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1998 DEC 01 CC PACKET - 2
EL SEGUNDO CITY COUNCIL MEETING DATE: December 1, 1998 AGENDA ITEM STATEMENT AGENDA HEADING: Unfinished Business AGENDA DESCRIPTION: Preliminary Design Study for City Groundwater Development Program and authorization to Inlbate real estate acquisibon process (fiscal Impact = $63,539 73) RECOMMENDED COUNCIL ACTION: 1 Conceptually approve the Study 2 Appropriate funds and approve payment of $32,539 73 for costs connected to changing location of pilot well 3 Direct staff to Initiate the process for Identification of site(s) consistent with the study 4 Appropriate $31,000 00 from Water Fund Reserves 5 Approve proposal from Robert Bein, William Frost and Associates (RBF) for $31,00000 with authorization to execute the necessary consultant contract INTRODUCTION AND BACKGROUND: On May 5, 1998, the City Council approved a proposal from Robert Bein, William Frost and Associates (RBF) to perform a preliminary design study for the development of a City water well The study is now complete and Mr Mike Rudinica from RBF will present the significant elements of the report DISCUSSION: A copy of the Preliminary Design Study - Groundwater Development Program - November 1998, has been provided to the City Council Members as well as on file with the City Clerk and In the City Library, The report evaluates various Issues associated with the installation of a water supply well and discusses the options available to the City The study concludes that the production of groundwater by the City is viable and can provide the City with some protection from rising MWD costs and emergency supply in case of a disaster or failure of the MWD system (Discussion continues on the next page....) ATTACHED SUPPORTING DOCUMENTS: Letter proposal from Robert Bein, William Frost and Associates dated November 24, 1998 FISCAL IMPACT: Operating Budget: Capital Improvement Budget: Amount Requested: Project/Account Budget: Project/Account Balance: Account Number: Project Phase: Appropriation Required: Property evaluation $63,53973 Date: Page 1 of 2 N \COUNCIL \PW- DEC0105 (Tuesday 11/24/98300 PM) 154 DISCUSSION: (continued) Early in the preparation of the design study, it was determined that the original location for the pilot well was probably not suitable An alternate site In the vicinity of Douglas Street and Mairposa Avenue was selected Asa result of this change, an additional cost of $32,539 73 was Incurred by the consultant Staff recommends the Council approve payment of the additional cost and appropriation of the funds from Water Fund reserves The next phase of the project would be to Initiate the process for Identifying prospective sites for locating the well and treatment facilities RBF has submitted a letter proposal Indicating a cost of $31,000 00 (identified as categones 2 and 3) to take the City through this phase This effort would be to evaluate the sites that maybe available to the City, develop with the City a specific recommendation for siting the facilities and identification of the associated costs In order to proceed with the next phase of the project, the City Council will need to approve RBF's letter proposal dated November 24, 1998, and appropriate $31,000 00 from Water Fund Reserves Page 2 of 2 N \C0UNCIL\PW- DEC0105 (Tuesday 11/24/98300 PM) S,5 NOV -24 -98 02 20PM FROM -WATER RESOURCES + T -997 P 01/04 F -814 ROBERT BaN, WXuum FROST & A ssoc m PROFESSIONAL ENGINEERS, PLANNERS 8 SURVEYORS November 24, 1998 JN 34630 Mr. Ed Schroeder Director of Public Works CPPY OF EL SEGUNDO 350 Main Street El Segundo, CA 90245 Subject: Addendum No. 1 - Additional Services for the City of El Segundo's Local Groundwater Supply Project Dear Mr. Schroeder: As we discussed at our coordination meeting held on November 18,1998, RBF has completed the pilot well and water quality treatment study for the City of El Segundo's Local Groundwater Supply Project. As discussed at this meeting the City requested RBF to provide costs for three (3) categories of services. These categories are as follows: Category 1: Change of work due to moving the pilot well site; Category 2: Land appraisal services; and Category 3: Continued RBF coordination with the City for an additional 2 to 3 months. The following further describes each of these categories. CATEGORY 1: During the course of the project, additional costs not originally envisioned were incurred due to moving the pilot test well site from the City's property at South Douglas Street to the Douglas Street right -of -way at Mariposa Avenue_ The table on the following page summarizes these additional costs. Please note that the costs fisted below are entirely subconsultant costs incurred due to moving the site: 11-\ 4RP13TI )ATAU4n301CORRWad.ndunwessional Semtce Since 1941 14725 ALTON PARKWAY IRVINE, CA 92610 -2069 • PO BOX 57057 IRVINE CA 92519 -7057 • 949 472 3505 • FAX 949472 x373 OFFICES LOCATED TmROUGnOUT CALIFORNIA ARIZONA AND NEVADA - WEB SITE w rot com I SL NOV -14-88 02.20PN FROM -WATER RESOURCES + T -887 P 03/04 F-814 Addendum No 1 November 24,1995 Pup 2 ITEM NO. DESCRIPTION COST 1 Additional Drilling Expenses Nitetime site security during drilling: Repair Asphalt fiU area: $ 7740.00 $1500.00 2 Traffic Control $23,299.73 3 Fence Rental $584.50 4 Generator $4,772.21 5 Diesel Axel $96230 6 Electri6an $1,228.18 Submanultant's total cKtra work: $40,086.92 However, RBF incurred lower labor costs through efficient management of the project than was originally projected when developing the project scope of work. We can apply the additional costs incurred for item no 's 3 through 6 to the original project budget. Therefore, the total additional costs requested under CATEGORY 1 is $32,539.73. CATEGORY 2 and CATEGORY 3 To date, RBF has completed the conceptual study phase of this project, which identified the need to further investigate alternative sites for the future domestic water well and nanofiltranou treatment facility. Testing performed at the pilot well site strongly indicates that a sustainable aquifer yield sufficient to supply the City with 1,000 gallons per minute (gpm) of water is available. Additionally, testing shows that the ground water is of good quality and can be economically treated using nanofiltration technology to meet all state drinking water standards. Therefore, the City is interested in obtaining a permanent site for the well and treatment facility near the pilot test well location. To that end, the City has requested that RBF provide additional services for locating potential well and treatment plant sites. Services will include identifying alternarive site locations and laud appraisals. This work will be performed per the direction of the City. We anticipate this work to include the services of an appraiser, as well as continued coordination between RBF and the City for the next two to three months_ The following table lists the additional services envisioned for this phase of the project. Please note that the budget listed for appraisal services is still prehmmary and will need to be finalized hArRP13U'DATA\34OCkCORR\ ddmdaarpl ISM NOV -24 -08 03 36PM FROM -WATER RESOURCES + T-002 P 02/02 F-821 Addendum No. l No%vmber 24.1998 Page 3 upon approval from the City. CATEGORY DESCRIPTION BUDGET 2 Appraisal Services $25,400A11 3 RBF Continued coordmanou through February, 1999 2 additional meetings $2,000,00 Additional project coorduutuna (40 hours anticipated) $4,ot10.00 Total Category 3 $61000.04 TOTAL. CATEGORIES 2 AND 3: $31,000" I hope that this addendum meets with your approval. If you have any quesuons, please do not hesitate to call me at (949) 855 -3621. Sincerely, Michael P. Rudmica Btecutwe Vice President W. A_ Frost H %GR?13WAATA"301C0RRV 44cuqum *pd lsg EL SEGUNDO CITY COUNCIL MEETING DATE: December 1, 1998 AGENDA ITEM STATEMENT AGENDA HEADING, Committees, Commission, Boards AGENDA DESCRIPTION: Fiscal Impact, $2,200 Final recommendations of the Senior Task Force RECOMMENDED COUNCIL ACTION: Receive and file the Senior Task Force Report and appropriate $2,200 from unappropriated reserves to implement task force recommendation INTRODUCTION AND BACKGROUND: On July 21, 1998 the City Council created a 60 -day Senior Task Force The Task Force direction was to review the current level of services and programs being offered to the senior citizens of El Segundo and to make recommendations for possible changes or additions to that programming The Task Force met and reviewed the current level of services and programs being offered and found these to be very substantial The Task Force did have several recommendations to better serve various needs of El Segundo senior citizens Staff has implemented some of the non - monetary recommendations These include • Expanding advertising by sending information regarding senior activities to churches and temples • Feature various Outreach services each month in the monthly Joslyn newsletter On October 6, 1998 City Council approved the following items • The development and mailing to all El Segundo residents 55 years and older an informational flyer and phone sticker to promote all city and countywide transportation services, the services being offered through the city's Outreach Office and a new Senior /Disabled Helpline number • Designated the Outreach phone number as the Senior /Disabled Helpline number • Implementation of a weekly shuttle to the Lucky's Grocery Store located on Sepulveda Boulevard, dust south of Marine Avenue DISCUSSION: The following items highlight recommendations of the Senior Task Force Senior Task Force remain in place for one year and meet quarterly to access progress and services offered to seniors Print and direct mail the Joslyn Center's January newsletter to all senior residents 55 and over, to promote activities and services Cost $1,700 Print flyers about activities geared to seniors with larger type for reading ease Cost $100 Develop and publish an informational piece on the Joslyn Center and its history Cost $400 Make Recreation I D cards available to El Segundo Resident seniors over 62 years of age free of charge A- Senior Task Force Report B- Summary of activities and services FISCAL IMPACT: (Check one) Operating Budget: X Capital Improve Budget: Amount Requested: $2.200 Account Number: 001 -400- 5206 -6205 Appropriation Required - Yes x No_ ORIGINATED: Date: November 23, 1998 Gala Burkholder, Recreation Supervisor REVIEWED BY: Jim Fauk Director REVIEWED BY: 01 Date: Mary Strenn, City Manager ACTION TAKEN: 981201 TF (J123 /9810 15am 159 oo 5 Attachment A SENIOR TASK FORCE REPORT At a City Council meeting in July of 1998, there was an expression made from the community in regards to the lack of services being offered to the senior citizens of El Segundo At a subsequent City Council meeting on August 4, 1998, the City Council decided to appoint a ten - member Senior Task Force This task force is comprised of senior residents in addition to Recreation and Parks Department staff, Council member Nancy Wermck and Mayor Mike Gordon and was established to review current senior programming and the need for possible changes or additions to that programming The sixty-day task force convened three tunes September 9, September 24 and October 14 Many of the current senior program and service opportunities for El Segundo seniors were reviewed (See attached list.) The consensus of the task force was most of the current levels of programming and services being offered through the Recreation and Parks Department were very comprehensive It was felt that the priority was to better inform the community of the services and programs being offered In addition, the members of the Senior Task Force expressed several additional suggestions and recommendations to better serve a variety of their needs Some of the recommendations have already been approved by City Council and are in the process of being implemented by staff These include • EXPANDING THE CURRENT MARKETING STRATEGY This marketing strategy is to include designing a new 11" X 17" informational flyer (enclosed) This flyer will promote all available city and countywide transportation services, as well as services offered through the Outreach Office for qualifying senior and disabled residents The transportation services to be highlighted will include all City mall and grocery shopping shuttle services, Dial -A -Ride, Outreach Office volunteer drivers and the County ACCESS program The Outreach services described will be "Home Delivered Meals ", "In- 1 Ita hRP_0o2 Home Services" and "Information and Referral " The Outreach Office phone number, 322- 9033, will be advertised as the Semor/Disabled Help Line number to receive access to various information, referrals or various services In addition to this flyer, a telephone sticker will be printed highlighting the Semor/Disabled Help line number These two items will be matted to all El Segundo Residents 55 years and older These mailings will be handled through a mailing house The cost of this marketing campaign is $2,300 which includes flyer printing, purchasing a database disc of El Segundo semors 55 years and older and direct mailing Council approved this expenditure at the October 60' Council meeting • IMPLEMENT A WEEKLY SHUTTLE TO LUCKY'S GROCERY STORE This weekly shopping shuttle to Lucky's grocery store located on Sepulveda Boulevard, Just south of Marine Street, was recommended due to the task force's consensus and the many requests received at the Joslyn Center Shopping at Lucky's is of interest to many semors and those with disabilities because this market is small which makes it easier for them to accomplish their shopping needs. This market trip can be accommodated on Saturdays by requesting an additional $900 from the County for Proposition A funds. Council approved for staff to make this request at the October 6h Council meeting This shuttle will be unplemented upon approval from the County • EXPANDED PRESS RELEASE DISTRIBUTION TO INCLUDE CHURCHES AND TEMPLES El Segundo churches and temples have been included in the current publicity list Publicity avenues now include El Segundo Community Cable, local newspapers, the City Newsletter, Joslyn flyers, Joslyn monthly newsletter and Recreation and Parks Department brochure 2 I W -k p- 00 7, • THE MONTHLY JOSLYN NEWLETTER TO INCLUDE OUTREACH AND TRANSPORATION SERVICES Beginning with the November newsletter, a single outreach or transportation service will be highlighted each month to increase the El Segundo semors' awareness of how to access various transportation and outreach services The following is a complete list of the suggestions and recommendations made by the Senior Task Force Some of these items have already been unplemented as previously noted The rest of the items are pending Council consideration and action at this tune The Senior Task Force will reconvene to review the progress of this new promotion strategy and the shopping shuttle at a future date to be set by council This is the list compiled through consensus- SUMMARY OF THE SENIOR TASK FORCE OVERALL RECOMMENDATIONS AND SUGGESTIONS: • Increase the awareness of Outreach and Transportation services available to El Segundo semors by designing an informational brochure and mailing it directly to their residents The cost is $2,300 • Expand shopping opportunities There have been requests for grocery shopping within walking distance of many semors and a shopping shuttle to another grocery store in addition to the current shuttle to Ralph's. Staff and council are exploring the development of a grocery store to be located on the west side of El Segundo Council approved requesting Prop A funds from Los Angeles County in order to offer a weekly shuttle to the Lucky's grocery store located on Sepulveda Boulevard at Marine Street The cost of implementing this shuttle is $900 per year 3 !6C -p P- o04 • Designate and advertise one phone number to serve as a Semor/Disabled Helpline. (The Outreach Office number, 322 -9033 was selected ) No additional costs needed • Expand communication about various senior activities by mailing the Joslyn Center's January newsletter to all senior residents (Currently the newsletter is available for pick -up at the Joslyn desk) The cost of this printing and processing and mailing for one month is estimated to be approximately $1,700 • Send information about senior activities to churches and temples in addition to the newspapers, City quarterly newsletter, brochures, flyers, cable and press releases The cost of this service is minimal • Print flyers about activities geared to seniors with larger type for reading ease Additional printing and paper costs will be under $100 per year • Highlight various Outreach services each month in the monthly Joslyn newsletter No additional costs needed • Research the possibility of increasing the City Minor Home Repair loan program to seniors from the current allotment of $5,000 (The CDBG loan comnmttee developed gmdelines for loans to benefit the largest number of people while being fair in distributing the funds. If the funding cap were increased, the result would be a fewer number people being served At this time, CDBG city staff recommends that the funding cap of $5,000 not be increased because 1 ) The repairs are to be minor in nature and, 2 ) There are more requests from qualifying residents for funding in any given year than the current annual 1(-�13 R P -oo5 allotment of CDBG funds can accommodate Currently, there is a waiting list for qualified residents to receive Minor Home Repair Program loans ) • Institute a farmer's market within El Segundo City limits (Staff and council are currently working on this prospect.) • Provide Recreation/Park cards to El Segundo resident seniors over 62 of age free of charge The current annual fee for semors is $2 00 The cost of issuing free cards to residents over age 62 is approximately $1,000. • Develop panted information about the history of the Joslyn Center that distinguishes itself from the Park Vista Senior Housing The cost of printing this informational flyer is under $400 • Install more U S postal mailboxes throughout the community for easier access. (The Postmaster has agreed to install four additional mailboxes ) • Have the L A County Access Services applications available at the Outreach Office and offer assistance in filling -out the applications (The Outreach Staff currently has the applications on hand and can assist in filling -out the applications. The form would then be marled to Access Services Those wishing to prepare the form individually can call the toll -free Access Services number as listed in the Outreach/Transportation flyer directly themselves to receive an application in the mail. Therefore, homebound residents can complete and mail the application without having to leave their home Access Services will send someone to his or her home to access the need ) 5 1 L 4 -R p_o©6 • Allow the ability for phone calls to be transferred from the Outreach Office to the Joslyn Center City staff is currently in the process of implementing this ability • Have a story put in the El Segundo Herald regarding Outreach and Transportation services when all program additions and changes are determined (City staff will contact the El Segundo Herald to request interviews of the members of the Senior Task Force and will submit a press release to be run in the paper ) The cost of implementing the additional items not currently appropriated totals $2,200 Specifically these items include the following• • January newsletter • Larger print flyers • Recreation/park cards for resident semors • Joslyn informational flyer $1,700 $100 $1,000 (loss revenue) $400 It is the feeling of the Senior Task Force that issues may change during the course of the next year Thus, the Senior Task Force recommends that they reconvene quarterly for one year to assess the need for changes impacting the semor residents of El Segundo The next suggested Senior Task Force meeting is tentatively scheduled for Wednesday, January 13 at 430 p.m at the Joslyn Center, 339 Sheldon Street if approved by City Council. I ('� F P-oo 7 The recommendations and suggestions of the Senior Task Force are a result of the cooperative efforts of the following Senior Task Force members Helen M Blanchard Loretta Frye Nick Gerenday Carlota Guy Shirley Koppehnan-Gilhg Barbara W Kessener Donna M McCarthy Dons I Ottman Jack M Trystman Mona Wenzel The Council members assisting the Task Force are Mike Gordon, Mayor Nancy Wermck, Councilmember The City staff assisting the Task Force comprised of Gala Burkholder, Recreation Supervisor Judy Andoe, Recreation Superintendent Jun Fauk, Recreation and Parks Director These cooperative efforts of the Senior Task Force are helping to make those "Golden Years" that much more golden in El Segundo Thank you to all Respectfully submitted Gala Burkholder Recreation Supervisor El Segundo Joslyn Center and Aquatics I �, (� R P -°off' Attachment B JOSLYN CENTER ACTIVITIES CURRENTLY BEING OFFERED AND HOURS OF OPERATION HOURS Monday - Thursday Friday Saturday Sunday CLASSES 800am -900pm 800am -500pm 1000am -330pm 1130a.m -400pm Line Dancing Dance & Stretch/Easy Exercise Muscle Strengthening Tai -Chi Ch'uan P A C E (People with Arthritis Can Exercise) Ceramics Family Photo Heirlooms Painter's Drop -m Studio Stained Glass Drop -in Studio Quilting & Crafts Stained Glass Watercolor SPECIAL ACTIVITIES At the Movies Better Living Series Billiards California's Gold Series Discovery Series Elderfest 55 Alive Mature Driving Program Flu Shot Clinic Friendship Tea Horseshoe Pit 1 Garden Club Lawn Bowling Lending Library/Big Screen T V Striders - Walking at the Beach Tax Assistance Widows Friendship Group SENIOR CLUB ACTIVITIES Bmgo Board Meeting Bowling Bridge Canasta Creative Handwork Holiday Craft Fair PotluckBusmess Meeting Saturday Night Dances OUTREACH SERVICES Information and Referral - Housing, Transportation, Employment, Social Security, Legal Aid In -Home Service Care Home Delivered Meals Volunteer Opportunities TRANSPORTATION SERVICES Dial -A -Ride Mall Trips Ralph Shuttle Produce Market Trip 2 IL, g -AV -010 TRIPS (Summer `98 Trips) The Will Rogers Follies at Lawrence Welk Village The Getty Center Tour Ventura County Fair Hollywood Bowl Tango Magic with Fireworks Dodgers vs Giants Apple Picking in Julian (Fall '98 Trips) Aquarium of the Pacific Tijuana Christmas Shopping at South Coast Plaza Radio City Christmas Spectacular Starring the Rockettes (Wmter'99 Trips) Van Gogh Masterpieces at L A County Art Museum Santa Anita Race Track The musical "Titanic" at the Ahmanson Vintage Tram Ride in Fillmore (Spring '99 Trips) Pasadena Design House & Old Town "Surprise Trip" Catalina Island i (a q -R P -o/l ACTIVITIES AT OTHER LOCATIONS SENIOR CITIZEN HOUSING Park Vista Housing Complex URHO SAARI SWIM STADIUM Swmmastics Private Swim Lessons Adult Lap Swim Recreation Swan Master's Swun Team Water Walking FINANCE DEPARTMENT MTA Bus Passes FIRE DEPARTMENT C P R Training and First Aid Training PLANNING & BUILDING SAFETY DEPARTMENT Minor Home Repair Program POLICE DEPARTMENT Vacation Security Check R S V P Program Earthquake Preparedness Home and Business Security Surveys MISCELLANEOUS PROGRAMS Senior Citizens are also welcome to many other activities and programs available to adults in the area of general recreation classes, sports, cable studio, special events and library services 0 1-70 I� P- 0 1,E O O 2 m D T A O m 00 m m m II T II II O ^ .m1 Oc y D�1 n n w z m D T v g" O 1 ° u m x NO w ? m o. 0 ry m N O N Z mvm 0- ?3 W D ao� m_ mac m c C�gx �+ n o° m s �l m 0°- Ur , c m m m m � °. m m ' m¢ , ^, C, m = N N .\ m m R s m 3 a m J S m N 4 m of a m ry_ p [1ryf qp qp (p� {p� p (,p1 ^� '^ 6 m m n a Ib C m. ON i y N+ W+ U+ N N J 8 d N+ 10 m W g J m c m C T y m 0, O m K m ,< 'Z � ,3 a� ol e ur m 'O3 ! m n �nam n q 2 C 6 O �^O AF rmG1 T nnD 322 aa() D DN O c m m m m Q = g m .cy 'D �1�p D00Dnv(Yyln�i (jyn,SD Z �3 �A s rc_d i� H m H y OZ Z mmF=u 1MF> ND9j m T �� CO 33 c g y m g y O p t m O c m_; Q p y r 3 a 3 2pm S N mm ,w3 (m� z c. v Z "� �Z a ~-pI ^Jmm yN T v 3 m m 3 E< m m a O C m m t D < Q< 0 = O Z Z ,Fl =� p X O o (n�a vmi m > > o A n c cZ L Dac r ZmfA �(Z/i Nyy Nm c1Cm11l1 T (. m s m� m C o f m Z yy yCp�1mm lM 0 Dm O DA� mm y 0 TTD(/I ZO Z(� >� T b d m d a• N C Z Z 0 11x1 m N T# T �> -i ti 0 Z -1 3 m ? H ° m Amy -1°om< y mcu z000Dxp 9z O° z OZZZy D V a m s a !R F - q m p N 2 r C O C . 3 O Y fir i a m < G ti N 43 00 c m z g S n � N O m ° < < m ^ m ^amg � m n a mmQ N_ 7 ^ x < g <7 d -] g m _ a n m m O m � v m D N m a L �d d O f0 0 d S O N O N N O fJ d m u °m gm w� w gins ggg$'Imi �' .T N `V J m 0 m 0 0 �' O n O O m m m T n n n N N N a m m g O D O m r m D O O Z x 3 y m z m O O 2 m O m m .l1 'T T o5r ` m a xn O O m N Nc mZ T 0 c Z O 171 6 CITY OF EL SEGUNDO PAYMENTS BY WIRE TRANSFER 11/10/1998 THROUGH 11/23198 natP 11/10/98 11/13/98 11/13/98 11/13/98 11/18/98 Payee Amount Health Comp IRS Employment Development Employee Bond Purchases Health Comp DATE OF RATIFICATION, 12/01198 TOTAL PAYMENTS BY WIRE* Certified as to the accur y of the a transfers by City Treasurer 60299 152,762 10 29,266 32 20000 1,62503 184,456 44 Finance Director �a / v /���ti��l� t l &Ally City Manager /3/L( Description Weekly eligible claims 11/7 Federal Payroll Taxes PR 11 State Payroll Taxes PR 11 Employee Bond PR 11 Weekly eligible claims 11/13 184,456 44 Information on actual expenditures is available in the City Treasurer's Office of the City of El Segundo 179 MINUTES OF THE ADJOURNED REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, NOVEMBER 17, 1998 - 5:00 P.M. CALL TO ORDER Mayor Gordon at 5 00 p in PLEDGE OF ALLEGIANCE - Mayor Pro Tem Sandra Jacobs ROLL CALL Mayor Gordon Mayor ProTem Jacobs Council Member Wernick Council Member Gaines Council Member 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 Individuals addressed Council CLOSED SESSION: The City Council moved into a closed session pursuant to applicable law, including the Brown Act (Government Code §54950, et set ) 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 Fenwick v Civil Service Commission and City of El Segundo, 2 Civil B121282 and Los Angeles No BSO44667 4 El Segundo v Kilroy, LASC Case No YC 031166 5 Solis v City of El Segundo, LASC Case No YC 029626 6 City of Los Angeles v El Segundo, LASC No BC034185 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) -4- matters DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957) — None CONFERENCE WITH CITY'S LABOR NEGOTIATOR - (Gov't Code §54957 6) — None 1-73 7 CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956 8) — None REPORT OF ACTION TAKEN IN CLOSED SESSION (1f required) ADJOURNMENT at 6 55 p in Cindy Mortesen, City Clerk I I 17985 MINUTES CITY COUNCIL ADJOURNED REGULAR MEETING -�'7 NOVEMBER 17, 1998 - 5 00 P M / JI PAGE NO 2 MINUTES OF THE REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, NOVEMBER 17, 1998 - 7:00 P.M. Next Resolution # 4100 Next Ordinance # 1289 CALL TO ORDER Mayor Gordon at 7 00 P M INVOCATION - Pastor Tracy Granoff, Hope Chapel PLEDGE OF ALLEGIANCE - Mayor Pro Tern Sandra Jacobs PRESENTATIONS (A) Mayor ProTem Jacobs presented Certificates of Recognition to Helen Dobos, and Mike Russell, for their contributions to the community as longtime employees of Rea's Hardware Store (B) Council Member Gaines presented a Proclamation to Frank Godoy, Manager, and Myron Hardole, President, Hacienda Hotel, declaring November 24, 1998 as The Hacienda Day in El Segundo in recognition of the Hotel's 25th anniversary in El Segundo (C) Council Member McDowell presented a Certificate of Commendation to Fire Chief Craig Pedego on behalf of the El Segundo Fire Department for its "SAFE HOUSE PROGRAM" which permits the City to have established safe havens for the protection and assistance of community children (D) Council Member Wernick presented a Proclamation to Father Alexei Smith, Julie Stolnack, and Members of the Cub Scouts declaring Saturday and Sunday, November 21 and 22, 1998, as "Scouting for Food Drive for CASE " (E) Mayor Gordon presented a Certificate of Commendation to Peter Loye, and Players of AYSO for a successful season, and extended an expression of community pride in the accomplishments of the team with thanks for the fine publicity brought to the community by their good sportsmanship and inspired team play ROLL CALL Mayor Gordon - Present Mayor ProTem Jacobs - Present Council Member Werruck - Present Council Member Gaines - Present Council Member McDowell - Present MINUTES CITY COUNCIL REGULAR MEETING NOVEMBER 17, 1998 - 7 00 P M PAGE NO 1 1-7S 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 ofanother, 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 Nine (9) individuals addressed Council Bill Mason, President, Chamber of Commerce, announced the Christmas Tree Lighting, Holiday Parade, and Chamber Mixer beginning in December Ryan Mosma, Tree Muskateers, invited the community to a tree planting ceremony on Memory Row November 22, 1998, at 1 00 p in Dorothy Kent, Dune Street, spoke regarding airport issues Gale Segers, Chairperson of Candy Cane Lane, requested that the City Council consider donating the same level of City assistance for the December 12 -23, 1997 program in the 1200 block of Acacia Avenue as in previous years (Fiscal impact $125 hard cost for snow material from budgeted account ) MOVED by Mayor ProTem Jacobs, SECONDED by Council Member McDowell, to approve the request for assistance on December 12-23,1998, for Candy Cane Lane MOTION PASSED BY UNANANIMOUS VOICE VOTE. 510 Jack Trystman, California Senior Legislator, recognized Heidi Maerker and the El Segundo Herald for their dedicated service to the objectives of the California Senior Legislature Sandra Mason, resident, addressed airplane early turns, the new contract answering system for airport complaints, the proposed water well, and buses using Eucalyptus and Holly instead of Franklin Liz Garnholz, resident, spoke regarding airport related matters John Dole, Cassidy & Associates, presented a brief overview of their company and gave a brief explanation of their efforts on the Douglas street extension He also introduced his team members, Dan Tate, Vice President, Valane Osborne, and Maureen Walsh Frank Wong, resident, requested a status report regarding the contract attorney's findings regarding the LAX expansion Mayor Gordon stated that an update report would be forthcoming, and advised that part of the strategy is to unite surrounding cities A. PROCEDURAL MOTIONS Consideration of a motion to read all ordinances and resolutions on this Agenda by title only MOVED by Council Member Wernick, SECONDED by Council Member Gaines, to read all ordinances and resolutions on this Agenda by title only MOTION PASSED BY UNANIMOUS VOICE VOTE. 510. MINUTES CITY COUNCIL REGULAR MEETING NOVEMBER 17, 1998 - 7 00 P M PAGE NO 2 —7 I B. SPECIAL ORDERS OF BUSINESS - City Attorney Mark Hensley, advised notification was received after the posting of the agenda, from Hughes requesting an extension for display of their Direct TV sign for a period of time He asked if Council wished to discuss this as an urgency item MOVED by Council Member McDowell, SECONDED by Mayor ProTem Jacobs, finding the need arose subsequent to the posting of the agenda, to add to the agenda for discussion and possible action of Hughes' request for consideration of an extension of display of their Direct TV sign until December 31, 1998 MOTION PASSED BY UNANIMOUS VOICE VOTE. 510. MOVED by Mayor ProTem Jacobs, SECONDED by Council Member McDowell to approve Hughes' request to extend the duration of the Direct TV sign for six weeks, to December 31, 1998 MOTION PASSED BY UNANIMOUS VOICE VOTE. 510. Hold a public hearing to receive public testimony regarding a proposed January 1, 1999 increase in Paramedic Transport Fees for non - residents Mayor Gordon stated this is the time and place hereto fixed for a public hearing on the proposed January 1, 1999 increase in Paramedic Transport Fees for non - residents He asked if proper notice had been given and if any written communications had been received Clerk Mortesen stated that proper noticing had been given by the Clerk's Department and no written communications had been received Mark Hensley, City Attorney, corrected Section 1 of the Resolution to include "for non - residents " Fire Chief, Craig Pedego, gave a brief staff report One individual addressed Council. Liz Garnholz, resident, stated she is pleased that the increased fees are for non - residents only Council consensus to close the public hearing Council consensus for staff to investigate the possibility of contracting with an outside service to handle the insurance billing City Manager, Mary Strenn was authorized to formalize the process with an acceptable firm City Attorney Mark Hensley read Resolution No 4100 by title only MINUTES CITY COUNCIL REGULAR MEETING NOVEMBER 17, 1998 - 7 00 P M PAGE NO 3 -7-1 RESOLUTION NO. 4100 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, AMENDING RESOLUTION NO. 3477, AND RAISING THE PARAMENDIC TRANSPORT FEE SCHEDULE FOR NON - RESIDENTS. MOVED by Council Member McDowell, SECONDED by Council Member Wernick, to approve Resolution No 4100, as amended by the City Attorney, raising the Paramedic Transport Fees for Non - Residents MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 C. UNFINISHED BUSINESS - D. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS 2 Final recommendation of the Downtown Task Force A report was presented to Council and the Public with several recommendations MOVED by Mayor Gordon, SECONDED by Council Member McDowell, to direct staff to 1) engage a hotel feasibility study regarding the possibility of development of a bed and breakfast at the Ralph's downtown site, 2) report and recommend planned changes for the Civic Center, 3) create a farmer's market action plan, and 4) place a six month moratorium through a proposed ordinance, that any professional services to be located on Main Street create a mixed use for retail use MOTION PASSED BY UNANIMOUS VOICE VOTE. 4/0/1. Mayor ProTem Jacobs not - participating Council Member Gaines stated he would like these plans identified in the mid -year budget It was the consensus of the Council that Council Member Nancy Wernick and Mayor Gordon be authorized to comprise a subcommittee to further consider a specific plan and to report back to Council Final recommendations of the Business Task Force A report was presented to Council by Peter Zimmerman, Hughes Electronics MOVED by Council Member Wernick, SECONDED by Mayor ProTem Jacobs to 1) establish a database of businesses currently operating within the City through an amnesty program and use of the City's Business License software system, 2) select an audit team and management team to conduct and coordinate the business license audit, 3) select a sample of businesses to audit, 4) determine a fee structure to compensate the audit team with a flat fee, rather that a percentage, 5) develop an appeals process for businesses, and 6) develop enforceability and recovery procedures for the City MOTION PASSED BY UNANANIMOUS VOICE VOTE. 5/0. City Manager Mary Strenn introduced the new Finance Director, Bret Plumlee, to the Council MINUTES CITY COUNCIL REGULAR MEETING NOVEMBER 17, 1998 - 7 00 P M PAGE NO 4 1 ig 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 2253192- 2253465 on Demand Register Summary Number 08 in total amount of $1,432,151 36, and Wire Transfers in the amount of $1,031,172 28 PULLED FOR DISCUSSION BY COUNCILMEMBER WERNICK Award Contract No 2656, to Coast Roof Company for re- roofing of the Joslyn Community Center — Project No PW 98 -7 (contract amount = $51,36100) Authorize the Mayor to sign the standard public works construction agreement after approval as to form by the City Attorney Authorize a transfer of $20,000 00 within the Facilities Maintenance Fund to the Joslyn Community Center Re- roofing project 7 Award of Contract No 2657 to Howard Ridley Company for installation of skid - resistant flooring for Fire Station No 1 — Project No PW 98 -9 (contract amount = $16,000 00) 8 PULLED FOR DISCUSSION BY COUNCILMEMBER WERNICK 9 Proposed revision to class specification for the job classification of Fire Engineer 10 Examination plans for the Personnel Merit System job classifications of General Services Manager and Police Sergeant MOVED by Council Member McDowell, SECONDED by Council Member Wernick, to approve Consent agenda items 4, 6, 7, 9, and 10 MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0. CALL ITEMS FROM CONSENT AGENDA City Council meeting minutes of November 3 and 4, 1998 City Clerk to attest to the minutes of November 3, 1998 MOVED by Council Member Wernick, SECONDED by Council Member McDowell, to approve the meeting minutes of November 4, 1998 MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0. Adoption of Youth Employment Plan Agreement No 2658 to comply with the provisions of Los Angeles County Safe Neighborhood Bond Act Item continued to identify El Segundo Youth who will participate in this program MINUTES CITY COUNCIL REGULAR MEETING NOVEMBER 17, 1998 - 7 00 P M PAGE NO 5 1-79 F. NEW BUSINESS - CITY MANAGER - NONE 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 Council Member McDowell - 11 Reduction of Fee Required to Appeal Zoning Decisions Concerning a Citizen's Principal Residence This item was continued to the December 1, 1998 City Council meeting Spoke regarding his attendance at surrounding cities' Council meetings regarding the LAX expansion - Councilmember Gaines - Stated he is available to answer questions regarding the airport at any time, reported on his trip to Washington D C , and requested an update on the traffic at the intersection of Main and Pine Street - Councilmember Wernick - Spoke regarding dedication of Veterans Park in Manhattan Beach, and requested that Staff look into having the Traveling Memorial Wall in El Segundo Mayor Pro Tern Jacobs - NONE Mayor Gordon - Reported on the intersection of California and Imperial, advised that flashing lights and markings will be installed at the freeway exit within the next two months, and reported on the activities of the Scag Aviation sub - committee 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 behaljof another, and employees speaking on behalrof 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 Liz Garnholtz, resident, spoke regarding airport issues Sandra Mason, resident, spoke regarding the downtown presentations, and the lack of City parking MINUTES CITY COUNCIL REGULAR MEETING NOVEMBER 17, 1998 — 7 00 P M PAGE NO 6 I %IC) MEMORIALS - Jane Young, and Joyce Paradise CLOSED SESSION NONE ADJOURNMENT at 10 20 p in to December 1, 1998 at 5 00 p in Cindy Mortesen, City Clerk !4�l MINUTES CITY COUNCIL REGULAR MEETING NOVEMBER 17, 1998 - 7 00 P M PAGE NO 7 EL SEGUNDO CITY COUNCIL MEETING DATE* December 1, 1998 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Calendar AGENDA DESCRIPTION: Examination plan for the Personnel Merit System job classification of Police Cadet RECOMMENDED COUNCIL ACTION: Approve the examination plan 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: - REFER TO ATTACHMENT- ATTACHED SUPPORTING DOCUMENTS: FISCAL IMPACT- (Check one) Operating Budget Capital Improv. Budget, N/A Amount Requested: Project/Account Budget: Project/Account Balance Account Number- Project Phase: Appropriation Required - Yes_ No_ Date: ORIGINATED. Date: November 18, 1998 agenda 304 EL SEGUNDO CITY COUNCIL MEETING DATE- December 1, 1998 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Acceptance of the 1997 -98 slurry seal application at various locations Specifications No PW 97 -28 (final contract amount $82,415 35) RECOMMENDED COUNCIL ACTION. Accept the work as complete Authorize the City Clerk to file the City Engineer's Notice of Completion In the County Recorder's Office INTRODUCTION AND BACKGROUND: The City Council on September 15, 1998, awarded a contract for $78,442 86 to Pavement Coatings Company for the 1997 -98 slurry seal project The work Included application of an asphalt slurry seal coating on various streets within the northeast quadrant of the City's residential area as part of an annual maintenance effort to extend the useful life of the street pavement DISCUSSION• The work has now been satsfactonly completed The original contract amount was $78,442 86 The final contract amount, based on actual measured quantities, Is $82,415 35 There are sufficient funds budgeted In the project to cover the final contract amount and no additional appropriation Is required Staff recommends City Council acceptance of the work ATTACHED SUPPORTING DOCUMENTS: Notice of Completion FISCAL IMPACT: Operating Budget: Capital Improvement Budget: Amount Requested: Project/Account Budget: Project/Account Balance: Account Number: Project Phase: Appropriation Required: T Yes $85,00000 $85.000.00 $83,27622 Date: 1117/98 106 -400- 8203 -8357 Accept the work as complete No U11Ili1NA1tU� uate: I G / I N \COUNCILTW -DEC01 01 (Monday 11/23/9811 00 AM) Recording Requested by and When Recorded Mail To: City Clerk, City Hall 350 Main Street El Segundo, CA 90245 NOTICE OF COMPLETION OF CONSTRUCTION PROJECT Project Name 1997 -98 Slurry Seal Project Project No . PW 97 -28 Notice is hereby given pursuant to State of California Civil Code Section 3093 at seq that 1 The undersigned is an officer of the owner of the Interest stated below in the property hereinafter described 2 The full name of the owner is City of El Segundo 3 The full address of the owner is City Hall, 350 Main Street, El Segundo, CA, 90245 4 The nature of the interest of the owner is Public street right -of -way 5 A work of improvement on the property hereinafter described was field reviewed by the City Engineer on October 26, 1998 The work done was Slurry seal of streets 6 On December 1, 1998, the City Council of the City of El Segundo accepted the work of this contract as being complete and directed the recording of this Notice of Completion in the Office of the County Recorder 7 The name of the Contractor for such work of improvement was Pavement Coatings Company 8 The property on which said work of improvement was completed is in the City of El Segundo, County of Los Angeles, State of California, and Is described as follows 9. The street address of said property Is Not applicable (various streets) Dated Bellur K Devaraj City Engineer VERIFICATION I, the undersigned, say I am the City Engineer of the City El Segundo, the declarant of the foregoing Notice of Completion, I have read said Notice of Completion and know the contents thereof, the same is true of my own knowledge I declare under penalty of perjury the foregoing is true and correct Executed on 1998 at El Segundo, California Bellur K Devaraj City Engineer N SPECS PRJ1PW97- 28WOTICE COM (11/1098) I U s EL SEGUNDO CITY COUNCIL MEETING DATE: December 1, 1998 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Award of contract for trenchless rehabilitation of sewer mains to Preussag Pipe Rehabilitation - Project No PW 98-6 (contract amount = $112,163 50) RECOMMENDED COUNCIL ACTION- Award contract to Preussag Pipe Rehabilitation in the amount of $112,163 50 2 Authorize the Mayor to execute the standard public works construction agreement after approval as to form by the City Attorney INTRODUCTION AND BACKGROUND: The City Council on October 6, 1998, adopted plans and specifications for the trenchless rehabilitation of 18" sewer main in an easement within private properties and 12" sewer main on Loma Vista Street and Holly Avenue Staff had recommended installation of a lining material inside the sewer main without excavation rather than repairing the main by the more conventional method of accessing the main by excavating within private properties as well as public streets DISCUSSION: On November 17, 1998, the City Clerk received and opened the following bids Preussage Pipe Rehabilitation $112,16350 U -Liner West $121,10000 Cooke Pipeline Rehabilitation $129,18500 Insituform Southwest, Inc $133,15000 Engineer's Estimate $120,000.00 Staff has verified the low bidder's references and has received favorable responses regarding recently completed sewer mainlining projects Staff recommends award of contract to the lowest responsible bidder, Preussag Pipe Rehabilitation, in the amount of $112,163 50 The total estimated cost of the project, including staff inspection costs and construction contingencies, is $125,000 00 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: Yes $125.000A0 $175.000.00 $170,00000 Date: 11/18/98 301 -400- 8204 -8317 Award of contract No I b iP N kUQUNGILU'VV -1JtGU1 U4 (Monday 11/23/86 11 UU AM) iff 9 O ell s 6 1 z p n D io O Y rn 4 ONo S �— O \ s��i Ir..l C sww.r th m • $¢ N T \ • s • ��� , ' , I.LLLIIL[T IT z z `• L :a O LMA YUT. 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Sa■ GIEGO [ ILYO 1 < ° CITY Of NAWTNONNE "wY Y LOS ANGELES COLIN T IN V I$1 VI R 1 EL SEGUNDO CITY COUNCIL MEETING DATE: December 1, 1998 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Award contract to Sturgeon General for the cleaning of air conditioning duct work in the City Library - Protect No PW 98 -9 (contract amount = $14,407 00) RECOMMENDED COUNCIL ACTION: 1 Award contract to the lowest responsible bidder, Sturgeon General, in the amount of $14,407 00 2 Authorize the Mayor to sign the standard public works construction agreement after approval as to form by the City Attorney INTRODUCTION AND BACKGROUND: The City Council on October 6, 1998, adopted plans and specifications to clean the air conditioning duct system of the City Library DISCUSSION: On November 10, 1998, the City Clerk received and opened the following bids Sturgeon General $14,40700 Action Duct Cleaning Company, Inc $19,23800 Tri Dim Filter Corporation $38,50000 Engineer's Estimate $35,000.00 Staff has verified the low bidder references and has received favorable responses regarding recently completed similar projects Staff recommends award of contract to the lowest responsible bidder, Sturgeon General, in the amount of $14,407 00 ATTACHED SUPPORTING DOCUMENTS: FISCAL IMPACT: Operating Budget: Capital Improvement Budget: Amount Requested: Project/Account Budget: Project/Account Balance: Account Number: Project Phase: Appropriation Required: Yes NO $14,40700 $35,00000 $33,00000 Date: 11/10/98 405- 400 - 6215 -FAC 501 Award of contract No I p G N\COUNCUPW- DEC0103 (Tuesday 11/24/98900AM) 11 EL SEGUNDO CITY COUNCIL MEETING DATE: December 2, 1998 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Lease agreement between the City of El Segundo and R G Simpson Construction to lease a portion of City property at 630 South Douglas Street (One -time revenue of $4,600 00) RECOMMENDED COUNCIL ACTION: Approve the lease agreement and authorize the Mayor to execute the agreement on behalf of the City INTRODUCTION AND BACKGROUND: The City owns a 1 73 acre parcel located on the east side of Douglas Street, south of Alaska Avenue, which was acquired by the City for extending Douglas Street Previously, portions of the parcel have been leased to Eaton Corporation and Emery Air Freight Corporation for parking purposes As of October 31, 1998, Emery terminated their lease DISCUSSION: R G Simpson Construction is a contractor who is working on the studio project in Manhattan Beach Due to a lack of available open space on the project, Simpson Construction needs approximately 16,600 square feet of area construction assemblage and storage for the period of December 2, 1998 to February 28, 1999 They have requested the use of the City's Douglas Street property for this purpose Staff has prepared the attached agreement which is consistent with previous agreements for the lease of the property The contractor has offered to pay the City $4,600 00 for the three (3) month lease This amount is equal to the unit cost the City has previously received The City Attorney has reviewed the attached lease agreement and has approved it as to form ATTACHED SUPPORTING DOCUMENTS: Proposed City of El Segundo - R G Simpson Construction lease agreement FISCAL IMPACT: One -time revenue of $4,600 00 Operating Budget: Capital Improvement Budget: Amount Requested: Project/Account Budget: Project/Account Balance: Account Number: Project Phase: Appropriation Required: Date: 1M N =UNCIUPW -DEC01 06 (Tuesday 11124M 1 00 PM) 12 EXEMPT FROM FEES Recording Requested and when Recorded Mail to: City of El Segundo Attention: City Clerk 350 Main Street El Segundo, CA 90245 CITY OF EL SEGUNDO R.G. SIMPSON CONSTRUCTION LEASE AGREEMENT THIS LEASE, made this 2nd day of December, 1998, by and between the CITY OF EL SEGUNDO, CALIFORNIA, a municipal corporation (hereinafter referred to as "LESSOR "), and R.G. SIMPSON CONSTRUCTION (hereafter referred to as "LESSEE ") WITNESSETH 1 LESSOR does hereby lease to LESSEE and LESSEE does hereby take from LESSOR certain premises located in the City of El Segundo, County of Los Angeles, State of California, consisting of approximately sixteen thousand six hundred (16,600) square feet being a portion of Lot 22, Tract No 26557, as shown on map recorded in Book 675, Page 97, in the Office of the County Recorder of the County of Los Angeles, State of California, described as shown on attached Exhibit "A" 2 The Lease shall run for three (3) months, commencing December 2, 1998, and ending on February 28, 1999. At the expiration of the term, LESSEE will quit and surrender the premises herein leased, and the parties shall have no further rights or obligations as to each other with respect to said Lease, except as set forth herein N WGREEMNT \SIMPSON AGR (11124/98) 1 W 3 For the period commencing December 2, 1998 and terminating on February 28, 1999. LESSEE shall pay as rent for said premises, the total sum of Four Thousand Six Hundred Dollars ($4,600.00) in lawful money of the United States, payable in full, in advance, on the effective date of this agreement to LESSOR at 350 Main Street, El Segundo, California 90245, unless otherwise directed in writing by LESSOR 4 LESSEE acknowledges that it has performed its own title search and conducted its own due diligence and has received a copy of the conditions enumerated in that certain deed dated January 11, 1968, by which LESSOR acquired title to the property that is the subject of this Lease, and LESSEE agrees to comply with each and every condition so imposed in said deed during its tenancy on the above - described property 5 LESSEE agrees that access to the leased premises will be only from Douglas Street LESSOR and LESSEE agree that the intended purpose of this Lease is to provide space for construction assemblage and storage No other use is permitted on the property without the express written consent of the LESSOR LESSEE will be permitted to use existing driveways No new curb cuts or ramps shall be installed by LESSEE 6 LESSEE agrees to maintain the premises in a clean and sanitary condition LESSEE shall not place or construct any buildings and /or structures on the premises, except for a single self - contained sanitary unit and a single storage unit and a six (6) foot high chain link security fence and gate At the termination of this lease, LESSEE shall return the premises to LESSOR in the same or better condition as the premises were in as the time of commencement of this lease To guarantee the return of the site to conditions pre - existing the commencement of this Agreement, the LESSEE shall N \AGREEMNT\SIMPSON AGR (11/24/98) 2 N deposit with the LESSOR the sum of $500 00, at the time of agreement execution Deposit will be used by LESSOR to remedy any changes to the site, Including cleanup, not remedied by LESSEE Any unutilized funds shall be returned to the LESSEE after the termination of the agreement LESSOR reserves the right to spend in excess of $500 00 to restore the property and LESSEE shall be liable for any amount spent in excess of $50000 7 LESSEE shall procure and keep in effect during the term hereof a combined single limit policy of $1,000,000 for bodily injury and property damage liability LESSEE shall provide LESSOR with a certificate of insurance evidencing such insurance Said Insurance and certificate of insurance shall provide for LESSOR, its officers, agents, and employees to be additional insured but only in respect to the Leased Premises and that LESSOR shall be given (30) days' notice of any material change or cancellation of said insurance coverage, by registered mail 8 , LESSEE shall not have the right to sublet or assign the whole or any part of said premises, provided, however, that LESSEE may do so with the written consent of LESSOR Any such subletting or assignment shall not relieve LESSEE of any liability or obligation under this Lease 9 Any notice from LESSOR to LESSEE shall be deemed duly served If mailed by certified mail, return receipt requested, addressed to LESSEE at R G Simpson Construction Attention Dick Simpson 2448 Love Lane Orange, CA 92865 N VAGREEMNT \SIMPSON AGR (11124/98) 3 19 a- Any notice from LESSEE to LESSOR shall be deemed duly served If mailed by certified mall, return receipt requested, addressed to LESSOR at the address set forth In Paragraph 3 hereof Either party may change Its address to which a notice shall be sent by giving written notice of such change to the other party as provided herein 10 LESSEE recognizes and understands that this Lease may create a possessory Interest subject to property taxation and that the LESSEE may be subject to, and Is obligated for, the payment of property taxes levied upon such Interest 11 The terms of this Lease shall be binding upon and for the benefit of the parties hereto, their respective successors, representatives and assigns 12 This lease represents the final agreement of the parties with respect to the subject matter hereof and supersedes all prior written and oral agreements and understandings of the parties with respect to the subject matter hereof 13 LESSEE agrees to defend, Indemnify and hold harmless the LESSOR and Its elected and appointed officials, officers, employees, agents and servants from and against all claims, courses of actions, damages, and liabilities of whatever kind or nature, Including without limitation legal fees and costs, arising out of LESSEE'S possession or use of the premises, except In the event arising out of the future negligent acts or wilful misconduct of landlord, its agents or employees N WGREEMNT\SIMPSON AGR (11/24/98) 9 193 IN WITNESS WHEREOF, this Instrument has been duly executed as of the day and year first above written LESSOR CITY OF EL SEGUNDO, CALIFORNIA LESSEE R G Simpson Construction AN Richard G Simpson Owner Title ATTEST Cindy Mortesen City Clerk (SEAL) City Attorney Attachment Exhibit "A" Mike Gordon, Mayor City of El Segundo N VAGREEMN- nSIMPSON AGR (11/24/98) 5 10I •t N 10 N 1 1 � WJ t►� 1 �OQ �D p V t N i 1 N 5 0 no W Z W 00 Q W 0 N J � I ,00 L A 1'96Z I to 0 M r r L ;CIS W Q a� a � L �N d - 1 (�S 4 2480- - CITY nF �l SEGUNDO b 1 zv I I I I 1 I I I 1 I I T I cq I i � I 1 U to Q ?, n W FN Or U f..Fn Uo m J s 2 W 0 3 EL SEGUNDO CITY COUNCIL MEETING DATE: December 1, 1998 AGENDA ITEM STATEMENT AGENDA HEADING- Consent AGENDA DESCRIPTION Proposal that the City of El Segundo 1) extend contract #2601 with WMM Associates to contract for an architectural design survey and geotechnical investigations for the proposed site of the El Segundo Public Safety Communications Center for a cost not to exceed $25,740, subject to City Attorney approval, or 2) contract directly with technical consultants to perform these services RECOMMENDED COUNCIL ACTION 1 Approve staffs recommendation to extend WMM Associates contract #2601 by amending their scope of duties and funding schedule to include a Feld survey and mapping, as well as a geotechnical investigation and inspection services in an amount not exceed $25,740, subject to City Attorney approval, or if agreement cannot be reached, to contract directly with technical consultants to perform these services INTRODUCTION AND BACKGROUND- On May 5, 1998 the City Council approved to proceed with the development of a Public Safety Communications Center to be located adjacent the Police facility as a two story addition above the east parking lot Further, the Council approved to enter into a professional services agreement for architectural services with WMM Associates in the amount of $175,000 These funds included the design and construction documents for the addition, as well as consultant services for construction administration After receiving blueprints of the exsishng site location, the architect has advised that architectural design survey and mapping information is required to provide topographical and geotechnical data This information is necessary to establish boundaries and utility locations, as well as the exsisting soil conditions for structural foundation specifications Although WMM Associates does not perform these types of services, they are familar with the necessary information that must be obtained via the surveys, as well as the reliable companies that will conduct the inspections and testing DISCUSSION- Based upon our analysis and discussions with the architect and City staff, it is recommended that the City extend contract #2601 with WMM Associates and amend their scope of work to contract for an architectural design survey to include surveying and mapping, as well as geotechnical investigations and inspection services not to exceed $5,150 and $18,250, respectively, plus a fee of $2,340, for a total amount of $25,740 This amount was not included in the initial estimated budget as the City was unaware of this survey need The information was not requested by the archictect in their proposal as it is common knowledge among American Institute of Architects (A I A ) that this type of topographical and soil data is kept on file with the City and available upon request The City currently does not possess the necessary site information or surveys If a contract amendment with WMM cannot be reached,this action authorizes the City to contract directly with consultants to perform the survey, inspections, and geotechnical services subject to the terms as stated above It is anticipated that the City will utilize the services of Pafford and Law /Crandall, regardless of the contractural arrangment that is reached ATTACHED SUPPORTING DOCUMENTS. FISCAL IMPACT: (Check one) Operating Budget Capital Improv Budget X Amount Requested $ 25.740 Funded from approved construction budget of $1.040.000 Project/Account Budget: $ Project/Account Balance Date Account Number. 301 -400- 8207 -8378 Protect Phase PD -1 -1 of 1 - 11/23/98, 8 00 am sm 13 11/16/$8 11:11 FAX 213 382 3247 WU ASSOCIATES 11002 21/12/T998 15:26 2133813037 October 12, 1888 WWM ASSOCIATES Page 2 RBA PARTNERS INC PAGE 02 Deliverables will include a digital AutoCAD file (ver. 13) of the survey. Our fee for the survey is $ 5,150.00, as described below, payable upon delivery of the completed product. Printing other than for our own in -house use and delivery charges will be billed at cost plus fifteen percent. Field Works Mapping Locate underground conduits (Taylor Engingering, Inc.) Survey and map said conduits .• .. S 1,700.OQ $ 550.00 $ 700.00 Total $ 5,150.00 If the above hems are acceptable, please return this proposal indicating your acceptance, along with a retainer check in the amount of $ 600.00 which will authorize us to proceed. The retainer will be applied to the closing bill for our services. We hope thLs proposal meets with your approval and look forward to working with you on this most interesting project Should you have arty questions• or require additional Information, please do not hesitate to contact us. Sincerely, PAFFORD ASSOCIATES SURVEYORS Lloyd Pllchen, PLS Vice President LP /pg cc: Sgt. Brian Evanald - Fax 310 e40 -8648 19 -7 .. 1rn'nn .n nn TVIOO fin DIVA 0 nn9 •11118/88 11:11 FAX 213 382 3247 WXK ASSOCIATES 11/12/1998 15:26 2133813837 RHA PARTPO2 INC Pffxi fY=O:q0 October 12, 1988 WWM ASSOCIATES Page 3 sy: Title: Authorization and Acceptance of Proposal j`'� Firm: Dace: Q003 PAID 83 TV MV .n 417A P 11(1'4 m I .•11+16/98 11:11 FAX 213 382 3247 11/12/1'998 15:26 2133813037 WU ASSOCIATES RBA PARTNERS INC IM 004 PAGE 04 ww snen 1 I + +r +n mo C. -in TY /VY Vn 719d P 004 n wI LAW Crandall LAWGIBB Group Member AL October 26, 1998 Mr Frank Mendoza Jr. WMM Associates 3731 Wilshire Boulevard — Suite 670 Los Angeles, California 90010 Subject Revised Proposal for Geotechnical Investigation and Inspection Services Proposed Communication Center Addition 348 Main Street El Segundo, California Law /Crandall Proposal 98- 00683b.131 Dear Mr Mendoza W e are pleased to submit this proposal to perform a geotechnical investigation of the site of the proposed Police Communication Center Addition and to provide geotechnical inspection services during construction You have furnished us with plans for the project, and we have visited the site and observed the existing conditions This proposal includes a description of the proposed project, our scope of services, a schedule, and a lump -sum fee for the geotechnical investigation and a preliminary cost estimate for geotechnical inspection during construction, and has been tailored to meet the needs of the project and fulfill %our requirements However, should the outlined services not meet your expectations of the assignment, we would appreciate the opportunity to discuss your concerns and make adjustments as necessary RELEVANT EXPERIENCE We are familiar with the soil conditions in the vicinity of the site having performed numerous geotechnical investigations and earthquake ground motion studies for industrial, commercial, and school facilities throughout El Segundo A Division of Law Engineering and Environmental Services, Inc 200 Citadel Drive 01 (Dro Los Angeles, CA 90040 -1554 p� 213 -889 -5300 • Fax 213- 721 -5700 WHH Associaies—Geotec6ntcal Investigation Law/Crondall Proposal 98- (X1683 6131 October 26 1998 Our experience in the vicinity of the subject project site and with similar projects was used to the extent possible in developing the scope of our proposed investigation. PROJECT INFORMATION An addition is proposed for the existing two -story El Segundo police facility The addition will consist of a two-story communication and emergency center, with the first floor used for parking The addition is about 5,000 square feet in plan view, and will be built at the existing grade The site is currently a parking lot for the police facility The addition will be considered an essential services facility PROPOSED SERVICES \� e propose to perform subsurface explorations, laboratory testing, and engineering analyses to provide recommendations for design of foundations, for paving and floor slab support, and for earthwork Our services will consist of the following main tasks: • Subsurface explorations to determine the nature and stratigraphy of the subsurface soils, and to obtain undisturbed and bulk samples for laboratory observation and testing • A geologic- seismic hazard evaluation to satisfy the requirements of the Uniform Building Code for a essential services structure • Evaluation of the liquefaction potential of the soils underlying the site • A ground motion study • Laboratory testing of soil samples for determination of the static physical soil properties • Engineering evaluation of the geotechnical data to develop recommendations for design of foundations, for paving and floor slab support, and for earthwork for the proposed communications center addition. In addition, we will provide geotechnical inspection and testing services as necessary dunng construction Information available to us for this proposed project is limited Therefore, we have based our scope of construction and inspection services on typically required inspection services for similar projects It is anticipated that our scope of services will include the following: �°) 2 • WHH Associates-- Geotcelwcaf lmestiganon October 261998 Low /Crandall Proposal 98 -00683 6131 Grading, Excavations, Fill and Backfill inspections and observations Foundation Bottom Observation • Documentation for Geotechnical related Construction Activities and preparation of a final report presenting the results of our testing and observation. Upon the availability of plans, specifications, and a construction schedule, we will be pleased to review and revise our scope of services A more complete description of the methodology to perform the required tasks is presented in the following sections Subsurface Explorations Before starting our exploration program, we will conduct a field reconnaissance to further observe site conditions and mark the locations of our planned explorations As required by the state of California, we will also notify Underground Service Alert of the locations of our planned e\plorauons prior to drilling %%e propose to explore the site by drilling two borings to depths of 20 and 50 feet below the evsung grade using hollow -stem auger drilling equipment The borings will be drilled under the obsernauon of our field technician, who will log the subsurface conditions encountered and obtain undisturbed samples for laboratory inspection and testing We will perform standard penetration tests (SPTs) in the deeper boring We will also obtain bulk samples of the upper soils The soil cuttings will be placed in barrels and left at the site pending the results of chemical anal }ses If the analyses indicate that the soils are not contaminated, the barrels and the cuttings can be disposed of normally If the analyses indicate that the soils are contaminated, we can advise you of what special procedures will be required to dispose of the mud and soil cuttings V.e will conduct all drilling and sampling in general accordance with the applicable ASTM standards At the completion of the drilling, we will transport all samples to our laboratory where d-Oa 3 WHH Assoctales— Geotechmcal Investigation October 26 1998 Low /Crandall Proposal 98 -00683 6131 they will be examined by one of our engineers and visually classified according to the Unified Soil Classification System The health and safety of our personnel require that we be aware of any environmental contamination present on the property Accordingly, we need to be provided with any reports on the presence of such contaminants If evidence of such materials is encountered during the course of our investigation, we must stop our investigation and contact you to determine the appropriate course of action Delays and increased costs caused by such actions are not within the scope of our investigation Geologic- Seismic Hazards Evaluation The geologic- seismic evaluation will be performed to satisfy the requirements of Title 24 of the California Code of Regulation, the Guidelines For Evaluating and Mitigating Seismic Hazards to California (California Division of Mines and Geology Special Publication 117), and the California Division of Mines and Geology (CDMG) Checklist for the Review of Geologic /Seismic Reports for California Public Schools, Hospitals, and Essential Services Buildings We will review and evaluate local and regional geologic and seismologic information, including published maps, reports, research, and both instrumental and preinstrumental earthquake data records. Based on our eialuation, we will provide the following • A description of the local and regional geologic conditions in the site vicinity, • A description of the geologic materials at the site, • Pertinent geologic maps depicting the local and regional geologic setting and the topography of the site, • Information on the current and historic groundwater conditions beneath the site, • A determination of whether or not the site is in an Alquist -Paolo Earthquake Fault Zone for fault rupture hazard, • An evaluation of the potential for fault surface rupture at the site, • Information on the distances to selected faults, and the maximum credible magnitudes of active and potentially active faults in the region, 0� °3 4 • WHHAssoc iates-- GeoteehmealImesngatmn Law /Crandall Proposal 98 -00683 6131 October 261998 • The magnitudes of historic earthquakes in the region, and the distances of those earthquake's epicenters from the site; • An evaluation of the potential for liquefaction at the site, based on groundwater conditions, soil properties, and potential ground acceleration, • The site's location relative to known flood zones and dam inundation areas, • The site's location relative to the ocean or large bodies of confined water, and the anticipated effects associated with tsunamis (seismic sea waves) or seiches (oscillation waves in a body of water due to shaking or rupture); e An evaluation of the potential for slope instability or subsidence at the site; e The estimated upper bound earthquake (UBE) peak ground motion, and e The site coefficient based on Uniform Building Code criteria Ground Motion Study Site - specific response spectra for Design Basis Earthquake (DBE) ground motions having a 10% probability of being exceeded in 50 years will be determined by a Probabilistic Seismic Hazard Analysis (PSHA) Response spectra will also be determined for Maximum Capable Earthquake (MCE) ground motions having a 10% probability of being exceeded in 100 years. A PSHA analysis can take into account all known earthquake sources, and, given the seismicity recurrence characteristics of each source, the chance of an earthquake of a given size occurring anywhere on the source may be determined for any specified period of time Using ground motion attenuation relationships, the PSHA analysis can then estimate the expected ground motions for the different earthquake events, the PSHA analysis will then integrate the effects of all the earthquakes of different sizes, occurring at different sources at different probabilities of occurrence, to provide an estimate of probability of exceeding different levels of ground motion at a site during a specified period of time The response spectra will be computed for the site for the two levels of risk specified for structural damping ratios of 2, 5, and 10% of critical damping 9 61- 5 f WHHAssociates-- Creotecbnteal Inmaganon October 16 1998 Law /Crandall Proposal 98 -00683 6131 Liquefaction Evaluation The current Uniform Building Code (UBC) requires that the geotechnical report for a site include an evaluation of the potential for liquefaction and soil strength loss at the site during a site - specific earthquake Based on current practices in geotechnical engineering, the presence of liquefiable soils within a depth of 50 feet beneath a building site, with the water table above the 50 -foot depth, will have adverse structural effects on the building, and the evaluation of the liquefaction potential becomes more critical We will evaluate the potential for liquefaction based on available published data and our subsurface findings. Laboratory Testinit Our engineer will select samples for laboratory testing to determine the pertinent static physical characteristics of the soils The data obtained will be used in the necessary engineering analyses. The laboratory tests may include: • In -place moisture content and dry density determination tests for each undisturbed sample • Anerberg Limits tests for plasticity determination and soil classification • Sieve analyses for grain size distribution and soil classification • Direct shear tests on undisturbed samples and, if appropriate, on remolded samples to determine the shear strength of the materials • Consolidation tests to determine the compressibility of the materials. • Compaction tests for use in preparing earthwork recommendations Eneineerina Analvses and Report The results of our subsurface explorations and laboratory tests will be evaluated, and engineering analyses will be performed to develop recommendations for design of foundations, for floor slab and paving support, and for earthwork We will prepare a geotechnical report summarizing the data collected and presenting our design recommendations. The report will include o ©S 6 A WHH Assmiates— Geatechnical /mutigahon Law /Crandall Proposal 98 -00683 b131 October 261998 • Results of the subsurface explorations and laboratory tests, with a description of the soil and groundwater conditions encountered. • Recommendations for design of foundations to be used for support of the proposed communications center addition, including allowable increase for wind or seismic loads • Estimated settlements for the anticipated loadings. • A determination of the applicable site coefficient and seismic zonation based on the current Uniform Building Code • Recommendations regarding frictional and passive values for the resistance of lateral forces • Recommendations for earthwork, including site preparation, excavation, and the placing of any required compacted fill. • Recommendations for floor slab support • Recommendations for design of asphalt and portland cement concrete paving The following graphics will be included in our report • A plot plan showing the location of the proposed police facility addition relative to adjacent streets and existing structures and the locations of our exploratory borings • Geologic maps as required by CDMG • A log of each exploratory boring depicting the changes encountered to the soil strata by elevation and depth below ground surface together with a description and classification of each soil stratum The depth to groundwater will also be indicated • Plots and tables presenting the results of the laboratory tests. Gradine Excavations, Fill and Backfill Inspections and Observations Our construction inspection services will consist of observation of the grading operations for removal of all unsuitable materials, observation of the exposed subgrade in areas where excavation has resulted in the desired finished subgrade, and also in areas to receive fill. C7 o(0 WHH Associates — Geotechnical Investigation October 26 1998 Law /Crandall Proposal 98 -00683 6131 We will evaluate the suitability of on -site and import soils for fill placement and conduct the necessary testing to confirm the materials suitability. Our inspectors will collect samples as required or recommended laboratory testing. In addition, we will observe and test fill and backfill, including utility trench backfill, for the specified relative compaction in accordance with ASTM D- 1557 -91 (maximum density) and D 1556-91 (sand cone) Foundation Bottom Observation We will observe and probe the foundation bearing matenals to confirm that suitable bearing materials are present at the design grades If unsuitable materials are encountered, we will delineate the area and depth of the unsuitable materials Inspection and Testine Document Preparation We will prepare necessary cocumertation during construction to confirm our observations and to summarize our test results On completion of the project, we will prepare a final report that will present the results of our testing and construction observation SCHEDULE For your planning purposes, we anticipate that we can begin our subsurface explorations within one week of receiving written authorization to proceed. The drilling of the borings is expected to tale one day We can provide preliminary information within two weeks of completion of the subsurface explorations and a written report three weeks later The schedule for inspection services has not been established yet, when the construction schedule is available, we can revise our cost estimate for inspection and testing services FEES — GEOTECEMCAL IIWESTIGATION The fee for the outlined geotechnical investigation, including the rental and operation of the drilling equipment, will be a lump sum of $15,250 We will invoice monthly and upon completion of our investigation C;o� 8 • WHHAssoewtes-- Geottehnwallmesngation October 261998 Law /Crandall Proposal 98 -00683 6131 The lump -sum fee will be valid for a period of 90 days from the date of this proposal. Our fee does not include additiona! services or work requested by you or your other consultants, or by the controlling public agencies during the review process Our fee also does not include disposal of contaminated soils or hazardous materials FEES AND CONDITIONS OF SERVICE — GEOTECEMCAL INSPECTION The amount of activity which is necessary to provide adequate construction quality control will depend on the schedule and efficiency of the contractor and/or his subs, as well as direction from you In conjunction with requests for our services, the amount of services will be held to that minimum required to furnish adequate quality control during construction, provide satisfaction to the owner, the designers, and any regulatory agency Based on the limited information available at this time and the fees associated with similar project, we estimate the fees for our geotechnical inspection and testing will be approximately $3,000. This estimate will be revised upon receipt of a construction schedule and project plans. Our attached Conditions of Service are applicable to all our inspection projects The fee for our eeotechnical inspection services will be based on the rates in the attached Schedule of Charges These rates "ill remain in effect for at least 90 days from this date Invoicing for the above work %� ill be submitted monthly as the work progresses Daih time slips will be prepared by our inspectors at the .job site each day for approval by your representative we have found that billing problems are avoided by following this practice Services requested that are beyond the scope of services listed will be provided upon receipt of your written authorization and will be billed in accordance with the attached Schedule of Charges. 'oA 9 WHHAssoaates-- Geaechnicallnvesnganon October 76 1998 Law /Crandall Proposal 98 -00683 6131 AUTHORIZATION To authorize us to proceed, please sign the attached Proposal Acceptance Sheet and return one copy to us A self - addressed envelope is included for your convenience Any exceptions to this proposal or special requirements not covered in the proposal should be listed on the Proposal Acceptance Sheet Please note that the terms attached to the Proposal Acceptance Sheet are part of this proposal OTHER AVAELABLE SERVICES In addition to the geotechnical services presented in this proposal, Law /Crandall can provide the following services • Environmental site assessments. • Underground storage tank removal. • Remediation services for decontamination of soil and groundwater. • Asbestos abatement services, including survey, plans and specifications, monitoring, and project management of removals \t -e would be pleased to furnish you with additional information on the above services. C�pQ 10 WHH Assoc ates --- Geotecbucal Investigation Law /Crandall Proposal 98 -00683 6131 October 261998 We appreciate the opportunity to submit this proposal and would be pleased to work with you and your design consultants on this project. Please call if there are any questions regarding the scope of the outlined investigation. Sincerely, LAW /CRANDALL A DIVISION OF LAW ENGINEERING AND ENVIRONMENTAL SERVICES, INC. Chris Zadoorian Martin B Hudson, Ph.D Senior Engineer Principal Engineer Project Manager enggeo198- prop10683bp01 doc/MBH by (2 copies submitted) Attachments Proposal Acceptance Sheet Self- Addressed Envelope Schedule of Fees and Conditions of Service (Geotechnical Inspection) cc (1) El Segundo Police Department Arm Sergeant Brian Evanski C91-0 I I LA Vr Crandall LAWGIBB Group Member A PROPOSAL ACCEPTANCE SHEET Protect Name Proposed Communication Center Addition, El Segundo Police Department Facility Protect Location 348 Maw Street, El Segundo, Caltfoma - Proposal No and Date 98- 00683b 131 / October 26, 1998 LAW Branch Location Los Angeles Type of Services Geotechntcal Investigation CLIENT Name WMM Associates Address 3731 Wilshire Blvd, Suite 670 Los Angeles, California Zip Code 90010 Phone Number Attention Mr Frank Mendoza Jr Title FOR APPROVALS OR PAYMENT Name Address Zip Code SPECIAL INSTRUCTIONS: Phone Number PROPOSAL ACCEPTANCE The Terms and Conditions of this Proposal, including the terms and conditions on this and the attached pages are Accepted this Pnnt or type Individual, day of or corporate body name Signature of authorized representative Print or type name of authorized representative and title 19 TERMS AND CONDITIONS 1 SERVICES TO BE PROVIDED La rranda a dwam d lsw Figrbexg ant Envrmmvfal $e'v43 iti rewjn 3b 0Y O dISwS Qrp",immS !r1 � Oem °VIS LAW) a w rwepenaern orsunaa a__1--0vva�,mSs b Pa'oe CW' K W b sde Edlah atl aU6r'�! use: =01" SQN�SwH nplpµam Noa Mpnybvetapsa,ne M&al byroap�Qrr,w wino 30 PAYMENT TERMS CherIt agmes CeSSY Od LAWSr aryeesrbmpry •�qv¢a &urge m Te ppappa Wye xnurn at ne aeaa d t% per I IS a ae ala mle 1agel tie 1= INRIadG awmeys = eta expenses 1 m rmgn m m , W beaY&m s}W W neae Gom LAWS a m e d sw=ag& ow"'ges u e PW* lr="Ied n"PgamrR Afib five 0ryt pw IXim b CYat LAW may &Ape servQS um pad merry pops were PaIr wa d snoimd arrarn w ress mbly h dawn a w remered ty lA We160 days d Cleds MOV d LAWS raum Cunt Temp d rntm veilbe a99unedN drys atanletrgoyLAWhYloss wh OMWM paageaaWul T'Madeg essasa a m ppxam Eaw oaM may tmmre M Ayeenwt werps mug Upm 30 drys pyer vsam KAx Tha Agvw wt wa le "Ke anmut®ly u ere wwwx:Y IS Cori h ne event Chart ffl t= wnawm pry b mmpram d xe pdpmed »vans cLern gees b Pay LAW b a1 nMarde awVft rvasrm b me sq assmaN win sennntlm dine vvk 3 STANDARD OF CARE LAW ws —bm b sevrms uwg bW ds7M d me rid Ski vwwq ena¢sed awa Arew a KxrIs by =Rabe nerMes d LAWS pp0`� pa�ag n Qe axle a smia tool.ry a bre srre a asva NO OTHER WPARMJiY EXPRESS OR IMPLIED IS MME OR INTENDED BY OUR PROPOSAL OR BY OUR ORAL OR WWTTEN REPORTS INSURANCE LAW nswMns Swaatm ravage tl bbws. a orr W~,;Cavrasmkauara- Strlay b Engge/s Lebbry xrarak- s1,0MMO d AdarcbM Labsty en�- {2,OODADD CSL���� e Excess LAMnb -$1000 OW Lm b a Ql 1 PNtlsmal Erma a CrrMSwr- 31000000&wrnrrude MOM Rev W95 6 9MOPERAt101S .CWtvAenelge1Pf11pfAareybfe ptperytorllgpspMS dpskrrrip puma nwugr Swdtl. leaf arr swsWVUp b to apm0 SUVA Cdtrapasene Mi PmaessMnemssrypft l wrd1rasSM rmwmalgr bOirxrapA�SWry aMmipM�.p a �w== muw pn�mwai e/ddhgmwftw aW ra br"Maa Ee ale x W a h pmenm ar pauW pewsw d ultlsvoa& a aapuaq dabAawr avrtluaaM wwil gra spe®I MUfdpreba►tllpeamlaL LAwww ti soy tlarssge w bM due b uldadmed a VYapan Yhm d ilballam Wltltlae avilldldbyClMar xW parMs ea�1 b a1! bdea rAh a IM a a mall d LAWS rbgf¢0 Onlerae Cbd apega bee aatlbaral mrlstletm d $1 A to ado Sy LAW, M dSadaA dM1Oes rrpbyMt, a&SUba";,= S, III= ay armasrn{, xis w baaea, bdrae ntrad rsaswrda tldr ataag°'M LAW MakerWanbb peC•AaubrwbnL flnnpebba PsPryalMd___b(aldprari III i aewwae anted n LAWS 2rsS°tld• ru drps b not bb a1r d nwao:r pw b rry ra1rM atldlwlrmbl Page t of 2 LAW Crandall LAWGIBB Group Member AL SCHEDULE OF CHARGES FOR CONSTRUCTION MATERIALS ENGINEERING, TESTING AND INSPECTION The fee for our services will be based on the charges hated below AN fee quotations are applicable for a period of 90 days from the date of the proposal to which this schedule m abached We reserve the right to modify these rates upon 30 days advance notice Rates for continuing profecxs Initiated In a pnor year will be based on the schedule of charges currently in effect, unless other arrangement have been made PERSONNELMOURLY RATE A Professionals Stag Profnsronal -- 585.00/hr Protect Professional .. 5115.00/hr Senior Professional 5120.00i Principal Professional _ 5140.0011hr 8 Special Rare Personnel 'Name Title Rate LtRoN Crandall Sr. Corporate Consultant S250D0/hr Dr Marshall Lew Corporate Consultant S200M&r Michael D Dtiva Corporate Consultant 5200.00/hr Pern A Mdpan Principal Engineer 5200.00/hr Richard C Lcach Chief Engineer S17S.00/br Daniel T Elliott Principal Geologist 5175.00/br James L Van Principal Engineer 5175.00/hr Reveren titichstl Principal Engineer 5175.00/hr Dhunlrshah Special rare personnel such as Senior Pnnchpal, ChiefEngmeer /Scientist. Corporate Consul=L ac , will be billed at a special rate identified for ind" duet projects C Support Personnel Word Processor _555.00/hr Administrative Assistant 560.00/hr Drafter 565.00/br CADD Operator 570.0011rr Technical Writer _ 580.00/br Technical Designer 585.00/ar D Technical Staff Special Registered Inspector S50 Senior Material Technician 357 Matenals Technician (422) S5S Assistant Materials Technical (420) S45 Ultrasonic Technician (426) so Roofing - Waterproofing Inspector S50 Laboratory Technician (435) SS7 Conag - Concrete, Asphalt (429) Sloe These rates apply to regular time and travel time In the continental United States A maximum travel time of eight hours will be charged in any day A premium cname i required in the Interest of the protect, may be charged at the above rates for professional personnel and at 15 bores the above rates for other personnel The premium charge may apply to time In excess of eight hours per weekday and all time on Saturdays, Sundays, and holidays In the event of adverse weather conditions or other factors beyond our control, a standby charge of four hours per weekday may be make for held personnel There will be a mmlmum 2 hour show up charge If no work is performed A minimum dally charge of 4 hours will be made Time in excess of 4 hours will be charged out as an 8 hour day In addition, any Inspection services extending past noon will be charged out as an 8 -hour minimum A 2-hour minimum charge will be made when notice of cancellation of Inspection services is not received by noon the previous weekday The minimum total charge for any once pro)eet will be $1,0110. Field services trial will require specially trained personnel because of the presence of hazardous material, as dehnad by the Hazardous Waste Operations and Emergency Response Act 29 CFR 1910 120 will have a surcharge imposed Required levels C&D personal prWectlon will be surcnarded 10% of the above houny rates and required levels A and B personal protection wall be surcharged at 25% of the above hourly rates Expel wnness services Including tnal preparation, depositions and court appearances will be charged at 1 5 times the above rotes with a minimum cnarpe of four nouns for depositions and court appearances per day EQUIPMENT Computer Usage S 45dhour Cylinder Pickup ... S 50fday Passenger Car $045/m ie will minimum of S I&day Truck SO 451mile with mhnaikmn of S 45fday t.Ton Truck S0 60/mile with a minimum of S 100/day Concrete DnnmgfManiond Bit Core Bartel Charges These charges will be applied for typical coring conditions Charges lot excessive bit wear due to atypical conditions will be negotiated on an Individual basis Diameter Concrete Asonan 2" to 5' S6f" SSfnch 6* to a Issfinch S7fnnch 'Minimum bra charges 6- Peril The use of sgecuahaed equipment such as a paciometer, manometer, nuclear gauge, etc, will be charged at an hourly or daily rate A Division of Law Engineering and Environmental Services, Inc 200 Citadel Drive Los Angeles CA 90040 -1554 213 -889- 5300•Fax 213 -721 -6700 a2 OCIOhCr 1999 LAW Crandall LAWGIBB Group Member A SCHEDULE OF CHARGES FOR GEOTECHNICAL INSPECTION SERVICES The fee for our services will be based on the charges listed below All fee quotations are applicable for a period of 90 days from the date of the proposal to which this schedule is attached We reserve the tight to modify these rates upon 30 days advance nonce Staff Soil Technician - Regular Time ................................. ............................... S 59/Hour Overtime as Required. ......... ... .. ........... ............................... S 81/Hour Senior Soil Technician - Regular Time...... ................... ............................... S 67/Hour Overtime as Requr ed ..................... .................. ............................... S 88/Hour Deputy Grading Inspector - Regular Tune ....................... ............................... S 72/Hour Overture as Required ............ ........ ..... . ..... .. .... .... ..................................... S 92/Hour For preparation of a final report and for provision of field supervision and office and field administration, a 15% surcharge will be applied on the monthly invoices for the total soil technician fees charged to the project These charges include field testing related to our inspection services, such as field density and compaction testing, and/or the observation of tie -back anchor testing In addition, these charges include the use of a truck and field testing equipment, except for nuclear testing devices that H ill be charged at S50 per day, or any part thereof Overtune will apply to tune in excess of eight hours per weekday and all time on Saturdays Sundays, and holidays A minimum daily charge of 4 hours will be made. Time in excess of 4 hours will be charged out as an 8 -hour day. In addition, any inspection services extending past noon will be charged out as an 8 -hour minimum. A 2 -hour minimum charge will be made when notice of cancellation of inspection services is not received by noon the previous sseekdas The minimum total charge for any one project will be $1,000 Consultant shall coordinate with contractor to minumze time needed on site The sera ices of an engineer and or geologist, or special field or laboratory testing, if required in the interest of the prclegit, will be invoiced to accordance w rah the rates on our Schedule of Charges for Geotechnical Investigation Services Field sen ices that will require specially trained personnel, because of the presence of hazardous material, as defined by the Hazardous U aste Operations and Emergency Response Act, 29 CFR 1910 120, will have a surcharge imposed Required levels C & D personal protection a M be surcharged 10% of the above hourly rates, and required levels A and B personal protection will be surcharged at 25% of the above hourh rates Travel time will not be charged for lobs within 50 miles of our nearest office Travel and/or subsistence expenses for soil technician hervices for proiecu in excess of 50 miles from our nearest office will be negotiated on an individual basis REIMBURSABLE ITEMS outside services performed by others and dareet expenses incurred on the client's behalf are charged at 1.15 times our cost Such items nclude but are not lunited to, outside consultants and testing laboratories, if necessary and pre- approved by the client NSURANCE _aw /Crandall maintains Commercial General Liability Insurance for bodily injury and property damage with an aggregate limit of ;2 000 000 per occurrence for is own account and will famish certificates of such insurance upon request In the event the client desires idnional coverage, we will, upon the client's written request, obtain additional insurance at the chent's expense A Division of Law Engineenng and Environmental Services Inc 200 Citadel Dnve Los Angeles CA 90040 -1554 13 213 -889 -5300 • Fax 213 - 721 -6700 rasp ] October1998 EL SEGUNDO CITY COUNCIL MEETING DATE December 1, 1998 AGENDA ITEM STATEMENT AGENDA HEADING: Consent AGENDA DESCRIPTION: Resolution approving the City of Chino's admittance to the ICRMA, changes to the Joint Powers Agreement Bylaws, and confirmation of City's representatives RECOMMENDED COUNCIL ACTION 1 Adopt Resolution 2 Approve changes to Joint Powers Agreement 3 Confirm City's representatives INTRODUCTION AND BACKGROUND AND DISCUSSION This City is a member of the Independent Cities Risk Management Authority ( "ICRMA "), a Joint Powers Authority created for the purpose, among others, of developing programs of insurance to protect this and other cities and to provide coverage against losses which arise out of Health Benefits, Liability, property and Workers' Compensation Liability On August 12, 1998, ICRMA's Governing Board approved the admittance of the City of Chino to membership in ICRMA, and also approved changes to the Joint Powers Agreement A copy of the Amended Joint Powers Agreement showing the changes is attached, along with a Resolution which the City Council is asked to approve The Resolution also confirms the identity of the representatives to the Governing Board and the alternate and substitute alternate if one has been designated ATTACHED SUPPORTING DOCUMENTS Draft Resolution Redlined Changes to Joint Powers Agreement Amended Joint Powers Agreement FISCAL IMPACT None lyl 014 14 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, APPROVING AN AMENDMENT TO THE JOINT EXERCISE OF POWERS AGREEMENT FOR INSURANCE AND RISK MANAGEMENT PURPOSES; APPROVING THE ADMITTANCE OF THE CITY OF CHINO TO MEMBERSHIP IN THE INDEPENDENT CITIES RISK MANAGEMENT AUTHORITY, AND APPOINTING REPRESENTATIVES TO THE INDEPENDENT CITIES RISK MANAGEMENT AUTHORITY AND THE SEPARATE RISK MANAGEMENT PROGRAMS WHEREAS, the City of El Segundo is a member of the Independent Cities Risk Management Authority ( "ICRMA "), and WHEREAS, the City of Chino has applied for membership in the ICRMA, and WHEREAS, the admittance to membership of the City of Chino has been approved by the ICRMA Governmg Board, and WHEREAS, the ICRIvIA Governing Boaid has recornmended amendments to the Joint Exercise of Powers Agreement ( "JPA "), a copy of which amended JPA has been provided to this City Council, and WHEREAS, the JPA and the Health Benefits, Liability, Property and Workers' Compensation Risk Management Programs' By -Laws requite that each Member City appoint an elected official, by resolution, to serve on the ICRMA Governmg Board, and to each of the separate Risk Management Programs in which this City is a member, along with an alternate to act in the Primary Member's absence NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, DOES HEREBY FIND, DETERMINE AND DECLARE AS FOLLOWS SECTION 1 This City Council does approve the amended JPA as approved by the ICRMA Governing Board and as presented to this City Council SECTION 2 This City Council does hereby approve the admittance of the City of Chino as a member of the ICRMA SECTION 3. This City Council does hereby appoint Council Meinbei Kelly McDowell to serve as the primary Governing Board representative on the ICRMA, and the Duector of Finance to serve as the alternate representative These appointees shall also act as the City's representatives to the Health Benefits, Liability, Property and Workers' Compensation Risk Management Programs of which this City is a member RESOLU I ION NO ADMITTING CITY OF CHINO TO ICRMA AND APPROVING I� AMENDMEN 15 TO BYLAWS PAGE NO 1 RESOLVED FURTHER, that the City Cleik shall certify to the adoption of this resolution and thenceforth and theieaftei the same shall be in full force and effect RESOLVED FURTHER, that a copy of this resolution shall be foiwaided to the Independent Cities Risk Management Authority PASSED, APPROVED AND ADOPTED this 1st day of Decembei,1998 Mike Goi don, Mayoi Al TEST STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I, Cindy Moitesen, City Clerk of the City of El Segundo, Califoima, do heieby certify that the whole numbei of members of the City Council of said City is five, that the foiegomg Resolution No was duly passed and adopted by said City Council, approved and signed by the Mayor and attested to by the City Cleik, all at a regular meeting of said Council held on the 1st day of December, 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 r RESOLUI ION NO ADMITTING CITY OF CHINO TO ICRMA AND APPROVING AMENDMENTS TO BYLAWS 016 PAGE NO 2 RED LINED COPY INDEPENDENT CITIES RISK MANAGEMENT AUTHORITY AMENDMENT TO JOINT EXERCISE OF POWERS AGREEMENT FOR INSURANCE AND RISK MANAGEMENT PURPOSES 1 11 S./ agreements set forth in this Agreement, the Member Cities agree as follows. ARTICLE I. CREATION OF THE INDEPENDENT CITIES RISK MANAGEMENT AUTHORITY. Pursuant to Article I (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code of the State of California, the Member Cities hereby create a public entity, separate and apart from the Member Cities, to be known as the Independent Cities Risk Management Authority, hereinafter referred to as the "Authority" Pursuant to Government Code Section 6508.1, the debts, liabilities, and obligations of the Authority shall not constitute debts, liabilities, or obligations of any Member City. A Member City may separately contract for or assume responsibility for specific debts, liabilities, or obligations of the Authority. Pursuant to and to the extent required by Government Code Section 6509, the Authority shall be restricted in the exercise of its powers in the same manner as the City of Manhattan Beach is restricted in its exercise of similar powers provided that, if the City of Manhattan Beach shall cease to be a Member City, then the Authority shall be restricted in the exercise of its power in the same manner as the City of San Fernando If the Cif of ; n Fernando ease $ ¢g Mem it thgn he Governino Board shall si n t the a rooriate Member it — ARTICLE fl. PURPOSE. The purpose of creating this Authority is to exercise the powers of the Member Cities to jointly accomplish the following: A Develop effective Risk Management Programs to reduce the amount and frequency of their losses B Develop Risk Management Programs of insurance to protect Member Cities from the effects of catastrophic or unexpected losses Such programs shall include, but not be limited to, coverages for losses arising out of Tort Liability, Workers' Compensation, Health Benefits, and the ownership or use of real or personal property C Design Risk Management Programs of the Authority on a pooled or self- funded basis whereby the Member Cities share some portion, or all, of the costs of the program losses D Jointly purchase insurance, excess insurance, or reinsurance for the purpose of transferring risk of loss to commercial insurers. E Assist Member Cities to secure a long -term financial base from the issuance of Certificates of Participation The revenues generated from the Certificates of Participation will be used for the purpose of establishing and maintaining sufficient unencumbered financial reserves, thereby enabling the Authority to provide adequate protection to Member Cities against catastrophic, or greater than expected, claims, and to attract major reinsurers for the purpose of transferring risk. i�ie 2EJ i ::6J2 90c0 4, 17/99 19 4 9 AN —2- 5 3 F Jointly secure administrative and other services including, but not limited to, underwriting, risk management, loss prevention, claims adjusting, data processing, brokerage, accounting, and legal services when related to any of the other purposes ARTICLE L. DEFINITIONS The following definitions shall apply to the provisions of this Agreement and the By -Laws of the Risk Management Programs . A "Agreement" shall mean this Agreement creating the Independent Cities Risk Management Authority. B. "Board" or "Governing Board" shall mean the governing body of the Authority C "By- Laws" shall mean the rules governing the management of each individual Risk Management Program. D "Claim(s)" shall mean demand(s) made against the Member Cities arising out of occurrences which are covered or alleged to be covered by the Authority's Memorandums of Coverage, or policies of insurance. E "Fiscal Year" shall mean the period of time commencing on July 1 of each year , and thereafter ending on June 30 each following year. F "ICRMA" shall mean the Independent Cities Risk Management Authority created by this Agreement G "Insurance" shall mean insurance purchased by the Authority to cover losses for its Member Cities H "Member City" shall mean any Municipal Corporation or any Joint Powers Authority, whose membership consists only of Municipal Corporations, which is a party to this Agreement and is participating in one or more Risk Management Programs I "Memorandum of Coverage" shall mean the document or documents issued by the Authority specifying the types of coverages and limits provided to the Member Cities. J "Program Year" shall mean a period of time, usually twelve months, in which each program shall be segregated for ease in determining coverage premiums K "Participation" or "Participating" shall mean a Member City has elected to jointly participate in the management of a specific risk and is a member of that Risk Management Program L "Risk Management" shall mean the process of identifying, evaluating, reducing, transferring, and eliminating risks Risk Management includes various methods of funding claims payments, purchasing insurance, legal defense of claims, controlling losses, and determining self - insured retention levels and the amount of reserves for potential claims 3 4 5 3 RED .,00572 9 0 0 ) 4 / . 3 / 9 9 - 1 0 4 9 AM - 3 - _S_ ARTICLE D. BOARD MEETINGS AND A. Regular Meetings. The Governing Board shall hold at least one regular meeting each quarter of each year. The Governing Board shall fix by resolution the date upon which, and the hour and place at which, each regular meeting is to be held. B Ralph M. Brown Act Each meeting of the Governing Board, including without limitation, regular, adjourned regular, and special meetings shall be called, noticed, held, and conducted in accordance with the Ralph M Brown Act (Section 54950 et seq. of the Government Code). C Minutes Minutes of regular, adjourned regular, and special meetings of the Authority shall be kept by the Secretary. As soon as possible after each meeting, the Secretary shall forward to each Governing Board member and each City Clerk copies of the minutes. D Quorum A majority of the members of the Governing Board is a quorum for the transaction of business. However, less than a quorum may adjourn from time to time. A vote of the majority of a quorum at a meeting is sufficient to take action ARTICLE VII. OFFICERS. The Governing Board shall elect a president and vice - president from among its members at its first meeting Thereafter, in the last meeting in each succeeding fiscal year, the Governing Board shall elect a president and a vice - president. Each officer shall assume the duties of his office upon election. If either the president or vice - president cease to be a member, the resulting vacancy shall be filled at the next regular meeting of the Governing Board held after the vacancy occurs. In the absence or inability of the president to act, the vice - president acts as president The president shall preside at and conduct all meetings of the Governing Board. The Governing Board shall appoint a secretary and a treasurer of the Authority who may, but need not be, a member of the Governing Board The Governing Board may appoint such other officers as it considers necessary ARTICLE VIII. POWERS. The Authority shall have the powers common to its Men,..er Cities and is authorized, in its own name, to do all acts necessary to exercise such common powers to fulfill the purposes of this Agreement referred to in Article II including, but not limited to, each of the following A Finance through the issuance of Certificates of Participation, or other instruments of indebtedness, self - insurance reserve funds necessary or convenient for the implementation of this Agreement B Incur debts, liabilities, and obligations ') 0v (/n 9 4 5 2 1cJ , � _ 5 ; ] 30 ^0 4 / 2 3 / 9 9 .J 49 AN - 5 - S v ARTICLE X. MEMBER CITY RESPONSIBILITIES. Each Member City participating in a Risk Management Program shall have the following responsibilities, A To appoint or remove its member of the Governing Board as set forth in Article V. B. To appoint or remove its member to the Risk Management Program(s) . C To approve amendments to this Agreement as set forth in Article XX. ARTICLE LI. BUDGE T. The overnm Board shall adopt an annual budget as soon as possible for the first Fiscal Year and not later than thirty days prior to the beginning of each Fiscal Year thereafter. ARTICLE II. ANNUAL AUDIT AND ER VIEW. The Governing Board shall cause an annual financial audit of the accounts and records to be made by a Certified Public Accountant in compliance with California Government Code Sections 6505 and 6505 5 or 6505.6 with respect to all receipts, disbursements, other transactions, and entries into the books of the Authority. The minimum requirements of the audit shall be those prescribed by the State Controller for special districts under Government Code Section 26909 and shall conform to generally accepted auditing standards A report of each audit shall be filed as a public record with each of the Member Cities and also with the county auditor of the county in which each of the Member Cities is located. The report shall be filed within twelve months of the fiscal year under examination The Authority shall pay all costs of such financial audits ARTICLE XIII. ESTABLISHMENT AND ADMINISTRATION QE FUNDS. Funds of the Authority may be commingled for investment and administration purposes However, each Risk Management Program shall be accounted for separately on a full accrual basis. Warrants shall be drawn to pay demands against the Authority. Said warrants shall be signed by both the President, Secretary or Treasurer and an agent, employee or general manager of the Authority. The coverage for each Program Year of each Risk Management Program shall be as specified in the Memorandum of Coverage or policies of insurance for that Program Year of the Risk Management Program Subject to approval by the Governing Board, which approval shall not be unreasonably withheld, each Member City shall have the ability to determine in which Risk Management Program W it wishes to participate. ARTICLE XIV. WITHDRAWAL. _3453 1ED 3OC632 9020 4,.3/93 .' 49 km �� 7- f final disposition of all claims and expenses associated with such loss. ARTICLE XVII. NEW MEMBERS. With the approval of two - thirds of the Governing Board, any qualified city may become a party to this Agreement. Continuing or new membership is restricted to cities which are members of the Independent Cities Association and are located in the State of California. A city requesting membership shall apply by presenting to the Authority a resolution of the City Council approving this Agreement, as amended, and the individual Risk Management Program By -Laws that the city intends to loin. The date that the applying city will become a Member City will be determined by the Governing Board. ARTICLE II . LIABILITY QF THE AUTHORITY. Each Member City agrees to indemnify and save the Authority and all other Member Cities harmless from and against all claims, losses, and damages, including legal fees and expenses, arising out of any breach or default on the part of such Member City in performance of any of its obligations under this Agreement, or any act or negligence of such Member City or any of its agents, contractors, servants, employees or licensees with respect to this Agreement. No indemnification is made under this Section for claims, losses or damages, including legal fees and expenses, arising out of the willful misconduct, negligence or breach of duty under this Agreement by the Authority or a Member City or their officers, employees, agents or contractors. The Representatives to the Governing Board and to each of the Risk Management Programs and any officer, employee, contractor, or agent of the Authority shall use ordinary care and reasonable diligence in the exercise of their power and in the performance of their duties under this Agreement Funds of the Authority may be used to defend, indemnify, and hold harmless the Authority and any member of the Governing Board, any member of the p Risk Management Program , and any employee of the Authority for their actions taken within the scope of their duties while acting on behalf of the Authority. Nothing herein shall limit the right of the Authority to purchase insurance to provide such coverage as is hereirabove set forth ARTICLE XIX. NOTICES. Notices under this Agreement shall be sufficient if delivered to the office of the City Clerk of the Member Cities. ARTICLE XX. AMENDMENTS TO THIS AGREEMENT AND PROGRAM BY -LAWS. This Agreement may be amended at any time by vote of two - thirds of the Member Cities acting through their City Council Amendments to the individual Risk Management Program By -Laws require two -third vote of the Governing Board members representing cities which are members of that Risk Management Program �C � _3453 RED 0006C2 3000 9/13/96 1C 49 AM 1 2 3. 4 5 6 7 8 9 10 11 12 13 14 15 INDEPENDENT CITIES RISK MANAGEMENT AUTHORITY MEMBER CITIES Alhambra 16 Hermosa Beach Arcadia 17. Huntington Park Azusa 18 Indio Baldwin Park 19. Inglewood Bell 20. Lynwood Chino 21. Manhattan Beach Colton 22 - 9oAtoray- Monrovia Culver City 23. Monterey Park Downey 24 Redondo Beach El Monte 25 San Fernando El Segundo 26. South Gate Fullerton 27 Upland Gardena 28 Vernon Glendora 29 West Covina Hawthorne 30 Whittier � 345a d5:: M 000607 -9000 4/17/98 - 10 49 -1 1 - �� COMPARISON OF FOOTERS - FOOTER 1- q8458 2 18458.3 000602 -9000 2M 8�98 4 13/98 10:49 6n - FOOTER 2- -1- JJ4 6v INDEPENDENT CITIES RISK MANAGEMENT AUTHORITY AMENDMENT TO JOINT EXERCISE OF POWERS AGREEMENT FOR INSURANCE AND RISK MANAGEMENT PURPOSES AMENDMENT TO JOINT EXERCISE OF POWERS AGREEMENT FOR INSURANCE AND RISK MANAGEMENT PURPOSES This agreement is executed by and among Municipal Corporations, hereafter referred to as Member Cities, organized and existing under the laws of the State of California which are signatory to this Agreement and listed in Appendix "A ", which is attached hereto and made a part hereof This Agreement, dated August 12, 1998 for identification purposes, amends the Joint Exercise of Powers Agreement For Insurance and Risk Management Purposes dated July 9, 1997. RECITALS This Agreement is predicated upon the following facts: A The Member Cities are Municipal Corporations organized and operating under the laws of the State of California B The following State laws, among others, authorize the Member Cities to enter into this Agreement: 1 Labor Code Section 3700, permitting a city to fund its own Workers' Compensation claims, 2 Government Code Section 990, permitting a city to insure itself against tort or inverse condemnation liability; 3 Government Code Section 990.4, permitting a city to provide insurance and self - insurance in any desired combination, 4 Government Code Section 990 6, permitting the proper costs for self- insurance to be charged against each city and authorizing the Governing Board to make premium payments for such coverage in an amount such Governing Board determines to be necessary to provide such coverage; 5 Government Code Section 990.8, permitting two or more cities to enter into an agreement to jointly fund such expenditures under the authority of Government Code Sections 6500 of sea , 6 Government Code Section 6500 et seq , permitting two or more cities to jointly exercise, under an agreement, any power which is common to each of them. 18458 4 000602 -9000 B /la/98 - 4 21 PM - 1 - O� NOW, THEREFORE, for and in consideration of the mutual benefits, covenants, and agreements set forth in this Agreement, the Member Cities agree as follows: ARTICLE I. CREATION OF THE INDEPENDENT CITIES RISK MANAGEMENT AUTHORITY. Pursuant to Article I (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code of the State of California, the Member Cities hereby create a public entity, separate and apart from the Member Cities, to be known as the Independent Cities Risk Management Authority, hereinafter referred to as the "Authority ". Pursuant to Government Code Section 6508 1, the debts, liabilities, and obligations of the Authority shall not constitute debts, liabilities, or obligations of any Member City A Member City may separately contract for or assume responsibility for specific debts, liabilities, or obligations of the Authority. Pursuant to and to the extent required by Government Code Section 6509, the Authority shall be restricted in the exercise of its powers in the same manner as the City of Manhattan Beach is restricted in its exercise of similar powers provided that, if the City of Manhattan Beach shall cease to be a Member City, then the Authority shall be restricted in the exercise of its power in the same manner as the City of San Fernando If the City of San Fernando shall cease to be a Member City, then the Governing Board shall designate the appropriate Member City. ARTICLE II. PURPOSE. The purpose of creating this Authority is to exercise the powers of the Member Cities to jointly accomplish the following A Develop effective Risk Management Programs to reduce the amount and frequency of their losses B Develop Risk Management Programs of insurance to protect Member Cities from the effects of catastrophic or unexpected losses. Such programs shall include, but not be limited to, coverages for losses arising out of Tort Liability, Workers' Compensation, Health Benefits, and the ownership or use of real or personal property C Design Risk Management Programs of the Authority on a pooled or self- funded basis whereby the Member Cities share some portion, or all, of the costs of the program losses D Jointly purchase insurance, excess insurance, or reinsurance for the purpose of transferring risk of loss to commercial insurers E Assist Member Cities to secure a long -term financial base from the issuance of Certificates of Participation. The revenues generated from the Certificates of Participation will be used for the purpose of establishing and maintaining sufficient unencumbered financial reserves, thereby enabling the Authority to provide adequate protection to Member Cities against catastrophic, or greater than expected, claims, and to attract mayor reinsurers for the purpose of transferring risk 18458 4 000602 -9000 8/18/98 - 4 2 1 PM - 2 - 9 4% F. Jointly secure administrative and other services including, but not limited to, underwriting, risk management, loss prevention, claims adjusting, data processing, brokerage, accounting, and legal services when related to any of the other purposes. ARTICLE JII. DEFINITIONS The following definitions shall apply to the provisions of this Agreement and the By -Laws of the Risk Management Programs A. "Agreement" shall mean this Agreement creating the Independent Cities Risk Management Authority. B. "Board" or "Governing Board" shall mean the governing body of the Authority. C. "By- Laws" shall mean the rules governing the management of each individual Risk Management Program. D. "Claim(s)" shall mean demand(s) made against the Member Cities arising out of occurrences which are covered or alleged to be covered by the Authority's Memorandums of Coverage, or policies of insurance. E. "Fiscal Year" shall mean the period of time commencing on July 1 of each year , and thereafter ending on June 30 each following year. F "ICRMA" shall mean the Independent Cities Risk Management Authority created by this Agreement G "Insurance" shall mean insurance purchased by the Authority to cover losses for its Member Cities H. "Member City" shall mean any Municipal Corporation or any Joint Powers Authority, whose membership consists only of Municipal Corporations, which is a party to this Agreement and is participating in one or more Risk Management Programs. I "Memorandum of Coverage" shall mean the document or documents issued by the Authority specifying the types of coverages and limits provided to the Member Cities. J "Program Year" shall mean a period of time, usually twelve months, in which each program shall be segregated for ease in determining coverage premiums. K "Participation" or "Participating" shall mean a Member City has elected to jointly participate in the management of a specific risk and is a member of that Risk Management Program. L "Risk Management" shall mean the process of identifying, evaluating, reducing, transferring, and eliminating risks Risk Management includes various methods of funding claims payments, purchasing insurance, legal defense of claims, controlling losses, and determining self - insured retention levels and the amount of reserves for potential claims 18458 4 000602 -9000 8/18/98 - 4 21 PM - 3 - �� M. "Risk Management Program " shall mean those coverage programs of risk sharing, insurance, and risk management services created by the Authority to manage specific Risk Management Programs, i.e. "Liability Risk Management Program ". ARTICLE 11/. PARTIES TO AGREEMENT. Each Member City represents and warrants that it intends to, and does hereby, contract with all other Member Cities listed in Appendix "A ", and any new members admitted to the Authority pursuant to Article XVII. Each Member City also represents and warrants that the withdrawal or expulsion of any Member City, pursuant to Article XIV or XV, shall not relieve any Member City of its rights, obligations, or duties under this Agreement. ARTICLE V. GOVERNING BOARD. The Authority shall be governed by a Governing Board comprised of one Representative from each Member City. The City Council of each Member City shall appoint a member of the City Council as the Member City's Representative to the Governing Board. Each Member City shall also designate an alternate Representative and may designate a substitute alternate Representative The alternate Representative and the substitute alternate Representative, if appointed, may be a staff officer(s) of the Member City. Each Representative to the Governing Board has one vote. Either the alternate Representative or substitute alternate Representative, if appointed, may vote at meetings of the Governing Board in the absence of the Member City's Representative. Immediately upon admission of a new Member City pursuant to Article XVII, the Member City shall be entitled to appoint to the Governing Board a Representative and an alternate Representative and, if desired, a substitute alternate Representative. The Member City Representative and /or alternate Representative or substitute alternate Representative shall be removed from the Governing Board upon the occurrence of any one of the following events* (1) the Authority receives a written notice from the appointing Member City of the removal of the Member City Representative or alternate Representative or substitute alternate Representative; (2) the expulsion or withdrawal of the Member City from this Agreement; (3) the death or resignation of the Member City Representative, (4) the Authority receives the written notice from the Member City that the Member City Representative is no longer a member of the City Council of the Member City The Member City Representative and the alternate Representative, or substitute alternate Representative, if appointed, are not entitled to compensation. The Governing Board may authorize reimbursement of expenses incurred by the Member City Representative, or the alternate Representative, or substitute alternate Representative. Pursuant to Government Code Section 6505.6, the Authority shall designate an officer or employee, or officers and employees, to receive, deposit, invest, and disburse the property of the Authority pursuant to Government Code Sections 6505 and 6505.5. The Authority shall fix the amount of the fidelity bond to be filed by such public officer(s) and /or employee(s). 1B458 4 000602 -9000 8/18/98 - 4 21 PM - 4 - 9�� a ARTICLE VI, BOARD MEETINGS AND RECORDS. A. Regular Meetings The Governing Board shall hold at least one regular meeting each quarter of each year. The Governing Board shall fix by resolution the date upon which, and the hour and place at which, each regular meeting is to be held. B. Ralph M Brown Act. Each meeting of the Governing Board, including without limitation, regular, adjourned regular, and special meetings shall be called, noticed, held, and conducted in accordance with the Ralph M. Brown Act (Section 54950 et seq. of the Government Code). C Minutes Minutes of regular, adjourned regular, and special meetings of the Authority shall be kept by the Secretary As soon as possible after each meeting, the Secretary shall forward to each Governing Board member and each City Clerk copies of the minutes. D Quorum A majority of the members of the Governing Board is a quorum for the transaction of business. However, less than a quorum may adjourn from time to time A vote of the majority of a quorum at a meeting is sufficient to take action. ARTICLE VII. OFFICERS. The Governing Board shall elect a president and vice - president from among its members at its first meeting Thereafter, in the last meeting in each succeeding fiscal year, the Governing Board shall elect a president and a vice - president. Each officer shall assume the duties of his office upon election If either the president or vice - president cease to be a member, the resulting vacancy shall be filled at the next regular meeting of the Governing Board held after the vacancy occurs In the absence or inability of the president to act, the vice - president acts as president. The president shall preside at and conduct all meetings of the Governing Board. The Governing Board shall appoint a secretary and a treasurer of the Authority who may, but need not be, a member of the Governing Board The Governing Board may appoint such other officers as it considers necessary ARTICLE Vlll. POWERS. The Authority shall have the powers common to its Member Cities and is authorized, in its own name, to do all acts necessary to exercise such common powers to fulfill the purposes of this Agreement referred to in Article If including, but not limited to, each of the following A Finance through the issuance of Certificates of Participation, or other instruments of indebtedness, self - insurance reserve funds necessary or convenient for the implementation of this Agreement B Incur debts, liabilities, and obligations 18458 4 000602 -9000 8/18/98 - 4 21 PM - 5 - '9 3a C. Acquire, hold, or dispose of real and personal property. D Receive contributions and donations of property, funds, services, and other forms of assistance from any source. E Sue and be sued in its own name F. Employ agents and employees G Acquire, construct, manage, maintain, or operate buildings, works, or improvements H. Lease real or personal property, including that of a Member City. I Receive, collect, and disburse monies J. Invest money in the treasury of the Authority in the same manner and on the same conditions as local agencies pursuant to Government Code Section 53601 K Exercise all other powers necessary and proper to carry out the provisions of this Agreement L Develop and implement Risk Management Programs. M Jointly purchase for the benefit of Member Cities, insurance, excess insurance, reinsurance, and enter into agreements for the benefit of Member Cities, for the purpose of transferring risk of loss to commercial insurers or reinsurers or other insurance pools ARTICLE IX. RISK MANAGEMENT PROGRAMS. The Governing Board shall by resolution establish a Risk Management Program for each Coverage Program implemented by the Authority Each Member City which elects to participate in a Risk Management Program will automatically become a member of that Risk Management Program No Risk Management Program shall become operational, or possess any authority, until the proposed Risk Management Program By -Laws have been approved by the Governing Board The voting on the approval of By -Laws shall be restricted to members of the Governing Board representing cities which are members of the particular Risk Management Program . A two - thirds vote of these members is required for approval of the By -Laws. On approval of the By -Laws, the various Risk Management Programs shall become operational and will have all of the powers specifically delegated to them by the Governing Board When entering into any transactions authorized by the Governing Board, the Risk Management Program shall use the Risk Management Program title and refer to the Authority, i.e a contract entered into by the Workers' Compensation Risk Management Program of the Independent Cities Risk Management Authority. 13458 4 000602 -9000 6/18/98 - 4 21 PM - 6 - 02,2-,1 ARTICLE X. EM MBER CITY RESPONSIBILITIES. Each Member City participating in a Risk Management Program shall have the following responsibilities: A To appoint or remove its member of the Governing Board as set forth in Article V. B. To appoint or remove its member to the Risk Management Program(s) . C To approve amendments to this Agreement as set forth in Article XX. ARTICLE XI. BUDGET. The Governing Board shall adopt an annual budget as soon as possible for the first Fiscal Year and not later than thirty days prior to the beginning of each Fiscal Year thereafter. ARTICLE XII. ANNUAL AUDIT AND REVIE . The Governing Board shall cause an annual financial audit of the accounts and records to be made by a Certified Public Accountant in compliance with California Government Code Sections 6505 and 6505 5 or 6505.6 with respect to all receipts, disbursements, other transactions, and entries into the books of the Authority The minimum requirements of the audit shall be those prescribed by the State Controller for special districts under Government Code Section 26909 and shall conform to generally accepted auditing standards A report of each audit shall be filed as a public record with each of the Member Cities and also with the county auditor of the county in which each of the Member Cities is located The report shall be filed within twelve months of the fiscal year under examination The Authority shall pay all costs of such financial audits. ARTICL XIII. ESTABLISHMENT AND ADMINISTRATION PF FUNDS. Funds of the Authority may be commingled for investment and administration purposes. However, each Risk Management Program shall be accounted for separately on a full accrual basis Warrants shall be drawn to pay demands against the Authority. Said warrants shall be signed by both the President, Secretary or Treasurer and an agent, employee or general manager of the Authority. The coverage for each Program Year of each Risk Management Program shall be as specified in the Memorandum of Coverage or policies of insurance for that Program Year of the Risk Management Program Subject to approval by the Governing Board, which approval shall not be unreasonably withheld, each Member City shall have the ability to determine in which Risk Management Program(s) it wishes to participate. 28458 4 000602 -9000 8/18/98 - 4 21 PM - 7 - 043=� ARTICLE CI . WITHDRAWAL. A. Any Member City which enters a Risk Management Program may withdraw from that Risk Management Program subject to the terms and conditions as set forth in the By- Laws of that particular Risk Management Program. B. A Member City is no longer a party to this Agreement upon its withdrawal from all of the Authority's Risk Management Programs. C Any Member City which withdraws as a participant from any Risk Management Program pursuant to Section A of this Article shall not be permitted to renew participation in that Risk Management Program until the expiration of three years from the date of the Member City's withdrawal ARTICLE XV. EXPULSION. The Governing Board may expel any Member City from a Risk Management Program at any time for material breaches of this Agreement or the Risk Management Program By- Laws Such expulsion must be approved by the Governing Board members representing Member Cities in that Risk Management Program or by the vote requirements for expulsion specified in the By -Laws The withdrawal or expulsion of any Member City after the inception of its participation in a Risk Management Program shall not terminate its responsibility for the years that the Member City participated in any Risk Management Program ARTICLE XVI. TERMINATION. This Agreement shall continue until terminated. However, it cannot be terminated until such time as all principal for the Certificates of Participation shall have been retired. Thereafter, this Agreement may be terminated by vote or written consent of two- thirds of the Member Cities provided, however, that this Agreement and the Authority shall continue to exist for the purposes of disposing all claims, the distribution of assets, and any other functions necessary to conclude the affairs of the Authority Upon termination of this Agreement, all assets of the Authority shall be distributed only among the Member Cities that have been participants in its Risk Management Programs, including any of those Member Cities which previously withdrew or were expelled pursuant to Articles XIV and XV of this Agreement, in accordance with and proportionate to their net premium payments made during the term of this Agreement. The Governing Board shall determine such distribution within six months after the last claim covered by this Agreement has been finalized. The Governing Board is vested with all powers of the Authority for the purpose of concluding and dissolving the business affairs of the Authority. These powers shall include the power to require those Member Cities which were Risk Management Program participants at the time of any particular occurrence which was covered or alleged to be 18458 4 000602 -9000 8/18/98 - 4 21 PM - 8 - 933 covered under the Memorandum(s) of Coverage or policies of insurance to pay their share of any additional amount of premium deemed necessary by the Governing Board for the final disposition of all claims and expenses associated with such loss ARTICLE )XV I. NEW MEMBERS. With the approval of two - thirds of the Governing Board, any qualified city may become a party to this Agreement. Continuing or new membership is restricted to cities which are members of the Independent Cities Association and are located in the State of California A city requesting membership shall apply by presenting to the Authority a resolution of the City Council approving this Agreement, as amended, and the individual Risk Management Program By -Laws that the city intends to join The date that the applying city will become a Member City will be determined by the Governing Board ARTICLE XVIII. LIABILITY OF THE AUTHORITY. Each Member City agrees to indemnify and save the Authority and all other Member Cities harmless from and against all claims, losses, and damages, including legal fees and expenses, arising out of any breach or default on the part of such Member City in performance of any of its obligations under this Agreement, or any act or negligence of such Member City or any of its agents, contractors, servants, employees or licensees with respect to this Agreement No indemnification is made under this Section for claims, losses or damages, including legal fees and expenses, arising out of the willful misconduct, negligence or breach of duty under this Agreement by the Authority or a Member City or their officers, employees, agents or contractors. The Representatives to the Governing Board and to each of the Risk Management Programs and any officer, employee, contractor, or agent of the Authority shall use ordinary care and reasonable diligence in the exercise of their power and in the performance of their duties under this Agreement Funds of the Authority may be used to defend, indemnify, and hold harmless the Authority and any member of the Governing Board, any member of a Risk Management Program , and any employee of the Authority for their actions taken within the scope of their duties while acting on behalf of the Authority Nothing herein shall limit the right of the Authority to purchase insurance to provide such coverage as is hereinabove set forth. ARTICLE XIX. NOTICES. Notices under this Agreement shall be sufficient if delivered to the office of the City Clerk of the Member Cities ARTICLE .XX. AMENDMENTS TO THIS AGREEMENT AND PROGRAM BY -LAWS. This Agreement may be amended at any time by vote of two- thirds of the Member Cities acting through their City Council Amendments to the individual Risk Management Program By -Laws require two -third vote of the Governing Board members representing 18458 4 000602 -9000 8/18/98 - 4 21 PM - 9 - c�234 cities which are members of that Risk Management Program. ARTICLE XXI. SEVERABILITY. Should any portion, term, condition, or provision of this Agreement be decided by a court of competent jurisdiction to be illegal or in conflict with any law of the State of California, or be otherwise rendered unenforceable or ineffectual, the validity of the remaining portions, terms, conditions, and provisions shall not be affected thereby ARTICLE 0X11. AGREEMENT COMPLETE. The foregoing constitutes the full and complete Agreement of the parties There are no oral understandings or agreements not set forth in writing herein. ARTICLE XXIII. TERM QE AGREEMENT. This amended Agreement shall become effective upon the Authority receiving notice of the approval by the City Council of two- thirds of the Member Cities. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. Executed before me this day of City of M_ Title 199_ (City Seal) City Clerk City of 18458 4 000602.9000 8/18/98 - 4 21 PM _10- INDEPENDENT CITIES RISK MANAGEMENT AUTHORITY MEMBER CITIES 1 Alhambra 16 Hermosa Beach 2 Arcadia 17. Huntington Park 3 Azusa 18. Indio 4. Baldwin Park 19 Inglewood 5 Bell 20 Lynwood 6 Chino 21. Manhattan Beach 7 Colton 22 Monrovia 8 Culver City 23. Monterey Park 9 Downey 24. Redondo Beach 10 El Monte 25. San Fernando 11. E( Segundo 26. South Gate 12 Fullerton 27. Upland 13 Gardena 28. Vernon 14 Glendora 29. West Covina 15 Hawthorne 30. Whittier 18458 4 000602 -9000 8/18/98 - 4 21 PM - 11 - C�3(0 EL SEGUNDO CITY COUNCIL MEETING DATE December 1, 1998 AGENDA ITEM STATEMENT AGENDA HEADING New Business —City Attorney AGENDA DESCRIPTION Receive and File item regarding a Risk Management Committee to review City contract and insurance issues RECOMMENDED COUNCIL ACTION Receive and File item regarding review of City contract and insurance issues INTRODUCTION AND BACKGROUND' During the past year the responsibility of reviewing contracts for ensuring compliance with insurance requirements was centralized in the City Clerk's office At its August 4, 1998 meeting, the City Council approved the City Clerk's request for an additional position for purposes of contract compliance review DISCUSSION As part of the Council's action, the Council directed the City Attorney to implement a more formal risk management process for reviewing contracts and general insurance issues During the past several months Councilmember McDowell, the City Clerk, the City Manager and the City Attorney have discussed the implementation of the process The City's insurance authority, the Independent Cities Risk Management Authority, recommends that cities appoint committees to review and monitor contract and insurance issues Accordingly a Risk Management Committee comprised of Councilmember McDowell, the City Clerk, the City Manager or her designee, the City Attorney and Chris Millard (the City's claim adjuster from Colen & Lee) will address the following issues Contract Insurance Requirements The Committee will meet monthly to review the City's general insurance requirements to determine whether such adequately protect the City The Committee will also be responsible for making determinations as to when the City's general insurance requirements are too onerous for specific contracts and deciding how the requirements can be lessened In those cases where the contract is to be submitted to the Council, the Committee will make a recommendation to the Council Otherwise, the Committee will make the determination City Property Insurance The Committee will review the insurance which the City has on property it owns and make recommendations to the Council where appropriate to modify the City's coverage Claims Processing The Committee will review the City's claim handling procedures and modify the procedures where appropriate General Contracting Procedures The Committee will review the City's general procedures for issuing purchase orders, requests for proposals, public works contracts and professional services and adjust the procedures as necessary to better protect the City's interests It is contemplated that the Committee will issue quarterly progress reports to the City Council ;37 15 MOVED by Councilmember McDowell SECONDED by Councilmember Gaines to award Contract No 2615 to Landis & Staefa, Inc , Alternative No 1, for an Energy Services Performance Contracting Program (contract amount = $2,171,979), with further review of financing in approximately two years MOTION PASSED BY UNANIMOUS VOICE VOTE. 4/0. Councilmember Wernick was absent 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 legal services ) Gavin Curran, Assistant Finance Director, gave a brief staff report City Attorney Mark Hensley read the following RESOLUTION NO. 4081 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, ESTABLISHING A SALARY RANGE FOR THE JOB CLASSIFICATION OF PURCHASING AGENT. MOVED by Councilmember Gaines, SECONDED by Mayor ProTem Jacobs to direct the Human Resources Department to implement the class specification and retain the positron of Purchasing Agent within the Business Services Division of the Finance Department This action will result in an increase of one person in the Finance Department and a budget impact of $28,544 for the 1998- 99 fiscal year ending September 30, 1999, and adopt Resolution No 4081 MOTION PASSED BY UNANIMOUS VOICE VOTE. 410. Councilmember Wermck was absent 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 MOVED by Mayor ProTem Jacobs, SECONDED by Councilmember McDowell, to 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 MOTION PASSED BY UNANIMOUS VOICE VOTE. 410. Councilmember Wermck was absent s e consensus of Council to review the question of extending this positron to full -time at a later date Minutes q Q City Council Regular Meeting p/ O August 4, 1998 Page 4 City of El Segtcndo Inter - Departmental Correspondence Date- November 17, 1998 To: Mayor and City Council From- Kelly McDowell, Councilmember Subject- Reduction of Fee Required to Appeal Zoning Decisions Concerning a Citizen's Principal Residence There is an equity issue that I would like the City to consider At present a fee in the amount of $450 is chaiged to anyone appealing a zoning decision to the City Council A developer appealing a decision concerning a variance for a shopping center would pay the same fee as a citizen appealing an adverse result concerning a proposed addition to a single - family dwelling I would like the City Council to reduce the applicable fee from $450 to $50 in the following instances only A Kind of Property Eligible Only a citizen's principal residence would be eligible for the reduced appeal fee Eligibility would not be affected by whether or not the citizen owns the property or, in the unusual case, occupies it as a tenant Properties where a citizen occupies one unit in a multi -unit building and accepts rent from tenant(s) of the other unit(s) would not be eligible unless it could be shown that resolution of the appeal favorably to the citizen would only affect the unit he or she occupies Properties zoned commercial or industrial would not be eligible for the reduced fee in any circumstance B. Principal Residences Owned By Family Trusts A citizen's principal residence for which title is held by a family trust or other business entity in which the citizen and his or her family or heirs hold all of the beneficial interests would also be eligible for the reduced appeal fee C. No Distinction Regarding Kind of Relief Sought or Which Party Initiated Matter No distinction would be made as to the kind o relief sought or whether the citizen, the government or another party initiated the matter Thus, an appeal from government enforcement actions directed against a citizen's principal residence would be eligible for the reduced fee I request your concurrence in resolving this fee issue In discussions with the City Manager, staff could begin the process immediately C� B9 16 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA REDUCING APPEAL FEES FOR ZONING DECISIONS DIRECTLY AFFECTING A CITIZEN'S PRINCIPAL RESIDENCE WHEREAS, pursuant to Resolution No 3617, the City of LI Segundo ( "City ") currently imposes the following fees for appeals of zoning decisions by the Directoi of Planning and Building Safety and /or the Planning Commission Piolect Size Anneal Fee Single - family Residential less than 10 Units $170 Multi -family Residential less than or equal to 6 Units $170 Single -family Residential greater than or equal to 10 Units $235 Multi -family Residential greater than 6 Units $235 Commercial /Industrial less than 15,000 square feet $235 Commercial /Industrial greater than 15,000 square feet $460 WHEREAS, in order to encourage public participation in the land use process, the City Council finds that it is in the interest of the public health, safety and general welfare to reduce appeal fees for zoning decisions involving a citizen's of citizens' principal residence to fifty dollars ($50 00) NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, DOES RESOLVE AS FOLLOWS SECTION 1 Fee The City Council hereby amends Resolution 3617 and approves and adopts a fee of fifty dollars ($5000) for appeals of zoning decisions involving an appealing party's principal residence SECTION 2 Applicability The reduced fee unposed pursuant to this Resolution shall only apply as follows A The appealed zoning decision must directly apply to the appealing party's current principal residence at the time of filing of the appeal The appealing party may be required to submit proof of current iesidence in order to qualify for a reduced fee pursuant to this Resolution RIAOI U I ION NO IMAX ING APPI AI 1 I LS 1 OR ZONING DLCISIONti DIRLC I LY q / , AFFFC FINIS [ 1117LN'S o(i PRINCIPAL RESIDLNCE PAOI NO I B As long as the appealing party resides in the property that is subject to the decision being appealed, this Resolution shall apply regardless of whether the appealing party is an owner or tenant of the property In situations where the appealing party occupies one unit in a multi -unit building and accepts rent from tenant(s) of other units, this Resolution shall not apply unless it can be shown by the appealing party that Iesolutson of the appeal favorably to the appealing party would only affect the unit the appealing party occupies An appealing party's principal residence for which title is held by a family trust or other business entity in which the appealing party and his or her immediate family or heirs hold all of the beneficial uiteicsts would also be eligible for the seduced appeal fee pursuant to this Resolution C This Resolution applies regaidless of the kind of rebel sought pursuant to the appeal and regardless of whether the appealing party, the City, or any other party initiated the underlying zoning action being appealed D Properties zoned for commercial or industrial uses shall not be eligible for a reduced fee under any circumstances SECTION 3 Certification The City Clerk shall certify the passage and adoption of this Resolution as required by law RLSOI U ION NO RLDU( INU APPI AL FI I S FOR ZONING DECISIONS DIRFC'ILY p I Al FEC I ING CITI /_EN'S o[ PRINCIPAL RESIDLNCF PAUF NO 2 PASSED, APPROVED AND ADOPTED on this I" day of December, 1998 Mike Gordon, Mayor ATTEST STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) 1, Cindy Mortesen, City Clerk of the City of El Segundo, California, do heleby certify that the whole number of members of the City Council of said City is five, that the foiegomg Resolution No was duly passed and adopted by said City Council, approved and signed by the Mayor and attested to by the City Clerk, all at a regulai meeting of said Council held on the I" day of December, 1998, and the same was so passed and adopted by the following vote AYES NOES ABSENT ABSTAIN Cindy Mortesen, City Clerk APPRO AS F RM ark Hensley, City Atto RLSOLU I ION NO RFDUC ING APPLAL 1 I 1 S FOR ZONING DECISIONS DIRT CILY AFFEC I INC CI I IZEN'S Chu a PRINCIPAL RLSIDFNCE , ! 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