CC RESOLUTION 5311RESOLUTION NO. 5311
A RESOLUTION APPROVING THE IMPROVEMENT AND
MAINTENANCE COOPERATION AGREEMENT AND
RELATED PAYMENT ACCOUNT FOR STREET
IMPROVEMENTS AT THE UNION PACIFIC RAILROAD
CROSSING ON AVIATION BOULEVARD PROJECT
The City Council of the city of El Segundo does resolve as follows:
SECTION 1. Findings. The City Council finds and declares as follows:
A. The cities of Hawthorne ("Hawthorne") and El Segundo ("City or "El
Segundo") have negotiated the terms of a Street Improvement and
Maintenance Cooperation Agreement ("Agreement") for Street Improvements
at the Union Pacific Railroad ("UPRR") crossing on Aviation Boulevard Project
("Project"), including Project plans and designs;
B. The City Council wishes to obtain the immunities set forth in Government
Code § 830.6 with regard to the Project's plans and designs as set forth in the
Agreement.
C. The approval proposed in this Resolution precedes the initiation of Project
improvement construction.
SECTION 2. Approval, Direction. The City Council:
A. Approves the form of the Agreement accompanying the agenda report
accompanying this Resolution for presentation to the City Council, including
the specifications for Project plans and designs.
B. Authorizes the City Manager, or designee, to execute the Agreement and any
necessary associated documentation with the Agreement, subject to any
necessary and reasonable amendments approved by the City Engineer, or
designee, and the City Attorney, or designee.
C. Intends its approval and authorization to enable the immunities set forth in
Government Code § 830.6.
D. Establishes a fund to administer the Agreement with sufficient monies from
the fiscal year budget to finance Project expenses ("Project Payment
Account") and directs the Finance Director to create and administer
appropriate funding, in coordination with the City Engineer, or designee. The
Project Payment Account will be the sole source of funds available for the
"Contract Sum," as defined in the Agreement to administer the Project.
SECTION 3. Severability. If any part of this Resolution or its application is deemed
invalid by a court of competent jurisdiction, the City Council intends that such
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invalidity will not affect the effectiveness of the remaining provisions or applications
and, to this end, the provisions of this Resolution are severable.
SECTION 4. Electronic Signatures; Signature Authority.
A. This Resolution and the Improvement and Maintenance Cooperation
Agreement may be executed with electronic signatures in accordance with
Government Code §16.5. Such electronic signatures will be treated in all
respects as having the same effect as an original signature.
B. The Mayor, or presiding officer, is hereby authorized to affix his signature to the
Improvement and Maintenance Cooperation Agreement signifying its adoption
by the City Council of the City of El Segundo, and the City Clerk, or her duly
appointed deputy, is directed to attest thereto.
SECTION 5. Effective Date. This Resolution will take effect immediately upon
adoption and will remain effective unless repealed or superseded.
City Clerk Direction. The City Clerk will certify to the passage and adoption of this
Resolution, enter it in the City's book of original Resolutions, and make a record of
this action in the meeting's minutes.
SECTION 6. City Clerk Direction. The City Clerk will certify to the passage and
adoption of this Resolution, enter it in the City's book of original Resolutions, and
make a record of this action in the meeting's minutes.
PASSED, APPROVED AND ADOPTED this 15th day of February, 2022.
ATTEST;
r" owo-)
Tracy Wea City Clerk
APPROVED AS TO FORM:
Mark D. Hensley, City Attorney
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CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO )
I, Tracy Weaver, City Clerk of the City of El Segundo, California, do hereby certify that
the whole number of members of the City Council of said City is five; that the foregoing
Resolution No. 5311 was duly passed and adopted by said City Council, approved and
signed by the Mayor of said City, and attested to by the City Clerk of said City, all at a
regular meeting of said Council held on the 15th day of February, 2022, and the same was
so passed and adopted by the following vote:
AYES:
Mayor Boyles, Mayor Pro
Council Member Nicol and
NOES:
None
ABSENT:
None
ABSTAIN:
None
Iem Pimentel, Council Member Pirsztuk,
Council Member Giroux
WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this day of February,
2022.
Tr yWeaver, City Clerk
of t 'e City of El Segundo,
California
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