2013 Aug 06 - 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, AUGUST 6 2013 — 5:00 PM
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 ormore 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:
CLOSED SESSION:
The City Council may move into a closed session pursuant to applicable law, including
the Brown Act (Government Code Section §54960, et sue.) for the purposes of
conferring with the City's Real Property Negotiator; and /or conferring with the City
Attorney on potential and /or existing litigation; and /or discussing matters covered under
Government Code Section §54957 (Personnel); and /or conferring with the City's Labor
Negotiators; as follows:
CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Gov't Code
§54956.9(d) (3) -2- matter
1. City of El Segundo vs. City of Los Angeles, et.al. LASC Case No. BS094279
2. City of Los Angeles vs. Pacific Bell Telephone Company, et al., LASC Case No.
BC414272
CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to Government Code §54956.9(d) (2) and (3):
-0- matter.
Initiation of litigation pursuant to Government Code §54956.9(c): -1- matter.
DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957): -0- matter
APPOINTMENT OF PUBLIC EMPLOYEE (Gov't. Code § 54957) —0- matter
CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957.6): -0-
matters
CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8): -1-
matters
1. Lease of City Owned Property (Price and Terms)
Real Property: City owned Golf Course ( "The Lakes ") located at Sepulveda
Boulevard (Assessor Parcel Number: 4138 - 014 -913).
City's Negotiator: Greg Carpenter, City Manager
Potential Lessee /Negotiating Party: Centercal Properties, Inc.
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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, AUGUST 6, 2013 - 7:00 P.M.
7:00 P.M. SESSION
CALL TO ORDER
INVOCATION — Lee Carlile, Pastor, Methodist Church
PLEDGE OF ALLEGIANCE — Mayor Pro Tern Jacobson
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PRESENTATIONS
(a) Commendation to El Segundo Police Officer Cory McEnroe and Canine
Partner Ty
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.
CITY COUNCIL COMMENTS — (Related to Public Communications)
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)
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) Supplemental Law Enforcement Services
Fund (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: $100,000.00 from COPS grant fund)
Recommendation — 1) Open Public Hearing to consider funding requests from
the Chief of Police; 2) Adopt Resolution approving the use of COPS grant funds
to purchase equipment related to supplementation of "front line law
enforcement." 3) Alternatively, discuss and take other action related to this item.
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2. Consideration and possible action to conduct a Public Hearing, consider
testimony, and adopt a Resolution finding that the City conforms with the
annual Congestion Management Program (CMP) and adopting the annual
CMP Local Development Report, in accordance with California Government
Code § 65089.
(Fiscal Impact: None)
Recommendation — 1) Open Public Hearing; 2) Discussion; 3) Adopt Resolution;
4) Alternatively, discuss and take other action related to this item.
C. UNFINISHED BUSINESS
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.
3. Warrant Numbers 2593533 - 2593753 on Register No. 20 in the total amount
of $791,984.85 and Wire Transfers from 7/0312013 through 7/18/2013 in the
total amount of $2,719,378.87.
Recommendation — Approve Warrant Demand Registers and authorize staff to
release. Ratify Payroll and Employee Benefit checks; checks released early due
to contracts or agreement; emergency disbursements and /or adjustments; and
wire transfers.
4. Special City Council Meeting Minutes of July 16, 2013 and Regular City
Council Meeting Minutes of July 16, 2013.
Recommendation — Approval.
5. Consideration and possible action to adopt a Resolution approving Plans
and Specifications for the On Call HVAC Maintenance Service. Project No.:
PW 13 -17.
Fiscal Impact: $60,000.00)
Recommendation — 1) Adopt attached resolution approving Plans and
Specifications for the On Call HVAC Maintenance and Repair Services; 2)
Alternatively, discuss and take other possible action related to this item.
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6. Consideration and possible action to authorize the City Manager to amend
the contract with Professional Building Maintenance for temporary
custodial services for up to one year and with expanded duties. Project
No.: PW 13 -13.
(Fiscal Impact: $159,130.00) _
Recommendation — 1) Authorize the City Manager to amend the contract with
Professional Building Maintenance, in a form approved by the City Attorney, for
temporary custodial services for up to one year and with expanded duties; 2)
Alternatively, discuss and take other possible action related to this item.
7. Consideration and possible action to adopt a Resolution approving
Specifications for the Elevated Water Tank Restoration Project. Project No.:
PW 13 -07.
(Fiscal Impact: $650,000.00)
Recommendation — 1) Adopt a Resolution approving specifications for the
Elevated Water Tank Restoration Project; 2) Alternatively, discuss and take other
possible action related to this item.
8. Consideration and possible action to authorize the City Manager to enter
into a License Agreement with the Los Angeles County to use and occupy
the El Segundo Beach Bathroom and Lifeguard Station Facility.
(_Fiscal Impact: $1.00 rental fee)
Recommendation — 1) Authorize the City Manager to enter into a License
Agreement with Los Angeles County, in a form approved by the City Attorney, to
use and occupy the El Segundo Beach Restroom and Lifeguard Facility; 2)
Alternatively, discuss and take other possible action related to this item.
9. Consideration and possible action to adopt Resolution authorizing the City
Manager to Execute a Joint Powers Agreement with the Western Riverside
Council of Governments ( "Authority ") to participate in the California Hero
Program; Authorizing the Authority to take action for including property
within the City's jurisdiction in the hero program; and authorizing the City
Manager, or designee, to execute such documents needed to implement
this resolution.
(Fiscal Impact: None)
Recommendation — 1) Adopt proposed Resolution; 2) Alternatively, discuss and
take other possible action related to this item.
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10. Consideration and possible action to authorize the City Manager to sign an
agreement with the City of Long Beach and the Los Angeles Area Fire
Chiefs' Association (LAAFCA) regarding the acceptance of a SMART
Classroom system including hardware, software, and equipment to be
installed at El Segundo Fire Station 2. The SMART Classroom is to be
funded by a $75,000 award in grant funding from the United States
Department of Homeland Security, through the Office of Grants and
Training, under fiscal year 2012 Urban Areas Security Initiative (UASI).
(Fiscal Impact: None)
Recommendation — 1) Authorize the City Manager to sign an agreement with the
City of Long Beach and the Los Angeles Area Fire Chiefs' Association (LAAFCA)
to establish a collaborative relationship with respect to the LAAFCA's Regional
Fire Departments SMART Classroom Project; 2) Alternatively, discuss and take
other possible action related to this item.
11. Consideration and possible action to accept donation of materials and
labor from Alex Kirby to enhance the grass area at Camp Eucalyptus for his
Boy Scout Eagle Project.
(Fiscal Impact: $200.00 for City improvements)
Recommendation — 1) Approve to accept donation of materials and labor from
Alex Kirby; 2) Adopt a Resolution that includes approval of the project's plan;
3) Authorize the City Manager to execute a contract with Alex Kirby's parent or
guardian in a form approved by the City Attorney; 4) Alternatively, discuss and
take other possible action related to this item.
12. Consideration and possible action regarding 1) Approval of a title change
from Management Analyst — Payroll to Management Analyst for the current
classification.
(Fiscal Impact: None)
Recommendation — 1) Approve the proposed title change; 2. Alternatively,
discuss and take other action related to this item.
13. Consideration and possible action regarding approval of a contract
amendment for Aerotek, Inc. for additional temporary staffing services in
the RSI Program for an administrative specialist and in the Public Works
Streets Division for street maintenance work.
(Fiscal Impact: $30,000.00)
Recommendation — 1) Authorize the City Manager to execute a contract
amendment, in a form approved by the City Attorney, with Aerotek, Inc. for
additional temporary staffing services; or 2) Alternatively, discuss and take other
action related to this item.
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F. NEW BUSINESS
14. Consideration and possible action regarding the presentation of fiscal year
2012 -13 third quarter Financial Review and presentation of the fiscal year
2013 -14 Preliminary Operating Budget.
(Fiscal Impact: None)
Recommendation — 1) Receive and file FY 2012 -13 Third Quarter Financial staff
report; 2) Receive and file FY 2013 -14 Preliminary Operating Budget. 3) Publish
announcements of the key budget dates: a) Public Hearing September 3, 2013,
7:00 p.m. b) Continued Public Hearing and Adoption September 17, 2013, 7:00
p.m.; 4) Alternatively, discuss and take other action related to this item.
15. Consideration and possible action to adopt policy changes to the City's
Residential Sound Insulation (RSI) Program.
(Fiscal Impact: None)
Recommendation — 1) Adopt policy changes detailed in this staff report; and /or
4) Alternatively, discuss and take other action related to this item.
G. REPORTS — CITY MANAGER
H. REPORTS — CITY ATTORNEY
I. REPORTS — CITY CLERK
J. REPORTS — CITY TREASURER
K. REPORTS — CITY COUNCIL MEMBERS
Council Member Fellhauer -
Council Member Atkinson —
Council Member Fuentes —
Mayor Pro Tern Jacobson —
E:j
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Mayor Fisher —
PUBLIC COMMUNICATIONS — (Related to City Business Only — 5 minute limit per
person, 30 minute limit total) Individuals who have receive value of $50 or more to communicate
to the City Council on behalf of another, and employees speaking on behalf of their employer, must so
identify themselves prior to addressing the City Council. Failure to do so shall be a misdemeanor and
punishable by a fine of $250. While all comments are welcome, the Brown Act does not allow Council to
take action on any item not on the agenda. The Council will respond to comments after Public
Communications is closed.
MEMORIALS —
CLOSED SESSION
The City Council may move into a closed session pursuant to applicable law, including the Brown Act
(Government Code Section §54960, et sue.) for the purposes of conferring with the City's Real Property
Negotiator; and /or conferring with the City Attorney on potential and /or existing litigation; and /or
discussing matters covered under Government Code Section §54957 (Personnel); and /or conferring with
the City's Labor Negotiators.
REPORT OF ACTION TAKEN IN CLOSED SESSION (if required)
ADJOURNMENT
POSTED:
DATE: 7-?>I-t3
TIME: 2"30P OA
NAME: "nv
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ommetibatton City Of et 6EQ'11100, catifornia
WHEREAS, Officer Cory McEnroe has been an El Segundo Police Officer since October of 2005.
After working several years in patrol, he was assigned to the canine program in June of
2009, and was paired up with his new partner: Ty. Canine Ty is a Belgium Malinois
and was born in the Netherlands. Following a rigorous five week basic handler course
in Riverside, CA, Cory and Ty were officially certified as a patrol canine team. In March
of 2011, Cory and Ty attended another intensive five week course in Riverside specific
to narcotic detection and certified in the detection of methamphetamines, heroin,
marijuana, cocaine, ecstasy and their derivatives;
WHEREAS, During Ty's career, he conducted approximately 160 narcotic searches, 58 searched for
violent felony suspects, nine evidence/ article searches and performed 15 canine
demonstrations for the community and schools in El Segundo. Ty was directly
responsible for the apprehension of five violent felony suspects and the seizure of
approximately $800,000 in U.S currency used to illicit a drug trade. Throughout Ty's
career, he located over a hundred pounds of the various drugs he was trained to detect.
One of Ty's notable cases included the "find" of a large marijuana grow where over a
thousand marijuana plants were seized;
WHEREAS, In addition to the narcotic and suspect searches Ty did for El Segundo Police
Department, he also assisted numerous other South Bay agencies and federal narcotics
task forces, including the FBI, Homeland Security, U.S. Customs, Los Angeles Airport
Police and various multi- agency narcotic teams;
WHEREAS, In June of 2013, Ty unfortunately suffered a life threatening and career ending medical
condition called Laryngeal Paralysis which deemed him unfit to continue work as a
police service canine. After many years of catching bad guys and seizing drugs, Ty was
officially retired from his police duties on June 23, 2013. Ty will spend the remainder of
his life retired at home with Cory and his family;
NOW, THEREFORE, on this 61'' day of August, 2013, the Mayor and Members of the City Council of
the City of El Segundo, California, hereby commend and thank Officer Cory McEnroe and Ty for their
dedicated and professional service to the El Segundo Police Department and the City of El Segundo.
Wayor Biff Fisher
Wayor Pro 7em Cadjaco6son Council MemberSuzanne Fuentes
CouncifWem6erDaveAtkinson CouncdWem6erVarie Eeffhauer
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EL SEGUNDO CITY COUNCIL MEETING DATE: August 6, 2013
AGENDA STATEMENT AGENDA HEADING: Special Orders of Business
AGENDA DESCRIPTION:
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) Supplemental Law Enforcement Services Fund (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)
RECOMMENDED COUNCIL ACTION:
1. Open Public Hearing to consider funding requests from the Chief of Police;
2. Adopt Resolution approving the use of COPS grant funds to purchase equipment
related to supplementation of "front line law enforcement."
3. Alternatively discuss and take other action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
Resolution
FISCAL IMPACT: Included in Adopted Budget
Amount Budgeted: $100,000
Additional Appropriation: N/A
Account Number(s): 120 - 400 - 0000 -3207
ORIGINATED BY: Brian Evanski, Captain .`
REVIEWED BY: Mitch Tavera, Chief of Police "0-1�
APPROVED BY: Greg Carpenter, City Manager,'
BACKGROUND AND DISCUSSION:
In 1996, the Legislature adopted Government Code §§ 30061 to 30064 to provide a block grant
for law enforcement purposes. This legislation, known as the Citizens Option for Public Safety
(COPS), requires a public hearing to consider the expenditure of funds.
Between December 2012 and April 2013, the City was awarded $100,000 in COPS grant funds.
All funds received under this grant must be utilized to supplement law enforcement activities and
cannot be used to supplant existing funding. In the past, the funds have been used for special
enforcement details and to purchase equipment directly used in "front line law enforcement"
including replacement handguns, less -than- lethal shotguns, tasers, and mobile data computers.
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It is anticipated that these monies will be utilized during the upcoming fiscal year to purchase
similar equipment and fund specialized enforcement plans. Proposed purchases of equipment or
use of these funds must be approved by Council. Staff recommends the following items for
approval by Council as possible utilizations to be made with the COPS grant funds.
1. Overtime funding for special enforcement details.
2. Fund updates /improvements to the Suburban Command Response and SWAT vehicles.
3. Purchase body worn or other audio /video digital recording equipment.
4. Purchase electronic tracking devices for use in criminal investigations.
5. Purchase covert personal recording devices.
6. Fund card reader security access system for the police facility.
7. Fund officer /investigative participation in the High Tech Forensics Task Force.
8. Purchase an electronic message board/speed survey trailer.
9. Purchase ballistic helmets for SWAT.
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RESOLUTION NO.
A RESOLUTION PROVIDING FOR THE IMPLEMENTATION OF
THE CITIZENS OPTION FOR PUBLIC SAFETY (COPS)
PROGRAM.
BE IT RESOLVED by the Council of the city of El Segundo as follows:
SECTION 1: The City Council finds as follows:
A. Senate Bill 823 (SB 823) (Poochigian — Local law enforcement funding) was
chaptered into law on April 6, 2002 for supplemental local law enforcement
funding pursuant to the bill;
B. SB 823 provides $100,000,000 statewide for the Citizens for Public Safety
(COPS) Program;
C. The County of Los Angeles has established a Supplemental Law Enforcement
Service Fund (SLESF) in accordance with Section 30061 of the Government
Code to receive SB 823 funds which have been allocated for use in Los Angeles
County;
D. The City of El Segundo participates in the COPS Program and receives its share
of any funds available for the purpose of ensuring public safety; and
E. The City has established its own Supplemental Law Enforcement Service Fund
(SLESF) in accordance with Section 30061 of the Government Code;
F. The City Council has conducted a public hearing to consider funding requests
from the Chief of Police and shall determine the submitted requests as required
by SB 823.
SECTION 2: The City Council directs that the City maintain its own Supplemental Law
Enforcement Service Fund (SLESF) as required pursuant to Government Code §§ 30061 and
30063.
SECTION 3. The City Council requests that the City's share of the funding be allocated to
SLESF for purposes of front -line law enforcement.
SECTION 4: 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 5: This Resolution will become effective immediately upon adoption and will remain
effective unless repealed or superseded.
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PASSED AND ADOPTED this day of .2013.
Bill Fisher,
Mayor
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES } SS
CITY OF EL SEGUNDO )
1, Tracy Weaver, City Clerk of the City of El Segundo, California, hereby certify that the whole
number of members of the City Council of the City is five; that the foregoing Resolution No.
was duly ,passed and adopted by said City Council, approved and signed by the
Mayor of said City, and attested to by the City Clerk of said City, all at a regular meeting of said
Council held on the Vh day of August, 2013, and the same was so passed and adopted by the
following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Tracy Weaver,
City Clerk
APPROVED AS TO FORM:
Mark D. Hensley, City Attorney
In
Karl H. Berger
Assistant City Attorney
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EL SEGUNDO CITY COUNCIL MEETING DATE: August 6, 2013
AGENDA STATEMENT AGENDA HEADING: Special Order of Business
AGENDA DESCRIPTION:
Consideration and possible action to open a Public Hearing, consider testimony, and adopt a
Resolution finding that the City conforms with the annual Congestion Management Program
(CMP) and adopting the annual CMP Local Development Report, in accordance with California
Government Code § 65089. (Fiscal Impact: None).
RECOMMENDED COUNCIL ACTION:
1. Open Public Hearing;
2. Discussion;
3. Adopt Resolution; and/or
4. Alternatively, discuss and take other possible related action to this item.
ATTACHED SUPPORTING DOCUMENTS:
1. Draft Resolution
2. 2013 Local Development Report
3. MTA Executive Management Committee Motion Regarding the CMP
FISCAL IMPACT: None
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
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ORIGINATED BY: Kimberly Christensen, AICP, Planning Manager f
REVIEWED BY: Sam Lee, Director Planning and Building. Safety
Oq
APPROVED BY. Greg Carpenter, City Manager,
BACKGROUND AND DISCUSSION:
I. Backeround
The Congestion Management Program (CMP) became effective with voter approval of
Proposition 111 in June 1990. The CMP is a tool to facilitate coordination between
transportation and land use decisions. It requires agencies to weigh the impacts of traffic
generated by developments and requires the mitigation of additional congestion. In accordance
with State law the Los Angeles County Metropolitan Transportation Authority (MTA) Board has
adopted the CMP for Los Angeles County. Cities within the County are required to comply with
the adopted CMP or risk the loss of Gas tax revenues received pursuant to Proposition 111. The
City received $412,836.56 of tax revenue last year.
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The Los Angeles County MTA requires that by September 1St of each year, local agencies submit
a self - certification Resolution and a Local Development Report pursuant to a noticed public
hearing as required by State law.
The self - certification Resolution consists of the following:
1. A finding that the City is in conformance with the CMP.
2. Certification that the City will continue to implement the Transportation Demand
Management Ordinance. (ESMC Chapter 15 -16).
3. Certification that the City will continue to implement a Land Use Analysis Program.
(City Council Resolution No. 3805).
4. 2013 Local Development Report.
In previous years, the CMP required the City to calculate the total debits and credits accruing
from building and demolition permits and transportation improvement strategies and to maintain
a positive credit balance. The City's credit balance as of May 31, 2003 was 6,642. On February
18, 2004, MTA suspended the requirement that cities maintain a positive credit balance and
suspended the requirement to calculate credits and debits resulting from construction activity and
transportation improvements strategies to explore the feasibility of implementing a "Congestion
Mitigation Fee" to meet local requirements of the CMP Deficiency Plan. The City's current
credit balance remains frozen until the MTA adopts the fee.
On October 28, 2010 the Metro Board adopted the 2010 CMP for Los Angeles County. The
2010 CMP summarizes the results of 18 years of CMP highway and transit monitoring and 15
years of monitoring local growth. CMP implementation guidelines for local jurisdictions are
also contained in the 2010 CMP.
Metro staff and their consultants have completed the sub - regional nexus study on the
"Congestion Mitigation Fee" for the MTA Board in May 2013. In June 2013, the MTA Board
approved a motion (see Exhibit 3), directing the CEO to work with the Sacramento legislative
delegation to conduct a hearing as to whether the CMP is still an appropriate and useful program.
The MTA Board directed the CEO to report back any State findings and legislative changes to
CMP statute, in consultation with the business and environmental communities, local
jurisdictions and the Southern California Association of Governments (SCAG), with a
recommendation on meeting CMP requirements no later than the February 2014 MTA Board
meeting.
The Congestion Mitigation Fee would be a one time fee applied to all types of new development.
If adopted by the LACMTA, locally adopted Congestion Mitigation Fee Programs that meet the
CMP compliance requirements would replace the currently suspended Debit - Credit
Methodology of the CMP Deficiency Plan. Cities that complied would retain their annual
Section 2105 gas tax revenue and would ensure their eligibility for the Metro Call- For - Projects
eligibility. El Segundo has a locally adopted traffic mitigation fee that is a one time fee applied
to new development. Planning and Public Works staff have been coordinating with LACMTA
staff to ensure the eligibility and CMP compliance of its existing traffic mitigation fees. The
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proposed program would: 1) require approval by MTA and local jurisdictions; 2) provide cities
credit for existing fee programs; and 3) delegate local control to each jurisdiction to collect fees
and control the revenue to implement projects while maintaining annual reporting to MTA.
The LACMTA Board of Directors anticipates completion of the annual CMP conformance
review and a final recommendation of approval for the "Congestion Mitigation Fee" at its
February 2014 Board meeting. Local implementation would follow with the adoption of the
"Congestion Mitigation Fee" by the LACMTA Board.
In odd - numbered years the City is required to submit traffic count data for one selected arterial
intersection (Sepulveda Boulevard/El Segundo Boulevard). In even - numbered years the City is
not required to submit traffic counts. This year the City is required to submit the traffic count
data and to report the number of new dwelling units permitted and the floor area of new non-
residential buildings and demolitions. The attached Local Development Report summarizes the
development activity for the June 1, 2012 to May 31, 2013 reporting year.
The development activity for this reporting year added 121,140 total square feet of non-
residential building area to the City. The two major commercial developments for this year's
reporting period were a new single -story 45,152 square -foot facility operated by the United
States Department of Agriculture (USDA), and a 25,308 square -foot office addition for Boeing.
New development this year in the Smoky Hollow Specific Plan added a total of 32,735 square
feet of office use area and 26,823 square feet of industrial use area. The residential projects for
this year included four net new multi - family residential dwelling units.
P:1PlanP:%Planning & Building Safetyl0 Planning - OId1CMP \CMP 1 2- 1 31201 30 8- 06.CMP CC Report doc
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RESOLUTION NO.
A RESOLUTION FINDING THE CITY TO BE IN COMPLIANCE WITH
THE CONGESTION MANAGEMENT PROGRAM (CMP) AND
ADOPTING THE LOCAL DEVELOPMENT REPORT IN ACCORDANCE
WITH CALIFORNIA GOVERNMENT CODE § 65089.
The City Council of the city of El Segundo does resolve as follows:
SECTION 1: The City Council finds that:
A. The Los Angeles County Metropolitan Transportation Authority ( "LACMTA "),
acting as the Congestion Management Agency for Los Angeles County, adopted
the 2004 Congestion Management Program ( "CMP ") on July 22, 2004;
B. As adopted, the CMP statute requires that LACMTA annually determine that Los
Angeles County and cities within the County conform with all CMP
requirements;
C. The CMP requires municipalities within Los Angeles County to submit Local
Development Reports to the LACMTA by September 1 of each year;
D. The City Council held a noticed public hearing on August 6, 2013 during which it
considered the evidence presented by staff and the public regarding how the City
has implemented measures designed to mitigate the impacts of traffic congestion
resulting from new development;
E. Based upon the August 6, 2013 public hearing, the City Council determined that:
1. The City has taken actions in conformance with all applicable
requirements of the 2010 CMP adopted by the LACMTA Board on
October 28, 2010;
2. By June 15 of odd - numbered years the City conducts annual traffic counts
and calculated levels of service for selected arterial intersections,
consistent with the requirements identified in the CMP Highway and
Roadway System Chapter;
3. The City adopted and continues to implement a transportation demand
management ordinance consistent with the minimum requirements
identified in the CMP Transportation Demand Management Chapter;
4. The City adopted and continues to implement a land use analysis program
consistent with the minimum requirements identified in the CMP Land
Use Analysis Program Chapter; and
5. The City adopted a Local Development Report, which is attached as
Exhibit "A," and incorporated by reference, consistent with the
1 18
requirements identified in the 2010 CMP. This report balances traffic
congestion impacts due to growth within the City with transportation
improvements, and demonstrates that the City meets its responsibilities
under the County -wide Deficiency Plan consistent with the LACMTA
Board adopted 2003 Short Range Transportation Plan.
SECTION 2: In accordance with its findings, the City Council determines that the City of El
Segundo is in compliance with all requirements of the CMP adopted by the LACMTA Board on
October 28, 2010.
SECTION 3: This Resolution will remain effective until superseded by a subsequent resolution.
SECTION 4: This Resolution will take effect immediately upon adoption.
PASSED AND ADOPTED this 6th day of August, 2013.
APPROVED AS TO FORM:
Mark D. Hensley, City Attorney
0
Karl H. Berger, Assistant City Attorney
Bill Fisher, Mayor
City of El Segundo
2 19
ATTEST:
STATE OF CALIFORNIA }
COUNTY OF LOS ANGELES } SS
CITY OF EL SEGUNDO ?
1, Tracy Weaver, City Cleric of the City of El Segundo, California, do hereby certify that the
whole number of members of the City Council of said City is five; that the foregoing Resolution
No. was dusty passed and adopted by said City Council, approved and signed by the
Mayor of said City, and attested to by the City Clerk of said City, all at a regular meeting of said
Council held on the 6th day of August 2013, and the same was so passed and adopted by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Tracy Weaver, City Clerk
20
CITY OF EL SEGUNDO Date Prepared: July 30, 2013
2013 CMP Local Development Report
Reporting Period: JUNE 1, 2012 - MAY 31, 2013
Contact: KIMBERLY CHRISTENSEN
Phone Number: (310) 524 -2340
CONGESTION MANAGEMENT PROGRAM
FOR LOS ANGELES COUNTY
* IMPORTANT: All "#value!" cells on this page are automatically calculated.
Please do not enter data in these cells.
DEVELOPMENT TOTALS
RESIDENTIAL DEVELOPMENT ACTIVITY
Single Family Residential
Multi - Family Residential
Group Quarters
COMMERCIAL DEVELOPMENT ACTIVITY
Commercial (less than 300,000 sq.ft.)
Commercial (300,000 sq.ft. or more)
Freestanding Eating & Drinking
NON - RETAIL DEVELOPMENT ACTIVITY
Lodging
Industrial
Office (less than 50,000 sq.ft.)
Office (50,000- 299,999 sq.ft.)
Office (300,000 sq.ft. or more)
Medical
Government
Institutional /Educational
University (# of students)
OTHER DEVELOPMENT ACTIVITY
ENTER IF APPLICABLE
ENTER IF APPLICABLE
EXEMPTED DEVELOPMENT TOTALS
Exempted Dwelling Units
Exempted Non - residential sq. ft. (in 1,000s
Dwelling Units
(1.00)
5.00
0.00
1,000 Net Sq.Ft.Z
2.80
0.00
0.00
1.000 Net Sa_Ft?
0.00
28.12
90.84
0.00
0.00
0.00
0.62)
0.00
0.00
Daily Trips
0.00
0.00
0
0
Page i
2. Net square feet is the difference between new development and adjustments entered on pages 2 and 3.
21
CITY OF EL SEGUNDO Date Prepared: July 30, 2013
2013 CMP Local Development Report
Reporting Period: JUNE 1, 2012 - MAY 31, 2013
Enter data for all cells labeled "Enter." If there are no data for that category, enter "0."
-- DEVELOPMENT
RESIDENTIAL DEVELOPMENT ACTIVITY
Category
Dwelling
Units
Single Family Residential
0.00
Multi-Family Residential
9.00
Group Quarters
0.00
COMMERCIAL DEVELOPMENT ACTIVITY
Category
1,000 Gross
Square Feet
Commercial less than 300,000 sq.ft.)
2.80
Commercial (300,000 sq.ft. or more)
OAO
Freestanding Eating & Drinking
0.00
NON - RETAIL DEVELOPMENT ACTIVITY
Category
1,000 Gross
Square Feet
Lodging
0.00
Industrial
28,12
Office less than 50,000 s .ft.
90.84
Office (50,000- 299,999 sq.ft.)
0.00
Office 300,000 sq.ft. or more
0.00
Medical
0.00
Government
0.08
Institutional /Educational
0.00
University (# of students)
0.00
OTHER DEVELOPMENT ACTIVITY
Description
(Attach additional sheets if necessary)
Daily Trips
(Enter "0" if none
ENTER IF APPLICABLE
0.00
ENTER IF APPLICABLE
0.00
Page 2
W
CITY OF EL SEGUNDO Date Prepared: July 30, 2013
2013 CMP Local Development Report
Reporting Period: JUNE 1, 2012 - MAY 31, 2013
Enter data for all cells labeled "Enter." If there are no data for that category, enter "0."
..- DEVELOPMENT ADJUSTMENTS
IMPORTANT: Adjustments may be claimed only for 1) development permits that were both
issued and revoked, expired or withdrawn during the reporting period, and 2) demolition of any
structure with the reporting period-
RESIDENTIAL DEVELOPMENT ADJUSTMENTS
Category
Dwelling
Units
Single Family Residential
1.00
Multi -Famil Residential
4.00
Group Quarters
0.00
COMMERCIAL DEVELOPMENT ACTIVITY
Category
1,000 Gross
Square Feet
Commercial less than 300,000 sq.ft.)
0.00
Commercial 300,000 sq.ft. or more)
0.00
Freestanding Eating & Drinking
0.00
NON- RETAIL DEVELOPMENT ACTIVITY
Category
1,000 Gross
Square Feet
Lodging
0.00
Industrial
0.00
Office less than 50,000 s .ft.
0.00
Office (50,000- 299,999 sq.ft.)
0.00
Office (300,000 sq.ft. or more)
0.00
Medical
0.00
Government
0.70
Institutional /Educational
0.00
University (# of students)
0.00
OTHER DEVELOPMENT ACTIVITY
Description
(Attach additional sheets if necessary)
Daily Trips
Enter "0" if none
ENTER IF APPLICABLE
0.00
ENTER IF APPLICABLE
0.00
Page 3
23
CITY OF EL SEGUNDO
Date Prepared: July 30, 2013
2013 CMP Local Development Report
Reporting Period: JUNE 1, 2012 - MAY 31, 2013
Enter data for all cells labeled "Enter." If there are no data for that sate o , enter "0."
PART DEVELOPMENT
(NOT INCLUDED IN NEW DEVELOPMENT ACTIVITY TOTALS)
Low/Very Low Income Housing
0
Dwelling Units
High Density Residential
0
Dwelling Units
Near Rail Stations
Mixed Use Developments
0
1,000 Gross Square Feet
Near Rail Stations
0
Dwelling Units
Development Agreements Entered
0
1,000 Gross Square Feet
into Prior to July 10, 1989
0
Dwelling Units
Reconstruction of Buildings
do
1,000 Gross Square Feet
Damaged due to "calamity"
Dwelling Units
Reconstruction of Buildings
0
1,000 Gross Square Feet
Damaged in Jan. 1994 Earthquake
0
Dwelling Units
Total Dwelling Units
0
Total Non - residential sq. ft. (in 1,000s)
0
Page 4
Exempted Develo ment Definitions:
1. Low/Very Low Income Housing: As defined by the California Department of Housing and Community
Development as follows:
- Low - Income: equal to or less than 80% of the County median income, with adjustments for family size.
- Very Low - Income: equal to or less than 50% of the County median income, with adjustments for family size.
2. High Density Residential Near Rail Stations: Development located within 1/4 mile of a fixed rail passenger
station and that is equal to or greater than 120 percent of the maximum residential density allowed under
the local general plan and zoning ordinance. A project providing a minimum of 75 dwelling units per acre
is automatically considered high density.
3. Mixed Uses Near Rail Stations: Mixed -use development located within 1/4 mile of a fixed rail passenger
station, if more than half of the land area, or floor area, of the mixed use development is used for high
density residential housing.
4. Development Agreements: Projects that entered into a development agreement (as specified under Section
65864 of the California Government Code) with a local jurisdiction prior to July 10, 1989.
5. Reconstruction or replacement of any residential or non - residential structure which is damaged or destroyed,
to the extent of > or = to 50% of its reasonable value, by fire, flood, earthquake or other similar calamity.
6. Any project of a federal, state or county agency that is exempt from local jurisdiction zoning regulations and
where the local jurisdiction is precluded from exercising any approval /disapproval authority. These locally
precluded projects do not have to be reported in the LDR.
24
']1
MOTION BY
DIRECTOR RICHARD KATZ
MTA Executive Management Committee
June 20, 2013
Congestion Mitigation Program
The Congestion Management Program (CMP) was enacted in 1990 as a
companion to the increase in the State gas tax, enacted by voters through their
approval of Proposition 111 and Proposition 108.
The Los Angeles County Metropolitan Transportation Authority (MTA) is the
designated Congestion Management Agency, as authorized by State statute to
develop a Congestion Management Program for Los Angeles County, which is
required to allow State gas tax funds to flow to local jurisdictions.
The Los Angeles County CMP is also used by the Southern California
Association of Governments to meet federal Congestion Management System
requirements for the region, necessary for federal transportation funding
approval.
The CMP statute also requires local jurisdictions to monitor CMP arterial and
transit networks, to implement TDM and land use ordinances, and mitigate the
impact of land use decisions through a Deficiency Plan.
While the Los Angeles CMP includes various performance standards including
highway levels of service, transit through -put, person miles traveled for the
existing "debit- credit" Deficiency Plan and Annual Vehicle Hours of Delay for the
Congestion Mitigation Fee Nexus Studies, the statutory Deficiency Plan
mitigation requirements are triggered by not attaining highway level of service
standards on the CMP system.
The MTA Board of Directors in 2003 directed staff to consider the feasibility of
implementing a Congestion Mitigation Fee to meet local mitigation
responsibilities of the Deficiency Plan to replace the current "debit- credit"
approach.
CONTINUED
1
25
It's MTA's responsibility to verify compliance with the CMP each February.
MTA certified the county and all local jurisdictions as being in compliance with
the CMP on February 28, 2013.
Much has changed since 1990 in the interrelationship between land use and
transportation, with performance metrics, and, significantly, with regard to
transportation funding, such as:
• The adoption of AB 32 greenhouse gas requirements and SB 375 regional
Sustainable Community Strategies requirements.
• Opportunities for additional transportation resources through state Cap and
Trade auction proceeds.
0 Opportunities to incentivize transit oriented development.
• Consideration of new performance measures currently under study for
MAP -21.
• The adoption of Proposition A, Proposition C, and Measure R which have
created significant transportation investments in Los Angeles County.
All these changes raise the question as to how helpful, relevant, and consistent
the 1990 CMP statute is with 21St Century programs like AB 32, SB 375, and
America Fast Forward.
1. 1 THEREFORE MOVE THAT the MTA Board of Directors direct the CEO to
work with our Sacramento delegation to investigate, hold hearings and
ascertain whether, in light of the above, the CMP is still an appropriate,
useful and consistent tool aligned with our state and regional objectives.
2. 1 FURTHER MOVE to direct the CEO to report to the Board regarding any
State findings and legislative changes to CMP statute, and in consultation
with the business and environmental communities, local jurisdictions and
the Southern California Association of Governments, return to the Board
with a recommendation on meeting CMP requirements no later than the
February 2014 Board meeting, when the Board must determine local
jurisdiction conformity with CMP statute.
2
26
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27
CITY OF EL SEGUNDO
PAYMENTS BY WIRE TRANSFER
7/03/13 THROUGH 7/18/13
Date
Payee
Amount
Description
7/3/2013
State of CA EFT
3,885.00
EFT Child support payment
7/3/2013
Health Comp
1,040.66
Weekly claims
7/5/2013
Nationwide NRS EFT
1,842.82
EFT 401a payment
7/5/2013
Nationwide NRS EFT
38,819.40
EFT 457 payment
7/5/2013
Manufacturers & Traders
617.31
IRA payment Vantagepoint
7/5/2013
Manufacturers & Traders
5,855.50
401 payment Vantagepoint
7/5/2013
Manufacturers & Traders
24,539.67
457 payment Vantagepoint
7/5/2013
US Bank - Trust Acct
6,492.56
PARS payment
7/5/2013
South Bay Credit Union
14,570.38
Payroll credit union deduction pmt
7/5/2013
Cal Pers
456,942.41
EFT Health Payment
719/2013
Health Comp
2,328.82
Weekly claims
7/9/2013
Cal Pers
98,560.60
EFT Retirement Misc
7/9/2013
Cal Pers
235,567.08
EFT Retirement Safety
7/9/2013
Cal Pers
1,919.88
EFT Retirement Misc Adj
7/9/2013
West Basin
1,431,974.50
H2O payment
7/10/2013
Lane Donovan Golf Ptr
21,908.23
Payroll Transfer
7/11/2013
Pitney Bowes
10,000.00
City Hall Postage
7/18/2013
Employment Development
50,365.50
State Taxes
7/3/2013
Employment Development
3,860.25
State Taxes
7/3/2013
IRS
238,011.67
Federal Taxes
7/3/2013
Health Comp
1,040.66
Weekly claims
7/3- 7/18/13
Workers Comp Activity
69,235.97
SCRMA checks issued
2, 719, 378.87
DATE OF RATIFICATION: 08/06/13
TOTAL PAYMENTS BY WIRE:
2,719,378.87
Certified as to the accuracy of the wire transfers by:
Cifyfreasurer Date
Director of Finance
City Manag
t2-dl-)-
'!',f7/3
Date •�-
Information on actual expenditures is available in the City Treasurer's Office of the City of El Segundo.
28
P: \City Treasurer \Wire Transfers\2013 \3rd Qtr 2013 \Wire Transfers 7 -18 -13
SPECIAL MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, JULY 16, 2013 — 4:00 PM
CALL TO ORDER — Mayor Fisher at 4:03 PM
PLEDGE OF ALLIGIANCE — Mayor Pro Tern Jacobson
ROLL CALL
Mayor Fisher -
Present
Mayor Pro Tern Jacobson -
Present
Council Member Fuentes -
Present
Council Member Atkinson -
Present
Council Member Fellhauer -
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.
SPECIAL MATTERS: -1- MATTER
Interview candidates and potential appointments to the Planning Commission,
Library Board of Trustees and Senior Citizen Housing Corporation Board. (Note:
the interviews will commence at approximately 4:00 PM and take place in the West
Conference Room in City Hall).
Council consensus to appoint John Nilsey to the Planning Commission for a four term
expiring June 30, 2017, Kevin Smith and Jennifer Martin to the Library Board of Trustees
for a four year term expiring June 30, 2017 and Terry Aikens and James Latta to the
Senior Citizen Housing Corporation Board for a four year term expiring June 30, 2013.
ADJOURNMENT at 5:22 PM
Tracy Weaver, City Clerk
CM
MINUTES OF THE SPECIAL CITY COUNCIL MEETING
July 16, 2013
PAGE NO. 1
29
REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, July 16 2013 — 5:00 PM
5:00 P.M. SESSION
CALL TO ORDER — Mayor Fisher at 5:23 PM
ROLL CALL
Mayor Fisher -
Present
Mayor Pro Tern Jacobson -
Present
Council Member Fuentes -
Present
Council Member Atkinson -
Present
Council Member Fellhauer -
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.
Mayor Fisher announced that Council would be meeting in closed session pursuant of
the items listed on the agenda.
SPECIAL ORDER OF BUSINESS:
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(d) (3) -2- matter
1. City of El Segundo vs. City of Los Angeles, et.al. LASC Case No. BS094279
2. City of Los Angeles vs. Pacific Bell Telephone Company, et al., LASC Case No.
BC414272
CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to Government Code §54956.9(d) (2) and (3):
-0- matter.
MINUTES OF THE REGULAR CITY COUNCIL MEETING
July 16, 2013
PAGE NO. 1
30
Initiation of litigation pursuant to Government Code §54956.9(c): -0- matter.
DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957): -0- matter
APPOINTMENT OF PUBLIC EMPLOYEE (Gov't. Code § 54957) —0- matter
CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957.6): -0-
matters
CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8): -1-
matters
1. Lease of City Owned Property (Price and Terms)
Real Property: City owned Golf Course ( "The Lakes ") located at Sepulveda
Boulevard (Assessor Parcel Number: 4138 - 014 -910 & 4138 - 014 -913).
City's Negotiator: Greg Carpenter, City Manager
Potential Lessee /Negotiating Party: Centercal Properties, Inc.
Recessed at 6:50 PM
MINUTES OF THE REGULAR CITY COUNCIL MEETING
July 16, 2013
PAGE NO. 2
31
REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, July 16, 2013 - 7:00 P.M.
7:00 P.M. SESSION
CALL TO ORDER — Mayor Fisher at 7:01 PM
INVOCATION —Wes Harding, Associate Pastor, The Bridge
PLEDGE OF ALLEGIANCE — Boy Scout Troop 762
PRESENTATIONS —
a) John Parsons, Business Services and Economic Development Manager, from
the South Bay Workforce Investment Board gave a presentation.
ROLL CALL
Mayor Fisher -
Present
Mayor Pro Tern Jacobson -
Present
Council Member Fuentes -
Present
Council Member Atkinson -
Present
Council Member Fellhauer -
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.
Len Bonilla, ES Rotary, thanked the City of El Segundo for their continued support of
Movie in the Park. Mr. Bonilla invited everyone to this year's Movie in the Park on
Saturday, August 3, 2013 from 4:00 PM to 10:30 PM at Chevron Park.
Mike Robbins, resident, spoke concerning opposition to Resolutions on the Consent
Agenda, item #8 and #10. Encouraged the Council to vote no on these resolutions.
Linda Cohen, El Segundo Concert Band, gave a brief presentation of upcoming events
in the El Segundo High School Quad.
Sam Pena, Consolidated Disposal, spoke concerning the 2nd Shred Event held last
weekend.
Scott Gobble, SCE, urged the residents to use less power during Flex Alert times. New
reporting for street light outages on the SCE web site, as well as an iPhone free app to
report a street light out.
MINUTES OF THE REGULAR CITY COUNCIL MEETING
July 16, 2013
PAGE NO. 3
32
CITY COUNCIL COMMENTS — (Related to Public Communications)
A. PROCEDURAL MOTIONS
Consideration of a motion to read all ordinances and resolutions on the Agenda
by title only.
MOTION by Mayor Pro Tern Jacobson, SECONDED by Council Member Fuentes to
read all ordinances and resolutions on the agenda by title only. MOTION PASSED BY
UNANIMOUS VOICE VOTE. 5/0
B. SPECIAL ORDERS OF BUSINESS (PUBLIC HEARING)
C. UNFINISHED BUSINESS
D. REPORTS OF COMMITTEES, COMMISSIONS AND BOARDS
Consideration and possible action to announce the appointments to the Planning
Commission, Library Board of Trustees and Senior Citizen Housing Corporation
Board.
(Fiscal Impact: None)
Mayor Fisher announced the appointment of John Nisley to the Planning Commission
for a four year term to expire June 30, 2017, Kevin Smith and Jennifer Martin to the
Library Board of Trustees for a four year term to expire June 30, 2017 and Terry Aikens
and Jim Latta to the Senior Citizen Housing Corporation Board for a four year term to
expire June 30, 2013.
E. CONSENT AGENDA
All items listed are to be adopted by one motion without discussion and passed
unanimously. If a call for discussion of an item is made, the item(s) will be considered
individually under the next heading of business.
2. Approved Warrant Numbers 2593081 - 2593328 on Register No. 18 in the total
amount of $653,440.77 and Wire Transfers from 6/7/2013 through 6/20/2013 in
the total amount of $2,217,443.54 and approved Warrant Numbers 2593329 —
2593532 on Register No. 19 in the total amount of $1,121,589.50 and Wire
Transfers from 6/20/2013 through 7/03/2013 in the total amount of $777,279.37.
Authorize staff to release. Ratified Payroll and Employee Benefit checks; checks
released early due to contracts or agreement; emergency disbursements and /or
adjustments; and wire transfers.
3. Approved the Special City Council Meeting Minutes of June 12, 2013, Special
City Council Meeting Minutes of June 18, 2013, Regular City Council Meeting
Minutes of June 18, 2013 and Special City Council Minutes of June 27, 2013.
MINUTES OF THE REGULAR CITY COUNCIL MEETING
July 16, 2013
PAGE NO.4
33
4. Waived the bidding process per El Segundo Municipal Code §1 -7 -10 and
authorized the purchase of two (2) Holmatro Rescue Equipment systems from
Fire Service Specification & Supply.
(Fiscal Impact: $57,824.50)
5. Authorized the City Manager to approve additional payment in the amount of
$5,047.28 to Rojas Construction for the City's FY 2011 -2012 Annual Sidewalk,
Curb and Gutter Repair /Replacement Project, authorized the transfer of
$5,047.28 from General Fund Account 001 - 400 - 4202 -6209 (Street Maintenance)
to Account 106 - 400 - 8206 -8604 (Gas Tax) and authorized the City Clerk to file a
Notice of Completion in the County Recorder's Office. Project No.: PW 12 -03
(Fiscal Impact: $105,047.28)
6. Approved the El Segundo Senior Housing Corporation 2013 Annual Budget for
the Park Vista Apartments located at 615 East Holly Street.
(Fiscal Impact: None)
7. PULLED BY COUNCIL MEMBER ATKINSON
8. PULLED BY MAYOR PRO TEM JACOBSON
9. Approved the changes to the Class Specifications for Recreation Coordinator
and Recreation Supervisor and approved the proposed Examination Plans for
Recreation Coordinator and Recreation Supervisor.
(Fiscal Impact: None)
10. PULLED BY COUNCIL MEMBER FUENTES
11. Authorized the City Manager to execute a five -year Public Works Maintenance
Contract No. 4451 in a form approved by the City Attorney to Flo- Systems, Inc.
for an annual amount of $90,000.00 for five years for Pump Stations
Maintenance and On -Call Repair Services. Project No.; PW13 -12.
(Fiscal Impact: $90,000.00 annually for five years)
12. Authorized the City Clerk to file the City's Planning and Building Safety Director's
Notice of Completion and authorized the City Manager, or designee, to accept
completion of work for 30 homes related to the City's Residential Sound
Insulation Program's Group 45 (Project No. RSI 12 -04).
(Fiscal Impact: $1,402,808.90, less liquidated damages)
MINUTES OF THE REGULAR CITY COUNCIL MEETING
July 16, 2013
PAGE NO. 5
34
12A. Adopted Resolution No. 4828 finding that an emergency existed and waived
bidding requirements pursuant to Public Contracts Code §§ 20168 and 22050
and authorized the City Manager to execute a standard Public Works Contract
No. 4452 with John E. Phillips Plumbing and Heating, Inc. in a form approved by
the City Attorney to replace sewer conduit within the Park Vista Senior Housing
Center.
(Fiscal Impact: $11,750.00)
MOTION by Council Member Fellhauer, SECONDED by Council Member Atkinson to
approve Consent Agenda items 2, 3, 4, 5, 6, 9, 11, 12 and 12A. MOTION PASSED BY
UNANIMOUS VOICE VOTE. 5/0
PULLED ITEMS:
7. Consideration and possible action regarding a request from El Segundo Girl's
Softball to waive the $25 per hour field rental fee associated with a field
reservation that took place on Wednesday, June 26, 2013, featuring the
Australian U19 National Softball Team at the Recreation Park Softball Field.
(Fiscal Impact: $200.00)
MOTION by Council Member Fellhauer, SECONDED by Mayor Fisher to waive the $25
per hour field rental fee charged when the Australian U19 National Softball Team used
the field on June 26, 2013. MOTION PASSED BY A VOICE VOTE. 4/1
Ayes: Fisher, Fuentes, Fellhauer, Jacobson. No: Atkinson
8. Consideration and possible action to adopt a Resolution establishing policies
regarding use of City cable broadcast facilities for the production and broadcast
of local election candidate statements, statements regarding local ballot
measures and third -party sponsored debates /forums.
(Fiscal Impact: None for FY 12/13; $1600.00 estimated per election year)
Dan O'Toole gave a brief presentation.
Council Discussion
MOTION by Mayor Pro Tern Jacobson, SECONDED by Council Member Atkinson to
create a short term subcommittee with Mayor Pro Tern Jacobson, Council Member
Fuentes and staff to review the proposed Resolution establishing policies regarding use
of City cable broadcast facilities for the production and broadcast of local ballot
measures and third -party sponsored debates /forums. MOTION PASSED BY
UNANIMOUS VOICE VOTE. 5/0
MINUTES OF THE REGULAR CITY COUNCIL MEETING
July 16, 2013
PAGE NO. 6
35
10. Consideration and possible action regarding adopting a resolution in support of a
grant application submitted by the City of Santa Monica, as the lead agency, to
the California Coastal Commission to research trends and impacts of sea level
rise in Southern California.
(Fiscal Impact: None)
Stephanie Katsouleas, Public Works Director, gave a brief presentation.
Council Discussion
MOTION by Council Member Fuentes, SECONDED by Council Member Atkinson to
adopt Resolution No 4829 in support of a grant application submitted by the City of
Santa Monica, as the lead agency, to the California Coastal Commission to research
trends and impacts of sea level rise in Southern California. MOTION PASSED BY
UNANIMOUS VOICE VOTE. 5/0
F. NEW BUSINESS
13. Consideration and possible action regarding the purchase and installation of
bicycle racks throughout the Downtown corridor.
(Fiscal Impact: Not to exceed $9,723.00 from TDA Article 3 Fund)
Meredith Petit, Recreation Supervisor, gave a brief presentation.
Council Discussion
MOTION by Council Member Fuentes, SECONDED by Council Member Atkinson to
receive and file report regarding the purchase and installation of bicycle racks
throughout the Downtown corridor.
14. Consideration and possible action regarding the history of property tax for the
City of El Segundo.
(Fiscal Impact: None)
Greg Carpenter, City Manager, gave a brief presentation.
Council Discussion and consensus to move forward to begin discussion with Los
Angeles County.
Received and filed report regarding the history of property tax for the City of El
Segundo.
G. REPORTS — CITY MANAGER — Gave a Plunge update and thanked the staff
that was involved in getting the Plunge up and running again.
H. REPORTS — CITY ATTORNEY - None
MINUTES OF THE REGULAR CITY COUNCIL MEETING
July 16, 2013
PAGE NO. 7
36
REPORTS — CITY CLERK - None
J. REPORTS — CITY TREASURER - None
K. REPORTS — CITY COUNCIL MEMBERS
Council Member Fellhauer —Thanked Chevron and all staff involved in the Fourth of
July Celebration for a successful event. Attended Independent Cities Association
Summer Conference in San Diego. Stephanie Katsouleas, Public Works Director, was
a speaker at the Conference. Fellhauer publicly recognized Stephanie for being on the
panel concerning the state mandated Storm Water requirements.
Council Member Atkinson — Thanked all involved in the Fourth of July Celebration for a
successful event. Invited everyone to the Concert in the Park event at Library Park on
July 21, 2013.
Council Member Fuentes — Attended the State of the State address with Senator Ted
Lieu, Relay for Life, the recent Chamber Mixer held at Chevron, thanked Stephanie
Katsouleas for her work on the Maple Street project that was spoke about at the last
COG meeting and congratulated her nephew on his graduation from Basic training for
the Navy.
Mayor Pro Tern Jacobson — Attended the Fourth of July event, thanked Chevron for
their donation for the event and attended the tour of the Sand District.
Mayor Fisher — Attended Relay for Life, spoke concerning the Strategic Planning
session held on June 27, 2013. Encouraged all to watch the video that is archived on
the El Segundo web site. Thanked the Recreation and Parks department, along with
Chevron for a successful Fourth of July event. Attended Concert in the Park on July 7
and invited everyone to attend the next concert on July 21 at Library Park. Mayor Fisher
also attended the State of the State address with Senator Ted Lieu.
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.
Mike Robbins, resident, spoke concerning Prop 13, property taxes and the cities
financial problems.
MINUTES OF THE REGULAR CITY COUNCIL MEETING
July 16, 2013
PAGE NO. 8
37
MEMORIALS 7. -t ►
CLO SESSION - Not-l", e-,
ADJOURN MENT -at 9:104, PM'
Tracy Weaver, City Clerk
MI NOTES OF T11F. FTWtAR 'qITY QQIJNQL MIEE "INN
July 16, 2013
PAGE NO, 9
go
EL SEGUNDO CITY COUNCIL MEETING DATE: August 6, 2013
AGENDA STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action to adopt a Resolution approving Plans and
Specifications for On Call HVAC Maintenance and Repair Services. Project No. PW 13-
17 (Fiscal Impact: $60,000.00)
[:i ITK� a 1]' ►i i11►1D�ZK�111►[�J 11_I��[�h�
1. Adopt attached resolution approving Plans and Specifications for On Call HVAC
Maintenance and Repair Services.
2. Alternatively, discuss and take other possible action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
Resolution
FISCAL IMPACT: Within Adopted Budget
Amount Budgeted: $60,000.00
Additional Appropriation: No
Account Number(s): 001 - 400 - 2601 -6206 (Contractual Services)
ORIGINATED BY: Floriza Rivera, Principal ingin �
REVIEWED BY: Stephanie Katsouleas, Public Works Director
APPROVED BY: Greg Carpenter, City Manager
BACKGROUND AND DISCUSSION:
The Public Works Building Maintenance Division is responsible for maintaining the HVAC
equipment that maintains heating and cooling for all of the City's public buildings, including
City Hall, the Police Station, two Fire Stations, the Library, Maintenance Yard, Water Yard, and
several parks facilities. This work is specialized and beyond City personnel expertise, so the City
has historically contracted with a vendor to perform routine maintenance of our HVAC units and
to conduct repairs when needed. The most recent contract with Johnson Controls expired last
year, and thus new public works bidding is required.
To facilitate and reduce the amount of response time for necessary maintenance and repairs, staff
recommends that the project be bid for a five -year term to retain a qualified contractor for both
routine service and on -call, as needed, repairs. Staff therefore recommends that City Council
adopt the plans and specifications and the attached resolution, and authorize the project for
receipt of construction bids.
5
W
RESOLUTION NO.
A RESOLUTION APPROVING THE DESIGN AND PLANS FOR THE
ON -CALL SERVICES FOR HVAC MAINTENANCE SERVICES
CONTRACT. PURSUANT TO GOVERNMENT CODE SECTION 830.6
AND ESTABLISHING A PROJECT PAYMENT ACCOUNT.
The City Council of the City of El Segundo does resolve as follows:
SECTION 1: The City Council finds and declares as follows:
A. The City Engineer prepared specifications and plans requesting On -Call
Services for Heating, Ventilation, and Air Conditioning System (HVAC)
Maintenance Services Contract (the "Project "). These plans are complete.
Bidding for construction of the Project may begin;
B. The City Council wishes to obtain the immunities set forth in Government
Code § 830.6 with regard to the plans and construction of the Project.
SECTION 2: Design Immunity, Authorization.
A. The design and plans for the Project are determined to be consistent with
the City's standards and are approved.
B. The design approval set forth in this Resolution occurred before actual
work on the Project construction commenced.
C. The approval granted by this Resolution conforms with the City's General
Plan.
D. The City Engineer, or designee, is authorized to act on the City's behalf in
approving any alterations or modifications of the design and plans
approved by this Resolution.
E. The approval and authorization granted by this Resolution is intended to
avail the City of the immunities set forth in Government Code § 830.6.
SECTION 3: Project Payment Account. For purposes of the Contract Documents
administering the Project, the City Council directs the City Manager, or designee, to
establish a fund containing sufficient monies from the current fiscal year budget to pay
for the Project ( "Project Payment Account ") following receipt of construction bids. The
Project Payment Account will be the sole source of funds available for the Contract
Sum, as defined in the Contract Document administering the Project.
SECTION 4: The City Clerk is directed to certify the adoption of this Resolution.
SECTION 5: This Resolution will become effective immediately upon adoption.
Page 1 of 2 40
PASSED AND ADOPTED this day of 20
ATTEST:
Tracy Weaver, City Clerk
APPROVED AS TO FORM:
MARK D. HENSLEY, City Attorney
Bill Fisher, Mayor
Karl H. Berger, Assistant City Attorney
Page 2 of 2 41
EL SEGUNDO CITY COUNCIL MEETING DATE: August 6, 2013
AGENDA STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action to authorize the City Manager to amend the contract
with Professional Building Maintenance for temporary custodial services for up to one
year and with expanded duties. Project No.: PW 13 -13 (Fiscal Impact: $159,130.00)
I *a 0030 1►51 pool 1304IZKe OWN) 1Rx6j"[eW
1. Authorize the City Manager to amend the contract with Professional Building
Maintennace, in a form approved by the City Attorney, for temporary custodial
services for up to one year and with expanded duties.
2. Alternatively, discuss and take other possible action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
None.
FISCAL IMPACT: $159,130.00 for this contract amendment
Amount Budgeted: $144,300 in FY 2012 -13 and $154,980 planned in FY 2013 -14
Additional Appropriation: None at this time
Account Number(s): 001 - 400 - 2601 -6206 (Government Buildings: Contract
Services)
ORIGINATED BY: Floriza Rivera, Principal hnginee
REVIEWED BY: Stephanie Katsouleas, Public Works Director
APPROVED BY: Greg Carpenter, City Manager
BACKGROUND AND DISCUSSION:
On July 20, 2012, the City entered into an emergency maintenance agreement with Professional
Building Maintenance (PBM) in the amount of $22,970.00 for temporary custodial maintenance
at all applicable City facilities. The agreement period covers two months, with two 2 -month
options to extend. The original 2 -month duration of the contract was used to expedite bringing
PBM on board due to the sudden termination of the previous contractor for performance reasons.
Staff is continuing to evaluate the quality and reliability of PBM and would like additional time
to complete its review before recommending a permanent, long term, award to this custodial
company. Thus we are recommending a one -year extension to the contract term.
Additionally, now that the new lifeguard station and its amenities are open to the pubic, this
facility must be added to the buildings being serviced by PBM. Staff anticipates that during the
peak season summer months (May — September), the custodians will need to clean the beach
6
42
restrooms three (3) times per day, and reducing to two (2) times per day during non -peak months
(October — April)
The original custodial budget for FY 2012 -13 was $144,300, which fully covers the $22,970
required for PBM's emergency contract budget for two months as well as the expected additional
$4,150 needed for custodial services to close out FY 2012 -13. The FY 2013 -14 proposed budget
will include $154,980 for custodial services, which will cover the contract extension sought in
this staff report for PBM's custodial services through next year.
City staff recommends that Council grant the City Manager authority to amend the temporary
contract, in a form approved by the City Attorney, through September 30, 2014 (one additional
year) and increase the contract budget by an additional $159,130 to cover the remainder of
FY 2012 -13 and all of FY 2013 -14. Assuming PBM's services are of high quality and
reliability, staff will return to Council during the FY 2014 -15 budget process with a
recommendation to extend the contract terms for five years and adjust the annual budget
accordingly.
43
EL SEGUNDO CITY COUNCIL MEETING DATE: August 6, 2013
AGENDA STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action to adopt a Resolution approving plans and
Specifications for the Elevated Water Tank Restoration Project. Project No. PW 13 -07
(Fiscal Impact: estimated to be $650,000)
RECOMMENDED COUNCIL ACTION:
1. Adopt a Resolution approving plans and specifications for the Elevated Water Tank
Restoration Project.
2. Alternatively, discuss and take other possible action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
Resolution
FISCAL IMPACT: Additional Appropriation Needed
Amount Budgeted: $240,000 in the FY 2010 -11 CIPAC Report
Additional Appropriation: Yes. $Amount To Be Determined from Bid Results
Account Number(s): Water Enterprise Fund: To be Assigned
ORIGINATED BY: Lifan Xu, Principal Engineer I ,
REVIEWED BY: Stephanie Katsouleas, Public Works Director
APPROVED BY: Greg Carpenter, City Manager,
BACKGROUND AND DISCUSSION:
In March, 2010, Superior Tank Solutions, Inc. conducted a washout and visual conditional
assessment on the 200,000 gallon Elevated Water Tank located in the Water Maintenance Yard
at 400 Lomita Street. The purpose of the assessment was to determine the condition of the
interior and exterior coating systems along with the extent of corrosion and severity of
degradation. The Conditional Assessment Report found the Elevated Tank to be in fair to poor
condition, the interior and exterior coating system near its end of useful service life, and
localized corrosion present on defected areas. The Report recommends re- painting and re-
coating the tank's exterior and interior, and repairing the tank's ladders, vents, risers, overflow
pipe and various mechanical components.
Staff developed plans and specifications in accordance of the assessment report. Staff
recommends that City Council adopt the attached resolution and plans and specifications for the
Elevated Water Tank Restoration Project and authorize staff to advertise the project for receipt of
construction bids. Staff estimates the following timeline to complete the project:
August, 2013 Advertise the Project
September, 2013 City Council Awards Project
�4
October, 2013 Start Construction
February, 2014 Complete Construction
During the FY 2010 -11 CIPAC (Capital Improvement Program Advisory Committee) process,
the Committee recommended and City Council approved $240,000 in funding for this elevated .
tank restoration project. However, the current budget estimate for construction, including
allocating funds for contingency and inspection services, is $650,000, which is significantly
higher than that reserved three years ago. Therefore staff will wait until actual construction bids
are received and verified before requesting the full budget necessary to complete the project.
45
RESOLUTION NO.
A RESOLUTION APPROVING THE PLANS AND SPECIFICATIONS
FOR ELEVATED TANK RESTORATION, PROJECT NO. PW13 -07.
PURSUANT TO GOVERNMENT CODE SECTION 830.6 AND
ESTABLISHING A PROJECT PAYMENT ACCOUNT.
The City Council of the City of El Segundo does resolve as follows:
SECTION 1: The City Council finds and declares as follows:
A. The City Engineer prepared plans and specifications for Elevated Tank
Restoration, Project NO. PW13 -07 (the "Project "). These plans and specifications
are complete. Construction of the Project may begin;
B. The City Council wishes to obtain the immunities set forth in Government Code §
830.6 with regard to the plans and construction of the Project.
SECTION 2: Design Immunity; Authorization.
A. The design plans and specifications for the Project are determined to be consistent
with the City's standards and are approved.
B. The design approval set forth in this Resolution occurred before actual work on
the Project construction commenced.
C. The approval granted by this Resolution conforms with the City's General Plan.
D. The City Engineer, or designee, is authorized to act on the City's behalf in
approving any alterations or modifications of the design and plans approved by
this Resolution.
E. The approval and authorization granted by this Resolution is intended to avail the
City of the immunities set forth in Government Code § 830.6.
SECTION 3; Project Payment Account. For purposes of the Contract Documents administering
the Project, the City Council directs the City Manager, or designee, to establish a fund containing
sufficient monies from the current fiscal year budget to pay for the Project ( "Project Payment
Account "). The Project Payment Account is the sole source of funds available for the Contract
Sum, as defined in the Contract Document administering the Project.
SECTION 4: The City Clerk is directed to certify the adoption of this Resolution.
SECTION 5: This Resolution will become effective immediately upon adoption.
PASSED AND ADOPTED this day of 20
Page 1 of 2 46
ATTEST:
Tracy Weaver, City Clerk
APPROVED AS TO FORM:
MARK D. HENSLEY, City Attorney
Bill Fisher, Mayor
Karl H. Berger, Assistant City Attorney
Page 2 of 2 47
EL SEGUNDO CITY COUNCIL MEETING DATE: August 6, 2013
AGENDA STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action to authorize the City Manager to enter into a License
Agreement with Los Angeles County to use and occupy the El Segundo Beach Bathroom
and Lifeguard Station Facility. (Fiscal Impact: $1.00 rental fee)
RECOMMENDED COUNCIL ACTION:
1. Authorize the City Manager to enter into a License Agreement with Los Angeles
County, in a form approved by the City Attorney, to use and occupy the El Segundo
Beach Restroom and Lifeguard Facility.
2. Alternatively, discuss and take other possible action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
Agreement
FISCAL IMPACT: None
Amount Budgeted: $0
Additional Appropriation: N/A
Account Number(s):
ORIGINATED BY: Stephanie Katsouleas, Public Works Direct
REVIEWED BY: Stephanie Katsouleas, Public Works Director
APPROVED BY: Greg Carpenter, City Manager
BACKGROUND AND DISCUSSION:
The El Segundo Beach Bathroom and Lifeguard Facility was proposed several years ago by then
Councilmember Jim Boulgarides. The proposal was to construct a facility that could provide a
modern restroom facility for El Segundo's beach users as well as permanent storage for Los
Angeles County Lifeguard equipment and a base for its Junior Guard program. Through a
partnership with Chevron to lease land for the facility and $1.7 million in funding from
Supervisor Don Knabe's office, the facility was designed and ultimately constructed. It
officially opened to the public July 3, 2013, and has been a welcome retreat for both beach and
bike path users. As envisioned, the building has four public restrooms, a rinse station and sinks,
and an air compressor for bicycle tires. The building also serves as a secondary look out for
lifeguard operations, provides a garage for a lifeguard truck and has a storage room for junior
guard equipment.
The building is now ready for Lifeguard occupancy, which requires entering into a License
Agreement between Los Angeles County and the City of El Segundo. The draft agreement has
been reviewed and tentatively approved by both agencies; it outlines the roles and
responsibilities of each agency relative to the building's use and functions. Therefore, staff
recommends that City Council authorize the City Manager to enter into the attached License
Agreement with the Los Angeles County Fire Department, Lifeguard Division, to use and
occupy the El Segundo Beach Restroom and Lifeguard Facility at the rate of $1.00 for the 30
year terra of the agreement.
In the near future Public Works will initiate the final phase of construction for the building,
which includes connecting the facility to a municipally separate sewer system (through
partnerships with Chevron and NRG). In the interim, the facility will continue to utilize its
holding tank and corresponding pump -out services for wastewater collections.
49
LICENSE AGREEMENT BETWEEN THE
CITY OF EL SEGUNDO AND
THE CONSOLIDATED FIRE PROTECTION DISTRICT
OF LOS ANGELES COUNTY
THIS LICENSE is made and executed this 9t' day of July, 2013, between the CITY OF
EL SEGUNDO, a municipal corporation ( "CITY "), and the CONSOLIDATED FIRE
PROTECTION DISTRICT OF LOS ANGELES COUNTY ( "COUNTY "), a special district of
the state of California.
1. LICENSE; DESCRIPTION OF PROPERTY. CITY licenses COUNTY to use, on the
terms and conditions in this License, real property located at 105 Vista del Mar, El Segundo, CA
90245 ( "Property "). CITY's action is not, and should not be construed to be, a conveyance of a
property interest or a lease; it is a license to use property only.
2. USE OF PROPERTY.
A. COUNTY may use the Property for the purposes of providing lifeguard services
in accordance with applicable law and current and any future, separate, agreement
with Chevron U.S.A Such uses may include:
i. Using the Property as a training facility and restroom facility for
COUNTY staff including, without limitation, Junior Lifeguard Instructors
(seasonally);
ii. Using the side storage room on the Property for Junior Lifeguard
equipment;
iii. Storing lifeguard vehicles, training equipment, EMT supplies, beach
rescue equipment, tower supplies, and other, similarly related, equipment;
iv. Using the Property as a secondary lifeguard " look out" station and
administrative site for lifeguard operations; and
V. COUNTY staff may include, without limitation, an Area Captain and
Ocean Lifeguard Specialist and other staff as needed, who are engaged by
COUNTY to provide lifeguard services and other staff as needed.
vi, The CITY is responsible for all Property maintenance and repair.
COUNTY is responsible for custodial services for the restricted areas of
the Property as defined in Section 17 hereinbelow. CITY is responsible
for all other custodial services for the Property. For maintenance and
repairs, the COUNTY must contact CITY by email or phone call to the
El Segundo Public Works Department.
Page 1 of 6 50
vii. Upon one year (1 year) notice, CITY may change, amend, or terminate
COUNTY's use of Property in its sole discretion, in writing.
3. TERM. The term of this license will begin when executed by COUNTY and end on April
30, 2033. It is the intent of the parties that the COUNTY will have use of the Property so long as
the COUNTY is providing lifeguard services within the CITY and surrounding beach areas.
Upon mutual written agreement between the parties, this License may be renewed for additional
time. This License may also be amended at any time by mutual written agreement of the CITY
and the COUNTY.
4. TERMINATION..
A. As stated above, CITY may terminate this License at any time with or without
cause, upon giving COUNTY one year (1 year) written notification. Termination
will be effective upon notification, unless CITY specifies otherwise.
COUNTY may terminate this License at any time in writing at least five (5) days
before the effective termination date.
B. By executing this document, COUNTY waives any and all claims for damages
that might otherwise arise from CITY's termination under this Section.
C. Upon termination, COUNTY will remove all personal property and improvements
from Property within thirty (30) days of the effective termination date. Property
will be left in a clean and orderly fashion with ordinary wear and tear excepted.
5. COMPENSATION. In exchange for the use of the facilities at Property, COUNTY agrees
to pay CITY a sum of one dollar ($1) for the term of this License.
6. CONDEMNATION. If all or part of Property is acquired by eminent domain or purchase in
lieu thereof, COUNTY acknowledges that it will have no claim to any compensation awarded for
the taking of Property or any portion thereof or for loss of or damage to COUNTY's
improvements.
7. RELOCATION BENEFITS. COUNTY acknowledges that it has been informed that CITY
is a public entity and that Property was previously acquired by CITY for a public purpose.
COUNTY further acknowledges that any rights acquired under this License arose after the date
of acquisition of Property and that said rights are subject to termination when Property is needed
by CITY. COUNTY hereby acknowledges that at the time of said termination of this License by
CITY, it will not be a "displaced person" entitled to any of the relocation assistance or benefits
offered to displaced persons under State or Federal law.
8. ALTERATIONS. COUNTY will not make, or cause to be made, any alterations to
Property, or any part thereof, without CITY's prior written consent.
Page 2 of 6
51
9. HAZARDOUS/TOXIC WASTE. CITY has not, nor, to CITY's knowledge, has any third
party used, generated, stored or disposed of, or permitted the use, generation, storage or disposal
of, any Hazardous Material (as defined below) on, under, about or within Property in violation of
any law or regulation. COUNTY agrees that it will not use, generate, store or dispose of any
Hazardous Material (as defined below) on, under, about or within Property in violation of any
law or regulation. COUNTY agrees to defend and indemnify CITY, to the extent stated in
Section 12, against any and all losses, liabilities, claims or costs arising from any breach of any
warranty or agreement contained in this Section. As used in this Section, "Hazardous Material"
means any substance, chemical or waste that is identified as hazardous, toxic or dangerous in any
applicable federal, state or local law or regulation (including petroleum and asbestos).
10. SIGNS. COUNTY will not place any sign upon Property without CITY's prior written
consent. COUNTY will pay for all costs of any approved signage and comply with all
applicable sign codes and ordinances.
11. ASSIGNMENT. COUNTY will not be permitted to assign this License or any interest
therein.
12. MUTUAL INDEMNIFICATION.
A. Except as otherwise provided, COUNTY agrees to hold harmless, defend, and
indemnify CITY, its officers, employees, agents, representatives, and successors -
in- interest against any and all loss, damage, cost, or expenses which CITY, its
officers, employees, agents, representatives, and successors -in- interest may incur
or be required to pay by reason of any injury or property damage caused or
incurred by COUNTY, its employees, or agents in the performance of this
Agreement. Likewise CITY agrees to hold harmless, defend, and indemnify the
COUNTY, its officers, employees, agents, representatives, and successors -in-
interest against any and all loss, damage, cost or expenses which COUNTY, its
officers, employees, agents, representatives, and successors -in- interest may incur
or be required to pay by reason of any injury or property damage caused or
incurred by CITY, its employees, subcontractors, or agents in the performance of
this Agreement.
B. It is expressly understood and agreed that this Section will survive termination of
this Agreement.
13. DISPUTE RESOLUTION. Any dispute arising between CITY and COUNTY regarding
this Agreement will first attempted to be resolved through mediation between the respective
project managers for each party and /or their respective departmental heads.
14. COMPLIANCE WITH LAW. COUNTY will, at its sole cost and expense, comply with all
of the requirements of all federal, state, and local authorities now in force, or which may
hereafter be in force, pertaining to COUNTY's use of Property and will faithfully observe all
Page 3 of 6
52
applicable laws. The judgment of any court of competent jurisdiction, or the admission of
COUNTY in any action or proceeding against COUNTY, whether CITY be a party thereto or
not, that COUNTY has violated any such ordinance or statute in the use of Property will be
conclusive of that fact as between CITY and COUNTY.
15. BREACH OF AGREEMENT. The violation of any of the provisions of this License will
constitute a breach of this License by COUNTY, and in such event said License will
automatically cease and terminate.
16. WAIVER OF BREACH. Any express or implied waiver of a breach of any term of this
License will not constitute a waiver of any further breach of the same or other term of this
License.
17. ENTRY BY CITY AND PUBLIC. This License does not convey any property interest to
COUNTY. Except for areas restricted because of safety concerns, CITY and the general public
will have unrestricted access upon Property for all lawful acts. Restricted areas include the
operational observation area, personnel locker room, side storage room, and garage area.
18. INSOLVENCY; RECEIVER. Either the appointment of a receiver to take possession of all
or substantially all of the assets of COUNTY, or a general assignment by the COUNTY for the
benefit of creditors, or any action taken or offered by COUNTY under any insolvency or
bankruptcy action, will constitute a breach of this License by COUNTY, and in such event said
License will automatically cease and terminate.
19. NOTICES. Except as otherwise expressly provided by law, all notices or other
communications required or permitted by this License or by law to be served on or given to
either party to this License by the other party will be in writing and will be deemed served when
personally delivered to the party to whom they are directed, or in lieu of the personal service,
upon deposit in the United States Mail, certified or registered mail, return receipt requested,
postage prepaid, addressed to COUNTY at:
Chief, Lifeguard Division
2300 Ocean Front Walk
Venice, CA 90291
or to CITY at:
Director of Public Works
350 Main Street
El Segundo, CA 90245
Either party may change its address for the purpose of this Section by giving written
notice of the change to the other party.
Page 4 of 6 53
20. ACCEPTANCE OF FACSIMILE SIGNATURES. The Parties agree that agreements
ancillary to this License and related documents to be entered into in connection with this License
will be considered signed when the signature of a party is delivered by facsimile transmission.
Such facsimile signature will be treated in all respects as having the same effect as an original
signature.
21. GOVERNING LAW. This License has been made in and will be construed in accordance
with the laws of the State of California and exclusive venue for any action involving this License
will be in Los Angeles COUNTY.
22. PARTIAL INVALIDITY. Should any provision of this License be held by a court of
competent jurisdiction to be either invalid or unenforceable, the remaining provisions of this
License will remain in effect, unimpaired by the holding.
23. ENTIRE AGREEMENT. This instrument and its Attachments constitute the sole
agreement between CITY and COUNTY respecting Property, the use of Properly by COUNTY,
and the specified License term, and correctly sets forth the obligations of CITY and COUNTY.
Any agreement or representations respecting Property or its licensing by CITY to COUNTY not
expressly set forth in this instrument are void.
24. CONSTRUCTION. The language of each part of this License will be construed simply and
according to its fair meaning, and this License will never be construed either for or against either
party.
25. AUTHORITY/MODIFICATION. The Parties represent and warrant that all necessary
action has been taken by the Parties to authorize the undersigned to execute this License and to
engage in the actions described herein. This License may be modified by written agreement.
CITY's city manager, or designee, may execute any such amendment on behalf of CITY.
26. COUNTERPARTS. This License may be executed in any number or counterparts, each of
which will be an original, but all of which together will constitute one instrument executed on
the same date.
Page 5 of 6
54
IN WITNESS WHEREOF the parties hereto have executed this contract the day and year
first hereinabove written.
CITY OF EL SEGUNDO
By
GREG CARPENTER
City Manager
Date
ATTEST:
By
TRACY WEAVER
City Cleric
APPROVED AS TO FORM:
MARK D. HENSLEY
City Attorney
By
KARL. H. BERGER
Assistance City Attorney
CONSOLIDATED FIRE PROTECTION
DISTRICT OF LOS ANGELES COUNTY
DARYL L. OSBY
Fire Chief
Date
APPROVED AS TO FORM:
JOHN KRATTLI
County Counsel
By
Deputy
Page 6 of 6
55
EL SEGUNDO CITY COUNCIL MEETING DATE: August 6, 2013
AGENDA STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action to adopt Resolution authorizing the City Manager to Execute a
Joint Powers Agreement with the Western Riverside Council of Governments ( "Authority ") to
participate in the California Hero Program; Authorizing the Authority to take action for
including property within the City's jurisdiction in the hero program; and authorizing the City
Manager, or designee, to execute such documents needed to implement this resolution.
(Fiscal Impact: $0)
RECOMMENDED COUNCIL ACTION:
1. Adopt proposed Resolution; and
2. Alternatively, discuss and take other possible action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
1. Resolution
2. Best Best & Krieger Attorney at Law's Legal Opinion aka Memorandum re: WRCOG
California HERO Program - Authority for WRCOG to place assessments on the Tax
Roll of Counties other than Riverside County
FISCAL IMPACT: None
Amount Budgeted: $0
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Mickie Tagle, Senior Executive Assistant /"
REVIEWED BY:
APPROVED BY: Greg Carpenter, City Manager,
BACKGROUND AND DISCUSSION:
Assembly Bill (AB) 811 was signed into law on July 21, 2008, and AB 474, effective January 1,
2010, amended Chapter 29 of Part 3 of Division 7 of the Streets & Highways Code of the State
of California ( "Chapter 29 ") and authorizes a legislative body to designate an area within which
authorized public officials and free and willing property owners may enter into voluntary
contractual assessments to finance the installation of distributed generation renewable energy
sources, energy efficiency, and /or water conservation improvements that are permanently fixed
to real property, as specified.
The HERO Program has been very successful in Western Riverside County, since its launch in
late 2012; the Program has approved over $129 million in applications and has funded over $25
million in projects. Because of its success, the California HERO Program was developed as a
56
turnkey program to save other California jurisdictions time and resources in developing a
standalone program. Jurisdictions only need to adopt the form of resolution accompanying this
staff report and approve an amendment to the joint exercise of powers agreement related to the
California HERO Program attached to such resolution to begin the process.
ANALYSIS: The California HERO Program is being offered to allow property owners in
participating cities and counties to finance renewable energy, energy water efficiency
improvements and electric vehicle charging infrastructure on their property. If a property owner
chooses to participate, the improvements to be installed on such owner's property will be
financed by the issuance of bonds by a joint power authority, Western Riverside Council of
Governments ( "WRCOG "), secured by a voluntary contractual assessment levied on such
owner's property. Participation in the program is 100% voluntary. Property owners who wish to
participate in the program agree to repay the money through the voluntary contractual
assessment collected together with their property taxes.
The benefits to the property owner include:
• Eligibility: In today's economic environment, alternatives for property owners to finance
renewable energy /energy efficiency /water efficiency improvements or electric vehicle
charging infrastructure may not be available. As such many property owners do not have
options available to them to lower their utility bills.
• Savings: Energy prices continue to rise and selecting in energy efficient, water efficient
and renewable energy models lower utility bills.
• 100% voluntary. Property owners can choose to participate in the program at their
discretion.
• Payment obligation stays with the property. Under Chapter 29, a voluntary contractual
assessment stays with the property upon transfer of ownership. Even if there were
private enterprise alternatives, most private loans are due on sale of the benefited
property, which makes it difficult for property owners to match the life of the repayment
obligation with the useful life of the financed improvements. Certain mortgage providers
will, however, require the assessment be paid off at the time the property is refinanced or
sold.
• Prepayment option. The property owner can choose to pay off the assessments at any
time, subject to applicable prepayment penalties.
• Customer oriented program. Part of the success of the program is the prompt customer
service.
The benefits to the Citv include:
• Increase local jobs.
• An increase in housing prices (higher efficient homes are worth more money).
57
• An increase in sales, payroll and property tax revenue
• As in conventional assessment financing, the City is not obligated to repay the bonds or
to pay the assessments levied on the participating properties.
• All California HERO Program and assessment administration, bond issuance and bond
administration functions are handled by California HERO. Little, if any, City staff time
is needed to participate in the California HERO Program.
• The City can provide access for its residents to the California HERO Program without the
higher staff costs that an independent program established by the City would require.
The proposed resolution enables the California HERO Program to be available to owners of
property within our City to finance renewable energy, energy efficiency and water efficiency
improvements and electric vehicle charging infrastructure. The resolution approves an
Amendment to the WRCOG Joint Powers Agreement to add the City as an Associate Member in
order that the California HERO Program may be offered to the owners of property located within
the City who wish to participate in the California HERO Program
FISCAL AND STAFF IMPACTS: There is no negative fiscal impact to the City's general
fund incurred by consenting to the inclusion of properties within the City limits in the California
HERO Program. All California HERO Program administrative costs are covered through an
initial administrative fee included in the property owner's voluntary contractual assessment and
an annual administrative fee which is also collected on the property owner's tax bill.
M
RESOLUTION NO.
RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE A JOINT POWERS AGREEMENT WITH THE
WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS
( "AUTHORITY ") TO PARTICIPATE IN THE CALIFORNIA HERO
PROGRAM; AUTHORIZING THE AUTHORITY TO TAKE ACTION
FOR INCLUDING PROPERTY WITHIN THE CITY'S
JURISDICTION IN THE HERO PROGRAM; AND AUTHORIZING
THE CITY MANAGER, OR DESIGNEE, TO EXECUTE SUCH
DOCUMENTS NEEDED TO IMPLEMENT THIS RESOLUTION.
The City Council does resolve as follows:
SECTION 1: Recitals. The City Council finds as follows:
A. The Western Riverside Council of Governments ( "Authority ") is a
joint powers authority established pursuant to Chapter 5 of Division
7, Title 1 of the Government Code of the State of California
(Section 6500 and following) (the "Act ") and the Joint Power
Agreement entered into on April 1, 1991, as amended from time to
time (the "Authority JPA ");
B. Authority established the California HERO Program to provide for
the financing of renewable energy distributed generation sources,
energy and water efficiency improvements and electric vehicle
charging infrastructure (the "Improvements ") to Chapter 29 of the
Streets and Highways Code ( "Chapter 29 ") within counties and
cities throughout the State of California that elect to participate in
such program;
C. El Seaundo (the "City ") is committed to development of renewable
energy sources and energy efficiency improvements, reduction of
greenhouse gases, protection of our environment, and reversal of
climate change;
D. Pursuant to Chapter 29, cities may assist property owners in
financing the cost of installing Improvements through a voluntary
contractual assessment program;
E. Installing such Improvements by property owners within the City's
jurisdictional boundaries if it participates in the California HERO
Program would promote the purposes cited above;
F. The City wishes to provide innovative solutions to its property
owners to achieve energy and water efficiency and independence,
59
and in doing so cooperate with Authority in order to efficiently and
economically assist property owners the City in financing such
Improvements;
G. The City's property owners may participate in the California HERO
Program, which will be such a voluntary contractual assessment
program, once the City joins the Authority and the Authority
properly establishes the voluntary assessment districts in
accordance with Chapter 29. Consequently, the City finds it is in the
public interest for the City of El Segundo to enter into an
amendment to the Authority JPA, originally made and entered into
April 1, 1991 adding the City of El Segundo as an Associate
Member of the Western Riverside Council of Governments to
Permit the Provision of Property Assessed Clean Energy (PACE)
Program Services within the City (the "JPA Amendment "), by and
between Authority and the City, a copy of which is attached as
Exhibit 'A" and incorporated by reference, to assist property
owners within the incorporated area of the City in financing the cost
of installing Improvements; and
H. The City is not responsible for conducting any assessment
proceedings; the levy and collection of assessments or any
required remedial action in the case of delinquencies in the
payment of any assessments or the issuance, sale or
administration of any bonds issued in connection with the California
HERO Program.
SECTION 2: Authorization. The City Council takes the following actions:
A. Following Authority's actions to create a voluntary assessment
district pursuant to Chapter 29, the City Council consents to
including all of the properties within the City of El Segundo's
jurisdictional boundaries and to the Improvements, upon the
request by and voluntary agreement of owners of such properties,
within the California HERO Program in compliance with the laws,
rules and regulations applicable to such program;
B. Upon City becoming part of the HERO program, the City Council
consents to Authority assuming jurisdiction of all administrative
functions under Chapter 29 and of the HERO program. The City will
not have any administrative or legal responsibility for such matters;
C. The consent of this City Council constitutes assent to the
assumption of jurisdiction by Authority for all purposes of the
California HERO Program and authorizes Authority, upon
satisfaction of the conditions imposed in this resolution, to take
60
each and every step required for or suitable for financing the
Improvements, including the levying, collecting and enforcement of
the contractual assessments to finance the Improvements and the
issuance and enforcement of bonds to represent and be secured by
such contractual assessments;
D, This City Council authorizes the City Manager to execute the JPA
Amendment in a form approved by the City Attorney;
E. The City Manager, or designee, is authorized to implement the
intent of this Resolution and the JPA Amendment;
SECTION 3: 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 consists only administrative actions for joining a joint powers
authority. Adopting this Resolution will not have the effect of deleting or
substantially changing any regulatory standards or required findings.
SECTION 4: This Resolution will become effective immediately upon adoption
and will remain effective unless repealed or superseded.
SECTION 5: The City Clerk will certify to the passage and adoption of this
Resolution; will enter the same in the book of original Resolutions of said City;
and will make a minute of the passage and adoption thereof in the record of
proceedings of the City Council of said City, in the minutes of the meeting at
which the same is passed and adopted.
PASSED AND ADOPTED this 6th day of August, 2013.
Rill Fisher
Mayor
61
STATE OF CALIFORNIA }
COUNTY OF LOS ANGELES } SS
CITY OF EL SEGUNDO )
I, Tracy Weaver, City Clerk of the City of El Segundo, California, certify that the
whole number of members of the City Council of the City is five; that the
foregoing Resolution No. was duly passed and adopted by said City
Council, approved and signed by the Mayor of said City, and attested to by the
City Clerk of said City, all at a regular meeting of said Council held on the
day of Julv 2013. and the same was so passed and adopted by the following roll
call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Tracy Weaver,
City Clerk
APPROVED AS TO FORM:
Mark D. Hensley, City Attorney
Karl H. Berger,
Assistant City Attorney
62
EXHIBIT A
AMENDMENT TO THE JOINT POWERS AGREEMENT
ADDING CITY OF AS
AS AN ASSOCIATE MEMBER OF THE
WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS
TO PERMIT THE PROVISION OF THE CALIFORNIA HERO
PROGRAM SERVICES WITH SUCH CITY
This Amendment to the Joint Powers Agreement ( "JPA Amendment ") is made
and entered into on the ___day of , 2013, by City of ( "City ")
and the Western Riverside Council of Governments ( "Authority ") (collectively the
"Parties ").
RECITALS
Authority is a joint exercise of powers authority established pursuant to Chapter
5 of Division 7, Title 1 of the Government Code of the State of California (Section
6500 and following) (the "Joint Exercise of Powers Act ") and the Joint Power
Agreement entered into on April 1, 1991, as amended from time to time (the
"Authority JPA "); and
As of October 1, 2012, Authority had 18 member entities (the "Regular
Members ").
Chapter 29 of the Improvement Bond Act of 1911, being Division 7 of the
California Streets and Highways Code ( "Chapter 29 ") to authorize cities,
counties, and cities and counties to establish voluntary contractual assessment
programs, commonly referred to as a Property Assessed Clean Energy ( "PACE ")
program, to fund various renewable energy sources, energy and water efficiency
improvements, and electric vehicle charging infrastructure (the "Improvements ")
that are permanently fixed to residential, commercial, industrial, agricultural or
other real property; and
Authority intends to establish a PACE program to be known as the "California
HERO Program" pursuant to Chapter 29 as now enacted or as such legislation
may be amended hereafter, which will authorize the implementation of a PACE
financing program for cities and county throughout the state; and
City desires to allow owners of property within its jurisdiction to participate in the
California HERO Program and to allow Authority to conduct proceedings under
Chapter 29 to finance Improvements to be installed on such properties; and
This JPA Amendment will permit City to become an associate member of
Authority and to participate in California HERO Program for the purpose of
facilitating the implementation of such program within the jurisdiction of City; and
Pursuant to Government Code §§ 6500 et seq., the Parties are approving this
JPA Agreement to allow for the provision of PACE services, including the
operation of a PACE financing program, within the incorporated territory of City;
A-1 63
and
The JPA Amendment sets forth the rights, obligations and duties of City and
Authority with respect to the implementation of the California HERO Program
within the incorporated territory of City.
MUTUAL UNDERSTANDINGS
NOW, THEREFORE, for and in consideration of the mutual covenants and
conditions hereinafter stated, the Parties hereto agree as follows:
A. JPA Amendment.
1. The Authority JPA. City agrees to the terms and conditions of the
Authority JPA, attached.
2. Associate Membership. By adoption of this JPA Amendment, City
shall become Associate Member of Authority on the terms and conditions set
forth herein and the Authority JPA and consistent with the requirements of the
Joint Exercise of Powers Act. The rights and obligations of City as an Associate
Member are limited solely to those terms and conditions expressly set forth in
this JPA Amendment for the purposes of implementing the California HERO
Program within the incorporated territory of City. Except as expressly provided
for by the this JPA Amendment, City shall not have any rights otherwise granted
to Authority's Regular Members by the Authority JPA, including but not limited to
the right to vote on matters before the Executive Committee or the General
Assembly, right to amend or vote on amendments to the Authority JPA, and right
to sit on committees or boards established under the Authority JPA or by action
of the Executive Committee or the General Assembly, including, without
limitation, the General Assembly and the Executive Committee. City shall not be
considered a member for purposes of Section 9.1 of the Authority JPA. City shall
not be bound by any subsequent amendments of the Authority JPA not expressly
agreed to by City.
..
Rights of Authority. This JPA Amei�d�i�ei�t shall not be interpreted
as limiting or restricting the rights of Authority under the Authority JPA. Nothing
in this JPA Amendment is intended to alter or modify Authority Transportation
Uniform Mitigation Fee (TUMF) Program, the PACE Program administered by
Authority within the jurisdictions of its Regular Members, or any other programs
administered now or in the future by Authority, all as currently structured or
subsequently amended.
4. Rights of City. This JPA Amendment shall be not interpreted as
limiting or restricting the rights of City to establish parameters or limitation on
upon the HERO Program as it is conducted within City's jurisdiction.
A -2 64
B. Implementation of California HERO Program within City Jurisdiction.
1. Boundaries of the California HERO Program within Citx
Jurisdiction. City shall determine and notify Authority of the boundaries of the
incorporated territory within City's jurisdiction within which contractual
assessments may be entered into under the California HERO Program (the
"Program Boundaries "), which boundaries may include the entire incorporated
territory of City or a lesser portion thereof, upon approval of same by City
Council.
2. Determination of Eligible Improvements. Subject to any parameters
or limitations provided in the resolution of City approving the conduct of the
HERO Program within City's jurisdiction, Authority shall determine the types of
distributed generation renewable energy sources, energy efficiency or water
conservation improvements, electric vehicle charging infrastructure or such other
improvements as may be authorized pursuant to Chapter 29 (the "Eligible
Improvements ") that will be eligible to be financed under the California HERO
Program.
3. Establishment of California HERO Program. Authority will
undertake such proceedings pursuant to Chapter 29 as shall be legally
necessary to enable Authority to make contractual financing of Eligible
Improvements available to eligible property owners with the California HERO
Program Boundaries and will be solely responsible for the conduct of such
proceedings.
4. Financing the Installation of Eligible Improvements. Upon approval
of the conduct of the HERO Program within City's jurisdiction, Authority shall be
solely responsible to develop and implement a plan for the financing of the
purchase and installation of the Eligible Improvements under the California
HERO Program.
fl., AA + A +h ' +.. 4,.,11 h .. hl.. f..� +h
.�� �go�r•�g r,u� ��n�s� ration. I LI nor ILy sI I Li r2apon�s�WI IVY lI IG
ongoing administration of the California HERO Program, including but not limited
to producing education plans to raise public awareness of the California HERO
Program, soliciting, reviewing and approving applications from residential and
commercial property owners participating in the California HERO Program,
establishing contracts for residential, commercial and other property owners
participating in such program, establishing and collecting assessments due under
the California HERO Program, adopting and implementing any rules or
regulations for the PACE program, and providing reports as required by Chapter
29.
City will not be responsible for the conduct of any proceedings required to be
taken under Chapter 29; the levy or collection of assessments or any required
remedial action in the case of delinquencies in such assessment payments; or
the issuance, sale or administration of the Bonds or any other bonds issued in
A -3 65
connection with the California HERO Program.
6. Phased Implementation. The Parties recognize and agree that
implementation of the California HERO Program as a whole can and may be
phased as additional other cities and counties execute similar agreements. City
entering into this JPA Amendment will obtain the benefits of and incur the
obligations imposed by this JPA Amendment in its jurisdictional area, irrespective
of whether cities or counties enter into similar agreements.
C. Miscellaneous Provisions.
1. Withdrawal. Authority may withdraw from this JPA Amendment
upon six (6) months written notice to City; provided, however, there is no
outstanding indebtedness of Authority within City. The provisions of Section 6.2
of the Authority JPA shall not apply to City under this JPA Amendment. City may
withdraw approval for conduct of the HERO Program within the jurisdictional
limits of City upon thirty (30) written notice to WRCOG without liability to the
Authority or any affiliated entity. City withdrawal shall not affect the validity of any
voluntary assessment contracts (a) entered prior to the date of such withdrawal
or (b) entered into after the date of such withdrawal so long as the applications
for such voluntary assessment contracts were submitted to and approved by
WRCOG prior to the date of City's notice of withdrawal.
2. Indemnification and Liability. Authority shall defend, indemnify and
hold City and its directors, officials, officers, employees and agents free and
harmless from any and all claims, demands, causes of action, costs, expenses,
liabilities, losses, damages or injuries of any kind, in law or equity, to property or
persons, including wrongful death, to the extent arising out of the acts, errors or
omissions of Authority or its directors, officials, officers, employees and agents in
connection with the California HERO Program administered under this JPA
Amendment, including without limitation the payment of expert witness fees and
attorneys fees and other related costs and expenses, but excluding payment of
consequential damages, provided that the Authority shall not be required to
defend or indemnify City and its directors, officials, officers, employees and
agents for City's sole negligence or willful misconduct. Without limiting the
foregoing, Section 5.2 of the Authority JPA shall not apply to this JPA
Amendment. In no event shall any of Authority's Regular Members or their
officials, officers or employees be held directly liable for any damages or liability
resulting out of this JPA Amendment.
3. Environmental Review. Authority shall be the lead agency under
the California Environmental Quality Act for any environmental review that may
required in implementing or administering the California HERO Program under
this JPA Amendment.
4. Cooperative Effort. City shall cooperate with Authority by providing
information and other assistance in order for Authority to meet its obligations
hereunder. City recognizes that one of its responsibilities related to the California
A -4 66
HERO Program will include any permitting or inspection requirements as
established by City. City's cooperation shall not be interpreted to require any
approvals without appropriate review or that any discretionary authority of City be
exercised other than as provided by law.
5. Notice. Any and all communications and /or notices in connection
with this JPA Amendment shall be either hand - delivered or sent by United States
first class mail, postage prepaid, and addressed as follows:
Authority:
Western Riverside Council of Governments
4080 Lemon Street, 3rd Floor. MS1032
Riverside, CA 92501 -3609
Att: Executive Director
City:
City of
6. Entire Agreement. This JPA Amendment, together with the
Authority JPA, constitutes the entire agreement among the Parties pertaining to
the subject matter hereof. This JPA Amendment supersedes any and all other
agreements, either oral or in writing, among the Parties with respect to the
subject matter hereof and contains all of the covenants and agreements among
them with respect to said matters, and each Party acknowledges that no
representation, inducement, promise of agreement, oral or otherwise, has been
made by the other Party or anyone acting on behalf of the other Party that is not
embodied herein.
7. Successors and Assigns. This JPA Amendment and each of its
covenants and conditions shall be binding on and shall inure to the benefit of the
Parties and their respect) vG sU^icGjJOI s and QJJ�g110. A Party may only assign or
transfer its rights and obligations under this JPA Amendment with prior written
approval of the other Party, which approval shall not be unreasonably withheld.
8. Attorney's Fees. If any action at law or equity, including any action
for declaratory relief is brought to enforce or interpret the provisions of this
Agreement, each Party to the litigation shall bear its own attorney's fees and
costs.
9. Governing Law. This JPA Amendment shall be governed by and
construed in accordance with the laws of the State of California, as applicable.
10. No Third Party Beneficiaries. This JPA Amendment shall not
create any right or interest in the public, or any member thereof, as a third party
beneficiary hereof, nor shall it authorize anyone not a Party to this JPA
Amendment to maintain a suit for personal injuries or property damages under
A -5 67
the provisions of this JPA Amendment. The duties, obligations, and
responsibilities of the Parties to this JPA Amendment with respect to third party
beneficiaries shall remain as imposed under existing state and federal law.
11. Severability. In the event one or more of the provisions contained
in this JPA Amendment is held invalid, illegal or unenforceable by any court of
competent jurisdiction, such portion shall be deemed severed from this JPA
Amendment and the remaining parts of this JPA Amendment shall remain in full
force and effect as though such invalid, illegal, or unenforceable portion had
never been a part of this JPA Amendment.
12. Headings. The paragraph headings used in this JPA Amendment
are for the convenience of the Parties and are not intended to be used as an aid
to interpretation.
13. Amendment. This JPA Amendment may be modified or amended
by the Parties at any time. Such modifications or amendments must be mutually
agreed upon and executed in writing by both Parties. Verbal modifications or
amendments to this JPA Amendment shall be of no effect.
14
Effective Date. This JPA Amendment shall become effective upon
the execution thereof by the Parties hereto.
IN WITNESS WHEREOF, the Parties hereto have caused this JPA Amendment
to be executed and attested by their officers thereunto duly authorized as of the
date first above written.
WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS
By: Date:
Executive Committee Chair
Western Riverside Council of Governments
CITY OF
By: Date:
Title:
A -6 68
Indian Wells
(760) 568 -2611
Irvine BEST BEST & KMEGER
(949) 263 -2600 ATTORNEYS AT LAW
Los Angeles
(213) 617 -8100
Ontario 655 West Broadway, 15" Floor, San Diego, CA 92101
(909) 969 -8584 Phone: (619) 525 -1300 � Fax: (619) 233 -6116 1 www.bbklaw.com
Warren B. Diven
(619) 525 -1337
warren.diven@bbklaw.com
Memorandum
To: Rick Bishop, Executive Director, Western
From: Warren B. Diven
Date: May 6, 2013
Re: WRCOG California HERO Program - Authority for WRCOG to place
assessments on the Tax Roll of Counties other than Riverside County
Riverside
(951) 686 -1450
Sacramento
(916) 325 -4000
Walnut Creek
(925) 977 -3300
Washington, DC
(202) 785 -0600
This memorandum is written in response to the request from the Los Angeles
County Recorder's office for the legal authority that enables the Western Riverside Council of
Governments ( "WRCOG ") to place assessments on the tax roll of counties other than Riverside
County. Specifically, the assessments in question would be those assessments levied on parcels
located in cities in Los Angeles County pursuant to contractual assessments entered into by the
owners of such parcels pursuant to the California HERO Program (defined below).
The California HERO Program
The California HERO Program is proposed to be a contractual assessment
program to be established by WRCOG pursuant to Chapter 29 of Part 3, Division 7 of the Streets
and Highways Code of the State of California (Streets & Highways Code Section 5898.10 and
following) ( "Chapter 29 ") to enable the owners of parcels located within cities and counties
throughout -the State of California (the "State ") participating in such program in order to finance
the installation of distributed generation renewable energy sources, energy and water efficiency
improvements and electric vehicle charging infrastructure ( "Eligible Improvements ").
Chapter 29 — The Enabling Legislation to Establish a Contractual Assessment Program
What may be financed pursuant to Chapter 29? As originally enacted in 1987,
Chapter 29 provided an alternative procedure for authorizing assessments to finance any work
which may be done pursuant to the Improvement Act of 1911 (Division 7 of the Streets and
Highways Code) (the "1911 Act"). It was the original intent of the Legislature in enacting
Chapter 29 that such chapter be used to finance public improvements to lots and parcels which
are developed and where the costs and time delays involved in creating an assessment district
pursuant to the 1911 Act or other law would be prohibitively large relative to the costs of the
public improvements to be financed.'
' Section 5898,12(a) of Chapter 29.
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Chapter 29 has been subsequently amended to provide that Chapter 29 should also
be used to finance the installation of Eligible Improvements'. In amending Chapter 29 to enable
the financing of Eligible Improvements, the Legislature made the following findings:
(a) (1) Energy and water conservation efforts, including the promotion of
energy efficiency improvements to residential, commercial, industrial,
agricultural, or other real property are necessary to address the issue of global
climate change.
(2) The upfront cost of making residential, commercial, industrial, agricultural, or
other real property more energy and water efficient prevents many property owners from
making those improvements. To make those improvements more affordable and to
promote the installation of those improvements, it is necessary to authorize an alternative
procedure for authorizing assessments to finance the cost of energy and water efficiency
improvements.
(b) The Legislature declares that a public purpose will be served by a voluntary
contractual assessment program that provides the legislative body of any public agency
with the authority to finance the installation of distributed generation renewable energy
sources and energy or water efficiency improvements that are permanently fixed to
residential, commercial, industrial, agricultural, or other real property.s3
Establishment of a Cor■tractual Assessment Program. As amended, Chapter
29 enables a "public agency" to establish a contractual assessment program to finance such
Eligible Improvements. For the purpose of financing the installation of distributed generation
renewable energy sources or energy efficiency improvements, a "public agency" is defined to
mean a county, city, city and county, or a municipal utility district, an irrigation district, or public
utility district that owns and operates an electric distribution system.4 For the purpose of
financing the installation of water efficiency improvements, a "public agency" is defined to mean
a city, county, city and county, municipal utility district, community services district, sanitary
district or water district, as defined in Water Code Section 20200.5
In order for a public agency to establish a contractual assessment program to
finance Eligible Improvements, the public agency must follow the procedures specified in
Chapter 29 which are briefly described as follows:
Step One: The legislative body of the public agency must initiate proceedings to establish a
contractual assessment program by adopting a resolution indicating its intention to do so (the
Chapter 29, Sections 5898(b), 5898(c) and 5899.3.
s Chapter 29, Section 5898.14.
d Chapter 29, Section 5898.20(c)(3)(B).
5 Chapter 29. Section 5898.20(c)(3)(A).
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"Resolution of Intention" ).6 In the Resolution of Intention, the legislative body of the public
agency may determine "that it would be convenient, advantageous, and in the public interest to
designate an area within the public agency, which may encompass the entire public agency or a
lesser portion, within which authorized public agency officials and property owners may enter
into voluntary contractual assessments to finance the installation of distributed generation
renewable energy sources or energy or water efficiency improvements that are permanently fixed
to real property pursuant to this chapter. "7
The Resolution of Intention must:
a include a statement that the public agency proposes to make voluntary contractual
assessment financing available to property owners,
• identify the kinds of public works, distributed generation renewable energy sources,
or energy or water efficiency improvements that may be financed,
• describe the boundaries of the area within which voluntary contractual assessments
may be entered into,
• briefly describe the proposed arrangements for financing the program, including a
brief description of criteria for determining the creditworthiness of a property owner,
• state that it is in the public interest to finance the installation of distributed generation
renewable energy sources or energy or water efficiency improvements, or both, if applicable,
• state that a public hearing should be held at which interested persons may object to or
inquire about the proposed program or any of its particulars, and shall state the time and place of
the hearing,
• direct an appropriate public agency official to prepare a report pursuant to Section
5898.22 of Chapter 29 (the "Program Report ") and to enter into consultations with the county
auditor's office or county controller's office in order to reach agreement on what additional fees,
if any, will be charged to the city or county for incorporating the proposed voluntary contractual
assessments into the assessments of the general taxes of the city or county on real property.8
Step Two. The public agency must give notice of the public hearing pursuant to the provisions
of Chapter 29.9
G Chapter 29, Section 5898.20(b).
7 Chapter 29, Section 5898.20(a)(2).
Chapter 29, Section 5898.20(b).
Chapter 29, Section 5898.24.
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Step Three. At the time of the public hearing, the Program Report shall be summarized and the
legislative body shall afford all persons who are present an opportunity to comment upon, object
to, or present evidence with regard to the proposed contractual assessment program, the extent of
the area proposed to be included within the program, the terms and conditions of the draft
contract, or the proposed financing provisions. At the conclusion of the hearing, the legislative
body may adopt a resolution confirming the report or may direct its modification in any respect,
and thereafter may adopt a resolution confirming the report as modified, or the legislative body
may abandon the proceedings. However, the legislative body may not increase the area within
which contractual assessments would be offered without providing notice of the proposed
increase in area pursuant to Section 5808.24. 10
Issuance of Bonds to Finance the Installation of Eligible Improvements.
Once a public agency establishes a contractual assessment program pursuant to the preceding
steps, it may issue bonds pursuant to Chapter 29, the principal and interest of which would be
repaid by voluntary contractual assessments.I I The provisions of the Improvement Bond Act of
1915 (Division 10 of the Streets and Highways Code) (the "1915 Act ") shall apply to any bonds
issued pursuant to Chapter 29, Section 5898.28, insofar as the 1915 Act is not in conflict with
Chapter 29.
Levy and Collection of Assessments pursuant to Chapter 29. Chapter 29
provides that assessments levied pursuant to such chapter, and the interest and penalties thereon
shall constitute a lien against the lots and parcels on which they are made, until they are paid. 12
Section 5898.30 further provides as to such assessments that:
"[The 1915 Act], insofar as those provisions are not in conflict with the provisions
of this chapter, Article 13 (commencing with Section 53930) of, and Article 13.5
(commencing with Section 53938) of, Chapter 4 of Part 1 of Division 2 of Title 5
of the Government Code apply to the imposition and collection of assessments
contracted for pursuant to this chapter, including, but not limited to. provisions
related to lien priority, the collection of assessments in the same manner and at
the same time as the general taxes of the city or county on real property, and any
penalties and remedies in the event of delinquency and default."
As to the collection of assessments, the 1915 Act provides that:
"The annual proportion of each assessment coming due in any year, together with
the annual interest on the assessment, shall be payable in the same manner and at
the same time and in the same installments as the general taxes of the city on real
property are payable, and the assessment installments and the annual interest on
the assessment shall be payable and come delinquent at the same times and in the
10 Chapter 29, Section 5898.26.
11 Chapter 29, Section 5898.28.
12 Chapter 29, Section 5898.30.
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same proportionate amounts and, ...., shall bear the same proportionate penalties
and interest after delinquency as do the general taxes on real property of the
city.,`
From the authority set forth in Section 5898.30 of Chapter 39 and Section 8680(a) of the 1915
Act, it is clear that a public agency that establishes a contractual assessment program pursuant to
Chapter 29 may collect such assessments levied on properties participating in such program that
are located within the area within which assessment contracts may be entered pursuant to such
contractual assessment program in the same manner and in the same installments as the general
taxes on real property are payable, i.e., on the property tax bills of the county in which such
properties are located.
The Joint Exercise of Powers Act — The Exercise of Common Powers
The Joint Exercise of Powers Act, being Chapter 5 of Division 7, Title 1 of the
California Government Code (Section 6500 and following) (the "JEP Act ") provides that:
"If authorized by their legislative or other governing bodies, two or more public
agencies by agreement may jointly exercise any power common to the contracting
parties, even though one or more of the contracting parties may be located outside
this state.
It shall not be necessary that any power common to the contracting parties be
exercised by each such contracting party with respect to the geographic area in
which such power is to be jointly exercised." t4
A "public agency," as used in Article 1 of the JEP Act, "includes, but is not
limited to the federal government or any federal department or agency, this state, another state or
any state department or agency, a county, county board of education, county superintendent of
schools, cam, public corporation, public district, regional transportation commission of this state
or another state, a federally recognized Indian tribe, or any joint powers authority formed
pursuant to this article by any of these agencies." 15 (Emphasis added) As a result, a county
and/or a city or a combination of counties and/or cities are "public agencies" that would be
authorized, pursuant to the JEP Act, by agreement to jointly exercise any power common to such
contracting parties.
Streets & Highways Code Section 8680(a).
11 Government Code Section 6502.
15 Government Code Section 6500.
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An agreement entered into pursuant to the JEP Act shall state the purpose for the
agreement or the power to be exercised and shall provide for the method by which the purpose
will be accomplished or the manner in which the power will be exercised. 16
The agency or entity provided by an agreement entered into pursuant to the JEP
Act may be one or more of the parties to such agreement or a commission or board constituted
pursuant to the agreement or a person, firm or corporation, including a non - profit corporation,
designated in such agreement. 17 Whenever a joint powers agreement provides for the creation of
an agency or entity that is separate form the parties to such agreement and is responsible for the
administration of such agreement, such agency or entity shall, within 30 days after the effective
date of the agreement, cause a notice of the agreement to be prepared and filed with the Secretary
of State. 18
The agency shall possess the common power specified in the agreement entered
into pursuant to the JEP Act and may exercise it in the manner or according to the method
provided for in such agreement. 19
WRCOG — Background and the Original WRCOG HERO Program
General. WRCOG is a joint powers authority originally created in 1991 pursuant
to the JEP Act and that certain Joint Powers Agreement of the Western Riverside Council of
Governments made and entered into on April 1, 1991 (the "JPA" )20 among Riverside County and
fourteen (14) cities located in western Riverside County as the original parties to the JPA and
members of WRCOG. Four (4) additional cities located in western Riverside County became
parties to the JPA and members of WRCOG between 2008 and 2011.
The JPA expressly provided for the creation of WRCOG as a public entity and
specified that WRCOG shall be a public entity separate from the parties to the JPA. 21 The JPA
states that the purpose of the formation of WRCOG was to provide an agency to conduct studies
and projects designed to improve and coordinate the common governmental responsibilities and
services on an area -wide and regional basis through the establishment of an association of
governments and that WRCOG would explore areas of inter - governmental cooperation and
coordination of government programs and provide recommendations and solutions to problems
of common and general concern. 22 The JPA further provided that when authorized pursuant to
16 Government Code Section 6503.
17 Government Code Section 6506.
is Government Code Section 6503.5.
19 Government Code Section 6508.
20 A copy of the JPA is attached to this memorandum as Attachment A hereto.
�1 JPA, Section 1.1.
JPA. Recital B.
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Implementation Agreements, WRCOG shall implement, manage and administer area -wide and
regional programs in the interest of the local public welfare. 23
The Original WRCOG HERO Program. In 2010 WRCOG, acting pursuant to
Implementation Agreements with Riverside County and 14 the cities within WRCOG at that
time, undertook proceedings pursuant to Chapter 29 to establish the "Energy Efficiency and
Water Conservation Program for Western Riverside County," also known as the WRCOG
HERO Program. Pursuant to the WRCOG HERO Program, WRCOG exercises the common
powers granted pursuant to Chapter 29 to Riverside County and the participating cities to
establish a contractual assessment program to enable the owners of properties located with the
unincorporated area of Riverside County and the incorporated areas of the participating cities
(the " WRCOG HERO Program Boundaries ") to finance the installation of distributed generation
renewable energy sources and energy and water efficiency improvements.
Upon the establishment of the WRCOG HERO Program, WRCOG initiated
proceedings in the Superior Court of Riverside County to judicially validate, among other issues,
the proceedings to establish such rogram and the assessments authorized be levied on properties
participating in such program.2 On July 1, 2011, the Superior Court entered judgments
validating such proceedings and decreeing as to the contractual assessments levied by WRCOG
and approved by the individual property owners to finance the construction and installation of
energy efficiency and water conservation improvements, together with the interest and any
penalties thereon, shall be collected in the same manner and at the same time as the general taxes
on real property are payable.
Implementation of the California HERO Program
As a result of the level of acceptance of the WRCOG HERO Program and the
participation in such program by the owners of properties within the WRCOG HERO Program
Boundaries_ the Executive Committee of WRCOG made the decision to initiate nroceedines to
establish the California HERO Program in order that other counties and cities throughout the
State may, in the exercise of their common powers pursuant to the JEP Act, enable owners of
properties located within participating cities and counties 25 to finance the installation of Eligible
Improvements.
In order to enable participation of cities and counties in the California HERO
Program, the parties to the JPA approved an amendment thereto entitled "Amendment to the
JPA. Section 8.1.
24 Western Riverside County v All Persons Interested in the Matter of the Proceedings for the WRCOG
Energy Efficiency and Water Conservation Prograin for Western Riverside County, etc. Superior Court of the State
of California, County of Riverside, Case Nos. RIC 1103280 and RIC 1103283. Separate actions were filed to
judicially validate the commercial and residential components of the WRCOG HERO Program.
'5 For a county electing to participate in the California PACE Program, only the owners of property located in
the unincorporated territory of such county will be eligible to participate in such program.
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Joint Powers Agreement of the Western Riverside Council of Governments to Permit the
Provision of PACE Services" (the "JPA Amendment") 26
The JPA Amendment provides the WRCOG shall be empowered to establish and
operate one or more Property Assessment Clean Energy ("PACE") 27 programs pursuant Chapter
29 and to enter into agreements to fulfill such programs both within and outside the jurisdictional
boundaries of WRCOG. The JPA Amendment further provides that WRCOG is empowered to
establish an "Associate Member" status that provides membership in WRCOG to local
jurisdictions outside the WRCOG jurisdictional boundaries but within the boundaries of a PACE
program. Such a local jurisdiction shall become an Associate Member of WRCOG by adopting
one or more agreements ( "PACE Agreement ") on the terms and conditions established by the
Executive Committee of WRCOG2 (the "Executive Committee "). The rights of Associate
Members are limited by the JPA Amendment solely to those terms and conditions expressly set
forth in the PACE Agreement for the purposes of implementing the PACE Program within the
jurisdictional boundaries of such Associate Members.
WRCOG has established a PACE Agreement entitled "Amendment to the Joint
Powers Agreement Adding [County of or City of ] as an Associate
Member of the Western Riverside Council Of Governments to Permit the Provision of Property
Assessed Clean Energy (Pace) Program Services within such City" (each, an "Associate Member
JPA Amendment"). 29 The Associate Member JPA Amendment recites, in part, that:
• WRCOG intends to establish a PACE program to be known as the "California HERO
Program" pursuant to Chapter 29 as now enacted or as such legislation may be amended
hereafter, which will authorize the implementation of a PACE financing program for cities and
county throughout the State;
• the city or county that enters into the Associate Member JPA Amendment desires to
allow owners of property within its jurisdiction to participate in the California HERO Program
and to allow WRCOG to conduct proceedings under Chapter 29 to finance Eligible
Improvements to be installed on such properties;
• the Associate Member JPA Amendment will permit the city or county to become an
associate member of WRCOG and to participate in the California HERO Program for the
purpose of facilitating the implementation of such program within the jurisdiction of the city or
county; and
'G A copy of the JPA Amendment is attached to this memorandum as Appendix B hereto.
27 "PACE" is an acronym for "property assessed clean energy" a commonly used term to generically describe
programs such as the WRCOG HERO Program, the California HERO Program and other similar programs
established throughout the State and nation.
'S Pursuant to the JPA, WRCOG is governed by its General Assembly. The JPA also establishes an Executive
Committee which exercises the powers of the JPA between sessions of the General Assembly.
29 A copy of the form of the Associate Member JPA Amendment is attached to this memorandum as
Appendix C hereto.
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• pursuant to the JEP Act, WRCOG and the city or county are approving the Associate
JPA Agreement to allow for the provision of PACE services, including the operation of a PACE
financing program, within the territory of the city or county.
To implement the California HERO Program within a city or county, the Associate Member JPA
Amendment provides, in part, that:
• the city or county shall determine and notify WRCOG of the boundaries of the
territory within such city or county jurisdiction within which contractual assessments may be
entered into under the California HERO Program (the "Program Boundaries ");
• WRCOG will undertake such proceedings pursuant to Chapter 29 as shall be legally
necessary to enable WRCOG to make contractual financing of Eligible Improvements available
to eligible property owners within the Program Boundaries; and
WRCOG shall be responsible for the ongoing administration of the California HERO
Program, including but not limited to producing education plans to raise public awareness of the
California HERO Program, soliciting, reviewing and approving applications from residential and
commercial property owners participating in the California HERO Program, establishing
contracts for residential, commercial and other property owners participating in such program,
establishing and collecting assessments due under the California HERO Program, adopting and
implementing any rules or regulations for the PACE program, and providing reports as required
by Chapter 29. (Emphasis added)
By entering into an Associate Member JPA Amendment, a city or county will be
agreeing to jointly exercise the powers granted to such city or county pursuant to Chapter 29
with WRCOG and the other cities and counties participating in the California HERO Program,
including but not limited to, the authority to collect assessments levied pursuant to assessment
contracts entered into by the owners of properties located in such city or county. Additionally,
WRCOG shall, pursuant to Government Code Section 6503.7, possess the common powers
specified in the JPA, as amended by the JPA Amendment and the Associate Member JPA
Amendments, and may exercise such common powers in the manner or according to the method
provided for in the JPA as so amended. Such common powers will include that power to collect
the assessments on the property tax roll pursuant to Section 5898.30 of Chapter 39 and Section
8680(a) of the 1915 Act.
Confirmation of the Authority of WRCOG to Establish and Administer the California
HERO Program
To verify the authority of WRCOG to establish and administer the California
HERO Program, WRCOG will be undertaking the judicial validation of the proceedings to
establish such program as well as the authority to collect the assessments levied pursuant to
Chapter 39 on properties located within the jurisdictional boundaries of the cities and counties
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participating in the California HERO Program which would include cities located in Los Angeles
County.
Please feel free to contact me with any further questions the Los Angeles County
Auditor's office may have regarding this question.
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EL SEGUNDO CITY COUNCIL MEETING DATE: August 6, 2013
AGENDA STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action to authorize the City Manager to sign an agreement with the
City of Long Beach and the Los Angeles Area Fire Chiefs' Association ( LAAFCA) regarding
the acceptance of a SMART Classroom system including hardware, software, and equipment to
be installed at El Segundo Fire Station 2. The SMART Classroom is to be funded by a $75,000
award in grant funding from the United States Department of Homeland Security, through the
Office of Grants and Training, under fiscal year 2012 Urban Areas Security Initiative (UASI).
(Fiscal Impact: None)
RECOMMENDED COUNCIL ACTION:
1. Authorize the City Manager to sign an agreement with the City of Long Beach and the Los
Angeles Area Fire Chiefs' Association ( LAAFCA) to establish a collaborative relationship
with respect to the LAAFCA's Regional Fire Departments SMART Classroom Project.
2. Alternatively, discuss and take other action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
Memorandum of Understanding Between the City of Long Beach, Los Angeles Area Fire
Chiefs' Association, and the City of El Segundo
FISCAL IMPACT: None
Amount Budgeted: None
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Kevin S. Smith, Fine Chief
REVIEWED BY: Kevin S. Smith, Fire Chief
APPROVED BY: Greg Carpenter, City Manager
BACKGROUND AND DISCUSSION:
The SMART Classroom Project is part of the LAAFCA's Regional Fire Service Training
Strategic Plan. The intent is to utilize technology to improve the effectiveness and efficiency of
training of Fire Department personnel throughout the region. SMART classrooms strategically
placed throughout the region will enable Fire personnel the opportunity to receive or provide
training at fire stations within or close to their jurisdiction. The SMART classroom will use
components such as electronic whiteboards; audio /video recording devices; computers;
projectors with projection screens; and audio speakers. The room will be used to receive and
provide interactive instruction to and from remote locations via telepresence. The LAAFCA has
applied for and received UASI grant funding on behalf of its member agencies to establish a
regional network of SMART Classrooms. Under the UASI 2012 grant, the City of Long Beach
will be the sub - recipient of the grant funds and will be responsible for the fiscal portion of the
10
79
grant including developing the request for proposals; accepting bids, paying for the projects; and
then receiving the grant reimbursable funds for the installation of the systems and a 3 year
extended warranty on behalf of the Cities of El Segundo, Long Beach, Monterey Park and
Pasadena Fire Departments.
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MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF LONG BEACH,
LOS ANGELES AREA FIRE CHIEFS ASSOCIATION (LAAFCA)
AND THE CITY OF EL SEGUNDO
1. Parties. This Memorandum of Understanding ( "MOU ") is made and
entered into by and between the City of Long Beach, the Los Angeles Area Fire Chiefs
Association ( "LAAFCA "), and the City of El Segundo, collectively referred to as the
11 "Parties ".
2. Purpose. The purpose of this MOU is to establish a collaborative
relationship with respect to LAAFCA's Regional Fire Departments Smart Classroom
Project.
3. Scope. The scope of this MOU includes all related planning,
implementation, site management, site administration, maintenance, support and
reporting activities to be undertaken by the Parties associated with the hardware,
software and equipment (the "System ") to be implemented under a separately executed
Agreement between the City of Long Beach and AWARDED VENDOR for purchase and
implementation of the System. (Agreement No. , "Agreement Between the City
of Long Beach and AWARDED VENDOR for all Hardware, Software, Equipment, and
Services Related to the Regional Fire Departments Smart Classroom Project "). LAAFCA
and the City of El Segundo acknowledge and represent that they have reviewed such
Agreement.
4. Access. By executing this MOU, the City of El Segundo, hereby
grants all necessary access to the City of El Segundo's premises during normal business
hours, unless mutually agreed upon, located at to
I authorized personnel and subcontractors of AWARDED VENDOR for purposes of
providing its services under Agreement No.
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5. Term. The term of this MOU shall be from the date of execution
through , unless the System is replaced or upgraded prior to that date.
6. Financial Provisions. The City of Long Beach received
$ in Urban Area Security Initiative (UASI) federal grant funding for purchase
and implementation of the System, and a 3 -year extended warranty for the System.
7. Responsibilities of the City of Long Beach, As the grant recipient, the
City of Long Beach is primarily responsible to the granting authority for ensuring that the
System is implemented according to the prescribed schedule dictated by the granting
authority, and maintaining accurate records of all System components for purposes of
periodic reports to the granting authority. The City of Long Beach will identify, in writing to
the other Parties, a primary and secondary site manager and /or site technician to
coordinate with the designated LAAFCA representatives described in Section 8 below,
who will be appointed as primary and secondary site managers and/or site administrators
I for each of the locations identified above.
8. Responsibilities of LAAFCA. The System is part of LAAFCA's
Regional Training Group's Regional Fire Service Training Strategic Plan, and LAAFCA is
responsible for designating, in writing to the other Parties, primary and secondary site
managers and /or site administrators at each location identified above. LAAFCA is also
responsible for ensuring coordination of the Parties on an ongoing basis once
implementation of the System is complete, as well as determining short and long -term
i goals, policies, and procedures related to System use, training, and all other ongoing
activities related to the System.
9. Responsibilities of the City of El Segundo. In addition to the other
responsibilities detailed in this MOU, the City of El Segundo is responsible for pickup and
delivery of all System components designated for installation at the City of El Segundo's
locations, providing access to the other Parties as necessary for appropriate inventory
2
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I and management of the System, ensuring timely responses to City of Long Beach and
LAAFCA representatives related to requests for documentation or other relevant
information or actions.
10. Points of Contact. Each Party is responsible for designating, in
writing to the other Parties, at least one primary and one secondary points of contact,
which may or may not be the primary and secondary site managers and /or site
administrators. These points of contact shall be responsible for providing the Parties with
requested information, responses, coordination, access, and other activities and may
change from time to time. Each Party is responsible for immediately reporting a change in
a point of contact to the other Parties, and designating a temporary or permanent
replacement contact.
11. Confidential / Proprietary Information. Pursuant to this MOU, the
Parties may provide each other with confidential or proprietary information, and /or access
to confidential or proprietary information including public safety information (the
"Information "), which may be obtained pursuant to a License Agreement with a third
party, or which is the proprietary information of one of the Parties, and which is not
publicly known. The Parties shall hold the Information private and confidential, and shall
not: (a) use the Information, nor cause the Information to be used for any purpose other
than in performance of its duties under this MOU, (b) participate in the wrongful use,
illegal use, or unauthorized disclosure of the Information, or (c) sell, release, free trade,
assign, or provide access to the Information, directly or indirectly, to third parties, except
as may be required by law, or as the City of Long Beach needs to disclose to AWARDED
VENDOR for successful completion of its services under the Agreement.
12. Notification. The City of El Segundo will immediately notify the other
Parties upon discovery of any damaged, lost or stolen System components, and will
coordinate any replacement or repair with the other Parties to ensure accurate reports to
the granting authority.
3
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13. Termination. This MOU may only be terminated prior to the
expiration of the term of this MOU by mutual agreement of the Parties in writing. If this
MOU is terminated prior to expiration of the MOU term, the City of El Segundo shall
return to the City of Long Beach all hardware, software and equipment delivered and
installed by AWARDED VENDOR pursuant to Agreement No, with the City of
Long Beach for purposes of redeployment and reporting to the grant authority.
14. Independent Contractor / No Agency. No Party shall have control
over the conduct of another Party in connection with such Party's manner of performance
of its obligations hereunder. No Party is an agent of another Party, and No Party shall, at
any time, or in any manner, represent that it is an agent of another Party.
15. Governing Law. The interpretation and implementation of this
Agreement shall be governed by the domestic law of the State of California.
16. Counterparts. This Agreement may be executed in counterparts
(each of which shall be deemed to be an original but all of which taken together shall
constitute one and the same agreement) and shall become effective when one or more
counterparts have been signed by each of the Parties and delivered to the other Party.
17. Entire Agreement. This MOU represents the entire integrated
agreement between the Parties and supersedes all prior negotiations, representations or
agreements, either written or oral. This Agreement may be amended only by a written
instrument signed by all Parties.
18. Severability. Invalidation of any provision contained herein or the
application thereof to any person or entity by judgment or court order shall in no way
affect any of the other covenants, conditions, restrictions, or provisions hereof, or the
application thereof to any other person or entity, and the same shall remain in full force
and effect.
4
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- signatures.
IN WITNESS WHEREOF, the Parties execute this MOU on the date of their
2013 By
MIKE DUREE
Fire Chief
City of Long Beach
2013 By
SCOTT FERGUSON
Vice President / Grants Coordinator
Los Angeles Area Fire Chiefs Association
2013 By
Name:
Title:
City of El Segundo
5
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EL SEGUNDO CITY COUNCIL
AGENDA STATEMENT
AGENDA DESCRIPTION:
MEETING DATE: August 6, 2013
AGENDA HEADING: Consent Agenda
Consideration and possible action to accept donation of materials and labor from Alex
Kirby to enhance the grass area at Camp Eucalyptus for his Boy Scout Eagle Project.
(Fiscal Impact: $200 for City improvements)
RECOMMENDED COUNCIL ACTION:
1. Approve to accept donation of materials and labor from Alex Kirby;
2. Adopt a Resolution that includes approval of the project's plan;
3. Authorize the City Manager to execute a contract with Alex Kirby's parent or
guardian in a form approved by the City Attorney; and/or
4. Alternatively, discuss and take other action related to these items.
ATTACHED SUPPORTING DOCUMENTS:
1. Proposal from Alex Kirby;
2. Resolution.
FISCAL IMPACT: $200 for City improvements
Amount Budgeted: $N /A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Vina Ramos, Administrative Analyst VIL
REVIEWED BY: Bob Cummings, Director of Recreation and Parks
APPROVED BY: Greg Carpenter, City ManagerP
BACKGROUND AND DISCUSSION:
On July 3, 2013, Eagle Scout candidate Alex Kirby submitted a proposal to the Department of
Recreation and Parks to replace the grass area at Camp Eucalyptus. The Girl Scouts organization
supports the proposal of enhancing the visual appearance of the current area by replacing the
grass with a low growing red apple ice plant. Alex will work with approximately twelve
volunteers with a $200 budget for supplies and materials.
Staff recommends accepting the donation of materials and labor from Alex Kirby. To work on
public property, Alex Kirby and his parent /guardian will be required to enter into an agreement
with the City in a form approved by the City Attorney and provide insurance requirements.
1 81
Alex Kirby
Eagle Scout Service Project
Eagle Scout Service Project
Camp Eucalyptus, El Segundo
Introduction
Camp Eucalyptus is located near the center of El Segundo and is used by 8 different Girl Scout
troops as well as being open on both weekdays and weekends to facilitate special events and
campouts. A portion of the camp is a possible safety hazard to those who use it.
Purpose
My eagle scout project involves replacing an area of grass with a low- growing ice plant (red
apple ice plant) providing the following long -term improvements to the area
1. Safety- the ice plant will deter children from playing on the raised area, preventing risk of
falling and tripping on the uneven ground.
2. Water conservation -
3. Hardy- the particular strain of ice plant which will be used is well known for it's ability to
survive in almost any soil condition.
4. Aesthetic- Looks better than dead grass, especially when in bloom.
Plan
The general idea of form of the labor is an assembly line. Tools will go through the area, one or
two at a time which will then be passed on to the next group, allowing all the scouts to
experience working with each tool
1. 2 hoes to loosen dirt and uproot grass
2. 2 rakes to uproot any remaining grass and to put it all in one place
3. Gloves and trash bags to get all the grass out of the area
4. Spreader to distribute fertilizer
5. 2 Shovels to even out dirt
6. Rakes again to get the area very flat
7. Tie strings to fences and pull acrossed to serves as an area map for planting
8. plant wherever two strings cross
9. clean up
Thank you for your time
M
RESOLUTION NO.
A RESOLUTION APPROVING THE DESIGN AND PLANS TO
ENHANCE GRASS AREA AT CAMP EUCALYPTUS LOCATED AT 641
CALIFORNIA STREET PURSUANT TO GOVERNMENT CODE § 830.6
AND AUTHORIZING THE CITY MANAGER TO EXECUTE A
CONTRACT WITH ALEX KIRBY'S PARENT OR GUARDIAN.
The City Council of the City of El Segundo does resolve as follows:
SECTION 1: The City Council finds and declares as follows:
A. On July 3, 2013, the City received a proposal by Alex Kirby
( "VOLUNTEER ") to enhance grass area at Camp Eucalyptus (the
"Project ");
B. The Project consists of replacing an area of grass with a low- growing red
apple ice plant.
C. VOLUNTEER proposes to donate all materials and labor for the Project.
The City would not incur any cost;
D. Based upon information supplied by the VOLUNTEER and Recreation &
Parks staff, the Council understands and believes that the total value of
the materials would be $200 and will utilize approximately 12 community
volunteers for the labor.
E. Ordinarily, the City would need to comply with the competitive bidding
requirements set forth in the California Public Contracts Code for this type
of project,
Tom_ r such i_ i favoritism,
F. f Iie purpose of such bidding req`uiremnents is o guard against favori ism,
improvidence, extravagance, fraud and corruption, to prevent waste of public
funds, and to obtain the best economic result for the public;
G. The facts and circumstances of this Project, however, demonstrate that
competitive bids would be unavailing or would not produce an advantage,
and the advertisement for competitive bid would thus be undesirable and
impractical for the following reasons:
There is, at most, only a nominal cost to the public for the reason
that VOLUNTEER will donate all materials and labor;
2. VOLUNTEER will not receive any public funds for completing the
Project;
3. VOLUNTEER's only motivation in constructing the Project is to
accomplish charitable works for the City;
Page 1 of 3 88
4. It is improbable that any other private contractor can construct the
Project for a lesser amount; and
5. To complete the Project, VOLUNTEER will still be required to
comply with the City's standard contract requirements.
H. In waiving the competitive bid requirements otherwise required by the
SPMC, the City Council takes note of the analysis and decisions set forth
in Graydon v. Pasadena Redevelopment Agency (1980) Cal.App.3d 631;
Hodgeman v. City of ,fan Diego (1942) 53 Cal. App.2 "d 610; Orange
County Water Dist. v. Bennett (1958) 156 Cal. App.2nd 745; and Los
Angeles G &E Corp. v. City of Los Angeles (1922) 188 Cal. 307;
The City Engineer designed the Project and prepared the Project's plans
and specifications. The plans are now complete and the Project may be
constructed;
J. The City Council wishes to obtain the immunities set forth in Government
Code § 830.6 with regard to the plans and construction of the Project; and
K. In accepting VOLUNTEER's donation of the Project, the City notes that
Labor Code § 1720.4 specifically exempts work performed by volunteers
from payment of prevailing wages. In addition, the Department of
Industrial Relations ( "DIR ") has determined that prevailing wages need not
be paid for the Project (see DIR Decision No. 98 -004 dated June 10, 1998
[donated pergola on city property]; and DIR Decision No. 99 -058 dated
January 7, 2000 [volunteer labor]). Accordingly, the Project is not a
"public work" under the Labor Code and twenty volunteers need not be
paid prevailing wages.
SECT ION 2: Des ign Immunity.
A. The design and plans for the Project are determined to be consistent with
the City's standards and are approved.
B. The design approval set forth in this Resolution occurred before actual
work on the Project construction commenced.
C. The approval granted by this Resolution conforms with the City's General
Plan.
D, The approval and authorization granted by this Resolution is intended to
avail the City of the immunities set forth in Government Code § 830.6.
SECTION 3: Authorizations.
A. The City Engineer, or designee, is authorized to act on the City's behalf in
Page 2 of 3 89
approving any alterations or modifications of the design and plans
approved by this Resolution.
B. The City Manager is authorized to execute a contract with VOLUNTEER
for construction of the Project in a form approved by the City Attorney.
SECTION 4: The City Clerk is directed to certify the adoption of this Resolution.
SECTION 5: This Resolution will become effective immediately upon adoption.
PASSED AND ADOPTED this 6th day of August, 2013,
ATTEST:
Tracy Weaver, City Clerk
APPROVED AS TO FORM:
Mark D. Hensley, City Attorney
Karl H. Berger, Assistant City Attorney
Bill Fisher, Mayor
Page 3 of 3 90
EL SEGUNDO CITY COUNCIL
AGENDA STATEMENT
AGENDA DESCRIPTION:
MEETING DATE: August 6, 2013
AGENDA HEADING: Consent Agenda
Consideration and possible action regarding 1) Approval of a title change from Management
Analyst — Payroll to Management Analyst for the current classification. Fiscal Impact: None
RECOMMENDED COUNCIL ACTION:
1. Approve the proposed title change.
2. Alternatively, discuss and take other action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
1. Classification Specification including proposed title change
FISCAL IMPACT: None
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Lisa Jenkins, Senior Human Resources Analyst
REVIEWED BY: Martha Dijkstra, Director of Human Resource
ZIA
APPROVED BY: Greg Carpenter, City Manager.
BACKGROUND AND DISCUSSION:
In anticipation of the recruitment, testing, and selection process to fill a Management Analyst
position within the Public Works Department, staff has determined the need to change the class
specification title to more accurately reflect the general nature of the classification. While the class
specification accurately represents the duties, responsibilities, and requirements, the title change will
allow for the classification to be appropriately allocated to any department /division requiring a
Management Analyst position.
12
91
City of El Segundo, CA
MANAGEMENT ANALYST (PAVani i 4
Job Description
Definition: Under general supervision, provides and coordinates professional administrative,
analytical and /or financial management support to department, grant or contract operations
and /or programs.
Essential Functions: Essential functions, as defined under the Americans with Disabilities Act,
may include the following duties and responsibilities, knowledge, skills and other characteristics.
This list of duties and responsibilities is ILLUSTRATIVE ONLY, and is not a comprehensive
listing of all functions and tasks performed by positions in this class.
Characteristic Duties and Responsibilities:
Positions in this classification typically perform a full range of duties at a level of complexity
represented by the following types of responsibilities:
Coordinates and facilitates administrative and /or management functions including accounting,
purchasing, payroll and related activities for a department, program, grant or contract;
administers designated contract or grant- funded program activities; assesses and evaluates
departmental organization, budget, staffing and management practices; participates in the
development of department goals and objectives.
Performs complex financial management services for a City department, grant, contract and /or
program; responsible for payroll activities including but not limited to taxes, benefits and other
related payroll activities; participates in budget development and preparation; monitors and
analyzes budget related activities; identifies trends and practices.
Conducts research and statistical analyses; prepares and presents reports of findings and
recommendations; prepares correspondence, policies, procedures, handbooks, manuals, rules
and regulations, resolutions or publications relating to administration, finance, staffing and /or
operations.
Provides administrative and management assistance to department executives, management,
other City personnel regarding administrative, fiscal or operational issues, collective bargaining,
and other policies and procedures.
Provides professional -level staff support to departmental committees, boards and other groups,
including coordinating meeting schedules and agendas, facilitating meetings, etc.; represents
the department at meetings and commits the department to a course of action; may coordinate
and facilitate Citywide functions and events.
Responds to inquiries from other City employees and the public regarding department
management, administration and /or operations; provides public and media relations for
programs and advisory committees, including developing and producing promotional and
information materials.
07 IORevision 07110; Title change 08113
92
Management Analyst (Payroll)
Characteristic Duties and Responsibilities (Continue
Recruits, hires, schedules, assigns, monitors and evaluates staff; provides for and /or conducts
staff development; establishes work methods and standards; initiates corrective and /or
disciplinary action and responds to grievances and complaints according to established
personnel policies and procedures and in consultation with Human Resources.
Knowledge, Skills and Other Characteristics:
Knowledge of principles of municipal administration and budget development.
Knowledge of organization and functions of the assigned municipal department.
Knowledge of computer applications in administrative functions.
Knowledge of related laws, ordinances and regulations.
Knowledge of principles of research, statistical analysis and report preparation.
Knowledge of principles and practices of supervision.
Skill in performing complex professional level administrative and analytical work.
Skill in interpreting and applying laws, ordinances and policies.
Skill in conducting research, analyzing statistical and other data, and preparing and presenting
reports.
Skill in providing information and explaining laws, policies and procedures to others.
Skill in communicating effectively orally and in writing.
Skill in establishing and maintaining effective working relationships with other department staff,
other City employees and the public.
Qualifications:
A Bachelors degree in Business Administration, Accountancy, Public Administration or a closely
related field, and three (3) years of increasingly responsible administrative /management
experience, or an equivalent combination of education and experience.
PSR6 2 Revised 07/10; Title change 08113 93
EL SEGUNDO CITY COUNCIL MEETING DATE: August 6, 2013
AGENDA STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action regarding approval of a contract amendment for
Aerotek, Inc for additional temporary staffing services in the RSI Program for an
administrative specialist and in the Public Works Streets Division for Street Maintenance
Work. (Fiscal Impact: $30,000.00)
RECOMMENDED COUNCIL ACTION:
1. Authorize the City Manager to execute a contract amendment, in a form approved by
the City Attorney, with Aerotek, Inc. for additional temporary staffing services; or
2. Alternatively, discuss and take other action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
None
FISCAL IMPACT: Included in Adopted Budget
Amount Budgeted: $30,000.00
Additional Appropriation: No
Account Number(s): 116 - 400 - 0000 -6214 (RSI Program: Professional /Technical)
501- 400 - 7102 -6206 (Water Division: Contract Services)
ORIGINATED BY: James S. O'Neill, RSI Program Manage
REVIEWED BY: Stephanie Katsouleas, Director Pub ork
APPROVED BY: Greg Carpenter, City Manager.
BACKGROUND AND DISCUSSION:
On March, 1, 2012, El Segundo entered into a six month, on -call service agreement with
Aerotek, Inc. to provide temporary ctaff;ng services for an amount not to exceed $25,000.
On September 18, 2012, as part: of the approval of ongoing agreements and blanket purchase
orders, staff was authorized to extend the ongoing professional service Agreement (4269) with
Aerotek to September 30, 2013 to continue providing temporary staffing services for the Public
Works Department, with a new, not to exceed budget of $50,000 for FY 2012 -13. The
amendment also authorized the increase of individual task orders from a "not to exceed" cap of
$10,000 to $50,000.
On February 5, 2013 City Council authorized a second contract amendment with Aerotek to
increase the budget by an additional $50,000, for a new total amount of $100,000 for Public
Works continued temporary staffing needs in Streets, Water and General Services.
At this time, staff is requesting authorization to execute a third contract amendment for $30,000,
in a form approved by the City Attorney, for Aerotek to provide additional temporary staffing
services. This amount includes $15,000 in temporary staffing for the RSI Program, which will
be funded by grants from the Federal Aviation Administration and Los Angeles World Airports, 13
and an additional $15,000 for continued temporary staffing for the Public Works Department.
94
EL SEGUNDO CITY COUNCIL
AGENDA STATEMENT
F.T" 2-117:Df.Ylt7 1111) � F
MEETING DATE: August 6, 2013
AGENDA READING: New Business
Consideration and possible action regarding the presentation of fiscal year 2012 -13 Third
Quarter Financial Review and presentation of the fiscal year 2013 -14 Preliminary
Operating Budget. (Fiscal Impact: none)
RECOMMENDED COUNCIL ACTION:
1.) Receive and file FY 2012 -13 Third Quarter Financial staff report.
2.) Receive and file FY 2013 -14 Preliminary Operating Budget.
3.) Publish announcements of the key budget dates:
a) Public Hearing September 3, 2013, 7:00 p.m.
b) Continued Public Hearing and Adoption September 17, 2013, 7:00 p.m.
4.) Alternatively discuss and take other action related to these items.
ATTACHED SUPPORTING DOCUMENTS:
n/a
FISCAL IMPACT: None
Amount Budgeted: $0
Additional Appropriation: N/A
Account Number(s): None
ORIGINATED BY: Steve Jones, Business Services Manager
Angelina Garcia, Fiscal Services Manager
REVIEWED BY: Deborah Cullen, Director of F' ce ILI
APPROVED BY: Greg Carpenter, City Manager
BACKGROUND AND DISCUSSION:
Staff has reviewed all revenues and expenditures for third quarter Fiscal Year 2012 -2013, with
an emphasis on the General Fund, to determine if all sources and uses are on target with the
originally adopted budget and to highlight any areas that may end the fiscal year significantly
above or below budget. As we review the third quarter results and present the Preliminary FY
2013 -2014 Budget, we will focus on the continuing fluctuations in major revenues within the
General Fund Operating Budget and the leading causes. This report also includes the actions that
have been taken by staff to address the stagnant revenues and operate with a significantly smaller
expenditure budget.
14
95
Third Quarter Financial Review Fiscal Year 2012 -2013
General Fund Revenues
The following is a list of major General Fund revenues and the performance of each source
through the third quarter:
Table 1: General Fund Revenues
Revenue Source
Prior Year
Through
613012012
Current Year
Through
613012013
FY 2012-
2013 Adopted
Budget
% of
Budget
Received
FY2012-
2013
Year -end
Estimate
Variance
Over/
(Under)
FY2012-
2013
Budget
Business License
10,054,885
9,958,128
10,306,800
96.62%
10,028,000
- 278,800
Sales & Use Tax
6,138,223
4,448,657
6,620,000
67.20%
6,800,000
180,000
Sales Tax in Lieu
2,773,604
2,651,923
1,948,900
136.07%
2,652,000
703,100
Property Tax
5,167,036
5,827,231
6,000,000
97.12%
6,130,000
130,000
Transient Occupancy (TOT)
3,182,494
3,410,467
5,100,000
66.87%
5,100,000
0
Charges for Services
4,249,949
3,395,776
4,169,300
81.45%
4,360,696
191,396
Electric Utility Tax
2,236,694
2,179,663
3,200,000
68.11%
3,200,000
0
Franchise Tax
2,361,937
2,248,235
2,400,000
93.68%
2,340,000
- 60,000
Cogeneration Electric
657,730
890,241
1,350,000
65.94%
1,334,000
- 16,000
License & Permits
1,273,335
1,206,942
1,446,200
83.46%
1,554,500
108,300
Gas Utility Tax
527,347
1,193,389
750,000
159.12%
1,600,000
850,000
Tax Resolution Agreement
0
0
0
0
5,682,000
5,682,000
Interest on Investments/Rentals
310,599
- 45,090
240,000
- 18.79%
210,000
- 30,000
Other Revenues
3,237,950
3,275,580
4,081,100
80.26%
3,932,850
- 148,250
Total General Fund Revenues
Net of Transfers
42,171,784
40,641,141
47,612,300
85.36%
54,924,046
7,311,746
Transfers In
1,200,000
3,435,003
4,580,000
75.00%
4,580,000
0
Total General Fund Revenues
43,371,784
44,076,144
52,192,300
84.45%
59,504,046
7,311,746
Business License Tax is the City's largest General Fund revenue source, accounting for 18% of
general fund revenues. The majority of this revenue stream is collected in January and February.
Based on the revenues received in the first 9 months of the fiscal year, this category is projected
to fall short by approximately $278,800 of the adopted budget. This under performance is
primarily due to a decrease in employee headcount of approximately 2,000 employees in the
City's business sector.
.,
Business License Tax
FY 2012 Actual Revenue: $10,145,241
FY 2013 Adopted Budget: $10,306,800
FY 2013 Yearend Estimate: $10,028,000
Sales & Use Tax and Sales Tax in Lieu combined is the City's second largest revenue source,
accounting for 17% of the General Fund revenues. Sales and Use Tax receipts for the City's
April through June receipts (1st quarter sales January — March 2013) were 3.0% lower than the
same quarter last year. Actual sales activity decreased 4.7% after accounting aberrations were
factored out. A current period correction of a miscoded allocation error along with declining fuel
consumption depressed fuel and service station receipts and was primarily responsible for the
overall decrease. Yearend estimates track slightly over budget and show a projected decrease
over FY 11/12 yearend of $1,050,000. Adjusted for reporting aberrations, taxable sales for all of
Los Angeles County showed an increase compared to first quarter last year of 4.9% while the
Southern California region as a whole was up 6.5 %.
Sales Tax in Lieu is received in two payments each year (January and May). These estimated
payments from the State Board of Equalization are based on prior year actuals, and although it is
ending the year over budget by $703,100, the FY 13/14 payment will be reduced based on FY
12/13 actuals.
Sales & Use Tax
FY 2012 Actual Revenue: $7,849,633
FY 2013 Adopted Budget: $6,620,000
FY 2013 Yearend Estimate: $6,800,000
Sales Tax in Lieu
FY 2012 Actual Revenue: $2,773,604
FY 2013 Adopted Budget: $1,948,900
F Y 2V 13 Y earend Estlnlate: $2, 652,VVV
Property Tax is currently 12.7% or $660,195 more than the same period last year and is
projected to end the year approximately $130,000 over budget. The City has experienced a net
taxable value increase of 2.7% for the 2012 -2013 tax roll, which was slightly more than the
increase experienced countywide at 2.1 %. The assessed value increase between 2011 -2012 and
2012 -2013 was $254 million, which contributed to the overall increase in assessed value this
year. The change attributed to the 2% Proposition 13 inflation adjustment was $156 million,
which accounted for 61 % of all growth experienced in the city.
Property Taxes
FY 2012 Actual Revenue: $5,946,167
FY 2013 Adopted Budget: $6,000,000
FY 2013 Yearend Estimate: $6,130,000
97
Transient Occupancy Tax (TOT) is currently 7.1% or $227,973 above the same period last
year, with 66.8% of budget received. This revenue is rebounding as the economy improves due
to increased occupancies and room rates. At this time TOT appears to be on target to meet
budget. Staff will continue to monitor and report any changes due to the economic conditions at
yearend.
Transient Occupancy Tax
FY 2012 Actual Revenue: $4,735,585
FY 2013 Adopted Budget: $5,100,000
FY 2013 Yearend Estimate: $5,100,000
Charges for Services includes Zoning and Planning fees, Plan Check fees, Plan Retention fees,
Energy Plan Check fees, and Planning Service fees and have a combined budget of $4,169,300.
The City has received $3,395,776 or 81.45% combined through third quarter. At this time staff
is estimating this revenue group to end the year approximately $191,000 over budget.
Charges for Services
FY 2012 Actual Revenue: $ 5,220,232
FY 2013 Adopted Budget: $ 4,169,300
FY 2013 Yearend Estimate: $ 4,360,696
Electric Utility User's Tax is estimated to come in on budget. As of June 30, 2013, this
revenue source is at 68.11% of the Adopted Budget. Based on staff research, electric rates have
increased in June between 4 -5% depending on a customer's class rate. However, there has been
a continued decrease in usage from the commercial /industrial sector. The fourth quarter has
consistently been the highest quarter for the fiscal year due to increased usage in summer.
Electric Utility User's Tax
FY 2012 Actual Revenue: $3,233,215
FY 2013 Adopted Budget: $3,200,000
FY 2013 Yearend Estimate: $3,200,000
Franchise Tax is another one of the City's major revenue sources that has been impacted by the
fluctuating price of natural gas. This year's annual payment from the two top tax producers was
$126,618 less than last year's payment primarily due to a decrease in water pumping and low
natural gas prices last year. These two companies account for approximately 84% of the total
revenue received in this category and payments are made to the City once each year. However,
this revenue category is down approximately $1.24 million compared to its high in FY 2008 -09.
Franchise Tax
FY 2012 Actual Revenue: $2,455,099
FY 2013 Adopted Budget: $2,400,000
FY 2013 Yearend Estimate: $2,340,000
98
Cogenerated Electric Utility User's Tax is estimated to come in lower than budget by $16,000
attributable to the newest cogenerated unit having a delayed startup. This revenue is projected to
end the year approximately $463,000 higher than FY 2012 yearend.
Cogenerated Electric Utility User's Tax
FY 2012 Actual Revenue: $ 871,155
FY 2013 Adopted Budget: $1,350,000
FY 2013 Yearend Estimate: $1,334,000
License and Permits revenue stream is tracking at 83.46% of the estimated budget at third
quarter, and is anticipated to end the year over budget by $108,300 due to an increase in
anticipated building permits.
License and Permits
FY 2012 Actual Revenue: $ 1,709,809
FY 2013 Adopted Budget: $ 1,446,200
FY 2013 Yearend Estimate: $ 1,554,500
Gas Utility Tax is currently at 159.12% of budget. This revenue source continues to be difficult
to forecast based on the uncertainty of the local power plant being called into the grid along with
the fluctuation of the price of natural gas. In addition, there has been increased usage at the old
portion of the power plant due in part to the San Onofre power plant closure. The new portion of
the power plant is expected to go online in August 2013.
Gas Utility Tax
FY 2012 Actual Revenue: $ 921,732
FY 2013 Adopted Budget: $ 750,000
FY 2013 Yearend Estimate: $1,600,000
Interest on Investments continues to experience a significant reduction due to the current
economic crisis and the result of the Federal. Reserve Bank's rate red'u'ction in shoii ter=n and
long -term interest rates. Currently, the City's portfolio is invested in Local Agency Investment
Funds (LAIF) (31.4% of the portfolio value), money market accounts (0.2% of the portfolio
value), negotiable CD's (20.1% of the portfolio value), miscellaneous securities (8.7% of
portfolio value), and Federal Agency Issues (39.6% of the portfolio value). The average return
on our Federal Agency Issues through the quarter was 1.0 %, and LAIF was 0.24 %, with the total
average return for entire portfolio being 0.65 %. LAIF is predicted to continue to return 0.24% or
less through the end of the year. It is estimated interest income will be $30,000 less than the
budgeted amount and property rentals are expected to be on target with budget.
Interest on Investments/Property Rentals
FY 2012 Actual: $ 393,720
FY 2013 Adopted Budget: $ 240,000
FY 2013 Yearend Estimate: $ 210,000
I'
Estimated Revenues for Enterprise Funds
Revenues in the Water, Sewer, and Golf Course Funds are expected to be on target with budget
at year end.
Water Fund
FY 2012 Actual Revenue: $23,384,237
FY 2013 Adopted Budget: $24,936,300
FY 2013 Yearend Estimate: $24,936,300
Sewer Fund
FY 2012 Actual Revenue: $ 3,280,558
FY 2013 Adopted Budget: $ 4,170,400
FY 2013 Yearend Estimate: $ 4,170,400
Golf Course Fund
FY 2012 Actual Revenue: $ 1,919,743
FY 2013 Adopted Budget: $ 2,048,000
FY 2013 Yearend Estimate: $ 2,048,000
General Fund Expenditures
With 9 months or 75% of the year completed, the General Fund Expenditures total $38,800,000,
or 74.34% of the 2012 -2013 Adopted Budget. Based on current year estimates (shown below), it
is projected that we will end the year with $53,878,430 in General Fund Expenditures. This is an
increase of $1,378,350 over the estimates presented at the April 30, 2013 Strategic Planning
Session (SPS). Since then, the following council- approved items have been incorporated in the
yearend estimates:
Table 2 — General Fund Expenditures —FY 2012 -2013
Changes in Estimates
General Fund Ex I)end it tires
Estimates
Yearend Estimates, as reported at Midyear:
$52,500,080
Cancel OPEB Drawdown:
1,000,000
Emergency Roof Repairs:
378,350
Total:
The cancellation of the Other Post - Employment Benefits (OPEB) Drawdown was approved at
the April 30d' SPS. The Emergency Roof Repairs were approved at a regular City Council
Meeting held on April 2nd, 2013. Staff recommended the above changes based on the resolution
of the tax agreement with Chevron.
100
The General Fund expenditures through June 30, 2013 are illustrated in the following table:
Ta
ble 3 — General Fund Expenditures by
Department — Current Year Compared to Prior Year
Third
Third
Change
Change
Quarter
Quarter
from PY
from PY
YTD
YTD
Third
Third
De artment
11/12
12/13
Quarter
Quarter
Elected Officials
$672,239
$641,314
$ (30,925)
-4.60%
Administrative Support
3,223,198
2,690,293
(532,905)
- 16.53%
Police
11,764,909
11,611,592
(153,317)
-1.30%
Fire
10,191,795
9,612,679
(579,116)
- 5.68%
Communications Center
990,468
986,500
(3,968)
-0.40%
Planning Building Safety
1,855,105
1,628,991
(226,114)
- 12.19%
Public Works
3,435,578
3,634,747
199,169
5.80%
Recreation and Parks
3,600,884
3,506,530
(94,354)
-2.62%
Library
1,545,972
1,542,400
(3,572)
-0.23%
Nondepartment
3,488,243
2,853,156
(635,087)
- 18.21%
Transfers to Other Funds
369,925
92,568
(277,357)
- 74.98%
Total General Fund
Expenditures
41,138,316
38,800,770
(2,337,546 )
-8.46%
As demonstrated in Table 3, the City has been able to save $2.3 million or approximately 8.46%
compared to the first nine months of Fiscal Year 2011 -2012.
Attributed to these savings are:
1. $708,200 reduction in Vacation/Sick Leave Payouts when compared to Third Quarter
2012; In FY 2011 -2012, there were approximately 9 retirements in the safety groups.
Upon retirement, their vacation/sick leave balances were liquidated.
2. $1,072,500 savings from the cancellation of the FY 2012 -2013 Equipment Replacement
Charge incurred by most City departments. The annual amount of this charge to the
General Fund is $1,430,000.
3. $277,350 reduction in transfers to other funds.
101
Table 4 — Fiscal Year 2012 -2013 Budget v. Projected Year -end — General Fund
Department
Third
Quarter
12/13
Adopted
12/13
%
Expended
YTD
Yearend
Estimate
12/13
Over
(Under)
Budget
Elected Officials
$641,314
$818,369
78.36%
$ 818,369
-
Administrative Support
2,690,293
3,784,723
71.08%
3,766,223
(18,500)
Police
11,611,592
15,510,640
74.86%
15,566,850
56,210
Fire
9,612,679
12,917,683
74.41%
13,100,650
182,967
Communications Center
986,500
1,389,500
71.00%
1,389,500
-
Planning Building Safety
1,628,991
2,379,823
68.45%
2,379,823
-
Public Works
3,634,747
5,422,235
67.03%
5,422,235
-
Recreation and Parks
3,506,530
4,819,479
72.76%
4,819,479
-
Library
1,542,400
2,210,621
69.77%
2,210,621
-
Nondepartment
2,853,156
2,800,157
101.89%
3,887,480
1,087,323
Transfers to Other Funds
92,568
138,850
66.67%
517,200
378,350
Total General Fund Expenditures
38,800,770
52,192,079
74.34%
53,878,430
1,686,350
The following is summary of General Fund expenditures by major categories:
Elected Officials and Administrative Support Services
The Elected Officials category, which consists of the City Council, City Clerk and City
Treasurer, has expenditures totaling $641,314 or 78.36% of the adjusted budget. It is expected
that this category comes in on target with budgeted amounts.
The Administrative Support category, which includes the City Manager's office, Finance and
Human Resources, has expenditures totaling $2,690,293 or 71.08% of budget. It is expected that
this category comes in slightly under budget at yearend.
Public Safety
The Police Department is projected to come in over budget by approximately $56,211 at
yearend, primarily due to the pension contribution rate increase, beginning on July 1 of this year.
The rate increase was communicated to the City by Ca1PERS subsequent to the FY 2012/2013
budget adoption. Expenditures through the end of the Third Quarter totaled $11,611,592 or
74.86% of budget.
The Fire Department is projected to come in over budget at yearend as well, also because of the
pension contribution rate increase. In addition, there was unexpected overtime, which resulted in
an additional $93,000 in overtime expense. In total, the Fire Department is estimated to exceed
their budget by approximately $182,967. Expenditures through the end of the Third Quarter
totaled $9,612,679 or 74.41% of budget.
The Communications Center is projected to come in at budget at yearend. Expenditures through
the end of the Third Quarter totaled $1,301,106 or 91.62% of budget. This category is expected
102
to come in within budget as all contractual payments have been made for the remainder of this
fiscal year.
Planning and Building Safety
Expenditures through the end of the Third Quarter totaled $1,628,991 or 68.45% of the budget.
This department continues to maximize staffing efficiency with consultant resources; this, in turn
enables them to more effectively control expenditures when necessary due to the uncertain
economic conditions and fluctuation in the volume of permit applicants. This department is
projected to come in on target with budget at year -end.
Public Works
This function's General Fund divisions consist of Government Buildings, Engineering, Street
Services, Street Maintenance, Traffic Safety, Solid Waste Recycling, Wastewater, Storm Drains,
Equipment Maintenance and Administration. Expenditures through the end of the Third Quarter
totaled $3,634,747 or 67.03% of budget.
Recreational, Cultural and Information Services
The Recreation, Cultural and Information Services function includes the Recreation and Parks
Department and the Library Department.
For the first 9 months of the fiscal year, the Recreation and Parks department is slightly below
budget with actual expenditures at $3,506,530 or 72.76% of budget. Currently, the Parks
Division is at $1,414,394 or 77.03% of budget and the Recreation Division is at $2,092,136 or
70.12% of budget. It is expected that this department will come in on target with budget at
yearend.
Library Services is on target with budget at $1,542,400 or 69.77% of expenditures realized
mi1_ _ �-,+ A c +L is department wi' il
core iif on u1UUg11 L1110 fu�L 7 months oF tL Le fiscal year. I + I h +
target with budget at yearend.
Nondepartment
Nondepartment is projected to end the year over plan by $1,087,322. As mentioned in the
discussion for Table 1, at the April 30th SPS, Council gave staff direction to cancel the FY 2012-
2013 OPEB Drawdown of $1,000,000. This is a drawdown from the OPEB Trust the City has
funded with Ca1PERS. Per the terms of the trust agreement with Ca1PERS, the City can draw
down from its trust to pay for retiree health benefit premiums. By cancelling the scheduled
drawdown, the City incurs the full health benefit premium, and maintains its full balance in the
Ca1PERS Trust, which helps reduce the long -term liability.
103
Summary
This Third Quarter review shows that the approved budget realistically forecasted revenues and
expenses and staff has been managing operations within the constraints of the current budget.
Staff will continue to identify expenditures savings and continue to implement cost reduction
measures in an effort to reduce or eliminate the estimated shortfall.
FY2013 -2014 PreliuxinaiT Bud et
Initial planning for the FY 2012 -2013 budget started in April 2013. The first of two Strategic
Planning Sessions (SPS) was held on April 30, 2013. The second SPS was held on June 27th. At
this session, staff presented an update to the FY 2011 -2012 General Fund Yearend Projection, as
well as the Preliminary FY 2012 -2013 General Fund Operating Budget.
The Preliminary FY 2012 -2013 Operating Budget has been distributed to Council and has been
made available to the public on August 1, 2013 at the El Segundo Public Library, City Clerk's
Office, and on the City's website at www.elsegundo.org.
General Fund Revenues
Generally revenues are still being impacted by the business sector. The City receives 69% of
its General Fund tax revenues from this sector which is predicted to have very little growth in the
next fiscal year. Overall, the General Fund's core tax revenues are estimated to grow 2.58% or
$929,000 compared to FY 12 -13 yearend estimates.
Below is a summary of the revenue assumptions as compared to yearend estimates:
• Business License Tax — $352,000 net increase over yearend estimates; 3.5% Growth due
to annual CPI change and anticipated reduction of sales and use tax credits which result
in a higher Business License Tax
• Property Tax — Current projection is flat based on pending reassessment appeals
Transient Occupancy Tax (TOT) — Current projection is flat based on 1 x rtaznty with
one of the City's largest hotels and the impact of increased long term stay exemptions
• Sales Tax — $700,000 or 10.3% increase from 2013 estimated yearend; this increase is
primarily due to the resolution of a large misallocation to the City
• Charges for Services — ($145,000) or 3.3% decrease from yearend estimates based on a
forecasted reduction of planning and building safety fees
• Interest on Investments — ($30,000) or 14.3% decrease from yearend estimates primarily
due to low Federal Reserve Rate
• Utility Users' Tax — $256,000 or 3.5% increase from yearend estimates. This revenue
category is still being impacted from the fluctuation of the price of natural gas
• Tax Resolution Agreement — Based on an executed agreement with Chevron USA, the
City is estimating a resolution payment of $5,906,900 in FY 13 -14
• All other revenues remain flat or have very little growth compared to yearend estimates
104
Below is a summary of Preliminary General Fund Revenues for FY 2013 -2014:
Tahle 5 — Fiscal Year 2013 -2014 General Fund Revenues:
Revenue Source
FY2012 -2013
Adopted Bud et
FY 2012 -2013
Yearend
Estimate
FY 2013 -2014
Preliminary
Bud et
Variance Over/
(Under) FY 2012 -
2013 Yearend
Estimate
Business License
$ 10,306,800
10,331,800
10,380,000
48,200
Sales & Use Tax
6,620,000
6,620,000
7,500,000
880,000
Sales Tax in Lieu
1,948,900
2,652,000
2,226,500
(425,500)
Property Tax
6,000,000
6,130,000
6,094,500
(35,500)
Transient Occupancy (TOT)
5,100,000
5,100,000
5,125,000
25,000
Charges for Services
4,169,300
4,196,900
4,215,900
19,000
Electric Utility Tax
3,200,000
3,200,000
3,225,000
25,000
Franchise Tax
2,400,000
2,450,000
2,455,000
5,000
Cogenerated Electric
1,350,000
1,350,000
1,350,000
-
License & Permits
1,446,200
1,586,500
1,477,500
(109,000)
Gas Utility Tax
750,000
1,600,000
1,800,000
200,000
Interest on Investments
240,000
210,000
240,000
30,000
Tax Resolution Agreement
-
5,682,000
5,906,900
224,900
Other Revenues
4,081,100
3,697,600
3,989,800
292,200
Total General Fund Revenues,
Net of Transfers
47,612,300
54,806,800
55,986,100
1,179,300
Transfers In
4,580,000
4,535,000
400,000
(4,135,000)
Total General Fund Revenues
$ 52,192,300
59,341,800
56,386,100
(2,955,700)
Included in the FY 2012 -2013 General Fund Revenues is $4,180,000 in one -time transfers. This
was done in order to balance the budget and in anticipation of resolution of the Chevron Tax
Resolution Ap-reement.
General Fund Expenditures
General Fund expenditure assumptions are as follows, as compared to the prior year adopted
budget:
• Salaries — increase of $972,000 due to:
— COLA Increase - $822,000
— Step increases and longevity /educational incentive premiums - $150,000
• California Public Employees' Retirement System(CalPERS) Rate Increases — $840,000
increase in the discount rate, going from 7.75% return to 7.5 %. This impacts both rates,
safety and nonsafety:
— Safety Rate Increase: $427,300
— Misc Group Rate Increase: $412,700
105
Other Post - Employment Benefits (OPEB)
— Increase due to updated valuation - $239,000 (Using two -year smoothing).
— Full recognition of 100% of Retiree Health Benefit Costs. In the prior year, the
amount budgeted was $1,000,000 lower than the FY 2013 -2014 Preliminary
Budget due to a drawdown of that amount from the City's OPEB Trust. The $1
million was to be withdrawn from the Trust and transferred over to the City's
General Fund as reimbursement of retiree health benefit costs.
• Health Benefits — no increases
• Workers' Compensation — Increase in the insurance premium and a rising' cost of
currently open claims - $546,000
• Reinstatement of 401(a) Match - $214,500 required to be paid out in December of 2013
This is for one labor group and consistent with the terms of their MOU.
• Increase in Vacation/Sick Leave Payouts - $375,000; it is anticipated that more
employees will participate in the 3 -year buy back option which reduces the City's leave
liability by allowing them to cash out before retirement.
• Non - Personnel Costs -Total increase of $2,857,100 or 29%
— Equipment Replacement Cost — Funded at 100% - $1,420,400. This expenditure
has been deferred or underfunded in the last three budget years.
— Restoration of previous expenditure reductions - $284,100
— Storm Drain Mandates - $300,000
— Emergency Preparedness - $80,000
— General Liability — $262,200 - Increase in estimated claims expense for the next
year due to an increased number of outstanding claims. None of the claims to be
paid out in FY 2013 -2014 are expected to exceed the Self- Insured Retention
(SIR).
— Contractual Services — Increase of $150,000;
Reso,.:rces needed for labor negotiations
• Increase in tree maintenance contract
Transfers to other funds - increase of $207,600
— Increase in Transfer to Facilities Maintenance - $175,000
— Increase in Transfers to Community Development Block Grant Fund — $32,600;
During the current fiscal year, the funding agency changed its regulations and
eliminated the ability of agencies to exchange CDBG restricted funds for
unrestricted General Fund monies. Due to this, the funds awarded to the City's
CDBG Fund can no longer be transferred to the General Fund.
• ESUSD Funding -
- $250,000 Cash Contribution
$ 80,000 Crossing Guard Services
— $825,215 in In -Kind Services
106
— In total, the City contributes an estimated $1,155,215 to ESUSD annually.
Staff Priorities
Staff also addressed critical needs identified for Council consideration. These items have been
added to the FY 2013 -2014 Preliminary Budget.
Table 6 — Fiscal Year 2013 -2014 Critical Needs:
Community Service Challenges
FY 2013 -2014
Information Technology Masterplan $55,000
Library - Open Fridays 1 -5pm
Infrastructure Challenges
Tree Maintenance
37,000
50,000
Building Repairs: Library, Parks, City Hall, Fire Station 225,000
Challenges in Financial Stability
Resources Needed for Labor Negotiations 100,000
Quality Workforce Challenges
Citywide Reorganization, Succession Planning & Training 97
Position Additions and Reclassifications
The following Personnel Additions and Reclassifications were presented to City Council during
the Strategic Planning Session. The net cost of these actions is $97,200.
Police Department
— Eliminate Senior Administrative Analyst position
— Add two Full -Time Administrative Specialist Positions
— Eliminate Part-Time Office Specialist Position
• Fiscal Impact — $17,200 Savings
Recreation and Parks Department
— Reclassify one Administrative Analyst position to Senior Administrative Analyst.
• Fiscal Impact — $13,300 in Savings from rehiring Supervisory positions at
Step A
Human Resources Department
— Reclassify Human Resources Manager to Human Resources Director
• Fiscal Impact — $14,650
107
• Finance Department
— Reclassify Senior Accountant position to Accounting Supervisor
— Reclassify Management Analyst to Senior Management Analyst
— Convert Part-Time Accounts Specialist to Full -Time Accounts Specialist
— Eliminate vacant Senior Administrative Specialist Position
— Add Payroll Accountant
• Fiscal Impact — $13,300
• Public Works Department
— Add Building Inspector II (Shared with Planning & Building Safety)
— Reclassify Associate Engineer to Senior Civil Engineering Associate.
— Reclassify Equipment Mechanic II to Fire Mechanic
• Fiscal Impact — $90,050
• City Treasurer
— Reclassify Accounts Specialist II to Accounting Technician
• Fiscal Impact $9,700
Table 7— Fiscal Year 2013 -2014 General Fund Expenditures:
General Fund Expenditures
FY 2012 -2013
Adopted
Budget
FY 2012 -
2013
Yearend
Estimate
FY 2013 -
2014
Preliminary
Budget
Variance Over/
(Under) FY
2012 -2013
Yearend
Estimates
Elected Officials
$818,369
818,369
985,820
167,451
Administrative Support
3,784,723
3,766,223
4,326,598
560,375
Police
15,510,639
15,566,850
17,197,064
1,630,214
Fire
12,917,683
13,100,650
14,724,417
1,623,767
Communications Center
1,389,500
1,389,500
1,389,500
-
Planning Building Safety
2,379,823
2,379,823
2,894,107
514,284
Public Works
5,422,235
5,422,235
5,935,127
512,892
Recreation and Parks
4,819,479
4,819,479
5,146,494
327,015
Library
2,210,621
2,210,621
2,390,007
179,386
Nondepartment
2,800,157
3,887,479
4,591,145
703,666
Transfers to Other Funds
138,850
517,200
346,400
(170,800)
Total General Fund Expenditures
$51,673,900
53,878,429
59,926,679
6,048,250
Other Funds
Internal Service Funds
The budgets in the Internal Service Funds, which include Equipment Replacement, General
Liability, and Workers' Compensation, are all in balance. These funds are used to accumulate
and allocate costs internally among the City's various functions.
The Equipment Replacement Fund will charge 100% of the annual equipment replacement
charge to all funds.
®-
The General Liability and Workers' Compensation Funds have been funded at the actuarially
determined expected rate.
Enterprise Funds
The budgets in the Water and Sewer are in balance. The Golf Course Fund is reporting a deficit
of around $159,700. This deficit includes a loan repayment to the General Fund of $200,000.
Collectively, these are all separate funds where the City charges a fee to customers to cover all or
most of the costs of services it provides.
All Other Funds
The budgets of all other funds are in balance.
Summary
General Fund — Overall, General Fund Revenues are growing at a rate of 2.15% compared to the
2012/2013 yearend estimate. The City is still being impacted by a sluggish economy and overall
reduction in revenues coming from the business base, which will keep revenues well below the
levels needed to keep up with projected growths in expenditures. Expenditures have been
forecasted to grow at an average rate of approximately 6% over the next three years. The City
Manager has scheduled a Strategic Planning Session on August 22, 2013 to address these
projected future deficits. The FY 13/14 revenue and expenditure gap is being covered by the
receipt of the first 2 tax resolution payments made by Chevron.
The next step in the FY 2013/2014 budget process is the first public hearing on September 3,
2013, followed by a second public hearing and final budget adoption on September 17, 2013. As
part of the final budget adoption, staff will prepare a reconciliation of changes from the
preliminary to the final adopted budget. Staff will continue to monitor revenues and expenditures
and report quarterly to City Council and the public.
109
EL SEGUNDO CITY COUNCIL
AGENDA STATEMENT
AGENDA DESCRIPTION:
MEETING DATE: August 6, 2013
AGENDA HEADING: New Business
Consideration and possible action to adopt policy changes to the City's Residential Sound
Insulation (RSI) Program.
(fiscal impact: none).
RECOMMENDED COUNCIL ACTION:
1. Adopt policy changes detailed in this staff report; and/or
2. Alternatively discuss and take other action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
None
FISCAL IMPACT: None
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: James S. ONeill, Program Manager
REVIEWED BY: Sam Lee, Director of Planning an ilding Safe
APPROVED BY: Greg Carpenter, City Manage CK
BACKGROUND AND DISCUSSION:
Product Submittals
Last September, the City adopted a policy change that required the apparent low bidder to submit
product submittals within_ thirty (30) days of the date Bids are due. Alternatively, a Bidder may
submit a letter stating that it will supply all products in accordance with submittals previously
accepted by the City for a previous RSI project, as long as those submittals were accepted by the
City within twelve (12) months of the current bid due date.
The previous policy required bidders to submit product submittals at the time of the bid.
Staff is recommending changing the policy to again require product submittals with bids, unless
a letter stating that the bidder will supply products in accordance with a previous submittal that
was accepted by the City within the previous twelve months. This recommendation is made to:
1. Allow for a more timely review of bids in accordance with FAA guidelines
2. Prevent recurrence of concerns experienced with bids since the policy change in
September
3. Offset a new 30 day review of bid information prior to advertisement for bids
15
110
The Federal Aviation Administration (FAA) Airport Improvement Program (AIP) Handbook
states:
b. Nonresponsive. When a bid does not conform to all the material items and
conditions of the IFB [Invitation for Bids] that are deemed substantial, it is
nonresponsive. It is the sponsor's [City's] responsibility to determine if the
exceptions taken by a bidder to the solicitation are substantial or not and the
extent of deviation it is willing to accept. Sponsors should be encouraged to
disallow all deviations except for those that they would waive as being
immaterial. Items affecting material terms and conditions of the invitation for
bids such as delivery time, quality, technical specifications, price, etc. should be
considered material. " and "Determinations of nonresponsiveness should not be
based upon deviations that are not substantial. "
Product submittals are commonly used to document that products on which the bid is based meet
terms and conditions of technical specifications. As such, product submittals that do not
document intended products ability to meet technical specifications should be considered
material, therefore substantial, and therefore define the bid as nonresponsive.
On the most recent RSI project, the apparent low bidder did not turn in any submittals until the
thirtieth (30th) day after bids were due, were incomplete and did not meet requirements of the
technical specifications. The bid could not be completely reviewed until such information was
submitted to the City. As the policy only required submittals from the apparent low bidder, a
complete review of any other bid could not be started until submittals, or appropriate letter
complying with current policy, for that bid was submitted. This delay could easily be
experienced with bids for future projects under the current policy.
Further complicating the issue is the contract documents state that "Bids may not be modified,
withdrawn, or canceled within sixty (60) days after the Bid Deadline unless otherwise provided
in Addenda." As such, if the apparent low Bid is determined to be nonresponsive based on
submittals submitted on the thirtieth (30th) day, there may not be enough time to properly
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etermine if another Bid is responsive and snake a recommendation to the City Council to award
a contract.
The Federal Aviation Administration (FAA) Airport Improvement Program (AIP) Handbook
states:
When the competitive sealed bid procurement method is used, the contract must
be awarded to the lowest responsible and responsive bidder. If the sponsor
determined that the apparent loin bidder (i.e. the bidder submitting the lowest
dollar amount) is not responsible and/or nonresponsive, FAA must review and
concur in this determination. Although the sponsor can award to other than the
apparent low bidder, Federal funds cannot be used in the contract unless FAA
concurs in the determination prior to award of the contract.
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To address the time needed for the required review by FAA and receive concurrence in the
City's potential determination on future projects, staff recommends that the sixty day
requirement be revised to one hundred and twenty (120) days for future projects.
Lastly, the new Letter Agreement with Los Angeles World Airports (LAWA) requires plans and
specifications be submitted to LAWA for a project (commonly referred to as a "Group ") at least
thirty (30) days prior to advertising for contractor bids. This may add thirty (30) days to the
process for each Group, which has not been part of the process to date. (Instead of advertising
for contractor bids once plans and specifications are complete for a project, such documents
would be sent to LAWA for review before staff was authorized to advertise for contractor bids)
Given a looming deadline of December 31, 2015 (29 months from now) and the City's goal of
treating as many homes as possible, staff continues to look for ways to expedite the process
overall. This was discussed with LAWA staff on Tuesday, July 30tH
As was provided with the recommendations in September 2012, the anticipated impacts ( "pros"
and "cons ") of the policy change is briefly outlined as:
• (Pro): The City is less likely to award a contract to a bidder that may not understand some
of the more technical aspects of the products, or how they are to be installed, and
therefore help avoid contractors that may look for ways to cut costs to make up for
unexpected expenses, or request change orders
• (Pro): It will help expedite the process to award and execute contracts with contractors, as
staff will not have to wait longer for such information to be submitted
• (Con): Potential bidders are less likely to bid, as there are more documents due at the bid
deadline, and potential bidders are less likely to prepare submittals, and incur the
associated costs of preparing submittals, for a project that they are unsure if they will be
awarded a contract
Owner Upgrades
The City's Residential Sound Insulation (RSI) Program is intended to offer necessary
improvements to residential structures to increase the home's ability to shield against noise from
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portions of the home meet federally set standards. As such, improvements typically include
replacement of exterior windows and doors in habitable portions of the home, the installation of
chimney damper or fireplace glass door at fireplaces where fireplace glass doors are not present,
the installation of baffles at attic vents and kitchen exhaust vents and additional attic insulation,
and a mechanical system to provide a means of providing some outside air, which is typically a
furnace system or ventilation -only system where a furnace system cannot be installed.
Item a. 2 of Article 812 (Noise Insulation Projects) of FAA Order 5100.38C, states:
The purpose of noise insulation projects is to reduce the adverse impact of airport
related noise on building occupants or residents. These projects are not intended
to compensate for inadequate maintenance, to bring nonconforming structures up
to building code standards, or to improve the comfort or attractiveness of a
building, although these benefits may result indirectly from the project.
Therefore, if a noise insulation project requires that new windows be installed, or
that upgraded electrical service be provided for ventilation equipment to achieve
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noise reduction objectives, the costs associated with those work elements are
allowable costs. If, however, it is determined in the course of designing a project
that a building needs several improvements to conform to local building codes,
the costs of such improvements are not allowable under the grant program.
Therefore, typical improvements are determined based on a general "like for like" principal.
Although it can be argued that the acoustically -rated replacement products (i.e. windows and
doors) are not "like" the windows and doors they are replacing due to bulkier frames, thicker
glass and overall thickness, they are generally "like for like" in general appearance. (i.e. sliding
window for sliding window, windows with grids for windows with grids, tinted glass for tinted
glass, or doors with glass for doors with glass)
As part of discussions with LAWA in regards to the Letter Agreement for the grant the City
received approval for in February, administrative costs associated with offering Owner Upgrades
was questioned. Staff has, very conservatively, determined that the administrative acts related
to offering "Owner Upgrades" would be as follows:
1. the conversation between the property owner and the City's Design Coordinator
regarding which door is to be specified
2. specifying the "Owner Upgrade" on the plans
3. adding a separate line item on the Bid Form for the "Owner Upgrade"
4. specifying the contractor's price for the "Owner Upgrade" in the standard letter that
notifies property owners of the contractor to whom a contract was awarded and the dates
for the site evaluation and construction
5. processing the property owner's response to the price for the "Owner Upgrade" (either
cashing a check, or a Request for Change Order to delete the "Owner Upgrade" from the
scope of work)
It is the experience of RSI staff that conversations with property owners are shorter in duration,
and often less confrontational, if there is a way for them receiving improvements to their home
that are more acceptable, aesthetically or otherwise, than improvements that are less acceptable
to them. If a homeowner objects to products that meet the general "like for like" policy, there
are some instances where an "Owner Upgrade" may be an option. As the conversation regarding
the "Owner Upgrade" would be shorter in duration, staff recommends that no additional
administrative costs be associated with this act. Similarly, it would be unduly burdensome to
track the time of such conversations, or if such conversations even occurred at each home.
With regards to the other administrative acts, staff recommends that an administrative fee of no
more than $25 be charged to property owners where one or more "Owner Upgrades" are
specified on the plans for their home. This amount is approximately equivalent to a total of one-
half hour of staff time at $50 per hour, as acts #2 - #5 listed are simply a modification to other
administrative acts that are standard to the RSI Program.
In a situation where an Owner Upgrade is found to be necessary during construction, and is due
to inadequate maintenance of the structure or to bring nonconforming structures up to building
code standards (i.e. insufficient framing is discovered after a window or door is removed), only
task #5 would apply and therefore an administrative fee of $10 would be charged to the property
owner.
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The collection of these fees, when applicable, should offset any concerns that outside entities,
including auditors, would have concerning the administrative costs related to offering "Owner
Upgrades."
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