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1999 FEB 02 CC PACKETAGENDA EL SEGUNDO CITY COUNCIL COUNCIL CHAMBERS - 350 Main Street The City Council, with certain statutory exceptions, can only take action upon properly posted and listed agenda Items Unless otherwise noted in the Agenda, the Public can only comment on City- related business that is within the jurisdiction of the City Council and/or items listed on the Agenda during the Public Communications portion of the Meeting Additionally, the Public can comment on any Public Hearing item on the Agenda during the Public Hearing portion of such item The time limit for comments is five (5) minutes per person Before speaking to the City Council, please come to the podium and state Your name and residence and the organization you represent, if desired Please respect the time limits Members of the Public may place items on the Agenda by submitting a Written Request to the City Clerk or City Manager's Office at least six days prior to the City Council Meeting (by 2 00 p in the prior Tuesday) The request must include a brief general description of the business to be transacted or discussed at the meeting In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact City Clerk, 607 -2208 Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting ADJOURNED REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, FEBRUARY 02,1999 - 5:00 P.M. CALL TO ORDER PLEDGE OF ALLEGIANCE — Counciimember Nancy Wernick ROLL CALL PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit per person, 30 minute limit total) Individuals who have received value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so identify themselves prior to addressing the City Council Failure to do so shall be a misdemeanor and punishable by a fine of $250 CLOSED SESSION: The City Council may move into a closed session pursuant to applicable law, including the Brown Act (Government Code §54950, et secl ) for the purposes of conferring with the City's Real Property Negotiator, and/or conferring with the City Attorney on potential and/or existing litigation, and/or discussing matters covered under Gov't Code §54957 (Personnel), and/or conferring with the City's Labor Negotiators as follows CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Gov't Code §54956 9(a)) In the Matter of the Application of City of Los Angeles, OAH No L- 9604014 El Segundo v Kilroy, LASC Case No YC 031166 Fenwick v Civil Service Commission and City of El Segundo, 2 Civil B 121282 and Los Angeles No BSO44667 0 01 El Segundo v Stardust, LASC Case No YC 031364 City of Los Angeles v El Segundo, et al , LASC Case No BC 128412 Nelson v El Segundo, LASC Case No YC 033484 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Gov't Code §54956 9(b) -0- potential case (no finther public statement is required at this time), Initiation of litigation pursuant to Gov't Code §54956 9(c) 15- matters DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957) — None CONFERENCE WITH CITY'S LABOR NEGOTIATOR - (Gov't Code §54957 6) — None CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956 8) — None REPORT OF ACTION TAKEN IN CLOSED SESSION (if required) ADJOURNMENT POSTED: DATE I a -^95 TIME 33 S, NAME 0202995p 002 Ct'S Y D.t+ tq sG� AGENDA EL SEGUNDO CITY COUNCIL COUNCIL CHAMBERS - 350 Main Street The City Council, with certain statutory exceptions, can only take action upon properly posted and listed agenda Items Unless otherwise noted in the Agenda, the Public can only comment on City- related business that is within the jurisdiction of the City Council and/or items listed on the Agenda during the Public Communications portion of the Meeting Additionally, the Public can comment on any Public Hearing item on the Agenda during the Public Hearing portion of such item The tune lmut for comments is five (5) nommes per person Before speaking to the City Council, please come to the podium and state Your name and residence and the organization you represent, if desired Please respect the time limits Members of the Public may place items on the Agenda by submitting a Written Request to the City Clerk or City Manager's Office at least six days prior to the City Council Meeting (by 2 00 p in the prior Tuesday) The request must include a brief general description of the business to be transacted or discussed at the meeting Playing of video tapes may be permitted during meetings if they are submitted to the City Clerk two (2) working days prior to the meeting and they do not exceed five (5) minutes in length In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact City Clerk, 607 -2208 Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, FEBRUARY 2,1999 - 7:00 P.M. Next Resolution # 4107 Next Ordinance # 1295 CALL TO ORDER INVOCATION — PLEDGE OF ALLEGIANCE — Councilmember Nancy Welnick PRESENTATIONS (a) Proclamation reaffirming El Segundo's 37 -year commitment to fostering the Ideals of the Sister City Program ROLL CALL P 0 . PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit per person, 30 minute limit total) Individuals who have received value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so identify themselves prior to addressing the City Council Failure to do so shall be a misdemeanor and punishable by a fine of $250 (a) Request by the El Segundo Police Officers Association for City support, waiver of fees and approval to close the 100 to 600 blocks of Main Street from 8 30 a in to 8 00 p in on Saturday August 14 1999 for the Main Street America car show event Recommendation — Discussion and possible action. (b) Request by El Segundo Little League for City support, waiver of fees and approval for its Opening Day Parade at 10 00 a m Saturday, February 20, 1999 Recommendation — Discussion and possible action. A. PROCEDURAL MOTIONS Consideration of a motion to read all ordinances and resolutions on this Agenda by title only Recommendation - Approval. B. SPECIAL ORDERS OF BUSINESS - Extension of a Continued Public Hearing on a proposed Specific Plan ( "Aviation Specific Plan ") and amendments to the General Plan, Zoning Code and Zoning Map to change the existing Land Use Designation and Zoning from Open Space (O -S) to Aviation Specific Plan (ASP) for a 5 4 acre narrow corridor of land oriented in a generally northwest to southeast diagonal between Aviation Boulevard and Douglas Street to be used for a public self - storage facility (Environmental Assessment EA -427, General Plan Amendment 97 -4, Zone Change 97 -3, and Zone Text Amendment 98 -6) Address 700 South Douglas Street Property Owner Southern California Edison Applicant Everest Storage Recommendation - 1) Re -open the Continued Public Hearing; 2) Continue and extend Public Hearing at the applicant's request until April 6, 1999; and or 3) Other possible action /direction. C. UNFINISHED BUSINESS —NONE D. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS Continuation of interviews of February 2, 1999 for Candidates to the El Segundo Community Cable Advisory Committee Recommendation - Reschedule interviews of Candidates to the El Segundo Community Cable Advisory Committee. Verbal update of Stepping Stone Subcommittee meeting held on January 27, 1999 Receive and file report. OU' 3 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 4 Warrant Numbers 2254847- 2255133 in total amount of $4,413,056 80, and Wire Transfers in the amount of $376,816 96 Recommendation - Approve Warrant Demand Register and Authorize staff to release. Ratify: Payroll and Employee Benefit checks; checks released early due to contracts or agreements; emergency disbursements and /or adjustments; and wire transfers from 01/14/99 to 01/27/99. City Council meeting minutes of January 19 1999 Recommendation - Approval. 6 Resolution approving the Joint Powers Agreement to Provide for Inter - Agency Cooperation in Major Natural or Man-Made Disaster Recommendation — Approve Resolution Approving the Joint Powers Agreement to Provide for Inter - Agency Cooperation in Major Natural or Man -Made Disaster. Accept donation of equipment and supplies from Pacific Pipeline System Inc valued at Recommendation — Accept donation. Request for the City Council to approve a bid from Pacific Bell to relocate existing serial cable and hardware for the automated system, INNOPAC, to the new Library computer systems room (Fiscal Impact $6,130 from Outside Services Trust Public Library Fund 1 Recommendation — Authorize appropriation of $6,130.00 from Public Library Fund (Outside Service Trust) account 708 - 8103 -62145 for recabling and relocation of existing Library Automation System equipment. 9 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO AMENDING SECTION 5 40 160 ENTITLED "TRANSFERABILITY," OF CHAPTER 5 04 ENTITLED "LICENSES IN GENERAL," OF TITLE 5 ENTITLED `BUSINESS REGULATION AND LICENSING," OF THE EL SEGUNDO MUNICIPAL CODE RELATING TO BUSINESS ACQUISITIONS AND MERGERS Recommendation — Second reading and adoption of Ordinance. 10 Water Service Agreement between Chevron Products Company, West Basin Municipal Water District and the City of El Segundo (no fiscal impact) Recommendation — Approve the contract with authorization for the mayor to execute on behalf of the City. 11 Establishment of a professional services contract with Cotton/Beland/Associates, Inc ( "CBA ") for the preparation of the 2000 -2005 Housing Element The amount to be paid to the Consultant under this agreement is $23,745 00, and, therefore requires City Council review and approval (EA -451) Recommendation — Approval of the professional services contract with CBA. Al 13 I5 CALL ITEMS FROM CONSENT AGENDA F. NEW BUSINESS — 12 Request to use existing FAA, CDBG, and out -of -court settlement funds to continue the City's Residential Sound Insulation (RSI) Program with Phase 6 (Fiscal Impact will depend upon the Phase 6 plan selected by City Council It is estimated that Phase 6 will cost approximately $650,000, the bulk of which would be spent in FY 99/00 It is also estimated that there will be a balance of approximately $500,000 in RSI funds and $74,000 in CDBG/RSI funds at the end of FY 98/99 Therefore, no new appropriation is necessary to start Phase 6 this year However, it is necessary to approve the carryover of all FY 98/99 RSI and CDBG/RSI balances to FY 99/00 It will also be necessary to budget approximately $76,000, presumably form out -of -court settlement funds, in FY 99/00 to complete Phase 6 Phase 6 will insulate Mproximately 24 homes without the forfeiture of any avieation easements ) Recommendation — 1) Discussion; 2) Approve continuation of the RSI program to include Phase 6; 3) Select Option 41 (City pays 20 %, maximizing use of available CDBG/RSI funds); or, 4) Provide alternate direction to Staff. 13 Request for the City Council to approve a grant award of $7,500 from the California Library Services Board for Z39 50 software (Fiscal Impact $0) Recommendation — Approve the grant award from the California Library Services Board of $7,500 for the purchase of Z39.50 software to allow library users to view other local library catalogs. 14 Review of 1999 Business Recruitment Creative Units Recommendation — Approve business recruitment creative units proposed by Team One Advertising. 15 An Ordinance Amending Section 2 08 020 of Chapter 2 08 of the El Segundo Municipal Code relating to City Council meetings Recommendation — 1) Discussion 2) Read by title only 3) Introduce Ordinance 4) Schedule February 16, 1999 for second reading. G. REPORTS - CITY MANAGER — NONE H. REPORTS — CITY ATTORNEY - NONE I. REPORTS - CITY CLERK - NONE J. REPORTS - CITY TREASURER - NONE 006 K. REPORTS - CITY COUNCILMEMBERS Councilmember McDowell - NONE Councilmember Gaines - NONE Councilmember Wernick - NONE Mayor Pro Tern Jacobs - NONE Mayor Gordon — NONE PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit) Individuals who have received value of $50 or more to communicate to the City Council on beha[fof another, and employees speaking on behalf of their employer, must so identify themselves prior to addressing the City Council Failure to do so shall be a misdemeanor and punishable by a fine of $250 MEMORIALS CLOSED SESSION The City Council may move into a closed session pursuant to applicable law, including the Brown Act (Government Code Sec 54960, et sec ) for the purposes of conferring with the City's Real Property Negotiator, and/or conferring with the City Attorney on potential and/or existing litigation, and/or discussing matters covered under Government Code section 54957 (Personnel), and/or conferring with the City's Labor Negotiators, as follows Continuation of matters listed on the City Council Agenda for 5 00 p in , February 2, 1999 under "Closed Session" (if needed) REPORT OF ACTION TAKEN IN CLOSED SESSION (if required) ADJOURNMENT POSTED DATE 4-26'7 TIME I ,3 NAME_ 020299ag 01D i City of El Segundo Inter - Departmental Correspondence December 29, 1998 To: J O. Wayt, Acting Chief of Police From: Mitch Tavera, Lieutenant —� Subject: Main Street Cruise Park and Show The El Segundo Police Officer's Association is planning the annual Main Street Car Cruise to be held on August 14, 1999, from 0800 to 2000 hours The car show will highlight classic and pre -1975 cars and trucks The event will be held in the 100 through 600 blocks of Main Street, which will be barricaded and manned by volunteer staff Emergency vehicle access would not be impacted as the # one traffic lanes of both north and south bound Main Street will be kept clear Traffic control plans meet with approval of the Traffic Division Prior to the event, members of the above agencies shall meet with the Traffic Division Commander to insure that all is in order and proper notifications have been made EVENT MANPOWER (0800 — 2000 Hours) Police Volunteer Staff Street Department- $100.00 per event MTlsn 1 l ; El Segundo Police 0fficersAssociation Main Street America, El Segundo's Premier Car Show Event January S, 1999 Dear Mayor Gordon and Members of City Council. The El Segundo Police Officers Association seeks your permission to organize and produce the Main Street America car show event for 1999 We request permission to use the ioo to boo blocks of Main Street from iz.00 noon to 6:oo PM on August 14th 1999 We ask that Council allow us to close the too to 600 blocks of Main Street from 8:30 AM to 8:oo PM on the above date for set up and production of the event. These closures would include all intersecting streets in these blocks listed above back to the nearest alleyways We request the Council to permit us to close the street as listed above to normal traffic via City of El Segundo supplied signs, barricades, and cones We ask for Council to waive any costs to the city for this show event. We will have the assistance of ESPOA volunteers during the events to assist in crowd control We will purchase a several million dollar liability insurance plan for the event and a copy of the policy will be pro- vided to the City Attorney. ESPOA volunteers and our staff will set up and remove all barricades and cones for the event We will clean any trash remains left behind after the event. All outhouse facilities will be provided by our organization. ESPOA volunteers and our staff will make all necessary notifications to the Police Department, Fire Department, M T. A., Street Department, neighboring residents and area businesses. Traffic control plans for each event will be provided to the Police Traffic division for approval prior to this event. We request the Council's support and permission to implement this car show event which will be benefi- cial to the El Segundo Community. Thank you, J P S liens President of the El Segundo Police Officers Association EM City of El Segundo Inter - Departmental Correspondence January 27, 1999 To: Mary Strenn, City Manager �6 i From: Tim Gnmmond, Chief of PolC Subject: Little League Parade — February 20, 1999 To support this event, the Police Department will require the service of two motor officers and one cadet Compensation will be overtime for the motor officers and straight time for the cadet The Street Department will have no exceptional cost related to this event Sign posting and delivery of the lane delineators will take place during the workweek and no crew will be required the day of the event The Little League will distribute and collect the delineators the day of the event under Police Department supervision EVENT MANPOWER (2 0 Hour Shift) POLICE Two motor officers One cadet STREET DEPARTMENT TG MT /sn 4 Attachment o1n $17919 $ 2961 5000 Total $258 80 January 20, 1999 City of El Segundo City Manager's Office 350 Main Street El Segundo, CA 90245 Attn: Ms. Marlene Baker RE El Segundo Little League Opening Day Parade Dear Marlene Little League's opening day will be on Saturday, February 20, 1999 As has been customary, we would like to have a parade on this day starting at 10-00 a m The teams will gather by 9.30 a in in the parking lot at Eucalyptus Drive and East Grand Avenue and will walk west on Grand Avenue then proceed north on Main Street to Pine. The teams will proceed east on Pine Street to Guaymas Way mto Recreation Park. We will have more than 350 Little League players this year and anticipate a great season We ask the City Council's assistance and support in the request and also ask that all fees for this parade be waived Please contact me at (310) 322 -0226 if additional information is required. Thank you in advance for your assistance Sincerely, r �� Lark Krug El Segundo Little League Parade Coordinator 910 Loma Vista Street El Segundo, CA 90245 011 EL SEGUNDO CITY COUNCIL AGENDA ITEM STATEMENT AGENDA MEETING DATE: 02 February 1999 oecial Orders of Business - Public Hearing Extension of a Continued Public Hearing on a proposed Specific Plan ( "Aviation Specific Plan ") and amendments to the General Plan, Zoning Code and Zoning Map to change the existing Land Use Designation and Zoning from Open Space (O -S) to Aviation Specific Plan (ASP) for a 5 4 acre narrow corridor of land oriented in a generally northwest to southeast diagonal between Aviation Boulevard and Douglas Street to be used for a public self- storage facility (Environmental Assessment EA -427, General Plan Amendment 97 -4, Zone Change 97 -3, and Zone Text Amendment 98 -6 ) Address 700 South Douglas Street Property Owner Southern California Edison Applicant Everest Storage RECOMMENDED COUNCIL ACTION: 1) Re -open the Continued Public Hearing, 2) Continue and extend Public Hearing at the applicant's request until 06 April 1999, and /or, 3) Other possible action /direction INTRODUCTION AND BACKGROUND: The City Council Public Hearing was originally noticed and scheduled for 03 November 1998, assuming that at its immediately preceding meeting -- on 22 October 1998, the Planning Commission would take action However, at the applicant's request, the Planning Commission did not take action at its scheduled meeting, and instead Continued the item until the next regularly scheduled (12 November 1998) meeting The applicant requested a second Continuance, which would have regrettably delayed the Planning Commission's review until 10 December 1998 — its next regularly scheduled meeting At the Applicants request, this Planning Commission meeting was also Continued until 28 January 1999, necessitating another extension of the City Council Continuance until 02 February 1999 Staff and the applicant now request an additional extension, since the Planning Commission is now scheduled to review the project on 11 March 1999 As a result, the City Council Public Hearing should also be Continued to its meeting on 06 April 1999, so as to allow the Planning Commission the opportunity to fully discuss and make a recommendation to the City Council Staff and the property owner (Southern California Edison) have requested the additional Continuance due to ongoing negotiations between Staff and the property owner, regarding a proposed Development Agreement for the Everest Storage property and the future Douglas Street extension DISCUSSION- The application requests approval of the above referenced applications to convert the use of a Southern California Edison utility right -of -way from its most recent use as a landscape nursery to a self- storage facility The requested applications would add The Aviation Specific Plan as a new land use designation in the General Plan and Zoning Code The proposed Aviation Specific Plan would establish new permitted uses and development standards for the project area which would supercede the existing Open Space standards ATTACHED SUPPORTING DOCUMENTS: None FISCAL IMPACT: None ORIGINATED: 1� Bret B Ber and AICP, irector of Planning and REVIEWED BY: Mary renn 6viManaaer Date: 25 January 1999 �j ACTION TAKEN: p \yroiectsk426- 450 \ea427\ea427 -3 ais r 1 EL SEGUNDO CITY COUNCIL MEETING DATE: February 2, 1999 AGENDA ITEM STATEMENT AGENDA HEADING: COMMITTEES, COMMISSIONS & BOARDS AGENDA DESCRIPTION: Continuation of Interviews of February 2, 1999 for Candidates to the El Segundo Community Cable Advisory Committee RECOMMENDED COUNCIL ACTION: Reschedule Interviews of Candidates to the El Segundo Community Cable Advisory Committee INTRODUCTION AND BACKGROUND: On January 5, 1999, the City Council announced the opening on the El Segundo Community Cable Advisory Committee due to the resignation of one of its members Recruitment commenced with a filing deadline of January 29th, and Interviews of Candidates set for Tuesday, February 2, 1999 at 6 00 p in DISCUSSION: Beginning at 6 00 p in , Tuesday, February 2, 1999, the Mayor will be making presentations to the Cities of Carson and Rancho Palos Verdes on the LAX Regional Plan, and cannot be at the scheduled Interviews All Candidates have been advised of this conflict and postponement of Interviews ATTACHED SUPPORTING DOCUMENTS: N/A FISCAL IMPACT: N/A ORIGINATED: Date: January 27, 1999 aG aAw Julia Abreu Mason, Council Assistant REVIEWED BY: 013 boa \n \ccb \reset agd January i,1�y 2 Agenda — February 2, 1999 Verbal update of Stepping Stone Subcommittee meeting held on January 27, 1999 Of 3 / \ \ /§()§ \�. u �\ (! 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E15 ) » \\ (\ 51 CITY OF EL SEGUNDO PAYMENTS BY WIRE TRANSFER 01/14/1999 THROUGH 01/27/1999 Date Payee Amount Description 1/14/99 Health Comp 4,46017 Weekly eligible claims 1/8 1115/99 Wells Fargo 29,500 00 Trf Lakes Clung to Lakes Payroll 1/19/99 Wells Fargo 20,000 00 SCRMA Wrk Comp Acct 1/19/99 U S Bank 139,897 93 ABAG 25 Certificates Interest 1/20/99 Health Comp 1,47561 Weekly eligible claims 1/15 1/25/99 IRS 152,153 26 Federal Payroll Taxes PR15 1/20/99 Health Comp 40000 Weekly eligible claims 1/22 1/27/99 Employment Development 28,929 99 State Payroll Taxes PR15 376,816 96 DATE OF RATIFICATION: 02/02/99 TOTAL PAYMENTS BY WIRE. Certified as to the accuracy f theyO transfers by Treasurer � - • < <— � °- �' 1 �� Finance Director ;' c' ✓G �< % City Manager 376,816 96 Information on actual expenditures is available in the City Treasurer's Office of the City of El Segundo 016 MINUTES OF THE ADJOURNED REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, JANUARY 19,1999 - 5:00 P.M. CALL TO ORDER Mayor Gordon at 5 00 p in PLEDGE OF ALLEGIANCE — Mayor Pro Tem Sandra Jacobs ROLL CALL Mayor Gordon - Present Mayor ProTem Jacobs - Present Council Member Wernick - Present Council Member Gaines - Present Council Member McDowell - Present PUBLIC COMMUNICATIONS - (Related to City Business Only 5 minute limit per person, 30 minute limit total) Individuals who have received value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so identify themselves prior to addressing the City Council Failure to do so shall be a misdemeanor and punishable by a fine of $250 No individuals addressed Council CLOSED SESSION: The City Council moved into a closed session pursuant to applicable law, including the Brown Act (Government Code §54950, et sec) for the purposes of conferring with the City's Real Property Negotiator, and/or conferring with the City Attorney on potential and/or existing litigation, and/or discussing matters covered under Gov't Code §54957 (Personnel), and/or conferring with the City's Labor Negotiators as follows CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Gov't Code §54956 9(a)) 1 In the Matter of the Application of City of Los Angeles, OAH No L- 9604014 2 El Segundo v Kilroy, LASC Case No YC 031166 3 Fenwick v Civil Service Commission and City of El Segundo, 2 Civil B 121282 and Los Angeles No BSO44667 4 El Segundo v Stardust, LASC Case No YC 031364 5 City of Los Angeles v El Segundo, et al, LASC Case No BC 128412 6 Nelson v El Segundo, LASC Case No YC 033484 City Attorney, Mark Hensley, announced that since the posting of tonight's agenda, the potential litigation case became an identified case Little v City of El Segundo, USDC Case No CV 98 -10500 DT (MAN)(X) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Gov't Code §54956 9(b) -1- potential case (no further public statement is required at this time), Initiation of litigation pursuant to Gov't Code §54956 9(c) -4- matters ADJOURNMENT — 6 55 p m Marlene Baker, Minutes Secretary 017 C MINUTES OF THE REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, JANUARY 19,1999 - 7:00 P.M. Next Resolution # 4106 Next Ordinance # 1294 CALL TO ORDER Mayor Gordon at 7 00 p in INVOCATION — Bishop Lloyd Carlson, Church of Jesus Christ of Latter Day Saints PLEDGE OF ALLEGIANCE — Mayor Pro Tern Sandra Jacobs PRESENTATIONS: (a) Mayor Gordon recognized the 82nd anniversary of the City of El Segundo presenting a Proclamation to the sons of Clayton Hall, recently deceased, who was one of the City's 75' Anniversary "Diamonds" (b) Postmaster Savolt gave a brief status report regarding ongoing mail problems in El Segundo, and his efforts to alleviate residents concerns The following individuals commented regarding mail delivery Lottie Gillig expressed concern regarding misdelivered mail and after -dark deliveries, stating she has never seen her mail person Loretta Frye complimented her mailman who delivers marl on schedule and knows his customers' names Sandra Mason expressed concern that she does not have the same person delivering her mail two days in a row, and that her marl is tossed on the steps Kathy Wisher advised she has kept a list of mail delivery problems over the past two years A resident on Yucca advised she receives her marl at 6 p in Nick Garenday, Concord, advised he has experience working in the post office, and offered his services as ombudsman (c) Bill Mason, El Segundo Chamber of Commerce, and Lorretta Frye gave a brief status report on the stepping stone project A subcommittee of Mayor Pro -Tem Jacobs, Council Member Gaines and Ms Frye was established to examine the status of the stepping stone project and to report back to Council (d) Clem Shute of of Shute, Mihaly, Weinberger, Gladstem & Associates and Denny Zane of Gladstem & Associates, made brief presentations and gave status reports with respect to the Los Angeles Airport expansion MINUTES O CITY COUNCIL REGULAR MEETING JANUARY 19,1999 - 7 00 P M PAGE NO I ROLL CALL Mayor Gordon Mayor ProTem Jacobs Council Member Wernick Council Member Gaines Council Member McDowell Present - Present - Present - Present - Present PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit per person, 30 minute limit total) Individuals who have received value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so identify themselves prior to addressing the City Council Failure to do so shall be a misdemeanor and punishable by a fine of $250 El Segundo Police Officers Association, requested City support, waiver of fees and approval of closure of the 100 to 600 blocks of Main Street from 8 30 a in to 8 00 p in on Saturday, August 14, 1999 for the Main Street America car show event This item was continued until a representative of the El Segundo Police Officers Association can be in attendance to make a presentation Al Zepeda, on behalf of the El Segundo Unified School District and the Parent Teacher Associations from Center Street, Middle, El Segundo High, and Arena Schools, requested City support of the 7°i Annual "Run for Education" 5K Run/Walk tentatively scheduled for Saturday, March 13, 1999 at 8 00 a in in accordance with Police Department conditions contained in an Agreement with the City MOVED by Council Member McDowell, SECONDED by Mayor Pro -Tem Jacobs to approve a request by the El Segundo Unified School District and the Parent Teacher Associations from Center Street, Middle, El Segundo High and Arena Schools for City support of the 7" Annual "Run for Education" 5K Run/Walk tentatively scheduled for Saturday, March 13, 1999 at 8 00 a in in accordance with Police Department conditions set out in an Agreement with the City MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 City Manager, Mary Strenn, responded to concerns expressed by Peggy Tyrell, resident, regarding the City Council meeting of January 5, 1999, Agenda Item No 10 Ms Tyrell referred to Mayor Gordon's community letter, requested an expenditure report on the proposed water well, and requested a report regarding property at Douglas and Manposa Mayor Gordon requested that the City Manager report back regarding the Douglas/Manposa property Susan Allen, 200 block W Maple, expressed concern regarding cars travelling south from Imperial to Maple going through stop signs at Main and Maple, felt that the trees need to be trimmed, and requested that a flashing yellow light be changed to a flashing red light This item was referred to the Traffic Committee for review Sandra Mason, resident, referred to handicap parking spots on Main Street This item was referred to the Traffic Committee and Staff for review 0119 MINUfES CITY COUNCIL REGULAR MEETING JANUARY 19, 1999 — 7 00 P M PAGE NO 2 A. PROCEDURAL MOTIONS Consideration of a motion to read all ordinances and resolutions on this Agenda by title only MOVED by Council Member McDowell, SECONDED by Council Member Wernick, to to read all ordinances and resolutions on this Agenda by title only MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0. B. SPECIAL ORDERS OF BUSINESS - NONE C. UNFINISHED BUSINESS Final recommendations on the Business Task Force and action items for City Council discussion Establishment of the City Data base: 1) Allow unlicensed business to voluntarily come forward and pay all prior years' business licenses with out incurring penalties and interest, such amnesty program to terminate September 30, 1999 2) Allow a business that identifies an error in the business license fee paid to the City and pay such outstanding balance without incurring penalties and interest, such amnesty program to terminate September 30, 1999 3) The Finance Department reviewed Business License software demonstrations with two vendors, and is planning to make a recommendation to City Council early this year The Department will use the software and the database created as a tool to identify businesses opertmg without a license Composition of the Audit and Management Team 1) The audit team will be composed of highly qualified individuals selected through a formal bid process (The Finance Department will prepare the Request for Proposal (RFP) 2) The management team will consist of one member from the Finance Department and one member of the Economic Development Department The purpose of the team is to ensure compliance with the Municipal Code, the guidelines established in the audit contract, and maintain positive business relations (This team should be made up of the Finance Director and the Economic Development Director ) Define the Scope of Work Selecting a sample of businesses to audit There are four levels of audits as recommended by the Task Force MINUTES 020 CITY COUNCIL REGULAR MEETING JANUARY 19, 1999 - 7 00 P M PAGE NO 3 1) All Business with gross business license fees over $100,000 (approximately 10) 2) Select a random sample of businesses with gross business license fees between $5,000 and $100,000 (approximately 10) 3) Select a random sample of businesses with gross business license fees under $5,000 to be audited in house by Finance Department staff (approximately 5 to 10) 4) Unlicensed businesses within the City that did not participate in the amnesty program are selected at the discretion of the Finance Director Compensation 1) Compensation will consist of a fixed fee per audit A business may elect to have its business license audit performed by their financial auditor or contract with the City auditors If this election is made the business will pay for the audit 2) Staff has determined that various auditing firms will respond to an RFP based on a flat fee contract Business Appeals Process 1) The business can discuss the auditor's recommendation with the Finance Director before the final "findings" letter is issued 2) The business may appeal the decision of the Finance Director to a Business License Audit Committee consisting of the City Manager or designee, Chief of Police and a member of the Business community 3) Final appeal to the City Council Enforceability/ recovery for the City 1) The Finance Director reviews all findings and bills the businesses accordingly All 90- day delinquent payments are forwarded to the City Attorney and 180 -day delinquencies will be forwarded to a collection agency selected by the City This process begins after the appeals process has been exhausted MOVED by Councilmember Gaines, SECONDED by Mayor Pro -Tern Jacobs, to adopt the Staff and Business Task Force recommendations, and that Staff make this information available to the public through all possible sources (including Limelight and other media) MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0. MINUTES 02-1 CITY COUNCIL REGULAR MEETING JANUARY 19, 1999 - 7 00 P M PAGE NO 4 2 City Attorney, Mark Hensley, read Resolution No 4106 by title only RESOLUTION NO. 4106 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, ESTABLISHING AN AMNESTY ON BUSINESS LICENSE TAX PENALTIES AND INTEREST, AND EXTENDING THE FILING PERIOD FOR CLAIMING SALES TAX CREDITS MOVED by Mayor Pro -Tern Jacobs, SECONDED by Council Member McDowell, to adopt Resolution No 4106 establishing an amnesty on Business License Tax penalties and interest and extending the filing period for claiming sales tax credits MOTION PASSED BY UNANIMOUS VOICE VOTE. 510. 3 City Attorney Mark Hensley read Ordinance No 1294 by title only ORDINANCE NO. 1294 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, AMENDING SECTION 5 40 160 ENTITLED "TRANSFERABILITY," OF CHAPTER 5 04 ENTITLED "LICENSES IN GENERAL," OF TITLE 5 ENTITLED `BUSINESS REGULATION AND LICENSING," OF THE EL SEGUNDO MUNICIPAL CODE RELATING TO BUSINESS ACQUISITIONS AND MERGERS Mayor Pro -Tern Jacobs introduced Ordinance No 1294 4 Development Agreement Amendment to increase the permitted size of the proposed L A Kmgs/Lakers Sports Training and Recreation Facility previously approved for Project Area 4 of the Grand Avenue Corporate Center Project The Amendment would increase the size of the proposed facility by 15,000 square feet from 120,000 square feet to 135,000 square feet (Environmental Assessment EA -467 and Development Agreement 98 -2) Address 555 North Nash Street Applicant L A Ice Venture Company, LLC (Ted Fikre) Due to potential conflict of interest, Mayor Gordon and Council Member Wernick did not participate in discussion of this item 022 MINUTES CITY COUNCIL REGULAR MEETING JANUARY 19, 1999 -7 00 P M PAGE NO 5 City Attorney Mark Hensley read Ordinance No 1291 by title only, ORDINANCE NO. 1291 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, APPROVING DEVELOPMENT AGREEMENT NO DA 98 -2 FOR AN AMENDMENT TO THE GRAND AVENUE CORPORATE CENTER, PROJECT AREA FOUR (PLAN B), AND ENVIRONMENTAL ASSESSMENT EA -467 FOR PROPERTY AT 555 NORTH NASH STREET AND ADOPTING FINDINGS IN SUPPORT THEREOF PETITIONED BY L A. ICE VENTURE COMPANY, LLC MOVED by Council Member Gaines, SECONDED by Council Member McDowell, to adopt Ordinance No 1291, amending Development Agreement increase the permitted size of the proposed L A Kmgs /Lakers Sports Training and Recreation Facility previously approved for Project Area 4 of the Grand Avenue Corporate Center Project The Amendment would increase the size of the proposed facility by 15,000 square feet from 120,000 square feet to 135,000 square feet (Environmental Assessment EA -467 and Development Agreement 98- 2) Address 555 North Nash Street Applicant L A Ice Venture Company, LLC (Ted Fikre) MOTION PASSED. 3/0/2. Mayor Gordon and Council Member Wernick did not participate 5 Proposed amendments to the Zoning Code for residential side yard setbacks for attached garages on 25 -foot wide lots in the Single Family Residential (R -1) Zone, and, a Negative Declaration of Environmental Impacts in accordance with the California Environmental Quality Act (CEQA) Environmental Assessment EA -465 and Zone Text Amendment ZTA 98 -7 Applicant City of El Segundo City Attorney, Mark Hensley, read Ordinance No 1292 by title only ORDINANCE NO. 1292 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, APPROVING ENVIRONMENTAL ASSESSMENT NO EA -465 AND ZONE TEXT AMENDMENT ZTA 98 -7, AMENDING THE EL SEGUNDO MUNICIPAL CODE BY AMENDING VARIOUS SECTIONS OF TITLE 20 (THE ZONING CODE) PETITIONED BY THE CITY OF EL SEGUNDO MOVED by Council Member Wernick, SECONDED by Council Member Gaines, to adopt Ordinance No 1292 approving amendments to the Zoning Code for residential side yard setbacks for attached garages on twenty -five foot wide lots in the Single Family Residential (R -1) Zone, and a Negative Declaration of Environmental Impacts in accordance with the California Environmental Quality Act (CEQA) Environmental Assessment EA -465 and Zone Text Amendment ZTA 98 -7 Applicant City of El Segundo MOTION PASSED. 4/0/1. Mayor Pro -Tem Jacobs abstained MINUTES CITY COUNCIL REGULAR MEETING JANUARY 19, 1999 -7 00 P M PAGE NO 6 6 A General Plan Amendment 98 -2, and Zoning Change 98 -2 to amend the Land Use designation from Downtown Commercial to Multi - Family Residential, and change the Zoning Map from Downtown Commercial (CRS) to Multi - Family Residential (R -3), and, a Negative Declaration of Environmental Impacts in accordance with the California Environmental Quality Act (CEQA), Environmental Assessment EA -447 Applicant James R Obradovich Due to potential conflict of interest, Mayor Pro -Tem Jacobs did not participate in discussion of this item City Attorney, Mark Hensley, read Ordinance No 1293 by title only ORDINANCE NO. 1293 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, APPROVING ENVIRONMENTAL ASSESSMENT EA -447, ZONE CHANGE 98 -2, AND GENEREAL PLAN AMENDMENT 98 -2, THEREBY CERTIFYING A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACTS AND APPROVING THE CHANGE IN ZONING AND LAND USE DESIGNATION FROM DOWNTOWN COMMERCIAL (CR -S) ZONE TO MULTI- FAMILY RESIDENTIAL (R -3) AT 360 RICHMOND STREET, PETITIONED BY JAMES R OBRADOVICH MOVED by Council Member Wemick, SECONDED by Council Member Gaines, to adopt Ordinance No 1293, approving General Plan Amendment 98 -2 and Zoning Change 98 -2 to amend the Land Use designation from Downtown Commercial to Multi - Family Residential, and change the Zoning Map from Downtown Commercial (CRS) to Multi - Family residential (R -3), and a Negative Declaration of Environmental Impacts in accordance with the California Environmental Quality Act (CEQA), Environmental Assessment EA -447 Applicant MOTION PASSED. 4/0/1. Mayor Pro -Tem Jacobs abstained D. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS: 7 Open recruitment process for positions on Committees, Commissions and Boards (CCBs) whose terms will expire in 1999 It was the consensus of Council to direct Staff to schedule interviews for the Community Cable Advisory Committee on February 2, 1999, and to immediately commence recruitment for upcoming vacancies 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 8 Warrant Numbers 2254557- 2254846 in total amount of $1,002,160 03, and Wire Transfers in the amount of $984,597 60 MINUTES Q CITY COUNCIL REGULAR MEETING JANUARY 19, 1999 -7 OQ P M PAGE NO 7 9 City Council meeting minutes of January 5, 1999 10 Examination plans for the Personnel Merit System Job classifications of Accounts Specialist Il, Accounting Manager, and Police Lieutenant 1 I Proposed revision to the class specification for the Job classification of Police Lieutenant 12 PULLED FROM CONSENT CALENDAR — COUNCIL MEMBER WERNICK 13 Acceptance of skid - resistant flooring for Fire Station No 1, specifications no PW 98 -8 (final contract amount = $16,000 00) 14 Acceptance of the trenchless rehabilitation of sewer mains at various locations, Specifications No PW 98 -6 (final contract amount = $90,804 45) 15 PULLED FROM CONSENT CALENDAR — COUNCIL MEMBER WERNICK MOVED by Council Member Wemick, SECONDED by Council Member McDowell, to approve Consent Calendar Item Nos 8, 9, 10, 11, 13 and 14 MOTION PASSED UNANIMOUSLY. 510. CALL ITEMS FROM CONSENT AGENDA 12 Proposed revision to the class specification for the Job classification of Purchasing Agent Staff was directed to implement revision to class specification, as amended in paragraph 2, line 2, to add the word "related" before the word "services" MOVED by Council Member Wemick, SECONDED by Council Member McDowell, to approve the proposed revision to the class specification for the Job classification of Purchasing Agent MOTION PASSED UNANIMOUSLY. 5/0. 15 Comprehensive Annual Financial Report and Related Documents for Fiscal Year Ended June 30, 1998 Council Member Wemick thanked Staff for an excellent report MOVED by Council Member McDowell, SECONDED by Council Member Wemick, to approve the Comprehensive Annual Financial Report and related documents for Fiscal Year ended June 30, 1998 MOTION PASSED UNANIMOUSLY. 5/0. F. NEW BUSINESS — NONE G. REPORTS - CITY MANAGER City Manager, Mary Strenn, reported that Staff is currently preparing a report regarding Y2K, which will be forwarded to Council in the near future, and advised that Barbara Pearson has accepted a position with the City of Burbank and that Debra Brighton will serve as Interim Library Director H. REPORTS — CITY ATTORNEY - NONE MINUTES CITY COUNCIL REGULAR MEETING O C JANUARY 19, 1999 - 7 00 P M J PAGE NO 8 I. REPORTS - CITY CLERK Marlene Baker, Minutes Secretary, wished Cindy Mortesen, City Clerk, a speedy recovery J. REPORTS - CITY TREASURER - NONE K. REPORTS - CITY COUNCILMEMBERS Council Member McDowell - NONE Council Member Gaines — 16 Report on the City's participation in the Southern California Cities Consortium ( "SCCC ") Council Member Gaines reported that he attended a recent SCCC meeting and that the membership is interested in restructuring the membership to change those cities who are not represented regularly to associate members 17 Discussion on the "Intelligent Transportation System After discussion, it was the consensus of the Council that the County of Los Angeles should take the lead regarding this item Council Member Gaines advised that the Beach Cities CAER are participating with business in a Y2K forum on Wednesday, February 20, 1999, at the Hacienda Hotel, and was advised that the City Hall Space Utilization Study will include the Council Chambers Councilmember Wernick Staff was directed to develop a procedure for publicizing the Traffic Committee's complaint procedures, advised that a recent article in the Daily Breeze regarding Nash Street is erroneous, and felt that all Council Members should participate in the upcoming airport presentations Mayor Pro Tem Jacobs Mayor Pro Tern Jacobs reported on the status of protects undertaken by the South Bay Council of Governments Mayor Gordon Mayor Gordon advised of recent airport presentations, commended Candle Software for relocating to El Segundo, reported that he is working on suggestions for honoring Hall of Fame inductee, George Brett, and that the Downtown RFP's will be sent out shortly 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 MINUTES CITY COUNCIL REGULAR MEETING JANUARY 19, 1999 -7 00 P M 026 PAGE NO 9 MEMORIALS -in memory of (a) Clayton Hall, one of the City's 75' anniversary "Diamonds," passed away December 28, 1998, (b) Felix Roberto Cortes, father of Lisa Bonilla, passed away January 2, 1999, (c) Lillian Money, former City employee, passed away Saturday, January 9,1999, and (d) Ralph Cape, husband of former City employee, Helen Capo, passed away January 15, 1999 CLOSED SESSION - NONE REPORT OF ACTION TAKEN IN CLOSED SESSION - NONE ADJOURNMENT — 10 20 p in Marlene Baker, Minutes Secretary MINUTES 7 CITY COUNCIL REGULAR MEETING JANUARY 19, 1999 - 7 00 P M PAGE NO 10 EL SEGUNDO CITY COUNCIL MEETING DATE: February 2, 1999 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Calendar AGENDA DESCRIPTION: Resolution Approving the Joint Powers Agreement to Provide for Inter - Agency Cooperation in Major Natural or Man - Made Disaster RECOMMENDED COUNCIL ACTION: Approve Resolution Approving the Joint Powers Agreement to Provide for Inter - Agency Cooperation in Major Natural or Man -Made Disaster INTRODUCTION AND BACKGROUND: In 1965 the City of El Segundo adopted a Joint Powers Agreement with Area G cities for inter- agency cooperation in major natural or man -made disasters Area G is comprised of 14 South Bay cities including El Segundo, Gardena, Hawthorne, Hermosa Beach, Inglewood, Lawndale, Lomita, Manhattan Beach, Palos Verdes Estates, Rancho Palos Verdes, Redondo Beach, Rolling Hills, Rolling Hills Estates, and Torrance Since 1965, Area G has hired a full -time disaster management coordinator and the State has implemented the Standardized Emergency Management System The Area G Coordinator provides disaster planning and training services, and is our liaison to the Los Angeles County Operational Area, the Governor's Office of Emergency Services, and the Federal Emergency Management Agency The Area G cities have been operating with these changes for many years but the Joint Powers Agreement has not been updated Therefore, the Area G Disaster Management Coordinator revised the old Joint Powers Agreement to reflect these changes The revised agreement does not include any changes that have not already been implemented The County of Los Angeles has reviewed and approved the revised agreement and all fourteen Area G cities are in the process of having it adopted ATTACHED SUPPORTING DOCUMENTS: Resolution Adopting the Joint Powers Agreement to Provide for Inter - Agency Cooperation in Major Natural or Man -Made Disaster The Joint Powers Agreement to Provide for Inter - Agency Cooperation in Major Natural or Man -Made Disaster FISCAL IMPACT: An appropriation of $5,700 is contained in the adopted 1998199 operating budget in account #001- 400- 3155 -6214 No additional funds are required ORIGINATED. �� Date: February 2, 1999 S n Duenas, Dis ster Preparedness oordi or 2 (J 028 6 RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, APPROVING THE JOINT POWERS AGREEMENT TO PROVIDE FOR INTER - AGENCY COOPERATION IN MAJOR NATURAL OR MAN -MADE DISASTER THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, DOES FIND, DETERMINE, AND RESOLVE AS FOLLOWS SECTION I That the Joint Powers Agreement by and between Area G, El Segundo, Gardena, Hawthorne, Hermosa Beach, Inglewood, Lawndale, Lomita, Manhattan Beach, Palos Verdes Estates, Redondo Beach, Rolling Hills, Rolling Hills Estates and Torrance, copy of which has been received and filed with this Council concurrent with the adoption of this said Resolution, be and the same hereby approved and the City of El Segundo hereby agrees to abide by the terms and conditions thereof SECTION 2 That the Mayor of the City is authorized and directed to execute said agreement for and in the name of the City of El Segundo, and the City Clerk of the City is authorized and directed to attest to the same PASSED, APPROVED AND ADOPTED this 2nd day of February, 1999 Mike Gordon, Mayor ATTEST STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I, Cindy Mortesen, City Clerk of the City of El Segundo, do hereby certify that the whole number of members of the City Council of said City is five, that the foregoing Resolution No was duly passed and adopted by said City Council, approved and signed by the Mayor of said City, and attested to by the City Clerk of said City, all at a regular meeting of said Council held on the 2' day of February, 1999, and the same was so passed and adopted by the following vote AYES NOES ABSENT ABSTAIN Cindy Mortesen, City Clerk APPROVED AS T ark ensley, City A ey 029 JOINT POWERS AGREEMENT TO PROVIDE FOR INTER- AGENCY COOPERATION IN MAJOR NATURAL OR MAN -MADE DISASTER DISASTER MANAGEMENT AREA G Los Angeles County Operational Area WHEREAS, natural or man -made disasters such as earthquakes, fires, floods, civil unrest, acts of terrorism or other physical manifestations may affect the peace, health, safety and general welfare of large numbers of persons and extensive areas, and WHEREAS, the State of California has adopted the Standardized Emergency Management System ( "SEMS ") pursuant to Title 19, Division 2 of the State's Code of Regulations requiring all local governments within a county geographic area to be organized into a single Operational Area, "-Z WHEREAS, in accordance with SEMS, the Board of Supervisors of the County of Los Angeles established the Los Angeles County Operational Area ( "Operational Area ") on July 5, 1995, with the County of Los Angeles serving as the lead agency of the Los Angeles County Operational Area, and WHEREAS, to enable the Los Angeles County Operational Area to accomplish the objectives of SEMS by promoting greater efficiencies in disaster management, planning, training, and preparedness, it is essential to coordinate the efforts of the cities within the Los Angeles County Operational Area, and WHEREAS, such coordination can be accomplished by cooperative management, planning, training, and preparedness action through responsible agencies prior to the time disaster response is required, and w9ag1pa wpd 030 WHEREAS, there have been established Disaster Management Areas (previously known as "Civil Defense Areas ") within the Los Angeles County Operational Area, each having a Disaster Management Area Coordinator who serves as a representative on the Operational Area Advisory Board to facilitate communication between the cities and the Operational Area, and WHEREAS, the parties to this Agreement are located within Disaster Management Area G of the Los Angeles County Operational Area and, therefore, have mutual interests and objectives to accomplish with reference to disaster management, planning, training and preparedness within said Area G, and WHEREAS, the power to prepare for and mitigate natural or man -made disasters, and the power to act in case of emergency or disaster, are all powers common to the parties to this Agreement; and WHEREAS, that in order to efficiently and adequately exercise the powers herein above referred to, it is essential that skilled personnel, charged with the duty of coordinating disaster management efforts, should be provided in order to obtain maximum benefits, and WHEREAS, that the parties to this Agreement believe the arrangements and provisions provided by this Agreement will best serve the public peace, health, safety, and general welfare of said respective parties, and of the Los Angeles County Operational Area and, therefore, shall supersede any prior agreement concerning Civil Defense Areas or Disaster Management Areas NOW THEREFORE, in consideration of the foregoing recitals and of the benefits which will be derived from the coordination of disaster management, planning, training and preparedness efforts, and the availability of skilled personnel with adequate knowledge for coordination purposes, the parties hereto do hereby mutually covenant and agree with each other, under the power and authority to do so granted under the provisions of Chapter 5 of Division 7 of Title 1 (Section 6500 et seq ) of the Government Code of the State of California, as follows wre gjpa wpd 03 1.0 Purpose 1 1 The purpose of this Agreement is to promote the coordination of disaster management, planning, training and preparedness efforts of the parties by cooperative planning and related activity under the direction of a Disaster Management Area Board This Agreement shall supersede any prior agreement by the parties hereto concerning these matters 20 Creation of Disaster Management Area Board 2 1 There is hereby created the Disaster Management Area G Board ( "Governing Board ") The Governing Board at a minimum shall consist of one representative from each party who shall be appointed to the Governing Board by the governing body of each party, and who may be removed at any time by such governing body Each party may appoint an alternate who may act in the absence of the designated representative No representative or alternate shall be appointed who is not an official or employee of the appointing party. At its option, the Governing Board may create an Executive Board or any standing committees as required. 3.0 Powers of the Disaster Management Area Board 3 1 Within 60 days after this Agreement is formally approved by a minimum of three(3) parties, including two (2) cities and the County, the current Coordinator for the existing Civil Defense Area G or Disaster Management Area G, in conjunction with the County Operational Area Office of Emergency Management, shall assist this Governing Board to provide for implementation of the provisions of this Agreement 32 The Governino Board shall determine the most appropriate means to provide direct coordination and communication between the Los Angeles County Operational Area and the parties to this Agreement This may include retaining a full -time Disaster Management Area Coordinator, wwgjpawpd 032 or designating a lead agency to serve as Disaster Management Area Coordinator to work cooperatively to strengthen the Disaster Management Area as part of the Operational Area in disaster management, planning, training and preparedness If the Governing Board designates a Coordinator who is not a lead agency or an employee of a parry, the terms and conditions governing the services of the Coordinator shall be established by the Governing Board who shall designate the administrative practices The Disaster Management Area Coordinator shall act as the Governing Board's representative on the Operational Area Advisory Board 33 Standard duties of the Disaster Management Area Coordinator or designated lead agency functioning in that capacity shall minimally include those identified in the attached "Duty Statement" Optional responsibilities listed in the Duty Statement may be modified as necessary by said Board in meeting its specific needs 34 The Governing Board shall have such powers as are granted by statute to general law cities to perform the duties specified in this Agreement, and such powers are subject to the same restrictions upon the manner of exercising the powers as in a general law city. 35 The Governing Board shall have the duty and responsibility to determine if personnel will be employed under this Agreement, the compensation of such personnel, the location of the Office Headquarters, all matters relating to policy and finance, and the overall supervision and direction of the personnel employed 36 Nothing contained in this Agreement shall be construed as granting to any board, person, or other entity, the responsibility or power of each of the parties hereto to protect against the loss of life and property solely within their respective jurisdictions The parties specifically retain such responsibility and power arsagjpa wpd 033 4.0 Rules of the Board 41 A simple majority of said Board shall constitute a quorum for the transaction of business unless otherwise designated by the Governing Board The Governing Board shall elect one of its own members as Chair of the Governing Board. The Governing Board shall provide for the time and place of its own meetings, shall promulgate its own rules, and conduct its business according to Robert's Rules of Order It shall cause to be kept a record of its proceedings and shall furnish a copy thereof to each of the parties hereto 5.0 Audit 5 1 If in the process of conducting its duties the Governing Board receives funds, property or other assets from any source, said Governing Board shall be strictly accountable for those assets and shall report all receipts and disbursements, as provided in the Addendum to this Agreement 52 Any party shall have the right during regular business hours to examine, inspect, review and copy, at its own expense, all books, records, accounts and other documents of the Governing Board relating to this Agreement 60 Duration of this Agreement 61 This Agreement shall take effect and be in full force as soon as such Agreement shall be duly executed by a minimum of three (3) parties, including two (2) cities and the County, and shall continue in full force and effect until such time as the member parties determine it is in the public interest to dissolve the Disaster Management Area G 62 The parties hereto shall have the right to withdraw from this Agreement effective July 1 of any calendar year by filing a written notice of intention to so withdraw from said Disaster Management Area on or before the first day of April of such year In the event of the withdrawal from this wr g)pawpd °` 03�� Agreement of one or more of the parties hereto, this Agreement shall continue and remain in full force and effect insofar as the remaining parties are concerned Any costs of the program provided for herein shall be borne by the remaining parties in accordance with the Addendum to this Agreement 7.0 Disposition of Assets 71 The party or parties electing to withdraw from this Agreement prior to final termination shall not be entitled to any refund or payment from any properties or assets accumulated as a result of the joint exercise of powers herein Upon final termination of this Agreement all property and any surplus or remaining funds acquired hereunder shall be distributed to the parties to this Agreement at the time of such termination in proportion to their contributions for the last calendar year during which the Agreement was effective 8.0 Amendments 8 1 This Agreement may be amended from time -to -time by the unanimous agreement of the parties 9.0 Counterparts 91 This Agreement may be executed in one or more counterparts and may include multiple signature pages, all of which shall be deemed to be one agreement Copies of this Agreement may be used in lieu of the original weagipa wpd 0 3 v 10.0 Liability 10.1 Employees of any party performing disaster management services on behalf of the Disaster Management Area shall remain employees of that party for the purposes of workers' compensation and no other party shall have liability for injury to an employee of another party. 102 Pursuant to Government Code Section 8954, each party hereby assumes the liability imposed on it, its officers and employees for injury caused by a negligent or wrongful actor omission occurring in the performance of that party's obligations under this Agreement to the same extent that such liability would be imposed in the absence of Government Code Section 895 2 Accordingly, each party shall defend, indemnify and hold harmless the other parties for any claim, demand, cause of action, loss, liability, damage, cost or expense that may be imposed on such party solely by virtue of said Section 895.2. IN WITNESS WHEREOF each party has caused this Agreement to be duly executed by its authorized officer(s) on the dates) set forth below Signature Page _ of JOINT POWERS AGREEMENT TO PROVIDE FOR INTER - AGENCY COOPERATION IN MAJOR NATURAL OR MAN -MADE DISASTER 0 DISASTER MANAGEMENT AREA G Name of Party Name/Title Date are glpawpd 036 ADDENDUM TO JOINT POWERS AGREEMENT Disaster Management Area G This addendum is hereby incorporated in the Joint Powers Agreement for Disaster Management Area G to provide for preparation of annual budgets, assessment of fees to the member parties and accounting of assets pursuant to this Agreement. (1) The respective parties hereto, with the exception of the County of Los Angeles, agree to pay their respective proportionate shares of the costs and expenses incident to the activities, operations and services covered by this Agreement Their respective proportionate shares shall be as the average of their respective populations and assessed valuations bear to each other, as estimated by Urban Research Regional Population Models, and the Los Angeles County Assessor as of January 1 of each year this Agreement is in effect The shares shall be based on a per capita rate (2) In lieu of the contribution formerly paid by the County, the County of Los Angeles shall pass through Emergency Management Assistance (EMA) grant funding, including funding for unincorporated area populations, in accordance with the approved EMA distribution plan, as appropriated annually by the Board of Supervisors (2 1) In the event that amount of EMA funding from the Federal or State governments declines, or is completely eliminated, the County of Los Angeles, as a party to this agreement shall contribute, at a minimum, an equal share of the costs and expenses incident to the activities of Area G on the same basis as any other member It is agreed by all parties to the agreement, that the above contribution by the County is contingent upon the availability of funds and the appropriation of such funds by the Los Angeles County Board of Supervisors (3) The annual budgets shall be prepared and adopted by the Disaster Management Area G Board The proportional contribution shall be addressed in the budget preparations and approved by the Disaster Management Area G Board Minimum assessments may be established by the Area G Board Any funds remaining at the end of the fiscal year shall be carried over to the budget of the next fiscal year (4) No funds may be expended or obligated by the Disaster Management Area G Board in excess of the total amount received from the participating agencies, plus such grants or gifts as the Board may receive from other sources (5) The adopted budget shall be submitted to the respective parties hereto, on or before the first day of May each year, so as to enable legislative bodies of the respective parties to examine same prior to the beginning of each fiscal year and take such action with reference thereto, as they may desire, on their respective parts (5 1) The Board shall designate a member city to receive and disburse, on order of the Disaster Management Area G Board, all funds of the Area G Board with a complete accounting of all funds and expenditures to be furnished each member city for each fiscal year 037 (5 2) Pursuant to (5) above, and subject to the Executive Board's discretion, any surplus Area G funds retained by the designated city on June 30 shall be carried over to the budget of the next year unless otherwise directed (6) Payments by the respective parties are to be made to the Disaster Management Area G Board on or before July 31 of each year. The Disaster Management Area G Board shall be strictly accountable for all funds and shall make an annual report of all receipts and disbursements to the parties hereto for each fiscal year "" 038 areagjpa w pd LOS ANGELES COUNTY DISASTER MANAGEMENT AREA COORDINATORS (DMACS) DUTY STATEMENT Policy Statement —The first priority of any DMAC will be to the cities within his /her own Area, second priority will be assistance to the other Areas and cities within and to the Los Angeles County Operational Area (Op Area) Emergency Operations Center (EOC) (OAEOC) —City Liaison post Response to assistance requests will be to Areas of greatest need Mission Statement — Coordinate with Area cities in planning for preparedness, mitigation and recovery from emergencies /disasters Minimum Responsibilities /Services • Disseminate emergency management information received from the County /County Op Area to the Area cities • Work with the Op Area in development and submission of required EMA documents • Cooperate and participate with the Op Area and the County Office of Emergency Management (OEM) in operational planning, exercises and training affecting Area jurisdictions • Coordinate and communicate with other disaster services organizations during disasters • Attend pertinent federal, state, Op Area and other training programs, workshops and seminars to improve emergency programs, brief Area cities on essential or relevant information • Represent the Area at appropriate meetings, including Op Area, state, federal, private and non - profit organizations Optional Responsibilities /Services as Directed by the Area Board • Organize, conduct and assist in training programs, conferences, etc • Using available federal, state and local guidance, coordinate and assist, as appropriate, in the development of member cities' emergency plans, programs and policies • Conduct regular board meetings /workshops on relevant topics • Provide public information materials to member cities, general public, schools and businesses, respond to public inquiries, maintain an audio visual library and maintain information on resources available during a disaster Assist member cities in preparation and revisions of necessary ordinances and resolutions and other paperwork required by FEMA, State OES and /or Op Area Assist member cities in planning and organizing preparedness exercises, as requested 039 Minimum Responsibilities /Services (Cont.) • Liaison with the Sheriff's Department, Emergency Operations Bureau (EOB) and Station Coordinator, Red Cross Chapter(s), Los Angeles County (OEM) and other county departments, State OES and FEMA Coordinate with these agencies in special projects or programs • Prepare annual budget information, maintain all financial records • Maintain all records necessary for participation in EMA funding Optional Responsibilities /Services as Directed by the Area Board (Cont.) • Consult with and provide expertise for member cities who are developing Emergency Operation Centers (EOCs), including information on appropriate displays, supplies, communications systems, etc , as requested • Maintain the Area office, including record keeping, Area -wide information file, correspondence, and all clerical and secretarial duties DMAC Mutual Aid • Subject to availability, provide backup services for absent Area Coordinator Respond to urgent information requests and disseminate critical information to cities in the absence of their DMAC. Note. The amount of time given to any one activity will vary depending on the annual emergency management focus and emergency activations (Minimum Responsibility) Mission Statement — Advocate for Area cities and liaison with the Los Angeles County Operational Area (Op Area) Emergency Operations Center (EOC) ( OAEOC) as necessary, assist other Areas as requested, staff City Liaison post at OAEOC • Check in with Area cities to quickly determine the impact of the emergency /disaster • Provide a quick Area status report to the OAEOC to supplement individual cities' reports This is not a detailed or formal report It should be considered outside the normal reporting system and will provide the OAEOC with an indication of where potential problems might exist as well as indicate which Disaster Management Area Coordinators (DMACs) might be in the best position to directly provide staffing to assist the most heavily impacted Area(s) and the OAEOC (staffing may come from the DMAC or from a city within the DMAC's Area) • Get feedback from the OAEOC as to which DMAC Areas appear to be most heavily impacted and which appear least impacted Feedback will include a recommendation from the OAEOC as to which DMAC should provide staffing to the OAEOC (staffing may come from the DMAC or from a city within the DMAC's Area) • DMAC or selected city provides shift staffing to the OAEOC to represent concerns of cities, to ensure that the needs and concerns of cities are properly represented in the OAEOC, and to participate, as appropriate,' in the development of solutions affecting cities 040 EL SEGUNDO CITY COUNCIL MEETING DATE: February 2, 1999 AGENDA ITEM STATEMENT AGENDAHEADING: Consent AGENDA DESCRIPTION: Accept donation of equipment and supplies from Pacific Pipeline System Inc valued at $43,000 COUNCIL ACTION: Accept donation INTRODUCTION AND BACKGROUND: The El Segundo Fire Department has begun receiving equipment allocated for petroleum pipeline emergencies in the City of El Segundo Other Fire Departments have already received similar equipment from Pacific Pipeline Systems, Inc (PPSI) through a "Mitigation Monitoring Agreement' for cities requiring franchise agreements with PPSI Because the PPSI pipeline follows easting railroad right -of -ways in El Segundo, no franchise agreements were required for pipeline construction However, PPSI would like to provide the El Segundo Fire Department with the same type of equipment supplied to other Departments to ensure necessary equipment and supplies are available for pipeline emergencies PPSI has already provided initial training on how to respond to pipeline emergencies and plans to maintain the proposed equipment on an annual basis The equipment is estimated at $43,000 00 and is specifically designed for pipeline emergencies A trader is also included to transport the specialized equipment DISCUSSION: The El Segundo Fire Department and Pacific Pipeline Systems, Inc have been working in cooperation with several other Fire Departments along the PPSI pipeline The design and selection of equipment was made through consensus and is designed to be compatible with mutual aid agencies The equipment complements our wasting resources and will be beneficial for petroleum firefighting and other types of emergencies ATTACHED SUPPORTING DOCUMENTS: Letter from Pacific Pipeline System, Inc List of equipment and supplies to be donated to Fire Department FISCAL IMPACT: (Check one) Operating Budget Capital Improv. Budget: Amount Requested: Project/Account Budget: Project/Account Balance: Date: Account Number: Project Phase: MIM REVIEWED BY: Date: /-, /q9 Date: 1 2� y 0 4_' 7 PA(IEI( PIPELINE SYSTEM, IN(. December 30, 1998 Craig S Pedego, Fire Chief City of El Segundo Fire Department 314 Main Street El Segundo, CA 90245 Dear Chief Pedego- Subject Donation to the Fire Department RECEIVED JAN - 5 1999 EL SEGUNDO FIRE DEPT. Pacific Pipeline System is a new 20 inch petroleum pipeline from Kern County to the refineries in Los Angeles County In compliance with mitigation measures contained in the final Environmental Impact Report (EIR), Pacific Pipeline would like to donate certain supplies and equipment to the El Segundo Fire Department in accordance with the attached list The design of the equipment and the content of the supply list has been coordinated with representatives of various City Fire Departments We estimate the cost of the subject equipment at 43,000 dollars The El Segundo Fire Department, along with all other Fire Departments along the route of the pipeline, have been actively involved in the planning process for Pacific Pipeline and have received first response and oil spill response training specifically for the Pacific Pipeline Please accept this donation of equipment and supplies for any response involving pipeline emergencies in your area As discussed at previous meetings, Pacific Pipeline will annually review equipment and supply needs to replace equipment or materials involved in routine maintenance or pipeline training and emergencies If you have any questions regarding this donation, please do not hesitate to contact me at (818) 556 -2744 Sincerely, omasRooney Pacific Pipeline System, Inc 042 S\WPVI SWORMWmlienb WtF � 111 NORTH FIRST STREET, SUITE 100, BURBANK, CALIFORNIA 91502 ' ' >) Quantity Description 1 Trailer of a sufficient size and design to contain the following • 200 gallon foam tank • 500 gpm monitor • line proportioner • 2 foam application nozzles (Elkhart or TFT) The trailer shall have a removable cover. 5 bales Absorbent Pads (200 sq ft per bale) 400 feet Absorbent Boom (8" x 10' logs) 60 pairs Tyvec Overall 80 Pairs Nrtnle Glove (13mm) 60 pairs Tyvec Overboot 500 gallons AFFF 3% Foam Concentrate Class A (of 5 gal. or Class B foam (shelf life of 5 -10 capacity) years) 4 Brooms 5 Shovels 5 Squeegees 2 Scrapers 1 CGI Monitor 4 Vetter Bags 043 3 EL SEGUNDO CITY COUNCIL MEETING DATE February 2, 1999 AGENDA ITEM STATEMENT AGENDA HEADING- Consent Agenda AGENDA DESCRIPTION Request for the City Council to approve a bid from Pacific Bell to relocate existing serial cable and hardware for the automated system, INNOPAC, to the new Library computer systems room (Fiscal impact $6,130 from Outside Services Trust Public Library Fund ) RECOMMENDED COUNCIL ACTION Authorize appropriation of $6,130 00 from Public Library Fund (Outside Service Trust) account 708- 8103 -6215 for recabling and relocation of existing Library Automation System equipment INTRODUCTION AND BACKGROUND The upgrade of the Library's INNOPAC system in January 1998, with a new DEC ALPHA server, an additional external hard drive, and two additional Lantromx boxes, created a severe overcrowded situation in the small computer workroom The excess cabling created by this addition is now difficult to manage and maintain This proposed recabling project will centralize the library's INNOPAC and INTERNET networks into one large Library computer systems room and will make maintenance of the cables and equipment more efficient DISCUSSION The proposed cabling project would be the first phase in transitioning our INNOPAC system from serial to Ethernet connectivity for placing our Library's catalog on the Internet for greater accessibility by the public This complies with our Library's Master Technology Plan, which is referenced as a component of the City's Master Technology Plan We are requesting Council to authorize an appropriation of $6,130 from the Public Library Fund Outside Services Trust Account for this expenditure ATTACHED SUPPORTING DOCUMENTS 1 Bid proposal by Pacific Bell Network Integration FISCAL IMPACT (Check one) Operating Budget x Capital Improv Budget Amount Requested $6.130.00 Project /Account Budget Project /Account Balance Date Account Number 708 - 8103 -6215 Project Phase Appropriation Required - Yes x No ORIGINAT/ED_ Date Barbara J Pearson, Library Director REVIEWED BY Date. EN 044 JAN -2519lMOM 15 47 FINANCE oi/1.2/99 'rUE 02.17 PAIL 805 5335111 Cl IN N, VACIFICQnELL Mel wur+ll IitIa0t^a1lo)n =10 640 2547 TEL 310 h40 2543 P 002 '�'d` 5335113 Torn nartliolLt, IA003 6379 Ciork Avarlue Dublin, Cuhlornla 94566 Tal (510) 8038000 Fax (5 10) BD3 5906 w pbnl corn January 12, 1999 PBNI Quota #990104T EL SEGUN00 LIBRARY 111 W MIRA PQSA AVE EL SEGUNDO, CA RE Mein Computer relocation PactFc Bell Network Integration (PBNI) Is pleased to provide a quotation for the above referenced project Scope P1 Work: 1 Provide material and labor to extend the existing 40 station cables located In the Computer location to the newly Installed Cabinet In the Mezzanine 2 Install a 72 port and 24 port patch panel In the new Cabinet and terminated a 100 pair ARMM rated cable that will connect the two locations (Computer location to the Mezzanine) 3 Provide and Install 8' Patch Cords to connect the Patch Panels with the customer's multiplex equipment 4 All cables will be terminated and tested as per Industry Standards Total.,....,.... . $ 6,13o.0o Asgumotlons / Quall iers; 1 Customer provides all plans and permits 2. Customer existing conduit can be over - ridden and Is accessible 3 Customer will provide all plywood backboards as per ANSIlEIAl1'IA -569 4 All customer conduits will be sized per ANSUEINTIA -569 for proposed cable placement and will be labeled an at and 5 Customer will provide adequate clearance and parking for all proposed placement and access to all work areas 6 Customer will be responsible for all hazardous material removal and abatement 7 Customer will open and provide timely access with clear pathways to all proposed Installation locations 8 Pacific Hell Network Integration does not guarantee customer's existing cable facilities 9. Mastsc to work as subcontractor to Pacific Bell Network Integration 045 310 649 2543 JAN - 25'991MON) 15 48 FINANCE TEL 310 6411 2545 P 003 805 533511'; 01/12/99 'rifF 02'18 FAX 805 5333113 Tam Burlholor Z003 1� 0379 Clad. Avenue []uplln, Csllfarnla 84568 Tnl (510) 803$000 Fav (510) 803-5806 vnn� phni rom G„CIFICt, OR). lueltvol'It (tlt�'I�i'�illPPt Page 2 PBNI quote A 000104T PAYMENT SCHEDULE' PROGRESS)i PAYMENTS Progress billings, commensurate with the work completed will be made monthly until ninety percent (901A) of the work Is billed Terms for the payment of all Invoices are net th rty (30) days with a one and one half (1 112 %) monthly Interest charge on all past due accounts In the event legal action Is Instituted to enforce any of the terms or conditions of this proposal, the prevailing Party shall be entitled to recover attorney's fees and collection costs We are prepared to start work once contract has been signed Actual construction will begin 5 days after material delivery Material lead time Is 5 days Protect length Is estimated to be 6 days Proposal Is firm for (30) days Should you have any further questions, or require any additional Informauon, please do not hesitate to contact Tom Bartholet at 805- 533 -5109 Please reference our quote number as shown In the upper Tight comer of page one Respectfully submitted, PBNI Tam Bartholet System Engineer 046 City of EI Segundo Accepted day Of _ . — _ — , 1989 By EL SEGUNDO CITY COUNCIL. AGENDA ITEM STATEMENT AGENDA DESCRIPTION: MEETING DATE: 1/2/" AGENDA HEADING: CONSENT CALENDAR AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO AMENDING SECTION 5.40.160 ENTITLED "TRANSFERABILITY," OF CHAPTER 5 04 ENTITLED "LICENSES IN GENERAL; OF TITLE 5 ENTITLED "BUSINESS REGULATION AND LICENSING,' OF THE EL SEGUNDO MUNICIPAL CODE RELATING TO BUSINESS ACQUISITIONS AND MERGERS RECOMMENDED COUNCIL ACTION: Second reading of Ordinance described above INTRODUCTION AND BACKGROUND: (continued on next page) ATTACHED SUPPORTING DOCUMENTS: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO AMENDING SECTION 5 40 160 ENTITLED "TRANSFERABILITY; OF CHAPTER 5 04 ENTITLED 'LICENSES IN GENERAL,' OF TITLE 5 ENTITLED 'BUSINESS REGULATION AND LICENSING,' OF THE EL SEGUNDO MUNICIPAL CODE RELATING TO BUSINESS ACQUISITIONS AND MERGERS FISCAL IMPACT: Operating Budget: Capital Improvement Budget: Amount Requested: Project/Account Budget: Project/Account Balance: Account Number: Project Phase: Appropriation Required: Date: NA ORIGINATED: Date: t,�o4 ��� fir 112-6-1147 9 Bret Plumlee, Director of Finance 047 J INTRODUCTION AND BACKGROUND: The El Segundo Municipal Code (the'Code7) provides that business licenses are not transferable and that all new businesses must pay the business license tax imposed therein However, the Code does not contain definitions relating to transferability nor to what constitutes anew business Accordingly, where a business has been acquired through a sale of assets or a merger and continues to operate in substantially the same manner, the new owner of the business has been assessed a business license tax even though the previous owner had paid the full amount of the business license tax due for the year in which the business was acquired. This creates a perceived inequity where a business owner may, for example, pay the business license tax in January and sell the business in March The new business owner would be liable for the full amount of the business license tax for the year in which the business was acquired, thereby creating a perception of double taxation The applicable Code provisions clearly intend to prohibit the transfer of a business license from one type of a business to another. It is the further intent of the Code that entirely new businesses being established for the first time within El Segundo must pay the business license tax However, it may not be the intent of the Code to require a business license tax to be paid twice in the same year for essentially the same business Thus, the ordinance attached hereto would clarify that where a business that is properly licensed under the El Segundo Municipal Code is acquired by a new owner and such business will continue to operate in substantially the same manner as it did prior to the acquisition, the new owner may obtain a license for the business for the unexpired calendar year upon surrendering the license issued to the previous owner and the payment of a sic dollar ($6 00) processing fee The ordinance would provide further that such an acquisition would not be deemed to be a new business for purposes of the business licensing provisions of the Code ORDINANCE NO 1294 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO AMENDING SECTION 5.04.160 ENTITLED "TRANSFERABILITY," OF CHAPTER 5.04 ENTITLED "LICENSES IN GENERAL," OF TITLE 5 ENTITLED "BUSINESS REGULATION AND LICENSING," OF THE EL SEGUNDO MUNICIPAL CODE RELATING TO BUSINESS ACQUISITIONS AND MERGERS THE EL SEGUNDO CITY COUNCIL DOES ORDAIN AS FOLLOWS SECTION 1 Section 5 04 160 entitled "Transferability," of Chapter 5 04 entitled "LICENSES IN GENERAL," of Title 5 entitled 'BUSINESS REGULATION AND LICENSING,' of the El Segundo Municipal Code is hereby amended to read as follows "5 04 160 TRANSFERABILITY a Transferability Generally Licenses are nontransferable however, an owner of a relocated business may obtain a license for the business at the new location for the unexpired calendar year upon surrendering the license issued for the former place of business and the payment of a six dollar fee b Acquisition of a Business Notwithstanding anything in this Code to the contrary, where a business that is properly licensed under this Code is the subject of an acquisition, merger or reorganization and the nature of such business will remain substantially the same as prior to the acquisition, merger or reorganization, the owner or new owner, as the case may be, may obtain a license for the business for the unexpired calendar year upon surrendering the previously Issued license and the payment of a six dollar fee The owner or new owner, as the case may be, shall provide documentation verifying such acquisition, merger or reorganization to the satisfaction of the Director of Finance The acquisition, merger or reorganization of an ongoing business that is properly licensed under this Code where the nature of such business will remain substantially the same as prior to the acquisition, merger or reorganization shall not be deemed to be a new business for purposes of Title 5 of this Code " SECTION 2 If any section, subsection, subdivision, paragraph, sentence, clause of phrase of this Ordinance or any part thereof is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance or any part thereof The Ell Segundo City Council hereby declares that it would have passed each and every section, subsection, subdivision, paragraph, sentence, clause of phrase, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases by declared invalid or unconstitutional ORDINANCE NO 1294 049 RELATING TO BUSINESS ACQU S T ONS AND MERGERS PAGE NO 1 SECTION 3 The City Clerk shall certify to the passage and adoption of this Ordinance, shall make a note of the passage and adoption thereof in the records of the meeting at which the same Is passed and adopted, and shall within 15 days after the passage or adoption thereof cause the same to be published or posted In accordance with the law PASSED, APPROVED, AND ADOPTED ON ,1999 Mike Gordon, Mayor ATTEST STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I, Cindy Mortesen, City Clerk of the City of El Segundo, California, do hereby certify that the whole number of members of the City Council of said City is five, that the foregoing Ordinance No 1294 was duly introduced by said City Council at a regular meeting held on the 191' day of January, 1999, and was duly passed and adopted by said City Council, approved and signed by the Mayor and attested to by the City Clerk, all at a regular meeting of said Council held on the day of , 1999, and the same was so passed and adopted by the following vote AYES NOES ABSENT ABSTAIN Mortesen, City Clerk APPROVED AS TO FORM ark D Hensley, City Attorn ORDINANCE NO 12 9 4 050 RELATING TO BUSINESS ACQUISITIONS AND MERGERS PAGE NO 2 EL SEGUNDO CITY COUNCIL MEETING DATE: February 2, 1999 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Water Service Agreement between Chevron Products Company, West Basin Municipal Water District, and the City of El Segundo (no fiscal impact) RECOMMENDED COUNCIL ACTION: Approve the contract with authorization for the Mayor to execute on behalf of the City INTRODUCTION AND BACKGROUND: Since the development of the water reclamation facility, West Basin Municipal Water District has been working with Chevron to find uses for the reclaimed water they produce Currently, Chevron is using reclaimed water for irrigation and cooling tower water DISCUSSION: Chevron and West Basin have developed an agreement whereby West Basin will provide the City, and the City will in turn provide Chevron, high quality reclaimed water suitable for boiler feed water The term of the agreement is fifteen (15) years and the City has minimal obligations under the agreement, i e , the City is only required to provide water as made available by West Basin and required by Chevron, and the City must bill Chevron for its use of water West Basin will be adding new treatment facilities on their site in order to produce water suitable for Chevron's use They will be providing Chevron up to 4,800 acre -feet per year This agreement helps the area reduce its demand for imported water by 4,800 acre -feet per year by utilizing the water produced at the West Basin Facility The adopted City water rate structure was developed to ensure that the Water Utility would not be adversely impacted by the conversion of our customers from potable to reclaimed water Included in the City's last water rate study was the identifcaton of the system operation and maintenance cost excluding the cost to purchase water The City's reclaimed water rate structure includes the cost of reclaimed water plus the system operation and maintenance cost. The result is that the City recovers its operation and maintenance per unit of water sold irrespective of whether the water is potable or reclaimed The City Attorney has reviewed the attached agreement and approved it as to form ATTACHED SUPPORTING DOCUMENTS: Copy of the Water Service Agreement between Chevron Products Company, West Basin Municipal Water District, and the City of Ell Segundo FISCAL IMPACT: Operating Budget: Capital Improvement Budget: Amount Requested: Project/Account Budget: Project/Account Balance: Account Number: Project Phase: Appropriation Required: N/A Date: Date: �ir /99 ` N \COUNCIL\PW- FEB0201 (Monday 1/25199200PM) 05 El/] W767 EXECUTION COPY WATER SERVICE AGREEMENT This Agreement, made as of the day of February, 1999 by and between CHEVRON PRODUCTS COMPANY, a division of Chevron USA Inc, a Pennsylvania corporation (`CHEVRON "), and WEST BASIN MUNICIPAL WATER DISTRICT ( "DISTRICT "), and THE CITY OF EL SEGUNDO (`CITY ") WHEREAS, CHEVRON operates a petroleum refinery in the City of El Segundo, County of Los Angeles, State of California (the "Refinery"), and WHEREAS, DISTRICT is a public utility in the business of, inter alia, wholesaling non- potable water to customers, including CITY, and WHEREAS, CHEVRON wishes to purchase from CITY, which in turn will purchase from DISTRICT, non - potable water for use in CHEVRON's boilers and DISTRICT wishes to sell such water to CITY for such purpose, NOW THEREFORE, the parties agree and covenant as follows Provision of Water (a) At CHEVRON's request DISTRICT will provide to CITY and CITY in turn will provide to CHEVRON high quality reverse osmosis water suitable for both high and low pressure boiler feed (b) DISTRICT will provide water which meets the specifications set out in Exhibit "A" attached hereto and incorporated herein, and to produce the low and high pressure boiler feed water at a refinery level of reliability 052 01/19199 EXECUTION COPY (c) CHEVRON shall have no obligation to take all or any part of the water subject to this Agreement In the event that CHEVRON decides it no longer requires some or all of the boiler feed water subject to this Agreement, DISTRICT will use its best efforts to find other users to purchase such unneeded water However, CHEVRON shall be obligated to pay the fixed monthly meter charge set out in Section 4 below for the remainder of the term of this Agreement, less any fixed monthly meter payments made by other users for such water CITY shall only be obligated to take and provide water pursuant to this Agreement to the extent such is required by CHEVRON and is made available by DISTRICT (d) Commencing no later than twenty -six (26) months from the date of this Agreement, DISTRICT will provide to CITY and CITY will provide to Chevron up to 1200 gpm of low pressure boiler feed water and up to 1800 gpm of high pressure boiler feed water (e) If DISTRICT fails to supply water of the quality and/or in the amounts set forth in this Agreement DISTRICT will reimburse CHEVRON for all costs in excess of those which CHEVRON is responsible for under this Agreement which CHEVRON incurs to acquire an equivalent quality and quantity of water CITY shall have no obligation or habrility to either CHEVRON or DISTRICT in such event This reimbursement will continue until DISTRICT arranges to supply CHEVRON with the quality and quantity of water specified in this Agreement Either party shall be excused from all obligations under this Section 1(e) to the extent performance is prevented by a force maleure For purposes of this Section 1(e), a force maleure includes only Acts of God or government action that prevents performance 2 Term Unless earlier terminated pursuant to the terms hereof, this Agreement shall commence on the date first set forth above and shall terminate fifteen (15) years after first request by CHEVRON for delivery of boiler feed water to CHEVRON by CITY pursuant to this Agreement At the end of the term of this Agreement, the parties agree to negotiate in good faith to enter into a new contract for provision of such water consistent with rates and charges of the DISTRICT for similar service The foregoing not withstanding, nothing contained herein shall require the parties to enter into such a contract 0 5 3 01119(99 EXECUTION COPY 3 Termination (a) If the boiler feed water contains quantities of minerals in excess of the maximum amounts listed in Exhibit "A ", DISTRICT shall immediately undertake to correct the water quality deficiencies If DISTRICT is unable to correct the water quality deficiency after receiving notice, CHEVRON may either (1) Continue to purchase boiler feed water with compensation from West Basin in accordance with Subsection I(e), or (n) If the water quality deficiency has not been corrected within a period ending 24 months from the date of CHEVRON's notice, CHEVRON may give written notice to DISTRICT declaring CHEVRON's intent to cease to purchase the boiler feed water and to suspend payments to DISTRICT Effective upon receipt of such written notice, this Agreement shall be terminated, and CHEVRON shall have no further obligation to DISTRICT (b) No termination, cancellation or expiration of this Agreement shall release DISTRICT from any liability or obligation (whether of indemnity or otherwise) which may have attached or accrued to DISTRICT before the time of or by reason of such termination, cancellation or expiration 4 Payment for Water DISTRICT shall sell the water to CITY, which shall in turn sell the water to CHEVRON The price for the water shall be determined as follows (a) Fixed Monthly Meter Charge Beginning the first day of the month next following commencement of delivery of water, CHEVRON will pay DISTRICT a fixed monthly meter fee of $166,121 (b) Monthly Water Charge (15 4 3 01/19/99 EXECUTION COPY (1) The monthly water charge will be based on actual water delivery to CHEVRON This charge consists of DISTRICT'S recycled water block rate structure plus DISTRICT'S treatment surcharge plus the CITY'S recycled water markup (u) The Board of Directors of the DISTRICT will establish the charge for the recycled water block rate structure plus the treatment surcharge (currently at $308 per acre - foot for low pressure boiler water and $480 per acre -foot for high- pressure boiler water) The CITY will resell the water to CHEVRON after adding the recycled water markup determined by the City Council The CITY recycled water markup is currently $0 3056 per hundred cubic -foot (approximately $133 /AF) (in) Any increase of charges, rates, or surcharges after the date of this Agreement, by DISTRICT, shall be reasonable and shall not be greater than those charged to other purchasers of water from DISTRICT The CITY can increase its charges, rates or surcharges up to the same percentage increase it increases the potable water charges, rates or surcharges to other purchasers of potable water. (c) The billing cycle shall be as follows (r) DISTRICT shall send out invoices to CITY for each month's recycled water usage on the tenth day of the following month (n) CITY shall send out invoices to CHEVRON for each month's recycled water usage by the 20th day of the following month (in) CHEVRON shall pay CITY's invoice within 20 calendar days of receipt by CHEVRON (iv) CITY shall pay DISTRICT's invoices within 15 days of receipt of CHEVRON's payment Any late fees or penalties levied by DISTRICT to CITY resulting from 055 -4- 0111909 EXECUTION COPY CHEVRON's late payment will be passed through to CHEVRON by CITY. CITY shall have no obligation to DISTRICT in the event that CHEVRON fails to make any payments to CITY 5 Construction and License Agreement After execution of this Agreement by all parties, CHEVRON and DISTRICT intend to enter into a "Construction and License Agreement" which will give DISTRICT permission to enter and occupy that portion of the Refinery described in Exhibit "B" attached hereto and made a part hereof (the "Premises ") for the purpose of designing and constructing at DISTRICT's sole cost, a water distnbution system (the "System ") for delivery of water to CHEVRON's boilers The System shall consist of the facilities listed in Exhibit °C" attached hereto and made a part hereof The CITY is not a party to the Construction and License Agreement and shall have no obligations thereunder 6 Standards of Operation DISTRICT agrees to operate, maintain, and repair its water system, and to deliver treated water to CITY for redelivery to CHEVRON in the quality and quantities provided for herein, for the full term of this Agreement at DISTRICT'S sole expense and in an efficient manner and in accordance with all of the terms and provisions hereof DISTRICT agrees to furnish its best skill and judgment and to furnish efficient business administration and supervision and to use its best efforts at all times to manage and maintain its water system in the most expeditious and economical manner consistent with the interests of CHEVRON and DISTRICT'S other users DISTRICT agrees to keep its water system in a state of good repair for sound operating conditions as required to meet the DISTRICT'S obligations under this Agreement DISTRICT agrees that its water system is designed and shall be operated in such a manner as to allow fluctuations in the daily consumption of water by CHEVRON, in amounts up to the amount agreed to be sold to Chevron hereunder 7 Minimum Required Pressure Throughout the term of this Agreement, DISTRICT shall deliver water to CHEVRON at a flow rate in compliance with this Agreement, with a minimum pressure sufficient to fill DISTRICT'S storage tanks on the Premises 656 5- 01�19i99 EXECUTION COPY 8 Required Metering Devices DISTRICT agrees not to deliver water from its water system, nor to permit water to be removed from its water system, except through standard metering devices, with records to be kept and maintained as provided in this Agreement The DISTRICT shall recalibrate the meters semi- annually, using a certified independent inspector acceptable to CHEVRON and the CITY CHEVRON and the CITY have the right to witness the calibration testing and will be promptly advised of the test results 9 Renresentations and Covenants as to Sufficiency of Water Rights DISTRICT represents that it presently has the rights to appropriate and use, in accordance with all applicable laws and regulations, an amount of water sufficient to fulfill its obligations hereunder and under all of its other existing contracts for the furnishing of water, and that it will take all steps necessary to preserve and maintain and will do nothing to impair such rights during the term of this Agreement 10 Representations as to Delivery Capacity DISTRICT represents to CHEVRON that the DISTRICT has a capacity for sustained delivery of treated water of at least 4,320,000 gallons per day 11 Right to Audit. DISTRICT and its subcontractors and vendors shall maintain complete and accurate records in connection with the performance of this Agreement and all transactions related thereto for at least 24 months after such records are created CHEVRON and CITY may from time to time and at any time during the term of this Agreement make an audit of such records DISTRICT shall provide records and reasonable assistance to CHEVRON and CITY in making such audit DISTRICT shall require, and shall require all subcontractors and vendors to require, in all agreements in connection with such expansion, the agreement of the parties to the provisions of this section and shall require such subcontractors and vendors to assist in making any such audits 057 -6- 01/19199 EXECUTION COPY 12 DISTRICT, CITY and CHEVRON - Independent Entities DISTRICT, CITY and CHEVRON are engaged in independent activities and nothing herein contained shall be construed as granting to any party any right to control another party's activities or operations or the manner in which the same shall be conducted 13 Compliance With Law DISTRICT and CITY shall comply with all applicable Federal, State and local laws and regulations applicable to the sale and delivery of water hereunder 14 Indemnity DISTRICT shall indemnify, defend and hold harmless CHEVRON, CHEVRON'S parent company, (Chevron Corporation), the subsidiary and affiliated companies of each of them (collectively "CHEVRON and its affiliates ") and CITY, and their respective elected officials, directors, officers, agents and employees (" Indemmtees "), from and against all expense (including attorneys' fees), liability and claims for damage to property (including DISTRICT'S or CITY'S property) or injury to or death of persons (including DISTRICT'S or CITY'S employees), directly or indirectly resulting, or alleged to result from anything occurring from any cause on or about or in connection with the sale and delivery of water pursuant hereto, unless caused by the negligence or willful misconduct of their respective mdemnitees The indemnity shall include, but is not limited to, expenses, liability, and claims arising from Section 2 hereof 15 Insurance (a) DISTRICT shall maintain, at DISTRICT's own expense during the term hereof, insurance of the types and in the minimum amounts described generally as follows (1) Comprehensive or Commercial General Liability Insurance (bodily injury and property damage) with contractual liability insurance to cover liability assumed under this Agreement The limit of liability for such insurance shall not be less than $5,000,000 combined single limit per occurrence 058 'T U V 19199 EXECUTION COPY (u) Excess Liability Insurance with a Brut of not less than $15,000,000 combined single limit per occurrence for bodily injury and property damage (m) Full Workers' Compensation and Employer's Liability Insurance as prescribed by applicable law; and (b) The insurance required under subsections 15(a)(i) and 15(a)(n) above shall include CHEVRON and its affiliates and CITY as additional insureds (c) The insurance required under subsections 15(a)(i) and 15(a)(n) above shall provide that it is primary coverage with respect to DISTRICT, CITY and CHEVRON and all other additional insureds (d) The insurance required under subsection 15(a)(iii) shall contain a waiver of subrogation against CHEVRON and its affiliates and CITY and an assignment of statutory lien if applicable (e) The insurance required above shall provide that no cancellation or material change in any policy shall become effective except upon thirty (30) days' prior written notice to CHEVRON and CITY (f) The insurance companies issuing the policies required above shall have no recourse against CHEVRON or CITY, or any other additional insured, for payment of any premiums (or assessments under any policy issued by a mutual insurance company) (g) DISTRICT shall furnish certificates satisfactory to CHEVRON and CITY as evidence that the insurance required above is being maintained policies (h) DISTRICT shall be responsible for all deductibles in all of their insurance 059 01/1909 EXECUTION COPY (i) DISTRICT's indemnity and other obligations shall not limit, nor be limited by, the foregoing insurance requirements 16 Authonty The undersigned represent and warrant that they have the authority to execute this Agreement and bind their principals thereby 17 Partial Invalidity The invalidity or unenforceability of any one or more phrases, sentences, clauses, paragraphs, sections or provisions in this Agreement shall not affect the validity or enforceability of the remaining portions of this Agreement, or any part thereof 18 Recordine Neither DISTRICT nor CITY shall record this Agreement 19 Assi ng ment This Agreement may not be assigned or sublet by DISTRICT, CITY or CHEVRON without the written permission of the other parties Permission to assign this Agreement shall not be unreasonably withheld or delayed 20 Notices All notices to be given under this Agreement shall be in writing and shall be posted by certified mail or personally delivered to the other party at the address set forth below, or at such other addresses as either party may designate by written notice to the other Any such notice shall be deemed received when deposited in the United States mail with postage fully prepared thereon or when personally delivered CHEVRON CHEVRON U S A PRODUCTS COMPANY Ann Utilities Division 324 W El Segundo Blvd El Segundo, CA 90245 DISTRICT WEST BASIN MUNICIPAL WATER DISTRICT Attn General Manager 17140S Avalon Blvd, Suite 210 Carson, CA 90746 -9- 1.{ 01/19199 EXECUTION COPY CITY CITY OF EL SEGUNDO Atm Public Works Department 350 Main Street El Segundo, CA 90245 21 Conflicts of Interest Conflicts of interest relating to this Agreement are strictly prohibited Except as otherwise expressly provided herein, neither DISTRICT nor any director, employee or agent of DISTRICT or its subcontractors or vendors shall give to or receive from any director, employee or agent of CHEVRON any gift, entertainment or other favor of significant value, or any commission, fee or rebate Likewise, neither DISTRICT nor any director, employee or agent of DISTRICT or its subcontractors or vendors shall, without prior written notification thereof to CHEVRON, enter into any business relationship with any director, employee, or agent of CHEVRON or any affiliate, unless such person is acting for and on behalf of CHEVRON DISTRICT shall promptly notify CHEVRON of any violation of this section and any consideration received as a result of such violation shall be paid over or credited to CHEVRON Any representative(s) authorized by CHEVRON may audit any and all records of DISTRICT and its subcontractors and vendors for the sole purpose of determining whether there has been compliance with this section DISTRICT shall assist CHEVRON in making an audit under this section DISTRICT shall require, and shall require all subcontractors and vendors to require, in all agreements in connection with upgrades of its water recycling facilities, the agreement of the parties to the provisions of this section and shall require such subcontractors and vendors to assist in making any such audits 22 Alternate Dispute Resolution, In the event a dispute arises with respect to the interpretation or performance of, or the relationship created by, all or any part of this Agreement, the parties shall attempt in good faith to resolve the dispute If such efforts prove unsuccessful, 10 01/19/99 EXECUTION COPY each party agrees to consider the use of mediation, or non - binding, arbitration or other alternative dispute resolution techniques prior to resorting to litigation CHEVRON shall continue to make payments on the fixed monthly meter charge during pendency of the dispute During the pendency of the dispute, this Agreement shall remain in full force and effect 23 Waiver The right of either party to require strict performance shall not be affected by any prior waiver or course of dealing 24 Compliance and Affirmative Action To the extent applicable to this Agreement, the following clauses contained in the Code of Federal Regulations are incorporated herein by reference, the full text of which will be made available upon request 48 C F R Section 52 203 -6 (Subcontractor Sales to Government), 48 C F R Sections 52 219 -8 and 52 219 -9 (Utilization of Small and disadvantaged Business concerns), 48 C F R Section 52 219 -13 (Utilization of Woman- Owned Business concerns), 48 C F R Sections 22 804-1 and 52 222 -26 (Equal Opportunity), 48 C F R Section 52 222 -35 and 41 C F R Section 52 222 -36 and 41 C F R Section 60 741 -5 (Handicapped Workers), 48 C F.R Section 52 223 -2 (Clean Air and Water), and 48 C.F.R. Section 52 223 -3 hazardous Material Identification and Material Safety Data) DISTRICT shall insert the substance of the foregoing provisions of this clause into all non - exempt subcontracts or purchase orders as required DISTRICT agrees and covenants that none of its employees, or employees of its subcontractors, who provide services to CHEVRON pursuant to this Agreement are unauthorized aliens as defined in the Immigration Reform and Control Act of 1986 Unless previously provided, DISTRICT shall provide a Certificate of Nonsegregated Facilities to CHEVRON 062 01 /19m9 EXECUTION COPY 25 General Provisions (a) Time Is Of The Essence Time is of the essence in this Agreement and of each provision thereof (b) Entire Agreement This Agreement contains the entire agreement among DISTRICT, CITY, and CHEVRON with respect to the matters covered by this Agreement (c) Definition of Affiliates As used in this Agreement, "affiliate" shall mean CHEVRON Corporation and any company in which Chevron Corporation or CHEVRON now or hereafter owns directly or indirectly at least fifty -one percent (51% ) of the shares of stock entitled to vote at a general election for directors (d) Attorney's Fees If any party shall bring any action at law or other proceeding against another party to enforce any of the terms or conditions hereof or for breach hereof, or to recover possession of the Premises, the substantially prevailing party or parties shall receive all reasonable attorneys' fees expended or incurred by it in any such action or proceeding, the amount of such fees to be determined by the Court and to be included in any judgment recovered in any such action or proceeding (e) Captions The captions and headings throughout this Agreement are for convenience of reference only and the words contained therein shall in no way be held or deemed to define, limit, describe, explain, modify, amplify or aid in the interpretation, consideration or meaning of any provision or the scope or the intent of this Agreement (f) Cumulative Remedies All rights and remedies conferred hereunder and by law shall be cumulative of each other, and neither the exercise nor the failure to exercise any such right or remedy shall preclude the exercise of any other such right or remedy 063 12 01/14/99 EXECUTION COPY (g) Modifications This Agreement may only be modified in a writing executed by the parties hereto IN WITNESS WHEREOF, the parties hereto have executed this Water Service Agreement CHEVRON CHEVRON PRODUCTS COMPANY a division of CHEVRON U S A Inc, a Pennsylvam coiporaho By DISTRICT AP�VED AST ORM By Wayne miuex, istrict ounsel CITY APPROVED AS TO FORM By City Attorney u ATTEST City Clerk WES ASIN ICIPAL WATER DISTRICT By l- CITY OF EL SEGUNDO LM 11- 1W 01/19/99 EXHIBIT "A" Maximum Concentration Low Pressure Ca 00 Mg 0.0 HCO3 270 Si02 15 TDS 600 TH 03 EXECUTION COPY High Pressure 0.0 00 30 0.1 5.0 00 All values are in mg/1 as the ion except for total hardness (TH) which is in mg/l as calcium carbonate. 065 14 0111909 EXHIBIT °B" [Description of Prennses] EXECUTION COPY [To be Added After the Agreement is Signed] 1.. 11- 0111909 13;1 t71va" [Facilities] EXECUTION COPY [To be Added After the Agreement is Signed] H -16- 01/19/99 West Basin Municipal Warer District 17140 S. Avalon Bird • Suite 210 • Cason, CA 90746 -1296 telephone 310.217 -2411 • i2:310 -217 -2414 January 26, 1998 Mr. Eduard Schroder, Director of Public Works City of El Segundo 350 Main Street El Segundo, CA 90245 Dear Mr Schroder: Water Service Agreement to Serve Chevron Boiler Feed Water The West Basin Municipal Water District (District) is pleased to forward to you an executed copy of the Water Service Agreement for providing reclaimed water service to Chevron's boilers. The agreement is the culmination of several years of planning and negotiations between the District, Chevron and the City of El Segundo. The District is anxious to commence with the design and construction of the new facilities required by the agreement and request that this item be placed before your City Council for approval at the earliest possible meeting. The agreement is unchanged from the last we reviewed. The major terms and conditions include. • District will wholesale the boiler feed water to the City of El Segundo, which in turn shall resell the water to Chevron; • The City of EI Segundo will pass on to Chevron the District's meter charge and treatment surcharge without mark -up; and will pass on the variable commodity charge for recycled water with a recycled water mark -up. The recycled water mark -up is set by the PI Segundo City Council and may be adjusted from time - to -time. Currently the rate is at $0.3056 per hundred cubic -foot; • The District will construct new facilities and its Water Recycling Facility to serve Chevron up to 1,200 gpm of low- pressure and 1,800 gpm of high - pressure boiler feed water; • District will finance the capital costs of the new facilities including microfiltration and reverse osmosis treatment facilities, pump stations, pipelines, storage tanks, and connections at Chevron; • District will meet minimum water quality requirements as described in the Water Service Agreement; Paul D. Jones II, Genee /M.m;n z0d BSL# ON XFid 'Q1 WI-PT 3Ill 66,- 9z -N&r 4 ' Mr. Eduard Schroder, Director of Public Works January 26, 1999 Page 2 • The initial term of the agreement is for 15 years; and • Service to Chevron will begin within 26 months after an agreement is signed by the parties The district looks forward to working with the City of El' Segundo and Chevron to expand the use of recycled water. Sincerely, Paul D. e s II, P.E. General Manager PS:ev F'\us6rs\sh2rnd \v rd\ Enclosure 069 17140 S. Avalon Blvd • Same 210 . C2=n. CA 90746 -1296 £0d 85L# :ON XUJ •al W£T :VT 3111 66,- 9Z —NHf EL SEGUNDO CITY COUNCIL MEETING DATE- February 2, 1999 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Calendar AGENDA DESCRIPTION. Establishment of a professional services contract with Cotton /Beland /Associates, Inc ( "CBA ") for the preparation of the 2000 -2005 Housing Element The amount to be paid to the Consultant under this agreement is twenty -three thousand, seven hundred forty -five dollars and zero cents ($23,745 00), and, therefore requires City Council review and approval (EA -451) RECOMMENDED COUNCIL ACTION: Approval of the professional services contract with CBA INTRODUCTION AND BACKGROUND: California State Law requires local governments to periodically update its Housing Elements at least every five (5) years The City of El Segundo Housing Element was last revised in 1992, as part of an overall General Plan update The next revision was due in 1997, however, State budget cutbacks caused the California Department of Housing and Community Development (HCD) to extend the revision deadline several times (HCD is the agency that reviews the Housing Elements for compliance with California State Law requirements and possible certification) The new deadline is June 30, 2000 and HCD does not anticipate any further extensions DISCUSSION: For the past two (2) budget years (Fiscal Year 1996 -97 and 1997 -98), the City Council has approved funding for this project On August 18, 1998, Council authorized Staff to solicit proposals from qualified consultants for the preparation of the Housing Element update which is due to HCD by June 30, 2000 Three (3) proposals were received from the nineteen (19) Request For Proposals (RFP) mailed The three (3) firms which submitted proposals, and which Staff subsequently interviewed, were Cotton /Beland /Associates, Inc ( "CBA "), Sandra Genis, Planning Resources, and, Connerly & Associates, Inc The main criteria which Staff used to compare the three (3) firms were experience in preparing Housing Elements, ability to work effectively with Staff, Council and the community, number of Housing Elements recently certified by HCD, experience working with the Southern California Association of Governments (SCAG), and, cost (Continued on next page) ATTACHED SUPPORTING DOCUMENTS. 1 Draft Professional Services Contract with Cotton /Beland /Associates, Inc 2 Copies of proposals for the preparation of the Housing Element update a Cotton /Beland /Associates, Inc b Connerly & Associates, Inc c Sandra Genis, Planning Resources FISCAL IMPACT- (Check one) Operating Budget X Capital Improv Budget _ Amount Requested $23,74560 Project Account Budget $30,000 Project/Account Balance $30,000 Account Number 2701 -6214 (1997 -98 Budget Carryover) Protect Phase N/A Appropriation Required - Yes _ No X ORIGINATED. Date* 22 January 1999 Bret B Bernard, All rector f Planning and Building Safety REVIEWED BY: O Date TAKEN: 070 11 DISCUSSION (Continued) Page 2 Staff Recommendation. Of the three (3) firms considered, Staff recommends Cotton /Beland /Associates, Inc for several reasons 1) CBA has prepared over 60 Housing Elements within the last eight (8) years, 2) of those 60 Housing Elements prepared by CBA, the large majority were certified by HCD, 3) CBA staff have a good working relationship with HCD staff, and, 4) CBA staff received excellent references and their professionalism, presentation skills and ability to work with the speciffc needs of the community were often noted Staff believes the two (2) other consultants, while qualified, were weaker in all of these areas Although the cost for CBA is approximately $5,655 00 higher than Staff's second choice, Connerly & Associates, Inc , Staff believes that the money would be "well spent ", as other Cities have indicated when Staff contacted them for references Additionally, Staff did negotiate the initial contract cost with CBA and were able to reduce the price by several thousand dollars Staff is certain that overall CBA is the best firm to represent the City's interests in this endeavor, for a certified Housing Element P \projects \ea - 451 \cba -cont 071 AGREEMENT FOR PROFESSIONAL SERVICES COTTON BELAND ASSOCIATES THIS AGREEMENT, made and entered into this _day of , 1999 between the CITY OF EL SEGUNDO, a municipal corporation, hereinafter referred to as "City" and COTTON BELAND ASSOCIATES 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 "PROPOSAL AND SCOPE OF SERVICES DATED 1999" 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 , 1999 Consultant shall complete each of the services set forth in Exhibit A (Request For Proposal dated November 23, 1998, and Proposal dated December 23, 1998), 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 direction and control Neither City nor any of its officers, employees or agents shall have control over the conduct of Consultant P \Plan- cnt \CottonB (1/16/99) 1 072 DRAFT or any of Consultant's officers, employees or agents, except as set forth in this Agreement Consultant shall not at any time or in any manner represent that it or any of Its officers, employees or agents are In any manner officers, employees or agents of the City. Consultant shall not Incur or have the power to Incur any debt, obligation or liability whatever against City, or bind City in any manner. Consultant shall not disseminate any information or reports gathered or created pursuant to this Agreement without the prior written approval of City except information or reports required by government agencies to enable Consultant to perform its duties under this Agreement 3 CONSULTANT'S KNOWLEDGE OF APPLICABLE LAWS. Consultant shall keep itself Informed of applicable local, state and federal laws and regulations which may affect those employed by it or in any way affect the performance of its services pursuant to this Agreement Consultant shall observe and comply with all such laws and regulations affecting its employees City and Its officers and employees, shall not be liable at law or In equity as a result of any failure of Consultant to comply with this section 4 PERSONNEL Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant's staff assigned to perform the services hereunder and shall obtain the approval of the City Manager of all proposed staff members performing services under this Agreement prior to any such performance 5 COMPENSATION AND METHOD OF PAYMENT Compensation to the Consultant shall be as set forth in Payments shall be made within thirty 073 P \Plan- cnt \C0tt0n6 (1/16/99) 2 RAFT (30) days after receipt of each invoice as to all non - disputed fees If the City disputes any of consultant's fees it shall give written notice to Consultant in 30 days of receipt of a invoice of any disputed fees set forth on the invoice. 6 ADDITIONAL SERVICES OF CONSULTANT Consultant shall not be compensated for any services rendered In connection with its performance of this Agreement which are in addition to those set forth herein or listed in Attachment A, unless such additional services are authorized in advance and in writing by the City Manager Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services 7 ASSIGNMENT All services required hereunder shall be performed by Consultant, its employees or personnel under direct contract with Consultant Consultant shall not assign to any subcontractor the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without the prior written consent of City Manager 8 FACILITIES AND RECORDS City agrees to provide suitably equipped and furnished office space, public counter, telephone, and use of copying equipment and 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 P \P1an- cnt \Cotton8 (1/16)99) 3 074 O,pq Fr maintain adequate records of services provided In sufficient detail to permit an evaluation of services All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or Its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts therefrom as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment 9 TERMINATION OF AGREEMENT This Agreement may be terminated with or without cause by either party upon 30 days written notice In the event of such termination, Consultant shall be compensated for non - disputed fees under the terms of this Agreement up to the date of termination 10 COOPERATION BY CITY All public Information, data, reports, records, and maps as are existing and available to City as public records, and which are necessary for 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 P1PIan- cnt \Cotton6 (1116/99) 4 075 O, pq shall, become the sole property of City With respect to computer files, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files 12 RELEASE OF INFORMATION /CONFLICTS OF INTEREST, (a) All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization excepting that information which is a public record and subject to disclosure pursuant to the California Public Records Act, Government Code § 6250, et sea Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement 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 reimbursement 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, P \Plan- cnt \COttonB (1/16/99) 5 076 o *qF r subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the City City retains the right, but has no obligation, to represent Consultant and /or be present at any deposition, hearing or similar proceeding Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. (b) Consultant covenants that neither they nor any officer or principal of their firm have any interest in, or shall they acquire any interest, directly or indirectly which will conflict in any manner or degree with the performance of their services hereunder Consultant further covenants that in the performance of this Agreement, no person having such interest shall be employed by them as an officer, employee, agent, or subcontractor without the express written consent of the City Manager 13 DEFAULT In the event that Consultant is in default of any provision of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant 14 INDEMNIFICATION (a) Consultant represents it is skilled in the professional calling necessary to perform the services and duties agreed to hereunder by P \Plan- cnt \CottonB (1/16199) 6 077 Vp Consultant, and City relies upon the skills and knowledge of Consultant " Consultant shall perform such services and duties consistent with the standards generally recognized as being employed by professionals performing similar service in the State of California (b) Consultant is an independent contractor and shall have no authority to bind City nor to create or incur any obligation on behalf of or liability against City, whether by contract or otherwise, unless such authority is expressly conferred under this agreement or is otherwise expressly conferred in writing by City. City, its elected and appointed officials, officers, agents, employees and volunteers (individually and collectively, "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 P \Plan- cnt\CottonB (1/16/99) 7 073 defend the Indemnitees at Consultant's expense by counsel acceptable to the City The Indemntees 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 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 Cc Consultant shall provide the following scope and limits of insurance least as broad as (1) Minimum Scope of Insurance Coverage shall be at (a) Insurance Services Office form Commercial General Liability coverage (Occurrence Form CG 0001) MP1an- cntX00tt0nB (1/16/99) 8 079 11* 4F (b) Insurance Services Office form number CA 0001 (Ed 1187) covering Automobile Liability, including code 1 "any auto" and endorsement CA 0025, or equivalent forms subject to the written approval of the City (c) Workers' Compensation Insurance as required by the Labor Code of State of California and Employer's Liability insurance and covering all persons providing services on behalf of the Consultant and all risks to such persons under this Agreement (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 080 P \Plan- cnt \CottonB (1/16/99) 9 (c) Workers' Compensation and Employer' Liability Workers' Compensation as required by the Labor Code of the State of California and Employers Liability limits of $1,000,000 per accident occurrence. (d) Errors and Omissions Liability- $1,000,000 per B Other Provisions Insurance policies required by this Agreement shall contain the following provisions (1) All Policies Each Insurance policy required by this paragraph 15 shall be endorsed and state the coverage shall not be suspended, voided, canceled by the Insurer or either party to this Agreement, reduced In coverage or in limits except after 30 days' prior written notice by Certified mall, return receipt requested, has been given to the City (2) General Liability and Automobile Liability Coverages (a) City, its officers, officials, and employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities Consultant performs, products and completed operations of Consultant, premises owned, occupied or used by Consultant, or automobiles owned, leased or hired or borrowed by Consultant The coverage shall contain no special limitations on the scope of protection afforded to City, its officers, officials, or employees (b) Consultant's Insurance coverage shall be primary insurance as respect to City, Its officers, officials, employees and L) P\PJan- cnt \CottonB (1/16/99) 10 L I�P volunteers. Any Insurance or self Insurance maintained by City, Its offlce l>► officials, employees or volunteers shall apply in excess of, and not contribute with, Consultant's insurance (c) Consultant's Insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability (d) Any failure to comply with the reporting or other provisions of the policies Including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers (3) Workers' Compensation and Employer's Liability Coverage Unless the City Manager otherwise agrees In writing, the insurer shall agree to waive all rights of subrogation against City, its officers, officials, employees and agents for losses arising from work performed by Consultant for City C Other Requirements Consultant agrees to deposit with City, at or before the effective date of this contract, certificates of insurance necessary to satisfy City that the insurance provisions of this contract have been complied with The City Attorney may require that Consultant furnish City with copies of original endorsements effecting coverage required by this Section The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf City reserves the right to inspect complete, certified copies of all required insurance policies, at any time P \Plan - cot \CottonB (1116199) 11 082 (1) Consultant shall furnish certificates ancT 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 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 P \Plan- cnt \CottonB (1/16/99) 12 083 44)jp 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 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 P \Plan- cnt \COttonB (1/16/99) 13 084 O/pgF T addressed as follows- Cam. Attention Bret B Bernard, AICP Planning and Building Safety Department City of El Segundo 350 Main Street El Segundo, California 90245 Telephone (310) 322 -4670, extension 211 Facsimile (310) 322 -4167 Consultant Attention Karen A Warner, AICP Cotton Beland Associates 747 East Green Suite 300 Pasadena, CA Telephone. 626/304 -0102 Facsimile 626/304 -0402 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 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 P \P1an- c0C0tt0nB (1/16/99) 14 035 CITY OF EL SEGUNDO Bret Bernard, AICP Director, Planning and Building Safety ATTEST, FORM: Cindy Mortesen City Clerk P1PIan- cnt \CottonB (1/16/99) 15 o *440t r APPROVED AS TO Mark D Hensley City Attorney mme THIS SHEET IS "PLACE HOLDER" FOR PROPOSAL (Cotton /Beland /Associatesdtd 12/23/98) r) 87 EXHIBIT A Page 1 of % AMENDMENT TO PROPOSAL CITY OF EL SEGUNDO 2000 -2005 HOUSING ELEMENT Staff Persons Hourly Rate. Cotton Warner Tam larrrenee Graph WP Tots) $120 $100 $85 $70 $45 $40 la. Populaten/Household/Housing Market Data' 1 10 12 32 8 16 $5,380 1b. Units At Risk Analysis 2 $170 tc. Potential Housing Constraints 1 8 8 1 2 $1,680 1d. RHNA Evaluation (As needed $0 Is. Evaluation of Existing Element 8 12 8 2 $2,460 If CommissionlCouncil Workshop 1 8 8 1 2 2 $1,770 1 g Draft Housing Element 2 281 24 24 8 10 $7,520 1h. Environmental Documentation 2 4 16 2 2 31,830 1i. Public Review and Finalization' 1 4 4 2 4 $1,110 2_ Meetings PC/CC Workshop (under Task 10 Public Hearings (2) 8 $800 Reproduction (30 documents @$10/es 45 reports/Neg Dec Q $5/es) $525 Travel/Postage/Phone/Misc $500 Total Housing Element 8 8011 22 38 $23,745 Contingency (10% Project Fee) E76L74 (Cost reduction reflects City staff responsibility for providing CBA with information from windshield survey of housing conditions in targeted neighborhoods. 2Appeal of City's Draft RHNA unlikely due to preliminary SCAG growth projections of only 135 households during the 2000 -2005 period. In addition, due to the uncertain nature of the appeals process (SCAG vs South Say COG), any assistance in appealing the City's RHNA would need to be determined at that time. 3Cost reductions for public review /finalization and public hearings reflect staff responsibility for preparation and mailing of public notices, and for preparation of staff reports. City of El Segundo 088 Proposal for 2000 -2005 Housing Element (November 23, 1998 EXHIBIT A Page 2 of 7 f / Elected Officials Mike Gordon, CBA Mayor Sandra Jacobs, 747 E. Green Street, #300 Nancy Mayor rn Pro rem Pasadena, CA 91101 -2119 CouncHmember John G Gaines Cuunaimember Kelly McDowell, Cn ber Mon ..r, RE: Request for Proposals and Statements of Qualifications for the City Cierk ly e,* Willem Bue, City of El Segundo General Plan Housing Element Update C ly Treasurer Project Appointed Offiaais Mary Strenn, city Manager Marko Armny, ClryAnomey Dear Sir /Madam: ema Nano Directors The City of El Segundo is requesting written proposals and statements of Economic Deve /opment qualifications for professional planning services from qualified consultants ire(EconoG ringP =dgn, and firms (hereinafter referred to as "consultant ") to prepare an update of its F're General Plan Housing Element The existing Housing Element, which was aben and, arbHumeri rso,° ""`° not certified by the State of California Department of Housing and WB Barnard Community Development (HCD), was last revised in 1992 as part of an nGnmmond, Building Safety overall General Plan update. Copies of the existing Housing Element can neN°Schroder, be obtained for $3.30 (each) from the City's Planning Division. Public Works nes Fauk, Recreation & Parks ♦ General Information The City of El Segundo is located in the Airport/South Bay subregion of Los Angeles County and is 5.46 square miles in size It is bounded by Los Angeles International Airport to the north, County of Los Angeles and the city of Hawthorne to the east, the city of Manhattan Beach to the south and, the Pacific Ocean and the city of Los Angeles Wastewater Treatment Plant and Scattergood Generating Station to the west. In 1997, it had an estimated resident population of 16,250 and a daytime working population in excess of 60,000 persons. There were a total of 7,190 (known) dwelling units in 1997 1189 Planning and Building Safety Department 350 Main Street, El Segundo, California 90245 -0989 Phone (310) 322 -4670 FAX (310) 322 -4167 www.elsegundo.org EXHIBIT A Page 3 of 7 ♦ City Objectives The City's objectives include, but are not limited to the following• ✓ Submission to HCD, no less than one month prior to the 30 June 2000 deadline ✓ Conformance with all requirements of the California Government Code Article 10:5 (Housing Element Law) ✓ Consistency with the City's General Plan and the Subdivision and Zoning Code ✓ Certification by HCD ♦ Scope of Services Under the overall project management of the Director of Planning and Building Safety, the selected consultant shall provide the following anticipated services: =k Preparation of radius map and current property ownership list and labels Preparation and mailing of notices for public hearings and workshops X= Publication of 1/8 page ad in the newspaper and notification of agencies and surrounding Cities Preparation of staff reports and exhibits to the Planning Commission, City Council and workshops Preparation of the drafts and final updated Housing Element document (including tables, graphs, maps, etc.) =: Preparation of addendums and revisions to any of the above - mentioned documents (revisions shall be presented in a red -line /strike out format) =; Preparation and mailing of environmental documents (initial Study, Negative Declaration or Mitigated Negative Declaration, Responses to draft Initial Study comments, Notices of Declaration /Fish and Game Exemption) I: Attendance and participation at City staff meetings, Planning Commission, City Council and ad hoc committee meetings, public hearings, and workshops := Preparation of miscellaneous letters, memos or other documents as required by City staff ♦ Deliverables 1'1 EXHIBIT A Page 4 of 7 All documents, notices, labels and maps mentioned above in the "Scope of Services" section In addition, all written documents (notices, reports, housing element update, etc.) shall be presented on a floppy diskette in Word 6.0 or Word '97 format, and sent via e-mail, as required by the City Regular updates of the documents on floppy disk and e-mail shall be provided to City staff as drafts are revised and finalized. Furthermore, the consultant shall provide a project schedule which shows the anticipated time frame for completing each task The City anticipates a five to six month schedule, with the Housing Element Update submitted to HCD no later than May 2000. ♦ Proposal and Statement of Qualifications The proposal, at a minimum, should include the following information: Name, address, telephone number, facsimile number, and e -mail address of the firm. List of Cities where the consultant has prepared (or is in the process of preparing) a Housing Element or Housing Element Update within the last eight years. Provide the names and telephone numbers of persons at each City who can be contacted to discuss that particular project. Also, please indicate whether the document was certified by HCD and /or legally challenged (if litigation did occur, indicate the outcome, if known). 3 The names and telephone numbers of the consultant's project team, including the name of the project manager, and the subconsultants to be retained by the consultant. Submit the resumes of all personnel (including sub - consultants) to be involved with the project and their specific expenences relative to the preparation of housing elements and environmental documents. The consultant shall also submit an organization chart which shows the reporting relationships of all involved personnel. 4. Consultant's understanding of the project and a description of how the consultant will approach the project 5 Consultant's qualifications and prior recent experience in preparing Housing Elements or Housing Element Updates for local governments, and, success rate in having these elements /updates certified by the State. 6. Consultant's knowledge of Government Code Article 10.6 (Housing Element Law), specifically those sections referring to Housing Element updates and revisions. Explain how you would apply this statute to the City of El Segundo, taking into consideration the specific goals, policies and standards of this community. 7. Scope of services to be provided with a breakdown of different tasks It should 09! EXHIBIT A Page 5 of 7 include a detailed description of the methods of information gathering and analysis to be used in preparing the Housing Element (i.e., How will you approach this project ?), as well as how this method will best meet the City's Objectives Also, indicate which members of the project team will be responsible for the various task(s) and attendance at meetings. The submittal should also provide a detailed description of any requested material needed from the City 8 Consultant's estimated fee for the project, with a not -to- exceed amount. The cost estimates provided by the consultant shall reflect detailed projected man - hours per the scope of services to be provided, including the cost for attendance at meetings, mileage, and projected reproduction costs. This should be accompanied by a list of the hourly rates for each member of the project team, including clerical, and expected subcontractor rates. Cost estimates shall also include contingencies with upper limits. Include all assumptions made in arriving at the quoted figures. 9 Proposed time frame to provide the services starting from the date of receipt of a Notice to Proceed from the City. [The Southern California Association of Governments (SCAG) has indicated that the preliminary figures for the regional fair share allocation will be available in December 1998; and, that the final numbers will be available in June 1999. Therefore, it is advisable that your project schedule take these important dates into account j 10. A statement that consultant is agreeable to execute the enclosed City - Consultant agreement and to provide proof of insurance as noted in the agreement. 11. Five references. Include the person's name, title, address and telephone number Indicate the nature of this professional relationship (i.e., former client, etc ). ♦ Selection Criteria The following factors (not necessarily listed in order of priority) will be among those evaluated by the City during the selection process City Obiectives. The City will evaluate the degree to which the proposal would achieve the objectives for the project Creative input from the consultant is encouraged along with any additional tasks the consultant believes would further these objectives. 2 Consultant Qualifications. The qualifications and successful experience of the lead consultant and subcontractors are of a high priority to the City. 3. Consultant Ability: The proposal should demonstrate the consultant's ability to complete projects of this type successfully and in a timely manner. 1'% EXHIBIT 6 of 7 4. Consultant's Understanding of the City of El Segundo- The proposal should demonstrate the consultant's knowledge of the City of El Segundo. `Boiler- plate" or "generic" proposals should be avoided. The consultant should be aware of the specific goals, policies and standards of this community, as well as its locale in the Airport/South Bay subregion, its unique characteristics and its unusual population- housing characteristics 5 Costs- The proposal must be financially feasible, with reasonability of costs a consideration. 6. Compliance: The proposal must demonstrate the consultant's ability to comply with California State law (and all other applicable laws). 7 Completeness A complete proposal is required for consideration. An incomplete proposal will not be further evaluated and the consultant shall be so notified. Refer to the "Proposal and Statement of Qualifications" section, for proposal requirements 8 References. References will be checked prior to the interview. ♦ Selection Process All proposals received prior to the submission deadline, and which are complete, will be reviewed for consideration The proposals are not considered public information and therefore, will not warrant public disclosure. After the City has reviewed the proposals, the three or four top -rated consultants will be requested to discuss their proposals with City staff. This interview will be the basis for making a recommendation for consideration and selection of a consultant to the City Council. After the City Council has directed staff to enter into negotiations with the selected consultant, staff and the consultant shall prepare a draft contract for approval by the City Attorney and the Council. Once the contract is approved by the Council, the contract will be signed by the consultant and the City and the terms of the contract will commence. 093 EXHBIIT A Page 7 of 7 ♦ Submittal An original and five (5) copies of your proposal (facsimile copies of the proposals will not be accepted) should be submitted by: 5:30 P.M. on Friday, 23 December 1998 to the attention of Bret B. Bernard, AICP Director of Planning and Building Safety City of El Segundo 350 Main Street El Segundo, CA 90245 Telephone: (310) 322 -4670 Extension No 382 Should you need further Information, please contact Laune B. Jester, Senior Planner, or Hannah L. Brondial Bowen, AICP, Contract Project Planner, at (310) 322 -4670, extension number 412 Sincerely, Br t B Ber ard, AICP Director of Planning and Building Safety Enclosure Glty- Consultant Agreement ,. P \protects \451 - 475 \ea -451 \rfp -1.doc 1M EL SEGUNDO CITY COUNCIL MEETING DATE. 2 February 1999 AGENDA ITEM STATEMENT AGENDA HEADING New Business AGENDA DESCRIPTION: Request to use existing FAA, CDBG, and out -of -court settlement funds to continue the City's Residential Sound Insulation (RSI) Program with Phase 6 (Fiscal impact will depend upon the Phase 6 plan selected by City Council It is estimated that Phase 6 will cost approximately $650,000, the bulk of which would be spent in FY99 /00 It is also estimated that there will be a balance of approximately $500,000 in RSI funds and $74,000 in CDBG /RSI funds at the end of FY 98/99 Therefore, no new appropriation is necessary to start Phase 6 this year However, it is necessary to approve the carryover of all FY 98/99 RSI and CDBG /RSI balances to FY 99/00 It will also be necessary to budget approximately $76,000, presumably from out -of -court settlement funds, in FY99 /00 to complete Phase 6 Phase 6 will insulate approximately 24 homes without the forfeiture of any avigation easements ) RECOMMENDED COUNCIL ACTION: 1 Discussion, 2 Approve continuation of the RSI Program to include Phase 6, 3 Select Option # 1(City pays 20 %, maximizing use of available CDBG /RSI funds), or, 4 Provide alternate direction to Staff INTRODUCTION AND BACKGROUND: On 1 June 1993, the El Segundo City Council received the program plans for the City's RSI Program Funding resources for the program were to be the Federal Aviation Administration (FAA) -- providing 80% of program costs, and the Los Angeles Department of Airports, Continued on the next gage.) ATTACHED SUPPORTING DOCUMENTS: Options for City's Fiscal Support of the RSI Program FISCAL IMPACT- Fiscal impact will depend upon Council's decision regarding what part, if any, of the 20% portion of the program cost the City will fund Operating Budget, $2.639.887 for RSI in FY 98/99 Capital Improvement Budget: NA Amount Requested, No additional funds requested Request is for use of balance of approximately $500.000 in RSI Operating Budget through FY 99/00 Project/Account Budget: Less than $100.000 for balance of FY 98/99 for start -up of Phase 6 Project /Account Balance: Approximately $500.000 RSI & $74,000 CDBG Date. 1 January 1999 Account Number- 116- 400 - 0000 - 3700,116- 400 - 0000 -9000, and 111- 400- 0000 -2790 Project Phase. Phase 6 Appropriation Required: NONE ORIG ATED Date. 22 January 1999 REVIEWED BY. / / Date- 22 January 1999 v REVIEWED BY: Date: ACTION TAKEN C Acounci1\pha5e6 002 095 12 INTRODUCTION AND BACKGROUND (Continued). now Los Angeles World Airports (LAWA) providing grant funds to match the FAA grants, potentially funding an additional 60% more homes than the FAA grant and 20% match would permit In 1993, the Los Angeles Board of Airport Commissioners (BOAC) did not require the forfeiture of avigation easements or legal rights in exchange for their grant funds However, on 21 November 1995, the BOAC changed its RSI Program policy to one mandating the forfeiture of avigation easements for grant funds Anticipating the BOAC's change of policy, the City Council approved expansion of the funding resources for the City's RSI Program on 14 August 1995 This modification permitted funding from any legitimate source to pay the 20% not covered by FAA grant funds Funding resources can include, but are not limited to, the Community Development Block Grant program for homeowners with low to moderate incomes, the homeowners themselves, and the City On 4 November 1995, the City Council authorized Staff to proceed with Phase 5 of the RSI Program using the Staff recommended general contractors and window supplier Subsequently, on 18 February 1997, Council approved the use of approximately $797,755, funds from an out -of -court settlement with the City of Los Angeles and LAWA, to support the City's RSI Program Approximately $270,000 was earmarked to pay the full 20% for the 62 participants in Phase 5 of the RSI Program DISCUSSION- Phase 5 construction is now complete and the FAA has authorized continuation of the City's Program using the balances from previous grants It is anticipated that, at the close of Phase 5, the cumulative amount of those balances will be approximately $500,000 That grant amount will have to be matched by 20 %, or about $125,000, plus a $25,000 (3 8 %) contingency from other sources Accompanying this Report is an Attachment, Options for City's Fiscal Support of the RSI Program The following five options are presented, together with more detail, and none involve the forfeiture of avigation easements 1 City pays 20% using approximately $74,000 of CDBG /RSI funds 2 City pays 20% from remaining out -of -court settlement funds 3 An incentive program wherein the City pays a portion of the 20% and the participant pays the balance 4 The participant pays the 20% 5 A hybrid program Staff recommends Option 1 Option 1 recommends that approximately $74,000 of the $150,000 (20% match + $25,000 contingency) amount be drawn from CDBG grant funds, previously approved for this purpose by City Council Optiom 1 also recommends that the remainder of $76,000 should, most likely, be drawn from the approximately $500,000 out -of -court settlement balance, previously approved for this purpose by City Council If Council authorizes Staff to proceed with Phase 6, the insulation of approximately 23 homes, Staff would take the following actions (tentatively scheduled as indicated) 1 Develop and submit for Council approval a budget, and proposed Agreement, for the City's RSI Program consultant, Wyie Laboratories (March '99), 2 Develop a brochure for Phase 6 describing the Program, typical acoustic treatment, and procedures for participation (March /April '99), 3 As directed by Council, execute a mass mailing to all citizens within the noise impact area, soliciting volunteers for the RSI Program (April '99), 4 Identify the Program participants from the list of those who apply, based on a most - impacted-to- least- impacted prioritization, unless otherwise. directed by Council (May '99), 5 Develop plans and specifications for the participating dwellings for Council's approval (June /July '99), 6 Solicit general contractor and supplier bids for the work (August /September'99), 7 Present recommendations for contractor /supplier selection for Council approval (September '99), and, 8 Begin Phase 6 construction January 2000, and complete construction in July 2000 This project schedule would be 6 months shorter than the schedule used for Phase 5 C Acouncil \phaseb 002 096 Options for City's Fiscal Support of the RSI Program FAA Criteria for Participation in the RSI Program- The FAA currently makes its decision of whether a home is in the LAX Airport Noise Impact Area, and therefore eligible for receipt of sound insulation grant support, based on the Noise Report submitted with LAX's application for participation in the Part 150 Program The Report used with LAX's application was thee Quarter Noise Monitoring Report for 1985 According to that Noise Report there were approximately 4,000 dwellings included in El Segundo's portion of the LAX noise impact area The latest Quarterly LAX Noise Report lists El Segundo as having 3,657 incompatible dwelling units Fiscal Responsibility: The FAA funds 80% of the cost of providing RSI to a qualified dwelling The 20% balance must come from other approved sources Options available to the City for providing that 20% for the participants of Phase 6, approximately $150,000, follow, together with a listing of positive and negative considerations for each option Avigation easements are not included in any of the options Option 1: The City pays all of the 20% for approximately half of the Phase 6 participants and directs that the other half consist of Community Development Block Grant participants Source of 20% funds = half, approximately $74,000 from CDBG grant funds and half from remaining, approximately $500,000, out- of•court settlement funds 1 Approximately $74,000 of CDBG will be spent These unexpended funds may be reallocated if the RSI program does not use them in a timely manner 2 Greater amounts of CDBG grant funding may be forthcoming if it is being spent properly and aggressively 3 Those least able to afford RSI will receive it free 4 More out -of -court settlement funds (about $74,000) should be available for future participants /phases 5 Most CDBG participants live in the most heavily noise impacted areas 1 Some of the CDBG eligible dwellings may not be in the most heavily impacted areas Option 2 The City pay all of the 20% as it did for the participants in Phase 5 Source of 20% funds = remaining out -of -court- settlement funds 1 About 24 homeowners receive 1 Reduces funds available for future 100% funding (equates to approx RSI Participants $120,000) Option 3• Establish a graduated incentive program whereby the City pays'' /., '/2, or %, of the 20% cost to the participant This will typically reduce the cost to the participant to about $3,750, $2,500, or $1,250 respectively Source of 20% funds = a partnership between the homeowner participants and the City Pro Con 1 Between approximately $31,250 1 There will be comparisons drawn and $93,750 could be saved for future between "Free Phase 5" and "Not -quite -free participants Phase 6" Option 4. The homeowner pays all of his/her 20% Source of 20% funds= homeowner participant 1 Out -of- court- settlement funds remain available for use as Council directs Option 5: A hybrid of the above options C Acouncil \phase6 002 1 There will be comparisons drawn between "Free Phase 5" and "Pay -as- you -go Phase 6" 097 EL SEGUNDO CITY COUNCIL MEETING DATE: February 2, 1999 AGENDA ITEM STATEMENT AGENDA HEADING: New Business AGENDA DESCRIPTION: Request for the City Council to approve a grant award of $7,500 from the California Library Services Board for Z39 50 software (Fiscal impact $0) RECOMMENDED COUNCIL ACTION Approve the grant award from the California Library Services Board of $7,500 for the purchase of Z39 50 software to allow library users to view other local library catalogs INTRODUCTION AND BACKGROUND In November of 1998, the California State Library invited public libraries to apply for a California Library Services Act grant of $7,500 to purchase Z39 50 software Because there was only a one week lead time to submit the application, the library proceeded with the application without seeking Council approval On December 10, 1998 the State Library notified El Segundo Public Library that it had been awarded the grant The check has been received by the Finance Department The Z39 50 software translates data from one library's catalog to another so that it is seamless to the public when viewing other local library holdings at their home library The purchase of this software with the grant award is essential for our planned Web based Library catalog and will allow us to participate in a forthcoming "Linked Systems" Project through the Metropolitan Cooperative Library System (MCLS) for which the El Segundo Public Library has been selected DISCUSSION The Library of California Act ISB 409), Chapter 948, Statutes of 1998 replaces the California Library Services Act of 1977 as the law governing interlibrary -loan and other cooperative services among libraries of California Among its provisions, the bill establishes a system to enact a statewide "Library of California" to stimulate regional cooperation and coordination, through five regional networks, among 8,000 multitype libraries statewide by linking their automated catalogs (Continued on next page ATTACHED SUPPORTING DOCUMENTS: 1 Letter from Or Kevin Starr, State Librarian, dated December 10, 1998, to Barbara J Pearson informing her of the Z39 50 award 2 Letter to MCLS, dated September 14, 1998 on LSTAF44 Grant award of $198,000 3 Letter from Barbara Custen, Executive Director, MCLS, in re Selection to Participate in MCLS Linked Systems Project 4 INNOPAC price quotation on Hardware /software requisite for Linked Systems Project, to be purchased by MCLS FISCAL IMPACT (Check one) Operating Budget: _ 0 Amount Requested _ Project /Account Budget 0 Project /Account Balance 0 Account Number 0 Project Phase Capital Improv, Budget 0 - Appropriation Required - Yes_ NO--C Date 011! ATED• i s Date: //Z Barb /ara J Pearson, Library Director REVI �ED Date* �/ Mary . ner Z`'75 ACTION T 098 13 DISCUSSION- (Continued) As part of the transition to this 'Library of California" over the next five years, the Metropolitan Cooperative Library System (henceforth referred to as MCLS) applied for and was awarded a grant to begin the process of 'linking" Southern California libraries' catalogs El Segundo Public Library was selected as one of the participants in this project The total amount of the grant award is $198,000 to begin the first phase , which includes linking the catalogs of Pasadena, Glendale, Torrance, Monterey Park, Orange , Fullerton, San Marino, Long Beach and El Segundo The Hardware and Software costs necessary for project compatibility for El Segundo's Innopac System have been calculated at $40,107, including sales tax These costs will be borne by the Metropolitan Cooperative Library System grant award which will be brought to Council as a separate item for review and approval The System is also providing a technology consultant to assist individual libraries with installation of hardware and software This consultant will interface with the City's Information Systems Manager to ensure Citywide information systems compatibility, the costs for which are estimated to be in -kind but unspecific at this time Anticipated costs to El Segundo Public Library for participation on the project include in -kind cost of staff project oversight, which is estimated to be 4% of the Principal Librarian's time over the course of project implementation (or, $3200), and , $4,380 per annum for additional Innopac System maintenance on servers and software purchased by MCLS and installed on our system The latter amount will be requested in the 1999/2000 budget request However, a preliminary requirement for catalog -to- catalog links is Z39 50 software which translates one automated system's protocols to another's The $7,500 grant award for purchase of this software will permit us to participate in the project and be the first among California libraries to meet the mandates of the Library of California Act for linked catalogs Our patrons will be able to have direct access to the catalogs of other participating libraries and concomitant direct inter - library loan and reserve book privileges The Library is, therefore, requesting approval of the California State Library grant award of $7,500 for the purchase of Z39 50 software, essential to our participation in the Metropolitan Cooperative Library System "Linked Systems Project" r,99 California Library Services Board W� LIBRARY- COURTS BUILDING (916) 654 -0266 0 O BOX 942937 SACRAMENTO, CA 942370001 n777 1 . December 10, 1998 Barbara Pearson El Segundo Public Library 111 W Mariposa Avenue El Segundo, CA 90245 -2299 Dear Ms Pearson It is with pleasure that we inform you that your CLSA Statewide Data Base grant application has been approved You will be awarded $7,500 for completion of your Z39 50 server software project, which should be finished by June 30, 1999 Please remember that a final report on the project is required and should be received at the State Library no later than July 15, 1999 Reports should be mailed to the following address CLSA Office California State Library ATTN Sandy Habbestad P O Box 942837 Sacramento, CA 94237 -0001 Should you have questions regarding your project, please call Patncia Earnest at (916) 653 -7432 It will take approximately six to eight weeks to process the applications and paperwork, and at that point you should expect to see your check Best wishes for the successful completion of your project r4 Dr. Kevin Starr Chief Executive Officer California Library Services Board Cc Patricia Earnest Tom Andersen Sandy Habbestad Cindy Tackett d luserWdil/wlclsalclsagr hr CkLIFORNIA STATE LIBRARY LIBRARY- COURTS BUILDING • P O BOX 942837 • SACRAMENTO, CA 94237 0001 September 14, 1998 Barbara Custen, Executive Director Metropolitan Cooperative Library System 3675 E Hungtington Drive, Suite 100 Pasadena, CA 91107-5671 Subject LSTA F44, FY 1998/99, WP97, Grant Award 1,40 -4587 Title MCLS /SLS Technology Connection Dear Ms Custen !.w h7r Z I am pleased to approve your grant application for the above named project for a total of S 198,000 in federal Library Services and Technology Act (LSTA) funds, effective immediately for the period ending September 30, 1999 The State Library primary consultant assigned to this project will be Mark Parker, telephone (916) 653 -1892 Please work with this consultant in implementing your project My staff is ready to assist you in making your project a success I am very pleased that the MCLS and SLS libraries are implementing a linked- systems project It is anticipated that it will take at least two years for a project of this size to be fully implemented Therefore, we hope that a successful first year will encourage a broader proposal next year involving more participating libraries Of particular interest is Z39 50 connectivity to the Los Angeles Public Library, which serves as a preeminent valuable resource to Southern Californians The following points are conditions of this award It is our understanding that additional work needs to be done to identify the appropriate site configuration for Orange County and other participants Therefore I request that funds not be expended on hardware, software or telecommuni cations services until MCLS submits a plan detailing proposed first -year technology to Mark Parker for his review and approval Given the willingness of the population to travel between libraries, it will be interesting to see what kind of impact your project might have Therefore, I request, as part of the project evaluation, that you develop a methodology to test the performance of the various links and servers, and the activity levels on the Gateway server I also ask that you develop a combination of patron surveys, statistical measures, and reports that detail the impact of the linked systems project among the initial group of libraries 10; Ar Z Barbara Custen -2- September 14, 1998 Further, it is vital that you work closely with Mark Parker as you develop your project and identify a Gateway Server product for Internet access to the initial group's collections Also, please make every effort to connect to the County of Los Angeles Public Library and the Pasadena Public Library, whom we understand already have Z39 50 servers. Although they are not MCLS /SLS members, we believe the resultant network would provide greater service to the community if these collections were included Funds allowed are as follows- 1998/99 LSTA Cat"ories Approved Budget Salaries and benefits $ -0- Library materials -0- Operating expenses 85,000 Equipment (items over 55,000) 95.000 Program Award 180,000 Indirect cost (up to 10 %) 18 000 Total $198,000 On September 30, 1999, this project will be officially closed and no new expenditures may be generated nor funded project activities occur All unexpended and unencumbered funds must be returned by November 13, 1999 This project is allowed 60 days to liquidate encumbrances which were incurred prior to September 30 After the 60 day period, all encumbered funds which have not been liquidated must be returned to the State Library Reporting on financial and program activities is required quarterly, on the forms enclosed, within 30 days of each quarter A final narrative report is required and is due within 30 days after the close of the project, by October 30, 1999 The final liquidation report, if required, is due and must be submitted by December 15 Thus, all reporting regarding this project must have been received at the State Library by December 15, 1999. Please note this clarification regarding payments Ten percent (10 %) of the grant award is withheld until the end of the project period It is payable only if the grant recipient fulfills all project reporting requirements and expends all funds, or returns all unspent grant funds, by the time specified in the grant program Failure to provide timely reports is a serious breach of a grant recipient's administrative duty under the grant program, which may result in federal audit exceptions against the state and the loss of LSTA funds The State Librarian may extend the final reporting deadline for good cause Requests for extension beyond the final deadline must be received in writing at least 30 days prior to the deadline at the State Librarian's office 102 err z Barbara Custen -3- September 14, 1993 All required reporting materials are attached to this letter This letter and the enclosed list of LSTA procedural requirements amend the Consolidated Application/Grant Award Certification document and must remain a part of all your existing copies Best wishes for a successful project year Sincerely, Dr Kevin Starr State Librarian of California Enclosures cc Jay Cunrungham Colette Moody Mark Parker Patricia Earnest Susan McGlamery KOSJLC/ISd I 4 9nly 103 "low Alhambra Altadena Arcadia AWM Beverly Hills Burbank Ce"os commerce Covina Downey El Segundo Glendale Glendora Long Beach Los Angeles Monrovia Monterey Park Oxnard Palos Verdes Pomona Redondo Beach San Marino Santa Fe Springs Santa Monica Sierra Madre Signal Hill South Pasadena Thousand Oaks Torrance Whittier Metropolitan Cooperative Library System R7r 3 3675 East Huntington Drive, Suite 100, Pasadena, California 91107 telephone (626) 683 -8244 fax (526) 683 -8097 December 22, 1998 Barbara Pearson, Director El Segundo Public Library 111 W Mariposa Ave. El Segundo, CA 90245 Dear Barbara I am pleased to inform you that your library has been selected as one of the proposed initial libraries to participate in the MCLS /SLS linked systems project. Other MCLS libraries selected for this initial phase include Torrance Public Library, Long Beach Public Library, Bruggemeyer Memorial Library (Monterey Park), San Marino Public Library, Glendale Public Library Since Glendale Public shares a database with Pasadena Public Library, Pasadena Public will participate along with Glendale The Santiago Library System libraries (Orange County) being asked to participate are Orange Public Library and Fullerton Public Library These two libraries are already linked through a previous linked systems grant Based on information we have thus far the above libraries are being proposed for this first phase of the linked systems project because of their system automation status (readiness), their geographic clustering, and their willingness to participate We are verifying and collecting additional information from the automation vendors of these libraries and once that is completed the selections will be formally announced This is an LSTA grant administered by the California State Library. A copy of the MCLS grant application and the California State Library award letter are enclosed for your review Pat McClintock of RMG Consultants, Inc is our consultant on this project He will be working with Susan McGlamery, MCLS Reference Supervisor and me on this grant project MCLS is also in the process of recruiting a Technology Coordinator who will manage this project once hired We look forward to working with you and your staff on this exciting project Sincerely, ?0-4'kLrr'— Barbara 5 Custen Executive Director, MCLS /SLS Enc 2 104 JAN -14 -99 THU 14.16 fill -1 A 1XV0VATIVE 5850 Shellmound Way LVTI REM'F'S Ememille, Caldonla 94608 rm. (510) 655 6200 Fax (510) 450.0350 INNOPAC PRICE QUOTATION FOR EL SEGUNDO PUBLIC LIBRARY January 14, 1999 Additions to INNOPAC, including 201W OPAL Web Server .. ,. $7,500 Increment to monthly maintenance after 12 months SS 75 201 Gateway . . . 1 $4.500 Increment to monthly maintenance after 12 nuinthc S 45 104 File Transfer Software .. $3,850 Increment to monthly maintenance after 12 months $ 38 201 C -2 239.50 Client, Broadcast and Server , . , , . , , $19,500 Increment to manthh, maintenance tiller 12 months S 195 906 Conversion of multiple hardwired users to network users $ 450 No increment to monthly maintenance 101UE Additional Network user . SL250 /ea Increment to monthly maintenance after 12 months $ 12jea Notes: 1 This quotation is confidential between Innovative interfaces Inc and Ll Segundo Public Library and is valid for 90 days. 2 State sales tax is not included in this quotation. Dalene Hawtlio , Customer Sales Consultant 105 EL SEGUNDO CITY COUNCIL MEETING DATE: February 2, 1999 AGENDA ITEM STATEMENT AGENDA HEADING: New Business AGENDA DESCRIPTION: Review of 1999 Business Recruitment Creative Units COUNCIL ACTION Approve business recruitment creative units proposed by Team One Advertising INTRODUCTION AND BACKGROUND: On January 28, 1999, the Economic Development Advisory Council reviewed print creative units recently developed by Team One Advertising for the 1999 business recruitment campaign The Target Industry list, revised by the City Council on December 16, 1997, to include multimedia and retail businesses, will provide the general focus for the campaign The strategy for this year was reviewed and approved by the City Council upon adoption of the FY 1998 -99 budget Consistent with last year, the strategy will include print ads in the Los Angeles Business Journal and Daily Variety Messages on outdoor boards utilized the past four years will be replaced with Internet ads This shift, recommended by Team One, is an attempt to measure the effectiveness of electronic advertising with banner ads on selected websites as well as features on Pointcast, a rapidly growing business and news service DISCUSSION: The theme, "A Small Town For Big Business ", will once again emphasize both the business and small town amenities of El Segundo The signature skyline and picket fence art will be utilized, however, the blue and green colors will be replaced with a more contemporary look (which is still under development) Subject to City Council consensus regarding use of the creative units presented on February 2, 1999, Team One will launch a series of print and Internet ads beginning in March Staff will monitor the effectiveness of the current strategy (especially the Internet advertising) over the upcoming months and recommend any necessary adjustments as part of the FY 1999 -2000 budget presentation ATTACHED SUPPORTING DOCUMENTS: (Creative units will be presented during the meeting ) FISCAL IMPACT: Operating Budget: Capital Improvement Budget: Amount Requested: Project/Account Budget: Project/Account Balance: Account Number: Project Phase: Appropriation Required: NA $0 $250,000 (through September, 1999) $191,996 Date: December, 1998 2401 -6201 ORIGINATED: Date- BY: Date* 106 14 EL SEGUNDO CITY COUNCIL MEETING DATE: February 2, 1999 AGENDA ITEM STATEMENT AGENDA HEADING: New Business AGENDA DESCRIPTION: An Ordinance amending Section 2 08 020 of Chapter 2 08 of the El Segundo Municipal Code relating to City Council meetings RECOMMENDED COUNCIL ACTION: Discussion Read by title only Introduce Ordinance Schedule February 16, 1999 for second reading INTRODUCTION AND BACKGROUND: Council meetings occur on regularly scheduled County Elections twice yearly The City Council has previously stated their intention that in order to promote vote participation the City Council should not hold Council Meetings on elections days Accordingly staff is recommending that regularly scheduled meetings that fall on election days be held on the following day ATTACHED SUPPORTING DOCUMENTS: Highlighted version of Original Code Draft Ordinance FISCAL IMPACT: NONE January 26, 1999 REVIEWED BY: Date: Mary Strenn, City Manager 107 15 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ELSEGUNDO, CALIFORNIA AMENDING SECTION 2.08 OF THE EL SEGUNDO MUNICIPAL CODE RELATING TO CITY COUNCIL MEETINGS THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION I Section 2 08 020 of Chapter 2 08 of the El Segundo Municipal Code is amended to read as follows -2 08 020 MEETING The regular meeting of the city council shall be held in the council chamber designated by Section 2 36 030 on the first and thud Tuesdays of each and every calendar month, beginning at the hour of seven p m In the event that any of the Tuesdays fall upon a holiday and city hall offices are closed in observance of the holiday, or on an established date as defined in the California Election Code § 1000 (or as hereafter amended), then the regular meeting for that day shall be held on the next succeeding business day, designated in this section In the event any of the Tuesdays falls upon a holiday and city hall offices are open for business on that day, then the regular meeting for that day shall be held, at the same hour and in the same place as designated in this section " SECTION 2 The City Clerk shall certify to the passage and adoption of this ordinance, shall cause the same to be entered in the book of original ordinances of said City, shall make a not of the passage and adoption thereof in the records of the meeting at which the same is passed and adopted; and shall within 15 days after the passage or adoption thereof cause the same top be [published or posted in accordance with the law ORDINANCE NO 1 �y RELA I ING 10 CITY COUNCIL OO PA(,E NO I PASSED, APPROVED, AND ADOPTED this 16 °i day of Febi nary, 1999 Mike Gordon, Mayoi ATTEST STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I, Cindy Mortesen, City Clerk of the City of El Segundo, California, do hereby certify that the whole number of members of the City Council of said City is five, that the foregoing Ordinance No was duly introduced by said City Council at a regular meeting field on the 2"d day of February, 1999, and duly passed and adopted by said City Council, approved and signed by the Mayor, and attested to by the City Clerk, all at a regular meeting of said Council held on the 161h day of February, 1999, and the same was so passed and adopted by the following vote AYES NOES ABSENT ABSTAIN Cindy Mortesen, City Clerk APPROVED AS TO FORM Mark D Hensley, City Attorney ORDINANCE NO RLLA PING PO CITY COUNC IL MEETINGS log o 9 PAGE NO 2 Title 2 exert 2 08 020 MEETINGS The regular meetings of the city council shall be held in the council chamber designated by Section 2 36 030 on the first and third Tuesdays of each and every calendar month, beginning at the hour of seven p in In the event that any of the Tuesdays falls upon a holiday and the city hall offices are closed in observance of the holiday, or on an established date as defined in the California Election Code §1000 (or hereafter amended), then the regular meeting for that day shall be held on the next succeeding business day, beginning at the same hour of the succeeding business day, and in the same place as designated in this section In the event any of the Tuesdays falls upon a holiday and the city hall offices are open for business on that day, then the regular meeting for that day shall be held, at the same hour and in the same place as designated in this section (Ord 809) I10