2010 OCT 19 - CC PACKETAGENDA
EL SEGUNDO CITY COUNCIL
COUNCIL CHAMBERS - 350 Main Street
The City Council, with certain statutory exceptions, can only take action upon properly posted and listed
agenda items. 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
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, OCTOBER 19, 2010 — 5:00 P.M.
Next Resolution # 4688
Next Ordinance # 1449
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.
� _ � J
SPECIAL ORDER OF BUSINESS:
CLOSED SESSION:
The City Council may move into a closed session pursuant to applicable law, including
the Brown Act (Government Code Section §54960, et se q.) for the purposes of
conferring with the City's Real Property Negotiator; and/or conferring with the City
Attorney on potential and /or existing litigation; and /or discussing matters covered under
Government Code Section §54957 (Personnel); and /or conferring with the City's Labor
Negotiators; as follows:
CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Gov't Code
§54956.9(a) -1- matter
1. City of El Segundo vs. City of Los Angeles, et. al. LASC Case 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.
APPOINTMENT AND PERFORMANCE EVALUATION OF PUBLIC EMPLOYEE
(Gov't. Code § 54957) -0- matter
CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957.6): -2-
matters
1. Represented Group: Police Support Services Employees Association (PSSEA),
City Employees Association (CEA), Firefighters Association (FFA), Police
Managers Association (PMA), Police Officers Association (POA), Supervisory
and Professional Employees (S &P)
Negotiators: Jack Wayt, Bob Hyland and Richard Kreisler
2. Unrepresented Group: Management Confidential Group
Negotiator: Jack Wayt
CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8): -0-
matters
2 �i 0 12-
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
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, OCTOBER 19, 2010 - 7:00 P.M.
Next Resolution # 4688
Next Ordinance # 1449
7:00 P.M. SESSION
CALL TO ORDER
INVOCATION — Deputy City Clerk, Cathy Domann
PLEDGE OF ALLEGIANCE — Council Member Suzanne Fuentes
PRESENTATIONS
a. Presentation proclaiming October 24, 2010 World Polio Day
b. Presentation from the Recreation & Parks Department to recognize the
following: Hacienda Hotel & Conference Center; Embassy Suites Los Angeles
International Airport / South; and ArcLight Cinemas Beach Cities as the 2010
Halloween Frolic Sponsors, and to Individual Donor Ralph Lanphere for his
contributions to the Aquatics Program.
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)
C. UNFINISHED BUSINESS
1. Consideration and possible action to receive and file a report and
response to the Mayor's request providing information regarding
employee benefits and salary information. (Fiscal Impact: None)
Recommendation — (1) Receive and file staff report in response to the
October 5, 2010 City Council Meeting request regarding employer CalPERS
compensation rates and types of compensation for which PERS contributions
are paid by the City; (2) Alternatively, discuss and take other action related to
this item.
D. REPORTS OF COMMITTEES, COMMISSIONS AND BOARDS
U�Ll
4
E. CONSENT AGENDA
All items listed are to be adopted by one motion without discussion and passed unanimously. If a call for
discussion of an item is made, the item(s) will be considered individually under the next heading of
business.
2. Warrant Numbers 2579303 to 2579478 on Register No. 1 in the total
amount of $769,050.99 and Wire Transfers from 09/24/10 through
10/07/10 in the total amount of $1,205,862.11.
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 Meetina Minutes of October 5. 2010.
Recommendation — Approval.
4. Consideration and possible action to authorize the City Manager to
execute a Public Service Agreement with South Bay Children's Health
Center Association/The South Bay Youth Project to provide on -site
counseling services at El Segundo Unified School District. (Fiscal
Impact: $33,018)
Recommendation — (1) Authorize the City Manager to execute a Public
Services Agreement in a form as approved by the City Attorney in the amount
up to $33,018; (2) Alternatively, discuss and take other action related to this
item.
5. Consideration and possible action to award a three (3) year Landscape
Maintenance Agreement to the lowest responsible bidder, TrueGreen
LandCare for the City's landscape maintenance services. (Fiscal Impact:
$137,322.00)
Recommendation — (1) Authorize the City Manager to execute a three (3)
year Landscape Maintenance Agreement in a form as approved by the City
Attorney in the amount of $137,322.00; (2) Alternatively, discuss and take
other action related to this item.
u 0 5
5
6. Consideration and possible action to adopt Ordinance No. 1448
approving Environmental Assessment EA 723 to amend the El Segundo
Municipal Code ( "ESMC ") §15- 27 -6(D) and §15- 27A -6(E) regulating the
collection of impact fees. (Fiscal Impact: N /A)
Recommendation — (1) Waive second reading and adopt Ordinance No. 1448
for Environmental Assessment EA 723; (2) Alternatively, discuss and take
other action related to this item.
7. Consideration and possible action to adopt a resolution amending the
City's existing procedures for mailing, handling and counting of
Proposition 218 protest ballots to include residential (solid waste) trash
collection service fees. (Fiscal Impact: None)
Recommendation — (1) Adopt a resolution amending the City's existing
procedures for mailing, handling and counting of Proposition 218 protest
ballots to include residential trash collection fees; (2) Alternatively, discuss
and take other action related to this item.
8. Consideration and possible action to adopt a new resolution which
replaces Resolution 3784 due to Los Angeles County's reorganization
for solid waste management from Los Angeles County Department of
Health Services to the Los Angeles County Department of Public Health.
(Fiscal Impact: None)
Recommendation — (1) Adopt the attached resolution designating the Los
Angeles County Department of Public Health as the enforcement agency to
carry out the provisions of the Z'berg- Kapiloff Solid Waste Control Act of 1976
and the subsequent California Integrated Waste Management Act of 1989; (2)
Alternatively, discuss and take other action related to this item.
9. Consideration and possible action regarding approval of a five -year
lease with Oce North America for a multifunctional digital document
copier to be used by the City Clerk's Office for printing, copying,
scanning, and faxing. (Fiscal Impact: Not to exceed $9,000 per year)
Recommendation — (1) Approve five -year lease, in a form approved by the
City Attorney, with OCE North America; (2) Alternatively, discuss and take
other action related to this item.
CALL ITEMS FROM CONSENT AGENDA
F. NEW BUSINESS
10 6 L >>
G. REPORTS - CITY MANAGER
H. REPORTS - CITY ATTORNEY
I. REPORTS - CITY CLERK
J. REPORTS - CITY TREASURER
K. REPORTS - CITY COUNCIL MEMBERS
Council Member Fuentes -
Council Member Brann -
Council Member Jacobson -
Mayor Pro Tern Fisher -
Mayor Busch -
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.
VU7
7
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 sea.) 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: iV/ o3/ o
TIME: 3' L(U PM
NAME: N lQ (1 n hG
0 b `4
rJortamattlott If Citp of V Oegttnba, Caiifarnia
WHEREAS,EL SEGUNDO ROTARY CLUB'S WORLD POLIO DAY is a positive initiative to create
awareness and educate the citizens of El Segundo about the vital importance to eradicate
Polio worldwide. Rotary brings 105 years of history to this initiative. Its members are
business, professional and community leaders who provide humanitarian service,
encourage high ethical standards, and help build goodwill and peace in the world. El
Segundo Rotary Club, is one of 32,000 Rotary clubs located in more than 200 countries and
geographical areas, that initiate service projects to address today's challenges, including
illiteracy, disease, hunger, poverty, lack of clean water, and environmental concerns; and
WHEREAS,When Rotary began its mission to eradicate polio more than 350,000 children were stricken
with polio every year, and nearly 1,000 people were affected by the crippling disease every
day. Since then, polio cases have been reduced by 99% to fewer than 1,700 cases in 2009.
Today only four countries — Afghanistan, India, Nigeria, and Pakistan - remain polio -
endemic. Due to the efforts of Rotary and its partners, the world is on the threshold of
ending polio forever, making it only the second disease after smallpox to be eradicated; and
WHEREAS, The Bill & Melinda Gates Foundation has awarded $355 million to Rotary International in the
global effort to eradicate polio, $200 million is a challenge grant to Rotary. And is one of the
largest challenge grants ever given by the Gates Foundation and the largest received by
Rotary in its 105 -year history. These funds will provide critical support to polio eradication
activities that is spearheaded by RI and its partners, the World Health Organization, the U.S.
Centers for Disease Control and Prevention, and UNICEF. Rotary will distribute the funds
through grants to WHO and UNICEF; and
WHEREAS,Polio eradication has been Rotary's top priority since 1985, with more than $1.2 billion
contributed to the effort. At the Rotary District Conference in San Diego, California in
February 2009, Bill Gates praised Rotary for providing the volunteers, advocates, and
donors who have helped bring about a 99% decline in the number of polio cases. 'The world
would not be where it is without Rotary, and it won't get where it needs to go without
Rotary," Gates said. Rotary is now nearing the three - quarter mark — having raised $140
million of the $200 million challenge.
NOW, THEREFORE, on this 19`h day of October, 2010, the Mayor and Members of the City Council of
the City of El Segundo, California, hereby proclaim October 24, 2010, WORLD POLIO DAYand invite
the citizens of El Segundo to support the Rotary Club's goal. The world stands firmly on the threshold of
victory thanks to the achievements of the last 25 year. A Polio -free world will be Rotary's ultimate gift to
children everywhere; World Polio Day is one small step in helping Rotary achieve its goals.
��j,) • �i /i . /iii. . �i�� 0 /iii) 9
b. Presentation from the Recreation & Parks Department to recognize the
following: Hacienda Hotel & Conference Center; Embassy Suites Los
Angeles International Airport / South; and ArcLight Cinemas Beach
Cities as the 2010 Halloween Frolic Sponsors, and to Individual Donor
Ralph Lanphere for his contributions to the Aquatics Program.
L�1tJ
EL SEGUNDO CITY COUNCIL MEETING DATE: October 19, 2010
AGENDA STATEMENT AGENDA HEADING: Unfinished Business
AGENDA DESCRIPTION:
Consideration and possible action to receive and file a report and response to the Mayor's
request providing information regarding employee benefits and salary information. (Fiscal
Impact: None)
RECOMMENDED COUNCIL ACTION:
1) Receive and file staff report in response to October 5, 2010 City Council Meeting request
regarding employer Ca1PERS compensation rates and types of compensation for which PERS
contributions are paid by the City.
2) Alternatively discuss and take other action related to this item
ATTACHED SUPPORTING DOCUMENTS:
None
FISCAL IMPACT: None
Amount Budgeted: $0
Additional Appropriation: N/A
Account Number(s): None
ORIGINATED BY: Deborah Cullen, Director of Financebj
REVIEWED BY:
APPROVED BY: Jack Wayt, City
BACKGROUND AND DISCUSSION:
Staff is responding to questions arising from the October 5, 2010 City Council Meeting
regarding Ca1PERS contributions made by the City for both public safety and non - safety
employees. The City pays the employer CaIPERS rate of 26.903% for public safety and
10.785% for non - safety employees. In addition, the City pays the employee contribution rate of
9% for public safety and 7% for non - safety employees.
The following special compensation categories are approved and reportable to Ca1PERS as
PERsable compensation according to the California Code of Regulations section 571. These
special compensations are also contained in written City labor agreements:
1
• Incentive pay for longevity (excluding management) and value of employer -paid member
contribution (EPMC)
• Education pay (excluding management)
• Premium pay for temporary assignment
• Special assignment pay for bilingual premium, K -9 premium, Paramedic pay, Field
Training pay, Motor Officer pay, and Police and Fire holiday pay
• Hazard Premium — Compensation to employees who are routinely and consistently
exposed to toxic, radioactive, explosive or other hazardous substances or perform
hazardous activities to implement health or safety procedures.
• Shift differential pay - Compensation to employees who are routinely and consistently
scheduled to work other than a standard "daytime" shift, e.g. graveyard shift, swing shift,
shift change, rotating shift, split shift or weekends.
• Uniform allowance (primarily for police and fire)
• Class A and B drivers license pay
Overtime pay and vacation and sick leave cash out are non PERSable compensations.
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CITY OF EL SEGUNDO
PAYMENTS BY WIRE TRANSFER
9/24/10 THROUGH 10/07/10
Date Payee Amount
Description
9/30/2010
Unum
497.80
LTD
9/30/2010
Employment Development
4,536.21
State Taxes
9/30/2010
Employment Development
59,112.15
State Taxes
9/30/2010
IRS
233,560.06
Federal Taxes
10/1/2010
State of CA EFT
1,768.14
Child support payment
10/1/2010
Nationwide EFT
36,555.37
EFT 457 payment
101112010
UB
4,223.01
PARS payment
101112010
Manufacturers & Traders
31,850.80
457 payment Vantagepoint
10/1/2010
Health Comp
678.82
Weekly claims
10/6/2010
Lane Donovan Golf Ptr
24,184.18
Payroll Transfer
10/7/2010
Cal Pers
311,217.98
Retirement
10/7/2010
Cal Pers
414,512.40
Health
10/7/2010
Health Comp
2,626.06
Weekly claims
9/24- 10/07/10
Workers Comp Activity
80,539.13
SCRMA checks issued
1,205, 862.11
DATE OF RATIFICATION: 10/19/10
TOTAL PAYMENTS BY WIRE:
Certified as to the accuracy of the wire transfers by:
-1-,.
Dep ty City 1reasurer
/o�IZ�r�
Date
10112-11
a
Date
NYWJA
1,205,862.11
Information on actual expenditures is available in the City Treasurer's Office of the City of El Segundo.
P: \City Treasurer \Wire Transfers\2010 \wire 2010 4th Qtr \Wire Transfers 10- 07.xls
REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, OCTOBER 5, 2010 — 5:00 P.M.
5:00 P.M. SESSION
CALL TO ORDER — Mayor Busch at 5:00 p.m.
ROLL CALL
Mayor Busch
- Present
Mayor Pro Tern Fisher
- Present — Arrived at 5:10 p.m.
Council Member Brann
- Present
Council Member Fuentes
- Absent
Council Member Jacobson
- 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.
SPECIAL ORDER OF BUSINESS:
Mark Hensley, City Attorney, stated that Council would be meeting in closed session
pursuant to the items posted on the agenda.
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) -1- matter
City of El Segundo vs. City of Los Angeles, et. al. LASC Case 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.
APPOINTMENT AND PERFORMANCE EVALUATION OF PUBLIC EMPLOYEE (Gov't.
Code § 54957) -0- matter
MINUTES OF THE REGULAR CITY COUNCIL MEETING
OCTOBER 5, 2010
PAGE NO. 1
L;1
CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957.6):-2-
matters
1. Represented Group: Police Support Services Employees Association (PSSEA),
City Employees Association (CEA), Firefighters Association (FFA), Police
Managers Association (PMA), Police Officers Association (POA), Supervisory
and Professional Employees (S &P)
Negotiators: Jack Wayt, Bob Hyland and Richard Kreisler
2. Unrepresented Group: Management Confidential Group
Negotiator: Jack Wayt
CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8): -0-
matters
Council recessed at 6:50 p.m.
MINUTES OF THE REGULAR CITY COUNCIL MEETING
OCTOBER 5, 2010
PAGE NO. 2
C) 16
REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, SEPTEMBER 21, 2010 - 7:00 P.M.
7:00 P.M. SESSION
CALL TO ORDER — Mayor Busch at 7:00 p.m.
INVOCATION — Lee Carlile, United Methodist Church
PLEDGE OF ALLEGIANCE — Council Member Don Brann
PRESENTATIONS
ROLL CALL
Mayor Busch
- Present
Mayor Pro Tern Fisher
- Present
Council Member Brann
- Present
Council Member Fuentes
- Absent
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.
Ron Swanson, Resident; spoke regarding the articles and letters in the press reflecting
negatively on our City.
Liz Garnholz, Resident; spoke regarding Consent Item numbers 7, 10, and 11A; PERS
contributions, employer and employee.
A. PROCEDURAL MOTIONS
Consideration of a motion to read all ordinances and resolutions on the Agenda
by title only.
MOTION by Council Member Jacobson, SECOND by Mayor Pro Tem Fisher to read all
ordinances and resolutions on the agenda by title only. MOTION PASSED BY
UNANIMOUS VOICE VOTE. 4/0. COUNCIL MEMBER FUENTES ABSENT.
MINUTES OF THE REGULAR CITY COUNCIL MEETING
OCTOBER 5, 2010
PAGE NO. 3
l.'
B. SPECIAL ORDERS OF BUSINESS (PUBLIC HEARING)
1. Consideration and possible action to conduct a Public Hearing regarding
operating and capital outlay requests of $100,000 from the existing Citizens
Option for Public Safety (COPS) Supplement Law Enforcement Services Funds
(SLESF) account by the Chief of Police. The grant requires that expenditures be
utilized to supplement "front line law enforcement." Front line law enforcement
includes funding special enforcement details, and purchasing equipment. (Fiscal
Impact: $100,000 from COPS grant fund)
Mayor Busch stated that this was the time and place to conduct a public hearing on the
operating and capital outlay requests of $100,000 from the existing Citizens Option for
Public Safety (COPS) Supplement Law Enforcement Services Funds (SLESF) account
by the Chief of Police. (Fiscal Impact: $100,000 from COPS grant fund)
City Clerk Mortesen stated that proper notice had been given in a timely manner and
that no communications had been received in the City Clerk's Office.
Mitch Tavera, Police Chief, gave a report.
MOTION by Council Member Jacobson, SECONDED by Mayor Pro Tern Fisher to close
the public hearing. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0
Mark Hensley, City Attorney, read by title only:
RESOLUTION NO. 4685
A RESOLUTION PROVIDING FOR THE IMPLEMENTATION OF THE CITIZENS
OPTION FOR PUBLIC SAFETY (COPS) PROGRAM.
MOTION by Mayor Pro Tern Fisher, SECONDED by Council Member Jacobson to
adopt Resolution No. providing for the implementation of the Citizens Option for Public
Safety (COPS) Program. MOTION PASSED BY UNANIMOUS VOICE VOTE. 4/0.
COUNCIL MEMBER FUENTES ABSENT.
C. UNFINISHED BUSINESS
2. Consideration and possible action regarding Adoption of a Resolution providing
another designated Retirement Period for Section 20903, Two Years Additional
Service Credit, for local miscellaneous members. (Fiscal Impact: Presented at
Council Meeting of September 21, 2010)
Martha Dijkstra, Human Resources, gave a report.
MINUTES OF THE REGULAR CITY COUNCIL MEETING
OCTOBER 5, 2010
PAGE NO. 4
/ i J
MOTION by Council Member Brann, SECONDED by Mayor Pro Tem Fisher to adopt
Resolution No. 4686 providing another designated Retirement Period for Section 20903,
Two Years Additional Service Credit, for local miscellaneous members. MOTION
PASSED BY UNANIMOUS VOICE VOTE. 4/0. COUNCIL MEMBER FUENTES
ABSENT.
3. Consideration and possible action to approve the preliminary Proposition 218
documents and direct staff to commence the Proposition 218 protest procedures
regarding implementation of residential trash (solid waste) collection fees. (Fiscal
Impact: $20,000 for ballot mailing; Potential Fiscal Impact: Approximately
$560,700 annual trash collection revenue)
Stephanie Katsouleas, Public Works Director, gave a report.
MOTION by Mayor Busch, SECONDED by Mayor Pro Tem Fisher to approve a tiered
rate structure according to amount of waste generated and to approve notice to
residents regarding proposed residential trash collection fees and protest ballot
language. MOTION PASSED BY THE FOLLOWING VOICE VOTE: AYES BUSCH,
FISHER, BRANN; NOES: JACOBSON; ABSENT: FUENTES. 3/1/1
MOTION by Council Member Brann, SECONDED by Mayor Pro Tem Fisher, to
schedule mailing the proposed notices and protest ballots on November 5, 2010 and set
the public hearing date for December 21, 2010 to tabulate protest ballot results and
consider imposing residential trash collection fees. MOTION PASSED BY THE
FOLLOWING VOICE VOTE: AYES BUSCH, FISHER, BRANN; NOES: JACOBSON;
ABSENT: FUENTES 3/1/1
Resolution amending the procedures for mailing, handling, and counting of Proposition
218 protest ballots to include trash (solid waste) fees to be adopted at the October 19,
2010 Meeting.
4. Consideration and possible action regarding 1) approval of an Environmental
Assessment for a proposed Statutory Exemption; 2) adoption of Public Facilities
Impact Fees for Police, Fire, Library, and Parks Facilities; and 3) introduce and
waive first reading of an ordinance to amend El Segundo Municipal Code
(ESMC) §15- 27A -6(D) and §15- 27A -6(E) regulating collection of impact fees.
Applicant: City Initiated (Fiscal Impact: Increased Fee Revenue from Police, Fire,
and Library Public Facilities Impact Fees and Establishment of New Parks Impact
Fees)
Greg Carpenter, Planning and Building Safety Director, gave a report.
Mark Hensley, City Attorney, read by title only:
MINUTES OF THE REGULAR CITY COUNCIL MEETING
OCTOBER 5, 2010
PAGE NO. 5
U19
RESOLUTION NO. 4687
A RESOLUTION ADOPTING DEVELOPMNET IMPACT FEES FOR POLICE, FIRE,
LIBRARY, AND PARKS FACILITIES IN ACCORDANCE WITH TITLE 15 CHAPTER
27A OF THE EL SEGUNDO MUNICIPAL CODE.
MOTION by Council Member Brann, SECONDED by Mayor Busch to adopt Resolution
No. 4687 establishing Public Facilities Impact Fees. MOTION PASSED BY
UNANIMOUS VOICE VOTE. AYES: BUSCH, FISHER, BRANN, NOES: JACOBSON,
ABSENT: FUENTES. 3/1/1
Mark Hensley, City Attorney, read by title only:
ORDINANCE NO. 1448
AN ORDINANCE AMENDING EL SEGUNDO MUNICIPAL CODE §§ 15- 27A -6(D) AND
15- 27a -6(E) AFFECTING WHEN DEVELOPMENT IMPACT FEES MUST BE PAID.
Mayor Busch introduced the ordinance.
Second reading and adoption scheduled for October 19, 2010.
D. REPORTS OF COMMITTEES, COMMISSIONS AND BOARDS
E. CONSENT AGENDA
All items listed are to be adopted by one motion without discussion and passed
unanimously. If a call for discussion of an item is made, the item(s) will be considered
individually under the next heading of business.
5. Approved Warrant Numbers 2579099 to 2579302 on Register No. 24 in the total
amount of $852,049.91 and Wire Transfers from 09/10/10 through 09/23/10 in
the total amount of $829,968.83. Authorized staff to release. Ratifed: Payroll
and Employee Benefit checks; checks released early due to contracts or
agreement; emergency disbursements and /or adjustments; and wire transfers.
6. Approved Regular City Council Meeting Minutes of September 21, 2010.
7. PULLED FOR DISCUSSION BY MAYOR BUSCH
8. Approved a side letter Agreement No. 4064A between the City of El Segundo
and the El Segundo Supervisory and Professional Employees Association
regarding the severance package for laid off employees. (Fiscal Impact: $16,390)
9. Approved a side letter Agreement No. 3759B between the City of El Segundo
and the El Segundo Police Support Services Employees Association regarding
the severance package for laid off employees. (Fiscal Impact: $3,753.26)
MINUTES OF THE REGULAR CITY COUNCIL MEETING
OCTOBER 5, 2010
PAGE NO. 6
n ,�
10. PULLED FOR DISCUSSION BY MAYOR BUSCH
11. PULLED FOR DISCUSSION BY COUNCIL MEMBER BRANN
11A. PULLED FOR DISCUSSION BY MAYOR BUSCH
MOTION by Council Member Brann, SECONDED by Mayor Busch to approve Consent
Agenda Items 5, 6, 8, and 9 MOTION PASSED BY UNANIMOUS VOICE VOTE. 4/0.
COUNCIL MEMBER FUENTES ABSENT.
CALL ITEMS FROM CONSENT AGENDA
7. Consideration and possible action to adopt Ordinance No. 1447 approving
Environmental Assessment EA 884, Zone Text Amendment ZTA 10 -05, and
Specific Plan Text Amendment SPTA 10 -02 to amend the El Segundo Municipal
Code ( "ESMC ") to establish regulations for assembly hall uses; to amend the
permitted and conditionally permitted uses in various zones; and amend the
permitted and conditionally permitted uses within the Downtown Specific Plan.
(Fiscal Impact: None)
MOTION by Mayor Busch, SECONDED by Council Member Brann to approve Consent
Agenda Item Number 7. MOTION PASSED BY UNANIMOUS VOICE VOTE. 4/0.
COUNCIL MEMBER FUENTES ABSENT.
10. Consideration and possible action regarding salary and benefit concessions for
FY 2010/2011 by the City of El Segundo City Supervisory and Professional
Employees Association. (Fiscal Impact: Estimated Savings of $312,885.96 for FY
2010/2011)
11A. Consideration and possible action regarding salary and benefit concessions for
FY 2010/2011 by the City of El Segundo Police Support Services Employees
Association. (Fiscal Impact: Estimated Savings of $97,310.00 for FY 2010/2011)
MOTION by Mayor Busch, SECONDED by Mayor Pro Tern Fisher to approve Consent
Agenda Items 10, Agreement No. 4064B between the City of El Segundo and City of El
Segundo City Supervisory and Professional Employees Association regarding salary
and benefit concessions for FY 2010/2011 and 11A Agreement No. 3759C between the
City of El Segundo and City of El Segundo Police Support Services Employees
Association regarding salary and benefit concessions for FY 2010/2011. MOTION
PASSED BY UNANIMOUS VOICE VOTE. 4/0. COUNCIL MEMBER FUENTES
ABSENT
11. Consideration and possible action regarding an amendment to the previously
approved Professional Services Agreements with Kimley -Horne Associates to
provide traffic engineering services related to the El Segundo Aquatics Site
MINUTES OF THE REGULAR CITY COUNCIL MEETING
OCTOBER 5, 2010
PAGE NO. 7
Feasibility Study California Environmental Quality Act (CEQA) review. (Fiscal
Impact: up to $11,300 Special Revenue Fund — Aquatics Facility Fund)
MOTION by Mayor Pro Tem Fisher, SECONDED by Mayor Busch to approve Consent
Agenda Item 11 approving an amendment to the previously approved Professional
Services Agreements with Kimley -Horne Associates to provide traffic engineering
services related to the El Segundo Aquatics Site Feasibility Study California
Environmental Quality Act (CEQA) review. Approve a budget appropriation of up to
$11,300 to provide additional traffic engineering services. Authorize the City Manager to
execute the Amendment. MOTION PASSED BY UNANIMOUS VOICE VOTE. 4/0
COUNCIL MEMBER FUENTES ABSENT
F. NEW BUSINESS
12. Consideration and possible action regarding the approval of amendment to the
Plan of Operations as proposed by the El Segundo Senior Citizens Housing
Corporation Board at its July 2010 meeting. This item offers further review of
staffs findings of the three items in question at the September 7, 2010 City
Council Meeting. (Fiscal Impact: None)
Bob Cummings, Recreation and Parks Director gave a report.
MOTION by Council Member Brann, SECONDED by Council Member Jacobson to
approve the amended Plan of Operations. MOTION PASSED BY UNANIMOUS VOICE
VOTE. 4/0. COUNCIL MEMBER FUENTES ABSENT.
REPORTS — CITY MANAGER - NONE
REPORTS — CITY ATTORNEY - NONE
REPORTS — CITY CLERK - NONE
REPORTS — CITY TREASURER - NONE
REPORTS — CITY COUNCIL MEMBERS
Council Member Brann — Spoke regarding a police ride - along; neighborhood watch
meeting; attendance at the Chamber Expo; the Richmond Street Fair; the golf course;
subcommittee for a search firm on recruiting a new City Manager; and the Da Vinci
School.
Council Member Jacobson — NONE
Mayor Pro Tern Fisher — NONE
MINUTES OF THE REGULAR CITY COUNCIL MEETING
OCTOBER 5, 2010
PAGE NO. 8
Mayor Busch — Spoke regarding the Residential Sound Insulation program, stating that
Council was still working on this issue. Requested staff to agendize an RSI update item
for the first meeting of each month. Spoke on the South Bay Bicycle Ride this Sunday
from Torrance to Main Street El Segundo.
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.
Michael Robbins, Resident; stated that he felt his rights had been violated regarding his
right to speak on Agenda Item C3. He also spoke regarding Council Pensions; Cal Pers;
salaries and compensation; and proposed Proposition 218 trash service fees.
Cornellius, USC Graduate, spoke regarding a citizen's complaint. He stated that more
training should be provided for police officers regarding DUI stops. He thanked the City
for working with him on this.
Liz Garnholz, Resident; requested more information on items 10 and 11A.
Ron Swanson, Resident; questioned the Proposition 218 process.
MEMORIALS — Suzanne Fuentes Weston, and Carl F. Cason.
CLOSED SESSION - NONE
ADJOURNMENT at 8:45 p.m.
Cindy Mortesen, City Clerk
MINUTES OF THE REGULAR CITY COUNCIL MEETING
OCTOBER 5, 2010
PAGE NO. 9
EL SEGUNDO CITY COUNCIL MEETING DATE: October 19, 2010
AGENDA STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action to authorize the City Manager to execute a Public
Service Agreement with South Bay Children's Health Center Association/The South Bay
Youth Project to provide on -site counseling services at El Segundo Unified School
District. (Fiscal Impact: $33,018)
RECOMMENDED COUNCIL ACTION:
1. Authorize the City Manager to execute a Public Service Agreement in a form as
approved by the City Attorney in the amount up to $33,018.
2. Alternatively, discuss and take other action related to these items.
ATTACHED SUPPORTING DOCUMENTS:
Public Service Agreement between City of El Segundo and South Bay Children's Health
Center Association/The South Bay Youth Project.
FISCAL IMPACT: Included in Adopted Budget
Amount Budgeted: $33,018
Additional Appropriation: No
Account Number(s): 001 - 400 -5201 -6206
ORIGINATED BY: Vina Ramos, Administrative Analyst W_
REVIEWED BY: Bob Cummings, Director of creation and Parks
APPROVED BY: Jack Wayt, City Manager
BACKGROUND AND DISCUSSION:
On May 18, 2010, the City Council approved staff to include in -kind services for El Segundo
Unified School District (ESUSD) in the FY 2010 -2011 preliminary budget. The approved
amount for on -site counseling services is $33,018.
South Bay Children's Health Center Association (SBCHC) administers the South Bay Youth
Project (SBYP) to provide on -site counseling services for ESUSD. The project has been funded
by the City since 2002. On -site counselor may provide services relating to family or school
problems, acting -out behaviors, substance abuse evaluation and treatment, physical or sexual
abuse, parental neglect or inadequate supervision, parent education, crisis intervention, and
tutoring to assessment for inpatient treatment or shelter care.
An additional approval from City Council is required to execute the Public Service Agreement
for one (1) year with an option to extend for up to (2) two additional terms as approved by the
City.
M
t. � y
PUBLIC SERVICE AGREEMENT BETWEEN
THE CITY OF EI, SEGUNDO AND THE SOUTH BAY CHILDREN'S HEALTH
CENTER ASSOCIATON/THE SOUTH BAY YOUTH PROJECT
THIS MAINTENANCE AGREEMENT ( "Agreement ") is made and entered into this 1st
day of September, 2010, by and between the CITY OF EL SEGUNDO, a general law city
and municipal corporation ( "EL SEGUNDO ") and the South Bay Children's Health
Center Association ( "SBCHC "), a non - profit corporation, acting as the sponsoring
agency for THE SOUTH BAY YOUTH PROJECT ( "SBYP "), with reference to the
following:
EL SEGUNDO participates in a program known as the SBCHC, a non - profit agency
SBCHC;
SBCHC makes licensed therapists available to counsel a diverse range of problems,
including, without limitation, family or school problems, substance abuse, physical or
sexual abuse, parental neglect, or inadequate supervision. Referrals are received from
schools, law enforcement agencies, parents and youth.
SBCHC possesses the knowledge, expertise, and experience to provide the program
services necessary for the successful operation of the counseling program and is desirous
of furnishing these services;
NOW, THEREFORE, in consideration of the foregoing recitals each of the parties herein
set forth, the parties hereto do mutually agree as follows:
1. SERVICES
SBCHC will utilize EL SEGUNDO funds to contract for counseling services for El
Segundo residents for a period of ten months beginning September 1, 2010 through June
30, 2011. The following services will be provided in accordance with the conditions
herein set forth:
A. Conduct initial assessments ot. high -risk youth and their families and recommend
appropriate counseling services; and /or
B. Refer high -risk youth and their families to professional, bona -fide therapists for further
consultation, if necessary and where appropriate.
C. Maintain individual counseling caseload.
D. Network with El Segundo Teen Center, El Segundo Unified School District, El
Segundo Police Department and other local entities.
The above services must be provided to the City of El Segundo residents. All client
information, name, address, age, phone and recoinmendations will remain on file.
I of r..,-
1 4 v
SBCHC will cause therapists licensed pursuant to California law including, without
limitation, marriage and family therapists (Bus.& Prof. Code 1980), educational
psychologists (Ed. Code 49423), or clinical psychologists (Health & Safety Code 1316.5)
collectively, Counselors "), to assess persons seeking counseling services to determine
their therapy needs, if any. Counselors may provide services that include, without
limitation, individual, family or group counseling; crisis intervention; substance abuse
evaluation; education and treatment; parent education; assessment for inpatient treatment.
The counselor is under the direct supervision of SBCHC. Confirmation of services
available; schedule and assignments are developed by the Recreation Superintendent.
Hours of operation are Monday through Friday, four (4) hours per day. Community
networking, school site visits, Teen Center visits are to be conducted on an as needed
basis, throughout the stated ten (10) month frame.
2. TIME OF PERFORMANCE & TERM OF AGREEMENT
A. Said services contracted with SBCHC under this Agreement shall be provided for ten
(10) months per year, commencing September 1, 2010 and ending June 30, 2011.
B. The Term of this Agreement is from September 1, 2010 to September 30, 2011. EL
SEGUNDO has the option to extend the term of this Agreement for up to (2) two
additional terms of one -year each. Each option may be exercised by the parties prior to
the expiration of the term of this Agreement. In order to extend the term of this
Agreeement, EL SEGUNDO will approve and execute a written Amendment to this
Agreement specifying the service period and payment terms for that additional term and
SBCHC will approve and execute such Amendment.
3. PRIVACY RIGHTS
The services provide by SBCHC under this Agreement are protected by California law
including, without limitation, the psychotherapist - patient privilege (Evidence Code
1014). In addition, this Agreement anticipates that SBCHC will provide services to
minors whose records are protected from disclosure by various provisions of California
law including, without limitation, Welfare & Institutions Code 824. Accordingly,
SBCHC agrees that it will use its best efforts to secure all patient records and prevent
their disclosure to the extent provided by applicable law.
4. PUBLIC RECORDS ACT
The Parties acknowledge that they are public entities subject to the Public Records Act
(Govt. Code 6250- 6276.48) and that this Agreement, and documents ancillary to this
Agreement, must generally be disclosed upon request. However, the Parties agree that
patient records drafted pursuant to the terms of the Agreement are specifically excluded
from disclosure under Government Code 6254(c), 6254(k), and 6276.36. Accordingly,
2 0 l' 6
C 2 6
the Parties agree that such records will not be released except as otherwise provided by
law.
5. COMPENSATION AND METHOD OF PAYMENT
EL SEGUNDO shall reimburse SBCHC (10) times per year in an amount not to exceed
$2,749.80 per payment for each month of the service period, and one (1) payment of
$5,520 for the annual participating fee; which shall constitute full and complete
satisfaction of the obligations under this Agreement, totaling at $33,018 annually.
Payments shall be made by EL SEGUNDO to SBCHC in installments pursuant to the
following: After services have been rendered by SBCHC, a detailed invoice shall be
submitted to EL SEGUNDO. EL SEGUNDO will then process payment to SBCHC
based upon said invoice. Payment will be made to SBCHC in the amount of the invoice
as approved by EL SEGUNDO.
6. CONFLICT OF INTEREST
No person performing services for the EL SEGUNDO in connection with this Agreement
shall have a financial or other personal interest other than his or her employment or
retention by EL SEGUNDO in any contract or subcontract in connection with this
Agreement. No officer or employee of such person retained by EL SEGUNDO shall
have any financial or other personal interest in any real property in which the plans of
said property are being checked in connection with this Agreement.
7. PROGRAM EVALUATION AND REVIEW
SBCHC shall make performance, financial, and all other records pertaining to this
Agreement available to EL SEGUNDO personnel, and allow said EL SEGUNDO
personnel to inspect and monitor its facilities and program operations. SBCHC agrees to
submit to EL SEGUNDO all data necessary for complete program evaluation.
SBCHC agrees to submit to EL SEGUNDO quarterly reports.
8. TERMINATION AND TERMINATION COSTS
This Agreement may be terminated at any time by either party upon giving thirty (30)
days notice in writing to the other party. EL SEGUNDO will give SBCHC fifteen (15)
days notice before terminating this Agreement upon the termination, suspension, or
substantial reduction in funding for this Agreement or if, for any reason, the timely
completion of the work under this Agreement is rendered improbable, infeasible, or
impossible. In such event, SBCHC shall be compensated for all services rendered and all
necessarily incurred costs performed in good faith in accordance with the terms of this
Agreement that have not been previously reimbursed to the date of said termination.
9. LIABILITY AND INSURANCE
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A. EL SEGUNDO shall not assume any liability for direct payment of any salaries,
wages or other compensation to any SBCHC personnel or subcontractor performing
services hereunder for EL SEGUNDO, or any liability other than provided for in this
Agreement.
B. EL SEGUNDO shall not be liable for compensation for indemnity to any SBCHC
employee or subcontractor for injury or sickness arising out of his/her employment, or for
any negligent actions of SBCHC or its employees.
C. All persons employed in the performance of this Agreement will be acting in an
independent capacity and not as agents, employees, partners, joint ventures, or associates
of one another. Employees of SBCHC, and as such shall not, for any purposes, be
considered employees of EL SEGUNDO and, therefore, shall have no right to any EL
SEGUNDO service, civil service, or other EL SEGUNDO status. No EL SEGUNDO
employee benefits shall be available to SBCHC in connection with the performance of
this Agreement.
1. SBCHC will hold CITY harmless and free from any and all liability arising out
of this Agreement, or its performance, except for such loss or damage arising
from CITY's sole negligence or willful misconduct. Should CITY be named in
any suit, or should any claim be against it, by suit or otherwise, whether the same
be groundless or not, arising out of this Agreement, or its performance, pursuant
to this Agreement, SBCHC will defend CITY (at CITY's request and with
counsel satisfactory to CITY) and will indemnify it for any judgment rendered
against it or any sums paid out in settlement or otherwise. SBCHC shall cause
each counselor providing services hereunder to agree to indemnify, defend, and
hold harmless both SBCHC and EL SEGUNDO from and against any and all
claims, liability, loss, damage, expense, and costs arising out of this Agreement,
except for such loss or damage caused by SBCHC's or EL SEGUNDO's sole
negligence or willful misconduct.
2. SBCHC agrees that every professional provider of services with whom SBCHC
contracts on behalf of EL SEGUNDO shall have professional liability insurance
which shall be in full force and effect during the period of the contract.
3. SBCHC agrees to name EL SEGUNDO as additionally insured on said
insurance policy or policies and will provide a certificate or certificates of
insurance as proof of coverage with a written "Notification of Cancellation"
period of not less than 30 days. SBCHC 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.
10. STATUS OF THE SOUTH BAY CHILDREN'S HEALTH CENTER
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SBCHC is an independent contractor in all respects in the performance of this
Agreement.
1 1. SUBCONTRACT
Any subcontracts entered into by SBCHC for services to be rendered toward the
completion of SBCHC'S portion of this Agreement shall be for SBCHC'S benefit alone.
EL SEGUNDO shall assume no liability for said subcontract. SBCHC agrees to provide a
list of all subcontractors to be used in connection with services to be rendered toward the
completion of its portion of this Agreement to EL SEGUNDO within ten (10) working
days of execution of this Agreement.
12. AMENDMENTS
This Agreement may be amended so long as such amendment is in writing and agreed
upon by both EL SEGUNDO and SBCHC.
13. DEFAULT
In the event SBCHC is in default under the terms of this Agreement, it is expressly
agreed that EL SEGUNDO shall have no obligation or duty to continue compensating
SBCHC for any work performed after the noticed date of default.
14. REIMBURSEMENT
Each party agrees that in the event of an arbitrator's determination that a party is in
default in the performance of this Agreement, said party will reimburse the other for all
expenses including attorney's fees, investigators, transcripts, court reporters, and other
reasonable costs) incurred by such party in connection with enforcement of its rights
under this Agreement.
15. REQUEST FOR FINAL PAYMENT
EL SEGUNDO reserves the right to withhold ten percent (10/0) of the contract amount
on a completed project until a Certification of Completion is issued by EL SEGUNDO or
Project Directors, or their designees, which certificate shall not be unreasonably withheld.
16. NOTICES
Notices shall be given pursuant to this Agreement by personal service on the party to be
notified, or by written notice upon such party deposited in the custody of the United
States Postal Service addressed as follows:
1, :
5of6 �9
A.
EL SEGUNDO: City of El Segundo
Attn: Bob Cummings, Director of Recreation & Parks
Recreation and Parks Department
401 Sheldon St. El Segundo, California 90245
Phone: (310)524-2882
B.
SOUTH BAY CHILDREN'S HEALTH CENTER/SOUTH BAY YOUTH
PROJECT:
South Bay Children's Health Center /South Bay Youth Project
410 Camino Real
Redondo Beach, California 90277
Phone: 310) 316 -1212
Attn: Christina Harris, Executive Director
Notices shall be deemed to have been given as of the date of personal service, or as of the
date of deposit of the same in the custody of the United States Postal Service.
IN WITNESS WHEREOF the parties hereto have executed this contract the day
and year first hereinabove written.
CITY OF EL SEGUNDO
a general law city.
Jack Wayt,
City Manager
ATTEST:
Secretary
Taxpayer 1D No.
Cindy Mortesen,
City Clerk
APPROVED AS TO FORM:
MARK D. HENSLEY, City Attorney
ma
Karl H. Berger, Assistant City Attorney
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EL SEGUNDO CITY COUNCIL MEETING DATE: October 19, 2010
AGENDA STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action to award a three (3) year Landscape Maintenance
Agreement to the lowest responsible bidder, TruGreen LandCare for the City's landscape
maintenance services. (Fiscal Impact: $137,322.00)
RECOMMENDED COUNCIL ACTION:
1. Authorize the City Manager to execute a three (3) year Landscape Maintenance
Agreement in a form as approved by the City Attorney in the amount of $137,322.00.
2. Alternatively, discuss and take other action related to these items.
ATTACHED SUPPORTING DOCUMENTS:
None.
FISCAL IMPACT: Included in Adopted Budget
Amount Budgeted: $137,322.00
Additional Appropriation: No
Account Number(s): 001 - 400 -5102 -6206
ORIGINATED BY: Mark Trujillo, Parks Superintendent
REVIEWED BY: Bob Cummings, Director of R creation and Parks
APPROVED BY: Jack Wayt, City Manage�j
BACKGROUND AND DISCUSSION:
Request for Proposals (RFP) #10 -7 for the City's landscape maintenance services was available
to public on August 24, 2010. RFP #10 -7 included options for weekly services and bi- weekly
services. The different options gives staff flexibility to meet the Parks Division's reduced budget
for Contract Services for FY 2010-2011.
On September 21, 2010, the City Clerk received and opened four (4) bids as follows:
1. Mariposa Landscapes Inc $226,147.83
2. Wurzel Landscape $212,004.00
3. Valley Crest Landscape Maintenance $160,680.00
4. TruGreen LandCare. $137,332.00
Staff recommends awarding the contract to the lowest responsible bidder, TruGreen LandCare
for bi- weekly services except for Recreation & Park, Library Park, and Richmond Field. The
reduced rates and services will save the City a total of $42,782.00 during FY 10 -1 1.
5
EL SEGUNDO CITY COUNCIL MEETING DATE: October 19, 2010
AGENDA STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action to adopt Ordinance No. 1448 approving Environmental
Assessment EA 723 to amend the El Segundo Municipal Code ( "ESMC ") § 15- 27 -6(D) and § 15-
27A-6(E) regulating the collection of impact fees (Fiscal Impact: N /A)
RECOMMENDED COUNCIL ACTION:
1. Waive second reading and adopt Ordinance No. 1448 for Environmental Assessment
EA 723; and/or
2. Alternatively, discuss and take other possible action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
1. Ordinance No. 1448
FISCAL IMPACT: None
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Kimberly Christensen, AICP, Planning Manager
REVIEWED BY: Greg Carpenter, Director of Planning and Building Safety,
APPROVED BY: Jack Wayt, City Manager 0
BACKGROUND AND DISCUSSION:
I. Background
On October 5, 2010, the City Council introduced an Ordinance to approve Environmental
Assessment EA 723 to amend the El Segundo Municipal Code (ESMC) §15-27-6(D) and §15-
27A-6(E) regulating the collection of impact fees. The Ordinance is presented for a second
reading and adoption. If adopted without change, Ordinance No. 1448 will become effective in
30 days.
II. Discussion
On October 5, 2010 the City Council adopted Public Facilities Impact Fees for Police, Fire,
Library and Parks Facilities by Resolution 4687. The development impact fees established in
Resolution 4687 are effective on January 1, 2011. In order to ensure that collection of these
adopted fees is in compliance with State law, the proposed ordinance would amend ESMC
regulations regarding when impact fees are collected. Government Code § 66007 allows impact
fees to be collected at the time of final inspection, or when the City issues a final certificate of
occupancy.
PAPlanning & Building Safety \0 Planning - Old \PROJECTS (Planning) \701- 725\EA- 723\City Council Report and Reso \City Council
10.19.2010\EA -723 Fee Study CC Report 2nd reading 10192010.doc
r� rt
ORDINANCE NO. 1448
AN ORDINANCE AMENDING EL SEGUNDO MUNICIPAL CODE §§ 15-
27A-6(D) AND 15- 27A -6(E) AFFECTING WHEN DEVELOPMENT
IMPACT FEES MUST BE PAID.
The City Council of the City of El Segundo does ordain as follows:
SECTION 1: El Segundo Municipal Code ( "ESMC ") § 15- 27A -6(D) is amended to
read as follows:
"D. The director of planning and building safety or the director of public
works will collect impact fees in accordance with Government Code §
66007, except that the connection fees are collected at the time an
applicant seeks to connect to the city's utility system."
SECTION 2: El Segundo Municipal Code ( "ESMC ") § 15- 27A -6(E) is amended to read
as follows:
"E. Unless otherwise provided by Council resolution, the impact fees
established by this chapter will be automatically adjusted on an annual
basis at the beginning of each fiscal year based on the average
percentage change over the previous calendar year set forth in the
construction price index for the Los Angeles metropolitan area. The first
impact fee adjustment cannot be made before a minimum of ten (10)
months after the effective date hereof."
SECTION 3: Environmental Review. This ordinance is exempt from review under the
California Environmental Quality Act (California Public Resources Code §§ 21000, et
seq., "CEQA ") and CEQA regulations (14 California Code of Regulations §§ 15000, et
seq.) because it does not involve any commitment to a specific project which could
result in a potentially significant physical impact on the environment and establishes
rules and procedures to implement an organizational or administrative activity that will
not result in direct or indirect physical changes in the environment. Accordingly, this
Ordinance does not constitute a "project" that requires environmental review (see
specifically, 14 CCR § 15378(b)(2, 5)).
SECTION 4: If any part of this Ordinance or its application is deemed invalid by a
court of competent jurisdiction, the City Council intends that such invalidity will not affect
the effectiveness of the remaining provisions or applications and, to this end, the
provisions of this Ordinance are severable.
SECTION 5: Repeal or amendment of any provision of the ESMC will not affect any
penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of
penalties for any violation occurring before this Ordinance's effective date. Any such
repealed part will remain in full force and effect for sustaining action or prosecuting
violations occurring before the effective date of this Ordinance.
SECTION 6: If this the entire Ordinance or its application is deemed invalid by a court
of competent jurisdiction, any repeal of the ESMC or other the city ordinance by this
Ordinance will be rendered void and cause such ESMC provision or other the city
ordinance to remain in full force and effect for all purposes.
SECTION 7: The City Clerk is directed to certify the passage and adoption of the
Ordinance, make a note of the passage and adoption in the records of this meeting, and
within fifteen days after the passage and adoption of this Ordinance cause it to be
published and posted in accordance with California law.
SECTION 8: This Ordinance will become effective on the 31St day following its
passage and adoption.
PASSED AND ADOPTED this 19th day of October, 2010.
ATTEST:
Cindy Mortesen, City Clerk
APPROVED AS TO FORM:
MARK D. HENSLEY, City Attorney
Karl H. Berger, City Attorney
Eric Busch, Mayor
PAPlanning & Building Safety \0 Planning - Old \PROJECTS (Planning) \701- 725 \EA - 723 \City Council Report and Reso \City Council
10.19.2010 \EA- 723.impact Fee Ordinance Amendment.CC.10.19.10.doc
2 ('34
EL SEGUNDO CITY COUNCIL MEETING DATE: October 19, 2010
AGENDA STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action to adopt a resolution amending the City's exisiting
procedures for mailing, handling and counting of Proposition 218 protest ballots to
include residential (solid waste) trash collection service fees. (Fiscal Impact: None)
RECOMMENDED COUNCIL ACTION:
1. Adopt a resolution amending the City's existing procedures for mailing, handling and
counting of Proposition 218 protest ballots to incude residential trash collection
service fees.
2. Alternatively, discuss and take other action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
Proposed Resolution
FISCAL IMPACT: None
Amount Budgeted: $
Additional Appropriation: N/A
Account Number(s):
ORIGINATED BY: Stephanie Katsouleas, Director of Public Works
REVIEWED BY: Mark Hensley, City Attorney 'D'
APPROVED BY: Jack Wayt, City
BACKGROUND AND DISCUSSION:
The attached resolution proposes to amend the existing the procedures for mailing, handling and
counting Proposition 218 protest ballots to include residential trash collection services. When
the procedures were originally adopted by the Council the City did not charge for trash collection
services, so the procedures were only applicable to water and wastewater fees.
The procedures are intended to implement the intent of Proposition 218 with regard to allowing
property owners, and pursuant to legislation utility customers, the opportunity to file written
protests with regard to proposed utility fee increases. The procedures set forth, among other
things, the process by which ballots are to be sent out and processed when they are returned.
A key part of the procedures is that property owners or customers must utilize the ballot that is
provided by the City. Unlike traditional elections, there is no process by which the City can
verify signatures with regard to those casting protest ballots. Thus, in order to provide some
controls in to the process and some degree of confidence that those actually protesting the
proposed fees are either qualified property owners or customers the City requires that the forms
provided by the City be used. These protest ballots are marked with Los Angeles County
Assessor Parcel Numbers ( "APN ") based upon the latest information available from the County
and are mailed to the property owner and the customers. Since the ballots are mailed directly to
addresses identified on the Assessor's tax rolls and /or to the property itself there is a degree of
confidence that the person that signs and returns the protest ballot is actually qualified to do so.
Without this control process the Clerk's office would have to spend potentially excessive
resources to determine whether protests were validly filed. Additionally, since it is possible that
the property owner and customer are not the same individual but only one protest is counted per
parcel, and given that both ballots would contain the same APN, the Clerk's office can
electronically determine very quickly whether a protest has already been filed for the property
and not improperly include a protest vote in the tabulation. It should be noted that in the event a
property owner or customer requests a replacement protest ballot, one willed be mailed so long
as a protest has not already been received for the property.
Ballot materials for residential trash fees were previously approved by City Council on October
5, 2010 and will be mailed to property owners on November 5, 2010. Once mailing commences,
the protest ballot period must run a minimum of 45 days. City Council will then conduct a
public hearing on December 21, 2010 to count all protest ballots received and determine whether
to implement a trash collection fee.
t��rJ
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL
SEGUNDO ESTABLISHING PROCEDURES FOR INCREASING
WATER, SOLID WASTE AND WASTEWATER FEES IN ACCORDANCE
WITH THE REQUIREMENTS OF PROPOSITION 218
The Council of the City of El Segundo does resolve as follows:
SECTION 1: The City Council finds and declares as follows:
A. On July 24, 2006, the California Supreme Court confirmed that charges for
water, solid waste and wastewater services are subject to Proposition 218
procedures (Bighorn- Desert View Water AgencY v. Verjii (2006) 39 Cal.41h
205);
B. The City Council anticipates that there will be potential future imposition of
fees or increases in water, solid waste, and wastewater rates. Adopting the
policies and procedures set forth in this Resolution will help implement the
requirements set forth in Article XIIID of the California Constitution and
help ensure that the rights of those persons that are authorized to protest
service charges are preserved;
C. Elections Code § 4000(c)(9) provides that any protest ballot proceeding
required or authorized by California Constitution Articles XIIIC or XIIID
may be conducted wholly by mail. In the event a protest ballot process is
required, the City Council seeks to achieve higher awareness of those
affected by the proposed increase, provide an orderly protest process for both
those receiving the ballots and the City, insure to the extent practicable that
there is some verification process regarding the protests received, and to
reduce the costs of the protest ballot process; and
D. Adopting this Resolution is in the public interest for the reasons set forth
above and as further stated within Article XIIID and the Proposition 218 and
state legislation relating to the implementation of Proposition 218.
SECTION 2: The City Council adopts the procedures set forth in this Resolution for
conducting all proceedings required by California Constitution Article XIIID for utility
fee (as defined below) increases. Where no specific procedures are imposed by Article
XIIID or the Proposition 218 Omnibus Implementation Act (Government Code §§ 53750,
et seq.), the procedures set forth in this Resolution apply. This Resolution may be
referred to as the "Proposition 218 Protest Proceedings Resolution" and shall amend and
supersed Resolution No. 461
SECTION 3: Definitions. Unless the contrary is stated or clearly appears from the
Page 1 of 6
Deleted: _
Deleted:.-
l' J !
context, the following definitions govern the construction of the words and phrases used
in this Resolution. Words and phrases not defined by this chapter will have the meaning
set forth in California Constitution Article XIIID or the Proposition 218 Omnibus
Implementation Act.
A. "Act" means the Proposition 218 Omnibus Implementation Act found at
Government Code §§ 53750, et seq.;
B. "Article 131)" means California Constitution Article XIIiD, § 6;
C. "Manager" means the City Manager or designee;
D. "Property owner" has the same meaning set forth in Article 13D and also
pursuant to the Act includes tenancies of real property where tenants are
directly liable to pay the proposed water, Solid Wastc, or wastewater fee or
charge;
E. "Protest" means a written protest tiled with the City Clerk in accordance with
Article 13D, the Act, and this Resolution as described in Article 13D, §
6(a)(2);
F. "Utility fee" means a fee or charge imposed for water, Solid Waste, or
wastewater services provided to customers in accordance with the El
Segundo Municipal Code ( "ESMC "), and other applicable law, by the City of
El Segundo;
✓SECTION 4. Administration of Proceedings. The City Manager, or designee, is q eleted: y —�
authorized to implement this Resolution in a manner consistent with the California
Constitution and other applicable law.
SECTION 5. Notice. Notice of a proposed utility tee increase is provided as follows:
A. In general, the City will identify the record property owner(s) of each parcel
to which the utility fee would be applied from it's billing system database
and /or the latest equalized tax roll produced by Los Angeles County. The
City's Utility Billing database and the equalized tax roll is presumptive
evidence of ownership of the land for voting purposes.
B. If either the City's Utility Billing Database or Los Angeles County
Recorder's website shows that more than one property owner has an interest
in a parcel, all property owners (each property owner) must receive notice at
the address shown for the property owner. Both property owners and parties
financially responsible for paying the flee will he provided notice. In the
event that a notice is being sent for a service that the City is not currently
charging any fee for, the notices shall be sent to the property owner bated
upon the Los Angeles County Recorder's website and to the street address to
Page 2 of 6
1 � 1
which the service will be provided if the address is different than the address
designated for the property owner on the Los Angeles County Recorder's
website.
C. The notice must be sent by first class mail at least forty -five (45) days before
the date set for the public hearing on the utility fee.
D. The form of the notice of hearing will be approved by the City Council and
be on file with the City Clerk.
E. The notice provided by these procedures, in accordance with Article 13D,
supersedes and is in lieu of notice required by any other statutes to levy or
increase a utility fee.
F. The City Clerk, or designee, may certify the proper mailing of notices by an
affidavit which constitutes conclusive proof of mailing in the absence of
fraud.
G. Failure of any person to receive notice does not invalidate the proceedings.
Deleted: y
SECTION 6. Protests against Utility Fee hicreases. - - - --
A. The property owner(s) of parcels subject to the proposed tee increase are entitled
to a single protest for each parcel. When a parcel is held as community property
or in joint tenancy or as a tenancy in common, any spouse or joint tenant or tenant
in common is presumed to have authority to cast a protest on behalf of such
parcel.
B. If the owner(s) of the property desire to designate a particular owner as the person
authorized to cast the protest for such parcel, they may file with the City Clerk, at
any time before the commencement of the public hearing or the date of the
election, as the case may be, a written authorization of such designation, signed
by all the owners of record, and acknowledged in the manner that deeds of real
property are required to be acknowledged to entitle such deeds to be recorded in
the Los Angeles County Recorder's Office.
C. Executors, administrators, and guardians may cast a protest on behalf of the estate
represented by them. If such representatives are shown on the latest assessment
roll as paying taxes and assessments on behalf of the property owner(s), that fact
establishes the right of such representative(s) to cast a protest. If such
representatives are not shown on the latest assessment roll, the representatives
may file with the City Clerk, at any time before the commencement of the public
hearing, or the date of the election, as the case may be, certified copies of the
written documentation establishing the legal representation.
D. The protest of any public or quasi - public corporation, private corporation, or
Page a of 6
t
unincorporated association may be signed by any person so authorized in writing
by the hoard of directors or trustees or other managing body thereof.
E. The Manager is designated as the voting representative with respect to City -
owned property.
F. In any case where the documentation provided to the City Clerk in is
ambiguous or unclear, the City Attorney will determine whether the
documentation is adequate for the purpose provided.
G. In the event a property owner loses or misplaces a protest ballot, upon
request by the property owner the City will send by first class mail a
replacement protest ballot unless a properly tilled out protest ballot has
already been received for the parcel of property.
,SECTION 7. Public Hearing. Deleted; y
9
A. Only protest ballots that (i) were provided by the City to the property owner Deleted:I
in the form approved by the Council and (ii) are properly filled out and
legibly signed by an eligible property owner is made will he counted as a
valid protest. Only one protest shall be counted for each parcel of property
regardless of the number of protests filed by property owners for the parcel.
B. The City Clerk must stamp each written protest the date and time it is tiled
with the City Clerk for purposes of establishing whether the protest was filed
before the close of the public testimony portion of the public hearing. No
protest received after the close of the public testimony portion ol'the public
hearing can be counted in determining the amount of protest, but the Council
may, in its discretion, consider such protests in making its decision. Written
protests may he withdrawn in writing at any time before the conclusion of the
public testimony portion of the public hearing.
C. At the time and place fixed for the hearing, or at any time to which the
hearing is adjourned, the Council must:
Hear all persons interested in the matter of the proposed fee
increase;
2. Hear all objections, protests or other written communications from
any owner of property subject to the proposed utility fee; and
Take and receive oral and documentary evidence pertaining to the
proposed fee increase.
Page 4 of 6
i_ 4 ;J
The hearing may he continued from time to time, as the Council
determines necessary to complete its consideration of the proposed
fee increase.
if the Council determines, at the close of the public testimony
portion of the public hearing, that votes were received from
property owners representing a majority of the parcels subject to
the proposed fee increase, the Council shall adopt a resolution
setting forth the results of the protest ballot process and the
proceedings shall then he closed and the utility fee cannot be
approved by the City Council.
6. If the Council determines at the close of the public testimony
portion of the public hearing that written protests were not received
from property owners representing a majority of the parcels subject
to the proposed utility fee, the Council shall adopt a resolution
setting forth the results of the protest ballot process and then may
by Ordinance change the utility fee so long as in an amount that
does exceed the amount and methodology set forth in the public
notices sent to the property owners.
SECTION H. Environmental Review. This Resolution is exempt from review under the Formatted: Font: Not Italic
California Environmental Quality Act (California Public Resources Code §§ 21000, et
seq., " CEQA ") and CEQA regulations (14 California Code of Regulations §§ 15000, et
seq.) because it establishes rules and procedures to implement government funding
mechanisms; does not involve any commitment to a specific project which could result in
a potentially significant physical impact on the environment; and constitutes an
organizational or administrative activity that will not result in direct or indirect physical
changes in the environment. Accordingly, this Resolution does not constitute a "project"
that requires environmental review (see specifically 14 CCR § 15378(b)(4 -5)).
SECTION 9. If any part of this Resolution or its application is deemed invalid by a court
of competent jurisdiction, the city council intends that such invalidity will not affect the
effectiveness of the remaining provisions or applications and, to this end, the provisions
of this Resolution arc severable.
SECTION 10. Repeal of any provision of the El Segundo Municipal Code, or other
Resolution, does not affect any penalty, forfeiture, or liability incurred before, or preclude
prosecution and imposition of penalties for any violation occurring before this
Resolution's effective date. Any such repealed part will remain in full force and effect
for sustaining action or prosecuting violations occurring before the effective date of this
Resolution.
SECTION 11. The City Clerk is directed to certify the passage and adoption of this
Page 5 of 6
�4
Resolution; and cause it to he entered into the City of El Segundo's hook of original
Resolutions.
This Resolution will take effect immediately day following its final passage and
adoption.
PASSED AND ADOPTED this day of 2010.
ATTEST:
Cindy Mortesen, City Clerk
APPROVED AS TO FORM
Mark Hensley, City Attorney
Page 6 o f 6
Eric Busch, Mayor
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL
SEGUNDO ESTABLISHING PROCEDURES FOR INCREASING
WATER, SOLID WASTE AND WASTEWATER FEES IN ACCORDANCE
WITH THE REQUIREMENTS OF PROPOSITION 218
The Council of the City of El Segundo does resolve as follows:
SECTION 1: The City Council finds and declares as follows:
A. On July 24, 2006, the California Supreme Court confirmed that charges for
water, solid waste and wastewater services are subject to Proposition 218
procedures (Bighorn- Desert View Water Agency v. Verjil (2006) 39 Cal.4`h
205);
B. The City Council anticipates that there will be potential future imposition of
fees or increases in water, solid waste, and wastewater rates. Adopting the
policies and procedures set forth in this Resolution will help implement the
requirements set forth in Article XIIID of the California Constitution and
help ensure that the rights of those persons that are authorized to protest
service charges are preserved;
C. Elections Code § 4000(c)(9) provides that any protest ballot proceeding
required or authorized by California Constitution Articles XIIIC or XIIID
may be conducted wholly by mail. In the event a protest ballot process is
required, the City Council seeks to achieve higher awareness of those
affected by the proposed increase, provide an orderly protest process for both
those receiving the ballots and the City, insure to the extent practicable that
there is some verification process regarding the protests received, and to
reduce the costs of the protest ballot process; and
D. Adopting this Resolution is in the public interest for the reasons set forth
above and as further stated within Article XIIID and the Proposition 218 and
state legislation relating to the implementation of Proposition 218.
SECTION 2: The City Council adopts the procedures set forth in this Resolution for
conducting all proceedings required by California Constitution Article XIIID for utility
fee (as defined below) increases. Where no specific procedures are imposed by Article
XIIID or the Proposition 218 Omnibus Implementation Act (Government Code §§ 53750,
et seq.), the procedures set forth in this Resolution apply. This Resolution may be
referred to as the "Proposition 218 Protest Proceedings Resolution" and shall amend and
supersed Resolution No. 4613_
SECTION 3: Definitions. Unless the contrary is stated or clearly appears from the
Page 1 of 6 i -, 4 13
context, the following definitions govern the construction of the words and phrases used
in this Resolution. Words and phrases not defined by this chapter will have the meaning
set forth in California Constitution Article XIIID or the Proposition 218 Omnibus
Implementation Act.
A. "Act" means the Proposition 218 Omnibus Implementation Act found at
Government Code §§ 53750, et seq.;
B. "Article 1313" means California Constitution Article XIIID, § 6;
C. "Manager" means the City Manager or designee;
D. "Property owner" has the same meaning set forth in Article 13D and also
pursuant to the Act includes tenancies of real property where tenants are
directly liable to pay the proposed water, Solid Waste, or wastewater fee or
charge;
E. "Protest" means a written protest filed with the City Clerk in accordance with
Article 13D, the Act, and this Resolution as described in Article 13D, §
6(a)(2);
F. "Utility fee" means a fee or charge imposed for water, Solid Waste, or
wastewater services provided to customers in accordance with the El
Segundo Municipal Code ( "ESMC "), and other applicable law, by the City of
El Segundo;
SECTION 4. Administration oj'Proceeclings. The City Manager, or designee, is
authorized to implement this Resolution in a manner consistent with the California
Constitution and other applicable law.
SECTION 5. Notice. Notice of a proposed utility fee increase is provided as follows:
A. In general, the City will identify the record property owner(s) of each parcel
to which the utility fee would be applied from it's billing system database
and /or the latest equalized tax roll produced by Los Angeles County. The
City's Utility Billing database and the equalized tax roll is presumptive
evidence of ownership of the land for voting purposes.
B. If either the City's Utility Billing Database or Los Angeles County
Recorder's website shows that more than one property owner has an interest
in a parcel, all property owners (each property owner) must receive notice at
the address shown for the property owner. Both property owners and parties
financially responsible for paying the fee will be provided notice. In the
event that a notice is being sent for a service that the City is not currently
charging any fee for, the notices shall be sent to the property owner based
upon the Los Angeles County Recorder's website and to the street address to
Page 2of6 i_"4�
which the service will be provided if the address is different than the address
designated for the property owner on the Los Angeles County Recorder's
website.
C. The notice must be sent by first class mail at least forty -five (45) days before
the date set for the public hearing on the utility fee.
D. The form of the notice of hearing will be approved by the City Council and
be on file with the City Clerk.
E. The notice provided by these procedures, in accordance with Article 13D,
supersedes and is in lieu of notice required by any other statutes to levy or
increase a utility fee.
F. The City Clerk, or designee, may certify the proper mailing of notices by an
affidavit which constitutes conclusive proof of mailing in the absence of
fraud.
G. Failure of any person to receive notice does not invalidate the proceedings.
SECTION 6. Protests against Utility Fee Increases.
A. The property owner(s) of parcels subject to the proposed fee increase are entitled
to a single protest for each parcel. When a parcel is held as community property
or in joint tenancy or as a tenancy in common, any spouse or joint tenant or tenant
in common is presumed to have authority to cast a protest on behalf of such
parcel.
B. If the owner(s) of the property desire to designate a particular owner as the person
authorized to cast the protest for such parcel, they may file with the City Clerk, at
any time before the commencement of the public hearing or the date of the
election, as the case may be, a written authorization of such designation, signed
by all the owners of record, and acknowledged in the manner that deeds of real
property are required to be acknowledged to entitle such deeds to be recorded in
the Los Angeles County Recorder's Office.
C. Executors, administrators, and guardians may cast a protest on behalf of the estate
represented by them. If such representatives are shown on the latest assessment
roll as paying taxes and assessments on behalf of the property owner(s), that fact
establishes the right of such representative(s) to cast a protest. If such
representatives are not shown on the latest assessment roll, the representatives
may file with the City Clerk, at any time before the commencement of the public
hearing, or the date of the election, as the case may be, certified copies of the
written documentation establishing the legal representation.
D. The protest of any public or quasi - public corporation, private corporation, or
Page 3 of 6 L: q j
unincorporated association may be signed by any person so authorized in writing
by the board of directors or trustees or other managing body thereof.
E. The Manager is designated as the voting representative with respect to City -
owned property.
F. In any case where the documentation provided to the City Clerk in is
ambiguous or unclear, the City Attorney will determine whether the
documentation is adequate for the purpose provided.
G. In the event a property owner loses or misplaces a protest ballot, upon
request by the property owner the City will send by first class mail a
replacement protest ballot unless a properly filled out protest ballot has
already been received for the parcel of property.
SECTION 7. Public Hearing.
A. Only protest ballots that (i) were provided by the City to the property owner
in the form approved by the Council and (ii) are properly filled out and
legibly signed by an eligible property owner is made will be counted as a
valid protest. Only one protest shalt be counted for each parcel of property
regardless of the number of protests filed by property owners for the parcel.
B. The City Clerk must stamp each written protest the date and time it is filed
with the City Clerk for purposes of establishing whether the protest was filed
before the close of the public testimony portion of the public hearing. No
protest received after the close of the public testimony portion of the public
hearing can be counted in determining the amount of protest, but the Council
may, in its discretion, consider such protests in making its decision. Written
protests may be withdrawn in writing at any time before the conclusion of the
public testimony portion of the public hearing.
C. At the time and place fixed for the hearing, or at any time to which the
hearing is adjourned, the Council must:
Hear all persons interested in the matter of the proposed fee
increase;
2. Hear all objections, protests or other written communications from
any owner of property subject to the proposed utility fee; and
Take and receive oral and documentary evidence pertaining to the
proposed fee increase.
Page 4of6
4. The hearing may be continued from time to time, as the Council
determines necessary to complete its consideration of the proposed
fee increase.
5. If the Council determines, at the close of the public testimony
portion of the public hearing, that votes were received from
property owners representing a majority of the parcels subject to
the proposed fee increase, the Council shall adopt a resolution
setting forth the results of the protest ballot process and the
proceedings shall then be closed and the utility fee cannot be
approved by the City Council.
6. If the Council determines at the close of the public testimony
portion of the public hearing that written protests were not received
from property owners representing a majority of the parcels subject
to the proposed utility fee, the Council shall adopt a resolution
setting forth the results of the protest ballot process and then may
by Ordinance change the utility fee so long as in an amount that
does exceed the amount and methodology set forth in the public
notices sent to the property owners.
SECTION 8. Environmental Review. This Resolution is exempt from review under the
California Environmental Quality Act (California Public Resources Code §§ 21000, et
seq., "CEQA ") and CEQA regulations (14 California Code of Regulations §§ 15000, et
seq.) because it establishes rules and procedures to implement government funding
mechanisms; does not involve any commitment to a specific project which could result in
a potentially significant physical impact on the environment; and constitutes an
organizational or administrative activity that will not result in direct or indirect physical
changes in the environment. Accordingly, this Resolution does not constitute a "project"
that requires environmental review (see specifically 14 CCR § 15378(b)(4 -5)).
SECTION 9. If any part of this Resolution or its application is deemed invalid by a court
of competent jurisdiction, the city council intends that such invalidity will not affect the
effectiveness of the remaining provisions or applications and, to this end, the provisions
of this Resolution are severable.
SECTION 10. Repeal of any provision of the El Segundo Municipal Code, or other
Resolution, does not affect any penalty, forfeiture, or liability incurred before, or preclude
prosecution and imposition of penalties for any violation occurring before this
Resolution's effective date. Any such repealed part will remain in full force and effect
for sustaining action or prosecuting violations occurring before the effective date of this
Resolution.
SECTION 11. The City Clerk is directed to certify the passage and adoption of this
Page 5 of 6
i_
47
Resolution; and cause it to be entered into the City of El Segundo's book of original
Resolutions.
This Resolution will take effect immediately day following its final passage and
adoption.
PASSED AND ADOPTED this day of , 2010.
ATTEST:
Cindy Mortesen, City Clerk
APPROVED AS TO FORM
Mark Hensley, City Attorney
Eric Busch, Mayor
Page 6 of 6 U � b >
t.
EL SEGUNDO CITY COUNCI. MEETING DATE: October 19, 2010
AGENDA STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action to adopt a new resolution which replaces Resolution
3784 due to Los Angeles County's reorganization for solid waste management from Los
Angeles County Department of Health Services to the Los Angeles County Department
of Public Health (Fiscal Impact: None)
RECOMMENDED COUNCIL ACTION:
1. Adopt the attached resolution designating the Los Angeles County Department of
Public Health as the enforcement agency to carry out the provisions of the Z'berg-
Kapiloff Solid Waste Control Act of 1976 and the subsequent California Integrated
Waste Management Act of 1989; or
2. Alternatively, discuss and take other action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
Resolution
FISCAL IMPACT: None
Amount Budgeted: $
Additional Appropriation: N/A
Account Number(s):
ORIGINATED BY: Stephanie Katsouleas, Director of Public Works
REVIEWED BY: Mark Hensley, City Attorneys P • ��"
APPROVED BY: Jack Wayt, City Manager ZQ
BACKGROUND AND DISCUSSION:
In July, 2006, the Los Angeles County Department of Environmental Health, Solid Waste
Management Program was reorganized from the Los Angeles County Department of Health
Services and placed under the jurisdiction of the new Los Angeles County Department of Public
Health. Los Angeles County is now requesting that each city who previously designated the
County to carry out enforcement provisions of the Z'berg - Kapiloff Solid Waste Control Act of
1976 and the subsequent California Integrated Waste Management Act of 1989 adopt a new
resolution reflecting the updated name change within its organization. The attached resolution
accomplishes that request and replaces Resolution 3784.
Q~
L��
,A
RESOLUTION NO.
A RESOLUTION DESIGNATING THE LOS ANGELES COUNTY
DEPARTMENT OF PUBLIC HEALTH AS THE LOCAL
ENFORCEMENT AGENCY FOR SOLID WASTE MANAGEMENT
IN ACCORDANCE WITH PUBLIC RESOURCES CODE § 43203.
BE IT RESOLVED by the Council of the City of El Segundo as follows:
SECTION 1: The City Council finds as follows:
A. The City of E1 Segundo, on September 15, 1992, designated the Los
Angeles County Department of Health Services as the local enforcement
agency for the City of E1 Segundo pursuant to Public Resources Code §
43203(c);
B. In July of 2006 the Los Angeles County Department of Health Services
was reorganized and the Los Angeles County Department of
Environmental Health, Solid Waste Management Program was placed
under the jurisdiction of the new Los Angeles County Department of
Public Health; and
C. The Los Angeles County Department of Public Health possesses the
required capabilities in environmental health and integrated waste
management to implement the Z'berg - Kapiloff Solid Waste Control Act
of 1976 and the California Integrated Waste Mangement Act of 1989.
SECTION 2: Pursuant to Public Resources Code § 43203(c), the City Council
designates the Los Angeles County Department of Public Health as the local enforcement
agency for the City of El Segundo.
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; 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 and
will remain effective unless repealed or superseded.
PASSED AND ADOPTED this 19th day of October 2010.
Eric K. Busch, Mayor
ATTEST:
(t. r .�
,� C)
Cindy Mortesen,
City Clerk
APPROVED AS TO FORM:
Mark D. Hensley, City Attorney
LOW
Karl H. Berger
Assistant City Attorney
�. 5
EL SEGUNDO CITY COUNCIL MEETING DATE: November 2, 2010
AGENDA STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action regarding approval of a five -year lease with Oce North
America for a multifunctional digital document copier to be used by the City Clerk's
Office for printing, copying, scanning, and faxing. (Fiscal Impact: Not to exceed $9,000
per year.)
RECOMMENDED COUNCIL ACTION:
1. Approve five -year lease, in a form approved by the City Attorney, with OCE North
America;
2. Alternatively, discuss and take other action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
1. Oce Lease Schedule and Equipment Purchase, Maintenance and Software License
Schedule
2. Xerox Proposal
FISCAL IMPACT: Included in Adopted Budget
Amount Budgeted: $10,000
Additional Appropriation: N/A
Account Number(s): 001 - 400 - 1301 -6260
ORIGINATED BY: Cathy Domann, Deputy City Clerk
REVIEWED BY: Cindy Mortesen, City Clerk
APPROVED BY: Jack Wayt, City Manager 4
BACKGROUND AND DISCUSSION:
The City Clerk's Office currently has a five -year lease with Oce North America for a high speed
copier which will expire in January of 2011. Staff has been very happy with the performance of
Oce products and Oce's excellent service and maintenance of equipment. The equipment meets
the City Clerk's Office need for high volume printing in a short period of time.
The proposed lease is for an Oce VarioLink 4522C. This model has the multifunctional
capability of printing, scanning, faxing and e- mailing which will result in cost savings associated
with the Equipment Replacement Fund due to equipment no longer being replaced or future
budget allocations necessary. Consolidating the copier, fax and printer machines with the
multifunctional device will help streamline the City Clerk's Office processes and utility energy
costs will be reduced. The equipment also meets Blue Angel, EPA Energy Star standards, uses
less energy that the current Oce copier, and has low sound and ozone emissions.
;91
t
n
BACKGROUND AND DISCUSSION CONTINUED:
In addition, the OCE proposal is approximately $1,600 per year less that our current lease and
approximately $7,000 less than a similar multifunctional device from Xerox. The total per year
lease includes all supplies except paper and staples.
The Oce VarioLink 4522C has been reviewed by the Information Services Division for Network
and Site compatibility.
� :5
OCe Oce North America, Inc.
Equipment Purchase, Maintenance & Software License Schedule
Master Agreement No:
Schedule No:
Reference No:
Customer Billing and Contact Information
Equipment Installation Information
Minimum Service Charge
Customer Full Legal Name: City of El Segundo City Clerks Office
Customer Full Legal Name: City of El Segundo City Clerks Office
DBA:
DBA:
Contact Name: Cathy Doman
Annually
Contact Name: Cathy Doman
Contact Phone: 310 -524 -2306 Email:
Contact Phone: 310 -524 -2306
Email:
Address: 350 Main St
Address: 350 Main St
Address:
Address:
City: El Segundo
County: Los Angeles
City: El Segundo County:
State: Ca Zip: 90245
State: Ca
Zip: 90245
Product/Equipment/Software Pricing Summary
Please refer to page two for a listing of all equipment Total List Price Total Trade -in / Discount Total Delivery - install / Freight Total Net Price
included in this summary N/A NIA NIA N/A
Total I N/A
(Exeluvve of Sales/ use Tau 6 Mam)
Maintenance Billing Frequency
General Information
Minimum Service Charge
Usage Allowance
Supplies Included
Trade in Equipment
Annually
Annually
®Yes ❑ No
❑Yes ® No
Acceptance
Comments
Customer Signature acknowledges receipt of (p) documents (See documents listed below).
which are incorporated herein by reference.
Equipment leased under a separate OFSI Lease Schedule.
DOCUMENT NAME REV.
Customer Authorized Signature
Oc6 Authorized Signature
Customer Name: City of El Segundo
Date:
Authorized Signature:
Accepted by:
Name (print):
Name (Print):
Title: Date:
0c6 North America, Inc. • 5450 N. Cumberland Avenue • Chicago, IL 60656
Oct AND CUSTOMER AGREE THAT THE TERMS AND CONDITIONS OF THE MASTER AGREEMENT REFERENCED ABOVE ARE HEREBY
INCORPORATED INTO THIS SCHEDULE AND ANY TERMS CONTAINED IN THIS SCHEDULE SHALL BE EFFECTIVE ONLY WITH RESPECT TO
THIS SCHEDULE.
l
ONA:Rev 12/1103
OCe Oce North America, Inc.
Equipment Purchase, Maintenance & Software License Schedule
Master Agreement No:
Schedule No:
Reference No:
Product / Equipment I Software Detail
Description / Item
List Price
Trade-in / Discount
Delivery- Install / Freight
Total Net Price
1 Oce VL5522c configured with accessories
N/A
N/A
N/A
N/A
Charge
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
NIA
N/A
NIA
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
NIA
N/A
N/A
N/A
NIA
NIA
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
Equipment and Software Maintenance Detail
Service Plans
Standard Coverage
Optional Coverage
Black & While
Usage Excess
Color
Usage Excess
Scans
usage Fxwss
Zone
Service Charge
Fixed Months
Coverage
Charge
120,000
$.00715
0
$.066
N/A
N/A
$1,016.40
49 -72
,55)
ONA'Rev 1211/03
OCe Oce Financial Services, Inc.
Lease Schedule to Master Lease
Master Agreement No.
Lease Schedule Number
Customer Billing and Contact Information Equipment Installation Information
Customer Legal
Name: City of El Segundo City Clerks Office Customer Legal Name: City of El Segundo City Clerks Office
DBA: DBA:
Contact Name: Cathy Doman Contact Name: Cathy Doman
Contact
Phone: 310 - 524 -2306 Email: Contact Phone: 310 - 524 -2306 Email:
Address: 350 Main St Address: 350 Main St
Address: Address:
City: El Segundo County: Los Angeles City: EI Segundo County: Los Angeles
State: Ca Zip: 90245 State: Ca Zip: 90245
Comments
Term and Conditions of the October 2002 MCFR will apply to this order.
IMPORTANT: READ BEFORE SIGNING
Lease Payment will be adjusted for applicable taxes. Lease Payments are due on the first of each month with the first regular payment due on the first of
the month after equipment installation. There will be a pro -rated charge for the period between the installation date and the first of the month.
The terms of this Lease including those on the Master Lease should be read carefully because only those terms in writing are enforceable. You agree to
comply with the terms and conditions of this Lease and understand that it is non - cancelable for any reason until all your obligations have been met. You
certify that all the information contained in this Lease and your application was correct and compete when this Lease was signed. You have selected the
Equipment based on your own judgment and we have no responsibility as to the satisfactory performance or maintenance of the Equipment.
Neither the vendor nor any of its salespersons are our agent. They have no authority to speak on our behalf or make any changes to the Lease. The Lease
may not be modified except in writing signed by both parties. By signing below, you (a) certify that you have read the entire Contract, (b) that neither we or
our representatives have made any agreements or representations except as set forth herein or in the Schedule and (c) you are duly authorized to execute
the Lease on behalf of your organization. This Lease will not commence and will not be binding on us until accepted by us.
Customer Authorized Signature
Contract Terms and Payment Schedule
Lease Payment
Lease Term
(Months)
Number of
Payments
Billing Cycle prea)
End of Lease
Purchase Option
For equipment detail. please see the equipment description exhibit A
. Muni tax exempt • Fiscal funding . NOLI -Financed Software • Step
Payment e Cost per impression -Replacement of prior contract
$6,456
60
5
_
Annual
FMV
Comments
Term and Conditions of the October 2002 MCFR will apply to this order.
IMPORTANT: READ BEFORE SIGNING
Lease Payment will be adjusted for applicable taxes. Lease Payments are due on the first of each month with the first regular payment due on the first of
the month after equipment installation. There will be a pro -rated charge for the period between the installation date and the first of the month.
The terms of this Lease including those on the Master Lease should be read carefully because only those terms in writing are enforceable. You agree to
comply with the terms and conditions of this Lease and understand that it is non - cancelable for any reason until all your obligations have been met. You
certify that all the information contained in this Lease and your application was correct and compete when this Lease was signed. You have selected the
Equipment based on your own judgment and we have no responsibility as to the satisfactory performance or maintenance of the Equipment.
Neither the vendor nor any of its salespersons are our agent. They have no authority to speak on our behalf or make any changes to the Lease. The Lease
may not be modified except in writing signed by both parties. By signing below, you (a) certify that you have read the entire Contract, (b) that neither we or
our representatives have made any agreements or representations except as set forth herein or in the Schedule and (c) you are duly authorized to execute
the Lease on behalf of your organization. This Lease will not commence and will not be binding on us until accepted by us.
Customer Authorized Signature
Acce ted by Oce Financial Services, Inc.
Customer Name:
City of El Segundo
Name
Oc6 Financial Services, Inc.
Authorized Signature
Authorized Signature
Printed Name
Printed Name
Title
Date
Title
Date
X56
OCe Oce Financial Services, Inc.
Lease Schedule to Master Lease
Master Agreement
Lease Schedule Number
Product / Equipment / Supplies Detail
Manufacturer Item / Description
Oce
VI-5522c
Oce
Large Capacity Tray
1 Oce
Standard Staple Finisher
Oce
Punch Kit
Oce
Fax Kit
Oce
Large Capacity Tray
1 Oce
Maintenance Agreement with Supplies - 120,000 prints / copies per month with overages at $.00715 BW & $.066 Color
Payment Schedule
Payment Number To
Payment Number To
Payment Number
Payment Number
57
xe rox,�
Customer: EL SEGUNDO, CITY OF
BillTo: CITY OF EL SEGUNDO Install: CITY OF EL SEGUNDO
350 Main St CITY CLERK
El Segundo, CA 90245 -3895 Rm 12
350 Main St
El Segundo, CA 90245 -3895
State or Local Government Negotiated Contract: 071396905
1. W7665P (WC7665 COPYIPRNT)
Adv Finisher- 213hole Lease Term: 60 months 71212010
Convenience Stapler Purchase Option: FMV
High Capacity Feeder
Internet & Serverfax
Secure Acc Wlmag Str
Prlcoplscn Ntwk Cnd
Customer Ed
Analyst Services
Monthly Pricing
Item Lease Print Charges Maintenance Plan Features
1. W7665P $1,174.27 1: BW 1 - 125,000 Included Consumable Supplies Included for all prints
125,001+ $0.0066 Meters Reconciled Quarterly
2: Color All Prints $0.0890 Pricing Fixed for Term
Total $1,174.27 Minimum Payments (Excluding Applicable Taxes)
7 Authorized Signature
Customer acknowledges receipt of the terms of this agreement Thank You for your business! r qft
which consists of 2 pages including this face page. This Agreement is proudly presented by Xerox and I `O�
Signer: Richard Hogate Phone: (310)524 -2339 Mike Ruiz r AL
(213)614 -0306 Ui
For information on your Xerox Account, go to
Signature: Date: www.xerox.comlAccountManagement
1.
.5s
Terms and Conditions
INTRODUCTION:
1. NEGOTIATED CONTRACT. The Products are subject solely to the terms in the
Negotiated Contract identified on the face of this Agreement, and, for any option you
have selected that is not addressed in the Negotiated Contract, the then - current
standard Xerox terms for such option.
GOVERNMENT TERMS:
2. REPRESENTATIONS & WARRANTIES. This provision is applicable to
governmental entities only. You represent and warrant, as of the date of this
Agreement, that: (1) you are a State or a fully constituted political subdivision or agency
of the State in which you are located and are authorized to enter into, and carry out
your obligations under this Agreement and any other documents required to be
delivered in connection with this Agreement (collectively, the "Documents "): (2) the
Documents have been duly authorized, executed and delivered by you in accordance
with all applicable laws, rules, ordinances and regulations (including all applicable laws
governing open meetings, public bidding and appropriations required in connection with
this Agreement and the acquisition of the Products) and are valid, legal, binding
agreements, enforceable in accordance with their terms; (3) the person(s) signing the
Documents have the authority to do so, are acting with the full authorization of your
governing body and hold the offices indicated below their signatures, each of which are
genuine; (4) the Products are essential to the immediate performance of a
governmental or proprietary function by you within the scope of your authority and will
be used during the Term only by you and only to perform such function; and (5) your
payment obligations under this Agreement constitute a current expense and not a debt
under applicable state law and no provision of this Agreement constitutes a pledge of
your tax or general revenues, and any provision that is so construed by a court of
competent jurisdiction is void from the inception of this Agreement.
3. FUNDING. This provision is applicable to governmental entities only. You represent
and warrant that all payments due and to become due during your current fiscal year
are within the fiscal budget of such year and are included within an unrestricted and
unencumbered appropriation currently available for the purchase /maintenance of the
Products, and it is your intent to use the Products for the entire term and to make all
xe rox,�
payments required under this Agreement. If (1) through no action initiated by you, your
legislative body does not appropriate funds for the continuation of this Agreement for
any Fiscal year after the first fiscal year and has no funds to do so from other sources,
and (2) you have made a reasonable but unsuccessful effort to find a creditworthy
assignee acceptable to Xerox in its sole discretion within your general organization who
can continue this Agreement, this Agreement may be terminated. To effect this
termination, you must, at least 30 days prior to the beginning of the fiscal year for which
your legislative body does not appropriate funds, notify Xerox in writing that your
legislative body failed to appropriate funds and that you have made the required effort
to find an assignee. Your notice must be accompanied by payment of all sums then
owed through the current year under this Agreement and must certify that the canceled
Equipment is not being replaced by equipment performing similar functions during the
ensuing fiscal year. You will return the Equipment, at your expense, to a location
designated by Xerox and, when returned, the Equipment will be in good condition and
free of all pens and encumbrances. You will then be released from any further payment
obligations beyond those payments due for the current fiscal year (with Xerox retaining
all sums paid to date).
PRICING PLAN/OFFERING SELECTED:
4. FIXED PRICING. If "Pricing Fixed for Term" is identified in Maintenance Plan
Features, the maintenance component of the Minimum Payment and Print Charges will
not increase during the initial Term of this Agreement.
GENERAL TERMS & CONDITIONS:
S. REMOTE SERVICES. Certain models of Equipment are supported and serviced
using data that is automatically collected by Xerox from the Equipment via electronic
transmission from the Equipment to a secure off -site location. Examples of
automatically transmitted data include product registration, meter read, supply level,
Equipment configuration and settings, software version, and problem1fauft code data.
All such data shall be transmitted in a secure manner specified by Xerox. The
automatic data transmission capability will not allow Xerox to read, view or download
the content of any Customer documents residing on or passing through the Equipment
or Customer's information management systems.
t_ � 1
xe rox
Auk thorized Signature
Customer acknowledges receipt of the terms of this agreement Thank You for your business!
which consists of 2 pages including this face page. This Agreement is proudly presented by Xerox and
Signer: Richard Hogate Phone: (310)524 -2339 Mike Ruiz
(213)6140306
For information on your Xerox Account, go to
Signature: Date: www.xerox.com/AccountManagement
POOLING TERMS AND CONDITIONS:
1. 1. This Pool Plan Agreement (including the Exhibits hereto) (collectively,
"Agreement ") modifies certain prior agreements (the "Underlying Agreements ") entered
into between you and Xerox for the rental, lease or maintenance of that equipment
indicated on the attached Pool Plan Pricing Exhibit (the "Pooled Equipment ").
2. POOL CREATION. The Pool Plan is a pricing arrangement covering the Pooled
Equipment, each unit of which has been assigned a specked monthly Unit Portion
Charge, a designated number of prints included within the Unit Portion Charge (the
"Prints Included', and an excess usage charge for each print made beyond the Prints
Included (the "Excess Rate per Print "), all of which is set out in the Pool Plan Pricing
Exhibit. The individual Unit Portion Charges and Prints Included are added together to
create respectively the Pool Monthly Charge and the Pool Prints Included.
3. AMENDMENT OF UNDERLYING AGREEMENTS. In addition to the pricing
changes for the Pooled Equipment set out in the Pool Plan Pricing Exhibit, you agree
that by entering into this Agreement you have amended the Underlying Agreements in
the following manner:
A. SUPPLIES INCLUDED. All Pooled Equipment shall either have supplies included
as part of the amounts you pay under the Pool Plan or not, as indicated in this
Agreement. If supplies are included, they shall be provided to you by Xerox pursuant to
the standard Xerox terms for such arrangements in effect throughout the course of this
Agreement.
B. FIXED PRICING. All Pooled Equipment shall either have the pricing you pay for the
rental or maintenance of that equipment fixed or not, as indicated in this Agreement. If
the pricing is fixed, Xerox shall forego any rights it might have pursuant to the
Underlying Agreements to increase the amount you pay to rent or maintain the Pooled
Equipment throughout the initial term of each Underlying Agreement.
C. BILLING. Xerox shall have the right to send all bills related to the Pooled
Equipment to the Address indicated on this Agreement and to send such bills in
accordance with the terms established hereunder.
4. COMMENCEMENT DATE. The Pool Plan Commencement Date shall be the later
of (a) the date of this Agreement, or (b) the install date of the first unit(s) of Pooled
Equipment.
5. BILLING OF POOL PLAN CHARGES. The Pool Monthly Charge is billed in
advance. Charges for any prints made beyond the Pool Prints Included shall be made
at the Excess Rate per Print and billed in arrears at intervals consistent with the Meter
Reconciliation Period established under this Agreement. Invoicing will commence upon
the Pool Plan Commencement Date (regardless of whether additional installations of
Pooled Equipment are anticipated). The Pool Monthly Charge and Pool Impressions
Included (a) will be prorated during any given month based upon Pooled Equipment not
yet installed, and (b) will be adjusted for any units of Pooled Equipment subject to a K-
16 Billing Suspension arrangement. All payments are due within thirty (30) days of the
invoice date or on the due date listed on the invoice, whichever is earlier.
6. ADDITIONAL CHARGES FOR POOLED EQUIPMENT. In addition to those
payments due under this Agreement, you are responsible for the following additional
payments required under the Underlying Agreements: (a) any payments stemming
from the Cash Sale or Installment Sale of Pooled Equipment (b) any premiums agreed
to in exchange for Extended or Enhanced service coverage; (c) any payments
stemming from charges captured on the second Meter (i.e., Meter 2) of any Pooled
Equipment; (d) any Supplies and Application Software charges; and, (e) any Use
Charges due on leased Pooled Equipment (unless these charges are billed exclusively
through the price you pay per print in the Underlying Agreement). For purposes of this
Agreement, Use Charges shall be defined as those amounts you pay Xerox for the use
of any leased Pooled Equipment (as opposed to its maintenance). For details
regarding the billing of any applicable Use Charges, see the attached Use Charge
Pricing Exhibit.
7. PRICING CHANGES. Unless the Pool Pricing is fixed (as described in Section 2
above), Xerox may annually adjust the Pool Monthly Charge, Pool Prints Included, and
Excess Rate per Print, each such adjustment not to exceed 10%. (Far state and local
xe rox *'J
government customers, this adjustment shall take place at the commencement of each
of your annual contract cycles.)
8. TAXES. You shall be responsible for any and all applicable Taxes, which will be
included in Xerox "s invoice unless you provide proof of your tax exempt status. Taxes
due on the Pool Monthly Charge will be the sum of the applicable state and local taxes
due on the individual Unit Portion Charges based upon the location of each unit of
Pooled Equipment. Taxes due on prints made beyond the Pool Prints Included will be
based on the applicable state and local taxes and equitably apportioned amongst the
units in the Pool. If a taxing authority determines that Xerox did not collect all
applicable Taxes, you shall remain liable to Xerox for such additional Taxes.
9. MODIFICATION OF PRIOR XEROX AGREEMENT. If this option has been
selected, this Agreement will modify a prior Pool Plan Agreement between you and
Xerox covering the Pooled Equipment such that the prior agreement shall remain as
written except for any new terms presented in this modification agreement (e.g.,
changes regarding Fixed Pricing).
10. ADDITIONS, DELETIONS, AND CHANGES. You may add Equipment to and/or
delete Equipment from the Pool at any time, provided that the Underlying Agreements
covering any Equipment added to the Pool shall be amended in accordance with the
terms of this Agreement. Once an addition or deletion takes place (or an Underlying
Agreement is terminated, renewed, or modified), Xerox shall have the right to equitably
adjust the Pool Monthly Charge, Pool Prints Included, and Excess Rate per Print
amounts. Note that any such adjustments (as well as any other Pool Plan pricing
adjustments made pursuant to this Agreement) shall allow for specific adjustments to
the Unit Portion Charge, Prints Included, and Excess Rate per Print of each unit of
Pooled Equipment.
11. TERMINATION. Either party may terminate this Agreement for its own business
reasons upon 30 days written notice. In this event, and with regard to individual units of
Pooled Equipment removed from the Pool Plan pursuant to Section 10 above, the
Underlying Agreements shall be in full force and effect as written prior to their being
amended by this Agreement except that (a) any amendments to the Underlying
Agreements created under Section 2 of this Agreement shall remain in effect, and (b)
the pricing for the equipment covered by the Underlying Agreements may be
recalculated by Xerox as follows:
i. all Maintenance and Rental Agreements may be charged at the standard, applicable
Xerox rate then in effect for you;
ii. all Lease Agreements under which you received a separate bit for the Minimum
Lease Payments (i.e., those leases under which these charges were paid outside the
Pool Plan) shall continue to result in one bill for the Minimum Lease Payments and a
second bill for the Periodic Base Charges and all Print Charges for your leases (which
may be charged at the standard, applicable Xerox rate then in effect for you); and,
iii. all Lease Agreements under which your Use Charges were billed exclusively
through the price you paid per print in the Underlying Agreements may be adjusted in
order to render the Periodic Base Charges and all Print Charges for your leases
consistent with the standard, applicable Xerox rate then in effect for you.
12. MISCELLANEOUS. This Agreement constitutes the entire agreement as to its
subject matter, and supersedes all prior and contemporaneous oral and written
agreements regarding said subject matter. Except as set forth in this Agreemen4 the
Underlying Agreements shall remain as stated. In the event of a conflict between the
terms of the Underlying Agreements and this Agreement, this Agreement shall control.
Xerox may retain a reproduction (e.g., electronic image, photocopy, or facsimile) of this
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to enforce this Agreement. Xerox may accept this Agreement either by its signature or
commencing performance. Other than changes regarding equipment covered and
pricing, which Xerox may adjust as per your instructions and /or its rights under this
Agreement, all changes to this Agreement must be made in a writing signed by both
parties; accordingly, any terms on your ordering documents shag be of no force or
effect.
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