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2003JUN 17 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, it you need special assistance to participate in tins
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, JUNE 17, 2003 — 5:00 P.M.
Next Resolution # 4310
Next Ordinance # 1364
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. Bressi v. City of El Segundo, LASC No. BC288292
2. Bressi v. City of El Segundo, LASC No. BC288293
3. El Segundo v. South Bay Regional Public Communications Authority, LASC No. YC040688
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): -2- matters.
DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957) — None.
CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957.6) —2 matters
1. Labor Negotiators: Bruce Barsook and Mary Strenn, City Manager
Bargaining Units: Police Officers' Association and Firefighters' Association
2. Conference with City's Labor Negotiator, City Manager, regarding Management/Confidential employee group
(unrepresented).
CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8): -0- matter
SPECIAL MATTERS — None.
2 0 OF
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, JUNE 17, 2003 — 7:00 P.M.
7:00 P.M. SESSION
CALL TO ORDER
INVOCATION —
PLEDGE OF ALLEGIANCE — Mayor Pro Tern Sandra Jacobs
Next Resolution # 4310
Next Ordinance # 1364
PRESENTATIONS —
(a) Proclamation proclaiming June 28, 2003 as Beauty and the Beach Day in El Segundo
and inviting the public to participate with the El Segundo Kiwanis and NRG El Segundo
Power, LLC for this second annual beach cleanup.
(b) Commendations to Tiffany Richard, El Segundo High School Science Teacher, and her
six students: Dustin Johnson, Nick Koffroth, Katherine Ng, Katie Spurrell, Anthony
Stier, and Kelly Yang, recipients of the 15t place Robert H. Herndon Memorial Science
competition held on June 5, 2003 by The Aerospace Corporation, for their improved
hydrodynamic performance of a submarine.
(c) Certificate of Recognition to Nick Koffroth for organizing and implementing the first
Community Leadership Seminar on May 31, 2003 at the El Segundo High School.
(d) Commendation by the City Council to Mayor Mike Gordon for his exemplary qualities of
leadership and dedication to the American Heart Association for which he has been
awarded the Advocacy Award by the Los Angeles Division of the American Heart
Association Western States Affiliate and the Volunteer of the Year 2003 Award for
outstanding achievement and distinguished commitment to the mission of the
American Heart Association California Affiliate.
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
0 04
C. UNFINISHED BUSINESS
Consideration and possible action regarding a proposed joint resolution for the
negotiated exchange of tax revenue between the County of Los Angeles; City of El
Segundo, and the City of Hawthorne related to the reorganization proposal for the
detachment of Area A of the Los Angeles Air Force Base (LAAFB) from El
Segundo and its annexation into the City of Hawthorne as part of the LAAFB
modernization project.
Recommendation — (1) Discussion; (2) Reading of Resolution by title only; (3)
Alternatively, discuss and take other action related to this item.
D. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS
2. Consideration and possible action regarding the El Segundo Community Cable
Advisory Committee's planned "Cable Studio Open House" on June 25, 2003 from
4:00 p.m. to 7:00 p.m.
Recommendation — (1) Approve request; (2) Alternatively, discuss and take other action
related to this item.
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. Warrant Numbers 2533918 to 2534218 on Register No. 17 in the total amount of
$1,894,304.60 and Wire Transfers from 5/24/2003 through 6/612003 in the total
amount of $281,131.15.
Recommendation — Approve Warrant Demand Register and authorize staff to release.
Ratify: Payroll and Employee Benefit checks; checks released early due to contracts or
agreement; emergency disbursements and /or adjustments; and wire transfers.
4. City Council Meeting Minutes of June 3, 2003.
Recommendation — Approval.
0 OJ
5. Consideration and possible action regarding the request of El Segundo Cub Scout
Pack 968C for City support and waiver of fees to use Grand Avenue from Arena to
Eucalyptus on Saturday, July 26, 2003, from noon to 5:00 p.m. for the annual Cub
Scout Soapbox Derby Race. (Fiscal Impact $680).
Recommendation — (1) Approve request, provided the event meets all applicable City
requirements; (2) Alternatively, discuss and take other action related to this item.
6. Consideration and possible action regarding the selection of The Jones Payne
Group for Design and Testing Services and Wyle Laboratories, Inc. for
Construction Monitoring and Oversight Services in support of the Residential
Sound Insulation Program.
Recommendation — (1) Authorize staff to begin negotiations with The Jones Payne
Group for provision of Design and Testing Services and Wyle Laboratories, Inc. for
provision of Construction Monitoring and Oversight Services; (3) Alternatively, discuss
and take other action related to this item.
7. Consideration and possible action authorizing the City to accept and complete the
application for a $303,600 Federal Appropriations Act Grant to be used toward the
completion of the El Segundo Sewer Master Plan.
Recommendation — (1) Accept the Appropriations Act Grant totaling $303,600 and
authorize staff to complete the necessary application kit for the grant funds; (2) Authorize
the City Manager to execute the application on behalf of the City; (3) Alternatively,
discuss and take other action related to this item.
8. Consideration and possible action authorizing the City Manager to execute a one -
year agreement with Managed Health Network for employee assistance program
services.
Recommendation — (1) Authorize the City Manager to execute a one -year agreement
with Managed Health Network for employee assistance program services in a form
approved by the City Attorney; (2) Alternatively, discuss and take other action related to
this item.
9. Consideration and possible action regarding approval to apply for, and if awarded,
participate in the "California Seat Belt Compliance Campaign" (CSBCC) Mini -Grant
program sponsored by the California Office of Traffic Safety.
Recommendation — (1) Approve the request to apply for, and if awarded, utilize funding
from the Office of Traffic Safety Mini -Grant to participate in the California Seat Belt
Compliance Campaign; (2) Alternatively, discuss and take other action related to this
item.
6 `Jl)u
10. Consideration and possible action regarding approval of the Whale Rescue Team
contract for marine mammal rescue services. (Fiscal Impact $1.00)
Recommendation — (1) Approve the Whale Rescue Team contract for marine mammal
rescue services and authorize the City Manager to execute; (2) Alternatively, discuss
and take other action related to this item.
11. Consideration and possible action regarding the adoption of plans and
specifications as well as equipment purchases for work being performed in City
Hall. (Estimated Cost $35,000)
Recommendation — (1) Adopt plans and specifications for roof repair and painting of
walls; (2) Authorize staff to advertise for bids for the purchase of lavatory fixtures and for
bids for City Hall roof repair and painting of walls; (3) Alternatively, discuss and take
other action related to this item.
12. Consideration and possible action regarding the adoption of plans and
specifications for work being done in Fire Station No. 1 and the Police Department
Building. (Estimated Cost $69,500)
Recommendation — (1) Adopt plans and specifications for Fire Station No. 1 work: (a)
Remodeling of kitchen and dining area, (b) Installation of new floor coverings in portions
of the building, (c) HVAC rezoning, (d) Installation of window treatments and window
tinting; (2) Adopt plans and specifications for the rezoning of the Police Department
Building HVAC; (3) Alternatively, discuss and take other action related to this item.
13. Consideration and possible action regarding the adoption of plans and
specifications for the installation of permanent exterior electrical lights to provide
lighting of the City Hall Plaza. (Estimated Cost $9,500)
Recommendation — (1) Adopt plans and specifications; (2) Authorize staff to solicit
proposals from firms that specialize in the installation of permanent exterior electrical
lights; (3) Alternatively, discuss and take other action related to this item.
14. Consideration and possible action regarding the adoption of plans and
specifications for the replacement and repair of steel caps and wall panels of the
Maintenance Facility storage bins. (Estimated Cost $20,000)
Recommendation — (1) Adopt plans and specifications; (2) Authorize staff to solicit
proposals for the replacement and repair of steel caps and wall panels; (3) Alternatively,
discuss and take other action related to this item.
7 00
15. Consideration and possible action regarding the purchase of a chemical control
system for the Urho Saari Swim Stadium. (Estimated Cost $7,000)
Recommendation — (1) Authorize staff to advertise the chemical control system purchase
for receipt of bids; (2) Authorize the City Manager to execute the purchase; (3)
Alternatively, discuss and take other action related to this item.
16. Consideration and possible action awarding contract to Tony's Painting, for the
Park Vista Senior Housing Exterior Painting (615 East Holly Avenue) — Project No.
PW 03 -05 — Approved Park Vista Operating Budget. (Fiscal Impact $90,300)
Recommendation — (1) Reject the low bidder, Newton Painting, and award contract to
the lowest responsible bidder, Tony's Painting, in the amount of $82,300; (2) Authorize
the City Manager to execute the contract on behalf of the City; (3) Authorize $8,000
construction contingencies; (4) Alternatively, discuss and take other action related to this
item.
17. Consideration and possible action regarding approval to publish a Request for
Proposal for professional services to provide test data for eight (8) wastewater
pump stations for the purpose of evaluating flows and planning maintenance.
(Estimated Cost $7,000).
Recommendation — (1) Authorize staff to solicit proposals from firms that specialize in
providing testing data for wastewater pump stations; (2) Alternatively, discuss and take
other action related to this item.
18. Consideration and possible action awarding contract to Roy Allan Slurry Seal for
2002 -2003 Slurry Seal of various streets — Project No. PW 03 -06 — Approved
Capital Improvement Program. (Fiscal Impact $150,000)
Recommendation — (1) Award contract to the lowest responsible bidder, Roy Allan Slurry
Seal, in the amount of $123,466.54; (2) Authorize the City Manager to execute the
contract on behalf of the City; (3) Authorize $26,533.46 for construction contingencies;
(4) Alternatively, discuss and take other action related to this item.
19. Consideration and possible action for the purchase of two (2), eight (8) inch single
jet type water meters on a single source basis from Metron - Farnier LLC for a water
manifold located at the Chevron Refinery. (Estimated Cost $12,000).
Recommendation — (1) Approve the purchase of two (2), eight (8) inch single jet water
type meters on a single source basis from Metron - Farnier LLC; (2) Authorize the City
Manager to execute the purchase; (3) Alternatively, discuss and take other action related
to this item.
8 008
20. Consideration and possible action to adopt a resolution to set aside a portion of
City -owned property for Douglas Street roadway purposes. (No Fiscal Impact)
Recommendation — (1) Adopt resolution; (2) Alternatively, discuss and take other action
related to this item.
CALL ITEMS FROM CONSENT AGENDA
F. NEW BUSINESS —
21. Consideration and possible action regarding adopting an ordinance and
resolution to implement an Administrative Citation Program as related to
violations of the City's National Pollution Discharge Elimination System ( NPDES)
permit
Recommendation — (1) Waive first reading and introduce an ordinance implementing an
Administrative Citation Program enforcing the NPDES requirements; (2) Alternatively,
discuss and take other action related to this item.
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.
t)0 3
MEMORIALS —
CLOSED SESSION
The City Council may move into a closed session pursuant to applicable law, including the Brown Act (Government
Code Section §54960, at 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.
REPORT OF ACTION TAKEN IN CLOSED SESSION (if required)
ADJOURNMENT
POSTED:
DATE:
TIME:
NAME:
�p uei
10 010
EL SEGUNDO CITY COUNCIL MEETING DATE: June 17, 2003
AGENDA ITEM STATEMENT AGENDA HEADING: Unfinished Business
AGENDA DESCRIPTION: Consideration and possible action regarding a proposed joint
resolution for the negotiated exchange Of tax revenue between the County of Los Angeles,
City of El Segundo, and the City of Hawthorne related to the reorganization proposal for the
detachment of Area A of the Los Angeles Air Force Base ( LAAFB) from El Segundo and its
annexation into the City of Hawthorne as part of the LAAFB modernization project.
RECOMMENDED COUNCIL ACTION:
1) Discussion;
2) Reading of Resolution by title only;
3) Alternatively, discuss and take other action related to this item.
BACKGROUND & DISCUSSION:
The City of El Segundo submitted an application for Reorganization of Area A of the Los
Angeles Air Force Base to the Local Agency Formation Commission of Los Angeles (LAFCO).
As part of the reorganization process, the property taxes generated by the property that flow to
the City have to be redirected to the City of Hawthorne if Area A becomes a part of the City of
Hawthorne. A Tax Transfer Resolution (TTR), which is a joint resolution, adopted by the
County of Los Angeles, City of El Segundo, and the City of Hawthorne is the mechanism by
which this transfer is accomplished. It will be of no force or effect unless the reorganization is
completed but it needs to be adopted in order to maintain the current project schedule.
Due to its use as a military base, Area A generates no property tax revenue for the City. The
TTR establishes the specific property tax rates that would flow from the County to Hawthorne
as well as to the Los Angeles County Public Library System. The ultimate tax rate that would
go to the Los Angeles County Fire Protection District (CFPD) would be negotiated separately
between Hawthorne and the CFPD. It is important to note that the financing of the LAAFB
redevelopment project is largely dependant on the future property tax revenue from Area A
development being used to finance bonds for the construction of the new base facilities on
Area B of the LAAFB though the Hawthorne Redevelopment Agency. (continued)
ATTACHED SUPPnRTiNrr nnn ACKM�.
A. Draft Tax Transfer Resolution
FISCAL IMPACT:
Operating Budget: N/A
Amount Requested: N/A
Account Number: N/A
Project Phase: N/A
Appropriation Required: Yes X No
Fes�
a M . Hansen, ctor munit Economic
-
, and Develo ment ery es
REVIEWED BY:
DATE:
Mary St n, City Manager
3 1
Oil
City Council Staff Report
June 9, 2003
Page 2
If the reorganization is completed but forwhatever reason the Air Force Base facilities are not
built, the City Attorney's Office in working on an agreement with the City of Hawthorne that
would provide that an amount equal to 50% of the tax revenue generated from Area A would
be transmitted on annual basis to El Segundo for a period of 30 years. This agreement will be
placed before both City Councils in July concurrently with the environmental determinations
and LAFCO resolutions that need to be acted on by both Cities.
PAPlanning & Building Saf"t'PROJECTS\ 576 - 599 \EA - 577 \lafco- ttr.ais.2.doc V �-
JOINT RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF
LOS ANGELES, THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, AND THE
CITY COUNCIL OF THE CITY OF HAWTHORNE, APPROVING AND ACCEPTING
THE NEGOTIATED EXCHANGE OF PROPERTY TAX REVENUE RESULTING FROM
REORGANIZATION OF TERRITORY
(LOS ANGELES AIR FORCE BASE REORGANIZATION NO. 2003 -01)
(Detachment from the City of El Segundo and Annexation to the City of
Hawthorne and Consolidated Fire Protect District of Los Angeles County)
WHEREAS, pursuant to Section 99 of the Revenue and Taxation Code, for
specified jurisdictional changes, the governing bodies of the affected agencies shall
negotiate and determine the amount of property tax revenue to be exchanged between
the affected agencies; and
WHEREAS, the Board of Supervisors of the County of Los Angeles as the
governing body of the County of Los Angeles, the Consolidated Fire Protection District
of Los Angeles County (herein referred to as CFPD), and the Los Angeles County
Public Library (herein referred to as Public Library), the City Council of the City of
El Segundo as the governing body of the.City of El Segundo, the City Council of the City
of Hawthorne as the governing body of the City of Hawthorne have determined that the
amount of property tax revenue to be exchanged between their respective agencies as
a result of the reorganization of territory entitled, "Los Angeles Air Force Base
Reorganization No. 2003 -01,'r which includes detachment of said territory from the City
of El Segundo, annexation to the City of Hawthorne, and annexation to the CFPD is as
set forth below:
NOW, THEREFORE, BE IT RESOLVED as follows:
1. The negotiated exchange of property tax revenues between the County of
Los Angeles, the City of El Segundo, and the City of Hawthorne resulting from the
reorganization proposal identified as "Los Angeles Air Force Base Reorganization
No. 2003 -01," is approved and accepted.
2. For fiscal years commencing on or after July 1, 2004, or the July 1 after the
effective date of this jurisdictional change, whichever is later, $1,856.13 in base property
tax revenue shall be transferred from the City of El Segundo to the County of
Los Angeles. In addition, for each fiscal year commencing on or after July 1, 2004, or
the July 1 after the effective date of this jurisdictional change, whichever is later, the City
of El Segundo annual tax increment attributable to the "Los Angeles Air Force Base
Reorganization No. 2003 -01," shall be transferred from the City of El Segundo to the
County of Los Angeles.
annnexkity /el segundo- haMhorne_ox transfer resdution
X13
3. For fiscal years commencing on and after July 1, 2004 or the July 1 after the
effective date of this jurisdictional change, whichever is later, $2,833.59 in base property
tax revenue shall be transferred from the County of Los Angeles to the City of
Hawthorne. In addition, for each fiscal year commencing on or after July 1, 2004, or the
July 1 after the effective date of this jurisdictional change, whichever is later,
0.09646395 of the annual tax increment attributable to the "Los Angeles Air Force Base
Reorganization No. 2003 -01" area shall be transferred from the County of Los Angeles
to the City of Hawthorne.
4. For fiscal years commencing on and after July 1, 2004 or the July 1 after the
effective date of this jurisdictional change, whichever is later, $0 in base property tax
revenue shall be transferred to the CFPD from the County of Los Angeles. In addition,
for each fiscal year commencing on or after July 1, 2004, or the July 1 after the effective
date of this jurisdictional change, whichever is later, no portion of the annual tax
increment attributable to the "Los Angeles Air Force Base Reorganization No. 2003 -01"
area shall be transferred from the County of Los Angeles to the CFPD. Funding
provided to the CFPD to serve the annexed area shall be negotiated by CFPD directly
with the City of Hawthorne under the terms of a separate and existing agreement
entitled "AGREEMENT FOR SERVICES BY AND BETWEEN THE CONSOLIDATED
FIRE PROTECTION DISTRICT OF LOS ANGELES COUNTY AND THE CITY OF
HAWTHORNE" made and entered on December 12, 1996.
5. For fiscal years commencing on and after July 1, 2004 or the July 1 after the
effective date of this jurisdictional change, whichever is later, $743.91 in base property
tax revenue shall be transferred from the County of Los Angeles to the Public Library .
In addition, for each fiscal year commencing on or after July 1, 2004, or the July 1 after
the effective date of this jurisdictional change, whichever is later, .025325101 of the
annual tax increment attributable to the "Los Angeles Air Force Base Reorganization
No. 2003 -01" area shall be transferred from the Coun
Library. ty of Los Angeles to the Public
6. For fiscal years commencing on or after July 1, 2004 or the July 1 after the
effective date of this jurisdictional change, whichever is later, the County of Los Angeles
General Fund share of the annual tax increment attributable to the "Los Angeles Air
full
Force Base Reorganization No. 2003 -01" shall be adjusted to account for the one
percent of ad valorem property tax after implementing the adjustments spec
paragraphs 2 through 5. ified in
6. No additional transfer of property tax revenue or adjustments to any other
taxing entities' share of the annual tax increment shall be made as a result of
"Los Angeles Air Force Base Reorganization No. 2003 -01."
annneddty /el segundo_haMhorne_lax transfer resdution
2 U.1
PASSED, APPROVED AND ADOPTED this
by the following vote: day of 2003
Mike Gordon, Mayor
ATTEST:
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO
I, Cindy Mortesen, City Clerk of the City of El Segundo, California, do hereby certify that the
whole number of members of the City Council of said City is five; that the foregoing Resolution
No. _ 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 17th day of
June, 2003, and the same was so passed and adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Cindy Mortesen, City Clerk
APPROVED AS TO FORM:
Mark D. Hensley, City Attorney
(signed in counterparts)
annneWcity/el segundo_haMhome tax transfer resolution
3
v�J
PASSED, APPROVED and ADOPTED this
day of , 2003.
ATTEST
DANIEL D. JUAREZ, C.M.C. /AAE
City of Hawthorne, California
LAWRENCE M. GUIDI, Mayor
City of Hawthorne, California
APPROVED AS TO FORM
GLEN E. SHISHIDO, City Attorney
City of Hawthorne, California
(signed in counterparts)
annneWcity /el segundchawthome_W Iransler resolulicn
4
'i16
The foregoing resolution was on the
Board r Supervisors of the County of Los Angeles and ex officio he governing body of
all other special assessment and taxing districts, agencies and authorities for which said
Board so acts.
VIOLET VARONA- LUKENS, Executive Officer
Clerk of the Board of Supervisors
Of the County of Los Angeles
0
Deputy
APPROVED AS TO FORM
BY COUNTY COUNSEL
LLOYD W. PELLMAN
By
Deputy
(signed in counterparts)
annnex/cgy /e segundo_haWhome_px transfer resolution
5
01 ',
EL SEGUNDO CITY COUNCIL MEETING DATE: June 17, 2003
AGENDA ITEM STATEMENT AGENDA HEADING: Reports of Committees, Boards, and
Commissions
AGENDA DESCRIPTION:
Consideration and possible action regarding the El Segundo Community Cable Advisory
Committee's planned "Cable Studio Open House" on June 25, 2003 from 4 P.M. to 7 p.m.
RECOMMENDED COUNCIL ACTION:
Recommendation: - (1) Approve request; (2) Alternatively, discuss and take other action related
to this item.
BACKGROUND & DISCUSSION:
The El Segundo Community Cable recently moved back into their permanent facility at the El
Segundo High School after being in a mobile unit for over a year while the studio building was
being renovated by the School District. The Advisory Committee would like to invite residents
to find out more about their community cable operations and services by hosting an "Open
House" on June 25, 2003, from 4 p.m, to 7 p.m. at 640 Main St., located on the north side of
the campus between the High School Library and Cafeteria.
Tours of the studio, hands -on interaction with equipment, live interviews, and information about
upcoming classes on how to produce your own cable program will be part of the evening's
events. Staff are requesting approval for the El Segundo Cable Advisory Committee to host
an Open House at the Cable Studio.
ATTACHED SUPPORTING DOCUMENTS:
None
FISCAL IMPACT: N/A
Operating Budget:
Amount Requested:
Account Number:
Project Phase:
Yes X No
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CITY OF EL SEGUNDO
PAYMENTS BY WIRE TRANSFER
5/24/2003 THROUGH 6/6/2003
Date
Payee
Amount
Description
5/12/03
West Basin Adjustment
(17,888.90)
Correct May H2O payment amount
5/27/03
Federal Reserve
100.00
Employee Savings Bonds EE
5127/03
Federal Reserve
350.00
Employee Savings Bonds 1
5/29/03
PGC El Segundo LLC
33,132.08
Golf Course Payroll Transfer
6/2/03
Health Comp
2,060.59
Weekly claims 5/23
6/5/03
Health Comp
1,496.68
Weekly claims 5/30
6/5/03
Employment Development
37,561.16
State Taxes PR PR 25
6/5/03
IRS
198,888.40
Federal Taxes PR 25
5/10 - 5/23/03
Workers Comp Activity
25,431.14
SCRMA checks issued
281,131.15
DATE OF RATIFICATION: 6117103
TOTAL PAYMENTS BY WIRE:
Certified as to the accuracy of the wire transfers by:
re rt ri,AJ °I' © 3
Dep y Treas er Date
Director of Ad inistrative Service Date /
Cil Mana r Date
Information on actual expenditures is available in the City Treasurer's Office of the City of El Segundo.
281,131.15
Jw`J
REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, JUNE 3, 2003 — 5:00 P.M.
5:00 P.M. SESSION
CALL TO ORDER — Mayor Gordon at 5:00 p.m.
ROLL CALL
Mayor Gordon -
Mayor ProTem Jacobs -
Council Member Gaines -
Council Member McDowell -
Council Member Wernick -
Present
Present
Present — arrived at 5:05 p.m.
Present — arrived at 5:05 p.m.
Present
CLOSED SESSION:
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.
Schwartz v. City of El Segundo, LASC No. YC044253
Bressi v. City of El Segundo, LASC No. BC288292
Bressi v. City of El Segundo, LASC No. BC288293
CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to Government Code §54956.9(b): -1- 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
Labor Negotiators: Bruce Barsook and Mary Strenn, City Manager
Bargaining Units: Police Officers' Association and Firefighters' Association
CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8): -0- matter
SPECIAL MATTERS — None.
Council moved to open session at 6:55 p.m.
MINUTES OF THE REGULAR CITY COUNCIL MEETING
June 3, 2003
PAGE NO.4
021
REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, JUNE 3, 2003 — 7:00 P.M.
7:00 P.M. SESSION
CALL TO ORDER — Mayor Gordon at 7:05 p.m.
INVOCATION — Cathy Domann, Deputy City Clerk
PLEDGE OF ALLEGIANCE — Council Member John Gaines
PRESENTATIONS —
(a) Mayor Pro Tern Jacobs presented a Commendation to Liz West, outgoing President of the
El Segundo Chamber of Commerce, for her dedication to our community.
(b) Council Member Wernick presented a Certificate of Recognition to Ken Hughey
congratulating Sunset Home Improvements, Inc. for improving the living environment of the
people of the South Bay for 55 years and choosing El Segundo as its headquarters for its
family- oriented business.
ROLL CALL
Mayor Gordon
Mayor ProTem Jacobs
Council Member Gaines
Council Member McDowell
Council Member Wernick
- Present
- Present
- Present
- Present
- 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.
Rebecca Harrison and Elyse Rothstein, representing the Rotary Club, spoke regarding the 6`h
annual "Movie in the Park" August 2, 2003.
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 McDowell, to read
all ordinances and resolutions on the Agenda by Title only. MOTION PASSED BY
UNANIMOUS VOICE VOTE. 5/0
MINUTES OF THE REGULAR CITY COUNCIL MEETING
June 3, 2003
PAGE NO. 2
0 0
B. SPECIAL ORDERS OF BUSINESS - NONE
C. UNFINISHED BUSINESS - NONE
D. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS
1. Consideration and possible action regarding the setting of a date and time for interviewing
candidates to the various Committees, Commissions and Boards.
Council consensus to set date for interviews of candidates to the Recreation & Parks
Commission and the Library Board of Trustees, for 6:00 p.m. Tuesday, July 1, 2003.
2. Consideration and possible action regarding a recommendation from the Recreation and
Parks Commission to approve a resolution to update and revise fees for film, special events
and park permits.
Mary Strenn, City Manager, gave a report.
Jeff Stewart, Assistant City Manager, responded to Council questions.
MOVED by Council Member McDowell, SECONDED by Council Member Wernick to adopt
Resolution No. 4308 to set fees for film, special events and park permits. MOTION
PASSED BY UNANIMOUS VOICE VOTE. 5/0
E. CONSENT AGENDA
All items listed are to be adopted by one motion without discussion and passed unanimously. If a
call for discussion of an item is made, the item(s) will be considered individually under the next
heading of business.
3. Approved Warrant Numbers 2533597 to 2533917 on Register No. 16 in the total amount of
$1,290,614.58 and Wire Transfers from 5/10/2003 through 5/23/2003 in the total amount of
$1,035,899.54. Authorized staff to release. Ratified: Payroll and Employee Benefit checks;
checks released early due to contracts or agreement; emergency disbursement and /or
adjustments; and wire transfers.
4. Approved City Council Meeting Minutes of May 20, 2003.
Approved request by the El Segundo Rotary Club for support and assistance, including
waiver of fees for City services, for this year's El Segundo Rotary Club's 6th Annual Movie in
the Park, to be held at Chevron Park on Saturday, August 2, 2003 beginning at 4:00 pm
until approximately 10:30 pm.
6. PULLED FOR DISCUSSION BY COUNCIL MEMBER WERNICK
MINUTES OF THE REGULAR CITY COUNCIL MEETING
June 3, 2003
PAGE NO. 3
r,23
Approved Professional Services Agreement No. 3182 to implement the Community
Development Block Grant (CDBG) Senior In -Home Care Project between the City of El
Segundo and Southview Home Care Services for an amount not to exceed $19,000.
Contract period: July 1, 2003 through June 30, 2004 with an option for annual renewal for
up to two additional years. Authorized the Mayor to execute the agreement on behalf of the
City.
8. Approved Professional Services Agreement No. 3183 to administer the 2003 -2004
Community Development Block Grant (CDBG) Minor Home Repair and Residential Sound
Insulation Projects between the City of El Segundo and LDM Associates, Inc., not to exceed
$12,000. Contract period: July 1, 2003 through June 30, 2006. Authorized the Mayor to
execute the agreement on behalf of the City.
Approved Professional Services Agreement No. 3184 to administer the 2003 -2004
Community Development Block Grant (CDBG) Program between the City of El Segundo
and Tina Gall & Associates for an amount not to exceed $15,900. Contract period: July 1,
2003 through June 30, 2006. Authorized the Mayor to execute the agreement on behalf of
the City.
10. Approved a $230,000 Professional Services Agreement No. 3185, in a form approved by
the City Attorney, with CBM Consulting, Inc. (CBM) to provide construction management
services as related to the new Community Center project. Authorized the City Manager to
execute the agreement on behalf of the City.
11. PULLED FROM THE AGENDA BY THE CITY MANAGER
12. Approved the release of the City of El Segundo's portion ($9,509) of the Juvenile
Accountability Incentive Block Grant (JAIBG) to the Los Angeles County District Attorney's
Office. Authorized the City Manager to sign the waiver authorizing the Office of Criminal
Justice Planning to transfer award funds.
13. Approved the purchase and installation of a ballistic material to replace the counter windows
in the Police Department lobby. Appropriated and approved the use of funds from the
California Law Enforcement Equipment Program grant and shall not exceed $10,000.
14. Approved the increase of recruiting bonuses paid to lateral police officers /dispatchers.
Further, enhanced the recruiting bonus paid to police personnel and expanded the program
to current city employees. Increased the current two -part lateral transfer bonus from $1,000
at appointment and $1,000 upon successful completion of the twelve -month probationary
period to $1,500 at appointment and $1,500 upon successful completion of the twelve-
month probationary period; Increased the current two -part recruiting bonus to our
department's police officers /dispatchers. Bonus increased to $750 at appointment and
$750 upon successful completion of the twelve -month probationary period; Expanded
eligibility to any current city employee. Exceptions shall include Department Heads, Police
Captains, sworn and non -sworn personnel who are directly involved in the Police
Departments' recruiting /hiring function, personnel assigned to the Human Resources
MINUTES OF THE REGULAR CITY COUNCIL MEETING
June 3, 2003
PAGE NO. 4
U?t
Division, and any other personnel the Chief of Police or Director of Administrative Services
designates.
15. Approved renewal Agreement No. 3186 with El Camino College to continue an in- service
Firefighter Training Program. Fiscal Impact: Annual reimbursement average of $36,000.
Authorized the Mayor to sign the Agreement.
16. Received and filed report on the submission of two grant proposals to the county of Los
Angeles Office of Emergency Management (OEM) and the Office of Justice Programs under
the State Domestic Preparedness Equipment Program. Fiscal Impact: None
MOVED by Council Member McDowell, SECONDED by Council Member Gaines to approve
consent agenda items 3, 4, 5, 7, 8, 9, 10, 12, 13, 14, 15 and 16. MOTION PASSED BY
UNANIMOUS VOICE VOTE. 5/0
6. Adopted Ordinance Nos. 1362 and 1363 regarding the conduct of special events on city
streets and other rights -of -way and the conduct of special events in city parks and facilities.
MOVED by Council Member Wernick, SECONDED by Council Member McDowell to adopt
Ordinance No. 1362 and 1363 regarding the conduct of special events on city streets and other
rights -of -way and the conduct of special events in city parks and facilities. MOTION PASSED BY
UNANIMOUS VOICE VOTE. 5/0
CALL ITEMS FROM CONSENT AGENDA
F. NEW BUSINESS —
17. Consideration and possible action to seek designation of El Segundo Fire Stations as "Safe
Surrender Sites" (Safe Havens) for newborn babies. (Fiscal Impact $400)
Norm Angelo, Fire Chief, gave a report.
MOVED by Mayor Gordon, SECONDED by Council Member Gaines to adopt Resolution
No. 4309 to authorize the City of El Segundo to participate in the safe haven program for
children. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0
G. REPORTS — CITY MANAGER — Introduced the new Recreation and Parks Director, Stacia
Mancini.
H. REPORTS — CITY ATTORNEY — NONE
REPORTS — CITY CLERK - NONE
J. REPORTS — CITY TREASURER — NONE
K. REPORTS — CITY COUNCIL MEMBERS
MINUTES OF THE REGULAR CITY COUNCIL MEETING
June 3, 2003
PAGE NO. 5
025
Council Member McDowell — Spoke regarding the Author Fair at the Library.
Council Member Gaines — NONE
Council Member Wernick —
Consideration and possible action regarding establishing a formal policy for naming city streets
Council consensus to direct the Planning Commission to draft a formal policy for naming city
streets and bring back to Council for approval.
Mayor Pro Tern Jacobs — Spoke regarding the Public Utilities Commission meeting and in
particular the proposed 310 area code change.
Mayor Gordon —Spoke regarding the proposed 310 area code change. Requested community
write to our Senators requesting support a delay in the area code change.
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. - NONE
MEMORIALS - NONE
CLOSED SESSION - NONE
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.
ADJOURNMENT at 7:40 P.M.
Cathy Domann, Deputy City Clerk
MINUTES OF THE REGULAR CITY COUNCIL MEETING
June 3, 2003
PAGE NO. 6a)
() 2
EL SEGUNDO CITY COUNCIL MEETING DATE: June 17, 2003
AGENDA ITEM STATEMENT AGENDA HEADING: Consent
AGENDA DESCRIPTION:
Consideration and possible action regarding the request of El Segundo Cub Scout Pack 968C
for City support and waiver of fees to use Grand Avenue from Arena to Eucalyptus on
Saturday, July 26, 2003, from noon to 5:00 pm for the annual Cub Scout Soapbox Derby
Race. (Fiscal Impact: $680)
RECOMMENDED COUNCIL ACTION:
(1) Approve request, provided the event meets all applicable City requirements;
(2) Alternatively, discuss and take other action related to this item.
BACKGROUND & DISCUSSION: Traditionally, the El Segundo Cub Scout Pack 968C, in
conjunction with the Pacifica District Boy Scouts of America, have held a soapbox derby in El
Segundo. The event attracts approximately 200 people. The soapbox derby route requires
traffic control, barricades and closure of Grand Avenue, between Arena and Eucalyptus. The
Cub Scouts will provide the City with liability insurance coverage for the event.
City support will include a motor officer, and two cadets, plus two RSVPs. Cost of Traffic
Division for traffic control services during the event is estimated to be $580. Barricades will be
provided by the Public Works Department and estimated cost for this service is $100. As in
the past, the FY 2002 -2003 budget has included provision for City expenses in connection
with this event.
ATTACHED SUPPORTING DOCUMENTS:
Letter from Joseph J. Riordan, Cubmaster, Pack 968C dated June 6, 2003.
FISCAL IMPACT: $680 (Included in Police Department Operating Budget)
Operating Budget:
Amount Requested:
Account Number:
Project Phase:
Appropriation Required Yes No X
ORIGINATED: DATE: June 12, 2003
Julia O. A-reu, Executive Assistant
REVIEWED BY: Q DATE: June _& 2003
n
5
El Segundo City Council
350 Main Street
El Segundo, CA 90245
Joseph J. Riordan
Cubmaster Pack 968, Boy Scouts of America
832 Lomita Street
El Segundo, CA 90245
(310) 640 -3289
June 6, 2003
RE: Request for Permit for July 261', 2003 Cub Scout Soapbox Derby Race dtd May 18, 2003
Dear El Segundo City Council,
This is a follow -up letter to our letter of May 18, 2003 regarding our request for the use of
Grand Avenue for the annual Cub Scout Soapbox Derby Race.
As in the past our Cub Scout Pack will comply with all requirements specified by the City of
El Segundo. To this end, on May 21', 2003 we requested a Certificate of Insurance for
liability be provided by the assigned carrier of Los Angeles Area Council #33 be sent directly
to the City Attorney for review. In the past it has taken approximately two weeks from the
date of request for the Certificate to be forwarded to the City.
As always, your time and consideration is greatly appreciated.
Sincerely
oseph .Riordan
Cubmaster,
Pack 968C
�i�i�
EL SEGUNDO CITY COUNCIL
AGENDA ITEM STATEMENT
MEETING DATE: June 17, 2003
AGENDA HEADING: Consent Agen(
Consideration and possible action regarding the selection of The Jones Payne Group for
Design and Testing Services and Wyle Laboratories, Inc. for Construction Monitoring and
Oversight Services in support of the Residential Sound Insulation Program.
1) Authorize staff to begin negotiations with The Jones Payne Group for provision of Design
and Testing Services and Wyle Laboratories, Inc. for provision of Construction Monitoring and
Oversight Services; 2) Alternatively, discuss and take other action related to this item.
BACKGROUND & DISCUSSION:
FAA regulations require consultants utilized for provision of Design and Construction
Management related to the City's RSI Program to be selected based on qualifications, not
cost, and prices negotiated after selection. In accordance with the FAA guidelines and City
Council direction from October 2002, staff prepared and issued a Request for Qualifications
(RFQ) in early April.
On April 29, 2003 the City Clerk's Office received proposals and qualification statements from
four (4) consulting firms for Design and Testing Services, and five (5) consulting firms for
Construction Monitoring and Oversight Services.
(Please see attached page marked "BACKGROUND AND DISCUSSION (CONT.) ")
ATTA(
None
Operating Budget:
Amount Requested:
Account Number:
Bid Group:
A ro riation Required
$399,731
$288,000 (FAA Grant funding)
116 - 400 - 0000 -6214
pp p _Yes X No
DATE: une
ORIGINATE
?ames O'Neill, Pro ram Coordinator PATE:
WED Y: `/
Mary enn, City Manager 6
6 22 j
BACKGROUND & DISCUSSION (CONT.):
a d Contract
ui Building official meet wihrtheltop four firms for oral presentations and interviews, and
and the B 9
has ranked the firms as follows:
Construction Monitoring and Oversight
Design and Testing Services 1. Wyle Laboratories, Inc.
1. Jones Payne Group 2. Jones Payne Group
2. Corlett, Skaer & DeVoto Architects 3. Corlett, Skaer & DeVoto Architects
3. Wyle Laboratories 4. THC
4. THC resentations, and interviews, staff is recommending the
Based on the written
nesrPaynel Groruppor Design and Testing Services, and Wye Laborratories,
selection of The Inc. for Construction p oni will be n and O ated with these two firms! in accordance with he FAA
direction to p
guidelines. ct will be
based or residence,
The Design and Testing Services ont a around$305,000 per year for 100 residences
and staff
($244,000 represents 80% of this cost, which is covered by FAA grant funding and
The Construction Monitoring and Oversight Services contract will be based on ar for 100
is materials residences. ($44,000 srepresenrts 80% of this cost, which sr covered by FAA grant funding) contract
Staff recommends upon mut al agreement olf bhe for
City and year
the consultant. The final r contract with two
ins
extens
document will be brought to Council for consideration in the near future.
�JJ�
EL SEGUNDO CITY COUNCIL MEETING DATE: June 17, 2003
AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action authorizing the City to accept and complete the application
for a $303,600 Federal Appropriations Act Grant to be used toward the completion of the El
Segundo Sewer Master Plan.
RECOMMENDED COUNCIL ACTION:
1) Accept the Appropriations Act Grant totaling $303,600 and authorize staff to complete
the necessary application kit for the grant funds; 2) Authorize the City Manager to execute
the application on behalf of the City; 3) Alternatively, discuss and take other action related
to this item.
BACKGROUND & DISCUSSION:
During October and November 2002, staff requested the City's contract lobbyist in
Washington, D.C., Cassidy & Associates to seek funding related to the implementation of the
Smoky Hollow Sewer Master Plan. Staff worked with Cassidy in developing request for
funding related to implementing the NPDES requirements of the Smoky Hollow Sewer Plan.
Cassidy was successful in utilizing the annual federal appropriations to secure $303,600 for
use augmenting the sanitary sewer system citywide. Because, the funds require a matching
City funding obligation of $248,400, staff is recommending use of the funds in upgrading the
sewer system throughout the entire city, and not just the Smoky Hollow Master Plan. The
required match would not pose an additional financial burden on the City because $300,000 is
budgeted currently for sewer master plan repairs.
(Please see attached page marked "Background and Discussion ")
ATTACHED SUPPORTING DOCUMENTS:
Letter from the United States Environmental Protection Agency outlining the requirements of
the grant.
FISCAL IMPACT: $248,400
Capital Improvement Budget: $300,000
Amount Requested: $248,400
Account Number: 301.400- 8204 -8637
Project Phase: Grant Application
Appropriation Required: _Yes X No
7
031
Background and Discussion (con't):
It should be noted that staff received a letter from the EPA on Friday, June 6, 2003 informing
the City of the availability of the grant. The letter indicated that the application kit for the grant
must be completed and returned by June 15, 2003. Rather than risk losing access to the
funding, staff completed the application and returned by the stated deadline. Accordingly, staff
is also requesting formal Council approval of the matter in order to conform with requirements
of the grant. Should the Council choose not to participate in the program, it will be possible to
withdraw from the process at a later date before drawing down funds from the program.
0
a�M
'Soso sLp�,�.
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION IX
s��MG►d 75 Hawthorne Street
'+c r„ San Francisco, CA 94105
May 30, 2003 R9 Tracking #03 -364
Mr. Andres Santamaria
Director of Public Works
City of El Segundo
350 Main Street
El Segundo, CA 92045
Dear Mr. Santamaria:
RECEIVED
JUN 6 2003
PUBLIC WORKS
ENGINEERINCI
We are pleased to inform you that the FY 2003 United States Environmental Protection
' Agency (EPA) Appropriation included funding for sanitary sewer overflow infrastructure
e o improvements for the City of El Segundo. Congress instructed EPA to reduce each
sy �j Appropriations Grant by 3% to cover the administrative cost of managing this grant. The grant
�a amount was further reduced by a Congressionally mandated across the board cut to the EPA
Q w budt get. al amount of funding available to City of El Segundo is $303,600. Matching
fun $248,400, r 45% of the total project costs are required according to the Appropriations
Act whit au orizes this project. The Catalog of Federal Domestic Assistance (CFDA) .
Number is 66.606. This grant will be awarded under the Appropriations Act of 2003.
Enclosed is an application kit for the Appropriations Act Grant. Please include the R9
Tracking # located in the upper right -hand comer of this guidance letter on your application. In
order for EPA to award this grant by September 30, 2003, the original and one copy of your
final application and workplan/program objectives should be submitted to EPA no later than
June 15, 2003 addressed to:
Grants Management Office (PMD -7)
Policy and Management Division
U.S. Environmental Protection Agency
75 Hawthorne Street
San Francisco, CA 94105 -3901
033
Page 2
The workplan should include the following items:
Background
• Project Goals /Objectives
• Deliverables/Work products to be completed and a time line for completion
Incremental steps to accomplish the work products (tasks)
• Breakdown of the costs associated with the work products and tasks
• Measures used to evaluate the success of the work products
Environmental Results
Questions regarding administrative or fiscal matters should be referred to Susan Chin at
415- 972 -3674. Susan Hatfield of the Standards and Permits Office has been assigned as the EPA
Project Officer for this grant. The EPA Project Officer serves as EPA's technical manager and
liaison with the recipient's Project Manager on all matters relating to project performance, serves
as EPA's source of programmatic oversight, and provides technical assistance as needed. Please
keep in mind that EPA is not allowed to provide funding for any construction activities until the
National Environmental Policy Act (NEPA), the Endangered Species Act (ESA), the National
Historic Preservation Act (NHPA) and other cross cutting laws have been complied with. As a
result, if you would like to use a portion of these funds to comply with NEPA, ESA and NHPA,
your initial application should reflect the costs of all planning and conceptual design work. If you
choose to not use Federal funds for planning and conceptual design work, then you may submit
an application for the construction portion of your project. However, EPA may not award these
funds until all applicable laws have been complied with.
Since there have been recent changes to various EPA assistance regulations, please obtain
a copy of the Code of Federal Regulations (CFR), Title 40, Part 1 -49. Copies of the CFR are
available at local U.S. Government Bookstores or by calling the U.S. Government Printing
Office at (202) 512 -1800 to order a copy. You may also access specific EPA regulations and the
OMB Circulars through the Internet at http: / /www.epa.gov /ogd.
We look forward to working with you. If you have any questions or comments or if we
may be of assistance to you as you draft your workplan, please contact Susan Hatfield of my staff
at 415- 972 -3520.
7
�G
T�1'4 Manager
Permits and Standards Office
cc: Mike Gordon, Mayor, City of El Segundo
Susan Chiu, PMD -7
034
EL SEGUNDO CITY COUNCIL MEETING DATE: June 17, 2003
AGENDA ITEM STATEMENT AGENDA HEADING: Consent
AGENDA DESCRIPTION:
Consideration and possible action authorizing the City Manager to execute a one -year
agreement with Managed Health Network for employee assistance program services.
RECOMMENDED COUNCIL ACTION:
Authorize the City Manager to execute a one -year agreement with Managed Health
Network for employee assistance program services in a form approved by the City
Attorney.
Alternatively discuss and take other action related to this item.
BACKGROUND & DISCUSSION:
For over ten years, the City has offered an employee assistance program through Managed
Health Network. The program provides such benefits as counseling for financial, credit and
tax problems; counseling for childcare and eldercare; counseling for legal problems; and
counseling for pre- retirement planning and organizing life's affairs. To continue offering this
benefit, staff is recommending the City Council authorize the City Manager to execute a one -
year agreement with Managed Health Network with automatic one -year renewals with a 60-
day termination clause.
This renewal continues the employee assistance program currently offered by the City.
ATTACHED SUPPORTING DOCUMENTS:
Contract
FISCAL IMPACT:
Operating Budget:
Amount Requested:
Account Number:
Project Phase: Authorization to sign agreement.
Appropriation Required: Yes X No
ORIGINATED BY: DATE:
Bret M. Plumlee, Director Administrative Services
Mary S46nn, City Manager
MAIN
WITH A MIND EMPLOYEE ASSISTANCE PROGRAM SERVICES AGREEMENT
�VOUR BETWEEN
MANAGED HEALTH NETWORK
AND
CITY OF EL SEGUNDO
GROUP #8504
This Employee Assistance Program Services Agreement ( "Agreement "), is to be effective the 1 st day of July, 2002,
by and between MANAGED HEALTH NETWORK ( "MHN "), a California corporation, and CITY OF EL
SEGUNDO ( "Client ") with reference to the following facts:
RECITALS
WHEREAS, Client wishes to establish an Employee Assistance Program as defined herein, for the benefit
of its employees and their Dependents.
WHEREAS, MHN is licensed as a specialized health care service plan under the Knox -Keene Health Care
Service Plan Act of 1975, as amended.
WHEREAS, MHN has experience in providing Employee Assistance Program services and has established
a network of professional providers to render required Employee Assistance Program services.
WHEREAS, Client wishes to engage MHN to provide such services and MHN wishes to provide the same
on the terms and conditions set forth herein;
NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the
parties agree as follows:
I. DEFINITIONS
1.1 "Covered Person or Member" - Any individual who, pursuant to this Employee Assistance Program
Services Agreement, is eligible for EAP benefits as an Eligible Employee or Dependent.
1.2 "Critical Incident Stress Debriefing (CISD)" — a group meeting or discussion regarding a distressing and
traumatic incident in the workplace. These meetings are conducted by specially trained and qualified MHN
providers and generally are conducted at the workplace.
1.3 "Dependent" - Any person who:
1. is the spouse of an Eligible Employee;
2. is a dependent child of an Eligible Employee or Eligible Employee's spouse, who is either:
a. unmarried and age eighteen (18) or less; or
b. over the age of eighteen (18) and incapable of self- sustaining employment by reason of mental
retardation or physical handicap incurred prior to age nineteen (19) and chiefly dependent upon the Eligible
Employee or Eligible Employee's spouse for support and maintenance. Proof of such incapacity and dependency
must be furnished to Client within thirty -one (3 1) days of such Dependent's attainment of his or her nineteenth (19th)
birthday and each birthday thereafter; or
3. is an unmarried Dependent child of Eligible Employee or Eligible Employee's spouse age
twenty -four (24) or less who is attending a recognized college or university, trade or secondary school on a full -time
basis. MHN may request student status of any such Dependent on a periodic basis.
N85N 11115M
Page 1 of 12
U36
4. Children in the military are not eligible.
A Dependent of an Eligible Employee or Eligible Employee's spouse becomes eligible to receive Covered Services
on the date on which the Dependent becomes a Dependent of Eligible Employee or Eligible Employee's spouse. For
adopted and foster children of Eligible Employee or Eligible Employee's spouse, coverage will begin at the moment
the child is placed in the custody of the adoptive or foster parents.
1.4 "Eligible Employee" - an individual who is a full -time employee of Client and for whom a fee is paid by
Client to MHN.
1.5 "Employee Assistance Program" ( "EAP ") - the MHN program for the Assessment and Referral of
Covered Persons as described in this Agreement.
1.6 "Initial Term" - the initial period of the Term of this Agreement as set forth at Paragraph 5. 1, below.
1.7 "Intake Line" - a telephone number available twenty four (24) hours each day, seven (7) days each week
to provide access to ME N's EAP services pursuant to this Agreement.
1.8 "Monthly Fee" - The amount to be paid to MHN by Client as set forth at paragraph 4.1.
1.9 "Participating Provider" - a professional contracting with MHN or its affiliates who furnishes Employee
Assistance Program services to Covered Persons.
1.10 "Plan" - the Client's general health benefits plan established for its employees.
1.11 "Session" - any (a) in- person or telephonic consultation e
with a Covered Person in connecti on with th
Covered Person's health, mental health, alcohol or substance abuse problems, (b) in- person consultation with e
Covered Person after referral for motivation or referral, or (c) an in- person consultation or a telephone consultation
requested by the Client regarding the Covered Person's performance.
1.12 "Term" - the Term of this Agreement as set forth at Paragraph 5. 1, below.
II. DUTIES OF MHN
2.1 Intake Line. By calling such number, Covered Persons may obtain information regarding the scope of and
the procedures for obtaining access to services and programs provided pursuant to this Agreement.
2.2 Participating Provider Network. MHN shall maintain a network of Participating Providers, to provide
the counseling services to Covered Persons pursuant to this Agreement.
2.3 Employee Assistance Program. MEIN shall provide or arrange for the following services:
a) Conduct orientation and training seminars for Client's managers, supervisors, and Covered Persons
relating to the scope and nature of the EAP services as set forth in Exhibit 2.3 hereof. The training programs may
also be to assist such personnel in identifying and dealing with employees whose job performance suffers from
personal, health or substance abuse related problems and who are not responsive to normal on -site supervisory
counseling procedures.
b) MEIN shall respond to management/job performance referrals. For management/job performance
referrals, MHN shall provide follow -up, as determined by MHN to be necessary, to monitor referred Covered
Persons' adherence to the agreed course of treatment. Progress reports to managers and supervisors on referred
employees will be limited to reporting whether or not the employee has sought EAP assistance and is cooperating
with the treatment program.
8504 11 /15M
Page 2 of 12 0 3 f
C) MHN will respond to CISDs as set forth in Exhibit 2.3 relating to a distressing and traumatic event
occurring in the Client's workplace on an unlimited basis, except in the case of catastrophic events. A "catastrophic
event" is defined as an incident requiring more than twenty (20) hours of counseling. In such an event, beginning
with the 21" hour, MHN shall bill Client at the rate of $200.00 per hour, or the rate in effect at the time of service in
MHN's Training & Consulting Schedule, as well as for any travel expenses, including without limitation, practitioner
professional fees for travel time, incurred by MHN.
d) MHN shall provide a maximum of three (3) counseling sessions per incident per Covered Person
per calendar year. In providing such services, MHN shall assess and refer Covered Persons to obtain the appropriate
care aimed at restoring their ability to perform their job duties at an acceptable level and to provide general
assistance in connection with substance abuse or mental health problems.
e) MHN shall design, recommend, produce, and provide materials and/or other information to Client
to publicize its existence to Client's Covered Persons.
f) At the conclusion of assessment services, the Covered Person will be requested to complete a
"Client Satisfaction Questionnaire."
2.4 Reports to Client. MHN shall provide Client with the reports described in Exhibit 2.4, attached hereto and
made a part hereof, at the intervals described therein.
2.5 EAP Life Management Services. MEN shall also provide those EAP life management services described
in Exhibit 2.5 hereof. The fee for such services is included in the Monthly Fee set forth in section 4.1 of this
Agreement.
2.6 Questium Welcome Services. Client will have access to MHN's Questium Welcome, an introductory
website that provides a health risk assessment, an interactive, multimedia stress program, articles on emotional health
and work/life topics, an overview of MHN's EAP services, a practitioner search, and links to related websites. Client
will also receive Questium News, N41-IN's quarterly online newsletter, for distribution to Eligible Employees.
III. DUTIES OF CLIENT
3.1 Dissemination of Information. Client shall inform all its employees who are Covered Persons of the
services provided pursuant to this Agreement. Except with respect to materials prepared solely by MHN and
distributed in accordance with MHN's instructions, MHN shall have no responsibility for the correctness of any
information disseminated by Client or compliance with applicable laws, rules, or regulations. Client, as plan
fiduciary, understands and agrees that it shall be fully responsible for Plan compliance with all relevant provisions of
the Employee Retirement Income Security Act of 1974 (ERISA), as amended, including, but not limited to, any
disclosures required to be given to Covered Persons under applicable Department of Labor regulations and/or other
legal and regulatory requirements. The Client acknowledges that any designated Plan Administrator shall be
responsible for Plan compliance including, but not limited to, the following:
a) preparation and filing of Forms 5500 and/or 990 if applicable;
b) preparation, review and distribution of a Summary Plan Description if required by ERISA; and
C) filing Summary Plan Description with U.S. Department of Labor if applicable.
3.2 Costs of Ongoing Treatment. Client shall inform all its employees who are Covered Persons that the cost
of any treatment not specifically provided pursuant to this Agreement, shall be the responsibility of the Covered
Person.
Q504 11/15A2
Page 3 of 12
1
3.3 Client Liaison. Client shall designate an employee to act as a liaison between the Client and MHN under
this Agreement and to be responsible for coordinating all of Client's requests for services under this Agreement.
IV. COMPENSATION OF MHN
4.1 Monthly Fee. Client shall pay to MHN a Monthly Fee equal to one dollar and sixty -two cents ($1.62) per
Eligible Employee. The Monthly Fee shall be due and payable on or before the first day of each month during the
Tenn. Notwithstanding the provisions of 4.3 below, if there is an increase or decrease in the number of Covered
Persons, MHN shall be entitled to adjust the compensation payment on a monthly basis. In the event that Client fails
to forward any compensation payment by the due date, Client shall pay MHN a late payment penalty of one percent
(I %) per month on all monies outstanding in excess of thirty (30) days.
4.2 Travel Expenses. Travel Expenses (and professional fees billed by providers for travel time) incurred by
MHN on behalf of Client are not included in the Monthly Fee and shall be billed by MHN to Client as incurred.
Client shall reimburse MHN for said expenses within thirty (30) days of receipt of such billing.
4.3 Adjustments to Fees. The Fees shall remain in effect for the Initial Term of this Agreement. Thereafter,
MHN may adjust the Fees upon thirty (30) days prior written notice to Client. If Client objects to any such
adjustment in the Fees and if MHN and Client are unable to reach an agreement with respect to such adjustment, this
Agreement shall be terminated upon five (5) days prior written notice by either party. If no such notice is received
by either party by the time that the adjusted Fee is to be effective, the parties shall be deemed to have agreed upon
the Fee adjustment as set forth in MHN's notice of adjustment. Termination of this Agreement shall be the sole
remedy for unresolved disputes relating to adjustment in the Fees and such disputes shall, accordingly, not be subject
to arbitration.
V. TERM AND TERMINATION
5.1. Term. This Agreement shall commence upon the 1st day of July, 2002 (the "Effective Date "), and shall
initially continue in effect for a period of twelve (12) months, through the 30th day of June, 2003, following which it
shall be automatically extended for successive periods of one (1) year, subject to section 4.3, "Adjustment of Fees ",
unless either party terminates this Agreement in writing at least sixty (60) days prior to the end of the then current
Term, or unless otherwise terminated in accordance with the provisions hereof.
5.2 Termination. Either party may terminate this Agreement with or without cause with a sixty (60) day
advance notice in writing to the other party; or either party may terminate this Agreement in writing if:
a) Either party materially breaches this Agreement, and such material breach continues for a period of
fifteen (15) days after written notice is given to the breaching party, specifying the nature of the breach and
requesting that it be cured. If, however, the nature of breach is such that it cannot be cured within the fifteen (15)
day period, then if the breaching party commences such cure in good faith within ten (10) days after delivery of the
aforesaid notice and gives written notice to the non - breaching party of the action being taken to effect such cure, then
this Agreement shall not be canceled. In no event shall such breach continue more than thirty (30) days after receipt
of the aforesaid notice; or
b) Either party shall be adjudged bankrupt, become insolvent, have a receiver of its assets or property
appointed, make a general assignment for the benefit of creditors, or institute or cause to be instituted any procedure
for reorganization or rearrangement of its affairs.
VI. NOTICE TO COVERED PERSONS
Client shall inform all Covered Persons of any termination of this Agreement. MHN shall not have any obligation
for claims submitted for dates of service following termination of this Agreement. Any services authorized by MHN
but incurred after termination of this Agreement are the responsibility of the Covered Person.
ne5N 11115/02
Page 4 of 12
U3J
Transfer of Records. Upon the termination of MHN's duties pursuant to this Agreement, it shall be the
responsibility of the Client to arrange and pay all costs for the transfer to the successor EAP company any of the
Client's records in MHN's possession involving job performance referrals. MHN may transfer such records in any
form as it may desire; including computer tapes or disks. It is the responsibility of the Client to convert such
information into a form required by the successor.
VII. ACCESS TO BOOKS AND RECORDS
Client agrees that MHN may have access to Client's books and records, on reasonable notice, and at reasonable
times, during normal business hours, Monday through Friday of each week, to verify the number of Covered Persons
reported by Client hereunder. This provision shall survive any termination of this Agreement.
VIII. PROPRIETARY MATERIALS
8.1 MHN Materials. Client acknowledges that MHN has developed and will develop in connection with this
Agreement, certain symbols, trademarks, service marks, designs, data, processes, plans, procedures and information,
all of which are proprietary information and trade secrets of MHN (Collectively referred to as "Materials "). Such
Materials include, without limitation, Materials relating to MHN's Quality Management/Utilization Management
Program, the Intake Line and all Materials prepared and distributed by MHN in connection with its Employee
Assistance Programs. Client shall not use any of MHN's proprietary Materials, except as expressly contemplated by
this Agreement, without the prior written consent of MHN, and shall cease any and all usage of Materials
immediately upon the termination of this Agreement or at MHN's request.
8.2 Confidentiality of Parties' Records and Materials. All files, data and information relating to the
business of either party in possession of the other party will be deemed confidential and will not be disclosed except
upon lawful order of a court or public authority which order compels obedience under penalty of contempt, fine, or
impairment or loss of the right to do business. In the event of any such disclosure, the disclosing party shall
immediately notify the other party in writing detailing the circumstances and extent of such disclosure.
IX. CONFIDENTIALITY OF PATIENT INFORMATION
Each party shall maintain the confidentiality of information in its possession contained in the records of Covered
Persons in accordance with applicable state and federal laws and regulations or other applicable law, and shall not
release such information, either to each other or to any other person or entity, except as permitted by law or in
accordance with a validly executed release.
X. MISCELLANEOUS
10.1 Regulation. MHN is subject to regulation by the California Department of Managed Health Care and this
Agreement is subject to the requirements of the Knox -Keene Health Care Service Plan Act of 1975 (the "Act ",
commencing with Section 1340 of the California Health and Safety Code) and the regulations promulgated
thereunder (found at Chapter 3 of Title 10 of the California Code of Regulations). Any provision required to be in
this Agreement by either of these sources of law shall bind the parties whether or not provided hereunder.
10.2 Relationship of the Parties. In the performance of the work, duties and obligations of the parties to this
Agreement, the parties shall at all times be acting and performing as independent contractors. No relationship of
employer and employee, or partners or joint venturers is created by this Agreement, and neither party may therefore
make any claim against the other party for social security benefits, workers' compensation benefits, unemployment
insurance benefits, vacation pay, sick leave or any other employee benefit of any kind.
#8500 11/15/02
Page 5 of 12 `� ��
10.3 Notices. Except as set forth herein, all notices required or permitted to be given hereunder, shall be in
writing and shall be sent by United States mail, certified or registered, return receipt requested, postage prepaid, or
sent by a nationally recognized overnight courier or delivery service to the parties hereto at their respective addresses
set forth herein, or such other address as may be fixed in accordance with the provisions hereof. Except as set forth
herein, if mailed in accordance with the provisions of this paragraph, such notice shall be deemed to be received
three (3) business days after mailing.
10.4 Entire Agreement; Amendment. This Agreement and all exhibits and other documents furnished pursuant
to this Agreement and expressly made a part hereof shall constitute the entire agreement between the parties, and
supersedes all other agreements, written or otherwise. This Agreement may be amended by a signed written
agreement of the parties.
10.5 Provisions Separable. The invalidity or unenforceability of any term or provision of this Agreement shall
not affect the validity or enforceability of any other term or provision.
10.6 Dispute Resolution.
a) Any controversy between the parties to this Agreement shall be resolved, to the extent possible, by
informal meeting or discussions between the appropriate representatives of the parties.
b) In the event the parties are unable to resolve the controversy informally, the parties, including
without limitation, Members, agree to submit the matter to binding arbitration before a single arbitrator acceptable to
both parties under the commercial rules of the American Arbitration Association ( "AAA ") then in effect. The parties
agree to divide equally the AAA's administrative fee as well as the arbitrator's fee, if any, unless otherwise assessed
by the arbitrator. The administrative fee shall be advanced by the initiating party subject to final apportionment by
the arbitrator in his/her award. The arbitrator's award maybe enforced in any court having jurisdiction thereof by the
filing of a petition to enforce said award. The cost of filing may be recovered by the party which initiates such action
to have an award enforced.
C) Arbitration shall take place in San Francisco, California, or such other location mutually agreed
upon by the parties.
d) The parties shall have the rights of discovery provided by the laws in the state where the arbitration
is conducted.
10.7 Waiver of Breach. The waiver by either party of a breach or violation of any provision of this Agreement
shall not operate as, nor be construed to be, a waiver of any subsequent breach thereof.
10.8 Applicable Law. This Agreement shall be governed in all respects by the laws of the State of California.
10.9 Indemnification. Client agrees to indemnify MHN, its directors, officers, employees and agents, and hold
them harmless, for any and all reasonable expenses, claims, liabilities and judgments arising out of the performance
of this Agreement but only in proportion to and to the extent such liability, loss, expense, attorney's fees, or claims
for injury or damages are caused by or result from negligent or intentional acts or omissions on the part of Client or
its directors, officers, employees, or agents.
MHN agrees to indemnify Client, its directors, officers, employees and agents, and hold them harmless, for any and
all reasonable expenses, claims, liabilities and judgments arising out of the performance of this Agreement but only
in proportion to and to the extent such liability, loss, expense, attorney's fees, or claims for injury or damages are
caused by or result from negligent or intentional acts or omissions on the part of MHN or its directors, officers,
employees, or agents.
#8504 11/15N2
Page 6 of 12 f f,
41
10.10 Assignments/Subcontracting. Neither party shall have the right to assign, delegate or subcontract any of
its rights or obligations without the prior written consent of the other party. Notwithstanding the foregoing, MHN
shall have the right to sell, transfer, convey or assign this Agreement to any successor, subsidiary, parent or affiliate
of MHN and such assignee shall acquire all of the rights, duties and obligations of MHN set forth herein.
IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first set forth above.
"Client"
CITY OF EL SEGUNDO
350 Main Street
El Segundo, CA 90245
By:
Name:
Title:
Date:
APPROVED AS TO MM
GTY ATTORNEY
MW.
MANAGED HEALTH NETWORK
1600 Los Gamos Drive, Suite 300
San Rafael, CA 94903
By
Namr• /L /U/G Li��/1'1
Title: ✓G�SU✓e
Date: %
kB504 II /ISNZ !, q
Page 7 of 12 ! A)
TABLE OF EXHIBITS
Exhibit 2.3 Client Training Programs
Exhibit 2.4 Reports to Clients
Exhibit 2.5 EAP Life Management Services
#8504 11 /13M
f
Page 8 of 12 .
EXHIBIT 2.3
CLIENT TRAINING PROGRAMS
The following training programs shall be provided as requested by Client at no additional charge.
1. Orientation seminars for employees
2. Training seminars for managers and supervisors
3. Management Consults /Job Performance Referrals and related follow -ups
4. Four (4) "brown bag" seminars
5. Critical Incident Stress Debriefings [except as provided in Section 2.3 (c)]
#85W 11115A2
Page 9 of 12 04-1
EXHIBIT 2.4
REPORTS TO CLIENT
Name of Report Interval
EAP Utilization Report Semi- Annually and Annually
tt8504 11 /I5r92 Y
Page 10 of 12 1� 4')
EXHIBIT 2.5
EAP LIFE MANAGEMENT SERVICES
• Counseling for Financial and Credit Problems. In a "buy now, pay later" world, it's easy to suddenly find
oneself in financial trouble. This plan covers the services of a Participating Financial Counselor (as defined below)
to help get the Member's finances back under control, analyze spending habits and patterns, develop a realistic,
personalized budget, and to educate the Member on available credit rights and options. This service does not cover
tax or investment advice, nor does MHN give loans or pay bills. One Session = Telephone session of up to 60
minutes.
• Counseling for Childcare Matters. Childcare problems can produce frustration, concern and guilt. They can
interfere with a parent's routine, causing missed time from work and canceled plans. This plan covers the services of
a Participating Counselor (as defined below) to help a Member assess the Member's childcare needs and to identify
and evaluate appropriate childcare options. One Session = Telephone session of up to 60 minutes.
• Counseling for Eldercare Matters. Getting the help required to care for an aging relative can be a difficult
and confusing process for concerned family members. This plan covers the services of a Participating Counselor (as
defined below) to help a Member explore and utilize available resources to resolve problems with elder living
arrangements, nutrition, health care, legal rights, and Social Security, Medicare and Medicaid benefits. One Session
= Telephone session of up to 60 minutes.
• Counseling for Legal Problems. In the past, only the most privileged had routine access to legal advice.
Today, legal counsel is frequently a necessity for the average citizen. This plan covers the services of a Participating
Legal Counselor (as defined below) to provide legal consultation to Members with legal questions in areas of family
law, consumer issues, landlord- tenant disputes, personal injury, contracts and criminal matters. This plan
specifically does not cover legal representation in court, preparation of legal documents, or advice in the areas of
labor, employment, taxes, patents or immigration. One Session = Telephone session of up to 30 minutes.
• Counseling for Federal Tax Problems. Few events in life cause as much worry and preoccupation as dealing
with the Internal Revenue Service under potentially adverse circumstances. To Members who are faced with federal
tax problems, this plan covers the services of a Participating Tax Counselor (as defined below) to provide tax
consultation for:
• Unpaid federal taxes, penalties and interests.
• IRS audits.
• Unfiled, past -due federal tax returns.
• Any other problem with the IRS that you or your family members have unsuccessfully attempted to
resolve.
Each family unit is entitled to a total of up to 90 minutes per year, which consists of three telephone sessions of up
to 30 minutes each. Please note that this is not a tax representation and/or preparation service.
• Counseling for Pre - Retirement Planning. Whatever retirement means to you, be it a time to get away from it
all or a chance to develop personal interests, how those years are spent will depend on what is done to prepare for
them. This plan covers the services of a Participating Retirement Counselor (as defined below) to provide
information on topics relevant to persons of any age who are planning for retirement. Members will be provided
information about the range of situations that they are likely to encounter in retirement, and they will be given
guidance on how to plan ahead for quality retirement. This service does not cover specific investment, tax, or legal
advice. One Session = Telephone session of up to 60 minutes.
• Counseling for Organizing Life's Affairs. In our complex lives, paperwork can become overwhelming, and
leaving a legacy of disorganized records and vital documents can be a time - consuming and emotional burden to
"5N II /15M
Page 11 of 12 G
surviving loved ones. To simplify life, to prepare for emergencies, and to ease the burden on family members who
may need to make important decisions in your absence, this plan covers the services of a Participating Counselor (as
defined below) to address these needs. The counselor will teach you how to create an organized legacy. This benefit
can also be used for Members who need to arrange "final details" for a friend or family member, or for Members
who need suggestions and support about getting life back together after the loss of a loved one. One Session =
Telephone session of up to 60 minutes.
• Sanity Savers", Concierge Service. MEN's Sanity Savers" personal assistance service serves as a resource
for providing solutions to your everyday challenges of life. Rather than spend a part of your busy workday finding
resources for ordering flowers or theatre tickets, planning a vacation, or arranging transportation, this plan covers the
services of a personal assistant to help you accomplish these tasks. Please note that this service only provides
general information regarding referrals and does not cover the cost of services purchased nor does MEN guarantee
the delivery and/or quality of any service. MHN reserves the right to decline specific requests at MHN's sole
discretion. One Session = Request for Service (30 minute maximum spent on each request)
For the purposes of this Agreement, a `Participating Counselor ", `Participating Financial Counselor ", `Participating
Legal Counselor ", "Participating Tax Counselor ", and `Participating Retirement Counselor" are defined as an
individual contracting with or employed by MHN or its affiliates who furnishes EAP Life Management Services to
Covered Persons.
xasoa �vismz
Page 12 of 12 'U
EL SEGUNDO CITY COUNCIL MEETING DATE: June 17, 2003
AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action regarding approval to apply for, and if awarded, participate
in the "California Seat Belt Compliance Campaign" (CSBCC) Mini -Grant program sponsored
by the California Office of Traffic Safety.
RECOMMENDED COUNCIL ACTION:
(1) Approve the request to apply for, and if awarded, utilize funding from the Office of Traffic
Safety Mini -Grant to participate in the California Seat Belt Compliance Campaign.
(2) Alternatively discuss and take other action related to this item.
BACKGROUND & DISCUSSION:
On June 1, 2003, the El Segundo Police Department received notification that applications for
a "Mini - Grant' sponsored by the California Office of Traffic Safety were being accepted
through July 3, 2003 to provide funding for specific traffic enforcement related to seatbelt and
child safety seat violations. If awarded, the grant funds will reimburse the City for all personnel
costs related to seat belt and child safety seat enforcement during the period of November 17 -
30, 2003. The requested amount totals $6,374.00.
ATTACHED SUPPORTING DOCUMENTS:
Grant
Operating Budget:
Amount Requested:
Account Number (Expenditure):
Account Number (Revenue):
Project Phase:
Appropriation Required:
$0.00
$6,374.00
001 -400- 3104 -4103
001 - 300 - 0000 -3703
N/A
X Yes No
CSBCC MINI -GRANT REQUEST FORM
Submit to the California Office Of Traffic Safety, by FAX at (916) 262 -2960 or mail to
7000 Franklin Blvd. Suite 440, Sacramento, California, CA 95823 -1899 by July 3 2003
Agency Name: El Segundo Police Department
Address: 348 Main Street
City: El Segundo ZIP 90245
Telephone: 310 -524 -2296 FAX: 310-640-8648
Contact Person: Lt. Brian Evanski
Email Address: bevanski @elsegundo.org
9) Total Amount Requested: $ 6,374.00
I certify that the requesting Agency agrees to conduct Occupant Protection Enforcement Training, Pre
and Post Mobilization seat belt surveys, and to complete the Mini -Grant process by January 31, 2004.
Attachment: Seat Belt Use Policy (27315.5 CVC)
Submitted by: Roger A. Stephenson
Print Name Roger A. Stephenson
Date June 2, 2003
Title: Sergeant
POPULATION (Check appropriate box)
X
5,000 — 50,000 Maximum $10,000
50,001 — 100,000 Maximum $15,000
100,001 — 150,000 Maximum $25,000
150,001 — 250,000 Maximum $35,000
Over 250,001 Maximum $50,000
Mini -Grant Personnel Overtime Hours
November 17— 30, 2003
1) Hours
2) Hourly $ 3) Total $ 5) % 5) % 5) % 6) Total
OT Rate Amount OASDI
7) Total $
16
St. Com Medicare % Benefits
$75.21 $1,203.00 0 0
Benefits
80
.0145 .0145
$59.13 $4,730.00 0 0
$17.00
.0145 .0145
$69.00
10 $32.69 $327.00 .062 .01 .0145 .0865
4) Total $ 6,260.00
$28.00
8) Total $114.00
9) Total Amount Requested: $ 6,374.00
I certify that the requesting Agency agrees to conduct Occupant Protection Enforcement Training, Pre
and Post Mobilization seat belt surveys, and to complete the Mini -Grant process by January 31, 2004.
Attachment: Seat Belt Use Policy (27315.5 CVC)
Submitted by: Roger A. Stephenson
Print Name Roger A. Stephenson
Date June 2, 2003
Title: Sergeant
EL SEGUNDO CITY COUNCIL
AGENDA ITEM STATEMENT
DA
MEETING DATE: June 17, 2003
AGENDA HEADING: Consent Agenda
Consideration and possible action regarding approval of the Whale Rescue Team contract for
marine mammal rescue services — (Fiscal Impact = $1.00).
RECOMMENDED COUNCIL ACTION:
(1) Approve the Whale Rescue Team contract for marine mammal rescue services and
authorize the City Manager to execute.
(2) Alternatively discuss and take other action related to this item.
BACKGROUND & DISCUSSION:
On May 20, 2003, City representatives met with Peter Wallerstein from the Whale Rescue
Team (WRT) and discussed the feasibility of contracting with the WRT to provide marine
mammal rescue services for the City of El Segundo. Although El Segundo Animal Control
personnel have the appropriate training to perform these rescues, the WRT has the necessary
equipment and resources to respond and perform safe rescues of larger marine mammals.
The WRT is currently under contract with the County and City of Los Angeles to conduct
marine mammal rescues on their beach fronts and it is recommended that the City of El
Segundo contract with the WRT to perform marine mammal rescues on the El Segundo
beach. Appropriations needed for this contract is in the amount of $1.00 and should be funded
from the Animal Control contract services account.
ATTACHED SUPPORTING DOCUMENTS:
Whale Rescue Team Contract
FISCAL IMPACT:
Operating Budget: $34,500.
Amount Requested: $1.
Account Number: 001- 400 - 3108 -6206
Project Phase: Implementation
Appropriation Required: No
Chief o��e
REVIEWED
I / %3
10
Agreement No.
CONTRACT FOR PROFESSIONAL SERVICES
BETWEEN
THE CITY OF EL SEGUNDO AND
THE WHALE RESCUE TEAM
This AGREEMENT is entered into this 1" day of July, 2003, by and between the CITY
OF EL SEGUNDO, a general law city and municipal corporation ( "CITY ") and the WHALE
RESCUE TEAM, a California nonprofit corporation ( "CONSULTANT ").
1. CONSIDERATION.
A. As partial consideration, CONSULTANT agrees to perform the work listed in the
SCOPE OF SERVICES, below;
B. As additional consideration, CONSULTANT and CITY agree to abide by the
terms and conditions contained in this Agreement;
C. As additional consideration, CITY agrees to pay CONSULTANT a sum not to
exceed one dollar ($1) for CONSULTANT's services.
2. SCOPE OF SERVICES.
A. CONSULTANT will perform the following services within CITY's jurisdiction:
Twenty -four (24) hour response to sick, injured or stranded marine
mammals;
ii. Stabilization and medical aid to such mammals; and
iii. Transportation of the animals to certified care facilities for the
rehabilitation and eventual release of the animals back into the wild.
B. CONSULTANT will, in a professional manner, furnish all of the labor, technical,
administrative, professional and other personnel, all supplies and materials,
equipment, printing, vehicles, transportation, office space and facilities, and all
tests, testing and analyses, calculation, and all other means whatsoever, except as
herein otherwise expressly specified to be furnished by CITY, necessary or proper
to perform and complete the work and provide the professional services required
of CONSULTANT by this Agreement.
3. FAMILIARITY WITH WORK. By executing this Agreement, CONSULTANT represents
that CONSULTANT has
A. Thoroughly investigated and considered the scope of services to be performed;
r r .,
Page I of 12 0 `� t
B. Carefully considered how the services should be performed; and
C. Understands the facilities, difficulties, and restrictions attending performance of
the services under this Agreement.
4. TERM. The term of this Agreement will be from July 1, 2003, to June 30, 2004. Unless
otherwise determined by written amendment between the parties, this Agreement will terminate
on the termination date or as provided in Section 11.
5. TIME FOR PERFORMANCE. CONSULTANT will not perform any work under this
Agreement until CONSULTANT furnishes proof of insurance as required under Section 22 of
this Agreement.
6. CHANGES. CITY may order changes in the services within the general scope of this
Agreement, consisting of additions, deletions, or other revisions, and the contract sum and the
contract time will be adjusted accordingly. All such changes must be authorized in writing,
executed by CONSULTANT and CITY. The cost or credit to CITY resulting from changes in
the services will be determined in accordance with written agreement between the parties.
7. TAXPAYER IDENTIFICATION NUMBER. CONSULTANT will provide CITY with a
Taxpayer Identification Number.
8. PERMITS AND LICENSES. CONSULTANT, 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.
9. PROJECT COORDINATION AND SUPERVISION.
A. Peter Wallerstein will be assigned as Project Manager and will be responsible for
job performance, negotiations, contractual matters, and coordination with CITY's
Project Manager.
B. 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 CONSULTANT's Project Manager.
10. WAIVER. CITY's review or acceptance of, or payment for, work product prepared by
CONSULTANT under this Agreement will not be construed to operate as a waiver of any rights
CITY may have under this Agreement or of any cause of action arising from CONSULTANT's
performance. A waiver by CITY of any breach of any term, covenant, or condition contained in
this Agreement will not be deemed to be a waiver of any subsequent breach of the same or any
other term, covenant, or condition contained in this Agreement, whether of the same or different
character.
Page 2 of 8 05')
11. TERMINATION.
A. Except as otherwise provided, the Parties may terminate this Agreement at any
time with or without cause. 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, CONSULTANT waives any and all claims for
damages that might otherwise arise from CITY's termination under this Section.
12. OWNERSHIP OF DOCUMENTS. All documents, data, studies, drawings, maps, models,
photographs and reports prepared by CONSULTANT under this Agreement are CITY's
property. CONSULTANT may retain copies of said documents and materials as desired, but
will deliver all original materials to CITY upon CITY's written notice. CITY agrees that use of
CONSULTANT's completed work product, for purposes other than identified in this Agreement,
or use of incomplete work product, is at CITY's own risk.
13. INDEMNIFICATION.
A. CONSULTANT agrees to the following:
i. Indemnification for Professional Services. CONSULTANT will save
harmless and indemnify, including, without limitation, CITY's
defense costs (including reasonable attorney's fees), from and against
any and all suits, actions, or claims, of any character whatever,
brought for, or on account of, any injuries or damages sustained by
any person or property resulting or arising from any negligent or
wrongful act, error or omission by CONSULTANT or any of
CONSULTANT's officers, agents, employees, or representatives, in
the performance of this Agreement.
ii. Indemnification for other Damages. CONSULTANT indemnities 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 brought against it
by suit or otherwise, whether the same be groundless or not, arising
out of this Agreement, or its performance, CONSULTANT will
defend CITY (at CITY's request and with counsel 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.
Page 3 of 8 J
C. It is expressly understood and agreed that the foregoing provisions will survive
termination of this Agreement.
D. The requirements as to the types and limits of insurance coverage to be
maintained by CONSULTANT as required by Section 16, and any approval of
said insurance by CITY, are not intended to and will not in any manner limit or
qualify the liabilities and obligations otherwise assumed by CONSULTANT
pursuant to this Agreement, including, without limitation, to the provisions
concerning indemnification.
14. ASSIGNABILITY. This Agreement is for CONSULTANT's professional services.
CONSULTANT's attempts to assign the benefits or burdens of this Agreement without CITY's
written approval are prohibited and will be null and void.
15. INDEPENDENT CONTRACTOR. CITY and CONSULTANT agree that
CONSULTANT will act as an independent contractor and will have control of all work and the
manner in which is it performed. CONSULTANT will be free to contract for similar service to
be performed for other employers while under contract with CITY. CONSULTANT 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 CONSULTANT as to the details of doing the work
or to exercise a measure of control over the work means that CONSULTANT will follow the
direction of the CITY as to end results of the work only.
16. INSURANCE.
A. Before commencing performance under this Agreement, and at all other times this
Agreement is effective, CONSULTANT 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 Limits (combined single
Commercial general liability: $300,000
Professional Liability $300,000
Business automobile liability $300,000
Workers compensation Statutory requirement.
B. The amount of Commercial General Liability 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," basis and will
not be cancelable or subject to reduction except upon thirty (30) days prior written
Page 4 of 8
notice to City.
C. Automobile coverage will be written on ISO Business Auto Coverage Form CA
00 0106 92, including symbol 1 (Any Auto).
D. Professional liability coverage will be on an "occurrence basis" if such coverage
is available, or on a "claims made" basis if not available. When coverage is
provided on a "claims made basis," CONSULTANT will continue to maintain the
insurance in effect for a period of three (3) years after this Agreement expires or
is terminated ( "extended insurance "). Such extended insurance will have the same
coverage and limits as the policy that was in effect during the term of this
Agreement, and will cover CONSULTANT for all claims made by City arising
out of any errors or omissions of CONSULTANT, or its officers, employees or
agents during the time this Agreement was in effect.
E. CONSULTANT will furnish to City duly authenticated Certificates of Insurance
evidencing maintenance of the insurance required under this Agreement,
endorsements as required herein, 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:VIL"
F. Should CONSULTANT, for any reason, fail to obtain and maintain the insurance
required by this Agreement, City may obtain such coverage at CONSULTANT'S
expense and deduct the cost of such insurance from payments due to
CONSULTANT under this Agreement or terminate.
17. 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
CONSULTANT
City of El Segundo
350 Main Street
El Segundo, CA 90245
Fax: Fax:
Any such written communications by mail will be conclusively deemed to have been received by
the addressee upon deposit thereof in the United States Mail, postage prepaid and properly
addressed as noted above. In all other instances, notices will be deemed given 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.
18. SOLICITATION. CONSULTANT maintains and warrants that it has not employed nor
retained any company or person, other than CONSULTANT's bona fide employee, to solicit or
secure this Agreement. Further, CONSULTANT warrants that it has not paid nor has it agreed
Page 5 of 8
U5 5
to pay any company or person, other than CONSULTANT's bona fide employee, any fee,
commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting
from the award or making of this Agreement. Should CONSULTANT breach or violate this
warranty, CITY may rescind this Agreement without liability.
19. THIRD PARTY BENEFICIARIES. This Agreement and every provision herein is
generally for the exclusive benefit of CONSULTANT and CITY and not for the benefit of any
other party. There will be no incidental or other beneficiaries of any of CONSULTANT's or
CITY's obligations under this Agreement. Notwithstanding the foregoing provisions, the State
of California may exercise the rights reserved for it under this Agreement to ensure compliance
with applicable California laws and regulations.
20. 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.
21. ENTIRE AGREEMENT. This Agreement, and its Attachments, sets forth the entire
understanding of the parties. There are no other understandings, terms or other agreements
expressed or implied, oral or written. There are three (3) Attachments to this Agreement. This
Agreement will bind and inure to the benefit of the parties to this Agreement and any subsequent
successors and assigns.
22. RULES OF CONSTRUCTION. Each Party had the opportunity to independently review
this Agreement with legal counsel. Accordingly, this Agreement will be construed simply, as a
whole, and in accordance with its fair meaning; it will not be interpreted strictly for or against
either Party.
23. 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.
24. 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.
CITY's city manager, or designee, may execute any such amendment on behalf of CITY.
25. ACCEPTANCE OF FACSIMILE SIGNATURES. The Parties agree that this Agreement,
agreements ancillary to this Agreement, and related documents to be entered into in connection
with this Agreement will be considered signed when the signature of a party is delivered by
facsimile transmission. Such facsimile signature will be treated in all respects as having the
same effect as an original signature.
26. 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.
Page 6 of 8 03-0-1
27. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of
reference only and will not affect the interpretation of this Agreement.
28. 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.
29. TIME IS OF ESSENCE. Time is of the essence for each and every provision of this
Agreement.
30. STATEMENT OF EXPERIENCE. 13y executing this Agreement, CONSULTANT
represents that it has demonstrated trustworthiness and possesses the quality, fitness and capacity
to perform the Agreement in a manner satisfactory to CITY. CONSULTANT represents that its
financial resources, surety and insurance experience, service experience, completion ability,
personnel, current workload, experience in dealing with private consultants, and experience in
dealing with public agencies all suggest that CONSULTANT is capable of performing the
proposed contract and has a demonstrated capacity to deal fairly and effectively with and to
satisfy a public agency.
[Signatures on next page]
Page 7 of 8
'115"
IN WITNESS WHEREOF the parties hereto have executed this contract the day and year
first hereinabove written.
CITY OF EL SEGUNDO,
a general law city.
WHALE RESCUE TEAM,
a California nonprofit corporation.
City Manager President
ATTEST:
Secretary
Cindy Mortesen,
City Clerk
APPROVED AS TO FORM:
MARK D. HENSLEY, CITY ATTORNEY
By:
Karl H, Berger, Assistant City Atto
Page8of8 1058
EL SEGUNDO CITY COUNCIL MEETING DATE: June 17, 2003
AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action regarding the adoption of plans and specifications as
well as equipment purchases for work being performed in City Hall - (estimated cost =
35,000).
RECOMMENDED COUNCIL ACTION:
Recommendation — (1) Adopt plans and specifications for roof repair and painting of walls;
(2) Authorize staff to advertise for bids for the purchase of lavatory fixtures and for bids for
City Hall roof repair and painting of walls; and (3) Alternatively discuss and take other
action related to this item.
BACKGROUND & DISCUSSION:
Portions of the City Hall roof are more than twenty (20) years old, have endured several
building modifications and repairs, and continue to leak during the rainy season. This
project will repair the roof over the Council Chamber and provide a maintenance contract to
extend the roof life for approximately three (3) years. This will provide enough time for the
City to appropriate the necessary funding for a complete replacement of the City Hall roof.
($20,000)
The painting project completes the remodeling work in the City Hall Public Works area.
Work to be performed includes repainting of walls, door and window trim and replacement
of the baseboard. ($7,500)
New plumbing fixtures will be purchased for the two (2) lavatories in City Hall which are
being remodeled. The fixtures will be installed by City staff. ($8,000)
ATTACHED SUPPORTING DOCUMENTS:
None.
FISCAL IMPACT:
Operating Budget: $459,000
Amount Requested: $ 35,500
Account Number: 405 - 400 - 0000 -6215
Project Phase: Adoption of plans and specifications and purchases of equipment
Appropriation Required: No
ORIGINATED BY: � DATE: June 9, 2003
Andres Santamaria, Director of Public Works
20030617 —(R) Adoption of Plans and Speafgations and Equipment Purchases for work being performed in City Hall
11
EL SEGUNDO CITY COUNCIL
AGENDA ITEM STATEMENT
MEETING DATE: June 17, 2003
AGENDA HEADING: Consent Agenda
Consideration and possible action regarding the adoption of plans and specifications for
work being done in Fire Station No. 1 and the Police Department Building - (estimated cost
_ $69,500).
Recommendation — 1
() Adopt plans and specifications for Fire Station No. 1 work (a)
Remodeling of kitchen and dining area, (b) Installation of new floor coverings in portions
of the building, (c) HVAC rezonin g tinting; (2) Adopt plans and specgifi adtionssforl the nrez rezoning the tPol ce Department
Building HVAC; and (3) Alternatively discuss and take other action related to this item.
(Background and discussion beings on the next page .............
None.
Operating Budget:
Amount Requested:
Account Number:
Project Phase:
Appropriation Required:
$459,000
$ 69,500
405 -400- 0000 -6215
Adoption of plans and specifications
No
DATE: June 9,
Andres Santamaria, Director of Public Works
REVIEWED BY:
Mary Strenn, City M ger DATE:
�'63
20030617 —(R) Adoption of Plans and Specifcations for work in Fire Station No. 1 and the Police Drr�,te /�
U tF • �uildinp � �
C
BACKGROUND & DISCUSSION:
This project will refurbish the kitchen and dining room area in Fire Station No. 1. It will
provide for removal and replacement of all obsolete cabinets,
appliances
fixtures. Anew design layout will be utilized for more efficient use of these rooms.
fi res.
efficient uof and plumbing
The project will also provide for the installation of new floor tiles and carpeting in the
kitchen, dining and lounge areas at Fire Station One.
flooring will be removed and new tile installed in the kitchen and lounge area. New carpet
will be installed in the fire fighter's lounge area. Existing ceramic the and vinyl
($9,500)
Currently, one (1) HVAC unit controls eight (8) dorms in Fire Station One and one (1)
HVAC unit's controls two (2) offices in the Police Department Building. The systems are
not effective nor energy efficient. The temperature is unbalanced since the controls are
located in one area. The rezoning will provide a control interface with total temperature
zone control for Fire Station One and the Police Department Building. ($25,000)
The front office at Fire Station one has a solarium - style, glass roof that is sloped. The roof
allows direct exposure to sunlight and a significant amount of heat builds up during the day.
This project will help maximize energy
tinting will shield the building from the un and help reduce the demand for cooling. The
furnishings and
lunchroom door is also part of the solarium -st le,p
replaced since it is in code violation. y glass roof and must be removed and
($7,000)
20030617 — (q) Adop0on Of Plans and SpeofiWione for vmh, in Fire Station No. 1 and the Police Department guiltlinp
EL SEGUNDO CITY COUNCIL MEETING DATE: June 17, 2003
AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action regarding the adoption of plans and specifications for the
installation of permanent exterior electrical lights to provide lighting of the City Hall Plaza.
(Estimated cost = $9,500)
RECOMMENDED COUNCIL ACTION:
Recommendation — (1) Adopt plans and specifications; (2) Authorize staff to solicit proposals
from firms that specialize in the installation of permanent exterior electrical lights; and (3)
Alternately discuss and take other action related to this item.
BACKGROUND & DISCUSSION
Currently, temporary lighting on the Police Department building and City Hall roofs provides
lighting for the City Hall Plaza. This project will replace the existing temporary lighting and
provide permanent fixtures. The lighting will be used for special events such as the Christmas
tree lighting event.
ATTACHED SUPPORTING DOCUMENTS:
None.
FISCAL IMPACT:
Operating Budget: $459,000
Amount Requested: $ 9,500
Account Number: 405 - 400 - 0000 -6215
Project Phase: Adoption of plans and specifications
Appropriation Required: No
ORIGINATED BY:
DATE: June 9, 2003
Andres Santamaria, Director of Public Works
REVIEWED BY:
DATE:
Strenn,
4VV3
20030617 - Adoption of Plans and specifications for Installation of Exterior Electrical Lights for City Hall Plaza 13
062
EL SEGUNDO CITY COUNCIL
AGENDA ITEM STATEMENT MEETING DATE: June 17, 2003
AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action regarding the adoption of plans and specifications for the
replacement and repair of steel caps and wall panels of the Maintenance Facility storage bins.
(Estimated cost = $20,000)
RECOMMENDED COUNCIL ACTION:
Recommendation — (1) Adopt plans and specifications; (2) Authorize staff to solicit proposals
for the replacement and repair of steel caps and wall panels; and (3) Alternatively discuss and
take other action related to this item.
BACKGROUND & DISCUSSION
The Maintenance Facility storage bins were installed twenty -five (25) years ago. The walls
are cracked and damaged. This project will cover the damaged areas with steel to provide
protection.
Currently, another Maintenance Facility bin project is installing roof coverings over the bins
to provide proper storage material protection in case or rain.
ATTACHED SUPPORTING DOCUMENTS:
None.
FISCAL IMPACT:
Operating Budget:
Amount Requested:
Account Number:
Project Phase:
Appropriation Required
$459,000
$ 20,000
405 -400- 0000 -6215
Adoption of plans and specifications
No
UKIUINATED BY:
DATE: June 9,
Q�
Andres Santamaria, Director of Public Works
REVIEWED BY:
DATE:
Mary Strenn, City nager
2003061] — Adoption of Plans and . SpaOft afona for Replacement and Repair of Steel Caps and Wall Panels of the Maintenance Facility Storage Bins ,. Ff r!
V
EL SEGUNDO CITY COUNCIL
AGENDA ITEM STATEMENT
MEETING DATE: June 17, 2003
AGENDA HEADING: Consent Agenda
Consideration and possible action regarding the purchase of a chemical control system for the
Urho Saari Swim Stadium. (Estimated cost = $7,000).
RECOMMENDED COUNCIL ACTION:
Recommendation — (1) Authorize staff to advertise the chemical control system purchase for
receipt of bids; (2) Authorize the City Manager to execute the purchase; and (3) Alternatively
discuss and take other action related to this item.
8
The current chemical control system at the Urho Saari Swim Stadium is over 20 years old.
This project will provide a new chlorination system. The new system will replace the old high
Pressure gas chlorine system with a dry chlorination system approved by the Fire Department
and the appropriate State agencies.
ATTACHED SUPPORTING DOCUMENTS:
None.
FISCAL IMPACT:
Operating Budget:
Amount Requested:
Account Number:
Project Phase:
Appropriation Required:
$459,000
$ 7,000
405 - 400 - 0000 -6215
Adoption of plans and specifications
No
DATE: June 9,
Andres Santamaria, Director of Public Works
REVIEWED BY:
DATE:
i��
Mary Str inn, City anager '900.3
20030603 — Purchase of a Chaft,al Contra) System for the Umo Saari Swim Sled= 15
064
EL SEGUNDO CITY COUNCIL MEETING DATE: June 17, 2003
AGENDA ITEM STATEMENT AGENDAHEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action awarding contract to Tony's Painting, for the Park Vista
Senior Housing Exterior Painting (615 East Holly Avenue) - Project No. PW 03 -05 —
Annroved Park Vista Ooeratinci Budqet - (Fiscal Impact = $90,300).
COUNCIL ACTION:
Recommendation — (1) Reject the low bidder, Newton Painting, and award contract to the
lowest responsible bidder, Tony's Painting, in the amount of $82,300; (2) Authorize the
City Manager to execute the contract on behalf of the City; (3) Authorize $8,000
construction contingencies; and (4) Alternatively discuss and take other action related to
this item.
BACKGROUND & DISCUSSION:
The current Park Vista Operations Plan includes a project to paint the exterior of the Park
Vista Senior Housing Building. The facility's exterior surface is approximately 50,000
square feet and has not been painted since Park Vista was originally constructed in August
1987. The project includes power washing the exterior of the building and sealing cracks
and other visible deficiencies before painting.
After advertising the project for receipt of construction bids, the City Clerk on May 27, 2003
received and opened six (6) bids. The low bidder, Newton Painting, has requested that
their bid be withdrawn from consideration, due to an error in bidding the NPDES
requirements portion of the bid (letter attached). The second low bidder, Tony's Painting,
has favorable references and has successfully completed similar work.
Staff recommends award of contract to the lowest responsible bidder, Tony's Painting.
The total cost of this project, including costs for the construction contingencies, is $90,300.
ATTACHED SUPPORTING DOCUMENTS:
1. Bid results.
2. Location map.
3. Newton Painting's letter of bid withdrawal.
FISCAL IMPACT:
Capital Improvement Program:
Amount Requested:
Account Number:
Project Phase:
Park Vista Senior Housing
$90,300
N/A
Award of contract
Appropriation Required: No
ORIGINATED BY: DATE: June 9, 2003
stems -�.
Andres Santamaria, Director of Public Works
REVIEWED BY: DATE:
Mary Strenn, City Man _ er a 0
20030617 - A"M Contract to Tony's Painting for Park Vista Senior Housing F tenor Painting - PW 0305
u0
BID RESULTS
(Total of base bid and three alternate bids)
Newton Painting (withdrawn) $ 66,000.00
Tony's Painting $ 82,300.00
Southwest Coatings, Inc. $ 92,000.00
Astro Painting Company $107,650.00
Fix Painting Company $185,000.00
Colarossi Painting Company (non - responsive; two
alternate bids and
addendum missing)
200306W —Award Contract to Tony's Painting for Park Vista Senior Housing Exterior Painting — PW 03 -05 066
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Newton Painting
871 Summerland Avenue
San Pedro, CA 90731
June 3, 2003
Paul Bowan
City of El Segundo
Public Works Department
150 Illinois Street
El Segundo, CA 90245
RE: Project No. PW 0305, Park Vista Senior Housing Exterior Painting
This letter is a follow up to our letter of May 29, 2003. We believe it is necessary
to drop our bid for the above referenced project because the company's
estimator miscalculated the expense related to the NPDES requirements and
regulations for storm water discharge as noted in Addendum No. 1.
Thank you in advance for your consideration in this matter
Very truly yours,
` � C✓�J,.I,R. `�,..- ft n C� l \t r L 1] f,.Y Z f ..-ita C
Py�Darzentas for Angelos Darzentas
Newton Painting
067-14
EL SEGUNDO CITY COUNCIL MEETING DATE: June 17, 2003
AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action regarding approval to publish a Request for Proposal for
professional services to provide test data for eight (8) wastewater pump stations for the
purpose of evaluating flows and planning maintenance. (Estimated cost = $7,000).
RECOMMENDED COUNCIL ACTION:
Recommendation — (1) Authorize staff to solicit proposals from firms that specialize in
providing testing data for wastewater pump stations; and (2) Alternatively discuss and take
other action related to this item.
BACKGROUND & DISCUSSION
The City of Los Angeles Hyperion Treatment Plant provides wastewater treatment services for
the City of El Segundo. The cost of services is based on the amount of wastewater delivered.
Recent upgrades to many of the City's wastewater pump stations have changed the efficiency
of the pumps. Testing the wastewater pump station flow volumes will ensure that the City
accurately reports the amount of wastewater treated by the City of Los Angeles.
ATTACHED SUPPORTING DOCUMENTS:
None.
FISCAL IMPACT:
Operating Budget: $23,000
Amount Requested: $ 7,000
Account Number: 001 - 400 - 4301 -6214
Project Phase: Adoption of plans and specifications
Appropriation Required: No
ORIGINATED BY: DATE: June 9, 2003
Andres Santamaria, Director of Public Works
REVIEWED BY: DATE: `
Strenn, City
17
20030617 — Request for Proposal to Provide Test Data for 8 Wastewater Pump Stations for Evaluating Flows and Planning Maintenance
Ubo
EL SEGUNDO CITY COUNCIL
AGENDA ITEM STATEMENT
AGENDA DESCRIPTION:
MEETING DATE: June 17, 2003
AGENDA HEADING: Consent Agenda
Consideration and possible action awarding contract to Roy Allan Slurry Seal for 2002 -2003
Slurry Seal of various streets — Project No. PW 03 -06 — Approved Capital Improvement
Program — (Fiscal Impact $150,000).
RECOMMENDED COUNCIL ACTION:
Recommendation — (1) Award contract to the lowest responsible bidder, Roy Allan Slurry
Seal, in the amount of $123,466.54; (2) Authorize the City Manager to execute the contract
on behalf of the City; (3) Authorize $26,533.46 for construction contingencies; and (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. Bid results
2. Map of slurry seal area where some streets will have work done on them.
FISCAL IMPACT:
Capital Improvement Program: $150,000
Amount Requested: $150,000
Account Number: 106 - 400 - 8203 -8357
Project Phase: Award of contract
Appropriation Required: No
....�..rr...r cu o r:
Andres Santamaria, Director of Public Works
Strenn,
DATE:
June 9, 2003
6,G4J
18
20030617 —Award Contract to Roy Allan Slurry Seal for 2003 -2003 Slurry Seal — PW 03 -06
J69
BACKGROUND AND DISCUSSION
On May 6, 2003, the City Council adopted plans and specifications for the 2002 -2003 Slurry
Seal Project and authorized staff to advertise the project for receipt of construction bids.
The project involves the application of a very thin asphalt slurry coating on the pavement to
seal it from moisture intrusion, thereby extending its useful life and to prevent a more
expensive repair in the future. The streets being slurry sealed are in the commercial area
bounded by Sepulveda Boulevard, Imperial Highway, Aviation Boulevard and Rosecrans
Avenue as shown on the enclosed map.
Based on the bid opening on June 3, 2003, staff recommends award of contract to the lowest
responsible bidder, Roy Allan Slurry Seal. The total cost of this project, including costs for
construction contingencies, is $150,000.
20030617 —Award Contract to Roy Allan Slurry Seal for 2003 -2003 Slurry Seal — PW 03 -06
i7U
CITY OF EL SEGUNDO
BID OPENING
2002 -2003 SLURRY SEAL
PROJECT NO. PW 03 -06
NAME OF COMPANY
BID
Roy Allan Slurry Seal Inc.
$123,466.54
Pavement Coatings Company
$129,411.94
Doug Martin Contracting Company
$135,586.60
American Asphalt South, Inc.
$146,492.80
California Pavement Maintenance
$151,514.24
Sudhakar Company International
$153,110.00
20030617 - Alyard Contract to Roy Allan Slurry Seal for 2003 -2003 Slurry Seal - PW 03 4)6
NwY. CENTURY(I -105) FWY.
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EL SEGUNDO CITY COUNCIL
AGENDA ITEM STATEMENT
MEETING DATE: June 17, 2003
AGENDA HEADING: Consent Agenda
Consideration and possible action for the purchase of two 2 ), eight (8) inch single jet type
water meters on a single source basis from Metron - Farnier LLC for a water manifold
(
located at the Chevron Refinery — (estimated cost = (g 1 ,:) onn,
recommendation — (1) Approve the purchase of two (2), eight (8) inch single jet water
type meters on a single source basis from Metron - Farnier LLC;
(2) Authorize the City
Manager to execute the purchase; and (3) Alternatively discuss and take other action
related to this item.
uue to the increased use of recycled water at the Chevron Refinery, the volume Of Potable
water consumed has reduced considerably.
has seven 7 Y The existing manifold at the Chevron Refinery
( ), eight (8) inch turbine meters that have a minimum flow range of twenty (20)
gallons per minute. The proposed single jet meter has a minimum flow range of six (6)
gallons per minute. Installing the pair of single jet meters and closing the valves on the
other five (5) meter settings will provide flow capabilities consistent with the current needs
and will more accurately account for water used during low flow conditions resulting in
increased revenues.
The proposed singlejet meter requires no maintenance and carries the industry's
(5) Year flange to flange warranty. Metron - Farnier LLC is the supplier for this particular
type of single jet meter. only five
ATTACHED SUPPORTING DOCUMENTS:
None.
Operating Budget: $12,627,100
Amount Requested:
Account Number: $ 12,000
Project Phase: 501- 102- 0000 -0806
Appropriation Required: Nuorchase of equipment
D
Andres Santamara Director of Publirk�"~ '4 TE: June 10,
REVIEwFn o7
DATE: —�
T Strenn, City Ma r / 1
20030617 _ purchase of Iwo (2), eight (B) Inch single jet type water meters (single source from Met 9
ro - Ferrier LLC for water rrlenifold Iowte f at the Chevron Refinery
u73
EL SEGUNDO CITY COUNCIL
AGENDA ITEM STATEMENT
MEETING DATE: June 17, 2003
AGENDA HEADING: Consent Agenda
Consideration and possible action to adopt a resolution to set aside a portion of City -owned
property for Douglas Street roadway purposes — (No Fiscal Impact).
Recommendation — (1) Adopt resolution; (2) Alternatively discuss and take other action
related to this item.
8
The City owns an approximately 1.73 acre property at 630 South Douglas Street. This
Property had been acquired in 1968 by the City to provide for the extension of Douglas
Street, south of Alaska Avenue.
The Los Angeles County Department of Public Works has been retained by the City as its
right -of -way agent to acquire and certify the right -of -way needed for the roadway
construction. The County has requested that the City Council adopt the enclosed
resolution to formalize the designation of this City -owned property for Douglas Street
roadway purposes.
Resolution with legal description and location map.
FISCAL IMPACT: Dedication of City -owned property for public street purposes.
Capital Improvement Program:
Amount Requested:
Account Number:
Project Phase:
Appropriation Required: No
DATE: June 9,
Andres Santamaria, Director of Public Works
Strenn, City Mae ger jam/
Ydj
20030617 - Adopt Resolution to Set Aside a Portion of City -owned Property for Douglas Street Project 20
U74
RESOLUTION NO.
A RESOLUTION DEDICATING PUBLIC PROPERTY FOR A
PUBLIC STREET TO FACILITATE THE DOUGLAS STREET
IMPROVEMENT PROJECT.
BE IT RESOLVED by the Council of the City of El Segundo as follows:
SECTION 1 • The City Council finds as follows:
A. The City owns real property described in attached Exhibit "A" and
depicted on attached Exhibit `B," which are both incorporated by
reference (the "Property ");
B. The Property is needed for development in connection with the Douglas
Street improvement project;
C. It is in the public interest to dedicate the Property for street purposes.
SECTION 2• Pursuant to Government Code § 37359, the City Council dedicates the
Property for public street purposes as part of the Douglas Street improvement project.
SECTION 3 • 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 4• This Resolution will become effective immediately upon adoption and
will remain effective unless repealed or superseded.
PASSED AND ADOPTED this _ day of
---__, 2003.
Mike Gordon,
Mayor
Page 1 of
F
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO
1, Cindy Mortesen, City Clerk of the City of El Segundo, California, hereby certify that the
whole number of members
Resolution No. of the City Council of the City is five; that the foregoing
was duly passed and adopted by said City Council
signed by the Mayor of said Cit and attested to b the Ci approved and
regular meeting of said Council held on the y Clerk of said City, all at a
the same was so passed and adopted by the following roll call vote: 2003, and
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Cindy Mortesen,
City Clerk
APPROVED O
Mark D. He y,
By:
Karl H. Berger
Assistant City I
Page 2 of 2
076
M02D6854
File with: DOUGLAS STREET (2)
Gap Closure /Grade Separation
A.P.N. 4138- 010 -900
T.G. 732 (J3)
I.M. 069 -157
Fourth District
LEGAL DESCRIPTION
PARCEL NO. 2 -2RE:
That portion of Lot 22, Tract No. 26557, as shown on map recorded in Book 675, pages 95
through 98, inclusive, of Maps, in the office of the Recorder of the County of Los Angeles,
within the following described boundaries:
Beginning at the most northerly corner of said lot; thence South 62 023'46" East, along the
northeasterly line of said lot, a distance of 4.23 feet to a point, said point being the
beginning of a non - tangent curve concave easterly and having a radius of 414.15 feet, a
radial of said curve to said point bears North 75 023'44" West; thence southerly, along said
curve, through a central angle of 4 023'34 ", an arc distance of 31.75 feet to a point, said
last- mentioned point being the beginning of a non - tangent curve concave easterly and
having a radius of 291.00 feet, a radial of said curve to said last- mentioned point bears
North 75 036'44" West; thence southerly, along said last- mentioned curve, through a central
angle of 25 003'44" an arc distance of 127.29 feet; thence non - tangent to said last -
mentioned curve, South 22 029'23" East 34.57 feet to the beginning of a tangent curve
concave northeasterly and having a radius of 350.00 feet; thence southeasterly, along said
last- mentioned curve, through a central angle of 22 014'12 ", an arc distance of 135.84 feet;
thence tangent to said last- mentioned curve South 44 043'35" East 37.91 feet; thence South
21 °33'56" East 9.78 feet to a point in the southeasterly line of said lot, said last- mentioned
point being distant North 42 °30'32" East 37.97 feet, along said southeasterly line, from the
most southerly corner of said lot; thence southwesterly, along said southeasterly line, to
said most southerly comer; thence North 47 °29'18" West, along the southwesterly line of
said lot, a distance of 219.51 feet to a point, said last- mentioned point being the beginning
of a non - tangent curve concave easterly and having a radius of 350.00 feet, a radial of said
last- mentioned curve to said last- mentioned point bears South 75 019'58" West; thence
northerly, along said last- mentioned curve, through a central angle of 9 007'29 ", an arc
distance of 55.74 feet; thence tangent to said last- mentioned curve North 5 °32'33" West
24.00 feet; thence North 41 °12'07" West4.22 feet to the curved northwesterly boundary of
said lot; thence northeasterly, along said northwesterly boundary, to the point of beginning.
Sheet 1 of 2
077
it
Fx 14 7131 T
Containing: 21,323± square feet.
To be known as DOUGLAS STREET.
APPROVED AS TO DESCRIPTION
�, an"X 29 , 2pc3
COUNTY OF LOS ANGELES
B j9G �0- --
CADASTRAL ENGINEER E
Mapping and Property Management Division
Sheet 2 of 2
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EL SEGUNDO CITY COUNCIL
AGENDA ITEM STATEMENT
AGENDA DESCRIPTION:
MEETING DATE: .tune 17, 2003
AGENDA HEADING: New Business
Consideration and possible action regarding adopting an ordinance and resolution to
implement an Administrative Citation Program as related to violations of the City's National
Pollution Discharge Elimination System ( NPDES) permit.
RECOMMENDED COUNCIL ACTION:
(1) Waive first reading and introduce an ordinance implementing an Administrative
Citation Program enforcing the NPDES requirements;
(2) Alternatively, discuss and take other action related to this item.
BACKGROUND & DISCUSSION:
The City is responsible for protecting and enhancing the water quality of the surrounding
water bodies in a manner consistent with the 1987 Clean Water Act and the associated
NPDES permit. El Segundo Ordinance Nos. 1348 and 1357 (ESMC §§ 5 -4 -1 to 5 -4 -13,
Storm Water and Urban Runoff Pollution Control) prohibit the discharge of unpermitted
non -storm water into the storm drain system or the disposal of any material (including
sediment) in the public right -of -way. Both ordinances require that properties (including
construction sites) be maintained in a manner whereby debris, hazardous materials,
machinery and equipment are stored in areas not susceptible to runoff. The City of El
Segundo can be assessed fines for not implementing or enforcing the NPDES permit and
standards.
(Continued on next page)
ATTACHED SUPPORTING DOCUMENTS:
EXHIBIT A. (Draft) Ordinance No. — Adopting Administrative Citation Program
EXHIBIT B. Resolution No._
EXHIBIT C. Citation Fee Comparison
FISCAL IMPACT:
Capital Improvement Program: N/A
Amount Requested:
N/A
Account Number:
N/A
Project Phase:
N/A
Appropriation Required:
—YES X NO
U80 21
BACKGROUND & DISCUSSION
Staff proposes an ordinance to implement an Administrative Citation Program (Exhibit A) to
assist in the enforcement of Chapter 4 of Title 5 to the ESMC. The program will authorize
staff from the Fire Department, Public Works Department, and Community Economic, and
Development Services Department to issue citations with a monetary fine to individuals
that violate the storm water regulations.
Staff recommends the following fee structure for a citation issued (Exhibit B):
➢ First Violation: Staff may issue a warning citation or a citation with a fine not
exceeding one hundred dollars ($100.00);
➢ Second Violation: Staff may issue a citation with a fine not exceeding two
hundred fifty dollars ($250.00);
➢ Third Violation: Staff may issue a citation with a fine not exceeding five
hundred dollars ($500.00).
Each day that a violation continues constitutes a new violation. The ordinance allows staff
the option to either issue a warning or a monetary fine for the first violation. This will give
staff the opportunity to educate the public on the regulations governing storm water
pollution. Violations that occur beyond the third offense will be sent to the City Attorney's
office for legal action. The fines recommended are on average with other cities with similar
programs (Exhibit C).
The program will help ensure violations are kept to a minimum. Approval of the resolution
will be subject to approval of the ordinance at the July 1, 2003 City Council meeting.
Administrative citations are in addition to all other legal remedies, criminal or civil, which the
City may pursue to address any violation of this code.
PAPlanning & Building SafetySjurjis \Staff Reports Part 2\Admin Citation Program \Staff report for adoption of Aministrative Citation Program.doc Q
O
ORDINANCE NO.
AN ORDINANCE ADDING A NEW CHAPTER 2A TO TITLE
1 OF THE EL SEGUNDO MUNICIPAL CODE
ESTABLISHING AN ADMINISTRATIVE CITATION
PROCEDURE TO IMPOSE ADMINISTRATIVE FINES FOR
CERTAIN VIOLATIONS OF THE EL SEGUNDO
MUNICIPAL CODE.
The Council of the City of El Segundo does ordain as follows:
SECTION 1: A new Chapter 2A, entitled "Administrative Citations" and containing §§ 1 -2A -10
to 1 -2A -270, is added to the El Segundo Municipal Code to read as follows:
"CHAPTER 2A
ADMINISTRATIVE CITATIONS
1- 2A -10.
Purpose.
1- 2A -20.
Applicability.
1- 2A -30.
Definitions.
1- 2A -40.
Notices.
1- 2A -50.
Administrative citations.
1- 2A -60.
Amount of administrative fines.
1- 2A -70.
Payment of administrative fines.
1- 2A -80.
Delinquent administrative fines - penalties and interest.
1- 2A -90.
Issuance of permits.
1 -2A -100.
Compliance orders.
1 -2A -110.
Correction of violation.
1 -2A -120.
Initial administrative review - Request.
1 -2A -130.
Initial administrative review - Procedure.
1 -2A -140.
Initial Administrative Review - Decision.
1 -2A -150.
Request for administrative hearing.
1 -2A -160.
Advance deposit - Hardship waiver.
1 -2A -170.
Hearing officer.
1 -2A -180.
Hearing date.
1 -2A -190.
Conduct of hearings.
1 -2A -200.
Hearing officer's decision.
1 -2A -210.
Disposition of administrative fines.
1 -2A -220.
Right to Judicial Review.
1 -2A -230.
Recovery of Administrative Citation Fines and Costs.
1 -2A -240.
Lien Procedure.
1 -2A -250.
Recording a Lien.
1
0 8;?
1 -2A -260. Administrative fee.
1 -2A -270. Satisfaction of Lien.
ARTICLE 1— GENERAL PROVISIONS
1- 2A -10. PURPOSE.
This chapter is adopted pursuant to the city's police powers and Government Code § 53069.4
for the purpose of making any violations of El Segundo Municipal Code §§ 5 -4 -1 to 5 -4 -13
(entitled "Storm Water and Urban Runoff Pollution Control") subject to an administrative
fine and to set forth the procedures for the imposition and collection of such fines.
1- 2A -20. APPLICABILITY.
This chapter provides for administrative citations that are in addition to all other legal
remedies, criminal or civil, which the city may pursue to address violations of the Storm
Water Code. The use of this chapter is at the sole discretion of the code enforcement officer.
1- 2A -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. "Citee" means the person(s) to whom a code enforcement officer issued an
administrative citation pursuant to this chapter.
B. "Code enforcement officer" means city employees from the Public Works
Department, Community and Economic Development Department, or Fire
Department with the authority to enforce this code.
C. "Storm Water Code" means §§ 5 -4 -1 to 5 -4 -13 of the El Segundo Municipal Code
and any federal, state, or local regulation enforced by and through the Storm
Water Code including, without limitation, pertinent provisions of Titles 13 and 15
of this Code.
1- 2A -40. NOTICES.
Unless otherwise provided, all notices and citations required by this chapter must be served
on citee via personal service or first -class mail, postage prepaid, to citee's last known
address. Service is effective when personally served or when deposited into the United States
mail. The individual serving a citee with notice must complete a declaration of service.
Failure to receive any notice does not affect the validity of the proceedings conducted under
() 8
this chapter.
ARTICLE 2 — ADMINISTRATIVE CITATIONS
1- 2A -50. ADMINISTRATIVE CITATIONS.
A. Issuing an administrative citation pursuant to this chapter is in lieu of any criminal
citation that could have been issued for the same violation. The issuance of the
administrative citation does not, however, prevent the issuance of a criminal
citation for a subsequent violation of the same nature.
B. Contents of administrative citation. Each administrative citation must contain the
following information:
The date of the violation;
2. The address or a definite description of the geographic location where the
violation occurred or is occurring;
The section of this code that was violated;
4. A description of the conditions causing the code violation;
The amount of the administrative fine for the code violation;
A description of the fine payment process, including a description of the
time within which, and the place where, the fine must be paid;
An order prohibiting the continued or repeated occurrence of the code
violation described in the administrative citation;
8. Notification that payment of a fine under this chapter does not excuse or
discharge any continued or repeated occurrence of the code violation that
is the subject of the administrative citation;
9. A description of the administrative citation review process, including the
time within which the administrative citation may be contested and the
manner in which a request for review of the citation may be requested; and
10. The name of the citing code enforcement officer.
C. Service and Filing of administrative citations. The code enforcement officer must
serve the original citation on the person cited in the manner set forth in this
084
chapter and forward a copy of the administrative citation to the city clerk.
1- 2A -60. AMOUNT OF ADMINISTRATIVE FINES.
The amounts of the administrative fines imposed for code violations under this chapter will
be established by city council resolution. That resolution must also set forth any increased
fines for repeat violations of the same code provision by the same person within twelve (12)
months from the date of a previous administrative citation.
1- 2A -70. PAYMENT OF ADMINISTRATIVE FINES.
An administrative fine must be paid to the city within thirty (30) days from the date of the
administrative citation or, if a request for an initial administrative review is submitted, within
fifteen (15) days after the date of the notice of the conclusions of that initial administrative
review, whichever is later.
1- 2A -80. 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 (1%) per month, exclusive of penalties, from the due
date.
1- 2A -90. ISSUANCE OF PERMITS.
Should a code enforcement officer issue a citation because the citee lacks a required permit
and the fine is delinquent, the city will not issue a permit until the delinquent fine, and any
applicable penalties and interest, is paid.
1 -2A -100. COMPLIANCE ORDERS.
Before issuing an administrative citation for any violation of building, plumbing, electrical,
or similar regulation set forth in this code or incorporated by reference, or any violation of
Title 15 of this code, the code enforcement officer must first issue a written compliance order
to the person(s) responsible for the violation unless the violation constitutes an immediate
threat to public health or safety. The code enforcement officer may, but is not required to,
issue a compliance order for any violation of the Storm Water Code. Any compliance order
issued by a code enforcement officer must contain all of the following:
A. The date on which, and geographic location where, the violation was observed;
0
t) 8 5
B. The section of this code violated;
C. A description of the conditions causing the code violation;
D. Actions required to correct the violation;
E. A reasonable time period for the correction of the violation;
F. Notice that if the violation is not corrected by the date specified in the compliance
order, that an administrative citation may be issued and administrative fines
imposed for failure to correct violations by the date specified.
1 -2A -110. CORRECTION OF VIOLATION.
No further action is required if the code enforcement officer determines that all violations in
the compliance order were cured. If the code enforcement officer determines that all
violations were not corrected within the time specified, an administrative citation may be
issued to each person named in the compliance order as a responsible person.
ARTICLE 3 - ADMINISTRATIVE REVIEW AND HEARINGS
1 -2A -120. INITIAL ADMINISTRATIVE REVIEW - REQUEST.
Citees may request an initial administrative review of the citation within twenty (20) days of
its issuance. This request must be made in writing to the city clerk and set forth with
particularity the reasons the citee believes a violation did not occur or that the citee was not
responsible for the violation(s); must include a copy of the citation; and contain the address
to which the conclusions of the city's review should be mailed. A request for an initial
administrative review is a mandatory prerequisite to a request for an administrative hearing.
1 -2A -130. INITIAL ADMINISTRATIVE REVIEW - PROCEDURE.
The city clerk will forward initial administrative review requests to the following persons
(collectively identified as "reviewing officer "):
A. To the community and economic development director if the code enforcement
officer issuing the administrative citation is an employee within the community
and economic development department;
B. To the fire chief if the code enforcement officer issuing the administrative citation
is an employee within the fire department; or
086
C. To the public works director if the code enforcement officer issuing the
administrative citation is an employee within the public works department.
1 -2A -140. INITIAL ADMINISTRATIVE REVIEW — DECISION.
A. Upon receiving these requests from the clerk, the reviewing officer will review the
requests and provide the clerk with a written notification that:
The citation should be vacated because there was no violation, or the citee
was not responsible for the violation, and setting forth the basis for that
conclusion;
2. The citation should not be vacated because no justification could be found;
B. The city clerk's office should mail a copy of the notification to the citee at the
address on the request for initial administrative review along with notice
establishing the fine due date and the procedure for requesting an administrative
hearing.
C. The reviewing officer should complete his/her review within ten (10) days of
receiving the citee's request.
ARTICLE 4 — ADMINISTRATIVE HEARING PROCEDURES
1 -2A -150. REQUEST FOR ADMINISTRATIVE HEARING.
Any citee dissatisfied with the conclusions of an initial administrative review may contest
that citation by requesting an administrative hearing. A citee must request an administrative
hearing within fifteen (15) days after the date the city served the citee with notice of the
administrative review decision. Requests must be submitted to the city clerk's office and be
accompanied by an advance deposit of the fine or a request for a hardship waiver.
1 -2A -160. ADVANCE DEPOSIT - HARDSHIP WAIVER.
A. Citees financially unable to make an advance deposit of the administrative fine,
may file for a hardship waiver. The request for a hardship waiver must be filed
with the city clerk's office on a form containing information that may be required
by the city clerk. The city clerk will review the request and determine whether a
waiver is justified. A waiver may only be approved if the request for waiver is
accompanied by a sworn affidavit, together with any supporting documents or
materials, demonstrating that the citee's actual financial inability to deposit the
full amount of the fine.
'� 8
B. The city clerk will inform the citee in writing regarding whether the city clerk
approved the waiver. This determination must be served upon the citee by mail at
the address provided in the waiver application. The city clerk's determination is
final.
C. Should the clerk determine that a waiver is unjustified, the citee must deposit the
fine amount with the city not later than ten (10) days after the date of that
decision. Failure to make a deposit within ten (10) days after waiver denial is
deemed a waiver of the citee's right to an administrative hearing and the
administrative fine will be deemed delinquent.
1 -2A -170. HEARING OFFICER.
The city manager designates the hearing officer for the administrative citation hearing.
1 -2A -180. HEARING DATE.
After receiving a timely hearing request and deposit, or waiver, of the fine amount, the city
clerk sets an administrative hearing on a date not less than fifteen (15) nor more than sixty
(60) days from the date the hearing is requested. Written notice of the date, time and location
of the administrative hearing must be provided to the citee at least fifteen (15) days before the
hearing date.
1 -2A -190. CONDUCT OF HEARINGS.
A. Evidentiary Rules. The administrative citation is prima facie evidence of the
respective facts contained in the citation. Both the citee and code enforcement
officer have the opportunity to testify and present additional evidence concerning
the administrative citation. Evidence may include, without limitation, witness
testimony, documents, or other similar evidence. Evidence sought to be
introduced is not limited to any legal rules of evidence except for the rule that it
must be relevant and material to the issues of whether the violation alleged in the
citation occurred and whether the citee was responsible for the violation.
B. Waiver of Personal Appearance at Hearing. In lieu of personally appearing at an
administrative hearing, the citee may request that the hearing officer decide the
matter based on the citation itself and any other documentary evidence submitted
by the citee or code enforcement officer before the hearing date.
C. Failure to Appear at Hearing. Failure of a citee to appear at the hearing is deemed
a waiver of the right to be personally present at the hearing. The hearing officer
must then decide the matter based upon the citation itself, any documentary
evidence previously submitted, and any additional evidence that may be presented
o8s
at the hearing by the code enforcement officer.
D. Attendance of Code Enforcement Officer. The code enforcement officer who
issued the administrative citation may, but is not required to, attend the
administrative hearing. If the code enforcement officer does not attend, the code
enforcement officer may, before the hearing date, submit reports, photos or other
documentation regarding the violation to the hearing officer for consideration at
the hearing.
E. Continuation of Hearings. The hearing officer may continue any hearing and
request additional information from the code enforcement officer or citee before
issuing a written decision.
1 -2A -200. HEARING OFFICER'S DECISION.
A. The hearing officer must issue a written decision to uphold or set aside the
administrative citation and present the reasons for that decision.
B. The city clerk must send a copy of the hearing officer's decision to the citee with
notice of the citee's right to appeal the decision in Superior Court.
C. The hearing officer's decision is the city's final action on the matter. There is no
right to an appeal other than as provided in this chapter. The hearing officer's
decision is final as of the date of the decision.
1 -2A -210. DISPOSITION OF ADMINISTRATIVE FINES
A. Should the hearing officer uphold the administrative citation, then the city can
retain the deposited fine amount.
B. Should the hearing officer vacate the administrative citation, then the city must
promptly refund the amount of the deposited fine, if any.
C. Should the hearing officer uphold the administrative citation and a hardship
waiver was previously granted, the due date for paying the administrative fine will
be thirty (30) days from the date of the notice of the hearing officer's decision.
D. The city may use all legal means to collect any past due fines, including penalties
and interest, should a citee fail to pay in a timely manner.
1 -2A -220. RIGHT TO JUDICIAL REVIEW.
A. A citee may appeal the hearing officer's decision by filing an appeal with the
08:)
Superior Court pursuant to Government Code § 53069.4, or any successor statute,
within twenty (20) days from service of the hearing officer's decision.
B. Should the citee file a timely appeal with the Superior Court, the requirement to
pay the fine is suspended and the payment of the fine, if any, will be in accordance
with the Superior Court decision.
ARTICLE 5 — COLLECTION AND LIEN PROCEDURES
1 -2A -230. RECOVERY OF ADMINISTRATIVE CITATION FINES AND COSTS.
In addition to any other legal remedy, the city may place a lien on property owned by the citee
in an amount equal to the sum of the fines delinquent for more than (90) days, plus penalties
and interest. Imposition of a lien must stem from a citation for the condition or use of real
property, or its improvements, that is owned by the citee.
1 -2A -240. LIEN PROCEDURE
A. The city manager, or designee, may initiate proceedings to record a lien
conforming with this article if the decision is not appealed.
B. Before recording the lien, the city manager, or designee, must submit a report to
the city clerk stating the amounts due and owing.
C. The city clerk will fix a time, date, and place for the city council to consider the
report and any protests or objections to it.
D. The city clerk must serve the citee with a hearing notice not less than ten (10) days
before the hearing date. The notice must set forth the amount of the delinquent
administrative fine, and any penalties and interest that is due. Notice must be
delivered first -class mail, postage prepaid, addressed to each citee's address as it
appears on the last equalized assessment roll or supplemental roll of the County of
Los Angeles, whichever is more current. Service by mail is effective on the date
of mailing and failure of citee to actually receive notice does not affect its validity.
E. At the conclusion of the hearing, the city council will adopt a resolution
confirming, discharging, or modifying the lien amount.
1 -2A -250. RECORDING ALIEN.
Within thirty (30) days following the city council's adoption of a resolution imposing a lien,
the city clerk will file same as a judgment lien in the Los Angeles County Recorder's Office.
090
1 -2A -260. ADMINISTRATIVE FEE.
Each citee against whose property an assessment is levied pursuant to this chapter will also
be assessed an administrative fee in an amount established by city council resolution based on
the costs incurred in levying the assessment. The administrative fee will be included in the
lien amount approved by the city council and recorded against the citee's property.
1 -2A -270. SATISFACTION OF LIEN.
Once the city receives full payment for outstanding principal, penalties, and costs, the city
clerk will either record a notice of satisfaction or provide the citee with a notice of
satisfaction for recordation at the Los Angeles County Recorder's Office. This notice of
satisfaction will cancel the city's lien."
SECTION 4: If any part of this Ordinance or its application is deemed invalid by a court of
competent jurisdiction, the city council intends that such invalidity will not affect the effectiveness of
the remaining provisions or applications and, to this end, the provisions of this Ordinance are
severable.
SECTION 5: 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 6: This Ordinance will become effective on the thirty -first (31st) day following its
passage and adoption.
[1(1
091
PASSED AND ADOPTED this day of , 2003.
Mike Gordon, Mayor
ATTEST:
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO )
I, Cindy Mortesen, City Clerk of the City of El Segundo, California, do hereby certify that the whole
number of members of the City Council of said City is five; that the foregoing Ordinance No.
was duly introduced by said City Council at a regular meeting held on the day of
, 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
APPROVED
Mark D. Hen
ED
Karl H. Berger
Assistant City.
11
RESOLUTION NO. -
A RESOLUTION ADOPTING A FINE SCHEDULE PURSUANT
TO EL SEGUNDO MUNICIPAL CODE SECTION 1- 2A -60.
The City Council of the city of El Segundo does resolve as follows:
SECTION 1: The City Council finds and declares as follows:
A. At its regular meeting on , the City Council adopted Ordinance
No. ( "Citation Ordinance ") which adds Chapter 2A, entitled
"Administrative Citations" and consisting of §§ 1 -2A -10 to 1 -2A -270, to
Title 1 of the El Segundo Municipal Code ( "ESMC ") and allows City
enforcement officers to issue administrative citations for ESMC
violations;
B. The Citation Ordinance allows fine amounts to be adopted by City
Council resolution;
C. This Resolution is adopted pursuant to ESMC § 1 -2A -60 and Government
Code § 53069.4(a)(1).
SECTION 2: The fine amounts (collectively, "fines ") attached as Exhibit "A" to this
Resolution are adopted as the City's fine schedule for purposes of imposing fines
pursuant to Chapter 2A of the ESMC.
SECTION 3: The effective date for the fines coincide with the effective date of the
Citation Ordinance.
SECTION 4: To the extent any provision of this Resolution is incompatible with or at
variance with any prior adopted resolution, the provisions of this Resolution take
precedence, and all previous resolutions will be interpreted to harmonize with and not
change the provisions of this Resolution.
SECTION 5: This Resolution is effective immediately upon adoption.
PASSED AND ADOPTED this _ day of 2003.
Mike Gordon,
Mayor
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO )
I, Cindy Mortesen, City Clerk of the City of El Segundo, California, hereby certify that
the whole number of members of the City Council of the City is five; that the foregoing
Resolution No. was duly passed and adopted by said City Council, approved
and signed by the Mayor of said City, and attested to by the City Clerk of said City, all at
a regular meeting of said Council held on the day of 2002,
and the same was so passed and adopted by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST
Cindy Mortesen,
City Clerk
APPROVED AS
Mark D. Henn
By: 21 1'/
Karl H. B
Assistant
-2-
f)a.;
EXHIBIT A
FINE SCHEDULE FOR ADMINISTRATIVE CITATIONS
A. Except as otherwise provided, violations of the ESMC for which administrative
citations are issued will have fines imposed as follows:
1. A fine not exceeding one hundred dollars ($100.00) for the first
violation;
2. A fine not exceeding two hundred dollars ($200.00) for a second
violation of the same provision within one year;
3. A fine not exceeding five hundred ($500.00) for each additional
violation of the same provision within one year of the first violation.
f)9 -5
-3-
City of Redondo Beach
City of Santa Monica
City of West Hollywood
City of San Jose
City of Oxnard
City of San Buenavetura
EXHIBIT C
CITATION FEE COMPARISON
$10,000 per day through court, mostly 2 hour minimum
inspection fee equating to $100.
$500 per Day
First citation is $150,
Second citation is $250,
Third citation is $450.
Citation is $250 and can go up to $2500
First citation is $100,
Second citation is $200,
Third citation is $500.
First citation is $150,
Second citation is $250,
Third citation is $500.
IC) fj
WE NEED THE COUNCIL TO BE PROACTIVE
INCENTIVES TO FINISH EARLY EVEN IF THAT MEANS
RENEGOTIATING THE CONTRACT
OR WORK BOTH ENDS OF THE STREET TO THE MIDDLE
HELP IN ESTABLISHING A COLLECTIVE DELIVERY SERVICE
"CAN'T GET TO US LET US GET TO YOU ALL SERVICES FOOD
DRY CLEANING ECT"
COUNCIL MEMBERS USE YOUR INFLUENCE WITH LOCAL
BUSINESSES TO DRUM UP BUSINESS
BASH IN THE PARK OR BLOCK PARTIES ANYTHING TO GET
PEOPLE THINKING ABOUT THE BUSINESSES IN DOWNTOWN
NOW IS NOT THE TIME FOR SMALL BUSINESS TO TRY TO
ADV INDIVIDUALLY
FUNDS FOR BUSINESS NO INTEREST LOANS
LETTING THE PUBLIC KNOW WHERE THERE IS PARKING
PLEASE CHERVONM
REVAMP THE AD GOING INTO THE HERALD WEEKLY
DON'T SAY WHAT BEEN DONE FOR THE WEEK (WE ALL
KNOW SOME WEEKS THAT IS NOTHING)
INSTEAD COME SEE WHAT WE ARE DOINGM
GLASS %2 FULL NOT % EMPTY
PUT A FLYER IN THE LIMELIGHT ENCOURAGING BUSINESS
PEOPLE TO COME DOWN TOWN
OR WORK WITH THE CHAMBER OF COMMERCE
4
~i Hector Beltran
WASHINGTON SCHOOL
San Gabriel, C.N.W.
1963 -64
MR. JOHN COKELEY
Principal
MRS.ADAM
Grade 2
Fli,ida, Pam tai dulre y rabmra
mds que la fruls del rnmdo jean.
CARCJL SO
o ✓u s aa, 5C�i�p7
// //rw G1S UsY�/yi4 Ln�
if
EL ESPEJO INDISCRErT�O
ANTE$ de ser una realidad, los Estados Unidos fucron pars
mf una imagen. No es extrano: desde ninos los me-it-nos
vemos a ese pals como al ona. Un afro que es inseparable
de nosotros y que, al mismo tiempo, es radical y esencial-
mente el extrano. En el norte de M6xico Is expresi6n "el
onto lido" designs a los Estados Unidos. El otro [ado es
ge,grlfico: la frontera; cultural: ,tra civilizaci6n; ling6fs-
tico: oars. Iengua; hist6rico: otro tiempo (Jos Estados Uni-
dos corren detr5s del futuro mientras que nosotros todavfa
estamos atados a nuestro pasado); metaf6rico: son la ima-
gen de todo to que no somos. Son la extraineza misma. S6,
lo que estamos condenados a vivir con esa cxtraficza: el
oun lado es el lad, connguo. Los Estados Unidos estin
siempre presentes crate nosotros, incluso cuando nos ig-
noran o nos dan la espalda: so sombra cobra todo el comi-
nente. Es la sombra de on gigante. La idea que tenemos
de ese gigante es in misma que aparece en los cuentos 1
Ins leyendas. Un grandul6n gencroso y un porn simple
on ingenuo que ignora so fuerza y al que se puede cogs
oar pero cuya c6lec-a puede destruirtu s. A la imagen dt
gigante bueno y bobalic6n se yuxtapone la del ciclope at
into y sanguinario. imagen infantil y licenciosa: el ogr
dev,rador de ninos de Perrault y el ogro de Sade, Minsl
en cuyas orgfas los libertines comen humeantes plains d
carne humana sobre Jos cuerpos chamuscados que lea si:
ven de mesas y sillas. San Crist6bal y Polifemo. Tambi6
Prometeo; el fuego de la industria y el de Is guerra. L
dos caras del Progreso: el autom6vil y la bomba.
413
R
TO ALL SMALL
BUSINESS OWNERS
IF YOU HAVE CONCERNS FOR
YOUR BUSINESS THERE IS A
CITY
COUNCIL METTING TONIGHT
BE THERE AT 70-30
WITH YOUR CONCERNS AND
SOLUTIONS
WE NEED MORE PEOPLE
NOW
IN DOWNTOWN EL SEGUNDO
THINK HOW WE CAN BRING
THEM IN OR GET YOUR
SERVICES TO THEM
T
