2018 Jul 17 - CC PACKET r
AGENDA
a EL SEGUNDO CITY COUNCIL
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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.
MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, JULY 17, 2018 — 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.
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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 sem.) for the purposes of
conferring with the City's Real Property Negotiator; and/or conferring with the City
Attorney on potential and/or existing litigation; and/or discussing matters covered under
Government Code Section §54957 (Personnel); and/or conferring with the City's Labor
Negotiators; as follows:
CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Gov't Code
§54956.9(d)(1): -0- matters
CONFERENCE WITH LEGAL COUNSEL —ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to Government Code §54956.9(d)(2): -1-
matters.
Initiation of litigation pursuant to Government Code §54956.9 (d)(4): -1- matters.
DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957): -1- matters
1. Public Employee Performance Evaluation
Title: City Manager
APPOINTMENT OF PUBLIC EMPLOYEE (Gov't. Code § 54957): -0- matter
PUBLIC EMPLOYMENT (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): -8-
matters
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1. Employee Organizations: Police Management Association; Police Officers
Association; Police Support Services Employees Association; Fire Fighters
Association; Supervisory, Professional Employees Association; City Employee
Association; and Executive and Management/Confidential Employees
(unrepresented groups).
Agency Designated Representative: Irma Moisa Rodriquez, City Manager, Greg
Carpenter and Human Resources Director.
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AGENDA
_,- EL SEOUNDO 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, JULY 17, 2018 - 7:00 P.M.
7:00 P.M. SESSION
CALL TO ORDER
INVOCATION — Pastor George Lopez, The Bridge Church
PLEDGE OF ALLEGIANCE — Mayor Pro Tem Pirsztuk
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PRESENTATIONS
a) Proclamation — July is Parks Make Life Better Month
b) Presentation — New Police Officer, Josh Gilberts
ROLL CALL
PUBLIC COMMUNICATIONS — (Related to Citv Business Only — 5 minute limit per
person, 30 minute limit total) Individuals who have received value of$50 or more to communicate
to the City Council on behalf of another, and employees speaking on behalf of their employer, must so
identify themselves prior to addressing the City Council. Failure to do so shall be a misdemeanor and
punishable by a fine of$250. While all comments are welcome, the Brown Act does not allow Council to
take action on any item not on the agenda. The Council will respond to comments after Public
Communications is closed.
CITY COUNCIL COMMENTS — (Related to Public Communications)
A. PROCEDURAL MOTIONS
Consideration of a motion to read all ordinances and resolutions on the
Agenda by title only.
Recommendation —Approval.
B. SPECIAL ORDERS OF BUSINESS (PUBLIC HEARING)
1. Consideration and possible action regarding Environmental Assessment
No. 1203, and Zone Text Amendment No. 18-02 to amend certain sections
of the EI Segundo Municipal Code pertaining to outdoor dining, allowed
setback encroachments, and required parking for accessory uses in the
Light Industrial (M-1) zone.
Pursuant to the provisions of the California Environmental Quality Act, the
proposed zone text amendment is not subject to CEQA pursuant to Section
15060(c)(2) of the State CEQA Guidelines because it will not result in a
direct or reasonably foreseeable indirect physical change in the
environment. Address: Light Industrial (M-1) Zone of EI Segundo.
(Fiscal Impact: None with this action.)
Recommendation — 1) Conduct a public hearing; 2) Take testimony and other
evidence as presented; 3) Introduce an Ordinance (Zone Text Amendment No.
ZTA 18-02) amending the Light Industrial section of the EI Segundo Municipal
Code; 4) Schedule second reading and adoption of the Ordinance for August 7,
2018; 5) Alternatively, discuss and take other possible action related to this item.
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C. UNFINISHED BUSINESS
2. Consideration and possible action to continue the discussion of the Social
Host Liability Ordinance.
(Fiscal Impact: None)
Recommendation — 1) Postpone discussion of the proposed Social Host Liability
Ordinance to the August 21, 2018, City Council meeting; 2) Alternatively, discuss
and take other possible action related to this item.
3. Consideration and possible action to (1) determine the scope of services
and schedule for the Residential Solid Waste Collection Request for
Proposals, (2) receive an update on the development of a Proposition 218
ballot to establish a maximum $20 monthly fee upon eligible residential
dwellings for solid waste collection services, and (3) authorize the City
Manager to execute an amendment to the Franchise Agreement with
Republic Services to continue providing services under the current
Agreement on a month-to-month basis for up to six months (through April
30, 2019).
(Fiscal Impact: To Be Determined)
Recommendation — 1) Determine the scope of services and schedule for the
Residential Solid Waste Collection Request for Proposals; 2) Receive an update
on the development of a Proposition 218 ballot to establish a maximum $20
monthly fee upon eligible residential dwellings for solid waste collection services;
3) Authorize the City Manager to execute an amendment to the Franchise
Agreement with Republic Services to continue providing services under the
current Agreement on a month-to-month basis for up to six months (through April
30, 2019); 4) Alternatively, discuss and take other possible action related to this
item.
D. REPORTS OF COMMITTEES, COMMISSIONS AND BOARDS
4. Consideration and possible action to adopt a resolution revising the
Environmental Committee By-Laws.
(Fiscal Impact: None)
Recommendation — 1) Adopt a resolution amending the Environmental
Committee's By-Laws; 2) Alternatively, discuss and take other possible action
related to this item.
5. Consideration and possible action to announce the appointments to the
Library Board of Trustees and Economic Development Advisory Council.
(Fiscal Impact: None)
Recommendation — 1) Announce the appointees; 2) Alternatively, discuss and
take other possible action related to this item.
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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.
6. Warrant Numbers 3021645 through 3021828 and 9000453 through 9000454
on Register No. 18 in the total amount of $1,163,386.12 and Wire Transfers
from 6/11/18 through 6/24/18 in the total amount of $2,220,135.71 and
Warrant Numbers 3021829 through 3021991 and 9000455 through 9000492
on Register No. 19 in the total amount of $828,040.65 and Wire Transfers
from 6/25/18 through 7/8/18 in the total amount of $1,000,321.75
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.
7. Special City Council Minutes of June 13, 2018 (2 sets - Continued meeting
regarding Social Host Ordinance and Strategic Planning Session) Regular
City Council Meeting Minutes of June 19, 2018 and Special City Council
Minutes of June 25, 2018.
Recommendation — 1) Approval
8. Consideration and possible action to adopt a Resolution approving Plans
and Specifications for the Water Main Improvement on Cedar Street and
Walnut Avenue, Project No. PW18-10.
(Fiscal Impact: To Be Determined)
Recommendation — 1) Adopt the attached Resolution approving Plans and
Specifications for Water Main Improvements on Cedar Street and Walnut
Avenue. (Project No. PW 18-10); 2) Alternatively, discuss and take other possible
action related to this item.
9. Consideration and possible action to (1) adopt a Resolution approving
Plans and Specifications for the Library Wi-Fi and Reading Lounge
Renovation Project, (2) Authorize staff to purchase library-approved
furniture in the amount not to exceed $66,246.05. Project No. PW 18-04.
(Fiscal Impact: To Be Determined)
Recommendation — 1) Adopt the attached Resolution approving Plans and
Specifications for the Library Wi-Fi and Reading Lounge Renovation Project
(Project No. PW 18-04) and authorize advertising for bids; 2) Pursuant to EI
Segundo Municipal Code 1-7-9C, waive the bidding process and authorize the
City Manager to issue a purchase order with J.K. Miklin Inc. dba Yamada
Enterprises piggybacking on an existing County of San Bernardino FAS Standard
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Contract No. 16-153 to purchase furniture in the amount not to $66,246.05; 3)
Approve transferring $46,000 from 001-400-6101-4101(Library Salary Fulltime)
to 301-400-8201-8417 (Library Wi-Fi Zone); 4) Authorize the City Manager or
designee to repurpose, sell, or auction the Library's old furniture/bookshelves
that will no longer apply to the project's improvement; 5) Alternatively, discuss
and take other possible action related to this item.
10.Consideration and possible action to terminate the Residential Sound
Insulation (RSI) Program and authorize the City Manager to take any
actions needed to terminate the program, including but not limited to: 1)
terminate existing agreements and notify applicable residents, 2) eliminate
the RSI Manager position, and 3) direct staff to work with Los Angeles
World Airport (LAWA) to transition to take over the responsibility of
treating the remaining applicable homes.
(Fiscal Impact: $50,000)
Recommendation — 1) Terminate the Residential Sound Insulation (RSI)
Program; 2) Authorize the City Manager to take any actions needed to effectuate
the termination of the program, including but not limited to: 1) terminate existing
agreements and notify applicable residents, 2) eliminate the RSI Manager
position, and 3) direct staff to work with Los Angeles World Airport (LAWA) to
transition to take over the responsibility of treating remaining applicable
residents; 4) Alternatively, discuss and take other possible action related to this
item.
11.Consideration and possible action to receive and file report on revised
Scope of Work to the Los Angeles County Metropolitan Transit Authority
(Metro) related to a pending Transit Oriented Development Planning Grant
and Metro's response.
(Fiscal Impact: None)
Recommendation — 1) Receive and file report regarding pending Metro grant; 2)
Alternatively, discuss and take other possible action related to this item.
F. NEW BUSINESS
12.Consideration and possible action to receive a presentation by both staff
and a representative of the Bird Scooter Company on the impact of the Bird
Scooters (motorized scooters that people pay to ride — they are operated
from a standing position similar to a skateboard with handlebars) within
the EI Segundo Community.
(Fiscal Impact: Unknown)
Recommendation — 1) Receive and file presentation; 2) Provide direction to staff
with regard to whether to continue to allow Bird to continue its operations as it
affects City property; 3) Alternatively, discuss and take other possible action
related to this item.
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13.Consideration and possible action to adopt a policy for City elected and
appointed officials regarding electronic communications related to City
business.
(Fiscal Impact: $5,000.00 initial set-up fee and $5,000.00 annually)
Recommendation — 1) Consideration and possible action to adopt a resolution,
adopting the Elected Officials, Committees, Commissions and Boards Electronic
Communications Policy; 2) Alternatively, discuss and take other possible action
related to this item.
G. REPORTS — CITY MANAGER
H. REPORTS — CITY ATTORNEY
I. REPORTS — CITY CLERK
J. REPORTS — CITY TREASURER
K. REPORTS — CITY COUNCIL MEMBERS
Council Member Pimentel —
Council Member Nicol —
Council Member Brann —
Mayor Pro Tem Pirsztuk —
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Mayor Boyles —
14.Consideration and possible action to send a letter of support of the South
Bay Cities Council of Governments' (SBCCOG) to Metro for their planned
modifications of the Green Line service.
(Fiscal Impact: None)
Recommendation — 1) Discuss whether or not the City Council should send a
letter of support of the SBCCOG's opposition for Metro for their planned
modifications to Green Line service; 2) Alternatively, discuss and take other
possible action related to this item.
PUBLIC COMMUNICATIONS — (Related to Citv Business Onlv — 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 sem.) for the purposes of conferring with the City's Real Property
Negotiator; and/or conferring with the City Attorney on potential and/or existing litigation; and/or
discussing matters covered under Government Code Section §54957 (Personnel); and/or conferring with
the City's Labor Negotiators.
REPORT OF ACTION TAKEN IN CLOSED SESSION (if required)
ADJOURNMENT
POSTED:
DATE:
TIME: 0
s
NAME: 0
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rortamatt" 011
CCitp of (91 *egunbo, California
WHEREAS, parks and recreation programs are an integral part of communities throughout this
country, including the City of El Segundo; and
WHEREAS, our parks and recreation are vitally important to establishing and maintaining the
quality of life in our communities, ensuring the health of all citizens, and
contributing to the economic and environmental well-being of a community and
region; and
WHEREAS, parks and recreation programs build healthy, active communities that aid in the
prevention of chronic disease, provide therapeutic recreation services for those who
are mentally or physically disabled, and also improve the mental and emotional
health of all citizens; and
WHEREAS, parks and recreation programs increase a community's economic prosperity through
increased property values, expansion of local tax base, increased tourism, the
attraction and retention of businesses, and crime reduction; and
WHEREAS, parks and recreation areas are fundamental to the environmental well-being of our
community; and
WHEREAS, parks and natural recreation areas improve water quality, protect groundwater,
prevent flooding,improve the quality of the air we breathe,provide vegetative buffers
to development, and produce habitat for wildlife; and
WHEREAS, our parks and natural recreation areas ensure the ecological beauty of our
community and provide a place for children and adults to connect with nature and
recreate outdoors; and
WHEREAS, the City of El Segundo recognizes the benefits derived from parks and recreation
resources.
NOW,THEREFORE, on this 17th day of July, 2018, the Mayor and the Members the City Council of
the City of El Segundo, California hereby proclaims the month of July 2018 as Parks and
Recreation Month and in doing so, urges all its citizens to use and enjoy its parks, trails, open
space, facilities, and recreation opportunities.
9Vayor Drew Boyfes
9tayorPro Tem Caro(Pirsauk CouncdWem6er Dr. loon Brann
Counci(Wem6erChris Pimente( Counci(94em6erScot Xico(11
EL SEGUNDO CITY COUNCIL MEETING DATE: July 17, 2018
AGENDA STATEMENT AGENDA HEADING: Public Hearing
AGENDA DESCRIPTION:
Zone Text,Amendment to the Light Industrial Zone
Consideration and possible action regarding Environmental Assessment No. 1203, and Zone Text
Amendment No. 18-02 to amend certain sections of the El Segundo Municipal Code pertaining to
uses, allowed setback encroachments, and required parking for accessory uses in the Light
Industrial (M-1) zone.
Pursuant to the provisions of the California Environmental Quality Act, the proposed zone text
amendment is not subject to CEQA pursuant to Section 15060(c)(2)of the State CEQA Guidelines
because it will not result in a direct or reasonably foreseeable indirect physical change in the
environment.
Address: Light Industrial (M-1) Zone of El Segundo
(Fiscal Impact: None with this action)
RECOMMENDED COUNCIL ACTION:
1. Conduct a public hearing;
2. Take testimony and other evidence as presented; and,
3. Introduce an Ordinance (Zone Text Amendment No. ZTA 18-02) amending the Light
Industrial section of the El Segundo Municipal Code;
4. Schedule second reading and adoption of the Ordinance for August 7, 2018; and/or
5. Alternatively, discuss and take other possible action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
1. Proposed Ordinance No.
2. Planning Commission Resolution No. 2839
3. Planning Commission Staff Report, dated June 14, 2018 (without attachments)
4. Draft plans and renderings
5. Zoning Map
FISCAL IMPACT: None
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
STRATEGIC PLAN:
Goal: Champion Economic Development and Fiscal Sustainability
Objective: The City will implement a comprehensive economic development strategy
to ensure the City encourages a vibrant business climate that is accessible,
user-friendly and welcoming to all residents and visitors.
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�* 0_1
ORIGINATED BY: Gregg McClain, Planning Ma.nag
REVIEWED BY: Sam Lee, Planning & Building afety Director
APPROVED BY: Greg Carpenter, City Manager
INTRODUCTION/BACKGROUND
The proposed amendments are a result of a request by the owners of 2333 Utah Avenue,
and includes amending three sections of the El Segundo Municipal Code ("ESMC")
regarding the Light Industrial zone. On June 14, 2018, the Planning Commission
conducted a public hearing to consider the amendments to the Zoning Code related to the
requirements for outdoor dining areas; reducing the required setbacks; and, revising how
parking requirements for accessory uses are tabulated. After discussing the proposed
amendments, the Planning Commission on a 4-0 voter adopted Resolution No. 2839
(attached) recommending that the City Council approve the zone text amendments. Since
the project includes amending the city's Zoning Code, the City Council is the decision-
making body. Therefore, it is now before the City Council for consideration.
DISCUSSION:
ZONE TEXT AMENDMENT
The M-1 zone is comprised of approximately 325 acres in the eastern quadrants of the City,
and is primarily developed with industrial, manufacturing and office uses, as allowed by
the Zoning Code. There are three sections in the Code that are proposed to be amended by
this application, and are all limited to the M-1 zone.
Outdoor Dining
The first is the removal of the Conditional Use Permit requirement for outdoor dining areas
that exceed 200 square feet. Approval of this code amendment would result in CUPS no
longer being required for outdoor dining areas in the M-1 Zone, which Staff believes is
prudent for the following reasons:
1) The City has historically approved all requests for outdoor dining areas;
2) The CUP process costs the applicant several thousand dollars in the preparation of
submittal requirements and in fees;
3) Outdoor dining is generally considered to be a sign of life in an urban setting; and,
4) A relaxed allowance gives greater flexibility to property owners who wish to add on-
site amenities in otherwise amenity-poor areas.
Although the M-1 zone is intended primarily for industrial uses, there is an increasing
demand for office space, which carries a higher employee population. As the daytime
' The Planning Commission is currently comprised of four members due to the election of Planning Commissioner
Scot Nicol,to the City Council,
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population increases, so does the demand for nearby amenities, including dining options.
Given that both offices and restaurants are already permitted by right in the M-1 zone, staff
believes that it would be a catalyst for the M-1 zone if the City were to remove hindrances
for eating establishments with outdoor dining.
M-1 Setback Encroachments
The next section recommended to be amended is to the permitted setback encroachments.
The recommendation includes allowing outdoor dining areas to encroach into setbacks,
provided that a minimum 5-foot setback is maintained to the property line. These areas
would be permitted to be covered by non-solid trellises, pergolas, retractable awnings or
other similar covers. These encroachments are consistent with the development standards
for the properties in the adjacent MU-S zone that were adopted in 2016 and facilitated the
development of the Apollo Landing project on Rosecrans Avenue, which contains outdoor
dining areas within the setbacks of the property. Thus, Staff believes that the amendment
will provide for enhanced building features and amenities, which will bring more
pedestrian activity outside the buildings and closer to the street, thereby improving the
appearance and feel of the environment. Lastly, the amendment would provide property
owners within the zone with the ability to utilize large portions of their land,thus activating
their frontages and enlivening the street, resulting in improved appearance, enhanced
amenities within walking distance of workplaces, and a more pedestrian-friendly
environment.
Required Parking for Accessory Uses
The last section recommended to be amended is related to the permitted accessory uses and
the associated required parking. In every zone,the first permitted accessory use reads"Any
use customarily incidental to a permitted use." Staff proposes that this be modified to read:
"Any permitted use, or any use customarily incidental to a permitted use." Although this
is currently applied in practice, staff believes it is necessary that this be stated explicitly
because the proposed amendment involves parking requirements for accessory uses. It is
proposed that accessory uses be parked at the rate of the primary use of the property. Staff
proposes that this reduction on parking for accessory uses be limited to an area not to
exceed 20 percent of the gross floor area of the building. This would provide needed
flexibility to property owners who wish to diversify the use of their buildings, as well as
provide their employees with amenities without being faced with parking requirements.
For example, this change would allow a building to have a small accessory use (such as a
cafd) without the need to provide for the additional required parking.
ENVIRONMENTAL REVIEW:
The proposed zone text amendment is not subject to CEQA pursuant to Section 15060(c)(2)
of the State CEQA Guidelines because it will not result in a direct or reasonably foreseeable
indirect physical change in the environment.
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ORDINANCE NO.
AN ORDINANCE AMENDING EL SEGUNDO MUNICIPAL CODE
SECTION 15-2-7 AND CHAPTER 15-6A TO: REMOVE THE
REQUIREMENT THAT OUTDOOR DINING AREAS OBTAIN A CUP IN
THE M-1 ZONE; REDUCE THE REQUIRED SETBACKS FOR OUTDOOR
DINING AREAS IN THE M-1 ZONE; AND, REVISE HOW PARKING
REQUIREMENTS FOR ACCESSORY USES ARE TABULATED IN THE
M-1 ZONE.
ZONE TEXT AMENDMENT 18-02
The City Council of the city of EI Segundo does ordain as follows:
SECTION 1: The Council finds and declares as follows:
A. On March 8, 2018, Mike Jones submitted an application to amend Title 15
of the Municipal Code in order to allow the construction of a 2,262 square-
foot outdoor dining area in the front-yard setback of 2333 Utah Avenue;
B. The project applications were reviewed by the City's Planning and Building
Safety Department for, in part, consistency with the General Plan and
conformity with the EI Segundo Municipal Code ("ESMC");
C. The City reviewed the project's environmental impacts under the California
Environmental Quality Act (California Public Resources Code §§ 21000, et
seq., "CEQA") and the regulations promulgated thereunder (14 California
Code of Regulations §§ 15000, et seq., the "CEQA Guidelines");
D. On June 14, 2018, the Planning Commission held a public hearing to
receive public testimony and other evidence regarding the application
including information provided by city staff; and, adopted Resolution No.
2839 recommending that the City Council approve the proposed
amendments;
E. On July 17th. 2018, the City Council held a public hearing and considered
the information provided by City staff and public testimony regarding this
Ordinance; and
F. This Ordinance and its findings are made based upon the entire
administrative record including testimony and evidence presented to the
City Council at the public hearing and the staff report submitted by the
Planning and Building Safety Department.
SECTION 2: Factual Findings and Conclusions. The Commission finds that the following
facts exist:
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A. The property is currently developed with a 46,703 square foot industrial
building that is in the process of converting almost entirely to office use.
B. The proposed cafe is proposed to cover 1,690 net square feet of interior
and 2,262 square feet of outdoor area.
C. The zone is intended to provide for the location and grouping of light
industrial activities, research, and technological processes, related offices,
and auxiliary uses performing support services for existing and permitted
establishments, companies or business firms within the zone.
D. "Restaurant" is a permitted primary use and a permitted accessory use. The
allowance helps fulfill the purpose of the zone by providing for the possibility
of auxiliary uses that perform support service for employees in the area.
E. Zone Text Amendment No. 18-02 amends Section 15-2-7 (General
Provisions) by allowing outdoor dining areas be permitted to come within
five feet of property lines in the M-1 Zone.
F. Zone Text Amendment No. 18-02 amends Section 15-6A (Light Industrial
Zone) by 1) removing the requirement that outdoor dining areas greater
than 200 square feet obtain a conditional use permit, 2) codifying staff's
current practice of allowing permitted uses as accessory uses, and 3)
limiting allowance of accessory uses to be parked at the rate of the primary
use of the building to an area not greater than twenty percent of its gross
floor area.
SECTION 3: General Plan Findings. As required under Government Code § 65454 the
proposed amendment of the Light Industrial (M-1) zone is consistent with the City's
General Plan as follows:
A. Goal LU-1: Maintain EI Segundo's "small town" atmosphere, and
provide an attractive place to live and work.
The proposed amendment allows the possibility for a more attractive work
environment for those who work in and near the M-1 zone by facilitating
outdoor dining spaces, which serve as convenient and pleasant amenities
to workers and visitors. Further, these spaces result in gatherings of people
in publically visible places in parts of the city that are oftentimes devoid of
human activity.
B. Objective LU4-4: Provide areas where development has the flexibility
to mix uses, in an effort to provide synergistic relationships which
have the potential to maximize economic benefit, reduce traffic
impacts, and encourage pedestrian environments.
The allowance of dining areas within setbacks of M-1 zoned properties
provides this flexibility. Currently there are very few eateries or casual
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gathering areas within these parts of the City. The amendment will allow
large outdoor gathering areas specifically as amenities for employees and
for those who work within walking distances. Since these dining areas will
cater to the workforce that is already present onsite or near the sites, there
would be a reduction of vehicle trips since workers would not have to drive
to other parts of the city.
C. Policy LU5-3.1 Revitalize and upgrade industrial areas which contain
aesthetic or functional deficiencies in such areas as landscaping, off-
street parking, or loading areas.
Aesthetic deficiencies persist within the M-1 zone, despite much of it being
in compliance with current code. The allowance of street-front patios offers
property owners a low-cost opportunity to activate their existing frontages
with human activity, thus creating a more inviting environment and
improving the aesthetic quality of the building and the street.
SECTION 4: Zone Text Amendment Findings. In accordance with ESMC § 15-26-4 and
based on the findings set forth in Section 2, the proposed Zone Text Amendment is
consistent with the goals, policies, and objectives of the General Plan as follows:
A. The amendments are consistent with the purpose of the ESMC, which is to
serve the public health, safety, and general welfare and to provide the
economic and social advantages resulting from an orderly planned use of
land resources. In addition, it is consistent with the purpose of the Light
Industrial (M-1) Zone in that it allows for greater flexibility for "auxiliary uses
[which seek to] perform support services for existing and permitted
establishments."
B. The amendments are necessary to facilitate the development process and
ensure the orderly establishment of new uses and the development of
outdoor dining areas in the M-1 Zone that are compatible with surrounding
properties and the public right-of-way.
SECTION 5: Title 15, Chapter 2, Section 7 (General Provisions) of the EI Segundo
Municipal Code is amended as follows:
E. Urban Mixed Use South (MU-S) and Light Industrial (M-1) Zone : In
addition to other encroachments in nonresidential zoning districts, stairs;
pedestrian ramps; and related safety guardrails; patios, decks, and similar outdoor
areas used as gathering spaces; and outdoor dining areas, may be located within
setback areas as follows:
1. Stairs, pedestrian ramps, and related safety guardrails must maintain at
least a three foot (3') distance to a lot line.
Page 3 of 6
17
2. Patios, decks, and similar outdoor areas used as gathering spaces, and
outdoor dining areas must be enclosed by walls, fences, and/or hedges.
These may be up to three feet six inches (3'6") in height and maintain at
least a five foot (5') distance to a property line. Walls, fences, and/or hedges
may exceed three feet six inches (3'6") in height, provided that the portion
exceeding three feet six inches (3'6") in height is of a transparent or
translucent material, subject to the review and approval of the Director of
Planning and Building Safety. These areas may be covered by a nonsolid
trellis or pergola; or by a retractable awning, large umbrella or other similar
nonpermanent cover which provides protection from rain, subject to the
approval by the Director of Planning and Building Safety.
SECTION 6: Title 15, Chapter 6A, Section 3 (Permitted Accessory Uses in M-1) of the EI
Segundo Municipal Code is amended as follows:
PERMITTED ACCESSORY USES:
A. Any i)errnitted use, or anv use customarily incidental to a permitted use.
B. Cafes.
C. Outdoor dininq areas pursuant to the standards contained in Section 15-2-7E
Drive-through or walk-up services, including financial operations, but excluding
drive-through restaurants.
9-.E. Open storage of commodities sold or utilized on the premises.
Other similar uses approved by the Director of Community, Economic and
Development Services, as provided by chapter 22 of this title.
SECTION 7: Title15, Chapter 6, Article A, Section 5 (Conditionally Permitted Uses in M-
1):
The following uses shall be allowed subject to obtaining a conditional use permit, as
provided by chapter 23 of this title:
A. Any use permitted in the MU, CO, C-3, C-2 and C-RS Zones, except residential uses
and sexually oriented businesses.
Page 4 of 6
18
B. Animal boarding.
C. Dog daycare (outdoor).
D. Drive-through restaurants.
E. Freight forwarding, transfer, trucking yards or terminals.
F. Helicopter landing facilities subject to the provisions of section 15-2-13 of this title.
E.-Outdoor--ekning-areas--for-restaL+r,ants -&x-rept-safe-s.-tiiat-a--e-4arrd --t4ian-two
hundred-2-00) square feet
G14. Service stations, if a 500') minimum distance from any residential
zoned property is provided. This distance criteria does not apply to properties east of
Sepulveda Boulevard.
Other similar uses approved by the Director, as provided by chapter 22 of this title.
SECTION 8: Title15, Chapter 6, Article A, Section 7, Part D:
1. Front Yard: 25-foot minimum. Encroachments are allowed pursuant to
Sections 15-2-7 and 15-2-14133.. Off�reet-par-k ng aril-Qutdr�a�dWng-m- ay
enG�aoh--upe A.he.-r,equir�G�t -k a fe a but may nrt�rvr-cda-iirnW3h the setbac*
arean''i m m inish--threquire niount-$f 4a ndscr plfigv
SECTION 9: Title15, Chapter 6A, Section 3
An area equivalent to 20% of the gross floor area of the building that is devoted to
accessory use(s) may be parked at the rate of the buildinq's primary use, in cases
of uncertainty or ambiguity, the director will determine whether an area is
accessory.
SECTION 10: 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.
Page 5 of 6
19
SECTION 11: The City Clerk is directed to certify the passage and adoption of this
Ordinance; cause it to be entered into the City of EI Segundo's book of original
ordinances; make a note of the passage and adoption in the records of this meeting; and,
within 15 days after the passage and adoption of this Ordinance, cause it to be published
or posted in accordance with California law.
SECTION 12: This Ordinance will become effective on the 31 st day following its passage
and adoption.
PASSED AND ADOPTED this 17th day of July, 2018.
Drew Boyles, Mayor
APPROVED AS TO FORM:
Mark D. Hensley, City Attorney
ATTEST:
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO )
I, Tracy Weaver, City Clerk of the City of EI 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 2018, 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 2018, and the same
was so passed and adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Tracy Weaver, City Clerk
Page 6 of 6
20
RESOLUTION NO. 2839
A RESOLUTION RECOMMENDING THAT THE CITY COUNCIL ADOPT
AN ORDINANCE AMENDING EL SEGUNDO MUNICIPAL CODE
SECTION 15-2-7 AND CHAPTER 15-6A TO: REMOVE THE
REQUIREMENT THAT OUTDOOR DINING AREAS OBTAIN A
CONDITIONAL USE PERMIT IN THE M-1 ZONE; REDUCE THE
REQUIRED SETBACKS FOR OUTDOOR DINING AREAS IN THE M-1
ZONE; AND, REVISE HOW PARKING REQUIREMENTS FOR
ACCESSORY USES ARE TABULATED IN THE M-1 ZONE.
ZONE TEXT AMENDMENT 18-02
The Planning Commission of the City of EI Segundo does resolve as follows:
SECTION 1: The Planning Commission finds and declares that:
A. On March 8, 2018, Mike Jones submitted an application to amend Title 15
of the Municipal Code in order to allow the construction of a 2,262 square-
foot outdoor dining area in the front-yard setback of 2333 Utah Avenue;
B. The project applications were reviewed by the City's Planning and Building
Safety Department for, in part, consistency with the General Plan and
conformity with the EI Segundo Municipal Code ("ESMC");
C_ The City reviewed the project's environmental impacts under the California
Environmental Quality Act (California Public Resources Code §§ 21000, et
seq., "CEQA") and the regulations promulgated thereunder (14 California
Code of Regulations §§ 15000, et seq., the "CEQA Guidelines");
D. The Planning Commission of the City of EI Segundo held a noticed public
hearing on June 14, 2018, to review and consider the staff report prepared
for the Project, receive public testimony, and review all correspondence
received on the Project; and,
F. This Resolution, and its findings, are made, in part, based upon the
evidence presented to the Commission at its June 14, 2018 public
hearing, including the staff report submitted by the Planning and Building
Safety Department.
SECTION 2: Factual Findings and Conclusions. The Commission finds that the
following facts exist:
A. The property is currently developed with a 46,703 square foot industrial
building that is in the process of converting almost entirely to office use.
Page 1 of 10
21
B. The proposed cafe is proposed to cover 1,690 net square feet of interior
and 2,262 square feet of outdoor area.
C. The zone is intended to provide for the location and grouping of light
industrial activities, research, and technological processes, related offices,
and auxiliary uses performing support services for existing and permitted
establishments, companies or business firms within the zone.
D. "Restaurant" is a permitted primary use and a permitted accessory use.
The allowance helps fulfill the purpose of the zone by providing for the
possibility of auxiliary uses that perform support service for employees in
the area.
E. Zone Text Amendment No. 18-02 amends Section 15-2-7 (General
Provisions) by allowing outdoor dining areas be permitted to come within
five feet of property lines in the M-1 Zone.
F. Zone Text Amendment No. 18-02 amends Section 15-6A (Light Industrial
Zone) by 1) removing the requirement that outdoor dining areas greater
than 200 square feet obtain a conditional use permit, 2) codifying staff's
current practice of allowing permitted uses as accessory uses, and 3)
limiting allowance of accessory uses to be parked at the rate of the
primary use of the building to an area not greater than twenty percent of
its gross floor area.
SECTION 3: General Plan Findings. As required under Government Code § 65454 the
proposed amendment of the Light Industrial (M-1) zone is consistent with the City's
General Plan as follows:
A. Goal LU-1: Maintain EI Segundo's "small town" atmosphere, and
provide an attractive place to live and work.
The proposed amendment allows the possibility for a more attractive work
environment for those who work in and near the M-1 zone by facilitating
outdoor dining spaces, which serve as convenient and pleasant amenities
to workers and visitors. Further, these spaces result in gatherings of
people in publically visible places in parts of the city that are oftentimes
devoid of human activity.
B. Objective LU4-4: Provide areas where development has the flexibility
to mix uses, in an effort to provide synergistic relationships which
have the potential to maximize economic benefit, reduce traffic
impacts, and encourage pedestrian environments.
The allowance of dining areas within setbacks of M-1 zoned properties
provides this flexibility. Currently there are very few eateries or casual
gathering areas within these parts of the City. The amendment will allow
large outdoor gathering areas specifically as amenities for employees and
Page 2 of 10
22
for those who work within walking distances. Since these dining areas will
cater to the workforce that is already present onsite or near the sites, there
would be a reduction of vehicle trips since workers would not have to drive
to other parts of the city.
C. Policy LU5-3.1 Revitalize and upgrade industrial areas which contain
aesthetic or functional deficiencies in such areas as landscaping,
off-street parking, or loading areas.
Aesthetic deficiencies persist within the M-1 zone, despite much of it being
in compliance with current code. The allowance of street-front patios offers
property owners a low-cost opportunity to activate their existing frontages
with human activity, thus creating a more inviting environment and
improving the aesthetic quality of the building and the street.
SECTION 4: Zone Text Amendment Findings. In accordance with ESMC § 15-26-4 and
based on the findings set forth in Section 2, the proposed Zone Text Amendment is
consistent with the goals, policies, and objectives of the General Plan as follows:
A. The amendments are consistent with the purpose of the ESMC, which is
to serve the public health, safety, and general welfare and to provide the
economic and social advantages resulting from an orderly planned use of
land resources. In addition, it is consistent with the purpose of the Light
Industrial (M-1) Zone in that it allows for greater flexibility for "auxiliary
uses [which seek to] perform support services for existing and permitted
establishments."
B. The amendments are necessary to facilitate the development process and
ensure the orderly establishment of new uses and the development of
outdoor dining areas in the M-1 Zone that are compatible with surrounding
properties and the public right-of-way.
SECTION 5: Recommendation. The Planning Commission recommends that the City
Council adopt the ordinance in a form substantially similar to the draft attached as
Exhibit "A," which is incorporated into this resolution by reference.
SECTION 6: Environmental Assessment. Based on the facts set forth in Section 2, the
zone text amendment is not subject to CEQA pursuant to Section 15060(c)(2) of the
State CEQA Guidelines because it will not result in a direct or reasonably foreseeable
indirect physical change in the environment.
SECTION 7: Reliance on Record. Each of the findings and determination in this
Resolution are based on the competent and substantial evidence, both oral and written,
contained in the entire record relating to the project. The findings and determinations
constitute the independent findings and determinations of the Planning Commission in
all respects; and
Page 3 of 10
23
SECTION 8: Limitations. The Planning Commission's analysis and evaluation of the
project is based on information available at the time of the decision. It is inevitable that
in evaluating a project that absolute and perfect knowledge of all possible aspects of the
project will not exist. In all instances, best efforts have been made to form accurate
assumptions.
SECTION 9: This Resolution takes effect immediately and will remain effective until
superseded by a subsequent resolution.
SECTION 10: The Commission secretary is directed to mail a copy of this Resolution to
any person requesting a copy.
SECTION 11: This Resolution may be appealed within ten (10) calendar days after its
adoption. All appeals must be in writing and filed with the City Clerk within this time
period. Failure to file a timely written appeal will constitute a waiver of any right of
appeal.
PASSED, APPROVED AND ADOPTED this 14th day of June 2018.
R nT� �, C airperson
C Segundo Planning Commission
ATTEST:
Sam Lee, Secret ry
Baldino - Aye
Hoeschler - Aye
Newman - Aye
Wingate - Aye
APPROVED AS TO FORM:
Mark D. Hensley, City Attorney
By: Ix
David King, Assistatifc ty ttorney
Page 4 of 10
24
EXHIBIT "A"
DRAFT ORDINANCE NO.
AN ORDINANCE AMENDING EL SEGUNDO MUNICIPAL CODE
SECTION 15-2-7 AND CHAPTER 15-6A TO: REMOVE THE
REQUIREMENT THAT OUTDOOR DINING AREAS OBTAIN A CUP IN
THE M-1 ZONE; REDUCE THE REQUIRED SETBACKS FOR
OUTDOOR DINING AREAS IN THE M-1 ZONE; AND, REVISE HOW
PARKING REQUIREMENTS FOR ACCESSORY USES ARE
TABULATED IN THE M-1 ZONE.
ZONE TEXT AMENDMENT 18-02
The City Council of the city of EI Segundo does ordain as follows:
SECTION 1: The Council finds and declares as follows:
A. On March 8, 2018, Mike Jones submitted an application to amend Title 15
of the Municipal Code in order to allow the construction of a 2,262 square-
foot outdoor dining area in the front-yard setback of 2333 Utah Avenue;
B. The project applications were reviewed by the City's Planning and Building
Safety Department for, in part, consistency with the General Plan and
conformity with the EI Segundo Municipal Code ("ESMC");
C. The City reviewed the project's environmental impacts under the California
Environmental Quality Act (California Public Resources Code §§ 21000, et
seq., "CEQA") and the regulations promulgated thereunder (14 California
Code of Regulations §§ 15000, et seq., the "CEQA Guidelines");
D. On June 14, 2018, the Planning Commission held a public hearing to
receive public testimony and other evidence regarding the application
including information provided by city staff; and, adopted Resolution No.
2839 recommending that the City Council approve the proposed
amendments;
E. On the City Council held a public hearing and considered
the information provided by City staff and public testimony regarding this
Ordinance; and
F. This Ordinance and its findings are made based upon the entire
administrative record including testimony and evidence presented to the
City Council at the public hearing and the staff report submitted by the
Planning and Building Safety Department.
Page 5 of 10
25
SECTION 2: Factual Findings and Conclusions. The Commission finds that the
following facts exist:
G. The property is currently developed with a 46,703 square foot industrial
building that is in the process of converting almost entirely to office use.
H. The proposed cafe is proposed to cover 1,690 net square feet of interior
and 2,262 square feet of outdoor area.
I. The zone is intended to provide for the location and grouping of light
industrial activities, research, and technological processes, related offices,
and auxiliary uses performing support services for existing and permitted
establishments, companies or business firms within the zone.
J. "Restaurant" is a permitted primary use and a permitted accessory use.
The allowance helps fulfill the purpose of the zone by providing for the
possibility of auxiliary uses that perform support service for employees in
the area.
K. Zone Text Amendment No. 18-02 amends Section 15-2-7 (General
Provisions) by allowing outdoor dining areas be permitted to come within
five feet of property lines in the M-1 Zone.
L. Zone Text Amendment No. 18-02 amends Section 15-6A (Light Industrial
Zone) by 1) removing the requirement that outdoor dining areas greater
than 200 square feet obtain a conditional use permit, 2) codifying staff's
current practice of allowing permitted uses as accessory uses, and 3)
limiting allowance of accessory uses to be parked at the rate of the
primary use of the building to an area not greater than twenty percent of
its gross floor area.
SECTION 3: General Plan Findings. As required under Government Code § 65454 the
proposed amendment of the Light Industrial (M-1) zone is consistent with the City's
General Plan as follows:
D. Goal LU-1: Maintain EI Segundo's "small town" atmosphere, and
provide an attractive place to live and work.
The proposed amendment allows the possibility for a more attractive work
environment for those who work in and near the M-1 zone by facilitating
outdoor dining spaces, which serve as convenient and pleasant amenities
to workers and visitors. Further, these spaces result in gatherings of
people in publically visible places in parts of the city that are oftentimes
devoid of human activity.
E. Objective LU4-4: Provide areas where development has the flexibility
to mix uses, in an effort to provide synergistic relationships which
Page 6 of 10
26
have the potential to maximize economic benefit, reduce traffic
impacts, and encourage pedestrian environments.
The allowance of dining areas within setbacks of M-1 zoned properties
provides this flexibility. Currently there are very few eateries or casual
gathering areas within these parts of the City. The amendment will allow
large outdoor gathering areas specifically as amenities for employees and
for those who work within walking distances. Since these dining areas will
cater to the workforce that is already present onsite or near the sites, there
would be a reduction of vehicle trips since workers would not have to drive
to other parts of the city.
F. Policy LU5-3.1 Revitalize and upgrade industrial areas which contain
aesthetic or functional deficiencies in such areas as landscaping,
off-street parking, or loading areas.
Aesthetic deficiencies persist within the M-1 zone, despite much of it being
in compliance with current code. The allowance of street-front patios offers
property owners a low-cost opportunity to activate their existing frontages
with human activity, thus creating a more inviting environment and
improving the aesthetic quality of the building and the street.
SECTION 4: Zone Text Amendment Findings. In accordance with ESMC § 15-26-4 and
based on the findings set forth in Section 2, the proposed Zone Text Amendment is
consistent with the goals, policies, and objectives of the General Plan as follows:
A. The amendments are consistent with the purpose of the ESMC, which is
to serve the public health, safety, and general welfare and to provide the
economic and social advantages resulting from an orderly planned use of
land resources. In addition, it is consistent with the purpose of the Light
Industrial (M-1) Zone in that it allows for greater flexibility for "auxiliary
uses [which seek to] perform support services for existing and permitted
establishments."
B. The amendments are necessary to facilitate the development process and
ensure the orderly establishment of new uses and the development of
outdoor dining areas in the M-1 Zone that are compatible with surrounding
properties and the public right-of-way.
SECTION 5: Title 15, Chapter 2, Section 7 (General Provisions) of the EI Segundo
Municipal Code is amended as follows:
E. Urban Mixed Use South (MU-S) and Liciht Industrial [M-1] Zones: In
addition to other encroachments in nonresidential zoning districts, stairs;
pedestrian ramps; and related safety guardrails; patios, decks, and similar
Page 7 of 10
27
outdoor areas used as gathering spaces; and outdoor dining areas, may be
located within setback areas as follows:
1. Stairs, pedestrian ramps, and related safety guardrails must maintain at
least a three foot (3') distance to a lot line.
2. Patios, decks, and similar outdoor areas used as gathering spaces, and
outdoor dining areas must be enclosed by walls, fences, and/or hedges.
These may be up to three feet six inches (3'6") in height and maintain at
least a five foot (5') distance to a property line. Walls, fences, and/or
hedges may exceed three feet six inches (3'6") in height, provided that the
portion exceeding three feet six inches (3'6") in height is of a transparent
or translucent material, subject to the review and approval of the Director
of Planning and Building Safety. These areas may be covered by a
nonsolid trellis or pergola; or by a retractable awning, large umbrella or
other similar nonpermanent cover which provides protection from rain,
subject to the approval by the Director of Planning and Building Safety.
SECTION 6: Title 15, Chapter 6A, Section 3 (Permitted Accessory Uses in M-1) of the
El Segundo Municipal Code is amended as follows:
PERMITTED ACCESSORY USES:
A. Any permitted use, or anv. use customarily incidental to a permitted use.
B. Cafes.
C. Outdoor dining areas pursuant to the standards contained in Section 15-2-7E
GD. Drive-through or walk-up services, including financial operations, but excluding
drive-through restaurants.
9-:E. Open storage of commodities sold or utilized on the premises.
F. Other similar uses approved by the Director of Community, Economic and
Development Services, as provided by chapter 22 of this title.
SECTION 7: Title15, Chapter 6, Article A, Section 5 (Conditionally Permitted Uses in M-
1):
The following uses shall be allowed subject to obtaining a conditional use permit, as
provided by chapter 23 of this title:
A. Any use permitted in the MU, CO, C-3, C-2 and C-RS Zones, except residential uses
and sexually oriented businesses.
Page 8 of 10
28
B. Animal boarding.
C. Dog daycare (outdoor).
D. Drive-through restaurants.
E. Freight forwarding, transfer, trucking yards or terminals.
F. Helicopter landing facilities subject to the provisions of section 15-2-13 of this title.
G. Qu or d in i ng�feaAE;,�r-restaufa h#„ ept-safes,that-are Iar9e 4l4a s
hundred-(2-W) cG6;c*refeet
G#. Service stations, if a five44Efrrdred4-aQt-(500') minimum distance from any residential
zoned property is provided. This distance criteria does not apply to properties east of
Sepulveda Boulevard.
Hf. Other similar uses approved by the Director, as provided by chapter 22 of this title.
SECTION 8: Title15, Chapter 6, Article A, Section 7, Part D:
1. Front Yard: 25-foot minimum. Encroachments are allowed pursuant to
Sections 15-2-7 and 15-2-148. y
efleFepe"4---r-cg, iced setbaol: cpaa) ku:- may not diminich th"stbrck
area-nGr nish-the--required ama n of I rrds�api :
SECTION 9: Title15, Chapter 6A, Section 3
An area equivalent to 20% of the gross floor area of the building that is devoted to
accessory use(s) may be parked at the rate of the building's iariniai-v use. In cases
of uncertainty or ambiquity, the director will determine whether an area is
accessorv.
SECTION 10: 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 11: The City Clerk is directed to certify the passage and adoption of this
Ordinance; cause it to be entered into the City of EI Segundo's book of original
ordinances; make a note of the passage and adoption in the records of this meeting;
Page 9 of 10
29
and, within 15 days after the passage and adoption of this Ordinance, cause it to be
published or posted in accordance with California law.
SECTION 12: This Ordinance will become effective on the 31st day following its
passage and adoption.
PASSED AND ADOPTED this day of , 2018.
Drew Boyles, Mayor
APPROVED AS TO FORM:
Mark D. Hensley, City Attorney
ATTEST:
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO )
I, Tracy Weaver, City Clerk of the City of EI 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 2018, 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 2018, and the
same was so passed and adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Tracy Weaver, City Clerk
Page 10 of 10
30
EL SEGUNDO PLANNING COMMISSION MEETING DATE: June 14, 2018
AGENDA STATEMENT AGENDA HEADING: Public Hearing
AGENDA DESCRIPTION:
Consideration and possible action regarding Environmental Assessment No. 1203: ZTA 18-02
to:
■ Amend certain sections of the El Segundo Municipal Code pertaining to uses, allowed
setback encroachments, and required parking for accessory uses in the Light Industrial
(M-1) zone.
Pursuant to the provisions of the California Environmental Quality Act, the proposed zone text
amendment is not subject to CEQA pursuant to Section 15060(c)(2) of the State CEQA
Guidelines because it will not result in a direct or reasonably foreseeable indirect physical
change in the environment.
(Applicant: Mike Jones).
RECOMMENDED PLANNING COMMISSION ACTION: It is recommended that the
Planning Commission:
1. Open the public hearing and take public testimony on the project;
2. Close the public hearing and consider the evidence; and,
3. Adopt Resolution No. 2839, recommending that the City Council approve EA-1203:
ZTA 18-02.
Alternatively, discuss and take other possible action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
1. Planning Commission Resolution No. 2839
Exhibit A—Draft Ordinance
2. Draft plans and renderings
3. Zoning Map
ORIGINATED BY: Russell Toler, Contract Planning Technician
REVIEWED BY: Eduardo Schonborn, Principal Planner
REVIEWED BY: Gregg McClain, Planning Manager
APPROVED BY: Sam Lee, Director of Planning and Building Safety
I. INTRODUCTION:
The proposed project is a request to amend several sections of the City's zoning code at
2333 Utah Avenue. The amendments are limited to the M-1 zone and include: removing
the requirement that outdoor dining areas obtain a CUP; reducing the required setbacks
31
for outdoor dining areas; and, revising how parking requirements for accessory uses are
tabulated.
II. BACKGROUND AND DISCUSSION:
Background
The applicant initiating this amendment is the architect for the proposed tenant
improvements at 2333 Utah Avenue. The property owners seek to make improvements to
their property and to construct a cafe that would include an outdoor patio to the front of
their existing industrial building. The improvements for this site are part of a larger
project that involves five other buildings along Utah Avenue and Alaska. The
improvements to these buildings are a part of a effort by the property owner to create a
campus-like cluster of creative office buildings. The proposed cafe would serve as an on-
site amenity to employees and visitors of the area.
At the end of 2017, the applicant approached staff with the idea of the cafe; however, the
proposal did not comply with several sections of the code. Staff felt that the project
would provide needed aesthetic improvements and amenities to the area, and that it was
in the City's interest to remove certain hindrances to its realization. Further, this project
constituted an opportunity for staff to make some already-desired changes and
clarifications to the code. As a result, on March 8, 2018, the applicant submitted
applications for a code amendment to allow the project in the M-1 Zone.
Discussion
There are three sections in the Code that are proposed to be amended by this application,
and all of them are limited to the M-1 zone. The first is the removal of the requirement
that outdoor dining areas greater than 200 square feet must obtain a conditional use
permit. The second affects permitted setback encroachments. It is proposed that outdoor
dining areas be permitted to come within five feet of property lines, consistent with the
development standards for the properties in the adjacent MU-S zone. The final
amendment is related to permitted accessory uses and their required parking.
III. ANALYSIS
The proposed amendments are necessary for the proposed project at 2333 Utah to move
forward, but staff believes the amendments are beneficial overall to the code. However,
the amendments are being limited to the M-1 zone so that the change can be monitored in
a limited area and either be rescinded or expanded to other zones at a later date,
depending on its success. The M-1 zone is comprised of approximately 325 acres in the
eastern quadrants of the City, and is primarily developed with industrial, manufacturing
and office uses, as allowed by the Zoning Code. Although the zone also allows other
uses, such as gyms, medical offices, hotels, restaurants, cafes, retail and personal
services, such amenities are not prevalent in the zone. Thus, staff believes that a more
generous allowance for the development of such support services will result in an
improved area that can cater to employees of and visitors within walkable vicinities.
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32
Zone Text Amendments
Outdoor Dining
Currently in the M-1 zone, a conditional use permit is required for outdoor restaurant
dining areas that exceed 200 square feet. The CUP requirement affords the city with
discretion over the allowed size of proposed dining areas on a case-by-case basis that
takes into account location and parking. Approval of this code amendment would result
in CUPS no longer being required for outdoor dining areas in the M-1 Zone. Staff
believes this is prudent for several reasons:
1) The City has historically approved all requests for outdoor dining areas. As illustrated
in Table No. 1, the outdoor dining area requested and the area approved have been
identical over the last ten years. Additionally, staff is not aware of any problems
arising from any of these outdoor dining areas.
Table No. 1
Year Project Address Requested (sf) Approved(sf)
2008 Paul Martin's 2361 Rosecrans 735 735
2009 Kaya Sushi 2251 E Maple 450 450
2009 Rubio's 400 N Sepulveda 350 350
2010 Malibu Fish Grill 400 N Sepulveda 600 600
2010 Northrop Office Tower 101 Continental 3,137 3,137
2010 Arclight Cinemas 831 S Nash 725 725
2011 Hyatt Place 750 N Nash 1,850 1,850
2011 In N Out 600 N Sepulveda 960 768*
2011 Pacific Corporate Towers 222 N Sepulveda 2,425 2,425
2011 Rock N Brews 143 Main 3,090 3,090
` 2013 Specialty's 2101 El Segundo 2,044 2,044
2016 Petros(at Elevon) 727 N Douglas 665 665
f 2016 Apollo Landing 2171-2191 Rosecrans 3,700 3,700
f 2016 Ocean Market Grill 735 N Douglas 697 697
l 2016 Lisa's Bon Appetite 747 N Douglas 617 617
2016 El Gringo 422 Main 570 570
2017 Kona Grill 2321 Rosecrans 2,147 21147
* Area was reduced from original request to accommodate a higher capacity in the drive-thru lanes.
2) The CUP process costs the applicant several thousand dollars in the preparation of
submittal requirements and in fees. This is felt disproportionately by smaller
enterprises. Further, the CUP process takes about three months, which is a time of
perceived risk and uncertainty for applicants who are often already taking great risks
in their business ventures.
3
33
3) Outdoor dining is generally considered to be a sign of life in an urban setting. Such
uses of land are what the City might consider if the facilitation of economic and
pedestrian activity are its goals.
4) A relaxed allowance gives greater flexibility to property owners who wish to add on-
site amenities in otherwise amenity-poor areas.
Although the M-1 zone is intended primarily for industrial uses, there is an increasing
demand for office space, which carries a higher employee population. As the daytime
population increases, so does the demand for nearby amenities, including dining options.
Given that both offices and restaurants are already permitted by right in the M-1 zone,
staff believes that it would be a catalyst for the M-1 zone if the City were to remove
hindrances for eating establishments with outdoor dining.
M-1 Setback Encroachments
In 1982, the area that is now known as Smoky Hollow was extracted out of the M-1 zone.
While new development standards were being written for Smoky Hollow, standards for
what remained of the M-1 zone were modified. Since previously no front setback was
required in the zone, the most notable change to the M-1 standards was a required 25-foot
front yard setback, which includes a requirement that the entire front setback be
landscaped. Although minor encroachments are allowed (such as parking spaces, planters
and uncovered porches) the lack of allowable significant encroachments severely limit
the usable area of the property, with only questionable aesthetic benefit to the street.
In 2016, Continental Development Corporation initiated an application to amend the
development standards for the adjacent Urban Mixed Use South (MU-S) zone
specifically to allow outdoor dining/gathering areas and related structures to encroach
into setback areas along the street frontages. The amendment facilitated the development
of the Apollo Landing project on Rosecrans Avenue, which contains outdoor dining areas
within the setbacks of the property. The intent of the amendment was to provide for
enhanced building features and amenities, which would bring more pedestrian activity
outside the buildings and closer to the street, thereby improving the appearance and feel
of the environment.
Most of the M-1 zone consists of low-profile and unadorned tilt-up buildings with large
footprints and large setbacks. These setback areas contain either landscaping or surface
parking. Along with the wide streets and lack of shade trees, this makes for a bleak and
uninviting environment. The requested amendment would allow outdoor dining areas to
be located within required setbacks of M-1 properties, as close as five feet from the
property lines. These areas would be permitted to be covered by non-solid trellises,
pergolas, retractable awnings or other similar covers,just as they are in the MU-S zone.
Staff believes the amendments that facilitated the development of the Apollo Landing
was a step in the right direction for the MU-S zone, which should be replicated in the M-
1 zone. The proposed amendment would provide property owners within the zone with
the ability to utilize large portions of their land, thus activating their frontages and
enlivening the street, resulting in improved appearance, enhanced amenities within
walking distance of workplaces, and a more pedestrian-friendly environment.
4
34
Permitted Accessory Uses
In every zone, the first permitted accessory use reads "Any use customarily incidental to
a permitted use." Staff proposes that this be modified to read: "Any permitted use, or any
use customarily incidental to a permitted use." Although this is currently applied in
practice, staff believes it is necessary that this be stated explicitly because the proposed
amendment involves parking requirements for accessory uses. It is proposed that
accessory uses be parked at the rate of the primary use of the property. Staff proposes
that this break on parking for accessory uses be limited to an area not to exceed 20
percent of the gross floor area of the building. This would provide needed flexibility to
property owners who wish to diversify the use of their buildings, as well as provide their
employees with amenities without being faced with parking requirements that result in
the abandonment of improvement ideas.
IV. GENERAL PLAN AND ZONING CONSISTENCY
Consistency with the El Segundo General Plan
ESMC §. 15-1-1 (Purpose, Title) states that Title 15 is the primary tool for
implementation of the goals, objectives, and policies of the El Segundo General Plan.
Accordingly, the Planning Commission must find that the proposed Zone Text
Amendment and is consistent with those goals, objectives, and policies. Staff believes
that the necessary findings can be made to recommend City Council approval of the
proposed amendment. The findings are discussed in the proposed resolution.
Consistency with the El Segundo Municipal Code
Pursuant to ESMC Title 15, Chapter 26 (Amendments), in order to recommend City
Council approval of the proposed amendments, the Planning Commission must find that
the amendments are necessary to carry out the general purpose of ESMC Title 15. The
purpose of this Title (ESMC § 15-1-1) is to serve the public health, safety, and general
welfare and to provide economic and social advantages resulting from an orderly planned
use of land resources. Staff believes that the necessary findings can be made to
recommend City Council approval of the proposed amendment. The findings are
discussed in the proposed resolution.
V. ENVIRONMENTAL REVIEW:
The proposed zone text amendment is not subject to CEQA pursuant to Section
15060(c)(2) of the State CEQA Guidelines because it will not result in a direct or
reasonably foreseeable indirect physical change in the environment.
5
35
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EL SEGUNDO CITY COUNCIL MEETING DATE: July 17, 2018
AGENDA STATEMENT AGENDA HEADING: Unfinished Business
AGENDA DESCRIPTION: Consideration and possible action to continue the discussion of the
Social Host Liability Ordinance
RECOMMENDED COUNCIL ACTION:
1. Postpone discussion of the proposed Social Host Liability Ordinance to the August 21,
2018, City Council meeting; or,
2. Alternatively, discuss and take other action related to this item
ATTACHED SUPPORTING DOCUMENTS:
None
FISCAL IMPACT:None.
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
STRATEGIC PLAN:
Goal: El Segundo is a safe and prepared city.
Objective: The City has a proactive approach to risk and crime.
PREPARED BY: Bill Whalen, Chief of Poli e�
APPROVED BY: Greg Carpenter, City Manager
INTRODUCTION:
The proposed ordinance is intended to prohibit gatherings where underage drinking and/or drug
use occurs and provide a means for the City to hold responsible persons liable. As an added
deterrence, the ordinances would impose civil penalties upon responsible persons.
BACKGROUND AND DISCUSSION:
During the June 13,2018, City Council meeting staff was directed to gather additional community
input on the proposed Social Host Liability Ordinance and bring the ordinance back to Council for
possible action at the July 17, 2018, City Council meeting. Staff is still conducting community
input, to include hosting a community meeting on July 31, 2018. Staff will bring this item back
for Council consideration at the August 21, 2018, City Council meeting.
2
41
EL SEGUNDO CITY COUNCIL MEETING DATE: July 17,2018
AGENDA ITEM STATEMENT AGENDA HEADING: Unfinished Business
AGENDA DESCRIPTION:
Consideration and possible action to (1) determine the scope of services and schedule for the
Residential Solid Waste Collection Request for Proposals, (2)receive an update on the development of
a Proposition 218 ballot to establish a maximum$20 monthly fee upon eligible residential dwellings for
solid waste collection services, and (3) authorize the City Manager to execute an amendment to the
Franchise Agreement with Republic Services to continue providing services under the current
Agreement on a month-to-month basis for up to six months (through April 30, 2019). (Fiscal Impact:
TBD)
RECOMMENDED COUNCIL ACTION:
1. Determine the scope of services and schedule for the Residential Solid Waste Collection
Request for Proposals;
2. Receive an update on the development of a Proposition 218 ballot to establish a maximum$20
monthly fee upon eligible residential dwellings for solid waste collection services;
3. Authorize the City Manager to execute an amendment to the Franchise Agreement with
Republic Services to continue providing services under the current Agreement on a month-to-
month basis for up to six months (through April 30, 2019); or,
4. Alternatively, take other action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
June 19, 2018 Staff Report
Republic Services Amendment Proposal
FISCAL IMPACT: TBD
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
STRATEGIC PLAN:
Goal: IA El Segundo provides unparalleled service to internal and external
customers.
Objective: 2 City services are convenient,efficient and user-friendly for all residents,
businesses, and visitors.
PREPARED BY: Ken Berkman, Director of Public Works
Mark Hensley, City Attorney
APPROVED BY: Greg Carpenter, City Manager
BACKGROUND & DISCUSSION:
The El Segundo Municipal Code (ESMC), Title 5, Chapter 2 states that, "The City shall collect and
dispose of residential and miscellaneous refuse from every residential unit within the City at least once
per week..." where "residential dwelling units" are defined as "single-family and two-family unit
42
residences, not including condominiums or stock cooperatives." Additionally, the State of California
has several laws and regulations pertaining to solid waste disposition that are enforced by the
Department of Resources, Recycling, and Recovery(CalRecycle), with which the City must comply.
In the 1980's the City established a solid waste "franchise" for the one- and two-unit residential
properties. This means that the City has the authority to mandate that either the City or its contract
hauler have the exclusive right to collect solid waste from those properties. The owners or occupants of
these units are required to use the services provided by the City or they can decide to"self-haul"their
solid waste.
Initially the City decided that it would provide solid waste service free of charge to all residents that
resided in multi-family complexes of six units or fewer and single family residential units. In 2011,the
City scaled back on this free service and provide it as it is today,to multi-family units of four units or
fewer and single family residences.
The residential solid waste Franchise Agreement(Agreement)with the City's current hauler,Republic
Services(Republic),will expire on October 31,2018. On June 19,2018,the City Council directed staff
to prepare an RFP for residential solid waste collection services and commence a Proposition 218
process to assess a maximum$20 per month fee on the residential units that are eligible to receive the
services.
Residential Solid Waste Collections RFP Outline
The last time the City released an RFP for residential solid waste collection services was February 2011.
That RFP included multi-family properties of up to four units, which totals to 3,981 distinct service
addresses,and Republic was selected to provide the services for seven years,through October 31,2018.
Under the current Agreement, the City pays Republic $9.88 per unit per month for a total cost of
approximately $472,000 per year. Additionally, 12 City facilities and the City's downtown area are
serviced under the Agreement, and others are listed below. They also provide asphalt and street
sweeper debris collections for the City at an estimated$15,000 and$32,550 per year,respectively. The
amount charged is based upon the actual tonnage collected.
The City is the only city in LA County that uses curbside,manual collection for its solid waste and the
existing contract includes the following services:
• Weekly unlimited waste - residents provide containers
• Weekly Unlimited recyclables - CDS provides 2-16 or 1-32 gallon containers
• Weekly unlimited bulky items
• Green waste drop-off at the City Yard
■ Two annual cleanup weeks for bulky items
• Two annual document shredding events
• Holiday tree collection
• Abandoned item collection in public right-of-way
• Five City-sponsored events/year*
■ Outreach and education
43
The two alternative services to be considered for inclusion in the current RFP include(italics to denote
changes):
Automated Collections Bid
Base Bid Items:
• Weekly collection of Trash, Recyclables, and Green Waste with hauler provided carts
• Four bulky item pick-ups per year
• Holiday tree collection
• Abandoned item collection in public right-of-way
• Five City-sponsored events/year*
• Outreach and education
■ Two annual cleanup weeks for bulky items (Alternate Bid)
• Two annual document shredding events (Alternate Bid)
* 4th of July Fireworks Show,Concerts in the Park,Hometown Fair,Richmond St.Fair,Holiday Parade
Manual Collections Bid
Base Bid Items:
• Weekly unlimited waste - residents provide containers
• Weekly unlimited green waste—residents provide containers
• Weekly Unlimited recyclables - hauler provides 1-32 or 2-16 gallon containers, or equivalent
• Four bulky item pick-ups per year
• Holiday tree collection
• Abandoned item collection in public right-of-way
• Five City-sponsored events/year
• Outreach and education
• Two annual cleanup weeks for bulky items (Alternate Bid)
• Two annual document shredding events (Alternate Bid)
Staff is seeking Council's authorization to prepare the RFP as noted above and include 3- and 4-unit
properties,or with changes as directed by Council. There is no legal requirement to provide automated
services;however,when compared to manual service,automated services are more effective,efficient,
cleaner, will inherently encourage residents to reduce their waste stream, and will provide a specific
green waste container that can also accept organic material (food waste).
The services to be provided to three-and four-unit properties would be a voluntary service. That is,the
owners will have the option of using the service but will not be required to do so as the City does not
have the legal authority to require them to use the service. These properties have been using the City's
solid waste hauler because there was no charge for the service and may decide to use another service if
the City is going to charge for the service. There are 85 three-unit and 104 four-unit properties in the
City. Eliminating free service to these properties would result in an approximate annual savings of
$80,000 to the General Fund at the current rate of$9.88/month/unit. With an estimated future rate of at
44
least $20/month/unit, the savings would be over$160,000 per year.
The lack of a residential green waste program was identified as a "gap" in the City's Solid Waste
Program by CalRecyle,who placed the City in its Jurisdictional Compliance Unit. Currently,residents
can dispose of green waste by self-hauling to a container located in the Public Works Yard. Providing
green waste curbside service will address that "gap" and allow the City to more accurately report on
residential green waste disposal. Organics regulations have been passed into law by the State for multi-
family properties of five or more. Food waste regulations are expected to eventually impact single-
family residential units in the future. Having an established automated green and organics waste
collection program will assist the City in regaining compliance status with CalRecycle.
Staff will return to Council on August 21,2018 to request approval of the RFP and authorization to seek
bids. The schedule going forward is estimated to be as follows:
Present RFP Package to Council for Approval August 21, 2018
Pre-Proposal Conference September 2018
Deadline for Proposer Questions September 2018
Prepare Addenda and Receive Proposals October 2018
Evaluate Proposals and Select Hauler, Commence Negotiations November 2018
Present Negotiated Agreement to Council for Approval December 2018
Execute Agreement and Order Equipment/Materials January 2019
Outreach Campaign February/March 2019
Initiate Rollout of New Service no later than May 1, 2019
Proposition 218 Proccss
The City is one of only three cities in California that pays for its residents' solid waste collection.
Residents of San Diego and Commerce do not directly pay for their waste collection services. On
June 19, 2018, the City Council directed staff to commence a Proposition 218 process to assess a
maximum$20 per month fee on the residential units that are eligible to receive the services.
In November 1995,the California electorate approved Proposition 218 that requires certain procedures
be followed with regard to "property-related"fee increases imposed by governmental agencies. Solid
waste collection fees are subject to the Proposition 218 "majority protest" ballot process, i.e. if a
majority of the properties to be assessed the fee protest the fee then the City cannot impose it.
Proposition 218 protest ballots are required to be sent to property owners and customers (tenants that
directly pay for the service). In El Segundo, since residents do not pay for the service, staff can only
identify property owners but not customers that may be tenants. Staff could use the water customer list
and guess that tenants that pay for water will also be paying for solid waste services. The City
Attorney's Office does not believe that staff should be required to guess who the customers might be,
and that legally, only the property owners should be noticed of the proposed rates for the service. The
City Attorney's Office does acknowledge that a court could find otherwise and that the most
conservative approach is to notify owners and tenant customers using the City's current water customer
database. In any event,only one protest per parcel is counted. Accordingly,if any tenant customer and
the property owner files a protest for the property, the parcel shall be deemed"in protest"of the fee.
45
Staff is recommending that only property owners be noticed regarding the proposed fee since there are
no known tenant customers.
Proposition 218 requires a minimum 45-day written notice prior to Council holding a public hearing on
a proposed rate increase. A protest to a proposed rate increase must be filed by the close of the public
hearing. If a majority of the parcels file written protests with the City prior to the close of the public
hearing, Proposition 218 states that the City cannot implement the proposed fee. If a majority of the
parcels do not protest the proposed increase,the Council has the authority to implement the proposed
rate increase.
Staff intends to include language in the RFP and next Agreement that will require the selected hauler to
collect the $20 (maximum) fee from the eligible service addresses.
Finally,the City Manager will be executing a Professional Services Agreement with the consulting firm
Koppel & Gruber Public Finance (KGPF) to provide all-inclusive services for this Proposition 218
effort. KGPF has excellent experience and an outstanding track record of developing and executing
Proposition 218 efforts for many Southern California cities. This will ensure an open,transparent,and
accurate Proposition 218 process is provided to the residents without negatively impacting service
delivery capabilities in the City Clerk's Office,Public Works Department, City Attorney's Office,and
Finance Department.
Staff anticipates bringing the final ballot to Council for approval at the August 21,2018 meeting,which
will match the scope of services to be included in the RFP. With approval and the 45-day noticing
requirement, staff expects to hold the Public Hearing to open the Ballots on October 16, 2018.
Potential Fiscal Impact
With 3,981 qualifying dwellings receiving residential solid waste collection services(with 3-and 4-unit
properties included) and a monthly fee of$20, it is estimated that the General Fund liability would be
reduced by approximately $955,000 on an annual basis.
Lifeline Assistance
Lifeline financial assistance for water and sewer fees has been in effect since 1995, when the City
Council adopted Resolution No. 3922. Currently, there are 44 residential properties who qualify
according to the following household size and income requirements:
1-2 $32,920 or less
3 $41,560 or less
4 $50,200 or less
5 $58,840 or less
6 $67,480 or less
7 $76,120 or less
8 $84,760 or less
$8,640 for each additional person
46
These participants receive a water rate reduction of 50% for the first 1,000 cubic ft/month used and a
50%reduction of their total sewer fees. Water use above 1,000 cubic ft is charged at the fully loaded
rate.
Given that the Council is considering a Proposotion 218 process for a residential solid waste collection
fee of$20 per month,staff is seeking direction as to whether or not a 50%reduction of this proposed fee
should be implemented as part of the Lifeline Program. While the City does not know if the fee will not
have a majority protest of the voters, Council can indicate that it will likely implement Lifeline rates in
the event that the City does impose the fee after completion of the Propostion 218 process,resulting in a
$10 per month fee for eligible participants. If there is not a majority protest and the fee will be
implemented, the Lifeline 50% fee reduction for qualifying households can also be implemented.
Republic Services Aureement Extension
Republic's Agreement to provide residential solid waste collection services ends on October 31,2018.
In order to ensure enough time is provided to complete the RFP process,negotiate the new Agreement,
educate the public about the upcoming services, and set up the logistics and transition of the services,
staff is recommending Council authorize the City Manager to extend the Agreement with Republic for
an additional six months.
Republic previously offered a continuance of the services under the existing Agreement for one year at a
rate of$19.55 per month per eligible property, and a two-year offer with the rates $16.95 for the first
year and $19.55 for the second year. Given the direction of the Council to commence the RFP and
Proposition 218 processes at the June 19th meeting, staff requested a revised proposal from Republic.
Republic has now offered a month-to-month extension of their existing Agreement with the City,to a
maximum of six months, at a rate of$16.55 per month per eligible property.
Staff respectfully recommends the City Council authorize the City Manager to amend the Franchise
Agreement with Republic in this manner. As the existing Agreement is in effect through October 31,
2018, staff will request the necessary funds within the Fiscal Year 2018/19 budget process.
47
EL SEGUNDO CITY COUNCIL MEETING DATE: June 19, 2018
AGENDA ITEM STATEMENT AGENDA HEADING: Special Order of Business
AGENDA DESCRIPTION:
Consideration and possible action to(1)receive and file a report from Public Works on the City's Solid
Waste Program and Waste Collection Services, and (2) provide staff direction on negotiations of a
contract extension with Republic Services and future solid waste collection services. (Fiscal Impact:
TBD)
RECOMMENDED COUNCIL ACTION:
1. Receive and file a report from Public Works related to the City's Solid Waste Program and
Waste Collection Services; and,
2. Provide staff direction on negotiations of a contract extension with Republic and future solid
waste collection services; or,
3. Alternatively, take other action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
Solid Waste Management Program - PowerPoint
FISCAL IMPACT: TBD
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
STRATEGIC PLAN:
Goal: IA El Segundo provides unparalleled service to internal and external
customers.
Objective: 2 City services are convenient,efficient and user-friendly for all residents,
businesses, and visitors.
PREPARED BY: Ken Berkinan, Director of Public Works
APPROVED BY: Greg; Carpenter, City Manager
BACKGROUND & DISCUSSION:
The El Segundo Municipal Code (ESMC), Title 5, Chapter 2 states that, "The City shall collect and
dispose of residential and miscellaneous refuse from every residential unit within the City at least once
per week." Additionally, the State of California has several laws and regulations pertaining to solid
waste disposition that are enforced by the Department of Resources, Recycling, and Recovery
(CalRecycle), with which the City must comply.
The following is provided to assist the City Council with its consideration of the residential solid waste
collections contract with Republic Services that will be expiring on October 31,2018, and to provide
direction to staff on how to proceed with negotiations with Republic Services and the future of the
City's Solid Waste Program as a whole.
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48
Residential Solid Waste Collection
The following is a chronological history of the City's residential solid waste collection contracts to date:
• 1993 -Zakaroff Recycling Services(Zakaroff) was awarded a contract,which was extended in
1997 for an additional five years.
1998 - Zakaroff merged with Republic Industries, and the agreement was assigned to
Consolidated Disposal Services (CDS), a subsidiary of Republic Services, Inc. (Republic).
• 2001 — CDS/Republic's contract was extended for five years, and in 2006 it was extended
another five years.
• 2010 - Prior to the expiration of the contract in 2011, the City, with assistance from the then-
active Trash Subcommittee, determined it was in the City's best interest to bid out the
residential trash collection contract. The City also considered whether to include or exclude
residential properties with three or four units in the new contract. The City concurrently
commenced a Proposition 218 process to implement a residential trash collection fee schedule.
In February 2011,the City released the RFP with various bid options,including contracting for the same
services for three or seven years, or contracting for enhanced services for a three-or seven-year term.
The scope of work included multi-family properties of up to four units. The City received four
proposals in response to the RFP, and the Trash Subcommittee recommended award of the contract to
CDS/Republic for a seven-year period, given that all respondents were well-qualified and
CDS/Republic had the lowest cost proposal.
The existing contract with CDS (Republic is providing the services), which expires on
October 31, 2018, provides waste collection services to 3,981 residential units, including all single-
family residences and multi-family properties up to four units. The ESMC requires the City provide
services to properties of up to two units (§5-2-2-B). The City pays CDS/Republic $9.88 per unit per
month, which, with the additional services provided, amounts to approximately$520,000 per year.
The City is one of only three cities in California that pays for its residents' solid waste collection.
Residents of San Diego and Commerce do not directly pay for their waste collection services.
The City is the only city in LA County that uses curbside, manual collection for its solid waste.
The existing contract includes the following services:
Weekly unlimited waste - residents provide containers
• Weekly Unlimited recyclables - CDS provides 2-16 or 1-32 gallon containers
• Weekly unlimited bulky items
• Green waste drop-off at the City Yard
• Two annual cleanup weeks for bulky items
• Two annual document shredding events
• Holiday tree collection
Abandoned item collection in public right-of-way
• Five City-sponsored events/year
• Outreach and education
5
49
Residential Trash Collection Survey
In November 2017,in consultation with the Environmental Committee,the City prepared and conducted
a survey of the residents to gather opinions on the existing waste collection services and desires for
future services. Out of 3,077 surveys of property owners, 1,300 responses were received (overall
response rate of 42%). In summary, 87%of the respondents gave the existing service a top rating,and
62% indicated they preferred the City continue providing the current manual (hand-tossed)method of
collection versus switching to an automated side-loading method. Furthermore, 78% of respondents
indicated they did not want to pay$35 per month for their trash collection services. Of those who were
willing to pay$35 per month,there was still a slight preference for the manual method over automated
collection.
In late 2017,the City requested a proposal from CDS/Republic to continue the existing manual services
for a one- or two-year period. They offered the following rates for continuing our curbside, manual
service:
• 2 year extension: 1st year: $16.95/unit; 2nd year: $19.55/unit
• 1 year extension: $19.55/unit
State Regulations and CalRecycle
There are several key State regulations with which the City must maintain compliance. In addition to
AB 939,the State's mandated landfill diversion legislation from 1990,new legislation adopted over the
past five years has increased the requirements for landfill diversion,recycling,and managing organics.
• AB 341, adopted in 2012, requires recycling at businesses and multi-family properties with
more than five units that generate four cubic yards(CY) of solid waste, and requires reporting
and monitoring by the City and its haulers.
• AB 1826,enacted in 2016,requires organics recycling at businesses and multi-family properties
with more than five units that generate four CY per week of organics. In 2019,this requirement
will be expanded to include all businesses and M-F properties with more than five units that
generate four CY of trash per week. Under this law,the City and haulers also must report and
monitor compliance.
CalRecycle's Local Assistance and Market Development (LAMD) Branch conducts a compliance
review every four years. In March 2017, under the recommendation of the LAMD, the CalRecycle
Board referred the City to CalRecycle's Jurisdiction Compliance Unit(JCU)due to the City's program
"gaps", including mandatory commercial recycling monitoring and implementation,residential green
waste program effectiveness and oversight, and Construction and Demolition(C&D)debris recycling
program. Staff has been working cooperatively with JCU staff to assist with their review of the City's
program. JCU staff findings are expected to be delivered to staff after a year of their review, in
Summer 2018.
SB 1383,the organic waste reduction legislation,affects Residential and Commercial Generators,and
establishes a 50%disposal reduction of organics by 2020 and a 75%disposal reduction of organics by
2025. Under this new legislation, the City must provide residential and commercial organic waste
collection services, conduct minimum levels of education, outreach and contamination monitoring,
oversee compliance of generators and haulers,and report annually to CalRecycle. Implementation and
6
50
enforcement of SB 1383 begins in 2022. The legislation allows CalRecycle to issue penalties up to
$10,000 per day if the City is not in compliance, and Corrective Action Plans to consider compliance
efforts,timelines,and milestones. The regulations to implement SB 1383 are presently being written,
and will be finalized in Fall 2018.
The requirements of SB 1383 and ongoing compliance with AB 939 and other mandates has changed
the landscape of municipal solid waste collection systems. Given the referral to the JCU and the
pending expiration of CDS/Republic's residential collections contract, in this fiscal year's budget
Council authorized the hiring of a Solid Waste Program consultant firm to ensure the City has the
expertise and experience required to address these issues. The Public Works Department prepared and
conducted an RFP process and selected SCS Engineers(SCS)as the most qualified and competent firm.
SCS will help prepare for implementation of new policies,programs,and infrastructure to meet existing
and new legislative and regulatory requirements,as well as ensure the City's short-and long-term needs
of the residential(and commercial)collection services are included in any and all contracts or franchise
agreements.
The City will need to consider future options for its residential service,including automated collection
using a three-cart system for Trash, Recyclables, and Organics; a two-cart system for Trash and
Recyclables with organics drop-off,or mixed waste processing of residential waste. Presently,rates for
automated three-cart collection programs in Los Angeles County are approximately$25-30 per month.
With the additional future collection of organics, and challenges associated with markets for
reeyclables,the City can anticipate similar monthly costs per unit,depending on the hauler and type of
services.
The City currently has 24 commercial haulers operating under business licenses with no reporting
requirements, which is a significant reason staff has had difficulty obtaining their disposal data and
reporting it to CalRecycle. Staff is seeking Council's concurrence to issue the required Notice of Intent
to Franchise Commercial (and thus multi-family) Collection Services with the goal of establishing
Franchise Agreements with selected haulers at the end of the 5-year Notice period.
To ensure the necessary solid waste collection services are provided to the residents and business in the
City,the options include:
• Extend the CDS/Republic contract with existing services for 1 or 2 years;
• Negotiate a new long-term contract with CDS/Republic, for an automated 2-or 3-cart system;
• Prepare an RFP and seek bids for a new residential collections contract, including options for
automated collection and manual collection that can provide regulatory compliance;
• Issue a 5-year Notice of Intent to Franchise commercial collection services.
7
51
EtSEGIIN�O
Solid Waste
Management
Program
June 19, 2018
Ali
SCS ENGI-NEERS
a
52
Topics
• History of solid waste in the City
• Residential waste collection survey
• Republic Services agreement
• Future Options for the City
SCS ENGINEERS
9
53
History
Residential Collection
• Commercial Collection
• Legislation and Compliance
SCS ENGINEERS
10
54
Residential Services Contract
• 1993: City contracted with Zakaroff for residential and
municipal trash services
• 1997: Contract Extended
1998: Zakaroff merged with Republic Industries,
agreement assigned to Consolidated Disposal Services
(CDS ), a subsidiary of Republic Services, Inc.
• 2001 : Contract extended 5 years
• 2006: Contract extended 5 years
2011 : RFP distributed for new contract
• CDS/Republic lowest bid; awarded contract
• City no ionger pays for service for M-F greater than 4 units
• Existing contract expires October 31 , 2018
SCS ENGINEERS
11
55
Residential Services
• 3,981 Residential Units
• Single Family
Multi-Family up to 4 units
• $9.88/month/unit = $472,000
• City pays $520,000/year (including other
services noted in next slide)
• City is one of three cities in CA where residents
are not charged for waste collection (San
Diego and Commerce are the other two) .
• Only curbside manual collection provided by
Republic in LA/Orange Counties
SCS ENGINEERS
12
56
Residential Services
• Services include:
• Weekly unlimited waste - residents provide containers
,, Weekly Unlimited recyclables: Republic provides 2-16
or 1 -32 gal containers
• Weekly unlimited bulky items
• Green waste drop-off at City yard
• 2 annual cleanup weeks for bulky items
• 2 annual shredding events
• Holiday tree collection
,, Abandoned item collection in public right-of-way
City-sponsored events (Five minimum)
• Outreach
SCS ENGINEERS
13
57
Commercial Services
• 24 licensed haulers
• Serve businesses and multi-family 5+ units
• Construction and demolition debris boxes
No reporting requirements
SCS ENGINEERS
14
58
Legislation and Compliance
a AB 939 - ( 1990) Mandated 50% diversion
AB 341 - (2012) Mandatory commercial recycling
• Businesses and M-F > 5 units with 4 cy/week trash
• Reporting and monitoring requirements for City and haulers
AB 1826 - (2016) Mandatory commercial organics
• 2017: Businesses and M-F >5 units with 4 cy/week organics
2019: Businesses and M-F >5 units with 4 cy/week trash
• Reporting and monitoring requirements for City and haulers
SCS ENGINEERS
15
59
CalRecycle Compliance
• Local Assistance and Market Development Branch
conducts compliance review every four years
• March 2017: referred to Jurisdiction Compliance Unit
• Mandatory Commercial Recycling monitoring and
implementation
• Residential green waste program effectiveness and
oversight
• C&D debris recycling program
• City required to implement additional outreach and
monitoring
• City to provide plan to address program "gaps"
• January 2018: CalRecycle sent letters to commercial
haulers requesting compliance data
• Summer 2018: CalRecycle will assess status of
compliance and present findings in report
SCS ENGINEERS
16
60
SB 1383
Organic Waste Disposal Reduction
REQUIREMENTS
• Affects Residential and Commercial Generators
• 50% disposal reduction by 2020
• 75% disposal reduction by 2025
Recover 20% of edible food by 2025
• Must provide residential and commercial organic waste
collection services
• Must conduct minimum levels of education, outreach
and contamination monitoring
• Must oversee compliance of generators and haulers
• Must report annually
SCS ENGINEERS
17
61
SB 1383
Organic Waste Disposal Reduction
IMPLEMENTATION AND ENFORCEMENT
• Begins in 2022
• Can require jurisdictions to impose requirements
• Can impose penalties up to $10,000/day
• Corrective Action Plans to consider compliance
efforts, timelines, and milestones
S18S ENGINEERS
62
Residential Survey
# of Surveys Sent on 11/27/2017: 3161 1003 2158
Survey Close date: 12/15/2017 12/24/2017
# Surveys Delivered: 3077 * 978 2099
# of Reminders: 2 0
Response Rater 42% 37% 45%
# of Return/Respondents = 3.300 364 936
19
63
Q1 : On a scale of 1 -10, how would you rate your
trash collection services?
Current Trash Collection Services
Average Rating
3.0 8.75 8.62 8.87
9
8
7
6
5
.s
4
3
i
i
TOTAL Online Paper
Respondents gave the collection services a very high rating: 8.75 out of so
SCS ENGINEERS
64
Q 1 : On a scale of 1 -10 ( 10 being exceptional), how
would you rate your trash collection services?
Current Trash Collection Services Rating
g00%
90%
80%
70%
60%
50%
40%
30%
20%
100/0
114{1
2%
0%
87%of the Respondents gave their current trash collection service a top rating, and 2%gave them a poor rating.
SCS ENGINEERS
21
65
.1
Q2: Would you like the City to continue providing the current
manual (hand-tossed) method of collection or switch to the
automated side-loading method?
Preferred Collection Method
■ Manual 62%
■Automated TOTAL
a No Opinions8�'a
— - 53%
Online 1
133%
70%
Paper
62% prefer manual method compared to 11%who prefer Automated.
SCS ENGINEERS
22
66
Q4: EI Segundo currently provides unlimited bulky (large) item
pickups for residents. How many bulky item pick-ups do you
feel residents actually need per year?
Number of Bulky Item Pick-Ups Needed
I to 2 304
3to4
5 or more i
Y
:13% z6% 21%
TOTAL Online Paper
77% of the respondents need "3-4" or fewer bulky item pick-ups per year.
SCS ENGINEERS
23
67
Q4: Would you be willing to pay for this service?
Willingness to Pay $351Month
Yes No
86%
g0% 78%
t l
80% 69%
70%
60% �•• 1
SO%
3-1%
40% i
23% ®mI ■
304'0 14%
20% d` •a: eF ��
0% ^
TOTAL Online Paper
78%of respondents do not want to pay X35/month for theirTrash collection services
SCS ENGINEERS
24
68
Q2: Would you like the City to continue providing the current
manual (hand-tossed) method of collection or switch to the
automated side-loading method?
Preferred Collection Method if Willing to Pay $35/month
0 Manual compared to Not Willing to pay $35/month
X,4utomated
No Opinion
Respondents who said"YES"to 3645
3
$351rnonth —136%
Respondents who said"NO"to 0 73%
$35/month �5,b 122%
If respondents were willing to pay $35/month, there was a slight
preference for manual service if there was a preference indicated.
SCS ENGINEERS
25
69
Republic Residential Agreement
• Expires October 31 , 2018
• Offering the following for manual service:
2-year extension of existing manual service
1St year: $16.95/unit = $810,000
• 2nd year: $19.55/unit = $934,000
1 -year extension of existing manual service
1St year: $19.55/unit
SCS
ENGINEERS
70
Future Residential Options
Automated Collection �°"`" Rate
IQTII 196 ggal)all Hauler
l Cuhrer City $ 31.38 City
• 3-cart system: Trash, I-Sardena $ 20.24 Waste Resources
Hawthorne $ 25.09 Reoublic
Recyclables, Organics lHerrnosa $ 20.71 Athens
Redondo Beach $ 17.06 Athens
■
2-carts stem: Trash Manhattan Beach 21.19 WM
Santa Monica $ 49.47 City
and RecyclablesTorrance $ 27.64 City
long Beach $ 24.11 City
Rancho Palos Verdes $ 33.35 EDCO
Thousand Oaks $ 33.83 WM
Pasadena $ 3470 City
Rolling Hills Estates $ 41.17 WM
Los Angeles $ 41.32 City
[Burbank S 51.88 City
Lawndale 5 19.85
linRlewood $ 16.27
IComoton $ 21.95
iLennos $ 21.88
f.Ather $ 17.08
I Camino,Del..Aire.V&ebum $ 19.18
j Average all cities $ 28.06
1.Avera¢e So Bay Cities 3 23.13
SCS ENGINEERS
27
71
Future Options
• Extend contract for existing services for
1 or 2 years
• Negotiate for new long-term contract with
Republic
• Automated, 2 or 3 cart system
• Prepare RFP and seek bids for a new
residential contract
• Automated collection
• Manual - if regulatory compliance can be
achieved
• Issue 5-year notice of intent to franchise
commercial haulers
SCS ENGINEERS
28
72
REPUBLIC
SERVICES
July 5, 2018
Ken Berkman, PE
Director of Public Works
City of EI Segundo
350 Main St
EI Segundo, CA 90245-3813
Subject: Curbside Recycle and Waste Collection
Dear Mr. Berkman,
As previously discussed, and in an effort to demonstrate good faith, Republic
Services proposes a month-to-month rate of$16.55 per home good for up to six(6)
months beyond our current refuse collection agreement expiration date.
We are happy to discuss this matter further as you wish. Please contact us with any
questions.
Respectfully,
Dawn M. Harris-Benton
Municipal Services Manager
Republic Services- Gardena Hauling Division
Cc: Ray Grothaus, General Manager
Republic Services- Gardena Hauling Division
73
EL SEGUNDO CITY COUNCIL MEETING DATE: July 17, 2018
AGENDA ITEM STATEMENT AGENDA HEADING: Reports of Committees,
Commissions and Boards
AGENDA DESCRIPTION:
Consideration and possible action to adopt a Resolution revising the Environmental Committee
By-Laws. (Fiscal Impact: None)
RECOMMENDED COUNCIL ACTION:
1. Adopt a Resolution amending the Environmental Committee's proposed By-Laws.
2. Alternatively, discuss and take other possible action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
1. Draft resolution adopting revised Environmental Committee By-Laws
2. Environmental Committee Revised By-Laws
FISCAL IMPACT: None
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
STRATEGIC PLAN:
Goal: 1 Enhance Customer Service and Engagement
Objective: Ib El Segundo's engagement with the community ensures excellence
ORIGINATED BY: Jasmine Allen, Interim Managementst
REVIEWED BY: Ken Berkman, Public Works Dir ctorV
APPROVED BY: Greg Carpenter,City Manager
BACKGROUND AND DISCUSSION:
The El Segundo City Council adopted the first Environmental Work Plan on January 8, 2008,
and thus established the Environmental Work Council, now called the Environmental
Committee. The Environmental Committee is tasked with reviewing current City environmental
practices and identifying new goals and objectives for City governance over municipal,
residential and business entities within its jurisdiction.
On February 20, 2018, the City Council of the City of El Segundo adopted Environmental
Committee's by-laws via Resolution No. 5075. Due to the fact that the standing Environmental
Committee meeting now falls outside of standard operating hours for the City, the Committee
would like to move the meeting to a new mutually agreed upon standing time, which is 12:00
noon on the first Friday of the month that City Hall is open. This will eliminate difficulty in
accessing the building outside of standard City hours.
74
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL
SEGUNDO ADOPTING THE BY-LAWS FOR THE ENVIRONMENTAL
COMMITTEE, AS AMENDED.
The City Council of the City of EI Segundo does resolve as follows:
SECTION 1: Recitals:
A. The EI Segundo City Council adopted the first Environmental Work Plan on
January 8, 2008, and thus established the Environmental Work Council,
now called the Environmental Committee;
B. On February 20, 2018, the City Council adopted Resolution No. 5075,
formally adopting the Committee's by-laws;
C. On June 18, 2018, the Environmental Committee approved an amendment
to its by-laws to change its regular meeting time and day — from the third
Monday of each month at 6:00 p.m. to the first Friday of each month that
City Hall is open at 12:00 p.m. — and requests that the City Council adopt
the Environmental Committee's revised by-laws (Article V— Meetings);
D. The City Council now desires to adopt the Environmental Committee's
proposed bylaws, as amended.
SECTION 2: Adoption of the By-laws. The by-laws recommended for adoption by the
Committee and attached as Exhibit A are hereby adopted.
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 12018-
Drew
2018.Drew Boyles, Mayor
ATTEST:
Tracy Weaver, City Clerk
APPROVED AS TO FORM:
Page 1 of 2
75
Mark D. Hensley
City Attorney
Page 2 of 2
76
CITY OF EL SEGUNDO- ENVIRONMENTAL COMMITTEE
BY-LAWS
ARTICLE I—NAME
The name of this organization shall be the Environmental Committee.
ARTICLE II— PURPOSE
The purpose of the Environmental Committee is to research and advise the City Council on
environmental-related issues, such as any programs or business practices including but not
limited to those that affect air quality, energy usage, solid waste, urban planning and
development, hazardous waste, transportation and water usage. The Committee shall
collaborate with City staff and the local community to help formulate responsible
environmental strategies that are consistent with governmental standards, and to provide
suggestions for a "best practices" approach to implementing environmentally conscious
standards. The Committee is a standing advisory committee that serves at the pleasure of the
City Council.
ARTICLE III—QUALIFICATIONS
Members of the Environmental Committee shall represent a cross-section of the community,
including both residents and business representatives who have applicable knowledge and
notable interest in Environmental issues and practices.
ARTICLE IV—MEMBERSHIP
The Environmental Committee shall be composed of six (6) voting members appointed by the
City Council, three (3)to represent the residential perspective and three (3)to represent the
business perspective, plus one (1) voting member appointed by ESUSD. A Public Works staff
person shall support the Committee in a de facto status.
The City Council shall appoint at least one (1) member of the City Council to serve as a non-
voting liaison for the Committee.
• Section I —Selection of Members
o The City of EI Segundo shall advertise and solicit applications to fill any vacant
position among the six voting members appointed by the City Council that might
occur. After the application period has closed, the Chair and Vice Chair of the
1
77
Environmental Committee shall review the applications with the sole purpose of
making a recommendation for selection to the Mayor and members of the City
Council. The Council may interview the recommended candidates and the City
Council shall make the final selection and appointments. A candidate for a City seat
on the Committee may not serve on the Committee without City Council final
approval.
s Section II —Term of Office
o The term for each voting member of the Environmental Committee is four (4) years,
with the exception of the ESUSD seat, which must be reappointed by ESUSD
annually. Terms are set on a rotating basis to avoid turnover of the complete
Committee at any time.
• Section III —Compensation
o Environmental Committee members shall serve without compensation.
• Section IV—Removal
o Members of the Environmental Committee are expected to attend all meetings.
When any member has three or more consecutive absences, or a total of 6 or more
within a 12-month period, the member's seat will be deemed vacant.
ARTICLE V— MEETINGS
All meetings of the Committee shall be publicly noticed, open to the public and in a publicly
accessible location as required by State law.
Section I — Regular Meetings
o Regular meetings of the Environmental Committee shall be on the first Friday of
each month that City Hall is open, commencing at 12:00 pm. The location shall be a
meeting room in City Hall.
Section II —Special Meetings
o Special Meetings of the Environmental Committee may be held at any time upon
the call of the Committee Chair, or by a majority of the voting members, or the City
Council following at least forty-eight (48) hours' notice to each Committee member.
The Committee Chair or a majority of the voting members shall determine the time
and location of the Special Meeting.
Section III —Quorum
2
78
o A majority of the voting members of the Environmental Committee shall constitute a
quorum. A quorum is necessary for action by the Environmental Committee.
e Section IV—Voting
o Each voting member shall have one vote.
o Section V—Meeting Procedures
o Except as otherwise provided by these By-laws, City Council Resolutions or State law,
the Environmental Committee will follow the latest edition of the Robert's Rules of
Order for the orderly conduct of meetings.
ARTICLE VI -OFFICERS
Officers of the Environmental Committee shall be a Committee Chair and a Vice Chair who shall
serve at the pleasure of the Environmental Committee. Term of office shall be for two (2)
years. Duties of the officers shall conform to the regular parliament duties set forth by the
latest edition of the Robert's Rules of Order, unless otherwise stated.
Section I —Committee Chair
o The Committee Chair shall preside over the meetings of the Environmental
Committee.
o The Committee Chair shall work with Public Works staff to draft the monthly
meeting agenda.
Section II —Committee Vice Chair
o During the absence, disability, or disqualification of the Committee Chair, the
Committee Vice Chair shall perform all the duties and be subject to all the
responsibilities of the Committee Chair. The Committee Vice Chair shall succeed
the Committee Chair if he/she vacates the office before the term expires. If this
occurs, a new Committee Vice Chair shall be elected at the next regular meeting.
e Section III — Duties of the Environmental Committee Members
o It is intended that the Environmental Committee shall serve an advisory body to
the City Council. Nothing herein contained shall be construed as a limitation on
the powers of the City Council or the City's administrative staff in their
supervision or authority over property or personnel under their jurisdiction.
o Members of the Environmental Committee are not expected to perform any
services or work that would normally be performed by City staff or contractors.
3
79
ARTICLE VII —OFFICIAL DOCUMENTS
Section I —Agendas
o Agendas for all meetings shall be prepared and maintained with the
Environmental Committee records by a staff member from the Public Works
Department. Copies shall be distributed to each Environmental Committee
member, City Council member, and to the City Clerk.
■ Section II —Minutes
o Minutes of all meetings shall be prepared and maintained with the
Environmental Committee records by a staff member from the Public Works
Department. Copies shall be distributed to each Environmental Committee
member, City Council member, and to the City Clerk.
■ Section II — Distribution of Documents
o Preparation and distribution of Environmental Committee documents to the
members, City Council and City Clerk shall be the responsibility of a designated
staff member from the Public Works Department.
ARTICLE VIII—CONDUCT OF MEMBERS
Section I —Personal
o Environmental Committee members shall make no personal commitment on
behalf of the Environmental Committee without the Committee's majority
approval.
Section II —Conflict of Interest
o Members of the Environmental Committee shall abstain from participating in
any matter to come before the Environmental Committee in which he or she has
any direct or indirect economic interest. Should a conflict of interest exist, the
Committee member shall recuse himself/herself from discussions and abstain
from voting. A yearly Conflict of Interest Statement shall be filed with the City
Clerk.
• Section III —Attendance at Meetings
o Members are expected to attend the monthly meeting. When any member has
three or more consecutive absences, or a total of 6 or more within a 12-month
period, the member's seat will be deemed vacant.
4
80
ARTICLE IX—ASSISTANCE OF STAFF
The Public Works Director, or designee, shall provide the Environmental Committee with such
information and staff assistance as the Environmental Committee may request from time to
time subject to the limitations imposed by the City Council. The staff member(s) designated by
the Public Works Director shall attend meetings of the Environmental Committee and submit
such reports as requested by the Environmental Committee and as deemed necessary or
desirable, subject to limitations imposed by the City Council.
ARTICLE X—AMENDMENTS
The Committee may recommend amendments to these By-laws. Such recommendations may
be made by simple majority of the voting members at any legal meeting of the Environmental
Committee. Such amendments must be approved by the City Council.
PASSED AND ADOPTED by the Environmental Committee—June 18, 2018
PASSED AND ADOPTED by the EI Segundo City Council —
5
81
EL SEGUNDO CITY COUNCIL MEETING DATE: July 17, 2018
AGENDA STATEMENT AGENDA HEADING: Committee, Commissions and Boards
AGENDA DESCRIPTION:
Consideration and possible action to announce the appointments to the Library Board of
Trustees and Economic Development Advisory Council. (Fiscal Impact: None)
RECOMMENDED COUNCIL ACTION:
1. Announce the appointees; and/or,
2. Alternatively, discuss and take other possible action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
FISCAL IMPACT: None
Amount Budgeted: $None
Additional Appropriation: N/A
Account Number(s):
STRATEGIC PLAN:
Goal: 1 Enhance Customer Service Engagement
Objective: 1(b) The City engages in regular, intentional information gathering
ORIGINATED BY: Mishia Jennings, Executive Assistantao/ ,
REVIEWED BY:
APPROVED BY: Greg Carpenter, City Manager
BACKGROUND AND DISCUSSION:
Committee/Commission and Number of Appointee(s) Term Expiration
Board Openings
Library Board of Trustees Two David Jonta Full Term Expires June 30, 2021
Carol Ericson Partial Term Expires June 30, 2019
Economic Development Advisory Four Lance Giroux No Term Expiration
Council (EDAC) Tim Harris No Term Expiration
Corinne Murat No Term Expiration
James McCaulley No Term Expiration
82
CITY OF EL SEGUNDO
WARRANTS TOTALS BY FUND
3021645- 3021828 DATE OF APPROVAL: AS OF JULY 0.1,2019 REGISTER 8 18
9000453- 9000454
GENERAL FUND 892,433.37
104 TRAFFIC SAFETY FUND -
106 STATE GAS TAX FUND 228.66
108 ASSOCIATED RECREATION ACTIVITIES FUND -
109 ASSET FORFEITURE FUND 12,880.94
111 COMM.DEVEL.BLOCK GRANT -
112 PROP"R"TRANSPORTATION 1,300.29
114 PROP"C TRANSPORTATION 422.50
115 AIR QUALITY INVESTMENT PROGRAM -
`� 116 HOME SOUND INSTALLATION FUND 311,63
117 HYPERION MlT1GATtON FUND 36538
118 TDA ARTICLE 3-SB 82161KEWAY FUND -
119 MTAGRANT -
121 FEMA
120 C.O,P,S.FUND
122 L.A.WA.FUND -
123 PSAF PROPERTY TAX PUBLIC SAFETY -
202 ASSESSMENT DISTRICT#73 -
301 CAPITAL IMPROVEMENT FUND 58,385.12
302 INFRASTRUCTURE REPLACEMENT FUND -
405 FACILITIES MAINTENANCE -
501 WATER UTILITY FUND 16,998.94
502 WASTEWATER FUND 6.084.58
503 GOLF COURSE FUND 6,000 00
601 EQUIPMENT REPLACEMENT 94,674.22
602 LIABILITY INSURANCE 15,397.20
603 WORKERS COMP.RESERVEANSURANCE 3,194.83
701 RETIRED EMP.INSURANCE 11,693-62
702 EXPENDABLE TRUST FUND-DEVELOPER FEES 30,761.11
703 EXPENDABLE TRUST FUND-OTHER 10,250.00
708 OUTSIDE SERVICES TRUST -
f
TOTAL WARRANTS $ 1.163.386,12 ;J
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
Information on actual expenditures is available in the Director of F'inance's office in the
City of EI Segundo.
I certify as to the accuracy of the Demands and the availability of fund for payment thereof.
For Approval:Regular checks held for City council authorization to release.
CODES: VOID CHECKS DUE TO ALIGNMENT:
NIA
R= Computer generated checks for all nonemergencylurgency payments for materials,supplies and
services in support of City Operallons
VOID CHECKS DUE TO INCORRECT CHECK DATE:
For Ratification:
A= Payroll and Employee Benefit checks VOID CHECKS DUE TO COMPUTER SOFTWARE ERROR:
8-F= Computer generated Early Release disbursements andlor adjustments approved by the City
Manager. Such as:payments for utiiily services,petty cash and employee travel expense NOTES
reimbursements,various refunds,contract employee services consistent with current contractual
agreements,instances where prompt payment discounts can be obtained or late payment penalties
• ! can be avoided or when a situation arises that the City Manager approves.
H= Handwrillen Early Ra!ease d merds and/or adjustments approved by the City Manager
FINANCE DIRECTOR � � CITY MANAGER � -�
00 DATE: DATE:
CA)
CITY OF EL SEGUNDO
PAYMENTS BY WIRE TRANSFER
6/11/18 THROUGH 6124118
Date Payee Description
6/11/2018 West Basin 1,770,643.34 H2O payment
6/15/2018 Manufacturers&Traders 24,024.01 457 payment Vantagepoint
6/15/2018 Manufacturers &Traders 500.00 IRA payment Vantagepoint
6/15/2018 Nationwide NRS EFT 30,816.48 EFT 457 payment
6/15/2018 Health Comp 1,911.62 Weekly claims
6/18/2018 State of CA EFT 1,865.10 EFT Child support payment
6/18/2018 IRS 232,752.93 Federal 941 Deposit
6/1812018 Employment Development 52,375.68 State PIT Withholding
6/18/2018 Employment Development 3,936.45 State SDI payment
6/18/2018 Joint Council of Teamsters 4,635.00 Vision Insurance payment 6/2018
6/18/2018 Joint Council of Teamsters 4,665.00 Vision Insurance payment 7/2018
6/22/2018 Health Comp 192.31 Weekly claims
6120/2018 Lane Donovan Golf Ptr 22,704.33 Payroll Transfer
6/4/18 /10118 Workers Comp Activity 27,693.64 SCRMA checks issued
6/11/18-6/17/18 Workers Comp Activity 41,419.82 SCRMA checks issued
614/18-6/10/18 Liability Trust-Claims 0.00 Claim checks issued
6111/18-6117/18 Liability Trust-Claims 0.00 Claim checks issued
614118-6110/18 Retiree Health Insurance 0.00 Health Reimbursment checks issued
6111118-6117/18 Retiree Health insurance 0.00 Health Reimbursment checks issued
2,220,135.71
DATE OF RATIFICATION: 6121/18
TOTAL PAYMENTS BY WIRE: 2,220,135.71
_Certified as to the accuracy of the wire transfers by:
Deputy City Treasurer II/ Date
Director of Fi ance Date
Z i�_ 1, (1a4_, I-- -I?I
City Manager Date
Information on actual expenditures is available in the City Treasurers Office of the City of EI Segundo.
PACity TreasurerlWire TransferslWire Transfers 10-01-17 to 9-30-18 6121/2018 1/1
84
CITY OF EL SEGUNDO
WARRANTS TOTALS BY FUND
3021829 - 3021991 DATE OF APPROVAL: AS OF JULY 17.2018 REGISTER 0 19
9000455- 9000492
GENERAL FUND 419,471.68
104 TRAFFIC SAFETY FUND
106 STATE GAS TAX FUND -
108 ASSOCIATED RECREATION ACTIVITIES FUND
109 ASSET FORFEITURE FUND 741.89
111 COMM.DEVEL.BLOCK GRANT -
112 PROP"A'TRANSPORTATION 742.00
114 PROP'C'TRANSPORTATION
115 AIR QUALITY INVESTMENT PROGRAM -
116 HOME SOUND INSTALLATION FUND -
117 HYPERION MITIGATION FUND 5576
118 TDA ARTICLE 3-SB 821 BIKEWAY FUND -
119 MTA GRANT
121 FEMA
120 C.O.P.S.FUND
122 LA.W.A FUND -
123 PSAF PROPERTY TAX PUBLIC SAFETY
202 ASSESSMENT DISTRICT 073
301 CAPITAL IMPROVEMENT FUND 7,000.GO
302 INFRASTRUCTURE REPLACEMENT FUND
405 FACILITIES MAINTENANCE -
501 WATER VI1UTY FUND 9,167,12
502 WASTEWATER FUND 317,657.48
503 GOLF COURSE FUND 6,504.55
601 EQUIPMENT REPLACEMENT 20.473.22
602 LIABILITY INSURANCE 718.82
603 WORKERS COMP.RESERVEIINSURANCE 2,156.43
701 RETIRED EMP INSURANCE -
702 EXPENDABLE TRUST FUND-DEVELOPER FEES 1,920.00
703 EXPENDABLE TRUST FUND-OTHER 1,837.44
708 OUTSIDE SERVICES TRUST
TOTAL WARRANTS $ 828.040.65
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
Information on actual expenditures is available in the Director of Finance's office in the
City of El Segundo.
I certify as to the accuracy of the Demands and the availability of fund for payment thereof
For Approval:Regular checks held for City council authorization to release.
CODES: VOID CHECKS DUE Tq�LiGNMENT:
�r
R= Computer generated Alecks for all non-emergency/urgency payments for materials,supplies and
services in support of City Operations
For Ratification: VOID CHECKS DUE TO INCORRECT CHECK DATE:
A= Payroll and Employee Benefit checks VOID CHECKS DUE TO COMPUTER SOFTWARE ERROR:
B-F= Computer generated Earty Release disbursements and/or adjustments approved by the City
Manager. Such as:payments for utility services,petty cash and employee travel expense NOTES
reimbursements,various refunds,contract employee services consistent with anent contractual
agreements,instances VrMfs prompt payment discounts Can be OhWnad or late payment penallies
can be avoided or wrlen a situation arises that the City hlanager approves
H= Handwrillen Early Release disbursements andlaraduslmants approved by the City t tanager-
FINANCE DIRECTOR CfrY MANAGER
00
C. DATE: �� �! { DATE: 7 //�
CITY OF EL SEGUNDO
PAYMENTS BY WIRE TRANSFER
6/25/18 THROUGH 7/8/18
]ate Payee Description
6/28/2018 Cal Pers 225,000.00 Annual OPEB payment
6/29/2018 Manufacturers &Traders 25,101.55 457 payment Vantagepoint
6/29/2018 Manufacturers &Traders 500.00 IRA payment Vantagepoint
6/29/2018 Cal Pers 4,306.91 EFT Retirement Safety-Fire-PEPRA New 25020
6/29/2018 Cal Pers 6,724.09 EFT Retirement Safety-Police-PEPRA New 25021
6/29/2018 Cal Pers 25,812.47 EFT Retirement Misc-PEPRA New 26013
6/29/2018 Cal Pers 48,877.26 EFT Retirement Misc-Classic 27
6/29/2018 Cal Pers 64,917.57 EFT Retirement Safety Police Classic- 1 st Tier 28
6/29/2018 Cal Pers 53,742.61 EFT Retirement Safety Fire-Classic 30168
6/29/2018 Cal Pers 3,942.60 EFT Retirement Sfty Police Classic-2nd Tier 30169
7/2/2018 IRS 226,117.71 Federal 941 Deposit
7/2/2018 Employment Development 48,181.66 State PIT Withholding
7/2/2018 Employment Development 4,125.19 State SDI payment
7/2/2018 Nationwide NRS EFT 30,702.75 EFT 457 payment
7/3/2018 Health Comp 1,546.10 Weekly claims
7/3/2018 Cal Pers 4,306.91 EFT Retirement Safety-Fire-PEPRA New 25020
7/3/2018 Cal Pers 6,724.09 EFT Retirement Safety-Police-PEPRA New 25021
7/3/2018 Cal Pers 24,360.04 EFT Retirement Misc-PEPRA New 26013
7/3/2018 Cal Pars 48,405.20 EFT Retirement Misc- Classic 27
7/3/2018 Cal Pers 65,209.69 EFT Retirement Safety Police Classic - 1st Tier 28
7/3/2018 Cal Pers 53,742.61 EFT Retirement Safety Fire-Classic 30168
7/3/2018 Cal Pers 3,942.60 EFT Retirement Sfty Police Classic-2nd Tier 30169
7/6/2018 Health Comp 192.31 Weekly claims
7/6/2018 Cal Pers 200.00 Admin Fee-Late Payroll Reporting
7/6/2018 Cal Pers 200.00 Admin Fee-Late Payroll Reporting
7/6/2018 Cal Pers 200.00 Admin Fee-Late Payroll Reporting
7/5/2018 Lane Donovan Golf Ptr 21,588.96 Payroll Transfer
6/18/18-6/24118 Workers Comp Activity 0.00 SCRMA checks issued
6/25/18-7/1118 Workers Comp Activity 0.00 SCRMA checks issued
6/18/18-6/24/18 Liability Trust-Claims 1,650.87 Claim checks issued
6/25/18-711/18 Liability Trust-Claims 0.00 Claim checks issued
6/18/18-6124/18 Retiree Health Insurance 0.00 Health Reimbursment checks issued
6/25/18-711118 Retiree Health Insurance 0.00 Health Reimbursment checks issued
1,000,321.75
DATE OF RATIFICATION: 719118
TOTAL PAYMENTS BY WIRE: 1,000,321,75
Certified as to the accuracy of the wire transfers by:
Deputy City Treasurer II Date
x� `?All e
irector o nan Date
City Man r Date
Information on actual expenditures is available in the City Treasurer's Office of the City of EI Segundo,
P:ICity TreasurerlWire Transfers\Wire Transfers 10-01-17 to 9-30-18 7/918 111
CONTINUED MEETING OF THE EL SEGUNDO CITY COUNCIL
WEDNESDAY, JUNE 13, 2018, 8:30 AM
To Run Concurrently with the Special City Council Meeting (Strategic Planning Session).
8:30 A.M. SESSION —
CALL TO ORDER — Mayor Boyles at 8:31 AM
PLEDGE OF ALLEGIANCE — Council Member Brann
ROLL CALL
Mayor Boyles - Present
Mayor Pro Tem Pirsztuk - Present
Council Member Brann - Present
Council Member Pimentel - Present
Council Member Nicol - Present
PUBLIC COMMUNICATIONS — (Related to City Business Only) —
Cheryl Smith, resident, in favor of the Social Host Ordinance as written.
Paul Lanyi, resident, in favor of the Social Host Ordinance with a few changes pertaining to the
recovery costs and removing the "locking" up of alcohol when leaving the house.
Dave Collard, resident, in favor of the Social Host Ordinance with changes, feels the Ordinance is
too broad.
Melissa McCaverty, resident, in favor of the Social Host Ordinance as written.
A. CONSENT AGENDA
1. Consideration and possible action regarding the second reading and adoption of Ordinance
No. 1567 to prohibit gatherings where underage drinking or illegal drug use occurs, and
Ordinance No. 1568 to prohibit loud and unruly gatherings and provide a means for the City
to hold responsible persons liable by imposing civil penalties and, for repeat offenders,
holding them accountable for enforcement response costs associated with responding to
recurring nuisances.
Consideration and possible action to adopt Resolution No. amending the schedule of
fines for administrative citations pertaining to violations of Ordinance Nos. 1567 and 1568.
(Fiscal Impact: To Be Determined)
Greg Carpenter, City Manager, introduced the item
Council Discussion
Council consensus to bring back Ordinance No. 1567 to the July 17, 2018 regular City
Council meeting. Council would like the Ordinance to be more concise and refined, less
ambiguous.
7
87
MOTION by Mayor Pro Tem Pirsztuk, SECONDED by Council Member Nicol, amending Ordinance
No. 1568; remove recovery costs and for both the Ordinance and Resolution amending the 90
days period to the following; 2 offenses within 90 days will equal $2,500.00 and $5,000.00
respectively and thereafter, if an offense occurs within 12 months, the fine will be $7,500 for each
offense. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0
ADJOURNMENT at 2:32 PM
Tracy Weaver, City Clerk
88
SPECIAL MEETING OF THE EL SEGUNDO CITY COUNCIL
WEDNESDAY, JUNE 13, 2018, 8:30A.M.
EI Segundo Clubhouse
(Located at Recreation Park)
300 East Pine Ave., EI Segundo, CA 90245
(Strategic Planning Workshop)
8:30 A.M. SESSION
CALL TO ORDER — Mayor Boyles at 8:31 AM
PLEDGE OF ALLEGIANCE — Council Member Brann
ROLL CALL
Mayor Boyles - Present
Mayor Pro Tem Pirsztuk - Present
Council Member Brann - Present
Council Member Pimentel - Present
Council Member Nicol - Present
PUBLIC COMMUNICATIONS — (Related to City Business Only) — 5 minute limit per person, 30
minute limit total)
See Continued Meeting Minutes for Public Comments
SPECIAL ORDERS OF BUSINESS:
1. Consideration and possible action regarding a strategic planning workshop resulting in City
Council receiving and filing of staff's discussion, analysis, and recommendations for the
Fiscal Year 2018-2019 Strategic Plan in preparation for the FY 2018-2019 budget. The
session will include the following matters:
a. Welcome by the Mayor— Drew Boyles, commented on the day and the accomplishments of
the Council.
b. Comments from the City Manager—Welcomed everyone, thanked those involved in the
Strategic Planning Session and announced his retirement, June 30, 2019.
c. Review agenda and objectives for today — Jan Perkins, Management Partners Facilitator,
gave an overview of the agenda for the day. Rules for the day; Engage Fully, Listen to
Understand, Seek Consensus, Stay Focused, Assume Good Intentions.
d. Icebreaker: Heike Fallon — Engaged the group in an exercise to get everyone moving for a
long day of Strategic Planning.
e. Brief comments by Department Heads regarding planned and desired changes and
improvements in their departments;
Chief Whalen (PD) — Recruitment and retention (Succession Plan)
Chief Donovan (FD) — "Sharpen the Saw" — Continue employee/leadership
development
89
Charles Mallory (IT) — Create a service oriented department. Execute the Technology
Master Plan, Evolve the Master Plan, SAS (Software of Service) bring into the
Strategic Plan in the next few years.
Meredith Petit (RP) — New vision statement, "We engage, We inspire, We play"
Sam Lee (PBS) — Open and transparent, open to change, RFP — Permit System,
Build the Business Permit Center, Continue to improve zoning, recruitment, retention
and succession.
Melissa McCollum (L) — Cultivating a Culture of Service and Innovation, which
includes completing 1St Floor remodel, upgrade technology (self-checkout, wireless
printing, expanded digital collection, laptop kiosk and online booking for community
rooms) and Community Outreach in order to better serve the community's needs.
Joe Lillio (F) — Continue to enhance customer service — 24 hours a day, continue to
address the pensions, continue to maintain fiscal sustainability, continue professional
development.
Human Resources — Recruitment and developing an employee engagement program
Recess at 10:18 AM
Reconvened at 10:31 AM
f. Present brief overview of financial outlook for FY 2018-19 - Joe Lillio, Finance Director, gave
a brief overview of the FY2018-19 Plus 5-Year Forecast. A comprehensive Budget Session
is slated for July 17, 2018, with follow up meetings in August and September.
g. Status report on current Strategic Plan priorities and key performance indicators (KPIs)
(Refer to attached Exhibit A — Status Report on the Current Strategic Plan Priorities)
Group discussion — See Jan Perkins, facilitator, notes attached.
Several departments gave examples of current KPI indicators as it applies to their
departments; Fire, Police and Public Works.
Employee survey overview— Greg Carpenter
Lunch Break at 11:53 AM
Reconvened at 12:30 PM
h. Discussion and direction on Strategic Plan priorities for FY 2018-19
(Refer to attached Exhibit B — Councilmember and Staff Priorities for FY 2018-19)
Group discussion on Current Goals developed at last year's Strategic Planning
Session; add Communication to Goal 1.
Group Discussion on the City's goals/priorities as identified with Jan Perkins prior to
today's meeting. — See Jan's notes attached.
Group discussion surrounding Committee's, Commission's and Board's expectations
from Council. Hold a meeting with Council and/or several Council Members and the
Chairs for a discussion on expectations.
Mayor Boyles read a letter into the record from Kelly Watson, resident, pertaining to
the City's transportation situation.
Council dot voted the priorities within each of the 5 Goals. See Jan's notes attached
for results.
Council consensus to revisit the priorities/non-priorities identified with the Dot voting
at Mid Year.
90
Council directed staff to create 1-3 KPI's per Goal present back to Council at the July
17, 2018 Budget session.
i. Wrap up and next steps
Each meeting participant gave a one sentence wrap-up of what they will take away
from today's meeting.
2. Council may raise other issues related to staff's preparation of the FY 2018-2019 Strategic
Plan.
Attached are detailed notes from Jan Perkins, facilitator, on the day's session.
ADJOURNMENT at 2:32 PM
Tracy Weaver, City Clerk
91
rtt'i,:•r
NOON .
I
4-10CRN ORATE 1511-t
City of EI Segundo
Council Priority Setting Workshop
Held June 13, 2018
July 2018
Managem7ent
Partners
Council Priority Setting Workshop
Table of Contents Management Partners
Table of Contents
WorkshopReport.................................................................................................................................1
WorkshopOverview....................,...............................................................................................1
WorkshopParticipants...............................................................................................................2
Mayor's Comments................................................................................................ . .................3
CityManager's Comments........................................................:................................................4
Icebreaker.............................................................................. .+. ...................................................5
Roles of City Council and Staff in Strategic Planning..............................................................5
Department Plans/Visions....................................................... . ...... ... ..........6
FinancialOverview.......................................................................................................................8
Key Accomplishments and Current Strategic Plan Priorities......,...........................................8
Key Performance Indicators.......................................................................................................9
Employee,Resident, and Business Surveys......................................,.....................................10
Multi-Year Goals........................................................................................................................1.1
Priorities.. .............................................................................................................................12
Preparing the Update to the Strategic Plan........................ . .... .. ....;. ..................................14
BikeRack....................................................................................................................................14
WrapUp and Next Steps.................................:...........................:.............. ....:....:..........,........14
ClosingComments....................................................................................................................15
i
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Council Priority Setting Workshop
Workshop Report Management Partners
�Workshop Report
The City of El Segundo held City Council strategic planning workshop on
Wednesday,June 13, 2018 at the George E. Gordon Clubhouse in El
Segundo, from 8:30 am—2:30 pm.The workshop provided an
opportunity for Councilmembers and the executive team to review
strategic planning roles,understand the status of the current strategic
plan, review key performance indicators (KPIs), and determine priorities
for the upcoming year. This report contains a summary of the results of
the workshop.
Jan Perkins, Senior Partner with Management Partners, facilitated the
workshop.
Workshop Overview
Objectives
Understand
department heads' Understand
plans and visions financial outlook
for change and
improvement
Understand Consensus on
progress of current priorities for FY
priorities and KPIs 2018-19
Strategic
{ direction -- --- -- —*
Agenda
• Welcome by the Mayor
• Public comments
■ Icebreaker—Heike Fallon
■ Comments from the City Manager
• Review agenda and objectives for the day
• Discussion of strategic planning and roles
1
94
Council Priority Setting Workshop
Workshop Report Management Partners
• Department head presentations about plans for their departments
• Financial overview
• Status report of current strategic plan priorities and key
performance indicators (YPIs)
• Discussion of strategic plan priorities for FY 2018-19
• Wrap up and next steps
Workshop Ground Rules. At the start of the workshop,the facilitator
suggested several ground rules to help the group have a successful
workshop.
• Engagefully
• Listen to understand
• Seek consensus
• Stay focused
• Assume good intent
Workshop Participants
Council Members
Mayor Mayor Pro Tem Council Member
Drew Boyles Carol Pirsztuk Don Brann
r
4
oi-V
Council Member Council Member
Chris Pimentel Scot Nicol
.01
. 7
2
95
Council Priority Setting Workshop
Workshop Report Management Partners
Executive Management Team
• Greg Carpenter,City Manager
• Joseph Lillio, Finance Director
■ Ken Berkman, Public Works Director
• Christopher Donovan,Fire Chief
• Sam Lee,Director of Planning and Building Safety
• Charles Mallory,Information Services Director
In Melissa McCollum,Director of Library Services
+ Meredith Petit,Director of Recreation and Parks
■ Bill Whalen,Police Chief
Workshop Preparation.In preparation for the workshop,Jan Perkins
conducted individual interviews with each member of the City Council,
facilitated a workshop with the executive team to discuss departmental
needs and worked with staff on various materials for the June 13 session.
w
r -
+7
Mayor's Comments
The workshop kicked-off with a welcome from the Mayor.He suggested
the City make a point of taking time to focus on their"wins" and he
highlighted the following items.
• Employee engagement survey
• Talented people around these tables today
• We have five strategic objectives we're rallying around
3
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Council Priority Setting Workshop
Workshop Report Management Partners
• We've started installing a performance management culture with
metrics
• Addressing pension costs
• Net promoter score
• New technology and positions for crime reduction
• New investment in technology
• Committees, commissions and boards with"bottoms up" mindset
He then noted several issues that may present challenges in the future, as
follows.
■ Change management
■ Changing fees
• Get ahead of technology
• Communication with constituents
• Prepare for catastrophes
• Become more aware of how we are perceived as an employer
• LAX issues
• Become known as the "most important 5 miles in the SoCal
economy"
City Manager's Comments
The City Manager provided opening comments,which included
emphasizing the importance of the day's session. He noted that the
workshop was important to department heads for alignment,
understanding, and direction from Council. He also announced that his
retirement will occur on June 30, 2019.
4
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Council Priority Setting Workshop
Workshop Report Management Partners
Icebreaker
Following the opening comments from the Mayor and City Manager,
local resident Heike Fallon led the group through an energetic opening
exercise to help everyone get ready for the day.
Roles of City Council and Staff in Strategic Planning
Facilitator Jan Perkins reviewed the strategic planning roles of City
Council and staff,which are shown in this graphic.
*Set the vision
City Council *Establish broad key goals
*Set policy priorities
*Create departmental strategies
Executive Staff •Develop implementation
approaches
Comments were offered by Councilmembers and staff, as follows.
• It is important for us to all buy-in to the roles on this slide.
• We (as Council) could do a better job of assisting staff by letting
them know what we expect on staff reports when we are changing
policy.
• A communication plan needs to be created for any change we are
making. It should not be an afterthought;need resources.
• We would benefit by having job descriptions for city council,
committees, commissions, and boards.
• We could do a better job of providing more information,
communication; could have more study sessions to discuss issues
as a way to move things forward.
• Staff needs to know what the right amount of information is
needed in staff reports; possibly redesign the template to have
categories of information needed.
• Part of change management is getting people to buy in to the
benefit of the change.
• A graphic should show an arrow going both ways between
Council and staff;need to add the committees, commissions and
boards to the graphic. City clerk and treasurer also need to be
shown.
5
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Council Priority Setting Workshop
Workshop Report Management Partners
Cit Council "M
Committees,
City Commissions, Boards
City Executives and City Clerk
Other City Staff ���' City Treasurer
�1'�\ti\Y ti
Department Plansf Visions
Each department head shared the major areas of focus for their
departments over the next few years. A summary of the department
comments is presented in Table 1,below.
Table 1. Department Areas of Focus
Department
• Recruitment and retention
Police Crime analyst brings us to another level of solving crimes
■ Focus is on"sharpening the saw"
Employee and leadership development
• Health and wellness(mental, physical,environmental)
Fire • 3-5-year accreditation—self assessment,internal evaluation
• Execute the current Technology Master Plan
Information • Will evolve the master tech plan in light of evolving trends
Technology • Focus is on creating a service-oriented department
• "We engage,we inspire,we play"=new vision statement
• New software to reach out to community
• Inspire staff and volunteers
i Back to basics in recreation
Recreation and • "Skate toward where the puck is going to be not where it has been."
Parks Wayne Gretzky
6
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Council Priority Setting Workshop
Workshop Report Management Partners
r Complete the facility condition assessment
■ Improve solid waste and trash collection program
Public Works ■ Complete water and sewer rates study with Finance
• Be more open,transparent,economic vitality,adapt to change
• Changes to provide better service
o New permit system(for all department involved)
o Building our new one-step business center
Planning and o Continuous improvement in our approaches
Building o Concentrate on recruitment,retention,succession
r Cultivate a culture of service and innovation
+ Library modifications
• Upgrade technology for customer service
* Arts focus
Library r Remove barriers to library access
• Enhance customer service via virtual city hall
• Strategically address rising pension costs
• Focus on financial stewardship and sustainability(examine business
models,legislation, ballot measures)
Finance • Professional development and certification of staff
■ Hire a director and reimagine the HR function
Human • Successfully recruit talented employees
Resources • Employee engagement
Following the department presentations, Councilmembers provided the
following comments.
• We've come far; strategic planning has become ingrained-clear
visions of departments.
• Create overarching goal and who it is to benefit.We exist to serve
our residents-ask why we are doing what we're doing.
• There is a theme about how information flows around the city.
■ Would be good for each department to have an overall plan at the
start of each year, so that as pieces come forward, Council can
clearly see how they fit.
• All three of these are required in malting progress:
=> Momentum
=> Alignment
=> Accountability
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Council Priority Setting Workshop
Workshop Report Management Partners
Aue'
Financial Overview
The Finance Director presented a brief overview of the City's financial
outlook, to help establish a shared understanding of the City's financial
capacity to accomplish goals and desired service delivery. He reviewed a
five-year forecast,budget assumptions,rising pension costs, and
upcoming financial decisions.
Key Accomplishments and Current Strategric Plan Priorities
Jan reviewed the key accomplishments that were highlighted during the
Council interviews.Among the accomplishments that were mentioned
are the following.
• Addressing pension liability
• Starting technology improvements
• Employee, resident,business surveys
• Downtown improvements
• New businesses
• Centennial celebration
■ Measure C
• Sepulveda renamed to PCH
• Agreement with school district about aquatics center
• Increasing property values
• Planning code changes
• Labor contracts negotiated
• New department heads
• Executive performance evaluations
Then the group discussed the status of the current strategic plan
priorities. The purpose of this discussion was to share an understanding
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Council Priority Setting Workshop
Workshop Report Management Partners
of the progress that has been made on the priorities that were set last
year, and other activities in the strategic plan.
There were 59 activities in the prior strategic plan. Of those, 16 have been
completed, for a 27% completion rate. All but two of the other activities_
are underway, and those two have a planned start day in FX 2018-19.
It was noted that there is still much work to do, and that the City needs to
enhance leadership, technology, and engagement.
Key Performance Indicators
Each department is tracking key performance indicators (KPIs)to help
inform the decision making process, make changes, and highlight
improvements. Examples of KPIs for Fire,Police, and Public Works were
presented at the workshop, and are described in Table 2,below.
Table 2. Sample Key Performance Indicators
Department Key Performance Indicator
Fire • Response time
o NFPA 1710 response time standard
o We are hitting the mark
o Identified some delays from time call hits dispatch center to
times it is dispatched;going to a pre-alert system to cut time
o Looking at other technology improvements to save on
response times
Police • Part 1 crimes
o The key to how a police department is judged
o Not a huge data set
o With the data,we...
■ Reinstated community police officer(homeless
response plan,trends)
y Brought a crime analyst on board to be a resource to
detectives
K Patrol officers are focused on crime
Public Works Pothole and sidewalk repair KPI's
o Pothole repair within a day(24 hrs.)
o Before the rainy season and each storm,we proactively
repair potholes
o Sidewalk trip hazards—proactive inventory and repair,and
excellent repair turnaround times(24-48 hr.turnaround)
o These KPI's are addressed in our capital program as well
o KPI tracking tells us we are deploying our resources correctly
o We track labor hours spent
9
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Council Priority Setting Workshop
Workshop Report Management Partners
Following the short presentations by the Fire Chief, Police Chief and
Public Works Director, the following comments were offered.
• The City of Santa Monica's performance management person is a
local resident and is on our Technology Committee;providing
helpful advice
• KPIs are a"work in progress"
• Staff will come back to Council to delete/add KPIs
• A measure of how well informed people feel they are (residents)
KPIsfor Goals: The Council asked that one to three KPIs be developed
for each of the five goals. Those will be included in the updated strategic
plan document.
r
r
:I
Employee, Resident, and Business Surveys
The City Manager reviewed action steps on the employee, resident, and
business surveys that were conducted earlier this year. Comments from
the group included:
• Council wasn't viewed favorably, so what are tangible ways to
address it?
• We should reframe some questions to get deeper answers
• Do the surveys each year,use it to help change the culture and
improve operations
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Council Priority Setting Workshop
Workshop Report Management Partners
■ Public sector recruitments are difficult so what can we do to make
our jobs more attractive;the employee survey should help us
understand that
■ Need to act on what we heard
• We are now implementing implement transaction-based surveys
• Need the key components/results of surveys in mind as we
develop implementation
■ October of each year for next round of annual surveys
Multi-Year Goals
The group discussed and confirmed the current five broad goals in the
strategic plan,with one change to Goal 1. The change in Goal l was to
add the word "communications" and is shown in red.
El Segundo's multi-year goals, and associated objectives, are listed in
Table 3 below.
Table 3. Multi-Year Goals and Objectives
GoalsObjectives
Goal 1:Enhance Customer 1.A. EI Segundo provides unparalleled service to internal
Service,and Engagement an and external customers.
Communications ! I.B. El Segundo's engagement with the community
ensures excellence.
Goal 2:Support Community ! 2.A EI Segundo is a safe and prepared community.
Safety and Preparedness
Goal 3:Develop as a Choice 3.A EI Segundo is a city employer of choice and
Employer and Workforce consistently hires for the future
3.13 The EI Segundo workforce is inspired,world-class,
engaged,with increasing stability and innovation.
Goal 4:Develop Quality 4.A. EI Segundo's physical infrastructure supports an
Infrastructure and Technology appealing,safe and effective community.
4.6 EI Segundo's technology supports effective,efficient,
and proactive municipal operations.
Goal S:Champion Economic 5.A EI Segundo promotes community engagement and
Development and f=iscal economic vitality.
Sustainability 5.13 EI Segundo approaches its work in a financially
strategic and responsible way.
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Council Priority Setting Workshop
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Priorities
Through dot-voting, Councilmembers indicated their priorities for the
next fiscal year. Each Councilmember received six dots, and placed them
next to their priorities, which were sorted by goal.
Eight items received at least 3 dots are listed below, under the associated
goal. These are all Tier 1 priorities.
Tier 1 Priorities. Sorted by Goal
Goal 1:Enhance customer service,engagement and communications.
• 'Clarify roles and expectations of the Council, committees,
commissions,boards, subcommittees and task forces.
• Develop an effective strategy for improving communications with
the public.
Goal 2: Support community safety and preparedness.
• Implement strategies for recruitment and training of police
officers.
Goal 3:Develop as a choice employer and workforce.
+ Develop a new approach to human resources that will position the
City for being a choice employer and meeting future workforce
needs.
Goal 4: Develop quality infrastructure and technology.
• Implement planned technology projects.
• Focus on improving City facilities through completing the
condition assessment and making improvements.
Goal 5: Champion economic development and fiscal sustainability.
• Continue to implement a strategy to shrink pension liabilities.
• Continue on a sustainable financial path and solve future
structural deficits.
The complete list of Tier 1 and Tier 2 priorities for FY 2018-19, sorted by
goal, are shown in Table 4 below.
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Council Priority Setting Workshop
Workshop Report Management Partners
The Tier 1 priorities are listed first under each goal and are highlighted in
yellow. The other items listed without highlighting are Tier 2 priorities.
Table 4. FY 2018-19 Tier 1 and Tier 2 Priorities Sorted by Goal
Tier 1 and Tier 2 Priorities for FY 2018-19
Goal 1: Enhance customer service and engagement
(1) Clarify roles and expectations of the Council,committees,commissions, boards, subcommittees and task forces.
(2) Develop an effective strategy for improving communications with the public.
1 (3) Strengthen relationships between Council, executives and staff.
Goal 2:Support community safety and preparedness
(1) Implement strategies for recruitment and training of police officers.
(2) Increase community awareness of the need for preparedness; increase the number of people who are prepared
for disaster and involved in CERT services we offer.
Goal 3: Develop as a choice employer and workforce
(1) Develop a new approach to human resources that will position the City for being a choice employer and meeting
future workforce needs.
(2) Complete current labor negotiations.
(3) Improve our employees'experience in our organization and enhance employee/management relations.
(4) Conduct a review of part-time classifications and wages to ensure the City can attract and retain needed staff.
(5) Fill vacant positions in order to provide needed services to the community.
Goal 4: Develop quality infrastructure and technology
(1) Implement planned technology projects.
(2) Focus on improving City facilities through completing the condition assessment and making improvements.
(3) Digitize document imaging of historical plans and records for public accessibility.
(4) Implement new EOC software.
(5) Monitor the desalinization plant project of the water district.
Goal 5:Champion economic development and fiscal sustainability
(1) Continue to implement a strategy to shrink pension liabilities.
(2) Continue on a sustainable financial path and solve future structural deficits.
(3) Identify new revenues.
(4) Implement downtown improvements; re-imagine the downtown
(5) Economic development: define who we want to attract and why.
(6) Strategy to get relief from low property tax;enlist partner cities;work toward a future statewide ballot measure.
(7) Create a development fee for the arts on development to help with economic development.
(8) Negotiate trash contract.
(9) Golf Course request for proposals process.
(10)Review business license tax.
(11)Evaluate creating a risk manager position.
(12)Advocate for City's interests regarding LAX.
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Council Priority Setting Workshop
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Opportunities To be Discussed During Mid-Year Update
The following items did not receive Council support for Tier 1 or 2,and
are opportunities for discussion during the mid-year update.
• Build connections and partner with organizations that facilitate
mentoring between seniors and young people.
• Build connections and partner with organizations that foster
civility in the community.
• Streamline contract processes.
• Start the General Plan update process
■ Evaluate the city-provided transportation program and provide
recommendations (what is the current program and plan)
Preparing the Update to the Strategic Plan
City staff will prepare an update to the strategic plan.In the update,the
following steps will be taken:
• Remove items that have been completed or integrated into
ongoing work of departments.
• Refine wording,as needed,on items that remain to reflect current
plans.
« Integrate the new items from the June 13,2018 workshop, as
reflected in Table 4 above.
Bike Rack
The following items were added to the bike rack during the workshop.
They will be addressed at a later date.
1. Process for considering something outside the strategic plan—it
will be brought to the Council for an intentional decision.
2. Grant writer to be discussed during budget process.
3. Staff to bring to Council one to three KPIs for each of the five
goals as part of the updated strategic plan.
Wrap Up and Next Steps
To conclude the workshop, the group reviewed that will occur after the
workshop,which includes preparation of this report by Management
Partners and a series of steps by staff, as follow.
• Preparation for the budget study session in July;
• Preparation of the FY 2018-19 budget;
• Development of 1 —3 KPIs for each of the five goals;and,
■ Preparation of an updated strategic plan document.
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Closing Comments
Brief comments about the value of today were offered by
Councilmembers and staff, as follow.
• We're getting better;need teambuilding
• Helped with understanding
• Helps with context
■ Openness regarding employee engagement survey
• Clear goal setting helps communication
• Alignment;retreat in the future for the team (DISC or similar
exercise)
• Appreciate clarity
• Communications
• Alignment—desire for common goals and priorities
• This is great teambuilding;working with staff and council,
workload
• Alignment, communication, civility, support, greater trust
• Everything is somewhat a priority;we care about it all
• Baseline information thru surveys and look forward to
improvement
• We're now getting into the strategic planning; still working on it;
appreciate the support and tolerance if we're not hitting 100%;we
must follow up with employees
• Appreciate the open forum and communication;helpful to have
City Council alignment
• Opportunity to be better in our roles, inclusive
f
• tiff
.r
ti ■
G
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TO BE DELIVERED UNDER SEPARATE COVER
7. Regular City Council Meeting Minutes of June 19, 2018 and Special City
Council Minutes of June 25, 2018.
Recommendation — 1) Approval
109
EL SEGUNDO CITY COUNCIL MEETING DATE: July 17, 2018
AGENDA STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action to adopt a Resolution approving Plans and
Specifications for the Water Main Improvement on Cedar Street and Walnut Avenue,
Project No. PW18-10. (Fiscal Impact: to be determined.)
RECOMMENDED COUNCIL ACTION:
1. Adopt the attached Resolution approving Plans and Specifications for Water Main
Improvements on Cedar Street and Walnut Avenue. (Project No. PW 18-10).
2. Alternatively, discuss and take other possible actions related to this item.
ATTACHED SUPPORTING DOCUMENTS:
Resolution
Location Map
FISCAL IMPACT: Included in Adopted Budget
Amount Budgeted: $3,000,000.00 for various water improvement projects
Additional Appropriation: N/A
Account Number(s): 501-400-7103-8206 (Water Enterprise Fund)
STRATEGIC PLAN:
Goal: 4 Develop Quality Infrastructure and Technology
Objective: (a) El Segundo's physical infrastructure supports an appealing, safe, and
effective City.
ORIGINATED BY: Arianne Bola, Senior Associate Engineer A�
REVIEWED BY: Ken Berkman, Public Works Director
APPROVED BY: Greg Carpenter, City Manager
BACKGROUND AND DISCUSSION:
This project is part of the City's Annual Water Main Replacement Program. Much of the City's
water transmission and distribution system dates back to the 1920's. Many of these water mains
have exceeded their useful life and are in need of replacement. Standard practices call for
replacing lines every 50-70 years due to natural degradation from soil chemistry and chlorinated
potable water sources. In addition, they can no longer provide adequate pressures and flow. On
an ongoing basis, staff reviews sections of water main that need to be replaced due to age and
condition. The new water mains will increase system reliability and capacity in order to better
serve new and existing customers.
This project will install approximately 1,000 ft. of new water main, including water meters and
water services to customers, at the following locations:
110
1. Cedar Street from Imperial Avenue to Walnut Street
2. Walnut Street from Cedar Street to Main Street
The plans and specifications are complete and ready for adoption by City Council. Staff
respectfully recommends City Council adopt the attached resolution and authorize staff to
advertise the project for construction bids.
With Council approval, staff estimates the following timeline for the project:
Advertise for bids July 2018
Award by City Council August 2018
Construction Start October 2018
Construction End December 2018
111
RESOLUTION NO.
A RESOLUTION APPROVING THE DESIGN AND PLANS FOR THE
CONSTRUCTION OF PW18-10, WATER MAIN IMPROVEMENTS ON
CEDAR STREET AND WALNUT AVENUE PURSUANT TO
GOVERNMENT CODE § 830.6 AND ESTABLISHING A PROJECT
PAYMENT ACCOUNT.
The City Council of the City of EI Segundo does resolve as follows:
SFC;TiON 1 : The City Council finds and declares as follows.-
A.
ollows:A. The City retained Omnis Consulting, Inc. ("Consultant") as the engineer
to design and prepare the plans for PW 18-10, Water Main Improvements
on Cedar Street and Walnut Avenue ("Project");
B. The Consultant informed the City Engineer that these plans are complete
and that construction of the Project may begin;
C. The City Engineer reviewed the completed design and plans for the
Project and agrees with the Consultant that the plans are complete and
the Project may be constructed;
D. The City Council wishes to obtain the immunities set forth in Government
Code § 830.6 with regard to the plans and construction of the Project.
SECTION 2: Design Immunity, Authorization,
A. The design and plans for the Project are determined to be consistent with
the City's standards and are approved.
B. The design approval set forth in this Resolution occurred before actual
work on the Project construction commenced.
C. The approval granted by this Resolution conforms with the City's General
Plan.
D. The City Engineer, or designee, is authorized to act on the City's behalf in
approving any alterations or modifications of the design and plans
approved by this Resolution.
E. The approval and authorization granted by this Resolution is intended to
avail the City of the immunities set forth in Government Code § 830.6.
SECTION 3: Project Payment Account. For purposes of the Contract Documents
administering the Project, the City Council directs the City Manager, or designee, to
establish a fund containing sufficient monies from the current fiscal year budget to pay
for the Project ("Project Payment Account"). The Project Payment Account is the sole
Page 1 of 2
112
source of funds available for the Contract Sum, as defined in the Contract Document
administering the Project.
SECTION 4: The City Clerk is directed to certify the adoption of this Resolution.
SECTION 5: This Resolution will become effective immediately upon adoption.
PASSED AND ADOPTED this day of , 2018.
Drew Boyles, Mayor
ATTEST.
Tracy Weaver, City Clerk
APPROVED AS TO FORM:
MARK D. HENSLEY, City Attorney
By:
David H. King, Assistant City Attorney
Page 2 of 2
113
PW 18-10 WATER IMPROVEMENTS PROJECT `tw •- --- r�-
FJ 6 CIO IS
r••} r4s
Legend
J Parcels
- City Boundary
World Street Map
W fmn trial Hw>r
W Imperial mwI - to trilpat til
Vs► Irnn:•[4si a '" - -- Y'f� Ave
I � II I�1J f
w- — I �
Project Location
Olt
ET
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1 --7 IT
_ lti A
�I H
I I =T I T.
Notes
1,216.8 0 608.42 1,216.8 Feet DISCLAIMER:The information shown on this map was compiled from different GIS
sources.The land base and facility information on this map is for display purposes only
and should not be relied upon without independent verification as to its accuracy.The City
of EISegundo will not be held responsible for any claims,losses or damages resulting
WGS_1984_Web_Mercator_Auxiliary_Sphere from the use of this map,
EL SEGUNDO CITY COUNCIL MEETING DATE: July 17, 2018
AGENDA STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action to (1) adopt a Resolution approving Plans and
Specifications for the Library Wi-Fi and Reading Lounge Renovation Project, (2)
Authorize staff to purchase library-approved furniture in the amount not to exceed
$66,246.05. Project No. PW18-04. (Fiscal Impact: to be determined)
RECOMMENDED COUNCIL ACTION:
1. Adopt the attached Resolution approving Plans and Specifications for the Library Wi-
Fi and Reading Lounge Renovation Project (Project No. PW 18-04) and authorize
advertising for bids.
2. Pursuant to El Segundo Municipal Code 1-7-9C, waive the bidding process and
authorize the City Manager to issue a purchase order with J.K. Miklin Inc. dba
Yamada Enterprises piggybacking on an existing County of San Bernardino FAS
Standard Contract No. 16-153 to purchase furniture in the amount not to $66,246.05.
3. Approve transferring $46,000 from 001-400-6101-4101(Library Salary Fulltime) to
301-400-8201-8417 (Library Wi-Fi Zone)
4. Authorize the City Manager or designee to repurpose, sell, or auction the Library's
old furniture/bookshelves that will no longer apply to the project's improvement.
5. Alternatively, discuss and take other possible actions related to this item.
ATTACHED SUPPORTING DOCUMENTS:
Resolution
San Bernardino County FAS Contract
FISCAL IMPACT: Included in Adopted Budget
Amount Budgeted: $153,000
Additional Appropriation: No
Account Number(s): $90,000 from 301-400-8201-8417 (Library Wi-Fi Zone)
$17,000 from 601-400-6101-8104 (Library Equipment
Replacement)
$46,000 transferring from 00 1-400-6101-4 10 1(Library
Salary Fulltime) to 301-400-8201-8417 (Library Wi-Fi
Zone)
STRATEGIC PLAN:
Goal: 4 Develop Quality Infrastructure and Technology
Objective: (a) El Segundo's physical infrastructure supports an appealing, safe,
and effective City
115
Goal: 1 Enhance Customer Service and Engagement
Objective: 2 City services are convenient, efficient and user-friendly for all
residents, businesses, and visitors
ORIGINATED BY: Arianne Bola, Senior Associate Engineer A6
REVIEWED BY: Ken Berkman, Public Works Director
Melissa McCollum, Library Director
APPROVED BY: Greg Carpenter, City Manager
BACKGROUND AND DISCUSSION:
On March 6, 2018, the Library Board of Trustees approved a renovation layout design that
comprises a combination of Classic furniture with Coastal colors. This renovation layout design
was also presented to the City Council on April 17, 2018 by the Architectural design firm CWA
AIA Inc. (CWA), who prepared the design and is retained by the Library. Recall that the Classic
design includes a more traditional feel to the furniture with a darker color palette while the
Coastal design includes a more modern look to the furniture with a lighter color palette. Both
designs incorporate an additional 52 seats with a variation of smaller, shared study tables and
larger, high counter tables. Both designs also incorporate new tables with built-in electrical
outlets.
On May 8, 2018, the Library Board of Trustees and CWA, finalized the furniture selection
details. The total estimated cost for the furniture was $124,048.00 which is approximately 120%
of the original project budget. Staff asked CWA to look for a furniture vendor that can provide
competitive discounts who is part of an existing written purchase contract obtained within the
past 12 months through a competitive bidding process, and was awarded by another government
agency. CWA found and reached out to J.K. Miklin Inc. dba Yamada Enterprises (Yamada), who
was awarded a contract for purchasing Systems and Freestanding Furniture with San Bernardino
County on April 12, 2016. This contract is in good standing and will remain in effect through
April 11, 2021 and qualifies for "piggy-backing" under the ESMC § 1-7-9C. The cost to procure
the approved library furniture using the said contract is $66,246.05, which is almost half the
original estimated market cost.
Proiect Cost Estimate:
Design Plans and Specifications $14,550.00
Advertise for bids $950.00
Furniture $66,246.05
Demo and Construction $71,000
Total Estimated Project Cost (rounded to the thousand) $153,000
Staff originally budgeted $17,000 in the library equipment fund for purchase of the furniture
with the intention of making up the difference with other sources once the actual cost of furniture
is known. Staff estimated that an additional $46,000 is needed on top of the previously-approved
116
project budget and recommends using salary savings from unfilled positions to make up the
remaining shortfall with the transfer of $46,000 from 001-400-6101-4101 (Library Salary
Fulltime) to the project account 301-400-8201-8417 (Library Wi-Fi Zone).
The Library renovation involves the following:
1. Grinding of shelving anchorage bolts (by Public Works Staff)
2. Removal reference shelves (by Public Works Staff)
3. Removal of old carpet (by Contractor)
4. Patching of existing grinded floors (by Contractor)
5. Installation of electrical wires and outlets (by Contractor)
6. Installation of new carpet and new furniture (by Contractor)
7. Interior painting (by Contractor)
The construction plans and specifications for the project are now complete and ready for
adoption by City Council.
Staff respectfully recommends the City Council adopt the attached resolution approving the
plans and specifications for the project and approve the related action items above.
With Council approval, staff estimates the following timeline for the project:
Advertise for bids July 2018
Construction Contract Award by City Council September 2018
Construction Start October 2018
Construction End January 2019
117
RESOLUTION NO. _
A RESOLUTION APPROVING THE DESIGN AND PLANS FOR THE
CONSTRUCTION OF PW18-04, LIBRARY WI-FI AND READING
LOUNGE RENOVATION PROJECT PURSUANT TO GOVERNMENT
CODE § 830.6 AND ESTABLISHING A PROJECT PAYMENT
ACCOUNT.
The City Council of the City of EI Segundo does resolve as follows.-
SECTION
ollows:SECTION 1: The City Council finds and declares as follows:
A. The City Engineer prepared specifications and plans for the library
renovation within the City (the "Project"). The plans and specifications are
complete. Bidding for construction of the Project may begin;
B. The City Council wishes to obtain the immunities set forth in Government
Code § 830.6 with regard to the plans and construction of the Project.
SECTION 2: Design Immunity, Authorization.
A. The design and plans for the Project are determined to be consistent with
the City's standards and are approved.
B. The design approval set forth in this Resolution occurred before actual
work on the Project construction commenced.
C. The approval granted by this Resolution conforms with the City's General
Plan.
D. The City Engineer, or designee, is authorized to act on the City's behalf in
approving any alterations or modifications of the design and plans
approved by this Resolution.
E. The approval and authorization granted by this Resolution is intended to
avail the City of the immunities set forth in Government Code § 830.6.
SECTION 3: Project Payment Account. For purposes of the Contract Documents
administering the Project, the City Council directs the City Manager, or designee, to
establish a fund containing sufficient monies from the current fiscal year budget to pay
for the Project ("Project Payment Account"). The Project Payment Account is the sole
source of funds available for the Contract Sum, as defined in the Contract Document
administering the Project.
SECTION 4: The City Clerk is directed to certify the adoption of this Resolution.
SECTION 5: This Resolution will become effective immediately upon adoption.
Page 1 of 2
118
PASSED AND ADOPTED this day of , 2018.
Drew Boyles, Mayor
ATTEST:
Tracy Weaver, City Clerk
APPROVED AS TO FORM:
MARK D. HENSLEY, City Attorney
By:
David H. King, Assistant City Attorney
Page 2 of 2
119
FOR COUNTY USE ONLY
j� New FAS Contractor Code Dept. Contract Number
Change + JKMIKL1690 SC PUR ' l IS
Ll Cancel I
SAN BERNARDINO ePro Vendor Number ePro Contract Number
COUNTY 00001379 167288
SAN
County Department Dept. Orgn. Vendor's Uce•.nsn No.
Purchasing PUR PUR
County Department Contract Represonlalive Telephone Total Contract Amount
F A S James Olivas (909)387-2233
STANDARD CONTRACT Contract Type
fl kevenue Fl Encumbered M tJnencu tiered I-1 Ower:
If not encumbered or revenue contract type,provide reason;
Commodity Code Contract Start Date Contract End Date Original Amount Amendment Amount
42500 1 4/12/16 4/11/21 $
Fund Dept. Organization Appr Obj/Rev Source GRC/PROJ/JOB No Amount
IJ $
Fund Dept, Organization Appr, Obj/Rev Source GRC/PROJ/JOB No. Amount
l i
$
Fund Dept. Organlzatmn Appr. Obj/Rev Source GRC/PROJ/JOB No. Amount
$
Project Name Estimated Payment Total by Fiscal fear
FY Amount I/D FY Amount I/D
THIS CONTRACT is entered into in the State of California by and between the County of San Bernardino, hereinafter called
the County, and
Name
J.K. Miklin Inc. dba Yamada Enterprises hereinafter called Contractor
Address
16552 Burke Lane
1-ILlntington Beach, CA 92647
Telephone Federal IO No.or Social Security No.
(800) 444-4594 33-0783690
This Agreement is entered into as of April 5, 2016 between Contractor and the County of San Bernardino.
WHEREAS the County desires to designate a contractor of choice to provide and install systems/freestanding
furniture, filing systems, and seating to all County departments, AND
WHEREAS, the County conducted a competitive process to find contractors able to provide the necessary
services, AND
WHEREAS, Contractor has been evaluated by the County Purchasing Department (hereinafter referred to as
Purchasing) and has been determined to have the necessary skills to provide services under the terms and
conditions provided herein,
I Audlfor-Corrfrollerlrreasurerltax Collector Use Only
❑Contract Database q FAS
Input Date Keyed By
Page 1 of 28
120
WHEREAS, the County desires that such services be provided by Contractor and Contractor agrees to perform
these services as set forth below;
NOW, THEREFORE the County designates Contractor as Primary Contractor to provide and install
systems/freestanding furniture, filing systems, and seating to all County departments as follows:
A. DEFINITIONS
A.1 INSIDE DELIVERY:
Deliveries made to a building or warehouse that will be the end destination of the ordered product. If the
deliveries are to be made in a secured area, the contractor will make efforts to contact the location to arrange
delivery. Contractor is to dispose of all packaging from the project location.
A.2 MANUFACTURER'S WARRANTY:
Preprinted written warranty published by each individual manufacturer for a particular product and specifically
endorsed by manufacturer to the County.
A.3 NEW PRODUCTS:
Items never used or newly manufactured that have not previously been incorporated into another project or
facility. The term "product" includes the terms "material," "equipment," "system," and terms of similar intent.
A.4 PRE-QUALIFIED PRODUCT SPECIFICATIONS:
Where a specific manufacturer's product is named as the "Basis of Design", to establish the significant
qualities related to type, function, dimension, in-service performance, physical properties, appearance, and
other characteristics.
A.6 PROJECT:
Includes, but is not limited to, the scope of work that requires design, project management, reconfiguration,
space planning, special project management, and installation service required to complete a project or any
other special request submitted to Contractor by the Department's representative.
A.7 QUICK SHIP:
Any furniture product offered by the manufactures as in-stock program to be delivered in 2-4 weeks.
A.8 SPECIAL WARRANTY:
Written warranty required either to extend the time limit provided by the manufacturer's warranty or to provide
more rights for the County.
B. SCOPE OF WORK
B.I SCOPE OF SERVICES
Revised 05/04/2015 Page 2 of 28
121
Contractor shall supply Systems and Freestanding Furniture at locations throughout San Bernardino County
as needed. Services shall include Designers, Project Managers, Space Planners, and Installers as needed for
new and existing systems furniture.
B.2 DESIGN SERVICES
Contractor shall provide a certified designer to be assigned to furniture projects. This service shall include the
development of new furniture plans/drawings, furniture colors, materials and finishes, and furniture
specifications.
B.3 SPECIAL PROJECT MANAGEMENT
Contractors shall provide project management for future Special Furniture Projects, in coordination with
contractors and architects identified by the County for a Building Retrofit, of which furnishings is a subset.
Contractor shall partner with the Department Representative to allow for flexibility and responsiveness during
periods involving construction efforts.
Contractor shall be responsible for inventorying, refurbishing, moving, storing, matching, designing, space
planning, ordering, receiving, transporting, delivering, staging, installing, and inspecting furnishings, as
indicated, and as needed, throughout the duration of the project. For such projects, Contractor shall prepare a
collective furnishings inventory for all affected buildings, physically move out business furnishings to an
alternate location in unincorporated San Bernardino County, determine what is reusable including parts that
are needed and available, refurbish and/or repair furniture as appropriate, procure new furnishings in
compatible and complimentary colors and styles, and return business furnishings to alternate, designated
locations as design and construction is completed for each building.
Contractor shall provide the following for each project:
a. A dedicated project team for the duration of the project.
b. An organizational chart or outline of team members' functions within the overall company.
c. Contact information for your designated project team and representative assigned to interface with County
project team.
d. Manage the development of test fit plans created by the Architectural/Interior design consultant for each
building under consideration.
e. Attend all construction-related meetings as to assure compliance with scheduling parameters.
f. Aggressively work on behalf of the County to save money, and to promote and maintain the established
project schedule.
g. Provide innovative and proactive solutions to problems that may have a negative impact on the cost of the
work and/or the project schedule.
h. Participate with the Building Retrofit Project team in the development of a corrective deficiency list at the
completion of each phase or work.
i. Use Special Project pricing offered by Contractor in this bid. Supply the County with a Special Project
Warranty agreeing to repair or replace units, which fail in materials or workmanship within the specified
warranty period. This warranty shall be in addition to and not a limitation of other rights the County may
have against the Proposer under the Contract Documents.
13.4 PROJECT PARTICIPATION SERVICES
When required by the County Contractor shall participate as part of the County's project team, consisting of
assigned Architect, County Architecture and Engineering Project Manager, Contractor, Building Manager,
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County Information Technology Representative, Agency or Department Representatives, and/or Specialized
Contractors such as, Electrical and Structural Engineers, Movers and the awarded Contractors, Contractor
shall communicate all project requirements and understand all project timelines by attending the agency
project meetings.
If applicable Contractor must submit all electrical requirements for contracted furniture including all minimum
requirements of circuits needed to safely operate all County needs. The County, at its discretion, can increase
the number of required circuits. All working plans must include all circuits wired and used in all furniture
clusters. A 20 amp receptacle must be installed where copiers or other large equipment are to be used.
Contractor will provide to the electrical contractor, via the General Contractor or Agency Representative,
wiring schematics for the systems furniture. It is mandatory that any systems furniture used by the County can
supply 20 amp receptacles.
Information Services Department (ISD) has the responsibility for all County information technology. If
applicable Contractor must notify ISD before installation of data/telephone cabling and data/telephone jacks
placements. Contractor must follow ISD install procedures. Project teams shall determine placement of all
data/telephone jacks. Contractor shall gain a clear understanding of when furniture must arrive to the jobsite
along with necessary installation time to maintain proper project completion timelines. Contractor must factor
all products lead times into their equation. Contractor must attend project meetings to maintain critical
knowledge of timeline status.
B.5 RISK MANAGEMENT
Contractor shall make available all items that may pose a risk to County employees to the Purchasing
Department. Risk Management will review and submit a list of items meeting their requirements to
Purchasing. Contractor must receive final approval before any item is to be sold to the County. Furniture
provide or installed that is deemed unusable or unsafe by the Purchasing Agent or Risk Management shall be
replaced, at the contractor's expense, with approved furniture.
B.6 CONTRACTOR PROJECT MANAGER RESPONSIBILITIES
County shall have the right to request a Contractor Project Manager (PM). If the PM is not performing to the
County's expectation, the County may request removal and replacement of the PM. Contractor shall respond
to the County's request within two business days.
Contractor's PM shall be responsible for providing the planning, delivery and installation, ordering of materials,
bill of lading, verification of orders, and inspection for damaged furniture or order for reordering furniture or
punch list items. Contractor's PM shall be the single point of contact through the entire project, up to and
including, completion of any outstanding punch lists. PM will be responsible for tracking shipments, resolving
bill of material issues, and verifying receipt of the product ordered.
Contractor's PM shall coordinate all delivery and installation with the County's assigned representative(s).
If a project requires storage of the materials/furnishing, the Contractor's PM shall be responsible for securing
such materials/furnishing. The County may pay storage of the goods should the County cause the delay of the
installation after 14 calendar days. The Contractor's PM shall be responsible for coordination of transportation,
installation, including labor, equipment and tools.
Contractor's PM shall remove all cartons, packing materials, etc., from the project site. The project site is to
be left clean and in the same condition as it was prior to Contractor's performance at the site.
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Upon award of a project, Contractor's PM shall coordinate a "Design Selection Meeting" in which the
Contractor's PM shall invite representatives from all parties involved in the project such as the Design Firm,
Department Representative(s), Purchasing representative, etc., to meet and discuss final details and
specifications of project, Once meeting is complete and all parties are in agreement, the following shall occur:
Bid package project layout, specifications, finish selections, etc. shall be updated and returned to Department
Representative(s) and Purchasing representative:
CD or flash drive including all layout drawings in PDF and AutoCAD formats shall be updated as modified and
provided to Department Representative(s) and Purchasing Department.
Warranty information will be included for all items that may have been selected at the Design Selection
Meeting.
Contractor's PM is responsible for all field measurements including re-verification of measurements prior to
ordering of product. Re-verification of measurements is the sole responsibility of the Contractor.
The Contractor's PM will follow-up and rectify the punch-list of the furniture project, so the project itself can be
completely finished and final payments can be made. Contractor's PM must be involved throughout project
until project is complete and all open issues have been resolved. Contractor's PM may not hand-off
completion of project to any alternate individual without proper written justification and then approval by
Department Representatives and the Purchasing Representative.
The Contractor's PM will provide Department Representatives and the Purchasing Representative with a copy
of all pre-punch list items (at delivery and install), including any missing furniture items or items on
backorder/delay with updated delivery date. In addition, pre-punch items shall be ordered by Contractor's PM
at time of discovery by Contractor's PM and must be completed as quickly as possible and within a maximum
of 30 days. PM, Department Representative(s), Purchasing representative, and Design Firm (if applicable)
must complete a final inspection and sign-off.
6.7 QUALITY ASSURANCE
All workstations must meet or exceed standards established by the Business and Institutional Furniture
Manufacturers Association (BIFMA) and the American National Standards Institute (ANSI).
Contractor shall provide each item with all needed materials, fully furnished, and with all accessories,
including but not limited to, glides, hanging clips, rubber stops, cantilevers, etc., as required by the
specifications and recommended by the approved manufacturers chosen by the Contractor.
All punch items must be rectified and completed as quickly as possible and within a maximum of 30 days.
B.8 MATERIALS
All materials utilized by the Contractor pursuant to this Contract shall comply with the following, or any
materials that do not meet these requirements must be brought to the attention of the County prior to
installation, and the County has the right to reject the use of such materials:
a.All applied finishes shall have a Class I flame spread when tested in accordance with UL723 and ASTM
E84, with no increase in flame spread and no evidence of significant progressive combustion for test for
an additional 20 minutes.
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b.All seating materials provided shall be identical to those that pass California Technical Bulletin 117 when
tested by UL or another testing and inspecting agency acceptable to authorities having jurisdiction.
Furniture must be identified with appropriate markings of applicable testing and inspecting agency.
c.All plastic materials shall be self-extinguishing as established by the standard method of test for
flammability of self-supporting plastics, ASTM D-635-98.
d.All plastic laminate shall be at least 0.4500 mm thickness, general-purpose type (high pressure), with
color and pattern from manufacturer's standard line.
e.All upholstery materials, including covering, lining, webbing, cushioning and padding shall be self-
extinguishing as defined by Federal Specifications CCC-T19, Method#5903.
f. Padding that exceeds one-half(1/2) inch thickness and all cushioning shall be tested in accordance with
either ASTM E-84-70 Tunnel Test or ASTM E-162-677 Radiant Panel Test.
g.All upholstery fabrics must pass Wyzenbeek Testing ASTM D-359-7 in their appropriate categories and
in accordance with specified products: 100,000 double rubs, minimum.
h.All baked enamel shall be factory applied, baked acrylic enamel casting.
i. All stainless steel shall be AISI type 302/304, with polished No. 4 finish, 22-gauge minimum, unless
otherwise specified.
j. All aluminum shall be alloy and temper as recommended by aluminum fabricator. ASTM B-26 or BIOS
for castings.
k.All sheet steel shall be cold rolled, commercial quality, ASTM A-366, with surface preparation and metal
pretreatment as required for applied finish. All chromium plating shall be nickel and chromium electro-
deposited on base metal, ASTM B-456, type SC-2.
13.9 COORDINATION
Contractor shall be responsible for the following:
a. Installation activities shall be coordinated with the Department Representative to ensure efficient and
orderly installation, connection and operation.
b. Loading dock and elevator usage shall be coordinated with the Department Representative.
c. Staging area shall be coordinated with the Department Representative. The Contractor or its
subcontractor shall receive, organize and store products and hardware in an orderly fashion.
d. Connection of building electrical power and communication cabling to systems furniture shall be
coordinated with the County representative .
B.10 SHIPMENT AND DELIVERY
All deliveries shall be FOB to final destination; installation of product shall be priced separately in Exhibit A
Contractor's PM will indicate all shortages and/ or damages on the delivery receipt, identifying such
shortages/damages by carton number, at the time the product is received. All items shall be ordered at time
of discovery. It is the responsibility of the Contractor's PM to replace or repair within 30 calendar days any
damaged or lost product, and to notify the County of the same,
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B.11 STORAGE
There shall be no extra cost to the County for storage of product unless storage is due to a delay caused by
the County.
Contractor must provide an insured warehouse facility, separate and secured from other tenants, for the
storage of all furniture to be stored. The facility must be secured and have the required fire sprinklers. The
warehouse shall be owned or leased by the Contractor unless agreed to in writing by the County. If this is not
the case then the Contractor must insure the County's product against theft and fire and any liability that may
occur.
B.12 INSTALLATION
Contractor shall be responsible for the following:
a. Installation of products shall be the responsibility of the Contractor, and will occur during normal business
hours per the requesting Department, unless otherwise specified, Installers must work in tandem with other
trades to successfully complete the job in the time allotted.
b. If unusual site conditions exist that the Contractor feels will seriously impact upon the ability to deliver and
install effectively and in the specified time frame, such conditions must be brought to the attention of the
Department Representative by the Contractor. There will be no additional charges for dock, elevator or
security during an installation and the decision of the County on any site issues shall prevail.
c. Any work/installation to be accomplished outside of normal working hours per the requesting Department
must be approved in advance by the Department Representative. Installation delays not incurred by the
County shall be the responsibility of the Contractor.
d. Contractor shall ensure that all installation teams are properly trained in the installation methods of the
manufacturers' product lines.
e. Contractor must complete a thorough employee background check that includes all independent installers
that are used. The County may, at its sole discretion, accept or reject the team or any members thereof, and
request replacement(s).
f. If independent installers are used, the Contractor or Contractor's representative shall provide the County a
list of past jobs and credentials of the independent team.
g. Contractor is responsible for any and all damage to the product that they are installing due to negligence of
its employees or subcontractors in the handling or installation of product.
h. Any damage to data, electrical and/or hydraulic cables occurring during delivery and installation period by
contractor or subcontractor shall be the responsibility of the Contractor.
i. All products deemed by the County to be excess must be removed from the premises and shall be delivered
to a County designated location.
j. All panel installation must be plumb and level. Panels must be leveled and aligned prior to component
installation, with all vertical and horizontal joints flush and level. All reveals and exposed panel terminating
edges must be maintained in constant line and width. All panel runs shall be flush, straight and squared off
including work surfaces that need to be modified on site.
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k. All files, shelving, cabinets and overhead cabinets shall be set plumb and if required, bolted together end to
end, and top to bottom or secured to the adjacent walls with brackets or earthquake straps. All necessary
shimming and leveling must be provided.
I. Contractor to provide protective covering for all doors, walls, floors, elevators, and existing furniture during
all phases of installation.
B.13 ADJUSTMENT, CLEANING, PROTECTION
Contractor shall be responsible for the following:
a.The cleaning and protection of installations in progress and adjoining materials in place during handling
and installation.
b.The protection of finished surfaces from damage and soiling during handling and installation, including
covered with polyethylene film or other protective coating during the process.
c.Ensuring the removal of any soiled spots caused by installation of furnishings, as well as for the face of
the flooring or other finished surfaces, using cleaning processes recommended by the product's
manufacturer.
d.Replacing any items where cleaning has failed to restore appearance and quality,
e.Ensuring all hard surfaces are wiped down and any residue from packaging materials, mastic,
adhesives, fingerprints, labels and other debris on the furniture is removed.
f. Ensuring all upholstered panels and seating is vacuumed, cleaned, and wiped down where required to
remove debris.
g.Ensuring all doors, drawers, hardware fixtures and moving or operating parts are adjusted to function
smoothly and correctly.
h.Ensuring all floor levelers or glides are adjusted after each item is placed in its final position,
i, Ensuring all minor scratches must be touched up with appropriate manufacturer's finish or
replaced at Contractor's cost if touch up is not acceptable to the County.
j. Ensuring all trash and debris is removed and disposed of from each floor, each day of
installation. Contractor must ensure that written maintenance and operational instructions are provided
for all items.
B.14 PRODUCT USE INFORMATION
Contractor must provide written instructions for use of applicable items such as adjustable seating, adjustable
keyboard supports, adjustable height tables, monitor arms, etc. Contractor must also provide training to all
users for all user-adjustable products at the time of occupancy at the County's request,
Contractor must fully orient the County's technical staff on the wire management capabilities, both electric
and data, for the furniture system.
B.15 RECONFIGURATION OF EXISTING FURNITURE
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Contractor shall provide reconfiguration services on existing office furniture to the County as follows:
a. Review drawings for completeness, accuracy, and proper application of product. Review plan to
determine quantity of each panel connection, hinge condition, two-way, three-way, or four-way
connection.
b. Conduct field study for site measurements, review conditions of site for obstructions of columns,
switches, HVAC vents, etc., and coordinate with Department Representative for electrical, phone and
data installation, and other trades as necessary.
c. Coordinate delivery of product to the job site and schedule with the Department Representative time of
installation, to include:
1. Scheduling of dock use
2. Scheduling of elevator use
3. Selection of staging area for product
4. Installation start and completion date
5. Number of personnel needed to perform job
6.Total number of hours/days needed to complete job
d. Extra product that has been left from a reconfiguration will be stored at location to be determined by the
County.
e. Remove and dispose of all packaging material from County premises.
f. Render the job site clean, clear and free of debris prior to delivery and reconfiguration. Electricity, HVAC
and elevator service will be furnished without charge to the Contractor.
g. Contractor shall be solely responsible for all damages to the installed product, as well as any additional
County property, which may incur damage as a result of installation service.
h. All work shall be performed during regular service hours unless required by the County.
i. The reconfiguration work may involve de-installing and re-installing furniture on the same floor, between
floors or in different buildings.
j. Ability to purchase additional matching product to complete reconfiguration.
B.16 APPROVAL OF WORK
The Department Representative and Contractor's PM, prior to approval for payment, shall approve all
completed work. Work must be completed in a first-class workmanlike manner to the absolute satisfaction of
the County. The cost of any faulty or inadequate workmanship or parts will not be paid for by the County and
must be assumed by the Contractor.
B.17 ACCESSIBILITY
Contractor, through the manufacturer, must provide workstations that are accessible to handicapped
individuals having adjustability built into the workstation, including but not limited to, height adjustable work
surfaces and tables. Panels shall have slotted standards to hand work surfaces and components at 1"
increments.
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B.18 ERGONOMICS
Contractor shall provide furniture that is ergonomically adjustable and prevents injury to users of its furniture.
The Contractor shall have substantial research and resources to support ergonomic product design and
provide access to information and resources for users on the adjustments of its furniture (i.e. in-house
ergonomist, etc.),
B.19 ADDITIONAL SECURITY REQUIREMENTS.
For projects at County locations that require a heightened level of security, Contractor shall comply with
additional security requirements, such as a Live Scan for all of Contractor's employees, agents,
subcontractors, etc. performing work on the project, or a background check and clearance, prior to performing
work at the location. All additional security requirements shall be at Contractor's expense, Locations which
require a heightened level of security include, but are not limited to, the Sheriff's Department, District Attorney,
detention facilities, Probation, County hospital or clinics, Health and Human Services offices.
Contractor shall prepare and submit verification of compliance with this provision to the Department
Representative for all persons who will be working or who will need access to the County location. Verification
shall be submitted at least five county working days prior to the start of work on the contract or prior to the
Contractor's start of work. The contractor's representative will provide these verification forms upon request,
which will be screened by the County Department requesting these security requirements. Omissions or false
statements, regardless of the nature or magnitude, may be grounds for denying clearances. No person shall
be employed under this Contract that has not received prior clearance from departments requesting these
security clearances. None of these departments are required to give reason if clearance is denied.
Contractor's employees shall NOT:
a. Give names or address to inmates.
b. Receive any names or addresses from inmates(including materials to be passed to another
c. individual).
d. Disclose the identity of any inmate to anyone outside the facility.
e. Give any materials to inmates (including materials to be passed to another individual).
Contractor's employees shall not smoke or use profanity or any other inappropriate language while on any
site.
Contractor's employees shall not enter the facility while under the influence of alcohol, drugs or other
intoxicants and shall not have such materials in their possession. No employee shall work under this Contract
who has been convicted of any crime involving sex, drugs, or violence, or who is known to have a
substantiated report of child abuse, as defined in Penal Code Section 11165.12
Contractor's employees shall plan their activities to minimize the number of times they must enter and exit a
facility. They shall provide all tools, equipment and materials needed for the day at the start of the work
period and restrict all breaks to the absolute minimum.
Contractor's employees shall:
a. Comply with the written schedule provided by the County that shall clearly show the specific start and
end times for each workday.
b. Arrive at the site no more than 15 minutes prior to the scheduled time or no more than 15 minutes after
the scheduled time and report to Contractor's PM upon arrival at the job site.
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When performing work at the County Hospital (Arrowhead Regional Medical Center), county medical clinics,
Department of Behavioral Health facilities, Public Health facilities, or any Human Services facilities, the
Contractor, including its employees, agents, subcontractors, etc. shall not access, view, disclose, utilize, nor
allow access to, protected health information, personally identifiable information, or other confidential
information present at the facilities. Contractor shall not enter into any portion of these facilities for which
entry is not required in order to complete the project. Contractor shall ensure that access into these facilities
is secured at all times upon entry and exit from the facilities, and secured desks, cabinets, offices, entry/exit
ways, and any other secured areas are left in such condition while Contractor is working at these facilities.
B.20 PACKAGING
All furniture, unless otherwise stipulated by the County shall be shipped carton/packaged to conform to
appropriate National Motor Freight Classification, including supplements and re-issues. Contractor shall be
responsible for removal and disposal of all packaging material from the County locations.
B.21 SALES REPRESENTATION
Contractor shall provide adequate sales representation to the County including, but not limited to, providing
fabric finish samples, catalogs, problem solving and physical representation as required. Contractor shall
maintain current catalogs and price lists at the Purchasing Department.
B.22 CONTRACTOR/MANUFACTURER'S PRODUCT WARRANTY
Contractor shall provide warranties in accordance with the manufacturer warranty sheets provided at the time
of warranty submission. The warranty, which shall run from date of delivery, shall cover defects in materials
and craftsmanship found during normal usage of the products during the warranty period. If a product is
defective and if written notice of defect is given by to the County within the applicable warranty period, the
Contractor at its option will either repair or replace the defective product with original equipment manufacturer
component or product. The County shall have final approval of remedy.
Product warranties shall extend for a minimum two years parts and labor for all product lines except for
upholstery and user negligence.
B.23 REPAIR OF WARRANTY
All major furniture components purchased will bear a permanent, non-removable label indicating the
manufacturer, model number, date of manufacturing completion, date of order and order number. If unable to
label furniture Contractor must provide the information being requested upon request.
Contractor will be responsible for all pick-up and redelivery of furniture requiring repair.
All replacement parts are to be of same manufacture as furniture being repaired.
Warranty—Contractor currently representing manufacturer will be responsible for the execution and repair of
product on warranty at no charge to County
Non-Warranty— Contractor shall provide, at no charge to the County, estimated cost of repair for products out
of warranty. Repair charges may be allowed.
The requesting Department will be responsible to authorize repair and repair charges if deemed reasonable
and beneficial to the County.
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B.24 LEAD TIMES
Contractor must guarantee delivery to meet each project's projected schedule. This includes all product
described within the project request. All furniture must meet a standard lead time of four or sixteen weeks,
and must have a Quick Ship program in place for replacement parts.
B.25 CUSTOMER SERVICE
Contractor shall respond to all service calls by the next business day after notification by the County.
Contractor shall make every effort to make all appropriate repairs and/or replacements immediately but within
five calendar days of notification by the County. If Contractor is unable to accomplish all repairs and
replacements within five days of notification, Contractor must provide the County with valid justification in
writing as to the reason such tasks cannot be completed.
B.26 BID BOND
The County reserves the right to require a faithful performance bond from the Contractor in an amount not to
exceed the amount of the contract. In the event a surety bond is required by the County which has not been
expressly required by the specification, the County will reimburse the Contractor as an addition to the
purchase price, in an amount not exceeding the standard premium on such bond.
If the contract is delayed by reason of changes or extra services by the County or as a result of the County's
failure to perform or delays caused by the County, the time of performance of this contract will be extended to
equal the time required for the extra services, and no liquidated damages will accrue during the period of such
extension.
B.27 CONFLICT OF INTEREST
Contractor will exercise reasonable care and diligence to prevent any actions or conditions that could result in
a conflict with the best interest of the County.
This obligation will apply to Contractor's employees, agents, relatives, sub-tier contractors, and third parties
associated with accomplishing the work herein.
Contractor's effort will include, but are not limited to, establishing precautions to prevent its employees or
agents from making, receiving, providing, or offering gifts, entertainment, payments, loans, or other
consideration which could be deemed to appear to influence individuals to act contrary to the best interest of
the County.
B.28 NEW PRODUCT OFFERING
The County will allow the Contractor to provide new product offering's once every 12 months at the
anniversary date of the Contract. The new product offering will require a mock-up to be reviewed by the
County. It is the sole discretion of the County to determine if the new product will be acceptable, If the
product offering is approved by the County, this will require a written amendment to the Contract.
The Contractor will be responsible for all costs on the mock-up and County will not be responsible for these
costs or any related charges. New products offering must maintain the Warranty standards, no exceptions.
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C. GENERAL CONTRACT REQUIREMENTS
CA RECITALS
The recitals set forth above are true and correct and incorporated herein by this reference.
C.2 LEGALITY AND SEVERABILITY
The parties' actions under the Contract shall comply with all applicable laws, rules, regulations, court orders
and governmental agency orders. The provisions of this Contract are specifically made severable. If a
provision of the Contract is terminated or held to be invalid, illegal or unenforceable, the validity, legality and
enforceability of the remaining provisions shall remain in full effect.
C.3 REPRESENTATION OF THE COUNTY
In the performance of this Contract, Contractor, its agents and employees, shall act in an independent
capacity and not as officers, employees, or agents of the County of San Bernardino.
C.4 RELATIONSHIP OF THE PARTIES
Nothing contained in this Contract shall be construed as creating a joint venture, partnership, or employment
arrangement between the Parties hereto, nor shall either Party have the right, power or authority to create an
obligation or duty, expressed or implied, on behalf of the other Party hereto.
C.5 PRIMARY POINT OF CONTACT
Contractor will designate an individual to serve as the primary point of contact for the Contract. Contractor or
designee must respond to County inquiries within two business days. Contractor shall not change the primary
contact without written acknowledgement to the County. Contractor will also designate a back-up point of
contact in the event the primary contact is not available.
C.6 CHANGE OF ADDRESS
Contractor shall notify the County in writing, of any change in mailing address within ten business days of the
change.
C.7 SUBCONTRACTING
Contractor agrees not to enter into any subcontracting agreements for work contemplated under the Contract
without first obtaining written approval from the Purchasing Department. Any subcontracting shall be subject
to the same terms and conditions as Contractor. Contractor shall be fully responsible for the performance and
payments of any subcontractor's Contract.
C.8 AGREEMENT ASSIGNABILITY
Without the prior written consent of the County, the Contract is not assignable by Contractor either in whole or
in part.
C.9 AGREEMENT MODIFICATION
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Contractor agrees any alterations, variations, modifications, or waivers of the provisions of the Contract, shall
be valid only when reduced to writing, executed and attached to the original Contract and approved by the
person(s) authorized to do so on behalf of Contractor and County.
C.10 DURATION OF TERMS
This Contract, and all of its terms and conditions, shall be binding upon and shall inure to the benefit of the
heirs, executors, administrators, successors, and assigns of the respective parties, provided no such
assignment is in violation of the provisions of this Contract.
C.11 TIME OF THE ESSENCE
Time is of the essence in performance of this Contract and of each of its provisions.
C.12 STRICT PERFORMANCE
Failure by a party to insist upon the strict performance of any of the provisions of this Contract by the other
party, or the failure by a party to exercise its rights upon the default of the other party, shall not constitute a
waiver of such party's right to insist and demand strict compliance by the other party with the terms of this
Contract thereafter.
C.13 MUTUAL COVENANTS
The parties to this Contract mutually covenant to perform all of their obligations hereunder, to exercise all
discretion and rights granted hereunder, and to give all consents in a reasonable manner consistent with the
standards of"good faith" and "fair dealing".
C.14 CONTRACT EXCLUSIVITY
This is not an exclusive Contract. The County reserves the right to enter into a contract with other contractors
for the same or similar services. The County does not guarantee or represent that the Contractor will be
permitted to perform any minimum amount of work, or receive compensation other than on a per order basis,
under the terms of this Contract.
C.15 NOTIFICATION REGARDING PERFORMANCE
In the event of a problem or potential problem that could impact the quality or quantity of work, services, or the
level of performance under the Contract, the Contractor shall notify the County within one working day, in
writing and by telephone.
C.16 ATTORNEY'S FEES AND COSTS
If any legal action is instituted to enforce any party's rights hereunder, each party shall bear its own costs and
attorney fees, regardless of who is the prevailing party. This paragraph shall not apply to those costs and
attorney fees directly arising from a third-party legal action against a party hereto and payable under
Indemnification and Insurance Requirements.
C.17 VENUE
The parties acknowledge and agree that this Contract was entered into and intended to be performed in San
Bernardino County, California. The parties agree that the venue of any action or claim brought by any party to
this Contract will be the Superior Court of California, County of San Bernardino, San Bernardino District or the
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Federal District Court, Riverside County. Each party hereby waives any law or rule of the court, which would
allow them to request or demand a change of venue. If any action or claim concerning this Contract is
brought by any third-party and filed in another venue, the parties hereto agree to use their best efforts to
obtain a change of venue to the Superior Court of California, County of San Bernardino, and San Bernardino
District.
CA 8 CHOICE OF LAW
This Contract shall be governed by and construed according to the laws of the State of California.
C.19 LICENSES, PERMITS AND/OR CERTIFICATIONS
Contractor shall ensure that it has all necessary licenses, permits and/or certifications required by the laws of
Federal, State, County, and municipal laws, ordinances, rules and regulations. The Contractor shall maintain
these licenses, permits and/or certifications in effect for the duration of this Contract. Contractor will notify
County immediately of loss or suspension of any such licenses, permits and/or certifications. Failure to
maintain a required license, permit and/or certification may result in immediate termination of this Contract.
C.20 PREVAILING WAGE REQUIREMENTS
By its execution of this Contract, Contractor certifies that it is aware of the requirements of California Labor
Code Sections 1720 et seq. and 1770 et seq. as well as California Code of Regulations, Title 8, Section
16000 et seq. ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the
performance of other requirements on certain "public works" and "maintenance" projects. Section 1720 of the
California Labor Code states in part: "For purposes of this paragraph, 'construction' includes work performed
during the design and preconstruction phases of construction including, but not limited to, inspection and land
surveying work." If the Services/Scope of Work are being performed as part of an applicable "public works" or
"maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or
more, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall make copies of the
prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the
Services/Scope of Work available to interested parties upon request, and shall post copies at the Contractor's
principal place of business and at the project site. Contractor will also adhere to any other applicable
requirements, including but not limited to, those regarding the employment of apprentices, travel and
subsistence pay, retention and inspection of payroll records, workers compensation and forfeiture of penalties
prescribed in the Labor Code for violations. Contractor shall defend, indemnify and hold the County, its
elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties
or interest arising out of any failure or alleged failure to comply with Prevailing Wage Laws. See Attachment
"A"for additional information regarding Prevailing Wage Laws.
C.21 CONFLICT OF INTEREST
Contractor shall make all reasonable efforts to ensure that no conflict of interest exists between its officers,
employees, or subcontractors and the County. Contractor shall make a reasonable effort to prevent
employees, Contractor, or members of governing bodies from using their positions for purposes that are, or
give the appearance of being motivated by a desire for private gain for themselves or others such as those
with whom they have family business, or other ties. Officers, employees, and agents of cities, counties,
districts, and other local agencies are subject to applicable conflict of interest codes and state law, In the
event the County determines a conflict of interest situation exists, any increase in costs, associated with the
conflict of interest situation, may be disallowed by the County and such conflict may constitute grounds for
termination of the Contract. This provision shall not be construed to prohibit employment of persons with
whom Contractor's officers, employees, or agents have family, business, or other ties so long as the
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employment of such persons does not result in increased costs over those associated with the employment of
any other equally qualified applicant.
C.22 IMPROPER CONSIDERATION
Contractor shall not offer (either directly or through an intermediary) any improper consideration such as, but
not limited to cash, discounts, service, the provision of travel or entertainment, or any items of value to any
officer, employee or agent of the County in an attempt to secure favorable treatment regarding this Contract.
The County, by written notice, may immediately terminate this Contract if it determines that any improper
consideration as described in the preceding paragraph was offered to any officer, employee or agent of the
County with respect to the proposal and award process. This prohibition shall apply to any amendment,
extension or evaluation process once a contract has been awarded.
Contractor shall immediately report any attempt by a County officer, employee or agent to solicit (either
directly or through an intermediary) improper consideration from Contractor. The report shall be made to the
supervisor or manager charged with supervision of the employee or the County Administrative Office. In the
event of a termination under this provision, the County is entitled to pursue any available legal remedies,
C.23 FORMER COUNTY ADMINISTRATIVE OFFICIALS
Contractor agrees to provide, or has already provided information on former County of San Bernardino
administrative officials (as defined below) who are employed by or represent Contractor, The information
provided includes a list of former County administrative officials who terminated County employment within the
last five years and who are now officers, principals, partners, associates or members of the business. The
information also includes the employment with or representation of Contractor. For purposes of this provision,
"County administrative official" is defined as a member of the Board of Supervisors or such officer's staff,
County Executive Officer or member of such officer's staff, County department or group head, assistant
department or group head, or any employee in the Exempt Group, Management Unit or Safety Management
Unit.
C.24 IMPROPER INFLUENCE
Contractor shall make all reasonable efforts to ensure that no County officer or employee, whose position in
the County enables him/her to influence any award of the Contract or any competing offer, shall have any
direct or indirect financial interest resulting from the award of the Contract or shall have any relationship to the
Contractor or officer or employee of the Contractor.
C.26 MATERIAL MISSTATEMENT/MISREPRESENTATION
If during the course of the administration of this Contract, the County determines that Contractor has made a
material misstatement or misrepresentation or that materially inaccurate information has been provided to the
County, this Contract may be immediately terminated. If this Contract is terminated according to this
provision, the County is entitled to pursue any available legal remedies.
C.26 OWNERSHIP OF DOCUMENTS
All documents, data, products, graphics, computer programs and reports prepared by Contractor pursuant to
the Contract shall be considered property of the County upon payment for services (and product, if
applicable). All such items shall be delivered to County at the completion of work under the Contract, subject
to the requirements of Section IV—Term of the Contract. Unless otherwise directed by County, Contractor
may retain copies of such items.
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C.27 COPYRIGHT
County shall have a royalty-free, non-exclusive and irrevocable license to publish, disclose, copy, translate,
and otherwise use, copyright or patent, now and hereafter, all reports, studies, information, data, statistics,
forms, designs, plans, procedures, systems, and any other materials or properties developed under this
Contract including those covered by copyright, and reserves the right to authorize others to use or reproduce
such material. All such materials developed under the terms of this Contract shall acknowledge the County of
San Bernardino as the funding agency and Contractor as the creator of the publication. No such materials, or
properties produced in whole or in part under this Contract shall be subject to private use, copyright or patent
right by Contractor in the United States or in any other country without the express written consent of County.
Copies of all educational and training materials, curricula, audio/visual aids, printer material, and periodicals,
assembled pursuant to this Contract must be filed with the County prior to publication.
C.29 RELEASE OF INFORMATION
No news releases, advertisements, public announcements or photographs arising out of the Contract or
Contractor's relationship with County may be made or used without prior written approval of the County.
C.30 PARTICIPATION CLAUSE
The County desires that Municipalities, School Districts, and other Tax Districts within the State of California
requiring the same services provided herein may at their option and through the County Purchasing agent,
avail themselves of this Contract. Upon notice, in writing, the Contractor agrees to the extension of the terms
of a resultant contract with such governmental bodies as though they have been expressly identified in this
bid, with the provisions that:
C.30.1 Such governmental body does not have and will not have in force any other contract for like
purchases.
C.30.2 Such governmental body does not have under consideration for award any other bids or quotations for
like purchases.
t
C.30.3 Such governmental body shall make purchases directly through and to the Contractor. The County will
not be liable for any such purchase made between the Contractor and another governmental body who avails
themselves of this contract.
The Contractor shall be required to maintain a list of all Public Agencies, Municipalities, School Districts, and
other Tax Exempt Districts using this Contract. The list shall report dollar volumes spent annually and shall be
provided to the County on January 15'of each year during the term of the contract.
C.31 DAMAGE TO COUNTY PROPERTY
Contractor shall repair, or cause to be repaired, at its own cost, all damages to County vehicles, facilities,
buildings or grounds caused by the willful or negligent acts of Contractor or its employees or agents. Such
repairs shall be made immediately after Contractor becomes aware of such damage, but in no event later than
thirty (30) days after the occurrence.
If the Contractor fails to make timely repairs, the County may make any necessary repairs. The Contractor, as
determined by the County, shall repay all costs incurred by the County for such repairs, by cash payment
upon demand, or County may deduct such costs from any amounts due to the Contractor from the County.
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C.32 AIR, WATER POLLUTION CONTROL, SAFETY AND HEALTH
Contractor shall comply with all air pollution control, water pollution, safety and health ordinances and
statutes, which apply to the work performed pursuant to this Contract.
C.33 DRUG AND ALCOHOL FREE WORKPLACE
In recognition of individual rights to work in a safe, healthful and productive work place, as a material condition
of this Contract, the Contractor agrees that the Contractor and the Contractor's employees, while performing
service for the County, on County property, or while using County equipment:
C.33.1 Shall not be in any way impaired because of being under the influence of alcohol or a drug.
C.33.2 Shall not possess an open container of alcohol or consume alcohol or possess or be under the
influence of an illegal drug.
C.33.3 Shall not sell, offer, or provide alcohol or a drug to another person.
This shall not be applicable to a Contractor or Contractor's employee who, as part of the performance of
normal job duties and responsibilities, prescribes or administers medically prescribed drugs.
The Contractor shall inform all employees that are performing service for the County on County property, or
using County equipment, of the County's objective of a safe, healthful and productive work place and the
prohibition of drug or alcohol use or impairment from same while performing such service for the County.
C.34 ARTWORK, PROOFS AND NEGATIVES
All artwork, proofs, and/or negatives in either print or digital format for anything produced under the terms of
this Contract are the property of the County. These items must be returned to the County within ten days,
upon written notification to the Contractor. In the event of a failure to return the documents, the County is
entitled to pursue any available legal remedies. In addition, the Contractor will be barred from all future
solicitations, for a period of at least six months.
C.36 ENVIRONMENTAL REQUIREMENTS
In accordance with County Policy 11-10, the County prefers to acquire and use products with higher levels of
post-consumer recycled content. Environmentally preferable goods and materials must perform satisfactorily
and be available at a reasonable price. The County requires Contractor to use recycled paper for any printed
or photocopied material created as a result of this Contract. Contractor is also required to use both sides of
paper sheets for reports submitted to the County whenever practicable.
To assist the county in meeting the reporting requirements of the California Integrated Waste Management
Act of 1989 (AB 939), Contractor must be able to annually report the County's environmentally preferable
purchases. Services providers are asked to report on environmentally preferable goods and materials used in
the provision of their service to the County.
C.36 EMPLOYMENT DISCRIMINATION
During the term of the Contract, Contractor shall not discriminate against any employee or applicant for
employment because of race, religious creed, color, national origin, ancestry, physical disability, mental
disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender
expression, sexual orientation, age, or military and veteran status, Contractor shall comply with Executive
Orders 11246, 11375, 11625, 12138, 12432, 12250, 13672, Title VII of the Civil Rights Act of 1964, the
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California Fair Housing and Employment Act and other applicable Federal, State and County laws and
regulations and policies relating to equal employment and contracting opportunities, including laws and
regulations hereafter enacted.
C.37 DEBARMENT AND SUSPENSION
The Contractor certifies that neither it nor its principals or subcontracts is presently disbarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by
any federal department or agency as required by Executive Order 12549.
C.37.1 - CONTRACTOR is not debarred from the System for Award Management (SAM). If the Agreement is
federally or State funded, CONTRACTOR must notify the COUNTY immediately of a debarment. Reference:
System for Award Management (SAM) at http://wvvw,eols.00v) (Executive Order 12549, 7 CFR Part 3017, 45
CFR Part 76, and 44 CFR Part 17). The System for Award Management (SAM) is the Official U.S.
Government system that consolidated the capabilities of CCR/FedReg, ORCA, and EPLS.
C.37.2 — The rights and remedies of COUNTY provided in this section shall not be exclusive and are in
addition to any other rights and remedies provided by law or this Agreement.
C.38 INFORMAL DISPUTE RESOLUTION
In the event the County determines that service is unsatisfactory, or in the event of any other dispute, claim,
question or disagreement arising from or relating to this Contract or breach thereof, the parties hereto shall
use their best efforts to settle the dispute, claim, question or disagreement. To this effect, they shall consult
and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and
equitable solution satisfactory to both parties.
C.39 IRAN CONTRACTING ACT
IRAN CONTRACTING ACT OF 2010, Public Contract Code sections 2200 et seq. (Applicable for all Contracts
of $1,000,000 or more). In accordance with Public Contract Code section 2204(a), the Contractor certifies
that at the time the Contract is signed, the Contractor signing the Contract is not identified on a list created
pursuant to subdivision (b) of Public Contract Code section 2203 as a person (as defined in Public Contract
Code section 2202(e)) engaging in investment activities in Iran described in subdivision (a) of Public Contract
Code section 2202.5, or as a person described in subdivision (b) of Public Contract Code section 2202.5, as
applicable.
Contractors are cautioned that making a false certification may subject the Contractor to civil penalties,
termination of existing contract, and ineligibility to bid on a contract for a period of three years in accordance
with Public Contract Code section 2205.
C.40 COUNTY REPRESENTATIVE
The Director of Purchasing or his/her designee shall represent the County in all matters pertaining to the
services to be rendered under this Contract, including termination and assignment of this Contract, and shall
be the final authority in all matters pertaining to the Services/Scope of Work by Contractor. The County of
San Bernardino Board of Supervisors must approve all amendments to this Contract.
C.41 RECORDS
Contractor shall maintain all records and books pertaining to the delivery of services under this Contract and
demonstrate accountability for contract performance. All records shall be complete and current and comply
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with all Contract requirements. Failure to maintain acceptable records shall be considered grounds for
withholding of payments for invoices submitted and/or termination of the Contract.
All records relating to the Contractor's personnel, consultants, subcontractors, Services/Scope of Work and
expenses pertaining to this Contract shall be kept in a generally acceptable accounting format. Records
should include primary source documents. Fiscal records shall be kept in accordance with Generally
Accepted Accounting Principles and must account for all funds, tangible assets, revenue and expenditures,
Fiscal records must comply with the appropriate Office of Management and Budget (OMB) Circulars which
state the administrative requirements, cost principles and other standards for accountancy.
C.42 REPORTING REQUIREMENTS
Contractor shall cooperate with the County in the monitoring and evaluation of this agreement and comply
with any and all reporting requirements established by the County. Contractor shall provide the following
annual reports to include, but not limited to:
a. Total sales by Manufacturer for Department and for Countywide
b. Total sales by service provided to Department and Countywide to include labor charges,
reconfiguration charges, design service charges, space planning charges, and special project
management charges
Reports shall be provided to the County Purchasing Department within 30 days following each annual period
of the contract start date.
C.43 NOTICE OF DELAYS
Except as otherwise provided herein, when either party has knowledge that any actual or potential situation is
delaying or threatens to delay the timely performance of this contract, that party shall, within 24 hours, give
notice thereof, including all relevant information with respect thereto, to the other party.
C.44 DISCLOSURE OF CRIMINAL AND CIVIL PROCEDURES
The County reserves the right to request the information described herein from the Contractor selected for
contract award. Failure to provide the information may result in a disqualification from the award of contract to
Contractor. The County also reserves the right to obtain the requested information by way of a background
check performed by an investigative firm. The Contractor also may be requested to provide information to
clarify initial responses. Negative information discovered may result in disqualification of award of contract.
Contractor is required to disclose whether the firm, or any of its partners, principals, members, associates or
key employees (as that term is defined herein), within the last ten years, has been indicted on or had charges
brought against it or them (if still pending) or convicted of any crime or offense arising directly or indirectly
from the conduct of the firm's business, or whether the firm, or any of its partners, principals, members,
associates or key employees, has within the last ten years, been indicted on or had charges brought against it
or them (if still pending) or convicted of any crime or offense involving financial misconduct or fraud. If the
response is affirmative, the Contractor will be asked to describe any such indictments or charges (and the
status thereof), convictions and the surrounding circumstances in detail.
In addition, the Contractor is required to disclose whether the firm, or any of its partners, principals, members,
associates or key employees, within the last ten years, has been the subject of legal proceedings as defined
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herein arising directly from the provision of services by the firm or those individuals. "Legal proceedings"
means any civil actions filed in a court of competent jurisdiction, or any matters filed by an administrative or
regulatory body with jurisdiction over the firm or the individuals. If the response is affirmative, the Contractor
will be asked to describe any such legal proceedings (and the status and disposition thereof) and the
surrounding circumstances in detail.
For purposes of this provision key employees includes any individuals providing direct service to the County.
"Key employees" do not include clerical personnel providing service at the firm's offices or locations.
C.45 RESERVED
C.46 TAX CONSIDERATIONS
Contractor shall allow for Direct Pay Tax savings where ever possible. Contractor will make every effort to
process orders over $100,000.00 to be delivered to a County facility within unincorporated areas located as
close as possible to the project installation site.
On August 31, 2005, the California State Board of Equalization (BOE) approved the Use Tax Direct Payment
Permit for the San Bernardino County. As a result, the County has the option to self- accrue use taxes on
eligible purchases of tangible property pursuant to California Tax Code Section 7051.3. It intends to self-
assess and pay tax using its direct pay permit. The County will designate at the time of purchase when it will
use Direct Pay. In those instances, the County will issue a copy of the exemption certificate. The Purchase
Order/Contract will include the use of this direct payment exemption certificate on eligible use tax
transactions.
Generally this certificate exemption applies to the following type of transactions:
C.46.1 Purchases of tangible personal property from out-of-state contractors, provided the property is
delivered directly to the unincorporated area of the county from an out-of-state location by common carrier.
C46.2 Purchases of tangible personal property from contractors where title transfers to the County out-of-state
provided the property is delivered directly to the county from an out-of-state location by common carrier.
Because risk of loss must not pass to the County until delivery, the County reserves the right to utilize its own
shipping broker, if necessary.
Additional Instructions
Bill of Ladinq
C46.3 Please submit with your shipment a bill of lading showing shipment sent from outside the State of
California with FOB Origin (Shipment) shipping terms as dictated in the purchase order.
C46.4 Please indicate the ship to address reference in the purchase order to be in unincorporated area of the
San Bernardino County.
Invoicing
C46.5 Please indicate on your invoice to the County that Title passes at point of shipment (FOB Shipping
Point) and risk of loss transfers at delivery.
Freight
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C46.6 If the County elects to use Direct Payment Certificate, freight will be estimated from the shipping point
to a warehouse in an unincorporated location in the County for the purposes of inspection, assembly,
temporary storage, and/or staging then on to the final destination.
C.47 PRICE GUARANTEE AND PRICE ESCALATION
All prices will be considered firm for the entire period of the Contract unless otherwise stated. If the
Contractor seeks any increases in price, Contractor must provide bona fide proof of cost increases prior to
any price escalation adjustment, subject to approval of the County. A minimum thirty (30) days advance
written notice is required to secure such adjustments. No retroactive pricing adjustments will be considered.
Written approval of the County must be obtained prior to the effective date of any adjustments. The County
may enforce, adjust, or terminate escalating price contracts as it sees fit.
D. TERM OF CONTRACT
This Contract is effective as of March 22, 2016 and expires March 21, 2021 but may be terminated earlier in
accordance with provisions of this Contract.
The County and the Contractor each reserve the right to terminate the Contract, for any reason, with a thirty
(30) day written notice of termination. Such termination may include all or part of the services described
herein. Upon such termination, payment will be made to the Contractor for services rendered and expenses
reasonably incurred prior to the effective date of termination. Upon receipt of termination notice Contractor
shall promptly discontinue services unless the notice directs otherwise. Contractor shall deliver promptly to
County and transfer title (if necessary) all completed work, and work in progress, including drafts, documents,
plans, forms, data, products, graphics, computer programs and reports.
E. FISCAL PROVISIONS
EA Contractor agrees to supply system/freestanding furniture, filing systems, sections, and related services,
as described herein. Contractor will provide goods and services detailed above based on Contract pricing
attached as Exhibit A. The County shall not be responsible for any additional charges outside of those items
listed in Exhibit A.
E.2 Contractor shall provide the County invoices and shall include the following information on the invoices:
E.2.1 Delivery name and address of each order
E.2.2 Cost of item
E.2.3 Discount
E.2.4 Extended cost per item
E.2.6 Brief descriptions of the products
E.2.6 Invoicing is to be sectioned off with subtotals and a title description per workstation
E.2.7 Freight, if applicable, is to be separated by line item
E.2.8 Services
E.2.9 Tax
E.3 Contractor shall accept all payments from County via electronic funds transfer (EFT) directly deposited
into the Contractor's designated checking or other bank account. Contractor shall promptly comply with
directions and accurately complete forms provided by County required to process EFT payments.
EA County is exempt from Federal excise taxes and no payment shall be made for any personal property
taxes levied on Contractor or on any taxes levied on employee wages. The County shall only pay for any
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State or local sales or use taxes on the services rendered or equipment and/or parts supplied to the County
pursuant to the Contract.
E.5 Costs for services under the terms of this Contract shall be incurred during the contract period except as
approved by County. Contractor shall not use current year funds to pay prior or future year obligations.
E.6 f=unds made available under this Contract shall not supplant any federal, state or any governmental funds
intended for services of the same nature as this Contract. Contractor shall not claim reimbursement or
payment from County for, or apply sums received from County with respect to that portion of its obligations
that have been paid by another source of revenue. Contractor agrees that it will not use funds received
pursuant to this Contract, either directly or indirectly, as a contribution or compensation for purposes of
obtaining funds from another revenue source without prior written approval of the County.
E.7 County shall pay the invoice within 60 calendar days from the date of receipt of an accurate invoice.
F. INDEMNIFICATION AND INSURANCE REQUIREMENTS
F.1 INDEMNIFICATION
The Contractor agrees to indemnify, defend (with counsel reasonably approved by County) and hold harmless
the County and its authorized officers, employees, agents and volunteers from any and all claims, actions,
losses, damages and/or liability arising out of this Contract from any cause whatsoever, including the acts,
errors or omissions of any person and for any costs or expenses incurred by the County on account of any
claim except where such indemnification is prohibited by law. This indemnification provision shall apply
regardless of the existence or degree of fault of indemnities. The Contractor indemnification obligation applies
to the County's "active" as well as "passive" negligence but does not apply to the County's "sole negligence"
or"willful misconduct" within the meaning of Civil Code section 2782.
F.2 ADDITIONAL INSURED
All policies, except for Worker's Compensation, Errors and Omissions and Professional Liability policies shall
contain additional endorsements naming the County and its officers, employees, agents and volunteers as
additional named insured with respect to liabilities arising out of the performance of services hereunder. The
additional insured endorsements shall not limit the scope of coverage for the County to vicarious liability but
shall allow coverage for the County to the full extent provided by the policy. Such additional insured coverage
shall be at least as broad as Additional Insured(Form B)endorsement form ISO, CG 2010.11 85.
F.3 WAIVER OF SUBROGATION RIGHTS
The Contractor shall require the carriers of required coverages to waive all rights of subrogation against the
County, its officers, employees, agents, volunteers, contractors and subcontractors. All general or auto
liability insurance coverage provided shall not prohibit the Contractor and Contractor's employees or agents
from waiving the right of subrogation prior to a loss or claim. The Contractor hereby waives all rights of
subrogation against the County.
FA POLICIES PRIMARY AND NON-CONTRIBUTORY
All policies required herein are to be primary and non-contributory with any insurance or self-insurance
programs carried or administered by the County.
F.5 SEVERABILITY OF INTERESTS
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The Contractor agrees to ensure that coverage provided to meet these requirements is applicable separately
to each insured and there will be no cross liability exclusions that preclude coverage for suits between the
Contractor and the County or between the County and any other insured or additional insured under the
policy.
F.6 PROOF OF COVERAGE
The Contractor shall furnish Certificates of Insurance to the County Department administering the Contract
evidencing the insurance coverage at the time the Contract is executed, additional endorsements, as required
shall be provided prior to the commencement of performance of services hereunder, which certificates shall
provide that such insurance shall not be terminated or expire without 30 days written notice to the
Department, and Contractor shall maintain such insurance from the time Contractor commences performance
of services hereunder until the completion of such services. Within 15 days of the commencement of this
contract, the Contractor shall furnish a copy of the Declaration page for all applicable policies and will provide
complete certified copies of the policies and endorsements immediately upon request.
F.7 ACCEPTABILITY OF INSURANCE CARRIER
Unless otherwise approved by Risk Management, insurance shall be written by insurers authorized to do
business in the State of California and with a minimum "Best" Insurance Guide rating of"A- VII",
F.8 DEDUCTIBLES AND SELF-INSURED RETENTION
ANY and all deductibles or self-insured retentions in excess of $10,000 shall be declared to and approved by
Risk Management.
F.9 FAILURE TO PROCURE COVERAGE
In the event that any policy of insurance required under this contract does not comply with the requirements,
is not procured, or is canceled and not replaced, the County has the right but not the obligation or duty to
cancel the contract or obtain insurance if it deems necessary and any premiums paid by the County will be
promptly reimbursed by the Contractor or County payments to the Contractor will be reduced to pay for
County purchased insurance.
F.10 INSURANCE REVIEW
Insurance requirements are subject to periodic review by the County. The Director of Risk Management or
designee is authorized, but not required, to reduce, waive or suspend any insurance requirements whenever
Risk Management determines that any of the required insurance is not available, is unreasonably priced, or is
not needed to protect the interests of the County. In addition, if the Department of Risk Management
determines that heretofore unreasonably priced or unavailable types of insurance coverage or coverage limits
become reasonably priced or available, the Director of Risk Management or designee is authorized, but not
required, to change the above insurance requirements to require additional types of insurance coverage or
higher coverage limits, provided that any such change is reasonable in light of past claims against the County,
inflation, or any other item reasonably related to the County's risk.
Any change requiring additional types of insurance coverage or higher coverage limits must be made by
amendment to this contract. Contractor agrees to execute any such amendment within 30 days of receipt.
Any failure, actual or alleged, on the part of the County to monitor or enforce compliance with any of the
insurance and indemnification requirements will not be deemed as a waiver of any rights on the part of the
County.
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F.11
The Contractor agrees to provide insurance set forth in accordance with the requirements herein. If the
Contractor uses existing coverage to comply with these requirements and that coverage does not meet
the specified requirements, the Contractor agrees to amend, supplement or endorse the existing
coverage to do so.
Without in anyway affecting the indemnity herein provided and in addition thereto, the Contractor shall
secure and maintain throughout the contract term the following types of insurance with limits as shown:
FA1.1 WORKERS' COMPENSATION/EMPLOYER'S LIABILITY
A program of Workers' Compensation insurance or a state-approved, self-insurance program in an
amount and form to meet all applicable requirements of the Labor Code of the State of California,
including Employer's Liability with.$250,000 limits covering all persons including volunteers providing
services on behalf of the Contractor and all risks to such persons under this contract.
If Contractor has no employees, it may certify or warrant to the County that it does not currently have any
employees or individuals who are defined as "employees" under the Labor Code and the requirement for
Workers' Compensation coverage will be waived by the County's Director of Risk Management.
With respect to Contractors that are non-profit corporations organized under California or Federal law,
volunteers for such entities are required to be covered by Workers' Compensation insurance.
F.11.2 COMMERCIAL/GENERAL LIABILITY INSURANCE
The Contractor shall carry General Liability Insurance covering all operations performed by or on behalf
of the Contractor providing coverage for bodily injury and property damage with a combined single limit of
not less than $1,000,000, per occurrence. The policy coverage shall include:
Premises operations and mobile equipment.
Products and completed operations.
Broad form property damage(including completed operations).
Explosion, collapse and underground hazards.
Personal injury.
Contractual liability.
$2,000,000 general aggregate limit.
F.11.3 AUTOMOBILE LIABILITY INSURANCE
Primary insurance coverage shall be written on ISO Business Auto coverage form for all owned, hired
and non-owned automobiles or symbol 1 (any auto). The policy shall have a combined single limit of not
less than $1,000,000 for bodily injury and property damage, per occurrence.
If the Contractor is transporting one or more non-employee passengers in performance of contract
services, the automobile liability policy shall have a combined single limit of $2,000,000 for bodily injury
and property damage per occurrence.
If the Contractor owns no autos, a non-owned auto endorsement to the General Liability policy described
above is acceptable.
FA1.4 UMBRELLA LIABILITY INSURANCE
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An umbrella (over primary) or excess policy may be used to comply with limits or other primary coverage
requirements. When used, the umbrella policy shall apply to bodily injury/property damage, personal
injury/advertising injury and shall include a "dropdown" provision providing primary coverage for any
liability not covered by the primary policy. The coverage shall also apply to automobile liability.
G. RIGHT TO MONITOR AND AUDIT
The County, State and Federal government shall have absolute right to review and audit all records, books,
papers, documents, corporate minutes, and other pertinent items as requested, and shall have absolute right
to monitor the performance of Contractor in the delivery of services provided under this Contract. Contractor
shall give full cooperation, in any auditing or monitoring conducted. Contractor shall cooperate with the
County in the implementation, monitoring, and evaluation of this Contract and comply with any and all
reporting requirements established by the County.
All records pertaining to services delivered and all fiscal, statistical and management books and records shall
be available for examination and audit by Department Representatives for a period of three years after final
payment under this Contract or until all pending County, State and Federal audits are completed, whichever is
later.
H. INSPECTION OF SERVICE: QUALITY CONTROL/ASSURANCE
All performance (which includes services, workmanship, materials, supplies and equipment furnished or
utilized in the performance of this Agreement) shall be subject to inspection and test by the County or other
regulatory agencies at all times. The Contractor shall provide adequate cooperation to any inspector or other
Department Representative to permit him/her to determine the Contractor's conformity with the terms of this
Agreement. If any services performed or products provided by Contractor are not in conformance with the
terms of this agreement, the County shall have the right to require the Contractor to perform the services or
provide the products in conformance with the terms of the Agreement at no additional cost to the County.
When the services to be performed or the products to be provided are of such nature that the difference
cannot be corrected, the County shall have the right to: (1) require the Contractor immediately to take all
necessary steps to ensure future performance in conformity with the terms of the Contract; and/or (2) reduce
the Contract price to reflect the reduced value of the services performed or products provided, The County
may also terminate this Contract for default and charge to Contractor any costs incurred by the County
because of the Contractor's failure to perform.
Contactor shall establish adequate procedures for self-monitoring and quality control and assurance to ensure
proper performance under this Contract; and shall permit a Department Representative or other regulatory
official to monitor, assess, or evaluate Contractor's performance under this Contract at any time, upon
reasonable notice to the Contractor.
I. CORRECTION OF PERFORMANCE DEFICIENCIES
Failure by Contractor to comply with any of the provisions, covenants, requirements or conditions of this
Contract shall be a material breach of this Contract.
In the event of a non-cured breach, County may, at its sole discretion and in addition to any other remedies
available at law, in equity, or otherwise specified in this Contract:
Afford Contractor thereafter a time period within which to cure the breach, which period shall be established at
the sole discretion of County; and/or
Discontinue reimbursement to Contractor for and during the period in which Contractor is in breach, which
reimbursement shall not be entitled to later recovery; and/or
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145
Withhold funds pending duration of the breach; and/or
Offset against any monies billed by Contractor but yet unpaid by County those monies disallowed pursuant to
Item "2" of this paragraph; and/or
Terminate this Contract immediately and be relieved of the payment of any consideration to Contractor. In the
event of such termination, the County may proceed with the work in any manner deemed proper by the
County. The cost to the County shall be deducted from any sum due to the Contractor Under this Contract
and the balance, if any, shall be paid by the Contractor upon demand.
J. NOTICES
All written notices provided for in this Contract or which either party desires to give to the other shall be
deemed fully given, when made in writing and either served personally, or by facsimile, or deposited in the
United States mail, postage prepaid, and addressed to the other party as follows:
County of San Bernardino Purchasing Department Yamada Enterprises
Attn:James Olivas 16552 Burke Lane
777 E. Rialto Ave., San Bernardino, CA 92415-0760 Huntington Beach, CA 92647
Notice shall be deemed communicated two County working days from the time of mailing if mailed as
provided in this paragraph.
K. ENTIRE AGREEMENT
This Contract, including Attachments A and Exhibit 1, which are attached hereto and incorporated by
reference, and other documents incorporated herein, represents the final, complete and exclusive agreement
between the parties hereto. If any terms should conflict, the terms contained in the body of this Agreement
shall prevail, and thereafter the terms contained in Attachments A and Exhibit 1, shall apply, Any prior
agreement, promises, negotiations or representations relating to the subject matter of this Contract not
expressly set forth herein are of no force or effect. This Contract is executed without reliance upon any
promise, warranty or representation by any party or any representative of any party other than those expressly
contained herein. Each party has carefully read this Contract and signs the same of its own free will.
Revised 05/04/2015 Page 27 of 28
146
IN WITNESS WHEREOF, the County of San Bernardino and the Contractor have each caused this Contract to be
subscribed by its respective duly authorized officers, on its behalf.
J.K.Miklin,Inc.dba:Yamada Enterprises
COUNTY OF SAN BERNARDINO
(Print or type name of corporation,company,contractor,etc.)
James Ramos, Chairman, Board of Supervisors (Authorized s�na)ure-sign g in due n)
Dated: APR I q Mv( Name Linda Braverman
SIGNED AND CERTIFIED THAXA COPY OF THIS (Print or type name of person signing contract)
DOCUMENT HAS BEEN DELIVERED TO THE President
CHAIRMAN OF THE BOARD Title
Laura H.Welch (Print or Type)
r , C;qr� of the Board of Supervisors
of the County/of SA n Be nardino Dated:
By
,. .• �!iiJ�. y� LI Address 16552 Burke Lane
k• bap,rty Huntington Beach,CA 92647
Approved as t Legal Form Reviewed by Contract Compliance Prekented t4_ S fpr Signature
Cc nl Counsel DepartmentHeadf
Dale �f�2 � � Date Date L 1 1 �I
� r
Revised 05/04/2015 Page 28 of 28
147
ATTACHMENT A
PREVAILING WAGE REQUIREMENTS
A. All or a portion of the Scope of Work in the Contract or Purchase Order (as applicable)
requires the payment of prevailing wages and compliance with the following requirements.
1. Determination of Prevailing Rates:
Pursuant to Labor Code sections 1770, et seq., the County has obtained from the Director of the
Department of Industrial Relations (DIR) pursuant to the California Labor Code, the general
prevailing rates of per diem wages and the prevailing rates for holiday and overtime work in the
locality in which the Scope of Work is to be performed. Copies of said rates are on file with the
County, will be made available for inspection during regular business hours, may be included
elsewhere in the specifications for the Scope of Work, and are also available online at
www.dir.ca.gov. The wage rate for any classification not listed, but which may be required to
execute the Scope of Work, shall be commensurate and in accord with specified rates for similar
or comparable classifications for those performing similar or comparable duties. In accordance
with Labor Code section 1773.2, the Contractor shall post, at appropriate and conspicuous
locations on the jobsite, a schedule showing all applicable prevailing wage rates and shall comply
with the requirements of Labor Code sections 1773, et seq.
2. Payment of Prevailing Rates
Each worker of the Contractor, or any subcontractor, engaged in the Scope of Work, shall be paid
not less than the general prevailing wage rate, regardless of any contractual relationship which
may be alleged to exist between the Contractor or any subcontractor, and such worker.
3. Prevailing Rate Penalty
The Contractor shall, as a penalty, forfeit two hundred dollars ($200.00) to the County for each
calendar day or portion thereof, for each worker paid less than the prevailing rates as determined
by the Director of the DIR for such work or craft in which such worker is employed by the
Contractor or by any subcontractor in connection with the Scope of Work. Pursuant to California
Labor Code section 1775, the difference between such prevailing wage rates and the amount
paid to each worker for each calendar day, or portion thereof, for which each worker was paid
less than the prevailing wage rate, shall be paid to each worker by the Contractor.
4. Ineligible Contractors:
Pursuant to the provisions of Labor Code section 1777.1, the Labor Commissioner publishes and
distributes a list of contractors ineligible to perform work as a contractor or subcontractor on a
public works project. This list of debarred contractors is available from the DIR website at
http://www.dir.ca.gov/Public-Works/PublicWorks.html. Any contract entered into between a
contractor and a debarred subcontractor is void as a matter of law. A debarred subcontractor
may not receive any public money for performing work as a subcontractor on a public works
contract, and any public money that may have been paid to a debarred subcontractor by a
contractor on the project shall be returned to the County. The Contractor shall be responsible for
the payment of wages to workers of a debarred subcontractor who has been allowed to work on
the Scope of Work.
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5. Payroll Records:
Pursuant to California Labor Code section 1776, the Contractor and each subcontractor, shall
keep accurate certified payroll records, showing the name, address, social security number, work
classification, straight time and overtime hours worked each day and week, and the actual per
diem wages paid to each journeyman, apprentice, worker or other employee employed by them
in connection with the Scope of Work. The payroll records enumerated herein shall be verified
by a written declaration made under penalty of perjury that the information contained in the payroll
record is true and correct and that the Contractor or subcontractor has complied with the
requirements of the California Labor Code sections 1771, 1811, and 1815 for any Scope of Work
performed by his or her employees. The payroll records shall be available for inspection at all
reasonable hours at the principal office of the Contractor on the following basis:
(1) A certified copy of an employee's payroll record shall be made available for inspection
or furnished to such employee or his/her authorized representative on request;
(2) A certified copy of all payroll records shall be made available for inspection or furnished
upon request to the County, the Division of Labor Standards Enforcement of the DIR;
(3) A certified copy of payroll records shall be made available upon request to the public
for inspection or copies thereof made; provided, however, that a request by the public
shall be made through either the County or the Division of Labor Standards
Enforcement. If the requested payroll records have not been previously provided to
the County or the Division of Labor Standards Enforcement,the requesting party shall,
prior to being provided the records, reimburse the cost of preparation by the
Contractor, subcontractor and the entity through which the request was made; the
public shall not be given access to such records at the principal office of the Contractor;
(4) The Contractor shall file a certified copy of the payroll records with the entity that
requested such records within ten (10) days after receipt of a written request; and
(5) Copies provided to the public, by the County or the Division of Labor Standards
Enforcement shall be marked or obliterated in such a manner as to prevent disclosure
of an individual's name, address and social security number. The name and address
of the Contractor or any subcontractor, performing a part of the Scope of Work shall
not be marked or obliterated. The Contractor shall inform the County of the location
of payroll records, including the street address, city and county and shall, within five
(5)working days, provide a notice of a change of location and address.
The Contractor shall have ten (10) days from receipt of the written notice specifying in what
respects the Contractor must comply with the above requirements. In the event Contractor does
not comply with the requirements of this section within the ten (10) day period, the Contractor
shall, as a penalty to the County, forfeit one-hundred dollars ($100.00)for each calendar day, or
portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the
Division of Labor Standards Enforcement, such penalty shall be withheld from any portion of the
payments then due or to become due to the Contractor.
6. Limits on Hours of Work:
Pursuant to California Labor Code section 1810, eight (8) hours of labor shall constitute a legal
day's work. Pursuant to California Labor Code section 1811, the time of service of any worker
employed at any time by the Contractor or by a subcontractor, upon the Scope of Work or upon
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any part of the Scope of Work, is limited and restricted to eight(8) hours during any one calendar
day and forty(40) hours during any one calendar week, except as provided for under Labor Code
section 1815. Notwithstanding the foregoing provisions, work performed by employees of
Contractor or any subcontractor, in excess of eight (8) hours per day and forty (40) hours during
any one week, shall be permitted upon compensation for all hours worked in excess of eight (8)
hours per day at not less than one and one-half(1%2) times the basic rate of pay.
7. Penalty for Excess Hours:
The Contractor shall pay to the County a penalty of twenty-five dollars ($25.00)for each worker
employed on the Scope of Work by the Contractor or any subcontractor, for each calendar day
during which such worker is required or permitted to work more than eight (8) hours in any
calendar day and forty (40) hours in any one calendar week, in violation of the provisions of the
California Labor Code, unless compensation to the worker so employed by the Contractor is not
less than one and one-half(1%2) times the basic rate of pay for all hours worked in excess of eight
(8) hours per day.
8. Senate Bill 854 (Chapter 28, Statutes of 2014) Requirements:
(1) Contractor shall comply with Senate Bill 854 (signed into law on June 20, 2014). The
requirements include, but are not limited to, the following:
a. No contractor or subcontractor may be listed on a bid proposal (submitted on or after
March 1, 2015) for a public works project unless registered with the DIR pursuant to
Labor Code section 1725.5, with limited exceptions from this requirements for bid
purposes only as allowed under Labor Code section 1771.1(a).
b. No contractor or subcontractor may be awarded a contract for public work or perform
work on a public works project (awarded on or after April 1, 2015) unless registered
with the DIR pursuant to Labor Code section 1725.5.
c. This project is subject to compliance monitoring and enforcement by the DIR.
d. As required by the DIR, Contractor is required to post job site notices, as prescribed
by regulation, regarding compliance monitoring and enforcement by the DIR.
e. Contractors and all subcontractors must submit certified payroll records online to the
Labor Commissioner for all new public works projects issued on or after April 1, 2015,
and for all public works projects, new or ongoing, on or after January 1, 2016.
a. The certified payroll must be submitted at least monthly to the Labor
Commissioner.
b. The County reserves the right to require Contractor and all subcontractors to
submit certified payroll records more frequently than monthly to the Labor
Commissioner
c. The certified payroll records must be in a format prescribed by the Labor
Commissioner.
(2) Labor Code section 1725.5 states the following:
A contractor shall be registered pursuant to this section to be qualified to bid on, be listed in a
bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or
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engage in the performance of any public work contract that is subject to the requirements of
this chapter. For the purposes of this section, "contractor" includes a subcontractor as defined
by Section 1722.1.
(a) To qualify for registration under this section, a contractor shall do all of the following:
(1) Beginning July 1, 2014, register with the Department of Industrial Relations in the
manner prescribed by the department and pay an initial nonrefundable application fee
of three hundred dollars ($300) to qualify for registration under this section and an
annual renewal fee on or before July 1 of each year thereafter. The annual renewal
fee shall be in a uniform amount set by the Director of Industrial Relations, and the
initial registration and renewal fees may be adjusted no more than annually by the
director to support the costs specified in Section 1771.3.
(2) Provide evidence, disclosures, or releases as are necessary to establish all of the
following:
(A) Workers' Compensation coverage that meets the requirements of Division
4 (commencing with Section 3200) and includes sufficient coverage for any
worker whom the contractor employs to perform work that is subject to
prevailing wage requirements other than a contractor who is separately
registered under this section. Coverage may be evidenced by a current and
valid certificate of workers' compensation Insurance or certification of self-
insurance required under Section 7125 of the Business and Professions Code.
(B) If applicable, the contractor is licensed in accordance with Chapter 9
(commencing with Section 7000) of the Business and Professions Code.
(C) The contractor does not have any delinquent liability to an employee or
the state for any assessment of back wages or related damages, interest,fines,
or penalties pursuant to any final judgment, order, or determination by a court
or any federal, state, or local administrative agency, including a confirmed
arbitration award. However,for purposes of this paragraph, the contractor shall
not be disqualified for any judgment, order, or determination that is under
appeal, provided that the contractor has secured the payment of any amount
eventually found due through a bond or other appropriate means.
(D) The contractor is not currently debarred under Section 1777.1 or under
any other federal or state law providing for the debarment of contractors from
public works.
(E) The contractor has not bid on a public works contract, been listed in a bid
proposal, or engaged in the performance of a contract for public works without
being lawfully registered in accordance with this section, within the preceding
12 months or since the effective date of the requirements set forth in
subdivision (e), whichever is earlier. If a contractor is found to be in violation of
the requirements of this paragraph, the period of disqualification shall be
waived if both of the following are true:
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(i) The contractor has not previously been found to be in violation of
the requirements of this paragraph within the preceding 12 months.
(H) The contractor pays an additional nonrefundable penalty
registration fee of two thousand dollars ($2,000).
(b) Fees received pursuant to this section shall be deposited in the State Public Works
Enforcement Fund established by Section 1771.3 and shall be used only for the purposes
specified in that section.
(c) A contractor who fails to pay the renewal fee required under paragraph (1) of subdivision
(a) on or before the expiration of any prior period of registration shall be prohibited from
bidding on or engaging in the performance of any contract for public work until once again
registered pursuant to this section. If the failure to pay the renewal fee was inadvertent, the
contractor may renew its registration retroactively by paying an additional nonrefundable
penalty renewal fee equal to the amount of the renewal fee within 90 days of the due date of
the renewal fee.
(d) If, after a body awarding a contract accepts the contractor's bid or awards the contract,
the work covered by the bid or contract is determined to be a public work to which Section
1771 applies, either as the result of a determination by the director pursuant to Section 1773.5
or a court decision, the requirements of this section shall not apply, subject to the following
requirements:
(1) The body that awarded the contract failed, in the bid specification or in the contract
documents, to identify as a public work that portion of the work that the determination
or decision subsequently classifies as a public work.
(2) Within 20 days following service of notice on the awarding body of a determination
by the Director of Industrial Relations pursuant to Section 1773.5 or a decision by a
court that the contract was for public work as defined in this chapter, the contractor
and any subcontractors are registered under this section or are replaced by a
contractor or subcontractors who are registered under this section.
(3) The requirements of this section shall apply prospectively only to any subsequent
bid, bid proposal, contract, or work performed after the awarding body is served with
notice of the determination or decision referred to in paragraph (2) of this subdivision.
(e) The requirements of this section shall apply to any bid proposal submitted on or after
March 1, 2015, and any contract for public work, as defined in this chapter, entered into on or
after April 1, 2015.
(3) Labor Code section 1771.1 states the following:
(a) A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal,
subject to the requirements of Section 4104 of the Public Contract Code, or engage in the
performance of any contract for public work, as defined in this chapter, unless currently
registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation
of this section for an unregistered contractor to submit a bid that is authorized by Section
7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public
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Contract Code, provided the contractor is registered to perform public work pursuant to
Section 1725.5 at the time the contract is awarded.
(b) Notice of the requirement described in subdivision(a)shall be included in all bid invitations
and public works contracts, and a bid shall not be accepted nor any contract or subcontract
entered into without proof of the contractor or subcontractor's current registration to perform
public work pursuant to Section 1725.5.
(c) An inadvertent error in listing a subcontractor who is not registered pursuant to Section
1725.5 in a bid proposal shall not be grounds for filing a bid protest or grounds for considering
the bid nonresponsive, provided that any of the following apply:
(1) The subcontractor is registered prior to the bid opening.
(2) Within 24 hours after the bid opening, the subcontractor is registered and has paid
the penalty registration fee specified in subparagraph (E) of paragraph (2) of
subdivision (a) of Section 1725.5.
(3) The subcontractor is replaced by another registered subcontractor pursuant to
Section 4107 of the Public Contract Code.
(d) Failure by a subcontractor to be registered to perform public work as required by
subdivision (a) shall be grounds under Section 4107 of the Public Contract Code for the
contractor, with the consent of the awarding authority, to substitute a subcontractor who is
registered to perform public work pursuant to Section 1725.5 in place of the unregistered
subcontractor.
(e) The department shall maintain on its Internet Web site a list of contractors who are
currently registered to perform public work pursuant to Section 1725.5.
(f) A contract entered into with any contractor or subcontractor in violation of subdivision (a)
shall be subject to cancellation, provided that a contract for public work shall not be unlawful,
void, or voidable solely due to the failure of the awarding body, contractor, or any
subcontractor to comply with the requirements of Section 1725.5 or this section.
(g) This section shall apply to any bid proposal submitted on or after March 1, 2015, and any
contract for public work entered into on or after April 1, 2015.
(4) Labor Code section 1771.4 states the following:
(a) All of the following are applicable to all public works projects that are otherwise subject to
the requirements of this chapter:
(1) The call for bids and contract documents shall specify that the project is subject to
compliance monitoring and enforcement by the Department of Industrial Relations.
(2) The awarding body shall post or require the prime contractor to post job site
notices, as prescribed by regulation.
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(3) Each contractor and subcontractor shall furnish the records specified in Section
1776 directly to the Labor Commissioner, in the following manner:
(A) At least monthly or more frequently if specified in the contract with the
awarding body.
(B) In a format prescribed by the Labor Commissioner.
(4) The department shall undertake those activities it deems necessary to monitor and
enforce compliance with prevailing wage requirements.
(b) The Labor Commissioner may exempt a public works project from compliance with all or
part of the requirements of subdivision (a) of this section if either of the following occurs:
(1) The awarding body has enforced an approved labor compliance program, as
defined in Section 1771.5, on all public works projects under its authority, except those
deemed exempt pursuant to subdivision (a) of Section 1771.5, continuously since
December 31, 2011.
(2) The awarding body has entered into a collective bargaining agreement that binds
all contractors performing work on the project and that includes a mechanism for
resolving disputes about the payment of wages.
(c)
(1) The requirements of paragraph (1) of subdivision (a) shall only apply to contracts
for public works projects awarded on or after January 1, 2015.
(2) The requirements of paragraph (3) of subdivision (a) shall only apply to the
following projects:
(A) Projects that were subject to a requirement to furnish records to the
Compliance Monitoring Unit pursuant to Section 16461 of Title 8 of the
California Code of Regulations, prior to the effective date of this section.
(B) Projects for which the initial contract is awarded on or after April 1, 2015.
(C) Any other ongoing project in which the Labor Commissioner directs the
contractors or subcontractors on the project to furnish records in accordance
with paragraph (3)of subdivision (a).
(D) All projects, whether new or ongoing, on or after January 1, 2016.
B. STATE PUBLIC WORKS APPRENTICESHIP REQUIRMENTS
1. State Public Works Apprenticeship Requirements:
The Contractor is responsible for compliance with Labor Code section 1777.5 and the California
Code of Regulations, title 8, sections 230—230.2 for all apprenticeable occupations (denoted with
"#" symbol next to craft name in DIR Prevailing Wage Determination), whether employed by the
Contractor, subcontractor, vendor or consultant. Included in these requirements is (1) the
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Contractor's requirement to provide notification (i.e. DAS-140) to the appropriate apprenticeship
committees; (2) pay training fund contributions for each apprenticeable hour employed on the
Contract; and (3) utilize apprentices in a minimum ratio of not less than one apprentice hour for
each five journeyman hours by completion of Contract work (unless an exception is granted in
accordance with Labor Code section 1777.5) or request for the dispatch of apprentices.
Any apprentices employed to perform any of the Scope of Work shall be paid the standard wage
to apprentices under the regulations of the craft or trade for which such apprentice is employed,
and such individual shall be employed only for the work of the craft or trade to which such
individual is registered. Only apprentices, as defined in California Labor Code section 3077, who
are in training under apprenticeship standards and written apprenticeship agreements under
California Labor Code sections 3070 et seq. are eligible to be employed for the Scope of Work.
The employment and training of each apprentice shall be in accordance with the provisions of the
apprenticeship standards and apprentice agreements under which such apprentice is training.
2. Compliance with California Labor Code section 1777.5 requires all public works
contractors to:
(1) Submit Contract Award Information (DAS-140)
a. Although there are a few exemptions (identified below), all Contractors, regardless of
union affiliation, must submit contract award information when performing on a California
public works project.
b. The DAS-140 is a notification"announcement"of the Contractor's participation on a public
works project—it is not a request for the dispatch of an apprentice.
c. Contractors shall submit the contract award information (you may use form DAS 140)
within 10 days of the execution of the prime contract or subcontract, but in no event later
than the first day in which the Contractor has workers employed on the public work.
d. Contractors who are already approved to train apprentices (i.e. check"Box 1" on the DAS-
140) shall only be required to submit the form to their approved program.
e. Contractors who are NOT approved to train apprentices (i.e. those that check either "Box
2" or"Box 3" on the DAS-140) shall submit the DAS-140 TO EACH of the apprenticeship
program sponsors in the area of your public works project. For a fisting of apprenticeship
programs see http://www.dir.ca.govlDatabases/das/pwaddrstart.asp.
(2) Employ Registered Apprentices
a. Labor Code section 1777.5 requires that a contractor performing work in an
"apprenticeable" craft must employ one(1) hour of apprentice work for every five (5) hours
performed by a journeyman. This ratio shall be met prior to the Contractor's completion
of work on the project. "Apprentice able" crafts are denoted with a pound symbol V" in
front of the craft name on the prevailing wage determination.
b. All Contractors who do not fall within an exemption category(see below) must request for
dispatch of an apprentice from an apprenticeship program (for each apprenticeable craft
or trade) by giving the program actual notice of at least 72 hours (business days only)
before the date on which apprentices are required.
c. Contractors may use the "DAS-142" form for making a request for the dispatch of an
apprentice.
d. Contractors who are participating in an approved apprenticeship training program and who
did not receive sufficient number of apprentices from their initial request must request
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dispatch of apprentices from ALL OTHER apprenticeship committees in the project area
in order to fulfill this requirement.
e. Contractor should maintain and submit proof (when requested) of its DAS-142 submittal
to the apprenticeship committees(e.g.fax transmittal confirmation). A Contractor has met
its requirement to employ apprentices only after it has successfully made a dispatch
request to all apprenticeship programs in the project area.
f. Only "registered" apprentices may be paid the prevailing apprentice rates and must, at all
times work under the supervision of a Journeyman (Cal. Code Regs., tit 8, § 230.1).
(3) Make Training Fund Contributions
a. Contractors performing in apprenticeable crafts on public works projects, must make
training fund contributions in the amount established in the prevailing wage rate
publication for journeymen and apprentices.
b. Contractors may use the "CAC-2"form for submittal of their training fund contributions.
c. Contractors who do not submit their training fund contributions to an approved
apprenticeship training program must submit their contributions to the California
Apprenticeship Council (CAC), PO Box 420603, San Francisco, CA 94142-0603.
d. Training fund contributions to the CAC are due and payable on the 15th day of the month
for work performed during the preceding month.
e. The "training" contribution amount identified on the prevailing wage determination shall
not be paid to the worker, unless the worker falls within one of the exemption categories
listed below.
3. Exemptions to Apprenticeship Requirements:
The following are exempt from having to comply with California apprenticeship requirements.
These types of contractors do not need to submit a DAS-140, DAS-142, make training fund
contributions, or utilize apprentices.
a. When the Contractor holds a sole proprietor license ("Owner-Operator") and no workers
were employed by the Contractor. In other words, the contractor performed the entire work
from start to finish and worked alone.
b. Contractors performing in non-apprenticeable crafts. "Apprenticeable" crafts are denoted
with a pound symbol V" in front of the craft name on the prevailing wage determination.
c. When the Contractor has a direct contract with the Public Agency that is under $30,000.
d. When the project is 100%federally-funded and the funding of the project does not contain
any city, county, and/or state monies(unless the project is administered by a state agency
in which case the apprenticeship requirements apply).
e. When the project is a private project not covered by the definition of public works as found
in Labor Code section 1720.
4. Exemption from Apprenticeship Ratios:
The Joint Apprenticeship Committee shall have the discretion to grant a certificate, which shall be
subject to the approval of the Administrator of Apprenticeship, exempting the Contractor from the
1-to-5 ratio set forth in this Section when it finds that any one of the following conditions are met:
a. Unemployment for the previous three-month period in such area exceeds an average of
fifteen percent(15%); or
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b. The number of apprentices in training in such area exceeds a ratio of 1-to-5 in relation to
journeymen; or
c. The Apprenticeable Craft or Trade is replacing at least one-thirtieth (1/30) of its
journeymen annually through apprenticeship training, either on a statewide basis or on a
local basis; or
d. If assignment of an apprentice to any work performed under the Contract Documents
would create a condition which would jeopardize such apprentice's life or the life, safety
or property of fellow employees or the public at large, or if the specific task to which the
apprentice is to be assigned is of such a nature that training cannot be provided by a
journeyman.
When such exemptions from the 1-to-5 ratio between apprentices and journeymen are granted to
an organization which represents contractors in a specific trade on a local or statewide basis, the
member contractors will not be required to submit individual applications for approval to local Joint
Apprenticeship Committees, provided they are already covered by the local apprenticeship
standards.
5. Contractor's Compliance:
The responsibility of compliance with this Section for all Apprenticeable Trades or Crafts is
solely and exclusively that of the Contractor. All decisions of the Joint Apprenticeship
Committee(s) under this Section are subject to the provisions of California Labor Code section
3081 and penalties are pursuant to Lab
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Exhibit 1-Yamada Enterprises
STANDARD LABOR EXTENUATING LABOR CHARGES RECONFIGURATION SPECIAL PROJECT
DESIGN SERVICES
CHARGES MANAGEMENT
7:OOAM-6:OOPM I BEFORE/AFTER REG:HRS,- WEEKEND4:'0bAM;=5:OOPM��'
$45.00/HR $55.00/HR $75.00/HR $75.00/HR $50.00/HR $50.00/HR
CATEGORY MANUFACTURER SERIES DISC OFF LIST PRICE
ACCESSORIES ARPER ALL 37.50%
DESKING/TABLES AURORA SIDE-TO-SIDE 44.00%
FILING ESTEY/TENNSCO L&T SHELVING/INDUSTRIAL PRODUCTS 49.50%
FILING ESTEY/TENNSCO ESTEY SHELVING 61.00%
FILING ESTEY/TENNSCO OFFICE PRODUCTS ALL 42.00%
FILING/STORAGE AURORA SIDE-TO-SIDE 44.00
FILING/STORAGE AURORA WOOKTEK/QUICK-LOK 47.00%
FREESTANDING ARPER TABLES 37.50%
FREESTANDING COMMUNITY/JSI CASEGOODS/CHILDREN'S/TALBES 50.00%
FREESTANDING ESTEY/TENNSCO OFFICE PRODUCTS ALL 42.00%
FREESTANDING ESTEY/TENNSCO INDUSTRIAL PRODUCST/L&T SHELVING 49.50%
FREESTANDING ESTEY/TENNSCO ESTEY SHELVING 61.00%
FREESTANDING LYON COMPLETE LINE/ALL PRODUCTS 53.00%
FREESTANDING NOVA COMPLETE LINE/ALL PRODUCTS 50.00%
FREESTANDING PALMIERI COMPLETE LINE/ALL PRODUCTS 45.00%
FREESTANDING SHUTTLE COMPLETE LINE/ALL PRODUCTS 37.50%
FREESTANDING SWIFT SPACE COMPLETE LINE/ALL PRODUCTS 44.00%
FREESTANDING TMC COMPLETE LINE/ALL PRODUCTS 44.00%
FREESTANDING WORDEN COMPLETE LINE/ALL PRODUCTS 52.50%
LIBRARY AURORA SIDE-TO-SIDE 44.00%
LIBRARY AURORA MOBILE CARRIAGES&SHELVING 50.00%
LIBRARY AURORA QUIK-LOK/WOODTEK 47.00%
LIBRARY AURORA TIMES-2 50.00%
LIBRARY ESTEY/TENNSCO OFFICE PRODUCTS ALL 42.00%
LIBRARY ESTEY/TENNSCO INDUSTRIAL PRODUCTS/L&T SHELVING 49.50%
LIBRARY ESTEY/TENNSCO ESTEY SHELVING 61.00%
CATEGORY MANUFACTURER SERIES DISC OFF UST PRICE
LIBRARY WORDEN COMPLETE LINE/ALL PRODUCTS 52.50%
SEATING ARPER CHAIRS ALL/SOFAS ALL 37.50%
SEATING COMMUNITY/JSI ALL 50.00%
SEATING PALMIERI SEATING/LOUNGE ALL 45.00%
SEATING TMC ALL 44.00%
SEATING WORDEN ALL 52.50%
cn
co
EL SEGUNDO CITY COUNCIL MEETING DATE: July 17, 2018
AGENDA STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION: Consideration and possible action to terminate the Residential Sound
Insulation (RSI) Program and authorize the City Manager to take any actions needed to terminate
the program, including but not limited to: 1) terminate existing agreements and notify applicable
residents, 2) eliminate the RSI Manager position, and 3) direct staff to work with Los Angeles
World Airport (LAWA) to transition to take over the responsibility of treating the remaining
applicable homes. (Fiscal Impact: $50,000)
RECOMMENDED COUNCIL ACTION:
1. Terminate the Residential Sound Insulation (RSI) Program;
2. Authorize the City Manager to take any actions needed to effectuate the termination of
the program, including but not limited to: 1) terminate existing agreements and notify
applicable residents, 2) eliminate the RSI Manager position, and 3) direct staff to work
with Los Angeles World Airport (LAWA) to transition to take over the responsibility
of treating remaining applicable residents;
3. Alternatively, discuss and take other possible action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
1. LAWA letter—City of El Segundo Residential Sound Insulation Program—
Suspension of Administrative Expenditure Reimbursement.
2. FAA letter—AIP 3-06-0139-074-2013 Grant Close Out
FISCAL IMPACT: $50,000
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
STRATEGIC PLAN:
Goal: Customer Service and Engagement
Objective: City operations are unified and integrated
PREPARED BY: Sam Lee, Placating and Building Safety Director
REVIEWED BY:
APPROVED BY: Greg Carpenter, City Manager
INTRODUCTION:
The RSI program used funds from Los Angeles World Airports (LAWA) and the Federal Aviation
Administration (FAA) to treat homes from the effects of noise from LAX, which is immediately
adjacent to the City. As of May 11, 2018, LAWA and FAA will no longer reimburse the city for
RSI administrative expenditures. This means the RSI program cannot continue unless expenses
are paid from the general fund and there is no predictable schedule when construction can restart.
With no source of funding, staff recommends council to direct the City Manager to terminate El
10
160
Segundo's RSI program and take any actions needed to end the program, including but not limited
to:
• Terminate existing agreements with 191 Residential Sound Insulation home owners,
• Eliminate the Residential Sound Insulation Manager position, and
• Direct staff to work with Los Angeles World Airport (LAWA) to transition to take over
the responsibility of treating remaining applicable residents
BACKGROUND AND DISCUSSION:
El Segundo RSI program began in the mid-1980's. Since then, the City has treated roughly 2,000
residences. The RSI Program offered modifications to owners of qualifying residential properties
to reduce interior sound levels of noise generated by air traffic from neighboring Los Angeles
International Airport (LAX).
In 2015, the final year of the 10 year settlement agreement with LAWA, El Segundo's RSI staff
attempted to treat 500 homes in 2015. 191 of the 500 homes were unable to be treated due to bid
results exceeding acceptable levels.
In 2016,with no construction in the foreseeable future,the City suspended the RSI program except
for administrative functions. Since suspending the program in August of 2016, staff have been
focused on obtaining reimbursement of expenses from FAA for funds already spent by the City on
construction. After succeeding in mid-2017 with its efforts to be reimbursed from the FAA for
those expenditures, City staff refocused their efforts on obtaining authorization to re-advertise the
projects for new bids, and ultimately resume the RSI program. For the past 2 years, staff have
been in countless meetings with FAA and LAWA to revise specifications and plans hoping to
obtain the approval to treat the 191 homes and other remaining eligible residents. Those efforts
have not been able to produce an acceptable outcome and it remains unclear how much longer it
will take to reach a solution.
Effective May 11, 2018, the City was notified by both LAWA and FAA that they will no longer
reimburse the City of El Segundo for RSI's administrative costs. With FAA and LAWA's decision
to end RSI reimbursement, if the program were to continue, it would need to be fully funded by
the City's General Fund.
CONCLUSION:
Staff requests the City Council terminate the City's RSI program and direct the City Manager to
work with LAWA to take over the RSI program for the remaining eligible residents and to resolve
all RSI issues necessary to close out the program. Staff will develop a communications plan to
inform residents of the termination of the program and the resolution of our discussions with
LAWA to take over the program to treat the remaining eligible homes.
161
Los Angeles
Flo� World Airports
Delivered via Email
ifA
May 1, 2018
Mr. Greg Carpenter
City of EI Segundo
350 Main Street
EI Segundo, CA
90245
Re: City of EI Segundo Residential Sound Insulation Program —Suspension of
LAX Administrative Expenditure Reimbursement
Van Nuys
City of Los Angeles Dear Mr. Carpenter
Mayorrcetti
Mor As you know, the City of EI Segundo's (City's) Residential Sound Insulation
Mayor
9eaM of airport Program (RSIP) has been suspended since August 2016 and no construction
Commissioners activity has occurred since the end of 2015. Therefore, LAWA cannot justify the
Sean O.Burton continued reimbursement of City administrative RSIP expenditures. This letter
President serves to notify the City that LAWA is suspending reimbursement of City's RSIP
Valeria C.Velasco administrative expenditures effective May 11, 2018. If LAWA determines that
Vice President additional financial information is required to reconcile or clarify previous
Jeffery J.Dear expenditures, LAWA will consider the reasonable reimbursement of City Finance
Gabriel L.Eshaghian
Beatrice C.Hsu staff time to furnish the required financial information. However, LAWA will not I
Thomas S.Sayles
Dr,Cynthiais A.Telles y reimburse Cit RSIP staff time to perform administrative work.
Deborah flint
chief Executive Officer In addition, unexpended LAWA grant funds are currently held on deposit by the
City. Again, since the program is suspended, LAWA will schedule a meeting to
discuss the return of these unexpended LAWA grant funds. LAWA will retain the
unexpended funds until the City RSIP obtains the necessary approvals to restart
its sound insulation activity.
LAWA is committed to providing sound insulation to City residents impacted by
aircraft noise and will work with the City to collaborate on next steps to restart
the City's RSIP. If you have questions, please contact me at(424) 646-7357.
Sincerely,
03tl�
Kendrick Okuda, P.E.
Director, Environmental Programs Group
cc: Samantha Bricker/Kathryn Pantoja/Catalina Saldivar-Chavez/JoeLillio/
Sam Lee/James O'Neil
lIII
1 World Way Los Angeles California 90045.5803 Mail P.O.Box 92216 Los Angeles California 90009-2216 Telephone 310 646 5252 Internet rra.aern
a
U.S Department Western-Pacific Region 15000 Aviation Blvd
of Transportation Los Angeles Airports District Office Hawthorne,CA 90250
Federal Aviation Phone: 310-725-3644
Administration
Fax: 310-725-6849
May 9, 2018
Mr. Greg Carpenter,
City Manager, City of El Segundo
350 Main Street
El Segundo, CA 90245
Dear Mr. Carpenter:
AIP 3-06-0139-074-2013 Grant Close Out
This letter provides notice that Airport Improvement Program grant number
3-06-0139-074-2013 (AIP-74) has been closed effective May 8, 2018. The FAA
sent the City an email and a proposed grant close out notification letter on
November 15, 2017.
As you know, about three years ago the City received seven "expensive bids"
and had to reject them all. Since July 2015, the FAA has reimbursed the City
nearly $350, 000 in administrative fees to revise plans and specifications to
meet FAA procurement and eligibility standards and submit a Disadvantage
Business Enterprise (DBE) plan. The administrative fees appear to be in
excess of what a typical consultant's fee would be to revise plans and
specifications for bidding purposes and prepare a DBE plan.
The FAA conducted an extensive review of the City's specifications and
provided a detailed response on July 13, 2016. The City has not fulfilled the
requirements identified in the FAA's July 13, 2016, email. Consequently, we
can no longer justify keeping AIP-74 open and processing any more grant
payment requests.
Please note, the City can submit a completed grant application with
categorical exclusion documentation to the FAA after the following items are
satisfactorily completed:
1) Obtain an approved DBE plan through the FAA Civil Rights Division.
2) FAA concurrence for pre-design acoustical tests.
3) FAA concurrence of plans and specifications in preparation for bidding.
4) Received reasonable bids using plans and specifications meeting federal
contract provisions and eligibility requirements.
If you have any questions, please call me at 310-725-3644.
Sincerely,
Jason Ritchie
Acting Manager, Los Angeles Airports District Office
163
EL SEGUNDO CITY COUNCIL MEETING DATE: July 17, 2018
AGENDA STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action to receive and file report on revised Scope of Work to the Los
Angeles County Metropolitan Transit Authority (Metro) related to a pending Transit Oriented
Development Planning Grant and Metro's response. (Fiscal Impact: None)
RECOMMENDED COUNCIL ACTION:
1. Receive and file report regarding pending Metro grant;
2. Alternatively, discuss and take other possible action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
1. Letter from Metro dated July 9, 2018
FISCAL IMPACT: None.
STRATEGIC PLAN:
Goal: N/A
PREPARED BY: Gregg McClain,Planning Manager 04f
REVIEWED BY: Sam Lee, Planning and Building Safety Director
APPROVED BY: Greg Carpenter,City Manager ' 9&<2�4,.
Pursuant to direction given to Staff by the City Council on June 25, 2018, Staff submitted a
revised Scope of Work for the Transit-Oriented Planning Grant (Round 5) to Metro that did not
include tasks for studying housing issues. After considering our revised Scope, Metro informed
the City through the attached letter that they are not prepared to allow a change in the Scope after
all the applications were scored and preliminary grant awards were made. In essence, Metro
rejected our proposed modifications.
Although Metro left open the opportunity for the City to resubmit a Scope that includes the
housing task, in light of the direction given at the Council meeting of June 25, Staff will proceed
to inform Metro that the City will decline the grant of$659,500.
1
164
Los Angeles county One Gateway Plaza 213.922.2000 Tel
Metropolitan Transportation Authority Los Angeles,CA 90012.2952 metro.net
Metro
July 9, 2018
Greg Carpenter
City Manager
City of EI Segundo
350 Main Street
EI Segundo, CA 90245
Re: Round 5 TOD Planning Grant Application Award to City of El Segundo
Dear Mr.Carpenter,
We received your letter dated June 21, 2018,with your proposed change to the scope of work and
project budget/schedule for the Transit Oriented Development (TOD) Planning Grant. We
understand that your staff needed additional time to reevaluate the Housing study element defined in
your grant application for city council discussion and approval.
Given the suppositions implied in your request for a major scope change, it bears reinforcing at the
outset that this is a competitive grant program. Applicants are expected to respond to the evaluation
criteria presented by Metro in good faith, and if their proposal is deemed successful, to implement—
in equally good faith—the planning project that was submitted. These projects are evaluated and
scored among many competitors. In no instance should it be assumed that an awardee can change
unilaterally the basis for which the grant award was made, including the nature and detail of the
project scope. In fact, such a proposition would be sufficient foundation for disqualification on its
face. A requested change thus could only be considered fair and justifiable if it unequivocally exceeded
in addressing the original scoring criteria.
Your proposal for a scope change is denied, because it expressly does not meet that test. I n fact, it
serves to weaken the original submitted application, as follows:
• The grant application clearly requires proposals to align with the Transit Supportive Planning
Toolkit.
One notable element of the Toolkit is ensuring that transit connected communities have a
jobs and housing balance that serves households of all income levels; in fact, as highlighted in
attached excerpt from the Toolkit, housing is a key factor in three of the 10 toolkit
characteristics that must be addressed.
By proposing to eliminate from the original scope any consideration of a housing evaluation as
part of El Segundo's proposed workscope, it renders it non-competitive with respect to this
competitive grant program.
Let it be clear that that City of El Segundo's June 25"decision to focus almost exclusively, as you state
in your letter,on commercial and industrial development around the Greenline transit stations within
its boundaries—after the City's submittal of its the TOD grant proposal and Metro's evaluation
thereto—is the Council's prerogative . That has no material bearing on the fact your proposed scope
165
Letter to Mr.Carpenter
change is inconsistent with the goals and intent of this Round 5 TOD grant program. Should the City
wish to implement an analysis as outlined in your letter, it should feel free to underwrite it with local
funds.
In conclusion, please indicate whether the City of EI Segundo will implement the original scope
including the Housing study as submitted, or if you wish to discuss with us modifications that would
remain true to the grant program's objectives. Alternatively, if you are firm in your position, Metro will
begin steps to deobligate the grant award.
I look forward to your response.
Sincerely,
Jenna Hornstock
Executive Officer,Transit Oriented Communities
LA Metro
Cc:file
166
EL SEGUNDO CITY COUNCIL MEETING DATE: July 17, 2018
AGENDA STATEMENT AGENDA HEADING: New Business
AGENDA DESCRIPTION: Consideration and possible action to receive a presentation by both
staff and a representative of the Bird Scooter Company on the impact of the Bird Scooters
(motorized scooters that people pay to ride—they are operated from a standing position similar
to a skateboard with handlebars) within the El Segundo Community. (Fiscal Impact: Unknown)
RECOMMENDED COUNCIL ACTION:
1. Receive and file presentation;
2. Provide direction to staff with regard to whether to continue to allow Bird to continue its
operations as it affects City property,
3. Alternatively, discuss and take other action related to this item
ATTACHED SUPPORTING DOCUMENTS:
None
FISCAL IMPACT: None.
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
STRATEGIC PLAN:
Goal: El Segundo is a safe and prepared city.
Objective: The City has a proactive approach to risk and crime.
PREPARED BY: Bill Whalen, Chief of Police
APPROVED BY: Greg Carpenter, City MariagerA
INTRODUCTION:
Bird is a dockless"scooter-share"company based in Santa Monica, California. It operates electric
motorized scooters in cities throughout North America, at a cost of one dollar to rent plus fifteen
cents a minute. Riders sign up with the company via an app. This app allows riders to unlock the
scooter and ride. The scooters are left anywhere the rider chooses. Representatives for the
company collect the scooters in the evening and charge them overnight. The scooters are placed
back into the community the next morning.
BACKGROUND AND DISCUSSION:
Bird Scooters were distributed throughout El Segundo during the third week of June 2018. This
action was taken unilaterally by the Bird Scooter Company without consultation with City of El
Segundo staff. Since this occurred, City staff have received numerous complaints related to the
operation and parking of these scooters. Additionally, because of the classification of these 12
167
vehicles as "motorized scooters" within the California Vehicle Code there are legal requirements
for usage (e.g. wear a helmet)that are not being met.
Through follow-up discussion with the Bird Scooter Company, they were allowed to temporarily
operate their scooters. During this time period they were going to gather analytics on the usage of
their scooters, in an effort to demonstrate a value of their product to the El Segundo community.
Simultaneously, City staff conducted a community wide survey to gauge the interest of the El
Segundo community members in this product.
The City Attorney's Office has raised concerns about the scooters being left on City sidewalks as
the Municipal Code prohibits such. The City Attorney's Office is concerned with liability to the
City arising from trip and fall accidents as well as impeding movement on City sidewalks in
violation of the Americans with Disabilities Act. The City requires encroachment permits for
similar types of activities which includes insurance and indemnity requirements.
CONCLUSION
Following the presentation, Council should give staff direction as to whether the Bird Scooter
Company and other similar business models how or if should be allowed to operate within the City
of El Segundo.
168
EL SEGUNDO CITY COUNCIL MEETING DATE: July 17, 2018
AGENDA STATEMENT AGENDA HEADING: New Business
AGENDA DESCRIPTION: Consideration and possible action to adopt a policy for City elected
and appointed officials regarding electronic communications related to City business.
(Fiscal Impact: $5,000 initial set-up fee and $5,000 annually)
RECOMMENDED COUNCIL ACTION:
1. Consideration and possible action to adopt a resolution, adopting the Elected Officials,
Committees, Commissions and Boards Electronic Communications Policy; and/or
2. Alternatively, discuss and take other possible action related to this item
ATTACHED SUPPORTING DOCUMENTS:
1. Resolution and Policy
FISCAL IMPACT: $10,000
Amount Budgeted: $10,000 ($5,000 set-up fee & $5,000 recurring yearly)
Additional Appropriation: N/A {
Account Number(s): 001 400 2505 6241 (Professional & Technical)
001 400 2505 6217 (Software Maintenance)
STRATEGIC PLAN:
Goal: 4B - El Segundo's technology supports effective, efficient, and proactive
operations.
Objective: (1.) The City has an integrated focus on Technology
PREPARED BY: City Attorney's Office
REVIEWED BY: Charles Mallory, Information Systems Direc
City Attorney's office
APPROVED BY: Greg Carpenter, City Manager
INTRODUCTION:
Staff is recommending that the City Council adopt the attached resolution,adopting a Committees,
Commissions and Boards Electronic Communications Policy. The policy would set the ground
rules for use of a City-issued electronic messaging account for CCB members' use. This item was
reviewed and approved by the Technology Committee in February 2018.
BACKGROUND AND DISCUSSION:
In 2017, the California Supreme Court ruled' that communications by city official and employees
that relate to city business, regardless of whether the communications are being transmitted on
personal or city owned devices and regardless of whether the communications are being
' City of San.Tose v. Superior Court, (2017) 2 Cal.5th 608.
169
transmitted on city or personal accounts, are public records. Emails and texts must be maintained
for a minimum of two years pursuant to Government Code Section 34090. These record retention
rules are applicable to all employees and City officials, including elected officials and members of
Committees, Commissions and Boards.
City emails and texts are requested by the public through Public Records Act requests, subpoenas,
and discovery in civil litigation. The City also needs to access these records from time to time for
purposes of reviewing personnel matters and potential litigation matters.
It is recommended that the City Council adopt the attached policy that all emails related to City
business only be transmitted through a City email address. This will require that all City officials
be provided an email address and such officials only use their City email address for City business.
The purpose of this policy is to ensure that emails will be on the City's server and it will make it
easier for the City staff to gather, review and respond to requests for emails as well as attempt to
protect the privacy of personal email accounts.
In order for this policy to work, officials would not be allowed to automatically forward their city
emails to another email address. Forwarding emails in this manner would negate the point of the
policy as then email exchanges would be moved away from the City's server. This would require
staff to seek the emails from the officials that are forwarding their emails. Additionally,the policy
should require that to the extent officials receive City related emails on personal email accounts,
that the emails be forwarded by the official from their private email account to their City email
account. It would also be advisable for officials to put an auto-reply on personal accounts that
directs people who are sending City business emails to use the official's City email address.
Staff recognizes that it will take some time and effort to get officials to migrate from personal
email to City email addresses. However, staff believes it is worth the effort in the long run so that
less time is spend searching for emails and it should reduce the possibility of a court ordering that
a person's electronic devices be mirrored and inspected. If there is a legal challenge to a City's
production of records and those involved sign a declaration that they have complied with the City's
policy,it would seem less likely that a court would order a further review of an individual's devices
and personal email addresses.
In February 2018, staff presented this item to the Technology Committee and the Technology
Committee provided input to staff.
CONCLUSION:
Staff realizes the implementation of the attached policy will result in City officials having to
undertake some additional steps to retain electronic communications in a manner that complies
with the law. However, given the City has a legal obligation to maintain such electronic
communications for two years, staff believes it is in the City's best interest to address the
requirement so as to be able to efficiently respond to requests for City records while minimizing
the need for City officials to search their devices for such records.
170
RESOLUTION NO.
A RESOLUTION ADOPTING AN ELECTED OFFICIALS, COMMITTEES,
COMMISSIONS AND BOARDS ELECTRONIC COMMUNICATIONS
POLICY.
The City Council of the City of EI Segundo does resolve as follows:
SECTION 1: Recitals:
A. Existing and emerging electronic communications technologies have
become an integral part of the ability of City officials and staff members to
efficiently and effectively conduct City business; such technology has the
potential to enhance communications with the public and provide a higher
level of service to City residents;
B. On March 2, 2017, the California Supreme Court decided the case City of
San Jose v. Superior Court, (2017) 2 Cal.5th 608, in which the court held
that a city official's electronic communications related to the conduct of
public business are public records under the California Public Records Act,
even if such communications are sent or received using a personal account
or personal device;
C. The City of EI Segundo regularly receives requests for City officials'
electronic communications by the public through Public Records Act
requests, subpoenas and discovery in civil litigation; in addition, the City
also needs to access officials' electronic communications from time to time
for purposes of reviewing personnel matters and potential litigation matters;
D. Currently, the City's appointed officials use private or non-City email
addresses to receive electronic communications from City staff relating to
City business;
E. This policy, if adopted by the City Council, would establish the City's
issuance of City email accounts to all City officials, including appointed
officials; the City officials must then use such City email accounts for City
business and refrain from using their private or non-City email accounts for
City business;
F. This policy, if adopted, also requires the retention of emails relating to City
business and other types of electronic communications relating to City
business, including social media postings and messages, for at least two
years;
G. On February 26, 2018, staff presented the concept of this policy to the City's
Technology Committee; the Committee provided input to staff and
recommended the policy be considered by the City Council.
Page 1 of 2
171
SECTION 2: Adoption. The City Council hereby adopts the "Elected Officials,
Committees, Commissions and Boards Electronic Communications Policy," attached as
Exhibit A and incorporated by this reference.
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 , 2018.
Drew Boyles, Mayor
ATTEST:
Tracy Weaver, City Clerk
APPROVED AS TO FORM:
Mark D. Hensley
City Attorney
Page 2 of 2
172
CITY OF EL SEGUNDO
ELECTED OFFICIALS, COMMITTEES, COMMISSIONS AND
BOARDS ELECTRONIC COMMUNICATIONS POLICY
(adopted by City Council on )
Background and Puroose
The following policy relates to the conduct of City of EI Segundo business by City officials
via electronic communications. Specifically, this policy is adopted in light of City of Son Jose v.
Superior Court (2017) 2 Cal.Sth 608, a California case which held that a city official's
communications related to the conduct of public business are public records under the
California Public Records Act, even if such communications are sent or received using a
personal account or personal device.
City emails and other electronic communications are also requested by the public
through Public Records Act requests, subpoenas, discovery in civil litigation. The City also needs
to access these records from time to time for purposes of reviewing personnel matters and
potential litigation matters ("City purposes").
Existing and emerging electronic communications technologies have become an integral
part of the ability of City officials and staff members to efficiently and effectively conduct City
business. Such technology has the potential to enhance communications with the public and
provide a higher level of service to City residents. With such technology in the work
environment, however, the City must ensure it continues to meet its legal obligations with
respect to transparency in the conduct of the people's business, including in the area of public
records disclosure and retention requirements.
Definitions
For purposes of this policy, the following definitions apply:
A. "City official" means any elected official, or any appointed member of a City
Commission, Committee, Board, Subcommittee, Task Force, or other City body
created by one of these types of City bodies.
B. "City business" means information relating to the conduct of the public's business
or communications concerning matters within the subject matter of the City's
jurisdiction and the City official, as applicable, including, but not limited to, pending
or potential City projects or activities, and past or future City Council, Commission,
Committee or Board agenda items.
C. "City email account" means an electronic mail account that is owned, created and
issued to the City official by the City.
1
173
D. "Electronic communications" means any and all electronic transmission, including
without limitation e-mails, texts, voicemails, social media communications on or
within commercial applications (apps) such as Facebook Messenger and Twitter, or
social media postings on websites such as Facebook.
Policv/Protocols
1. All City officials will be assigned a City email account.
2. Once a City official has been assigned a City email account, all emails relating to City
business must be sent or received on a City email account, and no emails relating to
City business may be sent or received on a personal, non-City email account. City
officials must not use personal email accounts for the creation, transmission or
storage of emails regarding City business. City officials must not have emails sent to
the City email account automatically forwarded to another email account.
3. The City email account, along with the attendant access to the City's account server,
are solely for the City and City official's use to conduct City business and must not be
used for personal business or political activities.
4. If a City official sends an email from or receives an email regarding City business on
the official's personal, non-City electronic messaging account, or circumstances
require such person to conduct City business on a non-City account, the City official
must either: (a) copy ("cc") any communication from a City official's personal email
account to the City official's City email account; or (b) forward the email to the City
official's City email account.
5. City officials must ask persons sending emails regarding City business to a personal
account to instead utilize the City official's City email account, and likewise must ask
a person sending an email regarding non-City business to use the City official's
personal or non-City email account. This requirement may be satisfied by having an
auto-reply message set up on a personal email account or including this request in a
standard tag line that is automatically attached to the beginning or end of a personal
email account of a City Official. It is also recommended that the message inform the
reader that the communications may be subject to public disclosure.
6. City officials understand they have no expectation of privacy in the content of any
electronic communication relating to City business or an email sent or received using
a City email account. All electronic communications relating to City business and
City email accounts are subject to City review and public disclosure. City officials
understand and acknowledge that electronic communications regarding City
business may be subject to disclosure via the Public Records Act a subpoena, or for
the other City purposes identified in the Background and Purpose section above,
even if created, sent, received, or stored on a personal, non-City account or personal
device.
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7. In the event a Public Records Act request or subpoena is received by the City seeking
electronic communications of City officials related to City business or using a City
email account, or the records are needed for City purposes, the City Clerk's office
and/or City Attorney's office will work with the Information Systems Department
personnel to conduct a search of the City official's City email account.
8. If a City official has conducted any City business on a personal electronics
communications account which is the subject of a Public Records Act request,
subpoena, or is needed for City purposes, it will be the duty of each City official
receiving such a request from the City Clerk or City Attorney to promptly conduct a
good faith and diligent search of the official's personal electronic messaging
accounts and devices for responsive electronic communications. The City official
must then promptly, and in no event beyond ten days of the request from the City
Clerk or City Attorney, provide any responsive electronic communications either as a
print out or electronic copy (for example, as a "screen shot") to the City Clerk or City
Attorney, providing sufficient time to enable the City Clerk to adequately review and
provide the disclosable electronic communications or to otherwise review the
electronic communications for City purposes.
9. City officials acknowledge and understand that electronic communications regarding
City business are subject to the City's records retention policy, even if those
electronic communications are or were created, sent, received or stored on a City
official's personal account or device. City officials agree to keep all electronic
communications relating to City business that are sent from or received by a
personal electronics communications account for two years. In some instances, such
as litigation involving the City, a City official may be notified by the City Attorney that
the communications are required to be maintained for a longer period of time and
the City official is obligated to maintain the communications until such time as the
City determines the communications may be deleted. It is the City official's duty to
ensure that personal electronic communications that may be relatively more difficult
to maintain (for example, social media postings on another person's social media
account) are maintained. City officials agree that they will take no action to attempt
to delete emails sent from or received by the City email account. It is a felony
offense to destroy, alter or falsify a public record.
10. Failure of a City official to abide by this policy, following its adoption, may result in
criminal or civil penalties and/or removal from office if the City official is an
appointed member of a Committee, Commission, Board or similar body.
11. All City officials are required to acknowledge receipt of this policy and their
acceptance of its terms.
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EL SEGUNDO CITY COUNCIL MEETING DATE: July 17,2018
AGENDA STATEMENT AGENDA HEADING: New Business (Boyles)
AGENDA DESCRIPTION:
Consideration and possible action to send a letter of support of the South Bay Cities Council of
Governments' (SBCCOG)to Metro for their planned modifications to Green Line service(Fiscal Impact:
None)
RECOMMENDED COUNCIL ACTION:
1. Discuss whether or not the City Council should send a letter of support of the SBCCOG's opposition
to Metro for their planned modifications to Green Line service; or,
2. Alternatively, discuss and take other possible action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
SBCCOG Letter to Metro
FISCAL IMPACT: No
Amount Budgeted: $0
Additional Appropriation: N/A
Account Number(s): N/A
STRATEGIC PLAN:
Goal: N/A
Objective: N/A
ORIGINATED BY: Ken Berkman, Director of Public Works
REVIEWED BY: Greg Carpenter, City Manager
APPROVED BY: Greg Carpenter,C4 Maoagerb
BACKGROUND AND DISCUSSION:
Mayor Boyles has requested the City Council consider sending a letter of support of the SBCCOG's
opposition to Metro for their planned modifications to Green Line service.
On June 28"the Metro staff presented to its Board a receive and file report on the Crenshaw/LAX—Green
Line operating plan. This plan included a change of operations to the Green Line that would implement a
separate rail shuttle service between Redondo Beach and LAX and cease direct Green Line service between
Norwalk and Redondo Beach. Additionally, all South Bay riders will need to transfer at Century/Aviation
station to continue north on the Crenshaw/LAX line to its terminus at the Expo Line and to continue east
on the Green Line to get to Norwalk. These actions will add nine minutes to all Green Line trips between
Redondo Beach and Norwalk and three minutes to all trips between Redondo Beach and Exposition.
This is not the seamless light rail service and connectivity that was expected to be provided upon opening
of the Crenshaw/LAX line,and will negatively impact our commuters' travel times.
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20285 S.Western Ave.,#100
Torrance, CA 90501
(310)371-7222
SOUTH BAY CITIES sb ccoo Oso u t hba vc i ties.o ra
COUNCIL OF GOVERNMENTS www.southbaycities.org
June 25, 2018
Board of Directors
Los Angeles County Metropolitan Transportation Authority
One Gateway Plaza
Los Angeles, Ca. 90012
Attention: Michele Jackson, Board Secretary
RE: PROPOSED CRENSHAW/LAX—GREEN LINE INTERFACE OPERATING
PLAN
Dear L. A. Metro Board Members:
The purpose of this letter is to request that you table the Crenshaw/LAX—Green Line operating
plan which is on the June 28 Board agenda as a receive and file item.
The South Bay Cities Council of Governments' leadership has been instrumental in developing
the L. A. County rail transit network since its inception in 1983. We have diligently supported
regional planning that has developed an integrated network of lines with fully functional rail
junctions. The Green Line has provided a one-seat ride between Norwalk and the El Segundo
Employment Area since it was opened in August 1995.
We have patiently waited 23 years so far for the Green Line extension to Torrance to be completed
and were excited to learn earlier this year that the extension will now be completed in time for the
2028 Olympics. Our leadership has also actively advocated for and participated in development of
the Crenshaw/LAX line, the LAX APM Connector and the new NFL stadium and NBA arena in
the Inglewood Entertainment District.
During these protracted development processes, the SBCCOG has expected that our riders would
be attracted to the new rail operational segments with a one-seat ride between the South Bay and
Norwalk on the Green Line and between the South Bay and the Exposition Line on the
Crenshaw/LAX line. We have monitored the process meticulously to ensure that the rail system
was designed and constructed with a full wye at the Aviation/Imperial junction of the
Crenshaw/LAX line and the Green Line to allow riders on each of the three segments (Green Line
East,Green Line South and Crenshaw/LAX lines)to have equal access to the regional rail system.
We even invited the Metro staff to present the operating plans to our Transportation Committee at
its meeting in May 2018.
Last week we learned for the first time in a receive and file Metro Board item that Metro staff
plans to operate the South Bay rail segment as a rail shuttle service between Redondo Beach and
LOCAL GOVERNMENTS IN ACTION
Carson EI Segundo Gardena Hawthorne Hermosa Beach Inglewood Lawndale Lomita
Manhattan Beach Palos Verdes Estates Rancho Palos Verdes Redondo Beach Rolling Hills
Rolling Hills Estates Torrance Los Angeles District#15 Los Angeles County
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LAX and to cease direct Green Line service between Norwalk and Redondo Beach. We understand
the operating plan has the following elements:
1. Operate the Green Line and Crenshaw Line as a continuous one-seat ride between
Norwalk and Exposition
2. Eliminate direct service operation of the Green Line South west of the
Aviation/Imperial Station.
3. Create a new Rail Shuttle Line segment between the Crenshaw/LAX station at
Century- Aviation and the former Green Line Redondo Beach station.
4. All current South Bay riders will need to transfer at Century/Aviation for either the
Crenshaw/LAX line to Exposition or the Green Line east to Norwalk.
This proposed operating plan is inconsistent with all prior rail transit system planning since the
initial L.A. County Rail Transit Implementation Strategy was adopted in the mid-1980s. The Rail
Shuttle concept is a completely unacceptable operating plan that disrespectfully disregards the
billions of dollars spent on the L. A. County rail network. Metro staff's new rail shuttle concept
which constitutes a significant diminution of the existing service has not been applied to any other
segment of the L. A. County rail system. We also do not believe the concept has been included in
any environmental document during the past two decades.
Metro staff apparently believes the Rail Shuttle is needed in order to provide 6-minute service
between Exposition and Norwalk. Staff apparently made its administrative decision based on the
complexity of providing six-minute service through the Aviation / Imperial junction of the three
rail segments that will serve Exposition,Norwalk and Redondo Beach.
Staff noted during the June 21St Metro System Safety, Security and Operations Committee meeting
that rail operating plans change as ridership warrants and implied that operating plans could change
"within weeks" if there are significant ridership changes with the opening of new destinations or
connections(e. g.:the Inglewood Stadium in 2020,the LAX connector in 2023 and the Green Line
extension south to Torrance in 2028).
In order to provide 6-minute peak-hour service between Norwalk and Exposition their proposed
new Rail Shuttle transfer adds nine minutes to every teak and non-veak Green Line trip between
Redondo Beach and Norwalk and three minutes for all trips between Redondo Beach and
Exposition. Despite this 24-7 impact, Metro staff believes this delay to current Green Line riders
and future Crenshaw/LAX riders is acceptable and within its administrative authority.
The introduction of a Rail Shuttle and degradation of Green Line rail service is magnitudes
different than adjusting headways through the junction.The junction was environmentally cleared,
designed and constructed to allow seamless travel between all three branches.
This new staff operating plan was never considered during the past 23 years of planning and was
never assumed during the billions of dollars invested in the Green Line and Crenshaw / LAX
projects. As a result,the SBCCOG believes that the Rail Shuttle concept that changes the expected
seamless operating plan so significantly may require supplemental CEQA or NEPA environmental
documentation process with appropriate consideration of alternate operating plans.
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Because the SBCCOG first learned of the Metro operating plan on June 21St, we will not be able
to present this issue to our Board prior to the June 28th Metro Board meeting at which the receive
and file staff operating plan is agendized.
We would strongly encourage the Metro Board to defer consideration of the receive and file board
item at its June 28th meeting and to work with the SBCCOG, other Responsible Agencies, and the
community to more fully evaluate the Crenshaw/ LAX —Green Line operating plan options and
seek to restore the seamless service that has been long expected and planned for.
We believe the changes are so significant that the Metro Board must be fully involved, understand
and create a Rail Shuttle Policy and explore other operating plan options. We look forward to
working with Metro Board Members and staff to achieve first class service for all segments of the
new lines that will be opening without delaying opening of the much-needed Crenshaw/LAX line
by Fall 2019.
Sincerely,
Kurt Weideman, Chair
South Bay Cities Council of Governments
c.c.: Metro Board Members/Alternates
SBCCOG Board Members
Phillip Washington, Metro CEO
Jacki Bacharach, SBCCOG Executive Director
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