2019 Oct 01 - CC PACKETAGENDA
EL SEOUNDO CITY COUNCIL
WEST CONFERENCE ROOM -
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, OCTOBER 1, 2019 — 4:00 PM
CALL TO ORDER
ROLL CALL
PUBLIC COMMUNICATION — (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.
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 CITY'S LABOR NEGOTIATOR (gov't Code §54957.6)
1. Police Management Association (PMA)
Agency Designation Representative: Irma Moisa Rodriquez, City Manager, Scott
Mitnick and Human Resources Director, David Serrano
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AGENDA
EL SEOUNDO CITY COUNCIL
COUNCIL CHAMBER -
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.
PLEASE NOTE:
The Public Hearing for The Lakes Specific Plan and Top Golf facility project that was
noticed for the October 1, 2019 City Council Meeting has been
re -noticed for the October 15, 2019 City Council Meeting
REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, OCTOBER 1, 2019 - 6:00 P.M.
CALL TO ORDER
INVOCATION — Pastor Rob McKenna, The Bridge Church
PLEDGE OF ALLEGIANCE — Council Member Brann
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SPECIAL PRESENTATIONS
a) Proclamation — Active Aging Week — Recognizing Carol Hahn
b) Presentation - National Cyber Security Month
C) Recognition — Event Sponsor Recognition 2019
d) Proclamation — Fire Prevention Week
f) Introduction — New Police Officers
ROLL CALL
PUBLIC COMMUNICATIONS — (Related to City Business Only, — 5 minute limit per
person, 30 minute limit total) Individuals who have received value of $50 or more to communicate
to the City Council on behalf of another, and employees speaking on behalf of their employer, must so
identify themselves prior to addressing the City Council. Failure to do so shall be a misdemeanor and
punishable by a fine of $250. While all comments are welcome, the Brown Act does not allow Council to
take action on any item not on the agenda. The Council will respond to comments after Public
Communications is closed.
CITY MANAGER COMMENTS — (Related to Public Communications)
A. APPROVAL OF AGENDA ORDER AND WAIVER OF FULL READING OF
ORDINANCES AND RESOLUTIONS
This is the time for City Council to: a) make changes to the agenda; b) remove items
from the consent calendar for individual consideration; or (c) rearrange the order of
the agenda.
MOTION TO APPROVE AGENDA ORDER AND WAIVE FULL READING
B. CONSENT CALENDAR
1. Approve Regular City Council Meeting Minutes of September 17, 2019.
2. Approve Warrant Numbers 3027872 through 3028006 on Register No. 25a in the
total amount of $866,131.23 and Wire Transfers from 9/16/19 through 9/22/19 in
the total amount of $358,694.19.
3. Authorize City Manager to execute a Supplemental Law Enforcement Jail
Services Agreement with the City of Hawthorne.
4. Accept as complete the FY18/19 Pavement Rehabilitation Project. Project No.
PW 19-01.
5. Adopt resolutions approving and authorizing changes to the City's medical
premiums to CalPERS for policy year 2020 for EI Segundo Supervisory and
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Professional Employees' Association, EI Segundo Police Officers' Association, EI
Segundo Fire Fighters' Association and EI Segundo Police Support Services
Employees' Association, as outlined in the MOU's for each bargaining unit.
6. Approve ongoing professional service agreements and blanket purchase orders
for FY 2019/2020 in excess of $50,000, waive formal bidding process and
authorize continued purchase of various goods and services as described below.
1. Authorize the City Manager to execute an amendment to Agreement No.
5272 with 9th Wonder LA, LLC dba The Phelps Group for the City's
economic development and hospitality and tourism marketing services, in
a form approved by the City Attorney to (1) extend the term of the
agreement to September 30, 2020; (2) authorize payment for services up
to $500,000 [General Fund ($300,000) and Chevron Grant Fund
($200,000) held in the Fiduciary Fund]
2. Authorize the City Manager to extend ongoing service agreements with J.
Lee Engineering, JAS Pacific, and CSG Consultants to provide plan
check, counter staffing, inspection services and interim Building Manager
for the Building & Safety Division in the amount not to exceed a combined
total of $360,000 in FY 2019/2020 (General Fund).
3. Authorize staff to continue to purchase gasoline and diesel fuel for City
vehicles and equipment through the use of spot market purchasing in an
amount not to exceed $315,000 in FY 2019/2020 (General Fund =
$250,000; Asset Forfeiture Fund = $13,000; Prop "A" Fund = $30,000;
Water Enterprise Fund = $9,000; Wastewater (sewer) Enterprise Fund =
$13,000).
4. Authorize the City Manager to extend the ongoing professional service
Agreement No. 4269 with Aerotek Professional Services for providing
temporary staffing service for the Public Works Department not to exceed
$200,000 in FY 2019/2020 (General Fund).
5. Authorize the EI Segundo Fire Department to waive the bidding process
for SBRPCA (South Bay Regional Public Communications Authority)
per EI Segundo Municipal Code §1-7-10 to complete the existing
purchases and make future purchases public safety mobile radios,
portable radios, and accessories, and authorize issuance of a blanket
purchase order to SBRPCA for mobile radios, portable radios, and
accessories not to exceed $150,000 in FY 2019-2020 (Equipment
Replacement Fund- Fire).
6. Authorize the City Manager to amend the contract with All Cities
Management Services, Inc. for ongoing services to provide crossing
guard services for the EI Segundo School District not to exceed $114,646
in FY 2019/2020 (General Fund).
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7. Authorize the issuance of a blanket purchase order to Hinderliter De
^ Llamas & Associates (Agreement No. 3313) to provide professional
services related to sales and use taxes collected by City for an amount not
to exceed $100,000 in FY 2019/2020 (General Fund)
8. Authorize the issuance of a blanket purchase order to Metron Farnier in
an amount not to exceed $100,000 in total for the purchase of single jet
Automated Meter Recording (AMR) water meters for the City's water
system in FY 2019/2020 (Water Enterprise Fund).
9. Authorize the issuance of a blanket purchase order to Lane Donovan
Partners, LLC (Agreement No. 3399) to provide management services for
The Lakes Golf Course for an amount not to exceed $96,000 in FY
2019/2020 (Golf Course Enterprise Fund).
10.Authorize the City Manager to execute an amendment to Agreement No.
4095 with High Point Strategies, LLC for City's advisors and advocate
regarding issues relating to LAWA, LAX, FAA, MTA and other Los
Angeles agencies, (1) extend the term of the agreement to September 30,
2020; (2) authorize payment for services up to $81,000 (General Fund).
11. Authorize the City Manager to issue a blanket purchase order to Baker &
Taylor Information Services for supplying books and other library
materials for not to exceed amount of $74,500 in FY 2019/2020 (General
Fund).
12. Authorize the City Manager to amend Contract No. 3957 with Galls LLC
for purchasing uniforms and equipment for the Police Department, not to
exceed $60,000 in FY 2019/2020 (General Fund). Galls, LLC is the only
physical location that provides in-house, appointment tailoring, embroidery
and distribution of equipment in the State of California
13. Authorize the issuance of a blanket purchase order to Tyler
Technologies/Eden Financial Management Systems for annual
software licensing, maintenance, and support not to exceed $56,000 in FY
2019-2020 (General Fund).
14. Ratify an existing amendment to Contract No. 4223 with Professional
Account Mgmt, LLC (Duncan Solutions Company) for providing
professional parking citation processing and collection services, via
citation management for the Police Department, not to exceed $55,000 in
each FY until May 31, 2021 (General Fund).
15.Authorize the City Manager to issue a blanket purchase order to
Innovative Interfaces, Inc. for ongoing library catalog database
subscription charges not to exceed the amount of $52,000 in FY
2019/2020 (General Fund).
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C. PUBLIC HEARINGS
7. Conduct a Public Hearing establishing an annual permit fee for
Commercial/Multi-Family Solid Waste Collection and Transportation Services
and an annual permit fee for Residential Self -Hauling of Solid Waste.
D. STAFF PRESENTATIONS
8. First reading and introduction of an ordinance regulating sidewalk vendors in
accordance with state law.
E. REPORTS OF COMMITTEES, COMMISSIONS AND BOARDS
F. REPORTS — CITY CLERK
G. REPORTS —CITY TREASURER
H. REPORTS — COUNCILMEMBERS
Councilmember Pimentel —
Councilmember Nicol —
Councilmember Brann —
Mayor Pro Tem Pirsztuk —
Mayor Boyles —
I. REPORTS — CITY ATTORNEY
J. REPORTS/FOLLOW-UP — CITY MANAGER
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.
CLOSED SESSION
The City Council may move into a closed session pursuant to applicable law, including the Brown Act
(Government Code Section §54960, gt seq.) for the purposes of conferring with the City's Real Property
Negotiator, and/or conferring with the City Attorney on potential and/or existing litigation; and/or
discussing matters covered under Government Code Section §54957 (Personnel); and/or conferring with
the City's Labor Negotiators.
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REPORT OF ACTION TAKEN IN CLOSED SESSION (if required)
ADJOURNMENT
POSTED:
DATE: September 26, 2019
TIME: 1pm
NAME: Mona F. Shilling
aininenbatton
WHEREAS, Carol Hahn has lived in EI Segundo for over 20 years and contributes greatly
to the well-being of the community by helping older adults increase their
strength, flexibility, balance, and quality of life. She is a Registered Nurse,
Certified Personal Trainer, Registered Yoga Teacher, and a Certified
Dementia Practitioner. She also plays clarinet in the EI Segundo Concert
Band and volunteers as a driver for the Meals -on -Wheels Home Delivered
Meals program; and
WHEREAS, Carol teaches many classes with the Recreation and Parks Department,
including water aerobics, balance/fall prevention, memory training, and
dementia. She also led monthly yoga and meditation classes in Library Park
this past year, and will offer a new monthly Chair Yoga and Meditation Class
at the EI Segundo Public Library beginning October 16, 2019; and
WHEREAS, Carol Hahn encouraged the City of EI Segundo to celebrate Active Aging
Week October 1 — October 7, 2019, and helped plan a series of related
community events, including a Historic Walking Tour, Transportation Forum,
and Community Bike Ride. We take great pleasure in recognizing Carol
Hahn and ask the community to join in honoring Carol by participating in
Active Aging Week.
NOW, THEREFORE,, on this 1St day of October, 2019, the Mayor and Members of the
City Council of the City of EI Segundo, California, hereby take great honor in commending
Carol Hahn for her many years of dedicated service to older adults and commend her for
making a significant difference in our community.
9W ayor Drew Boyres
91dayor Pro ?em CarofTirsztuk CounciC911em6er(Dr. (Don Brann
Councd9llem6er Chris TimenteC Councd9llem&rScot 9VicoC
Presentation
National Cyber Security Month
WE
Recognition
Event Sponsor Recognition 2019
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Irortamat ton UP of 411 bepnbo, California
WHEREAS, fire departments in the United States responded to an estimated 357,000 home fires in 2017,
according to the latest research from the National Fire Protection Association (NFPA); and
WHEREAS, home fires killed 2,630 people in the United States in 2017, according to the National Fire
Protection Association; and
WHEREAS, the fire death rate per 1000 home fires reported to U.S. fire departments was 4 percent higher
in 2017 than in 1980; and
WHEREAS, when the smoke alarm sounds, residents may have less than two minutes to escape to safety;
and
WHEREAS, residents who have planned and practiced a home fire escape plan are more prepared and will
therefore be more likely to survive a fire; and
WHEREAS, home fire escape plans should be developed by all members of the household and practiced
at least twice a year, during the day and at night to ensure everyone know what to do in a real
fire situation; and
WHEREAS, The El Segundo Fire Department, which is dedicated to the safety of life and property from
the devastating effects of fires and other emergencies, is joined by concerned citizens of our
community, as well as businesses, the school district, service clubs and other organizations,
in its fire safety efforts.
NOW, THEREFORE, the Mayor and Members of the City Council of the City of El Segundo, California,
do hereby proclaim the week of October 6 through October 12, 2019 as:
FIRE PREVENTION WEEK
FURTHER, the Mayor and Members of the City Council join Fire Chief Chris Donovan in inviting the El
Segundo community to observe Fire Prevention Week by practicing fire prevention and fire safety year-round
and heeding the message "Not Every Hero Wears a Cape. Plan and Practice Your Escape!Tm
`� �i � 0
s�:Gll
9dayor Drew Boyles
Mayor Bro tem Carol (Pirsztuk CouncilWem6er Dr. Don Brann
Councd5Wember Chris Timentel Counci(5Wem6erScot Nicol
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Introduction — New Police Officers
Officer Kristoffer Eszlinger
Officer Joe Camagong
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MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, SEPTEMBER 17, 2019 — 4:00 PM
CALL TO ORDER — Mayor Boyles at 5:04 PM due to a lack quorum at 4:00 PM.
ROLL CALL
Mayor Boyles -
Present
Mayor Pro Tem Pirsztuk -
Present
Council Member Brann -
Present
Council Member Pimentel -
Present
Council Member Nicol -
Present
PUBLIC COMMUNICATION — (Related to City Business Only — 5 minute limit per
person, 30 minute limit total) None
Tracy Weaver, City Clerk, explained to Council the new procedure under Section A of
the Agenda for the 6:00 PM meeting.
SPECIAL ORDER OF BUSINESS:
Mayor Boyles announced that Council would be meeting in closed session pursuant to
the items listed on the Agenda.
CLOSED SESSION:
The City Council may move into a closed session pursuant to applicable law, including
the Brown Act (Government Code Section §54960, et seq.) for the purposes of
conferring with the City's Real Property Negotiator; and/or conferring with the City
Attorney on potential and/or existing litigation; and/or discussing matters covered under
Government Code Section §54957 (Personnel), and/or conferring with the City's Labor
Negotiators; as follows:
CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Gov't Code
§54956.9(d)(1):
Sara Vares Augusto v. L.A. County Metropolitan Transit Authority et al.
(Los Angeles Superior Court Case No. BC 683243)
Adjourned at 5:55 PM
MINUTES OF THE REGULAR COUNCIL MEETING
SEPTEMBER 17, 2019
PAGE 1 OF 8
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REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, SEPTEMBER 17, 2019 - 6:00 P.M.
CALL TO ORDER — Mayor Boyles at 6:00 PM
INVOCATION — Father Alexei Smith, St. Andrew Russian Greek Catholic Church
PLEDGE OF ALLEGIANCE — Mayor Pro Tem Pirsztuk
SPECIAL PRESENTATIONS
a) Commendation read by Council Member Nicol and presented to Ms. Houghton,
honoring her 100th Birthday.
b) Recognition to the ES Little League and ES Softball Summer 2019 All-star
Teams by Meredith Petit, Recreation and Parks Director.
C) Recognition by Randy Collins, Emergency Manager Coordinator, Amiel Farnam,
Emergency Management Intern and Battalion Chief Lee to the Amateur Radio
Club.
d) Proclamation read by Mayor Pro Tem Pirsztuk proclaiming the "Fair on
Richmond." The event sponsored by Kiwanis Club is on Saturday, September 21,
2019.
f) Announcement by Barbara Voss, Deputy City Manager, regarding the LA Street
Festival September 20 — 21, 2019.
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)
Jack Axelrod, resident, commented on items of concern.
Michelle Keldorf, resident, commented on item #C14.
CITY MANAGER COMMENTS — (Related to Public Communications)
A. APPROVAL OF AGENDA ORDER AND WAIVER OF FULL READING OF
ORDINANCES AND RESOLUTIONS
MINUTES OF THE REGULAR COUNCIL MEETING
SEPTEMBER 17, 2019
PAGE 2OF8
15
This is the time for City Council to: a) make changes to the agenda; b) remove items
from the consent calendar for individual consideration; or (c) rearrange the order of the
agenda.
MOTION TO APPROVE AGENDA ORDER AND WAIVE FULL READING
MOTION by Mayor Pro Tem Pirsztuk, SECONDED by Council Member Nicol to pull
Consent Calendar items #7 and #11 for further review/clarification and read all
ordinances and resolutions on the Agenda by title only. MOTION PASSED BY
UNANIMOUS VOICE VOTE. 5/0
B. CONSENT CALENDAR
Approve Regular City Council Meeting Minutes of September 3, 2019.
2. Approve Warrant Numbers 3027523 through 3027610 and 9001070 through
9001070 on Register No. 23a in the total amount of $610,187.52 and Wire
Transfers from 8/19/19 through 8/25/19 in the total amount of $2,347,452.72.
Approve Warrant Numbers 3027611 through 3027704 and 9001070 through
9001070 on Register No. 23b in the total amount of $221,435.05 and Wire
Transfers from 8/26/19 through 9/1/19 in the total amount of $659,654.70.
Ratified Payroll and Employee Benefit checks; checks released early due to
contracts or agreement; emergency disbursements and/or adjustments; and wire
transfers.
3. Accept as complete the Holly Valley Playground Project, Project No. PW 18-33.
(Fiscal Impact: $127,593.50)
4. Accept as complete the Downtown Landscape Lighting Project, Project No. PW
18-24.
(Fiscal Impact: $159,977.25)
5. Authorize City Manager to sign a 3 -year (with an option to renew for two years)
Professional Services Agreement No. 5778, for financial auditing services with
White, Nelson, Diehl and Evans LLP (WNDE).
(Fiscal Impact: $59,770.00 in 2019/2020, $59,770.00 in 2020/2021 and
$61,033.00 in 2021/2022.
6. Waive second reading and adopt Ordinance No. 1590, amending EI Segundo
Municipal Code, and deleting residency requirement of the City Manager.
(Fiscal Impact: None)
7. PULLED BY COUNCIL MEMBER BRANN
8. Adopt Resolution No. 5164 approving an ICMA Retirement Corporation
Governmental Money Purchase Plan & Trust 401(a) program, appoint Director of
Finance as City's Plan Administrator and authorize Plan Administrator to
execute documents to implement the Program.
(Fiscal Impact: None)
MINUTES OF THE REGULAR COUNCIL MEETING
SEPTEMBER 17, 2019
PAGE 3OF8
16
9. Adopt Resolution No. 5165 adopting the September 2019 City of EI Segundo
Emergency Operations Plan.
(Fiscal Impact: None)
10. Adopt Resolution No. 5166 approving the Contract Amendment with California
Public Employees Retirement System ("CaIPERS") for Classic Safety and
Classic Miscellaneous Management -Confidential non -represented employees to
increase non -represented employee's contribution towards CaIPERS retirement
costs.
(Fiscal Impact: None)
11. PULLED BY COUNCIL MEMBER BRANN
MOTION by Mayor Pro Tem Pirsztuk, SECONDED by Council Member Nicol Consent
Agenda items 1, 2, 3, 4, 5, 6, 8, 9, and 10. MOTION PASSED BY UNANIMOUS VOICE
VOTE. 5/0
PULLED ITEMS:
7. Waive second reading and adopt an ordinance amending EI Segundo Municipal
Code to allow delegation of the City Manager's signature authority.
(Fiscal Impact: None)
Dr. Brann commented on the item and asked questions of Scott Mitnick, City Manager,
regarding the item.
Council discussion
MOTION by Mayor Boyles, SECONDED by Council Member Nicol to approve
Ordinance No. 1591. MOTION PASSED BY VOICE VOTE. 3/2 YES: Boyles Nicol
Pimentel NO: Brann Pirsztuk
11. Approve VSP employee vision plan insurance purchase through USI Brokerage
pool purchasing program and authorize City Manager (or designee) to sign VSP
vision services application/Agreement No. 5780.
(Fiscal Impact: Annual $54,600.00 in FY 2019-20 which is an increase of
$4,200.00 from prior year annual cost of $50,400.00)
Dr. Brann pulled the item to commend the Human Resources Department.
MOTION by Council Member Brann, SECONDED by Mayor Boyles to approve VSP
employee vision plan insurance and authorize City Manager (or designee) to sign VSP
vision services application/Agreement No. 5780. MOTION PASSED BY UNANIMOUS
VOICE VOTE. 5/0
MINUTES OF THE REGULAR COUNCIL MEETING
SEPTEMBER 17, 2019
PAGE 4OF8
17
C. PUBLIC HEARINGS
12. Continue public hearing regarding introduction of an Ordinance amending the EI
Segundo Municipal Code to establish a public art requirement or in -lieu fee
(otherwise known as a "Percent for Arts" fee) and a Cultural Development Fund.
Mayor Boyles stated this was the time and place to continue a Public Hearing regarding
introduction of an Ordinance amending the EI Segundo Municipal Code to establish a
public art requirement or in -lieu fee (otherwise known as a "Percent for Arts" fee) and a
Cultural Development Fund.
Public hearing to be continued to regular City Council of October 15, 2019.
13. Conduct a public hearing regarding the annual update to the Master Fee
Schedule and amend current fees and service charges and various other
amendments to City of EI Segundo Fee Schedule; this does not include water
rate fees, sewer rate fees and development impact fees. (Fiscal Impact: potential
additional revenue for FY 2019-20 of $130,000.00)
Mayor Boyles stated this was the time and place to conduct a Public Hearing regarding
the annual update to the Master Fee Schedule and amend current fees and service
charges and various other amendments to City of EI Segundo Fee Schedule; this does
not include water rate fees, sewer rate fees and development impact fees.
City Clerk Weaver stated that proper notice had been given in a timely manner and that
no written communication has been received in the City Clerk's office.
Joe Lillio, Finance Director and Juliana Demers, Revenue Manager, reported and
answered questions on the item.
Public Comments: None
MOTION by Council Member Brann, SECONDED by Council Member Nicol to close the
public hearing. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0
Mark Hensley, read by title only:
RESOLUTION NO. 5167
A RESOLUTION OF THE CITY OF EL SEGUNDO ESTABLISHING A SCHEDULE OF
FEES AND CHARGES FOR RECOVERING COST INCURRED FROM PROVIDING
VARIOUS CITY SERVICES.
MOTION by Council Member Brann, SECONDED by Mayor Boyles adopting Resolution
No. 5167, amending the Block Party and Special Event fees, these fees will not change
and will remain as is. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0
MINUTES OF THE REGULAR COUNCIL MEETING
SEPTEMBER 17, 2019
PAGE 5OF8
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14. Adopt a Resolution approving the proposed FY 2019-2020 Operating
Budget, Capital Improvement Program Budget, Gann Appropriations Limit,
General Fund Reserve Policy, and Economic Uncertainty Reserve Policy.
Mayor Boyles stated this was the time and place to conduct a Public Hearing regarding
approving the proposed FY 2019-2020 Operating Budget, Capital Improvement
Program Budget, Gann Appropriations Limit, General Fund Reserve Policy and
Economic Uncertainty Reserve Policy.
City Clerk Weaver stated that proper notice had been given in a timely manner and that
written communication had been received in the City Clerk's office.
Joe Lillio, Finance Director, gave a presentation and answered questions.
Ken Berkman, Public Works Director, answered Council questions.
Council Discussion on CIP
Council consensus to withdraw the Acacia Park and Pool project and move forward with
the Recreation and Parks Commission recommendation (removing the pool and
restrooms and upgrading the park only). This recommendation will free up
$1,000,000.00, Council was in consensus to use the funds for the Plunge renovation.
Council consensus to approve the upgrade/replacement of windows at City Hall.
Scott Mitnick, City Manager and Joe Lillio, Finance Manager, answered Council
questions regarding the requested City Hall Security measures.
Public Comments: None
MOTION by Mayor Pro Tem Pirsztuk, SECONDED by Council Member Nicol to close
the public hearing. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0
Council Discussion
Mark Hensley, read by title only:
RESOLUTION NO. 5168
A RESOLUTION ADOPTING THE 2019-2020 FINAL OPERATING AND CAPITAL
IMPROVEMENT BUDGET AND THE 2019-2020 APPROPRIATIONS LIMIT FOR THE
CITY OF EL SEGUNDO.
MOTION by Mayor Pro Tem Pirsztuk, SECONDED by Council Member Nicol adopting
Resolution No. 5168. MOTION PASSED BY VOICE VOTE. 3/2 YES: Boyles Nicol
Pirsztuk NO: Brann Pimentel
MINUTES OF THE REGULAR COUNCIL MEETING
SEPTEMBER 17, 2019
PAGE 6 OF 8
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MOTION by Council Member Nicol, SECONDED by Council Member Pimentel to
approve the General Fund Reserve Policy. MOTION PASSED BY VOICE VOTE. 4/1
YES: Boyles Nicol Pimentel Pirsztuk NO: Brann
MOTION by Mayor Pro Tem Pirsztuk, SECONDED by Council Member Nicol to approve
Economic Uncertainty Reserve Policy. MOTION PASSED BY UNANIMOUS VOICE
VOTE. 5/0
D. STAFF PRESENTATIONS - None
E. REPORTS OF COMMITTEES, COMMISSIONS AND BOARDS - None
F. REPORTS — CITY CLERK — Stated the Clerk's Office is finalizing Community
Outreach meeting dates and times for the March 2020 elections in regards to Los
Angeles County now running our Municipal Elections and a new LA County
voting system. Announced Mona Shilling, Deputy City Clerk, will be at the
October 1, 2019 meeting.
G. REPORTS — CITY TREASURER — Not Present
H. REPORTS — COUNCILMEMBERS
Councilmember Pimentel — Passed
Councilmember Nicol — Invited the Community to attend the Hyperion Plant
quarterly meetings, held at the Friends of Library Room, EI Segundo Public
Library, the meeting was established for the residents to attend and have their
voice heard regarding the plant. The next meeting is scheduled for December 4,
2019 at 6:30 PM. Mr. Nicol commended the Fire Department on their recent
Pancake Breakfast held at the Fire Station.
Councilmember Brann — Commented on a Daily Breeze article, which highlights
historical items, was regarding the development of EI Segundo's Recreation
and Parks Department, and stated the article was interesting. Announced
longtime resident, John Gutt, had passed away and asked all to keep the family
in your prayers.
Mayor Pro Tem Pirsztuk — Passed
Mayor Boyles — Announced the LA Kings will partner with USC's Keck Medical
Center and Myers Sports Institute. The LA Kings will host EI Segundo's
Champions of Business on the ice! Attended a SCAG transportation meeting and
mentioned LAX annual passenger pass through will be 127 million by 2045.
Commented on the newly formed Smokey Hollow Breakfast Club that was held
last week and attended by approximately 30 businesses. Attended the
EI Segundo Children's Hospital Auxiliary event and attended the Next Trucking
Open House.
MINUTES OF THE REGULAR COUNCIL MEETING
SEPTEMBER 17, 2019
PAGE 7 OF 8
WE
REPORTS — CITY ATTORNEY — Gave an update on housing bills that will affect
EI Segundo, there were four (4) bills that will directly affect the city, processing
ADU's will go from 120 days to 60 days, lot size can no longer be considered
regarding placement of an ADU, two (2) ADU's are now allowed (regular ADU's
and Junior ADU's on a property and garage conversions are now allowed. This is
a brief summary of the bills that passed. Mr. Hensley expressed his concerns on
how the bills will affect the City and the ability of the City to execute the bills.
K. REPORTS/FOLLOW-UP — CITY MANAGER - Mentioned staff will follow-up on
the age of the vault covers mentioned during the budget discussion. Invited the
community to check out website for upcoming events in the city and let Council
know of upcoming items for future agendas.
PUBLIC COMMUNICATIONS — (Related to City Business Only — 5 minute limit per
person, 30 minute limit total) None
ADJOURNMENT at 8:39 PM in Memory of John Gutt.
Tracy Weaver, City Clerk
MINUTES OF THE REGULAR COUNCIL MEETING
SEPTEMBER 17, 2019
PAGE 8 OF 8
21
N
N
CRY OF EL SEGUNDO
WARRANTS TOTALS BY FUND
3027672 - 302SOM
001
GENERAL FUND
496,651.98
184
TRAFFIC SAFETY FUND
Manager. Such 83: payments for utility servicas, petty cash and employee usival expanse
106
STATE GAS TAX FUND
1,781.00
106
ASSOCIATED RECREATION ACTMTIES FUND
'
109
ASSET FORFEITURE FUND
4.983.75
110
MEASURER
-
III
COMM REVEL. BLOCK GRANT
DATE:
t2
PROP 'A7 TRANSPORTATION
1.035.00
114
PROP'C-TRANSPORTATION
'
115
AIR QUALITY INVESTMENT PROGRAM
116
HOME SOUND INSTALLATION FUND
'
117
HYPERION MITIGATION FUND
-
lie
TDA ARTICLE 3- 96021 BIKEWAY FUND
-
119
MTA GRANT
-
121
FEMA
120
C.O.P.S. FUND
'
122
LA W.A. FUND
-
123
PSAF PROPERTY TAX PUBLIC SAFETY
124
FEDERAL GRANT$
-
125
STATE GRANT
-
126
AVP CUPA PROGRAM OVERSK>HT SURCHARGE
42.47
120
CERTIFIED ACCESS SPECIALIST PROGRAMS
'
202
ASSESSMENT DISTRICT 073
301
CAPITAL IMPROVEMENT FUND
-
392
INFRASTRUCTURE REPLACEMENT FUND
405
FACILITIES MAINTENANCE
-
S01
WATER UTILITY FUND
3,12078
502
WASTEWATER FUND
269,694 14
503
GOLF COURSE FUND
8,467.20
504
PARK VISTA
.
601
EQUIPMENT REPLACEMENT
22,086 88
602
LIABILITY INSURANCE
5.12600
603
WORKERS COUP. RESERVENNSURANCE
'
701
RETIREDEMP, INSURANCE
702
EXPENDABLE TRUST FUND DEVELOPER FEES
47.44x.07
703
EXPENDABLE TRUST FUND OTHER
3,49195
706
OUTSIDE SERVICES TRUST
TOTAL WARRANTS
S 866.131.23
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
Inforn alion an achial expendi(wes is available in the Director of Finance's office in the
City of EI Segurl10.
I carfily as to the accuracy of the Demands and the availability of fund for payment thereot.
For Approval: Regular checks held for Cily eounell authorizalim 10 release.
CODES:
R = Computer generated checks for a0 nonwmergencylurgency payments for materials, supplies and
services in support of City Operations
For Ratification:
A - Payroll and Employee Beriefn checks
DATE OF APPROVAL: A9 OF 1011/2019
VOID CHECHS DUE TO ALICNIEENT:
NTA
VOID CHECKS DUE TO INCORRECT CHECK DATE:
VOID CHECKS DUE TO COMPUTER SOFTWARE ERROR:
B - F =
Ccmpurar genoialed Early Release disburs4 menus andfer 4djuitmarde approved Iry rho Cdy
Manager. Such 83: payments for utility servicas, petty cash and employee usival expanse
NOTES
Ifl
r6.Wtsems nm, various refunds, WMraa1 amployaa services Consislenl wi ib curram cantraelual
agrermants, Inslances wraem Prompt paymam disuwnss can be Obtund of tale Peymam Penalfies
can be avaWed or when a situation aria ea that the City Man Iger approves,
H = Harrdwmim Early Re/lease dlsburrsemenls andfor adjustments approved by the City Manager,
FINANCE DIRECTOR �✓.h �A (f T CITY MANAGER
r!
1✓ ��•�C.) 1
DATE:
DATE:
r;I
Nj
REGISTER 0 25a
CITY OF EL SEGUNDO
PAYMENTS BY WIRE TRANSFER
9/16/19 THROUGH 9122/19
Date
Payee
DescrjDt1Pjj
9/1612019
Cal Pers
8,095.88
EFT Retirement Safety-Fire-PEPRA New 25020
9/16/2019
Cal Pers
14,291,31
EFT Retirement Safety-Police-PEPRA New 25021
911612019
Cal Pers
31,923.02
EFT Retirement Misc - PEPRA New 26013
9/16/2019
Cal Pers
51,380.19
EFT Retirement Misc - Classic 27
9/16/2019
Cal Pers
71,936.98
EFT Retirement Safety Police Classic - 1st Tier 28
9/16/2019
Cal Pers
52,508.51
EFT Retirement Safety Fire- Classic 30168
9/16/2019
Cal Pers
4,516.16
EFT Retirement fifty Police Classic -2nd Tier 30169
9/16/2019
Cal Pers
1,750.00
GASB 68 Reporting Services Fee
9/16/2019
Cal Pers
2,000.00
SSA 218 - Annual Fee, Social Security
9/16/2019
Cal Pers
200.00
Admin Fee - Late Payroll Reporting
9/18/2019
Cal Pers
17,822.00
Unfunded Acc'd Liab Payment -Fire PEPRA - 25020
9/18/2019
Cal Pers
27,009.00
Unfunded Acc'd Liab Payment -Police PEPRA - 25021
9/20/2019
Manufacturers & Traders
25,209.45
457 payment Vantagepoint
9/20/2019
Manufacturers & Traders
550.00
IRA payment Vantagepoint
9/20/2019
Nationwide NRS EFT
32,200.05
EFT 457 payment
9/9/19-9115119
Workers Comp Activity
16,107.62
SCRMA checks issued
9/9/19-9115119
Liability Trust - Claims
0.00
Claim checks issued
919119-9115/19
Retiree Health Insurance
0.00
Health Reimbursment checks issued
919119-9/15119
Flexible Spending Account
1,194.02
Employee Health and DCA card charges
DATE OF RATIFICATION: 9/23119
TOTAL PAYMENTS BY WIRE:
358,694.19
Certified as to the accuracy of the wire transfers by:
Deputy City Treasurer It Date
in nce
Manager
Date
ti -d C-�
Date
Information on actual expenditures is available in the City Treasurer's Office of the City of EI Segundo.
358,694.19
PACity TreasurerlWire TransferslCopy of Wire Transfers 10-01-18 to 9-30-19 9/2312019 111
23
EL SEGUNDO CITY COUNCIL
AGENDA STATEMENT
AGENDA DESCRIPTION:
MEETING DATE: October 1, 2019
AGENDA HEADING: Consent
Consideration and possible action to authorize the City Manager to execute a Supplemental Law
Enforcement Jail Services Agreement with the City of Hawthorne. (Fiscal Impact: $7,500
monthly)
RECOMMENDED COUNCIL ACTION:
1. Authorize the City Manager to excute a Supplemental Law Enforcement Jail Serices
Agreement with the City of Hawthorne.
2. Alternatively, discuss and take other possible action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
Supplemental Law Enforcement Jail Services Agreement between the City of El Segundo
and the City of Hawthorne
FISCAL IMPACT:
Amount Budgeted: $45,000 (from salary savings)
Additional Appropriation: 0
Account Number(s): 001-400-3101-4101
STRATEGIC PLAN:
Goal: (2) Support Community Safety & Preparedness
Objective: (3) El Segundo approaches safety in a financially responsible way
ORIGINATED BY: Hugo Perez, Lieutenant
REVIEWED BY: Bill Whalen, Chief of Police eqy�
APPROVED BY: Scott Mitnick, City Manager VWC4r Sym,
BACKGROUND AND DISCUSSION:
The El Segundo Police Department (ESPD) is currently authorized to run a Type 1 jail facility.
There are 4 different types of jail facilities in the State of California. A Type I jail facility is a
local detention facility used for the detention of persons for not more than 96 hours. The ESPD
jail is staffed by Police Service Officers (PSO) that have specific training authorizing them to work
in a jail facility. Current PSO staffing has limited the ability to completely staff the jail on the
weekends when most arrests and bookings occur. As a result we have resorted to utilizing either
the Manhattan Beach PD or Hawthorne PD jail as needed. These mutual aid bookings are
acceptable on a short term basis for sick calls, etc. but it's not meant to be used long term.
Because the time to recruit, background, and hire a PSO takes 6 months to 1 year; the police
department has a long term need to supplement staffing. We cannot meet this need with in house
A
24
resources. Therefore we seek to enter into a monthly agreement with the City of Hawthorne for
supplemental jail services. ESPD forecasts this agreement to be used for 6 months to 1 year at
which time we will reassess the costs and the status of program. This agreement with the City of
Hawthorne will allow ESPD to book and house their in -custody arrests at the Hawthorne City Jail
during weekend hours (Friday morning until Monday morning). ESPD will then be able to allocate
current jail personnel to fully staff the jail on weekdays. The City of El Segundo will compensate
the City of Hawthorne for the services performed in the amount of $7,500 per month. This price
was agreed upon using an average of 25 bookings per month at a cost of $300 per booking to
compensate for feeding of prisoners and personnel time. Funds to pay for this contract will come
from PSO salary savings and will not result in increase to PD budget. El Segundo Assistant City
Attorney David King has reviewed and approved the agreement.
Staff therefore recommends the City authorize the City Manager to execute the Supplemental Law
Enforcement Jail Services Agreement with the City of Hawthorne.
25
AGREEMENT BETWEEN
THE CITY OF HAWTHORNE AND THE CITY OF EL SEGUNDO
FOR SUPPLEMENTAL LAW ENFORCEMENT (JAIL) SERVICES
This Agreement is made this day of _ 2019, by and between the City of El
Segundo, California ("El Segundo") and the City of Hawthorne, California ("Hawthorne"), both
of which are California municipal corporations and general law cities (hereinafter referred to
individually as a "Party" and collectively as the "Parties").
RECITALS
A. Pursuant to Government Code sections 54981 and 54982, the legislative body of any
local agency (here, El Segundo) may contract with another local agency (here,
Hawthorne) for the performance of municipal services or functions, including law
enforcement services.
B. El Segundo operates a police department with limited personnel resources in the
position of Jailer. Like most law enforcement agencies, El Segundo experiences a
significant surge in arrests and bookings over the weekend. This increase is mainly
attributable to the typical "weekend" type calls and incidents (DUI's, Accidents
involving DUI suspects, loud music/ party calls).
C. During such a high surge of incidents over the weekend, El Segundo cannot meet the
burdens of jail staffing solely with in-house resources;
D. Therefore, El Segundo is desirous of contracting with Hawthorne for supplemental
jail services as described herein; and
E. Hawthorne is willing and able to render these supplemental jail/ custody services to
El Segundo pursuant to the terms and conditions set forth below.
NOW, THEREFORE, in consideration of the foregoing and of the covenants and conditions set
forth below, the Parties agree as follows:
1. Scope of Services.
1.1. Hawthorne agrees, through its police department, to allow El Segundo to book
and house El Segundo's in custody arrests at the Hawthorne City Jail during
weekend hours. For the purpose of this agreement, "weekend hours" start at 0500
hours on Friday and end on Monday at 0500 hours each week. If Hawthorne
requires additional staffing to properly maintain jail operations with the additional
El Segundo bookings, the classification and approximate number of personnel
provided by Hawthorne and the hours and descriptions of duties performed by
each Hawthorne employee shall be determined and mutually agreed upon by El
Segundo and Hawthorne prior to the continued provision of supplemental jail
services.
1
WT
1.2. Hawthorne shall furnish and supply all necessary labor, supervision, personnel,
equipment, communications, and meals for inmates, and supplies necessary to
provide the jail services to be rendered herein. Hawthorne will also provide access
to and a location for El Segundo detectives to interview any of El Segundo's
arrestees while in custody at the Hawthorne jail.
1.3. The services performed by Hawthorne, the discipline of Hawthorne employees,
and other matters incident to Hawthorne's performance of supplemental law
enforcement (jail) services, including the control of its employees, shall remain
with Hawthorne and shall be performed pursuant to Hawthorne's police
department's policies and procedures.
1.4. Under no circumstances shall Hawthorne's inability or failure to provide jail
services because of an emergency, disaster, or other major incident constitute a
breach of this Agreement.
1.5. In consideration of the above, El Segundo agrees to do the following:
1.5.1. Make available to Hawthorne any currently existing documents, data, or
information required for the performance of the services.
1.5.2. Designate a representative authorized to act on behalf of El Segundo with
respect to Hawthorne's jail operations.
1.5.3. Promptly examine and render findings on all documents submitted by
Hawthorne for staff review by El Segundo.
1.5.4. El Segundo will drop off its inmates Friday morning at approximately
0500 hours and pick them up on Monday morning at 0500 hours, except
for the inmates that will go to court Monday morning. El Segundo inmates
with Monday court appearances will be transported to court by Hawthorne
as part of its court run.
1.5.5. El Segundo will utilize its Vital Medical contract for medical clearances
for inmates who are or will be housed at the Hawthorne City Jail. If
Hawthorne jail personnel determine that non -emergency medical services
are needed for an El Segundo inmate, Hawthorne will immediately notify
El Segundo staff of the need for non -emergency medical services. In the
event that an inmate requires emergency medical services requiring
immediate transport, Hawthorne personnel will take necessary steps to
assure that emergency medical treatment and transport is provided. El
Segundo will immediately respond to the medical facility where the El
Segundo inmate is transported to provide police services while the inmate
is hospitalized. El Segundo will be responsible for the cost of medical
treatment of El Segundo inmates.
2
27
1.5.6. El Segundo patrol officers will respond to the Hawthorne City Jail for any
transportation needs of El Segundo's inmates (such as non -emergency
medical needs, IRC, CRDF, Eastlake, etc.).
1.5.7. El Segundo will take and house all bulk property belonging to El Segundo
arrestees/inmates at the El Segundo police station. If contraband is found
during the prisoner search, it is El Segundo's responsibility to retrieve and
preserve those item(s) found.
1.5.8. El Segundo will handle all arrangements for bail bonds of El Segundo
arrestees and other requests related to El Segundo arrestees at the El
Segundo police station.
1.5.9. El Segundo will handle all records management related to El Segundo's
inmates/ arrestees.
1.5.10. El Segundo will assess the legality of all arrests prior to bringing them to
Hawthorne. It will be assumed, and Hawthorne, will rely upon El
Segundo's decision, that the arrests have met the legal requirements to be
arrested and housed. El Segundo will defend and indemnify Hawthorne
against claims of false arrest and/or false imprisonment of El Segundo
arrestees as set forth more fully in paragraph 11 below.
1.5.11. El Segundo will be responsible to complete all Probable Cause
Declarations (PCDs) and other reports at the El Segundo police station.
1.5.12. El Segundo will immediately notify a Hawthorne Watch Commander
should a PCD be rejected or for any other reason that an inmate should be
released.
1.5.13. El Segundo will complete a Hawthorne pre -booking form as well as a
medical screening form for all arrests brought to the Hawthorne City Jail.
2. Cost Reimbursement. El Segundo will compensate Hawthorne for the services
performed in an amount not to exceed 57.500.00 a month. The amount is based on an average of
25 arrestees a month. If the average number of arrestees per month over any six month
consecutive period is above 25 arrestees per month El Segundo agrees to renegotiate the terms of
this Agreement. Hawthorne shall deliver to El Segundo a written estimate of costs for providing
services. Hawthorne will invoice El Segundo for the services within thirty (30) days following
completion of each month services were provided. El Segundo will pay any undisputed amount
within thirty (30) days of receipt of the invoice. The invoice and payment shall each be delivered
pursuant to the Notice requirements in Section 8.
3. 'Term of Agreement. This Agreement is effective upon execution by both Parties and
shall remain in effect until the Agreement is terminated. Either party may terminate this
3
agreement, at any time. Any services provided until the date of termination will be pro -rated
appropriately. El Segundo will remain liable for services provided up to the date of the
termination, and until the final disposition of all El Segundo arrestees/inmates housed in the
Hawthorne jail.
4. Status of the Parties. Hawthorne is acting as an independent contractor. Each Hawthorne
employee shall remain in the fulltime employ of Hawthorne, and El Segundo shall have no
liability to Hawthorne for any compensation or benefits of any Hawthorne employee, including
but not limited to workers' compensation coverage, in connection with the performance of duties
for El Segundo.
5. Official Status of Hawthorne Officers and Emblovees. For the purpose of performing
services and functions pursuant to this Agreement and only for the purpose of giving official
status and authority to the performance thereof, and not to establish an agency or employment
relationship, El Segundo employees have the authority to transport and submit for housing at the
Hawthorne jail El Segundo arrestees. Hawthorne employees have the same authority over El
Segundo arrestees/inmates as they do over Hawthorne's arrestees/inmates, so long as the
authority/service is within the scope of this Agreement.
6. Modification. This Agreement may be modified only by a written agreement executed by
both of the Parties.
7. Assignment. The Parties understand that their unique status as public entities is the sole
inducement for each to enter into this Agreement. For this reason, the Parties agree that they will
not assign or transfer any portion of or interest in this Agreement. Any attempt to assign or
transfer any portion of this Agreement will be void.
8. Notices. All notices required by this Agreement must be in writing and will be deemed
served when delivered personally, by email, or on the third business day after deposit in the
United States mail, postage prepaid, registered or certified, addressed as follows:
CITY OF EL SEGUNDO:
City Manager
350 Main Street
El Segundo, CA 90245
Email: smitnick@elsegundo.org
CITY OF HAWTHORNE:
City Manager
4455 W. 126th Street
Hawthorne, CA 90250
Email: ashadbehraa hawthomeca.gov
9. California Law. This Agreement shall be construed in accordance with the laws of the
State of California.
10. Insurance. Hawthorne maintains sufficient liability coverage against claims for injuries
to persons or damage to property that may arise from or in connection with the performance of
the services by Hawthorne or Hawthorne's agents, representatives, and employees for the
duration of this Agreement. Hawthorne shall furnish El Segundo with original certificates or a
0
29
letter of self-insurance to satisfy the insurance coverage required herein. Hawthorne must obtain
insurance that, at a minimum, meets the requirements for insurance as set forth below:
10.1 The City of Hawthorne is a self-insured public entity with a self-insured retention
limit of $500,000.00. An excess liability policy is provided through the Independent
Cities Risk Management, 18201 Von Karman, Suite 200, Irvine, CA 92612, (949) 349-
9882, in the amount of $3,000,000.00.
10.2 Workers Compensation Insurance. Hawthorne shall maintain workers compensation
insurance as required by the State of California, with a limit of no less than $1,000,000
per accident for bodily injury or disease.
11. Indemnification.
11.1 In contemplation of the provisions of Section 895.2 of the California Government
Code imposing certain tort liability jointly upon public entities solely by reason of
such entities being parties to an agreement, each of the parties to this Agreement,
to the maximum extent permissible by law, will assume the full liability imposed
upon it or any of its officers, agents or employees for injury caused by any act or
omission occurring in each party's performance of this Agreement to the same
extent that such liability would be imposed in the absence of Section 895.2. To
achieve such purpose, and pursuant to Government Code Section 895.4, each of
the parties indemnifies and holds harmless the other party for any liability, cost or
expense, as described below.
11.2 The City of El Segundo shall indemnify and hold harmless the City of Hawthorne
and its officers, agents and employees, or any of them, from any and all claims,
actions, suits, liability, loss, costs, expenses and damages of any nature
whatsoever, by reason of or arising out of any act or omission of the City of El
Segundo, its officers, agents and employees, or any of them, in the performance
of this Agreement. In the event that any such suit based upon such claim, action,
loss or damage is brought against the City of Hawthorne, the City of El Segundo
shall defend the same at its sole cost and expense; provided, that the City of
Hawthorne reserves the right to participate in such suit if any principle of
government law is at issue. If final judgment in such suit be rendered jointly
against the City of Hawthorne and the City of El Segundo and their respective
officers, agents and employees, or any of them, and the City of El Segundo is held
solely liable, the City of El Segundo shall satisfy the same. If both the City of
Hawthorne and the City of El Segundo are held liable for each party's respective
act or omission, each agrees to pay its pro rata share based on its percentage of
fault, in satisfaction of the judgment.
In executing this Agreement, the City of El Segundo does not assume liability or
responsibility for or in any way release the City of Hawthorne from any liability
or responsibility which arises in whole or in part from the existence or effect of
City of Hawthorne policies, procedures, rules or regulations. If any cause, claim,
30
suit, action or administrative proceeding is commenced in which the
enforceability and/or validity of any such City of Hawthorne policy, procedure,
rule or regulation is principally at issue, the City of Hawthorne shall defend the
same at its sole expense and if judgment is entered or damages are awarded
against the City of Hawthorne, the City of El Segundo or both, the City of
Hawthorne shall satisfy the same, including all chargeable costs and attorney's
fees.
11.2 The City of Hawthorne shall indemnify and hold harmless the City of El Segundo
and its officers, agents and employees, or any of them, from any and all claims,
actions, suits, liability, loss, costs, expenses and damages of any nature
whatsoever, by reason of or arising out of any act or omission of the City of
Hawthorne, its officers, agents and employees, or any of them, in the performance
of this Agreement. In the event that any suit based on such a claim, action, loss or
damage is brought against the City of El Segundo, the City of Hawthorne shall
defend the same at sole costs and expense; provided that the City of El Segundo
retains the right to participate in said suit if any principle of government law is at
issue. If final judgment in such suit be rendered jointly against the City of El
Segundo and the City of Hawthorne and their respective officers, agents and
employees, or any of them, and the City of Hawthorne is held solely liable, the
City of Hawthorne shall satisfy the same. If both the City of Hawthorne and the
City of El Segundo are held liable, each agrees to pay its pro rata share based on
its percentage of fault, in satisfaction of the judgment.
In executing this Agreement, the City of Hawthorne does not assume liability or
responsibility for or in any way release the City of El Segundo from any liability
or responsibility which arises in whole or in part from the existence or effect of
City of El Segundo policies, procedures, rules or regulations. If any cause, claim,
suit, action or administrative proceeding is commenced in which the
enforceability and/or validity of any such City of El Segundo policy, procedure,
rule or regulation is principally at issue, the City of El Segundo shall defend the
same at its sole expense and if judgment is entered or damages are awarded
against the City of El Segundo, the City of Hawthorne or both, the City of El
Segundo shall satisfy the same, including all chargeable costs and attorney's fees.
12. POST -Certified Personnel. If Hawthorne provides peace officer/ jail personnel for
services pursuant to this Agreement then said peace officer personnel shall meet the current
minimum selection and training standards for California law enforcement developed by the
California Commission on Peace Officer Standards and Training (POST).
13. Preservation of Aereement. Should any provision of this Agreement be found invalid or
unenforceable, the decision shall affect only the provision interpreted, and all remaining
provisions shall remain enforceable.
14. Entire Agreement. This Agreement supersedes any and all other agreements, either oral
or in writing, between the Parties with respect to the subject matter herein. Each Party to this
IN
31
Agreement acknowledges that representations by any party not embodied herein, and any other
agreements, statements, or promises concerning the subject matter of this Agreement, not
contained in this Agreement, are not valid and binding. Any modification of this Agreement will
be effective only if it is in writing signed by both of the Parties. Any issue with respect to the
interpretation or construction of this Agreement is to be resolved without resorting to the
presumption that ambiguities should be construed against the drafter.
15. Waiver. A waiver of any breach of this Agreement may not be deemed a waiver of any
subsequent breach of the same or any other term, covenant, or condition of this Agreement.
16. Discrimination. Hawthorne may not discriminate in the provision of services hereunder
because of race, color, religion, national origin, ancestry, sex, age, sexual orientation, marital
status, AIDS, or disability.
17. Nuisance. Hawthorne may not maintain, commit, or permit the maintenance or
commission of any nuisance in connection with the performance of services under this
Agreement.
18. Dispute Resolution. The Parties shall attempt in good faith to resolve any dispute arising
out of or relating to this Agreement promptly by negotiations between the Parties' authorized
representatives. The disputing Party shall give the other Party written notice of any dispute.
Within twenty (20) days after delivery of such notice, the authorized representatives shall meet at
a mutually acceptable time and place, and thereafter as often as they reasonably deem necessary
to exchange information and to attempt to resolve the dispute. If the matter has not been resolved
within thirty (30) days of the first meeting, any Party may initiate a nonbinding mediation of the
dispute. The mediation shall be facilitated by a mediator that is acceptable to both Parties and
shall conclude within sixty (60) days of its commencement, unless the Parties agree to extend the
mediation process beyond such deadline. Upon agreeing on a mediator, the Parties shall enter
into a written agreement for the mediation services with each Party paying a pro rata share of the
mediator's fee, if any. Each Party shall bear its own legal fees and expenses. If, after good faith
efforts to mediate a dispute the Parties cannot agree to a resolution of the dispute, any Party may
pursue whatever legal remedies may be available to it at law or in equity, before a court of
competent jurisdiction and with venue in Los Angeles County.
19. Survival of Provisions and Cblip-ations. Any provision of this Agreement, which by its
nature must be exercised after termination of this Agreement, will survive termination and
remain effective for a reasonable time. Any obligation that accrued prior to termination of this
Agreement will survive termination of this Agreement.
20. Third Party Beneficiaries. This Agreement shall not be construed as an attempt to create
a third party beneficiary contract. This Agreement is for the sole benefit of its Parties; no other
person or entity shall benefit from its terms.
21. Countemarts. This Agreement may be executed in any number or counterparts, each of
which will be an original, but all of which together will constitute one instrument executed on
the same date.
7
32
IN WITNESS THEREOF, the Parties hereto have executed this Agreement on the day
and year first shown above.
CITY OF EL SEGUNDO
Scott Mitnick
City Manager
ATTEST:
City Clerk
r.399z•1iAaQ LIVVr•]W•r
Mark Hensley, City Attorney
CITY OF HAWTHORNS
Arnold Shadbehr
Interim City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
Russell Miyahira, City Attorney
M-
33
EL SEGUNDO CITY COUNCIL
AGENDA STATEMENT
AGENDA DESCRIPTION:
MEETING DATE: October 1, 2019
AGENDA HEADING: Consent Agenda
Consideration and possible action to accept as complete the FYI 8/19 Pavement Rehabilitation Project, No.
PW 19-01 (Fiscal Impact: $888,202.77)
RECOMMENDED COUNCIL ACTION:
1. Accept the work as complete;
2. Authorize the City Clerk to file a Notice of Completion with the Couty Recorder's Office;
3. Authorize an additional $17,602.27 to the contract amount with Hardy and Harper, Inc.; or,
4. Alternatively, discuss and take other possible action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
Location Map
Notice of Completion
FISCAL IMPACT: Included in Adopted Budget.
Amount Budgeted: $932,128.00
Additional Appropriation: None.
Account Number(s): $279,709 from 128-400-0000-8383 (SB -1) when available
$332,128 from 110-400-8203-8943 (Measure R Local Return)
Amount as needed from 106-400-8203-8943 (Gas Tax Local Street
rehab.)
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 %
REVIEWED BY: Ken Berkman, Public Works Director
APPROVED BY: Scott Mitnick, City Manager --
BACKGROUND AND DISCUSSION:
On April 16 2019, City Council awarded a standard Public Works Contract with Hardy and Harper, Inc.
(H&H) in the amount of $482,268 and immediately amended the contract amount to $771,128 to include
more project locations, and authorized an additional $77,000 for construction contingency for the FYI 8/19
Pavement Rehabilitation Project. City Council also awarded a professional services agreement to KOA
Corporation to provide construction inspection and geotechnical testing for the project in the amount of
$76,300, with an additional $7,700 for contingencies.
This project involved the removal and replacement of the top two inches of the roadway surface, manhole
and valve adjustments, traffic loop restorations, and striping. The following locations were successfully
completed on July 31, 2019 while the Center Street schools were not in session:
34
• Center St. — between Imperial Ave. and Mariposa Ave.
• Maple Ave. — between Sheldon St. and Pacific Coast Highway
• El Segundo Blvd. — between Aviation Blvd. and Isis Ave.
• Mariposa Ave. from PCH to Center St.
• Nevada St. from Mariposa Ave. to southern terminus
• Oregon St. from Mariposa Ave. to Pine Ave.
• California St. from Mariposa Ave. to Pine Ave.
• Center St. — between Mariposa Ave. and Grand Ave.
While H&H was able complete the project in a shorter duration than originally scheduled (thus reducing
the amount of inspection time required), additional paving work was needed due to the discovery that some
areas were more deteriorated than anticipated once the milling operations revealed the conditions. As a
result, an additional $94,602.27 was needed for construction, which exceeded the $77,000 contingency.
However, the project still came under budget as the reduction in inspection fees more than covered the
additional construction costs.
Staff respectfully recommends that the City Council 1) accept the work as complete; 2) authorize the City
Clerk to file a Notice of Completion with the County Recorder's Office; and, 3) authorize an additional
$17,602.27 to the construction contract amount with Hardy and Harper, Inc.
Accounting Summary:
$771,128.00 Hardy & Harper, Inc.
+$94,602.27 Construction Contingency Utilized
+$22.472.50 KOA Corporation Inspection Funds Utilized
$888,202.77 Total Funds Spent
$932,128.00 Amount Budgeted for the project
-$888.202.77 Total Funds Spent
$43,925.23 Unspent Budgeted Amount Returned to Source Accounts (Gas Tax)
35
W
�r
PW 19-01: FY 18/19 PAVEMENT REHABILITATION
PROJECT LOCATION MAP
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eMARIPOSA AVE
=_ m E Mariposa AV? Y
EI Segundo --E ` ° `
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Grand Ave .j D
E Franklin Avu y Y
� I S
6,018.7 0
WGS-1984_Web-Mercator Auxiliary_Sphere
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aca
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Legend
- City Boundary
— Street to be Resurfaced
W 141st
W 142nd
® Notes
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 EI Segundo will not be held responsible for any claims, losses or damages resulting
from the use of this map
Recording Requested by
and When Recorded Mail To:
City Clerk, City Hall
350 Main Street
EI Segundo, CA 90245
NOTICE OF COMPLETION OF CONSTRUCTION PROJECT
Project Name: FY 18/19 Pavement Rehabilitation Project
Project No.: PW 19-01 Contract No. 5684
Notice is hereby given pursuant to State of California Civil Code Section 3093 et seq that:
The undersigned is an officer of the owner of the interest stated below in the property
hereinafter described.
2. The full name of the owner is: City of EI Segundo
The full address of the owner is: City Hall, 350 Main Street, EI Segundo, CA, 90245
4. The nature of the interest of the owner is: Public Facilities
A work of improvement on the property hereinafter described was field reviewed by the
City Engineer on July 31, 2019. The work done was: Street Resurfacing
6. On October 1, 2019, City Council of the City of EI Segundo accepted the work of this
contract as being complete and directed the recording of this Notice of Completion in the
Office of the County Recorder.
The name of the Contractor for such work of improvement was: Hardy & Harper, Inc.
The property on which said work of improvement was completed is in the City of EI
Segundo, County of Los Angeles, State of California, and is described as follows: FY
18/19 Pavement Rehabilitation Project
9. The street address of said property is: Various locations in EI Segundo, CA 90245
Dated:
Ken Berkman
Public Works Director
VERIFICATION
I, the undersigned, say: I am the Director of Public Works/City Engineer of the City EI Segundo, the
declarant of the foregoing Notice of Completion; I have read said Notice of Completion and know the
contents thereof; the same is true of my own knowledge.
I declare under penalty of perjury the foregoing is true and correct.
Executed on , 2019 at EI Segundo, California. 90245
Ken Berkman
Public Works Director
37
EL SEGUNDO CITY COUNCIL
AGENDA STATEMENT
AGENDA DESCRIPTION:
MEETING DATE: October 1, 2019
AGENDA HEADING: Consent
Adopt resolutions approving and authorizing changes to the City's medical premiums to CalPERS
for policy year 2020 for El Segundo Supervisory and Professional Employees' Association, El
Segundo Police Officers' Association, El Segundo Fire Fighters' Association and El Segundo
Police Support Services Employees' Association, as outlined in the MOU's for each bargaining
unit; (Fiscal Impact: $100,050 for FY 2019-20)
RECOMMENDED COUNCIL ACTION:
1. Adopt Resolutions approving changes to the medical premium pursuant to MOU; or,
2. Alternatively, discuss and take other possible action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
A. Resolutions adopting contribution towards Ca1PERS medical Premiums for:
1) El Segundo Supervisory and Professional Employees' Association
2) El Segundo Police Officer's Association
3) El Segundo Firefighters' Association
4) El Segundo Police Support Services Employees' Association
FISCAL IMPACT: $100,050 included in the FY 19/20 budget
Amount Budgeted: $100,050
Additional Appropriation: None
Account Number(s): 001 -400 -Various Departments -4204 (Group Insurance)
106-400-4301-4204
501-400-7102-4204
502-400-4301-4204
STRATEGIC PLAN:
Goal: 3 Develop as a choice employer and workforce
Objective: 1 El Segundo is a City employer of choice and consistently hiring for
the future, with a workforce that is inspired, world-class and
engaged, demonstrating increasing stability and innovation.
ORIGINATED BY: David Serrano, Human Resources Director 4�)
REVIEWED BY: Joseph Lillio, Director of Finance
APPROVED BY: Scott Mitnick, City Manager tY ��r"I
BACKGROUND AND DISCUSSION:
Staff and representatives of the various labor associations within the City have met and conferred,
and City Council adopted and approved updated Memoranda of Understanding with each of the
10,
listed bargaining units that include updated medical contributions (periodic increases), as outlined
below.
El Segundo Sunervisory and Professional Emnlovees' Association (SPEA): City Council adopted
the updated SPEA MOU on August 20, 2019, which included provisions for periodic increase to
the medical contribution. Effective January 1, 2020, there is a scheduled increase of $50.00
towards medical contribution. The contribution will increase from $1,500 to $1,550 per month.
The attached resolution is required by CalPERS in order to effectuate the medical contribution
increase.
El Segundo Police Officers' Association (POA): City Council adopted the updated POA MOU
on November 20, 2018, which included provisions for periodic increase to the medical
contribution. Effective January 1, 2020, there is a scheduled increase of $75.00 towards medical
contribution. The contribution will increase from $1,500 to $1,575 per month. The attached
resolution is required by CalPERS in order to effectuate the medical contribution increase.
El Segundo Firefighters' Association (FFA),: City Council adopted the updated FFA MOU on
November 20, 2018, which included provisions for periodic increase to the medical contribution.
Effective January 1, 2020, there is a scheduled increase of $75.00 towards medical contribution.
The contribution will increase from $1,500 to $1,575 per month. The attached resolution is
required by CalPERS in order to effectuate the medical contribution increase.
El Segundo Police Sunnort Services Emnlovees' Association (PSSEA): City Council adopted the
updated PSSEA MOU on March 19, 2019, which included provisions for periodic increase to the
medical contribution. Effective January 1, 2020, there is a scheduled increase of $50.00 towards
medical contribution. The contribution will increase from $1,450 to $1,500 per month. The
attached resolution is required by CalPERS in order to effectuate the medical contribution increase.
With respect to CEA, the MOU for CEA also has a periodic increase, however the next scheduled
increase takes effect on January 1, 2022. The Management -Confidential unrepresented employees
utilize flexible benefit for medical contribution, and there is no scheduled increases pending for
Management -Confidential employees. Finally, with respect to Police Management Association,
the City continues in negotiations on a successor MOU.
As mentioned, City Council has previously adopted the Memorandum of Understanding with the
listed labor associations, and this item fulfills the requirements of the agreed upon MOU,
specifically to the medical contribution provision within each MOU. The fulfillment of MOU
terms and conditions, along with our ability to develop and foster relations with each labor
organization will help improve morale and help to foster employee engagement. These benefit
adjustments will complement the City's efforts to make El Segundo an employer of choice.
Staff recommends approval of the attached Resolutions.
39
RESOLUTION NO.
FIXING THE EMPLOYER CONTRIBUTION AT AN EQUAL AMOUNT FOR EMPLOYEES AND ANNUITANTS
UNDER THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT
WITH RESPECT TO A RECOGNIZED EMPLOYEE ORGANIZATION
WHEREAS, (1) City of EI Segundo is a contracting agency under Government Code
Section 22920 and subject to the Public Employees' Medical and Hospital
Care Act (the "Act") for participation by members of EI Sequndo
Supervisory and Professional Employees' Association and
WHEREAS, (2) Government Code Section 22892(a) provides that a contracting agency
subject to Act shall fix the amount of the employer contribution by
resolution; and
WHEREAS, (3) Government Code Section 22892(b) provides that the employer
contribution shall be an equal amount for both employees and annuitants,
but may not be less than the amount prescribed by Section 22892(b) of
the Act; and
RESOLVED, (a) That effective January 1, 2020 the employer contribution for each
Employee or annuitant shall be the amount necessary to pay the full cost
of his/her enrollment, including the enrollment of family members, in a
health benefits plan up to a maximum of $1,550.00 per month, plus
administrative fees and Contingency Reserve Fund assessments; and be
it further
RESOLVED, (b) City of EI Segundo has fully complied with any and all applicable
provisions of Government Code Section 7507 in electing the benefits set
forth above; and be it further
RESOLVED, (c) That the participation of the employees and annuitants of City of EI
Segundo shall be subject to determination of its status as an "agency or
instrumentality of the state or political subdivision of a State" that is eligible
to participate in a governmental plan within the meaning of Section 414(d)
of the Internal Revenue Code, upon publication of final Regulations
pursuant to such Section. If it is determined that City of EI Segundo would
not qualify as an agency or instrumentality of the state or political
subdivision of a State under such final Regulations, CalPERS may be
obligated, and reserves the right to terminate the health coverage of all
participants of the employer.
RESOLVED, (d) That the executive body appoint and direct, and it does hereby appoint
and direct, the City Clerk to file with the Board a verified copy of this
resolution, and to perform on behalf of City of EI Segundo all functions
required of it under the Act.
CHANGE - BY GROUP, EQUAL, 1 FIXED (REV. 1/2018)
WE
Adopted at a regular meeting of the EI Segundo City Council at EI
Segundo, CA, this 1st day of October, 2019.
Signed:
Attest:
Drew Boyles, Mayor
Tracy Weaver, City Clerk
CHANGE - BY GROUP, EQUAL, 1 FIXED (REV. 1/2018)
41
RESOLUTION NO.
FIXING THE EMPLOYER CONTRIBUTION AT AN EQUAL AMOUNT FOR EMPLOYEES AND ANNUITANTS
UNDER THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT
WITH RESPECT TO A RECOGNIZED EMPLOYEE ORGANIZATION
WHEREAS, (1) City of EI Segundo is a contracting agency under Government Code
Section 22920 and subject to the Public Employees' Medical and Hospital
Care Act (the "Act") for participation by members of EI Segundo
Police Officers' and
WHEREAS, (2) Government Code Section 22892(a) provides that a contracting agency
subject to Act shall fix the amount of the employer contribution by
resolution; and
WHEREAS, (3) Government Code Section 22892(b) provides that the employer
contribution shall be an equal amount for both employees and annuitants,
but may not be less than the amount prescribed by Section 22892(b) of
the Act; and
RESOLVED, (a) That effective January 1, 2020 the employer contribution for each
Employee or annuitant shall be the amount necessary to pay the full cost
of his/her enrollment, including the enrollment of family members, in a
health benefits plan up to a maximum of $1,575.00 per month, plus
administrative fees and Contingency Reserve Fund assessments; and be
it further
RESOLVED, (b) City of EI Segundo has fully complied with any and all applicable
provisions of Government Code Section 7507 in electing the benefits set
forth above; and be it further
RESOLVED, (c) That the participation of the employees and annuitants of City of EI
Segundo shall be subject to determination of its status as an "agency or
instrumentality of the state or political subdivision of a State" that is eligible
to participate in a governmental plan within the meaning of Section 414(d)
of the Internal Revenue Code, upon publication of final Regulations
pursuant to such Section. If it is determined that City of EI Segundo would
not qualify as an agency or instrumentality of the state or political
subdivision of a State under such final Regulations, CalPERS may be
obligated, and reserves the right to terminate the health coverage of all
participants of the employer.
RESOLVED, (d) That the executive body appoint and direct, and it does hereby appoint
and direct, the City Clerk to file with the Board a verified copy of this
resolution, and to perform on behalf of City of EI Segundo all functions
required of it under the Act.
CHANGE - BY GROUP, EQUAL, 1 FIXED (REV. 1/2018)
W
Adopted at a regular meeting of the EI Segundo City Council at EI
Segundo, CA, this 1st day of October, 2019.
Signed:
Drew Boyles, Mayor
Attest:
Tracy Weaver, City Clerk
CHANGE - BY GROUP, EQUAL, 1 FIXED (REV. 1/2018)
43
RESOLUTION NO.
FIXING THE EMPLOYER CONTRIBUTION AT AN EQUAL AMOUNT FOR EMPLOYEES AND ANNUITANTS
UNDER THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT
WITH RESPECT TO A RECOGNIZED EMPLOYEE ORGANIZATION
WHEREAS, (1) City of EI Segundo is a contracting agency under Government Code
Section 22920 and subject to the Public Employees' Medical and Hospital
Care Act (the "Act") for participation by members of EI Segundo
Firefighters' Association and
WHEREAS, (2) Government Code Section 22892(a) provides that a contracting agency
subject to Act shall fix the amount of the employer contribution by
resolution; and
WHEREAS, (3) Government Code Section 22892(b) provides that the employer
contribution shall be an equal amount for both employees and annuitants,
but may not be less than the amount prescribed by Section 22892(b) of
the Act; and
RESOLVED, (a) That effective January 1, 2020 the employer contribution for each
Employee or annuitant shall be the amount necessary to pay the full cost
of his/her enrollment, including the enrollment of family members, in a
health benefits plan up to a maximum of $1.575.00 per month, plus
administrative fees and Contingency Reserve Fund assessments; and be
it further
RESOLVED, (b) City of EI Segundo has fully complied with any and all applicable
provisions of Government Code Section 7507 in electing the benefits set
forth above; and be it further
RESOLVED, (c) That the participation of the employees and annuitants of City of EI
Segundo shall be subject to determination of its status as an "agency or
instrumentality of the state or political subdivision of a State" that is eligible
to participate in a governmental plan within the meaning of Section 414(d)
of the Internal Revenue Code, upon publication of final Regulations
pursuant to such Section. If it is determined that City of EI Segundo would
not qualify as an agency or instrumentality of the state or political
subdivision of a State under such final Regulations, CalPERS may be
obligated, and reserves the right to terminate the health coverage of all
participants of the employer.
RESOLVED, (d) That the executive body appoint and direct, and it does hereby appoint
and direct, the City Clerk to file with the Board a verified copy of this
resolution, and to perform on behalf of City of EI Segundo all functions
required of it under the Act.
CHANGE - BY GROUP, EQUAL, 1 FIXED (REV. 1/2018)
Adopted at a regular meeting of the EI Segundo City Council at EI
Segundo, CA, this 1st day of October, 2019.
Signed -
Drew Boyles, Mayor
Attest:
Tracy Weaver, City Clerk
CHANGE - BY GROUP, EQUAL, 1 FIXED (REV. 1/2018)
45
RESOLUTION NO.
FIXING THE EMPLOYER CONTRIBUTION AT AN EQUAL AMOUNT FOR EMPLOYEES AND ANNUITANTS
UNDER THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT
WITH RESPECT TO A RECOGNIZED EMPLOYEE ORGANIZATION
WHEREAS, (1) City of EI Segundo is a contracting agency under Government Code
Section 22920 and subject to the Public Employees' Medical and Hospital
Care Act (the "Act") for participation by members of EI Sequndo
Police Services Support Emplovees' Association and
WHEREAS, (2) Government Code Section 22892(a) provides that a contracting agency
subject to Act shall fix the amount of the employer contribution by
resolution; and
WHEREAS, (3) Government Code Section 22892(b) provides that the employer
contribution shall be an equal amount for both employees and annuitants,
but may not be less than the amount prescribed by Section 22892(b) of
the Act; and
RESOLVED, (a) That effective January 1, 2020 the employer contribution for each
Employee or annuitant shall be the amount necessary to pay the full cost
of his/her enrollment, including the enrollment of family members, in a
health benefits plan up to a maximum of $1,500.00 per month, plus
administrative fees and Contingency Reserve Fund assessments; and be
it further
RESOLVED, (b) City of EI Segundo has fully complied with any and all applicable
provisions of Government Code Section 7507 in electing the benefits set
forth above; and be it further
RESOLVED, (c) That the participation of the employees and annuitants of City of EI
Segundo shall be subject to determination of its status as an "agency or
instrumentality of the state or political subdivision of a State" that is eligible
to participate in a governmental plan within the meaning of Section 414(d)
of the Internal Revenue Code, upon publication of final Regulations
pursuant to such Section. If it is determined that City of EI Segundo would
not qualify as an agency or instrumentality of the state or political
subdivision of a State under such final Regulations, CalPERS may be
obligated, and reserves the right to terminate the health coverage of all
participants of the employer.
RESOLVED, (d) That the executive body appoint and direct, and it does hereby appoint
and direct, the City Clerk to file with the Board a verified copy of this
resolution, and to perform on behalf of City of EI Segundo all functions
required of it under the Act.
CHANGE - BY GROUP, EQUAL, 1 FIXED (REV. 1/2018)
M
Adopted at a regular meeting of the EI Segundo City Council at EI
Segundo, CA, this 1st day of October, 2019.
Signed.
Drew Boyles, Mayor
Attest:
Tracy Weaver, City Clerk
CHANGE - BY GROUP, EQUAL, 1 FIXED (REV. 1/2018)
47
EL SEGUNDO CITY COUNCIL
AGENDA STATEMENT
AGENDA DESCRIPTION:
MEETING DATE: October 1, 2019
AGENDA HEADING: Consent Agenda
Consideration and possible action regarding approval of ongoing professional service
agreements and blanket purchase orders for FY 2019/2020 in excess of $50,000 for
various departments; and possible action to waive the formal bidding process and
authorize the continued purchase of various goods and services as described below.
(Fiscal Impact: $2,313,819 included in the FY 19/20 Budget: General Fund $1,702,819;
Fiduciary Fund $200,000; Equipment Replacement Fund $150,000; Water Enterprise
Fund $109,000; Golf Course Enterprise Fund $96,000; Prop A Fund $30,000; Asset
Forfeiture Fund $13,000; & Wastewater (Sewer) Enterprise Fund $13,000)
RECOMMENDED COUNCIL ACTION:
1. Authorize the City Manager to execute an amendment to Agreement No. 5272 with 9th
Wonder LA, LLC dba The Phelps Group for the City's economic development and
hospitality and tourism marketing services, in a form approved by the City Attorney to (1)
extend the term of the agreement to September 30, 2020; (2) authorize payment for services
up to $500,000 [General Fund — City Manager ($300,000) and Chevron Grant Fund
($200,000) held in the Fiduciary Fund]; and (3) take such additional, related, action that
may be desirable.
2. Authorize the City Manager to extend ongoing service agreements with J. Lee
Engineering, JAS Pacific, and CSG Consultants to provide plan check, counter staffing,
inspection services and interim Building Manager for the Building & Safety Division in
the amount not to exceed a combined total of $360,000 in FY 2019/2020 (General Fund —
Building Safety).
Authorize staff to continue to purchase gasoline and diesel fuel for City vehicles and
equipment through the use of spot market purchasing in an amount not to exceed $315,000
in FY 2019/2020 (General Fund = $250,000; Asset Forfeiture Fund = $13,000; Prop "A"
Fund = $30,000; Water Enterprise Fund = $9,000; Wastewater (sewer) Enterprise Fund =
$13,000).
4. Authorize the City Manager to extend the ongoing professional service Agreement #4269
with Aerotek Professional Services for providing temporary staffing service for the Public
Works Department not to exceed $200,000 in FY 2019/2020 (General Fund — Public
Works, Government Buildings).
Authorize the El Segundo Fire Department to waive the bidding process for SBRPCA
(South Bay Regional Public Communications Authority) per El Segundo Municipal Code
§ 1-7-10 to complete the existing purchases and make future purchases public safety mobile
radios, portable radios, and accessories, and authorize issuance of a blanket purchase order
to SBRPCA for mobile radios, portable radios, and accessories not to exceed $150,000 in
FY 2019-2020 (Equipment Replacement Fund- Fire).
IV
01
6. Authorize the City Manager to amend the contract with All Cities Management Services,
Inc. for ongoing services to provide crossing guard services for the El Segundo School
District not to exceed $114,646 in FY 2019/2020 (General Fund — Finance Administration
(non -departmental).
7. Authorize the issuance of a blanket purchase order to Hinderliter De Llamas &
Associates (Agreement #3313) to provide professional services related to sales and use tax
for an amount not to exceed $100,000 in FY 2019/2020 (General Fund — Finance Business
Services).
8. Authorize the issuance of a blanket purchase order to Metron Farnier in an amount not to
exceed $100,000 in total for the purchase of single jet AMR water meters for the City's
water system in FY 2019/2020 (Water Enterprise Fund).
9. Authorize the issuance of a blanket purchase order to Lane Donovan Partners, LLC
(Agreement #3399) to provide management services for The Lakes Golf Course for an
amount not to exceed $96,000 in FY 2019/2020 (Golf Course Enterprise Fund — Recreation
& Parks).
10. Authorize the City Manager to execute an amendment to Agreement No. 4095 with High
Point Strategies, LLC for City's advisors and advocate regarding issues relating to
LAWA, LAX, FAA, MTA and other Los Angeles agencies, in a form approved by the City
Attorney to (1) extend the term of the agreement to September 30, 2020; (2) authorize
payment for services up to $81,000 (General Fund — City Manager); and (3) take such
additional, related, action that may be desirable.
11. Authorize the City Manager to issue a blanket purchase order to Baker & Taylor
Information Services for supplying books and other library materials for not to exceed
amount of $74,500 in FY 2019/2020 (General Fund - Library).
12. Authorize the City Manager to amend contract #3957 with Galls LLC for purchasing
uniforms and equipment for the Police Department, not to exceed $60,000 in FY 2019/2020
(General Fund — Police Department). Galls, LLC is the only physical location that provides
in-house, appointment tailoring, embroidery and distribution of equipment in the State of
California
13. Authorize the issuance of a blanket purchase order to Tyler Technologies/Eden Financial
Management Systems for annual software licensing, maintenance, and support not to
exceed $56,000 in FY 2019-2020 (General Fund — Information Systems).
14. Ratify an existing amendment to contract #4223 with Professional Account Mgmt, LLC
(Duncan Solutions Company) for providing professional parking citation processing and
collection services, via citation management for the Police Department, not to exceed
$55,000 in each FY until May 31, 2021 (General Fund — Police Department).
Me]
15. Authorize the City Manager to issue a blanket purchase order to Innovative Interfaces,
Inc. for ongoing library catalog database subscription charges not to exceed the amount of
$52,000 in FY 2019/2020 (General Fund -Library).
16. Alternatively, discuss and take other possible actions related to these items.
ATTACHED SUPPORTING DOCUMENTS:
Attachment A — Summary of Budgeted Accounts
FISCAL IMPACT: Included in Adopted Budget
Amount Budget: $2,313,819 (various funds)
Additional Appropriation: No (included in the adopted FY 2019/2020 Budget)
Account Number(s): See "Attachment A - Summary of Accounts"
STRATEGIC PLAN:
Goal: 5(b) Champion Economic Development and Fiscal Sustainability:
El Segundo approaches its work in a financially disciplined and
responsible way
Objective: 2 The City will maintain a stable, efficient, and transparent financial
environment
ORIGINATED BY: Maria L. Cerritos, Purchasing Agent`A7)f
REVIEWED BY: Joseph Lillio, Finance Director
APPROVED BY: Barbara Voss, Deputy City Manager s 5I%A\
BACKGROUND AND DISCUSSION:
The following professional service agreements and blanket purchase orders are organized by
operational Department and reference the agreement as related to the "recommended Council
action" item number listed above.
CITY MANAGER
#10 - High Point Strategies, LLC
High Point Strategies, LLC will continue working on behalf of the City as its advisors and advocate
for the City regarding issues relating to Los Angeles World Airports (LAWA) and Los Angeles
International Airport (LAX), and the Federal Aviation Administration, transportation issues
relating to the Metropolitan Transportation Authority, or assisting with the City's relationship with
other City and County of Los Angeles agencies.
This amendment is to extend the Agreement in terms through September 30, 2020 not to exceed
$81,000 Account Number: 001-400-2101-6407 (General Fund).
50
ECONOMIC DEVELOPMENT
#1- 911 Wonder LA, LLC
91h Wonder LA, LLC will continue working on behalf of the City as its full-service marketing
agency supporting business attraction and hospitality and tourism marketing efforts. This
amendment is to extend the Agreement in term through September 30, 2020 not to exceed
$500,000. Account Number: 001-400-2401-6206 (General Fund) and 702-200-2401-2609
(Chevron Grant Fund).
FINANCE
#5 - All Cities Management Services, Inc.
On September 16, 2008, City Council approved an appropriation for ESUSD crossing guard
services under Special Orders of Business, Item #6 within the 2008-2009 Budget Appropriations.
This contract includes 6 crossing guards for a total of 5,400 hours. The contract is expected to be
renewed year to year as long as ACMS performance meets the City's and ESUSD's expectations.
The annual cost of funding this contract is not to exceed $114,646 for fiscal year 2019/2020.
Account number: 001-400-2901-6405 (General Fund).
#7 — Hinderliter De Llamas & Associates
On April 01, 2004, the City entered into a Professional Services Agreement #3313 with Hinderliter
De Llamas & Associates (HDL) to provide services to generate additional sales and use tax
revenue for the City of El Segundo. Services include sales tax and economic analysis, allocation
audit and recovery, and ongoing consultation. HDL receives 15% of any new and/or use tax
revenue received by the City as a result of audit and recovery work. The amount for the purchase
order for FY 19/20 issued to HDL is not to exceed $100,000. Account number: 001-400-2501-
6214 (General Fund).
FIRE DEPARTMENT
#5-SBRPCA
In June 2016, The El Segundo City Council authorized the City Manager to enter into a Joint
Exercise of Powers Agreement to establish a joint power agency, the Interoperable Network of the
South Bay (INSB). In December 2017, the El Segundo City Council authorized the purchase of
public safety mobile and portable, radios, accessories and required radio programming for the
Police Department, Fire Department, and Emergency Management Division, through a purchase
facilitated by the SBRPCA. The Fire Department has since implemented the new radios systems,
and has faced additional purchases associated with the continued implementation and use of the
systems. As SBRPCA is the single source provider of the Fire Department's radio systems, and as
the Department must ensure that communication needs are met/exceeded for responses, a waiver
to the formal bidding process to cover all costs associated with all purchases for the radios will
mitigate a delay in compliance and allow the Fire Department to successfully complete the radios
51
project. The El Segundo Fire Department recommends that the City Council waive the formal
bidding process per El Segundo Municipal Code §1-7-10 to continue and complete the existing
purchases and make future purchases public safety mobile radios, portable radios, and accessories.
The total purchases of $150,000.00 are for the following accounts for Fiscal Year 2019-2020:
601-400-3202-8104 Generator Equipment Replacement Fund $50,000.00
601-400-3202-8106 Communications Equipment Fund $60,000.00
601-400-3202-8108 Coma_ uter Ea_uin_ ment Replacement Fund S40.000.00
Total$ 150,000.00
INFORMATION SYSTEMS DEPARTMENT
#13 — Tvler Technolosies — Eden Financial Mannenient Svstems
The City utilizes Tyler Technologies financial software to manage the City's General Ledger,
Accounts Receivable, Accounts Payable, Payroll, and Human Resources. This item is for annual
licensing, maintenance, and support of these systems. The total cost will not exceed $56,000 for
FY 2019-2020. Account number: 001-400-2505-6217 (General Fund)
LIBRARY
#11 - Baker and Tavlor
Baker and Taylor, the Library's leading supplier of books, music, books on CD, DVD's, E -books
and other items, offers substantial savings up to 45% under retail cost. The total purchases of
$74,500 are for the following accounts for Fiscal Year 2019/2020:
001-400-6103-5505
Youth Materials
$20,500
001-400-6103-5507
School Library Materials
$ 2,400
001-400-6104-5501
Adult Materials
$46,500
001-400-6104-5503
Author Fair Materials
$ 2,500
001-400-6104-6277
Title Source Database
$ 2.600
$74,500
#15 — Innovative Interfaces
Through subscription services, Innovative Interfaces provides its clients with library catalog
software—known as Sierra—for maintaining patron accounts, loaning library material, managing
book and other collections, and making the collections discoverable in the library and at home.
The El Segundo Public Library is currently in year four of a five-year subscription agreement for
several of the following facets of Sierra:
001-400-6101-6217
Encore Duet
$15,408
001-400-6101-6217
Content Cafe
$ 765
001-400-6101-6217
SIP2Interface
$ 1,890
001-400-6101-6217
Sierra Maintenance
$33.610
$51,673
52
PLANNING AND BUILDING SAFETY
#2 - J. Lee EnOneerinLy, JAS Pacific, and CSG Consultants
J. Lee Engineering, JAS Pacific, and CSG Consultants provides plan check, inspection, counter
staffing, and temporary Building Manager staffing for the Building & Safety Division. These
services are utilized when workload exceeds the level that would preclude City staff from
meeting customer service expectations. These expenditure are off -set by plan check and permit
fees. There would be 3 separate agreements that will not exceed a combined total of $360,000 for
fiscal year 2019/2020. Account number 001-400-2403-6214 (General Fund).
POLICE DEPARTMENT
#12 — Galls. LLC
Galls, LLC provides uniforms and equipment to the Police Department. Galls, LLC is the only
physical location that provides in-house tailoring, embroidery and distribution of equipment in the
State of California. Galls, LLC provides uniforms and equipment to the department, not to exceed
$60,000 in FY 2017/2018. Account number: 001-400-3101-4215 (General Fund)
#14 — Profess ion aI Acco€rnt Mamt, LLC (Duncan Solutions Company)
Professional Account Mgmt, LCC provides professional parking citation processing and collection
services, via citation management. Not to exceed $55,000 in FY 2019/2020. Account number:
001-400-3101-6206 (General Fund).
PUBLIC WORKS
#3 - Fuel for City Vehicles and Equipment
Generally, fuel is purchased either through spot market purchases or long-term contracts. Spot
purchasing consists of shopping around each time fuel is needed and purchasing fuel from the
lowest priced vendor. This type of purchasing usually occurs when the fuel market is volatile as
it has been for the last three years. During periods of stability, agencies enter into long-term fuel
contracts. Pricing under long-term contact is tied to a published fuel price baseline plus a
markup. The volatility in the market has forced vendors to significantly raise this markup, making
long-term contracts unattractive. Under the City's last long-term contract through Los Angeles
Metropolitan Public Purchasing Agents' Cooperative (LAMPPAC), there was virtually no
markup. When that contract expired in September 2005, the fuel market was quite volatile and
City Council authorized staff to purchase gasoline and diesel fuel through the use of spot market
purchases.
Many agencies including Cities of Manhattan Beach, Redondo Beach and Hawthorne have opted
to purchase fuel through spot purchases in lieu of entering into long-term contracts since the
expiration of the LAMPPAC contract. Staff continuously monitors long-term contracts available
in the industry.
Pursuant to El Segundo Municipal Code (ESMC) § 1-7-10, relating to purchases and supplies, the
City Council may at any time, by a majority vote and without amending the ESMC, waive
purchasing procedures or alter proceedings to fit a specific purchase, when the waiver is not in
violation of State law. Spot purchasing is the sort of modified purchasing arrangement that
53
requires such a waiver by Council. It is possible that the total of purchases from any one vendor
may exceed $50,000; therefore, Council approval of spot purchasing is requested. The City is
budgeting $315,000 for Fiscal Year 2019/2020 in accounts:
001-400-4601-5215 in the amount of $250,000 (General Fund)
109-400-3105-5215 in the amount of $13,000 (Police - Asset Forfeiture Fund)
112-400-5292-5215 in the amount of $30,000 (Prop "A" Fund)
501-400-7102-5215 in the amount of $9,000 (Water Enterprise Fund)
502-400-4301-5215 in the amount of $13,000 (Wastewater (sewer) Enterprise Fund)
#8 - Water Meters — Metron Farnier
The City's water distribution system includes over 4,000 water meters. The Water division has
installed Automatic Meter Readers (AMR) on small scale over the course of several years as it
conducted trials. The Public Works Department completed its first major phase of the AMR meter
Conversion Program in FY2016-17 to replace 546 aging water meters in the City's commercial
sector. Over the next several years, two additional phases will be implemented to complete the
City's entire AMR meter conversion. Meanwhile, the water division will replace aging meters
with new AMR meters as part of their maintenance efforts. The cost to replace each meter ranges
from $250 to $5,000, dependent upon size.
Staff plans to continue replacing failing meters in FY 2019/2020 and recommends continuing to
purchase meters from Metron Farnier, the vendor chosen previously for the AMR meters, in an
amount not to exceed $100,000 in total. Account number: 501-400-7201-5207 (Water Enterprise
Fund).
#4 — Aerotek Professional Services
Aerotek has provided temporary staffing for Public Works Department on an annual basis since
2012 under agreement #4269, which expires on 9/30/2017. For FY 2019/2020, staff recommends
awarding a professional service agreement with Aerotek to provide temporary staffing services
needed by Public Works Department in an amount not to exceed $200,000. Savings from various
full-time salaries accounts in Public Works Department will be used to fund this contract in FY
2019/2020. Account number: 001-400-2601-6215 (General Fund)
RECREATION & PARKS
#9 - Lane Donovan Partners, LLC
On October 22, 2004, the City entered into a Management Agreement #3399 with Lane Donovan
Partners for $108,000 a year to operate and maintain The Lakes at El Segundo. On April 16, 2013,
City Council approved one of Lane Donovan's budget cut proposals of $12,000 by reducing the
management fee to $8,000 per month. The amount for the contract and purchase order for FY
19/20 issued to Lane Donovan is not to exceed $96,000. If alternative management solutions are
approved by City Council during the year, the contract for Lane Donovan Partners will be amended
as necessary to meet the operational needs of the City, including cancelation of the contract with
proper notice as required by the contract language. Account number: 503-400-5301-6214 (Golf
Course Enterprise Fund).
54
Ref # Account Number
City Manager
10 001-400-2101-6407
Economic Development
1 001-400-2401-6206
1 702-200-2401-2609
9th Wonder Total
Blanket PO Summary of Accounts
Schedule A
High Point Strategies, LLC
9th Wonder
9th Wonder
500,000.00
Finance
6 001-400-2901-6405 All Cities Management Services, Inc
7 001-400-2501-6214 Hinderliter De Llamas & Associates
Fire
5 601-400-3201-8104
601-400-3201-8106
601-400-3201-8108
SBRPCA Total
Information Systems
13 001-400-2505-6217
Library
11 001-400-6103-5505
001-400-6103-5507
001-400-6104-5501
001-400-6104-5503
001-400-6104-6277
Baker & Taylor Total
15 001-400-6101-6217
Planning & Building
2 001-400-2403-6214
Police
14 001-400-3101-6206
12 001-400-3101-4215
Public Works
3 001-400-4601-5215
109-400-3105-5215
112-400-5292-5215
501-400-7102-5215
502-400-4301-5215
Fuel Total
8 501-400-7201-5207
4 001-400-2601-6215
Recreation & Parks
9 503-400-5301-6214
SBRPCA
SBRPCA
SBRPCA
150,000.00
Tyler Technologies/Eden Financial
Baker & Taylor
Baker & Taylor
Baker & Taylor
Baker & Taylor
Baker & Taylor
74,500.00
Innovative Interfaces
J. Lee Engineering/JAS Pacific/CSG Consultants
Professional Account Mgmt., LLC (Duncan Solution)
Galls, LLC
Fuel for City Vehicles and Equipment
Fuel for City Vehicles and Equipment
Fuel for City Vehicles and Equipment
Fuel for City Vehicles and Equipment
Fuel for City Vehicles and Equipment
Water Meter - Metron Farnier
AeroTek Professional Staffing Services
Lane Donovan Partners, LLC
315,000.00
Amount
81,000.00
300,000.00
200,000.00
114,646.00
100,000.00
50,000.00
60,000.00
40,000.00
56,000.00
20,500.00
2,400.00
46,500.00
2,500.00
2,600.00
51,673.00
360,000.00
55,000.00
60, 000.00
250,000.00
13,000.00
30,000.00
9,000.00
13,000.00
100,000.00
200,000.00
96,000.00
TOTAL 2,313,819.00
6•IR
EL SEGUNDO CITY COUNCIL
AGENDA STATEMENT
AGENDA DESCRIPTION:
MEETING DATE: October 1, 2019
AGENDA HEADING: Public Hearing
Conduct a Public Hearing to establish an annual permit fee for Commercial/Multi-Family
Solid Waste Collection and Transportation Services and an annual permit fee for
Residential Self -Hauling of Solid Waste (Fiscal Impact:TBD)
RECOMMENDED COUNCIL ACTION:
1. Open the Public Hearing;
2. Receive all written and oral testimony;
3. Close the Public Hearing;
4. Adopt a resolution establishing an annual permit fee for Commercial/Multi-Family
Solid Waste Collection and Transportation Services and an annual permit fee for
Residential Self -Hauling of Solid Waste; or,
5. Alternatively, discuss and take other possible actions related to this item.
ATTACHED SUPPORTING DOCUMENTS:
ESMC Sections 5-2-10 and 5-2-15
Draft Fee Resolution
FISCAL IMPACT: TBD based upon number of permit applications
Amount Budgeted: $14K (for outreach)
Additional Appropriation: No
Account Number(s): Revenue: 001-300-0000-3735(Commercial Hauling Permit)
Revenue: 505-300-0000-3931 (Residential Self -Hauling Permit)
STRATEGIC PLAN:
Goals: lA El Segundo provides unparalleled service to internal and external
customers
5 Champion Economic Development and Fiscal Sustainability
ORIGINATED BY: Jasmine Allen, Senior Management Analyst
REVIEWED BY: Ken Berkman, Public Works Director; Mark Hensley, City Attorney
APPROVED BY: Scott Mitnick, City Manager ) 5VA1
BACKGROUND AND DISCUSSION:
On June 18t', the City of El Segundo Council adopted an Ordinance amending Title 5, Chapter 2
of the El Segundo Municipal Code to establish comprehensive regulations regarding solid waste
management and establishing a permit process for, and regulations governing, providers of solid 7
W
waste collection and transportation services to commercial premises and multi -family dwellings
(three or more units).
COMMERCIAL AND MULTI -FAMILY SOLID WASTE COLLECTION AND
TRANSPORTATION SERVICES
Pursuant to section 5-2-15 of the ESMC, and effective February 1, 2020, collection and
transport of solid waste, recyclables, and organics for all properties other than one- and two -
unit residential properties may only be provided by haulers that have been issued a valid
Commercial/Multi-Family Solid Waste Collection and Transportation Permit (Commercial
Permit). There are currently 26 haulers with business licenses to provide solid waste collection
and transportation in the City. Historically, the City has not required a regulatory permit to
provide Commercial/Multi-family solid waste collection and transportation services; however, as
noted above, to ensure compliance with the State's (CalRecycle's) regulations, the City revised
its Solid Waste Ordinance on June 18th to create a regulatory permit program.
An applicant may obtain a Commercial Permit by submitting an application to the Public Works
Department and paying a permit fee of $1,866 (see Exhibit A), as established by this Resolution.
In accordance with State law, the fee is established solely to recover City costs, such as
validating application information, conducting inspections of the premises and destination
facilities, reviewing the services rendered, quarterly and annual reporting associated with
issuance of the permit and services, and periodic monitoring and reviews related thereto. The
Permitted hauler will need to reapply for the permit on an annual calendar year basis. If the
permit is denied, the hauler will be refunded the fee minus the "review application" charge,
totaling $1,558.66.
Education and Outreach Plan
Haulers with business licenses in the City (26):
• Letter/Notice via US Mail - the first week of October, November, and January
• Email (via GovDelivery to track open rate) - the first week of October, November,
January, and February*
• Phone Calls - the first week of November, January, and February*
*February actions will be for non-responsive parties
Commercial (2,622) and Multi -Family (1,200) property owners:
• Letter/Notice via US Mail - first week of November and January
• Email (via GovDelivery to track open rate) — first week of November and January
• Post an informational article in December/January edition of the City Newsletter
• Contact non-responsive haulers and acquire their customers list — first week of December
• Send letters to customers whose haulers will not apply for permit — first week of January
57
SELF -HAULING (RESIDENTIAL PREMISES)
Per the ESMC 5-2-10, the owner of each residential (single-family or duplex) dwelling is
required to contract with the City's franchisee (EDCO) for removal of all solid waste, organics,
and recyclables accumulated on such premises and must pay for such removal at the rates
established by the City Council via the Proposition 218 process (currently $15/unit per month).
However, the ESMC also provides the option to self -haul in lieu of using the franchisee,
provided the person in charge of the premises first obtains a residential Self -Haul Permit.
A Self -Haul Permit can be obtained by submitting an application to the Public Works
Department and paying a permit fee of $338.00 (see Exhibit B). In accordance with State law,
the fee is established solely to recover City costs, such as validating application information,
conducting inspections of the premises and disposal sites, and reviewing quarterly reports.
Permits will be issued annually on a calendar year basis. Permits issued between January 1 and
March 31 shall pay 100 percent of the permit fee; permits issued between April 1 and June 30
shall pay 75 percent of the permit fee; permits issued between July 1 and September 30 shall pay
50 percent of the permit fee; permits issued between October 1 and December 31 shall pay 25
percent of the permit fee.
I 7 3[01W9U V 17 1 Y 1 "A
Staff respectfully recommends City Council conduct a public hearing and approve the attached
resolution establishing a $1,866.00 annual permit fee for Commercial/Multi-Family Solid
Waste Collection and Transportation Permits and a $338.00 annual permit fee for Residential
Self -Hauling Permits.
COMMERCIAL PERMIT
TASK
Review application
Review application
Conduct vehicle
inspections
Review and Approve
Issue permit
Review quarterly reports
Review quarterly reports
Review annual reports
Review annual reports
TOTAL
RESIDENTIAL
SELF -HAULING
TASK
Review application
Conduct vehicle inspections
Issue permit
Review quarterly reports
TOTAL
EXHIBIT A
CONDUCTED BY
Consultant
Sr. Management Analyst
PW Inspector
PW Director
Engineering Tech
Consultant
Sr. Management Analyst
Consultant
Sr. Management Analyst
0114 Wo I 1 0.1 to I:
CONDUCTED BY
Sr. Management Analyst
PW Inspector
Engineering Tech
Sr. Management Analyst
HOURS
1
1
1
0.5
1
4
6
2
1
HOURS
1
1
0.5
1
HOURLY
RATE
$110.00
$101.29
$82.18
$192.04
$107.45
$110.00
$101.29
$110.00
$101.29
HOURLY
RATE
$101.29
$82.18
$107.45
$101.29
TOTAL
$110.00
$101.29
$82.18
$96.02
$107.45
$440.00
$607.74
$220.00
$101.29
$1,865.97
TOTAL
$101.29
$82.18
$53.73
$101.29
$338.49
W
5-2-10: SELF -HAULING
A. Permit required. The person in charge of a residential premises may
apply for and obtain a permit to self -haul, and shall not self -haul
without a valid self -haul permit issued pursuant to this section unless
otherwise expressly authorized in this chapter. Every person in
charge of a residential premises who desires to self -haul in lieu of
making arrangements with the solid waste franchisee for solid waste
handling services shall obtain a self -haul permit from the Public Works
Director prior to commencing self -hauling. For purposes of this
section, "residential premises" refers to one- and two-family dwelling
units.
B. Term. A permit to self -haul shall be good for one calendar year, or
such part of the calendar year that is remaining after the issuance of
the permit. All self -haul permits shall expire on December 31, and
may be renewed annually. Application for a renewal permit must be
filed at least 60 calendar days prior to the expiration date of the permit
to allow adequate time for processing, inspection and verifications
required to issue the permit.
C. Issuance of permit. An applicant for a self -haul permit shall submit a
completed application, on a form approved by the City's Public Works
Director, to the Public Works department. The Public Works Director
shall determine whether the application is complete within five
business days of the receipt of the application. If the Public Works
Director finds the application incomplete, the applicant shall be given
a list of information needed to complete the application.
Once an application for a self -haul permit is complete, the applicant
shall produce the items listed in subsections (C)(1) through (7) below.
The Public Works Director shall issue a self -haul permit within five
working days of the production of all of the required items.
The applicant must produce for inspection the vehicle the
applicant intends to use for self -hauling, and the vehicle must
meet the following standards:
a. The vehicle is capable of safely hauling a minimum of 32
gallons (4.3 cubic feet) of solid waste, recyclables and
organics in a safe and sanitary manner so that such matter
will not spill; and
b. If the vehicle is not fully enclosed, the applicant must produce
a tarp or other material, device or mechanism that is
. TM
demonstrated to completely secure the materials being self -
hauled;
2. The applicant must produce evidence that he or she owns or
leases the vehicle produced for inspection or has a written
agreement to use the vehicle for self -hauling with the vehicle's
owner or lessor;
3. The applicant must produce evidence that he or she has a valid
California driver's license to operate the vehicle produced for
inspection and that the vehicle is registered in the State of
California;
4. The applicant must provide the City with proof of automobile
insurance for the vehicle;
5. The vehicle must be operational and meet all applicable Vehicle
Code standards;
6. The applicant must provide the City with proof that the applicant
has containers for the storage of solid waste, recyclables and
organics on the applicant's premises before the materials are
hauled to a disposal facility; and
7. The applicant must not have any outstanding charges due to the
City's solid waste franchisee for solid waste handling services
previously received at the premises for which the self -hauling
permit application is being submitted; and
8. The applicant must pay the fee for a self -haul permit authorized
by resolution of the City Council. The fee shall reflect the City's
reasonable costs of issuing and monitoring compliance with the
permit. Permits issued between January 1 and March 31 shall
pay 100 percent of the permit fee; permits issued between April 1
and June 30 shall pay 75 percent of the permit fee; permits issued
between July 1 and September 30 shall pay 50 percent of the
permit fee; permits issued between October 1 and December 31
shall pay 25 percent of the permit fee.
D. Appeal of denial. An applicant whose application for a self -haul
permit has been denied may appeal that decision to the City Manager.
The appeal must be made on a form approved by the Public Works
Director. An appeal must be filed within 10 calendar days of the date
the applicant was notified of the denial. The City Manager shall issue
a written decision within 10 business days of the effective date of the
appeal. The decision of the City Manager shall be final.
61
E. Operational Standards/Permit Conditions.
The permittee must dispose of solid waste weekly at a licensed or
permitted landfill or disposal facility and shall procure and retain
weekly receipts from such landfill or other disposal facility.
Receipts shall be submitted to the City upon request. Failure to
show proof of solid waste disposal for each week that a person is
permitted to self -haul shall constitute a public health and safety
nuisance sufficient to permit City to revoke the permittee's self -
haul permit.
2. The permittee must notify the City of any change in the vehicle
being used to haul solid waste by the permittee. The permittee
must bring the new vehicle in for an inspection and demonstrate
compliance with items (1) through (5) of subsection (C) of this
section before the new vehicle is used to haul any solid waste
under the permit.
3. The permittee must keep on file with the City copies of the current
automobile insurance and registration for the vehicle used to self -
haul and the permittee's current California driver's license.
4. The permittee must separate and bag solid waste, recyclables
and organics. Recyclables must be disposed of at a licensed or
permitted recycling center, materials recovery facility, or transfer
station. Organics must be disposed of at a licensed or permitted
composting facility, organics processing facility, or must be
composted on the premises covered by the self -haul permit.
5. The permittee must maintain, on a rolling basis, original records
showing, for the immediately preceding twelve months, the type
and weight of all solid waste collected (categorized by solid
waste, organics, and recyclables) and the disposal site, recycling
facility, organics processing facility or other final destination of
each load transported (categorized by solid waste, recyclables,
and organics). Copies of these records must be submitted to the
Public Works Director upon request.
6. The permittee must submit quarterly reports to the Public Works
Director showing the type and weight of solid waste collected
(categorized by solid waste, recyclables, and organics), the final
destination of each type of waste, and the receipt number
(provided by the final destination) for each load of solid waste,
recyclables, and organics collected. All such reports must be
submitted on a form approved by the Public Works Director.
7. The permittee is liable for any damages and cleanup costs
resulting from any solid waste, recyclables or organics spills
during the course of the permittee's self -hauling activity.
F. Revocation of permit. The self -haul permit shall be subject to
revocation if the permittee violates any provision of this chapter. A
notice of revocation shall be mailed to the permittee informing him/her
that the self -haul permit is being revoked, identifying the violations of
this chapter that have occurred, and informing the permittee that he or
she has the right to dispute the revocation by an appeal to the City
Manager. An appeal of a revocation must be filed within 10 calendar
days of the mailing of notice of the revocation. A revocation appeal
hearing will be scheduled within 10 business days of the date the City
receives the request for an appeal. Revocation of the permit will be
stayed upon filing of an appeal in accordance with this section. The
stay will remain in place until a final decision is issued by the City
Manager. The City Manager will issue a decision on the appeal within
five business days of the hearing and provide the permittee written
notice of the decision. The decision of the City Manager on the appeal
shall be final. A person whose self -haul permit has been revoked
pursuant to this subsection may not obtain another self -haul permit for
one year from the date of the revocation.
5-2-15: COMMERCIAL AND MULTI -FAMILY SOLID WASTE
COLLECTION AND TRANSPORTATION SERVICES
A. Permit Requirement. Effective January 1, 2020, no person shall
collect solid waste from any commercial or multi -family premises in
the City and transport it over the public streets or highways except
under a valid permit issued pursuant to this section, unless an
exemption set forth in this section applies. For purposes of this
section, and unless otherwise specified, "multi -family premises" refers
to a building containing three or more dwelling units designed or
arranged for occupancy by three or more households living
independently in which they may or may not share common entrances
and/or other spaces.
B. Authorization; Limitations.
1. A permit issued pursuant to this section authorizes the permittee
to collect specified types of solid waste from commercial and
multi -family premises in the City and to transport it over the public
streets and highways of the City, in accordance with the terms
and conditions of the permit and this section.
63
2. A person may obtain a permit under this section to collect solid
waste from within the City only to the extent that another person
does not have an exclusive privilege or right to collect that solid
waste from within the City pursuant to a franchise agreement.
3. A permit issued pursuant to this section does not authorize, and
shall not be construed to authorize, the permittee to collect solid
waste within the City when another person has an exclusive
privilege or right to collect that solid waste within the City pursuant
to a franchise agreement.
C. Exemptions. The requirement to obtain a permit under this section
does not apply to any of the following:
1. The collection and transport of solid waste by the owner or
occupant of the real property where the solid waste was
generated.
2. The collection and transport of solid waste that is generated on
real property in the course of a service provided to the owner or
tenant of that property by a building contractor or landscape
contractor, if the solid waste is collected and transported by the
contractor.
3. The collection and transport of solid waste under a valid federal or
State permit if the federal or State permit requirement preempts
the permit requirement under this section.
4. The collection and transport of solid waste by the franchisee
under a franchise agreement.
5. The collection and transport of solid waste generated at a publicly
operated wastewater treatment facility.
6. Disposal of large, bulky or heavy items that are not a byproduct of
materials generated by a business or tenant or are not
customarily part of the property's solid waste generation.
7. Removal of large amounts of solid waste to address health and
safety concerns such as hoarding.
D. Application. A person may apply for a commercial/multi-family solid
waste collection and transportation permit by submitting an application
to the Public Works Department and paying an application fee
established by resolution of the City Council. The application must be
made using a form approved by the Public Works Director and include
all of the following:
ME
The full legal name, address and telephone number(s) of the
applicant. If the applicant is a sole proprietor who will operate
under a fictitious business name, the applicant must provide a
copy of a valid fictitious business name statement for the
business. If the applicant is a business entity, the applicant must
provide written documentation that the entity may lawfully conduct
business in the City.
2. Identification of all vehicles proposed to be used in the collection
and transport of solid waste under the permit, including legible
copies of valid California registration cards for each vehicle. If any
of the vehicles is equipped to provide roll -off box services, that
information must also be provided. The Public Works Director
may require inspection of any such vehicles prior to issuing a
permit or at any time during the life of the permit.
3. Proof of possession of a valid motor carrier identification number
in good standing issued under California Vehicle Code section
34507.5, if applicable.
4. Identification of the types of solid waste, recyclables, and organics
to be collected and transported.
5. Identification of the locations to which the solid waste, including
recyclables and organics, will be transported.
6. A description of all services to be provided to a customer related
to the collection and transport of solid waste (including
recyclables and organics) for that customer.
E. Vehicle Inspections; Standards.
All vehicles proposed to be used for collection and transport of
solid waste under a permit issued pursuant to this chapter shall
be made available for inspection by the Public Works Director or
his/her designee at a location within the City determined by the
Public Works Director. The vehicle must be made available for
inspection within two business days of the inspection request
and at a location designated by the Public Works Director.
2. All vehicles proposed to be used for collection and transport of
solid waste under the permit must comply with the following
minimum standards:
65
a. The vehicle must be designed, constructed and configured
for safe handling and to securely contain the type of solid
waste proposed to be collected; and
b. The vehicle must be prominently marked with the name and
telephone number of the applicant.
F. Permit Issuance; Grounds for Denial.
After receipt of an application, payment of a permit fee
established by the City Council by resolution, and a valid
certificate of liability insurance issued to the applicant that
conforms to the coverage requirement set forth in this section, the
Public Works Director shall issue a commercial/multi-family solid
waste collection and transportation permit to the applicant unless
any of the following grounds for denial exists:
a. Another person has an exclusive right or privilege to collect
all of the types of solid waste described in Section 5-2-
15(D)(4).
b. The application is incomplete or inaccurate.
c. A permit issued to the applicant under this section has been
revoked within twelve months prior to the date of application.
d. The applicant has failed to pay an outstanding fine.
e. The Public Works Director determines that a vehicle
proposed to be used in the collection and transport of solid
waste pursuant to the permit does not conform to the
minimum standards set forth in subparagraph (E) of this
section.
2. The Public Works Director shall provide written notice to the
applicant of any denial of a permit under this section and the
reasons for the denial.
3. A permit issued pursuant to this section will include, without
limitation:
a. The name of the permittee.
b. A list of all vehicles, by license place and vehicle identification
numbers, that may be used pursuant to the permit.
c. Identification of the types of solid waste that may be collected
and transported pursuant to the permit and the specific
services that must be provided to customers in connection
with the collection of specified types of solid waste.
d. The effective and expiration dates of the permit.
G. Permit Conditions; Responsibilities of Permittees. The following
conditions/responsibilities apply to all commercial/multi-family solid
waste collection and transportation permits/permittees:
The permittee must comply with all applicable laws and
regulations.
2. A copy of the permit must be kept in each vehicle used for solid
waste collection and transportation under the permit and
produced upon request by any peace officer.
3. Each motorized vehicle used for solid waste collection or
transportation under the permit must be marked with the name
and telephone number of the permittee. Markings must be in
sharp contrast to the background and of such size as to be readily
visible during daylight hours from a distance of fifty feet. Markings
must be applied to each sidewall of a motorized vehicle.
4. Each vehicle used for solid waste collection or transportation
under the permit must be regularly maintained and cleaned. Each
vehicle must be made available for inspection by the Public
Works Director or his/her designee at a location within the City.
The vehicle must be made available for inspection within two
business days of the inspection request.
5. Each vehicle used for solid waste collection and transportation
under the permit must carry proof of liability insurance coverage in
the amounts required by this section.
6. Each container of one cubic yard or more that is used by the
permittee in the course of operations under the permit must be
marked with the name and telephone number of the permittee. All
containers must be maintained in a clean and safe condition. For
the purposes of this subsection, containers include trailers but do
not include motorized vehicles.
7. The permittee must maintain, on a rolling basis, original records
showing, for the immediately preceding twelve months, the type
and weight of all solid waste collected (categorized by solid
67
waste, recyclables, and organics), the location where each load of
waste was collected, and the final destination of each load
collected (categorized by solid waste, recyclables, and organics).
Copies of these records must be submitted to the Public Works
Director upon request.
8. The permittee must submit quarterly reports to the Public Works
Director stating the total number of customers serviced
categorized by service type (solid waste, recycling, and organics);
the customer list of premises/businesses from which each type of
waste was collected; the level of service provided to each
customer, including type and weight of solid waste collected
(categorized by solid waste, recyclables, and organics); the
number of containers; the frequency of service (number of days
per week); and the final destination of each type of waste. All
such reports must be submitted on a form approved by the Public
Works Director. If a property contains both commercial and multi-
family premises, and the permittee provides collection services to
both, the permittee must independently track the solid waste,
organics and recyclables generated by the commercial and multi-
family components of the premises.
9. Each permittee shall be required to ensure that organics and
recycling services are provided for all of its customers. Each
permittee shall, at least once annually, provide educational and
informational literature to its customers and the City describing
the organics and recycling services to be provided, organics and
recyclable materials to be recycled, instructions on how to
participate, and instructions on how to properly separate
recyclable materials and organics to maximize waste diversion.
10. The permittee must provide each commercial and multi -family
premises it serves with the collection containers necessary to
comply with, implement, and achieve State and local diversion
and recycling goals, as applicable. This includes, without
limitation, containers that allow for the source separation of solid
waste, organics and recyclables.
11. Unless an exemption has been granted by the City, the permittee
must provide each business and each multi -family residential
dwelling of five units or more that it serves with the collection
containers necessary to comply with, implement, and achieve
state -mandated goals for the recycling of recyclables and
organics including, without limitation, AB 341 and AB 1826. For
purposes of this subsection, "business" means a commercial or
public entity, including, but not limited to, a firm, partnership,
.:
proprietorship, joint stock company, corporation, or association
that is organized as a for-profit or nonprofit entity. With respect to
the businesses and the multi -family residential dwellings of five
units or more that it serves, the permittee must provide or arrange
for organic waste recycling services consistent with all applicable
State laws and regulations and must assist the City in providing
related education and outreach to, and monitoring of, such
businesses.
H. Insurance Requirements. At all times while doing business in the
City, each permittee must have and maintain commercial general
liability insurance coverage with limits no less than one million dollars
per occurrence and one million dollars in the aggregate.
Revocation.
Grounds for Revocation. A permit issued pursuant to this section
may be revoked by the Public Works Director in accordance with
the procedures set forth herein if the Public Works Director
determines that:
a. The permittee has failed to comply with a term or condition of
operation under the permit;
b. The permittee's conduct under the permit constitutes a
nuisance; or
c. During the permit period, the permittee collected and
transported solid waste that another person had an exclusive
right or privilege to collect and transport pursuant to a valid
franchise agreement.
2. Notice. The Public Works Director will provide written notice of
intent to revoke a permit to the permittee at the address provided
on the permittee's application. The notice will state all applicable
grounds for the revocation and the permittee's right to a hearing
under this section.
3. Hearing. Within fifteen calendar days after the date of the notice
of intent to revoke, the permittee may request a hearing before
the Public Works Director by completing and submitting a written
hearing request form. The hearing will be set for a date no sooner
than twenty days and no later than forty-five days following the
date of the written request for hearing.
NO
4. Effective Date. If no hearing is timely requested, the revocation is
effective fifteen days after the date of the notice of intent to
revoke. If a hearing is held, the Public Works Director shall issue
a written decision within ten days of the hearing. Notice of the
written decision shall be provided to the permittee by regular mail
at the address indicated on the permit and the notice shall be
effective two business days after it is deposited in the United
States Mail. The decision of the Public Works Director will
become effective when the time to appeal to the City Council
expires, unless an appeal to the City Council is timely filed.
5. Appeal of Revocation to the City Council. Any permittee whose
permit is revoked under this section shall have the right, within ten
calendar days after notice of the Public Works Director's decision
is provided, to file a written appeal to the City Council. Any such
appeal must be made on a form provided by the Public Works
Director and must set forth the specific ground or grounds on
which it is based. The City Council shall hold a hearing on the
appeal within 45 days after its receipt by the City, or at a time
thereafter agreed upon, and shall cause the appellant to be given
at least ten days' written notice of such hearing. At the hearing,
the appellant or its authorized representative will have the right to
present evidence and a written or oral argument, or both, in
support of its appeal. The determination of the City Council on the
appeal shall be final.
Prohibitions.
No person shall engage the service of a person for compensation
to collect solid waste from any commercial or multi -family
premises in the City and transport it over a public street or
highway in the City unless the person whose service is engaged
possesses a valid permit issued under this section or is exempt
from the permit requirement.
2. Unless specifically exempt from the permit requirement pursuant
to this section, no person shall collect solid waste from any
commercial or multi -family premises in the City and transport it
over a public street or highway in the City without a valid permit
issued under this section.
3. No person subject to the permit requirement in this section shall
transport solid waste to any location other than:
70
a. A solid waste facility that is lawfully operated under all
required State and local permits, registrations and
enforcement agency notifications; or
b. A recycling facility that, as its principal function, receives
wastes that have already been separated for recycling and
are not intended for disposal, and is lawfully operated in
accordance with all applicable laws and regulations.
c. An organics recycling facility that is lawfully operated in
accordance with all applicable laws and regulations."
71
RESOLUTION NO.
A RESOLUTION OF THE CITY OF EL SEGUNDO
ESTABLISHING FEES FOR COMMERCIAL/MULTI-FAMILY
SOLID WASTE COLLECTION AND TRANSPORTATION
PERMITS AND RESIDENTIAL SELF -HAULING PERMITS
The City Council of the City of EI Segundo resolves as follows:
SECTION 1. The City Council finds as follows -
A. The City Council may establish fees for services under various provisions of
California law including, without limitation, Business & Professions Code § 16000;
Government Code §§ 36936.1, 43000, 54344, 65104, 65456, 65874, 65909.5,
65943, 66013, 66014, 66451.2; and Health & Safety Code §§ 510, 17951,
17980.1, and 19852;
B. On October 1, 2019, City Council heard public testimony and considered evidence
in a public hearing held and noticed in accordance with Government Code §
66018;
C. At the recommendation of the City's Public Works Department, the City Council
believes that it is in the public interest to establish the recommended fees to
recover the costs of public services.
SECTION 2. Approval of Fees. Based on the analysis set forth in the accompanying staff
report and the evidence in the record as a whole, the City Council hereby establishes the
following fees:
A. The annual permit/application fee for a Commercial/Multi-Family Solid Waste
Collection and Transportation Permit for is set at $1,866.00. (ESMC § 5-2-15)
B. The annual permit/application fee for a Residential Self -Hauling Permit for is set
at $338.00. (ESMC § 5-2-10)
SECTION 3. Separate Fee for Each Process. All fees set by this Resolution are for each
identified process; additional fees shall be required for each additional process or service
that is requested or required. Where fees are indicated on a per-unit of measurement
basis, the fee is for each identified unit or portion thereof within the indicated ranges of
such units.
SECTION 4. Added Fees and Refunds. Where additional fees need to be charged and
collected for completed staff work, or where a refund of excess deposited monies is due,
and where such charge or refund is $15.00 or less, a charge or refund need not be made,
pursuant to California Government Code § 50055 and amendments thereto.
72
SECTION 5. New Fees. Any fees for new services established throughout the year shall
be incorporated into the City's fee structure and collected with recovery percent consistent
with similar services.
SECTION 6. Intent. It is the intention of the City Council to review the fees and charges
as determined and set out herein, based on the City's next Annual Budget and all of the
City's costs reasonably borne as established at that time and, if warranted, to revise such
fees and charges based thereon.
SECTION 7. Unless otherwise revised, the fees established by this Resolution will be
automatically adjusted on an annual basis at the beginning of each fiscal year based on
the most recent reported June annual percentage of change in the United States
Department of Labor, Bureau of Labor Statistics' Los Angeles -Riverside -Orange County
CPI -U for the calendar year. The first fee adjustment may not be made before a minimum
of twelve months after the effective date of this Resolution.
SECTION 8: CEQA. This Resolution is exempt from review under the California
Environmental Quality Act (Cal. Pub. Res. Code §§ 211 000. et seq.; "CEQA") and CEQA
regulations (14 Cal. Code Regs. §§ 15000, et seq.) because it establishes, modifies,
structures, restructures, and approves rates and charges for meeting operating expenses;
purchasing supplies, equipment, and materials; meeting financial requirements; and
obtaining funds for capital projects needed to maintain service within existing service
areas. This Resolution, therefore, is categorically exempt from further CEQA review under
14 Cal. Code Regs. § 15273.
SECTION 9. Effective Date. This resolution shall go into full force and effect immediately
and will remain effective unless repealed or superseded.
SECTION 10. Severability. If any portion of this Resolution is declared invalid or
unconstitutional, then it is the intention of the City Council to have passed the entire
Resolution and all its component parts, and all other sections of this Resolution shall
remain in full force and effect.
SECTION 11: The City Clerk will certify to the passage and adoption of this Resolution;
will enter the same in the book of original Resolutions of said City; and will make a minute
of the passage and adoption thereof in the record of proceedings of the City Council of
said City, in the minutes of the meeting at which the same is passed and adopted.
PASSED, APPROVED, AND ADOPTED this 1st day of October, 2019.
AYES:
NOES:
ABSENT:
ABSTAIN:
73
2
Drew Boyles, Mayor
ATTEST:
Tracy Weaver, City Clerk
APPROVED AS TO FORM:
Mark D. Hensley, City Attorney
74
EL SEGUNDO CITY COUNCIL MEETING DATE: October 1, 2019
AGENDA STATEMENT AGENDA HEADING: Staff Presentation
AGENDA DESCRIPTION: Consideration and possible action regarding first reading and
introduction of an ordinance regulating sidewalk vendors in accordance with state law.
Pursuant to the provisions of the California Environmental Quality Act, the proposed ordinance is
exempt from further review (CEQA Guidelines § 15061(b)(3)), because it consists only of minor
revisions to the City's Municipal Code and does not have the potential for causing a significant
effect on the environment.
(Fiscal Impact: None with this action.)
RECOMMENDED COUNCIL ACTION:
1. Waive first reading and introduce an Ordinance regulating sidewalk vendors and
amending certain existing sections to conform with the new regulations;
2. Schedule second reading of the ordinance at the City Council's next regularly
scheduled meeting;
3. Alternatively, discuss and take other possible action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
1. Proposed Ordinance No.
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: Enhance the public safety in the City's streets and sidewalks.
PREPARED BY: Finance Departmrt, City Attorney's office
APPROVED BY: Scott Mitnick, City Manager 2VL �,o,, 5_ 1
DISCUSSION:
Current Rep-ulations
The City's vending and peddling regulations are currently dispersed throughout several chapters
and sections of the City's Code. For example, the City's Business License Regulations currently
require peddlers and transient food vendors to obtain a business license and a special permit issued
by the City Council. Other regulations, such as a prohibition on leaving merchandise or food on
City sidewalks or parkway, and a prohibition on cooking, preparing or serving food within City
parks except in designated areas, are in Titles 7 and 10 of the City's Code.
X
75
Safe Sidewalk Vending Act (Government Code U 51036, et seq.)
In 2018, the "Safe Sidewalk Vending Act" was adopted by the Legislature and became law in
2019. The Act (Government Code §§ 51036, et seq.) decriminalizes sidewalk vending and
establishes various requirements for local regulation of sidewalk vendors. Cities are authorized to
create a permitting program to regulate sidewalk vendors, but any regulations must be objectively
related to health, safety or welfare concerns.
Proposed Ordinance
The proposed ordinance, if adopted by the City Council, would do the following:
1. Create a comprehensive Sidewalk Vendor Program. The program requires
sidewalk vendors to obtain a business license and a sidewalk vendor permit. Any
violations of the program are subject to administrative citation and fines (not
criminal penalties).
2. Outline certain location and operational requirements. For example, pursuant
to state law, the City may prohibit sidewalk vendors from operating within
proximity of the City's certified farmer's market or a special event. The ordinance
also would prohibit sidewalk vendors from selling junk food (as defined) within
proximity of a school while it is in session. Stationary sidewalk vendors (as
defined) would be prohibited from operating in residential zones.
3. Ensure sidewalk vendors must comply with L.A. County Health Department
regulations. Under the proposed ordinance, and as permitted by state law, any
applicant who intends to sell food must also provide proof of either a Food Handler
Card or Certified Food Protection Manager certificate, if applicable, and certify that
the pushcart, stand, display, pedal -driven cart, wagon, showcase, rack or other
nonmotorized conveyance used has been approved by the County Health
Department for that particular type of food.
4. Revise certain existing Code requirements relating to peddling and so-called
"transient vendors" to conform with the new proposed Program. Proposed
changes include having the sidewalk vendor permit be issued by the City's Finance
Director rather than by the City Council.
If introduced by the City Council, the proposed ordinance would be scheduled for second reading
at the City Council's next regularly scheduled meeting.
2 76
ORDINANCE NO.
AN ORDINANCE AMENDING EL SEGUNDO MUNICIPAL CODE TITLE 4
AND SECTIONS 7-6-5 AND 10-1-4 TO REGULATE SIDEWALK
VENDING IN ACCORDANCE WITH STATE LAW
The City Council of the City of EI Segundo does ordain as follows:
SECTION 1. The City Council finds and determines as follows:
A. The City of EI Segundo, pursuant to the police powers delegated to it by the
California Constitution, has the authority to enact laws which promote the
public health, safety and general welfare of its residents. Furthermore,
Government Code § 38771 authorizes the city to declare what constitutes
a nuisance by ordinance;
B. In 2018, Senate Bill 946, the "Safe Sidewalk Vending Act," became law
(Gov. Code § 51036 et seq.). The Act decriminalized sidewalk vending
and allowed, among other things, the sale of food from a pushcart, stand,
display, pedal -driven cart, wagon, showcase, rack, or other nonmotorized
conveyance upon a public sidewalk or pedestrian path;
C. Amendments to the EI Segundo Municipal Code (ESMC) implemented by
this Ordinance are necessary to create a Sidewalk Vending Program that
will provide licensing regulations of street vendors in EI Segundo and limit
penalties to a specified schedule of fines, consistent with state law;
D. The City Council finds it is in the public interest to adopt this ordinance to
regulate sidewalk vending consistent with state law; and preserve public
health, safety and welfare.
SECTION 2. Factual Findings and Conclusions. The City Council finds that the following
facts exist and makes the following conclusions:
A. The City is a safe, family friendly environment where families regularly enjoy
outdoor activities, including organized youth sports leagues in city parks and
the City's certified farmer's market on Thursday nights in downtown. While
the City Council respects the desire of micro -entrepreneurs to conduct
sidewalk vending in commercial areas, the City Council desires to ensure
residents' use and enjoyment of the City's natural resources and
recreational opportunities and prevent commercial activity that interferes
with scenic and natural character of city parks;
B. The City has a strong interest in ensuring appropriate flow of traffic within
the City and ensuring the safety of pedestrians on the road or sidewalk;
C. Street food vending has become an important public health issue and a
great concern due to widespread food borne diseases caused, in part, by
food vendors who lack an adequate understanding of basic food safety and
Pagel of 13 77
food -handling requirements. Major sources contributing to microbial
contamination are the place of preparation, utensils for cooking and serving,
raw materials, time and temperature of cooked foods and the personal
hygiene of vendors;
D. Contamination of street foods may often be linked to the waste generated
and dumped near the vending site. The lack of facilities for liquid drainage
and wastewater and garbage disposal encourages wastes to be thrown
nearby, sometimes in streets and storm drains, large amounts of which
harbor insects and animal pests that are linked to enteric disease
transmission;
E. Obesity, especially among children and adolescents, is a critical issue. A
policy restricting the proliferation of unhealthy food sources near school
campuses and promoting the sale of healthier food near schools may help
address this epidemic locally; and
F. There is a need to regulate the sale of food and merchandise in the public
right-of-way to ensure that vendors prepare food safely, and according to
the requirements of the Los Angeles County Department of Public Health;
to prevent unsanitary conditions; to ensure trash and debris are removed
by vendors; and to safeguard pedestrian movement on the sidewalk.
SECTION 3. Environmental Assessment. The City Council finds that the Ordinance is not
subject to review under the California Environmental Quality Act ("CEQA") under CEQA
Guidelines section 15061(b)(3) because it can be seen with certainty that there is no
possibility that the Ordinance may have a significant effect on the environment. Adopting
this Ordinance will not have the effect of deleting or substantially changing any regulatory
standards or required findings. This Ordinance would not result in any development or
changes to the physical environment. Following an evaluation of possible adverse
impacts, it can be seen with certainty that there is no possibility that the Ordinance will
have a significant effect on the environment.
SECTION 4. ESMC Section 4-2-35 is amended as follows:
"4-2-35: PEDDLING:
A. Generally: Every person peddling services, not otherwise mentioned in
this Chapter, shall pay a business license tax of one hundred three dollars
($103.00) per year, and shall obtain a special permit from the City 4
to do so prior to engaging in such activities. Tho City C�unail r -..\-,y czenditiee
suGh p rmit in any man r.r rrat prvhibitcs! by law.
B. Food: Every person peddling foods, foodstuffs, and food products, other
than from catering food trucks, shall pay a business license tax of fifty
dollars ($50.00) per year where the person is on foot, and one hundred
three dollars ($103.00) per year where the same is sold from a vehicle, and
shall obtain a special permit from the City Cyto do so pursuant to
2 78
Chapter 4-15 of this Code prior to engaging in such activities. The GitY
ounoil may vcnMtion a°.soh parnit in Qny mannor not prohibitcd by laxrt�
C. Miscellaneous Merchandise: Every person peddling any goods, wares,
magazines, or merchandise not otherwise provided for in this Chapter, shall
pay a business license tax of ten dollars ($10.00) per day where such
person is on foot, and twenty dollars ($20.00) per day where the same is
sold from a vehicle, and shall obtain a special permit from the City GOURGil
to do so pursuant to Chapter 4-15 of this Code prior to engaging in such
activities. Thc Gty Gvjrr�il ma j oonditbn TUch pormit in any manner no
pmhibit3� by law-.
D. Popcorn, Souvenirs: Every person peddling popcorn, peanuts, gum,
candy, confections, or toys, such as balloons, flags, pennants, banners,
canes, buttons, badges, horns, musical or noise making instruments,
serpentines, souvenirs, and similar articles shall pay a license fee of ten
dollars ($10.00) per day where the same is sold from a vehicle, and shall
obtain a special permit from the City oto do so prior to engaging in
such activities. Tho City Ccuncil may condition cuoh permit in sny mann&F
nit prohibited �y lsv;."
SECTION 5. Subsection (A) of ESMC Section 4-2-42 is amended as follows:
"4-2-42: TRANSIENT VENDORS, MERCHANTS:
A. Transient Food Vendors: Every transient food vendor shall pay a
business license tax of forty-eight dollars ($48.00) per day, and shall obtain
a special permit from the City +-to do so pursuant to Chapter 4-15
prior to engaging in such activities. The City Coanoil mzy c niMicn cuch
permit in any rnannar not prohiObD, by lsw."
SECTION 6. ESMC Title 4 is amended to add a new Chapter 15 to read as follows:
"Chapter 15 SIDEWALK VENDOR PROGRAM.
§ 4-15-1: PUPRPOSE:
This Chapter is adopted pursuant to the city's police powers and
Government Code §§ 51036 et seq., including any successor
statutes, for the purpose of regulating the sale of food and
merchandise on the city's sidewalks and pedestrian paths.
§ 4-15-2: DEFINITIONS:
For the purposes of this chapter, the following definitions apply.
Words and phrases undefined in this Code have the same meaning
as such words and phrases in Title 8 of the Public Health Code of
Los Angeles County:
3 79
A. "Certified Farmer's Market" means a California agricultural
product point-of-sale location that is registered under, and
operated in accordance with Food and Agriculture Code §§
47000, et seq.
B. "Junk Food" means any food or beverage that is low in essential
nutrients, protein, vitamins or minerals and high in calories,
sodium, sugar and fat. Junk Foods include, without limitation,
soda, candy, chips, ice cream, hot dogs or processed meat and
chocolates.
C. "Pedestrian Path" means a footpath, not adjacent to a road, which
is intended for use only by pedestrians, tricycles, strollers or baby
carriages.
D. "Sidewalk Vendor" means a vendor who sells food or
merchandise from a pushcart, stand, display, pedal -driven cart,
wagon, showcase, rack, or other nonmotorized conveyance, or
from one's person, upon a public sidewalk or pedestrian path.
E. "Special Event" includes an event that requires a city -issued
permit for the temporary use of, or encroachment on, the sidewalk
or other public area including, without limitation, an
encroachment permit, special event permit, or temporary event
permit. For purposes of this chapter, "Special Event" also
includes organized youth sports league events and games and
city -sponsored events.
F. "Stationary Sidewalk Vendor" means a sidewalk vendor who sells
food or merchandise from a fixed location.
G. "Swap Meet" is as defined in Business and Professions Code §
21661, as may be amended.
H. "Roaming Sidewalk Vendor" means a sidewalk vendor who sells
food or merchandise while continuously moving from place to
place and who only stops temporarily to complete a transaction.
"Vendor" means a person, individual, firm, co -partnership, joint
venture, association, corporation, or any other group or
combination acting as an entity, that sells, offers for sale, solicits
for purchase, or exposes or displays for sale, any food, beverage
or merchandise, or to require someone to negotiate or establish
to pay a fee before providing food, beverages or merchandise,
even if characterized as a donation.
§ 4-15-3: SIDEWALK VENDOR PERMIT REQUIRED; EXEMPTION:
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A. No person or vendor may operate as a sidewalk vendor on a
public sidewalk, park, parkway, median, land, property,
pedestrian path or any other land or property under the city's
control, unless the city has issued such person a sidewalk
vending permit and city business license.
B. No pushcart, stand, display, pedal -driven cart, wagon, showcase,
rack or other nonmotorized conveyance may be used for the sale
of food or merchandise from the public sidewalk, park, parkway,
median, land, property, pedestrian path or any other land or
property under the city's control, anywhere in the city without first
obtaining a sidewalk vending permit for such activity.
C. The sidewalk vending permit is valid for 12 months after being
issued, unless revoked or suspended, and may be renewed at
any time before expiration. A maximum of one sidewalk vending
permit may be issued to a vendor. A sidewalk vending permit may
not be issued to pushcarts, wagons, or other nonmotorized
conveyances. Sidewalk vending permits are nontransferable.
D. A bona fide charity is exempt from the permit requirements of this
chapter and is otherwise regulated pursuant to Business and
Professions Code § 17510 of seq.
E. City -permitted filming and special event permits shall have
priority over sidewalk vending permits.
§ 4-15-4: APPLICATION:
A. To apply for a sidewalk vending permit, the applicant must
provide to the city all of the following information under penalty of
perjury:
1. The applicant's full name and a social security number or
California Driver's License, California Identification Card
number, or individual taxpayer identification number;
2. Proof of a valid California Department of Tax and Fee
Administration seller's permit;
3. The name, telephone number and current mailing address
of the sidewalk vendor;
4. The name and business address of the principal if the
sidewalk vendor is an agent of an individual, company,
partnership or corporation;
5. A complete description of the food or merchandise offered
for sale or exchange. Any applicant who intends to sell
food must also provide proof of either a Food Handler Card
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or Certified Food Protection Manager certificate, if
applicable, pursuant to Health and Safety Code §§
113700-114437, and certify that the pushcart, stand,
display, pedal -driven cart, wagon, showcase, rack or other
nonmotorized conveyance used has been approved by the
County Health Department for that particular type of food;
6. Proof of liability insurance and signed indemnification in
favor of the city, in an amount not less than $500,000 for
property damage, including injury resulting in death,
caused by the operation of the vending business; and
7. A complete description of any ancillary items that the
applicant intends to use in conjunction with sales
including, without limitation, small tables, trash
receptacles, chairs, umbrellas and umbrella stands, or
other similar items.
B. Applicants must agree in writing to abide by the location and
operational requirements stated in this chapter.
C. Each application must be in writing on forms approved by the city,
and the application must be accompanied by the nonrefundable
fee established by City Council resolution.
D. Sidewalk vendors may not be permitted as a permanent or
proprietary location in any property within the city.
E. The Finance Director or designee is responsible for issuing
sidewalk vending permits and may promulgate any additional
requirements for the issuance of such permits, provided such
requirements comply with this chapter, this Code and state law.
The Director's decision with respect to a sidewalk vendor permit
application may be appealed to the City Manager. The City
Manager's decision is the City's final decision.
§ 4-15-5: LOCATION REQUIREMENTS:
A. Sidewalk vendors must maintain a clearance of no less than 4
feet (48 -inches) upon every sidewalk or pedestrian path in order
to comply with the Americans with Disabilities Act of 1990 (Public
Law 101-336).
B. Stationary sidewalk vendors may not operate in any of the city's
residential zones; roaming sidewalk vendors may sell food or
merchandise within residential zones, provided the vendor moves
continuously and only stops temporarily to complete a
transaction.
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C. Sidewalk vendors may not offer junk food within 300 feet of any
kindergarten, elementary school junior high school or senior high
school, between the hours of 6:00 a.m. and 6:00 p.m., when such
school is in session.
D. Sidewalk vendors may not operate within 300 feet of a certified
farmer's market, swap meet, or area designated for a special
event, during the event's limited duration. City -permitted filming
and special event permits shall have priority over sidewalk
vending permits.
E. Stationary sidewalk vendors may not operate within any city -
owned park with an operative agreement between the city and a
concessionaire for the exclusive sale of food or merchandise by
the concessionaire.
F. Sidewalk vendors may not operate:
1. Where placement impedes the flow of pedestrian traffic by
reducing the clear space to less than 6 feet, or impedes
egress from, access to or the use of abutting property; or
2. In any location were vending operations endangers the
safety of persons or property including, but not limited to,
3 feet from any parking lot or driveway apron, or as
determined on a site-specific basis by the City Engineer or
Police Department.
G. No vendor may use the median strip of a divided roadway.
§ 4-15-6: OPERATING REQUIREMENTS:
A. A cart approved by the health department to vend one particular
type of food may not be used to vend a different type of food.
B. A cart used for Sidewalk Vending must not exceed a length of 72
inches (6 feet), a width of 54 inches (4Y2 feet), or a height,
including a roof or awning, of 78 inches (6%2 feet). An applicant
may request, and the City may approve, a table for condiments
to be used in conjunction with a cart selling food. Such table must
not exceed a length of 48 inches (4 feet) and a width of 24 inches
(2 feet). A vendor may only set up and use furniture as expressly
approved by the City.
C. All sidewalk vendors must allow a police officer, firefighter, code
enforcement officer, health inspector or other government official
charged with enforcing laws relating to street vendor activities, at
any time, to inspect the vendor's cart for compliance with the
requirements of this chapter and to ensure the safe operation of
any heating elements used to prepare food.
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D. A vendor must operate according to its approved hours of
operation. The Finance Director may impose reasonable hours
of operation for sidewalk vendors, provided that for sidewalk
vending in nonresidential areas, the Director may limit the hours
of operation in a manner consistent with other businesses or uses
on the same street(s) in such areas. Vending in city parks is only
permitted during park operating hours.
E. Stationary sidewalk vendors must provide a trash receptacle and
recycling container for customers and ensure proper disposal of
customer trash, when necessary, during all hours of operation.
The trash receptacle and recycling container must be large
enough to accommodate customer trash without resorting to
existing trash receptacles and recycling containers provided by
the city for use by the general public. A sidewalk vendor may not
dispose of customer trash in existing receptacles provided by the
city. Sidewalk vendors must prevent the accumulation of solid
waste in quantities that are unreasonable or detrimental to the
public health or safety.
F. Sidewalk vendors must keep the immediate area around them
clean and free of trash or liquids during hours of operation.
Vendors must pick up and properly discard any trash associated
with the vendor's activities, and clean up any spilled or leaked
liquids on the sidewalk or pedestrian path before leaving the area.
G. All applicable permits, including the city -issued sidewalk vending
permit, must be displayed in plain view at all times.
H. A pushcart, stand, display, pedal -driven cart, wagon, showcase,
rack or other nonmotorized conveyance, or ancillary vending
items or equipment must not be left unattended or chained or
fastened to any pole, sign, tree or other object in the public right-
of-way, or be left unattended and intruding in the public right-of-
way. Any pushcart, stand, display, pedal -driven cart, wagon,
showcase, rack or other nonmotorized conveyance in violation of
this subsection may be confiscated.
1. A sidewalk vendor must provide their own, independent source
of electricity and other utilities for the cart's operation. A sidewalk
vendor may not connect a cart to an external source of electricity,
water or any other utilities while located on public property.
J. A sidewalk vendor may not burn wood or barbeque briquettes.
K. Merchandise may not be placed directly onto the public right-of-
way without the City's express approval.
L. Sidewalk vendors may not offer services or any illegal or
counterfeit merchandise. No sidewalk vendor may sell any
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alcohol-related beverage, tobacco or electronic vaping products;
cannabis products; weapons, including knives, guns or explosive
devices; pharmaceuticals; or other similar products.
M. All signs associated with a sidewalk vendor must be affixed to the
cart or conveyance. A sidewalk vendor must not display any
signage that is potentially distracting to motorists, including but
not limited to, flashing signs, LED lights or lasers.
N. Vendors must comply with the noise requirements outlined in
Chapter 7-2 of this code, particularly with regard to the
amplification of voices, music or sound.
O. Sidewalk vendors may not operate vending tricycles, icicle trikes,
bicycle vending carts or the like, in any city park.
§ 4-15-7: REVOCATION OR SUSPENSION OF PERMIT:
A. Whenever any person fails to comply with any provision of this
Chapter, or any rule or regulation adopted pursuant hereto, or
with any other provision or requirement of law, including, but not
limited to, this Code or any grounds that would warrant the denial
of initial issuance of a permit hereunder, the City Manager, after
giving such person 10 days' notice in writing to the address stated
on the application and specifying the time and place of hearing
and requiring him/her to show cause why his/her permit should
not be revoked, will conduct a hearing. If permit violations are
shown by substantial evidence, the City Manager may revoke or
suspend any permit. The City will not issue a new permit after the
revocation of a permit unless it is satisfied that the applicant will
thereafter comply with all provisions of this Chapter and the rules
and regulations adopted thereunder and all other applicable
provisions of law, and until the City Manager collects a fee in an
amount sufficient to recover the actual costs of processing the re-
application.
B. The City Manager will provide the permittee with written notice of
the revocation by certified mail addressed to the permittee's
address.
C. Any person who vends, peddles or sells any goods or
merchandise after such person's permit has been suspended or
revoked, and before such suspended or revoked permit has been
reinstated or a new permit issued, is subject to administrative
penalties pursuant to Section 4-15-7.
§ 4-15-8: VIOLATIONS AND PENALTIES:
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A. Any violation of this chapter is deemed to be a public nuisance
and each day such condition continues will be regarded as a new
and separate offense. Violations of this Chapter will be subject to
administrative penalties, enumerated in subsections C and D
below and administered pursuant to Chapter 1-2A of this Code.
Any administrative fines issued pursuant to this chapter may be
appealed pursuant to Chapter 1-2A of this Code.
B. It is unlawful for any person engaged in sidewalk vending,
solicitation or peddling as described herein to fail or refuse to
display or show said identification card upon demand for the
display thereof by an officer of the city, or by any person being
solicited by said solicitor.
C. Any vendor who operates without a duly -issued sidewalk vending
permit will be subject to the following fines:
1. An administrative fine of $250 for a first violation;
2. An administrative fine of $500 for a second violation within
one year of the first violation;
3. An administrative fine of $1,000 for a third or subsequent
violation within one year of the first violation.
The city may reduce these fines for any vendor who
subsequently obtains a valid permit.
D. A person who violates any provision of this chapter other than
vending without a duly -issued sidewalk vending permit is subject
to the following fines:
1. An administrative fine of $100 for a first violation;
2. An administrative fine of $200 for a second violation within
one year of the first violation; and
3. An administrative fine of $500 for a third or subsequent
violation within one years of the first violation. Alternatively,
the city may revoke the permit issued upon a fourth or
subsequent violation.
E. When assessing an administrative fine, the city must take into
consideration the violator's ability to pay the fine. If either of the
following are true, the violator may remit to the city 20% of the
administrative fine imposed:
1. The violator is receiving public benefits under one or more
of the following programs: (i) Supplemental Security
Income (SSI) and State Supplementary Payment (SSP);
(ii) California Work Opportunity and Responsibility to Kids
Act (CalWORKs) or a federal Tribal Temporary Assistance
for Needy Families (Tribal TANF) grant program; (iii)
Supplemental Nutrition Assistance Program or the
California Food Assistance Program; (iv) County Relief,
General Relief (GR), or General Assistance (GA); (v) Cash
Assistance Program for Aged, Blind, and Disabled Legal
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Immigrants; (vi) In -Home Supportive Services (IHSS); or
(vii) Medi -Cal; or
2. The violator's monthly income is 125% or less of the
current poverty guidelines updated periodically in the
Federal Register by the United States Department of
Health and Human Services under the authority of
paragraph (2) of Section 9902 of Title 42 of the United
States Code.
F. Any fine required to be paid under the provisions of this chapter
shall be deemed a debt owed by the person to the city. Any
person owing money to the city under the provisions of this
chapter shall be liable to an action brought in the name of the city
for the recovery of such amount."
SECTION 7. ESMC Section 7-6-5 is amended as follows:
7-6-5: MERCHANDISE. FOOD OR PERSONAL PROPERTY ON
STREETS OR SIDEWALKS:
A. Leaving Merchandise Food or Personal Property Prohibited: Unless
the citv has issued a sidewalk vending permit or otherwise
approved of such activities, nNo person shall leave or permit to
remain in or upon any sidewalk or in or upon any parkway in any street
within the city, any merchandise, fruit, melon, vegetable, meat, or any
baggage or any article of personal property. A violation of this
subsection by anv person in the act of peddling or vendinq is not
punishable as an infraction but by the issuance of an
administrative citation, as outlined in Section 4-15-8 of this Code.
B. Placement Of Containers: Except in the discharge or performance of
official duty, no person shall place any boxes, barrels or other
receptacles for or containing goods, wares, merchandise or any other
articles or things in or upon any public street, whether in the roadway or
on the sidewalk, or in the parkway thereof, with the intent or for the
purpose of unpacking or removing the contents thereof upon the streets,
sidewalks or parkways, and except in the discharge or performance of
official duty, no person shall unpack or remove the contents of or from
any such box, barrel or other receptacle for or containing goods, wares,
merchandise or any other articles or things while the same is in or upon
any street, sidewalk or parkway; provided, however, that the provisions
of this subsection shall not prevent peddlers or sidewalk vendors duly
licensed by the city from merchandising their produce or wares in a
proper and usual manner incident to the business of peddling. A
violation of this subsection by anv person in the act of peddlinq or
vendinq is not punishable as an infraction but by the issuance of
an administrative citation, as outlined in Section 4-15-8 of this
Code."
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SECTION 8. Subsection (1) of ESMC Section 10-1-4 is amended as follows:
I. Park Rule Nine; Cooking: No person within any public park shall cook,
prepare or sell, cordo eF oat any food Ismoh, berLNeo" cr picnic except
at the places provided, or unless the citv has issued a sidewalk
vendinq permit or otherwise approved of such activities therefer.
SECTION 9. Validity of Previous Code Sections. If the entire Ordinance or its application
is deemed invalid by a court of competent jurisdiction, any repeal of the ESMC or other
regulation by this Ordinance will be rendered void and cause such ESMC provision or
other regulation to remain in full force and effect for all purposes.
SECTION 10. Reliance on Record. Each and every one of the findings and
determinations in this Ordinance 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 City
Council in all respects and are fully and completely supported by substantial evidence in
the record as a whole.
SECTION 11. Preservation. Repeal or amendment of any previous Code Sections does
not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and
imposition of penalties for any violation occurring before this Ordinance's effective date.
Any such repealed part will remain in full force and effect for sustaining action or
prosecuting violations occurring before the effective date of this Ordinance.
SECTION 12. Severability. 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 provision or application and, to this end, the
provisions of this Ordinance are severable.
SECTION 13. The City Clerk, or her duly appointed deputy, 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 fifteen (15) days after the passage and adoption of
this Ordinance, cause it to be published or posted in accordance with California law.
SECTION 14. Effective Date. This Ordinance will become effective on the 31St day
following its passage and adoption.
PASSED AND ADOPTED this day of . 2019.
ATTEST:
Drew Boyles, Mayor
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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 , 2019, 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 , 2019, and the same
was so passed and adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN -
Tracy Weaver, City Clerk
APPROVED AS TO FORM:
Mark D. Hensley, City Attorney
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