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2004 JUNE 15 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 15, 2004 — 5:00 P.M. Next Resolution # 4382 Next Ordinance # 1376 5:00 P.M. SESSION CALL TO ORDER PUBLIC COMMUNICATION — (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. ROLL CALL SPECIAL MATTERS �l( i Interview of Candidates for the Recreation and Parks Commission (Conducted in City Council Chambers). 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; as follows: CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Gov't Code §54956.9(a)) - 4 matters 1. Flynn v. City of El Segundo, LASC No. YC046253 2 Bressi v. City of El Segundo, LASC No. BC2888292 and BC2888293 3. Emazeki v. City of El Segundo, LASC No. YC047980 4. Salisbury v. City of El Segundo, Worker's Comp. Appeal Board, MON0275079 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code §54956.9(b): -0- potential case (no further public statement is required at this time). Initiation of litigation pursuant to Government Code §54956.9(c): -2- matters. DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957) - None. CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957.6) — 0 matters 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 15, 2004 — 7:00 P.M. 7:00 P.M. SESSION CALL TO ORDER INVOCATION — Cindy Mortesen, City Clerk PLEDGE OF ALLEGIANCE — Council Member Eric Busch Next Resolution # 4382 Next Ordinance # 1376 003 PRESENTATIONS — (a) Proclamation by the Mayor and Members of the City Council proclaiming June 15, 2004 as TREE CITY USA in celebration and recognition of the honor bestowed upon the City for the second time by The National Arbor Day Foundation. ROLL CALL PUBLIC COMMUNICATIONS — (Related to City Business Only — 5 minute limit per person, 30 minute limit total) Individuals who have received value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so identify themselves prior to addressing the City Council. Failure to do so shall be a misdemeanor and punishable by a fine of $250. While all comments are welcome, the Brown Act does not allow Council to take action on any item not on the agenda. The Council will respond to comments after Public Communications is closed. A. PROCEDURAL MOTIONS Consideration of a motion to read all ordinances and resolutions on the Agenda by title Recommendation —Approval. B. SPECIAL ORDERS OF BUSINESS C. UNFINISHED BUSINESS D. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS Consideration and possible action regarding the appointment of a candidate to the Recreation & Parks Commission and announcement of next interview dates. Recommendation — (1) Announce the Recreation & Parks Commission appointee and term; (2) Announce the date of interviews of candidates to the Library Board of Trustees and Senior Citizen Housing Corporation Board, and establish a deadline for filing applications; (4) Alternatively, discuss and take other action related to this item. 4 004 2. Consideration and possible action regarding the Request for Proposal for management services at Park Vista Senior Housing Complex, (615 East Holly Avenue). Fiscal Impact: None Recommendation — (1) Approve preparation and release of Request for Proposal; (2) Alternatively, discuss and take other action related to this item. E. CONSENT AGENDA All items listed are to be adopted by one motion without discussion and passed unanimously. If a call for discussion of an item is made, the item(s) will be considered individually under the next heading of business. 3. Warrant Numbers 2541084 to 2541286 on Register No. 17 in the total amount of $998,394.07 and Wire Transfers from 5/21/2004 through 6/3/2004 in the total amount of $246,829.50. Recommendation — Approve Warrant Demand Register and authorize staff to release. Ratify: Payroll and Employee Benefit checks; checks released early due to contracts or agreement; emergency disbursements and /or adjustments; and wire transfers. 4. Council Meeting Minutes of May 18, May 27 and June 1, 2004. Recommendation — Approval. 5. Consideration and possible action regarding the waiver of fees for City services associated with the Pacifica District Cub Scout Soap Box Derby. (Fiscal Impact: Recommendation — (1) To waive fees for City services associated with the Pacifica District Cub Scout Soap Box Derby; (2) Alternatively, discuss and take other action related to this item. 6. 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. (Fiscal Impact: None) Recommendation — (1) Second reading by title only and adoption of Ordinance; (2) Alternatively, discuss and take other action related to this item. 5 005 7. Consideration and possible action regarding approval of a Professional Services Agreement to implement the Community Development Block Grant (CDBG) Senior In -Home Care Project between the City of El Segundo and Always Right Home Care for an amount not to exceed $30,000. Contract period: July 1, 2004 through June 30, 2005 with an option for an annual renewal for up to two additional years. Recommendation — (1) Approve the Professional Agreement with Always Right Home Care Services and authorize the City Manager to execute said Agreement; (2) Alternatively, discuss and take other action related to this item. 8. Consideration and possible action regarding approval of a Professional Services Agreement to implement the Community Development Block Grant (CDBG) Home Delivered Meals Project between the City of El Segundo and NDK Foods, Inc., for an amount not to exceed $25,000 (plus client donations). Contract period: July 1, 2004 through June 30, 2005 with an option for annual review and renewal not to exceed a total of three years, through June 30, 2007. Recommendation — (1) Approve the Professional Services Agreement with NDK Foods, Inc., and authorize the City Manager to execute said Agreement; (2) Alternatively, discuss and take other action related to this item. 9. Consideration and possible action regarding approval of the release of the City of El Segundo's portion ($6,108.00) of the Juvenile Accountability Incentive Block Grant (JAIBG) to the Los Angeles County District Attorney's Office. Recommendation — (1) Approve the release of the JAIBG funds; (2) Authorize the City Manager to sign the waiver authorizing the Office of Criminal Justice Planning to transfer award funds allocated under the JAIBG 2004 to the Los Angeles District Attorney's Office; (3) Alternatively, discuss and take other action related to this item. 10. Consideration and possible action regarding the acceptance of the Fiscal Year 2004 -2005 Estimated City Revenues and Appropriations Assumptions and receive and file calculation for Fiscal Year 2004 -2005 minimum employment staffing in the Fire Department as provided for in the labor agreement between the City and the El Segundo Firefighter's Association. Recommendation — (1) Direct staff to proceed with Fiscal Year 2004 -2005 Estimated Revenues and Appropriations Assumptions; (2) Receive and file Fiscal Year 2004 -2005 minimum staffing calculation in the Fire Department; (3) Alternatively, discuss and take other action related to this item. CALL ITEMS FROM CONSENT AGENDA 6 006 F. NEW BUSINESS — 11. Consideration and possible action directing staff to prepare amendments to Title 1, Chapter 9 — "Political Contributions," of the El Segundo Municipal Code with regard to all aspects of campaign finance, including but not limited to contributions, expenditures, and mailings for consideration by the Council at a future Council Meeting. Recommendation — (1) Direct staff with respect to preparing possible amendments to Title 1, Chapter 9 — "Political Contributions," of the El Segundo Municipal Code with regard to all aspects of campaign finance, including but not limited to contributions, expenditures, and mailings for consideration by the Council at a future Council Meeting; (2) Alternatively, discuss and take other action related to this item. G. REPORTS — CITY MANAGER — NONE H. REPORTS — CITY ATTORNEY — NONE I. REPORTS —CITY CLERK — NONE 12. Consideration and possible action requesting Council consensus to cancel the July 6, 2004 City Council Meeting. Recommendation — (1) Approve cancellation of July 6, 2004 Meeting; (2) Alternatively, discuss and take other action related to this item. J. REPORTS —CITY TREASURER— NONE K. REPORTS — CITY COUNCIL MEMBERS Council Member Boulgarides — 13. Consideration and possible action regarding an oral report relative to improvements by the Los Angeles County Department of Beaches and Harbors to El Segundo Beach. Recommendation — (1) Receive and file report; (2) Alternatively, discuss and take other action related to this item. 14. Consideration and possible action to approve a letter in opposition to California Assembly Bill 2702 regarding second units in residential areas to the California State Senate. Recommendation — (1) Approve a letter in opposition to California Assembly Bill 2702; (2) Alternatively, discuss and take other action related to this item. 0 01 Council Member Busch — Council Member Jacobson — Mayor Pro Tern Gaines — 15. Consideration and possible action regarding the City Council's signature on letters urging the Governor, Senator Bowen and Assemblymember Nakano to work with the Board of Directors and staff of the California Energy Commission (CEC) to expedite the license approval process for the El Segundo Generating Station Repowering Project located at 301 Vista Del Mar, El Segundo, California. Recommendation — (1) Approve and sign the attached letters to the Governor, Senator Bowen and Assemblymember Nakano; (2) Alternatively, discuss and take other action related to this item. Mayor McDowell — PUBLIC COMMUNICATIONS — (Related to Citv Business Only — 5 minute limit per person, 30 minute limit total) Individuals who have receive value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so identify themselves prior to addressing the City Council. Failure to do so shall be a misdemeanor and punishable by a fine of $250. While all comments are welcome, the Brown Act does not allow Council to take action on any item not on the agenda. The Council will respond to comments after Public Communications is closed. MEMORIALS — CLOSED SESSION The City Council may move into a closed session pursuant to applicable law, including the Brown Act (Government Code Section §54960, et 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: tQ TIME: )_' 008 EL SEGUNDO CITY COUNCIL MEETING DATE: June 15, 2004 AGENDA ITEM STATEMENT AGENDA HEADING: COMMITTEES, COMMISSIONS & BOARDS AGENDA DESCRIPTION: Consideration and possible action regarding the appointment of a candidate to the Recreation & Parks Commission and announcement of next Interview date. RECOMMENDED COUNCIL ACTION: (1) Announce the Recreation & Parks Commission appointee and term; (2) Announce the date of interviews of candidates to the Library Board of Trustees and Senior Citizen Housing Corporation Board, and establish a deadline for filing applications; (3) Alternatively, discuss and take other action related to this item. BACKGROUND & DISCUSSION: Committee /Commission & Board: # of Openings Apoointee(s): Term Exoire(sl: Recreation & Parks Commission 1 05/30/08 ATTACHED SUPPORTING DOCUMENTS: N/A FISCAL IMPACT: N/A ORIGINATED: Date: June 3, 2004 l'eu, JUtid u{tZ. Executive Assistant REVIEWED BY: Date: June 4, 2004 Mary Stren ity Manager 1 009 EL SEGUNDO CITY COUNCIL MEETING DATE: June 15, 2004 AGENDA ITEM STATEMENT AGENDA HEADING: Committees, Boards and Commissions AGENDA DESCRIPTION: Consideration and possible action regarding the Request for Proposal for management services at Park Vista Senior Housing Complex, (615 East Holly Avenue). Fiscal Impact: None RECOMMENDED COUNCIL ACTION: 1. Approve preparation and release of Request for Proposal 2. Alternatively, discuss and take other action regarding this item. BACKGROUND & DISCUSSION: The current contract term of the Management Company of Park Vista expired May 31, 2004 and an Amendment Agreement has been executed for June 1, 2004 through August 31, 2004 (as approved by the Senior Housing Board and City Council) for the period during the Request for Proposal process. The City and the El Segundo Senior Citizens Housing Corporation seeks proposals to manage the Park Vista Senior Citizen Housing complex for a three year period. The Request for Proposal is due to be opened on Thursday, July 15, 2004 and fully executed by September 1, 2004. ATTACHED SUPPORTING DOCUMENTS: None FISCAL IMPACT: None Operating Budget: Amount Requested: Account Number: Project Phase: Appropriation Required: _Yes X No ORIGINAT DATE: June 7, 2004 REVIEWED BY: DATE: Mary Strenn ity Manager G �j' 2 HID | ■!rlr = = = =- �_- ; ;!!;; „ ■rinE :r i } / \ \ i! (�� / §E !§ .. � < (\ /_\! § § §00D, 2( §, °r§!,= § | |)( §2 ;=� E( ,[§ § §■ / §](�i /� =l- BE § §![Z ;G; , ;! §la,�,�2`,. \m )w o § § \[ §§( |) }h /() § §,j) ..H U.E ;Zmx ;,u §lt; ;§! §■;!!B ■!rlr = = = =- �_- ; ;!!;; „ ■rinE :r i } / \ \ i! (�� / §E !§ .. � 01$ � ` 9 ■f ( ) ! a |ltfr ! |R!!; _ At !� ! »>E! �7j §!! ! ;• \ !j! 0 ! 01$ � CITY OF EL SEGUNDO PAYMENTS BY WIRE TRANSFER 5/21/2004 THROUGH 6/3/2004 Date Payee Amount 5/21/04 Federal Reserve Bank 350.00 5/26/04 Health Comp 507.12 6/1/04 Health Comp - 6/3/04 Employment Development 36,672.69 6/3/04 IRS 183,274.93 5/21- 6/3/04 Workers Comp Activity 26,024.76 DATE OF RATIFICATION: 6115/04 TOTAL PAYMENTS BY WIRE: Certified as to the accuracy of the wire transfers by: —))I (A A M . L " Dep Tre urer 246,829.50 t, ILI L� Date 6 -Y vy Dates Date Description Savings Bond I Series Weekly claims 5/21 Weekly claims 5/28 State Taxes Federal Taxes SCRMA checks issued Information on actual expenditures is available in the City Treasurers Office of the City of El Segundo. 246,829.50 012 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 - Present Mayor Pro Tern Gaines - Present Council Member Boulgarides - Present Council Member Busch - Present Council Member Jacobson - Present CLOSED SESSION: The City Council moved into a closed session pursuant to applicable law, including the Brown Act (Government Code Section §54960, gt seg.) for the purposes of conferring with the City's Real Property Negotiator; and /or conferring with the City Attorney on potential and /or existing litigation; and /or discussing matters covered under 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. El MINUTES OF THE REGULAR CITY COUNCIL MEETING MAY 18, 2004 PAGE NO. 1 (� `I0 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 27th (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 Tem Gaines - Present Council Member Boulgarides - Present Council Member Busch - Present Council Member Jacobson - Present MINUTES OF THE REGULAR CITY COUNCIL MEETING MAY 18, 2004 014 PAGE NO. 2 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 1. 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 NO. 3 015 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. 4/0. MAYOR PROTEM GAINES ABSENT 2. 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, which reduces the compensation to the consultant to an amount not to exceed $40,000, for the remainder of Fiscal Year 2003/2004, 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 item(s) will be considered individually under the next heading of business. MINUTES OF THE REGULAR CITY COUNCIL MEETING MAY 18, 2004 0 i GPAGE NO.4 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. 5. 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, Sol[ & 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. 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 0 17 PAGE NO. 5 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 Governor, announced a car wash fundraiser for the Glotz and Burns families, at Main and Mariposa on Saturday May 22. MINUTES OF THE REGULAR CITY COUNCIL MEETING AY 18, 2004 01 PAGE NO. 6 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. MINUTES OF THE SPECIAL MEETING OF THE EL SEGUNDO CITY COUNCIL THURSDAY, MAY 27, 2004 — 4:00 p.m. CALL TO ORDER - Mayor McDowell at 4:00 p.m. ROLL CALL Mayor McDowell - Present Mayor Pro Tern Gaines - Present — arrived at 4:05 p.m. Council Member Boulgarides - Present Council Member Busch - Present Council Member Jacobson - Present PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit per person, 30 minute limit total) Individuals who have received value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so identify themselves prior to addressing the City Council. Failure to do so shall be a misdemeanor and punishable by a fine of $250. MOVED by Council Member Boulgarides, SECONDED by Council Member Jacobson to move into a closed session. MOTION PASSED BY UNANIMOUS VOICE VOTE. 4/0. MAYOR PRO TEM GAINES ABSENT. Mark Hensley, City Attorney, noted for the record that the anticipated litigation pertained to LAX. CLOSED SESSION: The City Council moved into a closed session pursuant to applicable law, including the Brown Act (Government Code Section §54960, et secy.) 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 — ANTICIPATED LITIGATION Anticipated litigation pursuant to Government Code §54956.9(c): -1- potential case. ADJOURNMENT — 5:07 p.m. Cathy Domann, Deputy City 020 MINUTES OF THE SPECIAL MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, JUNE 1, 2004 — 3:00 p.m. CALL TO ORDER — Mayor McDowell at 3:00 p.m. ROLL CALL Mayor McDowell - Present Mayor Pro Tern Gaines - Present Council Member Boulgarides - Present Council Member Busch - Present Council Member Jacobson - Present PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit per person, 30 minute limit total) Individuals who have received value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so identify themselves prior to addressing the City Council. Failure to do so shall be a misdemeanor and punishable by a fine of $250. SPECIAL MATTERS — (INTERVIEWS WILL BE CONDUCTED IN THE WEST GARDEN CONFERENCE ROOM, CITY HALL BASEMENT LEVEL) 1. Interview of candidates for the Planning Commission. Interviews continued on 5:00 p.m. Regular Meeting Agenda. ADJOURNMENT — 4:55 p.m. Cathy Domann, Deputy City Clerk 0 21. REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, JUNE 1, 2004 — 5:00 P.M. 5:00 P.M. SESSION CALL TO ORDER — Mayor McDowell at 5:00 p.m. ROLL CALL Mayor McDowell - Present Mayor Pro Tem Gaines - Present Council Member Boulgarides - Present Council Member Busch - Present Council Member Jacobson - Present NEW BUSINESS Appointment of Labor Negotiators. MOVED by Mayor Pro Tem Gaines, SECONDED by Council Member Busch 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. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 Appointment of Labor Negotiators. 2. MOVED by Council Member Boulgarides, SECONDED by Council Member Busch 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). MOVED by Council Member Busch, SECONDED by Mayor Pro Tem Gaines to appoint Janet Miller Sheehan and Michael Kretzmer to full four -year terms on the Planning Commission to expire June 30, 2008; appoint Brian Schiltz to a partial term on the Planning Commission to expire June 30, 2007 and appoint Grant Carlson to a partial term on the Planning Commission to expire June 30, 2005. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 Council consensus to move into a closed session at 5:40 p.m. CLOSED SESSION: The City Council moved into a closed session pursuant to applicable law, including the Brown Act (Government Code Section §54960, et sue.) for the purposes of conferring with the City's Real Property Negotiator, and /or conferring with the City Attorney on potential and /or existing litigation, and /or discussing matters covered under Government Code Section §54957 (Personnel); and /or conferring with the City's Labor Negotiators; as follows: MINUTES OF THE REGULAR CITY COUNCIL MEETING JUNE 1, 2004 PAGE NO. 1 0;2 2 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) — 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 125 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. MINUTES OF THE REGULAR CITY COUNCIL MEETING JUNE 1, 2004 0 2T NO. 2 REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, JUNE 1, 2004 — 7:00 P.M. 7:00 P.M. SESSION CALL TO ORDER — Mayor McDowell at 7:00 p.m. INVOCATION — Pastor Jeannie Kuhn of the Community of Christ PLEDGE OF ALLEGIANCE — Council Member Carl Jacobson PRESENTATIONS — ROLL CALL Mayor McDowell - Present Mayor Pro Tern Gaines - Present Council Member Boulgarides - Present Council Member Busch - Present Council Member Jacobson - Present PUBLIC COMMUNICATIONS — (Related to City Business Only — 5 minute limit per person, 30 minute limit total) Individuals who have received value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so identify themselves prior to addressing the City Council. Failure to do so shall be a misdemeanor and punishable by a fine of $250. While all comments are welcome, the Brown Act does not allow Council to take action on any item not on the agenda. The Council will respond to comments after Public Communications is closed. Dan Erhler, Chamber of Commerce, spoke regarding item 8, the re- appointment of Denise DiPasquale to the South Bay Workforce Investment Board. A. PROCEDURAL MOTIONS MOVED by Mayor Pro Tern Gaines, SECONDED by Council Member Jacobson to read all ordinances and resolutions on the Agenda by title only. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 B. SPECIAL ORDERS OF BUSINESS 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). MINUTES OF THE REGULAR CITY COUNCIL MEETING JUNE 1, 2004 024 PAGE NO.3 Council Member Busch not participating on this item due to a possible Conflict of Interest regarding the location of his home. Mr. Busch left the Chamber at 7:05 p.m. Council Member Jacobson requested staff to re- instate the classes in the building, contact an architect to check out the structural, electrical and plumbing needs, and see if the building could be renovated and possibly expanded to meet the community needs. Simone Jurjis, Building Official, stated a study would take approximately 3 months to evaluate to see if the Clubhouse could be renovated and retrofitted and at what cost . Stacia Mancini, Director of Recreation and Parks, stated staff can re- evaluate the use of the building for an improved usage for classes. MOVED by Council Member Jacobson, SECONDED by Mayor Pro Tern Gaines to reject all bids and authorize staff to place the project `on hold ". Approve Change Order No. 4 of $25,000 to the original purchase order (no additional appropriations required) for LPA. MOTION PASSED BY UNANIMOUS VOICE VOTE. 4/0. COUNCIL MEMBER BUSCH NOT PARTICIPATING DUE TO A POTENTIAL CONFLICT. Council consensus to direct staff to return with an estimated cost on the above requested items that either could be accomplished by existing employees or an outside contractor. Also, staff was directed to prepare a report on costs to upgrade the facility and possibly expand the building and to return with a report on re- evaluating the usage of the existing facilities. Council Member Busch returned to the dais. 2. 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). Jim Hansen, Director of Community, Economic and Development Services, gave a report. MOVED by Mayor Pro Tern Gaines, SECONDED by Council Member Boulgarides to 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. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 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. Mary Strenn, City Manager, gave a report. MINUTES OF THE REGULAR CITY COUNCIL MEETING JUNE 1, 2004 02 .n' PAGE NO.4 MOVED by Mayor Pro Tem Gaines, SECONDED by Council Member Busch to adopt Resolution No. 4380 approving the golf course refinancing /refunding bonds with La Salle Bank with a total refinancing amount not to exceed $3,435,000. Approve the final fees associated with the refunding /refinancing of $63,000 (financial advisor, bond counsel, escrow agent, title insurance, and other incidental expenses). Authorize staff to complete the financing. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 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. Staff was directed to schedule interviews for Recreation and Parks June 15, 2004 at 3:00 p.m. Council consensus to 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. Mayor McDowell announced the following appointments: Janet Miller Sheehan and Mike Kretzmer to full four -year terms on the Planning Commission to expire June 30, 2008; Brian Schultz to a partial term on the Planning Commission to expire June 30, 2007; and Grant Carlson, to a partial term on the Planning Commission to expire June 30, 2005. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 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. Mary Strenn, City Manager, gave a report. MOVED by Council Member Boulgarides, SECONDED by Council Member Busch to approve the Recreation and Parks Commissions' changes to the regulations respecting the City's Skateboard Park. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 Mark Hensley, City Attorney, read the following: ORDINANCE NO. 1372 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. Mayor Pro Tem Gaines introduced the ordinance. E. CONSENT AGENDA MINUTES OF THE REGULAR CITY COUNCIL MEETING JUNE 1, 2004 026 PAGE NO.5 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. Approved 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. 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. 7. PULLED BY CITY CLERK MORTESEN 8. Approved the re- appointment of private sector business representative from the City of El Segundo, Denise DiPasquale, to the South Bay Workforce Investment Board (SBWIB). Directed the City Clerk to forward a certified copy of the Council's action to the SBWIB. 9. PULLED FOR DISCUSSION BY COUNCIL MEMBER JACOBSON 10. Approved Professional Services Agreement No. 3341 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. Authorized the City Manager to execute on behalf of the City. 11. Adopted Ordinance No. 1374 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. 12. Awarded Contract No. 3342 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). Authorized the City Manager to execute the contract on behalf of the City in a form approved by the City Attorney. 13. Accepted the work as complete on 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). Authorized the City Clerk to file the City Engineer's Notice of Completion in the County Recorder's Office. 14. Approved a piggyback lease on County of Los Angeles Contract # 41386 for the lease of one Oc6 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. Authorized the City Manager to execute an amendment to the City's Master Frequent Copy Rental Agreement No. 3065. Waived the formal bidding process pursuant to El Segundo Municipal Code 1 -7 -10. MINUTES OF THE REGULAR CITY COUNCIL MEETING 0 2 rl JUNE PAGE NO. 15. Adopted Resolution No. 4381 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) 16. Awarded 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) Authorized the City Manager to execute contract amendment. Mary Strenn, City Manager, noted that the last two paragraphs on the staff report pertaining to Item 15 were inadvertently added to the report and should be deleted and that the last paragraph of the resolution should read "City of El Segundo." MOVED by Mayor Pro Tern Gaines, SECONDED by Council Member Jacobson to approve Consent Agenda Numbers 6, 8, 10, 11, 12, 13, 14, 15 and 16. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 9. Consideration and possible action regarding a status report on the update to the Circulation Element of the General Plan. MOVED by Council Member Jacobson, SECONDED by Mayor Pro Tem Gaines to receive and file a status report on the update to the Circulation Element of the General Plan. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 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). MOVED by Mayor Pro Tern Gaines, SECONDED by Council Member Jacobson to award Professional Services Agreement No. 3343 to the most responsible bidder, Pinkerton Government Services, Inc., in the amount of $10,350. Authorized the City Manager to execute a Professional Services Agreement in a form approved by the City Attorney. Authorized the City Manager to execute four additional one -year extensions for a total of five, one -year contracts. Authorized the creation of a revenue account number to track fees received. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 18. 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). MOVED by Council Member Jacobson, SECONDED by Mayor Pro Tern Gaines to authorize the Fire Department Mutual Apparatus and Equipment Loan Agreement No. 3344 and authorize the Mayor to sign the Agreement. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 MINUTES OF THE REGULAR CITY COUNCIL MEETING JUNE 1, 2004 028 PAGE NO.7 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 — Spoke regarding Super CPR Saturday and reported on referrals he had made to staff from citizens. He requested to agendize for a future meeting his report on the status of El Segundo Beach Improvements. He also reported on Steinberg's Assembly Bill, and requested a letter stating the City's opposition be agendized for a future meeting. Council Member Busch — Announced that he was working with Los Angeles City Council Member Wizakowski's office regarding the Grand Avenue Trees. Council Member Jacobson — None Mayor Pro Tern Gaines — Reported on the SBCOG meeting. He also reported on the Homeland Defense Conference he attended in San Diego. He further requested of them to educate and communicate with elected officials and police and fire members. Requested more information on the Dockweiler Beach Youth Aquatic Program that is supervised by Lifeguards. He also requested an item be agendized regarding a letter requesting approval of the power plant. Mayor McDowell — Announced the upcoming Library Author Fair. 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. Peggy Tyrell, Resident; spoke regarding the post office mail boxes that have been removed from in front of the post office. She requested someone to find out when they will be replaced. The boxes will be replaced soon. MEMORIALS — Melody Steinberg, Member of the Board of Directors, Tree Muskateers. CELEBRATIONS — Braden Sam Schultz was born to Jody and Brian Schultz CLOSED SESSION — None MINUTES OF THE REGULAR CITY COUNCIL MEETING JUNE 1, 2004 029 PAGE NO.8 ADJOURNMENT — 8:05 P.M. Cindy Mortesen, City Clerk MINUTES OF THE REGULAR CITY COUNCIL MEETING JUNE 1, 2004 030PAGE NO. 9 EL SEGUNDO CITY COUNCIL MEETING DATE: June 15. 2004 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Calendar AGENDA DESCRIPTION: Consideration and possible action regarding the waiver of fees forCityservices associated with the Pacifica District Cub Scout Soap Box Derby. (Fiscal Impact $900) RECOMMENDED COUNCIL ACTION: 1) To waive fees for Cityservices associated with the Pacifica District Cub Scout Soap Box Derby. 2) Alternatively, discuss and take other action on related to this item. BACKGROUND & DISCUSSION: The City has received a permit application from the Boy Scouts of America, Los Angeles Area Council, Pacifica District along with a letter from El Segundo Cub Scout Pack 968 and the Pacifica District to use Grand Ave. from Sheldon to Standard on Saturday, July 10th from 9:00 a.m. — 5:00 p.m. inclusive of set up and breakdown, for their annual Soap Box Derby Run. The application requests the assistance of the El Segundo Police Department for traffic control, notification to RTD to re -route bus lines, and the use of city barricades which can be dropped off at both Standard and Sheldon St. intersections and provide necessary street posting. The request also includes the use of the Teen Center parking lot. The Scouts also plan to sell T- Shirts and food and have a DJ on the Boy Scout lot to host the festivities. Cost of fees to waive including Police, Streets and Recreation and Parks, is estimated at $900. The Recreation and Parks Director has the authority to issue the permit, for the event, but the fee waiver request must be approved by City Council. The city is awaiting the certificate of insurance from the Boy Scouts of America, Los Angeles Area Council, which will be forward to the Recreation office as soon as received by the El Segundo Cubmaster. ATTACHED SUPPORTING DOCUMENTS: 1- Letter of Request from Jon M. Goodney, Cubmaster, Pack 968 FISCAL IMPACT: Operating Budget: Amount Requested: Account Number: Project Phase: Appropriation Required: _Yes X No ORIGINATED:�� Stacia Mancini, Director of Recreation and Parks REVIEWED BY: Strenn, DATE: DATE: June 2, 2004 c/0 5 031 El Segundo City Council 350 Main Street El Segundo, CA 90245 Jon M. Goodney Cubmaster Pack 968, Boy Scouts of America 1122 E. Acacia Ave. El Segundo, CA 90245 (310) 322 -2339 March 16, 2004 Dear El Segundo City Council, El Segundo Cub Scout Pack 968, in conjunction with the Pacifica District, Boy Scouts of America requests the use of Grand Avenue from Sheldon to Standard on Saturday July I Oa`, 2004 from 11:00 AM to 5:00 PM for the annual Cub Scout Soap Box Derby Race. This is an annual event sponsored by our local Pack and you have our previous requests on file. We are also requesting the assistance of the El Segundo Police Department for traffic control and that the City inform the Rapid Transit District (RTD) bus lines. We would also appreciate the use as in the past of city barricades to close the road and request they be dropped off the day before the race as done before. Last year close to 200 people participated in this event, many from outside the City who enjoyed the hospitality of our community and patronized many of the local business establishments. We sincerely appreciate the City's continued support of Scouting in the South Bay area. I would appreciate it if you would advise me when this matter will appear on the City Council agenda. Sincerely, Jon M. Goodney Cubmaster, Pack 968 032 EL SEGUNDO CITY COUNCIL AGENDA ITEM STATEMENT AGENDA DESCRI MEETING DATE: June 15, 2004 HEADING: 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 Citv's Skateboard Park. (No Fiscal RECOMMENDED Recommendation — (1) Second reading by title only and adoption of Ordinance. (2) Alternatively, discuss and take other action related to this item. BACKGROUND & 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 unlawful.2 (Continued) ATTACHED SUPPORTING DOCUMENTS: Draft Ordinance FISCAL IMPACT: (None) Operating Budget: NA Account Number: NA Amount Requested: NA Project Phase: Appropriation Required: _Yes _ No ORIGINATED: DATE: Stacia Mancini, Director of Recreation and Parks a 6 ary Str City Manager 6 033 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 SIB 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.4 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. 034 ORDINANCE NO. 172 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 104-5. 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; 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. SECTION 2: Anew Chapter 4 is added to Title 10 of the El Segundo Municipal Code ( "ESMC ") to read as follows: Pagel of 4 035 "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 govern 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, and kneepads. 10 -4 -5: SIGNS. 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 SKATEBOARDING IS HAZARDOUS. THE MUNICIPAL CODE REQUIRES PERSONS Page 2 of 4 SUPERVISED. EL SEGUNDO USING THIS. 0 .3 SKATEBOARD PARK TO WEAR A HELMET, ELBOW PADS, AND KNEEPADS. FAILURE TO COMPLY 1S 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. SECTION 6: This Ordinance will become effective on the thirty -first (31st) day following its passage and adoption. PASSED AND ADOPTED this _ day of , 2004. Kelly McDowell, Mayor Page 3 of 4 037 ATTEST: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES CITY OF EL SEGUNDO ) SS 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 b h 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 i APPROVED AS F(iFtM - Mark D:;}Iens C't yty Attorney By: "Karl H. Berger Assistant City 4omey Ll Page 4 of 4 r c 038 EL SEGUNDO CITY COUNCIL MEETING DATE: June 15, 2004 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Aqenda Consideration and possible action regarding approval of a Professional Services Agreement to implement the Community Development Block Grant (CDBG) Senior In- Home Care Project between the City of El Segundo and Always Right Home Care for an amount not to exceed $30,000. Contract period: July 1, 2004 through June 30, 2005 with an option for annual renewal for up to two additional years. RECOMMENDED COUNCIL ACTION: 1. Approve the Professional Services Agreement with Always Right Home Care Services and authorize the City Manager to execute said Agreement; and /or, 2. Alternatively discuss and take other action related to this item. BACKGROUND & DISCUSSION: On January 20, 2004, the El Segundo City Council approved the 2004 -2005 Community Development Block Grant (CDBG) Program and budget, including the Senior In -Home Care Project. For almost fifteen years, the CDBG /Senior In -Home Care Project has annually provided more than 400 in -home visits to El Segundo elderly and severely disabled persons. A Request for Proposal was issued to identify a licensed, qualified home health care agency to provide senior in -home care services. The following firms submitted proposals: (continued on next page) ATTACHED SUPPORTING DOCUMENTS: Professional Services Agreement FISCAL IMPACT: Operating Budget: $35,000 ($5,400 CDBG, $29,600 General Fund Revenue from sale of unallocated funds to the City of San Fernando) Amount Requested: $35,000 ($30,000 for contract, $5,000 for outreach administrative support) Account Number: CDBG 111 - 2743 -6214 Project Phase: None Appropriation Required: _Yes X No ORIGINATED: DATE: June 8, 2004 Hansen. Director of Comm and Development Services Mrt "MW 1*T: DATE: Mary Str n, City Manager PAPlanning & Building Safety\ CDBG\ cdbg .ccmtg.srin- home.psa.6.15.04.doc ■■ 039 STAFF REPORT: June 15, 2004 Page 2 BACKGROUND AND DISCUSSION (continued) Home Instead Senior Care $16.00 /hour AccentCare $15.75 /hour Always Right Home Care $14.75 /hour Southview Home Care Services, Inc. $14.00 /hour All of the prospective respondents provide similar services. All agencies are private, for - profit, are licensed, and maintain workers' compensation and liability insurance on all agency staff. The City's current service provider, Southview Home Care was the lowest bidder. However, during Southview's first year of service (beginning July 1, 2003 through June 30, 2004), both City Outreach staff and many CDBG program clients (El Segundo residents) have voiced concerns regarding the quality and level of customer care provided. Specifically, program participants complain that the Southview Home Care providers are not always timely and may not arrive at all to the client homes. Notices of cancellation and rescheduling by Southview staff to City staff are not consistently made. Once at a client's home, staff receives reports that Southview's services prove mediocre and work is often incomplete. Staff consistently communicates with Southview in an attempt to improve service and, on at least two occasions held meetings with Southview to discuss service issues and identify possible solutions to improving care. Since that time, even with continuing communication, delivery of services has not markedly improved. Thus, in an effort to increase the quality of service provided to Senior In -Home Care program participants, staff recommends selecting the next lowest responsive bidder to provide home health care services. Always Right Home Care possesses experience in providing personal care and companion services to homebound elderly and disabled persons. Always Right Home Care's current President and CEO, Larry Spaeter, formerly President and CEO of Just Right Home Care, was the service provider for the El Segundo /CDBG Senior In -Home Care project from 1995 -2002. In 2002, AccentCare purchased Just Right Home Care. In 2003, Mr. Spaeter formed a new home health care agency, Always Right Home Care. A total of $35,000 in CDBG and General Funds have been approved and budgeted for the next fiscal year to support this project. Of the total amount of $35,000 for the Senior In- Home Care Project, $30,000 will be used to contract for professional services with the recommended home health care agency and the remaining $5,000 pays a portion of the Outreach Office part -time staff salary. The CDBG portion of the funding is $5,400 and the General Fund portion is $29,600. The General Fund portion will be paid from the General Revenue Funds in the amount of $75,734 that the City of El Segundo obtained by selling unallocated 2003 -2004 CDBG funds in January 2004 to the City of San Fernando in lieu of regular general fund contributions. PAPlanning & Building Saf ety\ CDBG\cdbg .ccmtg.srin- home.psa.6.15.64.doc 040 Agreement No. AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES BETWEEN THE CITY OF EL SEGUNDO AND ALWAYS RIGHT HOME CARE This AGREEMENT is entered into this first day of July 1, 2004, by and between the CITY OF EL SEGUNDO, a general law city and municipal corporation ( "CITY ") and ALWAYS RIGHT HOME CARE, INC., a California Corporation ( "CONSULTANT "). 1. RECITALS. This Agreement is entered into with reference to the following facts, objectives and understandings between the parties: A. CITY is a recipient of Community Development Block Grant (CDBG) funds through the County of Los Angeles. The CDBG program is funded by the United States Department of Housing and Urban Development (HUD) pursuant to Title 1 of the Housing and Community Development Act of 1984 as amended ( "ACT "). B. CITY approved the provisions of federal funds under the ACT to be used to provide professional services required under CITY's Community Development Block Grant Program. 2. CONSIDERATION. A. As partial consideration, CONSULTANT agrees to perform the work listed in the SCOPE OF SERVICES, below; B. As additional consideration, CONSULTANT and CITY agree to abide by the terms and conditions contained in this Agreement; C. As additional consideration, CITY agrees to pay CONSULTANT a sum not to exceed THIRTY THOUSAND dollars ($30,000) for CONSULTANT'S services. CITY may modify this amount as set forth below. Unless otherwise specified by written amendment to this Agreement, CITY will pay this sum as specified in the attached Exhibit "A," which is incorporated by reference. 3. SCOPE OF SERVICES. A. CONSULTANT will perform services listed in the attached Exhibit "A," which are incorporated herein. B. CONSULTANT must provide these services to CITY's residents in households meeting verified low and moderate - income criteria as established by HUD and the Los Angeles County Community Development Commission (`COUNTY "). At least 51% of such persons must meet said low and moderate household income criteria and must be CITY's residents. Residence information must be kept on all Page 1 of 11 041 clients served under this program. CITY will determine eligibility and which persons receive services under CDBG. C. CONSULTANT will, in a professional manner, furnish all of the labor, technical, administrative, professional and other personnel, all supplies and materials, equipment, printing, vehicles, transportation, office space and facilities, and all tests, testing and analyses, calculation, and all other means whatsoever, except as herein otherwise expressly specified to be furnished by CITY, necessary or proper to perform and complete the work and provide the professional services required of CONSULTANT by this Agreement. 4. PERFORMANCE STANDARDS. While performing this Agreement, CONSULTANT will use the appropriate generally accepted professional standards of practice existing at the time of performance utilized by persons engaged in providing similar services. CITY will continuously monitor CONSULTANT's services. CITY will notify CONSULTANT of any deficiencies and CONSULTANT will have fifteen (15) days after such notification to cure any shortcomings to CITY's satisfaction. Costs associated with curing the deficiencies will be borne by CONSULTANT. 5. DISPUTES AND REMEDIES. A. Claims, disputes, and other matters in question between the Parties arising out of or relating to this Agreement or the breach thereof, must be resolved by the following procedure: CITY and CONSULTANT will exercise their best efforts to resolve disputes through the development of a consensus. A meeting may be requested by either party at any time for the purpose of resolving a dispute. A determination by CITY's Community, Economic and Development Services Director will be made within two (2) weeks after a meeting to resolve the dispute; ii. If unresolved within thirty (30) days, then CITY's city manager, or designee, will make a final determination; iii. Following the city manager's final determination, the Parties may submit any unresolved matters to non - binding mediation. The parties may, but are not required to be, represented by counsel in mediation. iv. If the Parties do not agree to mediation, or if mediation does not resolve the Parties' dispute, the matter may be pursued in Los Angeles County Superior Court. B. The Parties' rights and remedies under this Agreement are in addition to any other rights and remedies provided by law. Page 2 of 1 I 0 4 ,t 6. PAYMENTS. CITY will pay CONSULTANT an hourly rate of $14.75 per hour for the Services listed above. Annual compensation is based upon an allocation of both CDBG funds and CITY funds. Compensation paid in future years is based on a portion of the CITY'S annual allocation, if and when CDBG funds are made available to CITY from COUNTY. The parties understand and agree that such reimbursement, if any, is conditioned upon receipt of CDBG funds by CITY from COUNTY. Such funds, if any, may be paid only after development and execution of a Memorandum of Understanding between CITY and COUNTY necessary to implement the project covered by this Agreement, and receipt and approval by CITY of a periodic detailed invoice, and any other program monitoring reports required by CITY, in a form specified by CITY. CITY will pay CONSULTANT as follows: After services have been rendered by CONSULTANT, a detailed invoice on forms mutually acceptable to both parties must be submitted to CITY. CITY will then process payment to CONSULTANT and pursue claim for payment from COUNTY, based upon said invoice. Payment will be made to CONSULTANT in the amount of the invoice as approved by CITY and subject to return to CITY should the COUNTY prove unwilling or unable to reimburse CITY for said payment. 7. FAMILIARITY WITH WORK. A. By executing this Agreement, CONSULTANT agrees that, to the best of CONSULTANT's knowledge and belief, CONSULTANT has i. Carefully investigated and considered the scope of services to be performed; ii. Carefully considered how the services should be performed; and iii. Understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement. B. If services involve work upon any site, CONSULTANT agrees that CONSULTANT has or will investigate the site and is or will be fully acquainted with the conditions there existing, before commencing the services hereunder. Should CONSULTANT discover any latent or unknown conditions that may materially affect the performance of the services, CONSULTANT will immediately inform CITY of such fact and will not proceed except at CONSULTANT's own risk until written instructions are received from CITY. 8. TERM. This Agreement will take effect on July 1, 2004 (the "Effective Date ") and shall continue until June 30, 2005, unless earlier terminated pursuant to the provisions hereof. The Agreement may be extended for two additional years at the CITY's sole discretion up to June 30, 2007. 9. TIME FOR PERFORMANCE. CONSULTANT will not perform any work under this Agreement until: A. CONSULTANT furnishes proof of insurance as required under Section 21 of this Page 3 of 11 043 Agreement; and B. CITY gives CONSULTANT a written, signed, and numbered purchase order in addition to a written Notice to Proceed. This Agreement will supersede any conflicting provisions included on the purchase order or notice to proceed issued pursuant to this Agreement. C. Should CONSULTANT begin work on any phase in advance of receiving written authorization to proceed, any such professional services are at CONSULTANT's own risk. 10. TAXPAYER IDENTIFICATION NUMBER. CONSULTANT will provide CITY with a Taxpayer Identification Number. 11. PERMITS AND LICENSES. CONSULTANT, at its sole expense, will obtain and maintain during the term of this Agreement, all necessary permits, licenses, and certificates that may be required in connection with the performance of services under this Agreement. 12. WAIVER. CITY's review or acceptance of, or payment for, work product prepared by CONSULTANT under this Agreement will not be construed to operate as a waiver of any rights CITY may have under this Agreement or of any cause of action arising from CONSULTANT's performance. A waiver by CITY of any breach of any term, covenant, or condition contained in this Agreement will not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained in this Agreement, whether of the same or different character. 13. TERMINATION. A. Except as otherwise provided, CITY may terminate this Agreement at any time with or without cause. B. CONSULTANT may terminate this Agreement at any time with CITY's mutual consent. Notice will be in writing at least thirty (30) days before the effective termination date. C. Upon receiving a termination notice, CONSULTANT will immediately cease performance under this Agreement unless otherwise provided in the termination notice. Except as otherwise provided in the termination notice, any additional work performed by CONSULTANT after receiving a termination notice will be performed at CONSULTANT" own cost; CITY will not be obligated to compensate CONSULTANT for such work. D. Should termination occur, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports and other materials prepared by CONSULTANT will, at CITY's option, become CITY's property, and CONSULTANT will receive just and equitable compensation for any work satisfactorily completed up Page 4 of 11 (' Q i to the effective date of notice of termination, not to exceed the total costs under Section 2(C). E. Should the Agreement be terminated pursuant to this Section, CITY may procure on its own terms services similar to those terminated. F. By executing this document, CONSULTANT waives any and all claims for damages that might otherwise arise from CITY's termination under this Section. 14. NOTICE OF BREACH AND OPPORTUNITY TO CURE. Neither party will be deemed to be in breach of this Agreement based on a breach that is capable of being cured until it has received written notice of the breach from the other party. The party charged with breach will have fifteen (15) days from the date of receiving such notice in which to cure the breach or otherwise respond. If the circumstances leading to the charge that the Agreement was breached have not been cured or explained to the satisfaction of the other party within fifteen (15) days from the date on which the party received notice of breach, the non- breaching party may terminate this Agreement. 15. OWNERSHIP OF DOCUMENTS. All documents, data, studies, drawings, maps, models, photographs and reports prepared by CONSULTANT under this Agreement are CITY's property. CONSULTANT may retain copies of said documents and materials as desired, but will deliver all original materials to CITY upon CITY's written notice. CITY agrees that use of CONSULTANT's completed work product, for purposes other than identified in this Agreement, or use of incomplete work product, is at CITY's own risk. CITY will indemnify and hold CONSULTANT harmless for any use of the work product other than as contemplated by this Agreement. 16. PUBLICATION OF DOCUMENTS. Except as necessary for performance of service under this Agreement, no copies, sketches, or graphs of materials, including graphic art work, prepared pursuant to this Agreement, will be released by CONSULTANT to any other person or City without CITY's prior written approval. All press releases, including graphic display information to be published in newspapers or magazines, will be approved and distributed solely by CITY, unless otherwise provided by written agreement between the parties. 17. INDEMNIFICATION. A. CONSULTANT agrees to the following: I. Indemnification for Professional Services. CONSULTANT will save harmless and indemnify and at CITY's request reimburse defense costs for CITY and all its officers, employees and representatives from and against any and all suits, actions, or claims, of any character whatever, brought for, or on account of, any injuries or damages sustained by any person or property resulting or arising from any negligent or wrongful act, error or omission by CONSULTANT or Page 5 of 11 045 any of CONSULTANT's officers, agents, employees, or representatives, in the performance of this Agreement. ii. Indemnification for other Damages. CONSULTANT indemnifies and holds CITY harmless from and against any claim, action, damages, costs (including, without limitation, attorney's fees), injuries, or liability, arising out of this Agreement, or its performance. Should CITY be named in any suit, or should any claim be brought against it by suit or otherwise, whether the same be groundless or not, arising out of this Agreement, or its performance, CONSULTANT will defend CITY (at CITY's request and with counsel satisfactory to CITY) and will indemnify CITY for any judgment rendered against it or any sums paid out in settlement or otherwise. B. For purposes of this section "CITY" includes CITY's officers, officials, employees, agents, and representatives. C. It is expressly understood and agreed that the foregoing provisions will survive termination of this Agreement. D. The requirements as to the types and limits of insurance coverage to be maintained by CONSULTANT as required by Section 25, and any approval of said insurance by CITY, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by CONSULTANT pursuant to this Agreement, including, without limitation, to the provisions concerning indemnification. 18. ASSIGNABILITY. This Agreement is for CONSULTANT's professional services. CONSULTANT's attempts to assign the benefits or burdens of this Agreement without CITY's written approval are prohibited and will be null and void. 19. INDEPENDENT CONTRACTOR. CITY and CONSULTANT agree that CONSULTANT will act as an independent contractor and will have control of all work and the manner in which is it performed. CONSULTANT will be free to contract for similar service to be performed for other employers while under contract with CITY. CONSULTANT is not an agent or employee of CITY and is not entitled to participate in any pension plan, insurance, bonus or similar benefits CITY provides for its employees. Any provision in this Agreement that may appear to give CITY the right to direct CONSULTANT as to the details of doing the work or to exercise a measure of control over the work means that CONSULTANT will follow the direction of the CITY as to end results of the work only. 20. AUDIT OF RECORDS. CONSULTANT will maintain full and accurate records with respect to all services and matters covered under this Agreement. CITY will have free access at all reasonable times to such records, and the right to examine and audit the same and to make transcript therefrom, and to inspect all program data, documents, proceedings and activities. Page 6 of 11 f 4 1} CONSULTANT will retain such financial and program service records for at least four (4) years after termination or final payment under this Agreement. 21. INSURANCE. A. Before commencing performance under this Agreement, and at all other times this Agreement is effective, CONSULTANT will procure and maintain the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below: Type of Insurance Commercial general liability Professional Liability Business automobile liability Workers compensation Limits (combined single) $1,000,000 $0 $1,000,000 $1,000,000 B. Commercial general liability insurance will meet or exceed the requirements of ISO - CGL Forms. The amount of insurance set forth above will be a combined single limit per occurrence for bodily injury, personal injury, and property damage for the policy coverage. Liability policies will be endorsed to name CITY, its officials, and employees as "additional insureds" under said insurance coverage and to state that such insurance will be deemed "primary" such that any other insurance that may be carried by CITY will be excess thereto. Such insurance will be on an "occurrence," not a "claims made," basis and will not be cancelable or subject to reduction except upon thirty (30) days prior written notice to CITY. C. Automobile coverage will be written on ISO Business Auto Coverage Form CA 00 01 06 92, including symbol 1 (Any Auto). D. Professional liability coverage will be on an "occurrence basis" if such coverage is available, or on a "claims made" basis if not available. When coverage is provided on a "claims made basis," CONSULTANT will continue to maintain the insurance in effect for a period of three (3) years after this Agreement expires or is terminated ( "extended insurance "). Such extended insurance will have the same coverage and limits as the policy that was in effect during the term of this Agreement, and will cover CONSULTANT for all claims made by CITY arising out of any errors or omissions of CONSULTANT, or its officers, employees or agents during the time this Agreement was in effect. E. CONSULTANT will furnish to CITY duly authenticated Certificates of Insurance evidencing maintenance of the insurance required under this Agreement and such other evidence of insurance or copies of policies as may be reasonably required by CITY from time to time. Insurance must be placed with insurers with a current A.M. Best Company Rating equivalent to at least a Rating of "A:VII." Page 7 of 11 047 F. Should CONSULTANT, for any reason, fail to obtain and maintain the insurance required by this Agreement, CITY may obtain such coverage at CONSULTANT's expense and deduct the cost of such insurance from payments due to CONSULTANT under this Agreement or terminate pursuant to Section 13. 22. CDBG REQUIREMENTS. During the performance of this Agreement, CONSULTANT agrees to comply with the following federal provisions: A. Executive Order 11246 requires that during the performance of this Agreement, CONSULTANT agrees not to discriminate against any employee or applicant for employment because of race, religion, sex color or national origin. CONSULTANT will comply with all provisions of Executive Order 11246 of September 24, 1965 and of the rules, regulations, and relevant orders of Secretary of Labor. CONSULTANT will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations and orders of the Secretary of Labor, or pursuant thereto, and will permit access to books, records and accounts by the AGENCY and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders. B. Title VI of the Civil Rights Act of 1964 provides that no person will, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program activity receiving federal financial assistance. C. Section 109, Title 1 of the Housing and Community Development Act of 1974 provides that no person in the United States will, on the grounds of race, color, national origin, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under this title. D. Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973 prohibits discrimination on the basis of age or with respect to an otherwise qualified handicapped individual, as provided in Section 504 of the Rehabilitation Act of 1973, will also apply to any such program or activity. E. CONSULTANT must also comply with all regulations of the Americans with Disabilities Act (ADA) of 1990 (42 USC §§ 12101 et. seq.). I Section 3 of the Housing and Community Development Act of 1968, as amended, 12 USC §§ 1701 et. seq., " Compliance in the Provision of Training, Employment and Business Opportunities requires that the work to be performed under this Agreement is on a project assisted under a program providing direct federal financial assistance from the Department of Housing and Urban Development and is subject to the requirements of Section 3 of the Housing and Page 8 of 11 ME Urban Development Act of 1968, as amended, 12 USC § 1701u. Section 3 requires that, to the greatest extent feasible, opportunities for training and employment be given to lower income residents of the project area and contract for work in connection with the project be awarded to business concerns, which are located in or owned in substantial part by persons residing in the area of the project. The parties of this Agreement will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 CFR § 135, and all applicable rules and orders of the Department issued thereunder before executing this Agreement. The parties to this Agreement certify and agree that they are under no contractual or other disability that would prevent them from complying with these requirements. 2. Lobbying Certification. CONSULTANT must include the language of this certification in all subcontracts; all subcontractors must certify and disclose accordingly. F. It is understood that each person/entity/firm who applies for a Community Development Commission contract, and as part of that process, must certify that they are familiar with the requirements of Los Angeles County Chapter 2.160 (Los Angeles County Ordinance 93- 0031). Persons /entities /firms acting on behalf of the above named firm must comply with the County Code. Any person/entity/firm seeking a contract with Community Development Commission will be disqualified for such a contract; be denied the contract; be liable in civil action, if any lobbyist, lobbying firm, lobbyist employer or any other person or entity acting on behalf of the above named firm fails to comply with the provisions of the County Code. 23. USE OF CONSULTANT. CONSULTANT must obtain CITY's prior written approval to use any consultants while performing any portion of this Agreement. Such approval must approve of the proposed consultant and the terms of compensation. 24. INCIDENTAL TASKS. CONSULTANT will meet with CITY monthly to provide the status on the project, which will include a schedule update and a short narrative description of progress during the past month for each major task, a description of the work remaining and a description of the work to be done before the next schedule update. 25. NOTICES. All communications to either party by the other party will be deemed made when received by such party at its respective name and address as follows: CITY James Hansen, Director of Community, Economic and Development Services City of El Segundo 350 Main Street El Segundo, CA 90245 Phone: (310) 524 -2300 Page 9 of 11 CONSULTANT Larry S. Spaeter, CEO ALWAYS RIGHT HOME CARE, 9700 Reseda Blvd., Suite 105 Northridge, CA 91324 Phone: (818) 886 -1602 1'' 1 1) Any such written communications by mail will be conclusively deemed to have been received by the addressee upon deposit thereof in the United States Mail, postage prepaid and properly addressed as noted above. In all other instances, notices will be deemed given at the time of actual delivery. Changes may be made in the names or addresses of persons to who notices are to be given by giving notice in the manner prescribed in this paragraph. 26. CONFLICT OF INTEREST. CONSULTANT will comply with all conflict of interest laws and regulations including, without limitation, CITY's conflict of interest regulations. 27. SOLICITATION. CONSULTANT maintains and warrants that it has not employed nor retained any company or person, other than CONSULTANT's bona fide employee, to solicit or secure this Agreement. Further, CONSULTANT warrants that it has not paid nor has it agreed to pay any company or person, other than CONSULTANT's bona fide employee, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Should CONSULTANT breach or violate this warranty, CITY may rescind this Agreement without liability. 28. INTERPRETATION. This Agreement was drafted in, and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this agreement will be in Los Angeles County. 29. ENTIRE AGREEMENT. This Agreement, and its Attachments, sets for the entire understanding of the parties. There are no other understandings, terns or other agreements expressed or implied, oral or written. There is one (-L—) Attachment to this Agreement. This Agreement will bind and inure to the benefit of the parties to this Agreement and any subsequent successors and assigns. 30. RULES OF CONSTRUCTION. Each Party had the opportunity to independently review this Agreement with legal counsel. Accordingly, this Agreement will be construed simply, as a whole, and in accordance with its fair meaning; it will not be interpreted strictly for or against either Party. 31. SEVERABILITY. If any portion of this Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Agreement will continue in full force and effect. 32. AUTHORITY/MODIFICATION. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Agreement and to engage in the actions described herein. This Agreement may be modified by written amendment. CITY's city manager, or designee, may execute any such amendment on behalf of CITY. 33. ACCEPTANCE OF FACSIMILE SIGNATURES. The Parties agree that this Agreement, agreements ancillary to this Agreement, and related documents to be entered into in connection with this Agreement will be considered signed when the signature of a party is Page 10 of 11 050 delivered by facsimile transmission. Such facsimile signature will be treated in all respects as having the same effect as an original signature. 34. TIME IS OF ESSENCE. Time is of the essence for each and every provision of this Agreement. 35. STATEMENT OF EXPERIENCE. By executing this Agreement, CONSULTANT represents that it has demonstrated trustworthiness and possesses the quality, fitness and capacity to perform the Agreement in a manner satisfactory to CITY. CONSULTANT represents that its financial resources, surety and insurance experience, service experience, completion ability, personnel, current workload, experience in dealing with private consultants, and experience in dealing with public agencies all suggest that CONSULTANT is capable of performing the proposed contract and has a demonstrated capacity to deal fairly and effectively with and to satisfy a public agency. IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written. CITY OF EL SEGUNDO, ALWAYS RIGHT HOME CARE a municipal corporation. Mary Strenn, City Manager ATTEST: Cindy Mortesen, City Clerk APPROVED AS TO MARK D. HENSLU - Karl H. Berger, Assistant City PAPlanning & Larry S. Spaeter, CEO Taxpayer ID No. ATTORNEY Page 11 of 11 WAYS RIGHT.doc 051 CITY OF EL SEGUNDO SENIOR IN -HOME CARE PROJECT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM 2004 -2005 EXHIBIT A SCOPE OF SERVICES Under the Community Development Block Grant Program, Always Right Home Care agrees to provide home health /assisted living services to approximately 30 -35 El Segundo seniors and severely disabled adults who may need medical, physical, and /or companion care services, beginning July 1, 2004 through June 30, 2005 (with a two -year renewal option through June 30, 2007), at a rate of $14.75 per hour. Always Right Home Care agrees to provide El Segundo residents with qualified, professional home health care providers. The City of El Segundo will determine client eligibility based upon the federal Community Development Block Grant Program and will refer eligible clients to Always Right Home Care for home health care evaluation and service delivery. SCOPE OF WORK The Scope of Work shall include but not be limited to the following items: Provide home health care support services by a trained home health care companion, as necessary, to any new or continuing El Segundo homebound residents who require help with day -to -day activities due to long -term disability, illness, recovery, or natural occurrences of aging. Such assistance may include, but may not be limited to: assistance with personal care (bathing and dressing), preparation of meals, help with walking, help with leaving and entering bed, medication reminders, light housekeeping (including, but not limited to: vacuuming, mopping, laundry, dishwashing) and, companionship. Advanced home health care services that require a Certified Nursing Assistant (CNA) to be in attendance may be offered to El Segundo clients, on a case -by -case basis, and as long as prior written authorization is obtained by the City of El Segundo. • Receive and process, within one business day, requests for client services from the City of El Segundo Department of Recreation and Parks Outreach staff. • Contact El Segundo resident and arrange for appointment within one business day following receiving City's request for service. • Coordinate with City Parks and Recreation Outreach staff to determine client service plan and establish dates and times for client services. • Prepare and submit billing and client service reports to the Outreach staff by the tenth of every month. A minimum of three service hours per visit will be provided to eligible El Segundo In -Home Service clients, unless the number of service hours can be combined at one congregate site (i.e., Park Vista Senior Housing Complex). No single visit to one client will exceed a maximum of four (4) service hours, unless prior written authorization is obtained from the City of El Segundo. cft.srinhomecare . psa. Exhibit A.04 052 CITY OF EL SEGUNDO SENIOR IN -HOME CARE PROJECT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM 2004 -2005 EXHIBIT A SCOPE OF SERVICES Under the Community Development Block Grant Program, Always Right Home Care agrees to provide home health /assisted living services to approximately 30 -35 El Segundo seniors and severely disabled adults who may need medical, physical, and /or companion care services, beginning July 1, 2004 through June 30, 2005 (with a two -year renewal option through June 30, 2007), at a rate of $14.75 per hour. Always Right Home Care agrees to provide El Segundo residents with qualified, professional home health care providers. The City of El Segundo will determine client eligibility based upon the federal Community Development Block Grant Program and will refer eligible clients to Always Right Home Care for home health care evaluation and service delivery. SCOPE OF WORK The Scope of Work shall include but not be limited to the following items: Provide home health care support services by a trained home health care companion, as necessary, to any new or continuing El Segundo homebound residents who require help with day -to -day activities due to long -term disability, illness, recovery, or natural occurrences of aging. Such assistance may include, but may not be limited to: assistance with personal care (bathing and dressing), preparation of meals, help with walking, help with leaving and entering bed, medication reminders, light housekeeping (including, but not limited to: vacuuming, mopping, laundry, dishwashing) and, companionship. Advanced home health care services that require a Certified Nursing Assistant (CNA) to be in attendance may be offered to El Segundo clients, on a case -by -case basis, and as long as prior written authorization is obtained by the City of El Segundo. • Receive and process, within one business day, requests for client services from the City of El Segundo Department of Recreation and Parks Outreach staff. • Contact El Segundo resident and arrange for appointment within one business day following receiving City's request for service. • Coordinate with City Parks and Recreation Outreach staff to determine client service plan and establish dates and times for client services. • Prepare and submit billing and client service reports to the Outreach staff by the tenth of every month. A minimum of three service hours per visit will be provided to eligible El Segundo In -Home Service clients, unless the number of service hours can be combined at one congregate site (i.e., Park Vista Senior Housing Complex). No single visit to one client will exceed a maximum of four (4) service hours, unless prior written authorization is obtained from the City of El Segundo. cdbg.srinhomecare.psa. Exhibit A.04 0 53 EL SEGUNDO CITY COUNCIL AGENDA ITEM STATEMENT DESCRIPTION: MEETING DATE: June 15, 2004 AGENDA HEADING: Consent Agen Consideration and possible action regarding approval of a Professional Services Agreement to implement the Community Development Block Grant (CDBG) Home Delivered Meals Project between the City of El Segundo and NDK Foods, Inc., for an amount not to exceed $25,000 (plus client donations). Contract period: July 1, 2004 through June 30, 2005 with an option for annual review and renewal not to exceed a total of three years, through June 30, 2007. RECOMMENDED COUNCIL ACTION: 1. Approve the Professional Services Agreement with NDK Foods, Inc., and authorize the City Manager to execute said Agreement; and /or, 2. Alternatively, discuss and take other action related to this item. On January 20, 2004, the City Council approved the 2004 -2005 Community Development Block Grant (CDBG) Program and budget, including the Home Delivered Meals Project. For more than ten years, the City of El Segundo has operated a Home Delivered Meals (HDM) Project. The City's homebound low and moderate income senior adults and severely disabled persons receive one hot meal with beverage Monday through Friday and, upon request, may receive one frozen meal for weekend consumption. Approximately 7,000 to 7,500 meals are served annually to 30 -35 CDBG eligible, homebound El Segundo residents. Since July 2002, Oldtimers Foundation has been the City's home delivered meals service provider, at a cost of $6.00 per meal. This year, the City was able to identify a lower cost service provider ($3.05 per meal), NDK Foods, Inc. ATTACHED SUPPORTING DOCUMENTS: Professional Services Agreement yl;3da1�L'd�3�3� Operating Budget: $30,000 ($5,400 CDBG, $24,600 General Fund Revenue from sale of unallocated funds to the City of San Fernando) Amount Requested: $30,000 ($25,000 for contract and $5,000 for outreach administrative support) Account Number: CDBG 111 - 2778 -6214 Project Phase: None Appropriation Required: _Yes X No une , Jamq Hansen, Director of Community, Economic and Development Services REVIEWED BY: DATE: Mary StSt n�Manager `` 7��`i V P,PLANMNG AND BLDGCDBG\ HomeDelive edMwle \CDBG CCMTG HDM6.1504 0 59 STAFF REPORT: June 15, 2004 Page 2 BACKGROUND AND DISCUSSION (continued) In addition to NDK Foods, Inc., three other agencies experienced in "meals -on- wheels" and catering program operations were contacted. The other agencies include: Oldtimers Foundation ($6.00 per meal), "Cookin' for You" ($10 -13 per meal), and Culver City Meals on Wheels (no transportation available). In addition to a higher price per meal, the other agencies were unable to provide services due to cost, timely distribution of meals, and /or distance from the City. NDK Foods, Inc., has its corporate office in Los Angeles, and maintains its industrial kitchen and distribution facility in Bell Gardens. NDK Foods, Inc. possesses extensive experience in the preparation, packaging and distribution of hot meals targeted for special needs persons. Among its current clients are the City of Los Angeles; International Institute of Los Angeles; Federation of Preschools, Headstart Program; and Alta Med Health Services. On average, NDK Foods, Inc. prepares and packages more than 4,000 hot meals daily for delivery to approximately eight organizations. NDK Foods, Inc., has been reviewed and certified for food preparation and distribution by the State of California Office of Health Services and the County of Los Angeles Health Department. They prepare meal menus that cycle regularly, are nutritionally balanced for low - fat/low salt diets, and are based on the dietary needs of persons 55 years of age and older. Staff conducted a site visit to NDK, Inc.'s kitchen facility and found it to be very clean, well managed and efficient. Staff also contacted existing NDK, Inc., clients to verify experience, food quality and timely delivery of meals. NDK Foods, Inc. will provide five -day per week hot meal service and, upon request, one weekend sandwich or frozen meal (excluding major holidays) at a cost of $3.05 per meal versus the $6.00 per meal formerly charged by Oldtimers Foundation. They will deliver the meals daily to the El Segundo Outreach Office. El Segundo volunteers distribute the hot meals to homebound residents. A total of $30,000 in CDBG and General Funds were approved and budgeted for fiscal year 2004 -2005 to support this project. Of the total amount of $30,000 for the Home Delivered Meals Project, $25,000 will be used to contract for professional services with the recommended meal provider and the remaining $5,000 pays a portion of the Outreach Office part-time staff salary. The CDBG portion is $5,400 and the General Fund portion is $24,600. The General Fund portion will be paid from the General Revenue Funds in the amount of $75,734 that the City of El Segundo obtained by selling unallocated 2003 -2004 CDBG funds in January 2004 to the City of San Fernando in lieu of regular fund contributions. Participant contributions that average an additional $12,000 annually bring the total of funds available for the program to $42,000. P.PLANNING AND BLDG .CDBG \Ho=Dehve e& \CDBG CCWG.HDM6. 1504 0 515 Agreement No. AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES BETWEEN THE CITY OF EL SEGUNDO AND NDK FOODS, INC. This AGREEMENT is entered into this first day of July 1, 2004, by and between the CITY OF EL SEGUNDO, a general law city and municipal corporation ( "CITY ") and NDK FOODS, INC., a California Corporation ( "CONSULTANT "). 1. RECITALS. This Agreement is entered into with reference to the following facts, objectives and understandings between the parties: A. CITY is a recipient of Community Development Block Grant (CDBG) funds through the County of Los Angeles. The CDBG program is funded by the United States Department of Housing and Urban Development (HUD) pursuant to Title 1 of the Housing and Community Development Act of 1984 as amended ( "ACT "). B. CITY approved the provisions of federal funds under the ACT to be used to provide professional services required under CITY's Community Development Block Grant Program. 2. CONSIDERATION. A. As partial consideration, CONSULTANT agrees to perform the work listed in the SCOPE OF SERVICES, below; B. As additional consideration, CONSULTANT and CITY agree to abide by the terms and conditions contained in this Agreement; C. As additional consideration, CITY agrees to pay CONSULTANT a sum not to exceed TWENTY FIVE THOUSAND dollars ($25,000) for CONSULTANT'S services. CITY may modify this amount as set forth below. Unless otherwise specified by written amendment to this Agreement, CITY will pay this sum as specified in the attached Exhibit "A," which is incorporated by reference. 3. SCOPE OF SERVICES. A. CONSULTANT will perform services listed in the attached Exhibit "A," which are incorporated herein. B. CONSULTANT must provide these services to CITY's residents in households meeting verified low and moderate - income criteria as established by HUD and the Los Angeles County Community Development Commission ( "COUNTY "). At least 51% of such persons must meet said low and moderate household income criteria and must be CITY's residents. Residence information must be kept on all Page 1 of 11 056 clients served under this program. CITY will determine eligibility and which persons receive services under CDBG. C. CONSULTANT will, in a professional manner, furnish all of the labor, technical, administrative, professional and other personnel, all supplies and materials, equipment, printing, vehicles, transportation, office space and facilities, and all tests, testing and analyses, calculation, and all other means whatsoever, except as herein otherwise expressly specified to be furnished by CITY, necessary or proper to perform and complete the work and provide the professional services required of CONSULTANT by this Agreement. 4. PERFORMANCE STANDARDS. While performing this Agreement, CONSULTANT will use the appropriate generally accepted professional standards of practice existing at the time of performance utilized by persons engaged in providing similar services. CITY will continuously monitor CONSULTANT's services. CITY will notify CONSULTANT of any deficiencies and CONSULTANT will have fifteen (15) days after such notification to cure any shortcomings to CITY's satisfaction. Costs associated with curing the deficiencies will be home by CONSULTANT. 5. DISPUTES AND REMEDIES. A. Claims, disputes, and other matters in question between the Parties arising out of or relating to this Agreement or the breach thereof, must be resolved by the following procedure: i. CITY and CONSULTANT will exercise their best efforts to resolve disputes through the development of a consensus. A meeting may be requested by either party at any time for the purpose of resolving a dispute. A determination by CITY's Community, Economic and Development Services Director will be made within two (2) weeks after a meeting to resolve the dispute; ii. If unresolved within thirty (30) days, then CITY's city manager, or designee, will make a final determination; iii. Following the city manager's final determination, the Parties may submit any unresolved matters to non - binding mediation. The parties may, but are not required to be, represented by counsel in mediation. iv. If the Parties do not agree to mediation, or if mediation does not resolve the Parties' dispute, the matter may be pursued in Los Angeles County Superior Court. B. The Parties' rights and remedies under this Agreement are in addition to any other rights and remedies provided by law. Page 2 of 11 6. PAYMENTS. CITY will pay CONSULTANT a fee of $3.05 per meal for the Services listed above. Annual compensation is based upon an allocation of both CDBG funds and CITY funds. Compensation paid in future years is based on a portion of the CITY'S annual allocation, if and when CDBG funds are made available to CITY from COUNTY. The parties understand and agree that such reimbursement, if any, is conditioned upon receipt of CDBG funds by CITY from COUNTY. Such funds, if any, may be paid only after development and execution of a Memorandum of Understanding between CITY and COUNTY necessary to implement the project covered by this Agreement, and receipt and approval by CITY of a periodic detailed invoice, and any other program monitoring reports required by CITY, in a form specified by CITY. CITY will pay CONSULTANT as follows: After services have been rendered by CONSULTANT, a detailed invoice on forms mutually acceptable to both parties must be submitted to CITY. CITY will then process payment to CONSULTANT and pursue claim for payment from COUNTY, based upon said invoice. Payment will be made to CONSULTANT in the amount of the invoice as approved by CITY and subject to return to CITY should the COUNTY prove unwilling or unable to reimburse CITY for said payment. 7. FAMILIARITY WITH WORK. A. By executing this Agreement, CONSULTANT agrees that, to the best of CONSULTANT's knowledge and belief, CONSULTANT has i. Carefully investigated and considered the scope of services to be performed; ii. Carefully considered how the services should be performed; and iii. Understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement. B. If services involve work upon any site, CONSULTANT agrees that CONSULTANT has or will investigate the site and is or will be fully acquainted with the conditions there existing, before commencing the services hereunder. Should CONSULTANT discover any latent or unknown conditions that may materially affect the performance of the services, CONSULTANT will immediately inform CITY of such fact and will not proceed except at CONSULTANT's own risk until written instructions are received from CITY. 8. TERM. This Agreement will take effect on July 1, 2004 (the "Effective Date ") and shall continue until June 30, 2005, unless earlier terminated pursuant to the provisions hereof. The Agreement may be extended for two additional years at the CITY's sole discretion up to June 30, 2007. 9. TIME FOR PERFORMANCE. CONSULTANT will not perform any work under this Agreement until: A. CONSULTANT furnishes proof of insurance as required under Section 21 of this Page 3 of 11 058 Agreement; and B. CITY gives CONSULTANT a written, signed, and numbered purchase order in addition to a written Notice to Proceed. This Agreement will supersede any conflicting provisions included on the purchase order or notice to proceed issued pursuant to this Agreement. C. Should CONSULTANT begin work on any phase in advance of receiving written authorization to proceed, any such professional services are at CONSULTANT's own risk. 10. TAXPAYER IDENTIFICATION NUMBER. CONSULTANT will provide CITY with a Taxpayer Identification Number. 11. PERMITS AND LICENSES. CONSULTANT, at its sole expense, will obtain and maintain during the term of this Agreement, all necessary permits, licenses, and certificates that may be required in connection with the performance of services under this Agreement. 12. WAIVER. CITY's review or acceptance of, or payment for, work product prepared by CONSULTANT under this Agreement will not be construed to operate as a waiver of any rights CITY may have under this Agreement or of any cause of action arising from CONSULTANT's performance. A waiver by CITY of any breach of any term, covenant, or condition contained in this Agreement will not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained in this Agreement, whether of the same or different character. 13. TERMINATION. A. Except as otherwise provided, CITY may terminate this Agreement at any time with or without cause. B. CONSULTANT may terminate this Agreement at any time with CITY's mutual consent. Notice will be in writing at least thirty (30) days before the effective termination date. C. Upon receiving a termination notice, CONSULTANT will immediately cease performance under this Agreement unless otherwise provided in the termination notice. Except as otherwise provided in the termination notice, any additional work performed by CONSULTANT after receiving a termination notice will be performed at CONSULTANT" own cost; CITY will not be obligated to compensate CONSULTANT for such work. D. Should termination occur, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports and other materials prepared by CONSULTANT will, at CITY's option, become CITY's property, and CONSULTANT will receive just and equitable compensation for any work satisfactorily completed up Page 4 of I 1 05t) to the effective date of notice of termination, not to exceed the total costs under Section 2(C). E. Should the Agreement be terminated pursuant to this Section, CITY may procure on its own terms services similar to those terminated. F. By executing this document, CONSULTANT waives any and all claims for damages that might otherwise arise from CITY's termination under this Section. 14. NOTICE OF BREACH AND OPPORTUNITY TO CURE. Neither party will be deemed to be in breach of this Agreement based on a breach that is capable of being cured until it has received written notice of the breach from the other party. The party charged with breach will have fifteen (15) days from the date of receiving such notice in which to cure the breach or otherwise respond. If the circumstances leading to the charge that the Agreement was breached have not been cured or explained to the satisfaction of the other party within fifteen (15) days from the date on which the party received notice of breach, the non - breaching party may terminate this Agreement. 15. OWNERSHIP OF DOCUMENTS. All documents, data, studies, drawings, maps, models, photographs and reports prepared by CONSULTANT under this Agreement are CITY's property. CONSULTANT may retain copies of said documents and materials as desired, but will deliver all original materials to CITY upon CITY's written notice. CITY agrees that use of CONSULTANT's completed work product, for purposes other than identified in this Agreement, or use of incomplete work product, is at CITY's own risk. CITY will indemnify and hold CONSULTANT harmless for any use of the work product other than as contemplated by this Agreement. 16. PUBLICATION OF DOCUMENTS. Except as necessary for performance of service under this Agreement, no copies, sketches, or graphs of materials, including graphic art work, prepared pursuant to this Agreement, will be released by CONSULTANT to any other person or City without CITY's prior written approval. All press releases, including graphic display information to be published in newspapers or magazines, will be approved and distributed solely by CITY, unless otherwise provided by written agreement between the parties. 17. INDEMNIFICATION. A. CONSULTANT agrees to the following: i. Indemnification for Professional Services. CONSULTANT will save harmless and indemnify and at CITY's request reimburse defense costs for CITY and all its officers, employees and representatives from and against any and all suits, actions, or claims, of any character whatever, brought for, or on account of, any injuries or damages sustained by any person or property resulting or arising from any negligent or wrongful act, error or omission by CONSULTANT or Page 5 of 11 any of CONSULTANT's officers, agents, employees, or representatives, in the performance of this Agreement. ii. Indemnification for other Damages. CONSULTANT indemnifies and holds CITY harmless from and against any claim, action, damages, costs (including, without limitation, attorney's fees), injuries, or liability, arising out of this Agreement, or its performance. Should CITY be named in any suit, or should any claim be brought against it by suit or otherwise, whether the same be groundless or not, arising out of this Agreement, or its performance, CONSULTANT will defend CITY (at CITY's request and with counsel satisfactory to CITY) and will indemnify CITY for any judgment rendered against it or any sums paid out in settlement or otherwise. B. For purposes of this section "CITY" includes CITY's officers, officials, employees, agents, and representatives. C. It is expressly understood and agreed that the foregoing provisions will survive termination of this Agreement. D. The requirements as to the types and limits of insurance coverage to be maintained by CONSULTANT as required by Section 25, and any approval of said insurance by CITY, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by CONSULTANT pursuant to this Agreement, including, without limitation, to the provisions concerning indemnification. 18. ASSIGNABILITY. This Agreement is for CONSULTANT's professional services. CONSULTANT's attempts to assign the benefits or burdens of this Agreement without CITY's written approval are prohibited and will be null and void. 19. INDEPENDENT CONTRACTOR. CITY and CONSULTANT agree that CONSULTANT will act as an independent contractor and will have control of all work and the manner in which is it performed. CONSULTANT will be free to contract for similar service to be performed for other employers while under contract with CITY. CONSULTANT is not an agent or employee of CITY and is not entitled to participate in any pension plan, insurance, bonus or similar benefits CITY provides for its employees. Any provision in this Agreement that may appear to give CITY the right to direct CONSULTANT as to the details of doing the work or to exercise a measure of control over the work means that CONSULTANT will follow the direction of the CITY as to end results of the work only. 20. AUDIT OF RECORDS. CONSULTANT will maintain full and accurate records with respect to all services and matters covered under this Agreement. CITY will have free access at all reasonable times to such records, and the right to examine and audit the same and to make transcript therefrom, and to inspect all program data, documents, proceedings and activities. Page 6 of 1 I o61 CONSULTANT will retain such financial and program service records for at least four (4) years after termination or final payment under this Agreement. 21. INSURANCE. A. Before commencing performance under this Agreement, and at all other times this Agreement is effective, CONSULTANT will procure and maintain the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below: Type of Insurance Commercial general liability Professional Liability Business automobile liability Workers compensation Limits (combined singles $1,000,000 $0 $1,000,000 $1,000,000 B. Commercial general liability insurance will meet or exceed the requirements of ISO - CGL Forms. The amount of insurance set forth above will be a combined single limit per occurrence for bodily injury, personal injury, and property damage for the policy coverage. Liability policies will be endorsed to name CITY, its officials, and employees as "additional insureds" under said insurance coverage and to state that such insurance will be deemed "primary" such that any other insurance that may be carried by CITY will be excess thereto. Such insurance will be on an "occurrence," not a "claims made," basis and will not be cancelable or subject to reduction except upon thirty (30) days prior written notice to CITY. C. Automobile coverage will be written on ISO Business Auto Coverage Form CA 00 01 06 92, including symbol 1 (Any Auto). D. Professional liability coverage will be on an "occurrence basis" if such coverage is available, or on a "claims made" basis if not available. When coverage is provided on a "claims made basis," CONSULTANT will continue to maintain the insurance in effect for a period of three (3) years after this Agreement expires or is terminated ( "extended insurance "). Such extended insurance will have the same coverage and limits as the policy that was in effect during the term of this Agreement, and will cover CONSULTANT for all claims made by CITY arising out of any errors or omissions of CONSULTANT, or its officers, employees or agents during the time this Agreement was in effect. E. CONSULTANT will furnish to CITY duly authenticated Certificates of Insurance evidencing maintenance of the insurance required under this Agreement and such other evidence of insurance or copies of policies as may be reasonably required by CITY from time to time. Insurance must be placed with insurers with a current A.M. Best Company Rating equivalent to at least a Rating of "A:VIL" Page 7 of 11 062 F. Should CONSULTANT, for any reason, fail to obtain and maintain the insurance required by this Agreement, CITY may obtain such coverage at CONSULTANT's expense and deduct the cost of such insurance from payments due to CONSULTANT under this Agreement or terminate pursuant to Section 13. 22. CDBG REQUIREMENTS. During the performance of this Agreement, CONSULTANT agrees to comply with the following federal provisions: A. Executive Order 11246 requires that during the performance of this Agreement, CONSULTANT agrees not to discriminate against any employee or applicant for employment because of race, religion, sex color or national origin. CONSULTANT will comply with all provisions of Executive Order 11246 of September 24, 1965 and of the rules, regulations, and relevant orders of Secretary of Labor. CONSULTANT will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations and orders of the Secretary of Labor, or pursuant thereto, and will permit access to books, records and accounts by the AGENCY and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders. B. Title VI of the Civil Rights Act of 1964 provides that no person will, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program activity receiving federal financial assistance. C. Section 109, Title 1 of the Housing and Community Development Act of 1974 provides that no person in the United States will, on the grounds of race, color, national origin, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under this title. D. Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973 prohibits discrimination on the basis of age or with respect to an otherwise qualified handicapped individual, as provided in Section 504 of the Rehabilitation Act of 1973, will also apply to any such program or activity. E. CONSULTANT must also comply with all regulations of the Americans with Disabilities Act (ADA) of 1990 (42 USC §§ 12101 et. seq.). 1 Section 3 of the Housing and Community Development Act of 1968, as amended, 12 USC §§ 1701 et. seq., " Compliance in the Provision of Training, Employment and Business Opportunities requires that the work to be performed under this Agreement is on a project assisted under a program providing direct federal financial assistance from the Department of Housing and Urban Development and is subject to the requirements of Section 3 of the Housing and Page 8 of 11 063 Urban Development Act of 1968, as amended, 12 USC § 1701u. Section 3 requires that, to the greatest extent feasible, opportunities for training and employment be given to lower income residents of the project area and contract for work in connection with the project be awarded to business concerns, which are located in or owned in substantial part by persons residing in the area of the project. The parties of this Agreement will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 CFR § 135, and all applicable rules and orders of the Department issued thereunder before executing this Agreement. The parties to this Agreement certify and agree that they are under no contractual or other disability that would prevent them from complying with these requirements. 2. Lobbying Certification. CONSULTANT must include the language of this certification in all subcontracts; all subcontractors must certify and disclose accordingly. F. It is understood that each person/entity /firm who applies for a Community Development Commission contract, and as part of that process, must certify that they are familiar with the requirements of Los Angeles County Chapter 2.160 (Los Angeles County Ordinance 93- 0031). Persons /entities /firms acting on behalf of the above named firm must comply with the County Code. Any person/entity /firm seeking a contract with Community Development Commission will be disqualified for such a contract; be denied the contract; be liable in civil action, if any lobbyist, lobbying firm, lobbyist employer or any other person or entity acting on behalf of the above named firm fails to comply with the provisions of the County Code. 23. USE OF CONSULTANT. CONSULTANT must obtain CITY's prior written approval to use any consultants while performing any portion of this Agreement. Such approval must approve of the proposed consultant and the terms of compensation. 24. INCIDENTAL TASKS. CONSULTANT will meet with CITY monthly to provide the status on the project, which will include a schedule update and a short narrative description of progress during the past month for each major task, a description of the work remaining and a description of the work to be done before the next schedule update. 25. NOTICES. All communications to either party by the other party will be deemed made when received by such party at its respective name and address as follows: CITY James Hansen, Director of Community, Economic and Development Services City of El Segundo 350 Main Street El Segundo, CA 90245 Phone: (310) 524 -2300 Page 9 of 11 CONSULTANT Anil Kashyap, CEO NDK Foods, Inc. 7512 Scout Avenue Bell Gardens, CA 90201 Phone: (562) 927 -9598 ext. 212 064 Any such written communications by mail will be conclusively deemed to have been received by the addressee upon deposit thereof in the United States Mail, postage prepaid and properly addressed as noted above. In all other instances, notices will be deemed given at the time of actual delivery. Changes may be made in the names or addresses of persons to who notices are to be given by giving notice in the manner prescribed in this paragraph. 26. CONFLICT OF INTEREST. CONSULTANT will comply with all conflict of interest laws and regulations including, without limitation, CITY's conflict of interest regulations. 27. SOLICITATION. CONSULTANT maintains and warrants that it has not employed nor retained any company or person, other than CONSULTANT's bona fide employee, to solicit or secure this Agreement. Further, CONSULTANT warrants that it has not paid nor has it agreed to pay any company or person, other than CONSULTANT's bona fide employee, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Should CONSULTANT breach or violate this warranty, CITY may rescind this Agreement without liability. 28. INTERPRETATION. This Agreement was drafted in, and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this agreement will be in Los Angeles County. 29. ENTIRE AGREEMENT. This Agreement, and its Attachments, sets for the entire understanding of the parties. There are no other understandings, terms or other agreements expressed or implied, oral or written. There is one (1—) Attachment to this Agreement. This Agreement will bind and inure to the benefit of the parties to this Agreement and any subsequent successors and assigns. 30. RULES OF CONSTRUCTION. Each Parry had the opportunity to independently review this Agreement with legal counsel. Accordingly, this Agreement will be construed simply, as a whole, and in accordance with its fair meaning; it will not be interpreted strictly for or against either Party. 31. SEVERABILITY. If any portion of this Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Agreement will continue in full force and effect. 32. AUTHORITY/MODIFICATION. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Agreement and to engage in the actions described herein. This Agreement may be modified by written amendment. CITY's city manager, or designee, may execute any such amendment on behalf of CITY. 33. ACCEPTANCE OF FACSIMILE SIGNATURES. The Parties agree that this Agreement, agreements ancillary to this Agreement, and related documents to be entered into in connection with this Agreement will be considered signed when the signature of a party is Page 10 of 11 065 delivered by facsimile transmission. Such facsimile signature will be treated in all respects as having the same effect as an original signature. 34. TIME IS OF ESSENCE. Time is of the essence for each and every provision of this Agreement. 35. STATEMENT OF EXPERIENCE. By executing this Agreement, CONSULTANT represents that it has demonstrated trustworthiness and possesses the quality, fitness and capacity to perform the Agreement in a manner satisfactory to CITY. CONSULTANT represents that its financial resources, surety and insurance experience, service experience, completion ability, personnel, current workload, experience in dealing with private consultants, and experience in dealing with public agencies all suggest that CONSULTANT is capable of performing the proposed contract and has a demonstrated capacity to deal fairly and effectively with and to satisfy a public agency. IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written. CITY OF EL SEGUNDO, NDK FOODS, INC. a municipal corporation. Mary Strenn, City Manager ATTEST: Cindy Mortesen, City Clerk APPROVED AS TO F MARK D. HENSL ATTORNEY Lo Karl H. Berger, Assistant City PAPIanning & Anil Kashyap, CEO Taxpayer ID No. .psa.De1iveredMea1s04- 05.NDK Foods.doc Page 11 of 11 066 EXHIBIT 21 Community Development Commission County of Los Angeles COUNTY LOBBYIST CODE CHAPTER 2.160 COUNTY ORDINANCE NO. 93-0031 CERTIFICATION Name of Firm: Date: State: Zip Code: Phone No.: Acting on behalf of the above named firm, as its Authorized Official, I make the following Certification to the County of Los Angeles and the Community Development Commission, County of Los Angeles: 1) It is understood that each person/entity/firm who applies for a Community Development Commission contract, and as part of that process, shall certify that they are familiar with the requirements of the Los Angeles County Code Chapter 2.160, (Los Angeles County Ordinance 93 -0031) and; 2) That all persons /entities/firms acting on behalf of the above named firm have and will comply with the County Code, and; 3) That any person/entity/firm who seeks -a contract with the Community Development Commission shall be disqualified therefrom and denied the contract and, shall be liable in civil action, if any lobbyist, lobbying firm, lobbyist employer or any other person or entity acting on behalf of the above named firm fails to comply with the provisions of the County Code. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into contract with the Los Angeles County and the Community Development Commission, County of Los Angeles. Authorized Official: Name: Signature: 21 -1 Title: Date: „ 6 7 Exhibit A Scope of Services Community Development Block Grant Program Home Delivered Meals DESCRIPTION OF WORK CONSULTANT will: Provide nutritionally balanced, hot meals which are based on the dietary needs of persons 55 years and older. Meals are to be conveniently packaged, prepared and delivered to the City of El Segundo Outreach Office, Monday through Friday, between 11:00 a.m. to 11:45 a.m. Menus approved by a Registered Dietician, are to be based on a minimum seven week cycle and contain at least one -third the Recommended Daily Allowance (RDA) for individuals 55 years and older. The meals shall be provided during each non - holiday weekday throughout the year. Holidays, as relevant to this Agreement include, January 1, Presidents Day, Memorial Day, July 4, Labor Day, Thanksgiving Day and Christmas Day. 2. For clients identified by the City, and upon request, Consultant will provide frozen weekend meals containing at least one -third of the RDA, on Friday for consumption on the weekend. If Friday is a holiday, the meals will be provided on the day prior to the holiday. 3. Provide reduced calorie and reduced sodium (1,500 calorie and 2 grams sodium) therapeutic diets for clients identified by City staff. 4. Provide to City staff, upon request, technical assistance from Consultant's Registered Dietician. 5. Provide City sufficient copies of a printed monthly menu for distribution to El Segundo Home Delivered Meals program participants (hereinafter referred to as "participants "). 6. Transport and maintain food carriers in a sanitary fashion. 7. Submit monthly, an invoice for the number of meals provided to the City of El Segundo in an amount determined by this Agreement. Invoices should arrive no later than ten (10) calendar days after the end of the previous month of service and be addressed to: James Hansen, Director, Community, Economic and Development Services City of El Segundo 350 Main Street El Segundo, CA 90245 8. Submit to CITY a statement of self - insurance evidencing liability coverage. CITY will: 1. Provide volunteers or staff to deliver meals to program participants' homes. 066 2. Perform an individualized participant intake and eligibility evaluation to determine current and continued need for each participant's level of service. 3. Provide to program participants, if needed, referrals to appropriate agencies for alternative /additional public services. 4. Provide CONSULTANT with the necessary meal transporters and hot/cold packs. 5. Provide space and telephone for Home Delivered Meals Program. 6. Reimburse CONSULTANT at the rate of $3.05 per meal prepared and packaged for Monday through Friday delivery to El Segundo Recreation and Parks Outreach Office (NDK Millennium Meals may be purchased by City at a higher rate of $4.45 per meal) for the CDBG Program Year beginning July 1, 2004 through June 30, 2005, with an option to renew said Scope of Services for up to two additional years through June 30, 2007, as incorporated herein and by reference to Agreement. 7. Prepare for CONSULTANT the following: • List of Clients eligible to be served • Clients' special dietary needs, if applicable • Meal delivery schedules and transportation route to Recreation and Parks Outreach Office • Weekly list identifying number of meals required by each client. 069 Exhibit A Scope of Services Community Development Block Grant Program Home Delivered Meals DESCRIPTION OF WORK CONSULTANT will: Provide nutritionally balanced, hot meals which are based on the dietary needs of persons 55 years and older. Meals are to be conveniently packaged, prepared and delivered to the City of El Segundo Outreach Office, Monday through Friday, between 11:00 a.m. to 11:45 a.m. Menus approved by a Registered Dietician, are to be based on a minimum seven week cycle and contain at least one -third the Recommended Daily Allowance (RDA) for individuals 55 years and older. The meals shall be provided during each non - holiday weekday throughout the year. Holidays, as relevant to this Agreement include, January 1, Presidents Day, Memorial Day, July 4, Labor Day, Thanksgiving Day and Christmas Day. 2. For clients identified by the City, and upon request, Consultant will provide frozen weekend meals containing at least one -third of the RDA, on Friday for consumption on the weekend. If Friday is a holiday, the meals will be provided on the day prior to the holiday. 3. Provide reduced calorie and reduced sodium (1,500 calorie and 2 grams sodium) therapeutic diets for clients identified by City staff. 4. Provide to City staff, upon request, technical assistance from Consultant's Registered Dietician. 5. Provide City sufficient copies of a printed monthly menu for distribution to El Segundo Home Delivered Meals program participants (hereinafter referred to as "participants "). 6. Transport and maintain food carriers in a sanitary fashion. 7. Submit monthly, an invoice for the number of meals provided to the City of El Segundo in an amount determined by this Agreement. Invoices should arrive no later than ten (10) calendar days after the end of the previous month of service and be addressed to: James Hansen, Director, Community, Economic and Development Services City of El Segundo 350 Main Street El Segundo, CA 90245 8. Submit to CITY a statement of self - insurance evidencing liability coverage. CITY will: 1. Provide volunteers or staff to deliver meals to program participants' homes. 070 2. Perform an individualized participant intake and eligibility evaluation to determine current and continued need for each participant's level of service. 3. Provide to program participants, if needed, referrals to appropriate agencies for alternative /additional public services. 4. Provide CONSULTANT with the necessary meal transporters and hot/cold packs. 5. Provide space and telephone for Home Delivered Meals Program. 6. Reimburse CONSULTANT at the rate of $3.05 per meal prepared and packaged for Monday through Friday delivery to E1 Segundo Recreation and Parks Outreach Office (NDK Millennium Meals may be purchased by City at a higher rate of $4.45 per meal) for the CDBG Program Year beginning July 1, 2004 through June 30, 2005, with an option to renew said Scope of Services for up to two additional years through June 30, 2007, as incorporated herein and by reference to Agreement. 7. Prepare for CONSULTANT the following: • List of Clients eligible to be served • Clients' special dietary needs, if applicable • Meal delivery schedules and transportation route to Recreation and Parks Outreach Office • Weekly list identifying number of meals required by each client. EL SEGUNDO CITY COUNCIL MEETING DATE: June 15, 2004 AGENDA ITEM STATEMENT AGENDA HEADING: Consent AGENDA DESCRIPTION: Consideration and possible action regarding approval of the release of the City of El Segundo's portion ($6,108.00) of the Juvenile Accountability Incentive Block Grant (JAIBG) to the Los Angeles County District Attorney's Office. RECOMMENDED COUNCIL ACTION: (1) Approve the release of the JAIBG funds. (2) Authorize the City Manager to sign the waiver authorizing the Office of Criminal Justice Planning to transfer award funds allocated under the JAIBG 2004 to the Los Angeles District Attorney's Office. (3) Alternatively discuss and take other action related to this item. BACKGROUND & DISCUSSION: The Office of Criminal Justice Planning is entering the sixth annual application period for the Juvenile Accountability Incentive Block Grant (JAIBG). The 2004 -2005 allocation to the City of El Segundo is $6,108.00. For the past five years, the City of El Segundo has released our portion of the JAIBG to the District Attorney to fund personnel and prosecution programs aimed at juvenile offenders and intervention alternatives. The District Attorney is again requesting we consolidate our funds with those of local agencies in the surrounding area to create a coalition. These funds will be used in programs that will specifically benefit the City of El Segundo as well as our neighboring police agencies. It is recommended that we continue to participate in the District Attorney's juvenile prosecution and intervention programs and release our portion of the JAIBG to them. ATTACHED SUPPORTING DOCUMENTS: Waiver of direct grant from the City of El Segundo. FISCAL IMPACT: Operating Budget: Amount Requested: Account Number: Project Phase: Yes x No ORIGIN D Y: DATE: June 8, 2004 J ck Wayt, C f of Police REVIEWED BY: DATE: -. '�y Mary k City Manager 071 9 JABG 2004 WAIVER OF DIRECT SUBGRANT AWARD FROM UNIT OF LOCAL GOVERNMENT / Title) the legally authorized administrative officer (City Manager /City Administrator) of (Name of waiving unit of local government) authorize the State of California, Board of Corrections, to transfer award funds allocated under the Juvenile Accountability Block Grant (JABG) 2004, in the amount of $ to THE LOS ANGELES COUNTY DISTRICT ATTORNEY'S OFFICE Authorized Official's Signature Authorized Official's Typed Name Authorized Official's Typed Title Date Executed Waiving Unit of Local Government Official Seal or Notary Stamp is required below: 072 EL SEGUNDO CITY COUNCIL MEETING DATE: 6 -15 -04 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Calendar AGENDA DESCRIPTION: Consideration and possible action regarding the acceptance of the Fiscal Year 2004 -2005 Estimated City Revenues and Appropriations assumptions and receive and file calculation for FY 2004 -2005 minimum employment staffing in the Fire Department as provided for in the labor agreement between the City and the El Segundo Firefighter's Association. RECOMMENDED COUNCIL ACTION: (1) Direct staff to proceed with FY 2004 -2005 Estimated Revenue and Appropriation Assumptions; (2) Receive and file Fiscal Year 2004 -2005 minimum staffing calculation in the Fire Department (3) Alternatively discuss and take other action related to this item. BACKGROUND & DISCUSSION: This is the step in the budgetary process to review the revenue and appropriation assumptions for the upcoming fiscal year. Staff is in process of preparing the FY 2004- 2005 Preliminary Budget and all departments are in the process of preparing for targeted cuts to enable a balanced FY 2004 -2005 budget. ATTACHED SUPPORTING DOCUMENTS: None FISCAL IMPACT: Operating Budget: Amount Requested: Account Number: Project Phase: Appropriation Required: _Yes X No Bret M. Plumlee, Director of Administrative Services Mary enn, City Manager j 0 67 .� BACKGROUND & DISCUSSION (Continued): General Fund Expenditures The increase in expenditures is attributable to a number of factors outside of the City's direct control. The CalPers investment portfolio, which assumed 8.25% increases, has taken losses two of the past three years. This is continuing to have a substantial impact on both safety and non - safety employer rates from PERS. Health costs have increased over 65% the past three fiscal years. While PIERS had initially estimated increases in 2005 of 10 to 12 %, they have regionalized the rates in an effort to make the rates more competitive. This will improve the rates in Southern California compared to the rest of the State because there are more choices of doctors. Since the rates from PIERS are not distributed until mid June, we are not yet able to provide an estimate for health costs in FY 2004 -2005. The current assumption is for rates to remain flat. Once the rates are known, staff will let the City Council know at a later time in the budget process. Worker's compensation, liability and property insurance premiums have continued to rise. General Fund Revenues The biggest concern in FY 2004 -2005 as it is in the current fiscal year is the gas Utility User's tax. This revenue source is currently estimated to decrease $3 million from the FY 2003 -2004 budget attributable to the uncertainty in the electricity market. There are a number of revenue sources estimated to offset the decrease in gas UUT. Sales tax is estimated to increase $600,000 in FY 2004 -2005; transient Occupancy taxes are estimated to increase $250,000; Property taxes revenues are estimated to increase $265,550; Business License fees are estimated to increase $263,400 or 3.0 %. Local government and the Governor's office have worked together to forge a compromise, which will directly impact local revenues for the next two fiscal years in exchange for State constitutional protection of sales tax, property tax, and vehicle license fees. The impact on El Segundo will be a net decrease in revenues of approximately $763,400 each of the next two fiscal years. This is based on a formula consisting of 1/3 vehicle license fees, 1/3 sales tax, and 1/3 in property tax, which makes up $872,200 and is offset by an increase in property tax in lieu fees of $108,800. In FY 2006 -2007, the City will receive $312,300, which represents 1/4 of VLF backfill taken by the State in FY 2003 -2004. That year the City will also begin to receive repayments of approximately $60,000 per year for the next five years, which represents 1/5 of state mandated costs previously withheld. While El Segundo continues to be well diversified and positioned for the future, we are taking extra precautions for at least the next two fiscal years that will be reflected in the budget assumptions. 074 FY 2004 -2005 APPROPRIATION ASSUMPTIONS Included below is a list of FY 2004 -2005 appropriation budget assumptions. It is not expected that these assumptions will change much as we progress through the budget process. ➢ The objective of the budget is to maintain this highest service levels possible given the budget cuts that must be made. There are a number of positions being eliminated; no new positions funded; and future vacant positions will be frozen and unbudgeted. Scheduled maintenance programs for streets, trees, parks and parkway activities are anticipated to continue at this time, although service levels in other functional areas may be impacted. ➢ PIERS safety employer costs increased 11.9% or $1.42 million July 1, 2004 and an additional 4.0% or $495,000 July 1, 2005 while miscellaneous rates will increase from 0% to 6.1% July 1, 2004. ➢ Departments have been given budget instructions with specific reductions required of each department. The citywide target is just under $3.0 million, which represents a 6.7% reduction in each department from the FY 2003 -2004 budget. ➢ To reduce the equipment replacement General Fund charges, departments are either extending the life or eliminating obsolete equipment from the list. Total estimated budget savings from these reductions is just over $150,000. ➢ Liability and Worker's Compensation charges to the General Fund have been reduced $300,000 each based on historical payments. Actuarial analysis of the Worker's Compensation fund and Liability Insurance fund has been completed to ensure that this fund can sustain cuts while remaining at an appropriate funding level. ➢ Health costs increases are not known at the time of this report. The current assumption is that rates will remain flat. Staff will report back to City Council when they know the new rates effective January 1, 2005. ➢ General Liability and Workers' Compensation premiums are estimated to increase significantly for the third year in a row. The rate increases are $279,250 for Worker's Compensation and $34,250 for General Liability. ➢ General Fund transfers to the Capital Improvement Fund have been reduced 33% down to $500,000. This funding could be reduced up to an additional $500,000 if necessary to balance the budget. ➢ General Fund transfer to the Infrastructure Replacement Fund will be reduced up to $500,000 if necessary to balance the budget. 075 FY 2004 -2005 REVENUE BUDGET ASSUMPTIONS Included below is a list of FY 2004 -2005 revenue budget assumptions. These assumptions may change, as we get closer to the completion of the budget process. ➢ Sales tax is estimated to increase $600,000 or 8% over the FY 2003 -2004 adopted budget. This is mainly attributable to a substantial increase in the top 10 sales tax producers and the business to business sales, which make up over 60% of total sales tax. ➢ Property Taxes are assumed to increase 3 %, which is the estimated increase in assessed valuation for the entire Los Angeles County. This percentage change will be revised prior to budget adoption when staff receives the City's specific increase in assessed valuation. ➢ Utility User's Tax (UUT) revenues are estimated to decrease a combined $2,864,600. This is mainly attributable to an estimated $3.0 million decrease in gas UUT. ➢ Transient Occupancy taxes are estimated to increase $250,000 in FY 2004 -2005 mainly attributable to an increase in occupancy while the rates remain lower than historical levels. ➢ Business License taxes are assumed to increase 3% or $263,400 based on an overall growth in the local economy. Since there is no cost of living indexing, this revenue source is expected to gradually erode. ➢ The cost of natural gas has remained high while consumption of the natural gas has remained low. These factors are mainly attributable to the anticipated significant decrease in this revenue source. ➢ Budget assumes a $60 million improvement valuation related to building improvements and new construction. The Property taxes based on this new construction are estimated to be $38,400. ➢ A Task Force of El Segundo residents and business owners was formed to analyze the need and recommendation for future water and sewer rate increases. This Task Force met five times and will be forwarding a recommendation of water and sewer rate increases to the City Council in the next two months. ➢ The estimated impact on El Segundo from the State's budget reductions is $763,400. 0'7 6 The State of California has significantly reduced reimbursements of state mandated costs over the past three years. These reductions are reflected in the FY 2003- 2004 Adopted Budget and will continue reflect a net reduction of $30,000 in the FY 2003 -2004 Preliminary Budget. If the Governor /League ballot initiative compromise passes in November 2004, the City will begin to get reimbursed for these mandated costs in FY 2006 -2007. ➢ The State has reduced Library PLF funds for the fifth year in a row. This year the budget has been reduced $1,000 to $6,500. ➢ $100,000 in COPS grants funding provided by the State is fully funded at this time. If the State reduces this revenue source, staff will reflect the reduction in the adopted budget. ➢ Revenues generated from the Corporate Campus project are not estimated to be significant until at least FY 2005 -2006. ➢ $250,000 will be transferred from a remaining $500,000 dry period fund for each of the next two fiscal years to partially fund the PERS employer rate increases. Minimum Staffing determination In FY 2003 -2004, the City agreed with the Fire Association on a statement of intent to determine whether or not the Fire Department would have minimum staffing each fiscal year. The determination is based on a combination of increased expenditures not directly controlled by the City and decreased General Fund revenues that exceed 5% of the previous fiscal year. If the combination exceeds 5 %, this meets the definition of inadequate financial resources and no minimum staffing will occur in the next fiscal year. The language in the agreement reads as follows: "For purposes of this Statement of Intent, a guideline of 'inadequate financial resources' shall mean that in any fiscal year the projected total of the following revenues /expenditures is 5% or more; a. The projected percentage decrease in the City's General Fund revenues realized in the immediately preceding fiscal year and b. The projected percentage increase in only those General Fund expenditures that are not directly controlled by the City over the same expenditures incurred in the immediately preceding fiscal year. Examples of General Fund expenditures that are beyond the City's control include health and other insurance premiums, Worker's compensation costs, retirement costs, utility costs, debt services payments, litigation expenditures, Liability insurance charges to the General Fund, infrastructure failures, and the City of Los Angeles Hyperion wastewater charges." General fund revenues, net of transfers, are estimated to decrease $1,596,500 or 3.6% 077 in FY 2004 -2005, while expenditures not directly controlled by the City are estimated to increase $1,618,700 or 16.0 %. At this time, the combination of these expenditure increases and revenue decreases results in an estimated increase of $3,215,300 or 7.2% in FY 2004 -2005. Since this exceeds 5 %, there will be no minimum staffing requirement in the Fire Department in FY 2004 -2005. Since it is still early in the budget process, some of these assumptions may be modified. Staff will notify the City Council of any changes in either appropriation or revenue assumptions when the FY 2004 -2004 Preliminary Budget is submitted. Since changes in these assumptions may impact the FY 2004 -2005 minimum staffing calculation in the Fire Department, any impact on this calculation will also be reported at that time. () '7 8 EL SEGUNDO CITY COUNCIL MEETING DATE: June 15, 2004 AGENDA ITEM STATEMENT AGENDA HEADING: New Business AGENDA DESCRIPTION: Consideration and possible action directing staff to prepare amendments to Title 1, Chapter 9 — "Political Contributions," of the El Segundo Municipal Code with regard to all aspects of campaign finance, including but not limited to contributions, expenditures, and mailings for consideration by the Council at a future Council Meeting RECOMMENDED COUNCIL ACTION: (1) Direct staff with respect to preparing possible amendments to Title 1, Chapter 9 — "Political Contributions," of the El Segundo Municipal Code with regard to all aspects of campaign finance, including but not limited to contributions, expenditures, and mailings for consideration by the Council at a future Council Meeting; (2) Alternatively, discuss and take other action related to this item. BACKGROUND & DISCUSSION: At the May 18, 2004 Council Meeting, the Mayor and Council Member Boulgaridies both requested that staff prepare an agenda item for the June 15, 2004 Council Meeting to allow the Council to discuss and consider potential amendments to the EI Segundo Municipal Code with respect to campaign finance issues. In an effort to assist the Council in considering this matter, set forth below is an overview of the various amendments to El Segundo Municipal Code relating to campaign finance, the City's legal ability to regulate campaign finance (and a comparison of such with the City's current regulations), and additional areas the City can consider regulating with respect to campaign finance. (cont.) ATTACHED SUPPORTING DOCUMENTS: None FISCAL IMPACT: N/A Operating Budget: Amount Requested: Account Number: Project Phase: REVIEWED —Yes _ No DAT Attorney �� DATE: Mary Str n, City Manager 11 0 79 BACKGROUND & DISCUSSION (CONTINUED): A. History of the City's Regulation of Campaign Finance In 1990, 1997, and 2001, the City Council adopted ordinances that, among other things, established campaign contribution requirements for local elections (Ordinance No. 1146, adopted January 16, 1990; Ordinance No. 1278, adopted October 21, 1997; Ordinance No. 1341, adopted November 7, 2001). Generally, the 1990 amendment established campaign contribution limitations of $250 per person and required candidates to disclose anonymous donors who contributed more than $100 to a campaign. The 1997 amendment established voluntary spending caps for candidates consistent with Proposition 208 and created deadlines for filing documents required under the Political Reform Act ( "PRA "). The creation of El Segundo's voluntary expenditure limits originated from Proposition 208 as approved by the voters in 1996. That initiative generally imposed a $100 per person limit upon contributions given to local candidates. This contribution limit was raised to $250 per person when a local candidate voluntarily accepted maximum spending limits established by local ordinance. Such voluntary expenditure caps could not exceed a monetary total amount equal to $1 per resident within a local jurisdiction. Former ESMC § 1- 9 -4(D) established a voluntary expenditure limit of 50¢ per resident amounting to a total cap of $7611.50. In 1998 and 1999, the federal courts enjoined the Fair Political Practices Commission ( "FPPC ") from enforcing Proposition 208.1 And in November 2000, California voters approved Proposition 34 which repealed nearly all provisions of Proposition 208. The FPPC was permanently enjoined from enforcing two remaining provisions of Proposition 208 on May 8, 2001. As a result, the only surviving portions of Proposition 208 are Government Code §§ 82039 (definition of lobbyist); 84501, 84502, and 84504 -84510 (advertisement disclosure requirements); and 85802 (appropriations to the FPPC). In 2001, the City Council adopted Ordinance No. 1341 which substantially amended the ESMC in light of Proposition 34. Among other things, Ordinance No. 1341 eliminated the voluntary spending caps (since Proposition 34 removed any incentive for such caps); regulated campaign literature (ESMC § 1- 9- 5(b)); prohibited all anonymous campaign mailers (ESMC § 1- 9- 5(a)); and expanded reporting requirements to include one more filing on the Friday immediately preceding the election (ESMC § 1 -9 -4). These changes are reflected in ESMC Chapter 1 -9 entitled Campaign Contributions and Disclosures. B. The City's Ability to Regulate Campaign Finances3 The City's ability to adopt regulations affecting local elections is limited by two factors: (1) the Political Reform Act of 19744 ( "PRA ") including regulations promulgated by the ' California Prolife v. FPPC (91" Cir., 1999) 164 F.3d 1189; California Proflife Council PAC v. Scully (E.D. Cal., 1998) 989 F.Supp. 1282. 2 Further references to an unspecified code are to the Government Code. ' This memorandum does not discuss conflicts of interest since these are of general application �) 8 regardless of campaigning. 6/8/04 4:07 PM 81654V2 Fair Political Practices Commission ( "FPPC ") ;5 and (2) its status as a general law city. As a general law city, El Segundo may only exercise power that is conferred by the California Constitutions and State law. Charter cities potentially have the ability to exercise greater control over local elections .7 The PRA gives the City limited authority to regulate local elections: (1) the City may impose "additional requirements on any person if the requirements do not prevent the person from complying with [the PRA]... ";8 and (2) the City may adopt "contribution limitations or prohibitions "9 for local elections if such regulations do not restrict non- public communications (that is, those that are not made for "general public advertising ") made to "members, employees, shareholders" or their families." 50 These latter communications are not considered "contributions" under the PRA. It is the FPPC's opinion that these provisions of the PRA make it "clear that the [PRA] is not intended to so occupy the field it regulates that ... local government agencies are powerless to enact additional regulations. "" Additionally, although the PRA establishes a uniform law regulating election financing '12 the FPPC believes that cities may "impose additional obligations [on local elections] or, in the context of local elections, completely different expenditure and contribution limits.03 Any such local regulations, however, would still be subject to constitutional challenges based upon the United States or California Constitutions. 14 After being amended in 2001, the ESMC now imposes stricter regulations on local elections than set forth in the PRA: § 1 -9 -2 - Adds a definition for "campaign literature" that consolidates and broadens regulations imposed by the PRA. The PRA simply identifies and regulates slate mailers,' mass mailings, 16 and advertisements. 17 For the latter, the PRA requires that certain disclosure statements be placed on advertisements 4 §§ 81000 - 91015. 5 2 Cal. Code of Regs. ( "FPPC Regs. ") §§ 18700, et seq. 6 See e.g., Cal. Const. art. XI, § 7 (police powers). 7 See Johnson v. Bradley (1992) 4 Cal.4" 389; Mackey v. Thiel (1968) 262 Cal. App. 2d 362; Lawing v. Faull (1964) 227 Cal. App. 2d 23. e § 81013. § 85703. ° § 85312. " In re Pelham Opinion (2001) 15 FPPC Ops. 1, No. 0- 00274, p.4 quoting In re Alperin Opinion, 3 FPPC Ops. 77, No. 76 -084, p.3. 12 County of Sacramento v, Fair Political Practices Commission (1990) 222 Cal.App.3d 687. 73 In re Pelham, p.6. 74 Note also that candidates must still comply with other provisions of Prop. 34: return of contributions for which information is not on file (§ 85700); membership communications (§ 85312); independent expenditures ( §§ 85500b and 85501); surplus funds statute (§ 89519); disclosure on late independent expenditure reports re contributions received and expenditures made since the last report filed (§ 84204b), slate mailer disclosure (§ 84305.6); ballot measure advertisement disclosure re paid spokesperson (§ 84511) and top donors ( §§ 84501 - 84510); administrative fines (§ 91005.5) and disgorgement of laundered contributions (§ 85701). 1' s §§ 82048, 84305.6. 081 § 82041.5, 84305. 77 §§ 84501, 84511 (where spokesperson is paid $5000 or more). 6/8/04 4:07 PM 81654V2 where the contributions toward such advertisements amount to $50,000 or more.18 The ESMC is more restrictive than the PRA since it requires that the names of persons paring for twenty -five percent (25 %) or more of producing "campaign literature" 9 be printed on such campaign literature. There is no equivalent in the PRA. § 1 -9 -3 - Prohibits all anonymous contributions (the PRA prohibits anonymous contributions totaling $100 or more in a calendar year).20 § 1 -9 -4 - Requires candidates to report contributions amounting to $25 or more (the PRA has a disclosure requirement starting at $100).21 § 1 -9 -5 - Prohibits anonymous mailings and requires campaign literature to identify persons who contribute 24% or more of the cost for production (no similar provision in the PRA). § 1 -9 -7 - Adds filing deadlines for campaign disclosure materials. In summary, the ESMC imposes deadlines for filing documents required by the PRA for before and after an election: an initial filing date of the Friday before the election for documents showing all actual and anticipated expenditures and contributions until the election; and a post - election filing on the third day after the election showing actual expenditures and contributions. The PRA only establishes filing deadlines for pre - election statements :22 final statements covering the time period ending 17 days before the election must be filed 12 days before the election. Contributions or expenditures after the final pre - election period and before election day are "late. ,23 Late contributions or expenditures totaling $1,000 or more must be reported within 24 hours .24 C. Potential Additional Areas the City Could Regulate The City has the ability to regulate the following areas of campaign finance: Establishing limits on local campaign contributions and expenditures. As noted above, the PRA allows the City to impose contribution regulations for local elections. While the PRA imposes contribution limits for statewide office '25 it does not place any limit on local elections. Regulation of contribution limits is a valid exercise of government power and does not infringe upon free speech rights if the regulations still 8 § 84503. 9 Which includes unsolicited circulars, pamphlets, letters, posters, or other reproduced matter referring to an election, candidate, or any ballot measure. 21 § 84304. 21 § 84211. 22 § 84200.7. 23 §§ 82036, 82036.5. 24 §§ 84203 -204. $ 2 n 21 §§ 85301, 83124. 6/8/04 4:07 PM 81654V2 -- § 85308(b). 30 In re Pelham, p.10. 31 § 84301. 32 § 85701. 33 In re Pelham, supra, p.11. 6/8/04 4:07 PM 81654V2 "00 EL SEGUNDO CITY COUNCIL MEETING DATE: June 15, 2004 AGENDA ITEM STATEMENT AGENDA HEADING: Reports — City Clerk AGENDA DESCRIPTION: Consideration and possible action requesting Council consensus to cancel the July 6, 2004 City Council Meeting. RECOMMENDED COUNCIL ACTION: (1) Approve cancellation of the July 6, 2004 Meeting; (2) Alternatively discuss and take other action related to this item. BACKGROUND & DISCUSSION: In the past, the City Council has cancelled one meeting in July due to conflicts in schedules. City Hall will be closed July 5, 2004 for the 4th of July Holiday and because of scheduled summer vacation and travel plans by staff and Council, it would be difficult to properly prepare for the meeting. It is requested that Council approve the cancellation of the July 6, 2004 regularly scheduled meeting. ATTACHED SUPPORTING DOCUMENTS: None FISCAL IMPACT: None Ktvlt eo 13-(: DATE: A- Mail S re , City Manager 'j /y 12 084 EL SEGUNDO CITY COUNCIL MEETING DATE: June 15, 2004 AGENDA ITEM STATEMENT AGENDA HEADING: Reports — Council Member Jim Boulgarides Consideration and possible action regarding an oral report relative to improvements by the Los Angeles County Department of Beaches and Harbors to El Segundo Beach. RECOMMENDED COUNCIL ACTION: 1) Receive and file report; 2) Discuss and take action related to this request. BACKGROUND & DISCUSSION: Oral report regarding discussions with the Los Angeles County Department of Beaches and Harbors relative to potential public improvements to El Segundo Beach at the foot of Grand Avenue in El Segundo. ATTACHED SUPPORTING DOCUMENTS: None FISCAL IMPACT: Operating Budget: N/A Amount Requested: Account Number: Project Phase: Appropriation Required: Yes _ No ORIGINATED BY: l) DATE: June 2, 2004 Council Member Jim REVIEWED & /-J /ay DATE: June'; 2004 ��Ox 13 085 EL SEGUNDO CITY COUNCIL AGENDA ITEM STATEMENT DESCRI MEETING DATE: June 15, 2004 AGENDA HEADING: Council Rel Consideration and possible action to approve a letter in opposition to California Assembly Bill 2702 regarding second units in residential areas to the California State Senate. RECOMMENDED COUNCIL ACTION: Approve a letter in opposition to California Assembly Bill 2702; and /or, 2. Alternatively, discuss and take other action related to this item. BACKGROUND & DISCUSSION: The California Legislature is reviewing legislation, AB 2702, regarding amendments to the existing second unit law. AB 2702 is sponsored by the California Association of Realtors and housing advocacy groups, and was introduced by Assemblyman Steinberg. As proposed, AB 2702 mandates numerous standards that eliminate local zoning authority over second units. Policies in this bill limit local ability to prohibit absentee - landlord duplexes to be created in single - family neighborhoods; reduce parking standards and mandate uncovered parking for second units as compared to other equivalent residential units; eliminate setback requirements for second units; establish minimum unit sizes regardless of the lot size and density requirements; and mandate densities for housing on school sites with no concern for location, traffic, site conditions, or local zoning regulations. At least 60 cities, the League of California Cities, the California Chapter of the American Planning Association and the California State Association of Counties are strongly opposing this legislation. The bill was passed by the Assembly on May 27, 2004. The bill has been sent to the Senate and is now in Committee. on next DOCUM 1. AB 2702 as Amended in Assembly on May 25, 2004 2. Assembly Floor Alert to the California Assembly Members 3. Opposition Letter FISCAL IMPACT: None Operating Budget: N/A Amount Requested: N/A Account Number: N/A Project Phase: N/A Yes X No Hansen, Director of Comm n, Economic and Deve I17A114 M] 086 STAFF REPORT: June 15, 2004 BACKGROUND & DISCUSSION: (continued from page 1) Page 2 The League of California Cities is urging cities to send letters in opposition to their Senators, with copies to their Assembly Members, the California Association of Realtors, their local realtors association, the League of California Cities, the California Chapter of the American Planning Association ( CCAPA), and the California State Association of Counties (CSAC). Staff agrees that AB 2702 is flawed and eliminates local control regarding second dwelling units. A copy of the legislation as reviewed and approved by the California Assembly is attached as well as a copy of the Assembly Floor Alert sent to the California Assembly by the League of California Cities, CCAPA and CSAC. A draft letter in opposition to AB 2702 regarding second units is attached for consideration. PAPlanning & Building SafetytStaff Reports 200AAB2702.CityCouncil 6.15.04.doc 087 AMENDED IN ASSEMBLY MAY 25, 2004 AMENDED IN ASSEMBLY MAY 6, 2004 AMENDED IN ASSEMBLY APRIL 28, 2004 AMENDED IN ASSEMBLY APRIL 19, 2004 AMENDED IN ASSEMBLY MARCH 26, 2004 CALIFORNIA LEGISLATURE- 2003 -04 REGULAR SESSION ASSEMBLY BILL No. 2702 Introduced by Assembly Member Steinberg February 20, 2004 An aet to _d O__.:__ 65683 of to add Sections 65852.8 _tt the Governtneffi 6�9144 fe, and to repeal Seetion 65852.2 , An act to amend Sections 65583 and 658522 of and to add Section 65917.1 to, the Government Code, relating to housing. LEGISLATIVE COUNSEUS DIGEST AB 2702, as amended, Steinberg. Housing: second units. (1) The Planning and Zoning Law requires the housing element of the general plan of a city or county to include, among other things, a program with a 5 -year schedule of actions that the local government is undertaking or intends to undertake to implement the goals and objectives of the housing element. The program is also required to provide for sufficient sites with zoning that permits owner - occupied and rental multifamily residential use by right. This bill would revise the definition of the phrase "use by right' as specified and state that the changes are declaratory of existing law. 94 • AB 2702 —2— (2) The Planning and Zoning Law authorizes a local agency to provide by ordinance for the creation of 2nd units on parcels zoned for a primary single - family and multifamily residence. When the local agency has not adopted an ordinance, it is required to grant a variance or special use permit for the creation of a 2nd unit that complies with statutory requirements but may require the applicant to be an owner - occupant. Existing law specifies the floor area of a permitted 2nd unit and parking requirements. This bill would revise the above requirements, as specified, and would provide that local agency ordinances, regulations, or policies may not preclude or effectively preclude 2nd units unless the local agency makes findings based on substantial evidence, as specified. The bill would prohibit a local agency from adopting an ordinance that requires an tinit to be an awner aeettpaitf or his or her owner's dependent or--a caregiver of eeeupants of 2nd tiftits to occupy the primary dwelling or 2nd unit or that limits occupancy based on familial status, age, or other specified characteristics. The bill would prohibit a local agency from imposing a deed restriction requirement or other specified restriction relating to occupancy, tenure, or other characteristics, as specified. The bill would also, among other things, prohibit a local agency from establishing minimum unit size requirements for attached and detached 2nd units below 550 livable square feet unless requested by the owner and would revise the parking requirements for 2nd units. The bill would authorize a local agency to charge a permit applicant a reasonable fee to cover the costs that it incurs as a result of the enactment of these provisions. (3) The Planning and Zoning Law also requires, when a developer of housing proposes a housing development within the jurisdiction of the local government, that the city, county, or city and county provide the developer with incentives or concessions for the production of lower income housing units within the development if the developer meets certain requirements. The bill would provide, with respect to those incentives, that multifamily and single - family residential use is a permitted use on any parcel zoned and developed for primary or secondary education and residential uses. By increasing the duties of local public officials, the bill would impose a state - mandated local program. 94 " � R -3— AB 2702 (4) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement, including the creation of a State Mandates Claims Fund to pay the costs of mandates that do not exceed $1,000,000 statewide and other procedures for claims whose statewide costs exceed $1,000,000. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. Vote: majority. Appropriation: no. Fiscal committee: yes. State - mandated local program: yes. The people of the State of California do enact as follows: 1 SECTION 1. Section 65583 of the Government Code is 2 amended to read: 3 65583. The housing element shall consist of an identification 4 and analysis of existing and projected housing needs and a 5 statement of goals, policies, quantified objectives, financial 6 resources, and scheduled programs for the preservation, 7 improvement, and development of housing. The housing element 8 shall identify adequate sites for housing, including rental housing, 9 factory-built housing, and mobilehomes, and shall make adequate 10 provision for the existing and projected needs of all economic 11 segments of the community. The element shall contain all of the 12 following: 13 (a) An assessment of housing needs and an inventory of 14 resources and constraints relevant to the meeting of these needs. 15 The assessment and inventory shall include all of the following: 16 (1) An analysis of population and employment trends and 17 documentation of projections and a quantification of the locality's 18 existing and projected housing needs for all income levels. These 19 existing and projected needs shall include the locality's share of the 20 regional housing need in accordance with Section 65584. 21 (2) An analysis and documentation of household 22 characteristics, including level of payment compared to ability to 23 pay, housing characteristics, including overcrowding, and housing 24 stock condition. 94 090 AB 2702 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 —4— (3) An inventory of land suitable for residential development, including vacant sites and sites having potential for redevelopment, and an analysis of the relationship of zoning and public facilities and services to these sites. (4) An analysis of potential and actual governmental constraints upon the maintenance, improvement, or development of housing for all income levels and for persons with disabilities as identified in the analysis pursuant to paragraph (6), including land use controls, building codes and their enforcement, site improvements, fees and other exactions required of developers, and local processing and permit procedures. The analysis shall also demonstrate local efforts to remove governmental constraints that hinder the locality from meeting its share of the regional housing need in accordance with Section 65584 and from meeting the need for housing for persons with disabilities identified pursuant to paragraph (6). (5) An analysis of potential and actual nongovernmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the availability of financing, the price of land, and the cost of construction. (6) An analysis of any special housing needs, such as those of the elderly, persons with disabilities, large families, farmworkers, families with female heads of households, and families and persons in need of emergency shelter. (7) An analysis of opportunities for energy conservation with respect to residential development. (8) An analysis of existing assisted housing developments that are eligible to change from low- income housing uses during the next 10 years due to termination of subsidy contracts, mortgage prepayment, or expiration of restrictions on use. "Assisted housing developments," for the purpose of this section, shall mean multifamily rental housing that receives governmental assistance under federal programs listed in subdivision (a) of Section 65863.10, state and local multifamily revenue bond programs, local redevelopment programs, the federal Community Development Block Grant Program, or local in -lieu fees. "Assisted housing developments" shall also include multifamily rental units that were developed pursuant to a local inclusionary housing program or used to qualify for a density bonus pursuant to Section 65916. 94 091 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 —5— AB 2702 (A) The analysis shall include a listing of each development by project name and address, the type of governmental assistance received, the earliest possible date of change from low- income use and the total number of elderly and nonelderly units that could be lost from the locality's low- income housing stock in each year during the 10 -year period. For purposes of state and federally funded projects, the analysis required by this subparagraph need only contain information available on a statewide basis. (B) The analysis shall estimate the total cost of producing new rental housing that is comparable in size and rent levels, to replace the units that could change from low- income use, and an estimated cost of preserving the assisted housing developments. This cost analysis for replacement housing may be done aggregately for each five -year period and does not have to contain a project -by- project cost estimate. (C) The analysis shall identify public and private nonprofit corporations known to the local government which have legal and managerial capacity to acquire and manage these housing developments. (D) The analysis shall identify and consider the use of all federal, state, and local financing and subsidy programs which can be used to preserve, for lower income households, the assisted housing developments, identified in this paragraph, including, but not limited to, federal Community Development Block Grant Program funds, tax increment funds received by a redevelopment agency of the community, and administrative fees received by a housing authority operating within the community. In considering the use of these financing and subsidy programs, the analysis shall identify the amounts of funds under each available program which have not been legally obligated for other purposes and which could be available for use in preserving assisted housing developments. (b) (1) A statement of the community's goals, quantified objectives, and policies relative to the maintenance, preservation, improvement, and development of housing. (2) It is recognized that the total housing needs identified pursuant to subdivision (a) may exceed available resources and the community's ability to satisfy this need within the content of the general plan requirements outlined in Article 5 (commencing with Section 65300). Under these circumstances, the quantified objectives need not be identical to the total housing needs. The 94 F 092 AB 2702 —6 1 quantified objectives shall establish the maximum number of 2 housing units by income category that can be constructed, 3 rehabilitated, and conserved over a five -year time period. 4 (c) A program which sets forth a five -year schedule of actions 5 the local government is undertaking or intends to undertake to 6 implement the policies and achieve the goals and objectives of the 7 housing element through the administration of land use and 8 development controls, provision of regulatory concessions and 9 incentives, and the utilization of appropriate federal and state 10 financing and subsidy programs when available and the utilization 11 of moneys in a low- and moderate - income housing fund of an 12 agency if the locality has established a redevelopment project area 13 pursuant to the Community Redevelopment Law (Division 24 14 (commencing with Section 33000) of the Health and Safety Code). 15 In order to make adequate provision for the housing needs of all 16 economic segments of the community, the program shall do all of 17 the following: 18 (1) (A) Identify adequate sites which will be made available 19 through appropriate zoning and development standards and with 20 services and facilities, including sewage collection and treatment, 21 domestic water supply, and septic tanks and wells, needed to 22 facilitate and encourage the development of a variety of types of 23 housing for all income levels, including multifamily rental 24 housing, factory-built housing, mobilehomes, housing for 25 agricultural employees, emergency shelters, and transitional 26 housing in order to meet the community's housing goals as 27 identified in subdivision (b). 28 (i) Where the inventory of sites, pursuant to paragraph (3) of 29 subdivision (a), does not identify adequate sites to accommodate 30 the need for groups of all household income levels pursuant to 31 Section 65584, the program shall provide for sufficient sites with 32 zoning that permits approval of owner - occupied and rental 33 multifamily units to obtain a residential use by right, including 34 density and development standards that could accommodate and 35 facilitate the feasibility of housing for very low and low- income 36 households. 37 (ii) Where the inventory of sites pursuant to paragraph (3) of 38 subdivision (a) does not identify adequate sites to accommodate 39 the need for farmworker housing, the program shall provide for 40 sufficient sites to meet the need with zoning that permits 94 093 7— AB 2702 1 farmworker housing use by right, including density and 2 development standards that could accommodate and facilitate the 3 feasibility of the development of farmworker housing for low- and 4 very low income households. 5 (B) For purposes of this subdivision, the phrase "use by right' 6 shall mean that the use does not require a conditional use permit 7 or a planned unit development permit, except when the proposed 8 project is a mixed -use project involving both commercial or 9 industrial uses and residential uses. Use by right for all rental 10 housing shall be provided in accordance with subdivision (f) of 11 Section 65589.5. The amendments to this subparagraph made by 12 the act adding this sentence are declaratory of existing law. 13 (C) The requirements of this subdivision regarding 14 identification of sites for farmworker housing shall apply 15 commencing with the next revision of housing elements required 16 by Section 65588 following the enactment of this subparagraph. 17 (2) Assist in the development of adequate housing to meet the 18 needs of low- and moderate - income households. 19 (3) Address and, where appropriate and legally possible, 20 remove governmental constraints to the maintenance, 21 improvement, and development of housing, including housing for 22 all income levels and housing for persons with disabilities. The 23 program shall remove constraints to, or provide reasonable 24 accommodations for housing designed for, intended for 25 occupancy by, or with supportive services for, persons with 26 disabilities. 27 (4) Conserve and improve the condition of the existing 28 affordable housing stock, which may include addressing ways to 29 mitigate the loss of dwelling units demolished by public or private 30 action. 31 (5) Promote housing opportunities for all persons regardless of 32 race, religion, sex, marital status, ancestry, national origin, color, 33 familial status, or disability. 34 (6) (A) Preserve for lower income households the assisted 35 housing developments identified pursuant to paragraph (8) of 36 subdivision (a). The program for preservation of the assisted 37 housing developments shall utilize, to the extent necessary, all 38 available federal, state, and local financing and subsidy programs 39 identified in paragraph (8) of subdivision (a), except where a 40 community has other urgent needs for which alternative funding 94 094 AB 2702 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 —8— sources are not available. The program may include strategies that involve local regulation and technical assistance. (B) The program shall include an identification of the agencies and officials responsible for the implementation of the various actions and the means by which consistency will be achieved with other general plan elements and community goals. The local government shall make a diligent effort to achieve public participation of all economic segments of the community in the development of the housing element, and the program shall describe this effort. (d) The analysis and program for preserving assisted housing developments required by the amendments to this section enacted by the Statutes of 1989 shall be adopted as an amendment to the housing element by July 1, 1992. (c) Failure of the department to review and report its findings pursuant to Section 65585 to the local government between July 1, 1992, and the next periodic review and revision required by Section 65588, concerning the housing element amendment required by the amendments to this section by the Statutes of 1989, shall not be used as a basis for allocation or denial of any housing assistance administered pursuant to Part 2 (commencing with Section 50400) of Division 31 of the Health and Safety Code. SEG3. Seetien 65852.9 is added to the Government Code-,to reams (e), (f), (g), and (k), a loeal ageney may, by ardiftanee, pf o-Ade feff the ereation of seeond units in single family and mttififamily residential zones. The or-dittanee ffiay do afty of the feilewirtg�. wher e seeettd units may be permifted. The designation of areas may be based an eritefia, that may iftelude, bot are not limited4a; 94 I 095 MONNIM, OE 94 I 095 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 -9- AB 2702 pi 94 096 NOR Wwilll Hww --- 94 096 AB 2702 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 -10- 94 097 - - .. 94 097 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 - 11 - AB 2702 94 098 I laft MIAMI 0- -- 94 098 -- ".. ... 94 098 AB 2702 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 —12— SEC. 2. Section 65852.2 of the Government Code is amended to read: 65852.2. (a) (1) A" Except as provided in subdivisions (c), (d), (e), (/), (g), and (k), a local agency may, by ordinance, provide for the creation of second units in single - family and multifamily residential zones. The ordinance may do any of the following: (A) Designate areas within the jurisdiction of the local agency where second units may be permitted. The designation of areas 94 099 - - - . .. SEC. 2. Section 65852.2 of the Government Code is amended to read: 65852.2. (a) (1) A" Except as provided in subdivisions (c), (d), (e), (/), (g), and (k), a local agency may, by ordinance, provide for the creation of second units in single - family and multifamily residential zones. The ordinance may do any of the following: (A) Designate areas within the jurisdiction of the local agency where second units may be permitted. The designation of areas 94 099 .... SEC. 2. Section 65852.2 of the Government Code is amended to read: 65852.2. (a) (1) A" Except as provided in subdivisions (c), (d), (e), (/), (g), and (k), a local agency may, by ordinance, provide for the creation of second units in single - family and multifamily residential zones. The ordinance may do any of the following: (A) Designate areas within the jurisdiction of the local agency where second units may be permitted. The designation of areas 94 099 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 —13— AB 2702 may be based on criteria, that may include, but are not limited to, the adequacy of water and sewer services and the impact of second units on traffic flow. (B) Impose reasonable standards on second units that include, but are not limited to, parking, height, setback, lot coverage, architectural review, maximum size of a unit, and standards that prevent adverse impacts on any real property that is listed in the California Register of Historic Places. (C) Provide that second units do not exceed the allowable density for the lot upon which the second unit is located, and that second units are a residential use that is consistent with the existing general plan and zoning designation for the lot. (2) The ordinance shall not be considered in the application of any local ordinance, policy, or program to limit residential growth. (3) When a local agency receives its first application on or after July 1, 2003, for a permit pursuant to this subdivision, the application shall bey approved or disapproved ministerially without discretionary review or a hearing, notwithstanding Section 65901 or 65906 or any local ordinance regulating the issuance of variances or special use permits. Nothing in this paragraph may be construed to require a local government to adopt or amend an ordinance for the creation of second units. A local agency may charge a fee to reimburse it for costs that it incurs as a reselt of amendWeYts pursuant to this paragraph enaeted duriftg the 2001 02 Regular Session of the including the costs of adopting or amending any ordinance that provides for the creation of second units. (b) (1) When a local agency wkieh that has not adopted an ordinance governing second units in accordance with subdivision (a) or (c) receives its first application an or after 4ttly 1, , for a permit pursuant to this subdivision, the local agency shall accept the application and approve or disapprove the application ministerially without discretionary review pursuant to this subdivision unless it adopts an ordinance in accordance with subdivision (a) or (c) within 120 days after receiving the application. Notwithstanding Section 65901 or 65906, every a local agency shall -gfant may not require a variance or speeial use discretionary permit for the creation of a second unit if the and shall approve an application for a second unit that complies with all of the following: 94 F 'j AB 2702 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 —14— (A) The unit is not intended for sale and may be rented. (B) The lot is zoned for single - family or multifamily use. (C) The lot contains an existing single - family dwelling. (D) The second unit is either attached to the existing dwelling dwelling—or emd leeated within the living area of the existittg detached from the existing dwelling and located on the same lot as the existing dwelling. (C) The iner_..sed floor . fea of an .. ..ebed ..,.eend tmit shall no not e3teeed 1,200 squafe feet. (Gj- Requirements relating to height, setback, lot coverage, architectural review, site plan review, fees, charges, and other zoning requirements generally applicable to residential °- en in the zone the primary dwelling in which the property is located. (H)- (F) Local building code requirements which apply to detached dwellings, as appropriate. (ff- (G) Approval by the local health officer where a private sewage disposal system is being used, if required. (H) The increased floor area of an attached second unit is not less than 550 square feet, unless requested by the owner. (I) The total floor area of a detached second unit is not less than 550 square feet, unless requested by the owner. (2) No other local ordinance, policy, or regulation shall be the basis for the denial of a building permit or a use permit under this subdivision. (3) This subdivision establishes the maximum standards that local agencies shall use to evaluate proposed second units on lots zoned for residential use which contain an existing single - family dwelling. No additional standards, other than those provided in this subdivision or subdivision (a), shall be utilized or imposed, issued pursti"t to this subdivision to be att owner eeeupaftt. (4) No changes in zoning ordinances or other ordinances or any changes in the general plan shall be required to implement this subdivision. Any local agency may amend its zoning ordinance or general plan to incorporate the policies, procedures, or other 94 I 101 15— AB 2702 1 provisions applicable to the creation of second units if these 2 provisions are consistent with the limitations of this subdivision. 3 (5) A second unit whieh that conforms to the requirements of 4 this subdivision shall not be considered to exceed the allowable 5 density for the lot upon which it is located, and shall be deemed to 6 be a residential use whieh that is consistent with the existing 7 general plan and zoning designations for the lot. The second units 8 shall not be considered in the application of any local ordinance, 9 policy, or program to limit residential growth. 10 (c) 11 pre4ades Local agency ordinances, regulations, or policies may 12 not preclude or effectively preclude second units within 13 all residentially zoned areas unless 14 the ardittanee eentains findings aeknewledgiftg local agency 15 finds, based on substantial evidence, that the ordinance may limit 16 housing opportunities of the region and 17 finding that specific adverse impacts en-upon the public health, 18 safety, and welfare theEwould result from allowing second units 19 within single - family and multifamily zoned areas justify adopting 20 the ordinance. 21 (1) Local governments shall apply appropriate standards as 22 defined in Section 65913. 1, and those standards shall be written, 23 objective, and adopted by the local government. 24 (2) Local agencies may not require any of the following: 25 (A) An owner's dependent or caregiver to occupy the primary 26 dwelling or second unit. A local agency may require an applicant 27 for a permit issued pursuant to this subdivision to be an 28 owner- occupant of either the primary or second unit. A local 29 agency may not impose a deed restriction requirement or other 30 limitation that (i) restricts the sale of the property to 31 owner - occupants, or (ii) restricts the occupancy of the primary or 32 second unit by tenure or any characteristic enumerated in Section 33 65008, it the applicant determines that her or she will not occupy 34 the primary or second unit. 35 (B) The occupancy of either unit to be restricted by familial 36 status, age, or any other characteristic enumerated in Section 37 65008. 38 (3) Nothing in this section shall prohibit a city, county, or city 39 and countyfrom regulating or prohibiting transient use of second 40 units in which rent is charged and collected on a daily basis. 94 F 10 2 AB 2702 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 —16— (d) A local agency may not establish minimum unit size requirements for both-attached and detached second units- open a pereentage of the existing dwelling, shall be established-i�y with laeft! development standards below 550 livable square feet unless requested by the owner. (e) A local agency may not establish minimum lot size requirements for detached second units above twice the square footage of the primary unit, unless requested by the owner. 69 Parking requirements for second units shall not exceed one parking space per unit or per bedroom. Additional pafk* may be existing dweilings. Covered parking may not be required. Local agencies may impose reasonable standards to limit on- street parking. Off - street parking shall be permitted in setback areas in locations determined by the local agency or through tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions, or that it is not permitted anywhere else in the jurisdiction. (f)-- (g) Fees charged for the construction of second units shall be determined in accordance with Chapter 5 (commencing with Section 66000). (g) his (h) Except as provided in subdivision (b), this section does not limit the authority of local agencies to adopt less restrictive requirements for the creation of second units. (h�_ (i) Local agencies shall submit a copy of the ordinance or ordinances adopted pursuant to subdivision (a) of (e) to the Department of Housing and Community Development within 60 days after adoption. ff- 0) As used in this section, the following terms tnean apply: 94 103 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 —17— AB 2702 (1) , (2-)-"Local agency" means a city, county, or city and county, whether general law or chartered. (3) For puTeses efthis seefieft, "neighbor-head" has the same (2) "Second unit" means an attached or a detached residential dwelling unit which provides complete independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single - family dwelling is situated. A second unit also includes any of the following: (A) An efficiency unit, as defined in Section 17958.1 of the Health and Safety Code. (B) A manufactured home, as defined in Section 18007 of the Health and Safety Code. (0- (k) Nothing in this section shall be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act (Division 20 (commencing with Section 30000) of the Public Resources Code), except that the local government shall not be required to hold public hearings for coastal development permit applications for second units. (1) A local agency may charge a reasonable fee to an applicant for a permit pursuant to this section to reimburse the agency for costs that it incurs as a result of the enactment in 2004 of amendments to this section, including the costs of adopting or amending any ordinance that provides for the creation of second units. SEC. 3. Section 65917.1 is added to the Government Code, to read: 65917.1. When a school district agrees to allow multifamily or a single - family residential use on the school district's property and agrees to adequate security features such as separate entrances that segregate the two uses, the residential density permitted on the parcel is the highest multifamily residential density permitted on any parcel within 300 feet plus any density bonus mandated by Section 65915. If there is no multifamily residential use permitted 94 104 AB 2702 —18— 1 within 300 feet, the permitted residential density on the parcel 2 being developed for primary or secondary education and 3 residential uses is the highest multifamily residential density 4 allowable in the community plan area. 5 SEG. 6. 6 SEC. 4. Notwithstanding Section 17610 of the Government 7 Code, if the Commission on State Mandates determines that this 8 act contains costs mandated by the state, reimbursement to local 9 agencies and school districts for those costs shall be made pursuant 10 to Part 7 (commencing with Section 17500) of Division 4 of Title 11 2 of the Government Code. If the statewide cost of the claim for 12 reimbursement does not exceed one million dollars ($1,000,000), 13 reimbursement shall be made from the State Mandates Claims 14 Fund. I 94 105 LEAGUE CITIES League of California Cities 1400 K Street, 4`s Floor Sacramento, CA 95814 916 -658 -8200 To: All Assembly Members Date: May 14, 2004 American Planning Association California Chapter 925 L Street, Suite 340 Sacramento, CA 95814 916 - 443 -5301 Assembly Floor Alert California State Association of Counties 1100 K Street, Suite 101 Sacramento, CA 95814 916 - 327 -7500 RE: AB 2702 (Steinberg) Second Units Revisited/Housing On School Sites From: Sande George, Legislative Representative, American Planning Association, CA Chpt. DeAnu Baker, Legislative Representative, CA State Association of Counties Daniel Carrigg, Legislative Representative, League of California Cities Over 60 cities have sent letters of opposition to this legislation: Agoura Hills, Alhambra, Antioch, Atherton, Bellflower, Belmont, Brea, Camarillo, Campbell, Chino Hills, Chula Vista, Clayton, Coalinga, Concord, Coronado, Costa Mesa, Culver City, Cypress, Daly City, Elk Grove, Fremont, Hercules, Lafayette, Lakewood, Lake Forest, Malibu, Monterey, Monterey Park, Moorpark, Moreno Valley, Napa, Oakley, Ontario, Orinda, Pacific Grove, Palos Verdes Estates, Pasadena, Pleasanton, Rancho Cucamonga, Redwood City, Riverside, Rolling Hills Estates, Roseville, San Dimas, San Luis Obispo, San Mateo, Santa Clara, Santa Monica, Santa Rosa, Scotts Valley, Seal Beach, Selma, Sierra Madre, Signal Hill, South San Francisco, Sunnyvale, Thousand Oaks, Torrance, Walnut Creek, Westlake Village, Yucca Valley Our organizations continue to OPPOSE AB 2702 (Steinberg), and respectfully request your "NO" VOTE for the following reasons: Poor Timing: Less than nine months have passed since the effective date of AB 1866 (Wright), which removed opportunity's for discretionary reviews of applications by planning commission, and mandated that all second unit applications to be ministerial. This required local governments to expend time and resources updating their ordinances. Given that the new law is barely in effect, it makes little policy sense to mandate additional changes to these ordinances. Bad Policy and No Justification: This bill mandates standards that have proven unacceptable to the residents of single - family housing. Policies in this bill such as those limiting local ability to prohibit absentee - landlord duplexes to be created in single - family neighborhoods, reducing parking standards, dictating irrational minimum lot and unit sizes regardless of lot dimensions have already provoked a reaction from residents. Aside from the disruption caused to single - family neighborhoods throughout the state, our organizations are not convinced that compelling evidence exists to justify either the one- size- fits -all restrictions on local land use decisions or the expense of once again revising second unit ordinances. Furthermore, the mandated densities for housing on school sites provision in this bill not 106 AB 2702 (Steinberg) Notice of Opposition Page 2 of 2 March 31, 2004 only usurps local zoning authority, it represents irresponsible planning, with no appreciation or understanding of location, traffic, site conditions, or other local issues. Significant Costs: At a time when an additional $1.3 billion in local property tax and other cuts are proposed to be taken from local governments to resolve the state's budget deficit, we would hope that the Legislature would exercise some restraint prior to imposing additional mandates and costs on local governments. This bill will compel 478 cities and 58 counties to amend their ordinances to comply with these new mandates. Language inserted into this measure which implies that local governments will not have to either amend their ordinances or can simply charge "fees" to is simply an attempt to avoid the mandated costs of this measure. Local governments will be required to front the costs of this measure, and with limited applications in many jurisdictions the fees would be excessive. Given the poor timing, bad policies, lack of justification, and costs to local governments, we urge you to exercise restraint and Vote "No" on AB 2702. Please feel free to contact us to discuss any of the above stated concerns in more detail. 107 ""-NY O) u SE G�S� June 15, 2004 The Honorable Debra Bowen State Capitol, Room 4040 Sacramento, CA 95814 RE: AB 2702 (Steinberg) Housing: Second Units. Notice of Opposition Dear Senator Bowen: The City of El Segundo OPPOSES AB 2702. Local governments are still adjusting to the many mandates imposed by last year's AB 1866 (Wright). which prohibited public hearings on second unit applications, and created many unresolved legal issues with its provisions that authorized a developer of a density bonus project to demand that the local government waive "any ordinance, general plan element, specific plan, charter amendment, or other local law, policy or regulation" or face lawsuits. AB 2702 still attempts to dictate the specific requirements of local zoning ordinances applicable to every neighborhood in the state. This one - size - fits -all approach to second unit development transfers significant local land use authority to Sacramento. Policies in this bill such as those limiting local ability to prohibit absentee - landlord duplexes to be created in single - family neighborhoods, reducing parking standards, dictating irrational minimum lot and unit sizes regardless of lot dimensions have already provoked a reaction from residents. Over 60 cities have expressed their opposition to AB 2702 thus far. Furthermore, the mandated densities for housing on school sites provision in this bill not only usurps local zoning authority, it represents irresponsible planning, with no appreciation or understanding of location, traffic, site conditions, or other local issues. The second units issue needs more time for careful evaluation. The Legislature has neither investigated the effects of AB 1866, nor the topic of second units in 108 any deliberative way. Less than nine months have passed since the effective date of AB 1866 (Wright), of 2001, which required all second unit applications to be ministerial. The City of El Segundo questions the wisdom of reopening this debate without providing sufficient time to evaluate the impacts of last year's AB 1866, particularly since AB 2702 simply proposes yet another rewrite of local ordinances and imposes a one - size - fits -all approach on every community in the state. Moreover, it seems nonsensical to advance a bill of this nature at a time when budget proposals continue to include plans to shift local revenues to the state level to cover deficits. The City of El Segundo strongly urges you to carefully consider the experiences local governments have had with implementation of AB 1866 (Wright) before proceeding with AB 2702. From a city standpoint, this measure effectively zones residential land at the state level. The unfortunate consequence is that this one - size - fits -all approach is likely to increase community opposition to second units in the form of legal challenges and local referenda, rather than encourage their development. Sincerely, Mayor Kelly McDowell Jim Boulgarides Council Member Carl Jacobson Council Member cc: The Honorable George Nakano California Association of Realtors South Bay Association of Realtors League of California Cities John G. Gaines Mayor Pro Tern Eric Busch Council Member American Planning Association, California Chapter California State Association of Counties P.Planning & Building Safety\Letters\kcWB2702.doc 1OA EL SEGUNDO CITY COUNCIL AGENDA ITEM STATEMENT DESCRIPTION: MEETING DATE: June 15, 2004 AGENDA HEADING: Mayor Pro Tern Gaines Consideration and possible action regarding the City Council's signature on letters urging the Governor, Senator Bowen and Assemblymember Nakano to work with the Board of Directors and staff of the California Energy Commission (CEC) to expedite the license approval process for the El Segundo Generating Station Repowering Project located at 301 Vista Del Mar, El Segundo, Califonnia. RECOMMENDED COUNCIL ACTION: 1) Approve and sign the attached letters to the Governor, Senator Bowen and Assemblymember Nakano; 2) Alternatively, discuss and take other action related to this item. BACKGROUND & DISCUSSION: In late May, the California Energy Commission (CEC) decided to delay its decision indefinitely regarding the license application from El Segundo Power (a partnership of NRG Energy and Dynegy, Inc.) for the repowering project at its El Segundo Generating Station facility. The CEC has requested the time to perform additional studies on potential impacts on local marine biology that might exist as a result of the repowering. Accordingly, I am requesting that the City Council request formally that the Governor and our local legislators intervene in helping expedite the CEC's consideration of the license application. ATTACHED SUPPORTING DOCUMENTS: Letters to the Governor, Senator Bowen and Assemblymember Nakano. FISCAL IMPACT: None Operating Budget: Amount Requested: Account Number: Project Phase: Appropriation Required: _Yes _ No Oavor Pro Tem neTF- 15 110 Elected Officials: Kelly McDowell, Mayor John G. Games, Mayor Pro Tom Jim Boulgandes, Council Member Eric N. Busch, Council Member Carl Jacobson, Council Member Cindy Mortesen, city Clerk Ralph Lamphere, City Treasurer Appointed Officials: Mary Streon, City Manager Mark D. Hensley, City Anomey Department Directors: Jeffrey Stewart, Assistant City Manager Bret Plum/ee, Administrative Services James Hansen, Community, Economic al Developmen! Services Norm Angelo, Fire Chief Debra Brighton, Library 6 Cable Services Jack Wayf, Police Chief Interim Director, Public Works Stacia Mancini, Recreation 6 Parks www.elsegundo.org June 15, 2004 i i Office of the City Council The Honorable Arnold Schwarzenegger Governor State of California State Capitol Building Sacramento, CA 95814 Dear Governor Schwarzenegger: Last month, our City became aware of your interest in working with the California Public Utilities Commission to establish appropriate guidelines allowing commercial energy providers in California the ability to enter into long -term contracts to provide electrical power to specific customers in the State. Though controversial among some quarters, we believe your efforts represent an important part of the matrix of ideas and solutions that will result in a stable supply of electrical power in California. Having studied the issue for the past three years, we share your long -term concerns about the generation of electrical power and am writing to urge your involvement in a related issue. Earlier this month, we learned that the California Energy Commission (CEC) decided to delay its decision indefinitely on granting a license to El Segundo Power (a partnership of NRG Energy and Dynegy, Inc.) for the repowering project at its El Segundo Generating Station. The decision to delay the proceedings comes after more than two years of deliberations on the matter. The project, in brief, would result in a state -of- the -art combined cycle power generating station that would produce 630 megawatts of electricity, thus increasing the plant's current capacity by 280 megawatts. Given that there is general consensus that the State will again face serious gaps in the production and distribution of electrical power by this time next year, if not sooner, the CEC's decision to stop the permit process is unconscionable. Accordingly, we are writing to request your personal intervention with the staff and Board of Directors of the CEC to get this project back on track. 350 Main Street, El Segundo, California 90245 -3813 111 Phone (310) 524 -2302 FAX (310) 322 -7137 The Honorable Arnold Schwarzenegger June 15, 2004 Page 2 of 2. Since the wake -up call provided by statewide rolling blackouts three years ago, those who have followed this issue have promulgated a policy of increasing electrical power production capabilities throughout the State. Despite those efforts, the California ISO has indicated that the need for electrical power will soon outstrip available capacity. As such, it is imperative that we seek to develop additional electricity generation capabilities now, before it becomes a crisis. To date, your tenure as Governor has been marked by an ability to distill issues to their basics and take appropriate action. I trust that a review of the current inertia in the CEC regarding the El Segundo Power Repowering Project will lead to positive action. Regardless of one's feelings about power production companies and the other players in the complex electrical power grid in California, it is clear that our economy cannot weather another period of electrical power shortages. We appreciate your time and attention regarding this matter. If you or your staff has any questions, please feel free to give me a call at (310) 524 -2303. Sincerely, Mayor Kelly McDowell Jim Boulgarides Council Member Carl Jacobson Council Member John G. Gaines Mayor Pro Tern Eric Busch Council Member 112 Elected Officials: Kelly McDowell, Mayor John G. Gaines, Mayor Pre Tem Jim Boulgarides, Council Member Eric K. Busch, Council Member Cad Jacobson, Council Member Cindy Monesen, City Clerk Ralph Lanphen, City Treasurer Appointed Officials: Mary Stnnn, City Manager Mark D. Hensley, City Attorney Department Directors: Jeffrey Stewart, Assistant City Manager Bret Plum/se, AdramistretNe Services James Hansen, Community, Economic at Development Services Norm Angelo, Fire Chief Debra Brighton, Library 6 Cable Services Jack Wayq Police Chief Interim Director, Public Works Stacla Mancini, Recreation 6 Parks www.elsegundo.org June 15, 2004 The Honorable Debra Bowen Senator, 28th District State Capitol, Room 4040 Sacramento, CA 95814 Office of the City Council Re: California Energy Commission (CEC) decision to delay its decision on the repowering project at the El Segundo Generating Station Dear Senator Bowen: Our City became aware recently, that the California Energy Commission (CEC) decided to delay its decision indefinitely on granting a license to El Segundo Power (a partnership of NRG Energy and Dynegy, Inc.) permitting the repowering project at its El Segundo Generating Station. The decision to delay the proceedings comes after more than two years of deliberations on the matter. The project, in brief, would result in state -of- the -art combined cycle power generating station that would produce 630 megawatts of electricity, increasing the plant's current capacity by 280 megawatts. Given that there is general consensus that the State will again face serious gaps in the production and distribution of electrical power by this time next year, if not sooner, the CEC's decision to stop the permit process is unconscionable. Accordingly, we are writing to request your personal intervention with the staff and Board of Directors of the CEC to get this project back on track. Since the wake -up call provided by statewide rolling blackouts three years ago, those who have followed this issue have promulgated a policy of increasing electrical power production capabilities throughout the State. Despite those efforts, the California ISO has indicated that the need for electrical power will soon outstrip available capacity. 350 Main Street, El Segundo, California 90245 - 3813 1 1 Phone (310) 524 -2302 FAX (310) 322 - 7137 1 1 3 The Honorable Debra Bowen June 15, 2004 Page 2 of 2. As such, it is imperative that we seek to develop additional electricity generation capabilities now, before it becomes a crisis. We trust that a review of the current inertia in the CEC regarding the El Segundo Power Repowering Project will lead to positive action. Regardless of one's feelings about power production companies and the other players in the complex electrical power grid in California, it is clear that our economy cannot whether another period of electrical power shortages. We appreciate your time and attention regarding this matter. If you have any questions, please feel free to call at (310) 524 -2302. Sincerely, Mayor Kelly McDowell John G. Gaines Mayor Pro Tern Jim Boulgarides Eric Busch Council Member Council Member Carl Jacobson Council Member 11.4 June 15, 2004 / �� Office of the City Council Elected Officials: Dear Assemblymember Nakano: Kelly McDowell, Mayor John G. Gaines, The Honorable George Nakano Mayor Pm Tom Jim Boulgaddes, Assemblymember, 53rd District Councll Member Edc K. Busch, State Capitol, P.O. Box 942849 Council Member Carl Jacobson, Sacramento, CA 95814 Council Member delay the proceedings comes after more than two years of deliberations on Cindy MOrtesen, the matter. The project, in brief, would result in state -of- the -art combined City Clerk Ralph LanPhere, Re: California Energy Commission (CEC) decision to delay its decision Cary Treasurer on the repowering project at the El Segundo Generating Station Appointed Officials: Dear Assemblymember Nakano: Mary Stmmn, City Manager Mark D. Hensley, Our City became aware recently, that the California Energy Commission City Attorney (CEC) decided to delay its decision indefinitely on granting a license to El Segundo Power (a partnership of NRG Energy and Dynegy, Inc.) permitting Department Directors: the repowering project at its El Segundo Generating Station. The decision to Jenreyste.n. delay the proceedings comes after more than two years of deliberations on Assistant City Manager Bmtphuuml..�retise the matter. The project, in brief, would result in state -of- the -art combined services James Hansen, cycle power generating station that would produce 630 megawatts of Community, lopme Economic and Development nt Services electricity, increasing the plant's current capacity by 280 megawatts. Given Norm Angelo, Fire chief that there is general consensus that the State will again face serious gaps in Dab Library 6 Cable Services the production and distribution of electrical power by this time next year, if not Jack oll eChief sooner, the CEC's decision to stop the permit process is unconscionable. Interim Director' Public Pu blic Worts Accordingly, we are writing to request your personal intervention with the staff 5'a`Ra reat% n&Parks and Board of Directors of the CEC to get this project back on track. Since the wake -up call provided by statewide rolling blackouts three years ago, those who have followed this issue have promulgated a policy of www.elsegundo.org increasing electrical power production capabilities throughout the State. Despite those efforts, the California ISO has indicated that the need for electrical power will soon outstrip available capacity. 350 Main Street, El Segundo, California 90245 -3813 I Phone (310) 524 -2302 FAX (310) 322 -XXXX The Honorable George Nakano June 15, 2004 Page 2 of 2. As such, it is imperative that we seek to develop additional electricity generation capabilities now, before it becomes a crisis. We trust that a review of the current inertia in the CEC regarding the El Segundo Power Repowering Project will lead to positive action. Regardless of one's feelings about power production companies and the other players in the complex electrical power grid in California, it is clear that our economy cannot whether another period of electrical power shortages. We appreciate your time and attention regarding this matter. If you have any questions, please feel free to call at (310) 524 -2302. Sincerely, Mayor Kelly McDowell John G. Gaines Mayor Pro Tern Jim Boulgarides Eric Busch Council Member Council Member Carl Jacobson Council Member 1iq