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2013 Aug 20 - 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 20 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 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so identify themselves prior to addressing the City Council. Failure to do so shall be a misdemeanor and punishable by a fine of $250. SPECIAL ORDER OF BUSINESS: 1. Consideration and possible action to appoint the City Manager as labor negotiator for the Management Group (Department Heads), the Management Confidential Group (all city unrepresented employees, except Department Heads); and the Supervisory and Professional Employees Association. CLOSED SESSION: The City Council may move 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) -4- matters 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 3. Garton vs. City of El Segundo, et. al., LASC Case No. YC066586 4. El Segundo City Employees Association vs. City of El Segundo, Unfair Practice Charge No. California Public Employment Relations Board Case No. BC414272 CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code §54956.9(d) (2) and (3): -1- matter. 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): -3- matters 1. Unrepresented Group: Executive Group (Department Heads) City Negotiator: Greg Carpenter, City Manager 2 2. Unrepresented Group: Management Confidential Group (All unrepresented City Employees, except Department Heads) City Negotiator: Greg Carpenter, City Manager 3. Unrepresented Group: Supervisory and Professional Employees Association City Negotiator: Greg Carpenter, City Manager 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. 3 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 20, 2013 - 7:00 P.M. 7:00 P.M. SESSION CALL TO ORDER INVOCATION — Rev. Eric Jay, Pastor, St. John's Lutheran Church PLEDGE OF ALLEGIANCE — Council Member Suzanne Fuentes il PRESENTATIONS a) Proclamation — September 2013 National Preparedness Month 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) 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. 1. Warrant Numbers 2593754 - 2593958 on of $713,328.25 and Wire Transfers from total amount of $953,614.65. Register No. 21 in the total amount 7/18/2013 through 8101/2013 in the 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. 2. Regular City Council Meeting Minutes of August 6, 2013. Recommendation — Approval. 3. Consideration and possible action regarding adoption of a resolution authorizing the annual destruction of identified records in accordance with the provisions of Section 34090 of the Government Code of the State of California. (Fiscal Impact: Not to Exceed $1,000.00) Recommendation — 1) Adopt resolution authorizing the destruction of certain records; 2) Alternatively, discuss and take other possible action related to this item. 4. Consideration and possible action to waive the bidding process per El Segundo Municipal Code § 1 -7 -10, as there is only one company that can meet the product specifications, and authorize the purchase and installation of a replacement MagneGrip vehicle exhaust extraction system for Air Cleaning Technology (ACT) to be installed at Fire Station 1. (Fiscal Impact: $52,675.34) Recommendation — 1) Authorize the purchase and installation of a replacement MagneGrip vehicle exhaust extraction system from Air Cleaning Technology (ACT); 2) Alternatively, discuss and take other possible action related to this item. 5. Consideration and possible action to authorize a contract amendment with First National Insurance Co., in a form approved by the City Attorney, for change orders related to construction of a beach bathroom and lifeguard facility located at 105 Vista del Mar Ave. Fiscal Impact: $110,448.25 Recommendation — 1) Authorize the City Manager to execute a contract amendment, in a form approved by the City Attorney, for change orders related to construction of a beach bathroom and lifeguard facility located at 105 Vista del Mar; 2) Alternatively, discuss and take other possible action related to this item. 6. Consideration and possible action confirming the City Manager's authority to execute a lease agreement, in a form approved by the City Attorney, between the City of El Segundo and Chevron for construction and operation of a beach restroom and lifeguard facility located at 105 Vista del Mar. (Fiscal Impact: $1.00) Recommendation — 1) Confirming the City Manager's authority to execute a lease agreement between the City and Chevron, in a form approved by the City Attorney, for construction and operation of a beach restroom facility located at 105 Vista del Mar; 2) Alternatively, discuss and take other possible action related to this item. N 7. Consideration and possible action to adopt Resolution authorizing the City Manager to Execute an Agreement with the California Enterprise Development Authority ( "CEDA ") to participate in the California Property Clean Energy Program ( "PACE "); Authorizing the Authority to take action for including property within the City's jurisdiction in the PACE 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. 8. Consideration and possible action to award a standard Public Works Contract to Best Contracting Services, Inc. for the Park Vista Senior Housing Facility Roof Replacement Project. Project No. PW 13 -20 (Fiscal Impact: $381,000 from Park Vista Enterprise Fund) Recommendation — 1) Authorize the City Manager to approve a standard Public Works Contract in a form approved by the City Attorney with Best Contracting Services, Inc. in the amount of $346,333.00 for the Park Vista Senior Housing Facility roof replacement; 2) Authorize $34,667.00 for construction related to contingencies; 3) Alternatively, discuss and take other possible action related to this item. F. NEW BUSINESS 9. Consideration and possible action to provide direction to staff on whether to waive the two year, open cut moratorium on streets recently resurfaced and allow NanoH2o to cut into the 700 -800 block of Lairport Street before the expiration of the moratorium in February 2014. (Fiscal Impact: None) Recommendation — 1) Provide direction to staff on whether to allow NanoH2o to cut into Lairport (bore pit) prior to the February 2014 expiration of the open cut moratorium placed on street resurfacing projects; 2) Alternatively, discuss and take other possible action related to this item. G. REPORTS — CITY MANAGER H. REPORTS — CITY ATTORNEY I. REPORTS — CITY CLERK J. REPORTS — CITY TREASURER 7 K. REPORTS — CITY COUNCIL MEMBERS Council Member Fellhauer - Council Member Atkinson — Council Member Fuentes — Mayor Pro Tern Jacobson — 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: 8 , 4 - / 3 TIME: ra DAME: j f i V rocla atton WHEREAS, "National Preparedness Month" creates an important opportunity for every citizen in the City of El Segundo to prepare their home, business, school, church, or civic organization for all types of emergencies including natural and technological disasters; and WHEREAS, emergencies and disasters can happen suddenly and without warning, and knowing what to do before, during and after an emergency or disaster may make all the difference when seconds count; and WHEREAS, the U.S. Department of Homeland Security's Federal Emergency Management Agency is commemorating the 10th annual National Preparedness Month by calling on the American people to play a role in the nation's preparedness by taking actions to be prepared; and WHEREAS, being prepared means having a plan, being informed about the hazards in the area, and assembling a kit, to ensure that individuals and their families, friends, and co- workers will know what to do and have the supplies they need to be safe wherever they are; and WHEREAS, the City of El Segundo is dedicated to protecting its citizens from emergencies and disasters but acknowledges that every person in the community shares in the responsibility for being prepared. NOW, THEREFORE, on this 20th day of August, 2013, the Mayor and Members of the City Council of the City of El Segundo, California, hereby proclaim September 2013 as National Preparedness Month and encourage all citizens to be informed, develop a plan, assemble a kit, and work together toward creating a more prepared City of El Segundo. + r Ca LG i� c w m N N LL 0 m a J 0 a Q LL 0 W Q Z ❑ Q LL Z m U J W ¢ W U H LL Oz U � N� m M r` m O V m Lr) O O to O N O cn 0) O 0 0 m 10 r0 V O V OD N N I(1 N O m t0 (0 N n r r N r. V m r N m O V a r �m� m m mm Irctc v N Mco m 04 m f0 N� M !R N N ❑ m W LL Z N ❑ W z U a W J H § ❑ i LL z q a d LU U j Q O Z W W F w L ¢ z Z a z❑ w Z UoW z C3 O w M z Fw - Y z O F LL m w wz-: ,:5wi ci M, m a z K o m ?❑ wU" 2- ¢ O H m W U W Q Z wZ z z 0 m r m K Z ❑ m m LLZ m F m, o o ❑ LL W F m m m> z C7 m Z 0% 2} IL w W Z H F U K 0. 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N N '0 wQ �`o `m acme o ama ma p rn o,.T, m m o d U m a 0 m E c U2 m m a x QOSU 5 o C U LL LL U ° m y o O W a W m u w z w 00 II II Li II Z Q F 0 (n U 0 0 LL a m 2 LL O 1 CITY OF EL SEGUNDO PAYMENTS BY WIRE TRANSFER 7/18/13 THROUGH 8/01/13 natp 7/18/2013 7/18/2013 7/18/2013 7/18/2013 7/19/2013 7/19/2013 7/19/2013 7/19/2013 7/19/2013 7/19/2013 7/19/2013 7/23/2013 7/24/2013 7/24/2013 7/24/2013 7/24/2013 7/24/2013 7/26/2013 7/30/2013 7/31/2013 7/31/2013 7/18-8/1/13 Payee Amount Description Employment Development Prior Memo Correct Date 7/3 to 7/18 IRS Prior Memo Correct Date 7/3 to 7/18 Health Comp Prior Memo Correct Date 7/3 to 7/18 State of CA EFT 3,885.00 EFT Child support payment Nationwide NRS EFT 1,842.82 EFT 401a payment Nationwide NRS EFT 38,937.85 EFT 457 payment Manufacturers & Traders 617.31 IRA payment Vantagepoint Manufacturers & Traders 5,855.50 401 payment Vantagepoint Manufacturers & Traders 24,649.60 457 payment Vantagepoint US Bank - Trust Acct 6,417.87 PARS payment South Bay Credit Union 14,570.38 Payroll credit union deduction pmt Health Comp 1,221.61 Weekly claims Lane Donovan Golf Ptr 22,551.40 Payroll Transfer Cal Pers 114,785.27 EFT Retirement Misc Cal Pers 247,921.57 EFT Retirement Safety Cal Pers 2,842.44 EFT Retirement Misc Adj Health Comp 1,256.91 Weekly claims Unum 274.20 LTD Pitney Bowes 1,000.00 Library Hall Postage Health Comp 3,730.06 Weekly claims US Bank 415,674.56 Infrastructure pmt Workers Comp Activity 45,580.30 SCRMA checks issued 953,614.65 DATE OF RATIFICATION: 08/20/13 TOTAL PAYMENTS BY WIRE: Certified as to the accuracy of the wire transfers by: k--U-6� e' Dep4ty Citykreasurer Date Director of Finance Date city Date 953,614.65 Information on actual expenditures is available in the City Treasurer's Office of the City of El Segundo. P: \City Treasurer \Wire Transfers\2013 \3rd Qtr 2013 \Wire Transfers 8 -01 -13 REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, AUGUST 6 2013 — 5:00 PM 5:00 P.M. SESSION CALL TO ORDER — Mayor Fisher at 5:00 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 August 6, PAGE N0. O. 1 1 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. Recessed at 6:50 PM 2 MINUTES OF THE REGULAR CITY COUNCIL MEETING August 6, 2013 PAGE NO. 2 REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, AUGUST 6, 2013 - 7:00 P.M. 7:00 P.M. SESSION CALL TO ORDER — Mayor Fisher at 7:01 PM INVOCATION — Lee Carlile, Pastor, Methodist Church PLEDGE OF ALLEGIANCE — Mayor Pro Tern Jacobson PRESENTATIONS Mayor Fisher presented a Commendation to El Segundo Police Officer Cory McEnroe and Canine Partner, Ty. 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, El Segundo Rotary, thanked the City and the El Segundo Police Department for their continued support of Movie in the Park. Mr. Bonilla also thanked Chevron, Newport Real Estate, Rotary and the community for their continued support of the event. The event was attended by over 1000 people this year. 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. 3 MINUTES OF THE REGULAR CITY COUNCIL MEETING August 6, 2013 PAGE NO. 3 MOTION by Mayor Pro Tern Jacobson, SECONDED by Council Member Fellhauer 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) 1. Consideration and possible action to conduct a Public Hearing regarding operating and capital outlay requests of $100,000 from the existing Citizens Option for Public Safety (COPS) 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) Mayor Fisher stated that this was the time and place to conduct a public hearing and receive testimony, and adopt a Resolution approving the use of COPS grant funds to purchase equipment related to supplementation of "front line law enforcement." City Clerk Weaver stated that proper notice had been given in a timely manner and that no written communication has been received in the City Clerk's Office. Bob Turnbull, Police Captain, gave a report. Mayor Fisher closed the Public Hearing. Karl Berger, Assistant City Attorney, read by title only: RESOLUTION NO. 4830 A RESOLUTION PROVIDING FOR THE IMPLEMENTATION OF THE CITIZENS OPTION FOR PUBLIC SAFETY (COPS) PROGRAM. MOTION by Council Member Fellhauer, SECONDED by Council Member Fuentes to adopt Resolution No. 4830 approving the use of COPS grant funds to purchase equipment related to supplementation of "front line law enforcement." MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 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) 4 MINUTES OF THE REGULAR CITY COUNCIL MEETING August 6, 2013 PAGE NO. 4 Mayor Fisher stated that this was the time and place to conduct a public hearing and receive 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. City Clerk Weaver stated that proper notice had been given in a timely manner and that no written communication has been received in the City Clerk's Office. Kimberly Christensen, Planning Manager, gave a report. Mayor Fisher closed the Public Hearing. Karl Berger, Assistant City Attorney, read by title only: RESOLUTION NO. 4831 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. MOTION by Council Member Fuentes, SECONDED by Council Member Fellhauer to adopt Resolution No. 4831 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. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 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. Approved Warrant Numbers 2593533 - 2593753 on Register No. 20 in the total amount of $791,984.85 and Wire Transfers from 7103/2013 through 7/18/2013 in the total amount of $2,719,378.87. Authorized staff to release. Ratified Payroll and Employee Benefit checks; checks released early due to contracts or agreement; emergency disbursements and /or adjustments; and wire transfers. 5 MINUTES OF THE REGULAR CITY COUNCIL MEETING August 6, 2013 PAGE NO. 5 4. Approved Special City Council Meeting Minutes of July 16, 2013 and Regular City Council Meeting Minutes of July 16, 2013. 5. Adopted Resolution No. 4832 approving Plans and Specifications for the On Call HVAC Maintenance Service and Repair Services. Project No.: PW 13 -17. (Fiscal Impact: $60,000.00) 6. Authorized the City Manager to amend Contract No. 4434 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. Project No.: PW 13 -13. (Fiscal Impact: $159,130.00) 7. Adopted Resolution No. 4833 approving specifications for the Elevated Water Tank Restoration Project. Project No.: PW 13 -07. (Fiscal Impact: $650,000.00) 8. Authorized the City Manager to enter into License Agreement No. 4460 with the Los Angeles County, in a form approved by the City Attorney, to use and occupy the El Segundo Beach Bathroom and Lifeguard Station Facility. (Fiscal Impact: $1.00 rental fee) 9. Adopted Resolution No. 4834 authorizing the City Manager to Execute a Joint Powers Agreement No. 4461 with the Western Riverside Council of Governments ( "Authority ") to participate in the California Hero Program, authorized 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 the resolution. (Fiscal Impact: None) 10. Authorized the City Manager to sign Agreement No. 4462 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. (Fiscal Impact: None) 11. PULLED BY COUNCIL MEMBER FUENTES 12. Approved a title change from Management Analyst — Payroll to Management Analyst for the current classification. (Fiscal Impact: None) 13. Authorized the City Manager to execute a contract amendment, in a form approved by the City Attorney, 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) 6 MINUTES OF THE REGULAR CITY COUNCIL MEETING August 6, 2013 PAGE NO. 6 MOTION by Council Member Fellhauer, SECONDED by Council Member Atkinson to approve Consent Agenda items 3, 4, 5, 6, 7, 8, 9, 10, 12 and 13. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 PULLED 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) MOTION by Council Member Fuentes, SECONDED by Mayor Pro Tern Jacobson to accept the donation of materials and labor from Alex Kirby to enhance the grass area at Camp Eucalyptus for his Boy Scout Eagle Project, adopt Resolution No. 4835 and authorize the City Manager to execute a contract with Alex Kirby's parent or guardian in a form approved by the City Attorney. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 F. NEW BUSINESS 14. Consideration and possible action regarding the presentation of fiscal year 2012- 2013 Third Quarter Financial Review and presentation of the fiscal year 2013- 2014 Preliminary Operating Budget. (Fiscal Impact: None) Deborah Cullen, Finance Director, gave a report. Council discussion. MOTION by Council Member Fuentes, SECONDED by Council Member Fellhauer to receive and file FY 2012 -13 Third Quarter Financial staff report, receive and file FY 2013 -14 Preliminary Operating Budget and key budget dates. 15. PULLED BY STAFF G. REPORTS — CITY MANAGER — Thanked the Finance Department staff, Deborah Cullen and Angie Garcia for their late hours and hard work on the budget. Introduced and congratulated Martha Dijstra on her promotion to Human Resource Director. H. REPORTS — CITY ATTORNEY - None REPORTS — CITY CLERK - None J. REPORTS — CITY TREASURER - None K. REPORTS — CITY COUNCIL MEMBERS 7 MINUTES OF THE REGULAR CITY COUNCIL MEETING August 6, 2013 PAGE NO. 7 Council Member Fellhauer — Attended Ribbon Cutting for Pizza Rev, the El Segundo Chamber Installation and thanked Chevron for the donation that enables the Concert in the Park series to take place. Council Member Atkinson — Attended Ribbon Cutting for Pizza Rev, attended the final Concert in the Park and thanked Chevron for supporting the Concert in the Park series and thanked Recreation and Parks Department for a job well done on the series. Council Member Fuentes — Attended the Los Angeles Economic Development Corporations mid -year Forecast Downtown LA, attended the Hero's and Villain's concert at the High School and encouraged everyone to attend the Broadway in the Park event this weekend. Mayor Pro Tern Jacobson — Sanitation District Board recognized a few El Segundo businesses for their full compliance of the Sanitation District Board's requirements with Certificates of Recognition. Mayor Fisher — Thanked Bob Cummings, Recreation and Parks Director, and his staff for the Concert in the Park series, and Chevron as well, attended the El Segundo Chamber Installation and congratulated the Board and Sandy Jacobs, attended the 88 Mayors of LA County event at Mayor Eric Garcetti's residence. The concept was to go over Crime, Traffic and Economic Development. This will continue, not a onetime event. Congratulated the BU13's Little League All Star team, they are going to the Little League World Series. 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 — None CLOSED SESSION — None ADJOURNMENT at 8:14 PM 8 MINUTES OF THE REGULAR CITY COUNCIL MEETING August 6, 2013 PAGE NO. 8 Tracy Weaver, City Clerk MINUTES OF THE REGULAR CITY COUNCIL MEETING August 6, 2013 PAGE NO. 9 EL SEGUNDO CITY COUNCIL AGENDA STATEMENT AGENDA DESCRIPTION: MEETING DATE: August 20, 2013 AGENDA HEADING: Consent Agenda Consideration and possible action regarding adoption of a resolution authorizing the annual destruction of identified records in accordance with the provisions of Section 34090 of the Government Code of the State of California. (Fiscal Impact: Not to exceed $1,000) RECOMMENDED COUNCIL ACTION: 1. Adopt Resolution authorizing the destruction of certain records; 2. Alternatively, discuss and take other action related to this item. ATTACHED SUPPORTING DOCUMENTS: Resolution with Attachments FISCAL IMPACT: Included in Adopted Budget Amount Budgeted: $1,000 Additional Appropriation: N/A Account Number(s): 001 - 400 -1301 -6214 (Professional & Technical) ORIGINATED BY: Cathy Domann, Deputy City Clerk 11 06 REVIEWED BY: Tracy Weaver, City Clerk* APPROVED BY: Greg Carpenter, City Manager BACKGROUND AND DISCUSSION: Each year various Departments need to transition older documents to storage or destruction and make space for new records. By reviewing the older records and inventorying the current ones, available storage space is used more efficiently. Documents from the City Clerk's Office (miscellaneous administrative and election items, closed /expired contracts, agenda packets which have been scanned to document imaging system, campaign filings) are proposed to be destroyed. In addition, documents from the Fire Department (copies of payroll, invoices, dispatch records, and EMS reports, copies of invoices and purchase orders), Library (copies of Council agendas & minutes, community service records, invoices, sales records), Police Department (traffic citations, miscellaneous correspondence, subpoenas, expired restraining orders, crime reports - marijuana, crime reports - sealed and destroyed records), Public Works (copies of bid documents), Planning and Building Safety (amplified sound permits, temporary use permits), Recreation and 3 Cih����1�1��1Z�1'rr1�l D1:111i'7[H�] BACKGROUND AND DISCUSSION CONTINUED: Parks (deposit summaries, commission and subcommittee cassette tapes, class registrations, commission and subcommittee agendas), and the Treasury (deposit slips, bank statements, check register, UUT items, and revenue backup) are proposed to be destroyed in accordance with Government Code Section 34090. All listed records meet the required retention schedule adopted by City Council, Resolution No. 4471, and the City Attorney has given approval for the destruction of these records. RESOLUTION NO. A RESOLUTION AUTHORIZING THE DESTRUCTION OF PUBLIC RECORDS IN ACCORDANCE WITH THE CALIFORNIA GOVERNMENT CODE. BE IT RESOLVED by the Council of the City of El Segundo as follows: SECTION 1: The City Council finds as follows: A. Certain documents from the City Clerk's Office, Fire Department, Police Department, Public Works, Planning and Building Safety, Recreation and Parks, and Treasury are proposed to be destroyed in accord with Government Code § 34090; B. The City Attorney gave written approval for the destruction of these records pursuant to Government Code § 34090; C. Based upon the documents presented to it for destruction, it does not appear to the City Council that these records need be retained and are occupying valuable storage space. SECTION 2: Pursuant to Government Code § 34090, the City Council approves the destruction of the records referred to in attached Exhibit "A," which is incorporated by reference, and authorizes the City Clerk to dispose of the records in any lawful manner. SECTION 3: Upon destroying these documents, the City Clerk is directed to complete a certificate verifying the destruction of these records and file the certificate with the City's official records. 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. PASSED AND ADOPTED this 20th day of August 2013. Bill Fisher, Mayor ATTEST: Tracy Weaver City Clerk APPROVED AS TO FORM: Mark D. Hensley, City Attorney KaT-4 H. Berger Assistant City Attorney EXHIBIT A CITY OF EL SEGUNDO RECORDS DESTRUCTION FORM The records listed below are scheduled to be destroyed, as indicated on the Retention Schedule adopted by the City Council (Resolution 4291 adopted 12/17/02, Amended 06/07/06 by Resolution 4471): Records Description Start End Box i id Dept Date Date 2010 Prop 218 Trash Fee 2010 2010 1 -2 2 Years City Clerk Ballots April 10, 2012 Election 2012 2012 Misc. 6 Months City Clerk Ballots/Envelopes Closed /Expired Contracts 1997 2003 1 10 Years City Clerk SEE ATTACHED 2002 Agenda Packets SEE 2002 2002- 2 -4 PERMANENT City Clerk ATTACHED 2003 COPIES ON DVD FPPC Campaign Filing: 2004 2004 5 Election + 5 City Clerk Committee to Continue the Years Progress of El Segundo Statements of Economic 2004 2005 6 Current + 5 Years City Clerk Interest, Non - elected filers APPROVED FOR DESTRUCTION: Date Date I HEREBY CERTIFY that the items listed above are approved for destruction on in accordance with City policies and procedures: Tracy Weaver, City Clerk PACity Clerk\Destruction Retention\2013 \City Clerk Cert of Destruction box 1 -2.doc Date DOCUMENTS FOR DESTRUCTION 6/2013 BOX 1 Contracts Exp /Completed 2864 Southern California Humane Society Animal Shelter 3/1/02 2849 Team One Advertising 9/30/02 2844 Stevens - Garland Assoc. 9/30/02 2828 Specialty Door RSI 6/30/01 2822 Great West Contractors RSI 11/8/02 2819 David Evans and Associates Engrg Services Pump Sta. 16 12/31/01 2811 Fieldman, Rolapp & Associates, Water Well Project 12/31/01 2799 Tenet Health System 7/5/02 2787 Denise Bothe, Decretarial Services Planning Commission 9/30/02 2718 California Storagemasters 8/13/02 2636 AAM Communications, Complaint Hotline 9/30/01 2611 Evelyn Riley, EMS Training 9/30/03 2592 Sancon, Engineering, Sewer Manhole Lining PW 97 -24 10/7/98 2529 Pavement Coatings, Slurry Seal 10/8/97 2594 Sunset floors, Pool Deck Resurface 7/31/98 2867 John L. Hunter and Assoc. 1/25/01 2896 Jetcom Aviation, Inc. Revocable Lease 2/1/02 2904 Stevens- Garland Associates, Inc. 9/30/02 2913 Business Systems Productivity, IT Consultant 9/30/02 2824 Team One Advertising 9/30/02 2930 Asbuilt Information, Software 4/20/02 2929 Rentv.com 9/30/02 2937 Martin & Chapman Co., Election Support 6/30/02 2964 Spanning Tree Technologies, Library Consultant 6/30/02 2963 BBR Surveying Instruments 4/1/02 2968 Southwest Mapping Technology 9/30/02 2977 Rosenow Spevacek Group Inc. Real Estate Consulting 12/31/02 2978 Trudy Largent & Assoc. 9/30/02 2980 Rentv.com 9/30/02 3014 Rosenow Spevacek Group Inc. Real Estate Consulting 12/10/02 2994 Dewey Pest Control, Fumigation 11/12/02 2991 Best Roofing and Waterproofing, Park Vista Deck Resurface 11/12/02 6/2013 BOX 2 Agenda Packet 01/02/02 01/15/02 02/05/02 02/19/02 03/06/02 03/19/02 04/02/02 04/16/02 04/23/02 05/07/02 05/21/02 .06/04/02 06/19/02 07/02/02 08/06/02 6/2013 BOX 3 Agenda Packet 8/20/02 9/03/02 9/17/02 10/01/02 10/15/02 11/06/02 11/19/02 12/03/02 12/17/02 Agenda Packet 01/07/03 01/21/03 02/04/03 02/18/03 03/04/03 03/18/03 6/2013 BOX 4 Agenda Packet 04/01/03 04/15/03 05/06/03 05/20/03 06/03/'03 06/17/03 07/01/03 07/07/03 07/15/03 08/05/03 08/19/03 6/2013 BOX 5 Agenda Packet 09/02/003 09/16/03 10/08/03 10/21/03 11/05/03 11/18/03 12/02/03 12/16/03 FPPC Campaign Filing: Committee to Continue the Progress of El Segundo (2004 election) 6/2013 BOX 6 2004/2005 Statements of Economic Interest — designated filers. CITY OF EL SEGUNDO RECORDS DESTRUCTION FORM The records listed below are scheduled to be destroyed, as indicated on the Retention Schedule adopted by the City Council (Resolution 4291 adopted 12/17/02, Amended 06/07/06 by Resolution 4471): Records Description Start End Box # Retention Period Dept Date Date Invoice /P.O. 2005 2006 40 6 Year Fire Payroll Jan Dec 41 Copies n/a Fire 2010 2010 Dispatch Summaries Jan June 42 7 Years Fire 2005 2005 Dispatch Printouts Jan May 42 _ 7 Years Fire 2005 2005 EMS Reports Jan May 42 7 Years Fire 2005 2005 EMS Reports / Minor Jan Dec 42 7 Years Fire 1990 1993 Dispatch Printouts / Minor Jan Dec 42 7 Years Fire 1990 1993 Dispatch Summaries July Dec 43 7 Years Fire 2005 2005 Dispatch Printouts June Dec 43 7 Years Fire 2005 2005 EMS Reports June Dec 43 7 Years Fire 2005 2005 APPROVED FOR DESTRUCTION: Department Head CTION: City Attorney °Z - zZ - A Date 61,01 0 /. Date I HEREBY CERTIFY that the items listed above are approved for destruction on in accordance with City policies and procedures: Tracy Weaver, City Clerk PAADMMSTRATION DIVISION\Office Special ist\Purge_City\Cert of Destruction.doc Date CITY OF EL SEGUNDO RECORDS DESTRUCTION FORM The records listed below are scheduled to be destroyed, as indicated on the Retention Schedule adopted by the City Council (Resolution 4291 adopted 12/17/02, Amended 06/07/06 by Resolution 4471): APPROVED FOR DESTRUCTION: -4� i C d 114 i )) 3 `'' e nrtment Head ate f AP' 4. 4'4 "'TION: r Date I HEREBY CERTIFY that the items listed above are approved for destruction on in accordance with City policies and procedures: Cindy Mortesen, City Clerk Date CADocume.Ms and SettmgsUeMayWy DocumentsVessieVessie FornisU.ibrary ForinslRecord Destruction Aug 2013.doe CITY OF EL SEGUNDO RECORDS DESTRUCTION FORM The records listed below are scheduled to be destroyed, as indicated on the Retention Schedule adopted by the City Council (Resolution 4291 adopted 12/17/02, Amended 06/07/06 by Resolution 4471): APPROVED FOR DESTRUCTION: o �A �1 - _rrmrtr uaari Date TION: ti /r Date I HEREBY CERTIFY that the items listed above are approved for destruction on in accordance with City policies and procedures: Cindy Mortesen, City Clerk Date Q'Documents and SettingsVLeMay\1%4y DocumentsVessieVessie FonnsUbrary Porms\Record Destruction Aug2oI3.doc CITY OF EL SEGUNDO RECORDS DESTRUCTION FORM The records listed below are scheduled to be destroyed, as indicated on the Retention Schedule adopted by the City Council (Resolution 4291 adopted 12/17/02, Amended 06/07/06 by Resolution 4471): r 2007 TRAFFIC CITATIONS 01/01/2007 12/31/2007 1 2 YEARS POLICE 2007 TRAFFIC CITATIONS 01/01/2007 12/31/2007 2 2 YEARS POLICE 2007 TRAFFIC CITATIONS 01/01/2007 12/31/2007 3 2 YEARS POLICE EXPIRED RESTRAINING 01/01/2006 12/31/2010 1 COURT ORDER POLICE ORDERS EXPIRED CRIME REPORTS - MARIJUANA 01/01/2006 12/31/2007 1 2 YEARS POLICE PURGING CRIME REPORTS SEALED AND 01/01/1998 12/31/2000 1 3 YEARS F /COURT POLICE DESTROYED RECORDS ORDER PAWN SLIPS /LETTERS 01/01/2008 12/31/2009 1 2 YEARS POLICE SUBPOENAS /RECORDS 01/01/2009 12/31/2010 1 NO LONGER POLICE REQUIRED APPROVE OR DESTRUCTION: Department Head APPROVED FOR DESTRUCTION: Cit Attorney Date ngl j Z 1,2- c3 7 Date I HEREBY CERTIFY that the items listed above are approved for destruction on in accordance with City policies and procedures: Tracy Weaver, City Clerk Date C:\Documents and Settings\mrandall\Local Settings \Temporary intemet Files \OLKE\MASTER CERTIFICATION FORM POLICE AUGUST 2013.doc CITY OF EL SEGUNDO RECORDS DESTRUCTION FORM The records listed below are scheduled to be destroyed, as indicated on the Retention Schedule adopted by the City Council (Resolution 4291 adopted 12/17/02, Amended 06/07/06 by Resolution 4471): Records Description Start Date End- ..;`136x Date -4' s 7RCtenfi.oh Perio'd Depi j PW 85 -2 Construction of 1985 2010 1 d Public Imperial Hwy Storm Drain Works PW 86 -7a Storm Drain 1986 2010 1 7 dears Public Laterals IA & 3G- Works Geotechnical Services PW 92 -8 Lining of sewer 1992 2010 1 Public lines at high school i t + Works PW 93-124" Storm Drain 1993 2010 1 Public Washington St., Oak Ave. to Works Maple, Ave. 4 PW 79 -2a Installation of 3r 1979 2010 1 Public pump and engine for City of Works E1 Segundo PW 81 -11 Modification to 1981 2010 1 Public sanitation pjnp plant no. 5 + Works PW 81 -6 Shoring Specialties 1981 2010 1 Public + Works PW 82 -24 Sanitary Sewer 1982 2010 1 Public System Master plan update ' Works PW 95 -11 Resurfacing of 1995 2010 2 Public game courts @ recreation Works park < < PW 95 -3 Storm drain in alley 1995 2010 2 Public north of El Segundo Blvd Works PW 95 -1 Repair of sewer 1995 2010 2 Public lines Works PW 94 -7 Sports lighting 1994 2010 2 Public recreation park/middle " Works school inspection reports PW 00 -11 1999 -2000 Slurry 2000 2010 3 Public seal of various streets Works PW 99 -2 1998 -1999 Slurry 1999 2010 3 , Public seal of various streets Works CADocuments and SeaingMjonas\Local Settings\Temporary Internet FilesIOLKBAXRecords Destruction Form- September 22 2010.doc PW 97 -28 1997 -1998 Slurry 1997 2010 3 -Pi� Openkng Public seal of various streets Works PW 97 -11 1996 -1997 Slurry 1997 2010 3 -L yrS Public seal of various streets t Works PW 94 -14 1994 -1995 Slurry 1994 2010 3 Public seal of various streets Works PW 96 -6 1995 -1996 Slurry 1996 2010 3 Public seal of various streets ` ` Works Public PW 94 -1 1993 -1994 Slurry 1994 2010 3 seal of various streets i' Works PW 92 -3 1991 -1992 Slurry 1992 2010 3 Public seal of various streets _ _ Works PW 96 -2 Lining of sewer 1996 2010 4 Public line ` Works PW 96 -7 ADA upgrades for 1996 2010 4 Public City facilities " Works PW 96 -11 Retaining wall 1996 2010 4 Public recreation park north side ` E Works PW 97 -13 Trenchless 1997 2010 4 Public rehabilitation of sewer lines t I Works PW 97 -20 Racquetball court 1997 2010 4 Public drainage and roofing ` t Works PW 98 -11 Roller hockey rink 1998 2010 4 Public Phase II Works PW 01 -20 2001 -2002 Slurry 2001 2010 4 Public seal of various streets is Works PW 01 -04 2000 -2001 Slurry 2001 2010 4 tt Public seal of various streets Works PW 98 -8 Skid resistant 1998 2010 5 Public flooring install at Fire Station t Works No. 1 PW 00 -3 Refurbishment of 2000 2010 5 Public recreation park restrooms ` t Works PW 98 -7 Re- Roofing joslyn 1998 2010 5 Public center community center Works PW 99 -5 Douglas St. 1999 2010 5 Public pavement rehab I I j I Works PW 03 -06 2002 -2003 Slurry 2003 2010 5 Public seal of various streets 1 F Works PW 03 -07 2002 -2003 curb, 2003 2010 5 Public gutter, sidewalk r I Works improvements, ADA curb ramps CADocuments and SettingslmjonaslLocal Settingffemporary Intemet Files'ALKBA ?Records Destruction Form- Septcmber 22 2010.doc APPROVED FOR DESTRUCTION: Attorney Date ?? /55 to - :ate I HEREBY CER1 j f Y that the items listed above are approved for destruction on in accordance with City policies and procedures: -Tracy WeaveriCity Clerk Date C1Documents and SettingslntjonasiLocab SettingsO mporary Internet Mes10LKHA\Records Destruction Form- September 22 2010,doc CITY OF EL SEGUNDO RECORDS DESTRUCTION FORM The records listed below are scheduled to be destroyed, as indicated on the Retention Schedule adopted by the City Council (Resolution 4291 adopted 12/17/02, Amended 06/07/06 by Resolution 4471): Records Description !,00 , C,j � Start Date 1/06 End Date 1-2/0 Box # Retention Period V eax5 Dept 1 D �co i t /tz` tt x(� P�f�, g 1-2 'o& tt S r� 10P 14 o Ll 0'1 I t '101 i2 APPRO UCTION: APPROVED FOR DESTRUCTION: City ttorney Date Date I HEREBY CERTIFY that the items listed above are approved for destruction on in accordance with City policies and procedures: Tracy Weaver, , City Clerk Date C:\Documents and Settings\malkire\Local Settings \Temporary Intemet Files \OLK40\1\4ASTER CERTIFICATION FORM.doc CITY OF EL SEGUNDO RECORDS DESTRUCTION FORM The records listed below are scheduled to be destroyed, as indicated on the Retention Schedule adopted by the City Council (Resolution 4291 adopted 12/17/02, Amended 06/07/06 by Resolution 4471): Records Description Start Date End Date Box # Retention Period Dept APPROVED FOR DESTRUCTION: City Attorney ate c)- I ( ) C, I � '� Date I HEREBY CERTIFY that the items listed above are approved for destruction on in accordance with City policies and procedures: Tracy Weaver, City Clerk Date C:\Documents and Settings\tnalkire\Local Settings \Temporary Intemet Files \OLK40 \MASTER CERTIFICATION FORM.doc CITY OF EL SEGUNDO RECORDS DESTRUCTION FORM The records listed below are scheduled to be destroyed, as indicated on the Retention Schedule adopted by the City Council (Resolution 4291 adopted 12/17/02, Amended 06/07/06 by Resolution 4471): Records Description Start End Box # Retention Period Dept Date Date Deposit Summarys 8/2003 1/2008 1 - 8 AU + 4 yrs. Rec & Parks Rec & Park Commission & 1996 2010 9 CU + 3 mos. Rec & Parks Golf Course Subcommittee Cassette Tapes Recreation Class Registrations 2003 2005 10 CU + 2 yrs. Rec & Parks Recreation & Parks 2005 2008 11 CU + 2 yrs. Rec & Parks Commission Agendas Golf Course Subcommittee 2006 2008 11 CU + 2 yrs. Rec & Parks Agendas APPROVED FOR DESTRUCTION: APPRO 1 0:1049joill UCTION: 77. To. /:? Date g',� I-S Date that the items listed above are approved for destruction on _ in accordance with City policies and procedures: Tracy Weaver, City Clerk CADocuments and Settings \jday\Desktop\Rccord Retention\Records Destruction Form.doc Date CITY OF EL SEGUNDO RECORDS DESTRUCTION FORM The records listed below are scheduled to be destroyed, as indicated on the Retention Schedule adopted by the City Council (Resolution 4291 adopted 12/17/02, Amended 06/07/06 by Resolution 4471): t. Revenue Backup Start Date 10/1/2004 Epti Date Box # 9/30/2005 244516242 Retentimi 7 years Dept Treasury Revenue Backup 10/1/2004 9/30/2005 244516238 7 years Treasury Revenue Backup 10/1/2004 9/30/2005 244516240 7 years Treasury Revenue Backu 10/1/2004 9/30/2005 244516254 7 years Treasury Revenue Backup 10/1/2004 9/30/2005 244516241 7 years Treasury Utility Users Tax 10/1/2004 9/30/2005 244518258 7 years Treasury Union Bank Statement 10/1/2004 9/30/2005 279774869 7 years Treasury Worker Comp Ck Register 10/1/2004 9/30/2005 279774861 7 years Treasury UBOC Deposit Slips 01/1/2005 03/15/2005 244516244 7 years Treasury UBOC Deposit Slips 06/1/2005 08/31/2005 244516239 7 years Treasul UBOC Deposit Slips 09/1/2005 09/30/2005 244516245 7 years Treast UBOC Deposit Slips 09/1/2005 03/15/2005 244516244 7 years Treasury UBOC Deposit Slips 09/1/2005 09/30/2005 2_44516245 7 years Treasury Revenue Backup 10/1/2004 09/30/2005 244516238 7 years Treasury UBOC Deposit Slips 06/1/2005 08/31/2005 244516239 7 years Treasury Revenue Backup 10/1/2004 09/30/2005 244516240 7 years Treasury Revenue Backup 10/1/2004 09/30/2005 244516241 7 years Treasury Revenue Backup 10/1/2004 09/30/2005 244516242 7 years Treasury Revenue Backup 10/1/2004 09/30/2005 244516254 1 7 years Treasury RevenueBacku 10/1/2004 09/30/2005 244516256 7 years Treasury Union Bank Statement 10/1/2004 09/30/2005 279774869 7 years Treasury Worker Comp Ck Register 10/1/2004 09/30/2005 279774861 7 years Treasury APPROVED FOR DESTRUCTION: epa rtment FTea d Date APPROVED FOR DESTRUCTION: NAMISMestruction\Cert of Destruction - Junl3.docx 4. /Zo Date ted above are approved for destruction on ■1. �....,._,��..�,.., ..rith City policies and procedures: Tracy Weaver, City Clerk I+IA IISCOestrectionTmt of Destruction - 1wx13.docx Date EL SEGUNDO CITY COUNCIL MEETING DATE: August 20, 2013 AGENDA STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action to waive the bidding process per El Segundo Municipal Code §1 -7 -10, as there is only one company that can meet the product specifications, and authorize the purchase and installation of a replacement MagneGrip vehicle exhaust extraction system from Air Cleaning Technology (ACT) to be installed at Fire Station 1. (Fiscal Impact: $52,675.34) RECOMMENDED COUNCIL ACTION: 1. Authorize the purchase and installation of a replacement MagneGrip vehicle exhaust extraction system from Air Cleaning Technology (ACT); 2. Alternatively, discuss and take other action related to this item. ATTACHED SUPPORTING DOCUMENTS: 1. Revised Proposal for MagneGrip Exhaust System from Air Cleaning Technology (ACT) FISCAL IMPACT: $52,675.34 Included in Adopted Budget Amount Budgeted: $52,679.00 Additional Appropriation: None Account Number(s): 001- 400 - 3201 -6215 Repair and Maintenance ORIGINATED BY: Kevin S. Smith, Fire Chief REVIEWED BY: Kevin S. Smith, Fire Chief APPROVED BY: Greg Carpenter, City Manager BACKGROUND AND DISCUSSION: The existing exhaust removal system at Fire Station 1 is over 20 years old and in need of significant repairs. Current estimates to make the system operational are in excess of $8,000. Staff believes that the repairs would not be a prudent use of City funds due to the age and condition of the overall exhaust system. Vehicle exhaust systems are essential to the safety of the work environment in a fire station. Fire engines and other heavy fire apparatus are typically powered with diesel engines. A by- product of diesel combustion is benzene which is a known carcinogen. Vehicle exhaust systems in fire stations serve to evacuate the exhaust outside the fire station to avoid exposure to the harmful products by fire personnel. Staff believes that replacement of the system to a modern and fully functioning system is in the best interest of the City for the safety and welfare of fire personnel and is also a responsible fiscal choice as the existing system continues to be subject to the regular need for costly repairs. This specification in the product bidding process is to allow for compatibility with the adapters attached to fire apparatus allowing the apparatus to be exchanged between fire stations as needed. This specification will also enable us to rely on one single vendor for repairs and maintenance of both systems. This item was previously approved by Council on February 5, 2013. Subsequent to Council approval staff became aware that the there had been a misunderstanding between the vendor and staff on the original system specification. The system that staff intended to purchase I.l and install will cost $52,675.34 instead of the amount originally approved by Council of $45,384.85. The Fire Department will absorb the increased cost from its operating budget. Staff recommends approval of the additional expenditure to ensure a quality system that is consistent with the system that currently exists at Fire Station 2. ..•�� �T AIR CLEANING TECHNOLOGY Air Cleaning and Air Pollution Control Systems August 5, 2013 Chief Richard Guyer El Segundo Fire Department 314 Main Street El Segundo, CA 90245 Via Email: rquyer elsegundo.org Re: Vehicle Exhaust Replacement System for Station 1 Air Cleaning Technology Proposal #103788 -1 Revised Dear Chief Guyer, Thank you for your continued time and interest in our air cleaning products and services. As we discussed, below is an updated proposal to replace the existing exhaust system in Station One with a new MagneGrip Vehicle Exhaust System similar to the system currently in use at Station Two. Proposal: • Three (3) SSRM -701 70' Straight Suction Rail Systems • Five (5) Crab Assemblies (2 for Bay 1, 2 for Bay 2, and one for Bay 3) • One (1) 500179 -05 Wireless Control Panel 7.5 -3 • One (1) 7.5 horsepower fan prewired 230 - 460/3/60 • Turn key installation • Spiral ducting • Electrical connection by a certified electrician • Tailpipe modifications needed from the muffler out (if required) • Removal of existing System • Delivery of equipment and materials to El Segundo, CA • Applicable sales tax • Labor • System start up and operator orientation • Price: $52,675.34 Cost Breakdown: Equipment: $30,418.88 411 Rowland Avenue • Santa Ana, CA 92707 -3445 • Phone: (714) 641 -5005 • Fax: (714) 641 -8503 Contractor's License # 761220 AIR CLEANING TECHNOLOGY Air Cleaning and Air Pollution Control Systems Chief Richard Guyer El Segundo Fire Department August 5, 2013 Page 2 9.0% Sales Tax: $ 2,737.70 Installation: $19,518.76 Total: $52,675.34 Terms: • Net 30 days after completion of service • The attached ACT Terms and Conditions will apply • For your convenience, we accept most major credit cards Delivery: • 4 -5 weeks after receipt of order Exclusions: • City, mechanical, electrical, and fire, permit fees (if required) • Structural engineering or modifications if required • Off hour labor Chief Guyer, Air Cleaning Technology is a licensed contractor with over 36 years of experience in engineering, selling, installing and maintaining air - cleaning and ventilation systems. With all of our experience, I am confident that our proposed upgrade of the vehicle exhaust system at Station 1 will work to end your vehicle emission concerns. To expedite this project, please sign your approval below and return to our office. Thank you again and I look forward to working with you on this project. Sincerely, Paul Krause 411 Rowland Avenue • Santa Ana, CA 92707 -3445 • Phone: (714) 641 -5005 • Fax: (714) 641 -8503 Contractor's License # 761220 0.•0,0, •.• —0 AIR CLEANING TECHNOLOGY Air Cleaning and Air Pollution Control Systems Chief Richard Guyer El Segundo Fire Department August 5, 2013 Page 3 Acceptance of proposal — the prices, specifications, and attached conditions are satisfactory and are hereby accepted. Air Cleaning Technology Inc. is authorized to do the work as specified. Payment will be made as outlined herein. Authorized Signature Date of Acceptance PO (if required) Printed Name Proposal expires on September 5th, 2013 411 Rowland Avenue • Santa Ana, CA 92707 -3445 • Phone: (714) 641 -5005 • Fax: (714) 641 -8503 Contractor's License # 761220 EL SEGUNDO CITY COUNCIL MEETING DATE: August 20, 2013 AGENDA STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action to authorize a contract amendment with First National Insurance Co., in a form approved by the city Attorney, for change orders related to construction of a beach bathroom and lifeguard facility located at 105 Vista del Mar Ave. (Fiscal Impact: $110,448.25) RECOMMENDED COUNCIL ACTION: 1. Authorize the City Manager to execute a contract amendment, in a form approved by the City Attorney, for change orders related to construction of a beach bathroom and lifeguard facility located at 105 Vista del Mar. 2. Alternatively, discuss and take other possible action related to this item. ATTACHED SUPPORTING DOCUMENTS: None FISCAL IMPACT: Included in Adopted Budget Amount Budgeted: $1,700,000 Additional Appropriation: N/A Account Number(s): 301 - 400 - 8202 -8969 ORIGINATED BY: Stephanie Katsouleas, Public Works Director REVIEWED BY: Stephanie Katsouleas, Public Works Director APPROVED BY: Greg Carpenter, City Manager BACKGROUND AND DISCUSSION: Construction of the El Segundo beach restroom and lifeguard facility was substantially completed and opened on July 3, 2013. The original budget included $1,111,000 for construction and additional $100,000 for contingencies, for a combined total of $1,211,000 million. Now that the building is complete and final invoices received, staff has tallied the expenditures from the surety company, First National Insurance Co., related to the change orders required for completion, which come to $210,448.25. In order to process the final invoices submitted by the surety company, City Council must authorize a contract amendment for the change orders related to construction activities above and beyond the authorized contingency. Staff is therefore requesting that City Council approve an additional $110,448.25 in contingency funds to cover these unforeseen expenses. A summary of those change orders is provided below. Please note that the entire budget, which also includes expenses for design, construction oversight, inspection, mail, advertising, permit fees and security cameras, is estimated to exceed $1.7 million by approximately $60,000. Staff will be requesting additional funds from Supervisor Knabe's office for the overage once all invoices are in and the final balance calculated. Staff anticipates coming back to Council with that information in September when the project is accepted as complete. Change Order 1 r1 $ 4.958.00 Install new 150 ft fence along Chevron property 2r2 $ 46,634.00 Provide and install new storage per ASI #1 3 $ 2,079.00 Powder coat roll up doors 6r1 $ 9,999.00 Install additional low voltage per lifeguard request 7.2 $ 12,047.46 Provide FPR door frames at all man doors 8 $ 1,446.52 Credit for hollow metal door frames 16 $ 16,341.35 DWP fees for setting up 3 -phase power to the project 22.3 $ 11,504.42 Installation of a sand clarifier, not on original plans 28.1 $ 943.78 Vent relocation due to spacing issues with vault placement 29.1 $ 1,399.34 Install drywall and hatches in lifeguard storage room to cover bathroom access &es 33.1 $ 1,580.59 Relocation of vents and slurry invert 35 $ 1,187.85 Electrical panel and conduit relocation 36 $ 358.74 Installation of conduit to upper level for smoke detector 37 $ 750.80 Installation of a fire alarm pull station in the electrical room 38 $ 1,013.49 Installation of conduit for air compressor 41 $ 27,013.36 Labor and materials for new ADA ramp and railings; shower wall modifications due to elevation changes caused by ram 42 $ 1,616.21 New doors for restrooms due to request by police department for viewing access 45 $ 2,008.05 Addition of masonry caps to upper level brick work 46 $ 6,287.22 Additional fencing needed for east side of power pole; barbwire installation and materials on existing fence. 47 $ 3,554.22 Asphalt work to blend elevations at jurisdictional boundary with facilit and parking lot 50% contractor aid 48 $ 878.76 Installation of storm drain needed due to elevation changes near shower wall resulting from ADA ramp installation 49 $ 1,792.59 Adjustments to sewer manholes needed resulting from ADA ramp installation 50 $ 1,226.50 Provide and install pressure reducer for water service 51 $ 1,566.99 New telephone box relocation due to elevation changes resulting from ADA ramp installation 52 $ 10,885.28 Installation of power pole and change to 200 amp service with 3- _phase meter panel; permit fee for installation 54 $ 613.12 Remove guard rail extension on ADA ramp 56 $ 1,826.36 Labor and material to prep and install 3ft2 concrete pad in front of meter panel as required by Southern California Edison 57 $ 1,192.41 Labor and materials to repair cleanouts and cap them j 58 $ 20,484.73 Generator rental for power to the site due to lack of temporary power during construction 59 $ 879.01 Conversion of standard outlets to GFI's with weatherproof cover plates Replacement of (4) 350 MCM wire with #6 ground wire as required by the building inspector to new utility pole and install ground rod near pole 60.1 $ 4,501.19 61 $ 10,426.23 Labor and materials to install video surveillance equipment 64 $ 1,855.37 Installation of 20ga galvanized hat channels at upper floor deck 65 $ 1,363.30 Removal of existing 6" stud wall and installation of 20 ga galvanized metal stud walls to accommodate pipes for ADA clearance 67 $ 1,146.05 ____......... Extend ladder rails in garage to mezzanine area TOTAL EL SEGUNDO CITY COUNCIL MEETING DATE: August 20, 2013 AGENDA STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action confirming the City Manager's authority to execute a lease agreement, in a form approved by the City Attorney, between the City of El Segundo and Chevron for construction and operation of a beach restroom and lifeguard facility located at 105 Vista del Mar. (Fiscal Impact: $1.00) RECOMMENDED COUNCIL ACTION: 1. Confirming the City Manager's authority to execute a lease agreement between the City and Chevron, in a form approved by the City Attorney, for construction and operation of a beach restroom facility located at 105 Vista del Mar. 2. Alternatively, discuss and take other possible action related to this item. ATTACHED SUPPORTING DOCUMENTS: None FISCAL IMPACT: Included in Adopted Budget Amount Budgeted: $1.00 Additional Appropriation: N/A Account Number(s): 001 - 400 - 2601 -6206 ORIGINATED BY: Stephanie Katsouleas, Public Works Director REVIEWED BY: Stephanie Katsouleas, Public Works Director APPROVED BY: Greg Carpenter, City Manager BACKGROUND AND DISCUSSION: In the mid 2000's El Segundo and Chevron began discussing the possibility of constructing a beach facility for El Segundo residents and County lifeguards on land owned by Chevron. Ultimately, Chevron agreed to lease the northwestern most corner of its property to El Segundo as an ideal site for construction. Over the last five years, many City Council actions were taken related to making the project become a reality, and the facility was finally opened to the public on July 3, 2014. Likewise, lifeguard occupancy is imminent. Although it is apparent from the administrative record that the City Council intended to enter into a lease with Chevron; that a lease agreement, approved by the City Attorney, was executed on December 12, 2012; and that both parties intend for the lease to continue, staff was unable to locate specific City Council authority for the City Manager to execute the lease (i.e., a specific agenda item). This oversight is likely due to a number of staffing changes that occurred in Public Works. To ensure that the administrative record is clear, it is recommend that the City Council confirm the City Manager's authority to execute the lease, in a form approved by the City Attorney. A copy of the executed lease is attached. EL SEGUNDO CITY COUNCIL MEETING DATE: August 20, 2013 AGENDA STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action to adopt Resolution authorizing the City Manager to Execute an Agreement with the California Enterprise Development Authority ( "CEDA ") to participate in the California Property Clean Energy Program ( "PACE "); Authorizing the Authority to take action for including property within the City's jurisdiction in the PACE 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 Consenting to Participate in FIGTREE Program 2. For additional information, please see attached staff report from the City of Elk Grove 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 811(AB 811) authorized all California cities and counties to designate areas within which willing property owners could enter into contractual assessments to finance the installation of energy efficiency improvements and renewable energy generation improvements that are permanently affixed to the property. Senate Bill 555 (SB 555) is an expanded authority under the Mello - Roos Community Facilities Act of 1982, enabling the financing of energy efficiency, renewable energy generation, and water conservation measures through a Mello - Roos District. Based on the repayment structure, these types of programs are referred to as Property Assessed Clean Energy, or PACE, programs. Participation in PACE programs are completely voluntary, once an assessment district is formed, property owners voluntarily participate in the district through the submittal/approval of finance assistance. Property taxes remain unchanged for those properties located within the district who do not choose to participate. South Bay City Council of Governments Board of Directors approved participation in the FIGTREE program for PACE funding for energy efficiency projects as well as approved participation in the HERO Program for both residential and commercial properties. SBCCOG is encouraging cities to participate in both programs to allow the City's constituents to be able to pick which program most meets their needs and requirements. There is no cost or liability to the City from participating. RESOLUTION NO. RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A JOINT POWERS AGREEMENT WITH THE CALIFORNIA ENTERPRISE DEVELOPMENT AUTHORITY ( "AUTHORITY ") TO PARTICIPATE IN THE FIGTREE ENERGY FINANCING PROGRAM ( "PROGRAM "); AUTHORIZING THE AUTHORITY TO TAKE ACTION FOR INCLUDING PROPERTY WITHIN THE CITY'S JURISDICTION IN THE 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 California Enterprise Development Authority ( "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 (the "Authority JPA "); & Authority participates in the Figtree Energy Financing Program ( "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 Segundo (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 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, A -1 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 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 adding the City of El Segundo as an Associate Member of the California Enterprise Development Authority 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 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 Program in compliance with the laws, rules and regulations applicable to such program; B. Upon City becoming part of the Program, the City Council consents to Authority assuming jurisdiction of all administrative functions under Chapter 29 and of the 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 Program and authorizes Authority, upon satisfaction of the conditions imposed in this resolution, to take each and every step required for or suitable for financing the Improvements, including the levying, collecting and enforcement of the contractual A -2 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 day of August, 2013. Bill Fisher, Mayor A -3 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 20th 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 0 Karl H. Berger, Assistant City Attorney , EXIBHIT A ASSOCIATE MEMBERSHIP AGREEMENT by and between the CALIFORNIA ENTERPRISE DEVELOPMENT AUTHORITY and the CITY OF , CALIFORNIA THIS ASSOCIATE MEMBERSHIP AGREEMENT (this "Associate Membership Agreement "), dated as of by and between CALIFORNIA ENTERPRISE DEVELOPMENT AUTHORITY (the "Authority ") and the CITY OF , CALIFORNIA, a municipal corporation, duly organized and existing under the laws of the State of California (the "City "); WITNESSETH: WHEREAS, the Cities of Selma, Lancaster and Eureka (individually, a "Member" and collectively, the "Members "), have entered into a Joint Powers Agreement, dated as of June 1, 2006 (the "Agreement "), establishing the Authority and prescribing its purposes and powers; and WHEREAS, the Agreement designates the Executive Committee of the Board of Directors and the President of the California Association for Local Economic Development as the initial Board of Directors of the Authority; and WHEREAS, the Authority has been formed for the purpose, among others, to assist for profit and nonprofit corporations and other entities to obtain financing for projects and purposes serving the public interest; and WHEREAS, the Agreement permits any other local agency in the State of California to join the Authority as an associate member (an "Associate Member "); and WHEREAS, the City desires to become an Associate Member of the Authority; WHEREAS, City Council of the City has adopted a resolution approving the Associate Membership Agreement and the execution and delivery thereof, WHEREAS, the Board of Directors of the Authority has determined that the City should become an Associate Member of the Authority; NOW, THEREFORE, in consideration of the above premises and of the mutual promises herein contained, the Authority and the City do hereby agree as follows: 4833 - 7301- 9141.1 Section 1. Associate Member Status. The City is hereby made an Associate Member of the Authority for all purposes of the Agreement and the Bylaws of the Authority, the provisions of which are hereby incorporated herein by reference. From and after the date of execution and delivery of this Associate Membership Agreement by the City and the Authority, the City shall be and remain an Associate Member of the Authority. Section 2. Restrictions and Rights of Associate Members. The City shall not have the right, as an Associate Member of the Authority, to vote on any action taken by the Board of Directors or by the Voting Members of the Authority. In addition, no officer, employee or representative of the City shall have any right to become an officer or director of the Authority by virtue of the City being an Associate Member of the Authority. Section 3. Effect of Prior Authority Actions. The City hereby agrees to be subject to and bound by all actions previously taken by the Members and the Board of Directors of the Authority to the same extent as the Members of the Authority are subject to and bound by such actions. Section 4. No Obligations of Associate Members. The debts, liabilities and obligations of the Authority shall not be the debts, liabilities and obligations of the City. Section 5. Execution of the Agreement. Execution of this Associate Membership Agreement and the Agreement shall satisfy the requirements of the Agreement and Article XII of the Bylaws of the Authority for participation by the City in all programs and other undertakings of the Authority. 4833 - 7301 - 9141.1 2 IN WITNESS WHEREOF, the parties hereto have caused this Associate Membership Agreement to be executed and attested by their proper officers thereunto duly authorized, on the day and year first set forth above. CALIFORNIA ENTERPRISE DEVELOPMENT AUTHORITY By: Gurbax Sahota, Chair Board of Directors Attest: Michelle Stephens, Asst. Secretary CITY OF . CALIFORNIA In Attest: City Clerk 4833 -7301- 9143.1 City Council Mayor AGENDA ITEM NO. 10.3 CITY OF ELK GROVE CITY COUNCIL STAFF REPORT SCIFrO'AA AGENDA TITLE: Adopt a resolution authorizing the City of Elk Grove to join the California Property Assessed Clean Energy (PACE) Program; authorizing the California Enterprise Development Authority to conduct contractual assessment proceedings and levy contractual assessments within the City of Elk Grove; and authorizing related actions MEETING DATE: June 27, 2012 PREPARED BY Randy Starbuck, DEPARTMENT HEAD: Economic Development Director RECOMMENDED ACTION: Staff recommends that the City Council of the City of Elk Grove adopt resolutions authorizing the City of Elk Grove to join the California Property Assessed Clean Energy (PACE) Program; authorizing the California Enterprise Development Authority ( "CEDA ") to conduct contractual assessments proceedings and levy contractual assessments within the territory of the City of Elk Grove; and authorizing related actions. Offering California PACE in addition to the existing CaliforniaFIRST ( "FIRST ") opportunity will offer Elk Grove property owners a choice in terms of which program best suits their needs for funding energy efficiency investments. BACKGROUND INFORMATION: On July 21, 2008, the Governor signed into law AB 811, property assessed clean energy programs or PACE, which became effective immediately as an urgency measure. Entities may establish a program to enter into 1 Elk Grove City Council June 27, 2012 Page 2 of 7 voluntary contractual assessment agreements with property owners to finance the installation of distributed generation renewable energy sources or energy efficiency improvements that are permanently fixed to real property. Property owners repay the financing through a contractual assessment on their property. The voluntary contractual assessment is recorded as a lien against the subject property, entered in the County tax roll and collected on the property owner's annual tax bill at the same time and in the same manner as property taxes. Since the passage of AB 811, the State has approved Assembly Bill 474 (AB 474) to allow this type of financing for water efficiency improvements. Program participation is voluntary. Property owners select the type of project to install and the contractors with which they choose to contract. PACE programs are designed to advance energy conservation efforts by providing a funding mechanism for the often significant up -front costs associated with such improvements. Performing energy efficiency retrofits to existing residential and commercial properties reduces energy usage and operating expenses, creates jobs in the local economy and cuts greenhouse gas emissions. Staff has met with representatives of two PACE Program service providers, Ygrene and California PACE (CEDA/FigTree). Ygrene and California PACE are very similar programs in that both seek to offer financing to property owners for energy retrofit projects. They differ in the section of state law under which they are formed and operate. Ygrene operates under SB 555, an amendment to the Mello Roos act, passed by the State legislature in 2011. California PACE operates under AB 811. In 2009, the City adopted Resolution No. 2009 -257, entering the City into a PACE program with FIRST. Since entering into that program, no projects in Elk Grove have been funded utilizing FIRST financing. This is due to: 1) FIRST was heavily focused on the residential housing market for their program, which was impacted by; 2) Fannie Mae and Freddie Mac issuing a joint statement that they would not subordinate their loans to voluntary PACE assessments. This effectively ended FIRST's ability to operate. There are no limitations with either program in terms of the City offering multiple PACE Program alternatives. In April 2012, the City of Rancho Cordova authorized a PACE program through California PACE. The City of Sacramento joined with Ygrene's PACE for project financing (September 2 Elk Grove City Council June 27, 2012 Page 3 of 7 2011). Sacramento County teamed up with California FIRST in February 2010 and is currently considering adding the Ygrene program. ANALYSIS: The California PACE program is a cost effective means of offering property owners the opportunity to make energy and water efficiency retrofits and improvements to their property. In many cases, the savings realized far exceed payment obligations required for the financing. California PACE, through cooperation with CEDA as the issuing body, is expected to issue limited obligation bonds, notes or other forms of indebtedness to fund the projects. As with FIRST, Property owners will repay the financing as a line item charge on their property tax bill over a period of years. The amount of financing available to each property owner is determined by the property's assessed value and requires no money down and no credit check. The financing is paid back annually over a period up to 20 years and is transferrable if the property is sold or transferred. The California PACE Program is available to commercial property and available to certain residential properties not subject to Federal Housing Finance Agency (Fannie Mae and Freddie Mac) guidelines. Examples of energy and water saving property improvements include: high efficiency air conditioners, dual -pane windows, renewable energy — such as solar photovoltaic panel systems, insulation, cool roofs, and other such permanently installed energy efficient improvements. Commercial properties that can qualify include: Multi - Family Units (5 or more units), Manufacturing / Industrial, Office, Warehouse, Restaurant / Hotel, Retail / Wholesale, Shopping Centers. Property owners would contract directly with qualified private contractors to provide energy efficiency and solar retrofit projects to their homes and businesses. The California PACE Program has funded retrofit projects through the issuance of bonds in other jurisdictions, including: • City of Palm Springs • City of Fresno • City of Clovis • City of Exeter 3 Elk Grove City Council June 27, 2012 Page 4 of 7 In addition, California PACE will be considered by the City of San Diego in July 2012. To date, California PACE has issued one round of financing for seven projects in the aforementioned cities and is on track to issue a second financing later in 2012 for up to ten projects. The indebtedness will be issued by CEDA and secured solely by the assessment revenues from the liens on participating properties. The cities will not pledge security to the payment of the bonds. All ongoing administration and coordination will be managed by FIGtree Energy Resource Company on behalf of CEDA. FIGTree will be responsible for implementing the program within Elk Grove, including providing assessment administration, obtaining required lender consent to place required PACE repayment liens against the property, issuing the bonds and coordinating directly with property owners for application processing, eligibility determination, quality assurance and customer service. Highlights of this program include: • no credit or general obligation risk for City; • immediate construction job creation; • greenhouse gas reductions / energy independence; and • property owners get access to financing options for energy efficiency, water efficiency and renewable energy improvements. Energy efficiency projects assist the City in meeting local environmental and economic development goals without committing staff to design, implement or administer such programs. The program does not impose any substantial financial or administrative burdens to the City. Adding California PACE to the existing California FIRST relationship will offer Elk Grove property owners a choice in terms of which program best suits their needs for funding energy efficiency investments. There seem to be a few distinct advantages of the Ygrene program under SIB 555. First, Ygrene has secured private financing for the debt issuance and the proceeds are immediately available to applicants, as opposed to the California PACE program, where the property owner has to wait for the administrator to gather enough participants to conduct a bond sale with the California PACE program. Second, the Ygrene program potentially offers a lower interest rate. The interest rate through Ygrene is known at the time of application to the 2 Elk Grove City Council June 27, 2012 Page 5 of 7 program by the property owner. The interest rate through California PACE will depend upon the number of participants in each bond issuance and the market conditions at the time of issuance. Also, the Ygrene program includes a commercial contractor program wherein commercial contractors, after satisfying certain criteria, become preferred contractors for the improvement projects financed through the program. While there are some aforementioned advantages to the Ygrene program, there are potential disadvantages to the Ygrene program. Primarily, the need in obtaining lender approvals subject to existing debt on a property participating in PACE. Both programs result in a tax lien which is senior to any mortgage that may exist on the property. Most commercial /residential properties are encumbered by Deeds of Trusts that have a clause that the property owner may not voluntarily enter into an agreement which would result in a lien that is senior to the mortgage without lender approval. Both FIRST and California PACE programs require obtaining lender consent prior to the placement of liens. Both FIRST and California PACE implemented the consent approach to mitigate the lien priority issues with mortgage companies. Under California PACE, the administrator obtains the written consent of the mortgage holder to place the lien on the property (which is automatically superior to the mortgage lien, since it is a "tax" lien) prior to debt issuance. This guarantees that the mortgage company does not object to the PACE financing, giving approval for a senior lien, which protects the property owner from future remedial action by the mortgage holder. Ygrene's program does not require mortgage lender consent prior to issuance of the financing and the placing of liens on the property. The Ygrene program only requires lender notification. Consent is implied if the lender does not respond to the notification within 30 days. Staff is concerned that this may put considerable risk on the commercial property owners. If the mortgage lender contests the lien after the 30 day notification period, property owners could still be subject to remedial action by their mortgage holder. Such action could include a demand for the immediate removal of the assessment lien, immediate payment of the mortgage in full, or foreclosure. While Ygrene assures that this would not A Elk Grove City Council June 27, 2012 Page 6 of 7 be the case due to the tax lien structure of their program, ultimately it is the decision of the lenders involved that is of concern. Lender consent protects the City's reputation as well. While the City assumes no liabilities with either PACE program, if property owners are subjected to remedial action by their mortgage holder due to their participation in a City authorized program, it could damage the City of Elk Grove's image and reputation. It is prudent to wait until the Ygrene program has been operating smoothly, with demonstration of no unintended consequences for participating properties, before recommending participation in the program. Because of the potential benefits of the Ygrene program, staff will continue to monitor their implementation and track record. If the program is successful, the City can reconsider the Ygrene program. The attached Resolution authorizes the City's participation in the California PACE Program for financing of renewable energy, energy efficiency and water efficiency improvements. It also authorizes CEDA to conduct the required assessment district proceedings on behalf of the City and authorizes CEDA to levy contractual assessments and related actions within the City. ENVIRONMENTAL ANALYSIS: The proposed resolution is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3), which states that CEQA only applies to projects which have the potential for causing a significant effect on the environment. However, individual projects funded under the PACE program would still have to conform to the applicable aspects of CEQA as part of required land use and zoning regulations in Elk Grove. FISCAL IMPACT: There are no fiscal impacts to the City associated with authorizing the California PACE Program or with the subsequent issuance of bonds, notes or other forms of indebtedness issued by the California PACE Program. L EL SEGUNDO CITY COUNCIL MEETING DATE: August 20, 2013 AGENDA STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action to Contracting Services, Inc. for the Par k Project. Project No. PW 13 -20 (Fisc Fund) RECOMMENDED COUNCIL ACTION: award a standard Public Works Contract to Best Vista Senior Housing Facility Roof Replacement al Impact: $381,000 from Park Vista Enterprise Authorize the City Manager to approve a standard Public Works Contract in a form approved by the City Attorney with Best Contracting Services, Inc. in the amount of $346,333.00 for the Park Vista Senior Housing Facility roof replacement 2. Authorize $34,667.00 for construction related contingencies. 3. Alternatively, discuss and take other possible action related to this item. ATTACHED SUPPORTING DOCUMENTS: Location map FISCAL IMPACT: None Amount Budgeted: $0 Additional Appropriation: No. Account Number(s): Funded through the Park Vista Enterprise Fund ORIGINATED BY: Floriza Rivera, Principal Engineer REVIEWED BY: Stephanie Katsouleas, Public Works Director APPROVED BY: Greg Carpenter, City Manager BACKGROUND AND DISCUSSION: The Park Vista Senior Housing facility, which consists of 97 apartment units was constructed in the mid -1980s and opened to residents in 1987. The building is approximately 27 years old and now in need of roof replacement due to its age and onset of roof leaks. Although the building's management and operations are overseen by the Park Vista Senior Housing Corporation, Public Works implements large capital projects related to maintenance and repair of the building. This past spring, Public Works issued a call for bids and on May 9, 2013, presented three roofing bids received to the Park Vista Board. Because the lowest bid ($398,000) exceeded the funding the Corporation had allocated for the project, its Board Members recommended that all bids be rejected and requested that a new bid be released with modified specifications. On May 21, 2013, City Council took the Board Member's recommendation and rejected all bids for the Park Vista roof replacement. C s Following adoption of new plans and specifications on June 4, 2013, Project No. PW 13 -20, Park Vista Senior Housing Facility Roof Repairs, was advertised for receipt of construction bids by Public Works. The specifications called for a cold - process, built -up roofing system and also included new metal edging, coping and flashing as needed, new roof installation, and installation of an SBS modified bitumen membrane for waterproofing. On July 30, 2013, the City Clerk received and opened two (2) bids as follows: Best Contracting Services, Inc. $346,333 Tecta America $588,000 The lowest responsible bid for the Park Vista Senior Housing Facility was submitted by Best Contracting Services for $346,333. Staff checked references and received several favorable reviews from cities that contracted with Best for similar work. Staff presented the new bid results to the Park Vista Senior Housing Corporation during a special meeting held on August 13, 2013. At the meeting, Board Members motioned to accept Best Contracting's bid and move forward with the project. If you will recall, the Senior Housing Corporation makes recommendations which are then forwarded to City Council for consideration and final approval. Once approved, the City will execute a contract with Best Enterprises. All financial accounting will be performed and invoices processed through the Corporation, while Public Works will manage the construction portion of the project. Staff therefore recommends that City Council approve the Park Vista Senior Housing Corporation's recommendation to award a Public Works standard contract in the amount of $346,333 to Best Contracting Services, Inc. for replacement of the Park Vista Senior Housing Facility roof and approve $34,667 ( -10 %) in contingency funds for unforeseen conditions. The project is anticipated to start near the beginning of October and be completed near the onset of the rainy season. CL Q Z W U) H U W - "i O IY CL U) Q CL w w LL O O Q U) Y ry Q d. O N I M r a. w J Q F- 0 z `1S Vld2131S ?� C w z �Z w ¢ o co w O = O � o Q OLL LL O °' } Xwp W¢V J ocQO J0 0 CL � Z ¢CA II �WH] ¢ V J dwW '1S NN3d '1S NOO13HS Y a } U "1S VN3aV uj w z CL 'uo snid.kivon3 EL SEGUNDO CITY COUNCIL MEETING DATE: August 20, 2013 AGENDA STATEMENT AGENDA HEADING: New Business AGENDA DESCRIPTION: Consideration and possible action to provide direction to staff on whether to waive the two year, open cut moratorium on streets recently resurfaced and allow NanoH2o to cut into the 700 -800 block of Lairport Street before the expiration of the moratorium in February 2014. (Fiscal Impact: None) RECOMMENDED COUNCIL ACTION: 1. Provide direction to staff on whether to allow NanoH2o to cut into Lairport (bore pit) prior to the February 2014 expiration of the open cut moratorium placed on street resurfacing projects; or 2. Alternatively, discuss and take other possible 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: Ted Shove, Economic Development Analyst day REVIEWED BY: Stephanie Katsouleas, Public Works Director APPROVED BY: Greg Carpenter, City Manager BACKGROUND AND DISCUSSION: NanoH2o is a company in El Segundo, located at 750 Lairport Street, which manufactures and tests specialized reverse osmosis water purification systems. The QA/QC process for testing these systems requires NanoH2o to discharge large quantities (approximately 50,000 gal /day) of clean water to the sewer system. The large discharges have created a significant financial burden to the company due the County Sanitation District fees associated with sewer discharges, which are assessed on a volume basis. As an alternative solution, in May 2013, the Los Angeles Regional Water Quality Control Board (Regional Board) granted approval to NanoH2o to allow its clean water discharges to be released to the storm drain system, resulting in significant financial savings to the company. Please note that the Regional Board requires routine monitoring and assessment to confirm that such discharges do not contribute pollution to receiving water bodies. A] Following Regional Board approval, NanoH2o approached the City with plans to connect to the 48" storm drain located in front of its property on Lairport Street. The City informed NanoH2o that the street is currently under a 2 -year moratorium which does not expire until February, 2014. It has been a long standing City policy to impose a 2 -year moratorium on allowing any alterations to streets that are recently resurfaced. As part of that policy, the City makes every effort to notify utilities well in advance and encourages them to proceed with any projects that would affect the project area before street work commences. NanoH2o would not have been able to proceed with its own street work prior to the City's resurfacing project because consideration of storm drain discharges had not yet been explored or approved. NanoH2o's request to make alterations to Lairport Street would require the excavation of a receiving pit (not to exceed 6'x 6') on the east side of the centerline of the street, where the storm drain is located, in order to make a proper connection into the storm drain utilizing directional boring. NanoH2o is claiming a financial hardship as a result of the two year moratorium for two primary reasons. The cost to discharge into the County's sanitary sewer system (current method) is approximately $25,000 /month, whereas discharging to the storm drain system is estimated to cost approximately $4,500 /year (resulting in $295,500 annual savings). Please note that staff presented an alternative option to NanoH2o so that the moratorium could remain intact, which included trenching behind the curb line to the nearest catch basin approximately 280ft to the south. The cost of trenching to the catch basin was estimated to cost $120,161, whereas the cost of directional boring to the storm drain on Lairport St. was estimated at $34,422. The cost of simply waiting until February when the moratorium will be lifted is estimated at $125,000 (five months). Staff is requesting City Council direction on whether to grant this waiver request based upon the City's historical policy of enforcing 2 -year, open cut moratoriums on recent street resurfacing projects while considering the potential financial implications these alternatives have on NanoH2o.