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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. 001 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 {j o 2 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. 003 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. 4 004 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. 0 015 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. 6 0Ot; 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. 7 0�1 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. 8 006 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. 005 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. 10 C16 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: 12 012 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 014 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 C 8 M W W e 0 0 N ° 1' W K W � Q W N p O LL 2 » q° z Q C 6 W w z V Q R Q J� WZ OZ 6 O U OZ O O a w w w °a a w w w U U U U N ° C G F ° o O O O Z z 7m n W Q e r w° » �� rc z m Nm�mmn eoa N wr nin . r w Z 3 tO IJ N b Cpl YI � � T N IO a N n jm C V a jp y m m U 2 LLw >ry ob°5� b b mp m pT J K L O T N _ d s a =sW`§{�e 8 2 ° T z J F a W Z 09 0 Sry' 4 m m C® �. 00 J 6 222602Y N?Uq ii ° T mh C i ° <� as im u�su w Wui°zw o o m e2mf € 33 w zLLLLJ �n m JzWWOrcp�Fa °� LL LL. W° RR N F N y W W W J LL p N J 7 W K 5 S n m NO °�>�W�m`�i£z 6p�ZLL w4af z¢¢o a _ °q 2' GEES 0, LL����,,,, ggg °~ W ° �0 a�NLL' J O 6 j J K 3 m L u < °Ou °oF� LL i�' z wt� wFgg¢ � w u`2 i '2 i U LL LLa 2 �r s LL w¢W�a 3 oc°9 rwzz ocw ?Q u�p 3 °tt ww a ° ww w� w N 5 W o °O w LL ° O a po � Oi C ° c x b m2 w U �m m yF�m a J y y of 2= Pa�E r %\ w 5 y m6 E cuBS °m w 4LL x $h E16 `a w.� z 0 z Z $ E jO cU cg .. a cif�� i LL 1 o O LLO 8 Q .� o �z 8 w w r 0 O ii `o ii , ii K 4 fq U um. U LL' LL a 0 2° ° 0:3� 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)