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2012 Dec 18 - CC PACKET
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, December 18, 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) -5- matter 1. City of El Segundo vs. City of Los Angeles, et. al. LASC Case No. BS094279 2. City of Los Angeles vs. Pacific Bell Telephone Company, et al., LASC Case No. BC414272 3. Willmore vs. City of El Segundo, et al., LASC Case No. BC485025 4. Garton vs. City of El Segundo, et al., LASC Case No. YC066586 5. Garcia vs. City of El Segundo, et al., WCAB Case No. ADJ8116925 (Anaheim) 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): -0- matters 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, December 18, 2012 - 7:00 P.M. 7:00 P.M. SESSION CALL TO ORDER INVOCATION — Lee Carlile, Pastor, United Methodist Church PLEDGE OF ALLEGIANCE — Council Member Fisher 3 PRESENTATIONS 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 amend El Segundo Municipal Code ( "ESMC ") § 4 -8 -8 to allow fees relating to entertainment permits to be adopted by City Council resolution and adopting a resolution establishing an entertainment permit fee. Applicant: City of El Segundo. (Fiscal Impact: $3,505.00) Recommendation — 1) Open Public Hearing; 2) Discussion; 3) Introduce and waive first reading of an ordinance amendment to ESMC § 4 -8 -8 to allow fees required for an entertainment permit to be adopted by City Council resolution; 4) Adopt a resolution establishing a new fee to recover costs associated with issuing entertainment permits. The resolution would become effective at the same time as the ordinance amending ESMC § 4 -8 -8; 5) Schedule second reading and adoption of the ordinance amendment on January 15, 2013; 6) Alternatively, discuss and take other action related to this item. 2. Consideration and possible action regarding the adoption of a temporary plan check and permit surcharge to design and construct the City's One - Stop Permit Center for residential and non - residential permits. (Fiscal Impact: None) Recommendation — 1) Open Public Hearing; 2) Receive public testimony regarding the new temporary permit surcharge; 3) Close the public hearing; 4) Adopt a resolution establishing the proposed temporary plan /check permit surcharge; 5) Alternatively, discuss and take other action related to this item. F91 3. Consideration and possible action regarding (Public Hearing) the proposed project and budget for the FY 2013/14 Community Development Block Grant (CDBG) Program Year. Estimated CDBG budget allocation for Program Year 2013 -2014 is approximately $53,767.00. (Fiscal Impact: $53,767.00) Recommendation — 1) Open Public Hearing and take testimony; 2) Close public hearing and discuss item; 3) Adopt the new 2013 -2014 CDBG project and budget; 4) Authorize the City Manager to execute the contracts, in a from approved by the City Attorney, with the Los Angeles County Community Development Commission (CDC); 5) Alternatively, discuss and take other action related to this item. C. UNFINISHED BUSINESS 4. Presentation: Update on efforts to recruit for the vacant office of the City Treasurer and potential action by City Council regarding appointing a person or calling a special election to fill the vacancy. (Fiscal Impact: N /A) Recommendation — 1) Receive and file presentation; 2) Take action regarding appointing or calling a special election to fill the vacancy in the office of the City Treasurer; 3) Alternatively, discuss and take other action related to this item. 5. Presentation by the City of El Segundo Chief of Police, Mitch Tavera, related to City of El Segundo Mass Emergency Notification Systems. (Fiscal Impact: N /A) Recommendation — 1) Receive and file oral presentation; 2) Alternatively, discuss and take other action related to this item. D. REPORTS OF COMMITTEES, COMMISSIONS AND BOARDS 6. Consideration and possible action to open the recruitment process for the positions on the Committee, Commissions and Boards ( "CCBs ") that will expire in the year 2013. (Fiscal Impact: None) Recommendation — 1) Direct staff to open the recruitment process for the positions on the CCBs, as listed; 2) Alternatively, discuss and take other action related to this item. W 5 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. 7. Warrant Numbers 2590472 - 2590627 on Register No. 5 in the total amount of $585,890.44 and Wire Transfers from 11/23/2012 through 12/06/2012 in the total amount of $1,231,085.36. 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. 8. Regular City Council Meeting Minutes of December 4, 2012. Recommendation — Approval, 9. Consideration and possible action to approve and adopt South Bay Workforce Investment Board's (SBWIB) proposed Amendment No. 5 to the Joint Powers Agreement No. 83 -100 transferring the duties of administrative entity from the City of Hawthorne to the City of Inglewood. (Fiscal Impact: None Recommendation — 1) Staff recommends that the City Council approve and adopt the proposed Amendment No. 5 to the Joint Powers Agreement No. 83- 100 as amended; 2) Authorize the Mayor to sign the Amendment No. 5 to the Joint Powers Agreement No. 83 -100 as amended; 3) Alternatively, discuss and take other action related to this item. 10. Consideration and possible action to approve an Amendment to the Joint Powers Agreement between the City of El Segundo and the Los Angeles Interagency Metropolitan Police Apprehension Crime Task Force (LA IMPACT) and authorize the City Manager to execute the Joint Powers Agreement (JPA) Amendment in a form approved by the City Attorney. (Fiscal Impact: None) .......... Recommendation — 1) Authorize the City Manager to execute the Amendment in a form approved by the City Attorney to the LA IMPACT JPA; 2) Alternatively, discuss and take other action related to this item. R r. 11. Consideration and possible action to waive the bidding process per El Segundo Municipal Code § 1 -7 -10, as there was only one bidder that could meet the product specifications, and authorize the purchase of emergency food and water for employees, disaster service workers, and mutual aid responders in the event of a disaster. (Fiscal Impact: Additional $36,874.23) _ Recommendation — 1) Authorize the purchase of emergency food and water for employees, disaster service workers and mutual aid responders in the event of a disaster; 2) Alternatively, discuss and take other action related to this item. 12. Consideration and possible action to authorize the City Manager to sign and enter into an agreement, reviewed by the City Attorney, with the Regents of the University of California to allow the City of El Segundo to provide Paramedic Internship for students of the University of California, Los Angeles (UCLA) Emergency Medical Technician Paramedic Program. (Fiscal Impact: None) Recommendation — 1) Authorize the City Manager to sign and enter into an agreement, reviewed by the City Attorney, with the Regents of the University of California to allow the City of El Segundo to provide Paramedic Internship for students of the University of California, Los Angeles (UCLA) Emergency Medical Technician Paramedic Program; 2) Alternatively, discuss and take other action related to this item. 13. Consideration and possible action to award a Professional Services Agreement to the most responsible bidder for custodial /janitorial services for several City of El Segundo Facilities. (Fiscal Impact: To Be Determined) _ Recommendation — 1) Award a Professional Services Agreement to the contractor determined to be the most responsible bidder for City of El Segundo Building Facilities; 2) Alternatively, discuss and take other action related to this item 14. Consideration and possible action to authorize the City Manager to execute an agreement, in a form approved by the City Attorney, with NRG to promote the Sustainable El Segundo energy conservation program. (Fiscal Impact: None) Recommendation — 1) Authorize the City Manager to execute an agreement between the City and NRG in a form approved by the City Attorney for the promotion of the Sustainable El Segundo program; 2) Alternatively, discuss and take other action related to this item 7 15. Consideration and possible action to adopt a resolution pursuant to Public Contracts Code § 20168 finding that an emergency exists within the City and authorizing the City Manager to execute a contract in a form approved by the City Attorney with Best Contracting Services to repair the Police Department roof without the need for bidding in accordance with Public Contracts Code § 22050. (Fiscal Impact: $7,950.00) Recommendation — 1) Consider adopting a Resolution finding that an emergency exists and waiving bidding requirements pursuant to Public Contracts Code § 20168 and § 22050; 2) Authorize the City Manager to execute a standard public works contract, in a form approved by the City Attorney, with Best Contracting Services for the repair of the Police Department roof; 3) Alternatively, discuss and take other action related to this item F. NEW BUSINESS 16. Consideration and possible action regarding approval of a revised Residential Sound Insulation (RSI) Program map and a status report on the City's RSI Program. Fiscal Impact: None) Recommendation — 1) Approve a revised Residential Sound Insulation (RSI) Program map; 2) Alternatively, discuss and take other action related to this item G. REPORTS — CITY MANAGER H. REPORTS — CITY ATTORNEY I. REPORTS — CITY CLERK J. REPORTS — CITY TREASURER K. REPORTS — CITY COUNCIL MEMBERS Council Member Fellhauer - Council Member Atkinson — Council Member Fisher — 17. Consideration and possible action to adopt a resolution supporting the Earned Income Tax Credit EITC and the Volunteer Income Tax Assistance program. (Fiscal Impact: None) Recommendation — 1) Adopt the attached resolution; 2) Alternatively, discuss and take other action related to this item. Mayor Pro Tern Fuentes — Mayor Jacobson — 18. Consideration and possible action regarding the annual request of Mr. S. Claus for variances from the Municipal Code. (Fiscal Impact: None) Recommendation — 1) Approve the request by Mr. S. Claus for a waiver of the permits required for doing business within the City of El Segundo; 2) The use of air rights and waiver of the Santa Monica Radial 160 R procedure; 3) Grant a free business license for a non - profit organization; 4) Waiver of the Noise Ordinance to permit the sound of bells; 5) Waiver of the Trespass Ordinance including dealing with trespassing animals; 6) Waiver of the ordinance on Animal Regulations; 7) Alternatively, discuss and take other action related to this item. 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 seg.) for the purposes of conferring with the City's Real Property Negotiator; and /or conferring with the City Attorney on potential and /or existing litigation; and /or discussing matters covered under Government Code Section §54957 (Personnel); and /or conferring with the City's Labor Negotiators. REPORT OF ACTION TAKEN IN CLOSED SESSION (if required) 9 ADJOURNMENT POSTED: DATE: I off-- 19-- 1 a. TIME: NAME: �f 10 10 EL SEGUNDO CITY COUNCIL MEETING DATE: December 18, 2012 AGENDA STATEMENT AGENDA HEADING: Special Orders of Business AGENDA DESCRIPTION: Consideration and possible action to amend El Segundo Municipal Code ( "ESMC ") § 4 -8 -8 to allow fees relating to entertainment permits to be adopted by City Council resolution and adopting a resolution establishing an entertainment permit fee. Applicant: City of El Segundo (Fiscal Impact: $3,505) RECOMMENDED COUNCIL ACTION: It is recommended that the City Council: 1. Open Public Hearing; 2. Discussion; 3. Introduce and waive first reading of an ordinance amendment to ESMC § 4 -8 -8 to allow fees required for an entertainment permit to be adopted by City Council resolution; 4. Adopt a resolution establishing a new fee to recover costs associated with issuing entertainment permits. The resolution would become effective at the same time as the ordinance amending ESMC § 4 -8 -8; 5. Schedule second reading and adoption of the ordinance amendment on January 15, 2013; and /or 6. Alternatively, discuss and take other possible action related to this item. ATTACHED SUPPORTING DOCUMENTS: 1. Draft Ordinance 2. Draft Ordinance (strike -out underline version) 3. Draft Resolution 4. Cost Allocation and Fee Study Analysis 5. Flow Charts of Existing and Proposed Processes for New Entertainment Permits and Renewal of Entertainment Permits FISCAL IMPACT:$3,505 Amount Budgeted: N/A Additional Appropriation: N/A Account Number(s): N/A ORIGINATED BY: Kimberly Christensen, AICP, Planning Manager REVIEWED BY: Sam Lee, Planning and Buildmi Safety Director APPROVED BY: Greg Carpenter, City Manager 1 11 BACKGROUND AND DISCUSSION: The City and various organizations and businesses convened a Downtown El Segundo Code Review Committee to discuss zoning issues in Downtown. One of the topics discussed was the cost of Entertainment Permit Fees. Businesses expressed the opinion that the $800 annual fee for Entertainment Permits discourages downtown businesses from providing entertainment and thus limiting the customer traffic to downtown. The committee discussed differentiating the fee structure between new Entertainment Permit applications and renewals. The current Entertainment Permit Fee was adopted by City Council Resolution No. 4574 at its October 21, 2008 meeting. The Resolution adopted the fee study performed by the Revenue & Cost Specialist LLC which provides the justification of the current fee based on estimated hours of providing administrative services to process Entertainment Permits, the staffing needed to perform the services, and the cost of labor and overhead. The study made no distinction between the fee charged for new application and the required annual renewals. The fee is currently $800 and is the same for new and renewed Entertainment Permits. At the time of adoption of the Resolution, the City inadvertently did not amend ESMC § 4 -8- 4(A) that set the fee for Entertainment Permits. ESMC § 4- 8- 4(A)(1) established a rate of $200 for new entertainment permit applications and ESMC § 4- 8- 4(A)(2) established a rate of $100 for renewals, amounts that were set when the Ordinance was adopted in 1988. The proposed amendment would eliminate the fees being listed in the ESMC and allow the City Council to adopt new fees by Resolution. The fees would address the full cost recovery of administering the Entertainment Permits. Based on the cost study performed by staff and simplification of the staff review process discussed in detail below, the cost of processing entertainment permit application renewals would be lower than the cost of processing new entertainment permit applications. Therefore, two separate fees are proposed to be established. Pursuant to El Segundo Municipal Code (ESMC) Chapter 4 -8, permits are required for businesses that offer the following activities within its property that is defined by the ESMC as "Entertainment ": act, play, pantomime, scene, dance, act, song, dance act, dancing, and fashion and style show. Entertainment Permits are issued to approximately ten businesses a year, almost all of which are renewals. Approximately one new entertainment permit application is approved each year and one business declines to renew entertainment permit. Out of the 9 Entertainment Permits issued for 2012, three are located in the Downtown area, three are located in Plaza El Segundo one is located in Smoky Hollow, and two are located at hotels, namely the Embassy Suites and Hacienda Hotel. Live music is the entertainment activity permitted for all the current Entertainment Permits. The Planning and Building Safety Department is the lead department in the administration and issuance of Entertainment Permits. The Planning and Building Safety Department consults with the El Segundo Police Department to investigate the property and business owners as required by the Entertainment Ordinance for new and renewal applications for Entertainment Permits. The Planning and Building Safety Department initiated a reassessment of its Entertainment Permit processing procedures that would lead to the reduction of administrative cost and consequently lower the fees by simplifying the process. The new procedure would place the responsibility of processing the renewal permits on an Assistant Planner, which would reduce the 12 labor costs and time spent on these permits. New Entertainment Permit applications will also benefit slightly from reduced labor costs and time savings due to the adoption of new procedures. However, new Entertainment Permit applications require more involved research of building permits and planning entitlement history than a typical renewal application. Therefore, the cost of processing new permits is higher than renewals and the fees will be differentiated accordingly. Based upon the revisions to the internal processing of new Entertainment Permits and the renewal of Entertainment Permits, staff has determined that the costs associated with processing these applications is $778.73 for new Entertainment Permits and $302.88 for renewal of Entertainment Permits (see attached Exhibit 4 Cost Allocation and Fee Study Analysis). Planning staff proposes that the fees for new Entertainment Permits be $778.00 and the fees for renewal of Entertainment Permits be $302.00. RECOMMENDATION AND CONCLUSION: Staff recommends implementing the new Entertainment Permit fee structure that would address the full cost recovery of administering the Entertainment Permits pursuant to the revised staff review process. Staff recommends that Council adopt the proposed Ordinance to amend ESMC § 4 -8 -4 to allow the City Council to adopt new Entertainment Permit fees by Resolution and to approve a Resolution to establish a new fee schedule for Entertainment Permits and Entertainment Permit renewals with annual increases in the Entertainment Permit fee schedule based on the BLS CPI -U index. Should the Council introduce the Ordinance to amend ESMC § 4 -8 -4 to allow the City Council to adopt fees by Resolution and approve the corresponding Resolution to establish the fees, the Ordinance would be scheduled for the next regularly scheduled Council meeting on January 15, 2013 for adoption. Should the Council adopt the Ordinance at the Council meeting on January 15, 2013 the new fees would become effective on February 16, 2013. PAPlanning & Building Safety \0 Planning - Old\PROJECTS (Planning)\976- 1000 \990 \990 Entertainment Permits.CC sr.doc 13 ORDINANCE NO. AN ORDINANCE AMENDING EL SEGUNDO MUNICIPAL CODE (ESMC) § 4 -8 -8 REGARDING RECOVERING ADMINISTRATIVE COSTS ASSOCIATED WITH ISSUING ENTERTAINMENT PERMITS. The City Council of the city of El Segundo does ordain as follows: SECTION 1: ESMC § 4 -8 -4 is amended to read as follows: "4 -8 -4: WRITTEN APPLICATIONS REQUIRED; FEES: A. Filing Of Application; Payment Of Fee: An application for an entertainment permit or renewal of such permit must be filed in writing, filed with the City, on forms provided by the City and be accompanied by an application fee established by city council resolution. B. Fee Nonrefundable; Verification Of Application: The application fee required by this Section is established to cover part of the cost of the investigation and processing of applications and is not refundable." SECTION 2: This Ordinance is exempt from review under the California Environmental Quality Act (Pub. Res. Code §§ 21000, et seq.; "CEQA ") and CEQA regulations (Cal. Code Regs. tit. 14 §§ 15000, et seq.) because it establishes, modifies, structures, restructures, and approves rates and charges for meeting operating expenses; purchasing supplies, equipment, and materials; meeting financial requirements; and obtaining funds for capital projects needed to maintain service within existing service areas. This Ordinance, therefore, is categorically exempt from further CEQA review under Cal. Code Regs. tit. 14, § 15273. SECTION 3: If any part of this Ordinance or its application is deemed invalid by a court of competent jurisdiction, the city council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Ordinance are severable. SECTION 4: The City Clerk is directed to certify the 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. Page 1 14 SECTION 5: This Ordinance will become effective on the thirty -first (31st) day following its passage and adoption. PASSED AND ADOPTED this day of 2012. Carl Jacobson, Mayor ATTEST: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO I, Tracy Sherrill 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 . 2013, and the same was so passed and adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: Tracy Sherrill Weaver, City Clerk APPROVED AS TO FORM: Mark D. Hensley, City Attorney Karl H. Berger, Assistant City Attorney PAPlanning & Building Safety \Planning \PROJECTS (Planning) \976 - 1000 \EA - 990 \CC 12.18.12 \EA -990 Entertainment Permits Ordinance.clean.doc Page 2 15 ORDINANCE NO. AN ORDINANCE AMENDING EL SEGUNDO MUNICIPAL CODE (ESMC) § 4 -8 -8 REGARDING RECOVERING ADMINISTRATIVE COSTS ASSOCIATED WITH ISSUING ENTERTAINMENT PERMITS. The City Council of the city of El Segundo does ordain as follows: SECTION 1: ESMC § 4 -8 -4 is amended to read as follows: "4 -8 -4: WRITTEN APPLICATIONS REQUIRED; FEES: A. Filing Of Application; Payment Of Fee: An application for an entertainment permit or renewal of such permit slaaRmust be in writing, filed with the 'i" a-uth Cam, shall be On wFi+ing, on forms provided by the City, shall be in dupl+eate, and shall be accompanied by then =r� application fee feF each pnr�,i+ Fequi established by city council resolution. B. Fee Nonrefundable; Verification Of Application: The application fee required by this Section is established to cover part of the cost of the investigation and processing of applications and is not refundable. "Any s E ;h applicate„- shall -be verified c duke fnr the yerific-a of plead+rg� SECTION 2: This Ordinance is exempt from review under the California Environmental Quality Act (Pub. Res. Code §§ 21000, et seq.; "CEQA ") and CEQA regulations (Cal. Code Regs. tit. 14 §§ 15000, et seq.) because it establishes, modifies, structures, restructures, and approves rates and charges for meeting operating expenses; purchasing supplies, equipment, and materials; meeting financial requirements; and obtaining funds for capital projects needed to maintain service within existing service areas. This Ordinance, therefore, is categorically exempt from further CEQA review under Cal. Code Regs. tit. 14, § 15273. SECTION 3: If any part of this Ordinance or its application is deemed invalid by a court of competent jurisdiction, the city council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Ordinance are severable. SECTION 4: The City Clerk is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City of El Segundo's book of original Page 1 W. 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 5: This Ordinance will become effective on the thirty -first (31st) day following its passage and adoption. PASSED AND ADOPTED this day of _ 2012. Carl Jacobson, Mayor ATTEST: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I, Tracy Sherrill 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 , 2013, and the same was so passed and adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: Tracy Sherrill Weaver, City Clerk APPROVED AS TO FORM: Mark D. Hensley, City Attorney Karl H. Berger, Assistant City Attorney PAPlanning & Building Safety \Planning \PROJECTS (Plan ning) \976 - 1000 \EA- 990\CC 12.18.12 \EA -990 Entertainment Permits Ordinance.strike - out.doc Page 2 17 RESOLUTION NO. A RESOLUTION ADOPTING A NEW FEE IN ACCORDANCE WITH EL SEGUNDO MUNICIPAL CODE § 4 -8 -8 FOR RECOVERING ADMINISTRATIVE COSTS RESULTING FROM ISSUING ENTERTAINMENT PERMITS. The City Council of the City of El Segundo does resolve as follows: SECTION 1: The City Council finds as follows: A. The City Council may establish fees for services under various provisions of California including, without limitation, Business & Professions Code § 16000; Government Code §§ 36936.1, 43000, 54344, 65104, 65456, 65874, 65909.5, 65943, 66013, 66014, 66451.2; and Health and Safety Code §§ 510, 175951, 17980.1, 19852. B. Pursuant to Government Code § 66016, the City made data available regarding the cost, or estimated cost, of providing services for various fees ten (10) days before the public hearing held on December 18, 2012. C. On December 18, 2012 the City Council heard public testimony and considered evidence in a public hearing held and noticed in accordance with Government Code § 66016. D. At the recommendation of the City's Department of Planning and Building Safety and the City Manager, the City Council believes that it is in the public interest to establish the recommended fee for Entertainment Permit to recover the costs of the review and issuance of Entertainment Permits. SECTION 2: Pursuant to ESMC § 4 -8 -8, the Fees, attached as Exhibit "A" and incorporated into this Resolution as fully set forth, are approved and adopted. These fees may be added to the City's Master Fee Schedule for ease of reference. SECTION 3: Unless otherwise revised, the fees established by this Resolution will be automatically adjusted on an annual basis at the beginning of each fiscal year based on the average percentage change of the previous calendar year to the City's costs for administering the services set forth in Exhibit "A ". The first fee adjustment cannot be made before a minimum of ten (10) months after the effective date of this Resolution. SECTION 4: This Resolution is exempt from review under the California Environmental Quality Act (Pub. Res. Code §§ 21000, et seq.,; "CEQX) and CEQA regulations (Cal. Code Regs. tit. 14 §§ 15000, et seq.) because it establishes, modifies, structures, restructures, and approves rates and charges for meeting operating expenses; purchasing supplies, equipment, and materials; meeting financial requirements; and obtaining funds for capital projects needed to maintain service within existing service Page 1 of 3 18 areas. This Resolution, therefore, is categorically exempt from further CEQA review under Cal. Code Regs. tit. 14, § 15273. SECTION 5: Pursuant to Government Code § 66017, all fees related to the Planning and Building Safety Department set forth in this Resolution will become effective on , 2013 and will remain effective unless repealed or superseded. SECTION 6: The City Clerk will certify to the passage and adoption of this Resolution; will enter the same in the book of original Resolution of said City; and will make a minute of the passage and adoption thereof in the record of proceedings of the City Council of said City, in the minutes of the meeting at which the same is passed and adopted. PASSED AND ADOPTED this day of 2013. Carl Jacobson, Mayor ATTEST: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I, Tracy Sherrill 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 day of , 2013, and the same was so passed and adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: Tracy Sherrill Weaver, City Clerk APPROVED AS TO FORM: MARK D. HENSLEY, City Attorney Karl H. Berger, Assistant City Attorney Page 2 of 3 19 EXHIBIT A ENTERTAINMENT PERMIT FEES NEW ENTERTAINMENT PERMIT ENTERTAINMENT PERMIT RENEWAL $778.00 $302.00 PAPlanning & Building SafetyNO Planning - OWNPROJECTS (Planning)1976- 100019901990 Entertainment Permit Fees.CCReso.dac Page 3 of 3 20 COST ALLOCATION AND FEE STUDY ANALYSIS Service Reference No Entertainment Permit — New Application S -055 Note: Unit Costs are an Average of Total Units Total Units 1 Department Position Unit Time Unit Cost Annual Total Cost (Unit cost (Hrs) (Hourly x Unit Units x Annual Units) Time)_ Planning Assistant 4.0 _ $489.19 1 $489.19 Planner Office 0.25 $21.65 1 _ $21.65 Specialist Police Planning 1.0 $252.92 1 $252.92 Manager Police Records Total (Sum of Unit Cost) 0.10 $14.98 1 $14.98 Applications Supervisor Time): 2.6 hrs. $302.88 Total (Sum Total (sum of unit Cost) Total Cost of All $302.88 is the Cost per Renewal Application of Unit Time) Applications 5.35 hrs $778.73 $778.73 $778.73 is the Cost per New Application Service Reference No Entertainment Permit — Renewal S -055 Note: Unit Costs are an Average of Total Units Total Units 9 Department Position Unit Time Unit Cost Annual Total Cost (Unit Cost (Hrs) (Hourly x Unit Units x Annual Units) Time) Planning Assistant 2.0 $244.59 9 $2,201.31 Planner Office 0.5 $43.31 9 $389.79 Specialist Police Records 0.10 $14.98 9 $134.82 Supervisor Total (Sum Total (Sum of Unit Cost) Total Cost of All of Unit Applications Time): 2.6 hrs. $302.88 $2,725.92 $302.88 is the Cost per Renewal Application 21 fl LAj ro HE ss ul ul c RIP 9 22 12 r HE ss ul ul c RIP 9 22 22 � } : ] �)) bj Ej 23 I O 42 u 9:L Q Le ei za Li 4w '93 -mc O."a V E I EP A , kq tl -E 4) • M 24 EL SEGUNDO CITY COUNCIL MEETING DATE: December 18, 2012 AGENDA ITEM STATEMENT AGENDA HEADING: Public Hearing AGENDA DESCRIPTION: Consideration and possible action regarding the adoption of a temporary plan check and permit surcharge to design and construct the City's One -Stop Permit Center for residential and non- residential permits. (Fiscal Impact: None) RECOMMENDED COUNCIL ACTION: 1. Open the public hearing; 2. Receive public testimony regarding the new temporary permit surcharge; 3. Close the public hearing; 4. Adopt a resolution establishing the proposed temporary plan check/permit surcharge; and 5. Alternatively, discuss and take other action related to this item. ATTACHED SUPPORTING DOCUMENTS: 1. Draft Temporary Surcharge Resolution FISCAL IMPACT: None Amount Budgeted: N/A Additional Appropriation: N/A Account Number(s): N/A PREPARED BY: Sam Lee, Director of Planning and Building Safety REVIEWED BY: Sam Lee, Director of Planning wid Building Safety APPROVED BY: Greg Carpenter, City Manager BACKGROUND & DISCUSSION: This item is a follow up to the council meeting on November 6, 2012. The council had asked staff to provide an overview of the temporary surcharge necessary to cover the cost of design and construction of the El Segundo One -Stop Permit Center. Staff has completed the estimates and is seeking council's direction. The Planning and Building Safety Department proposed construction of a permit center for several years. This project, however, was deferred due to budget concerns. The current permit service area is quite old and interferes with the City's ability to provide efficient service. Two main obstacles that prevent staff from providing better service to our customers are the fact that the City's departments are physically located in different areas and the lack of meeting rooms where staff and the applicant can meet to resolve development related issues. The proposed 4% temporary surcharge on building plan check and permit fees for the next five years would pay for the new permit center. Staff anticipates collecting approximately $100,000 a year in order to collect the $500,000 necessary to build the center. This money will be used to design/construct the center and provide computers and other related equipment to support it. 2 25 When completed, applicants will be able to go to one place to resolve any development related issues with the city. Adaptable and expandable conference rooms will allow applicants to meet with some or all of the departments at once. There will be technological solutions so that applicants can have on -line meetings with people from anywhere in the world. The Department believes that allowing applicants to go to a single point of contact to receive seamless customer service across multi - departments, and walk away with a roadmap of their customized development process at the City's One -Stop Permit Center will improve public services. Staff from the following departments will be co- located at the Permit Center: • Planning • Building and Safety • Fire Prevention (part time) • Finance • Public Works • Police (part time) Recreation and Parks (part time) From the City's perspective, the One -Stop Permit Center will be a huge asset to the City's Economic Development efforts. Staff from multi - departments will be working and cross - training each other. With time, specialized staff will be able to do more and have better understanding of the overall process. If approved, city of El Segundo's new One -Stop Permit Center could be completed in 18 months. Design and construction plans would be completed by fall of 2013. Construction is estimated to be completed by summer of 2014. Figures and schedules provided in this staff report are only estimates. If the actual cost and timelines are different, staff will be back to the council to make appropriate adjustments. Staff recommends that Council adopt the resolution and move forward to implement the new temporary permit surcharge and allow the City to develop a plan to build the One -Stop Permit Center and improve customer service. 26 RESOLUTION NO. A RESOLUTION ADOPTING A TEMPORARY SURCHARGE OF FOUR PERCENT (4 %) ON ALL BUILDING SAFETY PLAN CHECK AND PERMIT FEES TO CONSTRUCT PERMIT CENTER. The City Council of the City of El Segundo does resolve as follows: SECTION 1: The City Council finds as follows: A. The City Council may establish fees for services under various provisions of California including, without limitation, Business & Professions Code § 16000; Government Code §§ 36936.1, 43000, 54344, 65104, 65456, 65874, 65909.5, 65943, 66013, 66014, 66451.2; and Health and Safety Code §§ 510, 175951, 17980.1, 19852. B. Pursuant to Government Code § 66016, the City made data available regarding the cost, or estimated cost, of providing services for various fees ten (10) days before the public hearing held on December 18, 2012. C. On December 18, 2012 the City Council heard public testimony and considered evidence in a public hearing held and noticed in accordance with Government Code § 66016. D. At the recommendation of the City's Department of Planning and Building Safety and the City Manager, the City Council believes that it is in the public interest to establish the recommended surcharge on all building safety plan check and permit fees in order to construct a new "one- stop" permit center within City Hall. SECTION 2: The Fee, attached as Exhibit "A" and incorporated into this Resolution as fully set forth, is approved and adopted. This fee may be added to the City's Master Fee Schedule for ease of reference. SECTION 3: This Resolution is exempt from review under the California Environmental Quality Act (Pub. Res. Code §§ 21000, et seq.; "CEQX) and CEQA regulations (Cal. Code Regs. tit. 14 §§ 15000, et seq.) because it establishes, modifies, structures, restructures, and approves rates and charges for meeting operating expenses; purchasing supplies, equipment, and materials; meeting financial requirements; and obtaining funds for capital projects needed to maintain service within existing service areas. This Resolution, therefore, is categorically exempt from further CEQA review under Cal. Code Regs. tit. 14, § 15273. SECTION 4: Pursuant to Government Code § 66017, all fees set forth in this Resolution will become effective on February 16, , 2013 and will remain effective until February 16, 2018 unless repealed or superseded before that date. Page 1 of 3 27 SECTION 5: The City Clerk will certify to the passage and will enter the same in the book of original Resolution of minute of the passage and adoption thereof in the recorc Council of said City, in the minutes of the meeting at whi adopted. ATTEST: adoption of this Resolution; said City; and will make a of proceedings of the City ;h the same is passed and PASSED AND ADOPTED this day of STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF EL SEGUNDO Carl Jacobson, Mayor SS 2012. 1, Tracy Sherrill 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 day of 2012, and the same was so passed and adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: Tracy Sherrill Weaver, City Clerk APPROVED AS TO FORM: MARK D. HENSLEY, City Attorney Karl H. Berger, Assistant City Attorney Page 2 of 3 W* EXHIBIT A PROPOSED TEMPORARY FEE SCHEDULE TO BUILD A PERMIT CENTER Page 3 of 3 29 W W LL J H 0 M W O CL O m CL Z W rr fr D U W J D 0 W U U) W W W 0 L zH LL 5 W F WLL ¢ jr rn w J od d LL z z O 0 � p p U m m w U_ > W U) 0 0 0 0 0 0 0 0 00000000 40000000 N O N O O O O O �fHN (0000 > V3 60 l0 O > fA fA O > > N N O_ O O O > > O O 0 0 0 0 0 0 U O O O O 0 L fo Q% O U L ='60 6" r O (U U U L L 69 4 O N 0 (C L P- O d N OM O w 0) ++ q N V O N m fs fH fR N N + n + +� �rrncornr-- + (n rr n � Vi N I` 00 r N It 4& O (O ca N co 64 o a a Mee ro-csaarororoa ro-csvTSroarsro ¢¢a¢¢¢¢¢ O 0 0 00 0 0 0 0 0 0 0 0 0 0 O (0000000 It (a N (O O O O O � N U3 N o 0 0 0 > W. 61) LO O O > N N r O O > > N N O 0 O O > > O O 000000 U C _ 0 0 0 C13 iq O) -6 61). ffl O L L 6!1 6T r O (C U U L L fH 0 0 O N (OC L 01 w O N N - O O ++ 000 N (D O 7 r O n fA OD O N 64 r 69 + It (D + + O N c +(a n O N O) O + fR N Dj co N 0 m r` O N °aitry m M 00 64 O EA C C ,O C O C O !P3 > C O .� 7 = O i� CO c o 0? m> o? 2 0 7 >> 0 0 0> Q 0 0 0 0 0 w M> 00 0 0° 00 0 O Z (00 O N 6s 6 ' �' 0 O ff} N O 0 o °000in O O O C (00 N N LO 0 (00 > m D Vf 6S CS 69 X613, 0 <,-E E E E E E E E warLaaaarLa. p o)v rno)rnv,rnrn C C C C C C C C U) a o a v W 7 7 0 7 7 0 7 7 Zmmmmmmmm O z o (D O o 0 0 0 (n0000o0 O N 0 0 0 0 0 4a (D ff}N 000 > 69,69 O O O N 6D 69 o O O O O > > O O O > 000000 L.) 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Plumbing $ 102.00 $ 4.08 $ 106.08 In- Ground Spa - Plumbing $ 34.00 $ 1.36 $ 35.36 Commercial/ Multi - Family Permit Fee Plumbing Fixtures /vents $ 14.00 $ 0.56 $ 14.56 Repair or Alteration o or ven Piping $ 34.00 $ 1.36 $ 35.36 Grease Interceptor $ 102.00 $ 4.08 $ 106.08 water lines up to (multi Family Residential) - per dwelling unit $ 45.00 $ 1.80 $ 46.80 epipe - lVium anii y Hesiciential (per dwelling unit) $ 68.00 $ 2.72 $ 70.72 Backflow Protection Device greater than 6" $ 204.00 $ 8.16 $ 212.16 as System installation tUP10 b outlets) cost per outlet $ 68.00 $ 2.72 $ 7G.72 as bystem Installation over b outlets) cost per outlet $ 14.00 $ 0.56 $ 14.56 Water Heater $ 34.00 $ 1.36 $ 35.36 Solar Water Heating system $ 68.00 $ 2.72 $ 70.72 Sewer line: 0 -25 linear feet $ 34.00 $ 1.36 $ 35.36 Sewer line: each additional 100 linear feet $ 34.00 $ 1.36 $ 35.36 Earthquake Valve $ 68.00 $ 2,72 $ 70.72 Pool /Spa Heater 1 $ 34.001 $ 1.36 $ 35.36 Applies To All Permit Types Permit Fee Permit Issuance $ 34.00 $ 1.36 $ 35.36 Miscellaneous $ 68.00 $ 2.72 $ 70.72 Reinspections $ 175.00 $ 7.00 $ 182.00 After Hours Inspection (4 hour minimum) $ 515.00 $ 20.60 $ 535.60 Overtime Hourly Rate is 120T. of the Regular Hourly Rate $ 210.00 $ 8.40 $ 218.40 33 Trade plan check and permits MECHANICAL PERMITS Residential (SFD) Permit Fee Proposed Surcharge (Add 4% New Total Fee Forced -Air or Gravity -Type Furnace or Fuel Burning Applianpp $ 28.50 $ 1114 $ 29.64 $ 3736 Floor Furnace - Installation or Relocation $ 22.50 $ 0.90 $ 23.40 $ 70.72 Suspended /Recessed Wall /Floor Mounted Heater - / $ 45.00 $ 1.80 $ 46.80 ' $ 182.00 Fireplace $ 45.00 $ 1.80 $ 46.80 0 -15 HP or 0- 500,000 Btu /h Appliance Vents per each Inlet/Outlet $ 8.00 $ 0.32 $ 8.32 15 -30 HP or 500,001- 1,000,000 Btu /h Air inlet/outlet $ 3.00 0,12 $ 3.12 30 -50 HP or 1,000,001- 1,750,000 Btu /h Air Handling Unit $ 34.00 $ 1.36 $ 35.36 50+ HP or 1,750,001+ Btu /h VAV'S (Variable Air Volumn) $ 16.00 $ 0.64 $ 16.64 Incinerator /Kiln Single Register Ventilation Fan $ 11.00 0.44 $ 11.44 Alteration to Duct Work not otherwise noted Independent Venting System $ 45.00' , $ 1.80 $ 4.6.80 Smoke /Fire damper condensate pumps, float switches $ 30.00 $ 1.20 $ 31.20 Commercial/ Multi- Family Permit Fee Permit Fee Fuel Burning Appliance $ 57.00 $ 2.28 $ 59.28 $ 3736 VAV'S (Variable Air Volumn) $ 16.00 $ 0.64 $ 16.64 $ 70.72 Hood served by Mechanical Exhaust $ 68.00 $ 2.72 $ 70.72 $ 182.00 Boilers, Compressors, and Absorption Systems, Air Handling units After Hours Inspection (4 hour minimum) $ 515.00 $ 20.60 0 -15 HP or 0- 500,000 Btu /h $ 68.00 $ 2.72 $ 70.72 $ 8,40 15 -30 HP or 500,001- 1,000,000 Btu /h $ 102.00 $ 4.08 $ 106.08 30 -50 HP or 1,000,001- 1,750,000 Btu /h $ 136.00 $ 5.44 $ 141.44 50+ HP or 1,750,001+ Btu /h $ 170.00 $ 6.80 $ 176.80 Incinerator /Kiln $ 68.00 $ 2.72 $ 70.72 Alteration to Duct Work not otherwise noted $ 12.00 $ 0.48 $ 12.48 Smoke /Fire damper $ 10.00 $ 0.40 $ 10.40 Applies To All Permit Types Permit Fee Permit Issuance $ 34.00 $ 1.36 $ 3736 Miscellaneous $ 68.00 $ 2.72 $ 70.72 Reinspections $ 175.00 $ 7.00 $ 182.00 After Hours Inspection (4 hour minimum) $ 515.00 $ 20.60 $ 535.60 L 210.00 $ 8,40 1 $ 218.40 34 Trade plan check and permits V ELECTRICAL PERMITS _ Residential (SFD) Permit Fee Proposed Surcharge (Add IVO New Total Fee Appliance( fixed), up to 5 hp $ 17.00 0.68 $ 17,68 Main Services and sub panels - up to 400 amps $ 34.00 $ 1.36 $ 35.361 - Residential Receptacles, Switches, Thermostat, -mQke dotectors. an Liahtina outlet $ 4.00 $ 0.16 $ 4.16 greater than 10 $ 2.50 $ 010 $ 2.60 Temporary Power Pole $ 45.00 $ 1.80 $ 46,80 Branch Circuits (Temporary or Future) $ 60.00 $ 2.40 $ 62.40 I Commercial/ Multi - Family Permit Fee Non - Residential Appliances, up to 5 hp $ 34.00 $ 1.36 $ 35.36 Electrical Sign $ 68.00 $ 2.72 $ 70.72 Power Apparatus Ratin 9s in HP, KW, KVA, or KVA R) Transformers, motors Up to 100 KVA $ 45.00 $ 1.80 $ 46,80 Greater than 100 KVA $ 136.00 $ 5.44 $ 141.44 Temporary Power Pole $ 45.00 $ 1.80 $ 46.80 Services, Switchboards, Control. Centers, Standing Section & Panels up to 600 volts or 400 amps $ 68.00 2.72 $ 70.72 Over 401 amps $ 102.00 $ 4,08 $ 106.08 greater than 600 volts $ 136.00 $ 5.44 $ 141.444 ecep ac e, bwitch, Lighting fixture, Thermostat an Lighting Outlet, and Smoke Detectors per fixture (1 - rnrnmPririal $ 7.00 $ 0.28 $ 7.28 Greater than 10 $ 2.50 $ 0.10 $ 2.60 Pole or Platform Mounted Fixtures, per fixture $ 23.00 $ 0.92 $ 23.02 Swimming Pool - Electrical $ 136.00 $ 5.44 $ 141.44 Meter Change $ 45.00 $ 1.80 $ 46.80 Electrical Duct Bank (per lin ft) $ 60.00 $ 2.40 $ 62.40 Branch Circuits (Temporary or Future) $ 60.00 $ 2.40 $ 62.40 Miscellaneous Conduits and Conductors (per 100 lip, ear feet) $ 34.00 $ 1.36 $ 35.36 I I Applies To All Permit Types Permit Fee Permit Issuance $ 34.00 $ 1.36 $ 35,36 Miscellaneous electrical $ 68.00 $ 2.72 $ 70.72 _ Reinspections $ 175.00 $ 7.00 $ 182.00 After Hours Inspection (4 hour minimum) $ 515.00 $ 20.60 $ 535.60 Overtime Hourly Rate is 120% of the Regular Hourly Rate $ 210:00 $ 8.40 $ 218.40 35 EL SEGUNDO CITY COUNCIL MEETING DATE: December 18, 2012 AGENDA STATEMENT AGENDA HEADING: Special Order of Business - Public Hearing AGENDA DESCRIPTION: Consideration and possible action regarding (Public Hearing) the proposed project and budget for the FY 2013/14 Community Development Block Grant (CDBG) Program Year. Estimated CDBG budget allocation for Program Year 2013 -2014 is approximately $53,767. (Fiscal Impact: $53,767). RECOMMENDED COUNCIL ACTION: 1. Open public hearing and take testimony; 2. Close public hearing and discuss item; 3. Adopt the new 2013 -2014 CDBG project and budget; 4. Authorize the City Manager to execute the contracts, in a form approved by the City Attorney, with the Los Angeles County Community Development Commission (CDC); and /or, 5. Alternatively, discuss and take other possible action related to this item. ATTACHED SUPPORTING DOCUMENTS: None. FISCAL IMPACT: $53,767 Amount Budgeted: Total CDBG $53,767 ($53,767 estimated CDBG FY 2013/14) Account Number(s): CDBG Fund 111' , ORIGINATED BY: Kimberly Christensen, AICP, Planning Mana ger REVIEWED BY: Sam Lee, Director of Planning and Building Safety APPROVED BY: Greg Carpenter, City Manager BACKGROUND AND DISCUSSION: Each year, Community Development Block Grant (CDBG) funds are allocated to cities by the Federal Housing and Urban Development Department (HUD) and administered through the Los Angeles County Community Development Commission (CDC). Participating cities receive funding based upon the total number of cities participating in the County's program, census population counts, estimates of poverty, overcrowding and aged housing stock. Since 1986, the City of El Segundo participated in the annual Los Angeles Urban County's CDBG Program. In order to continue its participation in the upcoming 2013 -2014 Program Year, which begins on July 1, 2013, and ends on June 30, 2014, the City of El Segundo must prepare and submit its proposed CDBG action plan and /or project descriptions to the Los 3 36 Angeles County Community Development Commission (CDC) by January 31, 2013, for review and approval. Pursuant to Federal requirements, notice of this public hearing was posted in public buildings within the City. Federal requirements also mandate that as part of the hearing, the Council and public be informed of the range of eligible housing and community development activities that may be funded under the CDBG program. Interested persons may obtain a copy of the Federal eligibility guidelines, available at the City of El Segundo's Department of Planning and Building Safety, during regular business hours. Proposed CDBG Proiects and Budgets The proposed 2013 -2014 CDBG allocation for the City of El Segundo is approximately $53,767; a decrease of $7,900 from 2012 -2013 levels. The decrease is due to federal entitlement program funding reductions, and 2010 census and poverty data released through the United States Census Bureau. This proposed CDBG allocation is a planning estimate only; the Los Angeles County Community Development Commission (CDC) will release final appropriations in Spring 2013. The City's final CDBG allocation is generally within 10% of the estimate provided. Proposed CDBG Action Plan for 2013 -2014 For the past three (3) consecutive years and on several occasions within the previous ten (10) CDBG program years, the City of El Segundo has successfully exchanged its CDBG monies with another participating city within the Los Angeles Urban County CDBG Program. The City of El Segundo used the revenue received from the CDBG exchange to support public service projects and program administration. The CDBG Public Service and Program Administration projects and the respective funding levels for a total of $71,000 for the current FY 2012 -2013 includes: • Home Delivered Meals (St. Vincent Meals on Wheels) - $23,000 (plus client donations of approximately $10,000) • Senior In -Home Care (Always Right) - $20,000 • Juvenile Diversion (South Bay Children's Health Center )- $14,000 • CDBG Administration - $14,000 On November 1, 2012, the CDC notified all participating cities that due to Congressional criticism, HUD immediately discontinued allowing the exchange or transfer of CDBG funds between cities. As a result, cities may no longer utilize this alternative funding mechanism. Rather, cities may only implement eligible CDBG projects within their respective communities. Before exchanging CDBG funds with other participating cities, the City of El Segundo successfully completed several eligible CDBG public works projects that complied with the Americans with Disability Act (ADA); eliminating architectural barriers that impeded handicapped access to public facilities. More than 300 handicapped accessible sidewalk ramps were installed throughout the City, as well as installation of a handicapped accessible elevator in City Hall and automated doors at City Hall, the Police Department and the Joslyn Center. 2 37 Recommended 2013 -2014 CDBG Projects Staff recommends that CDBG 2013 -2014 Program Year funds be used to implement an eligible ADA handicapped access project. Depending upon the final 2013 -2014 CDBG allocation and cost estimates for the proposed projects, staff recommends proceeding with the installation of ADA accessible automatic doors at the El Segundo Clubhouse (300 East Pine Avenue). If however, project estimates exceed available CDBG funds or CDBG funding reductions are greater than expected, it is recommended that, alternatively, ADA accessible sidewalk ramps at various locations throughout the City be implemented. P.11'lanning & Building Safety\O Planning - New\CDBG\2013 -2014 CDBG I'ROGRAM\2012.12.18.CD13G 2013.14 ccmtg.doc 3 38 EL SEGUNDO CITY COUNCIL MEETING DATE: December 18, 2012 AGENDA STATEMENT AGENDA HEADING: Unfinished Business AGENDA DESCRIPTION: Presentation: Update on efforts to recruit for the vacant office of the City Treasurer and potential action by City Council regarding appointing a person or calling a special election to fill the vacancy. (Fiscal Impact: N /A) RECOMMENDED COUNCIL ACTION: 1. Receive and file presentation; 2. Take action regarding appointing or calling a special election to fill the vacancy in the office of the City Treasurer. 3. Alternatively, discuss and take other action related to this item. ATTACHED SUPPORTING DOCUMENTS: Staff Report from December 4, 2012 Council Meeting FISCAL IMPACT: Amount Budgeted: N/A Additional Appropriation: N/A Account Number(s): N/A ORIGINATED BY: Mickie Tagle, Senior Executive Assistant REVIEWED BY: APPROVED BY: Greg Carpenter, City Manager A` ;Sli3�11J� 1 ` lilt] ITNA MOXIF The former City Treasurer resigned on November 22, 2012 and the City has until January 25, 2013 to either appoint a person to the vacant office or call a special election to fill the vacancy. As was stated in the staff meeting for the December 4, 2012 City Council Meeting, the cost of calling a special election will exceed $60,000 and could exceed $100,000. The City Clerk's Office has still not been able to get an estimate from the County regarding the cost. At the last City Council Meeting, City Council asked Staff to advertise vacant position of City Treasurer and to prepare an application as well as a general description of the duties of the office to provide to residents that may want to consider being appointed as City Treasurer. Staff did prepare such documents and posted the advertisement on the City website on Thursday, December 6, 2012. To -date, December 11, 2012, there are no 4 39 applicants. Staff will provide the Council with copies of the applications received by noon of the day of the Council Meeting by 2:00 p.m. of that day. Based upon the discussion had by the Council during its last meeting, it appeared that the Council wanted to review the number and quality of applicants and then decide how to proceed at the next Council Meeting. 2 40 EL SEGUNDO CITY COUNCIL MEETING DATE: December 4, 2012 AGENDA STATEMENT AGENDA HEADING: New Business AGENDA DESCRIPTION: Consideration and possible action regarding filling the vacancy in the elected office of the City Treasurer based upon former Treasurer Chris Powell's resignation from that office on November 26, 2012. (Fiscal Impact: Unknown at this time) RECOMMENDED COUNCIL ACTION: 1) Discuss potential options and/or potentially take action to fill the vacant City Treasurer position by either appointing a person to fill the position for the remainder of the term (April 2016) or holding a special election in June. 2) Alternatively, discuss and take other action related to this item. ATTACHED SUPPORTING DOCUMENTS: None FISCAL IMPACT: Potential Budget Adjustment Required Amount Budgeted: $0.00 ORIGINATED BY: Mark Hensley, City Attorney JA,D APPROVED BY: Greg Carpenter, City Manager BACKGROUND AND DISCUSSION: On November 26, 2012 the City Clerk's office received a letter of resignation from former Treasurer Chris Powell. Pursuant to Government Code §§ 1750(e) and 1770(c), the resignation creates a vacancy in the elected office of the City Treasurer. The term of office for the vacant position ends in April 21016. Government Code § 36512 provides that, within 60 days of November 26th, the City Council may (1) appoint an eligible elector to fill the vacancy or (2) call for a special election for the voters to fill the vacancy. The special election must take place not sooner than 114 days after calling for the election. The City does not have an estimate at this time as to what the County will charge the City for calling a special election but it is estimated that such cost could well exceed $100,000. The City Attorney's Office and Clerk's Office are reviewing whether the election qualifies for a vote by mail only process which could substantially reduce the costs of the election. The 60 day deadline for taking action to either appoint or call for a special election is January 25, 2013. The next special election that is more than 114 days from the time period within which the Council has to make a decision is June 4, 2013. 4 z5 If the City Council chooses to appoint a person to the vacated office, the City Council could implement an application process or simply vote on persons nominated by Council Members. Any person selected by the City Council must be an eligible elector, i.e., a person must be a City resident and be eligible to vote. A person appointed to office would serve for the remainder of the term (April 2016). Please note that a vote to appoint an individual to the City Council is a majority of the quorum. Accordingly, if only three Council Members are present to vote, two affirmative votes will appoint.) s Martin v. Ballenger (1938) 25 Cal.App.2d 435. 4258 Presentation City of El Segundo Chief of Police, Mitch Tavera, related to City of El Segundo Mass Emergency Notification Systems. 43 EL SEGUNDO CITY COUNCIL MEETING DATE: December 18, 2012 AGENDA STATEMENT AGENDA HEADING: Committees, Commissions and Boards AGENDA DESCRIPTION: Consideration and possible action to open the recruitment process for the positions on the Committees, Commissions and Boards ( "CCBs ") that will expire in the year 2013. (Fiscal Impact: None) RECOMMENDED COUNCIL ACTION: 1. Direct staff to open the recruitment process for the positions on the CCBs, as listed; 2. Alternatively, discuss and take other action related to this item. ATTACHED SUPPORTING DOCUMENTS: CCB Listing of the year 2013 vacancies on Committees, Commission and Boards and Background Information FISCAL IMPACT: Included in Adopted Budget Amount Budgeted: $ None Additional Appropriation: N/A Account Number(s): ORIGINATED BY: Mishia Jennings, Executive Assistant REVIEWED BY: APPROVED BY: Greg Carpenter, City Manage BACKGROUND AND DISCUSSION: Pursuant to Government Code §54972, attached is the Local Appointment List of the positions on Committee, Commissions and Boards that will expire in the year 2013, as well as background information on all CCBs. Application forms, the anticipated vacancies in the year 2013 and the background information list are posted on the City's website at www.elsegundo.or or may be obtained from the Council Office at City Hall or, upon request, will be mailed to interested persons. To apply to any CCB, potential candidates should contact City Hall at 310 -524 -2302, for an application. The deadline for filing applications is 48 hours prior to the posted interview date. Interviews of candidates are set by the City Council when a sufficient number of candidates have applied to a position. Wo 44 CITY OF EL SEGUNDO LOCAL APPOINTMENTS LIST (COMMISSIONS, COMMITTEES, AND BOARDS) Positions to Open in Year 2013 Posted pursuant to Govt Code § 54972 TO APPLY, CONTACT CITY HALL ADMINISTRATION, 310 - 524 -2302 TERM EXPIRES /OPENINGS MAY RECREATION & PARKS COMMISSION: (4 Yr Term — No Term Limit - All Residents) Debbie Bundy (re -apptd 05120109 to 5th full 4 -yr term) Joe Caravello (appt 06120109 to 1St full 4 -yr term) 05/30/13 05/30/13 JUNE ENVIRONMENTAL COMMITTEE: (4 Yr Term — No Term Limit — 2 Residents /2 Business Person /1 ESUSD) Karl Bruskotter (apptd 06120109 to partial full term) 06/30/13 LIBRARY BOARD OF TRUSTEES: (3Yr Term — Max. 2 Term Limit - All Residents) Shelila Henry ( apptd to first full term 06115110) 06/30/13 Kevin Smith ( apptd to first full term 06115110) 06/30/13 PLANNING COMMISSION: (4 Yr Term — No Term Limitation) (All Residents) John Nisley (apptd to partial term 05115112) 06/30/12 SENIOR CITIZEN HOUSING CORPORATION BOARD: (4 Yr Term — No Term Limit - All Residents) Terry Aikens (appted 07117112 to a partial term) Carol Wingate (re -apptd 05/20/09 to 3rd full term) 06/30/13 06/30/13 AUGUST INVESTMENT ADVISORY COMMITTEE: (4 Yr Term - No Term Limitation; 2 Residents or 1 Res /1 Bus. Person + City Treasurer and Director of Finance) Stephen Smetana (apptd 09118112 to a partial term) 08/30/13 OCTOBER EL SEGUNDO COMMUNITY CABLE ADVISORY COMMITTEE: (4 Yr Term — No Term Limit - All Residents) Joseph Pinchuk (re -apptd 06115110 to 4th full term) Geoff Nathanson (apptd 01119110 to 1St full term) 10/31/13 10/31/13 NOVEMBER CAPITAL IMPROVEMENT PROGRAM ADVISORY COMMITTEE: (4 Yr Term — No Term Limit — 2 Business /3 Residents) A.J. Paz (re -apptd 01119110 to 4th full term) 11/30/13 The ECONOMIC DEVELOPMENT ADVISORY COUNCIL does not have term expirations, but from time to time, due to resignations of members, candidates will be asked to apply. Council Approval: Posted: By: Mishia Jennings THIS LIST IS TO REMAIN POSTED ALL YEAR -- DO NOT REMOVE 45 I3 x to R x o ovp A - C a $- gg o o p RL �C 1 w 3 1 r n x P; e � Z m asd Nm ANN V M A 3 on �R 1 2 is 46 CITY OF EL SEGUNDO PAYMENTS BY WIRE TRANSFER 11/23/12 THROUGH 12106/12 Date Payee Amount Description ^ - 11127/2012 Cal Pers 100,358.05 EFT Retirement Misc 11/27/2012 Cal Pers 229,842.67 EFT Retirement Safety 11/27/2012 Health Comp 946.32 Weekly claims 11/28/2012 lane Donovan Golf Ptr 19,007.81 Payroll Transfer 12/4 /2012 Health Comp 838.38 Weekly claims 12/4/2012 Employment Development 18,552.27 State Taxes (holiday sick payout) 12/4/2012 Employment Development 970.10 State Taxes (holiday sick payout) 1214/2012 IRS 86,428.90 Federal Taxes (holiday sick payout) 12/6/2012 Cal Pers 448,075.15 EFT Health 1216/2012 Employment Development 48,122.36 State Taxes 121612012 Employment Development 3,051.78 State Taxes 12/6/2012 IRS 207,959.13 Federal Taxes 11123- 12/8/12 Workers Comp Activity 66,932.44 SCRMA checks issued 1,231,085.36 DATE OF RATIFICATION: 12118M2 TOTAL PAYMENTS BY WIRE: Certified as to the accuracy of the wire transfers by: —)� kot r-� 17- ! t a /I Z. Deputy City Tregsurer Date RL pj, t- i o - D €rector of/Fin#yfice Date "IN ► �` 1,231085.38 Information on actual expenditures is available in the City Treasurer's Office of the City of El Segundo. P:1City Treasure6Wire TransterM201MWire 2012 4th quarterlWire Transfers 12-Ml 2 47 REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, December 4, 2012 — 5:00 PM 5:00 P.M. SESSION CALL TO ORDER — Mayor Jacobson at 5:02 PM 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. Mayor Jacobson announced that Council would be meeting in closed session pursuant to the items listed on the agenda. 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) -1- matter City of El Segundo vs. City of Los Angeles, et. al. LASC Case No. BS094279 CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code §54956.9(b): -0- matter. Initiation of litigation pursuant to Government Code §54956.9(c): -2- matter. MINUTES OF THE REGULAR CITY COUNCIL MEETING December 4, 2012 PAGE NO. 1 al DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957): -0- matter APPOINTMENT OF PUBLIC EMPLOYEE (Gov't. Code § 54957) —0- matter CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957.6): -0- matters CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8): -0- matters Recessed at 6:50 p.m. MINUTES OF THE REGULAR CITY COUNCIL MEETING December 4, 2012 PAGE NO. 2 49 REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, December 4, 2012 - 7:00 P.M. 7:00 P.M. SESSION CALL TO ORDER — Mayor Jacobson at 7:01 PM INVOCATION — John Svendsen, Pastor — First Baptist Church PLEDGE OF ALLEGIANCE — Council Member Fellhauer PRESENTATIONS a). Proclamation read by Council Member Fisher to Karl Jacobs, El Segundo Police Department's RSVP of the Year. b). Proclamation read by Council Member Fellhauer for the opening of Candy Cane Lane on December 8, 2012, accepted by Bob Turnbull. c). Proclamation read by Mayor Jacobson for the Annual Holiday Parade on December 9, 2012, accepted by Julie Warner. d). Commendation read by Mayor Pro Tern Fuentes for the El Segundo Community Christmas Dinner to be held on December 25, 2012, accepted by Mark and Marcia Marion. e). Presentation by Megan Berry, Director of Business, from Muscular Dystrophy Association regarding Fill- the -Boot campaign in November. The 3 days raised over $17,000.00, thus sending 21 kids to summer camp in 2013. A plaque was presented to the El Segundo Fire Department for volunteering their time to the campaign. ROLL CALL Mayor Jacobson - Present Mayor Pro Tern Fuentes - Present Council Member Fisher - Present Council Member Atkinson - Present Council Member Fellhauer - Present MINUTES OF THE REGULAR CITY COUNCIL MEETING December 4, 2012 PAGE NO. 3 50 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. Elyse Rothstein, Board member for the South Bay Workforce Investment Board gave a report on the activities and accomplishments as reported in the October 2012 meeting. Lina McDermot, Youth Director at Tree Musketeers spoke about the upcoming Tree Identification seminar on Saturday, Dec 15, 2012. Sam Pena of Consolidated Disposal Services spoke on upcoming events; Christmas Tree pick up from December 26, 2012 — January 18, 2013 and Shred Day will be January 19, 2013. The time and place to be announced. A. PROCEDURAL MOTIONS Consideration of a motion to read all ordinances and resolutions on the Agenda by title only. MOTION by Council Member Fellhauer, SECONDED by Mayor Pro Tern Fuentes to read all ordinances and resolutions on the agenda by title only. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 B. SPECIAL ORDERS OF BUSINESS (PUBLIC HEARING) C. UNFINISHED BUSINESS Consideration and possible action to 1) adopt an ordinance approving an amendment to the contract between the California Public Employees' Retirement System (CaIPERS) and the City of El Segundo to provide Government Code § 20475 (Different Level of Benefits for the 2% @ 60 formula) for Local Miscellaneous Members entering into membership after the effective date of the Contract; 2) adopt an urgency ordinance amending the contract between the City and CaIPERS. (Fiscal Impact: None for Fiscal Year 2012/13) MOTION by Council Member Fellhauer, SECONDED by Council Member Atkinson to waive second reading and adopt Ordinance No. 1472, amending Contract No. 537GG between the California Public Employees' Retirement System (CaIPERS) and the City of El Segundo to provide Government Code § 20475 (Different Level of Benefits for the 2% @ 60 formula) for Local Miscellaneous Members entering into membership after the effective date of the Contract. MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0. MINUTES OF THE REGULAR CITY COUNCIL MEETING December 4, 2012 PAGE NO. 4 51 MOTION by Council Member Fellhauer, SECONDED by Mayor Pro Tern Fuentes to adopt Urgency Ordinance No. 1474 amending Contract No. 537GG between the City of El Segundo and CalPERS. MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0. 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. 2. Approved Warrant Numbers 2590283 to 2590471 on Register No. 4 in the total amount of $1,347,196.21 and Wire Transfers from 11/08/2012 through 11/22/2012 in the total amount of $2,663,806.55. 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 Meeting Minutes of November 20, 2012, 4. PULLED FOR DISCUSSION BY MAYOR JACOBSON 5. Waived bid requirements per El Segundo Municipal Code ( "ESMC ") § 1 -7 -10 and authorized the City Manager, or designee, to purchase the Laserfiche document management system from Complete Paperless Solutions. (Fiscal Impact: $42,000.00) 6. PULLED FOR DISCUSSION BY MAYOR JACOBSON MOTION by Council Member Fisher, SECONDED by Council Member Atkinson to approve Consent Agenda Items 2, 3, and 5. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0. CALL ITEMS FROM CONSENT AGENDA 4. Consideration and possible action to amend a standard Public Works Contract with Shawnan of additional road rehabilitation work on Aviation Boulevard from El Segundo Boulevard to Rosecrans Avenue. Street Project No. PW 12 -02. (Fiscal Impact: To Be Determined) MINUTES OF THE REGULAR CITY COUNCIL MEETING December 4, 2012 PAGE NO. 5 52 MOTION by Council Member Atkinson, SECONDED by Council Member Fellhauer to approve the amendment to the standard Public Works Contract 4328A in the amount of $295,000 with Shawnan for additional road rehabilitation work on Aviation Boulevard from El Segundo Boulevard to Rosecrans Avenue in a form approved by the City Attorney, authorized the City Manager to amend the Professional Services Agreement No. 4329A with APA Engineering, Inc. in a form approved by the City Attorney for additional construction inspections services in the amount not to exceed $20,000.00 and authorized the transfer of Gas Tax Funds in the amount of $174,000 to cover any additional construction and inspection services cost not covered by Proposition C. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 6. Consideration and possible action regarding a request from the El Segundo PTA Council to increase the City's in -kind donation from $3,500.00 to $6,173.00 for their PTA Run for Education event to be held on March 23, 2013. (Fiscal Impact: $2,673.00) MOTION by Council Member Fellhauer, SECONDED by Mayor Pro Tern Fuentes authorizing the use of the City's permit with CalTrans to hang a banner over Sepulveda Boulevard and authorized the city staff to provide additional staffing for the 1 OK, should the PTA commit to paying for the expansion from a 5K race to a 1 OK race at an estimated $1,800.00. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 NEW BUSINESS 7. Discussed filling the vacancy in the elected office of City Treasurer based upon the former Treasurer Chris Powell's resignation from that office on November 26, 2012. (Fiscal Impact: Unknown at this time) Council gave direction to staff to prepare a packet containing Treasurer duties, expectations and an application with emphasis on financial experience. It will be an open filing period until the next meeting on December 18, 2012. REPORTS — CITY MANAGER - None REPORTS — CITY ATTORNEY — None REPORTS — CITY CLERK 8. Consideration and possible action regarding Council consensus to cancel the January 2, 2013 City Council Meeting. (Fiscal Impact: None) MINUTES OF THE REGULAR CITY COUNCIL MEETING December 4, 2012 PAGE NO. 6 53 MOTION BY Council Member Atkinson, SECONDED by Fellhauer approving the cancellation of the January 2, 2013 City Council Meeting. REPORTS — CITY TREASURER — None REPORTS — CITY COUNCIL MEMBERS Council Member Fellhauer — Attended Winter Wonderland held at the High School on December 1, 2012. Invited the community to the annual Holiday Parade this Sunday, December 9, 2012. Council Member Atkinson — Stated that we have a great city with our traditions and thanked all community members who contribute their time to making our city great. Enjoy the holiday's! Council Member Fisher — Wished everyone a wonderful holiday season and New Year. Mayor Pro Tern Fuentes — Attended Winter Wonderland held at the High School on December 1, 2012 put on by the El Segundo Concert Band and attended the RSVP luncheon honoring Karl Jacobs. Mayor Jacobson — Attended Winter Wonderland held at the High School on December 1, 2012. 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. Jack Axelrod, citizen, thanked the council for pursuing the fiscal health of the City. Spoke on Raytheon, dislike of displaying too many flags on Grand Ave and not agreeing with starting our meetings with the Pledge of Allegiance and an Invocation. Carlos Donohue- Chair for the Run for Education, thanked the council for approving the banner across Sepulveda and approving the 1 OK route. Tony Mendez- resident and local business owner, spoke on his concerns about the fiscal problems that face the city. Dr. Mendez thought the City should speed up the process of selecting a new City Treasurer. MEMORIALS — Barbara Jean Jennings MINUTES OF THE REGULAR CITY COUNCIL MEETING December 4, 2012 PAGE NO. 7 54 ADJOURNMENT at 8:18 PM Tracy Weaver, City Clerk MINUTES OF THE REGULAR CITY COUNCIL MEETING December 4, 2012 PAGE NO. 8 55 EL SEGUNDO CITY COUNCIL AGENDA STATEMENT AGENDA DESCRIPTION: MEETING DATE: December 18, 2012 AGENDA HEADING: Consent Agenda Consideration and possible action to approve and adopt South Bay Workforce Investment Board's (SBWIB) proposed Amendment No. 5 to the Joint Powers Agreement No. 83- 100 transferring the duties of administrative entity from the City of Hawthorne to the City of Inglewood. (Fiscal Impact: None) RECOMMENDED COUNCIL ACTION: 1. Staff recommends that the City Council approve and adopt the proposed Amendment No. 5 to the Joint Powers Agreement No. 83 -100 as amended. 2. Authorize the Mayor to sign the Amendment No. 5 to the Joint Powers Agreement No. 83 -100 as amended. 3. Alternatively, discuss and take other action related to this item. ATTACHED SUPPORTING DOCUMENTS: Amendment No. 5 to Joint Exercise of Powers Agreement No. 83 -100 Transferring the Duties of Administrative Entity to the City of Inglewood FISCAL IMPACT: Amount Budgeted: 0 Additional Appropriation: 0 Account Number(s): 0 ORIGINATED BY: Mickie Tagle, Senior Executive Assistant REVIEWED BY: CA APPROVED BY: Greg Carpenter, City ManagerJK-�- BACKGROUND AND DISCUSSION: Attached is Amendment No. 5 to the Joint Powers Agreement previously entered into by all of the following cities: Cities of Carson, El Segundo, Gardena, Hawthorne, Hermosa Beach, Inglewood, Lawndale, Manhattan Beach, and Redondo Beach. The Workforce Investment Act of 1998 requires that each consortium such as the South Bay Workforce Investment Board (SBWIB), identify a Chief Local Elected Official (CLEO) whose function it is to sign various official documents of the Workforce Investment Board. Currently, the Joint Powers Agreement of the member cities identifies the City of Hawthorne as the Administrative Entity for the South Bay Workforce Investment Area and the City Council of the City of Hawthorne, with the Mayor of Hawthorne having the authority to sign on their behalf, as the CLEO. 56 It is proposed by Amendment No. 5 that the City of Hawthorne be replaced as Administrative Entity by the City of Inglewood and that the City Council and Mayor of Hawthorne be replaced as CLEC in favor of the City Council and Mayor of Inglewood. This change will have no effect on the delivery of services to any Member City. In order to adopt this amendment an affirmative vote of at least 75% of the Member Cities – Carson, El Segundo, Gardena, Hawthorne, Hermosa Beach, Inglewood, Lawndale, Manhattan Beach, and Redondo Beach —is required. RECOMMENDATION: It is therefore recommended that the Member Cities adopt the attached Amendment No. 5 to Joint Powers Agreement No. 83 -100 as amended. 2 57 AMENDMENT NO.5 TO JOINT EXERCISE OF POWERS AGREEMENT NO. 83 -100 TRANSFERRING THE DUTIES OF ADMINISTRATIVE ENTITY TO THE CITY OF INGLEWOOD THIS AMENDMENT dated , 2012, is made and entered into by and between the Cities of Carson, El Segundo, Gardena, Hawthorne, Hermosa Beach, Inglewood, Lawndale, Manhattan Beach, and Redondo Beach, all of which are organized and existing under and by virtue of the laws of the State of California. The cities are collectively referred to as "Cities" and in certain contexts are referred to as "Participating Cities." WHEREAS, Cities are members of the South Bay Workforce Investment Area which was created in response to the Workforce Investment Act enacted by Congress in 1998; and, WHEREAS, all of the member cities are signatories to the Joint Exercise of Powers Agreement referred to above; and WHEREAS, Cities desire to change the designation of its administrative entity from the City of Hawthorne to the City of Inglewood; NOW, THEREFORE, in consideration of these premises and the mutual covenants, the parties herein agree as follows: 1. That Section 6 of Agreement No. 83 -100 as previously amended be further amended to transfer the duties of Administrative Entity currently exercised by the City of Hawthorne to the City of Inglewood with all the rights, duties and obligations set forth in the WIA as amended. This transfer of authority encompasses all other references to Hawthorne contained in Agreement No. 83 -100 as amended. The City of Hawthorne shall cooperate fully in said transfer. 9?3 2. That the reference in Section 6 A to the South Bay Private Industry Council shall be changed to read "South Bay Workforce Investment Area. 3, That Section 6 B which was amended in January 2000 be further amended to replace the Mayor and City Council of Hawthorne as the Chief Local Elected Official and in their place to name the Mayor and City Council of the City of Inglewood as the Chief Local Elected Official (CLEO) with signing authority in the Mayor on behalf of the CLEO. 4. This Amendment No. 5 shall become effective immediately upon approval by a vote of 75% of all current participating cities. 5. Except as amended herein, the terms and conditions of Agreement No. 83- 100 as it may have previously been amended, shall remain in full force and effect. 6. This Amendment No. 5 may be executed in as many counterparts as may be convenient, each of which when executed by any party shall be deemed an original. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 5 on the date and year first above written. ATTEST: City Clerk ATTEST: City Clerk ATTEST, CITY OF CARSON Lot", Mayor CITY OF EL SEGUNDO BY Mayor CITY OF GARDENA BY Mayor 2 59 City Clerk 3 60 CITY OF HAWTHORNE BY Mayor ATTEST: City Clerk CITY OF HERMOSA BEACH BY Mayor ATTEST: City Clerk CITY OF INGLEWOOD BY Mayer ATTEST: City Clerk CITY OF LAWNDALE BY Mayor ATTEST: City Clerk CITY OF MANHATTAN BEACH BY Mayor ATTEST: City Clerk CITY OF REDONDO BEACH BY Mayor ATTEST: City Clerk 3 60 EL SEGUNDO CITY COUNCIL MEETING DATE: December 18, 2012 AGENDA STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action to approve an Amendment to the Joint Powers Agreement between the City of El Segundo and the Los Angeles Interagency Metropolitan Police Apprehension Crime Task Force (LA IMPACT) and authorize the City Manager to execute the Joint Powers Agreement (JPA) Amendment in a form approved by the City Attorney. (Fiscal Impact: None) RECOMMENDED COUNCIL ACTION: 1. Authorize the City Manager to execute the Amendment in a form approved by the City Attorney to the LA IMPACT JPA; and 2. Alternatively discuss and take other action related to this item. ATTACHED SUPPORTING DOCUMENTS: 1. Amendment to the LA IMPACT JPA FISCAL IMPACT: None Amount Budgeted: N/A Additional Appropriation: N/A Account Number(s): N/A ORIGINATED BY: Bob Turnbull, Captain t REVIEWED BY: Mitch Tavera, Chief of Police APPROVED BY: Greg Carpenter, City Manager BACKGROUND AND DISCUSSION: Inaugurated on July 1, 1991, the Los Angeles Interagency Metropolitan Police Apprehension Crime Task Force (LA IMPACT) is a compilation of numerous Federal, State and local Law Enforcement agencies in Los Angeles County whose primary focus is to investigate major crimes, with an emphasis on dismantling mid to major level drug trafficking organizations. The task force was founded by the Los Angeles County Police Chiefs' Association, who currently act as the Board of Directors. LA IMPACT is one of the most prolific, innovative and progressive crime task forces in the country through its wide range of abilities and expertise. Many of the task force members are seasoned investigators from a myriad of different disciplines who possess expertise outside the realm of narcotic enforcement. This enables LA IMPACT to provide a diverse range of investigative services in the areas of property crimes, financial crimes and crimes against persons, in addition to narcotic enforcement during times of mutual aid by requesting entities. 10 61 LA IMPACT's primary area of expertise is narcotic enforcement. The task force is known for its surveillance capabilities and possesses the most extensive surveillance resources in California. LA Impact has specialized proficiency in the following areas: major drug trafficking organizations, money laundering, clandestine laboratory investigations, transportation and parcel interdiction, and gang enforcement. LA IMPACT is the primary clandestine laboratory response team for Los Angeles County. In 2011, LA IMPACT was formally organized as a Joint Powers Authority under the California Government Code. On March 1, 2011, the El Segundo City Council adopted Resolution No. 4715 approving the LA IMPACT JPA. This authorized the City's membership in the LA IMPACT Authority and authorized the City Manager to execute the JPA. During the first year of operating as a Joint Powers Authority, it became apparent that several issues needed clarification or were not addressed in the JPA as originally adopted by the Membership. Specifically, two areas were recognized as warranting amendment: Associate Member indemnity, and state contracting goals for disabled veterans businesses. Associate Member Indemnity The LA IMPACT JPA, to which all Members are a party by definition, provides that each Member will indemnify LA IMPACT as well other Members for the general liability and the worker's compensation liability caused by the Member's contributed personnel who perform law enforcement or support functions. These indemnity provisions are found in sections 14.03 and 14.04 of the JPA. The Agreement also provides in section 14.06 that LA IMPACT will indemnify its Members for the actions of LA IMPACT employees. The JPA also contemplates that public agencies may join LA IMPACT as an Associate Member rather than as a full Member. Article 4 of the JPA addresses Associate Member Agreements. The JPA does not contain a provision for the Members or for LA IMPACT to indemnify Associate Members or provide that Associate Member agreements must contain indemnity provisions to protect the Members. It is contemplated that Associate Members would contribute law enforcement personnel who would work side by side with Members' contributed personnel. This lack of indemnity between Associate Members and the Members would most likely discourage agencies from becoming Associate Members. Additionally, the Members such as the City of El Segundo would not be shielded from liability when its officers are working side by side with an Associate Member's officers. In January 2012, the LA IMPACT Executive Committee (a 13- member committee from the Board of Directors) voted unanimously to send an amendment to the Members addressing indemnity as it pertains to the Associate Members. State of California Contracting Participation Goals Government Code § 6522, which is part of the Joint Powers Act governing LA IMPACT as a joint powers authority, provides that the contracting participation goals set out in the California Military and Veterans Code section 999 et seq. are to become part of any joint powers agreement (JPA) entered into by the State of California. The former Bureau of Narcotics Enforcement, now M the Bureau of Investigation (BI), participates in LA IMPACT and contributes a number of sworn and non -sworn personnel, including at the Executive Director level. The BI wishes to continue its participation in LA IMPACT and has signed the JPA, contingent upon the requirements of Government Code § 6522 being added to the JPA through an amendment. The contracting participation goals set out in the Military and Veterans Code state that a state agency must strive to meet the goal of awarding 3% of its annual contracting dollars to businesses owned by disabled veterans. While it is mandatory to include the state contracting goals in the JPA, there are no penalties if the goals are not met, and state law specifically provides that a third parry cannot take legal action to invalidate contracts of the agency for failure to meet the participation goals. CONCLUSION: In June 2012, the Executive Committee voted unanimously to send an Amendment to the Members regarding the Associate Member indemnity and contracting goals. The JPA may be amended by a majority of the members' governing boards approving the amendment. 63 AMENDMENT TO JOINT POWERS AGREEMENT FOR LOS ANGELES INTERAGENCY METROPOLITAN POLICE APPREHENSION CRIME TASK FORCE (L.A. IMPACT) This Amendment to the Los Angeles Interagency Metropolitan Police Apprehension Crime Task Force (L.A. IMPACT) Joint Powers Agreement ( "Agreement ") is made and entered into by and between those public agencies duly organized and existing, which are parties signatory to the Agreement and listed on Exhibit A to the Agreement. RECITALS WHEREAS, the Members have entered into the Agreement which formed the public entity known as the Los Angeles Interagency Metropolitan Police Apprehension Crime Task Force Authority (hereinafter the "Authority "); and WHEREAS, Members of the Authority contribute their own personnel to a cooperative pool of personnel to provide service to the Authority; and WHEREAS, the Agreement provides that the state of California may join the Authority as a Member; and WHEREAS, Government Code section 6522 provides that the contracting participation goals set out in the Military and Veterans Code section 999 et seq. are to become part of any joint powers agreement entered into by the State of California; and WHEREAS, the Members wish to amend the Agreement to include the state's contracting participation goals. WHEREAS, the Agreement provides in Sections 14.03 and 14.04 that each Member will indemnify the Authority as well as other Members for the general liability and worker's compensation liability caused by the Member's contributed personnel who perform law enforcement or support functions; and WHEREAS, the Agreement provides in Section 14.06 that the Authority will indemnify the Members for the general liability caused by staff employed by the Authority; and WHEREAS, the Agreement also authorizes the Authority to enter into Associate Member Agreements with any public agency upon the approval of the Board; and WHEREAS, the Members wish to amend the Agreement to extend the responsibility and indemnity provisions of Sections 14.03, 14.04 and 14.06 to Associate Page 1 64 Members, provided that Associate Members agree to indemnify the Authority, its Members, and its Associate Members in the same manner as Members under the Agreement. NOW THEREFORE, in consideration of the foregoing, the Members agree to amend the Agreement as follows: 1. Section 5.01 paragraph (a) of Article 5 Powers shall be amended to read as follows: a) To make and enter into, in its own behalf and not on behalf of the individual Members, contracts consistent with this Agreement, including, but not limited to, contracts to purchase /lease and /or dispose of supplies and equipment. The participation goals specified in Article 6, of Chapter 6 of Division 4 of the Military and Veterans Code, commencing with section 999, will apply to contracts executed by the Authority. 2. Section 4.02 Contents of Associate Membership Agreement shall be amended by adding subsection "g" as follows: g) Contain provisions to provide indemnity to the Authority, its Members, and other Associate Members, such as is set forth in the Agreement sections 14.03, 14.04 and 14.06. 3. Section 14.03 Member Indemnity for General Liability of Contributed Employee shall be amended to read as follows: Member Indemnity for General Liability of Contributed Employee. Except as provided in Section 18.05, each Member shall protect, defend, indemnify, and hold free and harmless the Authority, the other Members and Associate Members, and their respective elected and appointed boards, officials, officers, agents, volunteers, and employees from and against any and, all liabilities, damages, loss, cost, claims, expenses, actions, or proceedings of any kind or nature caused by a contributed employee of the Member who is performing Authority law enforcement or support functions, including, but not by way of limitation, injury or death of any person, injury or damage to any property, including consequential damages and attorney's fees and costs, resulting or arising out of or in any way connected with the alleged willful or negligent acts or alleged failure to act in the course and scope of carrying out their responsibilities in the performance of their duties to the Authority and for which each Member shall maintain sufficient liability coverage, pooled self- insurance coverage, or a program of self- insurance, which includes coverage for contractual promises to indemnify, in effect at all times as determined by the Board of Directors, to cover any such damage claim, loss, cost, expense, action, proceeding, liability, or obligation. 4. Section 14.04 Member Indemnity for Workers Compensation Liability of Contributed Employee shall be amended to read as follows: Page 2 65 Member Indemnity for Workers Compensation Liability of Contributed Employee. Each Member shall fully indemnify and hold harmless the Authority, the other Members and Associate Members, and their respective officers, employees and agents, from any claims, losses, fines, expenses (including attorneys' fees and court costs or arbitration costs), costs, damages or liabilities arising from or related to (1) any workers' compensation claim or demand or other workers' compensation proceeding arising from or related to, or claimed to arise from or relate to, employment which is brought by an employee of the respective agency or any contract labor provider retained by the law enforcement agency, or (2) any claim, demand, suit or other proceeding arising from or related to, or claimed to arise from or relate to, the status of employment (including without limitation, compensation, demotion, promotion, discipline, termination, hiring, work assignment, transfer, disability, leave or other such matters) which is brought by an employee of the law enforcement agency or any contract labor provider retained by the law enforcement agency. 5. Section 14.06 Authority Indemnity of Members shall be amended to read as follows: Authority Indemnity of Members. The Authority shall protect, defend, indemnify, and hold free and harmless the Members and Associate Members, their respective elected and appointed boards, officials, officers, agents, volunteers, and employees from and against any and all liabilities, damages, loss, cost, claims, expenses, actions, or proceedings of any kind or nature caused by staff employed by the Authority hired pursuant to Section 12.02 including, but not by way of limitation, injury or death of any person, injury or damage to any property, including consequential damages and attorney's fees and costs, resulting or arising out of or in any way connected with the alleged willful or negligent acts or alleged failure to act in the course and scope of carrying out their responsibilities in the performance of their duties to the Authority. 6. All terms and conditions set forth in this Amendment are incorporated by this reference into the Agreement. This Amendment modifies the Agreement only as expressly set forth above. This Amendment does not modify, alter or amend the Agreement in any other way whatsoever. Except as expressly set forth herein, all terms and conditions of the Agreement shall remain in full force and effect. 7. This Amendment shall be effective upon the approval by a majority of the Members of the Authority. This Amendment may be signed in counterparts. IN WITNESS WHEREOF, each Member has caused this Amendment to be executed and attested by its proper officers thereunto duly authorized, its official seals to be hereto affixed, as follows: Page 3 66 CITY OF EL SEGUNDO Authorization For Amendment to the LOS ANGELES INTERAGENCY METROPOLITAN POLICE APPREHENSION CRIME TASK FORCE (L.A. IMPACT) JOINT POWERS AGREEMENT IN WITNESS WHEREOF, the City of El Segundo, by Resolution of its City Council, has caused this Amendment to be executed on its behalf by the City Manager, and attested by the City Clerk, as of the date so executed below. Dated: ATTEST: Tracy Weaver City Clerk APPROVED AS TO FORM: Mark D. Hensley, City Attorney By: Karl H. Berger City Attorney City of El Segundo, CALIFORNIA M Page 4 Greg Carpenter City Manager 67 EL SEGUNDO CITY COUNCIL MEETING DATE: December 18, 2012 AGENDA STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action to waive the bidding process per El Segundo Municipal Code § 1 -7 -10, as there was only one bidder that could meet the product specifications, and authorize the purchase of emergency food and water for employees, disaster service workers, and mutual aid responders in the event of a disaster. (Fiscal Impact: $36, 874.23) RECOMMENDED COUNCIL ACTION: 1. Authorize the purchase of emergency food and water for employees, disaster service workers and mutual aid responders in the event of a disaster; 2. Alternatively, discuss and take other action related to this item. ATTACHED SUPPORTING DOCUMENTS: 1. More Prepared Quote 2. SOS Survival Products Quote FISCAL IMPACT: Included in Adopted Budget Amount Budgeted: $37,670 Additional Appropriation: None Account Number(s): 601 - 400 - 3255 -8104 Equipment Replacement ORIGINATED BY: Richard D. Guyer, Battalion Chief Y,' j=4L, REVIEWED BY: Kevin S. Smith, Fire Chief APPROVED BY: Greg Carpenter, City Manager ' BACKGROUND AND DISCUSSION: The City of El Segundo has been proactive in the supply and storage of emergency food and water provisions for City employees, disaster service workers, and mutual aid responders in the event of a disaster. The City has previously stocked food and water supplies for a shelf life of five (5) years. The five -year shelf life for the City of El Segundo's emergency food and water supply has just expired and the need to replenish and prepare for the likely event of a disaster is of the utmost importance. The City in the past has spent approximately $38,000.00 for a five year supply of emergency food and water, which is roughly $7,500 per year. New products have been offered for food and water supply that have a twenty -five (25) year shelf life. The $36,874.23 quote for emergency supplies will cost the City approximately $1,500 to $1,600 per year. This is a substantial savings for a twenty -five year supply in comparison to the five year supply. Five vendors from the area were contacted with only two vendors offering quotes. Only one vendor offered the twenty -five year shelf life for both food and water. Staff recommends going 68 with the quote from "More Prepared." While "More Prepared" is the more expensive bid in terms of initial expense, the cost savings over the other vendor in the long term will be substantial as the other vendor only offers water with a five (5) year shelf life that would have to be replaced multiple times over the life of the food supplies. .• More Prepared MORE 4857 W. 147th Street, peP¢n Suite C Hawthorne, CA 90250 Bill To City of El Segundo 350 Main St. Room 4 El Segundo, CA 90245 Attn: Finance A/P rguyer @elsegundo.org Quote Date Quote # 11/29/2012 2012 -885 Ship To City of El Segundo Fire Emergency Services 314 Main St. Fire Station #1 El Segundo, CA 90245 Richard Guyer, 310.524.2228 70 Quote By FOB MA Destination Item Description Quantity Price Total WA- 01 -11 -6 Alka Power Canned Water - 46 oz (Case of 6) 899 29.99 26,961.01 DISCOUNTS C... 35% Discount - 9,436.35 - 9,436.35 MH -30425 Mountain House Canned Food - Scrambled 41 34.99 1,434.59 Eggs w /Ham MH -30447 Mountain House Canned Food - Scrambled 59 31.89 1,881.51 Eggs w /Bacon MH -30449 Mountain House Canned Food - Granola with 58 38.29 2,220.82 Blueberries MH -30158 Mountain House Canned Food - Macaroni & 48 28.99 1,391.52 Cheese MH -30108 Mountain House Canned Food - Spaghetti 93 25.19 2,342.67 w /Meat Sauce MH -30105 Mountain House Canned Food - Rice & 78 22.99 1,793.22 Chicken MH -30131 Mountain House Canned Food - Noodles & 60 31.79 1,907.40 Chicken MH -30119 Mountain House Canned Food - Beef 42 28.29 1,188.18 Stroganoff MH -30124 Mountain House Canned Food - Chicken 48 29.99 1,439.52 Teriyaki MH -30137 Mountain House Canned Food - Pasta 102 31.99 3,262.98 Primavera MH -30128 Mountain House Canned Food - Chili Mac with 72 25.49 1,835.28 Beef MH -30308 Mountain House Canned Food - Corn 111 21.49 2,385.39 MH -30305 Mountain House Canned Food - Peas 138 20.99 2,896.62 MH -30541 Mountain House Canned Food - Raspberry 84 24.89 2,090.76 Crumble MH -30542 Mountain House Canned Food - Blueberry 70 25.39 1,777.30 Cheesecake Subtotal Phone 888.733.7245 Sales Tax (8.75°/x) Website www.moreprepared.com Total PaaP 1 70 More Prepared +NtiOR 4857 W. 147th Street, PREP f° Suite C Hawthorne, CA 90250 Bill To City of El Segundo 350 Main St. Room 4 El Segundo, CA 90245 Attn: Finance A/P rguyer @elsegundo.org Quote Date Quote # 11/29/2012 2012 -885 Ship To City of El Segundo Fire Emergency Services 314 Main St. Fire Station #1 El Segundo, CA 90245 Richard Guyer, 310.524.2228 71 Quote By FOB MA Destination Item Description Quantity Price Total MH -30332 Mountain House Canned Food - Sliced 48 25.69 1,233.12 Bananas DISCOUNTS C... 42% Discount - 13,053.97 - 13,053.97 FD -91 -04 2 Burner Outdoor Stove with Stand 1 149.95 149.95T TT -04 -03 Basic Manual Can Opener 2 1.95 3.90T FD -80 -14 Plates, Cups, Napkins, Utensils, Stockpots, 1 1,062.34 1,062.39T Measuring Cups Shipping LTL -.,. LTL - Commercial, With Lift Gate (included) 0.00 0.00 ** Alka Water and Mountain House canned food have a 25 year shelf -life ** Subtotal $36,767.81 Phone 888.733.7245 Sales Tax (8.75 %) $106.42 Website www.moreprepared.com Total $36,874.23 Paae 2 71 QUOTE SOS : SURVIVAL PRODUCTS R3- 007402 15705 Strathem St #11 ■ Van Nuys, CA X1406 Creation Date: 07/3012012 Phone: 800 479L--7!998 - Fax: 818 9N -0360 Customer #: 2252 , www-sospro-ducts-com Invoice Date: BILL TO CITY OF EL SEGUNDO ACCOUNTS PAYABLE 314 MAIN STREET EL SEGUNDO, CA 90245 BILL TO CONTACT: ACCOUNTS PAYABLE Terms: PREPAY PO: QUOTE ShiplPickup Date: SHIP TO CITY OF EL SEGUNDO RICHARD GUYER 314 MAIN STREET EL SEGUNDO, CA 90245 # SKU QTY UNIT RETAIL PRICE, EXT TAX FOOD & WATER FOR 300 EMPLOYEES FOR 2 WEEKS 2 MEALS PER DAY 1 35149 #10 Granola w /Blueberry & Milk 2 35147 #10 Scrambled Eggs w/ Bacon 3 35101 #10 Breakfast Skillet 4 35148 #10 Scrambled Eggs w/ Ham 5 35121 #10 Chili Mac w/ Beef 6 35127 #10 Lasagna w/ Meat & Sauce 7 35131 #10 Noodle & Chicken 8 35137 #10 Pasta Primavera 60.00 38.99 31.19 1,871.40' N 70.00 31.99 25.59 1,791.30 N 69.00 33.99 27.19 1,876.11 N 70.00 35.99 28.79 2,015.30 N 56.00 25.99 20.79' 1,164.24, N 60.00 34.99 27.99 1,679.40: N 56.00 31.99 25.59 1,433.04 N 56.00 31.99 25.59 1,433.04 N Page: 1 of 372 # SKU QTY UNIT RETAIL PRICE EXT TAX 9 35105 61.00 22.99 18.39 1,121.79 N #10 Chicken & Rice 10 35119 61.00 26.99 21.59 1,316.99 N #10 Beef Stroganoff 11 35138 56.00 28.99 23.19 1,298,64 N #10 Macaroni & Cheese WATER FOR FOOD HYDRATION 12 35313 Bundle 150.00 18.00 11.50 1,725.00 N Aqua Literz Water case WATER FOR DRINKING 14 35313 Bundle 350.00 18.00 11.50 4,025.00 N Aqua Literz Water case COOKING SUPPLIES 16 544401 1.00 119.00 95.00 95.00 Y 2 Bumer Cast Iron Stove wf Stand & Hose 17 340441 1.00 55.00 45.00 45.00 Y " Coffee Pot 24 cup 18 340443 1.00 23.98 19.50 19.50 Y 11.5 cats Soup Pot 19 34031 1.00 14.98 12.50 12.50 Y Glass Measuring Bowl 2 Ot 20 350391 1.00 2.99 2.99 2.99 Y Slatted Serving Spoon 21 350392 1.00 2.99 2.99 2.99 Y Chrome Ladle 22 340448 2.00 7,98 6.98 13.96 Y Single Hot Mitt 23 544453 1.00 89.98 89.98 89.98 Y Propane TANK 40 lb Page: 2 of 37 3 ft SKU QTY UNIT RETAIL PRICE EXT TAX MUMBF.-ROAPIT1598,1 1.184.00 DDS 750.00 MIXIM SUBTOTAL 23,033.17 0.00 2- %807.84, SIGNATURE Pagw 3 of 374 EL SEGUNDO CITY COUNCIL MEETING DATE: December 18, 2012 AGENDA STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action to authorize the City Manager to sign and enter into an agreement, reviewed by the City Attorney, with the Regents of the University of California to allow the City of El Segundo to provide Paramedic Internship for students of the University of California, Los Angeles (UCLA) Emergency Medical Technician Paramedic Program. (Fiscal Impact: None) RECOMMENDED COUNCIL ACTION: 1. Authorize the City Manager to sign and enter into an agreement, reviewed by the City Attorney, with the with the Regents of the University of California to allow the City of El Segundo to provide Paramedic Internship for students of the University of California, Los Angeles (UCLA) Emergency Medical Technician Paramedic Program; 2. Alternatively, discuss and take other actions related to this item. ATTACHED SUPPORTING DOCUMENTS: 1. Paramedic Internship Agreement Between the Regents of the University of California and the City of El Segundo FISCAL IMPACT: None Amount Budgeted: None Additional Appropriation: N/A Account Number(s): N/A ORIGINATED BY: Kevin S. Smith, Fire Chief REVIEWED BY: Kevin S. Smith, Fire Chief APPROVED BY: Greg Carpenter, City Manager BACKGROUND AND DISCUSSION: The City of El Segundo Fire Department (ESFD) has been a provider of paramedic treatment and transportation services within Los Angeles County since 1974. In order to maintain trained and certified personnel to serve as paramedics, the Fire Department has sent members to two different paramedic training programs in recent years. One of the programs is the Paramedic Training Institute currently hosted by El Camino College and the other is the UCLA Paramedic Program. Each of these programs, among other things, requires a clinical field internship in which students will be assigned to City Paramedic Preceptors to teach, supervise and evaluate the student interns. UCLA has recently requested that the ESFD provide paramedic internships to students of their program if there is mutual agreement to do so. Staff recommends that the City enter into an agreement with UCLA to allow the internships to take place in the future. There are no known costs associated with serving as an internship provider. Staff believes there 12 75 is benefit to existing ESFD Paramedics who may serve as Preceptors in reinforcing their own knowledge, skills, and abilities. Staff also 'believes that ESFD has an obligation to reciprocate for all of the other agencies who have provided internships to our personnel over the years. 76 PARAMEDIC INTERNSHIP AGREEMENT BETWEEN THE REGENTS OF THE UNIVERSITY OF CALIFORNIA AND THE CITY OF EL SEGUNDO THIS AGREEMENT ( "Agreement") is made and entered into this day of 2012, by and between the CITY OF EL SEGUNDO, a general law city and municipal corporation ( "CITY "), and the REGENTS OF THE UNIVERSITY OF CALIFORNIA, a Constitutional corporation, on behalf of the University of California, UCLA Center for Prehospital Care Paramedic Education Program ( "UCLA "). 1. RECITALS. This Agreement is made with reference to the following facts and objectives: A. UCLA confers degrees and certificates in an Emergency Medical Technician- Paramedic Program (the "Program ") which, among other things, requires a clinical field internship ( "Paramedic Internship "). B. CITY has the ability to provide Paramedic Internships. C. It is essential for UCLA's students seeking a degree or certificate in the Emergency Medical Technician- Paramedic Program to acquire such clinical experience while participating in the Program. D. CITY finds that it is in the public interest for CITY to assist in educating future Emergency Medical Technicians- Paramedics and has agreed to operate a Paramedic Internship. 2. UCLA'S RESPONSIBILITIES. A. UCLA will designate students ( "Interns ") enrolled in its Health Science programs to participate in CITY's Paramedic Internship program. B. UCLA will require each Intern to be examined for physical fitness and certify to CITY each Intern's physical fitness and immunization from common communicable diseases. C. UCLA will require each Intern to possess a current CPR certificate. D. UCLA will require Interns to wear the type of uniforms identified by CITY. E. UCLA will maintain attendance and academic records and the preparation of official UCLA reports for local, state, and other supervisory groups. Page 1 of 7 77 F. UCLA will coordinate with CITY in scheduling the Paramedic Internship with CITY. G. UCLA will furnish CITY with a pre- semester schedule of dates and projected number of Interns before assigning Interns to CITY's Internship Program. H. UCLA will require that any change in the Intern's enrollment or health status be evaluated on an individual basis. I. UCLA warrants that each of its instructors supervising clinical instruction will be duly licensed and meet UCLA's educational qualifications as well as those required by the California Code of Regulations, Title 22. J. UCLA will promptly transfer Interns or instructors from the Paramedic Internship who are unable to properly perform their clinical assignments. K. UCLA will ensure that each Intern assigned to CITY has previous training in blood and body fluid universal precautions consistent with the Center for Disease Control Guidelines. 3. CITY'S RESPONSIBILITIES. A. CITY will provide clinical experience and observation opportunities of educational value in the field setting for learning experience for Interns enrolled in the Program. B. CITY will accept the number of Interns as mutually agreed to by the Parties for clinical experience to ensure maximum learning experience. C. CITY will provide access to medical records as appropriate for documentation of patient care and as permitted by applicable federal, state, and local law. D. CITY will hold patient care as its paramount concern. UCLA understands that this may necessitate the relegation of an Intern to the role of observer should CITY, in its sole discretion, deem such action necessary. E. CITY will maintain responsibility for those patients assigned to the Interns. F. CITY may immediately terminate an Intern's involvement with CITY's Paramedic Internship program if, in its sole discretion, it determines such action is warranted. G. CITY will provide a preceptor who has completed the Los Angeles County Preceptor Training Program to each Intern to teach, supervise and evaluate in consultation with a UCLA faculty liaison. H. CITY agrees that the City Paramedic Preceptor is not paid by UCLA. Page 2 of 7 M 4. MUTUAL RESPONSIBILITIES. A. Interns will be subject to the rules and regulations of both UCLA and CITY. B. The days and hours of the Paramedic Internship will be mutually agreed upon by UCLA and CITY. C. Interns will receive no salary or stipend for the service they may give in the course of the clinical experience. D. Neither UCLA nor CITY will furnish any uniform, transportation, or laundry service for the Interns. E. The standards of the Health Science Programs will be maintained by UCLA and CITY at a level equal to or exceeding the standards set forth by the State of California. 5. INDEMNIFICATION. A. UCLA indemnifies, will defend (at CITY's request), and holds CITY harmless from and against any claim, action, damages, costs (including without limitation, reasonable attorney's fees), injuries, or liability, arising out of this Agreement, or its performance, (all of the above referred to as "Claims "), but only in proportion to and to the extent such Claims are caused by or result from the sole negligent or intentional acts or omissions of UCLA. B. CITY indemnifies, will defend (at UCLA's request) , and holds UCLA harmless from and against any claim, action, damages, costs (including without limitation, reasonable attorney's fees), injuries, or liability, arising out of this Agreement, or its performance, ( all of the above referred to as "Claims "), but only in proportion to and to the extent such Claims are caused by or result from the sole negligent or intentional acts or omissions of CITY. C. For purposes of this section "CITY" includes CITY's officers, officials, employees, agents, representatives, and certified volunteers. D. For purposes of this section "UCLA" includes UCLA's officers, officials, employees, agents, and Interns. E. UCLA expressly agrees that this release, waiver, and indemnity agreement is intended to be as broad and inclusive as is permitted by the law of the State of California and that if any portion is held invalid, it is agreed that the balance will, notwithstanding, continue in full legal force and effect. F. It is expressly understood and agreed that the foregoing provisions will survive termination of this Agreement. Page 3 of 7 79 G. The requirements as to the types and limits of insurance coverage to be maintained by UCLA as required by Section 6 below, and any approval of said insurance by CITY, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by UCLA pursuant to this Agreement, including but not limited to the provisions concerning indemnification. 6. INSURANCE. A. UCLA warrants that it carries insurance covering UCLA and its students and faculty with a reputable insurance company(ies) or through a program of self - insurance which insure the perils of bodily injury, personal injury, professional liability and property damage, and cover such liabilities as are imposed by law and assumed under written contract with others with limits of at least one million ($1,000,000) dollars each occurrence with three million ($3,000,000) dollars annual aggregate. i. UCLA may utilize a program of self- insurance to meet the insurance requirements of this section if it obtains CITY's prior approval, which is considered granted by the execution of this Agreement by CITY. B. UCLA will furnish to CITY a Certificate of Insurance, in the standard form required by CITY, duly authenticated, evidencing maintenance of the insurance required under this Agreement and such other evidence of insurance or copies of policies as may be reasonably required by CITY from time to time. All required endorsements will be submitted on forms provided by CITY with the Certificate of Insurance. C. UCLA's liability policies will be endorsed to name CITY, its officials, and employees as "additional insureds" under said General Liability insurance coverage. Such insurance will be on an "occurrence," not a "claims made," basis and will not be cancelable or subject to reduction except upon thirty (3 0) days prior written notice to CITY. D. City warrants that it carries insurance with a reputable insurance company(ies) or through a program of self - insurance which insure the perils of bodily injury, personal injury, professional liability and property damage, and cover such liabilities as are imposed by law and assumed under written contract with others with limits of at least one million ($1,000,000) dollars each occurrence with three million ($3,000,000) dollars annual aggregate. i. CITY may utilize a program of self - insurance to meet the insurance requirements of this section E. CITY will furnish to UCLA a Certificate of Insurance evidencing maintenance of the insurance required under this Agreement. F. CITY's liability policies will be endorsed to name UCLA, its officials, and Page 4 of 7 n: F11 employees as "additional insureds" under said insurance coverage. 7. RELATIONSHIP A. Interns participating in CITY's Paramedic Internship program pursuant to this Agreement will not be considered CITY's employees. CITY does not assume any liability under law relating to workers' compensation on account of any act of any Intern performing, receiving experience and training (clinical or not), or traveling pursuant to the Agreement. B. The relationship of CITY and UCLA is that of independent contractor. Neither Party will be considered the agent or employee of the other. Neither will exercise control or direction over the other while performing their respective obligations under this Agreement. Neither party intends to create a partnership or joint venture by entering into this Agreement. 8. TERMINATION. This Agreement will be effective as of date of execution and will continue subject to cancellation, for a maximum term of five (5) years. Either Party may terminate this Agreement by giving ninety (90) days written notice. Said notice will be mailed by certified mail, return receipt requested, and ninety (90) days will begin on the date of receipt thereof. 9. LAWS AND REGULATIONS. UCLA, and its students, is responsible for complying with any and all applicable federal, state, county, and municipal laws and regulations, including, without limitation, CITY's rules and policies regarding interns, with respect to performance under this Agreement and to the extent applicable to a public entity such as the University of California, during the term of this Agreement. Such compliance will be at UCLA's, and its student's, sole cost. 10. ACCEPTANCE OF FACSIMILE SIGNATURES. The Parties agree that agreements ancillary to this Agreement and related documents to be entered into in connection with this Agreement will be considered signed when the signature of a party is delivered by facsimile transmission. Such facsimile signature will be treated in all respects as having the same effect as an original signature. 11. NOTICES. A. All notices given or required to be given pursuant to this Agreement will be in writing and may be given by personal delivery or by mail. Notice sent by mail will be addressed as follows: To CITY: City of El Segundo 320 West Newmark Avenue El Segundo, CA 91754 Attn: Paul Talbot, City Manager Fire Chief Page 5 of 7 81 To UCLA: Todd LeGassick Executive Director UCLA Center for Prehospital Care 10990 Wilshire Blvd., Suite 1450 Los Angeles, CA 90024 With a copy to: UCLA Health System Legal Affairs 10920 Wilshire Blvd., Suite 420 Los Angeles, CA 90024 B. When addressed in accordance with this paragraph, notices will be deemed given upon deposit in the United States mail, postage prepaid. In all other instances, notices will be deemed given at the time of actual delivery. C. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph. 12. CONSTRUCTION. The language of each part of this Agreement will be construed simply and according to its fair meaning, and this Agreement will never be construed either for or against either parry. 13. SEVERABLE. If any portion of this Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Agreement will continue in full force and effect. 14. ENTIRE AGREEMENT. This Agreement constitutes the sole agreement between CITY and UCLA respecting the subject matter herein and correctly sets forth the obligations of CITY and UCLA. There are no other understandings, terms or other agreements expressed or implied, oral or written. 15. WAIVER. Waiver of any provision of this Agreement will not be deemed to constitute a waiver of any other provision, nor will such waiver constitute a continuing waiver. 16. GOVERNING LAW. This Agreement has been made in and will be construed in accordance with the laws of the State of California and exclusive venue for any action involving this Agreement will be in Los Angeles County. Page 6 of 7 E. 17. AUTHORITY/MODIFICATION. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Agreement and to engage in the actions described herein. This Agreement may be modified by written agreement. CITY's city manager may execute any such amendment on behalf of CITY. 18. COUNTERPARTS. This Agreement may be executed in any number or counterparts, each of which will be an original, but all of which together will constitute one instrument executed on the same date. IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written. CITY OF EL SEGUNDO THE REGENTS OF THE UNIVERSITY OF CALIFORNIA Greg Carpenter J. Thomas Rosenthal, M.D. City Manager Associate Vice Chancellor ATTEST: Tracy Weaver City Clerk APPROVED T R MARK D. HE S -IT TTORNEY By: Page 7 of 7 m EL SEGUNDO CITY COUNCIL AGENDA STATEMENT AGENDA DESCRIPTION: MEETING DATE: December 18, 2012 AGENDA HEADING: Consent Agenda Consideration and possible action to award a Professional Services Agreement to the most responsible bidder for custodial /janitorial services for several City of El Segundo Facilities. (Fiscal Impact: To Be Determined) RECOMMENDED COUNCIL ACTION: 1. Award a Professional Services Agreement to the contractor determined to be the most responsible bidder for City of El Segundo Building Facilities. 2. Alternatively, discuss and take other possible action related to this item. ATTACHED SUPPORTING DOCUMENTS: None FISCAL IMPACT: To Be Determined Amount Budgeted: $144,300 Additional Appropriation: To be Determined Account Number(s): 301 - 400 - 2601 -6206 (Contrast Services) ORIGINATED BY: Floriza Rivera, Principal Engine&r REVIEWED BY: Stephanie Katsouleas, Public WorlCs Director 6k APPROVED BY: Greg Carpenter, City Manage BACKGROUND AND DISCUSSION: The current custodial contract with Bell Building Maintenance for various City facilities expires on January 20, 2012— In order to ensure that the City is receiving competitive rates and services, in November staff released a Request for Proposal (RFP) seeking a five -year custodial services contract. Proposals were due on December 11, 2012. At the time this report was prepared, staff still reviewing submittals to determine which of four responding vendors is the most qualified to provide the services requested. The four vendors who responded include: Zest Enterprise SpotLess Complete Services Bell Building Maintenance Co. Monarrez Maintenance Co. Due to the current contract's expiration date, the desired start date for the new contract and upcoming the holiday schedule, staff will need to finalize its review of the proposals within the next few days, check references and provide City Council with an updated award recommendation before or at the December 18, 2012 City Council meeting. 13 84 CITY OF EL SEGUNDO MEMORANDUM DATE: December 17, 2012 TO: Honorable Mayor and Members of the City Council Greg Carpenter, City Manager FROM: Stephanie Katsouleas, Director of Public Works RE: Staff Recommendation for Custodial /Janitorial Services for Several City of El Segundo Facilitates REFERENCE: December 18, 2012 City Council Agenda, Consent Item # 13 The current custodial contract with Bell Building Maintenance to clean various City facilities expires on January 20, 2013. In order to ensure that the City is receiving competitive rates and services, in November staff released a Request for Proposal (RFP) seeking a five -year custodial services contract. Proposals were due on December 11, 2012, and four vendors responded: Monarrez Maintenance Co. $118,920.00 Zest Enterprise $124,875.81 Bell Building Maintenance Co $126,768.00 SpotLess Complete Services $176,400.00 Staff has evaluated the submittals, contacted references, reviewed the current provider's performance, and recommends that City Council award a 5 -year maintenance agreement to Zest Enterprise, as the most qualified contractor for the services requested, at an annual cost of $124,875.81. Should the contract be awarded, the new contract will begin January 14, 2013 in order to provide a transition period between the new and current providers with no loss of service to the public or staff. The Fiscal Impact of this contract is $119,870.67 for Fiscal Year 2012 -2013. General Fund Savings would be $2,440.33 for the remainder of this Fiscal Year. EL SEGUNDO CITY COUNCIL AGENDA STATEMENT AGENDA DESCRIPTION: MEETING DATE: December 18, 2012 AGENDA HEADING: Consent Agenda Consideration and possible action to authorize the City Manager to execute an agreement, in a form approved by the City Attorney, with NRG to promote the Sustainable El Segundo energy conservation program (Fiscal Impact: None) RECOMMENDED COUNCIL ACTION: 1. Authorize the City Manager to execute an agreement between the City and NRG in a form approved by the City Attorney for the promotion of the Sustainable El Segundo program. 2. Alternatively, discuss and take other action related to this item. ATTACHED SUPPORTING DOCUMENTS: FISCAL IMPACT: None Amount Budgeted: $0 Additional Appropriation: N/A Account Number(s): ORIGINATED BY: Stephanie Katsouleas, Public Works Dire r REVIEWED BY: Stephanie Katsouleas, Public Works Director rko APPROVED BY: Greg Carpenter, City Manager BACKGROUND AND DISCUSSION: In the summer of 2011, NRG approached the City of El Segundo with a partnership offer to create a sustainable outreach program, focusing primarily on energy conservation initiatives for the City's residents and businesses. Since that time, NRG has taken many actions to create its program, including working with focus groups to establish program goals, meeting with major businesses in the City, promoting infrastructure upgrades and energy conservation, hosting outreach events and creating a new website and brand identity (Sustainable El Segundo). It is now recommended that the partnership be formalized through an agreement that outlines the commitments of both parties to the program. El Segundo's commitment includes: • Using City resources (e.g., water bill messaging, website, cable TV) to promote the Sustainable El Segundo program • Providing office and meeting space to NRG's representatives for program- related activities. • Providing other administrative support as may be necessary for program development and outreach to specific user groups. 14 85 Likewise, NRG's commitment includes: • Developing and marking the Sustainable El Segundo program, • Providing key staff support during program development and for outreach activities • Creating partnerships with El Segundo's community based organizations and utilities • Developing recommendations for sustainable energy infrastructure upgrades or enhancements • Developing and managing the Sustainable El Segundo website. • Developing additional funding resources for long-term program management. Both the City and NRG are excited about the partnership and energy conservation opportunities being developed for El Segundo's communities. Staff recommends that Council approve the partnership agreement in a form approved by the City Attorney and authorize the City Manager to sign the agreement. EL SEGUNDO CITY COUNCIL AGENDA STATEMENT AGENDA DESCRIPTION: MEETING DATE: December 18, 2012 AGENDA HEADING: Consent Agenda Consideration and possible action to adopt a resolution pursuant to Public Contracts Code § 20168 finding that an emergency exists within the City and authorizing the City Manager to execute a contract in a form approved by the City Attorney with Best Contracting Services to repair the Police Department roof without the need for bidding in accordance with Public Contracts Code § 22050. (Fiscal Impact: $7,950) RECOMMENDED COUNCIL ACTION: (1) Consider adopting a Resolution finding that an emergency exists and waiving bidding requirements pursuant to Public Contracts Code § 20168 and § 22050. (2) Authorize the City Manager to execute a standard public works contract, in a form approved by the City Attorney, with Best Contracting Services for the repair of the Police Department roof. (3) Alternatively, discuss and take other action related to this item. ATTACHED SUPPORTING DOCUMENTS: Best Contracting Services proposal Declaration of Emergency Resolution FISCAL IMPACT: Included in Adopted Budget Amount Budgeted: $ 7,950 Additional Appropriation: N/A Account Number(s): 405- 400 - 0000 -6215 ORIGINATED BY: Scott Doukakis, Lieutenant REVIEWED BY: Mitch Tavera, Chief of Police QMV-C3rA APPROVED BY: Greg Carpenter, City Manager ji BACKGROUND AND DISCUSSION: In August of 2000, the El Segundo Police Department Dispatch Center was completed. Just after the completion of the Dispatch Center, AT &T completed the installation of a wireless cellular site atop the Dispatch Center roof. Due to the nature of wireless cellular sites, constant maintenance needs to be completed on a regular basis, which has increased wear dramatically in and around the site. Also, the lack of ongoing maintenance has allowed several areas of the roof vulnerable to water penetration in several key areas, including the seams between the parapet walls, edging around the stairway and air conditioning unit along with open seams around other roof penetrations. 15 [-i7 Emergency Justification During recent rain storms, increasing water intrusion through the Dispatch Center roof has caused damage to flooring and ceiling tiles and is rapidly encroaching on our main server room, which houses our main file server, video server, sequel server, core router, switcher, video server, and telecommunication system. The cost to replace the critical infrastructure housed inside the server room would exceed several hundred thousand dollars. On October 23, 2012, Best Contracting Services completed a water penetration test and found several areas that were either the direct cause of the water intrusion into the Dispatch Center or were extremely vulnerable to future rain storms. Based on the water penetration test, Best Contracting Services proposed replacing the aging sealant between the parapet wall sections, resealing several roof penetrations and resealing around the air conditioning unit and stairwell. Best Contracting Service believes these repairs will extend the useful life of the roof an additional three to five years. Ordinarily, the Public Contract Code (PCC) requires formal bidding for all public works projects. PPC § 20168, however, allows the City Council to adopt a resolution by four -fifths vote "declaring that the public interest and the necessity demand the immediate expenditure of public money to safeguard life, heath and property." Pursuant to this section and PCC § 22050, the City Council may by -pass bidding requirements ordinarily required under the PCC. An "emergency" is defined as "a sudden, unexpected occurrence that poses a clear and imminent danger, requiring immediate action to prevent or mitigate the loss of life, health, property, or essential public services." Here, there is an imminent danger to both public health and property for several reasons including, without limitation: (1) the public would be severely impacted by limited police services if the police department's main server room went down, (2) the police department would not have access to internal records, communication, computer systems, video, or data, and (3) the potential loss of critical infrastructure inside the server room could exceed several hundred thousand dollars. Funding The cost to repair the Dispatch Center roof will not exceed $7,950. Staff is recommending that the City Council authorize the emergency repair out of the facilities maintenance account. Timeline Best Contracting Services indicated they would have the work completed within two days. INC�?Rl?RATTI]• Can5lN�414'B Contractor's License Number 456263 Page 1 of 6 Date: November 7, 2012 Ref: WO #2681 SERVICE WORK PROPOSAL Subject: Roof Repairs Proposal #: 628 Proposal For: Lieutenant Scott Doukakis Proposal No: 628 Company: El Segundo Police Station Phone: (310)524 -2226 .Address: 348 Main Street El Segundo, CA 90245 Fax: Q Project: WO #2681 Police Station El Segundo 348 Main Street, El Segundo, CA 90245 Email: soukakis @elseg ndo.org Project Address: Price: $7,950.00 Investigation findings: A controlled water test was performed at the reported leak areas over the main entrance door west side of building, near center of building, east side of building and north side of building. We also performed a controlled water test at the roof drains, parapet walls, equipment screen supports, roof top penetrations, HVAC units and general roof area. The controlled water test and leak investigation on the roof was completed on the El Segundo Police Department main roof new addition roof areas for this section of roof are approximately 5,976 square feet. There were several areas of water intrusion identified during the investigation; we found open seams at the metal edge on the North side of the A/C platform approximately 150 lineal feet. We found the existing expansion joint with open seams and aging sealants allowing water intrusion above the reported leak areas. We found metal edge detail along the stair way with open seams approximately 65 lineal feet. There were also numerous locations at roof penetrations, curbs and drain sump boxes with aging sealants and open corners. The overall condition of the gravel surfaced Built -up (BUR) system is in fair condition and with some minor roof repairs and maintenance the roof expectancy should be 3 to 5 years. The recommended scope of work is listed below for your review and consideration. SCOPE OF WORK: • Remove all loose debris from roof and roof drains areas and dispose of offsite. • Prep and clean areas of repairs by spudding the existing gravel on the north side of A/C platform, then cutting back membrane approximately 2'xl50 lineal feet. Removing the existing aging sealants on the parapet wall joints, base flashing's and drain sump boxes then priming and let dry. 19027 S HAMILTON AVE, GARDENA, CA 90248 u TEL: (310) 328 -6969 FAX: (310) 217 -8938 WEBSITE: WWW.BESTCONTRACTING.com BEST FAX PROJECT PROPOSAL FORM (REVISED AUGUST 6, 2005) A,i sl�ad'ratty Co[�si�►Yon9 Contractor's License Number 456263 Page 2 of 6 Date: November 7, 2012 Ref: WO #2681 SERVICE WORK PROPOSAL Subject: Roof Repairs Proposal #: 628 • Remove the existing clamping rings and prep and clean area approximately 3'x 3' in the field membrane around drain bowls to complete long term repairs. • Remove loose and fixed sealant to cold joints located on topsides of precast wall joints .furnish and install closed cell foam backer rod and apply polyurethane sealant • Reseal using a 3- course method to edge metal at stair way using a one part Alsan Flashing and a poly fleece approximately 65 lineal feet. • Furnish and install new EPDM membrane to approximately 60 lineal feet at the existing expansion joint above the reported leak areas. • Furnish and install new surface mount counter flashing to approximately 65 lineal feet of base flashings then seal using a urethane sealant. • Remove all debris accumulated from roof repairs and dispose of off site. INCLUSIONS: • Labor, (Prevailing WaLyes /Certified Payroll) material, equipment and supervision, including all applicable taxes required completing the project. EXCLUSIONS: 1. Drains, scuppers and crickets 2. All carpentry, electrical, HVAC- mechanical and plumbing 3. All sheet metal work and metal roofing 4. Deck preparation: (Tear -off, repair and replacement) 5. Asbestos abatement 6. Protection of completed roofing from construction traffic 7. All other work not specifically stated under the Scope of Work above NOTES: 1. Validity 30 days from date of proposal. 2. Prices are based on one continuous project. Should the project be interrupted at the clients instruction, there will be a charge o£ $1,250.00 /per each additional move -in. 3. Proposal price is based on executing this BEST Contracting Services, Inc. proposal, Terms and Conditions. Your acceptance of this proposal may be made by signing this proposal. 4. Under no circumstance will this proposal be performed under a client's Subcontract Agreement. 5. A copy of Best's Certificate of Insurance to complete the job will be issued covering General Liability, Auto, and Workman's Compensation. We will not provide Additional Insured Certificates for Service related work. 19027 S HAMILTON AVE, GARDENA, CA 90248 u TEL: (310) 328 -6969 FAX: (310) 217 -8938 WEBSITE: WWW.BESTCONTRACTING.com BEST FAX PROJECT PROPOSAL FORM (REVISED AUGUST 6, 2005) 90 l cila�t conskNGt4on Contractor's License Number 456263 Page 3 of 6 Date: November 7, 2012 Ref: WO #2681 SERVICE WORK PROPOSAL Subject: Roof Repairs Proposal #: 628 6. Upon receipt of our signed proposal (signed by an agent authorized to bind Contracts on behalf of your firm), or receipt of your Purchase Order, we will schedule the described work to be started. PAYMENT TERMS: INVOICE IS PAYABLE UPON RECEIPT. • Absolutely no retention is to be withheld from the contract price of this Service Order proposal. • All unpaid amounts will accrue interest at the annual rate of 10%. We appreciate the opportunity to submit this bid and look forward to working with you towards the successful completion of your project. Should you have any questions, please don't hesitate to contact me at: (310) 328 -6969 — Ext. 230 Respectfully Submitted: Mr. Gregory Allen Davis, Asst Service Mgr /Project Mgr BEST Contracting Services, Inc. 19027 S HANUTONAvE, GARDENA, CA 90248 u TEL: (310) 328 -6969 FAX: (310) 217 -8938 WEBSITE: WWW.BESTCONTRACTING.COM BEST FAX PROJECT PROPOSAL FORM (REVISED AUGUST 6, 2005) 91 ,_%. a+. K - Son %,, --. Contractor's License Number 456263 Page 4 of 6 Date: November 7, 2012 Ref: WO #2681 Price: $7,950.00 SPECIAL NOTE: SERVICE WORK PROPOSAL Subject: Roof Repairs Proposal #: 628 The construction industry is currently experiencing rapidly escalatingprlces and material availability problems relating to isocyanurate insulation, steel construction and asphalt -based roofingproducts. The availability and pricing of isocyanurate, steel and some roofing products is currently subject to sudden significant change beyond the control of the construction contractors: Because of the difficulty in obtainingfirm prices for isocyanurate, steel and petroleum -based products from its' suppliers, BEST Contracting Services, Inc. cannot provide fixed, firm prices for isocyanurate and steel products for future projects. If there is an increase in the price of isocyanurate, steel or petroleum -based products charged to BRW subsequent to making this proposal/contract, the price set forth in this proposal/ contract shall be increased to reflect the additional cost to BEST Contracting Services, Inc. upon BEST's submittal of written documentation of the increased charges. For projects performed after October 1, 2005, the California Code Title 24 Part 6, requires new roofing standards for buildings that are electrically air conditioned and have a roof slope of 2:12 or less. The spec f cations for the project in this proposal may or may not have been written to comply with this new law. If the specifications to which we submitted this proposal do not meet these new requirements a price increase may be necessary. Please call your BESTAccount Executive whose name appears on this proposal with any questions. Authorization to Proceed: The Terms and Conditions attached herewith are expressly incorporated into this proposal and form the contract between both parties. Please note that under no circumstance will this proposal be performed under a client's sub- contractor agreement if the value of this proposal is under $10,000.00. • Absolutely no retention is to be withheld from the contract price of this Service Work proposal. BY: DATE: COMPANY NAME PRINTED NAME & TITLE SIGNATURE 19027 S HAMILTON AVE, GARDENA, CA 90248 u TEL: (310) 328 -6969 FAX: (310) 217 -8938 WEBSITE: WWW.BESTCONTRACTING.com BEST FAX PROJECT PROPOSAL FORM (REVISED AUGUST 6, 2005) 92 ryp�4i �4i 4Sp,� ES %I CORPORAX +�Iry @ ®� �f"�Gattyt �an�tevct4a�5�� Contractor's License Number 456263 Page 5 of 6 Date: November 7, 2012 Ref: WO #2681 Main Office: 19027 S. Hamilton Avenue Gardena, CA 90248 Tel: (310) 328 -6969, Fax: (310) 212 -0693 Proposal Number: Project Name: Building Name: Jobsite Address: Proposed to (name) Company: Address: SERVICE WORK PROPOSAL Subject: Roof Repairs Proposal #: 628 Northern California Office: 29300 Pacific Avenue Hayward, CA 94544 Tel: (510) 886 -7240, Fax: (510) 886 -7322 GENERAL TERMS & CONDITIONS 628 WO #2681 Police Station El Segundo 348 Main Street, El Segundo, CA 90245 Lieutenant Scott Doukakis El Segundo Police Station 348 Main Street El Segundo, CA 90245 Conditions of Proposal: Acceptance of this proposal by Contractor shall be acceptance of all terms and conditions recited herein and shall supersede any conflicting term in any other contractor's document or project advertisement. Any of the Contractor's terms and conditions in addition or different from this proposal are objected to and shall have no effect. Contractor's agreement herewith shall be evidenced by Contractor listing BEST Contracting Services, Inc. in its bid documents or by permitting BEST Contracting Services, Inc. to commence work for this project. 1. Invoice is payable upon receipt. Absolutely no retention is to be withheld from the contract price of this Service Order proposal. 2. BEST Contracting Services, Inc. will carry workman's compensation insurance covering contractor's employees and liability insurance covering the operation of trucks and automobiles. BEST Contracting Services, Inc. will also take out and maintain General Liability Insurance. 3. Best Contracting Services, Inc., shall be given reasonable time in which to make delivery of materials and /or labor to commence and complete the performance of the contract. BEST Contracting Services, Inc., shall not be responsible for delays or defaults where occasioned by causes of any kind and extent beyond its control, including but not limited to: delays caused by the Owner, architect and /or engineers, delays in transportation, shortage of raw materials, civil disorders, labor difficulties, vendor allocations, fires, floods, accidents and acts of God. BEST Contracting Services, Inc., shall be entitled to equitable adjustment in the contract amount for additional costs due to unanticipated project delays or accelerations caused by others whose acts are not BEST Contracting Services, Inc.'s responsibility and to time extensions for unavoidable delays. 4. Work called for herein is to be performed during regular working hours. All work performed outside of such hours shall be charged for at the rates or amounts agreed upon by the parties at the time overtime is authorized. 5. Owner shall purchase and maintain risk insurance upon full value of the entire work and /or materials delivered to the job site, which shall include the interest of BEST Contracting Services, Inc. 6. BEST Contracting Services, Inc. will indemnify and hold harmless the Owner from damages only to the extent such damages, were caused by sole negligent act or omission of BEST Contracting Services, Inc. 7, If unexpected conditions are encountered during the work, or if the Owner, Owner's agent or any public body inspector directs additional or modifications to the work and the conditions adversely affect the cost or progress of work, BEST Contracting Services, Inc, will notify the Owner immediately, and the Owner will negotiate a change — order to resolve the unexpected condition. 8. The Owner shall grant free access to work areas for workers and vehicles and shall provide storage areas for storage of material and debris. BEST Contracting Services, Inc. shall not be liable for damage to driveways, walks, lawn and shrubs caused by movement of trucks, workers or equipment in discharging the contract. 19027 S HAMILTON AVE, GARDENA, CA 90248 u TEL: (310) 328 -6969 FAX: (310) 217 -8938 WEBSITE: WWW.BESTCONTRACTING.com BEST FAX PROJECT PROPOSAL FORM (REVISED AUGUST 6, 2005) 93 ry {w w+6AAGA'k*i �' . -fin I �Q,n _WC�C7E�P+LI TEL] �8� ��A�cibtt( Gans3nlCllan�r� Contractor's License Number 456263 Page 6 of 6 Date: November 7, 2012 Ref: WO #2681 SERVICE WORK PROPOSAL Subject: Roof Repairs Proposal #: 628 9. During the roofing project it is often necessary to raise pipes, conduit and air conditioning units to roof under them. BEST Contracting Services, Inc. will exert due diligence to handle these items with care, however, BEST Contracting Services, Inc. will not accept any liability for damage to pipes, conduits, air conditioners and ducting or other roof top mounted equipment which is raised or moved during the normal roofing activity, Similarly BEST Contracting Services, Inc. is not responsible for the operational condition of these items after reinstallation. 10. Foil or insulation attached between roof members on the underside of the roof deck can be disturbed during normal roof activities. BEST Contracting Services, Inc. will not accept any liability for condition of foil or insulation secured to the underside of the roof structure or other interior items, which may be dislodged or moved as a consequence of normal exterior roofing activities. Similarly, dirt and dust will fall into the building. It is incumbent upon the occupant to protect sensitive machinery, equipment, and inventory during this phase of the roofing project. 11. The Uniform Building Code and some city building codes specify that the roof is to have positive drainage. BEST Contracting Services, Inc. shall not be held responsible if the design or structure of the deck being roofed does not conform to these requirements with resulting standing water. 12. This document and all documents incorporated by reference constitute the parties' entire agreement. No other agreements, oral or written, regarding the work to be performed under this agreement exist between the parties. 13. This agreement shall be construed in accordance with and governed by, the laws of the state of California. 14. Unless the agreement specifically calls for the removal, disturbance, or transportation of asbestos containing material or other hazardous substances, the parties acknowledge that such work requires special procedures, precautions and /or licenses. If BEST Contracting Services, Inc. encounters such substances, BEST Contracting Services, Inc. will immediately stop work and take steps to institute the special procedures, licenses and precautions. Such work will be treated as a change under this contract. 15. BEST Contracting Services, Inc.'s equipment and work (except repairs) guaranteed for a period of one year from the date of substantial completion or use by the Contractor or the Contractor's customer, whichever is earlier. THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. The exclusive remedy shall be that BEST Contracting Services, Inc., shall replace or repair any part of its work, which is found to be defective. BEST Contracting Services, Inc., shall not be responsible for damage or defect caused by abuse, modifications not executed by BEST Contracting Services, Inc., improper or insufficient maintenance, improper operation or normal wear, tear and usage. 16. The prices given in all quotations are those currently in effect. In the event of price increase of material, supply, equipment, or energy occurring between the date of this proposal and the first day of performance of the contracted work through no fault of the BEST Contracting Services, Inc., the contract sum shall be equitably adjusted by change order(s) to reflect the price increase(s). NOTICE TO OWNER: Under the California Mechanic's Lien Law, any contractor, subcontractor, laborer, supplier, or other person or entity who helps improve your property, but is not paid for his or her work or supplies, has the right to place a lien on your home, land or property where the work was performed and to sue you in court to obtain payment. This means that after a court hearing, your home, land and private property can be sold by a court officer, and the proceeds of the sale used to satisfy what you owe. This can happen even if you have paid your contractor in full and if the contractor's subcontractors, laborers or suppliers remain unpaid. To preserve their rights to file a claim or lien against your property, certain claimants such as subcontractors or material suppliers are each required to provide you with a document "Preliminary Notice ". Contractors and laborers who contract with Owners directly do not have to provide such notice, since you are aware of their existence as an Owner. A preliminary notice is not a lien against your property. Its purpose is to notify you of persons and entities that may have a right to file a lien against your property if they are not paid. In order to protect their lien rights, a contractor, subcontractor, or laborer must file a mechanic's lien with the county recorder, which then becomes a recorded lien against your property. Generally the maximum time allowed for filing a mechanic's lien against your property is 90 days after substantial completion of your project. END OF DOCUMENT 19027 S HAMILTON AvE, GARDENA, CA 90248 u 'TEL: (310) 328 -6969 FAX: (310) 217 -8938 WEBSITE: WWW.BESTCONTRACTING.com BEST FAX PROJECT PROPOSAL FORM (REVISED AUGUST 6, 2005) 94 ,!. CITY OF EL SEGUNDO A W City Manager's Office DECLARATION OF EMERGENCY The City Manager finds: That conditions of extreme peril to the safety of persons and property have arisen within the City of El Segundo, caused by aging roof sealants and open seams on the Police Department roof. These conditions require an immediate response for the repair of the roof due to the proximity of water intrusions to the Police Departments secure server room housing critical infrastructure. These conditions of extreme peril warrant and necessitate the proclamation of the existence of a local emergency with regard to the El Segundo Police Department roof. Accordingly, pursuant to § 1 -7A -4 of the El Segundo Municipal Code, a local emergency is proclaimed to exist within the City of El Segundo. This action will be taken to the City Council for confirmation within seven days. City nager 1,2 - // -/,2 900 a4t. Date/Time 95 RESOLUTION NO. A RESOLUTION ADOPTED PURSUANT TO PUBLIC CONTRACTS CODE § 20168 FINDING THAT AN EMERGENCY EXISTS WITHIN THE CITY AND AUTHORIZING CONTRACTING WITHOUT THE NEED FOR BIDDING PURSUANT TO § 22050. The City Council does resolve as follows: SECTION 1: The City Council finds and declares as follows: A. Pursuant to Public Contracts Code ( "PCC ") § 20168, the City Council may, upon a four - fifths vote, declare that public interest and necessity demand the immediate expenditure of public money to safeguard life, health, or property because of an emergency. B. In accordance with PCC §§ 20168 and 22050, the City Council may repair or replace a public facility, take any directly related and immediate action required by that emergency, and procure the necessary equipment, services, and supplies for those purposes, without giving notice for bids to let contracts. C. During recent rain storms, increasing water intrusion through the Dispatch Center roof has caused damage to flooring and ceiling tiles and is rapidly encroaching on our main server room, which houses our main file server, video server, sequel server, core router, switcher, video server, and telecommunication system. The cost to replace the critical infrastructure housed inside the server room would exceed several hundred thousand dollars and would severely impact public services. D. In compliance with applicable law, and to protect public, health, safety and welfare, the City took immediate emergency action to repair the Dispatch Center roof. E. The water intrusion into the Dispatch Center constituted a sudden, unexpected occurrence that posed a clear and imminent danger to City property, and its citizens. This threat required immediate action to prevent or mitigate the loss or impairment of essential public services. F. Under such emergency conditions, the City Council finds that the delay resulting from public bidding would imperil essential public services. SECTION 2: In light of the emergency described above, the City Council directs the City Manager, or designee, to take all steps necessary to protect public health, safety and welfare including, without limitation, awarding contracts in accordance with PCC § 22050. Resolution No. Page 1 of 2 96 SECTION 3: This Resolution will become effective immediately upon adoption and remain effective unless superseded by a subsequent resolution. PASSED AND ADOPTED this day of 2012. Carl Jacobson, Mayor ATTEST_ Tracy Weaver, City Clerk APPROVED AS TO FORM: Karl H. Berger, City Attorney Resolution No. Page 2 of 2 97 EL SEGUNDO CITY COUNCIL AGENDA STATEMENT AGENDA DESCRIPTION: MEETING DATE: December 18, 2012 AGENDA HEADING: New Business Consideration and possible action regarding approval of a revised Residential Sound Insulation (RSI) Program map and a status report on the City's RSI Program. (Fiscal Impact: None) RECOMMENDED COUNCIL ACTION: 1. Approve a revised Residential Sound Insulation (RSI) Program map; and /or 2. Alternatively discuss and take other action related to this item. ATTACHED SUPPORTING DOCUMENTS: 1. Revised Residential Sound Insulation (RSI) Program map FISCAL IMPACT: Included in Adopted Budget Amount Budgeted: N/A Additional Appropriation: N/A Account Number(s): 116- 400 - 0000 -8960 ORIGINATED BY: James S. ONeill, Program Manag REVIEWED BY: Sam Lee, Director of Planning a d wild ing Safety M1 APPROVED BY: Greg Carpenter, City Manager BACKGROUND AND DISCUSSION: In 2012, construction was successfully completed at one hundred and forty -two (142) homes as part of the City of El Segundo's Residential Sound Insulation (RSI) Program. Contracts are already executed for construction at an additional 78 homes in 2013, with staff currently reviewing construction bids for an additional 50 homes as part of Groups 47 and 48. City staff is completing designs for yet 50 more homes that are expected to comprise Groups 49 and 50, with those also expected to have construction completed in 2013. 16 9-F • ame•;r.. ,;.',eau • I • ■ w isnuvmw • ■ W • I � , is No12xi HSym _.i is sroirrvv • l � U W b • IM r �! • N'f e� qWU �,�... a •.�°^ M- D- J = _ O A Y • ! R r �'. :.... . U Y W = w U • w r U 15 NIbW Ai nraowr �= N w o E v ! ! t W u F f j •_i r 1." si �sirs�l.w iiM � • • a � 2' � u �o J W •' F d S S a1 • N ❑ N 3 e r Ji4 a �u N ❑ Q F' oqV e� v m - Z IF N O O N 0 0 0 I 7 E j V I �M � o n a n E E n E I U O � J c N Q � J s W u r N 2 U m Q' C) W W r O N r0 W M1 r 0 a w ID z W O ■ I =' I a • s Q c) Q• u m z 99 N r N Q' C) W 0 0 a w z D z W O 0 0 a X LU c) 0 m z LU LL ® Z ® W W V% X W dx aa W V f W W 99 EL SEGUNDO CITY COUNCIL MEETING DATE: December 18, 2012 AGENDA ITEM STATEMENT AGENDA HEADING: Councilmember Bill Fisher AGENDA DESCRIPTION: Consideration and possible action adopt a resolution supporting the Earned Income Tax Credit EITC and the Volunteer Income Tax Assistance program. (Fiscal Impact: None) RECOMMENDED COUNCIL ACTION: Adopt the attached resolution; 2. Alternatively, discuss and take other action related to this item. ATTACHED SUPPORTING DOCUMENTS: Resolution FISCAL IMPACT: $ Amount Budgeted: N/A Additional Appropriation: N/A Account Number(s): PREPARED BY: REVIEWED BY: Bill Fisher, Council Member APPROVED BY: Greg Carpenter, City Manager BACKGROUND & DISCUSSION: The California State Board of Equalization is partnering with the Franchise Tax Board in presenting the 2013 Free Income Tax Preparation and Family Services initiative as part of the Volunteer Tax Assistant Program (VITA). The initiative assists thousands of Californians file their tax return, in addition to the tax preparation, the program assists in providing qualifying participants the opportunity to apply for and receive a broad range of much needed family services. More than $370 million in EITC remains unclaimed every year in Los Angeles County alone. This year qualified taxpayers who earn less then $51,000 may be eligible to receive a maximum of$5,891 in Earned Income Tax Credits (EITC). The EITC is a refundable credit, and unlike other available tax credits; the EITC is a direct cash payment which is added to any refund due to qualifying individuals. The tax credit benefits families and individuals as well as those communities where they reside. 17 100 Resolution No. Volunteer Income Tax Assistance Program/Earned Income Tax Credit WHEREAS, insufficient income contributes to many of the social and human service needs in our state; and, WHEREAS, the Federal Earned Income Tax Credit (EITC) provides tax relief and income support to low - income working families; and, WHEREAS, the EITC lifts millions of individuals out of poverty each year in the United States by supporting work and self - sufficiency while reducing the need for public assistance; and, WHEREAS, each year, the EITC helps approximately 284,000 households in California and brings more than $347 million into California's economy; and, WHEREAS, every year 800,000 families who qualify for EITC fail to apply for the credit representing a loss of $1.2 billion in increased income for local communities; and, WHEREAS, increasing the use of EITC by the qualified citizens of the City of El Segundo would help stimulate our local economy and increase access to millions of dollars in income; and, WHEREAS, every resident earning less than $51,000 a year may qualify for $5,891 in EITC which may be used to lower their taxes or increase their tax refund; and, WHEREAS, for every 1,000 residents who qualify and apply for EITC, it represents a potential $5.8 million in economic stimulus for our community; and, WHEREAS, increasing EITC utilization represents a highly cost - effective economic development strategy: and, NOW, THEREFORE, BE IT RESOLVED, that the Legislature of the City of El Segundo encourages the City Manager to identify and utilize existing and potential public /private partnerships to inform citizens about the availability of the Federal Earned Income Tax Credit and Volunteer Income Tax Assistance programs. BE IT FURTHER RESOLVED, that the City Council of the City of El Segundo does hereby encourage each city entity to work in partnership with private outreach campaigns to identify and utilize existing communications mechanisms to inform their employees and citizens about the availability of the EITC and VITA programs, which may include city publications, billing notices, websites, human resource materials and communications, correspondence, and forms from the City Business Tax and Fee department; and BE IT FURTHER RESOLVED, that the City Council of the City of El Segundo hereby directs the City Manager to place a public service announcement on the City's local cable show and to have VITA related posters, and brochures at City facilities including public libraries, city hall, and all public sites throughout the city; and, 101 BE IT FURTHER RESOLVED, that the City of El Segundo join the California State Board of Equalization, Franchise Tax Board, Internal Revenue Service and Jerome E. Horton, Chairman to the California State Board of Equalization in advocating the Earned Income Tax Credit and the Volunteer Income Tax Assistance Program to qualified families and individuals. SECTION 5: The City Clerk will certify to the passage and adoption of this Resolution and enter it into the book of original resolutions. SECTION 6: This Resolution will become effective immediately upon adoption. PASSED AND ADOPTED this 19'h day of December, 2012. ATTEST: Tracy Weaver, City Clerk r' APPROVED AS Mark D LN Attorney Carl Jacobson, Mayor 102 EL SEGUNDO CITY COUNCIL AGENDA STATEMENT AGENDA DESCRIPTION: MEETING DATE: December 18, 2012 AGENDA HEADING: Mayor Carl Jacobson Consideration and possible action regarding the annual request of Mr. S. Claus for variances from the Municipal Code. RECOMMENDED COUNCIL ACTION: Approve request by Mr. S. Claus for a waiver of the permits required for doing business within the City of El Segundo as follows: 1. The use of air rights and waiver of the Santa Monica Radial 160 R procedure; 2. Grant a free business license for a non - profit organization; 3. Waiver of the Noise Ordinance to permit the sound of bells; 4. Waiver of the Trespass Ordinance including dealing with trespassing animals; 5. Waiver of the ordinance on Animal Regulations. FISCAL IMPACT: None Additional Appropriation: N/A Account Number(s): REVIEWED BY: Mayor Carl Jacobson APPROVED BY: Greg Carpenter, City Manager BACKGROUND AND DISCUSSION: Were Mr. S. Claus required to take the time to obtain all of the necessary permits, there would many unhappy boys and girls in El Segundo. In order to expedite the timely delivery of presents, Council should waive the fees and permits required. i 103