2009 JAN 20 - CC PACKET REVREVISED 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. Any writings or documents given to a majority of the City Council regarding any matter on
this agenda that the City received after issuing the agenda packet, are available for public inspection in
the City Clerk's office during normal business hours. Such Documents may also be posted on the City's
website at www.elsegundo.org and additional copies will be available at the City Council meeting.
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
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item on the Agenda during the Public Hearing portion of such item. The time limit for comments is five (5)
minutes per person.
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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
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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, JANUARY 20, 2009 - 7:00 P.M.
ITEM NO. 2 REVISED UNDER UNFINISHED BUSINESS
7:00 P.M. SESSION
CALL TO ORDER
Next Resolution # 4586
Next Ordinance # 1425
INVOCATION — Pastor Justin Beck, Calvary Chapel LAX
PLEDGE OF ALLEGIANCE — Council Member Bill Fisher
3
PRESENTATIONS
a. Lighting Up The Community Awards
ROLL CALL
PUBLIC COMMUNICATIONS — (Related to City Business Only — 5 minute limit per
person, 30 minute limit total) Individuals who have received value of $50 or more to communicate
to the City Council on behalf of another, and employees speaking on behalf of their employer, must so
identify themselves prior to addressing the City Council. Failure to do so shall be a misdemeanor and
punishable by a fine of $250. While all comments are welcome, the Brown Act does not allow Council to
take action on any item not on the agenda. The Council will respond to comments after Public
Communications is closed.
A. PROCEDURAL MOTIONS
Consideration of a motion to read all ordinances and resolutions on the
Agenda by title only.
Recommendation — Approval.
B. SPECIAL ORDERS OF BUSINESS (PUBLIC HEARING)
1. Consideration and possible action to open a public hearing regarding the
introduction and first reading of an Ordinance amending the El Segundo
Municipal Code to allow limited sales of automobiles as an accessory use
in the Small Business (SM) and Medium Manufacturing (MM) Zones. (Fiscal
Impact: None)
Recommendation — (1) Open Public Hearing; (2) Discussion; (3) Introduction and
waive first reading by title only of the proposed Ordinance; (4) Schedule second
reading and adoption of Ordinance on February 3, 2009; (5) Alternatively,
discuss and take other possible action related to this item
C. UNFINISHED BUSINESS
2. Consideration and possible action regarding amending Resolution 4574
and adopting a new Resolution amending the business license processing
fees for businesses. (Fiscal Impact: Unknown)
Recommendation — (1) Adopt Resolution amending Resolution 4574 and
approval to change business license processing fees to exclude nonprofit and
exempt businesses; (2) Council discussion and potential direction to staff
regarding all other business license processing fees; (3) Alternatively, discuss
and take other action related to this item.
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Mayor McDowell —
PUBLIC COMMUNICATIONS — (Related to City Business Only — 5 minute limit per
person, 30 minute limit total) Individuals who have receive value of $50 or more to communicate
to the City Council on behalf of another, and employees speaking on behalf of their employer, must so
identify themselves prior to addressing the City Council. Failure to do so shall be a misdemeanor and
punishable by a fine of $250. While all comments are welcome, the Brown Act does not allow Council to
take action on any item not on the agenda. The Council will respond to comments after Public
Communications is closed.
MEMORIALS —
CLOSED SESSION
The City Council may move into a closed session pursuant to applicable law, including the Brown Act
(Government Code Section §54960, et sue.) for the purposes of conferring with the City's Real Property
Negotiator; and /or conferring with the City Attorney on potential and /or existing litigation; and /or
discussing matters covered under Government Code Section §54957 (Personnel); and /or conferring with
the City's Labor Negotiators.
REPORT OF ACTION TAKEN IN CLOSED SESSION (if required)
ADJOURNMENT
POSTED:
DATE: _ � S " L'
TIME:
NAME: x' j
9
EL SEGUNDO CITY COUNCIL MEETING DATE: January 20, 2009
AGENDA STATEMENT AGENDA HEADING: Unfinished Business
AGENDA DESCRIPTION:
Consideration and possible action regarding amending Resolution 4574 and adopting a
new Resolution amending the business license processing fees for businesses. (Fiscal
Impact: Unknown)
RECOMMENDED COUNCIL ACTION:
1) Adopt Resolution amending Resolution 4574 and approval to change business license
processing fees to exclude nonprofit and exempt businesses.
2) Council discussion and potential direction to staff regarding all other business license
processing fees.
3) Alternatively, discuss and take other action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
l) Draft Resolution and updated changes to business license processing fees from Fee
Study Summary Schedule - Exhibit A
FISCAL IMPACT: Potential
Amount Budgeted: $0
Additional Appropriation: N/A
Account Number(s):
ORIGINATED BY: Steve Jones, Business Services Mana Ter
REVIEWED BY: Deborah Cullen, Director of W* nce
APPROVED BY: Jack Wayt, City Manager/%71
BACKGROUND AND DISCUSSION:
The result of the recent Cost Allocation and Fee Study conducted in the summer of 2008
proposed the implementation of a business license processing fee to identify the actual cost for
services and identify the tax subsidy. The costs directly attributable to this function resulted in a
proposed processing fee in the amount of $40.00 to offset the identified tax subsidy. Staff
reviewed the details submitted by the consultant performing the study and verified that the costs
attributed to this service were valid and accurate.
This fee is collected for all categories of business license tax, and the administrative cost for
providing this service results in the same amount of staff time and resources. Therefore, a flat
processing fee was recommended for implementation. The processing fee became effective for
the 2009 business license renewals and for all new business license applications beginning
January 1, 2009.
During the implementation of the new business license processing fee for the 2009 business
license tax renewals, as expected there were numerous inquiries and it was noted that nonprofits
and exempt businesses were being charged the processing fee. These entities are not required to
pay a business license tax; therefore, staff recommends that the processing fee should also be
exempted. The purpose of the fee is to defray the costs of administration of issuing the business
licenses.
Additionally, there have been some questions raised regarding the processing fee for all other
categories. This fee is required to be paid by all home businesses, gardeners, apartment owners
with 3 or more units, contractors and all other businesses plus branch locations which totals
approximately 6800 annual business license certificates. There are approximately 520 home
businesses, 100 gardeners, 450 apartments that qualify and 2500 contractors. To date the City
has received 50% of the tax and processing fees for 2009. The projected amount of processing
fee revenue for FY 2008 -2009 totals $272,000.
At this time to amend or change the processing fee for 2009 would negatively impact the
administrative function and ultimately cost the City additional costs to refund the processing
fees. This fee could be discussed and resolved during the FY 2009 -2010 budget process.
RESOLUTION NO.
A RESOLUTION AMENDING THE CITY -WIDE FEE
SCHEDULE ADOPTED ON OCTOBER 21, 2008 BY
RESOLUTION NO. 4574.
BE IT RESOLVED by the Council of the City of El Segundo as follows:
SECTION 1: The City Council finds as follows:
A. Following a properly noticed public hearing on October 21, 2008, the City
Council adopted Resolution No. 4574 to establish various fees for City
Departments (collectively, the "Fees ").
B. Upon further reflection, the Fees relating to applications for business
licenses should be amended to exempt nonprofit corporations and
persons exempt from business licenses taxes in accordance with
applicable law including, without limitation, El Segundo Municipal Code
( "ESMC ") Chapter 4 -1.
ECTION 2: Exhibit A to Resolution No. 4574, as supplemented by Resolution No.
4578 (adopted December 2, 2008), is amended as set forth in attached Exhibit "A,"
which is incorporated by reference. Persons exempt from business license taxes (as
determined by applicable law including, without limitation, ESMC Chapter 4 -1) and
nonprofit corporations (as determined by the Internal Revenue Code) need not pay an
application fee for a business license.
SECTION 3: Exhibit A to this Resolution constitutes an elimination of an existing fee
and, consequently, no further public hearing or notice is required.
SECTION 4: Except as amended by this Resolution, all provisions of Resolution Nos.
4574 and 4578 remain in full force and effect.
SECTION §: This Resolution will become effective immediately upon adoption and will
remain effective unless repealed or superseded.
SECTION 6: The City Clerk will certify to the passage and adoption of this Resolution;
will enter the same in the book of original Resolutions of said City; and will make a
minute of the passage and adoption thereof in the record of proceedings of the City
Council of said City, in the minutes of the meeting at which the same is passed and
adopted.
PASSED AND ADOPTED this day of January 2009.
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 day of January 2009, 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
By:
Karl H. Berger
Assistant City Attorney
►►a
Fee Study Summary
Schedule- Exhibit A
CITY OF EL SEGUNDO
FEE SUMMARY REPORT
FY 07 -08
REFERENCE# I CITY SERVICE CITY PROPOSED FEE
Amastule T22ATNIC QCDVIPCQ
S-117 r.
NEW BUSINESS LICENSE PROCESSING
$40 per application; Nonprofit and exempt businesses will be
exluded from this fee.
S -11 B
BUSINESS LICENSE RENEWAL PROCESSING
$40 per renewal; Nonprofit and exempt businesses will be
exluded from this fee.
ITEM #10 -ATTACHMENT #1 MAINTENANCE AGREEMENT
REPLACED
MAINTENANCE AGREEMENT
BETWEEN
THE CITY OF EL SEGUNDO AND
BELL BUILDING MAINTENANCE COMPANY
THIS MAINTENANCE AGREEMENT ( "Agreement ") is made and entered into this 21 st day of
January, 2009, by and between the CITY OF FL SEGUNDO, a general law city and municipal
corporation ( "CITY ") and BELL, BUILDING MAINTENANCE COMPANY, a sole
proprietorship ( "CONTRACTOR ").
The Parties agree as follows:
1. CONSIDERATION.
A. As partial consideration, CONTRACTOR agrees to perform the work listed in the
SCOPE OF SERVICES, below;
B. As additional consideration, CONTRACTOR and CITY agree to abide by the
terms and conditions contained in this Agreement;
C. As additional consideration, CITY agrees to pay CONTRACTOR on a monthly
basis an amount set forth in the attached Exhibit "A," which is incorporated by
reference, for CONTRACTOR's services. CITY will pay such amount promptly,
but not later than thirty (30) working days after receiving CONTRACTOR's
invoice.
D. The amount paid by CITY to CONSULTANT may be increased, at CITY's sole
discretion, based on the Consumer Price Index (CPI), All Urban Consumers, for
the Los Angeles- Anaheim - Riverside area (1982 -84 = 100), as published by the
United States Bureau of Labor Statistics, Department of Labor, for the month of
September immediately preceding the month in which payment is due and
payable, divided by the Consumer Price Index, All Urban Consumers, for the Los
Angeles- Anaheim - Riverside area, for June 30, 2008, which equals 100. If the
Index is discontinued or revised during the term of this Agreement, such other
governmental price index or computation with which it is replaced chosen by
CITY will be used in order to obtain substantially the same result as would be
obtained if the Index had not been discontinued or revised. CITY will determine
the adjustment in CPI and provide CONSULTANT with the correct schedule
before July 1. Any CPI increase is limited to the actual CPI or five (5 %) per
annum, whichever is lower. .
2. TERM. The term of this Agreement will be from January 21, 2009, to January 20, 2012.
The Agreement may be renewed upon mutual consent of the parties.
Page 1 of 7
3. SCOPE OF SERVICES.
A. CONTRACTOR will perform services listed in the attached Exhibit -13," which is
incorporated by this reference.
B. CONTRACTOR will, in a workmanlike manner, furnish all of the labor,
technical, administrative, professional and other personnel, all supplies and
materials, equipment, printing, vehicles, transportation, office space and facilities,
and all tests, testing and analyses, calculation, and all other means whatsoever,
except as herein otherwise expressly specified to be furnished by CITY, necessary
or proper to perform and complete the work and provide the professional services
required of CONTRACTOR by this Agreement.
4. PREVAILING WAGES. This Agreement is for janitorial or custodial services of a routine,
recurring, or usual nature. Accordingly, pursuant to 8 California Code of Regulations § 16000,
CITY does not believe CONTRACTOR is required to pay prevailing wages. However, if
required by applicable state law including, without limitation Labor Code §§ 1720 (as
amended by AB 975 (2001)), 1771, 1774, 1775, and 1776, CONTRACTOR must pay its
workers prevailing wages. It is CONTRACTOR's responsibility to interpret and
implement any prevailing wage requirements and CONTRACTOR agrees to pay any
penalty or civil damages resulting from a violation of the prevailing wage laws. In
accordance with Labor Code § 1773.2, copies of the prevailing rate of per diem wages are
available upon request from CITY's Engineering Division or the website for State of California
Prevailing wage determination at http: / /www.dir.ca.gov /DLSR/PWD. A copy of the prevailing
rate of per diem wages must be posted at the job site.
5. FAMILIARITY WITH WORK.
A. By executing this Agreement, CONTRACTOR represents that CONTRACTOR
has
Thoroughly investigated and considered the scope of services to be
performed;
ii. Carefully considered how the services should be performed; and
iii. Understands the facilities, difficulties, and restrictions attending
performance of the services under this Agreement.
B. If services involve work upon any site, CONTRACTOR warrants that
CONTRACTOR has or will investigate the site and is or will be fully acquainted
with the conditions there existing, before commencing the services hereunder.
Should CONTRACTOR discover any latent or unknown conditions that may
materially affect the performance of the services, CONTRACTOR will
immediately inform CITY of such fact and will not proceed except at
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CONTRACTOR's own risk until written instructions are received from CITY.
6. INSURANCE.
A. Before commencing performance under this Agreement, and at all other times this
Agreement is effective, CONTRACTOR will procure and maintain the following
types of insurance with coverage limits complying, at a minimum, with the limits
set forth below:
Type of Insurance
Commercial general liability:
Business automobile liability
Workers compensation
Limits (combined single)
$2,000,000
$1,000,000
Statutory requirement.
B. Commercial general liability insurance will meet or exceed the requirements of
the most recent ISO -CGL Form. The amount of insurance set forth above will be
a combined single limit per occurrence for bodily injury, personal injury, and
property damage for the policy coverage. Liability policies will be endorsed to
name City, its officials, and employees as "additional insureds" under said
insurance coverage and to state that such insurance will be deemed "primary"
such that any other insurance that may be carried by City will be excess thereto.
Such insurance will be on an "occurrence," not a "claims made," basis and will
not be cancelable or subject to reduction except upon thirty (30) days prior written
notice to City.
C. Automobile coverage will be written on ISO Business Auto Coverage Form CA
00 01 06 92, including symbol 1 (Any Auto).
D. CONTRACTOR will furnish to City duly authenticated Certificates of Insurance
evidencing maintenance of the insurance required under this Agreement,
endorsements as required herein, and such other evidence of insurance or copies
of policies as may be reasonably required by City from time to time. Insurance
must be placed with insurers with a current A.M. Best Company Rating
equivalent to at least a Rating of "A:VII." Certificate(s) must reflect that the
insurer will provide thirty (30) day notice of any cancellation of coverage.
CONTRACTOR will require its insurer to modify such certificates to delete any
exculpatory wording stating that failure of the insurer to mail written notice of
cancellation imposes no obligation, and to delete the word "endeavor" with regard
to any notice provisions.
E. Should CONTRACTOR, for any reason, fail to obtain and maintain the insurance
required by this Agreement, City may obtain such coverage at CONTRACTOR's
expense and deduct the cost of such insurance from payments due to
CONTRACTOR under this Agreement or terminate.
Page 3 of 7
7. TIME FOR PERFORMANCE. CONTRACTOR will not perform any work under this
Agreement until:
A. CONTRACTOR furnishes proof of insurance as required under Section 6 of this
Agreement; and
B. CITY gives CONTRACTOR a written Notice to Proceed.
C. Should CONTRACTOR begin work in advance of receiving written authorization
to proceed, any such professional services are at CONTRACTOR's own risk.
8. TERMINATION.
A. Except as otherwise provided, CITY may terminate this Agreement at any time
with or without cause. Notice of termination will be in writing.
B. CONTRACTOR may terminate this Agreement upon providing written notice to
CITY at least thirty (30) days before the effective termination date.
C. Should the Agreement be terminated pursuant to this Section, CITY may procure
on its own terms services similar to those terminated.
D. By executing this document, CONTRACTOR waives any and all claims for
damages that might otherwise arise from CITY's termination under this Section.
9. INDEMNIFICATION.
A. CONTRACTOR indemnifies and holds CITY harmless from and against any
claim, action, damages, costs (including, without limitation, attorney's fees),
injuries, or liability, 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, CONTRACTOR 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.
B. For purposes of this section "CITY" includes CITY's officers, officials,
employees, agents, representatives, and certified volunteers.
C. It is expressly understood and agreed that the foregoing provisions will survive
termination of this Agreement.
10. INDEPENDENT CONTRACTOR. CITY and CONTRACTOR agree that
CONTRACTOR will act as an independent contractor and will have control of all work and the
manner in which is it performed. CONTRACTOR will be free to contract for similar service to
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be performed for other employers while under contract with CITY. CONTRACTOR is not an
agent or employee of CITY and is not entitled to participate in any pension plan, insurance,
bonus or similar benefits CITY provides for its employees. Any provision in this Agreement that
may appear to give CITY the right to direct CONTRACTOR as to the details of doing the work
or to exercise a measure of control over the work means that CONTRACTOR will follow the
direction of the CITY as to end results of the work only.
11. NOTICES.
A. All notices given or required to be given pursuant to this Agreement will be in
writing and may be given by personal delivery or by mail. Notice sent by mail
will be addressed as follows:
To CITY: City of E1 Segundo
350 Main Street
E1 Segundo, CA 90245 -3813
To CONTRACTOR: Bell Building Maintenance Company
5170 Sepulveda Blvd.
Sherman Oaks, CA 91403
B. When addressed in accordance with this paragraph, notices will be deemed given
upon deposit in the United States mail, postage prepaid. In all other instances,
notices will be deemed given at the time of actual delivery.
C. Changes may be made in the names or addresses of persons to whom notices are
to be given by giving notice in the manner prescribed in this paragraph.
12. TAXPAYER IDENTIFICATION NUMBER. CONTRACTOR will provide CITY with a
Taxpayer Identification Number.
13. WAIVER. A waiver by CITY of any breach of any term, covenant, or condition contained
in this Agreement will not be deemed to be a waiver of any subsequent breach of the same or any
other term, covenant, or condition contained in this Agreement, whether of the same or different
character.
14. CONSTRUCTION. The language of each part of this Agreement will be construed simply
and according to its fair meaning, and this Agreement will never be construed either for or
against either party.
15. SEVERABLE. If any portion of this Agreement is declared by a court of competent
jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the
extent necessary in the opinion of the court to render such portion enforceable and, as so
modified, such portion and the balance of this Agreement will continue in full force and effect.
Page 5 of 7
16. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of
reference only and will not affect the interpretation of this Agreement.
17. WAIVER. Waiver of any provision of this Agreement will not be deemed to constitute a
waiver of any other provision, nor will such waiver constitute a continuing waiver.
18. INTERPRETATION. This Agreement was drafted in, and will be construed in accordance
with the laws of the State of California, and exclusive venue for any action involving this
agreement will be in Los Angeles County.
19. AUTHORITY/MODIFICATION. This Agreement may be subject to and conditioned
upon approval and ratification by the F.1 Segundo City Council. This Agreement is not binding
upon CITY until executed by the City Manager. The Parties represent and warrant that all
necessary action has been taken by the Parties to authorize the undersigned to execute this
Agreement and to engage in the actions described herein. This Agreement may be modified by
written agreement. CITY's city manager may execute any such amendment on behalf of CITY.
20. ACCEPTANCE OF FACSIMILE SIGNATURES. The Parties agree that this Agreement,
agreements ancillary to this Agreement, and related documents to be entered into in connection
with this Agreement will be considered signed when the signature of a party is delivered by
facsimile transmission. Such facsimile signature will be treated in all respects as having the
same effect as an original signature.
21. CONSISTENCY. In interpreting this Agreement and resolving any ambiguities, the main
body of this Agreement takes precedence over the attached Exhibits; this Agreement supersedes
any conflicting provisions. Any inconsistency between the Exhibits will be resolved in the order
in which the Exhibits appear below:
A. Exhibit A: Cost and Fee Schedule;
B. Exhibit B: Scope of Work; and
C. The Request for Proposals, dated November 18, 2008 ( "RFP "), may be used to
interpret any provision of Exhibit B to the extent there are any ambiguities and,
for that limited purpose, the RFP is incorporated by this reference.
22. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of
reference only and will not affect the interpretation of this Agreement.
23. FORCE MAJEURE. Should performance of this Agreement be prevented due to fire, flood,
explosion, war, terrorist act, embargo, government action, civil or military authority, the natural
elements, or other similar causes beyond the Parties' control, then the Agreement will
immediately terminate without obligation of either party to the other.
24. ENTIRE AGREEMENT. This Agreement and its one attachment constitutes the sole
agreement between CONTRACTOR and CITY respecting janitorial services. To the extent that
Page 6 of 7
there are additional terms and conditions contained in Exhibit "A" that are not in conflict with
this Agreement, those terms are incorporated as if fully set forth above. There are no other
understandings, terms or other agreements expressed or implied, oral or written.
IN WITNESS WHEREOF the parties hereto have executed this contract the day and year
first hereinabove written.
CITY OF EL SEGUNDO BELL BUILDING MAINTENANCE COMPANY
Jack Wayt,
City Manager
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ATTEST:
Taxpayer ID No.
Cindy Mortesen,
City Clerk
APPROVED AS TO FORM:
MARK D. HENSLEY, City Attorney
Karl H. Berger, Assistant City Attorney
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