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2001 OCT 16 CC PACKETAGENDA EL SEGUNDO CITY COUNCIL COUNCIL CHAMBERS - 350 Main Street The City Council, with certain statutory exceptions, can only take action upon properly posted and listed agenda Items The City Council, 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, 524 -2305 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, OCTOBER 16, 2001 - 5:00 P.M. Next Resolution #4228 Next Ordinance #1340 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 seq ) for the purposes of confemng with the City's Real Property Negotiator, and/or confemng with the City Attorney on potential and/or existing litigation, and/or discussing matters covered under Gov't Code §54957 (Personnel), and/or conferring with the City's Labor Negotiators as follows. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Gov't Code §54956 9(a)) 1. El Segundo v James Van Loben Sels, et al , LASC Case No. BS051651 2 El Segundo v South Bay Regional Public Communication Authonty, LASC Case No YC040688 3 Glover v City of El Segundo, LASC No YC039465 v 1) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Gov't Code §54956 9(b) -2- potential case (no further public statement is required at this time), Initiation of litigation pursuant to Gov't Code §54956 9(c). -3- matters DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957) — None CONFERENCE WITH CITY'S LABOR NEGOTIATOR - (Gov't Code §54957 6) — None CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956 8) — None OD? AGENDA EL SEGUNDO CITY COUNCIL COUNCIL CHAMBERS - 350 Main Street The City Council, wrath 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, 524 -2305 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, OCTOBER 16, 2001 - 7:00 P.M. Next Resolution #4228 Next Ordinance #1340 7.00 PM Session CALL TO ORDER INVOCATION — Pastor Dennis Estill of El Segundo Foursquare Church PLEDGE OF ALLEGIANCE — Council Member Nancy Wernick PRESENTATIONS — (a) Proclamation declaring the week of October 21" through October 27, 2001, as RED RIBBON WEEK in El Segundo (b) Proclamation proclaiming Wednesday, October 31, 2001, from 4 00 p m to 8 00 p in , as Halloween Frolic in Downtown El Segundo, on Main Street from Grand Avenue to Pine, and inviting the entire community to participate in this annual fun family event ROLL CALL PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit per person, 30 minute limit total) Individuals who have received value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalfof their employer, must so identify themselves prior to addressing the City Council Failure to do so shall he a no3 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 (c) Presentation by West Basin Municipal Water District Director Ed Little, and staff, of large "carved" pumpkin to the City Council and inviting the community to the Water Harvest 2001 to be held at the West Basin Water Recycling Facility, on Saturday, October 27, 2001, from 1000 am to200pm (d) Request of Knssy McKenney, et al, to ban/limit the practice of tethering in El Segundo 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 - NONE C. UNFINISHED BUSINESS Introduction of an Ordinance of the City Council amending Title 6 of the El Segundo Municipal Code in its entirety regarding Animal Control regulations Recommendation — Introduce the Ordinance and waive first reading. Second reading and adoption would occur on November 7, 2001. Introduction of an Ordinance of the City Council amending Chapter 9 to Title 1 of the El Segundo Municipal Code regarding Campaign Contributions and Disclosures for local elections Recommendation - Introduce the Ordinance and waive first reading. Second reading and adoption would occur on November 7, 2001. Report from Circulation Element Task Force (Environmental Assessment No 454) Recommendation — Discontinue processing of Circulation Element update. D. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS - NONE E. CONSENT AGENDA All items listed are to be adopted by one motion without discussion and passed unanimously If a call for discussion of an item is made, the item(s) will be considered individually under the next heading of business 4 Warrant Numbers 2520400 on Register No 2520728 in total amount of $629,023 59, and Wire Transfers from 9/22/01 through 10105101 in the amount of $319,832 20 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. City Council meeting minutes of October 2, 2001 Recommendation - Approval. Authorization to issue a purchase order to Progressive Solutions for FY 2001 -2002 for business license software support Recommendation — Authorize issuance of purchase order to Progressive Solutions for FY 2001 -2002. o Request to purchase M26 Advanced Tasers from Taser International to replace the current ineffective and outdated Taser equipment for an amount not to exceed $14,000 as budgeted in the Equipment Replacement Fund Recommendation — Approve purchase of Advanced Tasers, related equipment and training. Adoption of specifications for the purchase of two (2) portable industrial generators to be installed on trailers (estimated cost = $68,000) Recommendation — Adopt specifications and authorize staff to advertise the project for receipt of equipment bids. Change Order No 1 to Belaire -West Landscape, hie , for Washington Park Improvements — Approved Capital Improvement Project — Public Works Protect No PW 01 -02 (change order Recommendation — Authorize staff to issue Change Order No. 1. 10 Agreement with Advanced Applied Engineering (AAE) to provide public works engineering consultant services on an as needed basis at the rate of $90 00 per hour (budgeted amount Recommendation — Approve agreement and authorize the City Manager to execute the Standard Professional Services Agreement with Advanced Applied Engineering. 11 Consideration of a Second California Defense Retention Grant Program Application to the State of California — Technology, Trade and Commerce Agency Recommendation — Approve filing of grant application and adopt resolution. 12 Request For Proposal for preparation of a Specific Plan and Environmental Impact Report for the Los Angeles Air Force Base (LAAFB). Recommendation — Authorize staff to solicit proposals from qualified consultants to prepare a Specific Plan and Environmental Impact Report for the Los Angeles Air Force Base. 13 Award of contract to Martin & Chapman Co for Election Services for the General Municipal Election, April 9, 2001 (Contract amount not to exceed $30,000) Recommendation — Approve Contract and authorize the City Manager to execute and approve the standard Professional Services Agreement. 14 Examination plans for the Personnel Merit System job classifications of Utilities Manager, Pool Manager, Water Supervisor, Program Coordinator and Equipment Mechanic 1 Recommendation — Approve the Examination Plans. 15 Second Reading and adoption of an Ordinance of the City Council adding Chapter 6A to Title 5 of the El Segundo Municipal Code to regulate tobacco product sales within the City of El Recommendation — Adopt Ordinance. CALL ITEMS FROM CONSENT AGENDA 001 F. NEW BUSINESS — 16 Approval of Sixty (60) Day Interim Agreements with Cassidy Associates, The MMW Group and Urban Dimensions for work related to the City's efforts regarding the Los Angeles International Airport (LAX) Master Plan Recommendation — Authorize the Mayor to execute the sixty-day consultant agreements with Cassidy & Associates, The MMW Group and Urban Dimensions effective October 1, 2001. G. REPORTS - CITY MANAGER -NONE H. REPORTS — CITY ATTORNEY — NONE L REPORTS - CITY CLERK — 17 Announcement reminding Council and the public that due to the Statewide election being held on Tuesday, November 6, 2001, the next regular meeting of the City Council will be held on Wednesday, November 7, 2001. J. REPORTS - CITY TREASURER - NONE K. REPORTS - CITY COUNCIL MEMBERS Council Member McDowell - NONE Council Member Gaines — 18 Resolution to withdraw from the Southern Califorma Cities Consortium ( "SCCC ") Joint Powers Agency (SCCC ") and Resolution to join the newly established South Bay Cities Standme Committee on Enerev ( "SBCSCE ") Recommendation — (a) Adopt Resolution withdrawing from the SCCC; (b) Adopt Resolution approving City's participation in the SBCSCE; and (c) Appoint to the SBCSCE, Council Member John G. Gaines as delegate and Mayor Mike Gordon as alternate. Council Member Wernick - NONE Mayor Pro Tern Jacobs - NONE Mayor Gordon — NONE PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit) Individuals who have received value of $50 or more to communicate to the City Council on behalfofanother, and employees speaking on beha[fof their employer, must so identify themselves prior to addressing the City Council Failure to do so shall be a misdemeanor andpunishable 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 — Adjournment in memory of Laurie Neira, a victim of Flight 11 out of Boston, September 11, 2001 CLOSED SESSION 006 The City Council may move into a closed session pursuant to applicable law, including the Brown Act (Government Code Sec 54960, et seg ) 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, October 16, 2001 under "Closed Session" (if needed) REPORT OF ACTION TAKEN IN CLOSED SESSION (if required) ADJOURNMENT POSTED DATE "IlIZ0 d/ TIME --4L& c m NAME [,Z* A J.. Co. 1 \101601 A,.n 7 007 wpter J-�Vnest 2001 On Saturday, October 27, 2001, 10a m to 2 p m West Basin Municipal Water District will be hosting Water Harvest 2001 at the West Basin Water Recycling Facility, located at 1935 Hughes Way in the City o( El Sequndo, )oin the West Basin, elementary and high school students and teachers, and their Families as they get "soaked" in water knowledge+ The Water Harvest is a FREE family - oriented event open to the entire community and will feature food, games, contests, giveaways, and giant pumpkins grown on site Elected officials, environmental groups, Public Information COmmlttee members and community organizations are encouraged to participate by hosting a booth All booths are provided FREE ofcharge by West Basin and Central Basin. The RSVP deadline for booths is Friday. October 12, 2001 West Basn encourages all friends ofthe District to invite their residents and customer; to attend by advertising the Water Harvest 2001 in newsletters, bill- stuffers, and other publications A sample newsletter article and camera -ready artwork are available upon request For more information or to sign up for a booth, Please call Sandi Linares at (310) 660 -6211 Hope to sce you there, Sula Lowcnthal Covernment Affairs nng October 4th, 2001 Mary Strenn City Manager 350 Main Street El Segundo, CA 90245 Dear Ms. Strenn: I would like to place an item on the Agenda for October 16th. Per our brief conversation at Council Chambers last Tuesday, October 2nd, Animal Control issues will be discussed on the 16th. The item I would like to place on the Agenda involves Banning /Limiting the Practice of Tethering in El Segundo. To the best of my ability, I will educate the Council and the citizens on what tethering actually is. I wNl briefly touch on the severe case of 24 hour tethering that I am witnessing in El Segundo, and urge the Mayor and Council to ban/limit the practice of tethering. This will take 5 minutes. Then, Danielle Walkey, 530'/2 Penn Street, will go into detail of the severe tethering case, as she is a witness as well. Her speech will last 1 -2 minutes. I have asked a Dr. of Veterinary Medicine, Dr. Jennifer Lynn to address the council. Dr. Lynn worked at the EI Segundo Animal Hospital for several years and now works for the sister hospital in Manhattan Beach. She will be attending along with a Dr. from the El Segundo Animal Hospital. I believe Tony Gambucci from Gambucci Chiropractic would also like to address the council, although I cannot confirm this at the present time. And a Dr. Anita Sant Angelo would also like to address the council on tethering, but this is unconfirmed as well. Should you need any further information, please feel free to contact me at the following numbers below, Krissy Vero McKenney 1212 E. Imperial Avenue El Segundo, CA 90245 310- 640 -2700 (x 212) 310 - 345 -3305 (cell) cc: City Clerk N 0 October 4th, 2001 Mary Strenn City Manager 350 Main Street El Segundo, CA 90245 Dear Ms. Strenn: I would like to place an item on the Agenda for October 16th. conversation at Council Chambers last Tuesday, October 2nd, will be discussed on the 16th. Per our brief Animal Control issues The item I would like to place on the Agenda involves Banning /Limiting the Practice of Tethering in El Segundo. To the best of my ability, I will educate the Council and the citizens on what tethering actually is. I will briefly touch on the severe case of 24 hour tethering that I am witnessing in El Segundo, and urge the Mayor and Council to ban /limit the practice of tethering. This will take 5 minutes. Then, Danielle Walkey, 530 % Penn Street, will go Into detail of the severe tethering case, as she is a witness as well. Her speech will last 1 -2 minutes. I hove asked a Dr, of Veterinary Medicine, Dr. Jennifer Lynn to address the council. Dr. Lynn worked at the El Segundo Animal Hospital for several years and now works for the sister hospital in Manhattan Beach. She will be attending along with a Dr. from the El Segundo Animal Hospital. I believe Tony Gambucci from Gambucci Chiropractic would also like to address the council, although I cannot confirm this at the present time. And a Dr. Anita Sant Angelo would also like to address the council on tethering, but this is unconfirmed as well. Should you need any further information, please feel free to contact me at the following numbers below, Krissy Vera McKenney 1212 E. Imperial Avenue El Segundo, CA 90245 310- 640 -2700 (x 212) 310 -345 -3305 (cell) cc: City Clerk M 0 EL SEGUNDO CITY COUNCIL MEETING DATE: October 16, 2001 AGENDA ITEM STATEMENT AGENDA HEADING: Unfinished Business AGENDA DESCRIPTION: Introduction of an Ordinance of the City Council amending Title 6 of the El Segundo Municipal Code in Its entirety regarding Animal Control regulations. RECOMMENDED COUNCIL ACTION: Introduce the Ordinance and waive first reading Second reading and adoption would occur on November 7, 2001. BACKGROUND & DISCUSSION. Earlier this year, the City Council requested the City Attorney and the El Segundo Police Department to revise Title 6 of the El Segundo Municipal Code regarding Animal Control The City Attorney's office has completed revising Title 6 and, among other things, incorporated specific provisions at the request of the Police Department relating to micro- chipping dangerous dogs and requiring animal breeders to obtain licenses. ATTACHED SUPPORTING DOCUMENTS. Redlined version of draft ordinance. FISCAL IMPACT- N/A Operating Budget: Amount Requested: Account Number: Project Phase. Appropriation required: Berger, As ant City Attorney Mary Sti:erin, City Manager DA E: DATE: /0/Dl% 1 Oil BACKGROUND & DISCUSSION (CONTINUED): The proposed ordinance revises Title 6 of the El Segundo Municipal Code ( "ESMC") in a number of ways In addition to "housekeeping" matters such as incorporating provisions of the Los Angeles County Code, reformatting the chapters contained within Title 6, identifying the persons responsible for administering the code, and reconciling Title 6 with other provisions of the ESMC, the proposed ordinance adds two new provisions. • A new licensing requirement for animal breeders (Chapter 3A in the proposed Ordinance), and • Adds a requirement that dogs deemed found potentially dangerous be micro - chipped at the owner's cost before being released from impoundment (ESMC § 6-4-6(D)) This office believes that the proposed changes to the ESMC reflects the City's current practices and applicable law Please note that the proposed ordinance does not address a recent matter that received public attention the ordinance does not prohibit or regulate dog tethering. The apparent objection to this practice is that tethering may endanger the health of an animal because, depending on the length of a tether, the animal may be unable to find water, food, or shelter Pursuant to Penal Code § 597, a person who deprives animals of "necessary sustenance, drink, or shelter" or "fails to provide [an) animal with proper food, drink, or shelter or protection from the weather° may be prosecuted either for a misdemeanor or felony The only incident investigated by the Police Department where a dog was tethered resulted in a dog owner being prosecuted under Penal Code § 597. This office does not believe that the City is able to regulate activity that is already addressed by the Penal Codp and, accordingly, has not amended the ESMC 012 ORDINANCE NO. _ AN ORDINANCE AMENDING TITLE 6 OF THE EL SEGUNDO MUNICIPAL CODE IN ITS ENTIRETY REGARDING THE REGULATION OF ANIMALS WITHIN THE CITY'S JURISDICTION. The Council of the City of El Segundo does ordain as follows. SECTION I Chapter 1 in Title 6 of the El Segundo Municipal Code ( "ESMC "), entitled County Regulations, is amended in its entirety to read as follows- "Chapter 1 INCORPORATION OF LOS ANGELES COUNTY ANIMAL REGULATIONS 6- 3- 4-6 -1 -1 INCORPORATION OF TITLE 10, LOS ANGELES COUNTY CODE: Pursuant to Government Code ,9 50022 9, the City Council incorporates Title 10 of the Los Angeles County eCode entitled Animals, subiect to the amendments, additions and deletions set forth below, into this Code , with the eNeeptien ef title 10, seefteft The provisions of this Code will take precedence over anv conflicting provisions in Title 10 of the Los Angeles County Code will -be eant,�g 6 -1 -2 DELETIONS FROM LOS ANGELES COUNTY CODE. The following provisions of Title 10 of the Los Angeles County Code are deleted• A Chapter 10 04 entitled General Provisions; B Sections 10.08 210 and 10 08.220 in Chapter 10 08 entitled De niuions, C Sections 10 20 011, 10.20.212, 10.20.213, 10.20 214. 10.20 215, and 10.20 262 in Chapter 10 20 entitled Dog and Cats, 6 -1 -; AMENDMENTS TO LOS ANGELES COUNTY CODE The following provisions of Title 10 of the Los Angeles County Code are amended to read as follows A Section 10 08 100 "Department" means the E1 Segundo Police Department B Section 10 08 110 "Director' means the police chief, or designee 6 -1 -4 ADDITIONS TO LOS ANGELES COUNTY CODE The following sections are added to Title 10 of the Los Angeles County Code: A Section 10 08 260 "Director of health services" means the police chief or 013 designee C. Section 10 08.270 ,Shcnff," "sheriff deputy." and *'sherifl'officer" means police officer D Section 10 08 280 "Tax collector" means the finance director, or designee 44- 6 -1 -5 GENERAL PENALTY. Any person violating any e€4he-provisions, of this title is guilty of a misdemeanor unless another enalty-ts otherwise provided €er-m this title SECTION 2 Chapter 2 in Title 6 of the ESMC, entitled Animals, is amended in its entirety to read as follows "Chapter 2 ANIMALS CONTROL Erg- 6 °6 -2 -1 PURPOSE This Title 6 of the El Seatmdo Municipal Code is adouted pursuant to the City's police powers, and applicable provisions the California Code, for the purpose of protecting public health and safety, the health and safety of animals kept within the City's jurisdiction, and ensuring that the requirements of this Title 6 are enforced 6- ?- 6 -6 -2 -2 DEFINITIONS Unless the contrary is stated or clearly appears from the context, the following definitions, in addition to those set forth in chapter 1 of this title. goi ern the construction of the words and phrases used in this title* A `At large" means whenever a doo is elsewhere than on the premises of the owner or other person ha-ving the custody or control of such dog and is not restrained by a leash less than ten (10') feet in length, under the control of a person capable of controlling such dog_ B "Dog" means both male and female does C "Kennel" means a place where four (4) or more adult does or cats or an combination thereof, are kept, whether by owners of the does and cats or by persons providing activities and care, whether or not for compensation An adult dog or cat is one of either sex, altered or unaltered, that has reached the age of four (4) months D "Own" includes the terms keep, maintain, control, harbor, or possess. E "Owner' means any natural or artificial person who owns an animal for more than fifteen (15) days F "Potentially Dangerous Dog" means any of the following 014 Anv doe which. when unprovoked, on two (2) separate occasions w ithm the prior thirty six (36) month period, engages in any behavior that requires a defensive action by any person to prevent bodily injury when the person and the do; are off the property of the owner or keeper of the doe 2 Any doe which. when unprovoked. bites a person causing a less severe imury than as defined in Food and Agricultural Code & 31604 3 Anv doe which, when unprovoked, on two (2) separate occasions_ within the prior thirty six (36) month veriod, has killed, senously bitten, inflicted m1urv, or otherwise caused mtury attacking a domestic animal off the property of the owner or keeper of the dog G "Vicious Dog" means anv of the following 1 Anv dog seized under Penal Code § 599aa and upon the sustaining of a conviction of the owner or keeper under Penal Code & 597.5(a). 2 Any dog which, when unprovoked, in an aggressive manner, inflicts severe imury on or kills a human being. 3 Anv dog meviously determined to be and currently listed as a notentialy dangerous dog which, after its owner or keeper has been notified of this determination, continues the behavior described in the definition of "potentiallv dangerous dog" in this section, or is maintained in violation of Food and Agricultural Code U 31641, 31642, or 31643 6- 2- 6 -6 -2 -3 ANIMALS PERMITTED: Generally It shall bets lawful for an), penen to person to own to the eity- the the following animals within the city 4-A Canaries, pigeons, doves or birds of the psittacme family kept as household pets or as a hobby only, not exceeding ten (10) in number, when kept in facilities that are humane and adequate as to noise, sanitation and security; 2-B Fish and turtles kept as household pets or as a hobby only; -3 C Hamsters, white rats or guinea pigs as household pets or as a hobby only, not exceeding ten (10) in the aggregate and the young thereof not exceeding three (3) months in age, 4-D Hen chickens, kept as household pets or as a hobby, not to exceed five (5) in number when kept in facilities that are humane and adequate as to noise, sanitation and security, 015 �E Rabbits as household pets or as a hobby only, not exceeding four (4) in number and the young thereof not exceeding four (4) months in age, 6-F In any residential dwelling, dogs and cats not to exceed three (3) for each residential living unit in any combination thereof and the young thereof not exceeding four (4) months in age; :�-G Except in residential districts, dogs used for guard or sentry purposes 6- 3- 4 -6 -2 -4 CIRCUS_.- The animals allowed to be owned in this chapter All ammals e"merated in may be used in eerfteet-ten association with any circus, carnival, or-wild west show, or parade for which a permit has been issued, A Unless othenwise provided by a permit issued pursuant to this code, animals used in conjunction with the type of event listed herein may not be used for such an event more than twenty four (24) hours before the first performance of the event nor may such animals remain within the city more than twenty four (24) hours after the conclusion of the last performance of an event. 6r22- 4 -6 -2 -5 LABORATORY: All animals enumerated in this chapter maybe kept within the city in connection with a laboratory that holds a valid clinical laboratory permit issued by the state department of health. 6 -2 -6 SCHOOL All animals enumerated in this chapter may be kept within the city in a public or private school licensed by the state. 6- ?- 4 -6 -2 -7 ANIMALS PROHIBITED: Unless otherwise provided in this chapter, it is unlawful for any person to . ehapter, tie keep, of-maintain, of have tft his possess, or tinder -firs control any poisonous or venomous snake or any wild, caimvorous animal 6 -2 -8 ANIMALS AT LARGE._It is unlawful for any persait evmjttg or heyffkg r_fnse� . - .. seetieft shall not apply ift the ease ofammals lawftilly tipen the ptiblie htghway, street, fetid, rea"'ay, in efitte, wey, lane, alley, pofic, square, stdewalk or other pubfie plikee fod the lit-ghway, fead, readway, stfeet, hme, park, square, sidewalk, way, aventte. alley e 64-E 6 -2 -9 ANIMAL CARE: . Every person, within the city, who owns any anunal or who owns, conducts, manages or operates any kennel or animal breeding operation for which a permit is required by this title, shallwill comply with each of the following conditions: 016 A Housing facilities for animals shsllwill be structurally sound and shallwill be maintained in good repair, to protect the animals from injury, to contain the animals, and to restrict the entrance of other animals B All animals shal}will be supplied with sufficient good and wholesome food and water as often as the feeding habits of the respective animals require. C All animals and all ammal buildings or enclosures shallwill be maintained in a clean and sanitary condition D All animals shallwill be so maintained as to eliminate excessive and mghttime noise. E No animals shellwiil be without attention more than twelve (12) consecutive hours Whenever an ammal is left unattended at a kennel, the telephone number of the police department, or the name, address and telephone number of the responsible person, shallwill be posted in a conspicuous place at the front of the property F Every reasonable precaution slt will be used to ensure that animals are not teased, abused, mistreated, annoyed, tormented or in any manner made to suffer by any person or means. G No condition shal4will be maintained or permitted that is or could be injurious to the animals H Animal buildings and enclosures shallwill be so constructed and maintained as to prevent escape of animals All reasonable precautions shallwill be taken to protect the public from the animals and the ammals from the public. Every ammal establishment sliallwill isolate sick animals sufficiently so as not to endanger the health of other ammals. Sick animals sheRwill at all times be isolated from the other animals. Every building or enclosure wherein animals are maintained shallwill be constructed of material easily cleaned and shallwill be kept in a sanitary condition. The building sha$will be properly ventilated to prevent drafts and to remove odors. Heating and cooling shallwill be provided as required, according to the physical needs of the animals, with sufficient light to allow observation of animals and sanitation K Such person sheRwill take any animal to a veterinarian for exammation or treatment, if the director finds this is necessary in order to maintain the health of the ammal and orders the owner or custodian to do so. 017 L All animal rooms, cages, kennels and runs shal4will be of sufficient size to provide adequate and proper accommodations for the animals kept therein. M Every violation of an applicable regulation shagwill be corrected within a reasonable time to be specified by the chief of police N Such person shaNwill provide proper shelter and protection from the weather at all times O. Such person shallwill not give an animal any alcoholic beverage, unless prescribed by a veterinarian P Such person shallwill not allow animals that are natural enemies, temperamentally unsuited, or otherwise mcompatible, to be quartered together, or so near each other as to cause injury, fear or torment. If two (2) or more animals are so trained that they can be placed together and do not attack each other or perform or attempt any hostile act to the others, such animals shat}will be deemed not to be natural enemmes. Q Such person shallwill not allow the use of any tack, equipment, device, substance or material that is, or could be, injurious or cause unnecessary cruelty to any animal. R Such person shallwill not allow any animal to cause a hazard, or be a menace to the health, peace or safety of the community. 6-3-F 6 -2 -10 PUBLIC NUISANCE -_t>— Any animal (or animals) which molests passersby or passing vehicles, attacks other animals, trespasses on school grounds, is repeatedly at large, damages and -or trespasses on private or public property, barks, whines or howls in an excessive, continuous or untimely fasluon, shall he °-- stderea is a public nuisance 6-- a4,6 -2 -11 PERMITS REQUIRED: A Compliance; Permit: It shall be is unlawful for any person to keep or maintain, or have in possession or under control in the city; any animal kingdom ekeept human betngs, except as permitted by this chapter-m4-mtthent . Mf o B Permit For Keeping Animals= The director may issue a permit to arsons wishing to keen tunes of animals not identified in this chapter or a greater number of animals than allowed by this chapter,_ 6- 44t -6 -2 -12 APPLICATION FOR PERART._An application for a permit skallwill be initiated by filing a verified application on a form furnished by the director At a M1111MU n eeoftefnie and deN elopment serfteery-the application will include A The applicant's name, address, and telephone number; B The number and kind of animals for which a permit is requested; C The number and kind of other animals kept on the premises; D The type and location of caging, if applicable; and E Other information reasonably required by the and irector upeft reeetpt of the appiteaften–The d reefer a director will make or cause to be made such investigation as he-deer —m" be appropriate. 4- _a4r6 -2 -13 CRITERIA FOR APPROVAL: The flit _r_.,_-_-.._.... ___ _ and irector will shrill issue or renew the permit if-he€tnds A That the twit ._ __ ef-s Issuing a permit will not adversely affect the public peace, health or safety, B ,h�Keepmg of the srielrammal will not violate any pmvisietief-apphcable laws, and C That the facilities for keeping such animals are humane and adequate under the circumstances as to noise, security and sanitation. 4r2- Er6-2 -14 EXPIRATION OF PERMITS- All permits issued on or before October 31 of any year shftHwill expire on December 31 of that year. Any permit issued on or after November 1 of any year sksllwill expire on December 31 of the next succeeding year 64- 6 -2 -15 APPEAL DECISION OF DIRECTOR; FEE- Any person dissatisfied with the decision of the irector may file an appeal of such decision with the planning commission by filing a wntten notice of nto appeal in letter form accompamed by a filing fee in an amount set by resolution of the city council, said fee to cover the cost of posting, postage, advertising and other costs incident to the proceedings. Said notice of appeal iitay -must be filed within ten (10) days at any time after the deet;;en-&rthe se; tees director, renders a decision - has been made, 19mvtded, h&h,ever, that an appeal may nat be filed an the grantitng of-stteh pemitt aRer ten (10) days have e*tptired &am the itenmt Failure to anneal a decision within this time period will waive an applicant's a0eal n,hts 6- ?- 6-6 -2 -16 PLANNING COMMISSION HEARING; NOTICE; DECISION: A Hearing Notice- When an appeal is filed, the and developmefif sefN tees director hallwill give notice of a public hearing by mailing a letter notice, first -class mail with postage prepaid, to the applicant and to the owners of property abutting the boundary of the property that is the subject of the application for an ammal permit, using for this purpose the last known name and address of such owners as shown upon the last equalized assessment roll of Los Angeles County Such notice shel}will contain the address, a general explanation of the matter to be considered, and the time and place at which the public hearing on the matter will be held. B Decision By Resolution: The planning commission sheAwill announce its decision by resolution. C Decision Final Any action by the planning commission on such matters sheRwill be a final decision There is no nmht for city council appeal D Notice Of Decision Not later than fifteen (15) days following the adoption of a resolution ordering that an appeal be granted or demed, a copy of the resolution shalFwul] be mailed to the applicant and to any other person requesting notice of the action 6-21 E 6 -2 -17. GROUNDS FOR REVOCATION: Any aexnat- permit issued pursuant to the provisions of this chapter may be revoked by the piafimng eemmtss irector . ti -the eveW the ", atirtmal permit, said eemmissteft shali adopt a resolution a a its tMentiett to a an said reselatte"Alie stteh heann.- than Five (6) days piger te the heantig. At stieh a the plannjng eatntritssten shall folio....._✓ stteh >__..__g by _.._el.,..,,_ if the director finds A That the pernut, or a prior permit of which the permit is an extension was obtained by fraud; or MAn B. That the permittee hsa-violated the law in keeping such animal, or C That the animal or animals endanger the public peace, health or safety." SECTION 3 Chapter 3 m Title 6 of the ESMC, entitled Dogs, is amended in its entirety to read as follows "Chapter 3 DOGS . Rns - Y (121 Y (121 f+-1—?- 6 -3A -1 LICENSING REQUIREMENTS A License Required, Exceptions. Except as provided in this chapter, it is unlawful for any person to have; win many dog without first btamm¢ an annual city license sere de epen the 2 It shall is not, he ve% er, be necessary to purchase a license or to pay a license fee for any dog under the age of four (4) months whether the same is male or fiefnffie. The license fee shallwill not apply to any dogs kept or maintained exclusively in any dog kennel in the city. B Annual License Fees: The annual license fee for keeping and maintaining an unaltered dog in the city shal}will be set from time to time by city council resolution of the etty eeerierl The annual license fee for a spayed or neutered dog shitHwill be set at an amount that is one -half (1/2) of the annual license fee for an unaltered dog; if a certificate is presented from a licensed veterinarian verifying that the dog has been spayed or neutered C Discount For Senior Citizens. A fifty percent (50 %) discount on the dog license fee shallwill be made available to any resident sixty two (62) years of age or older who makes application for the discount, D Seeing Eye Or Guide Dogs: Seeing eye or guide dogs are those dogs that have been especially trained to lead and aid the blind or deaf. Any blind or deaf person having custody of such a dog may keep and harbor the dog within the city by obtaining a license to keep a dog as provided herein, and may lawfully take the dog into any food establishment within the city. There will be no fee charged for such dogs upon proof of antirabies vaccination. E Date Payable; Proration; Penalty Any license fee required to be paid by this chapter shallwill be payable annually in advance on March 1 of each year, and the license shallwill expire at twelve o'clock (12:00) midnight on the last day of February of 0 ?2 the following year. The full amount of the license fee shallwill be payable for any license falling due during the period from January 1 of the year to June 30 of the year Fifty percent (50 %) of the amount of the license fee shallwill be payable for any license falling due subsequent to September 30 of the year for the remaining fraction of the year. Any license fee payable under the provisions of this chapter remaining unpaid for a period of thirty (30) days after the same shaliwill become payable hereunder, shallwill be subject to a penalty of fifty percent (50 %) of the fee due, which penalty shagwill be collected by the license collector at the time of the collection of the license fee, and shaNwill be in addition to the principal sum thereof. In determining whether or not a penalty has accrued under the provisions of this chapter, the license collector may require an affidavit from any person claiming exemption from the payment of any penalty hereunder, which affidavit shallwill set forth the facts upon which the claim for the exemption is based. F Failure To Pay License Fee. Whenever any person owning, harboring or having the care or custody of any dog fails to pay the license fee provided and specified in this chapter for the dog, the petmdfn tstedirector may cause the dog to be seized and kept in the public pound for the period and in the manner and upon the terms, conditions and requirements as specified in this chapter. G Exception. Animals, other than dogs, are not required to be licensed pursuant to this chapter 6- 1- 3- 6 -;A -2 LICENSE TAGS: A Contents- Each vear Tthe city shallwill eaeh -feae- procure a sufficient number of suitable metallic license tags to meet the requirements of this chapter, numbered from one upward consecutively, on which tags shallwill be stamped the date of their expiration and the license number, and shal}will issue the same to the penitdxasteFdirector in consecutive order as may be required, keeping an aeeatint theme B Duplicate. The city council shallwill by resolution establish a fee for the iss"nee el' issuing a license and metallic tag to replace a lost license or tag C Affixing To Dog Collar. The owner of any dog upon winch the license fee has been paid shaRwill securely fasten the metallic license tag upon a suitable collar and securely fasten the collar with the tag attached thereto upon the dog. A dog harness or other device may be substituted in lieu of the collar, if so desired. n0a 6 -3A -3 RECEIPT BLANKS: The city shaliwill eause ie be printed-pnnt a sufficient number of receipt blanks to meet the requirements of this chapter. The receipt blanks slta will provide for the description of the dog for which the license fee is paid, the number of the metallic license tag which has been issued for the dog and also the name and address of the owner of the dog. The receipts shallwill also designate the rabies vaccination date and tag number and the sex of the dog for which the license fee has been paid € - 3— !,-6 -3A -4 SUSPENSION OR REVOCATION OF DOG LICENSE. The director ehie€ 024 designee, right and pawef. b any other preytstert, term 0 eanditieft in 6"s ehapter eantatned to the eon may suspend and else to or revoke any dog license issued under the provisions of this chapter, if at any tune it appears to the elitef4peltee, or his of her designee, or the eittefef peliee, or his or hef desigitee the director finds that any dog described or referred to in any dog license, or for which any dog license has or may be issued under this chapter is vicious, dangerous or apt to bite or inure any person 6= -76 -3A -5 RUNNING AT LARGE PROHIBITED -. A It is unlawful for any Ne,- person owning or having charge, custody, possession or control of any dog to cause, permit or allow the dog same ta be, of to run at large in or upon any highway, street, lane, alley, court or other public place, or in or upon any private property or premises, other than those of the person owning or having charge, custody, possession or control of the dog within the city, unless the dog is restrained by a substantial leash not to exceed six feet (6) in length and is in charge, custody, possession or control of a competent person B This provision shallwill not apply to public areas of the city officially designated as a "dog park" or to police service dogs while such dogs are under the control of a peace officer. n7s 64-3 6-"A-6 RABIES CONTROL: 4-A Vaccination Required; Exception: Every persen keepm.g. harbentig of having -a dog in the city ver the age the afefesatd preytsteft shall nat apply so as to reqtttre the Yaeei"atten of any dog the state or of an) ather state or ftatiffit to praeftee eampleted :s pnef fe the date the dog was kept, harbored e have been eanipleted wtfhin one year prior to the dRte the ivrg wass k­_fl--h—_r'T A-B Revaccination Every person keeping, harboring or having a dog in the city that has been vaccinated with chick embryo vaccine shellwill cause the dog to be revaccmated within a period of not more than two (2) years after the prior vaccination . Every person keeping, harboring or having a dog in the city which has been vaccinated with tissue phenolized vaccine shellwill cause the dog to be revaccmated with rabies vaccine withm a period of not more than one year after the prior vaccination. n-D Vaccination Certificate Issuance. Every person pracricmg veterinary medicine in the city who vaccinates a dog with rabies vaccine sheHwil 1 issue to the person n 99 M-1 ; 64-3 6-"A-6 RABIES CONTROL: 4-A Vaccination Required; Exception: Every persen keepm.g. harbentig of having -a dog in the city ver the age the afefesatd preytsteft shall nat apply so as to reqtttre the Yaeei"atten of any dog the state or of an) ather state or ftatiffit to praeftee eampleted :s pnef fe the date the dog was kept, harbored e have been eanipleted wtfhin one year prior to the dRte the ivrg wass k­_fl--h—_r'T A-B Revaccination Every person keeping, harboring or having a dog in the city that has been vaccinated with chick embryo vaccine shellwill cause the dog to be revaccmated within a period of not more than two (2) years after the prior vaccination . Every person keeping, harboring or having a dog in the city which has been vaccinated with tissue phenolized vaccine shellwill cause the dog to be revaccmated with rabies vaccine withm a period of not more than one year after the prior vaccination. n-D Vaccination Certificate Issuance. Every person pracricmg veterinary medicine in the city who vaccinates a dog with rabies vaccine sheHwil 1 issue to the person n 99 keeping, harboring or having the dog a certificate, which is signed by the veterinarian and which states thereon the name and description of the dog, the date of the vaccination and the type of vaccine used. 1}E Certificate And Tag, Exhibition Every person applying for a dog license. Hill exhibit a certificate and rabies vaccination tag issued by a person licensed by the state or any other state or nation to practice veterinary medicine, which certificate s644will show that the dog for which the license shie# will be issued either- Has L_.,_ TWas vaccinated in accordance with the pmvtstatts of sebseettett , _f.L._ ___..__this chapter; or 2 Should not be vaccinated with rabies vaccine by reason of age, infirmity or other disability, which disability is shown on the face of the certificate and to the satisfaction of the person issuing the license to be in effect at the tune. t MOM 6444-6-3A-7 DOG PARK RULES:. The city council may. by resolution, designate particular parks within the city as dog narks. Persons having custody of dogs at doe parks w ill comely with the following• A Dogs will not be present at a dog nark without an owner or custodian. A-B rise of the degjmk-•The dog park shallwill be open from dawn to dusk, seven (7) days a week. The f_„_._ :_J rule_ -M,,,, 4-C Aggressive dogs are not allowed in the park; ?D No food in the park/don't feed dogs in the park; ±E Owners must supervise and clean up after dogs; OEM yyy�Y�Iy��NyI�M W 6444-6-3A-7 DOG PARK RULES:. The city council may. by resolution, designate particular parks within the city as dog narks. Persons having custody of dogs at doe parks w ill comely with the following• A Dogs will not be present at a dog nark without an owner or custodian. A-B rise of the degjmk-•The dog park shallwill be open from dawn to dusk, seven (7) days a week. The f_„_._ :_J rule_ -M,,,, 4-C Aggressive dogs are not allowed in the park; ?D No food in the park/don't feed dogs in the park; ±E Owners must supervise and clean up after dogs; yyy�Y�Iy��NyI�M W Yy�YY{y�IYGyI�p�I�YlY�pyyll" . YYYIII�Y�YYYl1Y���i 1111 it I II��F1�lY JI1Y111YYiYlYfW1M �1 6444-6-3A-7 DOG PARK RULES:. The city council may. by resolution, designate particular parks within the city as dog narks. Persons having custody of dogs at doe parks w ill comely with the following• A Dogs will not be present at a dog nark without an owner or custodian. A-B rise of the degjmk-•The dog park shallwill be open from dawn to dusk, seven (7) days a week. The f_„_._ :_J rule_ -M,,,, 4-C Aggressive dogs are not allowed in the park; ?D No food in the park/don't feed dogs in the park; ±E Owners must supervise and clean up after dogs; 4-F Children under twelve (12) years of age must be supervised by an adult; §-G Dogs must be at least four (4) months old and vaccinated, F H Dogs in heat are not permitted, _74 No spiked collars; 8 J No bikes, rollerblades, roller skates, strollers or similar items allowed in the park; 9-K Owners must have a leash available at all tunes; 4-4-L Parking regulations must be obeyed, k--M Dog owners are liable for any injuries or damage caused by their dog(s), 4-'-'-N All dogs must be currently licensed, 40 Professional dog trainers are not allowed to conduct training on -site; 44-P No person may bring more than three (3) dogs to the park at one time 4-4-0 Prohibited Behavior- The following behaviors must be stopped immediately. Prolonged growlmg; 2 Mounting or pinning of other dogs. 6- 3- H-•6 -3A -8 INTERFERING WITH ANIMAL CONTROL OFFICERS PROHIBITED: -_A person shagwill not interfere with, oppose or resist the undmasterdirector or any employee of the pixy, while such person is engaged in the performance of any act authorized by this title. 64- h6 -3A -9 INTERFERENCE WITH POLICE DOGS-. It is unlawful for any person to wtW64ywillfully tease, torment, agitate, provoke, beat, kick, strike, injure, maim, disable, kill, or m any way interfere with any dog being used in a police function by law enforcement officers. SECTION A new Chapter 3A is added to Title 6 of the ESMC to read as follows: "Chapter 3A LICENSES non 6 -3A -1 LICENSE REQUIRED It is unlawful to operate or maintain a kennel or animal breeding business in the city without a N alid kennel or breeders license issued pursuant to this title 6 -3A -2 APPLICATIONS — ALL LICENSES. Persons wishing to obtain either a kennel or a breeders license must file an appitcation as follows• A License applications will be filed by a natural person B License applications will be in a form prescribed by the director and wall, at a minimum, contain all of the following mformanon 1 Whether the applicant is seeking a kennel or breeders license, The name, mailing address, and daytime and evening telephone numbers of the person filing the golicanon, I If filing on behalf of a business, the name, mailing address, and daytime telephone number of the organization: and if requested by the director, written documentation of the authority under which the applicant is appI32ng for the permit on behalf of the organization, 4 For a kennel license, the proposed location of the kennel, 6 -3A -3 SUPPLEMENTAL INFORMATION In addition to the information required this chapter, applications for all licenses will include such supplemental information which the director may find reasonably necessary in order to determme whether to approve or dew. a license under this chapter o -3 k -4 LICENSE ISSUANCE. The director will issue a kennel or breeders license if A The application was complete in accordance with this chapter B There are no grounds for denying a license, C For a kennel license, operating the proposed kennel will not violate anv state or local regulation: D Operating the proposed breeding business will not endanger the health peace or safetv of the community, E The proposed site for the proposed breeding business is clean and sanitary, and F The applicant has not had a similar license revoked within one year before the application. G Applicant accepts the permit approval or conditional approval in writing 6-3A-5 LICENSE DENIAL A permit may be dented for the following reasons: A The application is incomplete, B The applicant failed to provide reasonable supplemental application information reouested by the director, C Infonmanon submitted by the applicant is matenally false, D The pronosed location for a kennel does not confomi with the zonme regulations of this code, 6 -3A -6 KENNEL LICENSES — GENERAL REQUIREMENTS. A Am person conducting, managing or matntammg a kennel will pay the city an amival fee for the pnvilege of conducting or mamtaimng the doe kennel as set by resolution of the city council for the kennel which will entitle the kennel operator to maintain ten (101 or fewer dogs B Every person ow,nmg or operatmg_any kennel will keep all ammals therein under proper confinement on the premises and will not cause, permit or allow such animals to be or to nn at large C The holder of a kennel license will keep available for inspection, on the premises, a record that will show. The name, current address and telephone number of the owner of each animal kept at the kennel: 2 The date such animal entered the kennel The reason for such animal beine at the kennel such as for boarding sale breeding or grooming, 4. The descnptton of the animal, including its age, breed, sex and color, That there exists a currem valid rabies certificate for every doe over four (4) months of age so lone as such doe is kept at the kennel D. The provisions of this section do not apply to breeders licenses .. pat 6 -3A -7 DURATION OF LICENSE OR PERMIT. Licenses issued pursuant to this chanter will expire one year from the date of issuance. The license may be revoked or suspended for cause in accordance with this chanter before the expiration date. The license is void if the licensee changes the location of the breeding business or sells, assigns, transfers or others ise disposes of such business or his or her interest therein for a period of 30 days or moi e 6 -3A -8 RENEWAL. Each license or permit issued under this chapter will be renewed within 30 days after the expiration thereof 6 -3A -9 REVOCATION OR SUSPENSION OF LICENSE OR PERMIT. A-D Anv license or permit issued under the provisions of this chanter may be revoked or suspended if the director finds- That the licensee, his or her agent or employee. has been convicted of any offense involving the violation of Penal Code H 596, 596.6.597, 597 1, 597.5. 598 and 599, or of anY provision of this chapter, That the licensee his or her agent or employee has at the place for which the license was issued, failed to provide any animal in his or her possession care or control with proper and sufficient food drink_ shelter or protection, or subjected any such animal to suffering, cruelty or abuse; nwn 3. That the licensee, lus or her agent or emplovee, failed to maintain the premises in a clean and sanitary condition, 4. That the licensee, his or her agent or emplovee, has violated any rule or regulation made Qursuant to the provisions of this title: 5. That the licensee has falsified facts on the license application B-E If a license is denied or revoked for cause the director will not acct a ne,,N application by the same person for a breeding license less than six months after such denial or revocation, unless the applicant affirmatively shows and the officer finds, by inspection or investigation. that the ;rounds upon which the first application was denied or the license was revoked no longer existed. t=F On revocation of a license, no part of the fee is refundable 6-3A-10 DISPLAY OF LICENSE OR PERNIIT. Licenses issued pursuant to tins chapter will be displayed in a conspicuous place on the hcensed premises. 6 -3A -11 BREEDERS LICENSE — REQUIREMENTS. E The director may issue a breeders license in the same manner as kennel licenses Persons who possess a valid kennel license issued pursuant to this title need not obtain a breeders license G In addition to every other applicable requirement of this title, every licensee will comply with each of the following conditions Every puppy or kitten offered for sale must be examined by a veterinarian and be certified free of congenital defects, distemper, worsts, skin disease, skin and ear antes. and other diseases or conditions which would be iniunous to the animal or a potential owner 2 Every puppy or kitten offered for sale will have been vaccinated against distemper by a veterinarian. A certificate providing the name of the veterinarian and the date and treatment must be provided to the purchaser at the time of sale No animal will be transported by a licensee unless housed in a container designed for that purpose including provisions for adequate ventilation and food and water. No licensee will allow the whelping of more than one utter per female dog or cat during the license temp " neo SECTION Chapter 4 to Title 6 of the ESMC is amended to its entirety to read as follows "Chapter 4 IMPOUNDING ANIMALS 6 -4 -1 IRECTOR; DUTIES; IMPOUNDMENT FEES 4-A In addition to any other duties under this code, the director is responsible for all duties relating to operation of an animal pound mcludma. without limitation, capturing holding and releasing Q4A few4-violating any =vision of this code fetmd runrAng at large upon any ptiblit �-B ° eord " rid "Nate The potiridrn esterdirector skeRwill keep a full, true and correct record of all animals and e , ree impounded, the date of the mipeentlmD tmnoundment and the date Hof thetrrelease, discharge or disposal. This documentation will be available for public inspection. -e td the pottrid. a !is! of all ftrimials and few! therein earitatried, togehher with a brie all -The director may promul ag to anpropnate regulations for public viewing impounded animals P.M. 4-C Care Of Animals And Fowl: The peartdmesterdirector shellwill provide the necessary subsistence and sim4will properly care for all impounded ammals end few! while in 1"s ettstody }D Animal Or Few! Ptsposal irt addiften te any ether dtities imposed uperi tit - The petwArriesterdLrector will to remove and dispose of any- and -all dead animals er€�found in or upon any of the public highways, streets, avenues, ways, lanes, alleys, parks, squares, sidewalks or other public places within the city. E The potindm werdirector skaHwill remove and dispose of any abandoned dead animal or Few! found or being - upon - aityyon vate prooertv 4735 JVWP �-B ° eord " rid "Nate The potiridrn esterdirector skeRwill keep a full, true and correct record of all animals and e , ree impounded, the date of the mipeentlmD tmnoundment and the date Hof thetrrelease, discharge or disposal. This documentation will be available for public inspection. -e td the pottrid. a !is! of all ftrimials and few! therein earitatried, togehher with a brie all -The director may promul ag to anpropnate regulations for public viewing impounded animals P.M. 4-C Care Of Animals And Fowl: The peartdmesterdirector shellwill provide the necessary subsistence and sim4will properly care for all impounded ammals end few! while in 1"s ettstody }D Animal Or Few! Ptsposal irt addiften te any ether dtities imposed uperi tit - The petwArriesterdLrector will to remove and dispose of any- and -all dead animals er€�found in or upon any of the public highways, streets, avenues, ways, lanes, alleys, parks, squares, sidewalks or other public places within the city. E The potindm werdirector skaHwill remove and dispose of any abandoned dead animal or Few! found or being - upon - aityyon vate prooertv 4735 .. 1`6- 3A- 1QXEES FOR IMPOUNDING AND KEEPING ANIMALS_t-The patindmaswdirector shallwill collect a fee set by city council resolution-from the ewner arawnersefall ,wners of impounded animals and few! tmpeutided; eNeept dogs. fees fe titipetindmg and keeping the same! G-6 -3A -11 VACCINATION FEE; REDEMPTION OF STRAY DOGS AND CATS_ The director shallwill collect a fee from persons redeeming impounded dogs and cats for administering distemper vaccinations to shay dogs and for vaccinating stray cats for felme diseases. This vaccination fee shallwill be set by city council resolution-e€ H-- 4- ?- 6 -3A -1 Z IMPOUNDING 244ND KEEPING DOGS, g any deg a €ettr (2 0 iee .At any time within five (5) days from the date of impoundment. . the owner or persons entitled to the possession pf the dog may reclaim the dog upon payment to the peamdmastexiirector of the impounding fee; ?-A For the second impoundment of a dog, owned by the same person, the pound fee shi4lwill be an amount that is double the standard impoundment fee; �B For the third impoundment of a dog, owned by the same person, the pound fee shallwi II be an amount triple the standard impoundment fee; 4-C In addition to the foregoing impounding fee, the daily maintenance fee shellwill be paid for each day or portion thereof for which the dog lies -beee -was impounded w w 4-A The director will capture and impound any doe found within the city limits that is not wearing a valid license tae and rabies tag conforming to the provisions of this chapter ?-B The director may enter private property in accordance with applicable law to euamtne or capture any dog suspected of being in violation of the provisions of this code or is suspected of being rabid or infected with rabies. 6--;A---L-6-')A- 12: DANGEROUS DOGS: IMPOUNDMENT: HEARING: A Filing Of Opinion: Impoundment Whenever any dog is, in the written opinion of the director vicious, dangerous, potentially dangerous or apt to bite or inure any person, and is kept in such manner as to constitute an apparent menace to anV person, the dog may immediately impounded by the director. B Notice Of impoundment Opinion Heanng_ As soon as reasonably possible after the _dog is impounded, the owner of the dog, or the person harboring the dog, or the person to whom the license for the dog was issued or any person whose name appears therein, will be notified, either personally or by mail addressed to the person, at the address shown in the license, of the fact of the impounding and that the verson or any person interested may appear at a heanng before the director, the notice of heanng to be served at least forty eight (48) hours before the time of the heanng, and show cause if the person can, why the dog should not be destroved The notification will also contain or have attached thereto a copy of the director's written opinion, if anv C Heanng• Decision At the heanng, the director will hear all persons who appear and desire to be heard, and will thereupon decide whether the dog will be released, destroved or otherwise disposed of The director's decision is final There is no night to city council appeal 037 Pill AN 4-A The director will capture and impound any doe found within the city limits that is not wearing a valid license tae and rabies tag conforming to the provisions of this chapter ?-B The director may enter private property in accordance with applicable law to euamtne or capture any dog suspected of being in violation of the provisions of this code or is suspected of being rabid or infected with rabies. 6--;A---L-6-')A- 12: DANGEROUS DOGS: IMPOUNDMENT: HEARING: A Filing Of Opinion: Impoundment Whenever any dog is, in the written opinion of the director vicious, dangerous, potentially dangerous or apt to bite or inure any person, and is kept in such manner as to constitute an apparent menace to anV person, the dog may immediately impounded by the director. B Notice Of impoundment Opinion Heanng_ As soon as reasonably possible after the _dog is impounded, the owner of the dog, or the person harboring the dog, or the person to whom the license for the dog was issued or any person whose name appears therein, will be notified, either personally or by mail addressed to the person, at the address shown in the license, of the fact of the impounding and that the verson or any person interested may appear at a heanng before the director, the notice of heanng to be served at least forty eight (48) hours before the time of the heanng, and show cause if the person can, why the dog should not be destroved The notification will also contain or have attached thereto a copy of the director's written opinion, if anv C Heanng• Decision At the heanng, the director will hear all persons who appear and desire to be heard, and will thereupon decide whether the dog will be released, destroved or otherwise disposed of The director's decision is final There is no night to city council appeal 037 D. Micro - Chipping Before Release If at the conclusion of the hearing the director detemirnes that the dog will be released, the dog must have a micro-chip imbedded subcutaneously in accordance with industry standards before being released to the owner The micro chipping will be at the owner's expense E Surrender Of Dangerous Dog. Anv dog declared after a heanng to be dangerous, if not already impounded by the department. will be immediately surrendered to the department 6- 4- �6 -4 -2 ANIMAL IMPOUNDMENT. A Costs Of Subsistence And Care: The costs of subsistence or care for impounded animals and fowl shaRwill be a charge against and paid by the city, unless otherwise specified in any contract which may be awarded for the pound service as contemplated m stibseetten ` " ' " -��y this chapter, in which case the costs thereof shaR%ill be paid and discharged as contemplated in the contract. ?—.B—Minimum Period Of Impoundment Every animal and fowl impounded in the public pound shaffwill be kept therein for a full period of at least five (5) days, exclusive of the day of impoundment, unless sooner redeemed by the lawful owner thereof or unless in the opinion of the penndm i e* rector the physical condition of the animal or fowl is such as to justify prior disposition in order to serve humane considerations. (- -6 -4 -3 RECLAMATION OF IMPOUNDED ANIMALS. A Right To Reclaim Upon Payment Of Charges- The owner or any person entitled to the control of any animal or fowl impounded in the public pound has the right to reclaim the same at any time pier- tebefore the sale or other actual disposal thereof, upon payment to the petmdmasterdirector of the costs and charges provided for in this chapter. B-F Payment Of Fees: When any redemption is made under this chapter, in addition to paying any impounding and maintenance fee or costs incurred by reason of impounding any animal impounded under this chapter, there shftHwill also be paid the amount of any license fee which may then be due or payable on such animal under this title or any other section of this code or ordinance of the city, in case a current license for the animal is not in existence at the time. C—G Damage Payment: When any redemption is made under this chapter, in addition to paying any impounding fee or costs incurred by reason of impounding any animal or fowl, there shallwiil also be paid reasonable demands for actual damage done by any animal or fowl running at large The damages required to be paid by this subsection skallwill be paid to the person whose property was damaged. A'A R 6 -44 RELEASE FROM IMPOUNDMENT No impounded dog will be released to any person except where following occurs• A A current license and rabies tag is presented to the director for the doe. f-2-1B The director is given proof that a license fee was paid to the city pursuant to this title 04C Impound, collection, and other fees related to the impoundment reouired by this title are paid to the city f-01) The director is given proof that the doe is x accinated for rabies, if required, or a fee is paid for vaccination HIE The director determines that _the _dog does not have and is not reasonably suspected of having rabies 6 4- 4 -6 -4 -5 . RABIES SUSPECT. IMPOUNDMENT PROCEDURE. If the director suspects that an impounded dog has rabies, the dog will be inspected by a county health officer Should the dog be found to have rabies, it will be disposed of or confined for such time as the health officer directs In the event that the health officer suspects that the dog may develop rabies, it will be confined for such time as the health officer directs Whenever the health officer determines that the doe does not have rabies, it will be released to accordance with the provisions of this chapter. 6-4 -6 TRESPASSING ANIMAL OR FOWL: Any animal or. fear! found trespassing upon ana pnvate gmttftd pennrses property wAtey-may be takett tip b captured by the party owning, controlling or having possessoon of the ground or premises, or by the agent or representative of the person, and committed to the pact teidrrector to be dealt with as provided m this chapter Any person taking up the stray animal or fowl found nmmng at large or trespassing upon any property, ground or premises owned, controlled or in possession of the person shaliwill promptly notify the peaedmaswdirector of such takng ap gapture and it is unlawful for any such person to fail or refuse to surrender the animal to the director or his dtily eutheri-med representafr Ye- •upon demand." SECTION 5 If any part of this Ordinance or its application is deemed mvalid by a court of competent jurisdiction, the city council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Ordinance are severable 839 SECTION 6 The City Clerk is directed to certify the passage and adoption of tins Ordinance, cause it to be entered into the City of El Segundo's book of original ordinances; make a note of the passage and adoption in the records of tins meeting; and, within fifteen (15) days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law. SECTION 7• This Ordinance will become effective thirty (30) days following its passage and adoption PASSED AND ADOPTED this , day of 2001 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 , 2001, 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 2001, and the same was so passed and adopted by the following vote AYES NOES ABSENT- ABSTAIN Cindy Mortesen, City Clerk APPROVED AS TO FORM: Mark D. Hensley, City Attorney La Karl H. Berger Fne Assistant City Attorney EL SEGUNDO CITY COUNCIL MEETING DATE: October 16, 2001 AGENDA ITEM STATEMENT AGENDA HEADING: Unfinished Business, City Attorney AGENDA DESCRIPTION: Introduction of an Ordinance of the City Council amending Chapter 9 to Title 1 of the El Segundo Municipal Code regarding Campaign Contributions and Disclosures for local elections. RECOMMENDED COUNCIL ACTION: Introduce the Ordinance and waive first reading Second reading and ado_ ption would occur on November 7, 2001 BACKGROUND & DISCUSSION: On October 2, 2001 the City Council requested that the City Attorney's office revise a proposed ordinance affecting Chapter 9 of Title 1 to the El Segundo Municipal Code Specifically, the City Council requested that provisions be added requiring political action committees to file pre - election campaign statements, that campaign statement list certain Information regarding campaign contributors, that campaign literature Identify persons contribution twenty -five percent or more toward the costs of production; and to increase penalties for violations After reviewing the applicable law, the City Attorney's office has Incorporated those changes requested by the City Council that appear to be permissible Attached Is a draft ordinance that incorporates these changes. ATTACHED SUPPORTING DOCUMENTS: Draft Ordinance, Staff Report from October 2, 2001 City Council Meeting FISCAL IMPACT N/A Operating Budget. Amount Requested. Account Number: Project Phase BY: DA E: City Attorney DATE: 042 BACKGROUND & DISCUSSION (CONTINUED): At the City Council's direction, the City Attorney's office reviewed the applicable law regarding whether the City may adopt regulations for local elections which require (1) political action committees to file pre - election campaign statements; (2) campaign statements to list information regarding all contributors, regardless of contribution amount; (3) that campaign literature identify persons who have contributed 25% or more of the publication and distribution costs; and (4) Increase penalties for violating the campaign provisions of the El Segundo Municipal Code ( "ESMC ") As stated In the City Attorney's previous staff report regarding this subject, the courts have not examined the question of whether a local public entity may prohibit all anonymous contributions or whether local regulations can require disclosure for all mailings (not just "mass mailings")'. Nor have the courts resolved whether local public agencies may require that all campaign literature Identify persons who have paid for a significant portion of the reproduction costs2. However, the recent amendments to the Political Reform Act by Proposition 208 generally allows cities to adopt additional regulations for local elections so long as these restrictions do not Interfere with a person's ability to comply with the Political Reform Act3 Accordingly, the proposed ordinance Incorporates provisions requiring political action committees° to file campaign statements; that campaign statements Include Information regarding all contributors, Including their employers 5, and that campaign literature identify persons contributing 25% or more toward production costs6 The City may not, however, Increase penalties for violating the ESMC provisions regarding campaign regulations. The Political Reform Act Is very detailed regarding the types of civil and criminal penalties that may be Imposed on persons violating the Act'. Among other things, the Act states that it is a misdemeanor to violate any provisions; that violators may be fined the greater of $10,000 or three times the amount the ' See Gnset v. FPPC (1994) 8 Cal. 4'" 851, cert den (finding disclosure requirements in PRA for mass mailings are constitutional) 2 Compare Schuster v Municipal Court (1980) 109 Cal App 3d 887 (finding former Elections Code § 29410 could not require full disclosure on campaign circulars) with Gnset v. FPPC (1994) 8 Cal 4'" 851 (disagreeing with Schuster, but not overruling it, and finding it permissible to have full disclosure in mass mailings) 3 Government Code ( "GC ") §§ 81013 and 85703 ` GC § 82013 gives the general definition of "committees " 5 See GC § 84211 (information that must be listed includes the employer name) 6 See GC §§ 84305, 84305 5 (method of identifying persons) GC §§ 91000 -91015 e GC § 91000(2) 043 EL SEGUNDO CITY COUNCIL MEETING DATE: October 2, 2001 AGENDA ITEM STATEMENT AGENDA HEADING: Unfinished Business AGENDA DESCRIPTION: Introduction of an Ordinance of the City Council amending Chapter 9 to Title 1 of the El Segundo Municipal Code regarding Campaign Contributions and Disclosures for local elections RECOMMENDED COUNCIL ACTION: Introduce the Ordinance and waive first reading. Second reading and adoption would occur on October 16, 2001 BACKGROUND & DISCUSSION: On September 18, 2001 the City Council requested that the City Attorney's office revise Chapter 9 of Title 1 to the El Segundo Municipal Code to, among other things, prohibit anonymous contributions and require full disclosure on campaign literature Attached is a draft ordinance that incorporates these changes ATTACHED SUPPORTING DOCUMENTS. Draft Ordinance FISCAL IMPACT: NIA Operating Budget: Amount Requested: Account Number Project Phase: Appropriation required: DATE: H Berger, Assi , City Attorney f//r6/i9Sm./ Manager S1 71,1 1114% person failed to properly report in contributions, expenditures, gifts, or otherwise9; and can neither hold elected office nor act as a lobbyist for a specified length of time'O Absent speck legislation that authorizes the City to do so, it does not appear that the City may adopt stricter penalties ". Consequently, the draft ordinance, if adopted, will be enforced in accordance with the penalties established in the Political Reform Act e GC § 91000(b) 0 GC § 91002 " See Cal Const laws) art XI, § 7(city may only adopt and enforce laws not in conflict with general 044 ORDINANCE NO. AN ORDINANCE AMENDING IN ITS ENTIRETY CHAPTER 9 IN TITLE 1 OF THE EL SEGUNDO MUNICIPAL CODE ENTITLED "CAMPAIGN CONTRIBUTIONS." The city council of the city of El Segundo does ordain as follows: SECTION 1 The city council finds and declares as follows: A The ability to contribute time and money to local political campaigns is a legitimate and important means of participating in the political process B Large monetary contributions, however, may give at least the appearance that candidates for elective office may be unduly influenced through financial means C It is in the public interest that the City have a means by which all persons within the community have a fair and equitable opportunity to participate in local government whether by elected office or through other means D To assist with the goal of providing an even playing field to all candidates seeking elective office, and to engender public trust in the political process, the City Council enacted regulations for campaign contributions. Specifically, the City Council enacted Ordinance No. 1146, adopted January 16, 1990, and Ordinance No 1278, adopted October 21, 1997, which added Chapter 9 to Title 1 of the El Segundo Municipal Code ( "ESMC ") entitled Campaign Contributions and consisting of §§ 1 -9 -1 to 1 -9 -7 E In general, Chapter 9 required candidates to disclose the source of campaign contributions when the amounts of such contributions exceeded a voluntary cap. F In 1996 and 2000, the California elecloWe approved two propositions that implemented regulations for campaign contributions on a statewide basis. Proposition 208, enacted in 1996, was challenged and has been partially invalidated, Proposition 34, enacted in 2000, was designed, in part, to cure the deficiencies in Proposition 208 and became effective in January 2001. G In light of these initiatives, and in the interest of full disclosure to voters, it is in the public interest to amend the ESMC as set forth below. Page 1 of 7 [S \CTYCLRK\DOCUMENT CPY\Ords(Word files)\2001\REV campaign contnbunons doc) October 5. 2001 047 BACKGROUND & DISCUSSION (CONTINUED): As explained in the staff report for the September 18, 2001 meeting, several changes in the Political Reform Act ( "PRA ") caused various provisions of the City's Campaign Contribution regulations to become moot. Moreover, it appears that other provisions of the City's regulations may conflict with State law. Following Council direction, the proposed Ordinance was redrafted to remove these provisions from the El Segundo Municipal Code ( "ESMC ") Council also requested that the City Attorney's office determine whether the City could prohibit all anonymous contributions in local elections and require full disclosure on all election - related literature. It appears that the City probably can impose these types of regulations The PRA does prohibit candidates and committees from accepting anonymous contributions of one hundred dollars ($100) or more' and also requires that senders making mass mailings make certain disclosures on those mailingSZ. A "mass marling" is defined, in part, as being "over two hundred substantially similar pieces of mail "3 Based upon the City Council meeting of September 18"', the City Attorney's office understood that the Council wished to eliminate any anonymous contributions and to require all election- related mail to have full disclosure regarding the sender. The City Council should be aware that the courts have not examined the question of whether a local public entity may prohibit all anonymous contributions or whether local regulations can require disclosure for all mailings (not just "mass mailings ")° However, the Political Reform Act generally allows cities to adopt additional regulations for local elections so long as these restrictions do not interfere with a person's ability to comply with the Political Reform Acts Accordingly, based upon the City Council's direction, the proposed Ordinance Imposes more restrictive regulations regarding anonymous contributions and mailing requirements than established by California law. ' Government Code ( "GC ") §§ 84304 (no person may make anonymous contributions more than $100 in calendar year) and 85700 (anonymous contributions must be returned within 60 days of receipt) 2 GC §§ 84305 and 84305 5 3 GC § 82041 5 " See Grrset v FPPC (1994) 8 Cal 4i" 851, cart den (finding disclosure requirements in PRA for mass mailings are constitutional) e GC §§ 81013 and 85703 009 046 SECTION 2• Chapter 9 to Title 1 of the ESMC, entitled Campaign Contributions, consisting of §§ 1 -9 -1 to 1 -9 -7 entirely amended to read as follows: "Chapter 9 CAMPAIGN CONTRIBUTIONS AND DISCLOSURES 1 -9 -1 Purpose The California Political' Reform Act (Government Code U 81000. et sea.) inposes a number of requirements upon persons supporting or opposing candidates and ballot measures Among other things, the Political Reform Act generally restricts anonymous contributions and requires disclosure for mass mailings Under Government Code " 81013 and 85703 the City may impose more restrictive regulations for local elections Accordingly. this Chapter 9 is added to the City's Code to further the public's compelling interest for full disclosure in local elections in order to better inform the electorate and prevent political corruption. Nothing contained in this Chapter 9 is intended, nor should it be construed, to supplant the Political Reform Act's requirements, or of its regulations: this Chapter is intended only to supplement the Political Reform Act as to local elections. 4- 9- 4 -1 -9 -2 Definitions, . Except as otherwise stated below, the words and phrases used in this Chapter generally have the same meanings as in the California Election Code. the Political Reform Act, and those regulations promulgated by the Fair Political Practices Commission. In addition, unless the contrary is stated or clearly anpears from the context, the following definitions will govern the construction of the words and phrases used in this chanter: A T..G_..a..__s TT�GTI]1SC[plrS :EA f , "e "Contribution" sha -means a payment, loans and extensions of credit (other than those made by financial institutions), a payment of a loan from a financial mstttution by a third party, or an enforceable promise to make a payment, except to the extent that full and adequate consideration is received, unless it is clear from the surrounding circumstances that it is not made for political purposes. An expenditure made at •` - behe;ra candidate's, of a es ete, committee =s, or elected officer's direction is a contribution to the candidate, committee, or elected officer, unless'full and adequate consideration is received for making the expenditure. 2-1 V Contribution" shell - includes urchasm tickets for events such as dinners, luncheons, rallies, and similar fimd- Page 2 of 7 [S \CTYCLRK\DOCUMENT CPY\Ords(Word feles)0001 \REV campaign conmbutions doc] October 5, 2001 048 raising events, the-granting a discounts or rebates not extended to the public generally or tlte- granting &f-discounts or rebates by television and radio stations and newspapers not extended on an equal basis to all candidates for the same office; and heist epavin¢ compensation by any person for the personal services or expenses of any other person if such services are rendered or expenses incurred on behalf of a candidate or committee without tlte- payment of full and adequate consideration 3-2 The -term— "'Ceontribution" also includes any transfer of anything of value received by a committee from another committee. The term " oes not include amounts received puisttam to -under an enforceable promise to the extent such amounts haye bee n were previously reported as a contribution. However, these €aet that -sue h amounts will be resorted in `--•- `--- -'--" �-.-..- the appropriate campaign statement 43 " "Contribution" does not include volunteer personal services or payments made by any individual for his or her own travel expenses if such payments are made voluntarily without any understanding or agreement that they shall-will be directly or indirectly repaid to him. B " 'Person" sly means an individual, proprietorship, firm, partnership, joint venture, syndicate, business trust, company, corporation, association, or committee. B -1 -9 -3 Anonymous Contributions By- likdWiduals- Prohibited. It is unlawful for any person to make, and any candidate or committee to solicit or accept. any anonymous contribution in a local election. 1 -9 -4 Campaign Statement Information For local elections, candidates, elected officers, and committees will include the information renuired by Gcvernment Code b 84211 regarding all persons contributing to a campaign in campaign statements regardless of a person's contribution amount. Page 3 of 7 [S \CrYCLRK\DOCUMENT CPY\Ords(Word files)\200RREV campaign eontnbutions.doc] October 5, 2001 049 moil Page 3 of 7 [S \CrYCLRK\DOCUMENT CPY\Ords(Word files)\200RREV campaign eontnbutions.doc] October 5, 2001 049 1 -9 -5 Anonvmous Mailings Prohibited. A It is unlawful for any person, candidate, or committee to send any unsolicited piece of mail supporting or opposing any candidate or ballot measure in a local election that does not comply with the requirements of Government Code & 84305 or, if a slate mailer. Government Code § 84305.5 B In addition to the reguirements of Goverment Code 6 84305 or, if applicable, Govemment Code & 84305.5, campaign literature including, without limitation, mailers, will include the name of any person contributing twenty -five percent (25 %) or more of the cost for producing the campaign literature 1 The text identifying such persons will conform with the reaiiirements of Government Code & 84305 or, if applicable. Government Code & 84305.5 4- 9- ? -1 -9 -6 Liberal Interpretation. The previsions e€-tT]us Chapter shall -will be liberally Page 4 of 7 [S \CTYCLRK\DOCUMENr CPY\Ords(Word files)\2001\REV campaign contnbunons doc] October 5, 2001 osn I�M��WfYIYIA� pYWI1I111f1YN IY�I "WI KIWI 1 -9 -5 Anonvmous Mailings Prohibited. A It is unlawful for any person, candidate, or committee to send any unsolicited piece of mail supporting or opposing any candidate or ballot measure in a local election that does not comply with the requirements of Government Code & 84305 or, if a slate mailer. Government Code § 84305.5 B In addition to the reguirements of Goverment Code 6 84305 or, if applicable, Govemment Code & 84305.5, campaign literature including, without limitation, mailers, will include the name of any person contributing twenty -five percent (25 %) or more of the cost for producing the campaign literature 1 The text identifying such persons will conform with the reaiiirements of Government Code & 84305 or, if applicable. Government Code & 84305.5 4- 9- ? -1 -9 -6 Liberal Interpretation. The previsions e€-tT]us Chapter shall -will be liberally Page 4 of 7 [S \CTYCLRK\DOCUMENr CPY\Ords(Word files)\2001\REV campaign contnbunons doc] October 5, 2001 osn _ • . _ ,�Tt�if'![f!f_�lRf_f • - - - - - - _ _ . - .. - - - - • il'RI.RRS�!!!iL[.�... _ _ - - - - - _ Y_ . INS _ • . _ ,�Tt�if'![f!f_�lRf_f • - - - - - - _ _ . - .. - - - - • il'RI.RRS�!!!iL[.�... _ _ - - - - - _ Y_ . 4- 9--5-1 -9 -7 Filing Deadlines. A A final pre- election filing of updated versions of all documents required by the Political Reform Act and this Chapter s}aa4-will be filed by candidaies and committees and received by the City Clerk by twelve o'clock (12:00) noon on the final Friday before the election and shall-will reflect all actual and anticipated expenditures and contributions through the date of the election. Page 5 of 7 [S \CTYCLRK\DOCUMENT CPY\Ords(Word ftles)\2001\REV cttmpmp contnbunons.doc] October 5, 2001 J41 B A final post - election filing of all documents required by the Political Reform Act and this Chapter must be received by the City Clerk by twelve o'clock (12:00) noon on the third day after the electron which sha11 -will reflect all actual expenditures and contributions to candidates and committees through the date of the electron +- 9- 6 -1 -9 78 ^ "" 's;?Enforcement and Penalties. The means of enforcing this Chanter, and the penalties for violating it. are set forth in the Political Reform Act which will apply to this Chapter and are mandatory. In addition to any other penalty, the The court may award a prevailing party costs of litigation, including reasonable attorney fees SECTION 3 If any part of this Ordinance or its application is deemed invalid by a court of competent jurisdiction, the city council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Ordinance are severable SECTION 4 The City Clerk is directed to certify the passage and adoption of this Ordinance, cause it to be entered into the City of El Segundo's book of original ordinances, make a note of the passage and adoption in the records of this meeting, and, within fifteen (15) days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law SECTION 5 This Ordinance will become effective thirty (30) days following its passage and adoption Page 6 of 7 [S \CTYCLRK\DOCUMENT CPY\Ords(Word files)\ ORREV campaign contnbunons doe) October 2001 952 PASSED AND ADOPTED this _ day of 2001 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 ' 2001, and was duly passed and adopted by said City Council, M approved and signed by the ayor, and attested to by the City Clerk, all at a regular meeting of said Council held on the day of 2001, and the same was so passed and adopted by the following vote AYES NOES ABSENT ABSTAIN Cindy Mortesen, City Clerk APPROVED Mark D. He* By Karl H. Berger Assistant Citvi Page 7 of 7 [S \CIYCLRK\DOCUMENr CPY\Ords(Word Bles)\2001\REV campaign contnbunons doe] October 5, 2001 953 EL SEGUNDO CITY COUNCIL MEETING DATE: October 16, 2001 AGENDA ITEM STATEMENT AGENDA HEADING: Unfinished Business AGENDA DESCRIPTION: Report from Circulation Element Task Force (Environmental Assessment No 454) RECOMMENDED COUNCIL ACTION: Discontinue processing of Circulation Element update BACKGROUND & DISCUSSION- On October 4, 2001, the Circulation Element Task Force, which consists of two council members, and representatives of the resident community and business community met to discuss the status of the Circulation Element update. The consensus of the Task Force was to recommend to the City Council that all work be stopped on the current Circulation Element update project and a new process be initiated with a new consultant to revise the Circulation Element of the General Plan Subject to future direction from the City Council, staff will bring back additional information about starting a new Circulation Element amendment process. This information will include development of a Request for Proposal (RFP) to select a new traffic and environmental consultant, a budget appropriation, and development of a scope of work and assumptions for the proposed changes to the current Circulation Element ATTACHED SUPPORTING DOCUMENTS. None FISCAL IMPACT: Appropriations will be requested at a future meeting ORIGINATED: DATE: Jafnes M Hansen, Director of Community, Economic and Development Services RE-VIEWED WED BY• DATE: Mary S n, City Manager io 6 P \Planning & Budding SafetyNPROJECTSWSI- 4757"-UN0.16o7 ais.d= ^ 95t : # B k [ ) | -! {¢7| \ f ® || ! | ■ ;�|| |■ %|� | ■ :,.,, ;,., �a ■! ■E r §[ a. \ Egg! ■| ■ ;- � | & ;!| | | ■e §&B § |K | |! § | ■ §|2 2 ! „ ---------- li■■!s"!■ ■!!r! - � § % B; k■ �l ■ ■ § § § � WE 0 x . & x � )| �! | •���' . ! k § \ � ©j| \kfk��| �k§ 055 M CITY OF EL SEGUNDO PAYMENTS BY WIRE TRANSFER 9/22/2001 THROUGH 10/05/2001 Date Payee Amount Description 925101 Park Vista Senior Housing 7,445.09 Interest on Investments 97 -98 926101 Park Vista Senior Housing 34,117.13 Interest on Investments 98-01 926/01 Health Comp 2,253.30 Weekly claims 921 927/01 Employment Development 39,24818 State Taxes PR 07 927/01 IRS 190,233.70 Federal Taxes PR 07 927/01 Federal Reserve 150.00 Employee Savings Bonds EE 927/01 Federal Reserve 250.00 Employee Savings Bonds I 927101 Union Bank 40,000 00 Payroll PGC El Segundo LLC 928/01 Federal Reserve 200.00 Employee Savings Bonds EE 928/01 Federal Reserve 150.00 Employee Savings Bonds I 10/5/01 Health Comp 230.80 Weekly claims 1028 922- 10/5/01 Workers Comp Activity 5,554.00 SCRMA checks issued 31 DATE OF RATIFICATION: 10/16/01 TOTAL PAYMENTS BY WIRE: Certified as to the accuracy of the wire transfers by Deputy Trea urea Date =inance Director 10-1) Date .dy Manager �c Date 1formabon on actual expenditures is available in the City Treasurer's Office of the City of El Segundo. 319,832.20 056 REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, OCTOBER 2, 2001 - 5:00 P.M. 5:00 PM Session CALL TO ORDER - Mayor Pro Tern Jacobs at 5.00 p m. ROLL CALL Mayor Gordon Mayor ProTem Jacobs Council Member Gaines Council Member McDowell Council Member Wemick CLOSED SESSION: - Present - arrived at 5:05 p.m - Present - Present -amved at 5 05 p.m - Present - Present The City Council moved Into a closed session pursuant to applicable law, including the Brown Act (Government Code §54950, at seq.) for the purposes of conferring with the City's Real Property Negotiator; and /or conferring with the City Attorney on potential and /or existing litigation; and /or discussing matters covered under Gov't Code §54957 (Personnel); and /or conferring with the City's Labor Negotiators as follows CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Gov't Code §54956.9(a)) 1 Jeffrey Capistran v. El Segundo, LASC Case No. YC 038535. 2 El Segundo v James Van Loben Sels, et al., LASC Case No. BS051651 3 EI Segundo v South Bay Regional Public Communication Authority, LASC Case No. YC040688 4 Glover v City of El Segundo, LASC No YC039465 5 Southdown Concrete Products v City of El Segundo, et al LASC No. 1 CO2312 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Gov't Code §54956.9(b): -1- potential case (no further public statement is required at this time); Initiation of litigation pursuant to Gov't Code §54956.9(c): -5- 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 (Govt Code §54956.8) - None MINUTES OF THE REGULAR CITY COUNCIL MEETING OCTOBER 2, 2001 PAGE NO 1 r�' CV / �1 REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, OCTOBER 2, 2001 - 5:00 P.M. 5:00 PM Session CALL TO ORDER - Mayor Pro Tern Jacobs at 5:00 p.m. ROLL CALL Mayor Gordon - Present - arrived at 5:05 p.m Mayor ProTem Jacobs - Present Council Member Gaines - Present- an-ived at 5:05 p.m. Council Member McDowell - Present Council Member Wernick - Present CLOSED SESSION: The City Council moved into a closed session pursuant to applicable law, including the Brown Act (Government Code §54950, et 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 confemng with the City's Labor Negotiators as follows: CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Gov't Code §54956.9(a)) 1. Jeffrey Capistran v. El Segundo, LASC Case No. YC 038535. 2 El Segundo v. James Van Loben Sets, et al., LASC Case No. BS051651 3 El Segundo v. South Bay Regional Public Communication Authority, LASC Case No. YC040688 4 Glover v City of El Segundo, LASC No. YC039465 5 Southdown Concrete Products v. City of El Segundo, et al. LASC No. 1CO2312 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Gov't Code §54956.9(b): 4- potential case (no further public statement is required at this time); Initiation of litigation pursuant to Gov't Code §54956.9(c): -5- 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. MINUTES OF THE REGULAR CITY COUNCIL MEETING OCTOBER 2.2001 PAGE NO 1 056 REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, OCTOBER 2, 2001 - 7:00 P.M. 7:00 PM Session CALL TO ORDER - Mayor Gordon at 7:00 p.m. INVOCATION — Deputy City Clerk Cathy Domann PLEDGE OF ALLEGIANCE - Council Member John Gaines PRESENTATIONS — (a) Presentation by Julie Warner, Leadership El Segundo Class of 2000, of donation to the El Segundo Teen Center (See Consent Item #4 to receive donation) ROLL CALL Mayor Gordon - Present Mayor ProTem Jacobs - Present Council Member Gaines - Present Council Member McDowell - Present Council Member Wemick - Present PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit per person, 30 minute limit total) individuals who have received value of $50 ormore 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. Dan Pressburg, Promotions Director with the City of Long Beach, spoke regarding the Veterans' Day Parade In Long Beach on November 10, 2001. Conrad Walton, spoke regarding no parking signs on West Grand Avenue. Bob Siegel, resident, spoke regarding generator purchase and requested clarification on Consent Item 13 Geri Dahl, Community Concert Band, requested permission to participate with the El Segundo Fire and Police Departments on Saturday, October 6, to play from approximately 9:00 a.m. to 10:15 am To help raise funds for the New York City Relief fund. Requested transfer of previously approved City assistance from October 14, 2001 to October 6, 2001. Council consensus to approve transfer of City assistance to the Community Concert Band, from October 14 to October 6, 2001 MINUTES OF THE REGULAR CITY COUNCIL MEETING OCTOBER 2, 2007 PAGE NO 2 0 59 Council directed staff to work with Conrad Watton to resolve Grand Avenue no- parking issue. A. PROCEDURAL MOTIONS Consideration of a motion to read all ordinances and resolutions on this Agenda by title only MOVED by Council Member Gaines, SECONDED by Council Member McDowell, to read all ordinances and resolutions on this Agenda by title only. MOTION PASSED BY UNANIMOUS VOICE VOTE. 510. B. SPECIAL ORDERS OF BUSINESS - NONE C. UNFINISHED BUSINESS Introduction of an Ordinance of the City Council amending Chapter 9 to Title 1 of the El Segundo Municipal Code regarding Campaign Contributions and Disclosures for local elections Mayor Gordon requested the following revisions to the proposed ordinance requiring full disclosure (1) Require Political Action Committees to file pre - election campaign statements lust as required of Council filers; (2) all contributors identify employer and disclose that information on Campaign Statements; (3) Mailers and other literature identify all individuals who pay for 25% or more for the cost of the mailer, and (4) increase penalties for violations. Complete Council consensus to revise the ordinance to include 1, 3 and 4. Revised ordinance to be brought back for introduction at the next City Council Meeting on October 16, 2001. Mayor Gordon, Council Members Gaines and McDowell are in consensus to include item 2 Mayor Pro Tem Jacobs and Council Member Wemick not giving consensus for item 2 D. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS - NONE 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 2 Approved Warrant Numbers 2520138 - 2520399 on Register No.,24 in total amount of $898,424.02, and Wire Transfers in the amount of $1,206,365.35. 3 Approved City Council meeting minutes of September 18, 2001. 4 Approved Leadership El Segundo Class of 2000 donation to the El Segundo Teen Center MAYOR GORDON AND MAYOR PRO TEM JACOBS NOT PARTICIPATING DUE TO POTENTIAL CONFLICTS MINUTES OF THE REGULAR CITY COUNCIL MEETING OCTOBER 2, 2001 PAGE NO 3 ^&A 6 Approved first phase of the State of California Purchasing Card (Cal Card) program PULLED FOR DISCUSSION BY COUNCIL MEMBER WERNICK PULLED FOR DISCUSSION BY COUNCIL MEMBER WERNICK PULLED FOR DISCUSSION BY COUNCIL MEMBER WERNICK 10 Adopted plans and specifications for the installation of flashing red lights for the Main Street/Pine Avenue stop signs — Project No. PW 01 -09 — Approved Capital Improvement Project — (estimated Cost = $25,000.00) 11 Approved right -of -way acquisition services from the Los Angeles County Department of Public Works for Douglas Street Gap Closure /Railroad Grade Separation Project (estimated cost of services = $97,000.00) and authorized the City Manager to issue a service request to the County of Department of Public Works. 12. Approved Agreement No. 2932 with Noms -Repke Company to provide public works inspection services on an as needed basis at the rate of $75 00 per hour (budgeted amount $150,000.00) and authorized the City Manager to execute the Standard Professional Services Agreement with Norris -Repke Company. 13 PULLED FOR DISCUSSION AT THE REQUEST OF RESIDENT 14 Accepted of the 2000 -2001 slurry seal application at various locations as complete, Project No. PW 01 -04 (final contract amount $173,994.91); authorized an allocation of $7,671.00 from unallocated Gas Tax funds; authorized the City Clerk to file the 'City Engineers Notice of Completion in the County Recorders Office 15 Approved proposed class specifications and Resolution No 4227 establishing monthly salary ranges for the job classifications of Utilities Manager, Water Supervisor, Risk Manager /Purchasing Agent and Pool Manager and adopted Resolution No 4227 establishing the monthly salary ranges MOVED by Council Member Gaines, SECONDED by Council Member Wemick to approve consent items 2, 3, 4, 6, 10, 11, 12, 14 and 15. MOTION PASSED BY UNANIMOUS VOICE VOTE. 510. CALL ITEMS FROM CONSENT AGENDA The Downtown Specific Plan implementation committee's recommendation for annual Prop A Funding in amount of $39,350 for the Lunchtime Shuttle operations and maintenance. MOVED by Council Member Gaines, SECONDED by Council Member McDowell to approve the Downtown Speck Plan Implementation Committee's recommendation for the use of Prop A Funding in the amount of $38,350 for the Lunchtime Shuttle operations and maintenance MOTION PASSED BY UNANIMOUS VOICE VOTE. 310 MAYOR GORDON MINUTES OF THE REGULAR CITY COUNCIL MEETING OCTOBER 2, 2001 PAGE NO 4 W AND MAYOR PRO TEM JACOBS NOT PARTIPICATING DUE TO A POSSIBLE CONFLICT OF INTEREST. 7. Amendment to Memorandum of Understanding (MOU), Hyperion Landscape Agreement. MOVED by Council Member Wemick, SECONDED by Council Member McDowell to approve Amendment to Memorandum of Understanding (MOU), Hyperion Landscape Agreement No. 2369 and authorize the Mayor to execute on behalf of the City MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 8 Request for Qualifications for Management Services at the Lakes at El Segundo Golf Course MOVED by Council Member Wemick, SECONDED by Council Member McDowell to direct staff to distribute RFQ for Management Services at the Lakes at El Segundo Golf Course. PASSED BY UNANIMOUS VOICE VOTE. 5/0 9 Rejection of Request for Proposals (RFP) from qualified consultants for professional landscape services to design the improvements and upgrades of the Imperial Avenue Vista area — Approved Capital Improvement Project (estimated cost for design is $6,000.00). MOVED by Council Member Wemick, SECONDED by Council Member McDowell to reject single proposal received from Takata Assocates for professional landscape services to design the improvements and upgrades of the Imperial Avenue Vista area — Approved Capital Improvement Project (estimated cost for design is $6,000.00) and authorize staff to negotiate with qualified design firms. PASSED BY UNANIMOUS VOICE VOTE. 510 13 Request for City Council to approve the purchase of two (2) portable industrial generators installed on trailers (Fiscal impact = $67,698.72). Council consensus to investigate the purchase* reagendize for next meeting. F. NEW BUSINESS — 16 Request by the El Segundo Fire and Police Departments to close off a portion of Main Street to traffic for its New York City Relief Pancake Breakfast to be held on October 6, 2001 at 8:00 a.m. at Fire Station #1, 314 Main Street. (Fiscal Impact. none). MOVED by Council Member McDowell, SECONDED by Council Member Gaines to approve request by the El Segundo Fire and Police Departments to close off a portion of Main Street to traffic for its New York City Relief Pancake Breakfast to be held on October 6, 2001 at 8:0 a.m at Fire Station #1, 314 Main Street MOTION PASSED BY UNANIMOUS VOICE VOTE. 510. G. REPORTS - CITY MANAGER - NONE MINUTES OF THE REGULAR CITY COUNCIL MEETING OCTOBER 2.2001 PAGE NO.5 0�7 H. REPORTS — CITY ATTORNEY — 17 Introduction of an Ordinance of the City Council adding Chapter 6A to Title 5 of the El Segundo Municipal Code to regulate tobacco product sales within the City of El Segundo City Attorney Mark Hensley gave a brief report City Attorney Mark Hensley read by title only: ORDINANCE NO. 1339 AN ORDINANCE ADDING CHAPTER 6A TO TITLE 5 OF THE EL -SEGUNDO MUNICIPAL CODE TO REGULATE TOBACCO PRODUCT SALES WITHIN THE CITY OF EL SEGUNDO. Mayor Gordon introduced Ordinance No 1339. REPORTS - CITY CLERK - NONE REPORTS - CITY TREASURER - NONE K. REPORTS - CITY COUNCIL MEMBERS Council Member McDowell — Spoke on pancake breakfast at Fire Station #1 this Saturday, October 6, 2001. Council Member Gaines — Reported on South Bay Cities Standing Committee on Energy Meeting last evening. Requested Council consider adopting a resolution joining other Southern California cities in forming the South Bay Cities Standing Committee on Energy (SBCSCE) and to agendize for next meeting. Reported on upcoming 2001/2002 Noise Symposium. 18 Discussion on establishing a Council subcommittee to evaluate City's risks in dealing with terrorism and make recommendations for any needed policy actions or resource allocations. MOVED by Council Member Wemick, SECONDED by Council Member McDowell to establish a Council Subcommittee, members to include Mayor Gordon, Council Member Gaines, City Manager, and Disaster Preparedness Coordinator, to evaluate the City's risks in dealing with terrorism and make recommendations for any needed policy actions or resource allocations MOTION PASSED BY UNANIMOU VOICE VOTE. 5/0 Spoke regarding MAX MINUTES OF THE REGULAR CITY COUNCIL MEETING OCTOBER 2, 2001 PAGE NO 6 IiA 7 Council Member Wernick — Spoke regarding the upcoming Household Hazardous Waste Collection Event, Saturday, October 13, 2001 at Raytheon Corporation. Mayor Pro Tem Jacobs - NONE Mayor Gordon — 19 Request to name the Washington Park area south of Manposa "Freedom Park" as a memonal to those who lost their lives on September 11, 2001 as a result of the terronst attacks and to create a memonal on the park MOVED by Mayor Gordon, SECONDED by Council Member McDowell, to name the Washington Park area south of Mariposa "Freedom Park" and to create a memonal on the park MOTION PASSED BY UNANIMOUS VOICE VOTE. 510. Spoke regarding LAX reopening their parking structures and the eventual reinstatement curbside drop -off PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit) Individuals who have received value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so identify themselves prior to addressing the City Council. Failure to do so shall be a misdemeanor and punishable by a fine of $250 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 BIII Mason spoke regarding the proposed campaign finance ordinance. Also spoke regarding CARE organization MEMORIALS — Adjournment In memory of Laurie Nelra, a victim of the New York City tragedy. CLOSED SESSION - NONE ADJOURNMENT at 8 35 P M Cathy Domann, Deputy City Clerk MINUTES OF THE REGULAR CITY COUNCIL MEETING OCTOBER 2.2001 PAGE NO 7 0r4 EL SEGUNDO CITY AGENDA ITEM STATEMENT AGENDA DESCRIPTION: COUNCIL MEETING DATE: October 16, 2001 AGENDA HEADING: Consent Authorization to issue a purchase order to Progressive Solutions for FY 2001- 2002 for business license software support and approve Amended Software Maintenance Agreement until October 1, 2006 RECOMMENDED COUNCIL ACTION: Authorize approval of Amended Software Maintenance Agreement and issuance of purchase order to Progressive Solutions for FY 2001 -2002 Authorize City Manager to execute annual extension options until October 1, 2006 through issuance of a purchase order BACKGROUND & DISCUSSION: (See attached) ATTACHED SUPPORTING DOCUMENTS: Scope of Services (Exhibit A), Amended Software Maintenance Agreement (Exhibit B) FISCAL IMPACT: Operating Budget: $14,300 Amount Requested: $14,300 Account Number: 001 -400- 2505.6217 Protect Phase: Authoress issuance of FY 2001 -2002 purchase order to Progressive Solutions and approve Amended Software Maintenance Agreement Appropriation required: No Jones, Buirhess Services Manager Bret Plumlee, Finance Director REVIEWED BY: DATE: Mary St n, C Manager 16 1110 /Q nss 10/9/01 3 45 PM c BACKGROUND & DISCUSSION (Continued): In FY 2000 -2001, the City Council approved entering Into an agreement with Progressive Solutions to perform business license software support services The budgeted amount exceeds $10,000, and staff is requesting approval to Issue a FY 2001 -2002 purchase order to Progressive Solutions for budgeted amount of $14,300 The Software Maintenance Agreement has been amended to include a -not to exceed fee of $14,266 40 until, at a minimum, October 1, 2006 Progressive Solutions agrees to lower the Software Support service fee in the event that their client revenue increases due to additional customers Staff is recommending authorizing the City Manager to execute extension options until October 1, 2006 Also included in the Amended Software Maintenance Agreement is a licensed software escrow account to be established should Progressive Solutions discontinue the licensed software, terminate software support for the licensed software, or declare bankruptcy The Escrow Holder will deliver the operating code of the licensed software upon receiving a source code license fee equal to either $50,000 or the fair market value (as determined by a third -party appraiser), whichever is lower, less a prorated credit for any remainder of software maintenance support that cannot be provided because of a triggering event 10/9/01 1 45 AM n R; Exhibit A Scope of Services. Scope of services provided by Progressive Solutions include Customer support which includes phone consultation, data correction and program configuration to accommodate changes through VPN access, custom report creation, periodic training at our facility, free software upgrades as they become available, periodic on -site support, and some custom programming Primary Objectives Efficient data entry, maintenance and validation Efficient generation of licenses, renewals, delinquents and custom letters Ease of obtaining ad hoc management and operational information Modification of Agreement Progressive Solutions will perform strictly to any negotiated agreement Any modifications to the negotiated agreement must be in writing and signed by the respective authorized representatives nR7 Exhibit B Agreement No. AMENDED SOFTWARE MAINTENANCE AGREEMENT BETWEEN THE CITY OF EL SEGUNDO AND PROGRESSIVE SOLUTIONS, INC. This AGREEMENT is entered into this 16th day of October. 2001. by and between the CITY OF EL SEGUNDO, a general law city and municipal corporation (--CITY") and PROGRESSIVE SOLUTIONS. INC.. a California Corporation (--PROGRESSIVE ") 1 RECITALS. This Agreement is made with reference to the following facts and objectives: A The Parties to this Agreement entered into a Software Maintenance Agreement on or about April 4, 2000 identified as Agreement No 2774 ( "Software Contract "); B On or about July 6. 2001. PROGRESSIVE informed CITY that it would increase its fee for software maintenance, but that this annual fee would not increase for five years; C CITY believes that it is in the public interest to continue its business relationship with PROGRESSIVE with certain conditions; D The Parties to this Agreement agree to amend the Software Contract as specified in this Agreement. 2 NATURE OF SUPPORT. PROGRESSIVE provides software support services and CITY desires to obtain software support services for the software identified in this Agreement. 3 TERM; RENEWAL. The term of this Agreement will be for one (1) year from the effective date unless terminated as provided below The Agreement will be automatically renewed for a subsequent year if CITY pays PROGRESSIVE -s annual support fee. 4 CITY'S RIGHTS AND OBLIGATIONS A CITY during the term of this Agreement will designate one employee as a primary contact for each software system Additional contacts may be designated up to the number defined under Section 7. These `Software Support' contacts should know the system, use the system, and be responsible for the results of the system. These persons will also provide the initial interface with PROGRESSIVE's support personnel, accept software updates and arrange for software update installation. CITY accepts and understands that if software upgrades are not installed within six (6) months from receipt or within six (6) months from the release date Page 1 of 9 nco whichever is earlier. PROGRESSIVE will be under no obligation to continue any `Software Support' services B CITY agrees to implement corrections to known software problems. which have been identified as necessary by PROGRESSIVE. Failure to implement those identified software corrections will relieve PROGRESSIVE from any and all `Software Support' responsibilities In such event, any subsequent services will only be provided on an emergency time and materials basis. C CITY agrees to maintain working remote access (via- Symantec'sTM pcANYWHERETM and a Virtual Private Network -VPN connection) to the licensed software and data. In addition, CITY agrees that the designated workstation will meet the following minimum requirements. Pentium 100 or faster processor. Windows 95/98/NT, and completed installation of (licensed software. PCanywhere and Microsoft Access) In the event PROGRESSIVE deems such access necessary, PROGRESSIVE will request confirmation that such access is available. Upon receipt of such confirmation, PROGRESSIVE will attempt remote access. If remote access is not functional despite CITY's confirmation of functional remote access, PROGRESSIVE will provide remote access verification services free of charge for one time during each annual agreement. Should CITY require remote access verification services in excess of the one free service, CITY will request approval for payment prior to providing remote access verification The remote access verification fee compensates PROGRESSIVE for assistance in setting up and verifying remote access operation In the event remote access is not and will not be available in the course of PROGRESSIVE's attempts to provide `Software Support' services. CITY understands that PROGRESSIVE's ability to provide support will be severely limited. Should CITY destre emergency support, on -site support services are available at PROGRESSIVE's current support rate plus expenses for each partial or full day required to provide `Software Support' services. . . D CITY understands and acknowledges that network performance is solely the responsibility of CITY. Should any questions anse as to whether a performance issue is software or network related, CITY agrees to isolate the appropriate workstations and servers on one hub and to test the Licensed software in an environment totally separate from any and all other network communications. E CITY assumes any and all responsibility and liability for any modification to the Licensed software not made by PROGRESSIVE. If an error condition is not a Licensed software error or that the error condition results from a CITY modification to the Licensed software, CITY agrees Page 2 of 9 w w to pay PROGRESSIVE for reasonable services necessary to correct the error at the rates in effect at the tune of service plus reasonable expenses 4 PROGRESSIVE'S RIGHTS AND OBLIGATIONS. A. During the tens of this Agreement, PROGRESSIVE will provide CITY with unlimited telephone support services relating to software fixes and the dissemination of workaround solutions In addition. PROGRESSIVE will provide CITY with any updates and/or minor enhancements to Licensed software, which may become available from PROGRESSIVE without additional charge. For multi-user Licenses. PROGRESSIVE will send one copy of the digital media (the licensed application) per release cycle to CITY -s designated representative. This person will distribute copies of the Licensed software to those responsible for any additional Licensed computer systems. B During the term of this Agreement, PROGRESSIVE will provide CITY with limited voice, facsimile, modem, and mail communications as appropriate for training related support. Training support is defined as providing information to current and prospective users of the Licensed software on operational or functional aspects defined in the current user documentation. This support will be provided to the person designated by CITY (or an alternate in the absence of the designated caller). The designee will know the Licensed software, use the Licensed software and be responsible for the results of their efforts Training related support in excess of thirty (30) mmutes per call will be billed at the rate in effect at the time of service. Prior to and as a condition of PROGRESSIVE's right to bill for training services. PROGRESSIVE will inform CITY that the free training support is over and that any additional training will be billable. PROGRESSIVE reserves the right to limit the number land the duration of these communications. C Nothing contained in this Agreement will be construed to obligate PROGRESSIVE to provide any services whatsoever subsequent to the expiration of this Agreement or any subsequent renewals of this Agreement Upon expiration of this Agreement, CITY may purchase continued `Software Support' services on an annual basis. The price(s) specified in section 7 is (are) the current price(s) for `Software Support' services. Subject to the provisions of Section 7, PROGRESSIVE agrees to provide at least 30 days prior written notification prior to implementation of any fee change. Any fee change will not be effective until the first day of any annual extension 5 INSURANCE REQUIREMENTS. PROGRESSIVE will 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 Page 3 of 9 � n7A anse from or in connection with the performance of the work hereunder b} Lisensor, its agents, representatives or employees Insurance is to be placed with insurers with a current A M. Best's rating of no less than AND PROGRESSIVE will provide the following scope and limits of insurance A Minimum Scone of Insurance Coverage will be at least as broad as 1 Insurance Services Office form Commercial General Liabilit< coverage (Occurrence Form CG 0001) 2 Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability. including code 1 "anN auto" and endorsement CA 0025, or equivalent forms subject to the written approval of the City. 3 Workers' Compensation insurance as required b} the Labor Code of State of California and Employers Liability insurance and covering all persons providing services on behalf of the PROGRESSIVE and all risks to such persons under this Agreement (Not needed if Self - employed with no employees.) B Mirnmum Limits of Insurance PROGRESSIVE will maintain limits of insurance no less than- 1 General Liability. $1.000,000 per occurrence for bodily injury, personal mjur}, and property damage. If Commercial General Liability Insurance or other form with a general aggregate linut is used, either the general aggregate limit will apply separately to the activities related to this Agreement or the general aggregate limit will be twice the required occurrence luntt 2. Automobile Liability. $1.000.000 per accident for bodily injury and property damage. " " 3 Workers' Compensation and Employer's Liability Workers' Compensation as required by the Labor Code of the State of California and Employers Liability limits of $1;000,000 per accident. C Other Provisions Insurance policies required by tins Agreement will contain the following provisions 1. All Policies. Each insurance policy required by this paragraph will be endorsed and state the coverage will not be suspended, voided, canceled by the insurer or either party to this Agreement, reduced Page 4 of 9 071 in coverage or in limas except after 30 days' prior written notice b} Certified mail, return receipt requested. has been given to the City. 2 General Liability and Automobile Liability Coveraees (i) City. its officers, officials, and employees and volunteers are to be covered as additional insureds as respects- liability arising out of activities PROGRESSIVE performs. products and completed operations of Licesor; premises owned, occupied or used by PROGRESSIVE. or automobiles owned. leased or lured or borrowed by PROGRESSIVE The coverage will contain no special limitations on the scope of protection afforded to City. its officers. officials. or employees. (ii) PROGRESSIVE's insurance coverage will be pnmary 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 will apply in excess of, and not contribute with, PROGRESSIVE's insurance. (iii) PROGRESSIVE's insurance will apply separately to each insured against whom clams is made or suit is brought, except with respect to the limits of the insurer's liability. (iv) Any failure to comply with the reporting or other provisions of the policies including breaches of warranties will not affect coverage provided to the City, its officers, officials. employees or volunteers. 3 Workers' Comnensation and Emnlover's Liability Coverage. Unless the City Manager otherwise agrees in writing, the insurer will agree to waive all rights of subrogation against City, its officers, officials, employees and agents for losses arising from work performed by PROGRESSIVE for City D Other Requirements PROGRESSIVE 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 PROGRESSIVE 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 Page 5 of 9 n79 1 PROGRESSIVE will furnish certificates and endorsements from each subcontractor identical to those PROGRESSIVE 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 will reduce or eliminate such deductibles or self - insured retentions as respects the City. its officers. officials. employees and volunteers. or the PROGRESSIVE will 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 will not be construed to limit PROGRESSIVE's liability hereunder nor to fulfill the indemnification provisions and requirements of this Agreement 6 INDEMNIFICATION. A PROGRESSIVE agrees to hold CITY harmless and indemnify CITY from any damages ansmg from PROGRESSTVE's performance under this Agreement except for CITY's active negligence. PROGRESSIVE agrees to defend CITY, at CITY's request, from any suit or claim where PROGRESSIVE's Licensed Software allegedly uifnnges upon intellectual property of a third -party B For purposes of this section "CITY" includes CTTY's officers, officials, employees. agents, representatives. and certified volunteers 7 SUPPORT FEES AND PAYMENTS. A The annual fee for Software Support services is $14.266.40 for an unlimited number of users PROGRESSIVE agrees not to increase the amount of this fee until, at a minimum, October 1, 2006. PROGRESSIVE agrees to lower the Software Support service fee in the event that their client revenue increases due to additional customers B. Payment for `Software Support' services is due in advance `Software Support' services will not be provided until such advance payment has been received 8 LICENSED SOFTWARE ESCROW ACCOUNT A PROGRESSIVE agrees to place the operating code of the Licensed Software in escrow with ParkGlenCMI ( "Escrow Holder "). Page 6 of 9 n�� B Subject to the provisions of this Section. Escrow Holder will deliver the operating code of the Licensed Software to CITY should PROGRESSIVE 1. Discontinue the Licensed Software, 2. Terminate Software Support for the Licensed Software. or 3 Declare bankruptcy C CITY understands and agrees that Escrow Holder will only deliver the operating code of the Licensed Software upon receiving a source code license fee equal to either $50.000 or the fair market value (as determined by a third -party appraiser). whichever is lower. less a prorated credit for any remainder of Software Maintenance Support that cannot be provided because of a triggering event D CITY's acquisition of the operating code of the Licensed Software is restricted to CITY's own use. CITY agrees not to transfer the operating code of the Licensed Software, or its documentation, to any third -party except as provided by law. E In the absence of any triggering events or if CITY terminates this Agreement, the escrowed operating code will be retained by PROGRESSIVE F Both CITY and PROGRESSIVE agree to indemnify and defend Escrow Holder from any and all claims ansmg from expectations not identified in this section. 9 GENERAL PROVISIONS. A The Licensed software is subject to design and operational changes to allow for the use of new technologies and to correct known bugs as they are brought to the attention of the PROGRESSIVE, either by the CITYs own quality - control mechamsms or by the CITY B. CITY acknowledges that the Licensed software is of such complexity that it may have inherent defects and agrees that as CITYs sole liability for such inherent defects and as CITY's sole remedy for such inherent defects, PROGRESSIVE will provide, during the tens of this Agreement, all reasonable maintenance services to correct documented programming or documentation errors reported by CITY which are caused by a defect in an unaltered version of the delivered Licensed software. C CITY acknowledges that annual software maintenance is designed to ensure quality support for all users of both Licensed software and forms Page 7 of 9 n7a designed, created and/or maintained by PROGRESSIVE as part of the released software PROGRESSIVE utilizes Seagate's Crystal Report WnterTM to create most reports and forms To ensure maximum flexibility, customers are provided with the option to design. create and maintain additional forms. mailings. and/or reports PROGRESSIVE's annual software maintenance does not include the provision of technical support for user written customized Crystal ReportsTm However. PROGRESSIVE is pleased to offer support on a cost per incident basis D This Agreement and an} written modifications. amendments or addenda. executed pursuant to this Agreement constitute the entire agreement between the parties and supersede all previous agreements. including Agreement No 2774, negotiations and other proposals. oral or written. and all previous and current negotiations and other communications between the parties The obligations set forth in this Agreement will be construed in accordance with and governed by the laws of the State of California This Agreement may be signed in several counterparts. each of which will he deemed an ongmal. E Any change or revision to the terms and conditions hereof will be made by written amendment and will be executed by persons authorized to do so by the respective parties No changes in specifications, requested or suggested by either parry, will be made except by written agreement of both parties 10 EXECUTION. This agreement will become effective on the date it is fully executed PROGRESSIVE PROGRESSIVE SOLUTION'S. INC P 0 BOX 783 BREA CA 92822 [Signatures on next page] CITY CITY OF EL SEGUNDO 350 MAIN ST. EL SEGUNDO, CA 90245 Page 8 of 9 075 IN WITNESS WHEREOF the parties nereto have executed this contract the day and year first hereinabove written CITY OF EL SEGUNDO, a general law city. Mary Stienn, City Managcr ATTEST Cindy Mortesen, City Clerk APPROVED AS TO FORM Mark D Hensley, City Attorney 0 Karl I{. Berger, Assistant City Attorney PROGRESSIVE SOLUTIONS, INC., a California Corporation. Glenn R. Vodhanel, President Taxpayer ID No. Page 9 of 9 07cz EL SEGUNDO CITY COUNCIL MEETING DATE: October 16, 2001 AGENDA ITEM STATEMENT AGENDA HEADING: Consent AGENDA DESCRIPTION: Request to purchase M26 Advanced Tasers from Taser International to replace the current Ineffective and outdated Taser equipment for an amount not to exceed $14,000 00 as budgeted in the Equipment Replacement Fund RECOMMENDED COUNCIL ACTION: Approve purchase of Advanced Tasers; related equipment and training BACKGROUND & DISCUSSION: The Police Department currently deploys TE93 Taser devices manufactured by Tasertron According to the manufacturer, the life expectancy of our devices is 5 years and they are now scheduled for replacement Since the Initial purchase and deployment of the TE93, new technology has emerged in the taser industry Staff has evaluated products from the industry leaders and recommends purchasing the M26 Advanced Taser from Taser International on a sole source basis It is requested that the Police Department purchase and deploy twenty -two Advanced Tasers This Increased amount will equip all 13- patrol vehicles with the less - lethal device, as well as the SWAT team and the Station Watch Commander and Jail facility These tasers should be funded in a budgeted amount not to exceed $14,000 as identified In the Equipment Replacement Fund, Taser International has offered our agency a "buy one, get one free" trade -in program until October 30, 2001. We will be able to purchase 22 M26 Advanced Tasers for the price of 11 ATTACHED SUPPORTING DOCUMENTS: 1 Staff report 2 Quotation from Taser International. FISCAL IMPACT: Operating Budget: $14,00000 Amount Requested: $14,00000 Account Number: Equipment Replacement Fund Project Phase: NIA Appropriation required: No i r DATE: Chr6f of Police City Manager /�� 10/9/01 4.43 PM 077 % C oaf � INTER- DEPARTMENTAL CORRESPONDENCE October 1, 2001 To Jack Wayt, Chief of Police , From- Brian Evanski, Lieutenant (through channels) Subject Taser equipment replacement PROPOSAL It is proposed that the Police Department replace the current Tasertron "TE93" tasers with more efficient and effective devices manufactured by Taser International. Equipment Replacement Funds are budgeted and should be used for this purchase BACKGROUND The Police Department has been using Tasertron TE93 less- lethal taser devices since 1995. According to the manufacture, due to the degradation of the plastic over time, the life expectancy of these devices is 5 years and they are now scheduled for replacement. There are the two primary manufacturers of less -than lethal taser products servicing the law enforcement industry, Tasertron and Taser International Staff has evaluated the taser technologies from both companies and the results are as follows. Output Power Although the Tasertron TE93 devices have proven successful in subduing several individuals under normal circumstances, they have failed on occasionswhen drugs, alcohol, or other substances and circumstances override the effects of the taser on the central nervous system. During these circumstances, it was often determined that failure was due to the limited watt output of the taser device The current TE93 devices deploy an output power of approximately 14 watts. It should be noted that Tasertron has since developed a taser, the 95HP, with a higher watt output to overcome this reason for failure. In comparison with the TE93, the 95HP (High Power) produces an output power of 22 watts Taser International's M26 deploys a 26 watt electrical signal to completely override the central nervous system and directly control the skeletal muscles. It is important to note that the watt levels of these taser devices have been found to leave no long- term effects or injury, nor do they interfere with the operation of a pacemaker. R !. STAFF REPORT TASER EQUIPMENT PAGETWO Timed Deployment The Tasertron products, including the T93 and newer devices with higher watt capabilities, do not employ an automatic 5- Second activation upon deployment In order to affect the most efficient deployment, the user of the Tasertron device must press and hold the trigger for 5 seconds to accomplish the recommended electrical burst , Experts have identified that the primary failure reason of these devices is failure to activate the device for a continuous 5 seconds - The M26 model from Taser International deploys an automatic 5- second electrical burst upon activation Taser International's product does have the capability of stopping the electrical charge prior to the 5 seconds by activating a safety switch if the need arises Design and Configuration Tasertron devices are designed and configured in a straight handle, "wand" style This design can be cumbersome and awkward to deploy. The Taser International M26 is designed in the same manner as a handgun and thus comfortable and easy to use The laser sight system is simple and effective The polymer makeup of the device is designed to withstand harsh everyday police use. The polymer material can be yellow in color to differentiate that it is indeed a less - lethal weapon and not a handgun RECOMMENDATION It is recommended that the Police Department replace the Tasertron TE93 tasers by purchasing M26 Advanced Tasers from Taser International on a sole- source basis The cost of the new tasers, related equipment and training should be funded as outlined in the budget from the Equipment Replacement Fund in an amount not to exceed $14,000 rV A I 07D EL SEGUNDO CITY COUNCIL MEETING DATE: October 16, 2001 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION Adoption of specifications for the purchase of two (2) portable Industrial generators to be Installed on trailers (estimated cost = $68,000.00). RECOMMENDED COUNCIL ACTION- Adopt specifications and authonze staff to advertise the project for receipt of equipment bids BACKGROUND AND DISCUSSION: The recently adopted budget provides for the purchase of these portable Industrial generators, which will be used to provide temporary power to the pump stations During power outages, these generators will be transported to the pump stations, set up and connected to the pumps. After draining the wet well, staff will then proceed to the next pump station Modifications to the pump station will be made to allow for quick power connections under another contract After the October 2, 2001 Council meeting, staff met with the Individual who offered additional data on generator specifications After review of the data submitted, staff recommends advertising the project with the attached specifications. The specifications in this report are more appropriate for the use of generators for the powering of pump stations in that the components listed are more suitable for this single purpose ATTACHED SUPPORTING DOCUMENTS: Specifications for portable industrial generators FISCAL IMPACT- Operating Budget* $79,900.00 Amount Requested. $68,000.00 Account Number. 301 - 400 -4301 -8104 Project Phase, Bid Process Appropriation Required: No VKIlaIP1A1 tU Cf T. /; 9�g Date, G7JlYr1 OCT 10 2001 BY, 7� 17 Date: ' "x/ PWCOUNCIL 101DCTORER 16 03 fT y 10MMI 4'00 P M) ()F0 R CITY OF SEGUNDO Specifications for Portable Industrial Generators Installed on Trailers Two (2) Units Each are Required 100 DGDB Diesel, 60 Hz, 100 kW Generator Duty Rating- Standby Power Compliance - Emissions, US Epa Mobile Off Highway Enclosure -Sound Attenuating, Second Stage Voltage- 277/480,3 Phase Wye Alternator -60 Hz, 12 Lead, Upper Broad Range, 125c Set Control- Detector 12, with AC Meters Excite /Regulator- Torque Match Engine Govemor - Mechanical, 5% Droop Circuit Breaker Mtg -Single Breaker, Left of Control Circuit Breaker -175a, 3 pole, 600/750v, Thermo - Magnetic, UL Engine Cooling- Radiator, 50c Ambient Shutdown -Low Coolant Level Extension- Engine Coolant Drain Test Record - Certified Warranty -1 Year Basic Rack - Battery Extension -Oil Drain Trailer Mounted with 60- Gallon Fuel Tank Unit Mounted Starting Battery with Cables Unit Mounted Battery Charger 10 Amp, 120 VAC One (1) set O & M Manuals Unit Services with Oil & Antifreeze PW-C U U- i%OCTOSER 78A3 (TuMO&y 1GNWM 4.00 P M) no It EL SEGUNDO CITY COUNCIL MEETING DATE: October 16, 2001 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION' Change Order No. 1 to Belaire -West Landscape, Inc., for Washington Park (now known as Freedom Park) Improvements -Approved Capital Improvement Project— Public Works Project No PW 01 -02 (change order amount $28,600.00). RECOMMENDED COUNCIL ACTION: Authorize staff to issue Change Order No. 1. BACKGROUND AND DISCUSSION- On September 4, 2001, the City Council awarded a contract in the amount of $270,000.00 to Belaire -West Landscape, Inc., for construction of the Washington Park Improvements Construction is anticipated to commence on October 15, 2001. (Additional Background and Discussion on the next page....) ATTACHED SUPPORTING DOCUMENTS: FISCAL IMPACT. Cost to City of $28,600.00 Capital Improvement Project. $300,000.00 Amount Requested $ 28,600.00 Account Number, 301 -400- 8202 -8469 Project Phase. Construction Appropriation Required: No ORIGINATED BY: %� Date, �J� OCT 1 n onm M-COUNCIL 1o10CTO6ER 16M (Wedngdry 1011=1 Woo AM) n Qef 0 BACKGROUND AND DISCUSSION Subsequent to the award of the contract, the following changes were made to the contract plans* A The contract plans indicated providing potable water supply to the park's tmgation system. Subsequent discussions with the West Basin Municipal Water District indicated that reclaimed water service can be provided to the park from existing reclaimed water lines in Constitution Park through street crossings across Manposa Avenue and Sycamore Avenue West Basin has agreed to reimburse the City for providing these extensions through a change order to the current Bela)re West Landscape contract (cost = $15,099.50). B The contract plans indicated solar powered irrigation controllers for the park. Subsequent research by the Recreation and Parks Department and by the architect has indicated that solar controllers are less reliable than the conventional electrical controllers. The cost of providing the electrical supply from available Southern California Edison Company (SCE) sources, including SCE permit charges, is $20,000.00. C Southern California Edison Company has required some modifications to the contract plans to provide a 16 foot wide maintenance access compacted dirt roadway to its overhead facilities within the park and along Illinois Street. The additional cost for this work is estimated to be $8,600.00. Total Change Order No 1 Cost = $43,699.50 Less Reimbursement by West Basin Water District = $15,099.50 Net Change Order No 1 Cost to the City = $28,600.00 AV-COUNCIL 101OOTOSER 1802 (WAY 10/70/01 0'00 AM) Fl40) EL SEGUNDO CITY COUNCIL MEETING DATE: October 16, 2001 AGENDA ITEM STATEMENT AGENDA HEADING. Consent Agenda AGENDA DESCRIPTION. Agreement with Advanced Applied Engineering (AAE) to provide public works engineering consultant services on an as needed basis at the rate of $90.00 per hour (budgeted amount $150,000.00) RECOMMENDED COUNCIL ACTION. Approve agreement and authorize the City Manager to execute the Standard Professional Services Agreement with Advanced Applied Engineering BACKGROUND AND DISCUSSION: The adopted fiscal year 2001 -2002 Operating Budget includes $150,000.00 to provide for public works engineering consultant services. These services will provide for management and development of several approved capital improvement and other projects (Additional discussion on next page....) ATTACHED SUPPORTING DOCUMENTS. Scope of Services Exhibit "A" and costs "Exhibit "B" FISCAL IMPACT. As needed basis not to exceed $150,000.00 Operating Budget: $150,000.00 Amount Requested, $150,000.00 Account Number. 001 - 400 -4801 -6206 Project Phase Consultant Services Appropriation Required: No VRIVIIIMI w or: - uaie: ArT 10 2081 PWLOUNCLL 10 =CMER 1601 ff a fly IMMI 4-WPM) M ) opa 1n ADDITIONAL DISCUSSION Staff has interviewed four (4) consultants (Advanced Applied Engineering, Norris - Repke, Aztec Engineering and Jacobs), and one (1) individual for providing public works engineering services. Based on these interviews, staff recommends Mr Rod Posada of Advanced Applied Engineering to provide the needed consultant services at the hourly rate of $90.00 Mr. Posada is a registered civil engineer with over twenty (20) years of experience in the development and management of various types of public works projects. Staff has received favorable references from Mr Posada's previous employers. PWCOUNCIL IODCTOBER 16 01 rruesWY 10NB91 490 P U) () R5 Exhibit "A" Scope of Services AAE Incorporated (AAE) is pleased to provide the City of EI Segundo with an Associate Engineer, on an hourly basis. As previously discussed, we will provide the engineering services of Mr Rod Posada, P.E., to the City of El Segundo, for this very important position AAE Resources AAE provides civil and traffic /transportation engineering, surveying, program and construction management, and municipal engineering services to a variety of private and public projects AAE has a dedicated and focused staff of professional engineers, surveyors, technicians, and support personnel with years of experience, committed to the successful delivery of this assignment Mr. Posada will have the support, and access to the resources available at our corporate office in Orange and our office in Pasadena Understanding It is our understanding the City of El Segundo requires an Associate Engineer to perform a wide range of engineering and design activities, to assist the professional engineering staff, and to perform related work as required As you know, Mr. Posada has experience performing similar duties for the Cities of Irwindale and Cerritos. For this assignment, Mr Posada will be responsible for, but not limited to the following • Determine the priority for each of the projects in the CIP program for the FY 01- 02 • Request SOQ for Design Consultants. • Prepare a schedule containing the phases of each project from issuance of RFP to delivery to the City • Prepare RFP for each of the projects within the CIP program. • Evaluate each of the proposals and make recommendations for City Council consideration • Perform project management during the design of each of the CIP projects • Prepare bid packages for each of the projects of the CIP program' • Select construction contractor and make recommendations to City Council • Coordinate inspection during construction. • Prepare punch lists when project is nearing completion. • Prepare Notices of Completion and reports for Council consideration. • Assist staff in the Public Works Department with community meetings, resident complaints and report as to the status of the CIP program. • Any activity as assigned by the Director or Public Works M- COUNCIL1MOMBER 16 01 (Tumoy 7MMI 4m P M) ARA Exhibit `B" Fee Prouosal Professional engineering consultant services will be performed for the contract period October 1, 2001 to October 1, 2002 at an hourly rate of $90.00 per hour, not to exceed $150,000 00 per year PM -COUNCILIMC=0SER 1601 (TY6 y 10MMI 4'00 P M ) AG.9 EL SEGUNDO CITY COUNCIL MEETING DATE: October 16, 2001 AGENDA ITEM STATEMENT AGENDA HEADING: Consent AGENDA DESCRIPTION: Consideration of a Second California Defense Retention Grant Program Application to the State of California — Technology, Trade and Commerce Agency RECOMMENDED COUNCIL ACTION, Approve filing of grant application and adopt resolution BACKGROUND & DISCUSSION: On June 19, 2001, the City Council accepted a Defense Retention Grant from the State of California in the amount of $50,000 as matching funds for the preparation of a Specific Plan for the 42 -acre site known as Area A of the Los Angeles Air Force Base The Air Force is seeking to privatize this site as part of its Systems Acquisition Management Support (SAMS) project The maximum Defense Retention Grant available in a fiscal year is $50,000 Staff recently received notification of a new funding round for the Defense Retention Grant program If approved, second -round funds would be used to match City funds to prepare an Environmental Impact Report (EIR) that is required to support the Specific Plan Staff estimates the cost of preparing an EIR at $100,000. The City Council has already budgeted funds for the preparation of both the Specific Plan matching funds and the full cost of the EIR However, if this application were approved, the City would share the cost of preparing the EIR with the State just as it is sharing the cost of preparing the Specific Plan Therefore, staff is seeking authorization to submit an application, with the support of the Los Angeles Air Force Base (Base), to the State of California — Technology, Trade and Commerce Agency for $50,000 in matching grant funds for the preparation of an EIR ATTACHED SUPPORTING DOCUMENTS: Draft Resolution No. FISCAL IMPACT, Operating Budget: $150,000 Amount Requested: NIA Account Number: 001 -400- 2402 -6214 Project Phase. NIA Appropriation required, N/A ORIGINATED: Sandra Read Manager �— DATE: Mgr. October 5, 2001 Apt 1 1 RESOLUTION NO. _ A RESOLUTION AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO APPLY FOR, RECEIVE, AND APPROPRIATE GRANT FUNDS FROM THE CALIFORNIA TECHNOLOGY, TRADE, AND COMMERCE AGENCY. The City Council of the city of El Segundo does resolve as follows SECTION 1: The City Council finds and declares as follows• A A United States Air Force Base, known as the Los Angeles Air Force Base, is located within the City B The City is informed that the Air Force is considering selling or leasing real property, identified as Area "A," located on the southeast comer of El Segundo Boulevard and Aviation Avenue The purchaser or lessor would be free to develop the property for private, civilian, use C This property conveyance will allow the Air Force to construct new facilities and remain within the City D The California Technology, Trade, and Commerce Agency administers the Defense Retention Grants authorized by Government Code § 15346.10 pursuant to regulations promulgated pursuant to Government Code § 15346.12 and codified at Code of California Regulations, Title 10, Chapter 6.58 E Grants may be awarded to communities seeking to retain military bases located within their jurisdiction which meet certain criteria F Pursuant to 10 Cal Code Reg § 4083.2(f), at least fifty percent (50 %) of the cost for implementing the City's plan for retaining the Los Angeles Air Force Base must be paid by sources other than the Defense Retention Grant G It is in the public interest for the City to apply for a Defense Retention Grant in order to keep the Los Angeles Air Force Base within the City's jurisdiction. The Air Force base is an important resource to the commumty and the City should take all practicable steps to retain the base H A copy of this Resolution should be included with the City's grant application in accordance with 10 Cal Code Reg § 4083.5(a) SECTION 2: The City Manager, or designee, is authorized to apply for a $50,000 grant from the California Technology, Trade, and Commerce Agency to be used for facilitating the Los Angeles Air Force Base's plans to convert real property from military use to private, civilian, development Page 1 of 2 non SECTION 3: The City Manager, or designee, is authorized execute any required documents to receive the grant and loan for the purposes identified herein SECTION 4: The City Manager, or designee, is authorized to accept and spend the grant monies identified in this Resolution for the purposes set forth herein SECTION 5: The City Council hereby amends or supplements the City's Budget for fiscal year 2001 -2002 to appropriate the monies identified herein to pay for the retention plan proposed by the City in support of its grant application The City Manager, or designee, is authorized to implement the purpose of this section SECTION 6: This Resolution will become effective immediately upon adoption PASSED AND ADOPTED this _ day of 2001 APPROVED AS Mark D Henslaz 0 Assistant Page 2 of 2 City Clerk non EL SEGUNDO CITY COUNCIL MEETING DATE: October 16, 2001 AGENDA ITEM STATEMENT AGENDA HEADING- Consent Agenda AGENDA DESCRIPTION: Request For Proposal for preparation of a Specific Plan and Environmental Impact Report for the Los Angeles Air Force Base (LA AFB) RECOMMENDED COUNCIL ACTION: Authonze staff to solicit proposals from qualified consultants to prepare a Specific Plan and Environmental Impact Report for the Los Angeles Air Force Base. BACKGROUND & DISCUSSION- As part of the Systems Acquisition Management Support (SAMS) Project, LA AFB is seeking to privatize a portion of the base south of El Segundo Boulevard The City has accepted a State Defense Retention Grant to fund a portion of the costs of preparing a Specific Plan. City funds have been budgeted as a match for State funds and for the preparation of environmental documentation to support the Specific Plan The Specific Plan will allow the City to proactively plan for and direct the preparation of development policies and standards. Staff will return to Council for approval of the contract with the selected consultant. ATTACHED SUPPORTING DOCUMENTS: None FISCAL IMPACT Operating Budget. $150,000 Amount Requested. N/A Account Number* 001 -400- 2402 -6214 Project Phase: N/A Appropriation required: N/A DATE: October 5, 2001 Economic Development Manager James Hansen Community, Economic and Development Services Director REVIEWED BY DATE: Mary r n, City Manager D� P q I 1P EL SEGUNDO CITY COUNCIL MEETING DATE: October 16, 2001 AGENDA ITEM STATEMENT AGENDA HEADING: Consent AGENDA DESCRIPTION: Award of contract to Martin & Chapman Co for Election Support and Services for the General Municipal Election, April 9, 2002. (contract amount not to exceed $30,000) COUNCIL ACTION: Approve and authorize the City Manager to execute the standard Professional Services Agreement BACKGROUND & DISCUSSION Martin & Chapman have provided election support and services to the City, without the benefit of a contract, for many years. Due to the current policies of Risk Management we are requesting Martin & Chapman to sign a contract with the City this year Martin & Chapman provide Invaluable services and supplies including, but not limited to, forms, ballots, election manuals, updates on current legislation, and professional opinions. ATTACHED SUPPORTING DOCUMENTS: Scope of Services FISCAL IMPACT Operating Budget $33,000 Amount Requested. $30,000 Account Number. 1302 -6206 Project Phase: 092 1 r? MARTIN & CHAPMAN CO. SCOPE OF SERVICE GENERAL MUNICIPAL ELECTION TUESDAY, APRIL 9, 2002 PRE - ELECTION SUPPLIES Filler w /Resolutions, Calendar of Events, Manual Elections Code of California Election Night Procedures Manual NOMINATION SUPPLIES Candidate's Nomination Paper Candidate's Statement Form Code of Fair Campaign Practices Literature /Mass Mailing Requirements Candidate's Election Calendars MAIL BALLOT SUPPLIES Application for Absent Voter Ballot Late Application for Absent Voter Ballot Instructions for Absent Voters Outgoing Absent Voter Envelopes Identification /Return Absent Voter Envelopes Correction Identification /Return Absent Voter Envelopes Provisional Ballot Envelopes PRECINCT SUPPLIES Election Officer Appointment Forms Election Officer Digests Election Officer Outgoing Window Envelopes Election Officer /Inspector's Instructions Election Officer/Inspector's Delivery Date Letters Precinct Supply Sets Absent Voter Canvass Set Sample Set Repair /maintenance of Voting Booths 11193 REPORTS AND LABELS Polling Place and Address Labels /54 day Polling Place and Address Labels /29 day Polling Place and Address Labels /15 day Permanent Absent Voter Labels Out of State /APO & FPO Labels /w envelope Foreign Language Request Labels Confidential Labels Absent Voter PC Disk System SAMPLE BALLOTNOTER INFORMATION PAMPHLETS Sample Ballot Pamphlets FOREIGN LANGUAGE ASSISTANCE Voter Pamphlet/Spanish Facsimile Spanish Facsimile Ballots OFFICIAL BALLOTS AND SUPPLIES Official Ballots Demonstration Ballots Test/Duplicate Ballots Gray Secrecy Envelopes — Rental BALLOT COUNTING /ELECTION NIGHT SUPPLIES Election Night Supply Box Ballot Counter Programming Extra White Boxes Extra White Box Seats MAILING SERVICES Affixing Polling Place /Address Labels — 54 day Affixing Polling Place /Address Labels — 29 day Affixing Polling Place /Address Labels — 15 day 1'. SPECIAL SERVICES AND DELIVERIES — Special Services /Deliver Precinct Kits & Booths Deliver Mail to Post Office Pick up supplies after election Pick up from & Return to County — Tapes, Rosters, etc MISCELLANEOUS SERVICES Election Officer Class Rental of Personal Computer for Absentee System TRANSLATIONS Spanish Translations — Ballot POSTAGE VERIFICATION ADDITIONAL ELECTION SERVICES & SUPPORT Unforeseen services not normally provided within the standard scope of services (not to exceed the total contract amount) TOTAL CONTRACT AMOUNT NOT TO EXCEED: $30,000.00 TERMS NET 30 DAYS /1 5% PER MONTH THEREAFTER nor an" Martin & Chapman Co. 1951 Wright Circle, Anaheim, CA 92806 -6028 October 5, 2001 City of El Segundo 350 Main Street El Segundo CA 90245 -3813 Attn. Cindy Mortesen, City Clerk Dear Cindy (714).939-9866 FAX (714) 939 -9870 MARTIN & CHAPMAN CO. is pleased to offer the following scope of service for your election to be held April 9, 2002. We would first like to outline our services offered to the city: 1 Provide a Calendar of Election Events setting out dates and requirements of the Election Code. 2 Provide suggested forms of resolutions and notices required for the election. 3 Provide necessary ballots, supplies and instructions for voting in the precinct and for absentee voting. 4 Provide Self -Mader Sample Balioi & Voiers Pamphlet with candidates statements, measures and absent voter application. 5 Prepare and attach special labels to Self - Mailer pamphlet and arrange for delivery to your post office. 6 Have a qualified person available by telephone or in person at all times to assist the City Clerk should problems arise at any time during the election process. 7 Furnish general guidance throughout the election. As a Southern California company, MARTIN & CHAPMAN CO. assists over 200 cities, counties and districts with services, supplies and guidance for elections. 096 MARTIN & CHAPMAN CO will secure the services of all foreign language translators for your translation requirements. The cost of translating each candidates statement into each required language varies by language. We can type all election officer appointment forms. We offer a "Voter ID Report" to assist you in checking signatures on nomination papers and petitions. We offer an alphabetical listing of each voter of your city with each polling place location listed by the voters' last name This "Polling Place Location Report" is available 10 days before your election and will provide information in order that your staff can answer calls from voters. MARTIN & CHAPMAN CO offers a PC based absentee program with bar codes for use on a desktop computer Sample diskettes are available. MARTIN & CHAPMAN Co. has Barcode wands available for purchase or rent also. The absentee system produces self -stick labels for mailing the absentee ballot and alphabetized printed reports for control purposes and for the precinct workers. If you use the PC absentee computer program we will also provide you with a module to the program to allow you to have your "Polling Place Location Report" on your PC You can use the MARTIN & CHAPMAN Co. Bulk Rate mail permit and insure better delivery of sample ballots to your voters. Make sure to check the appropriate box on the "Information Fact Sheet" to be received separately If you have any questions regarding the foregoing, please feel welcome to call at anytime to discuss them We trust that this meets with your approval and that we may have the pleasure of working with you throughout the election season. j , v\ - - 4 colt D Martin Glenn I. Safer Patrick Martin 097 EL SEGUNDO CITY COUNCIL MEETING DATE: October 16, 2001 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Calendar AGENDA DESCRIPTION: Examination plans for the Personnel Merit System fob classifications of Utilities Manager, Pool Manager, Water Supervisor and Equipment Mechanic I. RECOMMENDED COUNCIL ACTION- Approve the Examination Plans BACKGROUND & DISCUSSION. 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. ATTACHED SUPPORTING DOCUMENTS: - REFER TO ATTACHMENT — FISCAL IMPACT* Operating Budget, Amount Requested* Account Number: Project Phase Appropriation required ORIGINATED. DATE- Bob Hyland, Human Reeces na ger Bret Plumlee, Director of Administrative Services _v,D/n, City Manager ag, ,,,,, o9g 10/8/012.34 PM 14 The Human Resources Division has initiated the recruitment, testing and selection processes for the job classifications of Utilities Manager, Pool Manager, Water Supervisor and Equipment Mechanic I. It is recommended that the City Council approve the examination plans that contains the following examination techniques and weights for each portion of the examination- UTILITIES MANAGER Structured, Technical Oral Interview POOL MANAGER Structured, Technical Oral Interview WATER SUPERVISOR Structured, Technical Oral Interview EQUIPMENT MECHANIC I Structured, Technical Oral Interview (Open - Competitive) Weighted 100% (Open - Competitive) Weighted 100% (Open- Competitive) Weighted 100% (Open- Competitive) Weighted 100% 10/8/012:51 PM f11t � EL SEGUNDO CITY COUNCIL MEETING DATE: October 16, 2001 AGENDA ITEM STATEMENT AGENDA HEADING: Consent, City Attorney AGENDA DESCRIPTION: Adoption of an Ordinance of the City Council adding Chapter 6A to Title 5 of the El Segundo Municipal Code to regulate tobacco product sales within the City of El Segundo. Introduction and first reading occurred October 2, 2001 RECOMMENDED COUNCIL ACTION: Adopt Ordinance and waive second reading BACKGROUND & DISCUSSION: As requested by the City Council on September 18, 2001, this Office drafted an ordinance that regulates the sale of tobacco products in El Segundo The proposed ordinance will do four things. (1) require tobacco product vendors to post advisory signs stating that it Is illegal for minors to purchase tobacco products; (2) require vendors selling tobacco products to verify that a potential buyer is eighteen years or older; (3) require that all tobacco products be sold In the manufacturer's original packaging; and (4) require that tobacco products be sold by the vendor In person rather than by self- service displays, or similar means, where the customer may possess a tobacco product before purchase. ATTACHED SUPPORTING DOCUMENTS: Draft Ordinance FISCAL IMPACT: N/A Operating Budget: Amount Requested: Account Number. Project Phase: Appropriation City Attorney Mary D TE' 11t/7 100 15 BACKGROUND & DISCUSSION (CONTINUED): California law partially restricts the means by which tobacco products may be sold Generally, tobacco products may not be sold through vending machines or other mechanical devices. However, there are exceptions to this general rule. Moreover, California statutes do not prohibit selling tobacco products through self - service displays Business and Professions Code § 22960 allows municipalities to adopt - regulations that are more restrictive than the minimum standards in the California Code. Such regulations may completely ban the sale of tobacco products from vending machines or through other, similar, means The proposed ordinance effectuates B &P § 22960 by, in part, requiring all tobacco product sales to occur In face -toface transactions without any opportunity for self-service. Consequently, tobacco products may not be sold through vending machines or other, similar, methods where the customer has possession of a tobacco product before purchasing it. In addition, the proposed ordinance requires vendors to post a notice stating that only persons eighteen years or older may purchase tobacco products; check identification to verify customers' ages; and sell all tobacco products in the manufacturer's original packaging. 101 ORDINANCE NO. 1339 AN ORDINANCE ADDING CHAPTER 6A TO TITLE 5 OF THE EL SEGUNDO MUNICIPAL CODE TO REGULATE TOBACCO PRODUCT SALES WITHIN THE CITY OF EL SEGUNDO. The city council of the city of El Segundo does ordain as follows SECTION 1 The city council finds as follows A Using tobacco products is a positive danger to health and a cause of material annoyance, inconvenience, discomfort, and a health hazard to other persons B The Umted States Surgeon General and the United States Department of Health and Human Services found that a majority of the four hundred thirty-four thousand (434,000) American that die each year from tobacco - related illness became nicotine addicts before their eighteenth birthday C In order to preserve public health, safety and welfare and to decrease the accessibility of tobacco and tobacco - related products, the City Council believes it is in the public interest to Prohibit self - service sales and self - service displays, racks and shelves of tobacco products, Require merchants to post warning signs which state the legal age of sale and that identification is required to purchase tobacco, Prohibit vending machine sales of tobacco products; and 4 Require all tobacco products be sold in original packaging with all legally required health warnings D Nothing contained in this Ordinance is intended to, nor will it, interfere with the criminal prohibitions on selling cigarettes to minors imposed by California Penal Code § 308 SECTION 2 Chapter 6A, entitled Regulation of Tobacco Product Sales, is added to Title 5 of the El Segundo Municipal Code (`SSMC ") to read as follows Page 1 of 4 102 "Chapter 6A REGULATION OF TOBACCO PRODUCT SALES 5 -6A -1 Purpose This chapter is adopted pursuant to the City's police powers and California Business & Professions Code § 22960(c), including any successor statute, for the purpose of further restricting access to and reducing the availability of cigarette and tobacco products from vending machines or devices 5 -6A -2 Definitions. Unless the contrary is stated or clearly appears from the context, the following definitions will govern the construction of the words and phrases used in this chapter A "Business" means any sole proprietorship, joint venture, corporation, or other business entity formed for profit, including retail establishments where goods or services are sold as well as professional corporations and other entities where legal, medical, dental, engineering, architectural, or other professional services are delivered. B "Employee" means any person who is employed by any employer in consideration for monetary compensation or profit C "Employer" means any person, partnership, corporation, including municipal corporation, who employs the services of more than four persons D "Minor" means any individual who is less than eighteen years old. E "Person" means any individual, partnership, cooperative association, private corporation, personal representative, receiver, trustee, assignee, or any other legal entity. F "Self- service merchandising" means open display of tobacco products and point - of -sale tobacco - related promotional products to which the public has access without the intervention of any employee G "Tobacco Product" means any tobacco cigarette, cigar, pipe tobacco, smokeless tobacco, snuff, or any other form of tobacco which may be utilized for smoking, chewing, inhaling, or other manner of ingestion H "Tobacco retailer" will mean any person or governmental entity that operates a store, stand, concession, or other place at which sales of tobacco products are made to purchasers for consumption or use. Page 2 of 4 103 "Tobacco vending machine" means any electronic or mechanical device or appliance the operation of which depends upon the insertion of money, whether coin or paper bill, or other thing representative of value, which dispenses or releases a tobacco product or tobacco accessories "Vendor- assisted" means only an employee has access to the tobacco product and assists the customer by supplymg the product The customer does not take possession of the product until it is purchased. 5 -6A -3 Prohibitions. A It is unlawful for a person or business to offer tobacco products for sale without prominently displaying a sign at the point of purchase for tobacco products stating "SELLING TOBACCO PRODUCTS TO PERSONS YOUNGER THAN EIGHTEEN YEARS OF AGE IS ILLEGAL. PHOTO ID IS REQUIRED TO PURCHASE ANY TOBACCO PRODUCT." The letters of the sign will be at least one quarter inch (1/4 ") high. B It is unlawful for any person, business, tobacco retailer, or owner, manager, or operator of any establishment to sell, offer to sell, or permit to be sold any tobacco product to an individual without first examining identification that establishes the purchaser's age as at least eighteen years unless the seller has some reasonable basis for determining the buyer's age C It is unlawful for any person, business, tobacco retailer, or other establishment to sell or offer for sale any tobacco product that is not in the manufacturer's original packaging containing all required health warnings D It is unlawful for any person, business, or tobacco retailer to sell, permit to be sold, offer for sale, or display for sale any tobacco product by means of self - service merchandising, tobacco vending machine, or by means other than vendor - assisted sales " SECTION 3 If any part of this Ordinance or its application is deemed invalid by a court of competent jurisdiction, the city council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Ordinance are severable SECTION 4 The City Clerk is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City of El Segundo's book of original ordinances; make a note of the passage and adoption in the records of this meeting, and, within fifteen (15) days after the Page 3 of 4 104 passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law SECTION 5 This Ordinance will become effective thirty (30) days following its passage and adoption PASSED AND ADOPTED this _ day of , 2001 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 ' 2001, 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 2001, and the same was so passed ing and adopted by the follow vote: AYES NOES ABSENT ABSTAIN Cindy Mortesen, City Clerk APPROVED AS Mark D Hensley to Karl H. Berger Assistant City, Page 4 of 4 105 EL SEGUNDO CITY COUNCIL MEETING DATE: October 16, 2001 AGENDA ITEM STATEMENT AGENDA HEADING: New Business AGENDA DESCRIPTION: Approval of Sixty (60) Day Interim Agreements with Cassidy & Associates, The MMW Group and Urban Dimensions for work related to the City's Efforts Regarding the Los Angeles International Airport (LAX) Master Plan RECOMMENDED COUNCIL ACTION: Authorize the Mayor to execute sixty-day consultant agreements with Cassidy & Associates, The MMW Group and Urban Dimensions effective October 1, 2001. BACKGROUND & DISCUSSION: Los Angeles Mayor James Hahn has announced that he will introduce a plan for LAX which emphasizes security issues in place of the proposed expansion of the facility outlined in tMe Draft Master Plan EIR/EIS released last January. Press reports outlining the plan state that the revised Master Plan will change the parking facilities, provide for a wider separation of the existing runways and "cap" growth to 78 MAP. While those specifics represent an acceptable premise for a revised Master Plan, the City is still very concerned about the details of implementing such a plan. Accordingly, it is necessary that the City will continue to retain experts to assist Council and staff in communicating the City's position with regard to changes at LAX. (Please see attached page marked "Background and Discussion ") ATTACHED SUPPORTING DOCUMENTS: Letter proposals from The MWW Group, Cassidy & Associates and Urban Dimensions. FISCAL IMPACT: $98,350 Operating Budget: $800,000 -001. 400 - 2901.6406 $180,000 — 001 - 400 - 2901 -6407 " Amount Requested: $98,350 Project Phase. NIA Appropriation Required: No ORIGINJATpDf I DATE: October 9, 2001 a O� Ing 1a Background and Discussion (con't): Because the current situation nationally regarding airport issues is extremely fluid, staff is recommending that the City Council consider interim 60 -day contractual relationships with the following consultants. It is further recommended that the Council revisit those contracts prior to the end of the sixty-days to determine the scope and the need to continue those services during the remainder of the 2001 /2002 fiscal year. Attached for the Council's review are proposals from the MWW Group, Cassidy Associates and Urban Dimensions for various consulting services. The following is a brief breakdown of the services proposed by each: ' The MWW Group ➢ Manage the City's relationship with the Los Angeles Mayor's Office, the Los Angeles City Council and LAWA; ➢ Manage the City's relationship with organized labor and Trade Unions in the region, Establish a media relations campaign, ➢ Establish a dialogue and base of support among Los Angeles civic and business Leaders. Proposed Cost — $16,667/mo Total 60 -day cost - $33,334. Cassidy & Associates Finalize lobbying work with respect to the Douglas Street Gap Closure; Represent the City's position with respect to S. 633 and H.R. 2107; Continue work on Aviation Boulevard project in partnership with the City and El Segundo Employers' Association; Determine and report regularly on airline industry strategy in Washington, D.C. Proposed Cost — $10,000 /mo. Total 60-day cost - $20,000. Note: The budget line item for the lobbying work related to funding for the Douglas Street Gap Closure Project is different than the budget line item for work related to the City's efforts related to the LAX Master Plan. Accordingly, should the Council choose to approve retention of Cassidy & Associates, staff recommends that the costs be apportioned according to focus in account numbers 001 - 400 - 2901 -6406 and 001.400- 2901 -6407 - Urban Dimensions • Continue educating and updating Regional Airport Coalition about the City of Los Angeles' proposed amendments to the LAX Master Plan, • Monitor developments in Mayor Hahn's plan for LAX; • Monitor developments on state and federal level that affect LAX planning; >I r, 7 Monitor progress and develop proposals for action regarding the Southern California Regional Airport Authority, Ongoing press and media outreach to maintain interest in LAX issue and El Segundo's efforts, Continue consultation with Shute, Mihaly & Weinberger on key LAX issues as needed Proposed Cost — $22,500/mo Total 60 -day cost — $45,000 Staff recommends that the City Council authorize the Mayor to execute interim 60 -day contracts effective October 1, 2001 with The MM Group, Cassidy Associates and Urban Dimensions incorporating the work outlined above Staff recommends further that the standard consultant agreements be amended to include the following provisions 1) Consultants shall be paid a fixed monthly retainer not to exceed the amounts listed above; 2) All work performed by consultants shall be directed through the City Manager and /or the Assistant City Manager; 3) All work requested of consultants by the City shall be directed by the City Manager and /or the Assistant City Manager; 4) Consultants shall submit periodic reports of work product and progress on stated goals to the City Manager at last once each month; 5) Consultant contracts shall be reviewed by the City Council during the second regularly scheduled Council meeting in !November 2001, at which time the Council will determine whether or not continuation of the services provided are required. tnH �49% 7s THE MV1Vd GROUP Strategic Communications Counsel October 3, 2001 Ms Mary Strenn City Manager City of El Segundo VIA OHL 350 Main Street El Segundo, CA 90245 RE: Proposal for Services Dear Ms Strenn At the request of Mayor Mike Gordon, I am pleased to enclose a copy of our proposal for services to the City of El Segundo for "A Regional Airport Solution for LAX & Beyond." After you have had a chance to review our proposal, I would be happy to answer any questions you may have. I look forward to working directly with you, or your designee, in implementing our strategy. As a neighboring civic leader and activist in the South Bay, I have greatly admired the fine fob you have done in managing the City of EI Segundo. It will be a true pleasure to have the opportunity to work with you Thank you for your consideration. Sincerely, id A Herb D st t {ou/� enior Vice President Cc Harvey Englander rr(, S," X11 Fls r l"u\ S I NLC I - S I I I L 14111) • LU1 A 16 I L I CA 4111117 Yro"l ]1 >•1•n.«.m Fay 21 i.4amMCIn < , • L- , A,. I 1 I .. \I I+ JI ".1 I . \I, 1,,"n . Un.0 I> %%A -S'11111 • Naall\M1TII\ DC ww.. mw "1+r cl+m ns u s THE MWVI' GROUP Strategic Communications Counsel Proposal Memorandum TO: Mary Strenn, City Manager, City of El Segundo FROM: Harvey A Englander, Senior Vice President & General Manager SUBJECT: Public Affairs Proposal- Regional Airport Solution For LAX & Beyond DATE: October 1, 2001 The MWW Group appreciates the opportunity to submit this proposal to the City of El Segundo — PRIMARY OBJECTIVES— We understand our primary objectives to include I ) Manage El Segundo's relationship with the Los Angeles Mayor's Office. the Los Angeles City Council and the LAWA Board of Airport Commissioners, 2) Manage El Segundo's relationship with organized labor, especially the Trade Unions currently supporting the Master Plan; 3) Establish a media relations campaign to promote a regional solution instead of the LAX expansion, 4) Establish a dialogue and base of support amongst LA civic and business leaders for a resional solution instead of the LAX Master Plan -- STRATEGY- MWW believes that the foundation for accomplishing the City's objectives is to position the regional airport plan as a viable alternative that will work Essentially, the overarching goal of MWW's efforts will be to demonstrate that the regional plan is a real alternative with the City of El Segundo as the implementing body. Without pro- actively positioning the regional plan, there is no alternative to expanding LAX Without an alternative that works, the Master Plan is not truly "dead" and it can be brought back to life to the detriment of El Segundo's citizens and businesses The tragedy of September I Ph must also be considered in developing an overall strategy. Currently, in discussing the Master Plan, LAWA officials are rightfully focusing on security and safety concerns All indications point to the current Master Plan being scrapped for one that includes dust the strict expansion of LAX to accommodate security and safety measures At the same time, media reports are questioning the development of regional airports given the sharp downturn in air travel It is important that El Segundo rhO Sul in Flnt f RI, % SINEI I • S1 ITL IJIIII -Los A\6ELE6 CA 4111117 Pun\I 211.11n.hlh" F1♦ '_1 •JkM1.M1illl 1,' . • \(%, ILK'[ , . \? %% iI1NA - C1L1 VPLi i%A • SLATTLI . KA%HI\f.TI \ DC waw mwwpr com 1 1 O monitor these events and be prepared to respond and also be pro - active in not allowing the regional plan to be forgotten about and trivialized in light of the current troubles the airline industry is experiencing Simply, air travel will resume and if it does not, this nation will not recover Proceeding with the regional plan acknowledges that this nation will come back from the tragedies of September I Ith —LA CITY GOVERNMENT RELATIONSHIPS— Critical to El Segundo's ability to properly promote a regional plan for aviation is the support of LA City leaders MWW and its consultants will utilize their longstanding relationships with City officials to foster a true dialogue on how together a regional plan can be fully endorsed by the City of Los Angeles Mayor James Hahn has already begun this process by promoting a master plan for the expansion of Ontario International Airport. Ontario is one of the five most viable alternative airports to LAX for absorption of the region's passenger and cargo flights But more should be done Mayor Hahn should honor the commitment he made on March 26. 2001 while he was running for office. "The proposed Master Plan for the development of Los Angeles International Airport should not be approved by the Board of the Los Angeles World Airports and should not be submitted to nor approved by the City of Los Angeles " Currently, Mayor Hahn has not chosen to fully implement this pledge. Instead, he has promoted the expansion of Ontario and asked, because of September I Ph, for an extended public comment period on the LAX Master Plan, as well as for LAWA officials to focus on reaching " .a consensus among the many constituencies of Los Angeles World Airports as to what needs to be done for security and safety..." MWW will work to establish a dialogue not only with the Mayor's Office, but also with LAWA's Chairman on the future of the Master Plan and how together a truly regional plan can be implemented Additionally, MWW will design briefing materials for and set up meetings with members of the LA City Council in the hopes of garnering partners in El Segundo's approach for a regional airport solution It is important to acknowledge the challenges inherent in this effort First, El Segundo is viewed as the "David" in the saga of the "Goliath" struggle of the LAX Nfaster Plan Second, El Segundo has a history of aggressively marketing its City to the detriment of Los Angeles These two perceptions will need to be overcome in developing lasting relationships with Los Angeles City officials -2- 111 1 — ORGANIZED LABOR RELATIONSIflPS- Currently, the service worker unions are focused primarily on their members that have lost or are loosing their jobs at LAX because of the new security measures restricting public access to airport terminals At the same time, the downturn in the economy has the trade unions concerned about the future of construction jobs in the coming year The outlook is certainly not rosy The challenge for MWW is to communicate, to the trade unions the full potential for increased Jobs, region -wide, as a regional plan for aviation is implemented The good news is that a vast majority of union members live in outlying areas of LA County, not in close proximity of LAX because of housing costs The regional plan, focusing on Ontario and Palmdale airports as well as the re-use of March. Norton, and George Air Force Bases would actually create more jobs than the expansion of LAX and place those jobs in closer proximity of where union members live MWW has long established relationships with the leaders of LA's major unions and will utilize those relationships in developing a dialogue for the union's support of a regional airport plan —MEDIA RELATIONS- MWW will build relationships on behalf of the City of El Segundo with key Los Angeles media outlets. aviation trade, business and national media outlets Media relations will be used as a tool to expand El Segundo's leadership on the establishment of a regional plan and to broaden its voice within LA City politics B\ providing a regular flow of information to the media, MWW will keep the regional plan 'top-of-mind" with key influencers This will be a challenge to light of September 11`h In response to this challenge, a special emphasis will be placed on Los Angeles Times coverage, as well as broadening El Segundo's previous media outreach to include key media in Sacramento and Washington, DC as well as aviation trades. MWW believes that it is important to begin a concentrated outreach effort to publications read within the aviation industry A central part of making the regional plan a reality is the buy -in of the aviation industry itself Targeted outlets will include, but not be limited to Aviation Trades (Air Transport World, Airport Business, Air Cargo News, Cargo Facts, Aviation Daily, FAA Aviation News, Aviation Week & Space Technology, The Weekly of Business Aviation, Airport News, Airport Press - LAX Magazine, plus targeted internal airport publications) Weeklies/Monthlies (LA Business Journal, Business Week, Fortune, Forbes) -3- Dailies (Los Angeles Times, Daily Breeze. Daily News, La Opinion, Long Beach Press Telegram. The Korea Central Daily, San Gabriel Valley Tribune, Pasadena Star News, Glendale News -Press, Antelope Valley Press, Whittier Daily News, Los Angeles Daily Journal, The Press - Enterprise, San Bernardino County Sun, The San Diego Union Tribune, The San Francisco Chronicle. Sacramento Bee, Washington Post, Washington Times, Investor's Business Daily) Newswires, when appropriate (AP, Bloomberg, Dow Jones, Reuters) Business Broadcast and Cable programs (CNBC, CNN, CNNfn, MSNBC, entire first and second tier LA broadcast market) Travel Trades (Jax Fax Travel Marketing Magazine, Travel Trade News Edition, Travel Weekly, Travel World News). MWW will develop specific messages and targets in concert with El Segundo officials MWW will leverage these messages through. Positioning/Message Development. Develop message points and story angles for feature articles about specific regional airport locations and how regional expansion would be accepted in those communities (this will require coordination with other City and County entities) Strategic media placement opportunities. Monitor publications and media for story opportunities to include El Segundo officials in round -up stones. Relationship building. MWW will use its national contacts and cultivate additional media contacts on El Segundo's behalf By -lined articles/Op -eds. MWW will seek editorial opportunities in key publications for opinion - editonals and by -lined articles authored by El Segundo officials Editorial Boards. Once the regional plan has been properly positioned, MWW will coordinate an editorial board with the Los Angeles Times and other key publications to gain their endorsement News Releases. MWW will issue news releases as needed on the LAX Master Plan process, comments by El Segundo officials, regional plan advancement, etc -4- 113 —LA CIVIC AND Bus ESS RELATIONSHIPS- MWW will utilize its long established Los Angeles relationships to provide El Segundo officials with the platform to discuss a regional plan for aviation with key LA civic and business leaders 'Buzz' begets "buzz" By introducing El Segundo officials to key decision makers and making sure that El Segundo officials are seen at the nght events and talk to the right people, a higher level of legitimacy will be established for promoting the regional plan Right now, most LA City insiders view El Segundo as a City of NIMBYs that are simply opposed to the expansion of LAX, without offering a clear and achievable alternative It will be MWW's goal to reverse this image by making the regional plan real and something that business should invest in MWW will target a dialogue with the following LA based organizations Los Angeles Chamber of Commerce Los Angeles Business Advisors Los Angeles County Economic Development Corporation Latin Business Association Central City Association Central City -East Association California Association of Realtors California Small Business Association Chinese Chamber of Los Angeles Great Los Angeles African American Chamber of Commerce Japanese Chamber of Southern California Economic Alliance of the San Fernando Valley VICA Southland Regional Association of Realtors Asian Business Association National Association of Manufacturers National Association of Real Estate Investment Managers (partial list) Additionally. MWW would like to establish a "Regional Airport Working Group" consisting of current and former elected officials, as well as prominent business and civic leaders This group will he brought together to discuss the implementation of a regional approach to passenger and cargo aviation in Southern California By broadening the stakeholders involved in the discussion of a regional airport solution, beyond the core group that opposed the LAX Master Plan, credible voices will be added to the debate and thereby increase the viability of broad acceptance -5- 114 —THE TEAM- MWW's work on behalf of the City of El Segundo will be lead by Harvey Englander and supported by David Herbst and Peter Kelly Team biographies are attached. the following is a brief overview of our qualifications Harvey Englander brings more than 30 years of experience in communications consulting, public relations and political campaigns to El Segundo's work Harvey has distinguished himself as a political heavyweight by electing a number of individuals to the LA City Council, LA County Board of Supervisors as well as to the California State Legislature and the US Congress and Senate Harvey is widely quoted in the media. especially the Los Angeles Times and Los Angeles Business Journal as an authority on the political workings of Los Angeles David Herbst is the former president of the Chamber of Commerce representing the Los Angeles business community that is home to Los Angeles International Airport He also currently serves on the Board of Directors of the Westchester/LAX -Manna del Rey Chamber of Commerce David's experience includes handling investor and public relations for an international aviation services company. Peter Kelly III is the founding partner of Kelly Lytton Mintz & Vann LLP and is the former Chairman of the California State Democratic Party As a political insider and significant force in local elections, Peter has cultivated lasting relationships with members of the Los Angeles City Council as well as members of organized labor Considered one of the top advocates in LA City Hall, Peter's relationships will prove to be vital to El Segundo's efforts. —COST STRUCTURE— The MWW Group proposes a consulting retainer of $200.000 annually, plus expenses, to run for twelve months, for the above outlined scope of work We are prepared to immediately begin work its HARVEY A. ENGLANDER SENIOR VICE PRESIDENT & GENERAL MANAGER LOS ANGELES Harvey Englander brings more than 30 years of experience in communications consulting, public M relations, marketing and political campaigns to The WW Group, including 14 as head of his own firm As a strategic planner for his clients, he-has created and executed numerous successful public relations and public affairs campaigns for a variety of industries Harvey's experience range includes Automotive Banking/Financial/Insurance Business- To- Business/Industnal Communications/Media Computers /Software/Penpherals Development/Real Estate Education Food & Drug r Fumiture/Intenor Design Hardware Health Care Office Equipment Retail Sporting Goods Technology Travel & Leisure Ltilities His strong background in media relations and crisis management, coupled with expernse in public opinion sampling, telemarketing targeted direct mail and grass roots communications has established him as a leader in this highly specialized field A UCLA graduate, Englander began his apprenticeship in public relations at Cerrell Associates in Los Angeles becoming vice president in 1975 In 1977, he became director of public relations for The Jewish Federation Council of Greater Los Angeles. Englander was subsequently recruited by Butcher -Forde Consulting in Newport Beach, California to manage its political operation In December 1980, he formed The Englander Group, specializing in public relations, public affairs, lobbying, and political campaign management His firm grew steadily, serving a variety of business and political clients throughout Southern California. The Englander Group merged with the Washington, D.0 based firm The Kamber Group (TKG) in 1994. In early 1999. Englander re- purchased his firm from TKO and The MWW Group subsequently acquired the firm 11S DAVID A. HERBST SENIOR VICE PRESIOENr LOS ANGELES David A Herbst is Senior Vice President of The MWW Group's Los Angeles Office and is responsible for overall client services Prior to joining The MWW Group. Herbst was Executive Vice President of American Standard Development Company. Herbst's decade long public affairs career is best known for his work as Vice President of Corporate Affairs at Playa Vista, the most significant urban in -fill real estate development underway in the United States, located on the Westside of Los Angeles At Plava Vista, he created and managed the development's corporate affairs division. encompassing the disciplines of public affairs, governmental affairs, environmental and community affairs, as well as emerging business programs. Through his work at Playa Vista, Herbst became known to Southern California radio and television audiences for his effective advocacy in helping the project navigate through the loss of its anchor tenant, DreamWorks SKG, toxic contamination issues as well as numerous judicial actions. He is also credited with developing the team that helped the project secure over $75 million to governmental incentives from the local, state and federal levels Herbst has also served as Director of Corporate Relations for Mercury Air Group, Inc., (AMEX MAX), an international aviation services companies While at Mercury, Herbst created the Company's first investor relations division and secured California's first Airport Exempt Facility Bond. Herbst's background also includes five years leading his own firm where he represented a wide spectrum of clients, including the late Maureen Reagan eldest daughter of former President Ronald Reagan to California Democratic lawmaker Debra Bowen as well as being a part of the consulting team that helped secure Phase I entitlements for Playa Vista Herbst has distinguished himself as a Los Angeles civic leader, serving as one of the County's youngest Chamber of Commerce presidents, when at 27 he represented the business community that is home to Los Angeles International Airport (LAX), the nation's second busiest airport. Currently, he serves on the Board of Directors of the Westchester/LAX -Manna del Rey Chamber of Commerce and the Board of Governors of Otis College of Art and Design. During 1998, Herbst lead the negotiations between the Westchester/LAX Chamber and Manna del Rey Chamber to create today's Westchester/LAX- Manna del Rey Chamber of Commerce, representing over 650 businesses on the Westside of Los Angeles He has also served as the Vice President of the South Bay Association of Chambers of Commerce in Los Angeles County. David is a former member of the Board of Directors of the Center for the Study of Los Angeles at Loyola Marymount University and has served as Honorary Mayor of Westchester/Manna del Rey, California. 117 Interested in community based organizations and initiatives. Herbst served a two -year term as the Chairman of the Board of Managers of the Westchester Family YMCA, which serves more than 6.000 people and is the largest non - profit service organization in the Los Angeles community of Westchester He has also served as a founding member of the LAPD's Community - Police Advisory Board for the Pacific Area. as well as a member of the LAPD's Pacific Area Boosters Association Herbst is an Honorary Member of the Rotary Club of Westchester and a Paul Hams Fellow A graduate of Loyola Marymount University in Los Angeles, Herbst holds a bachelor's degree in political science and is a lifetime member of the National Jesuit Honor Society, Alpha Signia Nu David, his wife, Nathalte, and their daughters, Katherine and Margaret, reside in the Los Angeles community of Westchester The Herbst's are expecting their second child in September )18 PETER 1). KELLY III 1900 Avenue of the Stars, Suite 1450 1 its Angeles, California 90067 Tel (310) 277 -5333 Fax (310) 277 -5953 Peter 1) Kelly III was horn in Pasadena, California on July 30, 1948 After graduating from California State University at Fullerton in 1972 with a B A he attended Southwestern I rovctsd) rci.ervurg his J 1) in 1976. He was admitted to the bar ui Cahfuml8 in 1977 and the District of Columbia in 1979 While at Southwestern University, he was the Lead Articles Editor of the Law Review From 1976 to 1983, Mr Kelly was an Associate and Partner at the law firm of Manatt, Phelps, Rothenberg & 'I unney In 1985, fie started his own law firm, Kelly Lytton Mintz & Vann %vinch he continues to manage to this day In 1998 and '99 Kelly served as Executive Vice President and General Counsel of'l'urbodyne, a public company i lc served on the Board of the 1 urhodync Joint venture with Allied Signal Automotive Kclly is presently the Gcncral Counsel of intemet Revenue Network, a privately held e- commerce company and 13AS Micro Inc, a privately lield computer manufacturer Mr Kelly served ds State Chairman of the California Democratic Party from 1983 -85 and Irom 1987 -89, and as Southern California Chairman from 1981 -83 and from 1985 -87 1 I was it member of the Democratic National Committee from 1983 -85 and again from 1987 -89 Ile served as Finance Chairman of the Carter /Mondale California Presidential Campaign, 1979- 1980, 'l om Bradley for Mayor, 1990-9t, and as a member of the National Finance Board of Directors, Cimtori /Gorr '96 Mr Kelly was a member of the '98 Boxer for Senate Finance Committee Mr Kelly has served on numerous boards and commissions including the Los Angeles County Probation Commission, 1976 -77, State Street Bank of California, 1985 -R9, Los Angeles City Attorney's Airport Committee, 1973, and the Los Angeles Central City Association, 1982 -86 Mr Kelly presently serves as a member of the First African Methodist Episcopal Foundation Ruard (F A M E ) and the Saint John's Health Centerl-oundation Board hr 2001, Kelly was twined Cali forma State University Alumnus of The Year Ile has been widely published, is a lrcqueut lecturer on a wide variety of gnvernnicnt and political matters and frequently serves as a television commentator on political affairs Mr Kelly is married to Karla Ann Ingraham and they have one daughter, Caitlin Ruse Kelly has ,{ ctcpddughtet, Mercduh t effomge, and five godchildren 1IQ SEP 14 2M 4ir R oFF,q MEMORANDUM TO: EL SEGUNDO CITY COUNCIL ATTENTION: THE HONORABLE MIKE GORDON, MAYOR FROM: GERRY WARBURG, SENIOR VICE PRESIDENT SONYA CLAY, ASSOCIATE CASSIDY & ASSOCIATES DATE: SEPTEMBER 7, 2001 RE: CONTRACT EXTENSION SUMMARY Per your request, Cassidy & Associates proposes the following scope of work both for completion of efforts on the Douglas Street Gap Closure appropriation and expansion of our work to cover critical airport issues impacting the City of El Segundo SCOPE OF WORK Cassidy & Associates proposes to continue and expand our work with the City of El Segundo over the course of the next 12 calendar months to address the following important initiatives- Completion of efforts to secure Fiscal Year 2002 Douglas Street Gap Closure appropriation; 2 Completion of efforts to secure funding release for federal funds related to construction on the Douglas Street Gap Closure project; 3 Coordination with relevant congressional offices regarding grant release, public announcements, and support as the project moves forward, 4 Proactive monitoring of House and Senate legislation related to airport expansion, t ^0 5 Recommendations to the City Council of alternative strategies for reducing danger of LAX expansion, 6 Coordination with all relevant California Delegation offices on strategy for supporting development of non -LAX southern California airport resources, 7 Coordination with similarly affected communities and their congressional delegations in other regions of the United States, 8 Recommendations on initiatives that could be proposed by the El Segundo City Council or the California Delegation to maximize the impact of southern California's concerns on airport issues, 9 Recommendation of appropriations strategies on transportation issues to advance the City of El Segundo's goals; 10 Active lobbying of appropriations issues related to development of non -LAX airport resources; 11 Coordination of opposition to certain provisions of S. 633 and H.R 2107, which could undermine local control, including the rights and prerogatives of the City of El Segundo; and, 12 Other As members of your team in Washington, we will aggressively pursue every opportunity to make manifest the City of El Segundo's concerns on airport issues We will also work with the City, the Pentagon and relevant congressional policymakers on issues related to Los Angeles Air Force Base real estate We propose to be an extension of your City officials and staff in Washington to cover all issues related to these appropriations measures, airport issues, and development policies impacted by the federal government We will also be available to the City as needed in relation to possible other federal funding issues, including wastewater treatment and economic development. We will report to the City of El Segundo regularly regarding ongoing activities and proposed initiatives that we would like to see the City advance The chief point of contact for this work will be Gerald Warburg, Senior Vice President, who coordinates all Cassidy & Associates' California work Other team members will include Sonya Clay, Associate, who has extensive experience working with California Democrats in Washington; and Valerie Osborne, Vice President, who has substantial experience Z 121 working with Republican members of Congress and the appropriations committees We propose to proceed under the same terms as our previous engagement This can be accomplished through a simple contract amendment to cover the same terms for a 12 -month period, to begin on October 1, 2001 through September 30, 2002, billed monthly. 3 P 9'9 DENNY ZANE: Urban Dimensions STRATEGIC SERVICES, PUBLIC AFFAIRS & COMMUNICATIONS 506 5anta Monica Blvd, Ste 223, Santa Monica, CA 90401 310 - 895.6767 PHONE 310 - 899 -6765 FAX Proposed Workplan for the City of El Segundo October — November, 2001 1. Mayor Hahn Plan for LAX Monitor developments in Mayor Hahn plan for LAX; assess implications for El Segundo and the region as details emerge; develop and manage press inquiries and response; maintain consultation with local and regional allies and constituencies 2. LAX hearings Develop El Segundo position and presentations; mobilize communities and constituencies to participate; prepare release of strategic studies. 3. Federal and State issues Monitor developments on state and federal level that effect LAX planning; consult with El Segundo lobbyists; prepare responses as determined; mobilize regional coalition on state and federal issues; build /participate in state and national coalition to assure desired outcome on legislation or regulatory or airport funding Issues 4. Southern California Monitor developments and directions of SCRAA; develop Regional Airport Authority proposals for action; work to encourage SCRAA staff and board to consider our recommendations; facilitate activities in whatever way appropriate. 5. Regional Coalition Continuing education and outreach to regional coalition to Development maintain common directions and build additional participants. 6. Press and Media Outreach Work to maintain Interest of press and media in LAX issue and El Segundo -and regional coalition leadership; prepare opeds for publication in local media; schedule 7. Work with Shute Mihaly Continue consultation with Shute Mihaly Weinberger on key Weinberger LAX Issues as needed }*�3 REPORTS - CITY CLERK 17 Announcement reminding Council and the public that due to the Statewide election being held on Tuesday, November 6, 2001, the next regular meeting of the City Council will be held on WEDNESDAY, NOVEMBER 7, 2001 17 114. EL SEGUNDO CITY COUNCIL MEETING DATE: October 16, 2001 AGENDA ITEM STATEMENT AGENDA HEADING: Reports — Council Members AGENDA DESCRIPTION: Resolution to withdraw from the Southern California Cities Consortium Joint Powers Agency ( "SCCC ") and Resolution to join the South Bay Cities Standing Committee on Energy ( "SBCSCE "). MENDED COUNCIL ACTION (a) Adopt Resolution withdrawing from the SCCC; (b) Approve City's participation in the SBCSCE and adopt Resolution_ joining the SBCSCE, (c) Appoint Council Member John G. Gaines as delegate to the SBCSCE and Mayor Mike Gordon as alternate. BACKGROUND & DISCUSSION: The SCCC is a joint powers agency formed by nine local cities to reduce the costs of providing municipal services through combined bargaining and purchasing power for electrical, gas and water services. On November 21, 1995, the City of El Segundo City Council approved the City's membership in the SCCC, and on November 29, 1995 entered into Contract 2425, entitled Joint Powers Agreement of the Southern California Cities Consortium. The city's delegates have been Council Member John Gaines and alternate Mayor Mike Gordon. Recently, it has been difficult to obtain a quorum at SCCC board meetings due to lack of attendance by member cities, not including El Segundo. Primarily the group has worked on electricity deregulation- related issues. With the energy crisis threatening electric service reliability and the overall economic health of the South Bay cities, on July 24, 2001, the City of Redondo Beach formed the SBCSCE This committee will work on energy crisis- related issues in order to explore options available to South Bay cities to minimize the impact of the energy crisis on their communities and to recommend to their respective City Council appropriate positions, policies, communication or actions related to the energy crisis. ATTACHED SUPPORTING DOCUMENTS' SCCC Joint Powers Agreement, Resolution CC- 0107-61 of the City of Redondo Beach, Resolution withdrawing from the SCCC, Resolution joining the SBCSCE FISCAL IMPACT: N/A ORIGINATED DATE: October 4, 2001 Council Member John G Gaines 195 JO COw111101WI Ag nem- vnnM.al 6"m SCCCpm SBCSCE 10 i Execution Copy As of 318195 JOINT POWERS AGREEMENT SOUTHERN CALIFORNIA CITIES CONSORTIUM po iti-Aa ?,425 12(o �%'I OF tL� c ND1f 2 #2r, MY OF ni S"GUM AGREEMENT This Agreement ( "Agreement "), is trade and entered into pursuant to Section 6500 gt M, of the Government Code, as amended from time to time ( "Act "), and other applicable laws, by and between the following public entities WITNESSETH The parties hereto agree as follows Section 1 Recitals This Agreement is made and entered into with respect to the following facts (a) That each member city ( "City ") is located on the Westside and in the South Bay area of the County of Los Angeles, and (b) That each City has determined by and through its legislative body to enter into an agreement to create a separate public entity pursuant to the provisions of the Act of the purposes set forth herein and desires that such separate public entity have the powers provided herein in connection with such purpose, and (c) That the legislative body of each of the Cities has independently determined by resolution that the public interest, convenience and necessity require the execution of this Agreement by and on behalf of the said City. Section 2 Creation of Separate Legal Entity It is the intention of the Cities to create, by means of this Agreement, a separate legal entity within the meaning of Section 6503 5 of the Act Accordingly, there is hereby created a separate legal entity which shall exercise its powers in accordance with the provisions of the Act, as herein provided, other applicable laws and this Agreement (hereinafter "Agency ") Section 3 Name The name of the Agency shall be "Southern California Cities Consortium" Section 4 Pulpose of Agency The purpose of the creation of the Agency is to provide an additional means for the Cities to improve the quality or reduce the costs of providing municipal services, including electrical, gas and water services, of all member -2- 127 Cities, or any combination thereof Such means include, but are not limited to, combined bargaining and buying power of member Cities in all areas of purchasing; monitoring and promoting legislative actions which could or would promote or advance said powers; any powers set forth in this Agreement; and any programs, projects or actions approved or authorized from time to time by the governing body of the Agency ('Board of Directors" or "Board ") Section S Creation of Board of Directors There is hereby created a Board of Directors which shall conduct the affairs of the Agency The Board of Directors shall consist of one (1) director from each City ( "Director ") The legislative body of each of the Cities shall designate its Director and alternate Directors, which may include elected officials Section 6 Board of Directors Functions (a) Votin Except as expressly otherwise provided in this Section 6, each Director on the Board shall be entitled to cast one (1) vote on any matters pending before the Board. A Director must be physically present at the meeting of the Board to cast a vote. (b) Participation of Alternate Directors An alternate Director of a City may participate in the proceedings of the Board only in the absence of such City's regular Director Such alternate Director shall be deemed to be a Director for all purposes under this Agreement. (c) Ouan3m A quorum of the Board shall consist of not less than a majority of all Directors (d) Committees As needed, the Board may create permanent or ad hoc advisory committees, to give advice to the Board on such matters as may be referred to such committee by the Board Each such committee shall remain in existence until it is dissolved by the Board Qualified persons, which may include Directors, shall be'appointed to such committees by the Board and each such appointee shall serve at the pleasure of the Board. (e) Action Actions taken by the Board shall be by not less than a majority affirmative votes of the Directors attending the meeting of the Board, unless by a provision of this Agreement, the Bylaws or applicable laws, a higher number of votes is required to carry a particular motion. (f) Protect Votes Voting regarding any matter relating to a Project (as defined in Section 20) shall be as provided in a Project contract between the Agency and the participating Cities. -3- Qt Lt I FVZ.L RA 25 ?R Irn(W ru STUN" Section 7 Common Powers The Agency shall have, and exercise the following powers (a) All of those powers available to jomt powers entities pursuant to the Act, other applicable laws and this Agreement; and (b) All implied powers necessary to perform its purposes, and (c) The power to enter into agreements as may be necessary for any legal purpose of the Agency I - Such powers shall be exercised in the manner provided in Section 6509 of the Government Code, subject only to the restrictions in the manner of exercising such powers as are imposed upon the City of Culver City in the exercise of similar powers Section 8 Duties of the Board The Board shall be deemed, for all purposes, the policy making body of the Agency All of the powers of the Agency, except as may be expressly delegated to others pursuant to the provisions of this Agreement or resolutions of the Board or by other specific authorization of the Board, shall be exercised by and throueh the Board The Board shall exercise its power only in a manner consistent with the provisions of the Act, other applicable laws and this Agreement Section 9 Roberts Rules of Order The substance ofRoberts Rules of Order shall apply to proceedings of the Board, except as may otherwise be provided in this Aereement, the Bylaws, resolutions of the Board or applicable laws Section 10 Meetings of Board The Board shall by resolution establish the dates and times of regular meeungs of the Board The location of each such meeting shall be as directed by the Board All meetings of the Board shall be held subject to the provisions of the laws of the State of California requiring notice of meetings of public bodies to be given in the manner provided in such laws Section 11 Election of Chair and Vice -Chair Except as otherwise provided in this Section 11, annually at its first regular meeting of each calendar year the Board shall select one of its Directors to hold the position of Chatr of the Agency and a second Director of the Board to hold the position of Vice -Chair of the Agency The Chair shall be the chairperson of the Board and shall conduct all meetings of the Board and perform such other duties and functions as required of such person by this Agreement, the Board and the Bylaws The Vice -Chair shall serve as Chair in the absence of the Chair and shall perform such duties as may be required by this Agreement, the Board and the Bylaws The first organizational meeting of the Board shall be within 30 days following the execution of this Agreement by at least five Cities At such organizational meeting, thy,..,Mc41 T, -a. 242 129 crt nF n! MUMMY Board shall elect the Chair of the Board and the Vice -Chair of the Board, for terms expiring on the date of the first regular meeting of the Board held in the following calendar year If there is a vacancy, for any reason, in the position of Chair or Vice - Chair, the Board shall forthwith conduct an election and fill such vacancy for the unexpired tern of such prior incumbent The Chair, the Vice- Chair, the Treasurer and the Auditor, to the extent such officers' duties and responsibilities pursuant to the Act require, are designated as the public officers or persons who have charge of, handle, or have access to any property of the Agency, and each such officer shall file an official bond with the Board in the amount of 3100,000 Section 12 Designation of Treasurer and Auditor The Board shall designate or contract with a qualified person to act as the Treasurer for the Agency and a qualified person to act as the Auditor of the Agency. No person who is a Director or alternate Director of the Board shall be eligible to hold the position of Treasurer or Auditor The compensation, if any, of the persons holding the offices of Treasurer and Auditor shall be as set by the Board Section 13 Duties of Treasurer and Auditor (a) Treasurer The person holding the position of Treasurer of the Agency shall have charge of all funds to which the Agency is entitled The Treasurer shall perform such other duties as may be imposed by applicable laws, including those duties described in Section 6305 and Section 6505.5 of the Government Code, the Bylaws and such duties as may be required by the Board There shall be strict accountability of all funds and reporting of all receipts and disbursements of the Agency. (b) Auditor The Agency's Auditor shall perform such auditing functions as may be required by the Act, the Bylaws, applicable laws, or this Agreement Seaton 14 Designation of Other Officers and Etgplovees The Board may employ, upon such terns as it deems appropriate, such other officers or employees as it deems appropriate and necessary to conduct the affairs of the Agency. The Board may appoint a qualified person to serve in the position of General Manager of the Agency. The General Manager shall perform such duties as may be imposed upon that person by this Agreement, the Bylaws, other applicable laws, and resoluuons of the Board No person shall be eligible to hold office as an officer or employee of this Agency while such person is an employee or officer of an organization doing business with this Agency. No person shall be eligible to be an employee of this Agency within two years following a term of office as an elected or appointed official of a member City C�ll� iiyw�j -S- 24 2; 134 ri i 1 (IF f1! S'_6UW Section 15 Obligation of Aamcv The debts, liabilities and obligations of the Agency shall not be the debts, liabilities or obligations of any of the Cities No City shall be responsible, directly or indirectly, for any obligation, debt or liability of the Agency, except as such City may formally approve by specific action of its legislative body or by execution of a Project Contract (as provided in Section 20) and as otherwise provided by Section 895.2 of the Government Code, as amended from time to time, regarding negligent or wrongful acts or omissions occurring in the performance of this Agreement Section 16 Control and Investment of Agency Funds The Board shall adopt from time to time a policy for the control and investment of its funds and shall require strict compliance with such policy The policy shall comply, in all respects, with all provisions of applicable laws and shall be transmitted annually to each City Seaton 17 Term The Agency created pursuant to this Agreement shall continue in existence until such time as this Agreement is terminated, provided however, this Agreement cannot be terminated unless all indebtedness of the Authority is paid in full or adequate provisions have been made for such payment as determined by the Board Tlus Agreement may not be terminated except by an affirmative vote of two - thirds of the Directors of the Board Section 18 Apolrcation of Laws to Agency Functions. The Agency shall comply with all applicable laws in the conduct of its affairs, including, but not limited to, the Ralph M Brown Act (Section 54950 pt M., of the Government Code, as amended from time to time) Section 19 Withdrawal New Parses to the Agreement (a) Withdrawal from Agency Any City may withdraw from this Agency upon the following conditions (i) by filing with the Board at a regular or special meeting a certified copy of a resolution of its legislative body expressing its desire to so withdraw, and (ii) if the Agency, prior to the Sling of such resolution, shall have incurred any obligation payable from contributions, payments or advances, which obligations mature after the date of sucn filing, the withdrawing City shall have paid, or made arrangements satisfactory to the Board to pay, to the Agency the withdrawing City's pro rata portion of such obligation Upon compliance with the preceding provisions of this Section 19 (a), the withdrawing City shall no longer be considered a member City for any reason under this Agreement and its rights and obligations under this Agreement shall terminate Withdrawal by a City shall not affect the remaining Cities nor shall it affect any other obligation of the withdrawing City under any contract between such City and the Agency A withdrawing City shall not be entitled to the return of any funds or other assets belonging to the Agency Cviti A Rnv 1, Zit 2 r 131 -6- ,l i l OF n_ rmin ) (b) New Patties New parties may be admitted to the Agency upon an affirmative vote of not less than a majority of the Directors of the Board attending the meeting, provided that such proposed new parry is it public entity whose jurisdiction lies within, and/or immediately adjacent to, the boundaries of the County of Los Angeles. Admission to membership shall be subject to such terms and conditions as the Board may deem appropriate or as set forth in the Bylaws Section 20 Projects Established by Board Consistent with the purpose of the Agency as set forth in Section 4, the Board may approve any activity, program or -other undertaking as a project of the Agency ( "Project ") Any two or more Cities may participate in any Project by executing a contract between the Agency and each participating City ( "Project Contract ") Each Project Contract shall provide, among other things, the manner by which Project costs shall be paid and each participating City's obligation to make payments with respect to such Project costs Section 21 Contributions. Payments. Advances and Use of Public Funds and Prooem, The Cities shall, in accordance with applicable law, make such contributions, payments and advances to the Agency as are approved from time to time by the Board and subject to the provisions of Section 15 of this Agreement Any City which fails to make or pay when due any required contribution, payment or advance to the Authority, may have its rights under this Agreement terminated and may be excluded from participation in the Agency. Any such City shall continue to be liable for its oblications under any contract with the Agency and for any unpaid contribution, payment or advance approved by the Board prior to such City's exclusion and not objected to b} such City by written notice to the Agency within thirty (30) days after such approval The Agency shall be empowered to utilize for its purposes, public and/or private funds, property and other resources received from the Cities and/or from other sources Subject to the approval of the Board, each City shall participate in the funding of the Agency in such a manner as the Board shall prescribe, subject to the provisions of Section 15 of this Agreement Where applicable, and authorized by resolution, the Board may permit one or more of the Cities to provide in kind services, in lieu of devoting cash to the funding of the Agency's activities Section 22 Issuance of Bonds The Board shall be permitted to issue bonds or other evidence of indebtedness pursuant to the provisions of the Act and/or airy other applicable laws Notwithstanding the provisions of Section 15 of this Agreement to the contrary, a City that is a party to this Agreement may, in such manner as is permitted by applicable laws, guarantee or otherwise financially participate with the Agency in issuing bonds or other evidence of indebtedness only if such guarantee or other financial participation is expressly approved by that City's governing body. Ciwt A tint±)! 242` 132 i l � ! fir 1Z' S'rmann i� Section 23 Disposition of Assets Upon termination of this Agreement, after the payment of all obligations of the Agency, any assets remaining shall be distributed to the then member Cities in the manner determined by the Board in accordance with this Agreement, the Act and other applicable laws. Section 24 Liability Insurance. Except as otherwise determined by the Board, any Lability insurance obtained for the Agency shall name each of the Cities as additional insureds Section 25 Amendment Subject to any requirements of law, including Section 6573 of the Government Code, as amended from time to time, this Agreement may be amended at anytime with the written consent of all of the then parties hereto The withdrawal, exclusion or addition of new parties to this Agreement shall not constitute an amendment or modification of this Agreement for purposes of this Section 25 Section 26 Administrative Costs It is the intent of the signatory to share administrative costs of the Agency, equitably, based on the percentage of each City's population to the total combined population of all member Cities Section 27 Council Approval Required For Obligation of Funds Notwithstanding the provisions of Sections 19(a), 21, 22, and 26 of this Agreement, no member City shall be obligated to pay or reimburse any contributions, payments, advances, administrative costs, or debts incurred by the Agency or any of its member Cities unless prior approval of such payment or reimbursement is given by the City Council of the Member City Section 28 Effective Date The effective date of this Agreement shall be the date upon which at least five (5) Cities have executed and delivered this Agreement This Agreement may be executed in any number of counterparts All such counterparts shall be deemed to be ongrnals and shall together constitute but one and the same instrument. That the members of this Agency have caused this Agreement to be executed on their behalf, respectively, as follows CITY OF By Mayor DATE OF EXECUTION // —. 9 4;.5 -a- Civlv.w 24 2' 133 � f►r rn �'rttrinn ,, . ATTEST City Clerk DATE OF EXECUTION ATTEST CITY OF By CITY OF By City Clerk Mayor DATE OF EXECUTION ATTEST CITY OF By: City Clerk Mayor DATE OF EXECUTION ATTEST CITY OF By City Clerk Mayor DATE OF EXECUTION Mayor ATTEST CrrY OF By City Clerk Mayor _y. 242" 134 r;:Y Mz rn r-niminn DATE OF EXECUTION -10. 135 RESOLUTION NO. CC- 0107 -61 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDONDO BEACH, CALIFORNIA, JOINING OTHER SOUTHERN CALIFORNIA CITIES IN FORMING THE SOUTH BAY CITIES STANDING COMMITTEE ON ENERGY (SBCSCE) WHEREAS, California is experiencing severe energy price Increases, shortages and rolling blackouts, and WHEREAS, the energy crisis threatens electric service reliability and the overall economic health of the state and each city within the state; and WHEREAS, legislative and regulatory alternatives are being proposed, analyzed and discussed dally at the state level, and WHEREAS, local governments can best serve their communities by being Informed and Involved with legislative and regulatory decisions that will affect the local area, and by collectively exploring local resources, alternatives, potential solutions and opportunities, and WHEREAS, local governments can develop and implement area wide programs for conservation, energy efficiency, low Income assistance, aggregation and can qualify for state and federal energy funding programs, and WHEREAS, the City believes there is value in forming the SOUTH BAY CITIES STANDING COMMITTEE ON ENERGY in order to explore options available to South Bay cities to minimize the impact of the energy crisis on their communities and to recommend to their respective City Councils appropriate positions, policies, communication or actions related to the energy crisis NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF REDONDO BEACH, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1 That the City Council of the City of Redondo Beach hereby approves the establishment of the South Bay Cities Standing Committee on Energy (SBCSCE) and authorizes the City to participate as a member The City Council will appoint a delegate and an alternate to the SBCSCE by minute action for the purpose of representing the City's interests within the SBCSCE The delegate and alternate shall keep this Council informed of such matters on a timely basis. SECTION 2 The Mayor, City Manager, City Clerk and all other officers of the City are hereby authorized and directed to take all actions and do all things necessary or desirable hereunder with respect to the formation of said committee RESOLUTION NO CC- 0107.61 ' FORMING SOUTH BAY CITIES STANDING COMMITTEE ON ENERGY PAGE 1 1 .46 SECTION 3 The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions PASSED, APPROVED AND ADOPTED this 241" day of July'2001 Gregory C Hill, Mayor ATTEST STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) SS CITY OF REDONDO BEACH) I, Sandy Forrest, City Clerk of the City of Redondo Beach, California, do hereby certify that the foregoing Resolution No- CC-0107 -61 was duly approved and adopted by the City Council of thb City of Redondo Beach at an adjourned regular meeting of said Council held on the 24th day of July, 2001, by the following roll call vote AYES Sullivan, Gin, Scbmalz, Parsons NOES None ABSENT Bisignano ABSTAIN None Sandy F st, City Clerk 'APPROVED AS TO FORM: RESOLUTION NO CC -0107{1 FORMING SOUTH BAY CITIES STANDING COMMITTEE ON ENERGY PAGE t -47 City of Redondo Beach July 24,'2001 TO FROM: City Council Greg Hill, Mayor i Resolution Joining So Bay Cities Committee on Energy SUBJECT: Resolution Forming the South Bay Cities Standing Committee on Energy RECOMMENDATION: It is recommended that the City Council: 1 Adopt the following Resolution by title only. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDONDO BEACH JOINING OTHER SOUTHERN CALIFORNIA CITIES IN FORMING THE SOUTH BAY CITIES STANDING COMMITTEE ON ENERGY (SBCSCE) 2. Appoint Mayor Greg Hill as the delegate to the SBCSCE and Council Member John Parsons as alternate for purposes of representing the City's interest within the SBCSCE EXECUTIVE SUMMARY: Several South Bay Cities are forming the SBCSCE in order to provide a forum for members to research and discuss opportunities for our cities to address the energy crisis from a local perspective. Delegates would regularly advise their respective councils on energy related activities discussed by the SBCSCE. The Resolution has been approved as to form by the City Attorney The City of Torrance adopted a similar resolution at their July 17 meeting Submitted by: GREG HILL Mayor i3$ RESOLUTION NO. _ A RESOLUTION ADOPTED BY THE EL SEGUNDO CITY COUNCIL WITHDRAWING THE CITY FROM THE SOUTHERN CALIFORNIA CITIES CONSORTIUM JOINT POWERS AGENCY ( "SCCC "). The City Council of the city of El Segundo does resolve as follows. SECTION I The City Council finds and declares as follows A The Southern California Consortium ( "SCCC ") is a Joint powers agency formed by nine local area cities to reduce the costs of providing municipal services through combined bargaining and purchasing power for electrical, gas, and water services, B The City Joined the SCCC on November 21, 1995; C Section 19 of the SCCC's Joint Powers Authority Agreement allows any member of the SCCC to withdraw its membership after filing a certified copy of a resolution expressing the City's desire to withdraw; and D It is no longer in the public interest for the City to continue as a SCCC member SECTION 2: That the City of El Segundo withdraws from membership in the Southern California Cities Consortium Joint Powers Agency ( "SCCC ") SECTION 3 The City Manager, or designee, is directed to file a certified copy of this Resolution with the SCCC to effectuate the City's withdrawal pursuant to Section 19 of the SCCC Joint Powers Authonty Agreement SECTION 3 This Resolution will become effective immediately upon adoption. PASSED AND ADOPTED this _ day of 2001. Mike Gordon, Mayor RESOLUTION FO WITHDRAWING CITY FROM SO CALIF CITIES CONSORTIUM JOINT POWERS AGENCY PAGE NO I 1jq ATTEST Cindy Mortesen, City Clerk APPROVED AS Mark D He tt0 By Karl H. Berger, Assistant City rr RESOLUTION NO WrTHDRAWING CITY FROM $O CALF CMES CONSORTIUM JOWT POWERS AGENCY PAGE NO Z 140 RESOLUTION NO. _ A RESOLUTION ADOPTED BY THE EL SEGUNDO CITY COUNCIL TO JOIN THE SOUTH BAY CITIES STANDING COMMITTEE ON ENERGY ( "SBCSCE "). The City Council of the city of El Segundo does resolve as follows- SECTION 1 The City Council finds and declares as follows• A California faces unprecedented energy challenges and severe electricity supply shortages, I B Legislative and regulatory alternatives are being proposed, analyzed, and discussed daily at the state level, C Local governments can best serve their communities by being informed and involved with legislative and regulatory decisions that will affect the local area, and by collectively exploring local resources, alternatives, potential solutions and opportunities, D Local governments can develop and implement area wide programs for conservation, energy efficiency, low income assistance and aggregation, and can qualify for state and federal energy funding programs E It is in the public interest for the City to become a member of the South Bay Cities Standing Committee on Energy ( "SBCSCE ") in order to explore options available to South Bay cities to minimize the Apact of the energy crisis on our communities and to recommend appropriate positions, policies, communication or actions related to the energy crisis SECTION 2 That the City of El Segundo joins the South Bay Cities Standing Committee on Energy ( "SBCSCE ") as a member SECTION 3 The City Council will appoint a delegate and an altemate to the SBCSCE by minute action for the purpose of representing the City's interests within the SBCSCE. The delegate and alterrfhte will keep the City Council informed of such matters on a timely basis. SECTION 3 The Mayor, City Manager, City Clerk, and all other officers are authorized and directed to take all actions and do all things necessary or desirable with respect to the City's SBCSCE membership SECTION 3 This Resolution will become eVective immediately upon adoption RESOLUTION NO JOIN THE SOUTH BAY CITIES STANDING COMMITTEE ON ENERGY PAGE NO 1 14' PASSED AND ADOPTED this _ day of 2001. ATTEST. Cindy Mortesen, City Clerk APPROVED AS Mark D Henslov Karl H Berger, Assistant City E Mike Gordon, Mayor RESOLIMON NO JOIN THE SOITIH BAY CITIES STANDING COMMITTEE ON ENERGY PAGE NO 2 1 90)