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2005 MAY 17 CC PACKETAGENDA EL SEGUNDO CITY COUNCIL COUNCIL CHAMBERS - 350 Main Street The City Council, with certain statutory exceptions, can only take action upon properly posted and listed agenda items Unless otherwise noted in the Agenda, the Public can only comment on City- related business that is within the jurisdiction of the City Council and /or items listed on the Agenda during the Public Communications portion of the Meeting During the first Public Communications portion of the Agenda, comments are limited to those items appearing on the Agenda During the second Public Communications portion of the Agenda, comments may be made regarding any matter within the jurisdiction of the City Council Additionally, the Public can comment on any Public Hearing item on the Agenda during the Public Hearing portion of such item The time limit for comments is five (5) minutes per person Before speaking to the City Council, please come to the podium and state Your name and residence and the organization you represent, if desired Please respect the time limits Members of the Public may place items on the second Public Communications portion of the Agenda by submitting a Written Request to the City Clerk or City Manager's Office at least six days prior to the City Council Meeting (by 2 00 p m the prior Tuesday) Other members of the public may comment on these items only during this second Public Communications portion of the Agenda The request must include a brief general description of the business to be transacted or discussed at the meeting Playing of video tapes or use of visual aids may be permitted during meetings if they are submitted to the City Clerk two (2) working days prior to the meeting and they do not exceed five (5) minutes in 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 17, 2005 — 5:00 P.M. Next Resolution # 4423 Next Ordinance # 1385 5:00 P.M. SESSION CALL TO ORDER ROLL CALL SPECIAL ORDERS OF BUSINESS: Consideration and possible action regarding appointment of City Manager, Mary Strenn and Assistant City Manager, Jeff Stewart as Labor Negotiators with respect to Police Chief Jack Wayt U CLOSED SESSION: The City Council may move into a closed session pursuant to applicable law, including the Brown Act (Government Code Section §54960, et se q) for the purposes of conferring with the City's Real Property Negotiator, and /or conferring with the City Attorney on potential and/or existing litigation, and/or discussing matters covered under Government Code Section §54957 (Personnel), and /or conferring with the City's Labor Negotiators, as follows CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Gov't Code §54956 9(a)) — 4 matters 1 City of El Segundo v City of Los Angeles, et al , LASC No BS094279 2 Re Variance Application of City of Los Angeles, Department of Airports for Los Angeles International Airports, Department of Transportation, State of California, Case No 2009060244 3 City of El Segundo v 2221 Park Place, LASC Case No BC319034 4 City of El Segundo v CTF2 Alaska, LASC Case No BC319033 CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code §549569(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) -2- matters 1 Labor Negotiator Jeff Stewart Unrepresented Employees All Unrepresented City Employees (All City Employees that are not members of collective bargaining units) 2 Labor Negotiators Mary Strenn and Jeff Stewart Unrepresented Employee Police Chief Jack Wayt CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956 8) -0- matter SPECIAL MATTERS — None U� 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 17, 2005 - 7:00 P.M. 7:00 P.M. SESSION CALL TO ORDER INVOCATION— Pastor Jon Feldschau of El Segundo Foursquare Church PLEDGE OF ALLEGIANCE — Mayor Pro Tern John Gaines Next Resolution # 4423 Next Ordinance # 1385 6 :; PRESENTATIONS — Proclamation to commemorate the 10th anniversary of the West Basin Water Recycling Facility on Friday, June 3, 2005 Certificate of Commendation to the El Segundo Rotary Club for their $5,000 donation to the City of El Segundo for sponsorship of the 2005 Annual Concerts in the Park series 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 after Public Communications is closed A. PROCEDURAL MOTIONS Consideration of a motion to read all ordinances and resolutions on the Agenda by title Recommendation — Approval B. SPECIAL ORDERS OF BUSINESS C. UNFINISHED BUSINESS Consideration and possible action regarding the presentation of Fiscal Year 2004- 2005 Midyear Financial Budget Review and approval of Fiscal Year 2005 -2006 Budget Preparation Calendar. Recommendation — (1) Receive and file Fiscal Year 2004 -2005 Midyear Financial presentation, (2) Direct staff to proceed with Fiscal Year 2005 -2006 Budget Calendar, (3) Alternatively, discuss and take other action related to this item 0 D. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS 2. Consideration and possible action regarding the setting of a date and time for interviewing candidates to the following Committees, Commissions and Boards ( "CCBs "): Recreation and Parks Commission; Library Board of Trustees; Planning Commission; Senior Citizen Housing Corporation Board; Investment Advisory Committee, and the Los Angeles International Airport Area Advisory Committee. Recommendation — (1) Set date for interviews of candidates to the above listed CCBs, from 6-00 p m to 7 00 p m Tuesday, June 7, 2005 and continue to 6 00 p m , Tuesday, June 21, 2005, if necessary, (2) Extend expired terms of office until positions are filled, (3) Continue recruitment of candidates to the El Segundo Community Cable Advisory Committee and Capital Improvement Program Advisory Committee, for positions which terms expires in October and November, 2005, (4) Alternatively, discuss and take other action related to this item E. CONSENT AGENDA All items listed are to be adopted by one motion without discussion and passed Unanimously If a call for discussion of an item is made, the item(s) will be considered individually under the next heading of business 3. Warrant Numbers 2547129 to 2547360 on Register No. 15 in the total amount of $561,424.21 and Wire Transfers from 4/2212005 through 5/5/2005 in the total amount of $492,330.84. Recommendation — Approve Warrant Demand Register and authorize staff to release Ratify Payroll and Employee Benefit checks, checks released early due to contracts or agreement, emergency disbursements and /or adjustments, and wire transfers 4. City Council Meeting Minutes of May 3, 2005. Recommendation — Approval 5. Consideration and possible action to approve an Amendment to the Settlement Agreement between City of El Segundo and Metalore, Inc. regarding the temporary relocation of business operations during the Douglas Street Gap Closure Project No. PW 05 -06. (Fiscal Impact: None). Recommendation — (1) Approve Amendment, (2) Authorize the City Manager to execute the amendment on behalf of the City, (3) Alternatively, discuss and take other action related to this item 5 U� 6. Consideration and possible action regarding a request by West Basin Municipal Water District for permission to install 34 inch by 60 inch banners on street light poles on Hughes Way, east of Sepulveda Boulevard, to celebrate the 10th anniversary of the West Basin Water Recycling Plant. (Fiscal Impact: None) Recommendation — (1) Approve request by West Basin Municipal Water District to install banners on street light poles contingent on approval by Southern California Edison Company (SCE) for use of the street light poles, (2) Alternatively, discuss and take other action related to this item 10. Consideration and possible action regarding the agreement for the Municipal Area Express (MAX) commuter bus service. (Fiscal Impact: $31,854 — yearly; and $95,562 — over three years). Recommendation — (1) Approve the agreement and authorize the City Manager to execute the Agreement on behalf of the City, (2) Alternatively, discuss and take other action related to this item 11. Consideration and possible action requesting Council approval to hold the annual Volunteer Recognition at The Lakes of El Segundo on Friday, July 29, 2005 and provide a free scramble golf tournament for volunteers. (Fiscal Impact: $650). Recommendation — (1) Direct staff to organize a free golf tournament for volunteers on Friday, July 29, 2005 from 8 30 A M to 12 30 P M , (2) Direct staff to proceed with the necessary planning of the annual Volunteer Recognition at The Lakes of El Segundo, (3) Alternatively, discuss and take other action related to this item CALL ITEMS FROM CONSENT AGENDA F. NEW BUSINESS 12. Consideration and possible action regarding joining the California Municipal Finance Authority ( "CMFA "), a joint powers authority, for the purpose of enabling CMFA to refinance Chevron pollution control bonds; and setting a public hearing in connection therewith. (Fiscal Impact: None) Recommendation — (1) Adopt a Resolution approving, authorizing and directing execution of a joint powers agreement relating to CMFA, (2) Set a public hearing for the City Council meeting of June, 7, 2005, on the issuance of bonds by CMFA for the purpose of loaning the proceeds to Chevron to refinance pollution control facilities, (3) Alternatively, discuss and take other action related to this item 13. Consideration and possible action to send a letter supporting passage of AB 1576 (Nunez) seeking to eliminate impediments to the abilities of investor -owned utilities to enter into direct power purchasing contracts with specified independent power producers. (Fiscal Impact: None) Recommendation — (1) Authorize the Mayor to send the attached correspondence stating the City's support of AB 1576, (2) Alternatively, discuss and take other action related to this item 07 EL SEGUNDO CITY COUNCIL MEETING DATE: May 17, 2005 AGENDA ITEM STATEMENT AGENDA HEADING Unfinished Business AGENDA DESCRIPTION Consideration and possible action regarding the presentation of fiscal year 2004 -2005 Midyear Financial Budget Review and approval of Fiscal year 2005 -2006 Budget Preparation Calendar RECOMMENDED COUNCIL ACTION, (1) Receive and file Fiscal Year 2004 -2005 Midyear Financial presentation, (2) Direct Staff to proceed with Fiscal Year 2005 -2006 Budget Calendar, (3) Alternatively discuss and take other action related to this Item BACKGROUND & DISCUSSION. The focus of the FY 2004 -2005 midyear financial review is to review revenues and expenditures in all funds for the period of October 1, 2004 through March 31, 2005 This report analyzes the estimated totals for revenues, operational and capital expenditures in all funds for the period of October 1, 2004 through September 30, 2005 ATTACHED SUPPORTING DOCUMENTS 1 Summary of Estimated Revenues — All Funds 2 Summary of Estimated Expenditures —All Funds 3 Proposed 2005 -2006 Budget Calendar FISCAL IMPACT- Operating Budget Amount Requested Account Number Project Phase Appropriation Required. _ Yes X No ORIGINATED BY. DATE• A- 5, /� / ", ^ �U S � Bret M Plumlee, Director Administrative Services REVIEWED BY DATE Mary S enn, City Manager 1 0 1 BACKGROUND & DISCUSSION (CONTINUED) REVENUES The following is an analysis of General Fund revenues by the ten mayor categories a. Property Taxes The overall assessed valuation is estimated to increase only 6% This is attributable to a combined increase in Secured property tax assessed valuation offset by significant decreases in Unsecured property tax assessed valuation for two major taxpayers Overall, the property tax revenue estimates are on target for fiscal year 2004 -2005 b. Other Taxes (Includes Sales, Utility User's, Transient Occupancy and Other Taxes This category is currently significantly above target with budget, mainly attributable to increases in Sales Tax, Transient Occupancy Tax, Gas Utility User's Taxes, and Cc Generated Utility User's Taxes offset by a decrease in Franchise Fees Sales tax has continued to grow, and the City has experienced 3 out of the past 4 quarters of increases over the same periods the year before Most of the increase has been attributable to the top 10 sales tax producers Transient Occupancy taxes received for the first five months of FY 2004 -2005 compared to the same period in FY 2003 -2004 are up $179,650 or 14 7% Staff has spoken to several of the hotels, and the increased revenue is attributable to both increased occupancy and increased rates One hotel stated the reason for the increase was there have been less long -term occupants and therefore fewer exemptions from the tax for stays over 30 days Due to the uncertainty of the operational status of the local power plant, the FY 2004 -2005 Gas Utility User's tax budget was significantly reduced As reported during the FY 2004 -2005 First Quarter Review, in December 2004, the local power plant was awarded Reliable Must Run (RMR) status by the California Independent System Operator (Cal -ISO) This means that the plant can be dispatched for Cal -ISO grid reliability needs and stands a chance to operate more often than it has been over the past year, which will enable the City to forecast the plant to be operational 7 to 10% of the year As a result of the long -term contract, the plant has been operational more often and this revenue source continues to be well ahead of target Franchise fees are anticipated to come in significantly lower than budget mainly attributable to a significant reduction in gas gross receipts from lower usage at the local power plant Cogenerated Electric Utility User's taxes are estimated to come in significantly higher than budget attributable to a rise in the Short Run Avoided cost (SRAC), which is the cost that the local refinery pays SCE for electricity purchased and used to value the Cogenerated production for the tax payment This SRAC formula is tied to changes in natural gas prices, which have gone up significantly the past year i� BACKGROUND & DISCUSSION (CONTINUED) Electric Utility User's taxes are also estimated to come in significantly higher than budget Also included in this category are all other utility user's taxes combined, which are on target with budget c. Business License Taxes The City has received $8 6 million or 95 2% of the budget through March 31, 2005 Based on historical receipts for the second half of the fiscal year, staff anticipates this revenue source will come in on target with budget Businesses receive a 50% rebate on their business license based on Sales Tax the City receives during the prior period of July to June Since Sales taxis estimated to be significantly higher than budget for this time period, the Business License tax will be negatively impacted in FY 2005 -2006 d. Other License and Permits This category is currently on target with budget The City has $328,050 or 52 1 % of budget through March 31, 2005 The most significant part of this category is building permits, and the City has received 51 2% of the budget with 50 0% of the fiscal year complete Residential and interior commercial building improvements continue to remain strong in Southern California and in the South Bay in particular The development outlook for 2005 continues to look positive with several projects in the planning and design phase e. Fines and Forfeitures This category is currently well ahead of target with budget The City has received $222,550 or 70 8% of budget through March 31, 2005 This is mainly attributable to a significant increase in Parking Fines This revenue source is up $60,700 or 50 4% compared to the same time period in FY 2003 -2004 f. Interest and Rentals This category is currently below target with budget Interest rates continue to remain low, however the Federal Reserve has begun a series of federal fund rate increases and anticipates several more rate increases in 2005 to keep inflation in check This will have a positive impact on interest income Staff anticipates a slight increase in interest rates the second half of this fiscal year, and this may enable the revenues to come in on target with budget Total Revenues in this category are only 38 5% with 50 0% of the fiscal year complete BACKGROUND & DISCUSSION (CONTINUED) g. Intergovernmental Revenues Revenues in this category are estimated to come in on target with budget As part of the 2004 State Budget Act, the rates charged to motor vehicle owners and the corresponding revenue to local agencies was permanently reduced from 2% to 67% This reduction is to be replaced by an increase in property taxes, which will be deposited at the end of January and May each year h. Charges for Services This category is estimated to come in below attributable to a slowdown in Planning Fees and an anticipated delay in Solid Waste Collection fees Zoning and Planning fees, Energy Plan Check fees, Planning Service Fees, and Solid Waste Collection fees have a combined budget of $374,250 and the City has received $66,100 or 17 7% combined through March 31, 2005 This revenue source is cyclical and staff continues to expect that the planning fees will come in on target this fiscal year Planning Service Fees and Solid Waste Collection Fees have a combined budget of $200,000 and staff is not currently anticipating receiving any of this in FY 2004 -2005 Other sources of revenue within this category are either ahead or on target with budget, which is helping to offset the revenue sources which are below budget Overall revenues in this category are 41 6% with 50 0% of the fiscal year complete Two other General Fund categories including Other Revenue and Transfers In are expected to be on target with budget Total Estimated Revenues With 50% of the fiscal year complete, all categories of General Fund revenues, with the exception of Charges for Services, are either ahead of or on target with budget and there are no adjustments needed at this time Overall, General Fund revenues are 62 7% with 50 0% of the fiscal year complete Revenues in most other funds are on target with budget One exception is the Golf Course Fund Total revenues are estimated to come in $791,500 or 29 0% lower than budget It should be noted that the Golf Course was impacted by an abnormally large number of 37 rainy days and wet conditions due to a near record of rainfall during the first six months of this fiscal year, which contributed to the revenues being down This is offset by a similar decrease in overall expenses Since many of the revenues and expenditures are difficult to anticipate only six months into the fiscal year, staff will prepare another in -depth review of revenues and expenditures at the at the end of the FY 2004 -2005 third quarter 19 BACKGROUND & DISCUSSION (CONTINUED) GENERAL FUND EXPENDITURES The following is an analysis of General fund expenditures by major categories A. Elected Officials and Administrative Support Services This category, which consists of the City Council, City Clerk, City Treasurer, City Manager's office, and Administrative Services is currently on target with budget with only a slight increase in the Treasurer's Office due to unbudgeted investment software expenditures B. Non Department Non Department expenditures are currently on target with budget C. Public Safety This category consists of the Police and Fire departments and is on target with budget The leave replacement and FLSA overtime accounts combined for the Suppression and Paramedic divisions are estimated to come in $35,850 or 2 9% lower than budget Within the Fire Suppression Division, these combined accounts are estimated to come in $115,750 or 16 6% higher than budget This is mainly attributable to several employees that have been out due to injury or illness, which was not anticipated as part of the FY 2004 -2005 budget The increases in the Fire Suppression Division are more than offset by decreases in the same accounts within the Paramedic Division, which are expected to come in $151,600 or 28 3% lower than budget As a result, the Fire Department is on target overall with budget D. Planning and Building Safety This department, which consists of the Planning and Building Safety divisions, is on target with the approved budget E. Public Works This function's General Fund divisions consist of Government Buildings, Engineering, Street Services, Street Maintenance, Traffic Safety, Solid Waste Recycling, Wastewater, Storm Drains, Equipment Maintenance and Administration Other fund operations in this function include Gas Tax, Facilities Maintenance and the Water Fund The total category is currently on target with budget 13 BACKGROUND & DISCUSSION (CONTINUED) F. Recreational, Cultural and Information Services The Recreation, Cultural and Information Services function includes the Recreation and Parks Department and the Library and Cable Services Department Total expenditures for these departments are expected to on target with the budget Total General Fund Estimated Expenditures With 50% of the fiscal year complete, General Fund expenditures are on target with budget and there are no adjustments needed at this time Expenditures in all other funds appear to be on target with budget with the exception of the Residential Sound Insulation and Golf Course Funds The Residential Sound Insulation fund is expected to come in $1 million less than budgeted because part of the construction costs for Group 6 will be shifted to FY 2005 -2006 Total Golf Course Fund expenses are estimated to come in $623,650 or 17 8% under budget attributable to extensive rain received this year, which reduced costs for water and other maintenance areas At the first quarter financial review held February 5, 2005, City Council directed staff to bring back a number of projects for funding consideration at the FY 2004 -2005 Midyear Financial Review The following items were to be considered for funding the remainder of FY 2004- 2005 ➢ $50,000 for Slurry Seal project east of Sepulveda ➢ $11,000 for City Council legislative trip to Washington D C ➢ $10,000 for GIS consulting services ➢ $12,800 for electronic posting of agenda backup material on the website ➢ $ 2,500 to establish a residential e-mail database An expanded project, which covers this item, will be reconsidered at the June 7, 2005 Council meeting The total fiscal impact of these items under consideration is $86,300 Staff recommends not funding these items at this time and bringing them back for consideration during a future budget process If the City Council wants to approve moving forward with any of these items, staff would recommend providing the funding from the Economic Uncertainty Fund Final FY 2003 -2004 General Fund savings At the Strategic Planning Session in July 2004 and again at the first quarter financial review held February 1, 2005, City Council directed staff to transfer the final audited FY 2003 -2004 General Fund savings into the Economic Uncertainty Fund for use in balancing the FY 2005- 2006 General Fund shortfall, if necessary BACKGROUND & DISCUSSION (CONTINU The preliminary, unaudited FY 2003 -2004 estimated savings was $64,250, which was transferred into the Economic Uncertainty Fund Now that the audit is complete and all adjusting entries have been made, the final, audited FY 2003 -2004 General Fund savings is $200,851 The difference of $136,601 is mainly attributable to a reduction in reserve for encumbrances in FY 2003 -2004 and has been transferred into the Economic Uncertainty Fund for use in balancing the FY 2005 -2006 General Fund budget shortfall Future considerations It is important to note items that will need to be funded in the future such as balancing the FY 2005 -2006 budget, costs of additional LAX litigation, and funding of future retiree medical benefits Staff will continue to monitor all revenues and expenditures as well as the status of the Economic Uncertainty Fund CONCLUSION No budget adjustments are recommended at this time Staff will continue to monitor all revenues and expenditures very closely and submit another in depth financial update to City Council at the end of the third quarter of FY 2004 -2005 1 ra 9 wall slgl of palelaj uogoe Jaglo a�el pue ssnoslp 'AlanlleuJallV (Z) 'sauas �I1ed eql w peouoo lenuuV goon aql ;o digsjosuods aql jo; pund lsnil Mied aql w :paouoo sjuawpedad seed pue uotleanou eql of Aldde pue kelo�j opun6aS 13 woab 000'9$ bo uoileuop ldaooV (l) — uoilepuawwooa�j •saljas )IJed eq; ul :peouoo lenuue 90OZ sq ; ;o lysiosuo s pn; ao; Aje4oN opun6aS 13 woj; uol;euop 00019$ a ;d000e o; uol;oe elglssod pue uol;ejaplsuoo •6 wall slgl of palelaj uolloe jeglo aiel pue ssnoslp 'AlanlleuaallV (Z) '000'9Z$ peeoxe of lou lunowe ue ui luawdinbe pue sleualew 'sagddns leulsnpui jol oul 'je6uieaE) /N/N of japio asegand lenuue aql of aseejoul ue jo; iapio a6uego a ;o aouenssi eql azuoglnV (L) — uoi ;epuewwooab auoN :;oe wl leosld •9449# ;uawaajBV Ja;sew aoue!IIV Bul ;oej;uoo sa;e;s uja;saM 'elujo;lleo ;o ele;S aq; s )loeqABBId japio asegoind aql •lined pue sleye4ew leoploole 'sallddns 6ulgwnld 'ssel6 mOPulm se vans `sal ;libel f4!0 ;o medam pue eoueua;ulew palnpagosun 'augnoi jo; popeou ;uewdlnbe pue slelia;ew ;o esego,ind ay; jo; 00019Z$ o; oul lieBu1ejJ -M-M q3!m japio asegaind Bul ;slxe aq; aseejoul PUB ss000,id Bulpplq lewj0; aq; anlenn o; uopoe elglssod pue uol;eiaplsuoo •g well slgl of uolloe palelaj jaglo a�el pue ssnoslp 'AlangewallV (Z) '/(awouV /4io eql Aq Panadde woo; of se lu9w99J6V 9suaoi-1 anoaddV (l,) — uoilepuawwooab auoN :;oe wl leos!d ulpllnq aq; ;o q ;nos Allowip PUB o; ;ueoefpe pa;eaol ;ol Bupped ollgnd aq; dolanap JO pas o; aJam f4!0 aq; J! llem and ;slsaJ-any a 431m JIM 6uloe; glnos aq; uo smopulm posodoid sq; sooeldai PUB SanOwaJ 488J ;S uleW ZZq ;e pa;e301 BUlpl!nq aq; ley; einsue o; ;uawaam6e asueoll a 10 u0l ezijo;ne ay; Bulp�6a� uol;oe elglssod pue uol ;ejeplsuoo W911 slgl o; P9le19J uolloe iaglo a�el pue ssnoslp '/(lanilewallV (Z) ' salod lg6il hails aql ;o asn Jo; (30S) Auedwoo u0s'P3 elujo;lleo uaaglnog Ag lenoidde uo 4ua6ulluoo salod lg6ll hails uo sjeuueq Ilelsul of loulsiQ jaleM ledlolunyq uiseq ls9M /(q lsenbei anoiddV (l.) — uoilepuawwooaa (auoN :;oeawl IeOS!d) ' ;veld tiullonoaa Ja ;eM ulsee ISOM agl ;O n.lesJanluue y104 aq; a;ejgeleo o; 'pJenalno8 epanlndeS ;o ;sea `ABM sa46nH uo salod ;gBll ;aai ;s uo slauueq gaul 09 Aq 43ul K Ile;sul o; uolsslwjad jo;;olj;sld Ja;eM ledlolunW ulse8 199M Aq ;senbei a 6ulp,ieBei uol;os olglssod pue uol ;ejaplsuoo •9 CITY OF EL SEGUNDO STATEMENT OF ESTIMATED REVENUES - ALL FUNDS FISCAL YEAR 2004 -2005 GENERAL _ F1 1ND PROPERTY TAXES 3101 Current Year Secured 4,711,659 4,639 187 4802,950 6 MONTH 12 MONTH CI.ASSIFICAT70N ACTUAL ACTUAL ADOPTED REVISED ACTUAL ESTIMATED 36,605 FY 2002/03 FY 2003/04 FY 2004/05 FY 2004/05 FY 2004/05 FY 2004/05 GENERAL _ F1 1ND PROPERTY TAXES 3101 Current Year Secured 4,711,659 4,639 187 4802,950 5,206 750 3,241,364 5,106,750 3102 Cunene Year Unsecured 288 738 250,994 52,500 52,500 36,605 259,800 3103 Prior Year S.0 37 057 204 677 65 000 65 000 39 598 65 (X11) 3104 Prior Year Unsecured 43,089 39,978 50,000 50,000 (2) 50 000 3105 Penalties & Interest 67 800 39 904 60 00(1 60,11110 20,296 40,600 3106 HOX Reunbursement 66,568 61006 75 700 75 700 29 901 60,1110 TOTAL PROPERTY TAXES 5 214 911 5,235,745 5,106,150 5,509,950 3167761 5 582150 OTHER TAXES 3201 Sales &Use Tax 6484732 8,138,282 6,113,550 6,113,550 4,068,861 6975Out) 3202 Franchise Tax 2,459,800 2 910 911 3 000 IXIO 3 000,(X1() 144,960 2,200,000 32037 ransfent Occupancy Tax 2866,811 3,357,942 3,150,000 3,150,000 1734847 3400000 3204 Real Property Transfer Tax 172,183 161 116 145,600 145,600 74,264 145 600 3208 Sale, Tax m U. - 16 796 2 102,350 2102 350 992,327 1984,650 3206 Utility Users Tax 21,063 22,990 21,800 21,800 12243 24,500 3212 G. UWny, Tax 3,661940 1554041 250,000 250,000 685,265 1,000,000 3213 Water Utility Tax 136052 138,279 145,000 145000 74,749 145000 32141 elephone Utility Tax 615043 680,237 661,100 661100 322454 650000 3215 Cogenerated Electric 1,499,325 1,611738 1547500 1547,500 879,846 1,800000 3216 Electric Utility Tax 2887675 2654,905 2500 000 2500 ODD 1480,700 2700,000 TOTAL OTHER TAXES 20,804,624 21230440 19,636,900 19,636,900 10470517 21024,750 BUSINESS LICENSE TAXES 3301 Commemal Induetn d 7 866 682 8 799 829 8 343 0011 8343,000 8,117,238 8 343 000 3302 Contractor, 138 666 144,355 154 500 154 500 124 811 154 500 1303 Vehmles 29 266 28,962 36 050 36 050 29155 36,050 3304 Contracted Employees 116,328 131,739 154 500 154,5(0 121 836 154 500 3105 Other Busmen, Lcense Fee 129,097 16 796 113,100 113 300 112 477 113,300 3306 Business Li. Penally Charge 98,738 257,483 180,250 180,250 39,546 180,250 3307 Business Lice. Filming Fees 58 214 110327 61,800 61 800 61,011 61,800 TOTAL BUSINESS LICENSE TAXES 8,436,991 9 581 492 9,(93 400 9,041,400 8 606 076 9,043,400 OTHER LICENSE & PERMIT 3401 Annual laeenses 11192 17,858 13600 13,600 12,570 17,100 3404 Building Permits 667,886 652,175 498,350 498350 254,933 5400(X1 1405 Plumbing Permits 13,984 30252 20000 20000 17075 34,000 3406 ElWncal Permits 59 328 72,993 35 000 35 000 18 975 40,000 3407 Street Permits 32,889 43 755 35,500 35 5(0 15,285 35 50() 3414 Budding Pennns SMI Fee Nl 601 1 121 700 700 (236) 250 3419 Overload / Misc Street Pertnd-, 9 510 15 895 21200 21 200 6 155 11,200 3424 Building Permits SMI Fee 002 3 905 2 305 5 000 5 000 3,276 7 500 TOTAL OTHER LICENSE & PERMIT 819,496 836 553 629,350 629 350 328 034 685 550 FINES & FORFEITURES 3501 City Code Fines 12 629 9 322 10,850 10 850 4,440 7,250 3502 Library Fees &Fines 41859 44,724 70000 70000 22250 50000 3503 Parking Fines 198 778 282,277 218,350 218 350 181,060 350 500 3504 Sur -Charge Parking Fines - (50) 2 005 4 350 3505 Handicap Parking Rues 2 400 2 900 3 050 3,050 (50) uX1 3506 rowmg Scrvn;e Charges 9,788 9 453 8,900 8,900 9,656 29 900 3513 QC Internet - - - - 2683 27W 3512 Library Vend -A -Card 3 312 3204 1,000 3000 318 5,000 3514 Favnonmental Safety Penalty I00 100 TOTAL FINES & FORFEITURES 268 765 151 830 314150 314 150 222,541 450 200 INTEREST& RENTALS 3601 Interest on Investments 1838668 959275 1750000 1750,000 673358 1,500000 3602 Property Rentals 65729 96,529 102500 102,500 23833 85000 TOTAL INTEREST & RENTALS 1904397 1,045,804 1852500 1,852500 697,191 1585000 1 G U \Budget 05 -06 /Revenue Worksheet CITY OF EL SEGUNDO STATEMENT OF ESTIMATED REVENUES -ALL FUNDS FISCAL YEAR 2004 -2005 INTERGOVERNMENTAL REVENUE 34,135 70,851 40,000 6 MONTH 12 MONTH CLASSIFICATION ACTUAL ACTUAL ADOPTED REVISED ACTUAL ESTIMATED 79,078 FY 2002/03 FY 2003/04 FY 2 004 /OS FY 2004 /OS FY 2004/05 FY 2004/05 INTERGOVERNMENTAL REVENUE 34,135 70,851 40,000 40000 11,014 22,000 9701 Motor Vehicle In Lieu 826 644 769 009 592 500 188 700 79,078 188 700 3702 State CLCEP 9,100 101 548 - - 6,448 0 3703 State Grams 75121 6 652 67 450 87 000 25 766 87,000 3705 Reimbursement LA County TRAP - 122 730 125,000 125,000 56 821 120,000 3710 Richmond Field Ughlmg 18,792 13 075 - - 13116 13,150 3730 Traffic Congestion AB 2928 37,049 - 3 500 3 500 - 0 3735 Federal Giants 1331 23 707 35 450 987 700 5 237 987 700 TOTAL INTERGOVERNMENTAL 949,246 1,036,720 820,400 1388400 180,021 1396550 3801 Zomng &Planning Fees 34,135 70,851 40,000 40000 11,014 22,000 3803 Special Police Services 59,875 129,392 107,650 107,650 57,086 107650 3804 Public Works Services 14,852 20,109 45,000 45000 6,448 15,000 3805 Spemm Fire Services - - (150) 0 3808 Plan Check Fees 846,338 999,961 716,350 716 350 349,045 730 000 3809 Plan Retention Fees 18,792 19170 18001 18000 8,690 17000 3810 Bwldmg Inspection Fees 360 3,240 3 500 3 500 3,500 3812 Sale Records & Report 4 469 4,724 4 800 4,800 2,641 5,200 3813 Energy Plan Check Fees 123 962 189766 1142.50 194,250 55,083 117,000 3815 Planning Service Fees 80000 446,350 100,000 100,000 0 3817 Local Record Check Fees 25,945 43 9211 62 400 62,400 28,100 56 (MI 3820 Solid Waste Collection Fee - - 100000 100,000 0 3831 Parks & Recreation Acttvmes 50 497 59 084 35 000 35 000 2 356 35,000 3841 Special Fire Services 57 630 22071 11,000 11,000 12,641 12 650 3843 Paramedic Triospon 308,136 378,733 356950 356950 232516 357000 3844 Fire Permit lioNco i 19428 12,995 21,100 21,100 20710 29350 3845 High Rise Realding Inspection - - 63 000 63 00) - 112,000 3846 Hazardous Materials Response 111 - 3,000 3,000 - 2000 3847 Fire Protect Equipment Test 9,825 12,760 8000 8(gl(1 5,935 6050 3848 formal Fire Inspection 69 330 130,906 145 000 145,000 77,502 165 800 3849 Fire Prevention Overmn, 36,617 34194 8000 8,000 15,135 17,1(X) 3850 CPR Ows Pee 4620 4280 2400 24M 600 2,400 3864 Industrial Waste Permit 5,735 5 (100 5 000 6,785 3 500 3822 Envwwnenlal Safety V 47,0000 - 17,000 17,000 15,000 3823 Envimmmemal Safety V (8115) 7000 7,000 7,000 3824 Envoomeental Safety \ 42,817 - 45 000 45,000 45 000 3825 Lnvironmemtal Safety V 73894 - 68,000 68000 68,000 3826 Environmental Safety \ 22,750 - 111000 10,000 15000 3827 Cnvironmental Safety \ 11,178 - 12000 120X) 2477 3000 3828 hmo mmnental Safety \ 1080 - 2000 2000 2,000 3871 Commmucetion Center Fees 351 453 0 TOTAL CHARGES FOR SERVICES 23201162 2,582506 2,151400 21514(X) 894674 19712W OTHER REVENUE 3901 Sales of Surplus Pmpeny 18,823 2,829 1000 1,000 54,376 60000 3903 Refunds (300) - 500 500 500 3904 SB 90 Rwmbwsement (198) _ _ 0 3905 Adm.afative Charges 740,100 740100 532,250 532250 266,125 532,250 3906 Property Damage Reimbursement 54 0 3909 Miscellaneous Revenue 69,556 246,147 104 300 100 300 34 712 100,000 3918 (lolly VLY Park Mama Grant - 0 3919 Police Evidence Uncollected Funds - 11 550 11 550 - 0 3941 Principal Senior Hommg 118,777 128 636 140,200 140 200 55,085 110,000 3943 Interest Park Vista 59891 50032 38,450 38450 18,345 38,450 3982 Fire Donations 200 200 0 TOTAL OTHER REVENUE 1,"70,1 1,167,744 828,450 828450 428,643 841,200 INTER -FUND TRANSFERS 9104 Transfer In Traffic Safety 293,050 200 000 46,200 46200 23,100 46 210 9106 transfer N Gas Tax 180,000 wl"I 140 000 140 000 70,000 140,000 9108 Transfer In Assomated Recreation 24900 24,9(11) 14000 14,000 7000 14000 9302 Transfer In Infrastructure Replacement - 810000 810000 405000 810000 9401 transfer In Designated for Economic Uncertainty 34,464 1,675,650 2 187 200 1,349,375 2197,200 U \Budget 05-06 /Revenue Worksheet f.f Y CITY OF EL SEGUNDO STATEMENT OF ESTIMATED REVENUES -ALL FUNDS FISCAL YEAR 2004 -2005 9403 Transfer In Dry Period 9404 Transfer In Accrued Vacation & Sick 9503 1 mortar In Golf Course 9602 Tmvsfar In General Ltabthty 9702 Transfer In Lxpendablc Trust Fund 9703 Transfer In Expendable Trust Fwd Other TOTAL TRANSFERS IN TOTAL REVENUES GENERAL FUND FINES & FORFEITURES 3511 Vehicle Code Fmes INTEREST & RENTALS 3601 Interest on Investments TOTAL TRAFFIC SAFETY INTEREST & RENTALS 3601 horrest on Investments INTERGOVERNMENTAL REVENUE 3712 State Gas Tax - 2107 3711 State Gas Tax - 2107 5 3714 State Gas 1 as - 21W 3716 State Gas Tax -2105 TOTAL INTERGOVERNMENTAL TOTAL STATE GAS TAX INTEREST & RENTALS 3601 Interest on Investments RECREATION FEES 3875 Contrail Class Fees 3876 Non - Contract Closes Fees 3877 Drama 3880 Fanners Market Vendors TOTAL RECREATION FEES TOTAL ASSOCIATED RECREATION ASSETFORFEFFURF INTEREST & RENTALS 250,000 205 902 138386 132,100 132100 6 MONTH 12 MONTD CLASSIFICATION ACTUAL ACTUAL ADOPTED REVISED ACTUAL ESTIMATED - FY 2002 /03 FY 2003/04 FY 2004/05 FY 2004 /05 FY 2004/05 FY 2004/05 9403 Transfer In Dry Period 9404 Transfer In Accrued Vacation & Sick 9503 1 mortar In Golf Course 9602 Tmvsfar In General Ltabthty 9702 Transfer In Lxpendablc Trust Fund 9703 Transfer In Expendable Trust Fwd Other TOTAL TRANSFERS IN TOTAL REVENUES GENERAL FUND FINES & FORFEITURES 3511 Vehicle Code Fmes INTEREST & RENTALS 3601 Interest on Investments TOTAL TRAFFIC SAFETY INTEREST & RENTALS 3601 horrest on Investments INTERGOVERNMENTAL REVENUE 3712 State Gas Tax - 2107 3711 State Gas Tax - 2107 5 3714 State Gas 1 as - 21W 3716 State Gas Tax -2105 TOTAL INTERGOVERNMENTAL TOTAL STATE GAS TAX INTEREST & RENTALS 3601 Interest on Investments RECREATION FEES 3875 Contrail Class Fees 3876 Non - Contract Closes Fees 3877 Drama 3880 Fanners Market Vendors TOTAL RECREATION FEES TOTAL ASSOCIATED RECREATION ASSETFORFEFFURF INTEREST & RENTALS 250,000 205 902 138386 132,100 132100 58022 - - 4,000 100000 IN) 000 50,000 100000 - 65 486 300000 3w O(K) 150,(8X) 31810(81 16,703 103,917 25 000 25 000 12 500 25 000 305,922 82664 10,0(X) 10,000 5000 10,000 755,019 737 563 3120 850 1612,400 2,071 975 3632400 42,480215 43,806999 43,503 550 44,986,900 27,267,434 46,212,400 57329 51,070 44,850 44,850 40,215 92500 2393 (971) 1350 1,350 1350 59,722 50,099 46,200 46,200 40,215 93,850 (109) 3,762 5,000 5000 - 5,000 135,263 138386 132,100 132100 58022 132,100 4,000 4,000 4000 4,000 - 4000 M 896 65 486 63 700 63,700 28 237 63,700 101,762 103,917 102150 102150 67,069 102150 305,922 311789 301,950 301,950 153 328 301,950 305,812 315,551 306,950 306,950 153,328 306,950 4 573 3 ,553 4,750 4 750 - 4 750 295534 319812 247,000 247 01)(1 30,919 247,000 83226 45242 90000 90,000 (2111) 90,000 17242 22,335 - 6 711 (40) 0 46,539 53406 46,000 46 000 2,676 46000 442 541 44079S 383 (810 383,000 33 354 383 000 447,114 444,349 387750 387,750 33,354 387,750 3601 Imerest on Investments 97,491 36 750 89,950 89 950 89,950 INTERGOVERNMENTAL REVENUE 3705 Rewhursement LA C u,ty TRAP 126,800 3717 Forfeiture DOJ Federal 6 711 10,898 11,700 11700 16 745 16 750 3718 f mfeture DOJ State 710 5,221 3,700 3,700 2790 2,800 3719 Forfeiture Mtscellanmus 11537 16,075 13 200 13,200 7,199 72M 3720 U S treasurer Forfcume 181,558 144 529 177,600 177 600 132,550 135 550 3722 State & Local Forfe,ture 21,946 11354 20,400 20 400 1,698 1,700 372315 % Start &Local 906 998 1000 1" 792 Star U \Budget 05-06 /Revenue Worksheet ,� CITY OF EL SEGUNDO STATEMENT OF ESTIMATED REVENUES - ALL FUNDS FISCAL YEAR 20042005 TOTAL INTERGOVERNMENTAL 223,368 189,076 227600 227,600 161773 291600 TOTAL ASSET FORFEITURE 320,859 225.826 317,550 317,550 161773 381550 RGOVERNMENTAL REVENUE 6 MONTH 12 MONTH CLASSIFICATION ACTUAL ACTUAL ADOPTED REVISED ACTUAL ESTIMATED 5 321 FY 2002 /03 FY 2003/04 FY 2004/05 FY 2004/05 FY 2004/05 FY 2004/05 TOTAL INTERGOVERNMENTAL 223,368 189,076 227600 227,600 161773 291600 TOTAL ASSET FORFEITURE 320,859 225.826 317,550 317,550 161773 381550 RGOVERNMENTAL REVENUE 9001 Hensler to General Fund 3743 Senior Qlix. In- Home -('are 5 615 8 562 5 400 5,400 5 321 5,400 3747 Juvenile Diversmn 7,894 9 100 5 400 5 400 2 760 5 400 3748 M. Home Retest, 27,332 4 708 30 000 30,000 1,300 5,000 3778 Delivered Meals 6181 9 180 5 410 5 4q) 5 321 5 400 3779 General Ad mourn na, 11,068 8,627 10700 10700 7150 10700 3786 Qty Hall ADA Doors - - - 55,900 55 900 3797 Donation for Meals 17597 23144 9,(8)0 9ODO 552 9000 1789 Qty Hall Elevator 175 000 - 0 37M ADA Doors Joslyn Center & Library 6,123 - - - 0 1790 Resident Sound Insulation Income 30,565 8789 30000 30000 2655 6000 1795 ADA Concrete Ramps 22017 19,812 199(X) 19,900 4712 19900 TOTAL INTERGOVERNMENTAL 287174 72210 115800 115810 80959 122700 TRANSFERSIN 9001 Hensler to General Fund 42,314 29,627 111700 111 700 24 (80 24 000 TOTAL BLOCK GRANT "A' 329,688 101,857 227 500 227,500 104,959 146,700 PROPOSITION TRANSPORTATION INTEREST & RENTALS 808 2 (1(1(1 3751 Rerrestron Field Trips 185,059 192,920 3601 Interest on Investments 16 157 9 774 15 21)() 15,200 15 2011 ;RGOVERNMENTAL REVENUE 3751 Proposition "A' Sales Tax 223 096 231 549 236,450 236 450 124 344 248,000 3752 Bus Pass Sale Proceeds 3,276 2116 2,5(9) 2 500 808 2 (1(1(1 3751 Rerrestron Field Trips 185,059 192,920 650 6511 82,258 0 TOTAL INTERGOVERNMENTAL 226 372 233 665 239,600 239,600 125 152 250,000 TOTAL PROPOSITION "A" 242,529 243,439 254,800 254,800 125,152 265,200 INTEREST & RENTALS 3601 Interest on lnveslmenL a) 889 11,085 22 100 22 19) - 22 100 INTERGOVERNMENTAL REVENUE 3754 ProN ur. "C" Sales Tax 185,059 192,920 196 150 196 150 82,258 165 000 TOTAL INTERGOVERNMENTAL 185059 192,920 196150 196150 82,258 165,000 TOTAL PROPOSITION "C" A IR PO A TII NREnl{I'Ty ION 205,948 204,005 218,250 218,250 82,258 187,100 INTEREST & RENTALS 3601 Interest on Investments 2746 1655 2650 2,650 2650 INTERGOVERNMENTAL REVENUE 1703 Start, Grants 3 000 - - - 0 1708 LAC. SCAQMD /1Ldesbare 19017 19812 18000 18000 4712 18001) TOTAL INTERGOVERNMENTAL 22017 19,812 18 M) 18000 4712 18,000 TOTAL AIR POLLUTION REDUCTION ROME SOUND INSULATION 24,764 21,466 20,650 20,650 4,712 20,650 INTEREST & RENTALS 3601 Interest on Investments 6 750 14191 7 650 7 650 - 7,650 1 s) U \Budge105 -06 /Revenue Worksheet CITY OF EL SEGUNDO STATEMENT OF ESTIMATED REVENUES -ALL FUNDS FISCAL YEAR 20042005 INTERGOVERNMENTAL REVENUE 291 (75) 150 6 MONTH 12 MONTH CLASSIFICATION ACTUAL ACTUAL ADOPTED REVISED ACTUAL ESTIMATED, 1 948 578 FY 2002/03 FY 2003/04 FY 2004 /05 FY 2004/05 FY 2004/05 FY 2004/05 INTERGOVERNMENTAL REVENUE 291 (75) 150 3728 Hypenon Mitigation 48,000 24000 3755 FAA 150 Goat 207,007 1305159 2 4X0 (U) 2 400 000 948 578 2 4W 000 3759 R S 1 LonsvucUOn 8,583 11 276 25 000 25 000 5 664 25 000 TOTAL INTERGOVERNMENTAL 207 (W 1316 435 2,425 000 2 425 000 948578 2,425 ((X) PLAN CHECK FEES 3808 Plan Check Fees - 1 142 - 1340 3(81(1 3812 Sale Records & Reports 620 3 000 3 (100 0 TOTAL PLAN CHECK FEES 620 1,142 3,000 3 000 1 34) OTHER REVENUE 100 0(10 100,000 10(1 (Xp) 100,000 1(X) (1(10 100 (8X1 3920 Applicant Portwn 218564 314454 570000 570,000 200800 4W 000 TRANSFERSIN 15,62(1 2 727 7 751 7750 7 750 9111 Transfer In CDBG Fond 26,902 102,727 10,000 30,000 100,000 30,000 TOTAL HOME SOUND INSULATION 459,843 1,646,424 3035,650 3,035,650 1,150,718 2862,650 INTERGOVERNMENTAL REVENUE 291 (75) 150 3728 Hypenon Mitigation 48,000 24000 24000 TOTAL HYPERION MITIGATION 48,000 24 000 24 000 TDA ARTICLE 3 -.SR 821 INTEREST & RENTALS 3601 Immest on Investments 291 (75) 150 150 150 INTERGOVERNMENTAL REVENUE 3725 TDA A ndi, 3 - SB 821 8,583 8 032 8 450 8 450 5 664 8,450 TDA ARTICLE 3 MIA GRANT 8,874 7,957 8,600 8,600 5,664 8,600 OTHER REVENUE 3979 WA Grant Revenue 167 301 - 0 TOTAL MIA GRANT CO n.S /. 1ESF FUND 167301 0 OTHER TAXES 3207 C O P S Funding 100 0(10 100,000 10(1 (Xp) 100,000 1(X) (1(10 100 (8X1 INTEREST & RENTALS 3601 interest on Invesmenta 15,62(1 2 727 7 751 7750 7 750 TOTAL C O P S 115,620 102,727 107,750 107,750 100,000 7,750 FEMA 3798 State DES Contribution - 220,680 - 0 TOTAL F E M A 220,680 0 U 1BUdget 05 06 /Revenue Worksheet �� CITY OF EL SEGUNDO STATEMENT OF ESTIMATED REVENUES -ALL FUNDS FISCAL YEAR 2004 -2005 CLASSIFICATION ACTUAL ACTUAL FY 2002103 FY 2003/04 ADOPTED FY 2004 /05 REVISED FY 2004/05 6 MONTH ACTUAL FY 2004/05 1 12 MONTH ESTIMATED FY 2004/05 3109 Tax Assessment district 106 628 105 441 101 5W 101 500 - 101,500 PROPERTY TAXES 442,691 - - 0 3791 Sate Gant Sepulveda Lendscapmg 633,155 - - - 0 3793 I-A County Gant -Vista Area - - - - 0 3109 Tax Assessment district 106 628 105 441 101 5W 101 500 - 101,500 TOTAL INTEREST A, RENTALS 9302 Transfer Infrastnw1ure Rep] - 4590,050 175,000 3601 Interest on Investments 10 U7 6,788 9 Out 9,000 9 WO TOTAL ASSESSMENT DISTRICT R73 CAPITAL IMPROVEMENT E17ND CIP) 116,975 112,228 110 500 110,500 110,500 3909 Mrscellaneous Revenue 442,691 - - 0 3791 Sate Gant Sepulveda Lendscapmg 633,155 - - - 0 3793 I-A County Gant -Vista Area - - - - 0 0000 Rec County Sate Gant - - - - 0 3973 Douglass Street Gap Closure Grant Revenue 138 615 - - _ _ 0 TRANSFERSIN 529 000 362 750 175,000 175 000 87 SW 17i 0011 9001 Transfer N General Food 6,6W 050 828 200 9302 Transfer Infrastnw1ure Rep] - 4590,050 175,000 - 175 000 0 9405 Transfer 1. Faahhes Mien .ance 124 500 166 650 - - INTEREST & RENTALS 0 9708 Iner er In Outside Services treat Food 20350 68,950 - - - 0 9705 Transfer In Infrastructure Reserve 500,000 500 OW 250 000 SW 000 TRANSFERS IN 6 744 Will 5 653,850 5W" 500 000 2.50000 500 000 TOTAL CAPITAL IMPROVEMENT 7,959362 5,653,850 500,000 500,000 250000 500000 INFRA, STRUCTURE REP// A CEMENT INTERGOVERNMENTAL REVENUE 4000 4000 50SO 10000 3856 Redauned Water Sales 4,632 416 3794 Federal Gant for Sewer improvements 5,200,250 1 3 597180 6 200 000 3859 Miscellaneous Revenue 0 INTERGOVERNMENTAL REVENUE - 1 500 2000 CRARGESFORSERVICES 0 TRANSFERSIN 10811300 10811100 7042579 13012000 9301 Transfer m C1P - - - 9001Translerin General Food 525000 50d 000 Soo ow 500,000 250000 5001IlID 525 (X8) 500,000 500,000 500 000 250,000 SW,1X)0 TOTAL INFRASTRUCTURE REPLACE 525,000 500,001 500,000 500,000 250,000 500,000 ECONOMIC UNCERTAINTY 9001 Iransler General Fond 225,00 257,046 257,05( TOTAL ECONOMIC UNCERTAINTY 225,000 - - 257,046 257,050 FACIL [TIES MA TRANSFERS IN 90111 Transfer In General Food 529 000 362 750 175,000 175 000 87 SW 17i 0011 TOTAL FACILITIES MAINTENANCE WATER UTI ITY 529,000 362,750 175,000 175,000 87,500 175 000 INTEREST & RENTALS 3601 Interest on Investments (2 365) (15) 0 CHARGES FOR SERVICES 3851 Water Sales 6129,994 5 658 173 5,600850 5,600,850 3,439,849 6800000 3853 Meter 6tstaliahon 1,150 9,155 4000 4000 50SO 10000 3856 Redauned Water Sales 4,632 416 5,756,458 5,200,250 5 200 250 3 597180 6 200 000 3859 Miscellaneous Revenue 80119 4404 80(10 8,M) 500 2000 CRARGESFORSERVICES 10771568 11429190 10811300 10811100 7042579 13012000 I U \Budget 05 -06 /Revenue Worksheet CITY OF EL SEGUNDO STATEMENT OF ESTIMATED REVENUES -ALL FUNDS FISCAL YEAR 2004 -2005 OTHER REVENUE 3909 Mrseellmaoa Rev., OTHER REVENUE TRANSFERSIN 9(1(11 Transfer In General Fund 9302 Gaasfer In In]Fasnueture Repluwmrnt TRANSFERSIN TOTAL WATER UTILITY .SEWER FIIND CHARGES FOR SERVICES 3861 WmteWater User Fees 3862 Waste Water Connechan Fees 3865 Annual Quality Surcharge 3867 Annual Indusuml Waste / LA Cn CHARGES FOR SERVICES TRANSFERSIN 9001 Transfer In General Fwd 9302 Transfer In Inhastmetme Replacement TRANSFERSIN TOTAL SEWER FUND TOTAL INTEREST & RENTALS 3603 Interest In., - COP INTEREST & RENTALS CHARGES FOR SERVICES 3832 Food & Beverage Revenues 3833 Lensed Beer & Wme 3834 Golf Course No Shop Revenues 3835 Golf Course Revenues 3836 Drrvmg Range Revenues 3838 Golf Lessons CHARGES FOR SERVICES OTHER REVENUE 3909 Mtseellaaeous Revenue TOTAL GOLF COURSE PARK VISTA SENIOR HOUSING 3601 Interest on Investments TOTAL PARK VISTA SENIOR HOUSING OTHER REVENUE 3901 Sales of Surplus Properly 3912 Replacement Charge to other Dept OTHER REVENUE TOTAL EQUIPMENT REPLACEMENT U \Budget 05 -06 /Revenue Worksheet 2 570 16W0 300000 16001) 3W,O00 16,000 16,000 6 MONTH 1 12 MONTH 1 CLASSIFICATION ACTUAL ACTUAL ADOPTED 1 REVISED ACTUAL ESTIMATED 11,085,203 FY 2002/03 FY 2003/04 FY 2004/05 FY 2004 /05 FY 2004/05 FY 2004/05 OTHER REVENUE 3909 Mrseellmaoa Rev., OTHER REVENUE TRANSFERSIN 9(1(11 Transfer In General Fund 9302 Gaasfer In In]Fasnueture Repluwmrnt TRANSFERSIN TOTAL WATER UTILITY .SEWER FIIND CHARGES FOR SERVICES 3861 WmteWater User Fees 3862 Waste Water Connechan Fees 3865 Annual Quality Surcharge 3867 Annual Indusuml Waste / LA Cn CHARGES FOR SERVICES TRANSFERSIN 9001 Transfer In General Fwd 9302 Transfer In Inhastmetme Replacement TRANSFERSIN TOTAL SEWER FUND TOTAL INTEREST & RENTALS 3603 Interest In., - COP INTEREST & RENTALS CHARGES FOR SERVICES 3832 Food & Beverage Revenues 3833 Lensed Beer & Wme 3834 Golf Course No Shop Revenues 3835 Golf Course Revenues 3836 Drrvmg Range Revenues 3838 Golf Lessons CHARGES FOR SERVICES OTHER REVENUE 3909 Mtseellaaeous Revenue TOTAL GOLF COURSE PARK VISTA SENIOR HOUSING 3601 Interest on Investments TOTAL PARK VISTA SENIOR HOUSING OTHER REVENUE 3901 Sales of Surplus Properly 3912 Replacement Charge to other Dept OTHER REVENUE TOTAL EQUIPMENT REPLACEMENT U \Budget 05 -06 /Revenue Worksheet 2 570 16W0 300000 16001) 3W,O00 16,000 16,000 8000 16 M) 0 316 (01) 316 (XX) 16 000 16 000 8,00(1 16 (XX) 11,085,203 11,744,175 10,829.100 10,829,100 7053,149 13,033,000 759,402 748,440 972200 972,200 325,022 750000 13,885 13,400 15,000 15 000 300 15,000 333643 313,732 320,OW 320,000 212544 320000 620,358 585664 20 011) 20000 220228 20000 11009311 1075572 1,327,200 1,327200 537866 1,105,000 291750 291750 133550 291,750 560 000 560" 280,000 560 000 851 750 851,750 413 550 851 750 1,106,930 1,075,572 2178950 2,178950 951416 1956750 4,425 2139 24(10 2400 2400 4425 2139 2400 2400 2*X) 205,756 212182 219,000 219000 90684 227000 32,636 30,505 30001) 30,010 4207 7,500 519,157 365,353 590,000 5%(X0 88,790 271000 620,358 585664 664,010 664,000 220228 572000 820702 790,026 850000 850,000 303082 757000 356248 296,833 376000 376000 74,329 103001) 2 554 858 2 240,563 2729 000 2729000 781 321 1937,500 7 728 33 329 5 (10) 5,000 915 1500 2367,012 2,316,031 2,736,400 2,736,400 782,236 1,941,400 - - 5000 5(X0 - SOW 1668,250 1124050 601,400 601400 3138(X) 601400 1,668,250 1,128,050 6116 410 606400 313800 6(16,400 1,668 250 1,128,050 606,400 606,40) 313,800 606,400 • � r'1 CITY OF EL SEGUNDO STATEMENT OF ESTIMATED REVENUES -ALL FUNDS FISCAL YEAR 20042005 OTHER REVENUE 3909 Miscellaneous Revenue 3911 Charges to 016er Deparlmenls 1913 Recovery of Claims Paid TOTAL OTHER REVENUE TOTAL LIABILITY INSURANCE OTHER REVENUE 3911 Charges to Other Departments 3913 Recovery of Claims Paid TOTAL OTHER REVENUE TOTAL WORKERS COMPENSATION INTEREST & RENTALS 3601 Interest on Investments OTHER REVENUE 3972 Ubrary Service 3972 Hue Safely Improve 3972 Police Safety Improve 19721 mRic Improve 3972 Developer Conmbunon -Sewer M TOTAL OTHER REVENUE TOTAL SPECIAL DEPOSITS :RGOVERNMENTAL REVENUE 1703 Library - PLL 1703 Library - CLSA 1701 Police IrammgSIC TOTAL INTERGOVERNMENTAL TOTAL OUTSIDE SERVICES TRUST Reserves approved in the 02 -03 Budget TOTAL CITY REVENUES U \Budget 05 -06/Revenue Worksheet 695 200 726 9W 459 901 459 9(0 229 950 459 900 24,833 5,000 5 00X1 6 103 12 00(1 695 20(1 751 731 464 9(10 464,900 2-16053 471 900 695,200 751,733 464,900 464,900 236,053 471,900 1,251,070 1,741,886 1387,950 1387950 981541 1174(0(1 21596 164,714 4(XX) 4,000 60000 64000 1,274,666 1906 600 1,191,950 1391910 1 041 541 1438 MN) 1,274,666 1,906,610 091,950 11391,950 1,041,541 1,438,000 91 384 53 591 86 350 86 350 6 MONTH 12 MONTH CLASSIFICATION ACTUAL ACTUAL ADOPTED REVISED ACTUAL ESTIMATED 8,351 FY 2002/03 FY 2003/04 FY 2004105 FY 2004/05 FY 2004/05 FY 2004/05 OTHER REVENUE 3909 Miscellaneous Revenue 3911 Charges to 016er Deparlmenls 1913 Recovery of Claims Paid TOTAL OTHER REVENUE TOTAL LIABILITY INSURANCE OTHER REVENUE 3911 Charges to Other Departments 3913 Recovery of Claims Paid TOTAL OTHER REVENUE TOTAL WORKERS COMPENSATION INTEREST & RENTALS 3601 Interest on Investments OTHER REVENUE 3972 Ubrary Service 3972 Hue Safely Improve 3972 Police Safety Improve 19721 mRic Improve 3972 Developer Conmbunon -Sewer M TOTAL OTHER REVENUE TOTAL SPECIAL DEPOSITS :RGOVERNMENTAL REVENUE 1703 Library - PLL 1703 Library - CLSA 1701 Police IrammgSIC TOTAL INTERGOVERNMENTAL TOTAL OUTSIDE SERVICES TRUST Reserves approved in the 02 -03 Budget TOTAL CITY REVENUES U \Budget 05 -06/Revenue Worksheet 695 200 726 9W 459 901 459 9(0 229 950 459 900 24,833 5,000 5 00X1 6 103 12 00(1 695 20(1 751 731 464 9(10 464,900 2-16053 471 900 695,200 751,733 464,900 464,900 236,053 471,900 1,251,070 1,741,886 1387,950 1387950 981541 1174(0(1 21596 164,714 4(XX) 4,000 60000 64000 1,274,666 1906 600 1,191,950 1391910 1 041 541 1438 MN) 1,274,666 1,906,610 091,950 11391,950 1,041,541 1,438,000 91 384 53 591 86 350 86 350 86 350 1790 6178 1000 1,000 3,170 6000 8,351 28,832 50000 50000 14,795 30 OW 6,562 22654 12400 12400 10,855 22,000 182091 77245 INDW 100,000 126 100000 ri 120 8,150 198,785 114908 163400 163,400 37066 166,150 29,170 188,499 2,49750 249,750 37,066 252,500 14859 7501 6,500 65W 6800 13333 4,222 5000 5,000 8,084 5,000 4,011 (171) 0 32204 11723 11,500 11510 7911 11,800 32,204 11,723 11,500 11,500 7,913 11,800 73,018,260 73,189,993 68,189,650 69,673,000 40,521,289 72,159,450 v1 CITY OF EL SEGUNDO SUMMARY OF EXPENDITURES BY FUND FISCAL YEAR 20042005 MIDYEAR 6 MONTH 1 12 MONTH 1 12 mouth CLASSIFICATION ACTUAL ADOPTED REVISED ACTUAL ESTIMATED % FY 2003/04 1 2004/05 1 2004/05 200405 2004/05 Inc TRANSFERS 1,736,577 1,(x)6,100 1,326,846 1,011,621 1,326,850 1000% CITY COUNCIL 179,062 183,900 183,900 88,650 175,150 952% CITY TREASURER 188,424 203,250 202,450 107,019 206,400 1020% CITY CLERK Administration 709,813 230,200 233,000 101,270 227,500 98% Elections 41,407 10,100 10,1()0 2,658 10100 1000% TOTAL PLANNING & SAFETY 2,088,088 1,871,500 2,232,792 756,855 TOTAL CITY CLERK 251,220 740,300 243,100 103,928 237,6(x) 977% CITY MANAGER Administration 305,409 295,300 298,300 166,494 Administration 531,919 582,150 582,150 302,342 520,750 895% Economic Development 449,383 501,650 536,650 247,019 499,150 930% 355,800 99% Information Services 519,104 431,650 TOTAL CITY MANAGER 981,302 1,083,800 1,118,800 549,361 1,019,900 912% CITYATTORNEY 443,291 494,200 494200 208,569 497,700 1007% PLANNING AND BUILDING SAFETY Planning 1,116,483 677,750 815,108 367,691 818,850 1005% Building Safety 971605 1,193,750 1,417,684 389,164 1,417,700 1000% TOTAL PLANNING & SAFETY 2,088,088 1,871,500 2,232,792 756,855 2,236,550 1(x) 2% ADMINISTRATIVE SERVICES Administration 305,409 295,300 298,300 166,494 279050 935% Accounting 712,753 708,650 763,782 317430 771,350 1010% Business Services 284,371 360,000 360,000 164,569 355,800 99% Information Services 519,104 431,650 658655 224,925 664,150 1008% Human Resources 413,751 455,350 481,332 194,575 462,800 961% Risk Management and Purchasing 146,651 147,750 147,750 79,810 152,550 1032% TOTAL ADMINISTRATIVE SERVICES 2,382,039 2,398,700 2709,819 1,147,802 2685,700 991% NONDEPARTMENT 4,077,875 3,078,350 3637,350 1,667,849 3,636,900 1000% POLICE DEPARTMENT Administration 3,573,535 3,249,700 3,259,200 1585,627 3259,550 1000% �. t CITY OF EL SEGUNDO SUMMARY OF EXPENDITURES BY FUND FISCAL YEAR 2004.2005 MIDYEAR CLASSIFICATION ACTUAL FY 2003/04 I ADOPTED 2004/05 REVISED 2004/05 I ACTUAL 200405 ESTIMATED 2004/05 12 �oo[h Inc Patrol and Safety 5,006,943 5,476,200 5,476,200 2,749,448 5 404 500 987% Crime Investigation 1,617,114 1,692400 1,761,400 955,172 1,761,400 1000% Traffic Safety 748,339 984,200 984,650 442923 966,250 981% Community Relations 88,797 99,500 99,500 48,884 99,800 1003% Communications Center 1,368,001 1,660,750 1,660,750 700,939 1,521,350 918% Animal Control 113,078 129,450 129,450 56,132 129,400 1 W 0% TOTAL POLICE DEPARTMENT 12,515,807 13,292,200 13,371,150 6,539,126 13,145,250 983% FIRE DEPARTMENT Admintstration 377,953 406,750 406,750 194,547 405,950 998% Suppression 6,411,840 6,364,000 6,850,140 3,691,701 6,944,000 1014% Paramedic 2,026,177 2,498,950 2,633,800 1,212,170 2,483950 943% Prevention 304,023 354,200 354,200 174,443 352,100 994% Environmental Safety 280,101 254,400 254,400 125,755 262,000 1030% Emergency Services 146,786 _ 155,150 919,250 _ 61,120 545,100 5937, TOTAL FIRE DEPARTMENT 9,546,880 10,033,450 11,418,540 5,459,737 10,993,100 963% PUBLIC WORKS Government fluddiugs 997,207 1,029,350 1,052,666 495,314 1,053,950 1001% Engineering 371,255 407,000 407,000 156,038 407,000 1000% Street Services 260,901 275,4(X) 275,850 136,528 275,850 1000% Street Maintenance 639,463 574,650 812,900 285,864 812,900 100 0% Traffic Safety 587,378 621,700 621,700 277,205 621,700 1000% Solid Waste Recycling 654,987 692,050 705,100 337,582 705,150 100 0% Storm Drams 163448 196,150 214,039 120,225 223,950 1046% Eqmpment Maintenance 328,529 406,650 406,650 183,939 407,650 1002% Administration 132,555 194,800 194,800 38,951 194,800 1WO% TOTAL PUBLIC WORKS 4,135,723 4,397,750 4,690,704 2,031,646 4,702,950 1003% RECREATION AND PARKS Administration 334 ,509 328,600 328,6(X) 152,383 291,100 886% Parks Department 1,797,592 1,782,250 1,783,600 844,128 1,776,300 996% Recreation Department 1,197,840 1,230,250 1,284,150 570,730 1306,100 1017% TOTAL RECREATION & PARKS 2,995,432 3,012,500 3,396,350 1,567,241 3,373,S00 993% IA/:1 01" Administration 362,709 332,900 332,900 172,087 334,500 1005% Technical Support Services 368,242 456,250 456,250 214,732 446,400 978% Youth Services 468,567 516,150 516,150 184,281 471,850 914% Public Information Services 522,071 510,450 510450 277164 509450 998% Community Cable 356 601 392,600 392,600 191,124 386,600 985% TOTAL LIBRARY 2,078,189 2,208,350 2,208,350 1,039,388 2148,8W 973% TOTAL GENERAL FUND 43,599,909 43,503,550 46,905,752 22,171,771 46,386,350 989% � s) CITY OF EL SEGUNDO SUMMARY OF EXPENDITURES BY FUND FISCAL YEAR 2004 -2005 MIDYEAR 6 MONTH 1 12 MONTH 1 12 month CLASSIFICATION ACTUAL ADOPTED REVISED ACTUAL ESTIMATED % FY 2003/04 1 2004/05 1 2004/05 2004 -05 2004/05 Inc ALL OTHER FUNDS TRAFFIC SAFETY STATE GAS TAX ASSOCIATED RECREATIONACTIVITIES Community Promotion Farmers Market Contract Classes Non Contract Classes Drama TOTAL ASSOCIATED RECREATION ASSETFORFEITURE COMMUNITYDEVELOPMENT BLOCK GRANT Senior In -Home Care Juvenile Diversion Minor Home Repair Delivered Meals General Administration Automatic Doors Residential Sound Insulation ADA Concrete Ramps TOTALCDBG PROP "A " TRANSPORTATION Dial -a -Ride Shuttle Recreation Trips Administration MIA Buy -Down CTIP Program TOTAL PROPOSITION "A" PROP "C" TRANSPORTATION Dial -A -Ride Shuttle Administration 200,000 46,200 46,200 34,650 46,200 1000% 257,821 439,700 439,700 106,685 439,700 1000% 152 - - 599 600 00% 31,109 16,700 16,700 5,562 27,400 1641% 251,480 247,000 247,000 99,383 247,000 1000% 63,185 61,950 68,500 22,051 67,050 979% 60.737 82.700 82 700 39.074 82,600 999% 406 663 408,350 414,900 166 019 424,050 1022% 1735,506 906,400 1,433,605 257399 1,258,900 878% 21,225 35,000 61,991 9,504 61,550 993% 9,240 16,000 16,000 5,360 16,000 1000% 4,253 30,000 10,000 2,528 30,000 1000% 37,175 30,100 49,659 14,764 49,2(X) 99 1% 18,608 17,100 17,100 5,446 17,100 1000% 2,736 - 62,485 57,070 62,500 1000% 6,033 30,000 30,00 1,325 30,00 1000% 19,900 19,900 19 900 IN) 0% 99,270 178,100 287,135 95,997 286,250 997% 139,624 133,400 133,400 64,267 133,400 1(00% 27,293 49,800 49,800 7,930 49,800 1WO% 16,202 20,600 20,600 7,423 20600 1000% 40,430 42,200 42,200 20,608 42,250 1001% 7,660 8,000 8,000 2,798 8,000 1000% 27,567 30000 30,000 20,675 30,000 1000% 258776 284000 284,000 123,701 284,050 1000% 11050 11,100 11,100 5,550 11000 991% 46,444 90 200 90 200 22,297 90,200 100 0% 23,110 50,OW sopm 6,777 50,000 1000% CITY OF EL SEGUNDO SUMMARY OF EXPENDITURES BY FUND FISCAL YEAR 20042005 MIDYEAR CLASSIFICATION AIR POLLUTION REDUCTION RESIDENTIAL SOUND INSULATION HYPERION MITIGATION FUND TDA ARTICLE 3 - SB 811 BIKEWAY FUND C O.P S. FUND ASSESSMENT DISTRICT #73 -REDEMPTION CAPITAL IMPROVEMENT FUND Public Facility CIP Rec /Park CIP Streets/Hwy CIP Sanitary Sewer CIP Public Safety Capital Improvement TOTAL CAPITAL IMPROVEMENT INFRASTRUCTURE REPLACEMENT Public Facility CIP later -Fund Transfers TOTAL INFRASTRUCTURE REPLACE ECONOMIC UNCERTAINTY FUND FACILITIES MAINTENANCE WATER Water Operation Water Capital ACTUAL FY 2003/04 I ADOPTED I REVISED I 2004.05E E 2:105 �D I Inc 330.605 151.100 151 300 34.624 151.200 999% 20,950 52,600 52600 - 52,6(x) 1000% 1,543,329 3,635,200 3,846,930 237,060 2,850,450 741% 65516 65,900 97,449 9,575 97,450 1000% 16,700 6,950 6,950 - 6,950 1000% 32,743 200,010 115 123 107,200 274,301 24,590 274,301 1000% 107,200 1,325 107,200 1(x) 0% 1,592,164 890,200 1,320,922 108,420 1,320,9(10 100 n% 622,989 6,661,000 7,351,625 104,150 7,351,600 1000% 909,061 - 797,246 406,100 797,250 1000% 1,823 464,500 548,650 8,042 548,650 1000% 7,001 35100 35,107 35,100 1000% 3,133,057 8,050,800 10,053,543 626,711 10053,500 1(100% 1,100,000 5,500,00) 5,500,(x10 - 5,500,000 1000% 4,891,050 1,870,000 1,870,000 1,402,500 1,870,00 1000% 7,093140 7,370,000 7470,01(1 1,402,500 7370001 1000% 250000 1675,650 2,187,200 1,768,286 2,187000 1000% 333,748 178,000 448,000 46,110 448,000 1000% 11,405,824 10,128,850 10,145445 3,060388 9932750 979% 623,750 580,000 580,000 583,598 580,000 100 0% (� H CITY OF EL SEGUNDO SUMMARY OF EXPENDITURES BY FUND FISCAL YEAR 2014.2005 MIDYEAR 6 MONTH 12 MONTH 12 month CLASSIFICATION ACTUAL ADOPTED REVISED ACTUAL ESTIMATED % FY 2003/04 1 2004/05 1 2004/05 200405 2004/05 Inc TOTAL WATER 12,029,574 10,708,850 10 725,445 3641996 10,512,750 w 0% SEWER FUND - 2,178,950 2,178,950 1,024,867 2,192,200 1(X)6% GOLF COURSE Golf Course 655,068 823,750 1,349,950 52,763 1274,950 944% Food and Beverage 260,949 242,600 242,600 129,904 259,450 1069% Pro Shop 402,128 449,150 449,150 89,148 270,600 602% Golf Course 327,260 333,000 333,000 144,401 326,200 980% Driving Range 196,732 177,450 237,450 86,121 248,300 1046% General Administration 454,600 434,900 434,900 34,487 391,350 900% Golf Course Lessons 358,156 342,050 342,050 69,837 94,700 277% TOTAL GOLF COURSE 2,654,892 2,902,900 3,489,100 606,661 2865,550 821% EQUIPMENT REPLACEMENT Service Charges 535,015 862,0(X) 862,000 - 862 000 lw 0% Capital - Fixed Assets (341,806) 1,661 200 1,661,2(X) - 1,661 200 1000% TOTAL EQUIPMENT REPLACEMENT 193,209 2,523,200 2,523,200 2,523,200 1000% LIABILITYINSURANCE 1,447,538 1,751,400 1751,400 51,974 1,751,400 Iwo% WORKERS' COMP RESERVE/ INSURANCE Administration 2,423,939 1,403,40X1 1,403,400 - 1,405,700 1002% Employee Safety Program 18,338 32,300 32,300 32,300 1000% TOTAL WORKERS COMP 2,442,277 1,435 700 1,435,700 1438,000 1002% DEVELOPER FEES -EXPENDABLE TRUST 324,008 75,000 75,000 75 000 lw o% EXPENDABLE TRUST FUND - OTHER 0 10,000 10,00 10,00 1000% TOTAL ALL FUNDS 78,789,986 88,845,900 96,595,559 32,434,492 94,092,250 974% 48 CITY OF EL SEGUNDO BUDGET CALENDAR FISCAL YEAR 2005 -2006 PRELIMNARY BUDGET Dates Responsibility 1/1/2005- 5/24/2005 Administrative Services Update equipment replacement schedule 1/06/2005 Public Works CIP Kickoff 2/13/2005 Department Heads Departments submit CIP requests, including project descriptions, justifications, cost estimates, proposed funding source(s), and cost savings, if any Changes to current CIP budget should also be submitted at this time 2/25/2005 Administrative Services/ Public Works 3/1/2005- 6/10/2005 CIPAC /Admm Services 4/11/2005- 4/29/2005 Department Heads 4/11/2005- 4/29/2005 Administrative Services Review CIP proposals with the City Manager Public Works Department to assemble all departmental requests and schedule CIPAC meetings One CIPAC meeting is designated for public input Departmental preparation of FY 2004 -2005 estimated expenditures and revenues Prepare revenue and mid -year budget review 4/11/2005 - 5/19/2005 Department Heads Preparation for Strategic Planning Session Project Information sent to City Manager Office 5/17/2005 City Manager Final Budget calendar to be presented to City Council 5/17/2005 City Council/City Manager Presentation to City Council of mid -year financial review pertaining to projected year -end expenditures and revenues for FY 2004 -2005 5/20/2005 City Council, City Council Strategic Planning Session City Manager, Dept Heads 5/20/2005 Administrative Services Revenues and Expenditure Assumptions presented to the City Council 5/23/2005 Administrative Services Administrative Services Department to make budget files available on the T drive, which will include a budget instructions, worksheets on expenditures and revenues, personnel, capital outlay requests, travel and meetings, professional and technical services, contractual services, dues and subscriptions, training and education, and new 2 1) CITY OF EL SEGUNDO BUDGET CALENDAR FISCAL YEAR 2005 -2006 PRELIMNARY BUDGET Date (s) 5/24/2005 - 6/7/2005 5/24/2005- 6/7/2005 5/24/2005- 6/7/2005 6/7/2005-6/17/2005 6/17/2005 Responsibility program requests Shared network drive will be utilized where available Department Heads Submit the following to the Administrative Services Department (FY 2005 -2006 Budget) 1) Proposed fee increases as of October I, 2005 in accordance with City ordinances, if applicable, 2) Completed expenditure and revenue worksheets, 3) Completed personnel worksheets, 4) Completed Capital Outlay Requests, 5) Completed Travel and Meetings, Professional and Technical Services, Dues and Subscriptions, Training and Education, 6) Completed New Program Requests, if applicable, and 7) Completed departmental and divisional narratives updated on network ( "T" Drive) Administrative Services Purchasing Agent /Risk Manager to review all capital outlay requests submitted by departments Administrative Services Information Systems Manager to review all technology requests and prepare for Executive Technology Review Committee (ETRC) to meet and review technology projects submitted by departments Administrative Services Administrative Services Department inputs and compiles estimated revenues and budget requests, and prepares budget worksheets, narratives and capital requests for submission to the City Manager and distribution to Department Heads in preparation for budget sessions Public Works Dept Public Works submits preliminary CIP program to the City Manager for review pending City Council direction 6/20/2005- 6/23/2005 City Manager /Admm Services Department budget sessions with the City Manager, Director Administrative Services, Administrative Services Department and individual departments to discuss departmental budgets, departmental narratives, and proposed reorganizations or program changes 6/24/2005- 6/30/2005 Administrative Services Administrative Services Department recalculates preliminary budget totals based on adjustments made during departmental budget sessions and submits revised numbers to the City Manager for review JO CITY OF EL SEGUNDO BUDGET CALENDAR FISCAL YEAR 2005 -2006 PRELIMNARY BUDGET Dates Responsibility 6/30/2005- 7/21/2005 Administrative Services Administrative Services Department compiles and prints preliminary budget 7/7/2005 City Council, City Manager, Department Heads 2 "d Strategic Planning Session , if necessary 7/15/2005 City Manager /Admm Services Administrative Services Department reviews and finalizes revised budget totals, narratives, capital equipment requests, and technology requests with the City Manager 8/02/2005 City Council City Council receives preliminary operating and CIP budgets, and sets dates for budget workshops and public hearings 8/16/2005 Administrative Services City Council workshop on operating and CIP budgets 8/17/2005 Administrative Services 2nd City Council workshop on operating and CIP budgets if necessary 9/06/2005 City Council City Council holds a public hearing on the FY 2004 -2005 annual operating budget and the FY 2005 -2006 thru 2009- 2010 CIP budget Presentation by CIPAC Chair of proposed Fiscal Year 2005 -2006 CIP projects 9/06/2005 All Departments Submission of 2005 -2006 Professional Services Agreements over $10,000 to the City Council for approval 9/20/2005 City Council City Council adopts the FY 2005 -2006 annual operating budget, the FY 2005 -2006 thru 2009 -2010 CIP budget, and the appropriations limit .l 1 EL SEGUNDO CITY COUNCIL MEETING DATE. May 17, 2005 AGENDA ITEM STATEMENT AGENDA HEADING COMMITTEES, COMMISSIONS & BOARDS AGENDA DESCRIPTION Consideration and possible action regarding the setting of a date and time for interviewing candidates to the following Committees, Commissions and Boards ( "CCBs ") Recreation and Parks Commission, Library Board of Trustees, Planning Commission, Senior Citizen Housing Corporation Board, Investment Advisory Committee, and the Los Angeles International Airport Area Advisory Committee RECOMMENDED COUNCIL ACTION: (1) Set date for Interviews of candidates to the above listed CCBs, from 6 00 p m to 7 00 p m , Tuesday, June 7, 2005, and continue to 6 00 p m , Tuesday, June 21, 2005, If necessary (2) Extend expired terms of office until positions are filled, (3) Continue recruitment for candidates to the El Segundo Community Cable Advisory Committee and Capital Improvement Program Advisory Committee, for positions which terms expires In October and November, 2005 (4) Alternatively, discuss and take other action related to this item BRIEF SUMMARY Various Candidates, including Incumbents, have responded to the attached list of vacancies which has been posted since January 2005 at City Hall, the El Segundo Pubic Library, on Cable, at the Chamber of Commerce, Joslyn and Clubhouse and advertised in the El Segundo Herald and the quarterly newsletter, "Inside El Segundo " Additionally, the city has received the resignation of one of Its appointees on the Los Angeles International Airport Area Advisory Committee Applications to the various openings may be filed with the Council Office by interested candidates up until 5 00 p m of the Friday before the Tuesday Interview date ATTACHED SUPPORTING DOCUMENTS Listing of Committees, Commissions and Boards ("CCBs)- Vacancies for Year 2005, and, Background Information on CCBs and Application form FISCAL IMPACT. N/A ORIGINATED JUlla O Abreu, Executive Assistant Date May 9, 2005 REVIEWED BY- Mary Strenn, City Manager Date May !, 2005 2 CITY OF EL SEGUNDO LOCAL APPOINTMENTS LIST (COMMISSIONS, COMMITTEES, AND BOARDS) Positions to Open in Year 2005 Posted pursuant to Govt Code § 54972 TO APPLY, CONTACT CITY HALL ADMINISTRATION, #3101524 -2302 MAY RECREATION & PARKS COMMISSION: (4 Yr Term — No Term Limit - All Residents) Debbie Bundy (reapptd 511101 to 3rd 4 -yr term) 05/30/05 Richard W. Fearn (apptd 614102 to unexpired term) 05/30/05 JUNE LIBRARY BOARD OF TRUSTEES: (3Yr Term — Max 2 Term Limit - All Residents) Georgina AIN (apptd 6119102 to 18' 3 -yr term) 06/30/05 Dorothy Doukakis (apptd 6119102 to I' 3 -yr term) 06130/05 06/30/04 PLANNING COMMISSION: (4 Yr Term — No Term Limitation) (All Residents) Grant Carlson (apptd 611104 to unexpired term) 06/30/05 SENIOR CITIZEN HOUSING CORPORATION BOARD: (4 Yr Term — No Term Limit - All Residents) Edna Freeman (apptd 7117101 to 4th 4 -yr term) 06130/05 Carol Lynn Wingate (apptd 7117101 to I' 4 -yr term) 06/30/05 06/30/04 AUGUST INVESTMENT ADVISORY COMMITTEE (4 Yr Term — No Term Limitation) (Residents & Business) Bill Bus (apptd 7117101 to full 4 -yr term) 08/30/05 OCTOBER EL SEGUNDO COMMUNITY CABLE ADVISORY COMMITTEE: (4 Yr Term — No Term Limit - All Residents) Nick Gerenday (apptd 711101 to full term) 10/31/05 Joseph Pinchuk (apptd 711101 to a term) 10/31/05 NOVEMBER CAPITAL IMPROVEMENT PROGRAM ADVISORY COMMITTEE: (4 Yr Term — No Term Limit — 2 Business/3 Residents) A.J. Paz (apptd 7117101 to 3° full term) 11/30/05 The ECONOMIC DEVELOPMENT ADVISORY COUNCIL does not have term expirations, but from time to time, due to resignations of members, candidates will be asked to apply Council Approval: December 22, 2004; Posted: December 30, 2004 @ 9:30 AM. By: sJ BACKGROUND INFORMATION ON CITY COMMITTEES /COMMISSIONS /BOARDS 1. Capital Improvement Project Advisory Committee: (Public Works) is a 5- member committee, composed of 3 residents and 2 local Business representatives (no residency requirements for business reps) Members serve without compensation, for 4- year terms, without term limits The Director of Administrative Services and the Director of Public Works provide staff support to the committee The committee assists in the development of the 5 -year Capital Improvement Program ( "CIP ") Each year staff proposes CIP projects for a 5 -year period The committee reviews these projects and makes recommendations to the City Council for funding consideration in conjunction with the City's annual budget process In addition to the projects proposed by staff, the committee holds a community workshop each year to receive project requests from the general public The committee generally meets at 7:00 p.m., on a weekly basis during the months of February, March, April and May, with the goal of finalizing its recommendations to the City Council in June 2 Community Cable Advisory Committee. (Library & Cable Services) was restructured in July 1994 It is a 5- member committee, composed of residents, who serve without compensation, for 4 -year terms, without term limits The committee acts in an advisory capacity to the Community Cable Manager and the City Council regarding the policies and procedures surrounding governmental, educational, local origination, and community programming for channels 3 and 22 in the City of El Segundo The Committee meets on the 2n6 Wednesday of every month, at 7 00 p m , in the Cable Studio at El Segundo High School Effective June, 2004, this Committee will meet on the 3'd Wednesday of every month at 7:00 p.m., in the Library's Matsui International Meeting Room 3 Economic Development Advisory Council: (Economic Development) is a spin- off of the City /Chamber of Commerce Business Retention & Attraction Task Force, originally established in 1990/91 The Committee was restructured in June 1994 by the City Council to implement the City's Economic Development Strategic Plan It is a 9- member committee, whose members represent a cross - section of the community, and includes both residents and non - residents The committee positions have no term expiration, and members serve without compensation The committee's primary responsibility is to provide support and direction to staff, and to advise the City Council on business retention and attraction and implementation of the City's Economic Development Program The committee meets on an "as needed" basis at City Hall. 4 Investment Advisory Committee (Treasurer /Administrative Services) was established by Resolution #3764 dated June 2, 1992, for the purpose of advising the City Treasurer and City Council on matters pertaining to the investment of the City's idle funds This is a 4- member committee, two are automatic appointments — (City Treasurer and Director of Administrative Services), the other two members (one of whom must be a resident of El Segundo) serve without compensation, for 4 -year terms, without term limits The committee meets quarterly at City Hall on the 3rd Tuesday in March, June, September and December. JZ111 5. Library Board of Trustees: (Library & Cable Services) was established by City Council Resolution #3665 on December 4, 1990, pursuant to Education Code Section 18910 et seq The Board's 5- members must be 1 -year, or more, residents of El Segundo, who serve without compensation Trustees serve for 3 -year terms and may not serve for more than 2 consecutive terms The board acts in an advisory capacity to the City Council in all matters pertaining to the Library and cooperates with other governmental agencies and civic groups in the advancement of sound planning and programming The board considers, reviews, edits, and Issues policy recommendations on library service, recommends the adoption of standards pertaining to library services and programs and makes recommendations for the provision of adequate library services consistent with community needs The board may administer any trust declared or created for the Library and approves the Library's Annual Report to the State Librarian The board meets at 7:00 p.m , on the 2nd Tuesday of every other month, beginning in January, in the Library's Matsui International Meeting Room. 6 Planning Commission: (Planning & Building Safety) was established pursuant to the Planning Laws of the State of California (Sec 65100 - 65106) on August 20, 1946 by City Ordinance #300 The commission is comprised of 5- members who serve with minimal compensation, for 4 -year terms, without term limits The commission makes recommendations to the City Council on the adoption or amendment of the City's General Plan, performs duties with respect to land subdivision, planning and zoning as prescribed by City and State law, and, advises the City Council on those matters falling within its charged responsibilities in a manner reflecting concern for the overall development and environment of the City as a setting for human activities The Commission meets on the 2nd and 4th Thursday of each month, at 7:00 p.m., in City Hall Council Chambers. 7. Recreation & Parks Commission: (Recreation & Parks) was established on March 23, 1938 by Resolution #448 It is comprised of 5- members, who must be residents of El Segundo Commissioners serve with minimal compensation for4- yearterms, without term limits The commission advises the City Council on all matters pertaining to recreation, parks, parkways and street trees It makes recommendations to the City Council regarding level of services, policies and assists In implementing Recreation and Parks Department improvements and programs, including youth counseling, senior outreach, golf operations, city transportation, and in the acquisition and disposal of park property The commission meets on the 3rd Wednesday of each month, at 7:00 p.m., in City Hall Council Chambers. 8 Senior Citizen Housing Corporation Board: (Recreation & Parks) is a non - profit corporation formed in 1984 for the construction of the low- income housing facility for seniors, referred to as "Park Vista " The Board was established in 1986 to actively oversee the management, operation, maintenance, and finances of Park Vista The Board enters into an operating agreement with the City Council, and enlists a management company to operate the facility The Board, comprised of 7 directors, all El Segundo residents (per bylaws), serve without compensation, for 4 -year terms, without term limits The Board meets on the 4th Wednesday of every month, at 7:00 p.m., at Park Vista, 615 E. Holly Avenue, El Segundo. Refer to Park Vista Executive Summary, rev April 2001 Rev 01.14 -05 NOTE LAX Master Plan Advisory Commission (Administration) was established on May 18 1999 by Resolution #4114 for the express purpose of assisting the City Council in reviewing the LAX Master Plan and opposing the expansion of LAX The commission was disbanded during the 2004 -2005 Budget process G� i Y Off, / yeff APPLICATION (First Name) (Middle) (Last Name) Address Telephone #s Bus e -mail Name and Address of Present Occupation If you are a Resident of El Segundo, how many years Have you ever served on a City of El Segundo Committee /Commission /Board'? Yes No If YES, name the Committee /Commission /Board Term Served If you would like to be considered for more than one CCB, please rate the CCB by order of your preference, i e 1st, 2nd, 3rd, etc ) ❑ Capital Improvement Program Advisory Committee ( "CIPAC") ❑ Community Cable Advisory Committee ❑ Economic Development Advisory Council ( "EDAC -) ❑ Investment Advisory Committee ❑ Library Board of Trustees ❑ Planning Commission ❑ Recreation & Parks Commission ❑ Senior Citizen Housing Corporation Board ❑ Other Community Service Experience ORGANIZATION From (date) To (date) OFFICES HELD Education SCHOOL MAJOR GRADUATION DATE /DEGREE Additional Pertinent Courses or Traimnc Other Pertinent Skills, Experience or Interests ro .S ii City of El Segundo Application to CCBs Part II Please furnish brief, written responses to the questions below using additional sheets, if necessary 1 Why do you think you should be appointed? What is there specifically in your background training, education and interests which qualifies you as a candidate9 2 What do you see as the objectives /goals of the Committee (s) /Commission(s) /Board(s) you are applying to'? 3 How would you help achieve the objectives and goals'? 4 What reservations, if any, do you have about the Committee (s) /Commission(s) /Board(s)? 5 Other comments 6 Please provide the names, addresses, and telephone numbers of three personal references (other than family members) Name Address Phone Name Address Phone Name Address Phone Date For further information call (310) 524 -2302 You may fax your competed application to (310) 322 -7137, email it to jabreu @elsegundo org, or mail it to City Council, City of El Segundo, 350 Main Street, El Segundo, CA 90245 -3895 rr CCBS12005 041405 CCB Application rev J f w r m u w m N Q f LL O N � a W 2 O J Q J O a W O O d m d Y a W O U O F m OLL O � Z) m m� e vwia F W � LL m OFZ �6 O m H`88ne fyN 8R8;� 8v,-.P! 8 a m mrmen 8n m2e 3 O m ry c Ct �O N LL p w ¢ G $ 8 w LL z °p E S b E a Zz z¢ z w i w g -5 W ¢UZZ m 0 Z F t a m U W 3Z J LL N O LL LLrc� 00o yv�Wil�n mMWzwwLL i z gym N»w ¢ € 8 u m W F 0 h 3 N3 > Z O V 7 2 LL LL a 2 m K U c O O c LL LL o i��ru 4a3 zOZ i� 3 iwn � ZmN rcy o a v w ywx 3 m z N c4i a_ 8 o a u �a ug U a LL s m w HMO Y K Z W - z" F 9i m E 0 0 a a a m u O g mg F a t4i ° 3 rc 'u5 'u5 a a xO d2 m u E `o -2 �` a nw 2 'n n Y o i yo=u Y ¢ u - o s o �w e a w v m 0 E a a 0 m c Y� d a `o p on29 6 bn�'xw W 0 � c 3 v =<<a mm'Ep^ cYf @A� m N U a u S a �\ - w i w rc � c¢ rc L N i ¢ + O '4 x o 0 �� 3 CITY OF EL SEGUNDO PAYMENTS BY WIRE TRANSFER 4/22/2005 THROUGH 5/5/2005 Date 4/29/05 5/4/05 5/5/05 5/5/05 4/27/05 4/27/05 4/27/05 4/22 - 5/5/05 Payee Amount Siemens Credit Corp Health Comp IRS Employment Development Cal PERS Federal Reserve Federal Reserve Workers Comp Activity DATE OF RATIFICATION: 5/17/05 TOTAL PAYMENTS BY WIRE: Certified as to the accuracy of the wire transfers by 44,837 50 4,193 64 183,421 22 36,379 12 212,458 06 5000 25000 10,741.30 492,330 84 Date 5 6 vs- Date Date Description Otrly energy payment Weekly claims 4/29 Federal Taxes State Taxes PERS Retirement Employee Savings Bonds EE Employee Savings Bonds I SCRMA checks issued Information on actual expenditures is available in the City Treasurer's Office of the City of El Segundo 492,330.84 30 REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, MAY 3, 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 Boulgandes Council Member Busch Council Member Jacobson Present Absent Present Present — arrived at 5 07 p m - Present City Attorney Mark Hensley announced that Council would be meeting in closed session pursuant to items 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 sue.) for the purposes of conferring with the City's Real Property Negotiator, and /or conferring with the City Attorney on potential and /or existing litigation, and /or discussing matters covered under Government Code Section §54957 (Personnel); and /or conferring with the City's Labor Negotiators, as follows: CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Gov't Code §54956 9(a)) — 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 a!w■ MINUTES OF THE REGULAR CITY COUNCIL MEETING May 3, 2005 PAGE NO 1 �o 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 8) -0- matter SPECIAL MATTERS — None Council moved to open session at 6 55 p m MINUTES OF THE REGULAR CITY COUNCIL MEETING May 3, 2005 PAGE NO 2 41 REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, MAY 3, 2005 - 7 00 P M 7 00 P M SESSION CALL TO ORDER — Mayor McDowell at 7 00 p m INVOCATION — Dr SeHee Han of United Methodist Church of El Segundo PLEDGE OF ALLEGIANCE — Council Member Carl Jacobson PRESENTATIONS — (a) Mayor McDowell presented a Commendation to Nancy Wernick for her service on the LAX Area Advisory Committee. (b) Council Member Jacobson presented 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 (c) Council Member Boulgandes presented a 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 (d) Council Member Busch presented a Proclamation in recognition of all our volunteers and proclaiming the month of May, 2005 as Volunteer Recognition Month. (e) Council Member Jacobson presented a Proclamation declaring Saturday, June 4, 2005, from 8 00 a m to 3 00 p m , as Super CPR Saturday, and encourage participation in CPR training (f) Mayor McDowell presented Certificates of Recognition to participants of the Baker to Vegas Run held April 23 -24, 2005 ROLL CALL Mayor McDowell - Present Mayor Pro Tern Gaines - Absent Council Member Boulgandes - Present Council Member Busch - Present Council Member Jacobson - Present MINUTES OF THE REGULAR CITY COUNCIL MEETING May 3, 2005 PAGE NO 3 `Y PUBLIC COMMUNICATIONS — (Related to City Business Only — 5 minute limit per person, 30 minute limit total) Individuals who have received value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so identify themselves prior to addressing the City Council Failure to do so shall be a misdemeanor and punishable by a fine of $250 While all comments are welcome, the Brown Act does not allow Council to take action on any item not on the agenda. The Council will respond to comments after Public Communications is closed Liz Garnholz, resident, spoke regarding the unfinished business Item on the development standards for single family (R -1) residential zones and Consent Agenda Item number six regarding the tree maintenance service contract A PROCEDURAL MOTIONS Consideration of a motion to read all ordinances and resolutions on the Agenda by title only MOVED by Council Member Boulgarides, SECONDED by Council Member Jacobson to read all ordinances and resolutions on the Agenda by title only MOTION PASSED BY UNANIMOUS VOICE VOTE 410 MAYOR PRO TEM GAINES ABSENT B SPECIAL ORDERS OF BUSINESS 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. Council consensus to approve the formation of an ad -hoc subcommittee to review development standards regarding the R -1 zone and appoint Council Members Boulgarides and Jacobson to the subcommittee. MOTION PASSED BY UNANIMOUS VOICE VOTE 410 MAYOR PRO TEM GAINES ABSENT D REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS MINUTES OF THE REGULAR CITY COUNCIL MEETING May 3, 2005 PAGE NO 4 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 Approved Warrant Numbers 2546927 to 2547128 on Register No 14 in the total amount of $804,874 66 and Wire Transfers from 4/8/2005 through 4/21/2005 in the total amount of $1,431,591 83 and 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 3 Approved City Council Meeting Minutes of April 19, 2005. 4 Approved the examination plans for the Personnel Merit System job classifications of Police Assistant 1 /II and Engineering Technician 5 Approved Employment Agreement No 3474 with Jeff Stewart for the position of City Manager effective July 1, 2005 6 PULLED FOR DISCUSSION BY COUNCIL MEMBER BUSCH 7 Approved request for the El Segundo Police Department to apply for and utilize funds provided by the California Office of Traffic Safety CSBCC a "California Seat Belt Compliance Campaign" grant to include one -time funding in the amount of $14,947 8 Pursuant to El Segundo Municipal Code Sec 1 -7 -10, waived 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, Authorized the purchase through a sole source vendor of one dual -head Mobile Digital Computer for the Incident Command Vehicle - $9,000, Authorized 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, and authorized 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. 9 Accepted 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 Authorized the City Manager to transfer the monies into the CPR General Fund account 10. PULLED FOR DISCUSSION BY COUNCIL MEMBER BUSCH MINUTES OF THE REGULAR CITY COUNCIL MEETING May 3, 2005 PAGE NO 5 4 � 11 Approved Change Order No 1 for $5,000 and accepted the work as complete for 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) Authorized the City Clerk to file the City Engineer's Notice of Completion in the County Recorder's Office 12 Approved the Memorandum of Understanding No 3475 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) Authorized the City Manager to execute the MOU, approved as to form by the City Attorney MOVED by Council Member Busch, SECONDED Council Member Boulgandes to approve Consent Agenda Item 2, 3, 4, 5, 7, 8, 9, 11 and 12 MOTION PASSED BY UNANIMOUS VOICE VOTE 4/0 MAYOR PRO TEM GAINES ABSENT COUNCIL MEMBER BUSCH NOT PARTICIPATING IN CONSENT ITEM 11 DUE TO THE LOCATION OF HIS RESIDENCE CALL ITEMS FROM CONSENT AGENDA 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). MOVED by Council Member Jacobson, SECONDED by Council Member Busch to approve a five - year contract to Great Scott Tree Service, Inc for providing tree maintenance service (Fiscal Impact $55,000) Authorized the City Manager to execute Agreement No 3476 for services subject to approval by the City Attorney MOTION PASSED BY UNANIMOUS VOICE VOTE 4/0 MAYOR PRO TEM GAINES ABSENT 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 EI Segundo Boulevard (Arena Pump Station) and 223 Center Street (EI 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) MOVED by Council Member Busch, SECONDED by Council Member Jacobson to adopt Resolution No 4422 authorizing the County of Los Angeles Flood Control District to implement pollution reduction measures at its facilities at 199 EI Segundo Boulevard (Arena Pump Station) and 223 Center Street (EI 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) MOTION PASSED BY UNANIMOUS VOICE VOTE 4/0 MAYOR PRO TEM GAINES ABSENT F NEW BUSINESS G. REPORTS — CITY MANAGER — Announced the Capitol Improvement Committee meeting May 11, 2005, 7.00 P.M In City Hall MINUTES OF THE REGULAR CITY COUNCIL MEETING May 3, 2005 PAGE NO 6 4 J H REPORTS — CITY ATTORNEY — NONE REPORTS —CITY CLERK — NONE J REPORTS — CITY TREASURER — NONE K REPORTS — CITY COUNCIL MEMBERS Council Member Boulgandes — 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 Council consensus to receive and file Council Member Busch — Commented on the State of the City address by the Mayor at the Double Tree Hotel, tomorrow, May 4, 2005. He also commented on the Base Relocation Committee and the efforts to retain the Air Force Base Council Member Jacobson — Reminded everyone to attend Super CPR Saturday and to call the El Segundo Fire Station to sign up 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 Council directed 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 Announced May 16, 2005, at the George E Gordon Clubhouse a community meeting will be held for discussion on the planning of Smokey Hollow 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 William Yarrell, resident and Dot Kids representative, explained the purpose of the organization and how it operates MINUTES OF THE REGULAR CITY COUNCIL MEETING May 3, 2005 PAGE N04 George Hoops, resident, spoke regarding his sewer tax Liz Garnholz, resident, commented on clean beaches, and dogs using the beaches She also commented on her water bill and building Inspections MEMORIALS — Deane Dana, former Fourth District County Supervisor CLOSED SESSION - NONE ADJOURNMENT at 8 10 p m Cindy Mortesen, City Clerk MINUTES OF THE REGULAR CITY COUNCIL MEETING May 3, 2005 PAGE NO 8 41 EL SEGUNDO CITY COUNCIL MEETING DATE. May 17, 2005 AGENDA ITEM STATEMENT AGENDA HEADING Consent Agenda AGENDA DESCRIPTION Consideration and possible action to approve an Amendment to the Settlement Agreement between City of El Segundo and Metalore, Inc regarding the temporary relocation of business operations during the Douglas Street Gap Closure Project No PW 05 -06 (Fiscal Impact None) RECOMMENDED COUNCIL ACTION: Recommendation — (1) Approve Amendment, (2) Authorize the City Manager to execute the amendment on behalf of the City, (3) Alternatively, discuss and take other action related to this item BACKGROUND & DISCUSSION. On April 6, 2004 the City Council approved an agreement with Metalore, Inc, 750 South Douglas Street for acquisition of real property for the Douglas Street Gap Closure Project (Background and discussion continued on the next page ATTACHED SUPPORTING DOCUMENTS: 1 Amendment 2 Original Settlement Agreement 3 Area Map FISCAL IMPACT NONE Operating Budget: Capital Improvement Program Amount Requested, Account Number. Project Phase. Appropriation Required- ORIGINATED BY DATE- St ve Into , City Engineer REVIEWED BY* DATE. Mary ana rY Y 9 er Draft 050517 Douglas Gap- Metlore amendment 3 BACKGROUND & DISCUSSION: (continued) In addition to acquisition of a portion of Metalore property, this agreement provided for the City to reimburse Metalore for relocation of part of its operations from 750 South Douglas Street to 120 Penn Street, El Segundo, for the duration of the construction of the City's project The budding at 120 Penn Street is owned by Metalore and leased to a tenant Under the current agreement, the tenant would be required to vacate the 120 Penn Street facility to accommodate the relocation of Metalore's Douglas Street operation Metalore prefers to leave the 120 Penn Street tenant to place and locate its Douglas Street operations elsewhere The proposed amendment requested by Metalore will enable Metalore to relocate its operations to any site of its choice, rather than only to 120 Penn Street The amendment will not result in any changes to the compensation agreed to by the City in the original settlement agreement Additionally, staff has determined that the proposed amendment would have no impact on tax revenues Therefore, staff recommends approving the proposed amendment The City Attorney has approved the amendment as to form 4 q Draft 050517 Douglas Gap- Metlore amendment 3 1'- Apr -05 11,34am From- CAMERMPEARLSON +5624371783 T -346 P 03/04 F -650 EXHIBIT # 1 AMENDMENT TO SETTLEMENT AGREEMENT BETWEEN CITY OF EL SEGUNDO AND METALORE, INC This Amendment to Settlement Agreement Between City of El Segundo and Metalore, Inc ( 'Amendment ") is dated 2005, by and between the City of El Segundo ( "City ") and Metalore, Inc ( "Metalore ") with reference to the following facts RECITALS A On or about August 20, 2004, City and Metalore entered into that certain agreement titled "Settlement Agreement Between City of El Segundo and Metalore, Inc ( "Agreement ") relating to the construction project commonly known as the "Douglas Street Gap Closure /Railroad Grade Separation and Intermodal Facility, Pr4ject ,'#RPSTPL5238(008) " follows B. City and Metalore desire to amend the Agreement as set forth below AGREEMENT THE CITY AND METALORE AGREE AS FOLLOWS Paragraph B 1. of the Agreement is hereby amended in its entirety to read as "1 The parties agree that during the period of construction estimated to be two (2) years, Metalore shall tease a temporary facility at a location to be determined in its sole discretion. The parties further agree that the City shall prey Metalore as rent for the temporary facility Four Thousand, Eight Hundred Sixteen Dollars and Forty -Seven Cents ($4,816.47) per month Compensation shall be paid to Metalore by City on a monthly basis on the first day of each month in the amount of Fourteen Thousand, One Hundred Thirty -Two Dollars ($14,132 00) ( "Temporary Lease Payments ") during the term of the temporary lease Temporary Lease Payments shall include the following categories of expenses Rent Insurance Cleaning and Maintenance Utilities Second Manager Receptionist Medical and Workers Comp Air Temperature Control" �J 11- Apr -05 11 34am From- CAMERON,PEARLSON +5624371763 T -346 P 04/04 P -850 2 Capitalized terms used herein shall have the same meaning as used to the Lease, unless a different definition is provided in this Amendment Except as provided in this Amendment, the Agreement shall remain untrodlfed 3 This Amendment may be executed in counterparts provided that each signatory hereto executes at least one such counterpart Each such counierpart shall constitute one original but all such counterparts taken together shall constitute one and the same instrument Dated 2005 CITY OF EL SEGUNDO Dated 2005 METALORE, INC APPROVED AS TO FORM: BURKE, WILLIAMS & SORENSEN, LLP BRUCE f-,CjR1DrEX_ _ By Bruce . Gridley Attorney for City of El CAMERON, PEARLSON & FOSTER TIMOTHY C CAMERON By Timothy C Cameron Attorney for Metalore, Inc By Kenneth E Hill, President 2 EXHIBIT # 2 SETTLEMENT AGREEMENT BETWEEN CITY OF EL SEGUNDO AND METALORE, INC. This Settlement Agreement ( "Agreement') is dated J�e, 2004 is between the City of El Segundo and Metalore, Inc. and relates to the construction project commonly known as the Douglas Street Gap Closure /Railroad Grade Separation and Intermodal Facility, Project #RPSTPL5235(008) (hereinafter "Project). The Parties understand that during the course of construction at the Project, there will be an impact on the business operations of Metalore, Inc for which Metalore, Inc. may claim damage To minimize the impact of the Project, portions of the business operations of Metalore, Inc. will be moved to a temporary location site. The purpose of this Agreement is to settle, without litigation, all claims for damages which are known and unknown relating to the Project. AGREEMENT The City of El Segundo and Metalore, Inc. agree as follows: A. Move To Temporary Facility 1 The parties agree that with regard to certain categories of expenses for the move for which compensation will be provided, Metalore, Inc will receive, at the time identified in paragraph 2, sums for which reasonable documentation of expenses will be required. The Parties also agree that Metalore, Inc will receive, in advance of the move, compensation for certain categories of moving expenses identified in paragraph 4 for which no documentation will be required As compensation for the move to a temporary facility, City of El Segundo agrees to pay Metalore, Inc the sum of One Hundred Forty Three 1 LA x4814 -6 -435 -7312 v2 Ji Thousand — Forty Five Dollars ($143,045 00) for the following expenses for which reasonable documentation is required- Tenant Improvement Move Machinery Electrical Pneumatic and Hydraulic Plumbing Software, Computer and Programming Equipment Inspection Equipment Air Compressors Time Clock Phones /Electrical Copier Facsimile Machine 2. Metalore, Inc. shall receive said consideration for the move to a temporary facility concurrently with City of El Segundo giving in writing to Metalore, Inc, a Notice of Intent to Begin Construction. ( "Notice ") The Notice shall be given to Metalore, Inc. no later than one hundred Eighty (180) days prior to the beginning of the construction of the Project Metalore, Inc shall submit reasonable documentation of the expenses incurred in the aforementioned categories within sixty (60) days of the completion of the move to its temporary location In the event that the expenses incurred do not equal at least One Hundred Forty Three Thousand — Forty Five Dollars ($143,045 00), Metalore, Inc shall reimburse the City of El Segundo at the time its documentation of expenses is presented to City of El Segundo for the difference between the documented expenses and One Hundred Forty Three Thousand — 2 LA #4814-6535-7312 v2 J ti Forty Five Dollars ($143,045 00) In the event that the documented expenses exceed One Hundred Forty Three Thousand — Forty Five Dollars ($143,045 00), Metalore, Inc waives any claim for excess expenses Documentation of expenses shall be presented as follows Department of Public Works City of El Segundo 350 Main Street EI Segundo, CA 90245 3 The City of El Segundo retains the right to reasonably disapprove of any and /or all of the claims for documented expenses related to the move to temporary location as being unreasonable. If a claim is disapproved, the City shall provide to Metalore, Inc , in writing its reason for denial. Metalore, Inc may challenge the denial in a binding arbitration before JAMS, Inc, or any other mutually agreed to dispute resolution facility. The costs of the JAMS, Inc. proceedings, exclusive of attorney's fees, shall be borne equally by the parties to this Agreement and each side shall bear its own attorney's fees. 4 As an additional compensable moving expense, the parties agree that Metalore, Inc shall receive at the same time the City of El Segundo gives the Notice, an additional Ten Thousand Dollars ($10,00000) for equipment down time without any documentation requirement for a total move to facility consideration of one Hundred Fifty Three Thousand Forty Five Dollars ($153,045.00) 3 LA 44814- 6535 -7312 v2 Jo B. TWO -YEAR TEMPORARY LEASE EXPENSES 1 The parties agree that, during the period of construction estimated to be two years, Metalore, Inc , shall lease a temporary facility at 120 Penn Street, El Segundo, California (Assessor Identification #4135- 019 -0009) The reasonable rental value of the property is Four Thousand Eight Hundred Sixteen Dollars and Forty Seven Cents ($4,816 47) per month Compensation shall be paid to Metalore, Inc by City of El Segundo on a monthly basis on the first day of each month in the amount of Fourteen Thousand One Hundred Thirty Two Dollars ($14,132 00) ('Temporary Lease Payments ") during the term of the temporary lease. Temporary Payments shall include the following categories of expenses- Rent Insurance Cleaning and maintenance Utilities Second Manager Receptionist Medical and Workers Comp Air Temperature Control 2 It is recognized that the aforementioned construction period is an estimate, based on the reasonable expectation of the City of El Segundo and that the period of construction may exceed or be less than the estimated two years Metalore, Inc shall be given thirty (30) days written notice prior to completion of 4 U r4491s -6535 -7312 v2 J construction and City of El Segundo's obligation to pay the Temporary Payments shall terminate at the conclusion of that thirty (30) days irrespective of whether Metalore, Inc has completed its move back to its facilities at 750 South Douglas Street In the event that the construction takes longer than two years, the City of El Segundo shall continue to pay the Temporary Payments to Metalore, Inc for thirty (30) days after its written Notice of Completion at the rate of Fourteen Thousand One Hundred Thirty Two Dollars ($14,132 00) per month C. METALORE, INC.'S MOVE BACK TO SOUTH DOUGLAS STREET City Of El Segundo shall pay Metalore, Inc. the sum of Five Thousand Dollars for the move back from the temporary location to the permanent location of Metalore, Inc. The parties agree that the move back expense shall be paid on the date Metalore, Inc. is given the thirty (30) day Notice of Completion. The move back expenses are as follows and shall not require documentation. Move Machinery back Down time Sale of Duplicated Assets to Metalore, Inc. D. PAYMENT SCHEDULE The Notice of Intent to Begin Construction paragraph A 2 above shall state the City's intention to commence construction and the commencement of construction date Concurrently with the giving of the Notice, City of El Segundo shall pay to Metalore, Inc. the sum of One Hundred Fifty Three Thousand Forty Five Dollars ($153,045 00) for the move to temporary facility expense Concurrent with other payments, referenced in paragraph A.2 above the City of El Segundo shall pay the sum of Fourteen Thousand One Hundred Thirty Two Dollars ($14,132 00) as last month rent deposit for the two year temporary lease Temporary Payments shall commence on the first day of the 5 LA X4814- 6535 -7312 v2 55 Temporary Lease Term The first payment shall be Fourteen Thousand One Hundred Thirty Two Dollars ($14,132 00) and each Temporary Payment thereafter shall be $14,13200 The move back portion of the consideration in the sum of Five Thousand Dollars ($5,000 00) shall be paid at the time of City of El Segundo's Notice of Completion. E. WAIVER Metalore, Inc., by execution of this Settlement Agreement, shall be deemed, for all purposes, to have waived any 1 right to seek any compensation for the benefits prescribed in 49 C F R § 24 203, Relocation Assistance Advisory Services as prescribed in 49 C F R. § 24.205, 2 right to seek any compensation for the acquisition of the portion of its leasehold at 750 South Douglas relocated pursuant to this Agreement in any amount greater than the settlement, 3. right to claim interest on the settlement amount; 4 right to claim attorney fees, expert fees or any expenses in connection with the negotiation and execution of this Agreement; 5. right to claim bonus value to its leasehold interest; 6 right to claim severance damages caused by the partial relocation of its leasehold pursuant to this Agreement, and 7 right to claim pre - condemnation damages Metalore, Inc warrants to City of EI Segundo that the person(s) whose signature(s) appears below has the legal authonty to bind Metalore, Inc to this Agreement City of El Segundo and the person executing this Agreement on behalf of 6 r LA :4814- 6535 -7312 v2 J ( 3 the City of El Segundo represents and warrants to Metalore, Inc that the person executing this Agreement on behalf of the City of El Segundo has full power and authority to bind the City of El Segundo to the Agreement. Each party hereto waives a Statement of Decision, Notice of Entry of Judgment, costs and expenses for condemnation claims, including attorneys, appraisers, engineering, pre - condemnation claims, moving or relocation assistance and all other fees of any nature, and the right to pursue administrative or litigation remedies as to the subject matter of this Agreement. F. MISCELLANEOUS 1 In the event City of El Segundo has not given the Notice to Metalore, Inc on or before December 1, 2005, this Agreement shall terminate and be of no further force of effect. 2 Any notice or other communication to be given between the parties hereto shall be in writing and delivered by a recognized overnight courier or Certfed Mad - Return Receipt Request. Any notice or other communication delivered by overnight courier shall be deemed given one day after posting Any notice or other communication given by Certified Mail- Return Receipt Requested shall be deemed given upon receipt. Notices and other communications to City of El Segundo shall be addressed as set forth in Paragraph A 2., above Notices and other communications to Metalore, Inc shall be addressed as follows Kenneth E Hill Metalore, Inc 750 South Douglas Street EI Segundo, CA 90245 7 J LA 44914-6535-1312 v2 1 With a copy to Timothy C Cameron, Esq CAMERON, PEARLSON & FOSTER One World Trade Center Suite 1600 Long Beach, CA 90831 3 In the event of any litigation between the parties regarding this Agreement, other than valuation disputes referenced in paragraph A 3 above, the prevailing parry shall be entitled to the payment by the losing party of its reasonable attorneys' fees, court costs and litigation expenses, at trial and upon any appeal, as determined by the Court. 4. Each party will, whenever and as often as it shall be requested to do so by the other party, execute, acknowledge and deliver, or cause to be executed, acknowledged and delivered any and all further conveyances, assignments, approvals, consents and any and all such other documents and do any and all other acts as may be necessary to carry out the intent and purpose of this Agreement 5. This Agreement represents the entire understanding of the parties hereto with respect to the subject matter hereof and supersedes any pnor understandings between the parties whether oral or written. Any amendments to this Agreement shall be in wntmg and shall be signed by both parties hereto. 6 A waiver by either party hereto of a breach of any of the covenants or agreements hereof to be performed by the other party shall not be construed as a waiver of any succeeding breach of the same or other covenants, agreements, restrictions or conditions hereof 7 This Agreement shall be binding upon and inure to the benefit of the heirs, representatives, successors and assigns of the parties hereto � LA :4814- 6535 -'7312 v2 k v This Settlement Agreement may be executed in counterparts CITY OF EL SEGUNDO DATED J�r(y —,, 2004 By KELLVY MCDIOWELC�fAAYOR METALORE, INC DATED, July_, 2004 By: KENNETH E. HILL, President APPROVED AS TO FORM: BURKq�IP�iZ� SORENSEN, LLP BRUC C 1 E By BRUCE C. GR Attorney for CITY OF CAMERON PEARLSON & FOSTER TIMOTHY C CAMERON E TIMOTHY C CAMERON Attorney for METALORE, INC 0 LA n4814- 6535 -7312 v2 a:l This Settlement Agreement may be executed in counterparts CITY OF EL SEGUNDO DATED July_, 2004 By: KELLEY MCDOWELL, MAYOR MET DATED- July -X1 2004 APPROVED AS TO FORM: JIM Attorney for CITE' OF EL S CAMERON PEARLSON & FOSTER TIMOTHY C CAMERON � CBy TIMOTHY C. AMERON Attorney for META RE, INC INC LL, President 9 LA 44814-6535-7312 v2 60 = # 3 l CITY MAP -70 dty.f EIuxry . S313ONV SO'I d0.LLNl100 qaq 3N21OH -LWH d0.LL10 J I/ .II a4''`_' 16—T El LU LHEE RED O Y♦ O 3 f' � o ,ti Ta01 u z� 3 Ut EL SEGUNDO CITY COUNCIL MEETING DATE: May 17, 2005 AGENDA ITEM STATEMENT AGENDAHEADING. Consent Agenda AGENDA DESCRIPTION Consideration and possible action regarding a request by West Basin Municipal Water District for permission to install 34 Inch by 60 inch banners on street light poles on Hughes Way, east of Sepulveda Boulevard, to celebrate the 10th anniversary of the West Basin Water Recycling Plant (Fiscal Impact None) RECOMMENDED COUNCIL ACTION Recommendation — (1) Approve request by West Basin Municipal Water District to install banners on street light poles contingent on approval by Southern California Edison Company (SCE) for use of the street light poles, (2) Alternatively, discuss and take other action related to this item BACKGROUND & DISCUSSION. The West Basin Municipal Water District (WBMWD) has requested permission to install banners on street light poles owned by Southern California Edison Company to publicize the 10th Anniversary of the West Basin Water Recycling Plant (WBWRP) in El Segundo (Background and discussion continued on the next page ATTACHED SUPPORTING DOCUMENTS 1 Proposed banner design 2 West Basin press release celebrating the 10th Anniversary 3 6th Annual Water Harvest press release by West Basin Municipal Water District FISCAL IMPACT None Operating Budget: Capital Improvement Program. Amount Requested Account Number Project Phase Appropriation Required ORIGINATED BY _,-7 DATE- t e Iy Engin eer REVIEWED BY DATE: f / Mary nn, City Manager �JOf Draft 05 -17 -05 West Basin banner 61--) BACKGROUND & DISCUSSION: (continued) The Tx F banners would be Installed by WBMWD and would remain In place from May 23, 2005 to August 22, 2005, in the vicinity of WBWRP Staff recommends approval of the request contingent on approval by Southern California Edison Company to use their street light poles 6' J Final 05 -17 -05 West Basin banner 6011 West Basin Water Recycling Facility Y E A R Celebrating a Decade of Excellence ATTACHMENT 1. 13m Scrfn Virgrl Banner Stock /Printed 2r Sewn Togo Mer 6 41 ATTACHMENT 2. Celebrating a Decade of Excellence It's time to light the candles and cut the cake West Basin Municipal Water District is celebrating the 10`h anniversary of its West Basin Water Recycling Plant ( WBWRP) in El Segundo What began as the vision of finding innovative solutions for conservation has resulted in a successful water recycling program that conserves billions of gallons of water each year in the South Bay area To support this program, West Basin built the largest plant of its type in the nation, which is being recognized for a decade of excellence In 1990, Southern California was nearing the end of a severe drought Something had to be done to conserve the dwindling water supply available to the region. West Basin proposed a water recycling project to ensure a reliable supply that would help drought -proof the region In 1991, West Basin found funding for its project, and construction began in 1993 Since its completion in 1995, the WBWRP has become an integral part of the region's water supply, providing 8 billion gallons of water annually for commercial, industrial and landscape - irrigation uses in the South Bay It also provides water for the seawater barrier that protects the groundwater supply from seawater intrusion After a decade, the anniversary provides the opportunity to celebrate the accomplishments and the challenges of exceeding those achievements in the future If history is any indication, the next 10 years should be even more exciting than the last 6 ;, ATTACHMENT 3. West Basin Municipal Water District 17140 S Avalon Blvd • Suite 210 • Carson, CA 90746 -1296 telephone 310- 217 -2411 • fax 310 -217 -2414 For Immediate Release Contact Nikki Montellano May 4, 2005 (310) 660 -6252 6'h Annual Water Harvest Proves There's No Tricks to Its Treats West Basin MWD's Free Family Event Attended by Thousands El Segundo, CA —West Basin Municipal Water District's 61h Annual Water Harvest offered treats for children of all ages as more than 3,000 people enjoyed free games, crafts, prizes and food On October 30`h at the West Basin Water Recycling Facility in El Segundo, families had a chance to learn about water education while participating in fun and educational activities A costume contest, pumpkin pie eating contest and a pumpkin seed spitting contest kept children amused, while a water - related trivia challenged them to become Honorary Planet Protectors "Water Harvest has proven to be a tradition with many families," said West Basin Board President Carol W Kwan "People enjoy attending this free event that teaches kids about water in a fun and entertaining way " In the biggest giveaway of the day, Soheir Mikhael from Redondo Beach won a high- efficiency washer and dryer, which uses 50% less energy and 50% less water Also raffled off were a dual -flush toilet and an ultra -low -flush toilet, two great water - saving devices for homes More than 20 booths sponsored by community and environmental groups including Santa Monica Baykeeper, Heal the Bay, the City of El Segundo, and the El Segundo Fire Department 66 Page 1 of 2 participated with additional games and information, helping to make this year's Water Harvest the best yet West Basin Municipal Water District's 6`h Annual Water Harvest attracted more than 3, 000 guests to the West Basin Water Recycling Facility in El Segundo (This photo is available in electronic format upon request ) West Basin is a public agency that wholesales imported water to cities, mutual water companies, investor -owned utilities and private companies in the South Bay and unincorporated areas of Los Angeles County, serving a population of more than 851, 000 In addition, West Basin provides the region with recycled water for municipal, commercial and industrial uses Formed in 1947, West Basin is committed to ensuring a safe and reliable water supply for the region Page 2 of 2 V % EL SEGUNDO CITY COUNCIL AGENDA ITEM STATEMENT DESCRIPTION: MEETING DATE- May 17, 2005 AGENDA HEADING- Consent Ager Consideration and possible action regarding the authorization of a license agreement to ensure that the building located at 422 Main Street removes and replaces the proposed windows on the south facing wall with a fire - resistive wall if the City were to sell or develop the public parking lot located adjacent to and directly south of the building (Fiscal Impact None) RECOMMENDED COUNCIL ACTION. 1) Approve License Agreement as to form approved by the City Attorney, and /or 2) Alternatively, discuss and take other action related to this item. BACKGROUND & DISCUSSION. An addition and remodel of an existing building is proposed for a new restaurant to be located at 422 Main Street Part of the project is to install new windows on the south facing wall of the building Typically under the building code, openings (windows or doors) would not be allowed within five (5) feet of the property line for a restaurant use because of the close proximity of the adjacent building Windows would allow a fire from the building to easily spread to the adjacent budding The property directly to the south of 422 Main Street is owned by the city and used as a public parking lot The closest building located to the south of 422 Main Street is 50' away separated by the City's parking lot The potential for afire to spread between the two buildings is low due to their distance away from each other (Continued on next page .) ATTACHED SUPPORTING DOCUMENTS Site plan and elevation view FISCAL IMPACT None. Operating Budget: Amount Requested: Account Number. Project Phase- Appropriation Required. ORIGINATED BY DATE- May 10, 2005 Seimone Jurli irector of Plannina and DATE- Mary Strenn, City Manager h 7 BACKGROUND & DISCUSSION (cont): The purpose of the license agreement Is to ensure that if the City were to ever sell or develop the parking lot adjacent to 422 Main Street that the owner of 422 Main Street would be required to remove and replace the windows with a fire - resistive wall as required by the adopted building code P \Planning & Building Safety\SjupiMStaff Reports Part 2\License Agreement 432 Main \05 -17 -05 License Agreement for window openings 422 Main Street doc 6 i' tiA Q D� z Nd m r rn r- rn� z d 0 D oN Y �z b z 1 n D -n m MAIN STREET f- n D z - - �-- m�4 Q %g i ry N m � JI rr z A m 0 J ,a fl�fl TOT 3 rU III a� II Ile j� II II II f- J rn r � r J O 71 EL SEGUNDO CITY COUNCIL MEETING DATE. May 17, 2005 AGENDA ITEM STATEMENT AGENDAHEADING Consent Agenda AGENDA DESCRIPTION Consideration and possible action to waive the formal bidding process and increase the existing purchase order with W W Grainger, Inc to $25,000 for the purchase of materials and equipment needed for routine, unscheduled maintenance and repair of City facilities, such as window glass, plumbing supplies, electrical materials and paint The purchase order piggybacks the State of California, Western States Contracting Alliance Master Agreement #6416 (Fiscal Impact None) RECOMMENDED COUNCIL ACTION: Recommendation — (1) Authorize the issuance of a change orderfor an increase to the annual purchase order to W W Grainger, Inc for industrial supplies, materials and equipment in an amount not to exceed $25,000 00, and /or (2) Alternatively discuss and take other action related to this item BACKGROUND & DISCUSSION- Each year, the Government Buildings Division budgets approximately $167,000 00 for repair and maintenance of City facilities This includes but is not limited to scheduled non capital improvements, emergency repairs such as broken windows and plumbing repairs, and materials and supplies for HVAC, electrical, plumbing, and painting maintenance protects Numerous vendors are utilized for theses purchases The beginning of each Fiscal Year, staff evaluates vendors based on pricing and availability and generates purchase orderfor supplies, materials and equipment (Please see attached page marked 'Background and Discussion ") ATTACHED SUPPORTING DOCUMENTS- 1 California Participating Addendum, Amendment #1 - Western States Contracting Alliance FISCAL IMPACT: None Operating Budget: Amount Requested: Account Number: Project Phase. Appropriation Required Assistant $167,41500 No additional funding requested 001 -400- 2601 -6215 N/A No Ma DATE- May 9, 2005 REVIEWED BY- nATF 7 2 W BACKGROUND & DISCUSSION- (continued) Currently, the City has a purchase order with W W Grainger, Inc for $9,999 00 This purchase order piggybacks the State of California, Western States Contracting Alliance (WSCA) Master Price Agreement #6416 The Agreement consists of percentage discounts and competitive pricing on general catalog and On -line products utilized by staff in repairing and maintaining existing facilities Several unscheduled projects such as the George E Gordon Community Clubhouse refurbishment and Recreation Park field lighting require unanticipated purchases this year As a result, funds allocated to the W W Grainger, Inc purchase order have already been exhausted Staff can purchase industrial supplies, materials and equipment from other vendors, but inmost cases the pricing will be substantially higher In order to continue taking full advantage of W W Grainger, Inc 's discounted pricing through the end of this Fiscal Year, staff is seeking approval from Council to raise the spending limit for this particular vendor from $9,999 00 to $25,000 00 Such action would not increase the budgeted amount for repair of City facilities, but merely allow staff to continue purchasing materials from W W Grainger, Inc Pursuant to El Segundo Municipal Code (ESMC) § 1 -7 -10, relating to purchases and supplies, the City Council may at any time, by a majority vote and without amending the ESMC, waive purchasing procedures or alter proceedings to fit a specific purchase, when the waiver is not in violation of State law Staff recommends increasing the current W W Grainger, Inc purchase order to $25,000 00 for the purchase of industrial supplies, materials and equipment J CALIFORNIA PARTICIPATING ADDENDUM AMENDMENT #1 WESTERN STATES CONTRACTING ALLIANCE INDUSTRIAL SUPPLIES AND EQUIPMENT W.W. GRAINGER, INC. GRAINGER INDUSTRIAL SUPPLY DIVISION MASTER PRICE AGREEMENT 6416 1. Scope is modified as follows: This Participating Addendum covers purchases of Industrial Supplies and Equipment, Janitorbd Supplies and Equipment, Light Fixtures, Lighting, Safety and Security Supplies. All eligible purchasers within this government or education entity empowered to expend public funds are authorized to purchase products under the terms and conditions of this Price Agreement. 2. Changes to the terms and conditions of the signed Master Price Agreement are as follows: A. Change Grainger Industrial Supply to W. W. Grainger, Inc., Grainger Industrial Supply Division. 13 Paragraph 7 is modified as follows: The addendum is effective August 18, 2003 through November 30, 2005. C. Paragraph 2, (a). Exhibit I, California General Provision. The following changes/addidens have been incorporated to the California General Provision, revised Exhibit I dated October 28, 2004 attached: 1.) California General Provision No. 14, Forced, Convict and Indentured Labor has been renamed to read Sweatfree Code of Conduct and has been revised. 2.) The following four provisions have been added to the California General Provisions: 19. Electronic Waste Recycling Act of 2003 20. Use Tax Collection 21. Expatriate Corporations 22. Domestic Partners D. Paragraph 8 is added as follows: The State may terminate this contract at any time upon one- month prior written notice. Upon termination or other expiration of this contract, each party will assist the other party in orderly termination of the contract and the transfer of all assets, tangible and intangible, as may facilitate the orderly, nondisrnpted business continuation of each party. This provision shall not relieve the contractor of the obligation to perform under any purchase order or other similar ordering document executed prior to the termination becoming effective. E. Paragraph 9 is added as follows: At the State's sole option, the Department of General Services, (DGS) reserves the right to invoke negotiations pursuant to Public Contract Code Section 6611. '14 CALIFORNIA PARTICIPATING ADDENDUM AMENDMENT #1 WESTERN STATES CONTRACTING ALLIANCE INDUSTRIAL SUPPLIES AND EQUIPMENT W.W. GRAINGER, INC. GRAUVGER INDUSTRIAL SUPPLY DIVISION MASTER PRICE AGREEMENT 6416 F Paragraph 3 is modified as follows: Primary Contact. The primary state government contact for this participating addendum is as follows: Hiroko Karosawn Multiple Award Program 707 and Street, 224 Floor West Sacramento, CA 95605 (916) 375 -4382 (voice) (916) 3754663 (fax) hiroko.karosawa@dgs.ca.gov IN WITNESS WIIEREOF, the parties have exe by both parties below. umft State of California: U / /2k *= j1 / By: ) tlillif �C1 Name: Rita Haosfiton cited this Addendum as of the date of execution W. W. Grainger, Inc. Grainger doshia Supply Ds r By: Name: Do D'Alesslo Title: Dep Di ctor Title: Senior Government Sales Manager Date: I / 30 o- T Date: //—" /v & CALIFORNIA PARTICIPATING ADDENDUM WESTERN STATES CONTRACTING ALLIANCE INDUSTRIAL SUPPLIES AND EQUIPMENT GRAINGER INDUSTRIAL SUPPLY MASTER PRICE AGREEMENT 6416 1. Scope: This Participating Addendum covers purchases of Industrial Supplies and Equipment, Janitorial Supplies and Equipment, Light Fixtures, Lighting, Safety and Security Supplies All eligible purchasers within this government or education entity empowered to expend public funds (State of California, including its authorized employees and representatives) are authorized to purchase products under the terms and conditions of this Price Agreement. 2 Changes Changes to the terms and conditions of the signed Master Price Agreement are as follows a The attached Exhibit I with paragraphs 1 through 18 of the California General Provisions (CAGP) for Western States Contracting Alliance, Grainger Industrial Supply, become a part of this Participating Addendum b Page 6, Paragraph 4 6 is hereby deleted, Paragraphs 3 and 4 of CAGP are substituted therefore c Page 8, Paragraph 4 7 f is modified with the addition of the following Contractor certifies that it has appropriate systems and controls in place to ensure that state funds will not be used in the performance of this contract for the acquisition, operation or maintenance of computer software in violation of copyright laws d. Page 13, Paragraph K is modified with the addition of the following paragraph Reportmg The bidder shall submit the following management reports to the State's Contract Administrator Reports shall be provided in electronic format and, if requested, in hard copy form All electronic reports must be submitted in Microsoft Excel format The report shall identify orders placed using CAL -Card as the payment method Sales broken down by agency billing code (ordering organization) and by consignee location (each delivery point per billing code) including the information specified below Reports will be submitted only upon request, no sooner than the fifteenth calendar day of the following month • Line Item Fill Rate • Average Days to Ship • Dollar Value of Order • Year -to -Date Dollar Value • Subtotal for Each Account Number • Grand Total of All Account Numbers 2 Summary, with a year -to -date total, including the information specified below Reports will be submitted only upon request, no later than the fifteenth calendar day of the following month • Order Line Fill Rate • Average Days to Ship Orders • Average Days to Ship Backorders • Number of Orders • Number of Order Lines �� G • Number of Lines Filled • Number of Backorder Lines Created • Average Number of Lines per Order • Average Order Size in Dollar Values • Number of Returns • Damaged and Defective Products • Customer Returns • Year -to -Date Total Returns /Dollars • Total Purchases (Dollar Value) - Monthly - Year -to -Date • State's Outstanding Payments by Account Number, Name, and Telephone Number of Person Responsible for Payment - 1 -30 Days - 31 -60 Days - 61 -90 Days - 91+ Days 3 Statewide sales by product number, including the information specified below Reports will be submitted monthly, by the fifteenth calendar day of the following month • Product Number • Product Description • Manufacturer Name • Quantity Ordered • Quantity Shipped • Unit Price • Total Spent • Year -to -Date Quantity Shipped • Year -to -Date Spent • Year -to -Date Frequency of Order • Total Number of Active Accounts for Each Month 4 Reports on the following supplier classifications Cahfomta- certified small business enterprises and Califorma- certified disabled- veteran business enterprises The reports will include the following information, by ordering organization, to be summarized by billing code Reports will be submitted monthly or quarterly, as requested, by the last day of the followmg month • Product Number • Product Description • Vendor • Quantity Shipped • Net Price per Unit • Product Total • Year -to -Date Quantity Shipped • Year -to -Date Product Value • Year -to -Date Times Ordered 5 Usage reports showing all recycled products purchased, including percentage of recycled content and, where appropriate, broken down into post - consumer and secondary waste Include ordering organization identification The recycled products usage report shall be provided broken down by item, then broken down again by agency and agency billing code The reports will be submitted semi- annually, by the last day of January and by the last day of July These reports may be requested by individual agencies or the State's Contract Administrator at any time 6 A monthly contract status report shall be delivered to the State's Contract Administrator by the fifteenth calendar day of the following month Topics to be covered in this report would include, but is not limited to, problems or questions that required more than five working days to resolve, product changes, anticipated problems, etc Custom reports the State's Contract Administrator or ordering organizations (with the concurrence of the State's Contract Admirnstrator) may request from time to time Contractor shall describe additional management reports available, as well as famish copies or samples of current management reports Contractor shall indicate the flexibility of the reporting system and the ease of changing both format and components tracked e Attachment A is not applicable 3 Primary Contact The primary state government contact for this participating addendum is as follows- Pam Mizukami Department of General Services Procurement Division Contract Negotiations Section 707 Third Street, 2nd Floor, West Sacramento, CA 95605 (916) 375 -4430 (916) 375 -4505 (fax) pam.mizukami(d,des.ca. gov Price Agreement Number The price agreement number for the Participating State is 6416 This participating addendum and the WSCA Master Price Agreement, Number 6416, (administered by the State of Nevada) together with its exhibits, set forth the entire agreement between the parties with respect to the subject matter of all previous communications, representations or agreements, whether oral or written, with respect to the subject matter hereof Terms and conditions inconsistent with, contrary or in addition to the terms and conditions of this Addendum and the Master Price Agreement, together with its exhibits, shall not be added to or incorporated into this Addendum or the Price Agreement and its exhibits, by any subsequent purchase order or otherwise, and any such attempts to add or mcorporate such terms and conditions are hereby rejected The terms and conditions of this Addendum and the Price Agreement and its exhibits shall prevail and govern in the case of any such inconsistent or additional terms 5.Current Price List The Contractor's Web Site for the current price list is www.erainaer.com Administrative Fees An administrative fee equal to 1% of gross sales less freight, taxes, returned product, and credits ( "Net Sales ") to state agencies and political subdivisions under this contract shall be remitted to the Department of General Services, Procurement Division, arts WSCA State Administrator, 707 3'd Street— 2nd Floor, West Sacramento, CA 95605 The administrative fee shall be remitted quarterly to the California primary contact with a report of the quarterly contract sales These reports will forty -five (45) days after the close of the calendar quarter l8 7 Effective Dates This addendum is effective starting on August 18, 2003 through November 30, 2004 with the option to extend for one additional one year term and will continue until the Termination Date of the Master Price Agreement, unless terminated early in accordance with the terms and conditions of the Master Price Agreement IN WITNESS WHEREOF, the parties have executed this Addendum as of the date of execution by both parties below State of California Grainger Industrial Supply RUSS GUARNA Name ACQUISITIONS BRANCH MANAGER Title Date Date �9 EL SEGUNDO CITY COUNCIL MEETING DATE May 17, 2005 AGENDA ITEM STATEMENT AGENDA HEADING: Consent AGENDA DESCRIPTION: Consideration and possible action to accept $5,000 donation from El Segundo Rotary for full sponsorship of the 2005 annual Concert in the Park series RECOMMENDED COUNCIL ACTION: (1) Accept donation of $5,000 from El Segundo Rotary and apply to the Recreation and Parks Department's Concert in the Park Trust Fund for the sponsorship of the 2005 Annual Concert in the Park series, (2) Alternatively, discuss and take other action related to this Item BACKGROUND & DISCUSSION: During the City budget cuts of FY 2004 -05, the Recreation and Parks Department was challenged to still provide the service without general fund dependence The best possible scenario was to limit programs that could attract sponsorship for a win- win situation, continued community programming and positive promotions for the sponsor The Concert in the Park series was one of those "sponsorship oriented" programs Fortunately, and most timely, the El Segundo Rotary has graciously agreed to sponsor the 2005 Concert and Park series with a donation of $5,000 ATTACHED SUPPORTING DOCUMENTS: FISCAL IMPACT- Operating Budget: $5,000 donation Account Number, 703 - 200 -5101 -2603 Amount Requested: None Project Phase: Appropriation Required: _Yes X No ORIGINATED: DATE: Stacia Mancini, Director of Recreation and Parks REVIEWED BY: DATE: s Mary Stren , City Manager �r SO EL SEGUNDO CITY COUNCIL MEETING DATE: May 17, 2005 AGENDA ITEM STATEMENT AGENDA HEADING: Consent AGENDA DESCRIPTION: Consideration and possible action regarding the agreement for the Municipal Area Express (MAX) commuter bus service (Fiscal Impact $31,854, yearly, $95,562 over three years) RECOMMENDED COUNCIL ACTION- (1) Approve the agreement and authorize the City Manager to execute the Agreement on behalf of the City, (2) Alternatively, discuss and take other action related to this item BACKGROUND & DISCUSSION. The City has participated in the MAX transit program since 1991 with a number of other South Bay cities The buses bring employees to the El Segundo employment areas east of Sepulveda The cooperative program is sponsored by the cities of El Segundo, Lawndale, Los Angeles, Rancho Palos Verdes, Torrance, Lomita, and Los Angeles County Max operates during the peak morning and afternoon commuting hours This service is valuable to El Segundo companies and the Air Force Base as a viable transportation alternative It is time to renew the agreement for this transportation service The City of Torrance will continue to be the lead agency Mayor Pro -Tern John Gaines represents the City on the MAX Steering Committee Proposition A transit funds will be used to finance our city's contribution to the prograrR Our yearly contribution is $31,854 This agreement has been reviewed and approved by the City Attorney's office ATTACHED SUPPORTING DOCUMENTS. Agreement for MAX Commuter Bus Service FISCAL IMPACT. Operating Budget: Account Number: 112 - 400 -5298 -6214; 112 -400- 5298 -8904 Amount Requested: $31,854 Project Phase. Appropriation Required, –X—Yes _ No ORIGINATED. DATE: Stacia Mancini, Director of Recreation and Parks REVIEWED BY: DATE: f Mary Strenn, ity M ger �T g1 10 1 AGREEMENT FOR MAX COMMUTER BUS SERVICE THIS AGREEMENT is made and entered into this 1 st day of July, 2005, by and between the City of Torrance (hereinafter referred to as "LEAD AGENCY ") and the City of El Segundo, the City of Lawndale, the City of Los Angeles, the City of Rancho Palos Verdes, the City of Lomita, and the County of Los Angeles, (hereinafter referred to as "AGENCIES" or individually as "AGENCY ") RECITALS A LEAD AGENCY and AGENCIES are located in the South Bay area of Los Angeles County, a region which continues to experience a high level of peak -hour traffic B The AGENCIES have previously jointly funded a commuter transportation transit service known as Municipal Area Express ( "MAX "), which provides a much - needed bus service to and within the South Bay aerospace employment center C The AGENCIES recognize the potential cost savings and increase transit efficiency of providing a network of commuter transportation services and a connection to the Green Line in the South Bay by coordinating transit services, administration and marketing. D Each AGENCY is willing to fund a share of the cost of MAX using each AGENCIES Proposition A and/or Proposition C Local Return Funds E. The operation of this joint program is eligible for regional momes to partially fund the costs of MAX F Since 1990, MAX has operated a viable, effective commuter transit alternative for South Bay residents AGREEMENT Administration of Service The LEAD AGENCY shall implement and administer MAX on behalf of AGENCIES 2 Term of Agreement This agreement shall be effective as of July 1, 2005 and shall expire on June 30, 2008, unless the Agreement is sooner terminated as provided in Sections 12 and 14 This agreement thereafter may be extended on a year to year basis upon the consent of AGENCIES [MAX1ntcmgencyAgeementt05Fina1 DOC] 1 ,� rd Organization A Policy for MAX shall be set by The Policy Steenng Committee ( "PSC ") The LEAD AGENCY and each AGENCY shall have the nght to appoint either its Mayor, one member of its City Council or Board, or its City Manager to the PSC Each member of the PSC shall have one vote The LEAD AGENCY and each AGENCY shall also appoint an alternate member who shall be its Mayor, a member of its City Council or Board, a permanent deputy to the Council or Board member representative, or its City Manager The alternate shall have all of the powers and duties of the regular member at any PSC meeting which the regular member does not attend Regular and alternate members shall serve at the pleasure of their AGENCY and until their successors are appointed and qualified Each AGENCY shall notify the LEAD AGENCY staff of its appointees and of any change thereof (1) The PSC shall set policy for MAX on the following (a) Fares (b) Route Structure (c) Award of Contracts (d) Annual Operating Budget (e) Participating AGENCY Funding Shares (f) Lease or Purchase of Vehicles (g) Increase or Decrease in Scope of Overall Service (h) Approval of program funding agreements entered into by the LEAD AGENCY (i) Insurance 0) Governmental mandates that may require direction for compliance B All decisions of the PSC shall be made by majonty vote For the purpose of conducting business, a quorum of the PSC shall comprise of 50 percent plus one of all the member AGENCIES represented on the PSC C Technical assistance shall be provided to the PSC by the LEAD AGENCY Staff. Provision of Service The LEAD AGENCY shall implement MAX as described in Exhibits "A" and `B" described as MAX Service Requirements and the MAX Routes respectively (attached hereto and incorporated herein by this reference) Substantive changes to Service may only be authonzed by the PSC Fares The PSC shall establish and authorize changes to the fare structure for patrons utilizing MAX The annual fare revenues shall be utilized by the LEAD AGENCY to fund the [MAXInwragencyAgr mwu(iWmalDOC] 2 83 annual expense of operating MAX Operating Funds and Payment for Service The LEAD AGENCY shall obtain funds to operate MAX from passenger fares and other sources as they are available The remainder required to fund MAX shall be provided by the AGENCIES Each AGENCY shall pay quarterly, upon receipt of an itemized billing from the LEAD AGENCY, one fourth of its annual share, which shall be established by the PSC as part of the annual operating budget In addition, each AGENCY agrees to pay the LEAD AGENCY any additional funds as authorized by the PSC which might be required to provide service during any budget year should the costs be greater than anticipated, provided, however, that such additional funds shall not exceed 20 percent of the amount adopted in the annual budget for one year All billings shall be paid by each AGENCY within thirty days of receipt of an itemized billing by the LEAD AGENCY. Further, if any member jurisdiction pays more than their budget share of actual costs, as determined by an annual audit of the MAX budget, then an equal amount will be deducted from their next quarterly billing in the subsequent budget year If any member jurisdiction pays less than their budget share of actual costs, as determined by annual audit of the MAX budget, then an equal amount will be added to their next quarterly billing in the subsequent budget year 7 Permits and Licenses The LEAD AGENCY shall secure and maintain all permits and licenses required by law for the provision of MAX Marketing The LEAD AGENCY shall undertake a marketing program to promote MAX This program may be implemented either by the LEAD AGENCY staff or under a consultant contract, whichever approach is approved by the PSC All costs for said marketing shall be considered as a portion of the total costs of MAX for purposes of this Agreement, and shall be authorized annually as part of the MAX budget Service The LEAD AGENCY shall prepare a Request for Proposals for a private entity to provide the driving, dispatching, and maintenance for the buses used by MAX The LEAD AGENCY shall enter into an agreement with the respondent approved by the PSC, which hereinafter shall be referred to as "CONTRACTOR" 10 Liability A LEAD AGENCY agrees to indemnify, hold harmless and defend each AGENCY for any claim, legal action or liability ansmg out of this Agreement [MAXInteragencyAgmementWFinal DOC] 3 $ 'Y B Notwithstanding the provisions of Subsection A, each AGENCY hereby agrees to Indemnify, hold harmless and defend LEAD AGENCY and every other AGENCY for any claim, legal action or liability arising out of this Agreement and related to the condition of that AGENCIES streets, sidewalks, or other public improvements 1 I Insurance A The LEAD AGENCY shall require the CONTRACTOR providing MAX to obtain and maintain in force at all times during the term of the Agreement with the CONTRACTOR commercial general liability and property damage insurance in amounts of not less than $10,000,000 00 for injury or death arising out of any one incident, $3,000,000 00 for injury or death to any one person, and $1,000,000 00 for property damage The CONTRACTOR shall also obtain automobile insurance, including collision and comprehensive vehicular liability insurance coverage for all vehicles used to provide MAX, in amounts of not less than $10,000,000 00 for injury or death arising out of any one accident, $3,000,000 00 for injury or death to any one person, and one million dollars $1,000,000 00 for property damage B Certificate of Insurance The LEAD AGENCY in its agreement with the CONTRACTOR shall require the CONTRACTOR to provide LEAD AGENCY certificates of insurance and a signed agreement form evidencing compliance with Subsection A above, not less than 10 days prior to the commencement of MAX under the agreement with the CONTRACTOR Said certificates shall name LEAD AGENCY and each AGENCY and their respective officers, employees and agents, as additional insureds Each policy shall provide that it may not be canceled or reduced in coverage without 60 days written notice to LEAD AGENCY and each AGENCY C Workers Compensation Insurance Throughout the term of the agreement, the CONTRACTOR will be required to obtain and maintain worker's compensation and employer's liability insurance as required by the laws of the State of California A certificate evidencing such insurance coverage shall be filed with LEAD AGENCY and AGENCIES not less than 10 days prior to commencement of MAX hereunder D The insurance provisions of this section shall only be changed by the agreement of both the LEAD AGENCY and the PSC 12 Failure to Provide Insurance Failure on the part of the CONTRACTOR to maintain the required insurance shall constitute grounds for any AGENCY to terminate this Agreement No such termination initiated by an AGENCY may occur until the AGENCY has given the LEAD AGENCY (MAXInteragencyAgmementWfinal DOC) 4 85 14 calendar days written notice of its Intention to do so and the CONTRACTOR has failed to obtain the Insurance during this time 13 Independent Contractor Status No employee of the LEAD AGENCY or any AGENCY shall become an employee or officer of the other AGENCY by virtue of entering into this Agreement, and this Agreement shall not create the relationship of agent, servant, employee, partnership, or point venture between the AGENCIES No employee or contractor of the LEAD AGENCY will be considered an employee of any AGENCY for purposes of workers' compensation liability Each AGENCY shall bear full responsibility for furnishing workers' compensation benefits to any of its employees for injuries ansing from or connected with activities performed by said employee pursuant to this Agreement 14 Termination of Agreement A In addition to the grounds of termination provided in Section 12, any AGENCY may withdraw from this Agreement at the end of a given fiscal year by giving written notice to the LEAD AGENCY and the PSC of such intent to terminate 90 days prior to the end of any given fiscal year, which ends on June 30 Within 30 days after such notice is received by the PSC, or at its next regularly scheduled meeting, the PSC shall meet and determine whether to terminate MAX or re- apportion the respective share of any AGENCY terminating participation in MAX In the event the PSC determines to terminate MAX, the LEAD AGENCY shall terminate all agreements with its CONTRACTOR AGENCIES shall be responsible for all costs resulting from termination, including the costs resulting from termination of the CONTRACTOR agreements B This Agreement may also be terminated at any time by agreement of the PSC In the event the PSC determines to terminate MAX, the LEAD AGENCY shall terminate all agreements with its CONTRACTOR AGENCIES shall be responsible for all costs resulting from termination, including the costs resulting from termination of the CONTRACTOR agreements C Each AGENCY shall be responsible for its respective share of the termination costs as provided in the annual MAX budget In the event the costs of termination are less than the sums held by the LEAD AGENCY, the LEAD AGENCY shall remit, within 30 days after all termination costs have been paid, each AGENCIES proportionate share of the remaining balance 15 Inability to Perform The LEAD AGENCY will not be required to administer or provide MAX during the time and to the extent that it is prevented from performing by acts of God, fire, strike, civil disorder, loss of transportation facilities, loss of funding, lockout, commandeering of [MAXInteragencyAgreementtOSFinal DOC] 5 �v materials, products, plants, or facilities by the federal government or any other cause beyond the reasonable control of the LEAD AGENCY 16 Record Keening, Reporting and Auditing The LEAD AGENCY will provide access to all records In Its possession relating to MAX during normal working hours of the LEAD AGENCY, The LEAD AGENCY shall keep records of all operating costs of MAX in Accordance with generally acceptable accounting procedures and in accordance with the requirements of any entity providing funding. The LEAD AGENCY shall retain all records for a minimum of 5 years following the close of that fiscal year At any time any AGENCY, at its own expense, may conduct an audit of the LEAD AGENCY regarding MAX If such audit finds that the costs of operating MAX are less than previously indicated by the LEAD AGENCY and LEAD AGENCY agrees with the results of said audit, the member AGENCY agrees the difference may, in the sole discretion of the LEAD AGENCY, be repaid forthwith by the LEAD AGENCY to the AGENCIES in the proportionate shares provided in the annual MAX budget, or credited against any future payments owed hereunder to the LEAD AGENCY If such audit finds that the costs of operating the program are greater than payments made by the AGENCY, then the difference shall be paid to the LEAD AGENCY by the AGENCIES, based upon each AGENCY's proportionate share adopted in the most recent MAX budget. 17 Vehicles The LEAD AGENCY shall cause to be supplied sufficient and adequate vehicles, including backup vehicles, to insure that MAX is provided on an uninterrupted basis. All equipment and facilities shall meet all requirements of applicable federal, state and local ordinances and laws 18 Notices A All notices, requests, demands, or other communications under this Agreement will be in writing Notice will be sufficiently given for all purposes as follows Personal delivery. When personally delivered to the recipient notice is effective on delivery First Class marl When marled first class to the last address of the recipient known to the party giving notice notice is effective three mail delivery days after deposit in an United States Postal Service office or mailbox [MAXInteragencyAgreementtO5Final DOC] 6 f Certified mail When marled certified mail, return receipt requested. notice is effective on receipt, if delivery is confirmed by a return receipt 4 Overnight delivery When delivered by an overnight delivery service, charges prepaid or charged to the sender's account notice is effective on delivery, if delivery is confirmed by the delivery service Notices required to be given pursuant to this Agreement shall be given by enclosing the same in a sealed envelope addressed to the party for whom intended and by depositing such envelope with postage prepaid for delivery by Certified Mail in the United States Mail Addresses for purpose of giving notice are as follows LEAD AGENCY at the following address City of Torrance Office of the City Manager 3031 Torrance Boulevard Torrance, CA 90503 With a copy to City Clerk City of Torrance 3031 Torrance Boulevard Torrance, CA 90509 -2970 b Any such notice cons addressed as follows City of El Segundo Office of the City Manager 350 Main Street El Segundo, CA 90245 arning same to each AGENCY shall be City of Lawndale Office of the City Administrator 14717 Bunn Avenue Lawndale, CA 90260 Los Angeles County Department Of Public Works Transit Operation Section PO Box 1460 Alhambra, CA 91802 -1460 City of Rancho Palos Verdes Office of the City Manager 30940 Hawthorne Blvd Rancho Palos Verdes, CA 90274 City of Los Angeles Office of the General Manager Department of Transportation 200 North Spring Street Los Angeles, CA 90012 City of Lomita Office of the City Manager P O Box 339 Lomita, CA 90717 ]MAX1nteragencyAgmementt05Final DOC] 7 88 19 New Parties The PSC can accept new AGENCIES as participants in MAX In such event, the LEAD AGENCY shall enter into an agreement with said AGENCY providing said AGENCY with the same rights and obligations of each other participating AGENCY The PSC shall determine the percentage contribution required for said entity and the obligation of each signatory to the Agreement reflected in the annual MAX budget shall be proportionately reduced to reflect the percentage allocated to the new AGENCY 20 Governing Law, Jurisdiction This Agreement will be administered and interpreted under the laws of the State of California Jurisdiction of any litigation ansmg from the Agreement will be in Los Angeles County, California 21 Integration, Amendment This Agreement represents the entire understanding of LEAD AGENCY and each AGENCY as to those matters contained in it. No prior oral or written understanding will be of any force or effect with respect to the terms of this Agreement The Agreement may not be modified or altered except in writing signed by all parties The Agreement may be executed in multiple counterparts 22 Interpretation The terms of this Agreement should be construed in accordance with the meaning of the language used and should not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction that might otherwise apply 23 Severabihtv If any part of this Agreement is found to be in conflict with applicable laws, that part will be inoperative, null and void in so far as it is in conflict with any applicable laws, but the remainder of the Agreement will remain in full force and effect [MAXInteragencyAgreementtWinal DOC] 8 so 24 Waiver of Breach No delay or omission in the exercise of any right or remedy by a non defaulting party on any default will impair the right or remedy or be construed as a waiver A party's consent or approval of any act by the other party requiring the party's consent or approval will not be deemed to waive or render unnecessary the other party's consent to or approval of any subsequent act Any waiver by either party of any default must be in writing and will not be a waiver of any other default concerning the same or any other provision of this Agreement IN WITNESS WHEREOF, this Agreement is executed by the parties as follows CITY OF TORRANCE LEAD AGENCY Dan Walker Mayor ATTEST Sue Herbers City Clerk APPROVED AS TO FORM JOHN L FELLOWS III City Attorney M [MAXlnteragencyAgeement0l'inal DOC] 9 90 CITY OF EL SEGUNDO Kelly McDowell Mayor ATTEST Cindy Morteson City Clerk APPROVED AS TO FORM Mark Hensley City Attorney [MAXlnteragencyAgreement[05FinaI DOC] 10 J y CITY OF LAWNDALE Harold Hofmann Mayor ATTEST Paula Hartwtll City Clerk APPROVED AS TO FORM William W Wynder City Attorney [MAXlnteragencyAgreemenuWinal DOC] 1 1 9 If; C aJ . CITY OF LOS ANGELES DEPARTMENT OF TRANSPORTATION Wayne K Tanda General Manager ATTEST Frank Martinez City Clerk APPROVED AS TO FORM. Shelley I Smith Asst. City Attorney [MAXInteragencyAgmemejiUWinal DOC] 12 J J COUNTY OF LOS ANGELES Chair, Board of Supervisors ATTEST VIOLET VARONA - LUKENS Executive Officer of the Board of Supervisors of the County of Los Angeles By Deputy APPROVED AS TO FORM OFFICE OF COUNTY COUNSEL By Deputy [MAXInleragencyAgreementt05Fina1 DOC] 13 94 CITY OF RANCHO PALOS VERDES Peter Gardiner Mayor ATTEST Jo Purcell City Clerk APPROVED AS TO FORM Carol Lynch City Attorney 1 [MAXInteragencyAgreementtO5Final DOC] 14 0 CITY OF LOMITA Susan Dever Mayor ATTEST Dawn Tomrta City Clerk APPROVED AS TO FORM Christi Hogm City Attorney [MAXInteragencyAgmemennOSFinal DOC] 15 96 EXHIBIT A MAX Service Requirements MAX shall operate during peak weekday commuting hours, on a schedule approved by the Policy Steering Committee MAX will operate Monday through Friday, with the exception of the following holidays New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and the day after, and Christmas Day MAX shall be provided on routes in the South Bay area of Los Angeles County as identified in Exhibit B to this agreement MAX service shall be open to the general public and provided as a commuter bus MAX shall utilize a fleet of 14 transit coaches with commuter style amenities such as reclining seats, reading lights and climate control All MAX coaches shall be fully wheelchair accessible in compliance with the Americans with Disabilities Act [MA)OnteragencyAgreementtWinal DOC] 16 EL SEGUNDO CITY COUNCIL MEETING DATE: May 17, 2005 AGENDA ITEM STATEMENT AGENDA HEADING Consent AGENDA DESCRIPTION. Consideration and possible action requesting Council approval to hold the annual Volunteer Recognition at The Lakes of El Segundo on Friday, July 29, 2005 and provide a free scramble golf tournament for volunteers (Fiscal Impact $650) RECOMMENDED COUNCIL ACTION (1) Direct staff to organize free golf tournament for volunteers on Friday, July 29, 2005 from 8 30 AM to 12 30 PM, (2) Direct staff to proceed with the necessary planning of the annual Volunteer Recognition at The Lakes of El Segundo, (3) Alternatively, discuss and take other action related to this item BACKGROUND & DISCUSSION: The City Council has historically honored its volunteers who work not for remuneration, but for love of their community El Segundo's volunteer network is something we are all very proud of Volunteers not only contribute to our sense of community but to our coffers as well in that they provide service on the City's behalf without pay Prior to 1991 the City's volunteers were recognized at various events The annual Volunteer Picnic, which has become the traditional event in which to recognize our Volunteers each year, was proposed by the City Council in 1991 The picnic was first held at Recreation & Parks and for the past ten plus years has been held at Chevron Park This year, we have the opportunity of hosting the annual Volunteer Recognition at The Lakes of El Segundo, a City facility In order for the Volunteers to participate in a golf scramble, the facility must be closed to the public for 3 hours If the event is held on a Friday, the estimated loss of revenue would be approximately $650 A greater loss of revenue would result if the event were held on a Saturday The amount budgeted for this event does not include the estimated loss of revenue The City Council will be recognizing the thousands of hours that have been donated to the City of El Segundo by over 300 individuals and corporate volunteers at The Lakes of El Segundo on Friday, July 29, 2005 ATTACHED SUPPORTING DOCUMENTS FISCAL IMPACT* $650 Operating Budget- Amount Requested Account Number Project Phase Appropriation Required Yes _ No ORIGINATED- DATE- 05/10/05 Stacia Mancini, Director of Recreation &Parks REVIEWED BY DATE 05/_/05 Mary Strenn, City Manager :1 ``v EL SEGUNDO CITY COUNCIL MEETING DATE. May 17, 2005 AGENDA ITEM STATEMENT AGENDA HEADING- New Business AGENDA DESCRIPTION: Consideration and possible action regarding joining the California Municipal Finance Authority ( "CMFA "), a joint powers authority, for the purpose of enabling CMFA to refinance Chevron pollution control bonds, and setting a public hearing in connection therewith (Fiscal Impact None) RECOMMENDED COUNCIL ACTION. (1) Adopt a Resolution approving, authorizing and directing execution of a joint powers agreement relating to CMFA (2) Set a public hearing for the City Council meeting of June 7, 2005, on the issuance of bonds by CMFA for the purpose of loaning the proceeds to Chevron to refinance pollution control facilities (3) Alternatively discuss and take other action related to this item BACKGROUND & DISCUSSION: Chevron has previously borrowed the proceeds of Pollution Control Revenue Bonds to finance pollution control facilities and has determined that It Is financially beneficial to refinance those bonds at this time Chevron is requesting the City's assistance with the refinancing process because applicable law requires certain actions by the local jurisdiction in which the financed facilities are located Chevron has agreed to pay all costs incurred by the City in connection with the bond issuance ATTACHED SUPPORTING DOCUMENTS: 1 Resolution Approving, Authorizing, and Directing Execution of a Joint Powers Agreement Relating to the California Municipal Finance Authority 2 Joint Exercise of Powers Agreement Relating to the California Municipal Finance Authority FISCAL IMPACT. Operating Budget: $0 Amount Requested: $0 Account Number. Project Phase- Appropriation Required: —Yes x No ORIGIN ED D /ATE. aj�itD5- M r ensley I y Attorney / REVIEWED W(- DATE: ice V- Mary Strenn, City Manager y RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO APPROVING, AUTHORIZING, AND DIRECTING EXECUTION OF A JOINT EXERCISE OF POWERS AGREEMENT RELATING TO THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY BE IT RESOLVED by the Council of the City of El Segundo as follows SECTION 1 The City Council finds and declares as follows A City of El Segundo, California (the "City "), has expressed an interest in participating in the economic development financing programs (the "Programs ") in conjunction with the parties to that certain Joint Exercise of Powers Agreement Relating to the California Municipal Finance Authority, dated January 1, 2004 (the "Agreement ") B There is now before this City Council the form of the Agreement C The City proposes to participate in the Programs and desires that certain projects to be located within the City, be financed pursuant to the Programs and it is in the public interest and for the public benefit that the City do so D The Agreement has been filed with the City, and the members of the City Council of the City, with the assistance of its staff, have reviewed said document SECTION 2 The Agreement is hereby approved and the Mayor or the City Manager or designee thereof is hereby authorized and directed to execute said document, with such changes, insertions and omissions as may be approved by said Mayor or City Manager, and the City Clerk or such Clerk's designee is hereby authorized and directed to affix the City's seal to said document and to attest thereto SECTION 3 The Mayor, the City Manager, the City Clerk and all other proper officers and officials of the City are hereby authorized and directed to execute such other agreements, documents and certificates, and to perform such other acts and deeds, as may be necessary or convenient to effect the purposes of this Resolution and the transactions herein authorized SECTION 4 City Clerk of the City shall forward a certified copy of this Resolution and an originally executed Agreement to Harriet M Welch, Esq Squire, Sanders & Dempsey LLP 801 South Figueroa Street, 14th Floor Los Angeles, CA 90017 i00 SECTION 5 The City Clerk is directed to certify the adoption of this Resolution; record this Resolution in the book of the City's original resolutions, and make a minute of the adoption of the Resolution in the City Council's records and the minutes of this meeting SECTION 6 This resolution will become effective immediately upon adoption and will remain effective unless repealed or superseded PASSED, APPROVED, AND ADOPTED this 17th day of May 2005 r_111111r:61111 CINDY MORTESEN. CITY CLERK FORM ARK D HE A Y, CITY ATTORNEY Kelly McDowell, Mayor 2 101 STATE OF CALIFORNIA } COUNTY OF LOS ANGELES } ss CITY OF EL SEGUNDO } I, Cindy Mortesen, City Clerk of the City of El Segundo, do hereby certify that the foregoing Resolution No was adopted at a regular meeting of the City Council of the City of El Segundo held on May 17, 2005, by the following vote AYES NOES ABSENT ABSTAIN 9 CINDY MORTESEN CITY CLERK 102 JOINT EXERCISE OF POWERS AGREEMENT RELATING TO THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY THIS AGREEMENT, dated as of January 1, 2004, among the parties executing this Agreement (all such parties, except those which have withdrawn as provided herein, are referred to as the "Members" and those parties initially executing this Agreement are referred to as the "Initial Members ") WITNESSETH WHEREAS, pursuant to Title 1, Division 7, Chapter 5 of the California Government Code (in effect as of the date hereof and as the same may from time to time be amended or supplemented, the "Joint Exercise of Powers Act'), two or more public agencies may by agreement jointly exercise any power common to the contracting parties, and WHEREAS, each of the Members is a "public agency" as that term is defined in Section 6500 of the Joint Exercise of Powers Act, and WHEREAS, each of the Members is empowered by law to promote economic, cultural and community development, including, without limitation, the promotion of opportunities for the creation or retention of employment, the stimulation of economic activity, the increase of the tax base, and the promotion of opportunities for education, cultural improvement and public health, safety and general welfare, and WHEREAS, each of the Members may accomplish the purposes and objectives described in the preceding preamble by various means, including through making grants, loans or providing other financial assistance to governmental and nonprofit organizations, and WHEREAS, each Member is also empowered by law to acquire and dispose of real property for a public purpose, and WHEREAS, the Joint Exercise of Powers Act authorizes the Members to create a joint exercise of powers entity with the authority to exercise any powers common to the Members, as specified in this Agreement and to exercise the additional powers granted to it in the Joint Exercise of Powers Act and any other applicable provisions of the laws of the State of California, and WHEREAS, a public entity established pursuant to the Joint Exercise of Powers Act is empowered to issue or execute bonds, notes, commercial paper or any other evidences of indebtedness, including leases or installment sale agreements or certificates of participation therein (herein "Bonds "), and to otherwise undertake financing programs under the Joint Exercise of Powers Act or other applicable provisions of the laws of the State of California to accomplish its public purposes, and Iu,; L.osAngeles /177272 I I WHEREAS, the Members have determined to specifically authorize a public entity authorized pursuant to the Joint Exercise of Powers Act to issue Bonds pursuant to the Joint Exercise of Powers Act or other applicable provisions of the laws of the State of California, and WHEREAS, it is the desire of the Members to use a public entity established pursuant to the Joint Exercise of Powers Act to undertake the financing and/or refinancing of projects of any nature, including, but not limited to, capital or working capital projects, insurance, liability or retirement programs or facilitating Members use of existing or new financial instruments and mechanisms, and WHEREAS, it is further the intention of the Members that the projects undertaken will result in significant public benefits to the inhabitants of the jurisdictions of the Members, and WHEREAS, by this Agreement, each Member desires to create and establish the "California Municipal Finance Authority" for the purposes set forth herein and to exercise the powers provided herein, NOW, THEREFORE, the Members, for and in consideration of the mutual promises and agreements herein contained, do agree as follows Section 1. Purpose. This Agreement is made pursuant to the provisions of the Joint Exercise of Powers Act The purpose of this Agreement is to establish a public entity for the .joint exercise of powers common to the Members and for the exercise of additional powers given to a joint powers entity under the Joint Powers Act or any other applicable law, including, but not limited to, the issuance of Bonds for any purpose or activity permitted under the Joint Exercise of Powers Act or any other applicable law Such purpose will be accomplished and said power exercised in the manner hereinafter set forth Section 2. Term. This Agreement shall become effective in accordance with Section 17 as of the date hereof and shall continue in full force and effect until such time as it is terminated in writing by all the Members, provided, however, that this Agreement shall not terminate or be terminated until all Bonds issued or caused to be issued by the Authority (defined below) shall no longer be outstanding under the terms of the indenture, trust agreement or other instrument pursuant to which such Bonds are issued, or unless a successor to the Authority assumes all of the Authority's debts, liabilities and oblrgastions Section 3. Authoritv. A CREATION AND POWERS OF AUTHORITY Pursuant to the Joint Exercise of Powers Act, there is hereby created a public entity to be known as the "California Municipal Finance Authority" (the "Authority "), and said Authority shall be a public entity separate and apart from the Members Its LosMgeles /177272 1 2 lo-0, debts, liabilities and obligations do not constitute debts, liabilities or obligations of any Members. mmnn, 0. The Authority shall be administered by the Board of Directors (the "Board," or the "Directors" and each a "Director ") of the California Foundation for Stronger Communities, a nonprofit public benefit corporation organized under the laws of the State of California (the "Foundation "), with each such Director serving in his or her individual capacity as a Director of the Board of the Authority The Board shall be the administering agency of this Agreement and, as such, shall be vested with the powers set forth herein, and shall administer this Agreement in accordance with the purposes and functions provided herein. The number of Directors, the appointment of Directors, alternates and successors, their respective terms of office, and all other provisions relating to the qualification and office of the Directors shall be as provided in the Articles and Bylaws of the Foundation, or by resolution of the Board adopted in accordance with the Bylaws of the Foundation All references in this Agreement to any Director shall be deemed to refer to and include the applicable alternate Director, if any, when so acting in place of a regularly appointed Director Directors may receive reasonable compensation for serving as such, and shall be entitled to reimbursement for any expenses actually incurred in connection with serving as a Director, if the Board shall determme that such expenses shall be reimbursed and there are unencumbered funds available for such purpose The Foundation may be removed as administering agent hereunder and replaced at any time by amendment of this Agreement approved as provided in Section 16, provided that a successor administering agent of this Agreement has been appointed and accepted its duties and responsibilities under this Agreement C OFFICERS, DUTIES, OFFICIAL BONDS The officers of the Authority shall be the Chair, Vice - Chair, Secretary and Treasurer (defined below) The Board, in its capacity as administering agent of this Agreement, shall elect a Chair, a Vice - Chair, and a Secretary of the Authority from among Directors to serve until such officer is re- elected or a successor to such office is elected by the Board. The Board shall appoint one or more of its officers or employees to serve as treasurer, auditor, and controller of the Authority (the "Treasurer ") pursuant to Section 6505.6 of the Joint Exercise of Powers Act to serve until such officer is re- elected or a successor to such office is elected by the Board Subject to the applicable provisions of any resolution, indenture, trust agreement or other instrument or proceeding authorizing or securing Bonds (each such resolution, indenture, trust agreement, instrument and proceeding being herein referred to as an "Indenture ") providing for a trustee or other fiscal agent, and except as may otherwise be 3 LosAngeles /1772721 1 `� specified by resolution of the Board, the Treasurer is designated as the depositary of the Authority to have custody of all money of the Authority, from whatever source derived and shall have the powers, duties and responsibilities specified in Sections 6505, 6505 5 and 6509 5 of the Joint Exercise of Powers Act The Treasurer of the Authority is designated as the public officer or person who has charge of, handles, or has access to any property of the Authority, and such officer shall file an official bond with the Secretary of the Authority in the amount specified by resolution of the Board but in no event less than $1,000 The Board shall have the power to appoint such other officers and employees as it may deem necessary and to retain independent counsel, consultants and accountants The Board shall have the power, by resolution, to the extent permitted by the Joint Exercise of Power Act or any other applicable law, to delegate any of its functions to one or more of the Directors or officers, employees or agents of the Authority and to cause any of said Directors, officers, employees or agents to take any actions and execute any documents or instruments for and in the name and on behalf of the Board or the Authority D MEETINGS OF THE BOARD (1) Ralph M Brown Act All meetings of the Board, including, without limitation, regular, adjourned regular, special, and adjourned special meetings shall be called, noticed, held and conducted in accordance with the provisions of the Ralph M Brown Act (commencing with Section 54950 of the Government Code of the State of California), or any successor legislation hereinafter enacted (the "Brown Act ") (2) Regular Meetings The Board shall provide for its regular meetings, provided, however, it shall hold at least one regular meeting each year The date, hour and place of the holding of the regular meetings shall be fixed by resolution of the Board To the extent permitted by the Brown Act, such meetings may be held by telephone conference. (3) Special Meetings Special meetings of the Board may be called in accordance with the provisions of Section 54956 of the Government Code of the State of California To the extent permitted by the Brown Act, such meetings may be held by telephone conference 4 LosAngeles /177272 1 10 ( � (4) Minutes The Secretary of the Authority shall cause to be kept minutes of the regular, adjourned regular, special, and adjourned special meetings of the Board and shall, as soon as possible after each meeting, cause a copy of the minutes to be forwarded to each Director (5) Quo rum A majority of the Board shall constitute a quorum for the transaction of business No action may be taken by the Board except upon the affirmative vote of a majority of the Directors constituting a quorum, except that less than a quorum may adjourn a meeting to another time and place E RULES AND REGULATIONS The Authority may adopt, from time to time, by resolution of the Board such rules and regulations for the conduct of its meetings and affairs as may be required Section 4. Powers. The Authority shall have the power, in its own name, to exercise the common powers of the Members and to exercise all additional powers given to a joint powers entity under any of the laws of the State of California, including, but not limited to, the Joint Exercise of Powers Act, for any purpose authorized under this Agreement Such powers shall include the common powers specified in this Agreement and may be exercised in the manner and according to the method provided in this Agreement The Authority is hereby authorized to do all acts necessary for the exercise of such power, including, but not limited to, any of all of the following to make and enter into contracts, to employ agents and employees, to acquire, construct, provide for maintenance and operation of, or maintain and operate, any buildings, works or improvements, to acquire, hold or dispose of property wherever located, to incur debts, liabilities or obligations, to receive gifts, contributions and donations of property, funds, services, and other forms of assistance from person, fines, corporations and any governmental entity, to sue and be sued in its own name, to make grants, loans or provide other financial assistance to governmental and nonprofit organizations (e g, the Members or the Foundation) to accomplish any of its purposes, and generally to do any and all things necessary or convenient to accomplish its purposes Without limiting the generality of the foregoing, the Authority may issue or cause to be issued Bonds, and pledge any property or revenues as security to the extent permitted under the Joint Exercise of Powers Act, or any other applicable provision of law, provided, however, the Authority shall not issue Bonds with respect to any project located in the jurisdiction of one or more Members unless the governing body of any such Member, or its duly authorized representative, shall approve, conditionally or unconditionally, the project, including the issuance of Bonds therefor Such approval may be evidenced by resolution, certificate, order, report or such other means of written approval of such project as may be selected by the Member (or its authorized representative) whose approval is required No such approval shall be required in 5 LosAngeles /177272 1 ti i l) i connection with Bonds that refund Bonds previously issued by the Authority and approved by the governing board of a Member The manner in which the Authority shall exercise its powers and perform its duties is and shall be subject to the restrictions upon the manner in which a California general law city could exercise such powers and perform such duties The manner in which the Authority shall exercise its powers and perform its duties shall not be subject to any restrictions applicable to the manner in which any other public agency could exercise such powers or perform such duties, whether such agency is a party to this Agreement or not Section 5. Fiscal Year. For the purposes of this Agreement, the term "Fiscal Year" shall mean the fiscal year as established from time to time by resolution of the Board, being, at the date of this Agreement, the period from July 1 to and including the following June 30, except for the first Fiscal Year which shall be the period from the date of this Agreement to June 30, 2004 Section 6. Disposition of Assets. At the end of the term hereof or upon the earlier termination of this Agreement as set forth in Section 2, after payment of all expenses and liabilities of the Authority, all property of the Authority both real and personal shall automatically vest in the Members in the manner and amount determmed by the Board in its sole discretion and shall thereafter remain the sole property of the Members, provided, however, that any surplus money on hand shall be returned in proportion to the contributions made by the Members Section 7. Bonds. From time to time the Authority shall issue Bonds, in one or more series, for the purpose of exercising its powers and raising the funds necessary to carry out its purposes under this Agreement The services of bond counsel, financing consultants and other consultants and advisors working on the projects and/or their financing shall be used by the Authority The expenses of the Board shall be paid from the proceeds of the Bonds or any other unencumbered fiends of the Authority available for such purpose Section 8. Bonds Only Limited and Special Obligations of Authority. The Bonds, together with the interest and premium, if any, thereon, shall not be deemed to constitute a debt of any Member or pledge of the faith and credit of the Members or the Authority The Bonds shall be only special obligations of the Authority, and the Authority shall under no circumstances be obligated to pay the Bonds except from revenues and other funds pledged therefor Neither the Members nor the Authority shall be obligated to pay the principal of, premium, if any, or interest on the Bonds, or other costs incidental thereto, except from the revenues and funds pledged therefor, and neither the faith and credit nor the taxing power of the Members nor the faith and credit of the Authority shall be pledged to the payment of the 6 LosAngeles /177272 1 iU�, principal of, premium, if any, or interest on the Bonds nor shall the Members or the Authority in any manner be obligated to make any appropriation for such payment No covenant or agreement contained in any Bond or related document shall be deemed to be a covenant or agreement of any Director, or any officer, employee or agent of the Authority in his or her individual capacity and neither the Board of the Authority nor any Director or officer thereof executing the Bonds shall be liable personally on any Bond or be subject to any personal liability or accountability by reason of the issuance of any Bonds Section 9. Accounts and Reports. All funds of the Authority shall be strictly accounted for The Authority shall establish and maintain such funds and accounts as may be required by good accounting practice and by any provision of any Indenture (to the extent such duties are not assigned to a trustee of Bonds) The books and records of the Authority shall be open to inspection at all reasonable times by each Member The Treasurer of the Authority shall cause an independent audit to be made of the books of accounts and financial records of the Authority by a certified public accountant or public accountant in compliance with the provisions of Section 6505 of the Joint Exercise of Powers Act hi each case the minimum requirements of the audit shall be those prescribed by the State Controller for special districts under Section 26909 of the Government Code of the State of California and shall conform to generally accepted auditing standards When such an audit of accounts and records is made by a certified public accountant or public accountant, a report thereof shall be filed as a public record with each Member and also with the county auditor of each county in which a Member is located, provided, however, that to the extent permitted by law, the Authority may, instead of filing such report with each Member and such county auditor, elect to post such report as a public record electronically on a website designated by the Authority Such report if made shall be filed within 12 months of the end of the Fiscal Year or Years under examination The Treasurer is hereby directed to report in writing on the first day of July, October, January, and April of each year to the Board and the Members which report shall describe the amount of money held by the Treasurer for the Authority, the amount of receipts since the last such report, and the amount paid out since the last such report (which may exclude amounts held by a trustee or other fiduciary in connection with any Bonds to the extent that such trustee or other fiduciary provided regular reports covering such amounts ) Any costs of the audit, including contracts with, or employment of, certified public accountants or public accountants in making an audit pursuant to this Section, shall be borne by the Authority and shall be a charge against any unencumbered funds of the Authority available for that purpose hi any Fiscal Year the Board may, by resolution adopted by unanimous vote, replace the annual special audit with an audit covering a two -year period 7 LosAngeles /177272 1 �U Section 10. Funds. Subject to the applicable provisions of any Indenture, which may provide for a trustee or other fiduciary to receive, have custody of and disburse Authority funds, the Treasurer of the Authority shall receive, have the custody of and disburse Authority funds pursuant to the accounting procedures developed under Sections 3 C and 9, and shall make the disbursements required by this Agreement or otherwise necessary to carry out any of the provisions of purposes of this Agreement Section 11. Notices. Notices and other communications hereunder to the Members shall be sufficient if delivered to the clerk of the governing body of each Member, provided, however, that to the extent permitted by law, the Authority may, provide notices and other communications and postings electronically (including, without limitation, through email or by posting to a website) Section 12. Additional Members/Withdrawal of Members. Qualifying public agencies may be added as parties to this Agreement and become Members upon (1) the filing by such public agency with the Authority of an executed counterpart of this Agreement, together with a copy of the resolution of the governing body of such public agency approving this Agreement and the execution and delivery hereof, and (2) adoption of a resolution of the Board approving the addition of such public agency as a Member Upon satisfaction of such conditions, the Board shall file such executed counterpart of this Agreement as an amendment hereto, effective upon such filing A Member may withdraw from this Agreement upon written notice to the Board, provided, however, that no such withdrawal shall result in the dissolution of the Authority so long as any Bonds remain outstanding Any such withdrawal shall be effective only upon receipt of the notice of withdrawal by the Board which shall acknowledge receipt of such notice of withdrawal in writing and shall file such notice as an amendment to this Agreement effective upon such filing Section 13. Indemnification. To the full extent permitted by law, the Board may authorize indemnification by the Authority of any person who is or was a Director or an officer, employee of other agent of the Authority, and who was or is a party or is threatened to be made a party to a proceeding by reason of the fact that such person is or was such a Director or an officer, employee or other agent of the Authority, against expenses, including attorneys fees, ,judgments, fines, settlements and other amounts actually and reasonably incurred in connection with such proceeding, if such person acted in good faith in a manner such person reasonably believed to be in the best interests of the Authority and, in the case of a criminal proceeding, had no reasonable cause to believe the conduct of such person was unlawful and, in the case of an action by or in the right of the Authority, acted with such care, including reasonable inquiry, as an ordinarily prudent person in a like position would use under similar circumstances 8 LosAngeles /177272 1 1XV Section 14. Contributions and Advances. Contributions or advances of public funds and of the use of personnel, equipment or property may be made to the Authority by the Members for any of the purposes of this Agreement Payment of public funds may be made to defray the cost of any such contribution or advance Any such advance may be made subject to repayment, and in such case shall be repaid, in the manner agreed upon by the Authority and the Member making such advance at the time of such advance It is mutually understood and agreed to that no Member has any obligation to make advances or contributions to the Authority to provide for the costs and expenses of administration of the Authority, even though any Member may do so. The Members understand and agree that a portion of the funds of the Authority that otherwise may be allocated or distributed to the Members may instead be used to make grants, loans or provide other financial assistance to governmental units and nonprofit organizations (e g , the Foundation) to accomplish any of the governmental unit's or nonprofit organization's purposes Section 15. Immunities. All of the privileges and immunities from habrlrtres, exemptions from laws, ordinances and rules, and other benefits which apply to the activity of officers, agents or employees of Members when performing their respective functions within the territorial limits of their respective public agencies, shall apply to the same degree and extent to the Directors, officers, employees, agents or other representatives of the Authority while engaged in the performance of any of their functions or duties under the provisions of this Agreement Section 16. Amendments. Except as provided in Section 12 above, this Agreement shall not be amended, modified, or altered, unless the negative consent of each of the Members is obtained To obtain the negative consent of each of the Members, the following negative consent procedure shall be followed (a) the Authority shall provide each Member with a notice at least sixty (60) days prior to the date such proposed amendment is to become effective explaining the nature of such proposed amendment and this negative consent procedure, (b) the Authority shall provide each Member who did not respond a reminder notice with a notice at least thirty (30) days prior to the date such proposed amendment is to become effective, and (c) if no Member objects to the proposed amendment in writing within sixty (60) days after the initial notice, the proposed amendment shall become effective with respect to all Members Section 17. Effectiveness. This Agreement shall become effective and be in full force and effect and a legal, valid and binding obligation of each of the Members on the date that the Board shall have received from two of the Initial Members an executed counterpart of this Agreement, together with a certified copy of a resolution of the governing body of each such Initial Member approving this Agreement and the execution and delivery hereof 9 qq LosAngeles /177272 1 1 1 1 Section 18. Partial Invalidity. If any one or more of the terms, provisions, promises, covenants or conditions of this Agreement shall to any extent be adjudged invalid, unenforceable, void or voidable for any reason whatsoever by a court of competent jurisdiction, each and all of the remaining terms, provisions, promises, covenants and conditions of this Agreement shall not be affected thereby, and shall be valid and enforceable to the fullest extent permitted by law Section 19. Successors. This Agreement shall be binding upon and shall inure to the benefit of the successors of the parties hereto Except to the extent expressly provided herein, no Member may assign any right or obligation hereunder without the consent of the other Members Section 20. Miscellaneous. This Agreement may be executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. The section headings herein are for convenience only and are not to be construed as modifying or governing the language in the section referred to Wherever in this Agreement any consent or approval is required, the same shall not be unreasonably withheld This Agreement shall be governed under the laws of the State of California This Agreement is the complete and exclusive statement of the agreement among the Members, which supercedes and merges all prior proposals, understandings, and other agreements, whether oral, written, or implied in conduct, between and among the Members relating to the subject matter of this Agreement 10 LosAngeles /1772721 ,' IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested by their duly authorized representatives as of the day and year first above written Member COUNTY OF SAN DIEGO By _ Name Title- ATTEST By _ Name. Title 11 LosAngeles /177272 l 11 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested by their duly authorized representatives as of the day and year first above written. Member CITY OF SANTA CLARITA By _ Name Title ATTEST By _ Name Title LosAngeles /177272 I 1 1 F IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested by their duly authorized representatives as of the day and year first above written Member CITY OF OAKLAND By Name Title ATTEST By Name Title LosAngeles /177272 I 11 i 1 � • IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested by their duly authorized representatives as of the day and year first above written Member CITY OF EL SEGUNDO By _ Name Title ATTEST By — Name Title LosAngeles /177272 l 11 ! r) EL SEGUNDO CITY COUNCIL MEETING DATE: May 17, 2005 AGENDA ITEM STATEMENT AGENDA HEADING. New Business AGENDA DESCRIPTION: Consideration and possible action to send a letter supporting passage of AB 1576 (Nunez) seeking to eliminate impediments to the abilities of Investor owned utilities to enter into direct power purchasing contracts with specified independent power producers (Fiscal Impact None) RECOMMENDED COUNCIL ACTION, 1) Authorize the Mayor to send the attached correspondence stating the City's support of AB 1576, 2) Alternatively, discuss and take other action related to this Item BACKGROUND & DISCUSSION: Current law states that the Public Utilities Commission (PUC) has regulatory authority over public utilities and electrical corporations, including the Dynegy /NRG power plant located in El Segundo The law states that the PUC has to authority to fix the rates and charges for public utilities, and that those rates must be dust and reasonable Accordingly, the PUC has the authority to regulate contracts between utilities and power producers, thus creating significant regulatory authority over the conduct of that type of business AB 1576 would amend the law to specify that a utility's contract to purchase power from power plant that has been approved by the State Energy Commission for a " repowering" project would be deemed as "reasonable per se," thus allowing the utility to recover the costs of that contract through the electrical rates charged to consumers (Please see attached page marked "Background and Discussion ") ATTACHED SUPPORTING DOCUMENTS A copy of AB 1576 and draft a letter supporting the bill FISCAL IMPACT N/A Operating Budget: Amount Requested: Account Number: Project Phase: Appropriation Required- _Yes X No Mary Strenn, City Manager J Dynegy /NRG facility in El Segundo, that would be able to enter into direct power production contracts with investor owned utilities, such as Southern California Edison, without being subject to the PUC regulatory procedures The legislation is acknowledging that aging local power plants area strategic, but economically vulnerable, asset to the state The bill specifies that there are 23 power plants in the state which are eligible for repowering, but may be shut down permanently because of the costs associate with the repowering projects and the uncertainty of the electrical power market in California The Dynegy /NRG facility is included among those power plants If approved, the bill would allow utilities to enter into direct power purchasing agreements with the power plants as one method of providing financing for the approved re powering protects Many feel that current PUC regulations preclude the conduct of that type of business The ability of the Dynegy /NRG facility to enter into that type of agreement with SCE would allow the plant to run more frequently in the short term and would provide a stable source of income that would assist in the Iona term financina of the reoowerina oroiect for that facility. as W AMENDED IN ASSEMBLY APRIL 12, 2005 CALIFORNIA LEGISLATURE - 2005 -06 REGULAR SESSION ASSEMBLY BILL No. 1576 Introduced by Assembly Member Nunez February 22, 2005 An act lD relating to energy add Section 454 6 to the Public Utilities Code, relating to public utilities LEGISLATIVE COUNSEL'S DIGEST AB 1576, as amended, Nunez Electrical corporations rates repowering projects Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including electrical corporations Existing law authorizes the commission to fix the rates and charges for every public utility, and requires that those rates and charges be just and reasonable Under existing law, a public utility has a duty to serve, including furnishing and maintaining adequate, efficient, just and reasonable service, instrumentalities, equipment, and facilities as are necessary to promote the safety, health, comfort, and convenience of its patrons and the public The Public Utilities Act requires the commission to review and adopt a procurement plan for each electrical corporation in accordance with specified elements, incentive mechanisms, and objectives, including the requirement that the procurement plan enable the electrical corporation to fulfill its obligation to serve its customers at just and reasonable rates Existing law, until January 1, 2007, requires the State Energy Resources Conservation and Development Commission (Energy Commission) to establish a process for the expedited review of 98 _I 1 i :J AB 1576 —2— applications to construct and operate thermal powerplants and related facilities and for the expedited review of repowering projects This bill would require the commission to deem a contract entered into pursuant to a procurement plan by an electrical corporation for the output of a repowering project that meets specified criteria to be reasonable per se, and would require that the costs of that contract be recoverable in rates from all customers who benefit, taking into account any collateral requirements and debt equivalence associated with the contract "S' Vote majority Appropriation no Fiscal committee yes State - mandated local program no The people of the State of California do enact as follows 1 2 ftme 1'[Ied to read 3 SECTION 1 The Legislature finds and declares all of the 4 following 5 (a) It is in the public interest for the this state's electricity 6 generating fatalities to provide clean, reliable, efficient, and 7 affordable power to the state's electricity consumers 8 (b) Certain existing electric generating fatalities are 9 strategically located and interconnected to gas transmission 10 pipelines and the electric transmission system in a manner that 11 optimizes their reliability, deliverabthty, their cost - effectiveness, 12 and their ability to deliver power to load centers 13 (c) Many of these existing electric generating fatalities, while 14 located on optimal sates, exhibit less than optimal environmental 98 lei} 3— AB 1576 1 performance, reliability, and efficiency compared to facilities 2 that have been more recently permitted to operate 3 (d) According to the State Energy Resources Conservation and 4 Development Commission, a number of these older, less efficient 5 electric generating facilities are at a high risk of being retired in 6 the next several years As a result, their generating capacity, 7 which establishes a valuable reserve margin for the state, helps 8 to provide local reliability and voltage support, and alleviates 9 transmission congestion, will no longer be available 10 (e) Because of their strategic location and existing 11 infrastructure, it is in the best interest of the state to optimize the 12 use of these sites by repowering these facilities 13 69 Investment in repowered electric generating facilities 14 replaces our agingfacilities with more efficient and cost - effective 15 facilities that enhance environmental quality and provide 16 economic benefits to the communities in which they are located 17 (g) Therefore, it is in the public interest for the state to 18 facilitate investment to the repowermg of older, less - efficient 19 electric generating facilities in order to improve local area 20 reliability and enhance the environmental performance, 21 reliability, efficiency, and cost - effectiveness of these facilities 22 (h) An effective means for facilitating that investment, while 23 ensuring adequate ratepayer protection, is to authorize electrical 24 corporations to enter into long term contracts for the output from 25 these facilities on a cost -of- service basis 26 SEC 2 Section 454 6 is added to the Public Utilities Code, to 27 read 28 4546 (a) The commission shall deem a contract entered into 29 pursuant to Section 454 5 by an electrical corporation for the 30 output of a repowermg project that meets the criteria specified in 31 subdivision (b) to be reasonable per se, and the costs of that 32 contract shall be recoverable in rates from all customers who 33 benefit, taking into account any collateral requirements and debt 34 equivalence associated with the contract 35 (b) To be eligible for rate treatment in accordance with 36 subdivision (a), a project shall meet all of the following criteria 37 (1) The project is a modification of an existing generation unit 38 of a thermal powerplant that meets all of the following criteria 39 (A) The project complies with all applicable requirements of 40 federal, state, and local laws 98 ��Y AB 1576 MIM 1 (B) The project is located on the site of and within the existing 2 boundaries of an existing thermal facility 3 (C) The project will not require significant additional 4 rights -of -way for electrical or feel- related transmission facthttes 5 (D) The project will result in significant and substantial 6 increases in the efficiency of the production of electricity, 7 including, but not limited to, reducing the heat rate, reducing the 8 use of natural gas, reducing the use and discharge of water, and 9 reducing air pollutants emitted by the project, as measured on a 10 per kilowatthour basis 11 (2) The State Energy Resources Conservation and 12 Development Commission certifies that the project is eligible for 13 certification pursuant to Section 25550 5 of the Public Resources 14 Code 15 (3) The Independent System Operator or local system operator 16 certifies that the project is necessary for local area reliability, 17 and the commission or local governing body, as applicable, 18 concurs 19 (4) The project provides its output to consumers of this state at 20 the cost of generating that electricity, including a reasonable 21 return on the investment and the costs offinancing the project 22 26003 As used tf, this dt-viston, unless the eentext athermtse 23 regtttres 24 " 25 26 Pursttant to Seetton 26004, and 27 28 �ortty,ertewllte' the funettons of the 29 30 31 32 33 34 equired or ttsed fat -a 35 36 37 ndetures 38 40 P°O1iric`[icnror "fm4Trnr•H rin r 1 t � _. ... 98 �!)fl 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 -5- AB 1576 NNW ill I-.- - - - - 98 3�J MR F IJI WINN... 11111W 98 3�J AB 1576 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 —6— is - (2) For thts "eetiventfonal purposes OF subdwisjon, energy Mm is - (2) For thts "eetiventfonal purposes OF subdwisjon, energy 98 124 — 7 — AB 1576 0 98 1�J 1 14 of the &ttthertty 0 98 1�J i i / Office of the City Counci May 17, 2005 Elected Officials Kelly McDowell, Mayor John Games, Mayor Pro Tom Jim Boulgarldes, Council Member Eric Busch, The Honorable Fabian Nunez Council Member Cad Jacobson, Speaker, State Assembly Council Member C,ndy Monesen, State Capitol, Room 219 City Clerk Ralph LanRhere, Sacramento CA 95814 City Treasurer Re: IN SUPPORT OF Assembly Bill 1576 Appointed Officials Mary strand, Dear Speaker Nunez City Manager Marko Hensley, D'tyAdarney I am writing on behalf of the El Segundo City Council to support your bill AB 1576 We believe strongly that existing electrical power generating facilities in Department Directors California are strategic assets that will prove extremely valuable in the future Jethey Stewart, Your bill provides a reasonable framework of ensuring a stable source of Public y Manager/ c WOrks revenue that will assist in the necessary repowering of 23 power plants in Bre'Admn°sfredee Services California The future benefits of newly reconstructed power plants In California Norm Angelo, Fire Chief are enormous, and we believe that AB 1576 would help ensure that future Debra Brighton, Library Juris, Cable Services Se�mlan In addition, AB 1576 would benefit the El Segundo community specifically The inga Safety ng and Building bill would help ensure the short term operation of a local electric power Ja`PWcaChief generation facility, which would provide revenue for the City However, even SfacRecreation 6 Parks more important, the bill would provide a practical mechanism allowing the company to obtain a needed source of the revenue necessaryforthe repowering project that has been approved for that facility We believe it is very possible that the facility might cease operations entirely if it is not allowed to operate under the www elsegundo org current rules By allowing the plant to obtain power generation contracts with investor owned utilities, AB 1576 provides a powerful tool whereby the long term prospects for the facility, and 22 others like it in California, improve considerably -1 r r 350 Main Street, El Segundo, California 90245 -3813 1 Phone (310) 524 -2302 FAX (310) 322 -7137 The Honorable Fabian Nunez, Speaker, State Assembly May 17, 2005 Page 2 AB 1576 is a measure that appropriately addresses some of the factors that exist currently in California's dysfunctional electrical power market We strongly support the bill as part of a long -term solution Sincerely, CITY OF EL SEGUNDO Kelly McDowell, Mayor John G Gaines, Mayor Pro Tem Jim Boulgandes, Council Member Eric K Busch, Council Member Carl Jacobson, Council Member 350 Main Street, El Segundo, California 90245 -3813 Phone (310) 524 -2302 FAX (310) 322 -7137 1 Background and Discussion (con't): Specifically, the bill would create a class of power production facdties, such as the Dynegy /NRG facility in El Segundo, that would be able to enter into direct power production contracts with investor owned utilities, such as Southern California Edison, without being subject to the PUC regulatory procedures. The legislation is acknowledging that aging local power plants area strategic, but economically vulnerable, asset to the state The bill specifies that there are 23 power plants in the state which are eligible for repowering, but may be shut down permanently because of the costs associate with the repowering projects and the uncertainty of the electrical power market in California The Dynegy /NRG facility is included among those power plants If approved, the bill would allow utilities to enter into direct power purchasing agreements with the power plants as one method of providing financing for the approved repowering projects Many feel that current PUC regulations preclude the conduct of that type of business The ability of the Dynegy /NRG facility to enter into that type of agreement with SCE would allow the plant to run more frequently in the short term and would provide a stable source of income that would assist in the long term financing of the repowering project forthat facility, as approved by the State Energy Commission The City of El Segundo would benefit from the continued operation of the power plant. Accordingly, staff recommends the City Council's support for AB 1576 as a prudent method of helping ensure that existing power production facilities remain viable in an unstable electrical power market �i8 EL SEGUNDO CITY COUNCIL MEETING DATE. May 17, 2005 AGENDA ITEM STATEMENT AGENDA HEADING. Reports —Mayor Kelly McDowell AGENDA DESCRIPTION Consideration and possible action to send a letter supporting locomotive and rail yard emissions reduction and mitigation bills (AB 888, AB 1222 and SB 459), which seek to mitigate emissions from railroads RECOMMENDED COUNCIL ACTION. 1) Authorize the Mayor to send correspondence stating the City's support of AB 888, AB 1222 and SB 459, 2) Alternatively, discuss and take other action related to this item BACKGROUND & DISCUSSION Lack of adequate emission reductions from mobile sources, including trains, are preventing our region from achieving clean air standards by the legally mandated federal deadline AB 888, AB 1222 and SB 459 will help implement control strategies to mitigate emissions from locomotives and establish other mitigation programs The South Coast Air Basin is one of two "extreme" non - attainment areas for ozone in the country with the worst air pollution And additional emission reductions will be required for the region to meet the new federal clean air standards between 2010 and 2021 To continue to foster a strong economy in our region, we cannot rely only on businesses to tighten their operations to further control emissions We believe the time is right to look to sources in this region that are not currently contributing their fair share of emission reductions, such as locomotive operations, which are one of the single largest sources of air pollution in the South Coast Air Basin It is critical that this emission source be mitigated Health studies have linked particulate pollution to lung cancer and the health and welfare of people who live and work in the vicinity of rail traffic is seriously impacted To date, the following South Bay entities have shown their support for this Air Quality Management District (AQMD) sponsored legislation League of California Cities (State and LA County Division), California Contract Cities Association, South Bay Cities Council of Governments, Cities of Gardena, Rolling Hills Estates, Lomita, Torrance, Redondo Beach, Inglewood, Hermosa Beach, Palos Verdes Estates and Hawthorne It is recommended that City Council letters of support for this legislation be sent to the Legislature with copies to the AQMD ATTACHED SUPPORTING DOCUMENTS 1) A copy of AB 888, AB 1222 and SB 459, FISCAL IMPACT. Operating Budget N/A Amount Requested. Account Number. Project Phase Appropriation Required. _Yes X No ORII ATE BY- DATE May 10, 2005 DATE May /0,2005 1 4 AB 888 Assembly Bill - INTRODUCED Page 1 of 4 BILL NUMBER AB 888 INTRODUCED BILL TEXT INTRODUCED BY Assembly Member De La Torre FEBRUARY 18, 2005 An act to add Article 9 (commencing with Section 40550) to Chapter 5 5 of Part 3 of Division 26 of the Health and Safety Code, relating to air pollution LEGISLATIVE COUNSEL'S DIGEST AB 888, as introduced, De La Torre Air pollution South Coast Air Quality Management District rail yard equipment emissions (1) Existing law designates the State Air Resources Board as the state agency charged with coordinating efforts to attain and maintain ambient air quality standards Existing law generally designates the state board as the state agency with the primary responsibility for the control of vehicular air pollution, and air pollution control districts and air quality management districts with the primary responsibility for the control of air pollution from all sources other than vehicular sources Existing law, the Lewis- Presley Air Quality Management Act, designates the South Coast Air Quality Management District (south coast district) as the sole and exclusive authority within the South Coast Air Basin with the responsibility for comprehensive air pollution control Existing law, the federal Clean Air Act, prohibits any state from adopting or enforcing any standard relating to the control of emissions from new motor vehicles or new motor vehicle engines, but requires the Administrator of the federal Environmental Protection Agency to waive that prohibition, or authorize a state to adopt and enforce standards relating to motor vehicles or motor vehicle engines or to nonroad vehicles or nonroad engines, if a state determines that its standards are at least as protective of human health as the federal standards This bill would authorize the south coast district to establish a rail yard equipment emission reduction program by permitting the south coast district to adopt regulations requiring the owner or lessee of any heavy -duty motor vehicle, nonroad engine, or nonroad vehicle to install retrofit controls or replace existing equipment with clean technologies to reduce emissions of air contaminants to the maximum extent feasible, if that vehicle or engine operates substantially in a rail yard within the south coast district, as determined by the south coast district The bill would specify that a regulation adopted pursuant to the bill that is applicable to motor vehicles shall not be implemented until January 1, 2007 The bill would also require the State Air Resources Board to submit any regulations adopted by the south coast district to the federal Environmental Protection Agency for a waiver or authorization, unless the state board makes certain findings This bill would preclude the south coast district from adopting any regulation within the scope of preemption established by federal regulations This bill would declare that if any of its provisions are held invalid, that invalidity shall not affect the validity of other provisions of the bill to the extent the provisions are severable http / /ct2k2 capitoltrack com/Bills /asm/ab_ 0851- 0900 /ab_888_bill_20050218_mtroduced 5/10/2005 AB 888 Assembly Bill - INTRODUCED Page 2 of 4 (2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state Statutory provisions establish procedures for making that reimbursement This bill would provide that no reimbursement is required by this act for a specified reason Vote majority Appropriation no Fiscal committee yes State - mandated local program yes THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS SECTION 1 (a) The Legislature finds and declares all of the following (1) Federal and state health -based ambient air quality standards for ozone and particulates are exceeded regularly and by a wide margin in the South Coast Air Basin The South Coast Air Basin is one of two areas in the United States designated as extreme nonattainment for the National Ambient Air Quality Standard for ozone Attaining this standard will require extraordinary efforts by federal, state, and local regulatory authorities working in concert (2) The federal Environmental Protection Agency recently adopted more stringent 8 -hour ozone and PM2 5 particulate standards that will require even greater emission reductions in the South Coast Air Basin The South Coast Air Basin is designated "Severe 17" for the 8 -hour ozone standard, the worst in the nation (3) Air pollution from rail yard equipment, including yard- tractors, hostlers, cranes, fork lifts and other mobile source equipment primarily fueled with diesel fuel, contribute to conditions that exceed federal and state ozone and particulate standards in the South Coast Air Basin (4) Diesel exhaust is designated as a toxic air contaminant and accounts for over 70 percent of the cancer risk from air contaminants in southern California Communities near rail yards, including, but not limited to, low- income communities and communities of minority populations, are adversely impacted by toxic exhaust from diesel- powered rail yard equipment In October 2004, the state board released a study of cancer risks in the vicinity of a rail yard in Roseville, California, which estimated that persons in the vicinity of the rail yard are exposed to diesel exhaust at a level that creates a cancer risk of 500 in one million Emissions from rail yards in the south coast district contribute to regional cancer risks that have been estimated by the district to average 1,400 in a million, with higher risk levels in the vicinity of transportation sources (5) Emissions from equipment within rail yards are expected to rise as train traffic increases due to increases in international trade In order to attain state and federal standards for ozone and particulates, as well as to reduce toxic air contaminants, it is necessary that emissions from rail yard equipment be further controlled (6) Existing state law authorizes the south coast district to adopt regulations controlling emissions from nonvehicular sources, including nonroad engines or vehicles, and authorizes the California Air Resources Board to adopt regulations controlling emissions from vehicular sources Federal law requires that a waiver or authorization be obtained from the federal Environmental Protection's 3(} Agency for certain standards or other requirements relating to the http /lct2k2 capitoltrack com/Bills/asm/ab-0851-0900/ab-898—bill-20050219-1ntroduced 5/10/2005 AB 888 Assembly Bill - INTRODUCED control of emissions from specified engines and vehicles (7) New technologies to reduce diesel particulate and ozone precursor emissions at rail yards are available and are cost - effective The emission reduction technologies include low sulfur diesel fuel, particulate matter traps, NOx reduction catalysts, emulsified diesel fuel, and other technologies (8) In 1998, the state board entered into a memorandum of understanding with the Burlington Northern and Santa Fe Railway Company, and the Union Pacific Railroad Company, under which the railroads agreed to utilize by 2010 locomotives in the South Coast Air Basin that meet a specified fleet average emissions limitation The memorandum of understanding does not contain provisions pertaining to rail yard equipment (9) The memorandum of understanding referred to in paragraph (8) provides that the railroads may terminate the agreement in the event the state or any political subdivision takes any action to establish any requirement applicable to locomotives or locomotive engines that is within the scope of the preemption established in the Emission Standards for Locomotives and Locomotive Engines adopted by the federal Environmental Protection Agency on April 16, 1998, as set forth in Parts 85, 89, and 92 of Title 40 of the Code of Federal Regulations (10) The authorization in this act for establishment by the south coast district of a rail yard equipment emission reduction program does not include adoption by the district of a regulation that would constitute a requirement applicable to locomotives that is within the scope of federal preemption referred to in the memorandum of understanding between the state board and the participating railroads It is therefore necessary to implement legislation to authorize the South Coast Air Quality Management District to implement a rail yard equipment emission reduction program (b) It is the intent of the Legislature to provide authorization for the South Coast Air Quality Management District to implement a rail yard equipment emission reduction program SEC 2 Article 9 (commencing with Section 40550) is added to Chapter 5 of Part 3 of Division 26 of the Health and Safety Code , to read Article 9 RAIL YARD EQUIPMENT EMISSION REDUCTION PROGRAM Page 3 of 4 40550 The purpose of this article is to authorize the south coast district to establish a rail yard equipment emission reduction program, to decrease the emissions from equipment within rail yards in the south coast district 40551 (a) The south coast district may adopt regulations requiring the owner or lessee of any heavy -duty motor vehicle, nonroad engine, or nonroad vehicle to install retrofit controls or replace existing equipment with clean technologies to reduce emissions of air contaminants to the maximum extent feasible, as determined by the south coast district, if that vehicle or engine operates substantially in a rail yard within the south coast district, as determined by the south coast district A regulation adopted pursuant to this section that is applicable to motor vehicles shall not be implemented until January 1, 2007 (b) The state board shall submit any regulations adopted by the district pursuant to this section to the federal Environmental Protection Agency for a waiver or authorization pursuant to subdivision (b) or (e), as applicable, of Section 7543 of Title 42 of the United States Code, if the south coast district board makes the determinations required by those subdivisions, unless the state board finds, based on evidence 1 4 http / /ct2k2 capitoltrack com/Bills/asm/ab-0851-0900/ab-888—bill-20050218—introduced 5/10/2005 AB 888 Assembly Bill - INTRODUCED Page 4 of 4 presented at a public hearing, that either of the following apply (1) The proposed waiver or authorization is unnecessary in order for the south coast district to implement the regulations (2) The proposed waiver or authorization cannot lawfully be granted by the federal Environmental Protection Agency, and no actions could be taken by the state board that would allow the grant of that waiver or authorization Unless the state board makes one of the findings specified in paragraph (1) or (2), the state board shall expeditiously take any actions necessary to enable the federal Environmental Protection Agency to grant a waiver or authorization, including making any required findings or undertaking any required rulemaking The south coast district shall reimburse the state board for any costs incurred by the state board in implementing this subdivision (c) For the purposes of this section, "motor vehicle," "nonroad engine," and "nonroad vehicle" have the same meaning as those terms are defined in Section 7550 of Title 42 of the United States Code (d) This section does not apply to new locomotives or new engines used in locomotives as those terms are used in Section 7543 of Title 42 of the United States Code (e) It is the intent of the Legislature that, in adopting regulations pursuant to this section, the south coast district board grant priority to reducing emissions of air contaminants from vehicles and engines that contribute to air pollution problems, or the public health risks associated with air contaminants, including, but not limited to, airborne toxics and particulate matter, in communities adjacent to rail lines within the south coast district with the most significant exposure to air contaminants, localized air contaminants, or both, including, but not limited to, communities of low- income populations (f) The south coast district may not adopt or implement any regulation pursuant to this section if the state board has adopted a regulation achieving at least the same percentage amount of emission reductions from the same sources 40552 (a) The provisions of this article shall be effective notwithstanding any other provision of law and to the extent permissible under federal law This article does not authorize the south coast district to adopt any regulation that is within the scope of preemption established by Section 7543 of Title 42 of the United States Code (b) If any provision of this article or the application thereof to any person or circumstance is held invalid, it is the intent of the Legislature that the invalidity not affect other provisions or applications of the division that can be given effect without the invalid provision or application, and to this end the provisions of this article are severable (c) This article does not limit the authority of the south coast district established by preexisting law SEC 3 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district are the result of a program for which legislative authority was requested by that local agency or school district, within the meaning of Section 17556 of the Government Code and Section 6 of Article XIII B of the California Constitution http / /ct2k2 capitoltrack com/Bills /asm /ab_ 0851- 0900 /ab_888_bill_20050218_mtroduced 5/10/2005 AB 1222 Assembly Bill - INTRODUCED Page 1 of 3 BILL NUMBER AS 1222 INTRODUCED BILL TEXT INTRODUCED BY Assembly Member Jones FEBRUARY 22, 2005 An act to add Part 5 5 (commencing with Section 44275) to Division 26 of the Health and Safety Code, relating to air pollution LEGISLATIVE COUNSEL'S DIGEST AB 1222, as introduced, Jones Air pollution Locomotive Air Pollution Control High - Polluting Locomotive Program Existing law designates the State Air Resources Board as the state agency charged with coordinating efforts to attain and maintain ambient air quality standards Existing law generally designates the state board as the state agency with the primary responsibility for the control of vehicular air pollution, and air pollution control districts and air quality management districts with the primary responsibility for the control of air pollution from all sources other than vehicular sources This bill would establish the High - Polluting Locomotive Program, and would require the State Air Resources Board to encourage voluntary testing, repair, maintenance or replacement of high - polluting locomotives by their owners or operators, as provided This bill would, among other things, require the state board to establish a remote sensing program to determine the levels of air contaminants emitted by locomotives during operations, and would require the state board to identify and notify the public and the owners and operators of the operation of a high - polluting locomotive, as defined This bill would also require the state board to notify the California Public Utilities Commission of any circumstance in which operation of a high - polluting locomotive may endanger the public health and safety of railroad employees, passengers, and the general public The bill would permit the state board to impose a fee on owners or operators of locomotives operating within the state for the purpose of recovering costs of the program, as provided This bill would make legislative findings and declarations relating to the emissions of air contaminants in the state by locomotives This bill would declare that if any of its provisions are held invalid, that invalidity shall not affect the validity of other provisions of the bill to the extent they are severable Vote majority Appropriation no Fiscal committee yes State - mandated local program no THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS SECTION 1 Part 5 5 (commencing with Section 44275) is added to Division 26 of the Health and Safety Code , to read- PART 5 5 Locomotive Air Pollution Control 133 http / /ct2k2 capitoltrack com/Bills /asm/ab_1201- 1250/ ab_1222_bill_20050222_mtroduced 5/10/2005 AB 1222 Assembly Bill - INTRODUCED Page 2 of 3 44275 The Legislature finds and declares all of the following (a) Over 90 percent of Californians breathe unhealthful air California's air pollution control programs for mobile sources and fuels have helped to reduce emissions of air contaminants, but significant additional reductions in mobile source emissions are needed for the state to attain and maintain state and national ambient air quality standards, and to reduce the effects of emissions of toxic air contaminants such as diesel exhaust (b) Locomotives create a large amount of air pollution in California The state board estimates that the locomotives emit over _ tons of smog - forming nitrogen oxides per day in the state Locomotive exhaust also includes diesel particulate, which are designated toxic air contaminants based on carcinogenic effects Because of the size of locomotive engines, the close proximity of their operations to populated areas, and the toxic nature of diesel exhaust, high - polluting locomotives can pose a unique risk to public health and safety (c) New technologies such as remote sensing can identify high - polluting locomotives and promote their repair, maintenance, or replacement (d) Promoting repair, maintenance, or replacement of high- polluting locomotives is a cost - effective method to reduce emissions and help achieve air quality standards throughout the state (e) People residing or working in close proximity to locomotive operations have a right to be informed regarding locomotive emissions that may affect the quality of air that those people breathe 44276 (a) The High - Polluting Locomotive Program is hereby established as provided in this section (b) The state board shall establish a program to encourage voluntary testing, repair, maintenance, or replacement of high - polluting locomotives by their owners or operators The program shall include all of the following elements (1) Remote sensing or other techniques and technologies carried out by or on behalf of the state board to identify high - polluting locomotives In implementing this paragraph, the state board shall establish a remote sensing program to determine levels of nitrogen oxides, particulates, and, if feasible, other air contaminants emitted by locomotives during operation A locomotive shall be deemed to be "high - polluting" pursuant to this paragraph if it is determined through remote sensing or other means to emit air contaminants at a rate that is determined by the state board to meet any of the following (A) Is inconsistent with best repair and maintenance practices (B) Is 25 percent or more in excess of certification standards applicable to the locomotive, or, if no certification standard is applicable, at a rate 25 percent or more in excess of average emission rates for similar, well - maintained locomotives (C) Is likely within the top 20 percent of emissions rates of locomotives operating in the nonattainment area, including, but not limited to, locomotives of any age that are in line haul or switcher service (2) Notification procedures to inform the locomotive owner or operator and the public regarding the operation of a locomotive determined to be high - polluting The notification procedures shall include notification in writing to the owner or operator of any high- polluting locomotive that the locomotive has been identified as high - polluting, and that continued operation of the locomotive may contribute to adverse effects on the health of Californians The state board shall require the owner or operator of the locomotive to http //OM capitoltrack com/Bills/asm/ab-1201-1250/ab-1222—bill-20050222—introduced 5/10/2005 AB 1222 Assembly Bill - INTRODUCED publicly identify information regarding the emissions characteristics of the locomotive, and any actions the owner or operator has taken or will take to reduce emissions from the locomotive or to replace the locomotive with a lower emitting unit (3) A public data bank for the purpose of tracking the testing, repair, maintenance, and replacement of high - polluting locomotives (c) The state board shall notify the California Public Utilities Commission of any circumstance in which operation of a high - polluting locomotive may endanger the public health and safety of railroad employees, passengers, and the general public (d) The state board shall adopt any regulations that are necessary to enable the board to implement this section These regulations may include, but are not limited to, requirements for the owner or operator of a locomotive to provide information regarding the age, model, or maintenance, rebuild, or remanufacture history of a locomotive, or, to the extent that it is reasonably available, information regarding the operating parameters of the locomotive at the time its emissions were subjected to remote sensing. (e) If any provision of this section or the application thereof to any person or circumstance is held invalid, it is the intent of the Legislature that the invalidity not affect other provisions or applications of the section that can be given effect without the invalid provision or application, and to this end the provisions of this section are severable 44277 The state board, at a public hearing, may impose a fee on owners or operators of locomotives operating within the state for the purpose of recovering the costs of implementing the High - Polluting Locomotive Program The board may contract with another state agency for the collection of the fees authorized by this section Page 3 of 3 1 ai �l http / /ct2k2 capitoltrack com/Bills /asm/ab_ 1201 - 1250/ ab_1222_bill_20050222_mtroduced 5/10/2005 SB 459 Senate Bill - AMENDED Page 1 of 5 BILL NUMBER SB 459 AMENDED BILL TEXT AMENDED IN SENATE APRIL 12, 2005 INTRODUCED BY Senator Romero FEBRUARY 18, 2005 An act to add Article 4 5 (commencing with Section 40459 5) to Chapter 5 5 of Part 3 of Division 26 of the Health and Safety Code, relating to air pollution LEGISLATIVE COUNSEL'S DIGEST SB 459, as amended, Romero Air pollution South Coast Air Quality Management District emissions of air contaminants locomotives (1) Existing law designates the State Air Resources Board as the state agency charged with coordinating efforts to attain and maintain ambient air quality standards Existing law generally designates the state board as the state agency with the primary responsibility for the control of vehicular air pollution, and air pollution control districts and air quality management districts with the primary responsibility for the control of air pollution from all sources other than vehicular sources Existing law, the Lewis- Presley Air Quality Management Act, designates the South Coast Air Quality Management District (south coast district) as the sole and exclusive authority within the South Coast Air Basin with the responsibility for comprehensive air pollution control Existing law, the federal Clean Air Act, prohibits any state from adopting or enforcing any standard relating to the control of emissions from new motor vehicles or new motor vehicle engines, but requires the Administrator of the federal Environmental Protection Agency to waive that prohibition, or authorize California to adopt and enforce standards relating to nonroad vehicles and locomotives, if California determines that the state standards are at least as protective of human health as the federal standards This bill would authorize the south coast district to adopt a locomotive emission impact mitigation fee to be imposed on specified railroad companies that operate in whole or in part within the County of Los Angeles, the County of Orange, the County of Riverside, the County —4w-- of San Bernardino, or any combination thereof, if specified requirements are met This bill would also authorize the south coast district to expend the revenues derived from the mitigation fee for specified purposes, and in a manner that directly reduces air contaminants or reduces the public health risks associated with air contaminants, including the funding of a program of projects to reduce emissions This bill would exempt any passenger rail equipment operating in the south coast district from the provisions of the bill, and would make legislative findings and declarations relating to the emissions of air contaminants contributed to the South Coast Air Basin by locomotives The bill would expressly preclude the south coast district from adopting any regulation within the scope of preemption established by federal law, as provided This bill would also express the Legislature's intent that if any provision of this act is held invalid, that invalidity not affect other provisions of this A. `$ http //ct2k2 caprtoltrack com/Bills/sen/sb-0451-0500/sb-459—bill-20050412—amended—se 5/10/2005 SB 459 Senate Bill - AMENDED Page 2 of 5 act bill as specified (2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state Statutory provisions establish procedures for making that reimbursement This bill would provide that no reimbursement is required by this act for a specified reason Vote majority Appropriation no Fiscal committee yes State - mandated local program yes THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS SECTION 1 The Legislature finds and declares all of the following (a) Air pollution emissions from locomotives in the South Coast Air Basin contribute significantly to conditions that exceed state and federal ozone and particulate matter standards, as well as emissions of diesel exhaust, a toxic air contaminant (b) The primary authority to adopt emission standards for new locomotives resides with the federal government (c) In order to attain state and federal standards for ozone and particulate matter, it is necessary that the air quality impact caused by emissions from locomotives be mitigated (d) One means of mitigating the impacts of emissions from locomotives is by funding programs to reduce the same types of emissions from those sources that contribute to ozone, particulate matter, or toxic air pollution (e) Unless and until the federal Environmental Protection Agency adopts regulations requiring locomotives in the South Coast Air Basin to achieve all feasible emission reductions as necessary to meet federal clean air standards, the South Coast Air Quality Management District should be authorized to adopt a locomotive emission impact mitigation program That program could include a mitigation fee for locomotive emissions that is based on the -A bTlcrramctzvoc,— hours of operation —, 9- within the South Coast Air Basin (f) In 1998, the State Air Resources Board entered into a memorandum of understanding with the Burlington Northern and Santa Fe Railway Company, and the Union Pacific Railroad Company, under which the railroads agreed to utilize locomotives in the South Coast Air Basin that meet certain emissions limitations Substantial time has elapsed since the agreement was signed, and the agreement no longer potentially contains the best available air pollution controls for the time period covered by the agreement (g) The memorandum of understanding referred to in subdivision (f) provides that the participating railroads may terminate the agreement in the event the state or any political subdivision of the state takes any action to establish any requirement applicable to locomotives or locomotive engines that is within the scope of the preemption established in the Emission Standards for Locomotives and Locomotive Engines adopted by the federal Environmental Protection Agency on April 16, 1998, as set forth in 40 C F R Parts 85, 89, and 92 (h) The authorization in this act for the establishment by the South Coast Air Quality Management District of a locomotive emissions impact mitigation fee does not include adoption by the district of a regulation that would constitute a requirement applicable to http //ct2k2 capitoltrack com/Bills/sen/sb-0451-0500/sb-459—bill-20050412—amended—se 5/10/2005 SB 459 Senate Bill - AMENDED Page 3 of 5 locomotives that is within the scope of federal preemption referred to in the memorandum of understanding between the State Air Resources Board and the participating railroads SEC 2 Article 4 5 (commencing with Section 40459 5) is added to Chapter 5 5 of Part 3 of Division 26 of the Health and Safety Code , to read Article 4 5 Locomotive Emission Impact Mitigation 40459 5 The purpose of this article is to authorize the establishment of a locomotive emission impact mitigation program in the south coast district 40459 6 (a) On or before July 1, 2006, in a public hearing, the south coast district board shall confirm that mitigation of the impacts caused by locomotive emissions will be reasonably necessary to attain state or federal ambient air quality standards or to prevent significant risk to human health from toxic air contaminants (b) The south cost district board shall establish an advisory committee to make recommendations to the south coast district board on all of the following (1) The determination made by the south coast district board pursuant to subdivision (a) (2) The amount of the mitigation fee imposed pursuant to Section 40459.7. (3) The program of projects funded by fee revenues adopted pursuant to Section 40459 8 (c) The south coast district board shall consider at a public meeting any recommendations of the advisory committee established pursuant to subdivision (b), in making the determination described in subdivision (a) 40459 7 (a) On or after July 1, 2006, the south coast district board may adopt by regulation a reasonable mitigation fee to be imposed upon railroad companies that operate in whole or in part within the County of Los Angeles, the County of Orange, the County of Riverside, the County of San Bernardino, or any combination thereof, if both of the following requirements are satisfied (1) The south coast district board confirms pursuant to subdivision (a) of Section 40459 6 that the mitigation of locomotive emission impacts will be reasonably necessary to attain state or federal ambient air quality standards or to prevent significant risk to human health from toxic air contaminants (2) The south coast district board has made all of the following findings (A) There is a clear nexus between the activities for which the fee is charged and the pollution impacts sought to be mitigated (B) The fee is necessary to mitigate the adverse impacts on health and the environment caused by air pollution resulting from the activities for which the fee is imposed (C) The fee does not exceed the reasonable costs of mitigating the identified air pollution impacts resulting from those operations, including vehicle idling at rail crossings (D) The fee will not result in a significant adverse impact on air quality in any area in the south coast district as a result of shifting traffic from rail to other forms of transportation (E) The fee is apportioned in a manner that bears a fair and reasonable relationship to the air pollution impacts caused by each fee payer's operations (b) The fee adopted and imposed pursuant to subdivision (a) shall be based on the ^` ^, , ^ ^a '�• �'^^ , ^ ^ ^^ + ;> t: U http / /ct2k2 capitoltrack com/Bills/sen/sb-0451-0500/sb-459—bill-20050412—amended—se 5/10/2005 SB 459 Senate Bill - AMENDED Page 4 of 5 hours of operation by the locomotives —I Qi; b�tbr within the South Coast Air Basin In determining the amount of the fee to be imposed, the south coast district board shall consider at a public meeting any recommendations of the advisory committee established pursuant to subdivision (b) of Section 40459 6 (c) (1) The revenues resulting from the imposition of the fee described in subdivision (a) may only be used by the south coast district to mitigate the emission impacts of the activity or activities for which the fee is imposed, including, but not limited to, mitigating or avoiding emissions from vehicle idling at rail crossings in the Counties of Los Angeles, Orange, Riverside, or San Bernardino (2) The south coast district shall ensure that the funds are expended in a manner that directly reduces air contaminants or reduces the public health risks associated with air contaminants, including, but not limited to, airborne toxics and particulate matter, in communities adjacent to rail lines within the south coast district with the most significant exposure to air contaminants or localized air contaminants, or both, including, but not limited to, communities of low- income populations (d) Not more than 5 percent of the annual revenues derived from the fee may be used for administration of the fee and the mitigation program established by this article, including mitigating or avoiding emissions from vehicle idling at rail crossings This 5- percent limitation shall not include actual program implementation (e) Notwithstanding the authority granted to the south coast district board pursuant to subdivision (a), the south coast district board may not impose a mitigation fee and shall repeal, by regulation, the imposition of any fee previously adopted pursuant to subdivision (a) if all of the affected railroads have entered into binding agreements with the south coast district, or if the United States Environmental Protection Agency has adopted emission regulations applicable to locomotives such that the agreements or regulations will, in conjunction with projected emission reductions from other sources, result in timely attainment of state and federal ambient air quality standards and prevent significant risk to human health from toxic air contaminants, as determined by the south coast district 40459 8 (a) Prior to expending any revenues resulting from the imposition of the mitigation fee authorized by Section 40459 7, the south coast district board shall adopt a program of projects for the expenditure of revenues, after holding at least one public hearing, and taking into consideration any recommendations of the advisory committee established pursuant to Section 40459 6 (b) The program of projects shall include both of the following (1) An identification of proposed expenditures that sets forth the expected costs and the quantitative and qualitative emission reduction benefits of each proposed project (2) An identification of the cost - effectiveness of each proposed project, or in the case of an air toxics emission reductions project, a quantification of the expected benefit of each project (c) Within 18 months after first adopting a program of projects as specified in this section, and by March 31 of each year thereafter, the south coast district shall issue a public report that sets forth all of the following (1) The revenue received as mitigation fees in the prior fiscal year (2) The actual costs of each project funded during the prior http //ct2k2 caprtoltrack com/Bills /sen/sb_ 0451- 0500 /sb_459_bill_20050412_amended _ se 5/10/2005 SB 459 Senate Bill - AMENDED Page 5 of 5 fiscal year (3) The emissions benefit achieved during the prior fiscal year (4) A comparison, set forth by each project, of the emissions benefits achieved and the expected costs (5) Any problems that were encountered in implementing the projects during the prior fiscal year (6) The impact of activities associated with each program on communities in the district with the most significant exposure to air contaminants or toxic air contaminants, or both, including, but not limited to, communities of minority populations and communities of low- income populations (d) (1) Prior to the issuance of the report required by subdivision (c), the south coast district shall conduct public workshops, including, but not limited to, public workshops in each of the four counties within the district in communities near rail yards in the district with the most significant exposure to air contaminants, toxic air contaminants, or both, including, but not limited to, communities of minority populations and communities of low- income populations (2) The south coast district shall solicit public comments at the workshops regarding the ability of the areas within the South Coast Air Basin to attract and maintain businesses in communities near railroads or rail yards with the most significant exposure to air contaminants, localized air contaminants, or both, including, but not limited to, communities of minority populations and communities of low - income populations (3) The south coast district shall .incorporate all comments received as a result of the public workshops conducted pursuant to this subdivision into the report required by subdivision (c) 40459 9 This article does not apply to any passenger rail equipment operating in the south coast district 40459 10 (a) The provisions of this article shall be effective notwithstanding any other provision of law and to the extent permissible under federal law This article does not authorize the south coast district to adopt any regulation that is within the scope of preemption established in Section 85 1603 of Title 40 of the Code of Federal Regulations (b) If any provision of this article or the application thereof to any person or circumstance is held invalid, it is the intent of the Legislature that the invalidity not affect other provisions or applications of the division that can be given effect without the invalid provision or application, and to this end the provisions of this article are severable SEC 3 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district are the result of a program for which legislative authority was requested by that local agency or school district, within the meaning of Section 17556 of the Government Code and Section 6 of Article XIII B of the California Constitution 14 0 http //ct2k2 capitoltrack com /Bills /sen/sb_0451- 0500/sb_459 bill_20050412_amended se 5/10/2005 "QV, EL SEGUNDO CITY COUNCIL MEETING DATE: May 17, 2005 AGENDA ITEM STATEMENT AGENDA HEADING. Mayor Kelly McDowell AGENDA DESCRIPTION. Consideration and possible action regarding the formation of an ad -hoc subcommittee consisting of two City Council Members to review and monitor proposed housing legislation for the purposes of making recommendations to the Council to support or oppose proposed legislative items COUNCIL ACTION' 1) Approve the formation of a Council ad -hoc subcommittee to review and monitor housing legislation through January 1, 2006, 2) Appoint two City Council Members to the subcommittee; and /or 3) Alternatively, discuss and take other action related to this item BACKGROUND & DISCUSSION The State of California government has declared that a housing shortage exists for the state In the past a number of state legislators have reacted to this finding by proposing housing legislation that would have preempted a city's control overland use regulation Previous bills that have failed attempted to require local governments to allow additional housing units in restricted zones without determining the impacts to the local community. Because of the statewide housing shortage, there is reason to believe that additional legislation which threatens local land use control will be forthcoming I propose that a Council ad -hoc subcommittee be formed that will monitor future housing legislation and allow the City an opportunity to (i) act meaningfully to influence pending legislation and (ii) develop recommendations for legislation more consistent with the City's interests The proposed new subcommittee will sunset on January 1, 2006 ATTACHED SUPPORTING DOCUMENTS. None FISCAL IMPACT. Capital Improvement: NIA Amount Requested, N/A Account Number: N/A Project Phase- N/A Appropriation Required —Yes X No ORIGINATED BY- DATE- REVIEWED BY Mary Strenn, City Manager i 11 1