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2012 Aug 07 - 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 7, 2012 — 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: 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(a) -0- matter CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code §54956.9(b): -0- matter. Initiation of litigation pursuant to Government Code §54956.9(c): -1- matter. DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957): - 0- matter APPOINTMENT OF PUBLIC EMPLOYEE (Gov't. Code § 54957) — 0 - matter CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957.6): -3- matters 1. Represented Group: Supervisory and Professional Employees Association (SPEA). Negotiator: Greg Carpenter, City Manager 2. Unrepresented Group: Executive Management Group (City Department Heads) Negotiator: Greg Carpenter, City Manager 3. Unrepresented Group: Management Confidential Group (Non- represented, non - department head employees) Negotiator: Greg Carpenter, City Manager CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8): -0- matters 2 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 7, 20"12 - 7:00 P.M. 7:00 P.M. SESSION CALL TO ORDER INVOCATION — Rob McKenna Pastor, The Bridge PLEDGE OF ALLEGIANCE — Council Member Fellhauer PRESENTATIONS a) Presentation by NRG Energy regarding its Sustainable Communities Pilot Program for El Segundo's residents and businesses. ROLL CALL PUBLIC COMMUNICATIONS — (Related to City Business Only — 5 minute limit per person, 30 minute limit total) Individuals who have received value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so identify themselves prior to addressing the City Council. Failure to do so shall be a misdemeanor and punishable by a fine of $250. While all comments are welcome, the Brown Act does not allow Council to take action on any item not on the agenda. The Council will respond to comments after Public Communications is closed. A. PROCEDURAL MOTIONS Consideration of a motion to read all ordinances and resolutions on the Agenda by title only. Recommendation — Approval. B. SPECIAL ORDERS OF BUSINESS (PUBLIC HEARING) 1. Consideration and possible action to open a public hearing and receive testimony to; (1 approve an Environmental Assessment (EA No. 959) for a proposed Addendum to a Mitigated Negative Declaration, including the Errata to the Addendum and the Mitigation Monitoring and Reporting Program (MMRP); and 2) approve General Plan Amendment No. GPA 12- 01, Specific Plan Amendment 12 -01, Zone Change No. ZC 12 -01, Zone Text Amendment No. ZTA 12 -01, Development Agreement No. DA 12 -01, Subdivision No. SUB 12-02, and Site Plan Review No. 12 -01 with conditions for the 222 Kansas Street Specific Plan and related development project at 222 Kansas Street. Applicant: Mar Ventures, Inc. on behalf of SMPO Lab, LLC. (Fiscal Impact: $450,000.00 Developer Contribution) Recommendation — 1) Open the Public Hearing; 2) Discussion; 3) Adopt a resolution approving an Addendum to a Mitigated Negative Declaration (Environmental Assessment No. 959), including the Errata to the Addendum, implementing Mitigation Monitoring and Reporting Program (MMRP), amending the General Plan (Amendment No. 12 -01), and approving the Subdivision (Subdivision No. 12 -01); 4) Introduce and waive first reading of Ordinance for Specific Plan Amendment No. 12 -01, Zone Change No. 12 -01, Zone Text Amendment No. 12 -01, Development Agreement 12 -01, and Site Plan Review No 12 -01; 5) Schedule second reading and adoption of Ordinance on August 21, 2012; 6) Alternatively discuss and take other action related to this item. 4 4 C. UNFINISHED BUSINESS 2. Presentation: Oral Report by the City of El Segundo Chief of Police, Mitch Tavera, related to parking and traffic restriction recommendations at Washington Street and Walnut Avenue and Holly Avenue at Washington Street and Kansas Street. Fiscal Impact: NIA Recommendation — 1) Receive and File presentation; 2) Alternatively discuss and take other action related to this item. D. REPORTS OF COMMITTEES, COMMISSIONS AND BOARDS E. CONSENT AGENDA All items listed are to be adopted by one motion without discussion and passed unanimously. If a call for discussion of an item is made, the item {s) will be considered individually under the next heading of business. 3. Warrant Numbers 2588435- 2588628 on Register No. 20 in the total amount of $1,160,264.99 and Wire Transfers from 716112 through 7/19112 in the total amount of $2,771,879.10. Recommendation — Approve Warrant Demand Register and authorize staff to release. Ratify Payroll and Employee Benefit checks; checks released early due to contracts or agreement; emergency disbursements and/or adjustments; and wire transfers. 4. Regular City Council City Council Meeting Minutes of July 17, 2012, and Special Agenda Closed Session) Meeting Minutes of July 17, 2012. Recommendation — Approval. 5. 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 action related to this item. 6. Consideration and possible action regarding a thirty (30) day provisional appointment extension for the position of Interim Administrative Specialist in the Fire Department. Fiscal Impact: $2,100.00 Recommendation — 1) Approve the thirty (30) day provisional appointment extension for the position of Interim Administrative Specialist; 2) Alternatively discuss and take other action related to this item. 7. Consideration and possible action regarding step placement approval for a newly promoted employee to the Management/Confidential class of Information Systems Manager. Fiscal Impact: $$11,735.00 Salary difference between Step A and proposed Ste p C Recommendation — 1) Approve recommended step placement within the Information Systems Manager salary range; 2) Alternatively discuss and take other action related to this item. S. Consideration and possible action regarding 1) Approval of a new Class Specification for Information Systems Specialist; 2) Adoption of a Resolution establishing the basic monthly salary range for Information Systems Specialist; 3) Approval of the proposed examination plan; and 4) Elimination of the Network Technician and Application Specialist classifications. Fiscal Impact: None Recommendation — 1) Approve the proposed Class Specification; 2) Adopt the Resolution establishing the basic monthly salary range for the classification of information System Specialist; 3) Approve the proposed Examination Plan; 4) Approve elimination of the Application Specialist and Network Technician classifications; 5) Alternatively discuss and take other action related to this item. 6 9. Consideration and possible action to 1) Approve a Reimbursement Agreement between the City of El Segundo and the County of Los Angeles, Department of Public Works for the restoration of Aviation Blvd. 2) Adopt revised Plans and Specifications for rehabilitation of Aviation Blvd. from 116th Street to El Segundo Blvd. Approve Capital Improvement Project. Project No.; 12-02 (Fiscal Impact: $507,975.00 (City portion), $683,025.00 (Los Angeles County reimbursement ) fora project total of $1,191,000.00 Recommendation — 1) Approve the Reimbursement Agreement; 2) Authorize the Mayor to sign the Reimbursement Agreement in a form approved by the City Attorney; 3) Adopt revised Plans and Specifications; 4) Authorize staff to advertise the project for receipt of construction bids; 5) Alternatively discuss and take other action related to this item. CALL ITEMS FROM CONSENT AGENDA F. NEW BUSINESS 10.Consideration and possible action regarding 1) Introduction of an Ordinance and 2) Adoption of a Resolution of Intention to approve an Amendment to the Contract between the Board of Administration of the California Public Employees' Retirement System (CaIPERS) and the El Segundo City Council to (a) Provide Government Code Section 20516(a) (3% Employee Cost Sharing of Additional Benefits) applicable to Local Fire Members and (b) Provide Government Code Section 20475 (Different Level of Benefits for the 3% @ 55 formula) for Local Police Members entering into membership after the effective date of the Contract; and 3) Approval for Staff to administer the Employee Election for Local Fire (Fiscal Impact: 1) Cost savings based on the 3% Cost Sharing under GC § 20516(a) estimated at $164,534.08 for Fiscal Year 2012113 2) Unknown decrease in the employer safety rate as new employees are hired into the Second Tier). Recommendation — 1) Introduce and waive the First Reading of the Ordinance; 2) Adopt the Resolution of Intention; 3) Approve Staff to administer the Employee Election for Cost Sharing; 4) Alternatively discuss and take other action related to this item. G. REPORTS — CITY MANAGER H. REPORTS — CITY ATTORNEY I. REPORTS — CITY CLERK 7 J. REPORTS — CITY TREASURER K. REPORTS — CITY COUNCIL MEMBERS Council Member Fellhauer — 11. Consideration and possible action to direct staff to prepare a policy prioritizing funding for sidewalk, curb and gutter installation, repairs and replacement for City Council Consideration. Fiscal Impact: None Recommendation — 1) Direct staff to prepare a policy prioritizing funding for sidewalk, curb and gutter installation, repairs and replacement for City Council consideration; 2) Alternatively discuss and take other action related to this item. Council Member Atkinson — Council Member Fisher — Mayor Pro Tern Fuentes — Mayor Jacobson - 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 store .) 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. 8 REPORT OF ACTION TAKEN IN CLOSED SESSION (ii required) ADJOURNMENT POSTED: DATE: -t-t2- TIME: 1 30 a-yy\- NAME: ol"aD N Presentation by NRG Energy regarding its Sustainable Communities Pilot Program for El Segundo's residents and businesses ?0 EL SEGUNDO CITY COUNCIL MEETING DATE: August 7, 2012 AGENDA STATEMENT AGENDA HEADING: Special Order of Business - Public Hearing AGENDA DESCRIPTION: Consideration and possible action to open a public hearing and receive testimony to: 1) approve an Environmental Assessment (EA No. 959) for a proposed Addendum to a Mitigated Negative Declaration, including the Errata to the Addendum and the Mitigation Monitoring and Reporting Program (MMRP); and 2) approve General Plan Amendment No. GPA 12 -01, Specific Plan Amendment 12 -01, Zone Change No. ZC 12 -01, Zone Text Amendment No. ZTA 12 -01, Development Agreement No. DA 12 -01, Subdivision No. SUB 12 -02, and Site Plan Review No. 12 -01 with conditions for the 222 Kansas Street Specific Plan and related development project at 222 Kansas Street. Applicant: Mar Ventures, Inc. on behalf of SMPO Lab, LLC (Fiscal Impact: $450,000 Developer Contribution) RECOMMENDED COUNCIL ACTION: 1. Open the Public Hearing; 2. Discussion; 3. Adopt a Resolution approving an Addendum to a Mitigated Negative Dclaration (Environmental Assessment No. 959), including the Errata to the Addendum, implementing Mitigation Monitoring and Reporting Program (MMRP), amending the General Plan (Amendment No. 12 -01), and approving the Subdivision (Subdivision No. 12 -02); 4. Introduce, and waive first reading, of Ordinance for Specific Plan Amendment No. 12 -01, Zone Change No. 12 -01, Zone Text Amendment No. 12 -01, Development Agreement No. 12 -01, and Site Plan Review No. 12 -01; 5. Schedule second reading and adoption of Ordinance on August 21, 2012; and/or 6. Alternatively, discuss and take other possible related action to this item. ATTACHED SUPPORTING DOCUMENTS: 1. Draft City Council Resolution and attachments, including the MMRP 2. Draft Ordinance and Exhibits including the 222 Kansas Street Specific Plan and the Draft Development Agreement 3. Planning Commission Resolution No. 2721, as adopted 4. Applications 5. Letter granting approval of Lot Line Adjustment (LLA) No. 12 -03, dated June 27, 2012 6. Description of the USDA Animal and Plant Health Inspection Services ( "APHIS ") facility operations 7. Existing Land Use Map 8. Proposed Land Use Map 9. Existing Zoning Map 10. Proposed Zoning Map 11. Initial Study/MND 12. Final Addendum to the Mitigated Negative Declaration (including the Errata) 13. Project Plans 1 1 11 FISCAL IMPACT: $450,000 (Contribution to the General Fund in lieu of taxes) Amount Budgeted: NIA Additional Appropriation: NIA Account Number(s): NIA ORIGINATED BY: Kimberly Christensen, AICP, Planning Manager REVIEWED BY: Sam Lee, Director of Planning ay Building Safety APPROVED BY: Greg Carpenter, City Manager BACKGROUND AND DISCUSSION: 1. Introduction Mar Ventures, Inc. (on behalf of SMPO Lab, LLC) requests that the City Council, approve Environmental Assessment (EA No. 959) for a proposed Addendum to a Mitigated Negative Declaration, including the Errata to the Addendum and the Mitigation Monitoring and Reporting Program (MMRP), and approve General Plan Amendment No. GPA 12 -01, Specific Plan Amendment 12 -01, Zone Change No. ZC 12 -01, Zone Text Amendment No. ZTA 12 -01, Development Agreement No. DA 12 -01, Subdivision No. SUB 12 -02, and Site Plan Review No. 12 -01 to approve the 222 Kansas Street Specific Plan and to allow construction of a 45,152 square -foot facility operated by the United States Department of Agriculture (USDA) used for Animal and Plant Health Inspection Services ( "APHIS "), and 2 two -story office buildings 29,706 square feet in floor area (17,051 square feet and 12,655 square feet). An existing vehicle parking and storage facility for the Jim and Jack's auto - repair business would remain on one of the parcels within the Specific Plan area. The proposed development would provide a floor area ratio (FAR) of 0.34, while the proposed Specific Plan permits a maximum FAR of 0.60. Project Applications The applications include the following: 1) Environmental Assessment (EA) No. 959 — An Addendum to the approved Initial Study/Mitigated Negative Declaration (IS/MND) and an Errata to the Addendum for Environmental Assessment No 788 (Segundo Business Park - EA 788, SHSPR 08 -01, LLA 08 -07, and SUB 08 -01) is proposed for this project pursuant to CEQA Guidelines § 15164. The Addendum need not be circulated for public review (CEQA Guidelines § 15164(c)). However, an addendum must be considered by the City Council before making a decision on the project (CEQA Guidelines § 15164(d)). (See Exhibits 1, 11 and 12) 2) General Plan Amendment (GPA) No. 12 -01 — An amendment to the General Plan to re- designate the 4.83 -acre project site from Smoky Hollow Mixed Use to "222 Kansas Street Specific Plan" (222 KSSP). The requested General Plan Amendment will change the currently permitted uses to allow for government office and laboratory uses, general and medical office uses, and prohibit commercial retail uses, restaurants and freight forwarding uses (See Exhibits 1, 7 and 8). 2 12 3) Specific Plan Amendment (SPA) No. 12 -01— An amendment to the Smoky Hollow Specific Plan to remove the subject property from the Specific Plan boundaries and to establish a new "222 Kansas Street Specific Plan" (222 KSSP) and that establishes the development standards within the Specific Plan (Exhibit 2B). 4) Zone Change (ZC) No. 12 -01 — Amend the Zoning Map to rezone the project site from the Medium Manufacturing (MM) Zone with a Grand Avenue Commercial (GAC) Overlay District to the 222 Kansas Street Specific Plan (222 KSSP) Zone (See Exhibits 2A, 9 and 10). The requested rezoning will allow for consistency with the proposed General Plan Amendment. 5) Zone Text Amendment (ZTA) No. 12-01, — A) Add 222 Kansas Street Specific Plan to ESMC § 15 -3 -1; B) Add a new ESMC § 15- 3- 2(A)(8) "222 Kansas Street Specific Plan "; and C) Modify ESMC Chapter 15 -11 to update the Smoky Hollow Specific Plan (SHSP) map exhibits; 6) Development Agreement (DA )No. -12 01 — Approve the Development Agreement to provide public benefits in exchange for development rights (ten -year entitlement with the option for a five year extension) (See Exhibit 2E). 7) Subdivision (SUB) No. 12 -02 (VTM No. 71903) — Approve a vesting tentative map allowing the applicant to subdivide the northern parcel of the property into four separate lots and additional subdivision of 20 commercial condominium air space units (See Exhibit 13). 8) Site Plan Review (SPR) No. 12 -01 - Approve a site plan proposed for the property and the design of the 45,152 square -foot USDA facility building on the southern portion of the site and the two 2 -story office buildings, totaling approximately 31,000 square feet, on the northern portion of the site subject to the requirements of the 222 KSSP (See Exhibit 13). II. Background On July 12, 2012, the Planning Commission held a public hearing on the proposed project. After receiving testimony and documentary evidence, the Commission adopted Resolution No. 2721, recommending City Council approval of Environmental Assessment (EA) No. 959, General Plan Amendment (GPA) No. 12 -01, Specific Plan Amendment (SPA) No. 12 -01, Zone Change (ZC) No. 12 -01, Zone Text Amendment (ZTA) No. 12 -01, Development Agreement (DA) No. 12 -01, Subdivision (SUB) No. 12- 02, and Site Plan Review (SPR) No. 12 -01. Site Description The project site is located on the east side of Kansas Street between Grand Avenue and Franklin Avenue, in the Medium Manufacturing (MM) Zone of the Smoky Hollow Specific Plan. It fronts on Grand Avenue to the north, Kansas Street to the west, Franklin Avenue to the south, the Military Entrance Processing Station (MEPS) and a light 13 industrial property to the east. The site is surrounded by residential, general office, light industrial, and auto - repair uses to the north, medical offices (MEPS) and light industrial uses to the east, office and light industrial uses to the south, and light industrial uses to the west. The surrounding land uses are described in Table 2. Table 2 Surrounding Land Uses Direction Land Use Zone Northwest Multi- Family Residential Medium Density Residential (MDR) North Light Industrial, General Office, and Medium Manufacturing (MM) Auto-Repair South Light Industrial and General Office Medium Manufacturing (MM) Medical Office (MEPS) and Light East Industrial Medium Manufacturing (MM) West Light Industrial Medium Manufacturing (MM) Most of the site was formerly occupied by the International Rectifier Company for manufacturing purposes, but is currently vacant. A portion of the site (6,593 square feet) at the northeast corner is paved and used as overflow vehicle parking and storage the Jim and Jack's auto repair facility across Grand Avenue. Overall, the site is relatively flat except for a 15 to 25 -foot tall stockpile of crushed rock in the southeast corner, and has a one percent slope from north to south. It is roughly rectangular and measures approximately 4.83 acres (gross). Access to the vehicle parking and storage lot is currently provided via a driveway on Grand Avenue. The rest of the site takes access via a driveway on Kansas Street and a second driveway on Franklin Avenue. Original Project (Segundo Business Park) Description On February 26, 2009, the Planning Commission approved Environmental Assessment No. EA -788, Subdivision (SUB) No. 08 -01, and Smoky Hollow Site Plan Review (SHSP) No. 08 -01 to allow a development project that included: a) construction of five one and two -story buildings totaling 79,513 square feet and b) subdivision of the existing lot and five (5) buildings into 55 condominium air space units. The previously approved project would have been constructed subject to the development standards of the Medium Manufacturing (MM) Zone. The proposed uses for the project were light industrial, general office, and restaurant uses, and the proposed FAR was 0.37. Current Project (222 Kansas Street Specific Plan) Description The applicant proposes to construct the project in two phases. Phase 1 would consist of a new USDA facility located on a 3.1 -acre parcel in the south portion of the site. The proposed 45,152 square -foot building would be single -story and 25 -feet, 8- inches in 4 14 height. It would be served by two surface parking areas containing a total of 108 parking spaces. One of the parking areas would be located on the eastern portion of the site at the rear of the USDA building and it would be restricted to employee parking only. This parking area would also house the loading spaces adjacent to the rear loading dock, a trash enclosure, and a mechanical equipment enclosure where they would be screened from public view behind a gate that accesses the employee parking area. The second parking area would be located in front of the building at the southwest corner of the property (intersection of Kansas and Franklin Streets, which would be accessible to both employees and visitors to the facility. Access to the USDA facility would be provided by one driveway on Kansas Street and two driveways on Franklin Avenue. The USDA building would be occupied with office, laboratory, and warehousing functions. Specifically, the USDA intends to use this building to house its Animal and Plant Health Inspection Services ( "APHIS "), which handles the inspection and holding of animals and plants imported into or exported from the United States through Los Angeles International Airport (LAX) and the Long Beach seaport. A detailed description of the facility's operations is attached to this report (Exhibit 6). Phase 2 of the development would consist of two two -story office buildings with frontage on Grand Avenue and Kansas Street located on a 1.55 -acre parcel in the northern portion of the site. The buildings would be 40 feet in height and 12,655 square feet and 17,051 square feet respectively. The 17,051 square -foot building would be located at the northwest corner of the property and would be setback five feet from Kansas Street and ten feet from Grand Avenue respectively. This building would be oriented with the front facade facing Kansas Street. The second building would be located east of the first building with the front facade oriented parallel to the Grand Avenue frontage, and would be setback ten feet from the proposed property line on Grand. The buildings would be served by a parking area located behind them with limited visibility from the public rights -of -way. The parking area would include 103 parking spaces. The loading space and trash enclosure are located in the eastern portion of the parking area where they are less visible from the public rights -of -way. Vehicular access to the buildings and their parking area would be provided by a driveway on Kansas Street. The vehicle parking and storage area for Jim and Jack's would be reconstructed as part of Phase 2 on a separate lot and will continue to take access from a driveway along Grand Avenue. There are no specific tenants proposed for the buildings in Phase 2 at this time. The buildings may be occupied by any of the permitted uses in the proposed Specific Plan. Those uses include, but are not limited to, general offices, medical and dental offices, and light industrial uses. Subdivision The proposed Vesting Tentative Map (VTM) No. 71903 would subdivide the 1.55 -acre parcel into 4 lots. Lot 1 would be developed with a two - story, 12,655 square -foot office/light industrial use building; Lot 2 would be developed with a two - story, 17,051 square -foot office /light industrial use building; Lot 3 would be developed with a parking lot for 103 parking spaces; and Lot 4 would be redeveloped into a 21- parking space vehicle parking and storage lot for the Jim and Jack's auto - repair facility that is located across the street on Grand Avenue. Lots 1 and 2 would be further divided into ten 15 condominium air space units each. Lots 1, 2 and 3 would be tied together for shared access purposes and to provide shared parking for the two office buildings. Land Dedication The project includes a dedication of 10 feet along Grand Avenue, 5 feet along Kansas Street, and 5 feet along Franklin Avenue to be used for public right -of -way improvements. The total area of this dedication is 7,920 square feet. Further, the project includes an irrevocable offer to dedicate an additional 9 feet along Grand Avenue. These land dedications and the irrevocable offer to dedicate land are both necessary to meet the minimum right-of-way requirements of the General Plan Circulation Element. Grand Avenue is classified as a secondary arterial. Kansas and Franklin Streets are classified as commercial local streets. General Plan Amendment and Zone Change The proposed General Plan Amendment and Zone Change would establish the 222 Kansas Street Specific Plan (222 KSSP). The proposed Specific Plan (Exhibit 2B) would replace the existing General Plan designation and the Zoning classification for the 4.83 - acre site. The Land Use Map will be amended to re- designate the 4.83 acres site from Smoky Hollow Mixed Use to "222 Kansas Street Specific Plan" (222 KSSP). The Zoning Map will be amended to rezone the project site from the Medium Manufacturing (MM) Zone with a Grand Avenue Commercial (GAC) Overlay District to the 222 Kansas Street Specific Plan (222 KSSP) Zone. The requested General Plan Amendment will change the currently permitted uses to allow for government office and laboratory uses, general office uses, medical and dental office uses, light industrial uses. The proposed Specific Plan will prohibit freight forwarding uses, commercial retail uses, restaurants, and cafes, and unlike the Smoky Hollow Specific Plan MM Zone, the plan will not restrict office uses to 15,000 square feet per lot. The requested rezoning will allow for consistency with the proposed General Plan Amendment. The proposed Specific Plan will have some minor differences from the Smoky Hollow Specific Plan relating to the minimum lot area, setback, parking, access, and design standards. The Specific Plan would also allow for the transfer of development rights between lots within the specific plan area, create a site plan review process, and create an administrative process for minor modifications to its provisions. The Specific Plan will guide the build -out of the project site in a manner that is consistent with City and State policies and standards and ensures that the project is developed in a coordinated manner. The proposed Specific Plan is consistent with the General Plan, as amended. Specific Plan Amendment and Zone Text Amendment The proposed Specific Plan Amendment is intended to remove the subject 4.83 -acre property from the Smoky Hollow Specific Plan (SHSP). The proposed Zone Text Amendment will modify ESMC Title 15 (Zoning Regulations) to add the new 222 Kansas Street Specific Plan to ESMC § 15 -3 -1; to add ESMC § 15- 3- 2(A)(8) to establish the "222 Kansas Street Specific Plan"; and to modify ESMC Chapter 15 -11 to update the 6 16 Smoky Hollow Specific Plan (SHSP) map exhibits to remove the subject 4.83 -acre area from the Smoky Hollow Specific Plan boundaries. Site Plan Review and Zoning Consistency The proposed Specific Plan contains regulations regarding permitted uses, development standards, and a Site Plan Review process to ensure that new developments are consistent with the Specific Plan's regulations. The proposed Site Plan for the development project meets the development standards set forth in the 222 Kansas Street Specific Plan Chapter 4.0 regarding Land Use and Development Standards (See Exhibit 2B). Development Agreement The proposed Development Agreement includes a 10 -year term (Exhibit 2E). The Development Agreement as drafted allows either the developer or the City to unilaterally extend the Agreement for an additional term of five - years. These terms are similar to previous Development Agreements for the 540 East Imperial Avenue Specific Plan, the 199 North Continental Boulevard, Plaza El Segundo, Campus El Segundo, and the Everest Storage projects. Recent Development Agreements for the Grand Avenue Corporate Center and Mattel Inc. have set eight -year terms with no extension provisions. The applicant proposes to pay an in -lieu fee for the loss of taxes to the City resulting from the use of the 45,152 square -foot building on the southern portion of the site for a government facility (the USDA) as specified in Development Agreement Section 5.7. The developer agrees to deposit a total of $450,000 with the City: $225,000 at the time of building permit issuance for the USDA facility and $225,000 more before the City issues any Certificate of Occupancy (see Development Agreement Section 5.7.1). The terms of the agreement also state that the City must reimburse $25,000 of the deposit to SMPO Lab, LLC (the property owner) within 30 days of the completion of the overflow parking and storage lot (Lot 4 of the proposed Subdivision) for the Jim and Jack's auto - repair facility (see Development Agreement Section 5.7.2). Furthermore, the City must reimburse $25,000 of the deposit to SMPO Lab, LLC if a building permit is issued for the northerly 1.41 acres (Phase 2) in accordance with the Specific Plan and Site Plan Review approval within 24 months of the effective date of the adopted Specific Plan. The City must reimburse SMPO Lab, LLC within 30 days of the building permit issuance (see Development Agreement Section 5.7.3). If these conditions are met, the total net contribution to the City if the project is completed in its entirety will be $400,000. However, if for some reason the USDA facility is not developed or does not become operational and a non - exempt use utilizes the southerly portion of the Property, the entire deposit must be returned to SMPO Lab, LLC within 30 days of SMPO Lab, LLC informing the City by written notification of such occurrence (see Development Agreement Section 5.7.4). III. Application Findings In order to approve the project, the City Council must take certain actions related to the application. The required findings for each application are discussed in detail in the attached draft Resolution and draft Ordinance. Staff believes that the City Council may 7 17 make the required findings to adopt the Addendum to the Mitigated Negative Declaration and the Mitigation Monitoring and Reporting Program (MMRP), and to approve the General Plan Amendment, Specific Plan Amendment, Zone Change, Zone Text Amendment, Development Agreement, Subdivision, and Site Plan Review as outlined in the draft Resolution and draft Ordinance. IV. Environmental Review The City of El Segundo (City) prepared a Draft Addendum (Exhibit 12) to the previously approved Mitigated Negative Declaration (MND) for the Segundo Business Park project to evaluate potential environmental effects which may be associated with changes in the previously- approved Segundo Business Park project that have been proposed by the project developer. The MND analyzed the effects of an Environmental Assessment (EA- 788), a Smoky Hollow Site Plan Review (SHSPR 07 -04) to allow construction of five one and two -story buildings totaling 88,249 square feet and a Subdivision (SUB 08 -01) to divide five buildings into 55 condominium air space units. The buildings would be used primarily for light industrial uses, offices and restaurants ( "Original Project "). The Original Project and the MND were approved by the City of El Segundo Planning Commission on February 26, 2009 (Resolution No. 2651). The approved Mitigated Negative Declaration for the Original Project (Exhibit 11) concluded that no impacts would occur for the following issue areas: Agricultural Resources and Biological Resources. The Mitigated Negative Declaration concluded that impacts would be less than significant for the following issue areas: Geology and Soils, Hydrology and Water Quality, Land Use and Planning, Mineral Resources, Population and Housing, Recreation, Transportation and Traffic, and Utilities and Service Systems. Several areas of concern were noted as potentially significant if not mitigated. These areas included: Aesthetics, Air Quality, Cultural Resources, Hazards and Hazardous Materials, Noise, and Public Services. The MND incorporated Mitigation Measures that reduce the impacts for each of these areas to "Less Than Significant" when mitigated. The addendum was prepared under the authority of 14 Code of California Regulations § 15164(a) ( "CEQA Guidelines ") which allows a lead agency to prepare an addendum to a previously adopted negative declaration if some changes or additions to the previously adopted negative declaration are necessary but none of the conditions described in CEQA Guidelines § 15162 requiring preparation of a subsequent negative declaration or Environmental Impact Report (EIR). The purpose of the addendum is to provide substantial evidence in the record to support the determination of the decision making body of the lead agency that none of these conditions has occurred as a result of the proposed changes in the 222 Kansas Street Specific Plan Project. An addendum need not be circulated for public review but can be included or attached to the final MND. Differences in the Mitigation Measures in the approved MND and the Addendum Some of the mitigation measures in the previously approved MND were modified or removed and new measures were added in the Addendum. The modified and new measures are discussed below. 8 18 Mitigation Measure MM AQ -2 of the 2009 MND required the use of low -VOC paints and coating. This mitigation measure was modified in the Addendum to require that all architectural coatings reduce VOC emissions by a minimum of 20 percent. This modification would reduce VOC emissions accordingly and the proposed project would continue to result in a less - than - significant construction air quality impact, similar to the finding of the 2009 MND. Accordingly, it is not considered new or substantially different mitigation. Mitigation Measure MM CR -2 regarding Cultural Resources and discovery of human remains during demolition or construction activities was updated to reflect the current industry standard language for this issue. However, the revised mitigation measure is equally, if not more, effective than the previous version of this mitigation measure. Accordingly, the revision to mitigation measure MM CR -2 is not considered new or substantially different mitigation under CEQA. After the Initial Study and Addendum to the previous MND were completed, City staff received additional information regarding a second oil well on the subject site. A letter dated June 6, 2012, received from the Department of Conservation Division of Oil, Gas, and Geothermal Resources ( DOGGR), included guidelines regarding the proper abandonment of the second oil well onsite (See Exhibit 11 — in Addendum Appendices). As a result, staff prepared an Errata to the Addendum which includes one additional mitigation measure to the Addendum, Mitigation Measure MM HAZ -3 and a revised Mitigation Measure MM PS -6. The changes in the Errata were incorporated into the Final Addendum (Exhibit 12). This mitigation measure is a slightly modified mitigation measure that is substantially similar to the previous mitigation measure MM HAZ -3 in the original MND. Accordingly, it does not constitute new mitigation under CEQA. In response to the letter received by DOGGR, Mitigation Measure MM PS -6 was modified to address future development within proximity to a second oil well on the project site (location currently unidentified). However, this mitigation measure is substantially similar to mitigation measure MM PS -6 of the previous MND and does not constitute new mitigation under CEQA. Mitigation Measures MM HAZ -4 and HAZ -5 associated with the operation of identified oil wells were removed because the existing oil well on the subject site (originally identified in the MND for the Original Project) was abandoned in accordance with DOGGR guidelines. Furthermore, under the proposed Specific Plan on site operation of an oil well is prohibited. Previous Mitigation Measure PS -9 regarding the payment of a Library Mitigation Fee was removed from the Addendum. Since the preparation of the 2009 MND, it was determined that payment of this fee is not required, therefore the previous Mitigation Measure PS -9 would no longer be applicable. Mitigation Measure PS -9 regarding the payment of the City of El Segundo Unified School District Development Impact Fee was added to the Addendum. However, it is not considered new or substantially different mitigation since this fee must be collected in accordance with applicable law. �3 � 9 Mitigation Measure PS -10 regarding the payment of the City of El Segundo Parks Facility Fee was added to the Addendum. However, it is not considered new or substantially different mitigation since the impacts to the City's park facilities from the proposed project are not substantially different from those of the Original Project. Based on the analysis in the Addendum to the approved MND, following incorporation of mitigation measures, the proposed project would have no additional significant and unavoidable impacts not previously identified. V. Inter - Departmental Comments The project plans and the Addendum to the Mitigated Negative Declaration were circulated to all City Departments for review and comment. Comments were received from the Building Safety Division, the Fire Department, the Recreation and Parks Department, the Police Department and the Public Works Department. The issues identified in the comments received were incorporated into the Addendum to the Mitigated Negative Declaration for the project and/or where appropriate staff has incorporated those comments that are applicable and demonstrate a legal nexus as conditions of approval in the Resolution. VI. Planning Commission Hearing and Public Comments At its July 12, 2012 meeting, the Planning Commission reviewed the matter, considered the public testimony, and recommended to the City Council approval of the proposed project with amended conditions of approval as presented by staff at the hearing. The amended conditions of approval included minor technical corrections and clarification of requirements in Condition Nos. 12 and 23, added conditions of approval relating to fencing, landscaping, lighting and a Master Sign Program (Condition Nos. 16, 17, and 18), clarification regarding the site plan approval process, and modified wording in Condition of Approval No. 11 regarding LEED Certification requirements. The applicant presented testimony at the public hearing. There was no other testimony. A letter dated June 6, 2012, received from DOGGR, included guidelines regarding the proper abandonment of the second oil well onsite. As a result, staff prepared an Errata to the Addendum which was discussed in the previous section. After the Planning Commission Public Hearing, the Planning Division received a request from the Fire Department to revise one of the Fire Department conditions of approval. Condition No. 34 has been rewritten in the draft Council Ordinance to reflect the requested revised wording. VII. Recommendation Planning staff recommends that the City Council: 1) Adopt a Resolution approving an Addendum to a Mitigated Negative Dclaration (Environmental Assessment No. 959), implementing Mitigation Monitoring and Reporting Program (MMRP), amending the General Plan (Amendment No. 12 -01), and approving the Subdivision (Subdivision No. 12 -02); and 2) introduce, and waive first reading, of Ordinance for Spefic Plan Amendment No. 12 -01, Zone Change No. 12 -01, Zone Text Amendment No. 12 -01, 10 20 Development Agreement No. 12 -01, and Site Plan Review No. 12 -01. Second reading and adoption of the Ordinance would occur on August 21, 2012. PAPlanning & Building Safetyl0 Planning - OMPROJECTS (Planning)1951- 9751EA- 9591City Council 080720121EA -959 CC SR 08072012.doc 11 21 B. SPECIAL ORDERS OF BUSINESS (PUBLIC HEARING) ITEM #1 ATTACHMENTS 1 THRU 13 REFER TO PDF FILES POSTED TO CITY OF EL SEGUNDO WEBSITE http: / /www.else2undo.or2 /depts /elected /agendas.asp TITLED Council Meeting Agenda Packet 08 -07 -12 - Item #1 Attachments 1 thru 3 Council Meeting Agenda Packet 08 -07 -12 - Item #1- Attachments 4 thru 10 PLEASE NOTE: ATTACHMENTS 11 THRU 13 ARE AVAILABLE FOR REVIEW IN THE CITY CLERK'S OFFICE Unfinished Business Oral Report by the City of El Segundo Chief of Police, Mitch Tavera, related to parking and traffic restriction recommendations at Washington Street and Walnut Avenue and Holly Avenue at Washington Street and Kansas Street. 574 0 a r LO Q I a a a LL 0 Q W Z Q L D LL 2 y cn J w q Nr J W r LL a l`- �z U(aEc 4 3 N M t$ O C'] Q t'0 O b V1°I S ui a , H W z LL LL D Z U W cn � Z a n LL r ¢ W W Q O W a W 1Z5i 00 z z w W U p¢p p¢p O U 32¢ Z o c q F ti rn IL 3¢ S 6 S frA d y N W W W Z Z Q a N j 7 W a r o u j [�r Z i r z 2 Z a U i r 6 U W W J p F- p�p 7 W y H G 7 Z? N W 41 4 a U G7 a O Q U a 2 O r ¢ LL LL y W 7 OO W W O 0 0 W O w LL W U i a a p W w Q a a a w t t w LL a¢ w w H uz+ Q N 0¢¢ O> o w d y(J�¢ 0 a s ,(� yLi 3 x of �- a r 0 4 Q U C a a S i r s LL U J a U- li �� C� W J 3: ii W W o t c 1m 0 m U .0 N Z ujt a a z i c n a � c � c w o � J z 0 w ¢ Z a 4 ONm_ ULL LLa o>- Z a ^ W G7 J a�a r � Y v W x U O_ Q 7 1� 0_1 IN W S 575 m 9 c a T G m y y u W m m u J a p O ty N C O�po' m L U V C m wpl d E Y Y R m N C C °co m EE @ j-2 ` m m m m m m U �� d w o m a rnN � o mrnNEa-5 m a E E c E n p Uw a C�iErtv = y c 6 V T- N W 11 (W� a j11 a U¢ p LL a aL m ZQ I Q z e o 575 CITY OF EL SEGUNDO PAYMENTS BY WIRE TRANSFER 7106112 THROUGH 7/19/12 Date Payee Amount Description 6/7/2012 Health Comp {1,772.38} Correct prior memo 7/6/2012 State of CA EFT 2,471.54 EFT Child support payment 7/6/2012 Manufacturers & Traders 492.31 IRA payment Vantagepoint 7/6/2012 Manufacturers & Traders 4,218.80 401 payment Vantagepoint 7/6/2012 Manufacturers & Traders 19,327.43 457 payment Vantagepoint 7/6/2012 South Bay Credit Union 14,975.38 Payroll credit union deduction pmt 7/6/2012 Nationwide NRS EFT 2,014.24 EFT 401a payment 7/6/2012 Nationwide NRS EFT 36,394.29 EFT 457 payment 7/6/2012 UB 7,352.93 PARS payment 7/9/2012 Cal Pers 462,716.72 EFT Health 7/10/2012 Health Comp 2,987.61 Weekly claims 7/10/2012 West Basin 1,735,317.22 H2O payment 7/11/2012 Cal Pars 35,477.30 EFT Retirement Misc 7/11/2012 Cal Pers 47,695.17 EFT Retirement Safety 7/11/2012 Lane Donovan Golf Ptr 22,989.55 Payroll Transfer 7/18/2012 Health Camp 2,083.94 Weekly claims 7/19/2012 Employment Development 4,047.83 State Taxes 7/19/2012 Employment Development 50,431.99 State Taxes 7/19/2012 IRS 230,325.16 Federal Taxes 716 - 7/19/12 Workers Comp Activity 92,332.07 SCRMA checks issued 2,771,879.10 DATE OF RATIFICATION: 08/07/12 TOTAL PAYMENTS BY WIRE: 2,771,879.10 Certified as to the accuracy of the wire transfers by: -7 2 3 Date IZb1l. Date 7 --.C3 /� Date Information on actual expenditures is available in the City Treasurer's Office of the City of El Segundo. P:1City TreasurerlWire Transfers120121Wire 2012 3rd quarter0ire Transfers 7 -19 -12 576 REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, JULY 17, 2012 — 5:00 PM 5:00 P.M. SESSION CALL TO ORDER ROLL CALL Mayor Jacobson - Present Mayor Pro Tem Fuentes - Present Council Member Fisher - 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. CLOSED SESSION: The City Council moved into a closed session pursuant to applicable law, including the Brown Act (Government Code Section §54960, et seq.) for the purposes of conferring with the City's Real Property Negotiator; and/or conferring with the City Attorney on potential and/or existing litigation; and/or discussing matters covered under Government Code Section §54957 (Personnel); and /or conferring with the City's Labor Negotiators; as follows: CONFERENCE WITH LEGAL COUNSEL— EXISTING LITIGATION (Gov't Code §54956.9(a) -2- matter Willmore vs. City of El Segundo, et al, LASC Case No. BC485025 2. Cedar Glen Homeowners' Association of El Segundo, et al, vs. City of El Segundo, et al, LASC Case No. YCO65466 CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code §54956.9(b): -0- matter. Initiation of litigation pursuant to Government Code §54956.9(c): - 0 - matter. DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957): - 0- matter MINUTES OF THE REGULAR CITY COUNCIL MEETING 4• JULY 17, 2012 PAGE NO. 1 577 APPOINTMENT OF PUBLIC EMPLOYEE (Gov't. Code § 54957) — 0 - matter CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957.6): -S- matters Represented Group: Supervisory and Professional Employees Association (SPEA). Negotiator: Greg Carpenter, City Manager 2. Represented Group: Firefighters Association (FFA) Negotiator: Greg Carpenter, City Manager 3. Unrepresented Group: ManagementlConfidential Negotiator: Greg Carpenter, City Manager CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8): -1- matters Lease of City Owned Property (Price and Terms): Real Property: City owned Golf Course ( "The Lakes ") located on Sepulveda Boulevard (Assessor Parcel Number: 4138 - 014 -913). City's Negotiator: Greg Carpenter, City Manager Potential Lessee /Negotiating Party: Centercal Properties, Inc. 6:15 P.M. SPECIAL ORDER OF BUSINESS -1- matter: Interview of candidates and potential appointments to the Planning Commission, Library Board of Trustees, and Senior Housing Board. (Note: the interviews will commence at approximately 6:00 p.m. and take place in the West Conference Room in City Hall.) Council consensus to appoint Scot Nichol to the Planning Commission for a partial term to expire 6/30/14; David Jonta to the Library Board of Trustees for a full term to expire 6/20/15; Martin Stone and James de Cordova to the Senior Housing Board for full terms to expire 6/30/16 and Terry Aikens to Senior Housing Board for a partial term to expire 6/30/13. Council recessed at 6:50 p.m. MINUTES OF THE REGULAR CITY COUNCIL MEETING JULY 17, 2012 PAGE NO.2 578 REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, JULY 17, 2012 - 7:00 P.M. 7:00 P.M. SESSION CALL TO ORDER — Mayor Jacobson at 7:00 p.m. INVOCATION -- Father Alexei Smith, St. Andrew Russian Greek Catholic Church PLEDGE OF ALLEGIANCE — Council Member Atkinson PRESENTATIONS a) Proclamation — Designating July as Park and Recreation Month. b) Presentation — Regarding the Scattergood Generating Station Unit Repowering Project for the Los Angeles Department of Water and Power. ROLL CALL Mayor Jacobson - Present Mayor Pro Tern Fuentes - Present Council Member Fisher - 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. Linda Cohen, El Segundo Concert Band, spoke on upcoming concerts Richard Arabian, resident, spoke regarding public communications at meetings and requested Council be more pro- active with speakers; water and sewer charges; cell phone use at the Library; and asked how the height of the stacks at the NRG Plant were determined. A. PROCEDURAL MOTIONS MINUTES OF THE REGULAR CITY COUNCIL MEETING JULY 17, 2012 PAGE NO. 3 579 Consideration of a motion to read all ordinances and resolutions on the Agenda by title only. MOTION by Mayor Pro Tern Fuentes, SECONDED by Council Member Fellhauer to read all ordinances and resolutions on the agenda by title only. MOTION PASSED BY UNANIMOUS VOICE VOTE. 510 B. SPECIAL ORDERS OF BUSINESS (PUBLIC HEARING) C. UNFINISHED BUSINESS D. REPORTS OF COMMITTEES, COMMISSIONS AND BOARDS 1. Consideration and possible action to announce the appointments to the Planning Commission, Library Board of Trustees and Senior Citizen Housing Corporation Board. (Fiscal Impact: None) Mayor Jacobson announced the following appointments: Scot Nichol to the Planning Commission for a partial term to expire 6130114; David Jonta to the Library Board of Trustees for a full term to expire 6120115; Marty Stone and James deCordova to the Senior Housing Board for full terms to expire 6130116 and Terry Aikens to Senior Housing Board for a partial term to expire 6130113. E. CONSENT AGENDA All items listed are to be adopted by one motion without discussion and passed unanimously. If a call for discussion of an item is made, the item(s) will be considered individually under the next heading of business. 2. Approved Warrant Numbers 2588062 - 2588233 on Register No. 18 in the total amount of $278,327.36 and Wire Transfers from 6107112 through 6/21/12 in the total amount of $2,193,447.18; Warrant Numbers 2588234 — 2588434 on Register No. 19 in the total amount of $1,127,088 05 and wire Transfers from 6122112 through 7105112 in the total amount of $637,532.37 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. 3. Approved Regular City Council City Council Meeting Minutes of June 19, 2012, Special Strategic Planning Meeting Minutes of June 21, 2012 and Special Closed Session Meeting Minutes of June 25, 2012. 4. Adopted Resolution No. 4778 adopting a new Conflict of Interest Code required by the Political Reform Act (Government Code Section 81000 et. Seq.) and rescinding Resolution Nos. 4679 and 4766 (Fiscal Impact: None) MINUTES OF THE REGULAR CITY COUNCIL MEETING JULY 17, 2012 PAGE NO.4 580 5. Approved a thirty (30) day provisional appointment extension for the position of Interim Administrative Specialist in the Fire Department. (Fiscal Impact: $2,100.00) 6. PULLED FOR DISCUSSION BY MAYOR PRO TEM FUENTES 7. Rejected all bids received for Projects 12 -06 (construction related to Group 46 of the City's Residential Sound Installation (RSI) Program) and 12-07 (construction related to Group 47 of the City's Residential Sound Installation (RSI) Program). (Fiscal Impact: None) 8. Approved Professional Services Agreement No. 4302 with AKM Consulting Engineers to provide inspection services for the Sanitary Sewer System Rehabilitation Project at various locations within the Smoky Hollow Specific Plan area and Maple Ave. between Lairport St. and Nash St. within the City of El Segundo. Project No.: PW 11 -09. (Fiscal Impact: $100,000.00) Authorized the City Manager to execute the Agreement in a form as approved by the City Attorney with AKM Consulting Engineers for an amount not to exceed $90,000.00; Authorized an additional appropriation of $100,000.00 from the Sewer Enterprise Fund. 9. Authorized the City Manager to execute a standard Public Works Contract No. 4303, in a form approved by the City Attorney, to Premier Developing Services, Inc. in the amount of $92,500.00 for the construction of a new masonry building for the Water Department's telemetry system, Project No. PW 12 -04 (Fiscal Impact: $100,000.00) 10. Adopted Plans and Specifications for the slurry sealing of the streets in the area bounded by Sheldon Street, Mariposa Avenue, El Segundo Boulevard and Sepulveda Boulevard. Project No.: PW 12 -05 (Fiscal Impact: $225,000.00) Authorized staff to advertise the project for receipt of construction bids. 11. Authorized the City Manager to execute a standard Public Works Contract No. 4304 in the amount of $57,540.00 to Rojas Construction, in a form approved by the City Attorney, for the City's 2011 -2012 Annual sidewalk, curb and gutter repair /replacement program and other minor improvements at various locations citywide. Project No.: PW 12 -03 (Fiscal Impact: $100,000.00) MOTION by Council Member Fisher, SECONDED by Council Member Atkinson to approve Consent Agenda items 2, 3, 4, 5, 7, 8, 9, 10, and 11. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 CALL ITEMS FROM CONSENT AGENDA 6. Consideration and possible action to authorize the Chief of Police to hire on additional officer and promote a Sergeant and Lieutenant utilizing asset forfeiture funds. (Fiscal Impact: $411,944.00 over 3 years from the Asset Forfeiture fund balance) MINUTES OF THE REGULAR CITY COUNCIL MEETING JULY 17, 2012 PAGE NO. 5 581 MOTION by Mayor Pro Tern Fuentes, SECONDED by Council Member Fellhauer to authorize the Chief of Police to hire on additional officer and promote a Sergeant and Lieutenant utilizing asset forfeiture funds. MOTION PASSED BY UNANIMOUS VOICE VOTE. 510 NEW BUSINESS REPORTS — CITY MANAGER - NONE REPORTS --- CITY CLERK - NONE REPORTS — CITY TREASURER - NONE REPORTS -- CITY COUNCIL MEMBERS Council Member Fellhauer — Reported on her attendance at the Independent Cities Association Conference. Council Member Atkinson — Congratulated staff on 4th of July celebration and new venue. Council Member Fisher — Spoke on the 4th of July celebration and the use of Stevenson Field and Softball Field as a new venue. Mayor Pro Tern Fuentes — Congratulated staff on 4th of July celebration and thanked Chevron for their support. Also, spoke on the Mattel Design Center Re- Dedication, attendance at the Senior Housing Board Meeting, South Bay COG Meeting, and Cal Tech visit. Mayor Jacobson — Spoke on the Airport Specific Plan. Congratulated staff on 4th of JUly celebration. PUBLIC COMMUNICATIONS — (Related to City Business Only -- 5 minute limit per person, 30 minute limit total) Individuals who have receive value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so identify themselves prior to addressing the City Council. Failure to do so shall be a misdemeanor and punishable by a fine of $250. While all comments are welcome, the Brown Act does not allow Council to take action on any item not on the agenda. The Council will respond to comments after Public Communications is closed. NONE MEMORIALS — NONE CLOSED SESSION — NONE MINUTES OF THE REGULAR CITY COUNCIL MEETING JULY 17, 2012 PAGE NO. 6 582 ADJOURNMENT at 7:47 p.m. Cathy Domann, Deputy City Clerk MINUTES OF THE REGULAR CITY COUNCIL MEETING JULY 17, 2012 PAGE NO.7 583 SPECIAL MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, JULY 17, 2012 — 4:00 PM CALL TO ORDER — Mayor Jacobson at 4:00 p.m. ROLL CALL Mayor Jacobson - Present Mayor Pro Tern Fuentes - Present Council Member Fisher - 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. CLOSED SESSION: The City Council moved into a closed session pursuant to applicable law, including the Brown Act (Government Code Section §54960, et seq.) for the purposes of conferring with the City's Real Property Negotiator; and /or conferring with the City Attorney on potential and/or existing litigation; and/or discussing matters covered under Government Code Section §54957 (Personnel); and /or conferring with the City's Labor Negotiators; as follows: CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Gov't Code §54956.9(a) -2- matter Willmore vs. City of El Segundo, et al, LASC Case No. BC485025 2. Cedar Glen Homeowners' Association of El Segundo, et al, vs. City of El Segundo, et al, LASC Case No. YC065466 CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code §54956.9(b): -0- 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 MINUTES OF THE SPECIAL CITY COUNCIL MEETING JULY 17, 2012 PAGE NO. 1 584 CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957.6):-3- matters Represented Group: Supervisory and Professional Employees Association (SPEA). Negotiator: Greg Carpenter, City Manager 2. Represented Group: Firefighters Association (FFA) Negotiator: Greg Carpenter, City Manager 3. Unrepresented Group: Management/Confidential Negotiator: Greg Carpenter, City Manager CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8): -1- matters Lease of City Owned Property (Price and Terms): Real Property: City owned Golf Course ( "The Lakes ") located on Sepulveda Boulevard (Assessor Parcel Number: 4138 -014 -913). City's Negotiator: Greg Carpenter, City Manager Potential Lessee /Negotiating Party: Centercal Properties, Inc. REPORT OF ACTION TAKEN IN CLOSED SESSION (if required) ADJOURNMENT at 6:15 p.m. Cathy Domann, Deputy City Clerk MINUTES OF THE SPE=CIAL CITY COUNCIL MEETING JULY 17, 2012 PAGE NO.2 585 EL SEGUNDO CITY COUNCIL MEETING DATE: August 7,2012 AGENDA STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: 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 - 1302 -62I4 ORIGINATED BY: Tracy Weaver VD REVIEWED BY: 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 Cleric's Office (miscellaneous administrative and election items) are proposed to be destroyed. In addition, documents from the City Attorney's Office (litigation, prosecution, transactional items, and miscellaneous items), Fire Department (copies of payroll, invoices, and purchase orders), Library (copies of various agendas and minutes), Police Department (vehicle impounds, traffic citations, field interview cards, parking citations, miscellaneous correspondence, DOJ reports, personnel background files — unsuccessful, and daily report logs), Public Works (copies of bid documents), and the Treasury (deposit slips, wires, check register, UUT items, and credit card reports) are proposed to be destroyed in accordance with Government Code Section 34090. CONTINUED ON NEXT PAGE 5 586 BACKGROUND AND DISCUSSION CONTINUED: 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. 587 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, City Attorney's Office, Fire Department, Library, Police Department, Public Works, 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 7`h day of August 2012. Carl Jacobson, Mayor 588 ATTEST: Tracy Weaver City Clerk APPROVED AS TO FORM: Mark D. Hensley, City Attorney Karl H. Berger Assistant City Attorney 589 EXHIBIT A 590 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 12117102, Amended 06/07/06 by Resolution 4471): APPROVED FOR DESTRUCTION: Department Head APP D FOR DEST UCTION: City ttorney Date ,,1-- 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 PACity Clerk\Destruction Retention12012 Cem\Library.doc 591 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 12117102, Amended 06/07/06 by Resolution 4471): Records Description Miscellaneous 2009 Start Date 111/09 End Date 12/31/09 Box 4 1 Retention I'Criod 2 years Dept City Clerk Correspondence Public Records Request 2009 111109 12/31/09 1 2 years City Clerk Miscellaneous Working Files 2005 2006 1 2 years City Clerk — Prop 218 Protest 2006 Miscellaneous Working Files 2004 2004 2 2 years City Clerk — Election 2004 Miscellaneous Working Files 2006 2006 2 2 years City Clerk — Election 2005 APPROVED FOR DESTRUCTION: Department Head APPROVED FOR DESTRUCTION: Ci Attorney Date 0-7/it /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 PACity Clerk\Destruction Retention12012 Certs\City Clerk - Ldoc 592 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 12117102, Amended 06/07/06 by Resolution 4471): APPROVED FOR DESTRUCTION: Department Head Date APPROVED FOR DESTRUCTION: 771-� DA--� zl-� City Attorney r 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 CADocuments and Settings\Momann\Locai Settings\Temporary Internet Files\OLK841Cert of Destruction - FD Request submit 7 11 12.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 City Council Agenda Start Date 1998 End Date 2001 Box Retention Period 10 years Dept Library El Segundo Unified School District 2005 2007 2 years Library Planning Commission Agenda & Minutes 2007 2010 2 years Library Parks & Recreation Agenda & Minutes 2000 2008 2 years Library Sr. Housing Minutes 2007 2009 2 years I Library APPROVED FOR DESTRUCTION: D partment Head APPROV D FOR DESTRUC ION: City Attorney - --? I )� I /I -) —�' Date {� //'.)- ate 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 CADocuments and SettingsVLeMayV oval SettingslTemporary Internet McAOLK581Cert of Destruction (3).doc 594 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 Dept 01/01/2006 12/31/2006 Period PARKING CITATIONS Citation Citation # 1 2 YEARS POLICE #498504 502526 01/01/2007 12/31/2007 PARKING CITATIONS Citation # Citation 2 2 YEARS POLICE 513387 #527902 01/01/2008 12/31/2008 PARKING CITATIONS Citation # Citation 3 2 YEARS POLICE 488177 #520326 01/01/2009 12/31/2009 PARKING CITATIONS Citation # Citation # 4 2 YEARS POLICE 502527 508975 01/01/2004 12/31/2004 TRAFFIC CITATIONS Citation # Citation # 1 2 YEARS POLICE 450817 482976 _ 01/01/2005 12/31/2005 TRAFFIC CITATIONS Citation # Citation # 2 2 YEARS POLICE 483000 484799 01/01/2005 12/31/2005 TRAFFIC CITATIONS Citation # Citation # 3 2 YEARS POLICE 484800 486699 01/01/2005 12/31/2005 TRAFFIC CITATIONS Citation # Citation # 4 2 YEARS POLICE 486700 488799 01/01/2006 12/31/2006 TRAFFIC CITATIONS Citation # Citation # 5 2 YEARS POLICE 483200 496999 01/01/2006 12/31/2006 TRAFFIC CITATIONS Citation # Citation # 6 2 YEARS POLICE 497000 501063 01/01/2008 12/31/2009 AFTER DATA FIELD INTERVIEW CARDS 080101- 090101- 1 ENTERED IN POLICE 081230 091221 RMS 595 N:1My Documents\Records documentsldestruction of recordsTert of Destruction 07162012.doc Records Description - Start - Date End Date Box Retention Dept Period PUBLIC RECORDS WHEN NO CHECKS 01/01/2008 12/31/2009 1 LONGER POLICE REQUIRED CONVERTED CRIME STATISTICAL, DOCUMENT MONTHLY UNIFORM 1995 2002 1 IMAGING POLICE GRIME REPORTS ORIGINALS NO LONGER REQUIRED IMPOUNDED & STORED VEHICLES REPORTS (FORM CHP180) 01 /01 /2005 12/31/2005 1 2 YEARS POLICE NON - CRIMINAL REPORTS ONLY IMPOUNDED & STORED VEHICLES REPORTS (FORM CHP180) 01/01/2006 12/31/2006 2 2 YEARS POLICE NON - CRIMINAL REPORTS ONLY r IMPOUNDED & STORED VEHICLES REPORTS (FORM CHP180) 01/01/2007 12/31/2007 3 2 YEARS POLICE NON - CRIMINAL REPORT ONLY IMPOUNDED & STORED VEHICLES REPORTS i (FORM CHP180) 01/01/2008 12/31/2008 4 2 YEARS POLICE NON- CRIMINAL REPORTS ONLY NON- CRIMINAL REPORTS (LOST & FOUND PROPERTY, INCIDENT REPORTS, TRAFFIC 01 /01/2005 12/31/2007 1 -5 2 YEARS POLICE COLLISIONS PROPERTY DAMAGE) WHEN NO SUBPOENAS 01/01/2007 12/31/2009 1 LONGER POLICE _ REQUIRED DAILY CRIME REPORT LOGS 01/01/2007 12/31/2009 1 2 YEARS POLICE 2 YEARS PUBLIC ARREST LOGS 01/01/2007 12/31/2009 1 NO LONGER POLICE REQUIRED 596 NAMy Documents\Records documentsWestruction of records\Cert of Destruction 07162012.doc Records Description MISCELLANEOUS CORRESPONDENCE WHEN NO (LETTERS, NOTES, 01/01/2009 12/31/2009 1 LONGER POLICE DRAFTS, MEMOS, ETC. REQUIRED COPIES OF DUPLICATE WHEN NO RECORDS 01/01/2007 12/31/2009 1 -2 LONGER POLICE REQUIRED WARRANTS PRINTOUTS WHEN NO NO LONGER ACTIVE 01/01/2007 12/31/2008 1 LONGER POLICE REQUIRED CLEARANCE WHEN NO LETTERS /APPLICATIONS 01/01/2007 12/31/2009 1 LONGER POLICE REQUIRED DEPARTMENT OF JUSTICE VALIDATION LIST (NCIC 01/01/2000 12/31/2003 1 -2 2 YEARS POLICE MONTHLY REPORTS CRIME REPORTS: SEALED CASES (FACTUAL 01/01/2005 12/31/2007 1 -2 3 YEARS POLICE INNOCENCE) CRIME REPORTS: MISDEMEANORS, NO 7 YEARS OR LONGER ACTIVE, CLOSED 1995 1997 1 -5 UPON DOJ POLICE CASES. NOTIFICATION CONVERTED INTO CRIME REPORTS 10/01/2002 1 12/31/2003 1 -36 DOCUMENT POLICE (ORIGINALS) IMAGING/NO LONGER NEEDED CONVERTED INTO CRIME REPORTS DOCUMENT (ORIGINALS) 01/01/2004 12/31/2004 1 -26 IMAGING/ POLICE ORIGINALS NO LONGER NEEDED CONVERTED INTO DOCUMENT CRIME REPORTS IMAGING/ (ORIGINALS) 01/01/2005 12/31/2005 1 -29 ORIGINALS NO POLICE LONGER NEEDED 597 NAMy Documents\Records documentsldestruction of records\Ccn of Destruction 07162012.doc CRIME REPORTS (ORIGINALS) CRIME REPORTS (ORIGINALS) 01/01/2006 1 12/31/2006 I 1 -31 01/01/2007 1 12/31/2007 APPROVED FOR DESTRUCTION: Department Head APPROVED FOR DEST!�RU�CTION: ity Attorney CONVERTED INTO DOCUMENT IMAGING/ POLICE ORIGINALS NO LONGER NEEDED CONVERTED INTO DOCUMENT 1 -33 IMAGING/ ORIGINALS NO LONGER NEEDED Date (8 z 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 POLICE -598 NAMy Documents\Records documentNestruction of records\Cert of Destruction 07162012.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 12117102, Amended 06/07/06 by Resolution 4471): Records I)escription _ Start I)ate End Date Roy # Retention Period Dept APPROVED FOR DESTRUCTION: AMck epartment Head APP90VED FOR DESTRUCTION: lea �y� City Attorney '�"p t'Ct60' M . g" �ciic 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 CADocuments and Settingskjeffers.PD\Local SettingsUemporary Internet Fi1esl0LKA\Cert of Destruction.doc 599 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 Boa # Retention Period Dept Date Date Public 1 Bids // �1 �/ `J i 1 Opening Public of Unsuccessful Bids 1 APPROVED FOR DESTRUCTION: i Attorney I HEREBY - /p - /ZZ Head Date ESTRUCTION: ///;;Z// v Date that the items listed above are approved for destruction on _ in accordance with City policies and procedures: Tracy Weaver, City Clerk Date PACity C1crk\Destmction_Retendon12012 Certs\PW - I.doc 600 Box # 1 PW 01 -12 Pump Station 6 PW 01 -15 Pump Station 5 Box # 2 Parking Garage Project PW 03 -11 Sewer Lining Project PW 02 -10 City Hall Elevator Installation Box # 3 PW 07 -01 Playground Equipment Replacement PW 05 -13 Installation of ADA Doors PW 01 -05 Rec Paris Electrical Upgrades Box # 4 97 -98 Repair of Sewer Lines Sewer System Rehab PW 97 -24 Sewer Manhole Lining Pw 95-6 Sewer Manhole Lining PW 00 -18 Sewer Access Structure Lining PW 05 -12 Rehabilitation of Continetal Blvd. PW 07 -03 Library Restoration PW 06 -12 Repacement of Blue Stones Box # 5 PW 03 -05 Park Vista Exterior Painting PW 06 -05 05 -06 Annual Sidewalk, Curb and Gutter, ect. Park Vista Senior Housing Deck Repair Box # 6 PW 03 -14 Installation of Chloronation System at City Plunge Upgrades and Misc. Items PW 01 -18 Imperial Ave. Vista Upgrade PW 03 -17 Pavement Rehab for El Segundo Blvd. Box # 7 PW 09 -08 Annual Curb and Gutter,ect. PW 07-112006-2007 Slurry Seal Project PW 09 -10 Furnishing and Application of Slurry Seal on Various Streets PW 97 -17 Rehab of Vista Del Mar Box # 8 PW 01 -21 Maintenance Facility Storage Bins Roof Structure PW 01 -11 Maintenance Facility Replacement and Upgrade of Generator PW 02 -01 Sewer Access Structure Lining Project Box # 9 PW 06 -09 Slurry Seal PW 01 -07 Pumpstation No. 17 PW 04 -11 Curb and Gutter, ect. PW 08 -09 2007 -2008 Slurry Seal PW 07 -02 Curb and Gutter, ect. 601 Box # 10 Sanitation Pump Station No. 7 PW 04 -09 Holly /Kansas Park PW 98-6 Sewer Rehab W of Virginia Between Oak and Walnut PW 994 Sewer Lining Project Box # 11 PW 00-6 CCTV Sewer Main PW 00 -1 Pump Station No.13 Modification PW 08-05 2007 -2008 Annual Concrete Rplacement Pump Station 15 and 19 City Council Agreement Box # 12 PW 04 -02 Skateboard Park Project PW 07 -08 Rosecrans Pavement Rehabilitation PW 00 -12 Sanitary Sewer Manhole Lining 602 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 12117102, Amended 06/07/06 by Resolution 4471): UBOC Deposit Slips 4/1/2004 09/30/2004 244516204 Period 7 Years Treasury Worker Comp Check Register & Paramedic 10/1/2003 09/30/2004 244516221 7 Years Treasury UBOC Deposit Slips Rce &Park 10/1/2004 12/31/2004 244516255 7 Years Treasury Union Bank Statement / Wires 10/1/2004 09/30/2004 244516199 7 Years Treasury UBOC Deposit Slips 3/15/2005 05/31/2004 244516237 7 Years Treasury UBOC Deposit Slips 10/1/2004 12/31/2004 244516255 7 Years Treasury Credit Card Report 1/1/2003 12/31/2004 615403765 7 Years Treasu Utility Users Tax 10/1/2006 9/30/2007 279774872 7 Years Treasury Utility Users Tax 10/1/2006 9/30/2007 279774873 7 Years Treasury Utility Users Tax 10/1/2006 9/30/2007 279774874 7 Years Treasury APPROVED FOR DESTRUCTION: Q� QeaqmejJ ftead APPROVED FOR DESTRUCTION: City Attorney 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 NAIMISCIDestructionTert of Destruction - Jun 12.doc 603 EL SEGUNDO CITY COUNCIL MEETING DATE: August 7, 2012 AGENDA STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action regarding a thirty (30) day provisional appointment extension for the position of Interim Administrative Specialist in the Fire Department. (Fiscal Impact: $2,100) RECOMMENDED COUNCIL ACTION: 1. Approve the thirty (30) day provisional appointment extension for the position of Interim Administrative Specialist; 2. Alternatively, discuss and take other actions related to this item. ATTACHED SUPPORTING DOCUMENTS: El Segundo City Code Section 1 -6 -13 FISCAL IMPACT: $2,100 Amount Budgeted: None Additional Appropriation: NIA Account Number(s): ORIGINATED BY: Kevin S. Smith, Fire Chief REVIEWED BY: Kevin S. Smith, Fire Chief APPROVED BY: Greg Carpenter, City Manager BACKGROUND AND DISCUSSION: The Fire Department had been staffed with two Administrative Specialist positions for many years. In 2007, one of those positions was downgraded to Office Specialist II in order to reduce the budget. In 2010, the remaining Administrative Specialist position in the Fire Department was eliminated to reduce the budget. Elimination of the higher level position of Administrative Specialist resulted in duties and responsibilities such as billing and collections not being able to be performed by the lower classification of Office Specialist II. This has created an extraordinary hardship on the Fire Department's Senior Management Analyst by causing that position to have to absorb the billing and collections duties along with numerous others duties and responsibilities through the various other positions that have been eliminated in the Fire Department in recent years. For the last seven (7) months, the Fire Department has had the Office Specialist II serve in an interim role as Administrative Specialist to reduce the burden of the impacts on the Senior Management Analyst position. Staff is requesting that the City Council authorize that the provisional appointment be continued for an additional thirty (30) days. Staff intends to recommend that the City Council consider a permanent reclassification through the upcoming budget process. IQ 604 In accordance with El Segundo City Code (ESCC) Section 1- 6- 13(c), no person shall be employed by the City under provisional appointment for more than six (6) months in any fiscal year. The Code further states the provisional appointment may be extended for not more than thirty (30) days with Council approval. Council approved a thirty (30) day extension on July 17, which is effective through August 17, 2012. Staff is requesting a thirty (30) day extension through September 16, 2012. It is the Department's intent to request additional thirty (30) day extensions through the remainder of the fiscal year to comply with ESCC Section 1- 6- 13(c). 605 1 -6 -12 restored to the same employment list from which the original appointment was made and in the same rank as when the original appointment was G. made. F. Request For Certification: When re- quest for certification from an employ- ment list has been received, certifica- tion shall be made in conformance with the following provisions: 1. If a re- employment list exists for the class, the highest name on the list shall be certified for each vacancy to be filled. Promotional and /or open employment lists shall not be certified if there are any names on the re -em- ployment list for the class. 1 -6 -13 the position as set forth in the specifi- cations for the class. Expiration Of Lists: Employment lists shall expire at such time as the Per- sonnel Officer determines; provided, that: 1. Names shall remain on the re -em- ployment list for a period of not less than three (3) years; 2. Promotional and open competitive lists shall have an expiration date of one year unless otherwise announced in the notice of examination. (Ord. 586, 4 -10 -1962) 1 -6 -13: 2. If there are less than three (3) qual- ified names on the promotional list, the appointing power may request A. additional highest one or two (2) names to be certified from the open competitive list if the list exists. 3. If no re- employment or promotional lists exist, the Personnel Officer shall certify to the department head from the open competitive employment list as prescribed in subsection 1 -6 -96 of this Chapter. 4. Except for re- employment lists, when all appropriate employment lists for a class contain a total of fewer than three (3) names, the department head may, with approval of the City Manager, make provisional appoint- ments until additional names are se- cured through another examination. 5. No person shall be appointed to any classified service position unless that person has the qualifications for APPOINTMENT IN CLASSI- FIED SERVICE: Basis For Appointments: Appoint- ments and promotions to vacant posi- tions in the classified service shall be based on merit and fitness to be as- certained insofar as practicable by competitive examination. Appoint- ments and promotions shall be made by the City Manager upon recommen- dation of the various department heads. B. Names Transmitted By Personnel Officer: When appointments and pro- motions are to be made to vacancies in the classified service, the names of the highest eligible persons willing to accept appointment shall be transmit- ted by the Personnel Officer to the department head in the order in which they appear on the list as follows: for one vacancy the names of three (3), for two (2) or secondary vacancies the names of five (5), for each additional or each subsequent vacancy, three (3) City of El Segundo 606 1 -6 -13 additional names shall be submitted and appointment shall be limited to any of these eligible persons. C. Provisional Appointment: In the ab- sence of appropriate employment lists, a provisional appointment may be made of a person meeting the qualifications established for the clas- sification. Any employment list shall be established within six (6) months, for any permanent position filled by provisional appointment. No person shall be employed by the City under provisional appointment for a total of more than six (6) months in any fiscal year except that the City Manager may, with approval of the City Council, extend the period of any provisional appointment for not more than thirty (30) days by any one action. G D. Special Credit Not Allowed: No special credit shall be allowed in any exami- nation or the establishment of any H employment or promotional lists, for service rendered under a provisional appointment. E. Temporary Appointments: Appoint- ments to temporary, emergency and seasonal positions may but need not be made from eligible lists and those appointed shall not be in the classified service. Appointments of this type shall include temporary employment for the replacement of employees on leave of absence other than military leave, or vacation, emergency ap- pointments to meet emergencies which threaten life, property or the general welfare of the City, or for work seasonal in nature. F. Filling Vacancy During Suspension: During the period of suspension of 1 -6 -14 any employee, or pending final action on proceedings to review the suspen- sion, demotion or dismissal of an employee, the vacancy created may be filled only by temporary appoint- ment. Transfer: With the approval of the City Manager, an employee may be trans- ferred by the department head from one position to another position in the same class or a comparable class at the same salary level. if the transfer involves a change from one depart- ment in the classified service to an- other department in the classified service, the department heads and the employee involved must consent thereto before the action shall be considered effective. Transfers shall not serve to affect in any way the status, rights and privileges of an employee under this Chapter. Reinstatement: The department head may, with the approval of the City Manager, reinstate to a vacant posi- tion any person who has resigned in good standing to a position in a class or equivalent class in which he had acquired status in the classified ser- vice; provided, that the reinstatement is accomplished within one year of the date of resignation. A reinstatement may, at the discretion of the depart- ment head, take precedence over any employment list except a re- employ- ment list. (Ord. 566, 4 -10 -1962) 1 -6 -14: PROBATIONARY PERIOD: A. Length Of Probation: All original and promotional appointments shall be for a probationary period of one year. During the probation period the em- City of El Segundo 607 EL SEGUNDO CITY COUNCIL MEETING DATE: August 7, 2012 AGENDA STATEMENT AGENDA HEADING: Consent AGENDA DESCRIPTION: Consideration and possible action regarding step placement approval for a newly promoted employee to the Management/Confidential class of Information Systems Manager. (Fiscal Impact: $11,735 Salary difference between Step A and proposed Step C) RECOMMENDED COUNCIL ACTION: 1. Approve recommended step placement within the Information Systems Manager salary range 2. Alternatively discuss and tape other action related to this item. ATTACHED SUPPORTING DOCUMENTS: Administrative Code Section 1A2.087, Promotions FISCAL IMPACT: Total Fiscal Impact: 11,735 Amount Budgeted: FY 11/12 $165,102 Total combined salary and benefits Additional Appropriation: None This amount was included in the FY 11/12 budget Account Number(s): 001 -400- 2505 -4XXX ORIGINATED BY: Deborah Cullen, Finance/Human Resources Directo REVIEWED BY: Deborah Cullen, Finance/Hum esources Director APPROVED BY: Greg Carpenter, City Manager BACKGROUND AND DISCUSSION Administrative Code Section 1 A2.087 which governs promotions into Management/Confidential classes, states that employees so promoted shall enter into the higher classification at the lowest rate of compensation which exceeds by not less than five percent (5 %) the base rate of compensation, unless otherwise ordered by City Council. Pursuant to this Code Section, staff is requesting City Council approval to appoint newly promoted City employee, Larry Klingaman, to Step C of the Information Systems Manager salary range for a monthly base salary of $8767.05, which represents more than five percent (5 %) increase in base salary.. Mr. Larry Klingaman was hired by the City on March 2, 2009 as an Applications Specialist. During this time, he was responsible for leading and implementing various information systems projects for the City. Mr. Klingaman reached the top step of the Application Specialist salary range ($7450.84 monthly) on February 25, 2012. In July 2012, Mr. Klingaman successfully competed in the examination process for Information Systems Manager and was selected for the position. His appointment was announced on Monday, July 9, 2012. In an effort to recognize Mr. Klingaman's accomplishments and contributions to the City, staff is recommending he be placed at Step C of the Information Systems Manager salary range. While Step A ($7951.97 /month) of the Information Systems Manager salary range would provide Mr. Klingaman with the minimum five percent (5 %) increase to base salary, staff believes Mr. Klingaman's background and technical knowledge warrant advanced placement within the salary range. Additionally, it should be noted that because of his move from the Supervisory & Professional Employee Association to the Management/Confidential class, Mr. Klingaman's total compensation is estimated to increase a total of approximately $3,011 (1.86 %). This is due primarily to the elimination of educational incentive pay and overtime pay. 7 608 Furthermore, placement at Step C of the range would create a salary differential of approximately six and one -half percent (6.5 %) between Information Systems Manager and the lower level class of Technical Services Analyst, which has a monthly top step of $8224.34. It should be noted that although the Information Systems Manager does not supervise the Technical Services Analyst position, it will be charged with providing technical oversight of various information systems projects completed by the Technical Services Analyst incumbent. -2- 609 SECTION 1A2.085 OVERTIME PAY — EXCEPTION — POLICE LIEUTENANTS. Notwithstanding Section 1A2.080 of the El Segundo Administrative Code, Police Lieutenants shall be paid time and one -half rates for time worked on shift basis in excess of eight hours, or ten hours when assigned to a four -day, ten -hour working schedule, in any one day or more than forty hours per week, excluding hours worked involving hold -over for non -shift work, or work due to staff meetings or training. (Reso. 3216) 7183 SECTION 1A2.087 PROMOTIONS. In all cases where an employee is promoted to a classification regulated by this Chapter for which a higher rate of compensation is provided, then such employee so promoted shall enter into such higher classification at the lowest rate of compensation provided for such higher classification which exceeds by not less than five percent the base rate of compensation, excluding Special Assignment Pay, received by said employee in such given classification at the time of such promotion, unless otherwise ordered by the City Council. All supervisors shall be paid a higher base salary than any of their regularly assigned subordinates (exclusive of Longevity Pay, Educational Incentive Pay, Special Assignment, or any other form of compensation). In the event that a supervisor is paid a base salary equal to or lower than one of their regularly assigned subordinate's base salary, the supervisor shall be granted a higher base salary (exclusive of Longevity Pay, Educational Incentive Pay, Special Assignment or any other form of compensation) even if the supervisor's new base salary is not the same as an existing pay step in the Salary Schedule. Notwithstanding the above, the supervisor's salary shall not exceed the salary range for which her /she is eligible by length of service and performance. (Reso. 3446) 1116 SECTION 1A2.090 RESIDENCE REQUIREMENTS. The Director of Public Works, Police Chief, and Fire Chief shall reside within twenty miles of the El Segundo City Hall, as measured in a straight line from the officers' residence to the City limits nearest his residence, provided that the incumbents of these offices shall have 18 months from the passage of this Resolution to meet this requirement, and provided that any future holders of these offices shall have 18 months from the date of appointment to meet this requirement. - 14 - (Reso. 3539) 6188 6110 EL SEGUNDO CITY COUNCIL MEETING DATE: August 7, 2012 AGENDA STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action regarding 1) Approval of a new Class Specification for Information Systems Specialist; 2) Adoption of a Resolution establishing the basic monthly salary range for Information Systems Specialist; 3) Approval of the proposed Examination Plan; and 4) Elimination of the Network Technician and Application Specialist classifications. Fiscal Impact: None. RECOMMENDED COUNCIL ACTION: 1. Approve the proposed Classification Specification 2. Adopt the Resolution establishing the basic monthly salary range for Information Systems Specialist Approve the proposed Examination Plan. 4. Approve elimination of the Application Specialist and Network Technician classifications. 5. Alternatively, discuss and take other action related to this item. ATTACHED SUPPORTING DOCUMENTS: 1. Proposed Classification Specification 2. Resolution establishing the basic monthly salary range FISCAL IMPACT: None Amount Budgeted: N/A Additional Appropriation: NIA Account Number(s): NIA ORIGINATED BY: Lisa Jenkins, Senior Human Resources Analyst REVIEWED BY: Deborah Cullen, Director of Fin n e/Human Resources APPROVED BY: Greg Carpenter, City Manager BACKGROUND AND DISCUSSION: In anticipation of the recruitment, testing, and selection process to fill the anticipated vacancy for Application Specialist, staff conducted a job analysis to determine if the class specification accurately reflects the position's duties, responsibilities and requirements. A review and analysis of the position has revealed the need to revise the class specification, and the review was expanded to include the Network Technician job classification, a currently - filled position within the Information Systems Division allocated to the same salary range. Staff concluded that the positions are sufficiently similar in scope and nature of job duties and requirements to warrant a recommendation to combine the positions of Application Specialist and Network Technician into one classification. It is recommended that the two classifications be collapsed into one classification to be titled "Information Systems Specialist ". The proposed title is in line with the other descriptive titles used 611 within the division (e.g. Information Systems Division, Information Systems Manager) and also resembles position titles commonly used in the Information Technology field to describe similar classifications. The recommended salary range is the same as the range for both of the current classifications of Application Specialist and Network Technician (43S). There will also be no change to the representative bargaining unit and any positions allocated to the classification will be represented by the Supervisory and Professional Employees' Association (SPEA). Staff has had the necessary discussions with SPEA and they are in concurrence with staff's recommendation. If the recommendation to collapse these two classification descriptions into one classification is approved, the current incumbent will be reclassified from Network Technician to Information Systems Specialist. Additionally, the vacant position will be recruited for as an Information Systems Specialist and an appropriate exam plan is being recommended: Examination Plan Information Systems Specialist Open- Competitive/Promotional Structured Technical and Career Preparation Weighted 100% Interview Approval of exam plans for Merit System job classifications in all City Departments has been required since the passage of Initiative Ordinance No. 586 in April 1962. For departments other than Police and Fire, the plan may consist of any one or combination of the following techniques: 1. Written; 2. Oral; 3. Demonstration; and 4. Any evaluation of education, experience, or skills or physical fitness, which fairly evaluates the relative capacities of the applicants. Police and Fire Departments: The examination plan, for entrance or promotional, for the Police and Fire Departments, shall consist of a written examination and one or more of the following: 1. Oral; 2. Demonstration; and 3. Any evaluation of education certification, experience, or skills or any test of manual skills or physical fitness, which fairly evaluates the relative capacities of the applicant. - 2 - 61.2 RESOLUTION NO. A RESOLUTION ESTABLISHING A BASIC MONTHLY SALARY FOR THE JOB CLASSIFICATION OF INFORMATION SYSTEMS SPECIALIST The City Council of the City of El Segundo does resolve as follows: Section 1: The City Council approves the following basic monthly salary range: Step A Step B Step C Step D Step E Information $6,129.82 $6,436.31 $6,758.13 $7,096.04 $7,450.84 Systems Specialist Range 43S Section 2: The City Clerk is directed to certify the adoption of this Resolution; record this Resolution in the book of the City's resolutions; and make a minute of the adoption of the Resolution in the City Council's records and the minutes of this meeting. PASSED AND ADOPTED this day of , 2012. Carl Jacobson Mayor 613 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I, Tracy Weaver, City Clerk of the City of El Segundo, California, do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing Resolution No. was duly passed and adopted by said City Council, approved and signed by the Mayor, and attested to by the City Clerk, all at a regular meeting of said Council held on the 7th day of August, 2012, and the same was so passed and adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: NOT PARTICIPATING: WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this 7`h day of August, 2012 Tracy Weaver, City Clerk of the City of El Segundo, California (SEAL) APPROVED AS TO FORM: Mark D. Hensley, City Attorney 0 Karl H. Berger Assistant City Attorney 614 City of El Segundo, CA Job Description Information Systems Specialist Definition: Under general supervision, develops, plans, installs, and maintains all City information systems, networks, and applications, and provides day -to -day operational and technical support. May supervise Service Desk personnel. Essential Functions: Essential functions, as defined under the Americans with Disabilities Act, may include the following duties and responsibilities, knowledge, skills and other characteristics. This list of duties and responsibilities is ILLUSTRATIVE ONLY, and is not a comprehensive listing of all functions and tasks performed by positions in this class. Characteristic Duties and Responsibilities: Plans for, installs, and maintains all applications, systems, and networks, while effectively managing associated security and disaster recovery requirements; conducts periodic preventive maintenance and diagnostic testing on all software and hardware systems. Analyzes, designs, develops, tests, deploys, and supports custom application software to meet organizational needs following industry best practices. Communicates with site staff on all changes and updates. Utilizes project management methods to ensure projects are planned appropriately and completed within established guidelines. Coordinates and conducts staff training on City applications and communications systems. May supervise Service Desk staff, ensuring a high level of customer service and end user support; Provides back -up support for the Service Desk and resolve escalated incidents; Provides emergency support for system outages or City disasters at any time as required. Recruits, hires, schedules, assigns, monitors and evaluates staff; provides for and /or conducts staff development; establishes work methods and standards; initiates corrective and /or disciplinary action and responds to grievances and complaints according to established personnel policies and procedures and relevant MOU's. Class established 08112 615 Information Systems Specialist Knowledge, Skills and Other Characteristics: Knowledge of technical support requirements for current networks, systems, and applications used in the City Knowledge of current computer programs and applications used in a municipal environment Knowledge of supervisory principles and practices Knowledge of project management principles and practices Skill providing operational and technical support for computer networks, systems and applications Skill in understanding business requirements and ability to translate them into systems solutions Skill in analyzing data and technical systems, and debugging Skill coordinating repair and technical support with appropriate internal and external resources Skill providing formal and informal training and support to system users Skill in current system, network, application and programming design, Skill in organizing and managing complex projects, multiple deadlines, and competing priorities Skill writing, interpreting and explaining complex manuals and technical documentation Skill establishing and maintaining effective working relationships with other department staff, other City employees and the public Ability to contribute to a team -work oriented environment through effective customer service principles and practices Ability to resolve escalated service desk incidents Working Conditions: Regularly required to lift 40 pounds and carry 25 pounds. Occasionally required to work in confined spaces. Licensing/Certification Re ulrements: MCSE, CCNP, PMP, and/or ITIL certification (or comparable or higher level certification in similar areas) are desirable. A valid California Drivers License Minimum Qualifications: An Associate's Degree in Information Systems, Computer Science, or a closely related field and three (3) years recent and progressively responsible professional computer and network experience consisting of application, network, programming and /or system design, installation, and maintenance, or an equivalent combination of education and experience. Experience providing technical and analytical computer and network support in a public sector agency is preferred. !6 16 EL SEGUNDO CITY COUNCIL MEETING DATE: August 7, 2012 AGENDA STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action to 1) Approve a Reimbursement Agreement between the City of El Segundo and the County of Los Angeles, Department of Public Works for the restoration of Aviation Blvd. and 2) Adopt revised Plans and Specifications for rehabilitation of Aviation Blvd. from 116th Street to El Segundo Blvd. Approve Capital Improvement Project. Project No.: PW 12 -02. (Fiscal Impact: $507,975 (City portion), $683,025 (Los Angeles County reimbursement) for a project total of $1,191,000) RECOMMENDED COUNCIL ACTION: 1. Approve the Reimbursement Agreeement; 2. Authorize the Mayor to sign the Reimbursement Agreement in a form approved by the City Attorney; 3. Adopt revised Plans and Specifications; 4. Authorize staff to advertise the project for receipt of construction bids; 5. Alternatively, discuss and take other action related to this item. ATTACHED SUPPORTING DOCUMENTS: Reimbursement Agreement Location Map FISCAL IMPACT: Included in Adopted Budget Amount Budgeted: $460,000.00 Additional Appropriation: Yes $47,975.00 from the Gas Tax Fund Balance Account Number(s): 301 -400- 8203 -8358 (Capital Projects: Aviation) 106 -400- 8203 -8358 (Gas Tax: Aviation) ORIGINATED BY: Arianne Bola, Civil Engineering Associate" REVIEWED BY: Stephanie Katsouleas, Public W rks Director APPROVED BY: Greg Carpenter, City Manager BACKGROUND AND DISCUSSION: Aviation Blvd. is the City's easternmost jurisdictional boundary. The street itself is jurisdictionally divided, with the southbound lanes belonging to El Segundo, and the north bound lanes belonging to the County of Los Angeles (north of El Segundo Blvd) and the City of Hawthorne (south of El Segundo Blvd.) 9 617 On April 3, 2012, the City Council adopted plans and specifications for the rehabilitation of El Segundo's portion of Aviation Blvd., from 116th St. to El Segundo Blvd. Shortly after adopting plans and specifications for the City's portion of Aviation Blvd., City Staff learned that the County of Los Angeles, Department of Public Works would be able to accelerate its own Aviation Blvd. rehabilitation project to coincide with our project if we could take the lead on developing new plans and specifications, and oversee bidding and construction activities. The County would then reimburse us for actual construction costs incurred, including construction and inspection services. The two agencies subsequently worked closely together to develop and finalize new plans to resurface all of Aviation Blvd., between 116th and El Segundo Blvd. The cost sharing allocation identified in the attached Reimbursement Agreement estimates construction activities for the project will cost $1,041,000, with the County share at $597,000.00 and City share at 444,000, although the actual cost will be dependent on the bids received. The City's share is being paid for with Proposition C local return funds and Gas Tax allocations. City staff is requesting that Council approve the following expected allocations: Cost DistribUti011 Construction City of' E] se'.1-ttlido Prop C 2011112 $340,000 Los Angeles $597,000 Total $1,041,000 Prop C 2012113 $104,000 Inspection Services Prop C 2012113 Gas Tax* $16,000 $5,325 $28,675 $50,000 Construction Contingency** Gas Tax* $429650 $57,350 $100,000 Total Funds $507,975 $683,0257 $1,191,000 *Funds to be transferred from the Gas Tax fund balance ** Actual contingencies spent, if any, will be allocated to the change(s) approved based on jurisdiction. The Project — Aviation Blvd. Between 116th and El Segundo Blvd. Under the City's Pavement Management Program, Aviation Street has a Pavement Condition Index (PCI) of 23 and 37 for two segments to be repaired. A PCI (0 -100, 100 being best) is assigned to each arterial and collector street based on its pavement condition. Agencies typically attempt to keep a street's average PCT above 65, which is "good to fair." The proposed pavement overlay treatment involves the installation of asphalt rubber aggregate membrane followed by the application of two - inch -thick asphalt concrete. This treatment is more expensive than the standard two -inch overlay but is proven to provide longer life cycle on streets showing alligator cracks with heavy truck traffic. Staff anticipates bidding the project in September following County Board approval and anticipates that construction will commence and be completed by November 22, 2012. 618 AGREEMENT THIS AGREEMENT, made and entered into by and between the CITY OF EL SEGUNDO, a municipal corporation in the County of Los Angeles (hereinafter referred to as CITY), and the COUNTY OF LOS ANGELES, a political subdivision of the State of California (hereinafter referred to as COUNTY): WITNESSETH WHEREAS, Aviation Boulevard is on the Highway Element of CITY'S General Plans and on COUNTY'S Highway Plan; and WHEREAS, CITY and COUNTY propose to design and construct improvements to Aviation Boulevard from El Segundo Boulevard to 116th Street (which work is hereinafter referred to as PROJECT); and WHEREAS, PROJECT is within the geographical boundaries of CITY and unincorporated area of COUNTY; and WHEREAS, PROJECT is of general interest to CITY and COUNTY; and WHEREAS, CITY is willing to perform or cause to perform the preliminary engineering, contract administration, construction inspection and engineering, materials testing, construction survey, utility engineering and relocation, traffic detour, and all other work necessary to complete PROJECT; and WHEREAS, CITY and COUNTY are both willing to finance their respective shares of COST OF PROJECT (as defined below) for those portions of PROJECT within their JURISDICTION (as defined below); and WHEREAS, COST OF PROJECT is currently estimated to be One Million Forty -one Thousand and 001100 Dollars ($1,041,000.00) with CITY'S jurisdictional share being Four Hundred Forty -four Thousand and 001100 Dollars ($444,000.00) and COUNTY'S jurisdictional share being Five Hundred Ninety -seven Thousand and 001100 Dollars ($597,000.00); and WHEREAS, such a proposal is authorized and provided for by the provisions of Sections 6500 and 23004, et seq., of the Government Code and Sections 1710, 1685, and 1803 of the California Streets and Highways Code. Page 1 of 9 6L9 NOW, THEREFORE, in consideration of the mutual benefits to be derived by CITY and COUNTY and of the promises herein contained, it is hereby agreed as follows: 1) DEFINITIONS: a. JURISDICTION is the area within the jurisdictional boundaries of CITY and the unincorporated areas of the COUNTY, respectively. b. PRELIMINARY ENGINEERING as referred to in this AGREEMENT shall consist of environmental findings and approvals /permits; design survey; soils report; traffic index and geometric investigation; preparation of plans, specifications, and cost estimates; right -of -way engineering; utility engineering; and all other necessary work prior to advertising of PROJECT for construction bids. Unless otherwise provided by mutual written amendment to this Agreement, the cost of PRELIMINARY ENGINEERING as referred to in this AGREEMENT shall not exceed ten percent (10 %) of the COST OF CONSTRUCTION CONTRACT. c. COST OF CONSTRUCTION CONTRACT as referred to in this AGREEMENT shall consist of the total of payments to the construction contractor(s) for PROJECT and the total of all payments to utility companies or contractor(s) for the relocation of facilities necessary for the construction of PROJECT. d. CONSTRUCTION ADMINISTRATION as referred to in this AGREEMENT shall consist of construction contract administration, construction inspection, materials testing, construction survey, traffic detour, signing and striping, construction engineering, utility relocation, changes and modifications of plans and specifications for PROJECT necessitated by unforeseen or unforeseeable field conditions encountered during construction of PROJECT, construction contingencies, and all other necessary work after advertising of PROJECT for construction bids to cause PROJECT to be constructed in accordance with said plans and specifications approved by CITY and COUNTY. The cost of CONSTRUCTION ADMINISTRATION as referred to in this AGREEMENT shall not exceed ten percent (10 %) of the COST OF CONSTRUCTION CONTRACT. e. COST OF PROJECT as referred to in this AGREEMENT shall consist of the COST OF CONSTRUCTION CONTRACT and costs of PRELIMINARY ENGINEERING, CONSTRUCTION ADMINISTRATION, right -of -way acquisition and clearances matters, and all other work necessary to complete PROJECT in accordance with the approved plans and specifications and shall include salaries, wages, and equipment costs to cover overhead, administration, and depreciation in connection with any or all of the aforementioned items. Page 2 of 9 620 2) CITYAGREES: a. To perform or cause to be performed the PRELIMINARY ENGINEERING, CONSTRUCTION ADMINISTRATION, and all other necessary work prior to advertising of PROJECT in accordance with applicable law. b. To finance CITY'S jurisdictional share of COST OF PROJECT, pursuant to paragraph (4) a., below. c. To obtain COUNTY'S approval of plans for PROJECT prior to advertising for construction bids, and to obtain COUNTY'S approval for any material revisions to the plans and for any additional work that CITY proposes to complete in COUNTY jurisdiction as part of PROJECT. None of COUNTY'S approvals may be unreasonably withheld. d. To advertise PROJECT for construction bids, to award and to administer the CONSTRUCTION CONTRACT, to do all things necessary and proper to complete PROJECT in accordance with applicable law, and to act on behalf of COUNTY in all negotiations pertaining thereto. e. To ensure that COUNTY, and all officers, employees and agents of the COUNTY are named as additional insured parties under the construction contractor's Commercial General Liability and automobile insurance policies, for all work in connection with PROJECT, including coverage for ongoing operations and completed operations. To furnish COUNTY within one hundred twenty (120) calendar days after final payment to contractor a final accounting of the actual COST OF PROJECT, including an itemization of actual unit costs and actual quantities for PROJECT. g. Upon completion of PROJECT to maintain in good condition and at CITY'S expense all improvements constructed as part of PROJECT within CITY'S JURISDICTION. 3) COUNTYAGREES: a. To finance COUNTY'S jurisdictional share of COST OF PROJECT, the amount of which is to be determined by a final accounting of PROJECT costs pursuant to paragraph (4) a., below. b. To deposit with the CITY, following the opening of construction bids for PROJECT and upon demand by the CITY, sufficient COUNTY funds to finance COUNTY'S share of COST OF PROJECT, currently estimated to be Five Hundred Ninety -seven Thousand and 001100 Dollars ($597,000.00). Said demand will consist of a billing invoice prepared by CITY. Page 3 of 9 621 c. To appoint CITY as COUNTY'S attorney -in -fact for the purpose of representing COUNTY in all negotiations pertaining to the advertisement of PROJECT for construction bids, award, and administration of the construction contract and in all things necessary and proper to complete PROJECT. d. To grant CITY any temporary right of way or license to use property that COUNTY owns or has an easement for that is necessary for the construction of PROJECT at no cost to CITY to the extent not already provided by law. e. Upon COUNTY'S approval of construction plans for PROJECT, to issue CITY a no -fee permit(s) authorizing CITY to construct those portions of PROJECT within COUNTY'S JURISDICTION. f. To cooperate with CITY in conducting negotiations with and, where appropriate, to issue notices to public utility organizations and owners of substructure and overhead facilities regarding the relocation, removal, operation, and maintenance of all surface and underground utilities and facilities, structures, and transportation services that interfere with the proposed construction. Where utilities have been installed in COUNTY streets or on COUNTY property, COUNTY will provide the necessary right of way for the relocation of those utilities and facilities that interfere with the construction of PROJECT. COUNTY will take all necessary steps to grant, transfer, or assign all prior rights over to the utility companies and owners of substructure and overhead facilities to CITY when necessary to construct, complete, and maintain PROJECT or to appoint CITY as its attorney -in -fact to exercise such prior rights. g. Upon completion of PROJECT to maintain in good condition and at COUNTY'S expense all improvements constructed as part of PROJECT within COUNTY'S JURISDICTION. 4) IT IS MUTUALLY UNDERSTOOD AND AGREED AS FOLLOWS: a. The final accounting of the actual total COST OF PROJECT shall allocate said total cost between CITY and COUNTY based on the location of the improvements and/or work performed. Thus, the cost of all work or improvements (including all engineering, administration, and all other costs incidental to PROJECT work) performed within CITY'S JURISDICTION shall be borne by CITY. Such costs constitute CITY'S jurisdictional share of the COST OF PROJECT. The costs of all work improvements (including all engineering, administration, and all other costs incidental to PROJECT work) performed within COUNTY'S JURISDICTION shall be borne by COUNTY. Such costs constitute COUNTY'S jurisdictional share of the COST OF PROJECT. Page 4 of 9 622 b. If at final accounting COUNTY'S jurisdictional share of COST OF PROJECT exceeds COUNTY'S PAYMENT, as set forth in paragraph 3) b., above, COUNTY shall pay to CITY the additional amount upon demand. Said demand shall consist of a billing invoice prepared by CITY. Conversely, if the COUNTY'S jurisdictional share is less than said COUNTY'S PAYMENT, CITY shall refund the difference to COUNTY within thirty (30) days of the date CITY furnished COUNTY with the final accounting without further action by COUNTY. c. COUNTY shall review the final accounting invoice prepared by CITY as set forth in paragraph 4) b. above, and report in writing any discrepancies to CITY within (60) calendar days after the date of said invoice. CITY shall review all disputed charges and submit a written justification detailing the basis for those charges within sixty (60) calendar days of receipt of COUNTY'S written report. COUNTY shall then make payment of the previously disputed charges or submit justification for nonpayment within sixty (60) calendar days after the date of CITY'S written justification. d. During construction of PROJECT, CITY shall furnish an inspector or other representative to perform the functions of an inspector. COUNTY may also furnish, at no cost to CITY, an inspector or other representative to inspect construction of PROJECT. Said inspectors shall cooperate and consult with each other, but the orders of CITY inspector to the contractors or any other person in charge of construction shall prevail and be final. e. This AGREEMENT may be amended or modified only by mutual written consent of CITY and COUNTY. Amendments and modification of a nonmaterial nature may be made by the mutual written consent of the parties' Directors of Public Works or their delegates. f. Any correspondence, communication, or contact concerning this AGREEMENT shall be directed to the following: CITY: Ms. Stephanie Katsouleas Director of Public Works City of El Segundo 350 Main Street El Segundo, CA 90245 -3895 COUNTY: Ms. Gail Farber Director of Public Works County of Los Angeles Department of Public Works P.O. Box 1460 Alhambra, CA 91802 -1460 Page 5 of 9 63 g. Other than as provided below, neither COUNTY nor any officer or employee of the COUNTY shall be responsible for any damage or liability occurring by reason of any acts or omissions on the part of CITY under or in connection with any work, authority, or jurisdiction delegated to or determined to be the responsibility of CITY under this AGREEMENT. It is also understood and agreed that, pursuant to Government Code Section 895.4, CITY shall fully indemnify, defend, and hold the COUNTY harmless from any liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of any acts or omissions on the part of CITY under or in connection with any work, authority, or jurisdiction delegated to or determined to be the responsibility of the CITY under this AGREEMENT. h. Neither the COUNTY nor any officer or employee of the COUNTY shall be responsible, directly or indirectly, for damage or liability arising from or attributable to the presence or alleged presence, transport, arrangement, or release of any hazardous materials, chemicals, or contaminants present at or stemming from the PROJECT within the CITY'S JURISDICTION or arising from acts or omissions on the part of the CITY under or in connection with any work, authority, or jurisdiction delegated to or determined to be the responsibility of the CITY under this AGREEMENT, including liability under the Comprehensive Environmental, Response, Compensation and Liability Act of 1980 (CERCLA) and under the California Health and Safety Code. It is understood and agreed pursuant to Government Code Section 895.4, CITY shall fully indemnify, defend, and hold COUNTY harmless from any such damage, liability or claim. In addition to being an agreement enforceable under the laws of the State of California, the foregoing indemnity is intended by the parties to be an agreement pursuant to 42 U.S.C. Section 9607(e), Section 107(e), of the amended CERCLA, and California Health and Safety Code Section 25364. Other than as provided below, neither CITY nor any officer or employee of the CITY shall be responsible for any damage or liability occurring by reason of any acts or omissions on the part of COUNTY under or in connection with any work, authority, or jurisdiction delegated to or determined to be the responsibility of COUNTY under this AGREEMENT. It is also understood and agreed that, pursuant to Government Code Section 895.4, COUNTY shall fully indemnify, defend, and hold the CITY harmless from any liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of any acts or omissions on the part of COUNTY under or in Page 6 of 8 connection with any work, authority, or jurisdiction delegated to or determined to be the responsibility of the COUNTY under this AGREEMENT. Neither the CITY nor any officer or employee of the CITY shall be responsible, directly or indirectly, for damage or liability arising from or attributable to the presence or alleged presence, transport, arrangement, or release of any hazardous materials, chemicals, or contaminants present at or Page 6of9 624 stemming from the PROJECT that is not within the CITY'S JURISDICTION or arising from acts or omissions on the part of the COUNTY under or in connection with any work, authority, or jurisdiction delegated to or determined to be the responsibility of the COUNTY under this AGREEMENT, including liability under the Comprehensive Environmental, Response, Compensation and Liability Act of 1980 (CERCLA) and under the California Health and Safety Code. It is understood and agreed pursuant to Government Code Section 895.4, COUNTY shall fully indemnify, defend, and hold CITY harmless from any such damage, liability or claim. In addition to being an agreement enforceable under the laws of the State of California, the foregoing indemnity is intended by the parties to be an agreement pursuant to 42 U.S.C. Section 9607(e), Section 107(e), of the amended CERCLA, and California Health and Safety Code Section 25364. k. In contemplation of the provisions of Section 895.2 of the Government Code of the State of California imposing certain tort liability jointly upon public entities solely by reason of such entities being parties to an agreement (as defined in Section 895 of said Code), each of the parties hereto, pursuant to the authorization contained in Sections 895.4 and 895.6 of said Code, will assume the full liability imposed upon it or any of its officers, agents, or employees by law for injury caused by any act or omission occurring in the performance of this AGREEMENT to the same extent that such liability would be imposed in the absence of Section 895.2 of said Code. To achieve the above- stated purpose, each of the parties indemnifies and holds harmless the other party for any liability, cost, or expense that may be imposed upon such other party solely by virtue of Section 895.2. The provisions of Section 2778 of the California Civil Code are made a part hereof as if incorporated herein. I. It is understood and agreed that the provisions of Assumption of Liability Agreement No. 32057 between CITY and COUNTY, adopted by the Board of Supervisors on December 27, 1977, and currently in effect, are inapplicable to this AGREEMENT. m. INTERPRETATION. This AGREEMENT was drafted in, and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this AGREEMENT will be in Los Angeles County. n. COMPLIANCE WITH LAW. The Parties agree to comply with all federal, state, and local laws applicable to this AGREEMENT. o. ENTIRE AGREEMENT. This AGREEMENT sets forth the entire understanding of the parties. There are no other understandings, terms or other agreements expressed or implied, oral or written. Page 7 of 9 625 p. SEVERABILITY. If any portion of this AGREEMENT sets declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this AGREEMENT will continue in full force and effect. q. AUTHORITYIM0DIFICATION. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this AGREEMENT and to engage in the actions described herein. This AGREEMENT may be modified by written amendment. CITY'S City Manager, or designee, may execute any such amendment on behalf of CITY. Page 8 of 9 626 IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed by their respective officers, duly authorized by the CITY OF EL SEGUNDO on , 2012, and by the COUNTY OF LOS ANGELES on , 2012. ATTEST: SACHI A. HAMAI Executive Officer of the Board of Supervisors of the County of Los Angeles By APPROVED AS TO FORM: JOHN F. KRATTLI County Counsel By Deputy COUNTY OF LOS ANGELES By Chairman, Board of Supervisors CITY OF EL SEGUNDO By ATTEST: By City Mayor City Clerk APPROVED AS TO FORM By City Attorney P:%pdpuMCity\Qties -Uninc AreaslSouth Bay Cities0slEnclosure- Aviation Blvd ABO Agreement rev2.doc Page 9 of 9 627 l� J Jl JLJ L°nle NOILVIAV is srnonoa OW ❑D a� F- Z N Z O= UJ o _ O r a � —� CM w CD N G = a N — W me vaanvidas W � � ; a r J IInl- Cam❑ oo ° -ja ❑ ._ �❑ ❑S VV Wm ❑ ❑❑ w a IM In m �_ is a3iN�o W �❑❑ ==F19 a J ❑ ❑�❑� ❑D ®® a w A �❑❑M ®i___i❑ EH� ❑ ❑ ❑❑ ❑❑ iS NiVW �Q Du IEJ 0 EL SEGUNDO CITY COUNCIL AGENDA STATEMENT AGENDA DESCRIPTION: MEETING DATE: August 7, 2012 AGENDA HEADING: New Business Consideration and possible action regarding 1) Introduction of an Ordinance and 2) Adoption of a Resolution of Intention to approve an Amendment to the Contract between the Board of Administration of the California Public Employees' Retirement System (CaIPERS) and the El Segundo City Council to (a) Provide Government Code Section 20516(a) (3% Employee Cost Sharing of Additional Benefits) applicable to Local Fire Members and (b) Provide Government Code Section 20475 (Different Level of Benefits for the 3% @ 55 formula) for Local Police Members entering into membership after the effective date of the Contract; and 3) Approval for Staff to administer the Employee Election for Local Fire (Fiscal Impact: 1.) Cost savings based on the 3% Cost Sharing under GC § 20516(a) estimated at $164,534.08 for Fiscal Year 2012/13 2.) Unknown decrease in the employer safety rate as new employees are hired into the Second Tier). RECOMMENDED COUNCIL ACTION: 1. Introduce and waive the First Reading of the Ordinance 2. Adopt the Resolution of Intention 3. Approve Staff to administer the Employee Election for Cost Sharing 4. Alternatively, discuss and take other action related to this item. ATTACHED SUPPORTING DOCUMENTS: 1. Ordinance 2. Resolution of Intention 3. CaIPERS Exhibit — Amendment to Contract FISCAL IMPACT: 1.) Cost savings based on the 3% Cost Sharing under GC 20516(a) estimated at $164,534.08 for Fiscal Year 2012/13 2.) Unknown decrease in the employer safety rate as new employees are hired into the Second Tier Amount Budgeted: N/A Additional Appropriation: N/A Account Number(s): N/A ORIGINATED BY: Deborah Cullen, Director of Finance/Human Resources REVIEWED BY: APPROVED BY: Greg Carpenter, City Manager BACKGROUND AND DISCUSSION: The City of El Segundo contracts with the California Public Employees Retirement System (CaIPERS) in order to provide pension benefits to City employees. Agency benefits provided are based upon the City Council's contract with the CaIPERS Board of Administration. Contract amendments complying with all applicable PERS laws and regulations can be made to modify benefits. -1 P 6 Amendments to the City's contract with CaIPERS are needed in order to implement provisions of the Memoranda of Understanding (MOU) with various bargaining units. There are multiple steps and legal requirements to implement a contract amendment with Ca1PERS, including the passage and adoption of an Ordinance authorizing the contract amendment, an approved Resolution of Intention specifying the proposed changes to the contract, an employee election to implement the cost - sharing provision, and compliance with all applicable Government Code provisions and CalPERS timelines. Two -Tier Retirement Formula for Local Police Government_ Code & 21363.1 (3% 0_@ 55); Government Code § 20475 (Different Level of Benefits) The Ca1PERS retirement formula for Police is currently 3% @ 50. The current MOU's for the Police Management Association (PMA) and Police Officers' Association (POA), approved by the City Council on October 4`}', 2011, include provisions to implement a second tier retirement formula of 3% @ 55, in accordance with Government Code §21363.1, for employees hired into the local police group on or after the date of the contract amendment with PERS. Per Government Code §20475, a second tier of benefits with a lower benefit formula can only apply to new hires after the effective date of the contract. Employee Cost Sharing for Local Fire Government Code 4 20516(a) Em to ee Cost Sharing) The employer contribution to Ca1PERS varies from year to year based on an annual actuarial valuation. The employee contribution to Ca1PERS for safety plans (Police and Fire) is set at a fixed nine percent (9 %). Currently, the City's local fire employees pay between four percent (4 %) and nine percent (9 %) of the employee contribution. Sworn fire personnel in the El Segundo Firefighters' Association (FFA) pay their full nine percent (9 %) employee contribution. The current MOU, approved by the City Council on October 4, 2011, includes a provision that FFA employees will additionally contribute three percent (3 %) cost - sharing toward the employer contribution. It was agreed the three percent (3 %) would be paid on a post -tax basis under Government Code Section 20516(f) until such time the City was able to execute a contract amendment with PERS to implement Government Code §20516(a), allowing employees the benefit of contributing this amount on a pre -tax basis. Since the contract amendment applies to all local fire classifications, i.e. classifications outside of the FFA bargaining unit, the contract amendment process could not begin until the appropriate discussions had taken place with the Supervisory and Professional Employees Association (SPEA) bargaining unit which represents a local fire classification. It should be noted that once the contract amendment takes effect, all local fire classifications, regardless of employee group, will contribute three percent (3 %) under GC §20516(x). Requirement for Employee Election (For Employer Cost Sharing for Local Fire) Government Code §20474 (Secret Ballot Election) Government Code § 20474 requires a secret ballot election by affected employees whenever the contract is amended to provide a benefit that changes the employees' rate of contribution. Employee Cost - Sharing under GC § 20516(a) changes the employee contribution rate so a secret election will be conducted. All Iocal fire members need to have the opportunity to complete a Cost Sharing Ballot. Voting members include all FFA members, along with Fire Management (Battalion Chiefs), the SPEA member covered under local fire benefits (Environmental Safety Manager), and the Fire Chief. Staff recommends that the Human Resources Department administer the employee election in conjunction with the City Clerk's Office. Each employee eligible to participate in the election will be mailed an official ballot and a memorandum indicating that the election is required by CalPERS law. Employees will have ten (10) days to submit their secret ballot in a sealed envelope in person at the City Clerk's Office, by US mail, or interoffice mail. Timeline and Requirements under Government Code § 20741 Government Code § 20741 requires a twenty (20) day period between the adoption of the Resolution of Intention and the Second Reading and Adoption of the Ordinance. Also, following the Resolution of Intention but preceding adoption of the final documents, the secret ballot employee election must take place. As described above, this election will affect employees who are on a shift schedule and it is important to allow an appropriate amount of time for all voting members to have the opportunity to vote. Staff recommends the election take place from approximately August 9 — August 20, 2012 If the Resolution of Intention is approved at the Council Meeting of August 7, 2012, and the employee election confirms the Employer Cost Sharing provision, the Ordinance will be agendized for Final Reading and Adoption at the September 4, 2012 meeting. If approved, the Ordinance will become effective on the 31" day following passage and adoption. The Contract Amendment can take effect the beginning of the first payroll period following the effective date of the ordinance. Therefore, if all necessary steps are completed and the Ordinance is adopted on September 4, 2012, the Contract Amendment will be effective October 4, 2012 and the Employer Cost - Sharing under GC § 205 i 6(a) (3% pre -tax contribution for local fire employees) can be effective the payroll period beginning October 6, 2012. Disclosure of the Cost of this Contract Amendment/Fiscal Impact Government Code § 7507 Government Code §7507 requires that the future annual costs or benefit change of the proposed contract be made public at least two weeks prior to the adoption of the final ordinance: There will be no immediate rate impact from this amendment. Decreases in the employer safety rate will occur as employees are hired into the second tier retirement formula. Any decreases in the employer safety rate are based upon the impact of hiring employees into the second level of benefits (3% @a 55) for Local Police Employees. The employer rate reduction will occur gradually, beginning on July 1, 2015, if there are second tier employees hired on or before June 30, 2013. Due to the annual actuarial valuation process that CalPERS uses, impacts to employer contribution rates take effect two years following the end of the fiscal year in which changes occur. It is estimated that the cost sharing for local fire is saving the City $172,063.03 in Fiscal Year 2011 /12 and will result in savings for Fiscal Year 2012/13 of $164,534.08. Implementing the Contract Amendment under GC § 20516(a) gives the employees the benefit of a pre -tax contribution and a lower out- of-pocket contribution but does not impact the City savings. - 3 - 631 ORDINANCE NO. AN ORDINANCE AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF EL SEGUNDO AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM. The City Council of the City of El Segundo does ordain as follows: Section 1: The Attached Exhibit A, an amendment to the contract between the City Council of the City of El Segundo and the Board of Administration, California Public Employees' Retirement System, is approved and the Mayor is authorized to execute the agreement. Section 2: The City Clerk is directed to certify passage and adoption of this Ordinance; cause it to be entered into the City of El Segundo's book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within fifteen (15) days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law. Section 3: This Ordinance will become effective on the thirty-first (3Is) day following its passage and adoption. PASSED AND ADOPTED this day of , 2012. Carl Jacobson, Mayor 632 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO 1 I, Tracy Weaver, City Clerk of the City of El Segundo, California, do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing Ordinance No. was duly introduced by said City Council at a regular meeting held on the day of , 2012, and was duly passed and adopted by said City Council, approved and signed by the Mayor, and attested to by the City Clerk, all at a regular meeting of said Council held on the day of 2012, and the same was so passed and adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this day of 32012. Tracy Weaver, City CIerk of the City of El Segundo, California (SEAL) APPROVED AS TO FORM: Mark D. Hensley, City Attorney Un Karl H. Berger Assistant City Attorney 633 RESOLUTION OF INTENTION TO APPROVE AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL CITY OF EL SEGUNDO WHEREAS, the Public Employees' Retirement Law permits the participation of public agencies and their employees in the Public Employees' Retirement System by the execution of a contract, and sets forth the procedure by which said public agencies may elect to subject themselves and their employees to amendments to said Law; and WHEREAS, one of the steps in the procedures to amend this contract is the adoption by the governing body of the public agency of a resolution giving notice of its intention to approve an amendment to said contract, which resolution shall contain a summary of the change proposed in said contract; and WHEREAS, the following is a statement of the proposed change: To provide Section 20516 (3% Employees Sharing Cost of Additional Benefits) applicable to Section 21363.1 (3% @ 55 Full formula) for local fire members, and Section 20475 (Different Level of Benefits). Section 21363.1 (3% @ 55 Full Formula) is applicable to local police members entering membership for the first time in the police classification after the effective date of this amendment to contract. NOW, THEREFORE, BE IT RESOLVED that the governing body of the above agency does hereby give notice of intention to approve an amendment to the contract between said public agency and the Board of Administration of the Public Employees' Retirement System, a copy of said amendment being attached hereto, as an "Exhibit" and by this reference made a part hereof. By: Presiding Officer Title Date adopted and approved (Amendment) CaIPERS 1D# 2657082556 CON -302 {Rev. 4196) 634 I% Ca1PERS B%HIBIT A California Public Employees' Retirement System EXHIBIT AMENDMENT TO CONTRACT Between the Board of Administration California Public Employees' Retirement System and the City Council City of E1 Segundo The Board of Administration, California Public Employees' Retirement System, hereinafter referred to as Board, and the governing body of the above public agency, hereinafter referred to as Public Agency, having entered into a contract effective October 1, 1943, and witnessed August 25, 1943, and as amended effective November 1, 1947, August 1, 1949, July 1, 1950, November 1, 1955, September 1, 1958, March 9, 1959, November 7, 1964, October 19, 1968, December 11, 1971, July 20, 1974, July 19, 1975, January 3, 1976, July 16, 1977, June 3, 1978, February 6, 1982, April 3, 1982, January 1, 1992, June 27, 1992, May 15, 1993, January 8, 1994, January 19, 1996, April 4, 1997, October 13, 1997, October 7, 2000, December 18, 2000, May 19, 2001, July 2, 2004, April 12, 2008, May 9, 2009, October 3, 2009 and October 23, 2010 which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows: A. Paragraphs 1 through 14 are hereby stricken from said contract as executed effective October 23, 2010, and hereby replaced by the following paragraphs numbered 1 through 15 inclusive: 1. All words and terms used herein which are defined in the Public Employees' Retirement Law shall have the meaning as defined therein unless otherwise specifically provided. "Normal retirement age" shall mean age 55 for local miscellaneous members, age 50 for local police members entering membership in the police classification on or prior to the effective date of this amendment to contract, age 55 for local fire members and for those local police members entering membership for the first time in the police classification after the effective date of this amendment to contract. 635 _ Public Agency shall participate in the Public Employees' Retirement System from and after October 1, 1943 making its employees as hereinafter provided, members of said System subject to all provisions of the Public Employees' Retirement Law except such as apply only on election of a contracting agency and are not provided for herein and to all amendments to said Law hereafter enacted except those, which by express provisions thereof, apply only on the election of a contracting agency. 3_ Public Agency agrees to indemnify, defend and hold harmless the California Public Employees' Retirement System (CaIPERS) and its trustees, agents and employees, the CaIPERS Board of Administration, and the California Public Employees' Retirement Fund from any claims, demands, actions, losses, liabilities, damages, judgments, expenses and costs, including but not limited to interest, penalties and attorneys fees that may arise as a result of any of the following: (a) Public Agency's election to provide retirement benefits, provisions or formulas under this Contract that are different than the retirement benefits, provisions or formulas provided under the Public Agency's prior non - CaIPERS retirement program. (b) Public Agency's election to amend this Contract to provide retirement benefits, provisions or formulas that are different than existing retirement benefits, provisions or formulas. (c) Public Agency's agreement with a third party other than CaIPERS to provide retirement benefits, provisions, or formulas that are different than the retirement benefits, provisions or formulas provided under this Contract and provided for under the California Public Employees' Retirement Law. (d) Public Agency's election to file for bankruptcy under Chapter 9 (commencing with section 901) of Title 11 of the United States Bankruptcy Code and/or Public Agency's election to reject this Contract with the CaIPERS Board of Administration pursuant to section 365, of Title 11, of the United States Bankruptcy Code or any similar provision of law. (e) Public Agency's election to assign this Contract without the prior written consent of the CaIPERS' Board of Administration. 636 (f) The termination of this Contract either voluntarily by request of Public Agency or involuntarily pursuant to the Public Employees' Retirement Law. (g) Changes sponsored by Public Agency in existing retirement benefits, provisions or formulas made as a result of amendments, additions or deletions to California statute or to the California Constitution. 4. Employees of Public Agency in the following classes shall become members of said Retirement System except such in each such class as are excluded by law or this agreement: a. Local Fire Fighters (herein referred to as local safety members); b. Local Police Officers (herein referred to as local safety members); C. Employees other than local safety members (herein referred to as local miscellaneous members). 5. In addition to the classes of employees excluded from membership by said Retirement Law, the following classes of employees shall not become members of said Retirement System: NO ADDITIONAL EXCLUSIONS 6. Prior to January 1, 1975, those members who were hired by Public Agency on a temporary and /or seasonal basis not to exceed 6 months were excluded from PERS membership by contract. Government Code Section 20336 superseded this contract provision by providing that any such temporary and /or seasonal employees are excluded from PERS membership subsequent to January 1, 1975. Legislation repealed and replaced said Section with Government Code Section 20305 effective July 1, 1994. 7. The percentage of final compensation to be provided for each year of credited prior and current service for local miscellaneous members shall be determined in accordance with Section 21354 of said Retirement Law, subject to the reduction provided therein for service on and after July 1, 1956, the effective date of Social Security coverage, for members whose service has been included in Federal Social Security (2% at age 55 Full and Modified). 637 8. The percentage of final compensation to be provided for each year of credited prior and current service as a local fire member shall be determined in accordance with Section 21363.1 of said Retirement Law (3% at age 55 Full and Modified). 9. The percentage of final compensation to be provided for each year of credited prior and current service as a local police member entering membership in the police classification on or prior to the effective date of this amendment to contract shall be determined in accordance with Section 21362.2 of said Retirement Law (3% at age 50 Full). 10. The percentage of final compensation to be provided for each year of credited current service as a local police member entering membership for the first time in the police classification after the effective date of this amendment to contract shall be determined in accordance with Section 21363.1 of said Retirement Law (3% at age 55 Full). 11. Public Agency elected and elects to be subject to the following optional provisions: a. Sections 21624 and 21626 (Post- Retirement Survivor Allowance) for local safety members only. b. Section 21571 (Basic Level of 1959 Survivor Benefits) for local miscellaneous members only C. Section 21222.1 (One -Time 5% Increase - 1970). Legislation repealed said Section effective January 1, 1980. d. Section 21222.2 (One -Time 5% Increase - 1971). Legislation repealed said Section effective January 1, 1980. e. Section 21024 (Military Service Credit as Public Service). f. Section 20042 (One -Year Final Compensation). g. Section 21574 (Fourth Level of 1959 Survivor Benefits) for local safety members only. h. Section 21548 (Pre - Retirement Option 2W Death Benefit). Section 20903 (Two Years Additional Service Credit). 63B j. Section 20516 (Employees Sharing Cost of Additional Benefits): Section 21363.1 (3% @ 55 Full and Modified formula) for local fire members. The employee cost sharing contributions are 3 %. The maximum employee cost sharing contribution is the normal cost plus the increase in the accrued liability due to the benefit improvement amortized over 20 years. In no event shall the employee cost sharing contribution attributable to the unfunded liability remain in effect beyond May 19, 2021. Thereafter, in any given contribution year, the maximum employee cost sharing contribution cannot exceed 2.591% of payroll. k. Section 20475 (Different Level of Benefits). Section 21363.1 (3% @ 55 Full formula) is applicable to local police members entering membership for the first time in the police classification after the effective date of this amendment to contract. 12. Public Agency shall contribute to said Retirement System the contributions determined by actuarial valuations of prior and future service liability with respect to local miscellaneous members and local safety members of said Retirement System. 13. Public Agency shall also contribute to said Retirement System as follows: a. Contributions required per covered member on account of the 1959 Survivor Benefits provided under Section 21574 of said Retirement Law. (Subject to annual change.) In addition, all assets and liabilities of Public Agency and its employees shall be pooled in a single account, based on term insurance rates, for survivors of all local safety members. b. A reasonable amount, as fixed by the Board, payable in one installment within 60 days of date of contract to cover the costs of administering said System as it affects the employees of Public Agency, not including the costs of special valuations or of the periodic investigation and valuations required by law. C. A reasonable amount, as fixed by the Board, payable in one installment as the occasions arise, to cover the costs of special valuations on account of employees of Public Agency, and costs of the periodic investigation and valuations required by law. 639 14. Contributions required of Public Agency and its employees shall be subject to adjustment by Board on account of amendments to the Public Employees' Retirement Law, and on account of the experience under the Retirement System as determined by the periodic investigation and valuation required by said Retirement Law. 15. Contributions required of Public Agency and its employees shall be paid by Public Agency to the Retirement System within fifteen days after the end of the period to which said contributions refer or as may be prescribed by Board regulation. If more or less than the correct amount of contributions is paid for any period, proper adjustment shall be made in connection with subsequent remittances. Adjustments on account of errors in contributions required of any employee may be made by direct payments between the employee and the Board. B. This amendment shall be effective on the day of , BOARD OF ADMINISTRATION CITY COUNCIL PUBLIC EMPLOYEES' RETIREMENT SYSTEM CITY OF EL SEGUNDO BY BY KAREN DE FRANK, CHIEF PRESIDING OFFICER CUSTOMER ACCOUNT SERVICES DIVISION PUBLIC EMPLOYEES' RETIREMENT SYSTEM Witness Date Attest: Clerk AMENDMENT CaIPERS ID #2657082556 PERS- CON -702A 640 EL SEGUNDO CITY COUNCIL MEETING DATE: August 7, 2012 AGENDA STATEMENT AGENDA HEADING: Council Member Fellhauer AGENDA DESCRIPTION: Consideration and possible action to direct staff to prepare a policy prioritizing funding for sidewalk, curb and gutter installation, repairs and replacement for City Council consideration. (Fiscal Impact: None) RECOMMENDED COUNCIL ACTION: 1. Direct staff to prepare a policy prioritizing funding for sidewalk, curb and gutter installation, repairs and replacement for City Council consideration; or 2. Alternatively, discuss and take other possible action related to this item. ATTACHED SUPPORTING DOCUMENTS: None FISCAL IMPACT: Budget Adjustment Required Amount Budgeted: $0 Additional Appropriation: NIA Account Number(s): ORIGINATED BY: Marie Fellhauer REVIEWED BY: ilL APPROVED BY: Greg Carpenter, City Manager BACKGROUND AND DISCUSSION: Currently, the City prioritizes existing sidewalk, curb and gutter repairs according to a dynamic list which is prioritized based on a combination of severity, risk and budget. Areas in need are routinely added to the list by the Streets Division personnel as well as when requests are made from the community at large or an incident is reported. The Streets Division also performs sidewalk patching and mitigation with internal resources to the extent possible. The City's "unofficial" policy for prioritizing or adding new sidewalks has been reactive and is based on a host of considerations, such as location, need, funding and ADA requirements. Historically, however, the City has not installed new sidewalks, curbs and gutters where none currently exist, primarily due to the limited funds available and the extensive need to repair existing damaged sidewalks, curbs and gutters. Council Member Fellhauer is recommending that City staff develop a more formal policy for how funds are allocated toward the installation, repair and/or replacement of City sidewalks, curbs and gutters, specifically establishing a policy that would earmark a portion of annual concrete funds for the installation of new residential sidewalks when requests are made to the City and certain conditions are met. 1 1 641