2000 SEP 05 CC PACKET - 2EL SEGUNDO CITY COUNCIL MEETING DATE: September 5, 2000
AGENDA ITEM STATEMENT AGENDA HEADING- Unfinished Business
AGENDA DESCRIPTION:
Introduce Ordinance of the City of El Segundo, California amending Title 5
(Business Regulations and Licensing) of the El Segundo Municipal Code by
modifying section 5 42.060 regarding specific permit fees for motion picture,
radio, television productions, and still photography commercial advertising
Notice has been made to the California Film Commission and the Motion Picture
Association of America
COUNCIL ACTION,
1 Discussion;
2. Reading of Ordinance by title only only,
3. Schedule second reading of Ordinance on September 19, 2000; and /or
4 Other possible action /direction.
BACKGROUND & DISCUSSION:
(See attached)
ATTACHED SUPPORTING DOCUMENTS:
4
Copy of proposed Ordinance amending Title 5, section 5.42.060 of the El
Segundo Municipal Code
FISCAL IMPACT: Approximately $3,000 00 additional annual revenue
Operating Budget:
Amount Requested: N/A
Account Number: 001 - 300 - 0000 -3307
Project Phase: First reading of Ordinance to modify Municipal Code
Section 5 42 060
Appropriation required: NO
ORIGINATED:
DATE:
9 -zq- 2000
Steve Jo Busin Services Manager
//' �"""""
8-/;- V12- [7UtJ
Bret Plumlee, Director of Finance
REVIEWED BY:
DATE:
Mary Strenn, Cit anager
8/24/00 3 05 PM 4.
11
BACKGROUND & DISCUSSION (Continued):
After surveying ten other cities fees, staff proposed Increasing the current fees in
Title 5, section 5 42.060 Due to the Increase of filming within the City and the
additional staff time that is involved, it is necessary to Increase the non-
refundable film permit application fee from $100.00 to $250.00.
It is also recommended to increase the public right -of -way permit fee from
$500.00 to $750.00 per day to be current with all other location fees. In addition,
staff recommends requiring these aforementioned fees be charged for still
photography commercial advertising.
8!24100 3,05 PM
118
t
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF EL SEGUNDO,
CALIFORNIA, AMENDING SECTION 5.42.060 OF THE EL
SEGUNDO MUNICIPAL CODE, WHICH SECTION
RELATES TO FILM PERMIT FEES.
THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA,
DOES ORDAIN AS FOLLOWS:
SECTION 1. Section 5 42 060, Chapter 5 42, Title 5, of the El Segundo
Municipal code is hereby amended to read as follows-
5.42.060 APPLICATION - PERMIT - FEES.
(a) Motion Picture, Radio, or Television Productions A
nonrefundable application fee for motion picture, radio or television
productions in the amount of two hundred fifty dollars ($250 00) shall be
paid A permit fee of seven hundred fifty dollars ($750 00) per day shall
be paid whenever the permittee uses any portion of any public street,
road, nght -of -way or building, other than a building located in a public
park, owned or controlled by the city. The use of public parks and
buildings located in public parks to the exclusion of the general public
shall be discouraged, however, when such permit is granted the permit
fee shall be fixed by the city council after considering the recommendation
of the recreation and parks commission
(b) Still Photography commercial advertising A nonrefundable
application fee for still photography commercial advertising in the amount
of two hundred fifty dollars ($250.00) shall be paid. A permit fee of seven
hundred fifty dollars ($750.00) per day shall be paid whenever the
permdtee uses any portion of any public street, road, right -of -way or
building, other than a building located in a public park, owned or controlled
by the city The use of public parks and buildings located in public parks
to the exclusion of the general public shall be discouraged, however,
when such permit is granted the permit fee shall be fixed by the city
council after considering the recommendation of the recreation and parks
commission
ORDINANCE NO
FILM PERMIT FEES
PAGE NO 1
110
PASSED, APPROVED AND ADOPTED this
Of , 2000.
ATTEST
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF EL SEGUNDO
Mike Gordon, Mayor
City of El Segundo, California
SS
day
1, 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 held on the day of , 2000, 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 , 2000, and the same was so passed and adopted by the following
vote
AYES
NOES
ABSENT
ABSTAIN-
Cindy Mortesen, City Clerk
APPR VED AS TO FORM:
-�
Mark D. Hensley, City Aftome
ty
ORDINANCE NO
FILM PERMIT FEES
PAGE NO 2
1 42 0
t
EL SEGUNDO CITY COUNCIL MEETING DATE: September 5, 2000
AGENDA ITEM STATEMENT AGENDA HEADING' Unfinished Business
AGENDA DESCRIPTION:
Amendment to the El Segundo Municipal Code, Sections 3 06.010 et seq.,
entitled Business Attraction Program
RECOMMENDED COUNCIL ACTION:
1 Discussion,
2 Reading of Ordinance by title only,
3 Schedule second reading of Ordinance on September 19, 2000, and /or
4 Other possible action /direction
BACKGROUND & DISCUSSION.
On June 6, 2000, the City Council appointed Councilmembers McDowell and
Wernick to a Task Force for the purpose of reviewing the procedures for
processing and approving requests for assistance from businesses under the
City's Business Attraction Program (El Segundo Municipal Code Sections
3 06.010 et seq) The members of the Task Force included both residents and
local business people Currently, the incentive program is administered by
Economic Development staff in the Department of Community, Economic and
Development Services; and all incentives must be approved by the City
Manager, but not by the City Council On August 18, 2000 the Task Force met
and determined by unanimous consensus that the existing program procedures
should be amended. The amendment adds the requirement that City Council '
approve, as an item on the consent calendar, any staff recommendation for
assistance to a business exceeding $12,500 The City Council will continue to be
advised of any assistance approved by staff which does not exceed $12,500
ATTACHED SUPPORTING DOCUMENTS:
Draft City Council Ordinance No.
FISCAL IMPACT:
Operating Budget:
Amount Requested: NOT APPLICABLE
Account Number:
Project Phase-
Appropriation required:
ORIGINATED: DATE:
7J5Read Lane, Economic Developme eptember 5, 2000
mi#s Hansen, Director, Community, Economic and Development Services
oe%newon o - MA. W
City Manager
/'Od
8/29100 4 46 PM
ORDINANCE NO
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
EL SEGUNDO, CALIFORNIA AMENDING CERTAIN SECTIONS OF
CHAPTER 3 06 OF THE EL SEGUNDO MUNICIPAL CODE, ENTITLED
BUSINESS ATTRACTION PROGRAM
THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1 The following Section is hereby added to Chapter 3 06 of the El
Segundo Municipal Code
"3 06.050 COUNCIL APPROVAL OF INCENTIVES"
"(a) The authority granted to the City Manager to approve financial incentives to
businesses under Sections 3.06.060 and 3.06.070 of this Chapter 3.06 is limited to an
aggregate amount of S 12,500 per eligible business. The City Council shall have the
exclusive authority to approve incentives to business under Section 3.06 060 and
3 060 70 which exceed the aggregate amount of S 12,500 per eligible business.
(b) In the event a business seeks an incentive which requires City Council
approval under subsection (a) of this Section 3 06.050 and such business needs a land use
approval which is subject to City Council review, the Council shall only consider the
request for the incentive. concurrently with or subsequent to the Council's review of the
land use application, or, in the event City Council's potential review of the land use
application is only by way of appeal and no appeal is filed within the time limits
established by the El Segundo Municipal Code, subsequent to the expiration of time to
file the appeal.
(c) An incentive requiring City Council approval under this Section 3 06.050
shall be placed on the Consent Calendar section of the City Council Meeting Agenda "
SECTION 2 The references to "Director of Planning and Building Safety" in
Section 3 06 070 of Chapter 3 06 of the El Segundo Municipal Code, shall re replaced
with "Director of Community, Economic and Development Services."
SECTION 3 SEVERABILITY If any section, subsection, subdivision,
paragraph, sentence, clause, or phrase of this Ordinance 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 the Ordinance or any
part thereof The El Segundo City Council hereby declares that it would have passed
each and every section, subsection, paragraph, sentence, clause, or phrase, irrespective of
the fact that any one or more sections, subsections, subdivision, paragraphs, sentences
clauses, or phrases might be declared invalid or unconstitutional
ORDINANCE NO
BUSINESS ATTRACTION PROGRAM
PAGE NO 1
8/29/00 12 06 PM
SECTION 4, EFFECTIVE DATE This Ordinance shall become effective 30
days after its adoption
SECTION 5 The City Clerk shall certify to the passage and adoption of this
Ordinance, shall cause the same to be entered in the book of the original Ordinances of
the City, 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 ii ith
the law
PASSED, APPROVED AND ADOPTED this _ day of 2000.
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 x
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 held on the day of 2000, 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 2000, and the same was so passed and adopted by the following vote
AYES
NOES
ABSENT
ABSTAIN
Cindy Mortesen, City Clerk
APPROVED AS TO FORM
ark D Hdffsley, City A omey
ORDINANCE NO
BUSINESS ATTRACTION PROGRAM
PAGE NO 2
&29!0(1,206 PM 123
EL SEGUNDO CITY COUNCIL MEETING DATE: September 5, 2000
AGENDA ITEM STATEMENT AGENDA HEADING: Unfinished Business
AGENDA DESCRIPTION:
Downtown Specific Plan Improvements for the 300 and 400 blocks of Main Street plus
underground communication conduits In the 100 and 200 block (estimated construction
cost = $1,365,000) with an option to include the 500 block (estimated construction cost
= $750,000). Estimated design cost for the three blocks is $135,000 $250,000 has
been reserved for the design and construction of the Civic Center Plaza Total
estimated cost without construction of the 500 block = $1,750,000.
RECOMMENDED COUNCIL ACTION.
Option 1
Approve the design and construction of the Downtown Specific Plan conceptual
plan elements for the 300 and 400 blocks of Main Street Including placement of
underground communication conduits in the 100 and 200 blocks of Main Street.
or
Option 2:
Approve the design and construction of the Downtown Specific Plan conceptual
plan elements for the 300, 400 and 500 blocks of Main Street, including
placement of underground communication conduits in the 100 and 200 blocks of
Main Street. Commitment of the construction funds for the 500 block will be
reevaluated in March, 2001
BACKGROUND AND DISCUSSION: (Background and Discussion begins on the next page.......)
ATTACHED SUPPORTING DOCUMENTS:
1 Scope of proposed improvements.
2 Project Schedules.
3. August 16, 2000 Request for Proposals.
FISCAL IMPACT:
$2,500,000 using $1,015,000 from FY 1999 -2000 General Fund designated fund
balance; $735,000 from FY 2000 -2001 Capital Improvement Budget; and a new
appropriation of $750,000 from Infrastructure Replacement Fund 2001 -02
unappropriated fund balance.
Capital Budget: $1,750,000
Amount Requested: $2,500,000
Account Number: 301- 400 - 8201 -8573
Project Phase: Design and construction
Appropriation Required: Yes —
Funds of $1,750,000 are currently budgeted. Construction funds of $750,000 for the
500 block of Main Street need to be appropriated prior to construction contract award.
ORIGINATED BY: Date: u /moo
PWSE"EMBER05 05 (ru"day 8129/00 3 00 IN
^
BACKGROUND AND DISCUSSION:
The purpose of this Council Report is to obtain City Council approval for the design
elements to be included in the implementation of the Downtown Specific Plan
These elements consist of replacement of existing street trees with new street trees with
tree well grates, curbs and widened sidewalk, new decorative street lights with hanging
planters and tree lighting with holiday tree lights, new underground utilities, such as
communication conduits, electrical conduits, reclaimed water irrigation system, storm
drain system, and sound system. Other elements to be considered would be street
furniture, such as trash receptacles, benches, planters and bike racks. Features, such
as curb extensions at the intersections and landscaped gateway momumentation, will
also be considered The stepping stones in the sidewalk areas will be removed by core
drilling Options are being explored as to their future location.
The consultant chosen to provide professional engineering services for the design and
construction support for this project will provide three (3) conceptual design plans which
are consistent with the City approved master plan. Upon review and approval of a
conceptual plan by the City, the consultant will be authorized to proceed with the
preparation of construction plans and specifications.
It has been suggested that Main Street be re- striped within the existing curb -to -curb
distance to provide diagonal parking. This striping would be temporary and would add
additional time to the overall project since the traffic signal loops would have to be
relocated twice and the street has to be re- striped again to conform to the final design.
On August 16"', 2000, the enclosed Request for Proposals was mailed out to solicit
proposals from qualified consultants. On August 28 , 2000, a pre - proposal conference
was held to discuss the components of the project with interested professionals. The
proposal submittal deadline is September 11"', 2000.
Any comments, suggestions, or revisions made at tonight's City Council meeting will be
shared with the consultants for inclusion in their proposals.
Ten (10) days after proposal submittals, consultant interviews with City staff will be held
with the top rated consultants. At the first City Council meeting in October 2000, a
recommendation will be made for the award of the consultant contract.
On November 21 st, 2000, the City Council will review three (3) conceptual plans and
select one (1) to be used for the final design. The design will take about three (3)
months with construction starting in May, 2001. The grand opening is scheduled for
November 15, 2001.
This schedule is very aggressive with minimal slack. Contingency periods for rain delay
or unforeseen underground construction problems are also minimal. An alternate
schedule which provides for these types of contingencies is also enclosed for Council
consideration.
PW- SEPTEMBER05 05 (Tuesday 8/29/00 3 00 P M)
125
PROPOSED SCOPE OF DOWNTOWN SPECIFIC PLAN IMPROVEMENTS
• Limits of Project. 300 and 400 blocks of Main Street, with an option to implement
the improvements in the 500 block.
Existing two (2) lanes in each direction to be replaced by a meandering one (1) lane
in each direction by alternating diagonal and parallel street parking, and landscaped
curb extensions Turning lanes will be constructed at the Main Street intersections
with Grand Avenue, Holly Avenue and Pine Avenue. Manposa Avenue will be
included if the project is extended to the 500 block of Main Street
• Existing 12' wide sidewalks to be replaced by new 16.5' wide sidewalks
• Existing ficus trees causing damage to existing private and public improvements to
be replaced by new 48" box trees with irrigation and tree well grates. Trees will be
lighted with Christmas type lights.
• Existing Southern California Edison Company owned and maintained street lights
(with Mission Bell fixtures) to be replaced by new decorative street lights that could
accommodate banners or planters. The decorative lights will be owned and
maintained by the City.
• Installation of street furniture, such as planters, benches, bike racks, trash
receptacles, etc.
• Installation of underground utilities, such as electrical conduits for street and tree
lighting, reclaimed water lines for tree and landscaping irrigation, storm drainage
system, and communication conduits. The communication conduits will be
extended south of Grand Avenue to El Segundo Boulevard.
• An audio (speaker) system is proposed for the 300 block of Main Street to facilitate
public communication in conjunction with parades and other public functions.
• The stepping stones in the sidewalk area will be saved by removing the stones by
core drilling around the stones. Options will be explored as to their future location.
• During construction, the Farmers Market will have to be relocated or temporarily
shut down. The project will include electrical or other utility hook -ups needed for the
Market. Design will be coordinated with the Recreation and Parks Department.
N \PROJECTSMOWNTOWN- PROJECT SCO (a/29M)
]2G
Landscaped curb extensions are proposed at street intersections and mid- blocks to
facilitate the meandering alignment for the two (2) traffic lanes (one (1) lane in each
direction) These extensions will also permit shortening the length of the existing
crosswalks.
The current Capital Improvement Program includes a project to install flashing red
lights at the Main Street/Pine Avenue and Main Street/Maple Avenue stop sign
intersections. Since the Pine Avenue intersection is within the specific plan protect
limits, staff recommends installation of the flashing red lights to be included in the
scope of the specific plan project
}
N 1PROJECTS,DOWNTOWN- PROJECT SCO (8129100) 2 127
AGGRESIVE
PROJECT SCHEDULE
Pre - proposal conference at El Segundo
City Council Chambers
Proposal submittal deadline
at City Clerk's office
Interviews with short listed consultants
at El Segundo City Hall
City Council award of consultant contract
Submittal of conceptual plans for
City review / approval
City Council approval of conceptual
plan for implementation
Completion of final design — Preparation
of construction plans and specifications
City Council adoption of plans
and specifications
Bid period
City Council award of construction contract
Start construction
End construction
Grand opening
N \PROJECTSCOWNTOWN- PROJECT AGR (8129100)
10.30 A.M
Monday, August 28, 2000
4:00 P M
Monday, September 11, 2000
Thursday, September 21, 2000
Tuesday, October 3, 2000
Friday, November 3, 2000
One (1) City Council meeting:
November 21, 2000
Friday, February 16, 2001
Tuesday, March 6, 2001
Monday, March 12, 2001
through
Tuesday, April 17, 2001 (bid opening)
Tuesday, May 1, 2001
Monday, May 21, 2001
Friday, October 26, 2001
Thursday, November 15, 2001
128
9W
PROJECT SCHEDULE
Pre - proposal conference at El Segundo
City Council Chambers
Proposal submittal deadline
at City Clerk's office
Interviews with short listed consultants
at El Segundo City Hall
City Council award of consultant contract
Submittal of conceptual plans for
City review / approval
City Council approval of conceptual
plan for implementation
1030A.M
Monday, August 28, 2000
4.00 P.M
Monday, September 11, 2000
Thursday, September 21, 2000
Tuesday, October 3, 2000
Friday, November 3, 2000
Two (2) City Council meetings:
November 21$` and December 5th, 2000
t
Completion of final design — Preparation
of construction plans and specifications
City Council adoption of plans
and specifications
Bid period
City Council award of construction contract
Start construction
End construction
Grand opening
Friday, April 27, 2001
Tuesday, May 1, 2001
Monday, May 7, 2001
through
Tuesday, June 19, 2001 (bid opening)
Tuesday, July 3, 2001
Monday, July 23, 2001
Friday, February 22, 2002
Thursday, March 14, 2002
N �PROJECTSWWNTOWWPROJECT SCH(8/29M) 129
iliillpdr Al"We 41 411
DATE: August 16, 2000
Public Works Department
Andres Santamaria, Director
SUBJECT: Request for Proposals for Downtown Specific Plan Improvements
The City of El Segundo is requesting proposals from qualified consultants to provide
professional engineennglarchitectural services for the design and construction support for
the subject project. It is the City's intention that a professional engineering or an architectural
firm be the prime consultant
Overview in accordance with the adopted Downtown Speck Plan:
The City recently adopted a Downtown Specific Plan to revitalize the downtown and to make VI
It more pedestrian friendly. It is currently envisioned that the downtown will have widened
sidewalks, new parking, trees, decorative street lights with hanging flower pots, curb
extensions, planters, street furniture, one (1) through traffic lane In each direction with
diagonal and parallel parking alternating between the east and west sides of Main Street and
associated traffic signal and signage improvements. An example of the concept envisioned
by the City can be found in the City of Glendale- Montrose shopping area on Honolulu
Avenue, between Montrose Avenue and Wickham Way.
The consultant will be required to develop an engineered construction plans and
specifications for installation of new street trees with tree well grates and reclaimed water
irrigation system, sidewalk widening, new decorative street lights and tree lighting, new traffic
lane and parking striping plans, new curbs and sidewalks, new underground utilities, such
as communication conduits, street f imiture, such as trash receptacles, benches, planters
and bike racks, crosswalks, curb extensions at intersections and landscaped gateway
monumentation
The scope of the work will Include the 300, 400 and 500 blocks of Main Street. Additionally,
underground fiber optics utilities shall be installed in the 100 and 200 blocks of Main Street
to connect to the utilities proposed for the 300 - 500 blocks.
N LLETTERSZOWNTOWN CVR
350 Main Street, El Segundo, CA 90245-3895 a TEL 310 - 524 -2300 FAX 310640.0489
1 00
Proposals should be submitted detailing the following tasks:
Task 1 - Preliminary Design:
Consultant shall review the adopted Downtown Specific Plan and prepare a minimum of
three (3) conceptual design proposals for review by the City and a brief report, including
preliminary cost estimates for each of the proposals The plans should be sufficiently
detailed to locate and plan all underground utility and surface improvements, including all
street lights, street striping, parking layout, curb extensions, intersection treatment and
other proposed improvements and trees. Preliminary discussions with impacted utility
agencies and City staff, design survey and research of City record drawings shall be
included in this task. The purpose of the conceptual plans should be to assist the City to
visualize and compare alternate design proposals and to make a decision regarding the
proposal to be chosen for implementation.
The conceptual proposals will be presented to the City Council for review and approval of
the scope of improvements to be selected for the preparation of construction plans and
specifications.
Task 2 - Contract Documents:
This task includes preparation of construction plans, specifications and cost estimates for
the project.
Due to the high visibility of this project, the aesthetics of the proposed improvements will
be an important consideration The ideal design should result in an integrated downtown
environment in both appearance and function.
The following work is currently anticipated (but not limited to ) to be included in this task:
Design topographical surrey.
New curbs and sidewalks with designed top of curb, gutter flow line and property line
elevations. Sidewalks shall be widened by 4.5 feet on both sides and match storefront
floor elevations at join points. Traffic signal, fire hydrant and street signage
relocations as required due to widened sidewalks.
New trees (minimum 48" box size) with structural soil, tree well grates and reclaimed
water irrigation system and tree lighting (Christmas type lights). Tree size, species,
locations, etc., are to be coordinated with the City Recreation and Parks Department.
Currently, there are no reclaimed or potable water mains in Main Street.
New decorative street lights with hanging planters with provisions for irrigation.
Underground utilities, such as reclaimed water mains, electrical (for both street and
tree lights and Farmer's Market usage) and communication conduits Communication
conduits shall extend to the 100 and 200 blocks of Main Street.
N \RFFSVOWNTOWN RFP ( 8/17100) 2
131
CLA
Provisions for street drainage including, if needed, a storm drain system consistent
with the Citys Storm Water Pollution Prevention Ordinance.
Street furniture, such as trash receptacles, benches, planters, bike racks, etc
• Coordination with the design of the Civic Center Plaza renovation adjacent to the City
Hall Design of this renovation is not part of consultant's scope of work
• All design shall conform to ADA requirements for handicapped accessibility.
• Landscaped and lighted entry monuments.
• Decorative curb extensions at intersection comers designed to shorten crosswalk
lengths
• Flashing red light signals (LED type) for the southbound and northbound Main Street
traffic at the Main Street/Pine Avenue stop sign intersection. A similar installation will
be included in the project scope for the stop signs at the Main Street/Maple Avenue
intersection.
• New striping plans, including street parking layout, traffic loop detector and signal
relocations as needed, red curb locations, and intersection details for traffic
delineation. The current intention is to create one (1) meandering lane in each
direction by alternating diagonal parking and landscaping streets on both sides of
Main Street.
o Additional design considerations are enclosed.
Task 3 - Bid Phase:
The City may choose to have the bidders pre- qualified and ff this option is chosen,
consultant shall assist the City in developing the pre -qualification requirements.
Engineering services during the bid phase, including attending a pre -bid conference and
being available to answer questions from prospective bidders, preparation of addendums
to the advertised plans and specifications, review of bids received, including making
reference checks and making recommendation for contract award.
Task 4 - Construction Phase:
Consultant services during construction, including attending a pre - construction
conference, review and recommendations regarding contractor's request for information,
contractor's show drawings, submittals, progress payment invoices, change orders,
periodic (average one (1) per week) site visits during construction and making a
recommendation for final acceptance of the work. Resident engineer and daily inspection
services, contract administration, special inspection and testing services, etc., and are not
to be included.
N 1RFP'SZOWNTOWN RFP (8117100)
13 2
r
Task 5 - Meetings:
For the purpose of the proposal, include within each task an adequate number of
meetings with City staff, Planning Commission, City Council, utility agencies, and the
project contractor needed to complete the particular task
N �RFP SOOWNTOWN RFP (8117/00)
133
The proposals, at a minimum, should include the following information:
1 Consultant's understanding of the project and a description of how the consultant
will approach the project with specific milestones and deliverables
2 Consultant's qualifications and prior recent experience within the last ten (10) years
as the prime consultant of record completing a current project of a similar nature
and scope with names and current telephone numbers of references that can be
contacted. In this regard, the City is only interested in the Consultant's track record
in implementation of similar Downtown Specific Plan /Revitalization Projects
3 Consultant's project team, including name of project manager, and sub - consultants
(architectural, landscaping, etc ) to be retained by the consultant
4 Scope of Services to be provided with a breakdown of different tasks.
Consultant's estimated fee for the project, broken down separately for each of the
tasks. The fee shall be based on consultant's employee rate schedule with a not to
exceed amount, including the estimated costs for mileage, reimbursable and
reproduction costs. Please submit employee rate schedule with the proposal.
Consultant fee will not be used as the sole basis for the selection, however will be a
factor for consideration.
6 Mandatory time schedule to implement this project is enclosed
7. A statement that consultant is agreeable to execute the enclosed City - Consultant
agreement, to provide proof of insurance as noted in the agreement and to obtain
and maintain a City Business License for the duration of the consultant services.
N\RFP'S\DOWNTOWN RFP (8/16100)
134
Selection Process:
City staff will review all received proposals
to come to an interview with City staff
recommendation to the City Council
The top rated consultants may be requested
, which will make the final selection for
An original and six (6) hard copies of your proposal (facsimile and e-mail proposals are
not acceptable) should be submitted by:
4:00 P.M., Monday, Seotember 11, 2000
ATTENTION:
Office of the City Clerk
City of El Segundo
350 Main Street
El Segundo, CA 90245 -3895
Please mark the outside of the mailing envelope
"REQUEST FOR PROPOSALS ".
CONTACT:
_ Mr Bellur Devaraj
City Engineer
Public Works Department
Telephone. 310 - 524 -2358
A pre - proposal conference is scheduled in the El Segundo City Hall Council
Chambers at 10:30 A.M. on: Monday, August 28, 2000,
in order to familiarize prospective consultants about the project and to provide additional
information. It will be very helpful if written questions are sent previously to the City so
that answers can be prepared and shared with other consultants at the above pre -
proposal meeting.
Sincerely,
Bellur K. Devarai
City Engineer
BKD.dr
Enclosure
N WP'STOWNTOWN REP (6(16100) 6
t
135
PROJECT SCHEDULE
Pre - proposal conference at El Segundo
City Council Chambers
Proposal submittal deadline
at City Clerk's office
Interviews with short listed consultants
at El Segundo City Hall
City Council award of consultant contract
Submittal of conceptual plans for
City review / approval
Completion of final design —
Plans and specifications
City Council adoption of plans
and specifications
Bid period
City Council award of construction contract
Start construction
End construction
Grand opening
N 1PROJECTSTOUGLAS- PROJECT SCH (a/16100)
10.30 A.M
Monday, August 28, 2000
4.00 P.M
Monday, September 11, 2000
Thursday, September 21, 2000
Tuesday, October 3, 2000
Friday, November 3, 2000
Friday, February 16, 2001
Tuesday, March 6, 2001
Monday, March 12, 2001
through
Tuesday, April 17, 2001 (bid opening)
Tuesday, May 1, 2001
Monday, May 21, 2001
Friday, October 26, 2001
Thursday, November 15, 2001
136
DOWNTOWN SPECIFIC PLAN IMPROVEMENTS
(300, 400 and 500 blocks of Main Street)
ADDITIONAL DESIGN CONSIDERATIONS
Irrigation for New Trees:
Currently there are no water mains in Main Street and Richmond Street To provide the
irrigation system a new reclaimed water main needs to be installed Currently, there is a
reclaimed water main in the 300 — 500 block of Eucalyptus Drive and in Manposa
Avenue, between Eucalyptus Drive and Virginia Street
2. Underground Utilities:
These utilities (water, electrical for both tree and street lights, fiber optics, etc., for both
sides of the street) need to be installed before the surface improvements are installed.
The project needs to be designed to determine sizing and location of these utilities
Consideration should be given for an audio system adjacent to the Civic Center
3. Traffic Signals:
Signals at Main /Grand and Main /Holly need to be relocated due to sidewalk widening
and new traffic loops installed to match the revised lane configuration
4. New Street Lights:
Currently, City street lights (including the Mission Bell lights of Main Street) are owned
and maintained by S.0 Edison Company. Edison may not want to own and maintain
the proposed decorative light poles and fixtures with hanging planters Once installed,
the City will have to own and maintain these lights unless we can get Edison to take on
this responsibility
5. Stepping Stones:
It is likely that these stones will be damaged or broken during demolition of the existing
sidewalk and provisions should be made for replacement,
6. Curbs and Sidewalks:
A visual inspection indicates that the curbs and sidewalks have settled at certain
locations At a worst case, there is no existing curb face. The floor of adjacent
businesses matches the settled sidewalks. Widening of sidewalk, with construction of
new curb, should be engineered with grades set for top of curb and flow lines (to ensure
proper street drainage) in order to prevent the new sidewalks from draining towards the
property line (store fronts), and to prevent localized ponding of water on the street
N \PROJECTSTOW NTOW N SPC (8111100)
137
7. Farmers Market:
During construction, the Farmers Market may have to be relocated or temporarily shut
down Electrical and other hook -ups to serve the market needs to be coordinated with
the operator of the market and installed with this project
Crosswalks:
Options for crosswalk treatment (color patterned concrete pavers, for example) needs to
be explored.
Newsracks:
There are several newsracks within the project site Newsrack owners to be notified in
advance of project construction to remove or relocate the newsracks New installations
should comply with design and Municipal Code requirements
10. Benches:
Decision with the Chamber of Commerce needs to be made if the existing Chamber's
benches will be removed and installed or replaced by newly designed benches
11. Outdoor Restaurants:
Restaurants that currently have a permit from the City for outdoor dining need to be
notified that the permits will be void during construction activities.
12. Fire Hydrants:
Coordinate with the City Fire and Water Departments relocation of existing or installation
of new hydrants.
13. Other Street Furniture:
New trash receptacles should accommodate recyclable materials. Post Office needs to
be contacted to remove or relocate existing mailboxes impacted by construction.
14. Curb Extensions:
Review of feasibility of curb extensions at intersection comers and mid -block crosswalks
with benches, planters, trash receptacles, etc. The negative impact to street
maintenance, such as street sweeping and street drainage (particularly Main Street
which has relatively flat grades), needs to be considered for the feasibility study.
N NPROJECTSiDOWNTOWN SPC (8/11/00) 2
138
EL SEGUNDO CITY COUNCIL MEETING DATE. September 5, 2000
AGENDA ITEM STATEMENT AGENDA HEADING: Committees,
Commissions and Boards
AGENDA DESCRIPTION:
Request to have a concert and picnic In Library Park, Sunday, October 22, 2000
from 10 00 a m. to 3 00 p m. The event is free to the public, with food, door
prizes and logistical support from a local business
RECOMMENDED COUNCIL ACTION.
Approve Recreation and Parks Commission Recommendation
BACKGROUND & DISCUSSION:
Resident Perry DeNisi, who is an active member of El Segundo's new
Community Band, filed a request for the picnic and concert through the
Recreation and Parks Department in order to promote cultural arts, and upgrade
the music program in El Segundo by providing a wholesome activity for the entire
family to enjoy.
The Recreation and Parks Department will provide tables and chairs as needed
Mr DeNisi has also attained the sound and picnic permits necessary. He will be
informed of any insurance requirements necessary for staging the event
El Segundo Recreation and Parks Commission recommended approval at the
August meeting
ATTACHED SUPPORTING DOCUMENTS None
FISCAL IMPACT None
Operating Budget:
Amount Requested.
Account Number:
Project Phase:
p riation Retluired:
Greg Joh soil, Director of Recreation and Parks
Vr1v
concert
139
EL SEGUNDO CITY COUNCIL MEETING DATE: September 5, 2000
AGENDA ITEM STATEMENT AGENDA HEADING: Committees,
Commissions and Boards
AGENDA DESCRIPTION:
El Segundo Community Cable Advisory Committee requests the City to
1) Pursue possible back franchise fees owed to the City by Time Warner Cable
2) Request reimbursement for costs incurred by the City relating to the recent
AOL/Time Warner transfer
RECOMMENDED COUNCIL ACTION:
City Attorney's office send a letter to Time Warner Cable requesting provide the
an accounting of franchise fees owed and paid to the City dating back to 1991,
and requesting any outstanding franchise fees owed to the City to be paid
immediately. The letter should also request reimbursement of city- incurred costs
relating to the AOL/Time Warner franchise transfer.
BACKGROUND & DISCUSSION:
In August 2000 the City Council approved a merger request from Time Warner
cable to become AOLlfime Warner. During the review process the Cable
Committee conducted research and found that Time Warner had possibly
underpaid the city franchise fees owed from 1991. The prior cable companies,
Paragon Cable, Time Warner, and many other cable providers in other cities,
were not paying franchise fees based upon the total amount of the bill provided
to each cable subscriber (Continued on reverse side)
ATTACHED SUPPORTING DOCUMENTS: None
FISCAL IMPACT:
Operating Budget
Amount Requested:
Account Number:
Project Phase:
Appropriation required: NO
El Segurildo�Qo#lmunity Cable Advisory Committee
Manager
DATE: August 29,
DATE: August 29, 2000
4/F
140
8/31/00 9 02 AM
i
Rather, most cable providers were not including the base franchise fee amount in
calculating the total franchise fee to be paid. This calculation for the franchise
fees was the subject of FCC hearings and ruling during the mid and late 1990's
An audit conducted by cable consultants Telecommunications Management
Corporation (TMC) showed that Paragon Cable owed the city $36,000 in 1995
based upon the franchise fee calculation issue discussed above. At that time,
the City Council decided not to pursue the collection of these fees There was a
concern that the cost of the reimbursement might be passed along to the
residents of El Segundo. Moreover, there was significant concern that the legal
fees and costs could eclipse the amount in dispute In 1996 Time Warner
became the cable franchisee. According to the finance department, Time
Warner apparently continued this franchise fee calculation practice until January
1998
In order to verify the potential amount of franchise fees potentially in dispute and
bring closure to this matter, the city attorney's office, as well as TMC consultants
have recommended the city formally demand an accounting of back payments,
and payment of any back fees owed to the city.
Time Warner has also been notified that they are responsible for up to $15,000 of
costs incurred to the city as a result of the recent AOL/Time Warner transfer It is
estimated that El Segundo has incurred $3,300 plus City Attorney fees, and the
cable committee recommends the city request payment in full for these costs.
Staff is currently putting together a formal request for reimbursement of these
costs which Time Warner has previously agreed to pay pursuant to the August
2000 merger resolution approved by the Council
141
8/31/00 9 02 AM
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CITY OF EL SEGUNDO
PAYMENTS BY WIRE TRANSFER
8/5/2000 THROUGH 8125/2000
Date
Payee
Amount
Description
8/9/00
Health Comp
3,52542
Weekly claims 8/4
8/9/00
Wells Fargo
50,000 00
Workers Comp Transfer
8/9100
Wells Fargo
30,000 00
TPT Lakes Payroll Transfer
8110/00
West Basin
815,920 88
H2O payment
8/11100
Federal Reserve Bank
20000
Employee Savings Bond PR4
8/15/00
Health Comp
-
Weekly claims 8/11
8/17/00
IRS
171,333 22
Federal Taxes PR 4
8117/00
Employment Development
32,297 63
State Taxes PR 4
8/23/00
Wells Fargo
30,000 00
TPT Lakes Payroll Transfer
8/24/00
Health Comp
28566
Weekly claims 8/18
8/25100
Federal Reserve Bank
300,00
Employee Savings Bond PR5
1,133,862 81
DATE OF RATIFICATION: 9/5/00
TOTAL PAYMENTS BY WIRE:
Certified as to the accuracy of the wire transfers by
Deputy Treasurer — . i � C, / fir —/�,,-�)
/ Date
Finance Director.
✓7� Date
City Manager
Date
1,133,862.81
Information on actual expenditures is available in the City Treasurer's Office of the City of El Segundo
P \Wire Transfers8 -25 As 143
SPECIAL MEETING OF THE EL SEGUNDO CITY COUNCIL
WEDNESDAY, AUGUST 9, 2000 — 4:30 P.M.
CALL TO ORDER - Mayor Gordon at 4 40 p m
ROLL CALL
Mayor Gordon - Present
Mayor Pro Tern Jacobs - Present
Council Member Gaines - Present
Council Member McDowell - Present
Council Member Wernick - Present
PUBLIC COMMUNICATIONS - NONE
A. SPECIAL ORDERS OF BUSINESS -
Consideration of a special permit to hold a circus August 13, 2000.
MOVED by Council Member McDowell, SECONDED by Council Member Gaines to
approve the application as submitted. MOTION PASSED BY UNANIMOUS VOICE
VOTE. 5/0
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 pnor to addressing the City Council Failure to do so shall be a misdemeanor and
punishable by a fine of $250 _
s
Wini McKay, Director and Co- Founder of L.A. Circus, spoke regarding her organization.
Tazu (kin, DirecTV, noted that an Los Angeles County Animal Control Officer will be on site
Council Member Wernick suggested that a checklist be developed to accompany permit
applications to address special issues so that, in the future, the need to call a Special Meeting
would be avoided
CLOSED SESSION - NONE
ADJOURNMENT at 4:50 p.m
Marlene Baker, Clerk Pro Tern
144 10
REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, AUGUST 15, 2000 - 5:00 P.M.
5:00 PM Session
CALL TO ORDER - Mayor Pro Tern Jacobs at 5 00 p.m
ROLL CALL
Mayor Gordon
Mayor Pro Tern Jacobs
Council Member Gaines
Council Member McDowell
Council Member Wernick
CLOSED SESSION:
Absent
Present
Present
Present
Excused Absence — Medical Reasons
The City Council moved into a closed session pursuant to applicable law, including the Brown Act
(Government Code §54950, at M.) 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 (Govt Code §54956 9(a))
1. City of El Segundo v Bd. of Airport Commissioners, et al , LASC Case No. BC 220609
2 Ralston v El Segundo, LASC Case No YC 036223
3 Hill v El Segundo, USDC No CV 98- 1463- LGB(SHX)
4 Valone Williams v Brian D Evanski, et al , LASC Case No 99002571
5 Venegas v El Segundo, LASC Case No BC207136
6 in re Randall's Island Family Golf Centers, Inc., U.S. Bankruptcy Court, Southern District of
New York, Case No 00 -41065
7 Phillips Petroleum, et al. v County of Los Angeles, et al., USDC No. 1938 -MRP (MANx)
8 Shell Chemical Company, et al. v County of Los Angeles, et al., USDC No. 1917 -GHK
(RCx)
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to Gov't Code §54956 9(b). -0- potential case (no further
public statement is required at this time); Initiation of litigation pursuant to Gov't Code §54956.9(c).
-3- matters
DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957) — None.
CONFERENCE WITH CITY'S LABOR NEGOTIATOR - (Gov't Code §54957 6) — City
Representative Mary Strenn. Employee Organizations, City Employees' Association, Supervisory
& Professional Employees' Association, and all unrepresented employees
CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8) — None
MINUTES OF THE
REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
AUGUST 15, 2000
PAGE NO 1
145
REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, AUGUST 15, 2000 - 7:00 P.M.
7:00 PM Session
CALL TO ORDER - Mayor Pro Tem Jacobs at 7 00 p.m
INVOCATION - Rev. Alexei Smith, Saint Andrew Russian Greek Catholic Church
PLEDGE OF ALLEGIANCE - Council Member McDowell
PRESENTATIONS - NONE
ROLL CALL
Mayor Gordon
- Absent
Mayor Pro Tem Jacobs
- Present
Council Member Gaines
- Present
Council Member McDowell
- Present
Council Member Wemick
- Absent
Mayor Pro Tem Jacobs noted that Mayor Gordon was absent from the meeting because he was
participating as a Delegate in the Democratic National Convention
Council Member McDowell noted that Council Member Wemick was absent from the meeting
because of a recent serious medical problem and wished her a speedy recovery
PUBLIC COMMUNICATIONS - (Related to City Business Only .5 minute limit per person, 3a
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 While all comments are welcome, the Brown Act does
not allow Council to take action on any dem not on the agenda The Council will respond to comments after Public
Communications is closed
Sandra Mason, resident, spoke regarding scooter problem Stated posted signs are faded and do
not include prohibition of scooters Also requested clarification of Consent Agenda Item #17
A. PROCEDURAL MOTIONS
Consideration of a motion to read all ordinances and resolutions on this Agenda by title
only
MOVED by Council Member Gaines, SECONDED by Council Member McDowell to read all
ordinance and resolutions on this Agenda by title only. MOTION PASSED BY THE
FOLLOWING VOICE VOTE: AYES: MAYOR PRO TEM JACOBS, COUNCIL MEMBERS
GAINES AND MCDOWELL; NOES: NONE; ABSENT: MAYOR GORDON AND
COUNCIL MEMBER WERNICK. 3/0
MINUTES OF THE
REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
AUGUST 15.200
PAGE NO 2
146
City Attorney Mark Hensley requested that Item No. 21, Introduction and First Reading of an
ordinance Amending Chapter 3.24 130 of the El Segundo Municipal Code relating to Utility User's
Tax (UUT); adoption of UUT Administrative Rules and Regulations; and approval of UUT fixed fee
and legal services agreements, be postponed.
Council consensus to postpone the item and re- agendize for the September 5, 2000 City Council
Meeting
B. SPECIAL ORDERS OF BUSINESS - NONE
C. UNFINISHED BUSINESS - NONE
D. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS
El Segundo Community Cable Advisory Committee request for funding to publish weekly
cable schedule in the El Segundo Herald and secure additional advertising to promote
programs.
City Manager Mary Strenn and Judy Andoe, Recreation Superintendent, responded to
Council questions.
MOVED by Council Member Gaines, SECONDED by Council Member McDowell to
approve a budget of $2,500 to advertise the City's cable schedule in the El Segundo
Herald, and to pursue alternate marketing methods to increase viewership. MOTION
PASSED BY THE FOLLOWING VOICE VOTE: AYES: MAYOR PRO TEM JACOBS,
COUNCIL MEMBERS GAINES AND MCDOWELL; NOES: NONE; ABSENT: MAYOR
GORDON AND COUNCIL MEMBER WERNICK. 310
2 Modify Street Tree Policy to provide 24" box trees instead of 15 gallon trees when
replacing street trees.
MOVED by Council Member McDowell, SECONDED by Council Member Gaines to modify
the Street Tree Policy to provide 24" box trees instead of 15 gallon trees when replacing
street trees. MOTION PASSED BY THE FOLLOWING VOICE VOTE: AYES: MAYOR
PRO TEM JACOBS, COUNCIL MEMBERS GAINES AND MCDOWELL; NOES: NONE;
ABSENT: MAYOR GORDON AND COUNCIL MEMBER WERNICK. 3/0
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.
3 Approve Warrant Numbers 2511694- 2512021 on Register No. 21 in total amount of
$2,106,576 36, and Wire Transfers in the amount of $265,407.65.
4. Approve City Council meeting minutes of August 1, 2000.
MINUTES OF THE
REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
AUGUST 15.2000
PAGE NO 3
147
5. Adopt Resolution No. 4179 authorizing the El Segundo Public Library to become a
member of Arroyo Seco Library network, Region IV, created by the Library of
California Act, 1998 and authorize the Library Director to sign the Arroyo Seco
Library Network Membership Appliation Forms
6 PULLED BY CITY ATTORNEY MARK HENSLEY
7 Approve Revocable Lease Agreement No 2815 between the City of El Segundo and
Pacific Building Interiors, Inc to lease a portion of City property at 630 South
Douglas Street (annual revenue = $4,968.00) and authorize the Mayor to execute
the Agreement on behalf of the City.
Approve Agreement No. 2816 between the West Basin Municipal Water District and
the City of El Segundo for project coordinator services regarding the West Basin
Water Recycling Project (estimated cost of services = $53,333 00) and authorize the
Mayor to execute the Agreement on behalf of the City
9 Appropriate $40,000 from completed sewer Capital Improvement Projects and
$125,000 from unappropriated fund balance General Fund; Award of Contract No.
2817 to H. B Covey, Inc for the rehabilitation of Sanitary Sewer Pump Station No.
13 — Project No PW 00 -1 A (contract amount = $359,900.00); Authorize the Mayor
to sign the standard Public Works Construction Agreement after approval as to form
by the City Attorney
10 Award Contract No. 2818 to Pavement Coatings Company for fiscal year 1999 -2000
slurry seal — Project No PW 00 -11 (contract amount = $100,893 16) and authorize
the Mayor to sign the standard Public Works Construction Agreement after approval
as to form by the City Attorney,
11 Approve Agreement No. 2819 with David Evans & Associates, Inc. for $77,500 00 to
provide professional engineering services for the re- construction of Storm Water
Pump Station No 16, located at the intersection of Eucalyptus Drive and Holly
Avenue (estimated portion to be spent in FY 1999 -2000 = $17,210.00) and authorize
the Mayor to execute the Agreement on behalf of the City.
12 Approve adoption of specifications for resurfacing of decks, underground
waterproofing and drain installation at Park Vista Senior Housing (Estimated cost =
$94,000.00) and authorize staff to advertise the project for receipt of construction
bids.
13. PULLED BY MAYOR PRO TEM JACOBS
14. PULLED BY MAYOR PRO TEM JACOBS
15. PULLED BY MAYOR PRO TEM JACOBS
16 PULLED BY MAYOR PRO TEM JACOBS
MINUTES OF THE
REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
AUGUST 15, 2000
PAGE NO 4
I Me
17. PULLED BY MAYOR PRO TEM JACOBS
18 Approve the purchase of twenty (20) tactical entry body armor vests from Adamson
Industries
19 Receive and file report on status of street tree removals
MOVED by Council Member Gaines, SECONDED by Council Member McDowell to
approve consent agenda items 3, 4, 5, 7, 8, 9, 10, 11, 12, 18 and 19 MOTION PASSED
BY THE FOLLOWING VOICE VOTE: AYES: MAYOR PRO TEM JACOBS, COUNCIL
MEMBERS GAINES AND MCDOWELL; NOES: NONE; ABSENT: MAYOR GORDON
AND COUNCIL MEMBER WERNICK. 3/0
CALL ITEMS FROM CONSENT AGENDA
Adopt Ordinance No 1320 which modified Ordinance No. 1235, which established
storm water and urban runoff pollution prevention controls, to meet the recently
approved Standard Urban Storm Water Mitigation Plan (no fiscal impact)
City Attorney Mark Hensley noted that since the first reading of the SUSMP ordinance it has
become apparent that it is necessary to make significant revisions to the proposed
ordinance The revised ordinance will better serve to protect the City's interests in light of
the increasing regulatory pressure being exerted by the Regional Water Quality Control
Board. He requested introduction of the ordinance at this meeting and second reading and
possible adoption at the September 5, 2000 Council Meeting
City Attorney Mark Hensley read the following
ORDINANCE NO. 1320
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL
SEGUNDO, CALIFORNIA, IMPLEMENTING THE STANDARD
URBAN STORM WATER MITIGATION PLAN OF THE CALIFORNIA
REGIONAL WATER QUALITY CONTROL BOARD FOR THE LOS
ANGELES REGION BY AMENDING THE EL SEGUNDO MUNICIPAL
CODE TO ADD NEW CHAPTER 6.28, "STANDARD URBAN STORM
WATER MITIGATION PLAN IMPLEMENTATION"
Council Member John Gaines introduced Ordinance No 1320.
13 Approve rejection of both bids for the supply of doors for Phase 6 & 7 of the City's
Residential Sound Insulation (RSI) program on the basis that they were non-
responsive and authorize staff to readvertise the door supply bids.
14 Approve first one -year extension to the City's Contract No. 2737 with Wyle
Laboratories, Inc (Wyle) for architectural, engineering and acoustical services in
support of the City's Residential Sound Insulation (RSI) Program and authorize the
Mayor to execute
MINUTES OF THE
REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
AUGUST 15.2000
PAGE NO 5
149
F
Er
15. Approve Contract No. 2620 with Milgard Manufacturing, Inc. ( Milgard), manufacturers
of Milgard Windows, for $167,940 for supply of vinyl windows in support of Phases 6
& 7 of the City's Residential Sound Insulation (RSI) Program and authorize the
Mayor to execute upon approval of City Attorney
16 Approve Contract No 2821 with Graham Architectural Products Corporation
(Graham), manufacturers of Graham Windows, for $19,504 for Supply of Aluminum
Windows in support of Phases 6 & 7 of the City's Residential Sound Insulation (RSI)
Program and authorize the Mayor to execute upon approval of City Attorney
17 Approve Contract No. 2822 with Great West Contractors, Inc (Great West) for
$594,635 00 for General Contractor services in support of Phases 6 & 7 of the City's
Residential Sound Insulation (RSI) Program and authorize the Mayor to execute
upon approval of the City Attorney.
City Manager Mary Strenn spoke regarding the Residential Sound Insulation (RSI) Program
and noted that consent agenda items 13, 14, 15, 16 and 17 all pertained to the RSI
Program
MOVED by Council Member Gaines, SECONDED by Council Member McDowell to
approve consent agenda items 13, 14, 15, 16 and 17 MOTION PASSED BY THE
FOLLOWING VOICE VOTE: AYES: MAYOR PRO TEM JACOBS, COUNCIL MEMBERS
GAINES AND MCDOWELL; NOES: NONE; ABSENT: MAYOR GORDON AND
COUNCIL MEMBER WERNICK. 310
NEW BUSINESS -
20 Presentation of FY 2000 -2001 Preliminary Operating Budget and Five -Year Capital
Improvement Project Plan.
Mary Strenn, City Manager, gave a report and announced budget calendar
Budget Workshop August 21, 2000 6:00 p.m. to 9:00 p.m.
Public Hearing September 5, 2000, 7:00 p.m.
Continued Hearing & Adoption September 19, 2000, 7:00 pm.
Council consensus to receive and file FY 2000 -2001 Preliminary Operating Budget and
Five -Year Capital Improvement Project Plan.
21 ITEM HELD OVER UNTIL SEPTEMBER 5, 2000 CITY COUNCIL MEETING
REPORTS - CITY MANAGER —
Reported on the FAA Grant available for the RSI Program
REPORTS — CITY ATTORNEY - NONE
MINUTES OF THE
REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
AUGUST 15, 2000
PAGE NO 6
150
1. REPORTS - CITY CLERK - NONE
J. REPORTS - CITY TREASURER - NONE
K. REPORTS - CITY COUNCIL MEMBERS
Council Member McDowell -
Stated next "Office Hours" at Recreation Park would be Saturday, August 26, 1000
a.m - 12.00 p.m , In the Picnic Pavilion.
Council Member Gaines -
Reported on the modernization of the Los Angeles Airforce Base and possible
conflict of interest Stated the FPPC has concurred that he is not in conflict
Mayor Pro Tern Jacobs - NONE
Reported on the recent Sister City visit.
PUBLIC COMMUNICATIONS - NONE
MEMORIALS - In memory of Gale Martin, former Manhattan Beach City Manager
CLOSED SESSION - NONE
ADJOURNMENT at 7 25 p.m
Cathy Domann, Deputy City Clerk
MINUTES OF THE
REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
AUGUST 15, 2000
PAGE NO 7
151
SPECIAL MEETING OF THE EL SEGUNDO CITY COUNCIL
MONDAY, AUGUST 21, 2000 - 6:00 P.M.
CALL TO ORDER - Mayor Gordon at 6.00 p m
PLEDGE OF ALLEGIANCE - Council Member Kelly McDowell
ROLL CALL
Mayor Gordon
- Present
Mayor Pro Tern Jacobs
- Present
Council Member Gaines
- Present arrived at 6:40 P.M
Council Member McDowell
- Present
Council Member Wernick
- Excused Absence - Medical Reasons
A. SPECIAL ORDERS OF BUSINESS -
Workshop Discussion of FY 2000/2001 Preliminary Budget and Five -Year Capital
Improvement Plan.
Mary Strenn, City Manager, gave a brief introduction and presented the following Policy Issues,
established by the Council at the Strategic Planning Session held July 24, 2000
City Council directed staff to use up to $2 5 million from the FY 1999 -2000 General Fund surplus
in the following manner -
Designate an additional $789,000 toward LAX Master Plan Intervention
Designate an additional $1,015,000 toward the Downtown Speck Plan improvements,
including $250,000 toward Civic Plaza improvements.
Designate an additional $250,000 for Fire Station #2 This will bring the total funding to lust
over $1 6 million by the end of FY 2000 -2001.
FY 2000 -2001 new projects added
• Allocate $300,000 for Architectural Design of Community Center.
• Allocate $267,000 for public works projects placed below the line by CIPAC This consists of
$47,000 for Reconstruction of City Hall parking lots, $45,000 replacement of Sump Pump at
Storm Water Station #17, and $175,000 replacement of Sewer Mains.
New program and personnel changes:
• One new full -time position, 1.9 additional FTE, and new program requests totaling $521,750,
and a proposed 10% increase in City Attorney fees
Bret Plumlee, Director of Finance, presented the Revenue, Expenditure, and Capital Improvement
Projects Summary overviews
MINUTES OF THE
SPECIAL MEETING OF THE EL SEGUNDO CRY COUNCIL
AUGUST 21, 2000
PAGE NO 1
15 2
Elected Officials - Bret Plumlee
City Council
City Clerk
City Treasurer
Administrative Support Services - Bret Plumlee
City Manager
City Attorney
Human Resources
Finance
Internal Service /Nondepartmental - Bret Plumlee
Community Economic & Development Services - Jim Hanson
Economic Development
Planning
Building Safety
Public Works - Andy Santamana
Recreational /Cultural
Recreation and Parks - Greg Johnson
Library - Debra Brighton
Public Safety
Police - Chief Tim Grimmond
Fire - Chief Craig Pedego
PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit) - NONE
ADJOURNMENT at 7.35 p m
Cathy Domann, Deputy City Clerk
MINUTES OF THE
REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
AUGUST 21, 2000
PAGE NO 2
153
EL SEGUNDO CITY COUNCIL MEETING DATE: September 5, 2000
AGENDA ITEM STATEMENT AGENDA HEADING: Consent Calendar
AGENDA DESCRIPTION:
Second reading and adoption of an ordinance amending the contract between the Board
of Administration of the Public Employees Retirement System and the City Council of the
City of El Segundo and providing Section 21362.2 (3% at 50 Full Formula) for local Police
members as required by the El Segundo Police Officers' Association 2000 -03
Memorandum of Understanding
RECOMMENDED COUNCIL A TIO :
1) Second reading and adoption of ordinance, by title only; and /or
2) Other possible action /direction.
INTRODUCTION AND BACKGROUND:
- Please see attached page marked Background and Discussion -
ATTACHED SUPPORTING DOCUMENTS:
Ordinance No. 1321 authorizing amendment to the City's contract with PERS;
Amendment contract documents prepared by PERS Actuarial and Employer Services
Division;
Resolution No. 4175 approving amendment to the City's contract with PERS.
FISCAL IMPACT: $380,000 during FY 206-0751
Operating Budget: N/A
Amount Requested: N/A
Account Number. N/A
Project Phase: N/A
Appropriation Required: No
Date: August 29, 2000
=b^
154 11
Background and Discussion:
Section 3 of the 2000 -2003 Memorandum of Understanding between the City of El
Segundo and the El Segundo Police Officers' Association, approved by the City Council
at the regular meeting of July 18, 2000, provides that the City will provide 3% at 50 Full
Formula Retirement Benefits for the members of the Association. On August 1, 2000, the
City Council adopted a Resolution of Intention to amend the City, s contract with PERS,
declared publicly the annual future costs of the benefit change and introduced an
ordinance ratifying the change of benefits, as required by PERS Upon adoption of the
ordinance attached, the effective date of the 3% @ 50 retirement formula for police
officers would be October 7, 2000.
The Council should recall that the Employer Contribution Rate change appears relatively
modest because of a temporary PERS policy to apply a one -time 95% valuation of the
City's public safety retirement plan assets. That temporary policy was enacted by PERS
as an incentive for agencies to provide enhanced retirement benefits for their safety
employees. When the City Council considers a contract amendment to provide 3% at 55
retirement benefits for Fire Safety employees in 2001, the assets of the entire safety plan
(which includes both Police and Fire employees) will be valued at 90 %, which is
traditional PERS policy, and will reflect a change in the City's contribution rate exceeding
3.726%
In addition, the Council should note that PERS will prepare an additional actuarial
statement between now and the time the Council considers a second amendment to
enhance Fire Safety retirement benefits. However, based on current data, staff estimates
that the City's contribution rate will increase approximately 7.5% when that amendment
occurs. That rate would include both Fire and Police Safety employees. Staff recognizes
that the respective payrolls for the Fire and Police Departments differ significantly.
Accordingly, staff is developing a method of apportioning accurate PERS costs for each
unit, even though both units are combined under the City's public safety contract with
PERS.
Finally, the council should note that the City and the El Segundo Police Officers,
Association have finalized a comprehensive Memorandum of Understanding That
document was signed on August 29, 2000.
15j
r
. _ ORDINANCE NO. -1321
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF EL SEGUNDO, CALIFORNIA, AUTHORIZING
AN AMENDMENT TO THE CONTRACT BETWEEN
THE CITY COUNCIL OF THE CITY OF EL SEGUNDO
AND THE BOARD OF ADMINISTRATION OF THE
CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT
SYSTEM.
WHEREAS, the Public Employees' Retirement Law permits the participation of
public agencies and their employees in the Public Employees' Retirement System by the
execution of a contract, and sets forth the procedure by which said public agencies may
elect to subject themselves and their employees to amendments to said Law; and
WHEREAS, one of the steps in the procedures to amend the contract is the
adoption by the governing body of the public agency of an ordinance to approve an
amendment to said contract
NOW THEREFORE, the City Council of the City of El Segundo does ordain as
follows-
SECTION 1. That an Amendment to the contract between the City Council of the
City of El Segundo, California and the Board of Administration, California Public
Employees' Retirement System, is hereby authorized, a copy of said Amendment being
attached hereto, marked Exhibit, and by such reference made a part hereof as though
herein set out in full.
t
SECTION 2. The Mayor of the City Council of the City of El Segundo is hereby
authorized, empowered, and directed to execute said amendment for and on behalf of said
Agency
SECTION 3. The Ordinance shall take effect thirty (30) days after the date of its
adoption, and prior to the expiration of fifteen (15) days from the passage thereof shall be
posted in at least three (3) places throughout the City Hail of the City of El Segundo,
California, 350 Main Street, El Segundo, California, located in Los Angeles County and
thenceforth and thereafter the same shall be in full force and effect.
SECTION 4. The City Clerk is directed to certify the adoption of this ordinance and
shall cause the same to be published or posted in the manner prescribed by law.
156
ORDINANCE NO I 19 1
AUTHORIZING AMEWNDMENT TO PERS CONTRACT
PAGE NO t
PASSED, APPROVED AND ADOPTED this day of
2000.
Mike Gordon, Mayor
City of El Segundo, California
ATTEST
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO )
I, Cathy Domann, Deputy 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 held on the day of
, 2000, 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 , 2000, and the same was so passed and adopted by the following
vote
AYES
NOES
ABSENT
ABSTAIN
Cindy Mortesen, City Clerk
APPROVED AS TO FORM:
� 2z - ea � ��- �-
k D. H ey, ity Attafney
ORDINANCE No 1321
AUTHORIZING AMEWNDMENT TO PERS CONTRACT
PAGE NO 2
157
}
RESOLUTION NO. 4175
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
EL SEGUNDO, CALIFORNIA, TO APPROVE AN AMENDMENT
TO THE CONTRACT BETWEEN THE BOARD OF ADMINISTRATION
OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM
AND THE CITY COUNCIL OF THE CITY OF EL SEGUNDO
WHEREAS, the Public Employees' Retirement Law permits the participation
of public agencies and their employees in the Public Employees' Retirement System by the
execution of a contract, and sets forth the procedure by which said public agencies may
elect to subject themselves and their employees to amendments to said Law; and
WHEREAS, one of the steps in the procedures to amend the contract is the
adoption by the governing body of the public agency of a resolution giving notice of its
intention to approve an amendment to said contract, which resolution shall contain a
summary of the change proposed In said contract; and
WHEREAS, the following Is a statement of the proposed change:
To provide Section 21362.2 (3% @ 50 Full formula) for local police
I�
members only.
1
�a
NOW, THEREFORE, BE IT RESOLVED, that the governing body of the
above agency does hereby give notice of intention to approve an amendment to the
contract between said public agency and the Board of Administration of the Public
Employees' Retirement System, a copy of said amendment being attached hereto, as an
"Exhibit" and by this reference made a part hereof.
SECTION 1. The City Clerk shall certify to the passage and adoption of this
resolution; shall enter the same in the book of original resolutions of said city; and shall
make a minute of the passage and adoption thereof in the records of the proceedings of
the City Council of said city, In the minutes of the meeting at which the same is passed and
adopted.
RESOLUTION NO 4175
To amend PERS -POA to 3% @30
Page No I
158
PASSED, APPROVED AND ADOPTED this 1 q day of August 2000.
,&LJ-U
MI a Gordon, Mayor of the
City of El Segundo
ATTEST:
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) -SS
CITY OF EL SEGUNDO )
I, Cathy Domann, 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
Resolution No. 4175 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 1" day of August, 2000, and the same was so
passed and adopted by the following vote:
AYES: Gordon, Jacobs, Gaines, McDowell, Wernick
NOES' None
ABSENT. None
ABSTAIN: None
Cindy Mortesen, City Clerk
APPROVED AS TO FORM:
rk Hensley, City Attorney
RESOLUTION NO 417%
To amend PERS -POA to 3% @50
Page No 2
I59
A)k'-
Ca1PERS
California
Public Employees' Retirement System
AMENDMENT TO CONTRACT
Between the
Board of Administration
California Public Employees' Retirement System
and the
City Council
City of El Segundo
41010-�
The Board of Administration, California Public Employees' Retirement System, hereinafter
referred to as Board, and the governing body of the above public agency, hereinafter referred
to as Public Agency, having entered into a contract effective October 1, 1943, and witnessed
August 25, 1943, and as amended effective November 1, 1947, August 1, 1949, July 1, 1950,
November 1, 1955, September 1, 1958, March 9, 1959, November 7, 1964, October 19,
1968, December 11, 1971, July 20, 1974, July 19, 1975, January 3, 1976, July 16, 1977,
June 3, 1978, February 6, 1982, April 3, 1982, January 1, 1992, June 27, 1992, May 15,
1993, January 8, 1994, January 19, 1996, April 4, 1997 and October 13, 1997 which provides
for participation of Public Agency in said System, Board and Public Agency hereby agree as
follows:
A. Paragraphs 1 through 12 are hereby stricken from said contract as executed effective
October 13, 1997, and hereby replaced by the following paragraphs numbered 1
through 13 inclusive:
All words and terms used herein which are defined in the Public Employees'
Retirement Law shall have the meaning as defined therein unless otherwise
specifically provided. "Normal retirement age" shall mean age 60 for local
miscellaneous members and age 50 for local safety members.
160
2. Public Agency shall participate in the Public Employees' Retirement System
from and after October 1, 1943 making its employees as hereinafter provided,
members of said System subject to all provisions of the Public Employees'
Retirement Law except such as apply only on election of a contracting agency
and are not provided for herein and to all amendments to said Law hereafter
enacted except those, which by express provisions thereof, apply only on the
election of a contracting agency.
3 Employees of Public Agency in the following classes shall become members of
said Retirement System except such in each such class as are excluded by law
or this agreement:
a. Local Fire Fighters (herein referred to as local safety members);
b Local Police Officers (herein referred to as local safety members);
C. Employees other than local safety members (herein referred to as local
miscellaneous members). -
4. In addition to the classes of employees excluded from membership by said
Retirement Law, the following classes of employees shall not become members
of said Retirement System:
NO ADDITIONAL EXCLUSIONS
5. Prior to January 1, 1975, those members who were hired by Public Agency on a
temporary and /or seasonal basis not to exceed 6 months were excluded from
PERS membership by contract. Government Code Section 20336 superseded
this contract provision by providing that any such temporary and/or seasonal
employees are excluded from PIERS membership subsequent to January 1,
1975. Legislation repealed and replaced said Section with Government Code
Section 20305 effective July 1, 1994.
6. The percentage of final compensation to be provided for local miscellaneous
members for each year of credited prior and current service shall be determined
in accordance with Section 21353 of said Retirement Law, subject to the
reduction provided therein for service on and after July 1, 1956, the effective
date of Social Security coverage, for members whose service has been
included in Federal Social Security (2% at age 60 Full and Modified).
7. The percentage of final compensation to be provided for each year of credited
prior and current service as a local fire member shall be determined in
accordance with Section 21362 of said Retirement Law (2% at age 50 Full).
161
1
8. The percentage of final compensation to be provided for each year of credited
prior and current service as a local police member shall be determined in
accordance with Section 21362.2 of said Retirement Law (3% at age 50 Full)
9 Public Agency elected and elects to be subject to the following optional
provisions:
a. Sections 21624, 21626 and 21628 (Post - Retirement Survivor Allowance)
for local safety members only.
b. Section 21571 (Basic Level of 1959 Survivor Benefits) for local
miscellaneous members only.
C. Section 21222.1 (Special 5% Increase- 1970). Legislation repealed said
Section effective January 1, 1980.
d. Section 21222.2 (Special 5% Increase - 1971). Legislation repealed said
Section effective January 1, 1980.
e. Section 21024 (Military Service Credit as Public Service), Statutes of
1976.
I. Section 20042 (One -Year Final Compensation).
g. Section 21573 (Third Level of 1959 Survivor Benefits) for local fire
members only.
h. Section 21574 (Fourth Level of 1959 Survivor Benefits) for local police
members only.
10. Public Agency shall contribute to said Retirement System the contributions
determined by actuarial valuations of prior and future service liability with
respect to local miscellaneous members and local safety members of said
Retirement System.
11. Public Agency shall also contribute to said Retirement System as follows:
a. Contributions required per covered member on account of the 1959
Survivor Benefits provided under Section 21573 of said Retirement Law.
(Subject to annual change.) In addition, all assets and liabilities of Public
Agency and its employees shall be pooled in a single account, based on
term insurance rates, for survivors of all local local fire members.
b. Contributions required per covered member on account of the 1959
Survivor Benefits provided under Section 21574 of said Retirement Law.
(Subject to annual change.) In addition, all assets and liabilities of Public
Agency and its employees shall be pooled in a single account, based on
term insurance rates, for survivors of all local police members.
162
C. A reasonable amount, as fixed by the Board, payable in one installment
within 60 days of date of contract to cover the costs of administering said
System as it affects the employees of Public Agency, not including the
costs of special valuations or of the periodic investigation and valuations
required by law.
d. A reasonable amount, as fixed by the Board, payable in one installment
as the occasions arise, to cover the costs of special valuations on
account of employees of Public Agency, and costs of the periodic
investigation and valuations required by law.
12. Contributions required of Public Agency and its employees shall be subject to
adjustment by Board on account of amendments to the Public Employees'
Retirement Law, and on account of the experience under the Retirement
System as determined by the periodic investigation and valuation required by
said Retirement Law.
13. Contributions required of Public Agency and its employees shall be paid by
Public Agency to the Retirement System within fifteen days after the end of the
period to which said contributions refer or as may be prescribed by Board
regulation. If more or less than the correct amount of contributions is paid for
any period, proper adjustment shall be made in connection with subsequent
remittances. Adjustments on account of errors in contributions required of any
employee may be made by direct payments between the employee and the
Board.
B. This amendment shall be effective on the 7tb day of OCTOBER z000
BOARD OF ADMINISTRATION CITY COUNCIL
PUBLIC EMPLOYEES' RETIREMENT SYSTEM CITY OF EL SEGUNDO
BY
KENNETH W. MARZION, CHIEF
ACTUARIAL & EMPLOYER SERVICES DIVISION
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
AMENDMENT
PER &CON -702A (Rev. 886)
RM
PRESIDING OFFICER
Witness Date
Attest:
Clerk
163
M
f
EL SEGUNDO CITY COUNCIL MEETING DATE: September 5, 2000
AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION.
Adoption of Ordinance No 1320 which implements the Standard Urban Storm Water
Mitigation Plan of the California Regional Water Quality Control Board for the Los
Angeles region by amending the El Segundo Municipal Code to add new Chapter 6.28,
"Standard Urban Storm Water Mitigation Plan Implementation" (no fiscal impact)
RECOMMENDED COUNCIL ACTION:
1 Second reading and adoption of Ordinance, by title only; and /or
2. Other possible action/direction.
BACKGROUND AND DISCUSSION:
On August 15, 2000, the City Council conducted the first reading of the Ordinance and
scheduled the second reading and adoption for September 5, 2000
ATTACHED SUPPORTING DOCUMENTS:
City Council Ordinance No. 1320.
FISCAL
Operating Budget:
Amount Requested:
Account Number:
Project Phase:
Appropriation Required: NO
VFCI(91PIA7 EU t37: a n 1/r Date: 8/a 8/o 0
MSEPTEMBEROS 01 (WedaaWay 9 00 A M 8118100) 12
164
4
ORDINANCE NO. 1320
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF EL SEGUNDO, CALIFORNIA, IMPLE-
MENTING THE STANDARD URBAN STORM WA-
TER MITIGATION PLAN OF THE CALIFORNIA
REGIONAL WATER QUALITY CONTROL BOARD
FOR THE LOS ANGELES REGION BY AMENDING
THE EL SEGUNDO MUNICIPAL CODE TO ADD
NEW CHAPTER 6.28, "STANDARD URBAN STORM
WATER MITIGATION PLAN IMPLEMENTATION"
WHEREAS, The 1972 amendments to the Federal Water Pollution Control Act
(referred to as the Clean Water Act or "CWA "), 33 U S.0 §§ 1251 -1387, prohibit the
discharge of any Pollutant to navigable waters of the United States from a point source
unless the discharge is authorized by a permit issued pursuant to the National Pollutant
Discharge Elimination System ( "NPDES ") required by CWA § 402,33 U.S C §§ 1342, and
WHEREAS, Municipal separate storm sewer systems ( "MS4s ") which convey
urban runoff, including, but not limited to Storm Water runoff, are within the definition of
point sources under the CWA, and
}
WHEREAS, Pursuant to the CWA, the United States Environmental Protection
Agency ( "US EPA ") has defined the term "Municipal separate storm sewer system" to mean
a conveyance, or system of conveyances, including roads with drainage systems, municipal
streets, curbs, gutters, catch basins, and storm drains owned or operated by a city, used for
collecting Storm Water, and
WHEREAS, The US EPA, under the National Urban Runoff Program ( "NURP ")
has funded and guided studies of water quality from MS4s which dram residential,
commercial and light industrial sites, and
WHEREAS, NURP and other studies (cited at, among other places, 55 Fed.Reg
47900) demonstrate the presence of Pollutants in urban runoff discharged to receiving
waters through MS4 systems; and
WHEREAS, CWA § 402(p) requires that the City obtain a permit for Storm Water
and urban discharges through the City's MS4, and
WHEREAS, Section 402(p) of the CWA further provides that NPDES permits shall
require controls to reduce the discharge (3)(B) of Pollutants to the maximum extent
practicable, including management practices and such other provisions as appropriate for the
control of Pollutants, and
ORDINANCE NO 1320
STORM WATER & URBAN RUNOFF
POLLUTION PREVENTION CONTROLS 16 5
PAGE NO 1
WHEREAS, the US EPA, in partial implementation of § 402(p) of the federal
Clean Water Act, 33 U S C § 1344(p), has adopted final rules, }town as the "Phase I and
Phase II Storm Water Regulations" at several places in Parts 9, 122, 123, and 124 of the
Code of Federal Regulations ( "CFR "), and
WHEREAS, the State Water Resources Control Board ( "SWRCB ") has devel-
oped a plan to implement the requirements of section 402(p), § 6217 of the Coastal Zone
Act Reauthorization Amendments of 1990 ( "CZARA ") and certain parts of the California
Water Code, and
WHEREAS, in partial implementation of § 402(p) of the federal Clean Water
Act, 33 U S C § 1344(p), the Phase I Storm Water Regulations, the requirements of sec-
tion 402(p), § 6217 of the Coastal Zone Act Reauthorization Amendments of 1990 and
the California Water Code, the California Regional Regional Water Quality Control
Board — Los Angeles ( "RWQCB -LA ") issued a National Pollutant Discharge Elimination
System ( "NPDES ") permit and Waste Discharge Requirements for Municipal Storm
Water and Urban Runoff Discharges within the County of Los Angeles, Regional Board
Order No 96 -054, NPDES No CAS614001, on July 15, 1996 (the "Permit') to each City
in Los Angeles County, including the City of El Segundo, and
WHEREAS, pursuant to the Permit, and in partial implementation of § 402(p) of
the federal Clean Water Act, 33 U.S C § 1344(p); the Phase I and Phase II Storm Water
Regulations, the requirements of section 402(p), § 6217 of the Coastal Zone Act
Reauthorization Amendments of 1990 and the California Water Code, the RWQCB -LA f
Board adopted Resolution No. R- 00 -02, approving and directing the Executive Officer of
the RWQCB -LA to issue a Standard Urban Storm Water Mitigation Plan for Municipal
Storm Water And Urban Runoff Management Programs in Los Angeles County
( "SUSMP ") setting forth the requirements to be implemented by all Jurisdictions dis-
charging storm water under the Permit, and
WHEREAS, on March 8, 2000, the Executive Officer of the RWQCB -LA issued
a Final Approved STANDARD URBAN STORM WATER MITIGATION PLAN FOR
LOS ANGELES COUNTY AND CITIES IN LOS ANGELES COUNTY (the
"SUSMP ") setting forth the requirements to be implemented by all jurisdictions dis-
charging storm water under the Permit, and
WHEREAS, this City is a permittee under the Permit and therefore is required by
federal and state law to implement all requirements of the Permit, including the SUSMP,
and
WHEREAS, this City has authority under Article 11, section 7 of the California
Constitution to adopt ordinances needed to implement these requirements, and
WHEREAS, this City also has authority under the California Water Code to
adopt and enforce ordinances conditioning, restricting, and limiting activities that might
degrade the quality of the waters of the State of California,
ORDINANCE NO 1320
STORM WATER & URBAN RUNOFF
POLLUTION PREVENTION CONTROLS
PAGE NO 2 1 6 6
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL SE-
GUNDO HERESY ORDAINS THAT-
SECTION 1. The El Segundo City Council hereby finds, determines and declares as
follows
Title 6 of the El Segundo Municipal Code is amended to add net* Chapter 6 28,
"STANDARD URBAN STORM WATER MITIGATION PLAN IMPLEMENTA-
TION," to read in its entirety as follows
`CHAPTER 6.28
STANDARD URBAN STORM WATER MITIGATION PLAN IMPLEMENTA-
TION
Sections:
6.29010
LIMITS OF CHAPTER
6 28 020
SCOPE OF CHAPTER
6.28030
DEFINITIONS
6 28 040
RATE OF DISCHARGE
6 28 050
SUBDIVISION DESIGN
6.28060
BEST MANAGEMENT PRACTICES
6 28 070
CONTROL OF EROSION OF SLOPES AND CHANNELS
6 28 080
SIGNAGE OF STORM DRAINS
628.090
OUTDOOR STORAGE OF MATERIALS
6.28 100
OUTDOOR TRASH STORAGE AREAS
628 110
MAINTENANCE OF BEST MANAGEMENT PRACTICES
628 120
DESIGN STANDARDS FOR BEST MANAGEMENT PRACTICES
628 130
LOADING DOCKS
628 140
REPAIR AND MAINTENANCE BAYS
628 150
WASH AREAS
628 160
RESTAURANTS
628.170
RETAIL GASOLINE OUTLETS
6.28 190
PARKING LOTS
6.28.200
INSPECTIONS
628.210
FEES
6.28.220
WAIVER
§ 6.28.010 Limits of Chapter
Nothing in this Chapter shall be interpreted to
(a) infringe any right or power guaranteed by the California Constitution, in-
cluding any vested property right, or
ORDINANCE NO 1320
STORM WATER & URBAN RUNOFF
POLLUTION PREVENTION CONTROLS
PAGE NO 3
16 '1
Z
(b) require any action inconsistent with any applicable and lawfully adopted
General Plan, Specific Plan, Plan Amendment. or Building Code that con-
forms to the laws of California and the requirements of this Chapter; or
(c) restrict otherwise lawful land use except as authorized by the laws of Cali -
fornia, subject to the limitations of this Chapter
§ 6.28.020. Scope of Chapter
This Chapter shall apply to approval by the City of New Development or Redevelopment
(as those terms are defined in this Chapter) of
(a) single - family residences on graded Hillside sites,
(b) Commercial Developments that make impermeable 100,000 square feet or
more of land,
(c) Automotive Repair Shops (SIC codes 5013, 5014, 5541, 7532 -7534, 7536-
7539),
(d) Retail Gasoline Outlets,
(e) Restaurants (SIC code 5812),
(f) Subdivisions of ten or more dwelling units;
(g) Development or Redevelopment of sites lying within or abutting, or dis-
charging directly an Environmentally Sensitive Area (as defined in this
Chapter), and
(h) Parking Lots, as defined to this Chapter.
§ 6.28.030. Definitions
For the purposes of this Chapter the following words and phrases shall have the
meanings respectively ascribed to them by this Chapter. Words and phrases not ascribed a
meaning by tins Chapter shall have the meanings ascribed by the regulations implementing
the National Pollutant Discharge Elimination System, Clean Water Act § 402, and Divi-
sion 7 of the California Water Code, as they may be amended from time to time, if defined
therein, and if not, to the definitions in an applicable permit issued by the Cahfomia Re-
gional Water Quality Control Board - Los Angeles, as such permits may be amended from
time to tune.
"100,000 square foot Commercial Development" means "any Commercial De-
velopment that creates at least 100,000 square feet of impermeable area, including, but
not limited to parking areas. (See "Commercial Development" as defined below.)
ORDINANCE NO 1320
STORM WATER 8 URBAN RUNOFF
POLLUTION PREVENTION CONTROLS
PAGE NO 4 1 68
"Automotive Repair Shop" means a facility that is categorized in any one of the
following Standard Industrial Classification (SIC) codes 5013, 5014, 5541, 7532 -7534 or
7536 -7539
"Best Management Practice" ( "BMP ") means "any schedule of activities, pro-
hibition of practices, maintenance procedure, program, technology, process, siting cnte-
na, operational methods of measures, or other management practices or engineered sys-
tems, which when implemented prevent, control, remove, or reduce pollution
"Commercial Development" means any development on private land that is not
residential or a site of an industrial activity, as defined in 40 C.F R § 122.26(b)(14)
"Commercial Development" includes, but is not limited to, hospitals, laboratories and
other medical facilities, educational institutions, recreational facilities, plant nurseries,
multi- apartment buildings, car wash facilities, mini -malls and other business complexes,
shopping malls, hotels, office buildings, public warehouses and other light industrial
complexes not within the scope of 40 C.F R. § 122.26(b)(14)
"Directly Connected Impervious Area" ( "DCIA ") means a land area made im-
permeable to water from which runoff may enter a storm drainage system without first
flowing across a permeable land area
"Environmentally Sensitive Area" means any area that is designated as- an
"Area of Special Biological Significance" by the California Water Resources Control
Board (Water Quality Control Plan, Los Angeles Region, Basin Plan for the Coastal
Watersheds of Los Angeles and Ventura Counties [1994], as it may be ai -ended) or an
"Area of Ecological Significance" by the County of Los Angeles (Los Angeles County
Significant Areas Study, Los Angeles County Department of Regional Planning [1976] as
it may be amended) or a "Significant Natural Area" by the California Resources Agency
See Table 3 of the SUSMP, issued March 8, 2000
"Greater Than Nine Unit Home Subdivision" means any subdivision where at
least ten (10) single- family or multi - family dwelling units are to be developed.
"Hillside" means a parcel in an area with known erosive soil conditions, where
the development will require grading on any natural slope which is twenty -five per cent
(25 %) or greater
"New Development" means the subdivision of land, or the construction of either
structures or impervious surfaces
"Parking Lot" means an area or facility for the temporary parking or storage of
motor vehicles used personally or for business or commerce, which contains 5,000 square
feet, or more, or twenty-five (25) or more parking spaces, and which is exposed to storm
water
"Redevelopment" means, on an already developed site, the creation or addition
of at least 5,000 square feet of impervious surfaces or the creation or addition of fifty
percent or more of impervious surfaces or the making of improvements to fifty percent or
ORDINANCE NO 1320
STORM WATER & URBAN RUNOFF
POLLUTION PREVENTION CONTROLS
PAGE NO 5 169
more of the existing structure' Redevelopment includes, but is not limited to the ex-
pansion of a building footprint or addition or replacement of a structure, structural devel-
opment including an increase in gross floor area and/or exterior construction or remodel-
ing, replacement of impervious surface that is not part of a routine maintenance activity,
and land disturbing activities related with structural or impervious surfaces
"Restaurant" means a stand -alone facility where prepared food and drinks are
sold for consumption, including stationary lunch counters and refreshments stands selling
prepared food and drinks for immediate consumption (See SIC Code 5812) "Restau-
rant" does not include co- located stalls or food counters in general purpose establish-
ments such as markets and grocery stores
"Retail Gasoline Outlet" means any facility where gasoline and lubricating oils
are sold.
"Source Control BMP" means any schedules of activities, prohibitions of prac-
tices, maintenance procedures, managerial practices or operational practices that aim to
prevent storm water pollution by reducing the potential for contamination at the source of
pollution
"Storm Event" means a rainfall event that produces more than 0.1 inch of pre-
cipitation separated from the previous storm event by at least 72 hours of dry weather
"Structural Control BMP" means any structural facility designed and con-
structed to mitigate the adverse impacts of urban runoff pollution (e.g., a canopy, struc-
tural enclosure) This category may include both Treatment Control BMPs and Source
Control BMPs
"Treatment" means the use of physical, chemical, or biological processes to re-
move pollutants Such processes include, but are not limited to filtration, gravity settling,
media absorption, biodegradation, biological uptake, chemical oxidation and iJV radia-
tion
"Treatment Control BMP" means any engineered system designed to remove
pollutants by simple gravity setting of particulate pollutants, filtration, biological uptake,
media adsorption or any other physical, biological, or chemical process
' Redevelopment projects which create or add 5,000 square feet or more will be required to comply with
SUSMP for the newly created area only Redevelopment projects in the categories subject to this Chapter,
as listed in Section XXX 020, which create or add 5,000 square feet or more will be required to comply
with SUSMP for both the existing area and the newly created area. Redevelopment projects in the catego-
ries subject to this Chapter, as listed in Section XXX 020, which do not add 5,000 square feet of impervi-
ous surface, or create or add fifty percent or more of the existing structure are exempt from the require-
ments of this Chapter
ORDINANCE NO 1320
STORM WATER & URBAN RUNOFF
POLLUTION PREVENTION CONTROLS
PAGE NO 6
170
§ 6.28.040. Rate of Discharge
No New Development shall increase the peak rate of discharge of storm water from the
developed site if this increase would make downstream erosion more probable
§ 6.28.050. Subdivision Design
Unless inconsistent with vested rights, the site design for all subdivisions subject to this
Chapter, to the greatest extent practicable, shall
(a) Concentrate or cluster New Development on portions of the site while
leaving the remaining land in a natural undisturbed condition,
(b) Limit clearing and grading of native vegetation to the minimum, consis-
tent with the construction of lots, and to allow access and provide fire
protection,
(c) preserve riparian areas and wetlands
§ 6.28.060. Best Management Practices (BMP)
(a) On the date tlus Chapter takes effect, those Best Management Practices
which are listed in Tables 1 and 2 of the "STANDARD URBAN STORM
WATER MITIGATION PLANT FOR LOS ANGELES COUNTY AND
CITIES IN LOS ANGELES COUNTY" approved by the Executive Offi-
cer of the California Regional Water Quality Control Board for the Los
Angeles Region, on March 8, 2000, shall be deemed to be incorporated by
reference and adopted by this City and shall remain in effect until the City
Council shall adopt by resolution a guidebook prepared or recommended
by the Director of Public Works (the "Director'), categorizing develop-
ment and Best Management Practices for each category
(b) The Director may from time to time revise the guidebook, and the City
Council may adopt these revisions by resolution
(c) No Best Management Practice other than a Structural or Treatment Con-
trol Best Management Practice shall be used in any development regulated
under this Chapter, unless the guidebook recommends that practice
(d) No Structural or Treatment Control Best Management Practice may be
used in any development regulated under this Chapter unless the guide-
book recommends that practice.
§ 6.28.070. Control of Erosion of Slopes and Channels
Best Management Practices used on slopes or channels in New Development or Redevel-
opment subject to this Chapter shall-
ORDINANCE NO 1320
STORM WATER & URBAN RUNOFF
POLLUTION PREVENTION CONTROLS
PAGE NO 7 171
(a) convey runoff from tops of slopes,
(b) eliminate or reduce flow to natural drainage systems, and for flows which
cannot be eliminated, utilize natural drainage systems, rather than artificial
drainage systems, to the maximum extent practicable,
(c) stabilize soil at permanent channel crossings,
(d) vegetate slopes with native or drought tolerant species known to control
erosion, and
(e) dissipate concentrated flows before they enter unlined channels
§ 6.28.080. Signage of Storm Drains
In the project area of New Development or Redevelopment subject to this Chapter, a no-
tice that dumping in storm drains and catch basins is illegal shall be
(a) stenciled in paint or other permanent means at all storm drain inlets and
catch basins within the project area,
(b) posted at all known public accesses to natural or artificial drainage chan-
nels within the project area; and
(c) maintained to preserve the sign
§ 6.28.090. Outdoor Storage of Materials
(a) All materials stored outdoors in New Development or Redevelopment
subject to this Chapter which, if exposed to storm water, may reasonably
be expected to add pollutants to it, shall be thoroughly isolated from con-
tact
(1) with storm water, by enclosure in a structure; or
(2) with storm water, by a surrounding curb or other containment
structure.
ORDINANCE NO 1320
STORM WATER 8 URBAN RUNOFF
POLLUTION PREVENTION CONTROLS
PAGE NO 8
• 172
(b) The storage area must be completely covered
(1) by impermeable paving and
(2) any structure by an overhead covering that adequately diverts pre -
cipitation away from the ground between the material and the sur-
rounding containment structure
§ 6.28.100. Outdoor Trash Storage Areas
Except where they serve only single- family residences, solid waste containers in New
Development or Redevelopment subject to this Chapter shall be stored in areas that
(a) are isolated from contact with storm water originating outside the storage
area and
(b) are surrounded with a barrier sufficient to prevent all trash from being
transported out of the storage area, except during collection
§6.28.110. Maintenance of Best Management Practices
(a) Every person applying to the City for approval of any New Development
or Redevelopment subject to this Chapter, as part of that application, in a
signed writing, shall agree to maintain any Structural or Treatment Control '
Best Management Practice to be implemented in that development through
means such as a covenant running with the land (such as covenants, con-
ditions and restriction, commonly ]mown as CC &Rs), CEQA mitigation
measures, Conditional Use Permit or other legal agreement (collectively
"Agreement ")
(b) The Agreement described in subsection (a) of this section shall remain in
force until ownership of the developed property has been entirely trans-
ferred, and upon transfer, shall be binding on the new owner(s).
§ 6.28.120. Design Standards for Best Management Practices
Except as this Chapter may specifically exempt, every Structural or Treatment Control
Best Management Practice implemented under pursuant to this Chapter in New Devel-
opment or Redevelopment subject to this Chapter, for the area contributing to that prac-
tice,
(a) shall be adequate to protect from flooding those parts of the contributing
area adjacent to drainage channels, according to design criteria the (City
Public Works or Engineering Agency) may establish;
(b) shall be adequate
ORDINANCE NO 1320
STORM WATER & URBAN RUNOFF
POLLUTION PREVENTION CONTROLS
PAGE NO 9
173
(1) for the volume of storm water that, as determined by the formula
recommended in "ASCE Manual of Practice No.87 (1998);' may
be collected from the contributing area during a 24 -hour period in
which the total storm water runoff exceeds 85% of all runoff vol-
umes that have been measured for 24 -hour penods for that same
area, or
(2) to treat, by the method recommended to "California Storm Water
Best Management Practices Handbook— Industnal/Commercial
(1993)," and as determined there, 80% or more volume treatment
of the annual volume of storm water runoff from the contributing
area or
(3) for the volume of storm water runoff from the contributing area
produced by a storm event of 0 75 inches
(c) Subsection (b) of this section shall not apply to any land area of less than
5,000 square feet being developed or redeveloped for use by any Restau-
rant
§ 6.28.130. Loading Docks
In any 100,000 square foot Commercial Development or in any Automotive Repair Shop,
the design of any outdoor loading dock area in New Development or Redevelopment r
subject to this Chapter shall
(a) use an overhead covering that prevents the entry of storm water or
(b) prevent the entry of storm water by diverting it away and
(c) not conduct storm water from any truck well directly into a storm drain
system.
§ 6.28.140. Repair and Maintenance Bays
In any 100,000 square foot Commercial Development or in any Automotive Repair Shop,
in New Development or Redevelopment subject to this Chapter the design of any repair
or maintenance bay shall-
(a) prevent the entry of storm water by diverting it away or by locating such
bays indoors and
(b) use a drainage system that collects all water from washing and from leaks
or spills and stores it in a sump for disposal and
(c) does not conduct storm water from the bay directly to a storm drain sys-
tem.
ORDINANCE NO 1320
STORM WATER & URBAN RUNOFF
POLLUTION PREVENTION CONTROLS
PAGE NO 10 174
§ 6.28.150. Wash Areas
The design of any wash area for motor vehicles or equipment in New Development or
Redevelopment subject to this Chapter shall use
(a) an adequate overhead covering and
(b) a device that clarifies or otherwise pretreats all wash water and
(c) a drain conducting all treated wash water to a sanitary sewer.
§ 6.28.160. Restaurants
The design of any Restaurant subject to this Chapter shall include an area for the washing
or cleaning of equipment, which
(a) if indoors, shall
(1) be self - contained
(2) use a grease trap and
(3) use a drain conducting all waste water to a sanitary sewer, and
(b) if outdoors, shall
(1) use an overhead covering adequate to prevent contact with storm
water,
(2) be covered with impermeable paving;
(3) be surrounded by a curb or other containment, and
(4) use a drain conducting all waste water to a sanitary sewer
§ 6.28.170. Retail Gasoline Outlets
All fuel dispensing areas in any Retail Gasoline Outlet subject to this Chapter shall:
(a) be covered by a structure that
(1) extends outward at least as far as the grade break at all points and
(2) diverts all storm water away from the fueling area
(b) be paved with a material, other than asphaltic concrete, that is imperme-
able to water and has a smooth surface with a slope of not less than two
ORDINANCE NO 1320
STORM WATER 6 URBAN RUNOFF
POLLUTION PREVENTION CONTROLS
PAGE NO 11
175
per cent (2 %) but not more than four per cent (4 %),
(c) be separated from the rest of the site by a grade break that, to the maxi-
mum extent practical, prevents storm water from entering the fueling area,
(d) extend outward at least six and one -half feet (6.5') from the outermost
comer of any fuel dispenser, or a distance one foot (1') greater than the
combined length of the dispensing hose and nozzle, whichever distance is
less,
§ 6.28.180. Parking Lots
To the maximum extent practical, all Parking Lots subject to this chapter shall minimize
offsite transport of pollutants by using the following design criteria and BMPs
(a) minimizing impervious land coverage,
(b) providing for effective treatment or infiltration of storm water before it is
discharged into storm drains, and
(c) Use of operational and maintenance measures to remove heavy metals, oil
and grease and polycycltc aromatic hydrocarbons.
§ 6.28.190. Violations
T
(a) Violation of any provision of this Chapter shall be both a misdemeanor
and a public nuisance
(b) The remedies specified in this Chapter shall not exclude any other legal
remedy that may be available to the City
§ 6.28.200. Inspections
(a) The Director of Public Works and such officers as the Director may desig-
nate shall enforce the provisions of this Chapter.
(b) As necessary, these officers may, at a reasonable time and in a manner
authorized by the laws of California, enter and make inspections on any
property regulated under this Chapter.
§ 6.28.210. Fees
The City Council may establish and fix the amount of fees for services provided un-
der this Chapter, as authorized under sections 66016 and 66018 of the California
Government Code
ORDINANCE NO 1320
STORM WATER 6 URBAN RUNOFF
POLLUTION PREVENTION CONTROLS
PAGE NO 12 176
§ 6.28.220. Waiver
(a) Any person required under this Chapter to implement a Structural or
Treatment Control Best Management Practice may petition to the City
Council to waive that requirement as impractical, provided the petitioner
has in good faith considered and rejected as not feasible all such practices
available
(b) The City Council may waive a Structural or Treatment Control Best Man-
agement Practice as impractical if
(1) inadequate space for treatment exists on a redevelopment project
or
(2) soil conditions strongly disfavor the use of infiltration or
(3) the natural land surface where the BUT would be located lies
(A) above a known unconfined aquifer or
(B) less than ten (10) feet above an existing or potential source
of drinking water.
(c) If a waiver is granted under subsection (b), above, the waiver shall be
conditioned on the petitioner's transfer of the savings in cost to a storm
water mitigation fund to be used to promote alternative solutions for storm
water pollution
(d) Any petition for waiver not falling within the foregoing categories shall be
forwarded to the Regional Board for consideration.
SECTION 2. Severability. If any section, subsection, subdivision, sentence, clause,
phrase, or portion of this Ordinance, is for any reason held to be invalid or unconstitu-
tional by the decision of any court of competent ,jurisdiction, such decision shall not af-
fect the validity of the remaining portions of this Ordinance The City Council hereby
declares that it would have adopted this Ordinance, and each section, subsection, subdivi-
sion, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or
more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof
be declared invalid or unconstitutional.
ORDINANCE NO 1320
STORM WATER & URBAN RUNOFF
POLLUTION PREVENTION CONTROLS
PAGE NO 13 *177
SECTION 3. The City Clerk shall certify to the adoption of this Ordinance and shall
cause the same to be published as required by law
PASSED AND APPROVED this day of 2000
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 1320 was duly introduced by said City
Council at a regular meeting held on the 15th day of August, 2000, 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 5'" day of September, 2000, and the same was so passed and adopted by .:
the following vote.
AYES
NOES
ABSENT
ABSTAIN.
NOT PARTICIPATING,
Cindy Mortesen, City Clerk
APPROVED AS TO FORM:
)l+tark D He �omey i
V
ORDINANCE NO 1320
STORM WATER & URBAN RUNOFF
POLLUTION PREVENTION CONTROLS
PAGE NO 14 F 7 F
EL SEGUNDO CITY COUNCIL MEETING DATE: September 5, 2000
AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Award contract to Transportable Treatment Services, Inc , for the lining of sanitary
sewer access structures — Project No PW 00 -12 (contract amount = $50,000.00)
RECOMMENDED COUNCIL ACTION:
Award contract to the lowest responsible bidder, Transportable Treatment
Services, Inc., in the amount of $50,000.00
2 Authorize the Mayor to execute the standard Public Works contract after
approval as to form by the City Attorney.
BACKGROUND AND DISCUSSION:
On July 18, 2000, the City Council adopted plans and specifications for the lining of
sanitary sewer access structures and authorized staff to advertise the project for receipt
of construction bids
Based on the bid opening on August 15, 2000, staff recommends award of contract to -.7
the low bidder, Transportable Treatment Services, Inc., in the amount of $50,000 00.
ATTACHED SUPPORTING DOCUMENTS:
1. Bid results.
2. Area map.
FISCAL IMPACT:
Capital Improvement Program: $60,000.00
Amount Requested: $50,000.00
Account Number: 301 -400 -8204 -8393
Project Phase: Award of contract
Appropriation Required: NO
ORIGINATED BY: Date:
PW- SEPTEMBER05 02 (Monday 8129/00 10 00 A M) 13
179
BID RESULTS
On August 15, 2000, the City Clerk received and opened the following bids-
Transportable Treatment Services, Inc
Inland Concrete Enterprises, Inc
Sancon Engineering, Inc.
Universal Lining Systems, Inc.
$50,000.00
$66,600.00
$68,50000
$86,57500
PW- SEPTEMBER05 02 (Thursday 8/17/00 100 P M )
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EL SEGUNDO CITY COUNCIL
AGENDA ITEM STATEMENT
AGENDA DESCRIPTION.
MEETING DATE: September 5, 2000
AGENDA HEADING Consent Agenda
Acceptance of the replacement of volleyball court and paddle tennis court surfaces —
Project No. PW 00 -5 (final contract amount $48,224 00)
RECOMMENDED COUNCIL ACTION-
Accept the work as complete
Authorize the City Clerk to file the City Engineer's Notice of Completion in the
County Recorder's Office
BACKGROUND AND DISCUSSION:
The City Council on April 18, 2000, awarded a contract for $48,224.00 to Green Giant
Landscape, Inc., for the replacement of volleyball and paddle tennis court surfaces in
Recreation Park.
The work has now been satisfactorily completed The final contract amount is
$48,224.00
ATTACHED SUPPORTING DOCUMENTS.
Notice of Completion
Location map.
FISCAL IMPACT:
Capital Improvement Program:
Amount Requested:
Account Number:
Project Phase:
Appropriation Required:
$65,000.00
$48,224.00
301 -400- 8202 -8464
Accept the work as complete
No
av 1J Date: 8 Z
REVIEWED BY: /�yE.A ^. Date: ,,,�
RAn- C2f- - P`H.. v A 4`.... x-910
PW- SEPTEMBER05 04 (Tuesday 8129!00 10 00 A M ) 14
182
Recording Requested by
and When Recorded Mail To:
City Clerk, City Hall
350 Main Street
El Segundo, CA 90245
NOTICE OF COMPLETION OF CONSTRUCTION PROJECT
Project Name Replacement of Volleyball and Paddle Tennis Court Surfaces
Protect No PW 00 -5
Notice is hereby given pursuant to State of California Civil Code Section 3093 et seq that
1 The undersigned is an officer of the owner of the Interest stated below in the property
hereinafter described
2 The full name of the owner Is City of El Segundo
3 The full address of the owner Is. City Hall, 350 Main Street, El Segundo, CA, 90245
4 The nature of the Interest of the owner is City park
5 A work of improvement on the property hereinafter described was field reviewed by the
City Engineer on July 24, 2000 The work done was Replacement of game court
surfaces
6 On September 5, 2000, the City Council of the City of El Segundo accepted the work of
this contract as being complete and directed the recording of this Notice of Completion in
the Office of the County Recorder
7 The name of the Contractor for such work of improvement was
Green Giant Landscape, Inc
8 The property on which said work of improvement was completed is in the City of El Segundo,
County of Los Angeles, State of California, and is described as follows City park
9, The street address of said property Is None
Dated
Bellur K Devarat
City Engineer
VERIFICATION
I, the undersigned, say I am the City Engineer of the City El Segundo, the dedarant of the foregoing
Notice of Completion, I have read said Notice of Completion and know the contents thereof, the same is
true of my own knowledge
I declare under penalty of perjury the foregoing Is true and correct
Executed on , 2000 at El Segundo, California
Bellur K Devara)
City Engineer
N \NOTICE'S \PW00 -5 NOC (8/78100)
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EL SEGUNDO CITY COUNCIL MEETING DATE: September 5, 2000
AGENDA ITEM STATEMENT AGENDA HEADING: Consent
AGENDA DESCRIPTION- Youth Swim Fins Donation by Neotirn, Inc.
RECOMMENDED COUNCIL ACTION: Accept donation
BACKGROUND & DISCUSSION: Gregory T Rickards, C E O of Neofin, Inc and an
El Segundo resident, approached staff with a proposal to donate a quantity of
their Nekton model fins for children These fins would be available for youth in
our swimming programs to use, at no cost Neofin would like to periodically
inspect the fins, replace defective or worn equipment, and seek product
information feedback from City aquatics staff They would also request the right
to reference their sponsorship of the EI Segundo Aquatics program from time to
time
The Recreation and Parks Commission reviewed this request and saw the
donation as a benefit to our community The City Attorney has reviewed the
proposal and approved the concept
ATTACHED SUPPORTING DOCUMENTS: Letter from Gregory T Rickard, CEO,
Neofin, Inc.
FISCAL IMPACT: None
Operating Budget:
Amount Requested:
Account Number:
Project Phase:
Appropriation required:
Greg Jplipsor� Recreation and Parks Director
City Manager
Y410/0
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8/24/00 3 08 IM 15
185
t
July 27, 2000
Mr. Greg Johnson
Director
Recreation & Parks Department
339 Sheldon Street
City of El Segundo, CA 90245
Re- proposed Neofin, Inc sponsorship
Dear Mr Johnson
This letter serves to follow -up on our meeting of July 20, 2000 Thank you for meeting
with me to discuss ways in which Neofin might benefit the City's swim programs
Neofin manufacturers swim fins that are revolutionary in design, performance, and
comfort Neofin product is distributed domestically and internationally Until recently,
Neofin's research and development efforts centered on the adult segment via our Sun`
and Sport fins Neofin is now introducing its Nekton fin for children The two samples
that I delivered to you last Thursday are the Nekton model For additional information
on the Neofin organization and product line, please visit our web site at www neofin com
As a resident of El Segundo and a businessman, I am interested in ways the community
and business can work together toward mutual benefit. Neofin's introduction of the
Nekton fin could provide an interesting opportunity for Neofin and the City to work
together
Neofin would like to sponsor the City's children swimming program as follows
Neofin would deliver a (to be determined) quantity of Nekton fins for use by the
Recreation & Parks Department in City sponsored swimming lessons and pool
activity sessions All equipment would be provided at Neofin's expense — at no
charge to the City
• Neofin would have the right to periodically inspect Neofin equipment, replace any
worn or defective equipment, and seek product information feedback from City
swimming instructors
•
Neofin would have the right to reference its City of El Segundo sponsorship in the
media, including but not limited to print, intemet, television, and radio, as may be
utilized from time -to -time
JRI. LLC - Exclusive Marketing Company forNeoftn
580 BroadwaN • Suite 121 • Laguna Beach • CA 92551 1 8
f949i 497 -8626 • Fax 949.497.8760 • % w,neorin corn
W Johnson
City ofm Segundo
July 27, 2000
The sponsorship would run for a term of 12 months, cancelable by either party upon
30 days written notice, and subject to renewal by both parties
I would be pleased to meet Anth you again to explore this matter further and answer
questions you and your colleagues may have Should you require a business reference,
please contact Mr Bill Cngger, President of the El Segundo Chamber of Commerce, at
(310) 322 -7988
I look forward to talking with you soon
Regards!
regory T Ricks
Chief Executive Officer
1:
EL SEGUNDO CITY COUNCIL MEETING DATE: September 5, 2000
AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION: Amendment to a professional service contract with Meyer,
Mohaddes Associates (MMA) for traffic and environmental services to prepare
additional traffic analysis for the General Plan Circulation Element update The
amount to be paid to the Consultant under this amendment Is $9,970 00 Traffic
Impact Fee Mitigation funds will be used to cover the cost of the services
RECOMMENDED COUNCIL ACTION.
Approve an Amendment to Contract No 2645 with MMA to prepare additional
traffic and environmental analysis.
BACKGROUND & DISCUSSION.
On October 21, 1998, the City Council approved Contract No. 2645 between the
City and MMA for professional services to prepare an update to the Circulation
Element of the General Plan (EA No 454, GPA No 98-4) The amount of the
original contract was $86,300 00
As a result of recent development projects since the contract was originally
approved, staff recommends that additional traffic analysis be completed to
assure that the Circulation Element Is as comprehensive as possible. Staff
recommends the funds from the Traffic Impact Mitigation Fee Program be
allocated to the Circulation Element for the purpose of funding the attached
contract amendment.
ATTACHED SUPPORTING DOCUMENTS'
1. Draft Contract Amendment No. 1 with MMA in the amount of $9,970.00.
2 MMA Amendment Proposal and Work Scope /Budget.
FISCAL IMPACT-
Amount Requested: $ 9,970.00
Account Number: 702 - 400 - 6141 -6214
Project Phase: N/A
Appropriation required: YES
s M. Hansen, Director of Community, Economic and Development Services
Manager /'o
0
188 16
STAFF REPORT- September 5, 2000 Page 2
DISCUSSION:
The additional analysis will result in a Circulation Element that is based upon the
best available information at this time. Development on the 46.5 acre parcel of
land currently owned by Federal Express, that is the subject of the pending El
Segundo Media Center (ESMC) project, or a similar project, will be included in
the traffic projections in the Circulation Element. A planned office /light industrial
project on the 11 -acre vacant Rockwell International site at the southwest comer
of Douglas Street and Mariposa Avenue will also be included in the traffic
projections. The development potential from these properties would be included
in the approved project list in the Circulation Element and removed from the
vacant land inventories
Staff does not recommend the inclusion of potential traffic generation from the _
potential Los Angeles Air Force Base development project because the Air Force
property is not currently zoned for the possible retail/office uses. Additionally, the
project description with the land uses and densities is unknown at this time and it
would be premature to analyze possible traffic and circulation impacts Due to the
scope of the Air Force project, a separate environmental analysis will be
required
P Planning & Building Safety\ PROJECTSW51- 475\EA -454 \MMA Contract Amendment ais 2 doc
AMENDMENT NUMBER ONE
TO THE
PROFESSIONSAL SERVICES AGREEMENT (CONTRACT NO. 2645)
FOR PLANNING AND ENVIRONMENTAL SERVICES
BETWEEN THE CITY OF EL SEGUNDO AND
MEYER, MOHADDES ASSOCIATES, INC
The Professional Services Agreement for Planning and Environmental Services by and between
the City of El Segundo, Municipal Corporation of the State of California (hereinafter "CITY") and
Meyer, Mohaddes Associates, Inc (hereinafter referred to as "CONSULTANT") is hereby
amended to add Section 21, Additional Scope of Services, as follows
21 ADDITIONAL SCOPE OF SERVICES Consultant agrees to perform the
services set forth in Exhibit "B" "Contract Amendment No 1" 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, including, but not limited to, a valid El Segundo
Business License. Consultants shall begin its services under this Agreement on
September 6, 2000 Consultant shall complete each of the services set forth in Exhibit B
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, provided such revisions
are within the approved scope of work (Exhibit "B ")
Compensation to the Consultant shall be as set forth in Exhibit "B" hereto and made a
part hereof
All terms and provisions of the Agreement which are not inconsistent or in conflict with this
Amendment Number One shall remain in full force and effect and neither party waives any rights
it may have ansing out of past performance, or lack thereof, of the other party
APPROVALS:
CITY OF EL SEGUNDO
By
Mike Gordon,
Mayor
Date
ATTEST:
Cindy Mortesen,
City Clerk
CONSULTANT
MEYER, MOHADDES ASSOCIATES, INC
By
Gary Hamnck,
Principal
Date
APPROVED AS TO FORM:
ark D. ensley,
City Attorney
190
EXHIBIT B
CONTRACT AMENDMENT NO. 1
To: Chris Katz Date: August 4, 2000
City of El Segundo
J/P Number: J98 -094
From: Gary Hamrick Project: Revised Proposal to
Provide Additional Services
for the El Segundo
Circulation Element Update
Per your request, Meyer Mohaddes Associates would be pleased to provide the following
professional services in relation to the Circulation Element
Task 1 - Revise TRAFFIX Model to Include up to Two Additional Projects
Revise the traffic model to assess up to two new projects This will include calculating the trip
generation rates for the protects or taking the trip generation totals from the latest EIR traffic studies
and then coding the trips into the existing model. Code in travel pathways and distribution
percentages for the new protects. For the EIR, EIP Associates will review changes to the protect
description and traffic model run calculations by MMA and revise the EIR project description, impact
analysis sections (including calculations based on the traffic model run for air quality and noise
impacts) Revise and update appropriate related tables and exhibits based on the Circulation
Element or Technical Background Report
• MMA Project Manager - 2 hours @$155 /hour =
$310
• MMA Project Engineer - 6 hours @ $80/hour =
$480
• EIP Project Manager -12 hours @ $1101hour = $1,320
• EIP Project Analyst - 22 hours @ $701hour =
$1,540
• EIP Support Staff - 12 hours @ $50/hour =
$600
SUBTOTAL
$4,250
Task 2 - Run TRAFFIX Model, Develop new Mitigation Measures and Test Mitigation
Run the revised TRAFFIX model for the future scenarios including "Future with Growth in Ell
Segundo," "Future with Growth in El Segundo plus Regional through Trips" and "Circulation
Element Future Analysis with Master Plan " Review the results and re-run as needed. Should
impacts be greater than prior runs, MMA will develop revised mitigation recommendations including
the two new projects.
Project Manager - 6 hours @$155/hour = $930
Project Engineer - 24 hours @ $80/hour = $1.920
SUBTOTAL $2,850
Task 3 - Documentation /Coordination
191
Chris Ketz
August 4, 2000
Page 2
Revise all tables, graphics and text in the Circulation Element report as needed to reflect the revised
analysis (Tables 6, 7, 8, 9, 11, Exhibits 14, 15, 16, 17, 21 plus applicable text)
• Protect Manager - 4hours @$155 /hour =
$620
Protect Engineer - 10 hrs @$80 /hour =
$800
• Support Staff - 20 hours @$60 /hour =
$1.200
SUBTOTAL
$2,620
Total
• MMA Protect Manager - 12 hours -
$1,860
• MMA Protect Staff - 60 hours -
$4,400
• Direct Costs -
$250
• EIP Fee -
$3,460
• TOTAL FEE ESTIMATE -
$9.970
Proposed Schedule
A revised technical traffic study document will be presented within four weeks after receipt of written
notice to proceed and all required data from the City A revised draft ElR document will be provided
within six weeks of receipt of notice to proceed.
If the protect requires other services or a revised scope of work, I will be pleased to produce a
revised proposal Please call me with any questions
Cc Paul Garry
Steve Gerhardt
192
EL SEGUNDO CITY COUNCIL MEETING DATE: September 5, 2000
AGENDA ITEM STATEMENT AGENDA HEADING: Consent
AGENDA DESCRIPTION:
Accept a Calfornia State Library Grant #6120 - 140 -0001 in the amount of $50,000 awarded to
the El Segundo Public Library which funds equipment and software to host the library's
catalog, Innopac, on the Internet
Fiscal Impact None
RECOMMENDED COUNCIL ACTION:
1) Approve acceptance of the Grant by the Library Director, Debra Brighton
BACKGROUND & DISCUSSION:
In January 2000, staff applied for a State Grant to upgrade the Online Catalog so that the Library's
collection of over 140,000 volumes of books and other materials could be accessible to a broader
segment of the local community via the Internet A letter from the State Librarian, Kevin Starr,
confirms the award of the grant Equipment and software will be purchased mainly from Innovative
Interfaces, Inc , the vendor which maintains the Library's current online catalog After the upgrade,
the Library will also be able to participate in the Metropolitan Cooperative Library System's "Link"
project which will connect the catalogs of 17 Southern California Libraries together for free access
and resource sharing
ATTACHED SUPPORTING DOCUMENTS:
Award Letter from the State Librarian, Kevin Starr
FISCAL IMPACT:
None
Operating Budget:
None
Amount Requested:
None
Account Number:
None
Project Phase:
Appropriation Required Yes
No x
RIGINATED: Date: 0113)a
e ra�cc,, , ati.�
&'gj%toon, Library Director
Date: ��/
'+i� o
]q3 17
EL SEGUNDO CITY COUNCIL MEETING DATE: September 5, 2000
AGENDA ITEM STATEMENT AGENDA HEADING. Consent
AGENDA DESCRIPTION: Street Tree Master Plan Implementation
RECOMMENDED COUNCIL ACTION Receive and File
BACKGROUND & DISCUSSION'
Staff has met with West Coast Arbonsts to review our Implementation plan for the
Street Tree Master Plan. We have addressed citizen Issues, held a community
meeting to explain the Master Plan and answer questions, and developed new
procedures for reviewing citizen concerns about trees in city parkways When a
resident does not agree with a staff recommendation on a parkway tree Issue,
the resident will be directed to send a letter to the Recreation and Parks
Department explaining the situation, and their appeal will be scheduled for the
next available Commission meeting This procedure follows the Municipal Code,
12 12 180 , and was also incorporated into our Street Tree Policy at Council's
request
There are currently dead and diseased /dying trees that need to be removed and
replaced with new, healthy trees Staff will begin removal, replacement, and an
aggressive tree trimming program, unless there are other issues that need to be
addressed
ATTACHED SUPPORTING DOCUMENTS.
FISCAL IMPACT: None
Operating Budget:
Amount Requested:
Account Number:
Project Phase'
Appropriation required'
DATE: August 28,
,'Recreation and Parks Director
DATE:
Manager
%/o
194 18
I` - -
EL SEGUNDO CITY COUNCIL MEETING DATE: September 5, 2000
AGENDA REM STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
City Council approval to award to Sunset Floors the Installation of new carpet and
linoleum at multiple City locations, for the quoted price of $13,071.00
RECOMMENDED COUNCIL ACTION:
Award bid to Sunset Floors
BACKGROUND AND DISCUSSION:
In 1999/2000, the Facilities Maintenance Division budgeted in the Facilities
Maintenance Program for replacement of the floor systems throughout City facilities.
Several bids were requested, and two (2) were received. The lowest bid received came
from Sunset Floors for $13,071.00
ATTACHED SUPPORTING DOCUMENTS.
Carpeting Flooring Quote's Summary
FISCAL IMPACT:
Operating Budget:
Amount Requested:
Account Number:
Project Phase:
Appropriation Required:
i
$18,500.00
$13,071.00
405 -400- 0000 -6215
Issue Purchase Order
$13,071.00
VKIla1NA1 tD GT: /; Date:
U 829/0
Andres Santamana. Director of Public Works
N %COUNCIUSEPTEMBER05 06 (Tuesday 8/29(00 4 00 P M ) • v
195
HUG29 -2000 1149 CITY-El `mow 9-s- m.
8/29100 Carpeting Floodng Quote's
Summaty
310 322 V56 P•03
Summary for Carpet & Fioonng Aug 29, -4000 Prepared by J Rlchrd Hogate, Purchasing Agent
ML. P.03
EL SEGUNDO CITY COUNCIL MEETING DATE: September 5, 2000
AGENDA ITEM STATEMENT AGENDA HEADING: New Business
AGENDA DESCRIPTION:
Introduction and First Reading of an Ordinance Amending Chapter 3 24 130 of
the El Segundo Municipal Code relating to Utility User's Tax (UUT), adoption of
UUT Administrative Rules and Regulations, approval of UUT fixed fee and legal
services agreements
RECOMMENDED COUNCIL ACTION:
• Adopt Utility User's Tax (UUT) Administrative Rules and Regulations
• Introduce First Reading of Ordinance Amending Chapter 3.24. 130 of the
Municipal Code
• Approve Fixed Fee Agreement between MBIA MuniServices
Company /Municipal Resources Consultants (MMC) and the City of EI
Segundo
• Approve Legal Services Agreement between Don Maynor and the City of El
Segundo
BACKGROUND & DISCUSSION:
The City's current UUT ordinance was originally adopted in 1988 and modified by
an election held in April 1996 _
ATTACHED SUPPORTING DOCUMENTS:
The intention of the adoption of the proposed UUT Administrative Rules and
Regulations and Ordinance is to safeguard the utility user's tax source of
revenue
FISCAL IMPACT: Safeguard against the possible loss of $566,000 in Telephone Utility
User's Tax
Operating Budget:
Amount Requested:
Account Number:
Project Phase: Adoption of Ordinance, Approval of Agreements
Appropriation required: No
ORI 1MATED: DATE:
Arw /1'I ljr4 V2- 3 /2-WL
Bret M Plumlee, Director of Finance
BY:
Manager
J! V'
8/24/00 8 57 AM 20
197
t
Background and Discussion (contd )
At the time of the adoption, only a small number of utility providers existed due to
monopoly conditions in the telecommunications, electricity, and natural gas
industries Due to deregulation, the number of utility service providers has
increased significantly In addition, technological changes have resulted in new
services being offered to utility customers
In order to provide guidance to the many new utility service providers regarding
their collection responsibilities and to ensure that the City's UUT ordinance is
applied to all applicable services in a manner consistent with the original intent of
the ordinance, it is appropriate at this time to adopt administrative rules and
regulations as authorized by Section 3 24 100 of the voter adopted UUT
ordinance
Additionally, the proposed administrative rules and regulations allow the tax
administrator (Director of Finance) the flexibility to issue rulings interpreting the
UUT ordinance without having to modify the ordinance This will be especially
beneficial as technology continues to quickly change the utility industry
Significant impacts of the proposed administrative rules and regulations include
the following,
1 Federal legislation has recently been introduced that would repeal the Federal r
Excise Tax (FET) The proposed administrative rules and regulations make
clear that a repeal of the FET will not affect the City's ability to levy the UUT
2 Exempt service users will be obligated to inform the City of their exempt
status
3 The proposed administrative rules and regulations make it clear that the utility
user is ultimately responsible for the tax.
The clarifying amendment to the UUT ordinance does the following
1 Clarifies the penalty for fading to comply with the record - keeping requirements
of the UUT ordinance
2 Clarifies that filing a claim with the City on behalf of a Gass or group of
taxpayers is prohibited, and
3 Clarifies the procedure for filing an appeal of any decision or administrative
ruling of the Tax Administrator
8/24/00 8 57 AM
198
Fixed Fee and Legal Services Agreement
The objective of these agreements is to provide the City with certain professional
services in furtherance of a comprehensive UUT/franchise compliance and
revenue protection program that is designed to preserve, protect, and enhance
the UUT tax and utility franchise revenues The City currently contracts with
MMC on a contingency basis to perform UUT and franchise fee audits Audit
services will now be done on a fixed fee basis, which will enable the City to
achieve lower costs for industry wide analysis performed by MMC and will help to
develop consensus -based decisions regarding interpretations and tax
implementation that utility industries require of California public agencies
Audit services performed by MMC that is speck to the City of El Segundo will
continue to be priced on a contingency basis
sizaroo 8 57 AM 199
ORDINANCE NO
AN ORDINANCE OF THE PEOPLE OF THE CITY OF
EL SEGUNDO, CALIFORNIA, AMENDING CHAPTER
3.24, ENTITLED "UTILITY USERS TAX," BY ADDING
SECTION 3.24.125, ENTITLED "VIOLATION OF
RECORDS REQUIREMENT, PENALTY,"
SUBSECTION (F), TO SECTION 3.24 130, ENTITLED
"REFUNDS," AND SECTION 3.24.170, ENTITLED
"APPEALS
THE CITY COUNCIL OF THE CITY OF EL SEGUNDO ORDAINS AS
FOLLOWS:
Section 1 Chapter 3.24, entitled "UTILITY USERS TAX" of Title 3 of the
El Segundo Municipal Code is hereby amended by adding Section 3.24.125, entitled
"VIOLATION OF RECORDS PROVISION, PENALTY" to read as follows
"3 24 125 VIOLATION OF RECORDS
REQUIREMENT; PENALTY. If any person subject to
record - keeping under this Chapter unreasonably denies the
Tax Administrator, or the Tax Administrator's designated
representative, access to such records, the person
unreasonably denying access shall be subject to a penalty- s
of five hundred dollars ($500) for each violation. The
person shall be guilty of a separate offense for each and
every day during any portion of which denial of access is
committed, continued or permitted by such person. This
penalty shall be in addition to any other penalty unposed
under this Code."
Section 2 Chapter 3.24, entitled "UTILITY USERS TAX" of Title 3 of the
El Segundo Municipal Code is hereby amended by adding subsection (f) to Section
3.24 130, entitled "REFUNDS" to read as follows:
"(f) Nothing herein shall permit the filing of a claim on
behalf of a class or group of taxpayers."
Section 3. Chapter 3.24, entitled "UTILITY USERS TAX" of Title 3 of the
El Segundo Municipal Code is hereby amended by adding Section 3.24.170, entitled
"APPEALS" to read as follows:
ORDINANCE NO
UTILITY USERS TAX
PAGE NO 1 r O
"3.24 170 APPEALS.
A If the service user or service supplier is
aggrieved by any decision or administrative ruling of the
Tax Admimstrator, or with the failure to grant a refund or
exemption as provided for under Chapter 3.24 of the El
Segundo Municipal Code, he may appeal to the City
Manager, or his or her duly authorized designee, by filing a
nonce of appeal with the City Clerk withm fourteen (14)
days of the decision or administrative ruling which
aggrieved the service user or service supplier The City
Clerk shall thereupon fix a time and place for a hearing of
such appeal. The City Clerk shall give nonce to such
person of the time and place of hearing as herein provided.
B The decision of the City Manager, or his or
her duly authorized designee, shall be final unless appealed
to the City Council, in the manner provided for in this
subsection, no later than ten calendar days after the date of
the decision.
(1) The Nonce of appeal shall contain
the name and address of the person appealing the action,
the decision appealed from and the grounds for the appeal.
A defect in the form of the notice does not affect the
validity or right to an appeal The notice of appeal shall be
accompanied by the fee fixed by resolution of the City
Council
(2) A City Council member may appeal
a decision of the City Manager. The appeal shall be
processed in the same manner as an appeal by any other
person but need not be accompanied by the fee prescribed
for an appeal. The City Council member appealing the
decision is not disqualified by that action from participating
in the appeal hearing and the deliberations nor from voting
as a member of the City Council.
(3) The City Clerk shall set the matter
for hearing before the City Council and shall give notice of
the hearing on the appeal.
ORDINANCE NO
UTILITY USERS TAX
PAGE NO 2
201
(4) The City COUncil shall hear the
appeal as a new matter The original applicant has the
burden of proof The City Council may reverse or affirm
the City Managers decision in whole or in part, or may
modify the decision that is being appealed, irrespective of
the precise grounds or scope of the appeal In addition to
considering the testimony and evidence presented at the
hearing on the appeal, the City Council shall consider all
pertinent information from the file as a result of the
previous actions from which the appeal is taken.
C No injunction or writ of mandate or other
legal or equitable process shall issue in any suit, action, or
proceeding in any court against this City or against any
officer of the City to prevent or enjoin the collection under
Chapter 3.24 of the El Segundo Municipal Code of any tax
or any amount of tax required to be collected and/or
rerrutted "
Section 4 If any section, subsection, subdivision, paragraph, sentence, clause
or phrase of this ordinance or any part thereof is for any reason held to be
unconstitutional, such decision shall not affect the validity of the remaining portion of
this ordinance or any part thereof.
Section 5 The City Clerk shall certify to the passage and adoption of this
Ordinance and enter it into the book of original Ordinances.
law
Section 6 The City Clerk shall publish or post the ordinance according to
ORDMANCE NO
UTILITY USERS TAX `1 �I 2
PAGE NO 3
PASSED, APPROVED AND ADOPTED this day of 2000.
Mike Gordon, Mayor
ATTEST
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO )
1, Cindy Mortesen, City Clerk of the City of El Segundo, California, do
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 held on the day of 2000,
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 2000, and the same was so
passed and adopted by the following vote-
AYES
NOES
ABSENT
ABSTAIN
NOT PARTICIPATING-
Cindy Mortesen, City Clerk
APPROVED AS TO FORM:
G
ark D. H sley, ity Att ey
ORDMANCE NO
UTILITY USERS TAR
PAGE NO 4 % n
LEGAL SERVICES AGREEMENT
1 IDENTIFICATION OF PARTIES This agreement, executed in duplicate with each
party receiving an executed original, is made between Donald H Maynor, A Professional
Corporation, hereafter referred to as "LAW FIRM ", with a business address of 235 Catalpa
Drive, Atherton, CA 94027, and the City of El Segundo, hereafter referred to as "CITY", with a
business address of City of El Segundo, 350 Main Street, El Segundo, CA 90245
This agreement is required by Business and Professions Code Section 6148 and is
intended to fulfill the requirements of that section
2 LEGAL SERVICES TO BE PROVIDED The legal services (and other related
services requiring legal expertise) to be provided by LAW FIRM to CITY are as follows. This
agreement is intended primarily to ensure the availability of LAW FIRM to perform "Revenue
Protection Services" to the CITY (as described in Section 3(B) of Attachment "A "), and to assist
CITY and CITY's consultant (MMC) in connection with legal issues that arise in the audit and
compliance activities performed by MMC, all of which are described in the CITY's agreement
with MMC/MRC entitled "Utility Users Tax/Franchise Compliance and Revenue Protection
Program," dated , 2000, and hereafter referred to as the "MMC Agreement ", a
copy of which is attached hereto as Attachment "A"
3 LEGAL SERVICES SPECIFICALLY EXCLUDED. Legal services that are not to be
provided by LAW FIRM under this agreement specifically include, but are not limited to, the s
following Consultations beyond those legal, tax preservation and protective services described
in Paragraph 2 of this agreement (and as more specifically described in Section 3(B) of the MMC
Agreement), and any activity related to litigation If CITY wishes that LAW FIRM provide any
legal services not to be provided under this agreement, a separate written agreement between
LAW FIRM and CITY will be required
4 RESPONSIBILITIES OF LAW FIRM AND CITY LAW FIRM will perform the
legal, tax preservation and protective services called for under this agreement and respond
promptly to CITY's inquiries and communications CITY will be truthful and cooperative with
LAW FIRM and timely make any payments required by this agreement.
5 ATTORNEY CLIENT RELATIONSHIP WITH CITY ONLY. It is acknowledged
that LAW FIRM will work cooperatively with CITY's consultant, MMC, in the providing of
services set forth in the MMC Agreement, to the benefit of CITY. It is also understood that
CITY, not MMC, is the client of LAW FIRM, and that LAW FIRM provides no legal services
directly to MMC that would establish an attorney /client relationship between LAW FIRM and
MMC
6 ATTORNEY'S FEES As described in Section 6(A) of the MMC Agreement, the
CITY's total annual fixed fee shall be the greater of i) one -half percent (0.5 %) of the total UUT
revenues received by the CITY (excluding UUT reN enues derived from CATV and PSFA) based
on the prior fiscal year, or li) ten thousand dollars (S 10,000). CITY shall pay to LAW FIRM a
2(A
proportional share of said total annual fixed fee, provided that such parties shall provide prior
written notice of such adjustment to the CITY Said annual fixed fee shall be paid in four equal
quarterly payments with due dates of March 31, June 30, September 30, and December 31
These quarterly payments are nonrefundable The first quarterly payment shall be due on the
next quarterly due date following the effective date of this Agreement For purposes of
compensation under this Section 6, the effective date of this Agreement shall be deemed to be
July 1, 2000
In the event that any legal services from LAW FIRM are required in connection with a
CITY - specific audit, the cost of such services to the CITY shall be paid by MMC, and MMC
shall disclose to the CITY the financial arrangement between MMC and LAW FIRM regarding
the payment of such costs
7 MINIMUM TERM/TERMINATION Either LAW FIRM or CITY may terminate
this AGREEMENT, by providing thirty (30) days pnor written notice to the addresses in
Paragraph 1 of this agreement; provided, however, if CITY terminates this agreement at any time
within twelve (12) months following the effective date of this agreement, CITY shall
nevertheless pay LAW FIRM four (4) quarterly payments from the commencement of the
agreement to compensate LAW FIRM for its waiver of fees for past services rendered
8 DISCLAIMER OF GUARANTEE Nothing in this agreement and nothing in LAW
FIRM's statements to CITY will be construed as a promise or guarantee about the outcome of
CITY's matter Attorney makes no such promises or guarantees LAW FIRM's comments about
the outcome of any matter are expressions of opinion only
EXECUTED as of the day and year first above stated
CITY OF EL SEGUNDO
By
Title
Date
Donald H. Maynor, a Professional Law Corporation
By
Title
Date
ATTEST
City Clerk
APPROVED AS TO FORM
ity ZAttorney
2ri5
AGREEMENT TO PROVIDE
AUDITING, GEOCODING, AND ASSOCIATED CONSULTING SERVICES
FOR
UTILITY USERS TAX/FRANCHISE
COMPLIANCE AND REVENUE PROTECTION PROGRAM
FOR TIE CITY OF EL SEGVNDO
August 15, 2000
by
MBIA MuniServiaes Company
I?r6
UTILITY USERS TAXMRANCHISE
COMPLIANCE AND REVENUE PROTECTION PROGRAM
This AGREEMENT is made at El Segundo, Califorma, as of August 15, 2000, by and between
the City of El Segundo, a municipal corporation (hereinafter referred to as "CITY") and MBIA
MuniServices Company/Mumcipal Resource Consultants (hereinafter referred to as "MMC ")
MMC agrees to provide CITY with certain professional services in furtherance of a
comprehensive utility users tax/franchise compliance and revenue protection program
(hereinafter "PROGRAM "), with broad participation by California public agencies, that is
designed to preserve, protect, and enhance their utility users tax (UUT) and utility franchise
revenues
1. PROGRAM OBJECTIVES
MMC's auditing, geocodmg, information, and associated services and skills, in conjunction
with the legal and "protective" services of the CITY's outside counsel, Donald H Maynor, A
Professional Law Corporation (LAW FIRM), will be used to establish and implement a
PROGRAM that will allow participating California public agencies to preserve, protect and
enhance their UUT and utility franchise revenues through a combination of auditing, ,
geocoding, tax application compliance, business detection, ordinance update, legislative
monitoring, technology update, and other essential compliance and protective services An
effective compliance PROGRAM will assist the CITY, and other participating public
agencies, in identifying and correcting errors/omissions causing revenue deficiencies, and
thereby produce new or previously unrealized revenue for such participants. The
PROGRAM's tax preservation services will protect the CITY's existing UUT revenues from
erosion due to new legislation, new technologies, outdated ordinance language and
inaccurate information. By offering these essential services through a comprehensive
PROGRAM, with widespread participation, there are the additional benefits of. i) achieving
lower individual costs for such joint activities; and, ii) developing consensus -based decisions
regarding ordinance interpretations and tax implementation that utility industries require of
California public agencies
2. ROLE OF CLIENT EXECUTIVE COMMITTEE
A Client Executive Committee (CEC) has been formed, and is made up of client public
agency representatives, to review and approve the PROGRAM's proposed work plan, and
provide general PROGRAM oversight The CEC will also function to develop consensus
positions on tax application issues, and other matters requiting uniformty among California
public agencies with UUT ordinances. MMC will provide quarterly progress reports to the
CEC and to the CITY to establish the PROGRAM's continuing value to the CITY.
z ?r) 7
3. FIXED FEE SERVICES
A. Compliance Review Services
At any time during the term of this AGREEMENT, with the prior written consent of
the CEC, or with the prior written consent of the City where specifically indicated,
MMC may perform compliance review activity on behalf of the CITY in any of the
following areas
1 UTUTT P pnitcatton and Franchise Fee Review: In accordance with a work
plan that has been reviewed and approved by the CEC, MMC will perform
compliance reviews of major utility providers, with a focus on common client
issues, to assure that the LJLT is being properly applied to taxable services and
charges, and that the franchise fee formula is being properly applied to the
revenue base (as provided in standard franchise agreements) MMC will use
the legal expertise of LAR' FIRM on matters requiring legal analysis or an
interpretation of ordinances, standard utility franchises, laws, and IRS letter
rulings, which will be coordinated with the City Attorney.
Z. Telecom Soecial Access Customers: At the option of CITY, MMC will assist
CITY in identifying sophisticated telecommunication users that may be
employing new telecommunication technologies that involve taxable
telecommunication services to assure tax compliance.
3 Geocode Information and Review: MMC will develop and maintain a
proprietary address range database to assure accurate address range
information regarding the CITY's boundaries. Such databases will reflect the
latest available LAFCO information regarding CITY boundary changes due to
annexations or other municipal reorganizations. Upon request, this service
will be made available to any utility service provider that serves customers
within the CITY.
4 LTLTT Exemption Review: MMC will review for accuracy the gas, electric, and
water exemption lists and telecommunication exemption certificates for non-
residential customers, as provided by the CITY, and identify to CITY staff
possible errors. MMC will use the legal expertise of LAW FEW on matters
requiring legal analysis or an interpretation of ordinances, laws, and IRS letter
rulmgs, which will be coordinated with the City Attorney.
5. UUT Business Detection: MMC will perform periodic compliance reviews of
mayor utility providers and utilize other detection tools to verify whether such
companies are doing business within the CITY, and then identify such
possible non - complying companies to CITY staff for enforcement actions.
MMC will assist CITY in developing compliance correspondence and
enforcement procedures.
6. UUT Payment Calculations and Deviations: If the CITY provides MMC with
regular and accurate UUT payment history (i.e., copies of all UUT
remittances), MMC will identify to CITY staff possible gaps in payments,
calculation mistakes, and other payment errors. MMC will assist CITY in
3 208
developing compliance correspondence and enforcement procedures On
request, MMC will provide the CITY, on a semi- annual basis. with a
spreadsheet reflecting the CITY's UUT payments (based on remittance data
provided by the CITY to MMC).
B. Revenue Protection Services
MMC will work cooperatively with LAW FIRM in providing the followine revenue
protection services designed to protect the CITY's existing and future UUT and
utility franchise revenues
1 Statutory Compliance and Consulting Services
a Publication of Ordinance Requirements Maintain an accurate copy
of CITY's UUT ordinance and its administrative rules and
interpretations on the MMC Website, and otherwise assist the CITY in
complying with Public Utilities Code § 495.5.
b. Tax Compliance Forms. Prepare model forms for exemption
applications, UUT remittances, information requests, and other tax
compliance documents _
c Access to Information Assist the CITY staff in obtaining SB 278
lists, tax compliance information, exemption lists of utility service
providers, and in determining the exempt status of utility customers
pursuant to the exemption provisions of the CITY's UUT ordnance or
federal excise tax law relating to telecommunications.
2 Ordinance Update and Legislative/Regulatory Review Services
a Ordinance/Franchise and Technology Update. Periodically review
and update the CITY's Utility Users Tax ordinance and standard utility
franchise agreements, by offering recommendations to address issues
that may anse because of deregulation, litigation, changes in laws or
regulations, the unbundling of traditional utility services, or the
introduction of new technologies to provide utility services.
b State and Federal Legislation. Monitor proposed state and federal
legislation to identify issues affecting the CITY's, UUT or utility
franchise revenues, and make appropriate recommendations, with the
prior approval of the CEC, to the CITY, the League of California
Cities, the National League of Cities and other lobbyists of California
public agencies.
c. Regulatory Agencies Monitor proceedings at the various regulatory
proceedings (e.g., California Public Utilities Commission, California
Energy Commission, Federal Commerce Commission, Federal Energy
Regulatory Commission) that affect the deregulation of the various
utilities that are to be reviewed under this AGREEMENT and make
appropriate recommendations to CITY and the CEC
d Information Services To accomplish the monitoring and review
services n Section 4(B) above, the PROGRAM will provide CITY
4 209
with periodic newsletters, special communications, and legislative
bulletins MMC may also provide instruction to CITY staff through
workshops and seminars on such subjects as industry deregulation.
new technologies, complying with new utility- related legislation, and
other timely subjects
C. MMC Does Not Provide Legal Services
It is agreed and understood MMC will provide no legal services that may be required
under any of the PROGRAM activities described in this Agreement, but rather LAW
FIRM will provide such legal services by separate agreement with CITY. It is also
acknowledged that in providing such legal services, LAW FIRM's client will be
CITY, and not MMC
4. CITY - SPECIFIC AUDITS WITH PERFORMANCE -BASED FEE
A. Scope of CITY - Specific Audits
At any time during the term of this AGREEMENT, with the prior written consent of
the CITY, MMC may perform a CITY - specific audit of a utility franchise or UUT
payments from a specific utility, when the audit intends to focus on CITY - specific
issues See Section 6(C) below regarding compensation for CITY- specific audits
B. MMC Is Responsibilities for CITY - Specific Activities
1 Work Plan Approval for CITY - specific Activities. MMC will submit to the
CITY staff a proposed Work Plan for review and approval that will serve as
the basis for CITY - specific compliance activities (e.g., CATV UUT or
franchise review, gas or electric franchise review, or payment deviation from
a specific utility).
2 CITY Approval of Discovery Actions For City- specific activities, MMC will
receive prior authorization from the CITY staff to obtain and examine utility
and customer records (hard copy and data format) necessary to assure
compliance with the CITY's UUT ordinance through the use of administrative
subpoenas, nondisclosure agreements, and other procedures required by the
utility service provider as a condition of providing access to confidential
customer information.
3. MMC to Comply with Local Laws In performing the compliance review
services described in this subsection, MMC agrees to abide by the provisions
of the CITY's UUT ordinance, any administrative rules the CITY may adopt
relating to such ordinance, and the confidentiality requirements of state law
(Revenue and Taxation Code Section 7284.6 -.7). Throughout the above
process, MMC shall be available to meet with the CITY, utility service
providers, or their customers to review any MMC findings or
recommendations ansing our of its compliance review activities for the CITY
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5. CITY's
To facilitate and maximize the effectiveness of the above compliance review activities, CITY
shall diligently assist MMC by performing the following
A. Necessary Information
CITY will provide MMC, on a timely basis, with information necessary to conduct its
compliance review activities mcludmg but not hmnted to monthly UUT payment
histories, exemption lists, and SB 278 gas and electric lists (including names of
customers refusing to pay surcharges). and certified copies of the UUT ordinance and
any subsequent amendments
B. Letter of Authorization.
CITY will provide a letter of authorization identifying MMC as an authorized agent
of the CITY to perform utility users tax compliance audits, to receive and examine
appropriate utility and customer records (hard copy and data format) necessary to
assure UUT tax compliance, and to execute necessary nondisclosure agreements
approved by CITY.
C. Legal Interpretations of Ordinance.
Upon request, CITY will provide MMC with appropriate legal and admimstrative
interpretations of its UUT ordinance It is agreed and understood that CITY will
retain the exclusive authority and responsibility to administer, interpret, and enforce
its UUT ordinance, recognizing that the role of MMC and LAW FIRM is limited to
employing their unique expertise and proprietary tools for• i) detecting and
identifying errors /omissions by utility service providers or utility users in the
application, calculation, collection. andior remittal of UUT; and, it) providing CITY
with technical assistance, without assuming or being delegated the authority or
responsibility of CITY to admiituster. interpret, and enforce its UUT ordinance and
standard utility fianchise agreements
6. COMPENSHTION/TERM
A. Annual Fixed Fee
I. Total Annual Fixed Fee. The CITY's total annual fixed fee for participating in the
PROGRAM shall be the greater of i) one -half percent (0.5 %) of the total UUT
revenues received by the CITY (excluding UUT revenues derived from AES,
municipal water, and PSAF) based on the prior fiscal year, or ii) ten thousand
dollars ($10,000).
2. Allocation of Annual Fixed Fee Said annual fixed fee payment shall be
allocated, and paid separately, to LAW FIRM and MMC as follows: i) to LAW
FIRM, the greater of one - eighth of one percent (0.125 0/9) of the total UUT
revenues or five thousand dollars ($5,000), as reflected in a separate
attorney /client agreement with the CITY, and ii) to MMC, one -half of one percent
(0.5 %) of the total UUT revenues less the amount allocated and paid separately to
LAW FIRM At any tune, LAW FIRM and MMC may, by mutual agreement,
adjust their proportional share of said total annual fixed fee, provided that such
parties shall provide prior written notice of such adjustment to the CITY.
6 1) 1 1
s
3 Quarterly Payments of Fixed Fee Said annual fixed fee shall be paid in four
equal quarterly payments with due dates of March 31, June 30, September 30.
and December 31 These quarterh payments are nonrefundable The first
quarterly payment shall be due on the next quarterly due date following the
effective date of tins Agreement For purposes of compensation under this
Section 6(A), the effective date of this Agreement shall be deemed to be July 1,
2000
B. Compensation for Work Performed Prior to December 31, 1999
1 Non -CATV Audit Work Performed Prior to December 31. 1999 In addition to
the annual fixed fee described in Section 6(A) above, MMC shall be entitled to
performance -based compensation for "additional revenues" that the CITY
receives for reporting periods prior to and through December 31, 1999 as a result
of the utility users tax program of MMC, or its predecessor Mumcipal Resource
Consultants (hereinafter referred to as "MRC ") Accordingly, CITY shall pay
MMC twenty-five percent (25 %) of the additional revenues, including interest
and penalties, that MMC is able to reasonably substantiate has resulted from its
CITY - specific compliance review activities Said 25% applies to the additional
revenues received by the CITY for the first twelve quarters following the
correction of the error /omission In addition, MMC may seek to recover all
revenue due the CITY from prior periods, if any. In that case, MMC will also
receive 25% of any retroactive recovery
Any "additional revenues" that the CITY receives for reporting periods after
January 1, 2000, as a result of work performed by MMC/MRC pnor to that date
(other than CITY - specific CATV audit work) shall not be subject to the
performance -based compensation of this or any prior agreements. MMC/MRC
hereby specifically waives any tight to such compensation for reporting periods
after January 1, 2000 as consideration for the CITY entering into this
AGREEMENT for a minimum of twenty-four (24) months.
C. Performance -Based Compensation for City-Specific Audit Services
1. With respect to a CITY - specific audit of a utility franchise, including a CATV
UUT /franchise audit referred to in Section 4(A) above, MMC shall be entitled to
additional compensation in the event that MMC's compliance review activities
result in the CITY receiving additional revenues from such CITY- specific audit
activity. Accordingly, the CITY shall pay MMC twenty-five percent (25 0/6) of the
additional revenues, including interest and penalties, that MMC is able to
reasonably substantiate has resulted from its CITY - specific compliance review
activities. Said 25% applies to the additional revenue received by the CITY for
the first twelve quarters following the correction of the error/omission. In
addition, MMC may seek to recover all revenue due the CITY from prior periods,
if any. In that case, MMC will also receive 25% of any retroactive recovery.
2 Notwithstanding subsection (1) above, nothing herem shall prohibit the parties
from entering into a written agreement on compensation for CITY - specific audit
services on a fixed fee or any other separately negotiated basis.
7 ?12
3 In the event that any legal services from LAW FIRM are required in connection
with a CITY - specific audit, the cost of such services to the CITY shall be paid by
MMC, and MMC shall disclose to the CITY the financial arrangement between
MMC and LAW FIRM regarding the payment of such costs
D. CITY's Obligations
Regarding the CITY - specific compliance review activities of MMC in Sections 4 and
6(C) above, the CITY agrees w
1 Invoice the responsible party for tax deficiencies (plus interest and penalties if
applicable) identified and confirmed by MMC within thtm, (30) days
following receipt of MMC's detection report or correspondence,
2 Provide MMC with a copy of any settlement agreement with a taxpayer/tax
collector within ten (10) days of entering into such agreement, and,
3 Notify MMC within thirtn (30) days following receipt by the CITY of
payments (cash, installment, or other compensation directly benefiting the
CITY) of such tax deficiencies, whether invoiced or not. Upon receipt of such
notice, MMC will promptly invoice the CITY. MMC's compensation is due
and payable within forty -five (45) days of the CITY's receipt of MMC's
invoice
E. MMC Expenses
MMC shall absorb all expenses incurred by MMC in providing its services as
descnbed herein These expenses include items such as employee salanes and
benefits, insurance, airfare, auto rentals, meals, lodging, Federal Express, mail,
telephone, copying, directones, on -line resources, and other overhead and
miscellaneous expenses.
7. TERMINATION OF AGREEMENT
A Either the CITY or MMC may terminate this AGREEMENT, by thirty (30) days prior
wntten notice as provided in this Section; provided, however, if CITY terminates this
AGREEMENT at any time within twelve (12) months following the effective date of
this AGREEMENT, CITY shall nevertheless pay MMC four (4) quarterly payments
from the commencement of the AGREEMENT to compensate MMC for its waiver of
fees for past services rendered and additional revenues received by CITY, as
described in the second paragraph of 6(B)(1).
B Upon termination of the AGREEMENT as provided herein, MMC shall be entitled to
retain any fees it may have received from the CITY pursuant to Section 6(A) of this
AGREEMENT. In addition, MMC shall be entitled to payment according to the
terms of Section 6(B) and (C) for all additional revenues, including interest and
penalties, that MMC is able to reasonably substantiate resulted from its compliance
review activities pursuant to Section 6(B) and (C) during the term of the
AGREEMENT. Within thirty (30) days following termination, MMC shall provide
CITY with a list of detections of non - compliance resulting from the compliance
review activities of MMC. CITY shall, in good faith, diligently seek to, i) correct
such detections of non - compliance made by MMC prior to the date of termination;
and, ii) collect the additional revenues that are due the CITY and MMC for past
8 213
periods and for the 12 quarters going forward following the correction, even though
the date of actual correction may occur after the termination date MMC shall assist
the CITY in this correction/collection effort, if so requested by the CITY
8. OTHER GENERAL PROVISIONS
In addition to the above provisions, the parties also agree to be bound by the general
provisions as set forth in Attachment "A" of this AGREEMENT, which are by this reference
incorporated herein In the event of disagreement between the specific provisions of this
AGREEMENT and the general provisions, the specific provisions of this AGREEMENT
shall prevail
EXECUTED as of the day and year first above stated
CITY OF EL SEGUNDO
M
Title.
Date
MBIA MuniServices Company/Municipal Resource Consultants
M.
Title-
Date.
ATTEST:
City Clerk, City of E1 Segundo
APPROVED AS TO FORM:
ty Attorn it E1 egundo 9
214
ATTACHMENT "A"
GENERAL PROVISIONS
1 tnrienenden[ Contractor At all ties during the term of this Contract. MMC shall be an Independent Contactor and
shall not be an employee of CIW CITY shall not have the right to control the means by which MMC
accomplishes services rendered pursuant to this Agreement
? Liabilt ry CITY shall not be called upon to assume any liability for direct payment of any salaries, wages, or other
compensation to any of MMC's personnel or subcontractors performing services hereunder for CITY, or any
liability other than provided for in this Agreement CITY shall not be liable for compensation or mdemmty to an}
MMC employee or subcontractor for marry or siclmess arising out of hssfher employment. or for any negligent
actions of MMC or its employees All persons employed in the performance of such services and functions shall be
employees of MMC, and as such shall not, for any purposes, be considered employees of CITY and therefore shall
have no right to any CITY benefits, civil service, or other CITY employment status
3 Insurance
A Public Liabthty During the term of this Agreement, MMC shall mamtam in full force and effect a policy of
pubhc habrhty Insurance nth miniimm coverages as follows $1,000,000 for m ury to one person many one
occurrence and $1,000,000 in the aggregate, and $50,000.00 forproperty damage MMC" cause the CITY,
its officials and employees to be named as insureds on all habffity pohmes described above with respect to (1)
activities performed for the CITY by or on behalf of the named insured, (2) products and completed operations
of the named msmrA and (3) premses owned, leased-or used by the named insured
B Worker's Comnensanon During the term of this Agreement, MMC shall fully comply with the terms of the
law of CITY concerning worker's compensation Said compliance shall include, but not be limited to.
maintaining in full force and effect one or more policies of insurance insuring against any habdry MMC may
have for workers compensation.
4 MMC Not Agent Except as CITY may specify in witting MMC shall have no authority, express or mpbed, to act —_
on behalf of CITY in any capacity whatsoever as an agent MMC shall have no authority, express or tmphed,
pursuant to this Agreement to bind CITY to any obligation whatsoever
Assignment Prohibited No parry to this Agreement may assign any right or obligation pursuant to this Agreement
Any atempt of purported assignment of any right or obligation pursuant to this Agreement shall be void and of no
effect
6 Nondis=ninanon MMC shall not disctmtnate, many way, against any person on the bass of race, sex, color,
religion, sexual orientation, disability, ethtucity, or national origin, in connection with or related to the performance
of this Agreement.
7 RUM, Cbam or Other Products All reports, charts and other products produced by MMC and dehveted to the
CITY are the property of the CITY
8 CITY Reoresmtative The City Manager or his/her designee is the representative of the CITY and will administer
this Agreement for the CTIY
9 Indemnity and Hold Haamless MMC shall indemnify and hold harmless the CITY, its officers, employees, and
agents, from and agamst all awons, damages, claims, or losses, which are in the nature of personal marry, physical
property damage, or mtemmmal tats, and whteh allegedly arise out of or arc caused by MMC's negligent or
intentional conduct in the prrfomance ofMMC's work under this Agreement.
10 Waiver of Breach No waiver of the breach of any of the covenants, agreements, restrictions or conditions of this
Agreement by any Pam hereto shall be consorted to be a waiver of any succeeding breach of the same or other
covenants, agreements, restrictions or conditions of this Agreement. No delay or omission of any party ban in
exercssmg any right, power or remedy herein provided in the event of default shall be construed as a waiver thereof,
or acquiescence therein, nor shall the acceptance of any payments made in a roamer or at a trine other than as herein
provided be construed as a waiver of or variation m any of the terms of this Agreement
10 2 l 5
11 interest Unless CITY requests in writing additional information regarding the billing or otherwise disagrees with
the billing CITY shall pay MMC within thirty (30) days of receipt of MMC's billing, or from the date of agreement
on the billing in the event of a written request Any payment received after such time period shall accrue monthly
interest of three - quarters percent (' /. ° /a)
12 Whole and Entire At regiment This AGREEMENT and any attachments hereto. contains the whole and entire
agreement of the parties hereto and correctly sets forth the tights, dimes and obligations of each to the others as of its
date with regard to the provision of utility users tax sert ices described herein This AGREEMENT, and any
attachments hereto, shall supersede any and all prior agreements entered into by the parties relatme to the
provision of utility users tax compliance services by MN1C, or its predecessor Mumctpai Resource Consultants
(MRC)
13 Legal Intemretanons For purposes of this Agreement the City Attorney's opinion concerning the interpretation of
local ordinances and the legal tights, duties, and obligations of the CITY regarding collection of taxes under State
and local law shall be controlling
14 CITY's Determination Final Whenever the City Council or a CITY Officer is empowered under State or local
ordinance to make a determination as to whether or not a tav assessed against a taxpayer is due, for proposes of this
Agreement that determination shall be final and binding on the patties hereto.
15 Confidennaltry MMC agrees that it shall keep all information it receives concerning CITY taxpayers confidential
and shall use it solely for tax compliance purposes Services performed by MMC prior to termination may result
in CITY's receipt of revenue after teri matron This receipt of revenue entitles MMC to payment from CITY
even after expiration of contract or termination CITY agrees to provide to MMC after expiration or
termination of this Agreement such confidential payment information as is necessary to enable MMC to
calculate the compensation due to MMC as a result of said receipt of revenue and MMC shall maintain the
confidentiality of tits information Therefore, MMC shall be deemed a contractor under Revenue and Taxation
Code Section 7284 6 - 7 after expiration of contract or receipt of notice of termination from the CITY for the
sole and limited purpose of enabling MMC to have access to said information to calculate compensation
16 Notices Any notice to be given from one party to the other putwant to this Agreement shall he deposited with the
United States Postal Service postage prepaid and addressed as follows
To CITY FINANCE DIRECTOR
CITY OF EL SEGUNDO
350 Main Street
El Segundo, CA 90245
To MMC Grant Brunhall
MBIA MuniSemces Company
32107 IN' Lmdero Canyon Road
Suite 233
Westlake Village, CA 91361
Nothing in this Paragraph shall be consumed to prevent the giving of notice by personal service
11
216
EL SEGUNDO CITY COUNCIL MEETING DATE: September 5, 2000
AGENDA ITEM STATEMENT AGENDA HEADING: COUNCIL MEMBER REPORTS
AGENDA DESCRIPTION:
Report on the status of the California electrical power system
RECOMMENDED COUNCIL ACTION.
Discussion and /or possible direction to staff
BACKGROUND & DISCUSSION*
ATTACHED SUPPORTING DOCUMENTS•
FISCAL IMPACT: NIA
Operating Budget:
Amount Requested.
Account Number:
Project Phase:
Appropriation Required Yes_ No _
ORIGINATED: DATE: August 30, 2000
John Gaines, Council Member
REVIEWED BY: DATE:
Manager k/00
21
7.1 7
,:'
CITY OF EL SEGUNDO
COMMERCIAL AND INDUSTRIAL UTILITY USERS TAX
ADMINISTRATIVE REGULATIONS
AND
ADMINISTRATIVE RULES
ARTICLE I. ADMINISTRATIVE REGULATIONS
Pursuant to Section 3 24 100 of the City of El Segundo ( "City ") Commercial and
Industrial Utility Users Tax ( "UUT ") Ordinance, the Tax Administrator has the power
and duty to (i) enforce each and all of the provisions of the UUT Ordinance, and (u)
adopt rules and regulations not inconsistent with the provisions of the UUT Ordinance for
the purpose of carrying out and enforcing the payment, collection and remittance of the
taxes imposed therein In accordance therewith, the Tax Administrator has promulgated
the administrative regulations set forth herembelow These administrative regulations are
clarifications of the City's existing UUT Ordinance, and do not impose a new tax, revise
an existing tax methodology, or increase an existing tax
Definitions
Except where the context otherwise requires, the definitions set forth herein shall
govern the application and interpretation of these administrative regulations
A Billmg_Address `Billing Address" shall mean the marling address of the
service user where the service supplier submits invoices or bills for payment by the
customer
B City "City" shall mean the City of El Segundo
C Charges As used in Section 3 24 030(a), 3 24 040(a), 3 24 050(a), and
3 24 055(a) of the UUT Ordinance, the term "charges" shall also include the value of any
other services, credits, property of every kind or nature, or other consideration provided
by the service user in exchange for the electricity, gas, water or telecommunications
services
D Non - Utility Service Supplier "Non- Utility Service Supplier" shall mean
(1) A service supplier, other than a supplier of electric distribution
services to all or a significant portion of the City, which generates electricity for sale to
others, and shall include but is not limited to any publicly -owned electric utility, investor -
owned utility, cogenerator, distributed generation provider, exempt wholesale generator,
municipal utility district, federal power marketing agency, electric rural cooperative, or
other supplier or seller of electricity,
(2) An electric service provider ( "ESP "), electricity broker, other than
a supplier of gas distribution services to all or a significant portion of the City, which
sells or supplies electricity or supplemental services to electricity users within the City,
and
(3) A gas service supplier, aggregator, marketer or broker, other than a
supplier of gas distribution services to all or a significant portion of the City, which sells
or supplies gas or supplemental services to gas users within the City
E Service Address "Service Address" shall mean the street address of the
service user's primary place of usage
F Service Supplier In addition to the definition stated in Section
3 24 010(d) of the UUT Ordinance, the term "service supplier" shall include any entity or
person required to collect, or self - collect under Section V of these Administrative
Regulations, and remit a tax, including its billing agent in the case of electric, gas, or
water service suppliers
G Telephone Communication Services As used in Section 3 24 055 of the
UUT Ordinance, the term "Telephone Communication Services" shall mean
"communications services" as defined in Sections 4251 and 4252 of the Internal Revenue
Code, and the regulations thereunder, and shall include any telephonic quality
communication for the purpose of transmitting messages or information (including but
not limited to voice, telegraph, teletypewriter, data, facsimile, video, or text) by
electronic, radio or similar means through "interconnected service" with the "public
switched network" [as these terms are commonly used in the Federal Communications
Act and the regulations of the Federal Communications Commission — see 47 U S C A
Section 332(d)], whether such transmission occurs by wire, cable, fiber- optic, light wave,
laser, microwave, radio wave [including, but not limited to, cellular service, commercial
mobile service, personal communications service (PCS), specialized mobile radio (SMR),
and other types of mobile telecommunications regardless of radio spectrum used],
switching facilities, satellite or any other similar facilities The term "telephone
communication services" shall not include "private mobile radio service" [as defined in
Part 20 of Title 47 of the Code of Federal Regulations] or "private mobile service" [as
defined in 47 U S C A Section 332(d)] which is not interconnected to the public
switched network The tax imposed under section 3 24 055(a) of the UUT Ordinance
shall not be imposed upon any person for using telephone communication services to the
extent that, pursuant to Sections 4252 and 4253 of the Internal Revenue Code, the
amounts paid for such communication services are not subject to or are exempt from the
tax imposed under Section 4251 of the Intemal Revenue Code In the event that the
federal excise tax on `communication services" as provided in Sections 4251, 4252 and
4253 of the Internal Revenue Code is subsequently repealed, any reference in the UUT
Ordinance or in these administrative regulations to such law, including any related
federal regulations, private letter rulings, case law, and other opinions interpreting these
sections, shall refer to that body of law that existed immediately prior to the date of
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repeal, as well as to any judicial or administrative decision interpreting such federal
excise tax law which is published or rendered after the date of repeal
II Exemptions
A Nothing in Chapter 3 24 of the Code shall be construed as imposing a tax
upon the City or any of its departments, agencies, boards or commissions or upon the El
Segundo Unified School District, Centmela Valley Union High School District or the
Wiseburn School District, or upon any other person or service when imposition of such
tax upon that person or service would be in violation of the Constitution of the United
States or the Constitution of the State of California
B. Any service user that is exempt from the tax imposed by Chapter 3 24 of
the Code shall file an application with the Tax Administrator for an exemption, provided,
however, this requirement shall not apply to a service user that is a state or federal agency
or subdivision with a commonly recognized name, or is a service user of telephone
communication services that has received a federal excise tax exemption certificate for
such service Said application shall be made upon a form approved by the Tax
Administrator and shall state those facts, declared under penalty of perjury, which qualify
the applicant for an exemption, and shall include the names of all utility service suppliers
serving the service user If deemed exempt by the Tax Administrator, such service user
shall give the Tax Administrator timely notice of any change in utility service suppliers
so that the Tax Administrator can properly notify the new utility service supplier of the
service user's tax exempt status A service user that fails to comply with this Rule shall
not be entitled to a refund of utility users' taxes collected and remitted to the Tax
Administrator from such service user as a result of such non - compliance Upon request
of the Tax Administrator, a service supplier or non - utility service supplier, or its billing
agent, shall provide a list of the names and addresses of those customers which,
according to its billing records, are deemed exempt from the utility users' tax With
respect to a service user of telephone communication services, a service supplier of such
telephone communication services doing business in the City shall, upon request of the
Tax Administrator, provide a copy of the federal exemption certificate for each exempt
customer within the City that is served by such services supplier Notwithstanding
anything to the contrary set forth herein, a residential service user that is not subject to
the tax imposed by Chapter 3 24 of the Code shall not be required to file an application
with the Tax Administrator for an exemption pursuant to this section
III Electricity Users Tax
A The tax imposed by Section 3 24 030 of the UUT Ordinance applies to the
charges made for electricity, and for any supplemental services or other associated
activities directly related to and/or necessary for the provision of electricity to the service
user, which are provided by a service supplier or non - utility service supplier to a service
user The tax shall be collected from the service user by the service supplier or non-
utility service supplier, or its billing agent
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B The Tax Administrator, from time to time, may survey the electric
suppliers to identify the various unbundled billing components of electric retail service
that they commonly provide to residential and commercial/industrial customers in the
City, and the charges therefor, including those items that are mandated by state or federal
regulatory agencies as a condition of providing such electric service The Tax
Administrator, thereafter, may issue and disseminate to such electric service suppliers an
administrative ruling identifying those components and items which are 1) necessary or
common to the receipt, use or enjoyment of electric service, or, u) currently, or
historically have been, included in a single or bundled rate for electric service by a local
distribution company to a class of retail customers Unbundled charges for such
components and items shall be subject to the tax imposed by Section 3 24 030 of the
UUT Ordinance
C If a non - taxable service and a taxable service are billed together under a
single charge, the entire charge shall be deemed taxable unless the service supplier can
reasonably identify charges not subject to the utility users tax based upon its books and
records that are kept in the regular course of business, which shall be consistent with
generally accepted accounting principles
D The tax on electricity provided by a non - utility service supplier not under
the jurisdiction of Chapter 3 24 of the El Segundo Municipal Code shall be collected and
remitted in the manner set forth in Section V of these UUT Administrative Regulations
All other taxes on charges for electricity imposed by Section 3 24 030 of the UUT
Ordinance shall be collected from the service user by the electric service supplier or its
billing agent The amount of tax collected in one (1) month shall be remitted to the Tax
Administrator, and must be received by the Tax Administrator on or before the last day of
the following month, or, at the option of the person required to collect and/or remit the
tax, such person shall remit an estimated amount of tax measured by the tax billed in the
previous month or upon the payment patters of the service user, which must be received
by the Tax Administrator on or before the twentieth (20th) day of the following month,
provided that the service user shall submit an adjusted payment or request for credit, as
appropriate, within sixty (60) days following each calendar quarter The credit, if
approved by the Tax Administrator, may be applied against any subsequent tax bill that
becomes due
IV Gas Users Tax
A The tax imposed by Section 3.24 040 of the UUT Ordinance applies to the
charges made for gas, including all services related to the storage, transportation and
delivery of such gas The tax shall be collected from the service user by the service
supplier or non - utility service supplier, or its billing agent
B The Tax Administrator, from time to time, may survey the gas service
suppliers to identify the various unbundled billing components of gas retail service that
they commonly provide to residential and commercial/industrial customers in the City,
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and the charges therefor, including those items that are mandated by state or federal
regulatory agencies as a condition of providing such gas service The Tax Administrator,
thereafter, may issue and disseminate to such gas service suppliers an administrative
ruling identifying those components and items which are 1) necessary or common to the
receipt, use or enjoyment of gas service, or, u) currently, or historically have been,
included in a single or bundled rate for gas service by a local distribution company to a
class of retail customers Unbundled charges for such components and items shall be
subject to the tax imposed by Section 3 24 040 of the UUT Ordinance
C If a non - taxable service and a taxable service are billed together under a
single charge, the entire charge shall be deemed taxable unless the service supplier can
reasonably identify charges not subject to the utility users tax based upon its books and
records that are kept in the regular course of business, which shall be consistent with
generally accepted accounting principles
D The tax that is calculated on charges for gas provided by self - production
or by a non - utility service supplier not under the jurisdiction of Chapter 3 24 of the El
Segundo Municipal Code shall be collected and remitted in the manner set forth in
Section V of these UUT Administrative Regulations All other taxes on charges for gas
imposed by Section 3 24 040 shall be collected from the service user by the gas service
supplier or its billing agent The amount of tax collected in one (1) month shall be
remitted to the Tax Administrator, and must be received by the Tax Administrator, on or
before the last day of the following month, or, at the option of the person required to
collect and/or remit the tax, such person shall remit an estimated amount of tax measured
by the tax billed in the previous month or upon the payment pattern of the service user,
which must be received by the Tax Administrator on or before the twentieth (20th) day of
the following month, provided that the service user shall submit an adjusted payment or
request for credit, as appropriate, within sixty (60) days following each calendar quarter
The credit, if approved by the Tax Administrator, may be applied against any subsequent
tax bill that becomes due
V Collection of Tax From Service Users Receiving Direct Purchase of Gas or
Electncitv
A Any service user subject to the tax imposed by Section 3 24 030 or Section
3 24 040 of the UUT Ordinance, which produces gas or electricity for self -use, which
receives gas or electricity, including any related supplemental services, directly from a
non - utility service supplier not under the jurisdiction of Chapter 3 24 of the El Segundo
Municipal Code, or which, for any other reason, is not having the full tax collected and
remitted by its service supplier, a non - utility service supplier, or its billing agent on the
use of gas or electricity, including any related supplemental services, in the City, shall
report said fact to the Tax Administrator and shall remit the tax due directly to the Tax
Administrator within thirty (30) days of such use In lieu of paying said actual tax, the
service user may, at its option, remit to the Tax Administrator within thnty (30) days of
such use an estimated amount of tax measured by the tax billed in the previous month, or
upon the payment pattern of similar customers of the service supplier using similar
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amounts of gas or electricity, provided that the service user shall submit an adjusted
payment or request for credit, as appropriate, within sixty (60) days following each
calendar quarter The credit, if approved by the Tax Administrator, may be applied
against any subsequent tax bill that becomes due
B The Tax Administrator may require said service user to identify its non-
utility service supplier and provide, subject to audit, invoices, books of account, or other
satisfactory evidence documenting the quantity of gas or electricity used, including any
related supplemental services, and the cost or price thereof If the service user is unable
to provide such satisfactory evidence, or, if the administrative cost of calculating the tax
in the opinion of the Tax Administrator is excessive, the Tax Administrator may
determine the tax by applying the tax rate to the equivalent charges the service user
would have incurred if the gas or electricity used, including any related supplemental
services, had been provided by the service supplier that is the primary supplier of gas or
electricity with the City Rate schedules for this purpose shall be available from the City
VI Telephone Users Tax
A To the extent allowed by law, the tax on telephone communication
services shall apply to a service user if the billing or service address of the service user is
within the City's boundaries If the billing address of the service user is different from
the service address, the service address of the service user shall be used
B The Tax Administrator, from time to time, may issue and disseminate to
telecommunications service suppliers, which are subject to the tax collection
requirements of the UUT Ordinance, an administrative ruling identifying those
telecommunication services that are subject to the tax imposed in Section 3 24 055(a) of
the UUT Ordinance This administrative ruling shall be consistent with legal nexus and
the federal excise tax rules, regulations, and laws pertaining to "communication services"
and shall not impose a new tax, revise an existing methodology, or increase an existing
tax
C If a non - taxable service and a taxable service are billed together under a
single charge, the entire charge shall be deemed taxable unless the service supplier can
reasonably identify charges not subject to the UUT based upon its books and records that
are kept in the regular course of business, which shall be consistent with generally
accepted accounting principles
D To prevent actual multi- junsdichonal taxation of telephone
communication services subject to tax under this Section, any service user, upon proof to
the Tax Administrator that the service user has previously paid the same tax in another
state or city on such telephone communication services, shall be allowed a credit against
the tax imposed to the extent of the amount of such tax legally imposed in such other
state or city, provided, however, the amount of credit shall not exceed the tax owed to the
City under this Section For purposes of establishing sufficient legal nexus for the
imposition and collection of the UUT on charges for telephone communications services
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pursuant to Chapter 3 24 of the El Segundo Municipal Code, "mimmum contacts" shall
be construed broadly in favor of imposition and collection of the UUT to the fullest
extent permitted by California and federal law, and as it may change from time to time
VII Film,g Requirements
Each person required to remit a tax shall file a return with the Tax Administrator
on forms approved by the Tax Administrator on or before the due date The full amount
of the tax owed shall be included with the return and filed with the Tax Administrator
The Tax Admimstrator is authorized to require such additional information as he or she
deems necessary to determine if the tax is being levied, collected and remitted properly
Returns are due immediately upon cessation of business for any reason Pursuant to
California Revenue and Taxation Code Section 7284 6, the Tax Administrator, and its
agents, shall maintain such filing returns as confidential information, and not subject to
the Public Records Act A direct deposit, including electronic fund transfers and other
similar methods of electronically exchanging monies between financial accounts, made
by a services supplier in satisfaction of its oblicahons under this subsection shall be
considered timely if the transfer is initiated on or before the due date, and the transfer
settles into the City's account on the following business day
VIII Service User Assessments
A Pursuant to Section 3 24 110(b) of the UUT Ordinance, the Tax
Administrator may relieve a service supplier of the obligation to collect the taxes due
from certain named service users for specific billing periods whenever the Tax
Administrator determines that a service user has deliberately withheld the amount of the
tax owed by him from the amounts remitted to the service supplier required to collect the
tax, or that a service user has refused to pay the amount of tax to such service supplier, or
whenever the Tax Administrator deems it in the best interest of the City In such event,
the service supplier shall provide the Tax Administrator with the names and addresses of
such service users and the amounts of the tax owed
IX Service User Assessments
The Tax Administrator may make an assessment for taxes not paid or remitted by
a service user required to pay or remit, pursuant to Section 3 24 110 of the UUT
Ordinance A public hearing on the assessment shall be held The City Clerk shall mail a
copy of a notice of the assessment and hearing to the service supplier and to the service
user at least ten (10) days prior to the date of the hearing and shall post such notice for at
least five (5) continuous days prior to the date of the hearing Any interested parry
having any objections may appear and be heard at the hearing provided his objection is
filed in writing with the City Clerk prior to the time of the hearing At the time fixed for
considering such assessment, the Tax Administrator shall hear the same, together with
any objections filed as provided in this Section, and thereupon may confirm or modify
such assessment by motion
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X Records
A It shall be the duty of every person required to collect and/or remit to the
City any tax imposed by Chapter 3 24 of the El Segundo Municipal Code to keep and
preserve, for a period of at least three (3) years, all records as may be necessary to
determine the amount of such tax as he or she may have been liable for the collection of
and/or remittance to the Tax Administrator, which records the Tax Administrator, or the
Tax Administrator's designated representative, shall have the right to inspect at a
reasonable time
B The City may issue an administrative subpoena to compel a person to
deliver, to the Tax Administrator, copies of all records deemed necessary by the Tax
Administrator to establish compliance with the UUT Ordinance and these regulations,
including the delivery of records in a common electronic fonnat on readily available
media if such records are kept electronically by the person in the usual and ordinary
course of business As an alternative to delivering the subpoenaed records to the Tax
Administrator on or before the due date provided in the administrative subpoena, such
person may provide access to such records outside the City on or before the due date,
provided that such person shall reimburse the City for all reasonable travel expenses
incurred by the City to inspect those records, including travel, lodging, meals, and other
similar expenses, but excluding the normal salary or hourly wages of those persons
designated by the City to conduct the inspection
C The Tax Administrator, or the Tax Administrator's designated
representative, is authorized to execute a non - disclosure agreement approved by the City
Attorney to protect the confidentiality of customer information pursuant to California
Revenue and Taxation Code Sections 7284 6 and 7284 7 The Tax Administrator, or the
Tax Administrator's designated representative, may request from a person providing
transportation or distribution services of gas or electricity to service users within the City,
a list of the names, billing and service addresses, quantities of gas or electricity delivered,
and other pertinent information, of its transportation customers within the City pursuant
to Section 6354(e) of the California Public Utilities Code
D If a service supplier uses a billing agent or billing aggregator to bill,
collect, and/or remit the tax, the service supplier shall (1) provide to the Tax
Administrator the name, address and telephone number of each billing agent and billing
aggregator currently authorized by the service supplier to b 111, collect, and/or remit the
tax to the City, and, (u) upon request of the Tax Administrator, deliver, or effect the
delivery of, any information or records in the possession of such billing agent or billing
aggregator that, in the opinion of the Tax Administrator, is necessary to verify the proper
application, calculation, collection and/or remittance of such tax to the City
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XI Refunds
A service supplier shall be entitled to take any overpayment as a credit against an
underpayment whenever such overpayment has been received by the City within the three
(3) years next preceding a notice of tax deficiency or assessment by the Tax
Administrator, or during any year for which the services supplier, at the request of the
Tax Administrator, has executed a waiver of the defense of the statute of limitations with
regard to any claim the City may have for a utility users tax Under no circumstances
shall an overpayment taken as a credit against an underpayment qualify a service supplier
for a refund to which it would otherwise not be entitled under the one -year written claim
requirement of Section 3 24 120 of the UUT Ordinance
ARTICLE II. ADMINISTRATIVE RULES
Obligations of City
A The City will assume the following responsibilities
(1) For existing taxes, and prior to the implementation of a new UUT
administrative rule, City will assure the accuracy of its boundary information (including
the reflection of the latest annexation and municipal reorganizations) needed for utility
billing and tax collection purposes, by offering to review and correct the service
provider's computerized billing data no less than once a year City will also make
available, upon request by a service provider, its current boundary information The
service provider shall not be responsible or liable for the collection or payment of any
past UUT taxes that were not collected due to the inaccuracy of information provided by
the City or due to the City's failure to make appropriate corrections to the service
provider's billing data to the extent that the City reviews such data at the request of the
service provider
(2) Provide service providers with accurate and timely ordinance
information, including ordinance amendments, at a central location (currently the MBIA
MumServrces Company (MMC) websrte- httn / /www mumsolutions com City will
provide written notice of changes to its UUT Administrative Rules to persons designated
by the service provider In the absence of special circumstances, the service provider
shall begin implementation of the UUT Administrative Rule change within sixty (60)
days from the date on which the service provider receives the written notification from
the City If the 601h day is not the first day of the month, then the service provider shall
implement the changes no later than the first billing cycle of the month following the
month in which the 60ih day occurs To "begin implementation" means to calculate and
place the UUT tax in the customer billing
(3) As provided in Public Utilities Code Section 799, City shall
assume sole responsibility for defending any legal challenge regarding the validity of the
UUT Ordinance and the UUT Administrative Rules, any part thereof, or any collection
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thereunder, and shall defend and hold harmless any tax collecting agent named in such
action for properly performing its legal obligations set out in the UUT Ordinance and the
UUT Administrative Rules
(4) Reimburse service providers for the reasonable costs associated
with an extraordinary audit request (including but not limited to significant modifications
to existing billing software in order to respond to an audit request)
(5) Take reasonable steps to assure that all service providers, including
new market entrants, are correctly applying and collecting the UUT tax
(6) To the extent feasible, permit service providers to follow the same
payment and remittance protocol for UUT collections that is generally employed by other
California public agencies, provided that such protocol is agreed to and reflected in these
administrative rules by the Tax Administrator
(7) UUT taxes may be remitted by electronic funds transfer (EFT) in
lieu of U S Mail, provided that such protocol is agreed to by the Tax Administrator
(8) Following the effective date of these administrative rules, the Tax
Administrator shall notify the service providers within the City that they may request that
the Tax Administrator and City Attorney render a determination of the application of the
UUT tax to their various existing services If such request is made within ninety (90)
days of the notice, then any determination by the Tax Administrator and the City
Attorney shall apply prospectively The Tax Administrator shall give the service
provider at least a sixty (60) day written notice following the determmation of tax
application before implementation of such changes shall be required If the 601h day is
not the first day of a month, then the service provider shall implement the changes on the
first day of the month following the month in which the 601h day occurs To begin
"implementation" means to calculate and place the UUT tax in the customer billing The
Tax Administrator and City Attorney shall not be required to render a determination with
prospective effect under this subsection where a service provider fails to apply the UUT
tax at all, or fails to apply the tax to a service which is predominantly viewed by the
service provider's industry as being subject to the UUT tax or, in the case of
telecommunication services, has been directly determined by the IRS within the past six
months or more, to be subject to the federal excise tax
(9) Where new utility technologies are employed or new utility
services are being offered, a service provider may request that the Tax Administrator and
City Attorney render a determination of applicability within ninety (90) days of providing
such services or technologies Upon rendering a determination of applicability, the Tax
Administrator shall seek prospective application of the UUT tax ordinance to such
technologies or services The Tax Administrator shall give the service provider at least a
sixty (60) day written notice before implementation of such changes shall be required If
the 60`h day is not the first day of the month, then the service provider shall implement
the changes on the first day of the month following the month in which the 60` day
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occurs To "begin implementation" means to calculate and place the UUT tax in the
customer billing
(10) Regarding Paragraphs 8 and 9 above, the Tax Administrator and
City Attorney may participate in an advisory committee, comprised of representatives of
public agencies with WT ordinances, to develop and recommend to such public
agencies (after meeting and conferring with service provider representatives) uniform
applications of the UUT tax to various utility services and technologies; uniform
implementation protocols, and appropriate amendments to UUT ordinances to reflect
industry, regulatory, and technological changes
(11) Tax Administrator and City Attorney shall take reasonable steps to
notify all service providers providing similar services of any determination made under
paragraph 8 or 9
II City Contractors
The Tax Administrator has the right and obligation to assure fair and reasonable
compliance with the UUT ordinance Due to the complexity of utility services,
technologies, and tax administration, the Tax Administrator may require special outside
expertise ( "Contractor ") to assist in performing compliance review of the UUT
ordinance Service providers have a legitimate interest in assuring that such Contractors
maintain the confidentiality of utility customer information and conduct their compliance
reviews in a professional and efficient manner The Tax Administrator's use of a
Contractor shall therefore be subject to the following rules:
A The Contractor will provide, at the beginning of each and every audit
engagement, a letter or resolution from the City to the service supplier that identifies the
Contractor as an authorized agent of the City
B The Contractor will execute a non - disclosure agreement (approved by the
City Attorney) in which the Contractor agrees to maintain the confidentiality of customer
information and not to use individual customer information for any purpose other than
the UUT compliance review of this City
C The Contractor shall fully disclose to the City any potential conflict of
interest (e g , prior or proposed representation of private utility customers within the
City)
D The Contractor shall not make any data requests of a service provider
unless the Contractor first receives the review and written approval of the Tax
Administrator of said request prior to the request being made to the service provider
E The Contractor will be authorized to perform a compliance review
(including sampling audits and computerized reviews) which, in its professional opinion,
is reasonably necessary to perform its contractual obligation to the City If a service
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provider refuses to cooperate in connection with such compliance review, the Contractor
shall immediately advise the Tax Administrator so that the Tax Administrator may take
appropriate remedial steps
F The Contractor will use its best efforts to accurately identify all errors,
whether such corrections are in favor of the customer, the City, another public agency, or
the service provider
G The Tax Administrator shall mail to the service provider a copy of the
draft compliance report prepared by the Contractor regarding such service provider The
service provider shall have thirty (30) days from the date of mailing to respond in writing
to any aspect of the draft report before such report becomes final The final report will
identify and address all substantive written comments on the draft report submitted by the
service provider
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