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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: =J0i`) 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 ". r 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. -------------------------------------------------------------------------------- -------------------------------------------------------------------------------- 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 x:\ data \law \word \sbccog \sbc_jpa3.doc 1 05/28/98 (; C 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. x: \data \law \word\sbccog \sbcJpa3.doc 2 05/28/98 ^ ! 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; x:\ data \law \word \sbccog\sbcJpa3.doc 3 (;I C 05/28/98 (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 x: \data \law \word\sbccog \sbcJpa3.doc 4 I 0 2 ; 1� 05/28/98 ` 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 x:\ data \law \word\sbccog \sbc_jpa3.doc 5 05/28/98 t 0 ? 4 '� 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 x:\ data \law \word \sbccog \sbcjpa3.doc 6 `} 05/28/98 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 x:\ data \law \word \sbccog\sbcJpa3.doc 7 05/28/98 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 x: \data \law \word\sbccog\sbcJpa3.doc 8 05/28/98 J n 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.) x:\data\law\word\sbccog\sbcjpa3.doc 9 05128/98 ..J r 1 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. x:\data\law\word\sbccog\sbcjpa3.doc to 05/28/98 0 ' r �� 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 x:\ data \law \wocd\sbccog\sbcjpaldoc 13 05/28/98 I 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 x:\ data \law \word\sbccog\sbc jpaldoc 14 05/28/98 1 IG 0 J 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 x:\data\iaw\word\sbccog\sbc_jpa3.doc 15 I G Q `, J 05/28/98 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 x: \data \law \word\sbccog \sbcJpa3.doc 16 05/28/98 1 t 0 J �, 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 x: \data \law \word\sbccog \sbcJpa3.doc 17 05/28/98 C J 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 x:\ data \law \word\sbccog\sbcJpa3.doc 18 05/28/98 U .- J EXHIBIT C [List of Eligible Public Entities] Carson El Segundo Gardena Hawthorne Hermosa Beach Inglewood Lawndale Lomita Los Angeles (15th Council District Representative) x: \data \law \word \sbccog\sbcjpa3.doc 19 05/28/98 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 x:\ data \law \word\sbccog\sbcJpa3.doc 1 05/28/98 (; C U - 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 x:\data\law\word\sbccog\sbcjpa3.doc 2 05/28/98 J C �� 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; x:\ data \law \word\sbccog\sbcJpa3.doc 3 J C 05/28/98 (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 x:\ data \law \word\sbccog\sbcJpa3.doc 4 05/28/98 r' " G '` 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. x:\data\law\word\sbccog\sbcjpa3.doc 5 ti A 05/28/98 L C 6, ; 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. x:\data\law\word\sbccog\sbcjpa3.doc 6 05/28/98 U Q ^ 'v ' ) 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. x:\data\law\word\sbccog\sbcjpa3.doc 7 05/28/98 01 0 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. x:\ data \law \word\sbccog\sbc_jpa3.doc 8 0 0? v 7 05/28/98 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. x:\data\law\word\sbccog\sbcjpa3.doc 9 05/28/98 u 0 .� u 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 x: \data \law \word \sbccog\sbc jpaldoc 10 05/28/98 n ,j 011 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, x:\data\law\word\sbccog\sbcjpa3.doc 11 05/28/98 C �' �� 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 xAdata \law \word \sbccog\sbc jpaldoc 12 1" 05/28/98 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 x:\ data \law \word\sbccog\sbcJpa3.doc 13 0 / 2 05/28/98 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 x:\data\law\word\sbccog\sbcjpa3.doc 14 17 Z 05/28/98 U Q '" 1 ` 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 x:\ data \law \word\sbccog\sbc jpaldoc 15 r,'I 05/28/98 v 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 x: \data \law \word\sbccog\sbc_jpa3.doc 16 05/28/98 „ C c 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 x:\data\law\word\sbccog\sbcjpa3.doc 17 r, ,, "I F, 05/28/98 k 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 x:\ data \law \word\sbccog \sbc_jpa3.doc 18 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) h x: \data \law \word\sbccog\sbcjpa3.doc 19 ;j Q 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 NACOUNCUPW- JUL07.01 (Tuesday 6/30/98 11:00 M) C0�'uf v West City Boundary--\ : REDWOOD AVE. YUCCA ST UN t 9Z0 � NIL RES T. H 30 > > !f HILLCREST ST. < ; ; 30, C a m VALLEY o D. 1 © LOMA 1ST S � r LOMA VISTAs ST. BAYONNE t ����8 S WHITING v ST. ®e � B VIRGINIA D ST CONCORD D ST. El EE31 CON RD PL. � Eil RICHMOND ST. CM 4 ST. Be 880 D MAIN -4 ST. Fl\ � �F1 Z � STANDARD ST. lEE ooa e a �e _ EUCALYPTUS DR. -- p I ARENA STS �® ; CYP S r SHELDON ST. PENN ST. Q B ®® 4 C� McCARTH CT. SIERRA ST. ®� L0M I TA � LOMITA ST. �® A 1;1 MARYLAND ST. � BUNGA W BUNGALOW DR. r CENTER ST � NEvaoa a ST. M OREGON ST. � � CALIFORNIA ST. v CALIFORNIA A ST. r Ic KANSAS ST. > WASHINGTON ST. c WA HI TON ST. S m ILLINOIS ST ILLI OIS Cl < IN A INDIANA ST. CT. N I H ni 4_ —^- -- ST. O 7 � n s r � 0 c 0 N c. U CD 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 ��HWT ACACIAA mlrn I � I< n C'1l t;� WALNUT Nmm ._- ____ -..Y 7 BYGAA I . M LE A IMTH ST OMAN - -- I I PALM AVE I IY A U A MAR Ave . LOTH ET K G IaATHST ORAND AVE S t rp < iRANNLIM AVE • 1- t • �—r ------------ n- ,,,:' • "UTAH Ave 1IM ET ALASKA AVE •, - ` U) 0110 PY PARK PL t • �! 0 i R06eCRAHB AVE I NOT TO SCALE CITY OF EL SEGUNDO CITY MAP I< n C'1l t;� em 017 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 err• �•�w •n N iii A • A I O rim W � w v; an N A A ,• •,,,,� N O A a cc f7r r.+rn � � r•�A � 1' r Z r r , z PER W 0� m r ® t O r � 0 IN 0 own .: a � ! r 1 I1 1'1 • l� w I i W L-JI aw Le Nape tqA j7, I—qJ-7 � r �r U 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 603: c o w�A °' a `•�t"' O'�wo0051n-• woa w6'M�t�w O►°* ''' :I o I St o a I-• � A �1 �- Owr 8 96 rt ►�- a a w o &< a a � n %i. A•• a 1% w Nrt04"V6 -'<rt w w no F- AWNAnlTa p� • . 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'!!F~+ �0•aw WaMnMWa��rt �F+N mO ° 00a�FWR aW'd now a I- a 1-• I�ao O h1<+.EMvas641os wF+ 'aa "4 " "-* a h a°g h oO wi� A*onE ••�A aM a Fr 1- - O or a • w•O �awc� na 0Ww"ao a-EaI� -. WM w� I." ;<r°tx naa rotes w tto� Igoaft < OwWrt0 p00$- w•°aw° ox o+-•- •oil• W W ova 0 ts O • " n O � µw W a M ° Oa A < g �a " a ft "1% A 0 M grata "V rta �r Swfoo � it 0 "0-0 o oar OH w►a.' w ao 1°? A aoaa oa Si hA o ~ 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 C0309