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2004 JUNE 01 CC PACKETAGENDA EL SEGUNDO CITY COUNCIL COUNCIL CHAMBERS - 350 Main Street The City Council, with certain statutory exceptions, can only take action upon properly posted and listed agenda items. Unless otherwise noted in the Agenda, the Public can only comment on City - related business that is within the jurisdiction of the City Council and /or items listed on the Agenda during the Public Communications portion of the Meeting. During the first Public Communications portion of the Agenda, comments are limited to those items appearing on the Agenda. During the second Public Communications portion of the Agenda, comments may be made regarding any matter within the jurisdiction of the City Council. Additionally, the Public can comment on any Public Hearing item on the Agenda during the Public Hearing portion of such item. The time limit for comments is five (5) minutes per person. Before speaking to the City Council, please come to the podium and state: Your name and residence and the organization you represent, if desired. Please respect the time limits. Members of the Public may place items on the second Public Communications portion of the Agenda by submitting a Written Request to the City Clerk or City Manager's Office at least six days prior to the City Council Meeting (by 2:00 p.m. the prior Tuesday). Other members of the public may comment on these items only during this second Public Communications portion of the Agenda. The request must include a brief general description of the business to be transacted or discussed at the meeting. Playing of video tapes or use of visual aids may be permitted during meetings if they are submitted to the City Clerk two (2) working days prior to the meeting and they do not exceed five (5) minutes in length. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact City Clerk, 524 -2305. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, JUNE 1, 2004 — 5:00 P.M. Next Resolution # 4380 Next Ordinance # 1376 5:00 P.M. SESSION CALL TO ORDER ROLL CALL NEW BUSINESS 1. Appointment of Labor Negotiators. Recommend action to appoint the City Manager, Mary Strenn and Bruce Barsook of Liebert Cassidy Whitmore as the City's Labor Negotiators for the Police Support Services. 2. Appointment of Labor Negotiators. Recommend action to appoint the City Manager, Mary Strenn and Bruce Barsook of Liebert Cassidy Whitmore as the City's Labor Negotiators for City Employees Association. 3. Interviews of applicants for the Planning Commission (continuation of interviews from 3:00 p.m. Special Meeting conducted in the West Garden Conference Room). 00 1 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)) — 2 matters 1. Flynn v. City of El Segundo LASC No. YC046253 2. Bressi v. city of El Segundo, LASC Nos. BC2888292 and BC2888293 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): -1- matter. DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957) —o matter CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957.6) — 3 matters Labor Negotiators: Mary Strenn, City Manager, and Bruce Barsook of Liebert Cassidy Whitmore Represented Bargaining Units: Police Support Services, City Employees Association and El Segundo Firefighters Association CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8): 0 matter SPECIAL MATTERS — None 002 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 1, 2004 — 7:00 P.M. 7:00 P.M. SESSION CALL TO ORDER INVOCATION — Pastor Jeannie Kuhn of the Community of Christ PLEDGE OF ALLEGIANCE — Council Member Carl Jacobson PRESENTATIONS — ROLL CALL Next Resolution # 4380 Next Ordinance # 1376 003 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 Recommendation — Approval. B. SPECIAL ORDERS OF BUSINESS C. UNFINISHED BUSINESS Consideration and possible action to reject all bids, receive direction from Council regarding proceeding with the Community Center project and approval of Change Order No. 4 of $25,000 to LPA for design revision services on the said project. (Fiscal Impact $25,000). Recommendation — (1) Reject all bids; (2) Authorize staff to place the project "on hold" and return to City Council in 24 months for further direction; (3) Authorize staff to complete the removal of lead based paint around the window frames in the existing clubhouse; (4) Approve Change Order No. 4 of $25,000 to the original purchase order (no additional appropriations required) for LPA; (5) Alternatively, discuss and take other action related to this item. Consideration and possible action regarding the purchase of a 20,100 square foot property at 616 West Imperial Avenue owned by the El Segundo Unified School District pursuant to California Government Code Section 54222 and California Education Code Sections 17464(a) and 65402(c). Recommendation — (1) Direct staff to notify the El Segundo Unified School District (ESUSD) that the City will not attempt to purchase the 20,100 square foot property at 616 West Imperial Avenue at a cost of approximately $2 million (includes a non- refundable deposit and closing costs); (2) Alternatively, discuss and take other action related to this item. 004 4 3. Consideration and possible action adopting a Resolution to approve the golf course refunding /refinancing bond documents, with a total refunding amount not to exceed $3,435,000, approve the final fees (financial advisor, bond counsel, escrow agent, title insurance, and other incidental expenses) associated with the refunding /refinancing of the golf course bonds at a total cost of $63,000; and authorize staff to complete the financing. Recommendation — (1) Adopt Resolution approving the golf course refinancing /refunding bonds with La Salle Bank with a total refinancing amount not to exceed $3,435,000; (2) Approve the final fees associated with the refunding /refinancing of $63,000 (financial advisor, bond counsel, escrow agent, title insurance, and other incidental expenses); (3) Authorize staff to complete the financing; (4) Alternatively, discuss and take other action related to this item. D. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS 4. Consideration and possible action regarding the appointment of candidates to the Planning Commission, and extension of the terms on the Recreation & Parks Commission, Library Board of Trustees, and Senior Citizen Housing Corporation Board. Recommendation — (1) Extend the terms on the Recreation & Parks Commissions, Library Board of Trustees, and Senior Citizen Housing Corporation Board until interviews are held and appointments are made; (2) Announce the Planning Commission appointees and their terms; (3) Alternatively, discuss and take other action related to this item. 5. Consideration and possible action regarding amending the El Segundo Municipal Code (ESMC) to add Chapter 4 to Title 10 "Skateboard Parks ", for purposes of adopting regulations respecting the City's Skateboard Park. Recommendation — (1) Approve Recreation and Parks Commissions' changes to the regulations respecting the City's Skateboard Park; (2) Introduction of the Ordinance and waive first reading; (3) Schedule second reading and adoption of Ordinance on June 15, 2004; (4) Alternatively, discuss and take other action related to this item. 5 C)vtf A 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. 6. Warrant Numbers 2540810 to 2541083 on Register No. 16 in the total amount of $1,156,745.03 and Wire Transfers from 5/07/2004 through 5/20/2004 in the total amount of $1,067,393.83 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. 7. City Council Meeting Minutes of June 1, 2004. Recommendation — Approval. 8. Consideration and possible action regarding the re- appointment of private sector business representative from the City of El Segundo, Denise DiPasquale, to the South Bay Workforce Investment Board (SBWIB). Recommendation — (1) Approve the re- appointment of Denise DiPasquale, member of the El Segundo Chamber of Commerce, to Seat #10 of the SBWIB; (2) Request City Clerk to forward a certified copy of the Council's action to the SBWIB; (3) Alternatively, discuss and take other action related to this item. 9. Consideration and possible action regarding a status report on the update to the Circulation Element of the General Plan. Recommendation — (1) Receive and file status report for Circulation Element update; (2) Alternatively, discuss and take other action related to this item. 10. Consideration and possible action regarding approval of a Professional Services Agreement with Bruce Barsook of Liebert Cassidy Whitmore, to provide legal services pertaining to labor negotiations with the City Employees Association and the Police Support Services Employees Association. Recommendation — (1) Authorize the City Manager to execute a professional services agreement on behalf of the City; (2) Alternatively, discuss and take other action related to this item. 6 005 11. Consideration and possible action regarding adoption of an Ordinance to approve an amendment to contract between the Board of Administration of the California Public Employees Retirement System (CaIPERS) and the El Segundo City Council providing 4th level of 1959 Survivor Benefits for the members of the El Segundo Firefighters Association. Recommendation — (1) Second reading by title only and adoption of Ordinance; (2) Alternatively, discuss and take other action related to this item. 12. Consideration and possible action regarding award of contract to Tekton Building and Construction Group for the City Library Interior Modifications (111 West Mariposa Avenue) — Project No. PW 03 -09 - Approved Capital Improvement. (Fiscal Impact $163,800). Recommendation — (1) Award contract to Tekton Building and Construction Group, in the amount of $163,800; (2) Authorize the City Manager to execute the contract on behalf of the City in a form approved by the City Attorney; (3) Alternatively, discuss and take other action related to this item. 13. Consideration and possible action regarding acceptance of the rehabilitation project of El Segundo Boulevard, between Nash Street and Sepulveda Boulevard — Approved Capital Improvement Program — Project No. PW 03 -17 (Final Project Cost $70,950.90). Recommendation — (1) Accept the work as complete; (2) Authorize the City Clerk to file the City Engineer's Notice of Completion in the County Recorder's Office; (3) Alternatively, discuss and take other action related to this item. 14. Consideration and possible action regarding approval of a piggyback lease on County of Los Angeles Contract # 41386 for the lease of one Oce Printing Systems USA, Inc. copier /printer for a period of 60- months for the Police Department's Records Division. The yearly lease amount is $14,000 and the five -year lease amount shall not exceed $70,050 including equipment, maintenance, impression costs and supplies. Recommendation — (1) Recommend that City Council approve and authorize the City Manager to execute an amendment to the City's Master Frequent Copy Rental Agreement between the City and Oce Printing Systems, Inc. by adding one Oce VP 2070 copier /printer piggybacking on County of Los Angeles Contract # 41386; (2) Waive the formal bidding process pursuant to El Segundo Municipal Code 1 -7 -10; (3) Alternatively, discuss and take other action related to this item. 006 15. Consideration and possible action to adopt a Resolution supporting the joint League of California Cities and California State Association of Counties' policy statement to decrease the impacts from wildland and urban interface fires. (Fiscal Impact — None) Recommendation — (1) Adopt Resolution; (2) Alternatively, discuss and take other action related to this item. 16. Consideration and possible action to award contract increase to Kimberly Shultz from $14,100 to $30,000 on Contract No. 3251 to provide services as the Head Coach for the Youth Swim Team for the Recreation and Parks Department. (Fiscal Impact $15,900) Recommendation — (1) Award contract increase to Kimberly Shultz in the amount of $15,900 for a total value, not to exceed $30,000; (2) Authorize the City Manager to execute a Contract Amendment; (3) Alternatively, discuss and take other action related to this item. CALL ITEMS FROM CONSENT AGENDA F. NEW BUSINESS 17. Consideration and possible action to award a Professional Services Agreement with Pinkerton Government Services, Inc. to perform annual High Rise Inspection Services. Contract costs to be offset from collected high rise inspection fees, adopted in Resolution 4270. (Fiscal Impact $10,350 in new costs and related Fire Prevention costs to be offset by revenue fees of $63,000). Recommendation — (1) Award Professional Services Agreement contract to the most responsible bidder, Pinkerton Government Services, Inc., in the amount of $10,350; (2) Authorize the City Manager to execute a Professional Services Agreement in a form approved by the City Attorney; (3) Authorize the City Manager to execute four additional one -year extensions for a total of five, one -year contracts; (4) Authorize the creation of a revenue account number to track fees received; (5) Alternatively, discuss and take other action related to this item. 18. Consideration and possible action to approve a Fire Department Mutual Apparatus (FireEngines /Ladder Trucks /Rescues, etc.) and Equipment Loan Agreement between the cities of El Segundo, Redondo Beach, Hermosa Beach and Manhattan Beach. (Fiscal Impact —None). Recommendation — (1) Approve and authorize the Fire Department Mutual Apparatus and Equipment Loan Agreement; (2) Authorize the Mayor to sign the Agreement; (3) Alternatively, discuss and take other action related to this item. 8 007 G. REPORTS — CITY MANAGER — NONE H. REPORTS — CITY ATTORNEY — NONE REPORTS —CITY CLERK — NONE REPORTS — CITY TREASURER — NONE K. REPORTS — CITY COUNCIL MEMBERS Council Member Boulgarides — Council Member Busch — Council Member Jacobson — Mayor Pro Tern Gaines — Mayor McDowell — PUBLIC COMMUNICATIONS — (Related to City Business Only — 5 minute limit per person, 30 minute limit total) Individuals who have receive value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so identify themselves prior to addressing the City Council. Failure to do so shall be a misdemeanor and punishable by a fine of $250. While all comments are welcome, the Brown Act does not allow Council to take action on any item not on the agenda. The Council will respond to comments after Public Communications is closed. MEMORIALS — CLOSED SESSION The City Council may move into a closed session pursuant to applicable law, including the Brown Act (Government Code Section §54960, 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: -f/4- fe/O 4 TIME: �: O `J'a , ✓Ism. NAME: 9 008 EL SEGUNDO CITY COUNCIL MEETING DATE: June 1, 2004 AGENDA ITEM STATEMENT AGENDA HEADING: Unfinished Business AGENDA DESCRIPTION: Consideration and possible action to reject all bids, receive direction from Council regarding proceeding with the Community Center project and approval of Change Order No. 4 of $25,000 to LPA for design revision services on the said project. (Fiscal Impact: $25,000) RECOMMENDED COUNCIL ACTION: 1) Reject all bids; 2) Authorize staff to place the project "on hold" and return to City Council in 24 months for further direction; 3) Authorize staff to complete the removal of lead based paint around the window frames in the existing clubhouse; 4) Approve Change Order No. 4 of $25,000 to the original purchase order (no additional appropriations required) for LPA; and /or, 5) Alternatively, discuss and take other action related to this item. BACKGROUND & DISCUSSION: On February 17, 2004 the City Council rejected the first round of bids and authorized staff to readvertise the Community Center project for receipt of new bids with an expected bid opening date of April 20, 2004. Staff was also authorized to make cost reductions to the project to increase the possibility of bids within budget. (Continued on next page) ATTACHED SUPPORTING DOCUMENTS: 1) January 27, 2004 Bid List; 2) April 20, 2004 Bid List FISCAL IMPACT: Capital Improvement: $7,138,400 (includes funding in FY 2002 -2003 $500,000) Amount Requested: $25,000 Account Number: 301 - 400 - 8202 -8490 Project Phase: N/A Appropriation Required: —Yes X No ORIGINATED BY: DATE: S / e /p c� J mes ansen, Director of Community, Economic and Development Services -iil DATE: /yy Mary S nn, City Manager u U i BACKGROUND & DISCUSSION (cont) BID STRATEGY Before the plans were put out for the second round of bids, staff focused on the following reductions: reduce the scope of the item or place the item on an alternate list (an alternate list allows the City to obtain a price on an item without committing to purchasing the item). The reductions included: 1. Landscape, except for trees, to be eliminated from bid package and planted by city staff; 2. Kitchen equipment to be eliminated and installed at a later time; 3. Exterior hardscape, but not the playgrounds, to be placed as an alternate; 4. Electrical system to be reduced to the essentials needed with upgrades and extras as an alternate; 5. Interior offices along with ceiling grid to be placed as an alternate; 6. Internet network to be reduced to the essentials needed with upgrades and extras as an alternate; 7. Interior finishes and mill work (cabinets and counters) to be reduced to the essentials needed with upgrades as an alternate; 8. Plumbing fixtures and systems to be reduced to the essentials needed with extras as an alternate; 9. Possible reduction of Mechanical HVAC system to the essentials needed with upgrades and extras as an alternate; 10. Possible reduction of acoustical properties, seating, curtains, and dressing rooms in the Presentation Hall to the essentials needed with extras as an alternate; 11. Possible reduction of structural properties to the essential needed, without affecting structural strength and maintaining building code requirements; and, 12. Possible reduction of materials used for the stairs and guardrails. BID RESULTS All second round bids received on April 20, 2004 were higher than expected, even though a number of elements of the project (12 items above) were placed on the alternate list. The lowest base bid was $7,124,900. This is a 3% increase from the previous lowest base bid of $6,900,000 from last January. The lowest base bid plus the cost of the alternate was $7,650,400. This is a 7% increase from the previous bid in January or $7,139,950. This cost increase is primarily due to the rising cost of construction materials. Specifically, the price of steel has risen dramatically over the last 12 months due to China's growth and increasing worldwide demand. Therefore, staff recommends that the project be placed "on hold" for 24 months so that material prices can stabilize and additional funds can be appropriated to the project, if necessary. Staff will then seek authorization to complete the work, subject to the outcome of another bid process and available funding. 0 1 0 EXISTING CLUBHOUSE Staff surveyed the existing clubhouse for presence of asbestos and /or lead in December, 2003. The survey identified asbestos in the existing flooring, on the roof, and in the putty around the windows. There are traces of lead in the ceramic tile, porcelain sinks in the restroom, and paint around the window frames. At a minimum, before classes are moved back to the existing clubhouse, staff recommends to remove the lead paint around the window frames. The cost of this work would be less than $20,000. DESIGN For the new plans to reflect the cost reduction changes, discussed earlier, the project architect LPA incurred additional costs. Specifically, the changes made to the project required additional services of the structural engineer, electrical engineer, mechanical engineer, and project architects. Therefore, an additional $25,000 is requested to cover the cost of these services. plb� City of El Segundo Bid Opening PW No. 03 -16 El Segundo Community Center Date of Bid Opening: January 27, 2004 Time of Bid Opening: 11:00 A.M. Place of Bid Opening: City Clerk's Office 1. Perera Construction &Design (n_, Q00,000 pO a3T� 4 SC'co 2890 Inland Empire Blvd., #102 Ontario, CA 91764 2. EMMA Corp. 9 11 50, owoo a Q�/ r5 106 , 0 0 3. Atek Construction 6 19301Do0,0D 10,11000, 0"' 4. Comet Electric r7;r7(Y],0oo.0o a93)'000.00 5. Bemards Bros. 11 i a t 9, 000 �0 a 661 D0() 1 0 0 Pa 7. Staff Present: F_ Q�YU✓� , City Clerk's Department Bidfo" 20D3 City Clerk's Department Rec Park CEDS PW 011 Date of Bid Opening: Time of Bid Opening: Place of Bid Opening: 19 Q Ml 4. Mallcraft, Inc City of El Segundo Bid Opening PW No. 03 -16 El Segundo Community Center April 20, 2004 11:00 A.M. City Clerk's Office Sinanian Development, Inc. Royal Constructon Corp. EMMA.Corporation r Staff Present: ��"'� �'/ City Clerk's Department City Clerk's Department Rec Park FS o CEDS PW Bidfonn 2003 "12 13.31 mod.° —V- z76 fler-Dv� �. 37a, Z7ZI "� * 4,5111 FO Staff Present: ��"'� �'/ City Clerk's Department City Clerk's Department Rec Park FS o CEDS PW Bidfonn 2003 "12 EL SEGUNDO CITY COUNCIL MEETING DATE: June 1, 2004 AGENDA ITEM STATEMENT AGENDA HEADING: Unfinished Business AGENDA DESCRIPTION: Consideration and possible action regarding the purchase of a 20,100 square foot property at 616 West Imperial Avenue owned by the El Segundo Unified School District pursuant to California Government Code Section 54222 and California Education Code Sections 17464(a), and 65402(c). RECOMMENDED COUNCIL ACTION: Direct staff to notify the El Segundo Unified School District ( ESUSD) that the City will not attempt to purchase the 20,100 square foot property at 616 West Imperial Avenue at a cost of approximately $2 million (includes a nonrefundable deposit and closing costs); and /or, 2. Alternatively discuss and take other action related to this item. BACKGROUND & DISCUSSION: In early March of this year the City received notification from the ESUSD regarding the intent to sell a 20,100 square foot parcel at 616 West Imperial Avenue. On April 6, 2004, the City Council considered the item and directed staff to contact the District to discuss the possibility of purchasing the property. Negotiations pursuant to the above referenced government code sections were opened on May 5, 2004. The District representatives noted that an appraisal had been obtained in October, 2003, which established a value of $1,920,000. Under the applicable laws, the District is entitled to "fair market value" for the property. Should the City wish to purchase the property, it would also be responsible for all of the closing costs that would be in the range of $20,000 and posting a nonrefundable $50,000 deposit. (Continued on next page...) ATTACHED SUPPORTING DOCUMENTS: None FISCAL IMPACT: None Operating Budget: N/A Amount Requested: N/A Account Number: N/A Project Phase: N/A Appropriation Required:_ Yes X No Hansen, Director of Community, Economic and Development Services M 2 STAFF REPORT: June 1, 2004 Page 2 BACKGROUND & DISCUSSION: (continued from page 1) The subject property fronts on Imperial Avenue and shares its southern boundary with Acacia Park. The site is zoned R -3 and could be developed with 8 multifamily units or 12 units if the property is divided (because the properties of less than 15,000 square feet can be developed at a higher density — 18 versus 27 units per acre). Staff examined the need for additional park/open space in this portion of the City and has determined there is not a compelling reason to acquire more parkland in the foreseeable future. And, given the cost noted above, it would be extremely difficult to justify an acquisition given the limited amount of funds available at this time. Lastly, staff was unable to find a grant program available that might be utilized to assist in the purchase of the property. Should the City choose not to purchase the property, the ESUSD will notify interested private parties of their intent to sell the parcel. According to District officials, the property would most likely be auctioned in July of this year to the highest bidder. Under the applicable codes the District's use of the proceeds from the sale is restricted to capital outlay needs. P: \Planning & Building Safety\Staff Reports 2004 \EI Segundo Unified School Dist.MyCouncil 6.1.04.doc 0 14 EL SEGUNDO CITY COUNCIL MEETING DATE: June 1, 2004 AGENDA ITEM STATEMENT AGENDA HEADING: Unfinished Business AGENDA DESCRIPTION: Consideration and possible action adopting a Resolution to approve the golf course refunding /refinancing bond documents with a total refunding amount not to exceed $3,435,000, approve the final fees (financial advisor, bond counsel, escrow agent, title insurance, and other incidental expenses) associated with the refunding /refinancing of the golf course bonds at a total cost of $63,000; and authorize staff to complete the financing. RECOMMENDED COUNCIL ACTION: (1) Adopt Resolution approving the golf course refinancing /refunding bonds with La Salle Bank with a total refinancing amount not to exceed $3,435,000; (2) Approve the final fees associated with the refunding /refinancing of $63,000 (financial advisor, bond counsel, escrow agent, title insurance, and other incidental expenses); (3) Authorize staff to complete the financing; (4) Alternatively discuss and take other action related to this item BACKGROUND & DISCUSSION: On April 6, 2004, the City Council directed staff to proceed with refinancing the 1992 ABAG Golf Course Certificates of Participation. By refinancing the certificates, difficult restrictions on the current and any future management contracts would be lifted, allowing for an improved ability to negotiate the basis of compensation and term of the contract. ATTACHED SUPPORTING DOCUMENTS: Resolution authorizing the execution and delivery of a Property Lease /Purchase Agreement, Site Lease and related instruments, and determining other matters in connection therewith. FISCAL IMPACT: Operating Budget: N/A Amount Requested: $3,255,000 refinancing /refunding and $63,000 in fees Account Number: N/A Project Phase: Appropriation Required: _ Yes X No ORIGINATED BY: DATE: 144�&e S - 26 Olv Bret M. Plumlee, Director Administrative Services REVIEWED BY: DATE: S a 40ekn n , City Manager //6,�7 3 015 Background and Discussion (contd.) Since April 6, 2004, conditions in the bond market deteriorated and interest rates increased significantly. As of May 10, 2004, the previous underwriter's estimate of rates the City would have to pay in the current market place was approximately 6.9 %, which would mean a higher debt service than the City is currently paying and would not generate any proceeds to be used toward Golf Course capital improvements. On May 18, 2004, the City Council received and filed a report recommending to move forward with a private placement of the golf course financing with the firm of La Salle National Bank, which will enable the City to pay a fixed interest rate of 5.95% over the remaining term of the debt. One condition of this option is the requirement that an asset other than the Golf Course collateralize the financing. La Salle National Bank requires that the financing be collateralized with the City of El Segundo's Police Station. With a private placement financing, the total financing costs go down since La Salle National Bank does not charge service fees and the City no longer needs to obtain the services of a disclosure counsel. On April 6, 2004 the City Council approved using Fieldman, Rolapp, and Associates as the financial advisor on this transaction because of its considerable experience in the municipal bond market and the fact that it served as the City's financial advisor for the Air Force Base project. Fieldman, Rolapp, and Associates then negotiated the bond disclosure costs with Burke, Williams, and Sorensen on behalf of the City to ensure the most favorable rates. Total estimated fees of $63,000 for the financial advisor, bond counsel, escrow agent, title insurance and other incidental costs will be included in the refinancing of the bonds. The City anticipates receiving just over $450,000 in bond proceeds to be used on improvements at the Golf Course. These proceeds are generated from the elimination of the debt service reserve fund requirement. The debt service payments will remain approximately equal, while the current bond expiration date of August 2012 remains the same. The next steps in the process are for the City Council to adopt a resolution approving the financing; approve the final fees; and give staff the authority to complete the financing. 016 11 i �.Y �]_ i I I y Y C 9]m► [f ] A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO AUTHORIZING THE EXECUTION AND DELIVERY OF A PROPERTY LEASE /PURCHASE AGREEMENT, SITE LEASE AND RELATED INSTRUMENTS, AND DETERMINING OTHER MATTERS IN CONNECTION THEREWITH. WHEREAS, the City of El Segundo (the "City ") has previously financed the acquisition of various municipal facilities, consisting of the municipal golf course, a clubhouse and other standard golf course facilities (collectively, the "City Leased Property "), and has raised the necessary funds to construct the City Leased Property from the proceeds of the Certificates of Participation (ABAG XXV) dated as of August 1, 1992, the portion allocable to the City issued in the original principal amount of $5,575,000 (the "1992 Certificates "); and WHEREAS, the 1992 Certificates represent proportionate interests of the owners thereof in base rental payments to be made by the City under that certain recorded Lease Agreement dated as of August 1, 1992 (the "1992 Lease "), by and between the ABAG Finance Corporation as lessor ( "ABAG ") and the City as lessee of the City Leased Property; and WHEREAS, in connection with the 1992 Certificates, the City has previously leased the site of the City Leased Property, constituting the real property more particularly described in Exhibit B attached hereto and by this reference incorporated herein (the "Site "), to ABAG as confirmed pursuant to that certain recorded Site Lease dated as of August 1, 1992 (the "1992 Site Lease "), by and between the City as lessor and ABAG as lessee of the City Leased Property; and WHEREAS, the City has determined that it is in the City's best economic interests to refinance its obligations under the 1992 Lease at this time by providing for the current refunding of the 1992 Certificates; and WHEREAS, the City Council of the City has determined that in order to provide funds for such purpose and for the purpose of financing the costs of the construction of certain improvements on certain real property the City is proposing to enter into a Lease Agreement, dated as of June 1, 2004, by and between the LaSalle Bank National Association, as lessor and the City, as lessee (the "Lease Agreement "); and WHEREAS, the City is also proposing to enter into a Site Lease, dated as of June 1, 2004 (the "Site Lease "), by and between the City, as Site Lessor and LaSalle Bank National Association, as Site Lessee, and an Escrow Deposit and Trust Agreement, dated as of June 1, 2004 (the "Escrow Deposit and Trust Agreement "), by and between the City and U.S. Bank National Association, as Escrow Bank, substantially in the forms on file with the City Clerk of the City; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL SEGUNDO DOES HEREBY RESOLVE AS FOLLOWS: IRV #4837. 8598 -8096 v1 -1- 017 1. Recitals. The City Council of the City finds and declares that the above recitals are true and correct and incorporates them herein. 2. Approval of Lease Agreement. The City Council hereby approves the Lease Agreement in substantially the form thereof on file with the City Clerk together with any additions thereto or changes therein deemed necessary or advisable by the City Manager, and execution of the Lease Agreement shall be deemed conclusive evidence of the City Manager's approval of such additions or changes. The City Manager and City Clerk of the City or any Deputy City Clerk of the City are hereby authorized and directed to execute, attest and affix the seal of the City to the Lease Agreement for and in the name and on behalf of the City. The City Council hereby authorizes the delivery and performance of the Lease Agreement. 3. Approval of Site Lease. The City Council hereby approves the Site Lease in substantially the form thereof on file with the City Clerk together with any additions thereto or changes therein deemed necessary or advisable by the City Manager, and execution of the Site Lease shall be deemed conclusive evidence of the City Manager's approval of such additions or changes. The City Manager and City Clerk of the City or any Deputy City Clerk of the City are hereby authorized and directed to execute, attest and affix the seal of the City to the Site Lease for and in the name and on behalf of the City. The City Council hereby authorizes the delivery and performance of the Site Lease. 4. Approval of Escrow Deposit and Trust Agreement. The City Council hereby approves the Escrow Deposit and Trust Agreement in substantially the form thereof on file with the City Clerk together with any additions thereto or changes therein deemed necessary or advisable by the City Manager, and execution of the Escrow Deposit and Trust Agreement shall be deemed conclusive evidence of the City Manager's approval of such additions or changes. The City Manager and City Clerk of the City or any Deputy City Clerk of the City are hereby authorized and directed to execute, attest and affix the seal of the City to the Escrow Deposit and Trust Agreement for and in the name and on behalf of the City. The City Council hereby authorizes the delivery and performance of the Escrow Deposit and Trust Agreement. 5. Official Action. All actions heretofore taken by the officers and agents of the City with respect to the Lease Agreement, Site Lease and Escrow Deposit and Trust Agreement and the transactions contemplated thereby are hereby approved, confirmed and ratified. The Mayor, the City Manager, the Administrative Services Director, the City Attorney, the City Clerk and any and all other officers of the City are hereby authorized and directed, for and in the name and on behalf of the City, to do any and all things and take any and all actions, including execution and delivery of any and all assignments, certificates, requisitions, including requisitions for the payment of costs of issuance of the Lease Agreement, agreements, notices, consents, instruments of conveyance, warrants and other documents, which they, or any of them, may deem necessary or advisable in order to consummate the transactions contemplated under this Resolution. 6, Effective Date. This Resolution shall take effect from and after the date of approval and adoption thereof. IRV 44837.8598 -8096 v -2- 018 7. Certification. The Secretary of the Agency shall certify the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED this day of 2004. KELLY MCDOWELL, Mayor ATTEST: CINDY MORTESEN, City Clerk APPROVED AS TO FORM: MARK D. HENSLEY, City Attorney IRV #4837- 8598 -8096 VI -3- 019 STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF EL SEGUNDO I, Cindy Mortesen, City Clerk of the City of El Segundo, do hereby certify that the foregoing Resolution was duly adopted by the City Council of the City of El Segundo at a regular meeting held on the day of , 2004 by the following vote of the Council: I: MIS NOES: ABSENT: ABSTAIN: Cindy Mortesen City Clerk IRV #4837- 8598 -8096 v -4- O 2 C EL SEGUNDO CITY COUNCIL MEETING DATE: June 1, 2004 AGENDA ITEM STATEMENT AGENDA HEADING: COMMITTEES, COMMISSIONS & BOARDS AGENDA DESCRIPTION: Consideration and possible action regarding the appointment of candidates to the Planning Commission, and extension of the terms on the Recreation & Parks Commission, Library Board of Trustees, and Senior Citizen Housing Corporation Board. RECOMMENDED COUNCIL ACTION: (1) Extend the terms on the Recreation & Parks Commission, Library Board of Trustees, and Senior Citizen Housing Corporation Board until interviews are held and appointments are made. (2) Announce the Planning Commission appointees and their terms; (3) Alternatively, discuss and take other action related to this item. BACKGROUND & DISCUSSION: Committee /Commission & Board: # of Openings Appointee (s1: Term Expire(sl: Planning Commission 4 ATTACHED SUPPORTING DOCUMENTS: N/A FISCAL IMPACT: N/A ORIGINATED: 61. eLli� Jaria O. Abrel 06/30/08 06/30/08 06/30/07 06/30/05 Date: May 25, 2004 REVIEWED BY: Date: May 25, 2004 S Mary nn, City Manager 51 j? r) F_ EL SEGUNDO CITY COUNCIL MEETING DATE: June 1, 2004 AGENDA ITEM STATEMENT AGENDA HEADING: Committees, Boards And Commissions AGENDA DESCRIPTION: Consideration and possible action regarding amending the El Segundo Municipal Code (ESMC) to add Chapter 4 to Title 10 "Skateboard Parks ", for purposes of adopting regulations the City's Skateboard Park. RECOMMENDED COUNCIL ACTION: Recommendation — (1) Approve Recreation and Parks Commissions changes to the regulations respecting the City's Skateboard Park (2) Introduction of the Ordinance and waive first reading; (3) Schedule second reading and adoption of Ordinance on June 15, 2004;(4) Alternatively, discuss and take other action related to this item. & DISCUSSION: In order to obtain legal protections from liability, public entities that own and operate skateboard parks must either supervise those parks or adopt an ordinance requiring skateboarders to use safety equipment. Since it is impractical for the City to supervise its skateboard parks, it must adopt an ordinance making it unlawful for skateboarders to use the skateboard parks without protective gear. The proposed ordinance fulfills this requirement and directs that signs be posted notifying skateboarders that skateboarding is hazardous and safety equipment must be worn at the parks. California law gives the City immunity from certain types of recreational activities including, without limitation, horse riding, boating, skiing, hang gliding, kayaking, rock climbing, surfing, and whitewater rafting.'Such activities are referred to as "hazardous recreational activities." Skateboarding also falls into the definition of a hazardous recreational activity. To obtain the immunities under California law, however, the City must either supervise skateboard parks or adopt an ordinance that notifies individuals that protective gear should be worn while skateboarding. Cities must post signs notifying the pubic about this requirement and informing the public that failure to wear such safety equipment is unlawfu1.2 (Continued) ATTACHED SUPPORTING DOCUMENTS: Draft Ordinance FISCAL IMPACT: Operating Budget: NA Account Number: NA Amount Requested: NA Project Phase: Appropriation Required: _Yes _ No ORIGINATED: �-- . � DATE: May 25, 2004 Stacia Mancini, Director of Recreation and Parks REVIEWED BY DATE: Mary Strenn, CAyMa ge r /Sdy G 022 Mary Strenn, City Manager Unfortunately, this currently only protects the City from liability for injuries arising from skateboarding in skateboard parks if (2) the person skateboarding is fourteen (14) years or older; and (b) the skateboarding activity causing the injury was a "stunt, trick, or luge." 3 These limitations were imposed in 1997 by AB 1296 (Morrow) and again in 2002 by SB 994 (Morrow). In addition, the City is required to keep a record of all injuries that occur at its skateboard parks. The City can, however, seek reimbursement from the state of California since this requirement appears to be a state mandate.° This ordinance along with the attached Park Operation rules were sent by City Council to the Recreation and Parks at the February 3, 2004 City Council meeting. The Recreation and Parks Commission reviewed the ordinance and the recommended Skateboard Park Operation Rules at the May 19, 2004 meeting. The Skateboard Park Ordinance and Operations Rules were amended as follows and are being recommended back to the City Council: El Segundo Youth Skateboard Park Rules 1. Youth Skaters need to be 18 years or younger to use the El Segundo Skateboard Park, unless otherwise posted 2. Skateboards and In -line Skates only 3. No Bikes, Scooters, or Razor Scooters 4. No Tobacco Products 5. No Alcohol 6. No Food or Beverages in Skateboard Area 7. No Tagging, Stickers, or Littering 8. No Profanity, Abusive Language, or Loud Music 9. Required Safety Gear for the use of the Skateboard Park consists of Helmet, Knee Pads, Elbow Pads and Wrist Guards. Government Code 831.7 2 Health & Safety Codes 115800, 3 Health & Safety code 115800 4 See SB 994, Section 3. 023 ORDINANCE NO. AN ORDINANCE ADDING A NEW CHAPTER 4 TO TITLE 10 OF THE EL SEGUNDO MUNICIPAL CODE ENTITLED "SKATEBOARD PARKS," AND CONSISTING OF SECTIONS 10 -4 -1 TO 10 -4 -5. The city council of the city of El Segundo does ordain as follows: SECTION 1: The City Council finds and determines as follows: A. Skateboarding is a growing youth- oriented recreational activity within the city of El Segundo. In recent years, specialized forms of skateboarding have become popular. These types of activities have resulted in undesirable secondary effects including, without limitation, damage to public and private property; increased dangers for vehicle traffic traveling on public and private roads; and impediments to the free flow of pedestrians using public property and common areas; B. To help reduce these secondary effects of skateboarding, and to provide a recreational opportunity for the City's youth, the City Council approved the construction of skateboard parks within the City; C. Skateboarding is a hazardous recreational activity which frequently results in physical injury and can result in death. The City Council believes that skateboarders should assume all risk associated with their activities, without burdening the City's taxpayers with liability for personal injuries; D. Skateboarding is a hazardous recreational activity as defined by Government Code § 831.7. In order to have the immunities offered by Government Code § 831.7, however, the City must comply with Health and Safety Code § 115800; E. The City Council finds that it is impractical to regularly supervise the City's skateboard parks and therefore chooses to adopt regulations mandating the use of safety equipment; F. The City Council believes that the age and skateboard activity limitations placed on the City's immunities by AB 1296 (Morrow) in 1997 and continued by SB 994 (Morrow) in 2002 are unwarranted and should be removed at the earliest opportunity; G. It is in the public interest to adopt this ordinance for the purpose of protecting the public health, safety, and welfare. Page 1 of [CADocuments and SettingsJ1emay\Local Settings \Temporary Internet Fi1es \0LK4\Skateboard Park Protections - finatdocl May 25, 2004 024 SECTION 2: Anew Chapter 4 is added to Title 10 of the El Segundo Municipal Code ( "ESMC ") to read as follows: "Chapter 4 SKATEBOARD PARKS 10 -4 -1: PURPOSE. 10 -4 -2: DEFINITIONS. 10 -4 -3: PROTECTIVE GEAR REQUIRED. 10 -4 -4: SIGNS. 10 -4 -5: VIOLATIONS. 10 -4 -2: PURPOSE. This chapter is adopted pursuant to the city's police powers and California Health & Safety Code § 115800, and any succeeding or related statutes, for the purpose of protecting the city from claims arising from use of public skateboard parks. Skateboarding is an inherently dangerous recreational activity and persons using skateboards should do so at their own risk. 10 -4 -3: DEFINITIONS. Unless the contrary is stated or clearly appears from the context, the following definitions will govem the construction of the words and phrases used in this chapter. A. "Director" means the city of El Segundo's director of recreation and parks, or designee. B. "Skateboard Park" means city owned and operated property designated by the city council to be used for skateboarding purposes. 10 -4 -4: PROTECTIVE GEAR REQUIRED. Any person skateboarding at a skateboard park must wear protective equipment consisting of, at a minimum, a helmet, elbow pads, kneepads, and wrist guards. 10 -4 -5: SIGNS. Page 2 of 4 [CADocuments and Settings \jlemay\Local Settings \Temporary Internet Files \OLK4\Skateboard Park Protections - final.doc] May 25, 2004 025 A. The director will provide notice regarding the requirements of this chapter to individuals using the skateboard park by use of signs that state the following: "THIS SKATEBOARD PARK IS NOT SUPERVISED. SKATEBOARDING IS HAZARDOUS. THE EL SEGUNDO MUNICIPAL CODE REQUIRES PERSONS USING THIS SKATEBOARD PARK TO WEAR A HELMET, ELBOW PADS, KNEEPADS, AND WRIST GUARDS. FAILURE TO COMPLY IS UNLAWFUL." B. These signs must be posted in at least one (1) conspicuous location, be made of a durable material, and posted in a permanent manner. 10 -4 -6: VIOLATIONS. Violations of § 10 -4 -3 will be prosecuted as infractions in accord with § 1 -2 -1 of this code." SECTION 3: The City Manager, or designee, is directed to maintain a record of all known or reported injuries incurred by skateboarders in a skateboard park including, without limitation, a record of claims and lawsuits arising from any such incident in compliance with Health and Safety Code § 115800. These records must be filed with the Judicial Council not later than January 30 of each year. The City Manager, or designee, is authorized to seek reimbursement from the state of California for the cost of maintaining such records pursuant to Government Code §§ 17500, et seq. without further City Council action. 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. SECTION6: This Ordinance will become effective on the thirty -first (31st) day following its passage and adoption. Page 3 of 4 [CADocuments and Settings \jlemay \Local Settings \Temporary Internet Fi1es \0LK4 \Skateboard Park Protections - 6nal.doc] May 25, 2004 026 PASSED AND ADOPTED this _ day of , 2002. Mike Gordon, Mayor ATTEST: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I, Cindy Mortesen, City Clerk of the City of El Segundo, California, do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing Ordinance No. was duly introduced by said City Council at a regular meeting held on the day of , 2001, and was duly passed and adopted by said City Council, approved and signed by the Mayor, and attested to by the City Clerk, all at a regular meeting of said Council held on the day of 2001, and the same was so passed and adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: Cindy Mortesen, City Clerk APPROVED AS TO FORM: Mark D. Hensley, City Attorney By: Karl H. Berger Assistant City Attorney Page 4 of 4 [CADocuments and Settingslilemay \Local Settings7emporary Internet Files %OLK4 \Skateboard Park Protections - final.doc] May 25, 2004 n27 U Z S' Z_ w W N F wPo o ux ¢3 m al umi gi$ �n °e dme em iom N 'O � fV l7 m.. ... 0 c9 G O m O W -- Z¢ N Z LL LL W Z U Iml-1 Z ° LL O O LL tt p J $T w Z ZO I=- ° O °QQ °oi�LLm 6 g w °zzy i °Ili '�`urcrc1� -gom tiww Z sp (aw())wNZLLaF ZQr LL LL U d O g w I m1 1Q- N 1 w W LL 2 d° N J W K prxW��N NN>Z� �>ji d�LLZ�CU K ZLLQp 332Z Nm i u° M OU-wKJi F$ ¢ _ rc Z" w i w; ��d� ��JZy3 LLwf�m J?awmggw �LLWJO � Z w O ° rc OK w Od w Bd w N f d O ° z LL 0 w 1 m J° U f J m w o ~ $So- 5m°.----e-m m -- mAte$$e38, s°�,, O z to a S 0 A n 9 =yaw rcQ B aw UO Or Fz Q J wU z w z x J o¢_ wx p m w x U O �q E v 0 n`o 2 $ O r U v`O $ Y `u 'n 5 E u °w U w � 11 U ¢ J\ (�N �1 u w c9 -- Z¢ U n a u $ � p p $ E a u�ia °uy y uEad w o u U n C g w u $ n V m K W a z N Q. onEEc � 0 1 O O 11 LL 11 K ~ u CITY OF EL SEGUNDO PAYMENTS BY WIRE TRANSFER 5/7/2004 THROUGH 5/20/2004 Date Payee Amount Description 5/7/04 Federal Reserve Bank 150.00 Savings Bond I Series 5/7/04 Federal Reserve Bank 300.00 Savings Bond EE Series 5/10/04 West Basin 766,078.57 H2O payment 5/12/04 Health Comp 3,271.35 Weekly claims 5/7 5/12/04 PGC El Segundo LLC 33,800.00 Golf Course Payroll Transfer 5/19/04 Health Comp 1,904.89 Weekly claims 5/14 5/20/04 Employment Development 40,273.98 State Taxes 5/20/04 IRS 199,455.67 Federal Taxes 5/7- 5/20/04 Workers Comp Activity 22,159.17 SCRMA checks issued 1,067,393.83 DATE OF RATIFICATION: 6/1/04 TOTAL PAYMENTS BY WIRE: Certified as to the accuracy of the wire transfers by: . SboicLl Dep Tre rer Date � & s -L Dire`lc or of Administrative Service Date -11 s2a City Ma r Date Information on actual expenditures is available in the City Treasurer's Office of the City of El Segundo. 1,067,393.63 029 REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, MAY 18, 2004 — 5:00 P.M. 5:00 P.M. SESSION CALL TO ORDER — Mayor McDowell ROLL CALL Mayor McDowell Mayor Pro Tern Gaines Council Member Boulgarides Council Member Busch Council Member Jacobson CLOSED SESSION: - Present - Present - Present - Present - Present The City Council moved into a closed session pursuant to applicable law, including the Brown Act (Government Code Section §54960, et sue.) for the purposes of conferring with the City's Real Property Negotiator; and /or conferring with the City Attorney on potential and /or existing litigation; and /or discussing matters covered under Government Code Section §54957 (Personnel); and /or conferring with the City's Labor Negotiators; as follows: CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Gov't Code §54956.9(a)) — 2 matters Flynn v. City of El Segundo, LASC No. YC046253 Bressi v. City of El Segundo, LASC Nos. BC2888292 and BC2888293 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): -1- matter. DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957) — 0 matter CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957.6) — 0 matter CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8) — 0 matter SPECIAL MATTERS — None Council moved into open session at 6:59 P.M. 7 MINUTES OF THE REGULAR CITY COUNCIL MEETING MAY 18, 2004 PAGE NO. 1 ()30 REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, MAY 18, 2004 — 7:00 P.M. 7:00 P.M. SESSION CALL TO ORDER — Mayor McDowell INVOCATION — Fr. Jim Anguiano of St. Anthony Catholic Church PLEDGE OF ALLEGIANCE — Council Member Eric Busch PRESENTATIONS — (a) Council Member Busch presented a Proclamation by the Mayor and members of the City Council proclaiming Tuesday, May 18, 2004 as the El Segundo Junior Kings Ice Hockey Players Day in El Segundo. (b) Council Member Boulgarides presented a Proclamation by the Mayor and Members of the City Council proclaiming Thursday, May 27, 2004 as the El Segundo Concert Band Day and inviting the community to experience a performance at the Gazebo in Library Park from 6:30 p.m. until sunset, on May 27`n (c) Council Member Jacobson presented a Commendation to Bill McCaverty for his many years of service to the community as a Recreation & Parks Commissioner. (d) Mayor ProTem Gaines presented a Commendation to Mary Kobus, Deputy City Treasurer of the City of El Segundo, for her dedication to municipal service for which she has been recognized by the California Certified Municipal Treasurer's Association with the California Certified Municipal Treasurer Award. (e) Mayor McDowell presented a Commendation to Bill Wenger and Jack Kenton for their years of service to the Community as members of the LAX Advisory Committee. Clerk Mortesen announced that a draft resolution stating the City's opposition to Alternative D of the Los Angeles International Airport Master Plan was available on the table outside the Council Chambers. ROLL CALL Mayor McDowell - Present Mayor Pro Tern Gaines - Present Council Member Boulgarides - Present Council Member Busch - Present Council Member Jacobson - Present MINUTES OF THE REGULAR CITY COUNCIL MEETING MAY 18, 2004 PAGE 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. Liz Garnholz, resident, spoke regarding item C -2, MWW Group and Urban Dimensions contract extensions and the opposition to LAX Master Plan Alternative D. Karlie Day, Tree Musketeers, spoke regarding the over trimming of the trees on Grand Ave. Rachael Wilson, Tree Musketeers, spoke regarding the over trimming of the trees on Grand Ave. Nora Rouke, Tree Musketeers mentor, spoke regarding the over trimming of the trees on Grand Ave. Mike and Anthony Rotolo, residents, spoke regarding the removal of the berry vines and the over trimming of the trees on Grand Ave. Dan Erhler, Chamber of Commerce, spoke regarding a partnership with the Chamber of Commerce and the Tree Musketeers to provide assistance with item number 11. Mayor ProTem Gaines left the dais at 7:30 p.m. Juli Potter, resident, requested clarification on item C -2, and spoke regarding the trees. Cheryl Frick, resident, spoke regarding the over trimming of the trees on Grand Ave. Gail Church, Tree Musketeers, spoke regarding the over trimming of the trees on Grand Ave. A. PROCEDURAL MOTIONS Consideration of a motion to read all ordinances and resolutions on the Agenda by title only. MOVED by Council Member Jacobson, SECONDED by Council Member Busch to read all ordinances and resolutions on the Agenda by title only. MOTION PASSED BY UNANIMOUS VOICE VOTE. 4/0. MAYOR PROTEM GAINES ABSENT B. SPECIAL ORDERS OF BUSINESS C. UNFINISHED BUSINESS Consideration and possible action regarding the presentation of Fiscal Year 2003 -2004 Midyear Financial Budget Review and approval of Fiscal Year 2004 -2005 Budget Preparation Calendar. MINUTES OF THE REGULAR CITY COUNCIL MEETING MAY 18, 2004 PAGE N Bret Plumlee, Administrative Services Director and Gavin Curran, Assistant Finance Director, gave a report. MOVED by Council Member Boulgarides, SECONDED by Council Member Busch to receive and file Fiscal Year 2003 -2004 Midyear Financial presentation, direct staff to proceed with Fiscal Year 2004 -2005 Budget Calendar, and revert to a modified hiring freeze. MOTION PASSED BY UNANIMOUS VOICE VOTE. 410. MAYOR PROTEM GAINES ABSENT Presentation by City consultants regarding Los Angeles International Airport (LAX) expansion /Master Plan efforts and consideration and possible action to approve an agreement with the MWW Group and amend an existing agreement with Urban Dimensions for work related to the City's efforts regarding the LAX Master Plan. (Fiscal Impact - $45,000) Urban Dimensions and MWW Group gave presentations regarding the Los Angeles International Airport expansion /Master Plan efforts. MOVED by Council Member Busch, SECONDED by Council Member Jacobson to receive and file presentations by Urban Dimensions and the MWW Group, authorize the City Manager to execute an amendment to Agreement No. 3256 with Urban Dimensions for the remainder of Fiscal Year 2003/2004 in an amount not to exceed $40,000, authorize the City Manager to execute Agreement No. 3338 with the MWW Group for the remainder of Fiscal Year 2003/2004 in an amount not to exceed $32,000, authorize a budget transfer from General Liability Fund to Account Number 001- 400- 290 -6406 in the amount of $45,000. MOTION PASSED BY UNANIMOUS VOICE VOTE. 4/0. MAYOR PROTEM GAINES ABSENT D. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS 3. Consideration and possible action regarding a three -month contract extension for the Park Vista Senior Housing (615 E. Holly Ave.) management company for Community Housing Management Services. (Fiscal Impact — none) MOVED by Council Member Busch, SECONDED by Council Member Jacobson to approve the Community Housing Management Services Contract No. 2875 extension in a form approved by the City Attorney and authorize the City Manager to execute. MOTION PASSED BY UNANIMOUS VOICE VOTE 4/0. MAYOR PROTEM GAINES ABSENT 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 items) will be considered individually under the next heading of business. MINUTES OF THE REGULAR CITY COUNCIL MEETING MAY 18, 2004 PAGE NO. 4 033 4. Approved Warrant Numbers 2540530 to 2540809 on Register No. 15 in the total amount of $1,401,180.63 and Wire Transfers from 4/23/2004 through 5/6/2004 in the total amount of $356,320.41. Authorized staff to release. Ratified: Payroll and Employee Benefit checks; checks released early due to contracts or agreement; emergency disbursements and /or adjustments; and wire transfers. Approved City Council Meeting Minutes of May 4, 2004. 6. Authorized the City Manager to approve a one -year extension of professional services Agreement No. 2717 for auditing services with Lance, Soll & Lunghard through 2003 -2004 for $38,800, consisting of $30,800 annual audit and $8,000 in additional audit services. 7. Received and filed status report on refinancing the Golf Course bonds. 8. Awarded Contract No. 3339 to Horizon Mechanical Contractors of California, for the Installation of Chlorination System at City Pool (the "Plunge ") at 219 West Mariposa Avenue — Project No. PW 03 -14 — Approved Facilities Maintenance Program. (Fiscal Impact $34,360). Authorized the City Manager to execute the contract on behalf of the City in a form approved by the City Attorney. 9. Approved Change Order No. 1 in amount of $78,603.27, accepted the work as complete on the project for Reconstruction of Storm Water Pump Station No. 16 at 408 Eucalyptus Drive — Approved Capital Improvement Program — Project No. PW 03 -01. (Final Project Cost $1,215,031.27). Authorized the City Clerk to file the City Engineer's Notice of Completion in the County Recorder's Office. 10. Awarded a contract to Erin Murphy to provide services as the Director of Summer Adventure Camp for the Recreation and Parks Department. (Fiscal Impact $12,000). Authorized the City Manager to execute Professional Services Agreement No. 3340. MOVED by Council Member Jacobson, SECONDED by Council Member Boulgarides to approve Consent Agenda Numbers 4, 5, 6, 7, 8, 9 and 10. MOTION PASSED BY UNANIMOUS VOICE VOTE. 4/0. MAYOR PROTEM GAINES ABSENT CALL ITEMS FROM CONSENT AGENDA F. NEW BUSINESS G. REPORTS — CITY MANAGER — Encouraged the public to apply for various committee and commission openings. H. REPORTS — CITY ATTORNEY — NONE REPORTS — CITY CLERK — NONE J. REPORTS — CITY TREASURER — NONE MINUTES OF THE REGULAR CITY COUNCIL MEETING MAY 18, 2004 PAGE NO. 5 O t K. REPORTS — CITY COUNCIL MEMBERS Council Member Boulgarides — Reported on the League of California Cities Legislative Day. Council Member Busch — 11. Consideration and possible action regarding tree trimming along Grand Avenue in the City of Los Angeles. (Fiscal Impact — None) Council Member Busch stated he will be meeting with Los Angeles City Council Member Cindy Miscikowski to discuss the possibility of a shared project regarding tree maintenance on Grand Ave. and the new trees on Imperial Ave. Council Member Jacobson — Announced Super CPR class on Saturday. Mayor Pro Tern Gaines — Absent Mayor McDowell — 12. Consideration and possible action to adopt a Resolution opposing "Alternative D" of the Los Angeles International Airport (LAX) Master Plan. (Fiscal Impact — None) RESOLUTION NO. 4379 A RESOLUTION STATING THE CITY'S OPPOSITION TO "ALTERNATIVE D" OF THE LOS ANGELES INTERNATIONAL AIRPORT MASTER PLAN MOVED by Jacobson, SECONDED by Council Member Busch, to adopt Resolution No. 4379 opposing "Alternative D" of the Los Angeles International Airport (LAX) Master Plan. MOTION PASSED BY UNANIMOUS VOICE VOTE. 4/0. MAYOR PROTEM GAINES ABSENT 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. Liz Garnholz, resident, spoke regarding the MWW Group and Urban Dimensions contract. Juli Potter, resident, asked if any taxpayer dollars are being paid to Mike Gordon regarding his trip to Washington and his efforts on LAX and the Air Force Base. She also spoke regarding the washing of Police Cars, traffic around the schools, new houses in town, and LAX. Matthew Cano, Senior Class President, announced a car wash fundraiser for Nicholas Burns, at Main and Mariposa on Saturday May 22. MINUTES OF THE REGULAR CITY COUNCIL MEETING MAY 18, 2004 PAGE NO. 6 0 3: City Attorney Mark Hensley reiterated that no City Council Agendas were in violation of the Brown Act. Council Member Boulgarides requested suggestions on campaign reform be agendized for a future meeting. MEMORIALS — Adjournment in memory of Jim Stinnett, Jr. CLOSED SESSION — NONE ADJOURNMENT at 9:10 p.m. Cindy Mortesen, City Clerk MINUTES OF THE REGULAR CITY COUNCIL MEETING MAY 18, 2004 PAGE NO. 7 036 EL SEGUNDO CITY COUNCIL MEETING DATE: June 1, 2004 AGENDA ITEM STATEMENT AGENDA HEADING: Consent AGENDA DESCRIPTION: Consideration and possible action regarding the re- appointment of private sector business representative from the City of El Segundo, Denise DiPasquale, to the South Bay Workforce Investment Board (SBWIB). RECOMMENDED COUNCIL ACTION: (1) Approve the re- appointment of Denise DiPasquale, member of the El Segundo Chamber of Commerce, to Seat #10 of the SBWIB; (2) Request City Clerk to forward a certified copy of the Council's action to the SBWIB; (3) Alternatively, discuss and take other action related to this item. BACKGROUND & DISCUSSION: The South Bay Workforce Investment Board (SBWIB), f /k/a South Bay Private Industry Council ( "PIC "), provides guidance for programs administered under the Federal Workforce Investment Act, under a Joint Powers Agreement (JPA), for the eight cities of El Segundo, Gardena, Hawthorne, Hermosa Beach, Inglewood, Lawndale, Manhattan Beach and Redondo Beach. The JPA is the instrument that allows the cities to pool and utilize available federal funds. Pursuant to the amended JPA dated May 16, 2002, Section 3, Sub -Part 3 of Section 4 of Agreement No. 83 -100 requires that each of the SBWIB member cities shall appoint at least two private- sector employers, to serve on the SBWIB as representatives of their respective cities' private sector businesses. The process specified by the JPA requires that nominees originate from a business group. Historically, the chambers of the member cities are the business group. The chambers nominate a business representative to the WIB, which nomination is then ratified by the respective city councils. The attached letter reflects the El Segundo Chamber of Commerce nomination, and its request for City Council re- appointment of Denise DiPasquale, a member of the El Segundo Chamber of Commerce, to a four year term to expire June 30, 2008. ATTACHED SUPPORTING DOCUMENTS: (1) Letter request from the El Segundo Chamber of Commerce, dated May 12, 2004. FISCAL IMPACT: Operating Budget: Amount Requested: Account Number: Project Phase: Appropriation Required Yes No X ORIGINATED: DATE: May 25, 2004 6� � a O. Abreu, Executive Assistant REVIEWED BY: DATE: May 25, 2004 S a Str Ity Manager �G /y jou.- Council AgendaslWIN S(aff RM- Approval of Reps to S6 WIB. doc 03 (4 El Segundo TheCHAM3ER 7 b Ii,we Jnr H«.,u+c,,,, May 12, 2004 The Honorable Kelly McDowell, Mayor and City Council City of El Segundo 350 Main Street El Segundo, CA 90245 Dear Mayor McDowell and City Council: On behalf of the El Segundo Chamber of Commerce, please accept the re- nomination of the following individual to be reappointed to continue service on the South Bay Workforce Investment Board as a representative of the El Segundo private sector. Seat 10 Denise DiPasquale, to serve an additional term as a Board Member from July 1, 2004, to June 30, 2008. Your invaluable time, consideration, and acceptance of this re- nomination are greatly appreciated. Most sincerely, Daniel L. Ehrler Executive Director Cc: Jan Vogel, Executive Director South Bay Workforce Investment Board 11539 Hawthorne Boulevard — Suite 500 Hawthorne, CA 90250 427 Main Street • El Segundo, CA 90245 • 310.322.1220 • Fax 310.322.6880 Email: info@elsegundochamber.org 038 EL SEGUNDO CITY COUNCIL MEETING DATE: June 1, 2004 AGENDA ITEM STATEMENT AGENDA HEADING: Consent AGENDA DESCRIPTION: Consideration and possible action regarding a status report on the update to the Circulation Element of the General Plan. RECOMMENDED COUNCIL ACTION: Receive and file status report for Circulation Element update; and /or Alternatively, discuss and take other action related to this item. BACKGROUND & DISCUSSION: On May 4, 2004, the City Council requested staff to prepare a status report forthe Circulation Element update project. In response to this request, staff has prepared the following summary of the project. Overview The City of El Segundo adopted its existing Circulation Element as part of the Comprehensive General Plan in 1992. The purpose of the Circulation Element is to assist the City in providing a safe, convenient, and efficient circulation system capable of responding to growth occurring consistent with the policies and land use densities permitted in the Land Use Element of the General Plan. It analyzes the existing and future circulation conditions in the City; assesses impacts of growth; and establishes goals, objectives, and policies to accommodate traffic associated with future growth. It includes information regarding future traffic projections, street classifications, planned roadways, truck routes, bicycle routes, public transportation, pedestrian infrastructure, and transportation demand management practices. (Continued on next page...) ATTACHED SUPPORTING DOCUMENTS: None FISCAL IMPACT: Operating Budget: $250,000 Amount Requested: N/A Account Number: 001 -400- 2402 -6214 Project Phase: N/A Appropriation Required: Yes X No n C.�J!u✓1G�� S-�L.S �6T Hansen, Director of Community, Economic and Development Services BY: DATE: Mary Strenn, City Manager 9 039 STAFF REPORT: June 1, 2004 Page 2 BACKGROUND & DISCUSSION: (cont.) Initial Update Effort In 1998, the City of El Segundo City Council directed staff to prepare an update of the Circulation Element. A consultant was selected, a draft of the document and Environmental Impact Report was prepared in 2000; and, subsequently the update was put on hold. Current Project In the fall of 2002, the City restarted the update process and hired a new consultant team comprised of two firms, Kimley -Horn & Associates, Inc. and Christopher A. Joseph & Associates, to prepare the update to the Circulation Element and the corresponding Environmental Impact Report (EIR). Since that time, City Planning staff has been working with the consultant team on the preparation of the documents. A series of three City Council meetings were held in 2003 to discuss various technical components of the update and the EIR including traffic methodology; assumptions; data sources; the results of the base year traffic model for the build out of the City in the existing General Plan; no land use /floor area ratio changes for the proposed project; and the use of three floor area ratio scenarios (0.8, 1.0 and 1.3) in the Corporate Office (CO) and Mixed -use North (MU -N) zones to be studied as the required Alternatives to the proposed project in the EIR. In October 2003, the City Council directed staff to prepare the EIR for the Circulation Element update with the no land use change scenario as the proposed project. The update to the Circulation Element primarily includes changes in the following three areas: changes in roadway designations; physical changes in roadway configurations; and improvements to specific intersections to accommodate projected traffic growth within the City. Completion of the draft documents (EIR and Circulation Element) is anticipated on June 18, 2004. The documents will be available to the public for review and comment for 45 days (June 18, 2004 to August 2, 2004). Once comments and responses to comments are incorporated into the EIR, the Circulation Element and EIR will be scheduled for a public hearing before the Planning Commission on August 12, 2004. Subject to the Planning Commission completing its review and making a recommendation on August 12, 2004, a public hearing will be scheduled before the City Council on September 7, 2004. P: \Planning & Building Safety\PROJECTS \576 - 599 \EA - 579 \6- 1- 04.ais.doc 040 EL SEGUNDO CITY COUNCIL AGENDA ITEM STATEMENT MEETING DATE: June 1, 2004 AGENDA HEADING: Consent Consideration and possible action regarding approval of a Professional Services Agreement with Bruce Barsook of Liebert Cassidy Whitmore, to provide legal services pertaining to labor negotiations with the City Employees Association and the Police Support Services Employees Association. RECOMMENDED COUNCIL ACTION: 1. Authorize the City Manager to execute a professional services agreement on behalf of the City. 2. Alternatively discuss and take other action related to this item. BACKGROUND & DISCUSSION: The current Memorandum of Understanding with the City Employees Association will expire on September 30, 2004. Additionally, last year, a new bargaining unit called "Police Support Services" was formed consisting of Dispatchers, Police Service Officers, and Police Assistants. As a result, labor negotiations will be taking place over the next several months. In 2003, staff went through an extensive evaluation of candidates to serve as the City's Chief Negotiator and selected Bruce Barsook of Liebert Cassidy Whitmore to serve as the City's Chief Negotiator in contract negotiations with the El Segundo Police Officer's and Firefighters' Associations. Mr. Barsook has extensive expertise in traditional and collaborative bargaining and has concentrated in public sector employment and labor law for more than twenty years. He has conducted labor negotiations in cities such as Anaheim, Inglewood, and Pasadena and references in all of these cities highly recommended him. Staff's recommendation is to execute a professional services agreement with Mr. Barsook for the upcoming labor negotiations with the El Segundo City Employees Association and the Police Support Services Association. ATTACHED SUPPORTING DOCUMENTS: Scope and Cost of Services FISCAL IMPACT: Operating Budget: Amount Requested: Account Number: 001 -400- 2201 -6310 Project Phase: Approval of Agreement Appropriation Required: _ Yes x No ORIGINATED BY: DATE: 5119/04 Bret M. Plumlee, Director Administrative Services REV WED DATE: / S Mary nn, City Manager 041 SCOPE OF SERVICES CHIEF NEGOTIATOR The Attorney agrees to provide the City with consulting, representational and legal services pertaining to employment relations matters, including representation in negotiations and in administrative and City proceedings as requested by the City or otherwise required by law. The Attorney agrees to represent the City until the successful conclusion of contract negotiations with the El Segundo City Employees Association and the Police Support Services Association. Representative responsibilities of the Chief Negotiator will include: 1. Review and analysis of current Memorandums of Understanding. 2. Development of management proposal language. 3. Analysis of Associations proposals. 4. Analysis of City proposals costing methodology and results. 5. Coordination with City retained consulting personnel. 6. Periodic contract negotiations briefing for the City Manager and City Council. 7. As directed by the City Manager, provision of information to members of the media. 8. Preparation of new Memorandums of Understandings resulting from contract negotiations. 9. As requested, provision of legal services pertaining to employment relations matters involving other City bargaining units. 04`' COST OF SERVICES I. PUBLIC AGENCY FEE SCHEDULE (Hourly Rates) Partners Of Counsel Associates Graduate Legal Assistants Law Clerks Paralegals II. COST SCHEDULE 1. Photocopies 2. Facsimile Transmittal $225.00 - $260.00 $225.00 - $240.00 $160.00 - $200.00 $110.00 $95.00 $95.00 $0.15 per copy $1.00 per page 043 AGREEMENT FOR SPECIAL SERVICES This Agreement is entered into between the law firm of LIEBERT CASSIDY WHITMORE, A Professional Corporation ( "Attorney "), and CITY OF EL SEGUNDO, A Municipal Corporation ( "City"). 1. Conditions This Agreement will not take effect, and Attorney will have no obligation to provide services, until City returns a properly signed and executed copy of this Agreement. 2. Attorney's Services Attorney agrees to provide City with consulting, representational and legal services pertaining to employment relations matters, including representation in negotiations and in administrative and City proceedings, as requested by the City of otherwise required by law. All legal services separate from negotiations are to be assigned through the Office of the City Attorney. 3. Fees, Costs, Expenses City agrees to pay Attorney the sums billed monthly for time spent by Attorney in providing the services and for reasonable travel time. The range of hourly rates for Attorney time is from One Hundred Sixty to Two Hundred Sixty Dollars ($160 - $260.00) and Ninety -Five to One Hundred Ten Dollars ($95.00 - $110.00) per hour for time of paraprofessional staff. Attorney reviews its hourly rates on an annual basis. Attorneys and paraprofessional staff bill their time in minimum units of one -tenth of an hour. Communications advice (telephone, voice -mail, e-mail) is billed in a minimum increment of three- tenths (.30) of an hour. 04 City agrees to reimburse Attorney for necessary costs and expenses incurred by Attorney on behalf of City. Attorney bills photocopying charges at Fifteen Cents ($.15) per page and facsimile charges at One Dollar ($1.00) per page. A Public Agency Fee Schedule is attached to this Agreement. Payment by City against monthly billings is due upon receipt of statements, and is considered delinquent if payment is not received within thirty (30) days of the date of the invoice. 4. Assignment This Agreement is not assignable without the written consent of City. 5. Independent Contractor It is understood and agreed that Attorney, while engaged in performing the terms of this Agreement, is an independent contractor and not an employee of City. 6. Term This Agreement is effective June 1, 2004, ongoing and maybe modified by mutual agreement of the partied. This Agreement shall be terminable by either party upon thirty (3) days written notice. LIEBERT CASSIDY WHITMORE A Professional Corporation L-A Date 2004 CITY OF EL SEGUNDO A Municipal Corporation Date 2004 0 4, EL SEGUNDO CITY COUNCIL MEETING DATE: June 1, 2004 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Calendar AGENDA DESCRIPTION: Consideration and possible action regarding adoption of an Ordinance to approve an amendment to contract between the Board of Administration of the California Public Employees Retirement System (CaIPERS) and the El Segundo City Council providing 4t' level of 1959 Survivor Benefits for the members of the El Segundo Firefighters Association. RECOMMENDED COUNCIL ACTION: 1) Second reading by title only and adoption of Ordinance 2) Alternatively discuss and take other action related to this item BACKGROUND & DISCUSSION: On November 5, 2003, the City Council approved a tentative agreement and entered into a five -year Memorandum of Understanding with the El Segundo Firefighter's Association. The tentative agreement included a modification to Article 2.14 of the comprehensive Memorandum of Understanding which would provide Section 21574 (Fourth Level of 1959 Survivor Benefits) for the City's local fire members. The El Segundo Police Officers Association membership currently is eligible for this benefit. On February 3, 2004, the City Council adopted a Resolution of Intention and provided for the first reading of the required Ordinance to approve the amendment to the current PERS contract. On March 10, 2004, the City received the signed contract amendment from CaIPERS and can now move forward with the second reading and adoption of the attached Ordinance. - continued on next page - ATTACHED SUPPORTING DOCUMENTS: 1) Ordinance No. 1374 2) PERS Exhibit — Amendment to Contract FISCAL IMPACT: Operating Budget: Amount Requested: Account Number: Project Phase: Appropriation Required: _Yes X No ORIGINATED: ��y� DATE: May25,2004 /y, 1.1 _ Bret M. Plumlee, Director of Administrative Services REVIEWED DATE: City Manager % 046 BACKGROUND & DISCUSSION (continued): Reading of the Ordinance and adoption of the Resolution of Intention is required in order to initiate the amendment to the contract between the Board of Administration of the California Public Employees Retirement System (PERS) and the El Segundo City Council. Government Code Section 7507 requires that the future annual costs of the proposed contract amendment be made public at a public meeting of the El Segundo City Council at least two weeks prior to the second reading and adoption of the final ordinance. PERS recommends that the following information be disclosed: 1) Annual Employer Normal Cost (first year only) $ 3410 2) 5 -year amortization of unfunded /excess liability payment $ (4624) 3) Employer cost each year for the next five years -0- The employer normal costs rate for the Fourth Level of 1959 Survivor Benefits is $4.90 per month, per covered member, subject to annual change. Annual payments may vary depending on the funding reserve level of the statewide pool. In addition, members covered by the 1959 Survivor Benefits contribute $2.00 per month. Section 21574 — Fourth Level of 1959 Survivor Benefits This benefit provides a higher level of 1959 Survivor Benefits to survivors of a member of PERS who dies prior to retirement. The Association currently has the third level of 1959 Survivor Benefits. A spouse is eligible if he of she (1) has care of eligible children, or (2) is age 60 or older. Children are eligible if under age 22 and unmarried. The monthly allowance payable to eligible survivors under this section is as follows: Spouse with two or more eligible children; orthree or more eligible children only ......... $2,280 Spouse with one eligible child; or two eligible children only ........... .........................$1,900 One eligible child only; or surviving spouse at age 60 or older or, dependent parents .... $950 Staff would like to point out to the City Council that this item is being agendized for possible action as a demonstration of good faith, despite the lack of the Firefighters Association signing the current Memorandum of Understanding. As pointed out above, the date that the City Council approved a tentative agreement and entered into a five year Memorandum of Understanding was November 5, 2003. The City completed its' review of the comprehensive Memorandum of Understanding and distributed it to the Firefighters' Association in February 2004. 047 ORDINANCE NO. 1374 AN ORDINANCE AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF EL SEGUNDO AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM. The City Council of the City of El Segundo does ordain as follows: SECTION 1: The Attached Exhibit A, an amendment to the contract between the City Council of the City of El Segundo and the Board of Administration, California Public Employees' Retirement System, is approved and the Mayor is authorized to execute the amendment. SECTION 2: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 3:This Ordinance will become effective on the thirty -first (31s) day following its passage and adoption. PASSED AND ADOPTED this 15` day of June, 2004. Kelly McDowell, 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 , 2004, 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 2004, and the same was so passed and adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: Cindy Mortesen, City Clerk 0 Karl H. Berger Assistant City Attorney E A k" Ca1PERS California Public Employees' Retirement System AMENDMENT TO CONTRACT Between the Board of Administration California Public Employees' Retirement System and the City Council City of E1 Segundo The Board of Administration, California Public Employees' Retirement System, hereinafter referred to as Board, and the governing body of the above public agency, hereinafter referred to as Public Agency, having entered into a contract effective October 1, 1943, and witnessed August 25, 1943, and as amended effective November 1, 1947, August 1, 1949, July 1, 1950, November 1, 1955, September 1, 1958, March 9, 1959, November 7, 1964, October 19, 1968, December 11, 1971, July 20, 1974, July 19, 1975, January 3, 1976, July 16, 1977, June 3, 1978, February 6, 1982, April 3, 1982, January 1, 1992, June 27, 1992, May 15, 1993, January 8, 1994, January 19, 1996, April 4, 1997, October 13, 1997, October 7, 2000, December 18, 2000 and May 19, 2001 which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows: A. Paragraphs 1 through 13 are hereby stricken from said contract as executed effective May 19, 2001, and hereby replaced by the following paragraphs numbered 1 through 13 inclusive: 1. All words and terms used herein which are defined in the Public Employees' Retirement Law shall have the meaning as defined therein unless otherwise specifically provided. "Normal retirement age" shall mean age 55 for local miscellaneous members and age 55 for local fire members, and age 50 for local police members. 050 2. Public Agency shall participate in the Public Employees' Retirement System from and after October 1, 1943 making its employees as hereinafter provided, members of said System subject to all provisions of the Public Employees' Retirement Law except such as apply only on election of a contracting agency and are not provided for herein and to all amendments to said Law hereafter enacted except those, which by express provisions thereof, apply only on the election of a contracting agency. 3. Employees of Public Agency in the following classes shall become members of said Retirement System except such in each such class as are excluded by law or this agreement: a. Local Fire Fighters (herein referred to as local safety members); b. Local Police Officers (herein referred to as local safety members); C. Employees other than local safety members (herein referred to as local miscellaneous members). 4. In addition to the classes of employees excluded from membership by said Retirement Law, the following classes of employees shall not become members of said Retirement System: NO ADDITIONAL EXCLUSIONS 5. Prior to January 1, 1975, those members who were hired by Public Agency on a temporary and /or seasonal basis not to exceed 6 months were excluded from PERS membership by contract. Government Code Section 20336 superseded this contract provision by providing that any such temporary and /or seasonal employees are excluded from PERS membership subsequent to January 1, 1975. Legislation repealed and replaced said Section with Government Code Section 20305 effective July 1. 1994. 6. The percentage of final compensation to be provided for each year of credited prior and current service for local miscellaneous members shall be determined in accordance with Section 21354 of said Retirement Law, subject to the reduction provided therein for service on and after July 1, 1956, the effective date of Social Security coverage, for members whose service has been included in Federal Social Security (2% at age 55 Full and Modified). 7. The percentage of final compensation to be provided for each year of credited prior and current service as a local fire member shall be determined in accordance with Section 21363.1 of said Retirement Law (3% at age 55 Full and Modified). 051 8. The percentage of final compensation to be provided for each year of credited prior and current service as a local police member shall be determined in accordance with Section 21362.2 of said Retirement Law (3% at age 50 Full). 9. Public Agency elected and elects to be subject to the following optional provisions: a. Sections 21624 and 21626 (Post- Retirement Survivor Allowance) for local safety members only. b. Section 21571 (Basic Level of 1959 Survivor Benefits) for local miscellaneous members only. C. Section 21222.1 (One -Time 5% Increase - 1970). Legislation repealed said Section effective January 1, 1980. d. Section 21222.2 (One -Time 5% Increase - 1971). Legislation repealed said Section effective January 1, 1980. e. Section 21024 (Military Service Credit as Public Service), Statutes of 1976. f. Section 20042 (One -Year Final Compensation). g. Section 21574 (Fourth Level of 1959 Survivor Benefits) for local safety members only. 10. Public Agency shall contribute to said Retirement System the contributions determined by actuarial valuations of prior and future service liability with respect to local miscellaneous members and local safety members of said Retirement System. 11. Public Agency shall also contribute to said Retirement System as follows: a. Contributions required per covered member on account of the 1959 Survivor Benefits provided under Section 21574 of said Retirement Law. (Subject to annual change.) In addition, all assets and liabilities of Public Agency and its employees shall be pooled in a single account, based on term insurance rates, for survivors of all local safety members. b. A reasonable amount, as fixed by the Board, payable in one installment within 60 days of date of contract to cover the costs of administering said System as it affects the employees of Public Agency, not including the costs of special valuations or of the periodic investigation and valuations required by law. 052 c. A reasonable amount, as fixed by the Board, payable in one installment as the occasions arise, to cover the costs of special valuations on account of employees of Public Agency, and costs of the periodic investigation and valuations required by law. 12. Contributions required of Public Agency and its employees shall be subject to adjustment by Board on account of amendments to the Public Employees' Retirement Law, and on account of the experience under the Retirement System as determined by the periodic investigation and valuation required by said Retirement Law. 13. Contributions required of Public Agency and its employees shall be paid by Public Agency to the Retirement System within fifteen days after the end of the period to which said contributions refer or as may be prescribed by Board regulation. If more or less than the correct amount of contributions is paid for any period, proper adjustment shall be made in connection with subsequent remittances. Adjustments on account of errors in contributions required of any employee may be made by direct payments between the employee and the Board. B. This amendment shall be effective on the day of BOARD OF ADMINISTRATION CITY COUNCIL PUBLIC EMPLOYEES' RETIREMENT SYSTEM CITY OF EL SEGUNDO BY KENNETH W. MARZION, CHIEF ACTUARIAL & EMPLOYER SERVICES DIVISION PUBLIC EMPLOYEES' RETIREMENT SYSTEM AMENDMENT ER# 0039 PERS- CON -702A (Rev. 8 \02) BY PRESIDING OFFICER Witness Date Attest: Clerk 053 EL SEGUNDO CITY COUNCIL MEETING DATE: June 1, 2004 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action regarding award of contract to Tekton Building and Construction Group for the City Library Interior Modifications (111 West Mariposa Avenue) — Project No. PW 03 -09 - Approved Capital Improvement - (Fiscal Impact = $163,800) RECOMMENDED COUNCIL ACTION: Recommendation — (1) Award contract to Tekton Building and Construction Group, in the amount of $163,800; (2) Authorize the City Manager to execute the contract on behalf of the City in a form approved by the City Attorney; and /or (3) Alternatively, discuss and take other action related to this item. BACKGROUND & DISCUSSION: On May 4, 2004, the City Council rejected all bids as non - responsive and authorized staff to re- advertise the project for receipt of construction bids. On May 25, 2004, the City Clerk received and opened four (4) bids. The contractor has favorable references and has successfully completed similar projects. The total cost of this project, including $15,000 for construction contingencies, is $178,800. ATTACHED SUPPORTING DOCUMENTS: 1. Bid results. 2. Location map. FISCAL IMPACT: Capital Improvement Program Amount Requested: Account Numbers: Project Phase: Assistant Ma $160,000 $178,800 001 - 400 - 8201 -8497 = $160,000 702 - 300 - 8107 -3972 = $ 76,866 001 - 253 - 0000 -1253 = 85,325 Total = $322,191 Award of contract No r DATE: May 25, 2004 DATE: 06 -01 -04 Award Contract to for the Library Interior Modifications PW 03 -09 12 054 BID RESULTS Tekton $163,800 C.J. Tech Construction $164,000 Unique Performance Construction $173,800 W.E. O'Neil Construction $175,325 055 n n iD O w gy 3a SO^ - N m DN" F- O \ g3 W..I cur ERppaD�!— yV0 �CCA ST �NE 9 N T P Am m P I v1 HL nE T ST o \ NILL[RElT ST I = Z WLLEY LO IS n O LOYa V19i1 SL ®��® WHITINp ST 9 �� ® ❑ ❑aa�� i �+° s CONCORD SL P NJeG 6" ")CHAD SL BB� ❑ �� R y H v. '1ILJIII � DNa,WO i c6T w RICHMOND 9T e ®El N uux s�. � a+ W ? STANDARD $T. PEPPEP a A ➢ B� ❑ ❑ ❑❑ N TI J. Il }0.EMX W E ED ®` ^'fW�N m bNE ST [�r�{� ® Z1 II Il yy❑ r n ENN ST LoJll -I )Ij19 W BLPN[N£ pD 2 ®® 9 Mt L1RT Y CT. m UA E� bIEPR1 91 ➢ UA D ` , LOYITa ST. ®� �� L� PLOURNEY PO, m RI LAID ST IUNOALOW OR �p pp y "COmQ DOCK K CENTER !T. II�1I1r''�I LAUREL AV �; m A NEVADA ST. •�viosn II IOU F PACIFIC ME. ��u Y1PL[ wVE. II F OREGON ST. CAUFORN S (T PMLY AVE. I A CALIFORNIA ST. o POINSETTIA M'F�; v' ` kaX91! 9t. WISNINbiON !T k _ PINE AVE.= N ELY aVE.� _ ILLIX019 SL �XLy a� T Y LL JJ W m OAK AVE. N W T3 5 fl13 W INOIaPa SL N Q 1, 13 CEPULVCOa ➢ —1 i n m T35 11W ti GI a a sELer n n y \ J � .j BLVD. ANPONT s m ➢ 2 ALLIED -- HUGHES WAY DO WAY t1} C TAL (PRIVATE) m m \ 9 .� IN 2 xM9N SL \ ` PMIK -WMY [ HASH IT ~ IN APOLLO ST. P METRO GREEN LINE i ; 2 CONTINENTAL COLEY mCOLEY RD. p 1 T y WY. (PRIVATE 8 0 Co. D O AS CIA US AS r I r REOONOOWE. x, �? AWN • ` £ F � HORNET ' MuT N, -I Eost CIIS ounle m a,T B EE. fl. am ATlpx I1Ir_II1I Ij'r1�'1'f) ^(III '��{-'�IIII IIIIr'�'I�I el.vo. .dd0 J IoI y !\ y mr K e\\ 1515 AVE. e w W v o Y u m m m y v r La CIE SAN 01 EGO y c Xnva �A, PC y m y m y Z cl CITY OF HAWTHORNE FWY' LOS ANGELES COUNTY, m O 1 m N V \ 4! I 056 EL SEGUNDO CITY COUNCIL MEETING DATE: June 1, 2004 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action regarding acceptance of the rehabilitation project of El Segundo Boulevard, between Nash Street and Sepulveda Boulevard — Approved Capital Improvement Program — Project No. PW 03 -17 - (Final project cost = $70,950.90). RECOMMENDED COUNCIL ACTION: Recommendation — (1) Accept the work as complete; (2) Authorize the City Clerk to file the City Engineer's Notice of Completion in the County Recorder's Office; and /or (3) Alternatively, discuss and take other action related to this item. BACKGROUND & DISCUSSION: On December 16, 2003, the City Council awarded a contract in the amount of $69,677.50 to Sequel Contractors, Inc. The total construction cost of the project, based on measured quantities of installed work, is $70,950.90. The project included rehabilitation of the pavement of El Segundo Boulevard by grinding and overlaying deteriorated portions of the pavement and by slurry sealing and re- striping the entire roadway. All work has now been satisfactorily completed and the project is ready for acceptance. ATTACHED SUPPORTING DOCUMENTS: 1. Notice of Completion. 2. Location map. FISCAL IMPACT: Capital Improvement Program: $95,000.00 Amount Requested: $70,950.90 Account Number: 106- 400 - 8203 -8606 Project Phase: Accept the work as complete Appropriation Required: No 06-01 -04 Acceptance of the Rehabilitation of El Segundo Boulevard, 13 between Nash Street and Sepulveda Boulevard PW 0/3 -17 V J i Recording Requested by and When Recorded Mail To: City Clerk, City Hall 350 Main Street El Segundo, CA 90245 NOTICE OF COMPLETION OF CONSTRUCTION PROJECT Project Name: Rehabilitation of El Segundo Boulevard between Nash Street and Sepulveda Boulevard Project No.: PW 03 -17 Notice is hereby given pursuant to State of California Civil Code Section 3093 et seq that: 1. The undersigned is an officer of the owner of the interest stated below in the property hereinafter described. 2. The full name of the owner is: City of El Segundo 3. The full address of the owner is: City Hall, 350 Main Street, El Segundo, CA, 90245 4. The nature of the interest of the owner is: Public Street 5. A work of improvement on the property hereinafter described was field reviewed by the City Engineer on May 19, 2004. The work done was: Asphalt roadway rehabilitation 6. On June 1, 2004, the City Council of the City of El Segundo accepted the work of this contract as being complete and directed the recording of this Notice of Completion in the Office of the County Recorder. 7. The name of the Contractor for such work of improvement was: Sequel Contractors, Inc. 8. The property on which said work of improvement was completed is in the City of El Segundo, County of Los Angeles, State of California, and is described as follows: El Segundo Boulevard 9. The street address of said property is: N/A Dated: VERIFICATION Seimone Jurjis Acting City Engineer I, the undersigned, say: I am the City Engineer of the City El Segundo, the declarant of the foregoing Notice of Completion; I have read said Notice of Completion and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury the foregoing is true and correct. Executed on 2004 at El Segundo, California. Seimone Jurjis Acting City Engineer Nolee of 6omplelbnSPW 03 -17 ReaabAllalbn of El SepuM0 mule 058 m r A m \ i O W I"NnOJ S3139NV SOl AMd 3NHOH.LMVH j0 A110 > Z I 'Orate 09310 NVS H Q v93N31] yt N 3nv BISI \ ' M 1E!� AgIN Sal 3 6 Y1 g V =jam Xounnr /�I a YM' BYYA Z 11N w Q W m ) 2 f Q m 2 Z SC3A111a 38 � N1 w YvO "3q wl8 O C3A. 3N1• C9AY inwl.11l > e 9AV vulva V m3AV 314 Yw !11�� 3M ]111]N u "3AV 13Y8Y1 N 9Y A3MYA9lf M V V _ „ N QY A N H 2 w J U N o a Z `•" r_ -_lm (� �y �( a LI L� L1 Ll LJ �J L1 UU 11IJ,i,�l ll1 -1II�1 I- ante a a U- o -n 1'i a L -• 059 F 1 d ANA 13XYOH r m 2 � , � ��UU�� I Y. LL 3 Yndl 'J w i Q u •Wtlafnn '19 a �� J XCY3YO sY.r a i a lY .UVn3M ^ICJ^ ^O ��❑ a H ' w °y -Otl 13100 Q 2 m 6 � ` 3NIl M33tl9 Otl13W F G .� + � -y —i X9Y�N z is YRvIxvvY11tlYn Q � ❑❑ ❑B ®® is is YMMN1 lY YYY312 M J IV tSi1LLN0� J > )31YAIW) is xpN13HE 3XY W Z � _ ❑ o R 91tlOdtll_ Q r V_ U 18 19139 W N 0 '16 YYYYX.lY 'as � ! J _ e Y Y � M 1E!� AgIN Sal 3 6 Y1 g V =jam Xounnr /�I a YM' BYYA Z 11N w Q W m ) 2 f Q m 2 Z SC3A111a 38 � N1 w YvO "3q wl8 O C3A. 3N1• C9AY inwl.11l > e 9AV vulva V m3AV 314 Yw !11�� 3M ]111]N u "3AV 13Y8Y1 N 9Y A3MYA9lf M V V _ „ N QY A N H 2 w J U N o a Z `•" w W (� �y �( a O -1 11IJ,i,�l ll1 -1II�1 ®_J��aa II a a U- o 15 9loNllll 059 � 1 d OO Ell � 15 NY13xIM63M ��UU�� is SYSXYM Yndl 'J w i Q u •Wtlafnn '19 �� XCY3YO a lY .UVn3M ^ICJ^ ^O ��❑ LY Y11X30 Y w �rn is YRvIxvvY11tlYn Q � ❑❑ ❑B ®® is is YMMN1 lY YYY312 M J is xpN13HE 3XY 1M3YY 1n Q N _ ❑ _ V_ '16 YYYYX.lY 'as a��B e Y xlYn � tl �� as an9nX]ro � tlV Hld ❑�BBe 15 Utl0]NO] " ®�8�^I�8 EE0� -® is •xnsnn 19 9XI1IXw as rlsm vnal •N O1 W UN 15 153tl]IIIH 2 15 � 1 tl llN � i i 153w10 is V »nA m m DES � _ 05 I it ° aF CIS.I J`s]" 2 I Q J U V � _ / a U a M 1E!� AgIN Sal 3 6 Y1 g V =jam Xounnr /�I a YM' BYYA Z 11N w Q W m ) 2 f Q m 2 Z SC3A111a 38 � N1 w YvO "3q wl8 O C3A. 3N1• C9AY inwl.11l > e 9AV vulva V m3AV 314 Yw !11�� 3M ]111]N u "3AV 13Y8Y1 N 9Y A3MYA9lf M V V _ „ N QY A N H 2 w J U N o a Z w W (� �y �( a O -1 W a a U- o Z 059 � 1 d EL SEGUNDO CITY COUNCIL AGENDA ITEM STATEMENT MEETING DATE: June 1, 2004 AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action regarding approval of a piggyback lease on County of Los Angeles Contract # 41386 for the lease of one Oce Printing Systems USA, Inc. copier /printer for a period of 60- months for the Police Department's Records Division. The yearly lease amount is $14,000 and the five -year lease amount shall not exceed $70,050 including equipment, maintenance, impression costs and supplies. RECOMMENDED COUNCIL ACTION: (1) Recommend that City Council approve and authorize the City Manager to execute an amendment to the City's Master Frequent Copy Rental Agreement between the City and Oce Printing Systems, Inc. by adding one Oc6 VP 2070 copier /printer piggybacking on County of Los Angeles Contract # 41386. (2) Waive the formal bidding process pursuant to El Segundo Municipal Code 1 -7 -10. (3) Alternatively discuss and take other action related to this item. BACKGROUND & DISCUSSION: The Police Department currently utilizes a leased five -year old non - networked Xerox copier. The lease for the copier has expired and is due for replacement. The copier has become unreliable and has an extensive repair history over the past year. Additionally, certain parts for the machine are no longer available for replacement. The function of the Police Department's Records Division requires a reliable copy machine for the reproduction of police records. With significant advances in the technological development and capacity of copying equipment, staff examined the Police Department's printer /copier needs relative to productivity, ease of use, reliability, longevity, and cost reductions. The Police Department's Records Division manager and City's Information Systems Division staff conducted research on the current trends and advancements in networked copier /printer equipment. Staff researched two manufacturers: Oce Printing Systems USA, Inc. and Xerox. Both currently manufacture networked copier /printer equipment specifically for use in the police records environment. Staff research revealed that the police departments for Anaheim and Gardena utilize Oce USA, Inc. networked, high - capacity copiers with successful results. Additionally, the El Segundo City Clerk's office utilizes an Oce copier and is satisfied with its productivity and reliability. ATTACHED SUPPORTING DOCUMENTS: None. FISCAL IMPACT: Operating Budget: $28,000.00 Amount Requested: $14,000.00 Account Number: 001 -400- 3107 -6203 Project Phase: N/A Appropriation Required: No ORIGINATED BY: DATE: , Q'hief of Police � /z // REVIEWED BY: DATE: Mary St nn, City Manager S�S� °y 14 o6k EL SEGUNDO CITY COUNCIL MEETING DATE: June 1, 2004 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Calendar AGENDA DESCRIPTION: Consideration and possible action to adopt a Resolution supporting the joint League of California Cities and California State Association of Counties' policy statement to decrease the impacts from wildland and urban interface fires. Fiscal Impact: None RECOMMENDED COUNCIL ACTION: 1) Adopt Resolution; 2) Alternatively, discuss and take other action related to this item. BACKGROUND & DISCUSSION: In light of last year's disastrous wildland interface fires, the League of California Cities and California State Association of Counties (CSAC) have adopted a policy statement to decrease impacts on public health and safety resulting from wildland urban interface fires. The policy encourages a collaborative approach for multi - jurisdictional and multi- agency coordination/ communication to standardize and improve pre -fire mitigations, prevention, as well as response to any fire hazard in the forest rangeland, watershed, wildland urban interface /intermix, and open space in the State of California. While the City of El Segundo does not have a wildland urban interface exposure, such wildland fires do have an indirect impact on the overall economy and the provision of emergency response service. ATTACHED SUPPORTING DOCUMENTS: 1. Resolution # supporting the policy of the League of California Cities and the State of California Association of Counties (CSAC) regarding wildland urban interface fires. 2. League and CSCA Policy Statement FISCAL IMPACT: None Operating Budget: $ N/A Amount Requested: $ N/A Account Number: Project Phase: Yes ORIGINATED BY: Norm'Angelo, Fire ChiefV REVIEWED BY: DATE: Mal n, City Manager r 15 061 BACKGROUND & DISCUSSION: (Continued from first page) Last year a department, which was not experiencing an immediate emergency incident, encountered a situation where by they had pressed both of their second line engines into front line service. One of those second line units broke down. They had an immediate emergency need for another engine to maintain basic services during this temporary situation. Through some last minute arrangements, one city loaned that city an engine. It was determined that several cities may have this same potential need at any given time. The Operations Section of the South Bay Fire Chiefs crafted an Agreement that would meet such a need and limit potential liabilities. The City of El Segundo is very susceptible to this need. As a partial resolution to that need we, with the rest of South Bay Fire Chiefs, recommend adoption of the Agreement. Our Assistant City Attorney has reviewed the Agreement and agreed to it as to form. 062 RESOL UTION # A RESOLTUION SUPPORTING A JOINT LEAGUE /CSAC POLICY STATEMENT TO DECREASE IMPACTS ON PUBLIC HEALTH AND SAFETY RESULTING FROM WILDLAND URBAN INTERFACE FIRES WHEREAS, the City of El Segundo recognizes that the wildland fire problem is an issue of statewide importance and significance; and WHEREAS, extreme fire events such as the October/November 2003 Southern California fires will happen again unless improvements in fuel management, land use policies and fire safe building standards are put into place to protect lives, structures, infrastructure, watershed, community parklands, and other vital community assets, and WHEREAS, the Executive Boards of the League of California Cities, herein referred to as the "League" and the California State Association of Counties, herein referred to as "CSAC ", have unanimously adopted the attached Policy Statement that declares a "call to action" to create stronger defensive strategy for dealing with wildland fire threat, and WHEREAS, the defensible strategy involves a collaborative analysis of the land use, building standards and fuels management concerns associated with living in and near the wildland, and WHEREAS, the League and CSAC will identify a core team of leaders who will join with political leaders from the State to lead a task force made up of community planners, environmental agencies, housing and economic development specialists, fire service representatives, law enforcement, business, and the insurance industry to implement the defensive strategy identified in the Policy Statement. Therefore, let it be RESOLVED that the (City, County or Agency) on this 1 st day of June, 2004 supports the Policy Statement signed by the Presidents and Executive Directors of the League and CSAC, and encourages that the League and CSAC move collaboratively and aggressively to seek implementation of the defensive strategy identified in the Policy Statement. ADOPTED this 1 st day of June, 2004. Kelly McDowell, Mayor 0161 O EAll OR E CITIES League of California Cities California State Association of Counties 1400 K Street, 0 Floor 1100 K Street, Suite 101 Sacramento, CA 95814 Sacramento, CA 95814 Wildland Urban Interface Fires A Collaborative Plan to Decrease Impacts on Public Health and Safety (Adopted February 2004) The League of California Cities and the California State Association of Counties recognize the need for multi - jurisdictional and multi- agency coordination, collaboration and communication to standardize and improve pre -fire mitigations, prevention and response to any fire hazard in the forest, rangeland, watershed, wildland urban interface /intermix and open space in the State of California. The League and CSAC will aggressively work with all levels of government by: a) acting as a clearinghouse for local government regarding their experiences in dealing with conflicting government regulations that have made wildland mitigation efforts difficult or impossible, and to forward said information to our State legislature so they may begin to understand the problem; b) consider legislation that will expedite the adoption of state -wide wildland urban interface construction development standards; and c) co- sponsor public forums to discuss the adoption of future legislation, such as Oregon's Forestland -Urban Interface Fire Protection Act. The ultimate goal will be a systemic solution to California wildland fires and to ensure that the devastation created by past fires will remain a part of California's history, rather than its future. Z'°��`' Ron Loveridge, Mayor, Riverside President, League of California Cities Chris McKenzie, Executive Director League of California Cities Paul Stein, Supervisor, Calaveras County President, California State Association of Counties Steven C. Szalay, Executive Director California State Association of Counties 064 EL SEGUNDO CITY COUNCIL AGENDA ITEM STATEMENT MEETINGDATE: June 1, 2004 AGENDA HEADING: Consent Consideration and possible action to award contract increase to Kimberly Shultz from $14,100 to $30,000 on Contract No. 3251 to provide services as the Head coach for the Youth Swim Team for the Recreation and Parks Department. (Fiscal Impact $15,900.) RECOMMENDED COUNCIL ACTION: (1) Award contract increase to Kimberly Shultz in the amount of $15,900 for a total value, not to exceed $30,000. (2) Authorize the City Manager to execute a Contract Amendment. (3) Alternatively, discuss and take other action related to this item. BACKGROUND & DISCUSSION: The Recreation and Park Department offers a year -round competitive Swim Team for youth. The monthly fee is $45 per youth. Seventy percent of the fee goes to the instructor, thirty percent goes to the Department. The Swim team has approximately 120 participants per month. The team is offered to children between the ages of 5 and 14 years old and will be held at the Urho Saari Swim Stadium. Ms. Shultz has acted as the Head coach of the Youth Swim Team since November 2003 and as Assistant Coach for over 5 years. She stepped in to fill a vacancy when the then current Head Coach resigned. The program has continued to grow under her supervision. All requirements, licensing and insurances are confirmed by the contract and will be provided by the City of El Segundo. USA Swimming also provides insurance. ATTACHED SUPPORTING DOCUMENTS: None FISCAL IMPACT: Operating Budget: $30,000 Account Number: $16,900 Amount Requested: 108 - 400 -6209 -6206 Project Phase: NA Appropriation Required: _Yes x No ORIGINATED: DATE: May 24, 2004 Stacia Mancini, Director of Recreation and Parks REVIEWED BY: DATE: Mary Str City Manager 065 EL SEGUNDO CITY COUNCIL MEETING DATE: June 1, 2004 AGENDA ITEM STATEMENT AGENDA HEADING: New Business AGENDA DESCRIPTION: Consideration and possible action to award a Professional Services Agreement with Pinkerton Government Services, Inc. to perform annual High Rise Inspection Services. Contract costs to be off -set from collected high rise inspection fees adopted in Resolution 4270. Fiscal Impact: ($10,350 in new costs and related Fire Prevention costs to be offset by revenue fees of RECOMMENDED COUNCIL ACTION: 1) Award Professional Services Agreement contract to the most responsible bidder, Pinkerton Government Services, Inc. in the amount of $10,350; 2) Authorize the City Manager to execute a Professional Services Agreement, in a form approved by the City Attorney; 3) Authorize the City Manager to execute four additional one -year extensions for a total of five, one -year contracts; 4) Authorize the creation of a revenue account number to track fees received; and 5) Alternatively, discuss and take other action related to this item. BACKGROUND & DISCUSSION: From 1995 to 2003, the City contracted with Hayer Consultants, Inc. for High Rise Inspection Services. In the current program, there was an inspection fee agreement between the consultant and the building owners. This limits direct accountability to the El Segundo Fire Department. The Fire Department performed a needs assessment and determined that the El Segundo Fire Prevention Division needed to have stronger program oversight. This included the need to: have the consultant's inspection role separated from the fee setting and collecting role; insure that the consultant consistently assigns qualified inspectors with direct accountability to the El Segundo Fire Prevention Division; have inspectors work directly out of our division office for ease of preparation, communications, issue resolution and customer service; (Continued on next page; ATTA( None FISCAL IMPACT: Operating Budget: Amount Requested: $ 10,350 Account Number: 001 -400- 3204 -6214 Project Phase: Appropriation Required: X Yes _No ($10,350 and Fire Prevention related costs will be offset by revenue fees of $63,000) ORIGINATED BY: DATE: 05/19/04 Norm'Angelo, Fire REVIEWED BY: DATE: Mary Stre kityM a n age ` "% obit 17 (Continued from first page) work directly under our Principal Fire Prevention Specialist to insure compliance with our pre - inspection and inspection guidelines and acceptable standards. While the current fee agreed upon by the consultant and building owners is lower than that which the City would assess if we were doing the inspections, it does not consider the El Segundo Fire Department costs related to the program. That agreed upon fee also places practical limitations on the level of service that the consultant could provide. In order to establish a more appropriate relationship with the high rise owners, we would utilize the current system for billing for other City of El Segundo inspections and collections. That billing will be based on the fees identified in the current Fire Department Fee Ordinance. It is estimated that this program will generate $63,000 in revenue that will offset the Professional Technical Services of $10,000 as well as related Fire Prevention program costs. This contract would not require a change to the fee resolution. It is essential that this community have a strong proactive approach to control risk related to high rise structures. Based upon the needs described above, a Request for Proposal (RFP) was developed with written requirements for "High Rise Inspection Services" which included more oversight by El Segundo Fire Prevention staff, consultant qualifications and certifications, consultant accountability, coverage of related city costs, collection of the City adopted fee, and contractor payment by the City. In response to the Request for Proposal issued, four (4) consultants submitted bids to perform High Rise Inspection Services. They were Pinkerton Government Services, ISC Electronic Systems, Hayer Consultants, and Seimens Corporation. In addition to the qualifications proposed, costs were in a range from $10,350 to $461,760. Pinkerton Government Services was selected as the most responsive /qualified bidder. The contract would be for one year with an option to renew annually for up to five years. The revenue received will offset all program costs for the consultant and El Segundo Fire Department program costs. 067 EL SEGUNDO CITY COUNCIL MEETING DATE: June 1, 2004 AGENDA ITEM STATEMENT AGENDA HEADING: New Business AGENDA DESCRIPTION: Consideration and possible action to approve a Fire Department Mutual Apparatus (Fire Engines /Ladder Trucks /Rescues, etc.) and Equipment Loan Agreement between the cities of El Segundo, Redondo Beach, Hermosa Beach, and Manhattan Beach. Fiscal Impact: None RECOMMENDED COUNCIL ACTION: 1) Approve and authorize the Fire Department Mutual Apparatus and Equipment Loan Agreement; 2) Authorize the Mayor to sign the Agreement; and 3) Alternatively, discuss and take other action related to this item. BACKGROUND & DISCUSSION: The fire service must be able to deliver emergency response services 24- hours /365 days a year. In order to accomplish this mission we maintain constant state of readiness, in part by maintaining a front line of emergency response apparatus. These are backed up by the second line emergency response apparatus which are pressed into front line service when other apparatus is out of service or there is an extended emergency requiring the department to staff up. The number of second line apparatus varies from department to department. 1. Fire Department Mutual Apparatus and Equipment Loan Agreement FISCAL IMPACT: None Operating Budget: $ N/A Amount Requested: $ N/A Account Number: Project Phase: ORIGINATED orN m g lo, Fi Chief on next DATE: 05/18/04 REVIEWED BY: DATE: // Aso Ma/-4&n, City Manager y ( 68 BACKGROUND & DISCUSSION: (Continued from first page) Last year a department, which was not experiencing an immediate emergency incident, encountered a situation where by they had pressed both of their second line engines into front line service. One of those second line units broke down. They had an immediate emergency need for another engine to maintain basic services during this temporary situation. Through some last minute arrangements, one city loaned that city an engine. It was determined that several cities may have this same potential need at any given time. The Operations Section of the South Bay Fire Chiefs crafted an Agreement that would meet such a need and limit potential liabilities. The City of El Segundo is very susceptible to this need. As a partial resolution to that need we, with the rest of South Bay Fire Chiefs, recommend adoption of the Agreement. Our Assistant City Attorney has reviewed the Agreement and agreed to it as to form. 069 FIRE DEPARTMENT MUTUAL APPARATUS AND EQUIPMENT LOAN AGREEMENT This Agreement is entered into on , 2004 between the cities of El Segundo, Hermosa Beach, Manhattan Beach and Redondo Beach (hereinafter individually "Party" and collectively, the "Parties ") each of which is a municipal corporation and a general law or (in the case Redondo Beach) a charter City formed under the provisions of the Constitution of the State of California. RECITALS A. Each of the Parties provides fire suppression services to its residents and maintains an inventory of equipment for the purposes of doing so. B. From time to time an agency may have essential apparatus and equipment which requires repair or maintenance and thus have equipment temporarily unavailable for deployment. C. Other Parties ( "Lending Party") may have equipment which is redundant or otherwise unnecessary for immediate deployment in their own jurisdiction, which could, at the sole discretion of such a party's fire chief, be made available for loan to a Party in need ( "Borrowing Party "). D. The purpose of this Agreement is to facilitate such a loan arrangement between Parties hereto. AGREEMENT 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 Agreement: "Borrower" means a Party using or possessing apparatus and/or equipment from a Lender. "Lender" means a Party lending apparatus and/or equipment to a Borrower. Loan of Equipment. With the consent of the Lender's fire chief any Party may lend to any other Party fire suppression equipment pursuant to the terms and conditions of this Agreement and such other terms and conditions, not inconsistent with this Agreement as the Lender's fire chief deems appropriate. In the event that the Lender experiences emergency conditions necessitating return of loaned apparatus and/or equipment, both parties will work to return the apparatus /equipment and to secure an acceptable replacement for the Borrower from one of the other Parties. 070 Orientation/TraininE. If the Apparatus and/or equipment are the same as that used and possessed by the Borrower, the Lender will provide an orientation of unique characteristics to a trainer from the Borrower to enable safe operation of the loaned apparatus or equipment. If the Borrower does not use the same type of apparatus or equipment, the Borrower will supply a trainer to be trained in the safe use of the equipment by the Lender's representative. In any case the Borrower's trainer is responsible and must ensure that Borrower's personnel are trained in the proper and safe operation of the loaned apparatus or equipment. Care and Condition of Apparatus/Equipment: The Borrower must ensure at its expense that the apparatus /equipment is routinely maintained and returned to the Lender in the same or better condition that it was received in. Term of Agreement. This Agreement is effective on the date signed by all parties for a term of three (3) calendar years and may be mutually renewed every three (3) years thereafter unless terminated pursuant to the terms of this agreement. In each renewal and not less than sixty (60) days prior to the date of expiration, all parties shall meet to discuss Agreement updates and necessary content modifications. Termination. Any Party may terminate its participation in this Agreement at any time with twenty -four (24) hour written notice to all other Parties. Provided, however, that no Party may terminate this Agreement while it is either a Borrower or Lender. 7. Indemnification. A. Each Party releases every other Party to this Agreement from all liability to itself, its officials, officers, employees, agents, and volunteers (collectively, "Party"), for any claims, damage, or demands for personal injury, death, or property damage, arising from or related to this Agreement. Each Party bears sole responsibility for any loss with the following exception: any Borrower agrees to indemnify and hold the Lender harmless from and against any claim, action, damages, costs (including, without limitation, attorney's fees), injuries, or liability, arising out of the Borrower's use or possession of the apparatus or equipment. Should the Lender 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 Borrower's use or possession of Lender's apparatus or equipment, Borrower will defend Lender (at Lender's request and with counsel satisfactory to Lender) and will indemnify Lender for any judgment rendered against it or any sums paid out in settlement or otherwise. B. It is expressly understood and agreed that the foregoing provisions will survive termination of this Agreement. C. The requirements as to the types and limits of insurance coverage to be 071 maintained by the Parties are not intended to, and will not, in any manner limit or qualify the liabilities and obligations otherwise assumed by the Parties pursuant to this Agreement, including, without limitation, to the provisions concerning indemnification. Insurance. Any Borrower must have liability insurance with an insurance company admitted to do business in California with policy limits of not less than $2,000,000. The Lender must be named as additional insured on said policy and be entitled to at least thirty days advance written notice of the cancellation of said policy. The Borrower must provide written proof of insurance before delivery of any equipment to be borrowed. With the consent of the Lender, the Borrower may substitute self- insurance for the policy requirements of this section. Modification. This Agreement constitutes the entire agreement between the Parties and supersedes any other agreements, oral or written. No promises, other than those included in this Agreement, shall be valid. This Agreement may be modified only by a written agreement executed by all the Parties. 1 o. Assignment. The Parties understand that their status as public entities are primary inducements for each to enter into this Agreement. For this reason, the Parties agree that they will not assign or transfer any portion of or interest in this Agreement. Any attempt to assign or transfer any portion of this Agreement will be void. 11. Notices. All notices required by this Agreement must be in writing and given to the Parties at the following addresses: CITY OF EL SEGUNDO: El Segundo Fire Department 314 Main Street El Segundo, CA 90245 CITY OF MANHATTAN BEACH City Clerk 1400 Highland Ave. Manhattan Beach, CA 90266 CITY OF REDONDO BEACH: CITY OF HERMOSA BEACH: 12. California Law. This Agreement shall be construed in accordance with the laws of the State of California. Any action commenced about this Agreement shall be filed in the appropriate branch of the Los Angeles County Municipal or Superior Court. 13. Interpretation. This Agreement shall be interpreted as though prepared by all Parties. 072 14 . Preservation of Agreement. Should any provision of this Agreement be found invalid or unenforceable, the decision shall affect only the provision interpreted, and all remaining provisions shall remain enforceable. 15. Entire Agreement. This Agreement supersedes any and all other agreements, either oral or in writing, between the Parties with respect to the subject matter herein. Each Party to this Agreement acknowledges that representations by any Party not embodied herein, and any other agreements, statements, or promises concerning the subject matter of this Agreement, not contained in this Agreement, are not valid and binding. Any modification of this Agreement will be effective only if it is in writing signed by the Parties. Any issue with respect to the interpretation or construction of this Agreement is to be resolved without resorting to the presumption that ambiguities should be construed against the drafter. 16. Facsimile signatures. The Parties agree that 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. 17. Counterparts. This Agreement may be executed in any number or counterparts, each of which will be an original, but all of which together will constitute one instrument executed on the same date. 073 IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and year first shown above. CITY OF EL SEGUNDO CITY OF REDONDO BEACH Kelly McDowell Mayor Mayor ATTEST: ATTEST: Cathy Domann Deputy City Clerk APPROVED AS TO FORM: Mark D. Hensley, City Attorney C Karl H. Berger Assistant City Attorney CITY OF MANHATTAN BEACH City Clerk APPROVED AS TO FORM: C CITY OF HERMOSA BEACH a General Law City Geoff Dolan City Manager Mayor ATTEST: ATTEST: Liza Tamura City Clerk APPROVED AS TO FORM: Robert V. Wadden, Jr., City Attorney IS City Clerk am 5 APPROVED AS TO FORM: 074