2001 SEP 04 CC PACKETG �Y 0
CSEG�3�Q AGENDA
1
EL SEGUNDO CITY COUNCIL
COUNCIL CHAMBERS - 350 Main Street
The City Council, with certain statutory exceptions, can only take action upon properly posted and listed agenda items
Unless otherwise noted in the Agenda, the Public can only comment on City- related business that is within the jurisdiction of the
City Council and/or items listed on the Agenda during the Public Communications portion of the Meeting Additionally, the
Public can comment on any Public Hearng 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 Playmg 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 America us 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, SEPTEMBER 4, 2001 - 5:00 P.M.
Next Resolution # 4222
Next Ordinance # 1339
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 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 Gov't Code §54957 (Personnel), and/or conferring with the City's Labor Negotiators as
follows
�' i
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Gov't Code §54956 9(a))
I Phillips Petroleum, et al, v County of Los Angeles, et al., USDC No 1938 -MRP (MANx)
2 Shell Chemical Company, et al v County of Los Angeles, et al, USDC No 1917 -GHK (RCx)
3 Jeffrey Capistran v El Segundo, LASC Case No YC 038535
4 El Segundo v Trio Manufacturing, LASC Case No YC038567
5 El Segundo v James Van Loben Sels, et al, LASC Case No BS051651
6 El Segundo v South Bay Regional Public Communication Authority, LASC Case No YC040688
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 tine), Initiation of litigation pursuant to Gov't Code §54956 9(c) -6- 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) — Real property
negotiations with Mary Strenn, Real Property Negotiator, regarding the lease or purchase of Lots 10,11,12,
13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23 and 24, of Tract No 47247, City of El Segundo, County of Los
Angeles, State of California as per map recorded in Book 1143, pages 20, 22 and 23, of maps in the office of
said County (also known as the Ralph's property)
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AGENDA
EL SEGUNDO CITY COUNCIL
COUNCIL CHAMBERS - 350 Main Street
The City Council, with certain statutory exceptions, can only take action upon properly posted and listed agenda items
Unless otherwise noted in the Agenda, the Public can only comment on City- related business that is within the jurisdiction of the
City Council and/or items listed on the Agenda during the Public Communications portion of the Meeting Additionally, the
Public can comment on any Public Hearing item on the Agenda during the Public Hearing portion of such item The 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, SEPTEMBER 4, 2001 - 7:00 P.M.
Next Resolution # 4222
Next Ordinance #_1339
7:00 PM Session
CALL TO ORDER
INVOCATION — Father Jim Anguiano, Saint Anthony Roman Catholic Church
PLEDGE OF ALLEGIANCE — Mayor Pro Tem Sandra Jacobs
PRESENTATIONS -
(a) Proclamation proclaiming September 4, 2001 as the 25' Anniversary of AYSO in El Segundo, and,
Commendation to AYSO Area 1 -D and Area Director Danny Juarez for their service to the
community and for the fine publicity they have brought to our city
(b) Proclamation declaring Saturday, September 15, 2001 as the 2001 American Heart Walk - LA South
Bay /Gateway to encourage support for the life- saving work of the Amencan Heart Association
(c) Commendation to Chevron for hosting the 10th Annual School Pride Day in El Segundo and all
participants who volunteered their time and effort to spruce up our schools
ROLL CALL
PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit per person, 30
minute limit total) Individuals who have received value of 950 or more to communicate to the City Council on behalf ofanother, 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
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 -
Presentation of the fiscal year 2001 -2002 Capital Improvement Program recommendations by
Mr Mike Rotolo, Chairman of the Capital Improvement Program Advisory Committee
Recommendation — Receive the CIPAC recommendations for consideration for the fiscal
year 2001 -2002 budget.
2 Public Hearing to discuss FY 2001 -2002 Preliminary Budget and Five -Year Capital
Improvement Plan
Recommendation —
(a) Conduct Public Hearing;
(b) Close or Continue the Public Hearing to September 18, 2001; and
(c) Schedule budget for adoption at the September 18, 2001 meeting.
C. UNFINISHED BUSINESS —
Presentation of redesigned city web site
Recommendation — Receive and file the presentation by City Web Committee.
D. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS —
4 Risk Management Organizational Study and implementation
Recommendation —
(a) Receive and file Risk Management Organizational Study.
(b) Approve option of Combination of In- House /Contracted Risk Management
(Fiscal impact $15,000 additional ongoing personnel costs; $65,000 one -time
professional services).
04
(c) Authorize settlement authority to the Risk Manager for claims to $10,000 and to
the City Manager between $10,000 and $25,000. Claims above $25,000 would
need City Council approval.
(d) Establish a pilot program of using outside counsel for defense of simple tort
claims. Guidelines and methods for measurement will be brought back for
Council review,
Award of contract to Belaire -West Landscape, Inc, for Washington Park Improvements —
Prolect No PW 01 -02 — Approved Capital Improvement Project (contract amount option 1 =
$135,000 or option 2 = $270,000)
Recommendation — Award contract for option 2 and authorize the City Manager to
execute the contract on behalf of the City.
E. CONSENT AGENDA
All items listed are to be adopted by one motion without discussion and passed unanimously If a call for
discussion of an item is made, the item(s) will be considered individually under the next heading of business
Warrant Numbers 2519560- 2519844 on Register No 22 in total amount of $725,681 00, and
Wire Transfers in the amount of $270,645 27
Recommendation - Approve Warrant Demand Register and Authorize staff to release.
Ratify: Payroll and Employee Benefit checks; checks released early due to contracts or
agreements; emergency disbursements and /or adjustments; and wire transfers from
08/11/01 to 08/24/01.
City Council meeting minutes of August 21, 2001
Recommendation - Approval.
8. Approval of Agreement with the Regents of the University of California to provide continuing
education for Emergency Medical Technicians (EMTs) and defibrillation training Fiscal
Impact $26,000
Recommendation — Approve Services Agreement and authorize the City Manager to
execute.
Adopt plans and specifications for the rehabilitation of Sanitary Sewer Pump Station No 6 —
Project No PW 01 -12 —Approved Capital Improvement Project (estimated cost=
$397,635 00)
Recommendation — Adopt plans and specifications and authorize staff to advertise the
project for receipt of construction bids,
10 Approve formal City Council opposition to S 633 and H R 2107
Recommendation — Authorize staff to prepare necessary correspondence for the
Mayor's signature stating the City Council's opposition to S. 633 and H.R. 2107.
05
11 Request for proposals to retain professional services for various public works projects (Fiscal
Impact— none at this time)
Recommendation — Authorize staff, conditional upon approval by Council, to solicit
proposals from firms which specialize in various disciplines related to public works
projects.
12 Request for approval to accept a Bureau of Justice Assistance Local Law Enforcement Block
Grant awarding $16,941 in grant funding with a $1,882 cash match from Asset Forfeiture
Recommendation — Approve request.
CALL ITEMS FROM CONSENT AGENDA
F. NEW BUSINESS —
13 Staff to seek City Council direction regarding the acquisition of land for recreational purposes
from Thomas Properties
Recommendation — Direct staff to negotiate for the acquisition of land in an area
bounded by Mariposa Avenue, Douglas Street, Atwood Way and Nash Street for
recreational purposes.
G. REPORTS - CITY MANAGER - NONE
H. REPORTS — CITY ATTORNEY - NONE
L REPORTS - CITY CLERK - NONE
J. REPORTS - CITY TREASURER - NONE
K. REPORTS - CITY COUNCIL MEMBERS
Council Member McDowell - NONE
Council Member Gaines —
14 A request has been received for Council to send a letter to Senator Debra Bowen on
behalf of the Southern California Cities Joint Powers Consortium relating to an
amendment to SB 27XX to provide an opportunity for community aggregators to
receive direct access priority and the option to undertake direct access with reduced or
eliminated exit fees The amendment would assist the Consortium in implementing a
community aggregation program providing better electricity service and rates to
constituents
Recommendation — Discussion and possible action.
Council Member Wernick - NONE
Mayor Pro Tern Jacobs - NONE
06
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 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
MEMORIALS
CLOSED SESSION
The City Council may move into a closed session pursuant to appheable law, including the Brown Act
(Government Code Sec 54960, et seg ) 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 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 m , September 4, 2001 under "Closed
Session" (if needed)
REPORT OF ACTION TAKEN IN CLOSED SESSION (if required)
ADJOURNMENT
POSTED )
DATE
TIME- / �S
NAME
090401ag
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POTENTIAL CONFLICTS IN MATTERS ON SEPTEMBER 4, 2001 AGENDA
Agenda Item #9 - Adopt plans and specifications for the rehabilitation of Sanitary
Sewer Pump Station No 6 — Project No. pw 01 -12 — Approved Capital
Improvement Project (estimated cost = $397,635.00). — Mayor Gordon has a
potential conflict.
Agenda Item #13 - Staff to seek City Council direction regarding the acquisition
of land for recreational purposes from Thomas Properties. — Council Member
Wernick has a potential conflict.
There are no other potential conflicts on agenda items
mb /n /conflicts for agenda
EL SEGUNDO CITY COUNCIL MEETING DATE: September 4, 2001
AGENDA ITEM STATEMENT AGENDA HEADING: Special Orders
Of Business
AGENDA
Presentation of the fiscal year 2001 -02 Capital Improvement Program recommendations
by Mr Mike Rotolo, Chairman of the Capital Improvement Program Advisory Committee
(CIPAC)
RECOMMENDED COUNCIL ACTION-
Receive the CIPAC recommendations for consideration for the fiscal year 2001 -02
budget
BACKGROUND AND DISCUSSION'
The CIPAC has received Capital Improvement Project requests from City staff and the
general public These requests were discussed at the Committee's meetings during
March, April and May of 2001
The CIPAC has now submitted its recommendations for Capital Improvement Projects
for City Council consideration of funding in fiscal year 2001 -02
ATTACHED SUPPORTING DOCUMENTS
FISCAL IMPACT: None
Capital Improvement Project
Operating Budget.
Amount Requested:
Account Number
Project Phase.
Appropriation Required:
ORIGINATED BY. Date:
AUG 2 9 mi
PW-COUNCIL OBISEPTEMBER 04 05 (Tuesday 08128/07 4 00 P M ) 1
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EL SEGUNDO CITY COUNCIL MEETING DATE- September 4, 2001
AGENDA ITEM STATEMENT AGENDA HEADING: Special Order of Business
AGENDA DESCRIPTION:
Public Hearing to discuss FY 2001 -2002 Preliminary Budget and Five -Year Capital
Improvement Plan
RECOMMENDED COUNCIL ACTION'
> Conduct Public Hearing,
Close or Continue the Public Hearing to September 18, 2001, and
➢ Schedule budget for adoption at the September 18, 2001 meeting
BACKGROUND & DISCUSSION'
The Preliminary FY 2001 -2002 Preliminary Operating and Five -Year Capital Improvement
Budget were distributed to Council on August 4, 2001 The FY 2001 -2002 budget
process began on May 16, 2001 with the budget kickoff for staff Departments were
given budget instructions and specific guidelines as directed by the City Manager
On July 16, 2001, the City Council held a Strategic Planning Session with the City
Manager and all department heads. During this planning session, the City Council
reviewed departmental projects and established priorities and set the general direction for
the next fiscal year Projects were added or deleted based on the priority established
together by the City Manager, all departments, and the City Council
ATTACHED SUPPORTING DOCUMENTS:
FISCAL IMPACT. Discussion to Adopt FY 2001 -2002 Preliminary Operating
and Five -Year Capital Improvement Budget
Operating Budget
Amount Requested:
Account Number:
Project Phase.
Appropriation required:
ORIGINATED'
Bret M Plumlee, Director of Finance
BY,
Date:
S /L z/o�
Z21j
2
J
DISCUSSION (CONTD).
The budget Impact of any new projects is Included in the FY 2001 -2002 Preliminary
Budget
On July 17, 2001 the City Council reviewed the status of FY 2000 -2001 revenues and
expenditures compared to budget and approved revenue and appropriation assumptions,
which are included in the FY 2001 -2002 Preliminary Budget On August 21, 2001 a
budget workshop was held to discuss the budget in detail The final steps in the process
are a public hearing on September 4, 2001 and final budget adoption on September 18,
2001
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EL SEGUNDO CITY COUNCIL MEETING DATE: September 4, 2001
AGENDA ITEM STATEMENT AGENDA HEADING: Unfinished Business
AGENDA DESCRIPTION:
Presentation of redesigned city web site
RECOMMENDED COUNCIL ACTION:
Receive and file the presentation by City Web Committee
BACKGROUND & DISCUSSION:
Late last year a city wide staff Web Committee was formed to see what could be
done to improve functionality and design of the City's Web Site.
(Continued on page two )
ATTACHED SUPPORTING DOCUMENTS:
None
FISCAL IMPACT:
Operating Budget: None
Amount Requested: None
Account Number:
Project Phase:
Appropriation required:
ORIGINATED: DATE: 8/24/01
Lee Robinson, Information
Systems Manager
Bret Plumlee, Finance Director
REVIEWED BY: DATE:
Z<��_
Mary Str 2r City Manager
3
II
BACKGROUND & DISCUSSION (Continued):
The committee began by reviewing many city sites and selecting the best Ideas
that were observed to be incorporated into El Segundo's site Goals for the site
were set and included such things as ease of navigation, consistent look and
feel, and fast loading From this a strategic plan was created along with sample
pages The committee reviewed the strategic plan with the City Council
Technology Subcommittee, and met with potential web site developers, and
selected Idyll Mountain Internet to help prepare a site specification
Information Systems staff in conjunction with the Web Committee, the
Technology Subcommittee, and Idyll Mountain Internet has now completed the
non - interactive portion of the site, with emphasis on improved design and
functionality of the site This portion presents to the visitor a wealth of information
about the city and activities that are available Some forms and documents are
available and more will be added over the next few weeks
Staff is simultaneously working with Idyll Mountain Internet to develop interactive
features over the next three to six months Some of the features will include
Online searching of the Library catalog system by the end of September
Electronic forms submission in the late September to early October time
frame
• Online registration for Recreation and Parks activities
We will add more interactive functionality as we learn more about the needs of
the community
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EL SEGUNDO CITY COUNCIL MEETING DATE: September 4, 2001
AGENDA ITEM STATEMENT AGENDA HEADING: Committees, Commissions, and Boards
AGENDA DESCRIPTION'
Risk Management Organizational Study and Implementation
RECOMMENDED COUNCIL ACTION:
Receive and file Risk Management Organizational Study
Approve option of Combination of In- house /Contracted Risk Management
(Fiscal Impact $15,000 additional ongoing personnel costs, $65,000 one-
time professional services)
Authorize settlement authority to the Risk Manager for claims to $10,000
and to the City Manager between $10,000 and $25,000 Claims above
$25,000 would need City Council approval
> Establish a pilot program of using outside counsel for defense of simple
tort claims Guidelines and methods for measurement will be brought
back for Council review
BACKGROUND & DISCUSSION:
In FY 1999 -2000, City Council formed an ad hoc subcommittee consisting of
Council Member McDowell, Council Member Gaines, the City Manager, City
Attorney, and Director of Finance to analyze the risk management and city
ATTACHED SUPPORTING DOCUMENTS:
Risk Management Organizational Study
FISCAL IMPACT* FY 2001 -2002 Adopted Budget $80,000
Operating Budget:
Amount Requested,
Account Number:
Project Phase.
Appropriation required:
$0
$80,000
2501.4101 $15,000; 2501 -6214 $65,000
Approve In- house /Contracted Risk Management
Approve funding through adoption of FY 2001 -2002
Budget
Kelly McDowell, City Councilman
John Gaines, City Councilman
n, City Manager
8/28/01 11 19 AM T
BACKGROUND & DISCUSSION (CONTD):
attorney functions The primary objective of the subcommittee was to analyze
ways to improve the efficiency of the risk management function in the most cost
effective way
The City Council approved entering into an agreement with Armtech to evaluate
the risk management function and ways it could be improved The subsequent
study was completed and is attached to this report
Armtech Report Summary:
Armtech's report contained three risk management staffing options for the City to
consider
3 Staffing Options
Option 1 Reclassify an Existing Position
Description
This approach would utilize the services of an existing staff member to work as a
full -time Risk Manager
This option would be the easiest to implement by reclassifying an existing
position, however, it would not be possible without severely impacting existing
operations Another problem with this option is that the City would not have the
experience of either a full -time on -site risk management professional or the
supplement of a risk management specialist by contract
This option is not recommended either by the subcommittee or by
Armtech.
Option 2 Hire a Risk Manager
Description
This approach would require the City to hire a full -time Risk Manager as an
employee of the City
This is Armtech's recommendation. The benefit of this option is that the City
would have the services of an experienced, on -site Risk Manager to rely on for
organizing and directing its risk management functions This option would
address many of the recommended areas of improvement identified in Armtech's
report One person would be assigned the responsibility for program
8128/01 11 25 AM
3 4
management and coordination, which would reduce the possibility of loss
exposure or gaps in Insurance protection Other areas a full -time Risk Manager
could Improve Include Identrlylng risk, risk financing, loss prevention, and claims
management
Additionally, In this option and In the next one, the time spent on risk
management by the City Manager, Director of Finance, Purchasing Agent,
Human Resources Manager, and the City Clerk would be reduced or eliminated
One example is this position would have the ability to handle tracking compliance
of contracts and relieve the City Clerk's office of this administrative task
One disadvantage of this option Is the requirement to hire an additional position
at an estimated cost of over $110,000 Including salary and benefits
Additionally, staff feels many of the areas of Improvement Identified In Armtech's
report can be addressed by the reorganization proposed In option three
Option 3 Combination of In- House /Contracted Risk Manager
Description
This approach would utilize the services of an existing staff member to handle
administrative risk management duties and use a contracted Risk Manager to
assist the City in specific areas of risk management such as coverage analysis,
risk financing decisions, and safety program oversight The City's In -house
employee would be responsible for administering the remaining aspects of the
risk management program The employee would report to the Director of
Administrative Services
This is the subcommittee's recommendation.
Armtech's report also made the following recommendation
Increase staff settlement authority on claims to the Risk Manager for claims up to
$10, 000 and to the City Manager for claims between $10, 000 and $25, 000
Claims above $25,000 would need City Council approval
The City Manager currently has claims settlement authority up to $5,000 Claims
in excess of $5,000 require City Council approval Having the City Manager
review claims under $5,000 consumes valuable time relative to the significance
of the decisions Furthermore, the $5,000 threshold is rather low for submitting
claims to City Council for approval In Armtech's experience with other cities, it is
typical for risk managers to have settlement authority to $10,000 and the City
Manager to $25,000 For claims excess of $25,000, the City Council approves
the claim
8/28/01 11 25 AM 15
Subcommittee Recommendations:
Based on the Armtech report and staff analysis over the past year, the
subcommittee is now making the following recommendations to the City Council
1. Approve combination of /n- house/Contracted Risk Management.
Both the subcommittee and staff feel the existing decentralized risk management
function has room for improvement Some of this improvement will occur with
the consolidation of the Administrative Services Department For example, the
Human Resources staff under the direction of the Human Resources Manager
has administered the Worker's Compensation program for the City and will
continue to do so directly under the Director of Administrative Services beginning
October 1, 2001
The Purchasing Agent and Director of Finance have been working on
establishing Professional Services Agreement procedures, which address vendor
contractual compliance while considering the level of risk exposure. Additionally,
both positions have received risk management training through a combination of
seminars, ICRMA board meetings, ICRMA University classes, in -depth interviews
with both the Liability and Worker's Compensation Third Party Administrators,
and risk management literature over the past two years
The subcommittee's recommendation is to reclassify the Purchasing Agent
as Risk Manager /Purchasing Agent and supplement the risk management
function by entering into an agreement with a risk management
professional If the City Council approves, staff will return to the City Council
with a lob description for the reclassified position and will issue a request for
proposal for risk management professional services Additionally, the currently
vacant Account Technician position would be charged with the responsibility of
supporting both purchasing and risk management functions
With this recommendation, the subcommittee and staff feels many of the areas
identified in the Armtech report that need improvement such as approve liability
claims up to a preset amount, risk financing decisions, review of insurance
clauses in contracts, determination of insurance required by contractors,
insurance purchasing for property and all city programs, claims management,
safety program oversight, and Risk Management Committee staff support can be
addressed Many of these duties are currently assumed in other positions such
as Director of Finance, City Clerk and City Manager
The risk management professional will be responsible for training in -house staff
and completing a scope of services identified in a Request for Proposal designed
to strengthen the nsk management function The risk management professional
would supplement in -house staff for a one -year period After one year, the scope
8/28/01 11 25 AM 16
would be greatly reduced to assisting in -house staff on improving one or two
specific risk management programs
The risk management function will be evaluated over a one -year period, and a
progress report will be made to the City Council at the end of the first year
2. Increase staff settlement authority on claims to the Risk Manager for
claims up to $10,000 and to the City Manager for claims between $10,000
and $25,000. Claims above $25,000 would need City Council approval.
The subcommittee and staff concur with this recommendation identified in the
Armtech report As stated above, current staff level authority is very low
compared to other cities Increasing the staff level authority for settling claims
will save money by reducing time spent by the City Attorney's office on non -
litigated cases
3. Establish a pilot program of using outside counsel for defense of simple
tort claims. Guidelines and methods for measurement will be brought back
for Council review.
Staff will develop a pilot program of using outside counsel for defense of simple
tort claims and develop guidelines for measurement The guidelines will also
address specifically which types of high risk or precedent - setting cases will not
be outsourced The objective of using the outside firms to litigate certain types of
cases is to provide the City with the most cost effective formula for litigating
cases
8128/01 11 25 AM
17
I DD�
ECH
CITY OF EL SEGUNDO,
CALIFORNIA
RISK MANAGEMENT
ORGANIZATIONAL STUDY
May 11, 2001
23701 Blrtcher Drive, Lake Forest CA 92630-7783 (949) 472 -8324 • FAX (949) 472 -9228 • www armtech com
Independent Consultants V'. • � ' 16
19
p D
ECH
May 11, 2001
819 -001
City of E1 Segundo
Finance Department
350 Main Street
El Segundo, California 90245 -3895
Arm Mr Brett Plumlee
RISK MANAGEMENT ORGANIZATIONAL STUDY
On behalf of the ARM Tech audit team, we are pleased to submit the Risk Management
Organizational Study
Activities leading to this report have included
• Interviews with key risk management personnel, the City Manager, City
Clerk, City Attorney, City Council member and claims administrators
• Review and analysis of the City's risk management functions and staffing,
benchmarkmg data from other cities, and the ICRMA claims administration
audit
• Review of a summary of insurance policies, budget information, loss
summaries, fob descriptions and other pertment data supplied by the City
Work on this project was directed by Steven P Kahn Peter F 7unker led the field work
and analysis of risk management organization Michael M Kaddatz provided peer review
23701 e,rrcher Drive Lake Forest CA 92630 -7783 (949) 472 -8324 • FAX (949) 472 -9228 • www ormtech com
Independent Consultants 20
We appreciate the opportunity to assist the City and thank personnel involved in this
project for their participation and support
Respectfully submitted,
ADVANCED RISK MANAGEMENT TECHNIQUES, INC
B1( �� _ By
Steven P Kahn, CPCU, ARM Peter F Junker,
Managing Director Semor Consulta
MMK/PFJ pem
C 1EM=205egundo 5 -11 -01 wpd
11
21
4F)VAN('F7) (?I',V NALN CNIT TC(`LJNI nlirc ini�
TABLE OF CONTENTS
I Executive Summary
II Program Costs
A Cost of Risk
B Benchmarking — Workers Compensation
C Benchmarkmg — Liability
III Risk Management Organization
A, Structure
B Staffing
C Placement
D Objectives
I`' Tasks And Support Systems
A Claims Administration
B Loss Control .
C Management Reports
iii
a,DVANCED RISK MANArGNAPNIT t Nt el
I
3
3
6
8
13
13
18
19
20
21
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22
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I. EXECUTIVE SUMMARY
The purpose of this study is to evaluate the City's alternatives for organizing the risk
management function to obtain best results The major subjects of our analysis included
• Program costs
• Risk management organization
• Tasks and support systems
Our most important findings and recommendations are summarized below
Program Costs
The property, liability and workers compensation programs now cost about $1 7 million
total per year, or 3 0 % of the operating budget This cost, usually referred to as the "cost
of risk" (COR), includes insurance premiums, self - insured losses and all directly related
administrative expenses By comparison, for public entities with similar operations, the
COR usually ranges from 2.0% to 3.5% of the operating budget.
The cost of City workers compensation claims per $100 of payroll increased 73.5 % from
the 1995 - 1997 period to the 1997 - 1999 period. This increase was greater than the
increase for the same periods for the cities of Manhattan Beach, Hermosa Beach, Redondo
Beach, Arcadia and Chmo (referred to herein as the benchmark cities)_ The greatest
increase for these cities was 55.7%
The City's average workers compensation claims cost increased 123.3 % from the 1995 -
1997 period to the 1997 - 1999 period This increase was also greater than the increase for
the same periods for the benchmark cities The next highest increase in the benchmark
cities was 55.2%
The number of workers compensation claims per 100 employees decreased by 9.5% for
the City from the 1995 - 1997 period to the 1997 - 1999 period This decrease was greater
than that of the benchmark cities The next largest decrease was 5 7 %
Risk Management Organization
The City distributes risk management functions among eight employees in different
departments and three outside contractors While risk management is performed, no one
person is assigned responsibility for program management and coordination. This approach
1
23
LF�A /4N('PF) R11,V MANIA(,7t\A - NIT Tt- r' W NIIr)IICC INI(�
could cause the City to be unaware of loss exposures and /or have a gap in insurance
protection
It is apparent that the average workers compensation cost per claim is high compared to
the benchmark cities (see Table 11-2, "2 Average Cost per Claim") Liability litigation
expenses for the period from 7/1/93 to 6/30/98, ranged from 519 to 679 of reported
incurred losses (see Table III -3) The usual range is from 25 9 to 30 % of incurred losses
The most effective way for the City to manage its risk and the related costs is to have an
experienced Risk Manager on staff
*� We recommend the City consider hiring a full -time experienced Risk-
Manager.
Risk managers most often report to an administrative services, human resources or finance
department director The most common placement is in the finance department Many risk
management decisions have significant financial considerations Having the Risk Manager
report to the Director of Finance will fit in nicely with the City's reorganization plan to
move Human Resources (where the workers compensation administration functions now
are) to this area as well
We recommend that the City's risk management function be consolidated
under the Director of Finance
Tasks and Support Systems
The City Manager has claims settlement authority up to $5,000 Claims in excess of
$5,000 require City Council approval Having the City Manager review claims under
$5,000 consumes valuable time relative to the significance of the decisions. Furthermore,
the $5,000 threshold is rather low for submmmittmg claims to City Council for approval
In our experience with Southern California cities, it is not uncommon for city managers
to have settlement authority ranging from $25,000 to $100,000 before having to submit
claims to City Council. Typically, the Risk Manager has authority to $10,000, and the City
Manager to $25,000 For claims excess of $25,000, the City Council approves the claim
We recommend the City consider giving senlemem authority to the Risk
Manager for claims to $10, 000 and to the City Manager for claims between
$10,000 and $25,000. Claims above $25,000 would need City Council
approval.
The recommendations in this chapter are detailed in the body of the report. The report
should be,read in its entirety to obtain a complete understanding of our findings
2
24
��VANC F� RISk NAaNlLrGNnG-NIT inir,
It. PROGRAM COSTS
Managing risk is an ongoing process Monitoring the COR provides important feedback
on how successful a risk management program is and where changes are indicated
A. COST OF RISK
COR is a concept that attempts to quantify and tabulate the amounts expended on risk
treatment methods Mayor risk cost elements are
1 Insurance Premiums. Amounts paid to commercial insurers or risk
retention pools
2 Self - Insured Losses. Losses paid under deductibles, self - insured retentions
or from incidents simply not covered by insurance
3 Administration. Administrative expenses include contractor in-house staff
expenses and related overhead associated with claims adjusting, loss
prevention and financial management of risks
4 Indirect Risk Costs. These are secondary expenses that arise as a result of
losses incurred Examples of indirect costs are
• A supervisor's time spent filling out accident reports
• Overtime wages or additional employee costs necessary to replace
the productivity of an employee lost to an injury
In this report, we concentrate only on the direct COR (the fast three items above) Indirect
costs are virtually impossible to tabulate Note, however, that experts have estimated
indirect risk costs at anywhere from two to ten times the direct cost of losses incurred
Since indirect risk costs are a function of losses, measures taken to reduce losses in the
first place are the best way of reducing all risk costs, direct and indirect
3
25
4DV4NCED RISK MANAr�FMFNT TFf NNIInllI :Q Ini r,
Table 11-1 tabulates the estimated direct COR for the City The City's 2000 direct COR
is about $1.7 milhon This is 3 0% of the City's operating budget ($57.2 million) For
comparison, the COR of small -to- medium -sized California cities with which we are
familiar usually ranges between 2 0 % and 3 5 % of the operating budget The City's COR
is in the upper end of this range
Table 11 -1
2000 Cost of Risk
Insurance Premiums'
a Liability
$211,000
a Workers Compensation
25,000
a Property
16,000
Subtotal
$252,000
Self- Insured Losses (including ALAO
a Liabdny'
$500,0001
a Workers Compensation'
800,000
a Property
0
Subtotal
$1,300,000
Administration
a Risk Management'
$100,000
a Third -Party Administrators'
60,000
a Safety Consultant'
20,000
Subtotal
$180,000
OR
$1,732,000
Operating Budget"'
$57,230,000
COR Compared to Operating Budget
3.0%
Notes
1 Obtained from "Fiscal Year 2000 -2001 Preliminary Operating Budget "
2 ARM Tech estimate of losses, based on five -year loss summaries provided by Colen & Lee An actuarial study
was not done by ARM Tech
3 ARM Tech estimate of losses, based on five -year loss summaries provided by CIPRA An actuarial study was
not done by ARM Tech
4 ARM Tech estimate of administration expenses based on a percentage of salary and benefits for employees with
risk management responsibilities
5 Total estimated expenditures for the City for 2000 - 2001 less Total Debt Service Funds, Equipment
Replacement and Capital Improvement Funds
4
26
A��daNCr=7 RIO)K MANIAr- rNA;:NIT TGr t- rNllr,iicC InIel
Graph 11-1 illustrates the breakdown of the City's COR by expense type The priman goal
of a risk management program is to reduce an organization's COR and achieve an
optimum balance between premiums, self - insured losses and administration costs
By far, the largest factor driving the City's COR is self - insured losses Losses account for
over 75 % of the COR With retentions as high as $400,000 per loss. a single large loss can
increase the COR by 23% ($400,000 — $1,700,000 = 23 %) This highlights the
importance of managing risk at the City through loss prevention, clauns management and
overall management, such as would be provided by a Risk Manager
Losses
75
$1,3C
Total Risk Cost
$1,732,000
Graph II -1
2000 COR by Expense Type
5
namimstration
104%
$180,000
Insurance Premium
145%
$252,000
27
ADVr.NCED RISK MANAC;rMFNT TF('uNiC-)Hi:Q INI(�
B. BENCHMARKING - WORKERS COMPENSATION
Table II -2 compares the City's workers compensation loss rate per $100 of payroll, the
average cost per claim and the number of claim per 100 employees to those of the
benchmark cities The benchmark cities were chosen by the City
Table II -2
Workers Compensation Benchmarking
1. Loss Rate per $100 of Payroll
City
1995-1997
1996-1998
1997-1999
(A) El Segundo
$1 96
$2 71
$340
(B) Hermosa Beach
2.84
4.17
4 04
(C) Manhattan Beach
2.12
2.58
330
(D) Redondo Beach
2.83
2.63
4.23
(E) Arcadia
1 77
1.54
1.36
(F) Chino
2.37
2.33
2.96
(G) All cities [average for cities (A)
through (F) above]
$232
$2.67
$3.22
2. Average Cost per Claim
City
1995-1997
1996-1998
1997-1999
(A) El Segundo
$4,985
$7,308
$11,131
(B) Hermosa Beach
4,968
7,674
7,709
(C) Manhattan Beach
4,744
5,644
7,162
(D) Redondo Beach
6,646
6,694
8,652
(E) Arcadia
5,642
4,931
4,695
(F) Chino
6,858
7,232
9,596
(G) All cities [average for cities (A)
through (F) above]
$5,641
$6,581
$8,158
131
28
4DV4- NCED RISK NA At\IArFNAr:N1T TGr�unI In 1 117 0 1 KID
3. Number of Claims per 100 Emnloyees (Incident Rate)
City
1995-1997
1996-1998
1997-1999
W El Segundo
1416
13.93
12.81
(B) Hermosa Beach
20.22
1961
19.06
(C) Manhattan Beach
14.21
13.77
1410
(D) Redondo Beach
11 10
11 78
11 73
(E) Arcadia
12.00
11.87
11.77
(F) Chino
11.58
10.74
1151
(G) All cities [average for cities (A)
through (F) above]
13.88
13.62
13.50
The logs rate per $100 of payroll increased by 73.5°% from the 1995 - 1997 period to the
1997 - 1999 period for the City During this same period, the loss rate increased 42 3 %
for Hermosa Beach, 55 7% for Manhattan Beach, 49.5°% for Redondo Beach and 24 9%
for Chino The loss rate for Arcadia actually decreased by 23.2 % during this same period.
These numbers indicate that the City's loss rate is increasing at a higher rate than that of
its benchmark partners
The average cost per claim increased by 123.3 % from the 1995 -1997 period to the 1997 -
1999 period for the City During this same period, the average claim cost increased 55.2 %
for Hermosa Beach, 51.0% for Manhattan Beach, 30.2% for Redondo Beach and 39 9%
for Chino The average cost per claim for Arcadia decreased by 16 8 % during this same
period These numbers indicate that the City's average claim cost is also increasing at a
higher rate than that of its benchmark partners.
The number of claims per 100 employees decreased 9.5 % from the 1995 - 1997 period to
the 1997 - 1999 period for the City During this same period, the number of claims
decreased 5.7 % for Hermosa Beach, 0 8 % for Manhattan Beach, 1.9 % for Arcadia and
0 6 % for Chino The incident rate for Redondo Beach increased by 5.7 % These numbers
indicate that the City's incident rate is decreasing at a higher rate than that of its
benchmark partners
While the City is doing a good fob of reducing the number of workers compensation
claims, claim costs continue to rise The support of the City Council and senior staff
together with increased staff attention will assist in isolating cost increases and
implementing mitigation efforts
7
29
�,DVANCED RISK MANAC;FMFNT TF� Nrv�i�iiF� in)^
C. BENCHMARKING - LIABILITY
Table H -3 compares the City's liability loss rate per $ 100 of payroll, the average cost per
claim and the number of claims per 100 employees to those of the benchmark cities
We benchmarked the City's liability losses against six other cities selected by ARM Tech
All of the benchmark cities either have or have had risk managers Liabiht} loss data is
not public information. There is no central source from which to draw this information and
most cities consider the information to be confidential We selected cities we believe to be
comparable That is, they have police and fire departments, and can be compared to the
City by size
Table II -3
Liability Benchmarking
1 Total Reported Incurred Losses
City
1996-1998
1997-1999
1998-2000
(A) El Segundo
$1,131,338
$986,275
$409,314
(B) City 1
1,936,702
1,638,450
527,188
(C) City
1,149,174
1,064,624
365,335
(D) City 3
3,933,102
3,420,076
3,494,552
(E) City 4
6,559,646
4,625,895
2,881,962
(F) City 5
1,232,707
2,051,830
2,079,896
(G) City 6
2,038,229
2,505,782
2,312,906
(H) Total
(A) . (G)
$17,980,898
$16,292,932
$12,071,153
Note 1996/98 is for claims reported 7/1/96 through 6/30/98 and valued at 6/30/00
All data is valued at 6/30/00, except City 1, which is valued 12/31/99 (the late ;t date
available), and El Segundo, which is valued as of 12/31/00
K
JO
=and /O nl(� -7) DICt! tvli NI A(`CAACNIT Tr:("LJKiirli irc^ ini�
2 Total Number of Reported Claims
City
1996-1998
1997-1999
1998-2000
(A) EI Segundo
73
69
62
(B) City 1
249
236
157
(C) City 2
261
294
266
(D) City 3
385
344
267
(E) City 4
662
653
635
(F) City 5
323
292
227
(G) City 6
499
532
502
(H) Total
(A). (G)
2,452
2,420
2,116
Number of Employees
City
1996-1998
1997-1999
1998-2000
(A) El Segundo
638
677
720
(B) City 1
2,047
1,931
1,804
(C) City 2
2,320
2,549
2,695
(D) City 3
2,323
2,256
2,303
(E) City 4
4,123
4,038
4,072
(F) City 5
1,874
1,849
1,889
(G) City 6
2,837
2,722
2,708
(H) Total
(A) ... (G)
16,162
16,022
16,191
w
31
4'I`V4NCED RISK MANAGFMFNT TF:rHNIICIlIGC IN (�
4 Total Pavroll (000s)
City
1996-1998
1997-1999
1998-2000
(A) El Segundo
$33,797
$36,816
$39,776
(B) City 1
65,348
67,936
70,207
(C) City 2
91,480
96,385
100,299
(D) City 3
105,562
107,451
107,279
(E) City 4
120,555
123,507
126,548
(F) City 5
74,848
78,451
82,996
(G) City 6
83,760
87,758
91,511
(H) Total
(A).. (G)
$575,350
$598,304
$618,616
Loss Rate ter $100 of Payroll
City
1996-1998
1997-1999
1998-2000
(A) El Segundo
$3.35
$2.68
$1.03
(B) City 1
2.96
2.41
0.75
(C) City 2
1.26
1.10
0.36
(D) City 3
3.69
3.18
3.26
(E) City 4
5 44
3.75
2.28
(F) City 5
1 65
2.62
2.51
(G) City 6
243
2.86
2.53
(H) Average
(A). .(G)
$2.97
$2.66
$1.82
Note Loss Rate — Total Incurred Losses , Total Payroll x 100
10
32
LVDV4NCf F) Pl';V NAANAi;GNACNIT TCr`uNiirniircn t � ( .
6 Average Cost per Claim
City
1996-1998
1997-1999
1998-2000
(A) El Segundo
$15.498
$14,294
$6,602
(B) City 1
7,778
6,943
3,358
(C) CIN 2
4,403
3,621
1,373
(D) City 3
10,216
9,942
13,088
(E) City 4
9,909
7,084
4,539
(F) City 5
3,816
7,027
9,163
(G) City 6
4,085
4,710
4,607
(H) Average
(A) ... (G)
$7,958
$7,660
$6,104
Note Average Cost Per Claim — Total Incurred Losses -. Number of Reported Claims
7 Number of Claims per 100 Employees (incident Rate)
City
1996-1998
1997-1999
1998-2000
(A) El Segundo
11.44
10.19
8.61
(B) City 1
12.16
12.22
8.70
(C) City 2
11 25
11.53
9.87
(D) City 3
16.57
15.25
11.59
(E) City 4
1606
16.17
15.59
(F) City 5
17.24
15.79
12.02
(G) City 6
17.59
19.54
18.54
(H) Average
(A) ..(G)
14.62
14.38
1213
Note Incident Rate — Number of Reported Claims , Number of Employees
I1
33
`DVLNCED RISK (\!IAN/-v(:�E:NACNIT TGr`UNltr-�iiE70 inf/�
Information in the tables indicates
1 The City's loss rate has dropped from higher than average to lower than
average
2 The City's average cost per claim is about twice the average of the
benchmarking cities for earlier years, but only slightly higher for the most
recent period The City has identified four large claims that have impacted
the average cost of claims
3 The City's incident rate has remained favorable throughout the period
shown
Because City loss data is valued as of December 31, 2000, and most of the loss data of
other cities is valued as of June 30, 2000, comparisons for the period 1998 - 2000 may be
misleading
12
34
Aj'�\aNC'Fr1 I?I1 lV \AAN�4(,CwiCNIT Tr: r�un1Inii7"c ini�
111. RISK MANAGEMENT ORGANIZATION
This chapter examines the City's organizational structure, staffing. placement and
objectives
A. STRUCTURE
We compared the risk management organs attonal structure of El Segundo to the
benchmark cities, as shown in Table III -1
Table 111 -1
Structural Comparisons
Full- Service includes Police, Fire, Public Works, Streets & Traffic, Parks and Recreation, and Sewer & Water
The City's operating budget is greater than that of Manhattan Beach, Arcadia and Hermosa
Beach, but lower than Redondo Beach and Chino. Although the City's statistical population
is lower than the other cities in Table HI-1, its daytime population is greater than all of
13
35
AD``AN= 21SK MANAGEMENT TFr PNIC)iIGC IN1r�
Full -Time
Risk
Workers
Operating
Full-
Risk
Management
Comp. Claims
City
Budget
Population
FTEs
Service'
Manager
Support Staff
Handling
EI Segundo
$57
16,000
365
Yes
No
2
Third-part,
million
(80,000
(70 Police)
administrator
davnme)
(65 Fire)
(TPA)
Hermosa
$194
19,631
134
Yes
Yes
1
TPA
Beach
million
(38 Police)
(21 Ftrel
Mannattan
$50
34,000
250
Yes
Yes
0 5
TPA
Beach
million
(63 Police)
(30 Fire)
Redondo
$757
67,638
462
Yes
Yes
05
TPA
Beach
million
(106 Police)
(67 Fire)
Arcadia
$264
52,000
304
Yes
Yes
1
TPA
million
(104 Police)
(57 Fire)
Chino
S80
67,500
254
Yes
Yes
1
TPA
million
(85 Police)
(Contract
Fire)
Full- Service includes Police, Fire, Public Works, Streets & Traffic, Parks and Recreation, and Sewer & Water
The City's operating budget is greater than that of Manhattan Beach, Arcadia and Hermosa
Beach, but lower than Redondo Beach and Chino. Although the City's statistical population
is lower than the other cities in Table HI-1, its daytime population is greater than all of
13
35
AD``AN= 21SK MANAGEMENT TFr PNIC)iIGC IN1r�
them The number of City FTEs is only exceeded b} the number of FTEs at Redondo
Beach
All the benchmark cities provide police services and all but one provide fire services
(Chmo sub - contracts this service) All the benchmark cities also provide public works and
sewer services Most of the benchmark cities provide parks and recreation, and water
services
The significant difference between the City and its benchmarkmg partners is hoA the
benchmarking partners organize their risk management department
The City's risk management functions are divided among various internal positions and
outside firms Table 111 -2 outlines how risk management duties are distributed
Table 111 -2
Current Risk Management Responsibilities
Position /Firm
Risk Management Responsibility
Director of Finance
Risk financing decisions, review contracts
and determine type and amount of insurance
required
Human Resources Manager
Oversee workers compensation program
Southern California Risk Management
Associates
Administers workers compensation claims
City Attorney
Defense of litigated cases, claim review
Colen & Lee
Administer liability claims
City Manager
Approve liability claims to $5,000
City Council
Approve liability claims exceeding $5,000
Individual Departments and Consultant
Loss control /safety
Purchasing Agent
Insurance purchasing/contract administration
City Clerk
Track contract and compliance requirements
Risk Management Committee (City
Attorney, City Clerk and City Council
Member)
Periodically review risk management topics
14
AD\I'LiIICED RISK MANI A(`,: -NALNT Ttr'LjN11r1IIrC' I K I �
The primar} objective of risk management is to minim, a and stabilize the COR As
4 discussed in Chapter 11, the primary components of COR are premiums, losses and
administration expenses The risk management activities required to keep these
components at a minimum are described below
D Risk Identification. This process involves identifying operations that could
lead to an accidental property, liability or workers compensation loss
Changes in operations or special use permits, contract awards and new
equipment or property must be brought to the City's attention timely so that
appropriate action can be taken
The current decentralized risk management approach could conceivably
lead to significant information being reported late or not at all
Risk Financing. This process involves providing appropriate protection
against the risk of catastrophic loss to the City Once the City's risks have
been identified, risk management expertise is needed to determine proper
coverage and limits to adequately protect the City against such loss
exposures Awareness of alternative risk financing options will further
assist the City in m,n,m, zing its costs
By not having an experienced Risk Manager on staff, the City might not be
aware of all its risk financing options
Loss Prevention. This process involves activities designed to prevent or
m,n,mne losses The City is exposed to the first $400,000 of every liability
loss and the first $250,000 of each workers compensation loss Since losses
account for 75% of the City's COR, loss prevention should be a top
priority
The City has a safety committee that is chaired by a safety consultant. Each
City department has a representative on the committee The purpose of the
committee is to coordinate OSHA mandated safety training, resolve general
safety issues and address specific needs The safety consultant also inspects
City facilities on an annual basis along with managers from the Building
Safety, Fire Prevention and Building Maintenance Departments. Analysis
of workers compensation claims is done by the Human Resources
Department.
Claims Management. This process involves making sure that clamis are
handled promptly, effectively and efficiently in order to min mi a the
ultimate cost The City's workers compensation claims are handled by a
third -party administrator (TPA) The City also utilizes the services of a
15
` 37
4',,DV -^ NrFIF) P10,V NAAn{1-1(,c�ACNIT TCr`uNiir-NiirC' I K t r
contract City Attorney, or an outside law firm, to defend litigated cases As
noted in Chapter 11, the City has the highest average cost per claim
compared to the other cities in the workers compensation benchmarking
survey This statistic is somewhat attributable to the City's high
concentration of safety employees An experienced Risk Manager could
help find solutions to reduce these costs
The City also utilizes a TPA to handle its liability claims A Cm Attorney,
or an outside law firm, provides defense of litigated cases There is some
concern among senior City officials that the allocated loss adjustment
expenses (ALAE), the amount paid for defense of its claims, is much
higher than it should be As Table III -3 following indicates, the City 's
liability ALAE ranges from 51% of total incurred losses to 67% for the
period from 7/1/93 - 6/30/98 (1998 - 2000 was not used because losses are
too new and not fully developed). The usual range for this expense item is
between 25% and 30% of incurred losses The City's experience greatly
exceeds this range
Table 111 -3
Allocated Loss Adjustment Expense
as a Percentage of Reported Incurred Losses
Fiscal Year
ALAE
Reported
Incurred Losses
ALAE %
1997/98
$373,535
$644,839
58%
1996/97
267,961
438,986
61%
1995/96
567,630
851,030
67 °%
1994/95
635,789
1,258,168
51%
1993194
299,822
550,793
54%
Although we have chosen to report this information, analysts of this expense item is
outside the scope of this report However, this concern is another reason the City should
consider having an experienced Risk Manger on staff. A more experienced Risk Manager
would have direct control over the ALAS and would be more likely to achieve desired
results
IL
38
ADV-' NCFD RISK MANArFNIGNT Tt= r`umsr--i+rc ,n�111
The City now distributes risk management functions among various individuals in different
departments and to outside contractors While risk management is being performed, no one
person is responsibility for its effectiveness The City's approach could cause it to have a
gap in insurance protection There is currently no one on staff with an ARM or CPCU
designation or a degree in insurance No person is clearly responsible for minimizing the
City's COR, which is 3 0% of the City's operating budget
The City has three mayor options for reorganizing the risk management function These
options are
1 Reclassify an Existing Position. This approach would utilize the services
of an existing staff member as Risk Manager The problem with this
method is that the City really needs to have a Risk Manager who is
experienced and capable of coordinating, directing and overseeing all risk
management activities These include identifying losses, making risk
financing decisions, overseeing loss prevention activities and managin g the
claims process for both liability and workers compensation It does not
appear the City has an individual capable of filling this role
2 Combination of In-House/Contracted Risk Manager Split. This approach
would utilize the services of an existing staff member to handle
administrative risk management duties and use a contracted Risk Manager
to assist the City in areas that require a higher level of technical
competence, For example, a contractor could assist with risk financing
decisions, coverage analysts and safety program oversight The City's in-
house employee would be responsible for admini stering the remammg
aspects of the nsk management program
This method would be preferable to option one above Presumably, it
would be less expensive than hiring a full-tune Risk Manager However,
the actual cost would depend upon the amount of service contracted
3 Hire a Risk Manager. If the City adopted this approach, it would hire a
full -time Risk Manager as an employee of the City The benefit of this
choice is that the City would have the services of an experienced, on -site
Risk Manager to rely on for organizing and directmg its nsk management
functions
17
39
A,DVANCED RISK MANA(:�,-�AC:NT Tt r uriini1CO
At this point, the risk management program needs the full-tune attention of an experienced
individual to take steps to reduce the City's COR This is particularly true in the area of
liability and workers compensation claim costs Due to the time and dedication necessan
to address these concerns, the preferred method is for the City to hire a full -time risk
management employee
>- We recommend that the Cziy consider hiring an experienced Risk Manager
B. STAFFING
Table III4 illustrates the percentage of time spent by various employees on risk
management activities
Table III-4
Risk Management Administration
Position
Percentage of Time Spent on
Risk Management Activities
City Manager
15%
Assistant City Manager
1 %
Director of Finance
15%
Purchasing Agent
20%
City Clerk
5%
Human Resources Manager
15%
H R. Specialist
10%
Office Specialist
25%
If the City hires a Risk Manager, the time spent on risk management by the City Manager,
Director of Finance, Purchasing Agent, City Clerk and Human Resource Manager would
be greatly reduced or eliminated The Risk Manager would assume the responsibilities
currently held by these individuals as well as those of the Risk Management Committ ee
These would include the following
• Approve liability claims up to a pre -set limit
• Risk financing decisions
0
M
ACVGNC PF) RIQK KAANOi, ACNIT Tr_ hunii�i�rr ��.
• Insurance purchasing
• Review of insurance clauses in contracts
• Determination of insurance required by contractors
• Monitoring certificates of insurance
• Claims management
• Workers compensation program oversight
• Safety program oversight
The five positions affected by the hiring of a Risk Manager account for approximately
575,000 of the City's $100,000 risk management administration expense The City would
not be able to recoup any of this expense by hiring a Risk Manager. However, the
employees in Table M-4 would be free to spend more time in their specialty areas
We estimate that the salary of a full-time Risk Manager would be in the range of $60,000
to $84,000 Benefits would cost another 30% - 35 %, and office and overhead would add
another 5 % This is a total of $81,000 to $118,000.
It is also conceivable that a Risk Manager might be able to assume some, if not all, of the
responsibilities of the safety consultant The amount budgeted for the Safety Consultant for
fiscal year 2000 -2001 was $20,000
C. PL4 CEMENT
Generally, Risk Managers report to either an Administrative Services, Human Resources
or Finance Director The most common placement is in the Finance Department. The
reason for this approach is that Risk Management's decisions and activities have a
significant financial impact on an entity We believe the Finance Department is a good
place for the City's Risk Manager This will also fit in nicely with the City's
reorganization plan to move Human Resources to this area as well The Risk Manager will
need to rely on the services of the Human Resource Specialist and the Office Specialist,
both of whom work in the Human Resources Department It is also possible that the Risk
Manager might want the Human Resources Manager to continue with some risk
management duties
D We recommend that the Risk Manager report to the Director of Finance.
19
41
ADV4,NCED RISK MANAGFMFNT TFrNNiini«c init�
D. OBJECTIVES
Table III -5 below shows the objectives the Cut} should establish for risk management and
the period of tune reasonable to accomplish them
Table III -5
Risk Management Schedule
Objective
Timetable
Hire an experienced Risk Manager
Three months
Reduce the average cost per workers compensation
claim by 20%
Two years
Reduce ALAE to 30% of incurred losses
Two vears
Establish property and liability safety training for all
employees (Chapter IV)
Six months
Produce annual risk management report (Chapter IV)
One year
Re]
42
ADV'yNCEL) RIiV NAANIAC,CN /FNIT TC�unii���r�
IV. TASKS AND SUPPORT SYSTEMS
This chapter analyzes the tasks and systems in place that support the risk management
functions In particular, these include claims administration, loss control, management
reports and risk management records
A. CLAIMS ADMINISTRATION
Workers compensation claims are arimintstered by Southern California Risk Management
Associates ( SCRMA), a TPA Litigated claims are handled by the City Attorney or an
outside law firm The Human Resources Department provides coordination and oversight
of these activities
Overall, the City and SCRMA received high marks from department heads' evaluations
of claims - handling However, SCRMA and the Fire Chief both expressed frustration at the
lack of a modified duty program According to SCRMA, the firefighters' doctor of choice
and union seem to be barriers to success in this area With support from the Council and
senior staff, a Risk Manager would be able to find solutions to this problem and mitigate
the City's high claim costs
Liability claims are administered by Colen & Lee, a TPA. Litigated claims are handled by
the City Attorney or an outside law firm The City Manager has settlement authority up
to $5,000 Claims in excess of $5,000 require City Council approval.
Claims are initially received by the City Clerk's office and are then forwarded to the City
Attorney The City Attorney's office then notifies Colen & Lee The TPA then contacts
the claimant, obtains witness statements and takes pictures, if necessary If it is determined
that the City is liable, an attempt is made to resolve the claim If there is no resolution, a
lawsuit is usually filed by the claimant
According to interviews with department heads, the claims administration process for both
workers compensation and liability is effective Outsourcing these activities has proven to
be efficient and cost - effective Having claims administered by an outside agency also
eliminates any potential internal pressures and provides more objectivity. We concur that
it makes sense for the City to outsource its workers compensation and liability claims
administration
One aspect of the claims process that concerns us is the procedure of having the City
Manager review claims under $5,000 This activity consumes high -value time relative to
the significance of the decision The $5,000 threshold is low for submitting claims to the
21
43
ADVANCED RISK MAi\1A(1_;:NAC:N)7 Tt r UNr. r„17r' I^,^
Council whose time is also better snatched to more significant issues In our experience
with Southern California cities, it is not uncommon for municipalities to have settlement
lusts ranging from $25,000 to $100,000 before having to submit claims to City Council
for approval
Typically, a Risk Manager has authority to $10,000 and the City Manager to $25,000. The
City Council approves claims in excess of $25,000
We recommend that the City consider giving settlement atahonrn to the Risk
Manager for claims to $10, 000 and to the City Manager for claims between
$10,000 and $25,000 Claims above $25,000 would need Cin1 Council
approval.
B. LOSS CONTROL
As noted in Chapter 11, 75% of the City's COR is comprised of self - insured losses
Reducing the COR requires an aggressive and well- planned loss control program
As we discussed earlier in Chapter III, the City utilizes the services of an outside safety
contractor to chair the safety committee and perform OSHA training and safety
inspections Individual departments also engage in loss control activities For example,
driver training and vehicle operation instruction is provided in Public Works The Police
Department provides self defense, critical policy testing (shooting, pursuit, use of force),
physical fitness and advanced officer training programs.
Overall, the City seems to be effective at reducing the incidence of workers compensation
claims In fact, the number of claims per 100 employees has decreased from a rate of
14 16 for the period 1995 - 1997 to 12 81 for the period 1997 - 1999 Much of this can
be attributed to using the same safety consultant for the last 15 years This length of
involvement has provided an ongoing awareness of the City's safety needs.
At this point, it makes sense for the City to continue using a safety consultant. However,
the City might reconsider the nature and extent of this relationship if it hires a Risk
Manager Depending on the Risk Manager's skills and time available for loss control
activities, it might be more prudent to bring some, if not all, of loss control in- house.
22
M
ADVANCED RISK MANAC4FNAF-NIT Ir,I /�
C. MANAGEMENT REPORTS
It is important to keep management appraised of risk management problems. goals and
program costs Awareness of these aspects will help focus City -wide attention on the
management of its risks This communication can best be accomplished by submitting an
annual Risk Management report to the City Manager and department heads The report
should consist of'
Introduction. This section would include three to five pages of text
covering Risk Management goals for the coming year and problems solved
during the past year
2 COR. This section would show the City's current COR It would be
beneficial to show the COR as a percentage of operating expenses for each
of the most recent five years
3 Large Claims. This section would include a discussion of large claims
which have been settled during the year
D We recommend that the City prepare and distribute an annual Risk
Management report.
One way to enlighten department heads about loss activity in their areas is to provide them
summary loss reports The types of information that should be distributed includes-
1 Actual liability and workers compensation loss experience for each
department Thus would include number of claims, losses paid, losses
outstanding and total incurred This report should be distributed monthly
2 Breakdown of workers compensation losses by type of mjury and activity
This report should be distributed quarterly.
Communicating this information to department heads will increase their awareness of their
loss activity and will help them form ideas for preventing losses
We recommend that the City distribute loss reports to the department heads
a]
45
ADVANCED RISK MANAGEMENT TEC;HNI2I1Fq lNlr,
EL SEGUNDO CITY COUNCIL
AGENDA ITEM STATEMENT
AGENDA DESCRIPTION,
MEETING DATE. September 4, 2001
AGENDA HEADING: Consent Agenda
Award of contract to Belaire -West Landscape, Inc, for Washington Park Improvements —
Project No PW 01 -02 - Approved Capital Improvement Project (contract amount option 1 =
$135,000 or option 2 = $270,000)
RECOMMENDED COUNCIL ACTION
Award contract for option 2 and authorize the Mayor to execute the contract on behalf of
the City
BACKGROUND AND DISCUSSION:
On August 7, 2001, the City Council adopted plans and specifications for Improving
Washington Park and authorized staff to solicit construction bids The project proposes
development of a park within the currently undeveloped Southern California Edison
Company right -of -way
(Additional discussion on the next page
ATTACHED SUPPORTING DOCUMENTS-
1 Project budget
2 Bid summary.
3 Location map
FISCAL IMPACT.
Capital Improvement Project:
Amount Requested:
Account Number-
Project Phase:
Appropriation Required:
ORIGINATED BY
uA
$160,000 00 (balance)
$300,000 00 (option 2)
301 -400- 8202 -8469
Award of construction contract
$140,000 (option 2)
AUG 2 9 2001
te:
46
M- COUNCIL09%MPT MBERU01 rr a y=&D1100PM) 5
BACKGROUND AND DISCUSSION (continued):
The City Clerk received and opened a total of eight (8) bids on August 28, 2001 The bid
package included several options for bidding to provide flexibility for the scope of the
contract award
Enclosed is the summary of bids received with the low bid amounts for the following scopes
of work
Scope of Option 1:
Grading, turfing and irrigation for both the south and north parks (low bid amount-
$135,000.00).
Scope of Option 2: (total project)
All work included in option 1 plus walkways, trees, shrubbery, site furnishings for both the
south and north parks (low bid amount- $270,000.00).
The total project low bid of $270,000.00 was below the architect's estimate of $327,000.00
The project scope is consistent with the desires of those who attended the neighborhood
park planning meetings and staff recommends award of option 2 for the amount of
$270,000 00 to Belaire -West Landscape, Inc Staff has received favorable responses from
the low bidder's references
4.
PW- COUNCIL 0915EPTEMBER 0101 (TuW y OWW 1WPM)
Construction Contact
.Contingencies
WASHINGTON PARK IMPROVEMENTS
Total Cost
Current Balance'
Additional Appropriation Needed
PROJECT BUDGET
Option 1 Option 2
$135,000 $270,000
$ 15,000 $ 30,000
$150,000 $300,000
$160,000 $160,000
None $140,000
The landscape architect's fees for the project design
were funded by the original project budget
M- COUNCIL 0915EPTEMBER 0101 (Tueetley OB MI 100 PM) 48
WASHINGTON PARK IMPROVEMENTS
BID SUMMARY
Option No. 1:
Award only grading, turfing and irrigation for both parks.
Belaire -West Landscape, Inc $135,000
,Sunrise Landscape
$176,700
Green Giant
$181,000
Ecology
$216,600
Thomsen Landscape
$219,300
John Ettlm
$261,400
Ryco Construction
$302,789
Oakridge
$328,265
Option No. 2:
Total project including trees, walkways and site furnishings for both parks
Belatre -West Landscape, Inc $270,000
Sunrise Landscape
$288,000
Green Giant
$307,382
Ecology
$339,600
John Ettlm
$364,000
Thomsen Landscape
$383,330
Ryco Construction
$458,000
Oakndge
$474,620
49
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CITY OF EL SEGUNDO
PAYMENTS BY WIRE TRANSFER
8/11/2001 THROUGH 8124/2001 --
Date
Payee
Amount
Description
8/14/01
Union Bank
39,318 60
PGC -El Segundo, LLC payroll
8/15/01
Health Comp
2,92513
Weekly claims 8/10
8/16/01
Employment Development
34,969 69
State Taxes PR 04
8/16/01
IRS
183,314 59
Federal Taxes PR 04
8117/01
Federal Reserve Bank
15000
Employee Savings Bonds
8/17/01
Federal Reserve Bank
35000
Employee Savings Bonds
8122/01
Health Comp
2922
Weekly claims 8/17
8/11 - 8117/01
Workers Comp Activity
9,58804
SCRMA checks issued
270,645 27
DATE OF RATIFICATION: 0914/01
TOTAL PAYMENTS BY WIRE:
Certified as to the accuracy of the wire transfers by
Deputy Treasurer &AA1 PJ a 0 I
Date
Finance Director!
Date ��yy
City Manager o2
Date
Information on actual expenditures is available in the City Treasurer's Office of the City of El Segundo
270,645.27
52
REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, AUGUST 21, 2001 - 5:00 P.M.
[OPEN SESSION BEGINS AT 5:00 P.M. FOR THE PURPOSE OF A PUBLIC MEETING]
CALL TO ORDER - Mayor Gordon at 5.05 P M
ROLL CALL
Mayor Gordon
Present
Mayor ProTem Jacobs
Present
Council Member Gaines
Present
Council Member McDowell
Present
Council Member Wernick
Present
A SPECIAL ORDERS OF BUSINESS —
1 Workshop Discussion of FY 2001/2002 Preliminary Budget and Five -Year Capital
Improvement Plan
Bret Plumlee, Director of Finance gave a staff report
Jim Hansen, Director of Community, Economic and Development Services, presented
department highlights and responded to Council questions
Andy Santamarla, Director of Public Works, presented department highlights and responded
to Council questions
Greg Johnson, Director of Recreation & Parks, presented department highlights and
responded to Council questions
Debra Brighton, Library Director, presented department highlights and responded to Council
questions
Jack Wayt, Police Chief, presented department highlights and responded to Council
questions
Norm Angelo, Fire Chief, presented department highlights and responded to Council
questions
PUBLIC COMMUNICATIONS — (Related to City Business Only — 5 minutes limit)
Liz Garnholz, resident, spoke regarding the proposed community center and plunge usage
Peggy Tyrell, resident, spoke regarding airport issues
Recessed at 6 55 P M 7
MINUTES OF THE REGULAR CITY COUNCIL MEETING
AUGUST 21, 2001
5 ; PAGE NO 1
REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, AUGUST 21, 2001 - 7:00 P.M.
CALL TO ORDER - Mayor Gordon at 7:05 P M.
INVOCATION - Deputy Clerk Domann
PLEDGE OF ALLEGIANCE - Council Member Kelly McDowell
PRESENTATIONS-
(a) Council Member John Gaines, presented a Commendation to all the participants of
the Pacific Southwest Regional Tournament, the hosting families, sponsors and the
entire El Segundo Babe Ruth League for an outstanding tournament and successful
season
(b) Council Member McDowell, presented a Commendation to David W. Reeves, for his
invaluable service to the City of El Segundo as a two -term member on the El
Segundo Community Cable Advisory Committee.
ROLL CALL
Mayor Gordon
Present
Mayor ProTem Jacobs
Present
Council Member Gaines
Present
Council Member McDowell
Present
Council Member Wernick
Present
PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit per person, 30
minute limit total) Individuals who have received value of $50 or more to communicate to the City
Council on behalf of another, and employees speaking on behalf of their employer, must so
identify themselves prior to addressing the City Council Failure to do so shall be a misdemeanor
and punishable by a fine of $250. 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
Peggy Tyrell, resident, spoke regarding airport issues
BROUGHT FORWARD FROM CONSENT CALENDAR, ITEM 3
(c) Request by the American Heart Association for City support and approval to close
certain streets between 9.00 a.m. and 1:00 p.m for the 2001 American Heart Walk
LA - South Bay /Gateway event to be held on Saturday, September 15, 2001 starting
at Mattel corporate headquarters in El Segundo at 10 am
MINUTES OF THE REGULAR CITY COUNCIL MEETING
AUGUST 21, 2001
PAGE NO 2
54
Lyndi Scott- Strite, American Heart Association, spoke regarding the upcoming American
Heart Walk LA — South
MOVED by Mayor Gordon, SECONDED by Council Member Gaines to approve the request
by the American Heart Association for City support and approval to close certain streets
between 9 00 a m and 1.00 p.m. for the 2001 American Heart Walk LA — South
Bay /Gateway event to be held on Saturday, September 15, 2001 starting at Mattel
corporate headquarters in El Segundo at 10 a.m MOTION PASSED BY UNANIMOUS
VOICE VOTE. 5/0
(d) Request from Jennifer Austin to address City Council regarding placement of a stop
sign at the intersection of Illinois and Pine
Jennifer Austin, resident, spoke regarding the placement of a stop sign at the intersection of
Illinois and Pine
Council directed staff to work with Ms Austin to address this issue
A. PROCEDURAL MOTIONS
Consideration of a motion to read all ordinances and resolutions on this Agenda by title
only
MOVED by Council Member Wernick, SECONDED by Council Member Gaines to read all
ordinances and resolutions on this Agenda by title only MOTION PASSED BY UNANIMOUS
VOICE VOTE. 5/0
B. SPECIAL ORDERS OF BUSINESS — None
C. UNFINISHED BUSINESS — None
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
Approved Warrant Numbers 2519259- 2519559 on Register No. 21 in total amount of
$985,427.38 and Wire Transfers from 07/28/01 to 08/10/01 in the amount of
$1,214,979.64 - Approved 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
2 Approved City Council meeting minutes of August 7, 2001
BROUGHT FORWARD EARLIER IN MEETING
MINUTES OF THE REGULAR CITY COUNCIL MEETING
AUGUST 21, 2001
PAGE NO 3
55
4 Approved Amendment No 1 to Agreement No. 2605, providing extension of time to
the Memorandum of Understanding (MOU) between the County of Los Angeles and
the City of EI Segundo for reimbursement of City's cost for Industrial commercial site
visits (Fiscal Impact — Approximately $5,000.00 reimbursement Authorize the City
Manager to execute the amendment
5 Second reading and adoption of Ordinance No. 1338 amending El Segundo
Municipal Code ( "ESMC ") § 1 -5A -7 authorizing the City Manager, upon City Council
direction or as otherwise provided in the ESMC, to execute City contracts
6 Approved the purchase of a replacement Rescue Phone System manufactured by
Direct -Link and related equipment to be utilized by the Crisis Negotiation Team and
the SWAT Team Cost of the system and equipment not to exceed $22,624.25
Funding from the Asset Forfeiture Account
7 Adopted Resolution No 4221 of the City Council amending Resolution Number
4212, El Segundo's Conflict of Interest Code by adding the Assistant City Attorney as
a designated position
8 Approved the proposed revision to the Dispatcher II class specification, intended to
increase the pool of qualified applicants for the Lateral Entry Dispatcher Program
9 Approved the Service Agreement No 2917 with the City of Redondo Beach /South
Bay Youth Project, to provide counseling services to El Segundo youth and families
between September 1, 2001 and June 30, 2002 at a cost of $27,498 Authorize the
Mayor to execute the agreement
MOVED by Council Member McDowell, SECONDED by Council Member Gaines, to approve
consent Items 1, 2, 4, 5, 6, 7, 8, and 9 MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0
CALL ITEMS FROM CONSENT AGENDA
F. NEW BUSINESS — None
G REPORTS - CITY MANAGER - None
H. REPORTS — CITY ATTORNEY - None
REPORTS - CITY CLERK — None
REPORTS - CITY TREASURER - None
K. REPORTS - CITY COUNCIL MEMBERS -
Council Member McDowell — Reported on downtown sub - committee and the lunch
shuttle
Council'Member Gaines - None
MINUTES OF THE REGULAR CITY COUNCIL MEETING
AUGUST 21, 2001
PAGE NO 4
5G
Council Member Wernick — Reported on Park Vista Anniversary Celebration
Mayor Pro Tem Jacobs — Spoke regarding American Heart Walk and invited community to
participate
Mayor Gordon — Spoke regarding American Heart Walk and Car Show Congratulated
City and staff on budget process.
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
MEMORIALS - Kathleen Schwelger, resident and former City Library employee
ADJOURNMENT — at 7 50 p m
Cathy Domann, Deputy City Clerk
MINUTES OF THE REGULAR CITY COUNCIL MEETING
AUGUST 21, 2001
PAGE NO 5
57
EL SEGUNDO CITY COUNCIL MEETING DATE: September 4, 2001
AGENDA ITEM STATEMENT AGENDA HEADING- Consent
AGENDA DESCRIPTION:
Approval of Agreement with the Regents of the University of California to provide
continuing education for Emergency Medical Technicians (EMTs) and
defibrillation training Fiscal impact- $26,000.
RECOMMENDED COUNCIL ACTION:
Approve Services Agreement and authorize the City Manager to execute
BACKGROUND & DISCUSSION:
In July 1998, the El Segundo Fire Department contracted with Evelyn Riley,
M Ed., R N , M.I.0 N., to provide plan implementation of in -house continuing
education and to design and provide training to fill specific identified needs In
July 2001, Ms Riley was hired by the Regents of the University of California and
has continued her contract with the El Segundo Fire Department through her
employer Because Ms Riley has continuously provided such excellent
educational services to the El Segundo Fire Department for over three (3) years,
the Department recommends retaining her services through UCLA
In addition, the Fire Department recently purchased four (4) automated external
defibrillators (AEDs) which require that personnel who operate this equipment
must be trained and certified as Emergency Medical Technician — Defibrillaton
(EMT -D)
Through the attached proposed Agreement, UCLA agrees to provide one
Educator (Evelyn Riley) to the El Segundo Fire Department to conduct continuing
education in prehospital and emergency medicine to maintain certification and
licensure as EMT -Basic or EMT - Paramedic (collectively referred to as "CE"
Programs "), primary education to obtain licensure as an EMT - Defibrillation
( "EMT -D ") Provider, and provide quality improvement services to maintain or
enhance the quality of patient care (referred to as "QI Services ") We respectfully
request approval and execution of this Agreement.
ATTACHED SUPPORTING DOCUMENTS:
Agreement between UCLA and the City of El Segundo
FISCAL IMPACT:
Operating Budget:
Yes - $26,000
Amount Requested:
$26,000
Account Number:
001 - 400 - 3202 -6223 and 001- 400 - 3203 -6214
Project Phase:
WA
Appropriation required.
NO
ORIGINATED: DATE: 8 -22 -01
Norman G ngelo�
N I WED;" DATE:
ary r i Manager ,17 Q
" 5R
UCLA
And
City of El Segundo
Services Agreement
This Agreement ( "Agreement') is made and entered as of October 1, 2001, by and
between The Regents of the University of California, a California corporation, on behalf
of the UCLA Medical Center, Center for Prehospital Care ( "UCLA ") and the City of El
Segundo ( "City "), on behalf of the El Segundo Fire Department ( "Department')
RECITALS
A The UCLA Center for Prehospital Care conducts continuing education in
prehospital and emergency medicine to maintain certification and ][censure as
EMT -Basic or EMT - Paramedic (collectively referred to as "CE Programs "),
conducts primary education to obtain licensure as an EMT- Defibrillation
( "EMT -D ") Provider and provides quality improvement services to maintain
or enhance the quality of patient care (referred to as "QI Services ")
B Department desires to utilize the services to maintain the certifications of their
employees and to continue to deliver quality patient care to their community
NOW THEREFORE, the Parties hereby agree as follows:
5 r�
Article 1
Rights and Responsibilities of UCLA
1 1 Provide a Nurse Educator ( "Educator "). UCLA shall provide one Educator to
Department to conduct CE Programs and QI Services The Educator shall be
subject to the mutual approval of both UCLA and Department
12 Provide CE Programs.
1 21 Scheduling of CE Programs. CE Programs will be provided on
each of three shifts monthly for three hours UCLA shall develop
a schedule and submit it to Department for approval The schedule
will provide a mimmum of twenty -four (24) hours of continuing
education for each Department EMT - Paramedic and twelve (12)
hours of continuing education for each Department EMT - Basic,
This will provide a Department Paramedic thirty -six (36) hours of
continuing education annually if he /she attends all continuing
education conducted on their scheduled shifts
122 CE Program Content. All Education Programs shall meet the
criteria established by the County of Los Angeles and the State of
California to fulfill EMT -Basic and EMT - Paramedic continuing
education and re- certification requirements Content shall be
developed in collaboration with Department
13 Provide EMT -D Education and Services.
1 31 UCLA shall provide a coordinator ( "Coordnator ") to conduct the services
under this section The Coordinator shall be subject to the mutual
z- 60
approval of both UCLA and Department The Coordinator will work
cooperatively with the Educator
1.32 Prepare EMT -D application materials for Department to submit to the Los
Angeles Department of Health Services
1 33 Prepare and submit operational policies for operation of the EMT -D
program at Department
134 Provide primary education to EMT - Defibrillation for 60 Department
personnel Education will be offered in two sessions on each of six
consecutive Department shifts Sessions will accommodate approximately
20 personnel per day and will be organized in the morning from 0800 to
1100 and afternoon from 1300 -1600
1 35 Coordinate with the Los Angeles County Department of Health Services
to facilitate Department taking the certifying examination for EMT-
Defibnllation Providers
136 Provide competency testing every six months for 60 Department
personnel. Education will be offered in two sessions on each of six
consecutive Department shifts Sessions will accommodate approximately
20 personnel per day and will be organized in the morning from 0800 to
1100 and afternoon from 1300 -1600
137 Review Department patient care reports, dispatch records, and defibrillator
usage downloads where appropriate within 72 hours for each cardiac arrest
and generate a report that will be reviewed by the Medical Director
138 Maintain a log that will include usage of the defibnllator, primary
education dates, competency test dates, and defibrillator maintenance logs
-3- 61
139 Prepare the annual EMT -D report for Department to submit to the Los
Angeles Department of Health Services as required policy 412 1 of the
Los Angeles County Department of Health Services Prehospital Care
Policy Manual and included as Exhibit A.
14 Provide a Medical Director. Provide a medical director to supervise the EMT -D
Education and Services, including the quality of instruction and the use of the
automatic external defibrillator, as defined by Policy 412 of the Los Angeles
County Department of Health Services Prehospital Care Policy Manual and
included as Exhibit B ( "Medical Director ") UCLA and Medical Director assume
no responsibility for the clinical activities and care provided by any of
Department's employees or agents, including but not limited to care relating to
the EMT - Defibrillation
1 5 Provide OI Services.
151 On Site Evaluation. The Educator shall nde along and evaluate
Department paramedics under field conditions and design and provide
education to any specific needs identified
152 Ouality Improvement Activities. The Educator shall develop, coordinate
and maintain a quality improvement plan for Department This shall
include developing a system to review Department's patient care reports,
developing patient care report review cntena, reviewing patient care
reports, coordinating quarterly quality improvement meetings, providing
direct field observation, developing a plan to evaluate the competency of
Department personnel, assisting in fact - finding for specific incidents and
-a-
' si
attending the Los Angeles County EMS Agency Quality Improvement
Committee meetings to gather information regarding updates and changes
to policies and/or procedures and reporting to the Department
153 Reports and Records. The Educator will report on QI Activities to the
fire chief and QI designee (as identified in Section 3.2) and implement the
recommendations under the direction of the QI designee
Article 2
Confidentiality
2 1 Definition. For purposes of this Agreement, the term "Confidential Information"
shall mean any information disclosed in order to accomplish the work under this
Agreement by one party ( "Disclosing Party ") to another party ( "Receiving Party ")
that is considered confidential by the Disclosing Party, provided such information
is in writing or other tangible form and clearly marked as confidential when
disclosed, or is so designated in writing within thirty (30) days of such disclosure
The parties agree to disclose only information that is necessary to the work and to
send such information directly to the parties noticed in Section 9 of this
Agreement
2 2 Obligations of the parties. The Receiving Party agrees, to the extent permitted
by law, that Confidential Information shall remain the property of the Disclosing
Party and that the Receiving Party shall only use, disclose or distribute
Confidential Information within its own organization as is reasonably necessary to
carry out the intent of this Agreement For the period of the Agreement and for a
-5- 63
period of five (5) years after disclosure, Confidential Information shall not be
used or disclosed to others except in furtherance of this Agreement, provided,
however, that the foregoing obligation of non -use and non - disclosure shall not
apply to any portion of the Confidential Information that.
221 is or shall have been known to the Receiving Party before his/her receipt
thereof,
222 is or shall have been disclosed to the Receiving Party by a third party,
223 is or shall have become known to the public other than through the
Receiving Party,
224 is independently created by the Receiving Party's personnel who have had
no exposure to the Confidential Information, or
225 is required by law, regulation, a court of competent jurisdiction or any
rules of civil procedure applicable to any court or administrative
proceeding to be disclosed.
2 3 Return of Confidential Information. Upon the expiration or earlier ternnnation
of this Agreement, the Receiving Party shall promptly return to the Disclosing
Party all Confidential Information of the Disclosing Party and any copies made
thereof, whether in written, electronic or any other form
-6-
b4
Article 3
Rights and Responsibilities of Department
3 1 Provide Space and Equipment. Department shall provide a classroom sufficient
to provide quality instruction, audiovisual equipment, and access to department
equipment and supplies for the purposes of instruction.
32 Designate OI Person. Department shall designate a person responsible for QI
Services in the Department and to receive the information under this agreement
and direct the QI Activities ( "QI Designee ")
33 Responsibilitv. Department understands and accepts the responsibility for the
clinical activities and care provided by its employees and agents and for the
implementation of the QI Services and EMT -D
Article 4
Term
41 The term of this Agreement shall commence on October 1, 2001 and be in effect
through September 30, 2002 This Agreement shall automatically renew for two
additional one -year terms unless terminated earlier as set forth in this Agreement
Article 5
Termination
5 1 Termination without Cause. Either party may terminate this Agreement at any
time without cause by providing the other party with sixty (60) days notice to the
names set forth in Article 9 below
65
52 Termination for Cause. Either party may terminate this Agreement for cause or
a material breach by providing the other party with thirty (30) days written notice
to the names set forth in Article 9 below If the breaching party fails to cure the
breach, the termination shall be effective at the end of the thirty (30) day period
Article 6
Payment
61 Compensation for Services. Department agrees to compensate UCLA for the
services provided under this Agreement as described in Exhibit C At the end of
each one year term, as set forth in Section 4 1, UCLA shall increase the cost of
services by 5% per year to cover the cost of living increases Department shall
pay this amount due within 30 days of receipt of the invoice from UCLA
62 Payment. Any payment to UCLA made pursuant to this Agreement shall be
made by check payable to the Regents of the University of California and mailed
to
Office Manager
UCLA Center for Prehospital Care
924 Westwood Blvd, Suite 720
Los Angeles, CA 90095 -1369
Article 7
Insurance
7 1 The parties agree to obtain and maintain the insurance set forth in Exhibit D
-8- 6 (i
Article 8
Indemnification
8 1 Department and the City agree to defend, indemnify, and hold harmless UCLA,
its officers, employees and agents from and against any and all liability, loss,
expense (including reasonable attorneys' fees) or claims for injury or damages
ansmg out of the performance of this Agreement, but only in proportion to and to
the extent such liability, loss, expense, attorneys' fees, or claims for injury or
damages are caused by or result from the negligent or intentional acts or
omissions of the Department, its officers, employees or agents
82 UCLA agrees to defend, indemnify, and hold harmless Department and the City,
its officers, employees and agents from and against any and all liability, loss,
expense (including reasonable attorneys' fees) or claims for injury or damages
ansing out of the performance of this Agreement, but only in proportion to and to
the extent of such liability, loss, expense, attorneys' fees, or claims for injury or
damages are caused by or result from the negligent or intentional acts or
omissions of UCLA, its officers, employees or agents.
Article 9
Notice
9 1 Any notice required to be given to any Party is deemed to have been given and to
be effective on the date of delivery if delivered in person, or five days after
mailing if mailed by first -class certified mail, postage paid, or on the date of the
fax confirmation if made by fax, to the respective addresses given below or to any
other address as designated in writing to the other Party
-9- 67
Ujy Av
Todd LeGassick
Managing Director
UCLA Center for Prehospital Care
924 Westwood Blvd, Suite 720
Los Angeles, CA 90095 -1369
With a copy to
UCLA Medical Center Legal Affairs
924 Westwood Blvd, Suite 740
Los Angeles, CA 90095
Department:
Kevin Smith, Battalion Chief
El Segundo Fire Department
314 Main Street
El Segundo, CA 90245
With a copy to
Article 10
Use of Name
68
io-
101 Neither Party may use the name of the other, including the name UCLA, the
Regents of the University of California, or the University of California, in any
advertising, publicity, or otherwise, without the prior written approval of the other
Party
Article 11
General Terms
11 1 Relationship. This Agreement is not construed as creating a partnership, joint
venture, or agency relationship among the Parties The relationship between the
parties shall at all times be that of independent contractors
112 Governing Law. This Agreement must be interpreted and construed according to
the laws of the State of California
113 Modifications. Any amendments or modifications to this Agreement must be in
writing and signed by authorized representatives of both parties
114 Assignment. Neither Party may assign their rights, duties, or obligations under
this Agreement, either in whole or in part, without the prior written consent of the
other Party
115 Severability. The provisions of this Agreement are severable If any provision
of this Agreement is determined to be invalid or unenforceable under any
controlling body of law, the invalidity or enforceability does not in any way affect
the validity or enforceability of the remaining provisions of this Agreement
116 Waiver. Waiver by any Party of any breach of any provision of this Agreement
or warranty or representation shall not be construed as a waiver of any subsequent
69
11 -
breach of the same or any other provision The failure to exercise any right in this
Agreement shall not operated as a waiver of such right
117 Entire Agreement. This Agreement, and the Exhibits, contain the entire
Agreement between the parties with respect to the subject matter of the
Agreement and supersedes all prior written or oral agreements with respect to the
subject matter in the Agreement
11 8 No Third Party Beneficiaries. None of the provisions contained in this
Agreement are intended by the parties, nor shall they be deemed, to confer any
benefit on any person not a party to this Agreement
[Signature page follows ]
,z- � 0
r
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the dates
indicated
DATE By UCLA, The REGENTS OF THE
UNIVERSITY OF CALIFORNIA,
a
On behalf of UCLA Medical Center
Todd L.eGassick
Print Name
Managing Director
Title
DATE THE CITY OF SEGUNDO
APPROVED
ity Attorney
ATTEST:
City Clerk
By
On behalf of Department
Mary Strenn
Print Name
City Manager
Title
_,3. 7 1
ReTefenCe No 4,2.1
Los Angeles County EMS Agency
Exhibit A
EMT4 DEFIBRILLATION ANNUAL REPORT
January 1 through December 31,
As required by State law and /or local policies, the following statistical information is being submitted
Deadline for submission is March 1 of the subsequent year.
1 No of department responses (ALS and/or BLS) to patients who suffered a cardiac arrest: _
2. No of patients on whom the automated defibrillator was applied. _
3 No. of patients who were defibrillated by EMT -IDs:
a. Data to compare witnessed vs. unwitnessed occurrences:
WITNESSED (seen or heard
Initial rhythm
UNWITNESSED
Ventricular fibrillation
by a bystander)
Ventricular tachycardia
No with
Prior to ALS'
No with
Prior to ALS"
bystander
CPR
regained pulse
❑
bystander
CPR
regained pulse
a
did not regain
❑
did not regain
pulse
pulse
No without
Prior to ALS*.
No. without
Prior to ALS':
bystander
CPR
regained pulse
bystander
CPR
regained pulse
did not regain
0
did not regain
El
pulse
From witnessed patient group
From unwitnessed patient group
# discharged from hospital
❑
# discharged from hospital
D
if available, # discharged
if available, # discharged
with neuro status unchanged
with neuro status unchanged
- ❑
from that prior to arrest
from that prior to arrest
'If field ALS service available, 'prior to ALS' is prior to paramedic amval. If no field ALS service, "prior
to ALS' is prior to arrival at hospital
a No of EMT -ID responses to patients sufferino cardiac arrest whose initial rhythm was
RHYTHM
Initial rhythm
Of these, # witnessed
Ventricular fibrillation
Ventricular tachycardia
Asystole
Other
ia- 7L
\\�5y Los Angeles County EMS Agency :-:eterEnCS No 4,2.1
J� Exhibit A
EMT-I DSPIERILLATION ANNUAL REPORT
January 1 through December 31,
As required by State law and /or local policies, the following statistical Information is being submitted.
Deadline for submission Is March 1 of the subsequent year.
1 No of department responses (ALS and/or BLS) to patients who suffered a cardiac arrest _
2. No. of patients on whom the automated defibrillator was applied: _
3 No of patients who were defibrillated by EMT -IDs: _
a. Data to compare witnessed vs. unwitnessed occurrences:
WITNESSED (seen or heard
Initial rhythm
UNWITNESSED
Ventricular fibrillation
by a bystander)
Ventricular tachycardia
No with
Prior to ALSO:
No with
Prior to ALSO:
bystander
CPR
regained pulse
a
bystander
CPR
regained pulse
❑
did not regain
a
a
did not regain
❑
pulse
pulse
No without
Prior to ALSO.
No. without
Prior to ALSO:
bystander
CPR
regained pulse
bystander
CPR
regained pulse
did not regain
❑
❑
did not regain
El
pulse
From witnessed patient group
From unwitnessed patient group
# discharged from hospital
# discharged from hospital
a
If available, # discharged
if available, # discharged
vnth neum status unchanged
with neuro status unchanged
❑
from that prior to arrest
from that prior to arrest
'If field ALS service available. Opnor to ALSO is prior to paramedic arrival. If no field ALS service, "prior
to ALSO is prior to arrival at hospital
4 No of EMT -ID responses to oatlents suffenno cardiac arrest whose Initial rhvthm was:
RHYTHM
Initial rhythm
Of these, # witnessed
Ventricular fibrillation
Ventricular tachycardia
Asystole
Other
73
-is-
DEPARTMENT OF HEALTH SF -WCES Exhibit B
COUNTY OF LOS ANGELES
SUBJECT: EVT-I OEMBRILLATION REFERENCE NO 412
(ENIT-IO) PROGRAM APPROVAL
PURPOSE: To establish policies and procedures for EIAT -1 Defibrillation in Los Angeles
County.
AUTHORITY: California Code of Regulations, Title 22, Chapter 2, Title 22, Section 100064
POLICY I. EMT -I Defibrillation Program Approval Process
A. Agencies employing certified E4IT4s who are seelung approval to
implement EMT-1 Defibrillation (ECM -ID) shall submit the following
tnformabon to the EMS Agency:
1. A description of the need for use of EMT -I defibrillation
within its service area, including the number of cardiac
arrest victims to which the agency currently responds
2. A description of the geographic area within which EMT -I
defibrillation will be utilized.
3. Identification and location of the proposed equipment and
personnel to be trained.
4. The name of a physician licensed in the State of California
who is Board certified by the American Board of Emergency
Medicine who will accept the responsibility of the EMT -ID
Program Medical Director, including medical control under
his/her Jurisdiction.
5 The specific type (automatic or semi - automatic) and brand
name of defibrillation equipment proposed for use
6 A statement on agency letterhead expressing willingness to
abide by all EMS Agency policies and procedures
EMT -ID Training Program Requirements
A The EMS Agency will approve only those EMT -ID training
programs that are provided by agencies employing certified EMT -I
personnel
8 Individuals not employed by an approved agency with additional
approval to provide EMT -ID shall not be eligible for EMT -ID training
or accreditation.
EFFECTIVE DATE 8-1 -88 PAGE 1 OF 4
REVISED 9-1 -96
SUPERSEDESS %7 -91
FIPPROVEUG� `
lir Agen
-16-
XkX J ,
Medical Dtrectof, EMS Agency
74
SUBJECT. EMT4 DEFIBRILLATION REFERENCE NO 412
(EMT4D) PROGRAM APPROVAL
C. Approved agencies shall:
1. Utilize the EMT -ID training program approved or provided
by the EMS Agency, including the final written and skulls
examinations.
2. Provide a minimum of four and a half (4.5) hours of initial
training in EMT -ID (excluding testing).
3. Provide all training equipment necessary to ensure a sound
EMT -ID training program (.e., manikins, defibrillation
devices, audio-visuals aids, etc.).
4. Utilize automatic or semi - automatic defibrillation devices
approved by the EMS Agency. For training purposes, the
equipment must include rhythm simulator.
5. Utilize only EMT -ID instructors (currently licensed physician
or nurse or currently certified EMT -P) qualified by education
and/or experience to teach the curriculum required for
EMT -ID. Instructors shall be approved by the EMS Agency
utilizing the Principal Instructor Information Form (Ref. No
412.2).
Inform the EMS Agency of all course dates, times and
locations
Abide by the Accreditation Process outlined in Ref
No 1022.
B. Provide periodic refresher training to individuals accredited
as EMT -IDs as needed.
9. Require each individual accredited in EMT -ID to
demonstrate defibrillation skill proficiency at intervals not to
exceed every sic (6) months This shall be observed and
documented by the EMT -ID Program Medical Director or
his/her designee (Ref No 1022)
10 Request advanced approval of the EMS Agency, for any of
the following
Changes in the program medical director
designation
b. Changes in principal instructor(s) designation
Changes in curriculum or course hours
d Changes in defibrillation equipment
PAGE 2 OF 4
75
_1'7_
SUBJECT EMT4 DEFIBRILLATION REFERENCE NO 412
(EMT4D) PROGRAM APPROVAL
III. Records/Data Collection
A An EMS Report or other approved EMS form shall be
completed for each patient on whom the defibrillator device
is applied. In addition to data normally recorded, the report
shall include the following information
Time of patient collapse
2. Time from collapse to initiation of CPR (bystander)
3. EMT -ID team member name
4 EMT -ID box checked
8 Each EMT -ID response shall be recorded on a tape
cassette or PC card which is an integral part of the
defibnllator device
C The provider agency shall develop procedures for
collection, disposition, and retention of all pertinent medical
records in accordance with Ref. No 610 Such records
shall include the EMS Report or other approved EMS fors
and the original tape cassette or PCMCIA card data, for
each patient on whom the automatic or semiautomatic
defibrillator device is applied.
D All relevant records for EMT -ID program monitoring and
evaluation shall be available for review by the EMS Agency
E Required information shall be reported annually to the local
EMS Agency (Ref. No 412.1) These reports are due by
March 1 for the previous calendar year
IV EMT -ID Program Medical Director Responsibilities
The EMT -ID Program Medical Director shalt
A Oversee administration of the EMT -ID training program
B Ensure utilization of the EMT -ID training program provided
by the EMS Agency.
C Oversee the coordination of all clinical/field activities related
to EMT -1D
0 Recommend individuals for EMT -10 accreditation (Ref No
1022) by signing the EMT -I Defibrillation Course
Completion Roster (Ref No 1022 1)
PAGE 3OF4
-is- 76
SUBJECT EMT -1 DEFiER1LLATION REFERENCE NO 412
(Ehl ,,740) PROGRAM APPROVAL
E. Personally conduct a timely review of 100% of EMT -10
responses.
F Ensure that a mechanism is established to provide
feedback to EMT -IDs regarding performance
G Ensure that periodic refresher training and/or structured
clinical experience is conducted as needed, e.g , in -house
drills or CE programs.
H. Ensure that demonstration of defibrillation skill proficiency is
conducted and documented at intervals not to exceed every
sox (6) months.
Ensure that all aspects of the EMT -ID training program are
in compliance with policies and procedures of the EMS
Agency.
J Notify the EMS Agency in writing of individuals failing to
maintain the following:
1 Continuous certification as an EMT -1
2. Defibrillation skill competency at least every six (6)
months
3 Acceptable EMT -ID field performance
K Provide the EMS Agency with annual reports (Ref No
412.1).
L Facilitate coordination between EMT -Ps and EMT -IDs
M. Develop procedures for collection and disposition of
cassette tapes, PCMCIA cards data, and EMS Report of
other approved EMS form
CROSS
REFERENCE Prehospital Care Policy Manual
Ref No 412. 1, EMT4 Defibrillation Annual Report
Ref No 412.2, Principal Instructor Information Form
Ref No 1022, EMT4 Defibrillation Accreditation Process
PAGE 4 OF 4
-19-
77
Exhibit C
Fees
CE Programs and QI Services
EMT -D Education and Services
Development of Primary Education
Coordination and Competency Testing
$15,000 per year ($1,250 per month)
$5,000 (one time fee)
$6,000 per year
20 -
78
Exhibit D
Insurance
I. Department
Department at its sole cost and expense shall insure its activities in connection
with this Agreement by maintaining programs of insurance or self - insurance as
follows
1 General Liability Self - Insurance with a Immt of five nulhon dollars
($5,000,000) per occurrence
2 Business Automobile Liability Self- Insurance Program for owned, non -
owned, or hired automobiles with a combined single limit of not less than
five million dollars ($5,000,000) per occurrence.
3 Professional Medical Self - Insurance Program with limits of five million
dollars ($5,000,000) per occurrence
4 Workers' Compensation and Employers Liability Self- Insurance Program
covering City's full liability under the Workers' Compensation Insurance
and Safety Act of the State of California as amended from time to tune.
5 Such other insurance in such amounts which from time to time may be
reasonably required by mutual consent of the parties against other
insurable nsks relating to performance
It should be expressly understood, however, that the coverages required under
Sections 1, 2, and 3 above shall not in any way limit the liability of Department
and the City.
The coverages referred to under Sections 1 and 2 above shall include UCLA as an
insured Such a provision, however, shall apply only in proportion to and to the
extent of the negligent acts or omissions of Department and the City, its officers,
employees and agents under this Agreement Department and the City, upon
execution of this Agreement, shall furnish UCLA with Certificates of Self -
Insurance evidencing compliance with all requirements
U. UCLA
UCLA at its sole cost and expense shall insure its activities in connection with
this Agreement by maintaining programs of self - insurance as follows
1 General Liability Self - Insurance with a limit of five mullion dollars
($5,000,000) per occurrence.
2 Business Automobile Liability Self- Insurance Program for owned, non -
owned, or hired automobiles with a combined single limit of not less than
five million dollars ($5,000,000) per occurrence
3 Professional Medical and Hospital Liability Self - Insurance Program with
limits of five million dollars ($5,000,000) per occurrence
21-
79
4 Workers' Compensation and Employers Liability Self- Insurance Program
covering University's full liability under the Workers' Compensation
Insurance and Safety Act of the State of California as amended from time
to time
5 Such other insurance in such amounts which from time to time may be
reasonably required by mutual consent of the parties against other
insurable risks relating to performance
It should be expressly understood, however, that the coverages required under
Sections 1, 2, and 3 above shall not in any way limit the liability of UCLA.
The coverages referred to under Sections 1 and 2 above shall include Department
and City as insureds Such a provision, however, shall apply only in proportion to
and to the extent of the negligent acts or omissions of UCLA, its officers,
employees and agents under this Agreement UCLA, upon execution of this
Agreement, shall furnish Department with Certificates of Self- Insurance
evidencing compliance with all requirements
III. NOTICE
Each party shall provide the other with at least thirty (30) days advance written
notice to the names set forth in Article 9 of this Agreement of any changes,
modifications or cancellations of the above coverages
22 -
80
EL SEGUNDO CITY COUNCIL MEETING DATE' September 4, 2001
AGENDA ITEM STATEMENT AGENDA HEADING- Consent Agenda
AGENDA DESCRIPTION.
Adopt plans and specifications for the Rehabilitation of Sanitary Sewer Pump Station
No 6 — Project No PW 01 -12 - Approved Capital Improvement Project — (estimated
cost = $397,635.00)
RECOMMENDED COUNCIL ACTION
Adopt plans and specifications and authorize staff to advertise the protect for receipt of
construction bids
BACKGROUND AND DISCUSSION
The fiscal year 2000 -2001 Capital Improvement Program includes refurbishment of
Sewer Pump Station No 6 This station is located below street level at 1465 East Palm
Avenue Pump Station No 6 serves the general area bordered by Oak and Elm
Avenues, and California and Washington Streets.
(Additional discussion continues on the next page
ATTACHED SUPPORTING DOCUMENTS-
Location map
FISCAL IMPACT
Capital Improvement Project*
Amount Requested.
Account Number-
Project Phase
Appropriation Required.
$577,40600
$397,63500
301 -400- 8204 -8468
Adoption of plans and specification
No
ORIGINATED BY* j , Date
(mil 1� C4'.4- Grn=
77��✓
AUG 2.,q ?nnt
PW- COUNCIL 091,SEPTEMBER 04 03 (Monday 081271014 GOP M) 9
I
ADDITIONAL BACKGROUND AND DISCUSSION:
The pump station was built in 1953 and refurbished in 1981 Generally, sewer pump
stations need refurbishment every ten (10) years beyond which they become unreliable
and need frequent maintenance This station has been repaired several times to keep it
operational and is now in need of complete refurbishment, since replacement parts are
no longer available
The consultant's total estimated cost of the project, including costs for the protect
manager and construction contingencies, is $397,635.00 The scope of the proposed
refurbishment includes sealing of the wet well, replacement of all pump and electrical
controls, and other miscellaneous improvements
PW- COUNCILOMEPTEMBER 0403(Monday 08127/014 OOP M) 82
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83
EL SEGUNDO CITY COUNCIL MEETING DATE: September 4, 2001
AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION
Approve formal City Council opposition to S 633 and H R 2107
RECOMMENDED COUNCIL ACTION:
Authorize staff to prepare necessary correspondence for the Mayor's signature stating
the City Council's opposition to S 633 and H R. 2107
BACKGROUND & DISCUSSION
Over the past several months, members of the United States Senate and House of
Representatives have introduced various bills concerning airport issues Recently, it
has come to the attention of members of Council and staff that S 633 and H R. 2107
are two bills that contain language that could potentially undermine the City of El
Segundo's efforts to constrain growth at LAX and promote a truly regional airport plan
S 633 is entitled the "Aviation Delay Prevention Act " Section 3, paragraph 3 of the
legislation indicates that the Secretary of Transportation may be granted "additional
authority to alleviate airport congestion and overscheduling and to expedite construction
related to the expansion of airport capacity." While the language does not state
(Please see attached page marked "Background and Discussion (con't) ")
ATTACHED SUPPORTING DOCUMENTS:
Text copies of S 633 and H.R 2107
FISCAL IMPACT: None
Operating Budget:
Amount Requested.
Account Number:
Project Phase.
Appropriation Required-
8 10
Background and Discussion (con't):
specifically what "additional authority" may be granted to the Secretary of
Transportation, staff is concerned that it represents the potential to erode local control
with respect to airport issues As such, it is logical to conclude that such legislation
could ultimately reduce the impact that El Segundo, and all other local and regional
entities with concerns related to airport expansion, to affect airport expansion policies
Accordingly, staff recommends that the City Council oppose S 633
H R 2107 is entitled "End Gridlock at Our Nation's Critical Airports Act of 2001 " This
bill seeks to expedite airport construction and expansion by preempting State laws
requiring approval of airport development projects. It is generally considered that this
bill has been introduced to benefit current projects related to Chicago- O'Hare
International Airport Additionally, it does not appear that the bill, in its current form,
would have any impact on the current status of LAWA's efforts to expand LAX
However, the bill is problematic because it includes provisions that seek to preempt
local control over airport development issues, and it includes language that seeks to
enhance the authority of the Secretary of Transportation to circumvent State and local
standards "if the project meets the standards established by the Secretary of
Transportation " Similar to the reasons stated for opposing S 633, staff recommends
that the City Council oppose H.R 2107 because of the potential negative impacts on
local control over airport development issues
Both bills are likely to be amended significantly prior to the end of the current session of
Congress S 633, for example, has already been amended Once the amendments are
in print and available, staff will forward that language to the members of the City
Council Staff recommends that the City Council authorize staff to prepare the
appropriate correspondence for the Mayor's signature stating the City's opposition to S
633 and H R 2107
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Aviation Delay Prevention Act (Introduced in the Senate)
S 633 IS
107th CONGRESS
1st Session
MMQ
To provide for the review and management of airport congestion, and for other purposes.
IN THE SENATE OF THE UNITED STATES
March 27, 2001
Mrs HUTCHISON (for herself and Mr ROCKEFELLER) introduced the following bill, which was
read twice and referred to the Committee on Commerce, Science, and Transportation
A BILL
To provide for the review and management of airport congestion, and for other purposes
Be it enacted by the Senate and House of Representatives of the United States ofAmerica in
Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the 'Aviation Delay Prevention Act'
SEC. 2. DEFINITIONS.
In this Act
(1) AIR CARRIER - The tears 'air carver' has the meaning given that term in section
40102(a)(2) of title 49, United States Code.
86
file //C \My Documents \S 633 Airport Congrestion htm 8/23/01
Page 2 of 5
(2) ENPLANEMENT- The term ' enplanement' means the annual number of passenger
enplanements, as determined by the Secretary of Transportation, based on the most
recent data available
(3) LARGE HUB AIRPORT- The term 'large hub airport' has the meaning given that
term in section 47134(d)(2) of title 49, United States Code.
(4) ON -TIME DEPARTURE - The term 'on-time departure' means with respect to a
scheduled passenger flight that the flight is airborne within 20 minutes of the time it is
scheduled to depart
(5) OVERSCHEDULING- The term'overschedulmg' means the practice by an air
carrier or air carriers of scheduling the time for the departure of flights at an airport in
excess of the number of flights that the airport can accommodate for departure at that
time
(6) SECRETARY - The term 'Secretary' means the Secretary of Transportation
SEC. 3. FAA STUDY AND REPORT.
(a) IN GENERAL- Not later than the date that is 1 year after the date of enactment of this Act,
and each year thereafter for 5 years, the Secretary shall complete a review and report to the
Committee on Commerce, Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives regarding air carrier
overscheduhng at large hub airports.
(b) SCOPE OF REVIEW AND REPORT - The review and report described in subsection (a)
shall include the following.
(1) The hourly departure and arrival capacity at each large hub airport, including
variation of capacity based on air traffic control and other factors.
(2) The hours when departures and arrivals at each large hub airport are overscheduled
and the airport operates above capacity
(3) An analysis of the congestion mitigation authority of the Secretary and
recommendations for providing the Secretary with additional authority to alleviate
airport congestion and overscheduling and to expedite construction related to the
expansion of airport capacity
SEC. 4. LIMITED EXEMPTION FROM ANTITRUST LAWS.
(a) IN GENERAL- Subchapter I of chapter 417 of title 49, United States Code, is amended by
adding at the end the following new section
'Sec. 41722. Limited exemption from the antitrust laws
'(a) DEFINITION- In this section, the term 'antitrust laws' has the meaning given that term in
87
filed /C \My Documents \S 633 Airport Congrestion htm 8/23/01
Page 3 of 5
the first section of the Clayton Act (15 U S.C. 12)
(b) COOPERATIVE SCHEDULING AGREEMENTS-
'(1) AUTHORITY - An air carrier may file with the Secretary of Transportation a request
for authority for a group of 2 or more air carriers to discuss cooperative scheduling
arrangements, if the sole purpose of the discussions is to reach an agreement between the
air carriers to reduce overscheduling and flight delays during hours of peak operation
and during periods of inclement weather at any large hub airport The Secretary shall
grant or deny the request within 30 days after it is received
'(2) AGREEMENT - An air carrier shall file with the Secretary of Transportation, for the
approval by the Secretary, a true copy of an agreement reached under paragraph (1)
(c) APPROVAL BY THE SECRETARY-
'(1) IN GENERAL- Within 60 days after receiving a copy of an agreement under
subsection (b), the Secretary of Transportation shall approve the agreement and issue an
order containing that approval, if the Secretary finds that the agreement—
(A) will reduce congestion at the affected airport,
(B) will not reduce service to small communities; and
(C) is not adverse to the public interest
(2) GROUNDS FOR DISAPPROVAL-
'(A) The Secretary shall disapprove or revoke approval of an agreement filed
under subsection (b), if after review, the Secretary finds that any discussion or
agreement entered into as a result of that filing substantially reduces or eliminates
competition
'(B) Notwithstanding subparagraph (A), the Secretary may approve a request or an
agreement filed under subsection (b) if the Secretary finds that --
'(i) the request or agreement is necessary to meet a serious transportation
need or to achieve important public benefits, and
'(ii) the transportation need cannot be met or the benefits cannot be
achieved by reasonably available alternatives that are materially less
anticompetitive.
(3) NOTICE AND OPPORTUNITY TO RESPOND; HEARINGS-
'(A) NOTICE AND OPPORTUNITY TO RESPOND - When a request or an
agreement is filed with the Secretary under subsection (b), the Secretary shall give
the Attorney General written notice of, and an opportunity to submit written
comments about, the filing
r $A
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Page 4 of 5
'(13) HEARING- On the initiative of the Secretary, or at the request of the
Attorney General, the Secretary may conduct a hearing to decide if a request or
agreement filed under subsection (b) should receive or retain approval
'(d) EXEMPTION AUTHORIZED - When the Secretary finds that it is required by the public
interest, the Secretary, as part of an order issued under subsection (c)(1), shall exempt a person
affected by the order from the antitrust laws to the extent necessary to allow the person to
proceed with the activities approved in the order
'(e) DOT PARTICIPATION - The Secretary shall ensure that the Department is represented at
any such meetings authorized under this section.'
(b) CONFORMING AMENDMENT- The chapter analysis for chapter 417, of title 49, United
States Code, is amended by inserting after the item relating to section 41721 the following new
item
41722 Limited exemption from the antitrust laws:
SEC. 5. EXPEDITED COORDINATED ENVIRONMENTAL REVIEW PROCESS.
The Secretary of Transportation shall develop and implement an expedited coordinated
environmental review process for airport capacity- enhancement projects that --
(1) provides for coordination among the Federal, regional, State, and local agencies
concerned with the preparation of environmental impact statements or environmental
assessments under the National Environmental Policy Act of 1969 (42 U.S.0 4321 et
seq.),
(2) provides for an expedited and coordinated process in the conduct of environmental
and judicial reviews that ensures that the reviews are done concurrently and not
consecutively, and
(3) provides for a date certain for completing all environmental reviews
SEC. 6. CHIEF OPERATING OFFICER.
Section 106(r)(2) of title 49, United States Code, is amended to read as follows:
'(2) COMPENSATION - The Chief Operating Officer shall be paid at an annual rate of
basic pay determined by the Secretary of Transportation before the appointment and
without regard to any other provision of law. The Chief Operating Officer shall be
subject to the post - employment provisions of section 207 of title 18 as if the positron of
Chief Operating Officer were described in section 207(c)(2)(A)(i) of that title'.
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file HC \My Documents \S 633 Airport Congrestion.htm 8/23/01
HR 2107 IH
107th CONGRESS
1st Session
H. R. 2107
Page 1 of 2
To amend title 49, United States Code, to preempt State laws requiring a certificate of approval or
other form of approval prior to the construction or operation of certain airport development projects,
and for other purposes
IN THE HOUSE OF REPRESENTATIVES
June 7, 2001
Mr LIPINSKI introduced the following bill; which was referred to the Committee on Transportation
and Infrastructure
A BILL
To amend title 49, United States Code, to preempt State laws requiring a certificate of approval or
other form of approval prior to the construction or operation of certain airport development projects,
and for other purposes
Be it enacted by the Senate and House of Representatives of the United States ofAmerica in
Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the 'End Gridlock at Our Nation's Critical Airports Act of 2001'
SEC. 2. PREEMPTION OF STATE LAWS REQUIRING APPROVAL OF
AIRPORT DEVELOPMENT PROJECTS.
(a) IN GENERAL- Chapter 401 of title 49, United States Code, is amended by adding at the
end the following
'See. 40129. Preemption of State laws requiring approval of airport development projects
'(a) IN GENERAL- No State, political subdivision of a State, or political authority of at least 2
States may enact or enforce a law, regulation, or other provision having the force and effect of
law that --
'(1) requires a certificate of approval or other form of approval prior to the construction
or operation of an airport development project at a covered airport if the project meets
the standards established by the Secretary of Transportation under section 47105(b)(3), 91
mhtml file //C \My Documents\HR 2107 - Airport Construction.mht 8/23/01
Page 2 of 2
whether or not the project is the subject of a grant approved under chapter 471, or
'(2) prohibits, conditions, or otherwise regulates the direct application for, or receipt or
expenditure of, a grant or other funds by the sponsor of a covered airport under chapter
471 for an airport development project at a covered airport if the project meets the
standards referred to in paragraph (1)
'(b) COVERED AIRPORT DEFINED- In this section, the term'covered airport' means an
airport that each year has at least 25 percent of the total annual boardings in the United
States '
(b) CONFORMING AMENDMENT- The analysis for such chapter is amended by adding at
the end the following new item
40129 Preemption of State laws requiring approval of airport development projects'
IXJII.
92
mhtml file //C UMy Documents\HR 2107 - Airport Construction.mht 8/23/01
EL SEGUNDO CITY COUNCIL MEETING DATE- September 4, 2001
AGENDA ITEM STATEMENT AGENDA HEADING* Consent Agenda
AGENDA DESCRIPTION:
Request for proposals to retain professional services for various public works projects —
(Fiscal Impact — none at this time)
RECOMMENDED COUNCIL ACTION.
Authorize staff, conditional upon approval by Council, to solicit proposals from firms,
which specialize In various disciplines related to public works projects
BACKGROUND AND DISCUSSION*
The proposed FY 2001 -02 budget Includes new capital improvement and Infrastructure
upgrade projects for Implementation The current staffs workload and design expertise
limits staff design work to Infrastructure upgrade projects that do not need extensive
design work Involving specialized disciplines
Staff Is proposing retaining specialty firms for designing projects (enclosed list), and
requests City Council approval to solicit proposals City Council approval for awarding
these contracts that exceed $10,000 00 will be requested for each individual project
after staff review of the received proposals
ATTACHED SUPPORTING DOCUMENTS'
List of projects proposed for design by specialty firms
FISCAL IMPACT None at this time
Capital Improvement Project
Amount Requested.
Account Number:
Project Phase-
Appropriation Required
Various account numbers
Solicit Proposals
No
ORIGINATED BY Date-
AUG
AUG
REVIEWED BY izi / Date,
PWSEPTEMBER 04 04 (Monday 08/27/01 4 00 P M)
n
PUBLIC WORKS PROJECTS
(Fiscal Year 2001 -2002)
PROJECT NAME
BUDGETED AMOUNT
Duley Road Improvements
$316,000
Police Department HVAC and Replacement
$143,000
Library HVAC Replacement
$ 88,000
Sewer Pump Stations Refurbishment (Stations 9, 1 and 12)
$580,000
Skateboard Park
$175,000
Hilltop Park Pool Improvements
$136,000
Acacia Park Irrigation System
$ 35,500
Camp Eucalyptus
$205,000
Swim Stadium Upgrades
$480,000
Recreation Park Electrical Upgrades
$429,000
Maintenance Facility Generators
$ 60,000
City Hall Improvements
$666,350
Intersection Renovations
$ 75,000
Sewer Main Repair
$900,000
Maintenance Facility Clarifier
$ 97,750
Fire Station No 1 Office Expansion
$ 50,000
Waterman Replacement
$600,000
GPS Equipment
$ 16,850
Document Imaging Phase II
$ 52,500
City Contour Maps
$ 35,000
40 Mobile Radios and 6 Base Stations
$ 60,000
GIS Technical Advisor
$ 80,000
GIS Contract Support Staff
$ 20,000
Contract Consultant Project Management
$158,000
Contract Public Works Inspector
$150,000
Portable Generators
$ 79,900
Remote Meter Reading System
$ 38,000
Smoke Testing of Storm Drains
$ 18,000
Wastewater Foam Cleaning
$ 70,000
Maintenance of City Hall HVAC
$ 22,100
Maintenance Facility Security System
$ 7,050
Engineering Services for Traffic Engineering, $ 60,000
Surveying and Geotechnical Work on a Need Basis
PW SEPTEMBER 04 04 (Monday Oa/27/01 4 00 P M )
q4
EL SEGUNDO CITY COUNCIL MEETING DATE: September 4, 2001
AGENDA ITEM STATEMENT AGENDA HEADING: Consent
AGENDA DESCRIPTION: Request for approval to accept a Bureau of Justice
Assistance Local Law Enforcement Block Grant awarding $16,941 in grant
funding with a $1,882 cash match from Asset Forfeiture funds
RECOMMENDED COUNCIL
Approve request
BACKGROUND & DISCUSSION. On July 17, 2001, the Police Department received
an application outlining eligibility and program requirements for obtaining grant
funding from the Bureau of Justice Assistance The grant application has been
submitted, as the deadline was August 2, 2001 The funds must be used for one
of the seven law enforcement related reasons as listed in the staff report
The Police Department is requesting to continue with the grant application
process to the U S Bureau of Justice Assistance to receive $16,941 of block
grant funds The grant - funding program requires a match of $1,882 to be made
by the City This can be made with Asset Forfeiture funds
In addition to the match, a public hearing identified as an agenda item and held
during a regularly scheduled city council meeting, is required Also, an advisory
board consisting of representatives from units of local government (e g , law
enforcement, court system, public school system, etc ) will be established and
convene once to review the grant application and to offer non - binding
recommendations
ATTACHED SUPPORTING DOCUMENTS:
Staff report by Sergeant Carlos Mendoza
FISCAL IMPACT.
Operating Budget: None
Amount Requested $1,882.00
Account Number: 109 -400- 3105 -6214
Appropriation required: YES — Asset Forfeiture Fund
DATE: August 23, 2001
. ief of Police
DATE:
n, City Manager
8/27/01 1140 AM
'715 2
C4!4 /J a 'rj-le�4'
INTER - DEPARTMENTAL CORRESPONDENCE
August 21, 2001
To Jack Wayt, Chief of Police
From Carlos Mendoza, Administrative Sergeant tjov 6
Subject Request approval to accept a Bureau of Justice Assistance Local Law Enforcement Block
Grant ( LLEBG) of$16,941
On July 17, 2001, the Police Department received an application outlining eligibility and program
requirements for obtaining grant funding from the Bureau of Justice Assistance (BJA) The grant application
has been submitted, as the deadline was August 2, 2001 On August 12, 2001, the BJA approved the award
for the FY 2001 LLEBG
The Police Department is requesting to continue with the grant application process to the U S Bureau of
Justice Assistance to receive $16,941 of block grant funds The grant- funding program requires a match of
$1,882 to be made by the City This can be made with Asset Forfeiture funds.
The funds will be used in accordance with one of the following seven purpose areas listed below
1. Support Law Enforcement
Hiring, training, and employing on a continuing basis, additional law enforcement officers
and necessary support personnel
Paying overtime to currently employed law enforcement officers and necessary support
personnel to increase the number of hours worked by such personnel.
Procuring equipment, technology, and other material directly related to basic law
enforcement functions
2. Enhance Security Measures in and around schools and in and around other facilities or
locations that the unit of local government considers special risks for incidents of crime.
3. Establish or Support Drug Courts
4. Enhance the adjudication of cases involving violent offenders, including cases involving violent
Juvenile offenders.
5. Establishing a multi - jurisdictional task force, particularly in rural areas, composed of law
enforcement officials representing units of local government. This task force must work with
federal law enforcement to prevent and control crime.
or
and law enforcement personnel to control, detect, or investigate crime, or to prosecute
criminals.
7. Defraying the cost of indemnification insurance for law enforcement officers.
The grant application does list prohibitions on use of funds LLEBG funds are not to be used to purchase,
lease rent, or acquire tanks or armored vehicles, fixed -wing aircraft, limousines, real estate, yachts, or any
vehicle not used primarily for law enforcement Nor are funds to be used to retain individual consultants or
construct new facilities Likewise, federal funds are not to be used to supplant state or local funds Rather,
they are to be used to increase the amount of funds that would otherwise be available from state and local
RIGIVIIINI
In addition to the match amount by the city, an advisory board must be convened, and a public heanng held
The advisory board must include a member from each of the following local organizations law enforcement
agency, prosecutor's office, court system, school system, and a nonprofit group (e g educational, religious,
community) active in crime prevention or drug -use prevention or treatment The board must be designated
to make non - binding recommendations for the proposed use of funds received under this program
Each Junsdiction shall also hold at least one public hearing regarding the proposed use of funds prior to the
obligation of funds Jurisdictions should encourage public attendance and participation
I recommend that we seek approval from the City Council to accept the BJA award and propose to use Asset
Forfeiture funds to fulfill the match requirement
Sincerely,
Carlos A Mendoza
97
EL SEGUNDO CITY COUNCIL MEETING DATE: September 4, 2001
AGENDA ITEM STATEMENT AGENDA HEADING: New Business
AGENDA DESCRIPTION:
Staff to seek City Council direction regarding the acquisition of land for
recreational purposes from Thomas Properties
RECOMMENDED COUNCIL ACTION:
Direct staff to negotiate for the acquisition of land in an area bounded by
Manposa Ave , Douglas St, Atwood Way and Nash St. for recreational purposes
BACKGROUND & DISCUSSION:
In response to the rapidly growing community demand for more recreational
areas, staff is seeking City Council direction to acquire a portion of the property
currently under the control of Thomas Properties The intended use of the land
would be to develop facilities for sports such as soccer, baseball, volleyball,
tennis and swimming
For references purposes, Thomas Properties has proposed to build a mixed use
project known as the El Segundo Corporate Campus on a 46 acre site currently
owned by the FedEx Corporation This is one of the last remaining large
undeveloped properties that could accommodate play fields requiring a few acres
of flat land In addition, this location will allow for lighting fields that will not affect
residential areas A Development Agreement is currently being negotiated that
will provide the necessary entitlements for the applicant and will be the
instrument to accomplish the property acquisition
ATTACHED SUPPORTING DOCUMENTS:
N/A
FISCAL IMPACT:
Operating Budget:
N/A
Amount Requested,
N/A
Account Number:
N/A
Project Phase:
N/A
Appropriation required-
N/A
OP�61NATED: DATE: k/zelp
J Hansen, Director
Community, Economic & Development Services
DATE:
City Manager
13
EL SEGUNDO CITY COUNCIL
AGENDA ITEM STATEMENT
MEETING DATE: September 4, 2001
AGENDA HEADING: Reports - City Council
A request has been received for Council to send a letter to Senator Debra Bowen on behalf
of the Southern California Cities Joint Powers Consortium relating to an amendment to
SBX 27 to provide an opportunity for community aggregators to receive direct access
priority and the option to undertake direct access with reduced or eliminated exit fees The
amendment would assist the Consortium In Implementing a community aggregation
program providing better electricity service and rates to constituents
RECOMMENDED COUNCIL ACTION
Discussion and possible action
BACKGROUND & DISCUSSION
On August 23, 2001, the Legislative Analyst of the City of Culver City asked all members of
the Consortium to approve the sending of a letter on behalf of the Consortium or individually
by each member city to Senator Bowen The proposed letter was drafted by Yvonne Hunter,
a League of California Cities Policy Analyst It is the concern of the Consortium that the
Senate Bill as written may offer a potential for large industrial users to take advantage of the
increment and direct access opportunities, thus limiting the opportunities for cities that wish
to pursue community aggregation
ATTACHED SUPPORTING DOCUMENTS
Facsimile and draft letter received from City of Culver City
FISCAL IMPACT None
Operating Budget
Amount Requested
Account Number.
Project Phase
Appropriation Required Yes— No X
ORIGINATED DATE: August 29, 2001
-John Gaines, Council Member
REVIEWED B DATE
Mary S nn, Cdy Manager
14
4�
AUG 23 '0. 03 41 °r AXIN /C:Tv ATTORNEY
City of Culver City
9770 Culver Boulevard
Culver City, California 90232 -0507
Facsimile Cover Sheet
To:
Company,
Phone:
Fax:
From:
Company:
Phone:
Fax:
Date-
Pages including this
cover page:
Comments:
Mike Gordon, Mayor;
John Gaines, Councilmember
City of El Segundo
310.615 -2313
310- 322 -7137
Carol Gross, Vice Mayor
City of Culver City
310.836 -1068
310.841 -2866
August 23, 2001
3
Dear Members of Southern California Cities Joint Powers Consortium:
Enclosed is a draft of the letter on behalf of the Consortium to Senator Bowen
with a request of amending SB 27XX This letter was prepared in collaboration
with Yvonne Hunter, League of California Cities Policy Analyst, per the motion at
the August Elth meeting
We would appreciate you written comments no later than August 29, 2001
If you would like to receive an electronic version of the letter, so that you can put
it on your City's letterhead, please let me know via e-mail Please do not hesitate
to contact me with any other questions or concerns you may have You can
reach me at 310- 253 -6015 or mike ooloskerCdculvercity ora
Sincerely,
Mike Golosker
Legislative Analyst
City of Culver City
160
PJG 23 '0: 03.420r An-MIN /C:TY P'TORhE"
a 9
C
i
Wilk' A!�
Executive Director
`Ibert �enl
sep..rveda 5,%d
_•C.•v CA 9'2?
Cha.rpersor
b i(e- ChA'rpenar
A )(IQ, Woe' K)ne
August 23, 2001
Senator Debra Bowen
State Capitol, Room 4040
Sacramento, CA 95814
RE: SB 27XX Direct Access -- Request for Amendments
Dear Senator Bowen
On behalt of the Southern California Cities Joint Powers Consortium which
includes the cities orCarsor„ Culver City, El Segundo, Gardena, Hawtnome,
Inglewood, Lawridale, Lomita, Redondo Beach, West Ho lywood, we wish to
request an amendment to SB 27XX that would assist us in implementing a
community aggregation program to provide better electricity service and rates to
our constituents
The Consortium was created in 1995, with the purpose of providing an additions:
means for members to improve the quality and reduce the cost of utilities to their
saretap eoole and businesses b buying P Y g direct from the source
We believe such an opportunity for reduced or eliminated exit fees should be
given to community aggregators given the service we will be providing to our -
constituents who are unlikely to be able to aggregate by themselves We are
concerned tnere may be a potential for large industrial users to take advantage of
the increment and direct access opportunities, thus limiting the opportunities for
cities like ours that wish to pursue community aggregation
soutnrm Catdornia Cities Joint Puwvr, Consortium
We understand that existing law authorizes the Public Utilities Commission to
nbcr lines
end direct access We also understand and recognize the importance of ensuring
:,.,, t • ;
an adequate revenue stream to pay back the bonds sold by the Department of
Water Resources (DWR) to pay for its energy purchases for customers of
'r
Southern California Edison. and PG &E Finally, we acknowledge the need to
emare that the actions of future direct access customers do not Jeopardize that
revenue wear o- shift costs to other ratepayers
Therefore, we respectfully request tnat you amend SB 27XX to provide an
opportunity to community aggregators to receive direct access pnonty and the
opuor. to undertake direct access with reduced or eliminated exit fees, to the
extent that there is an increment of energy demand not met by power purchased
`SUA grrter ,r
t;.
by DWR Current!y your bill provides this opportunity for residential and small
commercial customers We believe that community aggregators should be
included as well,
We believe such an opportunity for reduced or eliminated exit fees should be
given to community aggregators given the service we will be providing to our -
constituents who are unlikely to be able to aggregate by themselves We are
concerned tnere may be a potential for large industrial users to take advantage of
the increment and direct access opportunities, thus limiting the opportunities for
cities like ours that wish to pursue community aggregation
soutnrm Catdornia Cities Joint Puwvr, Consortium
AJG 23 'e: 23 42aN ADMINzCITY ATTORNEY
W e would be happy to discuss this issue with you at your convenience Thank you for
your time and consideration of our position or. this legislation
Sincerely,
Carol Gross
Chairperson, Southern Ca:ifonaa Cities Joint Power Consortium
cc Assembly Member Carol Migden
Albert Vera, Executive Director of the Consortium
Harold Hoffman, Mayor City of Lawndale
Ken Blackwood, Mayor City of Lomita
Mike Gordon, Mayor City of El Segundo
Don Dear, Mayor City of Gardena
Larry Guidi, Mayor City of Hawthorne
Roosevelt Dom, Mayor City of Inglewood
John Parsons, Councilmember City of Redondo Beach
Sal Guierriello, Councilmember City of West Hollywood
Manual Onta:, Councilmember City of Carson
Howard Choi, Los Angeles County Energy Manager
Yvonne Hunter, League of California Cities
1'1?