONFLICT OF INTEREST -5- cca� <; EL SEGUNDO CITY COUNCIL MEETING DATE: August 4, 1998 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Adoption of plans and specifications for construction of a storm drain in the 500 block of Washington Street - Project No. PW 98 -4 (estimated cost = $150,000.00). RECOMMENDED COUNCIL ACTION: Adopt plans and specifications and authorize staff to advertise the project for receipt of construction bids. INTRODUCTION AND BACKGROUND: The adopted fiscal year 1998 -99 Capital Improvement Program includes a project to construct a storm drain in the 500 block of Washington Street. There is a low area in the 500 block of Washington Street, north of Pine Avenue. The drainage of this area is currently being addressed by a small catch basin and a ten inch (10 ") diameter pipe within an easement in private properties which discharges the storm water to Kansas Street. The storm water flows in the street until it reaches the storm drain further down Kansas Street. The proposed work is intended to improve the drainage of this area. DISCUSSION: Plans and specifications have been prepared by staff. The proposed work includes construction of a larger (24" diameter) subsurface drain in Washington Street between Mariposa and Pine Avenues and in Pine Avenue between Washington and Kansas Streets. Storm water from the proposed drain will be discharged into an existing storm drain system in the intersection of Pine Avenue and Kansas Street. The total estimated cost of the project, including staff costs for design, inspection and construction contingencies is $150,000.00. Funds for this project have been allocated in the 1998 -99 Capital Improvement Program. ATTACHED SUPPORTING DOCUMENTS: Location map. FISCAL IMPACT: Operating Budget: Capital Improvement Budget: Amount Requested: Project/Account Budget: Project/Account Balance: Account Number: Project Phase: Appropriation Required: No Yes $150,000.00 $150,000.00 $148.000.00 Date: 301 - 400 - 8205 -8987 Adoptions of plans and specifications No N: \C0UNCIL \PW- AUG04.02 (Tuesday 7/28/989:00 AM) -- A .� - A ' � A I 1 40 o w oMr app _ a West CPT Ewwww—N, �a \ YUCCA it g J � = s 6e T L , NILLCRtfT ST I • n I'I LOMA I WHIT YttT. ST aD _ WHITING ST . : • VIRGINIA fL eBEB® ' � cc . i ``�.+ CONCORD fL B ®BF] O �'� RICHMOND C. DM G�M� �j0 ��► • III e �-•� ^� ` • M� '� WAIN f[ eQa� . ►►�© i _ .i STANDARD fL � O 0 '1 N ; W ARENA fL > r ^ ^* SHELDON By ® r O ItNM fL ® .A CT. I " 0` .L.MCME R6 C SIERRA t[ Q ®a �Q A _ M r� ip LONIT. fr. FLOURNEV RO Ot�1� 1 O NARYlAMO ST .E N mO L OO Z v CtMTER TER ST LAUREL AV A PACIFIC AV E. NEVADA ft • Y..LE L OR E.ON MI . , O (� .ALr AV C. CALIFORNIA ST .� POINSETTIA 1 KANSAS fL < WALNUT WE WASHINGTON ST. DINE .YE. a� a O ILLINOIS fi Nt ,I t L r wt. w N NIOIANA ST N OAa art. w Tii R15N � ri s st.ulv9DA v r. 2 — TEi I4W o i y BLVD. A.1rORT S ftl.r It z > c o s = = ALLIED (POMVATE) AT ` nri 1 ♦ wf !'! N.SH BT. _ PARR .AT NA{N -a- METRO • WIEEM lN1E �� 1 COMt111t7(TA l DYLtY .0. p la a DOUGLAS t r REDONDO.YL > RDRNtT 1 v -D+ •st CH w - A.T. F BLVD. ii z �' C Ifq .YE. • Y Y M C, • • • • ., a r r c ace c rr� s� BABA LA CtNt.A I !AN 61E00 �LYO. EL SEGUNDO CITY COUNCIL AGENDA ITEM STATEMENT AGENDA DESCRIPTION: MEETING DATE: August 4, 1998 AGENDA HEADING: Consent Agenda Award of contract for the improvements to the City parking lot at Main Street and Mariposa Avenue - Project No. PW 97 -25 (contract amount $56,906.36). RECOMMENDED COUNCIL ACTION: 1. Approve a transfer of $28,000.00 of savings from the recently completed fiscal year 1997 -98 Sewer Main Repair project. 2. Award contract to the lowest responsible bidder Century Paving, Inc., in the amount of $56,906.36. 3. Authorize the Mayor to execute the standard public works construction agreement after approval as to form by the City Attorney. 4. Authorize staff to request payment of $3,000.00 for the project from the El Segundo High School car wash organizers. INTRODUCTION AND BACKGROUND: On May 19,1998, the City Council adopted plans and specifications for the subject project and authorized staff to advertise the project for receipt of construction bids. The proposed work includes landscaping improvements to the parking lot and construction of a sanitary sewer connection to allow the use of the lot for the community car washes of El Segundo High School. DISCUSSION: On July 7, 1998, the City Clerk received and opened the following bids: (Discussion continues on the next page.........) ATTACHED SUPPORTING DOCUMENTS: Location map. FISCAL IMPACT: Operating Budget: Capital Improvement Budget: Amount Requested: Project/Account Budget: Project/Account Balance: Account Number: Project Phase: Appropriation Required: No Yes $60,000.00 $34,000.00 $32,000.00 Date: 7/23/98 301 - 400 - 8201 -8985 78986 Award of contract Yes - Transfer $28,000-00 from account no. 301 - 400 - 8201 -8317 Page 1 of 2 N: \C0UNCIL \PW- AUG04.03 (Tuesday 7/28/98 10:00 AM) DISCUSSION: (continued) Century Paving, Inc. Excel Paving Company Engineer's Estimate Sewer Connection $18,000.00 $11,200.00 $ 9,000.00 Landscaping Improvements—* $38,906.36 $55,923.50 $22,000.00 C.I.P. Budget Amount $15,000.00 ** $19,000.00 * Both work items should be awarded to the same contractor. ** This includes a $3,000.00 contribution offered by the car wash organizers at the time the Capital Improvement Program was being developed. Total Bid $56,906.36 $67,123.50 $31,000.00 $34,000.00 If the contract is awarded to Century Paving the total estimated cost of the project including design, inspection and construction contingencies is estimated to be $62,000.00 which is $28,000.00 more than the budgeted amount of $34,000.00. The bids came in higher than anticipated due to increased costs in landscaping and irrigation and due to the abundance of projects under construction in the region. Plans and specifications were taken out by fifteen (15) bidders, however only two (2) bidders submitted a proposal. The qualified low bidder, Century Paving, has recently completed a City project to the satisfaction of staff. If the received bids are rejected and the project is re -bid, it is unlikely that lower bids would be received. Staff is recommending an additional appropriation of $28,000.00 to complete this project. This appropriation may be made from the transfer of $28,000.00 from funds remaining in the recently completed fiscal year 1997- 98 project to repair City sewer mains at various locations. Staff recommends award of the construction contract to Century Paving, Inc., in the amount of $56,906.36 Page 2 of 2 U n i `� , N: \COUNCIL \PW- AUG04.03 (Tuesday 7/28/9810:00 AM) C4TY OF LOS ANGELES North City Boundory — IMPERIAL 2 1 HWY. _— —_ 2 H ACACiA �' ENH WALNUT Q El < t OW _ ~ �� W �� O H 7. ' ; 0 � �p SYCAMOREJ � I � uj ❑IO -- MA N W H ¢ OAK Z ` z PALM N m ; z CITY PARKING LOT 0, < 0 o f i I I LIE I AVE. CD MARIPOSA m U Q,P N PINE W Z, t > u t I inn, WF11 [D ( — Un Nis u e��eunnlliii111111�0�� !lJSl�a�o01111111111 �II� SCALE: N.T.S. -.0 At 0 5l CHEVRON U.S.A. 10 WJ I -F .1 �. ~ 1413 N N fA N N O •- N N N V) 1/1 W N N iA N O N N N ` O ZO Q ZO Z O > � < < J Q < Z Z Z O i O J < O �<. J < W O O V I Z Z < Z J Z Q } Z 0 > V V W w Z i Z Z W W _ p H < O Q = W W O < O W Q N W Q N d to J m V Z O J > u Z SCALE: N.T.S. -.0 At 0 5l CHEVRON U.S.A. 10 WJ I -F .1 �. EL SEGUNDO CITY COUNCIL MEETING DATE: August 4, 1998 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Award of contract for the construction of sidewalks north of the Douglas Street Green Line Station (contract amount $239,300.00). RECOMMENDED COUNCIL ACTION: 1. Reject the apparent low bid by Lobana Engineering as being non - responsive. 2. Award contract to the qualified low bidder, Damon Construction Company, in the amount of $239,300.00. 3. Authorize the Mayor to execute the standard public works construction agreement after approval as to form by the City Attorney. 4. Authorize staff to retain Hayer Consultants to provide construction inspection services at $38 /hour for a not to exceed amount of $20,000.00. 5. Allocate $13,000.00 to the project from the City's Transportation Development Act (TDA) apportionment. INTRODUCTION AND BACKGROUND: On September 19, 1995, the City Council authorized staff to submit an application for federal funding for the construction of sidewalks in the area north of the Douglas Street Green Line Station. The purpose of this project is to construct sidewalks at locations where sidewalks currently do not exist in order to encourage patronage of the Green Line from area employees. The City's application was approved for a grant of $200,000.00 from the Federal Transportation Enhancement Activities (TEA) program to construct sidewalks in the area north of the Douglas Street Green Line Station. This area is generally bounded by Aviation Boulevard, El Segundo Boulevard, Coral Circle and Alaska Avenue. The federal grant requires a City contribution of $50,000.00 (20% match). On May 19, 1998, the City Council adopted plans and specifications for the subject project and authorized staff to advertise the project for receipt of construction bids. DISCUSSION: (Discussion begins on the next page......) ATTACHED SUPPORTING DOCUMENTS: Vicinity and sidewalk location maps. FISCAL IMPACT: Operating Budget: Capital Improvement Budget: Amount Requested: Project/Account Budget: Project/Account Balance: Account Number: Project Phase: Appropriation Required: No Yes $239,300.00 $250,000 00 $247.000.00 Date: 7/24/98 106 119 -400- 8203 -8373 Award of contract $13,000.00 from TDA funds ?_40; 'C Date: y'cp 7�z Page 1 of 3 NACOUNCIUPW-AUG04.04 (Tuesday 7/28/981:00 PM) DISCUSSION: On July 7, 1998, the City Clerk received and opened the following bids: 1. Lobana Engineering ` $227,850.00 2. Damon Construction Company " $239,300.00 3. Louis Lopez Inc. $264,302.00 4. Nobest, Inc. $266,350.00 5. Con Engineering $331,972.00 6. Century Paving $395,940.00 Recommend rejection of this bid as non - responsive. " Recommend award of contract to lowest responsible bidder. Since the project is funded by a federal grant, bidders were required to comply with the Federal Disadvantaged Business Enterprise (DBE) program. This program requires that bidders, as of the bid opening date, demonstrate that the bid either meets the specified DBE goal of 10% by means of designating Caltrans certified DBE subcontractors to participate in the project, or submit specific documentation within four (4) working days that the bidder had made good faith efforts to meet the DBE goal but was not able to meet this goal. The submitted bid did not designate any DBE subcontractors for the project. Staff discussed this issue with Lobana Engineering and provided them with the opportunity to submit the appropriate documentation to demonstrate that it had complied with the DBE good faith effort requirements. Lobana Engineering was also informed that non - compliance with the DBE requirements will result in the rejection of its bid as being non - responsive. No such documentation has yet been submitted by Lobana Engineering. The apparent low bidder, Lobana Engineering, has not demonstrated compliance with the Federal DBE requirements. The federal grant may be jeopardized if a contract is awarded to a bidder who does not comply with the DBE requirements. Staff is recommending that the City Council reject Lobana Engineering's bid as being non - responsive. The second apparent low bidder, Damon Construction Company, has submitted documentation with the bid to demonstrate that its bid complies with the DBE requirement. Staff is recommending that City Council award the contract to the lowest responsible bidder, Damon Construction Company, in the amount of $239,300.00. The City Attorney has concurred with staffs recommendations. The City annually receives appro>amately $6,000.00 from the Transportation Development Act (TDA) which can only be used on transit or pedestrian related expenditures. Currently there is a $13,000.00 balance remaining from these funds. The Metropolitan Transportation Authority (MTA) which administers the TDA program has approved the use of these funds for the City's sidewalk project. Staff is requesting City Council authorization to appropriate these funds for the project. Page 2 of 3 NACOUNCIOPW-AUG04.04 (Tuesday 7/28/98 1:00 PM) 'ICJ i�c; DISCUSSION: (continued) The project budget is as follows: Expenditures Design = $ 3,000.00 Construction = $239,300.00 Inspection = $ 20.000.00 Total $262,300.00 Revenues Federal TEA grant = $200,000.00 City 20% matching share (Gas Tax funds) _ $ 50,000.00 MTA's TDA funds = $ 13.000.00 Total $263,000.00 The federal requirements for administering projects require a full time inspector to oversee the project and to maintain certain documentation regarding the project. City staff are not experienced in administering federal fund projects and are committed to administering other public works projects which will be under construction concurrently with the Douglas Street sidewalk project. Staff has received a proposal from Hayer Consultants to provide an inspector at the rate of $38 /hour. Hayer has previously provided inspection services to the City Fire and Public Works Departments and staff is satisfied with these services. The compensation to Hayer is eligible to be applied towards the City's matching dollars for the federal grant. Staff is requesting City Council authorization to retain Hayer Consultants at a fee of $38 /hour for a not to exceed amount of $20,000.00. Page 3 of 3 NACOUNCIUM- AUG04.04 (Tuesday 7/28/98 1:00 PM) 4; 4i =f V V 1 r V r 0 V ..s,.i.. —I- p• ..« _ V V • i F s 1 = :1,. all Y :t.. /.►w $06390 } !m Tus"Wed r' /r owe Y iJ 6 V LMA42 13170MI 101 9•g 3XVOMIAIM as U13 s O I •1!q M/1 ' � t ::t: t i:: :t: • =iii V 1 r V r 0 V ..s,.i.. —I- p• ..« _ V V • i F s 1 = :1,. all Y :t.. /.►w $06390 } !m Tus"Wed r' /r owe Y iJ 6 V G =� H 2 CROP \ co f Q � W J Q,P Q fir LIME I L- E.S. BLVD. RoScCRN•lg AVE. y _ eiI LK i�OCAT�ON �TO PSE COtJ S T iz.0 GYM D. EL SEGUNDO CITY COUNCIL AGENDA ITEM STATEMENT AGENDA DESCRIPTION: MEETING DATE: August 4, 1998 AGENDA HEADING: Consent Agenda Authorization of $172,952.49 payment to the Metropolitan Transportation Authority (MTA) for preliminary engineering /environmental assessment performed by the MTA regarding the Del Norte Green Line Station. RECOMMENDED COUNCIL ACTION: 1. Allocate $172,952.49 from General Fund reserves. 2. Authorize payment of $172,952.49 to the MTA. 3. Authorize the City Attorney to continue the efforts to recover these costs from Kilroy Airport Associates. INTRODUCTION AND BACKGROUND: On April 20,1995, the City entered into a Memorandum of Understanding (MOU) with the Los Angeles County Metropolitan Transportation Agency (MTA). The MOU provided for the MTA to perform environmental assessment and preliminary engineering for a proposed Metro Green Line Station (Del Norte) at the intersection of Douglas Street and Atwood Way. The MOU further provided for the City to finance MTA's work. Concurrently, the City executed an agreement with Kilroy Airport Associates (Kilroy) which provided for Kilroy to fund the City's obligation. DISCUSSION: The project funding is as follows: Expenditures by MTA = $508,000.00 Revenue Sources - 50% City share = $254,000.00 El Segundo Employers Association's AQMD Grant = $ 81.047.51 Balance owed by City to MTA = $172,952.49 Staff recommends City Council approval to process a payment of $172,952.49 to the MTA utilizing the City's General Fund reserves. Staff also requests City Council approval to continue efforts to recover the City's costs from Kilroy Associates as provided for in the City - Kilroy agreement. Staff has been working with the City Attorney's office and they concur with the proposed recommendation. ATTACHED SUPPORTING DOCUMENTS: 1. City -MTA Memorandum of Understanding. 2. City - Kilroy agreement. 3. Invoice from MTA for $172,952.49. FISCAL IMPACT: Operating Budget: Capital Improvement Budget: Amount Requested: Project/Account Budget: Project/Account Balance: Account Number: Project Phase: Appropriation Required: No No $172,952.49 -0- -0- Date: Environmental Assessment of Preliminary Engineering Yes N: \C0UNCIL \PW- AUG04.05 (Tuesday 7/28/98 11:00 AM) iJo11;r, W111 KHI4J 2391 MEMORANDUM OF UNDERSTANDING WHEREAS, the City of E1 Segundo (the "City ") has requested that the Los Angeles County Metropolitan Transportation Authority ( "MTA") undertake, on behalf of the City, an environmental assessment and preliminary engineering of a station (the "Project ") proposed to be located west of Douglas Street and south of Imperial Highway (the "Del Norte Station ") and the MTA agrees to do to; and WHEREAS, the Del Norte Station environmental assessment and preliminary engineering is a private - public funded project as programmed in the FY 1991 -1997 Regional Transportation Improvement Program and in the 1992 State Transportation Improvement Program; and WHEREAS, the purpose of the environmental clearance is to facilitate joint efforts of the City and E1 Segundo Employers Association ("ESEA"), with the cooperation of the MTA, to access potential federal funding sources and meet local and federal environmental requirements; and WHEREAS, the purpose of the preliminary engineering is to provide a more current and accurate estimate of project cost and the funding required from ESEA; and WHEREAS, the City and the MTA shall jointly bear responsibility for the entire cost of completing the environmental assessment and preliminary engineering of the Del Norte Station up to $600,000. NOW, THEREFORE, the MTA and the City agree as follows: 1. SCOPE OF WORK A. MTA shall perform the work described more particularly in the Work Plan ( "Work Plan ") included as Attachment A and incorporated herein by reference, including the procurement of services that may be required under the Work Plan. B. Changes in the Work Plan, Schedule and the Budget, and payments from Contingency as shown in the Budget included as Attachment B and incorporated herein by reference, shall be agreed to in writing by the City and the MTA before MTA commences work on such changes. C. Promptly following execution of this MOU, the City and the MTA shall reasonably agree upon project milestones, deliverables, documents, other terms, conditions, and approvals tied to the preliminary design process review. q Hit 6Pfl'RE'"Da D. The MTA shall conduct regular meetings with representatives of the City, including any representative from ESEA, to discuss work progress and resolve any related issues. E. The responsibilities of the MTA for the Del Norte Station is limited to those specified in this MOU and in the MTA agenda item for this project as approved by the MTA Board on November 17, 1993, included as Attachment C and incorporated herein -by reference. Any additional work shall be the subject of a new agreement by the MTA and the City. F. In the event City's review is required hereunder, City shall expeditiously review and provide comments to the MTA in such a manner as to keep the Project on schedule. 2. SOURCES OF FUNDS A. Funds for the Work Plan will come from the MTA (through a State grant of $300,000) and the City, through the combination of a $90,000 AB 2766 grant to the ESEA and private sector contributions of $164,000 and such other sources of funds the City may make available to make its contributions whole, as required by the terms of this MOU to complete the agreed upon work. B. The City shall transfer its share based on the schedule described herein in a timely manner, City shall continue to make payments to MTA as requested to keep the project on schedule. C. In the event City i s the sources described herein in a continue to make payments to MTA on schedule. 3. USE OF FUNDS unable to obtain funds from timely manner, City shall as requested to keep the project A. The MTA shall set up a separate account solely for this Project and deposit the funds described above into such account. B. All professional services, including direct MTA cost, and /or goods necessary for the completion of the Work Plan, shall be charged to the account. Consulting firms hired for the Project, including the Engineering Management Consultants of the MTA, shall be charged to this account. 4. PAYMENT OF FUNDS A. An amount equal to twenty -five (25) percent of the total City share shall be paid to the MTA at the start of the Project. The MTA shall transmit to the City a copy of the MTA Board approval of the consultant for the environmental assessment and a Notice to Proceed to indicate start of the Project. If the (1. 0 1 `, I J 0 , rM contract and such amendment does not require Board approval, a copy of the amendment and subsequent agreement with the contractor /consultant shall be provided to the City in lieu of the Board approval. B. Thereafter, the MTA shall bill the City according to the following schedule: • 25% upon commencement of preliminary engineering . 25% upon receipt of the draft preliminary engineering documents 25% upon completion of the project C. Costs in excess of $600,000 shall be the sole responsibility of the City. Should project costs exceed $600,000, the MTA shall use best efforts to obtain additional rail bond funds after June 30, 1996. 5. TERM. This MOU shall commence upon execution of the MOU and terminate when the agreed upon Scope of Work - -as more particularly described in Attachment A - -has been completed, both the MTA and the City accept the final preliminary engineering documents, and all costs are paid. 6. OTHER TERMS AND CONDITIONS A. This MOU shall not be amended, nor any provision hereof waived, except in writing signed by the parties which expressly refers to this MOU. B. All attachments to this MOU are incorporated herein and by this reference made a part thereof. C. The covenants and agreements of this MOU shall accrue to the benefit of, and shall be binding upon, each of the parties and their respective successors and assigns. D. This MOU and any attachments or documents incorporated herein by reference, constitutes the complete and entire agreement between the MTA and City and supersedes any prior representation, understandings, communications, commitments, agreements or proposals, oral or written. E. All project documents shall be the property of both the MTA and City. F. The MTA will base its preliminary design work on completed geotechnical studies for the project site. CONTRACT, 2391 *CITY OF FI' CFAIINN) C' 7. LIMITATION OF AGREEMENT The only work and expenditure of funds authorized under this MOU is for the environmental assessment and preliminary engineering for the Del Norte Station as set forth in Attachment A and B attached hereto. The execution of this MOU does not create any obligation for either the City or MTA to approve or fund any other aspects of the Del Norte Station project, including, but not limited to, construction of the station. IN WITNESS HEREOF, the parties hereto have caused this Memorandum of Understanding to be duly executed as of the dates indicated below, with all the formalities required by law. CITY OF EL SEGUNDO LOS ANGELES COUNTY / METROPOLITAN TRANSPORTATION AUTHORITY Name Carl cobson Date4 /20/95 ZWANKLIN E. WHITE Date Title Mayo Chief Executive Officer APPROVED AS TO FORM: Name h fi%y ` i�� 6-1Y Date ,4*',7 APPROVED AS TO FORM: DEWITT W. CLINTON County Counsel B Deput Date List of Attachments • Attachment A - Work Plan • Attachment B - Budget Summary • Attachment C - MTA Agenda Item, November 1993 d: \OnramP \newnwu\ 1 -F INALMRA CONTRACT 0 '. 2.391 -mv OF Fr SPRI"NQtI W n 1 KACTj 2391 FUNDING COMMITMENT AGREEMENT MTY OF FI: WMINDA yrG THIS FUNDING COMMITMENT AGREEMENT CFCAJ is entered into as of the day of April, 1995, by and between Kilroy Airport Associates VKIroyJ and the City of El Segundo ( "City'). WHEREAS, at Kllroy's request, the City entered into a Memorandum of Understanding ( "MOU'l ith e s Angeles County Metropolitan Transportation Authority CWTA11 dated ' ( "MOUJ to provide funding for the environmental assessment and prelimin ry ngineering for the proposed Green Line Del Norte Station; WHEREAS, Klroy agrees to assume financial responsibility for all financial obligations of the City under the MOU. THEREFORE, the City and Kilroy agree as follows: Section 1 Kilroy agrees to and shall pay all costs which the City is responsible for under the MOU, including, in particular, the following: a. Kilroy shall pay the total amount of the private sector's share of $164,000 of the El Segundo Del Norte Rail ("ESDNJ Station Design Project budget. b. Kilroy shall also pay the non -MTA share of the budget contingency payments equal to $46,000 and all cost of the project under the MOU in excess of $600,000 provided that Kilroy shall have the right to approve in writing all contracts, change orders, budgets, schedules and other project documents or amendments which the City has the right to approve under the MOU. C. Kilroy shall pay to the City all costs in accordance with the schedule requirements of the MOU. Section 2 City agrees as follows: a. City shall work cooperatively and closely with Kilroy throughout the Preliminary Design process, and shall involve Kilroy in all communications with the MTA. b. City shall provide Ialroy the right to approve all items; contracts; budgets; architectural and engineering drawings and other project documents; change orders and contingency payments, etc. which City has the right to approve pursuant to the MOU. C. City shall not construe Krlroy's commitment to proceed with the project under the MOU as Klroy's commitment to fund the construction costs of the project. d. Under the AQMD Grant terms. the City shall deliver the Environmental Documentation. Preliminary Design, and a Construction Financing Plan. APPROVED AND AGREED TO: KILR KILROY AIRPORT ASSOCtATES, A Californ By: CITY OF EL SEGUNDO LO Title: C 61 f/101 True: Mayor Date: ( 1/y (— Date: ATTEST: cry clerk APPROVED AS TO FORM: -City Attorney OONTRAel d: \lad \fund'rng.es 23 91. 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RECOMMENDED COUNCIL ACTION: Declare vehicles and equipment surplus and authorize staff to have items sold at auction, or sell for scrap as recommended. In addition, requesting permission from City Council to allow General Services Manager and Business Services Manager to properly dispose of any items which do not have any salvage value (i.e., a broken chair) when deemed necessary. Staff will destroy those unsalvageable items to prevent any unnecessary liability to the City. INTRODUCTION AND BACKGROUND: The purpose of this request is to dispose of unclaimed property and surplus City property pursuant to City of El Segundo Municipal Code Section 2.48.060 that may otherwise require storage and security. On August 5, 1997, City Council approved the award to contract auction services to Ken Porter Auction Company and Nationwide Auction Companies. The list of items to be sold combines unclaimed property with property deemed surplus to City needs. This combined list has been reviewed by all departments in order to allow redeployment of goods where appropriate. DISCUSSION: Approve the staff recommendation to declare vehicles and equipment surplus and authorize staff to have items sold at auction, sold for scrap, or destroyed. ATTACHED SUPPORTING DOCUMENTS: Auction items list. FISCAL IMPACT: (Check one) Operating Budget: X Capital Improv. Budget: Amount Requested: None - Revenue only Project/Account Budget: Project/Account Balance: Date: Account Number: 001 - 300 - 0000 -3901 Project Phase: Appropriation Re uired - Yes No X ORIGINATED: Date: Eunice Kramer, Director of Finance REVIEWED BY: Date: `n1'?F F -z -1 i 0 Cl 00 i CA N m 7 N 7 0 CD m v < � o z m o � m m v m n O Z Z n r C v Z O O v m r Z O m D r Z O VI < t J N ♦ J N l/ N ,. \ J \ J N \/ N \ I \ J N \/ N l/ N N N "'7 Cv 1' N 1' 1' Cv 1 N 1 N 1 tU 1' N "'S d 1' fl1 1' N "1 d tD 1 1 n cn C CaD y Kam'' ' Cv w o = w 0) o N Q a> CD tv .N. 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(Fiscal Impact: $42,359). RECOMMENDED COUNCIL ACTION: Approve Frame Rate Corporation as sole source vendor for purchase of "Millennium" Bulletin Board System at $42,359 from the 1998/99 budget. INTRODUCTION AND BACKGROUND: In July, 1998 the El Segundo City Council approved funds for the purchase of a new bulletin board system for the City's cable channels. This new system is comprised of an authoring station, utilized to create high -end graphics, and two display systems to broadcast bulletin boards over channels 22 and 57. The amount requested includes all components, on -site installation and three days of staff training. This system features both customized audio and video capabilities, animation, and real -time video abilities. The new system will replace the current antiquated bulletin boards seen on the community channels. DISCUSSION: Staff has researched and discovered that the Millennium system is the only equipment available to meet our specifications. The Millennium system is only manufactured by the FrameRate Corporation, based in Utah, and will be purchased directly from the manufacturer (sole source). ATTACHED SUPPORTING DOCUMENTS: See attached Millennium documentation. FISCAL IMPACT: (Check one) Operating Budget: X Capital Improv. Budget: Amount Requested: $42.359 Project/Account Budget: Project/Account Balance: Account Number: 001 - 400 - 6601 -8104 Project Phase: Appropriation Required -Yes No 980804.ecc 7 -28 -98 Cable pg 1 07/21/1998 13:07 8014870522 A?vM&Ra9V The Power of Multimedia Communicadon Client: City of El Segundo Mail To: City of El Segundo 401 Sheldon Street El Sugundo, CA 90245 Attn: Jeff Trujillo Phone: 310/ 322 -3904 Fax: 310/ 322 -3693 FRAMERATE LABS PAGE 02 Quotation: MP3" -1 Page: 1 Proposal Date: 7/21198 Good Until Date: 01/98 REP: FrameRate Corp Terms: Due On Receipt FOB: Destination Regional Mgr: Dennis Gourley Item Part No. Qty Description Unit Price Total Price 1- Millennium Tura -key System 1 PM7AI l Millennium Authoring Workstation 57,620,00 $7,620.00 Includes a complete computer running Millennium Authoring Suite and Millennium MedisTrak Server from the Millennium Information Suite. Includes all software necessary to create, manage, transport, and sebedule programming for one or more Millennium Display Engines. (See Specifications Sheet) 2 PM7A2 2 Millennium Display Engine 59,620.00 includes a complete rack - mounted computer running Millennium Display Server and Millennium MadiaTrak Client from the Millennium Information Suite. Operates 24 hours per day and can be updated without going off-air. Depending upon options, will accept updates from LAN, WAN, telephone modem, or satellite broadcast. (See Specifications Sheet) 3 P205267 3 Optional MPEG Playback Software License (per cpu) $1,595.00 Enables playback ofMPEG -1 or MPEG -2 digital video files. MPEG -1 Minimum System Requirement: Pentium P233, 32 MB RAM. MPEG -2 requires Sigma Designs NetStream 11 card. No other cards are certified. T 4 PSVC41 I Technology Assurance Program, 90 Day Plan $0.00 includes toll -free Help Desk Support, Service Gateway Access on FraneRate's web site at http: / /www.fcatmsratecorp.com, and software upgrades to customer's current software for a period of 90 days, Price based upon software licenses defined on the customer's Software License Certificate. 5 PSVC42 1 Optional Technology Assurance Program, One Year Subscription 51,465.00 Includes toll -free Help Desk Support, Service Gateway Access on Frame)tate's web site at http: / /www,f=cratccorp.com, and software upgrades to customer's current software for a period of one year. Price based upon software licenses defined on the customer's Software License Certificate. 6 P20219 3 Ethernet Network Adapter $170.00 7 P20065 3 Power Strip with Telephone and six AC Outlet Surge Protection $85.00 9 P19034 1 DeltaScan Scan Converter (Authoring Station) 5395.00 10 P19078 2 Scar Converter, Extron Emotia Jr. (Display Engine) $995.00 11 P70114 1 Millennium Manual and Workbook S0.00 $19,240.00 $4,783.00 $0.00 $1,463.00 $310.00 $255.00 $395.00 $ 1,990.00 $0.00 11- Training 12 PSVC2 1 Installation and Training, 3 days On -Site $3,683.00 $3,683.00 3007 S. west Temple, Suite H • Salt Lake City, Utah 84115 • Tel (80 1) 487 -0088 • Fax (801) 487.0522 E -mail Info Of rameratecorp.com • htip: / /www.frarnersitecorp.com Cable pg 2 vC!'tir., 07/21/1998 13:07 8014870522 FRAMERATE LABS PAGE 03 The Power of Mu�lmedia Communication Quotation: MP390 -1 Page: 2 III- Peripherals 16 P24511 1 Color VGA Monitor 17" 5849.00 5849.00 17 P2459 1 NTSC Color Monitor 13 ", with sound $525.00 $523.00 18 P2004 I .Document and Image Scanner, Flatbed (300dpi) $465.00 $465.00 TV. System Backup do Data Transport Options 26 P20063 1 Internal Zip Drive 100 MB (SCSI) $279.00 5279 -00 27 P20064 3 Pre- Formatted Zip Disk (lea) $16.00 $48.00 _ ..... y- Shipping 28 PSVC31 l Estimated Shipping 3250,00 $250.00 Notes: Total Price: $42,359.00 Osies: This Is not an order nor is it a confirmation of an order. It is a quotation only. Qa Ity:. _. - ...._. . 3007 S. West Temple, Suite H - Salt lake City, Utah 84115 - Tel (801) 487 -0069 - Fax (801) 487.0522 E-mail Info 0 frameratecorp. com • http : / /WWW.lrameratecorp.com Cable pg 3 EL SEGUNDO CITY COUNCIL MEETING DATE: August 4, 1998 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Approval of Service Agreement with the City of Redondo Beach /South Bay Youth Project, to provide counseling services to El Segundo youth and families between September 8, 1998 and June 30, 1999 at a cost of $27,498. RECOMMENDED COUNCIL ACTION: Approve Service Agreement and authorize the Mayor to sign service agreement with the City of Redondo Beach /South Bay Youth Project. INTRODUCTION AND BACKGROUND: As part of the Fiscal 1998 -1999 budget, the City Council approved youth and family counseling services on a part time basis during Fiscal 1998 -99 as a contract service. As in 1997 -1998 Service Agreement, this year's contract will provide for the onsite counselor during the school year September 8, 1998 through June 30, 1999, with extensions available for emergency situations during summer months. This contract has been reviewed by legal, with a few minor changes and specific dates updated for this year. DISCUSSION: The counselor under this contract, will be a certified Marriage, Family and Child Counselor (M.F.C.C.) and continue networking with the police department, school district and recreation and parks department; conducting a monthly juvenile diversion meeting, providing statistics and act as a community liaison. The South Bay Youth Project counselor, under City's service agreement, will continue to provide counseling, intake and referral services and will also continue to handle the Community Development Block Grant program which specifically deals with child abuse cases. The City will receive on site professional counselor access, 20 hours per week, Monday through Friday which will maintain a high level of service to the community. ATTACHED SUPPORTING DOCUMENTS: Service Agreement with the City of Redondo Beach /South Bay Youth Project. FISCAL IMPACT: $27,498 (Check one) Operating Budget: x Capital Improv. Budget: Amount Requested: $27.498 Project/Account Budget: $27.498 Project/Account Balance: $27.498 Date: Account Number: 001 -400- 5205 -6206 Project Phase: Appropriation Required - Yes x No ORIGINATED: Date: July 1, 1998 '��; - Jim ;k, Director REVIEWED BY: Date: 980701.SBYP (July 01, 98 12:00) Youth.cnl -98/99 PUBLIC SERVICE AGREEMENT BETWEEN THE CITY OF EL SEGUNDO AND THE CITY OF REDONDO BEACH (THE SOUTH BAY YOUTH PROJECT) This Agreement, made and entered into this 4th day of August, 1998, by and between the City of El Segundo, a municipal corporation (CITY), and the City of Redondo Beach, a chartered municipal corporation, ( REDONDO BEACH) acting as the sponsoring agency for THE SOUTH BAY YOUTH PROJECT. WHEREAS, CITY OF REDONDO BEACH/THE SOUTH BAY YOUTH PROJECT administrators for nine South Bay cities through members of its staff assigned to the Project; WHEREAS, CITY OF REDONDO BEACH/ THE SOUTH BAY YOUTH PROJECT possesses the knowledge, expertise, and experience to provide the programmatic services necessary for the successful operation of the counseling program and is desirous of furnishing these services; NOW, THEREFORE, in consideration of the foregoing recitals each of the parties herein set forth, the parties hereto do mutually agree as follows: SERVICES THE SOUTH BAY YOUTH PROJECT will utilize CITY funds to contract for counseling services for El Segundo residents for a period of ten months beginning September 8, 1998 through June 30, 1999. The following services will be provided in accordance with the conditions herein set forth: A. Conduct initial assessments of high -risk youth and their families and recommend appropriate counseling services; and /or B. Refer high -risk youth and their families to professional, bona -fide therapists for further consultation, if necessary and where appropriate. C. Maintain individual counseling case load. D. Network with El Segundo Teen Center, El Segundo Unified School District, El Segundo Police Department and other local entities. The above services must be provided to the City of El Segundo residents. All client information, name, address, age, phone and recommendations will remain on file. Invoicing to the City for all referrals and direct counseling services are to be included in three (3) separate payments of $9,166 the ten (10) month period. The counselor is under the direct supervision of the South Bay Youth Project. Confirmation of services available, work schedule and assignments are developed by the Recreation Superintendent. Hours of operation are Monday through Friday, four (4) hours per day. Community networking, school site visits, Teen Center visits are to be conducted on an as needed basis, throughout the stated ten (10) month frame. 1 Youth.cnl -98/99 II TIME OF PERFORMANCE Said services contracted with THE SOUTH BAY YOUTH PROJECT under this Agreement shall be for ten months per year, a one year period commencing September 8, 1998 and ending June 30, 1999. III COMPENSATION AND METHOD OF PAYMENT CITY shall reimburse THE SOUTH BAY YOUTH PROJECT three (3) times per year in an amount not to exceed $9,166 per payment, which shall constitute full and complete satisfaction of the obligations under this Agreement, totaling at $27,498 annually. Payments shall be made by CITY to THE SOUTH BAY YOUTH PROJECT in installments pursuant to the following: After services have been rendered by THE SOUTH BAY YOUTH PROJECT, a detailed invoice on forms provided by CITY shall be submitted to CITY. CITY will then process payment to THE SOUTH BAY YOUTH PROJECT based upon said invoice. Payment will be made to THE SOUTH BAY YOUTH PROJECT in the amount of the invoice as approved by CITY. IV CONFLICT OF INTEREST No person performing services for the City in connection with this Agreement shall have a financial or other personal interest other than his or her employment or retention by the City in any contract or subcontract in connection with this Agreement. No officer or employee of such person retained by the City shall have any financial or other personal interest in any real property in which the plans of said property are being checked in connection with this Agreement. V PROGRAM EVALUATION AND REVIEW THE SOUTH BAY YOUTH PROJECT shall make performance, financial, and all other records pertaining to this Agreement available to CITY personnel, and allow said CITY personnel to inspect and monitor its facilities and program operations, including the interviewing of THE SOUTH BAY YOUTH PROJECT staff and program participants. THE SOUTH BAY YOUTH PROJECT agrees to submit to CITY all data necessary for complete program evaluation. Said data must include verified residency information, verified household income status, client ethnicity, and client head of household status (i.e. male or female headed household). THE SOUTH BAY YOUTH PROJECT agrees to submit to CITY quarterly reports. VI TERMINATION AND TERMINATION COSTS This Agreement may be terminated at any time by either party upon giving thirty (30) days notice in writing to the other party. CITY may immediately terminate this Agreement upon the termination, suspension, or substantial reduction in funding for this Agreement or if, for any reason, the timely completion of the work under this Agreement is rendered improbable, infeasible, or impossible. In such event, THE SOUTH BAY YOUTH PROJECT shall be compensated for all services rendered and all necessarily incurred costs performed in good faith in accordance with the terms of this Agreement that have not been previously reimbursed to the date of said termination. VII LIABILITY A. CITY shall not assume any liability for direct payment of any salaries, wages, or other compensation to any SOUTH BAY YOUTH PROJECT personnel or sub - contractor performing services hereunder for CITY, or any liability other than provided for in this Agreement. 2 Youth.cnl -98/99 ',I!'6, B. CITY shall not be liable for compensation or indemnity to any SOUTH BAY YOUTH PROJECT employee or subcontractor for injury or sickness arising out of his/her employment, or for any negligent actions of THE SOUTH BAY YOUTH PROJECT or its employees. C. All persons employed in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners, joint venturers, or associates of one another. Employees of THE SOUTH BAY YOUTH PROJECT, and as such shall not, for any purposes, be considered employees of the CITY and, therefore, shall have no right to any CITY service, civil service, or other CITY status. No CITY employee benefits shall be available to THE SOUTH BAY YOUTH PROJECT in connection with the performance of this Agreement. D. 1. REDONDO BEACH - THE SOUTH BAY YOUTH PROJECT agrees to indemnify and save harmless CITY, its elected and appointed officials, officers, agents, and employees against any and all claims, liability, judgements, costs or expenses including all reasonable costs necessary to defend a lawsuit, including attorney fees, investigators, filing fees, transcripts, court reporters and other reasonable costs necessary of investigation and defense resulting from the wrongful or negligent acts or omissions of REDONDO BEACH - SOUTH BAY YOUTH, its agents, subcontractors, and employees arising from work performed pursuant to Section 1 of this Agreement. 2. CITY understands and acknowledges that REDONDO BEACH is a member of the Independent Cities Risk Management Association, pursuant to a joint powers agreement, and the limits of liability under the agreement is $10,000,000. REDONDO BEACH is obligated to pay the first $500,000 of any claim. REDONDO BEACH agrees that every professional provider of services with whom the City Contracts on behalf of the SOUTH BAY YOUTH shall have professional liability insurance which shall be in full force and effect during the period of the contract. 3. REDONDO BEACH - SOUTH BAY YOUTH PROJECT agrees to name CITY as additionally insured on said insurance policy or policies and will provide a certificate or certificates of insurance as proof of coverage with a written "Notification of Cancellation" period of not less than 30 days. VIII CONFLICT OF INTEREST THE SOUTH BAY YOUTH PROJECT and its employees shall comply with all applicable Federal, State, and local laws governing conflict of interest. IX DISCRIMINATION No person shall on the grounds of race, sex, age, marital status, creed, color, religion, or national origin, be excluded from participation in, be refused the benefits of, or otherwise be subjected to discrimination in any programs or employment supported by this Agreement. SOUTH BAY YOUTH PROJECT shall also comply with the Americans With Disabilities Act (ADA), Title VI of the Civil rights Act of 1964, Age Discrimination Act of 1975 and the Rehabilitation Act of 1973. X AUDIT EXCEPTIONS THE SOUTH BAY YOUTH PROJECT agrees that in the event the program established hereunder is subjected to audit exceptions, THE SOUTH BAY YOUTH PROJECT shall be responsible for complying with such exceptions and paying CITY the full amount of CITY's liability to resulting from such audit exceptions. 3 Youth.cnl -98/99 XI STATUS OF THE SOUTH BAY YOUTH PROJECT THE SOUTH BAY YOUTH PROJECT is an independent contractor in all respects in the performance of this Agreement. XII SUBCONTRACT Any subcontracts entered into by THE SOUTH BAY YOUTH PROJECT for services to be rendered toward the completion of THE SOUTH BAY YOUTH PROJECT's portion of this Agreement shall be for THE SOUTH BAY YOUTH PROJECT's benefit alone and, as such, THE SOUTH BAY YOUTH PROJECT shall assume all liability for said subcontract. CITY shall assume no liability for said subcontract. THE SOUTH BAY YOUTH PROJECT agrees to provide a list of all subcontractors to be used in connection with services to be rendered toward the completion of its portion of this Agreement to CITY within ten (10) working days of execution of this Agreement. XIII AMENDMENTS This Agreement may be amended so long as such amendment is in writing and agreed upon by both CITY and THE SOUTH BAY YOUTH PROJECT. XIV DEFAULT In the event THE SOUTH BAY YOUTH PROJECT is in default under the terms of this Agreement, it is expressly agreed that CITY shall have no obligation or duty to continue compensating THE SOUTH BAY YOUTH PROJECT for any work performed after the date of default. XV REIMBURSEMENT Each party agrees that in the event of a court determination that a party is in default in the performance of this Agreement, said party will reimburse the other for all expenses (including attorney's fees, investigators, filing fees, transcripts, court reporters, and other reasonable costs) incurred by such party in connection with enforcement of its rights under this Agreement. XVI REQUEST FOR FINAL PAYMENT CITY reserves the right to withhold ten percent (10 %) of the contract amount on a completed project until a Certification of Completion is issued by CITY or COUNTY Project Directors, or their designees. XVH 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: A. CITY: City of El Segundo 350 Main Street El Segundo, CA 90245 Attn: Judy Andoe, Recreation Superintendent. 4 Youth.cnl -98/99 B. SOUTH BAY YOUTH PROJECT: The South Bay Youth Project 320 Knob Hill Redondo Beach, California 90277 Phone No. (310) 372 -7724 Attn: Dan Smith, Executive Director Notices shall be deemed to have been given as of the date of personal service, or as of the date of deposit of the same in the custody of the United States Postal Service. Win APPROVAL BY CITY COUNCIL On the City Council of the City of El Segundo approved the City entering into this Agreement and authorized the Mayor to sign this Agreement on behalf of the City. 5 Youth.cnl -98/99 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year hereinabove written. CITY OF EL SEGUNDO: Mayor, City of El Segundo ATTESTED: City Clerk City of El Segundo (SEAL) APPROVED AS TO FORM: City Attorney City of El Segundo SOUTH BAY YOUTH PROJECT: Executive Director Mayor, City of Redondo Beach ATTESTED: City Clerk City of Redondo Beach (SEAL) APPROVED AS TO FORM: City Attorney City of Redondo Beach 0 '10170 Youth.cnl -98/99 EL SEGUNDO CITY COUNCIL MEETING DATE: Aug. 4, 1998 AGENDA ITEM STATEMENT AGENDA HEADING: Mayor Gordon AGENDA DESCRIPTION: Authorization to retain Gladstein & Associates to complete the Downtown Visioning Project. RECOMMENDED COUNCIL ACTION: Authorize the City Manager to retain Gladstein & Associates to complete the Downtown Visioning Project as described in the staff report dated May 19, 1998 (attached) with the contract approved as to form by the City Attorney. INTRODUCTION AND BACKGROUND: On May 19, 1998, the City Council reviewed and approved a conceptual project outline for the Downtown Visioning Project and authorized funding up to $10,000 to retain a consultant to complete the work. DISCUSSION: In response to a Request For Proposals, the City received responses from five consultants. Following review of the proposals, the City Council Downtown Committee comprised of Mayor Mike Gordon and Councilmember Kelly McDowell selected Gladstein & Associates. ATTACHED SUPPORTING DOCUMENTS: Staff Report dated May 19, 1998 FISCAL IMPACT: Approximately $10,000. Operating Budget: Yes Capital Improvement Budget: No Amount Requested: $10,000 Project/Account Budget: $15,000 Project/Account Balance: Date: Account Number: 2101 -6214 Project Phase: N/A Appropriation Required: $10.000 sAmike2 00.17! LC? -MG- l EL SEGUNDO CITY COUNCIL MEETING DATE: May 19, 1998 AGENDA ITEM STATEMENT AGENDA HEADING: Mayor Mike Gordon AGENDA DESCRIPTION: Downtown Visioning Project RECOMMENDED COUNCIL ACTION: Review and approve conceptual project outline and authorize funding up to $10,000. INTRODUCTION AND BACKGROUND. The key element in revitalizing a downtown is to define a clear and concise community -based vision. This - project proposes to retain a facilitator to assist merchants, property owners, business leaders and residents In creating a vision for the downtown. This shared community vision should define success -- "What is the very best our downtown can be five years from now ?" The effort will address issues ranging from the types of desirable businesses, to the physical scale of downtown, as well as the potential market area from which to attract shoppers. DISCUSSION: Retaining a qualified facilitator with proven communication skills will be essential to the project's success due to the complexities of the issues and the number of affected individuals and interest groups. At this time it is anticipated the facilitator will proceed by working with a committee comprised of downtown merchants, property owners, business leaders and residents for a period of approximately six weeks. Upon completion of this effort, the draft vision statement will contain a number of alternatives for City Council consideration. It is also anticipated the report will recommend steps that need to be taken to develop and implement a downtown revitalization program. ATTACHED SUPPORTING DOCUMENTS: None FISCAL IMPACT: Up to $10,000 Operating Budget: Capital Improvement Budget: Amount Requested: Project/Account Budget: Project/Account Balance: Account Number: Project Phase: Appropriation Required: N/A $10.000 $15.000 Date: 2101 -6214 N/A $10.000 ORIGINATED: Date: ACTION TAKEN: cc-m&- a Senior Task Force Applicants pp [filed by 7/31/98 - 5.00 pm deadline] 1. Nick Gerenday - formerly postal Y a p supervisor, currently works at United Airlines -LAX as ramp serviceman 2. Mona Wenzel - retired; volunteers at Chamber of Commerce 3. Donna McCarthy - retired, but works arttime• active at Park Vista; former p Pres. Of Jetsetters 4. Carlota Guy - retired; active in Womans' Club etc. 5. Doris Ottman - retired business owner 6. Barbara Kessener - retiree 7. Jack Trystman - California Sr. Assemblyman 8. Helen Blanchard - retired secretary - volunteers at Chamber of Commerce U Shirley Koppelman- Gillig - Pres of Sr. Citizen Club /0 - /_ NII� t jam: nAIists \taskforc.sr