2006 OCT 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 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, OCTOBER 17, 2006 - 5:00 P.M. 5:00 P.M. SESSION CALL TO ORDER ROLL CALL Next Resolution # 4485 Next Ordinance # 1402 PUBLIC COMMUNICATION - (Related to Citv 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 CLOSED SESSION: The City Council may move into a closed session pursuant to applicable law, including the Brown Act (Government Code Section §54960, et sec) 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)) - 3 matters 1 City of El Segundo v 2221 Park Place, LASC Case No BC319034 2 City of El Segundo vs City of Los Angeles, et al LASC No BS094279 3 Gilbreath v El Segundo, LASC Case No YC053692 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code §54956 9(b) -3- potential cases (no further public statement is required at this time), Initiation of litigation pursuant to Government Code §54956 9(c) -0- matter DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957) -0- matter CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957 6) -0- matter CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956 8) -0- matter SPECIAL MATTERS: -0- matter IJ 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 lenqth 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, OCTOBER 17, 2006 - 7:00 P.M. 7:00 P.M. SESSION CALL TO ORDER INVOCATION — Pastor John Reed of Hilltop Community Church of Christ PLEDGE OF ALLEGIANCE — Council Member Bill Fisher Next Resolution # 4485 Next Ordinance # 1402 0 lf,, PRESENTATIONS - (a) Recognition of participants of the Residential Community Emergency Response Team (CERT) course Michael Allen, Norma Cano, Robert Cell, Wendy Inamura, Nancy Johns, Joe Krebs, Timm Lawson, Steve Mazuk, Tish Mitchell, Paul Nystrom, Bill Palace, Ronald Scott, Adam Sholder, Dodie Tokar, Victoria Tokar, and Elizabeth Wos (b) Proclamation to announce Halloween Frolic on Main Street El Segundo on Tuesday, October 31, 2006 from 330pm to600pm ROLL CALL PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit per person, 30 minute limit total) Individuals who have received value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so identify themselves prior to addressing the City Council Failure to do so shall be a misdemeanor and punishable by a fine of $250 While all comments are welcome, the Brown Act does not allow Council to take action on any item not on the agenda The Council will respond to comments after Public Communications is closed A. PROCEDURAL MOTIONS Consideration of a motion to read all ordinances and resolutions on the Agenda by title Recommendation - Approval B. SPECIAL ORDERS OF BUSINESS C. UNFINISHED BUSINESS 1. Consideration and possible action to extend the City's agreement with Cassidy & Associates through September 30, 2007 for the provision of legislative advocacy services in Washington, D.C. (Fiscal Impact: $160,000 for FY 2006 -2007) Recommendation (1) Authorize the Mayor to execute the attached agreement with Cassidy & Associates, (2) Alternatively, discuss and take other action related to this item D. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS Lkj E. CONSENT AGENDA All items listed are to be adopted by one motion without discussion and passed unanimously if a call for discussion of an item is made, the item(s) will be considered individually under the next heading of business 2. Warrant Numbers 2555651 to 2555886 on Register No. 01 in the total amount of $3,214,554.12 and Wire Transfers from 9/22/2006 through 10/5/2006 in the total amount of $1,108,729.95. Recommendation — Approve Warrant Demand Register and authorize staff to release Ratify Payroll and Employee Benefit checks, checks released early due to contracts or agreement, emergency disbursements and /or adjustments, and wire transfers. 3. Adjourned Regular City Council Meeting Minutes of September 25, 2006 and Regular City Council Meeting Minutes of October 3, 2006. Recommendation — Approval 4. Consideration and possible action regarding a Resolution electing coverage under the State Disability Insurance (SDI) Program for employees represented by the Supervisory and Professional Employees Bargaining Unit. (Fiscal Impact: None) Recommendation — (1) Adopt Resolution, (2) Alternatively, discuss and take other action related to this item 5. Consideration and possible action regarding a revision to the class specification for the job classification of Water Supervisor. (Fiscal Impact: None) Recommendation — (1) Approve the revised class specification; (2) Alternatively, discuss and take other action related to this item. 6. Consideration and possible action to accept the project for the refurbishment of the racquetball courts at the Recreation Park (339 Sheldon Street). Approved Capital Improvement Project. Project No. PW 06 -10. (Final Contract Amount: Recommendation — (1) Accept the work as complete, (2) Authorize the City Clerk to file a Notice of Completion in the County Recorder's Office, (3) Alternatively, discuss and take other action related to this item 5 065 7. Consideration and possible action regarding the award of a contract to Shaw Industries, Inc. for the installation of new carpeting at Fire Station No. 1. (Fiscal Impact: $30,000) Recommendation — (1) Authorize the City Manager to execute a contract in a form as approved by the City Attorney with Shaw Industries, Inc in the amount of $30,000 by piggybacking onto the State of California Contract No 4- 97- 72 -0008A for replacement of carpeting at Fire Station No 1, (2) Alternatively, discuss and take other action related to this item CALL ITEMS FROM CONSENT AGENDA F. NEW BUSINESS 8. Consideration and possible action regarding a status report from the City's RSI Program Manager on the Residential Sound Insulation Program. (Fiscal Impact: Recommendation — (1) Receive and file report, (2) Alternatively, discuss and take other action related to this item G. REPORTS — CITY MANAGER — NONE H. REPORTS— CITY ATTORNEY— NONE I. REPORTS — CITY CLERK J. REPORTS — CITY TREASURER K. REPORTS — CITY COUNCIL MEMBERS Council Member Fisher - 9. Consideration and possible action to make John and Shirley Williams as "Honorary Citizens of El Segundo" and recognize them and their achievements at the City Council meeting of November 8, 2006. Recommendation — (1) Recognize John and Shirley Williams as "Honorary Citizens of El Segundo' and present official City proclamation to them on November 8, 2006, (2) Alternatively, discuss and take other action related to this item. 6 U0u Council Member Jacobson — Council Member Boulgarides — Mayor Pro Tern Busch - Mayor McDowell — 10. Consideration and possible action regarding the City's voluntary participation in the South Bay Cities Council of Governments' (SBCCOG) Energy Efficiency Procurement Program. Recommendation — (1) That the City Council adopts a Resolution establishing the City's commitment to voluntarily participate in the SBCCOG Energy Efficiency Procurement Program, (2) Alternatively, discuss and take other action related to this item 11. Consideration and possible action to appoint a 90 -day ad hoc subcommittee of the City Council to discuss and make recommendations regarding the City's outside film permit ordinance. (Fiscal Impact: None) Recommendation — (1) Appoint Mayor McDowell and Council Member Fisher to an ad hoc subcommittee to discuss the City's film permit ordinance, (2) Alternatively, discuss and take other action related to this item PUBLIC COMMUNICATIONS — (Related to City Business Only — 5 minute limit per person, 30 minute limit total) Individuals who have receive value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so identify themselves prior to addressing the City Council Failure to do so shall be a misdemeanor and punishable by a fine of $250 While all comments are welcome, the Brown Act does not allow Council to take action on any item not on the agenda The Council will respond to comments after Public Communications is closed MEMORIALS — CLOSED SESSION The City Council may move into a closed session pursuant to applicable law, including the Brown Act (Government Code Section §54960, gt 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 REPORT OF ACTION TAKEN IN CLOSED SESSION (if required) ADJOURNMENT POSTED DATE TIME NAME 6 o S CC Presentations 101706 a Recognition of participants of the Residential Community Emergency Response Team (CERT) course Michael Allen, Norma Cano, Robert Cetl, Wendy Inamura, Nancy Johns, Joe Krebs, Timm Lawson, Steve Mazuk, Tish Mitchell, Paul Nystrom, Bill Palace, Ronald Scott, Adam Sholder, Dodie Tokar, Victoria Tokar, and Elizabeth Wos (JUJ rOdamattonCal) of et .*rgunbo, Catifornia lN7 FF:RLIAS,On Tuesday, October 31st, on the 300 and 400 block of Main Street, El Segundo will gather its ghoules, ghosties, scarecrows and Jack -O- Lanterns for some wholesome hometown family fun in celebration of a tradition that dates back more than 30 years — our annual Halloween Frolic WIIFRLAS,The festivities will begin at 330 p in and last until the dark of night at 6 00 p in Folks will be able to get on inflatable rides and play games that will send all gbosties flying and screaming with glee People of all ages can enter the contest for the most fantastic, frightening, funny and overtly original costumes to be held on the Civic Hall Plaza @ 4 00 p in Judges will also critique the carved and decorated pumpkins, while participants enjoy the live music and munch on a variety of morsels to fill any spirit's desire And for the mystically inclined there is always a space available at the fortune telling booths WHEREAS The annual Halloween Frolic affords the people of El Segundo the opportunity to experience wholesome family fun in a safe environment, while enjoying all of downtown Main Street in a fun - filled way NOW, THFRGFORE, the Mayor and Members of the City Council of the City of El Segundo, California, hereby proclaim Tuesday, October 31, 2006 from 3 30 p in to 6 00 p in , as Halloween Frohc on Main Street El J'equndt, and invite parents and children, and the entire community, to participate in this traditional annual event EL SEGUNDO CITY COUNCIL MEETING DATE: October 17, 2006 AGENDA ITEM STATEMENT AGENDA HEADING- Unfinished Business AGENDA DESCRIPTION. Consideration and possible action to extend the City's agreement with Cassidy and Associates through September 30, 2007 for the provision of legislative advocacy services in Washington, D C (Fiscal Impact ($160,000 for FY 2006 -2007) RECOMMENDED COUNCIL ACTION: 1) Authorize the Mayor to execute the attached agreement with Cassidy Associates, 2) Alternatively, discuss and take other action related to this item BACKGROUND & DISCUSSION: Over the past several years, Cassidy and Associates has been extremely successful in obtaining federal funding on behalf of the City for a variety of infrastructure protects ranging from the implementation of the City's Sewer Master Plan to the Douglas Street Gap Closure project In total, Cassidy reports that it has obtained nearly $10 million in funding for such projects Current efforts include an attempt to secure $500,000 in the Treasury, Transportation, Housing and Urban Development Appropriation bill for the Park Place extension protect Most of the current appropriations measures in Congress will not be approved until after the November mid -term election In addition, Cassidy has been and would be available for special project work, such as the legislative efforts undertaken last year in support of the City and region's successful efforts to keep the Los Angeles Air Force base off the BRAC list If approved, the agreement calls for Cassidy's rates to remain at $13,333 /month, or $160,000 annually ATTACHED SUPPORTING DOCUMENTS- 1) Memorandum from Cassidy and Associates outlining a proposed work plan for FY 2006- 2007 FISCAL IMPACT: N/A Operating Budget $ 180,000 Amount Requested. $160,000 Account Number. 001 -400- 2901 -6407 Project Phase. N/A Appropriation Required: _Yes X No Uii 1 AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT, made and entered into this 1St day of October, 2006, between the CITY OF EL SEGUNDO, a municipal corporation, hereinafter referred to as "City" and Cassidy & Associates hereinafter referred to as "Consultant" This Agreement shall be in full force and effect through September 30, 2006, unless extended by mutual agreement of City and Consultant In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows 1. SCOPE OF SERVICES. Consultant agrees to perform the services set forth in Exhibit "A" "SCOPE OF SERVICES" and made a part hereof Consultant represents and warrants that it has the qualifications, experience and facilities to properly perform said services in a thorough, competent and professional manner and shall, at all times during the term of this Agreement, have in full force and effect, all licenses required of it by law, including, but not limited to, a valid El Segundo Business License Consultants shall begin its services under this Agreement on October 1, 2006 Consultant shall complete each of the services set forth in Exhibit A to the City's satisfaction If the City is not satisfied with any such services, the Consultant shall work on such matter until the City approves of the service. Further, Consultant shall complete the services set forth in Exhibit A strictly according to the schedule provided therein Additionally, Consultant shall provide the services specified in Exhibit A in compliance with the following conditions All work performed by Consultant shall be directed through the City Manager or designee, all work requested of Consultant by the City shall be directed by the City Manager or designee, consultant shall submit periodic reports of work product and progress on stated goals outlined in Exhibit A to the City Manager not less frequently than once each month 2 STATUS OF CONSULTANT. Consultant is and shall at all times remain as to the City a wholly independent contractor The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control Neither City nor any of its officers, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees or agents, except as set forth in this Agreement Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner Consultant shall not disseminate any information or reports gathered or c created pursuant to this Agreement without the prior written approval of City except information or reports required by government agencies to enable Consultant to perform its duties under this Agreement 3. CONSULTANT'S KNOWLEDGE OF APPLICABLE LAWS. Consultant shall keep itself informed of applicable local, state and federal laws and regulations which may affect those employed by it or in any way affect the performance of its services pursuant to this Agreement Consultant shall observe and comply with all such laws and regulations affecting its employees City and its officers and employees, shall not be liable at law or in equity as a result of any failure of Consultant to comply with this section Without limiting the foregoing, Consultant shall not expend any funds in violation of California Constitution, Article 16, Section 6, Government Code, Section 81000 et seq ( "Political Reform Act "), or any other federal or state law governing the expenditure of public funds Consultant shall be solely responsible for submittal of all documents, forms and other information that may be required by all applicable agencies as a result Contractor's performing the services specified in this Agreement 4 PERSONNEL. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant's staff assigned to perform the services hereunder and shall obtain the approval of the City Manager of all proposed staff members performing services under this Agreement prior to any such performance 5 COMPENSATION AND METHOD OF PAYMENT. Compensation to the Consultant shall be paid as a fixed monthly retainer not to exceed thirteen thousand three hundred and thirty -three dollars ($13,333) per month Payments shall be made in approximately thirty (30) days after receipt of each invoice as to all non - disputed fees If the City disputes any of consultant's fees it shall give written notice to Consultant in 30 days of receipt of an invoice of any disputed fees set forth on the invoice 6 ADDITIONAL SERVICES OF CONSULTANT. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein or listed in Exhibit "A ", unless such additional services are authorized in advance and in writing by the City Manager Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services 7. ASSIGNMENT. All services required hereunder shall be performed by Consultant, its employees or personnel under direct contract with L, 1.i Consultant Consultant shall not assign to any subcontractor the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without the prior written consent of City Manager 8. FACILITIES AND RECORDS. City agrees to provide suitably equipped and furnished office space, public counter, telephone, and use of copying equipment and necessary office supplies for Consultant's on- site staff, if any. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts therefrom as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment 9. TERMINATION OF AGREEMENT. This Agreement shall expire on September 30, 2007, unless extended by mutual agreement of City and Consultant The City upon 30 days written notice or 120 days by contractor written notice may terminate with or without cause this Agreement In the event of such termination, Consultant shall be compensated for non - disputed fees under the terms of this Agreement up to the date of termination 10. COOPERATION BY CITY. All public information, data, reports, records, and maps as are existing and available to City as public records, and which are necessary for carrying out the work as outlined in the Scope of Services, shall be furnished to Consultant in every reasonable way to facilitate, without undue delay, the work to be performed under this Agreement 11. OWNERSHIP OF DOCUMENTS. Upon satisfactory completion of, or in the event of termination, suspension or abandonment of, this Agreement, all original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall, become the sole property of City With respect to computer files, Consultant shall make available to the City, upon reasonable written request by the City, the necessary Ui4 computer software and hardware for purposes of accessing, compiling, transferring and printing computer files 12. RELEASE OF INFORMATION /CONFLICTS OF INTEREST. A. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization excepting that information which is a public record and subject to disclosure pursuant to the California Public Records Act, Government Code 6250, et se Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena If Consultant or any of its officers, employees, consultants or subcontractors does voluntarily provide information in violation of this Agreement, City has the right to reimbursement and indemnity from Consultant for any damages caused by Consultant's conduct, including the City's attorney's fees Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and /or be present at any deposition, hearing or similar proceeding Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response B. Consultant covenants that neither they nor any officer or principal of their firm has any interest in, or shall they acquire any interest, directly or indirectly which will conflict in any manner or degree with the performance of their services hereunder Consultant further covenants that in the performance of this Agreement, no person having such interest shall be employed by them as an officer, employee, agent, or subcontractor without the express written consent of the City Manager. 015 13 DEFAULT. In the event that Consultant is in default of any provision of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant 14 INDEMNIFICATION. Consultant agrees to the following A. Indemnification for Professional Services. Consultant will save harmless and indemnify, including, without limitation, City's defense costs (including reasonable attorney's fees), from and against any and all suits, actions, or claims, of any character whatever, brought for, or on account of, any injuries or damages sustained by any person or property resulting or arising from any negligent or wrongful act, error or omission by Consultant or any of Consultant's officers, agents, employees, or representatives, in the performance of this Agreement B. Indemnification for other Damages. Consultant indemnifies and holds City harmless from and against any claim, action, damages, costs (including, without limitation, attorney's fees), injuries, or Lability, arising out of this Agreement, or its performance Should City be named in any suit, or should any claim be brought against it by suit or otherwise, whether the same be groundless or not, arising out of this Agreement, or its performance, Consultant will defend City (at City's request and with counsel satisfactory to City) and will indemnify CITY for any judgment rendered against it or any sums paid out in settlement or otherwise C. For purposes of this section "City" includes City's officers, officials, employees, agents, representatives, and certified volunteers D. It is expressly understood and agreed that the foregoing provisions will survive termination of this Agreement E. The requirements as to the types and limits of insurance coverage to be maintained by Consultant as required by this Agreement, and any approval of said insurance by City, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by Consultant pursuant to this Agreement, including, without limitation, to the provisions concerning indemnification F. Consultant represents it is skilled in the professional calling necessary to perform the services and duties agreed to hereunder by Consultant, and City relies upon the skills and knowledge of Consultant Consultant shall perform such services and duties consistent with the standards generally recognized as being employed by professionals performing similar service in the State of California 0 10 G. Consultant is an independent contractor and shall have no authority to bind City nor to create or incur any obligation on behalf of or liability against City, whether by contract or otherwise, unless such authority is expressly conferred under this agreement or is otherwise expressly conferred in writing by City CONSULTANT HAS READ THIS SECTION 14 IN ITS ENTIRETY AND KNOWINGLY AND WILLINGLY ACCEPTS THE OBLIGATIONS CONTAINED HEREIN 15 INSURANCE. A. Insurance Requirements. Consultant shall provide and maintain insurance acceptable to the City Attorney in full force and effect throughout the term of this Agreement, against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by Consultant, its agents, representatives or employees Insurance is to be placed with insurers with a current A M Best's rating of no less than A VII Consultant shall provide the following scope and limits of insurance (a) Minimum Scope of Insurance. Coverage shall be at least as broad as (i) Insurance Services Office form Commercial General Liability coverage (Occurrence Form CG 0001) (ii) Insurance Services Office form number CA 0001 (Ed 1/87) covering Automobile Liability, including code 1 "any auto" and endorsement CA 0025, or equivalent forms subject to the written approval of the City (iii) Workers' Compensation insurance as required by the Labor Code of State of California and Employer's Liability insurance and covering all persons providing services on behalf of the Consultant and all risks to such persons under this Agreement (Not needed if Self- employed with no employees ) (iv) Errors and omissions liability insurance appropriate to the Consultant's profession (b) Minimum Limits of Insurance. Consultant shall maintain limits of insurance no less than (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the Ui7 general aggregate limit shall apply separately to the activities related to this Agreement or the general aggregate limit shall be twice the required occurrence limit (ii) Automobile Liability: Including owned, non - owned and hired vehicles for bodily injury and property damage with (See cover letter (page 1) for actual dollar level Requirements) At least $1,000,000 per occurrence $100,000 - $300,000 per occurrence As required by State Statutes A copy of your current policy must be submitted naming yourself and or your company (iii) Workers' Compensation and Emplover's Liabilitv Workers' Compensation as required by the Labor Code of the State of California and Employers Liability limits of $1,000,000 per accident. (iv) Errors and Omissions or Malpractice or Professional Liabilitv: At least $1,000,000 per occurrence B. Other Provisions. Insurance policies required by this Agreement shall contain the following provisions (a) All Policies. Each insurance policy required by this paragraph 15 shall be endorsed and state the coverage shall not be suspended, voided, canceled by the insurer or either party to this Agreement, reduced in coverage or in limits except after 30 days' prior written notice by Certified mail, return receipt requested, has been given to the City (b) General Liability and Automobile Liability Coverages. (1) City, its officers, officials, and employees and volunteers are to be covered as additional insureds as respects liability arising out of activities Consultant performs, products and completed operations of Consultant, premises owned, occupied or used by Consultant, or automobiles owned, leased or hired or borrowed by Consultant The coverage shall contain no special limitations on the scope of protection afforded to City, its officers, officials, or employees 0 i 8 (ii) Consultant's insurance coverage shall be primary insurance as respect to City, its officers, officials, employees and volunteers Any insurance or self insurance maintained by City, its officers, officials, employees or volunteers shall apply in excess of, and not contribute with, Consultant's insurance (iii) Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability (v) Any failure to comply with the reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers (c) Workers' Compensation and Employer's Liability Coverage. Unless the City Manager otherwise agrees in writing, the insurer shall agree to waive all rights of subrogation against City, its officers, officials, employees and agents for losses arising from work performed by Consultant for City C. Other Requirements. Consultant agrees to deposit with City, at or before the effective date of this contract, certificates of insurance necessary to satisfy City that the insurance provisions of this contract have been complied with The City Attorney may require that Consultant furnish City with copies of original endorsements effecting coverage required by this Section The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf City reserves the right to inspect complete, certified copies of all required insurance policies, at any time (a) Consultant shall furnish certificates and endorsements from each subcontractor identical to those Consultant provides (b) Any deductibles or self - insured retentions must be declared to and approved by City At the option of the City, either the insurer shall reduce or eliminate such deductibles or self - insured retentions as respects the City, its officers, officials, employees and volunteers, or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims iJ 1 ;i (c) The procuring of such required policy or policies of insurance shall not be construed to limit Consultant's liability hereunder nor to fulfill the indemnification provisions and requirements of this Agreement 16. ENTIRE AGREEMENT. This Agreement is the complete, final, entire and exclusive expression of the Agreement between the parties hereto and supersedes any and all other agreements, either oral or in writing, between the parties with respect to the subject matter herein Each party to this Agreement acknowledges that no representations by any party which are not embodied herein and that no other agreement, statement, or promise not contained in this Agreement shall be valid and binding 17. GOVERNING LAW. The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the Los Angeles County Superior Court, 18. ASSIGNMENT OR SUBSTITUTION. City has an interest in the qualifications of and capability of the persons and entities who will fulfill the duties and obligations imposed upon Consultant by this Agreement In recognition of that interest, neither any complete nor partial assignment of this Agreement may be made by Consultant nor changed, substituted for, deleted, or added to without the prior written consent of City Any attempted assignment or substitution shall be ineffective, null, and void, and constitute a material breach of this Agreement entitling City to any and all remedies at law or in equity, including summary termination of this Agreement 18. MODIFICATION OF AGREEMENT. The terms of this Agreement can only be modified in writing approved by the City Council and the Consultant The parties agree that this requirement for written modifications cannot be waived and any attempted waiver shall be void 20. AUTHORITY TO EXECUTE. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he /she /they has /have the authority to execute this Agreement on behalf of his /her /their corporation and warrants and represents that he /she /they has /have the authority to bind Consultant to the performance of its obligations hereunder 21. NOTICES. Notices shall be given pursuant to this Agreement by personal service on the party to be notified, or by written notice upon such v�ti party deposited in the custody of the United States Postal Service addressed as follows. city Jeff Stewart City of El Segundo 350 Main Street El Segundo, California 90245 -3895 Telephone (310) 524 -2301 Facsimile (310) 322 -7137 Consultant Gerry Warburg Cassidy & Associates 700 Thirteenth Street N W , Suite 400 Washington D C 20005 -5917 The notices shall be deemed to have been given as of the date of personal service, or three (3) days after the date of deposit of the same in the custody of the United States Postal Service 22. SEVERABILITY. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of the other provisions of this Agreement IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written Company Name. Cassidy & Associates M Title CITY OF EL SEGUNDO Mayor ATTEST. Cindy Mortesen City Clerk APPROVED AS TO FORM: Mark D Hensley City Attorney ��1 To Kelly McDowell, Mayor Jeff Stewart, City Manager From Gerry Warburg, Cassidy & Associates Christine O'Connor, Cassidy & Associates Re Agenda for End of Calendar Year 2006, and Calendar Year 2007/ Fiscal Year 2008 Date October 4, 2006 We are delighted to be working with you again for what we hope will be another good year of success for the City of El Segundo We were pleased to help secure $500,000 in the Treasury, Transportation, Housing and Urban Development Appropriations bill for the Park Place Extension that builds upon the $5 2 million secured in FY 06 for the South Bay Corridor Transportation Improvement project WraDmnff UD ADDronnatrons FY 2007 As the 109'h Congress draws to a close, only 2 of 10 appropriations bills have been completed before Election Day 2006 — Department of Defense and Department of Homeland Security. Congress is expected to return to Washington November 13'' to wrap up the remaining 8 appropriations bills, including the FY 07 Treasury, Transportation, and Housing and Urban Development Appropriations bill that includes $500,000 for the Park Place Extension in the City of El Segundo A Continuing Resolution expires on November 17 By that date, we should have a better idea of when work on the TTHUD bill will be completed We will be pushing to hold and grow that number depending on the dynamics of a tense lame duck session The Future of the 110`h Congress One major factor affecting the timeline for appropriations wrap -up will be the outcome of the 2006 electron Due to recent events in Washington, it is growing more likely that Democrats may regain control of at least one both chamber of Congress More likely than not, Congress would then want to wrap up business as soon as possible Work maybe completed by Thanksgiving Should Democrats regain control of the House, much of December and January will focus on reorganization — choosing new leadership in both chambers and both parties, physically moving leadership offices, and a major realignment of committees which will result in significant changes in policy direction on all committees, both authorizing and appropriating 022 Appropriations in FY 08 Should Democrats regain control of Congress, we would see increased spending on the domestic side and re- directed spending on national security (perhaps less spending overseas in Iraq and War on Terrorism and more on port security and terrorist- targeted cities m the U S) In addition, our champions for City of El Segundo projects would elevate in stature as their party would be chairing subcommittees on the appropriating and authorizing fronts for which we will have an interest We have yet to see any earmarking in the Homeland Security Appropriations bill, but since Democrats have been most vocal and critical on how Homeland Security is disbursing funding to mayor cities of interest to terrorists vs cities that are considered low terrorist targets, we can expect to see increased discussion about earmarking this bill As we have discussed in the past, other subcommittee chairmen are becoming increasingly frustrated that their bills are being targeted for earmarks that logically should come out of Homeland Security This may also be a factor in determining the future of that subcommittee City of El Segundo Projects for FY 08• We are seeing more and more Members looking for ways to satisfy as many constituencies as possible with a single project For example, Members are more inclined than before to support projects that involve a partnership with another constituent institution and those for which the general public will benefit or have access As we discussed during our site visit at City Hall on September 28, aloint regional emergency services project that would include both construction and equipment dollars would be a good fit for meeting both the needs of the City of El Segundo and the other communities in your region We have already floated the concept of such a project option with the key House and Senate offices we have visited since our discussions last week Next Steps Fleshing out details of possible emergency services project for FY 08 Target dates for drafting and finalizing project descriptions Pick date for Washington, D.0 Hill visits for FY 08 appropriations ask 0 u SWm N J H W � >0>, u um 3 W N O W 0 r d' W 0 0 8 u 0 0 O b Q a 0 rc R a 6 LL O Y w� m w LL rc o w w w � LL ZQU o (� Z LL F ¢ W W f Z 0 z n o O0 ZZd02 jU � 5 z0o��aFwgzm 6zW� w Wcwiii� F LL %LL,w 8ggGmyQ °Qy w;w.z, » w 2 W Q W F m N$Q 4Za1 > Z U m Q J J ZQ LL W 'pF 2 $ U LL °�Fy LL��(mmm 6 K Z Z Z j Z Z Z t�30O<�¢o4u u��ow W O O W y w F O W O 1V W Q m d Q g Wg g Fg Q J W F d p K Wgg g Wg N F uay�uiar =:soQBciR�33t4iw�rcu'i Glo F_ w Z Z O Q oQ W3 W a 0 O Y U W_ U O °� QNNN O hCl r lnV� 0m N m w LL rc o w w w � LL ZQU o (� Z LL F ¢ W W f Z 0 z n o O0 ZZd02 jU � 5 z0o��aFwgzm 6zW� w Wcwiii� F LL %LL,w 8ggGmyQ °Qy w;w.z, » w 2 W Q W F m N$Q 4Za1 > Z U m Q J J ZQ LL W 'pF 2 $ U LL °�Fy LL��(mmm 6 K Z Z Z j Z Z Z t�30O<�¢o4u u��ow W O O W y w F O W O 1V W Q m d Q g Wg g Fg Q J W F d p K Wgg g Wg N F uay�uiar =:soQBciR�33t4iw�rcu'i Glo F_ w Z Z O Q oQ W3 W a 0 O Y U W_ U O �W a S 9 y a a�mn� o n � F U a li c w d § j ° m L w d° a ° 2 �E2ma w m y U w W m cc m t Q i m m W m c u C -Fi > Q J W .0 �, $ rn. wm mp� W R aw ziI w 2 "m iw�E 6Zi � OQ €° m w e -" 2 o'c E m� E \ LL 0 0 0 a S u ° N a" o @ f n8 m Q O x W o LLO 8 w ° Of O n w 0 8LLO LL„w „wa a 2 0 rc a m x 0 CITY OF EL SEGUNDO PAYMENTS BY WIRE TRANSFER 9/22/2006 THROUGH 10/6/2006 Date 9/21/2006 9/21/2006 9/27/2006 9/27/2006 9/2812006 9/28/2006 9/28/2006 10/4/2006 10/4/2006 10/5/2006 10/5/2006 10/5/2006 9/22- 10/4/06 Payee Amount Description Employment Development IRS Cal PERS Lane Donovan Golf Partners Health Comp Federal Reserve Federal Reserve UnumProvident Health Comp Cal PERS Employment Development IRS Workers Comp Activity DATE OF RATIFICATION: 10117/06 TOTAL PAYMENTS BY WIRE: Certified as to the accuracy of the wire transfers by 37,204 82 184,009 60 237,159 08 19,654 46 3,04539 10000 20000 41070 3,88628 319,385 88 49,547 44 227,718 37 26,407 93 1,108,729 95 IC / /,kc� Date lv - -1—n1 Date G Dat State Taxes Federal Taxes Retirement Lakes payroll transfer Weekly claims 9/22 Employee EE Bonds Employee I Bonds Long Term Care Weekly claims 10/29 Retirement State Taxes Federal Taxes SCRMA checks issued 1,108,729.95 on actual expenditures is available in the City Treasurer's Office of the City of El Segundo 4v ADJOURNED REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL MONDAY, SEPTEMBER 25, 2006 - 5 00 P M 5 00 P M SESSION CALL TO ORDER — Mayor McDowell at 5 00 p m PLEDGE OF ALLEGIANCE — Council Member Jim Boulgandes ROLL CALL Mayor McDowell - Present Mayor Pro Tern Busch - Present Council Member Boulgandes - Present Council Member Fisher - Present Council Member Jacobson - Present PUBLIC COMMUNICATIONS — (Related to City Business Only — 5 minute limit per person, 30 minute limit total) Individuals who have received value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so identify themselves prior to addressing the City Council Failure to do so shall be a misdemeanor and punishable by a fine of $250 While all comments are welcome, the Brown Act does not allow Council to take action on any item not on the agenda The Council will respond to comments after Public Communications is closed. Fred Maples, resident and contractor, spoke regarding proposed R -1 changes Eva Klllingsworth, resident, spoke regarding the proposed R -1 changes John Stevenson, resident, spoke regarding the proposed R -1 changes A PROCEDURAL MOTIONS Consideration of a motion to read all ordinances and resolutions on the Agenda by title only MOTION by Council Member Boulgandes, SECONDED by Council Member Fisher to read all ordinances and resolutions on the Agenda by title only MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0 3 MINUTES OF THE ADJOURNED REGULAR CITY COUNCIL MEETING SEPTEMBER 25, 2006 PAGE NO 1 L � U B SPECIAL ORDERS OF BUSINESS Consideration and possible action regarding the Introduction and first reading of an Ordinance amending El Segundo Municipal Code ( "ESMC") Chapters 15-4A (the Single- Family Residential (R -1) Zone Site Development Standards), 15 -1 (Definitions), 15 -2 (Open Space Encroachments), and 15 -15 (Parking Standards to allow the Use of Vehicle Lifts In the Single- Family Residential (R -1) and Two - Family Residential (R -2) Zones) (Fiscal Impact None) Gary Chicots, Interim Planning and Building Safety Director, gave a report Council Member Fisher requested Council consider making the Ordinance effective 60 days after adoption and increase the FAR above the proposed 0 5125 Mark Hensley, City Attorney, noted minor corrections to the proposed ordinance on page 25, Section 19 and page 11, item 2 regarding Side Yard Council Member Boulgandes suggested no set back requirements for one story structures, allow up to 60% lot coverage on one story construction and raise the FAR to 0 53 Mayor Pro Tern Bush felt the FAR was too restrictive He suggested a 0 625 FAR, suggested exemption of modulation and FAR on lots less than 40 feet if FAR reduced to 5125 or 53 and make the ordinance effective 60 days after passage MOTION by Mayor McDowell to increase FAR to 0.55 MOTION FAILED FOR LACK OF SECOND MOTION by Council Member Boulgandes to introduce the ordinance with a FAR of 0 53, SECONDED BY Council Member Fisher MOTION PASSED BY THE FOLLOWING VOICE VOTE AYES, COUNCIL MEMBERS BOULGARIDES, FISHER AND JACOBSON, NOES MAYOR MCDOWELL AND MAYOR PRO TEM BUSCH 3/2 MOTION by Mayor Pro Tem Busch, SECONDED by Council Member Boulgandes to have setback and modulation requirements only apply to second -story additions In excess of 500 sq ft, make the floor area ratio applicable to lots 40 ft and greater In width in addition to lots exceeding 25 ft in width and revise lot coverage to 60 % for single -story construction MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0 MOTION by Mayor Pro Tern Busch, SECONDED by Council Member Boulgandes to extend the effective date of the Ordinance to 60 days MOTION PASSED BY THE FOLLOWING VOICE VOTE AYES MAYOR MCDOWELL, MAYOR PRO TEM BUSCH, COUNCIL MEMBERS BOULGARI DES AND FISHER, NOES COUNCIL MEMBER JACOBSON 4/1 MINUTES OF THE ADJOURNED REGULAR CITY COUNCIL MEETING SEPTEMBER 25, 2006 PAGE NO 2 0 �7 Mark Hensley, City Attorney, read by title Including amendments by title only ORDINANCE NO 1401 AN ORDINACE AMENDING EL SEGUNDO MUNICIPAL CODE ( "ESMC ") CHAPTERS 154A (SINGLE- FAMILY RESIDENTIAL (R -1) ZONE SITE DEVELOPMENT STANDARDS), 15 -1 (DEFINITIONS), 15 -2 (OPEN SPACE ENCROACHMENTS), AND 15 -15 (PARKING STANDARDS) Council Member Boulgarides Introduced the ordinance Second reading and adoption of Ordinance scheduled for October 3, 2006 2 Discussion of Ordinance No 1400 to amend the Downtown Specific Plan regarding building height restrictions (Fiscal Impact None) Council Member Jacobson left the dais due to a potential conflict regarding the location of real property Gary Chicots, Interim Planning and Building Safety Director, gave a report Mike McDaniels, GIS, gave a presentation MOTION by Mayor Pro Tern Busch, SECONDED by Council Member Fisher to revise the Ordinance to add a 25 -foot front setback for any portion of the building above 30 feet in height MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0 Council consensus to postpone this item until later in the agenda in order to allow City Attorney to make proposed revisions to the Ordinance Council Member Jacobson returned to the dais F NEW BUSINESS G REPORTS — CITY MANAGER - NONE H REPORTS — CITY ATTORNEY - NONE REPORTS — CITY CLERK - NONE REPORTS — CITY TREASURER - NONE K REPORTS — CITY COUNCIL MEMBERS Council Member Fisher - NONE Council Member Jacobson — NONE MINUTES OF THE ADJOURNED REGULAR CITY COUNCIL MEETING SEPTEMBER 25, 2006 PAGE NO 3 l 48 Council Member Boulgandes — Reported on Aquatics Task Force subcommittee meeting Requested agendize item for the next meeting regarding a City Council Resolution in support of State Proposition 84 Mayor Pro Tem Busch — Spoke regarding the success of the Richmond Street Fair Mayor McDowell — Spoke regarding the success of Richmond Street Fair Reported on the first formal event at the Air Force Base "Gordon Conference Center' Council recessed at 6 55 p m Council reconvened at 7 00 p,m Council Member Jacobson left the dais Mark Hensley, City Attorney, read the proposed changes into the record Mark Hensley, City Attorney, read by title only ORDINANCE NO 1400 AN ORDINANCE APPROVING ENVIRONMENTAL ASSESSMENT NO 702 (EA -702), SPECIFIC PLAN AMENDMENT NO 06 -1, AND ZONE TEXT AMENDMENT NO 06 -04 TO MODIFY BUILDING HEIGHT RESTRICTIONS WITHIN THE DOWNTOWN SPECIFIC PLAN AREA Mayor Pro Tem Busch re- introduced the ordinance as amended Second reading and adoption scheduled for October 3, 2006 Council Member Jacobson returned to the dais 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 ADJOURNMENT at 7 05 p.m Cathy Domann Deputy City Clerk MINUTES OF THE ADJOURNED REGULAR CITY COUNCIL MEETING SEPTEMBER 25, 2006 PAGE NO 4 �c.J REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, OCTOBER 3, 2006 - 5 00 P M 5 00 P M SESSION CALL TO ORDER — Mayor Pro Tern Busch at 5 00 p m ROLL CALL Mayor McDowell Mayor Pro Tern Busch Council Member Boulgandes Council Member Fisher Council Member Jacobson Present — arrived at 5 05 p m - Present - Present - Present - Present PUBLIC COMMUNICATION — (Related to City Business Only — 5 minute limit per person, 30 minute limit total) Individuals who have received value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so identify themselves prior to addressing the City Council Failure to do so shall be a misdemeanor and punishable by a fine of $250 Mark Hensley, City Attorney, announced that Council would be meeting in closed session pursuant to items identified on the agenda and that the 54956 9(b) item was a threat of litigation regarding the Payne Claim No 06 -04 CLOSED SESSION The City Council moved into a closed session pursuant to applicable law, including the Brown Act (Government Code Section §54960, et seq ) for the purposes of conferring with the City's Real Property Negotiator, and /or conferring with the City Attorney on potential and /or existing litigation, and /or discussing matters covered under Government Code Section §54957 (Personnel), and /or conferring with the City's Labor Negotiators, as follows. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Gov't Code §54956 9(a)) — 4 matters City of El Segundo v 2221 Park Place, LASC Case No BC319034 City of El Segundo v CTF2, Alaska, LASC Case No BC319033 City of El Segundo vs City of Los Angeles, at al LASC No BS094279 Gilbreath v El Segundo, LASC Case No YC053692 CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code §54956 9(b) -2- potential cases (no further public statement is required at this time), Initiation of litigation pursuant to Government Code §54956 9(c) -1 - matter DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957)• -0- matter CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957 6) -0- matter 0 %A CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956 8) -0- matter SPECIAL MATTERS -0- matter Council recessed at 6 55 p m �,ii REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, OCTOBER 3, 2006 - 7 00 P M 7 00 P M SESSION CALL TO ORDER — Mayor McDowell at 7 00 p m INVOCATION — Rod Goff of Pacific Baptist Church PLEDGE OF ALLEGIANCE — Council Member Carl Jacobson PRESENTATIONS — a Council Member Boulgandes presented a Proclamation to Interim Fire Chief Kevin Smith declaring October 8 — 14, 2006 as the observance of Fire Prevention Week in El Segundo ROLL CALL Mayor McDowell - Present Mayor Pro Tern Busch - Present Council Member Boulgandes - Present Council Member Fisher - Present Council Member Jacobson - Present PUBLIC COMMUNICATIONS — (Related to City Business Only — 5 minute limit per person, 30 minute limit total) Individuals who have received value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so identify themselves prior to addressing the City Council Failure to do so shall be a misdemeanor and punishable by a fine of $250 While all comments are welcome, the Brown Act does not allow Council to take action on any item not on the agenda The Council will respond to comments after Public Communications is closed Craig Maples, resident, spoke regarding the proposed R -1 zoning changes. Stated he felt the proposed changes were too restrictive A PROCEDURAL MOTIONS Consideration of a motion to read all ordinances and resolutions on the Agenda by title only MOTION by Council Member Boulgandes, SECONDED by Council Member Jacobson to read all ordinances and resolutions on the Agenda by title only MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0 B SPECIAL ORDERS OF BUSINESS C UNFINISHED BUSINESS L %J:l Consideration and possible action regarding the approval of plans and specifications and authorization to solicit construction bids for construction of an Athletic Facility at the northeast corner of the intersection of Manposa Avenue and Nash Street and authorization to purchase steel field lighting poles for the Athletic Facility (Fiscal Impact = $3,795,000 total, $3,595,000 estimated construction contract, $200,000 estimated pole purchase cost) Steve Finton, Public Works Director, gave a report. MOTION by Mayor Pro Tern Busch, SECONDED by Council Member Boulgandes to approve the plans and specifications for the Athletic Facility, authorize staff to solicit construction bids, authorize the City Manager to issue a purchase order for the purchase and delivery of steel field lighting poles for the Athletic Facility MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0 2 Consideration and possible action regarding an extension to the City's current agreement with the MWW Group for services related to the City's efforts regarding Los Angeles International Airport (Fiscal Impact $96,000) Jeff Stewart, City Manager, gave a report MOTION by Council Member Boulgandes, SECONDED by Mayor Pro Tern Busch to authorize the Mayor to execute the attached consultant Agreement No 3652 with the MWW Group MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0 D REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS 3 Consideration and possible action regarding the Annual Report of the Investment Advisory Committee Investment Advisory Committee Chair, Ralph Lanphere, City Treasurer, gave a report Council consensus to receive and file the Annual Report of Investment Advisory Committee 4 Consideration and possible action on the Business Recruitment Task Force's recommendation for implementation of Phase II of Light Pole Banner Program to promote awareness of El Segundo, and extension of Business Recruitment Campaign Protect (Fiscal Impact $95,000 in FY 2006 -07) Brian Polkmghorne, Business Recruitment Task Force and Shannon Earl, Shannon David Inc, gave a presentation Council consensus to receive and file oral presentation by the Business Recruitment Task Force Council Member Jacobson suggested incorporating the City's 90th Birthday Logo into the Banners Mayor Pro Tern Busch stated he preferred Design Option A Council Member Fisher stated he preferred Design Option A 4 UJJ MOTION by Mayor McDowell, SECONDED by Council Member Jacobson to approve Design Option B and incorporate the City's 90th Birthday Logo into Banners SUBSTITUTE MOTION by Mayor Pro Tem Busch, SECONDED by Council Member Fisher, to use Design Option A to include the ligature and incorporate the City's 90`h Birthday Logo into some of the Banners and return to Council for final design approval, authorize the City Manager to amend /extend Contract #3454A for professional services for Business Recruitment Campaign and Light Pole Banner contract with Shannon David, Inc and issuance of blanket purchase orders, not to exceed $45,000 for advertising and promotions, and $50,000 for business recruitment campaign support services MOTION PASSED BY THE FOLLOWING VOICE VOTE AYES MAYOR PRO TEM BUSCH, COUNCIL MEMBER BOULGARIDES AND FISHER, NOES MAYOR MCDOWELL AND COUNCIL MEMBER JACOBSON. 3/2 E CONSENT AGENDA All items listed are to be adopted by one motion without discussion and passed unanimously. If a call for discussion of an item is made, the item(s) will be considered individually under the next heading of business 5 Approved Warrant Numbers 2555382 to 2555650 on Register No 24 in the total amount of $2,127,555 53 and Wire Transfers from 9/7/2006 through 9/21/2006 in the total amount of $1,523,398 79 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 6 Approved regular City Council Meeting Minutes of September 19, 2006 7 PULLED FOR DISCUSSION BY MAYOR PRO TEM BUSCH 8 PULLED FOR DISCUSSION BY MAYOR PRO TEM BUSCH 9 Adopted Ordinance No 1398 to amend the El Segundo Municipal Code as it relates to non- conforming buildings and uses in the Heavy Industrial (M -2) Zone (Fiscal Impact None) 10 Adopted Ordinance No 1399 amending the El Segundo Municipal Code to revise the title of the Department and the Department Head to Library Services Department and Director of Library Services (Fiscal Impact $8,200) 11 PULLED FOR DISCUSSION BY COUNCIL MEMBER FISHER 12 Authorized the Police Department to utilize reallocated project funds from Urban Area Security Initiative Fiscal Year 2004 (UASI FY 2004) federal grant program to enhance interoperable communications capabilities, and authorized the City Manager to sign a UASI FY04 contract amendment describing the reallocation (Fiscal Impact $103,600) MOTION by Council Member Boulgandes SECONDED by Council Member Fisher to approve Consent Agenda Items 5, 6, 9, 10 and 12 MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0 CALL ITEMS FROM CONSENT AGENDA U J `t Consideration and possible action regarding adoption of Ordinance No 1401 to amend the El Segundo Municipal Code Chapters 15 -4A (the Single - Family Residential (R -1) Zone Site Development Standards), 15 -1 (Definitions), 15 -2 (Open Space Encroachments), and 15 -15 (Parking Standards to allow the Use of Vehicle Lifts in the Single - Family Residential (R -1) and Two -Family Residential (R -2) Zones) (Fiscal Impact None) Mark Hensley read into the record corrections to the illustrations of how to calculate lot coverage on page 15 and 19 to accurately match the final text that was introduced in the ordinance Mark read by title only. ORDINANCE NO 1401 AN ORDINANCE AMENDING EL SEGUNDO MUNICIPAL CODE ( "ESMC ") CHAPTERS 154A (SINGLE- FAMILY RESIDENTIAL (R -1) ZONE SITE DEVELOPMENT STANDARDS), 15 -1 (DEFINITIONS), 15 -2 (OPEN SPACE ENCROACHMENTS), AND 15 -15 (PARKING STANDARDS) MOTION by Council Member Boulgandes SECONDED by Council Member Jacobson to adopt Ordinance No 1401 to amend the El Segundo Municipal Code Chapters 15 -4A (the Single - Family Residential (R -1) Zone Site Development Standards), 15 -1 (Definitions), 15 -2 (Open Space Encroachments), and 15 -15 (Parking Standards to allow the Use of Vehicle Lifts in the Single - Family Residential (R -1) and Two - Family Residential (R -2) Zones) MOTION PASSED BY THE FOLLOWING VOICE VOTE. AYES MAYOR MCDOWELL, COUNCIL MEMBERS BOULGARIDES, FISHER AND JACOBSON, NOES MAYOR PRO TEM BUSCH 4/1 Council Member Jacobson left the dais and not participating in Consent Agenda Items No 8 and 11 due to his interest in real property 8 Consideration and possible action regarding adoption of Ordinance No 1400 to amend the Downtown Specific Plan regarding budding height restrictions (Fiscal Impact None) Mark Hensley, City Attorney, noted a correction to page 2, to the finding in Section 2F which referenced the height as originally proposed and stated the Downtown Specific Plan would require a 25 -foot setback from the front property line for the portion of the budding exceeding 30 feet in height 6 Mark Hensley, Cit Attorney, read by title only ORDINANCE NO 1400 AN ORDINANCE APPROVING ENVIRONMENTAL ASSESSMENT NO 702 (EA- 702), SPECIFIC PLAN AMENDMENT NO 06 -1, AND ZONE TEXT AMENDMENT NO 06 -04 TO MODIFY BUILDING HEIGHT RESTRICTIONS WITHIN THE DOWNTOWN SPECIFIC PLAN AREA MOTION by Mayor Pro Tern Busch, SECONDED by Council Member Boulgandes to adopt Ordinance No 1400 approving Environmental Assessment No 702 (EA -702), Specific Plan Amendment No. 06 -1, and Zone Text Amendment No 06 -04 to modify budding height restrictions within the Downtown Specific Plan area MOTION PASSED BY THE FOLLOWING VOICE VOTE: AYES MAYOR PRO TEM BUSCH, COUNCIL MEMBERS BOULGARIDES AND FISHER, NOES MAYOR MCDOWELL; NOT PARTICIPATING COUNCIL MEMBER JACOBSON 3/1/1 11 Consideration and possible action regarding approval of plans and specifications for the removal of Blue Stone crosswalks in the intersection of Grand Avenue at Main Street and replacement with stamped concrete (Fiscal Impact $100,000) Council directed staff investigate why the Blue Stone was originally recommended and report back MOTION by Council Member Fisher, SECONDED by Council Member Boulgandes, to approve plans and specifications for the removal of Blue Stone crosswalks in the intersection of Grand Avenue at Main Street and replacement with stamped concrete and authorize staff to solicit construction bids MOTION PASSED BY UNANIMOUS VOICE VOTE 4/0 COUNCIL MEMBER JACOBSON NOT PARTICIPATING DUE TO A POTENTIAL CONFLICT Council Member Jacobson returned to the dais F NEW BUSINESS 13 Consideration and possible action regarding directing staff to administer the Proposition 218 majority protest process with regard to proposed increases to the City's water and wastewater rates for FY 2006 -2007 through FY 2009 -2010 and setting a public hearing for consideration and possible action regarding the proposed increases and approval of a contract with Martin & Chapman Co to provide ballot mailing services. (Fiscal Impact = $12,000 for ballot mailing, Potential Fiscal Impact = approximately $570,000 loss in FY 2006 -2007 water revenues and approximately $560,000 loss in FY 2006 -2007 wastewater revenues) Mark Hensley, City Attorney, gave a report 7 U.3u MOTION by Council Member Boulgandes, SECONDED by Council Member Jacobson to direct staff to administer the Proposition 218 majority protest process for proposed water and wastewater increases, Set a public hearing on December 19, 2006 for Council consideration of the proposed water and wastewater increases, (3) Authorize the City Manager to execute Contract No 3562 with Martin & Chapman Co in an amount not to exceed $12,000 in a form as approved by the City Attorney for ballot mailing. MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0 G REPORTS — CITY MANAGER — NONE H REPORTS — CITY ATTORNEY — NONE REPORTS — CITY CLERK — NONE REPORTS — CITY TREASURER - NONE K REPORTS — CITY COUNCIL MEMBERS Council Member Fisher - NONE Council Member Jacobson — NONE Council Member Boulgandes — 14 Consideration and possible action regarding the City's position on Proposition 84, a voter initiated bond measure appearing on the November 2006 General Election ballot to raise funds for clean water, parks and coastal protection MOTION by Council Member Boulgandes, SECONDED by Mayor Pro Tern Busch to approve Resolution No 4484 supporting the passage of Proposition 84 on the November 2006 ballot MOTION PASSED BY THE FOLLOWING VOTE AYES MAYOR PRO TEM BUSCH, COUNCIL MEMBERS BOULGARIDES AND FISHER, NOES COUNCIL MEMBER JACOBSON, ABSTAIN MAYOR MCDOWELL 3/1/1 Mayor Pro Tern Busch - NONE Mayor McDowell — Reported on FCC Media Ownership meeting being conducted this evening at the El Segundo High School 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 Gershin Jacobson, resident, spoke regarding unfunded City liabilities, such as health benefits and the proposed improvements at the High School v :S i Suzanne Fuentes, resident, spoke regarding the proposed pools at the High School Requested information on staffing of the pools MEMORIALS — Joe Fnedkin, 94 year old long -time resident of E I Segundo He is survived by his wife and former City Councilwoman, Jane Waag Friedkm, his daughter Joellen and stepsons John and Eddie Redding, Will, Tim and Brian Waag, their spouses and four step grandchildren Louise Eckersley, long -time resident, graduate of El Segundo High and former City of El Segundo Assistant Finance Director and later, City Treasurer Louise is survived by her two daughters, three grandchildren and seven great - grandchildren Craig Nealis, City Manager of Rolling Hills ADJOURNMENT at 8 23 p m Cathy Domann, Deputy City Clerk 0A G EL SEGUNDO CITY COUNCIL MEETING DATE: October 17, 2006 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Calendar AGENDA DESCRIPTION. Consideration and possible action regarding a Resolution electing coverage under the State Disability Insurance (SDI) Program for employees represented by the Supervisory and Professional Employees Bargaining Unit (Fiscal Impact —None) RECOMMENDED COUNCIL ACTION. 1) Adopt Resolution 2) Alternatively, discuss and take other action related to this item BACKGROUND & DISCUSSION: On September 19, 2006 Council approved a three year Memorandum of Understanding (MOU) between the City of El Segundo and the California Teamsters Public, Professional and Medical Employees Union, Local 911 (Supervisory and Professional Employees Bargaining Unit) The term of the MOU commenced October 1, 2006 and ends September 30, 2009 Section 11 of Article III of the MOU provides for the following "California State Disability (SDI) Program — The City will take all necessary administrative steps, as expeditiously as possible, to provide Union employees with State Disability Insurance Program coverage through the California Employment Development Department All actual costs associated with participation in the State Disability Insurance Program will be the responsibility of Union employees" ATTACHED SUPPORTING 1) Resolution FISCAL IMPACT. None Operating Budget: Amount Requested- Account Number: Various Project Phase: Appropriation Required: _ Yes X NO ORIGINATED BY. DATE: October 5, 2006 Bret Pl4gr lee, Director of Administrative Services rt, City Manager Agenda 552 1H 'JJJ BACKGROUND & DISCUSSION. Employees represented by the City Employees Association and the Police Support Services Employees Association bargaining units, as well as the City's unrepresented part-time employees currently participate in the State Disability Insurance Program The 2006 State Disability Insurance Program provides for the following ➢ The employee contribution rate is 0 8% ➢ The taxable wage limit is $79,418 per employee ➢ SDI may pay benefits for up to 52 weeks, with a waiting period of 7 days ➢ Benefits are available to eligible employees who are unable to work due to a non -work related injury or illness, or a medically disabling condition from pregnancy or childbirth ➢ The maximum benefit amount, based on the employee's highest quarter of earnings in their base period, is $840 per week Adoption of the Resolution is required in order to allow staff to begin the administrative application process necessary to provide SDI Program coverage for employees represented by the Supervisory and Professional Employees Bargaining Unit (Iyii RESOLUTION NO. A RESOLUTION ELECTING COVERAGE UNDER THE STATE DISABILITY INSURANCE (SDI) PROGRAM FOR EMPLOYEES REPRESENTED BY THE SUPERVISORY AND PROFESSIONAL EMPLOYEES BARGAINING UNIT. SECTION 1 The City Council finds and declares as follows A The Supervisory and Professional Employees Bargaining Unit has requested to receive State Disability Insurance coverage pursuant to California Unemployment Insurance Code section 2601, et seq B The California Unemployment Insurance Code section 710 5 enables a City, subject to the approval of the Director of Employment Development, to elect to become a covered employer C The City Council concludes that making an election pursuant to California Unemployment Insurance Code section 710.5 shall promote the best interests of the City by, among other things, promoting stable workforce SECTION 2 Pursuant to section 710.5 of the California Unemployment Insurance Code, El Segundo, a public agency employer, as defined in Section 3501 of the Government Code, elects to become an employer for disability insurance purposes only with respect to its Supervisory and Professional Employees Bargaining Unit SECTION 3 Subject to approval by the Director of Employment Development, the City of EL Segundo shall become an employer subject to the unemployment compensation disability insurance laws to the same extent as other employers, and services performed by members of the Supervisory and Professional Employees Bargaining Unit, shall constitute employment subject to such law SECTION 4. 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 O4Y SECTION 5 This Resolution will take effect immediately upon adoption PASSED AND ADOPTED this 17th day of October , 2006. Kelly McDowell, Mayor ATTEST Cindy Mortesen, City Clerk APPROVED ASfI I Mark D Hensli A ey r By Karl H Bar ssistant; ity Attorney EL SEGUNDO CITY COUNCIL MEETING DATE: October 17, 2006 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Calendar AGENDA DESCRIPTION: Consideration and possible action regarding a revision to the class specification for the job classification of Water Supervisor (Fiscal Impact — None) RECOMMENDED COUNCIL ACTION: 1) Approve the revised class specification, 2) Alternatively, discuss and take other action related to this item BACKGROUND & DISCUSSION: As part of the recent contract negotiations process with the Supervisory and Professional Employees Association Bargaining Unit, staff and Union representatives came to an agreement related to the current certification requirement for the job classification of Water Supervisor Accordingly, the class specification presented for Council approval has been revised to include the following Licensinq/ Certification Requirements ➢ A valid California Driver's License ➢ Grade III Water Distribution Certificate issued by the California Department of Health Services ATTACHED SUPPORTING DOCUMENTS: 1) Revised class specification FISCAL IMPACT: Operating Budget: Amount Requested: Account Number: Various Project Phase: Appropriation Required. _ Yes X NO ORIGINATED BY. DATE- October 10, 2006 Bret fVl IumJe�p, Director of Administrative Services i City Manager Agenda 552 5 0 43 City of Ell Segundo, CA WATER SUPERVISOR Job Description Job Code Definition: Under general supervision, plans and supervises the daily operations of the City Water Section, plans and supervises the installation, construction and maintenance of the City water distribution system, pumping and equipment maintenance operations Essential Functions: Essential functions, as defined under the Americans with Disabilities Act, may include the following duties and responsibilities, knowledge, skills and other characteristics This list of duties and responsibilities is ILLUSTRATIVE ONLY, and is not a comprehensive listing of all functions and tasks performed by positions in this class Characteristic Duties and Responsibilities: Plans, schedules, supervises, monitors and inspects the construction, maintenance, operation and replacement of City water facilities, equipment and systems, insures safe and efficient distribution of water, complies with State and Federal regulations regarding water system operations, insures all maintenance and repairs on all facilities and equipment are performed, inspects the work of contractors, insures necessary material, supplies and equipment are available through inventory management Responds to citizen complaints and determines appropriate corrective action, coordinates activities with other City staff in resolving complaints, Reviews plans, specifications and blueprints for proposed development to insure compliance with City rules, policies and code regulations, communicates with engineering staff and inspectors Reviews water sample lab reports for water quality, bacteriological sampling and makes recommendations for corrective action as necessary, monitors cross - connection control program, including site surveys, backflow devise testing and reporting Maintains records and logs of work performed, equipment and staffing usage, prepares reports, prepares and administers the Water Section budget Recommends hiring, trains, assigns, reviews and evaluates work of assigned staff, initiates corrective and /or disciplinary action, responds to grievances, initiates termination following established personnel policies and procedures and in consultation with the Public Works Director and Human Resources 10/06 G4� Knowledge, Skills and Other Characteristics: Knowledge of Federal, State and City rules, regulations, policies and procedures related to water systems construction and maintenance Knowledge of general construction and maintenance procedures Knowledge of equipment capabilities, limitations and safe operating characteristics Knowledge of traffic laws, ordinances and regulations relating to the operation of assigned equipment Knowledge of operation of water facilities Knowledge of OSHA safety standards related to all aspects of related public works projects Knowledge of methods of collection and preserving domestic water samples Knowledge of water systems record keeping Knowledge of principles and practices of supervision Skill in reviewing, monitoring and prioritizing the maintenance /repair of municipal water systems Skill reading blueprints and maps Skill responding to public works emergencies Skill in maintaining records and preparing reports Skill preparing budgets Skill supervising, training, evaluating and motivating employees, Skill utilizing public relations techniques in responding to inquiries and complaints Skill in establishing and maintaining effective working relationships with other department staff, other City employees and the public Working Conditions: Regularly exposed to vehicular traffic Regularly exposed to sounds and smells associated with equipment and materials Occasionally may work in confined spaces, in close proximity to structural, environmental, electrical, noise and mechanical hazards including bio- hazardous materials Licensing /Certification Requirements: A valid California driver's license Grade III Water Distribution Certificate issued by the California Department of Health Services Minimum Qualifications: Graduation from high school or GED and four (4) years increasingly responsible experience in water distribution and treatment including one (1) year supervisory or related lead work experience, or an equivalent combination of education and experience 10/06 04 5) EL SEGUNDO CITY COUNCIL AGENDA ITEM STATEMENT MEETING DATE. October 17. 2006 AGENDA HEADING: Consent Consideration and possible action to accept the project for the refurbishment of the racquetball courts at the Recreation Park (339 Sheldon Street) Approved Capital Improvement Project Project No PW 06 -10 (Final Contract Amount = $ 26,589 00) RECOMMENDED COUNCIL ACTION: Recommendation — (1) Accept the work as complete, (2) Authorize the City Clerk to file a Notice of Completion in the County Recorder's Office, and (3) Alternatively, discuss and take other action related to this item BACKGROUND & DISCUSSION. On July 18, 2006, the City Council awarded a contract to Trueline in the amount of $26,589 for the refurbishment of the racquetball courts at the at Recreation Park All work has now been completed to the satisfaction of the City and staff recommends acceptance of the project The final contract amount is $26,589 ATTACHED SUPPORTING DOCUMENTS: Notice of Completion FISCAL IMPACT. Operating Budget- Capital Improvement Program: Amount Requested. Account Number- Project Phase- Appropriation Required, Finton, Director of Public Works $50,000 $26,589 301 -400- 8202 -8481 Accept the work as complete No DATE, October 10, 2006 /0 /N 0 (} 0 Recording Requested by and When Recorded Mail To. City Clerk, City Hall 350 Main Street El Segundo, CA 90245 NOTICE OF COMPLETION OF CONSTRUCTION PROJECT Project Name Racquetball Courts Refurbishment at Recreation Park Project No PW 06 -10 Notice is hereby given pursuant to State of California Civil Code Section 3093 et seq that 1 The undersigned is an officer of the owner of the interest stated below in the property hereinafter described 2 The full name of the owner is City of El Segundo 3 The full address of the owner is City Hall, 350 Main Street, El Segundo, CA, 90245 4 The nature of the interest of the owner is Public Recreation Park 5 A work of improvement on the property hereinafter described was field reviewed by the City Engineer on October 5, 2006 The work done was Surface refurbishment of Racquetball Courts 6 On October 17, 2006, City Council of the City of El Segundo accepted the work of this contract as being complete and directed the recording of this Notice of Completion in the Office of the County Recorder 7 The name of the Contractor for such work of improvement was Trueline S The property on which said work of improvement was completed is in the City of El Segundo, County of Los Angeles, State of California, and is described as follows City recreation facilities 9 The street address of said property is 339 Sheldon Street Dated Steve Finton City Engineer VERIFICATION I, the undersigned, say I am the Director of Public Works /City Engineer of the City El Segundo, the declarant of the foregoing Notice of Completion, I have read said Notice of Completion and know the contents thereof, the same is -true of my own knowledge I declare under penalty of per jury the foregoing is true and correct Executed on 2006 at El Segundo, California Steve Finton Director of Public Works /City Engineer L} c� EL SEGUNDO CITY COUNCIL AGENDA ITEM STATEMENT MEETING DATE: October 17, 2006 AGENDA HEADING. Consent Agenda Consideration and possible action regarding the award of a contract to Shaw Industries Inc for the installation of new carpeting at Fire Station No 1 (Fiscal Impact = $30,000) RECOMMENDED COUNCIL ACTION: Recommendation — (1) Authorize the City Manager to execute a contract in a form as approved by the City Attorney with Shaw Industries Inc in the amount of $30,000 by piggybacking onto State of California Contract No 4- 97- 72 -0008A for replacement of carpeting at Fire Station No 1, and (2) Alternatively, discuss and take other action related to this item BACKGROUND & DISCUSSION. Fire Station No 1 is undergoing a minor remodel consisting of wall coverings, interior doors, kitchen cabinets, windows, window coverings, painting, carpeting and other minor improvements The estimated cost of the improvements is $124,000 with funding available from developer fees ($70,000) and Facilities Maintenance Funds ($54,000) The effort is being pursued as a point effort between the Fire and Public Works Departments Wall papering and door installation is currently underway and staff is working to arrange the remainder of the work (Background and Discussion continued on next page) ATTACHED SUPPORTING DOCUMENTS. None FISCAL IMPACT. Operating Budget: $30,000 Amount Requested: $30,000 Account Number- 405 -400- 0000 -6215 Project Phase: Award of Contract Appropriation Required: No ORIGItinton, i2ctor DATE. Steven ub lic Works 7 0 18 BACKGROUND & DISCUSSION Continued Carpeting will be the last order of work It is recommended that the City piggyback onto the State of California Contract No 4- 97- 72 -0008A with Shaw Industries, Inc for the purchase and installation of the carpeting Replacement of this carpet is scheduled and budgeted in the Fiscal Year 2006 -2007 Facilities Maintenance Fund The State contract with Shaw Industries, Inc was secured through a competitive bid process and other public agencies can piggyback onto the contract to take advantage of competitive pricing provided In July of this year, City Council approved piggybacking of this same contract for re- carpeting of several rooms at the Library 0 40 EL SEGUNDO CITY COUNCIL MEETING DATE: October 17, 2006 AGENDA ITEM STATEMENT AGENDA HEADING: New Business AGENDA DESCRIPTION. Consideration and possible action regarding a status report from the City's Program Manager on the Residential Sound Insulation Program (Fiscal Impact None) RECOMMENDED COUNCIL ACTION- 1 ) Receive and File report, and 2) Alternatively discuss and take other action related to this item BACKGROUND & DISCUSSION. In February 2006, the City entered a settlement agreement in which the Los Angeles World Airports (LAWA) provided $7,450,000 in additional funds to support the City of El Segundo's Residential Sound Insulation (RSI) Program These funds come with the condition that the money be appropriated within the first year In the past several years, the RSI Program has treated approximately 100 homes annually, utilizing federal grants from the Federal Aviation Administration (FAA) to cover 80% of eligible expenses, while property owners were responsible for remaining expenses related to the treatment of their property Property owners were responsible for 20% of costs associated with required RSI improvements and 100% of requested "Upgrades" or non - required improvements The new funding from LAWA eliminates the need for property owners to fund any costs associated with RSI Improvements, and enables the City's RSI Program to treat approximately 300 homes annually (Continued on next page) ATTACHED SUPPORTING DOCUMENTS' None FISCAL IMPACT. Operating Budget: N/A Amount Requested: N/A Account Number- N/A Project Phase. N/A Appropriation Required: N/A ORIGINATED- DATE. I A Z /2 d 6" (Background and Discussion continued) The new funding from LAWA was contingent upon the City continuing to utilize approximately $6,300,000 in federal grant money from the FAA to the maximum extent possible (80% of eligible expenses) until it was exhausted, using the new LAWA funding to supplement that funding (20% of eligible expenses) After the City has expended eligible FAA money, LAWA funding would be used to cover 100% of eligible expenses The Grant Implementation Plan (GIP) submitted to LAWA showed that LAWA funding would be used to treat homes starting with Group 5 of the City's RSI Program Staff expects that LAWA funding will be used to supplement FAA funding for Groups 5 -12, and will be used to fully fund homes in Groups 13 through 18 Groups 5 through 8 are expected to be completed this month, Group 10 is expected to be completed in November 2007, and Group 9 is expected to be completed in January 2007 The City is currently advertising a Notice Inviting Sealed Bids for Group 11, and staff is expecting to advertise notices inviting sealed bids for Groups 12 -18 before mid December Through January 2007, it is anticipated that the City will have committed and/or spent all of the $6,300,000 in FAA grant funding and the $7,450,000 in LAWA funding These funds will be used for RSI Improvements on Groups 5 — 18, which include approximately 370 homes, �dA EL SEGUNDO CITY COUNCIL MEETING DATE. October 17, 2006 AGENDA ITEM STATEMENT AGENDA HEADING: Councilmember Fisher AGENDA DESCRIPTION• Consideration and possible action to make John and Shirley Williams as "Honorary Citizens of El Segundo" and recognize them and their achievements at the City Council meeting of November 8, 2006 RECOMMENDED COUNCIL ACTION: 1) Recognize John and Shirley Williams as "Honorary Citizens of EI Segundo" and present official City proclamation to them on November 8, 2006, 2) Alternatively, discuss and take other action related to this Item BACKGROUND & DISCUSSION Recently, I received a letter from Ms. Loretta Frye that included a petition signed by more than 150 persons requesting that John and Shirley Williams become Honorary Citizens of El Segundo Mr. and Mrs Williams do not reside in the City, but have been active in the community since 1992 They are an essential part of the Senior Citizen community in El Segundo, and have contributed significantly to the success of Elderfest, the City's 4th of July event, the senior prom and the senior travel club The attached petition reflects the depth of affection felt for Mr and Mrs Williams in our community and I am requesting that they be made "Honorary Citizens" of our community Should the Council approve my recommendation, it is my intent that Mr and Mrs Williams be accorded all of the rights and privileges generally accorded to resident Senior Citizens who participate in City- sponsored programs Additionally, I would am requesting that the City Council recognize Mr and Mrs Williams formally under the "Presentations" section of the November 8, 2006 City Council Agenda ATTACHED SUPPORTING DOCUMENTS Letter and petition forwarded by Ms Loretta Frye FISCAL IMPACT: N/A Operating Budget: Amount Requested: Account Number: Appropriation Required: _Yes _ No OR�n- DATE: Uctober Bill Fisher, Cguncilfnember REVIEW DATE: S I,/ 11 z)6 Je e , City Manager 9 iJ J i Loretta Frye 538 Whiting E1 Segundo, CA 90245 October 10, 2006 Members of the City Council C/o Councilmember Bill Fisher City of E1 Segundo 350 Main Street E1 Segundo, CA 90245 Dear Councilmembers, Attached you will find a petition signed by one hundred and seventy four seniors for John and Shirley Williams to become honorary citizens of the city of E1 Segundo. A little background for the reason the seniors feels this is just and overdue- John and Shirley Williams have been members of the senior group and on the senior board since 1992. They attend all the senior meetings and are actively engaged with all aspects of senior life and activities plus meetings with the city. Shirley specifically has been vice president, chairperson of membership and secretary of the seniors club She also sits on the senior scholarship board which gives funds to the schools. She still steps in as secretary and is always stepping up and filling in where ever and when ever she is needed She even stepped in as president but was relieved of the duty, since she is not a resident, when a resident stepped up for that post Shirley will do what needs to be done to get the job done no matter what it is or what the obstacles are and also when no one else wants to do it Shirley organizes and sets up and decorates our pot luck dinner once a month, puts on the Saturday night dance and buys the refreshments Sets up and decorates for the senior prom, Fourth of July, Elderfest, new years dance and all the other special events we have. She is active in the travel club - going on trips and supporting all the seniors in getting out vJ� John is incredible and supports Shirley in all this. You'll find him hauling decorations or moving supplies and helping with setup. He is the one behind the scenes helping her accomplish all they great things they do for the seniors. He is a gentleman with a great smile and a wonderful handshake. Shirley and John keep the senior's club alive. They are a phenomenal team. They are active on the bowling team, "Striders" walking group and exercise classes. Shirley motivates seniors to get out and get active and it keeps us all going. On their 60th wedding anniversary they did a sit down dinner for all the seniors at their expense. There must have been 250 people an the room. They never complain and are the most optimistic people you will ever meet even when all odds are against them John and Shirley embody what is great and wonderful in the true spirit of volunteerism and a great asset to our community and city of El Segundo and particularly to our seniors. You'd think they live at the Jocelyn center because, especially with Shirley, she is there everyday. And I have to believe that many elders are alive today because of Shirley and John's work here in E1 Segundo. They keep us all alive and going. This was an easy petition to get signed. These seniors want John and Shirley to have the full benefits as any senior resident they serve so they are able to go on trips, get a recreation card and have all the other niceties afforded every other senior resident of the City E1 Segundo Everyone loves them and the great work they do. Please listen to your seniors and give them this much deserved designation as Honorary Citizens of E1 Segundo with all rights and privileges assigned. Respectfully, r,7 - Loretta Frye l J ,y' PETITIONfor JOHN and SHIRLEY WILLIAM& to become HONORARY CITIZENS of EL SEGUNDO 3 l Z� E 6 7 8 9 10 l) J v �j v I z M n u W PETITION for JOHN and SHIRLEY WILLIAMS to become HONORARY CITIZENS of EL SEGUNDO to �� 8 X ks. ( 0 4"P—L/ �/- �V If (Tc&md C,JJ PETITION foT JOHN and SHIRLEY WILLIAMS to become HONORARY CITIZENS of 0 EL SEGUNDO U 3 l7vc 4 LIZ, *Z- Gc �G4t� 5 6 dtli �6r slimy' MM C��G I PETITION for JOHN and SHIRLEY WILLIAMS to become HONORARY CITIZENS of EL SEGUNDO 6 `y Rl's —1 NC- G u h. P 7 /3emy jt / Ir s 17,1 8_ 0 10 00" 7 Ct J PETITION for JOHN and SHIRLEY WILLIAMS to become HONORARY CITIZENS of EL SEGUNDO 3 L 0 J 1 R, i I PETITION for JOHN and SHIRLEY WILLIAMS to become HONORARY CITIZENS of EL SEGUNDO L6LA ANTI Gh A R 10f+-6, 1,lxown,Il Et-Z, 3 VW Pt.vN'1Z — 1s;,P�, kvw-n-- C! 3 G 9 E 0 io ,j J ■ PETITION for JOHN and SHIRLEY WILLIAMS to become HONORARY CITIZENS of EL SEGUNDO 2 1(_ 424 /I ' 3 7 0 YJ 10 I 1 2 3 4 A /e' y l PETITION for JOHN and SHIRLEY WILLIAMS to become HONORARY CITIZENS of EL SEGUNDO Niv14 P1Ll =� 9 10 Ut;l I a 3 PETITION for JOHN and SHIRLEY WILLIAMS to become HONORARY CITIZENS of EL SEGUNDO 0 8 b.� 10 PETITION for JOHN and SHIRLEY WILLIAMS to become HONORARY CITIZENS of EL SEGUNDO 2 3 v ILC 6 V / v 7 8 �C ti L�zv PETITION for JOHN and SHIRLEY WILLIAMS to become HONORARY CITIZENS of EL SEGUNDO i PA 7 V/ ^ 1 w 06"1 itv. PETITION for JOHN and SHIRLEY WILLIAMS to become HONORARY CITIZENS of EL SEGUNDO 1 Q v-rk� '-�) ""r� 2 10 0 63 PETITION for JOHN and SHIRLEY WILLIAMS to become HONORARY CITIZENS of EL SEGUNDO (5-a -k- v C�/ da WOK 2 3 V 10106y) S�IIDUPJ 4 5 6 / —mac 7 s ZI) anvx a G;o1,,Nd n Q- Ceali- L ) lJ6C� iq l� PETITION for JOHN and SHIRLEY WILLIAMS to become HONORARY CITIZENS of EL SEGUNDO N 3 Fl 5 Gi r 0 C. 10 2 , �� iii O eA V�� li 1 z 3 PETITION for JOHN and SHIRLEY WILLIAMS to become HONORARY CITIZENS of EL SEGUNDO rl 01, 4l%/� 5 6 lXe' 7 al 8 Iz 9 10 68 16 PETITION for JOHN and SHIRLEY WILLIAMS- --- to become HONORARY CITIZENS of EL SEGUNDO 1 2 3l 4 5 6� 7 s 9� 10,- �j 1 �',6j 11 PETITION for JOHN and SHIRLEY WILLIAMS to become HONORARY CITIZENS of EL SEGUNDO i nq-et"L C , 3 C7 Q 0 10 1% PETITION for JOHN and SHIRLEY WILLIAMS to become HONORARY CITIZENS of EL SEGUNDO 1 Vven 4 / � 5 7 8 9 U C7 Al. 1� PETITION for JOHN and SHIRLEY WILLIAMS to become HONORARY CITIZENS of EL SEGUNDO 2 3 Kill-i TF.?it._ 5 6 E 10 r 0 1 ' 0 7 PETITION for JOHN and SHIRLEY WILLIAMS to become HONORARY CITIZENS of EL SEGUNDO G� d 7� M. 07 a) 3 PETITION for JOHN and SHIRLEY WILLIAMS to become HONORARY CITIZENS of 1 r� L,(111 w 4 5 6 7 8 9. EL SEGUNDO ,j7 4 EL SEGUNDO CITY COUNCIL MEETING DATE: October 17, 2006 AGENDA ITEM STATEMENT AGENDA HEADING: ReDort — Mavor Kelly McDowell Consideration and possible action regarding the City's voluntary participation in the South Bay Cities Council of Governments' ( SBCCOG) Enerqv Efficiencv Procurement Program 1) That the City Council adopts a Resolution establishing the City's commitment to voluntarily participate in the SBCCOG Energy Efficiency Procurement Program, 2) Alternatively, discuss and take other action related to this item BACKGROUND & DISCUSSION. High energy costs have placed a greater strain on city budgets To address this issue, the SBCCOG has been working closely with Southern California Edison and the Southern California Gas Company to develop and implement several important programs and initiatives The attached Resolution authorizes the City's participation in the SBCCOG Energy Efficiency Procurement Program To assist public agencies reduce their energy use and costs, the SBCCOG recently completed an assessment of over 60 facilities in 14 of its member agencies It uncovered a number of energy efficiency improvements that could produce annual savings of over 4 million kilowatt- hours (kWh) of electricity, over 15,000 therms of natural gas and over $3 3 million in combined electricity and natural gas cost savings over 5 years The SBCCOG is now assisting its members to capture these potential savings by pursuing programs to aggregate public agency energy efficiency projects to gain economies of scale that would reduce overall costs and improve the cost - effectiveness of such projects Several purchasing initiatives are planned Opportunities exist for cities to actively participate in these programs and initiatives to create significant energy and cost savings By adopting the attached Resolution, the City demonstrates its commitment to voluntarily participating in the SBCCOG Energy Efficiency Procurement Program ATTACHED SUPPORTING DOCUMENTS' Resolution FISCAL IMPACT. N/A Operating Budget: Amount Requested: Account Number: Project Phase: Yes X_ No u7 RESOLUTION NO. A RESOLUTION SUPPORTING THE SOUTH BAY CITIES COUNCIL OF GOVERNMENTS ( SBCCOG) ENERGY EFFICIENCY PROCUREMENT PROGRAM The City Council resolves as follows SECTION 1 The City Council finds and declares as follows A The South Bay Cities Council of Governments ( SBCCOG), of which the City of El Segundo is a member, has developed the 'Public Agency Facilities Energy Efficiency Program ( "EE+ Program)," which is being conducted in conjunction with the 2006 -2008 Local Government Partnership Energy Efficiency Program with Southern California Edison and Southern California Gas Companies under the auspices of the California Public Utilities Commission B The Program is designed to enhance the cost - efficiency of energy efficiency projects by combining the purchasing power of individual SBCCOG members to secure lower bid prices C The initial procurement initiative installed energy savings controllers on vending machines located in SBCCOG member cities, including the City of El Segundo These controllers turn vending machines off during periods of non - activity resulting in significant energy savings If all cities participate in this protect, over 250 devices will have been installed resulting in over 360,000 kWh in annual energy savings, over $32,000 of annual energy cost savings, and procurement cost savings of 33% (project cost savings as a direct result of joint procurement) D The SBCCOG is conducting various procurement initiatives, which involve the prequalification of potential bidders (as provided for in Public Contracts Code §20101), the specification of energy efficiency protects, and the receipt of bids for these protects SECTION 2 The City of El Segundo supports the implementation of protects that save energy, and, if the City Council finds that the protect bid prices are competitive and were secured through competitive bidding process in compliance with applicable law, the City Council may elect to take advantage of the bid prices and award contracts based on this procurement process 0 "1 G SECTION 3 This Resolution will remain effective until repealed or is superseded by subsequent resolutions or by ordinance SECTION 4 This Resolution will take effect immediately upon adoption PASSED AND ADOPTED this 17TH day of October, 2006 ATTEST Cindy Mortesen, City APPROVED AS Mark D Hensler An City Attorney Kelly McDowell, Mayor City of El Segundo u'l 7 EL SEGUNDO CITY COUNCIL AGENDA ITEM STATEMENT AGENDA MEETING DATE: October 17, 2006 AGENDA HEADING. Reports - Mayor McDowell Consideration and possible action to appoint a 90 -day ad hoc subcommittee of the City Council to discuss and recommendations regarding the City's outside film permit ordinance (Fiscal Impact None) COUNCIL ACTION' 1) Appoint Mayor McDowell and Councilmember Fisherto an ad hoc subcommittee to discuss the City's film permit ordinance, 2) Alternatively, discuss and take other action related to this item BACKGROUND & DISCUSSION. Over the past several weeks, members of the Council and staff have received complaints from residents about the amount of outside filming that takes place in the City and the imposition that it occasionally creates The concerns stated by residents are generally related to street closures and parking issues The issue of outside filming in the City was last considered by the City Council in 1999 Accordingly, I think it is appropriate that the Council appoint an ad hoc subcommittee to revisit the film permitting process and report back to the Council with its findings in the near future I recommend that the subcommittee be comprised of Councilmember Bill Fisher and myself ATTACHED SUPPORTING DOCUMENTS: None FISCAL IMPACT: N/A Operating Budget, Amount Requested: Account Number- Project Phase: Appropriation Required: Ma _Yes _ No DATE- /G /f r� 1 1 tj r