2004 SEP 21 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, SEPTEMBER 21, 2004 — 5:00 P.M.
Next Resolution # 4390
Next Ordinance # 1378
5:00 P.M. SESSION
CALL TO ORDER
ROLL CALL
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.
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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)) — 5
matters
1. Flynn v. City of El Segundo, LASC No. YC046253
2. Bressi v. City of El Segundo, LASC Nos. BC288292 and 288293
3. Hafley v. City of El Segundo, LASC No. YC045092
4. Grimmond v. City of El Segundo, WCAB No. MON0285074
5. Mullen v. City of El Segundo, WCAB No. MON0241869
CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to Government Code §54956.9(b): -0- potential case (no further public
statement is required at this time); Initiation of litigation pursuant to Government Code §54956.9(c): -0- matter.
DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957) — 0 matter
CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957.6) — 2 matters
1. Represented Group: City Employees Association
Labor Negotiators: Mary Strenn & Bruce Barsook
2. Represented Group: Police Support Services
Labor Negotiators: Mary Strenn & Bruce Barsook
CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8) —0 matter
SPECIAL MATTERS — 0 matter
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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, SEPTEMBER 21, 2004 — 7:00 P.M.
Next Resolution # 4390
Next Ordinance # 1378
7:00 P.M. SESSION
CALL TO ORDER
INVOCATION — Pastor Jon Feldschau of El Segundo Foursquare Church
PLEDGE OF ALLEGIANCE — Council Member Jim Boulgarides
PRESENTATIONS —
Presentation by Dina Cramer, Adult & Information Services Manager, announcing October
2004 as "Hemingway Month" at the El Segundo Library in commemoration of the 50th
anniversary of Ernest Hemingway's Nobel Prize for Literature.
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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
1. Consideration and possible action (continued Public Hearing) regarding the Fiscal
Year 2004 -2005 Budget and Five -Year Capital Improvements Plan and Adoption of
Resolutions approving Appropriation Limit, Preliminary Budget as amended, and
Capital Improvement Plan as amended. Copies of the 2004 -2005 Preliminary
Budget can be found in the Library, City Clerk's office, and the City's website.
Recommendation — (1) Conduct Public Hearing; (2) Adopt the Resolution approving and
adopting the Fiscal Year 2004 -2005 Operating Budget and the Five -Year Capital
Improvement Budget;
a. Incorporate "Exhibit A Fiscal Year 2004 -2005 Change List of Budget Revisions
in all Funds" into the Adopted Budget and fund any General Fund changes from
the Economic Uncertainty Fund.
b. Reserve $1.0 million in the Economic Uncertainty Fund to address any
additional Fiscal Year 2004 -2005 reduction in gas Utility User's Taxes (UUT)
and make any necessary Fiscal Year 2004 -2005 budget adjustments during the
Fiscal Year 2004 -2005 Midyear Review.
C. Fund any reduction in savings from the Fire Department's alternative "run short"
scenarios (to "run short" means that on a given day and temporary basis, not
filling a vacant position with overtime personnel) from the Economic Uncertainty
Fund.
d. Deposit any Fiscal Year 2003 -2004 General Fund savings into the Economic
Uncertainty Fund in Fiscal Year 2004 -2005 once the Fiscal Year 2003 -2004
audit is complete.
e. Direct staff to make other revisions to the Fiscal Year 2004 -2005 Preliminary
Budget and direct staff with respect to the funding of such revisions.
(3) Adopt the Resolution approving and adopting the Appropriations Limit for FY 2004-
2005, as presented; (4) Alternatively discuss and take other action related to this item.
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2. Consideration and possible action regarding approval of the proposed revisions
made to the Library and Cable Services Department schedule of fines and fees.
Recommendation — (1) Conduct Public Hearing; (2) Adopt a resolution establishing a
revised and restated fines and fees schedule related to Library services; (3)
Alternatively, discuss and take other action related to this item.
3. Consideration and possible action on a public hearing to modify Paramedic
Transport Rates. This increase would help recover increased operation costs.
The proposed rates are comparable with rates set by Los Angeles County Health
Services. It is estimated the revised fee schedule would generate an additional
$25,500 in cost recovery annually.
Recommendation — (1) Conduct public hearing; (2) Adopt resolution for revised rate
schedule; (3) Alternatively, discuss and take other action related to this item.
4. Consideration and possible action for a public hearing on the operating and
capital outlay requests up to $253,000 in the existing Citizens Option for Public
Safety (COPS) Supplemental Law Enforcement Services Fund (SLESF) account by
the Chief of Police. These requests will be utilized for "front line law
enforcement ".
Recommendation — (1) Open Public Hearing to consider funding requests from the Chief
of Police; (2) Discussion; (3) Alternatively, discuss and take other action related to this
item.
C. UNFINISHED BUSINESS
D. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS
E. CONSENT AGENDA
All items listed are to be adopted by one motion without discussion and passed unanimously. If a call for discussion of
an item is made, the item(s) will be considered individually under the next heading of business.
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5. Warrant Numbers 2542915 to 2543175 on Register No. 23 in the total amount of
$743,547.71 and Wire Transfers from 8/27/2004 through 919/2004 in the total
amount of $411,607.28.
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.
6. City Council Meeting Minutes of September 7, 2004.
Recommendation — Approval.
7. Consideration and possible action regarding approval of annual professional
services agreements and issuance of blanket purchase orders for FY04 -05 in
excess of $10,000 for the Administrative Services Department. (Fiscal Impact
Recommendation — (1) Authorize the City Manager to execute a one -year contract for
professional services, as approved to form by the City Attorney for Geographic
Information System /Global Positioning System (GIS /GPS) consulting with Michael
McDaniel (sole proprietor) and issuance of blanket purchase order, not to exceed
$15,000; (2) Authorize the City Manager to amend /extend Contract #3105, as approved
to form by the City Attorney with NOROC (actual company name) for Information
Systems network consulting services and issuance of blanket purchase order, not to
exceed $60,000; (3) Authorize the City Manager to amend the existing standard
Professional Services Agreement, as approved to form by the City Attorney with Vertex
Communications, Inc. for telephone system services and issuance of blanket purchase
order, not to exceed $11,000; (4) Authorize the City Manager to execute a standard
Professional Services Agreement, as approved to form by the City Attorney with
Westchester Medical Group for FY 2004/05 for annual employee fitness - for -duty (not to
exceed $60,000) and executive physical examinations (not to exceed $10,000) and
issuance of blanket purchase order, not to exceed $70,000; (5) Authorize the issuance
of a Change Order to P.O. 60 -00622 with Class Software Solutions, LTD. for additional
licensing and training to complete cashiering decentralization program, not to exceed
$23,500; (6) Authorize the City Manager to execute a standard Professional Services
Agreement, as approved to form by the City Attorney with Municipal Revenue Advisors
for business, sales and use taxes revenue enhancement program; (7) Alternatively,
discuss and take other action related to these items.
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8. Consideration and possible action regarding the annual renewal of the Library
Department's blanket purchase orders for four vendors: Baker & Taylor
Information Services, OCLC Inc., Ebsco Subscription Services, and Innovative
Interfaces Inc. (Fiscal Impact: $130,100)
Recommendation — (1) Authorize blanket purchase orders to Baker & Taylor Information
Services, OCLC Inc., Ebsco Subscription Services, and Innovative Interfaces for FY
2004 -2005 for supplying library materials, online cataloging services and system
maintenance; (2) Alternatively, discuss and take other action related to this item.
9. Consideration and possible action regarding: 1) the approval of amendment no. 2
for the extension of an existing contract with Gary V. Bufkin Consulting (GVBCC)
for development of a web -based permit system for one year. (No Fiscal Impact);
2) the approval of amendment no. 2 for the extension of an existing contract with
MRH Structural Engineers (MRH) for plan review services for an additional two
years. (Fiscal Impact $205,000 for Fiscal Year 2004 - 2005); and 3) the approval of
amendment no. 1 for the extension of an existing contract with Data Micro Imaging
Company (DMC) for microfiche services for one year. (Fiscal Impact: $20,000 for
Fiscal Year 2004 - 2005).
Recommendation — (1) Authorize the City Manager to approve amendment no. 2 to
GVBCC; (2) Authorize the City Manager to approve amendment no. 2 to MRH; (3)
Authorize the City Manager to approve amendment no. 1 to DMC; (4) Alternatively,
discuss and take other action related to this item.
10. Consideration and possible action regarding the issuance of blanket purchase
orders to Bound Tree Medical (to purchase medical supplies from single source
vendor), UCLA (for continuing education, defibrillation training and Automatic
External Defibrillator (AED) program oversight), and Pinkerton Government
Services, Inc. (to perform high rise inspection services). (Fiscal Impact: $24,200,
$20,000 and $10,500, respectively).
Recommendation — (1) Authorize the El Segundo Fire Department to piggyback on the
City of Santa Clara 2004 Bound Tree Medical bid; (2) Authorize issuance of a blanket
purchase order to Bound Tree Medical for FY 2004 -2005 for medical supplies; (3)
Authorize the issuance of a blanket purchase order for FY 2004 -2005 to UCLA Center
for Prehospital Care for continuing education, defibrillation training and AED program
oversight; (4) Authorize issuance of a blanket purchase order for FY 2004 -2005 to
Pinkerton Government Services, Inc. to perform annual high rise inspection services; (5)
Alternatively, discuss and take other action related to this item.
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11. Consideration and possible action to approve agreements with Cassidy &
Associates, The MWW Group and Urban Dimensions for work related to the City's
efforts regarding Los Angeles International Airport, lobbying efforts in
Washington, D.C. and obtaining federal transportation funds. (Fiscal Impact:
$256,000).
Recommendation — (1) Authorize Mayor to execute consultant agreements with Cassidy
& Associates, The MWW Group and Urban Dimensions effective October 1, 2004; (2)
Alternatively, discuss and take other action related to this item.
12. Consideration and possible action regarding approval of issuance of blanket
purchase orders for FY 04/05 in excess of $10,000 for individual contract
instructor agreements, insurance coverage for contract instructors /participants
and contract extension for Studio Printing. (Fiscal Impact: $285,400).
Recommendation — (1) Authorize City Manager to execute standard individual Contract
Instructor Agreements; (2) Authorize issuance of blanket purchase order to Southern
California Municipal Athletic Federation (SCMAF) for FY 2004 -2005 for providing
insurance coverage to contract instructors and participants; (3) Authorize City Manager
to execute extension options in the Studio Printing agreement; (3) Alternatively, discuss
and take other action related to this item.
13. Consideration and possible action regarding approval of annual professional
services agreements and issuance of blanket purchase orders for FY04 -05 in
excess of $10,000 for the Police Department.
Recommendation — (1) Authorize the City Manager to execute a one -year contract for
professional services for copier /printer services with Oce Copy Machine not to exceed
$14,004; (2) Authorize the City Manager to execute a one year contract for Computer
Aided Dispatching /Records Management System, Mobile Data Computer maintenance
and operations with the West Covina Services Group, not to exceed $70,000; (3)
Authorize the City Manager to extend the existing standard Professional Services
Agreement to help fund the Reach Out Against Drugs (R.O.A.D.) program, not to exceed
$10,000; (4) Authorize the City Manager to execute a one year contact with Motorola for
two way radio repair and maintenance of the Communication Center's radio assets and
infrastructure, not to exceed $75,000; (5) Authorize the City Manager to execute a one
year contract for maintenance for the systems used by the Communications Center to
record all telephone and public safety radio transmission with Dictaphone, not to exceed
$11,000; (6) Authorize the City Manager to execute a one year contact for animal
sheltering services with the Society for the Prevention of Cruelty to Animals Los Angeles,
not to exceed $27,000; (7) Alternatively discuss and take other action related to these
items.
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14. Consideration and possible action regarding the bi- annual adoption of a Conflict
of Interest Code required by The Political Reform Act (Government Code Section
81000 et. seq.) rescinding Resolution No. 4324 and adopting a new resolution
approving a new Conflict of Interest Code.
Recommendation — (1) Adopt Resolution; (2) Alternatively, discuss and take other action
related to this item.
15. Consideration and possible action regarding Contract Amendment No. 1 to a
contract (no. 3184) with Tina Gall and Associates for Community Development
Block Grant (CDBG) management services for fiscal year 2003/2004 to include an
expanded scope of services for the negotiation and sale of Community
Development Block Grant (CDBG) funds. The amount of the contract is $19,600
(an increase of $4,510).
Recommendation — (1) Authorize City Manager to execute Contract Amendment No. 1 in
a form to be approved by the City Attorney with Tina Gall and Associates for an
expanded scope of services in an amount not to exceed $19,600; (2) Alternatively,
discuss and take other action related to this item.
16. Consideration and possible action regarding the acceptance of a grant award from
the U.S. Department of Homeland Security (DHS), USFA/Federal Emergency
Management Agency (FEMA) under the 2004 Assistance to Firefighters Grant
Program. (Fiscal Impact $145,200).
Recommendation — (1) Authorize the acceptance of a DHS /FEMA/USFA grant award
( #EMW- 2004 -FG- 14381) for $145,200; (2) Authorize the Fire Department to appropriate
$130,680 from FEMA/DHS through electronic fund transfer (90% federal cost share); (3)
Encumber $14,520 (local share 10 %) from the Equipment Replacement account for Fire
Department Self- Contained Breathing Apparatus (SCBA); (4) Alternatively, discuss and
take other action related to this item.
17. Consideration and possible action to modify the current Lateral Entry Program
regarding the candidate's qualifications for both police officer and dispatcher
Recommendation — (1) Modify the Lateral Entry Police Officer Program to include
applicants who have separated within the past thirty -six months from a state, county, or
municipal law enforcement agency and possess a California Commission on Peace
Officer Standards and Training (P.O.S.T.) Basic Certificate. This separation cannot be
due to termination or resignation in lieu of termination; (2) Modify the Lateral Entry
Dispatcher II Program to include applicants who have separated within the past thirty -six
months, as a Public Safety Dispatcher from a state, county, city or agency thereof, for a
minimum of two (2) years and possess, or have the ability to obtain, a valid Public Safety
Dispatcher Certificate issued by the California Commission on P.O.S.T. This separation
cannot be due to termination or resignation in lieu of termination; (3) Alternatively,
discuss and take other action related to this item.
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18. Consideration and possible action regarding adoption of plans and specifications
for the abatement of asbestos and lead materials from the existing clubhouse
located at 300 East Pine Avenue — Project No. PW 04-08. (Estimated Cost:
$100,000).
Recommendation — (1) Adopt plans and specifications; (2) Authorize staff to advertise
the project for receipt of construction bids; (3) Alternatively, discuss and take other action
related to this item.
19. Consideration and possible action regarding a Special Permit per Municipal Code,
Chapter 2, 6 -2-4: Circus, Carnival, Wild West Show, Parade for the El Segundo
Chamber of Commerce.
Recommendation — (1) Approve Special Permit in Municipal Code, Chapter 2, 6 -2 -4:
Circus, Carnival, Wild West Show, Parade for El Segundo Chamber of Commerce to
facilitate a petting zoo and pet adoption outlet at the Richmond Street Fair; (2)
Alternatively, discuss and take other action related to this item.
20. Consideration and possible to award purchase order increase (for 2003/04) and
contract to Amy Lane from $9,950 to $13,450 to provide services as Assistant
Coach for Youth and Adult Tennis Programs for the Recreation and Parks
Department. (Fiscal Impact: $3,500).
Recommendation — (1) Award purchase order increase and contract to Amy Lane in the
amount of $3,500 for a total value of $13,450; (2) Authorize the City Manager to execute
an Instructor Agreement/Contract Amendment; (3) Alternatively, discuss and take other
action related to this item.
CALL ITEMS FROM CONSENT AGENDA
F. NEW BUSINESS
21. Consideration and possible action amending the El Segundo Municipal Code
(ESMC) regarding the elimination of the Community, Economic and Development
Services Department and Community, Economic and Development Services
Director position and the establishment of the Planning and Building Safety
Department, the Economic Development Department and the At -Will positions of
Director of Planning and Building Safety and the Director of Economic
Development.
Recommendation — (1) Discussion; (2) Introduction of Ordinance and waive first reading;
(3) Schedule second reading and adoption of Ordinance on October 5, 2004; (4)
Alternatively, discuss and take other action related to this item.
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G. REPORTS —CITY MANAGER— NONE
H. REPORTS — CITY ATTORNEY — NONE
REPORTS —CITY CLERK — NONE
REPORTS — CITY TREASURER — NONE
K. REPORTS — CITY COUNCIL MEMBERS
Council Member Boulgarides —
Council Member Busch —
Council Member Jacobson —
Mayor Pro Tern Gaines —
Mayor McDowell —
22. Consideration and possible action regarding adoption of a resolution expressing
the City of El Segundo's support of efforts by the California Air Resources Board
to implement measures aimed at reducing greenhouse gas emissions.
Recommendation: (1) Adopt resolution supporting California Air Resources Board efforts
to reduce greenhouse gas emissions; (2) Alternatively, discuss and take other action
related to this matter.
PUBLIC COMMUNICATIONS — (Related to City Business Only — 5 minute limit per person, 30
minute limit total) Individuals who have receive value of $50 or more to communicate to the City Council on
behalf of another, and employees speaking on behalf of their employer, must so identify themselves prior to
addressing the City Council. Failure to do so shall be a misdemeanor and punishable by a fine of $250. While all
comments are welcome, the Brown Act does not allow Council to take action on any item not on the agenda. The
Council will respond to comments after Public Communications is closed.
MEMORIALS —
CLOSED SESSION
The City Council may move into a closed session pursuant to applicable law, including the Brown Act (Government
Code Section §54960, at sue.) for the purposes of conferring with the City's Real Property Negotiator; and /or
conferring with the City Attorney on potential and /or existing litigation; and /or discussing matters covered under
Government Code Section §54957 (Personnel); and /or conferring with the City's Labor Negotiators.
11 G 11
REPORT OF ACTION TAKEN IN CLOSED SESSION (if required)
ADJOURNMENT
POSTED: 9115-1041
DATE:
TIME: O ; 0
NAME:
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EL SEGUNDO CITY COUNCIL MEETING DATE: September 21, 2004
AGENDA ITEM STATEMENT AGENDA HEADING: Special Orders of Business
AGENDA DESCRIPTION:
Consideration and possible action (Continued Public Hearing) regarding the Fiscal Year 2004-
2005 Budget and Five -Year Capital Improvements Plan and Adoption of Resolutions
approving Appropriation Limit, Preliminary Budget as amended, and Capital Improvement Plan
as amended. Copies of the 2004 -2005 Preliminary Budget can be found in the Library, City
Clerk's office, and the City's website.
RECOMMENDED COUNCIL ACTION:
1. Conduct Public Hearing.
- Continued on next page -
BACKGROUND & DISCUSSION:
On July 17, 2004, the City Council held a Strategic Development Session with the City
Manager and staff to review current and future departmental projects and provide direction for
- Continued on next page -
ATTACHED SUPPORTING DOCUMENTS:
➢ Exhibit A Fiscal Year 2004 -2005 Change List of Budget Revisions in all Funds
➢ Resolution approving and adopting the Operating and Five -Year Capital Improvement
Budget for Fiscal Year 2004 -2005
➢ Resolution approving and adopting the Appropriation Limit for Fiscal Year 2004 -2005
FISCAL IMPACT:
Operating And Capital Budget: $87,323,800 in total appropriations all funds
Amount Requested:
Account Number:
Project Phase: Adopt Fiscal Year 2004 -2005 Operating and Five -Year Capital Improvement
Budget
Appropriation Required: X Yes _ No
ORIGINATED BY: DATE:
A-Z 4 -- / -oX
Bret M. Plumlee, Director Administrative Services
REVIEWED BY: DATE:
%y/
Mary Strenn, City Manager y
1
eu
EL SEGUNDO CITY COUNCIL MEETING DATE: September 21, 2004
AGENDA ITEM STATEMENT AGENDA HEADING: Special Orders of Business
AGENDA DESCRIPTION:
Consideration and possible action (Continued Public Hearing) regarding the Fiscal Year 2004-
2005 Budget and Five -Year Capital Improvements Plan and Adoption of Resolutions
approving Appropriation Limit, Preliminary Budget as amended, and Capital Improvement Plan
as amended. Copies of the 2004 -2005 Preliminary Budget can be found in the Library, City
Clerk's office, and the City's website.
RECOMMENDED COUNCIL ACTION:
1. Conduct Public Hearing.
- Continued on next page -
BACKGROUND & DISCUSSION:
On July 17, 2004, the City Council held a Strategic Development Session with the City
Manager and staff to review current and future departmental projects and provide direction for
- Continued on next page -
ATTACHED SUPPORTING DOCUMENTS:
➢ Exhibit A Fiscal Year 2004 -2005 Change List of Budget Revisions in all Funds
➢ Resolution approving and adopting the Operating and Five -Year Capital Improvement
Budget for Fiscal Year 2004 -2005
➢ Resolution approving and adopting the Appropriation Limit for Fiscal Year 2004 -2005
FISCAL IMPACT:
Operating And Capital Budget: $87,323,800 in total appropriations all funds
Amount Requested:
Account Number:
Project Phase: Adopt Fiscal Year 2004 -2005 Operating and Five -Year Capital Improvement
Budget
Appropriation Required: X Yes _ No
ORIGINATED BY: DATE:
Bret M. Plumlee, Director Administrative Services
REVIEWED BY: DATE:
Mary Strenn, City Manager
(1113
1
RECOMMENDED COUNCIL ACTION (continued):
2. Adopt the Resolution approving and adopting the Fiscal Year 2004 -2005 Operating Budget
and the five -year Capital Improvement Budget.
a. Incorporate "Exhibit A Fiscal Year 2004 -2005 Change List of
Budget Revisions in all Funds" into the Adopted Budget and fund
any General Fund changes from the Economic Uncertainty Fund.
b. Reserve $1.0 million in the Economic Uncertainty Fund to address
any additional Fiscal Year 2004 -2005 reduction in gas Utility
User's Taxes (UUT) and make any necessary Fiscal Year 2004-
2005 budget adjustments during the Fiscal Year 2004 -2005
Midyear Review.
c. Fund any reduction in savings from the Fire Department's
alternative "run short" scenarios (to "run short" means that on a
given day and temporary basis, not filling a vacant position with
overtime personnel) from the Economic Uncertainty Fund.
d. Deposit any Fiscal Year 2003 -2004 General Fund savings into the
Economic Uncertainty Fund in Fiscal Year 2004 -2005 once the
Fiscal Year 2003 -2004 audit is complete.
e. Direct staff to make other revisions to the Fiscal Year 2004 -2005
preliminary budget and direct staff with respect to the funding of
such revisions.
3. Adopt the Resolution approving and adopting the Appropriations Limit for Fiscal Year 2004-
2005, as presented.
4. Alternatively discuss and take other action related to this item.
BACKGROUND & DISCUSSION (continued):
the next budget year. On August 3, 2004 the FY 2004 -2005 Preliminary Operating and Five -
Year Capital Improvement Budget was submitted to the City Council. On August 17, 2004 the
City Council conducted a Budget Workshop to review the FY 2004 -2005 Preliminary Operating
and Five -Year Capital Improvement Budget. At its meeting on September 7, 2004, the City
Council conducted a Public Hearing on the FY 2004 -2005 Operating Budget and the Five -Year
Capital Improvement Project Budget. Based on the Strategic Planning Session, the budget
workshop, and the Public Hearing, City Council directed staff to make revisions to the FY
2004 -2005 Preliminary Operating and Five -Year Capital Improvement Budget.
These revisions are attached to this report and have been included in the final budget to be
adopted.
Based on direction provided by the City Council throughout the budget process and at the
budget public hearing September 7, 2004, staff is providing several options and
recommendations. All options will continue to provide a balanced General Fund FY 2004-
2005 budget.
Reclassification of various positions is included in the preliminary budget and will require
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additional City Council action at a future Council meeting.
Personnel Reclassifications /Changes
Included in the preliminary budget are reclassifications for the Public Works Administrative
Analyst to Senior Administrative Analyst and the Civil Engineering Associate to Senior Civil
Engineering Associate. These adjustments are due to position eliminations in the department.
It should be noted that a total of 6.0 positions have been eliminated in the FY 2004 -2005
Preliminary Budget which include the following: elimination of one Economic Development
Manager and one .25 FTE Office Specialist in the Community Economic and Development
Services Department; elimination of one Utilities Manager in the Public Works Department;
elimination of one Crime Scene Investigator, two part-time cadets and one part-time
Rangemaster in the Police Department; elimination of one part-time Account Specialist and
one part-time License Permit Specialist in the Administrative Services Department; and the
elimination of .25 Full -time equivalent in the City Clerk's office. Additionally, 9.25 positions that
were frozen in FY 2003 -2004 continue to be frozen and not included in the FY 2004 -2005
budget.
STAFF RECOMMENDATIONS
2 a. Incorporate "Exhibit A — FY 2004 -2005 Change List of Budget Revisions in all
Funds" into the FY 2004 -2005 Adopted Budget and fund any General Fund changes
from the Economic Uncertainty Fund.
Budget Revenues revisions between Preliminary and Adopted
There are a number of other budget revisions within other funds that have been made
between the preliminary and final adopted budget. A change list of all budget revisions in all
funds is attached to this staff report. A total net decrease of $225,600 in estimated revenue
has been made since the workshop and public hearing. The summary of changes includes a
$20,100 decrease in property tax revenue based on revised County estimates for fiscal year
2004 -2005; a $171,500 reduction in General Fund subsidy to the Sewer Fund; a $39,700 net
decrease in the transfers from the Economic Uncertainty Fund to the General Fund; $12,300
decrease in General Fund Transfers from the Associated Recreation Fund; and an $18,000
increase in rental revenues related to a cell phone tower agreement.
Budget expenditure revisions
A total increase of $319,850 in appropriations has been made since the workshop and the
public hearing. This consists of $54,100 in General Fund revisions; $10,350 in Associated
Recreation fund revisions; $15,500 in CDBG fund revisions; $39,700 decrease in Economic
Uncertainty Fund transfers to the General Fund; $14,650 increase in standby pay in the Sewer
Fund; $186,150 decrease in Transfers from the General Fund to the Sewer Fund; and
$580,000 increase in Water Fund capital improvements.
Fund recommended changes to the FY 2004 -2005 General Fund Operating Budget
Improvement Budget from the Economic Uncertainty Fund.
There are a number of changes between the Preliminary and the Final Adopted budget, which
GIJ
are being recommended. These changes result from either corrections that need to be made
to the preliminary budget or direction provided through the budget process. The list below
represents highlighted General Fund projects, of which staff recommends funding the following
changes from the Economic Uncertainty Fund. These changes are included on the change list
attached to this staff report.
➢ Reinstate some funding for employee banquet of $6,000 (from $8,500)
➢ Reinstate funding for volunteer picnic of $2,500.
➢ Increase in funding for South Bay Youth project $5,000.
➢ Reinstate funding for slurry seal project east of Sepulveda $50,000.
➢ Correct Stand -by Pay Storm Drain Division - $10,000.
➢ Correction to overtime account in parks operations $2,500.
➢ Correction to overtime account in various recreation and parks divisions $1,600.
➢ Correction to Library Professional and Technical Services account ($10,000).
➢ Reclassification of Building Manager to Planning and Building Safety Director $10,500
Staff recommends funding these projects from the Economic Uncertainty Fund.
2.b. Reserve $1.0 million in the Economic Uncertainty Fund to address any additional
FY 2004 -2005 reduction in gas Utility User's Taxes (UUT) and make any necessary
budget adjustments during the FY 2004 -2005 Midyear Review.
Based on a recent report completed by Daniel Flannagan, the FY 2004 -2005 gas UUT
revenue forecast of $1.5 million may be optimistic. Staff will closely monitor all revenue
sources including gas UUT and recommend any changes during the FY 2004 -2005 Midyear
Review. Staff recommends reserving $1.0 million of the total $1.5 million gas UUT from the
Economic Uncertainty Fund. If this revenue source appears to be coming in below the $1.5
million target at midyear, staff will recommend funding any additional reduction in gas UUT
from the Economic Uncertainty Fund at that time.
CITY COUNCIL DIRECTION NEEDED
There are a number of other projects, which could be considered for discussion and possible
inclusion in the final, adopted budget. These items are not included on the attached change
list. The following is a list of additional possible General Fund changes between the
Preliminary and Adopted budget to be discussed by City Council:
➢ South Bay Youth Project $22,500 (Remaining amount reduced from FY 2003 -2004)
➢ Sunday hours at Joslyn Center $2,000
➢ Additional Tree trimming $13,000
➢ City Council legislative trip to Washington D.C. $11,000
➢ Reduction in revenues related to waiving fees for non city events $62,400
➢ GIS consulting services $10,000
➢ Electronic posting of agenda backup material on the website $12,800
➢ Establish residential email database $2,500
0 jG
➢ Reinstate funds for Downtown Directory $7,500
➢ Consideration for reinstating the Crime Scene Investigator position $92,000
If the City Council directs staff to add these items or other items that may be discussed at the
meeting to the final, adopted budget, staff recommends funding them from the Economic
Uncertainty Fund.
2.c. Fund any reduction in savings from the Fire Department's alternative "run short"
scenarios (to "run short" means that on a given day and temporary basis, not filling a
vacant position with overtime personnel) from the Economic Uncertainty Fund.
The FY 2004 -2005 Preliminary Budget includes $545,000 in savings related to the Fire
Department's recommended "run short" departmental budget reductions.
At the September 7, 2004 City Council meeting, there were two Fire Department "run short"
options which Council requested information on. Both options would take place over a full
year:
Option 1.a - Run short up to one suppression member only when a Firefighter or
Firefighter /Paramedic vacancy occurs. This will reduce staffing on Engine 33 by one;
however, all apparatus will still be able to respond independently with some loss of
effectiveness. Additional funding for this option would be $277,000 to $309,000.
Option 1.b — Run short up to one suppression member when a Firefighter,
Firefighter /Paramedic, Engineer, or Captain vacancy occurs. There would be a loss of
effectiveness if the vacancy occurred in the Engineer or Captain rank. The personnel filling
in temporarily would have their response duties significantly modified and the apparatus
will not be able to respond independently to many emergency calls. For these reasons, it is
recommended that the Fire Chief retain the flexibility to determine if and when staff should
be redistributed and the apparatus closed if there is a Fire Engineer or Captain vacancy.
For more detailed information please refer to the attachments on run short options, which
were provided at the September 7, 2004 City Council meeting. Additional funding
required for this option would be $220,000.
If the City Council provides direction to reduce any part of the $545,000 "run short" savings
included in the FY 2004 -2005 Preliminary budget, staff recommends funding any shortfall from
the Economic Uncertainty Fund.
2.d. Deposit any FY 2003 -2004 General Fund savings into the Economic Uncertainty
Fund in FY 2004 -2005 once the FY 2003 -2004 audit is complete.
At the Strategic Planning Session July 16, 2004, City Council directed staff to transfer any FY
2003 -2004 General Fund savings into FY 2004 -2005. Once the audit is complete and all
General Fund revenues and expenditures are accounted for, staff is recommending
transferring any savings that would normally go into the Infrastructure Replacement Fund into
ollI
the Economic Uncertainty Fund.
3. Gann limit
Article XIIIB of the California State Constitution, commonly referred to as the GANN
Appropriations Limit, was adopted by California voters in 1980 and placed limits on the amount
of proceeds of taxes that State and local agencies can appropriate and spend each year.
Based upon the California Constitution and applicable law, staff has presented the City
Council with an Appropriations Limit for fiscal year 2004 -2005 as adjusted by the factors
identified in the attached Resolution. The Appropriations Limit for fiscal year 2004 -2005 will be
$79,901,002.
Capital Improvement Projects
The FY 2004 -2005 Capital Improvement Projects total $17,503,050 consisting of $8,050,800
in General Fund capital improvement projects, $5,500,000 in Infrastructure Replacement fund
projects, and an additional $3,952,250 in projects paid for out of other funds such as the
Resident Sound Insulation Program and Water Fund.
General Fund
The General Fund, which accounts for the majority of the City's general operations (all
department expenditures), continues to remain at appropriate reserve levels. In July 2001 the
City Council approved a fund balance policy, and since that time the General Fund
unreserved, undesignated fund balance has grown from $11.5 million in FY 1999 -2000 to an
estimated $12.3 million at the end of FY 2003 -2004, which represents 28% of the total FY
2004 -2005 General Fund Budget.
The revised FY 2004 -2005 budget is balanced. Total appropriations for all funds are
$87,323,800, and this matches with estimated revenues of $67,989,200 and prior year
designated fund reserves of $19,334,600.
This budget as presented contains General Fund appropriations inclusive of transfers of
$43,366,800 and this matches with estimated revenues inclusive of transfers of $43,366,800.
018
CITY OF EL SEGUNDO
EXHIBIT A CHANGE LIST OF REVENUE BUDGET REVISIONS - ALL FUNDS
YEAR 2004/05 ADOPTED BUDGET
Preliminary Estimated Revenues inclusive of Transfers In
ADJUSTMENTS:
General Fund
Decrease in Property Taxes based on revised County estimates
Decrease in Sales Tax resulting from the State Budget impact
Decrease in Property Taxes resulting from State Budget impact
Transfer from Sales tax and Property taxes to VLF from State budget impact
Increase in Rental Revenues based on cell phone tower agreement
Transfer from Sales tax to Sales tax in Lieu to reflect impact of triple flip
Transfer from Sales tax in Lieu from Sales tax to reflect impact of triple flip
Transfers In
Reduction in the Transfer in from Associated Recreation Fund
Net Decrease in Transfer from the Economic Uncertainty Fund to General Fund
Total General Fund Revenue Estimate Adjustments
Sewer Fund
Increase revenue estimate to the Sewer Fund resulting from reduced subsidy
Reduce Sewer Fund Transfer from the Gen Fund resulting from reduced subsidy
Increase Transfer from the General Fund relating to Storm Drains standby pay
Reduce Sewer Fund Transfer from the General Fund relating to Storm Drains
Total Sewer Fund Revenue Estimate Adjustments
FISCAL YEAR 2003 -04 BUDGET
Account Inc (Dec) Balance
(20,100)
(193,500)
(210,300)
403,800
18,000
(2,102,350)
2,102,350
0000 -9108 (12,300)
0000 -9402 (39,700)
various
122,200
0000 -9001
(122,200)
0000 -9001
14,650
0000 -9001
(186,150)
68,214,800
(54,100)
(171,500)
Prior Year Designated Fund Reserves 19,334,600
Total Revised Estimated Revenues inclusive of Transfer In $ 87,323,800
9,15/04
a29 AM
l/
CITY OF EL SEGUNDO
EXHIBIT A CHANGE LIST OF BUDGET REVISIONS - APPROPRIATIONS ALL FUNDS
FISCAL YEAR 2004/05 ADOPTED BUDGET
FISCAL YEAR 2004-05 BUDGET
Account Inc(Dee) Balance
Preliminary Budget Appropriations inclusive of Transfers Out $87,003,950
ADJUSTMENTS:
General Fund:
Tran.Jecs Out
Reduction in General Fund Transfer to the Sewer Fund due to rate increases 0000 -9502 (122,200)
Reduction in General Fund Transfer to the Sewer Fund due to Sturm Drains in GF 0000 -9502 (196,150)
Nan Depurrment
Additional Funding for Employee Banquet 2901 -6245 6,000
Additional Funding for Volunteer Picnic 2901 -6245 2,500
Fire Department
Rundown
Planning and Building.f J ry Department
Reclassify Building Manager to Planning and Building Safety Director 10,500
Public Works
Reinstate funding for Slurry Seal Project east of$epulveda
4202 -6205
50,000
Move Soon Drains funding from Sewer Fund to General Fund
4302
186,150
Correct Storm Drains - Standby Pay inadvertently deleted from Preliminary Budget
4302 -4116
10,000
Recreation and Parks
2778 -5204
(100)
Additional Funding for City Tree Trimming Program
5102 -6206
-
Cmrection to overtime account in parks operation
5102 -4103
2,500
Correction to overtime account in various recreation operation divisions
0000 -4103
1,600
Increase in Funding to South Bay Youth Project
5205 -6206
5,000
Library
15,500
Correction to Professional Services account in Library should not have included
(10,000)
Total General Fund Adjustments
(54,100)
Asvaciated Rerreatlan
Nan- C'ontrac0pecial Events
Correction to Workers Compensation 5210 -4203 850
Reduction in Transfer to the General Fund 5210 -9001 (12,300)
Drama
Include part-time costs for Drama not included in preliminary in error 5211 -4102 1,000
Include workers compensation and fiea cost related to part-lime salaries 521/4203 100
Total Adjustments to Associated Recreation (10,350)
CDDG Fund
Senior In Home Care
Correction to Professional Services
2743 -6214
10,000
Delivered Meals
Correction to Operating Supplies
2778 -5204
(100)
Correction to Professional Services
2778 -6214
5,000
fenera/ Adramishation
Correction to contract services
2779 -6206
600
Total Adjustments to CDBG Fund
15,500
Economic Uncertain. Fund
TransJen Out
Net decrease in Transfer from the Economic Uncertainty Fund to General Fund (39,700)
Wnrer Fund (39,700)
Water Capital
Water Capital Improvement Related to Increased Rates 580,000 580,000
.5'ewer Fund
Wastewater
Correction to Standby Pay 4301 -4116 14,650 14,650
Move Storm Drains Division to General Fund 4302 (186,150) (186,150)
Total Adjustments Sewer Fund
Total Revised City Appropriations - All Funds inclusive of Transfers Out S 87,323,800
�' dM1
I t7 *111II11111110K Ia
A RESOLUTION ADOPTED BY THE EL SEGUNDO CITY
COUNCIL SETTING ITS APPROPRIATIONS LIMIT FOR
FISCAL YEAR 2004 -2005 IN ACCORDANCE WITH ARTICLE
XIIIB OF THE CALIFORNIA CONSTITUTION.
BE IT RESOLVED by the Council of the City of El Segundo as follows:
SECTION 1: The City Council finds as follows:
A. Article XIIIB of the California Constitution requires the City to set its
Appropriations Limit on an annual basis.
B. The City's Appropriations Limit may be adjusted annually based upon
inflation and population growth.
C. The City Council may choose the method of calculating adjustments to the
City's Appropriations Limit on an annual basis. For inflation, pursuant to
Article XIIIB, § 8(e)(2), adjustments to the Appropriations Limit may be
calculated using either the percentage change in per capita personal
income from the preceding year or the percentage change in the local
assessment roll from the preceding year because of local nonresidential
new construction. For population growth, pursuant to Government Code §
7901(b), the City may either use the percentage growth either in its
jurisdiction or from the surrounding county.
D. Based upon the California Constitution and applicable law, the City's
Administrative Services Department has presented the City Council with a
proposed Appropriations Limit as adjusted by the factors identified in this
Resolution.
SECTION 2: Pursuant to Article XIIIB of the California Constitution, and those
Government Code sections adopted pursuant to Article XII1B, § 8(f), the City Council
chooses to adjust the City's Appropriations Limit by calculating inflation using the
percentage change in the City's assessment roll from the preceding year because of local
nonresidential new construction and calculating population growth by using the
percentage change in population in Los Angeles County.
SECTION 3: As a result of the adjustments made to the City's Appropriations Limit, the
City Council sets the Appropriations Limit for fiscal year 2004 -2005 at $79,901,002.
SECTION 4: The City Clerk is directed to certify the passage and adoption of this
Resolution; enter same in the book of original Resolutions; and make a Minute of its
adoption in the City's records and in the Minutes of the meeting when it was adopted.
Page 1 of 2
SECTION 5: This Resolution will become effective immediately upon adoption and
will remain effective unless repealed or superseded.
PASSED AND ADOPTED this 2151 day of September 2004.
Kelly McDowell,
Mayor
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO 1
I, Cindy Mortesen, City Clerk of the City of El Segundo, California, hereby
certify that the whole number of members of the City Council of the City is five; that the
foregoing Resolution No. was duly passed and adopted by said City Council,
approved and signed by the Mayor of said City, and attested to by the City Clerk of said
City, all at a regular meeting of said Council held on the 2151 day of September 2004, and
the same was so passed and adopted by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Cindy Mortesen,
City Clerk
APPROVED
Mark D. Hen
0
Karl H. Berger
Assistant City A
Page 2 of 2
RESOLUTION NO.
A RESOLUTION ADOPTING AN OPERATING BUDGET AND
FIVE YEAR CAPITAL IMPROVEMENT PROGRAM FOR
FISCAL YEAR 2004/2005.
BE IT RESOLVED by the Council of the city of El Segundo as follows:
SECTION 1: The City Council finds as follows:
A. The Council received and considered the proposed City Budget for Fiscal
Year 2004 -2005 as presented by the City Manager pursuant to El Segundo
Municipal Code ( "ESMC ") § 1- 5A7(k);
B. The Council also received and considered the Preliminary Capital
Improvement Program ( "CIP ") for Fiscal Years 2004 -2009 presented by
the Capital Improvement Program Advisory Committee;
C. The Council also contemplated public testimony and other evidence
gathered from public hearings held on September 7 and September 21,
2004;
D. Based upon the record before it, the Council believes that it is in the public
interest for the proposed City Budget and CIP to be adopted as set forth
below.
SECTION 2: The City's Budget for Fiscal Years ( "FY ") 2004 -2005 and the CIP for FY
2004 -2009 are adopted by this Resolution as set forth in the attached Exhibits which are
incorporated by reference. True and correct copies of the Budget and CIP will be on file
with the City Clerk for public inspection,
SECTION 3: The City Manager, or designee, is authorized to approve budgetary
transfers of funds less than $10,000 within City Departments needed to provide service
levels consistent with the categories of expenditures listed in the Budget. Any such
transfers will be reported to the City Council. Budgetary transfers between categories,
departments, or funds that are $10,000 or more require City Council approval.
SECTION 4: The Budget is intended to provide a financial plan to implement City
projects and for routine operations. Nothing in the Budget, the CIP, or this Resolution
should be construed to give purchasing authority to the City Manager, or designee, that
exceeds that set forth in the ESMC or any other applicable law.
SECTION 5: At the end of the fiscal year, unexpended appropriations in the Budget will
be carried forward to the next fiscal year as needed to underwrite the expense of
outstanding purchase commitments and programs.
Page 1 of 2
SECTION 6: The City Clerk is directed to certify the adoption of this Resolution; record
this Resolution in the book of the City's original resolutions; and make a minute of the
adoption of the Resolution in the City Council's records and the minutes of this meeting.
SECTION 7: This Resolution will become effective immediately upon adoption and
will remain effective unless repealed or superseded.
PASSED AND ADOPTED this 21st day of September 2004.
Kelly McDowell,
Mayor
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO 1
I, Cindy Mortesen, City Clerk of the City of El Segundo, California, hereby certify that the
whole number of members of the City Council of the City is five; that the foregoing
Resolution No. was duly passed and adopted by said City Council, approved and
signed by the Mayor of said City, and attested to by the City Clerk of said City, all at a
regular meeting of said Council held on the 21" day of September 2004, and the same was so
passed and adopted by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Cindy Mortesen,
City Clerk
APPROVED
Mark D. Hen
By:
K 1 . Berger
Assistant City ors
Page 2 of 2
EL SEGUNDO CITY COUNCIL MEETING DATE: September 21, 2004
AGENDA ITEM STATEMENT AGENDA HEADING: Special Order of Business
AGENDA DESCRIPTION:
Consideration and possible action regarding approval of the proposed revisions made to the
Library and Cable Services Department schedule of fines and fees.
RECOMMENDED COUNCIL ACTION:
(1) Conduct a public hearing; (2) Adopt a resolution establishing a revised and restated fines
and fees schedule related to library services, (3) Alternately, discuss and take other action
related to this item.
BACKGROUND & DISCUSSION
The El Segundo Public Library charges fines and fees for certain services provided to the public.
After recent discussion and approval by the Library Board of Trustees, library staff is
recommending changes to the Library Fines and Fees schedule under Resolution #4200.
Pursuant to the City's cost recovery policy, this proposal is recommending an increase in
approximately a quarter of the existing library fines and fees, other fees will remain the same. If
adopted, it is estimated that the restated fines and fees schedule would generate an additional
$34,000 in cost recovery annually.
(Continued)
ATTACHED SUPPORTING DOCUMENTS:
Proposed "Exhibit A Fines and Fees" .
Resolution adopting new fee and fine schedule for the El Segundo Public Library.
FISCAL IMPACT: Neutral
Operating Budget:
Amount Requested:
Account Number:
Project Phase:
Appropriation Required: No
ORIGINATED BY: DATE: O u(oq
Debra�Brig TE ltd Library Director 1
REVIEWED DATE:
Mary nn, City Manager
2
021
Background & Discussion Continued:
These recommendations have been developed partly as a result of an exhaustive survey of
similar fines and fees collected from 30 member libraries of the Metropolitan Cooperative Library
System (MCLS) and 2 other local city libraries in. In several areas it was concluded that our
library was significantly below what other libraries charge for similar services. Also,
recommended increases are based on the cost recovery of labor and library supplies which
have both risen in cost since these charges were last revised over 10 years ago. Based on
these reasons, increases are recommended in the following areas. All others will remain the
same.
1) Lost or Duplicate Cards increase from $1.05 to $2.00 per card.
2) Overdue fines of books, periodicals, and audio /visual materials increase from .15 to
.20 cents /day.
3) Overdue reference books increase from $2.60 /day to $3.00 /day.
4) Overdue Video and DVD items increase from $2.05 /day to $2.50 /day.
5) Book bindery & repairs increase from up to $12.55 to $14.00 per item.
6) Reserve on books and materials increase from .55 to $1 /per item.
7) Interlibrary loan fees from other MCLS libraries increase from free to $1 /per item;
interlibrary loan fees from non -MCLS libraries from $1.05 +postage to an increase of $2
+postage.
8) Lost interlibrary loan materials increase from replacement cost +$6.15 processing fee
to replacement cost + $6.50 processing fee.
9) Video and DVD rental charges increase from $1 for 3 days to $1.50 for 3 days.
10) Meeting Room charges increase from non - profit organizations free to $10 flat fee;
for profit businesses increase from $20 /hr. to $30 /hr.; kitchen cleaning refundable deposit
increase from $25 to $30.
2 02
RESOLUTION NO.
A RESOLUTION ADOPTING NEW FEE AND FINE
SCHEDULES FOR THE EL SEGUNDO LIBRARY TO
RECOVER COSTS INCURRED FROM PROVIDING
VARIOUS PUBLIC SERVICES.
BE IT RESOLVED by the Council of the City of El Segundo as follows:
SECTION 1: The City Council finds as follows:
A. The City Council may establish fees for services under various provisions of
California law including, without limitation, Business & Professions Code §
16000; Education Code § 18926; Government Code §§ 36936.1, 43000,
54344, 65104, 65456, 65874, 65909.5, 65943, 66013, 66014, 66451.2; and
Health & Safety Code §§ 510, 17951, 17980.1, 19852.
B. Pursuant to Government Code § 66016, the City made data available
regarding the cost, or estimated cost, of providing services for various fees
ten (10) days before the public hearing held on September 21, 2004.
C. On September 21, 2004, the City Council heard public testimony and
considered evidence in a public hearing held and noticed in accordance
with Government Code § 66016.
D. At the recommendation of the City's Departments and the City Manager,
the City Council believes that it is in the public interest to establish the
recommended fees to recover the costs of public services.
E. Pursuant to Education Code § 18960, the City Council may also impose
fines for violations of rules and regulations at the El Segundo Library.
SECTION 2: The Fines and Fees attached as Exhibit "A" and incorporated into this
Resolution as if fully set forth, are approved and adopted.
SECTION 3: This Resolution is exempt from review under the California Environmental
Quality Act (Cal. Pub. Res. Code §§ 21000, et seq.; "CEQA ") and CEQA regulations
(Cal. Code Regs. tit. 14, §§ 15000, et seq.) because it establishes, modifies, structures,
restructures, and approves rates and charges for meeting operating expenses;
purchasing supplies, equipment, and materials; meeting financial requirements; and
obtaining funds for capital projects needed to maintain service within existing service
Page 1 of 3
023
areas. This Resolution, therefore, is categorically exempt from further CEQA review
under Cal. Code Regs. tit. 14, § 15273.
SECTION 4: This Resolution will become effective immediately upon adoption and will
remain effective unless repealed or superseded.
SECTION 5: The City Clerk will certify to the passage and adoption of this Resolution;
will enter the same in the book of original Resolutions of said City; and will make a minute
of the passage and adoption thereof in the record of proceedings of the City Council of
said City, in the minutes of the meeting at which the same is passed and adopted.
PASSED AND ADOPTED this _ day of 2004.
Kelly McDowell, Mayor
Page 2 of 3
024
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO 1
I, Cindy Mortesen, City Clerk of the City of El Segundo, California, hereby certify that the whole
number of members of the City Council of the City is five; that the foregoing Resolution No.
was duly passed and adopted by said City Council, approved and signed by the
Mayor of said City, and attested to by the City Clerk of said City, all at a regular meeting of said
Council held on the day of 2004, and the same was so passed and
adopted by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST
Cindy Mortesen,
City Clerk
APPROVEDWwdl
T
Mark D. By:
Ka rl H. Bergei
Assistant City
Page 3 of 3
f I _'
EXHIBIT A
FINES AND FEES
Public Library
Current
Proposed
Justification for
Fines and Fees Schedule
Fine or Fee
Fine or Fee
Increase
Library Card Fees:
Residents, Volunteers,
Free
same
MCLS Member Libraries
Non - Resident Fee Annual
$40.00
same
Business /Corporate
$103.00
same
Annual
Lost or Duplicate Cards
$1.05
$2.00
Workflow: staff time for updating patron's
online and print records. Cost recovery:
replacement of card and patron barcode.
Sixteen of the Metropolitan Cooperative
Library System(MCLS) libraries charge
$2 or more for replacement. Est. time:
10 min.
Overdue Fines:
Books, Periodicals,
$0.15 per day
$0.20 per day
Incentive for prompt return of materials;
Audio - Visual Materials
up to cost of
up to cost of
item
item
Workflow: staff time for processing
notices, and mailing supplies.
Est. time: up to 5 minutes for each
overdue notice. Fine has not increased in
over 20 yrs. Majority of survey libraries
charge .20 /day
Reference Materials
$2.60 per day
$3.00 per day
Incentive to return costly reference items
up to cost of
up to cost of
on time. Workflow: staff time for
item
item
processing notices up to 5 minutes,
mailing supplies.
Video Recordings, DVD's,
$2.05 per day
$2.50 per day
Incentive to return high circulating items.
Computer Software, etc.
up to cost of
up to cost of
Workflow: staff time for processing
item
item
overdue notices, use of mailing supplies
and cleaning tapes /DVD.
Est. time: up to 10 min per item.
Page 1 of 4
Col)
Damaged Materials Fees:
Book Bindery Repairs
$12.55
Up to $14.00
Workflow: staff time to mend & repair
items.
Est. time: 30 min. Also, some items sent
to outside vendors to repair or rebind
Periodicals
Cost +
same
$2.00
processing
Pamphlets
Cost +
same
$1.00
processing
Paperback Books
Cost +
same
$1.00
processing
Audiocassette Cases
$1.30
same
Videocassette Cases
$3.55
same
Book on Tape Cases
$3.55
same
DVD Cases
$3.55
same
Compact Disc Cases
$1.30
same
Lost/irreparable Materials:
Current Cost +
same
$5.15
rocessin
Reserves:
Workflow: staff time to search & retrieve
Books
$0.55
$1.00
items and notify patrons; Est. time: 15
min.
Inter -Libra Loan Fees:
MCLS Interlibrary Loan
Free
$1.00
Workflow: staff time to search & retrieve
Requests
requested items, create requests, and
process materials once they have been
received. Cost recovery: charges for
accessing the database, searching for
the correct materials, and creating a
request.
Estimated time: 20 minutes per
transaction.
Non -MCLS Interlibrary Loan
$1.05 +
$2-00+
Workflow: same as above except for
Requests
Return postage
Return postage
additional charges for postal processing
and delivery of non -MCLS items.
Estimated time: 20 minutes per
transaction.
Page 2 of 4 2 r+
Page 3 of 4 L � n
Lost Interlibrary Loan Materials
Replacement
Replacement
Workflow: staff time to invoice borrowing
Cost + $6.15
Cost + $6.50
library, order new material to replace
item, and process new item.
Est. time: 30 min.
Other Charges:
Photocopy (Vend -A -Card)
$0.15 Per
same
Copy
I
Microfilm /fiche Readers
$0.10 Per
same
Copy
Typewriters
$0.50/20 Min.
same
Video Rental
$1.00/3 Days
$1.50/3 Days
Of the libraries surveyed, 7 charge
$1.00 per 2 days, others charge up to
$1.50 per day. Increase in rental fee
will assist in cost recovery for
maintenance of video collection
DVD Rental
$1.00/3 Days
$1.50/3 Days
Of the libraries surveyed, 9 charge
$1.00 per 2 days, others charge up to
$1.50 per day. Increase in rental fee
will assist in cost recovery for mainten-
ance of DVD's.
Internet Stations
$1.00 /Hour
same
Computer Room:
Adult Residents
$10.00 /Quarter
same
or $1.00 /Da
Adult Non - Residents
$20.00 /Quarter
same
or $3.00 /Da
ESHS Students with ID
$1 /School Year
same
Children
Free
same
Meeting Room:
Non - Profit Organizations
Free
$10.00 Per
Cost recovery: staff time for scheduling
Use
the room, preparing the room for use,
and cleanup /rearrangement of the room
for following groups. Includes use of
equipment listed below. Charges are
below the majority of libraries surveyed.
For- Profit Organizations
$20.00 Per
$30.00 Per
Cost recovery: same as above, P lus
Hour
Hour
additional charges for business groups.
Page 3 of 4 L � n
Meeting After Hours $35.00 Per N/A Removed fee. No longer a provided
Hour I service.
Kitchen /Cleaning Deposit
$25
Refundable
$30
Refundable
Incentive to keep facility clean without
Incurrina additional custodial fees.
Podium
Included
same
Screen Portable
Included
same
*Equipment no longer requested.
CD /Cassette Player
Included
same
The new video projection system takes
care of most technology needs. Now
Overhead Projector
$5.00
Included*
these charges are all included in new
rental fees.
Television
Included
same
16 mm Sound /Film Projector
$5.00
Included*
Slide Projector
$5.00
Included*
Built -in Video Projection
System
$5.00
Included*
Page 4 of 4 O 2 i)
EL SEGUNDO CITY COUNCIL
AGENDA ITEM STATEMENT
DESCRIPTION:
MEETING DATE: September 21, 2004
AGENDA HEADING: Special Orders of Business
Consideration and possible action on a public hearing to modify Paramedic Transport Rates.
This increase would help recover increased operation costs. The proposed rates are
comparable with rates set by Los Angeles County Health Services. It is estimated the revised
fee schedule would generate an additional $25,500 in cost recovery annually.
RECOMMENDED COUNCIL ACTION:
1) Conduct public hearing; 2) Adopt Resolution for revised rate schedule;
3) Alternatively, discuss and take other action related to this item.
BACKGROUND & DISCUSSION:
The City currently bills non - residents for paramedic transport services, and bills residents only
through private insurance, Medicare, Medi -Cal, or Medicaid. The proposal is to adjust the
paramedic transport fee schedule to reflect increased costs of operation. These
recommendations have been developed pursuant to applicable Government Code Sections
66016- 66018.5, and the City's fee recovery policy.
Los Angeles County evaluates rates at least annually to reflect increased costs of operations.
In the past 12 months there have been three Los Angeles County general public ambulance
rate increases. The proposed El Segundo fee schedule recovers approximately 16% of the
increase in paramedic transport costs since the current rates were adopted in 2002. The
proposed rates are comparable with rates set by Los Angeles County Health Services.
ATTACHED SUPPORTING DOCUMENTS:
Draft Resolution, including proposed rate schedule as Exhibit "A ".
FISCAL IMPACT:
Operating Budget: $313,000 (Paramedic Transport Revenue Account)
Amount Requested: $25,500 (Additional Revenue Proposed)
Account Number: 001 - 300 - 0000 -3843
Project Phase: N/A
Appropriation Required: _Yes X No
ORIGINATED BY: DATE: 09/13/04
Norm Angelo, Fire Ithief
rct:vitwtASt U ar: DATE:
MaCity Manager
OJO 3
RESOLUTION NO.
A RESOLUTION ADOPTING NEW FEE SCHEDULES FOR
THE EL SEGUNDO FIRE DEPARTMENT TO RECOVER
COSTS INCURRED FROM PROVIDING PARAMEDIC
TRANSPORT SERVICES.
BE IT RESOLVED by the Council of the City of El Segundo as follows:
SECTION 1: The City Council finds as follows:
A. The City Council may establish fees for services under various provisions of
California law including, without limitation, Business & Professions Code §
16000; Government Code §§ 369361, 43000, 54344, 65104, 65456,
65874, 65909.5, 65943, 66013, 66014, 66451.2; and Health & Safety Code
§§ 510, 17951, 17980.1, 19852.
B. Pursuant to Government Code § 66016, the City made data available
regarding the cost, or estimated cost, of providing services for various fees
ten (10) days before the public hearing held on September 21, 2004.
C. On September 21, 2004, the City Council heard public testimony and
considered evidence in a public hearing held and noticed in accordance
with Government Code § 66016.
D. At the recommendation of the City's Departments and the City Manager,
the City Council believes that it is in the public interest to establish the
recommended fees to recover the costs of public services.
SECTION 2: The Fees attached as Exhibit "A" and incorporated into this Resolution as if
fully set forth, are approved and adopted.
SECTION 3: Unless otherwise revised, the fees established by this Resolution will be
automatically adjusted on an annual basis at the beginning of each fiscal year based on
the average percentage change over the previous calendar year to the City's costs for
administering the services set forth in Exhibit "A." The first fee adjustment cannot be
made before a minimum of ten (10) months after the effective date of this Resolution.
SECTION 4: This Resolution is exempt from review under the California Environmental
Quality Act (Cal. Pub. Res. Code §§ 21000, et seq.; "CEQA ") and CEQA regulations
(Cal. Code Regs. tit. 14, §§ 15000, et seq.) because it establishes, modifies, structures,
restructures, and approves rates and charges for meeting operating expenses;
Page 1 of 3
purchasing supplies, equipment, and materials; meeting financial requirements; and
obtaining funds for capital projects needed to maintain service within existing service
areas. This Resolution, therefore, is categorically exempt from further CEQA review
under Cal. Code Regs. tit. 14, § 15273.
SECTION 5: This Resolution will become effective immediately upon adoption and will
remain effective unless repealed or superseded.
SECTION 6: The City Clerk will certify to the passage and adoption of this Resolution;
will enter the same in the book of original Resolutions of said City; and will make a minute
of the passage and adoption thereof in the record of proceedings of the City Council of
said City, in the minutes of the meeting at which the same is passed and adopted.
PASSED AND ADOPTED this 21St day of September 2004.
Kelly McDowell, Mayor
Page 2 of 3
032
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO 1
I, Cindy Mortesen, City Clerk of the City of El Segundo, California, hereby certify that the whole
number of members of the City Council of the City is five; that the foregoing Resolution No.
was duly passed and adopted by said City Council, approved and signed by the
Mayor of said City, and attested to by the City Clerk of said City, all at a regular meeting of said
Council held on the 21st day of September, 2004, and the same was so passed and adopted by
the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Cindy Mortesen,
City Clerk
APPROVED AS TO FORM:
D. Hensley -C# Attorney
Karl H. Berger
Assistant City Attorney
Page 3 of 3
033
EXHIBIT "A"
FIRE DEPARTMENT
PARAMEDIC TRANSPORT FEES
th yl 9�rRh��r
:,t�
0-!UP, 'a
':
Ld aa aGf
�r4^'.i ,$ hT"`F,a;`'+k'ruf'�
�r�bs ply rwt'ffd^ f r7, Ci ayYp�
A ••
•
• O O
IO
° m �I • c� : a o
0 o
If
034
EL SEGUNDO CITY COUNCIL MEETING DATE: September 21, 2004
AGENDA ITEM STATEMENT AGENDA HEADING: Special Order of Business
AGENDA DESCRIPTION:
Consideration and possible action for a public hearing on the operating and capital outlay
requests up to $253,000 in the existing Citizens Option for Public Safety (COPS)
Supplemental Law Enforcement Services Fund (SLESF) account by the Chief of Police
uests will be utilized for "front line law enforcement ".
RECOMMENDED COUNCIL ACTION:
Recommendation — (1) Open Public Hearing to consider funding requests from the Chief of
Police. (2) Discussion (3) Alternatively, discuss and take other action related to this item.
BACKGROUND & DISCUSSION:
During the 1996 California legislative session the state government adopted legislation to
provide a block grant for law enforcement purposes, known as the Citizens' Option for Public
Safety (COPS), under Government Code Sections 30061 through 30064. These funds are part
of the property taxes collected in California. The account's current balance is $253,000 which
is the result of the up to date accumulation of un- encumbered grant funds.
All funds received under this grant must be utilized to supplement local law enforcement
activities and cannot be used to supplant existing funding. The process adopted by the
legislation requires a public hearing to consider the expenditure of funds and to ensure the
opportunity for public input.
Continued...
ATTACHED SUPPORTING DOCUMENTS:
Resolution
FISCAL IMPACT:
Operating Budget: $0
Amount Requested: $253,000.00
Account Number: 120 -400- 000 -8104
Project Phase: N/A
Appropriation Required: x Yes _ No
UM 1 C.
/
Mary Strenn, itv Manager %/ y
4�
a:3:,
BACKGROUND & DISCUSSION (continued):
The funds must be used for "front line law enforcement," including hiring officers, buying
equipment or computers, or paying for anti -crime programs. In the past, the funds have been
used to purchase numerous pieces of equipment that are directly used in "front line law
enforcement." This includes replacement Glock 21 handguns for all officers, less- than - lethal
shotguns, M26 Tasers, and Mobile Digital Computers.
The un- expended balance of the COPS grant funds received to date ($253,000 total) have not
been encumbered at this time. It is anticipated that these funds will be utilized during the fiscal
year to purchase supplemental material and equipment as determined by staff. The Chief of
Police has created the following list of some possible equipment purchases, personnel
allocations, or approved utilizations to be made with the COPS grant funds. They will be
prioritized when more information is available.
1. Overtime funding for special enforcement details.
2. Two "Cushman- type" vehicles for parking enforcement.
3. Night Vision Goggles.
4. Upgrade jail cell video capability and install computerized monitoring system.
5. Radar "speed" and "message" trailer.
6. "RedMan" self- defense training suits.
7. Digital In -Car video /audio system for patrol units and associated hardware /software.
8. Digital mobile and portable radios with "inter- operability" capability.
9. Digital Cameras for patrol units.
10. Support staff and /or non -sworn investigator.
11. Patrol Bicycles.
12. Hand -held LASER speed devices.
13. Supplement grant- funded equipment for Incident Response Vehicle.
14. Staff Marine Patrol vessel.
Items on the priority list all meet grant guidelines of "front line law enforcement."
036
RESOLUTION NO.
A RESOLUTION PROVIDING FOR THE IMPLEMENTATION OF THE
CITIZENS OPTION FOR PUBLIC SAFETY (COPS) PROGRAM.
BE IT RESOLVED by the Council of the city of El Segundo as follows:
SECTION 1: The City Council finds as follows:
A. Senate Bill 823 (SB 823) (Poochigian —Local law enforcement funding) was chaptered
into law on April 6, 2002 for supplemental local law enforcement funding pursuant to the
bill;
B. SB 823 provides $100,000,000 statewide for the Citizens for Public Safety (COPS)
Program;
C. The County of Los Angeles has established a Supplemental Law Enforcement Service
Fund (SLESF) in accordance with Section 30061 of the Government Code to receive SB
823 funds which have been allocated for use in Los Angeles County;
D. The City of El Segundo participates in the COPS Program and receives its share of any
funds available for the purpose of ensuring public safety; and
E. The City has established its own Supplemental Law Enforcement Service Fund (SLESF)
in accordance with Section 30061 of the Government Code;
F. The City Council has conducted a public hearing to consider funding requests from the
Chief of Police and shall determine the submitted requests as required by SB 823.
SECTION 2: The City Council directs that the City maintain its own Supplemental Law Enforcement
Service Fund (SLESF) as required by SB 823 and State law pursuant to Government Code Sections
30061 and 30063.
SECTION 3: The City Council requests that the City's share of the funding be allocated to SLESF for
purposes of front -line law enforcement.
SECTION 4. The City Clerk is directed to certify the adoption of this Resolution; record this Resolution
in the book of the City's original resolutions; and make a minute of the adoption of the Resolution in the
City Council's records and the minutes of this meeting.
SECTION 5. This Resolution will become effective immediately upon adoption and will remain
effective unless repealed or superseded.
PASSED AND ADOPTED this _ day of 2004
Kelly McDowell, Mayor
APPROVED
Mark D. He9
Assistant
ATTEST:
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO )
I, Cindy Mortesen, City Clerk of the City of El Segundo, California, do hereby certify that the whole
number of members of the City Council of said City is five; that the foregoing Resolution No. was
duly passed and adopted by said City Council, approved and signed by the Mayor of said City, and
attested to by the City Clerk of said City, all at a regular meeting of said Council held on the 21 st day of
September 2004, and the same was so passed and adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Cindy Mortesen, City Clerk
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5
CITY OF EL SEGUNDO
PAYMENTS BY WIRE TRANSFER
8/27/2004 THROUGH 9/9/2004
Date
Payee
Amount
Description
8/27/04
US bank
43,725.00
ABAG payment
8/27/04
Employment Development
36,573.98
State Taxes
8/27/04
IRS
176,828.26
Federal Taxes
8/31/04
Federal Reserve Bank
250.00
Savings Bond EE Series
8/31/04
Federal Reserve Bank
250.00
Savings Bond I Series
9/9/04
Health Comp
555.60
Weekly claims 9/7
9/10/04
US bank
99,675.00
District 73 assessment payment
8/27- 9/9/04
Workers Comp Activity
53,549.44
SCRMA checks issued
DATE OF RATIFICATION: 9/21/04
TOTAL PAYMENTS BY WIRE:
Certified as to the accuracy of the wire transfers by:
Depufy Trea urer
A 111V
Di cto (of Administrative Service
A-
Citf Managed
411,607.28
g) �a�o`F
Date
Gi -/ %-fI7
Date
in 11 1
Dates
Information on actual expenditures is available in the City Treasurer's Office of the City of El Segundo.
411,607.28
C li ()
REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, SEPTEMBER 7, 2004 — 5:00 P.M.
5:00 P.M. SESSION
CALL TO ORDER — Mayor McDowell at 5:00 p.m.
ROLL CALL
Mayor McDowell -
Mayor Pro Tern Gaines -
Present
Present - arrived at 5:05 p.m.
Council Member Boulgarides -
Present
Council Member Busch -
Present
Council Member Jacobson -
Present — arrived at 5:05 p.m.
City Attorney Mark Hensley announced he would not be participating in portions of the closed
session discussions relating to the Flynn, Hafley, Pulido, Stardust and Douglas Street Land
Condemnation cases due to a potential conflict of interest due to his prior affiliation with Burke,
Williams and Sorensen.
PUBLIC COMMUNICATION — (Related to City Business Onlv — 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.
CLOSED SESSION:
The City Council moved into a closed session pursuant to applicable law, including the Brown Act
(Government Code Section §54960, et seq.) 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)) — 8
matters
Flynn v. City of El Segundo, LASC No. YC046253
Bressi v. City of El Segundo, LASC Nos. BC288292 and 288293
Emazeki v. City of El Segundo, LASC No. YC047980
Hafley v. City of El Segundo, LASC No. YC045092
Chen v. City of El Segundo, LASC No. YC049424
Pulido v. City of El Segundo, USDC No. USDC No. 03CV9563
In the Matter of the Noise Varian Proceeding for Los Angeles International Airport — California
Department of Transportation Case No. L2004060244
City of El Segundo v. Stardust West Apartments, LASC No. YC031364
MINUTES OF THE REGULAR CITY COUNCIL MEETING
SEPTEMBER 7, 2004
PAGE NO. 1
041
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) — 2 matters
Represented Group: City Employees Association
Labor Negotiators: Mary Strenn & Bruce Barsook
Represented Group: Police Support Services
Labor Negotiators: Mary Strenn & Bruce Barsook
CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8) — 0 matter
SPECIAL MATTERS — 0 matter
Council moved to open session at 6:59 P.M.
MINUTES OF THE REGULAR CITY COUNCIL MEETING
SEPTEMBER 7, 2004
PAGE NO. 2
a14
REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, SEPTEMBER 7, 2004 — 7:00 P.M.
7:00 P.M. SESSION
CALL TO ORDER — Mayor McDowell at 7:00 p.m.
INVOCATION — Reverend SeHee Han of United Methodist Church of El Segundo
PLEDGE OF ALLEGIANCE — Council Member Carl Jacobson
PRESENTATIONS —
(a) Mayor Pro Tern Gaines presented a Proclamation to Dave Ryan, Vice President and
General Manager, Boeing Satellite Systems and Kimberly Krantz, Senior Site Leader for
Communications, Boeing Satellite Systems, in commemoration of the events of September
11,2001.
(b) Council Member Busch presented a proclamation to Janet Miller Sheehan, Planning
Commissioner, for her valued services rendered in the public interest as a Member of the
Planning Commission.
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.
Peggy Tyrell, El Segundo resident and in Del Aire home owner, spoke against item 11, the
proposed Pacific Concourse Project.
Arnica Stol, Del Aire resident, spoke against item 11, the proposed Pacific Concourse Project.
Anna Solice, Del Aire resident, spoke against item 11, the proposed Pacific Concourse Project
MINUTES OF THE REGULAR CITY COUNCIL MEETING
SEPTEMBER 7, 2004
PAGE NO. 3
04
Barbara Banister, Board Member Tree Musketeers, spoke regarding upcoming "Rock the Earth"
event.
Denise Solice, resident and former Del Aire resident, spoke against item 11, the proposed Pacific
Concourse Project.
Dan Erhler, Executive Director, El Segundo Chamber of Commerce, spoke in support of item 11,
the proposed Pacific Concourse Project.
Lilly Craig of Chevron and El Segundo resident and Friend of South Bay Youth Project, spoke in
support of continued funding for the school counselor position.
Lauren Peters, resident, spoke in support of the El Segundo Recreation and Parks Drama
Program.
Jody Martini, El Segundo Senior Club, spoke against the proposed Sunday closing of the Joslyn
Center.
Diane Dominic, El Segundo resident and former Del Aire resident, spoke against item 11, the
proposed Pacific Concourse Project.
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. 5/0
B. SPECIAL ORDERS OF BUSINESS
Consideration and possible action to open a public hearing and receive testimony regarding
a certification of a Final Environmental Impact Report (including adoption of a Statement of
Overriding Considerations) and adoption of an update to the Circulation Element of the El
Segundo General Plan.
Mayor McDowell stated this is the time and place hereto fixed for a public hearing for the
purpose of receiving testimony regarding a certification of a Final Environmental Impact
Report (including adoption of a Statement of Overriding Considerations) and adoption of an
update to the Circulation Element of the El Segundo General Plan.
Deputy Clerk Domann stated that proper notice was completed and no written
communications had been received in the City Clerk's Office.
Mark Hensley, City Attorney, noted that written correspondence had been received and was
incorporated into the final EIR document.
MINUTES OF THE REGULAR CITY COUNCIL MEETING
SEPTEMBER 7, 2004
PAGE NO. 4
04%
Herman Bacmaciyan, Kimley -Horn and Associates, gave a presentation.
Brian Crowley, resident, spoke regarding validity of some of the data in the Circulation
Element.
Sally Hawthorne, Del Aire resident, spoke regarding existing traffic problem in the Del Aire
area.
MOVED by Mayor Pro Tern Gaines, SECONDED by Council Member Boulgarides to close
the pubic hearing. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0
Herman Bacmaciyan, Kimley -Horn and Associates, responded to Council questions.
Mark Hensley, City Attorney, read the following:
RESOLUTION NO. 4386
A RESOLUTION CERTIFYING A PROGRAM ENVIRONMENTAL IMPACT REPORT
FOR ENVIRONMENTAL ASSESSMENT NO. 579 AND GENERAL PLAN
AMENDMENT NO. 02 -1, ADOPTING A STATEMENT OF OVERRIDING
CONSIDERATIONS, AND AMENDING THE CIRCULATION ELEMENT OF THE EL
SEGUNDO GENERAL PLAN.
MOVED by Mayor Pro Tern Gaines, SECONDED by Council Member Busch to adopt
Resolution No. 4386 certifying a program environmental impact report for Environmental
Assessment No. 579 and General Plan Amendment No. 02 -1, adopting a Statement of
Overriding considerations and amending the Circulation Element of the El Segundo General
Plan. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0
2. Consideration and possible action (Public Hearing) regarding the FY 2004 -2005 Preliminary
Budget and Five -Year Capital Improvements Plan including discussion and possible
direction regarding all City revenues and expenditures.
Mayor McDowell stated this is the time and place hereto fixed for a public hearing regarding
the FY 2004 -2005 Preliminary Budget and Five -Year Capital Improvements Plan including
discussion and possible direction regarding all City revenues and expenditures.
Deputy Clerk Domann stated that proper notice was completed and no written
communications had been received in the City Clerk's Office.
Mary Strenn, City Manager, gave a brief overview.
Francis Sticlich, resident, requested Joslyn Center services not be cut next Fiscal Year.
Gail Church, Tree Musketeers, spoke regarding proposed reduction in the tree care budget.
MINUTES OF THE REGULAR CITY COUNCIL MEETING
SEPTEMBER 7, 2004
PAGE NO.5
045
MOVED by Council Member Jacobson, SECONDED by Council Member Busch to continue
the Pubic Hearing to September 21, 2004. MOTION PASSED BY UNANIMOUS VOICE
VOTE. 5/0
Mayor Pro Tern Gaines requested alternatives be brought back to the continued public
hearing on September 21, 2004 regarding alternatives to the proposed layoffs to meet
required reductions. Spoke regarding golf course management problems and suggested
reopening the process to select a new management company. Also spoke regarding
potential trip to Washington D.C. to lobby for Federal funding. Requested report back on
September 21, 2004 regarding use of in -house staff to meeting tree trimming requirements
as set forth in the Master Tree Plan and how proposed tree trimming budget would impact
tree maintenance.
Council Member Jacobson, requested staff investigate alternate funding and /or location for
continuation of the Seniors' Sunday Card Club, possibly a reduction in July 4th celebration
funding. Also requested staff investigate the possibility of continuing funding for the youth
counselor budget.
C. UNFINISHED BUSINESS
3. Consideration and possible action regarding a report to Council on requested additional
information: costs, impacts, and workload for alternative "run short" scenarios (to "run short"
means that on a given day and temporary basis, not filling a vacant position with overtime
personnel). These scenarios were developed as a result of the Fire Department's budget
reduction proposal (running short in fire suppression staffing up to one person per
rank/assignment as vacancies occur).
Norm Angelo, Fire Chief, responded to Council questions.
Council Member Busch requested a more detailed report at the September 21, 2004
Council meeting, on the "Run Short One" option and "Full Staffing" option.
Mayor McDowell requested a detailed report on Reserve Fund sources at next Council
meeting.
Council consensus to postpone a decision on Fire Suppression staffing until the September
21, 2004 meeting.
4. Consideration and possible action regarding remodeling the existing clubhouse, located at
300 E. Pine Avenue and authorize an increase in amount paid to the architect for services
relating to the preparation of the remodeling assessment report. Fiscal Impact $45,000.
Council Member Busch left the dais due to a potential conflict regarding his residence
location.
Seimone Jurjis, Acting City Engineer, gave a report.
MINUTES OF THE REGULAR CITY COUNCIL MEETING
SEPTEMBER 7, 2004
PAGE NO. 6
0 4 G
Denise Mendleshn and Keith Hemple of LPA, gave a presentation.
Council consensus to receive and file report regarding remodeling the clubhouse.
MOVED by Council Member Jacobson, SECONDED by Mayor Pro Tern Gaines to defer the
Community Center project; authorize expenditures of approximately $275,000 for
maintenance work at the clubhouse and city hall and preserve the balance ($5,772,000) for
now; authorize staff to develop specifications to abate any hazardous materials and paint
the interior and exterior of the clubhouse; and approve change order no. 5 of $45,000 to the
original purchase order for architect LPA Inc. MOTION PASSED BY UNANIMOUS VOICE
VOTE. 410. COUNCIL MEMBER BUSCH NOT PARTICIPATING DUE TO A POTENTIAL
CONFLICT REGARDING THE LOCATION OF HIS RESIDENCE.
Council Member Busch returned to the dais.
D. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS
Consideration and possible action regarding setting a date for interviewing candidates for
one position each on the Planning Commission, Community Cable Advisory Committee and
Economic Development Advisory Council.
Staff to contact recently interviewed candidates to ascertain continued interest in vacant
positions.
Council consensus to set date for interviews of new candidates for Tuesday, October 5,
2004.
E. CONSENT AGENDA
All items listed are to be adopted by one motion without discussion and passed unanimously. if a
call for discussion of an item is made, the item(s) will be considered individually under the next
heading of business.
6. Approved Warrant Numbers 2542521 to 254914 on Register No. 22 in the total amount of
$2,193,625.29 and Wire Transfers from 8/6/2004 through 8/26/2004 in the total amount of
$1,182,855.71. 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. Approved City Council Special and Regular Meeting Minutes of August 17, 2004.
8. Received and filed a status report on legislative bill number AB2702 seeking to amend state
law to allow the development of second dwelling units in residential neighborhoods.
9. PULLED FOR DISCUSSION BY COUNCIL MEMBER BUSCH
10. Adopted Resolution No. 4387 establishing City policy regarding the display of the United
States flag at City facilities and public rights of way.
MINUTES OF THE REGULAR CITY COUNCIL MEETING
SEPTEMBER 7, 2004
PAGE NO.7
041
11. PULLED FOR DISCUSSION BY COUNCIL MEMBER JACOBSON
12. Approved proposal by the Community, Economic and Development Services Department
(CEDS) to establish a new job classification of Plans Examiner. Fiscal Impact: $38,000
savings. Adopted Resolution No. 4388 establishing the monthly salary range for Plans
Examiner.
13. Waived the formal bidding process per the Municipal Code and approved the City's use of
competitively solicited federal General Services Agreement (GSA) Contract #GS -28F-
8029H; authorized the issuance of a purchase order for meeting rooms and office furniture
with Knoll (manufacturer), in the amount of $39,150; awarded contract to the authorized
distributor and installers, Associates Purchasing, in the amount of $16,850; authorized the
City Manager to execute a standard City Professional Services Agreement No. 3373, as
approved to form by the City Attorney on behalf of the City. Fiscal Impact: $56,000.
14. PULLED FOR DISCUSSION BY COUNCIL MEMBER JACOBSON
15. PULLED FOR DISCUSSION BY COUNCIL MEMBER JACOBSON
16. Waived fees for City services associated with the Fire and Police Associations' 4t' Annual
Pancake Breakfast. Fiscal Impact: $760.
17. PULLED FOR DISCUSSION BY COUNCIL MEMBER JACOBSON
18. Authorized the City Manager to execute a Memorandum of Agreement No. 3374 with the
City of Redondo Beach for retention of a consultant to perform a bacteria Total Maximum
Daily Load (TMDL) implementation plan study. Fiscal Impact: $502.
19. Approved a three -month Contract No. 2763H extension, in a form approved by the City
Attorney, for the City's custodial contract with K & P Janitorial and Maintenance through
December 31, 2004. No Fiscal Impact.
20. Approved purchase of a replacement unit for a marked police vehicle that was totaled when
struck by a negligent driver. Fiscal Impact $33,200 — City seeking recovery from second
party insurance.
21. PULLED FOR DISCUSSION BY COUNCIL MEMBER BOULGARIDES
MOVED by Council Member Jacobson, SECONDED by Mayor Pro Tern Gaines to approve
Consent Agenda Numbers 6, 7, 8, 10, 12, 13, 16, 18, 19 and 20. MOTION PASSED BY
UNANIMOUS VOICE VOTE. 5/0
CALL ITEMS FROM CONSENT AGENDA
MINUTES OF THE REGULAR CITY COUNCIL MEETING
SEPTEMBER 7, 2004
PAGE NO. 8
048
9. Consideration and possible action to adopt a Resolution in support of statewide ballot
measure, Proposition 1 A, which would restrict the ability of the Legislature to utilize funds
allocated to local governments.
MOVED by Council Member Busch, SECONDED by Council Member Jacobson to adopt
Resolution No. 4389 in support of statewide ballot measure, Proposition 1A, which would
restrict the ability of the Legislature to utilize funds allocated to local governments. MOTION
PASSED BY UNANIMOUS VOICE VOTE. 5/0
11. Consideration and possible action regarding a letter to the Los Angeles County Board of
Supervisors and Planning Commission supporting the proposed Pacific Concourse Project
that includes 450 residential units in two buildings in the Del Aire Business Park along La
Cienega Blvd.
Mayor McDowell, left the dais due to a potential conflict arising from a client relationship with
interested parties.
Item tabled due to a lack of a Motion.
Mayor McDowell returned to the dais.
14. Consideration and possible action regarding Recreation and Parks Drama Program for
Fiscal Year 2004 -2005.
Stacia Mancini, Recreation and Parks Director, reported on community notification of
Program schedule.
MOVED by Council Member Jacobson, SECONDED by Council Member Boulgarides to
receive and file information regarding Recreation and Parks Drama Program for Fiscal Year
2004 -2005.
15. Consideration and possible action regarding the waiver of fees for City services associated
with the Tree Musketeers' first annual "Rock the Earth" event at Chevron Park located at El
Segundo Blvd and Illinois Street. Fiscal Impact: $1,355.
MOVED by Council Member Boulgarides, SECONDED by Mayor Pro Tem Gaines to waive
fees for City services associated with the Tree Musketeers' first annual "Rock the Earth"
event at Chevron Park located at El Segundo Blvd and Illinois Street. MOTION PASSED
BY UNANIMOUS VOICE VOTE. 5/0
17. Consideration and possible action to waive second reading and adopt the Ordinances
increasing the water and wastewater rates on a city -wide basis.
Mark Hensley, City Attorney, gave a brief report regarding Proposition 218 as related to fee
increases and noted that the proposed water and wastewater rate increases did not fall
under Proposition 218 requirements.
MINUTES OF THE REGULAR CITY COUNCIL MEETING
SEPTEMBER 7, 2004
PAGE NO. 9
0 4 i7
Mark Hensley, City Attorney, read the following:
ORDINANCE NO. 1376
AN ORDINANCE SETTING THE AMOUNT OF WATER RATES AND CHARGES
PURSUANT TO HEALTH AND SAFETY CODE SECTION 5471 AND EL SEGUNDO
MUNICIPAL CODE SECTION 11 -1 -5.
MOVED by Council Member Boulgarides, SECONDED by Mayor Pro Tern Gaines to adopt
Ordinance No. 1376, setting the amount of water rates and charges pursuant to Health and
Safety Code Section 5471 and El Segundo Municipal Code Section 11 -1 -5. MOTION
PASSED BY UNANIMOUS VOICE VOTE. 5/0
Mark Hensley, City Attorney, read the following:
ORDINANCE NO. 1377
AN ORDINANCE SETTING THE AMOUNT OF WASTEWATER RATES AND CHARGES
PURSUANT TO HEALTH AND SAFETY CODE SECTION 5471 AND EL SEGUNDO
MUNICIPAL CODE SECTION 12 -7 -3
MOVED by Mayor Pro Tern Gaines, SECONDED by Council Member Busch to adopt
Ordinance No. 1377 setting the amount of wastewater rates and charges pursuant to Health
and Safety Code Section 5471 and El Segundo Municipal Code Section 12 -7 -3. MOTION
PASSED BY THE FOLLOWING VOICE VOTE: AYES: MAYOR MCDOWELL, MAYOR
PRO TEM GAINES, COUNCIL MEMBERS BOULGARIDES AND BUSCH; NOES:
COUNCIL MEMBER JACOBSON. 4/1
21. Consideration and possible action to approve Contract No. 3375 with UCLA Center for Pre -
Hospital Care, for continuing education, as well as program oversight of the Citywide AED
(Automatic External Defibrillator) Program. Fiscal Impact: there is no change in cost for
current services being provided ($24,200 for Fire and $4,400 for Police).
MOVED by Council Member Boulgarides, SECONDED by Council Member Jacobson to
approve Contract No. 3375 with UCLA Center for Pre - Hospital Care, for continuing
education, as well as program oversight of the Citywide AED (Automatic External
Defibrillator) Program. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0
F. NEW BUSINESS
22. Consideration and possible action regarding the Annual Halloween Frolic event location
moving from Recreation Park to Main Street and request for increased funding for the event.
Fiscal Impact: $9,210.
Mary Strenn, City Manager, gave a report.
MINUTES OF THE REGULAR CITY COUNCIL MEETING
SEPTEMBER 7, 2004
PAGE NO. 10
050
MOVED by Mayor Pro Tern Gaines, SECONDED by Council Member Busch to approve
Main Street as the location for this year's Annual Halloween Frolic event, approve increased
funding request for Main Street location, and reassess location for future event. MOTION
PASSED BY THE FOLLOWING VOICE VOTE: AYES: MAYOR MCDOWELL, MAYOR
PRO TEM GAINES, COUNCIL MEMBER BUSCH; NOES: COUNCIL MEMBERS
BOULGARIDES AND JACOBSON. 3/2
G. REPORTS — CITY MANAGER — NONE
H. REPORTS — CITY ATTORNEY — NONE
I. REPORTS — CITY CLERK — NONE
J. REPORTS — CITY TREASURER — NONE
K. REPORTS — CITY COUNCIL MEMBERS
Council Member Boulgarides — Reported on Campaign Finance Sub - Committee meeting last
week. Spoke regarding the Continued Public Hearing on the Budget on September 21, 2004 and
on the September 11th Memorial at Freedom Park.
Council Member Busch — Spoke on the great success of the "Popeye" Drama Production and
thanked Stacia Mancini for her efforts regarding the Drama program. Also spoke regarding El
Segundo's recycling efforts. Commended Kristi von der Linden and staff for their outstanding
efforts in recycling.
Council Member Jacobson — Spoke regarding the Drama program.
Mayor Pro Tern Gaines — Spoke on the 911 Memorial Service scheduled for Freedom Park.
Mayor McDowell —
23. Consideration and possible action regarding adoption of a resolution expressing the City of
El Segundo's support of efforts by the California Air Resources Board to implement
measures aimed at reducing greenhouse gas emissions.
Council consensus to defer this item until the September 21, 2004 meeting.
PUBLIC COMMUNICATIONS — NONE
MEMORIALS — Milford A. Traber and Ivalee Webster Douglass, long time residents.
CELEBRATION — Lucy Rebecca Adlen, to proud parents, Elyse and Nathan Adlen, and
Grandparents Patti (City Clerk's Office) and Roy Kight.
CLOSED SESSION - NONE
MINUTES OF THE REGULAR CITY COUNCIL MEETING
SEPTEMBER 7, 2004
PAGE NO. 11
051
ADJOURNMENT at 9:40 p.m.
Cathy Domann, Deputy City Clerk
MINUTES OF THE REGULAR CITY COUNCIL MEETING
SEPTEMBER 7, 2004
PAGE NO. 12
052
EL SEGUNDO CITY COUNCIL MEETING DATE: September 21, 2004
AGENDA ITEM STATEMENT AGENDA HEADING: Consent
AGENDA DESCRIPTION:
Consideration and possible action regarding approval of annual professional services
agreements and issuance of blanket purchase orders for FY04 -05 in excess of $10,000 for
the Administrative Services Department (Fiscal Impact $179,500).
RECOMMENDED COUNCIL ACTION:
1. Authorize the City Manager to execute a one -year contract for professional services, as
approved to form by the City Attorney for Geographic Information System /Global
Positioning System (GIS /GPS) consulting with Michael McDaniel (sole proprietor) and
issuance of blanket purchase order, not to exceed $15,000.
2. Authorize the City Manager to amend /extend Contract #3105, as approved to form by
the City Attorney with NOROC (actual company name) for Information Systems network
consulting services and issuance of blanket purchase order, not to exceed $60,000.
3. Authorize the City Manager to amend the existing standard Professional Services
Agreement, as approved to form by the City Attorney with Vertex Communications, Inc.
for telephone system services and issuance of blanket purchase order, not to exceed
$11,000.
4. Authorize the City Manager to execute a standard Professional Services Agreement, as
approved to form by the City Attorney with Westchester Medical Group for FY 2004/05
for annual employee fitness - for -duty (not to exceed $60,000) and executive physical
examinations (not to exceed $10,000) and issuance of blanket purchase order, not to
exceed $70,000.
5. Authorize the issuance of a Change Order to P.O. 60 -00622 with Class Software
Solutions, LTD. for additional licensing and training to complete cashiering
decentralization program, not to exceed $23,500.
6. Authorize the City Managerto execute a standard Professional Services Agreement, as
approved to form by the City Attorney with Municipal Revenue Advisors for business,
sales and use taxes revenue enhancement program.
7. Alternatively discuss and take other action related to these items.
BACKGROUND & DISCUSSION:
See next pages.
ATTACHED SUPPORTING DOCUMENTS:
None
FISCAL IMPACT:
Operating Budget:
Amount Requested:
Account Number:
Project Phase:
Appropriation Required:
$179,500
$179,500
001 -400- 2505 - 6254- $26,000
001 - 400 - 2506 - 6214 - $70,000
NA
_Yes X No
ORI _ ,E X4�
7 et M. Plumlee, Director of
001 -400 -2505- 6214 - $60,000
001 -400- 2502 -6214- $23,500
DATE:
DATE:
7
U53
BACKGROUND & DISCUSSION:
1. Michael McDaniel for Geographic Information System /Global Positioning System
(GIS /GPS) consulting services:
The City has previously utilized the services of a GIS /GPS consultant for the three years to
develop GIS capabilities such as the production of maps, data conversion, and specialized
data layers with the use of specialized GIS /GPS equipment and software. The consultant the
City previously used is no longer available. Staff reviewed several candidates and determined
that Michael Mc Daniel would be the best consultant to carry on the GIS efforts for the City.
Michael does GIS /GPS consulting for the City of Carson and the City of Lomita and is highly
recommended by staff from both of those cities.
GIS /GPS consulting services to be provided include maintenance of the GIS data and the
development of further mapping layers. In addition, he will be providing needed maps required
by City Staff and work with the Information systems Division to place GIS data on the City's
website. GIS /GPS services will be provided on an hourly basis at a rate of $27 /hour with an
estimated cost for 10 -12 hours per week for FY04 -05, not to exceed $15,000.
2. NOROC for Information Systems network consulting services:
The City has utilized the services of NOROC (actual company name) and Norm Thorn,
principal consultant for network consulting in areas such as streaming video, network
upgrades, and improvements to the current computer room. Mr. Thorn was involved in the
original design of the City's network and has continued to be very involved, as the network has
expanded to its current level. Norm has considerable experience with and knowledge of the
City's technical systems and requirements. Mr. Thorn has a number of certifications in the
areas of management, security communications, construction and technology. In addition, the
fees for NOROC's services compare very favorably with other firms surveyed. Information
Systems staff is therefore requesting to continue his consulting services to the City and having
him assist them with ongoing budgeted technology projects.
Network consulting services to be provided for FY2004 -05 include migration from Microsoft
Windows NT to Microsoft Windows 2000 Server on all of the City's servers; Selection,
installation, and configuration of high -speed network switches; development and assistance
with the implementation of an internal City intranet; and resolving other technical issues that
may arise during the course of completing the previous tasks. Network consulting services will
be provided on an hourly basis at a rate of $75 /hour with an estimated cost for 14 -16 hours per
week, not to exceed $60,000.
3. Vertex Communications, Inc. for telephone system services:
The City has used the services of Vertex Communications, Inc. forthe past year and a half for
telephone support services. The principals of Vertex are the same people that installed the
City's current telephone system. Their knowledge of the system is of great value to staff when
the services of Vertex are required, in that describing the task to be done is much easier. Also,
the rate that Vertex charges is 68% less that what SBC charges for the same service and
Vertex is much more responsive. Staff recommends that Vertex Communications, Inc.
continue to support the City's telephone support needs and anticipate that these support
services will continue through FY 2004 -2005. The support services provided in FY 2003 -2004
were nearly $11,000. It is anticipated that the cost for the services will be approximately the
same in fiscal year 2004 -2005.
r
0Jr
Telephone system support services to be performed include adds, moves, changes, and
repairs. Telephone system services will be provided on an hourly basis at a rate of $65 1hour,
on an as needed /requested basis, not to exceed $11,000.
4. Westchester Medical Group for annual fitness- for -duty and executive physical
examinations:
The City currently uses Westchester Medical Group to provide annual employee fitness -for-
duty and executive physical examinations. Last year Westchester Medical Group staff finalized
a revised "Fitness- for - Duty" examination protocol for Police and Fire Safety personnel. This
program continues to meet or exceed staffs expectations. Staff is therefore recommending
maintaining this important program, is requesting the authorization of a Professional Services
Agreement and issuance of blanket purchase order. The annual employee fitness - for -duty
examinations are not to exceed $60,000 and executive physical examinations is not to exceed
$10,000, with a combined total not to exceed of $70,000.
5. Class Software for additional licensing and training for implementation of the new
citywide cashiering program:
The Cashiering Decentralization Program was approved by City Council at the Budget
Strategic Planning Session. A total of $13,500 was appropriated for FY 2004 -05. To fund all
the additional expenses for training, user licenses and software maintenance fees a continuing
appropriation of $10,000 from FY 2003 -04 will be carried over to FY 2004 -05. No additional
appropriation will be necessary for 2004 -05.
Class will be training staff in Business Services, Building Safety, Planning, Fire and the Library
during the week of October 4"' for the Payment Manager Point of Sale Module. Class will also
be creating the external interface for the general ledger export financial module to the Eden
System and overseeing the management of the project.
6. Municipal Revenue Advisors for business, sales and use taxes revenue
enhancement program:
This program will provide ongoing revenues by discovering tax misallocations and unlicensed
businesses. The City will use a consultant to train staff in detecting sales tax leads, submit
reports to State Board of Equalization for sellers without permits, find leads on unlicensed
businesses, and established one -on -one contact with targeted businesses. This will ensure
that City receives sales and use tax based on the point of sale in El Segundo. This is a new
contract and the program is designed to fund itself from unrealized revenue.
i /J:a
EL SEGUNDO CITY COUNCIL MEETING DATE: September 21, 2004
AGENDA ITEM STATEMENT AGENDA HEADING: Consent
AGENDA DESCRIPTION:
Consideration and possible action regarding the annual renewal of the Library Department's
blanket purchase orders for four vendors: Baker & Taylor Information Services, OCLC Inc.,
Ebsco Subscription Services, and Innovative Interfaces, Inc.
(Fiscal Impact: $130,100)
ACTION:
(1) Authorize blanket purchase orders to Baker & Taylor Information Services, OCLC Inc.,
Ebsco Subscription Services, and Innovative Interfaces for FY 2004 -2005 for supplying
library materials, online cataloging services, and system maintenance;
(2) Alternatively, discuss and take other action related to this item.
BACKGROUND & DISCUSSION:
The following vendors each require blanket purchase orders which exceed $10,000:
Baker & Taylor (B & T), the Library's leading supplier of books, music, books -on -tape,
videos, DVD's and other items, offers substantial savings of up to 45% under retail cost.
Appropriations are being requested for the following accounts:
Adult Materials $51,000
Youth Materials $17,000
School Library Materials $ 1,500
Videos & DVD 600
Total $70,100
OCLC, Inc. provides online cataloging services at an annual amount of $18,000.
Ebsco Subscriptions Services delivers periodical and journal subscriptions for $15,000.
Innovative Interfaces, Inc. provides maintenance of the Library's online network system for a
total cost of $27,000. This includes all hardware and software items to support our integrated
web -based catalog, circulation, and administrative components of the Millennium system.
ATTACHED SUPPORTING DOCUMENTS
Amendment #6 to Innovative Interfaces, Inc. Maintenance Contract #2235.
FISCAL IMPACT:
Operating Budget: $221,600
Amount Requested: $130,100
Account Number: 6102 - 6124; 6103 - 5505;6103 - 5507;6103- 6214;6103 -6215;
6104 - 5501;6104 - 6215;703- 200 -6101 -2561
Project Phase: Annual Renewal
Aoorooriation Required: Yes X No
ORIGINATED BY: l YS' �Vti"/ DATE: q(14 i„ y
Debra Brighton, Library Director
REVIEWED BY:
Strenn, C
127 -A d I
Yyam 8
056
AMENDMENT "F" ( SIXTH AMENDMENT)
TO THE AGREEMENT NO. 2235 BETWEEN INNOVATIVE INTERFACES, INC.,
AND THE CITY OF EL SEGUNDO
THIS AMENDMENT "F" ( "Amendment ") to Agreement No. 2235 is made and entered
into this 21ST day of September 2004, by and between the CITY OF EL SEGUNDO, a
general law city and municipal corporation existing under the laws of California ( "CITY "),
and INNOVATIVE INTERFACES, a company incorporated under the laws of the State
of California ( "CONTRACTOR ").
1. Pursuant to Agreement No. 2235 ( "Agreement "), executed by the parties on or
about April 6, 1993 and subsequently amended, the term of the agreement is
extended until September 30, 2005.
2. Consultant agrees to perform the additional services in attached Exhibit 'A,"
which is incorporated by reference.
3. Compensation for these services are listed in attached Exhibit "A," which is
incorporated by reference.
4. This Amendment may be executed in any number or counterparts, each of which
will be an original, but all of which together constitute one instrument executed
on the same date.
5. Except as modified by this Amendment, all other terms and conditions of
Agreement No. 2235 remain the same.
CITY OF EL SEGUNDO
am
Mary Strenn,
City Manager
ATTEST:
Cindy Mortesen, City Clerk
APPROVED AS TO FORM:
Mark D. Hensley, City Attorney
By:
Karl H. Be er,
Assistant City Attorney
INNOVATIVE INTERFACES, Inc.
By: 4�� I -te :
INN�0VArTIVEs
EL SEGUNDO PUBLIC LIBRARY
August 26, 2004
EXHIBIT A
Maintenance /mo.
Cataloging
1
$240
$77
OCLC Interfaces
1
$160
Public Catalog (OPAC)
1
$120
Authority Control
1
$227
Circulation
1
Powerwatch Software
1
$420
Users
36
1
$225
DEC Alpha CPU
10
$124
Additional Users
$39
1.2GB disk drive
1
PC Circ Software
1
$6
Patron API
1
$49
Web OPAC /Gateway
1
$95
File Transfer Software
1
$38
Additional users
2
$20
1.8% CPI increase
1
$32
$1,872
10/1/20049/30/2005
L ` 58
s"
EL SEGUNDO CITY COUNCIL MEETING DATE: September 21, 2004
AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action regarding: 1) the approval of amendment No. 2 for the
extension of an existing contract with Gary V. Bufkin Consulting (GVBCC) for development of
a web -based permit system for one year. (No Fiscal Impact), 2) the approval of amendment
No. 2 for the extension of an existing contract with MRH Structural Engineers (MRH) for plan
review services for an additional two years. (Fiscal Impact: $205,000 for fiscal year 2004-
2005), and 3) the approval of amendment No. 1 for the extension of an existing contract with
Data Micro Imaging Company (DMC) for microfiche services for one year. (Fiscal Impact:
$20,000 for fiscal year 2004 — 2005).
RECOMMENDED COUNCIL ACTION:
1. Authorize the City Manager to approve amendment No. 2 to GVBCC;
2. Authorize the City Manager to approve amendment No. 2 to MRH;
3. Authorize the City Manager to approve amendment No.1 to DMC; and /or
4. Alternatively discuss and take other action related to this item.
BACKGROUND & DISCUSSION:
The Department of Community, Economic and Development Services recommends extending
the contracts of three consultants: GVBCC is used to develop a web based permit issuance
system; MRH to review complex construction documents; and DMC to microfiche documents.
(Background and Discussion continues on the next page.)
ATTACHED SUPPORTING DOCUMENTS
1. Amendment No. 2 to GVBCC;
2. Amendment No. 2 to MRH;
3. MRH fee schedule adjustment; and,
4. Amendment No. 1 to DMC
FISCAL IMPACT:
Operating Budget:
Amount Requested:
Account Number:
Project Phase:
Appropriation Required:
$298,500
$225,000
001 -400- 2403 -6214
001 - 400 - 2505 -8108
N/A
X Yes _No
ORIGINATED BY: DATE:
Jame M. ansen, Director of Community, Economic and Development Services
REVI BY: DATE:
9
Mary Strenn, Manager 0 5
BACKGROUND & DISCUSSION (continued)
GVBCC
GVBCC has developed an automated permit issuance software that is currently being used by
staff. Along with this software is the development of a web -based system for the issuance of
permits over the internet. The web -based system is partially complete. At this time, status of
plan reviews and inspections can be obtained over the internet at munipermits.elsegundo.org.
The final implementation of issuing permits over the web will be completed in the next four
months. Staff recommends extending the contract for GVBCC for an additional year so that
the final phase of implementation can be completed. The project is fully funded ($53,500) and
no additional funds are needed to complete the project.
MRH
On September 18, 2001 the City Council approved an agreement with MRH to provide plan
review services for the Building Safety Division, on an as- needed basis, to ensure compliance
with the City's building codes. At the time of selection, 15 firms submitted proposals to the City
for consideration. MRH was selected based on their qualifications, level of service and cost.
For the last three years MRH has provided timely and cost effective service.
To ensure that the City is receiving the best price for this service, staff solicited a proposal
from Harris & Associates (Harris) to compare with MRH's fees. In general, Harris's fees were
over double the cost charged by MRH for providing the same level of service.
A large majority of the fees charged by MRH area percentage of the plan check fees collected
by the City. For example, the fee MRH would charge for reviewing a $1,000,000 construction
project would be 34% of the fees collected by the City. Harris would charge 75% of the fees
collected for the same level of service. Staff has found MRH's fees are the lowest in the
industry.
At times, there are miscellaneous fees charged on an hourly basis for unusual cases or
projects. Only a small percentage of projects are reviewed on an hourly basis. MRH has
submitted minor adjustments to these fees and the time to complete the review of Mechanical,
Electrical, Plumbing, Grading (MEPG) plans. Under the proposed contract extension, the
hourly rate for plan reviews that are on an hourly basis will rise from $60 /hr to $75 /hr. The
time to review MEP will rise from 10 days to 12 days for regular reviews, and from 5 days to 7
days for expedited reviews. The time to review Grading plans will rise from 10 days to 15 days
for regular reviews, and from 5 days to 10 days for expedited reviews.
If a plan check engineer position were to become vacant, staff would typically back -fill with a
temporary registered civil engineer that has plan review experience. The cost of providing a
temporary engineer will rise from $60 /hr to $95 /hr. The justification for this increase is due to
the fact that an engineer with the appropriate experience could not be found for $60 /hr.
It is important to note that the plan check fees collected from the applicant offset the fees paid
to MRH. The impact for fiscal year 2004 — 2005 is $205,000.
06
DMC
Documents such as blueprints, permits, and planning related documents are required to be
filed in permanent records. Each year the department retains approximately 1500 sets of
blueprints, which require a large amount of space to store. In order to save on limited storage
space, the documents are kept on microfilm.
During the 2000 -2001 fiscal year staff contacted three vendors for proposals. DMC was
selected based on cost and reference checks regarding the quality of service provided. DMC
has performed at a high level and met all requirements of their initial contract.
The department has continuing amounts of documents that require microfilming. Because the
cost of service has not changed since September 2001, staff recommends continuing to
contract with DMC for one additional year.
It is important to note that the Plan Retention fees collected that are collected at the time a
permit is issued offset the fees oaid to DMC. The impact for fiscal year 2004 — 2005 is
$20,000
RECOMMENDATION
Staff recommends to fully fund and extend the contracts for GVBCC, MRH, and DMC.
t� 61
SECOND AMENDMENT TO
AGREEMENT NO. 2999 BETWEEN
THE CITY OF EL SEGUNDO AND GARY V. BUFKIN CONSULTING
THIS SECOND AMENDMENT ( "Amendment ") is made and entered into this 0 day ofOctober 2004,
by and between the CITY OF EL SEGUNDO, a general law city and municipal corporation existing
under the laws of California ( "City"), and GARY V. BUFKIN (CONTRACTOR).
1. This Amendment extends the term of Agreement No. 2999 from October 1, 2004 until
September 30, 2005.
2. This Amendment may be executed in any number or counterparts, each of which will be an
original, but all of which together shall constitute one instrument executed on the same date.
3. Except as modified by this Amendment, all other terms and conditions of Agreement No. 2999
will remain the same.
CITY OF EL SEGUNDO,
A general law city,
Mary Strenn,
City Manager
ATTEST:
Cindy Mortesen,
City Clerk
APPROVED AS TO FORM:
Mark D. Hensley, City Attorney
By:
Karl H. Ber er,
Assistant C Attorney
GARY V. BUFKIN CONSULTING
Gary V. Bufkin
President
0 6 "
SECOND AMENDMENT TO
AGREEMENT NO. 2925 BETWEEN
THE CITY OF EL SEGUNDO AND MRH STRUCTURAL ENGINEERS
THIS SECOND AMENDMENT ( "Amendment ") is made and entered into this I" day of October 2004,
by and between the CITY OF EL SEGUNDO, a general law city and municipal corporation existing
under the laws of California ( "City"), and MRH STRUCTURAL ENGINEERS (CONTRACTOR).
4. This Amendment extends the term of Agreement No. 2925 from October 1, 2004 until
September 30, 2006.
This Amendment may be executed in any number or counterparts, each of which will be an
original, but all of which together shall constitute one instrument executed on the same date.
6. Except as modified by this Amendment, all other terms and conditions of Agreement No. 2925
will remain the same.
CITY OF EL SEGUNDO,
A general law city,
MRH STRUCTURAL ENGINEERS
Mary Strenn, Mohammad Hariri
City Manager President
ATTEST:
Cindy Mortesen,
City Clerk
APPROVED AS TO FORM:
Mark D. Hensle City Attome
By:
Karl H. Be $er,
Assistant City Attorney
MRHStructural Engineers
Structural Engineering - Plan Review Services - Forensic Investigations
September 13, 2004
City of El Segundo
350 Main Street
El Segundo, CA 90245 -0989
Attn: Seimone Jurjis, PE, CBO
Building Division Manager
Re: Extension of Plan Check Services Contract
Dear Mr. Jurjis,
As requested, the following is our proposal for a two year extension of the contract for plan
review services we provide to your city. This letter will serve as our proposed amendments to the
current contract, as follows:
❖ Hourly Reviews: $75.00 per hour
❖ Minimum Turnaround Times:
Pick -up and delivery days not included in any of the turnaround schedules.
Grading
Regular plan checks
15 days
Accelerated plan checks
10 days
Plumbing, Mechanical, Electrical:
Regular plan checks
12 days
Accelerated plan checks
7 days
❖ Providing temporary plan check personnel to work at the city: $ 95.00 per hour.
All other parts of the current contract remain the same. This proposal is valid for 60 days.
Again, thank you for the opportunity to be of service to your city. If you should have any
questions, please do not hesitate to contact us at 714 - 633 -5987.
Yours truly, % .
/1? 0 /z. Mc...O�
Mohammad R Hariri
1411 Batavia Street, Suite 202, Orange, CA 92867 tel. 714- 633 -5987 fax 714- 633 -4917
;)64
FIRST AMENDMENT TO
AGREEMENT NO. 3245 BETWEEN
THE CITY OF EL SEGUNDO AND DATA MICRO IMAGING COMPANY
THIS SECOND AMENDMENT ( "Amendment ") is made and entered into this 1" day of October 2004,
by and between the CITY OF EL SEGUNDO, a general law city and municipal corporation existing
under the laws of California ("City"), and DATA MICRO IMAGING COMPANY (CONTRACTOR).
7. This Amendment extends the term of Agreement No. 3245 from October 1, 2004 until
September 30, 2005.
8. This Amendment may be executed in any number or counterparts, each of which will be an
original, but all of which together shall constitute one instrument executed on the same date.
9. Except as modified by this Amendment, all other terms and conditions of Agreement No. 3245
will remain the same.
CITY OF EL SEGUNDO, DATA MICRO IMAGING COMPANY
A general law city,
Mary Strenn,
City Manager
ATTEST:
Cindy Mortesen,
City Clerk
APPROVED AS TO FORM:
Mark D. Hensley, City Attorney
By.
Karl H. Berg r,
Assistant Cit Attorney
065
EL SEGUNDO CITY COUNCIL
AGENDA ITEM ST
AGENDA DESCRII
ENT
MEETING DATE: September 21, 2004
,GENDA HEADING: Consent Calendar
Consideration and possible action regarding the issuance of blanket purchase orders to Bound
Tree Medical (to purchase paramedic medical supplies from single source vendor), UCLA (for
continuing education, defibrillation training and Automatic External Defibrillator (AED) program
oversight), and Pinkerton Government Services, Inc. (to perform high rise fire inspection
services). Fiscal Impact: $24,200, $20,000 and $10,500, respectively.
RECOMMENDED COUNCIL ACTION:
1) Authorize the El Segundo Fire Department to piggyback on the City of Santa Clara 2004 Bound
Tree Medical bid; 2) Authorize issuance of a blanket purchase order to Bound Tree Medical for FY
2004 -2005 for medical supplies; 3) Authorize the issuance of a blanket purchase order for FY
2004 -2005 to UCLA Center for Prehospital Care for continuing education, defibrillation training
and AED program oversight; 4) Authorize issuance of a blanket purchase order for FY 2004 -2005
to Pinkerton Government Services, Inc. to perform annual high rise inspection services 5)
Alternatively, discuss and take other action related to this item.
BACKGROUND AND DISCUSSION:
Bound Tree Medical
The El Segundo Fire Department has been purchasing and storing paramedic medical supplies
since 1998, as mandated by the County of Los Angeles, Department of Health Services. Since
1998, the Fire Department has been utilizing an opportunity to "piggyback" their ordering of
supplies from Bound Tree Medical with the City of Santa Clara to take advantage of 2004 pricing
and terms.
Bound Tree Medical has been consistently delivering high quality medical supplies within five days
after orders are placed. In addition to favorable pricing and timely deliveries, Bound Tree also
offers a 3% discount for invoices paid within 30 days. Therefore, the Fire Department is
Continued next
ACHED SUPPORTING
None
FISCAL IMPACT:
Operating Budget: Yes
Amount Requested: $24,200 (Bound Tree), $20,000 (UCLA), $10,500 (Pinkerton)
Account Number: 001 - 400 - 3203 -5204 Bound Tree
001400- 3202 -6223 and 001 - 400 - 3202 -6214 UCLA
001400- 3204 -6214 Pinkerton
Project Phase: N/A
Appropriation Required: _Yes X No
ORIGINATED: DATE: 09/13/04
REVIEWED BY: DATE:
Fee
10
0 66
BACKGROUND & DISCUSSION, continued:
recommending that we continue to purchase our medical supplies from Bound Tree Medical for
the 2004 -2005 fiscal year.
UCLA
The UCLA Center for Pre - Hospital Care provides education services to the El Segundo Fire
Department, through continuing educational services by Evelyn Riley, M.Ed., R.N., M.I.C.N. (who
has worked with the department for over seven years). Ms. Riley conducts continuing education
with staff in prehospital and emergency medicine to maintain certification and licensure as EMT -
Basic or EMT - Paramedic (collectively referred to as "CE" Programs'), primary education to obtain
licensure as an EMT - Defibrillation ( "EMT -D ") Provider, and provide quality improvement services
to maintain or enhance the quality of patient care (referred to as "QI Services ").
In addition, the Fire Department has automatic external defibrillators (AEDs) in service which
require that personnel who operate this equipment must be trained and certified as Emergency
Medical Technician — Defibrillation (EMT -D). In addition, the citywide AED program requires
employee training and oversight, and these fees have been absorbed into the existing Fire
Department fees.
Pinkerton
The Fire Department is required by state law to inspect all high rise buildings annually, and has
contracted with Pinkerton Government Services, Inc. to perform these inspections. On June 1,
2004, the City Council awarded Professional Services Agreement No. 3343 to Pinkerton
Government Services, Inc. to perform annual High Rise Fire Inspection Services for calendaryear
2004, with authorization for the City Manager to execute four additional one -year extensions for a
total of five, one -year contracts.
i
EL SEGUNDO CITY COUNCIL MEETING DATE: September 21, 2004
AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda
Consideration and possible action to approve agreements with Cassidy & Associates, The
MWW Group and Urban Dimensions for work related to the City's efforts regarding Los
Angeles International Airport, lobbying efforts in Washington, D.C. and obtaining federal
transportation funds (Fiscal Impact: $256,000)
RECOMMENDED COUNCIL ACTION:
1) Authorize Mayor to execute consultant agreements with Cassidy &Associates, The MWW
Group and Urban Dimensions effective October 1, 2004; 2) Alternatively, discuss and take
other action related to this item.
BACKGROUND & DISCUSSION:
During the course of the City's intervention efforts related to Los Angeles International Airport
(LAX), Urban Dimensions and The MWW Group have been retained to articulate the City's
position on a wide spectrum of airport related issues. Over the past couple of years, the effort
has moved alternatively between seeking consensus on a regional airport plan and working
with representatives from Los Angeles World Airports (LAWA) and officials from the City of
Los Angeles to ensure that the El Segundo's issues are represented with respect to the need
to constrain the growth of LAX. Currently, the emphasis is on working with those
representatives to ensure that any effort to develop LAX does not result in a facility that
exceeds its current capacity of 78.9 MAP. In concert with those efforts, the City still seeks to
(Please see attached page marked "Background and Discussion ")
ATTACHED SUPPORTING DOCUMENTS:
Consultant agreements with Cassidy and Associates, The MWW Group and Urban
Dimensions
FISCAL IMPACT: $256,000
Operating Budget: $430,000
Amount Requested: $256,000
Account Number: 01.400- 2901.6406 and 01 -400- 2901 -6407
Appropriation Required: _Yes X No
Mary StrenWCity Manager
068
11
Background and Discussion (con't):
maintain a relationship with its coalition partners in promoting a regional airport plan that
includes facilities other than LAX.
At its Strategic Planning Session held July 16, 2004, the City Council suggested that funding
be included in the FY 2004/2005 budget to extend agreements with Cassidy and Associates
through September 30, 2005 at current rates and to extend the agreements with The MWW
Group and Urban Dimensions for a period of six - months at current rates. The short-term
agreements with The MWW Group and Urban Dimensions will necessitate that the City
Council consider the budget implications of the current LAX intervention strategy prior to
March 31, 2005.
The following is a summary of services proposed by the consultants:
The MWW Group
➢ Continue to develop the relationships necessary with decision - making entities at LAWA
and the City of Los Angeles to ensure effective negotiations that will result in an
agreement that constrains LAX to its current capacity;
➢ Continue to develop the City's current relationship with the Los Angeles Mayor's Office,
the Los Angeles City Council and LAWA;
➢ Manage the City's relationship with organized labor and Trade Unions in the region;
➢ Continue media relations campaign;
➢ Work to establish a dialogue and base of support among Los Angeles civic and
business Leaders.
Proposed Cost — $8,000 /month through March 31, 2005. Total — $48,000.
Cassidy & Associates
➢ Seek additional funding for implementation Sewer Master Plan;
➢ Continue to explore avenues of additional funding related to the Douglas Street Gap
Closure project;
➢ Represent the City's position with respect to federal legislation related to local airport
development;
➢ Continue to represent the City's interests during deliberations surrounding the 2004
Highway Bill;
➢ Determine and report regularly on airline industry strategy in Washington, D.C.
Proposed Cost — $13,333 /month through September 30, 2005. Total — $160,000.
06)
Background and Discussion (con't):
Urban Dimensions
➢ Continue educating and updating Regional Airport Coalition about the City of Los
Angeles' proposed amendments to the LAX Master Plan;
➢ Monitor developments in City of Los Angeles' plan for LAX;
➢ Monitor developments on state and federal level that affect LAX planning;
➢ Continue work with SCAG Aviation Task Force to increase momentum of regional
airport plan and development of appropriate regional airports;
➢ Ongoing press and media outreach to maintain interest in LAX issue and El Segundo's
efforts;
➢ Continue consultation with Shute, Mihaly & Weinberger on key LAX issues as needed.
Proposed Cost — $8,000 /month through March 31, 2005. Total - $48,000.
Staff recommends funding for the MWW Group and Urban Dimensions come from budget
line -item 001 -400- 2901 -6406. Funding for the agreement with Cassidy Associates is
recommended to come from 001 -400 -2901 -6407.
07 0
AGREEMENT
FOR PROFESSIONAL SERVICES
THIS AGREEMENT, made and entered into this 1st day of October, 2004,
between the CITY OF EL SEGUNDO, a municipal corporation, hereinafter
referred to as "City" and Cassidy & Associates hereinafter referred to as
"Consultant". This Agreement shall be in full force and effect through September
30 2005, unless extended by mutual agreement of City and Consultant. In
consideration of the mutual covenants and conditions set forth herein, the parties
agree as follows:
1. SCOPE OF SERVICES. Consultant agrees to perform the services
set forth in Exhibit "A" "SCOPE OF SERVICES" and made a part hereof.
Consultant represents and warrants that it has the qualifications,
experience and facilities to properly perform said services in a thorough,
competent and professional manner and shall, at all times during the term
of this Agreement, have in full force and effect, all licenses required of it by
law, including, but not limited to, a valid El Segundo Business License.
Consultants shall begin its services under this Agreement on December 1,
2001. Consultant shall complete each of the services set forth in Exhibit A
to the City's satisfaction. If the City is not satisfied with any such services,
the Consultant shall work on such matter until the City approves of the
service. Further, Consultant shall complete the services set forth in
Exhibit A strictly according to the schedule provided therein.
Additionally, Consultant shall provide the services specified in Exhibit A in
compliance with the following conditions: All work performed by
Consultant shall be directed through the City Manager or designee; all
work requested of Consultant by the City shall be directed by the City
Manager or designee; consultant shall submit periodic reports of work
product and progress on stated goals outlined in Exhibit A to the City
Manager not less frequently than once each month.
2. STATUS OF CONSULTANT. Consultant is and shall at all times
remain as to the City a wholly independent contractor. The personnel
performing the services under this Agreement on behalf of Consultant
shall at all times be under Consultant's exclusive direction and control.
Neither City nor any of its officers, employees or agents shall have control
over the conduct of Consultant or any of Consultant's officers, employees
or agents, except as set forth in this Agreement. Consultant shall not at
any time or in any manner represent that it or any of its officers,
employees or agents are in any manner officers, employees or agents of
the City. Consultant shall not incur or have the power to incur any debt,
obligation or liability whatever against City, or bind City in any manner.
Consultant shall not disseminate any information or reports gathered or
071
created pursuant to this Agreement without the prior written approval of
City except information or reports required by government agencies to
enable Consultant to perform its duties under this Agreement.
3. CONSULTANT'S KNOWLEDGE OI' AI- MIUwrsLM L.hrra.
Consultant shall keep itself informed of applicable local, state and federal
laws and regulations which may affect those employed by it or in any way
affect the performance of its services pursuant to this Agreement.
Consultant shall observe and comply with all such laws and regulations
affecting its employees. City and its officers and employees, shall not be
liable at law or in equity as a result of any failure of Consultant to comply
with this section. Without limiting the foregoing, Consultant shall not
expend any funds in violation of: California Constitution, Article 16, Section
6; Government Code, Section 81000 et. seq. ( "Political Reform Act "); or
any other federal or state law governing the expenditure of public funds.
Consultant shall be solely responsible for submittal of all documents,
forms and other information that may be required by all applicable
agencies as a result Contractor's performing the services specified in this
Agreement.
4. PERSONNEL. Consultant shall make every reasonable effort to
maintain the stability and continuity of Consultant's staff assigned to
perform the services hereunder and shall obtain the approval of the City
Manager of all proposed staff members performing services under this
Agreement prior to any such performance.
5. COMPENSATION AND METHOD OF PAYMENT. Compensation
to the Consultant shall be paid as a fixed monthly retainer not to exceed
thirteen thousand three hundred and thirty-three dollars ($13,333) per
month. Payments shall be made in approximately thirty (30) days after
receipt of each invoice as to all non - disputed fees. If the City disputes any
of consultant's fees it shall give written notice to Consultant in 30 days of
receipt of an invoice of any disputed fees set forth on the invoice.
6. ADDITIONAL SERVICES OF CONSULTANT. Consultant shall not
be compensated for any services rendered in connection with its
performance of this Agreement which are in addition to those set forth
herein or listed in Exhibit "A ", unless such additional services are
authorized in advance and in writing by the City Manager. Consultant
shall be compensated for any additional services in the amounts and in
the manner as agreed to by City Manager and Consultant at the time
City's written authorization is given to Consultant for the performance of
said services.
7. ASSIGNMENT. All services required hereunder shall be performed
by Consultant, its employees or personnel under direct contract with
i �! . �
Consultant. Consultant shall not assign to any subcontractor the
performance of this Agreement, nor any part thereof, nor any monies due
hereunder, without the prior written consent of City Manager.
8. FACILITIES AND RECORDS. City agrees to provide: suitably
equipped and furnished office space, public counter, telephone, and use
of copying equipment and necessary office supplies for Consultant's on-
site staff, if any. Consultant shall maintain complete and accurate records
with respect to sales, costs, expenses, receipts and other such information
required by City that relate to the performance of services under this
Agreement. Consultant shall maintain adequate records of services
provided in sufficient detail to permit an evaluation of services. All such
records shall be maintained in accordance with generally" accepted
accounting principles and shall be clearly identified and readily accessible.
Consultant shall provide free access to the representatives of City or its
designees at reasonable times to such books and records, shall give City
the right to examine and audit said books and records, shall permit City to
make transcripts therefrom as necessary, and shall allow inspection of all
work, data, documents, proceedings and activities related to this
Agreement. Such records, together with supporting documents, shall be
maintained for a period of three (3) years after receipt of final payment.
9. TERMINATION OF AGREEMENT. This Agreement shall expire on
September 30, 2005, unless extended by mutual agreement of City and
Consultant. The City upon 30 days written notice or 120 days by
contractor written notice may terminate with or without cause this
Agreement. In the event of such termination, Consultant shall be
compensated for non - disputed fees under the terms of this Agreement up
to the date of termination.
10. COOPERATION BY CITY. All public information, data, reports,
records, and maps as are existing and available to City as public records,
and which are necessary for carrying out the work as outlined in the
Scope of Services, shall be furnished to Consultant in every reasonable
way to facilitate, without undue delay, the work to be performed under this
Agreement.
11. OWNERSHIP OF DOCUMENTS. Upon satisfactory completion of,
or in the event of termination, suspension or abandonment of, this
Agreement, all original maps, models, designs, drawings, photographs,
studies, surveys, reports, data, notes, computer files, files and other
documents prepared in the course of providing the services to be
performed pursuant to this Agreement shall, become the sole property of
City. With respect to computer files, Consultant shall make available to
the City, upon reasonable written request by the City, the necessary
073
computer software and hardware for purposes of accessing, compiling,
transferring and printing computer files.
12. RELEASE OF INFORMATIONIGONFUUrs car iN i LKMO 1.
A. All information gained by Consultant in performance of this
Agreement shall be considered confidential and shall not be released by
Consultant without City's prior written authorization excepting that
information which is a public record and subject to disclosure pursuant to
the California Public Records Act, Government Code. 6250, et seg.
Consultant, its officers, employees, agents or subcontractors, shall not
without written authorization from the City Manager or unless requested by
the City Attorney, voluntarily provide declarations, letters of support,
testimony at depositions, response to interrogatories or other information
concerning the work performed under this Agreement or relating to any
project or property located within the City. Response to a subpoena or
court order shall not be considered "voluntary" provided Consultant gives
City notice of such court order or subpoena.
If Consultant or any of its officers, employees, consultants or
subcontractors does voluntarily provide information in violation of this
Agreement, City has the right to reimbursement and indemnity from
Consultant for any damages caused by Consultant's conduct, including
the City's attorney's fees.
Consultant shall promptly notify City should Consultant, its officers,
employees, agents or subcontractors be served with any summons,
complaint, subpoena, notice of deposition, request for documents,
interrogatories, request for admissions or other discovery request, court
order or subpoena from any party regarding this Agreement and the work
performed thereunder or with respect to any project or property located
within the City. City retains the right, but has no obligation, to represent
Consultant and /or be present at any deposition, hearing or similar
proceeding. Consultant agrees to cooperate fully with City and to provide
City with the opportunity to review any response to discovery requests
provided by Consultant. However, City's right to review any such
response does not imply or mean the right by City to control, direct, or
rewrite said response.
B. Consultant covenants that neither they nor any officer or
principal of their firm has any interest in, or shall they acquire
any interest, directly or indirectly which will conflict in any
manner or degree with the performance of their services
hereunder. Consultant further covenants that in the
performance of this Agreement, no person having such
interest shall be employed by them as an officer, employee,
agent, or subcontractor without the express written consent
of the City Manager.
() 7
13. DEFAULT. In the event that Consultant is in default of any
provision of this Agreement, City shall have no obligation or duty to
continue compensating Consultant for any work performed after the date
of default and can terminate this Agreement immediately by written notice
to the Consultant.
14. INDEMNIFICATION. Consultant agrees to the following:
A. Indemnification for Professional Services. Consultant will save
harmless and indemnify, including, without limitation, City's defense costs
(including reasonable attorney's fees), from and against any and all suits,
actions, or claims, of any character whatever, brought for, or on account
of, any injuries or damages sustained by any person or property resulting
or arising from any negligent or wrongful act, error or omission by
Consultant or any of Consultant's officers, agents, employees, or
representatives, in the performance of this Agreement.
B. 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.
C. For purposes of this section "City" includes City's officers, officials,
employees, agents, representatives, and certified volunteers.
D. It is expressly understood and agreed that the foregoing provisions
will survive termination of this Agreement.
E. The requirements as to the types and limits of insurance coverage
to be maintained by Consultant as required by this Agreement, 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.
F. Consultant represents it is skilled in the professional calling
necessary to perform the services and duties agreed to hereunder by
Consultant, and City relies upon the skills and knowledge of Consultant.
Consultant shall perform such services and duties consistent with the
standards generally recognized as being employed by professionals
performing similar service in the State of California.
0,73
G. Consultant is an independent contractor and shall have no authority
to bind City nor to create or incur any obligation on behalf of or liability
against City, whether by contract or otherwise, unless such authority is
expressly conferred under this agreement or is otherwise expressly
conferred in writing by City.
CONSULTANT HAS READ THIS SECTION 14 IN ITS ENTIRETY
AND KNOWINGLY AND WILLINGLY ACCEPTS THE
OBLIGATIONS CONTAINED HEREIN.
15. INSURANCE.
A. Insurance Requirements. Consultant shall provide and
maintain insurance acceptable to the City Attorney in full force and effect
throughout the term of this Agreement, against claims for injuries to
persons or damages to property which may arise from or in connection
with the performance of the work hereunder by Consultant, its agents,
representatives or employees. Insurance is to be placed with insurers
with a current A.M. Best's rating of no less than A:VII. Consultant shall
provide the following scope and limits of insurance:
(a) Minimum Scope of Insurance. Coverage shall be at
least as broad as:
(1) Insurance Services Office form Commercial
General Liability coverage (Occurrence Form
CG 0001).
(ii) Insurance Services Office form number CA
0001 (Ed. 1/87) covering Automobile Liability,
including code 1 "any auto" and endorsement
CA 0025, or equivalent forms subject to the
written approval of the City.
(iii) Workers' Compensation insurance as required
by the Labor Code of State of California and
Employer's Liability insurance and covering all
persons providing services on behalf of the
Consultant and all risks to such persons under
this Agreement. (Not needed if Self- employed
with no employees.)
(iv) Errors and omissions liability insurance
appropriate to the Consultant's profession.
(b) Minimum Limits of Insurance. Consultant shall
maintain limits of insurance no less than:
(i) General Liability: $1,000,000 per occurrence for
bodily injury, personal injury and property damage. If
Commercial General Liability Insurance or other form
with a general aggregate limit is used, either the
0 '7G
general aggregate limit shall apply separately to the
activities related to this Agreement or the general
aggregate limit shall be twice the required occurrence
limit.
Automobile Liabilitv: Including owned, non -
owned and hired vehicles for bodily injury and
property damage with (See cover letter (page
1) for actual dollar level Requirements):
At least $1,000,000 per occurrence.
$100,000 - $300,000 per occurrence.
As required by State Statutes. A copy
of your current policy must be submitted
naming yourself and or your company.
(iii) Workers' Compensation and Employer's
Liabilit : Workers' Compensation as required
by the Labor Code of the State of California
and Employers Liability limits of $1,000,000 per
accident.
(iv) Errors and Omissions or Malpractice or
Professional Liability: At least $1,000,000
per occurrence.
B. Other Provisions. Insurance policies required by this
Agreement shall contain the following provisions:
(a) All Policies. Each insurance policy required by this
paragraph 15 shall be endorsed and state the coverage shall
not be suspended, voided, canceled by the insurer or either
party to this Agreement, reduced in coverage or in limits
except after 30 days' prior written notice by Certified mail,
return receipt requested, has been given to the City.
(b) General Liability and Automobile Liability
Coverages.
(1) City, its officers, officials, and employees and
volunteers are to be covered as additional insureds as
respects: liability arising out of activities Consultant
performs, products and completed operations of
Consultant; premises owned, occupied or used by
Consultant, or automobiles owned, leased or hired or
borrowed by Consultant. The coverage shall contain
no special limitations on the scope of protection
afforded to City, its officers, officials, or employees.
0'7'7
(ii) Consultant's insurance coverage shall be
primary insurance as respect to City, its officers,
officials, employees and volunteers. Any insurance or
self insurance maintained by City, its officers, officials,
employees or volunteers shall apply in excess of, and
not contribute with, Consultant's insurance.
(111) Consultant's insurance shall apply separately
to each insured against whom claim is made or suit is
brought, except with respect to the limits of the
insurer's liability.
(v) Any failure to comply with the reporting or other
provisions of the policies including breaches of
warranties shall not affect coverage provided to
the City, its officers, officials, employees or
volunteers.
(c) Workers' Compensation and Employer's r..raprrrty
Coverage. Unless the City Manager otherwise agrees in
writing, the insurer shall agree to waive all rights of
subrogation against City, its officers, officials, employees
and agents for losses arising from work performed by
Consultant for City.
C. Other Requirements. Consultant agrees to deposit with
City, at or before the effective date of this contract,
certificates of insurance necessary to satisfy City that the
insurance provisions of this contract have been complied
with. The City Attorney may require that Consultant furnish
City with copies of original endorsements effecting coverage
required by this Section. The certificates and endorsements
are to be signed by a person authorized by that insurer to
bind coverage on its behalf. City reserves the right to
inspect complete, certified copies of all required insurance
policies, at any time.
(a) Consultant shall furnish certificates and
endorsements from each subcontractor identical to those
Consultant provides.
(b) Any deductibles or self- insured retentions must be
declared to and approved by City. At the option of the City,
either the insurer shall reduce or eliminate such deductibles
or self- insured retentions as respects the City, its officers,
officials, employees and volunteers; or the Consultant shall
procure a bond guaranteeing payment of losses and related
investigations, claim administration, defense expenses and
claims.
e ?8
(c) The procuring of such required policy or policies of
insurance shall not be construed to limit Consultants liability
hereunder nor to fulfill the indemnification provisions and
requirements of this Agreement.
16. ENTIRE AGREEMENT. This Agreement is the complete, final,
entire and exclusive expression of the Agreement between the parties
hereto and supersedes any and all other agreements, either oral or in
writing, between the parties with respect to the subject matter herein.
Each party to this Agreement acknowledges that no representations by
any party which are not embodied herein and that no other agreement,
statement, or promise not contained in this Agreement shall be valid and
binding.
17. GOVERNING LAW. The City and Consultant understand and
agree that the laws of the State of California shall govern the rights,
obligations, duties and liabilities of the parties to this Agreement and also
govern the interpretation of this Agreement. Any litigation concerning this
Agreement shall take place in the Los Angeles County Superior Court.
18. ASSIGNMENT OR SUBSTITUTION. City has an interest in the
qualifications of and capability of the persons and entities who will fulfill
the duties and obligations imposed upon Consultant by this Agreement. In
recognition of that interest, neither any complete nor partial assignment of
this Agreement may be made by Consultant nor changed, substituted for,
deleted, or added to without the prior written consent of City. Any
attempted assignment or substitution shall be ineffective, null, and void,
and constitute a material breach of this Agreement entitling City to any
and all remedies at law or in equity, including summary termination of this
Agreement.
18. MODIFICATION OF AGREEMENT. The terms of this Agreement
can only be modified in writing approved by the City Council and the
Consultant. The parties agree that this requirement for written
modifications cannot be waived and any attempted waiver shall be void.
20. AUTHORITY TO EXECUTE. The person or persons executing this
Agreement on behalf of Consultant warrants and represents that
he /she /they has /have the authority to execute this Agreement on behalf of
his /her /their corporation and warrants and represents that he /she /they
has /have the authority to bind Consultant to the performance of its
obligations hereunder.
21. NOTICES. Notices shall be given pursuant to this Agreement by
personal service on the party to be notified, or by written notice upon such
0 '7 t)
party deposited in the custody of the United States Postal Service
addressed as follows:
City:
Jeff Stewart
City of El Segundo
350 Main Street
El Segundo, California 90245 -3895
Telephone (310) 524 -2334
Facsimile (310) 322 -7137
Consultant:
Gerry Warburg
Cassidy & Associates
700 Thirteenth Street N.W., Suite 400
Washington D.C. 20005 -5917
The notices shall be deemed to have been given as of the date of
personal service, or three (3) days after the date of deposit of the same in
the custody of the United States Postal Service.
22. SEVERABILITY. The invalidity in whole or in part of any provision
of this Agreement shall not void or affect the validity of the other provisions
of this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement
to be executed the day and year first above written.
Company Name: Cassidy & Associates
M
Title
CITY OF EL SEGUNDO
Mayor
ATTEST:
Cindy Mortesen
City Clerk
APPR ED AS TO FORM:
Mark DI Hensley
City Attorney
('80
CASSIDY & AsSOCIATES
700 THIRTEENTH STREET, N.W., SUITE 400
WASHINGTON, D.C. 20005 -5917
Td. (202) 347 -0773
Fax. (202) 347 -0785
w ..c idycom
MEMORANDUM
September 8, 2004
TO: EL SEGUNDO CITY COUNCIL
FROM: CASSIDY & ASSOCIATES
RE: WORK IN PROGRESS
Executive Summary: This memo outlines key work underway in Washington DC on
behalf of the City. This includes efforts to secure EPA grants, highway bill funding and
to prevent LA AFB closure. The memo also summarizes recent accomplishments in
working issues of importance to the City, including LAX and mag lev funding.
Additionally, it summarizes key next steps in our work in Washington and requests
renewal of the existing government relations contract with Cassidy & Associates.
Overview: Cassidy & Associates' leaders have welcomed the opportunity to work with
the City and hope to continue doing so. Each year that we have represented the City we
have increased the number and value of earmarked grants flowing to the City and have
sought to consistently reap a substantial return on your investment. Equally important,
we have sought to get the City out front on such key quality of life issues as preventing
LAX expansion and protecting LA AFB from the BRAC process.
Transportation: Beginning with several earmarked grants in support of the
Douglas Street Gap Closure project, the City has successfully positioned for substantial
funding in the 2004 Highway Bill. While the measure has been hotly debated in the
House - Senate conference, at this writing the City stands to secure as much as $6,000,000
in grants funds for Aviation/Rosecrans and the Douglas Gap Closure completion.
Sewer: We have successfully argued that the unfunded state mandates warrant
federal support for Smoky Hollow and have received three grants totaling almost
$900,000. We look for similar success in the coming year.
LA AFB: The City has participated fully in launching and helping guide the
formidable Los Angeles Air Force Base Alliance. Cassidy & Associates has effectively
positioned the Alliance as one of the nationally recognized `best organized' players in the
BRAC process, making protection of LA AFB a top priority for Sacramento and
081
California's Congressional delegation, while effectively lobbying the Pentagon on behalf
of LA AFB retention.
On two other major issues, Cassidy & Associates has worked carefully to deploy
City resources in Washington when warranted or to avoid being drawn into battles where
the City had more to lose than gain.
On the LAX front, Cassidy & Associates has consistently worked with key House
and Senate Committees to oppose enactment of popular measures that would have
undermined local prerogatives to block airport expansion. We have stayed out of the
O'Hare fight while successfully opposing adoption of a measure that would have
specifically pre - empted local land use planning in a manner most harmful to El Segundo
quality of life.
On region -wide efforts to support funding for mag lev transit, we have worked
with the LA delegation and headed meetings to support funding for Anaheim- Ontario
right -of -way, but we have carefully avoided being drawn in as lead lobbyists for the
Primm -Las Vegas line, which we do not believe is of sufficient value to El Segundo
citizens to warrant our use of your political capital.
Conclusion: Cassidy & Associates is pleased to be part of the El Segundo staff team,
serving City officials and taxpayers. We have worked carefully to ensure that we add
value both on issue specific battles like LAX and LA AFB, where we can directly impact
quality of life, as well as on securing earmarked funds, where our value can be readily
quantified. The City's projected `return on investment' in quality government relations
services has ranged from 2:1 to as high as 20:1. Last year, we sought to share in sacrifice
by taking a ten percent cut in fees to help reduce City budget expenditures. We hope to
continue representing the City in Washington on key issues and propose a one -year
renewal at a straight -lined fee.
089
AGREEMENT
FOR PROFESSIONAL SERVICES
THIS AGREEMENT, made and entered into this list day of October, 2004,
between the CITY OF EL SEGUNDO, a municipal corporation, hereinafter
referred to as "City" and The MWW Group hereinafter referred to as "Consultant ".
This Agreement shall be in full force and effect through March 31, 2005, unless
extended by mutual agreement of City and Consultant. In consideration of the
mutual covenants and conditions set forth herein, the parties agree as follows:
1. SCOPE OF SERVICES. Consultant agrees to perform the services
set forth in Exhibit "A" "SCOPE OF SERVICES" and made a part hereof.
Consultant represents and warrants that it has the qualifications,
experience and facilities to properly perform said services in a thorough,
competent and professional manner and shall, at all times during the term
of this Agreement, have in full force and effect, all licenses required of it by
law, including, but not limited to, a valid El Segundo Business License.
Consultants shall begin its services under this Agreement on June 1,
2004. Consultant shall complete each of the services set forth in Exhibit A
to the City's satisfaction. If the City is not satisfied with any such services,
the Consultant shall work on such matter until the City approves of the
service. Further, Consultant shall complete the services set forth in
Exhibit A strictly according to the schedule provided therein.
Additionally, Consultant shall provide the services specified in Exhibit A in
compliance with the following conditions: All work performed by
Consultant shall be directed through the City Manager or designee; all
work requested of Consultant by the City shall be directed by the City
Manager or designee; consultant shall submit periodic reports of work
product and progress on stated goals outlined in Exhibit A to the City
Manager not less frequently than once each month.
2. STATUS OF CONSULTANT. Consultant is and shall at all times
remain as to the City a wholly independent contractor. The personnel
performing the services under this Agreement on behalf of Consultant
shall at all times be under Consultant's exclusive direction and control.
Neither City nor any of its officers, employees or agents shall have control
over the conduct of Consultant or any of Consultant's officers, employees
or agents, except as set forth in this Agreement. Consultant shall not at
any time or in any manner represent that it or any of its officers,
employees or agents are in any manner officers, employees or agents of
the City. Consultant shall not incur or have the power to incur any debt,
obligation or liability whatever against City, or bind City in any manner.
Consultant shall not disseminate any information or reports gathered or
created pursuant to this Agreement without the prior written approval of
U83
City except information or reports required by government agencies to
enable Consultant to perform its duties under this Agreement.
3. CONSULTANT'S KNOWLEDGE OF APPLICABLE LAWS.
Consultant shall keep itself informed of applicable local, state and federal
laws and regulations which may affect those employed by it or in any way
affect the performance of its services pursuant to this Agreement.
Consultant shall observe and comply with all such laws and regulations
affecting its employees. City and its officers and employees, shall not be
liable at law or in equity as a result of any failure of Consultant to comply
with this section. Without limiting the foregoing, Consultant shall not
expend any funds in violation of: California Constitution, Article 16, Section
6; Government Code, Section 81000 et. seq. ( "Political Reform Act "); or
any other federal or state law governing the expenditure of public funds.
Consultant shall be solely responsible for submittal of all documents,
forms and other information that may be required by all applicable
agencies as a result Contractor's performing the services specified in this
Agreement.
4. PERSONNEL. Consultant shall make every reasonable effort to
maintain the stability and continuity of Consultant's staff assigned to
perform the services hereunder and shall obtain the approval of the City
Manager of all proposed staff members performing services under this
Agreement prior to any such performance.
5. COMPENSATION AND METHOD OF PAYMENT. Compensation
to the Consultant shall be paid as a fixed monthly retainer not to exceed
eight thousand ($8,000) dollars per month. Payments shall be made in
approximately thirty (30) days after receipt of each invoice as to all non -
disputed fees. If the City disputes any of consultant's fees it shall give
written notice to Consultant in 30 days of receipt of an invoice of any
disputed fees set forth on the invoice.
6. EXPENSES. It is understood that consultant may incur expenses
during the performance of work specified in "Exhibit A" that are not
included in the retainer paid to Consultant by City (e.g., printing costs for
materials distributed by Consultant, postage for public meeting
announcements, meeting room fees, and other related expenses). Upon
approval of City Manger, Consultant may submit such expenses to City for
reimbursement. All requests for reimbursement must be accompanied by
valid original invoice or receipt from vendor providing service on behalf of
Consultant. No expense shall be reimbursed by City in the event
Consultant has not obtained prior approval from City Manager. In no
event shall such requests for reimbursement exceed one - thousand dollars
($1,000.00) per month.
084
7. ADDITIONAL SERVICES OF CONSULTANT. Consultant shall not
be compensated for any services rendered in connection with its
performance of this Agreement which are in addition to those set forth
herein or listed in Exhibit "A ", unless such additional services are
authorized in advance and in writing by the City Manager. Consultant
shall be compensated for any additional services in the amounts and in
the manner as agreed to by City Manager and Consultant at the time
City's written authorization is given to Consultant for the performance of
said services.
8. ASSIGNMENT. All services required hereunder shall be performed
by Consultant, its employees or personnel under direct contract with
Consultant. Consultant shall not assign to any subcontractor the
performance of this Agreement, nor any part thereof, nor any monies due
hereunder, without the prior written consent of City Manager.
9. FACILITIES AND RECORDS. City agrees to provide: suitably
equipped and furnished office space, public counter, telephone, and
use of copying equipment and necessary office supplies for
Consultant's on -site staff, if any. Consultant shall maintain complete
and accurate records with respect to sales, costs, expenses, receipts
and other such information required by City that relate to the
performance of services under this Agreement. Consultant shall
maintain adequate records of services provided in sufficient detail to
permit an evaluation of services. All such records shall be maintained
in accordance with generally accepted accounting principles and shall
be clearly identified and readily accessible. Consultant shall provide
free access to the representatives of City or its designees at
reasonable times to such books and records, shall give City the right to
examine and audit said books and records, shall permit City to make
transcripts therefrom as necessary, and shall allow inspection of all
work, data, documents, proceedings and activities related to this
Agreement. Such records, together with supporting documents, shall
be maintained for a period of three (3) years after receipt of final
payment.
10. TERMINATION OF AGREEMENT. This Agreement shall expire on
March 31, 2005. The City upon 30 days written notice written notice may
terminate with or without cause this Agreement. In the event of such
termination, Consultant shall be compensated for non- disputed fees under
the terms of this Agreement up to the date of termination.
11. COOPERATION BY CITY. All public information, data, reports,
records, and maps as are existing and available to City as public records,
and which are necessary for carrying out the work as outlined in the
Scope of Services, shall be furnished to Consultant in every reasonable
080
way to facilitate, without undue delay, the work to be performed under this
Agreement.
12. OWNERSHIP OF DOCUMENTS. Upon satisfactory completion
or in the event of termination, suspension or abandonment of, this
Agreement, all original maps, models, designs, drawings, photographs,
studies, surveys, reports, data, notes, computer files, files and other
documents prepared in the course of providing the services to be
performed pursuant to this Agreement shall, become the sole property of
City. With respect to computer files, Consultant shall make available to
the City, upon reasonable written request by the City, the necessary
computer software and hardware for purposes of accessing, compiling,
transferring and printing computer files.
13. RELEASE OF INFORMATION /CONFLICTS OF INTEREST.
A. All information gained by Consultant in performance of this
Agreement shall be considered confidential and shall not be released by
Consultant without City's prior written authorization excepting that
information which is a public record and subject to disclosure pursuant to
the California Public Records Act, Government Code. 6250, et sea.
Consultant, its officers, employees, agents or subcontractors, shall not
without written authorization from the City Manager or unless requested by
the City Attorney, voluntarily provide declarations, letters of support,
testimony at depositions, response to interrogatories or other information
concerning the work performed under this Agreement or relating to any
project or property located within the City. Response to a subpoena or
court order shall not be considered "voluntary" provided Consultant gives
City notice of such court order or subpoena.
If Consultant or any of its officers, employees, consultants or
subcontractors does voluntarily provide information in violation of this
Agreement, City has the right to reimbursement and indemnity from
Consultant for any damages caused by Consultant's conduct, including
the City's attorney's fees.
Consultant shall promptly notify City should Consultant, its officers,
employees, agents or subcontractors be served with any summons,
complaint, subpoena, notice of deposition, request for documents,
interrogatories, request for admissions or other discovery request, court
order or subpoena from any party regarding this Agreement and the work
performed thereunder or with respect to any project or property located
within the City. City retains the right, but has no obligation, to represent
Consultant and /or be present at any deposition, hearing or similar
proceeding. Consultant agrees to cooperate fully with City and to provide
City with the opportunity to review any response to discovery requests
provided by Consultant. However, City's right to review any such
response does not imply or mean the right by City to control, direct, or
rewrite said response.
0 8 G
(B) Consultant covenants that neither they nor any officer or principal of
their firm has any interest in, or shall they acquire any interest, directly or
indirectly which will conflict in any manner or degree with the performance
of their services hereunder. Specifically, in this connection, Consultant
shall not provide any services to any other person, organization, public
entity, or business that relates to airports in the Southern California region
without the express written consent of the City. Consultant further
covenants that in the performance of this Agreement, no person having
such interest shall be employed by them as an officer, employee, agent or
subcontractor with the express written consent of the City.
14. DEFAULT. In the event that Consultant is in default of any
provision of this Agreement, City shall have no obligation or duty to
continue compensating Consultant for any work performed after the date
of default and can terminate this Agreement immediately by written notice
to the Consultant.
15. INDEMNIFICATION. Consultant agrees to the following
A. Indemnification by Consultant. Consultant will save harmless
and indemnify, including, without limitation, City's defense costs (including
reasonable attorney's fees), from and against any and all suits, actions, or
claims, of any character whatever, brought for, or on account of, any
injuries or damages sustained by any person or property resulting or
arising from any negligent or wrongful act, error or omission by Consultant
or any of Consultant's officers, agents, employees, or representatives, in
the performance of this Agreement.
B. Indemnification by City. City will save harmless and indemnify,
including, without limitation Consultant's defense costs (including
reasonable attorney's fees), from and against any and all suits, actions, or
claims, of any character whatever, brought for, or on account of, any
injuries or damages sustained by any person or property resulting or
arising from any negligent or wrongful act, error or omission by City or any
of City's officers, agents employees, or representatives, in the
performance of this Agreement.
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 this Agreement, 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
08'7
Consultant pursuant to this Agreement, including, without limitation, to the
provisions concerning indemnification.
E. Consultant represents it is skilled in the professional calling
necessary to perform the services and duties agreed to hereunder by
Consultant, and City relies upon the skills and knowledge of Consultant.
Consultant shall perform such services and duties consistent with the
standards generally recognized as being employed by professionals
performing similar service in the State of California.
F. Consultant is an independent contractor and shall have no authority
to bind City nor to create or incur any obligation on behalf of or liability
against City, whether by contract or otherwise, unless such authority is
expressly conferred under this agreement or is otherwise expressly
conferred in writing by City.
CONSULTANT HAS READ THIS SECTION 14 IN ITS ENTIRETY
AND KNOWINGLY AND WILLINGLY ACCEPTS THE
OBLIGATIONS CONTAINED HEREIN.
16. INSURANCE.
A. Insurance Requirements. Consultant shall provide and
maintain insurance acceptable to the City Attorney in full force and effect
throughout the term of this Agreement, against claims for injuries to
persons or damages to property which may arise from or in connection
with the performance of the work hereunder by Consultant, its agents,
representatives or employees. Insurance is to be placed with insurers
with a current A.M. Best's rating of no less than A:VII. Consultant shall
provide the following scope and limits of insurance:
(a) Minimum Scope of Insurance. Coverage shall be at
least as broad as:
(i) Insurance Services Office form Commercial
General Liability coverage (Occurrence Form
CG 0001).
(ii) Insurance Services Office form number CA
0001 (Ed. 1/87) covering Automobile Liability,
including code 1 "any auto" and endorsement
CA 0025, or equivalent forms subject to the
written approval of the City.
(iii) Workers' Compensation insurance as required
by the Labor Code of State of California and
Employer's Liability insurance and covering all
persons providing services on behalf of the
Consultant and all risks to such persons under
this Agreement. (Not needed if Self- employed
with no employees.)
088
(iv) Errors and omissions liability insurance
appropriate to the Consultant's profession.
(b) Minimum Limits of Insurance. Consultant shall
maintain limits of insurance no less than:
(1) General Liability: $1,000,000 per occurrence for
bodily injury, personal injury and property damage. If
Commercial General Liability Insurance or other form
with a general aggregate limit is used, either the
general aggregate limit shall apply separately to the
activities related to this Agreement or the general
aggregate limit shall be twice the required occurrence
limit.
(ii) Automobile Liability: Including owned, non -
owned and hired vehicles for bodily injury and
property damage with (See cover letter (page
1) for actual dollar level Requirements):
At least $1,000,000 per occurrence.
$100,000 - $300,000 per occurrence.
As required by State Statutes. A copy
of your current policy must be submitted
naming yourself and or your company.
(iii) Workers' Compensation and Emplover's
Liabili : Workers' Compensation as required
by the Labor Code of the State of California
and Employers Liability limits of $1,000,000 per
accident.
(iv) Errors and Omissions or Malpractice or
Professional Liability: At least $1,000,000
per occurrence.
B. Other Provisions. Insurance policies required by this
Agreement shall contain the following provisions:
(a) All Policies. Each insurance policy required by this
paragraph 15 shall be endorsed and state the coverage shall
not be suspended, voided, canceled by the insurer or either
party to this Agreement, reduced in coverage or in limits
except after 30 days' prior written notice by Certified mail,
return receipt requested, has been given to the City.
(b) General Liability and Automobile Liability
Coverages.
089
(c)
(i) City, its officers, officials, and employees and
volunteers are to be covered as additional insureds as
respects: liability arising out of activities Consultant
performs, products and completed operations of
Consultant; premises owned, occupied or used by
Consultant, or automobiles owned, leased or hired or
borrowed by Consultant. The coverage shall contain
no special limitations on the scope of protection
afforded to City, its officers, officials, or employees.
(ii) Consultant's insurance coverage shall be
primary insurance as respect to City, its officers,
officials, employees and volunteers. Any insurance or
self insurance maintained by City, its officers, officials,
employees or volunteers shall apply in excess of, and
not contribute with, Consultant's insurance.
(iii) Consultant's insurance shall apply separately
to each insured against whom claim is made or suit is
brought, except with respect to the limits of the
insurer's liability.
(v) Any failure to comply with the reporting or other
provisions of the policies including breaches of
warranties shall not affect coverage provided to
the City, its officers, officials, employees or
volunteers.
Coverage. Unless the City Manager otherwise agrees in
writing, the insurer shall agree to waive all rights of
subrogation against City, its officers, officials, employees
and agents for losses arising from work performed by
Consultant for City.
B. Other Requirements. Consultant agrees to deposit with
City, at or before the effective date of this contract,
certificates of insurance necessary to satisfy City that the
insurance provisions of this contract have been complied
with. The City Attorney may require that Consultant furnish
City with copies of original endorsements effecting coverage
required by this Section. The certificates and endorsements
are to be signed by a person authorized by that insurer to
bind coverage on its behalf. City reserves the right to
inspect complete, certified copies of all required insurance
policies, at any time.
090
(a) Consultant shall furnish certificates and
endorsements from each subcontractor identical to those
Consultant provides.
(b) Any deductibles or self- insured retentions must be
declared to and approved by City. At the option of the City,
either the insurer shall reduce or eliminate such deductibles
or self- insured retentions as respects the City, its officers,
officials, employees and volunteers; or the Consultant shall
procure a bond guaranteeing payment of losses and related
investigations, claim administration, defense expenses and
claims.
(c) The procuring of such required policy or policies of
insurance shall not be construed to limit Consultant's liability
hereunder nor to fulfill the indemnification provisions and
requirements of this Agreement.
17. ENTIRE AGREEMENT. This Agreement is the complete, final,
entire and exclusive expression of the Agreement between the parties
hereto and supersedes any and all other agreements, either oral or in
writing, between the parties with respect to the subject matter herein.
Each party to this Agreement acknowledges that no representations by
any party which are not embodied herein and that no other agreement,
statement, or promise not contained in this Agreement shall be valid and
binding.
18. GOVERNING LAW. The City and Consultant understand and
agree that the laws of the State of California shall govern the rights,
obligations, duties and liabilities of the parties to this Agreement and also
govern the interpretation of this Agreement. Any litigation concerning this
Agreement shall take place in the Los Angeles County Superior Court.
19. ASSIGNMENT OR SUBSTITUTION. City has an interest in the
qualifications of and capability of the persons and entities who will fulfill
the duties and obligations imposed upon Consultant by this Agreement. In
recognition of that interest, neither any complete nor partial assignment of
this Agreement may be made by Consultant nor changed, substituted for,
deleted, or added to without the prior written consent of City. Any
attempted assignment or substitution shall be ineffective, null, and void,
and constitute a material breach of this Agreement entitling City to any
and all remedies at law or in equity, including summary termination of this
Agreement.
20. MODIFICATION OF AGREEMENT. The terms of this Agreement
can only be modified in writing approved by the City Council and the
Consultant. The parties agree that this requirement for written
modifications cannot be waived and any attempted waiver shall be void.
C91
21. AUTHORITY TO EXECUTE. The person or persons executing this
Agreement on behalf of Consultant warrants and represents that
he /she /they has /have the authority to execute this Agreement on behalf of
his /her /their corporation and warrants and represents that he /she /they
has /have the authority to bind Consultant to the performance of its
obligations hereunder.
22. NOTICES. Notices shall be given pursuant to this Agreement by
personal service on the party to be notified, or by written notice upon such
party deposited in the custody of the United States Postal Service
addressed as follows:
Cam:
Jeff Stewart
City of El Segundo
350 Main Street
El Segundo, California 90245 -3895
Telephone (310) 524 -2334
Facsimile (310) 322 -7137
Consultant:
David A. Herbst
The MWW Group
660 South Figueroa Street, Suite 1400
Los Angeles, CA 90017
Telephone (213) 486 -6560
Facsimile (213) 486 -6501
The notices shall be deemed to have been given as of the date of
personal service, or three (3) days after the date of deposit of the same in
the custody of the United States Postal Service.
23. SEVERABILITY. The invalidity in whole or in part of any provision
of this Agreement shall not void or affect the validity of the other provisions
of this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement
to be executed the day and year first above written.
Company Name: The MWW Group
M
Title
092
CITY OF EL SEGUNDO
Mayor
ATTEST: APPROVED AS
Cindy Mortesen Mark D.
City Clerk City AW
093
LOS ANGELES, CA 90017
TEL: 213.486.6560; FAX: 213.486.6501
www.mwwpr.com
MEMORANDUM
September 14, 2004
TO: El Segundo City Council
FM: David A. Herbst
Senior Vice President
RE: Continued Public Affairs Work On LAX Issues
Clearly, the debate on the future of Los Angeles International Airport is reaching a critical juncture.
Mayor Hahn's Alternative D and Councilman Miscikowski's Consensus Plan are nearing their first
votes before the LA City Council. Those votes will take place later this month and stretch into the late
fall. The next step becomes even more interesting when actions by other outside governmental bodies
may create the need for the LA City Council to actually re -vote on Alternative D.
Currently, on behalf of the City of El Segundo, MWW is engaged in critical negotiations with
representatives of the City of Los Angeles to secure an enforceable agreement to constrain the growth
of LAX as well as other points of importance to El Segundo.
There has been no more critical time than now in the LAX Altemative D approval process
We will continue to:
Build relationships with LAWA and City of LA officials critical to the future of LAX;
Manage negotiations with the Mayor, City Council and key city departments in LA;
Outreach at the appropriate time to coalition partners including organized labor as well as key
civic and elected leaders;
■ Engage the media in support of El Segundo's efforts.
While it is our goal, under your direction, to secure an enforceable agreement on the future of LAX that
both benefits El Segundo and the regional aviation plan, we are prepared to work to defeat Altemative
D should these agreements not be reached.
We continue to appreciate the opportunity to work with you and City staff on this very important effort.
Thank you.
b43A
AGREEMENT
FOR PROFESSIONAL SERVICES
THIS AGREEMENT, made and entered into this 15` day of October, 2004,
between the CITY OF EL SEGUNDO, a municipal corporation, hereinafter
referred to as "City" and Urban Dimensions hereinafter referred to as
"Consultant ". This Agreement shall be in full force and effect through March 31,
2005, unless extended by mutual agreement of City and Consultant. In
consideration of the mutual covenants and conditions set forth herein, the parties
agree as follows:
1. SCOPE OF SERVICES. Consultant agrees to perform the services
set forth in Exhibit "A" "SCOPE OF SERVICES" and made a part hereof.
Consultant represents and warrants that it has the qualifications,
experience and facilities to properly perform said services in a thorough,
competent and professional manner and shall, at all times during the term
of this Agreement, have in full force and effect, all licenses required of it by
law, including, but not limited to, a valid El Segundo Business License.
Consultants shall begin its services under this Agreement dated October
1, 2003 and amended May 1, 2004. Consultant shall perform each of the
services set forth in Exhibit A to the City's satisfaction. Further, Consultant
shall complete the services set forth in an amended Exhibit A, dated May
2004, strictly according to the schedule provided therein.
Additionally, Consultant shall provide the services specified in Exhibit A in
compliance with the following conditions: All work performed by
Consultant shall be directed through the City Manager or designee; all
work requested of Consultant by the City shall be directed by the City
Manager or designee; consultant shall submit periodic reports of work
product and progress on stated goals outlined in Exhibit A to the City
Manager not less frequently than once each month.
2. STATUS OF CONSULTANT. Consultant is and shall at all times
remain as to the City a wholly independent contractor. The personnel
performing the services under this Agreement on behalf of Consultant
shall at all times be under Consultant's exclusive direction and control.
Neither City nor any of its officers, employees or agents shall have control
over the conduct of Consultant or any of Consultant's officers, employees
or agents, except as set forth in this Agreement. Consultant shall not at
any time or in any manner represent that it or any of its officers,
employees or agents are in any manner officers, employees or agents of
the City. Consultant shall not incur or have the power to incur any debt,
obligation or liability whatever against City, or bind City in any manner.
Consultant shall not disseminate any information or reports gathered or
created pursuant to this Agreement without the prior written approval of
09
City except information or reports required by government agencies to
enable Consultant to perform its duties under this Agreement.
3. CONSULTANT'S KNOWLEDGE OF APPLICABLE LAWS.
Consultant shall keep itself informed of applicable local, state and federal
laws and regulations which may affect those employed by it or in any way
affect the performance of its services pursuant to this Agreement.
Consultant shall observe and comply with all such laws and regulations
affecting its employees. City and its officers and employees, shall not be
liable at law or in equity as a result of any failure of Consultant to comply
with this section. Without limiting the foregoing, Consultant shall not
expend any funds in violation of: California Constitution, Article 16, Section
6; Government Code, Section 81000 et. seq. ( "Political Reform Act "); or
any other federal or state law governing the expenditure of public funds.
Consultant shall be solely responsible for submittal of all documents,
forms and other information that may be required by all applicable
agencies as a result Contractor's performing the services specified in this
Agreement.
4. PERSONNEL. Consultant shall make every reasonable effort to
maintain the stability and continuity of Consultant's staff assigned to
perform the services hereunder and shall obtain the approval of the City
Manager of all proposed staff members performing services under this
Agreement prior to any such performance.
5. COMPENSATION AND METHOD OF PAYMENT. Compensation
to the Consultant shall be paid as a fixed monthly retainer not to exceed
eight thousand dollars ($8,000) per month. Payments shall be made in
approximately thirty (30) days after receipt of each invoice as to all non -
disputed fees. If the City disputes any of consultant's fees it shall give
written notice to Consultant in 30 days of receipt of an invoice of any
disputed fees set forth on the invoice.
6. EXPENSES — It is understood that Consultant may incur expenses
during the performance of work specified in "Exhibit A" that are not
included in the retainer paid to Consultant by City (e.g., printing costs for
materials distributed by Consultant, postage for public meeting
announcements, meeting room fees, and other related expenses). Upon
approval of City Manager, Consultant may submit such expenses to City
for reimbursement. All requests for reimbursement must be accompanied
by valid original invoice or receipt from vendor providing service on behalf
of Consultant. No expense shall be reimbursed by City in the event
Consultant has not obtained prior approval from City Manager. In no
event, shall such requests for reimbursement exceed one - thousand
dollars ($1,000.00) per month.
0 9;)
7. ADDITIONAL SERVICES OF CONSULTANT. Consultant shall not
be compensated for any services rendered in connection with its
performance of this Agreement which are in addition to those set forth
herein or listed in Exhibit "A ", unless such additional services are
authorized in advance and in writing by the City Manager. Consultant
shall be compensated for any additional services in the amounts and in
the manner as agreed to by City Manager and Consultant at the time
City's written authorization is given to Consultant for the performance of
said services.
7. ASSIGNMENT. All services required hereunder shall be performed
by Consultant, its employees or personnel under direct contract with
Consultant. Consultant shall not assign to any subcontractor the
performance of this Agreement, nor any part thereof, nor any monies due
hereunder, without the prior written consent of City Manager.
8. FACILITIES AND RECORDS. City agrees to provide: suitably
equipped and furnished office space, public counter, telephone, and use
of copying equipment and necessary office supplies for Consultant's on-
site staff, if any. Consultant shall maintain complete and accurate records
with respect to sales, costs, expenses, receipts and other such information
required by City that relate to the performance of services under this
Agreement. Consultant shall maintain adequate records of services
provided in sufficient detail to permit an evaluation of services. All such
records shall be maintained in accordance with generally accepted
accounting principles and shall be clearly identified and readily accessible.
Consultant shall provide free access to the representatives of City or its
designees at reasonable times to such books and records, shall give City
the right to examine and audit said books and records, shall permit City to
make transcripts therefrom as necessary, and shall allow inspection of all
work, data, documents, proceedings and activities related to this
Agreement. Such records, together with supporting documents, shall be
maintained for a period of three (3) years after receipt of final payment.
9. TERMINATION OF AGREEMENT. This Agreement shall expire on
March 31, 2005, unless extended by mutual agreement of City and
Consultant. The City upon 30 days written notice or 90 days by contractor
written notice may terminate with or without cause this Agreement. In the
event of such termination, Consultant shall be compensated for non -
disputed fees under the terms of this Agreement up to the date of
termination.
10. COOPERATION BY CITY. All public information, data, reports,
records, and maps as are existing and available to City as public records,
and which are necessary for carrying out the work as outlined in the
Scope of Services, shall be furnished to Consultant in every reasonable
0 9P)
way to facilitate, without undue delay, the work to be performed under this
Agreement.
11. OWNERSHIP OF DOCUMENTS. Upon satisfactory completion of,
or in the event of termination, suspension or abandonment of, this
Agreement, all original maps, models, designs, drawings, photographs,
studies, surveys, reports, data, notes, computer files, files and other
documents prepared in the course of providing the services to be
performed pursuant to this Agreement shall, become the sole property of
City. With respect to computer files, Consultant shall make available to
the City, upon reasonable written request by the City, the necessary
computer software and hardware for purposes of accessing, compiling,
transferring and printing computer files.
12. RELEASE OF INFORMATION /CONFLICTS OF INTEREST.
A. All confidential information gained by Consultant in
performance of this Agreement shall not be released by Consultant
without City's prior written authorization excepting that information which is
a public record and subject to disclosure pursuant to the California Public
Records Act, Government Code. 6250, at sea. Consultant, its officers,
employees, agents or subcontractors, shall not without written
authorization from the City Manager or unless requested by the City
Attorney, voluntarily provide declarations, letters of support, testimony at
depositions, response to interrogatories or other information concerning
the work performed under this Agreement or relating to any project or
property located within the City. Response to a subpoena or court order
shall not be considered "voluntary" provided Consultant gives City notice
of such court order or subpoena.
If Consultant or any of its officers, employees, consultants or
subcontractors does voluntarily provide information in violation of this
Agreement, City has the right to reimbursement and indemnity from
Consultant for any damages caused by Consultant's conduct, including
the City's attorney's fees.
Consultant shall promptly notify City should Consultant, its officers,
employees, agents or subcontractors be served with any summons,
complaint, subpoena, notice of deposition, request for documents,
interrogatories, request for admissions or other discovery request, court
order or subpoena from any party regarding this Agreement and the work
performed thereunder or with respect to any project or property located
within the City. City retains the right, but has no obligation, to represent
Consultant and /or be present at any deposition, hearing or similar
proceeding. Consultant agrees to cooperate fully with City and to provide
City with the opportunity to review any response to discovery requests
provided by Consultant. However, City's right to review any such
response does not imply or mean the right by City to control, direct, or
rewrite said response.
0 9 '7
A Consultant covenants that neither they nor any officer or principal
of their firm has any interest in, or shall they acquire any interest,
directly or indirectly which will conflict in any manner or degree with the
performance of their services hereunder. Specifically, in this
connection, Consultant shall not provide any services to any other
person, organization, public entity, or business that relates to airports
in the Southern California region without the express written consent of
the City. Consultant further covenants that in the performance of this
Agreement, no person having such interest shall be employed by them
as an officer, employee, agent or subcontractor with the express
written consent of the City.
13. DEFAULT. In the event that Consultant is in default of any
provision of this Agreement, City shall have no obligation or duty to
continue compensating Consultant for any work performed after the date
of default and can terminate this Agreement immediately by written notice
to the Consultant.
14. INDEMNIFICATION. Consultant agrees to the following:
A. Indemnification for Professional Services. Consultant will save
harmless and indemnify, including, without limitation, City's defense costs
(including reasonable attorney's fees), from and against any and all suits,
actions, or claims, of any character whatever, brought for, or on account
of, any injuries or damages sustained by any person or property resulting
or arising from any negligent or wrongful act, error or omission by
Consultant or any of Consultant's officers, agents, employees, or
representatives, in the performance of this Agreement.
B. 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.
C. For purposes of this section "City" includes City's officers, officials,
employees, agents, representatives, and certified volunteers.
D. It is expressly understood and agreed that the foregoing provisions
will survive termination of this Agreement.
0'9 8
E. The requirements as to the types and limits of insurance coverage
to be maintained by Consultant as required by this Agreement, 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.
F. Consultant represents it is skilled in the professional calling
necessary to perform the services and duties agreed to hereunder by
Consultant, and City relies upon the skills and knowledge of Consultant.
Consultant shall perform such services and duties consistent with the
standards generally recognized as being employed by professionals
performing similar service in the State of California.
G. Consultant is an independent contractor and shall have no authority
to bind City nor to create or incur any obligation on behalf of or liability
against City, whether by contract or otherwise, unless such authority is
expressly conferred under this agreement or is otherwise expressly
conferred in writing by City.
CONSULTANT HAS READ THIS SECTION 14 IN ITS ENTIRETY
AND KNOWINGLY AND WILLINGLY ACCEPTS THE
OBLIGATIONS CONTAINED HEREIN.
15. INSURANCE.
A. Insurance Requirements. Consultant shall provide and
maintain insurance acceptable to the City Attorney in full force and effect
throughout the term of this Agreement, against claims for injuries to
persons or damages to property which may arise from or in connection
with the performance of the work hereunder by Consultant, its agents,
representatives or employees. Insurance is to be placed with insurers
with a current A.M. Best's rating of no less than A:VII. Consultant shall
provide the following scope and limits of insurance:
(a) Minimum Scope of Insurance. Coverage shall be at
least as broad as:
(i) Insurance Services Office form Commercial
General Liability coverage (Occurrence Form
CG 0001).
(ii) Insurance Services Office form number CA
0001 (Ed. 1/87) covering Automobile Liability,
including code 1 "any auto" and endorsement
CA 0025, or equivalent forms subject to the
written approval of the City.
(iii) Workers' Compensation insurance as required
by the Labor Code of State of California and
Employer's Liability insurance and covering all
persons providing services on behalf of the
Consultant and all risks to such persons under
this Agreement. (Not needed if Self- employed
with no employees.)
(b) Minimum Limits of Insurance. Consultant shall
maintain limits of insurance no less than:
(1) General Liability: $1,000,000 per occurrence for
bodily injury, personal injury and property damage. If
Commercial General Liability Insurance or other form
with a general aggregate limit is used, either the
general aggregate limit shall apply separately to the
activities related to this Agreement or the general
aggregate limit shall be twice the required occurrence
limit.
Automobile Liability: Including owned, non -
owned and hired vehicles for bodily injury and
property damage with (See cover letter (page
1) for actual dollar level Requirements):
At least $1,000,000 per occurrence.
$100,000 - $300,000 per occurrence.
As required by State Statutes. A copy
of your current policy must be submitted
naming yourself and or your company.
(iii) Workers' Compensation and Employer's
Liability: Workers' Compensation as required
by the Labor Code of the State of California
and Employers Liability limits of $1,000,000 per
accident.
B. Other Provisions. Insurance policies required by this
Agreement shall contain the following provisions:
(a) All Policies. Each insurance policy required by this
paragraph 15 shall be endorsed and state the coverage shall
not be suspended, voided, canceled by the insurer or either
party to this Agreement, reduced in coverage or in limits
except after 30 days' prior written notice by Certified mail,
return receipt requested, has been given to the City.
(b) General Liability and Automobile Liability
Coverages.
(1) City, its officers, officials, and employees and
volunteers are to be covered as additional insureds as
respects: liability arising out of activities Consultant
I ;0
(c)
performs, products and completed operations of
Consultant; premises owned, occupied or used by
Consultant, or automobiles owned, leased or hired or
borrowed by Consultant. The coverage shall contain
no special limitations on the scope of protection
afforded to City, its officers, officials, or employees.
(ii) Consultant's insurance coverage shall be
primary insurance as respect to City, its officers,
officials, employees and volunteers. Any insurance or
self insurance maintained by City, its officers, officials,
employees or volunteers shall apply in excess of, and
not contribute with, Consultant's insurance.
(iii) Consultant's insurance shall apply separately
to each insured against whom claim is made or suit is
brought, except with respect to the limits of the
insurer's liability.
(iv) Any failure to comply with the reporting or other
provisions of the policies including breaches of
warranties shall not affect coverage provided to the
City, its officers, officials, employees or volunteers.
Coverage. Unless the City Manager otherwise agrees in
writing, the insurer shall agree to waive all rights of
subrogation against City, its officers, officials, employees
and agents for losses arising from work performed by
Consultant for City.
B. Other Requirements. Consultant agrees to deposit with
City, at or before the effective date of this contract,
certificates of insurance necessary to satisfy City that the
insurance provisions of this contract have been complied
with. The City Attorney may require that Consultant furnish
City with copies of original endorsements effecting coverage
required by this Section. The certificates and endorsements
are to be signed by a person authorized by that insurer to
bind coverage on its behalf. City reserves the right to
inspect complete, certified copies of all required insurance
policies, at any time.
(a) Any deductibles or self- insured retentions must be
declared to and approved by City. At the option of the City,
either the insurer shall reduce or eliminate such deductibles
or self- insured retentions as respects the City, its officers,
officials, employees and volunteers; or the Consultant shall
procure a bond guaranteeing payment of losses and related
101
investigations, claim administration, defense expenses and
claims.
(b) The procuring of such required policy or policies of
insurance shall not be construed to limit Consultant's liability
hereunder nor to fulfill the indemnification provisions and
requirements of this Agreement.
16. ENTIRE AGREEMENT. This Agreement is the complete, final,
entire and exclusive expression of the Agreement between the parties
hereto and supersedes any and all other agreements, either oral or in
writing, between the parties with respect to the subject matter herein.
Each party to this Agreement acknowledges that no representations by
any party which are not embodied herein and that no other agreement,
statement, or promise not contained in this Agreement shall be valid and
binding.
17. GOVERNING LAW. The City and Consultant understand and
agree that the laws of the State of California shall govern the rights,
obligations, duties and liabilities of the parties to this Agreement and also
govern the interpretation of this Agreement. Any litigation concerning this
Agreement shall take place in the Los Angeles County Superior Court.
18. ASSIGNMENT OR SUBSTITUTION. City has an interest in the
qualifications of and capability of the persons and entities who will fulfill
the duties and obligations imposed upon Consultant by this Agreement. In
recognition of that interest, neither any complete nor partial assignment of
this Agreement may be made by Consultant nor changed, substituted for,
deleted, or added to without the prior written consent of City. Any
attempted assignment or substitution shall be ineffective, null, and void,
and constitute a material breach of this Agreement entitling City to any
and all remedies at law or in equity, including summary termination of this
Agreement.
18. MODIFICATION OF AGREEMENT. The terms of this Agreement
can only be modified in writing approved by the City Council and the
Consultant. The parties agree that this requirement for written
modifications cannot be waived and any attempted waiver shall be void.
20. AUTHORITY TO EXECUTE. The person or persons executing this
Agreement on behalf of Consultant warrants and represents that
he /she /they has /have the authority to execute this Agreement on behalf of
his /her /their corporation and warrants and represents that he /she /they
has /have the authority to bind Consultant to the performance of its
obligations hereunder.
102
21. NOTICES. Notices shall be given pursuant to this Agreement by
personal service on the party to be notified, or by written notice upon such
party deposited in the custody of the United States Postal Service
addressed as follows:
CSC:
Jeff Stewart
City of El Segundo
350 Main Street
El Segundo, California 90245 -3895
Telephone (310) 524 -2334
Facsimile (310) 322 -7137
Consultant:
Denny Zane
Urban Dimensions
506 Santa Monica Boulevard, Suite 223
Santa Monica, CA 90401
Telephone (310) 899 -6767
Facsimile (310) 899 -6765
The notices shall be deemed to have been given as of the date of
personal service, or three (3) days after the date of deposit of the same in
the custody of the United States Postal Service.
22. SEVERABILITY. The invalidity in whole or in part of any provision
of this Agreement shall not void or affect the validity of the other provisions
of this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement
to be executed the day and year first above written.
Company Name: Urban Dimensions
A
Title
CITY OF EL SEGUNDO
Mayor
103
ATTEST:
Cindy Mortesen
City Clerk
APPRO D AS TO FORM
Mark . Hensley
City Attorney
104
El
URBAN DIMENSIONS
STRATEGIC .SERVICES, PUBLIC AFFAIRS & COMMUNICATIONS
506 Santa Monica Blvd., Ste 223, Santa Monica, CA 90401 310- 899- 6767PHONE 310- 899 -6765 FAX
Work Plan
for the City of El Segundo
Effective October 2004 through March 2005
Primary Objectives:
• Maintain regional coalition supporting a 78 MAP capacity limit at LAX and implementation of a
regional airport plan.
• Work to maintain SCAG commitment to LAX at 78 map and regional airport system
• Collaborate with El Segundo's consulting team to develop and secure legally enforceable constraints
on LAX capacity
• Develop strategy to effectively counter the LAX Master Plan if adopted without legally enforceable
capacity constraints.
• Assure SCAG 2004 RTP implementation work to support regional airport plan and facilitate
development of appropriate regional airports, particularly, Inland Empire airports.
• Work to build consensus among regional allies regarding the appropriate course of regional aviation
development.
• Identify legislative opportunities to advance aviation objectives and resist legislative efforts that
compromise these objectives.
• Maintain presence in press and media of our regional approach and objectives.
1. Regional Airport Plan: Advance strategies to facilitate the implementation of a regional airport
plan in Southern California through promoting and integrating Inland Empire airports into Los
Angeles' air cargo industry, government and media awareness. Participate at SCAG to ensure
improvement projects that facilitate the appropriate distribution of passengers and cargo to
Inland Empire airports per the 2004 Regional Transportation Plan.
Develop strategies to advance the awareness of the potential for Inland Empire airports by
the members of the Los Angeles City Council.
Develop strategies to advance the visibility of Inland Empire airports in the Southern
California media market.
Develop workable incentives and other strategies that will stimulate the air cargo industry to
move or add operations to the Inland Empire
2. Issue Research and Development: Provide the substantive underpinning to our strategies by
conducting research into issues and developing alternative policy choices to advance.
3. LAX Master Plan Alternative D /Consensus Plan: Work to ensure that any LAX Master Plan
adopted by the LA City Council contains legally enforceable constraints that limit LAX to the
capacity of its existing facilities, which is estimated at 78 MAP. Develop strategy to effectively
counter the LAX Master Plan if adopted without legally enforceable capacity constraints.
10-
WORK PLAN FOR THE CITY OF EL SEGUNDO
EFFECTIVE OCTOBER 2004 THROUGH MARCH 2005
Monitor and assess developments in Alt. D and alternative plans; develop response to
plan elements and alternative approaches to advance as needed; manage press inquiries
and develop appropriate responses
• Maintain consultation with local and regional allies and constituencies.
• Collaborate with El Segundo's consulting team to implement appropriate strategies to
ensure LAX capacity limits.
4. SCAG: Participate in monthly meetings of the Aviation Task Force. Prepare strategies and
responses to aviation issues to ensure that a constrained LAX and the regional airport plan are
preserved in the 2004 Regional Transportation Plan. Prepare and advance strategies to facilitate
development of regional airports, particularly, Inland Empire airports.
Monitor SCAG Transportation & Communications Committee, and Regional Council
agenda/meetings; report concerns and recommendations to the City; Intercede on issues
that impact regional airport plan
• Maintain relationships with TCC/RC members
• Advance Maglev/High -speed rail strategies that facilitate the regional airport plan;
5. Regional Coalition Development: Maintain relationship with regional coalition participants to
maintain common directions; mobilize participation as needed at SCAG, on state and federal
issues, etc;
• Maintain liaison with coalition partners on the LAX Master Plan and provide counsel and
advice to El Segundo about handling any differences in approach that may arise between El
Segundo and its coalition partners on Master Plan issues.
6. Aviation Issues Committee Staff: Act as staff for Mayor Kelly McDowell, Chair of the South
Bay Cities Council of Governments Aviation Issues Committee. Schedule and coordinate
speakers and presentations, prepare agendas, staff meetings and draft meeting minutes.
7. Federal and State issues: Monitor developments on state and federal level that affect
LAX/regional airport planning; consult with El Segundo's lobbyists; prepare responses as
determined and directed; mobilize regional and local coalition on state and federal issues;
8. Press and Media Outreach: Continue to shape the debate on LAX expansion, regional airport
plan. Work to maintain interest of regional press and media in LAX issue and El Segundo and
regional coalition leadership; prepare op -eds for publication in local media; coordinate
interviews /appearances as needed.
9. Collaborate with El Segundo Consulting Team: Continue collaboration with El Segundo's
Consulting Team on key LAX issues as needed.
z 106
EL SEGUNDO CITY COUNCIL
AGENDA ITEM STATEMENT
MEETING DATE: September 21, 2004
AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action regarding the approval of issuance of blanket purchase
orders for FY 04105 in excess of $10,000 for individual contract instructor agreements,
insurance coverage for contract instructors /participants and contract extension for Studio
RECOMMENDED COUNCIL ACTION:
1. Authorize City Managerto execute standard individual Contract Instructor Agreements.
2. Authorize issuance of blanket purchase order to Southern California Municipal
Athletic Federation (SCMAF) for FY 2004 -2005 for providing insurance coverage to
contract instructors and participants
3. Authorize City Manager to execute extension options in the Studio Printing
agreement.
4. Alternately discuss and take other action related to this item.
BACKGROUND & DISCUSSION:
Effective FY 2003 -2004 contract instructor agreements were standardized with a 70 % / 30 %
ratio determined by the actual enrollment fees received. 70% is allocated for the instructor
payment with a portion of the 30% balance going to the city to purchase insurance coverage
through Southern California Municipal Athletic Federation (SCMAF) for all contract instructors
and participants. Since the premiums are based upon class rosters, staff is requesting a
blanket purchase order not to exceed $15,000 for SCMAF.
(Please see attached page marked 'Background and Discussion ")
ATTACHED SUPPORTING DOCUMENTS:
None
FISCAL IMPACT:
Operating Budget: $285,400
Amount Requested: $285,400
Account Number: 108 -400- 5209 -6206 = $241,6001001- 400 - 5201 -6205 = $43,800
Project Phase:
Appropriation Required: _Yes X No
ORIGINATED: DATE:
St&ja'MG a ni, Director Recreation and arks
REVIEWED BY: � DATE:
oy
Mary Stren . itv Manaaer
12
�a�
Background and Discussion (con't):
The individuals and company listed have and will continue to provide year -round program
instruction and printing services to various sections within the Recreation Division, allowing
the city to offer more of a variety of class opportunities to the members of the community.
RECREATION DIVISION CONTRACTORS OVER $10,000
(Individual Class Contract Instructor payments will reflect 70% of actual amounts paid by
enrolled class participants).
Michael Beahm
Wanda Borgerding
Madeline Burke
Victoria Elia
Robin Ford
Diane Graner - Gallas
HealthSouth Training Ctr
Amy Lane
Marcus Lubba
Aleta Pottenger
Kristie Rutledge
Jamie Sanchez
Kimberly Shultz
Studio Printing
SCMAF
Theater Arts
Youth Musical Fun for Tots
Drama, Misc. Youth Classes
Adult Yoga
Misc. Youth Classes
Master's Swim Team
Youth /Adult Ice Hockey & Skating
Youth /Adult Tennis
Youth Swim Team, Jr. Guards
Youth Dance, Scrapbooking, Babysitting
Theater Arts
Youth /Adult Tennis
Youth Swim Team, Master's Swim Team
Quarterly Brochures /Inside El Segundo
Insurance Coverage
108
EL SEGUNDO CITY COUNCIL MEETING DATE: September 21, 2004
AGENDA ITEM STATEMENT AGENDA HEADING: Consent
AGENDA DESCRIPTION:
Consideration and possible action regarding approval of annual professional services
agreements and issuance of blanket purchase orders for FY04 -05 in excess of $10,000
for the Police Department.
RECOMMENDED COUNCIL ACTION:
1. Authorize the City Manager to execute a one -year contract for professional services
for copier /printer services with Oce Copy Machine not to exceed $14,004.
2. Authorize the City Manager to execute a one year contract for Computer Aided
Dispatching /Records Management System, Mobile Data Computer maintenance
and operations with the West Covina Services Group, not to exceed $70,000.
3. Authorize the City Manager to extend the existing standard Professional Services
Agreement to help fund the Reach Out Against Drugs (R.O.A.D.) program, not to
exceed $10,000.
4. Authorize the City Manager to execute a one year contact with Motorola for two way
radio repair and maintenance of the Communication Center's radio assets and
infrastructure, not to exceed $75,000.
5. Authorize the City Manager to execute a one year contract for maintenance for the
systems used by the Communications Center to record all telephone and public
safety radio transmission with Dictaphone, not to exceed $11,000.
6. Authorize the City Manager to execute a one year contact for animal sheltering
services with the Society for the Prevention of Cruelty to Animals Los Angeles, not
to exceed $27,000.
7. Alternatively discuss and take other action related to these items.
BACKGROUND & DISCUSSION:
See continuation page
ATTACHED SUPPORTING DOCUMENTS:
None
FISCAL IMPACT:
Operating Budget: $207,004
Amount Requested: $207,004
Account Number: 001 - 400 - 3101 - 6203 - $14,004 001 -400- 3101 - 6278$24,500
001 - 400 - 3105 - 6401 - $10,000 001 -400- 3107- 6206 - $86,000
001 -400- 3107 - 6278$45,500 001 - 400 - 3108 - 6206 - $27,000
Project Phase: NA
Appropriation Required: _Yes X No
l o ,-;
13
BACKGROUND & DISCUSSION:
West Covina Service Group
3101 - 6278 ($24,500)
3107 -6278 ($45,500)
On February 3, 1998, the City Council approved the design, construction and operation of
the El Segundo Public Safety Communications Center. As part of the overall project,
funding was approved and earmarked for Computer Aided Dispatching /Records
Management (CAD /RMS) and a Mobile Data Computer (MDC) system, as well as providing
software upgrades and on -going maintenance of the systems by the West Covina Service
Group.
The Police Department budget includes $70,000 annually in order to operate and maintain
its CAD /RMS and MDC system. This amount includes a 24 hours - per -day, seven- days -per-
week internal and external interface with state and federal databases for access to criminal
records, motor vehicle and drivers' license information. The internal interface allows
dispatch and records personnel access to this information; the external interface allows
field officers wireless access via their mobile data computer. Additionally, the West Covina
Service Group provides the hardware and software necessary to operate the systems, as
well as maintenance and networking monitoring.
Dictaphone
3107 -6206 ($11,000)
Dictaphone Corporation provides a maintenance contract for the systems used by the
Police Department to record all telephone calls and public safety radio transmissions to
and from the communications center.
This contract includes two components. The first is an Assured Performance Plan and the
second is a Software Maintenance Agreement. The Assured Performance Plan provides
the Police Department technical support and repair of the recording systems. Additionally,
it provides onsite and remote service support and repair coverage for all hardware and
software, as well as problem avoidance software for remote background monitoring and
self- diagnostics of the system's hardware platforms against potential faults and failures.
The Software Maintenance Agreement ensures that the recording system is always
providing the highest level of performance and functionality by keeping software current
and regularly enhanced to the latest software version through automatic upgrades.
Motorola
3107 -6206 ($75,000)
The Police and Fire Departments utilize Motorola equipment for mobile two -way radio
communications. Additionally, all related radio system equipment and infrastructure for the
El Segundo Public Safety Communications Center is manufactured by Motorola. None of
the previously described equipment is any longer under warranty.
The City does not employ a radio service technician; therefore, it must contract for such
services. The City has utilized the services of Motorola to provide for maintenance of its
radio assets and infrastructure. This contract contains the following components: On -site
Infrastructure Response; Technical Support Service; Infrastructure Repair; Radio Repairs;
and, Local Radio Support. Included within these components are the availability of on -site
technical service support 24 hours - per -day, seven - days - per -week. Motorola technical
services provide support for issues that require a high level of communications systems
expertise and troubleshooting by technologists who specialize in diagnosis and resolution
of system performance issues. Additionally, the contract provides for on -site asset and
infrastructure repair of all applicable equipment.
Oce Copy Machine
3101 - 6203($14,004)
In June 2004, Council approved a 60 -month piggyback lease on a County of Los Angeles
Contract for an Oce Printing Systems copier /printer for the Police Department's Records
Division. The yearly lease amount was $14,000. The lease amount includes maintenance
services on the machine for the repairs and /or replacement of parts, subassemblies, and
embedded software to keep the machine in good working order. Additionally, the contract
provides for up to 360,000 impressions annually; all supplies, including staples and toner
cartridges; network printer connectivity; and, training and systems integration.
Reach Out Against Drugs (R.O.A.D.)
3105 -6401 ($10,000)
This asset forfeiture account helps fund the R.O.A.D. community program. The group is
comprised of parents, teachers and concerned residents whose primary goals and
objectives are to promote drug awareness and education utilizing the city school structure
and as conduit for the programs and activities they sponsor.
The intended usage of these funds will be to pay tuition for attendance at peer counseling
conferences, books, supplies, "Challenge Day" program activities and support group
counseling within the Parenting Program.
Society for the Prevention of Cruelty to Animals Los Angeles ( SPCALA)
3108 -6206 ($27,000)
The SPCALA provides animal sheltering services for the Department's Animal Control
program. The SPCALA is utilized to shelter dogs, cats, wild animals, etc that are capture,
found or given to the Animal Control program. The City has contracted with the SPCALA
for sheltering services since the Police Department took over all animal control functions.
I I -L
EL SEGUNDO CITY COUNCIL
MEETING DATE: September 21, 2004
AGENDA ITEM STATEMENT
AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action regarding the bi- annual adoption of a Conflict of Interest
Code required by The Political Reform Act (Government Code Section 81000 et. seq.)
rescinding Resolution No. 4324 and adopting a new resolution approving a new Conflict of
Interest Code.
RECOMMENDED COUNCIL ACTION:
1) Adopt Resolution;
2) Alternatively, discuss and take other action related to this item.
BACKGROUND & DISCUSSION:
The California Government Code requires that no later than July of each even numbered
year, the City Council shall direct the City Clerk to review and recommend changes to the
Conflict of Interest Code to be adopted no later than October 1, 2004. Since the most
recent update of the Code last year, the City Clerk has reviewed the current Code and is
recommending the following changes resulting from the addition or deletion of designated
positions pursuant to Government Code 87302:
The addition of Program Coordinator, Residential Sound Insulation Program, position filled
in 2002; addition of Human Resources Manager, not added due to clerical error during
Administrative Services Department reorganization in 2001; and Parks Superintendent,
position filled in 2003.
As the Council is still considering reorganization of City Departments and potential
reclassifications and elimination of positions which will necessitate future council action to
implement, and given such actions will not be effective by October 1, 2004, it is
recommended that Council adopt the attached resolution and staff will return to Council
with a revised Conflict of Interest Code when such actions are in effect.
ATTACHED SUPPORTING DOCUMENTS:
Draft Resolution
FISCAL IMPACT: NONE
ORIGINATED BY: DATE:
Cindy Mortesen, City Clerk
REVIEWED B DATE:
Mary S nn, City Manager 14
RESOLUTION NO
A RESOLUTION ADOPTING THE 2004 CONFLICT OF INTEREST
CODE FOR THE CITY OF EL SEGUNDO IN ACCORD WITH THE
POLITICAL REFORM ACT.
The City Council of the city of El Segundo does resolve as follows:
SECTION 1: The City Council finds and declares as follows:
A. The Political Reform Act ("PRA"; Gov't. Code § § 81000, et seq.) and regulations
adopted pursuant to the PRA ( "FPPC Regs."; 2 Cal. Code of Regs. § § 18700, et seq.)
requires local government to adopt conflict of interest codes.
B. Section 18730 of the FPPC Regs. sets forth a standard conflict of interest code that
may be adopted by local agencies.
C. On or about June 2004 City Clerk's Office, at the City Council's direction, conducted
a review of the City's conflict of interest code in accord with Government Code §
87306.5 and recommends changes to the code.
D. The City Clerk has incorporated those recommendations into this Resolution.
E. To fulfill its obligations under the PRA and FPPC Regs., the City Council will adopt
the conflict of interest code as set forth below.
SECTION 2: Pursuant to FPPC Regs. § 18730, the City of El Segundo adopts a Conflict of
Interest Code to read as follows:
"CONFLICT OF INTEREST CODE FOR THE CITY OF EL SEGUNDO
A. Incorporation of Standard Code.
Under the terms of the Political Reform Act (Gov't Code §§ 81000 et seq.) and
regulations promulgated by the Fair Political Practices Commission (2 Cal. Code of Regs.
§§ 18700, et seq.), the City is required to adopt a conflict of interest code. The City of El
Segundo incorporates by reference 2 Cal. Code of Regs. § 18730, and its amendments,
into this Conflict of Interest Code including, without limitation, the designation of
officials and employees and the disclosure categories set forth below (collectively, "the
Conflict of Interest Code ").
B. Filing of Statements
Designated officials, officers and employees must file Statements of Economic Interest
(Form 700) with the City Clerk or Deputy City Clerk. After receiving Statements of
Economic Interests from City Council members, the City Treasurer, Planning
Page 1 of 6 11
Commission members, City Attorney, and City Manager, the City Clerk or Deputy City
Clerk, must forward the original to the Fair Political Practices Commission and retain a
copy for the City's files.
Under Government Code § 82011(c), the City Council is the code reviewing body with
respect to the Conflict of Interest Code.
C. Review Procedure
Under Government Code § 87306.5, not later than July 1 of each even numbered year,
the City Council must direct the City Clerk, or Deputy City Clerk, to review the Conflict
of Interest Code. The City Clerk or Deputy City Clerk must submit an amended Conflict
of Interest Code to the City Council if a change in the Conflict of Interest Code is
necessitated by changed circumstance. If changes are not required, the City Clerk or
Deputy City Clerk must submit a written statement to that effect to the City Council not
later than October 1 of the same year.
D. Designated Positions
The following positions entail the making or participation in the making of decisions that
may have a foreseeable material effect on the officials or officer's financial interests.
COUNCIL, COMMISSIONS, COMMITTEES, & BOARDS
Members of the City Council
Members of the Planning Commission
Members of the Recreation & Parks Commission
Members of the Senior Housing Board
Members of the Library Board of Trustees
Members of the Investment Advisory Committee
Members of the Capital Improvement Program Advisory
Members of the Economic Development Advisory Council
Members of the Community Cable Advisory Committee
Members of the LAX Master Plan Advisory Commission
Members of the Aviation Safety and Noise Abatement Committee
OFFICE OF THE CITY MANAGER:
City Manager
Assistant City Manager
Program Coordinator (Residential Sound Insulation Program) ADDED
OFFICE OF THE CITY ATTORNEY:
City Attorney
Assistant City Attorney
Page 2 of 6 11 4
OFFICE OF THE CITY CLERK:
City Clerk
Deputy City Clerk
OFFICE OF THE CITY TREASURER:
City Treasurer
Deputy City Treasurer
COMMUNITY, ECONOMIC & DEVELOPMENT SERVICES:
Director of Community, Economic & Development Services
Planning Manager
Building Manager
Economic Development Manager
Senior Planner
Associate Planner
Assistant Planner (s)
Planning Technician
Senior Plans Examiner
Senior Building Inspector
Building hispector(s)
PUBLIC WORKS DEPARTMENT
Director of Public Works
City Engineer
General Services Manager
Utilities Manager
Water Supervisor
Wastewater Supervisor
ADMINISTRATIVE SERVICES DEPARTMENT:
Director of Administrative Services
Assistant Director of Finance
Accounting Manager
Risk Manager/Purchasing Agent
Business Services Manager
Information Systems Manager
Human Resources Manager ADDED
Page 3 of 6 115
Director of Library and Cable Services
Senior Librarian (s)
POLICE DEPARTMENT
Police Chief
Police Captain(s)
FIRE DEPARTMENT
Fire Chief
Battalion Chief(s)
RECREATION AND PARKS DEPARTMENT
Director of Recreation and Parks
Recreation Superintendent
Parks Superintendent ADDED
* Listed in the code for information purposes only. These positions file under
Government Code Section 87200 with the Fair Political Practices Commission.
CONSULTANTS:
All consultants except those included by the City Manager in accordance with the
following procedure:
The City Manager may determine in writing that a particular consultant,
although a "designated position," is hired to perform a range of duties that
requires the consultant to fully comply with the disclosure requirements
described in this section. Such written determination must include a
description of the consultant's duties and, based upon that description, a
statement of the extent of disclosure requirements. The City Manager
determination is a public record and must be retained for public inspection
in the same manner and location as this conflict of interest code.
E. Disclosure Requirements
Designated employees must disclose all interests as required by the Political Reform Act
and regulations promulgated thereto. When a new position classification is created by the
Administrative Services Department for City Council approval, the Administrative
Services Department will recommend that the City Council decide whether the new
position will be required to file a Statement of Economic Interest and be included as a
designated position in the Conflict of Interest Code.
Page 4 of 6 116
When the City Council establishes a Commission, Committee, or Board, the City Council
will decide whether the members of the Commission, Committee or Boards be included
as a designated position in the Conflict of Interest Code and the members of the
Commission, Committee or Board so designated by the City Council, will be required to
file a Statement of Economic hiterest."
SECTION 3: Resolution No. 4324 (adopted September 2, 2003) and any other resolution or
policy purporting to establish a conflict of interest code, are superseded by this Resolution and
thus repealed in their entirety.
SECTION 4: Repeal of any provision of any resolution or policy herein will not affect any
penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of
penalties for any violation occurring before, this Resolution's effective date. Any such repealed
part will remain in full force and effect for sustaining action or prosecuting violations occurring
before the effective date of this Resolution.
SECTION 5: The City Clerk will certify to the passage and adoption of this Resolution and
enter it into the book of original resolutions.
SECTION 6: This Resolution will become effective immediately upon adoption.
PASSED AND ADOPTED this 21st day of September, 2004.
ATTEST:
Kelly McDowell, Mayor
Cindy Mortesen, City Clerk
APPROVED
Mark D. Hen
10
Berger, Assist City Attorney
Page 5 of 6
11'7
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO )
I, Cindy Mortesen, City Clerk of the City of El Segundo, California, DO HEREBY CERTIFY
that the whole number of members of the City Council of the said City is five; that the foregoing
resolution, being RESOLUTION NO. was duly passed and adopted by the said City
Council, approved and signed by the Mayor of said City, and attested by the City Clerk of said
City, all at a regular meeting of the said Council held on the 21st day of September, 2004, and the
same was so passed and adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTENTION:
NOT PARTICIPATING:
WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this 215` day of September 2004.
Cindy Mortesen, City Clerk
Of the City of El Segundo,
California
(SEAL)
Page 6 of 6 118
EL SEGUNDO CITY COUNCIL MEETING DATE: September 21, 2004
AGENDA ITEM STATEMENT AGENDA HEADING: Consent Calendar
AGENDA DESCRIPTION:
Consideration and possible action regarding Contract Amendment No. 1 to a contract (No.
3184) with Tina Gall and Associates for Community Development Block Grant (CDBG)
management services for fiscal year 2003/2004 to include an expanded scope of services for
the negotiation and sale of Community Development Block Grant (CDBG) funds. The amount
of the contract is $19,600 (an increase of $4,510).
RECOMMENDED COUNCIL ACTION:
1. Authorize City Manager to execute Contract Amendment No. 1 in a form to be
approved by the City Attorney with Tina Gall and Associates for an expanded scope of
services in an amount not to exceed $19,600; and /or,
2. Alternatively discuss and take other action related to this item.
BACKGROUND & DISCUSSION
On December 16, 2003, the City Council unanimously approved the one -time only exchange
of unallocated 2003 -2004 Community Development Block Grant Funds totaling $97,095 with
another CDBG participating city within the Los Angeles Urban County CDBG program. These
funds consisted of accumulated CDBG monies that were carried over after the close of the
2002 -2003 CDBG Program Year, and CDBG funds returned to the City as program income
from the close of the CDBG Minor Home Repair project's deferred loans. The City Council
(Continued on Next Page)
ATTACHED SUPPORTING DOCUMENTS:
1. Contract Amendment No. 1 with Tina Gall and Associates in the amount of $19,600
($4,510 increase).
FISCAL IMPACT:
Operating Budget: CDBG /General Fund /CDBG Unallocated
Amount Requested: $4,510
Account Number: 001 - 111 - 2779 -6206
Project Phase: N/A
Appropriation Required: X Yes No
Jam. Hansen, Director of Community, Economic and Development Services
DATE:
%y /y
Mary Strenn, City Manager
1:11) 15
STAFF REPORT: September 21, 2004 Page 2
authorized the sale of these funds because the County of Los Angeles Community
Development Commission, under authority from the HUD, could have recaptured these funds
from the City of El Segundo if they had not been spent by March 31, 2004. The funds were
sold to the City of San Fernando for a total of $75,734.10 based upon an exchange rate of
$0.78 on the dollar. The rate of $0.78/100 was the result of competitive bidding by the cities of
San Fernando and West Hollywood for the exchange of the CDBG funds.
A substantial amount of time and effort was required to conduct the negotiations, complete the
sale of the funds, and process the documentation as required by the Los Angeles County
Community Development Commission. As a result, the City's CDBG consultant Tina Gall
exceeded her contract's scope of services for fiscal year 03/04. Although it was understood by
the Council that there would be increased administrative costs to complete the CDBG sale
transaction, a request to increase the contract was not provided at the time the Council
considered the sale of the funds because the total expenses were not known until the process
had concluded. It was anticipated that the administrative costs would be paid for out of the
sale of the CDBG funds. Therefore, staff recommends increasing the existing CDBG
Administration contract amount of $15,900 by $4,510 for a total of $19,600 for fiscal year
03/04 to cover the management expenses for the sale and negotiation of the funds.
PAPlanning & Building Safety\CDBG\ CONTRACT\ ADMIN \CDBGAdmin03- 04CCStaffReport.doe
iti()
! /,/
FIRST AMENDMENT TO
AGREEMENT NO. 3184 BETWEEN
THE CITY OF EL SEGUNDO AND
TINA GALL AND ASSOCIATES
THIS FIRST AMENDMENT ( "Amendment ") is made and entered into this day of
September 2004, by and between the CITY OF EL SEGUNDO, a general law city and municipal
corporation existing under the laws of California ( "CITY "), and TINA GALL AND
ASSOCIATES, hereinafter referred to as "Consultant" ( "CONSULTANT ").
1. Pursuant to Agreement No. 3184 ( "Agreement"), the following Section is amended to read
as follows:
"6. PAYMENTS. Upon compliance with specified performance requirements,
CITY shall pay CONSULTANT an amount not to exceed $19,600 for the Fiscal
Year 2003 -2004, which shall constitute full and complete satisfaction of the
obligations under this Agreement. Annual compensation is based upon an allocation
of both CDBG funds and City funds. Compensation paid in future years shall be
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, shall be conditioned upon receipt of CDBG funds by
CITY from COUNTY. Such funds, if any, shall 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. Payments shall be made by
CITY to CONSULTANT in installments pursuant to the following: After services
have been rendered by CONSULTANT, a detailed invoice on forms mutually
acceptable to both parties shall 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."
2. Except as modified by this Amendment, all other terms and conditions of Agreement No.
3184 remain the same.
CITY OF EL SEGUNDO,
a general law city.
Mary Strenn,
City Manager
TINA GALL AND ASSOCIATES
Tina Gall
Principal
Page 1 of 2
121
ATTEST:
Cindy Mortesen,
City Clerk
APPROVED AS TO FORM:
Mark D. Hensley, At rney
By:
Karl H. Berger,
Assistant City ttorney
Page 2 of 2
EL SEGUNDO CITY COUNCIL MEETING DATE: September 21, 2004
AGENDA ITEM STATEMENT AGENDA HEADING: Consent Calendar
AGENDA DESCRIPTION:
Consideration and possible action regarding the acceptance of a grant award from the U.S.
Department of Homeland Security (DHS), USFA/Federal Emergency Management Agency
(FEMA) under the 2004 Assistance to Firefighters Grant Program. Fiscal Impact: $145,200
COUNCIL ACTION:
1) Authorize the acceptance of a DHS /FEMA/USFA grant award (# EMW- 2004 -FG- 14381) for
$145,200; 2) Authorize the Fire Department to appropriate $130,680 from FEMA/DHS through
electronic fund transfer (90% federal cost share); 3) Encumber $14,520 (local share 10 %)
from the Equipment Replacement account for Fire Department Self- Contained Breathing
Apparatus (SCBA); 4) Alternatively, discuss and take other action related to this item.
BACKGROUND & DISCUSSION:
On March 16, 2004, the City Council approved submission of a grant proposal to the United
States Fire Administration (USFA) and FEMA/DHS. On April 2, 2004, an electronic grant
proposal was submitted for equipment essential to firefighting operations, and response to
weapons of mass destruction. On September 7, 2004, FEMA notified the City of El Segundo
that its grant proposal was accepted with modifications for a total of $145,200.
The grant is provided on a "90/10" cost formula; the federal government provides 90% and
local government (under 50,000 population) provides a 10% cost share. The Fire
Department's local cost share in this grant proposal is $14,520, which will be covered through
Continued next page
ATTACHED SUPPORTING DOCUMENTS:
None
FISCAL IMPACT:
Operating Budget: $130,680 (FEMA grant award)
$ 52,600 (Equipment Replacement)
Amount Requested: $145,200
Account Number: 001 - 300 - 0000 -3735 $130,700 (Federal Grant Revenue account)
001 - 400 - 3202 -8104 $130,700 (Grant Expenditure account — 90% grant award)
601 -400- 3202 -8104 $ 14,550 (Equipment Replacement, SCBA —city 10% match)
Project Phase:
Appropriation Required: X Yes _No
ORIGINATED BY: DATE: 09/08/04
Norm 9 lo, Fir Chief
REVIEWED BY* DATE:
9
Mary Str City Manager �y /j�
16
123
BACKGROUND & DISCUSSION, continued:
Equipment Replacement funds. In addition, the equipment replacement account will fund
modifications to apparatus seats and brackets in order to mount the new SCBAs.
The Fire Department submitted its grant proposal in the category of Firefighter Operations and
Firefighter Safety for personal protective equipment. The grant funds will be utilized to
purchase SCBAs to protect first responders and hazardous materials response teams.
The new equipment would extend protection for response to chemical, biological and other
hazards at emergency incidents under 5 NFPA standards recently adopted by the Federal
Department of Homeland Security (DHS): NFPA 1951 (Standard on Protective Ensemble for
USAR Operations); NFPA 1981 (Standard on Open- Circuit Self- Contained Breathing
Apparatus for Fire and Emergency Services); NFPA 1991 (Standard on Vapor- Protective
Ensembles for Hazardous Materials Emergencies); NFPA1994 (Standard on Protective
Ensembles for Chemical /Biological Terrorism Incidents); and NFPA 1999 (Standard on
Protective Clothing for Emergency Medical Operations).
In addition, the equipment purchased under the grant will meet the 3 standards adopted by
DHS and the National Institute of Occupational Safety and Health (NIOSH). The standards for
respirators will protect against chemical / biological /radiological /nuclear environments.
The Fire Department is returning to the Council for approval to accept this grant award
In accordance with the City Council Policy regarding grant awards:
1. The Federal Department of Homeland Security, under the Office for Domestic
Preparedness (ODP), administers this grant program.
2. The total grant funding awarded is: $145,200
3. Matching Funds Cost -Share —Local (10 %): $14,520
4. Matching Funds Cost Share — Federal (90 %): $130,680
5. Source of Matching Funds Cost Share: Equipment Replacement funds for Fire
Department SCBA (Account # 601 -400- 3202 -8104)
6. The grant does not provide up front funding. Municipalities encumber the approved
funds and are reimbursed by direct deposit through electronic funds transfer.
7. Conditions required under this grant:
a. All grant related work under the grant is to be completed by August 26, 2005.
b. All equipment purchased under the grant funding, if awarded, is required to
be maintained and replaced under the city's capital equipment replacement
standards.
c. New to the 2004 application is the requirement that each grant applicant have
a Dun & Bradstreet Data Universal Numbering System (DUNS) number —the
City of El Segundo was issued a DUNS number of 138605311 on March 1,
2004.
i *2 14
EL SEGUNDO CITY COUNCIL MEETING DATE: September 21, 2004
AGENDA ITEM STATEMENT AGENDA HEADING: Consent
AGENDA DESCRIPTION:
Consideration and possible action to modify the current Lateral Entry Program regarding the
candidate's qualifications for both police officer and dispatcher positions.
MMENDED COUNCIL ACTION:
(1) Modify the Lateral Entry Police Officer Program to include applicants who have separated
within the past thirty -six months from a state, county, or municipal law enforcement agency
and possess a California Commission on Peace Officer Standards and Training (P.O.S.T.)
Basic Certificate. This separation cannot be due to termination or resignation in lieu of
termination.
(2) Modify the Lateral Entry Dispatcher II Program to include applicants who have separated
within the past thirty -six months, as a Public Safety Dispatcher from a state, county, city, or
agency thereof, for a minimum of two (2) years and possess, or have the ability to obtain, a
valid Public Safety Dispatcher Certificate issued by the California Commission on P.O.S.T.
This separation cannot be due to termination or resignation in lieu of termination.
(3) Alternatively discuss and take other action related to this item.
BACKGROUND & DISCUSSION:
Continued on next page.
ATTACHED SUPPORTING DOCUMENTS:
None
FISCAL IMPACT:
Operating Budget:
$3,555,350 (police) / $997,800 (dispatcher)
Amount Requested:
N/A
Account Number:
001 -400-3102-4101 (police patrol /salaries)/ 001 - 400 - 3107- 4101(dispatcher /salaries)
Project Phase:
N/A
uired: Yes X No
DATE: September 13, 2004
J66k Wayt, Chief of Police
REVIEWED BY: DATE:
Mary /Stren ,City Manager
!_ ;1
17
BACKGROUND & DISCUSSION CONTINUED:
The Lateral Entry Program was established in 1994. The program was established to increase
the number of highly qualified P.O.S.T, certified applicants that would have an almost
immediate impact on the Police Departments' staffing needs by significantly cutting down on
the training time required for each officer. The program also established a "fast track" testing
process that allowed for continuous recruitment of lateral applicants. In 2003, the program was
modified by increasing the lateral bonus for both the candidate and the recruiting officer, in
order to keep attracting qualified applicants.
Since the programs' inception, there have been a number of highly qualified laterals that have
come to this department and excelled here. In the last three years, the City has hired six lateral
officers that not only saved the department tens of thousands of dollars in salary savings
(academy time), but also have significantly contributed to the knowledge and experience that
they have brought with them from their respective agencies.
The Lateral Entry Program has assisted the Police Department in the pursuit of hiring the best
most qualified officers possible forthe City of El Segundo. The amendment to this program will
allow the Police Department to expand the potential pool of highly qualified lateral officers
without lowering the City's extremely high standards set for this program. An example of the
type of officer the City hopes to hire under this expanded program would be a recently
separated (thirty -six months or less) officer who holds a California Basic P.O.S.T. Certificate
who decides that they would like to re -enter the law enforcement field. The thirty -six months
starts from the date of separation from his /her last employerand must be concluded by his hire
date at El Segundo. The program would allow the Police Department to place this candidate in
the "fast track" process, which would significantly cut down on the time required to process this
individual and would also allow the City to compensate this individual for their knowledge and
experience.
Presently, the police department has seven unfilled sworn positions, which is over ten percent
of the authorized workforce. The highest number of unfilled positions the Police Department
has been down over the past ten years is eight. The time required to fill these positions with
entry-level officers is an extremely long process that includes approximately twenty weeks in a
law enforcement basic academy. The Police Departments ""fast track" program for laterals has
allowed the City to fill some of these openings with highly skilled officers. The expansion of this
program will help mitigate sworn officer vacancies.
Each applicant would provide appropriate separation paperwork and acceptance of the
individual's application for testing in the Lateral Entry Program would be contingent on the
approval of the Chief of Police or their designee. All other criteria established for this program
would remain unchanged.
The Police Department is also requesting that this same program be implemented for lateral
dispatchers. Even though the staffing needs may not warrant it at this time, this program would
give the Police Department greater flexibility in the future if the need arises.
i26
EL SEGUNDO CITY COUNCIL
MEETING DATE: September 21, 2004
AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action regarding adoption of plans and specifications for the
abatement of asbestos and lead materials from the existing clubhouse located at 300 East
Pine Avenue - Project No. PW 04 -08 - (Estimated cost = $100,000).
RECOMMENDED COUNCIL ACTION:
1) Adopt plans and specifications;
2) Authorize staff to advertise the project for receipt of construction bids; and /or
3) Alternatively, discuss and take other action related to this item.
BACKGROUND & DISCUSSION:
On September 7, 2004, City Council gave direction to staff to abate hazardous materials from
the existing clubhouse located at 300 East Pine Avenue. The building was surveyed in
December 2003 and found to have asbestos in the flooring and lead paint on some of the
window frames.
Staff will return to City Council in November with the apparent low bidder to the project.
ATTACHED SUPPORTING DOCUMENTS:
None.
FISCAL IMPACT:
Operating Budget:
Amount Requested:
Account Number:
Project Phase:
Appropriation Required:
$6,092,000
$100,000
301- 400 - 8202 -8490
Adoption of plans and specifications
No
ORIGINATED BY: DATE: September 14, 2004
Seimone Jurjib, Acting City Engineer
REVIEWED BY:
TE:
9 /y/ y
IN•
09 -21 -04 Adoption of Plans and Specifications for Abatement of
Asbestos and Lead Malenals of the Gordon Clubhouse - PW 04.OB
x2i
EL SEGUNDO CITY COUNCIL MEETING DATE: September 21, 2004
AGENDA ITEM STATEMENT AGENDA HEADING: Consent Calendar
AGENDA DESCRIPTION:
Consideration and possible action regarding a Special Permit per Municipal Code, Chapter 2,
6 -2 -4: Circus, Carnival, Wild West Show, Parade for the El Segundo Chamber of Commerce.
COUNCIL ACTION:
1) Approve Special Permit in Municipal Code, Chapter 2, 6 -2 -4: Circus, Carnival, Wild West
Show, Parade for El Segundo Chamber of Commerce to facilitate a petting zoo and pet
adoption outlet at the Richmond St. Fair.
discuss and take other action on related to this item.
BACKGROUND & DISCUSSION:
The El Segundo Chamber of Commerce's, Richmond Street Fair application has been
approved by City Council for Saturday, October 9, 2004. After said approval, the Chamber
was offered the opportunity to provide a Petting Zoo for the Kids Zone by Fiesta de Carnival
and a Pet Adoption outlet by Animal Kind Rescue. Due to the nature of these proposals
(housing live animals) a special permit through city council must be approved.
The vendors are required to confirm to all requirements listed in Municipal Code Title 6,
Chapter 2; 6 -2-4: Circus, Carnival, Wild West Show, Parade: and 6 -2 -12: Application for
permit: and 6 -2 -12: Criteria for Approval: regarding public and animal health and safety.
As this is a Chamber event, both the City of El Segundo and the El Segundo Chamber of
Commerce are additionally insured by both parties listed above as part of the application
process to participate in the Richmond Street Fair.
ATTACHED SUPPORTING DOCUMENTS:
Letter of Request from the El Segundo Chamber of Commerce.
FISCAL IMPACT: none
Operating Budget:
Amount Requested:
Account Number:
Project Phase:
Appropriation required: _Yes x No
ORIGINATED:I " _ DATE:
Stacia Mancini, Director of RYecreati�on and Parks
REVIEWED BY: � DATE:
�� jy
Strenn, City Hager
i2- 8 19
El Segundo
Th CHAM3ER
7be 1:u, e Irv' Bu.,inc,y
August 23, 2004
The Honorable Kelly McDowell, Mayor
and City Council
City of El Segundo
350 Main Street
El Segundo, CA 90245
Dear Mr. Mayor and City Council:
As an addendum to The Chamber's August 6 letter regarding the 28`" Annual Richmond Street
Fair, The El Segundo Chamber of Commerce respectfully requests a special permit, including a
fee waiver, for the approval to include a Farm Animal Petting Zoo, consisting of a miniature
pony, seven to eight goats and pigs, and two llamas. There will be a charge to children and adults
to enter the 20' X 25' fenced in area. Food for the animals will also be sold. There will be a gate
for people to enter and leave the Petting Zoo, and it will be located at the northwest corner of the
intersection of Grand Avenue and Richmond Street. The Petting Zoo will also be under a canopy
with supervision by the Petting Zoo's staff person. Our vendor will be responsible for all set up
and clean up requirements, as well. If you need to contact our vendor, Ted Holcomb of Fiesta de
Carnival, you can reach him by calling 562- 799 -7737.
The Chamber has also received a request from the Animal Kind Rescue (formerly the NEVA
Foundation) to display 3 or 4 small dogs and 3 or 4 cats in puppy pens and small cages,
respectively, during the Fair. They are a 501(c) 3 non -profit organization dedicated to the rescue
and placement of abused or abandoned pets. Their animals will not be sold or adopted on site.
They will accept applications for adoption of the animals being displayed, and consider them
later. Every dog and cat is checked by a veterinarian, vaccinated, de- wormed, neutered or
spayed, and all medical problems treated prior to adoption. Animal Kind Rescue has been
operational for thirteen years and has placed thousands of dogs and cats. Their contact is
Rebecca Deisler, and she can be reached at 818 - 613 -6670 or vmcrebecca@yahoo.com. Teresa
Wekid, 322 -9347, nkdeye(a earthlink.net, can also be contacted with any clarification needs. For
additional information on their rescue group, their website is
http:// www .animaMndrescue.ors/index.htm.
Your invaluable time and consideration of our request are greatly appreciated
1 4 `stskcerely yours,
� amel L-Ehrler, Executive Director
427 Main Street • El Segundo, CA 90245 • 310.322.1220 • Fax 310.322.6880
Email: info @elsegundochamber.org 129
J��
EL SEGUNDO CITY COUNCIL
MEETING DATE: September 21, 2004
AGENDA ITEM STATEMENT AGENDA HEADING: Consent
AGENDA DESCRIPTION:
Consideration and possible action to award purchase order increase (for 2003/04) and
contract to Amy Lane from $9,950 to $13,450 to provide services as Assistant Coach for Youth
and Adult Tennis Programs for the Recreation and Parks Department. (Fiscal Impact: $3,500).
RECOMMENDED COUNCIL ACTION:
1) Award purchase order increase and contract to Amy Lane in the amount of $3,500 for a
total value of $13,450.
2) Authorize the City Manager to execute an Instructor Agreement/ContractAmendment.
3) Alternatively, discuss and take other action related to this item.
BACKGROUND & DISCUSSION:
The Recreation and Parks Department offers year -round competitive and recreational Tennis
Programs for youth and adult. Fees vary depending on the program. The tennis programs are
amongst the most popular classes offered by the department. Tennis Programs are offered
for youth ages 3 -17 and adults of all ages.
Ms. Lane has acted as an Assistant Coach of the Tennis Programs for over 3 years. The
program continues to be one our most successful under her coaching. All requirements,
licensing and insurances are confirmed by the contract and will be provided by the City of El
Segundo.
'This contract is up on September 30, 2004.
ATTACHED SUPPORTING DOCUMENTS:
None
FISCAL IMPACT:
Operating Budget: $13,450
Amount Requested: $3,500
Account Number: 108 -400 - 5209.6206
Project Phase: NA
Appropriation Required: _Yes X No
ORIGINATED: DATE: 9/10/04
Stacia Mancini, Director, Recreation & Parks Department
REVIEWED BY: I DATE:
n, City Manager
.al. 20
�l
EL SEGUNDO CITY COUNCIL MEETING DATE: September 21, 2004
AGENDA ITEM STATEMENT AGENDA HEADING: New Business
AGENDA DESCRIPTION:
Consideration and possible action amending the El Segundo Municipal Code (ESMC)
regarding the elimination of the Community, Economic and Development Services
Department and Community, Economic and Development Services Director position and the
establishment of the Planning and Building Safety Department, the Economic Development
Department and the At -Will positions of Director of Planning and Building Safety and the
Director of Economic Development.
RECOMMENDED COUNCIL ACTION:
Recommendation:
1. Discussion;
2. Introduction of Ordinance and waive first reading;
3. Schedule second reading and adoption of Ordinance on October 5, 2004;
4. Alternatively, discuss and take other action related to this item.
BACKGROUND & DISCUSSION:
Based upon the direction provided by Council to staff at the July 16, 2004 Strategic Planning
session the Community, Economic and Development Services Department has been
reorganized in orderthat the City's Economic Development Program receive greater emphasis
and support.
- continued on next page -
ATTACHED SUPPORTING DOCUMENTS:
An Ordinance of the City Council of the City of El Segundo, California, amending sections 1 -6-
3; 1 -6 -4; 1 -6 -5; Title 1, of the El Segundo Municipal Code to reflect the establishment of the
Planning and Building Safety Department, the Economic Development Department and the
positions of Director of Planning and Building Safety and Economic Development.
FISCAL IMPACT:
Operating Budget:
Amount Requested:
Account Number:
Project Phase:
Appropriation Required: _ Yes X No
ORIGINATED BY: DATE: 9/13/04
fret M. Plumlee, Director Administrative Services
REVIEWED BY: DATE:
9 jy
131 21
BACKGROUND & DISCUSSION:
The results of the reorganization include the establishment of the Planning and Building Safety
Department and the Economic Development Department and the elimination of the
Community, Economic and Development Services Department.
It also results in the establishment of the at -will positions of Director of Planning and
Building Safety and the Director of Economic Development and the abolishment of the
positions of Building Safety Manager, Economic Development Manager and the Director of
Community, Economic and Development Services.
New class specifications and proposed salary ranges for Director of Planning and Building
Safety and Director of Economic Development will be presented to Council for approval
and adoption in October 2004 as part of the agenda item implementing all job classification
and salary range changes contained in the fiscal year 2004 -2005 operating budget.
132
ORDINANCE NO. _
AN ORDINANCE AMENDING EL SEGUNDO MUNICIPAL CODE §§ 1 -6-
3, 1-6-4, AND 1 -6 -5 REGARDING CITY DEPARTMENTS AND
DEPARTMENT DIRECTORS.
The city council of the city of El Segundo does ordain as follows:
SECTION 1: The City Council finds as follows:
A. The El Segundo Municipal Code ( "ESMC) provides that the City Council
may from time to time by Ordinance designate departments, appointive
officers, or employees of the City;
B. It is in the best interest of the City to list all existing City departments in the
Municipal Code and officers excluded from the Personnel Merit System;
and
C. It is in the best interest of the City to create the Departments of Planning
and Building Safety and Economic Development and the positions of
Director of Planning and Building Safety and Director of Economic
Development.
SECTION 2: ESMC § 1 -6 -3 is amended in its entirety to read as follows:
"Sec. 1 -6 -3: CITY DEPARTMENTS:
Effective October 1, 2004, the organization of city government consists of the
following departments:
Administrative Services Department
City Administration
Economic Development
Fire Department
Library Department
Planning and Building Safety
Police Department
Public Works Department
Recreation and Parks Department"
SECTION 3: ESMC § 1 -6 -4 is amended in its entirety to read as follows:
"Sec. 1-6-4: EXCLUSIONS
Page 1 of 4
Those officers and members of departments in addition to department heads and
elected officers who are expressly excluded from the merit system are:
Assistant City Manager
City Attorney
City Engineer
City Manager
Special Events Coordinator
Street Superintendent
Water and Sanitation Superintendent'
SECTION 4: ESMC § 1 -6 -5 is amended in its entirety to read as follows:
"Sec. 1 -6 -5: DEPARTMENT HEADS:
For the purpose of this chapter and for the purpose of initiative Ordinance 586
and for the purpose of ordinances expanding the coverage of initiative Ordinance
586, and not by way of limitation, effective October 1, 2004, the term
"Department Head" includes:
Chief of Police.
City Manager.
Director of Administrative Services.
Director of Economic Development.
Director of Planning and Building Safety.
Director of Public Works.
Director of Recreation and Parks.
Fire Chief.
Library Director."
SECTION 5: Repeal of any provision of the ESMC herein will not affect any penalty,
forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties
for any violation occurring before, this Ordinance's effective date. Any such repealed
part will remain in full force and effect for sustaining action or prosecuting violations
occurring before the effective date of this Ordinance.
SECTION 6: 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 7: 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;
Page 2 of 4
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 8: 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
ATTEST:
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO )
I, Cindy Mortesen, City Clerk of the City of El Segundo, California, do hereby certify that
the whole number of members of the City Council of said City is five; that the foregoing
Ordinance No. was duly introduced by said City Council at a regular meeting
held on the day of , 2004, and was duly, - passed and
adopted by said City Council, approved and signed by the Mayor, and attested to by the
City Clerk, all at a regular meeting of said Council held on the __ day
Of , 2004, and the same was so passed and adopted by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Cindy Mortesen, City Clerk
APPRi
Mark C
In
Page 4 of 4
EL SEGUNDO CITY COUNCIL MEETING DATE: September 21, 2004
AGENDA ITEM STATEMENT AGENDA HEADING: Mayor McDowell
AGENDA
Consideration and possible action regarding adoption of a resolution expressing the City of El
Segundo's support of efforts by the California Air Resources Board to implement measures
aimed at reducing greenhouse gas emissions.
RECOMMENDED COUNCIL ACTION:
1) Adopt resolution supporting California Air Resources Board efforts to reduce greenhouse
gas emissions; 2) Alternatively, discuss and take other action related to this matter.
BACKGROUND & DISCUSSION:
Advocates on behalf of the American Lung Association have approached the City and urged
the Council's adoption of a resolution expressing support of the efforts encouraging the
California Air Resources Board to implement AB 1493 and enact measures thatwould reduce
the amount of greenhouse gas pollutants emitted by motor vehicles. The City has supported
such efforts, though on a much smaller scale, through its utilization of alternative fuel and
electric vehicles in the City fleet.
ATTACHED SUPPORTING DOCUMENTS:
Resolution expressing support of efforts of the California Air Resources Board to enact
measures aimed at reducing greenhouse gas emissions.
FISCAL IMPACT: N/A
Operating Budget:
Amount Requested:
Account Number:
Project Phase:
Appropriation Required: _Yes X No
Mayor Kellv McDowell
REVIEWED BY: DATE:
Mary n, City Manager y
22
.13 ti
RESOLUTION NO.
A RESOLUTION OF THE EL SEGUNDO CITY COUNCIL EXPRESSING ITS
SUPPORT OF EFFORTS URGING THE CALIFORNIA AIR RESOURCES
BOARD TO ADOPT REGULATIONS TO REDUCE GREENHOUSE GAS
EMISSIONS FROM MOTOR VEHICLES
The City Council of the City of El Segundo does hereby resolve as follows:
Section 1: The City Council finds and declares as follows:
A. The scientific community is in general agreement that global warming is a real
occurrence that is due in large part from the burning of fossil fuels and that the
phenomenon poses a threat to our health, environment, economy and way of life;
B. It is clear that a significant contributor to the global warming problem is
greenhouse gas emissions from millions of motor vehicles in use today.
C. It is in the public interest to support policies that will result in a measurable
reduction in greenhouse gas emissions from motor vehicles;
D. AB 1493 (Pavley) has been signed into law and provides the California Air
Resources Board with the authority necessary to implement guidelines requiring
significant reductions in greenhouse gas emissions;
E. The implementation of AB 1493 would require motor vehicle manufacturers to
build cars that burn cleaner and contribute low emissions of greenhouse gases
and criteria pollutants;
F. If fully implemented by the Air Resources Board, the guidelines suggested by AB
1493 would result in reduces levels of pollutants (including ozone precursors,
particulates and toxic air contaminants) typically referred to as "upstream
emissions ;"
G. AB 1493 does not require specific technologies, but does encourage the use of
hybrid electric vehicles and alternative fuel vehicles;
H. The City of El Segundo has already embraced that those vehicle technologies
through its use of electric and alternative fuel vehicles in the City fleet.
Section 2: The City Council of the City of El Segundo expresses its support of
measures considered by the California Air Resources Board to limit the
amount of greenhouse gas emissions from motor vehicles operating in
California.
1 131
Section 3: The City Clerk is directed to send a copy of this resolution to the Chairman
of the California Air Resources Board.
Section 4: The City Clerk will certify to the passage and adoption of this Resolution;
will enter the same in the book of original Resolutions of the City; and will
make a record of proceedings of the City Council in the Minutes of the
Meeting at which same is passed and adopted.
Section 5: This Resolution will become effective immediately upon adoption.
PASSED AND ADOPTED this day of
Kelly McDowell, Mayor
APPROVED T
Mark D. He y attofne�%
BY: 1_4
arl H. Eferger, A,gsisfant City Attorney
-2-
2004.
ATTEST:
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO )
I, Cindy Mortesen, City Clerk of the City of El Segundo, California, do hereby certify that
the whole number of members of the City Council of said City is five; that the foregoing
Resolution No. was duly passed and adopted by said City Council, approved and
signed by the Mayor of said City, and attested to by the City Clerk of said City, all at a
regular meeting of said Council held on the 21st day of September 2004, and the same
was so passed and adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Cindy Mortesen, City Clerk
13 c)