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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
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January
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2
Agenda — February 2, 1999
Verbal update of Stepping Stone Subcommittee meeting held on January 27, 1999
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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
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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
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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
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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