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2005 JUL 19 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, JULY 19, 2005 — 5:00 P.M. Next Resolution # 4430 Next Ordinance # 1385 5:00 P.M. SESSION CALL TO ORDER ROLL CALL CLOSED SESSION: The City Council may move into a closed session pursuant to applicable law, including the Brown Act (Government Code Section §54960, gt sue) for the purposes of confernng 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 I � 1 CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Gov't Code §54956 9(a)) — 6 matters 1 City of El Segundo v City of Los Angeles, et al , LASC No BS094279 2 Re Variance Application of City of Los Angeles, Department of Airports for Los Angeles International Airports, Department of Transportation, State of California, Case No 2009060244 3 Yeaton v City of El Segundo, LASC Case No BS096351 4 Chen v City of El Segundo LASC Case No YC049424 5 Bressi v City of El Segundo, LASC Case Nos BC288293 and 288292 6 Ward v City of El Segundo LASC Case No BC325247 CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code §54956 9(b) -0- potential case (no further public statement is required at this time), Initiation of litigation pursuant to Government Code §54956 9(c) -2- matters DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957) — 0 matter CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957 6) -0- matter CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956 8) -0- matter SPECIAL MATTERS — 6:00 P.M. 1 Interview of candidates for City Committees, Commissions and Boards (CCBs) regarding Library Board of Trustees and Investment Advisory Committees and potential appointment of members to the CCBs Interviews will commence at approximately 6 00 p m and will be held in the West Conference Room and are open to the public 000 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 andlor 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, JULY 19, 2005 - 7:00 P.M. 7:00 P.M. SESSION CALL TO ORDER INVOCATION — Fr Jim Anguiano of St Anthony Catholic Church PLEDGE OF ALLEGIANCE — Council Member Carl Jacobson Next Resolution # 4430 Next Ordinance # 1385 0 r 0 13 PRESENTATIONS - (a) Proclamation commemorating July 21, 2005 as El Segundo Farmers' Market 6th Anniversary and inviting El Segundoans to participate in the cake cutting ceremony to be held at 5 30 p m on July 21, 2005 (b) Proclamation commemorating July 24, 2005 as National Parents Day in El Segundo (c) Proclamation commemorating July 19, 2005 as the 20h anniversary of the El Segundo Outreach Program and inviting citizens to get involved and volunteer their time to the El Segundo Outreach Program which enhances the quality of life of our seniors and disabled (d) Proclamation commemorating July 29, 2005 as Volunteer Recognition Day at The Lakes of El Segundo in honor of the City of El Segundo Volunteers (e) Introduction to the community of Linda Conkey, Manager, Government and Public Relations, Raytheon Space and Airborne Systems (f) Presentation by the El Segundo Unified School Board regarding facilities and academic achievements 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 4 0011 3 B. SPECIAL ORDERS OF BUSINESS 1. Consideration and possible action (Public Hearing) to adopt the Recreation and Park Commissions' recommendation to increase Swim Lesson fees, Recreation Park Identification Card fees and Co-ed Softball Leagues fees. (Fiscal Impact: $60,800 revenue) Recommendation — (1) Open Public Hearing, (2) Discussion, (3) Adopt Resolution approving new fees for the El Segundo Parks and Recreation Department to recover costs incurred from providing various public services; (4) Alternatively, discuss and take other action regarding this item C. UNFINISHED BUSINESS 2. Consideration and possible action to add Section 10 -3 -2 to Chapter 3 of Title 10 of the El Segundo Municipal Code (SSMC) to prohibit smoking at the public beach within the City of El Segundo. Recommendation — (1) Introduce Ordinance adding Section 10 -3 -2 to Chapter 3 of Title 10 of the ESMC, (2) Schedule second reading of the Ordinance for the August 2, 2005 Council Meeting, (3) Alternatively, discuss and take other action regarding this item D. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS 3. Consideration and possible action regarding the announcement of the appointments of candidates to the Library Board of Trustees and Investment Recommendation — (1) Announce the appointees to the Library Board of Trustees and Investment Advisory Committee, (2) Announce that recruitment continues for positions on remaining Committees, Boards and Commissions El Segundo Community Cable Advisory Committee and Capital Improvement Program Advisory Committee and interviews will be scheduled for October or November, 2005, (3) Alternatively, discuss and take other action related to this item 4. Consideration and possible action regarding an Annual Report of the Library Board of Trustees by President, Darcy Fulmer. Recommendation - (1) Receive and file report, (2) Alternatively, discuss and take other action related to this item 5 0 0 ,) 5. Consideration and possible action regarding the recommendations by the Library Board of Trustees and the Recreation and Parks Commission for naming four (4) new meeting rooms at the El Segundo Public Library. Recommendation — (1) City Council to approve four choices selected by a sub- committee of Library Board of Trustees members, and Recreation and Parks Commission members A "Naming of the Library Meeting Rooms" contest was held during the month of May 2005, and the sub - committee chose the following names from the contest to bring before the City Council for approval a) The Blue Butterfly Room, b) The Sand Dune Room, c) The Gazebo Room, and d) The Rose Garden Room, (2) Alternatively, discuss and take other action related to this item 6. Consideration and possible action amending the Operating Agreement for management of the El Segundo Senior Citizen's Housing Corporation between the City of El Segundo and the El Segundo Senior Citizen's Housing Corporation Board of Directors. Recommendation - (1) Approve an amendment to the El Segundo Senior Housing Board's Operating Agreement to increase purchasing authorization by the Senior Housing Board up to $10,000, (2) Alternatively, discuss and take other action related to this item E. CONSENT AGENDA All items listed are to be adopted by one motion without discussion and passed unanimously If a call for discussion of an item is made, the item(s) wtll be considered individually under the next heading of business 7. Warrant Numbers 2548151 to 2548388 on Register No. 19 in the total amount of $2,160,926.24 and Wire Transfers from 6/24/2005 through 717/2005 in the total amount of $261,536.34. 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 8. City Council Meeting Minutes of June 21, 2005. Recommendation — Approval vU4i 9. Consideration and possible action regarding the annual adoption of the City's Investment Policy. Recommendation — (1) Adopt City's Investment Policy as submitted, (2) Alternatively, discuss and take other action related to this item 10. Consideration and possible action regarding the re- appointment of Elyse Rothstein to the South Bay Workforce Investment Board (SBWIB). Recommendation — (1) Ratify the El Segundo Chamber of Commerce re- nomination and appointment of Elyse Rothstein, to Seat #18 of the SBWIB, (2) Request City Clerk to forward a certified copy of the Council's action to the SBWIB, (3) Alternatively, discuss and take other action related to this item 11. Consideration and possible action regarding a Resolution providing for salary and benefit changes to Chapter IIA2 (Management - Confidential Series) of the El Segundo Administrative Code and a Resolution updating the Nationwide Retirement Solutions Governmental Deferred Compensation Matching Plan and Trust Plan. (Fiscal Impact: $418,500 over 3 years) Recommendation — (1) Adopt the attached Resolutions, (2) Alternatively, discuss and take other action related to this item 12. Consideration and possible action regarding authorization to amend and extend the existing Professional Services Agreement and to issue a purchase order to Prosum, Inc., to provide Information Systems consulting and support services. (Fiscal Impact: $30,000) Recommendation — (1) Authorize the City Manager to amend and extend the Professional Services Agreement, as approved to form by the City Attorney with Prosum, Inc., for Information Services network consulting and support services and issuance for blanket purchase order, not to exceed $30,000; (2) Alternatively, discuss and take other action related to this item 13. Consideration and possible action to approve Amendment No. 2 to the City -Shell Pipeline Company reimbursement agreement and to approve a reimbursement agreement Crimson California Pipeline Company for relocation of Pipelines for the Douglas Street Gap Closure Project. (Fiscal Impact = $70,000 in addition to the previously approved $500,000). Recommendation — (1) Approve Amendment No 2 to the City -Shell Pipeline reimbursement agreement; (2) Approve reimbursement agreement between the City and Crimson Pipeline, (3) Authorize the City Manager to execute Amendment No 2 and the reimbursement agreement on behalf of the City, (4) Alternatively, discuss and take other action related to the item 7 vU 14. Consideration and possible action to approve Tract Map. No. 061601 to provide for a 5 -unit condominium project at 222 West Imperial Avenue as approved by the Planning Commission on December 9, 2004. (No Fiscal Impact) Recommendation — (1) Approve Tract Map No 061601, (2) Alternatively, discuss and take other action related to this item. 15. Consideration and possible action for final acceptance of the Holly- Kansas Park playground equipment replacement — Project No. PW 04 -09. (Final contract amount = $87,410). Recommendation — (1) Accept the work as complete, (2) Authorize the City Clerk to file a Notice of Completion in the County Recorder's Office, (3) Alternatively, discuss and take other action related to this item 16. Consideration and possible action regarding approval of a Professional Services Agreement with MuniFinancial to provide a study to update the City's Traffic Congestion Mitigation Fee Program. (Fiscal Impact: $36,000) Recommendation — (1) Authorize the City Manager to sign a Professional Services Agreement approved as to form by the City Attorney, (2) Alternatively, discuss and take other action related to this item 17. Consideration and possible action regarding the removal of decayed, diseased and high risk parkway trees on a city-wide basis. Recommendation — (1) Approve the recommended removals of parkway trees, (2) Authorize the City Manager to execute an amendment to the Great Scott Agreement for tree services, as approved to form by the City Attorney, (3) Alternatively, discuss and take other action related to this item 18. Consideration and possible action regarding the rejection of bids for the replacement and removal of synthetic turf on the driving range at The Lakes Golf Course, No. #PW05 -10. Recommendation — (1) Reject both bids, (2) Authorize the City Manager to request bids at a later date, (3) Alternatively, discuss and take other action regarding this item CALL ITEMS FROM CONSENT AGENDA r F. NEW BUSINESS G. REPORTS - CITY MANAGER - NONE H. REPORTS - CITY ATTORNEY - NONE REPORTS -CITY CLERK - NONE J. REPORTS - CITY TREASURER K. REPORTS - CITY COUNCIL MEMBERS Council Member Boulgarides - Council Member Busch - Council Member Jacobson - Mayor Pro Tem Gaines - Mayor McDowell - PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit per person, 30 minute limit total) Individuals who have receive value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so identify themselves pnor to addressing the City Council Failure to do so shall be a misdemeanor and punishable by a fine of $250 While all comments are welcome, the Brown Act does not allow Council to take action on any item not on the agenda The Council will respond to comments after Public Communications is closed MEMORIALS - CLOSED SESSION The City Council may move into a closed session pursuant to applicable law, including the Brown Act (Government Code Section §54960, et sue) for the purposes of conferring with the City's Real Property Negotiator, andlor conferring with the City Attorney on potential andlor existing litigation, andlor discussing matters covered under Government Code Section §54957 (Personnel), andlor conferring with the City's Labor Negotiators REPORT OF ACTION TAKEN IN CLOSED SESSION (if required) ADJOURNMENT POSTED DATE l3 TIME NAME 9 U 0 3 i) rocCamation (lCitp of Cl *tgunbo, California Farmers' Markets serve over 400 different communities throughout California with more than 4,000 California farmers participating in Farmers' Markets as the sole or mayor outlet for the fruits and vegetables produced on their farms Farmers' Markets are almost exclusively operated by nonprofit organizations or city agencies, and are operated to bring California's agricultural and urban communities together for their mutual benefit, increase communication, and mutual education The El Segundo Farmers' Market was first opened on July 1, 1999 as a vital component in the effort to revitalize the El Segundo Downtown and has been very successful in its four years of operation The El Segundo Farmers' Markets has become an important harmonious community meeting place, with fresh produce, food vendors, craft booths and entertainment `' ' I the Mayor and the City Council of the City of El Segundo, California, hereby proclaim July 21, 2005 as El Segundo Farmers' Market Ok Anniversary, and invite the citizens of El Segundo to participate with the City Council in the cake cutting ceremony to be held on July 21st at 5.30 p in at the El Segundo Farmers' Market G i j 0 roctarnation CLttp of et *tpnbo, California WHEREAS, In every culture and time period, the family has stood as the most fundamental human institution, the starting point of life, the sustainer of well - being, and the school of love WHEREAS, Commitment to family has always been a core value, however, what was often held as common value, recognized as common sense, even understood as self - evident in the past, is sometimes not so today. WHEREAS, As our nation struggles with effects of family breakdown, youth violence and a host of other critical problems, more and more voices are calling for a re- examination of our priorities and fundamental values. WHEREAS, In 1994, President Bill Clinton signed into law the resolution adopted by the U S Congress establishing the fourth Sunday of every July as Parents' Day, a perennial day of commemoration similar to Mother's Day and Father's Day in order to recognize, uplift and support the role of parents in the rearing of children WHEREAS, The establishment of Parents' Day was the result of a bipartisan, multiracial and interfaith coalition of religious civic and elected leaders who recognized the need to promote responsible parenting in our society and to uplift ideal parental role models. NOW, THEREFORE, the Mayor and Members of the City Council of the City of El Segundo, California, do hereby proclaim July 24, 2005 as Parents' Day in El Segundo, and encourage our citizens to recognize the importance of responsible parenting in creating a healthy society. W vli iprociarctation Up of el *tgunbo, Californta WHEREAS, Twenty years ago, a group of motivated staff and volunteers initiated the El Segundo Outreach Program to provide El Segundo senior citizens and the disabled with reduced price home delivered meals and home services such as house cleaning and laundry. The program was started and is still funded by the Community Development Block Grant (CDBG) funds. The Outreach Program also provides referrals to other organizations for assistance WHEREAS, The Outreach Program office receives almost 2,000 requests per year for services including, home delivered meals, in -home services, mental health, transportation, employment, housing and many others. WHEREAS, The Outreach Program utilizes an ongoing list of 20 volunteers who donate a combined total of 780 hours each year to deliver over 8,500 meals per year to senior citizens and disabled members of our community WHEREAS, The Outreach Program staff provides referrals and work with multiple outside agencies such as the Personal Assistance Services Council of Los Angeles County and Always Right In Home Services to ensure that our senior citizens and disabled population is well provided and cared for NOW, THEREFORE, the Mayor and the City Council of the City of El Segundo, California, hereby proclaim July 19, 2005 as the El Segundo Outreach Program's 20'x' Anniversary, and invite the citizens of El Segundo to get involved and volunteer their time to the Outreach Program which enhances the quality of life of our seniors and disabled 0 EL SEGUNDO CITY COUNCIL AGENDA ITEM STATEMENT MEETING DATE: July 19, 2005 AGENDA HEADING: Special Order of Business AGENDA DESCRIPTION Consideration and possible action (Public Hearing) to adopt the Recreation and Park Commissions recommendation to Increase Swim Lesson fees, Recreation Park Identification Card fees, and Co -ed Softball League fees Fiscal Impact $60,800 revenue RECOMMENDED COUNCIL ACTION: 1 Open Public Hearing 2 Discussion 3 Adopt Resolution approving new fees for the El Segundo Parks and Recreation Department to recover costs incurred from providing various public services 4 Alternatively, discuss and take other action regarding this item BACKGROUND & DISCUSSION: The Recreation and Parks Commission's, approved new coed softball league fees in April 2004 Commission appointed a sub - committee to review other Recreation program fees The subcommittee met in September to review the Recreation Park Identification Card fee The Recreation and Parks Commission voted to approve the fee Increases in November 2005 In January, staff forwarded the Recreation and Parks Commissions recommendations to Council for both the Coed league and the Recreation and Park Identification card fee increases Council did not approve the fees, and asked that they be brought back after mid -year budget review in May Council also asked that swim lesson fees be reviewed at that time Staff completed the review of Swim lesson fees and sent a proposal to the Recreation and Parks Commission for their consideration in May At that time, the Recreation and Parks Commission approved a three year incremental increase for swim lessons Currently, lessons are $1 25 per lesson The Commissions recommendation to City Council is to increase the cost per lesson as follows for the next three years, $2 50 per lesson this year, $3 75 next year and $5 00 In 2007 ATTACHED SUPPORTING DOCUMENTS: Exhibit A for AIS and Resolution with Exhibit A FISCAL IMPACT None Operating Budget Account Number Project Phase Appropriation Required _Yes X No ORIGINATED DATE: July 19, 2005 Stacia Mancini. Recreation and Parks Director G1� � EXHIBIT A CITY COST FOR ADULT COED SOFTBALL Field Preps 1 staff /day x 2 0 hrs x $22/hr x 1 prep /day x 4 days/wk x 11 wks = $ 1,936 00 Equipment 5 sollballs/day x 4 days /wk x 11 wks = 220 x $3 50 /ball ($42 /dozen) = $770 00 Umpires I ump /game x 3 games /day x 4 days /wk x 11 wks = 132 x $5 00 /game (assigning fee) = 660 00 Scorekeepers I scorekeeper /game x 3 games /day x 4 days /wk x 11 wks x $9 00/hr = $1,188 00 Awards 1 trophy /league champ x 4 leagues x $20 00 /trophy = $80 00 18 t- shirts /league champ x 4 leagues x $7 /shirt = $504 00 Lights 4 5 hrs /day x 4 days /wk x 11 wks x $4 00 /hr = $792 00 Admm 5 0 hrs /wk (scheduling and standings) x l lwks x $32 /hr = $t,760 00 TOTAL: $ 7,690.00 CURRENT COST RECOVERY: $150 /team (league fee) x 24 teams = $3,600 (46.8 %) PROPOSED COST RECOVERY: $225 /team (league fee) x24 teams= $5,400 (70.2 %) COST COMPARISON WITH SURROUNDING CITIES The following list of fees has been obtained from each city's Recreation Department Fees are current as of April 12, 2004 Ell Segundo: $225 per team + $15 per game (official) Manhattan Beach $495 per team + $12 per game (official) Redondo Beach $385 per team + $12 per game (official) Torrance $410 per team + $11 per game (official) Carson $375 per team + $11 per game (official) * The preceding fee increase proposal is submitted in an effort to help offset the operating costs of the Adult Coed Softball League. As noted above, the City of El Segundo is far below the market standard in the South Bay and surrounding areas in regards to Softball League fees. LiJ EXHIBIT A - CONTINUED 2003 Recreation ID Cards Sold 2004 Recreation ID Cards Sold 2005 Estimate: RECREATION ID CARDS 3,200 3,900 4,500 Since Recreation ID Cards are now required for Class Registration, staff anticipates an increase in revenues *Note Revenue earned (Estimated $36,500) from proposed price increase will help to offset the operating costs for the Recreation & Parks Department FYI: Scenarios for Cost Savings with Recreation ID Cards: El Segundo Residents with Recreation ID Cards are not charged a peruse fee Non Recreation ID card holder costs are listed below: Family #1. 2 Adults, 3 Children: Pool Use 2 /week x $3 /use x 52 weeks = $312 x 5 family members = $1,560 Tennis Court Use 1/week x 2 hours/day (2 -hr minimum) x $10 /hour x 52 weeks = $1,040 Picnic Reservations 2 reservation /year x 4 hours /reservation x $60 /hour = $480 Racquetball Use 2 /month x 2 hours /day (2 -hr minimum) x $25/hour x 12 months = $1,200 2005 FAMILY #1 TOTAL: $4,280 Ree ID Cards Annual Fee (2 Adults x $6/ID + 3 Children x $2/ID): $ 18 Family #2: 2 Adults, 1 Child: Pool Use 5 /month x $3 /use x 12 months = $180 x 3 family members = $540 Basketball Court Use 2 /week x 2 hours /day (2 -hr minimum) x $10 /hour x 52 weeks = $2,080 Picnic Reservations 1 reservation /year x 4 hours /reservation x $60/hour = $ 240 2005 FAMILY #2 TOTAL: $2,860 Rec ID Cards Annual Fee (2 Adults x $6/ID + 1 Child x $21ID): $ 14 Individual #1. Swimmer: Pool Use (Lap Swim) 4 /week x $3 /use x 52 weeks = $624 Pool Use (Rec Swim) 1 /week x $3 /use x 52 weeks = $156 Picnic Reservations 1 reservation /year x 4 hour /reservation x $60/hour = $240 2005 INDIVIDUAL #1 TOTAL: $1,020 Rec ID Card Annual Fee (1 Adult x $6/ID): $ 6 0 11- 2 EXHIBIT A - CONTINUED Individual 42: Tennis Player Tennis Court Use 4 /week x $10 /hour x 2/hour (2 -hr minimum) x 52 weeks = $4,160 Picnic Reservation 2reservations /year x 4 hours /reservation x $60 /hour = $480 2005 INDIVIDUAL #2 TOTAL: $4,640 Rec ID Card Annual Fee (1 Adult x $6/ID): $ 6 REVENUE: CURRENT: PROPOSED: $6 Adults, $2 Children, $0 Seniors Adult ID: 1,800 x $6 = $10,800 Child ID: 2,250 x $2 = $4,500 Senior ID: 450 x $0 = $ 0 TOTAL: $15,300 $15 Adults, $10 Children, $5 Seniors Adult ID: 1,800 x $15 = $27,000 Child ID: 2,250 x $10 = $22,500 Senior ID: 450 x $ 5 = $2,250 TOTAL: SWIM LESSONS $51,750 Current $10 for 8 classes or $1.25 per lesson - Estimated Revenue $5,400 Proposed for 2005 -06 $20 for 8 classes or $2.50 per lesson - Estimated Revenue $10,800 Proposed for 2006 -07 $30 for 8 classes or $3.75 per lesson Proposed for 2007 -08 $40 for 8 classes or $5.00 per lesson 3 iJY�1 RESOLUTION NO. A RESOLUTION ADOPTING NEW FEES FOR THE EL SEGUNDO PARKS AND RECREATION DEPARTMENT 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, 664512, 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 July 19, 2005 C On July 19, 2005, 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 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 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 Page 1 of 4 0,18 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 19th day of July, 2005 Kelly McDowell, Mayor Page 2of4 6 1 j STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I, Cindy Mortesen, City Clerk of the City of El Segundo, California, hereby certify that the whole number of members of the City Council of the City is five, that the foregoing Resolution No was duly passed and adopted by said City Council, approved and signed by the Mayor of said City, and attested to by the City Clerk of said City, all at a regular meeting of said Council held on the day of 2005, and the same was so passed and adopted by the following roll call vote AYES NOES ABSENT ABSTAIN ATTEST' Cindy Mortesen, City Clerk APPROVE S Mark D H sl By arl H Be Assistant Page 3 of 4 0 '�: (1 EXHIBIT A FEES Recreation & Parks Current Proposed Justification for Department Fees Fee Fee Increase Per year Per year Adult Co-ed Softball: The City will recover approximately 70% of its actual costs associated with program League Fee $150 $225 (Per 11 week season) Recreation ID Cards: Per Year Per Year Due to costs associated with maintenance Costs Per year and equipment, facility and operations of Recreation Park requires an increase in fees Adult $6 $15 (18 — 61 years) Youth (3 — 17 years) $2 $10 Senior FREE $5 (62+ years) Recreation Group Swim Per Session Per Session Increase in costs associated with staffing, Lessons (8 classes (8 classes Certifications and facility operations per session) per session) Swim Lessons $1 25 per lesson $2 50 per lesson For FY 05/06 $10 /session $20 /session $3 75 per lesson For FY 06/07 $30 /session $5 00 per lesson For FY 07/08 $40 /session (J4� Page 4 of 4 EL SEGUNDO CITY COUNCIL MEETING DATE July 19, 2005 AGENDA ITEM STATEMENT AGENDA HEADING Unfinished Business AGENDA DESCRIPTION: Consideration and possible action to add Section 10 -3 -2 to Chapter 3 of Title 10 of the El Segundo Muncipal Code (ESMC) to prohibit smoking at the public beach within the City of El Segundo RECOMMENDED COUNCIL ACTION- (1) Introduce Ordinance adding Section 10 -3 -2 to Chapter 3 of Title 10 of the ESMC, (2) Schedule second reading of the Ordinance for the August 2, 2005 Council Meeting, (3) Alternatively, discuss and take other action related to this item BACKGROUND & DISCUSSION, On May 3, 2005, a representative from the Surfrider Foundation spoke before the City Council and requested that the City adopt an ordinance that would prohibit smoking at El Segundo Beach The presentation was part of the South Bay Smoke Free Beaches Campaign To date, the County of Los Angeles and the cities of Hermosa Beach, Manhattan Beach, Palos Verdes Estates, Rancho Palos Verdes, Redondo Beach and Torrance have adopted ordinances prohibiting smoking on public beaches If adopted, the El Segundo Municipal Code specifies that a violation of this ordinance would be a misdemeanor, unless it is reduced to an infraction by the City Attorney In addition, the Municipal Code authorizes the Police Chief, pursuant to State Penal Code Section 853 6,to issue citations as a method of enforcing the "no smoking" provisions ATTACHED SUPPORTING DOCUMENTS Ordinance prohibiting smoking on the public beach FISCAL IMPACT: N/A Operating Budget: Amount Requested: Account Number Project Phase: Appropriation Required- _Yes _ No ORIGINATED: DATE: July 12, 2005' Seimone Jur i ire or of Planning and Building REVIEW DATE• Il Gs J e , 6ty Manager 2 V�� ORDINANCE NO. AN ORDINANCE ADDING A NEW SECTION 10 -3 -12 TO CHAPTER 3 OF TITLE 10 TO THE EL SEGUNDO MUNICIPAL CODE ENTITLED "BEACH REGULATIONS." The city council of the city of El Segundo does ordain as follows SECTION 1 Anew section 10 -3 -12 is added to ESMC Title 10, Chapter 3 to read as follows "10 -3 -12 Smoking Prohibited It is unlawful to smoke on any public beach within the city of El Segundo For the purpose of this section, "smoking" means inhaling, exhaling, burning, or carrying any lighted cigarette, cigar or pipe For the purpose of this section, beach does not include parking lots or roadways " SECTION 2 Repeal of any provision of the El Segundo Municipal Code 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 to full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Ordinance SECTION 3 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 4 The City Clerk is directed to certify the passage and adoption of this Ordinance, cause it to be entered into the City of El Segundo's book of original ordinances, make a note of the passage and adoption in the records of this meeting, and, within fifteen (15) days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law SECTION 5 This Ordinance will become effective thirty (30) days following its passage and adoption Page 1 of 2 '1 2 3 PASSED AND ADOPTED this _ day of , 2005. Kelly McDowell, Mayor APPRC Mark E 0 ATTV. 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 , 2005, 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 2005, and the same was so passed and adopted by the following vote AYES NOES ABSENT ABSTAIN Cindy Mortesen, City Clerk Page 2 of 2 Vt� EL SEGUNDO CITY COUNCIL MEETING DATE: July 19, 2005 AGENDA ITEM STATEMENT AGENDA HEADING- COMMITTEES, COMMISSIONS & BOARDS AGENDA DESCRIPTION: Consideration and possible action regarding the announcement of the appointments of candidates to the Library Board of Trustees and Investment Advisory Committee RECOMMENDED COUNCIL ACTION: (1) Announce the appointees to the Library Board of Trustees and Investment Advisory Committee, (2) Announce that recruitment continues for positions on remaining CCBs El Segundo Community Cable Advisory Committee and Capital Improvement Program Advisory Committee and interviews will be scheduled for October or November, 2005, (3) Alternatively, discuss and take other action related to this item BACKGROUND & DISCUSSION: Committee /Commission & Board # of Openings Appointees) Term Expires) Library Board of Trustees Investment Advisory Committee ATTACHED SUPPORTING DOCUMENTS. N/A FISCAL IMPACT: N/A 06/30/09 06/30/09 08/30/09 ORIGINATED- '), �/, �u _ Date. July 12, 2005 Executive Assistant REVIEWED Jeff Date- JUIy jZ , 0 2'5-1 3 EL SEGUNDO CITY COUNCIL MEETING DATE: July 19, 2005 AGENDA ITEM STATEMENT AGENDA HEADING. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS AGENDA DESCRIPTION: Consideration and possible action regarding an Annual Report of the Library Board of Trustees by President, Darcy Fulmer RECOMMENDED COUNCIL ACTION* 1) Receive and file report, 2) Alternatively, discuss and take other action related to this item BACKGROUND & DISCUSSION* Presentation of an Annual Report by the President of the Library Board of Trustees ATTACHED SUPPORTING DOCUMENTS. None ORIGINATED. DATE hton .`�jL� Debra Brighton, Director of Library &Cable Services DATE, ,I1 /� 02C) 4 EL SEGUNDO CITY COUNCIL MEETING DATE. July 19, 2005 AGENDA ITEM STATEMENT AGENDA HEADING: REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS AGENDA DESCRIPTION. Consideration and possible action regarding the recommendations by the Library Board of Trustees and the Recreation and Parks Commission for naming four (4) new meeting rooms at the El Segundo Public Library RECOMMENDED COUNCIL ACTION. (1) Recommend that the City Council approve four (4) choices selected by a sub- committee of Library Board of Trustees members, and Recreation and Parks Commission members A "Naming of the Library Meeting Rooms" contest was held during the month of May 2005, and the sub - committee chose the following names from the contest to bring before the City Council for approval a) The Blue Butterfly Room, b) The Sand Dune Room, c) The Gazebo Room, and d) The Rose Garden Room (2) Alternatively, discuss and take other action related to this item BACKGROUND & DISCUSSION: At the March 15, 2005, City Council meeting four (4) proposed new names for the Library Meeting Rooms (Jack London, Agatha Christie, Parkview East, and Parkview West), were not approved The City Council requested that the Library Board of Trustees (LBOT) and the Recreation and Parks Commission (RAPC) provide other names for the Council to consider On March 24, 2005, the LBOT held a Special Public Meeting to discuss alternative names for the meeting rooms A list of fifteen (15) male authors and eleven (11) females authors were considered, however the LBOT finally decided not to pursue naming the rooms after any authors to avoid further refection based on an author's background Instead, the LBOT decided to offer two (2) other alternatives to the RAPC They were as follows (continued) ATTACHED SUPPORTING DOCUMENTS- None DATE, 1 � i\ 1o! of Library & Cable Services DATE: Jeff t$ rt, -City Manager 1I )" 0 or— 1 5 Background & Discussion continued 15` Alternative -- -Name the four (4) rooms after the surrounding street names where the Library is located a) The Manposa Room, b) The Richmond St Room; c)The Palm Room, and d) The Main St Room 2nd Alternative -- -Name the four (4) rooms as Conference Room A, Conference Room B, Conference Room C, and Conference Room D. At the April 20, 2005, RAPC meeting, the above proposed alternatives were not approved and a sub - committee of two (2) LBOT members, Janelle Grigsby and Kay Coonan, plus two (2) RAPC members, Debbie Bundy and Margie Randall were appointed by the Chairs of each group to fudge a "Naming of the Library Meeting Rooms" contest during the month of May 2005 Contest rules & forms were placed in the El Segundo Herald for three (3) weeks, and forms were also available at the Library Reference Desk and at the Joslyn Center Forty (40) people submitted one hundred and ninety (190) names for the meeting rooms On June 7, 2005, the sub - committee selected seven (7) names from the list of 190, plus chose an additional name not submitted for the contest, the Gazebo Room The final four (4) choices were- a) The Blue Butterfly Room; b) The Sand Dune Room, c) The Gazebo Room, and d) The Rose Garden Room The sub - committee decided on 4 (four) alternative names related to high personal goals and values The alternative choices were e) The Imagination Room, f) The Integrity Room, g) The Knowledge Room, and h) The Truth Room The above names were approved by the RAPC on June 15, 2005 and by the LBOT at their July 12, 2005, meeting Staff recommends Council select the first 4 (four) names from the 8 (eight) choices above After the 4 (four) names are selected by Council, the winners of the contest will be announced and given their awards at a reception for the new rooms ��c5 EL SEGUNDO CITY COUNCIL MEETING DATE: July 19, 2005 AGENDA ITEM STATEMENT AGENDA HEADING: Committees, Commissions & Boards AGENDA DESCRIPTION: Consideration and possible action amending the Operating Agreement for management of the El Segundo Senior Citizen's Housing Corporation between the City of El Segundo and the El Segundo Senior Citizen's Housing Corporation Board of Directors RECOMMENDED COUNCIL ACTION. (1) Approve an amendment to the El Segundo Senior Housing Board's Operating Agreement to increase purchasing authorization by the Senior Housing Board up to $10,000, (2) Alternatively, discuss and take other action related to this item The Operating Agreement between the City of El Segundo and the El Segundo Senior Citizen's Housing Corporation for management of the Park Vista Senior Housing Facility was entered into on May 6, 1986 The Agreement gives the Corporation responsibility for operating and maintaining the facility Pursuant to Paragraph 5 2 1 of the Agreement, however, no disbursement by the Corporation necessary for the operation and maintenance of the facility may exceed $1,000 unless specifically authorized by the City Council This $1,000 figure dates back to 1986 and, as a result of inflation, is becoming impractical. In order to expedite the timely operation and maintenance of the facility, and in order to avoid numerous requests for City Council authorization of operation and maintenance expenses, the City Council is being asked to consider amending the Operating Agreement to increase the maximum allowable disbursement to a number that more realistically reflects the cost of goods and services in today's marketplace At its regular meeting on June 22, 2005, the Senior Housing Board with support from current facility management, the Cadman Group, voted unanimously to recommend that the City Council increase the discretionary spending limit to $10,000 ATTACHED SUPPORTING DOCUMENTS: A Second Amendment to the Operating Agreement, number 1888, to increase the maximum dollar amount of disbursements for operation and maintenance expenses which may be authorized by action of the Housing Corporation Board of Directors without subsequent aoaroval by the Citv Council Operating Budget: NIA Amount Requested. NIA Account Number: NIA Project Phase: NIA Appropriation Required: Yes X_ No ORIG ATED By, DATE: Pete % 711 zZ (o 6 r n, Senior Housing Board President REVIEW DATE: ' I �, Jeff rt, City Manager n4b SECOND AMENDMENT TO AGREEMENT NO. 1888 BETWEEN THE CITY OF EL SEGUNDO AND THE EL SEGUNDO SENIOR CITIZENS HOUSING CORPORATION THIS FIRST AMENDMENT ("Amendment") is made and entered into this 19th day of July 2005, by and between the CITY OF EL SEGUNDO, a general law city and municipal corporation existing under the laws of California ( "CITY "), and the EL SEGUNDO SENIOR CITIZENS HOUSING CORPORATION, a California nonprofit public benefit corporation ( "CORPORATION") 1 Pursuant to Agreement No 1888, executed on or about May 6, 1986 ( "Agreement "), Section 5.2 1 is amended to read as follows. "In fulfillment of its duties under this Section, Corporation will purchase, or oversee the purchase of, such supplies, equipment and services as are necessary for the operation and maintenance of the Facility; provided, however, that no disbursement not approved by the City's City Council in the Plan of Operation for this purpose can be made in excess of Ten Thousand Dollars ($10,000) unless specifically authorized by the City Council, except that emergency repairs, involving potential or actual danger to life or property, or immediately necessary for the preservation and safety of the Facility or of its tenants, or required to avoid the suspension of any necessary service to the Facility, may be made by Corporation irrespective of the foregoing cost limitation. Notwithstanding this authority as to emergency repairs, it is understood and agreed that the Corporation will, if at all possible, confer with the City regarding every such expenditure before proceeding." 2 This Amendment may be executed in any number or counterparts, each of which will be an original, but all of which together constitutes one instrument executed on the same date 3 Except as modified by this Amendment, all other terms and conditions of the Agreement remain the same. [SIGNATURES ON NEXT PAGE] U�o IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written. CITY OF EL SEGUNDO Kelly McDowell, Mayor ATTEST Cindy Mortesen, City Clerk APPROVED A MARK D. By: 1 H Berger, City Attorney EL SEGUNDO SENIOR CITIZENS HOUSING CORPORATION Peter Freeman, President 6ji /} ! w¥ , ! � � !� , � �, n ; ■. ! ` � [ / §) ZZ } §! /�\r§!!`( !] §w � §�I� § |l�E =a |!; 012a!j, N��)!| .�_�_�,m ,[( �Q9.z( §. lzw ( ■`a�§ ; §�\, §; § §l�:� =, :`=§ �| |! :,| |) §] § § || xx !| §§§ |(( § \§§ § §§ ) ■ ;rrra :: : :Il :B!! ■i!! ;; ■!l,:Er § § � | ) j }! ;O }\ §\ §( / 0 )/ k\ \\ ; \ 7� 9 �k! || ;# | \# \ \��\ W. ) |, |) E |!A ,. ;lr f!!|i >§2 { / � \� � \( 9 §a2 � CITY OF EL SEGUNDO PAYMENTS BY WIRE TRANSFER 6/24/2005 THROUGH 7/7/2005 Date Payee Amount Description 6/29/05 Health Comp 73236 Weekly claims 6/24 6129105 IRS 177,615.98 Federal Taxes 6/29/05 Employment Development 35,576 67 State Taxes 7/7/05 Health Comp 8000 Weekly claims 7/1 7/7/05 Lane Donovan Golf Partners 19,350 10 Golf Course Payroll Transfer 6/24 - 7/7/05 Workers Comp Activity 28,181.23 SCRMA checks issued 261,536 34 DATE OF RATIFICATION. 7/19/05 TOTAL PAYMENTS BY WIRE: 261,536.34 Certified as to the accuracy of the wire transfers by -710105 Date -)J-0 Date Dat ✓ on actual expenditures is available in the City Treasurer's Office of the City of El Segundo U�.,i MINUTES OF THE REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, JUNE 21, 2005 — 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 Council Member Boulgarides Council Member Busch Council Member Jacobson - Present - Present - Present — Arrived at 5 45 p m - Present - Present City Attorney Mark Hensley announced that Council would be meeting in closed session pursuant to items identified on the agenda. 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 City of El Segundo v City of Los Angeles, et al., LASC No BS094279 Re Variance Application of City of Los Angeles, Department of Airports for Los Angeles International Airports; 1 Department of Transportation, State of California, Case No 2009060244 2 City of El Segundo v 2221 Park Place, LASC Case No BC319034 3 City of El Segundo v CTF2 Alaska, LASC Case No BC319033 4 Yeaton v City of El Segundo, LASC Case No BS096351 5. Chen v City of El Segundo LASC Case No YC049424 6 Bressi v City of El Segundo, LASC Case Nos BC288293 and 288292 7 Ward v City of El Segundo LASC Case No BC325247 CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code §54956 9(b). -0- potential case (no further public statement is required at this time), Initiation of litigation pursuant to Government Code §54956 9(c) -2- matters DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957) — 0 matter MINUTES OF THE REGULAR CITY COUNCIL MEETING JUNE 21, 2005 SPAGE NO 1 I 'I CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957 6) -0- matter CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956 8) -0- matter Council moved to open session at p.m SPECIAL MATTERS — 6 00 P M Interview of candidates for City Boards, Committees and Commission regarding Senior Citizen Housing Corporation Board and Planning Commission and potential appointment of members to the Boards, Committees and Commissions Interview will commence at approximately 6 00 p m, and will be held in the West Conference Room and are open to the public Council consenus to appoint Carol Wingate and Edna Freeman to the Senior Citizen Housing Corporation Board for full terms, expiring 6/30/09 and Marie Caron Fellhauer to the Planning Commission for a full term expiring 6/30/09 The interviews for the Library Board of Trustees and Investment Advisory Committee will be scheduled for 6 00 p.m, July 19, 2005, and the current positions on these two committees are extended until July 19`" or until filled, whichever first occurs Recruitment continues for positions on remaining CCBs El Segundo Community Cable Advisory Committee and Capital Improvement Program Advisory Committee and interviews will be scheduled for October or November, 2005 Council recessed at 6 55 p m MINUTES OF THE REGULAR CITY COUNCIL MEETING JUNE 21, 2005 PAGE NO 2 UJJ MINUTES OF THE REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, JUNE 21, 2005 - 7 00 P M 7.00 P.M. SESSION CALL TO ORDER — Mayor McDowell at 7,00 p.m INVOCATION — Pastor Rich Reid of El Segundo Christian Church PLEDGE OF ALLEGIANCE — Council Member Carl Jacobson PRESENTATIONS — Council presented Commendations to the ESHS Baseball Team and Coaches, winners of the CIF Division IV Championship game Players Taylor Adlam, Gilbert Camacho, Albert Diaz, Robi Estrada, Tyson Hawley, Mitch Krug, Rey Lopez, Ryan Lopez, Austin Meick, Tyler Moon, Michael Quinones Michael Rice, Patrick Rooney, Patrick Shrum, Luis Vizaino Coaches John Stevenson, Bill Erickson, Craig Cousins, Gregg McMullin, Jack Cassette, Chuck Shaffer, Tim Richardson ROLL CALL Mayor McDowell Present Mayor Pro Tern Gaines Present Council Member Boulgandes - 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 El Segundo Boy Scout representatives, spoke regarding item 12, Pacifica District Cub Scout Soap Box Derby, and requested Council support Heidi Maerker, El Segundo Herald, spoke regarding item 17 and apologized for missing the publication of two City legal notices recently Also spoke regarding the Herald's back -up plan to ensure that this oversight did not happen again MINUTES OF THE REGULAR CITY COUNCIL MEETING JUNE 21, 2005 PAGE NO 3 036 Alan Mackenzie, Plaza El Segundo, spoke in favor of the Douglas Street Gap Closure Project Leonard Blakesley, Sr, Vice President Continental Development, spoke in support of the Douglas Street Gap Closure Project. Brad Millward, South Bay Masonic Lodge, spoke regarding item 10 and asked for Council support. Bill Mason, member of the Chamber and business community, spoke in support of the Douglas Street Gap Closure Project A PROCEDURAL MOTIONS Consideration of a motion to read all ordinances and resolutions on the Agenda by title only MOVED by Council Member Boulgandes, SECONDED Mayor Pro Tern Gaines read all ordinances and resolutions on the Agenda by title only MOTION PASSED BY UNANIMOUS VOICE VOTE, 5/0 B. SPECIAL ORDERS OF BUSINESS UNFINISHED BUSINESS Consideration and possible action with regard to the following items relating to the Douglas Street Gap Closure/Railroad Grade Separation Project ( "Project" PW 05 -06) Approved Capital Improvement Project. adopt a resolution authorizing execution of a lease agreement to secure California State Infrastructure Bank funds; approval of a Program Supplement for MTA Grant funding; appropriation of funds; and award of a construction contract to Sema Construction, Inc (Fiscal Impact $21,162,928) Jeff Stewart, City Manager Designee, gave a brief history and overview Steve Fenton, City Engineer, gave a report MOVED by Mayor Pro Tern Gaines, SECONDED by Council Member Boulgandes to California Infrastructure Bank — (1) Adopt Resolution No 4426 authorizing the Mayor to execute Facility and Site Lease Agreements with the California State Infrastructure and Economic Development Bank (California Infrastructure Bank) for the potential financing of the Project, Caltrans Program Supplement for MTA Grant Funding — (2) Approve Program Supplement Agreement No M003 to the Master State - Agency Agreement to set the terms and conditions for the receipt of MTA grant funds in the amount of $9,233,000 for the Project, MINUTES OF THE REGULAR CITY COUNCIL MEETING JUNE 21, 2005 PAGE NO 4 ')' 3 (3) Authorize the City Manager to execute Program Supplement Agreement No M003 on behalf of the City, Appropriations — (4) Appropriate Transportation Community System Preservation (TCSP) Funds in the amount of $937,433 for the Project, (5) Appropriate Federal Transit Administration (FTA) grant funds in the amount of $2,079,661 for the Project, (6) Appropriate MTA grant funds in the amount of $9,233,000 for the Project, (7) Appropriate Proposition C 25% funds in the amount of $500,000 for the Project; (8) Appropriate Surface Transportation Program Local TEA -21 (STPL) Funds in the amount of $500,000 for the Project, (9) Appropriate CIP savings in the amount of $111,698 for the Project, Appropriations for Contingency Funding — (10) Appropriate California Infrastructure Bank funding in the amount of $10,000,000 and Transportation Equity Act for the 215` Century (TEA -21 Demonstration Funds) funding in the amount of $4,000,000 upon outside agency approval of these funds MOTION PASSED BY UNANIMOUS VOICE VOTE 510 Council Member Busch left the dais due to a potential conflict of interest with regard to the location of his residence, regarding Capital Improvement Contingency Funding and the use Community Center funds MOVED by Mayor Pro Tern Gaines, SECONDED by Council Member Bouigandes to- (11) Appropriate all or a portion of the following funds, in the order listed, as needed in the event that California Infrastructure Bank funding and/or TEA -21 Demonstration Funds are not available for the Project- Water Enterprise Funds in the amount of $270,000, General Funds (CIP Savings) in the amount of $1,248, 652, Traffic Mitigation funds in the amount of $1,831,898, Proposition C funds in the amount of $600,000, Gas Tax Funds in the amount of $215,000 from funds currently appropriated to the five -Year Street Reconstruction Project, General Funds in the amount of $152,100 from funds currently appropriated in the Downtown Specific Plan, General Funds in the amount of $819,900 from the funds currently appropriated to the City Hall Remodel Project, General Funds in the amount of $5,945,500 from funds currently appropriated to the Community Center Project General Funds in the amount of $675,750 from funds currently appropriated to the Aquatics Master Plan, General Funds in the amount of $2241,300 from funds currently appropriated to the Fire Station No 2 Project (ail totaling $14,000,000). MINUTES OF THE REGULAR CITY COUNCIL MEETING JUNE 21, 2005 PAGE NO 5 038 MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0 Council Member Busch returned to the dais MOVED by Mayor Pro Tem Gaines, SECONDED by Council Member Busch to- Award of Construction Contract — (11) Award a construction Contract No 3391 to Sema Construction, Inc in the amount of $19,239,025 for construction of the Protect (PW 05 -06), (12) Authorize a 10% contingency for said contract in the amount of $1,923,903, (13) Authorize the City Manager to execute the contract on behalf of the City MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0 D. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS 2 Consideration and possible action regarding the announcement of the appointments of candidates to the following Committees, Commissions and Boards (CCBs). Senior Citizen Housing Corporation Board and the Planning Commission. Mayor McDowell announced the appointment of Carol Wingate and Edna Freeman to the Senior Citizen Housing Corporation Board for full terms, expiring 6/30/09 and Marie Caron Fellhauer to the Planning Commission for a full term expiring 6130/09 The interviews for the Library Board of Trustees and Investment Advisory Committee will be scheduled for 6:00 m., July 19, 2005, and the current positions on these two committees are extended until July 19 or until filled, whichever first occurs Recruitment continues for positions on remaining CCBs El Segundo Community Cable Advisory Committee and Capital Improvement Program Advisory Committee and interviews will be scheduled for October or November, 2005 E CONSENT AGENDA All items listed are to be adopted by one motion without discussion and passed unanimously If a call for discussion of an item is made, the item(s) will be considered individually under the next heading of business 3 Approved Warrant Numbers 2547693 on Register No 2547930 in the total amount of $649,698 96 and Wire Transfers from 5/27/2005 through 619/2005 in the total amount of $1,552,056 01 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 transers 4 Approved City Council Meeting Minutes of June 7, 2005 and Special City Council Meeting Minutes of May 20, 2005 MINUTES OF THE REGULAR CITY COUNCIL MEETING JUNE 21, 2005 PAGE NO 6 039 5 ITEM TABLED BY THE CITY MANAGER DESIGNEE UNTIL THE NEXT COUNCIL MEETING 6 Accepted the work as complete for the project for the City Library Interior Modifications (I 11 West Mariposa Avenue) — PW 03 -09 the work as complete, Approved Change Order No 1 in the amount of $24,329.25, Approved an appropriation in the amount of $16,493 from Developer Funds deposited for the Library, Authorized the City Clerk to file a Notice of Completion in the County Recorder's Office (Final Contract Amount $188,129 25) 7 Awarded Contract No 3392 to S &L Specialty Contracting Inc for construction related to the Residential Sound Insulation Program's Group 6 (38 residences) (Estimated construction cost and retention - $1,226,500) Authorized the City manager to execute a construction contract in a form approved by the City Attorney. 8 Approved the purchase order with John E Phillips Plumbing and Heating, Inc for emergency replacement of leaking hot water boilers at the Park Vista Senior Apartments at 615 East Holly Avenue (Fiscal Impact $16,500) 9 Approved request of the El Segundo Rotary Club to waive fees for city services associated with Movie in the Park (Fiscal Impact. $200) 10 PULLED FOR DISCUSSION BY COUNCIL MEMBER BOULGARIDES 11. Approved request and Special Event Permit of the El Segundo Police Officers Association for City Council's approval and support to close off the 100 to 600 blocks of Main Street for the Annual Car Show to be held on August 27, 2005 from 6 00 a m to 6 00 p m (Fiscal Impact $300) 12 Approved the waiver of fees for city services associated with the Pacifica District Cub Scout Soap Box Derby (Fiscal Impact $2,334) 13 PULLED FOR DISCUSSION BY MAYOR PRO TEM GAINES 14. Waived the formal bidding process pursuant to El Segundo Municipal Code Sec 1 -7 -10 and approve the City's use of competitively solicited U S Communities Contract #05Z00801 Authorized the issuance of a purchase order for 16 Vecta (manufacturer) Train computer tables through Tangram Interiors (authorized distributor and installers) in an amount not to exceed $26,600 15. Authorized the City Manager to sign a Designation of Applicant's Agent Resolution No. 4427 for the purpose of obtaining federal and state assistance under Public Law 93 -288 as amended, under the Robert T Stafford Disaster Relief Act and Emergency Assistance Act of 1988, and/or state financial assistance under the California Disaster Assistance Act (Fiscal Impact None) Designate the City Manager or Fire Chief or Emergency Services Coordinator as the city's designated agents to file claims for reimbursement with state and federal authorities MINUTES OF THE REGULAR CITY COUNCIL MEETING JUNE 21, 2005 PAGE NO 7 0 MOVED by Council Member Carl Jacobson, SECONDED by Jim Boulgandes to approve Consent Agenda Items 3, 4, 6, 7, 8, 9, 11, 12, 14, 15 MOTION PASSED BY UNANIMOUS VOICE VOTE 510 MAYOR PRO TEM GAINES ABSTAINING ON ITEM 4 SPECIAL MEETING MINUTES OF MAY 20, 2005 AS HE WAS ABSENT FROM THE MEETING CALL ITEMS FROM CONSENT AGENDA 10 Consideration and possible action regarding a special permit, per Municipal Code, Section 8- 8 -7(D) (2), the waiver of fees for city services associated with the South Bay Masonic Lodge's request for the city's co- sponsorship in the first Constitution Observance Day Festival to be held September 11, 2005 from 10.00 a m until 6 00 p m (Fiscal Impact: $2,080) Council consensus to have staff work with the South Bay Masonic Lodge to come up with an alternate plan that does not interfere with the present City 911 observance 13 Consideration and possible action regarding adoption of the National Initiatives, National Incident Management System (NIMS) and National Response Plan (NRP) These systems provide guidelines for local, regional and national coordination of mayor disasters (Fiscal Impact. None) Fire Chief Angelo gave a report and responded to Council questions MOVED by Mayor Pro Tern Gaines, SECONDED by Council Member Busch to adopt Resolution No 4428 adopting the National Initiatives, National Incident Management System (NIMS) and National Response Plan (NRP) MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0 F NEW BUSINESS G REPORTS — CITY MANAGER — NONE H REPORTS — CITY ATTORNEY — NONE REPORTS — CITY CLERK 16 Consideration and possible action regarding cancellation of the July 5, 2005 City Council Meeting MOVED by Mayor Pro Tern Gaines, and SECONDED by Council Member Boulgandes to cancel the July 5, 2005 City Council Meeting MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0 REPORTS — CITY TREASURER — Congratulated Mary Strenn on her retirement K REPORTS — CITY COUNCIL MEMBERS Council Member Boulgandes — Reported on the Beauty and the Beach Clean Up on July 16`h Thanked Mary Strenn for her guidance and leadership. MINUTES OF THE REGULAR CITY COUNCIL MEETING JUNE 21, 2005 PAGE NO 641 Council Member Busch — Reported on the upcoming July 4m event at the Recreation Park Council Member Jacobson — 17 Consideration and possible action directing staff to research and present alternative public notice procedures pertaining to Issues and Items requiring published legal notices Council consensus to direct staff to research available alternative procedures regarding public legal notices Mayor Pro Tern Gaines — NONE Mayor McDowell — 18 Consideration and possible action to amend the City's agreement with Cassidy & Associates and increase the contract by an amount not to exceed $1,700 /month through September 30, 2005 to represent the City's Interests regarding the LAAFB and the BRAC process in lieu of paying annual dues to the Los Angeles Air Force Base Regional Alliance (Fiscal Impact $5,100) Jeff Stewart, City Manager Designee, gave a report MOVED by Mayor McDowell, SECONDED by Council Member Boulgandes to approve Amendment #1 to the City's current Agreement No 3381 with Cassidy & Associates MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0 19 Consideration and possible action regarding a resolution appointing a new delegate to the South Bay Cities Council of Governments ( SBCCOG) MOVED by Mayor Pro Tern Gaines SECONDED by Council Member Jacobson to approve appointment of Council Member Busch as the new delegate to the SBCCOG and adopt Resolution No. appointing one delegate and one alternate to the South Bay Cities Council of Governments MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0 20 Consideration and possible action to support AB556 (Gordon) which seeks to codify regulations regarding airport noise standard and procedures for obtaining and renewing airport noises variances. MOVED by Mayor McDowell, SECONDED by Council Member Busch to approve the attached list of proposed amendments to the bill and authorize the Mayor to send a letter supporting the amended version of AB556 MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0 Mayor McDowell congratulated Mary Strenn on her retirement Welcomed the City Manager Designee Jeff Stewart MINUTES OF THE REGULAR CITY COUNCIL MEETING JUNE 21, 2005 PAGE NO 9 042) 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. Gall Church, Tree Muskateers, spoke regarding the next fiscal year tree budget MEMORIALS — Bob Tobiason, husband of Mona Tobiason, long time resident and city employee CLOSED SESSION - NONE ADJOURNMENT - at 8 18 p.m Cathy Domann, Deputy City Clerk MINUTES OF THE REGULAR CITY COUNCIL MEETING JUNE 21, 2005 PAGE NO 10 0 43 BILL NUMBER AB 556 INTRODUCED BY Assembly Member Gordon An act to add Article 6 (commencing with Section 21691) to Chapter 4 of Part 1 of Division 9 of the Public Utilities Code, relating to aeronautics THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS SECTION 1. Article 6 (commencing with Section 21691) is added to Chapter 4 of Part 1 of Division 9 of the Public Utilities Code , to read Article 6. Los Angeles International Airport Noise Standards Compliance 21691 (a) It is the intent of the Legislature that this article supplement, exclusively for the Los Angeles International Airport, the noise standards established by the department pursuant to Section 21669 (b) For purposes of this article, the following terms have the following meanings (1) "Airport" means the Los Angeles International Airport_ (2) "Daily community noise equivalent level" means the noise equivalent level, measured in decibels, that represents the average daytime noise level during a 24 -hour day, adjusted to an equivalent level to account for the lower tolerance of people to noise during evening and nighttime periods relative to the daytime period The community noise equivalent level is to be calculated from the hourly noise levels using the formula adopted in Section 5001 of Title 21 of the California Code of Regulations (3) "Department" means the Department of Transportation (4) "Department of Airports" means the Department of Airports, City of Los Angeles (5) "Incompatible land uses" means a land use that is for any of the following purposes (A) Residences, including single- family detached dwellings, multifamily dwellings, high -rise apartments or condominiums, modular housing, and mobilehomes, unless one of the following conditions exists (i) —F, az` . An avigation easement for aircraft noise has been acquired by the Department of Airports The Department of Airports shall not require residents to grant avigation easements as a condition of or in exchange for acoustic insulation The Department of Airports shall instead provide fair market value compensation for all avigation easements it acquires (u) The dwelling unit was in existence at the same location prior to January 1, 1989, and has adequate acoustic insulation to ensure an interior daily community noise equivalent level due to aircraft noise of 45 decibels or less in all habitable rooms However, acoustic treatment alone does not convert residences having an exterior daily community noise equivalent level of 75 decibels or greater due to aircraft noise to a compatible land use if the residence has an exterior normally occupiable private habitable area such as a backyard, patio, or balcony �4 Page 1 of 5 (iii) The residence is a high -rise apartment or condominium having an interior daily community noise equivalent level of 45 decibels or less in all habitable rooms due to aircraft noise, and an air circulation or air - conditioning system as appropriate. (iv) The Department ef Ai:rperts has made a genuine effeEt, as determined by the depaEtment In. apee�danpe with adepted land use e..uv._____ -., _____ ___________ _..i____. to ____ __ da±ly _. -- -(-v -} The residence is owned by the Department of Airports (B) Public and private schools of standard construction for which a naep±ga -t- gan avigation easement for noise has not been acquired by the Department of Airports, or that do not have adequate acoustic performance to ensure an interior daily community noise equivalent level of 45 decibels or less in all classrooms due to aircraft noise The Department of Airports shall not require schools to grant avigation easements as a condition of or in exchange for acoustic insulation The Department of Airports shall instead provide fair market value compensation for all avigation easements it acquires. (C) Hospitals and convalescent homes for which a- -nav-r an avigation easement for noise has not been acquired by the Department of Airports, or that do not have adequate acoustic performance to provide an interior daily community noise equivalent level of 45 decibels or less due to aircraft noise in all rooms used for patient care The Department of Airports shall not require hospitals and convalescent homes to grant avigation easements as a condition of or in exchange for acoustic insulation The Department of Airports shall instead provide fair market value compensation for all avigation easements it acquires (D) Churches, synagogues, temples, and other places of worship for which a nav±ga�±eean avigation easement for noise has not been acquired by the Department of Airports, or that do not have adequate acoustic performance to ensure an interior daily community noise equivalent level of 45 decibels or less due to aircraft noise The Department of Airports shall not require churches, synagogues, temples, and other places of worship to grant avigation easements as a condition of or in exchange for acoustic insulation The Department of Airports shall instead provide fair market value compensation for all avigation easements it acquires. (6) "Local government agency" means a county, city, whether general law or chartered, city and county, town, municipal corporation, a district of any kind, including a school district, or any other local or regional political subdivision, or any department, division, bureau, office, board, commission, or other agency of any of the foregoing (7) "Noise impact area" means those portions of the areas contiguous to an airport that are sub3ected to a daily average noise level of more than 65 decibels resulting from aircraft, as measured on the community noise equivalent level, and has incompatible land uses within the noise impact area boundary (8) "Noise impact area boundary" is the locus of points around an airport for which the annual daily community noise equivalent level is equal to 65 dB CNELt::;. of T± c.- c --vic d-anad , '— �^-^r [Question in the interest of clarity, would it be Page 2 of 5 possible to make sim3.lar changes throughout the ball so that it refers to the actual standard set by the department rather than the department's regulations? Also, let's d3.scuss whether it would be possible to add a single event noise standard for incompatibility.] (9) "Noise level" means the amount of noise, as measured in decibels, of an A- weighted sound pressure level, measured using the slow dynamic characteristic for sound level meters specified in the American National Standard Specification for Sound Level Meters (ANSI S1 4 -1983 as revised by ANSI S1.4A -1985) (10) "Noise standards established by the department pursuant to Section 21669" means the airport noise standards adopted by the department in Section 5012 of Title 21 of the California Code of Regulations in effect on January 1, 2006 21691 2 The Department of Airports shall not operate the airport if the airport has a noise impact area, unless the Department of Airports has applied for and received a variance in accordance with Section 21691 4 [Note this provision could be interpreted as being inconsistent with section 21691.8, below] 21691 4 {a) The Department of Airports shall request a variance for any noise impact area, for a period not exceeding three years as set forth in this section. (b) The procedures for requesting the variance are as follows (1) The Department of Airports shall apply to the department for a variance (2) An application for a variance shall be made upon a form that the department shall make available (3) The application shall set forth the reasons that support the necessity of a variance The application shall state the date by which the Department of Airports expects to achieve compliance with the requirement that there not be a noise impact area The application shall set forth an incremental schedule of noise impact area reductions for the intervening period (c) The department shall withhold its final determination with regard to an application for a variance to provide adequate time for notice to, and review and comment by, the general public, landowners, residents, interested groups, local governments, and other public agencies within the noise impact area of the airport (d) In granting any variance, the department shall be guided by the underlying policy that if the existing airport has a noise impact area the Department of Airports be required to develop and implement programs to reduce the noise impact area of the airport to an acceptable degree, in an orderly manner, over a reasonable period of time (e) The department may grant a variance if it determines that to do so would be in the public interest In weighing the public interest, the department's considerations include, but are not limited to, all of the following: (1) The economic and technological feasibility of complying with the noise standards set by regulation (2) The noise impact if the variance is granted (3) The value to the public of the services for which the variance is sought (4) Whether the Department of Airports is taking good faith measures to the best of its ability to achieve the noise standards established by the department pursuant to Section 21669 U40 Page 3 of 5 V. (5) Whether the Department of Airports has complied with the terms of the most recent variance granted by the department (f) The department, in granting a variance, may .impose reasonable conditions to achieve the purposes of Section 21669, as implemented by Chapter 6 (commencing with Section 5000) of Division 2.5 of Title 21 of the California Code of Regulations, in effect on January 1, 2006 21691 6 (a) On its own motion, upon the request of a person residing or owning property within a noise impact area, or upon the request of a local government agency whose geographical jurisdiction is within a noise impact area, the department shall hold a public hearing in accordance with the Administrative Procedure Act (Chapter 5(commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code) on the application for a variance [Note: some people living outside of the 65 CNEL contour consider themselves to be noise impacted and are currently eligible for sound insulation Under this provision, they would not be eligible to request a hearing Is that the intent of the bilk] (b) Upon establishment of a hearing date pursuant to subdivision (a), the Department of Airports shall mail notice of the hearing to landowners, residents, interested groups, local governments, and other public agencies within, or otherwise associated with, the noise impact area of the airport for which the variance is sought. The Department of Airports shall also publish notice of a hearing in at least one newspaper of general circulation that serves subscribers in the area in which both the airport and the noise impact area are located The notice shall include, but is not limited to, the information specified in Section 65094 of the Government Code (c) (1) The Los Angeles County Board of Supervisors may declare the airport to have a noise problem, by the adoption of a resolution to that effect and forwarding the resolution to the department In making the determination that the airport has a noise problem, the Los Angeles County Board of Supervisors shall do all of the following [Note. LA County has already declared LAX to have a noise problem - this language could be interpreted as requiring another such determination (A) Review relevant information, including the record of complaints made about aircraft related noise and litigation filed by residents of the area regarding airport related noise (B) Investigate the existence of a noise impact area (C) Coordinate with and give due consideration to the recommendations of the county regional planning commission acting pursuant to Section 21670.2 (2) The Los Angeles County Board of Supervisors or its authorized designee may require the Department of Airports, upon finding that a noise problem exists, to establish a program of noise monitoring pursuant to standards and procedures established by the department in regulation. (d) The failure of any person or entity to receive notice pursuant to this section or pursuant to procedures established by the department does not constitute grounds for any court to invalidate an action of the department for which notice was given in accordance with this section (e) The Department of Airports shall make the variance application and related documents available for public review and comment. Any A t7�n Page 4 of 5 person may obtain from the department information on a pending request for a variance 21691.8. If the department has granted a variance and the Department of Airports determines that it cannot within the term of that existing variance achieve compliance with Section 5012 of Title 21 of the California Code of Regulations, in effect on January 1, 2006, the Department of Airports shall request a new variance at least 30 days before the termination date of the existing variance A variance requested pursuant to this section is subject to Sections 21691 4 and 21691 6 If the Department of Airports makes a timely application pursuant to this section, the existing variance shall continue in effect until the department acts on that application SEC 2 The Legislature finds and declares that, because of the unique circumstances applicable only to the Los Angeles International Airport, and the need to provide more tamely relief to homeowners and other property owners from harmful noise and adverse impacts associated with airport operations, a statute of general applicability cannot be enacted within the meaning of subdivision (b) of Section 16 of Article IV of the California Constitution. Therefore, this special statute is necessary SEC 3 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. P \ELSEGON \MAT1 \AB556 \AB556 (E1 Segundo proposed changes) doc 0s46 f) ) Page 5 of 5 81� EL SEGUNDO CITY COUNCIL MEETING DATE: July 19, 2005 AGENDA ITEM STATEMENT AGENDA HEADING: Consent AGENDA DESCRIPTION. Consideration and possible action regarding the annual adoption of the City's Investment Policy RECOMMENDED COUNCIL ACTION* 1) Adopt City's Investment Policy as submitted 2) Alternatively, discuss and take other action related to this item BACKGROUND & DISCUSSION: The Investment Policy of a local agency, by State law, must be adopted annually by its legislative body. The Policy presented herewith for consideration and adoption has no changes from that which was approved last year ATTACHED SUPPORTING DOCUMENTS: Recommended Investment Policy and attachments FISCAL IMPACT: None ORIGINATED BY: DATE- 06 /28/05 Ralph E Lanphere, City Treasurer z a Gr c._ 4 . / City Manager AJ City of El Segundo Investment Policy 10 Polrcy: It is the policy of the City of El Segundo to invest public funds in a prudent manner with the primary objectives of, in priority order, safety, liquidity and yield, and in conformance with all state and local statutes governing the investment of public funds 2.0 Scope This investment policy applies to all funds invested on behalf of the City of El Segundo These funds are accounted for in the City of El Segundo's Comprehensive Annual Financial Report and include- 21 Funds 2.11 General Fund 2 1 2 Special Revenue Funds 2.13 Capital Project Funds 2.14 Enterprise Funds 2.15 Trust and Agency Funds 2.1.6 Debt Service Fund 30 Prudence When investing, reinvesting, purchasing, acquiring, exchanging, selling, and managing public funds, the City Council, Treasurer and other persons authorized to make investment decisions on behalf of the City, shall act with the care, skill, prudence, and diligence under the circumstances then prevailing, that a prudent person acting in a like capacity and familiarity with those matters would use in the conduct of funds of a like character and with like aims, to safeguard the principal and maintain the liquidity needs of the City 3.1 The standard of prudence to be used by investment officers shall be the "prudent investor" standard and shall be applied in the context of managing an overall portfolio of money and investments that belong to the public. Investment officers acting in accordance with written procedures and the investment policy and exercising due diligence shall be relieved of personal responsibility for an individual security's credit risk or market price changes, provided deviations from expectations are reported in a timely fashion and appropriate action is taken to control adverse developments J 0 07105 4.0 Objective: The primary objectives, in priority order, of the City of El Segundo's investment activities shall be. 41 Safety Safety of principal is the foremost objective of the investment program, Investments of the City of El Segundo shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio To attain this objective, the City shall only invest in high quality securities and it shall diversify its investments in order that potential losses on individual securities do not exceed the income generated from the remainder of the portfolio so as not to harm the City's cash flow and principal The City shall also structure its portfolio so as to prevent the need to sell securities prior to maturity and it shall not take short positrons, that is, selling securities that the City does not own 42 Liquidity The City of El Segundo's investment portfolio will remain sufficiently liquid to enable the City of El Segundo to meet all operating requirements which might be reasonably anticipated 43 Returns on investment. The City of El Segundo's investment portfolio shall be designed with the objective of attaining a return throughout budgetary and economic cycles, taking into account the City of El Segundo's investment risk constraints and the cash flow characteristics of the portfolio 5.0 Delegation of Authority. Authority to manage the City of El Segundo's investment program is derived from the following State of California Government Code Section 53600 et seq Management responsibility for the investment program is therefore delegated to the City Treasurer, who shall establish written procedures for the operation of the investment program consistent with this investment policy. Procedures should include reference to safekeeping, wire transfer agreements, collateral /depository agreements and banking service contracts Such procedures shall include explicit delegation of authority to persons responsible for investment transactions. No person may engage in an investment transaction except as provided under the terms of this policy and the procedures established by the City Treasurer The City Treasurer shall be responsible for all transactions undertaken and shall establish a system of controls to regulate the activities of subordinate officials 6.0 Authorized Financial Dealers and Institutions. The City Treasurer shall transact business only with banks, savings and loans, state and federal credit unions, and securities dealers. The Treasurer shall select and maintain a current list of broker /dealers, as defined by Corporations Code Section 25004, authorized to provide the City investment services This list of broker /dealers shall be included in the Treasurer3s monthly investment report to the City Council The broker /dealers shall meet the requirements of Government Code Section 53635.5 and Securities & Exchange 07/05 651 7.0 E1' M Commission Rule 240.15c3 -1 (uniform net capital rule) The Treasurer shall keep on file with the City an audited financial statement for each authorized broker /dealer's last complete fiscal year Each authorized broker /dealer shall execute an acknowledgement that it has read the City =s current Investment Policy and that it will abide by the terms and conditions of the Policy Additionally, each such broker /dealer shall complete the questionnaire attached hereto. City funds shall only be placed in and invested with depositories that meet the requirements of Government Code Sections 53630 et seq Authorized & Suitable Investments. The City of El Segundo is empowered by California Government Code Section 53600 et seq to invest in the following types of securities pursuant to the limits imposed by said statute. (A copy of Govemment Code Sections 53601 and 53601.6 are attached and by reference herein incorporated). Of such permitted investments, City funds may be invested, subject to the maturity and percentage restrictions contained in Government Code Section 53601 and 536016, as amended from time to time, as set forth below 71 Permitted Investments/Deposits 71.1 Securities of the U S Government 71,2 Certificates of Deposits 713. Negotiable Certificates of Deposit 71.4. Bankers Acceptances 71.5 Commercial Paper 7.16 Local Agency Investment Fund (LAIF) 71.7 Time deposits 7.1.8. Mutual Funds 71.9 Medium Term Notes 7110, County Pooled Funds Collateralization: Collateralization will be required on certificates of deposit pursuant to Government Code Sections 53652 through 53667 Collateral will always be held by an independent third party with whom the City has a current custodial agreement A clearly marked evidence of ownership (safekeeping receipt) must be supplied to the City and retained. Safekeeping and Custody All security transactions entered into by the City of El Segundo shall be conducted on a delivery - versus - payment (DVP) basis pursuant to Government Code Section 53601 Except for certificates of deposit, securities shall be held by a third party custodian designated by the Treasurer and evidenced by safekeeping receipts pursuant to Government Code Section 53608. 07/05 100 Diversification. The City of El Segundo will diversify its investment by security type and institution. With the exception of U.S Treasury securities and authorized pools, no investment shall be made in contravention of Government Code Sections 53601 and 536016 or which will cause more than 50% of the entity's total investment portfolio to be invested in a single security type or with a single financial institution. 11.0 Maximum Maturities To the extent possible, the City of El Segundo will attempt to match its investments with anticipated cash flow requirements. The City will not directly invest in securities maturing more than five (5) years from the date of purchase pursuant to Government Code Section 53601 12.0 Internal and External Control The Treasurer shall establish internal control procedures such that daily investment activity is being reviewed by the Director of Finance These procedures shall provide adequate internal controls to insure compliance with this Investment Policy and state law The procedures shall be reviewed annually by an independent external auditor If the City deposits funds in County Treasuries for investment by County Treasurers, the City Treasurer shall review the statements and reports generated pursuant to Government Code Sections 164812, 27133, 27134 and 53684 for each County in which the City has deposited funds Based upon the review process, the Treasurer shall on a quarterly basis provide a written report to the City Council summarizing any failure by the County Treasuries to comply with state law or their own investment policies and any significant investment activity by the County Treasuries If any particular investment is downgraded, the Treasurer and Director of Finance will review and determine if a change in that particular investment must be made The City Council shall establish a periodic independent external audit of the City's compliance with this Investment Policy 13.0 Reportin g The Treasurer shall file a monthly report, which states its relationship to the Statement of Investment Policy This report mush be filed with the City Manager and the City Council and comply with Government Code Sections 53607, 53646 and 53684 The General elements of the monthly reports include, but are not limited to, the following_ a Type of investments. b Issues c Date of maturity 07(05 053 d Par and dollar amount invested e Current market value of securities with maturity in excess of twelve months f Rate of interest. g. Statement relating the report to the Statement of Investment Policy Statement that there are sufficient funds to meet the next 6 month's obligations County pool investment report List of current authorized broker /dealers List of all investments not held by a third party custodian and the reason they are not placed with a third party custodian. The Treasurer shall provide the California Debt and Investment Advisory Commission (CDIAC) with second and forth quarter investment portfolio reports in order to comply with Assembly Bill 943 (AB943 ) These reports must state the financial assets of the City and contain the information detailed in Government Code section 53646(b) The reports must be filed with the CIDAC within 60 days after the close of the second and forth quarters of each calendar year 14.0 Investment Advisory Committee The City has established an Investment Advisory Committee (IAC) comprised of the City Treasurer, the Administrative Services Director, an El Segundo Resident (Council appointed) and a member of the investment community (Council appointed) The IAC shall be provided with copies of the monthly reports identified in Section 13 The IAC shall meet the third Tuesday at the end of each quarter to discuss the City's investments and shall communicate in writing any concerns or comments it has with respect to the City =s investments or this Investment Policy to the City Council 15.0 Ethics and Conflicts of Interest. All participants in the City's investment process shall seek to act responsibly as custodians of the public trust. The City Treasurer, or when appropriate the Deputy City Treasurer, shall avoid any transaction that might impair public confidence in the City's ability to govern and manage the investment of public funds in an effective manner The City Treasurer, Deputy City Treasurer, or other official charged with the responsibility of making investment decisions shall have no vested interest in any investment being made involving public funds of the City, and shall gain no financial benefit from such investment decisions. invest2003 07/05 U' J Glossary Agency. A debt security issued by a federal or federally sponsored agency. Federal agencies are backed by the full faith and credit of the U.S Government Federally sponsored agencies (FSAs) are backed by each particular agency with a market perception that there is an implicit government guarantee An example of federal agency is the Government National Mortgage Association (GNMA) An example of an FSA is the Federal National Mortgage Association (FNMA) Basis point. A basis point equals one one - hundredth of 1% ( 01 %). Book value. The value at which a security is carried on the inventory lists or other financial records of an investor This value may be the original cost of acquisition of the security, or original cost adjusted by the amortization of a premium or accretion of a discount. The book value may differ significantly from the security's current value in the market. Broker. A broker brings buyers and sellers together for a commission paid by the initiator of the transaction or by both sides; he does not position or take ownership of the security Certificate of Deposit (CD). A deposit of funds, in a bank or savings and loan association, for a specified term that earns interest at a specified rate or rate formula. Collateralization. Process by which a borrower pledges securities, property or other deposits for the purpose of securing the repayment of a loan and /or security. Coupon rate. Interest rate, expressed as a percentage of par or face value, that issuer promises to pay over lifetime of debt security Current yield (Current Return). A measure of the simple interest annual yield for interest- bearing investments with maturities of one year or more. To calculate the current yield, the annual coupon interest income is divided by the amount paid to acquire the investment. It is important to note that the current yield is only accurate for investments purchased at par. The current yield calculation includes lust one income cash flow —the annual interest income It ignores the profit or loss resulting from discounts and premiums. Custody. The service of an organization, usually a financial institution, of holding (and reporting) a customer's securities for safekeeping The financial institution is known as the custodian Delivery versus payment (DVP). A settlement procedure where payment for a securities purchase is made simultaneously with the transfer of the purchased securities The same procedure applies for a securities sale; the securities are transferred as payment is made Discount. The difference between the cost price of a security and its value at maturity when quoted at lower than face value A security selling below original offering price shortly after sale also is considered to be at a discount 07/05 _ 61:3 -5 Discount securities. Securities that do not pay periodic interest. Investors earn the difference between the discount issue price and the full face value paid at maturity Treasury bills, bankers' acceptances and most commercial paper are issued at a discount Diversification. Dividing investment funds among a variety of securities, offering independent returns, to reduce risk inherent in particular securities Federal Agency Securities. A variety of securities issued by several Federally sponsored agencies. Some are issued on a discount basis and some are issued with coupons. Several have the full faith and credit guarantee of the U S government, although others do not. Federal Deposit Insurance Corporation (FDIC). A federal agency that insures bank deposits, currently up to $100,000 per deposit. Federal funds (Fed Funds). Funds placed in Federal Reserve banks by depository institutions in excess of current reserve requirements These depository institutions may lend fed funds to each other overnight or on a longer basis They may also transfer among each other on a same -day basis through the Federal Reserve banking system. Fed funds are considered to be immediately available funds Fed Funds Rate. Interest rate charged by one institution lending federal funds to another Federal Home Loan Bank (FHLB). The institutions that regulate and lend to savings and loan associations The Federal Home Loan Banks play a role analogous to that played by the Federal Reserve Banks vis-a-vis member commercial banks Federal Home Loan Mortgage Corporation ( FHLMC). A U S Corporation and instrumentality of the U S government Through its purchases of conventional mortgages, it provides liquidity to the mortgage markets, much like FNMA FHLMC's securities are highly liquid and widely accepted FHLMC assumes and guarantees that all security holders will receive timely payment of principal and interest Federal National Mortgage Association (FNMA). FNMA, like GNMA was chartered under the Federal National Mortgage Association Act in 1938 FNMA is a federal corporation working under the auspices of the Department of Housing & Urban Development, H.U.D. It is the largest single provider of residential mortgage funds in the United States Fannie Mae, as the corporation is called, is a private stockholder -owned corporation The corporation's purchases include a variety of adjustable mortgages and second loans in addition to fixed -rate mortgages FNMA assumes and guarantees that all security holders will receive timely payment of principal and interest Federal Reserve System. The central bank of the United States created by Congress and consisting of a seven - member Board of Governors in Washington, D C, 12 Regional Banks and about 5,700 commercial banks that are members of the system. Government National Mortgage Association (GNMA or Ginnie Mae). Securities guaranteed 7 07/05 L;JU by GNMA and issued by mortgage bankers, commercial banks, savings and loans associations and other institutions. Security holder is protected by full faith and credit of the U S. Government Ginnie Mae securities are backed by FHA, VA or FMHM mortgages. The term pass - through is often used to describe Ginnie Maes. Liquidity. The quality of an asset that permits it to be converted quickly into cash without a significant loss of value. Local Agency Investment Fund (LAIF). A special fund in the State Treasury which local agencies may use to deposit funds for investment and for reinvestment. It offers high liquidity can be converted to cash in 24 hours and no interest is lost. All interest is distributed to those agencies participating on a proportionate share determined by the amounts deposited and the length of time they are deposited. Market Value. The price at which a security is currently being sold in the market Maturity Date. The specified day on which the issuer of a debt security is obligated to repay the principal amount, or face value, a security. Par Value. The stated or face value of a security expressed as a specific dollar amount marked on the face of the security, the amount of money due at maturity Par value should not be confused with market value Primary Dealer. A group of government securities dealers that submit daily reports of market activity and positrons and monthly financial statements to the Federal Reserve Bank of New York and are subject to its informal oversight Primary dealers include Securities and Exchange Commission (SEC), registered securities broker - dealers, banks, and a few unregulated firms. Prudent Person Rule. A standard of conduct where a person acts with care, skill, prudence, and diligence when investing, reinvesting, purchasing, acquiring, exchanging, selling and managing funds The test of whether the standard is being met is if a prudent person acting in a similar situation would engage in similar conduct to ensure that investments safeguard principal and maintain liquidity Rate of Return. The amount of income received from an investment, expressed as a percentage A market rate of return is the yield that an investor can expect to receive in the current interest - rate environment utilizing a buy- and -hold to maturity investment strategy Safekeeping. A procedure where a third party acting as custodian for a fee holds securities Secondary Market. Markets for the purchase and sale of any previously issued financial instrument The first sale of a financial instrument by the original issuer is said to be done a primary market All subsequent trades are said to be secondary market. Settlement Date. The date on which a trade is cleared by delivery of securities against funds The date may be the same date as the trade date or later 07105 J5! Total return. Interest income paid on the invested principal, plus interest income earned from the successive reinvestment of that income, plus projected capital gains (or minus losses) on the investment. Differs from yield to maturity because (1) it can include gains or losses from sales prior to maturity, and (2) it permits the assumption of a reinvestment rate different from the yield earned on the underlying principal Trade Date. The date on which a transaction is initiated or entered into by the buyer and seller Treasury Bills. Short-term U.S government non - interest bearing debt securities with maturities of no longer than one year and issued in minimum denominations of $10,000. Auctions of three - and six -month bills are weekly, while auction of one -year bills are monthly The yields on these bills are monitored closely in the money markets for signs of interest rate trends. Treasury Notes. Intermediate U.S government debt securities with maturities of one to 7 years Treasury Bonds. Long -term U.S government debt securities with maturities of 10 years or longer. Currently, the longest outstanding maturity is 30 years Yield. Loosely refers to the annual return on an investment expressed as a percentage on an annual basis. For interest - beanng securities, the yield is a function of the rate, the purchase price, the income that can be earned from the reinvestment of income received prior to maturity, call or sale and the time from purchase to maturity, call or sale Different formulas or methods are used to calculate yield. See Yield to Maturity and Total Return Analysis Yield-to-maturity. The rate of return yielded by a debt security held to maturity when both the interest payments and investor's potential capital gain or loss are included in the calculation of the return. 07/05 Ua� EL SEGUNDO CITY COUNCIL MEETING DATE: July 19, 2005 AGENDA ITEM STATEMENT AGENDA HEADING. Consent AGENDA DESCRIPTION: Consideration and possible action regarding the re- appointment of Elyse Rothstein to the South Bay Workforce Investment Board (SBWIB) RECOMMENDED COUNCIL ACTION: (1) Ratify the El Segundo Chamber of Commerce re- nomination and appointment of Elyse Rothstein, to Seat #18 of the SBWIB; (2) Request City Clerk to forward a certified copy of the Council's action to the SBWIB, (3) Alternatively, discuss and take other action related to this item BACKGROUND & DISCUSSION: The South Bay Workforce Investment Board (SBWIB), f /k/a South Bay Private Industry Council ( "PIC "), provides guidance for programs administered under the Federal Workforce Investment Act, under a Joint Powers Agreement (JPA), for the eight cities of El Segundo, Gardena, Hawthorne, Hermosa Beach, Inglewood, Lawndale, Manhattan Beach and Redondo Beach The JPA is the instrument that allows the cities to pool and utilize available federal funds Pursuant to the amended JPA dated May 16, 2002, Section 3, Sub -Part 3 of Section 4 of Agreement No 83 -100 requires that each of the SBWIB member cities shall appoint at least two private- sector employers, to serve on the SBWIB as representatives of their respective cities' private sector businesses The process specified by the JPA requires that nominees originate from a business group Historically, the chambers of the member cities are the business group The chambers nominate a business representative to the SBWIB, which nomination is then ratified by the respective city councils On June 15, 2004, the City Council ratified the nomination and appointment of Dennis DiPasquale, to Seat #10, one of the two El Segundo seats on the SBWIB On August 17, 2004 the City Council ratified the nomination and appointment of Elyse Rothstein, to Seat #18, the second of two seats on the SBWIB to the unexpired term of Joe Harding, ending June 30, 2005 The attached letter dated June 22, 2005, from the El Segundo Chamber of Commerce reflects the re- nomination of Elyse Rothstein to continue serving on the SBWIB for a 4 -year term from July 1, 2005 to June 30, 2009 ATTACHED SUPPORTING DOCUMENTS: Letter request from the El Segundo Chamber of Commerce, dated June 22, 2005 FISCAL IMPACT: Ni Operating Budget: Amount Requested- Account Number- Project Phase. Yes _ No ORIGINATED. DATE• July 12, 2005 Julia O eu, Executive Assistant V� 1 L&sJ EL SEGUNDO CITY COUNCIL MEETING DATE. July 19, 2005 AGENDA ITEM STATEMENT AGENDA HEADING Consent Calendar AGENDA DESCRIPTION Consideration and possible action regarding a Resolution providing for salary and benefit changes to Chapter 1 A2 (Management - Confidential Series) of the El Segundo Administrative Code and a Resolution updating The Nationwide Retirement Solutions Governmental Deferred Compensation Matching Plan and Trust Plan, Fiscal Impact $418,500 over 3 years RECOMMENDED COUNCIL ACTION 1) Adopt the attached Resolutions, 2) Alternatively discuss and take other action related to this Item BACKGROUND & DISCUSSION Executive Management and Mid- Management/Confidential job classifications are periodically reviewed by the City Council for possible salary and /or benefit adjustments The last salary increase received by this group of unrepresented employees was 2 3 %, effective June 26, 2004 At Council's direction, staff initiated the review process for July 1, 2005 salary and /or benefit adjustments starting in April 2005 Adoption of the attached Resolution providing for changes to Chapter 1A2 (Management - Confidential Services) of the El Segundo Municipal Code would result in the following- - continued on next page - ATTACHED SUPPORTING DOCUMENTS 1. Resolutions 2 Attachment A, Salary Tables FISCAL IMPACT $418,500 over 3 years Operating Budget Amount Requested $418,500 Account Number Various Protect Phase. Appropriation Required X Yes _ No (FY 2005 -2006 through 2007 -2008 adopted budgets) ORIGINATED REVIEWED BY DATE July 7, 2005 Agenda 534 1 l u6 0 BACKGROUND & DISCUSSION (CONTINUED) CHANGES EFFECTIVE 6/2512005 1 A 4 0% salary increase for all executive management, mid- management/confidential employees, with the exception of the Battalion Chiefs, Administrative Battalion Chief and City Manager 2 A 7 0% salary increase for Battalion Chiefs and Administrative Battalion Chief 3 The City will annually contribute an additional 1 5% of employee's salary to employee 401(A) deferred compensation accounts The City currently annually contributes I% of employees' salary 4 An increase in the sick leave accrual payout upon separation, with a minimum of 5 years service in El Segundo, from 50% to 80% 5 An increase in the vacation cash -in option from 50% of annual accrual to 100% of annual accrual Employees may exercise their cash -in option up to two times per calendar year 6. Battalion Chiefs and the Administrative Battalion Chief possessing Chief Officer Certification from the Office of the State Fire Marshal shall receive certification pay in an amount equal to 2% of base salary per month 7. Battalion Chiefs and the Administrative Battalion Chief will be eligible to receive up to 8% "contingency compensation" subject to the same provisions contained in Memoranda of Understanding with the Firefighters Association, Police Officers Association and Police Managers Association. 8 Battalion Chiefs and the Administrative Battalion Chief will receive an increase of 8 hours of bereavement leave, for a maximum total of 48 hours, or two shifts CHANGES EFFECTIVE 6/2412006 1 A 4 0% salary increase for Battalion Chiefs and Administrative Battalion Chief 2 A 3 0% increase in Chief Officer Certification Pay, for a total Certification Pay of 5% CHANGES EFFECTIVE 612312007 1 A 3 0% salary increase for Battalion Chiefs and Administrative Battalion Chief 2 Battalion Chiefs and Administrative Battalion Chief, upon obtaining a Master's degree from an accredited college or university, shall receive education incentive compensation in an amount equal to 6% of base salary per month FISCAL IMPACT The fiscal impact of these changes effective 6/25/2005 is $293,100 The fiscal impact of these changes effective 6/24/2006 is $54,850 The fiscal impact of these changes effective 6/23/2007 is $70,550 The attached Resolution updating The Nationwide Retirement Solutions Governmental Deferred Compensation Matching Plan and Trust Plan reflects the increase in the City's matching contribution from I% to 2 5% of employees salary 0 6 RESOLUTION NO. A RESOLUTION PROVIDING FOR SALARY AND BENEFIT CHANGES TO CHAPTER IA2 (MANAGEMENT - CONFIDENTIAL SERIES) OF THE EL SEGUNDO ADMINISTRATIVE CODE The City Council of the City of El Segundo does resolve as follows SECTION 1 Section 1A2 010 of the Administrative Code, entitled "Basic Salary Schedule," as listed in the attached "Attachment A," is amended as follows A Effective with the payroll period beginning June 25, 2006, salary range numbers 60f and 62f of the `Basic Salary Schedule" will be amended to reflect a salary increase of 4% B Effective with the payroll period beginning June 24, 2007, salary range numbers 60f and 62f of the `Basic Salary Schedule" will be amended to reflect a salary increase of 3% SECTION 2 Section IA2 115 2 of the Administrative Code, entitled "Educational Incentive," is amended to add the following language Effective July 1, 2007, Battalion Chiefs and Administrative Battalion Chief, upon obtaining a Master's degree from an accredited college or university, shall receive Educational Incentive Compensation in an amount equivalent to 6% of base salary per month SECTION 3 Section I A2 120 of the Administrative Code, entitled "Deferred Compensation Plan", is amended to add the following language The City will annually pay an amount equal to the employee's contribution to deferred compensation up to a maximum of 2 5% of the employees total pay, for all Management - Confidential employees participating in City approved deferred compensation plans SECTION 4 Section 1A2122, entitled "Contingency Compensation ", shall be added to the Administrative Code as follows Battalion Chiefs and Administrative Battalion Chief will be provided up to 8% additional salary over the four -year period, 2005 -2008 contingents upon new business license revenues and new net sales tax revenues (collectively "New Revenues ") New revenues are defined as business license revenues and sales tax revenues generated from businesses entering and doing business in the City for the first time after September 30, 2003 and does not include businesses doing business in the City as of September 30, 2003 that expand or transfer locations within the City or consolidate their business from locations outside the City to within the City, or new businesses that are formed after September 30, 2003 but are controlled or owned (majority interest) by businesses located in the City as of September 30, 2003, or mergers and acquisitions that in any way involve businesses that were located in the City as of September 30, 2003 even if the resulting entity is an entity that was not located in the City as of September 30, 2003 6 6131 Additionally, financial incentives of any type whatsoever to any business generating New Revenues and payments the City is required to make to any entity based upon the providing of such incentives shall be deducted from the New Revenues for purposes of determining the amount of revenues eligible for the contingent payments contemplated hereunder The City agrees that any tax sharing/reduction agreement it enters into will be undertaken in good faith and will not be used as a pretext to avoid payment of the contingency increase New sales tax revenue will be determined by confirming with the City's sales tax consultant a list of new sales tax producers generated after September 30, 2003 and evaluated at the end of each fiscal year For purposes of this Agreement "new sales tax producers" shall mean the same thing as new businesses, as described above. Any new sales tax counted toward the 10% contingency will be net of any revenue or offsetting costs that may be required by, or as a part of, a development or other tax sharing agreement The Association agrees that it will not interfere with or otherwise impede the City's ability to enter into a tax sharing/reduction agreement or similar arrangement with new businesses Contingency is cumulative and any eligible revenue generated beginning in year one will be designated to the contingency over the four -year period, 2005 -2008. Battalion Chiefs and the Administrative Battalion Chief receive a 1% compensation increase for each $120,000 in increased new revenue (as described above) Increases will be pro -rated as necessary The determination regarding funding for these increases will be made following the receipt of revenue figures for the applicable fiscal year Contingency is capped at 4 0% each year beginning with the October 2005 payment date Although contingency increases, if any, will be effective on the first day of the first pay period in October of each year (beginning October 2005 and ending after any payment due is made for the October payment of 2008), the actual payment may be delayed due to the need to determine available funding (see above) and the processing of the appropriate payroll documents SECTION 5 Section lA2 123, entitled "Chief Officer Certification ", shall be added to the Administrative Code as follows Battalion Chiefs and Administrative Battalion Chief, upon obtaining Chief Officer Certification from the Office of the State Fire Marshal, shall receive Certification Compensation in an amount equivalent to 2% of base salary per month Effective July 1, 2006, Chief Officer Certification Pay will be increased by an additional 3 %, for a total Certification Pay of 5% SECTION 6 Section IA2 135 of the Administrative code, entitled "Sick Leave Accrued— Payment Of, On Disability Retirement or Separation From the City ", is amended to read as follows In the event an employee regulated by this Chapter while in the City's employ, and who has been employed by the City for 5 or more years in a full -time position, disability retires under the California Public Employees Retirement System or separates from the City with unused Sick Leave to his or her credit, he or she shall be compensated in an amount equal to eighty percent of the value of such Sick Leave based upon his or her current salary at the time of retirement or separation without the inclusion of overtime pay or additional compensation SECTION 7 Section 1 A2 146 of the Administrative Code, entitled "Vacation Time Accrual —Payment In Lieu of', is amended to read as follows G6 /4 Management - Confidential employees who have completed one year of service may receive cash payment in lieu of accrued vacation time up to a maximum of one hundred percent of the annual accrual to which they are entitled by length of service SECTION 8 Section I A2 148 of the Administrative Code, entitled `Bereavement Leave —Personal Emergencies — Immediate Family Defined ", is amended to read as follows A Bereavement Leave In the case of death in the "immediate family" of the employee or the employee's spouse, a maximum of 24 hours bereavement leave with pay may be granted per incident A maximum of 40 hours bereavement leave with pay maybe granted per incident when the funeral /memonal service is 500 or more miles from City Hall For Battalion Chiefs and Administrative Battalion Chief, a maximum of four days (which shall be defined as two shifts or 48 hours) bereavement leave with pay may be granted per incident B Immediate Family Defined For the purposes of this section, "immediate family" shall mean the children, parents, grandparents and siblings of the employee, the employee's spouse or significant other SECTION 9 The City Clerk will certify to the passage and adoption of this resolution; 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 records of the proceedings of the City Council of said City, in the mmutes of the meeting at which the same is passed and adopted. SECTION 10 This resolution will remain effective until superseded by a subsequent resolution SECTION 11 This Resolution will become effective immediately upon adoption PASSED AND ADOPTED this 19th day of July, 2005 Kelly McDowell, Mayor ATTTEST Cindy Mortesen, City Clerk APPROVED A O Mark D Hens o t By arl H Berger, Assistant City Yton v6J CITY OF EL SEGUNDO PROPOSED SALARY TABLES MANAGEMENT /CONFIDENTIAL GROUP EFFECTIVE PAYROLL BEGINNING JUNE 25, 2005 GRADE STEP A STEP B STEP C STEP D STEP E 1m 1,87702 1,97204 2,071 87 2,17676 2,28696 2m 1,92394 2,021 34 2,12367 2,231 18 2,34413 3m 1,97204 2,071 87 2,17676 2,286.96 2,402 74 4m 2,021 34 2,12367 2,231 18 2,344 13 2,46281 5m 2,071 87 2,17676 2,28696 2,40274 2,52438 6m 2,12367 2,231 18 2,344 13 2,46281 2,58749 7m 2,176,76 2,28696 2,40274 2,52438 2,652 17 8m 2,231 18 2,344 13 2,46281 2,58749 2,71848 9m 2,28696 2,40274 2,52438 2,65217 2,78644 10m 2,34413 2,46281 2,58749 2,71848 2,85610 11m 2,40274 2,52438 2,652 17 2,78644 2,92750 12m 2,46281 2,58749 2,71848 2,85610 3,00069 13m 2,524 38 2,652 17 2,78644 2,927,50 3,07571 14m 2,58749 2,71848 2,856 10 3,00069 3,15260 15m 2,652 17 2,78644 2,92750 3,07571 3,23142 16m 2,71848 2,85610 3,00069 3,15260 3,31220 17m 2,78644 2,92750 3,07571 3,23142 3,39501 17msp 2,805.44 2,94747 3,09668 3,25345 3,41816 18m 2,856 10 3,00069 3115260 3,31220 3,47988 19m 2,92750 3,07571 3,231 42 3,39501 3,56688 20m 3,00069 3,15260 3,312 20 3,47988 3,65605 21m 3,07571 3,231 42 3,395 01 3,56688 3,747,45 22m 3,15260 3,31220 3,479 88 3,65605 3,841 14 23m 3,23142 3,39501 3,566 88 3,74745 3,93717 24m 3,312 20 3,47988 3,65605 3,841 14 4,03560 25m 3,39501 3,56688 3,74745 3,937 17 4,13649 26m 3,47988 3,65605 3,841 14 4,03560 4,23990 27m 3,56688 3,74745 3,937 17 4,13649 4,34590 28m 3,65605 3,841 14 4,035 60 4,23990 4,45454 29m 3,74745 3,937 17 4,136 49 4,34590 4,56591 30m 3,841 14 4,03560 4,23990 4,45454 4,68005 31M 3,937 17 4,13649 4,34590 4,56591 4,79705 31 rasp 3,86901 4,06488 4,27066 4,48687 4,71401 32m 4,03560 4,23990 4145454 4,68005 4,91698 33m 4,13649 4,34590 4,56591 4,79705 5,03991 34m 4,23990 4,45454 4,68005 4,91698 5,16590 35m 4 34590 4,56591 4,79705 5,03991 5,29505 36m 4,45454 4,68D 05 4,91698 5,16590 5,42743 37m 4 565 91 4,79705 5,03991 5,29505 5,563 11 38m 4,68005 4,91698 5,165 90 5,42743 5,702 19 39m 4,79705 5,03991 5,29505 5,563 11 5,84475 40m 4,91698 5,16590 5,42743 5,702 19 5,99086 41m 5,03991 5,29505 5,563 11 5,844 75 6,14064 42m 5,16590 5,42743 5,702 19 5 990 86 6,294 15 43m 5,29505 5 563 11 5,844 75 6,14064 6,451 51 44m 5,42743 5,702 19 5,99086 6,294 15 6,61279 45m 5,563 11 5,844 75 6,14064 6,451 51 6,77811 46m 5,702 19 5,990 86 6,294 15 6,61279 6,947 57 47m 5,84475 6,14064 6,45151 6,77811 7,12126 iib11 ,e��.nhiCnI A CITY OF EL SEGUNDO PROPOSED SALARY TABLES MANAGEMENTfCONFIDENTIAL GROUP EFFECTIVE PAYROLL BEGINNING JUNE 25, 2005 GRADE STEP A STEP B STEP C STEP D STEP E 48m 5,99066 6.29415 6,61279 6,947.57 7,29929 49m 6,14064 6,45151 6,77811 7,12126 7,48177 50m 6,29415 6,612.79 6,94757 7,29929 7,66881 51M 6,45151 6,77811 7,121 26 7,481 77 7,86053 52m 6,61279 6,94757 7,29929 7,66881 8.05705 53m 6,77811 7,121 26 7,481 77 7,86053 8,25847 54m 6,94757 7,29929 7,66881 8,05705 8,46493 55m 7,121 26 7,481.77 7,86053 8,25847 8,67656 56m 7,29929 7,66881 8,05705 8,46493 8,89347 57m 7,481 77 7,86053 8,25847 8,67656 9,11581 58m 7,66881 8,05705 8,46493 8,89347 9,34370 59m 7,86053 8,258.47 8,67656 9,11581 9,57730 60m 8,05705 8,46493 8,89347 9,34370 9,81673 61m 8,25847 8,67656 9,11581 9,577 30 10,062 15 62m 8,46493 8,69347 9,34370 9,816 73 10,313 70 63m 8,67656 9,11581 9,57730 10,062 15 10,571 54 64m 8,89347 9,34370 9,81673 10,313 70 10,835 83 65m 9,11581 9,57730 10,06215 10,57154 11,106,73 66m 9,34370 9,81673 10,313 70 10,835 83 1 1,384 40 67m 9,57730 10,062 15 10,571 54 11,106 73 11,669 01 68m 9,81673 10,313 70 10,835 83 11,384 40 11,960 73 69m 10,062 15 10,571 54 11,106 73 11,669 01 12,259 75 70m 10,313 70 10,835 83 11,384 40 11,960 73 12,566 24 71m 10,571 54 11,106 73 11,669 01 12,25935 12,880 40 72m 10,835 83 11,384 40 11,960 73 12,566 24 13,202 41 73m 11,106 73 11,669 01 12,259 75 12,880 40 13,532 47 74m 11,384 40 11,960 73 12,566 24 13,202 41 13,870 78 75m 11,669 01 12,259 75 12,880 40 13,532 47 14,217 55 76m 11,960 73 12,566 24 13,202 41 13,870 78 14,572 99 77m 12,259 75 12,880 40 13,532 47 14,217 55 14,937 31 78m 12,566 24 13,202 41 13,870 78 14,572 99 15,310 75 79m 12,880 40 13,532 47 14,217 55 14,937 31 15,693 52 80m 13,202 41 13,670 78 14,572 99 15,310.75 16,085 85 60f 8,28946 8,709 12 9,15001 9,61323 10,099 90 60fco 8,45525 8,88330 9,33301 9,50550 10,301 90 62f 8,709 13 9,15003 9,613 25 10,099 92 10,611 22 62fco 8 883 30 9 333 01 9,505 50 10,301 90 10,823 45 69f 10,062 16 10,571 56 11 106 74 11,669 02 12,259 76 70p 10,313 70 10 835 83 11,384 73 11,960 73 12 56624 70p -m 10,829 39 11,377 62 11,953 61 12,558 77 13,194 55 061 RESOLUTION NO. A RESOLUTION ADOPTING SOLUTIONS GOVERNMENTAL I PLAN AND TRUST (PLAN). III:l Z MlT[W►s.YT�1�ls7 �7� ui I COMPENSATION MATCHING 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 of El Segundo is an "employer" for purposes of the Internal Revenue Code, B The City adopted a Deferred Compensation Plan which is available to all eligible employees pursuant to Internal Revenue Code ( "IRC ") § 457, C Certain tax benefits accrue to employees participating in said Deferred Compensation Plan, D The City wishes to provide an additional incentive to its employees to voluntarily set aside and invest portions of their current income to meet their future financial requirements and supplement their existing retirement programs(s), E Nationwide Retirement Solutions, Inc (NRS) provided the City with a specimen plan document (the NRS Governmental Deferred Compensation Matching Plan and Trust), F It is in the public interest for the City to attract and retain employees of the highest caliber in order to provide and maintain high standards of service SECTION 2• The Nationwide Retirement Solutions Governmental Deferred Compensation Matching Plan and Trust ( "Plan") is adopted The Plan will be maintained for the exclusive benefit of eligible employees and their beneficiaries SECTION 3 The City Manager is authorized to execute all documents and make any additional administrative decisions or determinations to implement the Plan The City Manager or Director of Administrative Services, or designee, are named trustees for the Plan SECTION 4 The City of El Segundo Deferred Compensation Matching Plan ( "Matching Plan") is adopted The City Manager or Director of Administrative Services or designee is authorized to execute all documents and make any additional administrative decisions or determinations to implement the Matching Plan. SECTION 5 The employer's contribution for the Plan and Matching Plan will match an employee's annual contribution to the employee's 457 plan up to two and one -half percent (2-1/2%) of the annual total pay SECTION 6 Management /Confidential employees, eligible under the City's Deferred Compensation Plan are also eligible for the Plan and Matching Plan SECTION 7 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 8 This Resolution will become effective immediately upon adoption and remain effective unless repealed or superseded PASSED AND ADOPTED this 19th day of July 2005 Kelly McDowell, Mayor 6 ) STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I, Cindy Mortesen, City Clerk of the City of El Segundo, California, hereby certify that the whole number of members of the City Council of the City is five; that the foregoing Resolution No. was duly passed and adopted by said City Council, approved and signed by the Mayor of said City, and attested to by the City Clerk of said City, all at a regular meeting of said Council held on the day of , 2005, and the same was so passed and adopted by the following roll call vote: AYES: NOES ABSENT ABSTAIN- yYW1V�YiA Cindy Mortesen, City Clerk APPROVEXAAS TO. Mar k D l C A LW Farl H. Berg Assistant CI y Attorney ViO EL SEGUNDO CITY COUNCIL AGENDA ITEM STATEMENT MEETING DATE: July 19, 2005 AGENDA HEADING: Consent Consideration and possible action regarding authorization to amend and extend the existing professional services agreement and to Issue a purchase order to Prosum, Inc, to provide Information Systems consulting & support services (Fiscal Impact $30,000) RECOMMENDED COUNCIL ACTION: (1) Authorize the City Manager to amend and extend professional services agreement, as approved to form by the City Attorney with Prosum, Inc., for Information Systems network consulting & support services and issuance of blanket purchase order, not to exceed $30,000. (2) Alternatively discuss and take other action related to this item. BACKGROUND & DISCUSSION: The City has utilized the services of Prosum, Inc and Kenny Lee as consultant, for user support Mr Lee is a Microsoft Certified Systems Engineer (MCSE), and has the "CompTIA A +" support certification Information Systems staff is requesting to continue his consulting services to the City and having him assist them with ongoing technology projects and support Network consulting services will be provided on an hourly basis at a rate of $45 /hour for an estimated 32 hours per week, not to exceed $30,000. ATTACHED SUPPORTING DOCUMENTS• ➢ Scope of Services FISCAL IMPACT: Operating Budget, $30,000 Amount Requested: $30,000 Account Number: 001 -400- 2505 -6214 Project Phase- Appropriation Required, _ Yes x No ORIGINATED BY. DATE. n `7 V 1 a I Rrat M Ph imiaa r)irartnr Ariminictrntiva Ranriroq n `7 V 1 a of Services Prosum Consultant, under the day to day direction of the Administrative Services Department, will support the City of El Segundo. The Prosum Consultant assigned to these tasks is required to have at least 3 years experience performing similar tasks, will have a history of interfacing professionally with all levels of management. Prosum will have references to verify his/her ability to work efficiently with minimum direction Basic responsibilities and include processing work orders, troubleshooting MS Office, troubleshooting common PC problems, deploying Laptops, PCs, and software Additional capabilities in networking, Active Directory and Exchange design and configuration will be used as needed. The Prosum Consultant will fill out a weekly time sheet and require the signature of his supervisor to validate that all hours are accurate and approved for payment as well as all work documented for those hours was completed to the satisfaction of the City. The Prosum Consultant's schedule will be determined by an agreement between both parties. The Consultant will be backed up by remote support when needed. Prosum will have a backup Consultant, familiar with the environment, to fill in for the primary Consultant if necessary ii 7 2 EL SEGUNDO CITY COUNCIL MEETING DATE- July 19, 2005 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Aoenda Consideration and possible action to approve Amendment No. 2 to the City -Shell Pipeline Company reimbursement agreement and to approve a reimbursement agreement with Crimson California Pipeline Company for relocation of Pipelines for the Douglas Street Gap Closure Project. (Fiscal Impact = $ 70,000 in addition to the previously approved $500,000). RECOMMENDED COUNCIL ACTION Recommendation — (1) Approve Amendment No 2 to the City -Shell Pipeline reimbursement agreement, (2) Approve reimbursement agreement between the City and Crimson Pipeline (3) Authorize the City Manager to execute Amendment No 2 and the reimbursement agreement on behalf of the City, (4) Alternatively, discuss and take other action related to this item. BACKGROUND & DISCUSSION- (Background and discussion on the next page....) ATTACHED SUPPORTING DOCUMENTS 1- City -Shell reimbursement agreement with Amendment No 1 and proposed Amendment No 2 2- Proposed City - Crimson reimbursement agreement 3- Project location Map FISCAL IMPACT: $70,000 Operating Budget: No Capital Improvement Program Amount Requested. $70,000 Account Number 301 - 400 - 8203 -8949 Project Phase. Construction ORIGINATED BY, DATE: St ve Finton, Public Works Director -7 050719 Douglas - pipeline Amend 2 ■ 7 ,3 BACKGROUND AND DISCUSSION CONTINUED On March 18, 2003 the City Council approved a reimbursement agreement for an estimated $500,000 with Shell Pipeline Company for relocation of Shell's two oil pipelines, (one 8" diameter and one 10" diameter) within the protect site Subsequently, the City executed Amendment No 1 to this agreement which provided an option to allow the City's contractorto include Shell's relocation work in the project bid This option was later found to be not feasible due to the complexity of contractual relationships between the City, the City's contractor and Shell, Shell has now notified the City that the 10" crude oil pipeline was recently purchased by Crimson Pipeline Company Staff's discussion with both Shell and Crimson has resulted in the relocation work to be conducted by Shell and Crimson concurrently in the same trench to minimize the cost However, both Shell and Crimson have required the City to enter into separate reimbursement agreements The proposed Amendment No 2 to the City -Shell agreement will provide for Shell to relocate its 8" fuel line at an estimated cost of $270,000 This amendment will also void Amendment No 1, which is no longer applicable The proposed City - Cnmson Pipeline Agreement will provide for Crimson to relocate its 10" crude oil line at an estimated cost of $300,000 The total cost of $570,000 to relocate the two oil lines is $70,000 above the previously approved amount of $500,000 This increase is due to increased labor and material costs experienced since the original agreement was executed GI 7 4 AMENDMENT NO. 2 TO THE CITY OF EL SEGUNDO — SHELL PIPELINE COMPANY LP REIMBURSEMENT AGREEMENT DATED March 18, 2003 A Revise first paragraph of the reimbursement agreement to read as follows By letter dated July 24, 2002, the city of El Segundo ( "City ") notified Shell of its plan to extend Douglas Street, north of Rosecrans Avenue to Alaska Avenue, by means of construction a grade separation structure at the Metro Green Line Station and Burlington Santa Fe Railroad tracks The project will necessitate the relocation of an 8" petroleum pipeline owned by Shell as shown on CITY's 100% design plan drawing nos U -2 and U -3 attached hereto collectively as Exhibit °A" B Revise the first sentence in the second paragraph to read as follows SHELL is prepared to relocate the pipeline subject to the following C Revise the estimate amount in item No 1 to $270,000 D Amendment No 1 executed by the City on January 27, 2005 is hereby cancelled E All other items and conditions of the original March 18, 2003 agreement, not conflicting with this amendment, will remain the same IN WITNESS WHERE OF, this Agreement has been duly executed by the parties hereto in El Segundo, California CITY •u'.► CITY OF EL SEGUNDO SHELL PIPELINE COMPANY LP By Jeff Stewart City Manger Date Attested Cindy Mortesen City Clerk APPROVED AS TO FORM Mark D Hensley City Attorney By_ Title Date W 115 ESTIMATE ESTIMATE OF CONSTRUCTION COST PROJECT Douglas Street Relocation of 10" Ventura Crude & 8" LAX Products EST NO 2 AFE# P 02134 PREPARE[ BY Dave Fel er DATE 6 /22/05 SHEET I OF I NO CAPITAL EXPENSE TOTAL ITEM REQ'D UNITS DESCRIPTION srONrr Ex ENSIGN S11R11T I ExrENSIO» COST MATERIAL 1 560 im Ft 8 625 "0 D x 322" Wall X-42 Coated with Pntec 16 8960 8960 2 2 ea 8 6250 D Std Wall Grid B 45 3R elbow 600 1200 1200 3 2 ea 8 625'0 D Std Wail Grd B 90 3R elbow 750 1500 1500 4 t lot FIELD COATING 5000 5000 5000 5 Soo lin Ft WARNING MESH 1 800 800 6 7 lot MISC FITTINGS 2000 2000 2000 TOTAL MATERIAL 19460 LABOR 520 lin Ft Labor to fabricate 8" 185 96200 95200 1 lot X -ray 6000 6000 6000 1 lot Hydrotest 3rd parry 1500 1500 1500 30 days Inspector w/ vehicle 400 12000 12000 1 lot Line drain 8" 15000 15000 15000 1 lot Engineering 20000 20000 20000 1 lot Dmftrng 5000 5000 5000 440 lin Ft Remove /Dispose old 8" pipe 70 30800 30800 TOTALLABOR 186500 ENTER CAPITAL CONTINGENCY % 1000% ENTER EXPENSE CONTINGENCY % 1000% 17516 ADMTNISTRA17ON OVERHEAD 2000% 41192 TOTAL CAPITAL TOTAL EXPENSE 264,668 TOTAL CAPITAL ROUNDED TO TOTAL EXPENSE ROUNDED TO 265,000 GRAND TOTAL $265,000 SAY $270,000 0 76 6/22/05 Douglas St Reloc 2005 Est AS 1 of 1 0 13 3 '1 .1 5 ,-e E`,- 9 .� ,_ Shell Pipeline Company LP 20945 S Wilmington Avenue Carson, CA 90810 -1039 MAR 3 y Ol; Phone 310 - 816 -2056 Fax 310-816 -2235 PUBLIC WORnc ENGINEERING February 26, 2003 REIMBURSEMENT AGREEMENT FOR PIPELINE RELOCATION DOUGLAS ST. GAP CLOSURE, INTERMODAL TRANSIT CENTER & RAILROAD GRADE SEPARATION PROJECT By letter dated July 24, 2002, the City of El Segundo ( "CIT)M notified SHELL of its plans to extend Douglas Street, north of Rosecrans Avenue to Alaska Avenue, by means of constructing a grade separation structure at the Metro Green Line Station and Burlington Santa Fe Railroad tracks. The Project will necessitate the relocation of two petroleum pipelines owned by SHELL as shown on CITY'S 100% design plan drawing nos. U -2 and U -3 attached hereto collectively as Exhibit "A" SFEELL. is prepared to relocate these pipelines subject to the following As hereinafter provided, CITY hereby shall pay SHELL, the actual cost of all materials, inspection, oversight necessary to complete the relocation, including but not limited to contract labor, inspection, company labor, vehicles and other equipment, materials (at replacement cost), plus a fee equivalent to 20% of the direct costs incurred by SHELL for completing the work for general office administration and other indirect costs ( "administrative overhead") The estimated cost of the Project is $500,000.00 as indicated on the "Estimate of Construction Cost" attached hereto as Exhibit `B" SHELL will use its best efforts to commence the work and complete it within 60 days of receipt of a signed copy of this letter, final construction drawings showing a new pipeline alignment acceptable to SHELL, along with acceptable easement or franchise rights, as applicable CITY shall acquire or provide said rights as needed, in advance of construction, at City's sole expense. Any new easements acquired by CITY on SHELL's behalf shall be on an easement form provided by or approved by SHELL in advance CITY's acceptance of this letter agreement will evidence CITY's concurrence in 's employing a qualified pipeline contractor of its choice on a force account or bid basis for the work. 4 Within a reasonable period of tune after 's work is completed, SHELL will furnish CITY anth an itemized statement of 's actual cost and CITY shall pay SHELL the full amount withm 60 days of receipt of said invoice 077 SHELL will provide CITY with as -built drawings within 90 days of completion of said Protect INDEPENDENT CONTRACTOR. CITY and SHELL agree that SHELL will act as an independent contractor and SHELL will have control of all work and the manner in which it is performed SHELL is not an agent or employee of CITY and is not entitled to participate in any pension plan, insurance, bonus or sunilar benefits CITY provides for its employees Any provision in this Agreement that may appear to give CITY the right to direct SHELL as to the details of doing the work or to exercise a measure of control over the work means that SHELL will follow the direction of the CITY as to end results of the work only AUDIT OF RECORDS SHELL agrees that CITY, or its designee, has the right to review, obtain, and copy all records pertaining to the performance of this Agreement. SHELL agrees to provide CITY, or designee, with any relevant information requested and will permit CITY, or designee, access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with this Agreement. SHELL further agrees to maintain such records for a period of three (3) years following final payment under this Agreement. SHELL will keep all books, records and accounts and documents pertaining to this Agreement separate from other activities unrelated to ttus Agreement 8. INDEMNIFICATION CITY agrees to indemnify and hold SHELL, its employees, agents and independent contractors, free and harmless from any liability whatsoever, based or asserted upon any act or ormssion of CITY, its officers, agents and independent contractors of any kind or nature relating to or arising from the construction of the Douglas Street Undercrossing Project within its property or rights of way, save and except claims or litigation arising through the alleged negligence or willful misconduct of SHELL or SHELL's use of CITY property or rights of way. CITY agrees that SHELL will not be liable for any damage to the surface of the land, plants, grass, shrubbery, trees or any other improvements resulting from or relating to the work defined in this Agreement, except that SHELL will be liable and must indemnify CITY from and against any liabilities, claims, and costs resulting either from the activities of SHELL employees, agents or contractors or from spillage, release or discharge of petroleum products or other hazardous substance from the pipelines. U I t„1 31 3 5 o INSURANCE. Before commencing performance under this Agreement, and at all other times this Agreement is effective, SHELL will procure and maintain the following types of insurance with coverage hiuits complying, at a rnmimum, with the limits set forth below Type of Insurance Commercial general liability Business automobile liability Workers compensation Limits (combined single) $1,000,000 $1,000,000 Statutory requirement Commercial general liability insurance must meet or exceed the requirements of ISO -CGL Form No CG 00 01 11 85 or 88. The amount of insurance set forth above will be a combined single limit per occurrence for bodily injury, personal injury, and property damage for the policy coverage. Ltabihty policies will be endorsed to name C=, its officials, and employees as "additional insureds ", but only to the extent of the liabilities assumed hereunder by Shell under said insurance coverage, and to state that such insurance will be deemed "primary" such that any other insurance that may be carried by CITY will be excess thereto. Such insurance must be on an "occurrence," not a "claims made," basis and will not be cancelable or subject to reduction except upon thirty (30) days prior written notice to CITY. Automobile coverage will be comparable to an ISO Business Auto Coverage Form CA 00 01 06 92, including symbol l (Any Auto). SHELL will furnish to CITY duly authenticated Certificates of Insurance evidencing main enance of the insurance requited under this Agreement or endorsements as required herein as may be reasonably required by CITY from time to time Insurance must be placed with insurers with a current A M. Best Company Rating equivalent to at least a Rating of "A VII " Certificate(s) must reflect that the insurer will provide thirty (30) day notice of any cancellation of coverage. SHET.T. will require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to snail written notice of cancellation imposes no obligation, and to delete the word "endeavor" with regard to any notice provisions SHELL reserves the option to self - assume any insurance obhganons under this contract The election to self - assume these insurance options does not broaden or in any way change SHELL's responsibilities under the contract Should SHELL, for any reason, fad to obtain and maintain the insurance requited by this Agreement, CITY may obtain such coverage at SHELL's expense and deduct the cost of such insurance from payments due to SHELL under this Agreement or terminate 073 7,�� I. �l c v itiAwela This Agreement was drafted in, and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this agreement will be in Los Angeles County. 11 AUTHORITY /MODIFICATION The Patties represent and watrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Agreement and to engage in the actions described herein. This Agreement may be modified by wntten amendment CITY's city manager, or designee, may execute any such amendment on behalf of CITY AGREED TO AND ACCEPTED THIS 18th DAY OF March 2003 SHELL PIPELINE COMPANY LP mow- / CITY OF EL SEGO By ty Mang ,RsS ATTEST k-_ Cathy Don. nn, Deputy City Clerk 060 ESTIMATE ESTIM. c OF CONSTRUCTION COST PROJECT Douglas Street Relocation of 10" Ventura Crude &8" LAX Products FST NO 1 AFE# P 02134 P 02135 PREPARED BY Vinoe Eccleston DATE 03mro3 SHEer I OF I NO CAPITAL EXPENSE TOTAL 1TEM nEQ'D UNITS DESCRIPTION � i �M'r xxxe. vox � i mart axmxvax (� »'T MATERIAL 1 560 lin ft 10 75 "0 D X 365' Wall X -42 Coated with Pritec 15 8400 8400 2 560 lin ft 8 625 "0 D x 322' Wall X -42 Coated with Pritec 12 6720 6720 3 5 each 10 75'0 D Std Wall Grd 8 45 3R elbow 500 2500 2500 4 5 each 8 625 "0 D Std Wall Ord 8 45 3R elbow 250 1250 1250 5 1 lot FIELD COATING 5000 5000 5000 6 800 lin ft WARNING MESH 1 800 800 7 1 lot MISC FITTINGS 3000 3000 3000 TOTAL MATERIAL 26590 LABOR 1 520 hn ft Labor to fabricate 8' 166 85800 85800 2 520 hn ft Labor to fabricate 10' 245 127400 127400 3 2 lot X -ray 6000 12000 12000 4 2 lot Hydrotest 3rd party witness 2000 4000 4000 5 30 days Inspector w/ vehicle 600 18000 18000 6 1 lot Line dram/ purge 10° 15000 15000 15000 7 1 lot Line drain/ purge 8' 15000 16000 15000 8 1 lot Engineering 20000 20000 20000 9 1 lot Drafting/ Surveying 10000 10000 10000 10 440 8n ft Remove /Dispose old 8' pipe 60 26400 26400 11 440 Im ft Remove /Dispose old 10' pipe 60 26400 26400 TOTAL LABOR 360000 ENTER CAPITAL CONTMCENCT % 1000% ENTER EXPENSE CONTINOEIJCT % 1000% 33487 ADMINISTR =N OVERHEAD 2000% 72254 TOTAL CAPITAL TOTAL EXPENSE 493,411 TOTAL CAPITAL ROUNDED TO TOTAL EXPENSE ROUNDED TO 463,000 GRAND TOTAL 04631000 SAY $500,000 l) 81 Douglas St Reloc 2003 Est xis 1 Of 1 2121/03 3135A : •; AMENDMENT NO. 1 TO THE CITY OF EL SEGUNDO — SHELL PIPELINE COMPANY LP REIMBURSEMENT AGREEMENT DATED MARCH 18, 2003 A Add the following to Sections to the reimbursement agreement* 1 Shell Pipeline Company LP (SHELL) and the City of El Segundo (CITY) also agree that CITY may use its General Contractor to reimburse SHELL to relocate SHELL's pipelines CITY's General Contractor must reimburse SHELL for the relocation work It is understood that with this arrangement, SHELL will have a contractual relationship with the CITY's General Contractor and not with the CITY 2. CITY's General Contractor will deposit with Shell the amount of $500,000 which is the estimated cost for the proposed relocation of SHELL's pipelines CITY's General Contractor will be responsible for all Shell's construction costs including materials, labor, inspection, engineering oversight, regulatory documentation, plus 20% administrative overhead costs. CITY's General Contractor shall separately execute an Agreement (Exhibit "A ") with Shell which shall be included in the CITY's bid documents 3 Shell will commence preliminary engineering activities after receiving a written Notice to Proceed from the CITY Shell's preliminary engineering costs include design, drafting, field work, plus 20% administrative overhead costs. City shall be reimburse Shell for preliminary engineering costs on a monthly basis after receiving an invoice from Shell. B. All other items and conditions of the original March 18, 2003, agreement, not conflicting with this amendment, will remain the same. IN WITNESS WHERE OF, this Agreement has been duly executed by the parties hereto in El Segundo, California. CITY: CITY OF EL S UNDO By ary $tr ,ihnn City Manager Date- ATTESTED- City Mark D Hensl City Attomey ApTEmMlWngpmMlry /S. P?Mlnef Mpo yAgAe orb 031&M COMPANY: SHELL PIPELINE COMPANY LP By' Title- %41e)L'—�114 Date- v84w CRIMSON CALIFORNIA PIPELINE L.P. 2459 Redondo Avenue Long Beach, CA 90806 June 28, 2005 City of El Segundo Public Works Department Steven Finton, P E 350 Main Street Et Segundo, CA 90245 -3813 Dear Steven REIMBUREMENT AGREEMENT FOR PIPELINE RELOCATION DOUGLAS STREET GAP CLOSURE, INTERMODAL TRANSIT CENTER & RAILROAD GRADE SEPARATION PROJECT Crimson California Pipeline L P ("Crimson') is prepared to relocate its Ventura 10 -inch crude oil pipeline (the "Pipeline ") subject to the following Crimson will coordinate its design and construction activities with Shell Pipeline Company L.P ( "Shell ") to assure that the relocation of Crimson's pipeline occurs concurrently with the relocation of Shell's pipeline The City of El Segundo ( "CITY ") will deposit with Crimson the amount of $300,000 which is the estimated cost of the proposed relocation of Crimson's pipeline CITY will be responsible for all of Crimson's construction costs including but not limited to contract labor, vehicles and other equipment, materials (at replacement cost), plus a fee equivalent to 20% of the direct costs incurred by Crimson for completing the work for general office administration and other indirect costs ( "administrative overhead ") The estimated cost of the project is $300,000 as indicated on the "Estimate of Construction Cost" attached hereto as Exhibit "A" CITY shall acquire or provide Crimson with an easement or franchise rights for the relocated Crimson Pipeline as needed, in advance of construction, at CITY's sole expense Any new easements acquired or franchises granted by CITY on Crimson's behalf shall be on forms provided by or approved by Crimson in advance Crimson's contact for approval of easement or franchise forms is Tem Kenney (Phone 303 -534 -7716, email tkenney(c)cnmsonnn com) �8� 4 Crimson will use commercially reasonable efforts to commence the work and complete it within 60 days of receipt of all of the following- (a) a signed copy of this letter Agreement, (b) a signed copy of the Agreement between the CITY and Shell, (c) final construction drawings showing a new pipeline alignment acceptable to Crimson, (d) an acceptable easement or franchise rights, as indicated in Item 3 above, and (e) the deposit of funds into Crimson's designated bank account as indicated in Item 2 above 5 CITY's acceptance of this letter agreement will evidence CITY's concurrence in Crimson employing a qualified pipeline contractor of its choice on a force account or bid basis for the work 6. Within a reasonable period of time after Cnmson's work is completed, Crimson will furnish CITY with an itemized statement of Crimson's actual costs and Crimson shall reimburse CITY for any overpayment by CITY, or CITY shall pay Crimson for any excess cost above the amount previously paid to Crimson within 60 days of receipt of said invoice Crimson will provide CITY with as -built drawings within 90 days of completion of said project INDEPENDENT CONTRACTOR CITY and Crimson agree that Crimson will act as an independent contractor and Crimson will have control of all work and the manner in which it is performed Crimson is not an agent or employee of CITY and is not entitled to participate in any pension plan, insurance, bonus or similar benefits CITY provides for its employees Any provision in this Letter Agreement that may appear to give CITY the rights to direct Crimson as to the details of doing the work or to exercise a measure of control over the work means that Crimson will follow the direction of the CITY as to the end results of the work only 9 AUDIT OF RECORDS Crimson agrees that CITY, or its designee, has th right to review, obtain and copy all records pertaining to the performance of this Letter Agreement Crimson agrees to provide CITY, or its designee, with any relevant information requested, and will permit CITY, or designee, access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with this Agreement Crimson further agrees to maintain such records for a period of three (3) years following final payment under this Agreement Crimson will keep all books, records, and accounts and documents pertaining to this Agreement separate from other activities unrelated to this Agreement v $'i 10 11 INDEMNIFICATION CITY agrees to indemnify and hold Crimson, its employees, agents, and independent contractors, free and harmless from any liability whatsoever, based or asserted upon any act or omission of CITY, its officers, agents and independent contractors of any kind or nature relating to or ansmg from the construction of the Douglas Street Undercrossmg Project within CITY's its property or rights of way, save and except claims or litigation arising through the alleged negligence or willful misconduct of Crimson or Crimson's use of CITY property or rights of way CITY agrees that Crimson will not be liable for any damage to the surface of the land, plants, grass, shrubbery, trees or any other improvements resulting from or relating to the work defined in this agreement, except that Crimson will be liable and must indemnify CITY from and against any liabilities, claims, and costs resulting either from the activities of Crimson's employees, agents or contractors or from spillage, release, or discharge of petroleum products or other hazardous substances from Crimson's pipeline INSURANCE Before commencing performance under this Agreement, and at all other times this Agreement is effective, Crimson will procure and maintain the following types of insurance coverage with limits complying, at a minimum, with the limits set forth below Type of Insurance Limits (combined single) Commercial general liability $1,000,000 Business automobile liability $1,000,000 Workers compensation Statutory requirement Commercial general liability insurance must meet or exceed the requirements of ISO -CGL Form No CG 00 01 1185 or 88 The amount of insurance set forth above will be a combined single limit per occurrence for bodily injury, personal injury, and property damage for the policy coverage Liability policies will be endorsed to name CITY, its officials and employees as "additional insureds ", but only to the extent of the liabilities assumed hereunder by Crimson under said insurance coverage, and to state that such insurance will be deemed "primary" such that any other insurance that may be carved by CTIY will be excess thereto Such insurance must be on an "occurrence ", not a "claims made" basis and will not be cancelable or subject to reduction except upon thirty (30) days prior written notice to CITY Automobile coverage will be comparable to an ISO Business Auto Coverage Form CA 00 01 06 92, including symbol 1 (Any Auto) Crimson will furnish to CITY duly authenticated Certificates oif Insurance evidencing maintenance of the insurance required under this Agreement or 08J endorsements as required herein as may be reasonable required by CITY from time to time Insurance must be placed with insurers with a current A M Best Company Rating equivalent to at least a rating of "A VII" Certificate(s) must reflect that the insurer will provide thirty (30) day notice of any cancellation of coverage Crimson will require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word "endeavor" with regard to any notice provisions. Cnmson reserves the option to self - assume any insurance obligations under this Agreement The election to self - assume these insurance options does not broaden or in any way change Crimson's responsibilities under this Agreement Should Crimson, for any reason, fail to obtain or maintain the insurance required by this Agreement, CITY may obtain such coverage at Crimson's expense and deduct the cost of such insurance from payments due to Crimson under this Agreement or terminate 12 INTERPRETATION This Agreement was drafted in, and will be constructed in accordance with the laws of the State of California, and exclusive venue for any action involving this Agreement will be in Los Angeles County [�Ai1NfW • t—WI 51210 1KOM[OWI The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Agreement and to engage in the actions described herein This Agreement may be modified by written amendment CITY's manager, or designee, may execute any such amendment on behalf of CITY AGREED TO AND ACCEPTED THIS _ DAY OF 2005 CRIMSON CALIFORNIA PIPELINE L P 2 Title CITY OF EL SEGUNDO 0 Title "t, ESTIMATE ESTIMATE OF CONSTRUCTION COST PROJECT Douglas Street Relocation of 10" Ventura Crude - Crimson Pipeline EST NO 1 AFE# PREPAREC BY Larry Alexander DATE 6i27r05 SHEET I OF I NO CAPITAL EXPENSE TOTAL ITEM READ UNITS DESCRIPTION SIONIT ExENSM. SIUNrr EXTENSION COST MATERIAL 1 San In Ft 10 750 D x 365' Wall X -42 Coated with Pntec 19 10640 10640 2 3 5 ea 10 75 "0 D Std Wall Grit B 45 3R elbow 500 2500 2500 4 5 1 lot FIELD COATING 2500 2500 2500 6 sou (in Ft WARNING MESH 1 800 800 7 1 lot MISC FITTINGS 2000 2000 2000 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 TOTAL MATERIAL 18440 LABOR 520 11n Ft Labor to fabricate 10" 245 127400 127400 1 lot X -ray 6000 6000 6000 1 lot Hydrotest 3rd party 2000 2000 2000 30 days Inspector w/ vehicle 600 18000 18000 1 lot Line drain 10" 15000 15000 15000 1 lot Engineering 15000 15000 15000 1 lot Drafting 5000 5000 5000 440 In Ft Remove /Dispose old 10" pipe 60 26400 26400 TOTAL LABOR 214800 ENTER CAPITAL CONTINGENCY % 1000% ENTER EXPENSE CONTINGENCY/ 1000% 20684 ADMINISTRATION OVERHEAD 2000% 41368 TOTAL CAPITAL TOTAL EXPENSE 295,292 TOTAL CAPITAL ROUNDED TO TOTAL EXPENSE ROUNDED TO 295,000 GRAND TOTAL $295,000 SAY $300,000 r �y Douglas St Relocation Estimate_ xis 1 of 1 � ! 2!21!03 EL SEGUNDO CITY COUNCIL MEETING DATE- July 19, 2005 AGENDA ITEM STATEMENT AGENDA HEADING- Consent Agenda AGENDA DESCRIPTION' Consideration and possible action to approve Tract Map No 061601 to provide for a 5 unit condominium project at 222 West Imperial Avenue as approved by the Planning Commission on December 9, 2004 (No Fiscal Impact) COUNCIL ACTION Recommendation — (1) Approve Tract Map No 061601, (2) Alternatively, discuss and take other action related to this Item BACKGROUND & DISCUSSION- Tract Map No 061601 Is a subdivision to construct a 5 unit condominium project The environmental assessment on this project was previously approved by the City Planning commission on December 9. 2004 ATTACHED SUPPORTING DOCUMENTS Location Map FISCAL IMPACT. Capital Improvement Program- Amount Requested- Account Number Project Phase, Appropriation Required- ORIGINATED BY. DATE l -7 1 �f° Stev n Fenton, Director of Public Works 0811) 144 05 -07 -19 Tract Map 061601 m n N � LL J IA1N000 53130NV SOl AMd 3NUON1MVH 80 A110 m > Z vnt 5� 00310 NYS z ft f' Q I'N3N31a � III II I I I` III 11I• 3Atl 5151 4 Xlx �lJ l�1l�4 N�J�Ll L1 � I n �Ya, ^mS m OAIB � NOIlYIAV ! a A, r m esunr 11] W-3 O I NNS LL 's I Q r- q- J T° .1 as ® Vl a 0 3Atl WN003tl a 3 btlG] F � am A3lnn Y1N3NI1NW 1 gull tl33tl'J i Otl13W f s mlods K r - 1s N6_YTN A tlm Nnd N6PN V G. v J > (31NAVI5d� }YL N3061NpO Yy AYM 6 + m FAVM S3N9M1 ° r* N U 15 ANUS S dtlOWtl1Y OAIe M 5 vaw 435 Q SE1 n1 N 3Atl MYa £ M 5•` ®'I11tII x 1S slawaill am "13 O 019, Up �O 3AV 3NId 35 N019NIN$- 3Ar ills 7. 16 fir6NYx 1 ♦11135"MA NINd F rinbvdnra o nr nlyd T S XYOdI'IY] 6 1S NU03tlU p C 31dfX 15 14YAM 3 V "-3 13tlnPl N3] W a e mOlv IrONXB u u�� �® 15 aNYIAtlYX Q tlnOl! llnOl 1 IO B ®O 16 Yqu < Q 15 a,s Yid Y Otl 3H PlB O IpO�� ®® 16 NN3d O i J m 16 XOal3N6 U 15 YN3YY Irl u P ® NI N O N UEED V Q e m 15 atlYaMY15 - N tl dd d r N �s IS NIYn tl 15 ONOnx]lm r Y^ 9� w' Ctl N,I1 lY- �B ®8 is atlaoxo] is m... 1A a ��� ❑��� ®� lc llxm O15 tl161A 960'1 O i s I fr,.Il SH Ell i CL DIIM ' Z U _ I d° ❑ �J m I is 163tl1III0 Z 15 �.,yy 1 a .'s, tl lIN w x 1. ss3N^0 is r]anJ J> lL W O __ 1 ^�nVUnne An] 11-M F,s \ O J W Q O W a _ o _ U w " Ind GI�� Q q !L y EL SEGUNDO CITY COUNCIL AGENDA ITEM STATEMENT MEETING DATE. July 19, 2005 AGENDA HEADING Consent Agenda Consideration and possible action for final acceptance of the Holly- Kansas Park playground equipment replacement— Project No. PW 04 -09 (Final contract amount $ 87,410) RECOMMENDED COUNCIL ACTION Recommendation — (1) Accept the work as complete, (2) Authorize the City Clerk to file a Notice of Completion in the County Recorder's Office, and/or (3) Alternatively, discuss and take other action related to this item BACKGROUND & DISCUSSION On February 15, 2005 the City Council awarded a contract to Premium Construction in the amount of $87,410 for the replacement of playground equipment at Holly- Kansas Park All work has now been completed to the satisfaction of the City and staff recommends acceptance of the project ATTACHED SUPPORTING DOCUMENTS Notice of Completion Project No 04 -09 FISCAL IMPACT Operating Budget. Capital Improvement Program $87,410 Amount Requested $87,410 Account Number. 301 -400- 8202 - 8978($68,500) 301 - 400 - 8201 - 8573($ 6,810) 001 - 400 - 5201 - 8104($ 6,500) Total = $87,410 Project Phase- Accept the work as complete Appropriation Required No Jeff Finton, Director of Public Works 050719 Holly- Kansas Notice of Complelion 15 0 Ji Recording Requested by and When Recorded Mail To* City Clerk, City Hall 350 Main Street El Segundo, CA 90245 NOTICE OF COMPLETION OF CONSTRUCTION PROJECT Project Name Replacement of playground Equipment at Holly- Kansas Park Protect No PW 04 -09 Notice is hereby given pursuant to State of California Civil Code Section 3093 et seq that 1 The undersigned is an officer of the owner of the interest stated below in the property hereinafter described 2 The full name of the owner is City of El Segundo 3 The full address of the owner is City Hall, 350 Main Street, El Segundo, CA, 90245 4 The nature of the interest of the owner is Public Park 5 A work of improvement on the property hereinafter described was field reviewed by the City Engineer on June 27, 2005 The work done was Installation of playground equipment to Holly- Kansas Park 6 On July 19, 2005, the City Council of the City of El Segundo accepted the work of this contract as being complete and directed the recording of this Notice of Completion in the Office of the County Recorder 7 The name of the Contractor for such work of improvement was Premium Construction 8 The property on which said work of improvement was completed is in the City of El Segundo, County of Los Angeles, State of California, and is described as follows Holly - Kansas Park 9 The street address of said property is Holly Avenue and Kansas Street Dated Steven Finton Director of Public Works /City Engineer VERIFICATION I, the undersigned, say I am the Director of Public Works /City Engineer of the City El Segundo, the declarant of the foregoing Notice of Completion, I have read said Notice of Completion and know the contents thereof, the same is true of my own knowledge I declare under penalty of perjury the foregoing is true and correct Executed on 2005 at El Segundo, California Steven Finton Director of Public Works /City Engineer No4e of Comple ns%PW 00 -09 Holl -Kanads Pad 7119/05 tr 11 (yy ^ V lJ .i..l EL SEGUNDO CITY COUNCIL MEETING DATE July 19, 2005 AGENDA ITEM STATEMENT AGENDA HEADING. Consent Agenda AGENDA DESCRIPTION Consideration and possible action regarding approval of a professional services agreement with MuniFinancial to provide a study to update the City's Traffic Congestion Mitigation Fee Program (Fiscal Impact $36,000) RECOMMENDED COUNCIL ACTION 1 Authorize the City Manager to sign a professional services agreement approved as to form by the City Attorney, and /or, 2 Alternatively, discuss and take other action related to this item BACKGROUND & DISCUSSION. The purpose of the City's Traffic Congestion Mitigation Fee program is to establish a fee structure for trips (traffic) created from new development that contributes to the future transportation system deficiencies Applicants are required to pay their fare share of improvements required to alleviate deficiencies that have contributed to the City's transportation system On March 19, 1996 the City Council adopted Resolution No 3969 setting the rates for Traffic Congestion Mitigation Fees for four zones in the City Since then, the City updated its Circulation Element in September of 2004, which modified the list of physical transportation related improvements throughout the City that would be needed to attain the City's transportation circulation goals and objectives The Traffic Congestion Mitigation Fee program needs to be updated so that the required physical improvements can be achieved (Continued on next page) ATTACHED SUPPORTING DOCUMENTS 1) Scope of Work 2) Fee proposal FISCAL IMPACT Operating Budget. Traffic Mitigation Fees Amount Requested. $36,000 Account Number. 702- 300 - 8141 -3972 Project Phase: N/A Appropriation Required: X Yes _No Wo _f L� Seimone Jurp Director of Planning and City DATE: 02�LS DATE 13 vS rJ -16 STAFF REPORT July 19, 2005 Page 2 BACKGROUND & DISCUSSION (cont): Staff requested proposals from several consultants for a study to update the mitigation fees Three proposals were received from the following consultants 1 Meyer, Mohades Associates - $48,000 2 MuniFinancial - $36,000 3 Crain & Associates - $24,000 Staff recommends City Council award a contract with MuniFinancial for $36,000 MuniFinancial has extensive experience in the development of impact fee programs As part of their proposal, MuniFinancial will partner with Kimley -Horn and Associates Inc for the update to the Traffic Congestion Mitigation Fees Kimley -Horn is an experienced traffic engineering firm with extensive experience working in El Segundo including completion of the Circulation Element of the City's General Plan. Both MuniFinancial and Kimley -Horn and Associates Inc worked together to develop and examine several potential fee options for the Douglas Street Gap Closure project Staff believes that the combined expertise of the two consulting firms and their knowledge of the City will be a significant benefit in completing the Traffic Mitigation Fee Study and establishing new traffic mitigation fees Additionally, staff checked their references and obtained favorable responses P \Planning & Building SafetySturtts \Staff Reports Part 2 \Traffic Congestion Mitigation Fee\Selechon of Consultant for Congestion Mitigation Fee doc () 0 n SCOPE OF SERVICES We want to ensure that our scope of work is responsive to the City of El Segundo's needs and specific local circumstances We will work in concert with the City to adjust our scope of services as needed during the course of the study Below is our proposed scope of work described in detail by task We explain how we will accomplish each task and identify any associated meetings and deliverables This scope of services includes preparing the documentation necessary to adopt an updated Traffic Congestion Mitigation Fee Program (TCMFP) TASK 1: IDENTIFY AND RESOLVE POLICY ISSUES Objectave Identify and resolve policy issues raised by the study and determine appropriate facility and fee categories Desmptzon To initiate this task, we will review all documentation related to adoption of development impact fees We will deliver information requests as appropriate We will explain policy issues to City staff and seek guidance prior to proceeding Policy issues include • Existence of ordinances, policies, and plans supporting the current traffic impact fee, • Land use categories for imposition of fees, • Allocation of cost burden to nonresidential land uses, • list of traffic improvements to be funded by the fee, • Confirmation of the level of service standard, • Identification of potential alternative funding sources, if needed, • Identification of any existing deficiencies, and • Implementation concerns and strategies MeelMgs One meeting to i mute the project, discuss data needs, and address policy issues Deliverables (1) Information requests, (2) revised project scope and schedule (if needed), (3) brief summary of policy decisions (if needed) 093 MMuniFinancial Page 6 TASK 2: IDENTIFY EXISTING DEVELOPMENTAND FUTURE GROWTH O�jectzve (1) Identify estimates of existing levels of development, and (2) identify a projection of future growth consistent with current planning policy Desenptzon The updated traffic impact fee requires a growth projection to a defined planning horizon, such as 2025 We will work with the City Planing Department to obtain planning horizon development numbers over which the costs will be apportioned We will evaluate projections from regional metropolitan planning agencies and other available sources We will obtain approval of the future development quantities from the department We will convert the growth projection into an estimate of vehicle trips using standard trip generation rates We will adjust for factors such as trip length and pass -by trips to ensure a defensible nexus to each land use category Meetings None Deliverables None TASK 3: DETERMINE POTENTIAL FACILITY NEEDS AND COSTS Objective Identify the type, amount and cost of facilities required to accommodate growth and correct deficiencies, if any Description Unless otherwise directed by the City, we anticipate using the list of existing traffic improvements contained in the 1996 Traffic Congestion Mitigation Fee Report, the City's Circulation Element, and input from City staff as a starting point for this study We will update the list by eliminating any projects that have been completed or funded to date We will discuss with City traffic engineering staff whether any of the remaining umprovements are needed to address deficiencies identified in previous studies or the Circulation Element We will exclude any improvements from the list used to calculate the updated traffic fee that are still needed to address these deficiencies We will then update the costs for each of the remaining improvements required to accommodate growth We assume that the City has documentation of the prior estimates used for the traffic impact fee that would provide us with the quantities and unit costs associated with each improvement We will update umt costs based on an appropriate inflation index and recalculate the total cost for each improvement We will include appropriate cost factors for design, engineering, project management, and contingencies The level of effort budgeted for this task assumes that we will update costs for up to 20 improvement projects Meetings None Deliverables None 096 ZMuniFiinancial Page 7 TASK 4: CALCULATE FEE SCHEDULE Objective Calculate the updated traffic impact fee schedule Deimptzon We will calculate the updated traffic impact fee schedule based on the cost of improvements per trip The cost per trip will be the total improvement costs (Task 3) divided by projected trip generation from new development (Task 2) The cost per trip multiplied by the trip rate per land use will be used to calculate the fee for each land use The current zone system will be reviewed to ensure it supports City policy goals Other options for the City to consider include a Citywide fee or, separate zones that all pool revenues into one fund We expect that improvements would be funded predominantly on a pay -as- you-go basis If fees will contribute to funding debt service we will apportion financing costs to the fee program based on the appropriate share of total costs However, we do not expect the timing of fee revenues to affect financing costs so a cash flow analysis is not included in this scope of work Meetings None Deliverables None TASK 5: PREPARE REPORT Obyect:ve Provide technically defensible fee report that comprehensively documents all project assumptions, methodologies, and results DesmPtion Based on the results of prior tasks we will first prepare a package of draft report tables for City staff to review The tables will document each step of the analysis The tables will culminate in a schedule indicating the maximum justified fee amount by land use category Following one round of comments from City staff on the quantitative analysts and fee schedule, we will prepare an administrative draft report Following one round of comments on the administrative draft we will prepare a public draft for presentation to interested parties, the public, and the City Council We will prepare a final report if necessary based on one round of comments received on the public draft report We will subtmt up to 10 bound copies of each report as requested by the City We can also post the report on our web site for access via the Internet Meetings Two meetings (one to review the initial project results and one to present the report at a public hearing for adoption) Deliverables Administrative draft report, public draft report, final report (if needed), and slide presentation (if needed) MEETINGS The Project Manager Qoshua Polston) will attend all meetings We have also budgeted Kiimley -Horn to attend three meetings We will work with City staff to set up meetings to keep the project on schedule Phone conferences are not considered meetings for the 09 7 EMuniFinanaai Page 8 purposes of this scope Additional meetings may be requested for an additional fee based on our hourly billing rates REQUIRED AGENCY STAFF SUPPORT To complete our tasks on schedule, we will need the cooperation of City staff We suggest that the City assign a key individual as project manager for the City We will expect the City's project manager to (1) help resolve policy issues, (2) coordinate responses to requests for information, and (2) coordinate review of work products To meet the schedule outlined below we will expect responses to policy issues and information requests within five business days If there are delays on the part of the City, we will need to adjust our project schedule accordingly We will keep the City's project manager informed of any data or feedback we need to keep the' project on schedule MuniFinancial will make every effort to minimize the impact on City staff m the completion of this project EM =MuniFinancial Page 9 PROJECT FEE MumFtnancial will complete the scope of services described in this proposal for a not -to- exceed fee of $36,000. This fee includes all direct expenses incurred during the course of work, including travel expenses and materials This fee also includes the services of Kunley- Horne & Associates, Inc A breakout of our fee is displayed in the table below City of El Task R Spencer (Principal -In Char a ) $ 170 J Polston (Project Mana er ) $ 150 Kimlev -Horn Varies Total Hours Cost Hours Task 1 Identify & Resolve Policy Issues 6 14 14 34 $ 3,120 Task 2 Identify Existing Development & Growth 4 20 10 34 3,680 Task 3 Determine Potential Facilty, Needs & Costs 4 12 30 46 2,480 Task 4 Calculate Fee Schedule 8 22 32 62 4,660 Tasks Prepare Report 8 24 14 46 4,960 Subtotal Muni Financial Labor Costs 30 92 100 222 $ 18,900 Kimley -Horn & Assocs, Inc (labor and direct costs) $14,390 Reimbursable Expenses 2,710 Total Cost $ 36,000 Note Kimley -Hom labor hours are displayed for each task Kimley -Horn costs are separately identified in line nem above and are not included in the per task labor cost detail Labor rates vary from $75 to $165 per hour depending on function The City can fund the cost of the study with revenue from development impact fees Our proposed fee for services assumes the following • We will not need to conduct traffic planning analysis to identify new facilities • Updated cost estimates for up to 20 improvement projects that have documentation on quantities and prior unit cost assumptions • Three on -site meetings Additional meetings may be requested for an additional fee /NVO/C/NG We will invoice the City of El Segundo no more than monthly based on percent complete by milestones Invoices will include a description of services as well as a summary of costs to date by milestone Since some tasks do not have specific dehverables, milestones are the most expedient manner on which to base payment The proposed milestones follow Milestone Payment 1) Information Request /Project Kickoff $10,000 2) Delivery of draft fee tables 15,000 3) Deliver draft report 6,000 4) Final report 5 -000 Total $36,000 () y t3 ZMuniFinancial Page 29 EL SEGUNDO CITY COUNCIL MEETING DATE: July 19, 2005 AGENDA ITEM STATEMENT AGENDA HEADING: Consent AGENDA DESCRIPTION, Consideration and possible action regarding the removal of decayed, diseased, and high risk parkway trees, on a City wide basis RECOMMENDED COUNCIL ACTION Recommendation (1) Approve the recommended removals of parkway trees (2) Authorize the City Manager to execute an amendment to the Great Scott agreement for tree services, as approved to form by the City Attorney, (3) Alternatively, discuss and take other action related to this item BACKGROUND & DISCUSSION: (See the next page) There have been recent tree failures that have damaged personal property which the city has had to reimburse residents for damages Other than minor storm related damages, the reason for tree failure was caused by older decayed or diseased trees There are approximately (45) decayed, diseased, trees that have been identified and recommended for immediate removal by Certified Arborist ATTACHED SUPPORTING DOCUMENTS Cost Estimate Removal List Fiscal Impact: $ 45,000 00 Capital Improvement Program Operating Budget Account Number 001-400 —5102-6206 Project Phase Award Contract Appropriation Required Yes $45,000 00 ORIGINATED Stacia Manci City Man DATE: 7-1 a -0 s ��o 1-7 Background and Discussion (con't): There was complete street tree inventory and risk assessment study in August of 1999 that was conducted by West Coast Arbonst That study identified parkway trees that were in decline as a result of age, decay, poor structure, and /or disease The high risk parkway trees were identified and were recommended for removal Staff is recommending that (45) of those trees that have been recommended for removal be removed and replaced with appropriate parkway trees according to the city's Master Street Tree Plan This will be phase one of addressing the recommended removals that have been identified in the Master Street Tree Plan The other approximate 145 trees on the list, will be reviewed on a quarterly basis, to make recommendations for the next phase two removal The residents will be given a choice of appropriate parkway trees for replacement The replacement trees will possess the following characteristics (1) Can grow in a confined area without causing damage to sidewalks and driveways, (2) Pest and disease tolerant, (3) Low maintenance with regard to pruning, (4) Tolerant of El Segundo's climate zone Staff Recommends amending the current contractwith Great Scott Tree Service, Inc the city's tree maintenance contractor to provide the removal and replacement of the parkway trees 101 Recommended Tree Removal Cost Estimate Tree and Stump removal of 45 Parkway trees $35,00000 Replacement tree cost and installation of 45 24" box trees $10,00000 total $45,00000 Recommended Removal Addresses 1 716 Bayonne 2 718 Bayonne 3 925 Eucalyptus 4. 958 Eucalyptus 5 226 West Holly 6 601 Main street 7 847 Main Street 8 859 Main Street 9 622Arena Street 10 100 East Mariposa 11 101 East Mariposa 12 200 East Mariposa 13 316 East Mariposa 14 617 East Manposa 15 303 West Oak 16 308 West Oak 17 310 West Oak 18 320 West Pine 19 321 West Pine 20 419 West Pine 21 500 West Pine 22 333 Virginia Street 23 505 Virginia Street 24 511 Virginia Street 25 535 Virginia Street 26 800 Virginia Street 27 827 Virginia Street 28 830 Virginia Street 29 841 Virginia Street 30 852 Virginia Street 31 853 Virginia Street 33 601 Washington Street 34 701 Washington Street 35. 210 Whiting Street 36 356 Whiting Street 37 502 Whiting Street 38 505 Whiting Street 39 512 Whiting Street 40 617 Whiting Street 41 639 Whiting Street 42 209 Whiting Street 43 500 Virginia Street 44 423 Hdlcrest Street ,45 542 Standard Street EL SEGUNDO CITY COUNCIL MEETING DATE: July 19, 2005 AGENDA ITEM STATEMENT AGENDA HEADING: Consent AGENDA DESCRIPTION: Consideration and possible action regarding the rejection of bids for the replacement and removal of synthetic turf on the driving range at The Lakes Golf Course, No. #PW05 -10 RECOMMENDED COUNCIL ACTION: Recommendation (1) Reject both bids, (2) Authorize the City Manager to request bids at a later date, (3) Alternatively, discuss and take other action related to this Item BACKGROUND & DISCUSSION: This project is a result of the City Councils appointed Golf Sub- committee's recommendation to use funds from the refinancing of the golf course bonds to purchase several capital items and repairs that are needed at the Golf Course (continued on next page) ATTACHED SUPPORTING DOCUMENTS: Bid Responses Fiscal Impact: Capital Improvement Program: $ 568,200 00 Operating Budget. Account Number: 501 - 400 - 5301 -8104 Project Phase- Reject Bids Appropriation Required* ORIGINATED- DATE: M --41 i ": 0 Background and Discussion (con't): One of the highest priority projects at the golf course is to replace the artificial turf on the driving range This turf is badly worn with the landing area now being composed of mostly sand The sandy landing area wears out the range balls in about two months The cost to replace the range balls every two months is about $22,000 With Councils approval at the March 15, 2005 City Council meeting, staff prepared Contract Documents and Specifications and went to bid for Project No PW 05 -10 Golf Course Improvements On April 19, 2005, two contractors provided bid responses for the project, Eagle Golf Construction, Inc and Southwest Synthetic Turf Inc Southwest Synthetic Turf Inc did not attend the mandatory fob walk on April 5, 2005 and provided an incomplete Bid Proposal Eagle Golf Construction bid the project at $502,701 The engineers estimate for this project is $289,000 Staff feels Eagle Golf Construction bid of $502,701 is to high for the proposed project Staff recommends rejecting both bids because Eagle Golf Construction bid exceeded the estimated cost, and Southwest Synthetic Turf Inc was not in compliance with bid package instructions Staff recommends that the project be postponed until the Fall, so that it has less impact on summer revenue iu4 Bid Responses Golf Course Improvements Removal and Replacement of Synthetic Turf on Driving Range Eagle Golf Construction, Inc $502,701.00 Southwest Synthetic Turf Inc $399,891.00 lU.l