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2000 SEP 19 CC PACKET8 ti x �4 s�ctS� A 1 I EL SEGUNDO CITY COUNCIL COUNCIL CHAMBERS - 350 Main Street The City Council, with certain statutory exceptions, can only take action upon properly posted and listed agenda Items Unless otherwise noted in the Agenda, the Public can only comment on City- related business that is within the jurisdiction of the City Council and/or Items listed on the Agenda during the Public Communications portion of the Meeting Additionally, the Public can comment on any Public Hearing item on the Agenda during the Public Hearing portion of such item The time limit for comments is five (5) minutes per person Before speaking to the City Council, please come to the podium and state Your name and residence and the organization you represent, if desired Please respect the time limits Members of the Public may place items on the Agenda by submitting a Written Request to the City Clerk or City Manager's Office at least six days prior to the City Council Meeting (by 2 00 p in the prior Tuesday) The request must include a brief general description of the business to be transacted or discussed at the meeting Playing of video tapes or use of visual aids may be permitted during meetings if they are submitted to the City Clerk two (2) working days prior to the meeting and they do not exceed five (5) minutes in length In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact City Clerk, 607 -2208 Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, SEPTEMBER 19, 2000 - 5:00 P.M. Next Resolution # 4182 Next Ordinance # 1326 5:00 PM Session CALL TO ORDER ROLL CALL CLOSED SESSION: The City Council may move into a closed session pursuant to applicable law, including the Brown Act (Government Code §54950, et sM ) 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 WITH LEGAL COUNSEL - EXISTING LITIGATION (Gov't Code §54956 9(a)) Ott I City of El Segundo v Bd of Airport Commissioners, et al, LASC Case No BC 220609 2 Hill v El Segundo, USDC No. CV 98- 1463- LGB(SHX) 3 Valone Williams v Brian D Evanski, et al, LASC Case No 99CO2571 4 Venegas v El Segundo, LASC Case No BC207136 5 Phillips Petroleum, et al v County of Los Angeles, et al, USDC No 1938 -MRP (MANx) 6 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), Imtation of litigation pursuant to Gov't Code §54956 9(c) -2- matters DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957) — None CONFERENCE WITH CITY'S LABOR NEGOTIATOR - (Gov't Code §54957 6) — None CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956 8) — None 0 Ca 0 �4 AGEND] EL SEGUNDO CITY COUNCIL COUNCIL CHAMBERS - 350 Main Street The City Council, with certain statutory exceptions, can only take action upon properly posted and listed agenda Items Unless otherwise noted in the Agenda, the Public can only comment on City- related business that is within the jurisdiction of the City Council and/or Items listed on the Agenda during the Public Communications portion of the Meeting Additionally, the Public can comment on any Public Hearing Item on the Agenda during the Public Hearing portion of such Item The time limit for comments is five (5) minutes per person Before speaking to the City Council, please come to the podium and state Your name and residence and the organization you represent if desired Please respect the time limits Members of the Public may place Items on the Agenda by submitting a Written Request to the City Clerk or City Manager's Office at least six days prior to the City Council Meeting (by 2 00 p in the prior Tuesday) The request must include a brief general description of the business to be transacted or discussed at the meeting Playing of video tapes or use of visual aids may be pernutted during meetings if they are submitted to the City Clerk two (2) working days prior to the meeting and they do not exceed five (5) minutes in length In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact City Clerk, 607 -2208 Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, SEPTEMBER 19, 2000 - 7:00 P.M. Next Resolution # 4182 Next Ordinance # 1326 7.00 PM Session CALL TO ORDER INVOCATION — Rev Timothy Schepman, Saint John's Lutheran Church PLEDGE OF ALLEGIANCE — Council Member John Gaines PRESENTATIONS (a) Presentation to State Senator Debra Bowen, 28th State Senate District (b) Proclamation declaring September 17 - 23, 2000 as Constitution Week in El Segundo (c) Proclamation declaring Saturday, September 23, 2000 as the 2000 South Bay American Heart Walk in El Segundo of n ROLL CALL PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit per person, 30 minute limit total) Individuals who have received value of $50 or more to communicate to the City Council on behalf ofanother, and employees speaking on behalfofthetr 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 item not on the agenda The Council will respond to comments after Public Communications is closed (d) Request by the El Segundo Chamber of Commerce for City support and approval to close certain streets during the 24' Annual Richmond Street Fair, Saturday, October 14, 2000 between 10 00 a in and 5 00 p in (See Consent Item #24 ) A. PROCEDURAL MOTIONS Consideration of a motion to read all ordinances and resolutions on this Agenda by title only Recommendation - Approval. B. SPECIAL ORDERS OF BUSINESS - Continued Public Hearing on FY 2000 -2001 Operating Budget and Five Year Capital Improvement Plan and adoption of Resolutions approving Appropriations Limit, Preliminary Budget as amended. and Capital Improvement Plan as amended Recommendation — a) To open the continued Public Hearing to receive public input on the Operating and Capital Improvement Budgets and then close the hearing. b) To review the schedules detailing the proposed changes to date to the FY 2000- 2001 Operating Budget and the Five -Year Capital Improvement Budget. c) To adopt the Resolution approving and adopting the FY 2000 -2001 Operating Budget and the Five -Year Capital Improvement Budget. d) To adopt the Resolution approving and adopting the Appropriations Limit for FY 2000 -2001, as presented. C. UNFINISHED BUSINESS — 2 Street Tree Master Plan Implementation Recommendation - Approval and direction to staff. D. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS - None n E. CONSENT AGENDA All items listed are to be adopted by one motion without discussion and passed unanimously If a call for discussion of an item is made, the item(s) will be considered individually under the next heading of business Warrant Numbers 2512431- 2512680 on Register No 23 in total amount of $869,731 10, and Wire Transfers in the amount of $302,636 08 Recommendation - Approve Warrant Demand Register and Authorize staff to release. Ratify: Payroll and Employee Benefit checks; checks released early due to contracts or agreements; emergency disbursements and /or adjustments; and wire transfers from 08/26/00 to 09/08/00. 4 City Council meeting minutes of September 5, 2000 Recommendation - Approval. Funding Agreement between the City of El Segundo and the El Segundo Unified School District for the period October 1, 2000 to September 30, 2001 (Fiscal Impact $250,000) Recommendation — Approve Addendum No. 1 to the Funding Agreement between the City of El Segundo and the El Segundo Unified School District. Proposed Agreement for City Attorney Services between Burke, Williams and Sorensen (BWS) and the City of El Segundo Recommendation — Approve Agreement for City Attorney Services between BWS and the City of El Segundo. Third amendment to existing Contract No 2640 extending the professional services contract with Cassidy & Associates for a period of twelve (12) months at a cost of $15,000 per month (fiscal impact = $180,0001 Recommendation — Approve extension and authorize Mayor to execute amendment following review by City Attorney as to form and content. Authorize staff to continue to purchase medical supplies from single source vendor, PMX Medical Fiscal Impact Not to exceed $25,000 annually Recommendation — Authorize staff to piggyback on the Fremont Pricing Contract Bid #97 -085 through September 30, 2001. Amendment to Contract Fees with MRH Structural Engineers for providing plan review services total cost not to exceed $135,000 for fiscal year 2000 -2001 Recommendation — Approve Amendment to Contract Fees. The services performed by MRH are acceptable and recommend continuing the use of their services for one year. 10 Approval of Service Agreement with the City of Redondo Beach/South Bay Youth Project, to provide counseling services to El Segundo youth and families between September 7, 2000 and June 30, 2001 at a cost of $27,498 Recommendation — Approve Service Agreement and authorize the Mayor to sign service agreement with the City of Redondo Beach /South Bay Youth Project. 0(' 4 11 Approval of a three (3) year extension of the Memorandum of Understanding (MOU) between the City of El Segundo and the El Segundo Supervisory and Professional Employees' Association Recommendation — a) Approval of Tentative Agreement. b) Adopt Resolution approving extension to the Memorandum of Understanding. 12 Approval of a three (3) year extension of the Memorandum of Understanding (MOU) between the City of El Segundo and the El Segundo City Employees' Association Recommendation — a) Approval of Tentative Agreement. b) Adopt Resolution approving extension to the Memorandum of Understanding. 13 Second Reading of an Ordinance amending Chapter 3 24 130 of the El Segundo Municipal Code relating to Utility User's Tax (TUT) Recommendation — a) Second reading of Ordinance Amending Chapter 3.24.130 of the Municipal Code by title only b) Adopt Ordinance to become effective October 19, 2000. 14 A scheduled second reading of an Ordinance of the City of El Segundo 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 Recommendation — a) Second reading of Ordinance by title only; b) Adopt Ordinance to become effective October 19, 2000. 15 Second reading and adoption of an Ordinance approving a Precise Plan Amendment to expand an existing surface parking lot and modify the landscaping at 800 Apollo Street, to provide off -site parking for the Spectrum Club expansion (Precise Plan Amendment PP No 00 -01) Propertv owner Continental Development Comorahon Recommendation a) Second reading and adoption of Ordinance for the Precise Plan; and /or, b) Other possible action /direction 005 16 Adoption of an Ordinance amending the El Segundo Municipal Code, Sections 3 06 010 et seq , entitled Business Attraction Program The amendment adds the requirement that City Council approve, as part of the Council's Consent Calendar Agenda, any staff recommendation for assistance to business, as part of the Business Attraction Program, which Recommendation — a) Second Reading and Adoption of Ordinance, by title only; and /or b) Other possible action /direction. 17 Proposal by Advanced Risk Management Techniques, Inc. ( Armtech) to perform risk management organizational study Recommendation — Approve agreement with Armtech to perform a Risk Management Organizational Study. 18 Approval of Examination Plan for the Personnel Merit System job classification of Police Recommendation — Approve the examination plan. 19 Approval of contract with Specialty Door Company, of 820 Ahwahnee Drive, Millbrae, California, a supplier of doors, for $135,888 00, in support of Phase 6 & & of the City's Residential Sound Insulation (RSI) Program Recommendation — Approve Standard Public Works Contract and authorize the Mayor to execute upon approval of City Attorney. 20 Cooperative Agreement between the State of California (Caltrans) and the City of El Segundo for construction of traffic signal and roadway improvements at the Sepulveda Boulevard (State Highway Route 1) intersections with El Segundo Boulevard, Grand Avenue and Mariposa Avenue (estimated City's share of protect = $387.500 00) Recommendation — a) Approve agreement and authorize the Mayor to execute the agreement on behalf of the City. b) Allocate $387,500.00 from the Traffic Mitigation Fee account. C) Void contract number 2777 (April 18, 2000 agreement approved by City Council, but not finalized by Caltrans). 21 Relocation of the City Golf Course fence in conjunction with the Sepulveda Boulevard Widenme. Protect (Estimated cost $15.170 00) Recommendation — Authorize staff to issue a purchase order to Alcorn Fence Company in the amount of $15,170.00 for relocation of the Golf Course fence. r, Cf 22 Acceptance of the construction of the Public Safety Communications Center (final contract amount = $1,914,866) Recommendation — a) Accept the work as complete. b) Authorize the City Clerk to file the City Engineer's Notice of Completion in the County Recorder's Office. 23 Termination of agreement with Arter & Hadden for legislative advocacy services related to Recommendation — Authorize staff to inform Arter & Hadden in writing of the City's intent to terminate its agreement for specific legislative advocacy services in Sacramento. 24 Request for City support and approval to close certain streets during the 24' Annual Richmond Street Fair, Saturday, October 14, 2000 Recommendation — Approve request. 25 A resolution of the City Council of the City of El Segundo, California, to declare its acceptance of the requirements of sections 13510(c) and 13512 of the California Penal Code relative to the recruitment and training standards of public safety dispatchers Recommendation — Adopt Resolution. CALL ITEMS FROM CONSENT AGENDA F. NEW BUSINESS - 26 Consideration of options for City -owned property located at 645 California Street known as Angeles Girl Scout Camp Eucalvums (There is no fiscal impact) Recommendation — City Council approves the following items: a) Notify the Angeles Girl Scout Council to submit a reconstruction /repair/ maintenance plan for the campsite property within 60 days to the City for review. b) Establish a Camp Eucalyptus Task Force to review the submitted plan and to make recommendations to the Council for further action. G. REPORTS - CITY MANAGER - NONE H. REPORTS — CITY ATTORNEY - NONE I. REPORTS - CITY CLERK - NONE J. REPORTS - CITY TREASURER - NONE K. REPORTS - CITY COUNCIL MEMBERS Council Member McDowell - NONE 0C Council Member Gaines - NONE Council Member Wernick - NONE Mayor Pro Tern Jacobs - NONE Mayor Gordon – 27 Update on the Los Angeles Air Force Base, Systems Acquisition Management Support (SAMS) Complex 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 behalfof another, and employees speaking on behalfoftheir 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 item not on the agenda The Council will respond to comments after Public Communications is closed MEMORIALS – In memory of Mary Ella Shoupe CLOSED SESSION The City Council may move into a closed session pursuant to applicable law, including the Brown Act (Government Code Sec 54960, et sec ) for the purposes of conferring with the City's Real Property Negotiator, and /or conferring with the City Attorney on potential and/or existing litigation, and/or discussing matters covered under Government Code section 54957 (Personnel), and/or conferring with the City's Labor Negotiators, as follows Continuation of matters listed on the City Council Agenda for 5 00 p in, September 19, 2000 under "Closed Session" (if needed) REPORT OF ACTION TAKEN IN CLOSED SESSION (if required) ADJOURNMENT POSTED DATE TIME l /1, NAME Via, A, de —) 09I900ag 0(1F September 7, 2000 The Honorable Mayor Mike Gordon Members of City Council 350 Main Street El Segundo, CA 90245 Re: 2000 Richmond Street Fair Dear Mayor Gordon & Members of the City Council, The El Segundo Chamber of Commerce respectfully requests the support of the City Council for the 2e Annual Richmond Street Fair, scheduled from 10 00 am to 5 00 pm on Saturday, October 14 The Fair will take place in the 100, 200 and 300 blocks of Richmond Street and on Franklin between Main and Concord The Fair will extend into the intersection of Richmond and Grand Avenue, from the alleys to the east and west of the intersection All businesses and residences in the affected area will be notified to minimize their inconvenience Attendance records were broken at last year's Fair The rides and attractions located at the Richmond and Grand intersections were quite popular, a "children's stage on Grand Avenue featured a magician, clown and reptile show, and the addition of a "battle of the bands" appealed to many middle and high school kids Community groups are encouraged to participate by signing up for a game, exhibit, or food booth The Chamber requests the following City assistance and waiver of all permit and use fees Street closure to traffic between 6 30 am and 7 00 pm "No Parking" signage posted Posting of appropriate notification signage in advance Notification to MTA of rerouting of buses from 6 30 am to 7 00 pm Electrical and amplified sound permits 10 to 12 tables (rectangular and/or round), 100 to 120 chairs Per City requirements, the Chamber supplies the City Clerk's office with copies of Certificates of Liability naming the City and Chamber as certificate holders for all Fair exhibitors We are very excited about continuing this community tradition, which showcases historic Richmond Street, and look forward to working together to produce a very successful Fair in 2000 We extend a sincere thank you to the City and the Council for their ongoing support Sincerely, Kathryn LOUrtI Executive Director 427 Main Street, El Segundo, CA 90245 • (310) 322 -1220 • Fax (310) 322 -6880 E -mail elsegundochamber @aol corn G EL SEGUNDO CITY COUNCIL MEETING DATE: September 19, 2000 AGENDA ITEM STATEMENT AGENDA HEADING: Special Order of Business AGENDA DESCRIPTION: Continued Public Hearing on FY 2000 -2001 Operating Budget and Five -Year Capital Improvement Plan and Adoption of Resolutions approving Appropriations Limit, Preliminary Budget as amended, and Capital Improvement Plan as amended RECOMMENDED COUNCIL ACTION: a) To open the continued Public Hearing to receive public Input on the Operating and Capital Improvement Budgets and then close the hearing b) To review the attached schedules detailing the proposed changes to date to the FY 2000 -2001 Operating Budget and the Five -Year Capital Improvement Budget c) To adopt the Resolution approving and adopting the FY 2000 -2001 Operating Budget and the five -year Capital Improvement Budget. d) To adopt the Resolution approving and adopting the Appropriations Limit for FY 2000 -2001, as presented. BACKGROUND & DISCUSSION: On August 21, 2000 the City Council conducted a Budget Workshop to review the FY 2000 -2001 Operating and Five -Year Capital Improvement Budget ATTACHED SUPPORTING DOCUMENTS: 1 Revisions of the FY 2000 -2001 Preliminary Budget to date 2 Resolution approving and adopting the Operating and Five -Year Capital Improvement Budget for FY 2000 -2001 3 Resolution approving and adopting the Appropriation Limit for FY 2000 -2001 FISCAL IMPACT: Operating Budget: Amount Requested: Account Number: Project Phase: Adopt FY 2000 -2001 Preliminary Budget Appropriation required: Yes ORI INATED: DATE: 12,0w- Bret , F Director !IL REVIE BY: DATE: Mary Stu City Manager 1 9/12/00 10 41 AM 0 1 BACKGROUND AND DISCUSSION ICONTD.1 At its meeting on September 5, 2000, the City Council conducted a Public Hearing on the FY 2000 -2001 Operating Budget and the Five -Year Capital Improvement Project Budget The City Council also reviewed a presentation of the FY 2000 -2001 Five -Year Capital Improvement Project made by the chair of the Capital Improvement Program Advisory Committee (CIPAC) Based on the workshop, the CIPAC presentation and the Public Hearing, City Council directed staff to make revisions to the FY 2000 -2001 Preliminary Operating and Five -Year Capital Improvement Budget These revisions are attached to this report and have been Included in the budget to be adopted Capital Improvement Promct FY 2000 -2001 Capital Improvement Projects total $9,408,650 consisting of $3,618,900 General Fund and $5,789,750 in other fund projects General Fund Capital Improvement Projects included in the budget consist of $1,500,000 in projects recommended by the CIPAC, $1,551,900 that were not completed In FY 1999 -2000 and are rebudgeted in FY 2000 -2001, and $567,000 in City Council and staff - recommended projects Personnel and new proorams Personnel changes that enable the City to maintain a high level of service and commitment to the future include Implementation of a classification and compensation study, funding for the results of another classification and compensation study currently underway, and appropriations for provisions in approved Memorandums of Understanding with bargaining units There is one new full time position (Fire Inspector) and 1 9 additional FTE in the budget Also included in the budget are new programs totaling $304,050. Total fiscal impact of these personnel and new program additions is approximately $521,750 Budoet Revisions between Preliminary and Adopted Budget revenue revisions since the workshop and the public heanng total $2,921,500 This consists of $234,000 in General Fund revisions and $2,687,500 In other fund revisions A spreadsheet with the details of the changes is attached to this report. Staff anticipates an Increase in utility users taxes attributable to the vanous exchange services providers coming Into the City, however, since there is no history established with these companies, no provision for additional revenues Oil 9/12/00 4 54 PM has been included in the budget We will closely monitor this and all other revenue sources and make any necessary adjustments at the mid -year review Budget expenditure revisions Budget expenditure revisions since the workshop and the public hearing total $4,010,700 This consists of $268,000 in General Fund revisions and $3,742,700 in other fund revisions A spreadsheet with the details of the changes is attached to this report Douglas Street Gap Closure Funding in the FY 2000 -2001 Preliminary Budget for this project is $571,250 Staff anticipates submitting a negotiated award of the design contract to the City Council within the next month and a half with an estimated additional cost of approximately $700,000 to $900,000 $231,250 in design costs is funded by a federal grant The majority of the additional costs will be funded by the Traffic Mitigation fund until we receive approval of an anticipated $31 million federal grant Proposed fee or tax rate revisions No new fees or increases in tax rates are included in the FY 2000 -2001 Preliminary Budget, however, budget allocations for cost allocation studies of building permits, planning check fees, and traffic mitigation fees are included These fee studies may have an impact on the FY 2001 -2002 budget The Water Fund currently assumes no water rate increase, but future rate increases are overdue and will be implemented with the issuance of water well bonds The revised FY 2000 -2001 is budget is balanced Total appropriations for all funds are $72,041,350, matched with estimated revenues of $72,041,350 including designated fund reserves of $3,712,650 This budget as presented contains General Fund appropriations of $41,322,250 and estimated revenues of $41,414,900 resulting in a General Fund surplus of $92,650 9/13100 8,16 AM r 0 12 CITY OF EL SEGUNDO BUDGET REVISIONS FISCAL YEAR 2000MI BUDGET Preliminary Budget Appropriations ADJUSTMENTS General Fund Finance Department. Additional Appropriation for MBIA Utility Users Tax Consulting Services Non Departmental Additional Appropriation for Sister Ctn - Traveling costs to Guvmas Additional Appropriation for the El Segundo Unified School District Gas Tax, Re- Appropriate for 1999.2000 Budget dollars for Varmus Drainage Improvements expected to begin in Fiscal Year 2000 -2001 Proposition "C" Additional Appropriation for Sepulveda Landscaping Project (Additional funding appropriated in the Capital Improvements Fund) MTA Grant Re- Appropriate 1999 -2000 Budget dollars for a portion of the Sepulvide Widening Project expected to be completed in 2000 -2001 (Costs offset by a MTA Grant) Re- Appropriate 1999 -2000 Budget dollars for a portion of the Sepulvide Widening Project expected to be completed in 2000 -2001 (Costs offset by a MTA Giant) Lrabilin Insurance Additional Appropriation for a Risk Management Stud) NN ater Fund (Capital) Additional Appropriation for the City Water Well Project Capital Improvements Fund - Additional Appropriation for Douglas Street Design Costs (HUD Grant) Additional Appropriation for Sepulveda Landscaping (Funding through a State Grant) Expendable Trust Fund - Developer Fees Re- Appropriate 1999 -2000 Budget dollars for Douglas Street Railroad Crossing expected begin in Fiscal Year 2000 -2001 Re- Appropriate 1999.2000 Budget dollars for Morgan Stanley Traffic Projects expected begin in Fiscal Year 2000 -2001 Re- Appropriate 1999 -2000 Budget dollars for Douglas Extension Project expected begin in Fiscal Year 2000.2001 Outside Services Trust Fund Innopac Software and Server will be funded through an approved Library Grant Program in fiscal year 1999 -2000 Total Revised Cm Appropriations - All Funds FISCAL YEAR 2000-01 BUDGET Account Inc(Dec) Balance 2502 -6214 13 000 2901 -6403 5 000 2901 -6405 250000 8203 -8452 100 000 8203 -8636 88 000 500 000 1.300 000 0000-6214 5 950 7103 -8208 125 000 8203 -8949 231.250 8203 -8636 678 000 8141- 8634 50 000 8141 -8948 387 500 8141 -8949 290 000 0000.8108 (13 000) S 68.030.650 268,000 100.000 88.000 1,800.000 5.950 125.000 909,250 727,500 (13,000) S 72,041350 4 n Pxt 11} o c a' CITY OF EL SEGUNDO BUDGETPZMONS FISCAL YEAR 2000/01 BUDGET Preliminary Estimated Revenues ADJUSTMENTS: General Fund- Property Taxes Increase based on revised estimates from the Los Angeles County Internal Service / Non - Department. Equipment Replacement: Decrease Revenues to Match Equipment Replacement Charge to the various Departments Associated Recreation Fund: Amount shown on the Revenue Summary within the Preliminary Budget but was not included in the Estimated Revenue Total MTA Grant Fund- To re- budget estimated revenues associated with MTA grant expenditures re- appropriated for next year Capital Improvements Fund: Housing and Urban Development (HUD) Grant State Grant for Sepulveda Landscaping Designated Fund Reserves Total Revised Estimated Revenues FISCAL YEAR 2000-01 BUDGET Account Inc (Dec) Balance S 65,407,200 3101 234 000 3912 (34 350) 3106 12 600 3979 1 800 000 3792 231.250 3791 678 000 234,000 (34,350) 12,600 1,800,000 909,250 3,712,650 S 72,041 .350 ' 014 912W 4 3'_PM RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, APPROVING AND ADOPTING AN OPERATING BUDGET AND FIVE -YEAR CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2000/2001. WHEREAS, the City Manager and the Finance Director of the City of El Segundo, California, have heretofore presented to the City Council of said City a proposed Budget for the above fiscal year, and WHEREAS, the Capital Improvement Program Advisory Committee (CIPAC), submitted to the City Council a FY 2000/2005 Preliminary Capital Improvement Program, and WHEREAS, the City Council did solicit public Input before City Council on Tuesday, September 5, 2000, and Tuesday, September 19, 2000 in the City Hall Council Chambers, at which time said proposed Budget and Five -Year Capital Improvement Program and matters pertaining thereto were heard and considered, and WHEREAS, the City Council has now considered the said proposed Budget and Five - Year Capital Improvement Program as so submitted and all evidence adduced at said public discussion with reference thereto, and has now made all changes and amendments thereto which said City Council up to this time desires to make therein NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The original of said Preliminary Budget and Five -Year Capital Improvement Program of the City of El Segundo, California, for the FY 200012001 as so submitted, which Is now before this Council, be placed on file in the office of the City Clerk of the City of El Segundo, California, and open to public Inspection SECTION 2. The City Council does hereby approve and adopt the said revised Preliminary Budget and Five -Year Capital Improvement Program for the FY 200012001 as amended SECTION 3. The City Manager may authorize those budgetary transfers of funds within a department necessary to provide service levels consistent with the intent of the Council adopted budget within categories while continuing to notify Council of all such transfers However, budgetary transfers between categories, departments or funds in excess of $10,000 require the approval of the City Council SECTION 4. It Is the Intent of the City Council in approving and adopting this budget to provide a financial plan for the guidance of administrative personnel in the routine operations of City business and for the information of the general public Adoption of said budget does not expressly approve expenditures of funds In excess of the purchasing authority of the City Manager as set forth by City Ordinance and State Law RESOLUTION NO APPROVING & ADOPTING OPERATING BUDGET & CIP FOR FY 2000/2001 PAGE NO I 09/07/00 3 40 PM G15 SECTION 5. At the close of the fiscal year, unexpended appropriations in the operating budget will be carried forward to the next fiscal year as necessary to underwrite the expense of outstanding purchase commitments and programs SECTION 6. The Annual Operating Budget and Five -Year Capital Improvement Program for FY 2000/2001 so submitted and filed, shall be the budget for the City of El Segundo, California, for said fiscal year SECTION 7. The City Clerk shall certify to the passage and adoption of this Resolution, shall enter the same in the book of original Resolutions of said City, and shall make a Minute of the passage and adoption thereof In the records of the proceedings of the City Council of said City, in the Minutes of the meeting at which the same is passed and adopted PASSED, APPROVED AND ADOPTED this 1 gth day of September 2000 Mike Gordon, Mayor City of El Segundo, California ATTEST STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO 1 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 Resolution No was duly passed and adopted by said City Council, approved and signed by the Mayor of said City, and attested to by the City Clerk of said City, all at a regular meeting of said Council held on the 19th day of September 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: Mark Rensley, City Attorney RESOLUTION NO APPROVING & ADOPTING OPERATING BUDGET & CIP FOR FY 20002001 PAGE NO 2 09/07100 3 40 PM IM) 1 Fi RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, APPROVING AND ADOPTING THE APPROPRIATION LIMIT FOR FISCAL YEAR 200012001 WHEREAS, Article XIIIB of the California Constitution provides that the appropriations limit for FY 2000/2001 is calculated by adjusting the appropriations limit of FY 1999/00, by changes in either the increase in Nonresidential Assessed Valuation or California per Capita Income, and changes in population, and WHEREAS, the appropriations limit for FY 2000/2001 has been calculated by the Finance Department, and WHEREAS, the City of El Segundo has complied with all the provisions of Arucle XIIM, in determining the appropriations ]unit for FY 2000/2001 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The appropriation limit for the City of El Segundo for FY 200012001 shall be $45,786,920 SECTION 2. The City Clerk shall certify to the passage and adoption of this Resolution, shall enter same in the book of original Resolutions of said City, and shall snake a Minute of the passage and adoption thereof to 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 APPROVING & ADOPTING APPROPRIATION LIMIT FOR FY 2000/2001 PAGE NO I 09112100 10 25 AM 6 17 PASSED, APPROVED AND ADOPTED this 19th day of September 2000 Mille Gordon, Mayor City of El Segundo, California 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 Resolution No was duly passed and adopted by said City Council, approved and signed by the Mayor of said City, and attested to by the City Clerk of said City, all at a regular meeting of said Council held on the 19' day of September 2000, and the same was so passed and adopted by the following vote AYES NOES ABSENT ABSTAIN Cindy Mortesen, City Clerk City of El Segundo, California APPROVED AS TO FORM: "_"TS City Attorney RESOLUTION NO APPROVING & ADOPTING APPROPRIATION LIMIT FOR FY 2000/2001 PAGE NO 2 09/12/00 10 25 AM 0.1s s EL SEGUNDO CITY COUNCIL MEETING DATE: September 19, 2000 AGENDA ITEM STATEMENT AGENDA HEADING: Unfinished Business AGENDA DESCRIPTION: Street Tree Master Plan Implementation RECOMMENDED COUNCIL ACTION. Approval and direction to staff 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 We have forwarded a letter (attached) to concerned residents explaining the tree replacement procedures and the appeal process 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 Neighbors who protest the removal of a parkway tree within their neighborhood will also have the opportunity to appeal the removal to the Recreation and Parks Commission (Continued on next Daoe) Form Letters FISCAL IMPACT: Operating Budget Amount Requested: Account Number: Project Phase, Appropriation required: and Parks Director ary Sfrenn \City DATE: September 8, DATE: 0/0 4 ij 1 5 West Coast Arbonsts has notified residents on the four blocks where problem trees were identified, as discussed with Council at the September 5, 2000 Council meeting Residents on those blocks had seven (7) days to respond to the Recreation and Parks Department if they wanted to appeal the removals If, after the seven day period, no one on the block has contacted the office, the trees will be removed and new trees will be planted Neighbors appealing tree removals in front of other neighbors' residences may cause ill feelings We will be monitoring this closely, and will report back to Council after implementation There are other trees throughout the City 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 020 September 12, 2000 Dear El Segundo Resident vie r 10/'' er / Greg Johnson, Director Recreation and Parks Department The Street Tree Master Plan is an Important tool for managing our trees throughout the city It Includes on -going trimming, removal of diseased or damaging trees, and planting new trees This plan was approved by the Recreation and Parks Commission and the City Council Public meetings were held throughout the development process, in order to keep citizens updated and solicit input The Implementation of the program began in August of this year with a number of problem trees removed and new trees planted. Residents contacted staff and expressed concern over the removal of trees Some folks were unaware of the master planning process and the scope of the project The City Council has directed the Recreation and Parks Department to develop additional procedures to keep interested citizens informed throughout the implementation of this program, The following tasks have been instituted to address community concerns and increase communication between Park Maintenance Division staff and our residents • When multiple trees are scheduled for removal on a particular block, the contractor will stagger the removals, (to the extent possible) to lessen the impact of losing large specimen trees, • Develop an aggressive trimming program to address the numerous trees in need of attention, • Re- evaluate all proposed tree removals before proceeding with notifications, • If a tree needs to be removed, the resident will receive a notification letter, a choice of three replacement trees specifically chosen for the particular growing area and conditions, and phone numbers to call for more information; • If a tree is scheduled for removal, all residents within that particular block will receive a letter explaining the reason for the removal, and the appeal process; Residents wishing to contest a removal, a planting, or a staff decision to retain a tree, will have an opportunity to appeal to the Recreation and Parks Commission, 339 Sheldon Street, El Segundo California 90245.0989 Phone (310) 524-2707 FAX (310) 322 -3693 G)ohnson@ elsegundo org 6 2' The City Council will address this issue at the council meeting of September 19, 2000 All citizens interested in commenting on the issue are encouraged to attend the meeting at 7 pm in the City Council Chambers The meeting will also be televised on Cable TV Channel 22 Trees are a living testament to El Segundo's heritage Certain species have been identified throughout Southern California as problems that must be addressed The Master Plan was commissioned to guide the community through the maintenance of our urban forest There are difficult decisions to be made in order to ensure safety and environmental integrity in El Segundo Working together, we will preserve El Segundo's trees for everyone to enjoy Greg Parks Director Res Rr 916 022 t� O ASV 13 P, TREE REMOVAL NOTIFICATION A city street tree at has been scheduled for removal The reason the Park Maintenance Division has scheduled this removal Is 0 The tree Is dead 7 The tree Is diseased, and Is unsafe 7 The tree has caused significant hardscape and sewer line damage 7 A significant portion of the tree has split away from the tree's trunk Other reason or further explanation If, after careful consideration, you feel that this tree Is not an appropriate candidate for removal, you have 7 days from the postmarked date on this notice, to forward a letter to us Indicating your concerns and any other Information that may be helpful In evaluating the situation Your letter and Information will be forwarded to the Recreation and Parks Commission, and your appeal will be agendized at the next available Commission meeting (the Commission meets on the 3t° Wednesday of the month, 7pm. in the City Council Chambers, 350 Main St., El Segundo, CA.) You will be contacted and made aware of the date of the meeting We encourage you to attend the meeting and explain your concerns to the Commission directly After the Commission has considered your appeal, they will make a decision on the issue We look forward to working with you to enhance the City Greg Parks Director 339 Sheldon Street, El Segundo, California 90245-0989 Phone (310) 524.2704 FAX (310) 322 -3693 Glohnson@elsegundo.org II�J Date Name Address EI Segundo, CA 90245 Dear Ceri itf�t C/' yeffmn'O/Ic' Greg Johnson, Director Recreation and Parks Department The tree in the city parkway in front of your home has been identified for removal Parks Division staff has visited your home and evaluated the tree Staff has recommended that the tree be removed at this time Trees that are dying, diseased, or causing property damage are being recommended for removal in El Segundo New street trees are being planted throughout our city as an important part of our Street Tree Master Plan Trees contribute to our environment in many positive ways They are also known to increase property values in a community, and are aesthetically pleasing to the entire neighborhood We encourage you to consider staffs recommendation, and choose from one of the three species options designated for the parkway You will have the satisfaction of watching the new tree grow and flourish, while contributing to the overall beauty of your neighborhood and our community If, after careful consideration, you feel that this tree is not an appropriate candidate for removal, please forward a letter to us at El Segundo Recreation and Parks Department, 339 Sheldon Street, El Segundo CA 90245, indicating your concerns and any other information that may be helpful in evaluating the situation Your letter and information will be forwarded to the Recreation and Parks Commission, and your appeal will be agendized at the next available Commission meeting You will be contacted and made aware of the date, time and location of the meeting We encourage you to attend the meeting and explain your concerns to the Commission directly After the Commission has considered your appeal, they will make a decision on the issue We look forward to working with you to enhance the City. son, Director and Parks Department 339 Sheldon Sheet El Segundo, California 90245 -0989 Phone (310) 524.2707 FAX (310) 322 -3693 G)ohnson@elsegundo.org 024 Date Name Address El Segundo, CA 90245 Dear Greg Johnson, Director Recreation and Parks Director The city parkway in front of your home has been Identified as a potential site for a new city street tree Parks Division staff has visited your home and evaluated the parkway Staff has recommended that a tree be planted at this site New street trees are being planted throughout our city as an Important part of our Street Tree Master Plan Trees contribute to our environment in many positive ways They are also known to Increase property values in a community, and are aesthetically pleasing to the entire neighborhood We encourage you to consider staffs recommendation, and choose from one of the three species options designated for the parkway You will have the satisfaction of watching the tree grow and flourish, while contributing to the overall beauty of your neighborhood and our community If, after careful consideration, you feel that a tree Is not appropriate for your parkway, please forward a letter to us at El Segundo Recreation and Parks Department, 339 Sheldon Street, El Segundo CA 90245 Indicating your concerns and any other information that may be helpful in evaluating the situation. Your letter and Information will be forwarded to the Recreation and Parks Commission, and your appeal will be agendized at the next available Commission meeting You will be contacted and made aware of the date, time and location of the meeting We encourage you to attend the meeting and explain your concems to the Commission directly After the Commission has considered your appeal, they will make a decision on the issue We look forward to working with you to enhance the City Sincerely, Greg dnttn, Director Recre ti a d Parks Department 339 Sheldon Street, El Segundo, California 90245 -0999 Phone (310) 524 -2707 FAX (310) 322.3693 giohnson@eisegundo.org 025 Date lefyg- Greg Johnson, Director Recreation and Parks Department Name Address El Segundo, CA 90245 Dear You have requested the removal of a tree In the city parkway In front of your home Park Maintenance Division staff has visited your home and evaluated the tree Staff has recommended that the tree not be removed at this time Trees that are dying, diseased, or causing property damage are being recommended for removal in EI Segundo New street trees are being planted throughout our city as an Important part of our Street Tree Master Plan Trees contribute to our environment In many positive ways They are also known to increase property values in a community, and are aesthetically pleasing to the entire neighborhood We encourage you to consider staffs recommendation, and enjoy the natural beauty, shade, environmental advantages, and the positive contribution to your neighborhood that this tree produces You will have the satisfaction of watching this mature tree grow and flourish, while contributing to the overall beauty of your neighborhood and our community If, after careful consideration, you feel that this tree is not appropriate for the parkway, please forward a letter to us at El Segundo Recreation and Parks Department, 339 Sheldon Street, El Segundo CA 90245, Indicating your concerns and any other information that may be helpful in evaluating the situation Your letter and information will be forwarded to the Recreation and Parks Commission, and your appeal will be agendized at the next available Commission meeting You will be contacted and made aware of the date, time and location of the meeting We encourage you to attend the meeting and explain your concerns to the Commission directly After the Commission has considered your appeal, they will make a decision on the issue We look forward to working with you to enhance the City Slncer Greg 413 o , Director Recre o an Parks Department Res request 339 Sheldon Street, El Segundo, Califomia 90245.0989 Phone (310) 524.2707 FAX (310) 322 -3693 Glohnson@elsegundo.org ! � § k ) \ � ,# ■ �\ /§ , ■,,,�� ;,, ;n : ;,,n ; :�l�, Mu §�| |#| ®& ` k | ,�� | §�)k� | |! � �!! ®�!| (! ■� � | " - � ! | z)\�� ; ;§f|$ |�|2§` ;_§||||[|,|!|! § |2 || §§■ §!,!!E!!!:!!■£ ■!;a■■! ■@■ $ || |{ i � |! � ! ■!!.� a Gtr CITY OF EL SEGUNDO PAYMENTS BY WIRE TRANSFER 8/26/2000 THROUGH 9/812000 Date Payee Amount 8/30/00 Health Comp 8/31/00 District 73 8/31/00 IRS 8/31/00 Employment Development 916100 Health Comp DATE OF RATIFICATION: 9119100 TOTAL PAYMENTS BY WIRE: Certified as to the accuracy of the wire transfers by 88848 80,375 00 184,759 04 36,059 32 55424 302,636 08 Deputy Treasurer q' 61270 Date Finance Director AZ 9 11117-00 Date q� City Manager --p ` Dat Descnption Weekly claims 8125 Sewer Assessment Payment Federal Taxes PR 5 State Taxes PR 5 Weekly claims 9101 302,636.08 Information on actual expenditures is available in the City Treasurer's Office of the City of El Segundo P \Wire Transfers9 -8 xis 027 MINUTES OF THE REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, SEPTEMBER 5, 2000 - 5:00 P.M. 5:00 PM Session CALL TO ORDER - Mayor Gordon at 5:00 p.m. ROLL CALL Mayor Gordon Mayor Pro Tern Jacobs Council Member Gaines Council Member McDowell Council Member Wernick CLOSED SESSION: - Present - Arrived at 5:05 p m - 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, It sea.) 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 99CO2571 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, at 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 Govt Code §54956.9(b): -1- potential case (no further public statement is required at this time); Initiation of litigation pursuant to Govt 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 4 MINUTES OF THE REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL SEPTEMBER 5, 2000 PAGE NO I 028 CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Govt Code §54956.8) — None 7.00 PM Session CALL TO ORDER - Mayor Gordon at 7 00 p m INVOCATION - Pastor Randy Williams, Pacific Baptist Church PLEDGE OF ALLEGIANCE - Mayor Pro Tern Sandra Jacobs PRESENTATIONS - (a) Mayor Gordon made a presentation to Assemblyman George Nakano, 53rd State Assembly District (b) Council Member McDowell presented a Commendation to Chevron for hosting the 9th Annual School Pride Day and all participants who volunteered their time and effort to spruce up Richmond Street School. ROLL CALL Mayor Gordon - Present Mayor Pro Tern Jacobs - Present Council Member Gaines - Present Council Member McDowell - Present Council Member Wemick - Excused Absence — Medical Reasons PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit per person, 30 minute limit total) Individuals who have received value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so identify themselves prior to addressing the City Council Failure to do so shall be a misdemeanor and punishable by a fine of $250. While all comments are welcome, the Brown Act does not allow Council to take action on any item not on the agenda. The Council will respond to comments after Public Communications is closed Liz Gamholz, resident, spoke regarding airport issues and the former Ralph's site Dorothy Kent, resident, spoke regarding airport issues, the mosquito problem and animal control. Moe Mills, resident, reported on grafitti problem and thanked City for their support in the clean up effort Peggy Tyrell, resident, spoke regarding airport issues. Frank Wong, resident, spoke regarding funds being spent to fight LAX expansion MINUTES OF THE REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL SEPTEMBER S. 2000 PAGE NO 2 029 Emily Newman of the American Heart Association requested City support and approval to close certain streets during the Heart Walk to the held on Saturday, September 23, 2000. Mayor Pro Tem Jacobs spoke regarding the mosquito problem and noted that the vector control number to report problems was (310) 915 -7370. Mayor Gordon thanked Mr Mills and staff for addressing the grafitti problem so quickly Reported that Ralph's Corporation had changed its position and now would consider approving a food store at the location Mary Strenn, City Manager, reported on the American Heart Association's request for Council support MOVED by Mayor Gordon, SECONDED by Mayor Pro Tem to approve the American Heart Association request for support of the Saturday, September 23, 2000 Heart Walk MOTION PASSED BY UNANIMOUS VOICE VOTE. 4/0. COUNCIL MEMBER WERNICK ABSENT (EXCUSED). A. PROCEDURAL MOTIONS Consideration of a motion to read all ordinances and resolutions on this Agenda by title only MOVED by Council Member McDowell, SECONDED by Council Member Gaines to read all ordinance and resolutions on this Agenda by title only MOTION PASSED BY UNANIMOUS VOICE VOTE. 4/0. COUNCIL MEMBER WERNICK ABSENT (EXCUSED). B. SPECIAL ORDERS OF BUSINESS - Oral presentation by Mr. Mike Rotolo, Chairperson of the Capital Improvement Program Advisory Committee (CIPAC), regarding the Committee's recommendations for the fiscal year 2000 -2001 Capital Improvement Program Mr Rotolo, Chairperson of the Capital Improvement Program Committee, gave a brief presentation on the Five -Year Capital Improvement Plan Council received and filed. 2 Public Hearing to discuss FY 2000 -2001 Preliminary Budget and Five Year Capital Improvement Plan Mayor Gordon stated this is the time and place hereto fixed for a public hearing to discuss the FY 2000/2001 Preliminary Budget and Five Year Capital Improvement Plan. He asked if proper notice had been done and if any Written Communications had been received. Deputy Clerk Domann stated that noticing had been done in a timely manner and no written communication had been received regarding this item Liz Garnholz, resident, requested a breakdown of money being spent on fighting LAX expansion. MINUTES OF THE REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL SEPTEMBER 5 2000 PAGE NO 3 030 Carl Jacobson, resident, spoke regarding airport issues and requested the purchase, with other cities, radar equipment for monitoring of early turns. Frank Wong, resident, requested a breakdown of money being spent to fight LAX expansion Consensus of Council to close tonight's portion of the public hearing Council Member Gaines requested clarification from Carl Jacobson regarding tracking of early turns City Manager Mary Strenn to work directly with the members of the public regarding questions on the breakdown of money being spent to fight LAX expansion MOVED by Council Member Gaines, SECONDED by Council Member McDowell to continue the public hearing to September 19, 2000 MOTION PASSED BY UNANIMOUS VOICE VOTE. 410. COUNCIL MEMBER WERNICK ABSENT (EXCUSED). 3 Public hearing on a Precise Plan Amendment to expand an existing surface parking lot and modify the landscaping at 800 Apollo Street, to provide off -site parking for the Spectrum Club; and approval of Mitigated Negative Declaration for the parking lot modifications and the Spectrum Club expansion. (Environmental Assessment EA No. 521, Precise Plan Amendment PP No 00 -01). Property owner, Continental Development Corporation Mayor Gordon stated this is the time and place hereto fixed for a public hearing on a Precise Plan Amendment to expand an existing surface parking lot and modify the landscaping at 800 Apollo Street, to provide off -site parking for the Spectrum Club; and approval of Mitigated Negative Declaration for the parking lot modifications and the Spectrum Club expansion. (Environmental Assessment EA No 521, Precise Plan Amendment PP No 00 -01) Property owner: Continental Development Corporation. He asked if proper notice had been done and if any Written Communications had been received. Deputy Clerk Domann stated that noticing had been done in a timely manner and no written communication had been received regarding this item. Chns Ketz, Planning Manager, gave a report. Consensus of Council to close public hearing. City Attorney Mark Hensley read the following: ORDINANCE NO. 1322 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, APPROVING PRECISE PLAN AMENDMENT (PP) NO. 00 -01 FOR 800 APOLLO STREET, PROVIDING OFF -S(TE PARKING FOR THE SPECTRUM HEALTH CLUB LOCATED AT 2200- 2250 PARK PLACE, PETITIONED BY: CONTINENTAL DEVELOPMENT CORPORATION Council Member introduced Ordinance No. 1322. MINUTES OF THE REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL SEPTEMBER 5, 2000 PAGE NO 4 -):l City Attorney Mark Hensley read the following: RESOLUTION NO 4180 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, APPROVING ENVIRONMENTAL ASSESSMENT (EA) NO 521 [CERTIFICATION OF A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACTS FOR CONDITIONAL USE PERMIT (CUP) NO 00 -04 AND PRECISE PLAN (PP) NO 00 -01) FOR THE SPECTRUM HEALTH CLUB LOCATED AT 2200 -2250 PARK PLACE, AND OFF -SITE PARKING LOCATED AT 800 APOLLO STREET, 831 SOUTH DOUGLAS STREET, AND 2201 ROSECRANS AVENUE, PETITIONED BY CONTINENTAL DEVELOPMENT CORPORATION (FOR SPECTRUM HEALTH CLUB) MOVED by Council Member McDowell, SECONDED by Mayor Pro Tem Jacobs to adopt Resolution No. 4180, approving Environmental Assessment EA No 521 (certification of a mitigated negative declaration of environmental Impacts for Conditional Use Permit No 00 -04 and Precise Plan No 00 -01) for the Spectrum Heath Club located at 2200 -2250 Park Place and of -site parking located at 800 Apollo Street, 831 South Douglas Street and 2201 Rosecrans Avenue MOTION PASSED BY UNANIMOUS VOICE VOTE. 410. COUNCIL MEMBER WERNICK ABSENT (EXCUSED). C. UNFINISHED BUSINESS - 4 Introduce Ordinance No. 1323 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 City Manager Mary Strenn gave a brief report City Attorney Mark Hensley read the following: ORDINANCE NO. 1323 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 Mayor Pro Tern Jacobs introduced Ordinance No. 1323. Amendment to the El Segundo Municipal Code, Sections 3.06.010 at seq., entitled Business Attraction Program Jim Hansen, Director of Community, Economic and Development Services and Council Member McDowell gave reports MINUTES OF THE REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL SEPTEMBER 5, 2000 PAGE NO 5 FInL City Attorney Mark Hensley read the following: ORDINANCE NO 1324 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 Council member McDowell Introduced Ordinance No 1324 6 Downtown Specific Plan Improvements for the 300 and 400 blocks of Main Street plus underground communication conduits in the 100 and 200 block (estimated conceptual 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 Andy Santamana, Director of Public Works, gave a report MOVED by Council Member McDowell, SECONDED by Council Member Gaines to 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 MOTION PASSED BY THE FOLLOWING VOTE. AYES: MAYOR GORDON, COUNCIL MEMBERS GAINES AND MC DOWELL 3/0. COUNCIL MEMBER WERNICK ABSENT (EXCUSED). MAYOR PRO TEM JACOBS NOT PARTICIPATING DUE TO A POSSIBLE CONFLICT OF INTEREST. D. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS 7 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. MOVED by Council Member Gaines, SECONDED by Council Member McDowell to approve the Recreation and Parks Commission recommendation to have a concert and picnic in Library Park, Sunday, October 22, 2000 from 10:00 a.m. to 3.00 p m MOTION PASSED BY UNANIMOUS VOICE VOTE. 4/0. COUNCIL MEMBER WERNICK ABSENT (EXCUSED). 8 El Segundo Community Cable Advisory Committee requests the City to: a) Pursue possible back franchise fees owed to the City by Time Warner Cable. b) Request reimbursement for costs incurred by the City relating to the recent AOLfTime Warner transfer. Greg Johnson, Director of Recreation and Parks, gave a report Council Member McDowell gave a sub - committee report. MINUTES OF THE REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL SEPTEMBER 5, 2000 PAGE NO 6 0 33 MOVED by Council Member McDowell, SECONDED by Council Member Gaines to have the City Attorney's office send a letter to Time Warner Cable requesting they provide an accounting of franchise fees owed and paid to the City dating back to 1991, and requesting reimbursement of City - Incurred costs relating to the AOL/Time Warner franchise transfer. MOTION PASSED BY UNANIMOUS VOICE VOTE. 410. COUNCIL MEMBER WERNICK ABSENT (EXCUSED). 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 Approve Warrant Numbers 2512022 - 2512430 on Register No. 22 in total amount of $1,076,991.36, and Wire Transfers In the amount of $1,133,862.81 10 Approve City Council meeting minutes of August 9, 15 and 21, 2000 11 Adoption of Ordinance No. 1321 amending Contract No 537 between the Board of Administration of the Public Employees Retirement System and the City Council of the City of El Segundo and providing Section 21362.1 (3% at 50 Full Formula) for local Police members as required by the El Segundo Police Officers' Association 2000 -2003 Memorandum of Understanding 12 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). 13 Award Contract No to 2823 Transportable Treatment Services, Inc., for the lining of sanitary sewer access structures — Project No PW 00 -12 (contract amount = $50,000.00), and authorize the Mayor to execute the standard Public Works contract after approval as to form by the City Attorney. 14 Acceptance of the replacement of volleyball court and paddle tennis court surfaces — Project No PW 00 -5 (final contract amount $48,224.00) and authorize the City to file the City Engineer's Notice of Completion in the County Recorder's Office 15 Accept donation of Youth Swim Fins Donation from Neofin, Inc. 16 PULLED BY COUNCIL MEMBER GAINES 17 Accept a California 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 18 PULLED BY MAYOR GORDON 19 NOT INCLUDED IN ORIGINAL MOTION TO APPROVE CONSENT AGENDA ITEMS MINUTES OF THE REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL SEPTEMBER 5.2000 PAGE NO 7 034 MOVED by Council Member McDowell, SECONDED by Council Member Gaines to approve consent agenda items 9, 10, 11, 12, 13, 14, 15, and 17. MOTION PASSED BY UNANIMOUS VOICE VOTE. 410. COUNCIL MEMBER WERNICK ABSENT (EXCUSED). CALL ITEMS FROM CONSENT AGENDA 16 Approve amendment to a professional service Contract No 2645 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 Council Member Gaines requested an update on the circulation plan. Jim Hansen, Director of Community and Economic Development Services, and Chris Ketz, Planning Manager, responded to Council questions MOVED by Council Member Gaines, SECONDED by Council Member McDowell to approve amendment to a professional service Contract No. 2645 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 MOTION PASSED BY UNANIMOUS VOICE VOTE. 410. COUNCIL MEMBER WERNICK ABSENT (EXCUSED). 16 Receive and file Street Tree Master Plan Implementation Greg Johnson, Director of Recreation and Parks responded to Council questions. MOVED by Mayor Gordon, SECONDED by Council Member McDowell to postpone item and reagendize as Unfinished Business on the September 19, 2000 agenda. MOTION PASSED BY UNANIMOUS VOICE VOTE. 410. COUNCIL MEMBER WERNICK ABSENT (EXCUSED). 19 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. MOVED by Council Member McDowell, SECONDED by Council Member Gaines to approve award to Sunset Floors for installation of new carpet and linoleum at multiple City locations, for the quoted price of $13,071.00. MOTION PASSED BY UNANIMOUS VOICE VOTE. 410. COUNCIL MEMBER WERNICK ABSENT (EXCUSED). F. NEW BUSINESS - 20 Introduction and First Reading of Ordinance No.1325 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 MINUTES OF THE REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL SEPTEMBER 5, 2000 PAGE NO S G35 Bret Plumlee, Director of Finance, gave a report. City Attorney Mark Hensley requested that the Administrative Rules and Regulations be amended to provide for a 30 day written notice for any modifications or changes Roger Hailey, Southern California Edison presented the company's concerns. Doug Wiese, Don Maynor Legal Firm reported as to what other cities are doing regarding UUT fees City Attorney Mark Hensley read the following: ORDINANCE NO 1325 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 Council Member Gaines introduced Ordinance No. 1325 MOVED by Council Member Gaines, SECONDED by Council Member McDowell to adopt the Utility User's Tax (UUT) Administrative Rules and Regulations as amended, approve Fixed Fee Agreement, Contract No 2824 between MBIA MuniServices Company /Municipal Resources Consultants (MMC) and the City of El Segundo, and approve Legal Services Agreement, Contract No.2825 between Don Maynor and the City of El Segundo. MOTION PASSED BY UNANIMOUS VOICE VOTE. 410. COUNCIL MEMBER WERNICK ABSENT (EXCUSED). G. REPORTS - CITY MANAGER - NONE H. REPORTS — CITY ATTORNEY - NONE REPORTS - CITY CLERK - NONE J. REPORTS - CITY TREASURER - NONE K. REPORTS - CITY COUNCIL MEMBERS Council Member McDowell - Reported next "Office hours in the Park" on Saturday, September 16, 10 a.m. until Noon, in the Picnic Pavilion Council Member Gaines - 20. Report on the status of the California electrical power system. Consensus of Council to direct staff to review and comment on PUC report MINUTES OF THE REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL SEPTEMBER 5.2000 PAGE NO 9 113 6 Staff and Council to contact State legislators to determine how they are going to address this Issue Requested revisions to the consultant list Mayor Pro Tern Jacobs - Reported on ground breaking of Air Force Base Medical Clinic. Mayor Gordon - Noted the Food and Music Festival will be held on Saturday, September 16, 2000 Reminded the public of the 60 -day review of the Animal Control proposal 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 shalt 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 item not on the agenda. The Council will respond to comments after Public Communications Is closed Loretta Fry, resident, commended the Fire and Police Departments. Commented on recent appointments to City Commissions. Liz Gamholz, resident, spoke regarding the Tree Implementation Plan and requested a copy of the Plan Also spoke on the Downtown Specific Plan MEMORIALS - CLOSED SESSION - NONE ADJOURNMENT at 9:50 p.m Cathy Domann, Deputy City Clerk MINUTES OF THE REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL SEPTEMBER 5 2000 PAGE NO 10 037 EL SEGUNDO CPfY COIINCEL MEETING DATE: 9/19MW AGENDA ITEM STATEMENT AGENDA HEADING: CONSENT CALENDAR AGENDA DESCRIPTION: Funding Agreement between the City of EI Segundo and the EI Segundo Unified School District for the period October 1, 2000 to September 30, 2001 (Fiscal Impact $250,000) RECOMMENDED COUNCIL ACTION: Approve Addendum No 1 to the Funding Agreement between the City of EI Segundo and the EI Segundo Unified School District INTRODUCTION AND BACKGROUND: In FY 1999 -2000, the EI Segundo Unified School District requested that the City provide funding to help offset some of their operational costs for the 2000 -2001 school year. The City formed a subcommittee to work with the School District, and the recommendations of the subcommittee are included in the attached agreement DISCUSSION: The agreement attached addresses the request by the EI Segundo Unified School District to provide $250,000 in operational funding for their FY 2000 -2001 The District shall use the funds for providing student services and maintenance of facilities that serve the needs of the students of the District during the FY 2000 -2001 school year ATTACHED SUPPORTING DOCUMENTS: Addendum No 1 to Funding Agreement between the City of EI Segundo and the EI Segundo Unified School District FISCAL IMPACT: $250,000 included in the FY 2000 -2001 Operating Budget Operating Budget: $250,000 Amount Requested: $250,000 Account Number: 2901 -6405 Project Phase: Approve Addendum to funding agreement Appropriation required: No ORIGINATED: Date: /!R- /2-00 Bret Plumlee, Director of Finance ADDENDUM NO. I TO FUNDING AGREEMENT THIS ADDENDUM NO 1, ( "Addendum No. 1") to the Fundmo Agreement between the City of El Segundo ( "City ") and the El Segundo Unified School Distnct ( "District "), dated September 21, 1999 ( "Agreement "), is entered into this _ day of 2000 Whereas the parties desire to supplement the Agreement to provide for additional funding of student services as well as maintenance of District facilities for the 2000'2001 school year NOW THEREFORE, the parties hereto agree as follows The City shall on or before June 30, 2001 pay the District 5250,000 The District shall use such funds for providing student services and maintenance of facilities that serve the needs of the students of the District during the 2000/2001 school year. All terms and provisions of the Agreement which are not inconsistent or in conflict with this Addendum No 1 shall remain in full force and effect and neither party waives any rights it may have ansmg out of past performance, or lack thereof, of the other party IN WITNESS WHEREOF, the Parties hereto have executed this Addendum No 1 as of the date and year first written above CITY OF EL SEGUNDO By Michael Gordon, Mayor ATTEST By City Clerk APPROVE S TO FORM - By. vC� City Att rney EL SEGUNDO UNIFIED SCHOOL DISTRICT By President, District Board ATTEST. By. Board Clerk APPROVED AS TO FORM By Board Counsel LA 54088 %] � 1) 2 C1 EL SEGUNDO CITY COUNCIL MEETING DATE: September 19, 2000 AGENDA ITEM STATEMENT AGENDA HEADING: CONSENT CALENDAR AGENDA DESCRIPTION: Proposed Agreement for City Attorney Services between Burke, Williams, and Sorensen (BWS) and the City of EI Segundo RECOMMENDED COUNCIL ACTION: Approve Agreement for City Attorney Services between BWS and the City of El Segundo BACKGROUND & DISCUSSION: The City has engaged the services of BWS to act as the City Attorney and perform all legal services needed by the City since August 1996 The legal services performed include designating a City Attorney or Assistant City Attorney to attend all City Council meetings, provide legal counsel at such other meetings of boards, commissions and committees of the City as directed by the City Council or City Manager, provide legal advice and opinions on all matters (continued on next page) ATTACHED SUPPORTING DOCUMENTS: Proposed Agreement for City Attorney Services between BWS and the City of El Segundo FISCAL IMPACT: FY 2000 -2001 Increase of $42,500 over FY 1999 -2000 Operating Budget: $467,500 Amount Requested: $ 42,500 Account Number: 001. 400 - 2201 -6301, 6302 Project Phase: Approval of Professional Services Agreement Appropriation required: Yes to be adopted at 9119/2000 Budget Public Hearing ORIGINATED: DATE: 4ii?,74 1 9A /zQ� Bret Plumlee, Finance Director REVIEWED BY: DATE: Mary �d renn, City Manager 6 9/11/00 12 35 PM 040 Background and Discussion (contd.) affecting the City, prepare and approve as to legal form all resolutions, ordinances, contracts, agreements, and other legal documents; undertake cavil and criminal prosecution of violations of City ordinances when requested to do so by the City Council or the City Manager, represent the City in administrative proceedings and civil or criminal litigation to which the City is a party, and provide legal advice and opinions on all financial matters affecting the City when requested The designated City Attorney will be Mark Hensley, and the designated Assistant City Attorney will be John Luebberke Fiscal Impact BWS is currently compensated $5,000 per month for basic retainer services, which includes attendance at up to 4 City Council per month or other Commission or Board meetings, of whatever length, and affice hours of 8 hours per week in City Hall The average number of hours relating to these services is approximately 50 hours per month This compensation will remain the same The agreement includes a proposed increase in all of the time spent by the City Attorney and Assistant City Attorney in excess of the basic retainer rate per month The proposed increases are the following For all time spent by the designated City Attorney and Assistant City Attorney in excess of the basic retainer the hourly rate will be increased from $125 to $135 per hour for the Assistant City Attorney and from $130 to $140 for the City Attorney For legal services provided by attorney other than the designated City Attorney and Assistant City Attorney, the hourly rate will increase from $140 to 150 for associates and from $160 to $175 for partners, except for bond and financial work The estimated increase in costs for legal counsel and plaintiff and defense litigation combined is $42,500 9/11/00 12 35 PM 0 41 AGREEMENT FOR CITY ATTORNEY SERVICES THIS AGREEMENT, made and entered into by and between the CITY OF EL SEGUNDO, a General Law City (hereinafter "City ") and the law firm of BURKE, WILLIAMS & SORENSEN, a partnership (hereinafter "BWS ") and shall be dated as of October 1, 2000 In consideration of the mutual covenants and agreements set forth herein the parties agree as follow SECTION 1. RECITALS This Agreement is made and entered into with respect to the following facts A City has heretofore engaged the services of BWS to act as the City Attorney for City and to perform all legal services which are needed by the City, and B It is the desire of the parties hereto to formalize, by means of this Agreement, their relationship pertaining to the performance of such legal services; and z C BWS has agreed to provide such legal services, in the time, manner and for the compensation, as hereinafter set forth, and D That City Council of City has determined that the public interest, convenience and necessity require the execution of this Agreement SECTION 2. LEGAL SERVICES. BWS shall perform the legal services necessary to serve the City which shall include, but are not limited, to the following- A The designated City Attorney or the designated Assistant City Attorney shall attend all meetings of the City council unless excused by the City Council or, as appropriate, the City Manager, and B. Provide legal counsel at such other meetings of boards, commissions and committees of the City as directed by the City Council or City Manager; and C Provide legal advice and opinions on all matters affecting the City when requested by the City Council, the City Manager, or a Department Head (as approved by the City Manager), and represent the city in admimstranve proceedings and litigation involving the City which may anse from those matters upon which such advice has been given; and D. Prepare and approve as to legal form all resolutions, ordinances, contracts, agreements and other legal documents and represent the City in administrative proceedings and litigation involving the City which may anse from those matters upon which such advice has been given; and E Undertake civil and criminal prosecution of violations of City ordinances when requested to do so by the City Council or City Manager, and LA #52056 v I _ 1 1 0 k° F Represent the City in administrative proceedings and civil or criminal litigation to which the City is a party, and G Provide legal advice and opinions on all financial matters affecting the City when requested by the City Council, the City Manager, or a Department Head, and represent the City as bond counsel in the issuance of such bonds or other financial transactions mvoh ing the City BWS shall not be required to perform the services described above where to do so would be a conflict of interest pursuant to the State Bar Act When requested b} the City Manager. BWS shall provide City with an estimate of the costs of litigation or other services to be provided The City Council shall retain the right to direct that attorneys other than BWS perform legal work for the City SECTION 3. DESIGNATION OF CITY ATTORNEY. MARK D HENSLEI' of Burke, Williams R Sorensen shall be appointed City Attorney of City, and JOHN M LUEBBERKE shall be appointed as Assistant City Attorney of City Such appointees shall serve at the pleasure of the city Council of City and may be changed by council action without amending this Agreement Such appointees shall have the authority vested in city attorneys by the applicable laws of the State of California. The designated City Attorney shall be responsible for performing or causing to be performed the work described in Section 2 of this Agreement In the event that the designated City Attorney and)or the designated Assistant City Anomey are incapacitated or otherwise unable to perform their duties, the City Manager shall designate a substitute as appropriate, subject to the later confirmation of the City Council SECTION 4. COMPENSATION. BWS shall be compensated by City for the performance of such services as follows A Basic Retainer BWS shall be compensated for the performance of basic retainer services pursuant to this Agreement in the amount of Five Thousand ($5,000.00) per calendar month commencing as of the effective date of this Agreement Basic retainer services for the purposes of this Agreement shall be deemed to be: Attendance at up to Four (4) City Council meetings per month, of whatever length, and office hours of Eight (8) hours per week in the City Hall B Additional Services BWS shall be compensated for additional retainer services in accordance with the following 1 Performance of Services by Designated City Attorney and Assistant City Attorney. For all time spent by the designated City Attorney and Assistant City Attorney in excess of the basic retainer rate per calendar month, BWS shall be compensated on an hourly basis of One Hundred Thirty-Five Dollars ($135.00) per hour for all time so spent by the Assistant City Attorney, and One Hundred Forty Dollars (S 140.00) per hour for all time so spent by the City Attorney The hourly rates of the designated City Attorney and Assistant City Attorney, exclusive of the basic retainer services, shall be increased or decreased as of each July 1 st as an amendment to this Agreement L4 =5.1056 � 1 043 2 Legal Services Provided by Attorneys Other Than Designated City Attorney and Assistant City Attorney BWS shall be compensated for the performance of legal services by attorneys other than the designated City Attorney and Assistant City Attomey at the hourly rate of S 150 00 for associates and 5175.00 for partners, except for bond and financial work On or before June 1st of each year occurring during the term of this Agreement. BWS shall submit to the City Manager for review and approval a list of the hourly rates of all attorneys available to perform services for the City and the hourly rates therefor which will be effective on approval of anN amendment to this Agreement by the City Council, commencing on each said July 1st through and including June 30th of the following calendar year 3 Legal Services for Bond and Financial Matters If required, BWS shall be compensated for bond matters in such amounts as are reasonable and customary for bond counsel the public sector, provided BWS shall not proceed with such work until the Council approves, in its sole discretion, the compensation and authorizes the work to proceed 4 Reimbursable Expenses BWS shall be entitled to reimbursement for all reasonable and necessary expenses incurred by it in the performance of legal services hereto, provided that the same are first approved by the City Manager Reimbursable expenses to which BWS shall be entitled shall include duplication costs, telephone and telecommunications costs; and messenger service. Expert witnesses and other expert costs shall be approved pnor to engagement by the City Manager 5 Payment for Services BWS shall submit monthly statements to the City Manager for all sernces provided and costs incurred pursuant to the terms of this Agreement. Said statements shall clearly set forth by date the type of work performed, the time spent on a task and the anomey performing the task The City Attorney shall meet with the City Manager monthly to review the statements Payment to BWS shall be made by City within thirty (30) days of receipt of the statement, except for those specific items on the billing which are contested or questioned and retumed by City, with an explanation, within thirty (30) days of receipt of the statement. BWS shall provide to City a written response to any statement contested or questioned and further, upon request of City, provide City with any and all documents related to the service or costs. No charge shall be made for time expended in meeting or providing this information to the City, nor for time expended preparing the statements SECTION 5. TERM. The term of this Agreement shall commence as of October 1, 2000, and shall continue thereafter unless terminated by either party hereto pursuant to the terms of this Agreement City may terminate this Agreement at any time, by giving notice in writing prior to termination BWS may terminate on the giving of thirty (30) days written notice to the City of such termination BWS will comply with all obligations required of it pursuant to the State Bar Act in connection with a termination and the transition to replacement counsel BWS L4 45205b � -3- 6 44 shall be compensated for its services rendered through and including the effective date of such termination SECTION 6. NOTICES. Notices required pursuant to this Agreement shall be given by personal service upon the party to be notified, or by delivery of same to the custody of the United States Postal Service, or its lawful successor, postage prepared and addressed as follows CITY City of El Segundo 350 Main Street El Segundo, Califorma 90245 Attention City Manager BWS Burke, Williams R Sorensen 611 West 6th Street, 25th Floor Los Angeles, California 90017 Attention Mark D Hensley, Esq Service of a notice by personal service shall be deemed to have been given as of the date of such personal service Notices given by deposit with the United States Postal Service shall be deemed to have been given two (2) consecutive business days following the deposit of the same in the custody of said Postal Service Either parry may, from time to trine, by written notice to the other, designate a different address which shall be substituted for the one above specified SECTION 7, INDEMNIFICATION. BWS does hereby agree to hold City, and its elected and appointed officers and officials, employees and other agents free and harmless from any claim, demand or ,judgment which may anse based upon personal injury or damage to property to a third party ansing out of the performance of services by BWS hereto SECTION 8. INSURANCE. Not in derogation of the provisions of Paragraph 7 hereof, BWS does hereby agree to take out and maintain in full force and effect under the terms of this Agreement the following insurance coverage A. Such insurance coverage as is required pursuant to the Workers' Compensation Laws of the State of California; and B A liability policy with, coverage of not less than $1,000,000 C Professional Liability (errors and omissions) insurance in an amount of not less than $1,000,000.00 SECTION 9. GENERAL PROVISIONS. A BWS shall not assign this Agreement, or any of the rights, duties or obligations hereunder It is understood and acknowledged by the parties that BWS is uniquely qualified to perform the services provided for in this Agreement. B BWS is and shall at all times remain as to the City a wholly independent contractor BWS shall not at any time or in any manner represent that it or any of its officers, LA :52056 � I -4- 045 employees or agents are in any manner employees of the City City acknowledges and agrees that the City Attorney, Assistant City Attorney and attorneys representing the City will need to represent to others their capacity and relationship to the City C In the performance of this Agreement, BWS shall not engage in discrimination in employment of persons because of the age, race, color, sex, national origin or ancestry or religion of such persons D Nothing contained in this Agreement shall be deemed, construed or represented by the City or BWS to any third person to create the relationship of principal or agent, or of a partnership, or of a joint venture, or of any other association of any kind or nature between the City and BWS, including an employer /employee relationship E This Agreement constitutes the entire agreement of the parties concerning the subject matter hereof and all pnor agreements or understandings, oral or written, are hereby merged herein This Agreement shall not be amended in any way except by a writing expressly purporting to be such an amendment, signed and acknowledged by both of the parties hereto F The City Attorney shall meet at least quarterly with the City Manager or the City Council, as requested, to review the performance of this Agreement G No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision No waiver shall be binding, unless executed in writing by the party making the waiver IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their representatives as follows ATTEST M CINDY MORTESEN CITY CLERK LA X52056 v CITY OF EL SEGUNDO, a General Law City -5- MIKE GORDON MAYOR 046 aP LA #52056 v I BURKE, WILLIAMS & SORENSEN, LLP im Im JOHN WELSH MANAGING PARTNER 047 EL SEGUNDO CITY COUNCIL AGENDA ITEM STATEMENT AGENDA DESCRIPTION: MEETING DATE: September 19, 2000 AGENDA HEADING- Consent Agenda Third amendment to existing Contract No 2640 extending the professional services contract with Cassidy & Associates for a period of twelve (12) months at a cost of $15,000 per month (fiscal impact = $180,000) RECOMMENDED COUNCIL ACTION. Approve extension and authorize Mayor to execute amendment following review by City Attorney as to form and content BACKGROUND AND DISCUSSION: Since November, 1998 the Washington, D.C. firm of Cassidy & Associates has contracted with this City to provide an on -going government relations program by establishing and maintaining a presence among key decision makers in the United States Senate and House of Representatives Their efforts are focused on obtaining Federal funding assistance for the Douglas Street Gap Closure and Railroad Grade Separation Project ($3 1 million is pending approval) ATTACHED SUPPORTING DOCUMENTS. 1 Copy of existing Professional Services Contract No 2640 with previous Amendment. 2 Proposed Amendment to Contract No 2640. FISCAL IMPACT. Operating Budget: $180,000 Amount Requested: $180,000 Account Number: 001 -400- 2901 -6407 (Traffic Mitigation Funds) Project Phase: Appropriation Required: Yes ORIGINATED BY i Date Andres Santamana. Director of Public Works SEP 12 1400 REVIEWED BY4CZna'ater Date. 7 Mary Strenn. PWSEPTEMBER1903 (Mwdxy9111100300PM) il4 8 AMENDMENT "C" TO CONTRACT NO. 2640 CASSIDY & ASSOCIATES THIS AMENDMENT to the AGREEMENT FOR PROFESSIONAL SERVICES (Contract No 2640) is made this 191" day of September, 2000, between the CITY OF EL SEGUNDO, CALIFORNIA ( "CITY") and CASSIDY AND ASSOCIATES (`CONSULTANT") and WHEREAS, the CITY on November 5, 1998 entered into a Professional Services Agreement with Cassidy and Associates to perform services as set forth in Exhibit "A ", Scope of Services of said Agreement, NOW, THEREFORE, the CITY and CONSULTANT do hereby agree to amend the AGEEMENT as follows 1. The term of the AGREEMENT is hereby extended to twelve (12) months to October 2, 2001 2 The CITY agrees to compensate CONSULTANT for services at a fee structure of $15,000 per month, not to exceed $180,000 With the exception of the above stated amendments, the AGREEMENT shall remain in full force and effect and be unaffected.by this AMENDMENT "C" IN WITNESS WHEREOF, this instrument has been duly executed as of the day and year first above written. CITY OF EL SEGUNDO CONSULTANT Cassidy & Associates Title. Mayor, El Segundo Title: ATTEST: Cmdy.Mortesen City Clerk (SEAL) APPROVED AS TO FORM: ark D He ley City Attorney N WMENDMUMCASSIDY.ASSOC AGR (WMG) 1 049 AMENDMENT "A" TO CONTRACT NO. 2640 2 ti 4 0 A •' CASSIDY & ASSOCIATES THIS AMENDMENT to the AGREEMENT FOR PROFESSIONAL SERVICES (Contract No 2640) is made this 5th day of October, 1999, between the CITY OF EL SEGUNDO, CALIFORNIA ( "CITY ") and CASSIDY AND ASSOCIATES ( "CONSULTANT") and WHEREAS the CITY on November 5, 1998 entered into a Professional Services Agreement with Cassidy and Associates to perform services as set forth in Exhibit "A ", Scope of Services of said Agreement, NOW, THEREFORE, the CITY and CONSULTANT do hereby agree to amend the AGREEMENT as follows The term of the AGREEMENT is hereby extended for four months to March 4, 2000 2. The CITY agrees to compensate CONSULTANT for services at a fee structure of $15,000 per month, not to exceed $60,000 With the exception of the above stated amendments, the AGREEMENT shall remain in full force and effect and be unaffected by this AMENDMENT "A" IN WITNESS WHEREOF, this Instrument has been duly executed as of the day and year first above written. CITY OF EL EGUNDO CC ` By Mike Gordon, Mayor ATTE T. C dy Mort n, Crq Clerk APPROVED AS TO FORM: rk D H ey, City Attoriiey 050 -.b4 U . . AMENDMENT "B" TO CONTRACT NO. 2640 CASSIDY & ASSOCIATES THIS AMENDMENT to the AGREEMENT FOR PROFESSIONAL SERVICES (Contract No 2640) is made this 8th day of March, 2000, between the CITY OF EL SEGUNDO, CALIFORNIA ( "CITY ") and CASSIDY AND ASSOCIATES ( "CONSULTANT") and WHEREAS the CITY on November 5, 1998 entered into a Professional Services Agreement with Cassidy and Associates to perform services as set forth in Exhibit "A ", Scope of Services of said Agreement, NOW, THEREFORE, the CITY and CONSULTANT do hereby agree to amend the AGREEMENT as follows. The term of the AGREEMENT is hereby extended for seven months to October 4, 2000 2. The CITY agrees to compensate CONSULTANT for services at a fee structure of $15,000 per month, not to exceed $105,000. With the exception of the above stated amendments, the AGREEMENT shall remain in full force and effect and be unaffected by this AMENDMENT "B ". IN WITNESS WHEREOF, this Instrument has been duly executed as of the day and year first above written CITY OF EL SEGUNDO ik'�— Mike Gordon, Mayor ATTEST. indy Mo en, ty Clerk AP4DH D AS TO FORM: a ey, At torney G 5 1 AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT, made and entered into this 6th day of October, 1998, between the CITY OF EL SEGUNDO, a municipal corporation, hereinafter referred to as "City" and CASSIDY & ASSOCIATES, hereinafter referred to as "Consultant" In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows 1 SCOPE OF SERVICES. Consultant agrees to perform the services set forth in its letter of September 28, 1998 to City, attached hereto as Exhibit "A" "SCOPE OF SERVICES" and made a part hereof. However, it is understood by City and Consultant that Consultant's work under this Agreement shall only relate to the Douglas Street Extension Project. Consultant represents and warrants that it has the qualifications, experience to properly perform said services in a thorough, competent and professional manner and shall, at all times during the term of this Agreement, have in full force and effect, all licenses required of it by law. Consultants shall begin its services under this Agreement upon mutual execution by City and Consultant of this Agreement. Consultant shall complete each of the services set forth in Exhibit A to the City's satisfaction. Further, Consultant shall complete the services set forth in Exhibit A strictly according to the schedule provided therein. NIAGREEMNT.MST _ 1 2640..•. 52 2 STATUS OF CONSULTANT Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control Neither City nor any of its officers, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees or agents, except as set forth in this Agreement Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. 3. CONSULTANTS KNOWLEDGE OF APPLICABLE LAWS. Consultant shall keep itself informed of applicable local, state and federal laws and regulations which may affect those employed by it or in any way affect the performance of its services pursuant to this Agreement. Consultant shall observe and comply with all such laws and regulations affecting its employees. City and its officers and employees, shall not be liable at law or in equity as a result of any failure of Consultant to comply with this section. 4 PERSONNEL Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant's staff assigned to perform the services hereunder and shall obtain the approval of the City Manager of all proposed staff members performing services under this Agreement prior to any such performance. W AGREEMNTAST -2- 2640.• -- C;53 5 COMPENSATION AND METHOD OF PAYMENT. Compensation to the Consultant shall be as follows Consultant shall provide services for the period of one (1) year, commencing upon mutual execution of this Agreement in consideration of payment of fifteen thousand dollars ($15,000) per month for total compensation of one hundred and eighty thousand dollars ($180,000), including expenses It is understood by City and Consultant that City's monthly payment of fifteen thousand dollars ($15,000) and total payment in the amount of one hundred and eighty thousand dollars ($180,000) shall include the City's entire obligation for reimbursement for all out -of- pocket expenses incurred by Consultant. In the event that the total amount of compensation for services -- rendered and expenses incurred by the Consultant exceeds one hundred and eighty thousand dollars ($180,000), Consultant shall formally request authorization of the City Council for additional funding under this Agreement. It is the intent of City and Consultant that Consultant's total invoices for any one (1) month shall not exceed fifteen thousand dollars ($15,000). To the extent that Consultant forecasts that future monthly invoice(s) shall exceed fifteen thousand dollars ($15,000), Consultant shall seek pre - approval in writing from the City Council to exceed fifteen thousand dollars ($15,000) in a particular month Such request shall be made in writing at least thirty (30) days prior to the month in which the fifteen thousand dollars ($15,000) per month limit is requested to be exceeded. Payments shall be made within thirty (30) days after receipt of each invoice as to all non - disputed fees. If the City disputes any of consultant's fees it shall give written notice to Consultant in thirty (30) days of receipt of a invoice of any disputed fees set forth on the invoice N %AGREEMNT.MST -3- 2640 - . ..J ��54 6 ADDITIONAL SERVICES OF CONSULTANT. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to the Douglas Street Extension, unless such additional services are authorized in advance and in writing by the City Manager Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services 7 ASSIGNMENT. All services required hereunder shall be performed by Consultant, its employees or personnel under direct contract with Consultant Consultant shall not assign to any subcontractor the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without the prior written consent of City Manager. 8 FACILITIES AND RECORDS. City agrees to provide: suitably equipped and fumished office space, public counter, telephone, and use of copying equipment and necessary office supplies for Consultant's on -site staff, if any WAGREEMNTAST -4- 2640.. .. - 55 Consultant shall maintain complete and accurate records with respect to costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts therefrom as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment 9 TERMINATION OF AGREEM NT. This Agreement may be terminated with or without cause by either party upon 30 days written notice. In the event of such termination, Consultant shall be compensated for non-disputed fees under the terms of this Agreement up to the date of termination. 10. COOPERATION BY CITY. All public information, data, reports, records, and maps as are existing and available to City as public records, and which are necessary for carrying out the work as outlined in the Scope of Services, shall be furnished to Consultant in every reasonable way to facilitate, without undue delay, the work to be performed under this Agreement. N 1AGREEMNT.MST _5_ 2640.... - 1i56 11 OWNERSHIP OF DOCUMENTS In the event of termination, suspension or abandonment of, this Agreement, all original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall, become the sole property of City With respect to computer files, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 12 RELEASE OF INFORMATION /CONFLICTS OF INTEREST (a) Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena If Consultant or any of its officers, employees, consultants or subcontractors does voluntarily provide information in violation of this Agreement, City has the right to reim- bursement and indemnity from Consultant for any damages caused by Consultant's conduct, including the City's attorney's fees. NAAGREEMNT.MST 2640...;I- 57 Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the City City retains the right, but has no obligation, to represent Consultant and /or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. (b) Consultant covenants that nerther they nor any officer or principal of their firm has any interest ►n, or shall they acquire any interest, directly or indirectly which will conflict in any manner or degree with the performance of their services hereunder. Consultant further covenants that in the performance of this Agreement, no person having such interest shall be employed by them as an officer, employee, agent, or subcontractor without the express written consent of the City Manager. 13. DEFAULT. In the event that Consultant is in default of any provision of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. N 1AGREEMNT.MST 2640, ��55 14 INDEMNIFICATION. (a) Consultant represents it is skilled in the professional calling necessary to perform the services and duties agreed to hereunder by Consultant, and City relies upon the skills and knowledge of Consultant Consultant shall perform such services and duties consistent with the standards generally recognized as being employed by professionals performing similar services. (b) Consultant is an independent contractor and shall have no authority to bind City nor to create or incur any obligation on behalf of or liability against City, whether by contract or otherwise, unless such authority is expressly conferred under this agreement or is otherwise expressly conferred in writing by City. City, its elected and appointed officials, officers, agents, employees and volunteers (individually and collectively, "Indemnitees ") shall have no liability to Consultant or to any other person for, and Consultant shall indemnify, defend, protect and hold harmless the Indemnitees from and against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses of whatever nature, including reasonable attorneys' fees and disbursements (collectively "Claims "), which the Indemndees may suffer or incur or to which the Indemnitees may become subject by reason of or ansing out of any injury to or death of any person(s), damage to property, loss of use of property, occurring as a result of the negligent or willful acts or omissions of Consultant, its agents, officers, directors or employees, in performing any of the services under this agreement. WAGREEMNTAST -8- 2640 . I- 059 If any action or proceeding is brought against the indemnitees by reason of any of the matters against which Consultant has agreed to indemnify the Indemnrtees as above provided, Consultant, upon notice from the CITY, shall defend the Indemnrtees at Consultant's expense by counsel acceptable to the City The Indemnrtees need not have first paid any of the matters as to which the indemndees are entitled to Indemnity in order to be so indemnified The insurance required to be maintained by Consultant under paragraph 15 shall ensure Consultant's obligations under this paragraph 14(b), but the limits of such insurance shall not limit the liability of Consultant hereunder The provisions of this paragraph 14(b) shall survive the expiration or earlier termination of this agreement It is understood that CASSIDY cannot undertake to verify all facts supplied to it by THE CITY or related entities or all factual matters included in materials prepared or used by us and approved by THE CITY or related entities THE CITY agrees to indemnify and hold harmless CASSIDY from and against any and all losses, claims, damages, legal fees, expenses, or li 15 INSURANCE. A Insurance Reouirements Consultant shall provide and maintain insurance acceptable to the City Attorney in full force and effect throughout the term of this Agreement, against claims for injuries to persons or damages to property which may anse from or in connection with the performance of the work hereunder by Consultant, its agents, representatives or employees. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII. Consultant shall provide the following scope and limits of insurance. (1) Minimum Scope of Insurance Coverage shall be at least as broad as (a) Insurance Services Office form Commercial General Liability coverage (Occurrence Form CG 0001). (b) Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, including code 1 "any auto" and endorsement CA 0025, or equivalent forms subject to the written approval of the City. (c) Workers' Compensation insurance as required by the Labor Code of State of California and Employer's Liability insurance and covering all persons providing services on behalf of the Consultant and all risks to such persons under this Agreement NAAGREEMNT.MST -10- 2640 661 (2) Minimum Limits of Insurance Consultant shall maintain limits of insurance no less than. (a) General Liability $1,000,000 per occurrence for bodily injury, personal injury and property damage If Commercial General Liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the activities related to this Agreement or the general aggregate limit shall be twice the required occurrence limit. (b) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. (c) Workers' Compensation and Employers Liability. Workers' Compensation as required by the Labor Code of the State of California and Employers Liability limits of $1,000,000 per accident. B Other Provisions. Insurance policies required by this Agreement shall contain the following provisions: NAAGREEMNTAST -11- 26&0.... _ 06 2 (1) All Policies Each insurance policy required by this paragraph 15 shall be endorsed and state the coverage shall not be suspended, voided, canceled by the insurer or either party to this Agreement, reduced in coverage or in limits except after 30 days' prior wntten notice by Certified mail, return receipt requested, has been given to the City (2) General Liability and Automobile Liability Coverages (a) City, its officers, officials, and employees and volunteers are to be covered as additional insureds as respects: liability ansmg out of activities Consultant performs, products and completed operations of Consultant; premises owned, occupied or used by Consultant, or automobiles owned, leased or hired or borrowed by Consultant. The coverage shall contain no special limitations on the scope of protection afforded to City, its officers, officials, or employees. (b) Consultant's insurance coverage shall be primary insurance as respect to City, its officers, officials, employees and volunteers. Any insurance or self insurance maintained by City, its officers, officials, employees or volunteers shall apply in excess of, and not contribute with, Consultant's insurance. W AGREEMNT.MST -12- 2640 C< 6 3 (c) Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurers liability. (d) Any failure to comply with the reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers (3) Workers' Compensation and Employer's Liability Coveraae. Unless the City Manager otherwise agrees in writing, the insurer shall agree to waive all rights of subrogation against City, its officers, officials, employees and agents for losses ansing from work performed by Consultant for City. C Other Requirements. Consultant agrees to deposit with City, at or before the effective date of this contract, certificates of insurance necessary to satisfy City that the insurance provisions of this contract have been complied with. The City Attorney may require that Consultant fumish City with copies of original endorsements et%cting coverage required by this Section. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. City reserves the right to inspect complete, certified copies of all required insurance policies, at any time. N 1AGREEMNT.MST -13- 2640.... 664 (1) Consultant shall fumish certificates and endorsements from each subcontractor identical to those Consultant provides (2) Any deductibles or self - insured retentions must be declared to and approved by City At the option of the City, either the insurer shall reduce or eliminate such deductibles or self - insured retentions as respects the City, its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims. (3) The procuring of such required policy or policies of insurance shall not be construed to limit Consultants liability hereunder nor to fulfill the indemnification provisions and requirements of this Agreement 16. ENTIRE AGREEMENT. This Agreement is the complete, final, entire and exclusive expression of the Agreement between the parties hereto and supersedes any and all other agreements, either oral or in writing, between the parties with respect to the subject matter herein. Each party to this Agreement acknowledges that no representations by any party which are not embodied herein and that no other agreement, statement, or promise not contained in this Agreement shall be valid and binding. N.IAGREEMNTAST -14- 2640...) - 065 17 GOVERNING LAW. The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the Los Angeles County Superior Court 18 ASSIGNMENT OR SUBSTITUTION. City has an interest in the qualifications of and capability of the persons and entities who will fulfill the duties and obligations imposed upon Consultant by this Agreement. In recognition of that interest, neither any complete nor partial assignment of this Agreement may be made by Consultant nor changed, substituted for, deleted, or added to without the pnor written consent of City Any attempted assignment or substitution shall be ineffective, null, and void, and constitute a matenal breach of this Agreement entitling City to any and all remedies at law or in equity, including summary termination of this Agreement. 19 MODIFICATION OF AGREEMENT. The terms of this Agreement can only be modified in writing approved by the City Council and the Consultant. The parties agree that this requirement for written modifications cannot be waived and any attempted waiver shall be void. N 1A6REEMNT.MST -Is- 066 2640....; 20 AUTHORITY TO EXECUTE. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he /shelthey has /have the authority to execute this Agreement on behalf of his /her/their corporation and warrants and represents that he /she/they has /have the authority to bind Consultant to the performance of its obligations hereunder 21. NOTICE . Notices shall be given pursuant to this Agreement by personal service on the party to be noted, or by written notice upon such party deposited in the custody of the United States Postal Service addressed as follows: Cjtv- Attention: Ed Schroder Public Works Department City of El Segundo 350 Main Street El Segundo, California 90245 Telephone (310) 322 -4670, extension 230 Facsimile (310) 322 -4167 Consultant. Cassidy & Associates Attention: James P. Fabiani 700 Thirteenth Street, NW, Suite 400 Washington, D.C. 20005 -5917 Telephone: (202) 347 -0773 Facsimile: (202) 347 -0785 N•WGREEMNT.MST -16- 1 0 6 1 2640 ,- The notices shall be deemed to have been given as of the date of personal service, or three (3) days after the date of deposit of the same in the custody of the United States Postal Service 20 SEVERABILITY. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of the other provisions of this Agreement IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF EL SEGUNDO CONSULTANT: Cassidy & Associat By By A � Title Mike Gordon, Mayor P. abiani President & CEO ATT 5T. C dy Mort rfiedy , Cit Jerk O FORM: Mark D. Hensley, City mey NAAGREEMNT.MST -17- 2 6 4 0 S 06F %,-, z3CO1161T .aW,a CASSIDY&ASSOCIATES JAMES F FABiANI VKe Outman Pmsdenr b. CEO Honorable Michael Gordon Mayor city of El Segundo 350 Mann Street El Segundo, CA 90245 Mr. John Garnet Councilman y City of El Segundo 350 Main Street El Segundo, CA 90245 Dear Sirs September 2g, 1996 I appreciate you and your colleagues takmg the time to meet with Al Gordon, valene Osbome and myself to discuss ways in which Cassidy & Associates can work with the City of EI Segundo to establish successful partnerships with the federal government We enjoyed our discussion and look forward to the opportunity of working with you to pursue a number of the City's short- and long -torn infrastructure and cconortuc development goals. With this leua I would like to provide information about the manner in which Cassidy & Associates would propose to work with the City of El Segundo- As we discussed, it is unportant to begin woddag ASAP in order to best position ourselves with the legislative and appropreations agenda for the 1066 Congress as well as to initiate efforts anih the Executive Branch and federal agencies regarding the President's FY 2000 budget � CASSIDY & ASSOCIATES— A TEAM APPROACH Cassidy & Associates optxata using a tcatti approach that has been refined ova the past twenty -four years. The City of El Segundo will be assigned a "tort twin" of four to five individuals who will develop and implement a goveaarruent affairs program on its behalf. This team will stave as the primary daily point of contact for the staff of the City of El Segundo and will help to provide a unified voice to Capitol Hill and various executive agesuwes. AD InDiftw Ow"i Cewiv 700 TMATEWTH STREET. NW. SUITE 400 WASM0I0N. DC 20005 -5917 Tekplwoe 20VM7-0713 Fax:202M? -MO5 2 6 L 0 it69 September 28,1998 Page Two They will not, however, be the only individuals working on behalf of El Segundo's interests. The full knowledge, expertise and working relationships of the Baum firm will be utilized an behalf of the City. individuals will be brought onto the core team when that political experience or policy expertise wiH have the roost impact. Examples of potential Cots team membm include: 1 ■ GAeost J. RoZA - Mr. Raze has nineteen years of experience in the Executive and legislative Brancba of government, including nearly ten yeas with the Commnttee on Public Works and Transportation of the U.S. House of ReprexenMve. Pnor to his work on Capitol Hill. Mr. Ron spent lea years to the headquarters of the U.S. Army Corps of Engmxrs, serving the last five years as Assistant Counsel for Legislation IN DAXML J. MCNAMARA — Prior to joining Cautsidy & Assooianx in 1969, Mr. McNamara spent fourteen yeas in the United Sinus Senate, moo recently as a key policy adviser and Legnlshve Duccl r to U.S. Senator Dave Durenberger (R -MN). Mr. McNamssa served as the Scam ols staff person on the Senate Committee on Envua=cm and Public Works, where he speraahzad in transportation and whastnaatae issuex. ■ JoaN S. DoYLr, JtL — Mr. Doyle served for more than SSeem yeas in senior staff positions in the U.S. House of Repsscmstives, inchuUg Chief of Suff to the Committee on Public Works and Transportation; Chief Counsel to the Conuitanse an Science, Space and Techoolog , and Muaartty Counsel for Water to the Commune on Public Works and Traasporuation. Mr. Doyle also y served as principal Deputy Assistant Saaetary of the Army (Civr7 Works) and as Acting Secretary of the Army (Cavil Works) during the Reagan and Bash admrnrstrauons. ■ M"TY Russo — Mr. Russo represented the Chiago-basod Third District in the House of Represeattanvan for e:aghtm yeas, dastmguubft himself by his anvolvennent an public policy issues such as cumv, tax policy, Federal budgets, health care. environmental policy and trade. Mr. Rum served on the House Commtzcce Committee and was on the Subconinuu tee an Oversight and Investigations, Energy, TelmommumCations, and Ttaaaponstion. During his cengramonal tenure, Mr. Rosso also saved on the House Ways do Means Commutoe, the House Budge Commrmes, on the House Judiciary Communes and was the Deputy Damoeranc Whip of the U.S. House ofRepreseatatrva. .. 2640..., 070 September 28, 1991 Page Three ti `-' ■ Dart TAT&, ]A — prior to jointing Cassidy dt Associates earlier this year, 14r. Tate saved as a Special Assistant to the President of the United States for Legtslanve Afiarrs. Prior to has work at the White House, Mr. Tate was the Deputy Assmaat Secretary for House Liaison at the U.S. Department of Energy and a former Legislative Director for U.S. Representative WJ. 'Billy" Tauan (D -LA). ■ W. Cmtts WIMR L MOM - Mr. Lamoad served as Legislative Cotttspondent for U.S. Senator Fled Tbompson (R -IM 5om December 1994 through 1997 where he researched and tracked legislation on health care, the envroamen4 the Federal budget, uaxes, banking, labor and education. Daring his tenure he developed strong and effective ties w the Semare Republiesn delegation. Cassidy & Associates believes that for client; to be successful and achieve their ob)muves relative to the federal government, they must have a basic government rclanons program that establishes and maintains m ongoing edfoet and presemce atttamg key derision- makers in the U.S. SDVCMmemL These decision - malts:: include McMbers of both Houses of the Coupes and their staffs, and employees of a manber of key y federa) agencies. To accomphsb tins, we begin working with our clients by folly assessing their pnontics aad appottunittes through a needs assessment or "Resource Inventory" process. While that process continues to evolve over the course of a relationship, we focus our activity within the fast 30 days in order to make a series of rec one about specific initiatives we would pursue and the level of federal support that should be targeud for develop==L This is followed the effective implementation of a well- design govcr=cnt relations plan. The key elements of this plan include: 1. NEEDSASSESSMENT/RuouPzELYVEmRY We will conduct a series of interviews on site to determine the needs and gook of the City, mcludmg the details and nuances of the priority projects. 2. • MFSSAGr DEvEL0?MrA''T Following the Resource inventory, are will wont to develop a cleat and concise se► of messages on the Citys priority initiatives. These messages will be used to promote the inittativcs in Congress and within the Adrntnist anon ti 2640 071 44 Saptemba 28, 1998 Page Four 3. STRATEGY DEVELOPM IXT We will develop a comprehensive strategy for pursuing the OWS short- and long- term goals. Key strategnc activities include_ Defining the inmauve(s): • Identifying multiple and redtmdant, as well as diverse potential sources of fa duigo"Mcrship within the federal government; • providing the appropnate justification for the mtuative's request for finding: and • ldeatifymg and working with the key members of Congress who will be instrumental in the consideration and ultimate passage of the spccnfic legislative vchicle(s). y 4. LEGisLATIVEAcTIv1T= Key initial activities we will undertake on behalf of the City include: • Writing Case Statement documcots that describe in greater detail the Clements of the tn►tuuive(s) as well as a justification for finding: • Designing the legislative strategies that would position our clients to attract federal dollars for the partnership, and • Working with the City through both the legislative process and the grant approval and release process with the Federal agencies. s. MATERIALS DEV LLOPMENT In addition to the "Case Statement," we will work with the City to prepare other materials that can augment our efforts on Capitol Hill (i e.. fact sheets, white papers, thud -party testimonials, letters, and draft bill language). fi Co1GRnwoNAL CoALmoN BMLDv4G We will work to identify key Members of Congreac to act as "champions" for the City's priority initiatives. We will also work to build a ncrw ark of support for the uuuauvcs both within the California Delegation (including the individual who will replace retiring Representative Jane Harman) as well as the Congress at large. I. THTRD -PARTY ALLY DEVELOPNRNr We will work with the City to build a coalition of thud -parry all= from among key state and local constituencies, for example. the local busman" cominuntty (e.g., Mattel, Xerox, Unocal, Hughes and CSC). 26 40 G7? September 28,19" Page Five Finalhy, an important element of nay successful governmental relations strategy is the active involvement of the chain to the process. To ensure the greaten degree of parbupabon by Ilia client as well as the greatest dW= of support fmin Members of Congress, we conduct twice yearly visits to Capitol Bill. At this time a small Stoup of representatives from the client and its ban of supporters come to Capitol Hill to present char uutiative(s) and to interact personally with their swpportess. score OF WORK Though I do not with to pMudge our Rasomse Inventory, our discussion led us to believe that the City's prionty ioitisuve and tbereforc the focus of our legislative efforts is the Douglas Steed Extension. We believe that these are several opportunities for the City to pursue federal partnerships for this initiative. a • a a 4-tr It is clear that the completion of the Douglas Sueet cacsision is a top priority. The City of El Segundo is undergoing aggressive anomie deveiopown east of Sepulveda Boulevard and north of Rosecrans Avenue- This commeneial development• as well as conversion of defense mduanes to eavAian employment is ptojeetod to Cmitinuo The result will be increased vehicular and pedett m traffic cads. The extension of Douglas Stmt provides critical access to El Segundo's employment center and wi71 be key to the continued a coonmie dcvclopmcat of the City. In fact. without the tnnmsion, continued economic growth would become virtually impossible. As a result, Cassidy & Associates proposes to work with the City to am= federsi fiords for the extension of Douglas Street in fiscal year 2000. Potential legislative velucles include- • FY 2000 Department of Traospartabmn Appropriations • FY 2000 Depa tmcat of Defense Appropiiatiems; Hate Realigstment and Closure • FY 200o Depan= mt of Housing and ihbm Development Approprianots; Economic Development hutunve • F YY 2000 �Decp intent of Commerce Appn�ispoat; Economic Development • TEA -21 Technical Corrections Authorization G 73 - 2640.... September 28,1998 Pap Srr • Y m+ HISTDRY AIND BACKGROUND yThe Cassidy Companies, lac. is an employ= owned network of public affairs fums providing government relations, public relations, public opinion research and coosuauocy development services. Now in our 20 year of operation, the firm employs approximately 200 individuals, utcludmg ours 70 goverameat relations professionals to assist our cheats is obtaining their WVsWave and regulatory goals. At the core of the Cassidy Companies is Cassidy & Associates. Cassidy & Associates provides a full range of strategic and tactual counseling. issues monitoring and legislative services on behalf of our clients. Our approach is dif %root than most other 6ovemm st affairs fume and this distinction makes as well suited to provide services to the City of El Segundo. We have made it our business to bring a stramgw approach, infaamed by substantive expertise, to the pohncal market Accordingly, on behalf of our clients, we often play a leadership Wit in developing pm=uve approaches for achieving broad public policy objectives. Cassidy & Associates' successes on behalf of its clients flow dis=dy fisom a unique combination of political awareness, eommtm cations expertise, legislative acumen and an understanding of the nature and function of the federal government- It will be our objective to work with the City of El Segundo to enter into funding parwaships with the federal government and to create for the City a strong and consistent voice in Washington CONSIDERATION . Our fees arc based on the scope of the eagagement and the compl=ity of the assigaments The fees and time period established are based upon our assessment of the amount of tune ad resources it will take to develop and executer projects on your behalf. 1 have reviewed the City's sample agreement for professional services, not including the mfcrc=cd exhrbiu, and do not anticipate any problems to our ability to proceed Again, I appreciate having the opportunity to ham about the specific needs of the City of El Segundo. I believe we can play a significant role in the City's government relations efforts and are eaga to begin work at your issues. If you have any concerns or questions, please feel free to contact are at 202rl37 -037. t1, 7 2640.••• EL SEGUNDO CITY COUNCIL MEETING DATE: September 19, 2000 AGENDA ITEM STATEMENT AGENDA HEADING: Consent AGENDA DESCRIPTION: Authorize staff to continue to purchase medical supplies from single source vendor, PMX Medical Fiscal Impact: Not to exceed $25,000 annually. RECOMMENDED COUNCIL ACTION: Authorize staff to piggyback on the Fremont Pricing Contract Bid #97 -OB5 through September 30, 2001 BACKGROUND AND DISCUSSION- On January 1, 1998, the El Segundo Fire Department began the process of procuring and storing its own medical supplies as mandated by the County of Los Angeles, Department of Health Services, Emergency Medical Services Agency. In 1997, 1998,1999, and 2000, the El Segundo Fire Department researched vendors for procurement of medical supplies at a reasonable cost and timely delivery. PMX Medical was the vendor selected and is the vendor currently providing medical supplies to the City of El Segundo Fire Department Medical supplies have been delivered within 5 days of the order being placed and a 3% discount is applicable on invoices paid within 30 days. The Fire Department has been very satisfied with the service and prices of this vendor and recommends that we continue to procure our medical supplies from PMX Medical. We request authorization to continue purchasing from PMX Medical from October 1, 2000 through September 30, 2001. ATTACHED SUPPORTING DOCUMENTS: 1 Fremont Contract Bid # 97 -085 (Purchase Order A00 -241) FISCAL IMPACT: Operating Budget: Yes Amount Requested: $25,000 Account Number: 001 -400- 3203 -5204 Project Phase: Appropriation Required: No ORIGINATED: /1 DATE: Craiq S. Pedeqo, Fire-Chief -' 310 V 075 08/29/2000 09:18 18582740906 VICKY MILLER PAGE 02 10:24P PMX MEDICAL MjW City of Fremont PC) +GOo on>, Fremonr ��� Cah;ornL194557 REVISED PIIONF SI0)494 -47GJ FAX 15.0; 494.4';6 n PROP41M 731 MARKETPLACE STE 293 \ R&MON CA 94583 9215-665-1309 P.02 PURCHASE ORDER NO SHIP TO QTY OF FREMONT FIRE DEPARTMENT FIRE STATION 04 1000 PINE ST FREMONT CA 94539 AOU -241 (PAGE I OF 2; DJSINESS LIOENSE & EX- IFkrL0N = E C„'S i ON NJMBER 8L)NJMBEB INSURANCE EUPIW ON DATiB RG"IREDDEL'YERY DOTE 711199 9737 97 -DRI; SA.DAYS AJU�— — VENC:iR NC VENOOR PHONE FAX TERM6 IUNITI ANNUAL PURCHASE 0FXW EFFECTIVE JULY 1, 2000 UNT1 JUNE 30, 2001 FOR MEDICAL SUPPLIES AS REQUIRED BY THE FREMONT FIRE DEPARTMENT, IN ACCORDANCE WrM THE PRICES, TERMS AND CONDITIONS OF BID 097 -095 SUBMITTED MAY 22, 1997, AND AS PER PRICE CHANGE REQUEST DATED NNE 12, 2000 AND AS AUTHORUM BY THE FIRE' CHIEF OR FIIS DESIONATED ! REPRESENTATIVE I I ORDEPS WILL BE PLACID AS NEEDED f THROUGFIOUT THE CONTRACT PERIOD. PAYMENT WILL BE MADE AS; �K9WHANDISE AND INVOICES ARE I RECENED IN GOOD ORDER SHIPPING j CHARGES FOR RETURN OF DAMAGED OR INCORRECT ITEMS SHALL HE THE RESPONSIBIIITY OF THE VENDOR. SUBSTITUTIONS ARE NOT ACCEPTABLE WITHOUT SPECIFIC PRIOR APPROVAL OF DEPARTMENT MEDICAL COORDINATOR CONTRACT PERIOD SHALL NOT EXCEED JUNE 30,1001 MAIL FAX PURCHASE ORDER NUMBER MUST APPEAR ON ALL INVOICES AND SHIPPING DOCUMENTS - c'EVC_ASE FOR TERMS AND CONDITIONS 0012223 5190 Two elonetarea required I• amount evicewe SS ooc VEI,ina14 cop ✓ U 7 f a a 08/29/2000 09 18 18582740906 -16 -00 20:24P PMX MEDICAL idW City of Fremont PO tint °remonl Cah(o�ni.1945+' Lalif a�. PHUnC 51��:.94 -476C i� TAX 5'0)494 -4 -5n PROMEDIX INC 231 MARKEMACE STE 293 SAN RAMON CA 94583 BEOJiWT-ON NOMBER 1119 NUMBER $9322_3 0711R„Tj_ VENDOR NC "MN _ 5710 1VANT7,Y JNrt! DEWS VICKY MILLER PAGE 03 925 -855 -1309 P.03 PRICE INCREASES MAY BE CONSIDERED UPON 30 DAYS WRITTEN NOTICE WITH VERIFICATION OF MANUFA=JR0vS INCREASE CONTRACT MAY BE CANCEIS.ED BY MIM PARTY WITH N THIRTY (30) DAYS WRITTEN NOTICE CITY CONTACT' TOM MULVUEU 510.791 -4302 REPIACES P O P99 -257 RECEIVING FIRE DEPARTMENT CC TOM ML'LVlHII1„ STATION M4 MA'L -'r1 FAX r] PURCHASE ORDER NUMBER MUST APPEAR ON ALL VOICES AND SNIPPING DOCUMENTS SE-66FRSE FOR TERMB AND CONDITIONS PURCHASE ORDER NO SHIP TO CM OF FREMONT FIRS DEPARTMENT FIRE STATION 04 1000 PINE ST FREMONT CA 94539 VARIOUS A00 -141 (PAGE 2 OF 2) BUSdvESS .ICCNSE a EYFIRATON RECJI4E[ OEOVERY DA'e unuT DJ ING AUEN7 FNA IAL 0 DIAE�ER Two signatures requlretl A an10Jnt 8xCBa08 $5 000 In- t.. -H;ti GOP„ 08/29/2000 09:18 18582740906 VICKV MILLER PAGE 04 Jul -16 -00 10:25P PMX MEDICAL y b4 C" K v 925 -855 -1309 NI6 O b a 01'�'► wlwNi 'r OINi� ^+d'�ja'AI w'N riOlVlr ".�I 011a aIWiN r N N r,n ItT1 UININ'N NI �VQIIN IT -' r +'�I�'� et'���nn n'm'O Ornrn1V�rrtt"�V�nnI'�U�rnr'olm�o1 o N'm1Pf1lo ���l1imlm107� 1mninn�1i�o1nnfm1of1fm0m o�m0'�rnIP �1Om1�N�� °limon D > D D D yIDID D D,D y'�' D�Dj DIDINIDID 0'c, 0,0101CY0p10oI0'cpp�Ice� cp�lc, oim'�Im�iai�_,P1Q!EIP'� IwM Or� N am., W V �lO O'dl�l�l �'I pbIV Ii./1 {N{J� NNI(Ny� N O +'z I . +j4 1P rIW VINIt'r �IAIPIAiN'�iNle'� 3 z, ED to M M ca ail mlm'tAIDID'D TES S'2 S .. 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I I I I 1 L 1 Cl) ID�D A D�N D � Imim SIM ic m�N�mi 1 I Iql 1�I1 A l MCI Will b rC � �y d \J N 0 N Z O 0 GRd EL SEGUNDO CITY COUNCIL MEETING DATE: September 19, 2000 AGENDA ITEM STATEMENT AGENDA HEADING. Consent Agenda AGENDA DESCRIPTION. Amendment to Contract Fees with MRH Structural Engineers for providing plan review services total cost not to exceed $ 135,000 for fiscal year 2000 - 2001 RECOMMENDED COUNCIL ACTION* Approve Amendment to Contract Fees The services performed by MRH are acceptable and recommend continuing the use of their services for one year BACKGROUND & DISCUSSION MRH Structural Engineers currently collects a portion of the plan review fee the city collects for each project they review. This will amend their existing and current contract and reduce the overall fees MRH Structural Engineers charges to the city A savings of 40% in fees charged to the city is expected ATTACHED SUPPORTING DOCUMENTS. Amendment No 1 to contract 2625 Operating Budget $266,150 Amount Requested $135,000 Account Number; 001 -400- 3301 -6214 Project Phase: N/A Appropriation required, N/A ORIGINATED- DATE: September 7, 2000 Se more r�u JIB Building Safety Manager 4am;s Hansen (Community, Economic and Development Services Director REVIEWED BY. DATE: .9112-100 9 Mary renn, City Manager 085 AMENDMENT NO.1 TO CONTRACT NO. 2625 AGREEMENT FOR PROFESSIONAL SERVICES — MRN INC. This AMENDMENT NO 1 to the AGREEMENT FOR PROFESSIONAL SERVICES (Contract No 2625) is hereby entered into this 19'" day of September, 2000, by and between the City of El Segundo ( "City ") and MRH Structural Engineers ( "Consultant ") WHEREAS, on August 18, 1998 the City and Consultant entered into an Agreement for Professional Services ( "Agreement') NOW THEREFORE the City and Consultant do hereby agree to amend the Agreement, as follows FEES Valuated Reviews For permit applications where fees are based on protect valuation, Consultant shall provide the above service based upon a percentage of the total of the standard plan check fees charged by the City for each application reviewed, and any final adjustments due to revised valuations Standard fees are the basic City fees prior to any discounts given to the applicants Consultant fees shall be per the following fee schedule, Project Valuation Consultant % of City fee up to $500,000. 40% $500,001 to $1,000,000 32% $1,000,001 to $2,000,000 . . 30% $2,000,001 to $3,000,000 . 29% $3,000,001 to $4,000,000 . . 28% $4,000,001 to $5,000,000 27% $5,000,001 to $6,000,000 .. ... 26% $6,000,001 to $7,000,000 .. . 25°% $7,000,001 to $8,000,000 24% $8,000,001 to $9,000,000 .. .... .. 23% $9,000,001 to $10,000,000 . .. . . 22% Over $10,000,000 20% 6? 6 Quantity Count Reviews- For permit applications where fees are based on project item quantities (mechanical, electrical, plumbing, and grading), Consultant shall provide the above service based upon 50 percent of the total of the standard plan check fees charged by the City for each application reviewed, and any revised final quantity adjustments Standard fees are the basic City fees prior to any discounts given to the applicants Hourly Reviews For permit applications and follow -on deferred item or field change submittals where fees are not based on project valuation, Consultant shall provide the above services for an hourly rate of $60 00 per hour Accelerated Fees For all reviews requested to be accelerated Consultant shall provide the above service based upon 50 percent of the total of the accelerated plan check fees charged by the City, for Consultant hours only, prior to any discounts given to the applicants All terms and provisions of the Agreement which are not inconsistent or in conflict with this Amendment No 1 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 IN WITNESS WHEREOF, this Amendment No 1 has been duly executed by the parties hereto in El Segundo, California CITY CITY OF EL SEGUNDO By Mike Gordon, Mayor Date- ATTESTED Cindy Mortesen, City Clerk APPROVED AS TO FORM rk ens , City Attom*- CONTRACTOR. MRH Structural Engineers By tea Title PTt,tilci ��� Date- g / 3 I / CDC) 11 R EL SEGUNDO CITY COUNCIL MEETING DATE' September 19, 2000 AGENDA ITEM STATEMENT AGENDA HEADING- Consent Agenda AGENDA DESCRIPTION: Approval of Service Agreement with the City of Redondo Beach /South Bay Youth Project, to provide counseling services to El Segundo youth and families between September 7, 2000 and June 30, 2001 at a cost of $27,498 RECOMMENDED COUNCIL ACTION- Approve Service Agreement and authorize the Mayor to sign service agreement with the City of Redondo Beach /South Bay Youth Project BACKGROUND & DISCUSSION As part of the Fiscal 2000 -2001 budget, the City council approved youth and family counseling services on a part time basis during Fiscal 2000 -2001 as a contract service As in 1999 -2000 Service Agreement, this year's contract will provide for the onsite counselor during the school year September 7, 2000 through June 30, 2001, with extensions available for emergency situations during summer months The counselor under this contract, will be a certified Masters Level Social Worker (MSW) and continue networking with the police department, school district and recreation and parks department, conducting a monthly juvenile diversion meeting, providing statistics and act as a community liaison The South Bay Youth Project counselor, under City's service agreement, will continue to provide counseling, intake and referral services The SBYP counselor will also work with the planning Department to handle the Community Development Block Grant counseling program The City will maintain the continued service of an on site professional counselor 20 hours per week, Monday through Friday, which will continue to provide a high level of service to the community ATTACHED SUPPORTING DOCUMENTS: Service Agreement with the City of Redondo Beach /South Bay Youth Project FISCAL IMPACT: $27,498 Operating Budget: Amount Requested: $27,498 Account Number. 001 - 400 - 5205 -6206 Appropriation Required: Approved: 2000 -2001 Budget 1. of Recreation and Parks 20000919 �� /, 10 0 RS PUBLIC SERVICE AGREEMENT BETWEEN THE CITY OF EL SEGUNDO AND THE CITY OF REDONDO BEACH/THE SOUTH BAY YOUTH PROJECT This Agreement, made and entered into this 19' day of September. 2000. b} and betµ een the City of El Segundo, a municipal corporation (CITY), and the City of Redondo Beach a chartered municipal corporation, ( REDONDO BEACH) acting as the sponsoring agency for THE SOUTH BAN' YOUTH PROJECT WHEREAS CITY OF REDONDO BEACH/ THE SOUTH BAY YOUTH PROJECT possesses the knowledge, expertise, and experience to provide the program services necessary for the successful operation of the counseling program and is desirous of furnishing these services, NOW, THEREFORE, in consideration of the foregoing recitals each of the parties herein set forth, the parties hereto do mutually agree as follows SERVICES THE CITY OF REDONDO BEACH/THE SOUTH BAY YOUTH PROJECT will utilize CITY funds to contract for counseling services for El Segundo residents for a period of ten months beginning September 19, 2000 through June 30, 2001 The following services will be provided in accordance with the conditions herein set forth A Conduct initial assessments of high -nsk youth and their families and recommend appropriate counseling services, and/or B Refer high-risk youth and their families to professional, bona -fide therapists for further consultation, if necessary and where appropriate C Maintain individual counseling case load D Network with El Segundo Teen Center. El Segundo Unified School District, El Segundo Police Department and other local entities The above services must be provided to the City of El Segundo residents All client information, name, address, age, phone and recommendations will remain on file. Invoicing to the City for all referrals and direct counseling services are to be included in three (3) separate payments of $9,166 the ten (10) month period. The counselor is under the direct supervision of THE CITY OF REDONDO BEACHiTHE SOUTH BAY YOUTH PROJECT Confirmation of services available, schedule and assignments are developed by the Recreation Superintendent Hours of operation are Monday through Friday, four (4) hours per day Community networking, school site visits, Teen Center visits are to be conducted on an as needed basis, throughout the stated ten (10) month frame Contract Number South Bay Youth Project 9/11/00 S13YP Agreement 2000 -2001 ` 8 9 II TIME OF PERFORMANCE Said services contracted with THE CITY OF REDONDO BEACH/THE SOUTH BAY YOUTH PROJECT under this Agreement shall be provided for ten months per year for a one year period commencing September 19. 2000 and ending June 30. 2001 III COMPENSATION AND METHOD OF PAYMENT CITY shall reimburse THE CITY OF REDONDO BEACHfTHE SOUTH BAY YOUTH PROJECT three (3) times per year in an amount not to exceed $9.166 per payment, which shall constitute full and complete satisfaction of the obligations under this Agreement, totaling at $27,498 annually Pavments shall be made by CITY OF EL SEGUNDO to THE CITY OF REDONDO BEACHTHE SOUTH BAY YOUTH PROJECT in installments pursuant to the following After services have been rendered by THE CITY OF REDONDO BEACH / THE SOUTH BAY YOUTH PROJECT a detailed invoice (exhibit A) on form provided by CITY shall be submitted to CITY CITY will then process payment to THE CITY OF REDONDO BEACH/ THE SOUTH BAY YOUTH PROJECT based upon said invoice Payment will be made to THE CITY OF REDONDO BEACH/THE SOUTH BAY YOUTH PROJECT in the amount of the invoice as approved by CITY No person performing services for the City in connection with this Agreement shall have a financial or other personal interest other than his or her employment or retention by the City in any contract or subcontract in connection with this Agreement No officer or employee of such person retained by the City shall have any financial or other personal interest in any real property in which the plans of said property are being checked in connection with this Agreement PROGRAM EVALUATION AND REVIEW THE CITY OF REDONDO BEACHIME SOUTH BAY YOUTH PROJECT shall make performance, financial, and all other records pertaining to this Agreement available to CITY personnel, and allow said CITY personnel to inspect and monitor its facilities and program operations. THE CITY OF REDONDO BEACW THE SOUTH BAY YOUTH PROJECT agrees to submit to CITY all data necessary for complete program evaluation. THE CITY OF REDONDO BEACH/THE SOUTH BAY YOUTH PROJECT agrees to submit to CITY quarterly reports. VI TERMINATION AND TERMINATION COSTS This Agreement may be terminated at any time by either party upon giving thirty (30) days notice in writing to the other party CITY may immediately terminate this Agreement upon the termination, suspension, or substantial reduction in funding for this Agreement or if, for any reason, the timely completion of the work under this Agreement is rendered improbable, infeasible, or impossible. In such event, THE CITY OF REDONDO BEACH/ THE SOUTH BAY YOUTH PROJECT shall be compensated for all services rendered and all necessarily incurred costs performed in good faith in accordance with the terms of this Agreement that have not been previously reimbursed to the date of said termination Contract Number South Bay Youth Project 9/11/00 2 SSYP Agreement 2000-2001 090 VII LIABILITY A CITY shall not assume any liability for direct payment of any salaries. wages. or other compensation to any THE CITY OF REDONDO BEACHITHE SOUTH BAY YOUTH PROJECT personnel or sub - contractor performing services hereunder for CITY. or any liability other than provided for in this Agreement B CITY shall not be liable for compensation or indemnity to any CITY OF REDONDO BEACH/THE SOUTH BAY YOUTH PROJECT employee or subcontractor for injury or sickness ansmg out of his/her employment, or for any negligent actions of THE CITYOF REDONDO BEACH/THE SOUTH BAY YOUTH PROJECT or its employees C All persons employed in the performance of this Agreement will be acting in an independent capacity and not as agents employees, partners, Joint ventures, or associates of one another Employees of THE CITY OF REDONDO BEACHiTHE SOUTH BAY YOUTH PROJECT, and as such shall not, for any purposes, be considered employees of the CITY and, therefore, shall have no right to any CITY service. civil service, or other CITY status No CITY employee benefits shall be available to THE CITY OF REDONDO BEACH/fHE SOUTH BAY YOUTH PROJECT in connection with the performance of this Agreement D 1 THE CITY OF REDONDO BEACH/ THE SOUTH BAY YOUTH PROJECT agrees to indemnify and save harmless CITY, its elected and appointed officials, officers, agents, and employees against any and all claims, liability, Judgements, costs or expenses including all reasonable costs necessary to defend a lawsuit, including attorney fees, investigators, filing fees, transcripts, court reporters and other reasonable costs necessary of investigation and defense resulting solely from the wrongful or negligent acts or omissions of THE CITY OF REDONDO BEACH/THE SOUTH BAY YOUTH its agents subcontractors and employees arising from work perforated pursuant to Section 1 of this Agreement 2 CITY understands and acknowledges that THE CITY OF REDONDO BEACH is a member of the Independent Cities Risk Management Association, pursuant to a Joint powers agreement, and the limits of liability under the agreement is $10,000,000. THE CITY OF REDONDO BEACH is obligated to pay the first $500,000 of any claim THE CITY OF REDONDO BEACH agrees that every professional provider of services with whom the City Contracts on behalf of THE CITY OF REDONDO BEACH / THE SOUTH BAY YOUTH shall have professional liability insurance which shall be in full force and effect during the period of the contract 3- THE CITY OFREDONDO BEACH/THE SOUTH BAY YOUTH PROJECT agrees to name CITY as additionally insured on said insurance policy or policies and will provide a certificate or certificates of insurance as proof of coverage with a written 'Notification of Cancellation" period of not less than 30 days VIII CONFLICT OF INTEREST THE CITY OF REDONDO BEACH/THESOUTH BAY YOUTH PROJECT and its employees shall comply with all applicable Federal, State, and local laws governing conflict of interest Contract Number South Bay Youth Project 9/11/00 SBYP Agreement 2000 -2001 n (1t IX DISCRIMINATION No person shall on the grounds of race, sex, age, marital status, creed, color, religion, or national origin be excluded from participation m, be refused the benefits of or otherwise be subjected to discrimination in any programs or employment supported by this Agreement THE CITY OF REDONDO BEACH/ THE SOUTH BAY YOUTH PROJECT shall also comply with the Americans With Disabilities Act (ADA). Title VI of the Civil rights Act of 1964, Age Discrimination Act of 1975 and the Rehabilitation Act of 1973. X AUDIT EXCEPTIONS THE CITY OF REDONDO BEACH/THE SOUTH BAY YOUTH PROJECT agrees that in the event the program established hereunder is subjected to audit exceptions, THE CITY OF REDONDO BEACH/THE SOUTH BAY YOUTH PROJECT shall be responsible for complying with such exceptions and paving CITY the full amount of City s liability to resulting from such audit exceptions I STATUS OF THE SOUTH BAY YOUTH PROJECT THE CITY OF REDONDO BEACH/ THE SOUTH BAY YOUTH PROJECT is an independent contractor in all respects in the performance of this Agreement XII SUBCONTRACT Any subcontracts entered into by THE CITY OF REDONDO BEACH/ THESOUTH BAY YOUTH PROJECT for services to be rendered toward the completion of THE CITY OF REDONDO BEACH/THE SOUTH BAY YOUTH PROJECTS portion of this Agreement shall be for THE CITY OF REDONDO BEACH / THE SOUTH BAY YOUTH PROJECTS benefit alone and, as such, THE CITY OF REDONDO BEACHITHE SOUTH BAY YOUTH PROJECT shall assume all liability for said subcontract CITY shall assume no liability for said subcontract THE CITY OF REDONDO BEACH' SOUTH BAY YOUTH PROJECT agrees to provide a list of all subcontractors to be used in connection with services to be rendered toward the completion of its portion of this Agreement to CITY within ten (10) working days of execution of this Agreement XIII AMENDMENTS This Agreement may be amended so long as such amendment is to writing and agreed upon by both CITY and THE CITY OF REDONDO BEACH/1-HE SOUTH BAY YOUTH PROJECT XIV DEFAULT In the event THE CITY OF REDONDO BEACH/ THE SOUTH BAY YOUTH PROJECT is in default under the terms of this Agreement, it is expressly agreed that CITY shall have no obligation or duty to continue compensating THE CITY OF REDONDO BEACH/T'HESOUTH BAY YOUTH PROJECT for any work performed after the date of default XV REIMBURSEMENT Each parry agrees that in the event of a court determination that a parry is in default in the performance of this Agreement, said parry will reimburse the other for all expenses (including attorney's Contract Number South Bay Youth Project 9111100 4 SBYP Agreement 2000 -2007 092 fees, investigators, filing fees, transcripts, court reporters, and other reasonable costs) incurred by such party in connection with enforcement of its rights under this Agreement XVI REQUEST FOR FINAL PAYMENT CITY reserves the right to withhold ten percent (10 %) of the contract amount on a completed project until a Certification of Completion is issued by CITY or COUNTY Project Directors, or their designees XVII NOTICES Notices shall be given pursuant to this Agreement by personal service on the party to be notified, or by written notice upon such parry deposited in the custody of the United States Postal Service addressed as follows A CITY City of El Segundo Recreation and Parks Department 350 Main Street El Segundo, California 90245 Arm Judy Andoe, Recreation Superintendent B CITY OF REDONDO BEACH/SOUTH BAY YOUTH PROJECT The City of Redondo Beach /The South Bay Youth Project 320 Knob Hill Redondo Beach, California 90277 Phone No (310) 372 -7724 Atm Dan Smith, Executive Director Notices shall be deemed to have been given as of the date of personal service, or as of the date of deposit of the same in the custody of the United States Postal Service Contraet Number South Bay Youth Project 9/11/00 5 SBYP Agreement 2000 -2001 i Q J XVIII APPROVAL BY CITY COUNCH. On September —, 2000 the City Council of the City of El Segundo approved the City entering into this Agreement and authorized the Mayor to sign this Agreement on behalf of the City IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year heremabove written CITY OF EL SEGUNDO: Mayor, City of El Segundo ATTESTED. City Clerk City of El Segundo (SEAL) APPR VED AS TO FORM: e �ry Attome} '' rty of El Segundo CITY OF REDONDO BEACH/ SOUTH BAY YOUTH PROJECT: Mayor, City of Redondo Beach ATTESTED: City Clerk City of Redondo Beach (SEAL) APPROVED AS TO FORM: City Attomey City of Redondo Beach Contract Number South Bay Youth Project 9/11/00 6 SBYP Agreement 2000 -2001 094 EL SEGUNDO CITY COUNCIL MEETING DATE: September 19, 2000 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Approval of a three (3) -year extension of the Memorandum of Understanding (MOU) between the City of El Segundo and the EI Segundo Supervisory and Professional Employees' Association RECOMMENDED COUNCIL ACTION: 1). Approval of Tentative Agreement; 2) Adopt Resolution Approving extension to the Memorandum of Understanding BACKGROUND & DISCUSSION: (Please see attached page marked "Background and Discussion ") ATTACHED SUPPORTING DOCUMENTS- 1). Resolution approving extension of Memorandum of Understanding, 2) Tentative Agreement between the City and the Supervisory and Professional Empoyees' Association. FISCAL IMPACT: $145,000 during FY 2001/02 through 2003/04 Operating Budget: Amount Requested: Account Number: Project Phase: Appropriation Required: ORIGIN/,pp: DATE: September 7, 2000 Assistant REVIEWED BY: DATE: Mary S nn, City Manaqer 1,95 BACKGROUND AND DISCUSSION: The current Memorandum of Understanding between the City of El Segundo and the El Segundo Supervisory and Professional Employees' Association is set to expire on September 30, 2001. One of the provisions of the Memorandum of Understanding required the City to meet and confer with the Association for the purposes of discussing the 2 % @55 PERS retirement plan for its membership The Supervisory and Professional Employees' Association represents nineteen (19) employees In preparation for those discussions, staff met with John Bartel, AON Consultants, to assist in determining the cost of implementing "2 % @55" benefits for all miscellaneous employees Upon examining the actuarial information from PERS, staff concluded that the costs for implementing the enhanced benefits were very modest. Accordingly, staff sought to negotiate with the Association with the intent of providing the benefits in exchange for a multi -year extension to the current MOU Negotiating teams from the City and the Supervisory and Professional Employees' Association met on July 26, 2000 to discuss the potential of extending the MOU Agreement was reached that day. The following is an outline of the significant provisions of the recommended Tentative Agreement. • A three -year extension that reflects an 11.19% increase in total compensation and benefits for FY 2001/02 through FY 2003/04. • 2.5% cost -of- living adjustments for represented employees effective 10/1/2001, 10/1/2002 and 10/1/2003 • Implementation of 2 % @55 PERS retirement benefits. • Increase in "Additional Pay" for purchase of medical benefits from $500 per month to $600 per month. • Redesignation of six position classifications from "Non- Exempt" to "Exempt" with respect to Fair Labor Standards Act (FLSA) requirements. • Completion of a comprehensive Memorandum of Understanding between the City and the Association. The Council should note that the attached Tentative Agreement includes a full listing of the negotiated items. Staff has determined that the total fiscal impact of implementing this extension to the current MOU would not exceed $145,000 through FY 2003/04 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, APPROVING AN EXTENSION TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF EL SEGUNDO, CALIFORNIA, AND THE EL SEGUNDO SUPERVISORY & PROFESSIONAL EMPLOYEES' ASSOCIATION WHEREAS, the City has met and conferred in good faith with representatives of the El Segundo Supervisory & Professional Employees' Association, and WHEREAS, discussions which have taken place In the meet and confer process have resulted In a mutually agreeable Memorandum of Understanding between the City of El Segundo and this Association, NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of El Segundo as follows, SECTION 1. That staff is authorized to Implement all terms and conditions of the Memorandum of Understanding (entitled "agreement ") between the City of El Segundo and the El Segundo Supervisory & Professional Employees' Association SECTION 2. The City Clerk shall certify to the passage and adoption of this resolution, shall enter the same in the book of original resolutions of said city, and shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council of said city, in the minutes of the meeting at which the same is passed and adopted PASSED, APPROVED AND ADOPTED this 19th day of September 2000. Mike Gordon, Mayor of the City of El Segundo RESOLUTION NO APPROVE MEMORANDUM OF UNDERSTANDING - ESSPEA Page No 1 09/12/00 0g7 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 Resolution No was duly passed and adopted by said City Council, approved and signed by the Mayor of said City, and attested to by the City Clerk of said City, all at a regular meeting of said Council held on the 18th day of July , 2000, and the same was so passed and adopted by the following vote AYES NOES ABSENT ABSTAIN Cindy Mortesen, City Clerk APPJRqVED AS TO FORM ark Hensley ity Attome RESOLUTION NO APPROVE MEMORANDUM OF UNDERSTANDING - ESSPEA Page No 2 09/12/00 0Gh Tentative Agreement Between the City of El Segundo ( "City ") and the Supervisory and Professional Employees' Association ( "Union ") 1. The current memorandum between the City and Union shall be extended for a period of three (3) years continuing in full force and effect through September 30, 2004 2 Effective as soon as possible, employees participating in the Public Employees Retirement System (PERS) 2% at 60 Miscellaneous Plan shall be upgraded to receive the PERS 2% at 55 Miscellaneous Plan 3. Effective January 1, 2001, the City shall increase "Additional Pay," used by employees to purchase medical benefits, from $500 per month to $600 per month 4. Effective December 1, 2001, the City shall increase the amount of "Sick Leave Payoff," for eligible employees who have accrued more than 600 hours of total Sick Leave, from 50% of the cash value of the hours over the allowable maximum to 76% of the cash value of the hours over the allowable maximum (Amendment to Article V, Section 1 of existing MOU). 5 Employees represented by the Union shall receive an annual 2.5% cost - of- living (COLA) adjustment on the following dates: October 1, 2001, October 1, 2002 and October 1, 2001 6 Effective April 1, 2001, the City shall increase the minimum amount of compensation for "Standby Pay" from one (1) hour to two (2) hours during each period Standby duty (Amendment to ATTACHMENT H of existing MOU) 7. Effective September 1, 2000, employees shall not be eligible to receive "Standby Pay" during a period in which they are utilizing "Sick Leave" or "Vacation Leave" benefits, unless the Department Head of the Department in which the employee is assigned grants written approval of such use of the °Standby Pay" provisions of the Memorandum of Understanding between the City and the Union (Amendment to ATTACHMENT H of existing MOU). 8. Effective July 1, 2001, the following positions shall be designated as "Exempt" (per ATTACHMENT A of existing MOU) and entitled to four (4) eight -hour days of Administrative Leave off, with respect to Fair Labor Standards Act (FLSA) requirements* Associate Planner, Community Cable Program Manager, Librarian, Senior Accountant, Wastewater Supervisor and Water Supervisor. 11 M 9 Effective April 1, 2001, the City shall increase the minimum amount of compensation for "Call Back Pay" from two (2) hours to four (4) hours (Amendment to Article XIII, Section 5 of existing MOU). 10 By October 15, 2000, the City and Union shall incorporate the terms of this tentative agreement into a comprehensive MOU and finalize all changes to the comprehensive MOU. 11 Effective immediately, upon approval by City Council, the City shall create an Educational Incentive Program (5% increase) for employees who acquire a degree and who are working in a fob class that does not require a degree. For the El Segundo Supervisory and Professional Employees' Association: Chester Mordasini, Business Representative J Dom" (/ Gary Ga tbi, President For the City of El Segundo, Assistant r Bob Hyland, Senior Human Resources Analyst Bret Plumlee, Finance Director C'o EL SEGUNDO CITY COUNCIL MEETING DATE: September 19, 2000 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Approval of a three (3) -year extension of the Memorandum of Understanding (MCU) between the City of El Segundo and the El Segundo City Employees' Association RECOMMENDED COUNCIL ACTION- 1) Approval of Tentative Agreement, 2) Adopt Resolution Approving extension to the Memorandum of Understanding BACKGROUND & DISCUSSION: (Please see attached page marked "Background and Discussion ") ATTACHED SUPPORTING DOCUMENTS: 1) Resolution approving extension of Memorandum of Understanding, 2). Tentative Agreement between the City and the City Empoyees' Association FISCAL IMPACT: $700,000 during FY 2001102 through 2003104 Operating Budget: Amount Requested: Account Number: Project Phase: Appropriation Required: ORIGINATED: DATE: September 7, 2000 Assistant REVIEWED BY: DATE: Mary Strenn, City Manager 12 3f, 1 BACKGROUND AND DISCUSSION: The current Memorandum of Understanding between the City of El Segundo and the El Segundo City Employees' Association (CEA) is set to expire on September 30, 2001 One of the provisions of the Memorandum of Understanding required the City to meet and confer with the Association for the purposes of discussing the 2 % @55 PERS retirement plan for its membership. The CEA represents 117 employees. In preparation for those discussions, staff met with John Bartel, AON Consultants, to assist in determining the cost of implementing "2 % @55" benefits for all miscellaneous employees Upon examining the actuarial information from PERS, staff concluded that the costs for implementing the enhanced benefits were very modest Accordingly, staff sought to negotiate with the Association with the intent of providing the benefits in exchange for a multi -year extension to the current MOU. Negotiating teams from the City and the CEA met on August 9, 2000 to discuss the potential of extending the MOU Agreement was reached that day. The following is an outline of the significant provisions of the recommended Tentative Agreement: • A three -year extension that reflects an 11.08% increase in total compensation and benefits for FY 2001/02 through FY 2003/04 • Cost -of- living adjustments in the following amounts- 4% - 10/1/2001, 3% - 10/1/2002 and 3% - 10/1/2003 • Creation of a 5% Educational Incentive for eligible employees who earn Bachelors' degrees. • Establishment of limits for the appropriate use of Sick Leave benefits. • Agreement between the Association and the City to share costs of employee discipline matters that are considered by the Los Angeles County Civil Service Commission. • Completion of a comprehensive Memorandum of Understanding between the City and the Association. The Council should note that the attached Tentative Agreement includes a full listing of the negotiated items. Staff has determined that the total fiscal impact of implementing this extension to the current MOU would not exceed $700,000 through FY 2003/04. I C 2 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF EL SEGUNDO, CALIFORNIA, AND THE EL SEGUNDO CITY EMPLOYEES' ASSOCIATION WHEREAS, the City has met and conferred in good faith with representatives of the El Segundo City Employees' Association, and WHEREAS, discussions which have taken place in the meet and confer process have resulted in a mutually agreeable extension to the Memorandum of Understanding between the City of El Segundo and this Association, NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of El Segundo as follows, SECTION 1. That staff is authorized to implement all terms and conditions of the Memorandum of Understanding (entitled "agreement ") between the City of El Segundo and the El Segundo City Employees' Association SECTION 2. The City Clerk shall certify to the passage and adoption of this resolution, shall enter the same in the book of original resolutions of said city, and shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council of said city, in the minutes of the meeting at which the same is passed and adopted PASSED, APPROVED AND ADOPTED this 19th day of September 2000. Mike Gordon, Mayor of the City of El Segundo RESOLUTION NO APPROVE MEMORANDUM OF UNDERSTANDING - ESCEA Page No 1 ov/12/oo I o S 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 Resolution No was duly passed and adopted by said City Council, approved and signed by the Mayor of said City, and attested to by the City Clerk of said City, all at a regular meeting of said Council held on the 18th day of July , 2000, and the same was so passed and adopted by the following vote AYES NOES ABSENT ABSTAIN Mortesen, City Clerk APPR VEDAS TO FORM ark Hensley ity Attorney RESOLUTION NO APPROVE MEMORANDUM OF UNDERSTANDING — ESCEA Page No 2 09/12/00 J"A Tentative Agreement Between the City of El Segundo ( "City ") and the El Segundo City Employees Association ( "Union ") The current Memorandum of Understanding between the City and Union shall be extended for a period of three (3) years continuing in full force and effect through September 30, 2004 Effective as soon as possible, employees participating in the Public Employee Re- tirement System (PERS) 2% at 60 Miscellaneous Plan shall be upgraded to receive the PERS 2% at 55 Miscellaneous Plan. The City and Union shall incorporate the terms and conditions of this tentative agreement into a comprehensive Memorandum of Understanding (MOU) and finalize all changes by October 15, 2000. 4 Employees working within Street Maintenance I classification shall be moved to Salary Range 15 and employees working within the Street Maintenance Worker II classification shall be moved to Salary Range 19. This provision shall be retroactive to July 1, 1999 5 Effective September 1, 2000, the City may utilize employees working in the Street Maintenance Worker 1 /II lob classification for the purpose of providing concrete maintenance and installation services The following limitations shall apply. Employees shall not be required to perform such duties for a period exceeding ten (10) hours during each two -week pay period or be expected to pour more than one (1) yard of concrete each week. 6 Employees represented by the Union shall receive cost -of -living (COLA) adjustments on the following dates and in the following amounts. Effective October 1, 2001 -4 %, effective October 1, 2002 - 3 %, and effective October 1, 2003 - 3 %. Effective October 15, 2000, the City shall implement an Educational Incentive Program wherein employees not possessing a Bachelor's Degree and working in a fob class that does not require a Bachelor's Degree will receive a 5% increase in base salary. Persons earning a Bachelor's Degree in a work - related field, as approved by the appropriate Department Head, will be eligible for the education incentive 8 Effective October 15, 2000, the City shall increase the amount of Education Reimbursement to eligible employees from $1250.00 per year to $1750.00 per year 9 Effective December 1, 2001, the City shall increase the amount of "Sick Leave Payoff," Mou/Reso /Agreemem Human Recourses 9/1 N00 for eligible employees, from 50% of the cash value of the hours over the allowable maximum to 70% of the cash value of hours over allowable maximum 10 Effective October 15, 2000, the City and Union agree that Article 1 13, Section III (E), entitled "Mediation" shall be deleted from the Memorandum of Understanding 11 Effective October 15, 2000, employees shall not be eligible to receive "Standby Pay" during a period in which they are utilizing "Sick Leave" or "Vacation Leave" benefits, unless the Department Head of the Department in which the employee is assigned grants written approval of such use of the "Standby Pay" of the Memorandum of Understanding between the City and the Union 12 Effective September 1, 2000, the Dispatcher I lob classification will be moved to Salary Range 23, the Dispatcher 11 lob classification will be moved to Salary Range 27 and the Senior Dispatcher job classification will be moved to Salary Range 31 13 Effective October 15, 2000, the Union shall pay one -half (Y:) of the costs incurred by the City as a result of employee cases considered by the Los Angeles County Civil Service Commission The Union's maximum total liability for such costs shall be $1,500 00 per fiscal year 14 Effective October 15, 2000 Police Service Officers assigned to perform "Animal Control" duties shall receive a pay differential in the amount of $20.26 per shift Police Service Officers who perform "Animal Control" duties on an emergency basis, or during a period in which an employee is not specifically assigned to perform "Animal Control" duties, shall receive shift differential pay in the amount of $20.26 per shift 15 Effective September 1, 2000, employees assigned to work between the hours of 5:00 p m to 6:00 a.m shall receive shift differential pay for the entire shift in the amount of ninety -cents ($.90) per hour 16 Employees who work in the Police Assistant 1 /11 fob classifications and who perform "Matron Duty" during their assigned shifts shall receive a pay differential in the amount of $17 90 per shift 17 Effective October 15, 2000, the City will allow employees in the Union to sell back 50% of their annual vacation accrual. This will be allowed once between the period from October 1, 2000 through December 31, 2000 and once per calendar year thereafter 18 City and Union agree to amend Article 1.15 (1) of the MOU to define "Excessive Use of Sick Leave " Effective January 1, 2001, employees who utilize more than 72 hours of their annual Sick Leave Accrual during each calendar year, shall upon returning to work submit a statement from a doctor verifying that the employee was under his /her care and is able to return to work, as specified by Section 1A6 120 - General Rules Employees may receive an exemption from that limitation by obtaining written permission from the Department Head of the Department to which they are assigned. Mou/Reso/Agme=ni Human Resources WI III ) Tentative Agreement - CEA Page 3 Forthe City Employees' Association James Carver, President Gary Ochwat, Vice President Seane Nemeth, Secretary Dianna Carson, Treasurer William Rapoza, Sergeant -of -Arms City of El Segundo Jeff Stewart, Assistant City Manager Bob Hyland, Sr Human Resources Analyst Bret Plumlee, Finance Director Date Date Mou/Reso/Agrc nt Human Res es 9/11/00 107 N EL SEGUNDO CITY COUNCIL MEETING DATE: September 19, 2000 AGENDA ITEM STATEMENT AGENDA HEADING: Consent AGENDA DESCRIPTION: Second Reading of an Ordinance Amending Chapter 3 24130 of the El Segundo Municipal Code relating to Utility User's Tax (UUT) RECOMMENDED COUNCIL ACTION: • Second Reading of Ordinance Amending Chapter 3 24 130 of the Municipal Code • Adopt Ordinance to become effective October 19, 2000 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 Ordinance is to safeguard the utility user's tax source of revenue FISCAL IMPACT: Safeguard against the possible loss of $565,000 in Telephone Utility User's Tax Operating Budget: Amount Requested: Account Number: Project Phase: 2"" Reading of Ordinance Appropriation required: No ORIGINATED: DATE: Bret M Plumlee, Director of Finance Manager 9�d 13 9/12/00945 AM lop 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, the City Council adopted administrative rules and regulations as authorized by Section 3.24 100 of the voter adopted UUT ordinance The adopted 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 administrative rules and regulations include the following 1 Federal legislation has recently been introduced that would repeal the Federal Excise Tax (FET) The 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 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 failing to comply with the record - keeping requirements of the UUT ordinance 2 Clarifies that filing a claim with the City on behalf of a class 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 9/12/00 9.45 AM 10 9 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 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 -Much denial of access is commuted, continued or permitted by such person. This penalty shall be in addition to any other penalty imposed 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 ORDMANCE NO UTILITY USERS TAX 1110 PAGE NO 1 "3 24.170 APPEALS. A If the service user or service supplier is aggrieved by any decision or administrative ruling of the Tax Administrator, 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 notice of appeal with the City Clerk within 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 notice to such person of the time and place of hearing as herem 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 Notice of appeal shall contam 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 tight 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 OROMANCE NO UTILITY USERS TAX PAGE NO 2 (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 Manager's 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 trijunction 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 remitted." ' 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 remauung 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 Section 6 The City Clerk shall publish or post the ordinance according to law ORDINANCE NO UTILITY USERS TAX PAGE NO 3 1 ,� 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 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: -City k D H ar ORDIN ANCE NO UTILITY USERS TAX PAGE NO 4 1 1 EL SEGUNDO CITY COUNCIL MEETING DATE: September 19, 2000 AGENDA ITEM STATEMENT AGENDA HEADING: Consent AGENDA DESCRIPTION: A scheduled second reading of an Ordinance of the City of El Segundo 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 RECOMMENDED COUNCIL ACTION: 1 Second reading of Ordinance by title only 2 Adopt Ordinance to become effective October 19, 2000 BACKGROUND & DISCUSSION: (See attached) ATTACHED SUPPORTING DOCUMENTS: 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: Second reading of Ordinance to modify Municipal Code Section 5 42 060 Appropriation required: NO ORIGINATED: DATE: ��(1 Ccl� 1 — (( - �� L Steve Jon us1 ss Services Manager Bret Plumiee, Director of Finance U REVI D BY DATE: 9iZ a0 Mary Str , City Manager 9/11/00 11 23 AM 11 1, BACKGROUND & DISCUSSION (Continued): IV 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 115 9/11/00 11 23 AM ORDINANCE NO. 1323_ 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, 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 (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 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 t16 ORDINANCE No1323 FILM PERMIT FEES PAGE NO 1 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 I, Cindy Mortesen, City Clerk of the City of El Segundo, California, do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing Ordinance No was duly introduced by said City Council at a regular meeting 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 WED AS TO FORM: y c ; Mark D Hensley, City Attom ty ORDINANCE NO 1323 I FILM PERMIT FEES PAGE NO 2 EL SEGUNDO CITY COUNCIL MEETING DATE- September 19, 2000 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION, Second reading and Adoption of an Ordinance approving a Precise Plan Amendment to expand an existing surface parking lot and modify the landscaping at 800 Apollo Street, to provide off -site parking for the Spectrum Club expansion (Precise Plan Amendment PP No 00 -01) Property owner Continental Development Corporation RECOMMENDED COUNCIL ACTION* 1) Second reading and Adoption of Ordinance for the Precise Plan; and /or, 2) Other possible action /direction BACKGROUND & DISCUSSION* On September 5"' the City Council conducted the first reading of the Ordinance for approval of a Precise Plan Amendment (PPA) for 800 Apollo Street to allow modifications to the existing 14 space surface parking lot at the front of the building on Park Place The modifications will add approximately 24 more spaces, for a total of 41 spaces. Thirty -nine of the spaces will be available exclusively for use by the Spectrum Club, which is located on an adjacent lot at 2200 -2250 Park Place The attached Ordinance is presented for second reading and Adoption. ATTACHED SUPPORTING DOCUMENTS. 1 Draft City Council Ordinance No - (PP No 00-01) FISCAL IMPACT: DATE: September 12, 2000 Operating Budget- N/A Amount Requested. N/A Account Number. N/A Project Phase. N/A Appropriation required: N/A ORIGINAT l _ DATE: September 6, 2000 Laa�ne B ester enior Planner 4"s M Hansen, Director of Community, Economic and Development Services P \Planning & Budding Safely\ PROJECTS \500- 525\EA- 5211CC -ais -2 dx 11 DATE: September 12, 2000 rBYj— ifi City Manager %/, , lop 1 C J P \Planning & Budding Safely\ PROJECTS \500- 525\EA- 5211CC -ais -2 dx 11 ORDINANCE NO. 1322 R AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, APPROVING PRECISE PLAN AMENDMENT (PP) NO. 00 -01 FOR 800 APOLLO STREET, PROVIDING OFF -SITE PARKING FOR THE SPECTRUM HEALTH CLUB LOCATED AT 2200 -2250 PARK PLACE, PETITIONED BY: CONTINENTAL DEVELOPMENT CORPORATION. WHEREAS, Conditional Use Permit (CUP) and Precise Plan (PP) Amendment applications have been received from Continental Development Corporation, requesting approval of a conversion of approximately 35,000 square feet (S F ) of existing office /lab space for the expansion of the Spectrum Health Club, (2200 -2250 Park Place), elimination of a portion of required landscaping for a surface parking lot expansion (800 Apollo Street), and off - site /joint -use parking (831 South Douglas Street, 800 Apollo Street and 2201 Rosecrans Avenue) The subject properties are all located in the Urban Mixed -Use South (MU -S) land use designation and zone, WHEREAS, an Initial Study was prepared pursuant to the requirements of the California Environmental Quality Act ( "CEQA "), Cal Public Resources Code Section 21000 et sea The Initial Study demonstrated that the projects (CUP and PP) would not cause any significant environmental impacts. Accordingly, a Mitigated Negative Declaration ( "MND ") was prepared and circulated for public review and comment between July 20, and August 8, 2000, WHEREAS, the Planning Commission has reviewed the application and supporting evidence with the authority and criteria contained in the California Environmental Quality Act, State CEQA Guidelines and the City of El Segundo Guidelines for the Implementation of the California Environmental Quality Act (Resolution No 3805), WHEREAS, on August 10, 2000, the Planning Commission did hold, pursuant to law, a duly advertised public hearing on such matter in the Council Chamber of the City Hall, 350 Main Street, and notice of the public hearing was given in the time, form and manner prescribed by law and the Planning Commission adopted Resolution No 2481 recommending approval of PP No 00 -01, and recommending approval of Environmental Assessment (EA) No. 521 for PP No. 00 -01; WHEREAS, at the duly scheduled meeting of the City Council of the City of El Segundo on September 5, 2000, a duly advertised public hearing was held on this matter in the Council Chamber of the City Hall, 350 Main Street; WHEREAS, opportunity was given to all persons present to speak for or against the findings for PP No 00- 01;and, WHEREAS, at said hearing the following facts were established. ORDINANCE NO 1322 PP NO 00.01 FOR 800 APOLLO STREET PAGE NO 1 119 I The project site is a 3.6 -acre (approximate) parcel located at the southeast comer of Apollo Street and Park Place, in Continental Park, near the southeast boundary of the City It is developed with a multi -story, 186,000 S.F building used as a research and development office 2 The project is to amend Precise Plan (PP) No 8 -74, which conditionally approved the 186,000 S F (approximate) office and warehouse building use in 1974 This is the first amendment to PP No 8 -74 3 The Zoning and General Plan land use designation on the site is Urban Mixed -Use South The Zoning allows office and research and development uses as permitted uses, and private and public recreational uses if approved with a conditional use permit 4 The Precise Plan amendment is required for the modifications to the existing 14 space surface parking lot at the front of the building on Park Place The modifications will add approximately 24 more spaces for a total of 41 spaces, of which 39 will be available exclusively for use by the Spectrum Club. 5 Additionally, the project will eliminate approximately 2,221 SY of landscaping in the front of the budding on Park Place to accommodate the parking lot expansion 6 Off - site /joint -use parking on the subject site as well as other adjacent sites will accommodate peak hour parking demands for the Spectrum Health Club A parking ratio of 1 space /150 SY will be provided. 7 Off - site /joint -use parking spaces include approximately 39 at 800 Apollo in a surface parking lot (available 24 hours), 72 at 831 South Douglas Street in surface parking lots (Joint -use after 5.00 P.M ), and 150 at 2201 Rosecrans Avenue in a parking structure (joint use after 5:00 P M.) 8 The off -site parking locations are developed with buildings one to four stories in height, with both surface and structure parking facilities. The uses in these buildings include office, research and development, lab and similar uses. 9 Surrounding land uses include offices /light industrial uses to the north, offices, the Spectrum Health Club and a hotel to the east; a parking structure, offices /light industrial uses to the west, and office /retail/commercial /restaurant uses and a parking structure to the south 10 A related application, Conditional Use Permit (CUP) No. 00 -04, which requires action by the Planning Commission, is proposed for 2200 -2250 Park Place, with off - site parking to be located at the subject site and other adjacent properties. The CUP, which is an amendment to CUP No. 85-6, will allow an expansion of the existing Spectrum Health Club into the existing building square footage 11 The City of El Segundo, acting as the lead agency, has determined that a Mitigated Negative Declaration of Environmental Impacts is the appropriate environmental ORDINANCE NO 1322 PP NO GMI FOR 800 APOLLO STREET PAGE NO 2 f n n review for the projects, in accordance with the California Environmental Quality Act (CEQA) No potentially significant environmental impacts are anticipated due to the development or operation of the proposed project. NOW, THEREFORE, BE IT ORDAINED that after considering the above facts, the testimony presented at the public hearing, and study of proposed PP No. 00 -01, the City Council finds as follows GENERAL PLAN AND ZONING CONSISTENCY 1 The General Plan goals, policies and objectives which this project is consistent with are Goal LU6 and Objective LU6 -1 of the Land Use Element which support the maintenance of parks and recreational facilities, and, from the Open Space and Recreation Element Goal OS1, Objective OS1 -2 and Policies OS1 -2 1 and OS1- 2.5, which support and encourage the development, operation and maintenance of recreational facilities NOW, THEREFORE, BE IT FURTHER ORDAINED that the City Council approves PP No 00 -01, subject to the following conditions 1 Prior to issuance of a budding permit for the parking lot expansion the applicant shall develop plans which indicate that the proposed expansion is in substantial conformance with the concept plans and project description approved and on file with the Department of Community, Economic and Development Services. Any subsequent modifications to the project, as approved, shall be referred to the Director of Community, Economic and Development Services for a determination regarding the need for Planning Commission review of the proposed modification 2 Prior to issuance of a budding permit, plans shall be submitted for review and approval to the Director of Community, Economic and Development Services which indicates parking shall be in substantial compliance with the concept plans and project description on file All parking shall be designed in accordance with the requirements of the ESMC Parking shall be installed per the approved plans prior to the issuance of a certificate of occupancy for the Spectrum Health Club expansion at 2200 -2250 Park Place 3. Prior to issuance of a building permit for the parking lot expansion, the applicant shall address all the concerns and comments, as applicable to the subject project, outlined in the memos from the Police Department, dated June 14, 1999 and September 28, 1999, which are on file in the Planning Division. Furthermore, prior to issuance of any building permit for the project, the applicant shall submit a Security and Crime Prevention Plan for the review and approval of the Police Department and Department of Community, Economic and Development Services All required security measures shall be installed per the approved plan prior to issuance of a budding permit final or implemented prior to operation, as appropriate 4 A Landscaping and Irrigation Plan shall be submitted by the applicant to the Director of Community, Economic and Development Services, Director of Recreation and ORDINANCE NO 1322 PP NO 00-01 FOR 800 APOLLO STREET 1 2 1 PAGE NO 3 Parks, and Police Chief prior to Issuance of any building permit for Improvements to the health club building Any mature landscaping that is removed shall be replaced with mature landscaping including box sized trees Landscaped areas shall be provided with a permanent automatic watering or Imgation system and shall be permanently maintained in a neat and clean manner The Plan shall be reviewed and approved by the Director of Community, Economic and Development Services, Director of Recreation and Parks, and Police Chief, and installed per the approved plans by the applicant prior to the issuance of a certificate of occupancy for the Spectrum Health Club at 2200 -2250 Park Place 5 Prior to the issuance of a certificate of occupancy for the Spectrum Health Club at 2200 -2250 Park Place, the applicant shall submit a parking lot signage plan to direct Spectrum Club customers to the off -sde parking The sign plan shall be subject to the approval of the Director of Community, Economic and Development Services and Police Chief and all signs shall be installed per the approved plan prior to Issuance of a certificate of occupancy for the Spectrum Health Club at 2200 -2250 Park Place 6 Prior to issuance of a building permit for improvements to the health club building, the applicant shall submit off -site parking covenants, to the Director of Community, Economic and Development Services for review and approval, to ensure that required parking is provided. The applicant shall pay the cost of the City Attorney's review of the documents The documents shall be recorded in the County Recorder's Office prior to the issuance of a certificate of occupancy for the Spectrum Health Club at 2200 -2250 Park Place. 7 If any new exterior lighting is proposed, then prior to issuance of a building permit, the applicant shall submit Exterior Lighting Plans and a Photometric Study, to the Director of Community, Economic and Development Services and the Police Chief for review and approval The lighting shall be installed per the approved plans prior to the issuance of a certificate of occupancy for the Spectrum Health Club at 2200- 2250 Park Place 8 During construction, the affected areas of the project site shall be enclosed by a six - foot high chain link fence. Gates for site fencing shall not open over sidewalk/public right -of -way A fencing plan shall be submitted by the applicant and reviewed and approved by the Director of Community, Economic and Development Services prior to installation and prior to issuance of any permits. 9 All work within the City public nght -of -way shall be in accordance with the latest edition of the Standard Specifications for Public Works Construction and City of El Segundo Standard Specifications No work shall be performed in the public nght -of- way without first obtaining a Public Works permit 10 Prior to issuance of any budding permit for the project, the applicant shall submit building plans which indicate that all proposed utilities will be placed underground to the satisfaction of the City Engineer. The applicant shall assume the costs for the ORDINANCE NO 1322 - 1 PP NO 00 -01 FOR 800 APOLLO STREET 1 L r PAGE NO 4 relocation of all utilities, including but not limited to, light poles, electrical vaults, and fire hydrants, which are affected by the proposed project 11 Encroachment permits must be obtained from the Engineering Division of the Public Works Department for demolition haul -off Permits must be obtained at the same time the permit for demolition is issued An encroachment permit for grading is also required when import or export of dirt exceeds fifty cubic yards Demolition and grading may be listed on one encroachment permit 12 No material storage is allowed in the public right -of -way except by permit issued by the Engineering Division of the Public Works Department If material storage is allowed in the public right -of -way it shall be confined to parkway areas and street parking areas, as long as safe and adequate pedestrian and vehicular passage is maintained at all times Storage beyond these areas in the public right -of -way requires prior approval of the Public Works Department and shall be limited to a maximum period of 24 hours 14 Prior to issuance of a certificate of occupancy for the Spectrum Health Club at 2200- - -- 2250 Park Place, the applicant shall construct sidewalks and handicapped access ramps from the driveway on Park Place, in front of the 800 Apollo building, to Continental Way, as required by the Engineering Division of the Department on Public Works Existing driveways and other concrete work not to be incorporated into the construction shall be removed and replaced with standard curb and sidewalk, if applicable 15 Should any previously unrecorded archeological or cultural resources be encountered during construction of the project, all work will be stopped and the Department of Community, Economic and Development Services will be notified immediately At the owner's expense a qualified archeologist will be consulted to determine the potential significance of the find, and his findings shall be submitted to the Director of Community, Economic and Development Services prior to the commencement of work 16 During construction dust control measures shall be required in accordance with the City's Dust Control Ordinance Grading will be discontinued during first -stage smog alerts and suspended during periods of high wind (i e. over 15 miles per hour) All hauling trucks shall have loads covered or wetted and loaded below the sideboards to minimize dust. The applicant shall submit the appropriate documentation to show conformance with or exemption from the State Water Quality Control Board's National Pollution Discharge Elimination System (NPDES) Permit for construction related stormwater run -off to the Director of Public Works prior to the approval of the building plans 17 The applicant shall indemnify, defend, protect, and hold harmless the City, its elected and appointed officials, officers, agents and employees from and against any and all claims, actions, causes of action, proceedings or suits which challenge or attack the validity of the City's approval of PP No 00 -01 ORDINANCE NO 1322 PP NO 00 -01 FOR 800 APOLLO STREET 123 PAGE NO 5 EFFECTIVE. This Ordinance shall become effective at midnight on the thirtieth day from and after the final passage and adoption hereof CERTIFICATION The City Clerk shall certify to the passage and adoption of this ordinance, shall cause the same to be entered in the book of original ordinances of said City, shall make a note of the passage and adoption thereof in the records of the meeting at which the same is passed and adopted, and, shall within fifteen days after the passage or adoption thereof cause the same to be published or posted in accordance with the law PASSED, APPROVED AND ADOPTED this 19th day of September 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 1322 was duly introduced by said City Council at a regular meeting held on the 5th day of September, 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 19th day of September, 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 Mark D. Hensley, Crty Attomey ORDINANCE NO 1322 PP NO 00 -01 FOR 800 APOLLO STREET 124 PAGE NO 6 EL SEGUNDO CITY COUNCIL MEETING DATE: September 19, 2000 AGENDA ITEM STATEMENT AGENDA HEADING Consent AGENDA DESCRIPTION Adoption of an Ordinance amending the El Segundo Municipal Code, Sections 3 06.010 et seq , entitled Business Attraction Program The amendment adds the requirement that City Council approve, as part of the Council's Consent Calendar Agenda, any staff recommendation for assistance to business, as part of the Business Attraction Program, which exceeds $12,500 ocrr%uRA=uncn rnnuiru errinN Second Reading and Adoption of Ordinance, by title only, and /or Other possible action /direction BACKGROUND & DISCUSSION: On September 5, 2000, the City Council opened the public hearing, took testimony, discussed the amendment, conducted the first reading of the Ordinance, and scheduled the second reading and adoption for September 19, 2000 ATTACHED SUPPORTING DOCUMENTS: Draft City Council Ordinance No FISCAL IMPACT: Operating Budget. Amount Requested: NOT APPLICABLE Account Number. Project Phase- Appropriation required: Sandra Read Lane, Econor Sic Wv-etupment Mgr. September 19, 2000 mes Hansen, Director, CEDS R w Y' D' ATE: ary nn, : City Manager ° 16 W8100 3 00 PM 125 ORDINANCE NO 1324 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 I 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 tlus Chapter 3.06 is limited to an aggregate amount of $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 $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 1 2 8129/00 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 onginal 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 a ith the law PASSED, APPROVED AND ADOPTED this da-, 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 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 A% ark D li sley, ity Kiforney ORDINANCE NO _1324 BUSINESS ATTRACTION PROGRAM PAGE NO 2 8129/00 12 06 PM 127 EL SEGUNDO CITY COUNCIL MEETING DATE: September 19, 2000 AGENDA ITEM STATEMENT AGENDA HEADING: Consent AGENDA DESCRIPTION: Proposal by Advanced Risk Management Techniques, Inc (Armtech) to perform risk management organizational study RECOMMENDED COUNCIL ACTION: Approve agreement with Armtech to perform a Risk Management Organizational study BACKGROUND & DISCUSSION: On May 16, 2000, the City Council directed an ad hoc subcommittee to meet with the City Manager, City Attorney, and Finance Director to determine options for providing legal and risk management services The subcommittee is recommending entering into an agreement with ArmTech to audit the existing risk management function and make recommendations for improvements Staff has applied for a risk management grant from ICRMA, which will offset the $9,950 cost of the study by $4,000 if approved ATTACHED SUPPORTING DOCUMENTS: • Proposal by ArmTech to perform risk management organizational study • Agreement with ArmTech to perform risk management organizational study FISCAL IMPACT: Initial phase of study $9,950 to be offset by ICRMA grant of $4,000 Operating Budget: $9,950 Amount Requested: $9,950 Account Number: 601-62% Project Phase: Authorize staff to execute agreement Appropriation required: Yes — Included in FY 2000- 2001 Preliminary Budget lIn�f / —" Bret Plumlee, Finance Director 9 �(3 /RUC, REVIEWED BY' DATE: p Mary S nn, City Manager 17 � /d 9/13/00 9 31 AM 12F EXHIBIT A SCOPE OF SERVICES 129 AI��M CITY OF EL SEGUNDO, CALIFORNIA PROPOSAL TO PERFORM RISK MANAGEMENT ORGANIZATIONAL STUDY September 12, 2000 23701 Birtcher Drive, Lake Forest CA 92630 -1783 (949) 472 -8324 • FAX (949) 4729228 • ADVRSKMG7.2 ®col corn Independent Consultants 130 13t FZ��i1 September 12, 2000 City of El Segundo 350 Main Street El Segundo, California 90245 -3895 Arm Mr Bret M Plumlee Director of Finance PROPOSAL TO PERFORM RISK MANAGEMENT ORGANIZATIONAL STUDY 002 -227 This proposal addresses the issues the City of El Segundo (the City) would like reviewed as we understand them It is based on our discussions and our experience with many similar projects Thank you for the opportunity to submit this proposal We are confident we can provide an innovative analysis of alternatives for organizing the risk management function within the City We look forward to the possibility of working with you on this important project Respectfully submitted, ADVANCED RISK MANAGEMENT TECHNIQUES By . "(L)p - Steven P. Kahn, CPCU, ARM Managing Director SPK:pem C 18 M[SeguMU 9 -12.00 wpd 23701 Birtcher Drive Lake Forest CA 92630 -7783 (949) 472 -8324 • FAX (949) 472 -9228 • ADVRSKMGT2 ®aol corn Independent Consultants IABLE OF CONTENTS I Introduction A Background B Purpose II Project Approach A Scope B Action Plan C Material to be Provided Consultant D Timing III Qualifications A ARM Tech B Project Team C References IV Fees Appendices A Project Team Resumes B Public Entity Client List C Brochure- Practical Risk Management u ",DVANCED RISK MANAGEMENT TECHNIQUES, INC 1 1 1 0) 2 4 5 6 8 8 8 9 L }'1" r J. INTRODUCTION A. BACKGROUND The City of El Segundo (the City) is a full - service City It provides police, fire, recreational and other services to its 16,864 residents The City has a "daytime population" of over 80,000 Risk management functions are now split among several departments Services are provided by a mix of in -house and contract personnel Table I -1 shows responsibility for many risk management functions Table 1 -1 Risk Management Responsibilities Position /Firm Risk Management Responsibility Director of Finance Risk financing decisions Purchasing Agent Insurance purchasing/contract administration Director of Human Resources Oversee workers compensation program Southern California Risk Management Association Administer workers compensation claims City Manager Approve liability claims to $5,000 City Council Approve liability claims exceeding $5,000 Colen & Lee Administer liability claims Individual departments Loss control /safety City Clerk Contract administration City Attorney Loss control At this tune, the City wants to evaluate alternatives for organizing the risk management function to obtain best results. B PURPOSE The purpose of the proposed project is to evaluate alternatives for organizing the risk management function to obtain best results Specific issues to be analyzed are set forth in the next section of this proposal 1 It R I AivP,NCED RISK MANAGEMENT TECHNIQUES, INC II. PROJECT APPROACH This section of the proposal sets forth a scope of work and plan of action to address the City's needs as we understand them A. SCOPE In completing this project, we will 1 Identify what risk management functions are being performed (or not performed), the organizational location and level of staffing (internal and contract) assigned to those functions, and the overall effectiveness of the current arrangement 2 Determine the need for organizational change and the ease with which these functions could be moved to produce any needed improvement 3 Design a risk management approach that best responds to the City's specific situation Design elements will include a Identifying where in the City's organization various risk management functions (e.g , risk identification, risk financing, loss control and claims management) should be placed b Identifying what staffing and other resource changes are necessary to address the City's needs. c Identifying what objectives and goals the City should establish for risk management and the period of tune reasonable to accomplish objectives and goals d Describing how departments with risk management tasks should interface with centrally located risk management services. e Recommending an organizational structure and explaining the changes and their expected benefits f Identifying what budget is needed to support our recommended approach 2 115 D, /ANCED RISK MANAGEMENT TECHNIQUES, INC 4 Evaluate the claim settlement authority levels assigned to in -house and contract personnel to determine if the process provides reasonable checks and operates efficiently This will apply to liability and workers compensation claims 5 Identify reports the Council and senior management should receive to monitor the risk management program 6 Identify which functions should be performed in-house and which should be performed by contractors This includes clauns administration, legal defense of litigated claims, loss control and risk management 7 Evaluate the adequacy of risk management records 8 Calculate the City's cost of risk (COR) as the stem of a Risk management administration expenses b Retained losses c Insurance premiums d Contract service fees 9 Benchmark the City against a selection of other cities on. a Workers compensation loss costs b Liability loss costs As an option, we will- 1. Critique the insurance and indemnity clauses used in a sample of City contracts We will evaluate• a Extent to which the City transfers risks to others, when appropriate b. Protection the City receives from the insurance it requires of others C. Effectiveness of the City's approach to obtaining and maintaining certificates of insurance 2 Evaluate the formula the City uses to allocate liability and workers compensation costs to departments This is a critique of the existing plan, not the design of a new plan 3 136 _ ADVANCED RISK MANAGEMENT TECHNIQUES, INC I- 3 Evaluate trends in City liability losses over the past five years, using the City's most recent actuarial study and data obtained while completing this study 4 Evaluate trends in City workers compensation losses We will complete a workers compensation actuarial study to make this analysis The actuarial study will show a Projected ultimate losses for years July 1, 1995 /96 through July 1, 1999/00 b Projected ultimate losses per $100 of payroll for years July 1, 1995 /96 through July 1, 1999/00 c Estimated incurred but unpaid losses at June 30, 2000 We will provide a narrative discussing loss trends B. ACTION PLAN To complete this project, we will 1 Conduct an initial telephone discussion with the Director of Finance to review data requirements, work steps, the interview schedule and other project details 2 Receive from the City and review the information listed in Section C, "Material to be Provided Consultant." 3, Interview key personnel performing risk management tasks This includes• a Director of Finance b Director of Human Resources c City Clerk d City Attorney e City Manager f Fire Chief g Police Chief h Director of Public Works 4 r ^� ,ADVANCED RISK MANAGEMENT TECHNIQUES, INC Purchasing Agent Director of Recreation and Parks k City Council Member on the Risk Management Committee Representative of Southern California Risk Management Associates in Representative of Colen & Lee n General Manager, Independent Cities Risk Management Authorit} During the interviews we will review procedures. files, systems, communications, goals and policies We will also examine the level of staffing and other resources used by the City to perform each function During the course of the project, other individuals to be interviewed may be identified If so, they will be incorporated in the interview schedule 4 Analyze all data received. 5 Conduct follow -up interviews and obtain supplemental information as needed 6 Prepare a draft report of findings and recommendations The report will address each issue of the Scope section of this proposal It will contain a short management summary, followed by the detailed backup necessary to support all conclusions Our reports are practical working documents They are often used by clients for several years to guide implementation and measure progress toward established goals. To ensure usability, we keep unnecessary technical jargon to a minimum. 7 Meet with the City to discuss the draft report 8 Prepare a final report C. MATERIAL TO BE PROVIDED CONSULTANT During the initial stages of the project, we would like the City to provide 1 The most current annual financial statement and budget report 5 13F ADVANCED RISK MANAGEMENT TECHNIQUES, INC 2 Job descriptions for each City employee performing risk management tasks that are a subject of this study 3 Copies of contracts with claims adjustors 4 Copies of all procedures, ordinances and policies that address risk management issues 5 Copies of any recent claim audits, actuarial studies or other technical or management studies related to City risk management It is likely that, during the course of this study we will identify additional information that would be helpful We will request that information as we become aware of the need for it We will keep all such requests to a nummum, consistent with the need to conduct a thorough study The data requested does not address the optional projects If the optional projects are requested, we will submit a supplemental data request D. TIMING The City wants to fund this project from its October 1, 2000/01 budget The City would also like to complete work as soon as possible We suggest the schedule in Table II -1 on the following page 0 13� ,ADVANCED RISK MANAGEMENT TECHNIQUES, INC r Table II -1 Proposed Project Schedule Activity Target Completion Dates (Days From Project Inception) City authorizes work 1 Initial telephone discussion 3 City provides requested data 14 Interviews at City 20 Complete initial data analysis 30 Complete follow -up interviews 35 Submit draft report 40 Meet to discuss draft report 45 Submit final dratt report 50 ARM Tech is flexible in its timing We can start work prior to October 1, 2000 We can complete work more quickly if interviews are scheduled earlier 14n A -,v4NCEG RISK MANAGEMENT TEC;HNIC,)IIFC INr 111. QUALIFICATIONS In this section, we describe ARM Tech's qualifications and those of the consultants likely to work on the project A. ARM TECH ARM Tech is a risk management, actuarial and insurance consulting firm Founded in 1982, ARM Tech has 12 consulting professionals, plus support staff ARM Tech's headquarters are in Lake Forest, California Local government represents over 60% of ARM Tech's consulting practice. As a recognized leader in providing public entity risk management advice, we have assisted hundreds of City governments with risk management concerns. B. PROJECT TEAM Personnel who will work on this project are 1 Mr. Steven A Kahn, CPCU, ARM. Mr Kahn will work on the project. He has more than 24 years' experience as a consultant to governmental entities Mr Kahn holds an MBA with an emphasis in risk management from the University of Georgia. He is past President of the Orange Empire Chapter of the Society of CPCU, Editor of Practical Risk Management (PRM) and past President of the Risk Management Research Council He is a frequent speaker at PRIMA, RIMS and other industry meetings 2. Mr. Michael M. Kaddatz, CPCU, ARM. Mr. Kaddatz will also work on the protect, participate in discussions of key issues, assist in obtaining information from other cities and provide peer review. He has more than 23 years of independent risk management consulting experience Mr. Kaddatz also spent two years in the risk management department of a mayor utility and three years as an underwriter E 1411 RISK MANAGEMENT TECHNIQUES INC Mr Kaddatz is past President of the Society of Risk Management Consultants He also served as National Governing Chairman for the Society of CPCU's Risk Management Section 3 Mr. Peter F. / unker, ARM. Mr Junker is a senior consultant at ARM Tech and will assist with onsite work and analysis He has provided consulting service to many government clients, including King Count}, Washington, San Jose and Orange County Fire Authorit} Other ARM Tech personnel may provide support Resumes are appended C. REFERENCES We encourage you to talk to those familiar with our work Clients for whom we have performed work sunilar to that proposed here include. Mr Scott G. Malkemus Ms Sharon O. Ughtholder Personnel Director Risk Manager City of Brea County of Orange (714) 990 -7719 (714) 834 -2696 Ms Priscilla Morse Mr Don Siggelkow Risk Manager Budget Director County of San Mateo City of Minneapolis (650) 3634610 (612) 673 -2918 Mr Kent Rock Mr Donald E. Dodson, ARM Treasurer Risk Manager City of Boise City of La Mesa (208) 384 -3780 (619) 667 -1178 Mr Richard Welch Mr. Ervin Young Risk Manager Director of Personnel City of Los Angeles City of Santa Cruz (213) 473 -5622 (831) 420 -5040 Mr. Ron Gudfode Mr Delta Uyenoyama Risk and Benefits Manager Chief — Risk Management Operations City of Saint Paul County of Los Angeles (651) 266 -8888 (213) 974 -1101 E 142 PC��NCED RISK MANAGEMENT TECHNIQHFS IN(- -JR- IV. FEES To complete the proposed project, excluding the optional project, the fee is $9,950 This includes all fees and expenses Fifty percent (50%) of the project fee will be invoiced when work commences The balance will be invoiced 60 days later Each invoice is due upon presentation To complete the optional projects, the fees are as shown in Table IV -1 Table IV-1 Fees for Optional Projects Optional Project Fee C surance and indemnity clauses $1,250 Evaluate cost allocation formula 1,000 Evaluate liability loss trends 900 Evaluate workers compensation loss trends 2,400 If the optional projects are accepted, the invoices will be modified accordingly To accommodate the City's desire to complete work soon, we are prepared to commence work prior to October 1, 2000 and submit the first invoice after October 1, 2000. The final invoice will be submitted 60 days after work commences. ILI j Q i ADVANCED RISK MANAGEMENT TECHNIQUES, INC APPENDIX A Project Team Resumes i" ADVAN`EC RISK MANAGEMENT TECHNIQUES, INC STEVEN P. KAHN, CPCU, ARM Managing Director EXPERIENCE Advanced Risk Management Techniques, Inc - March, 1982 to present Consultant to corporations and public agencies on risk management, propem and casualty insurance. self - insurance, cash -flow programs and risk pooling programs Warren, McVeigh & Griffin, Inc - May, 1976 to March, 1982 Principal Consultant Provided a full range of risk management services similar to services now provided b% Advanced Risk Management Techniques, Inc University of Georgia - January, 1975 to May, 1976 Graduate Assistant, Department of Risk Management and Insurance Provided inswction to undergraduate students in statistics, computer programming and insurance Also performed independent research projects for the Head of the Department Hartford Insurance Group - January, 1973 to December, 1974. Started as management trainee Advanced to commercial casualty underwriter responsible for workers' compensation and all liability Imes U S Army - Active duty, August, 1972 to January, 1973 Active reserves, 1973 to 1980 Discharged as Captain ACADEMIC University of Georgia, Athens, Georgia M B.A with emphasis on risk management and BACKGROUND insurance Graduate assistant to Department Head • University of Oregon, Eugene, Oregon B A in Marketing • American Institute for Property and Liability Underwriters, Inc • Chartered Property and Casualty Underwriter (CPCU) designation, October, 1977 • Continuing Professional Development Certificate • Insurance Institute of America, Associate in Risk Management (ARM) Designation, August, 1978 (Highest grade in country on ARM 56 exam) PROFESSIONAL a Society of Chartered Property and Casualty Underwriters - Past President, Orange Empire SOCIETIES Chapter • Society of Risk Management Consultants • Risk Management Research Council, Past President • Editor, Practical Risk Management PUBLISHED 0 "Pooling A Review of Results," Risk Financing, May, 1987 ARTICLES 0 "Excess Workers' Compensation Insurance," The Risk Report, January, 1985 • "Basics of Fidelity Bonds," Public Risk, October, 1989 • "Excess Workers' Compensation Insurance, An Update" Commercial Liability Gisurance, November 1989 • "Avoiding Crime Coverage Gaps," The Risk Report, November 1992 • "Nontnsurance Risk Transfer," AMA Management Handbook, November 1994 LICENSES Licensed as a Risk Management Consultant in Maine, Maryland, Michigan, Nebraska, New York and Texas • PriNate pilot T ,4 M MICHAEL M. KADDATZ, CPCU, ARM Managing Director EXPERIENCE Independent Risk Management Consulting — 1977 to present Consultant to businesses, public agencies and associations on risk management property/casualty insurance, self - insurance, cash-floe, risk retention pools, contractual risk transfer and other risk treatment programs With ARM Tech since 1982 Risk Management — Two years as an insurance analyst for Southern California Edison Administered owner - controlled property/casualty insurance program for large construction projects. Responsible for casualty insurance portfolio including nuclear and marine programs. Reviewed contracts and negotiated insurance- related contractual provisions with vendors Underwriting — Three years as a casualty underwriter for Employers Insurance of Wausau. Underwrote liability, crime and workers' compensation insurance for large commercial accounts Specialized in retrospective and other loss - responsive rating plans ACADEMIC University of Wisconsin, Stevens Point, Wisconsin BACKGROUND B.S. in Business Administration and Economics Califorma State University, Long Beach Graduate studies in Finance American Institute for Property and Liability Underwriters, Inc., Chartered Property Casualty Underwriter (CPCU) Continuing Professional Develop- ment Certificate Insurance Institute of America, Associate in Risk Management (ARM) PROFESSIONAL Society of Chartered Property and Casualty Underwriters - Past Governing SOCIETIES Chair, Risk Management Section Society of Risk Management Consultants - Past President PAPERS AND "Mergers & Acquisitions - Risk Analysis," Society of Risk Management PUBLICATIONS Consultants "Self- Insurance Program Requires Planning," National Underwriter Contractual Risk Transfer, contributing author, International Risk Management Institute, Dallas, Texas "Determining Appropriate Broker Compensation," ASHRM "Public Entity Pools," National Institute of Municipal Law Officers "Surety Bonds - The Public Agency's Perspective," Creative Approaches - Managing Public Agency Risks, published by PRIMA "Contractual Risk Transfer," RIMS, PRIMA, American Public Power Association (APPA), Insurance Education Association, International Ri-,k Management Institute t4f PETER F. Senior Consultant EXPERIENCE Independent Risk Management Consulting — 1996 to present Consultant to corporations, public agencies and associations on risk management, property and casualty insurance, self - insurance, cash -flow programs, captives and other risk treatment programs With ARM Tech since 1998 Underwriting — Eight years Account Executive for TIG and Underwriter for AIG Risk Management Underwrote nsk management accounts and association programs that utilized cash -flow and self - insurance approaches such as captives, large deductibles, retros and fronting arrangements Excess Casualty Underwriter for American Re- Insurance and Howden Agencies Risk Management — Four years. Risk Manager for Thrifty Corporation and Risk Specialist for Lockheed Corporation. Negotiated purchase of property, liability and workers', compensation insurance, set up premium allocation systems, reviewed leases and contracts, advised management on proper self - insured reserve levels, participated in workers' compensation claim reviews and coordinated loss control and claims handling Actuarial — Five years Actuarial Analyst for Crum & Foster Analyzed loss data and calculated rates for auto liability, medical malpractice, products liability and umbrella liability .ACADEMIC The College of Insurance, New York, New York BACKGROUND B.S — Actuarial Science Insurance Institute of America, Associate in Risk Management (ARM) PROFESSIONAL Risk & Insurance Management Society (RIMS) SOCIETIES 1989 -1993 PAPERS AND "Agency Captives - Are They Right For You ?" PUBLICATIONS Insurance Women of Los Angeles (IWLA) "Risk Funding In The 90's" Risk & Insurance Management Society (RIMS) 4/98 - - _ �� �, vC_� R,SY � ✓� , �,, -_ �i� _ �HNI�UES I��C 141 APPENDIX B Public Entity Client List ;4 ADVANCED RISK MANAGEMENT TECHNIQUES, INC e ADVANCED RISK MANAGEMENT TECHNIQUES, INC. PUBLIC ENTITIES SERVED Associations and Pools Education Cities Aiaska Municipal League Alaska School Boards Association Albuquerque New Mexico Amerind Risk Management Corporation Broward Count} 5choo6 Florida Arvada Colorado A „ooanon of Washington Cities California Institute or Technologt Boise Idaho Arizona Municipal Ri,k Retention Group Capistrano Untried School District Colorado Springs Colorado California Sanitation Risk Mgmt Association Centinela South Bay School Ins Authority Costa Mesa California California Transit Insurance Pool College of the Sequoias Denver Colorado Cenrlal San Joaquin Valley Risk Management Compton Unified School District Duluth Minnesota Association Illinois Schools Group Honolulu, Hawan Colorado Intergovernmental Risk Sharing Agency Iowa Board of Regents Juneau Alaska Coluraco Special Districts Pool Los Angeles Community College District Kodiak Alaska Couny Supervisors Association of California Los Angeles County Office of Education La Mesa California Excess Insurance Authont,f Montana School Boards Association Laguna Niguel, California Fire Agencies Insurance Risk Authority IFAIRA) North Carolina State Board of Education Los Angeles California Housing Authority Risk Retention Pool Purdue University Lubbock Texas Kansas Eastern Region Insurance Trust Riverside County School Districts Minneapolis Minnesota Missoun Public Ent iv Risk Mgmt Fund San Diego County Office of Education Oklahoma Cu) Oklahoma Montana League of One, Schools Linked for Insurance Management Ontario California Montana Municipal insurance Authorltl University of Alaska Oxnard California National Association of County Executives University of California Petaluma, California rNACO University of Hawaii Phoenix, Arizona Nebraska A5500aton of County Officials University or Michigan Placentia California North Dakota Insurance Reserve Fund University or Mississippi Medical Center Portervdle California Santa Clara Coum> Schools Ins Group University of Wyoming Provo, Utah Schools Insurance Authorn) Ventura County Schools Renton Washington South Carolina Municipal Insurance Trust Washington State School Directors Assoc Rialto, California Volusia Counol of Governments Florida Roseville, California V, uconsm Counties Association Districts and Authorities Saint Paul Minnesota lM�om ing Association or Risk Management Alameda Bureau of Electricity Santa Ana California Transportation Albuquerque Water Res Department Santa Maria, California Bonneville Power Adminstration Simi Valley California Airport Authority or Washoe County Chelan Public Utility District Ventura, California Alabama Transit Association King County Housing Authority California Department of Transportation Los Angeles Dept of Water and Power Counhes/Boroughs California Transit Association Greater Lafayette Public Transportation Lower Colorado River Authority Alameda, California Corporation Memphis Light, Gas & Water Fairbanks, Alaska Indianapolis Public Transportation Corporation Missouri River Energy Services Salt River Project Jackson, Oregon Massachusetts Association of Regional Transit San Diego Housing Corporation Johnson, Kansas Kauai, Hawaii Authorities Memphis Area Transit Authority South Tahoe Public Utility District Kem, California Metropolitan Transit Commission, Tacoma Port Authority Turlock Irrigation District Ketchikan, Alaska Minneapolis/Safnt Paul Michigan Department of Transportation Utah Municipal Power Agency King, Washington Los Angeles, California Missusippf State Highway Department States Marquette, Michigan Onio Department of Transportation Maui, ui, Ha waPort of Long Beach Arizona Nevada Napa, C California Port of Seattle Colorado New Mexico Orange, California Port of Tacoma Delaware North Dakota Pinellas, Florida Riverside County Transportation Commission Hawaii San Juan, Washington Seattle Metro Idaho Idaho South Dakota San Luis Obis California p0, Sonoma County Transit Kentucky Utah Tocele, Utah Texa, Department of Highways and Public Maine West Virginia Washoe, Nevada Transportation Michigan Wisconsin Whitman, Washington Wisconsin Department of Transportation Mississippi Wyoming Missouri Navajo Indian Nation 14 "i 23701 Bracher Drive Lake Forest, CA 92630 -1783 • (949) 471 -8324 . FAX (949) 472 -9228 Independent C ri,o&n ,,, . ,...,_-L .r. -• ^--• • • APPENDIX C Brochure Practical Risk Management I i f, ADV"NCED RISK MANAGEMENT TECHNIQUES, INC Published by D EZCH With continuing counsel from a panel of advisors Practical Risk Management The Professional's Handbook Updated and Reprinted Order now and receive: • All copy reprinted • Two new binders • Four updates each year • Available Online The Risk Manager's How- To -Do -lt Working Tool For more information call 949 - 458 -9474 Or E -mad. karla@pracrisk.com Practical Risk Management is published by the West's largest risk management consulting firm, ARM Tech Practical Risk Management has been completely reprinted, remdexed, and reissued, with new pages and new binders This brand new edition includes all topics of the last 25 years, with many more to come Who is ARM Tech? ARM Tech is an independent risk management, actuarial and insurance consulting firm. ARM Tech provides a broad range of services to corporations and governmental entities Valuable background from consulting assignments supports the writing and updating of PRM topics. ARM Tech's principals, in particular Steven Kahn and Michael Kaddatz, have worked as advisors with PRM's Dave Warren and Ros McIntosh since PRM's early years. In addition, ARM Tech profes- sionals bring special expertise in healthcare, construction, utility, association pool and public entity industries, as well as actuarial and claim audit disciplines What's in the new Practical Risk Management? There are regular updates and additions to the print version and to PRM OnLINE, the Internet version of Practical Risk Management, which is enjoying growing popularity. Visit our new Website! The Practical Risk Management website has been completely revised. Visit us at pracrtsk.com How Is It Used? Practical Risk Management is used: • As a reference and guide to such tasks as. Reviewing insurance clauses in contracts • Researching risk management issues • Understanding insurance policy provisions • Working with brokers and direct writing insurers • Risk management administration and record - keeping • Loss prevention and claims supervision • Subrogating claims • Controlling litigation .Allocating costs among departments and many, many other risk management functions • To train staff in the essentials and fine points of risk management • To influence management on risk management issues • To expand the risk manager's knowledge and education Who Uses It? Practical Risk Management is used by: • Most of the Fortune 1000 companies • All the major insurance brokers • Risk managers in over 30 countries • Finance officers, underwriters, lawyers and accountants • Other executives responsible for the risk management function Authority and Acceptance • PRM is as authoritative as any single source can be. Each topic is closely reviewed by specialists and permanent advisors before being condensed into a readable format. This variety of sources provides a consensus not available anywhere else. Use it to back up requests or recommendations to management or clients, and for presentations and training. • In several sessions at RIMS conferences, Practical Risk Management was voted the risk manager's most valuable reference. The Pittsburgh RIMS Chapter conducted a survey which found Practical Risk Management to be the "most useful" of all manuals. Pricing: New* Renewal Option A Printed Version .. ...$385.. .$185 Option B Online Version .. ... .$199 . .$149 Option C Both Versions ... ...... $440. ..... $210 *For orders outside the United States, please add $25 for first year postage and $10 for renewal years. —5—/ /;� What is Practical Risk Management? Since its inception in 1974, Practical Risk Management has grown into what is probably the world's most widely used risk management reference. It is a 2-volume, loose -leaf handbook, covering all aspects of risk management, with chapters as follows: Why In- House'Risk Manageme B. Risk Finance' &Self )> Accounting Association Pools • ' Captive Insurance Companies Cash Flow Plans Cost Allocation Derivatives Financial Guarantees Mergers & Acquisitions Municipal Pooling OCIP Risk Finance Risk Retention Risk Retention Act Self - Insurance of W/C State Self -Ins. Requirements Taxes Tender Offer Insurance C.Insurers Direct Writers Factory Mutual System Highly Protected Risks Illinois Insurance Exchange E. Legal &Political Aspects Acting as a Witness in Legal Procedings Court Cases Employee Benefits International Risk Management Kidnap & Ransom Litigation Management Political Risks Punitive Damages Risk Mgt. and the Law F. Property Risks and Insurance Boiler & Machinery Builders Risk insurance Computer Centers Construction Projects Crime Difference -In- Conditions Earthquake Flood Goods in Transit Ocean Marine Property r,vwcuwi ocmucwuuy Rented Vehicles" - Umbrella Liability Underground Storage Tanks Workers Compensation H. Risk Manager's Resources Consultants Data Processing and Statistics Publications Risk Management Education Risk Mgt. Information Systems Risk Management on the Internet Risk Management Organizations State Regulation I. Specific Industries Agents and Brokers Banks and Financial Institutions Construction Contractors Hospitals Public Entities J. Index /Glossary r 152 Practical Risk Management 23701 Butcher Drive Lake Forest, CA 92630 i4g With contmutng xnael from a pan Practical Risk Management The Professional's Handbook Visit us online at www.pracrisk.com The Risk Manager's How- To-Do -It Working Tool Order now by returning the following form with your check payable to Practical Risk Management tPractical Mail to: Risk Management Phone: 949 -45B -9474 ' ' 23701 Birtcher Drive Fax: 949 -472 -9228 t Lake Forest, CA 92630 E -mail: karia®pracrisk.com 'My matting address is. ' Name ' title ' Ctxnoanv ' Address t CM state zip ' Phone Fax E -Mad ' Please send: t A ❑ Complete printed set.... . $385 For orders outside the United States, please add $25 ' B ❑ OnLine Version... .. ... $199 for first year postage and $10 for renewal years. ' C ❑ Both Versions . ... ..... $440 7/0 AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT, made and entered into this 19th day of September, 2000, between the CITY OF EL SEGUNDO, a municipal corporation, hereinafter referred to as "City" and the—Advanced Risk Management Techniques, Inc hereinafter referred to as "Consultant" Inconsideration of the mutual covenants and conditions set forth herein, the parties agree as follows 1 SCOPE OF SERVICES Consultant agrees to perform the services set forth in Exhibit "A" "SCOPE OF SERVICES" and made a part hereof Consultant represents and warrants that it has the qualifications, experience and facilities to properly perform said services in a thorough, competent and professional manner and shall, at all times during the term of this Agreement, have in full force and effect, all licenses required of it by law, including, but not limited to, a valid El Segundo Business License Consultants shall begin its services under this Agreement on September 19, 2000 Consultant shall complete each of the services set forth in Exhibit A to the City's satisfaction If the City is not satisfied with any such services, the Consultant shall work on such matter until the City approves of the service Further, Consultant shall complete the services set forth in Exhibit A strictly according to the schedule provided therein -I- 153 h 2 STATUS OF CONSULTANT Consultant is and shall at all times remain as to the City a wholly independent contractor The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control Neither City nor any of its officers, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees or agents, except as set forth in this Agreement Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner Consultant shall not disseminate any information or reports gathered or created pursuant to this Agreement without the prior written approval of City except information or reports required by government agencies to enable Consultant to perform its duties under this Agreement 3 CONSULTANT'S KNOWLEDGE OF APPLICABLE LAWS Consultant shall keep itself informed of applicable local, state and federal laws and regulations which may affect those employed by it or in any way affect the performance of its services pursuant to this Agreement. Consultant shall observe and comply with all such laws and regulations affecting its employees City and its officers and employees, shall not be liable at law or in equity as a result of any failure of Consultant to comply with this section -2- 154 4 PERSONNEL Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant's staff assigned to perform the services hereunder and shall obtain the approval of the City Manager of all proposed staff members performing services under this Agreement prior to any such performance 5 COMPENSATION AND METHOD OF PAYMENT Compensation to the Consultant is set forth in Exhibit "A" Section IV hereto and made a part hereof Payments shall be made within thirty (30) days after receipt of each invoice as to all non - disputed fees If the City disputes any of consultant's-fees it shall give written notice to Consultant in 30 days of receipt of a invoice of any disputed fees set forth on the invoice 6 ADDITIONAL SERVICES OF CONSULTANT. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein or listed in Exhibit "A ", unless such additional services are authorized in advance and in writing by the City Manager Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. -3- 155 7 ASSIGNMENT All services required hereunder shall be performed by Consultant, its employees or personnel under direct contract with Consultant Consultant shall not assign to any subcontractor the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without the prior written consent of City Manager 8 FACILITIES AND RECORDS City agrees to provide suitably equipped and furnished office space, public counter, telephone, and use of copying equipment and necessary office supplies for Consultant's on -site staff, if any Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessibie. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts therefrom as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment 9 TERMINATION OF AGREEMENT This Agreement maybe terminated with -4- 15R or without cause by either party upon 30 days written notice In the event of such termination, Consultant shall be compensated for non - disputed fees underthe terms of this Agreement up to the date of termination 10 COOPERATION BY CITY All public information, data, reports, records, and maps as are existing and available to City as public records, and which are necessary for carrying out the work as outlined in the Scope of Services, shall be furnished to Consultant in every reasonable way to facilitate, without undue delay, the work to be performed under this Agreement 11 OWNERSHIP OF DOCUMENTS. Upon satisfactory completion of, or in the event of termination, suspension or abandonment of, this Agreement, all original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall, become the sole property of City With respect to computer files, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. -5- 157 x 12 RELEASE OF INFORMATIONICONFLICTS OF INTEREST (a) All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization excepting that information which is a public record and subject to disclosure pursuant to the California Public Records Act, Government Code 0 6250, et sea Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena If Consultant or any of its officers, employees, consultants or subcontractors does voluntarily provide information in violation of this Agreement, City has the right to reim- bursement and indemnity from Consultant for any damages caused by Consultant's conduct, including the City's attorney's fees Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other t� 1FF discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the City City retains the right, but has no obligation, to represent Consultant and /or be present at any deposition, hearing or similar proceeding Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response (b) Consultant covenants that neither they nor any officer or principal of their firm has any interest in, or shall they acquire any interest, directly or indirectly which will conflict in any manner or degree with the performance of their services hereunder Consultant further covenants that in the performance of this Agreement, no person having such interest shall be employed by them as an officer, employee, agent, or subcontractor without the express written consent of the City Manager 13 DEFAULT In the event that Consultant is in default of any provision of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. -7- 1 5q 14 INDEMNIFICATION (a) CONSULTANT REPRESENTS IT IS SKILLED IN THE PROFESSIONAL CALLING NECESSARY TO PERFORM THE SERVICES AND DUTIES AGREED TO HEREUNDER BY CONSULTANT, AND CITY RELIES UPON THE SKILLS AND KNOWLEDGE OF CONSULTANT. CONSULTANT SHALL PERFORM SUCH SERVICES AND DUTIES CONSISTENT WITH THE STANDARDS GENERALLY RECOGNIZED AS BEING EMPLOYED BY PROFESSIONALS PERFORMING SIMILAR SERVICE IN THE STATE OF CALIFORNIA. (b) CONSULTANT IS AN INDEPENDENT CONTRACTOR AND SHALL HAVE NO AUTHORITY TO BIND CITY NOR TO CREATE OR INCUR ANY OBLIGATION ON BEHALF OF OR LIABILITY AGAINST CITY, WHETHER BY CONTRACT OR OTHERWISE, UNLESS SUCH AUTHORITY IS EXPRESSLY CONFERRED UNDER THIS AGREEMENT OR IS OTHERWISE EXPRESSLY CONFERRED IN WRITING BY CITY. CITY, ITS ELECTED AND APPOINTED OFFICIALS, OFFICERS, AGENTS, EMPLOYEES AND VOLUNTEERS (INDIVIDUALLY AND COLLECTIVELY, "INDEMNITEES ") SHALL HAVE NO LIABILITY TO CONSULTANT OR TO ANY OTHER PERSON FOR, AND CONSULTANT SHALL INDEMNIFY, DEFEND, PROTECT AND HOLD HARMLESS THE INDEMNITEES FROM AND AGAINST, ANY AND ALL LIABILITIES, CLAIMS, ACTIONS, CAUSES OF ACTION, PROCEEDINGS, SUITS, DAMAGES, JUDGMENTS, LIENS, LEVIES, COSTS AND EXPENSES OF WHATEVER NATURE, INCLUDING -4 j�n REASONABLE ATTORNEYS' FEES AND DISBURSEMENTS (COLLECTIVELY "CLAIMS"), WHICH THE INDEMNITEES MAY SUFFER OR INCUR OR TO WHICH THE INDEMNITEES MAY BECOME SUBJECT BY REASON OF OR ARISING OUT OF ANY INJURY TO OR DEATH OF ANY PERSON(S), DAMAGE TO PROPERTY, LOSS OF USE OF PROPERTY, ECONOMIC LOSS OR OTHERWISE OCCURRING AS A RESULT OF OR ALLEGEDLY CAUSED BY THE PERFORMANCE OR FAILURE TO PERFORM BY CONSULTANT OF CONSULTANT'S SERVICES UNDER THIS AGREEMENT OR THE NEGLIGENT OR WILLFUL ACTS OR OMISSIONS OF CONSULTANT, ITS AGENTS, OFFICERS, DIRECTORS OR EMPLOYEES, IN PERFORMING ANY OF THE SERVICES - UNDER THIS AGREEMENT. IF ANY ACTION OR PROCEEDING IS BROUGHT AGAINST THE INDEMNITEES BY REASON OF ANY OF THE MATTERS AGAINST WHICH CONSULTANT HAS AGREED TO INDEMNIFY THE INDEMNITEES AS ABOVE PROVIDED, CONSULTANT, UPON NOTICE FROM THE CITY, SHALL DEFEND THE INDEMNITEES AT CONSULTANT'S EXPENSE BY COUNSEL ACCEPTABLE TO THE CITY. THE INDEMNITEES NEED NOT HAVE FIRST PAID ANY OF THE MATTERS AS TO WHICH THE INDEMNITEES ARE ENTITLED TO INDEMNITY IN ORDER TO BE SO INDEMNIFIED. THE INSURANCE REQUIRED TO BE MAINTAINED BY CONSULTANT UNDER PARAGRAPH 15 SHALL ENSURE CONSULTANTS OBLIGATIONS UNDER THIS PARAGRAPH 14(B), BUT THE LIMITS OF SUCH INSURANCE SHALL NOT LIMIT THE LIABILITY OF CONSULTANT HEREUNDER. THE PROVISIONS OF THIS 161 PARAGRAPH 14(B) SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. THE CONSULTANT'S INDEMNIFICATION DOES NOT EXTEND TO CLAIMS OCCURRING AS A RESULT OF THE CITY'S NEGLIGENT OR WILLFUL ACTS OR OMISSIONS. CONSULTANT HAS READ THIS SECTION 14 IN ITS ENTIRETY AND KNOWLINGLY AND WILLINGLY ACCEPTS THE OBLIGATIONS CONTAINED HEREIN. 15 INSURANCE A Insurance Reouirements Consultant shall provide and maintain insurance acceptable to the City Attorney in full force and effect throughout the term of this Agreement, against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by Consultant, its agents, representatives or employees Insurance is to be placed with insurers with a current A M Best's rating of no less than A•VII Consultant shall provide the following scope and limits of insurance broad as. (1) Minimum Scope of Insurance Coverage shall be at least as (a) Insurance Services Office form Commercial General Liability coverage (Occurrence Form CG 0001) -10- 1 iz '% (b) Insurance Services Office form number CA 0001 (Ed 1/87) covering Automobile Liability, including code 1 "any auto" and endorsement CA 0025, or equivalent forms subject to the written approval of the City (c) Workers' Compensation insurance as required by the Labor Code of State of California and Employer's Liability insurance and covering all persons providing services on behalf of the Consultant and all risks to such persons under this Agreement (Not needed ff Self - employed with no employees) (d) Errors and omissions liability insurance appropriate to the Consultant's profession (2) Minimum Limits of Insurance Consultant shall maintain limits of insurance no less than (a) General Liability $1,000,000 per occurrence for bodily injury, personal injury and property damage If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the activities related to this Agreement or the general aggregate lima shall be twice the required occurrence limit (b) Automobile Liability $1,000,000 per accident for bodily injury and property damage (c) Workers' Compensation and Employer's Liability Workers' Compensation as required by the Labor Code of the State of California and -11- 163 Employers Liability limits of $1,000,000 per accident occurrence (d) Errors and Omissions Liability $1,000,000 per B Other Provisions Insurance policies required by this Agreement shall contain the following provisions (1) All Policies Each insurance policy required by this paragraph 15 shall be endorsed and state the coverage shall not be suspended, voided, canceled by the insurer or either party to this Agreement, reduced in coverage or in limits except after 30 days' prior written notice by Certified mail, return receipt requested, has been given to the City (2) General Liability and Automobile Liability Coverages (a) City, its officers, officials, and employees and volunteers are to be covered as additional insureds as respects- liability ansing out of activities Consultant performs, products and completed operations of Consultant; premises owned, occupied or used by Consultant, or automobiles owned, leased or hired or borrowed by Consultant. The coverage shall contain no special limitations on the scope of protection afforded to City, its officers, officials, or employees. (b) Consultant's insurance coverage shall be primary insurance as respect to City, its officers, officials, employees and volunteers. Any -12- 164 insurance or self insurance maintained by City, its officers, officials, employees or volunteers shall apply in excess of, and not contribute with, Consultant's insurance (c) Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability (d) Any failure to comply with the reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers (3) Workers' Compensation and Employer's Liability Coverage Unless the City Manager otherwise agrees in writing, the insurer shall agree to waive all rights of subrogation against City, its officers, officials, employees and agents for losses arising from work performed by Consultant for City C Other Requirements Consultant agrees to deposit with City, at or before the effective date of this contract, certificates of insurance necessary to satisfy City that the insurance provisions of this contract have been compiled with, The City Attorney may require that Consultant furnish City with copies of original endorsements effecting coverage required by this Section The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf City reserves the right to inspect complete, certified copies of all required insurance policies, at any time -13- fry -�nMk (1) Consultant shall furnish certificates and endorsements from each subcontractor identical to those Consultant provides (2) Any deductibles or self - insured retentions must be declared to and approved by City At the option of the City, either the insurer shall reduce or eliminate such deductibles or self - insured retentions as respects the City, its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims (3) The procuring of such required policy or policies of insurance shall not be construed to limit Consultant's liability hereunder nor to fulfill the indemnification provisions and requirements of this Agreement 16 ENTIRE AGREEMENT This Agreement is the complete, final, entire and exclusive expression of the Agreement between the parties hereto and supersedes any and all other agreements, either oral or in writing, between the parties with respect to the subject matter herein Each party to this Agreement acknowledges that no representations by any party which are not embodied herein and that no other agreement, statement, or promise not contained in this Agreement shall be valid and binding 17 GOVERNING LAW The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and -19- IPr. ,Q a liabilities of the parties to this Agreement and also govern the interpretation of this Agreement Any litigation concerning this Agreement shall take place in the Los Angeles County Superior Court 18 ASSIGNMENT OR SUBSTITUTION City has an interest in the qualifications of and capability of the persons and entities who will fulfill the duties and obligations imposed upon Consultant by this Agreement In recognition of that interest, neither any complete nor partial assignment of this Agreement may be made by Consultant nor changed, substituted for, deleted, or added to without the prior written consent of City Any attempted assignment or substitution shall be ineffective, null, and void, and constitute a material breach of this Agreement entitling City to any and all remedies at law or in equity, including summary termination of this Agreement 19 MODIFICATION OFAGREEMEN The terms of this Agreement can only be modified in writing approved by the City Council and the Consultant The parties agree that this requirement for written modifications cannot be waived and any attempted waiver shall be void 20 AUTHORITY TO EXECUTE The person or persons executing this Agreement on behalf of Consultant warrants and represents that he /she/they hasthave the authority to execute this Agreement on behalf of his/her/their corporation and warrants and represents that he /shefthey has /have the authonty to bind Consultant to the performance of its obligations hereunder -15- f1z 117 21 NOTICES Notices shall be given pursuant to this Agreement by personal service on the party to be noted, or by written notice upon such party deposited in the custody of the United States Postal Service addressed as follows City City Clerk's Department City of El Segundo 350 Main Street El Segundo, California 90245 Telephone (310) 322 -4670, extension 230 Facsimile (310) 322 -4167 Consultant Attention The notices shall be deemed to have been given as of the date of personal service, or three (3) days after the date of deposit of the same in the custody of the United States Postal Service 20 SEVERABILITY The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of the other provisions of this Agreement -11- I C r IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year firstbovie` written �, GeC By t � i Title J, -m.? 4 r� V CITY OF EL SEGUNDO M Title ATTEST APPR ED AS TO FORM: Cindy Mortesen rk D. He6 ey City Clerk City Attorney MV-10 1 q r,, EL SEGUNDO CITY COUNCIL AGENDA ITEM STATEMENT AGENDA DESCRIPTION: MEETING DATE: September 19, 2000 AGENDA HEADING: Consent Calendar Approval of Examination plan for the Personnel Merit System job classification of Police Captain. RECOMMENDED COUNCIL ACTION: 1) Approve the examination plan BACKGROUND & DISCUSSION: PLEASE REFER TO ATTACHMENT - ATTACHED SUPPORTING DOCUMENTS: None FISCAL IMPACT: N/A Operating Budget: N/A Amount Requested: N/A Account Number:: N/A Project Phase:: N/A Appropriation required: No ORI?e; DATE: Jeff rt Assistant Citv M na er R WED BY: DATE: - Ma Gfra Cifv KA ..nor 18 ACTION 17 0 ATTACHMENT Chapter 2.28 080 of the El Segundo Municipal Code, entitled "Administration and Personnel ", provides that the Personnel Officer shall review and recommend to the City Manager, who in turn shall recommend to the City Council, an appropriate examination plan and weights for each portion of the examination for Personnel Merit System fob classifications The Human Resources Department has initiated the recruitment, testing and selection process for the fob classification of Police Captain and has posted the notices of the examinations in accordance with the City's Municipal Code and the City's Personnel rules and Regulations It is recommended that the City Council approve an examination plan that contain the following examination techniques and weights for each portion of the examinations Police Captain: (Closed - Promotional) Career Preparation Interview & Structural Technical Interview -Weighted 100% t�� CITY OF EL SEGUNDO MEMORANDUM DATE: September 19, 2000 TO: Honorable Mayor and Members of the City Council City Manager City Clerk FROM: Julia Abreu Mason, Council Assistant SUBJECT: Adjournment of September 19, 2000Council Meeting Council may wish to adjourn tonight's meeting in memory of: Mary Ella Shoupe whose life was tragically taken on Sunday, September 10, 2000. [Mayor to fill in pertinent details]. Dr. Dick Bertain, former ESUSD Superintendent, Bush administration official, and long time friend of El Segundoans, died of cancer, on Monday, September 13, 2000. He will be remembered for his legacy to the education of our children and for establishing the El Segundo Educational Foundation which raises money for the school district through private donations. Dr. Bertain is survived by his wife Mary, six children and their nine children. Our condolences to friends and family members. J. w1mcmowlz'Mcmonal Nonficmon Form to City Council&Sint Revised — 9/15/2000 EL SEGUNDO CITY COUNCIL MEETING DATE: September 19, 2000 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Calendar AGENDA DESCRIPTION: Approval of Examination plan for the Personnel Merit System job classification of Police Captain. RECOMMENDED COUNCIL ACTION: 1) Approve the examination plan BACKGROUND & DISCUSSION: - PLEASE REFER TO ATTACHMENT — ATTACHED SUPPORTING DOCUMENTS: None FISCAL IMPACT: N/A Operating Budget: N/A Amount Requested: N/A Account Number:: NIA Project Phase:: N/A Appropriation required: No DATE: September 15, 2000 DATE: TAKEN: HPJCOUNCILIAGENDA '�.M Revised — 9/15/2000 ATTACHMENT Chapter 2 28.080 of the El Segundo Municipal Code, entitled "Administration and Personnel ", provides that the Personnel Officer shall review and recommend to the City Manager, who in turn shall recommend to the City Council, an appropriate examination plan and weights for each portion of the examination for Personnel Merit System fob classifications The Human Resources Department has initiated the recruitment, testing and selection process for the job classification of Police Captain and has posted the notices of the examinations in accordance with the City's Municipal Code and the City's Personnel rules and Regulations. It is recommended that the City Council approve an examination plan that contain the following examination techniques and weights for each portion of the examinations- Police Captain: (Closed - Promotional) Written Skills Exercise — Pass /Fail Career Preparation Interview & Structural Technical Interview - Weighted 100% EL SEGUNDO CITY COUNCIL MEETING DATE: September 19, 2000 AGENDA ITEM STATEMENT AGENDA HEADING. Consent Agenda AGENDA DESCRIPTION Approval of contract with Specialty Door Company, of 820 Ahwahnee Drive, Millbrae, California, a supplier of doors, for $135,888.00, in support of Phase 6 & 7 of the City's Residential Sound Insulation (RSI) Program. RECOMMENDED COUNCIL ACTION. Approve Standard Public Works Contract and authorize the Mayor to execute upon approval of City Attorney BACKGROUND & DISCUSSION Approval of this contract is a milestone in the execution of the City's RSI program, the most recent phase of which was approved by City Council in December, 1999 Specialty Door Company (Specialty) is the lowest responsible bidder. Specialty's bid is well within the estimated cost established by staff Approval of this proposed contract complies with applicable California State and Federal laws. Specialty has successfully supplied doors, including acoustic doors, for numerous residential sound insulation programs and has provided excellent references. Since FAA grant funding for Phase 7 was not received until after the FY1999/2000 budget was approved, this contract is dependant upon approval of the draft FY 2000/01 RSI Program Budget, as submitted To delay approval of this Contract until after Council approves the FY 2000/01 budget will delay the start of construction for at least a month and may result in the City having to re- advertise for bids. While the City will incur some Phase 7 costs this year, costs for construction contracts will not become significant until after the first of October when construction begins ATTACHED SUPPORTING DOCUMENTS Bidder's List and Bid Amounts FISCAL IMPACT: Capital Budget: $1,100,000 is total amount budgeted for FY 2000101 Amount Requested. $ 150,000 lest cost for all project doors, including contingencies ) Account Number, 116 -400- 0000 -8960 Project Phase: Phase 6 & 7 of City's RSI program Appropriation required: NO ORIGINATED: DATE: September 1, 2000 Harvey Holden, Spyyycial Projects James M Hansen, i� or L�6mmunl y, conomic and Development Services Department REVIEWED BY: DATE: Mary Strenn, CitIlyan ger 9/1/002 03 PM 172 CITY OF EL SEGUNDO BID OPENING LOG NO. #CEDS 00-15 City of El Segundo Doors Date of Bid Opening: Tuesday, September 1, 2000 Time of Bid Opening: 11:00 A. M. Place of Bid Opening: City Clerk's Office I 2. 3 n u Specialty Door Company 820 Ahwaluice Drive Millbrae, CA 94030 Moldings Plus Inc 1856 S Grove Avenue Ontario, CA 91761 Staff Present c. P08M8 \8ID \OP811ia0G1 lerk's Department erk's Department Department n 173 EL SEGUNDO CITY COUNCIL MEETING DATE: September 19, 2000 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Cooperative Agreement between the State of California (Caltrans) and the City of El Segundo for construction of traffic signal and roadway improvements at the Sepulveda Boulevard (State Highway Route 1) intersections with El Segundo Boulevard, Grand Avenue and Mariposa Avenue (estimated City's share of project = $387,500 00) RECOMMENDED COUNCIL ACTION. Approve agreement and authorize the Mayor to execute the agreement on behalf of the City. Allocate $387,500 00 from the Traffic Mitigation Fee account Void contract number 2777 (April 18, 2000 agreement approved by City Council, but not finalized by Caltrans) BACKGROUND AND DISCUSSION City and Caltrans staffs have been discussing several intersection improvements for Sepulveda Boulevard at El Segundo Boulevard, Grand Avenue and Mariposa Avenue Additionally, traffic improvements are required at the Grand Avenue intersection to mitigate impacts from the Grand Avenue Corporate Center development On April 18, 2000, the City Council approved a Cooperative Agreement for $112,877 proposed by Caltrans, which would allow the City to implement all the above improvements by means of a single project Subsequent to City Council approval, Caltrans informed staff that the proposed agreement inadvertently had not included estimated costs for the Grand Avenue Corporate Center mitigation improvements and has submitted the enclosed revised draft for approval by the City. Caltrans has requested approval of the revised agreement in its entirety as opposed to an amendment to the previously City approved agreement ATTACHED SUPPORTING DOCUMENTS: 1 Summary of proposed improvements and estimated costs 2 Proposed City - Caltrans Cooperative Agreement. FISCAL IMPACT: Capital Improvement Program: Amount Requested. Account Number. Project Phase: Appropriation Required. $387,500.00 702 - 400 - 8141 -8948 Cooperative Agreement Yes - Traffic Mitigation Fees ORIGINATED BY: Date: Andres Santamana Director of Public Works SEP 12 2091 0 REVIEWED BY: Date: RAmm S4rcnn (N+%, %K PWSEPTEMBER19 01 (Tuesday 9/12100 3 00 P M) 174 SUMMARY OF PROPOSED IMPROVEMENTS Caltrans Funded Improvements (estimated cost = $395.500.001 (a) Left turn green arrows for eastbound El Segundo Boulevard and eastbound Grand Avenue to northbound Sepulveda Boulevard (b) Re- construction of the northwest comer of the Sepulveda Boulevard/ Grand Avenue intersection to provide for a larger truck turning radius Caltrans will also acquire the necessary right -of -way from the auto repair shop at the northwest corner of the intersection for this work 2. City Funded Improvements (estimated cost = $387.500.00) (a) Left turn green arrows for eastbound and westbound Manposa Avenue at Sepulveda Boulevard. (b) Grand Avenue Corporate Center Mitigation Improvements: (i) Second left turn lane for southbound Sepulveda Boulevard to eastbound Grand Avenue, including re- construction of the existing raised median island to accommodate the second left turn lane (ii) Second left turn lane for westbound Grand Avenue to southbound Sepulveda Boulevard, including re- construction of the existing raised median island to accommodate the second left turn lane. TOTAL ESTIMATED PROJECT COST = $783,000.00 (Including design, construction engineering and 15% contingencies) PW- SEPTEMBER19 01 (Monday 9/11100 3 00 P M) 175 District Agreement #174457 7 -LA -I KP 40 49 (PM 25 16) In Los Angeles Count}. In El Segundo Sepulveda Boulevard (SR -1) @ Grand Avenue. Manposa Avenue and at El Segundo Boulevard intersections 7 -375- 4G4200 COOPERATIVE AGREEMENT THIS AGREEMENT, ENTERED INTO ON is between the STATE OF CALIFORNIA, acting by and through its Department of Transportation, referred to herein as "STATE ", and CITY OF EL SEGUNDO, a body politic and a municipal corporation of the State of California, referred to herein as "CITY" I , 176 District Agreement No. 7-4457 RECITALS (1) STATE and CITY, pursuant to Streets and Highways Code Sections 114 and 130 are authorized to enter into a Cooperative Agreement for improvements to State lughw al s A ithin CITY (2) STATE contemplates the construction of the northwest curb return, add a left -tum green arrow on eastbound Grand Avenue and eastbound El Segundo Boulevard to northbound Sepulveda Boulevard, relocatmg the drainage and utility facilities, at the Grand Avenue/ Sepulveda Boulevard (SR -1) intersection by widen the northwest comer curb return at the Grand Avenue/Sepulveda Boulevard intersection referred to herein as "IMPROVEMENTS" (3) CITY desires to modify raised median on westbound Grand Avenue and on southbound Sepulveda Boulevard to install dual left -turn lanes, which exceed State standards and to implement certain improvements to mitigate traffic impacts resulting from a development consisting of the addition of a second left turn lane for southbound Sepulveda Boulevard and westbound Grand Avenue, left turn arrows for east and westbound Manposa Avenue at the Sepulveda Boulevard, and add a second left turn lane for westbound Grand Avenue to south Sepulveda Boulevard, referred to herein as "BETTERMENTS" (4) STATE has requested CITY to design and include IMPROVEMENTS in the construction contract for BETTERMENTS. Both IMPROVEMENTS and BETTERMENTS are collectively referred to herein as "PROJECT' (5) The parties hereto intend to define herein the terms and conditions under which PROJECT is to be constructed, financed, and maintained 2 177 PM District Agreement #7 -4457 SECTION I CITY AGREES (I) To provide all necessary preliminary engineering, including plans and specifications, and utility identification and location and all necessary construction engineering sen ices for PROJECT and bear CITY's share of the expense thereof Estimates of such costs are shown on Exhibit A, attached and made a part of this Agreement. (2) To apply for necessary encroachment permits for required work within State highway rights of way, in accordance with STATE's standard permit procedures. as more specifically defined in Articles (2), (3). and (4) of Section III of this Agreement (�) To construct PROJECT by contract in accordance with plans and specifications of CITY and approved by STATE (4) Construction within the existing or ultimate STATE right of way shall comply with the requirements in STATE's Standard Specifications and PROJECT Special Provisions, and in conformance with methods and practices specified in STATE's Construction Manual (5) CITY s share of the construction cost esurnated to be $397,500 shall be an amount equal to 54% of the actual road work constriction cost, and the cost of STATE furnished material, if any, as determined after completion of work and upon final accounting costs (o) Upon completion of PROJECT and all work incidental thereto, to fin ush STATE with a detailed statement of the portion of the engineering and construction costs to be home by STATE, including resolution of any contract claims, which have been allowed to the construction contractor CITY thereafter shall refund STATE promptly after completion of 3 178 i- District Agreement No. 7-4457 CITY's final accounting of PROJECT costs, any amount of STATE's deposit required in Section II, Article (1) remauung after actual costs to be borne by STATE have been deducted, or to bill STATE for any additional amount required to complete STATE's financial obligations pursuant to this Agreement. (7) To establish separate PROJECT accounts to accumulate charges for all costs to be paid b% STATE pursuant to this Agreement (8) To submit a billing in the amount of $332.435 to STATE 15 days prior to CITY's bid advertising date of a construction contract for PROJECT Said billing represents STATE's share of the total estimated cost of prelumnary engineering, construction and construction engineering for PROJECT (9) To make all necessary arrangements with the owners of public or pnvaie utilit} facilities which could conflict with construction of PROJECT in accordance with applicable law, the provisions of any franchise, master contracts or other agreements m effect with the respective utility owners CITY shall prepare the necessary notices and/or Utility Agreements to relocate, and inspect the required utility relocation work (10) To be responsible, at CITY expense, for the investigation of potential hazardous waste sites and any required cleanup that would impact BETTERMENTS portion of PROJECT Locations subject to cleanup include utility relocation work required for BETTERMENTS 4 17r, District Agreement 07 -4457 SECTION lI STATE AGREES (I) To deposit with CITY within 25 days of receipt of billing therefor (which billing will be forwarded 15 days prior to CITY's bid advertising date of a construction contract for PROJECT), the amount of $332.435, which figure represents STATE s esumated share of the expense of preliminary engineering, construction engineering, and construction costs required to complete PROJECT, as shown on Exhibit A STATE's total obligation of said anticipated PROJECT costs, exclusive of claims and excluding cost referred to in Section III. Article (8) of this agreement, shall not exceed the amount of $365.679, provided that STATE may, at its sole discretion, in writing, authorize a greater amount (2) To issue at no cost to CITY and CITY's contractor, upon proper application by CITY and by CITY's contractor, the necessary encroachment permits for required work within State highway right of way, as more specifically defined in Articles (2), (3), and (4) of Section III of this Agreement (3) To be responsible, at STATE expense, for the investigation of potential hazardous waste sites and any required cleanup that would impact IMPROVEMENTS portion of PROJECT. (4) To pay an amount equal to 46% of the actual construction costs related to the actual road work construction cost, estimated to be $292,200 (not including $63,000 in right -of -way costs) In no event shall STATE's total obligation for construction cost under this agreement, excluding costs referred to in Section III, Article (11), exceed the amount of $321.420, provided that STATE may, at its sole discretion, in writing, authorize a greater amount 5 ISO District Agreement No. 74457 (5) STATE's share of the expense of preliminary engineering shall be an amount equal to 46%6 of CITY's actual costs for prelimman engineering for the enure project (6) STATE's share of the expense of con5mictton engineering shall be an amount equal to 46% of CITY's actual costs for construction engineering for the entire project (7) To pay CITY upon completion of all work and within thirty-five (35) days of receipt of a detailed statement made upon final accounting of costs therefor, any amount over and above the aforesaid advance deposit required to complete STATE's financial obligation pursuant to this agreement SECTION III IT IS MUTUALLY AGREED (1) All obligations of STATE under the terms of this Agreement are subject to the appropriation of resources by the Legislature and the allocation of resources by the California Transportation Commission. (2) Construction by CITY of improvements referred to herein which he within STATE highway rights of way or affect STATE facilities, shall not be commenced until CITY's original contract plans involving such work and plan for utility relocations have been reviewed and accepted by signature of STATE's District Director of Transportation, or the District Director's delegated agent, and until an encroachment permit to CITY authorizing such work has been issued by STATE 6 181 District Agreement 47 -4457 () CITY shall obtain aforesaid encroachment permit through the office of State District Permit Engmeer and CITY's application shall be accompanied by five (5) sets of reduced construction olans of aforesaid STATE approved contract plans Receipt b. CITY of the approved encroachment permit shall constitute CITY's authorization from STATE to proceed with work to be performed by CITY or CITY's representatives within proposed STATE rights of way or which affects STATE facilities, pursuant to work covered b. this Agreement CITY authorization to proceed with said work shall be contingent upon CITY's compliance with all provisions set forth in this Agreement and said encroachment permit (4) CITY's construction contractor shall also be required to obtain an encroachment permit from STATE prior to commencing any work within STATE rights of way or which affects STATE facilities The application by CITY's contractor for said encroachment permit shall be made through the office of State District Permit Engineer and shall include proof said contractor has payment and performance surety bonds covering construction of PROJECT (5) CITY shall not award a contract to construct PROJECT until after receipt of STATE's deposit required in Section II, Article (1) of this Agreement. (6) Should any portion of PROJECT be financed with Federal funds or State gas tax funds, all applicable laws, regulations and policies relating to the use of such funds shall apply, notwithstanding other provisions of this Agreement. (7) After opening of bids for construction of PROJECT, the estimated of STATE's cost will be revised based on actual bid prices. STATE's required deposit under Section II, Article (1) will be increased or decreased to match said revised estimate If deposit increase or decrease is less than $1,000 no refund or demand for additional deposit will be made until final accounting Right of way will automatically be vested in STATE, and materials, equipment 7 1 rub District Agreement No. 7-4457 and appurtenances installed outside of STATE's right of way will automatically be vested in CITY No further agreement will be necessary to transfer ownership as herein above stated (8) If upon opening of bids, it is found that a cost overrun exceeding l0% of the estimate will occur, STATE and CITY shall endeavor to agree upon an alternative course of action If after twenty -five (35) days. an alternative course of action is not agreed upon this Agreement shall be deemed to be terminated by mutual consent pursuant to Article (10) of thus Section III (9) Prior to award of the construction contract for PROJECT, STATE may terminate this Agreement by written notice, provided STATE pays CITY for all PROJECT related costs incurred by CITY prior to termination, such costs are not to exceed expenditures of $19385 (10) If termination of this Agreement is by mutual consent, STATE will bear 46% and CITY will bear 54% of all road work costs within STATE's right of way incurred by CITY prior to termination, except that any utility relocation costs shall be prorated in accordance with STATE's /CITY's responsibility for utility relocation costs (11) If existing public and/or private utility facilities outside of the STATE right -of -way conflict with PROJECT constriction or violate STATE's encroachment policy, CITY shall make all necessary arrangements with the owners of such facilities for their protection, relocation or removal CITY shall inspect the protection, relocation or removal If there are costs of such protection, relocation or removal which STATE and CITY must legally pay, STATE and CITY shall share in the cost of said protection, relocation or removal, plus cost of engineering overhead and inspection, in the amount of 46% STATE and 54% CITY If any protection, relocation, or removal of utilities is required, such work shall be performed in accordance with STATE's policy and procedure and those facilities located within the limits 8 183 14 District Agreement 47 -4457 of work providing for Improvement to the State highway, and in accordance with CITY's policy for those facilities outside of the limits of work providing for the improvement to the State highway CITY shall pay all of the costs involved of said protection, relocation or removal. plus the cost of engineering overhead and inspection for those facilities outside of the limits of work providing for the improvement to the State highwa} (12) CITY will accept control and maintain, at its own cost and expense. the portions of PROJECT lying outside of the STATE's right of way Also, CITY will maintain, at CITY expense, local roads within STATE's right of way delegated to CITY for maintenance (13) Nothing in the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not parties to this Agreement or affect the legal liability of either pain to the Agreement by Imposing any standard of care with respect to the maintenance of State highways c.= ferent from the standard of care imposed by law (1 4) Neither STATE nor any officer or employee thereof is responsible for any damage or liabilm occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement It is understood and agreed that, pursuant to Government Code Section 895.4, CITY shall fully defend indemnify and save harmless the State of California. all officers and employees from all claims, suits or actions of every name, kind and description brought for or on account of injury (as defined in Government Code Section 810.8) occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or Jurisdiction delegated to CITY under this Agreement. 9 184 District Agreement No. 7-4457 (:5) Neither CITY nor any officer or employee thereof is responsible for any damage or liabihn occurring by reason of anything done or omitted to be done by STATE under or in connection with any work, authority or Jurisdiction delegated to STATE under this Agreement It is understood and agreed that, pursuant to Government Code Section 895 -t STATE shall fully defend, indemnify and save harmless CITY, all officers and employees from all claims, suits or actions of every name, kind and description brought for or on account of injury (as defined in Government Code Section 810 8) occurring b. reason of anything done or omitted to be done by STATE under this Agreement (16) In the construction of said work, CITY will furnish a representative to perform the functions of a Resident Engineer, and STATE may, at no cost farmsh a representative, if it so desire, to ensure conformance of work to STATE's standards. Said representative's of CITY and STATE will cooperate and consult with each other but all work within STATE's right of waN shall be accomplished to the satisfaction of STATE's representative (17) Those portions of this Agreement pertauung to the construction of PROJECT shall terminate upon completion and acceptance of the construction contract for PROJECT by CITY with concurrence of STATE, or on, July 1, 2002, whichever is earlier in time, however, the ownership, operation, maintenance, liability and claims clauses shall remain in effect until terminated or modified in writing by mutual agreement Should any construction related claim arising out of PROJECT be awarded against CITY, STATE agrees to extend the termination date of this agreement and provide additional funding as required to cover CITY's proportion share of project costs or execute a subsequent Agreement to cover those eventualities 10 185 STATE OF CALIFORNIA Department of Transportation JEFF MORALES Director of Transportation m ROBERT It' SASSAMAN District Director Approved as to Form and Procedure- Attorney Department of Transportation Certified as to Funds District Budget Manager Certified as to Procedure. Accounting Adirunist ator 11 District Agreement ##7 -4457 CITY OF EL SEGUNDO Mayor Appro to Form. _1 City Attorney By- ]BI; n DESCRIPTION 1) Construction Costs: Electrical Work Signal Modification Contingencies (15 %) Sub -Total (1) Share Road Work Signs Traffic Control System Delineation Modifications Const WCR's, SW, and Median Utility Relocation Roadway Sub -Total Contingencies (15 %) Sub -Total (2) Share Sub -Total (1 +2) CALL Share District Agreement No. 74457 EXHIBIT "A" Estimated Cost State Cm Total Share Share EsTimate $ 82,800 $ 97,200 $180,000 $ 12,420 $ 14,580 $ 27,000 S95,220 $111,780 $207,000 46% 54% $ 2.300 S 2,700 $ 5.000 S 18.400 S 21,600 S 40,000 $ 14,800 $ 15,200 $ 30,000 $ 12,880 $ 15,120 $ 28,000 $ 27,600 $ 32,400 S 60,000 $ 95,325 $111,905 $207,230 $171,305 $198,925 $370,230 $ 25,696 $ 29,839 $ 55,535 $197,001 $228,764 $425,765 46% 54% $292,221 $ 340,544 $632,765 $292,200 $ 340,600 $632,800 46% 54% 12 187 DESCRIPTION 2) Engineering Costs: Prelinunary Eneineenne Non -Labor (100 %)* Labor (3 90 %)* Overhead (170%)* Sub -Total Share Construction Engineering Non -Labor (170 %)* Labor (3 77 %)* Overhead (170 %)* Sub -Total Share Engineering Sub -Total (Preliminary & Construction) Share 3) Right -of -Way Cost: Right of Way Acquisition Share TOTAL PROJECT COSTS CALL *Percentage of Total Construction Costs Filename COOPERATIVE AGREEMENT 4457 District Agreement #74457 State Cm Total Share Share Estimate $ 2,922 $ 3.406 $ 6.328 $ 11,396 $ 13283 $ 24.679 $ 4,967 $ 5,790 $ 10.757 $ 19,285 $ 22,479 $ 41,764 46% 54% $ 4,967 $ 5,790 $ 10,757 $ 11,016 $ 12,841 $ 23,857 $ 4,967 $ 5,790 $ 10.757 $ 20.950 $ 24,421 $ 45,371 46% 54% $ 40,235 $ 46,900 $ 87,135 46% 54% $ 63,000 100% 5395,435 5387,500 5782,935 $395,500 $387,500 5783,000 13 EL SEGUNDO CITY COUNCIL MEETING DATE: September 19, 2000 AGENDA ITEM STATEMENT AGENDA HEADING. Consent Agenda AGENDA DESCRIPTION: Relocation of the City Golf Course fence in conjunction with the Sepulveda Boulevard Widening project (Estimated cost $15,170.00) RECOMMENDED COUNCIL ACTION Authorize staff to issue a purchase order to Alcorn Fence Company in the amount of $15,170.00 for relocation of the Golf Course fence BACKGROUND AND DISCUSSION. Construction along the east side of Sepulveda Boulevard abutting the City Golf Course requires removal of approximately 800 feet of the existing chain link fence, which cannot be reused because of its condition, to facilitate construction of the Sepulveda Boulevard widening project, and to replace it with a new fence along the future right -of -way line According to the City - Caltrans cooperative agreement, this work falls under the City's obligation to provide right -of -way clearance Staff contacted three fence contractors as indicated on the attachment Staff recommends retaining Alcorn Fence which has pnor experience on working on State Highways and is familiar with the Sepulveda Boulevard widening project. ATTACHED SUPPORTING DOCUMENTS: Bid Summary FISCAL IMPACT: Capital Improvement Program: Amount Requested: $15,170.00 Account Number: 119 -400- 8203 -8422 Project Phase: Under Construction Appropriation Required: No ORIGINATED BY: awr Date: - SEP 12 2000 REVIEWED BY Date. 9/ Mary Strenn_ Crtv Man nar 21 U PW- SEPTEMBER19 02 (Monday 9/11/00 3 00 P M ) IP`, ATTACHMENT BID SUMMARY 1 Alcom Fence $15,170.00 2 Green Giant Landscape $15,51250 3 Baker Fence Company Did not satisfy insurance requirements 150 i` EL SEGUNDO CITY COUNCIL MEETING DATE: September 19, 2000 AGENDA REM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION. Acceptance of the construction of the Public Safety Communications Center (final contract amount = $1,914,866) RECOMMENDED COUNCIL ACTION* 1 Accept the work as complete 2 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 September 21, 1999, awarded a contract to Hazama Corporation, for the construction of the Public Safety Communications Center. The work has now been satisfactorily completed. The final contract amount is $1,914,866 The Certificate of Occupancy was issued on August 22, 2000 ATTACHED SUPPORTING DOCUMENTS. 1 Notice of Completion. 2 Letter from WMM Associates FISCAL IMPACT- Capital Improvement Program: Amount Requested: $1,914,866 Account Number: 109 - 400 - 3105 -8378 Project Phase: Accept the work as complete Appropriation Required: No ORIGINATED BY: Date: Andres Santamana. Director of Public Works SEP 12 2000 REVIEWED BY: Date: 22 Mary Strenn. CI v Ma aaer PWSEPTEMBER15 04 (Mmday 911100 3 00 P M) 191 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 Public Safety Communications Center Project No PW 99 -1 Notice Is hereby given pursuant to State of California Civil Code Section 3093 at 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 Facility 5 A work of improvement on the property hereinafter described was field reviewed by the project architect, W MM Associates, on August 22, 2000 The work done was New Public Safety Communications Center 6 On September 19, 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 Hazama Corporation 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* 348 Main Street, El Segundo, CA Dated Bellur K. Devaraj City Engineer VERIFICATION I, the undersigned, say I am the City Engineer of the City El Segundo, the declarant 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. Devaraj City Engineer N \N0TICE'&PW99.1 NOC (9!7100) 19 t� 09/07/00 11:41 FAX 212 382 2247 WXK ASSOCIATES WMM ASSOCIATES 7��1/ T Architects and Planners August 28, 2000 Lt. Brian Evanski El Segundo Police Department 348 Main Street El Segundo, CA 90245 Re: Completion of Construction City of El Segundo Public Safety Communications Center Dear LL Evanski 111002 RECEIVED SEP ' 2000 PUBLIC V✓ORK:, ENGINEERING Hazama Corporation completed the construction of the El Segundo Public Communications Center, as per the construction drawings the specifications and change orders Prepared by WMM Associates and the consulting engineers WMM Associates prepared a punch list of items to be corrected pnor to completion of construction; Hazama Corporation has corrected the punch list items WMM Associates completed the construction administration phase of the project WMM Associates is in the process of reviewing the ' As- Built' construction documents prepared by Hazama Corporation's sub - contractors. As mentioned above the EI Segundo Public Safety Communication Center was completed in compliance with the construction documents prepared by WMM Associates. If WMM Associates can provide additional assistance, please do not hesitate to call us. Sincerely, WMM Associates Frank Mendoza Jr. Principal SE "O- -20cc 3E 213 382 3247 97' c m to" EL SEGUNDO CITY COUNCIL MEETING DATE: September 19, 2000 AGENDA ITEM STATEMENT AGENDA HEADING- Consent Agenda AGENDA DESCRIPTION' Termination of agreement with Arter & Hadden for legislative advocacy services related to AB 2065 (Nakano) RECOMMENDED COUNCIL ACTION: Authorize staff to Inform Arter & Hadden in writing of the City's Intent to terminate Its agreement for specific legislative advocacy services in Sacramento BACKGROUND & DISCUSSION. (Please see attached page marked "Discussion and Action ") ATTACHED SUPPORTING DOCUMENTS: 1) Memo from Mr. Ron Stone re Resignation from Arter & Hadden 2 ) Final Memo from Ron Stone re. Status of AB 2065 (Nakano) FISCAL IMPACT: NIA Operating Budget: Amount Requested: Account Number- Project Phase: Appropriation Required: No Assistant Cit DATE: September 12, E: 23 104 Discussion and Action: In February 2000, the City entered into an agreement with the firm of Arter & Hadden specifying that Mr Ron Stone would provide legislative advocacy services related to the passage of AB 2065 (Nakano) The work performed toward that end was completed exclusively by Mr Ron Stone, an employee of the firm Mr Stone's work included representing the City in Sacramento, drafting legislation, meeting with Legislators and /or their staff as needed and providing timely updates to the City with respect to the progress of the legislation Mr Stone did an outstanding fob representing the City in this endeavor, as is apparent in the work product he produced and his interactions with City staff However, the Legislature adjourned on August 31, 2000 without taking action on airport noise tax credit legislation Additionally, Mr Stone informed the City recently that he was leaving Arter & Hadden, effective September 1, 2000, to pursue another career opportunity with Netgov com The City's agreement with Arter & Hadden specifies the following "Section 6 The City may terminate its agreement at any time for any reason by providing 30 -days written notice " Because the Legislature has adjourned for the year and because Mr Stone is no longer an employee of Arter & Hadden, staff is seeking authorization to inform the firm of the City's intention to terminate the agreement in accordance with Section 6 SQ5 OWIZ /zist717 1b' 31 319282869585 Memo � � ... . = 0. g = . 11** Oslo Sapvanber 12, 2DOD taw Art r a Haddon Departure PAGE 82 As you brow. Riday, Septsnber 1 ws my led day in"Las Argaias dace d Amer &I Added, UP I was O% and have acoepled a poullion o s Netgov.com's Vba Presidia far Wsd Coast COWWOM Wide eflab to artd %golow prMOV tax credMa to raYder+ls bump near sirporia was a fudw ably uns,wevMA this Veer, I believe that the CNy of El Segundo amomplsted a great deal during Cos k gmk*m session In partkaxer • By working ckwly with Aorn George Nakano (D- Tonanoe) and No Half, I bolwe Vid the CMy has subolanUaly Wa gtherrsd Ito islaimehip with Na a" Awont* rran As you know, Asm NWQ= and No doff gisally valued our aRoris in drdling, ed"and lol ng on WW Of hill UK coca legtsleb0n • Thragh our lobbying affarta the CNy hs developed dN)q er oaxacliorwt tD other lW oloded dliaais in SacamentD — pansy Awn Carcie Mgden (D-San F. ardaeo) and SPaabr Robert * 12twog (aVen Nuys) Thaw nrietioratsps Will prom Invakeblm in the months and yaera tD cone when EI Sopxxlo loo to SaorarwtoforNrrrcvei end etheraselMawe In cwc usion, N has bean an honrrfor me %D,presort ttre Cky d E) SsguroD in SaoanantD over tte peat several . w O I look fmord to etrft in dos toudr with you, the Cwid, and dtere In the CNy, and to working together on s vanety d iswrse in the weeks and ,, Kx i fr tD cane. 196 Ronald M. Stone As you brow. Riday, Septsnber 1 ws my led day in"Las Argaias dace d Amer &I Added, UP I was O% and have acoepled a poullion o s Netgov.com's Vba Presidia far Wsd Coast COWWOM Wide eflab to artd %golow prMOV tax credMa to raYder+ls bump near sirporia was a fudw ably uns,wevMA this Veer, I believe that the CNy of El Segundo amomplsted a great deal during Cos k gmk*m session In partkaxer • By working ckwly with Aorn George Nakano (D- Tonanoe) and No Half, I bolwe Vid the CMy has subolanUaly Wa gtherrsd Ito islaimehip with Na a" Awont* rran As you know, Asm NWQ= and No doff gisally valued our aRoris in drdling, ed"and lol ng on WW Of hill UK coca legtsleb0n • Thragh our lobbying affarta the CNy hs developed dN)q er oaxacliorwt tD other lW oloded dliaais in SacamentD — pansy Awn Carcie Mgden (D-San F. ardaeo) and SPaabr Robert * 12twog (aVen Nuys) Thaw nrietioratsps Will prom Invakeblm in the months and yaera tD cone when EI Sopxxlo loo to SaorarwtoforNrrrcvei end etheraselMawe In cwc usion, N has bean an honrrfor me %D,presort ttre Cky d E) SsguroD in SaoanantD over tte peat several . w O I look fmord to etrft in dos toudr with you, the Cwid, and dtere In the CNy, and to working together on s vanety d iswrse in the weeks and ,, Kx i fr tD cane. 196 SEP 01 2000 16:35 FR ARTER HRDDEN LLP 5 TO FROM DATE ARTER & HADDEN LLP Jeff Stewart Ronald M. Stone September 1, 2000 MEMORANDUM CLIENT NO. 73239/01269 RE Airport Noise Tax Credit update TO 5551551310322605 P.02i02 I wanted to let you and the El Segundo City Council know that I spoke to Asm George Nakano's and Asm Carole Migden's office yesterday regarding Asm Nakano's airport noise tax credit legislation. As you know, yesterday was the last day of the current legislative session. While Asm 'Nakano pushed extremely hard for his legislation to be included in a last minute tax relief package, he ultimately was not successful. (It should be noted that while a small tax relief package passed the Assembly last night, it was never even considered to the Senate ) On behalf of the City, I have repeatedly thanked Asm Nakano and his staff for their leadership on this issue. Please do not hesitate to contact me with any questions. a30U1: 3:390 :69 197 EL SEGUNDO CITY COUNCIL MEETING DATE: September 19, 2000 AGENDA ITEM STATEMENT AGENDA HEADING: Consent AGENDA DESCRIPTION. Request for City support and approval to close certain streets during the 24th Annual Richmond Street Fair, Saturday, October 14, 2000 RECOMMENDED COUNCIL ACTION: Approve request BACKGROUND & DISCUSSION* The 24`" Annual Richmond Street Fair is scheduled for Saturday, October 14, 2000 from 10 00 a m to 5 00 p m in the 100, 200 and 300 blocks of Richmond Street and on Franklin Street between Main Street and Concord The Fair will also extend into the intersection of Richmond and Grand Avenue, from the alleys to the east and west of the intersection The El Segundo Chamber of Commerce has requested, among other things, closure of streets, the posting of "No Parking" signage, notification to MTA for rerouting buses between 6 30 a.m and 7 00 p m , waiver of permit fees, tables and chairs The cost for Street Department staff time is $270 Police services will be volunteered by R.S V.P.s. ATTACHED SUPPORTING DOCUMENTS. 1) Memorandum from Tim Grimmond, Chief of Police, dated September 8, 2000 2) Letter request from the El Segundo Chamber of Commerce, dated September 7, 2000. FISCAL IMPACT - Operating Budget Amount Requested: $270 00 Account Number. Project Phase Appropriation Required Yes! No X ORIGINATED: DATE. September 11, 2000 Marlene Baker, Executive Assistant REVIEWED BY DATE: September 12, 2000 Manager , Y/ 41, 24 I q A City of El Segundo INTER- DEPARTMENTAL CORRESPONDENCE September 8, 2000 To: Mary Strenn, City Manager From: Tim Gnmmond, Chief of Polic Subject: 2000 Richmond Street Fair On Saturday, October 14, 2000, the 24"' Annual Richmond Street Fair is scheduled to take place from 1000 to 1700 hours. This event will take place in the 100, 200 and 300 blocks of Richmond Street and on Franklin Street between Main Street and Concord The Fair will extend into the intersection of Richmond and Grand Avenue, from the alleys to the east and west of the intersection The Chamber of Commerce is requesting the streets be closed to traffic between 0630 and 1830 hours EVENT MANPOWER Police Street Department TG•MT /sn Attachment (0930 — 1730 Hours) R.S.V P.s $27000 1 n r: EL SEGUNDO CHAMBER OF COMMERCE September 7, 2000 The Honorable Mayor Mike Gordon Members of City Council 350 Main Street El Segundo, CA 90245 Re: 2000 Richmond Street Fair Dear Mayor Gordon & Members of the City Council The El Segundo Chamber of Commerce respectfully requests the support of the City Council for the 24" Annual Richmond Street Fair, scheduled from 10 00 am to 5.00 pm on Saturday, October 14 The Fair will take place in the 100, 200 and 300 blocks of Richmond Street and on Franklin between Main and Concord The Fair will extend into the intersection of Richmond and Grand Avenue, from the alleys to the east and west of the intersection All businesses and residences in the affected area will be notified to minimize their inconvenience Attendance records were broken at last year's Fair The rides and attractions located at the Richmond and Grand intersections were quite popular, a "children's stage on Grand Avenue featured a magician, clown and reptile shop+, and the addition of a "battle of the bands" appealed to many middle and high school kids Community groups are encouraged to participate by signing up for a game, exhibit, or food booth The Chamber requests the following City assistance and waiver of all permit and use fees Street closure to traffic between 6 30 am and 7 00 pm "No Parking" signage posted Posting of appropriate notification signage in advance Notification to MTA of rerouting of buses from 6 30 am to 7 00 pm Electrical and amplified sound permits 10 to 12 tables (rectangular and/or round), 100 to 120 chairs Per City requirements, the Chamber supplies the City Clerk's office with copies of Certificates of Liability naming the City and Chamber as certificate holders for all Fair exhibitors We are very excited about continuing this community tradition, which showcases historic Richmond Street, and look forward to working together to produce a very successful Fair in 2000 We extend a sincere thank you to the City and the Council for their ongoing support Sincerely, Kathryn Lourtie Executive Director 427 Main Street El Segundo, CA 90245 • (310) 322 -1220 • Fax (310) 322 -6880 E -mail elsegundochamber @aol com 2 f10 EL SEGUNDO CITY COUNCIL AGENDA ITEM STATEMENT AGENDA DESCRIPTION: MEETING DATE: September 19, 2000 AGENDA HEADING: Consent A resolution of the City Council of the City of El Segundo, California, to declare it's acceptance of the requirements of sections 13510(c) and 13512 of the California Penal Code relative to the recruitment and training standards of public safety dispatchers COUNCIL ACTION. Adopt Resolution BACKGROUND & DISCUSSION. Currently, the City of El Segundo does not participate in the Commission on Peace Officer Standards and Training (POST) Reimbursable Program for it's public safety dispatchers. This resolution would constitute a formal request for acceptance into the program The present recruitment and training standards used by the Police Department in respect to public safety dispatchers meet or exceed all POST requirements as mentioned in California Penal Code sections 13510(c) and 13512 Participation in the program provides for the reimbursement of funds spent when dispatchers or dispatch supervisors attend POST certified training courses. ATTACHED SUPPORTING DOCUMENTS: Draft Resolution FISCAL IMPACT: Participation in the program would provide reimbursement of Police Department funds spent on training. ORIGINATED: DATE: Glenn Coles, Sergeant ri mond, hief o olice DATE: 9�.rt�sesr Manager O 25 9/12/00 9 28 AM 2nl RESOLUTION NO. A RESOLUTION ACCEPTING THE REQUIREMENTS OF SECTIONS 13510 (c) AND 13512 OF THE PENAL CODE RELATIVE TO THE RECREUITMENT AND TRAINING STANDARDS OF PUBLIC SAFETY DESPATCHERS. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, AS FOLLOWS SECTION 1. The City Council of the City of El Segundo declares it accepts the requirements of Section 13510 (c), Chapter 1, of Title 4, Part 4, of the California Penal Code, and will adhere to the standards for recruitment and training established by the Commission on Peace Officer Standards and Training (POST) for Public Safety Dispatchers SECTION 2. The City Council of the City of El Segundo will adhere to the requirements of Section 13512, Chapter 1, that the Commission and its representatives may make such inquiries as deemed appropriate by the Commission to ascertain that the City of El Segundo public dispatcher personnel adhere to standards for selection and training established by the Commission on-Peace Officer Standards and Training SECTION 3. The City Clerk shall certify to the passage and adoption of this resolution, shall enter the same in the book of original resolutions of said city, and shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council of said City, in the minutes of the meeting at which the same is passed and adopted PASSED, APPROVED and ADOPTED this 19th day of September 2000 Mike Gordon, Mayor ') n^ ATTEST STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO 1 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 Resolution No was duty 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 19`" day of September, 2000, and the same was so passed and adopted by the following vote AYES NOES ABSENT ABSTAIN (SEAL) Cindy Mortesen, City Clerk APPROVED AS TO FORM rk D. H sley, City A ey 0 hr ^ EL SEGUNDO CITY COUNCIL MEETING DATE: September 19, 2000 AGENDA ITEM STATEMENT AGENDA HEADING: New Business AGENDA DESCRIPTION, Consideration of options for City -owned property located at 645 California Street known as Angeles Girl Scout Camp Eucalyptus (There is no fiscal impact) RECOMMENDED COUNCIL ACTION' City Council approves the following items Notify the Angeles Girl Scout Council to submit a reconstruction /repair/ maintenance plan for the campsite property within 60 days to the City for review 2 Establish a Camp Eucalyptus Task Force to review the submitted plan and to make recommendations to the Council for further action BACKGROUND AND DISCUSSION- Camp Eucalyptus has been used as an Angeles Girl Scout Camp for over 46 years The property on which it is located, 645 California Street, is public property and has been leased to the Girl Scouts for their use as a campsite for twelve dollars ($12.00) a year No lease exists at the current time The existing facilities at the site are in need of repair and the Angeles Girl Scout Council has been requested to correct the deficiencies If this report is approved, the Angeles Girl Scout Council will be asked to submit a plan to address these deficiencies. If the plan is inadequate or the Angeles Girl Scout Council elects not to submit a plan, the Task Force formed will make recommendations for further action. ATTACHED SUPPORTING DOCUMENTS: None. FISCAL IMPACT: Operating Budget: Amount Requested: Account Number: Project Phase: Appropriation Required: No VKIlilrvAl tuesT:,� Date: i///I��_d' .,O ��„'y SEP 13 2000 Andres Santamana. Director of Public Works REVIEWED B'Y� Date: ^/ PWSEPTEMBER15 05 (Wednesday 9/13100 1100 AM) 2C4