The URL can be used to link to this page

2003 APR 01 CC PACKETAGENDA EL SEGUNDO CITY COUNCIL COUNCIL CHAMBERS - 350 Main Street The City Council, with certain statutory exceptions, can only take action upon properly posted and listed agenda items. Unless otherwise noted in the Agenda, the Public can only comment on City - related business that is within the jurisdiction of the City Council and /or items listed on the Agenda during the Public Communications portion of the Meeting. During the first Public Communications portion of the Agenda, comments are limited to those items appearing on the Agenda. During the second Public Communications portion of the Agenda, comments may be made regarding any matter within the jurisdiction of the City Council. 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 second Public Communications portion of 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.m. the prior Tuesday). Other members of the public may comment on these items only during this second Public Communications portion of the Agenda. 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, APRIL 1, 2003 — 5:00 P.M. Next Resolution #4303 Next Ordinance #1359 5:00 P.M. 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 Section §54960, et sue.) for the purposes of conferring with the City's Real Property Negotiator, • and /or conferring with the City Attorney on potential and /or existing litigation; and /or discussing matters covered under Government Code Section §54957 (Personnel); and /or conferring with the City's Labor Negotiators; as follows: CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Gov't Code §54956.9(a)) — 3 matters. 1. Schwartz v. City of El Segundo, LASC No. YC044253 2. Bressi v. City of El Segundo, LASC BC288292 3. Bressi v. City of El Segundo, LASC BC288293 CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code §54956.9(b): -0- potential case (no further public statement is required at this time); Initiation of litigation pursuant to Government Code §54956.9(c): -0- matter. DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957) — None. CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957.6) —1 matter: Process and timetable: for negotiations with Police Officers' Association and Firefighters' Association. SPECIAL MATTERS — None 2 OC,) ?3 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. During the! first Public Communications portion of the Agenda, comments are limited to those items appearing on the Agenda. During the second Public Communications portion of the Agenda, comments may be made regarding any matter within the jurisdiction of the City Council. 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 second Public Communications portion of 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.m. the prior Tuesday). Other members of the public may comment on these items only during this second Public Communications portion of the Agenda. 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, APRIL 1, 2003 — 7:00 P.M. 7:00 P.M. SESSION CALL TO ORDER INVOCATION — Reverend Steve Preston of Grace Assembly PLEDGE OF ALLEGIANCE — Mayor Pro Tem Sandra Jacobs Next Resolution #4303 Next Ordinance #1359 PRESENTATIONS — (a) Presentation of Certificates of Completion and Vests by the City Council and Fire Chief to 28 Residential Graduates of the 2003 Winter CERT Program in conjunction with the swearing in and administering of the Loyalty Oath, pursuant to Government Code Section 3102, by the City Clerk to the graduates as Disaster Service Worker Volunteers. (b) Proclamation proclaiming April 6 -12, 2003 as National Library Week. (c) Proclamation to be presented to members of the Tree Musketeers, proclaiming April 12, 21003 as National Youth Service Day to recognize the remarkable contributions that young people make to the betterment of their communities. (d) Commendations to El Segundo Middle School Teacher, Cathie Haynes and her two 7th grade students, Christian Elder and Matthew Kubeck, for taking 2nd and 3rd placers, with their award - winning 2003 Space Walk Awards essays, hosted by the General Bernard A. Schriever - Chapter 147 of the Air Force Association. ROLL CALL PUBLIC COMMUNICATIONS — (Related to City Business Only — 5 minute limit per person, 30 minute limit total) Individuals who have received value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so identify themselves prior to addressing the City Council. Failure to do so shall be a misdemeanor and punishable by a fine of $250. 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 the Agenda by title only. Recommendation — Approval. B. SPECIAL ORDERS OF BUSINESS 4 C. UNFINISHED BUSINESS 1. Consideration and possible action for appropriating $30,000 for temporary planning support staff for the City of Hawthorne to assist their Planning Department review /processing of entitlements related to the Los Angeles Air Force Base (LAAFB) Land Conveyance, Construction and Development Project. The project developer, SAMS Venture, LLC, would reimburse the City for the funds. Recommendation — (1) Authorize the appropriation of funds for temporary staff support for the City of Hawthorne; (2) Alternatively, discuss and take other action related to this item. D. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS 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 iiem(s) will be considered individually under the next heading of business. 2. Warrant Numbers 2532220 to 2532531 on Register No. 12 in the total amount of $1,262,128.93 and Wire Transfers from 3/8/2003 through 3/21/2003 in the total amount of $1,055,127.25. Recommendation — Approve Warrant Demand Register and authorize staff to release. Ratify: IPayroll and Employee Benefit checks; checks released early due to contracts or agreement; emergency disbursements and /or adjustments; and wire transfers. 3. City Council Meeting Minutes of March 18. 2003. Recommendation — Approval. 4. Consideration and possible action regarding the El Segundo Chamber of Commerce letter dated December 19, 2002, requesting that the City plan and implement the Annual Holiday Tree Lighting program. Recommendation — (1) Approve the request of the El Segundo Chamber of Commerce for the City to plan and implement the City's Annual Holiday Tree Lighting program; (2) Alternatively, discuss and take other action related to this item. 5 o o t.; 5. Consideration and possible action of an Ordinance adding Chapter 613 to Title 5 of the El Segundo Municipal Code ( "ESMC ") regulating tobacco retailers within the City of El Segundo. Recommendation — (1) Second reading and adoption of Ordinance, by title only; (2) Alternatively, discuss and take other action related to this item. 6. Consideration and possible action regarding a Request for Proposal (RFP) for a construction management services consultant as related to the Community Center project. Amount not to exceed $230,000. Currently within project budget, no additional appropriations required. Recommendation — (1) Authorize staff to solicit proposals from qualified consultants to provide construction management services; (2) Alternatively, discuss and take action related to this item. 7. Consideration and possible action regarding an amendment to an existing contract with Gary V. Bufkin Consulting (GVBCC) to develop Web based integration that will allow simple City permits to be issued through the City website. Contract amendment not to exceed $15,000. Currently budgeted item. Recommendation — (1) Approve an amendment to Agreement Number 2999; (2) Authorize the City Manager to sign the amendment; (3) Alternatively, discuss and take other action related to this item. 8. Consideration and possible action authorizing the City Manager to execute an agreement with HealthComp, as approved to form by the City Attorney, to administer the City's Flexible Benefits Plan. Recommendation — (1) Authorize the City Manager to execute an agreement with HealthComp, as approved to form by the City Attorney, to administer the City's Flexible Benefits Plan; (2) Alternatively, discuss and take other action related to this item. 9. Consideration and possible action authorizing the City Manager to execute a two- year agreement with PMI Dental Plan. Recommendation — (1) Authorize the City Manager to execute a two -year PMI Dental Plan renewal as approved to form by the City Attorney; (2) Alternatively, discuss and take other action related to this item. 0 10. Consideration and possible action authorizing the City Manager to execute an agreement with AON Consulting, as approved to form by the City Attorney, for actuarial services. Recommendation — (1) Authorize the City Manager to execute an agreement with AON Consulting, as approved to form by the City Attorney, for actuarial services; (2) Alternatively, discuss and take other action related to this item. 11. Consideration and possible action to approve Tract Map No. 51109 at 1415 East Grand Avenue. Recommendation — (1) Approve Tract Map No. 51109; (2) Alternatively, discuss and take other action related to this item. 12. Consideration and possible action regarding approval of a resolution of the City Council of the City of El Segundo authorizing the City Manager to bid and award contracts for the equipment, supplies and services for the FY 2002/2003 revolving Equipment and Supplies Account, which had previously been approved in the 2002 -2003 Council budget. (Fiscal Impact $372,500) Recommendation — (1) Adoption of resolution; (2) Alternatively, discuss and take other action related to this item. 13. Consideration and possible action to approve a license agreement between Southern California Edison Company and the City of El Segundo to provide a pedestrian access walkway from Douglas Street to the Metro Green Line Station — Approved Capital Improvement Program. (Estimated Cost $11,616 for two (2) Recommendation — (1) Approve license agreement; (2) Authorize the City Manager to execute the agreement on behalf of the City in a form approved by the City Attorney; (3) Approve! a payment of $11,616 to Southern California Edison Company; (4) Alternatively, discuss and take other action related to this item. 14. Consideration and possible action for approval of a First Amendment to Agreement No. 3095 with JCM Facilities Planning and Management for professional architectural services for the remodeling of Fire Station No. 1 — Approved Capital Improvement Program. (Fiscal Impact $18,000) Recommendation — (1) Approve First Amendment to Agreement No. 3095; (2) Authorize City Manager to sign the amendment; (3) Alternatively, discuss and take other action related to this item. 7 Lt�� 15. Consideration and possible action regarding approval of the SPCA contract for animal sheltering services. (Fiscal Impact $26,400) Recommendation — (1) Approve the SPCA contract for animal sheltering services and authorize the City Manager to execute; (2) Alternatively, discuss and take other action related to this item. 16. Consideration and possible action to accept in -kind cash contributions totaling $1,750 from Chevron Products Company ($1,000) and DirecTV ($750) donated to the El Segundo Fire Department in support of Super CPR Saturday, to be held June 7, 2003 for supplies, equipment, and other resources. Fiscal Impact - none Recommendation — (1) Accept donation and authorize the City Manager to transfer the monies into the CPR General Fund account; (2) Alternatively, discuss and take other action related to this item. 17. Consideration and possible action to accept a contribution totaling $500 from the 4t" Annual Shelly McCarroll Miller Memorial Golf Tournament donated to the El Segundo Fire Department to assist with the refurbishment of the newly acquired Parade Rig. Fiscal Impact - none Recommendation — (1) Accept donation and authorize the City Manager to transfer the monies into the Fire Department's donations account; (2) Alternatively, discuss and take other action related to this item. CALL ITEMS FROM CONSENT AGENDA F. NEW BUSINESS — G. REPORTS — CITY MANAGER — NONE H. REPORTS — CITY ATTORNEY — NONE I. REPORTS — CITY CLERK J. REPORTS — CITY TREASURER — NONE K. REPORTS — CITY COUNCIL MEMBERS Council Member McDowell — Council Member Gaines — Council Member Wernick — Mayor Pro Tern Jacobs — Mayor Gordon — PUBLIC COMMUNICATIONS — (Related to City Business Only — 5 minute limit per person, 30 minute limit total) Individuals who have receive 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 applicable law, including the Brown Act (Government Code Section §54960, et se q.) for the purposes of conferring with the City's Real Property Negotiator; and /or conferring with the City Attorney on potential and /or existing litigation; and /or discussing matters covered under Government Code Section §54957 (Personnel); and /or conferring with the City's Labor Negotiators. REPORT OF ACTION TAKEN IN CLOSED SESSION (if required) ADJOURNMENT POSTED: DATE: TIME: NAME: F6 EL SEGUNDO CITY COUNCIL MEETING DATE: April 1, 2003 AGENDA ITEM STATEMENT AGENDA HEADING: Unfinished Business AGENDA DESCRIPTION: Consideration and possible action for appropriating $30,000 for temporary planning support staff for the City of Hawthorne to assist their Planning Department review /processing of entitlements related to the Los Angeles Air Force Base ( LAAFB) Land Conveyance, Construction, and Development Project. The project developer, SAMS Venture, LLC, would reimburse the City for the funds. RECOMMENDED COUNCIL ACTION: 1. Authorize the appropriation of funds for temporary staff support for City of Hawthorne; or, 2. Alternatively discuss and take other action related to this item. BACKGROUND & DISCUSSION: The City of Hawthorne Department of Planning and Redevelopment has requested assistance from the City of El Segundo for resources to support their review /processing of the LAAFB project. Due to the critical importance of processing the LAAFB project in a timely manner, the overall project would benefit by the additional planning assistance. The City of Hawthorne has requested $30,000 to cover a portion of the total costs for the hiring of a temporary contract planner to assist them. Hawthorne has contracted with John Carmona for professional services at a rate of $90.00 per hour. Hawthorne would be billed directly and would oversee the work program. The City would reimburse the City of Hawthorne for planning services in an amount not to exceed $30,000. Funds to cover this cost will be from the departmental project budget, including contract services for expedited cases. ATTACHED SUPPORTING DOCUMENTS: 1. Proposal from John Carmona to City of Hawthorne 2. Professional Services Agreement between John Carmona and City of Hawthorne FISCAL IMPACT: Operating Budget $0 Amount Requested: $30,000. (Fees will be offset by savings from existing projects) Account Number: 001 - 400 - 2402 -6214 Project Phase: N/A Appropriation required: No ORIGINATED BY: A^,W M. Hansen, Director of Commun DATE: Economic and Development Services RE= VIEWED BY: DATE: Mary Stren City Manager PAPlannina & Buildina Safety\ PROJECTS \576 - 599 \EA - 577 \Hawthorne consultant.ais.doc 1 Michael Goodson Director of Planning & Community Development City of Hawthorne 4455 merest 12G'h Street Hawthorne, Ca.. 90250 r,yty cf Hai,whcrne Planning March 17, 2003 Re: Proposal to assist City of Hawthorne with interim Planning Staffing needs. Dear Mr. Goodson: #1191 PA02 /044 The purpose of this proposal is to assist the City of Hawthorne with interim Professional Planning Staffing support services. Further, to assist and/or relieve principal planning staff in satisfying increased work load demand requirements to complete the El Segundo — Hawthorne Air Force proposed Project, and, to reach a determination of environmental status and related Prciect attributes in a timely manner. To these ends, I am pleased to offer the attached proposal for your consideration. I am aware of the general Project parameters and the special aspects of the Project related to Municipal and Agency boundary adjustments, and the Specific Plan consideration. Further, I am familiar with the previous (other) Project / environmental documents within the area. I understand that time is important with this particular Project. Given my understanding of the scope and intensity of the Project, the work schedule target completion date of June /July 2003 will be demanding on all concerned,. The actual time to process will depend on the Applicants ability to specifically define the proposal (a plan & intensity of uses). Further, the Agencies/Cities ability to provide base environmental documentation (relevant EIS / .E.IRs & status of the Site applicable mitigation measures), Inter- jurisdiction understandings and agreements, and the Specific Plan status. Of course we understand that a pre - conceived determination of a environmental status is pre- mature absent the findings of environmental assessment. However, with strong co- ordination between decision makers on base conceptual determinations (inter- jurisdiction decisions) it has been my experience that complex Project's can be processed in a very rapid manner. Should the attached Agreement be deemed acceptable, please execute, and the work engagement will commence. Res tfuliv Submitted; Jo . Carmon�i `� MAR -24 -2003 15:35 310644sse5 97 P. 02 : "A;.2�1 (')3 17-.1_ .! "Z�66p,- City of Haw-ncrne Planning # 191 PAr)31rM4 PROFESSIONAL SERVICE AGREEMENT (page one of two) Agreement between the City of Hawthorne (Client) and John Carmona (Consultant) for professional planning service-, in assisting Client with Professional Planning Staff support (Staff Support) in the: review/processing of Environmental Impact Statement / Environmental Impact Report (EIS/EIR) for a proposed Air Force .Base & Residential development ( The Project) on properties located within the cities of El Segundo and Hawthorne 8 -acre commercial site identified as Sites identified as Area A &: B, and the Lawndale Annex (The Site) portions of which are proposed to be annexed into the City of Hawthorne under a municipal jurisdiction adjustment by the Local Agency Formation Commission (LAFCO). It is understood that the Client is seeking assistance in the review and processing of the above identified considerations that the responsibility of an environmental determination rest solely with the Client: acting as a Responsible & Lead Agency under the provisions of NEPA and CEQA. The Consultant has not indicated or promised a specific environmental outcome to Client, and will work to assist the Client in Project Management and assessment in the interest of the Client in serving the public. 1. SCOPE OF WORK The Client is considering actions for a Project on The Site which if approved would provide the right of the Project to move forth in processing further discretionary consideration and/or actions by the City of'Hawthome for the development of the Project. Consultant is to provide professional assessment of applicable issues as identified within the requirements of NEPA/CEQA to the Client while serving as the Responsible Agency /Lead Agency (pending future actions related to Project). In summary, the following areas are identified as to the scope: of issue / work to be assisted by the Consultant: 1. Project Management & Co- ordination of Client's duties and tasks (The Project). 2. LAFCO processing Municipal de- annexation / annexation. I Specific Plan and /or Pre - zoning & General Plan determinations. 4. Redevelopment boundary adjustment / Amendments. 5. Review of Environmental documents and to define appropriate Client actions. 6. To work at the Clicnt's direction as to best allow for principal Client staff to function more effectively (items 1 -5). f1AR -24 -200.3 15 :35 3105445595 9 7% P. 03 :•it'1 F.. 4 2 n rl i 1 , : -- 2 yi . �: Professional Service Agreement page two of two r_ry cf HaL• ~hcrne Planning 2.TERM OF WORK The term of the work shall conclude upon the Consultant' s submission and acceptance of the final recommendation Staff Reports to the Client for public review or 120 days from the execution of the Agreement, which ever shall occur first. 3. CLIENT'S RESPONSIBILITIES This Terre of Work defined in Section 2 is subordinate to the Client's providing base environmental documentation and verification of previous environmental mitigation measure status, and the .Applicant providing a defined scope of the project and plans in a timely manner_ The Client shalil assign Michael Goodson as the .responsible person to serve as liaison who is authorized to make decisions and give direction to Consultant. 4. FEE & COST The Consultant shall be entitled to a FEE of not to exceed $90 per hour for the scope of work defined herein.. Direct cost related to reproduction, or other cost, shall be in addition to fee at an actual cost basis. Any additional professional work required outside of that work defined in Section 1 shall. only be commenced upon mutual agreement and at a base rate of pay of $150 per hour. The fee shall be paid on a bi- monthly billing schedule. 5- TERMINATION OF AGREEMENT Client or Consultant may terminate this Agreement without cause by providing written notice of termination by certified mail. Consultant shall be entitled fees for hours expended or direct cost to the date of -termination. This constitul ;s the for City of Ha home Redevelopment Agency Date 3 -i? -o3 Jo Carmona bate CEQA APPENDEX H: ENVIRONMENTAL INFORMATION FORM f1HR -24 -2003 15:35 3106446Se5 97% P.04 O z O LL Z m Z W J w FQ- JO W H U. O t0- U � 0 a 0 co Q O a a Q LL O W r O O 10 N N fo O /A I0 w 'i t0 N V co W � c0 10 N f CO0 � M— � � 1ACNEp V co cV ' (`l0 � C O et O G 10 (h N 10 W c0 C a0 f— ^ O a0 .- r r m O Cl) O (h c7 O O (A �� N t0 Cl) co �:: 10 O 0 10 a0 Q W fD O O CO m ro co e Cq U) Z LL 7 LL p Z U W LLI U) z > o H K LL F � K p c Z W W U K S Z m n Z w Z n O H zz2.a 2 p n LL U z a Qg g? r P gw z L w o z z V p >j Z W w U QQO m W w Z t- O F LL W 5 m N v) w N (J N N> ~ LL LL d� a N 7 0 W z LL DI wzaa�?>.°' =w �rc V a�N wy Oa w w� LL Q cO W d' K R Z Z U F Z O. 0 F- O Z— N W J m N , (QQW7 F t— -; F- 7 W i !/�� j ^Z' mJ 0:0 AW `u LL , UL (W�/ O_ O' 00 W W Q U W QH Q J >W QU a J Q+ d' �aW �Z cq a a U? LL S 8 W s$ K W W U cn N V' W (O r c0 O1 N N IO •- M N M N p1 c0 � 000000�� N N N m N 9 z W 2 z V J Q 0 W 0 O N Y U W Z U O O m N_ N N to As� 2 cr N lU 7QW� C lc0 _ � A Q v n mom n WO W ~ 0 U D m E U N C m Y1 m T T X n rot v O D $ ID N N w m T C > J�3 CD n o E :s y g n ° 0 E m o o a `o E Tq In v m O 0 N CCm U I� m m C �L 0 O °d m D a rn E m� "$ U 3 W N N m m E L N C U A > WN G 0 yN� N �,+ V r, O rl IO E '.O0 (Y(� N O O p 0 u0.. � � m In � m. N W U t U m `m a 3 c m w m V°• '0 yr ar U m � v !D v`o ro r , T °! Li M, 3 > l6 m U V Q-8 U c w o £ o Y A � O. E w N 6 c c W Q m Q w O U zC� �w V L o � C w C —° �f 0 C>0 y 12 E m c w C0 Z M €o o2 o nm3d. 5Q O �- o Z R o m E c m Q O S U U N C LL U \ U LL LL O E .. > o O 0 �T W Z o a w m n v `o O n `o ii LL u E Q 0) 00 _ LL U cr LL 6 m T O O 2 CITY OF EL SEGUNDO PAYMENTS BY WIRE TRANSFER 3/8/2003 THROUGH 3/21/2003 Date 3/10/03 3/12/03 3/12/03 3/13/03 3/13/03 3/19/03 3/17/03 3/17/03 3/8-3/21/03 Payee Amount Description West Basin 725,232.65 H2O payment Health Comp 800.00 Weekly claims 3/7 PGC El Segundo LLC 29,105.64 Golf Course Payroll Transfer Employment Development 44,536.26 State Taxes PR PR 19 IRS 230,193.41 Federal Taxes PR 19 Health Comp 2,697.00 Weekly claims 3/14 Federal Reserve 150.00 Employee Savings Bonds EE Federal Reserve 350.00 Employee Savings Bonds I Workers Comp Activity 22,062.29 SCRMA checks issued 1,055,127.25 DATE OF RATIFICATION: 4/1/03 TOTAL PAYMENTS BY WIRE: Certified as to the accuracy of the wire transfers by: Deput Treasr Date UU 3 -a Director of Administrative Service Date Ci y Man Date 1,055,127.25 Information on actual expenditures is available in the City Treasurer's Office of the City of El Segundo. REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, MARCH 18, 2003 — 5:00 P.M. 5:00 P.M. SESSION CALL TO ORDER — Mayor Pro Tern Jacobs at 5:00 p.m. ROLL CALL_ CLOSED SESSION: Mayor Gordon - Mayor ProTem Jacobs - Council Member Gaines - Council Member McDowell - Council Member Wernick - Present - arrived at 5:05 P.M. Present Present Present - arrived at 5:05 P.M. Present The City Council moved into a closed session pursuant to applicable law, including the Brown Act (Government Code Section §54960, et sue.) for the purposes of conferring with the City's Real Property Negotiator, and /or conferring with the City Attorney on potential and /or existing litigation; and /or discussing matters covered under Government Code Section §54957 (Personnel); and /or conferring with the City's Labor Negotiators; as follows: CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Gov't Code §54956.9(a)) — 3 matters. 1. Schwartz v. City of El Segundo, LASC No. YC044253 2. Bressi v. City of El Segundo, LASC BC288292 3. Bressi v. City of El Segundo, LASC BC288293 CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code §54956.9(b): -0- potential case (no further public statement is required at this time); Initiation of litigation pursuant to Government Code §54956.9(c): -0- matter. DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957) — None. CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957.6) — One 1 Matter Agency Negotiator: Mary Strenn, City Manager for negotiations with City Employees; Association, Supervisory and unrepresented City employees. SPECIAL MATTERS — None. Council moved to open session at 6:55 p.m. MINUTES OF THE REGULAR CITY COUNCIL MEETING MARCH 18, 2003 V PAGE NO. 1 REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, MARCH 18, 2003 — 7:00 P.M. 7:00 P.M. SESSION CALL TO ORDER - Mayor Gordon at 7:00 p.m. INVOCATION — Pastor Mark Koukl of Hope Chapel del Rey PLEDGE OF ALLEGIANCE — Council Member Kelly McDowell PRESENTATIONS — (a) Council Member Wernick presented a Commendation to Boy Scout Michael Grove of Troop #773, on attaining the rank of Eagle Scout. 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. Daniel Ehrler, Executive Director of the Chamber of Commerce, spoke regarding agenda item 21. He stated that the Chamber Board voted to support this ordinance. Joe Brandin, resident, spoke regarding agenda item 1. Council requested he speak regarding this item during the public hearing. Robert Donanan, American Heart Association, spoke regarding agenda item 21 and supported the adoption of the ordinance. William Averrill, MD Cardiologist, spoke as a board member of the American Heart Association. He supported the adoption of the Ordinance on tobacco retailer licensing. MINUTES OF THE REGULAR CITY COUNCIL MEETING MARCH 18, 2003 PAGE NO. 2 Jerry Preston, Cooks Family Market, supported the adoption of the Ordinance on tobacco retailer licensing. He stated that Cooks policy is to card anyone who looks under 29 years of age. A. PROCEDURAL MOTIONS Consideration of a motion to read all ordinances and resolutions on the Agenda by title only. MOVED by Council Member Wernick, SECONDED by Council Member Gaines to read all ordinances and resolutions on the Agenda by Title only. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0. B. SPECIAL ORDERS OF BUSINESS Consideration and possible action (Public Hearing) regarding the approval of the proposed conceptual design, environmental review, and conditional use permit for the new Community Center. (Environmental Assessment No. 590, Conditional Use Permit No. 02 -02). Mayor, Gordon stated this is the time and place hereto fixed for a public hearing regarding the approval of the proposed conceptual design, environmental review, and conditional use permit for the new Community Center. (Environmental Assessment No. 590, Conditional Use Permit No. 02 -02). He asked if proper notice of the hearing was done in a timely manner and if any written correspondence had been received. Clerk Mortesen stated that proper notice was completed and no written communications had been received by the City Clerk's Office. Seimone Jurjis, Building & Project Manager, gave a report. Joe Brandin, resident, spoke against the project and requested Council to delay any decisions. Richard Arabian, resident, spoke against the project and the amount of money being spent on the project and the necessity for the building. Linda Pollard, resident, spoke about traffic and parking concerns. Paulette Claudell, resident, expressed concerns about traffic and parking. She also expressed concerns with vehicles and RV's using the park for long- term parking. MINUTES OF THE REGULAR CITY COUNCIL MEETING MARCH 18, 2003 PAGE NO. 3 cJ l Sylvia 'Wilkenson, resident, expressed concerns about an environmental report. Peggy Tyrrell, resident, spoke regarding maintaining the look of the existing building. She requested that more effort be made to conform to the original red brick. Julie Potter, resident, expressed concern with the posting and publication of the notice of public hearing. Liz Garnholz, resident, addressed item 16 on the consent agenda. She also stated she prefers the building be remodeled, not replaced. Chris Porrie, resident, spoke in support of the project and recommended some alternatives in the theater area. Council consensus to close the public hearing. Council Member Wernick expressed concerns regarding parking and traffic. Mark Hensley, City Attorney, read by title only: RESOLUTION NO. 4298 A RESOLUTION ADOPTED BY THE EL SEGUNDO CITY COUNCIL REGARDING AN APPLICATION FROM THE CITY OF EL SEGUNDO APPROVING ENVIRONMENTAL ASSESSMENT NO. 590 AND CONDITIONAL USE PERMIT NO. 02 -02 FOR A NEW 20,837 SQUARE FOOT COMMUNITY CENTER LOCATED IN RECREATION PARK AT 300 EAST PINE AVENUE. MOVED by Mayor ProTem Jacobs, SECONDED by Council Member Gaines to adopt Resolution No. 4298 approving Environment Assessment No. 590 and Conditional Use Permit No. 02 -02 for a new 20,837 square foot community center located in Recreation Park at 300 east Pine Avenue, approve the conceptual design for the Community Center Project, authorize staff to develop construction documents and specifications, allow staff to make minor interior design alterations as necessary and approve Change Order No. 2 in the amount of $101,000. MOTION PASSED BY THE FOLLOWING VOICE VOTE: AYES; MAYOR GORDON, COUNCIL MEMEBERS JACOBS, GAINES, & MCDOWELL; NOES: COUNCIL MEMBER WERNICK. 4/1. MINUTES OF THE REGULAR CITY COUNCIL MEETING MARCH 18, 2003 PAGE NO. 4 t�(1 C. UNF=INISHED BUSINESS 2. Consideration and possible action regarding the proposed Recreation Park Master Plan. Seimone Jurgis, Building & Project Manager, gave a report. Mark Hensley, City Attorney, read by title only: RESOLUTION NO. 4299 A RESOLUTION ADOPTED BY THE EL SEGUNDO CITY COUNCIL APPROVING ENVIRONMENTAL ASSESSMENT NO. 609 TO ADOPT THE RECREATION PARK MASTER PLAN. MOVED by Council Member Gaines, SECONDED by Council Member McDowell to adopt Resolution No. 4299 approving Environmental Assessment No. 609 to adopt the Recreation Park Master Plan. MOTION PASSED BY THE FOLLOWING VOICE VOTE: AYES: MAYOR GORDON, COUNCIL MEMBERS GAINES, JACOBS, MCDOWELL; NOES: COUNCIL MEMBER WERNICK. 4/1. D. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS E. CONSENT AGENDA All items listed are to be adopted by one motion without discussion and passed unanimously. If a call for discussion of an item is made, the item(s) will be considered individually under the next heading of business. 3. Approved Warrant Numbers 2531931 to 2532219 on Register No. 11 in the total amount of $1,252,129.28 and Wire Transfers from 2/22/2003 through 3/7/2003 in the total amount of $322,490.45. Authorized staff to release. Ratified Payroll and Employee Benefit checks; checks released early due to contracts or agreement; emergency disbursements and /or adjustments; and wire transfers. 4. Approved City Council Meeting Minutes of March 4, 2003. 5. Accepted two volunteers from Bellas Artes Institute as interns to the El Segundo Community Cable, beginning April 1, 2003 until mid -June, 2003. 6. Approved annual funding of prior FY 2001 -2002 Fund Balance Reservations, Designations and Continuing Appropriations in the FY 2002 -2003 budget. MINUTES OF THE REGULAR CITY COUNCIL MEETING MARCH 18, 2003 PAGE NO. 5 cat" ,l, 7. Approved acceptance by the Library Director of a grant for $2,000 from the Arroyo Seco Library Network (ASLN). The grant funds are designated for library technology enhancements and will be used to upgrade internet equipment for public use that has become outdated. 8. PULLED FOR DISCUSSION BY COUNCIL MEMBER WERNICK 9. Approved a third amendment to Agreement No. 2831 between the City and U.S. Landscape, Inc. to provide landscape maintenance services on city -owned property adjacent to The Lakes Golf Course. (Fiscal Impact $3,600 for FY 2002/2003). 10. PULLED FOR DISCUSSION BY COUNCIL MEMBER WERNICK 11. Awarded Contract No. 3134 to Berkeley Engineering Company for elimination of Sanitary Sewer Pump Station No. 12 located at the north side of Oak Avenue (address is 117 West Oak Avenue) — Approved Capital Improvement Program — Project No. PW 03 -02 (Contract Cost $313,500). Authorized the City Manager to execute the construction contract on behalf of the City. Authorized $65,000 for construction management and construction contingencies. 12. PULLED FOR DISCUSSION BY COUNCIL MEMBER WERNICK 13. Adopted plans and specifications for installation of roof structures over the Maintenance Facility bins — Approved Capital Improvement Program — Project No. PW 01 -21 (Fiscal Impact $160,000). Authorized staff to advertise the project for receipt of construction bids. 14. Approved reimbursement Agreement No. 3135 between the City of El Segundo and Shell Pipeline Company for pipeline relocation for the Douglas Street Gap Closure /Railroad Grade Separation Project — Approved Capital Improvement Program (Estimated Cost $500,000). Authorized the City Manager to execute the agreement on behalf of the City. 15. Authorized an additional $78,000 to the Los Angeles County Department of Public Works for right -of -way acquisition services for the Douglas Street Gap Closure /Railroad Grade Separation Project — Approved Capital Improvement Program (Estimated Cost $78,000). 16. Approved Contract No. 3136 on a single- source basis to Rogers & Associates to provide environmental outreach and educational program. (Fiscal Impact $40,000) Authorized the City Manager to execute the standard professional services agreements on behalf of the City for an amount not to exceed $40,000. MINUTES OF THE REGULAR CITY COUNCIL MEETING MARCH 18, 2003 PAGE NO. 6 \J22, 17. Waived the formal bid process and approved Contract No. 3137 with Marcor Remediation, Inc., as single source vendor to mine, clean and repair the firearms range at a total cost not to exceed $15,000. Authorized the City Manager to execute. 18. Waived the formal bidding process and approved the purchase of five (5) fully equipped BMW motorcycles, radios and related motorcycle equipment (trickle chargers, covers, etc.) for the El Segundo Police Department traffic division. The purchase would piggyback on the existing California Highway Patrol Contract (No. 2340 - 008 - 1013 -6) awarded to A &S BMW located in Roseville, California. The amount shall not exceed $114,000 using COPS grant and equipment replacement funds. Authorized the City Manager to execute Professional Services Agreements for motorcycle service with one or more of the three (3) local BMW dealerships. Approved the auction sale of the current fee of Kawasaki motorcycles and place those funds back into the General Fund Account (001- 300 - 0000 - 3901). MOVED by Council Member Wernick, SECONDED by Council Member McDowell to approve consent agenda items 3, 4, 5, 6, 7, 9, 11, 13, 14, 15, 16, 17, and 18. 5/0. CALL ITEMS FROM CONSENT AGENDA 8. Consideration and possible action to approve three resolutions authorizing application for grant funds to be used in the restoration and replacement of playground equipment at Recreation, Sycamore and Holly /Kansas parks (Fiscal Impact: $21,000 in matching funds) MOVED by Council Member Wernick, SECONDED by Council Member McDowell to approve: Resolution No. 4300 approving the City of El Segundo's application for grant funds from the Los Angeles County Regional Park and Open Space District Grant Program for installation of Americans with Disabilities Act (ADA) compliant playground equipment at Holly /Kansas Park; Resolution No. 4301 authorizing the City Manager, or designee, to apply for, receive and appropriate grant funds for the per parcel grant program under the Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000; and Resolution No. 4302 authorizing the City Manager, or designee, to apply for, receive and appropriate grant funds for the Roberti- Z'Berg- Harris Urban Open Space and Recreation Program, under the Clean Water, Clean Air, and Coastal Protection Bond Act of 2000. MOTION PASSED BY UNANIMOUS VOICE VOTE. 4/0. COUNCIL MEMBER GAINES NOT PARTICIPATING MINUTES OF THE REGULAR CITY COUNCIL MEETING MARCH 18, 2003 PAGE NO. 7 F Council Member Gaines not participating due to the location of his home posing a potential conflict of interest. 10. Consideration and possible action regarding the approval of contract on a single- source basis with RBF consulting (RBF) to provide mitigation monitoring services for the operational impacts related to the Hyperion Waste Water Treatment Plant. Contract may be extended from year to year not to exceed three years. Total cost not to exceed $60,000 for fiscal year 2002 -2003. MOVED by Council Member Wernick, SECONDED by Council Member McDowell to approve Contract No. 3138 on a single- source basis with RBF Consulting (RBF) to provide mitigation monitoring services for the operational impacts related to the Hyperion Waste Water Treatment Plant. Contract may be extended from year to year not to exceed three (3) years. Total cost not to exceed $60,000 for fiscal year 2002 -2003. Authorized the Mayor to execute the agreement in a form approved by the City Attorney. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0. 12. Consideration and possible action regarding adoption of plans and specifications for Park Vista Exterior Painting (615 East Holly Avenue) — Project No. PW 03 -05 — Approved Park Vista Operating Budget — (estimated cost = $92,000). MOVED by Council Member Wernick, SECONDED by Mayor ProTem Jacobs to approve plans and specifications for Park Vista Exterior Painting (615 East Holly Avenue) — Project No. PW 03 -05 — Approved Park Vista Operating Budget (Estimated Cost $92,000). Authorized staff to advertise the project for receipt of bids. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0. NEW BUSINESS — 19. Consideration and possible action regarding refinancing options of the City of El Segundo's portion of the 1992 Association of Bay Area Governments (ABAG) Certificates of Participation. Bret Plumlee, Director of Administrative Services, gave a report. Council consensus to carry this item over to April 15, 2003. Staff to return with more information on the payoff from the General Fund or the Reserves. MINUTES OF THE REGULAR CITY COUNCIL MEETING MARCH 18, 2003 PAGE NO. 8 124 20. Consideration and possible action regarding a new Alcoholic Beverage Control (ABC) license for on -site sale and consumption of alcohol (Type 47 — Beer, Wine and Distilled Spirits) at a newly constructed restaurant, Romanos Macaroni Grill, located at 2321 Rosecrans Avenue, EA No. 605 and AUP No. 02 -03 (ABC 03 -01). Applicant: Brinker International, Inc. MOVED by Council Member Gaines, SECONDED by Mayor ProTem Jacobs to not protest the issuance of the new ABC license for the sale of beer, wine and distilled spirits at Romanos Macaroni Grill. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0. G. REPORTS — CITY MANAGER — NONE H. REPORTS — CITY ATTORNEY — NONE REPORTS — CITY CLERK — NONE J. REPORTS — CITY TREASURER — NONE K. REPORTS — CITY COUNCIL MEMBERS Council Member McDowell — Spoke regarding the Jr. ROTC competition. Council Member Gaines — Spoke regarding the pending action in Iraq. Also spoke regarding the base closure meetings. Council Member Wernick — Reported on the Hyperion Citizens Committee meeting and the Airport Advisory Committee meeting. Mayor Pro Tern Jacobs — None Mayor Gordon — 21. Consideration and possible action of an Ordinance adding Chapter 6B to Title 5 of the El Segundo Municipal Code ( "ESMC ") regulating tobacco retailers within the City of El Segundo. Adoption would occur on April 1, 2003. Mark Hensley, City Attorney, read by title only: MINUTES OF THE REGULAR CITY COUNCIL MEETING MARCH 18, 2003 PAGE NO. 9 ORDINANCE NO. 1358 AN ORDINANCE ADDING CHAPTER 6B TO TITLE 5 OF THE EL SEGUNDO MUNICIPAL CODE, ENTITLED "TOBACCO RETAILER LICENSE." Mayor Gordon introduced Ordinance No. 1358 22. Consideration and possible action to adopt a resolution in support of Zero Emission Vehicles (ZEV). Council Member Gaines not participating due to a conflict of interest concerning his employment. He removed himself from the dias. MOVED by Council Member McDowell, SECONDED by Council Member Wernick to adopt Resolution No. 4303 in support of zero emission vehicles. MOTION PASSED BY UNANIMOUS VOICE VOTE. 4/0. COUNCIL MEMBER GAINES NOT PARTICIPTAING. PUBLIC COMMUNICATIONS — (Related to City Business Only — 5 minute limit per person, 30 minute limit total) Individuals who have receive 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. Joe Brandin, resident, spoke regarding Council "listening" to the public's comments. Richard Arabian, resident, spoke regarding questions and answers from the public to the Council. He also spoke regarding removed trees being processed for fire wood for residents. He further stated that the ficus trees were not offered to citizens. Peggy Tyrell, resident, spoke regarding the dates of the meetings regarding the Community Center. ADJOURNMENT at 9:30 P.M. Cindy Mortesen, City Clerk MINUTES OF THE REGULAR CITY COUNCIL MEETING MARCH 18, 2003 PAGE NO. 10 i)2. ( EL SEGUNDO CITY COUNCIL MEETING DATE: April 1, 2003 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action regarding the El Segundo Chamber of Commerce letter dated December 19, 2002, requesting that the City plan and implement the Annual Holiday Tree Lighting program. RECOMMENDED COUNCIL ACTION: (1) Approve the request of the El Segundo Chamber of Commerce for the City to plan and implement the City's Annual Holiday Tree Lighting program; (2) Alternatively, discuss and take other action related to this item. BACKGROUND & DISCUSSION: Over the years, the Holiday Tree Lighting ceremony has evolved from a business focused event to a community focused program. In order to ensure that the event continues to reflect our involvement of community standards, staff recommends that the City assume the planning and implementation of this community program. It is estimated that the fiscal impact of this event to the City will be approximately $10,000. Upon Council approval, this amount would be budgeted for FY 2003 -2004. ATTACHED SUPPORTING DOCUMENTS: Letter from the El Segundo Chamber of Commerce dated December 19, 2002. FISCAL IMPACT: Estimated $10,000 Operating Budget: Amount Requested: Account Number: Project Phase: Appropriation Required: _Yes X No oRIGIIVyK! _ DATE: March 25, 2003 d liaft, Assistant City Manager D BY: _ DATE: Manager k/0.7 2 El Segundo Chamber • The Voice for Business - December 19, 2002 Honorable Mayor Mike Gordon City of El Segundo 350 N. Main Street El Segundo, CA 90245 Dear Mayor Gordon: The El Segundo Chamber of Commerce is proud of our history of arranging for the annual Tree Lighting Ceremony. Activities such as this help foster the wonderful feeling of living in El Segundo. Over the years the substance and character of the ceremonies has evolved into an important statement of the City of E1 Segundo to the citizens. As the City moves to revitalize the downtown core of the city and transition it into a new era, we feel this would be a great opportunity for the city to play the major role in providing the Tree Lighting Ceremony. With the new plaza and other Main Street changes the city may have a new vision as it relates to the holiday festivities. The Tree Lighting; Ceremony has included several related parts: • Arranging for the tree, decorations and placement at site. This year the cost was $4,675.00. • Santa's Village • Arranging for the all- important services and equipment the city has provided in the past. • Organizing the sequence of events and participants such as: 1. Speakers 2. Dignitaries 3. Musical Programs performed by El Segundo students. If you feel it appropriate I would be happy to discuss this concept at your convenience in person. Sincerely, Liz West President cc: Mary Strenn 427 Main Street • El Segundo, CA 90245 • 310.322.1220 • Fax 310.322.6880 Email info @elsegundochamber.org , s EL SEGUNDO CITY COUNCIL MEETING DATE: April 1, 2003 AGENDA ITEM STATEMENT AGENDAHEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action of an Ordinance adding Chapter 613 to Title 5 of the El Segundo Municipal Code ( "ESMC ") regulating tobacco retailers within the City of El Segundo. RECOMMENDED COUNCIL ACTION: (1) Second reading and adoption of Ordinance, by title only; (2) Alternatively, discuss and take other action related to this item. BACKGROUND & DISCUSSION: On March 18, 2003, the City Council conducted the first reading of the Ordinance and scheduled the second reading and adoption for April 1, 2003. ATTACHED SUPPORTING DOCUMENTS: Draft Ordinance FISCAL IMPACT: Some additional administrative cost for issuing tobacco retailer licenses. Operating Budget: Amount Requested: Account Number: Project Phase: Appropriation Required: _Yes _ No ORIGINA' Jeff WyWrt, Assistant City Man DATE: b /c) 3 REtV WED BY- DATE: a Mary St n, City Manager � ORDINANCE NO. 1358 AN ORDINANCE ADDING CHAPTER 6B TO TITLE 5 OF THE EL SEGUNDO MUNICIPAL CODE, ENTITLED "TOBACCO RETAILER LICENSE." The City Council of the city of El Segundo does ordain as follows: SECTION 1: The Council finds and declares as follows: A. The sale, possession, and use of tobacco products is highly regulated by California as evidenced by, without limitation, Business & Professions Code §§ 22952, 22956, 22962; Education Code § 48901(a); and Penal Code §§ 308, 308. 1, 308.3; B. The City also regulates the sale of tobacco products pursuant to El Segundo Municipal Code (`SSMC ") §§ 5 -6A -1 to 5 -6A -3 and Business & Professions Code § 22960(c); C. The Council is informed and believes that despite such regulations, minors continue to obtain cigarettes and other tobacco products. Minors 12 to 17 years old reportedly consume 924 million packs of cigarettes every year; D. The Youth Tobacco Purchase Survey for 2002, conducted by the California Department of Health Services, shows that over 19% of the retailers surveyed illegally sold tobacco products to minors. This represents a 50% increase in illegal sales since 2000; E. Using tobacco products is a danger to health and a cause of material annoyance, inconvenience, discomfort, and a health hazard to other persons; F. The United States Surgeon General and the United States Department of Health and Human Services found that a majority of the four hundred thirty -four thousand (434,000) American that die each year from tobacco - related illness became nicotine addicts before their eighteenth birthday; G. It its in the public interest for the City to promote compliance with federal, state, and local laws intended to regulate sales and use in order to protect public health and welfare; H. The City may regulate businesses such as tobacco retailers pursuant to its police powers as demonstrated in numerous court decisions including, without limitation, Cohen v. Bd. of Super. (1985) 40 Cal.3d 277; Bravo Vending v. City of Rancho Mirage (1993) 16 Cal.AppAth 383; SWAP, Inc. v. City of Los Angeles (1979) 97 Cal.App.3d 179; and Brix v. City of San Rafael (1979) 92 Cal.App.3d 47; Page 1 of 11 Revision Date: 3/10/2003 14:48 -�;J1_i I. Requiring tobacco retailers to obtain a City license will not unduly burden legitimate business activities, but will allow the City to help reduce violations of federal, state, and local tobacco regulations; SECTION 2: A new Chapter 6B is added to Title 5 of the El Segundo Municipal Code (`SSMC "), entitled Tobacco Retailer License and consisting of §§ 5 -6B -10 to 5 -613-280. , to read as follows: "Chapter 6B TOBACCO RETAILER LICENSE 5- 611-20. Purpose. 5- 611-30. Definitions. 5- 611-40. Prohibitions. 5- 611-50. Administration by Department. 5- 611-60. Notices. 5- 611-70. Form and Content of Application. 5- 611-80. License Issuance. 5- 611-90. License Denial. 5 -611-100. General conditions. 5 -611-110. Display of License. 5 -611-120 License Renewal. 5 -6B -130. No additional privileges granted. 5 -6B -140. Licenses nontransferable. 5 -611-150. Enforcement. 5 -611-160. City attorney enforcement authority. 5 -611-170 Notice of Violation. 5 -611-180. Violations deemed Conclusive. 5 -611-190. Administrative fine. 5 -611-200. Payment of administrative fines. 5 -611-210. Delinquent administrative fines - penalties and interest. 5 -611-220. Liability for fines. 5 -611-230. License Suspension and Revocation. 5 -6B -240. Suspension Time Periods. 5 -611-250. No new license after revocation. 5 -611-260. Administrative appeals. 5 -611-270. Content of Notices. 5 -611-280. Right to Judicial Review. ARTICLE 1 - GENERAL PROVISIONS 5- 6B -20. Purpose. This article is adopted pursuant to the city's police powers for the purpose of promoting compliance with federal, state, and local laws that regulate the sale and use of tobacco products and paraphernalia. Nothing in this article is intended to, nor does it, duplicate Page 2 of 11 Revision Date: 3/10/2003 14:48 or conflict with applicable local, state, or federal laws. 5- 613-30. Definitions. Unless the contrary is stated or clearly appears from the context, the following definitions govern the construction of the words and phrases used in this chapter: A. "Department" means the El Segundo Police Department; B. "Chief' means the police chief or designee; C.. "Person" means any natural person or legal entity; D. "Proprietor" means a person with an ownership or managerial interest in a business. An ownership interest is deemed to exist when a person has a ten percent (10 %) or greater interest in the stock, assets, or income of a business other than the sole interest of security for debt. A managerial interest is deemed to exist when a person can or does have, or can or does share, ultimate control over the day -to -day operations of a business; E. "Tobacco Product" means any substance containing tobacco leaf, including, without limitation, cigarettes, cigars, pipe tobacco, snuff, chewing tobacco, dipping tobacco, bidis, or any other preparation of tobacco; F. "Tobacco Paraphernalia" means cigarette papers or wrappers, pipes, holders of smoking materials of all types, cigarette rolling machines, and any other item designed for smoking or ingestion of tobacco products; G. "Tobacco retailer" means any person that operates a store, stand, concession, or other place at which sales, or other exchanges for value, of tobacco products are made to purchasers for consumption or use. 5- 613-40. Prohibitions. A. It is unlawful for any person to act as a tobacco retailer without a valid license issued pursuant to this chapter for each location at which activity is proposed to occur. B. It is unlawful for any person to act as a tobacco retailer from other than a fixed location within the city's jurisdiction. C. It is unlawful for any person to cause, permit, aid, abet, or conceal a violation of any provision of this chapter. 5- 613-50. Administration by Department. The chief and department are authorized to administer and enforce this chapter. Page 3of11 Revision Date: 3/10/2003 14:48 5- 6B -60. Notices. A. Where the provisions of this chapter require that a applicant /licensee be served with notice, such notice is deemed served when personally delivered to such applicant/licensee or when deposited in the first class U.S. Mail, addressed to such applicant/licensee at the applicant/licensee's last known address. B. Unless otherwise provided, written notification to a applicant/licensee of a license decision will state with particularity the basis for such decision. ARTICLE 2 - LICENSE APPLICATION AND ISSUANCE 5- 6B -70. Form and Content of Application. A. Permit applications must be filed by a natural person in the name of each proprietor proposing to conduct retail tobacco sales. B. Every application must be signed by the proprietor, or the proprietor's authorized representative, under penalty of perjury. C. Permit applications will be in a form prescribed by the chief and contain all of the following information: 1. The name, mailing address, and daytime and evening telephone numbers of the person filing the application; 2. The business name, address, and telephone number of the single fixed location for which a license is sought; 3. The name and mailing address authorized by each proprietor to receive all notices. If such an address is not supplied, notices will be sent to the business address; 4. Whether or not the proprietor was previously issued a license under this chapter that was suspended or revoked and, if so, the dates of the suspension period or revocation date; and 5. Such other information as the department deems reasonably necessary for administering or enforcing this chapter. 5- 613-80. License Issuance. A. The chief must issue a license if 1. The application was complete in accordance with this chapter; Page 4 of 11 Revision Date: 3/10/2003 14:48 03� 2. The applicant pays all applicable license fees; 3. There are no grounds for denying the license; and 4. Applicant accepts the license approval or conditional approval in writing. B. Use of any license issued pursuant to this chapter must conform to this chapter. 5- 6B -90. License Denial. A license can be denied for the following reasons: A. The application is incomplete; B.. The applicant failed to provide reasonable supplemental application information requested by the chief, C. Information submitted by the applicant is materially false; D. The application is submitted by a proprietor with a suspended license or whose license was revoked; or E. The application seeks authorization for tobacco retailing that is prohibited by this code or unlawful under any other local, state, or federal law. ARTICLE 3 - CONDITIONS 5 -6B -100. General conditions. Tobacco retailer licensees must A. Comply with all local, state, and federal laws regulating tobacco products and tobacco paraphernalia including, without limitation, this code; B. Maintain a valid business license issued pursuant to this code; C. Allow authorized enforcement officers to enter onto licensed premises to ensure compliance with this chapter during business hours. 5 -6B -110. Display of License. Each license issued by this chapter must be prominently displayed in a publicly visible location at the licensed tobacco retailer's location. 5 -6B -120. License Renewal. Unless suspended or revoked, licenses issued pursuant to this chapter have a term of one (1) year. Licenses must be renewed not later than thirty (30) days before they expire: in order to be maintained. Should a license expire, the proprietor must comply with this chapter to obtain a new license. Page 5 of 11 Revision Date: 3/10/2003 14:48 t,I j �1 5 -6B -130. No additional privileges granted. Nothing in this chapter is intended to, nor does it, grant to a properly licensed tobacco retailer privileges other than permission to operate as a tobacco retailer at the location identified in the license. 5 -6B -140. Licenses nontransferable. A license issued to a tobacco retailer pursuant to this chapter is nontransferable. Any change in business name or location requires a new license issued in accord with this chapter. ARTICLE 4 - ENFORCEMENT 5 -6B -150. Enforcement. A. In addition to the remedies set forth in this chapter, violations of a tobacco retailer's license may be enforced as follows: 1. Prosecution as infractions or misdemeanors at the city attorney's discretion. 2. Abated as a public nuisances. 3. Enjoined as unfair business practices that are presumed to nominally damage each and every resident of the community in which the tobacco retailer operates. B. Any person acting for the interests of itself, its members, or the general public may bring an action for injunctive relief to prevent future violations or to recover actual damages. C. The remedies provided by this chapter are cumulative and in addition to any other criminal or civil remedies. 5 -6B -160. City attorney enforcement authority. In addition to any other general functions, powers, and duties given to the city attorney by this code or California law, the city attorney is authorized to: A. Prosecute on behalf of the people all criminal and civil cases for violations of this chapter including, without limitation, administrative or judicial nuisance abatement and suits for injunctive relief; B. Prosecute all actions for the recovery of fines, penalties, forfeitures, and other money accruing to the city under this chapter. 5 -6B -170. Notice of Violation. Upon determining that a person is violating this chapter, the chief must serve a notice of violation on the apparent violator. The notice must state the basis of such violations and provide information regarding appeals rights. Page 6 of 11 Revision Date: 3/10/2003 14:48 5 -6B -180. Violations deemed Conclusive. The judgment of any court of competent jurisdiction, or the admission of a tobacco retailer licensee in any civil or criminal action against a tobacco retailer licensee, whether the city is a party or not, that the tobacco retailer has violated any tobacco - related local, state, or federal law is conclusive of that fact for purposes of enforcing this chapter. 5 -6B -190. Administrative fine. A. In addition to any other enforcement remedy, the chief may fine a tobacco retailer for violating this chapter as follows: 1. A fine not exceeding one hundred dollars ($100) for a first violation in any twelve (12) month period; 2. A fine not exceeding two hundred dollars ($200) for a second violation in any twelve (12) month period; or 3. A fine not exceeding five hundred dollars ($500) for a third or subsequent violation in any twelve (12) month period. 5 -6B -200. Payment of administrative fines. An administrative fine must be paid to the city within thirty (30) days from the date of the notice of violation or, if an appeal is made, within fifteen (15) days after the date of the city manager's notice of the decision to uphold the imposition of administrative fines, whichever is later. 5 -6B -210. Delinquent administrative fines - penalties and interest. A. A penalty of ten percent (10 %) is added on any delinquent fines on the last day of each month after the due date. The penalty will not exceed fifty percent (50 %) of the fine. B. In addition to penalties provided by this Section, delinquent fines accrue interest at the rate of one percent (I%) per month, exclusive of penalties, from the due date. 5 -6B -220. Liability for fines. All fines, fees, penalties, and interest imposed pursuant to this chapter are civil debts owed to the city by the person fined. In the event that judicial action is necessary to compel payment of any debt owed to the city, the person or persons subject to the fine are also liable for the costs of suit and attorney's fees incurred by the city to collect the fine. 5 -6B -230. License Suspension and Revocation. In addition to any other penalty authorized by law, the chief may suspend or revoke a tobacco retailers license for the following reasons: A. Upon learning or discovering facts that require license denial under this chapter that were not previously disclosed or reasonably discoverable; or Page 7of11 Revision Date: 3/10/2003 14:48 0 3 e B. If the licensee violates the tobacco retailer license conditions; 5 -6B -240. Suspension Time Periods. A. After serving a notice of violation, the chief may suspend a tobacco retailer's license as follows: 1. Upon finding a first license violation within any sixty -month (60) period, a thirty (30) day suspension; 2. Upon finding a second license violation within any sixty -month (60) period, a ninety (90) day suspension; 3. Upon finding a third license violation within any sixty month (60) period, a one (1) year suspension; 4. Upon finding a fourth license violation within any sixty -month (60) period, revocation. B. Nothing in this section is intended to limit the chief's ability to impose a different suspension period or to revoke a license as the circumstances of a violation may require. 5 -613-250. No new license after revocation. Should a tobacco retailer's license be revoked, the proprietor is presumptively disqualified to apply for a new license in accordance with this chapter. This presumption may be overcome upon a showing of good cause as to why a license should be issued following a revocation. Any such showing must be made to the chief's satisfaction or, if the chief denies a license, to the city manager as prescribed by this chapter. ARTICLE 5 - APPEALS 5 -613-260. Administrative appeals. An applicant is entitled to appeal the chief's decisions to the city manager provided A. A request for review must be commenced within ten (10) days from the date on which written notice of the chief's decision is served on the applicant /licensee. If request is untimely, the city manager may, nevertheless, extend the time for commencing such review for good cause shown. B. A request for appeal must be on a form provided by the department and contain the following information: 1. The name, address and telephone number of the person making the request; Page 8 of 11 Revision Date: 3/10/2003 14:48 2. A description of the decision, determination or order which is the subject of the review, and the date such decision, determination or order was made or issued; 3. A brief description of all grounds for making the request; and 4. Such other information as may be required by the department. C. Upon receiving an appeal, the city manager will review the request and, within ten (10) days of receiving the appeal, provide the appellant with a written notification that: 1. The chief's decision is affirmed; 2. The chief's decision is modified; 3. The chief's decision is reversed and a license is issued. D. The city manager may, but is not required to, conduct a hearing at a time, place, and manner determined in the city manager's sole discretion. Should a hearing occur, the city manager may issue a decision orally at the conclusion of the hearing, but also notify the applicant and the chief in writing of the city manager's decision. E. The city manager's decision is a final determination. There is no right of city council appeal. 5 -6B -270. Content of Notices. Any notification of action, whether oral or written, must describe with particularity the facts and the reasons for the decision. 5 -613-280. Right to Judicial Review. A.. An applicant /licensee may appeal the city manager's decision by filing an appeal with the Superior Court pursuant to Government Code § 53069.4, or any successor statute, within twenty (20) days from service of the city manager's decision. B. Should a licensee file a timely appeal with the Superior Court, any requirement to pay an administrative fine is suspended and the payment of the fine, if any, will be in accordance with the Superior Court decision." SECTION 3: If any part of this Ordinance or its application is deemed invalid by a court of competent jurisdiction, the city council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Ordinance are severable. Page 9of11 Revision Date: 3/10/2003 14:48 SECTION 4: The City Clerk is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City of El Segundo's book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within fifteen (15) days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law. SECTION 5: This Ordinance will become effective on the thirty -first (3 1) day after its passage and adoption. PASSED AND ADOPTED this day of , 2003. Mike Gordon, Mayor Page 10 of 11 Revision Date: 3/10/2003 14:48 ATTEST STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO 1 I, Cindy Mortesen, City Clerk of the City of El Segundo, California, do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing Ordinance No. was duly introduced by said City Council at a regular meeting held on the day of , 2003, and was duly passed and adopted by said City Council, approved and signed by the Mayor, and attested to by the City Clerk, all at a regular meeting of said Council held on the day of , 2003, and the same was so passed and adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: Cindy Mortesen, City Clerk APP Marl Revision Date: 3/10,12003 14:48 Page 11 of 11 ;:�4C EL SEGUNDO CITY COUNCIL MEETING DATE: April 1, 2003 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action regarding a Request for Proposal (RFP) for a construction management services consultant as related to the Community Center project. Amount not to exceed $230,000. Currently within project budget, no additional appropriations required. RECOMMENDED COUNCIL ACTION: 1. Authorize staff to solicit proposals from qualified consultants to provide construction management services; 2. Alternatively discuss and take other action related to this item. BACKGROUND & DISCUSSION: On March 18, 2003 City Council approved the Community Center project. Due to the scope of the project the services of a construction manager (CM) are needed. The CM will assist the City in the development and construction of the Community Center project. The CM will be involved from the beginning, with approval of construction documents, and to the end, with the filing of the notice of completion. A summary of the services the consultant shall provide are as follows: ➢ Project ,Administration — Review design documents, provide written responses to requests for information, review and process change orders, coordinate consultants, establish and monitor schedules, and participate in conferences and meetings. ➢ Construction Observation — Be a representative of the City, maintain schedules, establish and monitor quality control, review drawings, ensure testing and inspection are performed, and log all correspondence. ATTACHED SUPPORTING DOCUMENTS: None FISCAL IMPACT: Operating Budget: $7,138,400 (Includes funding in FY 2002 -2003 of $500,000) Amount Requested: $230,000 Account Number: 301 - 400 - 8202 -8490 Project Phase: Design and Construction Appropriation Required: _Yes X No ORIGINATED BY: DATE: Ja es ansen, Director of Community, Economic and Development Services RE ED BY: DATE: Ma Str n ,City Manager Y2_ 4 03 PAPlanning & Building Safety \Jurjis \Staff Reports \Community Center \Construction Managment \Release of construction manager RFP.doc u EL SEGUNDO CITY COUNCIL MEETING DATE: April 1, 2003 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action regarding an amendment to an existing contract with Gary V. Bufkin Consulting (GVBCC) to develop Web Based Integration that will allow simple City permits to be issued through the City website. Contract amendment not to exceed $15,000. Currently budgeted item. RECOMMENDED COUNCIL ACTION: 1. Approve an amendment to agreement Number 2999; 2. Authorize the City Manager to sign the agreement; 3. Alternatively discuss and take other action related to this item. BACKGROUND & DISCUSSION: On April 16, 2002, City Council approved a contract with GVBCC to develop an automated system to /track permits and inspections. The system is in the final stages of implementation. The FY 2002 -2003 budget approved by City Council included $40,000 to develop and implement a Web Based system to allow permits to be issued over the City website. The Executive Technology Review Committee (ETRC) approved this project and because of the potential benefit to the community, Council has given it a high priority. GVBCC has submitted a proposal to accomplish this for $15,000. Staff recommends the use of GVBCC because of their involvement on the permit system and their familiarity with the City's network. Information Systems Division has approved the use of GVBCC for the project. ATTACHED SUPPORTING DOCUMENTS: 1) Contract Amendment; 2) Proposal FISCAL IMPACT: Operating Budget: $40,000 Amount Requested„ $15,000 Account Number: 001 - 400 - 2505 -8108 Project Phase: N/A Appropriation Required: —Yes X No ORIGINATED BY: DATE: NQ� _? /z 6103 J mes M. Hansen, Director of Community, Economic and Development Services R ED BY: DATE: -= 3 Mary Strenn Ity Manager P: \Planning & Building Safety\Jurjis \Staff Reports \Gary Bufkin Computer Programer\Staff Report for Gary Bufkin Amendment Num 1.doc �l�r'1 ry FIRST AMENDMENT TO AGREEMENT NO. 2999 BETWEEN THE CITY OF EL SEGUNDO AND GARY V. BUFKIN CONSULTING (GVBCC) THIS FIRST AMENDMENT ( "Amendment ") is made and entered into this 1St day of April 2003, by and between the CITY OF EL SEGUNDO, a general law city and municipal corporation existing under the laws of California ( "City), and GARY V. BUFKIN CONSULTING, a Sole Proprietor ( "Consultant "). 1. Pursuant to Agreement No. 2999 ( "Agreement "), executed by the parties on or about April 16, 2002, is amended to read as follows: SCOPE OF SERVICES. Consultant agrees to perform the services set forth in attached proposal, which is incorporated herein by reference. Consultant represents and warrants that it has the qualifications, experience and facilities to properly perform these services in a thorough, competent and professional manner and will at all times during the term of this Agreement possess valid business license as required by law, including, without limitation, a valid El Segundo Business License. Consultant will begin performance under this Agreement on April 1, 2003. Consultant will complete each of the tasks in attached proposal to the City's satisfaction. If the City is not satisfied with such services, the Consultant will work on the matter until the City approves of the service. Further, the Consultant will complete the services set forth in attached proposal strictly according to the listed schedule or as otherwise agreed by both parties. The term of the Contract will be for time listed in the attached schedule or as otherwise agreed by both parties. The City agrees to pay Consultant $115,000 for these services. 2. The attached Proposal which is incorporated by reference, adds to the Consultant's Scope of Services in the Agreement. 3. This Amendment may be executed in any number of counterparts, each of which will be an original, but all of which together shall constitute one instrument executed on the same date. 4. Except as modified by this Amendment, all other terms and conditions of Agreement No. 2999 will remain the same. [Signatures on following page] v 410 E -Z0d Mar P5 03 04:32P Ctty Clerk's Office (3IO) 615 -0529 p.15 C;TTY OF EL SEGUNDO, GARY B. BUPKIN COMPUTER a general law city. CONSULTING Mary Strenn, Owner City Manager ATTEST: Cindy Mortesm, City Clerk APPROVED AS TQF01W- Mark D. Hc�,,-'City I3y;- ?/'rid; r Karl H. Berger, f Assistant City AttamrY VW O9:L0:6 :QLu1 £OOZ19m :8180 �i --o0 l0.peo :ol 199)1 :—j Gary V. Bufkin Computer Consulting (559) 499 -8349 City of El Segundo, El Segundo, California Project Proposal: Permitting System Web Intergration Proposal Date: March 10th , 2003 Thank you for your request for an enhancement to the Building Permits System that is being created for the City of El Segundo. This series of Web Pages will be an enhancement to the Building Permits System and will compliment: the usage of the system and enable the community to better interact with the departments involved. GVBCC designs and constructs each system they create with the client in mine. GVBCC does not retain any rights to the program and does not charge maintenance fees for the software. GVBCC asks that your jurisdictions not distribute this software to any other jurisdiction or agency Referrals from your jurisdiction to other agencies will be taken into consideration when additional features or modules are proposed on. The software is warrantee for as long as you use it. If a bug or problem is encountered which is the responsibility of GVBCC, it will be fixed and maintained at no charge to the client. If additional features or modules are required after the project is started, GVBCC will submit a separate proposal for the modifications or enhancements. Proiect Description: To create Web Based Integration for the Permitting System. Integration of the Following Permit System Modules for Web Access and processing: Building Permit Application Building Inspection Results Planning Applications Engineering Permits Plan Check Results and Correction Notices Summary of Estimated Costs: Below is the cost for each module request for Development and Design. The price includes user interviews, analysis, design, development of the modules, testing and documentation. Each module is designed and can be used as stand alone. Each module is capable of integrating with the other modules. In the event of budgetary constraints, selected modules can be created this budget period and others can be easily included in the next budget period. Building Permits Application Processing / Inspection Results $ 3,500 Plan Check Results and Correction Notice $ 3,500 Engineering Permits Application Proccessing $ 3,500 Planning Projects Application Processing $ 4,500 Proiect Total' 15,000.00 This is a very rough proposal, and the prices above may be adjusted after further analysis has been conducted. .1 4 :� Gary V. Bufkin Computer Consulting Project Proposal (Continued) GVBCC has experience in many aspects of design and development of databases and applications for municipalities, manufacturing industries, banking and real estate. In my career as a consultant with many cities throughout California, I have developed several databases with other cities in the areas of; neighborhood revitalization, parks and recreation, time and attendance tracking, ID Billing (interdepartmental billing), Fleet Management, Inventory Management, and the list goes on. Please feel free to inquire on any other needs your department or jurisdiction may have. I would like to thank you for the opportunity to submit this proposal and look forward to a mutually beneficial relationship with the City of El Segundo. This proposal is valid for 90 days frq#n the above date. You garyb(ftsm.com www.gvbcc.com Page 2 EL SEGUNDO CITY COUNCIL MEETING DATE: April 1, 2003 AGENDA ITEM STATEMENT AGENDA HEADING: Consent AGENDA DESCRIPTION: Consideration and possible action authorizing the City Manager to execute an agreement with HealthComp, as approved to form by the City Attorney, to administer the City's Flexible Benefits Plan. RECOMMENDED COUNCIL ACTION: 1. Authorize the City Manager to execute an agreement with HealthComp, as approved to form by the City Attorney, to administer the City's Flexible Benefits Plan. 2. Alternatively discuss and take other action related to this item. BACKGROUND &. DISCUSSION: HealthComp currently administers the City's Flexible Benefits Plan (the "Plan "). This Plan is designed to permit eligible employees to pay their of share of premiums under the City's health insurance plan, and to contribute to an account for reimbursement of certain medical care expenses and dependent care expenses all on a pre -tax basis. HealthComp's responsibilities include ensuring that the City's Plan continues to qualify under Code §125 of the Internal Revenue Code and ensuring the City's employee medical and dependent care expenses reimbursement program conforms with the Internal Revenue Code §105 (Medical Care Expenses) and §129 (Dependent Care Expenses). Also, they provide employees enrolled in the plan with timely reimbursements of medical care expenses and quarterly statements, among other services. ATTACHED SUPPORTING DOCUMENTS: Flexible Benefits Administrative Agreement FISCAL IMPACT: Operating Budget: Amount Requested: $200 (For Updating Plan Document but will be absorbed in current budget) Account Number: Project Phase: Approval of Contract Appropriation Required: _ Yes X No 7BY: IGIN TED DATE: '4=0,C 1-4'e'l Bret M. Plumlee. Director Administrative Services REVIEWED BY: DATE: Mary S nn, City Manager t J BACKGROUND & DISCUSSION: The City's Administrative Agreement and Plan Documents with HealthComp have not been updated since March of 1989. Staff is requesting the City Council authorize the City Manager to execute this updated agreement as approved to form by the City Attorney. These updated documents outline the current services the City is receiving and incorporate changes that have taken place over the last several years in the Internal Revenue Code sections related to the City's Plan. H e C3 I t h C o rn {p rhi,d P—ty Admlr.l atro to ra FLEXIBLE BENEFITS ADMINISTRATION AGREEMENT THIS AGREEMENT is made by and between City of El Segundo, hereinafter referred to as the Plan Sponsor, and HealthComp Administrators, hereinafter referred to as HealthComp. This agreement is to The in effect as of January 1, 2003, and shall continue until terminated as herein provided. WHEREAS, the Plan Sponsor has established a flexible benefits plan pursuant to the Internal Revenue Service Code Section 125 (the "Plan ") for employees of the Plan Sponsor ( "Participants "); and WHEREAS, HealthComp is in the business of providing administrative services in conjunction with such plan, and the Plan Sponsor desires to engage HealthComp to perform the services herein below: NOW, THEREFORE, in consideration of the premises and of the mutual promises and covenants contained therein, the parties agree as follows: 1. Plan 1.1 Plan Document. All services to be provided by HealthComp hereunder shall be performed pursuant to the provisions of the Plan Document. A copy of the Plan Document and any amendments thereto shall be deemed to form part of this Agreement for such purpose. 1.2 Interpretation of the Plan. The Plan Sponsor shall be the final arbiter as to the interpretations of the Plan and as to the payment of benefits thereunder. HealthComp shall consult with the Plan Sponsor in the event extraordinary benefit matters arise. In the event an exception is to be made, the Plan Sponsor will notify HealthComp in writing of such exception. II. Scope of Relationship 2.1 Parties. This agreement is between HealthComp and the Plan Sponsor, and does not create any rights or legal relationships between HealthComp and any of the Participants or Beneficiaries under the Plan. In the event that the Plan Sponsor fails to comply with any federal or state law, HealthComp shall not be liable in any action brought with such regard to failure. HealthComp's relationship with the Plan Sponsor shall be that of an independent contractor, and nothing in this Agreement shall be construed as creating the relationship of employer and employee, partnership or joint venture between the parties. III. Duties 3.1 Plan Sponsor's Responsibilities. The Plan Sponsor agrees to: a) Determine the eligibility of employees to participate in the Plan; b) Provide HealthComp with completed enrollment forms and reports necessary to properly administer the Plan; c) Remit in a timely manner participants' salary reductions and fees; u 0 H ecv I-th Co m p Thlyd Porty Ad min letrotors d) Take all other actions necessary to maintain and operate the Plan in compliance with applicable provisions of the Plan, the Code, and any other applicable state and /or federal law. 3.2 Standard Administrative Services. HealthComp agrees to: a) Provide weekly reimbursement; b) Provide participants quarterly statements; c) Provide Plan Sponsor monthly list billings and analysis reports; d) Correspond with the participants if additional information is deemed by HealthComp to complete the processing of claims; e) Provide a toll -free telephone number to participants. fl Enrollment Kits. See Exhibit B for a listing of additional agreed upon services to be performed. IV. General Provisions 4.1 Records and Files. HealthComp shall establish and maintain a record keeping system concerning the services to be performed. All such records shall be the property of the Plan Sponsor and shall be delivered to the Plan Sponsor upon termination of this Agreement, subject to the right of HealthComp to copy and retain all or any of such records as it deems in its interest to do so. All such records shall be available for inspection by the Plan Sponsor at any time during the normal business hours at the offices of HealthComp, upon reasonable prior notice. 4.2 Confidentiality of Personal Information. HealthComp shall take all reasonable precautions to prevent disclosure or use of the information for a purpose unrelated to administration of the plan, except in the following instances: a) in response to a court order; b) to or at the request of the participant or Plan Sponsor; or c) the written consent of the identified individual or his or her legal representative. 4.3 Practices and Procedures. In performing such services, HealthComp shall employ its standard practices and procedures, whether written or otherwise; provided, however, such performance shall be subject to the provisions of this Agreement. 4.4 Service Fee. The Plan Sponsor agrees to pay to HealthComp Service Fees as described in Exhibit B. 4.5 Service Fee Change. HealthComp reserves the right to change the Service Fee applicable to this Agreement at any time, provided that the then - current service fee has been applicable for a period of twelve (12) months; and provided that written notice of such change is furnished to the Plan Sponsor at least thirty (30) days prior to the effective date of such change. HevlthComp Third P—ty Adminlatro to rs 4.6 Term of Agreement. This agreement shall be for a period beginning the effective date of the plan. This agreement shall automatically renew for subsequent one (1) year terms unless terminated in accordance with the provisions contained herein. 4.7 Termination Without Cause. Either party may terminate this Agreement without cause, upon the anniversary date of each contract year, by providing written notification to the other party sixty (60) calendar days prior thereto. 4.8 Termination with Cause. Should either party default in the performance of any of the terms or conditions of this Agreement, the other party shall deliver, via certified mail, to the defaulting party written notice thereof specifying the matters in default. The defaulting party shall have ten (10) calendar days after receipt of the written notice to remedy such default. If the defaulting party fails to remedy the default within such ten (10) day period, this Agreement shall terminate at 5:00 P.M. (Pacific Time) on the tenth day after receipt of the notice by the defaulting party. If any state or federal law or regulation is enacted or promulgated which prohibits the performance of any of the duties hereunder, or if any law is interpreted to prohibit such performance, this Agreement shall automatically terminate as of the effective date of such prohibition. 4.9 Liability for Benefits. It is understood and agreed that liability for payment of benefits under the plan is the liability of the Plan Sponsor, and that HealthComp shall not have any duty to use any of its funds for the reimbursement of such benefits. 4.10 Indemnification. HealthComp agrees to protect, to indemnify and to hold harmless the Plan Sponsor from and against any and all claims, losses, liabilities, damages and expenses incurred by the Plan Sponsor, including court costs and reasonable attorneys' fees, to the extent that such claims, losses, liabilities, damages and expenses arising out of or are based upon HealthComp's intentional, willful, reckless or negligent acts or omissions in the performance of its duties under this plan. The Plan Sponsor agrees to protect, to indemnify and to hold harmless HealthComp from and against any and all claims, losses, liabilities, damages and expenses arising; against or incurred by HealthComp including court costs and reasonable attorneys' fees, to the extent that such claims, losses, liabilities, damages and expenses arising out of or are based upon Plan Sponsor's intentional, willful, reckless or negligent acts or omissions in the performance of its duties under this Agreement. 4.11 Governing Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California. In the event of litigation, venue shall lie in the appropriate state or federal court in Fresno County, California. 4.12 Assignment. This Agreement may not be assigned by either party without the written consent of the other. 4.13 Entire Contract. This Agreement, together with any Exhibits, Attachments and Amendments appended hereto, constitutes the entire Agreement between the parties. No representation, understanding or agreements, which are not expressly contained herein, shall be binding or enforceable. No modification of the terms or provisions of this Agreement shall be effective unless evidenced by written amendment hereto, signed by an authorized officer of both the Plan Sponsor and of HealthComp. H ec3 Ith Co r-" p rhlyd Vorty Ad minl�tro to rs The parties have executed this agreement by the signatures of their authorized representatives on the dates indicated. City of El Segundo HealthComp Administrators, Inc. (Type or Print Name) 0 Title: Title: Date: Date: (Type or Print Name) 4 0 HeCV1-117HComp Third Party Adrr.1n1*tratars EXHIBIT A HEALTHCOMP ADMINISTRATORS PRIVACY POLICY Sources of Personal Information HealthComp collects personal information from enrollment forms and applications, as well as through transactions relating to payment of claims. If applicable, HealthComp also obtains information from brokers, insurance agents, or prior third party administrators. Use of Personal Information HealthComp uses the personal information provided in our normal business operations, which includes the administration of policies and the payment of claims. Personal information may also be used to support the administration of claims and trust accounts. HealthComp only discloses personal information with proper written authorization or as otherwise permitted or required by law. Sharing Information HealthComp employees share personal medical or financial information outside the company only for a specific business purpose or as authorized. HealthComp Administrators may share this information with our affiliates and third parties, which include brokers, attorneys, banks, insurance providers, and other health care professionals. These third parties work with HealthComp in the administration of policies, processing of claims, and maintaining claims accounts. Protection from Unauthorized Access HealthComp limits its employee access to personal information to individuals who need the information to perform their job - related duties and provide customer service. HealthComp employees who violate our privacy policy will be subject to disciplinary action, which may result in termination. HealthComp also maintains various physical, electronic, and procedural safeguards to protect against unauthorized access. y w In H C—_ C3 Ith C__ C> m p child Party Ad minlatrotn ra EXHIBIT B City of El Segundo January 1, 2003 Please place initials by services requested of HealthComp Administrator. Standard Administration. Spending Account Participant Per Month. (The minimum monthly administration fee is $150.00). Standard Administration includes pre -tax premiums, health care spending account and dependent care spending account Services include the following: $5.50 Enrollment Kits Toll -Free 800 Customer Service Line Monthly List Billing Comprehensive Reporting Package (includes Participant Quarterly Statements, Non Discrimination Tests, Monthly Year - To -Date Analysis Report; Electronic claims transfers when HealthComp administers health plan; Weekly reimbursement) Optional Administration. Additional charges per participant per month. $0.50 Bank Account Reconciliation (Monthly Minimum $15.00) $1.00 Payroll Reconciliation (Monthly Minimum $35.00) $0.50 Flex COBRA Administration $250.00 Preparation of Annual Filing, if Applicable $200.00 Plan Amendments necessary to operate the Plan in compliance with applicable provisions of the Plan, the Code, and any other applicable state and /or federal law $80.00 Hourly rate for services not previously listed. City of Ell Segundo By: (Signature) (Print or Type Name) Title: Date: HealthComp Administrators, Inc. By: (Signature) (Print or Type Name) Title: Date: 6 U, 3 `i EL SEGUNDO CITY COUNCIL MEETING DATE: April 1, 2003 AGENDA ITEM STATEMENT AGENDA HEADING: Consent AGENDA DESCRIPTION: Consideration and possible action authorizing the City Manager to execute a two -year agreement with PMI Dental Plan. RECOMMENDED COUNCIL ACTION: 1. Authorize the City Manager to execute a two -year PMI Dental Plan renewal as approved to form by the City Attorney. 2. Alternatively discuss and take other action related to this item. BACKGROUND & DISCUSSION: Since 1997, the City has offered the "DeltaCare" Delta Dental insurance plan through Private Medical -Care Inc. (PMI) as an option to the "DeltaPremier" Plan. To continue offering this benefit to employees staff is recommending the City Council authorize the City Manager to execute a two -year PMI Dental Plan renewal. This service agreement requires PMI to provide dental benefits to City employees for calendar years 2003 and 2004, continues the current level of City dental benefits and contains a thirty - day termination clause. The renewal does not change the current City dental benefits or providers. ATTACHED SUPPORTING DOCUMENTS: Signature page of agreement with Private Medical -Care, Inc. (PMI) outlining contract terms FISCAL IMPACT: Operating Budget: Amount Requested: Account Number: Project Phase: Authorization to sign agreement. Appropriation Required: _ Yes X No ORIGINATED BY: DATE: �/Z s /o3 Bret Plumlee. Director Administrative Services REVIEWED BY DATE: /4114'_014.4 .� �X� Mary enn, City Manager 9 `1 PRIVATE MEDICAL -CARE, INC. 12898 Towne Center Drive, Cerritos, California 9070' ) (562) 924 -8311 (800) 801 -7105 APPLICATION FOR DeltaCare GROUP DENTAL SERVICE CONTRACT The undersigned group ( "Applicant ") hereby applies for a DeltaCare GROUP DENTAL SERVICE CONTRACT with PRIVATE MEDICAL - CARE, INC. ( "PMI ") on the following terms: 1. Applicant hereby authorizes PMI to furnish the dental Benefits described in the attached Contract, subject to all of the terms and conditions of the Contract. 11. Applicant or Enrollees agree to pay to PML in advance, the Premiums specified in Schedule D to the Contract. III. Upon acceptance of this Application by PMI, and payment of the initial Premiums, the Contract shall be effective at. 12:01 a.m. on the Effective Date shown on Schedule D and the Contract shall continue until terminated as provided. IV. Applicant agrees to make available to Eligible Employees or Enrollees any notices concerning Benefits required to be furnished by PMI. V. PMI will provide directly to each Eligible Person or Enrollee a combined Evidence of Coverage and Disclosure Form (EOC). PMI's Enrollment materials advise Eligible Persons that an EOC is also available upon request, prior to enrollment by contacting PMI's Customer Relations department. A matrix which describes the program's major Benefits and coverage is included at the beginning of the EOC and as Schedule F within this Contract. The EOC will disclose the terms and conditions of coverage, but will constitute only a summary of the program. As required by the California Health & Safety Code, the Contract must be consulted to determine the exact terms and conditions of the coverage provided. A copy of the Contract will be furnished upon request. Enrollees should read the EOC carefully. Persons with special healthcare needs should read the section entitled "Special Needs ". Pursuant to California Health and Safety Code, the EOC provides Enrollees with information regarding the societal benefits of organ donation and the method whereby an Enrollee may elect to be an organ or tissue donor. Enrollees may also obtain information about Benefits by calling PMI's Customer Relations department at (800) 422 -4234. VI. Applicant agrees to receive, on behalf of Enrollees, all applicable notices concerning Benefits under this Contract. VII. THE PREMIUMS AL, AFTER THE E OFETHE INITIAL CONTRACT TERM OR ANY SUBSEQUENT RENEWAL, TERM. VIII. THIS CONTRACT IS SUBJECT TO ARBITRATION IN ACCORDANCE WITH ARTICLE 6. (Date) 02012 -0017 (Group Number) City of El Segundo (Applicant) 350 Main Street, El Segundo, CA 90245 (Applicant Address) By: By. (Authorized Signature) (Licensed Registered Agent CP 02012 - 0017.3999 -1.AT PMI -CA EL SEGUNDO CITY COUNCIL MEETING DATE: April 1, 2003 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action authorizing the City Manager to execute an agreement with AON Consulting, as approved to form by the City Attorney, for actuarial services. RECOMMENDED COUNCIL ACTION: 1. Authorize the City Manager to execute an agreement with AON Consulting, as approved to form by the City Attorney, for actuarial services. 2. Alternatively discuss and take other action related to this item. BACKGROUND & DISCUSSION: The City participates in the CalPERS healthcare program through which the City reimburses retired employees health insurance premiums as described in the various MOUs. The City currently accounts for these benefits or a "pay -as- you -go" basis. The estimated cost for 2002- 2003 is $1 million, which represents a 100% increase since 1998. With medical care costs rising and increased retiree life expectancy, these costs will continue to rise. To assist in evaluating the potential future cost impact of this benefit staff is requesting to use AON Consulting to perform an actuarial analysis that will do the following: A. Assist staff in determining current and future costs of this benefit by considering future medical (premium increases, rate of retirement of current employees, and retiree life expectancy. B. Comply with the Governmental Accounting Standards Board (GASB) recently released exposure draft for retiree healthcare benefits requiring cities to recognize the promise of benefits to retirees as employees render service to the city. With this analysis, staff will have the ability to plan today for the future costs associated with this retiree healthcare benefit. ATTACHED SUPPORTING DOCUMENTS: Scope and Cost of Services (The Project Calendar will be updated based on approval date) FISCAL IMPACT: Operating Budget: $1,025,000 Amount Requested: $15,000 (Cost will be adsorbed in the 02 -03 budget for this retirement benefit) Account Number: 001 - 400 - 2901 -4204 Project Phase: Approval of Agreement Appropriation Required: _ Yes X No ORIG ATED BY: DATE: c 40- a P1u," I&C Bret M. Plumlee, Director Administrative Services REVIEWED BY DATE: M ry , City Manager 0 AoN � � 0 � Aon Consulting D � Employee Benefits Consulting Group March 17, 2003 Bret Plumlee Finance Director City of El Segundo 350 Main Street El Segundo, CA 90245 Re. Retiree Healthcare Actuarial Study Dear Mr. Plumlee: Aon Consulting is happy to provide the City of El Segundo actuarial consulting services. This letter summarizes our project scope and fee estimates associated with the City's retiree healthcare obligations. Background The City participates in Ca1PERS healthcare program and reimburses retired employees health insurance premiums as described in the various MOUs. The City currently accounts for these benefits on a "pay -as- you -go" basis. The Governmental Accounting Standards Board (GASB) is has just released an accounting standard exposure draft for retiree healthcare benefits, called other post employment benefits (OPEB) by GASB. I am a member GASB's task force providing background information to the Board on this issue. It is important to note the new GASB OPEB accounting standard will require the City to account for these retiree healthcare benefits on an accrual rather than a pay -as- you -go basis. The exposure draft makes it clear the City must recognize this promise to future retirees as employees render service to the City. Valuation Methodology The valuation will be prepared using the following four -step process: A. Initial planning meeting B. Actuarial calculations C. Preliminary results presentations D. Final report and presentations (if necessary) A. Initial planning meeting We will conduct an initial meeting with the City to discuss the City's strategic business goals. At that meeting we will also discuss project planning, timing and actuarial methods Aon Consulting & Insurance Services • California License 0763901 199 Fremont Street, 14th Floor • San Francisco, California 94105 • tel: (415) 486 -7500 • fax: (415) 486 -7026 Bret Plumlee March 17, 2003 Page 2 Aon Consulting Employee Benefits Consulting Group and assumptions. This meeting serves as an excellent forum for understanding each party's objectives. We will lead discussions concerning: ■ Comments on plan design; ■ Actuarial methods and assumptions, including our suggestions; ■ GA.SB reporting and disclosure issues; ■ Funding strategies and issues to consider and ■ Other relevant topics. We will discuss all actuarial methods and assumptions used to determine plan costs. It is vital the City understand these assumptions and that they be consistent with prior and future experience. B. Actuarial Calculations This process will generate the cost associated with the City's plan. Aon Consulting's actuarial programs are PC based, state -of -the -art programs, providing efficient, effective and understandable actuarial calculations. We will also provide benefit pay out projections for the plan. C. Preliminary Results Presentations An Aon Consulting strength is our ability to present complex actuarial topics in easily understood fashion. Essentially, we act as interpreters between "Actuarial" and English. These preliminary presentations may lead to further calculations. D. Final Report and Presentations In working with you, Aon Consulting will prepare an actuarial report for the plan. Aon Consulting valuations have several major distinguishing features: ■ A Management Summary for quick reference on plan financial conditions and funding; ■ abbreviated analysis of gains and losses to help test continuing propriety of current assumptions (of course gain /loss analysis are not appropriate for first time valuations); ■ emerging liability /cash flow analysis; and ■ analysis to help understand participant demographics and other important factors. The following outlines our anticipated valuation process and estimated timing: Bret Plumlee Aon Consulting March 17, 2003 Page 3 Employee Benefits Consulting Group All dates are preliminary and subject to City approval. Estimated Fees Our fees to prepare a valuation of the City's retiree healthcare obligations, consistent with the GASB OPEB exposure draft will be approximately $15,000. Please note: ■ We will bill the City at the following hourly rates: Vice President $250 Consultant $200 Actuarial Analyst $150 ■ The above fees are estimated and might be higher if: • participant data is not relatively clean and free from internal consistencies or is not provided in electronic form; • the City's retiree healthcare promise is more complicated than we have summarized above; and • results are needed separately for more than 4 bargaining groups. ■ We have included 2 meetings (1 to discuss actuarial methods and assumptions, and 1 to present results) in our estimated fees. ■ We agree to: • not bill more than $17,000 in fees, without prior approval; and • not bill for El Segundo meeting travel time. ■ Expenses for report production and the like are in addition to fees. Usually expenses are approximately 1096 of fees. However, we agree to limit miscellaneous expenses to $1,`i00 or 10% of hourly fees, whichever is less. ilk f Project Step Timing 1. Initial planning meeting March 24, 2003 2. City provides Aon data March 24, 2003 3. Aon reviews data and provides questions (if any) to City March 31, 2003 (• 1 week after (2)) 4. City clarifies /answers data questions April 7, 2003 (• 1 week after (3)) 5. Preliminary results presentations May 5, 2003 (• 4 weeks after (4)) 6. Final report and presentations (if necessary) May 19, 2003 (• 2 weeks after (5)) All dates are preliminary and subject to City approval. Estimated Fees Our fees to prepare a valuation of the City's retiree healthcare obligations, consistent with the GASB OPEB exposure draft will be approximately $15,000. Please note: ■ We will bill the City at the following hourly rates: Vice President $250 Consultant $200 Actuarial Analyst $150 ■ The above fees are estimated and might be higher if: • participant data is not relatively clean and free from internal consistencies or is not provided in electronic form; • the City's retiree healthcare promise is more complicated than we have summarized above; and • results are needed separately for more than 4 bargaining groups. ■ We have included 2 meetings (1 to discuss actuarial methods and assumptions, and 1 to present results) in our estimated fees. ■ We agree to: • not bill more than $17,000 in fees, without prior approval; and • not bill for El Segundo meeting travel time. ■ Expenses for report production and the like are in addition to fees. Usually expenses are approximately 1096 of fees. However, we agree to limit miscellaneous expenses to $1,`i00 or 10% of hourly fees, whichever is less. ilk f Bret Plumlee March 17, 2003 Page 4 Data Requirements Aon Consulting Employee Benefits Consulting Group To complete a valuation, please provide me: ■ Written summary (Council resolution, MOU, etc.) of the City's Other Post Employment Benefits promise (note: we have been provided MOUs for the City's Teamsters, CEA, IAFF, and POA bargaining groups), ■ active and retired participant data: • Active data: name; employee (or Social Security) number; sex; birth date; hire date; employee classification (e.g. Miscellaneous or Safety); medical plan coverage; family /single coverage; spouse's birth date (if available) and annual base (or PERSable) compensation. • Retiree data: name; employee (or Social Security) number; sex; birth date; retirement date (if available); employee classification (e.g. Miscellaneous or Safety); medical plan coverage; family /single coverage; and spouse's birth date (if available). We may need additional data, depending on our review of the City's benefit promise. We are prepared to begin this project immediately and can set meeting dates to discuss assumptions and present results as soon as we receive the above information. Normally a meeting; to discuss results is set approximately 3 -5 weeks after the later of receipt of the above information or after we discuss actuarial methods and assumptions. I look forward to working; with you and the City. Sincerely, _ �_ L%--�a John E. Bartel Vice President jb: JEB: Encl o.\prospect\:ity of el segundoVetter 03- 03- 17.doc It EL SEGUNDO CITY COUNCIL MEETING DATE: April 1, 2003 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action to approve Tract Map No. 51109 at 1415 East Grand Avenue. RECOMMENDED COUNCIL ACTION: Recommendation — (1) Approve Tract Map No. 51109; (2) Alternatively discuss and take other action related to this item. BACKGROUND & DISCUSSION: Tract Map No. 51109 is a subdivision to construct a 28 unit condominium project. The environmental assessment on this project was approved by the City Planning Commission on April 8, 1993. The tract map is ready for approval by the City Council. After approval, the map will be recorded in thE; County Recorder's Office. ATTACHED SUPPORTING DOCUMENTS: Location map. FISCAL IMPACT: None. Capital Improvement Program: Amount Requested: Account Number: Project Phase: Appropriation Required: ORIGINATED BY: aowO DATE: March 24, 2003 Andres Santarnaria, Director of Public Works REVIEWED BY: DATE: / Mary Strenn, City Ma er 20030401 - APPROVE TRACT MAP NO. 51109 - 1415 EAST GRAND AVENUE 11 �6 t fu 1 LL. W I AiNnoo S3139NV SO1 AM3 3Na0HItAVH J0 A110 O HZ 1 OAIC. 00310 NVS Q 1 v03N317 V I W W V J O 1NIII t Q t m ' m m w m ° N N N t '3AY SI$I \ m m J U Ll LI L1 LJ LJ U Ll L1 _ J ^ a d �, o pP. m I rJ 'aA18 NO11V1AY a is a 1'v r m `` opuno AIIO 1803 10 AvM , 13NtlON r 0. y J i Svionoa 1 W3 $v1on00' ^v OON003a Q a J ; WHOO ZO `o t $ i 31vAltld) AM F- Cz W O. ; 'Otl A31n0 ' ` 1YlN3NI1N0] x o r m 3NIl N33tl9 < 0813M 3 , e< 1S O'llOdv' 2 1 �r —► g \ AYM Ntlad = '1S HSYN U b� q W U) y J } (31VAWd) lY N3NLLN00 1`� AWA m w ' AYM S3H911H • -.-••- O G9 03111tl Z Z = fz-'CIA1B U is ASl3S 0 r A%V[ S£1 �/ m `m\ Z v03Alnd3S i B17 ©Q N_ 15 YNYIONI M418 S£1 M ' '3AV MYo H]Nla _ x s SIONI111 B'3AY 1113 0 O '3AV 3NId '15 N019NINSYM I T uAV LfINIaM 15 SYSNYM I Y1113SNIOd 1- 15 vlNtl0i11Y] c 3AV nlvd U NtlOilly] B t 1$ N093tl0 m C1A 3ldYn _ L YOYA3N MV 71i1]Yd ' Y I�AY 13Y011 C�� 15 1N37 ILCU H 'tl0 MO1YO z IC J�� ❑� 15 ONalAtlan W N CD VU VU A3Ntlnoii Z allnOl �B BBB '1S Y11NO1 Q '12 A l.tiv]* 15 YYtl31S 0 ,1(��.1k�1— �("'1�1{7� UY 3H7NY18 O 1 ��❑!VJ W ❑ ®B '1S NN3d w �. > I B = ® is N0013HC _ t 1$ vN3tlY fn N 1S aaYONYls 7 N i ©�1 dd3d �B�e r NN ~ ►�'�P O B BBBBB '1S NIYu pp II T 1S ONOn N]IY U l tl NO � B B � B '15 O 15 v....Nl9 . . IA �+ ®��e B ^B -® '1S 9NI11HM c ❑ F- `-'GII is als1A rnol � O e! ¢ sl anal BO a o a [ N i < i m l 1S 153U3111H t_ i 3 Z o � I \ Ur O QO C 15 �,� 1 3tl lIN 3¢ U 1S voinA I J. PR � W2r- tIS ^n� ' \ ~r _ J opunog A;!:) IsoM DES O _J A PNG� 2y LiJ V N of ° a_ n o of Q LL O c,\ v ZN O v U a � CL M N I' z W J EL SEGUNDO CITY COUNCIL AGENDA ITEM STATEMENT AGENDA DESCRIPTION: MEETING DATE: April 1, 2003 AGENDA HEADING: Consent Agenda Consideration and possible action regarding approval of a resolution of the City Council of the City of El Segundo authorizing the City Managerto bid and award contracts for the equipment, supplies and services for the FY 2002/2003 revolving Equipment and Supplies account, which had previously been approved in the 2002 -2003 Council budget - (Fiscal Impact = $372,500). RECOMMENDED COUNCIL ACTION: Recommendation — (1) Adoption of resolution; (2) Alternatively discuss and take other action related to this item BACKGROUND & DISCUSSION: (Background & discussion begins on the next page...) ATTACHED SUPPORTING DOCUMENTS: 1. Resolution. 2. Exhibit "A" -- Equipment and supplies list. FISCAL IMPACT: Operating Budget: Revolving Equipment and Supplies account Amount Requested: $372,500 Account Numbers: 001 - 400 - 2601 -5204 = $ 12,000 405 - 400 - 0000 -6215 = $20,000 001- 102 - 0000 -0803 = $165,000 001 - 400 - 2505 -8108 = $60,000 001 - 400 - 2601 -5204 = $ 12,000 405 - 400 - 0000 -6215 = $50,000 405 - 400 - 0000 -6215 = $ 53,500 Project Phase: Annual Appropriation Required: No ORIGINATED BY: DATE: March 24, 2003 Andres Santamaria, Director of Public Works REVIEWED BY: Mary Strenn, City anp9ler DATE: 12 20030401 — Resolution Authorizing City Manager to Award Contracts for Equipment, Supplies and Services BACKGROUND & DISCUSSION: At the March 4, 2003, Council meeting, a resolution was adopted that authorized the City Manager to bid and award contracts for purchasing City vehicles. This resolution will authorize the City Manager to bid and award contracts for the purchase of automotive parts, custodial, electrical, HVAC supplies, security card reading system, plumbing supplies and fixtures, electronic gates for City facilities, two -way radio system, and an emergency HVAC shut down system. Standard bid and award procedures will be used in this process. The purchase of this equipment has been approved by the City Council during the 2002 -2003 budget process. This resolution will allow the timely and efficient purchase of these supplies and equipment. 20030401 — Resolution Authorizing City Manager to Award Contracts for Equipment, Supplies and Services RESOLUTION NO. A RESOLUTION WAIVING BIDDING REQUIREMENTS IN THE ESMC AND AUTHORIZING THE CITY MANAGER TO BID, AWARD, AND EXECUTE CONTRACTS FOR SPECIFIC EQUIPMENT AND SUPPLIES ACQUISITIONS. BE IT RESOLVED by the Council of the city of El Segundo as follows: SECTION 1: The City Manager, or designee, is authorized to bid and award contracts for the equipment, supplies and services listed in the attached Exhibit "A" which is incorporated by reference. SECTION 2: Pursuant to El Segundo Municipal Code (`SSMC ") § 1- 5A -7(I), the City Manager is authorized to execute all contracts awarded pursuant to this Resolution without further City Council approval. SECTION 3: The City Manager, or designee, may take all reasonable measures to obtain competitive prices for the equipment, supplies, and services in Exhibit "A." While the procedures set forth in ESMC §§ 1 -7 -6 to 1 -7 -9 should generally be followed, failure to follow those procedures will not render transactions authorized by this Resolution void. The City Manager may, but is not required to, seek additional City Council approval for transactions made pursuant to this Resolution. SECTION 4: Pursuant to ESMC § 1 -7 -10, the City Council waives the bidding requirements listed in the ESMC in favor of those listed above for the items specified in Exhibit A. SECTION 5: The authorizations granted by this Resolution will expire after all transactions in Exhibit A are complete, on December 31, 2003, or upon termination by City Council action. SECTION 6: The City Clerk is directed to certify the adoption of this Resolution; record this Resolution in the book of the City's original resolutions; and make a minute of the adoption of the Resolution in the City Council's records and the minutes of this meeting. SECTION 7: This Resolution will become effective immediately upon adoption and will remain effective unless repealed or superseded. 1. U'bt Pear 25 03 04:33p Citu Clerk's Office 13101 615 -0529 p.16 PASSED AND ADOPTED this _ day of .2003. Mike Gordon, Mayor STATE OF CALIFORNIA COUNTY OF LOS ANGELES ) SS CITY OF EL SFGUNDO ) 1, Cindy Mortesen. City Clerk of the City of El Segundo, California, hereby certify that the whole nwntmr of m=bera of the City Council of the City is five; that the foregoing Resolution No. was duty passed and adopted by said City Council, approved and signed by the Mayor of said City, and attested to by the City Clerk of said City, all at a regular meeting of said Columcil held on the day of , 2003, and the same was so passed and adopted by the _ following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Cindy Mortesen, City Clerk APPROVED Mark: D. Hen By orb% /7 . Karl H. Berger Assistant City, I 1 q aged 2 WV OS:L0:6 : *W L £00Z/9Z 1£ :a1W U uu—oa 4vo :oi lewwoa-4 I WA: IWk9 -11 EQUIPMENT AND SUPPLIES General Services' Equipment Account Amount Custodial, electrical, mechanical, HVAC material and supplies for City facilities 001 - 400 - 2601 -5204 $12,000 Electronic and remote control gates for City facilities 405 - 400 - 000 -6215 $20,000 Automotive parts for vehicle repairs 001 - 102 - 0000 -0803 $165,000 Two -way radio system 001 - 400 - 2505 -8108 $60,000 Plumbing supplies and fixtures for City facilities 001 - 400 - 2601 -5204 $12,000 Emergency shut down system for HVAC for City facilities 405 - 400 - 000 -6215 $50,000 Security card reading system for City facilities 405 - 400 - 0000 -6215 $53,500 3. tJt)4, EL SEGUNDO CITY COUNCIL AGENDA ITEM STATEMENT AGENDA DESCRIPTION: MEETING DATE: April 1, 2003 AGENDA HEADING: Consent Agenda Consideration and possible action to approve a license agreement between Southern California Edison Company and the City of El Segundo to provide a pedestrian access walkway from Douglas Street to the Metro Green Line Station - Approved Capital Improvement (Program - (Estimated Cost = $11,616 for two (2) years). RECOMMENDED COUNCIL ACTION: Recommendation — (1) Approve license agreement; (2) Authorize the City Manager to execute the agreement on behalf of the City in a form approved by the City Attorney; (3) Approve a payment of $11,616 to Southern California Edison Company; (4) Alternatively discuss and take other action related to this item. BACKGROUND & DISCUSSION: (Background and discussion begins on the next page......) ATTACHED SUPPORTING DOCUMENTS: 1. License agreement. 2. Location map. FISCAL IMPACT: Capital Improvement Program Amount Requested: Account Number: Project Phase: Appropriation Required: $1,600,000 $ 11,616 301 - 400 - 8203 -8949 Under design No ORIGINATED BY: DATE: March 26, 2003 �-a- Andres Santarnaria, Director of Public Works REVIEWED BY: DATE: ?414:7.3 Mary Strenn, i Manager 20030401 - APPROVE LICENSE AGREEMENT BETWEEN EDISON COMPANY AND CITY- PEDESTRIAN ACCESS WALKWAY- DOUGLAS STREET PROJECT 13 BACKGROUND & DISCUSSION Douglas Street, north of the Metro Green Line Station, currently dead -ends at the Southern California Edison Company right -of -way. Access from this dead -end to the Metro Green Line Station is provided by a walkway through the Edison property. MTA initially built this walkway under a license agreement with the Edison Company. The MTA recently notified the City that it will discontinue their license agreement with Edison unless the City paid MTA the license fee of $11,000 /year charged by Edison. City staff discussed this matter with Edison which has agreed to provide a license agreement directly to the City at a fee of $11,600 for a two (2) year term. This represents a savings to the City of $10,400 over the next two (2) year period. Until the termination of the proposed agreement on December 31, 2004, the walkway will be kept open to provide temporary pedestrian access during construction of the Douglas Street Gap Closure / Railroad Grade Separation Project. After project completion, the access walkway will not be needed since permanent access will be provided by sidewalks adjacent to the new roadway. Staff recommends City Council approval of the proposed license agreement. 20030401 - APPROVE LICENSE AGREEMENT BETWEEN EDISON COMPANY AND CITY - PEDESTRIAN ACCESS WALKWAY - DOUGLAS STREET PROJECT CITY OF EL SEGUNDO Licensee COPY Property No. PLENS732J34 Account No. 3722 L I C E N S E A G R E E M E N T INDEX 1. USE 2. TERM 3. CONSIDERATION 4. INSURANCE 5 LICENSER'S USE OF THE PROPERTY 6. LICENSEE'S IMPROVEMENTS 7. LICENSEE'S PERSONAL PROPERTY 8. HEIGHT LIMITATIONS 9. ACCESS AND CLEARANCES 10. PARKING 11. FLAMMABLES, WASTE AND NUISANCES 12. PESTICIDES AND HERBICIDES 13. HAZARDOUS WASTE 14. SIGNS 15. FENCING 16. PARKWAYS AND LANDSCAPING 17. IRRIGATION EQUIPMENT 18. UNDERGROUND TANKS 19. UNDERGROUND FACILITIES 20. UTILITIES 21. TAXES, ASSESSMENTS AND LIENS 22. EXPENSE 23. ASSIGNMENTS 24. COMPLIANCE WITH LAW 25. GOVERNING LAW 26. INDEMNIFICATION 27. TERMINATION 28. EVENTS OF DEFAULT 29. REMEDIES 30. NON- POSSESSORY INTEREST 31.. WAIVER 32. AUTHORITY 3'. ATTORNEY FEES 34. ELECTRIC AND MAGNETIC FIELDS 35. NOTICES 36. RECORDING 37. COMPLETE AGREEMENT ADDENDUM: PARKING Licensee Copy, 1`'11 Licensee Copy LICENSE AGREEMENT Property No. PLENS732J34 Account No. 3722 THIS AGREEMENT, made as of the _,Z / -1-7 day of , 200 2 , between SOUTHERN CALIFORNIA EDISON COMPANY (SCE), a corporation organized under the laws of the State of California, hereinafter called "Licensor ", and CITY OF EL SEGUNDO, a Municipal Corporation hereinafter called "Licensee "; WITNESSETH: That Licensor, for and in consideration of the faithful performance by Licensee of the terms, covenants and agreements hereinafter set forth to be kept and performed by Licensee, does hereby give to Licensee the license to use that certain real property located in the City of El Segundo, County of Los Angeles, State of California, as more particularly depicted on Exhibit "A" attached hereto and made a part hereof, the ( "Property "), solely for the purpose hereinafter specified, upon and subject to the terms, reservations, covenants and conditions hereinafter set forth. Covenants, conditions, restrictions, reservations, exceptions, rights and easements, whether or not of record including but not limited to, the following: A. An easement for pipeline in favor Shell Oil Company, recorded August 6, 1941, in Book 18534, page 320 of Official Records. B. The right to construct, maintain and use streets, roads or alleys across said land (not longitudinally) and maintain within said street, etc., pipelines, storm drains and other public utilities, except electric power lines and the right for spur tracks and switches and to construct and maintain ditches and water, oil, gas and drainage pipes across said land, as reserved in Deed from Security Trust National Bank, recorded March 6, 1930, in Book 9840, page 33 of Official Records. C. An easement for pipeline in favor of Los Angeles County Flood Control, recorded March 11, 1971, in Book 04993, page 907 of Official Records. 1. Use: Licensee will use the Property for pedestrian access purposes and vehicle parking only. Licensor makes no representation, covenant, warranty or promise that the Property is fit for any particular use, including the use for which this Agreement is made and Licensee is not relying on any such representation, covenant, warranty or promise. Licensee's failure to make such use of the Property as determined by the Licensor in its sole discretion, will be grounds for immediate termination of this Agreement in accordance with Article 28. 2. Term: Unless otherwise terminated as provided herein, this Agreement will be in effect for a term of two (2) year commencing on the first day of January, 2003 and ending on the last day of December. 2004. Licensee acknowledges that this Agreement does not entitle Licensee to any subsequent agreement, for any reason whatsoever, regardless of the use Licensee makes of the Property, the improvements Licensee places on or makes to the Property, or for any other reason. 3. Consideration: Licensee will pay to Licensor the sum of Eleven Thousand Six Hundred Sixteen and 00! 100 Dollars ($11,616.00) for the full term of this Agreement. All accounts not paid within 30 days of the agreed upon due date will be charged a late fee on all amounts outstanding. 4. Insurance: During the term of this Agreement, Licensee shall maintain the following insurance: (a) Workers' Compensation with statuton• limits, in accordance with the laws of the State of California and Employer's Liabilitv with limits of not less than $1,000,000.00. Licensee shall require its insurer to waive all rights of subrogation against Licensor, its officers, agents and employees, except for any liability resulting from the willful or gross negligent acts of the Licensor. (b) Comrnercial General Liability Insurance, including contractual liability and products liability, with a combined single limit of $2,000,000.00. Such insurance shall: (i) name Licensor, its officers, agents and employees as additional insureds, but only for Licensee's acts or omissions; (ii) be primary for all purposes and (iii) contain standard cross - liability provisions. (c) Commercial Automobile Insurance with a combined single limit of $1,000,000.00. Such insurance shall: (i) cover the use of owned, non - owned and hired vehicles on the Property and (ii) name Licensor, its officers, agents and employees as additional insureds. Licensee shall provide Licensor with proof of such insurance by submission of certificates of insurance, pursuant to Section 35 "Notices," at least ten days prior to the effective date of this Agreement. Such insurance shall not be canceled nor allowed to expire or be materially reduced without thirty days prior written notice to Licensor. 5. Licensors Use of the Property: Licensee agrees that Licensor, its successors and assigns, have the right to enter upon the Property, at any time, for any purpose, and the right to conduct anv activity on the Property. Exercise of these rights by Licensor, its successors and assigns, will not result in compensation to Licensee for any damages whatsoever to personal property and /or crops located on the Property. 6. Licensee's Improvements: Licensee must submit, for Licensor's prior written approval, complete improvement plans, including grading plans, identifying all existing and proposed improvements, a minimum of sixty (60) days prior to making any use of the Property. Licensee must submit, for Licensor's prior written approval plans for any modifications to such improvements. Written approval may be modified and /or rescinded by Licensor for any reason whatsoever. At any time, Licensee may be required to modify and /or remove any or all such previously approved improvements at Licensee's risk and expense and without any compensation from Licensor. Licensor is not required, at any time, to make any improvements, alterations, changes or additions of any nature whatsoever to the Property. Licensee expressly acknowledges that any expenditures or improvements will in no way alter Licensor's right to terminate in accordance with Article 27. 7. Licensee's Personal Property: All approved equipment and other property brought, placed or erected on the Property by Licensee shall be and remain the Property of Licensee, except as otherwise set forth herein. If Licensee is not in default hereunder, Licensee shall have the right to remove the same frorn the Property at any time prior to the expiration or earlier termination of this Agreement; provided. however, that Licensee shall promptly restore any damage to the Property caused by the removal. If Licensee is in default, however, such equipment or -other property shall not be removed by Licensee without Licensor's written consent until Licensee has cured such default, and Licensor shall have a lien thereon to the extent thereof. S. Heigh,, Limitations: Any equipment used by Licensee or its agents, employees or contractors, on and/or adjacent to the Property, will be used and operated so as to maintain a minimum clearance of twenty -five (25) feet from all overhead electrical conductors. All trees and plants on the Property will be maintained by Licensee at a maximum height of fifteen ) 15) feet. If requested by Licensor, Licensee will remove any tree and /or other planting. 9. Access and Clearances: Licensee will provide Licensor with adequate access to all of Licensors facilities on the Property and at no time will there be any interference with the free -2- . �I n `J 7 movement of Licensor's equipment and materials over the Property. Licensor may require Licensee to provide and maintain access roads within the Property, at a minimum usable width of sixteen (16) feet, together with commercial driveway aprons and curb depressions capable of supporting a gross load of forty (40) tons on a three -axle vehicle. The minimum width of all roads shall be increased on curves by a distance equal to 400 /inside radius of curvature. All curves shall have a radius of not less than 50 feet measured at the inside edge of the usable road surface. Unless otherwise specified in writing by Licensor, Licensee will make no use of the area directly underneath Licensor's towers and will maintain the following minimum clearances at all times: a. A 25- foot - radius around all tower legs. b. A 10- foot - radius around all steel and wood poles. NOTE: Additional clearance shall be required for structures and other material improvements. 10. Parkin: Licensee will not park, store, repair or refuel any motor vehicles or allow parking, storage, repairing or refueling of any motor vehicles on the Property unless specifically approved in writing by Licensor. 11. Flaminables_Waste and Nuisances: Licensee will not, nor allow others to, place or store any flammable or waste materials on the Property or commit any waste or damage to the Property or allow any to be done. Licensee will keep the Property clean, free from weeds, rubbish and debris, and in a condition satisfactory to Licensor. Licensee will be responsible for the control of and will be liable for any damage or disturbance, caused by dust, odor, flammable or waste materials, noise or other nuisance disturbances. Licensee will not permit dogs on the Property. 12. Pesticides and Herbicides: Any pesticide or herbicide applications and disposals will be made in accordance with all federal, state, county and local laws. All horticulture Licensees are required to provide a copy of the annual License for Pest Exclusion/ Nursery Program from the State of California, Department of Food and Agriculture. Licensee will dispose of all pesticides, herbicides and an% other toxic substances declared to be either a health or environmental hazard as well as all materials contaminated by such substances, including but not limited to, containers, clothing and equipment in the manner prescribed by law. 13. Hazardous Waste: Licensee will not engage in, or permit any other party to engage in, an% activity on the Property that violates federal, state or local laws, rules or regulations pertaining -to hazardous, toxic or infectious materials and /or waste. Licensee will indemnify and hold Licensor, its directors, officers, agents and employees, and its successors and assigns, harmless from any and all claims, loss, damage, actions, causes of action, expenses and /or liability arising from leaks of, spills of. and/or contamination by or-from hazardous materials as defined by applicable laws or regulations, «•hick may occur during and after the Agreement term, and are attributable to the actions of, or failure to ac*, by, Licensee or any person claiming under Licensee. 14. Signs: Licensee must obtain written approval from Licensor prior to the construction or placement of any sign, signboard or other form of outdoor advertising. 1.5. Fencing: Licensee may install fencing on the Property with prior written approval from Licensor. Such fencing will include double drive gates, a minimum of sixteen (16) feet in width, designed to accommodate Licensors locks, in locations specified by Licensor. Licensee will ground �tnd maintain all fencing. 16. Parkways and Landscaping: Licensee will keep parkway and sidewalk areas adjacent to the Propert'• free of weeds and trash. Licensee will maintain parkways and provide landscaping that is compatible with adjoining properties and that is satisfactory to Licensor. �{ f -3- " 17. Irrigation Equipment: Any irrigation equipment located on the Property prior to the commencement of this Agreement, including but not limited to pipelines, well pumping equipment and other structures, is the property of Licensor and will remain on and be surrendered with the Property upon termination of this Agreement. Licensee will maintain, operate, repair and replace, if necessary, all irrigation equipment at its own expense. 18. Underground Tanks: Licensee will not install underground or above - ground storage tanks, as defined by any and all applicable laws or regulations, without Licensor Is prior written approval. 19. Underground Facilities: Any underground facilities installed or maintained by Licensee on the Property must have a minimum cover of three feet from the top of the facility and be capable of withstanding a gross load of forty (40) tons on a three -axle vehicle. Licensee will compact any earth to a compaction of ninety percent (90 %). Licensee will relocate its facilities at its own expense so as not to interfere with Licensor's proposed facilities. 20. Utilities: Licensee will pay all charges and assessments for, or in connection with, water, electric current or other utilities which may be furnished to or used on the Property. 21. Taxes, Assessments and Liens: Licensee will pay all taxes and assessments which may be levied upon any crops, personal property, and improvements, including but not limited to, buildings, structures, and fixtures on the Property. Licensee will keep the Property free from all liens, including but not limited to, mechanics liens and encumbrances by reason of use or occupancy by Licensee, or any person claiming under Licensee. If Licensee fails to pay the above - mentioned taxes, assessments or liens when due, Licensor will have the right to pay the same and charge the amount to the Licensee. All accounts not paid within 30 days of the agreed upon due date will be charged a "late fee'' on all amounts outstanding up to the maximum rate allowed by law. 22. Expense: Licensee will perform and pay all obligations of Licensee under this Agreement. All matters or things herein required on the part of Licensee will be performed and paid for at the sole cost and expense of Licensee, without obligation on the part of Licensor to make payment or incur cost or expense for any such matters or things. 23. Assignments: This Agreement is personal to Licensee, and Licensee will not assign, transfer or sell this Agreement or any privilege hereunder in whole or in part, and any attempt to do so will be void and confer no right on any third party. 24. Compliance with Law: Licensee will comply with all applicable federal, state, county and local laws, all covenants, conditions and restrictions of record and all applicable ordinances, zoning restrictions, rules, regulations, orders and any requirements of any duly constituted public authorities now or hereafter in any manner affecting the Property or the streets and ways adjacent thereto. Licensee will obtain all permits and other governmental approvals required in connection with Licensee's activities hereunder. 25. Governing Law: The existence, validity, construction, operation and effect of this Agreement and all of its terms and provisions will be determined in accordance with the laws of the State of California. 26. Indemnification: Licensee shall hold harmless, defend and indemnify Licensor, its officers, agents and employees, and its successors and assigns, from and against all claims, loss, damage, actions, causes of actions, expense and /or liability arising from or growing out of loss or damage to property. including that of Licensor, or injury to or death of persons, including employees of Licensor resulting in any manner whatsoever. directly o- r indirectly, by reason of this Agreement or the n use or occupanc,.- of the ProertN- 5y Licensee or any person claiming under Licensee. -4- uJ. I .J 27. Termination: This Agreement may be canceled and terminated by either Licensor or Licensee, at any time, upon thirty (30) days notice in writing. Licensee will peaceably quit, surrender and, prior to termination date, restore the Property to a condition satisfactory to the Licensor. Termination, cancellation, or expiration does not release Licensee from any liability or obligation (indemnity or otherwise), which Licensee may have incurred. Licensee's continued presence after termination shall be deemed a trespass. 28. Events of Default: The occurrence of any of the following shall constitute a material default and breach of this Agreement by Licensee: (a) Any failure by Licensee to pay the consideration due in accordance with Article 3, or to make any other payment required to be made by Licensee hereunder when due. (b) The abandonment or vacating of the Property by Licensee. (c) Any attempted assignment or subletting of this Agreement by Licensee in violation of Article 23. (d) The violation by Licensee of any resolution, ordinance, statute, code, regulation or other rule of any governmental agency in connection with Licensee's activities pursuant to this Agreement. (e) A failure by Licensee to observe and perform any other provision of this Agreement to be observed or performed by Licensee, where such failure continues for the time period specified in a written notice thereof by Licensor to Licensee. (f) Anv attempt to exclude Licensor from the licensed premises. (g) The making by Licensee of any general assignment for the benefit of creditors; the appointment of a receiver to take possession of substantially all of Licensee's assets located on the Property or of Licensee's privileges hereunder where possession is not restored to Licensee within five (5) days; the attachment, execution or other judicial seizure of substantially all of Licensee's assets located on the Property or of Licensee's privileges hereunder, where such seizure is not discharged within five (5) days. (h) Any case,. proceeding or other action brought against Licensee seeking any of the relief mentioned in "clause g" of this Article which has not been stayed or dismissed within thirty (30) days after the commencement thereof. 29. Remedies: Ir. the event of any default by Licensee, then in addition to any other remedies available to Licensor at law or in equity, Licensor shall have the immediate option to terminate this Agreement and all rights of Licensee hereunder by giving written notice of termination .o Licensee. upon termination, Licensor will have the right to remove Licensee's personal property 'rom the Property. including but not limited to, buildings, structures and fixtures. In addition, Licensor may immediately recover from Licensee all amounts due and owing hereunder, plus interest at the maximum rate permitted by law on such amounts until paid, as well as any other amount necessary to compensate Licensor for all the detriment proximately caused by Licensee's failure to ;)e-form its obligations under this Agreement. 30. ;ion- Possessory Interest: Licensor retains full possession of the Property and Licensee 1111 not acquire an interest temporan'. permanent, irrevocable, possessory or otherwise by reason of i:ts Agreement, or by the exercise of the permission given herein. Licensee will make no claim to anv s ,c'.7 : nterest :gym• violation of this provision will immediately void and terminate this Agreement. 31. Waiver: No waiver by Licensor of any provision hereof shall be deemed a waiver of any other provision hereof or of any subsequent breach by Licensee of the same or any other provision. Licensor's consent to or approval of any act shall not be deemed to render unnecessary the obtaining of Licensor's consent to or approval of any subsequent act by Licensee. 32. Authority: This Agreement is pursuant to the authority of and upon, and is subject to the conditions prescribed by General Order No. 69 -C of the Public Utilities Commission of the State of California dated and effective Julv 10, 1985, which General Order No. 69 -C, by this reference, is hereby incorporated herein and made a part hereof. 33. Attorneys' Fees: In the event of any action, suit or proceeding against the other, related to this Agreement, or any of the matters contained herein, the successful party in such action, suit or proceeding shall be entitled to recover from the other party reasonable attorney fees incurred. 34. Electric and Magnetic Fields ( "EMF: There are numerous sources of power frequency electric and magnetic field ("EMF "), including household or building wiring, electrical appliances and electric power transmission and distribution facilities. There have been numerous scientific studies about the potential health effects of EMF. Interest in a potential link between long -term exposures to EMF and certain diseases is based on the combination of this scientific research and public concerns. While some 30 years of research have not established EMF as a health hazard, some health authorities have identified magnetic field exposures as a possible human carcinogen. Many of the questions about specific diseases have been successfully resolved due to an aggressive international research program. However, potentially important public health questions remain about whether there is a link between EMF exposures in homes or work and some diseases including childhood leukemia and a variety of other adult diseases (e.g. adult cancers and miscarriages). While scientific research is continuing on a wide range of questions relating to exposures at both work and in our communities, a quick resolution of the remaining scientific uncertainties is not expected. Since Licensee plans to license or otherwise enter SCE's property that is in close proximity to SCE's electric facilities, SCE wants to share with Licensee and those who may enter the property under this agreement, the information available about EMF. Accordingly, SCE has attached to this document, a brochure that explains some basic facts about EMF and that describes SCE's policy on EMF. SCE also encourages you to obtain other information as needed to assist you in understanding the EMF respect to your planned use of this property. 35. Notices: All notices required to be given by either party will be made in writing and deposited in the-United States mail, first class, postage prepaid, addressed as follows: To Licensor: Southern California Cdison Company Corporate Real Estate Department Real Estate Operations Division 14799 Chestnut Street Westminster, CA 92683 To Licensee: City of E1 Segundo 350 Main St. E1 Segundo, CA 90245 Phone No. (310) 322 -4670 Licensee will immediately notify Licensor of any address change. 36. Recordine: Licensee will not record this Agreement. -6- !! �+ 37. Complete Agreement: Licensor and Licensee acknowledge that the foregoing provisions and any addenda and exhibits attached hereto constitute the entire Agreement between the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in duplicate as of the day and year herein first above written. SOUTHERN CALIFORNIA EDISON COMPANY i By: �. ' LICENSOR ven K. Alford Right of Way Agent Real Estate Operations Corporate Real Estate Department CITY OF EL SEGUNDO, A MUNICIPAL CORPORATION ME Print Name: Licensee Copy Title: ska LICENSEE J ADDENDUM PARKING A. Vehicles parked on the Property are limited to those owned by Licensee and its employees, invitees, customers and visitors. Licensee will not allow the storage, repairing or refueling of any vehicles on the property. B. No portion of the Property will be used to satisfy the minimum parking requirements of any government agency. C. Licensee must obtain prior written approval from Licensor for any vehicle parking improvements and /or subsequent modification. Licensee will maintain parking improvements at all times in a safe condition satisfactory to Licensor. D. Parking will be permitted in designated areas only. No parking will be permitted under or within ten feet of the "drip line" of Licensor's overhead electric conductors. E. At any time, Licensor may require the relocation of any portion of the parking improvements: Licensee will relocate same, at its expense, to a location satisfactory to Licensor within sixty (60) days after receiving notice to relocate from Licensor. Licensee Copy Licensee's Initials -ie NT—.. �caWn�?a_pW( 6 Q 0 100 200 400 SCALE IN FEET o PROP. 16' SLIDING GATE N -76\ 179.49' 487't \ S.C.E. CO. i R/W 'I°. ; 3oa.00' - I 452' +I II 16 7. PEDESTRIAN i 0 _ 2 16' ACCESS RD. i I WALKWAY 9 cD 198.Q5' SEE DETAIL BEL01h' A. T. & S. F. RY. I I I G rnW ICI x s� 6. N 50.31'2S" W / i 55.55' r a ` W N a) 3 S6• o A� z z� . A�dI � .Q A� 10 FT. PEDESTRIAN C,g3 WALKWAY o J 4 2p o �gs'Sp� a LEGEND co`�� J Q N LANDS OF SOUTHERN CALIFORNIA EDISON CO. BEING LICENSED TO THE CITY OF EL SEGUNDO � APPROXIMA; E STEEL POLE LOCATION (25' CLEARANCE) DETA -M ♦-� APPROXIMA t. H- -FRAME LOCATION (10' CLEARANCE) NOT TO SCALE i „ "ATOTAL AREA(GROSS) i SQ.FT. 7546 j AC. 0.173 EXHIBIT FACILITY NAME: EL NIDO- SEPULVEDA CULVER 88KV T/L R/W I P.I.D. NO. ACCT. NO.: 17« -- PROPERTY NO.: PLENS732J34 ' CITY: EL SEGUNDO T.G.: 732/J3 PERMITTEE: C;T" OF EL SEGUNDO R/P AGENT: STEVEN ALFORD COUNTY: LOS ANGELES STATE: CA '_AND MAPPING: I SPECIALIST: C. E. LAMPINO I T/S APPROVAL SANDERS MAP ti0.: 520579 M. S.: Ceograpnic information Sernces Real Properties & Administrative Services Sourhem Califomic Edison Comoan i HER RE =.: ASSESSORS MAP 1138 -12 1 DATE: -ie NT—.. �caWn�?a_pW( 6 O > y a Q I� J I -15 >'� Sv1On0O Q I J W W I D < H c W I ; O W CL I A1Nn07 S3130NV S0I AM3 Z m 3Nli0H1MYH 30 A110 ¢ - W 1S HSVN 2 > 2 N I On1B 00310 NYS F s( 11 b03Ng1j - (31VAItld) I AVM S3W.DnH - --�• -- 6 U N U N W W ♦, j o 2 W �i N N d 9 9 9 9 9 9 °elm ^ SISI e m o 3AV 4.0— ILI ILI��I�� i.— OAIB Lhi Y e S a 1 v ' 117 `` oyuno pl F9 A1t7 1sI O > y a Q I� J I -15 >'� Sv1On0O Q I J W 0 I D < H c W I ; OY A31n0, a CL Z m 3NII N331j•J > Otl13Mjt: ¢ - W 1S HSVN 2 —~ N - -~ I uj 1V N3MI1N0' J > W ¢ 0 ° Z - (31VAItld) I AVM S3W.DnH - --�• -- 6 S 1tlOdMV 'OAIB C U N 1f 18135 o 2 W O J a = L. l� 1gNl <� o wt VNVIONI < 'Lf fIONIl11 N O a 15 N019NINSIM SVSNVN IS 1S VINYO411V] 111v] t 15 N003tl0 .G1In3N �'LLL..FFLLLyy:••�IILLL��+��' �� "15 Y 31 N 3 ] CA W i�� T YO MOIVONni 1f ON V11Y Iw (7 , LI _' N 10 A U IL+I,J• v11w01 L--1f Q 1113 Q 6 1f VYY3.1 1F ❑ ® � 1S NN3d O B ° �--�® li MOOl3Ni D � � I�LLL[r~J7 15 VN3Y• 0 N C1LJ B^ O B OYVOMV1f tl Ndid � is Nlvw 4.��.� -y� li ONONN]IY ld EIFJ ms I� ^ ^Q LS OYO]NO] ^� Ir �U•— JI_U_,J '1S 1INI1YIA II I1II F� ❑CC BBB 1f 9MI1IXM 15 v1S1A VwOI vwOl z ull< ZI �;� wl 2 ❑ A3llvA c d I IIIj�' Z. II �LUUI b\ A C74 •]]514 `�\ I J ♦// 0_T A�CWnCO_AIIO IVVM O OF G Z I Q U O U Q CL MYI IS£1 M91tl SE1 > WQ 2 W 0: t vl 7 O U J °p� No1lVlnv OI '3AV OON003tl 'AM Mu ivN 1 m 01\ VQWinan in I N '3AV MVO – C' 3AV N13 -3 AV 3NId 1�3AV InNIVII V11136NI0d `e 3AV NIVd a o '3AV 31dvw m C3/d Oldlovd u I�AV 13Ynvl E a I�LY A3NYl101d .—IOU 3N3NV1B � u v W N -b P N IA N o a9 y+ 03 F Z W J 4 U to a. cQ G S U Q LU m 2 Q 1-� Q 2 2 u. O Y H u O U J W Q Pn i i co Z W J U. U81 EL SEGUNDO CITY COUNCIL MEETING DATE: April 1, 2003 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action for approval of a First Amendment to Agreement No. 3095 with JCM Facilities Planning and Management for professional architectural services for the remodeling of Fire Station No.1 - Approved Capital Improvement Program - (Fiscal Impact = $18,000). RECOMMENDED COUNCIL ACTION: Recommendation — (1) Approve First Amendment to Agreement No. 3095; (2) Authorize the City Manager to sign the amendment; (3) Alternatively discuss and take other action related to this item. BACKGROUND & DISCUSSION: On July 2, 2002, the City Council awarded a contract to JCM Facilities Planning and Management to provide design and construction support services for the installation of the City Hall elevator. On November 19, 2002, a contract was awarded to JCM to provide the same type of ;service for the City Hall Improvements Phase 2. The contract amendment to the City Hall Phase 2 project will allow JCM to provide a space plan, construction documents and engineering drawings for Fire Station No. 1. The existing Fire Station No. 1 office use space has become quite impacted with the number of personnel stationed there. This project will relieve the congestion and provide a plan to make the station more efficient. ATTACHED SUPPORTING DOCUMENTS: First Amendment to Agreement No. 3095 with JCM Facilities Planning and Management. FISCAL IMPACT: Capital Improvement Program Amount Requested: Account Number: Project Phase: Appropriation Required: $50,000 $18,000 301 - 400 - 8207 -8484 Contract Amendment No. 1 No ORIGINATED BY: ax' � DATE: March 25, 2003 Andres Santamaria, Director of Public Works REVIEWED BY: DATE: Mary Strenn, City ana r 14 20030401 - -FIRST AMENDMENT TO AGREEMENT NO. 3095 - JCM FACLITIES PLANNNG AND MANAGEMENT-ARCHITECTURAL SERVICES- REMODEL OF FIRE STATION NO. 1 w FIRST AMENDMENT TO AGREEMENT NO. 3095 BETWEEN THE CITY OF EL SEGUNDO AND JCM FACILITIES PLANNING AND MANAGEMENT THIS FIRST AMENDMENT ( "Amendment ") is made and entered into this 1St day of April 2003, by and between the CITY OF EL SEGUNDO, a general law city and municipal corporation existing under the laws of California ( "City), and JCM FACILITIES PLANNING AND MANAGEMENT ( "Consultant "). Pursuant to Agreement No. 3095 ( "Agreement "), executed by the parties on or about January 21, 2003, is amended to read as follows: SCOPE OF SERVICES. Consultant agrees to perform the services set forth in attached proposal, which is incorporated herein by reference. Consultant represents and warrants that it has the qualifications, experience and facilities to properly perform these services in a thorough, competent and professional manner and will at all times during the term of this Agreement possess valid business license as required by law, including, without limitation, a valid El Segundo Business License. Consultant will begin performance under this Agreement on April 1, 2003. Consultant will complete each of the tasks in attached proposal to the City's satisfaction. If the City is not satisfied with such services, the Consultant will work on the matter until the City approves of the service. Further, the Consultant will complete the services set forth in attached proposal strictly according to the listed schedule or as otherwise agreed by both parties. The term of the Contract will be for time listed in the attached schedule or as otherwise agreed by both parties. The City agrees to pay Consultant $17,900 for these services. 2. The attached Proposal which is incorporated by reference, adds to the Consultant's Scope of Services in the Agreement. 3. This Amendment may be executed in any number of counterparts, each of which will be an original, but all of which together shall constitute one instrument executed on the same date. 4. Except as modified by this Amendment, all other terms and conditions of Agreement No. 3095 will remain the same. [Signatures on following page] J� From: KBBL To: Cathy Domann Date: 3/2612003 Time: 9:07:50 AM Page 2 of 4 Mar 25 03 04:32'p City Clerk's Office (3101 815 -0529 p.13 CITY OF EL SEGUNDO, it general law city. Mary Strain, City Manager ATTEST: Cindy Manesen, City Clerk: APPROVED AS Mark By. Karl K. Berger, Assistant City A�M JCM FACILITIES PLANNING AND MANAGEMENT President j 0 _Y March 21, 2003 City of El Segundo Fire Station 314 Main Street El Segundo, CA 90245 I. Phase I — Space Plan • Prepare Building Backgrounds • Perform Field Verification • Develop Space Plan II. Phase II — Construction Documents A. Architectural Drawings • Demolition • Construction • Power & Telephone • Reflected Ceiling • Finishes • Specs • Permit Ill. Phase III — Engineering • Mechanical Drawings • Electrical Drawings • Plumbing Drawings Exceeding Your Expectations Fee: $3,500.00 Completion Time: 1 week Fee: $6,000.00 Completion Time: 3 weeks $2,800.00 $3,100.00 $2,500.00 Fee: $8,400.00 Completion Time: 2 weeks t�� EL SEGUNDO CITY COUNCIL MEETING DATE: April 1, 2003 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action regarding approval of the SPCA contract for animal sheltering services — (Fiscal Impact = $26,400). RECOMMENDED COUNCIL ACTION: (1) Approve the SPCA contract for animal sheltering services and authorize the City Manager to execute. (2) Alternatively discuss and take other action related to this item. BACKGROUND & DISCUSSION: On May 21, 2002, the City Council approved contract #3013 authorizing the SPCA to provide animal sheltering services for the City. Following an annual review of the contract, no fiscal adjustments were made as funding for these animal care services remained at the annual amount of $26,400 per year ($2,200 per month). Continued on Page Two ATTACHED SUPPORTING DOCUMENTS: SPCA Contract FISCAL IMPACT: Operating Budget: $34,500. Amount Requested: $26,400. Account Number: 001 - 400 - 3108 -6206 Project Phase: Implementation Appropriation Required: No March , Gam% - �ack Wayt ief of Police REVIEWED BY: DATE: Mary Stren , it, Manager 15 `'�t"a Agenda Item: SPCA Contract El Segundo City Council Meeting Date: April 1, 2003 Page Two BACKGROUND & DISCUSSION: The SPCA has provided outstanding services to the Animal Control Division of the El Segundo Police Department. As part of these services, the SPCA professionally accepts and disposes all dead animals delivered by police personnel, harbors and provides medical screening for live domestic animals, and provides life rescue and release of wild animals. The SPCA staff is on site seven (7) days a week between the hours of 8:00 am to 5:00 pm. Animal Control personnel have keys to the SPCA facility for after hour animal deliveries. During the contract period, the SPCA has accepted the following animals: Live Dogs 68 Live Cats 23 Live Other (Birds, Raccoons, Possums, etc.) 97 Dead Dogs 14 Dead Cats 32 Dead Other (Birds, Raccoons, Possums, etc.) 112 The Police Department is requesting approval of this contract for continued animal sheltering services from the SPCA. Agreement No. CONTRACT FOR ANIMAL SHELTERING SERVICES BETWEEN THE CITY OF EL SEGUNDO AND SPCALA This AGREEMENT is entered into this 1 st day of March, 2003, by and between the CITY OF EL SE,GUNDO, a general law city and municipal corporation ( "CITY") and SPCALA, a California Corporation ( "CONTRACTOR "). 1. CONSIDERATION. A. As partial consideration, CONTRACTOR agrees to perform the work listed in the SCOPE OF SERVICES, below; B. As additional consideration, CONTRACTOR and CITY agree to abide by the teams and conditions contained in this Agreement; C. As additional consideration, CITY agrees to pay CONTRACTOR a monthly sum equal to two thousand two hundred dollars ($2200) for CONTRACTOR's services. Unless otherwise specified by written amendment to this Agreement, CITY will pay this sum within fourteen (14) days after receiving an invoice. 2. SCOPE OF SERVICES. CONTRACTOR will serve as the Director of Animal Sheltering for CITY in accordance with applicable law. To fulfill this responsibility CONTRACTOR. will furnish an animal shelter located at 12910 Yukon Avenue in the City of Hawthorne and maintain that animal shelter during the term of this Agreement. Additionally, CONTRACTOR. agrees to investigate any animal cruelty complaint forwarded by CITY to CONTRACTOR.. CONTRACTOR agrees not to provide animals for scientific research. CITY shall furnish veterinary care for injured or sick animals prior to impounding at shelter. 3. TERM. The term of this Agreement will be from March 1, 2003, to February 28, 2004. Unless otherwise; determined by written amendment between the parties, this Agreement will terminate as stated in Section 8. 4. TIME FOR PERFORMANCE. CONTRACTOR will not perform any work under this Agreement until CONTRACTOR furnishes proof of insurance as required under Section 13 of this Agreement. 5. TAXPAYER IDENTIFICATION NUMBER. CONTRACTOR will provide CITY with a Taxpayer Identification Number. 6. PERMITS AND LICENSES. CONTRACTOR, at its sole expense, will obtain and maintain during the term of this Agreement, all necessary permits, licenses, and certificates that may be required in connection with the performance of services under this Agreement. Page 1 of 6 �+ v� 7. PROJECT COORDINATION AND SUPERVISION. A. Douglas Buck will be assigned as Project Manager and will be responsible for coordination with CITY's Project Manager. B. Lt:. Brian Evanski will be assigned as CITY's Project Manager and will be personally in charge of and personally supervise or perform the technical execution of the Project on a day -to -day basis on behalf of CITY and will maintain direct communication with CONTRACTOR's Project Manager. 8. TERMINATION. A. Except as otherwise provided, either Party may terminate this Agreement at any time with or without cause upon thirty (30) days notice. Notice of termination will be in writing. B. Should the Agreement be terminated pursuant to this Section, CITY may procure on its own terms services similar to those terminated. C. By executing this document, CONTRACTOR and CITY each waive any and all claims for damages that might otherwise arise from termination under this Section. 9. INDEMNIFICATION. A. CONTRACTOR indemnifies, will defend (at CITY's request and with counsel satisfactory to CITY), and holds CITY harmless from and against any claim, action, damages, costs (including without limitation, attorney's fees), injuries, or liability, arising out of this Agreement, or its performance. Should CITY be named in any suit, or should any claim be against it by suit or otherwise, whether the same be groundless or not, arising out of this Agreement, or its performance, CONTRACTOR will defend CITY (with counsel reasonably satisfactory to CITY) and will indemnify CITY for any judgment rendered against it or any sums paid out in settlement or otherwise. B. For purposes of this section "CITY" includes CITY's officers, officials, employees, agents, representatives, and certified volunteers. C. CONTRACTOR expressly agrees that this release, waiver, and indemnity agreement is intended to be as broad and inclusive as is permitted by the law of the State of California and that if any portion is held invalid, it is agreed that the balance will, notwithstanding, continue in full legal force and effect. D. It is expressly understood and agreed that the foregoing provisions will survive termination of this Agreement. E. The requirements as to the types and limits of insurance coverage to be maintained by CONTRACTOR as required by Section 13, and any approval of Page 2 of 6 Ia�v said insurance by CITY, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by CONTRACTOR pursuant to this Agreement, including, without limitation, to the provisions concerning indemnification. 10. ASSIGNABILITY. This Agreement is for CONTRACTOR's unique services. CONTRACTOR.'s attempts to assign the benefits or burdens of this Agreement without CITY's written approval are prohibited and will be null and void. 11. INDEPENDENT CONTRACTOR. CITY and CONTRACTOR agree that CONTRACTOR. will act as an independent contractor and will have control of all work and the manner in which is it performed. CONTRACTOR will be free to contract for similar service to be performed for other employers while under contract with CITY. CONTRACTOR is not an agent or employee of CITY and is not entitled to participate in any pension plan, insurance, bonus or similar benefits CITY provides for its employees. Any provision in this Agreement that may appear to give CITY the right to direct CONTRACTOR as to the details of doing the work or to exercise a measure of control over the work means that CONTRACTOR will follow the direction of the CITY as to end results of the work only. 12. RECORDS RETENTION. CONTRACTOR will maintain full and accurate records with respect to all services and matters covered under this Agreement. CONTRACTOR will retain such financial and program service records for at least three (3) years after termination or final payment under this Agreement. 13. INSURANCE. A. Before commencing performance under this Agreement, and at all other times this Agreement is effective, CONTRACTOR will procure and maintain the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below: Type of Insurance Commercial general liability Business automobile liability Workers compensation Limits (combined single) $1,000,000 $1,000,000 Statutory limits B. Commercial general liability insurance will meet or exceed the requirements of ISO -CGL Form No. CG 00 01 11 85 or 88. The amount of insurance set forth above will be a combined single limit per occurrence for bodily injury, personal injury, and property damage for the policy coverage. Liability policies will be endorsed to name CITY, its officials, and employees as "additional insureds" under said insurance coverage and to state that such insurance will be deemed "primary" such that any other insurance that may be carried by CITY will be excess thereto. Such insurance will be on an "occurrence," not a "claims made," Page 3 of 6 1190 basis and will not be cancelable except upon thirty (30) days prior written notice to CITY. C. Automobile coverage will be written on ISO Business Auto Coverage Form CA 00 01 06 92, or similar form for CONTRACTOR owned Autos. D. CONTRACTOR will furnish to CITY duly authenticated Certificates of Insurance and Endorsements evidencing maintenance of the insurance required under this Agreement and such other evidence of insurance or copies of policies as may be reasonably required by CITY from time to time. Insurance must be placed with insurers with a current A.M. Best Company Rating equivalent to at least a Rating of "A: VII." E. Should CONTRACTOR, for any reason, fail to obtain and maintain the insurance required by this Agreement, CITY may obtain such coverage at C'ONTRACTOR's expense and deduct the cost of such insurance from payments due to CONTRACTOR under this Agreement or terminate pursuant to Section 8. 14. NOTICES. All communications to either party by the other party will be deemed made when received by such party at its respective name and address as follows: CITY Lt. Brian Evanski City of El Segundo 350 Main Street El Segundo, CA 90245 CONTRACTOR David Havard spcaLA 5026 West Jefferson Blvd. Los Angeles, CA 90016 Any such written communications by mail will be conclusively deemed to have been received by the addressee at the time of actual delivery. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph. 15. INTERPRETATION. This Agreement was drafted in, and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this agreement will be in Los Angeles County. 16. ENTIRE: AGREEMENT. This Agreement sets for the entire understanding of the parties. There are no other understandings, terms or other agreements expressed or implied, oral or written. This Agreement will bind and inure to the benefit of the parties to this Agreement and any subsequent successors and assigns. 17. EFFECT OF CONFLICT. In the event of any conflict, inconsistency, or incongruity between any provision of this Agreement, and any other document or agreement, whether oral or written, the provisions of this Agreement will govern and control. 18. RULES OF CONSTRUCTION. Each Party had the opportunity to independently review this Agreement with legal counsel. Accordingly, this Agreement will be construed Page 4 of 6 simply, as a whole, and in accordance with its fair meaning; it will not be interpreted strictly for or against either Party. 19. SEVERABILITY. If any portion of this Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Agreement will continue in full force and effect. 20. AUTHORITY/MODIFICATION. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Agreement and to engage in the actions described herein. This Agreement may be modified by written amendment executed by both Parties. CITY's city manager, or designee, may execute any such amendment on behalf of CITY. 21. COVENANTS AND CONDITIONS. The parties agree that all of the provisions hereof will be construed as both covenants and conditions, the same as if the words importing such covenants and conditions had been used in each separate paragraph. 22. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of reference only and will not affect the interpretation of this Agreement. 23. FORCE MAJEURE. Should performance of this Agreement be prevented due to fire, flood, explosion, war, embargo, government action, civil or military authority, the natural elements, or other similar causes beyond the Parties' control, then the Agreement will immediately terminate without obligation of either party to the other. 24. TIME I;4 OF ESSENCE. Time is of the essence for each and every provision of this Agreement. 25. COUNTERPARTS. This Agreement may be executed in any number or counterparts, each of which will be an original, but all of which together will constitute one instrument executed on the same date. IN WITT�ESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written. CITY OF EL SBGUNDO a general law city and municipal corporation Mary Strenn, City Manager SPCALA, a California Corporation Madeline Beim'stetnn, Pre t David Havard, Vice President Page 5 of 6 0 9 ATTEST: Cindy Mortensen City Clerk APPROVED AS TO Mark D. Henslo<-G1 By: ✓ > / /�Karl H. Berger �City Attornw Page 6 of 6 EL SEGUNDO CITY COUNCIL MEETING DATE: April 1, 2003 AGENDA ITEM STATEMENT AGENDA HEADING: Consent AGENDA DESCRIPTION: Consideration and possible action to accept in -kind cash contributions totaling $1,750 from Chevron Products Company ($1,000) and DirecTV ($750) donated to the El Segundo Fire Department in support of Super CPR Saturday, to be held June 7, 2003, for supplies, equipment, and other resources. Fiscal Impact: None RECOMMENDED COUNCIL ACTION: (1) Accept donation and authorize the City Manager to transfer the monies into the CPR General Fund account; (2) Alternatively discuss and take other action related to this item. BACKGROUND & DISCUSSION: Since 1996, the El Segundo Fire Department, in conjunction with the American Red Cross, has sponsored its annual Super CPR Saturday event. This event offers FREE Adult CPR training to the community at large and traditionally trains approximately 350 citizens in one day. Over the past seven years, the event has trained several thousand people from all over the South Bay in the necessary skills to perform CPR and perhaps save a life. This event cannot be conducted without the generous support and contributions from community groups and local business and industry. ATTACHED SUPPORTING DOCUMENTS: None FISCAL IMPACT: Operating Budget: $1,750.00 Amount Requested: None Account Number: 001 - 300 - 0000 -3850 Project Phase: Appropriation Required: _Yes X No ORIGINATED BY: DATE: tL Norm Angelo, F' ! Chief REVIEWED BY: DATE: Mary Stre , City Manager kj 16 :_% 9 �z EL SEGUNDO CITY COUNCIL MEETING DATE: April 1, 2003 AGENDA ITEM STATEMENT AGENDA HEADING: Consent AGENDA DESCRIPTION: Consideration and possible action to accept a contribution totaling $500 from the 4th Annual Shelly McCarroll Miller Memorial Golf Tournament donated to the El Segundo Fire Department to assist with the refurbishment of the newly acquired Parade Rig. Fiscal Impact: None RECOMMENDED COUNCIL ACTION: (1) Accept donation and authorize the City Manager to transfer the monies into the Fire Department's Donations account; (2) Alternatively discuss and take other action related to this item. BACKGROUND & DISCUSSION: In January 2003, the El Segundo Firefighters' Association purchased a 1968 Crown engine and donated it to -the City of El Segundo to be used for public education activities and display at community events and parades. To assist with the maintenance and upkeep of the engine, the Department and the Firefighters' Association would provide maintenance, but also look to the public for donations. On February 21, 2003, Dano's Beach Grill hosted the 4th Annual Shelley McCarroll Miller Memorial Golf Tournament at the Manhattan Beach Marriott Golf Course. Funds raised by this tournament were distributed to several local agencies. The El Segundo Fire Department, one of the local agencies designated to benefit from the Tournament, received a $500.00 check. The funds are to be used for refurbishment of the Parade Rig. ATTACHED SUPPORTING DOCUMENTS: None FISCAL IMPACT: Operating Budget: $500.00 Amount Requested: None Account Number: 703- 200 - 3201 -2601 Project Phase: Appropriation Required: _Yes X No ORIGINATED BY: DATE: Norm Angelo, Fire Chief 3-;2y- -o3 REVIEWED BY DATE: 4 M ArySt n, City Manager �3 17 �: 11 1 .!