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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 i � tk" DATE: Ihton, Library Director June 5, 2003 BY: 2 J16 w w w m a O a LL O f 2 O OLL 2� O N r W � ))O IN- t� � {{rvyy $uoo��ppi m ^`u� mnn �omaR'i `�rvngrvn''f'� Wa � NNmY01� {yr M�^�+p �ypWOm ^mmYryryl 3 m mPOlm N ^(yN ° w z LL W ° w ds � LL z V J Q W 00 z°¢400F0LL LLU4 � <Q°zw FFF QFQ m �2y rccwiiz�i J 2 W W y¢ KF�S LLIJi ¢ UH m j 0j ZSioC ° ?LLiJ.Saai V ¢ O pJp z (J W LL�gLLF<Ujm¢C¢NaFKJO� mpQ6W �LLav� orc °rc��oQO �LLVa�J�O�gWgWF � o��da°a�axx��c+a °S�:3 u4 �i�3rc0u'lo m N w p� O W i s s` a �y 5 m C z�'mw o z, 090 0, O LL w f J hU 8 Z 8 s 5 F s g s� 3 S ¢ � n N� I Y _ W z w E 2 7 a og W Z y0 Y U w U D C 9 °n E S Fps 0 F� p n O 6U s a ym� U OI pl �I 0 W N se §E $ U o 0 E z o � n�Q�5yy5 n SEE CSCS qu b C uEi �y��o w a5 w O ¢ w S p p 31 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 W O W H z a U y O J n t A1NnO0 S313ONV SOl �•A M! 3NWOH1MVH d0 A110 00310 NVS V LL V a a H z U N NOIIVIM nala Z U a W m Z a r a s z v0anlnus � I Nva I Ills 4 O I 3X11 1 1nMl1N „ Y11132NI" M' I Nlv1 U I 311vN 3111,11 I 13Nn11 LY A3NNnmi UN 3MORTIG M A P nl z w J LL X67 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. __ it BOundory 6 5 _ _ HWY �® M 7 > IMPE AL HWY. 7 _�_ < a' y '; W N 5 CA l � � �� a� H ¢ WAY W _ = e�r�. 'tW000 ¢ 117 Ih J�� 4vE o Av < 1 = 118 jp < VJ _ = U I¢ ( I � r1e Lh r _ avE. 1 �a� J E�LM -AVE. I4 1 1I 7 Z 119 jh �— �1 l.atJ U 1< I 1 J AVE. 1 1 9 jh i � ooaa w J � c 12p L : > W C m 122 _d �� ❑� ® m 123 rd 88 J O 4 �� 123 rd AVE. II ❑� GRAND < AVE. 124 ul < o �j ui ❑aoa XEAO ENTER DA. = O i < avE ( �= W o 1 OLVD. 12 TEL SE6UND0 U SLVD. 7 8 to ° 'A H 0 v+ a /n '~^ 13 i 18 �, 18 17 a 3 < _ ` z o < j C < Z C N t9 y , J < W C p p < 2 < 1 2 Z ! i Z > W J w J = 57 -)ZMTS FO�Z ! �. /' B V a0 7 O V Z O �.1 Y 3 SLURRY SEAL ��'y O V CHAPMAN WAY u 3 3 •t►rt REFINERY ¢ v NUG�ES e° 135 M St. f C V! U) W < 7 O M In J '�. / f v 130 1.0. St. Yf Q� F ? F J 9'�`a� o ZY F- N Gl > N South CitY 80undary 13 18 �'r < p = .. -- = a 3 o AVE. I 17 i��nnnnn�19 - -- -- -- -- 19 O i W W W vi > W W W W '• �P w O �7 0 v z Q J = m= C F 7 V � J =� 2 i Y d Y, ? < ° j �' TOTAL P.01 2 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 2 078 V H V W U N U) v y U Q M 4 ti ti Ln T " LO w N m ° W LLj CL U Q 0�a EL N m ti d 000 3 J a O� m U W W 2 X 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