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2005 MAY 03 CC PACKETREVISED CITY COUNCIL AGENDA May 33 2005 Mayor Kelly McDowell Mayor Pro Tern John Games Council Member Jim Boulgandes Council Member Eric Busch Council Member Carl Jacobson Cindy Mortesen Cathy Domann Mary Strenn Jeff Stewart Jessie LeMay (2) Mark D Hensley Karl Berger Steve Finton Public Copy Public Copy Master Copy E S Herald Chamber of Commerce City Clerk Deputy City Clerk City Manager Assistant City Manager Executive Assistant To City Manager City Attorney Assistant City Attorney City Engineer City Clerk Library vault MAILING Jerry A. Saunders El Segundo Unified School District Jennifer Evans Andrea Sudano Adam Ruseling Continental Development Corp - Superintendent _ Beach Reporter - Daily Breeze - Easy Reader REVISED AGENDA EL SEGUNDO CITY COUNCIL COUNCIL CHAMBERS - 350 Main Street The City Council, with certain statutory exceptions, can only take action upon properly posted and listed agenda items Unless otherwise noted in the Agenda, the Public can only comment on City- related business that is within the jurisdiction of the City Council and /or items listed on the Agenda during the Public Communications portion of the Meeting During the first Public Communications portion of the Agenda, comments are limited to those items appearing on the Agenda During the second Public Communications portion of the Agenda, comments maybe 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, MAY 3, 2005 - 7:00 P.M. Next Resolution # 4422 Next Ordinance # 1385 NOTE: REGARDING CONSENT AGENDA ITEM NO. 10, THE ARENA PUMP STATION ADDRESS WAS CORRECTED TO READ 199 EL SEGUNDO BOULEVARD. 7:00 P.M. SESSION CALL TO ORDER INVOCATION — Dr. SeHee Han of United Methodist Church of El Segundo PLEDGE OF ALLEGIANCE — Council Member Carl Jacobson PRESENTATIONS — (a) Proclamation recognizing Harry Whitcomb as the 2005 El Segundo Senior Citizen of the Year and proclaiming the month of May 2005 as Older Americans Month (b) Proclamation declaring Saturday, May 7, 2005 as El Segundo Fire and Police Service Day and inviting the community to participate in the joint Open House (c) Proclamation in recognition of all our volunteers and proclaiming the month of May, 2005 as Volunteer Recognition Month (d) Proclamation declaring Saturday, June 4, 2005, from 8.00 a m to 4.00 p m, as Super CPR Saturday, and encourage participation in CPR training (e) Commendation to Nancy Wernick for her service on the LAX Area Advisory Committee (f) Certificates of Recognition to participants of the Baker to Vegas Run held April 23 -24, 2005 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 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 alter Public Communications is closed A. PROCEDURAL MOTIONS Consideration of a motion to read all ordinances and resolutions on the Agenda by title Recommendation — Approval B. SPECIAL ORDERS OF BUSINESS rd C. UNFINISHED BUSINESS 1. Consideration and possible action regarding the formation of an ad -hoc subcommittee consisting of two City Council Members to review the development standards set forth in the El Segundo Municipal Code regarding the single family (R -1) residential zone for purposes of making potential recommendations to the Council to revise the Code to address the impacts of the large single family residential structures being erected in the City. Recommendation — (1) Approve the formation of an ad -hoc subcommittee to review development standards regarding the R -1 zone, (2) Appoint two City Council Members to the subcommittee, (3) Alternatively, discuss and take other action related to this item D. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS E. CONSENT AGENDA All items listed are to be adopted by one motion without discussion and passed unanimously If a call for discussion of an item is made, the item(s) will be considered individually under the next heading of business 2. Warrant Numbers 2546927 to 2547128on Register No. 14 in the total amount of $804,874.66 and Wire Transfers from 4/812005 through 4/21/2005 in the total amount of $1,431,591.83 Recommendation — Approve Warrant Demand Register and authorize staff to release Ratify- Payroll and Employee Benefit checks, checks released early due to contracts or agreement, emergency disbursements and /or adjustments, and wire transfers. 3. City Council Meeting Minutes of April 19, 2005. Recommendation — Approval 4. Consideration and possible action regarding the approval of the examination plans for the Personnel Merit System job classifications of Police Assistant 1/11 and Engineering Technician. Recommendation — (1) Approve the Examination Plan, (2) Alternatively, discuss and take other action related to this item 5 5. Consideration and possible action to approve an employment agreement with Jeff Stewart for the position of City Manager effective July 1, 2005. Recommendation — (1) Authorize the Mayor to execute the attached agreement, (2) Alternatively, discuss and take other action related to this item 6. Consideration and possible action regarding the award of a five -year contract to Great Scott Tree Service, Inc. for providing tree maintenance service. (Fiscal Impact: $55,000). Recommendation — (1) Award contract to Great Scott Tree Service, (2) Authorize the City Manager to execute an agreement for services subject to approval by the City Attorney; (3) Alternatively, discuss and take other action related to this item. 7. Consideration and possible action regarding participation by the El Segundo Police Department in a "California Seat Belt Compliance Campaign" (CSBCC) sponsored by the California Office of Traffic Safety. Participation includes one- time grant funding in the amount of $14,947. Recommendation — (1) Approve request for the El Segundo Police Department to apply for and utilize funds provided by the California Office of Traffic Safety CSBCC grant; (2) Alternatively, discuss and take other action related to this item. 8. Consideration and possible action to waive the formal bidding process on the purchase of radio equipment and the purchase of communications and computer equipment for the El Segundo Police Department. The total cost is approximately $111,500 using monies awarded through Urban Area Security Initiative (UASI) federal grants. The combined Police Department award for FY 2003 and 2004 is approximately $184,868. (Fiscal Impact: $111,500) Recommendation — (1) Pursuant to El Segundo Municipal Code Sec 1 -7 -10, waive the bidding process, piggybacking on a County of Los Angeles Contract for the purchase of 30 portable radios and one dual -head mobile radio, from the FY 2003 and 2004 UASI funds awarded to El Segundo Police Department - $91,000, (2) Authorize the purchase through a sole source vendor of one dual -head Mobile Digital Computer for the Incident Command Vehicle - $9,000, (3) Authorize the purchase through a sole source vendor of three satellite phones, accessories, and service to be utilized during Critical or Terrorism- related incidents - $8,000, (4) Authorize the purchase through a sole source vendor of a laptop computer with wireless capability to support the deployment of the Incident Command Vehicle - $3,500, (5) Alternatively, discuss and take other action related to this item tJ 9. Consideration and possible action to accept cash contributions totaling $2,250 from Chevron Products Company ($1,000), DirecTV ($750), and Northrop Grumman ($500) donated to the El Segundo Fire Department in support of Super CPR Saturday, to be held June 4, 2005, for supplies, equipment, and other resources. Fiscal Impact: None Recommendation — (1) Accept donation and authorize the City Manager to transfer the monies into the CPR General Fund account, (2) Alternatively, discuss and take other action related to this item 10. Consideration and possible action regarding approval of a resolution authorizing the County of Los Angeles Flood Control District to implement pollution reduction measures at its facilities at 199 El Segundo Boulevard (Arena Pump Station) and 223 Center Street (El Segundo Pump Station) through the construction of systems that will divert dry weather flows to the City's sanitary sewer system for treatment. (Fiscal Impact: None) Recommendation — (1) Adopt proposed Resolution, (2) Alternatively, discuss and take other action related to this item 11. Consideration and possible action regarding acceptance of the George E. Gordon Clubhouse Interior Painting — Project No. PW 05 -03 (Final Project Cost: $14,100) and the George E. Gordon Clubhouse Plumbing Refurbishment - Project No. PW 05 -02, both located at 300 East Pine Avenue. (Final Project Cost: $16,747) Recommendation — (1) Approve Change Order No 1 for $5,000, (2) Accept the work as complete; (3) Authorize the City Clerk to file the City Engineer's Notice of Completion in the County Recorder's Office, (4) Alternatively discuss and take other action related to this item 12. Consideration and possible action to approve the Memorandum of Understanding with the Metropolitan Transportation Authority setting the terms and conditions of a Proposition C fund grant in the amount of $500,000 for the Douglas Street Gap Closure Project. (Fiscal Impact: Grant Revenue of $500,000) Recommendation — (1) Approve Memorandum of Understanding, (2) Authonze the City Manager to execute the MOU, approved as to form by the City Attorney; (3) Alternatively, discuss and take other action related to this item CALL ITEMS FROM CONSENT AGENDA F. NEW BUSINESS G. REPORTS - CITY MANAGER - NONE H. REPORTS - CITY ATTORNEY - NONE I. REPORTS -CITY CLERK - NONE J. REPORTS - CITY TREASURER - NONE K. REPORTS - CITY COUNCIL MEMBERS Council Member Boulgarides - 13. Consideration and possible action regarding a presentation by Andy Dellenbach, Chair, Surfrider Foundation - South Bay Chapter, regarding the South Bay Smoke - Free Beaches campaign. Recommendation - (1) Receive and file, (2) Alternatively, discuss and take other action related to this item. Council Member Busch - Council Member Jacobson - Mayor Pro Tom Gaines - Mayor McDowell - 14. Consideration and possible action regarding revising the Planning and Building Safety Department's fee structure for discretionary planning applications processed by the City to include a direct cost recovery system for the reimbursement of staff's and City Attorney's time. Recommendation - (1) Direct staff to develop recommendations on a direct cost recovery system for discretionary planning applications processed by the City and return to City Council with recommendations, (2) Alternatively, discuss and take other action related to this item. 3 PUBLIC COMMUNICATIONS - (Related to City Business Onlv - 5 minute limit per person, 30 minute limit total) Individuals who have receive value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so identify themselves prior to addressing the City Council Failure to do so shall be a misdemeanor and punishable by a fine of $250 While all comments are welcome, the Brown Act does not allow Council to take action on any item not on the agenda The Council will respond to comments after Public Communications is closed MEMORIALS - CLOSED SESSION The City Council may move into a closed session pursuant to applicable law, including the Brown Act (Government Code Section §54960, gt sea) for the purposes of confemng with the City's Real Property Negotiator, and/or confemng with the City Attorney on potential and/or existing litigation, andlor discussing matters covered under Government Code Section §54957 (Personnel), and/or confemng with the City's Labor Negotiators REPORT OF ACTION TAKEN IN CLOSED SESSION (if required) ADJOURNMENT POSTED' DATE TIME NAME 0 AGENDA EL SEGUNDO CITY COUNCIL COUNCIL CHAMBERS - 350 Main Street The City Council, with certain statutory exceptions, can only take action upon properly posted and listed agenda items Unless otherwise noted in the Agenda, the Public can only comment on City- related business that is within the jurisdiction of the City Council and /or items listed on the Agenda during the Public Communications portion of the Meeting During the first Public Communications portion of the Agenda, comments are limited to those items appearing on the Agenda During the second Public Communications portion of the Agenda, comments may be made regarding any matter within the jurisdiction of the City Council Additionally, the Public can comment on any Public Hearing item on the Agenda during the Public Hearing portion of such item The time limit for comments is five (5) minutes per person Before speaking to the City Council, please come to the podium and state Your name and residence and the organization you represent, if desired Please respect the time limits Members of the Public may place items on the second Public Communications portion of the Agenda by submitting a Written Request to the City Clerk or City Manager's Office at least six days prior to the City Council Meeting (by 2 00 p m the prior Tuesday) Other members of the public may comment on these items only during this second Public Communications portion of the Agenda The request must include a brief general description of the business to be transacted or discussed at the meeting Playing of video tapes or use of visual aids may be permitted during meetings if they are submitted to the City Clerk two (2) working days prior to the meeting and they do not exceed five (5) minutes in lenath 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, MAY 3, 2005 — 5:00 P.M. Next Resolution # 4422 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, et sue) for the purposes of conferring with the City's Real Property Negotiator, and /or conferring with the City Attorney on potential and /or existing litigation, and /or discussing matters covered under Government Code Section §54957 (Personnel), and /or conferring with the City's Labor Negotiators, as follows (,1 1 CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Gov't Code §54956 9(a)) — 2 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 CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code §54956 9(b) -1- potential case (no further public statement is required at this time), Initiation of litigation pursuant to Government Code §54956 9(c) -2- matters DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957) — None CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957 6) -1- matter 1 Labor Negotiator Jeff Stewart Unrepresented Employees All Unrepresented City Employees (All City Employees that are not members of collective bargaining units) CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956 6) -o- matter SPECIAL MATTERS — None 2 �n AGENDA EL SEGUNDO CITY COUNCIL COUNCIL CHAMBERS - 350 Main Street The City Council, with certain statutory exceptions, can only take action upon properly posted and listed agenda items Unless otherwise noted in the Agenda, the Public can only comment on City- related business that is within the jurisdiction of the City Council and/or items listed on the Agenda during the Public Communications portion of the Meeting During the first Public Communications portion of the Agenda, comments are limited to those items appearing on the Agenda During the second Public Communications portion of the Agenda, comments may be made regarding any matter within the jurisdiction of the City Council Additionally, the Public can comment on any Public Hearing item on the Agenda during the Public Hearing portion of such item The time limit for comments is five (5) minutes per person Before speaking to the City Council, please come to the podium and state Your name and residence and the organization you represent, if desired Please respect the time limits Members of the Public may place items on the second Public Communications portion of the Agenda by submitting a Written Request to the City Clerk or City Manager's Office at least six days prior to the City Council Meeting (by 2 00 p m the prior Tuesday) Other members of the public may comment on these items only during this second Public Communications portion of the Agenda The request must include a brief general description of the business to be transacted or discussed at the meeting Playing of video tapes or use of visual aids may be permitted during meetings if they are submitted to the City Clerk two (2) working days prior to the meeting and they do not exceed five (5) minutes in length In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact City Clerk, 524 -2305. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, MAY 3, 2005 - 7 :00 P.M. Next Resolution # 4422 Next Ordinance # 1385 7:00 P.M. SESSION CALL TO ORDER INVOCATION — Dr SeHee Han of United Methodist Church of El Segundo PLEDGE OF ALLEGIANCE — Council Member Carl Jacobson 03 PRESENTATIONS - (a) Proclamation recognizing Harry Whitcomb as the 2005 El Segundo Senior Citizen of the Year and proclaiming the month of May 2005 as Older Americans Month (b) Proclamation declaring Saturday, May 7, 2005 as El Segundo Fire and Police Service Day and inviting the community to participate in the point Open House (c) Proclamation in recognition of all our volunteers and proclaiming the month of May, 2005 as Volunteer Recognition Month (d) Proclamation declaring Saturday, June 4, 2005, from 8 00 a m to 4 00 p m , as Super CPR Saturday, and encourage participation in CPR training (e) Commendation to Nancy Werrnck for her service on the LAX Area Advisory Committee (f) Certificates of Recognition to participants of the Baker to Vegas Run held April 23 -24, 2005 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 only. Recommendation - Approval B. SPECIAL ORDERS OF BUSINESS 4 04 5. Consideration and possible action to approve an employment agreement with Jeff Stewart for the position of City Manager effective July 1, 2005. Recommendation — (1) Authorize the Mayor to execute the attached agreement, (2) Alternatively, discuss and take other action related to this item 6. Consideration and possible action regarding the award of a five -year contract to Great Scott Tree Service, Inc. for providing tree maintenance service. (Fiscal Impact: $55,000). Recommendation — (1) Award contract to Great Scott Tree Service, (2) Authorize the City Manager to execute an agreement for services subject to approval by the City Attorney, (3) Alternatively, discuss and take other action related to this item 7. Consideration and possible action regarding participation by the El Segundo Police Department in a "California Seat Belt Compliance Campaign" (CSBCC) sponsored by the California Office of Traffic Safety. Participation includes one- time grant funding in the amount of $14,947. Recommendation — (1) Approve request for the El Segundo Police Department to apply for and utilize funds provided by the California Office of Traffic Safety CSBCC grant; (2) Alternatively, discuss and take other action related to this item 8. Consideration and possible action to waive the formal bidding process on the purchase of radio equipment and the purchase of communications and computer equipment for the El Segundo Police Department. The total cost is approximately $111,500 using monies awarded through Urban Area Security Initiative (UASI) federal grants. The combined Police Department award for FY 2003 and 2004 is approximately $184,868. (Fiscal Impact: $111,500) Recommendation — (1) Pursuant to El Segundo Municipal Code Sec 1 -7 -10, waive the bidding process, piggybacking on a County of Los Angeles Contract for the purchase of 30 portable radios and one dual -head mobile radio, from the FY 2003 and 2004 UASI funds awarded to El Segundo Police Department - $91,000, (2) Authorize the purchase through a sole source vendor of one dual -head Mobile Digital Computer for the Incident Command Vehicle - $9,000, (3) Authorize the purchase through a sole source vendor of three satellite phones, accessories, and service to be utilized during Critical or Terrorism - related incidents - $8,000, (4) Authorize the purchase through a sole source vendor of a laptop computer with wireless capability to support the deployment of the Incident Command Vehicle - $3,500; (5) Alternatively, discuss and take other action related to this item 6 06 9. Consideration and possible action to accept cash contributions totaling $2,250 from Chevron Products Company ($1,000), DirecTV ($750), and Northrop Grumman ($500) donated to the El Segundo Fire Department in support of Super CPR Saturday, to be held June 4, 2005, for supplies, equipment, and other resources. Fiscal Impact: None Recommendation — (1) Accept donation and authorize the City Manager to transfer the monies into the CPR General Fund account, (2) Alternatively, discuss and take other action related to this item 10. Consideration and possible action regarding approval of a resolution authorizing the County of Los Angeles Flood Control District to implement pollution reduction measures at its facilities at 199 Standard Street (Arena Pump Station) and 223 Center Street (El Segundo Pump Station) through the construction of systems that will divert dry weather flows to the City's sanitary sewer system for treatment. (Fiscal Impact: None) Recommendation — (1) Adopt proposed Resolution, (2) Alternatively, discuss and take other action related to this item 11. Consideration and possible action regarding acceptance of the George E. Gordon Clubhouse Interior Painting — Project No. PW 05 -03 (Final Project Cost: $14,100) and the George E. Gordon Clubhouse Plumbing Refurbishment - Project No. PW 05 -02, both located at 300 East Pine Avenue. (Final Project Cost: $16,747) Recommendation — (1) Approve Change Order No 1 for $5,000, (2) Accept the work as complete, (3) Authorize the City Clerk to file the City Engineer's Notice of Completion in the County Recorder's Office, (4) Alternatively discuss and take other action related to this item 12. Consideration and possible action to approve the Memorandum of Understanding with the Metropolitan Transportation Authority setting the terms and conditions of a Proposition C fund grant in the amount of $500,000 for the Douglas Street Gap Closure Project. (Fiscal Impact: Grant Revenue of $500,000) Recommendation — (1) Approve Memorandum of Understanding; (2) Authorize the City Manager to execute the MOU, approved as to form by the City Attorney, (3) Alternatively, discuss and take other action related to this item 07 CALL ITEMS FROM CONSENT AGENDA F. NEW BUSINESS G. REPORTS — CITY MANAGER — NONE H. REPORTS — CITY ATTORNEY — NONE REPORTS —CITY CLERK — NONE J. REPORTS — CITY TREASURER — NONE K. REPORTS — CITY COUNCIL MEMBERS Council Member Boulgarides — 13. Consideration and possible action regarding a presentation by Andy Dellenbach, Chair, Surfrider Foundation - South Bay Chapter, regarding the South Bay Smoke - Free Beaches campaign. Recommendation — (1) Receive and file, (2) Alternatively, discuss and take other action related to this item Council Member Busch — Council Member Jacobson — Mayor Pro Tom Gaines — Mayor McDowell — 14. Consideration and possible action regarding revising the Planning and Building Safety Department's fee structure for discretionary planning applications processed by the City to include a direct cost recovery system for the reimbursement of staffs and City Attorney's time. Recommendation — (1) Direct staff to develop recommendations on a direct cost recovery system for discretionary planning applications processed by the City and return to City Council with recommendations, (2) Alternatively, discuss and take other action related to this item ('18 PUBLIC COMMUNICATIONS — (Related to City Business Only — 5 minute limit per person, 30 minute limit total) Individuals who have receive value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so identify themselves prior to addressing the City Council Failure to do so shall be a misdemeanor and punishable by a fine of $250 While all comments are welcome, the Brown Act does not allow Council to take action on any item not on the agenda The Council will respond to comments after Public Communications is closed MEMORIALS — CLOSED SESSION The City Council may move into a closed session pursuant to applicable law, including the Brown Act (Government Code Section §54960, et sue) for the purposes of conferring with the City's Real Property Negotiator, and /or conferring with the City Attorney on potential and /or existing litigation, and /or discussing matters covered under Government Code Section §54957 (Personnel), andlor conferring with the City's Labor Negotiators REPORT OF ACTION TAKEN IN CLOSED SESSION (if required) ADJOURNMENT POSTED DATE a 7 0-S TIME NAME ()2 roctamation Cttp of pet *taunbo, catiforuia WHEREAS, May is traditionally Older Americans Month, a time to celebrate and pay tribute to the Senior Citizen Volunteers of El Segundo; WHEREAS, Older Americans possess and share a wealth of experience, background and history, making them one of the City's most enduring resources and an important part of the ties that bind both family and community, WHEREAS, Today's efforts in designing a coordinated community -based system of care and services win contribute to the well -being of all Americans in the 21st century; WHEREAS, Harry Whitcomb was elected by his peers as the El Segundo 2005 Senior Citizen of the Year, a recognition which offers our residents an opportunity to reflect upon the multiple talents and accomplishments of our City's older citizens. NOW, THEREFORE, on this 3`s day of May, 2005, the Mayor and Members of the City Council of the City of El Segundo, California, do hereby proclaim the month of May, 2005 OLDER AMERICANS MONTH and HARRY WHITCOMB the 2005 El Segundo Senior Citizen of the Year and hereby invite the community to participate in the Elderfest Celebration on May 21, 2005, from 11:00 a in to 2 00 p.m., honoring HARRY WHITCOMB and other senior citizens who have given generously of their time and talent to improve the quality of life for all. lC rocramation Citp of el *egunbo, Catifornia WHEREAS, The El Segundo Fire and Police Departments have provided public service for over 80 years to the citizens of El Segundo, including fire suppression, safety and security, fire and crime prevention activities and public education, as well as a commitment to our core values of respect, integrity, service and excellence; and WHEREAS, The El Segundo Fire and Police Departments also administer life- saving paramedic services to victims of illness and injury, provide specialized rescue services and respond to hazardous materials incidents, and WHEREAS, The El Segundo Fire and Police Departments have set aside Saturday, May 7, 2005 to hold Open House for the public to observe the many functions of their respective personnel, equipment, and facilities, experience a SWAT demonstration, and learn of their readiness to protect the lives and property of the citizens they serve, and WHEREAS, The Fire Department Open House will take place at Fire Station No 1, 314 Main Street, from 10:30 a m. to 1.00 p m. on May 7th; and the Police Department Open House will take place at the Police Station, 348 Main Street, from 10 00 a.m to 2:00 p.m on the same day NOW, THEREFORE, the Mayor and Members of the City Council of the City of El Segundo do hereby proclaim Saturday, May 7, 2005 as EL SEGUNDO FIRE AND POLICE SERVICE DAY and invite the community to participate in the joint Open House. ��curwol. /��rrL�t (A.cn.� � %irik�c i � /'rr�rtroL �(� /sin.Ga). <!!�2LG �ctcv/hvn It rocramationCitp of V *egunbo, Cattfornta WHEREAS, Two hundred years ago, volunteers played a unique role in the founding of our country and in the drafting of our Constitution, and volunteers have continued to be involved through the years in every aspect of the building of our country; and WHEREAS, Today, over 90 million outstanding citizens, from every age group, from youth to senior citizens, and from every waltz of life, give selflessly of themselves to others through volunteer work, thus exemplifying the sport of caring and compassion for others which is a vital part of our national character, and WHE REAS, We are facing an era of changing priorities on the national, state and local levels in which resources are becoming more scarce in the face of growing and changing needs, and WHEREAS, It is fitting for all citizens to take pride in our volunteer heritage and to give special recognition to the volunteers and volunteer programs in our community. NOW, THEREFORE, the Mayor and the Members of the City Council of the City of El Segundo, California, do hereby proclaim the month of May as VOLUNTE'E'R RECOGNITIONMONTH in the City of El Segundo in honor of those who, imbued with the spirit of goodwill, offer freely their services to the community l �Frv�m�,)iG /�in�it �W.. � � i�cLM.� ��ieiireceL. /�ir2/. cL �FmLG nd+�iY�p -ro w i Arta Y at1 An Cttp of el &rqunbo, California WHEREAS, Over sixty million Americans have cardiovascular disease and over one million people die from the disease annually, and each year three hundred thousand Americans have cardiovascular emergencies. WHEREAS, Ninety -five percent of Americans who suffer cardiovascular emergencies die before reaching an emergency room, and the rate of survival increases dramatically when a family member, friend or passer -by can immediately start Cardio- Pulmonary Resuscitation (CPR) WHEREAS, The El Segundo Fire Department and the American Red Cross have historically provided exemplary emergency medical care and training, and continue this tradition with Super CPR Saturday WHEREAS, El Segundo High School provides a critical element for the Super CPR Saturday by allowing use of the school's facilities that accommodates the training of approximately 300 people WHEREAS, Super CPR Saturday receives generous financial and in -land support from our corporate and service club sponsors (Chevron, DirecTV, Raytheon, Northrop Grumman, Mattel, Kiwams, Honeywell, and McDonalds) that enables this valuable community event to be held NOW, THEREFORE, the Mayor and the Members of the City Council of the City of El Segundo, California, hereby proclaim Saturday, June 4, 2005, from 8.00 a m, to 4:00 p m., as SUPER CPR SATURDAY, and encourage participation in CPR training by registering with the El Segundo Fire Department. _ 91> � �1 C� i� L '4 y Baker to Vegas 2005 Certificates of Recognition Presented to Members of Team Gundo for Participating In their 1s` Solo 120 -mile Run Captain- -Glenn Delmendo Co- Captains - -Lisa Castro & Lisa Bowen Runners Tony de la Rambelje Marco Lemus Ray Garcia Ed Villareal Mitch Tavera Walt Krumbach Scott Doukakis Aaron Plugge Ken Cheng Mike Gill Vince Martinez Phill Stolnack Rex Fowler Rudy Kerkhof Kenny McShane Bob Turnbull Hugo Perez Chris Cameron Brian Evanski Glenn Delmendo Alternate Runners Jack Wayt Carlos Mendoza David Cummings Steve Leigh Support Jennifer Malone Kathy Cummings AI & Marie Graham Jennifer Turnbull Max & Anita Phipps Jan Mitsuda Glenn Coles Tammy Appleton Dean Howard Martin Whitehead Dominic Dannan Jeff & Diana Rudolph * *A special thanks to the entire department who worked to keep the station going so we could participate, without them there wouldn't be a Team Gundol IJ EL SEGUNDO CITY COUNCIL MEETING DATE May 3, 2005 AGENDA ITEM STATEMENT AGENDA HEADING. Unfinished Business AGENDA DESCRIPTION' Consideration and possible action regarding the formation of an ad -hoc subcommittee consisting of two City Council Members to review the development standards set forth in the El Segundo Municipal Code regarding the single family (R -1) residential zone for purposes of making potential recommendations to the Council to revise the Code to address the impacts of the large single family residential structures being erected in the City RECOMMENDED COUNCIL ACTION 1) Approve the formation of an ad -hoc subcommittee to review development standards regarding the R -1 zone, 2) Appoint two City Council Members to the subcommittee, and /or, 3) Alternatively, discuss and take other action related to this item BACKGROUND & DISCUSSION. At the April 19, 2005 City Council meeting Council Member Jim Boulgarides introduced an item to review the current development standards regarding the R -1 zone. Council Member Boulgarides reason for the proposed review is to attempt to address concerns raised by residents regarding the large single family residences that are being constructed in the City that in some cases lack appropriate architectural relief and /or the impact the structures have on neighboring properties (for example, loss of privacy, and blocking of natural light and air flow) The consensus of the Council was to form an ad hoc subcommittee that would be composed of two City Council Members The subcommittee will review current development standards and make recommendations to the Council for its consideration regarding potential changes to the Code (Continued on next page ) ATTACHED SUPPORTING DOCUMENTS: None FISCAL IMPACT Capital Improvement N/A Amount Requested. N/A Account Number. N/A Project Phase. N/A Appropriation Required —Yes X No ORIGINATED BY. DATE• Seimone Jurjis, Director of Planning and Building Safety REVIEWWrenn, DATE ' S ty Manager BACKGROUND & DISCUSSION (cont) If the Council ultimately determines to pursue revisions to the R -1 zone development standards, the staff would conduct a review of the proposed revisions pursuant to the California Environmental Quality Act and then schedule the revisions for a public hearing before the Planning Commission The Commission, upon conclusion of the public hearing, would adopt a resolution making recommendations to the Council regarding the proposed changes Finally, the Council would need to conduct a public hearing to consider the proposed Code revisions. P \Planning & Building Safety \S7urlis \Staff Reports Part 2 \Design Review Committee \Design Std SubCom staff rpt 5 -03 -2005 Final doc H 1� ❑z OLL Z� D m W� m� �o w i- LL m O �a Uw 3 w 0 m 3w B LL a r w a 0 LL m FO y m a w 6 H z �a o 0 y2 i Q O U O1 06 O O4 w w Wr w w w 0 0 0 0 u z x r °a w w w o u v v i r y� y M O d C U ❑ a u @ n d ❑ w � E ��a a o �LL c m LL w i55 ❑ o Z❑ Q Q O LL 0 2 M U Z S W❑❑ F H ❑ g LL KO a F w g z n 6 F 6 � F w u LL LL' m o v= � '°° N b f z❑ ug U z¢? o m w rc zd ❑❑❑ W W w �- r m T m$° m`� LLLLUm�anmin ¢W'W y w 3u3 m»w z p r m m i o m ❑ �� i� rc w 2 ..Rio z w V 5 ua✓i N¢w LL�u��J p� z�i LLw� p�Ja� z? runty m uwi � ° ° o y � ° A m "m Yl � �yU-, U' Q ❑QU¢NOKa m�a �m�Uf�LL W ❑❑O O N ^ S 9�.G 6w a%�1�� Q W w 4a ¢ rqXq N p�p o o� f a n Nito6u i u» a ci2 d° i s o J\ ua Q m o� o O ¢ ¢ U � ii U m u a m 2 0 ❑ is 11 CITY OF EL SEGUNDO PAYMENTS BY WIRE TRANSFER 4/8/2005 THROUGH 4/21/2005 Date 4/8/05 4/8/05 4/8/05 4/8/05 4/11/05 4/12/05 4/13/05 4/13/05 4/19/05 4119/05 4/20/05 4/20/05 4/8-4/21/05 Payee Amount Cal PERS Federal Reserve Federal Reserve Federal Reserve West Basin Cal PERS Lan Donovan Golf Ptrs Health Comp IRS Employment Development Health Comp La Salle Workers Comp Activity DATE OF RATIFICATION: 5/3/05 TOTAL PAYMENTS BY WIRE: Certified as to the accuracy of the wire transfers by 294,259 23 25000 25000 25000 599,197 53 213,609 32 18,981 25 1,21422 170,323 39 33,308 51 1,73079 43,725 00 54,492 59 1,431,591 83 y asjo Date � Date D to Description PERS Health Employee Savings Bonds EE Employee Savings Bonds I Employee Savings Bonds I H2O payment PERS Retirement Lakes Payroll Transfer Weekly claims 4/8 Federal Taxes State Taxes Weekly claims 4/15 ABAG monthly payment SCRMA checks issued Information on actual expenditures is available in the City Treasurer's Office of the City of El Segundo 1,431,591.83 i9 REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, APRIL 19, 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 SPECIAL MATTERS Present Present Present Present - arrived at 5 03 p m. - Present 1 Consideration and possible action regarding the appointment of the Assistant City Manager Jeff Stewart as the Labor Negotiator with respect to all City employees who are not members of collective bargaining units MOVED by Council Member Jacobson, SECONDED by Mayor McDowell appoint Assistant City Manager Jeff Stewart as the Labor Negotiator with respect to all City employees who are not members of collective bargaining units MOTION PASSED BY UNANIMOUS VOICE VOTE 4/0 COUNCIL MEMBER BUSCH ABSENT City Attorney Mark Hensley announced that Council would be meeting in closed session pursuant to item identified on the agenda and that the 54956 9(b) item is a threat of litigation regarding 916 Sheldon Street 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 conferrng 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 3 MINUTES OF THE REGULAR CITY COUNCIL MEETING April 19„ 2005 PAGE NO 1 20 C. UNFINISHED BUSINESS Consideration and possible action regarding the formation of an ad -hoc subcommittee consisting of two City Council Members to review the development standards set forth in the El Segundo Municipal Code regarding the single family (R -1) residential zone for purposes of making potential recommendations to the Council to revise the Code to address the impacts of the large single family residential structures being erected in the City. Recommendation — (1) Approve the formation of an ad -hoc subcommittee to review development standards regarding the R -1 zone, (2) Appoint two City Council Members to the subcommittee, (3) Alternatively, discuss and take other action related to this item D. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS E. CONSENT AGENDA All items listed are to be adopted by one motion without discussion and passed unanimously If a call for discussion of an item is made, the item(s) will be considered individually under the next heading of business 2. Warrant Numbers 2546927 to 2547128on Register No. 14 in the total amount of $804,874.66 and Wire Transfers from 418/2005 through 4/21/2005 in the total amount of $1,431,591.83 Recommendation — Approve Warrant Demand Register and authorize staff to release Ratify Payroll and Employee Benefit checks, checks released early due to contracts or agreement, emergency disbursements andlor adjustments, and wire transfers 3. City Council Meeting Minutes of April 19, 2005. Recommendation — Approval 4. Consideration and possible action regarding the approval of the examination plans for the Personnel Merit System job classifications of Police Assistant 1/11 and Engineerinq Technician. Recommendation — (1) Approve the Examination Plan, (2) Alternatively, discuss and take other action related to this item 05 CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Gov't Code §54956 9(a)) — 2 matters 1 City of El Segundo v City of Los Angeles, et. at , 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 CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code §54956 9(b)• -1- potential case (no further public statement is required at this time); Initiation of litigation pursuant to Government Code §549569(c) -1-matter DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957) — None. CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957 6):-2- matters 1 Labor Negotiator: Mayor Kelly McDowell and Council Member Carl Jacobson Unrepresented Employee City Manager Appointee Jeff Stewart 2. Labor Negotiator Jeff Stewart Unrepresented Employees: All Unrepresented City Employees (All City Employees that are not members of collective bargaining units) CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956 8)- -0- matter SPECIAL MATTERS — None Council moved to open session at 6.55 p m. MINUTES OF THE REGULAR CITY COUNCIL MEETING April 19„ 2005 PAGE NO 2 f � REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, APRIL 19, 2005 — 7 00 P M 7 00 P M SESSION CALL TO ORDER — Mayor McDowell at 7 00 p m INVOCATION — Deputy City Clerk Cathy Domann PLEDGE OF ALLEGIANCE — Council Member Jim Boulgandes PRESENTATIONS — (a) Council Member Jacobson presented a Proclamation recognizing El Segundo Police Officer Aaron Corkins and El Segundo Firefighter Andrew Powell as recipients of the 2004 Distinguished Medal Award, and proclaiming April 28, 2005 as Medal of Valor Day in El Segundo to commemorate the heroism and self - sacrifice of past and present recipients of this prestigious award (b) Mayor Pro Tern Gaines presented Commendations to the recipients of the 2004 Waste Reduction Awards Program (WRAP) Chevron, El Segundo Refinery, Northrop- Grumman Integrated Systems Sector, and, Raytheon Company, Space & Airborne Systems (c) Mayor McDowell presented Commendations to six Boy Scouts from Troop 762 in El Segundo Christopher Donahue, Stephen Gardner, Bradley Howell, Brett Kagy, Sean McCormick and Brandon Warner, on having earned the highest rank in Boy Scouts, the Eagle Scout honor (d) Council Member Boulgandes presented a Proclamation recognizing Richmond Street Music Teacher, Kara Baldino, as Teacher of the Year and proclaiming May 2 -6, 2005 Teacher Appreciation Week ROLL CALL Mayor McDowell - Present Mayor Pro Tem Gaines - Present Council Member Boulgandes - Present Council Member Busch - Present Council Member Jacobson - Present MINUTES OF THE REGULAR CITY COUNCIL MEETING April 19_2005 PAGE NO 3 9 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 Lilly Craig, representing Rotary, spoke regarding Item 5 and requested Council waive fees for the upcoming Movie In the Park Event A PROCEDURAL MOTIONS Consideration of a motion to read all ordinances and resolutions on the Agenda by title only MOVED by Council Member Busch, SECONDED by Council Member Jacobson to read all ordinances and resolutions on the Agenda by title only MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0 B SPECIAL ORDERS OF BUSINESS C UNFINISHED BUSINESS D REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS Consideration and possible action regarding a presentation by the Senior Housing Board of the 2005 Budget for the Park Vista Senior Citizen Housing Complex Carol Wingate and Peter Freeman from the Senior Housing Board were available for Council questions MOVED by Council Member Jacobson, Seconded by Mayor Pro Tern Gaines to approve the 2005 approve the 2005 Budget for Park Vista Senior Citizen Housing MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0 2 Consideration and possible action regarding establishing a procedure for each Committee, Commission and Board (CCB) to give an annual report to the City Council regarding the state of the CCB, Including any Issues that should be considered by Council MOVED by Mayor Pro Tern Gaines, SECONDED by Council Member Busch to direct staff to set the procedure for each Committee, Commission and Board (CCB) to give an annual report to the City Council regarding the state of the CCB, including any Issues that should be considered by Council MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0 Deputy City Clerk Domann noted for the record that regarding Consent Item 4, there were no Special Meeting Minutes for April 5, 2005 MINUTES OF THE REGULAR CITY COUNCIL MEETING Apnl 19„ 2005 PAGE NO 4 2; 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 2546680 to 2546926 on Register No 13 in the total amount of $636,684 84 and Wire Transfers from 3/25/2005 through 4/7/2005 in the total amount of $281,194 19 Authorized staff to release Ratified Payroll and Employee Benefit checks, checks released early due to contracts or agreement, emergency disbursements and /or adjustments, and wire transfers 4 City Council Regular Meeting Minutes of April 5, 2005 5 Waived fees for city services associated with Movie in the Park (Fiscal Impact $3,200) 6. Authorized the City Manager to amend professional services agreement number 3451 on behalf of the City for temporary professional accounting services with CBIZ for an amount not to exceed $60,000, Authorized the City Manager to amend a professional services agreement number 3430 on behalf of the City for temporary professional accounting services with Moreland & Associates, Inc for $20,000 7 Approved the Engineering Technician class specification and Examination Plan for Engineering Technician 8 Approved request to utilize necessary city services and the El Segundo Police /Fire Department's facilitation of activities related to the "Every 15 Minutes " program MOVED by Council Member Jacobson, SECONDED Mayor Pro Tern Gaines to approve Consent Agenda Items 3, 4, 5, 6, 7, and 8 MOTION PASSED BY UNANIMOUS VOICE VOTE 510 CALL ITEMS FROM CONSENT AGENDA F NEW BUSINESS — G REPORTS — CITY MANAGER — NONE H REPORTS — CITY ATTORNEY — NONE I REPORTS — CITY CLERK — NONE J REPORTS — CITY TREASURER — NONE K REPORTS — CITY COUNCIL MEMBERS Council Member Boulgandes — MINUTES OF THE REGULAR CITY COUNCIL MEETING April 19„ 2005 PAGE NO 5 ;24 9 Consideration and possible action regarding revising portions of the Site Development Standards in the R -1 Zone text Council directed staff to agendize appointment of a sub - committee, consisting of two Council Members and Planning staff, to make recommendations to changes of the R -1 Zone Site Development Standards Council Member Boulgandes also requested to agendize a presentation by the Surf Rider Foundation on "Smoke Free Beaches" Council Member Busch — NONE Council Member Jacobson — NONE Mayor Pro Tern Gaines — Spoke regarding MAX Policy Board meeting and stated that the new MAX contract was awarded to MV Transit Noted that Lt Col Arnold of Air Force Base Space and Missile Systems, will be retuning Also stated he would not be attending the next City Council meeting but wanted to express his support for the establishment of a zoning sub - committee task force to look at recommended changes of the R -1 Zone Site Development Standards Mayor McDowell — NONE 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. Liz Garnholz, resident, spoke in favor of smoke free beaches but was against dog beaches Also spoke regarding the upcoming meeting on Smokey Hollow and asked if the Club House had been renamed She also stated that she was in favor of R -1 development restrictions and submitted a letter for the record to the Deputy City Clerk MEMORIALS — John Merkovsky, owner of Allegro Music Store CLOSED SESSION - NONE Mayor Pro Tern Gaines requested the City Attorney report back at either of the two meetings in May to give a status on the Aviation Safety and Noise Abatement Committee (ASNAC) ADJOURNMENT at 7 47 p m Cathy Domann, Deputy City Clerk MINUTES OF THE REGULAR CITY COUNCIL MEETING Apnl 19„ 2005 PAGE NO 6 23 EL SEGUNDO CITY COUNCIL MEETING DATE- May 3, 2005 AGENDA ITEM STATEMENT AGENDA HEADING' Consent Calendar AGENDA DESCRIPTION: Consideration and possible action regarding the approval of the examination plans for the Personnel Merit System fob classifications of Police Assistant 1 /11 and Engineering Technician RECOMMENDED COUNCIL ACTION. 1) Approve the Examination Plan, 2) Alternatively discuss and take other action related to this item BACKGROUND & DISCUSSION: Section 1 -6 -9 of the El Segundo Municipal Code, entitled "Examinations ", provides that the Personnel Officer shall review and recommend to the City Manager, who in turn shall recommend to the City Council, an appropriate examination plan and weights for each portion of the examination for Personnel Merit System lob classifications Approval of exam plans for Merit System fob classifications in all City Departments has been required since the passage of initiative Ordinance No 586 in April 1962 - continued on next page - ATTACHED SUPPORTING DOCUMENTS: None FISCAL IMPACT Operating Budget Amount Requested. Account Number Project Phase: Appropriation Required. _Yes X No ORIGINATED // Q DATE: M Bret M Plumlee, Director of Administrative Services C DATE• Agenda 532 a] G BACKGROUND & DISCUSSION: For departments other than the Police and Fire Departments, the plan may consist of any one or combination of the following techniques 1 Written, 2 Oral, 3 Demonstration, 4, Any evaluation of education, experience, or skills or physical fitness, which fairly evaluated the relative capacities of the applicants Police and Fire Departments The examination plan, for entrance or promotional, for the Police and Fire Departments, shall consist of a written examination and one or more of the following 1 Oral, 2 Demonstration; 3 Any evaluation of education certification, experience, or skills or any test of manual skills or physical fitness, which fairly evaluates the relative capacities of the applicant The following position's exam plan has never been established and is now being submitted to the City Council for approval Police Assistant 1111 Written Exam Structured, Technical and Career Preparation Oral Interview Engineering Technician Structured, Technical and Career Preparation Oral Interview Open- Competitive Pass /Fail Weighted 100% Open - Competitive Weighted 100% 27 EL SEGUNDO CITY COUNCIL MEETING DATE: May 3, 2005 AGENDA ITEM STATEMENT AGENDA HEADING Consent Agenda AGENDA DESCRIPTION. Consideration and possible action to approve an employment agreement with Jeff Stewart for the position of City Manager effective July 1, 2005 COUNCIL ACTION: 1) Authorize the Mayor to execute the attached agreement, 2) Alternatively, discuss and take other action related to this item BACKGROUND & DISCUSSION On March 25, 2005, the City Council announced the appointment of Assistant City Manager Jeff Stewart to the position of City Manager effective July 1, 2005, subject to approval of a contract and completion of a background check The Council took subsequent action to appoint Mayor McDowell and Councilmember Jacobson as labor negotiators to negotiate an employment agreement with the City Manager designee. The City Attorney has reviewed and approved as to form the agreement that arose from those negotiations which is attached hereto for the City Council's consideration ATTACHED SUPPORTING DOCUMENTS. Copy of draft Employment Agreement FISCAL IMPACT. N/A Operating Budget Amount Requested: Account Number, Project Phase EMPLOYMENT AGREEMENT THIS EMPLOYMENT AGREEMENT ( "AGREEMENT ") is entered into this 3rd day of May, 2005, between the City of El Segundo ( "CITY ") and Jeffrey L Stewart ( "EMPLOYEE ") SECTION 1. TERM EMPLOYEE will commence employment as city manager for CITY on July 1, 2005 EMPLOYEE's employment with CITY shall be on an at -will basis and will continue until terminated as provided in this AGREEMENT SECTION 2. DUTIES EMPLOYEE shall perform to his best ability the duties and functions of the City Manager, as defined by California state law and CITY Ordinances, Resolutions and Personnel Rules and Regulations, including without limitation acting as the CITY's highest ranking administrative officer and management employee, and shall perform such other legally permissible duties and acts as City Council may direct from time to time SECTION 3. TERMINATION OF EMPLOYMENT (A) By City Council action, CITY may terminate this AGREEMENT at any time, with or without cause, upon written notice to EMPLOYEE If CITY terminates this AGREEMENT for any reason other than (i) EMPLOYEE's willful misconduct, including without limitation, intentionally failing to fulfill EMPLOYEE's duties set forth in SECTION 2 of the AGREEMENT, or (u) conviction of EMPLOYEE of a crime involving moral turpitude, CITY shall pay EMPLOYEE on the effective date of such termination an amount equal to the EMPLOYEE's base salary for a six -month period at EMPLOYEE's rate of pay on the effective date of such termination. Additionally, CITY shall provide EMPLOYEE with the health benefits provided to employee pursuant to Section 4 (C) of this AGREEMENT for such six -month period, (B) EMPLOYEE may terminate this AGREEMENT at any time upon thirty - days written notice to the Mayor of CITY EMPLOYEE shall not be entitled to any compensation upon such a termination except as set forth in Section 3 (C), (C) Upon any termination of this EMPLOYEE's employment, CITY shall pay EMPLOYEE upon the effective date of such termination, an amount equal to the value of the employee's accumulated, but unpaid and unused executive, vacation and sick leave, calculated at EMPLOYEE's rate of pay on the date of termination SECTION 4. COMPENSATION (A) EMPLOYEE's annual base salary is $154,500 which shall be paid in equal bi- weekly payments In addition, subject to the City Council's sole discretion, on July 1, 2006, EMPLOYEE shall be eligible to receive a single payment in an amount not to exceed $15,000 based on the EMPLOYEE's performance during the first twelve month 23 period of this Agreement In addition, the City Council shall evaluate EMPLOYEE's performance and salary annually following the effective date of this AGREEMENT and determine in its sole discretion whether to increase EMPLOYE E's compensation Any increase in compensation must be in a writing and signed by the parties, (B) CITY shall pay EMPLOYEE for professional membership dues and fees as such may be budgeted by the CITY and pay the membership dues and annual conference fees for EMPLOYEE's membership in the International City /County Management Association. EMPLOYEE shall also be reimbursed upon presentation to CITY of verified receipts for sums necessarily incurred by EMPLOYEE in the performance of EMPLOYEE's duties or as otherwise budgeted for by CITY, (C) EMPLOYEE shall be entitled to all other benefits of employment now in effect (excluding salary increases which are governed by Section 4 (A) above), or as hereafter approved by the City Council, which are provided to other management employees of the CITY EMPLOYEE shall accrue executive, vacation and sick leave at the maximum rate provided for management employees SECTION 5. ENTIRE AGREEMENT AND AMENDMENTS CITY and EMPLOYEE acknowledge that no representation, inducement, promise or agreement, oral or written, has been made or is being relied upon which is not set forth in this AGREEMENT. This AGREEMENT supercedes all prior agreements with respect to the subject matter hereof and, to the extent permitted by law, any and all CITY Ordinances, Resolutions or Personnel Rules and Regulations of CITY that have been or may be adopted No amendment or modification to this AGREEMENT shall be effective unless such is in writing and signed by the parties SECTION 6. EFFECT OF WAIVER/SEVERABILITY Failure by either party to insist on strict compliance with any term or condition of this AGREEMENT shall not be deemed a waiver of such term or condition, nor shall any such failure be deemed a waiver of that right at any other time If any provision of this AGREEMENT is held by a court of competent jurisdiction to be unenforceable, the remaining provisions shall remain in full force and effect SECTION 7. EMPLOYEE REPRESENTATION EMPLOYEE represents that he has reviewed this AGREEMENT and has had the opportunity to consult with legal counsel of EMPLOYEE's own choosing with respect to this AGREEMENT. SECTION 8. GOVERNING LAW This AGREEMENT shall be governed by and construed in accordance with the laws of the State of California and the venue for any legal action relating to this AGREEMENT shall be the Superior Court of the State of California, County of Los Angeles J SECTION 9. COUNTERPARTS This AGREEMENT may be executed in counterparts, which counterparts shall constitute the AGREEMENT IN WITNESS WHEREOF, CITY has caused this AGREEMENT to be executed on its behalf by its Mayor and duly attested by its City Clerk, and EMPLOYEE has executed this AGREEMENT on the date first written above ATTEST z Cindy Mortesen, City Clerk APPROVED AS TO FORM 13 Mark Hensley, City Attorney CITY By Kelly McDowell, Mayor EMPLOYEE By Jeffrey L Stewart 31 EL SEGUNDO CITY COUNCIL MEETING DATE. May 3, 2005 AGENDA ITEM STATEMENT AGENDA HEADING: Consent AGENDA DESCRIPTION. Consideration and possible action regarding the award of a five year contract to Great Scott Tree Service, Inc for providing Tree Maintenance Service. (Fiscal Impact $55,000) RECOMMENDED COUNCIL ACTION: Recommendation- (1) Award contract to Great Scott Tree Service, (2) Authorize the City Manager to execute an agreement for services in a form approved by the City Attorney, (3) Alternatively, discuss and take other action related to this item. BACKGROUND & DISCUSSION. This contract provides tree maintenance services to city parkways, medians, parks, and other various city properties. On April 5, 2005, two vendors provided responses for Tree Maintenance Services, RFP #05 -04• West Coast Arbonst and Great Scott Tree Service Inc Great Scott Tree Service Inc provided the lowest bid prices for maintenance services Staff Recommends awarding the contract to Great Scott Tree Service, Inc The evaluation criteria used to select the contractor included. (1) Quality & Completeness of Proposal, (2) Corporate Capability, (3) Reference Evaluation, (4) Ability to link to city's current inventory data base, and (5) Fee Schedule. Great Scott Tree Service Inc. has been providing tree maintenance service for several municipalities including the cities of. West Hollywood, Thousand Oaks, Carson and Seal Beach. ATTACHED SUPPORTING DOCUMENTS: Bid Responses Fiscal Impact: $ 55,000 Operating Budget: 271,000 Account Number: 001 -400- 5102 -6206 Project Phase: Award Contract Appropriation Required: _Yes x No ORIGINATED: 5q" DATE• �j'�.C�'`- ovc- Stacia Mancini, Recreation and Parks Director REVIEWED BY: DATE: Mary Strenn, City Manager W o z o a ua, a A N O O N L6 Q a N O U d N O O. O N 3 J n a O m d c rn o) 2 Q m � L /6 V U �a a m a° c CO a� N Y a �? J J N 000 pp 0 0 0 0 0 0 0 0 0 0 O0 p 0 0 0 0 0 0 0 0 0 0 �'-' o mc`cpmrn�MV iR4949Cy�C9494949 r�i��fDO°.�coN�u0imum0L)voi v' Q:� n��4»49� nF»i�'� m v3 v p 92 Cpj 008000000 N N N1�0 N COpNOOOOON po OOO C> a$ (D a NNNONNNPn, N CV N C N N m CG M N cm m a 0 to Oa a r W N a m r N M N d' N �- cj VV r O ccm N .. 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J J EL SEGUNDO CITY COUNCIL MEETING DATE: May 3, 2005 AGENDA ITEM STATEMENT AGENDA HEADING: Consent AGENDA DESCRIPTION: Consideration and possible action regarding participation by the El Segundo Police Department in a "California Seat Belt Compliance Campaign" ( CSBCC) sponsored by the California Office of Traffic Safety. Participation includes one -time grant funding in the amount of $14,947 RECOMMENDED COUNCIL ACTION: (1) Approve request for the El Segundo Police Department to apply for and utilize funds provided by the California Office of Traffic Safety CSBCC grant, 2) Alternatively, discuss and take other action related to this item BACKGROUND & DISCUSSION: The El Segundo Police Department received notification that applications for a "Mini - Grant' sponsored by the California Office of Traffic Safety were now being accepted to provide funding for specific traffic enforcement related to seatbelt and child safety seat violation Our police department has participated successfully in this and similar traffic related grants over the past three years If awarded, the grant funds will reimburse the City for all personnel costs related to seat belt and child safety seat enforcement during the period of May 16 — June 5, 2005 The requested amount totals $14,947 ATTACHED SUPPORTING DOCUMENTS- Grant Application FISCAL IMPACT: Operating Budget: NIA Amount Requested: N/A Account Number: N/A Project Phase: N/A Appropriation Required: —Yes X No Ma J 4 7 L `^1 CSBCC MINI -GRANT REQUEST FORM �i Submit to the California Office of Traffic Safety, by FAX at (916) 262 -2960 or mail to 7000 Franklin Blvd Suite 440, Sacramento, California, CA 95823 -1899 by December 3, 2004. Agency Name. , El Segundo Police Department County Los Angeles Street Address/P O Box: 348 train Street City El Segundo Zip Code- 90245 Contact Person Lieutenant Robert Turnbull Rank/Title- Lieutenant Telephone 310 524 -2254 Fax- (_ ILO ) 640 -8648 Email Address- rturnbull @else,5undo.org POPULATION (Check appropriate box) Mini -grant Personnel Overtime Hours for May 16 - June 5, 2005 Personnel Under 5,000 Maximum $7,000 xx 5,000 - 50,000 Maxunum $15,000 5) % Medicare 50,001 - 100,000 Maximum $25,000 Supervisor 100,001 - 150,000 Maximum $40,000 3302.40 150,001- 250,000 Maximum $65,000 .0145 Over 250,001 Maximum $90,000 Officer State University/University of California Maximum $10,000 Mini -grant Personnel Overtime Hours for May 16 - June 5, 2005 Personnel 1) Hours 2) Hourly $ OT Rate 3) Total $ Amount 5) % OASDI 5) % St. Corn 5) % Medicare 6) Total % Benefits 7) Total $ Benefits Supervisor 40 82.56 3302.40 0 0 .0145 .0145 47.88 Officer 170 62.09 10555.30 0 0 .0145_ .0145 153.05 CSO Dispatcher Clerical 25 32.69 817.25 .062 .01 .0145 .0865 1 70.69 4 Total $ 14, 674.95 S Total $ 271.62 9) Total Amount Requested: $14,946.57 I certify that the requesting Agency agrees to conduct Roll Call Occupant Protection Enforcement Training, Pre and Post Mobilization seat belt surveys, and to complete the Mira -grant process by August 31, 2005 Submitted by- Date 1i' 5 -O 4 Print Name AA"'J C Title J v EL SEGUNDO CITY COUNCIL MEETING DATE, May 3, 2005 AGENDA ITEM STATEMENT AGENDA HEADING Consent AGENDA DESCRIPTION. Consideration and possible action to waive the formal bidding process on the purchase of radio equipment and the purchase of communications and computer equipment for the El Segundo Police Department The total cost is approximately $111,500 00 using monies awarded through Urban Area Security Initiative (UASI) federal grants The combined Police Department award for FY 2003 and 2004 is approximately $184,868 00 Fiscal Impact: $111,500.00 RECOMMENDED COUNCIL ACTION: 1) Pursuant to El Segundo Municipal Code Sec 1 -7 -10, waive the bidding process, piggybacking on a County of Los Angeles Contract for the purchase of 30 portable radios and one dual -head mobile radio, from the FY 2003 and 2004 UASI funds awarded to El Segundo Police Department $91,000 00 2) Authorize the purchase through a sole source vendor of one dual -head Mobile Digital Computer for the Incident Command Vehicle $9,00000 3) Authorize the purchase through a sole source vendor of three satellite phones, accessories, and service to be utilized during Critical or Terrorism- related incidents $8,00000 4) Authorize the purchase through a sole source vendor of a laptop computer with wireless capability to support the deployment of the Incident Command Vehicle $3,50000 5) Alternatively, discuss and take other action related to this item BACKGROUND & DISCUSSION, On January 20, 2004, the City Council approved the acceptance of $65,383 (FY 2003 pt II) from the Department of Homeland Security (DHS), Urban Area Security Initiative (UASI) grant program On October 19, 2004, the City Council approved the acceptance of an additional $613,950 (FY 2004) in UASI grant funds of which $119,485 was designated to the El Segundo Police Department Continued on next page HED SUPPORTING DOCUMENTS None FISCAL IMPACT. Operating Budget, $184,868 00 Amount Requested. $ 111,500.00 Account Number. 001 -400- 3255 -8104 Project Phase. 06 n BACKGROUND AND DISCUSSION (continued) The UASI Grants are provided on a 100% federal share formula, the Grant reimbursing the City of El Segundo for actual expenditures related to the pre- approved purchases of equipment Radios The Police Department needs to purchase radios that have the capability to operate in multi - mode (digital, analog, and trunked) communication systems at the local, regional, state, or federal levels within Los Angeles County and the OES Mutual Aid regions adjacent the City The new radios, portable and mobile, will have the ability to operate, when programmed, to function in any mode as determined by circumstances and locale All new radios purchased with federal grant funds are required by the FCC and the DHS to be interoperable and analog /digital capable and meet APCO -25 project standards The radios being purchased meet or exceed the standards The criteria used in evaluating the radios to be purchased include 1 Meet or exceed APCO -25 standards 2 Compatibility to communicate with other agencies 3 LCD readout 4 Reliability 5 City -wide uniformity 6 Service record, and a local maintenance facility The Police Department has a long history of purchasing and using Motorola radio products The proposed radios are manufactured by Motorola and through a "piggy- back" arrangement through an existing Los Angeles County Master Pricing Agreement, discounts will be afforded to the City of El Segundo comparable to those offered other agencies within the County Based on the these factors, as well as the efficiency of having identical radios used by both police and fire, the El Segundo Police Department is requesting a sole source purchase from Motorola Mobile Digital Computer (MDC) The Data 911 MDC will be installed in the Police Departments Incident Command Vehicle The dual -head capability will allow operation from either the front or rear section of the vehicle This MDC system is identical to those currently used within the City Satellite Phones The proposed satellite phones (3) will be utilized during critical incidents or terrorist incidents to augment or supplant other forms of communication (radio, NexTel, etc) Should the radio communication system be overwhelmed during an incident, cell sites down due to power loss or call volume, satellite phones will allow users to communicate The grant allows for reimbursement not only the equipment, but for service related to the phone ,57 BACKGROUND AND DISCUSSION (continued) Computer The laptop computer with wireless capability will be utilized to enhance and supplement communication equipment installed in the Incident Command Vehicle The computer will also have GIS, OES forms, ICS documents, and other relevant data installed that will assist in the management of critical or terrorist incidents The laptop computer is compatible with those currently used within the City The aforementioned radios and electronics supplement the existing police department equipment inventory To accommodate the future replacement of the items, the city should add $16,000 00 per year for seven years to the equipment replacement account Conditions required under this grant 1) All equipment purchased under the grant funding is required to be maintained and replaced under the City's capital equipment replacement standards 2) The City of El Segundo must maintain an inventory system for all items purchased under DHS grant programs 3) The City is required to certify that all equipment purchased can only supplement on -going or future programs Supplement is defined as "funds will be used to supplement existing funds and will not replace (supplant) funds that have been appropriated for the same purpose" :5v EL SEGUNDO CITY COUNCIL MEETING DATE: May 3, 2005 AGENDA ITEM STATEMENT AGENDA HEADING. Consent AGENDA DESCRIPTION' Consideration and possible action to accept cash contributions totaling $2,250 from Chevron Products Company ($1,000), DirecTV ($750), and Northrop Grumman ($500) donated to the El Segundo Fire Department in support of Super CPR Saturday, to be held June 4, 2005, for supplies, equipment, and other resources Fiscal Impact None RECOMMENDED COUNCIL ACTION: 1) Accept donation and authorize the City Manager to transfer the monies into the CPR General Fund account, 2) Alternatively, discuss and take other action related to this item BACKGROUND & DISCUSSION: Since 1996, the El Segundo Fire Department, in conjunction with the American Red Cross, has sponsored Its annual Super CPR Saturday event This event offers FREE Adult CPR training to the community at large and traditionally trains approximately 350 citizens In one day Over the past eight years, the event has trained several thousand people from all over the South Bay in the necessary skills to perform CPR and perhaps save a life This event cannot be conducted without the generous support and contributions from community groups and local business and industry ATTACHED SUPPORTING DOCUMENTS: None FISCAL IMPACT- Operating Budget. $2,25000 Amount Requested: None Account Number: 001 - 300 - 0000 -3850 Project Phase, Appropriation Required: _Yes X No ORIGINATED BY- DATE: qj 2 z _as REVIEWED ief J: 9 EL SEGUNDO CITY COUNCIL AGENDA ITEM STATEMENT DESCRIPTION' MEETING DATE- May 3, 2005 AGENDA HEADING: Consent Agendc Consideration and possible action regarding approval of a resolution authorizing the County of Los Angeles Flood Control District to implement pollution reduction measures at Its facilities at 199 Standard Street (Arena Pump Station) and 223 Center Street (El Segundo Pump Station) through the construction of systems that will divert dry weather flows to the City's sanitary sewer system for treatment (Fiscal Impact — None) RECOMMENDED COUNCIL ACTION' Recommendation (1) Adopt proposed Resolution; and /or (2) Alternatively, discuss and take other action related to this item BACKGROUND & DISCUSSION The storm drain system carries storm flows to the ocean without treatment During dry periods, urban runoff such as excess irrigation, car washes and other non storm related flows are also discharged, without treatment, to the ocean (Background and discussion continued on the next page.. ) ATTACHED SUPPORTING DOCUMENTS Proposed Resolution FISCAL IMPACT None Operating Budget. Capital Improvement Program Amount Requested. Account Number: Project Phase Appropriation Required ORIGINATED BY DATE Final L A County Proj 3402 cc 5-3 -051 40 BACKGROUND & DISCUSSION: (continued) To reduce the quantity of dry weather discharges, the County of Los Angeles Flood Control District (District) is proposing to Install low -flow diversion systems at the County facilities at Arena Pump Station (199 Standard Street) and El Segundo Pump Station (223 Center Street) The proposed diversion systems will divert dry weatherflows to the City's sewer system which will convey the flows to the Hyperion treatment plant for treatment Instead of to the ocean The diversion systems will be constructed and maintained by the District Additionally, the District has committed to pay the City all costs to treat the diverted flows at the Hyperion treatment plant The proposed construction would take place during the daytime hours between May 15, 2005, and October 2005 The District has requested that the City provide Its approval of the protect through a resolution of the City Council Staff recommends authorizing the District to proceed with this project This project Is part of a proactive effort by the District to reduce the quantity of pollutants being discharged to the ocean through the storm drain system The State has Identified Santa Monica Bay Beaches as being "Impaired" due to excessive amounts of certain bacteria which have, from time to time, prevented the beaches from being used for recreational purposes In 2003, the State Issued Total Maximum Dally Loads (TMDLs) which Impose numerical limits on the discharge of specific pollutants Agencies draining to the Santa Monica Bay are currently preparing an Implementation plan to achieve compliance with the TMDLs This plan proposes specific projects and programs to achieve compliance The diversion protects proposed by the District are recommended In the Implementation plan Final L A County Prot 3402 cc 5 -3 -05 41 RESOLUTION NO. A RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR PROJECT NO. 3402 AS REQUESTED BY THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT AND AUTHORIZE THE DISTRICT TO COMMENCE WORK ON THAT PROJECT WITHIN THE CITY'S JURISDICTION. The City Council of the city of El Segundo does resolve as follows SECTION 1 The City Council finds and declares as follows A On March 21, 2005, the Los Angeles County Flood Control District ( "District ") requested that the City take action to approve Project No 3402 which involves construction, reconstruction, and maintenance of low -flow diversions at the Arena Pump Station and El Segundo Pump Station ( "Protect), B Public Contract Code §§ 20990 -20997 regulate the manner in which public works protects constructed by the District must be approved, C Public Contract Code § 20995 generally requires the City Council to approve the plans and specifications of any protect proposed by the District before work on a protect can begin, D Based upon information supplied by the Public Works Department, it appears that the plans and specifications proposed by the District meet the City's requirements, E The City Council also wishes to obtain the immunities set forth in Government Code § 830 6 with regard to the plans and construction of the Protect, F The City Council believes that the Protect will benefit the City and it is therefore in the public interest to approve the Protect and authorize the District to begin work SECTION 2 Design Immunity A The design and plans for the Protect are determined to be consistent with the City's standards and are approved B The design approval set forth in this Resolution occurred before actual work on the Protect construction commenced C The approval granted by this Resolution conforms with the City's General Plan Page 1 of 3 D The approval and authorization granted by this Resolution is intended to avail the City of the immunities set forth in Government Code § 830 6 SECTION 3 Environmental Assessment A The City reviewed the project's environmental impacts under the California Environmental Quality Act (Public Resources Code §§ 21000, et seq , "CEQA "), the regulations promulgated thereunder (14 Cal Code of Regulations § §15000, et seq , the "CEQA Guidelines "), and the City's Environmental Guidelines (City Council Resolution No 3805, adopted March 16, 1993), B The Project is categorically exempt from review under CEQA and the CEQA Guidelines and the City's Environmental Guidelines since it would constitute the operation, repair, maintenance, and minor alteration of an existing public facility used to provide sewer services In addition, the Project would add safety and health protection devices to an existing public facility Accordingly, the Project constitutes a Class 1 exemption pursuant to CEQA Guidelines § 15301 SECTION 4 Authorizations A The District may commence work on the Project in conformance with applicable law, B The City Engineer, or designee, is authorized to issue permits, in accordance with the El Segundo Municipal Code ( "ESMC "), allowing the District's use of public streets and right -of -ways at no cost, C The City Manager, or designee, is authorized to take such appropriate action as is required to implement the purpose of this Resolution including, without limitation, executing documents in a form approved by the City Attorney, D The City, when legally permissible and upon District's request, will grant, transfer, or assign all prior rights over utility companies when necessary to construct and complete the Project Once installed, the City will not hold the District responsible for relocation, alteration, modification expenses associated with the location of this Project that might otherwise be required by future public works projects Page 2 of 3 43 SECTION 5 The City Clerk is directed to certify the adoption of this Resolution SECTION 6 This Resolution will become effective immediately upon adoption PASSED AND ADOPTED this _ day of , 2005 ATTEST Cindy Mortesen, City Clerk APPROVED AS Mark D Hensle% L-075 Kelly McDowell, Mayor Karl H. "Berger, Ap�i�tant City Attorney Page 3 of 3 Y EL SEGUNDO CITY COUNCIL AGENDA ITEM STATEMENT MEETING DATE- May 3, 2005 AGENDAHEADING- Consideration and possible action regarding acceptance of the George E Gordon Clubhouse Interior Painting — Project No PW 05 -03 (Final Project Cost = $14,100 00) and The George E Gordon Clubhouse Plumbing Refurbishment — Project No PW 05 -02 (Final Project Cost = $16,747.00), both located at 300 East Pine Avenue. RECOMMENDED COUNCIL ACTION. Recommendation — (1) Approve Change Order No 1 for $5,000 00, (2) Accept the work as complete, (3) Authorize the City Clerk to file the City Engineer's Notice of Completion in the County Recorder's Office, and /or (4) Alternatively discuss and take other action related to this Item BACKGROUND & DISCUSSION: On March 15, 2005, City Council awarded contracts In the amount of (1) $16,000 00 to Daphne Painting for painting all interior surfaces at the George E Gordon Clubhouse, and (2) $15,000 00 to All -Area Plumbing for refurbishing plumbing fixtures and reactivating plumbing systems at the George E Gordon Clubhouse (Background and discussion continued on the next page) ATTACHED SUPPORTING DOCUMENTS: 1 Notice of Completion Project No 05 -03 2 Notice of Completion Project No 05 -02 FISCAL IMPACT Operating Budget Amount Requested, Account Number Project Phase Appropriation Required. ORIGINATED BY- �St e Fenton, City Engineer Ma $31,00000 $30,84700 301 - 400 - 8202 -8490 Accept the work as complete No 4 -17 DATE. Final Clubhouse Notice of Completion 5 -3 -05 1 1 45 BACKGROUND AND DISCUSSION (continued) After award of contract, It was determined the doors at the Clubhouse needed to be painted The cost associated with this portion of the Clubhouse Interior Painting Project resulted in Changed Order No 1 in the amount of $5,000 00 All work has now been completed to the satisfaction of the City and staff recommends acceptance of the projects Final Clubhouse Notice of Completion 5 -3 -05 46 Recording Requested by and When Recorded Mad To: City Clerk, City Hall 350 Main Street El Segundo, CA 90245 NOTICE OF COMPLETION OF CONSTRUCTION PROJECT Protect Name Clubhouse Plumbing Refurbishment Project No PW 05 -02 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 EI 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 City Facilities 5 A work of improvement on the property hereinafter described was field reviewed by the City Engineer April 8, 2005 The work done was refurbish plumbing fixtures and reactivate plumbing systems at the George E Gordon Clubhouse 6 On May 3, 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 All -Area Plumbing 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 George E Gordon Clubhouse, 300 E Pine Ave 9 The street address of said property is 300 E Pine Ave Dated VERIFICATION Steve Fenton, City Engineer I, the undersigned, say I am the City Engineer of the City El Segundo, the declarant of the foregoing Notice of Completion, I have read said Notice of Completion and know the contents thereof, the same is true of my own knowledge I declare under penalty of perjury the foregoing is true and correct Executed on , 2005 at El Segundo, California Steve Fenton, City Engineer 4w Recording Requested by and When Recorded Mad To: City Clerk, City Hall 350 Main Street El Segundo, CA 90245 NOTICE OF COMPLETION OF CONSTRUCTION PROJECT Project Name Clubhouse Interior Painting Project Project No PW 05 -03 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 City Facilities 5 A work of improvement on the property hereinafter described was field reviewed by the City Engineer March 29, 2005 The work done was paint all interior surfaces at the George E Gordon Clubhouse 6 On May 3, 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 Daphne Painting Company 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 George E Gordon Clubhouse, 300 E Pine Ave 9 The street address of said property is 300 E Pine Ave Dated VERIFICATION Steve Finton, City Engineer I, the undersigned, say I am the City Engineer of the City El Segundo, the declarant of the foregoing Notice of Completion, I have read said Notice of Completion and know the contents thereof, the same is true of my own knowledge I declare under penalty of perjury the foregoing is true and correct Executed on , 2005 at El Segundo, California Steve Finton, City Engineer 48 EL SEGUNDO CITY COUNCIL AGENDA ITEM STATEMENT /IX =1:I171 MEETING DATE May 3, 2005 AGENDA HEADING: Consent Agenda Consideration and possible action to approve a Memorandum of Understanding with the Metropolitan Transportation Authority setting the terms and conditions of a Proposition C fund grant in the amount of $500,000 for the Douglas Street Gap Closure Project (Fiscal Impact- Grant Revenue of $500,000) RECOMMENDED COUNCIL ACTION: Recommendation — (1) Approve Memorandum of Understanding, (2) Authorize the City Manager to execute the MOU, approved as to form by the City Attorney, and /or (3) Alternatively, discuss and take other action related to this item BACKGROUND & DISCUSSION. Bids for the construction of the Douglas Street Gap Closure Project are scheduled to be opened on May 17, 2005 with construction scheduled to commence in summer 2005 (Background and discussion continued on the next page) ATTACHED SUPPORTING DOCUMENTS- Draft Memorandum of Understanding FISCAL IMPACT. MTA Grant Revenue of $500,000 Proposition "C" Revenues Operating Budget: Capital Improvement Program: Amount Requested Account Number. Project Phase- Appropriation Required. ORIGINATED BY- DATE St e tin n -- � /fie DS , ity Engineer City Manager P?JS- Final Douglas Gap MOU Prop C 5 -305 1 ` 40 BACKGROUND AND DISCUSSION (Continued) During the design phase of the project, it was determined that additional funds would be required to construct the project Therefore, the City requested the Metropolitan Transportation Authority (MTA) to dedicate additional funding to the project On March 24, 2005, the Metropolitan Transportation Authority (MTA) approved an additional grant in the amount of $500,000 from its discretionary Proposition "C" funds due to the project's benefit to the Metro Green Line Light Rail Station. The MTA has developed the attached Memorandum of Understanding which will set the terms and conditions of the grant As a separate effort, the City and the MTA are working to establish a line of credit to be accessed in the event that additional funds are needed to construct the project The line of credit would provide up to $3 Million for construction and would be paid back to the MTA, with interest, over a specified term The details of the arrangement are being finalized and will be presented to Council for consideration at a later date Final Douglas Gap MOU Prop C 5-M5 50 DRAFT MOU.P0006330 FTIP#' LA996330 CALL FOR PROJECTS PROPOSITION C MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding ( "MOU'l is dated for reference purposes only April 22, 2005, and is by and between the Los Angeles County Metropolitan Transportation Authority ( "MTA ") and City of El Segundo ( "Grantee ") for the Douglas Street Gap Closure - MTA Call for Projects ID# 6330 and FTIP # LA996330 (the "Project"). WHEREAS, the MTA Board, at its meeting on March 24, 2005, authorized a grant to Grantee, subject to the terms and conditions contained in this MOU. NOW, THEREFORE, the parties hereby agree as follows: The terms and conditions of this MOU consist of the following and each is incorporated by reference herein as if fully set forth herein- 1 . Part I - Specific Terms of the MOU 2 Part II - General Terms of the MOU 3 Attachment A - Programmed Budget 4 Attachment 8 - Financial Plan 5 Attachment C - Scope of Work 6. Attachment D - Reporting and Expenditure Guidelines 7. Attachment D1 - Quarterly Progress /Expenditure Report 8 Any other attachments or documents referenced in the above documents In the event of a conflict, the Special Grant Conditions, if any, shall prevail over the Specific Terms of the MOU and the Specific Terms of the MOU shall prevail over the General Terms of the MOU 51 Douglas Street Gap Closure - #6330 Memorandum of Understanding (MOU) MOU P0006330 IN WITNESS WHEREOF, the parties have caused this MOU to be executed by their duly authorized representatives as of the dates indicated below. MTA. LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY 99 Roger Snoble Date Chief Executive Officer APPROVED AS TO FORM- Raymond G Fortner, Jr County Counsel By: Deputy GRANTEE: CITY OF EL SEGUNDO By. Mary Strenn City Manager APPROVED AS TO FORM Is Date Date Date rev date 8 19 04 2 52 Douglas Street Gap Closure - #6330 Memorandum of Understanding (MOU) MOU P0006330 PART SPECIFIC TERMS OF THE MOU Title of the Project (the "Project "): Douglas Street Gap Closure 2 To the extent the Funds are available, the MTA shall make to Grantee a one -time grant of the funds in the amount of: $500,000 (the "Funds'l for the Project. MTA Board action of March 24, 2005, granted the Funds to Grantee for the Project over one year, Fiscal Year (FY) 2005 -06 3. This one time grant shall be paid on a reimbursement basis. The Grantee must provide the appropriate supporting documentation with the Quarterly Progress /Expenditure Report The MTA will withhold five percent (5 %) of the grant amount as retainage pending an audit of expenditures and completion of scope of work. 4. The Programmed Budget (the "Programmed Budget ") documents the sources of funds programmed for the Project as approved by the MTA and is attached to this MOU as Attachment A. The Programmed Budget includes the total programmed budget for the Project, including funds programmed bythe MTA and the Grantee Funding Commitment (local match). The Programmed Budget also includes the fiscal years in which all funds for the Project are programmed 5. The Financial Plan (the "Financial Plan ") documents the proposed cash flow for the Project and is attached to this MOU as Attachment B. The Financial Plan is the entire financial plan for the Project, and shows the total sources of funds programmed to the Project, including the Grantee Funding Commitment for this Project as well as the fiscal year and quarter the funds for the Project will be expended To the extent Grantee updates the Financial Plan, such update shall be submitted to the MTA Project Manager and provided MTA concurs with such updated Financial Plan in writing, Attachment B shall be automatically replaced with the latest MTA approved Financial Plan 6 Grantee shall complete the Project as described in the Scope of Work. The Scope of Work (the "Scope of Work ") for the Project is attached to this MOU as Attachment C. The Scope of Work includes a description of the Project and a detailed description of the work to be completed including, Project milestones consistent with the lapsing policy. The Scope of Work also includes a set schedule, which must be adhered to Work shall be delivered in accordance with that schedule unless otherwise agreed to by the parties in writing. If a Grantee is consistently behind schedule in meeting milestones or in delivering the Project, then MTA will have the option to terminate this MOU for default as described in Part II, Section 9. No changes in the Project schedule will be allowed without written concurrence from the MTA. 7 No changes to the (i) grant amount, (it) Programmed Budget, (in) the Scope of Work, or (iv) the lapse date of the Funds shall be allowed without a written amendment to this MOU, approved and signed by the MTA Chief Executive Officer or his /her designee and the Grantee. Modifications that do not materially affect the terms of this MOU, such as redistributing Funds among existing budget line items or non - material schedule changes must be formally requested by the Grantee and approved by the MTA in writing. Non - material changes are r ,) rev date 8 19 04 3 J 0 Douglas Street Gap Closure - 716330 Memorandum of Understanding (MOU) MOU P0006330 those changes, which do not affect the grant amount, Programmed Budget, Financial Plan, the Scope of Work or the lapse date of the Funds 8 MTA's Address: Los Angeles County Metropolitan Transportation Authority One Gateway Plaza Los Angeles, CA 90012 Attention: Alan Patashnick MS 99 -22 -3 9. Grantee's Address City of El Segundo 350 Main Street El Segundo, CA 90245 Attention: Bellur Devaraj 10. MAINTENANCE OF EFFORT -- MOE On September 26, 2002, the MTA Board decided that prior to receiving Proposition C 10% or 25% grant funds through the Call for Projects, Grantee must meet a Maintenance of Effort (MOE) requirement consistent with the California Streets and Highways Code Section 2182.1. With regard to enforcing the MOE, the MTA will follow the State of California MOE requirement, including, without limitation, suspension and re- implementation rev date 8 19 04 4 C ' J1 Douglas Street Gap Closure - #6330 Memorandum of Understanding (MOU) MOU P0006330 PART II GENERAL TERMS OF THE MOU 1 TERM: 1.1 The term of this MOU shall commence on the date this MOU is fully executed and, shall terminate upon the occurrence of all of the following, unless terminated earlier as provided herein- (i) the date the agreed upon Scope of Work has been completed and signed -off by the MTA Project Manager; (it) all MTA audit and reporting requirements have been satisfied, and (iii) the final disbursement of the Funds has been made to the Grantee All eligible Project expenses as defined to the Reporting and Expenditure Guidelines (Attachment D), incurred after the MOU is executed shall be reimbursed in accordance with the terms and conditions of this MOU unless otherwise agreed to by the parties in writing. 1.2 Should MTA determine there are insufficient Funds available for the Project, MTA may terminate this MOU by giving written notice to Grantee at least thirty (30) days in advance of the effective date of such termination. If this MOU is terminated pursuant to this section, MTA will not reimburse Grantee any costs incurred after the termination date, except those necessary to return any facilities modified by the Project's construction to a safe state The MTA's share of these costs will be consistent with the established funding percentages outlined in the MOU. 2. INVOICE BY GRANTEE: Unless otherwise stated in this MOU, the Quarterly Progress /Expenditure Report, with supporting documentation of expenses and Project progress as described in Part 11, Sections 5 1 of this MOU, and other documents as required, shall satisfy MTA invoicing requirements Send invoice with supporting documentation to: Los Angeles County Metropolitan Transportation Authority Accounts Payable P. O. Box 512296 Los Angeles, CA 90051-0296 Re MTA Project ID# 6330 and MOU #P.0006330 Alan Patashnick, Project Manager 3. USE OF FUNDS: 3.1 The Grantee shall utilize the Funds to complete the Project as described in the Scope of Work and in accordance with the Reporting and Expenditure Guidelines (Attachment D) and the most recently adopted MTA Proposition C Guidelines for the type of Proposition C funds granted by the MTA hereunder (the "Guidelines "). rev date 8 19 04 5 55 Douglas Street Gap Closure - #6330 Memorandum of Understanding (MOU) MOU P0006330 32 Attachment C shall constitute the agreed upon Scope of Work between MTA and the Grantee for the Project The Funds, as granted under this MOU, can only be used towards the completion of the Scope of Work originally adopted by the MTA Board. Any Scope of Work changes must be approved in writing by the MTA. 3.3 Grantee shall not use the Funds to substitute for any other funds or projects not specified in this MOU. Nor shall the Funds be used for any expenses or activities above and beyond the approved Scope of Work (Attachment C) without an amendment to the MOU approved and signed by the MTA Chief Executive Officer or his designee 3.4 The Grantee must use the Funds in the most cost - effective manner. If Grantee intends to use a consultant or contractor to implement all or part of the Project, the MTA requires that such activities be procured in accordance with the Grantee's contracting procedures and consistent with State law The Grantee will also use the Funds in the most cost - effective manner when the Funds are used to pay "in- house" staff time. This effective use of funds provision will be verified by the MTA through on -going Project monitoring and through any interim audits and the MTA final audit. 3.5 If Grantee desires to use the Funds to purchase /lease equipment (i e, vehicles, computers, etc.) necessary to perform or provide the services disclosed in the Scope of Work, Grantee must obtain MTA's written consent prior to purchasing /leasing specific equipment. Equipment purchased /leased without such prior written consent shall be deemed an unallowable expenditure of the Funds. If a facility, equipment (such as computer hardware or software), vehicle or property, purchased or leased using the Funds, ceases to be used for the proper use as originally stated in the Scope of Work, or the Project is discontinued, any Funds expended for that purpose must be returned to the MTA as follows- the Grantee will be required to repay the Funds in proportion to the useful life remaining in accordance with the Guidelines and in an equal proportion of the grant to Grantee Funding Commitment ratio 4. DISBURSEMENT OF FUNDS: Disbursements shall be based on a reimbursement basis in accordance with the Quarterly Progress /Expenditure Report If the MTA makes disbursements by wire transfer at the written request of Grantee, a fee of twenty -five dollars per transfer will be deducted from each disbursement The Grantee must provide the appropriate supporting documentation with its Quarterly Progress /Expenditure Report Grantee Funding Commitment must be spent in the appropriate proportion to MTA Funds with each quarter's payment 5 REPORTING AND AUDIT REQUIREMENTS /PAYMENT ADJUSTMENTS• 5.1 Grantee shall submit the Quarterly Progress /Expenditure Report 60 days after the close of each quarter on the last day of the months November, February, May and August. Should Grantee fail to submit such reports within 10 days of the due date and /or submit incomplete reports, MTA will not reimburse Grantee until the completed required reports are received, reviewed, approved and reconciled to the Financial Plan The rev date 8 19 04 6 J C 1 Douglas Street Gap Closure - 116330 Memorandum of Understanding (MOU) MOU P0006330 Quarterly Progress /Expenditure Report shall include all appropriate documentation (such as contractor invoices, timesheets, receipts, etc) All supporting documents must include a clear justification and explanation of their relevance to the Project If no activity has occurred during a particular quarter, Grantee will still be required to submit the Quarterly Progress /Expenditure Report indicating no dollars were expended that quarter If a request for reimbursement exceeds $500,000 in a single month, then Grantee can submit such an invoice once per month with supporting documentation. 5.2 MTA, and /or its designee, shall have the right to conduct audits of the Project, as needed, such as financial and compliance audits, interim audits; pre -award audits and performance audits. MTA will commence a final audit within six months of formal notification by the Grantee of completion of the scope of work; provided, however, the Project must be ready for final audit (meaning all costs and charges have been paid by the Grantee and invoiced to the MTA, and such costs, charges and invoices are properly documented and summarized in the accounting records to enable an audit without further explanation or summarization) Grantee agrees to establish and maintain proper accounting procedures and cash management records and documents in accordance with Generally Accepted Accounting Principles (GAAP). Grantee shall reimburse the MTA for any expenditure not in compliance with the Scope of Work and /or not in compliance with other terms and conditions as defined by this MOU and the Guidelines. When applicable, MTA shall consider the Federal Acquisition Regulations (FAR) to determine whether costs incurred are allowable. The findings of the MTA audit are final. When MTA audit findings require Grantee to return monies to MTA, Grantee agrees to return the monies within thirty (30) days after the final audit is sent to the Grantee 53 Grantee's records shall include, without limitation, accounting records, written policies and procedures, contract files, original estimates, correspondence, change order files (including documentation covering negotiated settlements), invoices, and any other supporting evidence deemed necessary by the MTA to substantiate charges related to the Project (all collectively referred to as "records ") shall be open to inspection and subject to audit and reproduction by the MTA auditors or authorized representatives to the extent deemed necessary by the MTA to adequately permit evaluation of expended costs. Such records subject to audit shall also include, without limitation, those records deemed necessary by the MTA to evaluate and verify direct and indirect costs, (including overhead allocations) as they may apply to costs associated with the Project These records must be retained by Grantee for three years following final payment under this Agreement 54 Grantee shall cause all contractors to comply with the requirements of Part II, Section 5, paragraphs 5.2 and 5.3 above. Grantee shall cause all contractors to cooperate fully in furnishing or in making available to the MTA records which shall include, without limitation, accounting records, written policies and procedures, contract files, original estimates, correspondence, change order files (including documentation covering negotiated settlements), invoices, and any other supporting evidence deemed necessary by the MTA auditors or authorized representatives related to the Project rev date 8 19 04 7 Douglas Street Gap Closure - #6330 Memorandum of Understandmg (MOU) MOU P0006330 55 The MTA or any of its duly authorized representatives, upon reasonable written notice shall be afforded access to all of the records of the Grantee and its contractors related to the Project, and shall be allowed to interview any employee of Grantee and its contractors through final payment to the extent reasonably practicable. 56 The MTA or any of its duly authorized representatives, upon reasonable written notice, shall have access to the offices of the Grantee and its contractors, shall have access to all necessary records, including reproduction, and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the terms and conditions of this MOU 57 In addition to the MTA's other remedies as provided in this MOU, the MTA shall withhold the Funds and /or recommend not to award future Call for Projects grants to Grantee if the MTA audit has determined that Grantee failed to comply with the Scope of Work (such as misusing Funds or failure to return Funds owed to the MTA in accordance with the MTA audit findings) and /or is severely out of compliance with other terms and conditions as defined by this MOU and the Guidelines, including the access to records provisions of Part II, Section 5. 6 ONE TIME GRANT: This is a one time only grant subject to the terms and conditions agreed to herein and in the Guidelines This grant does not imply nor obligate any future funding commitment on the part of the MTA. 7. SOURCES AND DISPOSITION OF FUNDS: 71 The obligation for MTA to grant the Funds for the Project is subject to sufficient Funds being made available for the Project by the MTA Board. If such Funds are not made available for the Project, this MOU shall be void and have no further force and effect, and MTA shall have no obligation to provide the Funds for the Project, unless otherwise agreed to in writing by the MTA. 72 Grantee shall fully fund and contribute the Grantee Funding Commitment, as identified in the Program Budget (Attachment A), towards the cost of the Project If the Funds identified in Attachment A are insufficient to complete the Project, Grantee agrees to secure and provide such additional non -MTA programmed funds necessary to complete the Project. 7.3 Grantee shall be responsible for any and all cost overruns for the Project. 7.4 Grantee shall be eligible for the Funds up to the grant amount specified in Part I, Section 2 of this MOU subject to the terms and conditions contained herein and in the Guidelines Any Funds expended by Grantee prior to the execution rev date 8 19 04 8 58 Douglas Street Gap Closure - #6330 Memorandum of Understanding (MOU) MOU P0006330 of this MOU (prior to the MTA Chief Executive Officer's signature) shall not be reimbursed nor shall they be credited toward the Grantee Funding Commitment requirement, without the prior written consent of the MTA. Grantee Funding Commitment funds expended prior to the year the Funds are awarded shall be spent at Grantee's own risk. 75 If the Grantee receives outside funding for the Project in addition to the Funds identified in the Programmed Budget at the time this grant was awarded, this MOU shall be amended to reflect such additional funding If, at the time of final voucher, funding for the Project (including the Funds, the Grantee Funding Commitment, and any additional funding) exceeds the actual Project costs, then the cost savings shall be applied in the same proportion as the sources of funds from each parry to this MOU as specified in the Programmed Budget and both the Funds and the Grantee Funding Commitment required for the Project shall be reduced accordingly. 8. TIMELY USE OF FUNDS / REPROGRAMMING OF FUNDS: 81 Grantee must demonstrate timely use of the Funds by: (i) executing this MOU within ninety (90) days of receiving formal transmittal of the MOU from MTA, or by December 31 of the first Fiscal Year in which the Funds are programmed, whichever date is later; and (ii) meeting the Project milestones due dates as agreed upon by the MTA and Grantee in Attachment C (Scope of Work) of this MOU. Contracts for construction or capital purchase shall be executed within nine (9) months from the date of completion of design. Project design (preliminary engineering) must begin within six (6) months from the identified milestone start date Funds programmed by the MTA for Project development or right -of -way costs must be expended by the end of the second fiscal year following the year the Funds were first programmed, and (m) submitting the Quarterly Progress /Expenditure Report as described in Part II, Section 5 1 of this MOU, and bv) expending the Funds granted under this MOU for allowable costs within 36 months from July 1 of the Fiscal Year in which the Funds are programmed, unless otherwise stated in this MOU. All Funds programmed for 2005 -06 are subject to lapse by June 30,2008 If the Grantee fails to meet any of the above conditions, the Project shall be considered lapsed and will be submitted to the MTA Board for deobligation Expenses that are not invoiced within 60 days after the lapsing date are not eligible for reimbursement. rev date 8 19 04 9 5 � Douglas Street Gap Closure - #6330 Memorandum of Understanding (MOU) MOU P0006330 82 In the event that the timely use of the Funds is not demonstrated as described in Part il, Section 8.1 of this MOU, the Project will be reevaluated by the MTA as part of its annual Call for Projects Recertification /Deobligation process and the Funds may be deobligated and reprogrammed to another project by the MTA Board. If one year of Project funding is lapsed, subsequent year(s) funding will also be lapsed, effectively deobhgating the entire Project in the event that all the Funds are reprogrammed, this MOU shall automatically terminate. 9 DEFAULT: A Default under this MOU is defined as any one or more of the following- (i) Grantee fails to comply with the terms and conditions contained herein or in the Guidelines, or 00 Grantee fails to perform satisfactorily or makes a material change, as determined by the MTA at its sole discretion, to the Financial Plan, the Scope of Work, or the Programmed Budget without the MTA's prior written consent or approval as provided herein. 10 REMEDIES: 10.1 In the event of a Default by Grantee, the MTA shall provide written notice of such Default to Grantee with a 30 -day period to cure the Default. In the event Grantee fails to cure the Default, or commit to cure the Default and commence the same within such 30 -day period to the satisfaction of the MTA, the MTA shall have the following remedies. (i) MTA may terminate this MOU; (ii) the MTA may make no further disbursements of Funds to the Grantee; and /or (iii) the MTA may recover from Grantee any Funds disbursed to Grantee prior to and after the Default that are disallowed by the MTA audit. 10.2 Effective upon receipt of written notice of termination from the MTA, Grantee shall not undertake any new work or obligation with respect to this MOU unless so directed by the MTA in writing Any Funds expended after termination shall be the sole responsibility of the Grantee. 10.3 The remedies described herein are non - exclusive. The MTA shall have the right to enforce any and all rights and remedies herein or which may be now or hereafter available at law or in equity 11. MARKETING AND MEDIA: 11 1 The Grantee shall coordinate with the MTA regarding all Project- related publicity (such as literature, advertisements, brochures, video, radio and public service announcements, construction site signs, press releases, and all other materials related to the Project) proposed to be used by the Grantee for advertising or public relations purposes prior to publication The Grantee shall not allow MTA - related copy to be published in its advertisements and public relations programs without prior coordination with the MTA. rev date 8 19 04 10 6 0 Douglas Street Gap Closure - #6330 Memorandum of Understanding (MOU) MOU P0006330 11.2 Grantee shall notify MTA Media Relations of all press events related to the Project in such a manner that allows MTA to participate in such events, at MTA's sole discretion. 11.3 Grantee agrees that all literature, advertisements, brochures, video, radio, and public service announcements, press releases, construction site or permanent signs, any software developed with the Funds and all other materials relating to the Project and /or distributed to the public will contain recognition of the MTA's contribution as well as the approved METRO logo. If applicable, Grantee agrees to display the METRO logo on its buses, shuttle buses, vans, and taxis utilized for services provided under the Project The METRO logo is a trademark of the MTA that shall be reproduced and displayed in accordance with specific graphic guidelines available from the MTA Design Studio. Grantee agrees to follow directions of the MTA Design Studio to comply with this Section of the MOU 12 OTHER TERMS AND CONDITIONS: 121 This MOU, along with its Attachments and the Guidelines, constitutes the entire understanding between the parties, with respect to the subject matter herein. The MOU shall not be amended, nor any provisions or breach hereof waived, except in writing signed by the parties who agreed to the original MOU or the same level of authority. Adoption of revisions or supplements to the Guidelines shall cause such revisions or supplements to become incorporated automatically into this MOU as though fully set forth herein. 12.2 If applicable, Grantee is obligated, to continue using the Project dedicated to the public transportation purposes for which the Project was initially approved The Project right -of -way, the Project facilities constructed or reconstructed on the Project site, and /or Project property purchased excluding construction easements and excess property (whose proportionate proceeds shall be distributed in an equal proportion of the grant to Grantee Funding Commitment ratio) shall remain dedicated to public transportation use in the same proportion and scope and to the same extent as described in this MOU. Equipment acquired as part of the Project, including office equipment, transit vehicles, shall be dedicated to that use for their full economic life cycle, including any extensions of that life cycle achieved by reconstruction, rehabilitation, or enhancements 123 In the event that there is any legal court (e g., Superior Court of the State of California, County of Los Angeles, or the U S District Court for the Central District of California) proceeding between the parties to enforce or interpret this MOU, to protect or establish any rights or remedies hereunder, the prevailing party shall be entitled to its costs and expenses, including reasonable attorney's fees. 12.4 Neither the MTA nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason to anything done or committed to be done by Grantee under or in connection with any work performed by and or service provided by Grantee, its officers, agents employees and subcontractors under this MOU rev date 8 19 04 11 61 Douglas Street Gap Closure - #6330 Memorandum of Understanding (MOU) MOU P0006330 Grantee shall fully indemnify, defend and hold the MTA, and its officers, agents and employees harmless from and against any liability and expenses, including without limitation, defense costs, any costs or liability on account of bodily injury, death or personal injury of any person or for damage to or loss of risk of property, any environmental obligation, any legal fees and any claims for damages of any nature whatsoever arising out of the Project, including without limitation (0 misuse of the Funds by Grantee, or its officers, agents, employees or subcontractors, (u) breach of the Grantee's obligations under this MOU, or (iii) any act or omission of the Grantee, or its officers, agents, employees or subcontractors in the performance of the work or the provision of the services, in connection with the Project including, without limitation, the Scope of Work, described in this MOU 12.5 Neither party hereto shall be considered in default in the performance of its obligation hereunder to the extent that the performance of any such obligation is prevented or delayed by unforeseen causes including acts of God, acts of a public enemy, and government acts beyond the control and without fault or negligence of the affected party Each party hereto shall give notice promptly to the other of the nature and extent of any such circumstances claimed to delay, hinder, or prevent performance of any obligations under this MOU 12.6 Grantee shall comply with and insure that work performed under this MOU is done in compliance with Generally Accepted Accounting Principles (GAAP), all applicable provisions of federal, state, and local laws, statutes, ordinances, rules, regulations, and procedural requirements including Federal Acquisition Regulations (FAR), and the applicable requirements and regulations of the MTA Grantee acknowledges responsibility for obtaining copies of and complying with the terms of the most recent federal, state, or local laws and regulations and MTA requirements including any amendments thereto 12.7 Grantee agrees that the applicable requirements of this MOU and the Guidelines shall be included in every contract entered into by Grantee or its contractors relating to work performed under this MOU and the MTA shall have the right to review and audit such contracts. 12.8 Grantee shall not assign this MOU, or any part thereof, without prior approval of the MTA Chief Executive Officer or his designee, and any assignment without said consent shall be void and unenforceable. 12.9 This MOU shall be governed by California law. If any provision of this MOU is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in anyway. 12 10 The covenants and agreements of this MOU shall inure to the benefit of, and shall be binding upon, each of the parties and their respective successors and assigns 1211 If any software /Intelligent Transportation Systems ( "ITS'D is developed with the Funds and if Grantee ceases to use the software /ITS for public purposes or Grantee rev date 8 19 04 12 b 4 Douglas Street Gap Closure - #6330 Memorandum of Understanding (MOU) MOU P0006330 sells, conveys, licenses or otherwise transfers the software /ITS, MTA shall be entitled to a refund or credit, at MTA's sole option, equivalent to the amount of the Funds spent developing the software /ITS Such refund or credit shall not be required, subject to MTA approval of the intended use, if Grantee reinvests the proceeds of such sale, conveyance, license or transfer into the Project to offset operating or systems management costs 1212 Grantee will advise the MTA prior to any key Project staffing changes 12.13 Notice will be given to the parties at the address specified in Part I, unless otherwise notified in writing of change of address 12.14 Grantee in the performance of the work described in this MOU is not a contractor nor an agent or employee of the MTA. Grantee attests to no organizational or personal conflicts of interest and agrees to notify the MTA immediately in the event that a conflict, or the appearance thereof, arises. Grantee shall not represent itself as an agent or employee of the MTA and shall have no powers to bind the MTA in contract or otherwise. rev date 8 19 04 13 b J r, F- Z W Q H A Td1 rMi Z T Fa- d� °W a � 7 Z O U 0 a (a a�i = � Q N N Z 4 A 00 G V! 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O C d a m m a b Attachment C — Scope of Work Project Title: Douglas Street Gap Closure and Inter -modal Transit Center Project Limits In the City of El Segundo on Douglas Street, extending approximately 1,000 feet north from the cul -de -sac south of the Metro Green Line Douglas Street Station Project Description: Project will join two disconnected segments of Douglas Street through the construction of grade separation beneath the aerial Metro Green Line Douglas Street station and the at -grade Burlington Northern/Santa Fe railroad tracks The project will also involve the construction of a multi -modal transit facility providing approximately 35 parking spaces, 4 bus bays and other transit user amenities Project Funding: MTA - $500,000 in Proposition C 25% funds awarded by the MTA Board at its March 24, 2005 meeting The Proposition C 25% funds have no local match requirement The City is anticipating additional funds consisting of a $4,000,000 federal earmark, approximately $500,000 in current unobligated and future appropriations of Surface Transportation Program — Local (STP -L) funds, and up to $3,000,000 through a line of credit utilizing the City's future allocations of Propositions A and C Local Return funds as collateral (Note $9,233,000 in Regional Improvement Program (RIP) funds were previously programmed through the 1999 Call for Projects for the project and are being administered under Letter of Agreement LOA P0006330 The RIP funds have a match requirement of $5,477,000 in various local transit funds and state and federal funding grants See Attachment A, LOA P0006330) Funds may be used for construction activities including construction of a pedestrian bridge linking the east and west halves (at grade) of the station, seismic retrofitting of the station and construction of the inter -modal transit facility Project Components: (Includes work completed or to be completed under LOA P0006330 and MOU P0006330) • Professional design and construction support services • Environmental certification • Right -of -way engineering and acquisition • Underpass grade separation structure for the railroad tracks, including a shoofly construction for detour track • Four (4) lane, 1,000 foot highway extension • Storm water disposal facilities including a pump station • Access to Metro Green Line station from new roadway • Pedestrian bridge • Utility relocations 45" County waterline, 27" City waterline, telephone and electrical lines, power poles, and oil and gas lines 66 New traffic signal at the Douglas Street entrance to the Inter -modal Transit Facility Construction of an inter -modal transit facility to include parking to accommodate approximately 35 vehicles, 4 bus bays, information kiosks, and lighting and landscaping Project Component Costs 1. Design Engineering (PS & E) $1,845,000 2. Right -of -way $2,063,530 3. Construction Roadway/Drainage Improvements $6,725,000 Utility Relocation $3,771,381 Access to MGL Station/pedestrian bridge $1,500,000 Railroad shoo -fly $1,652,720 Station seismic retrofit $ 250,000 Traffic signal for mtermodal facility $ 125,000(0 Inter -modal facility $500,000 Construction Sub -total $14,524,101 Construction Contingencies $1,500,000 Total Construction $16,024,101 4. Grant Administration Cost $153,983 5. Construction Engineering $1,800,000 Project Total $21,886,614 © = Proposition C eligible construction items total= $ 2,375,000 6,7 MOU ATTACHMENT D REPORTING & EXPENDITURE GUIDELINES REPORTING PROCEDURES Quarterly Progress /Expenditure Report (Attachment D1) is required for all projects The Grantee shall be subject to and comply with all applicable requirements of the funding agency regarding project- reporting requirements. In addition, Grantee will submit a quarterly report to the MTA at P.O. Box 512296, Los Angeles, CA 90051-0296 Please note that letters or other forms of documentation may not be substituted for this form. • The Quarterly Progress /Expenditure Report covers all activities related to the project and lists all costs incurred. It is essential that Grantee provide complete and adequate response to all the questions The expenses listed must be supported by appropriate documentation with a clear explanation of the purpose and relevance of each expense to the project. Expenses must reflect the proportionate share of local match, including in -kind, charged to the grant. In cases where there are no activities to report, or problems causing delays, clear explanation, including actions to remedy the situation, must be provided. Grantees are required to track and report on the project schedule. MTA will monitor the timely use of funds and delivery of projects. Project delay, if any, must be reported each quarter. Projects not delivered in a timely manner will be reevaluated by MTA as part of the annual Call for Projects Recertification process and the Funds may be deobligated and reprogrammed by the MTA Board • The Quarterly Progress /Expenditure Report is due to the MTA as soon as possible after the close of each quarter, but no later than the following dates for each fiscal year Quarter Report Due Date July- September November 30 October- December February 28 January - March May 31 April -June August 31 Upon completion of the Project a final report that includes project's final evaluation must be submitted. 68 EXPENDITURE GUIDELINES • Any activity or expense charged above and beyond the approved Scope -of- Work (LOA Attachment C), is considered ineligible and will not be reimbursed by the MTA unless prior written authorization has been granted by the MTA Chief Executive Officer or his designee. • Any expense charged to the grant or local match, including in -kind, must be clearly and directly related to the project • Any activity or expense charged as local match cannot be applied to any other MTA- funded or non -MTA- funded projects; activities or expenses related to a previously funded project cannot be used as local match for the current project. • Administrative cost is the ongoing expense incurred by the Grantee for the duration of the project and for the direct benefit of the project as specified in the Scope -of -Work (Attachment Q. Examples of administrative costs are personnel, office supplies, and equipment As a condition for eligibility, all costs must be necessary for maintaining, monitoring, coordinating, reporting and budgeting of the project. Additionally, expenses must be reasonable and appropriate to the activities related to the project • MTA is not responsible for, and will not reimburse any costs incurred by the Grantee prior to the execution of the LOA, unless written authorization has been granted by the MTA Chief Executive Officer or her designee. • The LOA is considered executed when the MTA Chief Executive Officer or her designee signs the document DEFINITIONS • Local Participation: Where local participation consists of "in- kind" contributions rather than funds, the following contributions may be included• • Costs incurred by a local jurisdiction to successfully complete the project Examples include engineering, design, rights -of -way purchase, and construction management costs • Donations of land, building space, supplies, equipment, loaned equipment, or loaned building space dedicated to the project • Donations of volunteer services dedicated to the project. • A third -party contribution of services, land, building space, supplies or equipment dedicated to the project 69 • Allowable Cost. To be allowable, costs must be reasonable, recognized as ordinary and necessary, consistent with established practices of the organization, and consistent with industry standard of pay for work classification • Excessive Cost- Any expense deemed "excessive" by MTA staff would be adjusted to reflect a "reasonable and customary" level. For detail definition of "reasonable cost', please refer to the Federal Register OMB Circulars A -87 Cost Principals for State and Local Governments, and A -122 Cost Principals for Nonprofit Organizations • In- eligible Expenditures. Any activity or expense charged above and beyond the approved Scope -of -Work is considered in eligible. 70 FOF MTA MOU ATTACHMENT D1 Invoice# QUARTERLY PROGRESS / EXPENSE REPORT (Invoice Date MOU# GRANTEES ARE REQUESTED TO MAIL THIS REPORT TO Quarterly Report # P O Box #512296, Los Angeles, CA 90051 -0296 after the close of each quarter, but no later than November 30, February 28, May 31 and August 31 Please note that letters or other forms of documentation may not be substituted for this form Refer to the Reporting and Expenditure Guidelines (Attachment D) for further information Please itemize grant- related charges for this Quarter on Page 5 of this report and include totals in this Seen Revised4 /8/04 1 71 MTA Grant Local Match (Ind In- Local Match t*1 This Quarter Expenditure Retention Amount Net Invoice Amount (Less Retention) Funds Expended to Date (Include this Quarter) Total Project Budget % of Project Budget Expended to Date Balance Remaining Revised4 /8/04 1 71 PROJECT TITLE: MOU #• QUARTERLY REPORT SUBMITTED FOR: Fiscal Year: 2003 -2004 ❑ 2004 -2005 2005 -2006 2006 -2007 ❑ 2007 -2008 2008 -2009 Quarter • 7Q1 Jul -Sep ❑ Q2 Oct -Dec F�Q3 Jan - Mar ❑ Q4 Apr - Jun DATE SUBMITTED: MTA MODAL CATEGORY: Freeway ❑ RSTI ElStgnal Synchromzatioi 7TDM ❑ Bikeway F]Pedestnan ElTranstt ❑ TEA Name Area Team MTA Area Team Representative / Project Mgr. Phone Number tact Name Title Project Sponsor Contact / Project Manager g Address Number Revised4 /8/04 2 �/y List all deliverables and milestones as stated in the MOU, with start and end data Calculate the total project duration MILESTONE START AND END DATES SHOWN IN THE 2 " AND 3 "o COLUMNS BELOW Grantees must make every effort to accurately portray milestone dates in the original MOU Scope of Work since this will provia milestone start and/or end dates change from those stated in the Original MOU Scope of Work indicate the new dates under Act, duration However this does not change the original milestones in your MOU PER YOUR MOU AGREEMENT, ANY MUST BE FORMALLY SUBMITTED UNDER SEPARATE COVER TO THE MTA FOR WRITTEN CONCURRENCE Original MOU Schedule to Scope of Work ' Actual 4 MOU Milestones Start Date I End Date I Start Date Total Project Duration (Months) 12. PC11L3'i N` Aw of Project Completed to Date A Based on the comparison of the original and actual project milestone schedules above, project is (select only one) []On schedule per original MOU schedule Between 12 -24 months behind original schedule B Was the project design started within 6 months of the date originally stated in the MOU? El Yes El No El Not Applicable Less than 12 months behmt More than 24 months behm C Was a construction contract or capital purchase executed within 9 months after completion of design / specificano El Yes 0 No El Not Applicable Rm=d4 /8/04 3 7 3 3. TASKS / NIILESTONES ACCOMPLISHED List tasks or milestones accomplished and progress made this quarter. If project is delayed, describe reasons for delay (this quarter). Pay particular attention to schedule delays If, mentioned in previous quarters, please indicate by writing "Same as Previous Quarter" 15. ACTIOMWIMMS If the project is delayed (as described in #4), include action items that have been, or will be, undertaken to resi Revised4 /8/04 4 '7 , All expenses and charges, including grant and local match, must be itemized and listed below Each item listed must be venfiabb documentation The total amounts shown here must be equal to this quarter's expenditures listed on page I of this report All ex approved budget and rates as shown to the MOU Attachment C, Scope of Work Use additional pages if needed IirGM aiP4;e�ICE# ? 9E]fPENSFSi S CHARGED TO MI'AGRa1NT 2 3 4 5 6 7 8 9 10 1 12 13 14 i Notes I Local match spent in each quarter, must be in the appropriate proportion to MTA grant 2 All receipts, invoices, and time sheets, attached and included with this Expense Report must be listed and shown under the Inv, (above) I certify that I am the responsible Project Manager or fiscal officer and representative of and that to the best of my knowledge and belief the mforma stated in this report is true and correct Signature Date Name Title Re,sed4 18/04 6 7 EL SEGUNDO CITY COUNCIL MEETING DATE May 3, 2005 AGENDA ITEM STATEMENT AGENDA HEADING Reports — Council Member Jim Boulgandes Jrl Consideration and possible action regarding a presentation by Andy Dellenbach, Chair, Surfrider Foundation — South Bay Chapter, regarding the South Bay Smoke -Free Beaches campaign RECOMMENDED COUNCIL ACTION 1) Receive and file report, 2) Discuss and take action related to this request BACKGROUND & DISCUSSION An Oral presentation by the Chair of the Surfrider Foundation —South Bay Chapter regarding its campaign for South Bay Smoke -Free Beaches ATTACHED SUPPORTING DOCUMENTS South Bay Smoke -Free Beaches Fact Sheet and Survey Report FISCAL IMPACT Operating Budget. N/A Amount Requested Account Number: Project Phase Appropriation Required _Yes _ No ORIGINATED BY DATE April 27, 2005 Council Member t ulgandes REVIEWED BY // DATE. April 27, 2005 �1_11 C '7 F 13 IN! 111111 =SOUIIIIIII 111 111 1 FACT: Many popular outdoor areas are smoke -free! • Manhattan Beach, San Clemente Laguna Beach, Newport Beach, Huntington Beach, Marina Del Rey, Santa Monica, Topanga and Malibu are smoke -free • The Santa Monica Pier, the Santa Barbara Pier, Dodger Stadium, the LA Zoo, Disneyland, the Northridge Fashion Center, Duke's Malibu have smoke - free outdoor areas FACT: 62% of Los Angeles County's 77 -mile coastline is smoke -free! FACT: South Bay residents support smoke -free beaches! • Of the 2,500 plus South Bay residents surveyed, over 92% support smoking restrictions at the beach, including 82% of smokers FACT: Cigarette litter is toxic to our environment! Discarded cigarette butts can take 15 years to disintegrate and are the #1 source of trash on beaches Cigarette butts are often mistaken for food by marine mammals and birds and can lead to choking, blocked passages and death Tobacco smoke and trash are inconsistent with the clean air and natural beauty of the beach FACT: Cigarette litter can injure beach visitors! • Children can swallow or choke on cigarette butts discarded in the sand Poison control centers see an average of 8,000 children a year poisoned who have ingested Cigarette butts • Smoldering cigarette butts create burn danger at beaches where people walk barefoot FACT: Secondhand smoke is dangerous! • Secondhand smoke causes cancer and is especially hazardous to children and people with asthma and other respiratory problems According to the U S. Environmental Protection Agency, any level of exposure to secondhand smoke is harmful • Smoking in a family friendly environment like the beach sends the wrong message to our kids' The South Bay Smoke -Free Beaches Coalition is dedicated to promoting and advocating for smoke -free beaches, parks, and piers in South Bay communities Coalition members include The Surfrider Foundation - South Bay Chapter, The South Bay Coalition, The American Cancer Society; The American Lung Association, The American Heart Association; Redondo Beach Councilmember Kurt Schmalz, Vanessa Poster, The Girls Club of Los Angeles and The LA County Department of Health Services Tobacco Control 8 Prevention Program Contact us at smokefreesouthbavbeachesCdvahoo com This rb tenal was made possible by funds though Proposition 99 from the Los Angeles County Departrnent of Health Senncee 77 1 „l :14” {':a1,11�b1i111 Iii=! Ililllll';;' llliilillliili 'i��liilliillllliiiiiliil8iiii 1111/ lilhlililllllllililllll! I! IIIIIIIIIIIII8111111111Iiilil! iilllllia !,I;Gi18111;;�1i 1101,,.4 !; svuotze -Free geackes sLcrve� Report: south gad COVL_VV LCv' tl,es 1,368 individuals were surveyed in Hermosa Beach, Manhattan Beach, and Redondo Beach between August 16, 2003, and April 24, 2004 The survey results are described below' 1 Cigarette butts on the beach are A litter problem 795% Harmful to the environment 683% A tax -payer burden for clean -up 584% An eyesore 485% • choking hazard for small children 319% • fire hazard 135% • burn risk 93% 2 Have you been exposed to secondhand smoke at the beach? Total Current tobacco users Non - tobacco users Yes 837% 722% 851% No 159% 3 Do you think secondhand smoke is harmful to your health? Total Current tobacco users Non - tobacco users Yes 963% 81 1% 976% No 17% 4 On a visit to the beach, have you ever had to do any of the following because someone was smoking? Move to another location 686% Ask someone who was smoking to stop or to move away 106% Leave the beach earlier than planned 89% 5 Would you support a total ban of smoking at beaches? Total Current tobacco users Non - tobacco users Yes 792% 51 1% 832% No 205% 6 If no, would you support a policy that allows smoking only in certain areas at the beach? Yes 643% No 332% 'Percentages may not sum to 100 0 due to missing data Tobacco Control and Prevention Program Los Angeles County Department of Health Services 1 6/18/2004 1/ 8 svu.o�ze -Free genckes skrve� Report: south gad Gowt,vv ko hies 7 What would help to maintain smoke -free beaches? Signs 825% Media 565% Education 558% Fines 345% Complaint box/toll -free complaint hotline 11 5% Beach patrol 104% Tobacco Use Status Current tobacco user 66% Former tobacco user 142% Non - tobacco user 757% Aoe GrouD (in vears 18 -24 104% 25 -29 143% 30 -39 259% 40 -49 153% 50 -59 114% 60 and over 210% Gender Female 602% Male 372% Race /Ethnicit African American 61% Asian /Pacific Islander 105% Hispanic 74% White 722% Citv of Residence Hermosa Beach 149% Manhattan Beach 183% Redondo Beach 46.4% Other cities 53.0% Tobacco Control and Prevention Program Los Angeles County Department of Health Services 2 an ai2oo4 79 � v s o V a w� U MMW m wW m W � i LU. E o V/ .3 w� W O U L � C U ` t t f wL F W ..TAA v/ LL U t4 C W T U O a u r U -Q t6 N � U m N W U O Cl. N z n O U` N En C J C O V a� ST C R Q N N O W L m d m O 'a s � C N O It ii IL fU U � c d A d R Vy d m N m m y m 'O p 1' =m d a m C A 0 0 O N 16 'y w fti � d N o fY C Y C j c 0 N N O W L m d m O 'a s � C N O It ii IL H d t d � m j(ni L I ilk i E k 44,1994 U {�jI' 1 p'.II.'pii ,uj "' 4�IjIg Nlita a 11 I'� a' „�yq'Iili'' tea 80 U O CV N N m N N o j L� y a+ c = � E 'I O NaC t U o m ° CL m O to m m °o£ Y w r zN N W m lC O Zy 0 fY Q m U J O C N EL s O O z o E O m = m 1 c m O J � a v w = U o U to ¢ y tb E � y •� � d t0 m E U L , L f H d t d � m j(ni L I ilk i E k 44,1994 U {�jI' 1 p'.II.'pii ,uj "' 4�IjIg Nlita a 11 I'� a' „�yq'Iili'' tea 80 U EL SEGUNDO CITY COUNCIL AGENDA ITEM STATEMENT r_TH X21 57-11 MEETING DATE: May 3, 2005 AGENDA HEADING- Mayor Kelly McDowell Consideration and possible action regarding revising the Planning and Building Safety Department's fee structure for discretionary planning applications processed by the City to include a direct cost recovery system for the reimbursement of staff's and City Attorney's time. RECOMMENDED COUNCIL ACTION 1) Direct staff to develop recommendations on a direct cost recovery system for discretionary planning applications processed by the City and return to City Council with recommendations, 2) Alternatively, discuss and take other action related to this Item BACKGROUND & DISCUSSION: Discretionary planning applications, such as, but not limited to, general plan amendments, zone text amendments, conditional use permits, and variances, are charged a flat fee for processing Once an application is submitted it is reviewed by staff for compliance with local and state codes In some cases an in depth environmental review is done for compliance with the California Environmental Quality Act and significant time is spent preparing the various land use documents and reports that are provided to the Planning Commission and City Council. The review process may take several months or longer and in many cases involves significant staff and attorney time The initial /flat fee that is grossly inadequate to cover the costs attributable to the amount of time staff and legal counsel spend on processing the applications (Continued on next page. ) ATTACHED SUPPORTING DOCUMENTS None FISCAL IMPACT Capital Improvement: N/A Amount Requested. N/A Account Number- N/A Project Phase: N/A Appropriation Required- —Yes X No BACKGROUND & DISCUSSION (cont). I am seeking Council consensus to direct staff to return to City Council with recommendations on creating a cost recovery system that will allow the City to recuperate all costs and expenses related to discretionary planning applications The system should cover the time each City department spends on an application P \Planning 6 Building Safety \Slurlis \Staff Reports Part 2 \Planning Fees \Revision to ordinance staff rpt 5 -03 -2005 Final doc 841--