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2007 MAY 15 - CC PACKETA� I J AT E a U NERrf A C � F AGENDA EL SEGUNDO CITY COUNCIL COUNCIL CHAMBERS 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 portions of the Meeting 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 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) The request must include a brief general description of the business to be transacted or discussed at the meeting Playing of video tapes or use of visual aids may be permitted during meetings if they are submitted to the City Clerk two (2) working days prior to the meeting and they do not exceed five (5) minutes in length In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact City Clerk, 524 -2305. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, MAY 15, 2007 - 5 :00 P.M. Next Resolution # 4508 Next Ordinance # 1406 5:00 P.M. SESSION CALL TO ORDER ROLL CALL PUBLIC COMMUNICATION — (Related to City Business Only — 5 minute limit per person, 30 minute limit total) individuals who have received value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so identify themselves prior to addressing the City Council Failure to do so shall be a misdemeanor and punishable by a fine of $250 CLOSED SESSION: The City Council may move into a closed session pursuant to applicable law, including the Brown Act (Government Code Section §54960, et seg) for the purposes of conferring with the City's Real Property Negotiator, andfor 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 A CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Gov't Code §54956 9(a)) — 4 matters 1 City of El Segundo v 2221 Park Place, LASC Case No BC319034 2 City of El Segundo v City of Los Angeles, et al LASC No BS094279 3 Skipper v City of El Segundo, WCAB No LBO 0036740 4 Ingram v City of El Segundo, WCAB No MON 0301205 CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code §54956 9(b) -1- potential case (no further public statement is required at this time), Initiation of litigation pursuant to Government Code §54956 9(c) -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 0 2 2 J F 0 U . VIER 1 t 9 G, ,.M00001b, F AGENDA c 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 portions of the Meeting 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 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) The request must include a brief general description of the business to be transacted or discussed at the meeting Playing of video tapes or use of visual aids may be permitted during meetings if they are submitted to the City Clerk two (2) working days prior to the meeting and they do not exceed five (5) minutes in length In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact City Clerk, 524 -2305. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, MAY 15, 2007 - 7:00 P.M. 7:00 P.M. SESSION CALL TO ORDER INVOCATION — Father Jim Anguiano, St Anthony's Catholic Church PLEDGE OF ALLEGIANCE — Councilmember Carl Jacobson Next Resolution # 4508 Next Ordinance # 1406 0 PRESENTATIONS - (a) Proclamation recognizing Betty Wilburn as the 2007 El Segundo Senior Citizen of the Year, proclaiming the month of May, 2007 as Older Americans Month, and inviting the community to the Elderfest Celebration on May 19, 2007 from 11 00 a.m to 2 00 p m 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 D. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS Consideration and possible action on the recommendation by the Business Recruitment Task Force to authorize additional funding, amend the agreement with Shannon David, Inc. and continue the business recruitment marketing program for the remainder of FY 2006/2007 (Fiscal Impact: $55,000) Recommendation - (1) Receive presentation by Business Recruitment Task Force, (2) Approve recommendation to continue business promotion and advertising program, (3) Authorize $55,000 in additional funding for community promotion, (4) Authorize a third amendment to Agreement No 3454, (5) Alternatively discuss and take other action related to this item 0 4 E. CONSENT AGENDA All items listed are to be adopted by one motion without discussion and passed unanimously If a call for discussion of an Item is made, the dem(s) will be considered individually under the next heading of business 2. Warrant Numbers 2559384 to 2559643 on Register No. 15 in the total amount of $3,106,895.33 and Wire Transfers from 4/20/2007 through 5/3/2007 in the total amount of $643,025.40. 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. Regular City Council Meeting Minutes of May 1, 2007. Recommendation — Approval 4. Consideration and possible action to authorize the issuance of a Request for Proposals for seismic evaluation of the 3.1 Million Gallon Circular water reservoir located at 400 Lomita Street. Approved Capital Improvement Program RFP No. 07- 04. Water project No. 7103 -8227. (Fiscal Impact = $35,000 Water Enterprise Funds). Recommendation — (1) Authorize staff to issue a Request for Proposals, and (2) Alternatively discuss and take other action related to this item 5. Consideration and possible action to approve plans and specifications and to authorize staff to solicit bids for the installation of water mixers in El Segundo's three water reservoirs at 400 Lomita Street. Approved Capital Improvement Program Project No. PW 07 -05. Water Project No. 7103 -8229. (Fiscal Impact = $150,000 Water Enterprise Funds). Recommendation — (1) Approve plans and specifications, (2) Authorize staff to solicit bids for the installation of water mixers, and (3) Alternatively discuss and take other action related to this item 6. Consideration and possible action to approve plans and specifications, reject the low bid from LA Waste Collection as not responsive and award a Standard Public Works Contract to Ardalan Construction Company, Inc. for the El Segundo Library Children's Area Water Damage Restoration project. Project No. PW 07 -03 (Contract Amount = $59,000). Recommendation — (1) Approve plans and specifications, (2) Reject the low bid from LA Waste Collection as non responsive, (3) Authorize the City Manager to execute a Standard Public Works Contract in a form as approved by the City Attorney with Ardalan Construction Company, Inc, in the amount of $59,000 for the El Segundo Library Children's Area Water Damage Restoration project, and (4) Alternatively discuss and take other action related to this item 5 0 5 7. Consideration and possible action regarding adoption of plans and specifications for the reconstruction of Virginia Street between Sycamore Avenue and Maple Avenue. Project No. PW 07 -04 (Estimated Cost = $125,000). Recommendation — (1) Approve plans and specifications, (2) Authorize staff to advertise the project for receipt of construction bids, (3) Alternatively discuss and take other action related to this item CALL ITEMS FROM CONSENT AGENDA F. NEW BUSINESS 8. Consideration and possible action regarding a resolution indicating opposition to the Assembly Bill 640 changing groundwater replenishment assessments charged to water agencies pumping groundwater in the Central and West Basins. (Fiscal Impact = possible reduction in value of water rights) Recommendation — (1) Adopt a resolution indicating opposition to Assembly Bill 640, and (2) Alternatively discuss and take other action related to this item G. REPORTS — CITY MANAGER H. REPORTS — CITY ATTORNEY I. REPORTS — CITY CLERK J. REPORTS — CITY TREASURER K. REPORTS — CITY COUNCIL MEMBERS Council Member Fisher - Council Member Jacobson — Council Member Boulgarides — 6 0 6 Mayor Pro Tem Busch - Mayor McDowell — 9. Consideration and possible action regarding the appointment of a member of the City Council to serve on the City's Disaster Council for a period of one year. (Fiscal Impact — None) Recommendation — (1) Appoint a member of the City Council to serve as a member of the Disaster Council for a period of one year, (2) Alternatively discuss and take other action related to this item PUBLIC COMMUNICATIONS — (Related to City Business Onlv — 5 minute limit per person, 30 minute limit total) Individuals who have receive value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so identify themselves prior to addressing the City Council Failure to do so shall be a misdemeanor and punishable by a fine of $250 While all comments are welcome, the Brown Act does not allow Council to take action on any item not on the agenda The Council will respond to comments after Public Communications is closed MEMORIALS — CLOSED SESSION The City Council may move into a closed session pursuant to applicable law, including the Brown Act (Government Code Section §54960, at 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 REPORT OF ACTION TAKEN IN CLOSED SESSION (if required) ADJOURNMENT POSTED DATE May 9, 2007 TIME 12 45 p m NAME S Mcllroy X G 7 rortamation Crtp of OIL Oegunbo, California WHEREAS, May is traditionally Older Americans Month, a time to celebrate and pay tribute to the Senior Citizen Volunteers of El Segundo, WHEREAS, Older Americans possess and share a wealth of experience, background and history, malting them one of the City's most enduring resources and an important part of the ties that bind both family and community; WHEREAS, Today's efforts in designing a coordinated community -based system of care and services will contribute to the well -being of all Americans in the 21st century, WHEREAS, Betty Wilburn was elected by her peers as the El Segundo 2007 Senior Citizen of the Year, a recognition which offers our residents an opportunity to reflect upon the multiple talents and accomplishments of our City's older citizens NOW, THEREFORE, on this 15`x` day of May, 2007, the Mayor and Members of the City Council of the City of El Segundo, California, do hereby proclaim the month of May, 2007 OLDER AMERICANS MONTH and ]BETTY WILIBURN the 2007 El Segundo Senior Citizen of the Year and hereby invite the community to participate in the Elderfest Celebration on May 19, 2007, from 11 00 a m. to 2.00 p in, honoring BETTY WILBURN and other senior citizens who have given generously of their time and talent to improve the quality of life for all. 7I EL SEGUNDO CITY COUNCIL MEETING DATE: May 15, 2007 AGENDA ITEM STATEMENT AGENDA HEADING. Reports of Committees, Boards, and Commissions AGENDA DESCRIPTION. Consideration and possible action on the recommendation by the Business Recruitment Task Force to authorize additional funding, amend the agreement with Shannon David, Inc and continue the business recruitment marketing program for the remainder of FY 2006/2007 (Fiscal Impact $55,000) COUNCIL ACTION: Recommendation (1) Receive presentation by Business Recruitment Task Force, (2) Approve recommendation to continue business promotion and advertising program, (3) Authorize $55,000 in additional funding for community promotion, (4) Authorize a third amendment to Agreement No 3454, and (5) Alternatively, discuss and take other action related to this item BACKGROUND & DISCUSSION: In March 2005, the City Council awarded a contract to Shannon David, Inc for professional business recruitment campaign marketing and support services In the FY 2006 -07 budget, $150,000 was budgeted for these services The original budget included funding for new Sepulveda Blvd light pole banners and advertising and creative services funding for business promotion However, over the past several months, the City has repriontized approximately $35,000 in approved funding in order to leverage the effect of winning the LAEDC "Most Business Friendly City" award and take advantage of other planning and community promotion activities, such as an independent economic analysis on Plaza El Segundo, participation in publication of the Downtown Guide, funding a portion of the 90th Anniversary celebration and early design concepts related to the naming rights project for the Athletic Fields (Please see attached page marked 'Background and Discussion ") ATTACHED SUPPORTING DOCUMENTS: Third Amendment to Agreement No 3454 FISCAL IMPACT' FY 2006 -07 - $150,000 Operating Budget. $150,000 Amount Requested: $55,000 Account Number: 001 - 400 - 2101 -6201, 001 - 400 - 2101 -6214, 001- 400 - 2901 -6244 Appropriation Required: _Yes x No ORIGINATED BY* DATE, 6�i V' s`9 %D7 I 0 9 Background and Discussion (con't): Accordingly, to accomplish the original community promotion work plan for the current fiscal year, it will be necessary to provide additional funding to complete the community recruiting program activities recommended by the Business Recruitment Task Force The Business Recruitment Task Force met recently to review project status and assess program direction The Task Force determined the program warranted continuation with several enhancements Specifically, it is recommended the City repeat its advertising campaign focusing on the positive publicity /image created from the City's receipt of the LAEDC Most Business Friendly City Award, develop a brochure system of print collaterals highlighting El Segundo's competitive advantages, undertake web site enhancements, promote City of El Segundo brand recognition, and amend the Shannon David professional services contract to authorize sufficient funding to carry program activities through the remainder of the fiscal year To complete that work, staff recommends that the City Council authorize an additional expenditure of $55,000 to complete the FY 2006/2007 community recruitment program and authorize a third amendment to the contract agreement with Shannon David, Inc OX, 0 THIRD AMENDMENT TO AGREEMENT NO. 3454 BETWEEN THE CITY OF EL SEGUNDO AND SHANNON DAVID, INC. THIS 3RD AMENDMENT ( "Amendment ") is made and entered into this 15TH day of May 2007, by and between the CITY OF EL SEGUNDO, a general law city and municipal corporation existing under the laws of California ( "CITY "), and Shannon David, Inc , a Consultant ( "CONSULTANT "), Pursuant to Section 34 of Agreement No. 3454 ( "Agreement "), Section IC) is amended to read as follows "C" As additional consideration, CITY agrees to pay CONSULTANT a sum not to exceed Fifty Five Thousand Dollars ($55,000) for CONSULTANT'S services CITY may modify this amount as set forth below Unless otherwise specified by written agreement to this Agreement, CITY will pay this sum as specified in the attached Exhibit "A ", which is incorporated by reference " 2 This Amendment may be executed in any number or counterparts, each of which will be an original, but all of which together constitutes one instrument executed on the same date Except as modified by this Amendment, all other terms and conditions of Agreement No 3454 remain the same IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first heremabove written CITY OF EL SEGUNDO Jeff Stewart, City Manager ATTEST Cindy Mortesen, City Clerk APPROVED AS TO FORM MARK D HENSLEY. City Attorney Karl H. Berger, Assistant City Attorney Shannon D Earle Shannon David, Inc Taxpayer ID No 20- 2542798 L' � i (( \ ! § \ =)!r \ \)\ }(\ } E § )j}) \; o ( \ §[ §!!E>i §§(( Zz \ \j)(§). ..I/ ) }\((() }(\\! \([ /\ }� > � U12 \ \ } v ° (\ 6 \ F \� \} \( / { �� , -E }\ \ \(; � U12 CITY OF EL SEGUNDO PAYMENTS BY WIRE TRANSFER 4/20/2007 THROUGH 5/3/2007 Date Payee Amount Description 4/20/2007 La Salle 43,725 00 ABAG Payment 4/20/2007 State of CA 1,301 54 Child support withholdings 4/20/2007 Federal Reserve 20000 Employee I Bonds 4/20/2007 Federal Reserve 5000 Employee EE Bonds 4/23/2007 Nationwide Retirement 24,575 74 457 contributions 4/25/2007 Health Comp 2,05402 Weekly claims 4/20 4/25/2007 Lane Donavan Golf Ptr 19,463 97 payroll transfer 4/25/2007 Cal Pars 248,888 21 Retirement 413012007 Siemens Financial Services 44,837 50 Qtrly Energy Payment 5/2/2007 Health Comp 7,48732 Weekly claims 4/27 5/3/2007 Employment Development 37,405 53 State Taxes 5/3/2007 IRS 196,653 77 Federal Taxes 4/20 - 5/3/07 Workers Comp Activity 16,382 80 SCRMA checks issued 643,025 40 DATE OF RATIFICATION 5/15/07 TOTAL PAYMENTS BY WIRE. 643,025 40 Certified as to the accuracy of the wire transfers by -em : /7/07 Date Dire for Admirn ive Service Date City ager Da I ormation on actual expenditures is available in the City Treasurer's Office of the City of El Segundo i' 1,3 REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, MAY 1, 2007 - 5 00 P M 5 00 P M SESSION CALL TO ORDER — Mayor McDowell at 5 00 p m ROLL CALL Mayor McDowell Mayor Pro Tern Busch Council Member Boulgandes Council Member Fisher Council Member Jacobson Present Present Present Present — arrived at 5 10 p m 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 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)) — 2 matters City of El Segundo v 2221 Park Place, LASC Case No. BC319034 City of El Segundo vs City of Los Angeles, et al LASC No BS094279 CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code §54956 9(b) -0- potential case (no further public statement is required at this time), Initiation of litigation pursuant to Government Code §54956 9(c) -0- matter DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957) -0- matter CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957 6) -0- matter CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956 8) -0- matter SPECIAL MATTERS -0- matter Council recessed at 6 50 p m 3 MINUTES OF THE REGULAR CITY COUNCIL MEETING MAY 1, 2007 PAGE NO 1 014 REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, MAY 1, 2007 - 7 00 P M 7 00 P M SESSION CALL TO ORDER — Mayor McDowell at 700 p m INVOCATION— Bonnie Wulff, Living in the Inter Foundation PLEDGE OF ALLEGIANCE — Councilmember Bill Fisher PRESENTATIONS — Council Member Fisher presented a Proclamation to Linda Lovitt, and Dave Wagner declaring the month of May, Relay For Life month and designate May 12, 2007 and May 13, 2007 as Relay For Life days throughout the City of El Segundo b Council Member Boulgarides presented a Proclamation to Police Chief Dave Cummings, Sgt Glen Coles, and Fire Chief Kevin Smith, declaring Saturday, May 12, 2007 as El Segundo Public Safety Service Day and invite the community to participate in the point Open House from 10 00 a m to 2 00 p m ROLL CALL Mayor McDowell - Present Mayor Pro Tern Busch - Present Council Member Boulgarides - 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 — NONE A PROCEDURAL MOTIONS Consideration of a motion to read all ordinances and resolutions on the Agenda by title only MINUTES OF THE REGULAR CITY COUNCIL MEETING MAY 1, 2007 PAGE NO 2 oi3 MOTION by Council Member Jacobson, SECONDED by Council Member Fisher to read all ordinances and resolutions on the Agenda by title only MOTION PASSED BY UNANIMOUS VOTE 5/0 B SPECIAL ORDERS OF BUSINESS C UNFINISHED BUSINESS D REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS E CONSENT AGENDA All items listed are to be adopted by one motion without discussion and passed unanimously If a call for discussion of an item is made, the item(s) will be considered individually under the next heading of business Approved Warrant Numbers 2559118 to 2559383 on Register No 14 in the total amount of 907,890 70 and Wire Transfers from 04/06/2007 through 04/19/2007 in the total amount of $1,299,637.61 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 2 Approved Regular City Council Meeting Minutes of April 17, 2007 3 Determined that the City Council does not protest the issuance of a new Alcoholic Beverage Control (ABC) license for a new restaurant under construction at a new shopping center (Plaza El Segundo) located at 710 Allied Way, Suite D, EA No 736 and AUP No 06 -10 Applicant La Sirena Grill & Cantina, Inc (Fiscal Impact None) 4 Waived the formal bidding process per El Segundo Municipal Code Sec 1 -7 -10 and authorize the Fire Department to purchase ResQTek high pressure air bags from Lee & Associates Rescue Equipment, Inc , on a sole source basis for the City's Urban Search and Rescue vehicle (Fiscal Impact $25,100) Adopted plans and specifications for the 2006 -2007 annual contract for curb, curb and gutter, handicap access ramps, sidewalk and other minor improvements at various locations citywide Approved Capital Improvement Program Project No PW 07 -02 CDBG Project No 600858 -06 (Fiscal Impact $253,782 - $87,782 CDBG funds, $150,000 Gas Tax funds and $16,000 TDA funds) Authorized staff to advertise the project for receipt of bids Accepted work as complete on construction related to Group 9 (25 Dwellings) and Group 10 (23 Dwellings) of the City's Residential Sound Insulation Program Project Numbers RSI 06 -03 an RSI 06 -04 (Fiscal contracts total = $1,934,061 93) Authorized the City Clerk to file the City Planning and Building Safety Director's Notices of Completion in the County Recorder's Office 7 PULLED FOR DISCUSSION BY MAYOR PRO TEM BUSCH MINUTES OF THE REGULAR CITY COUNCIL MEETING MAY 1, 2007 PAGE NO 3 0 i G MOTION by Council Member Fisher SECONDED by Mayor Pro Tern Busch to approve Consent Agenda Items Number 1, 2, 3, 4, 5, and 6 MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0 CALL ITEMS FROM CONSENT AGENDA 7 Consideration and possible action to approve the first amendment to contract agreement No. 3484 between the City of El Segundo and Fireworks and Stage FX America, Inc and include the 4th of July fireworks show for 2007 (Fiscal Impact $22,000) Authorized the City Manager to execute the amendment to Agreement No 3484 as approved to form by the City Attorney MOTION by Mayor Pro Tern Busch, SECONDED by Council Member Fisher approve the first amendment to contract agreement No 3484 between the City of El Segundo and Fireworks and Stage FX America, Inc and include the 4th of July fireworks show for 2007 (Fiscal Impact $22,000) Authorized the City Manager to execute the amendment to Agreement No. 3484 as approved to form by the City Attorney MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0 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 Council Member Boulgandes — NONE Mayor Pro Tern Busch — NONE Mayor McDowell — NONE PUBLIC COMMUNICATIONS — (Related to City Business Only — 5 minute limit per person, 30 minute limit total) Individuals who have receive value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so identify themselves 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. — NONE MINUTES OF THE REGULAR CITY COUNCIL MEETING MAY 1, 2007 PAGE NO 4 00 MEMORIALS — Sandra Romero, devoted wife, mother, grandmother, sister, aunt and friend to many CLOSED SESSION - NONE ADJOURNMENT — at 7 18 p m Cindy Mortesen, City Clerk MINUTES OF THE REGULAR CITY COUNCIL MEETING MAY 1, 2007 PAGE NO 5 GI 18 EL SEGUNDO CITY COUNCIL MEETING DATE May 15, 2007 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION Consideration and possible action to authorize the issuance of a Request for Proposals for seismic evaluation of the 3 1 Million Gallon Circular water reservoir located at 400 Lomita Street Approved Capital Improvement Program RFP No 07 -04 Water Project No 7103 -8227 - (Fiscal Impact = $35,000 Water Enterprise Funds) RECOMMENDED COUNCIL ACTION Recommendation — (1) Authorize staff to Issue a Request for Proposals, and (2) Alternatively discuss and take other action related to this item BACKGROUND & DISCUSSION The existing 3 1 million gallon tank was constructed in 1949 It is a circular reinforced concrete reservoir with an Inner and outer compartment In the September 2005 Water Master Plan report, it was noted that the exterior walls of the reservoir may not conform to current earthquake standards To verify compliance or to recommend corrective actions, it is recommended that a structural evaluation be performed by a structural engineer The recommended Request for Proposals would solicit proposals from qualified structural engineering firms ATTACHED SUPPORTING DOCUMENTS Location Map FISCAL IMPACT Capital Improvement Program, $35,000 Amount Requested $0 Account Number. 106 -400- 7103 -8227 - $35,000 Project Phase- Issue Request for Proposals Appropriation Required No ORIGINATED B DATE. S/ fi/� Dan Garcia, Assistan Cit Engineer S ve Works Director REVIEWED DATE, G Jeff, City Manager / 0 1:) �" Vx- O EL SEGUNDO CITY COUNCIL AGENDA ITEM STATEMENT AGENDA DESCRIPTION MEETING DATE- May 15, 2007 AGENDA HEADING Consent Agenda Consideration and possible action to approve plans and specification and to authorize staff to solicit bids for the Installation of water mixers In El Segundo's three water reservoirs at 400 Lomita Street Approved Capital Improvement Program Project No PW 07 -05 Water Project No 7103 -8229 - (Fiscal Impact = $150,000 Water Enterprise Funds) RECOMMENDED COUNCIL ACTION Recommendation — (1) Approve plans and specifications; (2) Authorize staff to solicit bids for the Installation of water mixers, and (3) Alternatively discuss and take other action related to this Item, BACKGROUND & DISCUSSION (See next page) ATTACHED SUPPORTING DOCUMENTS Location Map Low /High Pressure Water Zone Map Vertical Mixing Diagram FISCAL IMPACT Capital Improvement Program $150,000 Amount Requested, $0 Account Number: 106 - 400 - 7103 -8229 - $150,000 Project Phase; Adopt plans and specifications Appropriation Required: No ORIGINATE DATE Dan Garcia, Assl tant ity Engineer St ve Flnton, ublic Works Director 7 Manager 5 021 BACKGROUND & DISCUSSION (continued): With the introduction of ammonia to Metropolitan Water District's disinfection process in the mid 1990's, anew issue has arisen for jurisdictions that purvey water The ammonia addition mixed with chlorine produces chlorammes which have a tendency to "nitrify" without proper mixing Currently, El Segundo has addressed its water quality by mixing it's three reservoirs by adjusting the level of the reservoirs once per week by opening valves from the separation of the high pressure zone to fill the reservoirs and allowing the water level to nse Then, once the reservoirs are filled, the valves are closed and by pumping into the low pressure zone system the rest of the week, the water level again lowers This once per week "fill and draw" is below the 2 -day mixing recommended by the Environmental Protection Agency In addition, the storage requirements of the three water reservoirs for emergency response considerations in the low pressure area (most of the residential area of El Segundo) are currently inadequate In other words, when the water level is low in the reservoirs, the amount of water for fire suppression and emergency storage would only suffice for 3 days instead of the 1 week recommendation by the Federal Emergency Management Agency The ideal situation for our current reservoir configuration would be to keep the water levels high and mix the water in -place to prevent the chloramines from stratifying and nitrifying Staff has reviewed several mixing technologies that California water purveyors have adopted One such technology was the introduction of several nozzles that were directed in different directions around the reservoirs This technology was not recommended since it was dependent on the sufficient fill and draw every two days which is not currently possible with El Segundo's current reservoir configuration and plans to increase the amount of storage for El Segundo emergency response requirements Another technology was that of a propeller and motor This technology was not feasible due to the insufficient results of the mixing and the introduction of additional maintenance One technology that is being considered is a mixer that takes the bottom /cold stratified layer of the water column inside the reservoir and disperses it to the top /warmer layer and achieves the 2 day mixing requirement with the water levels maximized, and thereby eliminating thermal and chemical stratification (nitrification) It is this technology or equal that staff is recommending for application to El Segundo's three water reservoirs 02 023 4 t �i h O f � f a Q K CATS NOUVIAI QAV Vg3Nnd?S N /YJ Y+ IS NIVW n 4M J�StP oE� MNa auraV TAladPSs N s.. �U) cn W N W K W Z i I`'o T co (v w � J�StP oE� MNa auraV TAladPSs N s.. �U) cn W N W K W Z i a u N y � V a 0 ) A tI- -i 0z") EL SEGUNDO CITY COUNCIL MEETING DATE: May 15, 2007 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action to approve plans and specifications, reject the low bid from LA Waste Collection as not responsive and award a Standard Public Works Contract to Ardalan Construction Company, Inc for the El Segundo Library Children's Area Water Damage Restoration project Project No PW 07 -03 (Contract Amount = $59,000) RECOMMENDED COUNCIL ACTION: Recommendation — (1) Approve plans and specifications, (2) Reject the low bid from LA Waste Collection as not responsive, (3) Authorize the City Manager to execute a Standard Public Works Contract in a form as approved by the City Attorney with Ardalan Construction Company Inc, in the amount of $59,000 for the El Segundo Library Children's Area Water Damage Restoration project and, (4) Alternatively, discuss and take other action related to this item BACKGROUND & DISCUSSION. (Background and discussion continued on the next page ATTACHED SUPPORTING DOCUMENTS: None FISCAL IMPACT: Operating Budget: Capital Improvement Program: $60,000 Amount Requested: $59,000 Account Number. 405 - 400 - 0000 -6215 Protect Phase: Award of Contract Appropriation Required: No ORIGINATED BY' DATE: 5 z #7 Steten Fenton, Director of Public Works REVIEWEDQ DATE 5 Z Jeff r4 026 BACKGROUND & DISCUSSION: (continued) On April 24, 2007 the City Clerk received and opened five (5) bids as follows 1 LA Waste Collection $ 54,600A0 2 Ardalan Construction Co Inc 59,000 00 3 ProTech Construction 62,489 28 4. Enviro -Tech Abatement 78,400 00 5 Union Construction Co 105,200 00 A review of LA Waste Collection's proposal shows that it is not responsive to the City's bid solicitation Specifically, the proposal fails to list references Such references are required in order for the City to verify the company's experience and ability to complete the project Staff recommends that LA Waste Collection's bid be rejected and the contract be awarded to the next lowest responsible bidder Staff has contacted references of the Ardalan Construction Company Inc , and has received favorable responses Staff recommends awarding a Public Works Contract to the lowest responsible bidder, in the amount of $59,000 6,27 EL SEGUNDO CITY COUNCIL MEETING DATE: May 15, 2006 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION. Consideration and possible action regarding adoption of plans and specifications for the reconstruction of Virginia Street between Sycamore Avenue and Maple Avenue to enhance drainage Project No PW 07 -04 — (estimated cost = $125,000) RECOMMENDED COUNCIL ACTION- Recommendation — (1) Approve plans and specifications, (2) Authorize staff to advertise the project for receipt of construction bids, (3) Alternatively, discuss and take other action related to this item BACKGROUND & DISCUSSION: Currently, the west side of Virginia Street between Sycamore Avenue and Maple Avenue has a problem with storm water flooding resident's properties due to low curbs and properties which slope away from the street Residents of this block have requested that this area be Improved to eliminate this problem This project provides for the reconstruction of street pavement, curb, driveway approaches and one handicap ramp This project Is funded through the FY 2006 -2007 Capital Improvement Program Plans and Specifications are available for review at the Public Works counter ATTACHED SUPPORTING DOCUMENTS, Location map FISCAL IMPACT* Operating Budget: Amount Requested: Account Number: Project Phase: Appropriation Required: $135,000 $135,000 301 - 400 - 8203 -8951 Adoption of plans and specifications No DATE. -/,/6J Sieve Flnfbn, Dlr ctor of Public Works REVIEWE DATE: G Jeff , Clty Manager i Olt-1$ li -2 EL SEGUNDO CITY COUNCIL MEETING DATE: May 15, 2007 AGENDA ITEM STATEMENT AGENDA HEADING: New Business AGENDA DESCRIPTION: Consideration and possible action regarding a resolution indicating opposition to the Assembly Bill 640 changing groundwater replenishment assessments charged to water agencies pumping groundwater in the Central and West Basins (Fiscal Impact = possible reduction in value of water rights) RECOMMENDED COUNCIL ACTION: (1) Adopt a resolution indicating opposition to Assembly Bill 640, and, (2) Alternatively discuss and take other action related to this Item BACKGROUND & DISCUSSION: The Water Replenishment District of Southern California (WRD) was formed in 1959 to protect the Central and West Coast groundwater basins In the early 1960's, the basins were adjudicated to assign groundwater rights and to limit pumping The WRD manages groundwater recharge activities such as the salt water barrier line running through south bay cites and spreading basins along the San Gabriel River Entitles that pump groundwater must pay a groundwater Replenishment Assessment (RA) to the WRD for each acre -foot of water pumped Historically, replenishment costs have been shared among pumpers across both basins due to the interconnectivity and underflow of groundwater between the two basins Pumpers in both basins, therefore, pay the same RA ($138 per acre -foot) ATTACHED SUPPORTING DOCUMENTS: 1 Map of West and Central Basins 2 Resolution 3 Senate Bill 640 FISCAL IMPACT: Operating Budget: N/A Amount Requested: N/A Account Number: N/A Project Phase: N/A Appropriation Required: No DATE: I_Ar/ 7 Stele Finton, Public Works Director RMaCity DATE: Je ager p % C7 �l J BACKGROUND & DISCUSSION Continued: In late 2006, the Southeast Water Coalition (SEWC) including several agencies in the Central Basin commissioned a study to evaluate the cost difference between replenishment activities in the Central and West basins The study found that a cost difference does exists The cost of operating injection wells in the West Basin far exceeds the costs of operating spreading basins in the Central Basin The study ignores, however, the mterconnectivity and underflow between the basins In February 2007, Southeast Los Angeles County pumpers convinced Assemblyman Hector De La Torre to introduce Assembly Bill 640 (AB 640) that includes language to mandate the WRD to establish a differential RA for the Central and West Basins in accordance with a report prepared by the SEWC AB 640 would reduce the Central Basin RA by 40% (to $83 per acre -foot) and increase the West Basin RA by over 160% (to $366 per acre -foot) This would make groundwater in the West Basin the most expensive ground water in the State of California and would increase the West Basin's dependence on imported water It is recommended that City Council approve the resolution opposing AB 640 for the following reasons 1 Reduces Value of El Segundo's Water Rights - The City of El Segundo has 953 acre- feet/yr of adjudicated water rights Presently, El Segundo has no wells and pumps no groundwater, therefore there is no immediate cost impact if AB 640 passed The longer -term impact of AB 640 would be a reduction in the value of El Segundo's water rights Agencies can sell or lease water rights to other entities within the basin The present rate for annual leasing of water rights is between $50 and $75 per acre -foot If the RA was increased in the West Basin according to AB 640, leasing rates would certainly be reduced 2 Increases dependence on imported water - It is likely that if the RA is increased in the West Basin according to AB 640, some entities will find it economically infeasible to continue pumping groundwater and will purchase more imported water instead Adjudicated pumping limits in the Central Basin have already been reached and no additional pumping can occur there AB 640 will result in a net increased dependence on imported water 3 Increased costs to residents and businesses in the West Basin — Agencies that currently pump groundwater in the West Basin will be forced to pay more to pump or they'll be forced to purchase more costly imported water These additional costs will be passed through to the rate payers Rates in El Segundo rates should not be affected unless the Bill eventually affects the cost of imported water 4 Ilc nores interconnectivity and underflow between the Central and West Basin aquifers — The study on which AB 640 was based assumes no flow of groundwater between basins It has long been accepted that there is significant flow between the West and Central Basins Bill Status AB 640 was passed by the Committee on Local Government on April 26, 2007 and has been referred to the Committee on Appropriations for consideration on May 16, 2007 �JY Resolution Opposina AB 640 To counter this effort, cities and water agencies in the West Basin and other areas are being encouraged to pass resolutions of their respective City Councils and governing boards to oppose this bill Staff recommends passing this resolution opposing AB 640 to protect the value of the City's water rights, avoid increased costs to residents and businesses and to avoid increased dependence on imported water Other entities that have indicated their opposition to the Bill are as follows 1 West Basin Municipal Water District 2 City of Torrance 3 City of Manhattan Beach 4 City of Inglewood 5 City of Lomita 6 California Water Service Company 7 West Basin Water Association 032 RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA OPPOSING CALIFORNIA ASSEMBLY BILL 640 AUTHORED BY ASSEMBLY MEMBER DE LA TORRE The City Council of the City of El Segundo does resolve as follows SECTION 1 The City Council finds and declares that A A study was commissioned by the Southeast Water Coalition to evaluate the direct costs of replenishment in the West Coast and Central Basins, governed by the Water Replenishment District (WRD) of Southern California, B Utilizing only the findings by the Southeast Water Coalition, Assembly Bill 640 (AB 640) was introduced by Assembly Member Hector De La Torre (Downey), C AB 640 would mandate a "basin specific" rate assessment for groundwater replenishment in both the basins governed by WRD, rather than the balanced, single "uniform" rate currently assessed, D If passed, AB 640 would contradict balanced regional water supply planning and decision - making, disrupt local water conservation and water recycling programs, and discourage local groundwater pumping, conjunctive use and water banking opportunities designed to drought -proof the region E AB 640 would unjustly increase the cost of groundwater pumped from the West Coast Basin by West Coast Basin water agencies and would financially harm residents and businesses served by water agencies pumping groundwater in the West Coast Basin SECTION 2 Council of the City of El Segundo, California hereby resolves as follows A That AB 640 would have the detrimental effect of unjustly imposing higher water rates upon water customers served by water agencies pumping groundwater in the West Coast Basin B That AB 640 places self - serving economic considerations above balanced regional water supply planning and decision - making C That in order to protect residents and businesses in the City of El Segundo and through the West Coast Basin and to ensure a safe and reliable water supply for the region, the City Council of the City of El Segundo opposes AB 640 D That the City Manager is authorized to take such action as may be necessary to implement the intent and purpose of this resolution -1- 034 SECTION 3 The City Clerk is directed to certify the adoption of this Resolution, record this Resolution in the book of the City's original resolutions, file a certified copy of this resolution with Board of Supervisors and the County Surveyor of the County of Los Angeles, and make a minute of the adoption of the Resolution in the City Council's records and the minutes of this meeting SECTION 4 This resolution will become effective immediately upon adoption PASSED, APPROVED, AND ADOPTED this 1551 day of May 2007 Kelly McDowell, Mayor STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I, Cindy Mortesen, City Clerk of the City of El Segundo, California, hereby certify that the whole number of members of the City Council of the City is five, that the foregoing Resolution No was duly passed and adopted by said City Council, approved and signed by the Mayor of said City, and attested to by the City Clerk of said City, all at a regular meeting of said Council held on the 15th day of May 2007, and the same was so passed and adopted by the following roll call vote AYES NOES, ABSENT ABSTAIN ATTEST Cindy Mortesen, City Clerk APPROVED AS TO FORM Mark D Hensley, City Attorney 0 Karl H Berger, Assistant City Attorney -2- 035 AMENDED IN ASSEMBLY APRIL 30, 2007 AMENDED IN ASSEMBLY MARCH 28, 2007 CALIFORNIA LEGISLATURE - 2007 -08 REGULAR SESSION ASSEMBLY BILL No. 640 Introduced by Assembly Member De La Torre February 21, 2007 An act to amend Sections 60300, 60305, 60306, 60309, 60315, 60316, 60317, 60317 5, and 60325 of the Water Code, relating to water LEGISLATIVE COUNSEL'S DIGEST AB 640, as amended, De La Torre Water replenishment districts (1) The Water Replenishment District Act provides for the formation of water replenishment districts, The act grants authority to a water replenishment district relating to the replenishment, protection, and preservation of groundwater supplies within that district The act requires the board of directors of a water replenishment district to prepare annually an engineering survey and report that includes information relating to the groundwater supplies within the district The act requires the board to make certain determinations in connection with a decision to impose a water replenishment assessment to purchase replenishment water or to remove contaminants from the groundwater supplies of the district The act requires the water replenishment assessment to be fixed at a uniform rate per acre -foot of groundwater produced within the district This bill, instead, would require information in that engineering survey and report, and those related determinations, to pertain to the groundwater in each basin within the district The board of directors of a water replenishment district, upon determining to impose a water 97 U.I6 AB 640 —2— replenishment assessment on the production of groundwater from each groundwater basin, would be required, except as otherwise provided, to impose the assessment in an amount that is calculated to pay for costs that include the actual cost of replenishing the groundwater basin, removing contaminants from the groundwater basin, and the administrative costs of the district The charge would be required to be fixed at a uniform rate The bill would make other conforming changes By establishing these requirements on a water replenishment district, the bill would impose a state- mandated local program determines that the bill eentams easts inaftdated by hhe state; reimbtifsement fbr these eosts shaii be made ptustiant to these statute (2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state Statutory provisions establish procedures for making that reimbursement This bill would provide that no reimbursement is required by this act for a specified reason Vote majority Appropriation no Fiscal committee yes State - mandated local program yes The people of the State of California do enact as follows 1 SECTION 1 Section 60300 of the Water Code is amended to 2 read 3 60300 Not later than the second Tuesday in February of each 4 year, the board shall order an engineering survey and report to be 5 made regarding the groundwater supplies of the district The 6 engineering survey and report shall include, among all other 7 information and data that the board may require, the following- 8 (a) Records, data, and other information for the consideration 9 of the board in its determination of the annual overdraft 10 (b) Records, data, and other information for the consideration 11 of the board in its determination of the accumulated overdraft as 12 of the last day of the preceding water year 97 j7 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 —3— AB 640 (c) A report, with supporting data, as to the total production of groundwater from the groundwater supplies within the replenishment district during the preceding water year (d) A report, with supporting data, as to the changes during the preceding water year in the pressure levels or piezometric heights of the groundwater contained within pressure -level areas of the replenishment district, and as to the effects thereof upon each groundwater basin within the replenishment district (e) An estimate of the annual overdraft for the current water year and for the ensuing water year (f) An estimate of the accumulated overdraft as of the last day of the current water year (g) An estimate of the total production of groundwater from each groundwater basin within the replenishment district for the current water year and for the ensuing water year (h) An estimate of the changes during the current water year in the pressure levels or piezometric heights of the groundwater contained within pressure -level areas of each groundwater basin within the replenishment district, and of the effects thereof upon each groundwater basin within the replenishment district (i) An estimate of the quantity, source, and cost of water needed to replenish the groundwater in each basin within the replenishment district during the ensuing water year under the provisions of Section 60315 0) An estimate of the total costs, including program and administrative costs, of the district during the ensuing water year SEC 2 Section 60305 of the Water Code is amended to read 60305 (a) On or before the second Tuesday in March of each year, and provided the engineering survey and report required by Section 60300 has been made, the board, by resolution, shall declare whether funds shall be raised to purchase water for the replenishment of any groundwater basin within the district during the next ensuing fiscal year and whether the funds shall be raised by any of the following (1) A water charge, as provided in Chapter 2 (commencing with Section 60245) of Part 5 (2) A general assessment, as provided in Chapter 3 (commencing with Section 60250) of Part 5 (3) A replenishment assessment as provided in this chapter 97 VJ6 AB 640 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 —4— (4) A combination of any two or more of the charge or assessments described in this subdivision, and whether the funds to be raised, whether by a water charge, a general assessment, a replenishment assessment or a combination of those means, will benefit, directly or indirectly, all of the persons or real property and improvements overlying the groundwater basin for which replenishment water is proposed to be purchased (b) The resolution shall also declare whether funds shall be raised to remove contaminants from any groundwater basin within the district during the next ensuing fiscal year or to exercise any other power under Section 60224, and whether funds for that purpose shall be raised by a replenishment assessment as provided in this chapter, with a statement of benefit similar to that set forth in subdivision (a) SEC 3 Section 60306 of the Water Code is amended to read 60306 (a) If the board, by resolution, determines that all or a portion of the funds needed to purchase replenishment water, for any groundwater basin within the district, to remove contaminants from the groundwater basin within the district, or to exercise any other power under Section 60224 with regard to any groundwater basin within the district, shall be raised by the levy of a replenishment assessment, the board shall immediately publish a notice that a public hearing will be held on the second Tuesday of April for the purpose of determining whether and to what extent the estimated costs thereof for the ensuing year shall be paid for by a replenishment assessment unposed upon the production of water from the affected groundwater basin (b) The notice shall contain a copy of the resolution, the time and place of the hearing, and an invitation to all interested parties to attend and be heard in support of or opposition to the proposed assessment, the engineering survey and report, and the board's determination, and shall invite inspection of the engineering survey and report upon which the board acted The notice shall be published in each affected county pursuant to Section 6061 of the Government Code, at least 10 days before the hearing date SEC 4 Section 60309 of the Water Code is amended to read 60309 All evidence relevant to the engineering survey and report and the board's determination that a replenishment assessment shall be levied upon the production of water from a groundwater basin within the district may be introduced 97 lJ .3 I1 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 —5— AB 640 SEC 5 Section 60315 of the Water Code is amended to read 60315 Upon completing the hearing, but no later than the second Tuesday in May, the board shall, by resolution adopted with regard to the replenishment of any groundwater basin within the district, find all of the following (a) The annual overdraft of the groundwater basin for the preceding water year (b) The estimated annual overdraft of the groundwater basin for the current water year (c) The estimated annual overdraft of the groundwater basin for the ensuing water year (d) The accumulated overdraft of the groundwater basin as of the last day of the preceding water year (e) The estimated accumulated overdraft of the groundwater basin as of the last day of the current water year (f) The total production of groundwater from the groundwater basin for the preceding water year (g) The estimated total production of groundwater from the groundwater basin for the current water year (h) The estimated total production of groundwater from the groundwater basin for the ensuing water year (i) The changes during the preceding water year in the pressure levels or piezometric heights of the groundwater contained within pressure -level areas of the groundwater basin, and the effects thereof upon the water supply within the basin 0) The estimated changes during the current water year in the pressure levels or piezometrie heights of the groundwater contained within pressure -level areas of the groundwater basin, and the estimated effects thereof upon the groundwater basin (k) The quantity of water that should be purchased for the replenishment of the groundwater basin during the ensuing water year (f) The source and estimated cost of water available for the replenishment of the groundwater basin (in) The estimated costs of replenishing the groundwater basin with the water purchased (n) The estimated costs of purchasing, in water years succeeding the ensuing water year, that portion of the quantity of water which should be purchased for the replenishment of the groundwater basin during the ensuing water year, but which is estimated to be 97 'U AB 640 1 2 3 4 5 6 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 —6— unavailable for purchase during the ensuing water year Estimated costs shall be based on the estimated price of water for replenishment purposes during the ensuing water year (o) The estimated rate of the replenishment assessment required to be levied upon the production of groundwater from the groundwater basin during the ensuing fiscal year for the purposes of accomplishing the replenishment, including the payment of a reasonable, pro rata allocation of the costs, including program and administrative costs, of the district and providing a reserve fund to purchase in future years, when available, that portion of the quantity of water which should be purchased for the replenishment of the groundwater basin during the ensuing water year, but which is estimated to be unavailable for purchase during that ensuing water year (p) Whether any contaminants should be removed from any groundwater basin during the ensuing fiscal year, and whether any other actions under Section 60224 should be undertaken with regard to the groundwater basin during the ensuing fiscal year, the estimated costs thereof, and the estimated additional rate of replenishment assessment required to be levied upon the production of groundwater from the groundwater basin during the ensuing fiscal year for those purposes (q) Whether any program for removal of contaminants from the groundwater basin or other actions taken with regard to the groundwater basin under Section 60224 should be a multiyear program or is a continuation of a previously authorized multiyear program (r) The amount, if any, by which the estimated reserve funds on hand at the end of the current fiscal year will exceed the annual reserve fund limit determined pursuant to Section 60290 SEC 6 Section 60316 of the Water Code is amended to read, 60316 Based on the findings pursuant to Section 60315, the board shall, by resolution, determine all of the following (a) What portion, if any, of the estimated cost of purchasing water for replenishment of a groundwater basin within the district for the ensuing fiscal year shall be paid for by a replenishment assessment levied upon the production of groundwater from the basin (b) What portion, not exceeding 25 percent of the above portion, of the estimated cost of purchasing in the future that quantity of 97 (: 41 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 —7— AB 640 water which should be purchased during the ensuing water year for the replenishment of a groundwater basin within the district, but which is estimated to be unavailable during that year, shall be raised by a replenishment assessment levied upon the production of groundwater from the basin (c) What portion of the estimated costs of removing contaminants from any groundwater basin within the district and of taking other actions under Section 60224 with regard to the groundwater basin during the ensuing fiscal year shall be paid for by a replenishment assessment levied upon the production of groundwater from the basin (d) What portion, if any, of the cost of a capital improvement project for replenishment of a groundwater basin within the district shall be paid for by a replenishment assessment levied upon the production of groundwater from the basin (e) What portion, if any, of the cost of a capital improvement project undertaken pursuant to Section 60224 with regard to a groundwater basin within the district shall be paid for by a replenishment assessment levied upon the production of groundwater from the basin SEC 7 Section 60317 of the Water Code is amended to read 60317 (a) If the board determines that a replenishment assessment shall be levied upon the production of groundwater from groundwater supplies within the district during the ensuing fiscal year, immediately following the making of that determination the board shall levy a replenishment assessment on the production of groundwater from each groundwater basin within the district during the fiscal year commencing on July4g e 1 (b) (1) The amount of the replenishment assessment shall be calculated in an amount to pay for costs that include the actual cost of replenishing the groundwater basin, the actual cost of removing the contaminants from the groundwater basin, including the undertaking of an action under Section 60224 on behalf of the groundwater basin, and the administrative costs of the district The rate shall be a uniform rate calculated on the basis of the per acre -foot amount of groundwater produced from the basin (2) Notwithstanding paragraph (1), the amount of the replenishment assessment calculated for each groundwater basin may not exceed the following amounts in the following years (A) _ ($_) for 2008 97 A2 AB 640 MM 1 (B) _ ($_) for 2009 2 (C) _ ($_) for 2010 3 (c) The producers of that groundwater shall pay the 4 replenishment assessment to the district at the times and in the 5 manner provided in this division That part of the assessment levied 6 pursuant to the determination provided in subdivision (c) of Section 7 60316, exclusive of any part thereof for district administrative and 8 overhead expenses, shall not exceed 50 percent of the average 9 assessment levied for the current and four preceding fiscal years 10 pursuant to determinations under subdivisions (a) and (b) of Section 11 60316, exclusive of any part thereof for district administrative and 12 overhead expenses 13 SEC 8 Section 60317 5 of the Water Code is amended to read 14 60317 5 (a) Except as set forth in this section, nothing in this 15 division prevents the use of district funds from any source for 16 powers and functions authorized under this division That part of 17 a replenishment assessment levied pursuant to determinations 18 under subdivisions (a) and (b) of Section 60316 shall not be utilized 19 for the direct costs of prevention and removal of contaminants 20 under subdivisions (a) and (b) of Section 60224 21 (b) Any part of a replenishment assessment levied pursuant to 22 a determination under subdivision (c) of Section 60316 that is not 23 expended may be obligated and expended for other uses authorized 24 by Section 60224 that benefit the groundwater basin to which the 25 replenishment assessment applies, after a hearing and findings 26 pursuant to Sections 60306 and 60315 27 (c) Any part of a replenishment assessment levied pursuant to 28 a determination under subdivision (c) of Section 60316 that remains 29 unexpended and unobligated for five fiscal years after the last 30 obligation thereof, or any shorter period which the board may by 31 resolution determine, shall be deemed to have been levied for other 32 costs and expenses for which a replenishment assessment is 33 authorized under this division 34 (d) Funds from a replenishment assessment, although restricted 35 as to use, may be loaned for any use benefiting the groundwater 36 basin to which the replenishment assessment applies within the 37 monetary limits for which such an assessment has been levied 38 Any such loan shall be for a period not longer than 18 months and 39 shall bear interest, as nearly as practicable in the discretion of the 97 Y .) -9— AB 640 1 board, at the rate which those funds might have otherwise been 2 invested at the time of the loan 3 SEC 9 Section 60325 of the Water Code is amended to read 4 60325 (a) The district, after the levying of the replenishment 5 assessment, shall give notice thereof to the operators of all 6 water - producing facilities overlying the groundwater basin to 7 which the replenishment assessment applies as disclosed by the 8 records of the district 9 (b) The notice shall state the rate of replenishment assessment 10 for each acre -foot of-ground-water groundwater to be produced 11 during the ensuing fiscal year The notice may be sent by postal 12 card or by other first -class mail with postage prepaid by the district 13 SEC 10 if the Commission on State Mandates determines 14 15 16 17 A of T_Oe 2 of the 6 rn ♦ Gode 18 SEC 10 No reimbursement is required by this act pursuant 19 to Section 6 of Article XIIIB of the California Constitution because 20 a local agency or school district has the authority to levy service 21 charges, fees, or assessments sufficient to pay for the program or 22 level ofservice mandated by this act, within the meaning of Section 23 17556 of the Government Code N 97 L 44 EL SEGUNDO CITY COUNCIL AGENDA ITEM STATEMENT AGENDA MEETING DATE. May 15, 2007 AGENDA HEADING: Mayor McDowell Consideration and possible action regarding the appointment of a member of the City Council to serve on the City's Disaster Council for a period of one year (Fiscal Impact None) RECOMMENDED COUNCIL ACTION. 1) Appoint a member of the City Council to serve as a member of the Disaster Council for a period of one year, 2) Alternatively, discuss and take other action related to this item BACKGROUND & DISCUSSION' The City Council took action last year to reactivate the City's Disaster Council in order to oversee the City's emergency preparedness functions During that time, the City Council amended the Municipal Code to provide that the Mayor and one member of the City Council shall serve as members of the Disaster Council The Municipal Code states that the Councilmember serving on the Disaster Council shall be appointed by the Mayor and serve for a period of one year Councilmember Jacobson is the current Council representative serving on the Disaster Council, and his term expires on May 16, 2007 ATTACHED SUPPORTING DOCUMENTS: City of El Segundo Municipal Code Section 2 -2 -4 FISCAL IMPACT N/A Operating Budget- Amount Requested: Account Number. Project Phase: Appropriation Required: _Yes _ No W ,A5 2 -2 -3 2 -2 -3 EXPENDITURES: Any expendi- tures made in connection with emergency activities, including mutual aid activities, shall be deemed conclusively to be for the direct protection and benefit of the inhabitants and property of the city (Ord 917, 1 -4 -1977) 2 -2 -4 DISASTER COUNCIL: A Creation. The city disaster council is hereby created B Composition The city disaster council created under the provisions of the preceding subsection shall consist of the following 1 The mayor, who shall be chairman, 2 The city manager, who shall be director of emergency services and vice chairman; 3 The assistant director, appointed by the city manager with the advice and consent of the city council who, under the supervision of the director, shall develop emergency plans and orga- nize the emergency services program of the city, and shall have such other duties as may be assigned by the director, 4 Such deputy directors and chiefs of emergency services as are provided for in the current emergency plan of the city, adopted pursuant to this chapter, (Ord 917, 1 -4 -1977) 5 Such representatives of the school district, civic, business, labor, veter- ans, professional or other organiza- tions having an official emergency responsibility, as may be appointed by 2 -2 -5 the director with the advice and con- sent of the city council, 6 A council member appointed by the mayor to serve for a period of one year on a rotating basis (Ord 1388, 11 -1 -2005) C Meetings- The disaster council shall meet upon the call of the chairman, or in his absence from the city or inability to call the meeting, upon the call of the vice chairman D Powers And Duties- It shall be the duty of the city disaster council and it is hereby empowered to review and recommend for adoption by the city council, emergency and mutual aid plans and agreements and such ordi- nances and resolutions and rules and regulations as are necessary to imple- ment the plans and agreements (Ord 917, 1 -4 -1977) 2 -2 -5 DIRECTOR OF EMERGENCY SERVICES: A Office Created There is hereby creat- ed the office of director of emergency services. The officer shall be the city manager B Powers And Duties The director of emergency services is hereby empow- ered 1 To request the city council to pro- claim the existence or threatened existence of a 'local emergency" and the termination thereof, if the city council is in session, or to issue the proclamation if the city council is not in session, subject to confirmation by the city council within seven (7) days December 2005 City of El Segundo ( 4 Cj 2 -2 -3 2 -2 -3 EXPENDITURES: Any expendi- tures made in connection with emergency activities, including mutual aid activities, shall be deemed conclusively to be for the direct protection and benefit of the inhabitants and property of the city. (Ord 917, 1 -4 -1977) 2 -2 -4 DISASTER COUNCIL: A. Creation: The city disaster council is hereby created B Composition The city disaster council created under the provisions of the preceding subsection shall consist of the following 1 The mayor, who shall be chairman, 2 The city manager, who shall be director of emergency services and vice chairman, 3 The assistant director, appointed by the city manager with the advice and consent of the city council who, under the supervision of the director, shall develop emergency plans and orga- nize the emergency services program of the city, and shall have such other duties as may be assigned by the director; 4 Such deputy directors and chiefs of emergency services as are provided for in the current emergency plan of the city, adopted pursuant to this chapter, (Ord. 917, 1 -4 -1977) 5. Such representatives of the school district, civic, business, labor, veter- ans, professional or other organiza- tions having an official emergency responsibility, as may be appointed by 2 -2 -5 the director with the advice and con- sent of the city council; 6 A council member appointed by the mayor to serve for a period of one year on a rotating basis (Ord 1388, 11 -1 -2005) C Meetings: The disaster council shall meet upon the call of the chairman, or in his absence from the city or inability to call the meeting, upon the call of the vice chairman D Powers And Duties It shall be the duty of the city disaster council and it is hereby empowered to review and recommend for adoption by the city council, emergency and mutual aid plans and agreements and such ordi- nances and resolutions and rules and regulations as are necessary to imple- ment the plans and agreements (Ord 917, 1 -4 -1977) 2 -2 -5 DIRECTOR OF EMERGENCY SERVICES: A Office Created: There is hereby creat- ed the office of director of emergency services The officer shall be the city manager B. Powers And Duties: The director of emergency services is hereby empow- ered 1 To request the city council to pro- claim the existence or threatened existence of a 'local emergency" and the termination thereof, if the city council is in session, or to issue the proclamation if the city council is not in session, subject to confirmation by the city council within seven (7) days s December 2005 City of El Segundo ; 't ,t i