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1998 JUL 07 CC PACKET - 2MINUTES OF THE
ADJOURNED REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
Tuesday, June 16, 1998 - 5:00 P.M.
CALL TO ORDER Mayor Gordon at 5:00 P.M.
PLEDGE OF ALLEGIANCE - Councilmember Nancy Wernick
ROLL CALL
Mayor Gordon -
Present
Mayor ProTem Jacobs -
Present
Councilmember Wernick -
Present
Councilmember Gaines -
Present arrived at 5:03 P.M.
Councilmember McDowell -
Present
PUBLIC COMMUNICATIONS - (Related to City Business On13: - 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. No individuals addressed Council
MOVED by Mayor ProTem Jacobs SECONDED by Councilmember McDowell, finding that the need
arose subsequent to the posting of the agenda, to add an item to the agenda for discussion regarding (Elena
Santiago, WCAB Case No. MON 0232935, Clain No. 95- 0200 -006). MOTION PASSED BY THE
FOLLOWING VOICE VOTE. AYES: MAYOR GORDON, MAYOR PROTEM JACOBS,
COUNCILMEMBERS WERNICK AND MCDOWELL. NOES: NONE. ABSENT:
COUNCILMEMBER GAINES. 4/0/1
CLOSED SESSION: The City Council moved into a closed session pursuant to applicable law, including
the Brown Act (Government Code §54950, et Q.) 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)) -
I . In the Matter of the Application of City of Los Angeles, OAH No. L- 9604014
2. Hill v. City of El Segundo, LASC Case No. YC 030986
3. Hughes v. City of El Segundo, LASC Case No. BC 185210
4. Kutil v. City of El Segundo, WCAB Unassigned
5. Senior v. City of El Segundo, WCAB Unassigned
6. Siemienski v. City of El Segundo, WCAB LB00279663
7. Miner v. City of El Segundo, WCAB ANA166752
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to Gov't Code §54956,9(b): -0- potential case (no further
public statement is required at this time); Initiation of litigation pursuant to Gov't Code 154956.9(c): -2-
matters .
06- 16-98.5pm
1
DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957) - Interim City Manager
appointment.
CONFERENCE WITH CITY'S LABOR NEGOTIATOR - (Gov't Code §54957.6) - Meet with
negotiator for Supervisory and Professional Employees Association (Local 911 of the Teamsters AFLCIO)
and the General Employees Association (El Segundo City Employees Association).
CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8) - None
REPORT OF ACTION TAKEN IN CLOSED SESSION NONE
Council reconvened in open session at 6:30 P.M.
A. SPECIAL ORDERS OF BUSINESS -
Continued Interviews of Candidates to Committees /Commissions /Boards (CCBs).
Council consensus to appoint Tim Norland to a full term on the Senior Citizen Housing Corporation Board
to expire June 30, 2002, and Carol Wingate to a partial term to expire June 30, 2001.
PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit) Individuals who have
received value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of
their employer, must so identify themselves prior to addressing the City Council. Failure to do so shall be a misdemeanor and
punishable by a fine of $250.
ADJOURNMENT at 6:55 P.M.
Cindy Mortesen, City Clerk
06- 16- 98.5pm
MIk TIES OF THE
REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, JUNE 16, 1998 - 7:00 P.M.
• CALL TO ORDER Mayor Gordon at 7:00 P.M.
INVOCATION - Pastor Dennis Estill, El Segundo Foursquare Church
PLEDGE OF ALLEGIANCE - Councilmember Nancy Wernick
PRESENTATIONS
ROLL CALL
Mayor Gordon
Mayor ProTem Jacobs
Councilmember Wernick
Councilmember Gaines
Councilmember McDowell
Present
- Present
- Present
- Present
- Present
PUBLIC COMMUNICATIONS - (Related to City Business On1X - 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. Five (5) individuals addressed Council:
1. Gail Church, Tree Musketeers, spoke regarding the concept of a dense forest along Imperial Street.
2. Mark Dean, 610 Penn, ASNAC, spoke regarding the expansion of LAX and the proposed coalition by
Beach Cities, suggesting that the City investigate the possibility of participating.
3. James Boulgarides, resident, expressed concern regarding the City not paying for Jury Service; the tree
issue and single family housing. Mr. Boulgarides felt that the firefighter recruitment should have been
more heavily advertised and advocated increased staffing in the Fire Department.
4. Liz Garnholz, resident, spoke regarding the proposed forest; requested to speak on certain proposed
budget items, and Consent item 3 and F -2.
5. Lana Jordan, 855 Hillcrest Street, President of ROAD, spoke regarding the proposed budget and
pointed out the difference between the asset forfeiture budget and the money provided by the city.
A. PROCEDURAL MOTIONS
1. Consideration of a motion to read all ordinances and resolutions on this Agenda by title
only.
i 01G
MOVED by Councilmember Wernick SECONDED by Mayor ProTem Jacobs to read all ordinances and
resolutions on this Agenda by title only. MOTION PASSED BY UNANIMOUS VOICE VOTE. 510.
Mayor Gordon stated that this is Mr. Morrison's last meeting as City Manager, and thanked him for his
services on behalf of the Council and people of El Segundo.
Mr. Morrison made some brief comments.
B. SPECIAL ORDERS OF BUSINESS -
Continued Public Hearing on FY 1998 -99 Operating Budget and Five Year Capital
Improvement Plan and Adoption of Resolutions approving Appropriations Limit,
Preliminary Budget as amended, and Capital Improvement Plan as amended.
Mayor Gordon stated that this is the time and place for a Continued Public Hearing to discuss FY1998 -99
Preliminary Budget and Five -Year Capital Improvement Plan. He asked if proper notice had been done
and if any written communications had been received. Clerk Mortesen stated that proper notice had been
done and no written communications had been received.
1. Liz Garnholz, resident, opposed using excess monies for a Cultural Center at the High School, and the
Recreation and Parks Department's assumption of grounds' maintenance of public school facilities.
2. Loretta Frye, resident, opposed a Cultural Center at the High School, and grounds' maintenance at
school facilities.
3. Joe Vitori, 124 W. Oak, opposed possible schools' subsidies and social programs.
4. Gail Church, resident, complimented the Council's spirit of cooperation, and supported the street tree
management plan.
It was the consensus of Council to close the public hearing.
MOVED by Councilmember McDowell SECONDED by Councilmember Gains to fund a fourth
firefighter on Engine Number 33. MOTION PASSED BY THE FOLLOWING VOICE VOTE. AYES:
MAYOR GORDON, COUNCILMEMBER, GAINES, MCDOWELL, AND WERNICK. NOES:
MAYOR PROTEM JACOBS. 4/1.
CIVIC CENTER QUAD IMPROVEMENTS $225,000 CONSENSUS
MUSEUM (with the creation of a committee) $125,000 CONSENSUS
(MATCHING FUNDS IF SPENT OVER $75,000)
Q
' i � v
�; l i, .
MOVED by Mayor ProTem Jacobs SECONDED by Councilmember Gaines to approve the HIGH
SCHOOL AUDITORIUM RENOVATIONS, with a specific plan designed with the School Board, for
$200,000 MOTION PASSED BY THE FOLLOWING VOICE VOTE. AYES: MAYOR GORDON,
MAYOR PROTEM JACOBS, COUNCILMEMBERS GAINES AND MCDOWELL. NOES:
COUNCILMEMBER WERNICK. 4/1.
It was the consensus of the Council to continue discussion of Park Vista Repairs to the City Council
regular meeting at 7:00 p.m., July 7, 1998.
COMMUNITY CABLE BULLETIN BOARD
EXPANDED PROGRAM CABLE TV
EXPANDED EQUIPMENT CABLE TV
ADDITIONAL PERSONNEL COSTS - CABLE TV
SKATE BOARD PARK
CIVIC CENTER UTILIZATION STUDY
FIRE STATION #2
TRASH CANS ON MAIN STREET
TREE REPLACEMENT
WEBSITE
92,300
50,000 "
40,000
3.000
160,000 "
30,000 "
340,000
14,000 "
100,000 "
18,000 "
MOVED by Councilmember Gaines, SECONDED by Councilmember McDowell to approve expenditure
of $75,000 on downtown revitalization. MOTION PASSED BY THE FOLLOWING VOICE VOTE.
AYES: MAYOR GORDON, COUNCILMEMBERS GAINES AND McDOWELL. NOES:
COUNCILMEMBER WERNICK. ABSTAIN: MAYOR PROTEM JACOBS 3/1/1.
City Attorney Mark Hensley read the following resolutions by title only:
RESOLUTION NO. 4066
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF EL SEGUNDO, CALIFORNIA,
APPROVING AND ADOPTING AN OPERATING BUDGET
FOR THE FIFTEEN MONTH FISCAL PERIOD 1998 -1999
MOVED by Councilmember Gaines, SECONDED by Councilmember McDowell to adopt Resolution
No. 4066, approving and adopting an operating budget for the fifteen month fiscal period July, 1998 -
September, 1999. MOTION PASSED BY UNANIMOUS VOICE VOTE.5 /0.
CC r G`
RESOLUTION NO. 4067
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF EL SEGUNDO, CALIFORNIA,
APPROVING AND ADOPTING THE
APPROPRIATIONS LIMIT FOR FISCAL YEAR 1998 -99
MOVED by Councilmember Gaines SECONDED by Councilmember Wernick, to adopt Resolution No.
4067, approving and adopting the appropriations limit for fiscal year 1998 -99. MOTION PASSED BY
UNANIMOUS VOICE VOTE. 510.
RESOLUTION NO. 4068
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF EL SEGUNDO, CALIFORNIA,
APPROVING AND ADOPTING A CAPITAL IMPROVEMENT PROGRAM
FOR FISCAL YEARS 1998 -2003
MOVED by Mayor ProTem Jacobs SECONDED by Councilmember Wernick to adopt Resolution No.
4068, approving and adopting a Capital Improvement Program for fiscal years 1998 -2003. MOTION
PASSED BY UNANIMOUS VOICE VOTE. 510.
2. Public Hearing on Environmental Assessment EA -411 and Development Agreement
Extension DA 97 -2 for a five (5) year extension of a Development Agreement for a 182
room hotel and six story, 290,000 square foot office building at 2301 -2381 Rosecrans and
810 -820 South Douglas Street. Applicant: Continental Development Corporation, Mr. Jerry
Saunders.
Mayor Gordon stated this is the time and place hereto fixed for a public hearing on Environmental
Assessment EA -411 and Development Agreement Extension DA 97 -2 for a five (5) year extension of a
Development Agreement for a 182 room hotel and six story, 290,000 square foot office building at 2301-
2381 Rosecrans and 810 -820 South Douglas Street. Applicant: Continental Development Corporation, Mr.
Jerry Saunders. He asked if proper notice had been done and if any written communications had been
received. Clerk Mortesen stated that proper notice had been done and no written communications had been
received.
MOVED by Councilmember Gaines, SECONDED by Councilmember McDowell to continue the Public
Hearing on Environmental Assessment EA -411 and Development Agreement Extension DA 97 -2 to the
City Council regular meeting scheduled for July 7, 1997. MOTION PASSED BY UNANIMOUS
VOICE VOTE. 510.
4 n
3. Proposed (Third quarter) amendments (unfinished items) to the General Plan and Zoning
Code: 1) Signs; and 2) Amplified Sound Permits; and, a Negative Declaration of
Environmental Impacts in accordance with the California Environmental Quality Act
(CEQA). Environmental Assessment EA -419A, General Plan Amendment 97 -3A, and
Zone Text Amendment ZTA 97 -3A, third quarter Amendments. Applicant: City of El
Segundo.
Mayor Gordon stated this is the time and place hereto fixed for a continued public hearing on proposed
(Third quarter) amendments (unfinished items) to the General Plan and Zoning Code: 1) Signs; and 2)
Amplified Sound Permits; and, a Negative Declaration of Environmental Impacts in accordance with the
California Environmental Quality Act (CEQA). Environmental Assessment EA -419A, General Plan
Amendment 97 -3A, and Zone Text Amendment ZTA 97 -3A, third quarter Amendments. He asked if
proper notice was done and if any written communications had been received. Clerk Mortesen stated that
proper noticing had been done and no written communications had been received.
Bill Mason, President, El Segundo Chamber of Commerce, advised that the ad hoc committee supports the
sign ordinance, and has no present position on amplified sound permits.
MOVED by Mayor ProTem Jacobs, SECONDED by Councilmember McDowell to continue the public
hearing to the regular City Council meeting of August 18, 1998, at 7:00 p.m. MOTION PASSED BY
THE FOLLOWING VOICE VOTE. AYES: MAYOR GORDON, MAYOR PROTEM JACOBS,
COUNCILMEMBERS GAINES AND McDOWELL. COUNCILMEMBER WERNICK WAS
TEMPORARILY ABSENT. 4/0/1.
4. Public Hearing concerning City of El Segundo Energy Services Performance Contracting
Program and award of contract to Landis & Staefa, Inc.
Mayor Gordon stated this is the time and place hereto fixed for a continued Public Hearing concerning City
of El Segundo Energy Services Performance Contracting Program and award of contract to Landis & Staefa,
Inc. He asked if proper notice was done and if any written communications had been received. Clerk
Mortesen stated that proper noticing had been done and no written communications had been received.
MOVED by Councilmember Wernick SECONDED by Councilmember McDowell to continue the public
hearing to August 4, 1998, 7:00 P.M. MOTION PASED BY UNANIMOUS VOICE VOTE. 510.
C. UNFINISHED BUSINESS - NONE
o 0 1!' "I
D. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS -
1. Appointments made by the City Council on Tuesday, June 9, 1998 to the various
Committees, Commissions and Boards.
Planning Commission - Gerry Preciado to a full four year term to expire June 30, 2002.
Library Board of Trustees - Thomas Coonan and John Vautrain to full 3 year Terms to expire
June 30, 2001.
Capital Improvement Program
Advisory Committee -
Mike Dugan to a full term to expire November 30, 2002, and John
Van Hook to a partial term to expire November 30, 2000.
Invest Advisory Committee -
Lee Ann Engivous to a term to expire August 30, 2001.
Rec. and Parks Commission -
Michael Kretzmer to a full term to expire May 30, 2002.
Senior Citizens Housing Corp.
Tim Norland to a full term on the Senior Citizen Housing Corporation
Board to expire June 30, 2002, and Carol Wingate to a partial term to
expire June 30, 2001.
Downtown Task Force -
Mayor Gordon
Councilmember McDowell
Bill Ruane, ReMax Realtors
Frank Glynn, Architect
Brenda Newman, Roanne Mahony, Jewelry Source
Jeff & Patty Brown, Richmond St. Bar & Grill
Steve Claman, Ralphs
Nancy Cobb, DESI
Fred Hickey, Downtown Property Owner
John Pursell, Downtown Property Owner
Brian Polkinghorne
Richard Lundquist
Joanne Edelfsen
Nicky Wislocky
Eric Johnson
Susan Truax, Resident
Ron Hart
Ron Stone
Dennis Estill, Foursquare Church
Councilmember Gaines reported on the activities of the Southern California Joint Powers Authority, and
requested that staff contact Long Beach to share their results. He also reported on a recent Department of
Airports Advisory Committee meeting he attended.
()C.1GF
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 247700- 248041 on Demand Register Summary Number 26 in total
amount of $869,371.63, and Wire Transfers in the amount of $224,101.31.
2. City Council meeting minutes of May 30, June 2 and June 9, 1998.
PULLED FOR DISCUSSION BY MAYOR GORDON.
4. Recommend to accept the low bid from Metro Video Systems, Inc. For $17,281.63, and
reject all other bids and authorize additional $1,031.63 from asset forfeiture funds for
upgrades to the Police Department video surveillance system.
5. Extension of Contract No. 2132 for the term of September 30, 1999 - City /School District
Library Systems Affiliation Agreement for the period July 1, 1998 through September 30,
1999, and increase the level of service to include a fourth school library branch site. (Fiscal
Impact: 7/98 -9/99 = $159,372).
6. PULLED FOR DISCUSSION BY COUNCILMEMBER WERNICK.
7. Reject apparent low bid of The Reynolds Group as being non - responsive, authorize City
Attorney to review Reynolds Group request for determination regarding withdrawal of their
bid and forfeiture of their bid bond; and award Contract No. 2609 to MZN Construction
Inc. for the replacement of existing underground storage tanks and installation of a fuel
management system for the City Maintenance Facility at 150 Illinois Street (Contract
amount of $345,670.00).
8. Adopt plans and specifications for the 1997 -98 Slurry Seal of Various Streets - Project No.
PW 97 -11 (estimated cost $85,000.00).
MOVED by Councilmember Wernick SECONDED by Councilmember McDowell to approve consent
agenda items 1, 2, 4, 5, 7, and 8. MOTION PASSED BY UNANIMOUS VOICE VOTE. 510.
CALL ITEMS FROM CONSENT AGENDA
3. Approval of Tract Map No. 52427 for the Grand Avenue Corporate Center Project.
MOVED by Mayor Gordon SECONDED by Councilmember McDowell to approve consent agenda item
3. MOTION PASSED BY UNANIMOUS VOICE VOTE. 510.
",0169
6. Adopt Resolution No. 4069 relating to Lifeline Water Service (estimated annual cost =
$16,000.00).
MOVED by Councilmember Wernick SECONDED by Mayor ProTem Jacobs to approve consent agenda
item 6. MOTION PASSED BY UNANIMOUS VOICE VOTE. 510.
F. NEW BUSINESS - CITY MANAGER -
1. Appointment of Interim City Manager.
MOVED by Councilmember Gaines, SECONDED by Councilmember McDowell to appoint Police Chief
Tim Grimmond as Interim City Manager, and increase his interim salary to match the current City
Manager's salary. MOTION PASSED BY UNANIMOUS VOICE VOTE. 510.
2. Transfer of Ownership of Alcoholic Beverage Control (ABC) license (with proposed
modifications to operating conditions) for off -site sale and consumption of beer and wine
(Type 20 - Off Sale Beer and Wine) at the existing Goodstop Market at 601 Virginia Street
JABC 98 -2). Applicant: Mohamad Rana, Buyer; Chu Op & Pung S. Bark, Sellers.
MOVED by Councilmember McDowell, SECONDED by Councilmember Gaines to authorize the
Director of Planning Building Safety and the Police Chief to send a letter to Alcoholic Beverage Control
Board, protesting approval of transfer of Beer and Wine permit at the existing Goodstop Market.
MOTION PASSED BY UNANIMOUS VOICE VOTE. 510.
G. NEW BUSINESS - CITY ATTORNEY - NONE
H. NEW BUSINESS - CITY CLERK - NONE
I. NEW BUSINESS - CITY TREASURER - NONE
J. NEW BUSINESS AND REPORTS - CITY COUNCILMEMBERS
Councilmember McDowell -
Gave a brief status report on the Airport Advisory Committee.
Councilmember Gaines - NONE
Councilmember Wernick -
1. Discussion of Policy Manual.
Councilmember Wernick received Council consensus to request input from
department heads, city clerk, city treasurer, city attorney, and city manager.
Direct staff to investigate the Hyperion Landscape problems.
- Mayor Pro Tem Jacobs -
Thanked the City Manager for his services to the City.
- Mayor Gordon -
1. Solicitation of applications for City Treasurer position.
Directed Staff to solicit applications through 5:00 p.m., July 6, 1998, and schedule
interviews for July 7, 1998.
Loretta Frye, stated this is an elective office and she feels she should be able to vote on it.
City Attorney, Mark Hensley advised that the California Government Code authorizes the City Council to
appoint an interim City Treasurer to fulfil the current City Treasurer's term of office.
PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit) individuals who have
received value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer,
must so identify themselves prior to addressing the City Council. Failure to do so shall be a misdemeanor and punishable by a fine of $250.
Six (6) individuals addressed Council:
1. Dorothy Kent, resident, felt that public services' departments collecting fees should be audited.
2. Joan Trimble, Valley Street, expressed concern regarding the City's parking situation.
3. Loretta Frye, resident, expressed concern regarding neglect of the elderly in the budgetary
appropriations.
4. Liz Garnholz, resident, requested clarification on the new paramedic fees.
5. Loretta Frye, resident, stated this is a transport charge only, and that the paramedics transport to
the hospital they are affiliated with.
6. Peggy Tyrell, resident, questioned how the City paramedics can change their hospital destination.
9 0 17 '
MEMORIALS: Pam King and John Mitchell
CLOSED SESSION - NONE
ADJOURNMENT: at 11:00 p.m. to June 30, 1998 at 4:00 p.m.
Cindy Mortesen, City Clerk
10
EL SEGUNDO CITY COUNCIL MEETING DATE: July 7, 1998
AGENDA ITEM STATEMENT AGENDA HEADING: Consent
AGENDA DESCRIPTION:
Request the City Council to authorize contracting the professional services of a Quality Improvement/Assurance
Emergency Medical Services Educator. Fiscal Impact: Not to exceed $15,000 annually.
RECOMMENDED COUNCIL ACTION:
Approve a sole source one year contract (renewable annually) for the professional services of Evelyn A. Riley,
M.Ed., R.N., M.I.C.N.
INTRODUCTION AND BACKGROUND:
In 1995, a mandate from the California Code of Regulations, Title 22, Section 1000141.2, 100166, 100167, and
100168, of the Health and Safety Code Division 2.5, Section 1797.220, California Evidence Code Section 1157.7
assigned responsibility of the delivery of Emergency Medical Services (EMS) to fire providers to monitor the quality
of patient care delivered. Under this authority all paramedic providers were required to develop, adopt, and
implement a plan for Quality Improve menUAssurance (QI) and have that plan approved by the local EMS agency.
When the El Segundo Fire Department's Quality Im prove menUAssurance plan was audited by the Los Angeles
County Health Department, it was not in compliance in many areas. Therefore, the need for an EMS Educator was
identified. The EMS Educator will provide plan implementation, in -house continuing education, and design and
provide training to fill specific identified needs.
DISCUSSION:
Since Quality Improvement/Assurance (QI) is a method of the evaluation of services provided, it has many positive
aspects. Quality Improvement/Assurance includes defined standards, evaluation methodologies and utilization of
evaluation results for continued system improvement. A QI program provides a system for evaluating and improving
the care delivered to the citizens of the area serviced. This is accomplished by reviewing current treatments
rendered with patient outcomes, and incorporating the findings with education provided to both emergency medical
technicians and paramedics. QI will also decrease the chances of successful litigation being brought against the
City. If the QI program is successful in deterring even one lawsuit, the program has been paid for many times over.
In preparing to meet the mandates, many fire departments have hired Evelyn Riley who is specifically trained in
managing customized Quality Improvement/Assurance programs that can be easily integrated and linked into an in-
house training program for both emergency medical technicians and paramedics. Therefore, it is our
recommendation that City Council approve a sole source one year contract with Evelyn Riley.
ATTACHED SUPPORTING DOCUMENTS:
1. Resume of Evelyn A. Riley, M.Ed., R.N., M.I.C.N.
2. Scope of Services
3. Professional Services Agreement
FISCAL IMPACT:
(Check one) Operating Budget:_ Capital Improv. Budget:
Amount Requested: $15.000
ProjecUAccount Budget:
Project/Account Balance: Date:
Account Number:
Project Phase:
Appropriation Required - Yes No
ORIGINATED: �6 Date:
John W. Gilbe ctin Fire Chief
REVIEWED BY: Date:
J26es W. Morrison, City Man
ACTION TAKEN:
EVELYN (LYN) RILEY
2937 E1 Caminito Street
La Crescenta, California 91214
Office: (818) 957 -4941 Pager: (714) 550 -8627 Fax: (818) 957 -4462
OBJECTIVE:
♦ Emergency Medicine / Prchospital Care'l✓ducation
♦ Quality Education Management Programs
SUMMARY:
Twenty years experience in the education of paramedics, emergency medical technicians, and nurses in
the specialty of emergency and trauina medicine. Management expertise in conception and function of
educational programs including independent continuing education seminars for EMTs, nurses and
paramedics. Continuing on -gong expertise in emergency medicine accomplished through hands -on
experience as a Clinical Nurse /Mobile Intensive Cue Nurse. Total quality management analysis,
design and implementation of medical and preb.ospital care programs.
EXPERIENCE:
Solely responsible for designing and implementing an Emergency Medical Technician Program,
accredited by the Los Angeles County Department of Health Services, administered through Queen
of Angels Medical Centez•, Los Angeles.
b Developed and taught eight -hour review courses .for recertification ft)r mobile intensive care nurses
and paramedics in Los Angeles County.
f Coordinated quality assurance programs dealing with patient care issues in the prehospital and
emergency department settings, in the capacity of Prehospital Care Coordinator, Trauma Nurse
Coordinator and Pediatric Liaison Nurse.
� Senior -NN-i•iter for Paramedic Pipeline publication. Responsible for NN'riting three monthly article
based on phamracology, emergency medical issues /topics, and biographical reviews of prominent
ENIS professional.
a Involved in program coordination /teaching Emergency Medical Technician Progiauns for Los
Angeles City Fire Department, Los Angeles County Department of beaches and Harbors, Chevron
Oil Corporation, Mobile Oil Corporation, Northrop Industries, UCLA EMT Program, and Glendale,
Community College EMT School.
♦ Designed and taught sixt,� -four Dour developmental course for preparation /certification of Mobile
.Intensive Care Nurses.
♦ Designed find facilitated provider- based /in -house continuing education and quality improvement
programs. �' v ! `�
Lyn Rilev
(818) 957 -4941
Primary- Instructor / United States Navy Seal Paramedic Training Program at South Western
Community College, Chula Vista, California .
♦ Critical Incident Stress Debriefing / Peer Support Counselor Fire Department, Paramedic and EMT
Personnel.
PROFESSIONAL CLINICAL NURSING / EDUCATION AND
QUALITY MANAGEMENT EXPERIENCE
11/97 to Present EMS Educator / Quality Improvement Facilitator
Manhattan Beach Fire Department, Manhattan Beach, California
4/97 to Present Primary Instrcuctor / U.S. Navy Seal Paramedic Training Program
Southwestern College, Chula Vista, California
05/96 to Present EMS Educator / Quality Improvement Facilitator
Monterey Park Fire Department, Monterey Park, California
0^196 to 02/98 )=, MS Educator / Quality Improvement. Facilitator
Arcadia 1~ ire Department, Areadii , California
04/96 to Present Staff Nurse / Mobile Intensive Cure Nurse
Henry Mayo Newhall Memorial Hospital, Valencia
02/96 to Present EMS Educator / Quality )r?lrxovement Facilitator
Alhambra Fire Department, Alh,-unbra
02/95 to Pre:.nt EMS Educator /Quality Improvement Facilitator
Dmvney Fire Department, Dovniey
03/91 to 04/96 Prehospital Care Coordinator /Pediatric Liaison Nurse
Beverly Hospital, Montebello
12/91 to 06196 Mobile. Intensive Care Nurse (per dieni)
San Dimas Connnunity Hospital, San Dimas
11/89 to 03/91 Emergency Medical Services Educator
Lona Beach Fire Department, Long Beach
08/89 to 12/91 Mobile Intensive Cue Nurse (per diem)
Queen of Angels / Hollywood Presbyterian Medical Center, Hollywood
11/88 to 11/89 Prehospital Care Coordinator / Pediatric Liaison Nurse
Beverly Hospital, Montebello
C i V7
11/97 to 11/88 Prehospital Care Coordinator / Trauma Nurse
Henry Mayo Newhall Memorial Hospital, Valencia
L)71 Riley (818) 9$7 -4941
01 /$3 'to 02/88 Program Coordinator / Primary Instructor
Queen of Angels Emergency Medical Technician School
Queen of Angels Medical Center, Los Angeles
11/79 to 11/87 Assistant Director / Paramedic Liaison Nurse
Emergency Department, Base Station
Queen of Angels Medical Center, Los Angeles
11/79 to 11/88 Mobile Intensive Care Nurse (per diem)
Cedars Sinai Medical Center, Los Angeles
PROFESSIONAL MEMBERSHIPS:
Los Angeles Comity EMS Agency
Quality Improvement Task Force
Committee Member, 1995 to Present
Los An_�cles County EMS Agency
EMS Forms Revision Committee
Committee kfenzber, 1995 w Present
Association of Quality Managers and EMS Educators (AQEME), Los Angeles and Orange Counties
Commitlee Member, 19.95 to Present
Association of Prehospital Care Coordinators, Los Angeles
Vice- Presicient, 01189 to 10/(0 President 11189 to 121,39
Prehospital Care Advisory Conunittee
Committee A-feniber, 1988 -1991
Los Angeles County Paramedic Training Institute.
Continuing Education Ad Hoc Committee
Committee Member, 19814990
Association of Prehospital Care Coordinators, Los Angeles
Choh person, Education Committee, 1983-198-1& 1985 -1957
Association of Paramedic Liaison Nurses, Los Angeles
Past President, 1953 -198.1
C01 `7r
Lyn Riley (818) 957 -4941
PROFESSIONAL LICENSES AND CERTIFICATIONS:
Califomia Nurses License 41,223088
Los Angeles County Mobile Intensive Care Nurse 9N1043
Instructor, Basic Cardiac Life Support (1975)
Instructor, Advanced Cardiac Life Support (197 8)
Instructor's Instructor, Basic Trauma Life Support, Association of Emergency Physicimis (1987)
Instructor's Instructor, AIDS Project Los Angeles
Provider, Pediatric Advanced Life Support (1991)
Instructor, Pediatric Advanced Life Support (1995)
Peer Counselor, Critical Incident and Stress Debriefing (1998)
TEACHING CERTIFICATES:
1978 Instructor, Basic Cardiac Life Support
American Hcart Association
1978 Instructor, Advanced Cardiac Life Support
American Heart Association
1987 Instructor's Instructor, Basic Traunia Lifc Support
Association of Emergency Physicians
19S7 Instructor's Instnlctor
AIDS Project Los Angeles, Prehospital Care Committee
1 995 Instructor, Pediatric Advanced life Support
American Heart Association
(,05,7..,
Lyn Rilcy (818) 957 -4941
EDUCATION:
Montreal General Hospital School of Nursing
Montreal, Quebec, Canada
Diploma Degree Nursing, September 1971
University of La Verne
La Verne, California
Bachelor of Science, Health Care Management, May 1990
University of La Verne
La Verne, California
Master of Education, Emphasis: Adult Education, December 1992
Azusa Pacific University
Azusa, California
Master of Science in Nursing, 12 units, 1 995
001 T'
THIS AGREEMENT
day of
Segundo, a municipal
"City" and
to as "Consultant ".
( "Agreement "), is made and entered into this
19 , between the City of El
corporation, hereinafter referred to as
, hereinafter referred
The parties hereto mutually agree as follows:
SECTION 1. RECITALS. This Agreement is made and entered into
with respect to the following facts:
a. That the City is desirous of obtaining the
services of a qualified consulting service to perform continuing
education classes; and
b. That the City accepts a sole source proposal; and
C. That Consultant has been selected by the City as
the most qualified to provide such services and Consultant has
agreed to perform such services, subject to the terms and
conditions set forth in this Agreement; and
d. That the legislative body of the City has
determined that the public interest, convenience and necessity
require the execution of this Agreement.
SECTION 2. SERVICES. Consultant agrees to and shall
perform all work required and reasonably necessary in order to
provide the services ( "Services ") to the City as set forth in
Exhibit A, attached hereto and incorporated herein by this
reference. The Services to be provided hereunder shall be
performed in accordance with the terms of this Agreement.
SECTION 3. TIME FOR SERVICES TO BE RENDERED. Consultant
shall complete the Services required under this Agreement
according to the schedule set forth in Exhibit B, attached hereto
and incorporated herein by this reference.
SECTION 4. TERM. This Agreement shall commence on July 1,
1998, and shall remain and continue in effect until tasks
described herein are completed, but in no event later than July
1-, 1922.
001 7(?
SECTION 5. PERFORMANCE. Consultant shall employ, at a
minimum, generally accepted standards and practices utilized by
persons engaged in providing similar services, as are required of
Consultant hereunder, in meeting its obligations under this
Agreement. Consultant's performance under this Agreement shall
be continuously evaluated by Fire Chief ( "Chief ") or his or her
designee. Consultant shall be notified in writing of any
deficiency in a timely manner. Consultant shall have fifteen
(15) consecutive business days from service of such notification
to cure any deficiency to the reasonable satisfaction of the
Director or his or her designee.
SECTION 6. EXTRA SERVICES. No extra services shall be
rendered by Consultant under this Agreement unless such extra
services first shall have been authorized in writing by the City.
SECTION 7. CITY SUPERVISION. The Fire Chief of the City,
or his or her designee, shall have the right of general
supervision of all work performed by Consultant and shall be the
City's agent with respect to obtaining Consultant's compliance
hereunder. The Chief or his or her designee shall at all times
have access to the Consultant's work for the purposes of
inspecting the same and determining that the work is being
performed in accordance with the terms of the Agreement.
SECTION 8. COMPENSATION. The City agrees to compensate
Consultant for its Services in the amounts as provided in the fee
schedule set forth in Exhibit C, attached hereto and incorporated
herein by this reference. The total compensation to be paid by
City to Consultant shall not exceed $ 15.000.00 for the total
term of the Agreement, including reimbursable expenses, unless
additional payment is approved by the City Council.
Consultant shall submit invoices monthly, in duplicate, for
actual services performed. The invoices shall include supporting
documentation such as detail of employee classifications and
hours worked, receipts for reimbursable expenses billed to City
and additional support information as City may reasonably
require. The City shall review each invoice submitted by the
Consultant to determine whether the services performed and
materials submitted are in compliance with the provisions of this
Agreement. All invoices shall be approved or returned to
Consultant for correction.
SECTION 9. SUSPENSION, TERMINATION OR ABANDONMENT OF
AGREEMENT. The City may, at any time, with or without cause,
suspend, terminate or abandon this Agreement, or any portion
hereof, by serving upon the Consultant at least thirty (30) days
prior written notice. Upon receipt of said notice, the
-2-
00180
Consultant shall immediately cease all work under this Agreement,
unless the notice provides otherwise. Upon receipt of such
notice, the Consultant shall immediately prepare and serve upon
the City an invoice covering all outstanding fees or other
claimed compensation. Within thirty (30) days after approval of
said invoice, the City shall cause payment to the Consultant the
amount so approved, or the City shall provide the Consultant with
a written statement objecting to the charge. For incomplete
tasks in progress as of the date of the giving of notice of
termination by the City, Consultant shall be compensated for
actual costs and work performed as of the effective date of such
notice.
If the City suspends, terminates or abandons a portion of
this Agreement, such suspension, termination or abandonment shall
not make void or invalidate the remainder of this Agreement.
SECTION 10. BREACH OF CONTRACT. In the event that
Consultant is in default under the terms of this Agreement, the
City shall have no obligation or duty to continue compensating
Consultant for any work performed after the tasks described
herein are performed to the reasonable satisfaction of the Fire
Chief of the City. Failure by the Consultant to make progress in
the performance of work hereunder, if such failure arises out of
causes beyond his or her control, and without fault or negligence
of the Consultant, shall not be considered a default.
If the Chief or his or her designee determines that the
Consultant is in default in the performance of any of the terms
or conditions of this Agreement, it shall serve the Consultant
with written notice of the default. The Consultant shall have
ten (10) days after service upon it of said notice in which to
cure the default by rendering a satisfactory performance. In the
event that the Consultant fails to cure its default within such
period of time, the City shall have the right, notwithstanding
any other provision of this Agreement, to terminate this
Agreement without further notice and without prejudice to any
other remedy to which it may be entitled at law, in equity or
under this Agreement.
SECTION 11. OWNERSHIP OF DOCUMENTS. All original docu-
ments, designs, drawings and notes prepared in the course of
providing the services to be performed pursuant to this Agreement
shall become the sole property of the City and may be used,
reused or otherwise disposed of by the City without the permis-
sion of the Consultant. Upon termination of this Agreement,
Consultant shall turn over to City all original papers, drawings,
models, reports, documents or other materials generated by
Consultant under this Agreement.
-3-
60181_
SECTION 12. OWNERSHIP OF MATERIALS. All reports, docu-
ments, floppy discs, diskettes or other materials developed or
discovered by Consultant during the course of this Agreement
shall be solely the property of the City without restriction or
limitation on City's use.
SECTION 13. CONFIDENTIALITY. Consultant shall not, either
during or after the term of this Agreement, disclose to any third
party any confidential information relative to the work or the
business of the City and /or any affiliated organization, without
the written consent of the City.
SECTION 14. PUBLICATION. Publication, teaching or
reproduction by Consultant of information directly derived from
work performed or data obtained in connection with services
rendered under this Agreement is prohibited unless first approved
in writing by City.
SECTION 15. EXAMINATION OF RECORDS. Consultant agrees that
any duly authorized representative of City shall have access to
and the right to examine any pertinent books, documents, papers,
and accounting records of Consultant which pertain to trans-
actions under this Agreement for a period of three (3) years
after expiration of this Agreement.
SECTION 16. INDEPENDENT CONTRACTOR. The Consultant is and
shall at all times remain as to the City a wholly independent
contractor. Neither the City nor any of its officers, employees
or agents shall have control over the conduct of the Consultant
or any of the Consultant's officers, employees or agents, except
as expressly set forth in this Agreement. The Consultant shall
not at any time or in any manner represent that it or any of its
officers, employees or agents are in any manner officers,
employees or agents of the City.
No employee benefits shall be available to Consultant in
connection with the performance of this Agreement. Except as
provided in the Agreement, City shall not pay salaries, wages, or
other compensation to Consultant for performing services here-
under for City. City shall not be liable for compensation of or
indemnification to Consultant for injury or sickness arising out
of performing services hereunder.
SECTION 17. LEGAL RESPONSIBILITIES. The Consultant shall,
at all times during the term of this Agreement, have in full
force and effect, all licenses and permits required of it by law,
including, but not limited to, an El Segundo Business license.
The Consultant shall keep itself informed of State and Federal
laws and regulations which in any manner affect those employed by
G, 0119 21
the Consultant or in any way affect the performance of the
services pursuant to this Agreement. The Consultant shall at all
times observe and comply with all applicable laws, ordinances,
codes and regulations of federal, state and local governments,
including but not limited to the El Segundo Municipal Code. The
City, and its officers, employees or agents, shall not be liable
at law or in equity occasioned by failure of the Consultant to
comply with this section. Consultant may be required to file a
Statement of Economic Interests (Form 730 of the California Fair
Political Practices Commission) with the City for employees
designated to the City to be used on this project prior to the
execution of this Agreement.
SECTION 18. EQUAL OPPORTUNITY CLAUSE. Consultant and its
subconsultants shall not discriminate against any employee or
applicant for employment in its recruiting, hiring, promotion,
demotion, transfer, layoff, rates of pay or other forms of
compensation, selection for training including apprenticeship, or
termination practices on the basis of race, religious creed,
color, national origin, ancestry, sex, age or physical handicap
in the performance of this Agreement and shall comply with the
provisions of the State Fair Employment Practices Act as set
forth in Part 4.5 of the Division 2 of the California Labor Code;
the Federal Civil Rights Act of 1964, as set forth in Public Law
88 -352, and all amendments thereto; Executive Order No. 11246;
and all administrative rules and regulations issued pursuant to
such acts and order.
SECTION 19. UNAUTHORIZED ALIENS. Consultant hereby
promises and agrees to comply with all of the provisions of the
Federal Immigration and Nationality Act (8 U.S.C.A. § 1101, et
seq.), as amended; and, in connection therewith, shall not employ
unauthorized aliens as defined therein. Should Consultant so
employ such unauthorized aliens for the performance of work
and /or services covered by this Agreement, and should the Federal
Government impose sanctions against the City for such use of
unauthorized aliens, Consultant hereby agrees to, and shall,
reimburse City for the cost of all such sanctions imposed,
together with any and all costs, including attorneys' fees,
incurred by the City in connection therewith.
SECTION 20. AMERICANS WITH DISABILITIES ACT. Consultant
shall comply with all requirements of the Americans With
Disabilities Act (ADA) 1990. (42 USC Section 120101 et. seq.)
SECTION 21. NOTICE. Whenever it shall be necessary for
either party to serve notice on the other regarding this
Agreement, such notice shall be served by personal service or
certified mail, postage prepaid, return receipt requested,
-5-
�C.t83
addressed to the City of El Segundo, Fire Department, 314 Main
Street, El Segundo, California, 90245, and the Consultant at Lyn
Riley. EMS Educational Services, 2937 El Caminito Street, La
Cresenta. CA 91214 unless and until different addresses may be
furnished in writing by either party to the other. Notice shall
be deemed to have been served on the day of personal service or
seventy -two (72) hours after the same has been deposited in the
United States Postal Services. This shall be valid and
sufficient service of notice for all purposes.
SECTION 22. ASSIGNMENT. The Consultant shall not assign,
transfer or subcontract the performance of this Agreement, nor
any part thereof, nor any monies due hereunder, without prior
written consent of the City.
SECTION 23.
a. Professional Liability Insurance. The Consultant
shall, prior to the effective date of this Agreement, secure from
a company or companies authorized to do business in the State of
California, pay for, and maintain in full force and effect during
the term of this Agreement, a policy or policies of errors and
omissions and personal auto insurance.
b. Additional Insured. The City and its respective
elected and appointed officers, employees and agents shall be
named as additional insured on the comprehensive general and auto
liability policies required under this Agreement. The coverage
shall contain no special limitation on the scope of protection
afforded to the City, its officers, employees and agents. For
any claims related to the services under this Agreement, the
Consultant's insurance coverage shall be primary insurance as
respects the City, its officers, employees and agents. Any
insurance or self- insurance maintained by the City, its officers,
employees or agents shall be excess to the Consultant's insurance
and shall not contribute with it.
C. Insurance Certificates. Prior to the effective
date of this Agreement, the Consultant shall file with the City
Certificates of Insurance for all insurance policies required
under this Agreement. A current Certificate or Certificates
shall be maintained on file at all times during the term or
extended terms of this Agreement. Each such Certificate shall be
subject to approval as to form by the City Attorney of the City.
Each such Certificate shall bear an endorsement providing that
0 01 ,�
the policy to which it relates cannot be terminated or materially
altered except after thirty (30) days prior notice to the City
either by hand delivery to the City or sent by U.S. certified and
registered mail.
d. Termination for Lack of Required Insurance
Coveraae. If Consultant, for any reason, fails to have in place,
at all times during the term of this Agreement, all required
insurance and coverage, the City may obtain such coverage at
Consultant's expense, and deduct the cost thereof from sums due
Consultant hereunder, and /or terminate this Agreement, forthwith.
SECTION 24. INDEMNIFICATION. The Consultant agrees to, and
shall defend, indemnify, protect and hold harmless the City, its
elective and appointive boards, officers, officials, employees,
agents and volunteers from and against any and all claims,
demands, losses, defense costs, fines, penalties, expenses,
causes of action and judgments at law or in equity, or liability
of any kind or nature which the City, its elective and appointive
boards, officers, officials, employees, agents and volunteers may
sustain or incur or which may be imposed upon them for injury to
or death of persons, or damage to property arising out of
Consultant's performance under the terms of this Agreement.
SECTION 25. ENTIRE AGREEMENT. This Agreement contains the
entire understanding between the City and Consultant. Any prior
agreements, promises, negotiations or representations not
expressly set forth herein are of no force or effect. Subsequent
modifications to this Agreement shall be effective only if in
writing and signed by all parties. If any term, condition or
covenant of this Agreement is held by a court of competent
jurisdiction to be invalid, void or unenforceable, the remaining
provisions of this Agreement shall be valid and binding.
SECTION 26. WAIVER. Waiver by any party hereto of any
term, condition, or covenant of this Agreement shall not
constitute the waiver of any other term, condition, or covenant
hereof.
SECTION 27. BINDING EFFECT. This Agreement shall be
binding upon the heirs, executors, administrators, successors and
assigns of the parties hereto.
SECTION 28. ATTORNEY'S FEES. If litigation is reasonably
required to enforce or interpret the provisions of this Agree-
ment, the prevailing Party in such litigation shall be entitled
to an award of reasonable attorney's fees, in addition to any
other relief to which it may be entitled.
-7-
00185
k
SECTION 29. GOVERNING LAW. This Agreement shall be
interpreted and construed according to the laws of the State of
California.
SECTION 30. EFFECTIVE DATE AND EXECUTION. This Agreement
shall be effective from and after the date it is signed by the
representatives of the City. This Agreement may be executed in
counterparts.
SECTION 31. APPROVAL BY CITY COUNCIL. On , the
City Council of the City of E1 Segundo approved the City entering
into this Agreement and authorized the Mayor to sign this
Agreement on behalf of the City.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed the day and year first above written.
CITY OF EL SEGUNDO CONSULTANT:
By:
Mayor
APPROVED AS TO FORM:
Mark D. Hensley
City Attorney
ATTEST:
Cindy Mortesen
City Clerk
By:
Print /Type Name:
()0j 9p,
The EMS Educator agrees to provide a combined thirty -three (33) hours of continuing
education/quality assurance program hours to the El Segundo Fire Department monthly, or as
otherwise mutually agreeable to the EMS Educator and the Fire Chief
a. All services are to be provided subject to the approval of the Fire Chief
b The EMS Educator is to provide annually a minimum of twenty -four (24) hours of continuing
education to each El Segundo Fire Department paramedic. All continuing education so
provided shall meet the criteria established by the County of Los Angeles and the State of
California to fulfill recertification requirements.
C. The EMS Educator is to provide annually a minimum of twelve (12) hours of continuing
education to each El Segundo Fire Department EMT -1. All continuing education so provided
shall meet the criteria established by the California State Fire Marshal's Office.
d. The EMS Educator shall evaluate individual paramedics under field conditions, and design
and provide training to fill specific needs identified.
e. The EMS Educator is to provide limited liaison between the El Segundo Fire Department and
the emergency medical commuiuty including local hospitals and the Los Angeles County
Health Department.
The EMS Educator is to provide such records and reports to the Fire Chief, as will perrut an
effective and comparable evaluation of the programs described above.
g. The EMS Educator is to provide leadership and coordination in implementing and maintaining
a department -wide quality assurance (improvement) program and continuing education for
EMT -1 Is and EMT -Ps.
c)D187
M.:i *M4-:1.4:a7
From July 1, 1998 through June 31, 1998 will
provide 33 /hours of continuing education instruction
(11 hours per shift (A, B, C)) per month.
-11-
EXHIBIT C
$37.50 /hour
33 hours /month
(11 hours per shift /3 shifts
$1,250.00 /month
-12-
u018 9
JUN -29 -98 MON 02:54 PM MONTEREY PARK FIRE DEPT. 818 3071381
•wvnC�3 +P;1„asspu„
11111! l !IIII!IIIIIII!II' ill' ►1�1�I1!!lil!I�!�fll l!IIl!�I ll'
Allstate
Automobile
Insurance
A Quick Guide to This Package
' PROOF OF INSURANCE CARD
State law requires that these cards be kept in
your vehicles. If you accept this offer to renew,
please place them In your vehicles on the
effective date.
• POLICY DECLARATIONS
The Policy Declarations section contains detailed
information about your policy such as drivers,
vehicles, coverages, limits. and premiums.
Please take a moment to check this information.
• CHANGES TO YOUR POLICY
This section lists any changes chat have been
made to your Insurance coverage effect;ve at
this renewal. Please read through. this secton
carefully
' IMPORTANT NOTICE
The important Notice - 6Ctlon pro;ldo� you with
explanations about insurance issues or any other
po!Icy information that we think may be helpful
to you.
• QUESTIONS
Do you have any questions about this package?
Just call your Allstate agent
Important: Please note that this mailing Is our
policy renewal offer. Your coverage won't
continue unless we receive the required
payment before the policy effeetive date
and time listed on the enclosed Policy
Declarations.
Your bill will be mallsd separately
r California /�
s All St&.
Proof of Auto Insurance Card You're Ln good hAnds.
Allstate Insurance Company
Evelyn Riley
2937 El Canlinito St
LA Crescenla CA 91214.2008
POLICY NUMorn
YEAR/ MAKE 1 MOOtI.
6 99 852586 12127
90 Ford Aerostar
EFFECTIVE DATE
VEHICLE IC NUMBER
06/17/98
1 FMDA31 UXLZA33889
EXPIRATION DATE
12121/38
This card must be carried in the of cle at all Ames or evdencs of rnsr,rance
............. •
California
................, ...•.... .
Ally.
Proof of Auto Insurance Card YouYe 1A pod hands.
Allstate Insurance Company
Evelyn Riley
2937 El Caminilo SI
LA Crescenla CA 91214.2006 For Registration Purposes
POLICY NUMBER
YEAR I MAKE / MODE:
6 99 85256612127
90 Ford Aarostar
ErFECTNE DAD;
VEHICLE 10 NUMBER
06/2198
1 FMDA31 UXLZA.33 °89
EXCIr,ATi0 DATE
12.27/98
Th,s Card m,/si be carved !n the Vehicle at o/l URres or ev dence 0117slU9nco
California
MOM
Proof of Auto Insurance Card You're in goodhaods.
Allstate Insurance Company
Evelyn Rltey
2937 El Caminito St
LA Crescenla CA 91214 -2006
POLICY NUMBER
YEAR / MAXI / MOUI
6 99 85258612/27
87 Maria RX7
EFFECTIVE DATE
VIDK'kE ID NUMBER
06/Z7/98
JM1 FC3318NC5C9210
EXPIRATION DATE
12/17/98
DE, cold CIJst be estped in the vehicle at ol'rrmes as, #vJP?ce ollnsWaoce
. " ...................•.•.•.......
California
AIIs�t� O
Proof of Auto Insurance Card You're to good Mr.&.
Allstate Insurance Company
Evelyn Riley
2937 El Caminilo St
LA Cteecenta CA 91214.2008 For Registration PUrpOSeS
W " O POLICY 'f 1!
6 99 852586 12/27 87 Mazda RX7
EFFECTIVE, DATE VEHICLE Iu NUMBER
C5 ?7,r?3 ]YIFC,33'13N35'?9210
P.02
JUN -29 -98 MON 02:54 PM MONTEREY PARK FIRE DEPT. 818 3071381
Allstate Indemnity Company
RENEWAL
Auto Policy Declarations
Summary
NAMED INSURED(S)
Evelyn Riley
2937 El Caminito St
LA Crescenta CA 91214 -2006
POLICY NUMBER
6 99 852586 12/27
ORIVER(S) LISTED
Evelyn
YOUR ALLSTATE AGENT IS
Eli Streicher
(213) 383 -2881
3343 Wilshire BI #A
Los Angeles CA 90010
All 9
You're in good hands,
YOUR BILL
will arrive approximately
2 weeks before the policy
period begins.
POLICY PERIOD
June 27, 1998 to Dec. 27, 1998 at 12:01 a.m. standard time
DRIVER(S) EXCLUDED
None
VEHICLES COVERED VEHICLE ID NUMBER LIENHOLDER
1. 90 FordAerostar 1FMDA3IUXLZA33889 None
2. 87 Mazda RX7 JMIFC3318HO509210 None
Total Premium (Your bill will be mailed separately.)
Premium for 90 ford Aerostar $861.00
Premium for 87 Mazda RX7 $523.00
TOTAL $1,390.00
✓ Your total pramlum reflects a combined discount of $494.00
✓ Your total premium rellecIs a combined sorcharpe of $418.00
Your Policy Effective Date Is June 27, 1998
P.03
JUN -29 -98 MON 02:55 PM MONTEREY PARK FIRE DEPT. 818 3071381
Allstate Indemnity Company
Policy Number : 8 99 85258112/27 Your Agent: Ell $!relcher (213) 383 -2881
Policy Eltective Dale: June 27, 1998
COVERAGE FOR VEHICLE # 1 !
1990 cord Aerostar
COVERAOE LIMNS CEOUCTIBEE PRE41IUM
Automobile Liabiilty Insurance
• Bodily Injury
$100,000 each person
$300,000 each occurrence
Not Applicab!e $783 00
• Property Damage $50,000 each occurrence
Uninsured Motorlsts Insurance $30,000 each person Not Applicable $84 00
for Bodily Injury $60,000 each accident
Total Premium for 90 Ford Aerostar $867.00
DISCOUNTS Your premium for this vehicle reflects the following discounts:
Multiple Car Renewal
Multiple Policy
SURCHARGES Your premium for this vehlcle reflects the following surcharges:
Nonverifiable Driving Record Incident
P.04
��c'�2
JUN -29 -98 MON 02:55 PM MONTEREY PARK FIRE DEPT. 818 3071381
Allstate Indemnity Company
Policy Number : 6 99 852586 1287
Policy Elleclive Date: June 27, 1998
Year Agent: Eli Slreicher (213) 383.2881
Alice.
You're In good hands.
COVERAGE FOR VEHICLE # 2
1987 Mazda RX7
COVERAGE UMiTS DEDUCTIBLE PRir4 UM..
Automobile I,iabihty Insurance
Not Applicable $250.00
• Bodily Injury
$100,000
each person
$300,000
each occurrence
• Property Damage
$50,000
each occurrence
Uninsured Motorists Insurance
$30,000
each person Not Applicable $34 00
for Bodily Injury
$60,000
each accident
Auto Collision Insurance Actual Cash Value $500 $129 00
Waiver of deductible applies
Auto Comprehensive Insurance Actual Cash Value $250 $110.00
Total Premium for 87 Mazda RX7 $523.00
DISCOUNTS Your prernlum for th;s vehicle reflects the following d'scounts:
Multiple Car Renewal
Multiple Policy
d�iiA •n rnnnn u.o�c + +n +...... -• -.•
P.05
Account Number: Date: Initials:
CA RILE OF INSURANCE LPR
PROFESSIONAL NURSES ORGANIZATION
c /o: American Professional Agency, Inc.
95 Broadway, Amityville, NY 11701
Reliance National Insurance Company
This is to certify that the insurance policies specified below have been issued by the company indicated
above to the Insured named herein and that, subject to their provisions and conditions, such policies afford the
coverages indicated insofar as such coverages apply to the occupation or business of the Named Insured(s) as
stated.
THIS CERTIFICATE OF INSURANCE NEITHER AFFIRMATIVELY NOR NEGATIVELY AMENDS, EXTENDS OR
ALTERS THE COVERAGE(S) AFFORDED BY THE POLICY(IES) LISTED ON THIS CERTIFICATE.
Name and Address of Insured:
Evelyn A. Riley
2937 E1 Caminito Street
La Crescenta, CA 91214
Occupation or Business:
NURSE
Location of Operations:
(if different than address listed above)
Type of Work Covered:
NURSING
Additional Named Insureds:
NOTICE OF CANCELLATION WILL ONLY BE GIVEN TO THE FIRST NAMED INSURED ON THIS POLICY AND
HE OR SHE SHALL ACT ON BEHALF OF ALL INSUREDS WITH RESPECT TO GIVING OR RECEIVING NOTICE
OF CANCELLATION.
Claim History:
Comments:
This Certificate Issued to:
Name: Evelyn A. Riley
Address: 2937 El Caminito Street
La Crescenta, CA 91214 -0000
Authorized Represe
GEN 152
i;01 n^
ve
Policy
Effective
Expiration
Limits of
Coverages
Number
Date
Date
Liability
PROFESSIONAL/
1,000,000
LIABILITY I
NPD- 1039307
6/15/1998
1 6/15/1999
3,000,000
NOTICE OF CANCELLATION WILL ONLY BE GIVEN TO THE FIRST NAMED INSURED ON THIS POLICY AND
HE OR SHE SHALL ACT ON BEHALF OF ALL INSUREDS WITH RESPECT TO GIVING OR RECEIVING NOTICE
OF CANCELLATION.
Claim History:
Comments:
This Certificate Issued to:
Name: Evelyn A. Riley
Address: 2937 El Caminito Street
La Crescenta, CA 91214 -0000
Authorized Represe
GEN 152
i;01 n^
ve
EL SEGUNDO CITY COUNCIL
AGENDA ITEM STATEMENT
MEETING DATE: July 7, 1998
AGENDA HEADING: Consent
AGENDA DESCRIPTION:
Request for Proposals from architects for the design of Fire Station No. 2 Facility at 2161 East El Segundo
Boulevard. Fiscal Impact: $190,000.
RECOMMENDED COUNCIL ACTION:
Authorize staff to solicit proposals from qualified architects to provide architectural and design services for
construction of Fire Station No. 2.
INTRODUCTION AND BACKGROUND:
Existing Fire Station No. 2, built in 1972, needs to be expanded and is in need of extensive repairs. The current
facility is believed not to be seismically reinforced and incapable of housing female firefighters. The new facility will
provide an environment which will address all health and safety concerns and needs for the firefighters housed
there, as addressed in OSHA and NFPA standards. The new facility will also provide space for storing reserve
apparatus and a much needed training classroom.
DISCUSSION:
Staff is recommending demolition of the existing Fire Station No. 2 facility at 2161 East El Segundo Boulevard and
construction of a new facility on the same site. The facility's operations are proposed to be conducted from
temporary quarters at an unidentified site until the new facility is operational. The architect's scope of services
would include recommendations and design for both the new facility and the temporary quarters.
It is anticipated that the new facility would accommodate a staff of fifteen (15) and 5 -6 pieces of apparatus, and will
be approximately 12,000 square feet in area. The cost of design services, excluding services during construction, is
estimated to be approximately $190,000.
Staff is requesting Council authorization to solicit proposals from qualified architects. After review of received
proposals, staff will make a recommendation to the City Council for award of the design contract.
ATTACHED SUPPORTING DOCUMENTS:
Request for Proposals Form
Agreement for Professional Services
FISCAL IMPACT:
(Check one) Operating Budget: Capital Improv. Budget: X
Amount Requested: $190.000
Project/Account Budget:
Project/Account Balance: Date:
Account Number: 702 - 400 -8122- 8907
Project Phase: Request for Proposals
Appropriation Required - Yes_ No X
ORIGINATED: C Date:
John W. Gilbert, g Fire Chief
REVIEWED BY: Date:
lam W. Morrison, Citv Manager
AKEN:
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CITY OF EL SEGUNDO
350 MAIN STREET
EL SEGUNDO, CALIFORNIA 90245
REQUEST FOR PROPOSALS
TO PROVIDE
ARCHITECTURAL SERVICES
FOR THE
CITY OF EL SEGUNDO
FIRE STATION NO.2
Sealed proposals will be received at the El Segundo City Clerk's office, 350 Main Street, El Segundo,
California 90245 until 10:00 a.m. local time on Wednesday, August 12, 1998.
00196
ARCHITECTURAL SERVICES
FOR THE
CITY OF EL SEGUNDO
FIRE STATION NO.2
To:
Prospective Architects
Issue Date:
July 8, 1998
July 23, 1998
10:00 a.m.
RFP Meeting:
2161 East El Segundo Boulevard
El Segundo, CA 90245
August 12, 1998 / 10:00 a.m.
Architect Proposal Due:
El Segundo City Clerk's office
350 Main Street
El Segundo, CA 90245
001,
El Segundo Fire Department
Request for Proposal
TYPE OF SERVICE: Architectural Service
SUBJECT: Fire Station No. 2
DATE: July 8, 1998
CONTACT: John Gilbert (310) 607 -2219
The City of El Segundo, a public agency, is seeking proposals from qualified architectural firms for the
design, plans and specifications for a new fire station. The architect selected shall work closely with the
Fire Department Project Committee from conceptual design through post- occupancy.
The new fire station will be located at 2161 E. El Segundo Boulevard in the City of El Segundo. The
facility shall generally provide for 5 -6 pieces of apparatus and accommodate a staff of fifteen (15).
This Request for Proposal does not commit the City of El Segundo to award a contract, to pay costs
incurred in the preparation of such proposals or to procure or contract for services or supplies. The City
of El Segundo reserves the right to accept or reject any and all statements and proposals received in
response to this request, to negotiate with any qualified source or to cancel, in whole or in part, this
Request for Proposal if it is in the best interest of the City of El Segundo. The City of El Segundo also
reserves the right to request additional information from the Proposers.
The City of El Segundo is not responsible for oral statements made by any of their employees or agents
concerning this Request for Proposal. If the Proposer requires specific information, Proposer must
request that it be supplied in writing by the City of El Segundo.
Any questions regarding the requirements outlined in this Request for Proposal may be directed to John
Gilbert at (310) 607 -2219.
Proposals will not be accepted after the date and time stated below. Faxed copies will not be accepted.
Proposals may be withdrawn without prejudice providing the written request is received by the City of El
Segundo no later than the time set for opening proposals. Withdrawals will be returned to Proposers
unopened. Each proposal must be delivered on or before 10:00 a.m. on Wednesday, August 12, 1998, to
the following:
City of El Segundo
City Clerk's Office
350 Main Street
El Segundo, CA 90245
Attention: John W. Gilbert, Acting Fire Chief
00198
Project Description
The purpose of the project is to design and construct a new Fire Station No. 2 for the City's fire
department. The proposed area is approximately 160 feet wide and 205 feet deep. This site is relatively
flat with a minor slope from the back to the front and east of the location. Based on City needs, the
architect will be required to evaluate the cost options of building a facility for housing ten to fifteen
firefighters and five to six pieces of apparatus.
The fire station will be operational 24 hours a day, 7 days a week, 365 days a year. It is anticipated that
between 10 and 15 people will be employed at this fire station. The security of the facility must make the
employees feel safe and protected, while appearing pleasant to the neighboring eye. The building must
also be soundproof and utilize the view and surrounding landscape to its fullest.
The Design work consists of all architectural and engineering services necessary to develop an approved
design, procure all the required permits and administer the construction. In addition, the work shall be
performed in compliance with City standards and/or in compliance to any governing authority having
jurisdiction.
The proposed facility is anticipated to include, but not necessarily limited to, the following features:
Between 10,000 and 12,000 square feet.
Air conditioning, heating, telephones, television and central sound (P.A. alarm).
Security system.
Easy pedestrian access from the parking lot.
ADA accessibility requirements.
Equipment room, Kitchen, Living quarters, Individual dorms.
Maintenance room, Utility room, Workshop, Storage, Exercise facility.
Four Offices.
Maximum on -site parking.
Restrooms, locker rooms, showers.
Rain gutters.
Landscaping and underground drainage system, as required.
Furnishings
The general building requirements need to provide:
1. Living space providing for fifteen (15) personnel per shift with mixed gender occupancy. The
design should also accommodate future growth.
2. Drive - through apparatus bays for 5 -6 pieces of apparatus.
3. Meeting room with dual use for community group meetings.
4. Fully fire - sprinklered building.
A site map is provided as Attachment A.
1010199
The following is a tentative project schedule:
Date
Action
09/15/98
Architectural Firm Selected
09/22/98
Architect Input on Site Grading
10/20/98
Pre - Design (Conceptual) Alternative Completed
11/20/98
Fire Station Site Graded by Developer
12/18/98
Schematic Design and Budget Completed
01/22/99
Design Development Completed
03/17/99
Construction Documents and Permits Completed
04/16/99
Plan Check Completed
05/05/99
Fire Station Bid Process Begins
06/17/99
Fire Station Construction Contract Awarded
07/15/99
Fire Station Construction Begins
06/15/00
Fire Station Completion /Occupancy
IiCLUC
The architect's basic services shall include, but not be limited to, the seven (7) phases outlined below.
Services shall also include structural engineering, mechanical engineering, civil engineering, plumbing
engineering, electrical engineering, and landscape architectural services.
PHASE I - Pre - Design (Conceptual) Alternatives
Prepare conceptual design within thirty (30) calendar days of issuance of notice to proceed.
A. Inspect the site, review and complete the Fire Department prepared needs assessment and conduct
any other informational research and meetings. It is expected that the firm selected will work
closely with the City of El Segundo staff in plan development.
B. Consider various building types to determine the most cost effective and efficient design.
C. Meet with the Project Committee throughout the pre- design phase to collect data on agency
approval processes, utility company requirements and location of existing utilities. Contact with
planning, building and other departments will also be required.
D. Meet with the Project Committee to review comments and receive approval of the following pre -
design phase products:
1. Final Space Needs
2. Selection of Desired Design /Construction Type Alternative
E. Present conceptual design alternatives to the Project Committee, executive staff and other
interested parties.
F. The existing Fire Station No. 2 will not be operational at its current location during construction.
The current Staff and apparatus would be relocated to a temporary facility at a site currently
unidentified. Architect shall review and make recommendations regarding alternate site locations
for installation of a temporary facility for the Fire Station No. 2. The project design should
include schematic design drawings and a cost estimate for this temporary facility.
PHASE II - Schematic Design and Budget
Prepare preliminary design and cost estimates within ninety (90) calendar days of issuance of notice to
proceed.
A. Prepare a preliminary design of the fire station with a detailed drawing and a written description.
Drawings to include a site plan exhibit, floor plan exhibit and exterior elevations. The design shall
conform with all federal, state and local laws and regulations and OSHA requirements.
B. A conceptual landscape design will be generated for review and comment. The design will reflect
use of drought tolerant plantings and automatic irrigation.
00�'.!�.
C. This fire station is considered an essential facility which requires generation of a complete
geotechnical investigation and report. Coordinate with hired Soils Engineer, including locations
of borings to be taken on site. Report will include recommendations on foundation design,
pavement sections, site and project descriptions, soil and geologic conditions, geologic hazards
and conclusions and recommendations. The report should be completed prior to the design
development phase.
D. Provide a full color rendering of fire station.
E. Develop a project budget.
F. Architects will meet with the Project Committee to review comments and receive approval of the
following Schematic Design products:
1. Schematic Design Drawings (Site Plan, Floor Plan, exterior Elevations)
2. Conceptual Landscape Design
3. Cost Estimate
4. Rendering
G. Certain off -site improvements, such as traffic signalization and curbs and gutters are also
anticipated. The architect's basic services will include the completion of all off -site improvements
and necessary site surveying, soil testing, grading, etc.
H. Present the preliminary design and cost estimates to the Project Committee, executive staff, other
interested parties and the City of El Segundo Planning Commission.
All design work shall be completed within 130 days of issuance of the notice to proceed.
Complete final design and prepare contract plans, technical specifications, project schedule and bidding
documents. Develop pre -bid construction cost estimate. Coordinate interior design, color scheme,
materials, and furnishings.
Architect will generate complete design development drawings. These exhibits will fix and describe the
size and character of the entire project in detail to include architectural, structural, mechanical, plumbing
and electrical systems and selection of materials appropriate to the project.
This stage of the work shall include the following exhibits:
1. Site Plan
2. Building Plans
3. Exterior Elevations
4. Conceptual Structural Framing Plans
5. Concept HVAC Layout
6. An Outline Specification Checklist
0 0 ' ,! 2
Prepare the construction drawings from which the project can be bid and constructed within 175 days
of issuance of the notice to proceed.
The construction drawings will be categorized as follows:
1. Civil Engineering Drawings
2. Architectural Drawings
3. Structural Drawings
4. Mechanical (HVAC) Drawings
5. Plumbing Drawings
6. Electrical Drawings
7. Landscape and Irrigation Drawings
Prepare all documents necessary to comply with the California Environmental Quality Act ( "CEQA ") for
construction of the fire station.
Assist the City of El Segundo in obtaining any required permits and approvals necessary. Architect will
prepare /complete required forms and submit to the appropriate governing agencies for structural (plan
check) review and approval. Architects will amend the construction documents as required by governing
agency plan check and resubmit for final permit approval.
The construction documents will be submitted to the City of El Segundo Building and Planning
Department to determine compliance with all applicable codes and ordinances, and to receive the
Building and Planning Department's approval.
Construction plans, including fire sprinkler plans, shall also be submitted to the El Segundo Fire
Department Fire Prevention Division for approval.
Cost estimate to be generated (from the construction documents) by a cost estimating firm and presented
at the end of Phase IV (Construction Documents and Permits).
Provide bidding phase services, including responding to technical questions during bid process,
maintaining a bidder's inquiry log, preparing any drawing clarification or addenda (at no cost to the City
of El Segundo if due to an error), attending pre -bid conference and bid evaluation. If all of the bids
exceed the cost estimate by ten percent, architect shall revise the plans to keep the project within the cost
estimate, at no expense to the City of El Segundo.
A. Provide services as requested during construction, as well as attendance of weekly construction
coordination meetings. Provide minutes of all construction meetings.
i�fl1±
Architects shall visit the site at intervals of approximately once each week to become generally
familiar with the progress and quality of the work completed and to determine in general if the
work is being performed in a manner indicating that the work when completed will be in
accordance with the contract documents. The Architect's Project Engineers will periodically visit
the site to determine if the work is in compliance with the contract documents.
B. Interpretation of construction drawings and specifications.
C. Provide as -built drawings.
D. Based on the Architect's observations and evaluations of the Contractor's Applications for
Payment, the Architect shall review the amounts due the Contractor and recommend payment
based upon this review.
E. Architects shall prepare change orders and construction change directives with supporting
documentation and data, if necessary for issuance.
F. Architects will review all shop drawings and submittals and rectify all submittals for compliance
with the contract documents and specifications.
G. Architects will provide clarification of contract documents as necessary during the progress of
construction.
PHASE VII - Post - Occupancy
Architect shall conduct a post- occupancy punch list walk- through and evaluation.
Architects and their Project Engineers shall conduct a punch list walk- through to determine the date of
substantial completion. Architects and their Project Engineers shall conduct a final walk - through to
determine the date of final completion; shall request and forward to the City of El Segundo for review
and records, written warranties and related documents required by the contract documents and assembled
by the Contractor; and shall issue a final certificate for payment upon compliance with requirements of
the contract documents.
The City of El Segundo will conduct a pre - proposal conference and site visit on July 23, 1998, at
10:00 a.m., at the City of El Segundo Fire Department Station No. 2, 2161 E El Segundo Boulevard, El
Segundo (Thomas Guide Map Page 732). All interested Proposers are encouraged to attend.
Each architectural firm interested in providing the requested architectural services must submit the
following information:
A general profile of the firm as follows:
a. Firm name, business address and telephone number.
b. Type of organization (individual, partnership, corporation, joint venture, other).
C. The names of the principals of the firm with their professional qualifications.
d. Size of firm.
e. Year firm established.
f. Insurance (General Liability, Automobile Liability, Workers' Compensation, Professional
Liability).
2. Provide resumes of key personnel to be assigned to this project as follows:
a. Identification of key firm personnel, and their tasks for this project, with their
qualifications and experience.
b. Provide city of residence of all key personnel.
3. Describe the firm's specific project experience as follows:
a. Specific fire station experience including sizes, construction cost, location and date
completed.
b. Provide illustrative exhibits (photos, color exhibits, etc., in 8 -1/2" x 1 1" format).
4. A list of all proposed sub - consultants (structural, mechanical, electrical, civil, landscape, cost
estimator, etc.) as follows:
a. Business name, business type and location.
b. Qualifications and fire service project experience.
A proposed time schedule for the project.
2. Provide your firm's current projects (workload) and time availability for the construction of this
fire station.
3. Provide a description of how you would approach this project and the central issues in the
project.
00'�.►c
4. Describe your firm's philosophy toward the role of the architect versus the role of the agency
during the project.
5. Provide an overview of the scope of work you intend to perform.
6. How can energy conservation and low -cost maintenance be economically incorporated into this
project?
7. What general steps can be taken to reduce overall costs on a project such as this?
Describe your company policy on who is responsible to pay for change orders due to omissions
on the plans or specification.
9. Any other information that you feel is important to this project and will assist the committee in
selecting an architect.
10. A copy of the contract that the City intends to use, should it select an architect as a result of this
RFP process, is attached as Exhibit B. If there are any provisions in the contract which your
company will not accept, please note such in your proposal and provide proposed alterative
provisions.
Please list the following information for five (5) references regarding fire stations designed by
your firm:
a. Client name.
b. Project description, including size.
C. Architect's estimated cost and actual final cost.
d. Project start to finish time.
e. Name, address and telephone number of reference.
Unless specifically prohibited in the proposal, the City of El Segundo will contact past clients for
references.
All Request for Proposal submittals received by the closing date will be reviewed by staff. The most
qualified firms will proceed to an interview /presentation phase. An Architect Selection Committee
comprised of City of El Segundo Fire Department and City of El Segundo staff will evaluate these
presentations and select a Firm to begin negotiation for contract service.
The Firm's key person(s) which will be assigned to the project is to make the Firm's presentation before
the selection committee. One hour will be available for the interview /presentation.
G. 01;_1G
The City of El Segundo Architect Selection Committee will rate the architectural firms based upon the
following criteria:
1. The demonstrated experience level and expertise of the Firm to plan and coordinate construction
of a fire station.
2. Qualifications and experience of the project team key personnel.
3. Recommendations from clients and other knowledgeable persons.
Past record of performance in similar projects related to control of costs, quality of work, meeting
schedules, the number and type of construction change orders related to design omission, working
closely with fire agency staff and delivery time of completed projects.
4. A demonstrated understanding of the purpose, nature and requirements of the proposed project.
5. The degree to which the Firm's proposal responds to the Request for Proposal Response
Requirements. The technical and editorial proficiency of the Firm's proposal documents.
6. Availability of the firm and all appropriate support staff to complete the Scope of Services, as
outlined, in a timely manner.
Compensation and other specific terms will be negotiated with the Firm deemed most qualified as a result
of the selection process. If the City of El Segundo is unable to reach agreement with this Firm, it will
then negotiate with the Firm receiving the next highest evaluation rating, and so on. No contract shall be
in force until the City Council approves the agreement for professional services.
Date:
Action
07/10/98
Architectural Services Request for Proposals Mailed
07/23/98
Pre - Proposal Conference with City of El Segundo and All Proposers
08/12/98
Architectural Firm Proposals Due
08/17/98
Notification of Architectural Firms to be Interviewed
08/21/98
Architectural Firm Interviews /Presentations
08/28/98
Negotiations with Most Qualified Firm
09/15/98
Architectural Firm Selected
THIS AGREEMENT, made and entered into this day of 11997,
between the CITY OF EL SEGUNDO, a municipal corporation, hereinafter referred to as
"City" and the hereinafter referred to as "Consultant ". In consideration of the
mutual covenants and conditions set forth herein, the parties agree as follows:
1. SCOPE OF SERVICES. Consultant agrees to perform the services set forth
in Exhibit A "SCOPE OF SERVICES" and made a part hereof. Consultant represents and
warrants that it has the qualifications, experience and facilities to properly perform said
services in a thorough, competent and professional manner and shall, at all times during
the term of this Agreement, have in full force and effect, all licenses required of it by law.
Consultants shall begin its services under this Agreement on , 199. Consultant
shall complete each of the services set forth in Exhibit A to the City's satisfaction. If the
City is not satisfied with any such services, the Consultant shall work on such matter until
the City approves of the service. Further, Consultant shall complete the services set forth
in Exhibit A strictly according to the schedule provided therein.
2. STATUS OF CONSULTANT. Consultant is and shall at all times remain as
to the City a wholly independent contractor. The personnel performing the services under
this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive
N:%GREEMNT.MST -1'
0
direction and control. Neither City nor any of its officers, employees or agents shall have
control over the conduct of Consultant or any of Consultant's officers, employees or
agents, except as set forth in this Agreement. Consultant shall not at any time or in any
manner represent that it or any of its officers, employees or agents are in any manner
officers, employees or agents of the City. Consultant shall not incur or have the power to
incur any debt, obligation or liability whatever against City, or bind City in any manner.
Consultant shall not disseminate any information or reports gathered or created pursuant
to this Agreement without the prior written approval of City except information or reports
required by government agencies to enable Consultant to perform its duties under this
Agreement.
RINNIff • :. ..• • •
keep itself informed of applicable local, state and federal laws and regulations which may
affect those employed by it or in any way affect the performance of its services pursuant
to this Agreement. Consultant shall observe and comply with all such laws and regulations
affecting its employees. City and its officers and employees, shall not be liable at law or
in equity as a result of any failure of Consultant to comply with this section.
4. PERSONNEL. Consultant shall make every reasonable effort to maintain the
stability and continuity of Consultant's staff assigned to perform the services hereunder
and shall obtain the approval of the City Manager of all proposed staff members
performing services under this Agreement prior to any such performance.
N:%GREEMNT.MST
i;02
R0111rere-ETITIJAM i •► �►� a ■•� • ►t. ► . .- _
Consultant shall be as set forth in Exhibits B and C hereto and made a part hereof.
Payments shall be made within thirty (30) days after receipt of each invoice as to all
nondisputed fees. If the City disputes any of consultant's fees it shall give written notice
to Consultant in 30 days of receipt of a invoice of any disputed fees set forth on the
invoice.
compensated for any services rendered in connection with its performance of this
Agreement which are in addition to those set forth herein or listed in Attachment A, unless
such additional services are authorized in advance and in writing by the City Manager.
Consultant shall be compensated for any additional services in the amounts and in the
manner as agreed to by City Manager and Consultant at the time City's written
authorization is given to Consultant for the performance of said services.
7. ASSIGNMENT. All services required hereunder shall be performed by
Consultant, its employees or personnel under direct contract with Consultant. Consultant
shall not assign to any subcontractor the performance of this Agreement, nor any part
thereof, nor any monies due hereunder, without the prior written consent of City Manager.
S. FACILITIES AND RECORDS. City agrees to provide: suitably equipped and
N:WGREEMNT.MST
l;0? +�'
furnished office space, public .counter, telephone, and use of copying equipment and
necessary office supplies for Consultant's on -site staff, if any.
Consultant shall maintain complete and accurate records with respect to sales,
costs, expenses, receipts and other such information required by City that relate to the
performance of services under this Agreement. Consultant shall maintain adequate
records of services provided in sufficient detail to permit an evaluation of services. All
such records shall be maintained in accordance with generally, accepted accounting
principles and shall be clearly identified and readily accessible. Consultant shall provide
free access to the representatives of City or its designees at reasonable times to such
books and records, shall give City the right to examine and audit said books and records,
shall permit City to make transcripts therefrom as necessary, and shall allow inspection
of all work, data, documents, proceedings and activities related to this Agreement. Such
records, together with supporting documents, shall be, maintained for a period of three (3)
years after receipt of final payment.
9. TERMINATION OF AGREEMENT. This Agreement may be terminated with
or without cause by eit w 964 upon 30 days written notice. In the event of such
termination, Consultant shall be compensated for non-disputed fees under the terms of this
Agreement up to the date of termination.
10. COOPERATION BY CITY. AI! public information, data, reports, records, and
N:WGREEMNT.MST -4-
li0?.I P.
maps as are existing and available to City as public records, and which are necessary for
carrying out the work as outlined in the Scope of Services, shall be furnished to Consultant
in every reasonable way to facilitate, without undue delay, the work to be performed under
this Agreement.
11. OWNERSHIP OF DOCUMENTS. Upon satisfactory completion of, or in the
event of termination, suspension or abandonment of, this Agreement, all original maps,
models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer
files, files and other documents prepared in the course of providing the services to be
performed pursuant to this Agreement shall, become the sole property of City. With
respect to computer files, Consultant shall make available to the City, upon reasonable
written request by the City, the necessary computer software and hardware for purposes
of accessing, compiling, transferring and printing computer files.
DMEFOAXAOM IN 11ORNTIFill 1 [01 H16141 ►
(a) All information gained by Consultant in performance of this Agreement shall
be considered confidential and shall not be released by Consultant without City's prior
written authorization excepting that information which is a public record and subject to
disclosure pursuant to the California Public Records Act, Government Code § 6250, 21
M Consultant, its officers, employees, agents or subcontractors, shall not without written
authorization from the City Manager or unless requested by the City Attorney, voluntarily
provide declarations, letters of support, testimony at depositions, response to
NAAGREEMNT.MS -_- - - - -5
11102.1
interrogatories or other information concerning the work performed under this Agreement
or relating to any project or property located within the City. Response to a subpoena or
court order shall not be considered "voluntary" provided Consultant gives City notice of
such court order or subpoena.
If Consultant or any of its officers, employees, consultants or subcontractors does
voluntarily provide information in violation of this Agreement, City has the right to reim-
bursement and indemnity from Consultant for any damages caused by Consultant's
conduct, including the City's attorney's fees.
Consultant shall promptly notify City should Consultant, its officers, employees,
agents or subcontractors be served with any summons, complaint, subpoena, notice of
deposition, request for documents, interrogatories, request for admissions or other
discovery request, court order or subpoena from any party regarding this Agreement and
the work performed thereunder or with respect to any project or property located within the
City. City retains the right, but has no obligation, to represent Consultant and/or be
present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate
fully with City and to provide City with the opportunity to review any response to discovery
requests provided by Consultant. However, City's right to review any such response does
not imply or mean the right by City to control, direct, or rewrite said response.
(b) Consultant covenants that neither they nor any officer or principal of their firm
N:%GREEMNT.MST -6-
�i0 ?,1 ''
have any interest in, or shall they acquire any interest, directly or indirectly which will
conflict in any manner or degree with the performance of their services hereunder.
Consultant further covenants that in the performance of this Agreement, no person having
such interest shall be employed by them as an officer, employee, agent, or subcontractor
without the express written consent of the City Manager.
13. DEFAULT. In the event that Consultant is in default of any provision of this
Agreement, City shall have no obligation or duty to continue compensating Consultant for
any work performed after the date of default and can terminate this Agreement immediately
by written notice to the Consultant.
• ► � �►�iP►ii3C � • ►
(a) Consultant represents it is skilled in the professional calling necessary to
perform the services and duties agreed to hereunder by Consultant, and City relies upon
the skills and knowledge of Consultant. Consultant shall perform such services and duties
consistent with the standards generally recognized as being employed by professionals
performing similar service in the State of California.
(b) Consultant is an independent contractor and shall have no authority to bind
City nor to create or incur any obligation on behalf of or liability against City, whether by
contract or otherwise, unless such authority is expressly conferred under this agreement
or is otherwise expressly conferred in writing by City. City, its elected and appointed
N:%GREEMNT.MST -7-
officials, officers, agents, employees and volunteers (individually and collectively,
"Indemnitees ") shall have no liability to Consultant or to any other person for, and
Consultant shall indemnify, defend, protect and hold harmless the Indemnitees from and
against, any and all liabilities, claims, actions, causes of action, proceedings, suits,
damages, judgments, liens, levies, costs and expenses of whatever nature, including
reasonable attorneys' fees and disbursements (collectively "Claims "), which the
Indemnitees may suffer or incur or to which the Indemnitees may become subject by
reason of or arising out of any injury to or death of any person(s), damage to property, loss
of use of property, economic loss or otherwise occurring as a result of or allegedly caused
by the performance or failure to perform by Consultant of Consultant's services under this
agreement or the negligent or willful acts or omissions of Consultant, its agents, officers,
directors or employees, in performing any of the services under this agreement.
If any action or proceeding is brought against the Indemnitees by reason of any of
the matters against which Consultant has agreed to indemnify the Indemnitees as above
provided, Consultant, upon notice from the CITY, shall defend the Indemnitees at
Consultant's expense by counsel acceptable to the City. The Indemnitees need not have
first paid any of the matters as to which the Indemnitees are entitled to indemnity in order
to be so indemnified. The insurance required to be maintained by Consultant under
paragraph 15 shall ensure Consultant's obligations under this paragraph 14(b), but the
limits of such insurance shall not limit the liability of Consultant hereunder. The provisions
of this paragraph 14(b) shall survive the expiration or earlier termination of this agreement.
NAAGREEMNT.MST - 8 -
The Consultant's indemnification does not extend to Claims occurring as a result
of the City's negligent or willful acts or omissions.
15. INSURANCE.
A. Insurance Requirements. Consultant shall provide and maintain
insurance acceptable to the City Attorney in full force and effect throughout the term of this
Agreement, against claims for injuries to persons or damages to property which may arise
from or in connection with the performance of the work hereunder by Consultant, its
agents, representatives or employees. Insurance is to be placed with insurers with a
current A.M. Best's rating of no less than A:VII. Consultant shall provide the following
.scope and limits of insurance:
broad as:
(1) Minimum Scope of Insurance. Coverage shall be at least as
(a) Insurance Services Office form Commercial General
Liability coverage (Occurrence Form CG 0001).
(b) Insurance Services Office form number CA 0001 (Ed.
1/87) covering Automobile Liability, including code 1 "any auto" and endorsement CA
0025, or equivalent forms subject to the written approval of the City.
N:%GREEMNT.MST -9-
002 .1.
(c) Workers' Compensation insurance as required by the
Labor Code of State of California and Employers Liability insurance and covering all
persons providing services on behalf of the Consultant and all risks to such persons under
this Agreement.
(d) Errors and omissions liability insurance appropriate to
the Consultant's profession.
(2) Minimum Limits of Insurance. Consultant shall maintain limits
of insurance no less than:
(a) General Liability: $1,000,000 per occurrence for bodily
injury, personal injury and property damage. If Commercial General Liability Insurance or
other form with a general aggregate limit is used, either the general aggregate limit shall
apply separately to the activities related to this Agreement or the general aggregate limit
shall be twice the required occurrence limit.
(b) Automobile Liability: $1,000,000 per accident for bodily
injury and property damage.
(c) Workers' Compensation and Employer's Liability:
Workers' Compensation as required by the Labor Code of the State of Califomia and
Employers Liability limits of $1,000,000 per accident.
N:%GREEMNT.MST -10 -
(d) Errors and Omissions Liability: $1,000,000 per
occurrence.
B Other Provisions. Insurance policies required by this Agreement shall
contain the following provisions:
(1) All Policies. Each insurance policy required by this paragraph
15 shall be endorsed and state the coverage shall not be suspended, voided, cancelled
by the insurer or either party to this Agreement, reduced in coverage or in limits except
after 30 days' prior written notice by Certified mail, return receipt requested, has been
given to the City.
(a) City, its officers, officials, and employees and volunteers
are to be covered as additional insureds as respects: liability arising out of activities
Consultant performs, products and completed operations of Consultant; premises owned,
occupied or used by Consultant, or automobiles owned, leased or hired or borrowed by
Consultant. The coverage shall contain no special limitations on the scope of protection
afforded to City, its officers, officials, or employees.
(b) Consultant's insurance coverage shall be primary
insurance as respect to City, its officers, officials, employees and volunteers. Any
_ -- -- .._._...N�IAGREEMNT.MST -11-
ii 0? 1
insurance or self insurance maintained by City, its officers, officials, employees or
volunteers shall apply in excess of, and not contribute with, Consultant's insurance.
(c) Consultant's insurance shall apply separately to each
insured against whom claim is made or suit is brought, except with respect to the limits of
the insurer's liability.
(d) Any failure to comply with the reporting or other
provisions of the policies including breaches of warranties shall not affect coverage
provided to the City, its officers, officials, employees or volunteers.
Unless the City Manager otherwise agrees in writing, the insurer shall agree to waive all
rights of subrogation against City, its officers, officials, employees and agents for losses
arising from work performed by Consultant for City.
C. Other Requirements. Consultant agrees to deposit with City, at or
before the effective date of this contract, certificates of insurance necessary to satisfy City
that the insurance provisions of this contract have been complied with. The City Attorney
may require that Consultant furnish City with copies of original endorsements effecting
coverage required by this Section. The certificates and endorsements are to be signed
by a person authorized by that insurer to bind coverage on its behalf. City reserves the
NAAOREEMNTAST -12 -
right to inspect complete, certified copies of all required insurance policies, at any time.
(1) Consultant shall furnish certificates and endorsements from
each subcontractor identical to those Consultant provides.
(2) Any deductibles or self- insured retentions must be declared to
and .approved by City. At the option of the City, either the insurer shall reduce or eliminate
such deductibles or self- insured retentions as respects the City, its officers, officials,
employees and volunteers; or the Consultant shall procure a bond guaranteeing payment
of losses and related investigations, claim administration, defense expenses and claims.
(3) The procuring of such required policy or policies of insurance
shall not be construed to limit Consultant's liability hereunder nor to fulfill the
indemnification provisions and requirements of this Agreement.
16. ENTIRE AGREEMENT. This Agreement is the complete, final, entire
and exclusive expression of the Agreement between the parties hereto and supersedes
any and all other agreements, either oral or in writing, between the parties with respect to
the subject matter herein. Each party to this Agreement acknowledges that no
representations by any party which are not embodied herein and that no other agreement,
statement, or promise not contained in this Agreement shall be valid and binding.
N:WGREEMNT.MST
,, 0
17. GOVERNING LAW. The City and Consultant understand and agree
that the laws of the State of California shall govern the rights, obligations, duties and
liabilities of the parties to this Agreement and also govern the interpretation of this
Agreement. Any litigation concerning this Agreement shall take place in the Los Angeles
County Superior Court.
18. ASSIGNMENT OR SUBSTITUTION. City has an interest in the
qualifications of and capability of the persons and entities who will fulfill the duties and
obligations imposed upon Consultant by this Agreement. In recognition of that interest,
neither any complete nor partial assignment of this Agreement may be made by Consultant
nor changed, substituted for, deleted, or added to without the prior written consent of City.
Any attempted assignment or substitution shall be ineffective, null, and void, and constitute
a material breach of this Agreement entitling City to any and all remedies at law or in
equity, including summary termination of this Agreement.
19. MODIFICATION OF AGREEMENT. The terms of this Agreement can
only be modified in writing approved by the City Council and the Consultant. The parties
agree that this requirement for written modifications cannot be waived and any attempted
waiver shall be void.
20. AUTHORITY TO EXECUTE. The person or persons executing this
Agreement on behalf of Consultant warrants and represents that he /she /they has/have the
WAGREEMWAST
-14-
authority to execute this Agreement on behalf of his/her/their corporation and warrants and
represents that he /she/they has/have the authority to bind Consultant to the performance
of its obligations hereunder.
21. NOTICES. Notices shall be given pursuant to this Agreement by
personal service on the party to be notified, or by written notice upon such party deposited
in the custody of the United States Postal Service addressed as follows:
Wki
Attention: Ed Schroder
Public Works Deparatment
City of El Segundo
350 Main Street
El Segundo, California 90245
Attention: John W. Gilbert
E1 Segundo Fire Department
314 Main Street
E1 Segundo, CA 90245
Telephone (310) 322 -4670, extension 230
Facsimile (310) 322 -4167
Consultant.
Attention:
(310) 607 -2219
(310) 414 -0929
The notices shall be deemed to have been given as of the date of personal
service, or three (3) days after the date of deposit of the same in the custody of the United
States Postal Service.
_ ..._N:UIGREEM
-15-
^222.
20. SEVERABILITY. The invalidity in whole or in part of any provision of
this Agreement shall not void or affect the validity of the other provisions of this
Agreement.
IN WITNESS WHERE OF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
By
Title
CITY OF EL SEGUNDO
By
Title
ATTEST:
Cindy Mortesen
City Clerk
APPROVED AS TO FORM:
Mark D. Hensley
City Attorney
(NEW MASTER CONSULTANT AGREEMENT BY CITY ATTORNEY 3/11/97)
NAAGREEMNT.MST -16-
�i O N
EL SEGUNDO CITY COUNCIL MEETING DATE: July 7, 1998
AGENDA ITEM STATEMENT AGENDA HEADING: Consent Calendar
AGENDA DESCRIPTION:
Agreement providing for three year Memorandum of Understanding between the City Council and the El Segundo
Supervisory & Professional Employees Association. Fiscal Impact: $65,352 first year total compensation cost. Funds
are available in the City's 1998/99 Fiscal Year Operating Budget for the first year 5% salary increase.
RECOMMENDED COUNCIL ACTION:
1. Approve the Agreement
2. Adopt Resolution
INTRODUCTION AND BACKGROUND:
The attached agreement providing for a three -year Memorandum of Understanding is a mutual agreement reached
between authorized representatives of the City Council and the El Segundo Supervisory & Professional Employees
Association.
DISCUSSION:
City and Association representatives met and conferred in good faith pursuant to California Government Code Sections
3500 et seq., and City Resolution number 3208.
The effective date of the 5% salary increase is July 4,1998.
ATTACHED SUPPORTING DOCUMENTS:
Resolution
Agreement prepared by Richard Kopenhefer, Esq., - Loeb & Loeb
FISCAL IMPACT:
(Check one) Operating Budget:_ Capital Improv. Budget:
Amount Requested: 565.352
Project/Account Budget:
Project/Account Balance: Date: 7/1/98
Account Number: Various
Project Phase:
Appropriation Required - Yes_ No
ORIGINATED: Date: June 19, 1998
Bob Hyland, Director of Human esources /Risk Management
REVIEWED BY: Date:
7111 l
James W. 1/Morrison, C
ACTIO TAKEN:
agenda.282
AGREEMENT BETWEEN THE CITY OF EL SEGUNDO
AND THE EL SEGUNDO SUPERVISORY AND PROFESSIONAL
EMPLOYEES ASSOCIATION
The term of this Memorandum of Understanding (MOU) shall commence on July 1, 1998
and end on September 30, 2001.
2. The City and the Association shall incorporate the terms of this MOU into the existing
comprehensive MOU such that it shall contain all currently effective agreements between
the City and the Association.
3. The City shall increase salaries by 5% effective July 4, 1998.
4. The City shall implement the results of a classification and compensation study for unit
members on or before July 1, 1999, in accordance with Attachment "A ".
5. The City shall increase salaries by 2% or by the Consumer Price Index Percent change for
the year ending May 2000, "Los Angeles - Riverside - Orange Area, All Urban Consumers ",
whichever increase is greater. The salary increase shall be effective July 2, 2000.
6. The City shall pay the employee 7% PERS contribution on the unit members' $500
additional pay amount, effective July 4, 1998.
7. The City shall increase the amount of yearly maximum tuition reimbursement from $1250
to $1750, effective July 1, 1998.
8. The City shall add holidays and pre- approved vacation leave to the definition of time worked
for purposes of calculating overtime, effective July 1, 1998.
9. The Association agrees to reduce the maximum allowable amount of accumulated sick
leave from 1056 hours to 600 hours, effective July 1, 1998, in accordance with Attachment
"B"
10. Commencing on July 1, 1998 the Association will pay for one -half of the costs incurred in
connection with Los Angeles County Civil Service Commission hearings, to a maximum of
$3000 per fiscal year.
11. The City's aggregate contribution toward dental, optical and life insurance coverage shall
be capped at $135 per employee per month, in accordance with Attachment "C ".
12. The City shall equalize sick leave payoffs upon retirement, in accordance with Attachment
"ID"
13. The City shall modify the Computer Loan Program, in accordance with Attachment "E ".
14. The City shall modify its policy relative to the direct deposit of paychecks, in accordance
with Attachment "F ".
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V 0 )
15. The City shall modify Personnel Rule 14.4 in order to provide a pre - disciplinary hearing
process for all suspensions without pay, in accordance with Attachment "G ".
16. The City shall allow unit members until September 11, 1998 to advise the Finance
Department, in writing, of their desire to participate in the "alternative" vacation accrual
schedule.
17. The City and the Association agree to change all MOU references to a "Cafeteria Plan" to
read "Additional Pay ".
18. During the third year of this MOU, the City and the Association shall meet with the intent
of discussing the 2% at 55 PERS Retirement Plan.
19. During the first year of this MOU, the City shall convene its Insurance Committee for
purposes of determining the feasibility of retiree participation in the City's Dental and Optical
insurance plans.
20. The City shall institute a Standby Duty Policy, in accordance with Attachment "H ".
FOR THE: FOR THE:
CALIFORNIA TEAMSTERS PUBLIC,
PROFESSIONAL & MEDICAL EMPLOYEES
UNION, LOCAL 911
Chester Mordasini,
Business Representative
Gary Ganibi,
President
c,
1366b, een
7
Date
h :lchron98Vmgs•98.s&plapreemm.98
CITY OF EL SEGUNDO
Manager
Bob Hyland,
Director of Human Resources/
Risk Management
Date
ll 4.. i.
SUPERVISORY AND PROFESSIONAL
EMPLOYEES ASSOCIATION
t � . i�IIiilLl
CLASSIFICATION AND COMPENSATION STUDY
The City and the Association agree that wage increases effective July 1, 1999 shall be determined
in accordance with a classification and compensation study ( "study ") to be conducted by a
recognized third part consultant, at City expense, chosen after consultation with the Association.
The parties agree that all wage increases prescribed by the study shall be implemented on or
before July 1, 1999 and made payable on the first pay period thereafter. The study shall determine
the appropriate compensation for all covered classifications with reference to the median rates then
currently paid at the following cities: Culver City, Gardena, Hawthorne, Hermosa Beach, Inglewood,
Manhattan Beach, Redondo Beach, Santa Monica and Torrance. All covered employees may
provide input to the consultant during the course of the study. The results of the study, shall be
provided to the Association representative when complete. Individual employees may, with
Association representation, appeal the results of the study to the consultant whose determination
of said appeal shall be final and binding on the parties. "Y" rated individuals, as determined by the
study, shall be eligible for "step" increases within classification as prescribed by the MOU, but shall
receive no across the board increase on July 1, 2000, or thereafter, unless and until their particular
"Y" rating is or has been exceeded by the increase or increases.
n:% cnron9ev,egs- 99.s&p%ds&oomp.lnp
♦, 0 ?-:1- 7
SUPERVISORY AND PROFESSIONAL
EMPLOYEES ASSOCIATION
MAXIMUM AMOUNT OF SICK LEAVE ACCUMULATION
Effective July 1, 1998, the maximum allowable amount of accumulated sick leave for unit members
will be reduced from 1056 hours to 600 hours.
600 hours becomes the cap for all current employees with accumulations less than 600 hours and
for all newly appointed employees.
Current employees with more than 600 hours of accumulated sick leave will be allowed to utilize
that amount as their personal sick leave cap throughout the remained of their service with the City
of El Segundo
All other provisions in the current MOU, as regards the accrual, use and distribution of sick leave
shall remain in full force and effect.
h:tchron98Meps -98. s&p\rnx -a mtsl.acc
GQ?:�F
SUPERVISORY AND PROFESSIONAL
EMPLOYEES ASSOCIATION
ATTACHMENT C
INSURANCE CAPPING
The City's aggregate contribution for current dental, optical and life insurance shall be capped at
$135.00 per employee per month.
Current City Maximum Contributions:
Dental $95.80 /month
Optical $13.70 /month
Life $17.00 /month
TOTAL $126.50
h:khron98\neps- 98.s&p�n s-ca pp.98
h:\chron98\neps- 98.s&p1 ns- capp.98
G0^1-9
SUPERVISORY AND PROFESSIONAL EMPLOYEES ASSOCIATION
SICK LEAVE PAYOFF UPON SEPARATION
Employees separating from service because of a disability retirement, after five (5) years
of service, will be compensated at 80% of the employees' accumulated, unused sick leave
at the employees' current rate.
h Achron9e\sckpyoH.sdp
SUPERVISORY AND PROFESSIONAL EMPLOYEES ASSOCIATION
FA Ifffol; i
COMPUTER LOAN PROGRAM
A. Eliminate the current practice of "refinancing" to the maximum allowable loan
amount.
B. As of July 1, 1998, all participants to the loan program will be eligible for an initial,
interest free loan in the amount of $4,000 (four thousand dollars). An employee
with an outstanding balance on a prior computer loan as of July 1, 1998, will have
that amount currently due from the previous loan subtracted from the amount the
employee can borrow interest free under this program.
C. Subsequent loans or amounts in excess of the above maximum interest free loan,
would be at an interest rate of 3 %. All loans would include a 36 -month repayment
term.
D. Eligible purchases shall be expanded to include ergonomic - related furniture and
equipment.
E. Anti -viral software shall be required as a prerequisite in granting requested loans.
F. City would retain title, as security, to any equipment purchased with funds from the
above described loans, until such time as the loan is fully paid off. City is to be
notified of any exchange or updating of equipment.
G. "After- the -fact' financing is allowed only with prior approval of the Director of
Finance or his /her designee.
hlchronV\comloan. S &P
0�,�,
SUPERVISORY & PROFESSIONAL EMPLOYEES ASSOCIATION
ATTACHMENT F
DIRECT DEPOSIT
It is agreed between the City and the Supervisory & Professional Employees Association
that it is in the mutual interest of the City and its employees that all covered employees
utilize the currently available direct deposit system. Employees who do not desire to utilize
direct deposit shall make their wishes known in writing to the City's Director of Finance,
together with a statement of their reasons therefore. Exceptions to this direct deposit
policy shall not be denied.
h:%chron98%neq- s&pWir- depo.s&p
SUPERVISORY & PROFESSIONAL EMPLOYEES ASSOCIATION
ATTACHMENT G
PERSONNEL RULE 14.4
DISCIPLINARY ACTION - Authority to Take
Prior to making a final decision to take disciplinary action involving
suspension, demotion, dismissal, or reduction in pay, the City Manager shall
give written notice of the proposed action to the concerned employee. The
notice shall include a statement of reasons that a disciplinary action is being
proposed and shall include a copy of the charges being considered by the
City Manager. Except when of a confidential nature, the supporting
documentation will be provided with the written notice to the employee. A
written notice delivered to the employee's last known address shall constitute
adequate notice.
h:%chron98Vieps•98s4WisacM.s&p 6 0 7 3 `;
SUPERVISORY AND PROFESSIONAL EMPLOYEES ASSOCIATION
STANDBY DUTY
Standby duty is the time that employees, who have been released from duty, are
specifically required by their supervisor to be available for return to duty when required by
the City. During standby, employees are not required to remain at their City work station
or any other specified location. Standby duty employees are free to engage in personal
business and activities. However, standby duty requires that employees:
1. Be ready to respond immediately.
2. Be reachable by paging device or telephone. The City may, in its' discretion,
provide a paging device, e.g., a beeper, to an assigned standby duty
employee.
3. Be able to report to work within one hour of notification.
4. Refrain from activities which might impair their ability to perform assigned
duties. This includes, but is not limited to, abstaining from the consumption
of any alcoholic beverage and the use of any illegal drug or incapacitating
medication.
5. Respond to any call back during the assigned standby period.
As with any City equipment, any paging device assigned to an employee is the
responsibility of the standby employee during the standby assignment. The employee is
liable for loss or damage to the paging device which is caused by the employee's
negligence or intentional acts.
Failure of an employee to comply with the provisions of standby duty may subject the
employee to discipline, up to and including termination of employment with the City.
For each assigned period of standby duty employees shall be provided the choice of one
hour of compensatory time off or one hour of paid time.
Currently existing provisions applicable to call back pay shall remain in full force and effect.
H: \chron98\neg s -98. &p\standby. drys &p
�,
0 ?3!
EL SEGUNDO CITY COUNCIL MEETING DATE: July 7, 1998
AGENDA ITEM STATEMENT AGENDA HEADING: Consent Calendar
AGENDA DESCRIPTION:
Proposed Resolution extending Workers Compensation benefits to Police Reserve Officers and Explorers;
uncompensated members of City Commissions, Committees and Boards; and to City Volunteers.
Fiscal Impact: Proposal results in no additional funding cost to the City. Future costs will be on an actual basis
and in recent years have been zero.
RECOMMENDED COUNCIL ACTION:
Adopt Resolution
INTRODUCTION AND BACKGROUND:
Both City Employees and City Volunteers, who in the course and scope of performing various services for the City
of El Segundo sustain a work - related injury may be entitled to damages. An injured city employee is covered by
the administrative Workers Compensation process and is precluded from filing a civil law suit related to their injury.
An injured City volunteer is currently not covered by Workers Compensation and has the right to a civil suit with
the potential for a wide range of jury determined damages.
Given the City's unavoidable liability for dealing with the financial result of work related injuries, at issue is whether
volunteers should or should not be covered for purposes of Workers Compensation benefits. As described in the
sections below, the City can most effectively minimize its exposure in this area by extending Workers
Compensation benefits to City approved volunteers.
DISCUSSION:
- REFER TO ATTACHMENT -
ATTACHED SUPPORTING DOCUMENTS:
Resolution
FISCAL IMPACT:
(Check one) Operating Budget: Capital Improv. Budget:
Amount Requested:
Project/Account Budget:
Project/Account Balance: Date:
Account Number:
Project Phase:
Appropriation Required - Yes_ No_
ORIGINATED: Date: June 29, 1998
Bob Hyland, Director of Human Resources /Risk Management
REVIEWED BY: Date:
&Jan(es . Morrison, City Man
ACTION TAKEN:
aQanda.201
DISCUSSION:
r
The statutory purpose of the Workers' Compensation Act of the State of California is to limit liability of
employers in claims asserted by injured employees. An injured worker, covered by Workers' Compensation
benefits, is precluded from filing a civil law suit alleging personal injury against their employer. In a civil forum,
one has the right to a trial by jury and may recoup species of damages included but not limited to future loss
of earning potential, pain and suffering, special damages, general damages, and on some occasions, punitive
damages. The scope, duration and expense of litigation in a civil forum is also usually far greater than any
form of litigation in an administrative forum.
Unless an injured employee successfully pleads and proves extraordinary theories of liability against their
employer, such as defamation or sexual harassment, they are precluded to filing allegations of industrial
injuries before the Workers' Compensation Appeals Board which is an administrative forum. Workers'
Compensation trials involve parties, a judge /referee and a court reporter is present. There are no juries and
many of the rules of evidence are diminished. Trials are more rapid and less costly. The schedule of
permanent disability ratings results in a specific formula reflecting a monetary value after adjustments for age
and occupation. For example, an employee who has sustained an injury to their back resulting in surgery,
often receives a disability precluding "heavy work" which warrants a 30% standard level of permanent
disability, prior to adjustments for age and occupation, resulting in a monetary value of $21,420.00. The same
individual who may be in a position to sue a third -parry for a back injury and resulting surgery, depending upon
their special damages, and the lack of any affirmative defense, would almost undoubtedly recoup a monetary
sum significantly greater.
The City of El Segundo is legally uninsured for purposes of providing Workers' Compensation coverage to our
employees so by extending Workers' Compensation benefits to volunteers there is no added expense unless
a claim is filed. Thus, as indicated above, by providing Workers' Compensation coverage respecting
volunteers with the City of El Segundo, we not only dramatically limit the potential liability and monetary
awards which could occur in the civil forum, we actually provide benefits to the volunteers by facilitating a
means of providing medical treatment for injuries they may sustain during the course and scope of their
volunteer activities.
MIIIIIIIIIIIII 1 =*Mt „
The fact that an individual is serving as a volunteer is inconsistent with the concept of attempting to abuse
Workers' Compensation benefits.
Labor Code Section 3208.3, was amended in 1989 and is applicable to injuries sustained subsequent to
January 1, 1990. The stature develops a threshold of compensability for psychiatric injury. There are
numerous components to the statute, so please accept this discussion as a brief paraphrase of some of the
pertinent amendments. In order to currently establish that a psychiatric injury is compensable, an employee
shall demonstrate by a preponderance of the evidence that actual events of employment were predominant
as to all causes as combined of the psychiatric injury. (It used to be that a perception by the employee was
sufficient.)
Irrespective of this preamble, "substantial cause" is now defined as meaning that at least 35 to 40 percent of
the causation from all sources combined must be industrially related. The legislature has specifically carved
out a high threshold of compensability for compensable psychiatric injuries. Additionally, no compensation
shall be paid by an employer unless the employee has been employed by the employer for at least six (6)
months. Six (6) months of employment need not be continuous. Where the claim for compensation is filed
after notice of termination or layoff, including voluntary layoff, no compensation shall be paid unless the
employee demonstrates by a preponderance of the evidence that actual events of employment were
predominant as to all causes combined with the psychiatric injury and one or more of the following condition
exists:
(1) Sudden and extraordinary events of employment were the cause of injury.
(2) The employer has notice of psychiatric injury .... prior to the notice of termination.
(3) The employee's medical record existing prior to notice of termination or layoff contain
evidence of treatment of the psychiatric injury.
(4) Upon a finding of sexual or racial harassment by any trier of fact, whether contractual,
administrative, regulatory or judicial.
(5) Evidence that the date of injury specified in Sections 5411 of 5412 is subsequent to the
date of the notice of termination or layoff but prior to the effective date of the termination
of layoff.
This new statutory protection to an employer respecting "stress claims" has had a significant ramification resulting in
a decrease of claimants who file "stress claims ", physicians who assist in the filing of "stress claims" and attorneys
who will represent them.
• : 1 : : • =_1
The 1989 Reform Act also instituted a procedure wherein a claim for workers' compensation injury needs to
be filed by an employee before any benefits may be provided. Briefly, the general rule is that upon receipt
of a claim, the employer has 90 days within which time to conduct their investigation and accept or-deny the
claim. Claim review, and its ultimate acceptance or denial, is coordinated with City staff by professionals at
our third party administrator, Southern California Risk Management Association (SCRMA).
4. Presumptions Applicable to Police Reserve Officers
Currently, various rebuttable presumptions under the Labor Code are available to safety employees, such as
firefighters and police officers. It is true that by covering volunteer Police Reserve Officers they would be
entitled to the rebuttable presumptions available under the Labor Code respecting such medical conditions
as heart disease, cancer or hernias. Conversely, however, if a Police Reserve Officer was injured within the
course and scope of their reserve activities and for example the injuries stemmed from the negligence of the
other party or for violation of a police policy, the civil damages could be and would be significant. One Police
Reserve Officer becoming a paraplegic as a result of a shooting incident, when the City of El Segundo does
not extend Workers' Compensation benefits towards volunteer police reserve employees, would result in
astronomical monetary exposure for the City.
Formal extension of Workers Compensation benefits to our Police Reserve Officers should also have a
positive impact in our ability to attract and retain individuals to participate in the City's Reserve Program.
Participants in the Reserve Program must also pass the same comprehensive medical evaluation that the
City's full time Police Officer's undergo.
5. Cumulative Trauma Liability Shared
The majority of individuals who would benefit as volunteer employees with the City of El Segundo, would most
likely continue to maintain their regular full time employment. Thus, in the absence of any specific injury or
trauma while serving as a volunteer, the City of El Segundo would also be in a position to seek contribution
under the Labor Code for any cumulative trauma conditions that may arise out of or relate to volunteer
employment.
.1 •:. 1
The great majority of our volunteers are associated with our Police, Recreation and Parks and Library
Departments. Volunteers in these departments are typified by providing well defined services at specified
times and under the control, direction and /or monitoring of designated departmental representatives.
SUMMARY
In summary, it is the recommendation of City staff and of the City Attorney that Workers Compensation
benefits be extended to our volunteer employees.
Volunteers are recognized as playing an important role in helping to support and augment vital City Services.
Adoption of the proposed Resolution extending Workers Compensation benefits to Police Reserve Officers
and Explorers; uncompensated members of City Commissions, Committees and Boards; and formally
recognized volunteers results in no additional funding cost to the City. Future costs will be on an actual basis
and in recent years have been zero.
l,'0?3,
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
EL SEGUNDO, CALIFORNIA, EXTENDING WORKERS'
COMPENSATION BENEFITS TO POLICE RESERVE
OFFICERS AND EXPLORERS; UNCOMPENSATED
MEMBERS OF CITY COMMISSIONS, COMMITTEES
AND BOARDS, AND TO CITY VOLUNTEERS.
WHEREAS, the City Council of the City of El Segundo, California has determined
that in the best public interest, Workers' Compensation benefits shall be extended to Police
Reserve Officers and Explorers; uncompensated members of City Commissions, Committees and
Boards, and to City volunteers;
WHEREAS, it is within the discretion of the City Council to extend Workers'
Compensation benefits;
WHEREAS, public interest, convenience and necessity require it;
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of El
Segundo as follows;
SECTION 1. Pursuant to Labor Code Sections 3363.5 and 3361.5, Police Reserve
Officers and Explorers, uncompensated members of City Commissions, Committees and Boards,
and volunteers of the City of El Segundo are deemed to be an employee of the City for purposes
of Workers' Compensation insurance while performing such services for the City and hereby
entitled to Workers' Compensation benefits.
SECTION 2. This resolution shall take effect immediately.
SECTION 3. The City Clerk shall certify to the passage and adoption of this
resolution; shall enter the same in the book of original resolutions of said City; and shall make a
minute of the passage and adoption thereof in the records of the proceedings of the City Council
of said City, in the minutes of the meeting at which the same is passed and adopted.
PASSED, APPROVED AND ADOPTED this 7th day of July, 1998.
Mike Gordon, Mayor of the
City of El Segundo
ATTEST:
Cindy Mortesen,
City Clerk (SEAL)
APPROVED AS TO FORM:
Mark D. Hensley,
City Attorney
',
EL SEGUNDO CITY COUNCIL MEETING DATE: July 7, 1998
AGENDA ITEM STATEMENT AGENDA HEADING: Consent
AGENDA DESCRIPTION:
South Bay Cities Council of Governments (the "COG ") proposed First Amended and Restated Joint Powers
Agreement
RECOMMENDED COUNCIL ACTION:
1. Approve amended and Restated Joint Powers Agreement and authorize the Mayor to sign.
2. Adopt Resolution
DISCUSSION:
The Governing board of the South Bay Cities Council of Governments (the "COG ") seeks the Councils
approval of the proposed First Amended and Restated Joint Powers Agreement for the South Bay Cities
Council of Governments. The proposed amendment would establish a mechanism by which the South Bay
Cities Council of Governments' total voting membership for quorum and voting purposes would consist only
of Members on "active" status. A member agency would maintain active status by being current on its dues
and by having its governing body respresentative or alternate respresentative present at least every third
month. Any member placed on inactive status could be immediately reactivated merely by making its dues
current or by attending a meeting.
The COG's governing board is submitting the proposed amendment because a quorum has not been present
at a number of regularly scheduled meetings over the past several years. The longest period over which a
quorum has not been present has been three months. Thus, in some instances, it has been impossible for
the COG to take necessary actions in a timely manner.
--------------------------------------------------------------------------------
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INTRODUCTION AND BACKGROUND:
The South Bay Cities COG is a joint powers authority created pursuant to the California Government Code.
The COG's organizational documents consist of a joint powers agreement and a set of bylaws. Among other
things, these organizational documents establish a governing board to conduct the affairs of the COG. The
legislative body of each member agency selects one of its members to be the agency's representative to the
COG's governing board, and another of its member's to be the agency's alternate representative.
The South Bay Cities COG is the successor organization to several earlier associations. In 1977, a group of
cities from the South bay established a joint powers authority to deal with sub - regional transportation issues
(the "South Bay Corridor JPA" ). The South Bay Corridor JPA expires June 30, 1998.
Historically, the South Bay Cities also participated in an unincorporated association known a s the South Bay
Cities Association. The South Bay Cities Association played a valuable role in serving as a forum for the
exchange of ideas and information among its members cities. There was, however, a growing need for the
South Bay Cities to develop and implement their own sub - regional policies and plans to voluntarily and
cooperatively resolve differences among themselves. This led to the formation of the South Bay Cities COG
in April 1995.
Then, effective May 1, 1997, the COG's member agencies approved a First Amendment to the COG's joint
powers agreement. This amendment established the elective position of Vice Chair (Finance).
The COG's governing board now proposes that each member agency approve a proposed First Amended
and Restated Joint Powers Agreement. A draft of the proposed amendment, which has been marked to show
the proposed changes from the current agreement, is attached. An exerpt of the COG's governing board's
minutes recommending this action to the legislative bodies of the member agencies is also attached. A
proposed Resolution approving the proposed First Amended and Restated Joint Powers Agreement is
attached.
ATTACHED SUPPORTING DOCUMENTS:
1. Exerpt of §Duth Bay Cities COG Governing Board Minutes, May 28, 1998
2. Draft ReXgrution
ORIGINATED• '� �y Date: / n/ r, Q 0
Cindv Mort _ C-ity 6J
Tim Grimmond. Interim tv Ma aoer
SOUTH BAY CITIES COUNCIL OF GOVERNMENTS
EXERPT FROM GOVERNING BOARD MINUTES,
REGULAR MEETING OF MAY 28, 1998
ITEM VI.B. Quorum Requirement Revision
In response to prior direction, John Fellows, City Attorney for Torrance, presented
an amendment to the current JPA to create an "Inactive Status" category that would not
count for quorum purposes. He distributed an amended and re- stated JPA, which
includes changes previously approved in May of 1997 (establishing a formal, elected
position of Vice -Chair (Finance)) and the proposed new mechanism by which the total
voting membership for quorum and voting purposes would consist only of Members not
on inactive status.
MOTION by Jack Messerlian, seconded by Gwen Duffy, to approve the proposed
changes and direct staff to circulate the proposed First Amended and Restated Joint
Powers Agreement to the member agencies for approval by their legislative bodies. No
objection. So ordered.
10?40
RESOLUTIOON NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA
APPROVING A FIRST AMENDED AND RESTATED JOINT POWERS AGREEMENT FOR THE
SOUTH BAY CITIES COUNCIL OF GOVERNMENTS (A JOINT POWERS AUTHORITY)
PROVIDING FOR THE ESTABLISHMENT OF AN INACTIVE MEMBERSHIP STATUS AND
MODIFYING THE AUTHROITY'S QUORUM REQUIREMENT
WHEREAS, the South Bay Cities Council of Governments, a joint powers authority (the South Bay Cities
COG), was formed in 1995, and
WHERAS, the South Bay Cities COG now wishes to have its member agencies amend its join powers
agreement to establish an "inactive" membership status and to modify the authority's quorum requirement;
and
WHERAS, such an act requires approval of a First Amended and Restated Joint Powers Agreement
"South Bay Cities Council of Governments" (A Joint Powers Authority) by a vote of not less than two
thirds of the member agencies.
NOW, THEREFORE, the City Council of the City of El Segundo, California does hereby resolve as
follows:
1) The First Amended and Restated Joint Powers Agreement "South Bay Cities Council of
Governments" ( a Joint Powers Authority) is approved, and
2) The Mayor and City Clerk are hereby authorized and directed to execute and to attest the said
First Amendment on behalf of the City of El Segundo.
PASSED, APPROVED AND ADOPTED this 7`h day of July.
Mike Gordon, Mayor
ATTEST:
Cindy Mortesen, City Clerk
APPROVED AS TO FORM
Mark D. Hensley, City Attorney
STATE OF CALIFORNIA ]
COUNTY OF LOS ANGELES ] SS
CITY OF EL SEGUNDO ]
I, Cindy Mortesen, City Clerk of the City of El Segundo,
HEREBY CERTIFY that the whole number of members of the City
said City is five; that the foregoing resolution, being RESOLUTION
California, DO
Council of the
NO. was
u Or) r4'.
duly passed and adopted by the said City Council, approved and signed by the
Mayor of said City, and attested by the City Clerk of said City, all at a regular
meeting of the said Council held on the 7th day of July, 1998, and the same was so
passed and adopted by the following vote:
AYES: Mayor Gordon, Mayor Pro -Tem Jacobs,
Councilmembers McDowell, Gaines, Wemick
NOES: None
ABSENT: None
ABSTENTION: None
WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this 7th day of July, 1998.
Cindy Mortesen, City Clerk,
City of El Segundo, California
n 4 '1
FIRST AMENDED AND RESTATED JOINT POWERS AGREEMENT
"SOUTH BAY CITIES COUNCIL OF GOVERNMENTS"
(A JOINT POWERS AUTHORITY)
This First Amended and Restated Joint Powers Agreement (" ^ g;;ocm@a4: «First
Amended and Restated Agreement "), which is dated for identification purposes July 1,
1998, is made and entered into by and between the public entities (collectively,
"Members ") whose names are set forth on Exhibit A, pursuant to Section 6500 et seq. of
the Government Code and other applicable law:
WITNESSETH:
The parties hereto do agree as follows:
Section 1. ► ov.421s�-- Recitals. This First Amended and Restated Agreement is
made and entered into with respect to the following facts.
a. In 1977, a group of cities, commonly known as the South Bay Cities,
entered into that certain Joint Powers Agreement, Phase III
(Implementation) South Bay Corridor (Transportation) Study in the County
of Los Angeles (the "South Bay Corridor JPA "). The South Bay Corridor
JPA has subsequently been amended and extended so that the current
membership consists of the agencies whose names are set forth on Exhibit
B. The current termination date of the South Bay Corridor JPA is June 30,
1998.
b. Historically, the South Bay Citieslaue also participated in an
unincorporated association known as the South Bay Cities Association.
The South Bay Cities Associationk" played a valuable role in serving as a
forum for the exchange of ideas and informatiorr among its member cities;
however, the growing need for the South Bay Cities to develop and
implement their own subregional policies and plans and voluntarily and
cooperatively to resolve differences among themselves r,eyu;Pesrequired a
more representative and formal structure.
C. The public interest esre uired a joint powers agency to conduct
studies and projects designed to improve and coordinate the common
governmental responsibilities and services on an area -wide and subregional
basis. The Members believed that the existing South Bay Corridor JPA as
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presently constituted i&was inadequate to satisfy these purposes and that
they might better be satisfied through the establishment of a joint powers
agency of broader scope, to be known as a council of governments.
d. The public interest "required that such an agency explore areas of
inter - governmental cooperation and coordination of government programs
and provide recommendations and solutions to problems of common and
general concern to its Members.
e. The public interest wqui:esrequired that an agency with the aforementioned
goals not possess the authority to compel any of its Members to conduct
any activities or implement any plans or strategies that the Member doa&did
not wish to undertake (except for the payment of dues).
f. Each Member is a governmental entity established by law with full powers
of government in legislative, administrative, financial, and other related
fields.
g. Each Member, by and through its legislative body,h" determined that a
subregional organization to assist in planning and voluntary coordination
among the cities in the South Bay iswas required in furtherance of the
public interest, necessity and convenience.
h. Each Member, by and through its legislative body,h" independently
determined that the public interest, convenience and necessity required
creation of a joint powers authority to be known as the South Bay Cities
Council of Governments.
r-equi i. In the Spring of 1995, each Member, by and through its legislative body
execution of thig Agwcaw=he joint powers agreement by and on behalf of each such UW4
Member. Following execution by 10 of the Eligible Public Entities, the South Bay
Cities Council of Governments was formed effective as of April 1, 1995. A
Notice of Joint Powers Agreement was filed with the California Secretary
of State as of June 22, 1995, and assigned file number 1450.
j. In 1997, the Members determined that it would be advantageous to establish
a formal, elected position of Vice -Chair (Finance) and circulated a First
Amendment to Agreement Establishing the South Bay Cities Council of
Governments (A Joint Powers Authority.) The First Amendment was
approved by 2/3 of the legislative bodies of the Members and became
effective May 1, 1997.
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k. The Members now desire to further amend the joint powers agreement to
establish a mechanism by which the total voting membership for quorum
and voting purposes would consist only of Members not on inactive status.
Section 2. Creation of Separate Legal Entity. A separate legal entity is created within
the meaning of Section 6503.5 of the California Government Code; this
entity shall exercise its powers in accordance with the provisions of this
First Amended and Restated Agreement and applicable law.
Section 3. Name. The name of this separate legal entity shall be the South Bay Cities
Council of Governments ( "Council').
Section 4. Purpose and Powers of the Council.
a. Purpose of Council. The purpose of the Council is to provide a vehicle for
the Members to engage voluntarily in regional and cooperative planning
and coordination of government services and responsibilities, to assist the
Members in the conduct of their affairs. It is the express intent of the
members that the Council shall not possess the authority to compel any
Member to conduct any activity or to implement any plan or strategy that
the Member does not wish to undertake (except for the payment of dues).
The goal and intent of the Council is one of voluntary cooperation among
cities in the South Bay for the collective benefit of all.
b. Common Powers. The Council shall have, and may exercise, the following
powers:
(1) Serve as an advocate in representing the Members of the South Bay
Cities at the regional, state and federal levels on issues of importance
to the South Bay Cities;
(2) Serve as a forum for the review, consideration, study, development
and recommendation of public policies and plans with subregional or
regional significance;
(3) Assemble information helpful in the consideration of problems
peculiar to the Members;
(4) Employ Member resources or presently- existing, single - purpose
public /private groups to carry out its programs and projects;
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(5) Explore practical avenues for voluntary intergovernmental
cooperation, coordination and action in the interest of local public
welfare and improving the administration of governmental services;
(6) Assist in coordinating subregional planning efforts and in resolving
conflicts among the cities in the South Bay as they work toward
achieving planning goals;
(7) Build a consensus among the Members on the implementation of
policies and programs for addressing subregional and regional
issues;
(8) Serve as a mechanism for obtaining regional, state, and federal
grants to assist in financing the expenditures of the Council;
(9) Make and enter into contracts, including contracts for the services of
engineers, consultants, planners, attorneys and single purpose
public /private groups;
(10) Employ agents, officers and employees;
(11) Apply for, receive and administer a grant or grants under any
regional, state, or federal program;
(12) Receive gifts, contributions and donations of property, funds,
services and other forms of financial assistance from persons, firms,
corporations and any governmental entity;
(13) Lease, manage, maintain, and operate any buildings, works, or
improvements; and
(14) Delegate some or all of its powers to the Executive Director as
provided below.
C. Exercise of Powers. The Council shall, in addition, have all implied powers
necessary to perform its functions. It shall exercise its powers only in a
manner consistent with the provisions of applicable law, this First Amended
and Restated Agreement and the Bylaws. For the purposes of determining
the restrictions to be imposed on the Council in its manner of exercising its
powers pursuant to Government Code Section 6509, reference shall be
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made to, and the Council shall observe, the restrictions imposed upon the
City of Lomita.
Section 5. Creation of Governing Board and General Assembly.
a. Creation of Governing Board. A Governing Board for the Council
( "Governing Board ") is created to conduct the affairs of the Council. The
Governing Board shall be constituted as follows:
(1) Designation of Governing Board Representatives. The legislative
body of each of the Members shall designate one person as the
Member's representative on the Governing Board ( "Governing
Board Representative ").
(2) Designation of Alternate Governing Board Representatives. The
legislative body of each of the Members shall designate one person
as the Member's alternate representative on the Governing Board
( "Alternate Governing Board Representative ").
(3) Eligibility. No person shall be eligible to serve as a Governing
Board Representative or Alternate Governing Board Representative
unless that person is, at all times during the tenure of that person as a
Governing Board Representative or Alternate Governing Board
Representative, a member of the legislative body of one of the
appointing Members. Should any person serving on the Governing
Board fail to maintain the status required by this Section 5, that
person's position on the Governing Board shall be deemed vacated
as of the date such person ceases to qualify pursuant to the
provisions of this Section 5, and the Member shall be entitled to
appoint a qualified replacement.
b. Creation of General Assembly. A General Assembly for the Council
( "General Assembly ") is created to discuss issues and make
recommendations to the Governing Board. All elected officials of the
legislative bodies of all Members shall be members of the General
Assembly. The Chair of the Governing Board shall be the Chair of the
General Assembly. A General Assembly may be called by the Chair of the
Governing Board or by a majority of the Governing Board representatives.
Section 6. Use of Public Funds and Property. The Council shall be empowered to
utilize for its purposes, public and/or private funds, property and other
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resources received from the Members and/or from other sources. Where
applicable, the GeuerPiaggoverning Board of the Council may permit one
or more of the Members to provide in -kind services, including the use of
property, in lieu of devoting cash to the funding of the Council's activities.
Section 7. Functioning of Governing Board.
a. Voting and Participation. Through its Governing Board Representative,
each Member may cast only one vote for each issue before the Governing
Board. An Alternate Governing Board Representative may participate or
vote in the proceedings of the Governing Board only in the absence of that
Member's Governing Board Representative. A Governing Board
Representative or Alternate Governing Board Representative seated on the
Governing Board shall be entitled to participate and vote on matters
pending before the Governing Board only if such person is physically
present at the meeting of the Governing Board and if the Member which
that Governing Board Representative or Alternate Governing Board
Representative represents has timaly and fully paid due-s- as ;iaquiwd b�
is not on inactive status (as defined in Section
2 Lb of this First Amended and Restated Agreement).
b. Proxy Voting. No absentee ballot or proxy shall be permitted.
C. Quorum. A quorum of the Governing Board shall consist of not less than
fifty percent (50 %) plus one (1) of its total voting membership as defined
in Section 2 Lb of this First Amended and Restated Agreement).
d. Committees. As needed, the Governing Board may create permanent or ad
hoc advisory committees to give advice to the Governing Board on such
matters as may be referred to such committees by the Governing Board.
All committees shall have a stated purpose before they are formed.
Standing committees shall remain in existence until they are dissolved by
the Governing Board. Ad hoc committees shall be dissolved upon
completion of their designated functions. Committees, unless otherwise
provided by law, this First Amended and Restated Agreement, the Bylaws
or by direction of the Governing Board, may be composed of
representatives to the Governing Board and nonrepresentatives to the
Governing Board.
e. Actions. Actions taken by the Governing Board shall be by not less
than fifty percent (50 %) plus one (1) of the voting representatives of the
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Governing Board which are present with a quorum in attendance, unless by
a provision of applicable law, this First Amended and Restated Agreement,
the Bylaws or by direction of the Governing Board, a higher number of
votes is required to carry a particular motion.
Section 8. Duties of the Governing Board. The Governing Board shall be deemed, for
all purposes, the policy making body of the Council. All of the powers of
the Council, except as may be expressly delegated to others pursuant to the
provisions of applicable law, this First Amended and Restated Agreement,
the Bylaws or by direction of the Governing Board, shall be exercised by
and through the Governing Board.
Section 9. Roberts Rules of Order. The substance of Roberts Rules of Order shall
apply to proceedings of the Governing Board, except as may otherwise be
provided by provisions of applicable law, this First Amended and Restated I
Agreement, the Bylaws or by direction of the Governing Board.
Section 10. Meetings of Governing Board. The Governing Board shall, by means of the
adoption of Bylaws, establish the dates and times of regular meetings of the
Governing Board. The location of each such meeting shall be as directed
by the Governing Board.
Section 11. Election of Chair and Vice - Chairs. The Chair of the Governing Board shall
conduct all meetings of the Governing Board and perform such other duties
and functions as required of such person by provisions of applicable law,
this First Amended and Restated Agreement, the Bylaws or by direction of
the Governing Board. The Vice -Chair shall serve as Chair in the absence of
the Chair and shall perform such duties as may be required by provisions of
applicable law, this First Amended and Restated Agreement, the Bylaws, or
by the direction of the Governing Board or the Chair. The Vice -Chair
(Finance) shall serve as Chair in the absence of the Chair and the Vice -
Chair and shall perform such duties as may be required by provisions of
applicable law, this First Amended and Restated Agreement, the Bylaws, or
by the direction of the Governing Board or the Chair. In addition, the Vice -
Chair (Finance) shall supervise the Treasurer and Auditor in the
performance of the duties assigned to them by Section 14 of the First
Amended and Restated Agreement.
A Governing Board Representative shall be elected annually to the position
of Chair of the Governing Board, a second Governing Board Representative
shall be elected to the position of Vice -Chair of the Governing Board and a
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third Governing Board Representative shall be elected to the position of
Vice -Chair (Finance) of the Governing Board, at the first regular meeting of
the Governing Board held in May of each calendar year. The terms of
office of the Chair, Vice -Chair and Vice -Chair (Finance) shall commence
on July 1 and expire of the succeeding June 30.
If there is a vacancy, for any reason, in the position of Chair, Vice -Chair or
Vice -Chair (Finance), the Governing Board shall forthwith conduct an
election and fill such vacancy for the unexpired term of such prior
incumbent.
Section 12. Executive Director. The Governing Board may appoint by a vote of fifty
percent (50 %) plus one (1) of the total voting membership a qualified
person to be Executive Director, on any basis it desires including, but not
limited to, a contract or employee basis. The Executive Director shall be
neither a Governing Board Representative, nor an Alternate Governing
Board Representative, nor an elected official of any Eligible Public Entity
(as defined in Section 21(c) of this First Amended and Restated
Agreement). The Executive Director shall be the chief administrative
officer of the Council. The Executive Director shall receive such
compensation as may be fixed by the Governing Board. The Executive
Director shall serve at the pleasure of the Governing Board and may be
relieved from such position at any time, without cause, by a vote of fifty
percent (50 %) plus one (1) of the total voting membership of the Governing
Board taken at a regular, adjourned regular or special meeting of the
Governing Board. The Executive Director shall perform such duties as may
be imposed upon that person by the provisions of applicable law, this First
Amended and Restated Agreement, the Bylaws, or by the direction of the
Governing Board.
Section 13. Designation of Treasurer and Auditor. The Governing Board shall, in
accordance with applicable law, designate a qualified person to act as the
Treasurer of the Council and a qualified person to act as the Auditor of the
Council. If the Governing Board so designates, and in accordance with
provisions of applicable law, a qualified person may hold both the office of
Treasurer and the office of Auditor of the Council. The compensation, if
any, of a person or persons holding the offices of Treasurer and/or Auditor
shall be set by the Governing Board.
Section 14. Duties of Treasurer and Auditor. The person holding the position of
Treasurer of the Council shall have charge of the depositing and custody of
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all funds held by the Council. The Treasurer shall perform such other
duties as may be imposed by provisions of applicable law, including those
duties described in Section 6505.5 of the Government Code, and such
duties as may be required by the Governing Board. The Council's Auditor
shall perform such functions as may be required by provisions of applicable
law, this First Amended and Restated Agreement, the Bylaws and by the
direction of the Governing Board.
Section 15. Designation of Other Officers and Employees. The Governing Board may
appoint or employ such other officers or employees as it deems appropriate
and necessary to conduct the affairs of the Council.
Section 16. Obligations of Council. The debts, liabilities and obligations of the Council
shall be the debts, liabilities or obligations of the Council alone. No
Member of the Council shall be responsible, directly or indirectly, for any
obligation, debt or liability of the Council, whatsoever.
Section 17. Control and Investment of Council Funds. The Governing Board shall
adopt a policy for the control and investment of its funds and shall require
strict compliance with such policy. The policy shall comply, in all respects,
with all provisions of applicable law.
Section 18. Implementation Agreements. When authorized by the Governing Board,
affected Members may execute an Implementation Agreement for the
purpose of authorizing the Council to implement, manage and administer
area -wide and regional programs in the interest of the local public welfare.
The costs incurred by the Council in implementing a program, including
indirect costs, shall be assessed only to those Members who are parties to
that Implementation Agreement.
Section 19. Term. The Council created pursuant to this First Amended and Restated
Agreement shall continue in existence until such time as this First Amended
and Restated Agreement is terminated. This First Amended and Restated
Agreement may not be terminated except by an affirmative vote of not less
than fifty percent (50 %) plus one (1) of the then total voting membership of
the Governing Board.
Section 20. Application of Laws to Council Functions. The Council shall comply with
all applicable laws in the conduct of its affairs, including, but not limited to,
the Ralph M. Brown Act. (Section 54950 et seq., of the Government Code.)
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v
Section 21. Members.
a. Withdrawal. A member may withdraw from the Council by filing its
written notice of withdrawal with the Chair of the Governing Board 60 days
before the actual withdrawal. Such a withdrawal shall be effective at 12:00
o'clock a.m. on the last day of that 60 -day period. The withdrawal of a
Member shall not in any way discharge, impair or modify the voluntarily -
assumed obligations of the withdrawn Member in existence as of the
effective date of its withdrawal. Withdrawal of a Member shall not affect
the remaining Members. A withdrawn Member shall no -affect the
be entitled to the
return of any funds or other assets belonging to the Council, until the
effective date of termination of this First Amended and Restated
Agreement, except that a withdrawn Member shall be entitled to the balance
of the annual dues paid for the year by that Member which were intended
for the remaining part of that year. Withdrawal from any Implementation
Agreement shall not be deemed withdrawal from the Council.
b. Total Voting Membership/Inactive Status. The total voting membership
shall consist of all Members, except those that have withdrawn or are on
Inactive Status. A Member will be placed on Inactive Status if either of the
following events occurs:
bbl Non- Payment of Dues. If a Member fails to pay dues within three
months of the annual dues assessment as fwuired under Section 23
I*— of this First Amended and Restated Agreement and the Bylaws, and
after a 30 -day written notice is provided to that Member, the
Member shall be deemed to be suspended from this First Amended
and Restated Agreement and the Council. When a Member is
suspended, no representative of that Member shall participate or vote
on the Governing Board. Such a Member shall be readmitted only
upon the payment of all dues then owed by the Member, including
dues incurred prior to the suspension and during the suspension.
(2) Failure to Attend Meetings. If a Member is not represented by its
Governing Board Representative or Alternate Governing Board
Representative for three consecutive regular meetings of the
Governing Board, that Member will be placed on Inactive Status
until such time as its Governing Board Representative or Alternate
Governing Board Representative next attends a regular meeting of
the Governing Board.
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Mayor, City of El Segundo
Date:
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
Mayor, City of Hermosa Beach
Date:
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
Mayor, City of Hawthorne
Date:
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
Mayor, City of Lomita
Date:
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
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Mayor, City of Inglewood
Date:
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
Mayor, City of Lawndale
Date:
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
Mayor, City of Los Angeles
Date:
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
Mayor, City of Manhattan Beach
Date:
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
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Mayor, Palos Verdes Estates Mayor, City of Rolling Hills
Date: Date:
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
Mayor, Rancho Palos Verdes
Date:
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
Mayor, taty of zoning nibs rsiates
Date:
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
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Mayor, City of Redondo Beach
Date:
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
Mayor, City of Torrance
Date:
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
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EXHIBIT A
[List of Member Agencies]
Carson
E1 Segundo
Gardena
Hawthorne
Hermosa Beach
Inglewood
Lawndale
Lomita
Los Angeles (15th Council
District Representative)
Manhattan Beach
Palos Verdes Estates
Rancho Palos Verdes
Redondo Beach
Rolling Hills
Rolling Hills Estates
Torrance
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EXHIBIT B
[List of Member Agencies in South Bay Corridor JPA]
Carson City of Los Angeles
El Segundo Manhattan Beach
Gardena
Hawthorne
Hermosa Beach
Inglewood
Lawndale
Lomita
Palos Verdes Estates
Rancho Palos Verdes
Redondo Beach
Rolling Hills
Rolling Hills Estates
Torrance
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EXHIBIT C
[List of Eligible Public Entities]
Carson
El Segundo
Gardena
Hawthorne
Hermosa Beach
Inglewood
Lawndale
Lomita
Los Angeles (15th Council
District Representative)
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Manhattan Beach
Palos Verdes Estates
Rancho Palos Verdes
Redondo Beach
Rolling Hills
Rolling Hills Estates
Torrance
County of Los Angeles
FIRST AMENDED AND RESTATED JOINT POWERS AGREEMENT
"SOUTH BAY CITIES COUNCIL OF GOVERNMENTS"
(A JOINT POWERS AUTHORITY)
This First Amended and Restated Joint Powers Agreement ( "First Amended and
Restated Agreement "), which is dated for identification purposes July 1, 1998, is made
and entered into by and between the public entities (collectively, "Members ") whose
names are set forth on Exhibit A, pursuant to Section 6500 et seq. of the Government
Code and other applicable law:
WITNESSETH:
The parties hereto do agree as follows:
Section 1. Recitals. This First Amended and Restated Agreement is made and entered
into with respect to the following facts.
a. In 1977, a group of cities, commonly known as the South Bay Cities,
entered into that certain Joint Powers Agreement, Phase III
(Implementation) South Bay Corridor (Transportation) Study in the County
of Los Angeles (the "South Bay Corridor JPA "). The South Bay Corridor
JPA has subsequently been amended and extended so that the current
membership consists of the agencies whose names are set forth on Exhibit
B. The current termination date of the South Bay Corridor JPA is June 30,
1998.
b. Historically, the South Bay Cities also participated in an unincorporated
association known as the South Bay Cities Association. The South Bay
Cities Association played a valuable role in serving as a forum for the
exchange of ideas and information among its mdmber cities; however, the
growing need for the South Bay Cities to develop and implement their own
subregional policies and plans and voluntarily and cooperatively to resolve
differences among themselves required a more representative and formal
structure.
C. The public interest required a joint powers agency to conduct studies and
projects designed to improve and coordinate the common governmental
responsibilities and services on an area -wide and subregional basis. The
Members believed that the existing South Bay Corridor JPA as presently
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constituted was inadequate to satisfy these purposes and that they might
better be satisfied through the establishment of a joint powers agency of
broader scope, to be known as a council of governments.
d. The public interest required that such an agency explore areas of inter-
governmental cooperation and coordination of government programs and
provide recommendations and solutions to problems of common and
general concern to its Members.
e. The public interest required that an agency with the aforementioned goals
not possess the authority to compel any of its Members to conduct any
activities or implement any plans or strategies that the Member did not wish
to undertake (except for the payment of dues).
f. Each Member is a governmental entity established by law with futt powers
of government in legislative, administrative, financial, and other related
fields.
g. Each Member, by and through its legislative body, determined that a
subregional organization to assist in planning and voluntary coordination
among the cities in the South Bay was required in furtherance of the public
interest, necessity and convenience.
h. Each Member, by and through its legislative body, independently
determined that the public interest, convenience and necessity required
creation of a joint powers authority to be known as the South Bay Cities
Council of Governments.
i. In the Spring of 1995, each Member, by and through its legislative body
approved the execution of the joint powers agreemerit by and on behalf of
each such Member. Following execution by 10 of the Eligible Public
Entities, the South Bay Cities Council of Governments was formed
effective as of April 1, 1995. A Notice of Joint Powers Agreement was
filed with the California Secretary of State as of June 22, 1995, and
assigned file number 1450.
j. In 1997, the Members determined that it would be advantageous to establish
a formal, elected position of Vice -Chair (Finance) and circulated a First
Amendment to Agreement Establishing the South Bay Cities Council of
Governments (A Joint Powers Authority.) The First Amendment was
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approved by 2/3 of the legislative bodies of the Members and became
effective May 1, 1997.
k. The Members now desire to further amend the joint powers agreement to
establish a mechanism by which the total voting membership for quorum
and voting purposes would consist only of Members not on inactive status.
Section 2. Creation of Separate Legal Entity. A separate legal entity is created within
the meaning of Section 6503.5 of the California Government Code; this
entity shall exercise its powers in accordance with the provisions of this
First Amended and Restated Agreement and applicable law.
Section 3. Name. The name of this separate legal entity shall be the South Bay Cities
Council of Governments ( "Council ").
Section 4. Purpose and Powers of the Council.
a. Purpose of Council. The purpose of the Council is to provide a vehicle for
the Members to engage voluntarily in regional and cooperative planning
and coordination of government services and responsibilities, to assist the
Members in the conduct of their affairs. It is the express intent of the
members that the Council shall not possess the authority to compel any
Member to conduct any activity or to implement any plan or strategy that
the Member does not wish to undertake (except for the payment of dues).
The goal and intent of the Council is one of voluntary cooperation among
cities in the South Bay for the collective benefit of all.
b. Common Powers. The Council shall have, and may exercise, the following
powers:
(1) Serve as an advocate in representing the Members of the South Bay
Cities at the regional, state and federal levels on issues of importance
to the South Bay Cities;
(2) Serve as a forum for the review, consideration, study, development
and recommendation of public policies and plans with subregional or
regional significance;
(3) Assemble information helpful in the consideration of problems
peculiar to the Members;
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(4) Employ Member resources or presently- existing, single - purpose
public /private groups to carry out its programs and projects;
(5) Explore practical avenues for voluntary intergovernmental
cooperation, coordination and action in the interest of local public
welfare and improving the administration of governmental services;
(6) Assist in coordinating subregional planning efforts and in resolving
conflicts among the cities in the South Bay as they work toward
achieving planning goals;
(7) Build a consensus among the Members on the implementation of
policies and programs for addressing subregional and regional
issues;
(8) Serve as a mechanism for obtaining regional, state, and federal
grants to assist in financing the expenditures of the Council;
(9) Make and enter into contracts, including contracts for the services of
engineers, consultants, planners, attorneys and single purpose
public /private groups;
(10) Employ agents, officers and employees;
(11) Apply for, receive and administer a grant or grants under any
regional, state, or federal program;
(12) Receive gifts, contributions and donations of property, funds,
services and other forms of financial assistance from persons, firms,
corporations and any governmental entity;
(13) Lease, manage, maintain, and operate any buildings, works, or
improvements; and
(14) Delegate some or all of its powers to the Executive Director as
provided below.
C. Exercise of Powers. The Council shall, in addition, have all implied powers
necessary to perform its functions. It shall exercise its powers only in a
manner consistent with the provisions of applicable law, this First Amended
and Restated Agreement and the Bylaws. For the purposes of determining
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the restrictions to be imposed on the Council in its manner of exercising its
powers pursuant to Government Code Section 6509, reference shall be
made to, and the Council shall observe, the restrictions imposed upon the
City of Lomita.
Section 5. Creation of Governing Board and General Assembly.
a. Creation of Governing Board. A Governing Board for the Council
( "Governing Board ") is created to conduct the affairs of the Council. The
Governing Board shall be constituted as follows:
(1) Designation of Governing Board Representatives. The legislative
body of each of the Members shall designate one person as the
Member's representative on the Governing Board ( "Governing
Board Representative ").
(2) Designation of Alternate Governing Board Representatives. The
legislative body of each of the Members shall designate one person
as the Member's alternate representative on the Governing Board
( "Alternate Governing Board Representative ").
(3) Eligibility. No person shall be eligible to serve as a Governing
Board Representative or Alternate Governing Board Representative
unless that person is, at all times during the tenure of that person as a
Governing Board Representative or Alternate Governing Board
Representative, a member of the legislative body of one of the
appointing Members. Should any person serving on the Governing
Board fail to maintain the status required by this Section 5, that
person's position on the Governing Board shall be deemed vacated
as of the date such person ceases to qudlify pursuant to the
provisions of this Section 5, and the Member shall be entitled to
appoint a qualified replacement. `
b. Creation of General Assembly. A General Assembly for the Council
( "General Assembly ") is created to discuss issues and make
recommendations to the Governing Board. All elected officials of the
legislative bodies of all Members shall be members of the General
Assembly. The Chair of the Governing Board shall be the Chair of the
General Assembly. A General Assembly may be called by the Chair of the
Governing Board or by a majority of the Governing Board representatives.
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Section 6. Use of Public Funds and Property. The Council shall be empowered to
utilize for its purposes, public and/or private funds, property and other
resources received from the Members and/or from other sources. Where
applicable, the governing Board of the Council may permit one or more of
the Members to provide in -kind services, including the use of property, in
lieu of devoting cash to the funding of the Council's activities.
Section 7. Functioning of Governing Board.
a. Voting and Participation. Through its Governing Board Representative,
each Member may cast only one vote for each issue before the Governing
Board. An Alternate Governing Board Representative may participate or
vote in the proceedings of the Governing Board only in the absence of that
Member's Governing Board Representative. A Governing Bowl
Representative or Alternate Governing Board Representative seated on the
Governing Board shall be entitled to participate and vote on matters
pending before the Governing Board only if such person is physically
present at the meeting of the Governing Board and if the Member which
that Governing Board Representative or AIternate Governing Board
Representative represents is not on inactive status (as defined in Section
2 Lb of this First Amended and Restated Agreement).
b. Proxy Voting. No absentee ballot or proxy shall be permitted.
C. Quorum. A quorum of the Governing Board shall consist of not less than
fifty percent (50 %) plus one (1) of its total voting membership (as defined
in Section 2 Lb of this First Amended and Restated Agreement).
d. Committees. As needed, the Governing Board may create permanent or ad
hoc advisory committees to give advice to the Governing Board on such
matters as may be referred to such committees by the Governing Board.
All committees shall have a stated purpose before they are formed.
Standing committees shall remain in existence until they are dissolved by
the Governing Board. Ad hoc committees shall be dissolved upon
completion of their designated functions. Committees, unless otherwise
provided by law, this First Amended and Restated Agreement, the Bylaws
or by direction of the Governing Board, may be composed of
representatives to the Governing Board and nonrepresentatives to the
Governing Board.
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e. Actions. Actions taken by the Governing Board shall be by not less
than fifty percent (50 %) plus one (1) of the voting representatives of the
Governing Board which are present with a quorum in attendance, unless by
a provision of applicable law, this First Amended and Restated Agreement,
the Bylaws or by direction of the Governing Board, a higher number of
votes is required to carry a particular motion.
Section 8. Duties of the Governing Board. The Governing Board shall be deemed, for
all purposes, the policy making body of the Council. All of the powers of
the Council, except as may be expressly delegated to others pursuant to the
provisions of applicable law, this First Amended and Restated Agreement,
the Bylaws or by direction of the Governing Board, shall be exercised by
and through the Governing Board.
Section 9. Roberts Rules of Order. The substance of Roberts Rules of Order shall
apply to proceedings of the Governing Board, except as may otherwise be
provided by provisions of applicable law, this First Amended and Restated
Agreement, the Bylaws or by direction of the Governing Board.
Section 10. Meetings of Governing Board. The Governing Board shall, by means of the
adoption of Bylaws, establish the dates and times of regular meetings of the
Governing Board. The location of each such meeting shall be as directed
by the Governing Board.
Section 11. Election of Chair and Vice - Chairs. The Chair of the Governing Board shall
conduct all meetings of the Governing Board and perform such other duties
and functions as required of such person by provisions of applicable law,
this First Amended and Restated Agreement, the Bylaws or by direction of
the Governing Board. The Vice -Chair shall serve as Chair in the absence of
the Chair and shall perform such duties as may be required by provisions of
applicable law, this First Amended and Restated Agreement, the Bylaws, or
by the direction of the Governing Board or the Chair. The Vice -Chair
(Finance) shall serve as Chair in the absence of the Chair and the Vice -
Chair and shall perform such duties as may be required by provisions of
applicable law, this First Amended and Restated Agreement, the Bylaws, or
by the direction of the Governing Board or the Chair. In addition, the Vice -
Chair (Finance) shall supervise the Treasurer and Auditor in the
performance of the duties assigned to them by Section 14 of the First
Amended and Restated Agreement.
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A Governing Board Representative shall be elected annually to the position
of Chair of the Governing Board, a second Governing Board Representative
shall be elected to the position of Vice -Chair of the Governing Board and a
third Governing Board Representative shall be elected to the position of
Vice -Chair (Finance) of the Governing Board, at the first regular meeting of
the Governing Board held in May of each calendar year. The terms of
office of the Chair, Vice -Chair and Vice -Chair (Finance) shall commence
on July 1 and expire of the succeeding June 30.
If there is a vacancy, for any reason, in the position of Chair, Vice -Chair or
Vice -Chair (Finance), the Governing Board shall forthwith conduct an
election and fill such vacancy for the unexpired term of such prior
incumbent.
Section 12. Executive Director. The Governing Board may appoint by a vote of fifty
percent (50 %) plus one (1) of the total voting membership a qualified
person to be Executive Director, on any basis it desires including, but not
limited to, a contract or employee basis. The Executive Director shall be
neither a Governing Board Representative, nor an Alternate Governing
Board Representative, nor an elected official of any Eligible Public Entity
(as defined in Section 21(c) of this First Amended and Restated
Agreement). The Executive Director shall be the chief administrative
officer of the Council. The Executive Director shall receive such
compensation as may be fixed by the Governing Board. The Executive
Director shall serve at the pleasure of the Governing Board and may be
relieved from such position at any time, without cause, by a vote of fifty
percent (50 %) plus one (1) of the total voting membership of the Governing
Board taken at a regular, adjourned regular or special meeting of the
Governing Board. The Executive Director shall perform such duties as may
be imposed upon that person by the provisions of applicable law, this First
Amended and Restated Agreement, the Bylaws, or by the direction of the
Governing Board. '
Section 13. Designation of Treasurer and Auditor. The Governing Board shall, in
accordance with applicable law, designate a qualified person to act as the
Treasurer of the Council and a qualified person to act as the Auditor of the
Council. If the Governing Board so designates, and in accordance with
provisions of applicable law, a qualified person may hold both the office of
Treasurer and the office of Auditor of the Council. The compensation, if
any, of a person or persons holding the offices of Treasurer and/or Auditor
shall be set by the Governing Board.
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Section 14. Duties of Treasurer and Auditor. The person holding the position of
Treasurer of the Council shall have charge of the depositing and custody of
all funds held by the Council. The Treasurer shall perform such other
duties as may be imposed by provisions of applicable law, including those
duties described in Section 6505.5 of the Government Code, and such
duties as may be required by the Governing Board. The Council's Auditor
shall perform such functions as may be required by provisions of applicable
law, this First Amended and Restated Agreement, the Bylaws and by the
direction of the Governing Board.
Section 15. Designation of Other Officers and Employees. The Governing Board may
appoint or employ such other officers or employees as it deems appropriate
and necessary to conduct the affairs of the Council.
Section 16. Obligations of Council. The debts, liabilities and obligations of the Council
shall be the debts, liabilities or obligations of the Council alone. No
Member of the Council shall be responsible, directly or indirectly, for any
obligation, debt or liability of the Council, whatsoever.
Section 17. Control and Investment of Council Funds. The Governing Board shall
adopt a policy for the control and investment of its funds and shall require
strict compliance with such policy. The policy shall comply, in all respects,
with all provisions of applicable law.
Section 18. Implementation Agreements. When authorized by the Governing Board,
affected Members may execute an Implementation Agreement for the
purpose of authorizing the Council to implement, manage and administer
area -wide and regional programs in the interest of the local public welfare.
The costs incurred by the Council in implementing' a program, including
indirect costs, shall be assessed only to those Members who are parties to
that Implementation Agreement.
Section 19. Term. The Council created pursuant to this First Amended and Restated
Agreement shall continue in existence until such time as this First Amended
and Restated Agreement is terminated. This First Amended and Restated
Agreement may not be terminated except by an affirmative vote of not less
than fifty percent (50 %) plus one (1) of the then total voting membership of
the Governing Board.
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Section 20. Application of Laws to Council Functions. The Council shall comply with
all applicable laws in the conduct of its affairs, including, but not limited to,
the Ralph M. Brown Act. (Section 54950 et seq., of the Government Code.)
Section 21. Members.
a. Withdrawal. A member may withdraw from the Council by filing its
written notice of withdrawal with the Chair of the Governing Board 60 days
before the actual withdrawal. Such a withdrawal shall be effective at 12:00
o'clock a.m. on the last day of that 60 -day period. The withdrawal of a
Member shall not in any way discharge, impair or modify the voluntarily -
assumed obligations of the withdrawn Member in existence as of the
effective date of its withdrawal. Withdrawal of a Member shall not affect
the remaining Members. A withdrawn Member shall not be entitled to the
return of any funds or other assets belonging to the Council, until the
effective date of termination of this First Amended and Restated
Agreement, except that a withdrawn Member shall be entitled to the balamm
of the annual dues paid for the year by that Member which were intended
for the remaining part of that year. Withdrawal from any Implementation
Agreement shall not be deemed withdrawal from the Council.
b. Total Voting Membership/Inactive Status. The total voting membership
shall consist of all Members, except those that have withdrawn or are on
Inactive Status. A Member will be placed on Inactive Status if either of the
following events occurs:
(1) Non- Payment of Dues. If a Member fails to pay dues within three
months of the annual dues assessment as required under Section 23
of this First Amended and Restated Agreement and the Bylaws, and
after a 30 -day written notice is provided to that Member, the
Member shall be deemed to be suspended from this First Amended
and Restated Agreement and the Council. When a Member is
suspended, no representative of that Member shall participate or vote
on the Governing Board. Such a Member shall be readmitted only
upon the payment of all dues then owed by the Member, including
dues incurred prior to the suspension and during the suspension.
(2) Failure to Attend Meetings. If a Member is not represented by its
Governing Board Representative or Alternate Governing Board
Representative for three consecutive regular meetings of the
Governing Board, that Member will be placed on Inactive Status
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until such time as its Governing Board Representative or Alternate
Governing Board Representative next attends a regular meeting of
the Governing Board.
C. Admitting Eligible Public Entities. Eligible public entities whose names are
set forth on Exhibit C to this First Amended and Restated Agreement
( "Eligible Public Entities ") shall be admitted to the Council by 1) adopting
this First Amended and Restated Agreement by a majority vote of the
legislative body of the Eligible Public Entity and 2) properly signing this
First Amended and Restated Agreement. An Eligible Public Entity may be
admitted regardless of whether it adopted and signed this First Amended
and Restated Agreement. An Eligible Public Entity may be admitted
regardless of whether it adopted and signed this First Amended and
Restated Agreement before or after the Effective Date (as defined in
Section 28 of this First Amended and Restated Agreement). No vote of the
Governing Board shall be required to admit an Eligible Public Entity.
d. Admitting Additional Members. Additional Members who are not Eligible
Public Entities may be admitted to the Council upon an affirmative vote of
not less than fifty percent (50 %) plus one (1) of the total voting membership
of the Governing Board provided that such a proposed new Member is a
city whose jurisdiction, or part thereof, lies immediately adjacent to one or
more of the Eligible Public Entities. Admission shall be subject to such
terms and conditions as the Governing Board may deem appropriate.
Section 22. Non - Interference with Function of Members. The Governing Board shall
not take any action that constitutes an interference with the exercise of
lawful powers by a Member of the Council.
Section 23. Limitation of Liability. All agreements entered into by the Council shall
contain a limitation of liability provision, providing that, except as
voluntarily assumed by a particular Member, Meriibers shall not be liable to
employees, contractors and other third parties.
Section 24. Dues of members. The Members of the Council shall be responsible for the
payment to the Council, annually, of dues in the amounts periodically
budgeted by the Governing Board, as and for the operating costs of the
Council ( "Dues "), as provided in the Bylaws.
Section 25. Disposition of Assets. Upon termination of this First Amended and
Restated Agreement, after the payment of all obligations of the Council,
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any assets remaining shall be distributed to the Members in proportion to
the then obligation of those Members' obligation to participate in the
funding of the Council.
Section 26. Amendment. This First Amended and Restated Agreement may be
amended at any time with the consent of two -thirds (213) of all of the
legislative bodies of the Members.
Section 27. Incorporation by Reference. Each Exhibit to this First Amended and
Restated Agreement is incorporated into the agreement by this reference, as
though it were fully set forth in the body of Ifie agreement
Section 28. Effective Date. The effective date ( "Effective Date ") of this First Amended
and Restated Agreement shall be the first day of the first month fonowing
the date on which two- thirds (2/3) of the legislative bodes of the Members
adopt and sign this First Amended and Restated Agreement.
That the Members of this First Amended and Restated Agreement have caused the
agreement to be executed on their behalf, respectively, as arc
Mayor, City of Carson
Date:
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
Mayor, City of Gardena
Date:
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
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Mayor, City of El Segundo
Date:
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
Mayor, City of Hermosa Beach
Date:
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
Mayor, City of Hawthorne
Date:
ATTEST:
City Clerk
' ' � �I����ZLYI�i • 7�
City Attorney
Mayor, City of Lomita
Date:
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
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Mayor, City of Inglewood
Date:
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
Mayor, City of Lawndale
Date:
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
Mayor, City of Los Angeles
Date:
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
Mayor, City of Manhattan Beach
Date:
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
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Mayor, Palos Verdes Estates
Date:
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
Mayor, Rancho Palos Verdes
Date:
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
Mayor, City of Rolling Hills
Date:
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
mayor, catty or zoning Hins hstates
Date:
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
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Mayor, City of Redondo Beach
Date:
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
Mayor, City of Torrance
Date:
ATTEST:
City Clerk
City Attorney
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EXHIBIT A
[List of Member Agencies]
Carson
E1 Segundo
Gardena
Hawthorne
Hermosa Beach
Inglewood
Lawndale
Lomita
Los Angeles (15th Council
District Representative)
Manhattan Beach
Palos Verdes Estates
Rancho Palos Verdes
Redondo Beach
Rolling Hills
Rolling Hills Estates
Torrance
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EXHIBIT B
[List of Member Agencies in South Bay Corridor JPAJ
Carson
E1Segundo
Gardena
Hawthorne
Hermosa Beach
Inglewood
Lawndale
Lomita
City of Los Angeles
Manhattan Beach
Palos Verdes Estates
Rancho Palos Verdes
Redondo Beach
Rolling Hills
Rolling Hills Estates
Torrance
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05/28/98 u 0 � 1 I
EXHIBIT C
[List of Eligible Public Entities]
Carson
Manhattan Beach
El Segundo
Palos Verdes Estates
Gardena
Rancho Palos Verdes
Hawthorne
Redondo Beach
Hermosa Beach
Rolling Hills
Inglewood
Rolling Hills Estates
Lawndale
Torrance
Lomita
County of Los Angeles
Los Angeles (15th Council
District Representative)
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05/28/98
EL SEG NDO CITY COUNCIL MEETING DATE: July 7, 1998
AGENDA ITEM STATEMENT AGENDA HEADING: Consent Calendar
AGENDA DESCRIPTION:
Proposed Resolutions 1) establishing Executive Management and Mid - Management salary adjustments for Fiscal
Year 1998 -99 and 2) establishing new salary ranges for designated General Employee, Supervisory and
Professional Employee, Mid- Management/Confidential Employee and part -time job classifications. Fiscal Impact:
$141,157 annualized total compensation cost for the salary increases ranging from 2% to 6 %. Funding for the
changes is contained in the 1998 -99 Fiscal Year Operating Budget.
RECOMMENDED COUNCIL ACTION:
Adopt Resolutions
INTRODUCTION AND BACKGROUND:
Executive Management and Mid- Management/confidential job classifications are reviewed periodically by the City
Council for possible salary and /or benefit adjustments. The last salary adjustments received by these employees
ranged from 2% to 7 %, effective July 5, 1997.
The City's 1998/99 Fiscal Year operating budget reflects a number of classification and /or salary range changes
designed to more accurately reflect the nature and level of position's assigned duties and responsibilities.
DISCUSSION:
Adoption of the attached Resolution establishing management salary adjustments would provide for the following:
Salary range adjustment of 6% for Police Chief, Human Resources Secretary and Payroll Specialist.
2. Salary range adjustment of 5% for Director of Economic Development, Director of Recreation & Parks,
Assistant Finance Director, Accounting Manager, Principal Librarian, Senior Librarian, Executive
Assistant, Deputy City Clerk and Deputy City Treasurer.
- CONTINUED ON NEXT PAGE -
ATTACHED SUPPORTING DOCUMENTS:
Resolutions
FISCAL IMPACT:
(Check one) Operating Budget: X Capital Improv. Budget:
Amount Requested:
Project/Account Budget:
Project/Account Balance: Date:
Account Number:
Project Phase:
Appropriation Required - Yes_ No X
ORIGINATED: Date: July 1, 1998
Bob Hyland, Director of Human Resources sk Management
REVIEWED BY: Date:
%/ / ( i
./� James . Mg�rison, City Man
ACTION TAKEN:
agenda.284
iJ 01"
- CONTINUED FROM FIRST PAGE -
Salary range adjustment of 4.27% for Fire Battalion Chief.
4. Salary range adjustment of 4% for Director of Public Works, Police Captain (w/ Masters Degree) City
Engineer, Police Lieutenant (w/ Masters Degree), General Services Manager, Recreation Superintendent,
Park Maintenance Superintendent and Senior Plans Examiner.
5. Salary range adjustment of 3% for Police Captain, Police Lieutenant, and Senior Human Resources Analyst.
6. Salary range adjustment of 2% for Fire Chief, Director of Finance, Director of Planning & Building Safety,
Director of Human Resources, Library Director, Senior Planner, Airport Projects Administrator, and Council
Assistant.
Adoption of the proposed Resolution establihsing new salary ranges would establish new salary ranges for fourteen
full -time and part-time job classifications. The effective date of the salary adjustments is July 4, 1998.
&Wda.284
')3�
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
EL SEGUNDO, CALIFORNIA, PROVIDING FOR CHANGES TO CHAPTER 1A2
(MANAGEMENT - CONFIDENTIAL SERIES) OF THE
EL SEGUNDO ADMINISTRATIVE CODE
WHEREAS, Executive Management and Mid- Management/Confidential level positions are reviewed from time
to time by the City Council for possible adjustments to salaries and /or benefits;
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of El Segundo, California as follows:
Section 1. Sections 1A2.000 and 1A2.010 of the El Segundo Administrative Code, entitled "Schedule
of Classes by Series" and "Basic Salary Schedule" respectively, shall be modified to reflect, effective July 4,
1998, salary range adjustments as follows:
1. Salary range adjustment of 6% for Police Chief, Human Resources Secretary and Payroll Specialist.
2. Salary range adjustment of 5% for Director of Economic Development, Director of Recreation &
Parks, Assistant Finance Director, Accounting Manager, Principal Librarian, Senior Librarian,
Executive Assistant, Deputy City Clerk and Deputy City Treasurer.
3. Salary range adjustment of 4.27% for Fire Battalion Chief.
4. Salary range adjustment of 4% for Director of Public Works, Police Captain (w/ Masters Degree) City
Engineer, Police Lieutenant (w/ Masters Degree), General Services Manager, Recreation
Superintendent, Park Maintenance Superintendent and Senior Plans Examiner.
5. Salary range adjustment of 3% for Police Captain, Police Lieutenant, and Senior Human Resources
Analyst,
6. Salary range adjustment of 2% for Fire Chief, Director of Finance, Director of Planning & Building
Safety, Director of Human Resources, Library Director, Senior Planner, Airport Projects Administrator,
and Council Assistant.
Section 2. The City Clerk shall certify to the passage and adoption of this Resolution; shall enter the
same in the book of original Resolutions of said City; and shall make a minute of the passage and adoption
thereof in the records of the proceedings of the City Council of said City, in the minutes of the meeting at
which the same is passed and adopted.
PASSED, APPROVED AND ADOPTED this 7th day of July 1998.
Mike Gordon, Mayor of the
City of El Segundo, California
ATTEST:
Cindy Mortesen,
City Clerk (SEAL)
APPROVED AS TO FORM:
Mark D. Hensley,
City Attorney
resftryngt O � 9
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
EL SEGUNDO, CALIFORNIA, ESTABLISHING SALARY
RANGES FOR DESIGNATED GENERAL EMPLOYEES,
SUPERVISORY AND PROFESSIONAL EMPLOYEES AND
MID - MANAGEMENT /CONFIDENTIAL JOB CLASSIFICATION
The City Council of the City of El Segundo does hereby resolve, declare, determine and order as follows:
Section 1. That the City Council approves the establishment of the following salary ranges and
hourly rates of pay for the job classifications of:
L EMPLOY
Field Office Coordinator
Range 47 ($2734 - $3321 /month)
Community Cable Production Assistant
Range 25 ($2207 - $2681 /month)
Crime Scene Investigator II
Range 68 ($3353 - $4074 /month)
Crime Prevention Specialist II
Range 63 ($3194 - $3880 /month)
Water/Wastewater Operations Technician
Range 23 ($2165 - $2629 /month)
SUPERVISORY AND PROFESSIONAL EMPLOYEES
Technical Services Manager $4448 - $5403 /month
MID - MANAGEMENT /CONFIDENTIAL EMPLOYEES
Executive Assistant to the City Manager $3806 - $4624 /month
Business Services Manager $4716 - $5733 /month
LOYEE
Rangemaster
$20.00 /hour
Stea I
Steil
Step III
Crossing Guard
$7.10 /hour
$7.81 /hour
$8.98 /hour
Recreation Specialist III
$11.69 /hour
$12.51 /hour
$13.40 /hour
Playback Operator
$5.75 /hour
$6.27 /hour
$6.90 /hour
Video Specialist I
$7.05 /hour
$7.76 /hour
$8.54 /hour
Video Specialist II
$8.56 /hour
$9.42 /hour
$10.36 /hour
��0 282
Section 2. The City Clerk shall certify to the passage and adoption of this resolution; shall enter the same in the book
of original resolutions of said City; and shall make a minute of the passage and adoption thereof in the records of the
proceedings of the City Council of said City, in the minutes of the meeting at which the same is passed and adopted.
PASSED, APPROVED AND ADOPTED this 7th day of July 1998.
Mike Gordon, Mayor of the
City of El Segundo, California
ATTESTED:
Cindy Mortesen,
City Clerk (SEAL)
APPROVED AS TO FORM:
Mark D. Hensley,
City Attorney
rtES.sutr.069
�1�
EL SEGUNDO CITY COUNCIL MEETING DATE: July 7, 1998
AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Adoption of plans and specifications for sidewalk replacement, handicapped access ramps and new sidewalks
on northside of Grand Avenue, between Illinois Street and Sepulveda Boulevard - Project No. PW 97 -26
(estimated cost - $75,000.00).
RECOMMENDED COUNCIL ACTION:
Adopt plans and specifications and authorize staff to advertise the project for construction bids.
INTRODUCTION AND BACKGROUND:
The adopted fiscal year 1997 -98 Capital Improvement Program includes the following projects:
Replacement of Sidewalks at Various Locations -
The purpose of this project is to remove and replace parkway tree root damaged /uplifted sidewalks.
2. Installation of Handicapped Access Ramps -
The purpose of this project is to install curb cut/handicapped access ramps at locations requested by
residents and in the vicinity of public facilities.
3. Installation of New Sidewalks on the northside of Grand Avenue, between Illinois Street and Sepulveda
Boulevard -
This area is currently unpaved. A paved sidewalk was requested by a resident to provide pedestrian
access to Sepulveda Boulevard from the residential area west of Illinois Street.
DISCUSSION:
For bidding purposes, staff has combined the three (3) projects into a single set of plans and specifications.
The total estimated cost of the project, including design, inspection costs and construction contingencies is
$75,000.00
Staff is requesting City Council adoption of plans and specifications and authorization to advertise the project
for receipt of construction bids.
ATTACHED SUPPORTING DOCUMENTS:
Location map.
FISCAL IMPACT:
Operating Budget:
Capital Improvement Budget:
Amount Requested:
ProjecVAccount Budget:
Project/Account Balance:
Account Number:
Project Phase:
Appropriation Required:
$75.000.00
$110.000.00
$105.000.00 Date: June 25. 1998
106 -400- 8203 - 8604.8562 and 114 -400- 8203 -8972
Ado tip 'on of plans and specifications
No
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EL SEGUNDO CITY COUNCIL MEETING DATE: July 7, 1998
AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Request for proposals from qualified consultants to perform a space utilization study for the El Segundo City
Hall.
RECOMMENDED COUNCIL ACTION:
Authorize staff to solicit proposals from qualified consultants.
INTRODUCTION AND BACKGROUND:
The adopted fiscal year 1998 -1999 Capital Improvement Program includes a project to perform a space
utilization study for the El Segundo Civic Center. On June 16, 1998, the City Council authorized staff to proceed
with the study for the City Hall.
DISCUSSION:
Staff has developed the enclosed request for proposals from qualified consultants. The proposed scope of
the study includes discussions with impacted Departments and to develop recommendations for the best
utilization of the floor space within the foot print of the existing City Hall in order to improve service to the
community and to achieve operational efficiency for City staff.
Staff is requesting City Council authorization to solicit proposals from qualified consultants. Staff
recommendation for the consultant to be retained will be submitted to the City Council for approval.
ATTACHED SUPPORTING DOCUMENTS:
Draft Request for Proposal.
FISCAL IMPACT:
Operating Budget:
Capital Improvement Budget:
Amount Requested:
Project/Account Budget:
Project/Account Balance:
Account Number:
Project Phase:
Appropriation Required:
No
Yes
$30.000.00
$30.000.00
$30.000.00 Date: June 24. 1998
N: \C0UNCIL\PW- JUL07.02 (Thursday 6/30/98 11:00 AM)
- -- DRAFT - --
DATE July 8, 1998
TO
SUBJECT . El Segundo City Hall Space Utilization Study
Dear
The City of El Segundo is requesting proposals for professional architectural /space
planning services from qualified consultants to perform a space utilization study for the El
Segundo City Hall at 350 Main Street.
The current City Hall was built originally in 1955 and remodeled in 1975. It consists of a
single story building approximately 17,000 S.F. and two (2) basements totaling
approximately 8,200 S.F. The City Attorney's office, community cable television control
room and part of the Finance Department's staff is temporarily located in the basement.
The remainder of the basement area is used for storage and other miscellaneous
purposes.
For assisting architects interested in submitting a proposal, a tour of the City Hall Facility
is scheduled at:
9:00 A.M. on Wednesday, August 5, 1998
Note: Meeting to begin in the lobby adjacent
to the City Hall Council Chambers
The scope of the required services generally includes the following:
(a) Intent of the Study
There is a general feeling that the existing City Hall usage is not the most efficient
and effective usage of the existing floor space. The Finance Department, for
example, has staff at three (3) different locations of the City Hall. There is a
shortage of conference room space. Currently there is only one (1) to hold
meetings involving City staff, general public, private developers and other City
N:\RFP'S \SPACE.RFP (6/30/98) --- DRAFT ---
,'0?,..
� >.
- -- DRAFT - --
meetings. The public counter (one stop permitting) currently serves three (3)
Departments and needs to be evaluated as part of the study. The City is of the
opinion that by performing a space utilization study and by implementing its
recommendations, the City can provide better service to the community and achieve
operational efficiency for the City staff.
The City does not intend to expand its current floor plan and the study
recommendations should be within the existing City Hall foot print. Consideration
has been given to removing the existing fixed seating in the City Council Chambers
to create a more flexible room with movable chairs and tables.
(b) Assessment of Existing Building
Architect shall meet with each of the following Departments whose staff currently
occupy the City Hall.
(1) Public Works - Engineering Division - (6)
(2) Planning and Building Safety - (18)
(3) Finance - (15)
(4) Human Resources - (5)
(5) Economic Development - (2)
(6) City Attorney - (1), City Clerk - (3) and City Treasurer - (3)
(7) City Manager - (3)
(8) City Council - (5)
Council Secretary - (1)
The numbers shown in ( ) represent number of positions in each Department per
the adopted City Budget. Additionally the City, on a need basis, retains part-time
staff who need office space during working hours. In addition, the City Hall also
includes the City Council Chamber and a conference room.
Pursuant to discussions with the Departments and an evaluation of existing space
designated for their use, a plan of action for implementation of the study should be
N:\RFP'S \SPACE.RFP (6/30/96) --- DRAFT "mm
0'8
M BILL\ 21M
developed. The evaluation should take into consideration current and future
staffing levels, the Department's operational needs, and office
furnishings /equipment. A written report shall be submitted to the City at the
conclusion of this phase.
(c) Space Utilization Study
After receiving approval for the evaluation report by the City, architect shall perform
a more detailed study and develop specific recommendations for implementation.
The study should include:
1. Recommended space allocation for each Department.
2. Recommended work space layouts.
3. Furniture suggestions and layouts.
4. Recommended layout for the public counter and an informational area
in the public lobby.
5. Engineering evaluation of the building (relocation of bearing walls for
example) and include conceptual floor plan layouts for consideration
by the City and a cost estimate for the construction of the proposed
recommendations.
(d) Meetings
In addition to the above stated Departmental meetings, include at least (4) public
City Council /Planning Commission meetings that take place on weekday evenings.
(e) American With Disabilities (ADA) Compliance
The study recommendations shall comply with ADA and California Title 24
requirements for the disabled.
The proposals, at a minimum, should include the following information:
1. Architect's understanding of the project and a description of how the
architect will approach the project.
N:\RFP'S\.S PACE. RFP (6/30198) --- DRAFT---
- -- DRAFT - --
2. Architect's qualifications and prior recent experience as the architect of
record in completing space utilization studies and in particular for
governmental agencies, of a similar nature and scope with names and
telephone numbers of references who can be contacted. Architect must be
properly licensed in the State of California to perform this type of work.
3. Architect's project team, including name of project manager, and sub -
consultants to be retained by the architect.
4. Scope of Services to be provided with a breakdown of different tasks.
5. Architect's estimated fee for the project (including costs of sub - consultants)
with breakdown of hours and costs for each of the phases. The fee shall be
based on architect's employee rate schedule with a not to exceed amount
including the cost for meeting attendance, mileage, and reproduction costs.
Please submit employee rate schedule with the proposal. Architect's fee will
not be used as the sole basis for the selection, however will be a factor for
consideration to select between architect's of equal qualifications.
6. Proposed time frame to provide the services starting from the date of receipt
of a Notice to Proceed from the City. A short time frame to perform the
services is highly desirable.
7. A statement that consultant is agreeable to execute the enclosed City -
Architect agreement, to provide proof of insurance as noted in the
agreement and to obtain and maintain a City Business License for the
duration of the architect's services.
Selection Process
All received proposals will be reviewed by City staff responsible to the City Manager. The
top rated architects may be requested to come to an interview with City staff which will
make the final recommendation for consideration by the City Council.
An original and three (3) copies of your proposal (facsimile copies of the proposals will not
be accepted) should be submitted by:
5:00 P.M. on Monday, August 24, 1998
to the attention of:
N:\RFP'S \SPACE.RFP (6/30/98) - -- DRAFT - --
oV.- �
MO]:7_ «IM
Mr. Bellur K. Devaraj
City Engineer
Public Works Department
City of El Segundo
350 Main Street
El Segundo, CA 90245
Telephone: (310) 322 -4670
Extension 231
Sincerely,
Bellur K. Devaraj
City Engineer
BKD:dr
N:\RFP'S\SPACE.RFP (6/30/98) '° DRAFT---
'J �
EL SEGUNDO CITY COUNCIL MEETING DATE: July 7, 1998
AGENDA ITEM STATEMENT AGENDA HEADING: New Business -City Manager
AGENDA DESCRIPTION:
New Alcoholic Beverage Control (ABC) license for alcohol sales of beer and wine for off -site consumption
(Type 20- Off -Sale Beer & Wine) at a new Mobil gas station convenience store at 765 North Sepulveda
Boulevard. (ABC 98 -4) Applicant: Mario Sistos - Mobil Oil Corporation.
RECOMMENDED COUNCIL ACTION:
Determine whether or not the public convenience or necessity would be served by the issuance of the ABC
license, and provide input to the Director of Planning and Building Safety on the pending Administrative Use
Permit (AUP 98 -5 /EA -441) for alcohol sales at the new Mobil gas station convenience store.
INTRODUCTION AND BACKGROUND:
At its April 4, 1995 meeting, the City Council directed staff to bring all ABC license requests to them for review.
On May 7, 1998, the Council directed the Police Department only, not the City council, to review ownership
transfer requests. On April 22, 1998, the Planning Division received an Administrative Use Permit application
requesting alcohol sales (beer and wine only) for off -site consumption at the above - mentioned (new) Mobil
gas station convenience store.
Pursuant to Sections 23958 and 23958.4 of the State of California Business and Professions Code, the
Department of Alcoholic Beverage Control (ABC) shall deny an application for a license if the issuance of the
license would tend to create a law enforcement problem or if the issuance would result in or add to an "undue
concentration" of licenses, unless the local governing body (i.e., City Council) makes the determination that
public convenience or necessity would be served by the issuance of the license. For this license request (off -
sale retail license), an "undue concentration" would apply if the applicant's premises is located within a crime
reporting district that has a 20 percent greater number of reported crimes than the City average or if the ratio
of off -sale retail licenses -to- population in the census tract which the applicant's premises is located, exceeds
the ratio of off -sale retail licenses -to- population in the County.
ATTACHED SUPPORTING DOCUMENTS:
1) City of El Segundo ABC Licenses Counted Towards "Undue Concentration" Calculations - Prepared
June 23, 1998, by the Planning Division.
2) 1997 ABC Crime and Arrest Statistics by Reporting District (RD) and RD Map - prepared by Police
Records Division.
3) Assembly Bill No. 2897 - Business and Professions Code Section 23958.4.
4) Assembly Bill No. 2742 - Business and Professions Code Sections 23987, 24013, 24200 and 25612.5.
FISCAL IMPACT:
(Check one) Operating Budget: Capital Improv. Budget:
NONE Amount Requested:
Project/Account Budget:
Project/Account Balance: Date:
Account Number:
Project Phase:
Appropriation Required - Yes_ No_
ORIGINATED:
Bret . Ber r IC
i Gri on ieV
REVIEWED BY:
James W. Morrison, C
ACTION TAKEN:
lice
ing and Building Safety
ti
Date: June 30, 1998
Date:
Date: 7/"?/ 7-r
projects/ea -441 /ea441.ais
(;Q?9;'
EA -441/ AUP 98 -5
City Council Staff Report
July 7, 1998
DISCUSSION:
According to the most recent ABC Crime and Arrests Statistics prepared by the Police Department, the
subject site is located in Reporting District (RD)207, and in 1997 this District had a total of 58 Part I crime and
arrests, which was 61 % higher than the City average. The Police Department does not object to the issuance
of this license as they are not aware of any unusual criminval activity in the area surrounding the store.
Additionally, a review of criminal activity at the subject site disclosed only one felony incident; a grand theft
of property from an unsecured vehicle. The project site is located in Census Tract 6200 and using the 1990
census data, this tract has a population of 6799. Based on the most current data from the ABC, there are 6
Off -Sale (Type 20 and Type 21) licenses in this census tract for a license -to- population ratio of 1:1133.
Likewise, the LA County average is also 6 licenses with the same license -to- population ratio. However, with
the potential issuance of this off -sale license request and another off -sale license request approved recently
for a Chevron gas station convenience store located at 601 South Vista del Mar, the ratio of license -to-
population for this census tract would increase to 1:850, since there would be a new total of 8 off -sale licenses
for this Census tract. This means that there would be an "undue concentration" of licenses for this Census
tract in relation to the population, compared to the Los Angeles County average. Thus, because there would
be an undue concentration of crime as well as licenses in the area where the applicant's premises is located,
the City Council must make the determination that the public convenience or necessity would be served by
the issuance of this license, or else the ABC cannot issue the license.
The proposed use is located in the General Commercial (C -3) Zone, and the retail sales of alcohol for off -site
consumption is considered an accessory use which requires approval of an Administrative Use Permit (AUP).
Approval of an AUP requires that findings be made to ensure the use is compatible with the site and
surrounding uses, is consistent with the Zone, is not detrimental to the public health, safety and welfare, any
potential impacts are compensated and an ABC license is issued. The applicant has applied for an AUP to
allow off -site alcohol sales in accordance with Sections Nos. 20.33.030 (B) and 20.72 of the El Segundo
Municipal Code. Currently Section No. 20.72 allows the Director of Planning and Building Safety to make
decisions on AUP's and the Planning Commission Receives and Files the decision. There are two
establishments within 300 feet of the subject site that currently have alcohol licenses, however these are Type
41 (On-Sale Beer & Wine Eating Place) and Type 47 (On -Sale General Eating Place), which are for on -site
consumption only. The applicant has indicated that the proposed hours for alcohol sales are Monday through
Sunday, 7 AM to 11 PM. The new convenience store would be open 24 hours and it will have two in -store
take -out restaurants (Vie de France and TCBY frozen yogurt).
It is important to note that the ABC review is a completely separate review process from the City's AUP
process, with mandatory findings that are regulated by the State Department of Alcoholic Beverage Control.
The ABC runs complete background checks on all applicants, as well as conducting site inspections, prior to
issuance of any type of license.
P:Projects/ea -441 /ea441.ais
i .)
em 09 Ed 550maa
City's ABC Licenses
Counted Toward "Undue Concentration" Calculations
(Using 1990 Census Data)
Census Tract 6200 6201
East of Sheldon West of Sheldon - North of El Segundo
Population 6799 8426
On -Sale 1:971 1:1053
County Average 7 Licenses 8 Licenses
On -Sale 1:378 1:421
El Segundo Ratio 18 Licenses- 20 Licenses - "undue concentration"
"undue concentration"
Off -Sale 1:1133 1:1204
County Average 6 Licenses 7 Licenses
Off-Sale 1:850 1:1685
El Segundo Ratio 8 Licenses - 5 Licenses - rQ "undue concentration"
"undue concentration " **
** [Includes new Mobil convenience store at 765 North Sepulveda Boulevard (subject application) and
new Chevron convenience store at 601 South Vista del Mar (recently approved) - both Type 20
licenses]
P: projects/ea- 434 /ea441- abc.cal
Update 6/25/98
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CITY OF EL SEGUNDO
CITY MAP
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Types of Alcoholic Beverage Control (ABC) Licenses
Counted Toward "Undue Concentration" Calculations
License
Type
Number
of Licenses
Type 41
18
On -Sale Beer and Wine Eating Place - Restaurant
Operation. Minors Permitted.
Type 42
3
On -Sale Beer and Wine Public Premises - Food not
required. Minors Not Permitted.
Type 47
13
On -Sale General Bona Fide Eating Place - Restaurant
operation. Beer, Wine and Distilled Spirits. Minors
Permitted.
Type 48
1
On -Sale General Public Premises - Cocktail Lounge.
Minors Not Permitted.
Type 51
1
Club - Veterans or Other.
Type 57
1
Club - Entertainment Allowed
Type 70
1
General Restrictive - Hotel
TOTAL
3$
License Number
Type of Licenses
Type 20 6 Off -Sale Beer and Wine
Type 21 6 Off -Sale General - Beer, Wine and Distilled Spirits
TOTAL 12
(Does not includes new proposed Mobil Convenience store at 765 N. Sepulveda Boulevard,
Type -20 License)
P:projects/ea- 434 /ea434abc.cal
Update: 6/25/98
0 0'_95
a -t � C's
ABC CRIME AND ARREST STATISTICS
BY REPORTING DISTRICTS (RD)
1997
101
59
17
76
102
62
20
82
103
61
06
67
104
40
12
52
105
02
09
11
106
24
05
29
107
73
18
91
108
29
24
53
109
13
06
19
110
16
08
24
111
16
19
35
112
35
20
55
113
35
18
53
114
10
21
31
115
15
02
17
116
01
06
07
201
22
06
28
202
18
10
28
203
16
04
20
204
19
09
28
205
30
08
38
206
23
06
29
207
40
18
58
208
27
06
33
209
51
15
66
210
55
18
73
PERCENT
111
128
86
44
-69
-19
153
47
-47
-33
-03
53
47
-14
-53
-81
-22
-22
-44
-22
06
-19
61
-08
83
102
)0���0
Number of Reporting Districts = 52
Average # of Part I Crimes per Reporting District = 26
Average # of Arrests per Reporting District = 10
Average # of Crimes and Arrests per Reporting District = 36
211
24
04
28
-22
212
38
15
53
47
301
29
28
57
58
302
28
01
29
-19
303
18
21
39
08
304
06
04
10
-72
305
18
03
21
-42
306
24
02
26
-28
307
03
00
03
-92
308
43
12
55
53
309
19
03
22
-39
310
12
00
12
-67
311
35
07
42
17
312
05
00
05
-86
313
04
00
04
-89
314
60
31
91
153
315
05
08
13
-64
316
10
01
11
-69
317
35
14
49
36
318
27
15
42
17
319
82
23
105
192
320
12
05
17
-53
321
06
01
07
-81
322
11
01
12
-67
323
06
06
12
-67
324
05
08
13
-64
TOTALS
1357
524
1881
Number of Reporting Districts = 52
Average # of Part I Crimes per Reporting District = 26
Average # of Arrests per Reporting District = 10
Average # of Crimes and Arrests per Reporting District = 36
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Assembly Bill No. 200
, -0
. ,
An act to amend Section 23958 of, and to add Section 23958.4 to,
the Business and Professions Code, relating to alcoholic beverages.
(ApprvvM by Cover= sep etemba 19,199C F&W with
secretary ci Ststa Ss tember a 19K)
LECISI.ATIVE COUNSELS DIGEST
AB 2897, Caldera. Alcoholic beverages: retail licenses: undue
concentration.
Existing law provides that the Department of Alcoholic Beverage
Control may deny an application for a license if the issuance would,
among other things, result in or add to an undue concentration of
licenses, and the applicant fails to show that public convenience or
necessity would be served by the issuance. Frosting regulatory law
defines "undue concentration" with regard to applications for
on -sale and off -sate retail licenses.
This bill would instead require the Department of Alcoholic
Beverage Control to deny an application if issuance would tend to
create a law enforcement problem, or would result in or add to an
undue concentration of licenses. The bill would change the
definition of undue concentration, and would provide that,
notwithstanding the requirement that the department deny an
application that would result in or add to an undue concentration of
licenses, a license may be issued with respect to a nonretail license,
a retail on -sale bona fide eating place license, a retail license issued
for a hotel, motel, or other lodging establishment, as defined, a retail
license issued in conjunction with a beer manufacturer's license, or
a winegrower's license, if the applicant shows that public
convenience or necessity would be served by the issuance, and with
respect to any other license, if the local governing body of the area
in which the applicant premises are located determines that public
convenience or necessity would be served by the issuance.
The people of the State of California do enact as follows:
SECTION 1. Section 23958 of the Business and Professions Code
is amended to read:
23958. Upon receipt of an application for a license or for a transfer
of a license and the applicable fee, the department shall make a
thorough investigation to determine whether the applicant and the
premises for which a license is applied qualify for a license and
whether the provisions of this division have been complied with, and
shall investigate all matters connected therewith which may affect
the public welfare and morals. The department shall deny an
94 110
n "1
bFl.
Ch. 630 —2—
application for a license or for a transfer of a license if either the
applicant or the premises for which a license is applied do not qualify
for a license under this division.
The department further shall deny an application for a license if
issuance of that license would tend to create a law enforcement
problem, or if issuance would result in or add to an undue
concentration of licenses, except as provided in Section 239438.4.
SEC. 2. Section 23958.4 is added to the Business and Professions
Code, to read
23958.4. (a) For purposes of Section 23958, "undue
concentration" means the applicant premises for an origi�i "or' r
premises -to- premises transfer of any retail license are located in an
area where any of the following conditions exist:
(1) The applicant premises are located in a crime reporting
district that has a 20 as
defined in subdivWon (c), than the average number of reported
crimes as determined from all crime reporting districts within the
jurisdiction of the local law enforcement agency.
(2) As to on -sale retail license applications, the ratio of on -sale
retail licenses to g2vulAMM in the census tract or census division, in—
which the applicant premises are located exceeds the ratio of on -sale
retail licenses to nonulation in the count,► in ,d% . �.,., :..e...
(3) As to off -sale retail license applications, the ratio of off-sale
retail licenses to povulatipjLin the census tract or census division in
%VWch Me app cant premises are located exceeds the ratio of off-sale
gib) Notwithstanding Section 23958. the department may issue a
license as follows:
(1) With respect to a nonretail license, a retail on -sale bona fide
eating place license, a retail license issued for a hotel, motel, or other
lodging establishment, as defined in subdivision (b) of Section
25,303.16, a retail license issued in cogjunction with a beer
manufacturer's license, or a winegrower's license, if the applicant
shows that public convenience or necessity would be served by the
issuance.
(2) With respect to any other license, if the local governing body
of the area in which the applicant premises are located determines
that public convenience or necessity would be served by the
issuance.
(c) For purposes of this section, the following definitions shall
apply.
(1) ..Reporting districts" means geographical areas within the
boundaries of a single governmental emity (city or the
unincorporated area of a county), that are identified by the local law
enforcement agency in the compilation and maintenance of
statistical information on reported crimes and arrests.
N 140 (,C30C'
-3— Ch. 630
(2) "Reported crimes" means the most recent yearly compilation
by the local law enforcement agency of reported offenses of criminal
homicide, forcible rape, robbery, aggravated assault, burglary,
larceny theft, and motor vehicle theft, combined with all arrests for
other crimes, both felonies and misdemeanors, except traric
citations.
(3) "Population within the census tract or census division" means
the population as determined by the most recent United States
decennial or special census. The population determination shall not
operate to prevent an applicant from establishing that an increase of
resident population has occurred within the census tract or cen sus
division.
(4) "Population in the county" shall be determined by the annual
population estimate for California counties published by the
Population Research Unit of the Department of Fiu ana c e.
(5) "Retail licenses" shall include the following:
(A) Off -sale retail licenses: Type 20 (off -sale beer and wine) and
Type 21 (off -sale general) .
(B) On -sale retail licenses: All retail on -sale licenses, except Type
43 (on -sale beer and wine for train), Type 44 (on -sale beer and wine
for fishing party boat), Type 45 (on -sale beer and wine for boat),
Type 46 (on -sale beer and wine for airplane), Type 53 (on -sale
general for train and sleeping car), Type 54 (on -sale general for
boat), Type 55 (on -sale general for airplane), Type 56 (on -sale
general for vessels of more than 1,000 tons burden), and Type 62
(on -sale general bona fide public eating place intermittent dockside
license for vessels of more than 15,000 tons displacement) .
(6) A "premises to premises transfer" refers to each license being
separate and distinct and transferable upon . approval of the
department.
(d) For purposes of this section, the number of retail licenses in
the county shall be determined by the most recent yearly retail
license count published by the department in its Procedure Manual.
(e) The enactment of this section shall not affect any existing
rights of any holder of a retail license issued prior to April 29,199$
whose premises were destroyed or rendered unusable as a result of
the civil disturbances occurring in Los Angeles from April 29 to May
2, 1992, to reopen and operate those licensed premises.
(f) This section shall not apply where the premises have been
licensed and operated with the same type license within 90 days of
the application.
94 IN
�C3u1
. 11
In bill text, brackets special meaning:
[A> <A] contains added text, and
[D> <D] contains deleted text.
California 1993 -94 Regular Session
Enacted -
ASSEMBLY BILL No. 2742
CHAPTER 629
Lee
An act to amend Sections 239870 24013, and 24200 of, and to add
Section 25612.5 to, the Business and Professions Code, relating to
alcoholic beverages.
[Approved by Governor September 19, 1994. Filed with
Secretary of State September 20, 1994.1
LEGISLATIVE COUNSEL'S DIGEST
AB 2742, Lee. Alcoholic.beverages.
F Existing law requires the Department of Alcoholic Beverage Control
otify the appropriate sheriff, chief of police, district attorney,
legislative body of an s lication e
or license, and proh a Department of Alcoholic Beverage
ontroi from issuing or transferring a license until at least 30 days
, After these notices are provided.
This bill would reguire the
to also f the license or
icense transfer application, and would allow any local law enforcement
agency that is so notified to requegt.An extensionof the 30 -day waiting
period for a period not to excee an additional 20 days.
Existing law provides that Protests against the issuance of a liquor
license may be filed with the Department of Alcoholic Beverage Control,
as specified. Existing law permits the department to reject protests it
determines to be false, vexatious, or without reasonable or probable
cause, and permits a protestant whose protest has been rejected to file
an accusation with the department, as specified.
This bill would r ire Alcoholic Bev
Control,, if, after O-Ve-stigation,, it recommends-that a license be issued
9551—wriMstanding a protest by a public agency, a public official, or the
governing body of a city or county, to rn e aoanev, official, or
governing body in writing of its determination and the reasons therefor,
in conjunction 'wi a notice of hearing provided to the protestant, as
specified.
Existing law establishes various matters, including a licensee's
failure to take reasonable steps to correct a nuisance on the licensed
premises or other immediate areas within a reasonable time after receipt
of a notice pursuant to a specified statute, as grounds for the
,03:x,?
suspension or revocation a liquor license. ./'.' •
This bill would, as provided, establish a licensees failure, within
a reasonable time after specified notice, to take reasonable steps to
correct objectionable conditions that occur during business hours on any
public sidewalk abutting a licensed premises, as an additional ground
for revocation or suspension of a liquor license, except with respect to
certain specified licenses.
Existing law establishes certain regulatory requirements with
respect to alcoholic beverages, and provides that the violation of any
of those requirements shall be punished as a misdemeanor, unless
otherwise provided.
This bill would establish certain general operating standards that
are applicable, as provided, to the licensed premises of certain
retailers of alcoholic beverages, the violation of which would be
punishable as a misdemeanor. By creating a new crime, this bill would
establish a state - mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
The people of the State of California do enact as follows: .
SECTION 1. Section 23987 of the Business and Professions Code is
amended to read:
23987. Upon the gWJLJRJ by the deggrtment of an oricfiniLL
applic for any license or an application for trAnsfer of any
cense, written notice thereof, consisting of a copy of the
application, shall imediately be zafla& by the department to the
sheriff, chie o c d district attorney of the locality in which
the premises are si uated, to the city or coupty n1annt director ,
whoever has jurisdiction, the bo o supery sore of the county in
which the premises are situated, if in unincorporated territory, and to
the city council or other governing body of the city in which the
premises are situated, if within an incorporated area.
_No licen Naha 1 be issued or transferred by the department until at
leas days after the mailing by the department of the notices
required by this section. The department may extend the 0 -da period
-
specified in the preceding sentence for a per___ not to ex ee an
additional 20 asv =, upon the written request of any local law
enforcement agency that states proper grounds for extension. Proper
grounds for extension are limited to the requesting agency or official
being in the process of preparing either a protest or proposed
conditions with respect to the issuance or transfer of a license.
..
SEC. 2. Section 24013 of the Business and Professions Code is
amended to read:
24013. (a) Protests maX be filed pt any office of the department at
any time within"
_ ays from the first date of posting the notice of
MMMMMX�
�� lu � ?
n
^0987 . RC0
intention
,or within
23985.5,
. •400
uctooer
`
to engage in th t, ale
30 days of the mailing
+hich•ver is later.
16, 1994 rayr o-J
of alcoholic beveragat the premises,
of the notification pursuant to Section
(b) The de reject protests except a
ublic a nc or public official or protests macke by the governing 563y
or y or county, if it determines the protests are false, vexatious,
or without reasonable or probable cause at any time before hearing
governing body of a city or county, the evartment shall not if v the
a official, or governing body n wr and
• reasons therefor, in conjunction—w—ith the notice of hearing provided
to the protestant pursuant to Section 11509 of the Government Code.ai
the d1partment rejects a protest as provided in this section and issues
a license,_ a nrotegtA= whose protest has been rejected mX. Hit hisI to
Cays a er the issuance of the license, flao an w th the
department alleging the grounds of protest as -a cause for revocation of
the license and the dlyart ent shall hold a hearin as provided in
Chapter 5 (commencing with Section 11500) of P of Division 3 of
Title 2 of the Government Code.
(c) Nothing in this section shall be construed as prohibiting or
restricting any right which the individual making the protest might have
to a judicial proceeding.
SEC. 3. Section 24200 of the Business and Professions Code is
amended to read:
24200. The following are the grounds that constitute a basis for
the suspension or revocation of licenses:
(a) When the continuance of a license would bectontrary to public
welfare or morals. However, proceedings under this subdivision are not a
limitation upon the departments authority to proceed under Section 22
of Article XX of the California Constitution.
(b) Except as limited by Chapter 11 (commencing with Section 24850)
and Chapter 12 (commencing with Section 25000), the violation or the
causing or the permitting of a violation by a licensee of this division,
any rules of the board adopted pursuant to Part 14 (commencing with
Section 32001) of Division 2 of the Revenue and Taxation Code, or any
rules of the department adopted pursuant to the provisions of this
division, or any other penal provisions of law of this state prohibiting
or regulating the sale, exposing for sale, use, possession, giving away,
adulteration, dilution, misbranding, or mislabeling of alcoholic
beverages or intoxicating liquors.
(c) The misrepresentation of a material fact by an applicant in
obtaining a license.
(d) The plea, verdict,
contendere to any public o
federal law prohibiting or
possession, or giving away
liquors or prohibiting the
containers charged against
or judgment of guilty, or the plea of polo
Efense involving moral turpitude or under any
regulating the sale, exposing for sale, use,
of alcoholic beverages or intoxicating
refilling or reuse of distilled spirits
the licensee.
A•
(e) Failure to take reasonable steps to correct objectionable
conditions on the licensed premises, including the immediately adjacent
area that is owned, leased, or rented by the licensee, that const tute a
nuisance within a reasonable time after receipt of notice to make those
corrections from a district attorney, city attorney, county counsel, or
the department, under Section 373a of the Penal Code. For the purpose of
this subdivision only, "property or promises." as used in Section 373a of
the Penal Code includes the area immediately adjacent to the licensed
premises that is owned, leased, or rented by the licensee.
(f) Failure to take reasonable steps to correct objectionable
conditions that occur during business hours on any public sidewalk
abutting a licensed premises and constitute a nuisance, within a
reasonable time after receipt of notice to correct those conditions from
the department. This subdivision shall apply to a licensee only upon
written notice to the licensee from the department. The department shall
issue this written notice upon its own determination, or upon a request
from the local law enforcement agency in whose jurisdiction the premises
are located, that is supported by substantial evidence that persistent
objectionable conditions are occurring on the public sidewalk abutting
the licensed premises. For purposes of this subdivision:
(1) "Any public sidewalk abutting a licensed premises" means the
publicly owned, pedestrian- traveled way, not more than 20 feet from the
premises, that is located between a licensed premises, including any
immediately adjacent area that is owned, leased, or rented by the
licensee, and a public street.
(2) "Objectionable conditions that constitute a nuisance" means
disturbance of the peace, public drunkenness, drinking in public,
harassment of passersby, gambling, prostitution, loitering, public
urination, lewd conduct, drug trafficking, or excessive loud noise.
(3) "Reasonable steps" means all of the following:
(A) Calling the local law enforcement agency. Timely calls to the
local law enforcement agency that are placed by the licensee, or his or
her agents or employees, shall not be construed by the department as
evidence of objectionable conditions that constitute a nuisance.
(B) Requesting those persons engaging in activities causing
objectionable conditions to cease those activities, unless the licensee,
or his or her agents or employees, feel that their personal safety would
be threatened in making that request.
(C) leaking good faith efforts to remove items that facilitate
,loitering,, such as furniture, except those structures approved or
permitted by the local jurisdiction. The licensee shall not be liable
for the removal of those items that facilitate loitering.
(4) When determining what constitutes "reasonable steps," the
department shall consider site configuration constraints related to the
unique circumstances of the nature of the business.
(g) Subdivision (f) shall not apply to a bona fide public eating
place, as defined in Section 23038, that is so operated by a retail
on -sale licensees a hotel, motel, or similar lodging establishment. as 0 3 �,
%AB987.RCD vctoaer 400 Ewa. _
defined in subdivision (bf Section 25503.16; a wi4gTowers license; "
A licensed beer manufacturer, as defined in Section 23157; those same or
contiguous premises for which a retail licensee concurrently holds an
r" -sale retail beer and wine license and a beer manufacturer's license;
those same or contiguous premises at which an on -sale licensee who is
licensed as a bona fide public eating place as defined in Section 23038,
a hotel, motel, or similar lodging establishment as defined in
subdivision (b) of Section 25503.16, a licensed beer manufacturer, as
defined in Section 23357, or a wine growers license, sells off -sale beer
and wine under the licensees'* on -sale license.
SEC. 4. Section 25612.5 is added to the Business and Professions
Code, to read:
25612.5. (a) This section shall apply to licensees other than a
retail on -sale licensee who is licensed and operates as a bona fide
public eating place, as defined in Section 23038, or as a hotel, motel,
or similar lodging establishment, as defined in subdivision (b) of
Section 25503.16; a wine growers license; a licensed beer manufacturer,
as defined in Section 23357; a retail licensee who concurrently holds an
off -sale retail beer and wine license and a beer manufacturer's license
for those same or contiguous premises; and a retail on -sale licensee who
is licensed and operates as a bona fide public eating place, as defined
in Section 23038, or as a hotel, motel, or similar lodging
establishment, as defined in subdivision (b) of Section 25503.16, a
licensed beer manufacturer, as defined in Section 23357, or a wine
growers license, who sells off -sale beer and wine under the on -sale
license on those same or contiguous premises.
(b) The Legislature finds and declares that it is in the interest of
A public health, safety, and welfare to adopt operating standards as
set forth in this section for specified retail premises licensed by the
department. The standards not forth in this section are state standards
that do not preclude the adoption and implementation of more stringent
local regulations that are otherwise authorized by law.
(c) Other than as provided in subdivision (a), each retail licensee
shall comply with all of the following:
(1).A prominent, permanent sign or signs stating "NO LOITERING IS
ALLOWED ON OR IN FRONT OF THESE PREKISES" shall be post6d % `a dace
that is clearly visible to patrons of the licensee. The size, format,
form, placement, and languages of the sign or signs shall be determined
by the department. This paragraph shall apply to a licensee only upon
written notice to the licensee from the department. The department shall
issue this written notice only upon a rwruest, from the local law
enTorcement a in whose c Con the pr sea are ocat , that
Is supported by substantial evidence that there is loitering adjacent to
the premises.
(2) A prominent, permanent sign or signs stating "WO OPEN ALCOHOLIC
BEV INERn ARE ALLOM ON THESE PREKISES" shall be postea in +�
place that is c carly visible to patrons of the licensee. The size,
format, form, placement, and languages of the sign or signs shall be
'+eterained by the department. This paragraph shall apply to a licensee
ily upon written notice to the licensee from the department. The
uepartment shall issue this written notice only upon a request, from th,
local law enforcement aaencv in w ose urisdiction =pry es are
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EL SEGUNDO CITY COUNCIL MEETING DATE: July 17, 1998
AGENDA ITEM STATEMENT AGENDA HEADING: New Business- City
Councilmembers
AGENDA DESCRIPTION:
Recommendation to Withdraw from Independent Cities Lease Finance Authority.
RECOMMENDED COUNCIL ACTION:
That the Council direct staff to provide 30 days written notice to the Independent Cities Lease Finance Authority of intention
to withdraw.
INTRODUCTION AND BACKGROUND:
The Independent Cities Lease Finance Authority (ICLFA) is a joint powers financing authority created in May, 1989. El
Segundo was one of the 5 original cities in the Authority. The Authority, which now has 13 members, was created to
provide affordable joint financing arrangements for local agencies. The Authority operates from the theory that by sharing
the costs of bond issuance, small agencies can enjoy the economies of scale that larger issuers enjoy and reduce costs
associated with financing.
DISCUSSION:
The City of El Segundo has participated as a voting member since the ICLFA's inception. However, given the City's fiscal
health and extremely limited use of debt, the City has not participated in any of the programs of ICLFA. ICLFA currently
has several programs being developed that will require considerable involvement of the voting membership or an Executive
Committee member.
The City Council and staff endeavor to maintain active involvement in all joint and regional agencies where they are
members. As the representative on the ICLFA, I believe that the City is unlikely to participate or benefit from the ICLFA's
current financing programs or those that might be undertaken in the next several years. Further, if the City did desire to
participate in the future, most programs permit this.
The City's representative has attended more than 90% of the ICLFA meetings held. However, I recommend withdrawal
from the Authority given the following facts:
an additional commitment is needed to actively participate in the organization (at the Executive Committee), or to
delegate the decision - making to those representatives serving on the Executive Committee;
the City has never participated in any ICLFA financing in the past, and
the likelihood is that the new financing opportunities under ICLFA's FRESHrate mortgage program will not be
attractive to the City.
It is in the best interest of the City and the ICLFA to provide 30 days prior written notice to withdraw from the agency,
effective August 7, 1998. Withdrawal will allow greater participation in those areas where the community's interests are
greater and permit agencies who use the financing programs to effectively guide the authority.
ATTACHED SUPPORTING DOCUMENTS:
FISCAL IMPACT:
(Check one) Operating Budget:
Capital Improv. Budget:
Amount Requested:
Project /Account Budget:
Project /Account Balance: Date:
Account Number:
Project Phase:
Appropriation Required - Yes_ No
ORIGINATED: Date: /
lJ
Councilmember Kelly McDo
s: agenda.icl
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