1995 AUG 01 CC PACKETAGENDA
EL SEGUNDO CITY COUNCIL
COUNCIL CHAMBERS - 350 Main Street
The City Council, with certain statutory exceptions, can only take action upon properly posted
and listed agenda items
The Public can participate in the discussion of any item listed on the Agenda To facilitate your
presentation, please place a check mark ✓ beside each item you would like to address on the
Agenda provided by the City Clerk, preferably PRIOR to the start of the meeting Any other
item not listed on the Agenda that is within the jurisdiction of the City Council may be directly
addressed during Public Communications
Before speakuig to the City Council, please come to the podium and give Your name and
address 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 in the prior Tuesday) The request must include a brief general description of the business to
be transacted or discussed at the meeting
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City
Cleric, 607 -2208 Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to
this meeting
,, n 1, 1995 00 PM
DI V.t I mt
I-0 Ur Url C 4l .L
itTI7I
PUBLIC COMMUNICATIONS - (Related to (Sty Business Only) - 5 minute limit per person, 30 minute
limit total)
CLOSED SESSION
The City Council may move into a closed session pursuant to applicable law, including the
Brown Act (Government Code Sec 54950, gi s.) 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 Govt Code section 54957
(Personnel), and/or conferring with the City's Labor Negotiators as follows:
CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Govt Code Section 54956 8) -
None.
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Govt Code Section
54956 9(a))
1 Hamson vs City of El Segundo et al, USDC Case No. CV94- 8264DT (BQRx)
2 Vivian v City of El Segundo, Case No. BC 122791
3 United States v. Montrose Chemical Corporation, et al. No CV 90- 3122- AAH(JRx)
4 Kilroy Airport Assoc. etc v City of El Segundo, LASC Case No BS034343
5 City of El Segundo v. LAX, LASC Case No BC130859
6 El Segundo Auto Body v West Basin Municipal Water District and City of El
Segundo, Case No. YCO23740
7 Glenn Barrier v City of El Segundo, LASC Case No. YCO 19914
8 Marion v City of El Segundo, Case No BC049301
k�, r 02
9 Allison v. City of El Segundo, LASC Case No YCO21971
10 Hmchman v. City of El Segundo, Case No YCO23033
11. Fragale, et al. v City of El Segundo, Case No YCO23177
12 City of El Segundo v Ommsky, Case No 95SO2002
13 Jon/Dave Prescott v City of El Segundo, Case No. 95SO2620
14 Skanch v City of El Segundo, LASC Case No YC 023866
15 Mmer v City of El Segundo, WCAB Case No 93 NOR 195454
CONFERENCE W M LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to Gov't Code 54956 9(b) 34 potential cases (no
further public statement is required at this time), Imtation of litigation pursuant to Gov't
Code Section 54956 9(c)• 3 matters
OF PERSONNEL MATTERS (Gov't Code Section 54957) 2 matters
CONFERENCE WITH CITY'S LABOR NEGOTIATOR - (Gov't Code Section 54957 6)
3 matters. Bob Hyland, Human Resources Director, re Employee Organizations. General
Employee Association, Police Officers Association; and Supervisory & Professional
Association
REPORT OF ACTION TARN IN CLOSED SESSION (if required)
PUBLIC COMMUNICATIONS - (Related to City Business Wy - 5 minute limit)
POSTED.
DATE a 6
TINIE
NAME
4; 03
AGENDA
EL SEGUNDO CITY COUNCIL
COUNCIL CHAMBERS - 350 Main Street
The City Council, with certain statutory exceptions, can only take action upon properly posted and listed agenda items
The Public can participate in the discussion of any item listed on the Agenda To facilitate your presentation, please place a
check mark ✓ beside each item you would like to address on the Agenda provided by the City Clerk, preferably PRIOR to the
start of the meeting Any other item not listed on the Agenda that is within the jurisdiction of the City Council may be
directly addressed during Public Communications
Before speaking to the City Council, please come to the podium and give Your name and address 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 in the prior Tuesday) The request must include a brief
general description of the business to be transacted or discussed at the meeting
N compliance with die Americans with Disabilities Act, if you need special assistance to paiddpate in dds meeting, please context City Clerk, 607 -2208
Notification 48 hours prior to the meeting will enable the Qty to make reasonable anangements to emure accessibility to tlds meeting
REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, AUGUST 1, 1995 - 7:00 P.M.
Next Resolution # 3933
Next Ordinance # 1238
CALL TO ORDER
INVOCATION - Rev Donald Chisholm, Church of Christ
PLEDGE OF ALLEGIANCE - Councilwoman Friedkin
PRESENTATIONS -
Proclamation encouraging all residents to participate in the Green Line Opening Day
Ceremonies on August 12, 1995
ROLL CALL
PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit per person, 30 minute
limit total)
A. PROCEDURAL MOTIONS
1 Consideration of a motion to read all ordinances and resolutions on this Agenda by title
only
Recommendation - Approval.
B. SPECIAL ORDERS OF BUSINESS -
1 Public Hearing and a Resolution of the City of El Segundo, California, finding the City to
be in conformance with the Congestion Management Program (CMP) and adopting the
CMP Local Implementation Report, in accordance with California Government Code
Section 65089
Recommendation -
1) Hold Public Hearing.
2) Read Resolution by title only.
3) Adopt Resolution.
C. UNFINISHED BUSINESS -
1 Consideration of appointment of Council subcommittee to work with staff in the
development of plans for City Hall/Police Department open space improvements
Recommendation - Discussion and possible action.
D. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS - NONE
E. CONSENT AGENDA
All items listed are to be adopted by one motion without discussion and passed unanimously If a call
for discussion of an item is made, the item(s) will be considered individually under the next heading of
business
Warrant Numbers 223602 - 223727 on Demand Register Summary Number 02 in total
amount of $297.457 04
Recommendation - Approve Warrant Demand Register and Authorize staff to release.
Ratify: Payroll and Employee Benefit checks; checks released early due to contracts or
agreements; emergency disbursements and/or adjustments.
2 Warrant Numbers 223728 - 223920 on Demand Register Summary Number 03 in total
amount of $809,296 36, and Wire Transfers in the amount of $1.259.501 54
Recommendation - Approve Wan-ant Demand Register and Authorize staff to release.
Ratify: Payroll and Employee Benefit checks; checks released early due to contracts or
agreements; emergency disbursements and/or adjustments; and wire transfers from
07/08/95 to 07/21/95.
3 City Council meeting minutes of July 10 and July 18, 1995
Recommendation - Approval.
4 Acceptance of Grant Deed from West Basin Municipal Water District and authorization to
nay $260,772 70 for parking lot adjacent to City Golf Course
Recommendation -
1) Accept Grant Deed.
2) Authorize the Mayor to execute the Agreement.
3) Authorize Staff to process payment in the amount of $260,772.70.
5 Adoption of Plans and Specifications No PW 95 -6 for the Sanitary Sewer Manhole Lining
at Various Locations (estimated project cost $70.000 00)
Recommendation -
1) Adopt plans and specifications.
2) Authorize Staff to advertise project for receipt of construction bids.
6 Adoption of Plans and Specifications No PW 95 -7 for the Sealing of the Concrete Parking
Deck Over the Water Reservoir at 400 Lomita Street (estimated nroiect cost $80.000)
Recommendation -
1) Adopt plans and specifications.
2) Authorize Staff to advertise project for receipt of construction bids.
7 1994 -95 Furnishing and Application of Slurry Seal at Various Locations, Specifications
No PW 94 -14 (Final contract amount $70.118 92)
Recommendation -
1) Accept the work as complete.
2) Authorize the City Clerk to file in the County Recorder's Office the Notice of
Completion prepared by the City Engineer.
iL VC' 05
8 Request for City Council approval of three Public Service Agreements for the City's
Community Development Block Grant (CDBG) Program services from July 1, 1995 - June
30, 1996
1 City of Redondo Beach /South Bay Youth Project (formerly South Bay
Juvenile Diversion Project - Counseling and referral services for El Segundo
students who may be victims of physical and/or emotional abuse Contract
Amount $11,000 - CDBG funds only
2 Just Right Help, II, Inc - In -home medical, physical, and home cleaning
services for elderly and handicapped residents Contract amount $20,800 -
CDBG funds only
3 Tamtec Company - Senior adult nutritional counseling program Contract
amount $11,500 - CDBG funds only
Recommendation -
1) Authorize an appropriation of $43,300 in 1995 -96 CDBG funds; and
2) Award contracts to:
City of Redondo Beach/South Bay
Youth Project, in the amount of: $11,000.00;
Just Right Help, H, Inc., in the amount of: $20,800.00; and
Tamtec Company, in the amount of: $11,500.00; and
3) Authorize the Director of Planning and Building Safety to execute contract
agreements with minor, non - substantive changes, if necessary, with review
and approval of the City Manager and City Attorney.
9 Extension of City's contract for consulting services with Wyle Laboratories for the
Residential Sound Insulation Project
Recommendation -
1) Approve extension of Wyle contract to September 1996.
10 Update report on the Stick and Stern II Restaurant regarding compliance to ABC
requirements and related police responses
Recommendation - Review and file.
11 Award City Building and Street Can Refuse Contract to Zakaroff Recycling Services
(contract amount - $16,50000 per year)
Recommendation -
1) Approve the City Building and Street Can Proposal from Zakaroff Recycling
Services.
2) Direct the City Attorney to prepare the contract.
3) Authorize the Mayor to execute the contract.
CALL ITEMS FROM CONSENT AGENDA
F. NEW BUSINESS - CITY MANAGER - NONE
G. NEW BUSINESS - CITY ATTORNEY
1 Consideration of contract for legal services by Burke, Williams & Sorensen
Recommendation -
1) Discussion.
2) Action.
IL NEW BUSINESS - CITY CLERK - NONE
I. NEW BUSINESS - CITY TREASURER - NONE
IL NEW BUSINESS AND REPORTS - CITY COUNCILMEMBERS
Councilwoman Friedkin - NONE
Councilman Robbins - NONE
Councilman Switz - NONE
3
�Djy
Mayor Pro Tern Weston - NONE
Mayor Jacobson - NONE
PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit)
MEMORIALS
CLOSED SESSION
The City Council may move into a closed session pursuant to applicable law, including the Brown Act
(Government Code Sec 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
Continuation of matters listed on the City Council Agenda for 5 00 p in, August 1, 1995 under "Closed
Session" (if needed)
REPORT OF ACTION TAKEN IN CLOSED SESSION (if required)
ADJOURNMENT
POSTED
DATE r/ a 6 19
TIME // : 3n a . m .
NAMi
4 IF, �j " , 07
M
PROCLAMATION
WHEREAS, the Metro Green Line, along with the existing Metro Blue Line,
Metro Red Line and the Metrolink commuter rail system will pro-
vide residents of the greater Los Angeles County area with one of
the most sophisticated rail systems in North America; and
WHEREAS, the new rail system is part of a strategy for reshaping Los Angeles
and surrounding cities into more efficient and productive commu-
nities; and
WHEREAS, the Metro Green Line will connect El Segundo to nearby communi-
ties and provide commuters with a cost - effective, non - polluting
alternative to driving; and
WHEREAS, the Metro Green Line will act as a vital link between the communi-
ties of the South Bay and Los Angeles featuring Park -and -Ride lots
at 12 of the 14 stations along the alignment; and
WHEREAS, the Metro Green Line provides a safe and secure mode of transpor-
tation with its built -in security measures on the rail cars as well as
at each station
NOW, THEREFORE, I, Carl Jacobson, on behalf of the City Council, do hereby
encourage all residents to participate in the opening day ceremonies for the
Metro Green Line on August 12, 1995, at the El Segundo /Nash Street Station
and commend the MTA for its commitment and dedication to such an impor-
tant protect.
Carl Jacobson, Mayor
1:
EL SEGUNDO CITY COUNCIL MEETING DATE: 8/1/95
AGENDA ITEM STATEMENT AGENDA HEADING: Special Order
of Business
AGENDA DESCRIPTION:
Public Hearing and a Resolution of the City of E1 Segundo,
California, finding the City to be in conformance with the
Congestion Management Program (CMP) and adopting the CMP Local
Implementation Report, in accordance with California Government
Code Section 65089.
RECOMMENDED COUNCIL ACTION:
1. Hold Public Hearing.
2. Read Resolution by title only.
3. Adopt Resolution.
BRIEF SUMMARY:
The Congestion Management Program (CMP) became effective with voter
approval of Proposition 111 in June 1990. In accordance with State
law, the Los Angeles County Metropolitan Transportation Authority
(MTA) has adopted the CMP for Los Angeles County. Cities within
the County are required to comply with the adopted CMP.
The CMP requires that by September 1, 1995, local agencies submit
a self- certification Resolution, which consists of the following:
1. A finding that the City is in conformance with the CMP.
2. Certification that the City will continue to implement
the Transportation Demand Management Ordinance, which is
incorporated into the Zoning Code, Chapter 20.55.
3. Certification that the City will continue to implement a
Land Use Analysis Program (Reference: Resolution No. 3805
adopted by the City Council on March 16, 1993).
ATTACHED SUPPORTING DOCUMENTS:
1. Resolution for adoption.
2. 1995 Local Implementation Report.
3. City Zoning Code Chapter 20.55.
4. Resolution No. 3805.
FISCAL IMPACT:
(Check one) Operating Budget:
Amount Requested:
Project /Account Budget:
Project /Account Balance:
Account Number:
Project Phase:
Appropriation Required:
N/A Capital Improvement Budget:
Yes No
Date:
- 1 of 2 -
��' 09
BRIEF SUMMARY: (continued)
4. 1995 Local Implementation Report which includes:
(a) Total credits approved by the MTA = 7154
for the period 1/1/90 and 5/31/95
(b) Total debits accrued as a result = 516
of building permits issued between
6/1/94 and 5/31/95
(c) Credit claims for qualifying = 172
transportation strategies
implemented by the City
between 6/1/94 and 5/31/95
According to the 1995 Local Implementation Report, as of May 31,
1995, the City has a total of 7326 credit points and a total of 516
debit points. The CMP requires that local agencies demonstrate a
positive balance of CMP credits. A positive CMP balance indicates
that the City has implemented transportation improvements exceeding
the traffic impacts due to growth.
State law requires that the Resolution be adopted pursuant to a
noticed Public Hearing. Notice of the Public Hearing was
advertised in the July 13, 1995, edition of the E1 Segundo Herald.
After conclusion of the Public Hearing and discussion, Staff
recommends City Council adopt the Resolution.
- 2 of 2 -
PW- CON.447 (7/20/95)
10
RESOLUTION NO.
A RESOLUTION OF THE CITY OF EL SEGUNDO, CALIFORNIA,
FINDING THE CITY TO BE IN CONFORMANCE WITH THE
CONGESTION MANAGEMENT PROGRAM (CMP) AND ADOPTING THE
CMP LOCAL IMPLEMENTATION REPORT, IN ACCORDANCE WITH
CALIFORNIA GOVERNMENT CODE SECTION 65089
WHEREAS, the Los Angeles County Metropolitan
Transportation Authority ( "MTA"), acting as the Congestion
Management Agency for Los Angeles County, adopted the CMP on
November 17, 1993; and
WHEREAS, the adopted CMP requires that MTA annually
determine that the County and Cities within the County are
conforming to all CMP requirements; and
WHEREAS, the adopted CMP requires submittal to the MTA
of this CMP local implementation report by September 1, 1995; and
WHEREAS, the City Council held a noticed public hearing
on August 1, 1995.
NOW, THEREFORE, THE CITY COUNCIL FOR THE CITY OF EL
SEGUNDO, CALIFORNIA, DOES RESOLVE AS FOLLOWS:
SECTION 1. That the City has taken all of the
following actions, and that the City is in conformance with all
applicable requirements of the 1993 CMP.
The City has adopted and continues to implement a
transportation demand management ordinance, consistent with the
minimum requirements identified in the CMP Transportation Demand
Management Chapter.
By June 15, 1995, the City has conducted annual traffic
counts and calculated levels of service for selected arterial
intersections, consistent with the requirements identified in the
CMP Highway and Roadway System Chapter.
The City has adopted and continued to implement a land
use analysis program, consistent with the minimum requirements
identified in the CMP Land Use Analysis Program Chapter.
0
1
k' 11
The City hereby adopts the Local Implementation Report,
attached hereto and made a part hereof; consistent with the
requirements identified in the CMP. This report balances traffic
congestion impacts due to growth within the City with
transportation improvements, and demonstrates that the City is
meeting its responsibilities under the Countywide Deficiency
Plan.
SECTION 2. CERTIFICATION. The City Clerk shall
certify to the passage and adoption of this Resolution; shall
enter the same in the book of original resolutions of said City;
and shall make a minute of the passage and adoption thereof in
the records of the proceedings of the City Council of said City,
in the minutes of the meeting at which the same is passed and
adopted, and shall forward a copy of this Resolution to the Los
Angeles County Metropolitan Transportation Authority.
PASSED, APPROVED AND ADOPTED this 1st day of August, 1995.
ATTEST:
Cindy Mortesen
City Clerk
(SEAL)
APPROVED AS TO FORM:
r
Leland C. Doyley
City Attorney
Carl Jacobson, Mayor
of the City of E1 Segundo,
California
2
°" 12
CITY OF EL SEGUNDO
1995 CMP Local Implementation Report
Contact Paul Garry, Assistant Planner
Phone Number (310) 322 -4670
CONGESTION MANAGEMENT PROGRAM
FOR LOS ANGELES COUNTY
Report Period: JUNE 1, 1994 - MAY 31, 1995
Date Prepared 18- Jul -95
1995 DEFICIENCY PLAN STATUS SUMMARY
ACTIVITY
1. Total Current Congestion Mitigation Goal
[from Section 1]
(516)
2. Transportation Improvements Credit Claims
Dwelling
Units
[from Section II]
172
Subtotal Current Credit (Goal)
(344)
3. Carryover Credit from Last Year's (1994)
8
Local Implementation Report
7,154
Net Deficiency Plan Credit Balance: .................
6810
SECTION I - NEW DEVELOPMENT ACTIVITY REPORT
.,. DEVELOPMENT
RESIDENTIAL DEVELOPMENT ACTIVITY
ACTIVITY
Category
Dwelling
Units
Debit
Value
Subtotal
Single Family Residential
8
i x
6.80 -
-54
Multi-Family Residential
3
x
4.76 -
-14
Group Quarters
01
x
1.98 -
0
COMMERCIAL DEVELOPMENT ACTIVITY
Category
1000 Gross
Square Feet
Debit
Value
Subtotal
Commercial less than 300 000 s .ff
20.952
x
22.23 -
-466
Commercial (300,000 s .ft. or more
0
x
17.80 -
0
Freestanding Eating & DrInIdnq
0
x
66.99 -
0
NON - RETAIL DEVELOPMENT ACTIVITY
Category
1000 Gross
Square Feet
Debit
Value
Subtotal
Lod!3ing
0
x
7.21 -
0
Industrial
32.323
x
6.08 -
-197
Office less than 50,000 s .ft.
0
x
16.16 -
0
Office (50,000-299,999 s .ft.
0
x
10.50 -
0
Office (300,000 s .ft or more
0
x
7.35 -
0
Medical
0
x
16.90 -
0
Government
0
x
20.95 -
0
Institubonal/Educational
0
x
7.68 -
0
OTHER DEVELOPMENT ACTIVITY
Description
Attach additional sheets if necessary)
Daily
Trips
Debit
Value
Subtotal
ENTER IF APPLICABLE
0
x
0.71 -
0
ENTER IF APPLICABLE
01
x
0.71 -
0
Subtotal New Development Activity
-
-731
Adjustments (Optional) - Complete Part 2
-
215
Total Current Congestion Mitigation Goal
Points
-
-516
CMPLIR95 WK1 2 24 94 * j.' ` 13 Page 1
CITY OF EL SEGUNDO Report Period: JUNE 1, 1994 - MAY 31, 1995
1995 CMP Local Implementation Report Date Prepared 18- Jul -95
SECTION I - NEW DEVELOPMENT ACTIVITY REPORT (Continued)
•A- DEVELOPMENT
IMPORTANT: Adjustments may be claimed only for 1) development permits that
were both issued and revoked, expired or withdrawn during the reporting period, and
2 demolition of any structure within the reporting riod.
RESIDENTIAL DEVELOPMENT ADJUSTMENTS
Category
Dwelling
Units
Adjustment
Value
Subtotal
Single Family Residential
6
x
6.80 -
41
Multi-Family Residential
0
x
4.76 -
0
Group Quarters
x
1.98 -
0
COMMERCIAL DEVELOPMENT ACTIVITY
Category
1000 Gross
Square Feet
Adjustment
Value
Subtotal
Commercial less than 300,000 s .ft.
0
x
22.23 -
0
Commercial (300,000 s .ft. or more
0
x
17.80 -
0
Freestanding Eating & Drinking
0
x
66.99 -
0
NON - RETAIL DEVELOPMENT ACTIVITY
Category
1000 Gross
Square Feet
Adjustment
Value
Subtotal
Lodging
0
x
7.21 -
0
Industrial
2
x
6.08 -
12
Office less than 50,000 s .ft.
10
x
16.16 -
162
Office (50,000-299,999 s .ft.
0
x
10.50 -
0
Office (300.000 s .ft or more
0
x
7.35 -
0
Medical
0
x
16.90 -
0
Government
0
x
20.95 -
0
Institutional/Educational
1 01
x
7.68 -
0
OTHER DEVELOPMENT ADJUSTMENTS
Description
Attach add'I sheets if necessary)
Daily Trips
Impact
Value
Subtotal
ENTER HERE IF APPLICABLE
0
x
0.71 -
0
ENTER HERE IF APPLICABLE
0
x
0.71 -
0
Total Mitigation Goal Adjustments Points
-
215
SECTION I - NEW DEVELOPMENT ACTIVITY REPORT (Continued)
INCLUDED IN NEW DEVELOPMENT ACTIVITY TOTALS)
LowNery Low Income Housing
High Density Residential
near Rail Stations
Mixed Use Developments
near Rail Stations
Development Agreements entered
into Prior to July 10, 1989
Reconstruction of Buildings
damaged in April 1992 Civil Unrest
Reconstruction of Buildings
damaged in Jan 1994 Earthquake
CMPLIR95 WK1 2 24 94
0 Dwelling Units
ODwelling Units
Gross Square Feet
0 Dwelling 0 Dwelling Units
Gross Square Feet
0 Dwelling 0 Dwelling Units
Gross Square Feet
0 Dwelling 0 Dwelling Units
0 1000 Gross Square Feet
0 I Dwelling Units
R m- 14 Page 2
CITY OF EL SEGUNDO
1995 CMP Local Implementation Report
Exempted Development Definitions:
Report Period: JUNE 1, 1994 - MAY 31, 1995
Date Prepared 18- Jul -95
1 Lowery Low Income Housing as defined by the California Department of Housing and
Community Development as follows
Low - Income equal to or less than 80% of the median income, with adjustments for family size
Very Low - Income equal to or less than 50% of the median income, with adjustments for family size
2 High Density Residential Near Rail Stations development located within 1/4 mile of a fixed rail
passenger station and that is equal to or greater than 120 percent of the maximum residential
density allowed under the local general plan and zoning ordinance
3 Mixed Uses Near Rail Stations mixed use development located within 1/4 mile of a fixed rail
passenger station, if more than half of the land area, or floor area, of the mixed use development
is used for high density residential housing
4 Development Agreements projects that entered into a development agreement (as specified under
Section 65864 of the California Government Code) with a local jurisdiction pnor to July 10, 1989
5 April 1992 Civil Unrest Reconstruction until June 1, 1995, buildings and structures damaged or
destroyed in Los Angeles County as a result of civil unrest during the state of emergency declared
by the Governor on April 29, 1992
6 January 1994 Earthquake Reconstruction until June 1, 1997, buildings and structures damaged or
destroyed in Los Angeles County as a result of the Northridge Earthquake
7 Any project of a federal, state or county agency that is exempt from local jurisdiction zoning
regulations and where the local jurisdiction is precluded from exercising any approval/disapproval
authority These locally precluded projects do not have to be reported in the LIR
SECTION II - TRANSPORTATION IMPROVEMENT CREDIT CLAIMS
Total Number of Projects: 8 Total Credit (Points): 172
Enter the Followlnq Information for each orolecUorooram-
1
2.
3.
CMP Strategy
Name
Non - Residential building permits issued, as reported in Section 1
14. Project
Scope
Proj.
CMP
Project Description & Reference Documentation
EA -206. Compliance with local Transportation Systems Management (TSM) Ordinance
No.
Strat
Ord. # 1077 for com leted hotel Ord. # 115 .810 Dou las St.
28
28 1995 Unknown 100% 2 YES 60% 1 16.8
3
309.0
Bicycle/Pedestrian Facilities 1 0.99 100 em I.
5
6
7
8
9
10a
10b
11
12
Preferential Parlding for Rideshare Vehicles I 0.99 100 em .
Credit
Project
Expect
Project
Local
Current
Credrd
Mile-
Net
301.0
Factor
Value
Compl.
EA -350. Compliance with Local TSM program (Chapter 20.56 of ESMC) for
Cost in
Participation
Mile-
in 1994
stone
Current
6
305.0
n ormal Garpool & Vanpool Program 1 0.81100 em
Date
$10008
stone
LIR?
Factor
Value
1
306.0
CMP TDM Ordinance L 53.27511 000
Non - Residential building permits issued, as reported in Section 1
0.3
16 1 We I We 1 100% 3 NO 100% 1 16
2
305.0
Informal Carpool & Vanpool Program 0.99
EA -206. Compliance with local Transportation Systems Management (TSM) Ordinance
Ord. # 1077 for com leted hotel Ord. # 115 .810 Dou las St.
28
28 1995 Unknown 100% 2 YES 60% 1 16.8
3
309.0
Bicycle/Pedestrian Facilities 1 0.99 100 em I.
EA -206. Compliance with local Transportation Systems Management (TSM) Ordinance
Ord. # 1077 for com leted hotel Ord. # 1157. 810 Dou las St.
4.6
5 1995 Unknown 100q° 2 YES 60% 3
4
310.0
Preferential Parlding for Rideshare Vehicles I 0.99 100 em .
EA -206. Compliance with local Transportation Systems Management (TSM) Ordinance
Ord. # 107 for com leted hotel Ord. # 1157 .810 Dou las St.
3.9
4 1995 Unknown 100% 2 I ES 60% 2.4
5
301.0
Formal Trip Reduction Pgm for small Employers 2.71 100 em I.
EA -350. Compliance with Local TSM program (Chapter 20.56 of ESMC) for
redeveloped multi - tenant retaiVoffice buildin Resolution 3917 .
36.3
98 1995 Unknown 10, 0% 1 NO 40% 1 39.2
6
305.0
n ormal Garpool & Vanpool Program 1 0.81100 em
EA -350. Compliance with local MM requirement beyond CMP requirement
for a 18 new screen movie theater com lex Resolution 3917 .
28
22 1995 Unknown 100%
1 NO 40 °k 8.8
7
310.0
Preferential Par mg for Rideshare Vehicles 1 2.71 100 em I.
EA -350. Compliance with Local TSM program (Chapter 20.56 of ESMC) for
redeveloped multi- tenant refs" /office building Resolution 3917 .
3.9
11 1995 Unknown 100% 1 NO 40% 4.4
8
202.2
General use lane on non -CMP major Arterial I 0.028 lane-mile
Additional through lane capacity for westbound Rosecrans Avenue (Major Arterial)
by construction of a new 150 linear foot n ht -turn onl lane.
2900
81 1995 Unknown 100% 3 NO 1 100% 81
CMPLIR95 WK1 2 24 94 1 kk - 15 Page 3
EL SEGUNDO MUNICIPAL CODE Page 20 -277
Title 20 - ZONING
Chapter 20.55 DEVELOPER TRANSPORTATION DEMAND MANAGEMENT (TDM)
Sections:
20.55.010 PURPOSE.
20.55.020 APPLICABILITY OF REQUIREMENTS.
20.55.030 DEVELOPMENT STANDARDS.
20.55.040 MONITORING.
20.55.050 ENFORCEMENT.
20.55.010 PURPOSE.
The purpose of this Chapter is to set forth requirements
for major new developments to provide facilities that
encourage and accommodate the use of ride sharing,
transit, pedestrian, and bicycle commuting as
alternatives to single- occupant motor vehicle trips. A
reduction in such trips can be expected to assist in
reduced traffic congestion, air pollution and energy
consumption impacts related to the new employment growth
accommodated by new developments.
20.55.020 APPLICABILITY OF REQUIREMENTS.
Prior to approval of any, development project, the
applicant shall make the provision for, as a minimum, all
of the following applicable transportation demand
management and trip reduction measures.
This Chapter shall not apply to projects for which a
development application has been deemed "complete" by the
City pursuant to Government Code Section 65943, or for
which a Notice of Preparation for a DEIR has been
circulated or for which an application for a building
permit has been received, prior to the effective date of
this chapter.
The requirements shall also apply to any existing non-
residential use which proposes to increase its gross
floor area by 25% or more above the floor area existing
on the effective date of this Chapter, and which after
expansion exceeds the minimum building size. This
chapter shall then apply to the entire development.
All facilities and improvements constructed or otherwise
required shall be maintained in a state of good repair.
20.55.030 DEVELOPMENT STANDARDS.
A. Non - Residential development of 25,000 square feet
or more and all projects within the Urban Mixed -Use
Zone shall provide the following to the
(June, 1994)
1P)
EL SEGUNDO MUNICIPAL CODE Page 20 -278
satisfaction of the Director of Planning and
Building Safety:
A bulletin board, display case or kiosk
displaying transportation information located
where the greatest number of employees are
likely to see it. Information in the area
shall include, but is not limited to, the
following:
a. Current maps, routes and schedules for
public transit routes serving the site;
b. Telephone numbers for referrals on
transportation information including
numbers for the regional ridesharing
agency and locate transit operators;
C. Ridesharing promotional material supplied
by commuter - oriented organizations;
d. Bicycle route and facility information
including regional /local bicycle maps and
bicycle safety information; and,
e. A listing of facilities available for
carpoolers, vanpoolers, bicyclists,
transit riders and pedestrians at the
site.
B. Non - Residential development of 50,000 square feet
or more shall comply with Section 20.55.030(1),
above and shall provide all of the following
measures to the satisfaction of the Director of
Planning and Building Safety:
(June, 1994)
Preferential parking. Not less that 15% of
employee parking areas shall be designated as
preferential parking and shall be located as
close as is practical to the employee
entrance(s) without displacing handicapped and
customer parking needs. This preferential
carpool /vanpool parking area shall be
identified on the site plan upon application
for building permit, to the satisfaction of
Director of Planning and Building Safety. A
statement that preferential carpool /vanpool
spaces for employees is available, and a
description of the method for obtaining such
spaces must be included on the required
transportation information board. Projects
may reduce the total number of required
parking spaces by one vehicle space for every
one space which is marked and reserved for
preferential parking, up to a maximum of 10 %,
,ft. 17
i
u A..
EL SEGUNDO MUNICIPAL CODE Page 20 -279
Title 20 - ZONING
upon application to and approval by the
Director of Planning and Building Safety.
2. HOV loading area. A safe and convenient zone
shall be provided in which high occupancy
vehicles ( vanpools and carpools) may deliver
or board their passengers. This staging area
shall provide adequate space for passenger
loading, unloading and waiting, which does not
interfere with on -site circulation patterns.
When located within a parking structure, a
minimum vertical interior clearance of 7'2"
shall be provided for the loading area in
accessways to be used by such vehicles.
Adequate turning radii and parking space
dimensions shall also be included in HOV
loading areas.
3. Vanpool access. Preferential parking spaces
reserved for vanpools must be accessible to
vanpool vehicles. When located within a
parking structure, a minimum vertical interior
clearance of 7'2" shall be provided for those
spaces and accessways to be used by such
vehicles. Adequate turning radii and parking
space dimensions shall also be included in
vanpool parking areas.
4. On -site amenities or shuttle. In order to
reduce the need for employees to drive
personal vehicles for midday activities, the
project shall provide any one or more of the
following measures which together shall be
sized to accommodate during the course of the
business day at least 20% of the on -site
population:
a. On -site amenities;
b. Guaranteed operation of a privately
operated midday shuttle serving the
project site for the life of the project.
A reduction in the total number of required
parking spaces of up to 1% shall be permitted,
based on the extent of the amenities, upon
application to and approval by the Director of
Planning and Building Safety.
5. Bicycle facilities. Bicycle racks or other
secure bicycle parking shall be provided to
accommodate four bicycles per the first 48,000
square feet on non - residential development and
one bicycle per each additional 48,000 square
feet of nonresidential development
Calculations which result in a fraction of 0.5
or higher shall be rounded up to the nearest
whole number. A bicycle parking facility may
(June, 1994)
A" 18
EL SEGUNDO MUNICIPAL CODE Page 20 -280
Title 20 - ZONING
also be a fully enclosed space or locker
accessible only to the owner or operator of
the bicycle, which protects the bike from
inclement weather. Specific facilities and
location (e.g., provision of racks, lockers,
or locked room) shall be to the satisfaction
of the Director of Planning and Building
Safety.
6. Showers and lockers (optional) . Projects may
provide shower and locker facilities for
bicycle riders, motorcycle riders, and
pedestrians. If these facilities are
provided, the number of preferential parking
spaces may be reduced by up to 3% and the
total number of required spaces may be reduced
up to 1% based on the extent of facilities,
upon application to and approval by the
Director of Planning and Building Safety.
7. Transit support facilities (optional).
Projects may provide facilities which will
promote transit use. If transit facilities
are provided, the number of preferential
parking spaces may be reduced by up to 5%, and
the total number of required spaces may be
reduced up to 1 %, for provision of bus transit
facilities, and up to 2% and 1/2% for rail
transit, upon application to and approval by
the Director of Planning and Building Safety.
C. Non - Residential development of 100,000 square feet
or more shall comply with Sections 20.55.030(A) and
20.55.030(B) above, and shall provide all of the
following measures to the satisfaction of the City:
(June, 1994)
1. Sidewalks or other designated pathways
following direct and safe routes from the
external pedestrian circulation system to each
building in the development;
2. If determined necessary by the City to
mitigate the project impact, bus stop
improvements must be provided. The City will
consult with the local bus service providers
in determining appropriate improvements. When
location of bus stops and /or planning building
entrances, entrances must be designed to
provide safe and efficient access to nearby
transit stations /stops; and,
3. Safe and convenient access form the external
circulation system to bicycle parking
facilities on -site.
0 *' 19
r—
EL SEGUNDO MUNICIPAL CODE Page 20 -281
Title 20 - ZONING
20.55 040 MONITORING.
Physical facilities shall be verified through the City's
existing development review process. Initial enforcement
shall consist of verification during plan check and field
inspection prior to release of utilities /certificate of
occupancy (to insure that preferential parking spaces are
marked, lockers are installed, etc.). Subsequent
enforcement shall be per established zoning code
procedures.
20.55.050 ENFORCEMENT.
The Director of Planning and Building Safety or his /her
representative is hereby designated as the enforcing
agent of this Chapter and any amendments thereto pursuant
to Section 20.04.040.
(June, 1994)
PtA " 20
CITY OF EL SEGUNDO
INTER- DEPARTMENTAL CORRESPONDENCE
DATE: May 6, 1993
TO: Planning Staff and Applicant with Projects Requiring Environmental Impact
ports (EIRs)
FROM yrum B. Fedje, Director of Planning
and Building Safety
SUBJECT: Congestion Management Program - Land Use Analysis Program and
Transportation Impact Analysis
City Council Resolution No. 3805 authorizes the Director of Planning and Building Safety
to process and coordinate environmental review in the City, and to require project
applicants to supply data and information to assist in the preparation of a Draft
Environmental Impact Report (EIR). This memo will specify the additional information
that must be provided to the City, when an EIR is prepared, to comply with the
Congestion Management Program (CMP) as passed by the State of California and
admuustered in Los Angeles County by the Metropolitan Transportation Authority (MTA).
Prior to approval of any development project for which an EIR. is required to be prepared,
the Land Use Analysis Program of the CMP, which includes the preparation of a
Transportation Impact Analysis (TIA), shall be incorporated into the EIR in a manner
consistent with Chapter 7 and Appendix D (Guidelines for CMP TIA) of the 1992 CMP and
City Council Resolution 3805.
The Land Use Analysis Program is designed to rely upon the existing CEQA process that
the City has in place. The objective of this process is to identify and address specific
regional transportation system impacts of proposed projects and related mitigation measures
within the EIR.
CMP sans
ems- �_ I
RESOLUTION NO. _38_
A RESOLUTION OF THE QTY COUNCIL OF THE QTY OF EL
SEGUNDO, CALIFORNIA, ADOPTING PROCEDURES FOR THE
IMPLEMENTATION OF THE PROVISIONS OF THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT, AND RESCINDING
RESOLUTION NO. 3317
WFIERIIAS, revisions have been made by the State Legislature to the California
Environmental Quality Act ("CEQA "); and
WHEREAS, the City's guidelines to implement the California Environmental Quality Act
must be consistent with said revisions; and
WHEREAS, City Council desires to minimize the application processing time and
unnecessary staff labor without compromising the public review process of CEQA applications.
WHEREAS, revisions have been made to this resolution to ensure its compliance with the
State required Congestion Management Plan (CMP); and
WHEREAS, the CMP must contain a Land Use Analysis Program to ensure that local
jurisdictions consider the regional transportation impact of new development through the land
use approval process, and
WHEREAS, the Land Use Analysis Program relies upon the procedural guidelines already
established by CEQA; and
WHEREAS, the Land Use Analysis Program will assist local jurisdictions in addressing
CEQA's existing requirement that Ellis analyze a project's impacts on the regional transportation
system; and
WHEREAS, at the duly scheduled meeting of the City Council of the City of El Segundo
on March 2, 1993, a duly advertised public hearing was held on such matter in the Council
Chamber of the City Hall, 350 Main Street.
NOW, TH BREFORE, THE QTY COUNCIL OF THE QTY OF EL SEGUNDO, CALIFORNIA
DOES HHREHY RESOLVE, DECLARB AND DETERMINE AS FOLLOWS:
SECTION 1. AuthorijL
This Resolution is adopted to implement the California Environmental Quality Act ("CEQA"),
Public Resources Code Section 21000 et seq , and the State CEQA Guidelines ("State Guidelines "),
14 California Administrative Code Section 15000 et seq , as amended, and may be referred to as
"El Segundo CEQA Resolution"
SECTION 2. Relationship to State Guidelines
The State Guidelines are hereby incorporated by reference. This implementing Resolution is
not meant to replace the State Guidelines but to implement and tailor the general provisions of
the State Guidelines to the specific operation of the City If any section of this Resolution is in
conflict with or contrary to any provision of the state Guidelines as they now exist or may be
amended hereafter, the State Guidelines shall control
SECTION 3• Definitions
The term "advisory body" as used in this Resolution shall mean the person, committee or
commission which has authority by law or ordinance to comment upon or give an advisory
decision on the project at issue
The term "decision- making body" as used in this Resolution shall mean the person commission
or council which has authority by law or ordinance to make a final decision to approve or
disapprove the project at issue
1
41%- 22
The term "Director" as used in this Resolution shall mean the Director of Planning and Building
ySafery, who shall have overall responsibility for City CEQA functions on projects.
The term "project" as used in this Resolution shall mean any activity which creates physical
change to the City's environment as guided by Section 15378 of the State Guidelines.
The term "responsible officer" as used in this Resolution shall mean the City Department Head
or City Manager responsible for carrying out a City project or responsible for approving a project
submitted to the City.
• •.< • • • i� • • • li. • • c l l • ' i • • . l f
A Responsibilities of Director of Planning and Building Safely and Other Responsible Officers
and Departments.
The officer or the department having responsibility for carrying out a City project or approving
a project submitted to the City for approval as defined in Section 5 shall determine whether or
not the project is ministerial or categorically exempt (as provided herein). The Officer or
Department shall record the exemption with the applicable project approval file. The Director
of Planning and Building Safety shall be available for consultation where it cannot be readily
determined if a project is either ministerial or categorically exempt.
All other projects where such a determination is not made shall be submitted to the Director of
Planning and Building Safety who shall be responsible for conducting an Initial Study to
determine if the project may have a significant effect on the environment. Preparation of the
Initial Study shall be in accordance with CEQA procedures and in accordance with Section 6.A (2)
herein The Director of Planning and Building Safety shall consult with the Responsible Officer
or the Department submitting a project for environmental review while preparing the Initial
Study. The Director of Planning and Building Safety shall have primary responsibility for
requiring that all CEQA time limits are met and may require that additional information with
respect to the project be submitted in order to evaluate it under CEQA.
SECTION S. Preliminary Review.
• yi
The Director of Planning and Building Safety or Responsible Officer shall review all submittals
for completeness and shall give nonce in writing within thirty (30) days whether or not the
submittal is complete. If it is incomplete, the notice shall specify the reasons therefor. Upon
submittal of additional information, the City shall have 10 days to specify whether submittal is
complete If it is still incomplete, the notice shall specify the reasons therefor.
B. Review for Exemptions.
(1) The Director of Planning and Building Safety or Responsible Officer shall conduct
the review for exemptions.
Where it can be seen with certainty that no substantial evidence exists that the project
may have a significant effect on the environment, the requirements of CEQA do not
apply. Such projects include the statutory exemptions set forth in Article 18 of the
Guidelines, project which are found u i br categorically exempt, and the belowdefined
ministerial exemptions.
(2) Ministerial Protect Exemptions
The following projects are ministerial
(a) Building permits for all structures that are not considered buildings as
identified in Section 20 08 075 of the El Segundo Municipal Code, such as
walls and fences.
(b) Building permits for all
Resolution No
(t) Single -family residences when not in conjunction with or more than
three (3) residential units
*W,- 4) -�
(ii) Muln - family residences with not more than six (6) units per building or
when not in conjunction with two or more buildings.
(w) New commercial, institutional and industrial structures if not in
conjunction with the building of four or more such structures and which
do not exceed
• maximum occupant load of 30 persons; or
• floor area of 15,000 sq. ft.; or
• parking requirement of 75 parking spaces.
(iv) Additions to existing structures which do not exceed 10,000 square feet.
(c) Business licenses when issued in accordance with allowed land -use regulations
for the zone as indicated by the Planning and Building Safety Department.
(d) Certificate of Occupancy.
(e) Construction Fencing.
(E) Curb, Gutter or Sidewalk Construction or Reconstruction.
(g) Demolition permits for removal of small structures with no historical,
archeological or historical significance.
(h) Driveway Construction or Reconstruction
(i) Encroachments (Code Regulated).
(j) Electrical Permits.
(k) Equipment or Materials Street Use Permits.
(1) Excavation, Shoring and Other Street Use Permits.
(m) Final Tract Maps.
(n) Fire Extinguisher Systems and Alarms.
(o) Heating, Air Conditioning, Refrigeration.
(p) Heavy Hauling.
(q) House Moving.
(r) Fire Hydrant Installations.
(s) Individual Water Service Installation.
(t)
Plumbing Permits
(u)
Sign Permits.
(v)
Soil Borings.
(w)
Street Lights
(x) Utility Installation
(y) Tenant improvements which do not result in a change in land use or an unmet
parking need, nor exceed the thresholds for exemption stated in Section 5 B (2) (b) above
Resolution No
3
nwr 24
(3) Categorical Exemptions
The City Council of the City of EI Segundo hereby finds those classes of activities set forth
in Article 19 of the State Guidelines to be categorically exempt with the exceptions listed
in Section 15300.2 of the State Guidelines.
(a) Location• Glasses 3, 4, 5, 6 and 11 of the State Guidelines. Where a project in
those classes that is ordinarily insignificant in its impact on the environment
may in a particularly sensitive environment (location) be significant, such
projects shall not be categorically exempt. These classes shall apply to projects
in all instances, except where the project may impact on an environmental
resource of hazardous or critical concern where designated, precisely mapped,
and officially adopted pursuant to law by federal, state or local agencies.
(b) Cumulative Impact: All exemptions for these classes are inapplicable when
cumulative impact of successive projects of the same type, over time is
significant - for example, annual additions to an existing building under Class
I of the State Guidelines.
(c) Significant Effect: A categorical exemption shall not be used for an activity
where there is a reasonable possibility that the activity will have a significant
effect on the environment due to unusual circumstances.
(4) Specific Proiects For Which Environmental impact Report or NMtive Declarations
Shall Be Prepared
An EIR or a Negative Declaration shall be required for the following projects:
(a) Amendments to the zoning of the "El Segundo Municipal Code."
(b) Amendments to the City zoning map.
(c) The adoption of a general plan or any element thereof.
(d) Amendments to the general plan or any element thereof.
(e) Franchises.
(f) Conditional Use Permits, Variances, Precise Plans and amendments thereto,
Unclassified Use Permits, Subdivisions and other City discretionary actions
when, upon review by the Director of Planning and Building Safety under
Section 5, such projects cannot be determined to be categorically exempt or
ministerial.
(g) Any approval of a project where substantial evidence exists that such project
has the potential to have a significant effect on the environment.
5 Procedure and Notice of Exemption.
If a project has been determined to be exempt under these Procedures and the State
Guidelines, the Director of Planning and Building Safety or Responsible Officer, shall
cause to be filed a Nonce of Exemption after approval of the project in the form and
manner required by Section 15062 of the State Guidelines.
SECnON 6. Procedures for the Conduct of Initial Studies,
A Determination that Initial Study should be Conducted and In-House Procedures
(1) If a project is subject to the requirements of CEQA and not exempted by this
Resolution as determined by either the Director of Planning and Building Safety
or Responsible Officer, the Director of Planning and Building Safety shall conduct
an Environmental Assessment by preparing an Initial Study to determine if the
project may have a significant effect on the environment. If the Director of
Planning and Building Safety can determine that an EIR clearly will be required for
Resolution No
K% 25
the project, an Initial Study is not required but may still be made if determined to
be desirable. If it is determined that an Initial Study is required for a project, all
phases of project planning, implementation and operation shall be considered
(2) Initial Studies shall be prepared by the Director of Planning and Building Safety
in consultation with other City Departments. After initial consultation, usually
verbal, the completed Initial Study shall be circulated for review and written
comment to at least the following City departments:
Planning and Building Safety.
Public works.
- Fire.
Police.
- Recreation and Parks.
Library
These recommendations shall be used indetermination of whether a project may have
an adverse impact on the environment.
B. Results of Initial Study.
(1) The Initial Study shall be used to provide a written determination of whether a
Negative Declaration or an EIR shall be prepared for a project.
(2)
If the Director of Planning and Building Safety determines that there is substantial
evidence that any aspect of the project, either individually or cumulatively, may cause a
significant effect on the environment, the Director of Planning and Building Safety shall
cause an EIR to be prepared The Planning Commission may be consulted prior to the
determination being made. A new EIR need not be prepared if a determination is made
that a previously prepared EIR would adequately analyze the project under consideration
If the Director of Planning and Building Safety determines that there is no substantial
evidence that the project or any of its aspects may cause a significant effect on the
environment, the Director of Planning and Building Safety shall cause a Negative
Declaration to be prepared and shall transmit same to the decision - making body for
consideration.
The applicant or any interested party may appeal upon payment of the appeal fee
designated in Council Ordinance 1058, as amended, and submittal in writing the reasons
for the appeal, the Director of Planning and Building Safety's determination to the
Planning Commission or the Planning Commission's determination to the City Council
in accordance with Section 11 herein
C. Determining Significant Effect.
The determination of whether or not a project may have a significant effect on the environment
shall be made as required by the State Guidelines. The type of EIR or Negative Declaration
required shall be determined according to State Guidelines.
D. Contents.
An Initial Study shall contain in brief form:
(1) A description of the project including the location of the project,
(2) An identification of the environmental setting;
(3) An identification of environmental effects by use of a checklist, matrix or other
method,
(4) A discussion of ways to mitigate the significant effects identified, if any,
Resolution No
"'' 26
(5) An examination of whether the project is compatible with existing zoning, plans, and
other applicable land use controls; and
(6) The name of the person or persons who prepared or participated in the Initial Study.
E. Format.
Forms for submittal of a project and a review form for use by the Director of Planning and
Building Safety shall be provided by the Planning Division. When used together, these forms
meet the requirements for an Initial Study. If an EIR has been previously prepared which
adequately analyzes the project, it may be used as the Initial Study.
F Consultation.
As soon as the Director of Planning and Building Safety has determined that a project is not
exempt and that an Initial Study will be required to determine whether a Negative Declaration
or an EIR is required, the Director of Planning and Building Safety shall consult informally with
all responsible agencies and all trustee agencies responsible for resources affected by the project
to obtain the recommendations of those agencies as to whether an EIR or a Negative Declaration
should be prepared
During or immediately after preparation of an Initial Study for a private project, the Director of
Planning and Building Safety may consult with the applicant to determine if the applicant is
willing to modify the project to reduce or avoid the significant effects identified in the Initial
Study.
A. Determination to Prepare a Nertative Declaration,
The Director of Planning and Building Safety shall cause a proposed Negative Declaration to be
prepared for a project under the following circumstances:
(1) The Initial Study shows there is no substantial evidence that the project may have a
significant effect on the environment; or
(2) Pursuant to revisions in the project plans made by or agreed to by the applicant
before the release of the proposed Negative Declaration for public review, the
potentially significant effects identified in the Initial Study can be avoided or mitigated
to a point where clearly no significant effects occur, and then if no substantial
evidence is before the Director of Planning and Building Safety that the agreement
would have a significant effect on the environment.
B. Contents.
A Negative Declaration circulated for public review shall include-
(1) A brief description of the project, including a commonly -used name for the project,
if any;
(2) The locanon of the project and the name of the project proponent;
(3) A proposed finding that the project will not have a significant effect on the
environment;
(4) An attached copyof the Initial Study documenting reasons to support the finding, and
(5) Mitigation measures, if any, included in the project to avoid potentially significant
effects
C Public Review of a Negative Declaration.
(1) The Director of Planning and Building Safety shall provide a public review penod for
a proposed Negative Declaration The noticed public review period shall be long
enough to provide members of the public with sufficient time to respond to the
Resolution No
6
*.,' 27
proposed finding before the Negative Declaration is considered by the advisory body
and approved by the decision- making body for the project. Public nonce may take the
form of newspaper advertisement, mailing or posting on and off the subject site as
described in Section 15072 of the State Guidelines. The public nonce shall state that
the Negative Declaration is proposed for adoption, the length of the public review
period, and that the document is available for inspection at the Planning Division
office and at any other location(s) determined by the Director of Planning and
Building Safety to be adequate public review
(2) Upon completion, the Negative Declaration shall be forwarded to the decision- making
body. If a public hearing is required for project action other than the Negative
Declaration, said hearing shall be conducted in accordance with current III Segundo
Municipal Code procedures and include mention of the proposed Negative
Declaration. Environmental review of projects requiring discretionary review shall be
considered concurrently with the project application. If no public hearing is required,
notice shall be given as described above (Section C(1)) and the resolution for
adoption of the Negative Declaration may be placed as a properly listed agenda item
for a regularly scheduled meeting of the decision - making body.
(3) The Planning Commission, when reviewing a project in an advisory capacity or upon
appeal, may recommend that an EIR be prepared and shall promptly in writing
forward its recommendations to the decision - making body. EIRs shall be prepared in
accordance with Section 8 A decision of the Director of Planning and Building Safety
may be appealed to the Planning Commission within ten (10) days after a final
decision by the Director of Planning and Building Safety
(4) Concurrently with the circulation of the Negative Declaration to public agencies, a
copy shall be delivered to the City librarian to be available for public inspection while
the matter is being processed Thirty (30) days after a Negative Declaration has been
adopted, the City Libranan may discard the copy of the Negative Declaration on file
in the library.
Prior to recommending approval or disapproval of a project, the advisory body shall consider the
proposed Negative Declaration.
.••'• _
Prior to approving the project, the decision - making body shall consider the proposed Negative
Declaration together with any comments received during the public review process. Thedecision-
making body shall approve the Negative Declaration if it finds on the basis of the Initial Study and
any comments received that there is not substantial evidence that the project will have a
significant detrimental effect on the environment.
Should the project require mitigation measures, the applicant must satisfattonly amend the
project to avoid or mitigate the effects to a point where clearly no significant effects would occur,
before a negative declaration may be issued. An Agreement Affecting Real Property may be
recorded which shall implement the amended project.
Notice of Determination.
After the decision - making body has made a decision to carry out or approve a project for which
• Negative Declaration has been prepared, the Director of Planning and Building Safety shall file
• Notice of Determination. The Notice of Determination shall include:
(1) An identification of the project including its common name where possible and its
location;
(2) A brief description of the project,
(3) The date on which the project was approved,
Resolution No
7
"'' 28
(4) A determination that the project will not have a significant effect on the
environment;
(5) A statement that a Negative Declaration has been prepared pursuant to the
provisions of CEQA,
(6) The address where a copy of the Negative Declaration may be examined; and
(7) Whether mitigation measures were made a condition of approval of a project.
The Notice of Determination shall be filed with the County Clerk of the County of Los Angeles.
If the project requires a discretionary approval from any State agency, the Notice of
Determination also shall be filed with the Office of Planning and Research.
G. Federal Projects.
For projects where federal involvement might require the preparation of a finding of no
significant effect, the provisions of Article 14 of the State Guidelines shall be followed in addition
to the procedures set forth in this Section.
SECTION 8. Procedures for the Preparation of EIRs.
EIRs shall be prepared in accordance with the procedures contained in this Section and of the
State Guidelines.
A Notice of Preparation
(1) Immediately after determining that an EIR will be required for a project, the
Director of Planning and Building Safety shall first notify the applicant and then,
if applicant concurs or any appeals are exhausted, send a Notice of Preparation by
certified mail or other method of transmittal which provides it with a nonce that
the Notice has been received, to the Metropolitan Transportation Authority, each
fixed route transit operator providing service to the project, each responsible
agency, trustee agency responsible for resources affected by the project, and to
each federal agency involved in approving or funding the project and consult with
those agencies as required by Section 15083 of the State Guidelines.
(2) The contents of the Notice of Preparation shall be as set forth in Section 15082(a)
of the State Guidelines.
(3) The agencies to which a Notice of Preparation is sent shall have thirty (30) days
to respond in the form and manner set forth in Section 15082(b) of the State
Guidelines. If an agency fails by the end of the thirty (30) day period to respond
or make a well- justified request for additional time to respond, it shall be
presumed that the agency has no response to make.
B. Early Public Consultation.
Prior to completing the draft EIR, the Director of Planning and Building Safety may consult
directly with any person or organization it believes will be concerned with the environmental
effects of the project. In the case of a project involving the issuance to a person of a loan,
permit, license, certificate or the entitlement for use by one or more public agencies, the Director
of Planning and Building Safety shall, upon the request of applicant, provide for an early
consultation, pursuant to and consistent with Section 15083 of CEQA and Section 9 D. herein
Where the Director of Planning and Budding Safety, a responsible agency, a trustee agency or the
project applicant has requested a meeting between representatives of the agencies involved to
assist in determining the scope and content of a proposed EIR, the Director of Planning and
Building Safety shall convene such meeting as soon as possible, but not later than thirty (30) days
after the meeting is requested For projects where federal involvement might require preparation
of a Federal EIS, the Director of Planning and Building Safety shall consult with the appropriate
federal agencies as provided in Article 14 of the State Guidelines
Resolution No
`� - 29
C. Review of Transit Impacts.
Prior to approval of any development project for which an EIR will be prepared pursuant to the
requirements of the California Environmental Quality Act (CEQA) or based on a local
determination, regional and municipal fixed -route transit operators providing service to the
project shall be identified and consulted with. Projects for which a Notice of Preparation (NOP)
for a Draft EIR has been circulated pursuant to the provisions of CEQA prior to the effective date
of this ordinance shall be exempted from its provisions. The "Transit Impact Review Worksheet",
contained in the Los Angeles County Congestion Management Program Manual, or similar
worksheets, shall be used in assessing impacts. Pursuant to the provisions of CEQA, transit
operators shall be sent a NOP for all contemplated EIR's and shall, as part of the NOP process,
be given opportunity to comment on the impacts of the project, to identify recommended transit
service or capital improvements which may be required as a result of the project, and to
recommend mitigation measures which minimize automobile trips on the CMP network. Impacts
and recommended mitigation measures identified by the transit operator shall be evaluated in the
Draft Environmental Impact Report prepared for the project. Related mitigation measures
adopted shall be monitored through the mitigation monitoring requirements of CEQA.
Phased development projects, development projects subject to a development agreement, or
development projects requiring subsequent approvals, need not repeat this process as long as no
significant changes are made to the project. It shall remain the discretion of the lead agency to
determine when a project is substannally the same and therefore covered by a previously certified
EIR.
(1) It shall be the responsibility of the City of EI Segundo to prepare a draft EIR. One of
the following methods or a combination of them may be used for preparing a draft
EIR:
(a) Preparing the draft EIR directly with City staff.
(b) Contracting with another entity, public or private, to prepare the draft EIR.
(c) Executing a third party contract or memorandum of understanding with the
applicant to govern the preparation of a draft EIR by an independent
contractor.
(d) Incorporating a previously prepared EIR into the project's environmental
review.
(2) If a draft is prepared by a person other than the City staff, the draft shall be reviewed
and analyzed by the Director of Planning and Building Safety and any other City
Department which may have concerns before it is sent out for public review to ensure
its adequacy and objectivity.
(3) The Director of Planning and Building Safety may require the project applicant to
supply data and information to determine whether the project may have a significant
effect on the environment and to assist in preparing the draft EIR. The project
applicant shall also be required to identify any other public agencies which will have
jurisdiction by law over the project
(4) The Director of Planning and Building Safery shall consider information orcomments
submitted by any person, whether requested or not, to assist in the preparation of the
draft EIR The information or comments maybe submitted in any form and maybe
included in whole or in part in the draft EIR.
E Notice of Completion.
As soon as the draft EIR is completed, the Director of Planning and Building Safety shall file a
Notice of Completion with the State Office of Planning and Research in the form specified in
Section 15085 of the State Guidelines
Resolution No
3n
6 Y. • • rt - Ij�
The Director of Planning and Budding Safety shall consult with and request comments on the
draft EIR from responsible agencies, trustee agencies with resources affected by the project, and
other state, federal, and local agencies which exercise authority over resources which may be
affected by the project.
The Director of Planning and Budding Safety also may consult directly with any person who has
special expertise with respect to any environmental impact involved.
The Director of Planning and Building Safety shall provide public notice of the completion of a
draft EIR at the same time as the Director sends a Notice of Completion to the State Office of
Planning and Research. Notice shall be mailed to owners of property contiguous to the proposed
project and to all organizations and individuals who have previously requested such notice and
shall also be given by publication, no fewer times than required by Section 6061 of the
Government Code, in a local newspaper. Said notice shall state that the draft EIR is available for
public inspection at the Department office and at the Public Library.
The Director of Planning and Building Safety shall use the State Clearinghouse to distribute the
documents to state agencies and the areawide clearinghouse to distribute documents to regional
and local agencies.
Concurrently with the circulation of the EIR to public agencies, a copy shall be delivered to the
City librarian to be available for public inspection in the public library while the matter is being
processed. One hundred twenty (120) days after an EIR has been adopted, the City librarian may
discard the copy of the EIR on file in the Library
Upon completion of a draft EIR a public hearing shall be conducted on the draft EIR by the
Planning Commission The public notice of the completion of the draft EIR shall include the date
and time of the hearing, which shall not be less than thirty (30) days nor more than ninety (90)
days from the date of filing the notice of completion.
The Planning Commission shall promptly in writing forward its recommendations to the decision -
making body or if there is an advisory body, to that body. Where the Planning Commission is the
decision - making body, or the advisory body, the Commission may hear and consider the issues
related to the EIR at the same time it considers approval of the project itself. A derision of the
Planning Commission may be appealed to the City Council within ten (10) days after final
decision by the Planning Commission, in accordance with Section 11 herein.
H. Evaluation and Responses to Comments.
The Director of Planning and Building Safety shall evaluate and cause a response to comments
received from persons who received the draft EIR and make any significant changes resulting from
the response to comments by revising the text in the body of the EIR or including marginal notes
showing that the information is revised in response to comments.
When the Director of Planning and Building Safety causes significant new information to be added
to the draft EIR pursuant to public review and/or comments from responsible agencies or any
other public agencies, then notice shall be given again and a public hearing shall be held again
pursuant to Section SF
I Preparation of Final EIR,
it shall be the responsibility of the Director of Planning and Building Safety to prepare (or cause
to be prepared) a final EIR. The contents of the final EIR are specified in Section 15132, et seq
of the State Guidelines
An opportunity for review of the final EIR by the public or by commenting agencies before the
project is approved may be provided.
Resolution No
10
`" 31
M-THI •i . ;
The final EIR shall be presented to the decision- making body and that body shall certify that the
final EIR has been completed in compliance with CEQA and the State Guidelines and that the
decision - making body has reviewed and considered the information contained in the final EIR
prior to the approval of the project.
The decision - making body shall be the body vested with final authority to approve the project.
Should the EIR identify significant detrimental environmental effects requiring mitigation
measures, the City and the applicant shall enter into an Agreement Affecting Real Property which
may be recorded, and which shall implement those mitigation measures decided upon by the
decision - making body.
K Notice of Determination.
After approval of a project for which an EIR has been prepared, the Director of Planning and
Building Safety shall file a Nonce of Determination. Such nonce shall include:
(1) An identification of the project including its common name where possible and its
location;
(2) A brief description of the project,
(3) The date when the appropriate decision - making body approved the project,
(4) The determination of the appropriate decision - making body of whether the project
in its approved form will have a significant effect on the environment;
(5) A statement that an EIR was prepared and certified pursuant to the provisions of
CEQA,
(6) Whether mitigation measures were made a condition of the approval of the project,
(7) Whether findings were made pursuant to Section 15091 of the State Guidelines;
(8) Whether a Statement of Overriding Considerations was adopted for the project;
(9) The address where a copy of the EIR and the record of project approval may be
examined; and
(10) A statement that the Final EIR is available to the general public and where it is available
for review.
The Notice of Determination shall be filed with the County Clerk of the County of Los Angeles
within five (5) working days of the approval of the project If the project requites discretionary
approval from a state agency, the nonce shall aho be filed with the State Office of Planning and
Research.
SEMON 9. Time Limits.
A. General.
Preparation and review of environmental documents shall be done within a reasonable period of
time Preparation of an EIR should not cause undue delays in the processing of applications for
permits or other entitlements to use
B Review of Application for Completeness
The Director of Planning and Building Safety shall determine whether an application for a permit
or other entitlement for use is complete and notify the applicant in writing within thirty (30) days
from the receipt of the application, except as provided in Subsection 9K If the application is
incomplete, the notice shall specify the reasons therefor If no written determination of the
Resolution No
11
Po*r ' 32
completeness of the application is made within that penod, the application will be deemed
complete on the thirtieth (30th) day
C initial Study
The Director of Planning and Building Safety shall determine within thirty (30) days plus fifteen
(15) day extension upon consent of applicant and lead agency after the Director of Planning and
Building Safety accepts an application as complete whether it intends to prepare an EIR or a
Negative Declaration or use a previously prepared EIR or Negative Declaration accept as provided
in Subsection 9K
D Convenine of Mee
The Director of Planning and Building Safety shall convene a meeting with agency representatives
to discuss the scope and content of the environmental information as soon as possible but no
later than thirty (30) days after receiving a request for the meeting. The meeting may be
requested by the lead agency, a responsible agency, a trustee agency, or by the project applicant.
E Public Review.
(1) The public review period for a draft EIR should not be less than thirty (30) days nor
longer than ninety (90) days except in unusual circumstances.
(2) The public review period for a Negative Declaration shall be a reasonable period of
time sufficient to allow members of the public to respond to the proposed finding
before the Negative Declaration is approved
(3) If a draft EIR or Negative Declaration has been submitted to the State Clearinghouse
for review by state agencies, the public review period shall be at least as long as the
review period established by the State Clearinghouse
F Review by State A¢encies.
When a draft EIR or Negative Declaration is submitted to the State Clearinghouse for review, the
normal review period is forty-five (45) days for draft EIRs and thirty (30) days for Negative
Declarations. The State Clearinghouse may set shorter review periods when requested by the lead
agency due to exceptional circumstances
Gilt . ii � . i . i` �•r i t_z .FT7[il'.!
With a private project, the Negative Declaration must be completed and ready for approval within
one hundred five (105) days from the date when the Director of Planning and Building Safety
accepted the application as complete. This time limit for preparation of a Negative Declaration
may be extended once for a period not to exceed ninety (90) days upon the consent of the
Director of Planning and Building Safety and the applicant. The Negative Declaration may be
approved at a later time when the permit or other entitlement is approved pursuant to Section
9L herein.
H. Comolenon and Certification of
With a private project, the decision - making laxly %hill complete and certify the final EIR within
one (1) year after the date when the Director of Planning and Building Safety accepted the
application as complete The one (1) year time limit maybe extended once for a period of not
more than ninety (90) days upon consent of the lead agency and the applicant
I Suspension of Time Periods.
An unreasonable delay by an applicant in meeting requests by the Director of Planning and
Building Safety necessary for the preparation of a Negative Declaration or an EIR shall suspend
the running of the time periods described in Sections G and H for the period of the unreasonable
delay
Alternatively, a decision- making body may disapprove a project application where there is
unreasonable delay in meeting requests. The decision - making body may allow a renewed
Resolution No 13
" " 33
application to start at the same point in the process where the application was when it was
disapproved.
Projects with Federal Involvement
At the request of an applicant, the lead agency may waive the one (1) year time limit for
completing and certifying a final EIR or the one hundred five (105) day period for completing a
Negative Declaration cif:
(1) The project will be subject to CEQA and to the National Environmental Policy Act;
(2) Additional time will be required to prepare a combined EIR -EIS or combined Negative
Declaration finding of no significant impact as provided in Section 15222;
(3) The time required to prepare the combined document will be shorter than the time
required to prepare the documents separately;
(4) The time limits for taking final action on a permit for a development project may also
be waived where a combined EIR -EIS will be prepared; or
(5) The time limits for processing permits for development projects under Government
Code Sections 65950.65960 shall not apply if federal statutes or regulations require
time schedules which exceed the state time limits. In this event, any state agencies
involved shall make final decision on the project within the federal time limits.
K Projects With Short Time Periods For Approval.
Where a statute or ordinance requires a public agency to make decisions on permits within time
limits that are so short that review of the project under CEQA would be difficult, the Director of
Planning and Building Safety shall deem an application for a project not received for filing under
the permit statute or ordinance until such time as progress toward completing the environmental
documentation required by CEQA is sufficient to enable the lead agency to finish the CEQA
process within the short permit time limit. This Section will apply where all of the following
conditions are met:
(1) The enabling legislation for a program, other than Chapter 4.5 (commencing with
Section 65920) of Division 1 of Title 7 of the Government Code, requires the lead
agency to take action on an application within a specified period of time that is six
(6) months or less;
(2) The enabling legislation provides that the project will become approved by operation
of law if the lead agency fads to take any action within such specified time period; and
(3) The project involves the issuance of a lease, permit, license, certificate or other
entitlement for use.
Examples of time periods subject to this section include but are not limited to an action within
fifty (50) days on a tentative subdivision map for which an EIR is being or will be prepared
pursuant to Article 2 (commencing with Section 66452) of Chapter 3, Division 2, Title 2 of the
Government Code but a Negative Declaration for a subdivision map must be completed within
the fifty (50) day period (see Government Code Section 66452.1(c)).
In any case subject to this Section, the environmental document shall be completed or certified
and the decision on the application shall be made within one (1) year from the date on which
an application requesting approval of such project has been received and accepted as complete
for CEQA processing by such agency. This one (1) year time limit may be extended once for a
period not to exceed ninety (90) days upon consent of the public agency and the applicant.
L. Approval of Development Projects
(1) If an EIR is required for a development project, the project shall be approved or
disapproved within one (1) year from the date on which an application requesting
approval of a project has been received and accepted as complete by the Director
Resolution No
13
Nk „,, 34
(2) If a Negative Declaration is prepared or if the project is exempt from CEQA, the
development project shall be approved or disapproved within six (6) months from the
date on which an application requesting approval of the project has been received
and accepted as being complete by the Director.
(3) If there has been an extension of time pursuant to Section 21100 2 or 211515 of the
Public Resources Code to complete and certify an EIR, the project shall be approved
or disapproved within ninety (90) days after certification of the EIR.
The time limits in this section may be extended once for a period not to exceed ninety
(90) days upon consent of the Director and the applicant.
(4) Approval of a Negative Declaration or EIR shall become effective upon adoption of any
resolution required by the El Segundo Municipal Code for the project, and exhaustion
of all administrative appeals.
SECTION 10. Fees
If a project is to be carried out by any person or entity other than the City, the Director of
Planning and Building Safety shall assess and such person or entity shall pay a reasonable fee to
the City to cover the estimated the costs of preparing an EIR or Negative Declaration once the
costs are final, such person or entity shall promptly pay the actual costs involved, or the City shall
promptly refund any payment, made in excess of the estimated payment. In addition, such
person or entity may be assessed and such person or entity shall pay a reasonable fee to recover
the costs to the City for the preparation and finalization of any Agreement Running With The
Land.
SECTION 11, Appeals.
The decision of the Director of Planning and Building Safety, Planning Commission or other
decision- making body, with respect to the Categorical Exemption, Initial Study determination,
approval of a Negative Declaration, or certification of an EIR may be appealed to the City Council
in the same manner that the decision to approve or disapprove the proposed project may be
appealed.
In the event that a decision on a proposed project is not appealable to the City Council, the
decision with respect to the Negative Declaration or EIR may nevertheless be appealed to the City
Council by the project applicant or other interested party by filing a notice of appeal in writing
to the Director of Planning and Building Safety within ten (10) days after the decision is made.
The City Council shall hold a public hearing on the appeal, after which it shall rule on the
appeal. The public hearing shall not be conducted less than ten (10) days after notice has been
given pursuant to Section 7F.
SECTION 12. Resolution No. 3517, passed and adopted the 16th day of February, 1988, is
hereby rescinded.
SECTION 13. The City Clerk shall certify to the passage and adoption of this Resolution; shall
enter the same in the book of original Resolutions of said City; and shall make a minute of the
passage and adoption thereof in the records of the 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 Ott 16 y of h% , 1993
Carl Jacobson, Mozr
of the City of El Segundo, California
ATTEST:
LIA
F t Meehan, Acting City Jerk (SEAL)
APPROVED AS TO FORM:
Leland C. Dolley, City Attorney
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37
/ DRAFT
MINUTES OF THE ADJOURNED REGULAR MEETING
OF THE EL SEGUNDO CITY COUNCIL
JULY 10, 1995 - 7:00 P.M. - CITY COUNCIL CHAMBERS, CITY HALL
CALLED TO ORDER by Mayor Jacobson at 7 05 p m
PLEDGE OF ALLEGIANCE led by Councilman Switz
ROLL CALL
Mayor Jacobson
Mayor ProTem Weston
Councilman Switz
Councilman Robbins
Councilwoman Fnedkln
- Present
- Present
- Present
- Present (arrived at 7.20 p m )
- Present
PUBLIC COMMUNICATIONS - (Related to City Business On 5 minute limit per person, 30 minute limit
totaD - NONE
A. SPECIAL ORDERS OF BUSINESS -
1 Study session /workshop on the General Plan and Zoning Code quarterly update, discussion of
issues raised by Planning Commission and City Council and zoning requirements for Alcohol
Beverage Control (ABC) licenses
City Manager Morrison presented an overview of the issues to be discussed during the study
session, and the zoning requirements for alcohol beverage control licenses, City Attorney Dolley
commented on the process and procedure regarding these issues which staff will be returning to
the Planning Commission with for a public hearing and then back before the Council with a public
hearing
Hyrum Fedje, Director of Planning and Building Safety, gave a brief overview and update on the
General Plan and Zoning Code issues and amendments outlined in the handout He stated the
Council's direction on these items with any additions or changes would be brought back to the
Commission
Laurie Jester, Senior Planner, presented a General Plan update on the revisions to change the
non - conforming section so it conforms with Zoning Code non - conforming provisions, and change
the land use map for HollyNalley Park from single - family residential to open -space Revisions
to the floor -to -area ratio in the Urban Mixed -Use land use designation and other major
amendments to land use and circulation have previously been discussed by the Council but would
require a major work effort and additional money The Planning Commission has reviewed some
Internal consistency items for the Zoning Code; errors and omissions deleted by accident,
revisions to meet state requirements for residential day care, and revisions to the map for the
boundary of the Chevron Blue Butterfly Preserve The Planning Commission gave staff direction
on revisions to wall height, modulation, landscaping, and parking sign requirements At two
workshops the Planning Commission made eight suggestions for Zoning Code revisions, as
indicated in the staff report, and staff wants to know if resources should be devoted to further
study on these issues
Mayor ProTem Weston and Councilwoman Fnedkin questioned whether the Planning Commission
was aware of these items; Mr. Fedje responded they were except for the item under possible
expansion of the uses in the Mixed Use zone; Councilman Switz questioned what the next step
would be, City Manager Morrison responded a staff report with environment review and public
notice would go before the Planning Commission and then City Council as a public hearing
City Attorney Dolley cautioned Council to only hold a general discussion without too many details
in order to avoid possible conflicts of interest.
Ms Jester outlined each of the eight suggestions as detailed In the staff report
1. Require the side and rear yard setback lines to angle in toward the property at a 30 degree angle,
"Encroachment line ", starting six feet above the ground at the property line in R1 and R2 zones.
Councilman Switz questioned whether a wall in a two story house would need to be inset 5 feet
further than the wall downstairs, Ms Jester responded it could be at an angle to allow a different
1 City Council Minutes
Jury 10, 1995- 700'1m 39
7 - .
type of roof pitch Councilmembers Switz, Fnedkin and Robbins were in favor of further study.
2. Allow second dwelling units over detached garages located in rear 113 of the lot in the R1 zone.
Mayor ProTem Weston questioned purpose of having R1 Instead of lust R2; Ms Jester
responded the Commission's thinking of Granny Flats, Councilman Robbins stated that he
opposed the proposal to allow a second dwelling unit throughout the R1 Zone, and that there was
a problem with bootleg rental units. He asked City Attorney Dolley what the R1 zone state law
requirements were regarding property abutting a higher density zone and whether they had to
allow Granny Flats on such lots, City Attorney Dolley stated his most recent recollection was they
did not have to allow second units within an R1 zone Council consensus In favor of further
study
3. Establish maximum driveway width and size in the R1 and R2 zones.
Councilman Switz and Councilwoman Fnedkin were in favor of a further study, Councilman
Robbins questioned if they were speaking of curb cuts to avoid elimination of street parking or
the actual driveway area, Ms. Jester responded both Council consensus in favor of further study
4. Require minimum amount of landscaping (softscape) in front yard setbacks in R7 and R2 zones.
Council stated no objections to a further study
5. Require front Irving spaces in a house extend closer to front property line than front of the garage
in R1 and R2 zones.
Mayor Jacobson stated this item and Number 3 could be in conflict, Councilman Robbins
questioned if second stories above a garage would need to be set back further as well, and
stated concerns with performing a study this at this time; Councilwoman Friedkin concurred
Council consensus in favor of a further study with minimal effort
6. Possibly eliminate building wall modulation or keep as an alternative to Number 1 above, and look
at other options in R7 and R2 zones.
Mayor Jacobson stated this item and Item Number 1 were the same, Council consensus in favor
of a further study
7. Possibly develop a Speck Plan forthe R2 zoned areas which are characterized by 25' wide lots.
Councilman Switz questioned what a Specific Plan was; Ms Jester responded It was similar to
a General Plan and Zoning Code in one document that covers a specific area of the city and
takes precedence over the General Plan and Zoning Code, Councilwoman Fnedkin asked how
many 25' lots were in the City, and Councilman Switz felt studying 25' may be too restrictive,
Councilman Robbins stated they should try to preserve when possible some of the larger lot
sizes, Councilwoman Fnedkin agreed that they should preserve the Integrity of the residential
community Council consensus to request staff provide a list of all residential lots which could
be split under the existing code
8. Possibly amend the Smoky Hollow Speck Plan to allow for transitional uses or denser residential
uses in the overlay districts adjacent to Grand Avenue.
Councilman Robbins questioned the existing allowed density and asked for a review of Council's
decision on the Items.
Councilman Robbins stated the City may regulate alcohol uses through a variety of methods including
requiring an Administrative or Conditional Use Permit or put specific conditions in the Zoning Code, and
questioned if this was true of any kind of business or specifically alcohol related businesses, City Attorney
Dolley responded it applied to regulation of any kind of a business in the Zoning Code
2 City Council Minutes 0
July 10, 1995 - 7 00 p n?
DRAFT
City Manager Morrison stated he also wanted
Maintenance Standards Discussion followed I
PUBLIC COMMUNICATIONS - (Related to City Business On - 5 minute limit) - NONE
ADJOURNMENT at 8 25 p m to July 18, 1995 at 5 00 p m
Lora Freeman, Deputy City Clerk
and
3 City Council Minutes " I A 1
July 10, 1995 - 7 00 p m Y 1
MINUTES OF THE ADJOURNED REGULAR MEETING
OF THE EL SEGUNDO CITY COUNCIL
July 18, 1995 - 5:00 P.M.
CALLED TO ORDER by Mayor Jacobson at 5 00 p m.
PLEDGE OF ALLEGIANCE led by
ROLL CALL
Mayor Jacobson
Mayor ProTem Weston
Councilman Switz
Councilman Robbins
Councilwoman Fnedkm
- Present
- Present
- Present
- Present
- Present
PUBLIC COMMUNICATIONS -(Related to City Business Only) -5 minute limit per person, 30
minute limit total) - NONE
CLOSED SESSION
The City Council moved into a closed session pursuant to applicable law, including the Brown
Act (Government Code Sec 54950, at seg ) for the purposes of conferring with the City's Real
Property Negotiator, and /or conferring with the City Attorney on potential and /or existing
litigation, and /or discussing matters covered under Gov't Code section 54957 (Personnel),
and /or conferring with the City's Labor Negotiators as follows-
CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code Section 54956 8) -
None
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Gov't Code Section
54956 9(a))
1. El Segundo v Stephen S. Rocco, d /b /a/ Big Brother, at al, Case No YC 19865
2 Summerfield tax litigation, Case No. BC 106640
3 Harrison vs. City of El Segundo at al, USDC Case No. CV94- 8264DT (BQRx)
4 Vivian v. City of El Segundo, Case No. BC 122791
5 United States v Montrose Chemical Corporation , at al No CV 90- 3122- AAH(JRx)
6 Kilroy Airport Assoc etc v City of El Segundo, LASC Case No BS034343
7 City of El Segundo v. LAX, LASC Case No. (Unassigned)
8 El Segundo Auto Body v. West Basin Municipal Water District and City of El Segundo
9 Glenn Barrier v. City of El Segundo, LASC Case No. YCO 19914
10 Marion v City of El Segundo, Case No. BC049301
11 Allison v City of El Segundo, LASC Case No YCO21971
12 Hinchman v City of El Segundo, Case No. YCO23033
13 Fragale, at al v City of El Segundo, Case No YCO23177
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to Gov't Code 54956 9(b) 37 potential cases (no
further public statement is required at this time); Initiation of litigation pursuant to Gov't Code
Section 54956 9(c): 3 matters.
DISCUSSION OF PERSONNEL MATTERS (Gov't Code Section 54957). 1 Matter
CONFERENCE WITH CITY'S LABOR NEGOTIATOR - (Gov't Code Section 54957 6)
3 matters Bob Hyland, Human Resources Director, re Employee Organizations- General
Employee Association, Police Officers Association; and Supervisory & Professional Associa-
tion
REPORT OF ACTION TAKEN IN CLOSED SESSION (if required)
PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit) - NONE
ADJOURNMENT at 7 00 p.m
Lora Freeman, Deputy City Clerk
1 42
§7:7_\ a i
MINUTES OF THE REGULAR MEETING
OF THE EL SEGUNDO CITY COUNCIL
JULY 18, 1995 - 7:00 P.M.
CALLED TO ORDER by Mayor Jacobson at 7.05 p m
INVOCATION given by Reverend Dr Harvey R Kemp El Segundo United Methodist Church
PLEDGE OF ALLEGIANCE led by Councilman Robbins.
PRESENTATIONS
1 Police Chief Grnmmond introduced Guaymas Police Officer Agustin Nicholas Norsagaray
Dominguez and Guaymas Firefighter Martin Antonio Ramos Molina, as participants in this
years El Segundo /Sister City cooperative Police and Fire Training Program
ROLL CALL
Mayor Jacobson -
Present
Mayor ProTem Weston -
Present
Councilman Switz -
Present
Councilman Robbins -
Present
Councilwoman Fnedkin -
Present
PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit per person, 30
minute limit total) Three individuals addressed the City Council
Charlie Goldwasser, Attorney El Segundo Police Officer's Association address the bargaining
issues and the recent survey in the newspaper
Terry Cemtos, 210 W Acacia addressed Council stating concurrence with Mr Goldwasser's
comments regarding the Police Department being voted number one out of 72 cities
Gordon Stephens, MTA Board Member addressed Council requesting their consensus to discuss
an item regarding a major move for a wide load police department escort and either waiver or
billing of any fees
MOVED by Councilman Switz to hear an urgent item ansmg after the posting of the agenda
Discussion called by Mayor ProTem Weston stating MTA had prior knowledge of the required fee
and he felt it was not an urgent item. Motion faded due to lack of second
Mayor Jacobson closed public communications due to no one wishing to address the Council
A. PROCEDURAL MOTIONS
1 Consideration of a motion to read all ordinances and resolutions on this Agenda
by title only
MOVED by Councilman Robbins, SECONDED by Councilman Switz to read all
ordinances and resolutions on agenda by title only MOTION PASSED BY
UNANIMOUS VOICE VOTE 510.
B. SPECIAL ORDERS OF BUSINESS - NONE
C. UNFINISHED BUSINESS - NONE
D. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS
1 Opposition to the LAX noise abatement approach pattern described as Over
Ocean Operations
Noise Abatement Committee presented a viewgraph report to the Council
regarding the LAX noise abatement approach pattern described as Over Ocean
Operations
1 City Council Minutes
July 18, 1995 - 7 00 r
43
BREAai
MOVED by Councilman Switz; SECONDED by Mayor ProTem Weston to approve Item 1 and 2
MOTION PASSED BY UNANIMOUS VOICE VOTE 510.
CALLED ITEMS FROM CONSENT AGENDA
City Council meeting minutes of July 5 and July 6, 1995
MOVED by Councilman Switz, SECONDED by Mayor Pro Tern Weston to approve of July
5 and 6, 1995 minutes. MOTION PASSED BY THE FOLLOWING VOICE VOTE 411 -
AYES: Mayor Jacobson, Mayor ProTem Weston, Councilman Switz and Councilwoman
Friedkin. NOES: Councilman Robbins.
4 Proposed Resolutions and Class Specifications implementing salary range and position
classification changes contained in the City's 1995 -96 Operating Budget Fiscal Impact
Total compensation increase to General Fund $13,380 Total compensation increase to
Waterworks Fund, $16,772 The changes do not result in an increase in the number of
City staff
City Manager Morrison withdrew item from agenda.
5 Proposal to eliminate the Police Department's Court Commitment Program Fiscal impact,
$14,000 00 reduced revenue
Police Chief Gnmmond presented a brief overview of the current department policy
regarding juveniles taken into custody Discussion followed
Councilwoman Friedkin stated concerns regarding the proposed elimination and asked to
continue item to allow more time to review the report and resolution, Mayor ProTem
Weston concurred. Councilman Robbins questioned the main reason for this request,
Chief Gnmmond responded that the present procedure presents potential problems which
could be avoided by terminating the court commitment program This would allow juvenile
offenders to be processed at the station, which would increase efficiency as well as
address the safety concerns, and enable officers to return to other duties more quickly.
MOVED by Councilman Switz to approve request to eliminate the court commitment
program for sentenced prisoners and adopt a resolution Discussion called by Mayor
ProTem Weston who suggested to hold the item over to another meeting Motion died due
to lack of second Discussion followed
Council consensus to continue item to August 15, 1995.
F. NEW BUSINESS - CITY MANAGER
Request by Northrop Grumman Corporation for consideration to rename Lapham
Street to Homet Way
City Manager Morrison presented a brief overview of the request stating Northrop
Grumman would be relocating their Military Aircraft Division from Hawthorne to El
Segundo during the next several months Due to their planning on having the
majority of the relocation completed by year end, and because they presently
occupy the property immediately west of Lampham Street for almost the entire
length north of 188th Street, Northrop has requested renaming Lapham Street to
Hornet Way which honors the F /A -18 Navy Hornet fighter aircraft currently in
production at their El Segundo facility
Mayor ProTem Weston stated he was in favor of the request, Councilman Robbins
stated concerns regarding future requests to rename streets; Mayor Jacobson
responded that the Council has not made many changes in the past and this was
a one occupant street Mayor Jacobson called the question
MOVED by Councilman Switz; SECONDED by Mayor ProTem Weston to approve
Northrop's request to rename Lapham Street to Hornet Way MOTION PASSED
BY UNANIMOUS VOICE VOTE 510.
2 Consideration to amend the Business License Code to specify a separate business
license tax rate for all businesses whose primary operation consists of providing
City Council Minutes
July 18, 1995 - 7.00 p m, 45
temporary parking spaces (parking lots) Estimated annual revenues to be
collected ($17,000).
City Manager Morrison presented a report stating staff was requesting to schedule
a public hearing amending the El Segundo Municipal Code Title 5 dealing with
business regulations and licensing by specifying a separate business license tax
structure for businesses whose primary operations consist of providing temporary
parking spaces to non - employees, and it is anticipated this new tax would take
effect January 1, 1996 Also, that Council designate a flat fee of $10 00 per
parking space per year as the designated change in the ordinance Discussion
followed
Council consensus to approve staff scheduling a public hearing.
G. NEW BUSINESS - CITY ATTORNEY - NONE
H. NEW BUSINESS - CITY CLERK - NONE
I. NEW BUSINESS - CITY TREASURER NONE
J. NEW BUSINESS AND REPORTS - CITY COUNCILMEMBERS
Councilwoman Friedkin - NONE
Councilman Robbins
City policy on use of City letterhead by elected officials
Councilman Robbins questioned City Attorney Dolley on current regulations
or laws regarding the use of City letterhead by elected officials, City
Attorney Dolley responded that there were at least two very clear answers
One, a city councilperson may use a letterhead to express the opinion of
the individual councilmember The document should specify that it is the
view of the individual counalmember rather than giving the impression that
it may be the City Council's position. Second, the subject matter must be
public in nature, or have some ramifications to the public A bad example
would be to make an application for a bank loan on the council stationery
Further stating, it was certainly within the council's prerogative to set a
policy about the letterhead, and memorializing it in some fashion other than
in the minutes was a good idea if it was a policy that they wanted to follow
Councilman Robbins then handed out, as examples, copies of letters sent
to legislators on official letterhead by councilmembers, and requested
Council to establish a formal policy regarding the use of City letterhead by
staff or City Council with regards to press releases and in expressing
individual support for or opposition to legislation or policies He stated he
felt that when the council had voted to take a position on a particular issue
then the majority position should be presented on Mayor and City Council
letterhead. Discussion followed regarding the use of City Council and
Mayor letterhead
City Council took no action.
Save money by hiring an in -house city attorney or putting city attorney
contract up for competition for first time in more than ten years
Councilman Robbins withdrew this Item from agenda.
Councilman Switz - NONE
Mayor Pro Tem Weston
Requested agendize water fund reserve requirements August 15, 1995
Mayor Jacobson - NONE
PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit)
4 City Council Minutes
July 18, 1995 - 7 00 p TM ' 46
DRAFT
Sandy Jacobs, Library Board of Trustees Member asked whether the Library Board of Trustees
terms were also extended, Mayor Jacobson concurred that they had been
Gordon Stephens, 515 California Street suggested Council meet with the department heads and
study their departments responsibilities.
MEMORIALS NONE
CLOSED SESSION - NONE
ADJOURNMENT at 9 03 p.m.to August 1, 1995 at 5 00 p m
Lora Freeman, Deputy City Clerk
5 City Council Minutes
July 18, 1995 - 7 OO.p.m. 47
EL SEGUNDO CITY COUNCIL MEETING DATE: 8/1/95
AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Acceptance of Grant Deed from West Basin Municipal Water District
and authorization to pay $260,772.70 for parking lot adjacent to
City Golf Course.
RECOMMENDED COUNCIL ACTION:
Accept Grant Deed.
Authorize the Mayor to execute the Agreement.
Authorize Staff to process payment in the amount of
$260,772.70.
BRIEF SUMMARY:
At its meeting of October 18, 1994, the City Council authorized
Staff to work with West Basin in the development of a parking lot
adjacent to the City golf Course for a cost not to exceed
$368,500.00.
The parking lot has been completed and used by the Golf Course for
several months, however the processing of the necessary
documentation has been delayed while West Basin determined the cost
of the project. West Basin has now informed us that the cost of
the parking lot is $260,772.70, or $107,727.30 less than the
original "high side estimates" previously presented to the Council.
The parking lot is situated on two (2) separate parcels (see
attached map). The subject parcel is being transferred to the City
in fee. The remaining parcel will be leased to the City until the
property is required for future expansion of the treatment plant.
The City has an agreement in principal with West Basin to lease the
additional parcel yto the City for $1.00 per year. West Basin is
in the process of preparing the lease and the item should be before
the Council in the near future.
The attached Grant Deed transfers title of the property and all of
the improvements to the City. As payment for the property, the
City will be issuing a check to West Basin in the amount of
$260,772.70. The transaction includes an agreement acknowledging
West Basin's reversionary right should the subject property no
longer be used for public purposes.
Staff recommends the Council accept the attached Grant Deed and
authorize payment.
ATTACHED SUPPORTING DOCUMENTS:
1. Grant Deed.
2. Agreement between City and West Basin.
3. Parking lot map.
FISCAL IMPACT:
(Check one) Operating Budget:
Amount Requested:
Project /Account Budget:
Project /Account Balance:
Account Number:
Project Phase:
Appropriation Required:
Capital Improvement Budget: XX
$260,772.70
S368,500.00 Date: 7/1/95
503 - 400 - 5301 -8900
Yes No XX
VK101NATED' Date:
Edua hroder Director of Public Works
REVI BY: Date:
PW- CON.451
48
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL THIS DEED AND UNLESS
OTHERWISE SHOWN BELOW MAIL TAX STATEMENTS TO
F
City of El Segundo
350 Main Street
El Segundo, CA 90245
L RECEIVED J
r "f
ABOVE THIS LINE FOR RECORDER'S USE
Title Order No
Escrow or Loan No
GRANT DEED
THE UNDERSIGNED GRANTOR(s) DECLARE(s)
DOCUMENTARY TRANSFER TAX is S CITY TAX S
❑ computed on full value of property conveyed or
❑ computed on full value less value of liens or encumbrances remaining at time of sale,
❑ Unincorporated area D City of and
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged West Basin Municipal
Water District
hereby GRANT(S) to the City of El Segundo
the following described real property in the County of Los Angeles, State of California
See Exhibit A, attached hereto.
See Exhibit B, attached hereto.
Dated
STATE OF CALIFORNIA i SS
COUNTY OF f
On before me
personally appeared
personally known to me (or proved to me on the basis of satisfactory
evidence) to be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he /she /they executed
the some in his /her /their authorized capacityUes) and that by his /her/
their signature(s) on the instrument the person(s) or the entity upon
behalf of which the person(s) acted executed the instrument
WITNESS my hand and official seal
Signature
Assi ant General Manager
West Basin Municipal Water District
Dreg for olfcnl n tarx]i seal)
MAIL TAX STATEMENTS AS DIRECTED ABOVE
49
E2$IBIT "A"
Being a portion of Parcel No. 6 of Parcel Map No. 17750, in the
City of E1 Segundo, County of Los Angeles, State of California, as
per map recorded in Book 207, Pages 64 thru 66, inclusive, of
Parcel Maps, described as follows:
Beginning at the northwest corner of said Parcel No. 6; thence
North 89 Degrees 56 Minutes 00 Seconds East, along the northerly
line of said Parcel No. 6, a distance of 45.20 feet; thence South
00 Degrees 04 Minutes 00 Seconds East, along a line that is 45.00
feet easterly, measured at right angles, and parallel with the
tangent portion of the westerly line of said Parcel No. 6, a
distance of 530.00 feet; thence North 89 Degrees 56 Minutes 33
Seconds East a distance of 135.00 feet; thence South 00 Degrees 03
Minutes 27 Seconds East a distance of 60.00 feet to the southerly
line of said Parcel No. 6; thence South 89 Degrees 56 Minutes 33
Seconds West, along said southerly line, a distance of 140.00 feet
to the beginning of a 40.00 foot tangent curve, concave to the
Northeast; thence Northwesterly, along said curve, through a
central angle of 89 Degrees 59 Minutes 27 Seconds an arc distance
of 62.83 feet; thence North 00 degrees 04 Minutes 00 Seconds West,
along the westerly line of said Parcel No. 6, a distance of 531.36
feet to the beginning of a 860.00 foot tangent curve, concave to
the West; thence Northerly, along said curve, through a central
angle of 01 Degrees 14 Minutes 31 Seconds an arc distance of 18.64
feet to the Point of Beginning.
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AGREEMENT
between
WEST BASIN MUNICIPAL WATER DISTRICT
and
THE CITY OF EL SEGUNDO
for
PROPERTY OWNERSHIP TRANSFER
Tho Wost Basin Municipal Water District is assisting the City of El Segundo to
provide a public need for parking adjacent to the City's Golf Course on 6epulvede
Boulevard by transferring ownership from the District to the City the property
described in Exhibit A and B attached hereto.
If the property is no longer used for public purposes ownership will revert back
to the District. If tho District no longer owns or operates the AdjAr.Ant property as a
facility for public benefit, at the time of reversion, then this agreement Is null and void.
West Basin Municipal Water District City of El Segundo
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EL SEGUNDO CITY COUNCIL MEETING DATE: 8/1/95
AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Adoption of Plans and Specifications No. PW 95 -6 for the Sanitary
Sewer Manhole Lining at Various Locations (estimated project cost
$70,000.00).
RECOMMENDED COUNCIL ACTION:
1. Adopt plans and specifications.
2. Authorize Staff to advertise project for receipt of
construction bids.
BRIEF SUMMARY:
The City's sanitary sewer system includes approximately eight
hundred (800) manholes, which are currently in various degrees of
serviceability. Staff is proposing a ten (10) year manhole
rehabilitation program by which five hundred (500) manholes will be
rehabilitated by installation of a lining over the interior surface
of the manholes. This method of rehabilitation is cost effective,
extends the useful life of the manhole and prevents a more
expensive total manhole replacement at a later date, should the
manhole be allowed to deteriorate without rehabilitation.
Staff has prepared plans and specifications for the installation of
a structural polymer coating system over the existing inside
surface of sewer brick manholes to strengthen the manhole and to
seal the interior of the manhole from water infiltration. The
project includes rehabilitation of fifty -six (56) manholes in the
area west of Hillcrest Street, in the vicinity of E1 Segundo High
School and along the southside of Imperial Highway, west of Center
Street. (See attached map).
The project is estimated to cost $70,000.00, including design and
inspection costs. Funds for implementation of the project are
budgeted in the adopted 1995 -96 Capital Improvement Program.
ATTACHED SUPPORTING DOCUMENTS:
Map of manhole locations.
FISCAL IMPACT:
(Check one) Operating Budget:
Amount Requested:
Project /Account Budget:
Project /Account Balance:
Account Number:
Project Phase:
Appropriation Required:
Capital Improvement Budget: XX
S70,000.00
570,000.00
570,000.00 Date: 7/17/95
301 - 400 - 8204 -8390
Adoption of Dlans and specifications
Yes No XX
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EL SEGUNDO CITY COUNCIL MEETING DATE: 8/1/95
AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
1994 -95 Furnishing and Application of Slurry Seal at Various Locations,
Specifications No. PW 94 -14. (Final contract amount $70,118.92).
RECOMMENDED COUNCIL ACTION:
1. Accept the work as complete.
2. Authorize the City Clerk to file in the County Recorder's
Office the Notice of Completion prepared by the City Engineer.
BRIEF SUMMARY:
The City Council on May 16, 1995, awarded a contract to Pavement
Coatings Company for the subject project.
The work included application of an asphalt slurry seal coating on
various streets within the southeast quadrant of the City's residential
area as part of the maintenance effort to extend the useful life of the
street pavement.
The work has now been satisfactorily completed. The original contract
amount was $68,972.88. The final contract amount based on actual
measured quantities is $70,118.92.
ATTACHED SUPPORTING DOCUMENTS:
Notice of Completion.
FISCAL IMPACT:
(Check one) Operating Budget:
Amount Requested:
Project /Account Budget:
Project /Account Balance:
Account Number:
Project Phase:
Appropriation Required:
Capital Improvement Budget: XX
$70,118.92
$75,000.00
$72,136.31 Date: 7/10/95
106 - 400 - 8203 -8357
Accent the work as complete.
Yes No XX
Recording Requested by
and When Recorded Mail To:
City Clerk, City Hall
350 Main Street
E1 Segundo, CA 90245
NOTICE OF COMPLETION OF CONSTRUCTION PROJECT
* * * * * * * * * * * * * * * * * ** *sss * * * * * * * * **
Project Name 1994 -95 Slurry Seal Project
Project No PW 94 -14
Notice is hereby given pursuant to State of California Civil Code Section 3093 et seq that
1 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 El Segundo
3 The full address of the owner is
City Hall, 350 Main Street, El Segundo, California, 90245
4 The nature of the interest of the owner is
Public street right -of -way
5 A work of improvement on the property hereinafter described was field reviewed by the
City Engineer on 6/26/95 The work done was
Slurry Seal of streets
6 On 8/1/95, the City Council of the City of El 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
7 The name of the Contractor for such work of improvement was
Pavement Coatings Company
8 The property on which said work of improvement was completed is in the City of El
Segundo, County of Los Angeles, State of California, and is described as follows
Various sheets
9 The street address of said property is
None
Dated
Bellur K Devaraj, City Engineer
City of El Segundo
VERIFICATION
I, the undersigned, say I am the City Engineer of the City El 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 , 1995 at El Segundo, California
MCONd NOC (7/11/95)
Bellur K Devaraj, City Engineer
City of El Segundo
`,t 58
EL SEGUNDO CITY COUNCIL MEETING DATE: August 1, 1995
AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Request for City Council approval of three Public Service Agreements for the City's Community Development
Block Grant (CDBG) Program services from July 1, 1995 - June 30, 1996
1 City of Redondo BeacIVSouth Bay Youth Project (formerly South Bay Juvenile Diversion
Project) - Counseling and referral services for El Segundo students who may be victims of
physical and /or emotional abuse Contract amount $11,000 - CDBG funds only
2 Just Right Help, II, Inc. - In -home medical, physical, and home cleaning services for elderly and
handicapped residents Contract amount $20,800 - CDBG funds only
3 Tamtec Company - Senior adult nutritional counseling program Contract amount $11,500 -
CDBG funds only
RECOMMENDED COUNCIL ACTION.
Authorize an appropriation of $43,300 in 1995 -1996 CDBG funds, and
Award contracts to
City of Redondo Beach /South Bay Youth Project, in the amount of $11,000,
Just Right Help, II, Inc, in the amount of $20,800, and
Tamtec Company, in the amount of $11,500
Authorize the Director of Planning and Building Safety to execute contract agreements with minor, non -
substantive changes, if necessary, with review and approval of the City Manager and City Attorney
INTRODUCTION AND BACKGROUND:
On February 21, 1995, the City Council approved its continuing participation in the Community Development
Block Grant (CDBG) Program for the period July 1, 1995 through June 30, 1996 CDBG funds are allocated to
cities by the federal Housing and Urban Development (HUD) Department and administered by the Los Angeles
County Community Development Commission (CDC) CDBG funds assist cities in providing housing, economic
development and /or public service activities that benefit low and moderate income persons
Included among the City's 1995 -1996 CDBG Program activities are a senior nutritional project, an at -risk youth
referral and counseling project, and a health maintenance and home cleaning project for the City's elderly and
handicapped home -bound residents The requested contract amounts are consistent with the 1995 -96 budget
approved by the City Council
DISCUSSION:
In order to successfully implement each of these projects, the City solicits qualified agencies and /or consultants
to perform these varied services HUD requires that cities obtain informal bids (for contracts $25,000 or less)
every three years for any public service contract Last year, informal bids were requested for both the Senior
Citizen Nutritional Counseling Project and Senior In -Home Care Project Tamtec Company and Just Right
Help, II, Inc, respectively, were determined to be the most qualified service providers, based upon experience,
fee schedules, program specifications, and staffing capabilities Thus, the City will not need to solicit bids this
Program Year (1995 -1996) for these projects
(Continued on next page)
ATTACHED SUPPORTING DOCUMENTS:
A Public Service Agreements
FISCAL IMPACT:
(Check one) Operating Budget: CDBG Capital Improv. Budget:
No General Fund Amount Requested: $11.000 $20.800 $11.500
Money Project/Account Budget: 11.000 26.000 13.500
Project/Account Balance: 11.000/ 26.000/ 13.500 Date: 7/1/95
Account Number: 2747-621412743-6214/ 2781 -6214
Project Phase: N/A
Appropriation Required - Yes_ No _X_
ORIGINATE[ j / Date: %
L k7 ^✓ `�� -�
Hyrum Director of Planning and Build g Safety
REVIEW Date:
7
Ja Morrison, City Manager
59
DISCUSSION, Continued
The South Bay Youth Project, a private organization sponsored by the City of Redondo Beach, has been
providing counseling services to El Segundo's high risk youth since December, 1992 Informal bids were
solicited at the project's inception, therefore informal bids are not required at this time However, should the
project continue again during the next program year (1996- 1997), proper procurement procedures must be
followed
The Senior Citizen Nutritional Counseling project and Senior In -Home Care project have been serving the City's
special needs population for four years Both projects are highly successful Additionally, community demand
for these activities steadily increases Senior Nutritional Counseling attracted more than two hundred
participants this year, while In -Home Care conducted more than five hundred home visits to approximately
seventy -five residents This year's total budget allocation for the Senior Citizen Nutritional Counseling Project
will be $13,500 The contract amount for Tamtec Company will be $11,500 Two thousand dollars ($2,000)
has been set aside for class materials and supplies Similarly, the total annual allocation for the Senior In-
Home Care Project will be $26,000 Just Right Help, Il, Inc's contract amount will be $20,800 The remaining
portion of $5,200 has been set aside for administrative support services provided by City staff
The South Bay Youth Project enables El Segundo Unified School District students, who are at -risk youths, to
receive confidential, professional counseling for alleged instances of physical and /or emotional abuse Last
year, approximately twenty -five youth obtained services The total annual budget for the Juvenile Diversion
Project will be $11,000 The South Bay Youth Project will receive the entire allocation of $11,000
The contracted service provider for the Senior In -Home Care project, Just Right Help, II, Inc, was recently
purchased by Little Company of Mary Hospital Their new administration is in the process of reviewing the
contract, which is the same as previous years' contracts In order to provide uninterrupted service to the
residents, this contract is being brought before the Council without the benefit of their final review If there are
minor non - substantive changes, staff requests authorization to revise the contract accordingly, with review and
approval of the City Manager and City Attorney
P M 60
PUBLIC SERVICE AGREEMENT BETWEEN
THE CITY OF EL SEGUNDO AND THE CITY OF
REDONDO BEACH (TIME SOUTH BAY YOUTH PROJECT)
This Agreement, made and entered into this 1st day of Jilly, IM, by and
between the City of El Segundo, a municipal corporation (CITY), and the City of Redondo
Beach, a chartered municipal corporation, ( REDONDO BEACH) acting as the sponsoring
agency for THE SOUTH BAY YOUTH PROJECT. It is understood by the parties that the
obligations performed under this Agreement by THE SOUTH BAY YOUTH PROJECT
shall be performed by the City of Redondo Beach employees operating THE SOUTH BAY
YOUTH PROJECT.
WHEREAS, REDONDO BEACH administers THE SOUTH BAY YOUTH
PROJECT for nine South Bay cities through members of its staff assigned to the Project;
WHEREAS, THE SOUTH BAY YOUTH PROJECT possesses the knowledge,
expertise, and experience to provide the programmatic services necessary for the
successful operation of troubled youth counseling program and is desirous of furnishing
these services,
NOW, THEREFORE, in consideration of the foregoing recitals each of the parties
herein set forth, the parties hereto do mutually agree as follows-
SERVICES - THE SOUTH BAY YOUTH PROJECT will utilize CITY Community
Development Block Grant (CDBG) funds to contract for counseling services for El
Segundo Unified School District students for a period of one year beginning July 1,
1995, and ending June 30, 1996 The following services will be provided in
accordance with the conditions herein set forth:
A. Identify "high -risk" students suspected of being victims of physical and/or
emotional abuse,
B. Conduct initial assessments of high -risk youth and recommend appropriate
counseling services; and/or
C Refer high -risk youth to professional, bona -fide therapists for further
consultation, if necessary and where appropriate
The above services must be provided to the City of El Segundo residents from
households meeting verified low and moderate income criteria as established by
the Federal Housing and Urban Development Department (HUD) and the Los
Angeles County Community Development Commission (COUNTY) At least 51% of
the clients served must meet said low and moderate household income criteria and
must be verified residents of the City of El Segundo Residency information must
be kept on all clients served under this program. However, the nature and
condition under which this program will serve its clientele presumes that the
program's recipients are principally low and moderate income persons (i e., abused
children)
HUD has determined that the following groups can generally be presumed to be of
low or moderate income and, therefore, qualify for services provided with CDBG
61
youth 21
funds without proof of household income status: abused children, elderly persons,
persons with AIDS, battered spouses, homeless persons, illiterate persons, and
migrant farm workers. This presumption, however, may be challenged by CITY,
COUNTY, or HUD should it be apparent that a substantial number of persons
qualifying under these guidelines clearly do not meet low and moderate household
income requirements.
1I TIME OF PERFORMANCE - Said services contracted with THE SOUTH BAY
YOUTH PROJECT under this Agreement shall be for a one year period,
commencing July 1, 1995 and ending June 30, 1996.
III COMPENSATION AND METHOD OF PAYMENT - Upon compliance with
specified performance requirements, CITY shall reimburse THE SOUTH BAY
YOUTH PROJECT an amount not to exceed $11,000 which shall constitute full
and complete satisfaction of the obligations under this Agreement. The parties
understand and agree that such reimbursement, if any, shall be conditioned upon
receipt of CDBG funds by CITY from COUNTY and shall not be a charge on any
other funds of CITY. Such funds, if any, shall be paid only after development and
execution of a Memorandum of Understanding between CITY and COUNTY
necessary to implement the project covered by this Agreement, and receipt and
approval by CITY of a periodic detailed invoice, and any other program monitoring
reports required by CITY, in a form specified by CITY. Payments shall be made by
CITY to THE SOUTH BAY YOUTH PROJECT in quarterly installments pursuant
to the following: After services have been rendered by THE SOUTH BAY YOUTH
PROJECT, a detailed invoice on forms provided by CITY shall be submitted to
CITY. CITY will then process payment to THE SOUTH BAY YOUTH PROJECT
and pursue claim for payment from COUNTY, based upon said invoice. Payment
will be made to THE SOUTH BAY YOUTH PROJECT in the amount of the invoice
as approved by CITY and subject to return to CITY should the COUNTY prove
unwilling or unable to reimburse CITY for said payment.
IV SOURCE OF FIIND3 - THE SOUTH BAY YOUTH PROJECT will be receiving
funds from the Department of Housing and Urban Development through this
CDBG program, as regulated in 24 Code of the Federal Regulations Part 570
Community Development Block Grant Program Final Rule as published in the
Federal Register.
V COMPLIANCE WITH LAWS - All parties agree to be bound by applicable
Federal, State, and local laws, ordinances, regulations and directives as they
pertain to the performance of this Agreement. This Agreement is subject to and
incorporates the terms of Subpart K of the CDBG Regulations and all other
applicable Federal Standards Provision, inclusive of the Civil Rights Act of 1964,
Title VI; Section 109 of the Housing and Urban Development Act of 1974; Equal
Employment Opportunity, Executive Order 11246, as amended by Executive Order
11375; Conflict of Interest; Access to Records; Retention of Records; Compliance
with Laws; and, Section 3 of the Housing and Urban Development Act of 1965.
Further, this Agreement is also subject to and incorporates the terms of the
Housing and Community Development Act of 1974, as amended; 24 Code of the
Federal Regulations Part 570 Community Development Block Grant Program Final
Rule as published in the Federal Register; OMB Circulars A -87, A -95, A -102, A -110
2 youmzi
* 1 62
1 / 1-�
EL SEGUNDO CITY COUNCIL MEETING DATE: 8/1/95
AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Adoption of Plans and Specifications No. PW 95 -7 for the Sealing of
the Concrete Parking Deck Over the Water Reservoir at 400 Lomita
Street (estimated project cost $80,000.00).
RECOMMENDED COUNCIL ACTION:
1. Adopt plans and specifications.
2. Authorize Staff to advertise project for receipt of
construction bids.
BRIEF SUMMARY:
The City's Water Facility at 400 Lomita Street has a reservoir
which stores 6.3 million gallons of water. The concrete roof of
this reservoir, which was constructed in 1981, is used as a public
parking lot with access from Maryland Street. The parking lot
surface (approximately 25,000 square feet) was sealed when the
reservoir was constructed to prevent parking lot surface
contamination from entering the reservoir's water supply. Over the
past fourteen (14) years, the surface seal has worn off due to the
action of the elements and parking lot traffic, and is in need of
replacement.
Staff has prepared plans and specifications to re -seal the parking
lot's surface. The proposed work includes removing the existing
deteriorated seal material, crack sealing, application of a primer
and three (3) coats of seal material, and replacement of the
parking stall markings. The project is estimated to cost
$80,000.00 including design and inspection costs.
Funds for the implementation of the project are budgeted in the
adopted 1995 -96 Capital Improvement Program.
ATTACHED SUPPORTING DOCUMENTS:
FISCAL IMPACT:
(Check one) Operating Budget:
Amount Requested:
Project /Account Budget:
Project /Account Balance:
Account Number:
Project Phase:
Appropriation Required:
Capital Improvement Budget: XX
$80,000.00
580,000.00
5801000.00 Date: 7/17/95
301 - 400 - 8204 -8390
Adoption of Plans and Specifications
Yes No XX
attachments A,B,C,F,H,N,O, A -122 (Revised), A -128, the following sections of
24CFR Part 85 "Uniform Administrative Requirements for Grants and Cooperative
Agreements to State and Local Governments ": 85 3, 85.6, 85.12, 85.20 -22, 85.26,
85.32 -37, 85 41 -44, 85.51 -52; the Los Angeles County Auditor - Controller Contract
Accounting and Administration Handbook; the CITY CDBG Program Guidelines;
and all amendments or successor regulations or guidelines thereto.
VI PROGRAM EVALUATION AND REVIEW - THE SOUTH BAY YOUTH PROJECT
shall make performance, financial, and all other records pertaining to this
Agreement available to all CITY and COUNTY personnel, and allow said CITY
and COUNTY personnel to inspect and monitor its facilities and program
operations, including the interviewing of THE SOUTH BAY YOUTH PROJECT
staff and program participants. THE SOUTH BAY YOUTH PROJECT agrees to
submit to CITY and COUNTY all data necessary to complete the Annual Grantee
Performance Report in accordance with the United States Department of Housing
and Urban Development (HUD) requirements in the format and at the time
designated by CITY or COUNTY Project Directors or their designees. Said data
must include verified residency information, verified household income status,
client ethnicity, and client head of household status (i e. male or female headed
household). THE SOUTH BAY YOUTH PROJECT agrees to submit to CITY
quarterly reports on CITY provided Quarterly Reporting forms and any other
reports deemed necessary by CITY.
VII HOMM DISCLDSM HE - THE SOUTH BAY YOUTH
PROJECT shall make available all books and records pertaining to each project
which is funded by CDBG under this Agreement for inspection and audit by
COUNTY's representatives, upon request, at any time for the duration of this
Agreement and during a period of three (3) years thereafter. All such books and
records shall be maintained by THE SOUTH BAY YOUTH PROJECT at a location
in Los Angeles County. Failure of THE SOUTH BAY YOUTH PROJECT to
comply with the requirements of this Section (8) shall constitute a material breach
upon which CITY may cancel, terminate, or suspend this Agreement.
VIII TBL DGET - THE SOUTH BAY YOUTH PROJECT agrees to submit a budget to
CITY in a format designated by CITY and will provide services to CITY in
compliance with said budget, as shown in Exhibit "A ", attached hereto and, by
reference, incorporated herein and made a part hereof. No budgetary changes
shall occur without prior written notice to, and written approval of amendments by
CITY.
I% TERMINATION AND TERMINATION CO3T3 - This Agreement may be
terminated at any time by either party upon giving thirty (30) days notice in
writing to the other party. CITY may immediately terminate this Agreement upon
the termination, suspension, or substantial reduction in CDBG funding for this
Agreement or if, for any reason, the timely completion of the work under this
Agreement is rendered improbable, infeasible, or impossible. In such event, THE
SOUTH BAY YOUTH PROJECT shall be compensated for all services rendered
and all necessarily incurred costs performed in good faith in accordance with the
terms of this Agreement that have not been previously reimbursed to the date of
said termination, limited to the extent CDBG funds are available.
youth 21
K, 63
In accordance with 24 CFR 85.43 "Uniform Administrative Requirements -
Enforcement ", suspension or termination may occur if THE SOUTH BAY YOUTH
PROJECT materially fails to comply with any term of this award Also, the award
may be terminated for convenience in accordance with 24 CFR 85.44 "Uniform
Administrative Requirements - Termination for Convenience ".
% LIA$
A. CITY shall not assume any liability for direct payment of any salaries,
wages, or other compensation to any SOUTH BAY YOUTH PROJECT
personnel or sub- contractor performing services hereunder for CITY, or any
liability other than provided for in this Agreement.
B. CITY shall not be liable for compensation or indemnity to any SOUTH BAY
YOUTH PROJECT employee or subcontractor for injury or sickness arising
out of his/her employment, or for any negligent actions of THE SOUTH
BAY YOUTH PROJECT or its employees.
C. All persons employed in the performance of this Agreement will be acting in
an independent capacity and not as agents, employees, partners, joint
venturers, or associates of one another. Employees of THE SOUTH BAY
YOUTH PROJECT, and as such shall not, for any purposes, be considered
employees of the CITY and, therefore, shall have no right to any CITY
service, civil service, or other CITY status. No CITY employee benefits
shall be available to THE SOUTH BAY YOUTH PROJECT in connection
with the performance of this Agreement
D. 1. REDONDO BEACH - THE SOUTH BAY YOUTH PROJECT agrees
to indemnify and save harmless CITY, its elected and appointed
officials, officers, agents, and employees against any and all claims,
liability, judgements, costs or expenses including all reasonable costs
necessary to defend a lawsuit, including attorney fees, investigators,
filing fees, transcripts, court reporters and other reasonable costs
necessary of investigation and defense resulting from the wrongful or
negligent acts or omissions of REDONDO BEACH - SOUTH BAY
YOUTH, its agents, subcontractors, and employees arising from work
performed pursuant to Section 1 of this Agreement.
2. CITY understands and acknowledges that REDONDO BEACH is a
member of the Independent Cities Risk Management Association,
pursuant to a joint powers agreement, and the limits of liability
under the agreement is $10,000,000. REDONDO BEACH is
obligated to pay the first $500,000 of any claim. REDONDO BEACH
agrees that every professional provider of services with whom the
City Contracts on behalf of the SOUTH BAY YOUTH shall have
professional liability insurance which shall be in full force and effect
during the period of the contract.
3. REDONDO BEACH - SOUTH BAY YOUTH PROJECT agrees to
name CITY as additionally insured on said insurance policy or
policies and will provide a certificate or certificates of insurance as
proof of coverage with a written "Notification of Cancellation" period
of not less than 30 days.
youth 21
XI CONFLICT OF INTEBEST - THE SOUTH BAY YOUTH PROJECT and its
employees shall comply with all applicable Federal, State, and local laws governing
conflict of interest.
X11 DISCRIlYIINATION - No person shall on the grounds of race, sex, age, creed, color,
religion, or national origin, be excluded from participation in, be refused the
benefits of, or otherwise be subjected to discrimination in any programs or
employment supported by this Agreement.
%III AUDIT EXCEPTIONS - THE SOUTH BAY YOUTH PROJECT agrees that in the
event the program established hereunder is subjected to audit exceptions, THE
SOUTH BAY YOUTH PROJECT shall be responsible for complying with such
exceptions and paying CITY the full amount of CITY's liability to COUNTY
resulting from such audit exceptions.
XIV STATUS OF THE SOUTH BAY YOUTH PROJECT - THE SOUTH BAY YOUTH
PROJECT is an independent contractor in all respects in the performance of this
Agreement
XV SUBCONTRACT - Any subcontracts entered into by THE SOUTH BAY YOUTH
PROJECT for services to be rendered toward the completion of THE SOUTH BAY
YOUTH PROJECT's portion of this Agreement shall be for THE SOUTH BAY
YOUTH PROJECT's benefit alone and, as such, THE SOUTH BAY YOUTH
PROJECT shall assume all liability for said subcontract. CITY shall assume no
liability for said subcontract. THE SOUTH BAY YOUTH PROJECT agrees to
provide a list of all subcontractors to be used in connection with services to be
rendered toward the completion of its portion of this Agreement to CITY within ten
(10) working days of execution of this Agreement.
XVI - This Agreement may be amended so long as such amendment is
in writing and agreed upon by both CITY and THE SOUTH BAY YOUTH
PROJECT.
XVII DEFAULT - In the event THE SOUTH BAY YOUTH PROJECT is in default under
the terms of this Agreement, it is expressly agreed that CITY shall have no
obligation or duty to continue compensating THE SOUTH BAY YOUTH PROJECT
for any work performed after the date of default.
%VIII - Each party agrees that in the event of a court determination
that a party is to default in the performance of this Agreement, said party will
reimburse the other for all expenses (including attorneys fees, investigators, filing
fees, transcripts, court reporters, and other reasonable costs) incurred by such
party in connection with enforcement of its rights under this Agreement.
XIX REQUEST FOR FINAL PAYMEN P - CITY reserves the right to withhold ten
percent (10%) of the contract amount on a completed project until a Certification of
Completion is issued by CITY or COUNTY Project Directors, or their designees.
youth 21
yn�// -7- %
^x-% 14 - r
✓ h — 7
XX NOTICES - Notices shall be given pursuant to this Agreement by personal service
on the party to be notified, or by written notice upon such party deposited in the
custody of the United States Postal Service addressed as follows
A. CITY: City of El Segundo
350 Main Street
El Segundo, CA 90245
Attn Hyrum B. Fedje, Director of Planning
and Building Safety
B. SOUTH BAY YOUTH PROJECT-
The South Bay Youth Project
320 Knob Hill
Redondo Beach, California 90277
Phone No. (310) 372 -7724
Attn: Dan Smith, Executive Director
Notices shall be deemed to have been given as of the date of personal service, or as
of the date of deposit of the same in the custody of the United States Postal
Service.
XXI APPROVAL BY CITY COUNCIL - On , the City
Council of the City of El Segundo approved the City entering into this Agreement
and authorized the Director of Planning and Building Safety to sign this
Agreement on behalf of the City.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
date and year hereinabove written.
CITY OF EL SEGUNDO:
Hyrum Fedje, Director
Planning and Building Safety
ATTESTED:
Cindy Mortesen, City Clerk
City of El Segundo (SEAL)
APPROVED AS TO FORM:-�q
land C Dolley, CA Y' Attorney
City of El Segundo
SOUTH BAY YOUTH PROJECT:
Executive Director
Mayor, City of Redondo Beach
ATTESTED:
City Clerk
City of Redondo Beach
APPROVED AS TO FORM
City Attorney
City of Redondo Beach
N
(SEAL)
youth 21
PL--a--F 66
SOUTH BAY YOUTH PROJECT will be paid at the rate of $35 per hour for counseling
services rendered to "at- risk" children and youth in the City of El Segundo. Hours per
month will vary according to the number of clients served and the number of visits
(hours) required to complete the counseling needed. Clients usually attend a series of
eight (8) counseling sessions, both individual and in a group with the family involved.
Kugr 1;
youth 21
Y��_ -7 -9
PUBLIC SERVICE AGREEMENT FOR
COMMUNITY DEVELOPMENT BLOCK GRANT
CONSULTING SERVICES BETWEEN THE
CITY OF EL SEGUNDO AND TAMTEC COMPANY
THIS AGREEMENT is entered into this 1st day of July , 19 9, by and between THE
CITY OF EL SEGUNDO, Municipal Corporation of the State of California (hereinafter "CITY ") and
TAMTEC COMPANY , an independent consultant (hereinafter referred to as "CONSULTANT"),
and is made with reference to the following facts:
RECITALS
A. CITY, is the participant in the Los Angeles County Community Development
Commission's Community Development Block Grant (CDBG) Program. The Community
Development Block Grant program is funded by the United States Department of Housing and
Urban Development ( "HUD ") pursuant to Title I of the Housing and Community Development Act
of 1974, as amended ( "ACT").
B. CITY has approved the provision of federal funds under the ACT to be used to
provide specialized nutritional counseling, instruction, guidance, and information dissemination
pertaining to senior adult dietary needs. Approximately two hundred fifty elderly persons will
receive nutritional counseling during the course of the project's duration. Of that amount, at least
fifty -one (51 %) percent of the total number of persons served must be residents of the City of El
Segundo.
C On February 21. 1995 . CITY approved a grant for Senior Citizens Nutritional
Counseling for the CITY's 1995 -96 Community Development Block Grant ( "CDBG ") program
WHEREFORE, for and in consideration of the respective and mutual covenants hereinafter
contained and made, and subject to all the terms and conditions hereof, the parties do hereby
agree as follows.
I DESCRIPTION OF WORK
CONSULTANT agrees to use all federal funds provided by CITY to CONSULTANT
pursuant to this Agreement for said Community Development Block Grant (CDBG) program.
CDBG funds shall be used solely to provide nutritional counseling services to senior adults during
the course of the project year.
II TIME OF PERFORMANCE
This Agreement shall commence as of July 1, 1995 and shall remain in full force and
effect until June 30, 1996. Program will consist of approximately six (6) nutritional programs,
each approximately 2 hours in duration, featuring current nutritional guidance, lectures,
workshops, demonstrations, literature and taste tests. Program will also offer several, separate
nutritional market trips throughout the program year.
III PERFORMANCE.
CONSULTANT shall employ, at a minimum, generally accepted standards and practices
utilized by persons engaged in providing similar services, as are required of CONSULTANT
hereunder, in meeting its obligations under this Agreement Consultant's performance under this
Agreement shall be continuously evaluated by Director of Planning and Budding Safety of the City
( "Director") or his or her designee. CONSULTANT shall be notified in- writing of any deficiency
1 TamMc - 21
��
ID 0
in a timely manner CONSULTANT shall have fifteen (15) consecutive business days from
service of such notification to cure any deficiency to the reasonable satisfaction of the Director
or his or her designee
IV EXTRA SERVICES.
No extra services shall be rendered by CONSULTANT under this Agreement unless such
extra services first shall have been authorized In writing by the CITY.
V COMPENSATION AND METHOD OF PAYMENT.
A. Maximum Compensation:
The total compensation to be paid by CITY to CONSULTANT for its services from CDBG
funds when, if and to the extent received from HUD, shall not exceed $11.500 for the total term
of the Agreement, including reimbursable expenses, unless additional payment is approved by
the City Council.
The CONSULTANT shall be compensated only as provided in this Agreement. The City
of El Segundo shall not be deemed responsible for any financial or other obligation which is
provided to regular employees of the City. The CONSULTANT shall not receive any fringe
benefits of any kind The CITY shall not make any deductions from the compensation specified
in this Agreement nor provide any coverage for, but not limited to, unemployment, disability,
liability, health, dental, life or any other forms of insurance and pension programs, including the
state of California's Public Employee's Retirement System and Federal Social Security. The CITY
shall not withhold any money for Federal and State Income Taxes. The CITY shall not grant any
paid time off from work for illness, vacation, holidays or any other leave
B. Method of Payment.
The CONSULTANT shall submit monthly invoices to the CITY specifying the amount due
for actual services performed by the CONSULTANT. Such invoices shall describe the services
performed and specify the number of hours worked and the number of clients served during the
invoice billing period. The CITY will review each invoice submitted by the CONSULTANT to
determine whether the services performed and materials submitted are in compliance with the
provisions of this Agreement. All invoices shall be approved or returned to CONSULTANT for
correction The CITY shall pay one - hundred (100 %) of the amount of the invoice within thirty (30)
days following approval of each invoice by the CITY.
VI SUSPENSION. TERMINATION OR ABANDONMENT OF AGREEMENT.
The CITY may, at any time, with or without cause, suspend, terminate or abandon this
Agreement, or any portion hereof, by serving upon the CONSULTANT at least thirty (30) days
prior written notice. Upon receipt of said notice, the CONSULTANT shall immediately cease all
work under this Agreement, unless the notice provides otherwise Upon receipt of such notice,
the CONSULTANT shall immediately prepare and serve upon the CITY an invoice covering all
outstanding fees or other claimed compensation Within thirty (30) days after approval of said
invoice, the CITY shall cause payment to the CONSULTANT the amount so approved, or the
CITY shall provide the CONSULTANT with a written statement objecting to the charge. For
incomplete tasks in progress as of the date of the giving of notice of termination by the CITY,
CONSULTANT shall be compensated for actual costs and work performed as of the effective date
of such notice.
Tame - 21
t ,w, 69
PL -.T - //
If the CITY suspends, terminates or abandons a portion of this Agreement, such
suspension, termination or abandonment shall not make void or invalidate the remainder of this
Agreement
VII BREACH OF CONTRACT.
In the event that CONSULTANT is in default under the terms of this Agreement, the CITY
shall have no obligation or duty to continue compensating CONSULTANT for any work performed
after the tasks described herein are performed to the reasonable satisfaction of the Director of
Planning and Building Safety of the City. Failure by the CONSULTANT to make progress in the
performance of work hereunder, if such failure arises out of causes beyond his control, and
without fault or negligence of the CONSULTANT, shall not be considered a default.
If the Director or his or her designee determines that the CONSULTANT is in default in
the performance of any of the terms or conditions of this Agreement, it shall serve the
CONSULTANT with written notice of the default The CONSULTANT shall have ten (10) days
after service upon it of said notice in which to cure the default by rendering a satisfactory
performance. In the event that the CONSULTANT fads to cure its default within such period of
time, the CITY shall have the right, notwithstanding any other provision of this Agreement, to
terminate this Agreement without further notice and without prejudice to any other remedy to
which it may be entitled at law, in equity or under this Agreement
VIII OWNERSHIP OF DOCUMENTS.
All original documents, designs, drawings and notes prepared in the course of providing
the services to be performed pursuant to this Agreement shall become the sole property of the
CITY and may be used, reused or otherwise disposed of by the CITY without the permission of
the CONSULTANT. Upon termination of this Agreement, CONSULTANT shall turn over to CITY
all ongmal papers, drawings, models, reports, documents or other materials generated by
CONSULTANT under this Agreement.
IX OWNERSHIP OF MATERIALS.
All reports, documents, floppy discs, diskettes or other materials developed or discovered
by CONSULTANT during the course of this Agreement shall be solely the property of the CITY
without restriction or limitation on CITY's use.
X CONFIDENTIALITY.
CONSULTANT shall not, either during or after the term of this Agreement, disclose to any
third party any confidential information relative to the work or the business of the CITY and /or any
affiliated organization, without the written consent of the CITY.
XI PUBLICATION.
Publication, teaching or reproduction by CONSULTANT of information directly derived from
work performed or data obtained in connection with services rendered under this Agreement is
prohibited unless first approved in writing by CITY
XII RECORDS AND AUDITS
The CONSULTANT shall maintain accounts and records, including personnel, property
and financial records, adequate to identity and account for all costs pertaining to this Agreement
and such other records as may be deemed necessary by the CITY to assure proper accounting
for all project funds, both federal and non - federal shares These records will be made available
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for audit purposes to the CITY or any authorized representative, and will be retained for three
years after the expiration of this Agreement unless permission to destroy them is granted by the
CITY
XIII EQUAL EMPLOYMENT OPPORTUNITY
CONSULTANT shall not discriminate against any employee or applicant for employment
in its recruiting, hiring, promotion, demotion, transfer, layoff, rates of pay or other forms of
compensation, selection for trammg including apprenticeship, or termination practices on the basis
of race, religious creed, color, national origin, ancestry, sex, age or physical handicap in the
performance of this Agreement. CONSULTANT shall comply with the provisions of the State Fair
Employment Practices Act as set forth in the California Fair Employment and Housing Act, Title
2, Division 3, Part 2.8, of the California Government Code, Section 12900 et. seq.
XIV COMPLIANCE WITH FEDERAL REGULATIONS
During the performance of this Agreement, the Consultant agrees to comply with the
following Federal provisions:
Executive Order 11246 requires that during the performance of this agreement, the Consultant
agrees not to discriminate against any employee or applicant for employment because of race,
religion, sex, color or national origin. The CONSULTANT will take affirmative action to ensure
that applicants are employed, and that employees are treated during employment, without regard
to their race, religion, sex, color or national origin. Such action shall include, but not be limited
to the following: employment, upgrading, demotion, or transfer; rates of pay or other forms of
compensation; and selection for training, including apprenticeship. The CONSULTANT agrees
to post in conspicuous places, available to employees and applicants for employment, notices to
be provided by the Consultant setting forth the provisions of this non - discrimination clause
Section 3 of the Housing and Community Development Act of 1968, as amended, 12 U.S.C. 1701
at seq., requires that, to the greatest extent feasible, opportunities for training and employment
be given to lower income residents of the project area and contracts for work in connection with
the project be awarded to business concerns which are located in or owned in substantial part
by persons residing in the area of the project.
Title VI of the Civil Rights Act of 1964 provides that no person shall, on the grounds of race,
color, or national origin, be excluded from participation in, be denied the benefits of, or be subject
to discrimination under any program or activity receiving federal financial assistance.
Section 109, Title I of the Housing and Community Development Act of 1974 provides that no
person shall, on the grounds of race, color, national origin, or sex be excluded from participation
in, be denied the benefits of, or be subjected to discrimination under any program of activity
funded in whole or in part with funds made available under this title
Any prohibition against discrimination on the basis of age under the Age Discrimination Act of
1975, or with respect to an otherwise qualified handicapped individual, as provided in Section 504
of the Rehabilitation Act of 1973, shall also apply.
Shall comply with all regulations of the Americans With Disabilities Act (ADA) of 1990 (42 USC
Section 12101 et seq.).
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XV INTEREST OF MEMBERS OF THE CITY
No member of the governing body of the CITY and no other officer, employee, or agent
of the CITY who exercises any functions or responsibilities in connection with the planning and
carrying out of the program shall have any personal financial interest, direct or indirect, in the
Agreement; and the CONSULTANT shall take appropriate steps to assure compliance.
XVI INTEREST OF OTHER LOCAL PUBLIC OFFICIALS
No member of the governing body of the locality and no other public official of such
locality, who exercises any functions or responsibilities in connection with the planning and
carrying out of the program, shall have any personal financial interest, direct or indirect, in this
Agreement; and the CONSULTANT shall take appropriate steps to assure compliance.
XVII INTEREST OF CONSULTANT AND EMPLOYEES
No person performing services for CITY in connection with this Agreement shall have a
financial or other personal interest other than her employment or retention by CITY in any contract
or subcontract in connection with this Agreement. The CONSULTANT further covenants that in
the performance of this Agreement, no person having any such interest shall be employed.
XVIII INDEPENDENT CONTRACTOR
The CONSULTANT shall perform the services as contained herein as an independent
contractor and shall not be considered an employee of CITY or under CITY supervision or control.
This Agreement is by and between the CONSULTANT and CITY and is not intended, and shall
not be construed, to create the relationship of agent, servant, employee, partnership, joint venture,
or association, between the CITY and the CONSULTANT.
XIX LEGAL RESPONSIBILITIES
The CONSULTANT shall, at all times during the term of this Agreement, have in full force
and effect, all licenses and permits required of it by law. The CONSULTANT shall keep itself
informed of State and Federal laws and regulations which in any manner affect those employed
by the CONSULTANT or in any way affect the performance of the services pursuant to this
Agreement The CONSULTANT shall at all times observe and comply with all applicable laws,
ordinances, codes and regulations of federal, state and local governments, including but not
limited to the El Segundo Municipal Code. The City, and its officers, employees or agents, shall
not be liable at law or in equity occasioned by failure of the CONSULTANT to comply with this
section CONSULTANT may be required to file a Statement of Economic Interests (Form 730
of the California Fair Political Practices Commission) with the CITY for employees designated to
the CITY to be used on this project prior to the execution of this Agreement.
XX UNAUTHORIZED ALIENS
CONSULTANT hereby promises and agrees to comply with all of the provisions of the
Federal Immigration and Nationality Act (S US C.A. § 1101, at seq.), as amended; and, in
connection therewith, shall not employ unauthorized aliens as defined therein. Should
CONSULTANT so employ such unauthorized aliens for the performance of work and /or services
covered by this Agreement, and should the Federal Government impose sanctions against the
CITY for such use of unauthorized aliens, CONSULTANT hereby agrees to, and shall, reimburse
CITY for the cost of all such sanctions imposed, together with any and all costs, including
attorneys' fees, incurred by the CITY in connection therewith.
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XXI SUCCESSOR AND ASSIGNMENT
The services as contained herein are to be rendered by the CONSULTANT whose name
is as appears first above written and said CONSULTANT shall not assign nor transfer any interest
in this Agreement without the prior written consent of the CITY The Agreement shall be binding
upon the heirs, executors, and administrators, successors and assigns of the parties hereto.
Claims for money by CONSULTANT from the CITY under this Agreement may be assigned to
bank, trust company, or other financial institution without such approval. Written notice of any
such assignment or transfer shall be furnished promptly to the CITY.
XXII INDEMNIFICATION
The CONSULTANT agrees to indemnify, defend and save harmless the CITY, its agents,
officers and employees from and against any and all liability, expense, including defense costs
and legal fees, and claims for damages of any nature whatsoever including, but not limited to,
bodily injury, death, personal injury, or property damage arising from or connected with negligent
acts, errors or omissions associated with the CONSULTANTS operations, or its services
hereunder, including any workers compensation suit, liability, or expense, arising from or
connected with the services performed by or on behalf of CONSULTANT by any person pursuant
to this Agreement.
XXIII INSURANCE
A Liability Insurance
The undersigned shall not be an agent of the City of El Segundo and shall perform
its tasks under this Agreement independently under its own supervision and control The Director
of Planning and Budding Safety has determined that the undersigned is unable to provide liability
insurance in an amount satisfactory to the Director of Planning and Budding Safety ($2 million)
which names the CITY as an additional insured and provides for 30 days prior notification of
cancellation Therefore, the undersigned hereby agrees to indemnify and hold harmless the City
of El Segundo from any and all damages, including attorney's fees, resulting in any way from the
undersigned's performance under this contract including damages from third parties, from the
undersigned, or from any of the undersigned's employees.
B. Workers' Compensation Insurance
Prior to the effective date of this Agreement, the CONSULTANT shall file with the
CITY the following signed certification
'I am aware of, and will comply with Section 3700 of the Labor
Code, requiring every employer to be insured against liability of
Workers' Compensation or to undertake self- insurance before
commencing any of the work.'
The CONSULTANT shall also comply with Section 3700 of the Labor Code by securing,
paying for and maintaining in full force and effect for the duration of this Agreement, complete
Workers' Compensation insurance.
C. Termination for Lack of Required Insurance Coverage
If CONSULTANT, for any reason, fads to have in place, at all times during the term
of this Agreement, all required insurance and coverage, the CITY may obtain such coverage at
CONSULTANT's expense, and deduct the cost thereof from sums due CONSULTANT hereunder,
and/or terminate this Agreement, forthwith.
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XXIV SEVERABILITY
This Agreement contains the entire understanding between the CITY and CONSULTANT
Any prior agreements, promises, negotiations or representations not expressly set forth herein
are of no force or effect. Subsequent modifications to this Agreement shall be effective only if
in writing and signed by all parties If any term, condition or covenant of this Agreement is held
by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions
of this Agreement shall be valid and binding.
XXV WAIVER
Waiver by any party hereto of any term, condition, or covenant of this Agreement shall
not constitute the waiver of any other term, condition, or covenant hereof.
XXVI CHANGES
The CITY may request changes in the scope of the services of the CONSULTANT to be
performed hereunder. Such changes, including any increase or decrease in the amount of the
CONSULTANTS compensation, which are mutually agreed upon by and between the CITY and
the CONSULTANT, shall be incorporated in written amendments to this Agreement.
XXVII REPORTS AND INFORMATION
The CONSULTANT, at such times and in such forms as the CITY may require, shall
furnish the CITY such periodic reports as it may request pertaining to the work or services
undertaken pursuant to this Agreement, the costs and obligations incurred or to be incurred in
connection therewith, and any other matters covered by this Agreement
CONSULTANT agrees to provide CITY with a written quarterly summary of activities on
or before the 5th day of the month following the end of a quarter of the project year (October,
January, April, and July). If CONSULTANT fails to do so, CITY may withhold funds until said
written quarterly summary has been received Ethnic and Head of Household data, consistent
with HUD's Grantee Performance Report requirements, must also be provided
XXVIII PERSONNEL
CONSULTANT represents that it has, or will secure at its own expense, all personnel
required in performing the services under this Agreement. All of the services required hereunder
will be performed by CONSULTANT or under its supervision and all personnel engaged in the
work shall be fully qualified and shall be authorized or permitted under state and local law to
perform such services None of the work or services covered by this Agreement shall be
subcontracted without the prior written approval of the CITY. Any work or services subcontracted
hereunder shall be specified by written contract or agreement and shall be subject to each
provision of this Agreement.
XXIX CONFLICT OF INTEREST
No person performing services for the City of El Segundo in connections with this
Agreement shall have a financial or other personal interest other than his or her employment or
retention by the City of El Segundo in any contract or subcontract in connection with this
Agreement. No officer or employee of such person retained by the City of El Segundo shall have
any financial or other personal interest in any real property in which the plans of said property are
being checked in connection with this Agreement.
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XXX ATTORNEY'S FEES
If litigation is reasonably required to enforce or interpret the provisions of this Agreement,
the prevailing party in such litigation shall be entitled to an award of reasonable attorney's fees,
in addition to any other relief to which it may be entitled.
XXXI LOBBYING CERTIFICATION
The CONSULTANT certifies that:
1 No Federal appropriated funds have been paid or will be paid, by or on behalf of
the CONSULTANT, to any person for influencing or attempting to influence an officer or employee
of any agency, a Member of Congress, an officer or employee of Congress, or an employee of
a Member of Congress in connection with the awarding of any Federal contract, the making of
any cooperative agreement, and the extension, continuation renewal, amendment, or modification
of any Federal contract, grant, loan or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid
to any person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer of employee of Congress, or an employee of a Member of
Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the
CONSULTANT shall complete and submit Standard Form -LLL, "Disclosures Form to Report
Lobbying ", in accordance with its instructions
3. The CONSULTANT shall require that the language of this certification be included
in all subcontracts and that all subcontractors shall certify and disclose accordingly
XXXII NOTICES
Notices, herein shall be presented in person or by certified or registered U.S. Mail, as
follows-
to the CONSULTANT. Marie Nussmeier
Tamtec Company
12593 Westmont Drive
Moorpark, CA 93021
(805) 523 -0442
to the CITY: Hyrum B. Fedje
Director of Planning and Budding Safety
City of El Segundo
350 Main Street
El Segundo, California 9024
(310) 322 -4670
XXXIII GOVERNING LAW
This Agreement shall be interpreted and construed according to the laws of the State of
California.
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On , the City Council of the City of El Segundo approved the City entering
into this Agreement and authorized the Director of Planning and Building Safety to sign this
Agreement on behalf of the City
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
the day and year first above written
SIGNATURES
CONSULTANT:
Marie Nussmeier, President
Tamtec Company
CITY OF EL SEGUNDO:
Hyrum B Fedle, Director
Planning and Building Safety
ATTESTED:
Cindy Mortesen, City Clerk (SEAL)
APPROVED AS TO FORM:
& , q�)Z Cti ,
Lefand C. Dolley, City At orney
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PUBLIC SERVICE AGREEMENT FOR
COMMUNITY DEVELOPMENT BLOCK GRANT
CONSULTING SERVICES BETWEEN THE CITY OF
EL SEGUNDO AND JUST RIGHT HELP, II, INC.
THIS AGREEMENT is entered into this 1st day of Jul--, 19n by and between THE
CITY OF EL SEGUNDO, Municipal Corporation of the State of California (hereinafter "CITY ") and
JUST RIGHT HELP. II. INC., a non - profit corporation (hereinafter referred to as "CONSULTANT"),
and is made with reference to the following facts:
RECITALS
A CITY, is the participant in the Los Angeles County Community Development
Commission's (hereinafter "COUNTY ") Community Development Block Grant (CDBG) Program.
The Community Development Block Grant program is funded by the United States Department
of Housing and Urban Development ( "HUD") pursuant to Title I of the Housing and Community
Development Act of 1974, as amended ( "ACT").
B. CITY has approved the provision of federal funds under the ACT to be used to
provide in -home services to local shut -ins who require, medical, physical, and /or home
maintenance assistance. Approximately one hundred (100) elderly and /or handicapped persons
will be assisted during the course of the project's duration. Of that amount, at least fifty -one
(51 %) percent of the total number of persons served must be residents of the City of El Segundo.
C. On February 21. 1995 , CITY approved a grant for Senior In -Home Care for the
CITY's 1995 -96 Community Development Block Grant ( "CDBG ") program.
WHEREFORE, for and in consideration of the respective and mutual covenants hereinafter
contained and made, and subject to all the terms and conditions hereof, the parties do hereby
agree as follows•
I DESCRIPTION OF WORK
CONSULTANT agrees to use all federal funds provided by CITY to CONSULTANT
pursuant to this Agreement for said Community Development Block Grant (CDBG) program.
CDBG funds shall be used solely to provide in -home care services to senior and /or handicapped
adults during the course of the project year.
II TIME OF PERFORMANCE
This Agreement shall commence as of July 1, 1995 and shall remain in full force and
effect until June 30, 1996. Program will consist of weekly, bi- monthly, or monthly visits to service
the client's needs most effectively as determined by the Recreation and Parks Department's
Outreach personnel
III PERFORMANCE.
CONSULTANT shall employ, at a minimum, generally accepted standards and practices
utilized by persons engaged in providing similar services, as are required of CONSULTANT
hereunder, in meeting its obligations under this Agreement. Consultant's performance under this
Agreement shall be continuously evaluated by Director of Planning and Building Safety of the City
( "Director ") or his or her designee. CONSULTANT shall be notified in writing of any deficiency
in a timely manner. CONSULTANT shall have fifteen (15) consecutive business days from
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service of such notification to cure any deficiency to the reasonable satisfaction of the Director
or his or her designee.
IV EXTRA SERVICES.
No extra services shall be rendered by CONSULTANT under this Agreement unless such
extra services first shall have been authorized in writing by the CITY.
V COMPENSATION AND METHOD OF PAYMENT.
Upon compliance with specified performance requirements, CITY shall reimburse
CONSULTANT an amount not to exceed $20,800 which shall constitute full and complete
satisfaction of the obligations under this Agreement. The parties understand and agree that such
reimbursement, if any, shall be conditioned upon receipt of CDBG funds by CITY from COUNTY
and shall not be a charge on any other funds of CITY. Such funds, if any, shall be paid only after
development and execution of a Memorandum of Understanding between CITY and COUNTY
necessary to implement the project covered by this Agreement, and receipt and approval by CITY
of a periodic detailed invoice, and any other program monitoring reports required by CITY, in a
form specified by CITY. Payments shall be made by CITY to CONSULTANT in monthly
installments pursuant to the following: After services have been rendered by CONSULTANT, a
detailed invoice on forms provided by CITY shall be submitted to CITY. CITY will then process
payment to CONSULTANT and pursue claim for payment from COUNTY, based upon said
invoice. Payment will be made to CONSULTANT in the amount of the invoice as approved by
CITY and subject to return to CITY should the COUNTY prove unwilling or unable to reimburse
CITY for said payment.
B. Method of Payment.
The CONSULTANT shall submit monthly invoices to the CITY specifying the amount due
for actual services performed by the CONSULTANT Such invoices shall describe the services
performed and specify the number of hours worked and the number of clients served during the
invoice billing period. The CITY will review each invoice submitted by the CONSULTANT to
determine whether the services performed and materials submitted are in compliance with the
provisions of this Agreement. All invoices shall be approved or returned to CONSULTANT for
correction.
C. Budget
CONSULTANT agrees to submit a budget to CITY in a format designated by CITY and
will provide services to CITY in compliance with said budget, as shown in Attachments 1 and 2,
attached hereto and, by reference, incorporated herein and made a part hereof. No budgetary
changes shall occur without prior written notice to, and written approval of amendments by CITY.
VI SUSPENSION, TERMINATION OR ABANDONMENT OF AGREEMENT.
The CITY may, at any time, with or without cause, suspend, terminate or abandon this
Agreement, or any portion hereof, by serving upon the CONSULTANT at least thirty (30) days
pnor written notice. Upon receipt of said notice, the CONSULTANT shall immediately cease all
work under this Agreement, unless the notice provides otherwise. Upon receipt of such notice,
the CONSULTANT shall immediately prepare and serve upon the CITY an invoice covering all
outstanding fees or other claimed compensation. Within thirty (30) days after approval of said
invoice, the CITY shall cause payment to the CONSULTANT the amount so approved, or the
CITY shall provide the CONSULTANT with a written statement objecting to the charge. For
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incomplete tasks in progress as of the date of the giving of notice of termination by the CITY,
CONSULTANT shall be compensated for actual costs and work performed as of the effective date
of such notice.
If the CITY suspends, terminates or abandons a portion of this Agreement, such
suspension, termination or abandonment shall not make void or invalidate the remainder of this
Agreement.
VII BREACH OF CONTRACT.
In the event that CONSULTANT is in default under the terms of this Agreement, the CITY
shall have no obligation or duty to continue compensating CONSULTANT for any work performed
after the tasks described herein are performed to the reasonable satisfaction of the Director of
Planning and Building Safety of the City. Failure by the CONSULTANT to make progress in the
performance of work hereunder, if such failure arises out of causes beyond his control, and
without fault or negligence of the CONSULTANT, shall not be considered a default
If the Director or his or her designee determines that the CONSULTANT is in default in
the performance of any of the terms or conditions of this Agreement, it shall serve the
CONSULTANT with written notice of the default. The CONSULTANT shall have ten (10) days
after service upon it of said notice in which to cure the default by rendering a satisfactory
performance. In the event that the CONSULTANT fads to cure its default within such period of
time, the CITY shall have the right, notwithstanding any other provision of this Agreement, to
terminate this Agreement without further notice and without prejudice to any other remedy to
which it may be entitled at law, in equity or under this Agreement
VIII OWNERSHIP OF DOCUMENTS.
All original documents, designs, drawings and notes prepared in the course of providing
the services to be performed pursuant to this Agreement shall become the sole property of the
CITY and may be used, reused or otherwise disposed of by the CITY without the permission of
the CONSULTANT. Upon termination of this Agreement, CONSULTANT shall turn over to CITY
all original papers, drawings, models, reports, documents or other materials generated by
CONSULTANT under this Agreement.
IX OWNERSHIP OF MATERIALS.
All reports, documents, floppy discs, diskettes or other materials developed or discovered
by CONSULTANT during the course of this Agreement shall be solely the property of the CITY
without restriction or limitation on CITY's use.
X CONFIDENTIALITY.
CONSULTANT shall not, either during or after the term of this Agreement, disclose to any
third party any confidential information relative to the work or the business of the CITY and/or any
affiliated organization, without the written consent of the CITY.
XI PUBLICATION.
Publication, teaching or reproduction by CONSULTANT of information directly derived from
work performed or data obtained in connection with services rendered under this Agreement is
prohibited unless first approved in writing by CITY.
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XII RECORDS AND AUDITS
The CONSULTANT shall maintain accounts and records, including personnel, property
and financial records, adequate to identify and account for all costs pertaining to this Agreement
and such other records as may be deemed necessary by the CITY to assure proper accounting
for all project funds, both federal and non - federal shares. These records will be made available
for audit purposes to the CITY or any authorized representative, and will be retained for three
years after the expiration of this Agreement unless permission to destroy them is granted by the
CITY.
XIII EOUAL EMPLOYMENT OPPORTUNITY
CONSULTANT shall not discriminate against any employee or applicant for employment
In its recruiting, hiring, promotion, demotion, transfer, layoff, rates of pay or other forms of
compensation, selection for training including apprenticeship, ortermination practices on the basis
of race, religious creed, color, national origin, ancestry, sex, age or physical handicap in the
performance of this Agreement. CONSULTANT shall comply with the provisions of the State Fair
Employment Practices Act as set forth in the California Fair Employment and Housing Act, Title
2, Division 3, Part 2.8, of the California Government Code, Section 12900 et. seq.
XIV COMPLIANCE WITH FEDERAL REGULATIONS
During the performance of this Agreement, the Consultant agrees to comply with the
following Federal provisions-
Executive Order 11246 requires that during the performance of this agreement, the Consultant
agrees not to discriminate against any employee or applicant for employment because of race,
religion, sex, color or national origin. The CONSULTANT will take affirmative action to ensure
that applicants are employed, and that employees are treated during employment, without regard
to their race, religion, sex, color or national origin. Such action shall include, but not be limited
to the following: employment, upgrading, demotion, or transfer; rates of pay or other forms of
compensation; and selection for training, including apprenticeship. The CONSULTANT agrees
to post in conspicuous places, available to employees and applicants for employment, notices to
be provided by the Consultant setting forth the provisions of this non- discrnmmation clause.
Section 3 of the Housing and Community Development Act of 1968, as amended, 12 U.S.C. 1701
et seq., requires that, to the greatest extent feasible, opportunities for training and employment
be given to lower income residents of the project area and contracts for work in connection with
the project be awarded to business concerns which are located in or owned in substantial part
by persons residing in the area of the project.
Title VI of the CWU Rights Act of 1964 provides that no person shall, on the grounds of race,
color, or national origin, be excluded from participation in, be denied the benefits of, or be subject
to discrimination under any program or activity receiving federal financial assistance.
Section 109, Title I of the Housing and Community Development Act of 1974 provides that no
person shall, on the grounds of race, color, national origin, or sex be excluded from participation
in, be denied the benefits of, or be subjected to discrimination under any program of activity
funded in whole or in part with funds made available under this title.
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Any prohibition against discrimination on the basis of age under the Age Discrimination Act of
1975, or with respect to an otherwise qualified handicapped individual, as provided in Section 504
of the Rehabilitation Act of 1973, shall also apply
Shall comply with all regulations of the Americans With Disabilities Act (ADA) of 1990 (42 USC
Section 12101 et seq.).
XV INTEREST OF MEMBERS OF THE CITY
No member of the governing body of the CITY and no other officer, employee, or agent
of the CITY who exercises any functions or responsibilities in connection with the planning and
carrying out of the program shall have any personal financial interest, direct or indirect, in the
Agreement; and the CONSULTANT shall take appropriate steps to assure compliance.
XVI INTEREST OF OTHER LOCAL PUBLIC OFFICIALS
No member of the governing body of the locality and no other public official of such
locality, who exercises any functions or responsibilities in connection with the planning and
carrying out of the program, shall have any personal financial interest, direct or indirect, in this
Agreement, and the CONSULTANT shall take appropriate steps to assure compliance
XVII INTEREST OF CONSULTANT AND EMPLOYEES
No person performing services for CITY in connection with this Agreement shall have a
financial or other personal interest other than her employment or retention by CITY in any contract
or subcontract in connection with this Agreement. The CONSULTANT further covenants that in
the performance of this Agreement, no person having any such interest shall be employed.
XVIII INDEPENDENT CONTRACTOR
The CONSULTANT shall perform the services as contained herein as an independent
contractor and shall not be considered an employee of CITY or under CITY supervision or control
This Agreement is by and between the CONSULTANT and CITY and is not intended, and shall
not be construed, to create the relationship of agent, servant, employee, partnership, joint venture,
or association, between the CITY and the CONSULTANT.
XIX LEGAL RESPONSIBILITIES
The CONSULTANT shall, at all times during the term of this Agreement, have in full force
and effect, all licenses and permits required of it by law. The CONSULTANT shall keep itself
informed of State and Federal laws and regulations which in any manner affect those employed
by the CONSULTANT or in any way affect the performance of the services pursuant to this
Agreement. The CONSULTANT shall at all times observe and comply with all applicable laws,
ordinances, codes and regulations of federal, state and local governments, including but not
limited to the El Segundo Municipal Code. The City, and its officers, employees or agents, shall
not be liable at law or in equity occasioned by failure of the CONSULTANT to comply with this
section. CONSULTANT may be required to file a Statement of Economic Interests (Form 730
of the California Fair Political Practices Commission) with the CITY for employees designated to
the CITY to be used on this project prior to the execution of this Agreement.
XX UNAUTHORIZED ALIENS
CONSULTANT hereby promises and agrees to comply with all of the provisions of the
Federal Immigration and Nationality Act (8 U.S.C.A. § 1101, et seq.), as amended, and, in
connection therewith, shall not employ unauthorized aliens as defined therein Should
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CONSULTANT so employ such unauthorized aliens for the performance of work and /or services
covered by this Agreement, and should the Federal Government impose sanctions against the
CITY for such use of unauthorized aliens, CONSULTANT hereby agrees to, and shall, reimburse
CITY for the Cost of all such sanctions imposed, together with any and all costs, including
attorneys' fees, incurred by the CITY in connection therewith.
XXI SUCCESSOR AND ASSIGNMENT
The services as contained herein are to be rendered by the CONSULTANT whose name
is as appears first above written and said CONSULTANT shall not assign nor transfer any interest
in this Agreement without the prior written consent of the CITY. The Agreement shall be binding
upon the heirs, executors, and administrators, successors and assigns of the parties hereto.
Claims for money by CONSULTANT from the CITY under this Agreement may be assigned to
bank, trust company, or other financial institution without such approval. Written notice of any
such assignment or transfer shall be furnished promptly to the CITY.
XXII INDEMNIFICATION
The CONSULTANT agrees to indemnify, defend and save harmless the CITY, its agents,
officers and employees from and against any and all liability, expense, including defense costs
and legal fees, and claims for damages of any nature whatsoever including, but not limited to,
bodily injury, death, personal injury, or property damage arising from or connected with negligent
acts, errors or omissions associated with the CONSULTANTS operations, or its services
hereunder, including any workers compensation suit, liability, or expense, arising from or
connected with the services performed by or on behalf of CONSULTANT by any person pursuant
to this Agreement
XXIII INSURANCE
A. Liability Insurance
The undersigned shall not be an agent of the City of El Segundo and shall perform
its tasks under this Agreement independently under its own supervision and control. The Director
of Planning and Budding Safety has determined that the undersigned is unable to provide liability
insurance in an amount satisfactory to the Director of Planning and Budding Safety ($2 million)
which names the CITY as an additional insured and provides for 30 days prior notification of
cancellation Therefore, the undersigned hereby agrees to indemnify and hold harmless the City
of El Segundo from any and all damages, including attorney's fees, resulting in any way from the
undersigned's performance under this contract including damages from third parties, from the
undersigned, or from any of the undersigned's employees
B. Workers' Compensation Insurance
Prior to the effective date of this Agreement, the CONSULTANT shall file with the
CITY the following signed certification:
'I am aware of, and will comply with Section 3700 of the Labor
Code, requiring every employer to be insured against liability of
Workers' Compensation or to undertake self - insurance before
commencing any of the work.'
The CONSULTANT shall also comply with Section 3700 of the Labor Code by securing,
paying for and maintaining in full force and effect for the duration of this Agreement, complete
Workers' Compensation insurance.
6 In -Home- 20
C. Termination for Lack of Required Insurance Coverage
If CONSULTANT, for any reason, fads to have in place, at all times during the term
of this Agreement, all required insurance and coverage, the CITY may obtain such coverage at
CONSULTANT's expense, and deduct the cost thereof from sums due CONSULTANT hereunder,
and /or terminate this Agreement, forthwith.
XXIV SEVERABILITY
This Agreement contains the entire understanding between the CITY and CONSULTANT.
Any prior agreements, promises, negotiations or representations not expressly set forth herein
are of no force or effect. Subsequent modifications to this Agreement shall be effective only if
in writing and signed by all parties. If any term, condition or covenant of this Agreement is held
by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions
of this Agreement shall be valid and binding.
XXV WAIVER
Waiver by any party hereto of any term, condition, or covenant of this Agreement shall
not constitute the waiver of any other term, condition, or covenant hereof.
XXVI CHANGES
The CITY may request changes in the scope of the services of the CONSULTANT to be
performed hereunder. Such changes, including any increase or decrease in the amount of the
CONSULTANT'S compensation, which are mutually agreed upon by and between the CITY and
the CONSULTANT, shall be incorporated in written amendments to this Agreement.
XXVII REPORTS AND INFORMATION
The CONSULTANT, at such times and in such forms as the CITY may require, shall
furnish the CITY such periodic reports as it may request pertaining to the work or services
undertaken pursuant to this Agreement, the costs and obligations incurred or to be incurred in
connection therewith, and any other matters covered by this Agreement
CONSULTANT agrees to provide CITY with a written quarterly summary of activities on
or before the 5th day of the month following the end of a quarter of the project year (October,
January, April, and July). If CONSULTANT fads to do so, CITY may withhold funds until said
written quarterly summary has been received Ethnic and Head of Household data, consistent
with HUD's Grantee Performance Report requirements, must also be provided.
XXVIII PERSONNEL
CONSULTANT represents that it has, or will secure at its own expense, all personnel
required in performing the services under this Agreement. All of the services required hereunder
will be performed by CONSULTANT or under its supervision and all personnel engaged in the
work shall be fully qualified and shall be authorized or permitted under state and local law to
perform such services. None of the work or services covered by this Agreement shall be
subcontracted without the prior written approval of the CITY. Any work or services subcontracted
hereunder shall be specified by written contract or agreement and shall be subject to each
provision of this Agreement
XXIX CONFLICT OF INTEREST
No person performing services for the City of El Segundo in connections with this
Agreement shall have a financial or other personal interest other than his or her employment or
7 In- Home - 20
83
retention by the City of El Segundo in any contract or subcontract in connection with this
Agreement. No officer or employee of such person retained by the City of El Segundo shall have
any financial or other personal interest in any real property in which the plans of said property are
being checked in connection with this Agreement.
XXX ATTORNEY'S FEES
If litigation is reasonably required to enforce or interpret the provisions of this Agreement,
the prevailing party in such litigation shall be entitled to an award of reasonable attorney's fees,
in addition to any other relief to which it may be entitled.
XXXI LOBBYING CERTIFICATION
The CONSULTANT certifies that:
1 No Federal appropriated funds have been paid or will be paid, by or on behalf of
the CONSULTANT, to any person for influencing or attempting to influence an officer or employee
of any agency, a Member of Congress, an officer or employee of Congress, or an employee of
a Member of Congress in connection with the awarding of any Federal contract, the making of
any cooperative agreement, and the extension, continuation renewal, amendment, or modification
of any Federal contract, grant, loan or cooperative agreement.
2 If any funds other than Federal appropriated funds have been paid or will be paid
to any person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer of employee of Congress, or an employee of a Member of
Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the
CONSULTANT shall complete and submit Standard Form -LLL, "Disclosures Form to Report
Lobbying ", in accordance with its instructions
3. The CONSULTANT shall require that the language of this certification be included
in all subcontracts and that all subcontractors shall certify and disclose accordingly.
XXXII NOTICES
Notices, herein shall be presented in person or by certified or registered U.S. Mad, as
follows:
to the CONSULTANT. Just Right Help, II, Inc.
Eugene Baker
3246 W. Sepulveda Boulevard, Suite 102A
Torrance, CA 90505
(310) 539 -9000
to the CITY: Hyrum B. Fedje
Director of Planning and Budding Safety
City of El Segundo
350 Main Street
El Segundo, California 9024
(310) 322 -4670
8 In -itom 20
XXXIII GOVERNING LAW
This Agreement shall be interpreted and construed„accordmg to the laws of the State of
California
XXXIV APPROVAL BY CITY COUNCIL
On the City Council of the City of El Segundo approved the City entering
into this Agreement and authorized the Director of Planning and Building Safety to sign this
Agreement on behalf of the City
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
the day and year first above written
CITY OF EL SEGUNDO:
Hyrum B Fedle, Director
Planning and Building Safety
ATTESTED:
Cindy Mortesen, City Clerk (SEAL)
APPROVED AS TO FORM:
Le and C Dolley, Ci y ttorney
SIGNATURES
CONSULTANT:
Eugene Baker
Just Right Help, II, Inc.
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ATTACHMENT 1
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
BUDGET JUSTIFICATION
Project Title:
❑ Original ❑ Amendment No.
Project Number:
Month Budget
From to
NOTE: All expenditures must be fully documented by receipts, time records,
invoices, cancelled checks, inventory records or other appropriate
documentation which fully and completely disclose the amount and nature
of the expenditures.
CDBG \budgetjst
i
4VYV:Tyi1J)INZO9H
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
PERSONNEL JUSTIFICATION
Project Title-
Project Number:
❑ Original ❑ Amendment No.
Month Budget
From to
a. Number of
Persons
b. Position or
Mtle
c. Monthly
Salary
d. Percent of
Time on
Undertaking
a Months
To Be
Employed
f. Cost
(a z c % d z e)
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EL SEGUNDO CITY COUNCIL MEETING DATE: 8/1/95
AGENDA ITEM STATEMENT AGENDA HEADING: Consent
AGENDA DESCRIPTION:
Extension of City's contract for consulting services with Wyle Laboratories for the Residential Sound Insulation
Project
RECOMMENDED COUNCIL C ON:
1 Approve extension of Wyle contract to September 1996
BRIEF SUMMARY�
On October 5, 1993, the City of El Segundo entered into a contract with Wyle Laboratories to provide acoustic,
engineering and architectural consultant services in support of the City's Residential Sound Insulation Project
Progress on this project was halted on February 1, 1994, when the President of the Los Angeles Board of
Airport Commissioners declared that the City of Los Angeles would require easements in exchange for
residential sound insulation funds
Wyle Laboratories has completed all contract tasks assigned in a timely, effective and faithful manner,
frequently exceeding expectations in the performance of their work Wyle is enthusiastic to get on with the
project To date, $79,432 has been paid to Wyle leaving a contract balance of $273,679. No payments have
been made to Wyle since May 30, 1994
The contract should be extended for the following reasons
1 Wyle is located in El Segundo which keeps costs low and access high
2 Wyle's staff is intimately familiar with the technical and political nuances of the protect
3 Wyle's contractual relationships with the LADOA has never presented a conflict of interest
Instead, its relationship with the LADOA has proved to be a valuable source of information
4 When funding becomes available again Wyle and this City can be prepared to go to bid within
two months It would take at least 6 months to bring a new consultant to that level of
readiness
5 No firm, with a headquarters office west of the Mississippi, has the degree of expertise or
unique spectrum of capabilities Wyle has to accomplish our project
6 There is no direct cost for extending the contract
7 There is a 4% per annum inflationary cost associated with the life of the contract
The contract with Wyle has no specific termination date Exhibit "B" of the contract, states in the Work Cost
Summary notes that, "This Contract spans Calendar Years 93 - 95 " It is anticipated that the contract could be
completed in 12 -15 months if funding became available
ATTACHED SUPPORTING DOCUMENTS:
1 Staff Report for El Segundo City Council of October 4, 1993, requesting Council's approval of Wyle
Laboratories as the prime consultant for the El Segundo Sound Insulation Project
2 Agreement for Consultant Services, City of El Segundo and Wyle Laboratories (less exhibits)
FISCAL IMPACT:
(Check one) Operating Budget: X Capital Improv. Budget:
Amount Requested: None
Project/Account Budget: $500.000
Project/Account Balance: $273,679 Date: July 1. 1995
Account Number: 116- 300 - 0000 -3755
Project Phase: Phase 4
Appropriation Required - Yes_ No X
6J-6lJ-
G Holden, Secretary, El Segundo Noise Abatement Committee
Morrison, City Manager
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TO THE EL SEGUNDO CITY COUNCIL - MEETING DATE: Tuesday, October 4, 1993
AGENDA ITEM STATEMENT - AGENDA HEADING: Consent Item
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Agenda Description:- Request City Council's approval of Residential Sound
Insulation Consultant Selection Board's recommendation of the firm of Wyle
Laboratories, to provide prime consultant services in support of Phase 4 of
the City's Residentral Sound Insulation project.
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Recommended Council Action:
1. Approve Selection Board's recommendation of Wyle Laboratories, as the
prime consultant in support of Phase 4 of the City's Residential Sound
Insulation project with a fee ceiling established at $353,111.00.
2. Authorize the Mayor to execute agreement.
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Brief Summary:
1. A list 19 possible California /Nevada based firms with the potential to
perform the scope of services required by the City to complete Phase 4 of
the RSI Project was developed. Only firms with a combination of acousti-
cal, architectural, engineering and construction skills were considered.
2. Requests for proposals /requests for statements of qualifications were
sent out to each firm on the list.
3. Three responses were received and reviewed by a committee including the
following members:
a. Mr. Stu Aplin, Rep. E1 Segundo Noise Abatement Committee
b. Mr. Ron Darville, Building Department
c. Mr. Harvey Holden, Airport Projects Administrator
d. Mr. Don Harrison, Assistant City Manager, served as advisor.
4. The selection of the most qualified firm was unanimous and was Wyle
Laboratories.
5. Because Federal grant funds and architectural /engineering services are
involved the selection of the firm must be a qualification -based selection
(QBS). The most qualified firm must be selected, then and only then can
compensation be negotiated. If there is a consensus on the compensation
issue the firm is hired. If not, then, the second choice firm becomes
competitive again and compensation is then negotiated with the second
choice firm. This process is repeated until compensation consensus is
reached or the list expires.
6. A reasonable compensation package has been negotiated and conforms to
previously established cost ceilings as presented to the FAA in April,
1993, as part of the City's application. Total cost of the consultant's
services, if approved by the City Council, will be approximately lit of the
RSI grant(s). Typically such services cost 15%. Cost savings of approxi-
mately 4% are gained principally because of the proximity of Wyle Laborato-
ries to the job site and because of the availability and abundance of
pertinent project data.
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Attached Supporting Documents:
1. Mailing List of Consultants with Responders Highlighted
2. Proposed Contract with Exhibits
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Fiscal Impact: Amount requested $353.111.00
Federal Grant: $1,400,000.00 Budgeted Amount $1,381,822.00 (current
LADOA Grant: $1,333,333.00 balance of executed $1.4M FAA grant)
LADOA Grant: 5 408.880.00 In Account number:116- 400 - 0000 -8955
Total Grants: $3,142,213.00 Revenue Source: Federal Grant (Residen-
tial Sound Insulation Fund)
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originator: // �„// // Date: September 29, 1993
Harvey G. Holden, Airport Projects Administrator
Reviewed by: Date:
James W. Morrison, City Manager
Action Taken:
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A &E CONSULTANT POC /PHONE /ADDRESS LIST
(Responders are Highlighted)
1. Acentech Incorporated
_21120 Vanowen Street
Canoga Park, CA 91303
2. Acoustical Analysis Assoc., Inc. (818) 713 -1160
22148 Sherman Way, Suite 206
Canoga Park, CA 91303
3. Beverly Prior Architects (415) 777 -9422
333 Bryant Street
Suite 220
San Francisco, CA 94107
4. Charles M. Saulter Associates
130 Sutter Street, 5th Floor
San Francisco, CA 94104
5. Corlett, Skaer & De Voto /Architects (415) 543 -1414
121 Second Street
San Francisco, CA 94105
6. Cotton /Beland /Associates, Inc. (818) 304 -0102
747 East Green Street, Suite 400 Fax: (818) 304 -0402
Pasadena, CA 91101
7. Edward J. GEE & Associates (415) 621 -5959
444 De Haro Street
Suite 201
San Francisco, CA 94107
8. General Acoustics Corporation (213) 820 -1531
12248 Santa Monica Blvd.
Los Angeles, CA 90025
Cloyd Smith, President (310) 820 -1531
1992 Bio in Consultant Binder Fax: (310) 826 -0885
9. Gensler & Associates /Architects (310) 449 -5710
2500 Broadway, Suite 300 Fax: (310) 449 -5850
Santa Monica, CA 90404
Ron Steinert
Nation's largest full service architectural firm.
10. Harris, Miller, Miller & Hanson, Inc. (916) 568 -1116
945 University Avenue Fax: (916) $68 -1201
Sacramento, CA 95825
Steven R. Alverson, Manager, Sacramento office
Did Ground Noise Barrier Design for Imperial Nall.
11. J.J.Van Houten and Associates, Inc. (714) 978 -7018
1260 East Katella Avenue (714) 635 -9520
Anaheim, CA 92805 Fax: (714) 939 -0648
12. Kennedy /Jenks Consultants (702) 827 -7900
5190 Neil Road, Suite 300 Fax: (702) 827 -7925
Reno, NV 89502
Maury Clark Full service aviation
consulting firm, planning
through construction
management.
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13. Menlo Scientific Acoustics
531 Main Street, Suite 428
E1 Segundo, CA 90245 -3060
(310) 322 -3086
Fax: (310) 322 -3016
14. Paul S. Veneklasen & Associates (310)
1711 Sixteenth Street (213)
Santa Monica, CA 90404 Fax: (310)
Paul S. Veneklasen, President
Jose (Joe) C. Ortega, Principal Associate
Sylvia V. Ruiz, President Tierra Concepts
planning)'
15. Peate, Marwick, Main and Co.
P.O. Box 8007
San Francisco International Airport
San Francisco, CA 94128
450 -1733
870-9268
396 -3424
(urban
16. Shor Acoustical Consultants
6139 Ridgemont Drive
Oakland, CA 94619
Dr. Harjodh Gill, President, (510) 531 -0402
Works with Wilson Ihrig at SFO -South San Francisco
17. V.S.A & Associates
2938 La Plata Avenue
Hacienda Heights, CA 91745
Dr. Atwal, President
18. Wilson Ihrig & Associates
5776 Broadway Street
Oakland, CA 94618
19. Wyle Laboratories
Attn: John Stearns
128 Maryland Street
.El Segundo, CA 90245
(818) 968 -2659
(310) 322 -1763
Pax: (310) 322 -9799
John R. Stearns, Manager, E1 Segundo Operations
John Raytor, Architect
David
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CITY OF EL SEGUNDO
AND
WYLE LABORATORIES
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THIS AGREEMENT, ( "Agreement ") made and entered into by and
among the CITY OF EL SEGUNDO, a municipal corporation, (hereafter
"City" or "Sponsor ") and WYLE LABORATORIES, a California corpora-
tion (hereafter "Consultant" or "Contractor ").
The parties hereto do agree as follows:
SECTION 1. RECITALS. This Agreement is made and entered
into with respect to the following facts:
a. That the City is desirous of obtaining the ser-
vices of a qualified consultant to provide acoustical consulting,
architectural design, engineering and administrative services for
a residential sound insulation project which will include acous-
tical treatment of approximately 25 multi- family and 20 -d5
single family residential units, contingent upon availability of
grant monies and as described in the Scope of Services of this
Agreement; and
b. That the City has sought and considered proposals
by various persons to perform such services; and
C. That Consultant has been selected by the City as
the most qualified to provide such services and Consultant has
agreed to perform such services, subject to the terms and con-
ditions set forth in this Agreement; and
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GM -IL -3
d. That the legislative body of the City has deter-
mined that the public interest, convenience and necessity require
the execution of this Agreement.
SECTION 2. SCOPE OF SERVICES. Consultant agrees to perform
all work reasonably necessary and required in order to provide
all the services ( "Services") to the City, as described in Wyle
Proposal No. 580 -0788 of August 24, 1993, submitted to Harvey G.
Holden, City of E1 Segundo, attached hereto as Exhibit "A" and as
subsequently modified by Wyle submittals titled "Summary Work
Statement" and "Work Cost Summary ", submitted to Harvey G.
Holden, City of E1 Segundo, September 25, 1993, and attached
hereto as Exhibit "B ". Consultant further agrees to complete all
services described herein in accordance with Exhibit "C ", titled,
"Timetable for work Completion for Phase 4 of the RSI Project ".
All aforementioned Exhibits are incorporated herein by this
reference and are subject to the following conditions. Consul-
tant shall only perform the services described under either
"Project Alternative All (FAA Grant Agreement of it May 1993,
Project No. 3 -06- 0139 -NC, Contract No. DTFA08 -93 -C- 20766) or
"Project Alternative B" (The "Project Alternative All grant plus a
Los Angeles Department of Airports matching grant of $1,333,333.-
00), as set forth in Exhibit "B ", but shall not perform the
services under both alternatives. Consultant shall only perform
the services under Project Alternative B if the City executes a
final agreement with the Los Angeles Department of Airports
( LADOA) for a grant in the amount of $1,333,333.00 during the
term of this Agreement. The City shall inform Consultant immedi-
ately upon execution of the final agreement with LADOA for such
grant. If the City does not execute a final agreement with LADOA
for such grant, the Consultant shall only perform the services
described under Project Alternative A.
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Consultant shall only perform the services described under
" LADOA $408K Work ", as set forth in exhibit "B ", if the City
executes a final agreement with LADOA for a grant in the amount
of $408,880.00 during the term of this Agreement. The City shall
immediately inform Consultant upon execution of the final agree-
ment with LADOA for such grant. If the City does not execute a
final agreement with LADOA for a $408,880.00 grant during the
term of this Agreement, the Consultant shall not perform any of
the services described under LADOA $408K Work.
All services to be provided hereunder shall be performed in
accordance with the terms of this Agreement.
SECTION 3. COMPENSATION. The City agrees to compensate
Consultant for its services the amounts set forth in the schedule
of costs attached hereto as Exhibit "D" and incorporated herein
by this reference, subject to the following conditions. The
total compensation to be paid by City to Consultant for the
services performed under Project Alternative A (Exhibit D, Page
1,) shall not exceed $170,000.00 which is based on an executed
FAA Grant of $1.4 million (FAA Grant Agreement of 11 May 1993,
Project No. 3 -06- 0139 -NC, Contract No. DTFA08 -93 -C- 20766). The
City may execute a final Agreement with LADOA for a grant in the
amount of $1,333,333.00 during the term of this Agreement. If
the Consultant performs all the services under Project Alterna-
tive B (Exhibit D, Page 2), which is based on the combination of
the executed FAA Grant of $1.4 million plus the executed LADOA
grant of $1,333,333.00, the total compensation to be paid by the
City to the Consultant for services under Project Alternative B
shall not exceed $311,000.00. Consultant shall only receive
compensation for services rendered
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under either Project Alternative A or Project Alternative 8, but
not both. - -
If the City enters into a final, executed agreement with
LADOA for a grant in the amount of $408,880.00 during the term of
this Agreement, the total compensation to be paid by City to
Consultant for the services described under LADOA $408K Work
(Exhibit H, Page 5) shall not exceed $42,000.00. If the City and
LADOA do not enter into a final, executed agreement for a grant
in the amount of $408,880.00 during the term of this Agreement,
the Consultant shall not be obligated to perform the services
described under LADOA $408K Work and shall not receive any
compensation related to services to be provided under LADOA $408IC
Work.
SECTION 4. TIME OF PAYMENT. The Consultant shall submit
monthly invoices for services rendered. The invoice will be
accompanied by a labor accounting table in the format of Exhibit
"D ". The City shall review each invoice submitted by the Consul-
tant to determine whether Services performed and materials sub-
mitted are in compliance with the provisions of this Agreement.
All invoices shall be approved or returned to Consultant for
correction. The City shall pay ninety -five percent (95%) of the
amount of the invoice, except the final invoice, within thirty
(30) days following approval of each invoice by the City. The
five percent (5 %) of each invoice amount retained by the City
shall be included in the final invoice and paid upon satisfactory
completion of all the Services required under this Agreement.
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SECTION S. TIME FOR SERVICES TO BE RENDERED. The Services
required under this Agreement shall be performed in accordance
with the timetable set forth in Exhibit "C ", attached hereto and
incorporated herein by reference. The Consultant shall not be
responsible for delays in the performance of Services caused
solely by the construction contractors.
SECTION 6. T=. The term of this Agreement shall be for
two years from the effective date of this Agreement. The City,
at its option, may extend the Agreement.
SECTION 7. PERFORMANCE. Consultant shall employ, at a
minimum, generally accepted standards and practices utilized by
persons engaged in providing similar Services, as are required of
Consultant hereunder, in meeting its obligations under this
Agreement. Consultant's performance under this Agreement shall
be continuously evaluated by the City. Consultant shall be
notified in writing of any deficiency in a timely manner.
Consultant shall have fifteen (15) consecutive business days from
service of such notification to cure any deficiency to the
reasonable satisfaction of the City.
SECTION S. R O TR D INSLn?axCE.
a. Liability insurance. The Consultant shall, prior
to the effective date of this Agreement, secure from a company or
companies authorized to do business in the State of California,
pay for, and maintain in full force and effect during the term of
this Agreement, a policy or policies of general liability insur-
ance, in the following amounts: comprehensive general liability
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insurance endorsed for contractual, broad form property damage
and-personal-injury with limits of not less than $2,000,000 per
occurrence; comprehensive auto liability endorsed for all owned
and non -owned vehicles with a combined single limit of not less
than $1,000,000 per occurrence; professional liability insurance
of not less than $1,000,000. The City and its respective elected
and appointed officers, employees and agents, shall be named as
additional insureds.
b. Workers' Compensation Insurance. Prior to the
effective date of this Agreement, the Consultant shall file with
the City the following signed certification:
"I am aware of, and will comply with, Section
3700 of the Labor Code, requiring every
employer to be insured against liability for
Workers' Compensation or to undertake self -
insurance before commencing any of the work."
The Consultant shall also comply with Section 3800 of the Labor
Code by securing, paying for and maintaining in full force and
effect for the duration of this Agreement, complete Workers'
Compensation insurance.
C. Insurance Certificates. Prior to the effective
date of this Agreement, the Consultant shall file Certificates of
Insurance with the City. A current Certificate or Certificates
shall be maintained on file at all times during the term or
extended terms of this Agreement. Each such Certificate shall be
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1
subject to approval as to form by the City Attorney of the City.
Each such Certificate shall bear an endorsement providing that
the policy to which it relates cannot be terminated or materially
- altered except after thirty (30) days prior notice to the City.
ti�i - • e •i. - vV711 F T it
age. If Consultant, for any reason, fails to have in place, at
all times during the term of this Agreement, all required
insurance and coverage, the City may obtain such coverage at
Consultant's expense, and deduct the cost thereof from sums due
Consultant hereunder, and /or terminate this Agreement, forthwith.
SECTION 9. INDEMNIFICATION CLAUSE. Consultant hereby
agrees to indemnify and hold City, its elective and appointed
boards, officers, agents and employees, harmless from any liabil-
ity for any damages or any claims for damages which may arise
from Consultant's solely negligent acts, errors or omissions
under this Agreement. Consultant further agrees to, and shall
defend City and its elective and appointive board, officers,
agents and employees from any suits or actions at law or in
equity from damages caused by Consultant's solely negligent acts,
errors or omissions, pursuant to or related to this Agreement.
SECTION 10. WAIVER OR BREACH. Waiver by any party hereto
of any term, condition, or covenant, or breach of any term,
condition, or covenant of this Agreement shall not constitute the
waiver of any other term, condition, or covenant or breach of any
other term, condition, or covenant hereof.
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SECTION 11. ASSIGNMENT. The Consultant shall not assign
any of its obligations pursuant to this Agreement, nor any part
thereof, except for moneys due Consultant hereunder, without the
prior written consent of the City which consent shall not be
unreasonably withheld.
SECTION 12. INDEPENDENT CONTRACTOR. The Consultant, for
all purposes, in the performance of duties pursuant to this
Agreement, shall be deemed to be an independent contractor.
Neither the City, nor any of its respective elected or appointed
officers, employees or agents shall have control over the conduct
of the Consultant or any of the Consultant's officers, employees
or agents, except as expressly set forth in this Agreement. The
Consultant shall not at any time or in any manner represent that
it or any of its officers, employees or agents are in any manner
officers, employees or agents of the City.
SECTION 13. OWNERSHIP OF DOCUMENTS. All paper and non-
paper media original documents, reports, information and notes
prepared in the course of providing the Services to be performed
pursuant to this Agreement shall become the sole property of the
City and may be used, reused or otherwise disposed of by the City
without the permission of the Consultant. Notwithstanding such
ownership, Consultant shall be entitled to make and obtain copies
of such reports and information and to retain copies of its
files. Upon termination of this Agreement by its terms or for
any other reason, Consultant shall turn over to City all docu-
ments generated by Consultant under this Agreement.
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SECTION 14. COMPLIANCE WITH LAWS. The Consultant shall
keep itself informed of State and Federal laws and regulations
which in any manner affect those employed by it or in any way
affect the performance of its Services pursuant to this Agree-
ment. The Consultant shall at all times observe and comply with
all such laws and regulations, including, but not limited to, the
E1 Segundo Municipal Code.
• • r ' • Mr) JI • �• C
DBE POLICY. The consultant shall comply with Department of
Transportation policy with regard to Disadvantaged Business
Enterprises. The Department of Transportation policy and
obligation grant recipients are as follows:
Policy. It is the policy of the Depart-
ment of Transportation that disadvantaged
business enterprises as defined in 49 CFR
Part 23 shall have the maximum opportunity to
participate in the performance of contracts
financed in whole or in part with Federal
funds under this agreement. Consequently,
the DBE requirements of 49 CFR Part 23 apply
to this agreement.
D8E obligation. The recipient or its
contractor agrees to ensure that disadvan-
taged business enterprises as defined in 49
CFR Part 23 have the maximum opportunity to
participate in the performance of contracts
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financed in whole or in part with Federal
funds provided under this agreement. In this
regard all recipients or contractors shall
take all necessary and reasonable steps in
accordance with 49 CFR Part 23 to ensure that
disadvantaged business enterprises have the
maximum opportunity to compete and perform
contracts. Recipients and their contractors
shall not discriminate on the basis of race,
color, national origin, or sex in the award
and performance of DOT- assisted contracts.
SECTION 16. COMPLIANCE WITH FAA NOISE CRITERIA. The build-
ing sound insulation modifications which the Contractor designs
will be installed by a builder under contract to the City. The
modifications must meet the FAA residential noise insulation
guidelines.
a. Guidelines. The FAA guidelines are set forth in
the Airport Improvement Program Handbook, FAA Order 5100.38A,
Chapter 7, Noise Compatibility Projects paragraph 712(b). Resi-
dential Sound Insulation. The text is set forth below:
b. Residential Noise Insulation
(1) For residences located in areas where
exterior noise exposure is DNL 65 dB, the requisite noise level
reduction (NLR) provided by the structure should be at least 20
dB in major habitable rooms. The requisite NLR should be
CEto]=
CM-Z- 1Z
}nn
increased commensurate with any increase in exterior DNL above
65 dB. _
(2) The design objective in a residential noise
insulation project should be to achieve the requisite NLR when
the project is completed. (This is mathematically equivalent to
achieving a DNL of 45 dB in all habitable rooms.) The project
design should be based on exterior DNL and the existing NLR in
the structure.
(3) Since it takes an improvement of at least 5
dB in NLR to be perceptible to the average person, any residen-
tial noise insulation project will be designed to provide at
least that increase in NLR."
Note. CNEL may be substituted for DNL for projects in
California. Consultant shall use CNEL for all measurements.
c. Noise Zone. The dwelling units to be acoustically
treated under this contract are located within the 75 dB CNEL
contour of the Los Angeles International Airport, which means
that they are subject to 75 dB CNEL or greater. This noise zone
metric is provided by the Los Angeles Department of Airports FAR
Part 150 Noise Compatibility Plan - Noise Exposure Map.
d. Verification of Compliance. All residences are to
be insulated against their existing noise environment, not those
predicted for a future time. The interior and exterior noise
environments of each unit to receive residential sound insulation
will be measured before and after receiving treatment to verify
compliance with FAA noise reduction guidelines for all habitable
U
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103
rooms. The procedures for accomplishing verification of compli-
ance are presented in the Proposal, Exhibit "A" hereto. The
procedures will employ simultaneous measurement of the single
event noise exposure levels (SENEL) for a group of flyovers at an
exterior location and at two positions in each habitable room.
The difference between the average exterior SENEL and the average
interior SENEL for a given room will determine the noise reduc-
tion for that room provided by the existing building structure.
The equipment and measurement locations used for verification
will replicate those used for the pre - modification survey.
the event that any rooms in the dwelling fail to meet the FAA
noise reduction criteria, Consultant will determine the reason
for this noncompliance. If noncompliance is due to the material
or workmanship provided by the building contractor, then the
building contractor will be directed by the City to correct the
cause of noncompliance.
• •u' do qA U04 4WO #A 4; a 61 A Wk :4v1 A I owe) Vlvlt a•"
CONTRACTOR CONTRACTUAL REQUIREMENTS. During the performance of
this contract, the consultant, for itself, its assignees and
successors in interest (hereinafter referred to as the "contrac-
tor") agrees as follows:
a. Compliance with Regulations. The contractor shall
comply with the Regulations relative to nondiscrimination in
federally assisted programs of the Department of Transportation
(hereinafter, "DOT ") Title 49, Code of Federal Regulations, Part
lI
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21, as they may be amended from time to time (hereinafter refer-
red to as the Regulations), which are herein incorporated by
reference and made a part of this contract.
b. Nondiscrimination. The contractor, with regard to
the work performed by it during the contract, shall not discrimi-
nate on the grounds of race, color, or national origin in the
selection and retention of subcontractors, including procurement
of materials and leases of equipment. The contractor shall not
participate either directly or indirectly in the discrimination
prohibited by section 21.5 of the Regulations, including employ-
ment practices when the contract covers a program set forth in
Appendix a of the Regulations.
•. -,
ment of Materials and Eouipment. In all solicitations either by
competitive bidding or negotiation made by the contractor for
work to be performed under a subcontract, including procurement
of materials or leases of equipment, each potential subcontractor
or supplier shall be notified by the contractor of the contrac-
tor's obligations under this contract and the Regulations rela-
tive to nondiscrimination on the grounds of race, color, or
national origin.
d. Information and Rem. The contractor shall pro-
vide all information and reports required by the Regulations or
directives issued pursuant thereto and shall permit access to its
books, records, accounts, other sources of information, and its
facilities as may be determined by the Sponsor or the Federal
i
A
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rz 1 OCR
Aviation Administration (FAA) to be pertinent to ascertain com-
pliance-with such Regulations, orders, and instructions. Where
any informatidn required of a contractor is in the exclusive
possession of another who fails or refuses to furnish this infor-
mation, the contractor shall so certify to the sponsor or the
FAA, as appropriate, and shall set forth what efforts it has made
to obtain the information.
e. Sanctions for Noncompliance. In the event of the
contractor's noncompliance with the nondiscrimination provisions
of this contract, the sponsor shall impose such contract sanc-
tions as it or the FAA may determine to be appropriate, includ-
ing, but not limited to:
(1) Withholding of payments to the contractor `
under the contract until the contractor complies, and /or
(2) Cancellation, termination, or suspension of
the contract, in whole or in part.
f. Incorporation of Provisions. The contractor shall
include the provisions of Section 17, Paragraphs a - e,,above, in
every subcontract, including procurement of materials and leases
of equipment, unless exempt by the Regulations or directives
issued pursuant thereto. The contractor shall take such action
with respect to any subcontract or procurement as the sponsor or
the FAA may direct as a means of enforcing such provisions
including sanctions for noncompliance. Provided, however, that
in the event a contractor becomes involved in, or is threatened
with, litigation with a subcontractor or supplier as a result of
-14-
106
such direction, the contractor may request the Sponsor to enter
into such litigation to protect the interests of the sponsor and,
in addition, the contractor may request the United States to
enter into such litigation to protect the interests of the United
States.
SECTION 18. BINDING EFFECT. This Agreement shall be bind-
ing upon the heirs, executors, administrators, successors and
assigns of the parties hereto.
SECTION 19. LICENSED STATUS. Consultant shall, at all
times during the term of this Agreement, have in full force and
effect, all licenses required of it by law, including, but not
limited to, a City Business License.
SECTION 20. ATTORNEY'S FEES. If litigation is reasonably
required to enforce or interpret the provisions of this Agree-
ment, the prevailing Party in such litigation shall be entitled
to an award of reasonable attorney's fees, in addition to any
other relief to which it may be entitled.
SECTION 21. GOVERNING LAW. This Agreement shall be inter-
preted and construed according to the laws of the State of Cali-
fornia.
SECTION 22. SECTION HEADINGS. The Section Headings used in
this Agreement are for reference purposes only and shall have no
binding effect.
SECTION 23. ENTIRE AGREEMENT. This Agreement contains the
entire understanding between the City and Consultant. Any prior
agreements, promises, negotiations or representations not
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107
expressly set forth herein are of no force or effect. Subsequent
modifications to this Agreement shall be effective only if in
writing and signed by all parties. If any term, condition or
covenant of this Agreement is held by a court of competent )uris-
diction to be invalid, void or unenforceable, the remaining
provisions of this Agreement shall be valid and binding.
SECTION 24. NOTICES. Notices pursuant to this Agreement
shall be in writing and given by personal service upon the party
to be notified, or by depositing the same in the custody of the
United States Postal Service, or its lawful successor, postage
prepaid, addressed as follows:
(1) City of E1 Segundo
350 Main Street
El Segundo, CA 90245
(2) wyle Laboratories
128 Maryland Street
E1 Segundo, CA 90245
Notices shall be deemed given pursuant to this section upon the
day of personal service, or (2) consecutive calendar days follow-
ing the deposit of the same in the custody of the United States
Postal Service.
SECTION 25. TERMINATION. The City may at any time during
the term hereof, or any extended term hereof, at its sole discre-
tion, terminate this Agreement upon thirty (30) days written
notice to Consultant of such termination. Should the City give
notice of termination, upon its receipt, the Consultant shall
immediately cease all work under this Agreement, unless the
notice expressly provides otherwise. Upon receipt of such
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notice, the Consultant shall immediately prepare and serve upon
the City an- invoice covering all outstanding fees or other
claimed compensation. within thirty (30) days after approval of
said invoice, the City shall cause payment to the Consultant the
amount so approved, or the City shall provide the Consultant with
a written statement objecting to the charge. For incomplete
tasks in progress as of the date of the giving of notice of
termination by the City, Consultant shall be compensated for
actual costs and work performed as of the effective date of such
notice.
SECTION 26. EFFECTIVE DATE. This Agreement shall become
effective upon being fully executed.
IN WITNESS WHEREOF, the Parties hereto have caused this
Agreement to be executed by their authorized agents.
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6
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WYLE LABORATORIES
B4?'q
Sr. Vice President
Title: Business Administration
Date: September 27, 1993
CIT
By:
Date: /O--g 9K3
ATTEST:
APPRQVED AS TO FORM:
I
j City AttQ7dfiey
-1s-
110
.1. =
Wyle Proposal No. 580 -0788 of August 24, 1993
Presented to Harvey G. Holden, City of E1 Segundo that same date.
i
CM - -,U -21
111
WVLE
L��WUTO�,P
PROPOSAL
AND
STATEMENT OF QUALIFICATIONS
FOR
THE CITY OF EL SEGUNDO
AIRCRAFT NOISE INSULATION PROJECT
WYLE PROPOSAL NO 580 -0788
Submitted to:
CITY OF EL SEGUNDO
350 Main St.
El Segundo, CA 90245
Attention: Mr Harvey G Holden
Airport Projects Administrator
Submitted by:
WYLE LABORATORIES
Wyle Research
128 Maryland St
El Segundo, CA 90245
AUGUST 24, 1993
is
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112
Ab�T TO AGREE24EM FOR CONSULTANT SERVICES
between
9d CITY OF Er D O and WYLE LABORATOR
WHEREAS, the City of E1 Segundo and Wyle Laboratories
entered into a two year agreement for acoustic, engineering and
architectural consultant services in October, 1993 with regard to
the City's Residential Sound Insulation Project (the
"Agreement ") ; and
WHEREAS, the City is desirous of extending the term of the
agreement for an additional year; and
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1. Section 6 of the Agreement for Consultant Services,
attached hereto and made a part hereof, between the City of E1
Segundo and Wyle Laboratories, is hereby amended to extend the
term of the agreement until October 5, 1996.
2. All other terms and conditions of the Agreement shall
remain in full force and effect.
Dated:
ATTEST:
City Clerk
Dated:
APPROVED AS TO FORM:
ity AttOMOY
7/31/95 JM n \.5t.arcst \wy1.:895
CITY OF EL SEGUNDO
By:
Carl Jacobson, Mayor
M
Title:
113
EL SEGUNDO CITY COUNCIL MEETING DATE: August 1, 1995
AGENDA ITEM STATEMENT AGENDA HEADING: Consent
Update report on the Stick and Stein II Restaurant regarding compliance to ABC requirements and related
police responses
RECOMMENDED COUNCIL ACTION:
Review and file
BRIEF SUMMARY:
The issue of compliance with ABC requirements and level of police responses to the Stick and Stein II
restaurant, 707 N. Sepulveda Blvd., was to be revisited after approximately 90 days from April 19, 1995.
Police Department personnel monitored the location over the past three months in regards to the
required security presence and overall calls for service to the location. Officers conducted security
checks at the restaurant's parking lot and police responses were monitored by the Investigative Division
Commander.
Out of 273 security checks conducted by police department personnel, 261 were found to comply with
the ABC requirement of having an uniformed security officer in the parking lot. A total of eighteen calls
for service were generated from the location. Of those eighteen only one called for enforcement action.
At the end of the 3 month period it appears that the Stick and Stein 11 Restaurant is complying with the
ABC requirements which has apparently resulted in a low level of calls for service at the location. The
police department will continue to monitor the situation through routine patrol procedures.
ATTACHED SUPPORTING DOCUMENTS:
1) Attached Staff Report
FISCAL IMPACT:
(Check one) Operating Budget: Capital Improv. Budget:
Amount Requested:
ProjecUAccount Budget:
Project/Account Balance: Date:
Account Number:
Project Phase:
Appropriation Required - Yes_ No_ ORIGINAT D: Date: July 21, 1995
W Morrison,
7- Ze -7�s-
PD —I -1 t 1 t A
&ty of & eS'Pyu9•zdo
INTER - DEPARTMENTAL CORRESPONDENCE
July 19, 1995
To. James W Morrison, City Manager
From. Lt M.K. Tavera
Subject: ABC Requirements - Stick and Stem II Restaurant
PROBLEM
The issue of compliance with ABC requirements and level of police responses to the Stick and Stein
H Restaurant at 707 N Sepulveda Blvd , was to be revisited after approximately 90 days from April
19, 1995. Issues concerning the ABC required posting of an unformed security guard in the parking
lot, noise complaints, and overall police responses were to be monitored and reported.
During the City Council meeting on April 18, 1995, the Police Department was given direction to
monitor and assess the Stick and Stein II regarding the aforementioned problems. Shift supervisors
gave direction to their officers to conduct daily security checks at the Stick and Stein R's parking lot
between the hours of 9.00 P.M. and 3.00 AN The officers were to make a log item of this activity
and give a disposition. If the uniformed security guard was not present the officers were told to put
that information in the incident disposition
On April 19, 1995, Captain J O Wayt and I met with Stick and Stein II owners George Stevens and
Joseph Parente. They were advised concerning the security guard issue and said that they would
comply with the ABC requirements
From April 19, 1995 to July 18, 1995, the following incidents have been logged at the Stick and
Stein II restaurant.
* 273 security checks conducted by police department personnel Of that number, 261 were
in compliance and twelve were listed as no guard being present in the parking lot
* Eight disturbing the peace complaints were made by Stick and Stein security personnel All
were dispositioned as advised and assisted, no criminal action taken.
* Four suspicious vehicles complaints were made by security personnel. The calls were
dispositioned as advised and assisted, or gone on arrival No enforcement action was taken
by police personnel
* One disturbing the peace call was dispositioned as unfounded
* Three drunk in public complaints were made by security personnel All subjects left the
location before officer arrival
* One disturbing the peace complaint from an outside reporting person Upon officer arrival
security had already handled the noise disturbance.
* One private person arrest for 242 PC (Battery). This case was presented to the District
Attorneys Office and was rejected.
CONCLUSION
It appears that the Stick and Stein II restaurant is complying with the ABC requirement that an
uniform security officer be in the parking lot between the hours of 9 00 P.M and 3.00 A M . This
has apparently resulted in a low level of calls for service at the location The Stick and Stein II is
handling their security issues and should continue to provide an uniform security officer in the
restaurant parking lot The police department will continue to monitor the situation through routine
patrol procedures.
115
PD -I -2
EL SEGUNDO CITY COUNCIL MEETING DATE: 08/01/95
AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Award City Building and Street Can Refuse Contract to Zakaroff
Recycling Services (contract amount - $16,500.00 per year).
RECOMMENDED COUNCIL ACTION:
1. Accept the City Building and Street Can Proposal from Zakaroff
Recycling Services.
2. Direct the City Attorney to prepare the contract.
3. Authorize the Mayor to execute the contract.
BRIEF SUMMARY:
In 1993, the City's contract with BFI expired (residential, City
Buildings and street can refuse collection). Due to the uncertainty at
the time of AB -939 requirements and the fact that the California
Integrated Waste Management Board (CIWMB) had not approved the City's
Source Reduction and Recycling Element (SRRE), it was the City's
decision to initiate two separate contracts: 1) Residential, 2) City
buildings and street cans.
In June of 1993 the City entered into a five year contract with
Zakaroff Recycling Services for residential refuse collection in the
amount of $484,200.00 per year. On July 20, 1993, Council awarded a
one year contract to Zakaroff Recycling Services for refuse collection
at City buildings and street cans in the amount of $17,340.00. On
August 13, 1993 the Teen Center was added to the contract for a revised
total annual cost of $18,420.00. In June of 1994 the City's SRRE still
had not gained approval and with the AB -939 requirements still unclear,
the City extended the contract an additional year.
on July 25, 1995, the California Integrated Waste Management Board
approved the City's revised SRRE. As a result of the approval of the
SRRE, the City now has all the information we need to proceed with the
appropriate handling of City refuse.
Zakaroff's contract for City Buildings and Street Cans expired on July
31, 1995. They have proposed that the City continue to utilize their
services in this area until July 31, 1998, the same expiration date as
the residential refuse contract. In return Zakaroff would reduce their
current price from $18,420.00 to $16,500.00, an annual savings of
$1,920.00 or $5,760.00 over the three year period. All of the terms of
the existing contract will be carried over to the new contract
including the separate handling and reporting of the City building and
street can refuse.
Staff recommends the City Council accept the proposal from Zakaroff
Recycling Services, direct the City Attorney to prepare the contract
document and authorize the Mayor to sign the contract.
ATTACHED SUPPORTING DOCUMENTS:
Letter Proposal from Zakaroff Recycling Services.
FISCAL IMPACT:
(Check one) Operating Budget: XX Capital Improvement Budget:
Amount Requested:
Project /Account Budget: $504,200.00
Project /Account Balance: $504,200.00 Date: 7/1/95
Account Number: 001 - 400 - 4206 -6206
Project Phase:
Appropriation Required: Yes No XX
e:
7_'
M -CON 452
ZAKAROFF RECYCLING SERVICES
RECYCLING HAS ALWAYS BEEN OUR BUSINESS•
.1 . ff »u CCWMERCUL AND RESIDENTIAL CONTRACTS -HIGH RISE TOWERS - INDUSTRIAL - AMRTMENT HOUSES
July 28, 1995
Mr. John Hilton
General Servicas'Manager
City of El Segundo
150 Illinois Street
El Segundo, CA 90245
Dear Jack:
As you know, the municipal building contract expires on July 31, 1995. The
current annual contract price for this trash removal and recycling service is
$18,420 annually.
In the spirit of cooperation with the City, and with a desire to continue to serve the
City of El Segundo efficiently and economically, Zakaroff Recycling Services would
like to take this opportunity to suggest the following adjustment to our municipal
building trash collection contract.
We respectfully request that the municipal building contract be renewed for a
period to coincide with the residential contract, thereby allowing us to continue to
serve you under this contract for an additional three years. In consideration for
this, Zakaroff is offering to reduce our annual price for the municipal building and
stroet can collection contract to 416,500 over the remaining term of the contract.
(This is an annual discount to the City of 11.5 %.)
For that reduced sum, we guarantee that you will continue to receive the same high
level of service that you , have come to expect from Zakaroff Recycling Services.
The City will also continuo to benefit from the highly successful recycling program
in the municipal buildings.
15045 Salt Lake Avenue • City of Industry, CA 91746 • (818) 369-5100 a (818) 369.6100 . FAX (818) 333-7754
P.O. Box 90010 • City of Industry, CA 91715-0010
f i Recy ow Papa
.117
SINGE 1917
In all other respects, the terms of our agreement with the city, and our collection
and tonnage reporting procedures, will remain the same. Specifically, we will
continue to segregate the two refuse streams wo collect in El Segundo. Residential
trash will be collected in trucks dedicated for that material and commercial trash
will be collected in trucks used solely for that purpose,
Thank you for your timely consideration on this matter. Please call me if you have
any questions.
Sincerely,
John D. Steinmetz,
Ex6cutive Director,
0 a9cvcueaoa.r
118
LAW OFFICES
BURKE, WILLIAMS & SORENSEN
611 WEST SIXTH STREET, SUITE 2600
LOS ANGELES, CALIFORNIA 9a017
(2131 236 -0600
JAMES T BRADSHAW. JR •
OTA J MMTAN
MARM L SOME'
STEVEN J DAWRON
CAULK MEW TON•
STEPHENR ONSTOT
TE
CS
J ROSERT FLANKK
MARK O HENSLEY
LE COPIER 12131 236 -2700
NOWNIE 0.1
JOSEPH P BUCHMAN
EDWAROM FOX•
SKOOKY T DON
DENISP WAKE •
JANET GARMSt
OOLLEV'
BRENDA MMMCHB
Hy1RYC WILLIAMS
COLN LLWUM
JEFFREY KIOHTLNGER
1101210871
HANDSOME RICHARD. HA
WRLINAA VALLEJOS
NEIL F YEAGER•
THOMAS L ALTMAYER
ROYAL M SORENSFN
MAN MERIK•
CHARLES M CAOEPON•
BILLY DWSMORE
PATRICK ENRMHT
11914INKE
PETER M THOR90N•
NEAL E COSTMNO
JERRY M PATTERSON.
PENNY PAXTON
HARDMI A WOGEB'
GREGORY G MAZ
CIRERYL J KA1E'
KENNETH 0 MIZELL
MYMONO J FUENTES•
OEIWJA L SALLESTEROS
OF COUNSEL
SURVIVE CRASHES
EUZABETN M CALCIANO
MARK C ALLEN JR
VMONll0. 0F801A
CAROLS VICTOR
S PAUL MWUERA
HEATHER KAM
8 DEREK SIRMTSMA
K DIANE LUSHBOUGH
DOING KIRCHER
ELRAMT1 R FEFFER
MICHELE R VAOON
CRAIG S GUNTHER
BCORF FIELD
JOIN D SCHLOTTERSECK
MARY AEOUB GAVUF'
THOMAS P CARTER
RESPIRE YOUNG JR
ROBERT MESSENGER
JUMTIA FOUGHT
ANNA PARK KANC
July 26, 1995
KATHRYN P PETERSe
JOSEPH M MONTEB
TRIMASC WOOD
DAVIOR ALDERSON
CATHERINE T WORE
- PROFESSIONAL CORPORATION
I A MGLEBNONA ASSOCIATION ADMITTED N KANSAS A MKWUHI
I ADMITTED N CAIIFOROA KANSAS A MISSOURI
0 ADIITIED N CLLMORNIA A WASHINGTON 0 C
e ADMITTED N KANSAS
LAX2 133053 1
Honorable Mayor and Members of the
City Council
CITY OF EL SEGUNDO
350 Main Street
E1 Segundo, California 90245
Re: Agreement for City Attorney Service
Dear Mayor and Members of the City Council:
VENTURA COUNTY OFFICE
2310 PONDEROSA DRIVE
SUITE 1
CAMARILLO CALIFORNIA NOW
ISOSI 007 3469
ORANGE COUNTY OFFICE
3200 PARK CENTER DRIVE
SUITE 760
COSTA MESA, CALIFORNIA 02626
(714) 646 SEES
7100 NORTH FRESNO STREET
SUITE 401
FRESNO, CALIFORNIA 93720 2030
(200) 201 0103
■URKE. WILLIAMS. SORENSEN A OAAR
LIOHTON PLAZA
7300 COLLEGE BOULEVARD
SUITE 220
OVERLAND PARK, KANSAS 06210
10131 339 0200
WRITER'S DIRECT DIAL
12131236-2711
OUR FILE NO KXXXX -XXX
I am pleased to present the attached Agreement for City
Attorney Service, as requested by the City Council, for
consideration at the August 1, 1995 meeting of the Council.
We respectfully suggest that Resolution No. 3254 be
repealed, as the attached Agreement contains much more
information than the Resolution, which was the style at the time
of my appointment as City Attorney.
The Agreement, although several pages in length, can be
summarized basically as follows:
1. At a flat rate the City Attorney or the Assistant City
Attorney shall attend up to four meetings of the City Council for
whatever length the meetings last, and perform eight (8) hours of
legal work per week at the City Hall advising the City Manager
and staff and working on El Segundo matters.
119
IAX2 133053 1
Hon. Mayor and
July 26, 1995
Page 2
Members of the City Council
Y
2. The Agreement in no way changes the at -will status of
the City Attorney and Assistant City Attorney and Burke, Williams
& Sorensen. The services of the firm, City Attorney and
Assistant City Attorney may be terminated immediately upon
written notice. We continue to believe that it is in the
interests of the cities we represent that the City Attorney be
employed at the will of the City Council.
3. The rates for each attorney will be increased or
decreased only upon submittal to the City Council of an amendment
to the Agreement, after presentation to the City Manager. All
current rates, which have been in effect for several years, will
not be increased. The rate for the City Attorney and Assistant
City Attorney will be reduced to $150.00 per hour.
4. The reimbursable costs are all as indicated to the City
Council, and represent a reduction in the amount of the costs
from previous years.
5. In addition, we provide for indemnification, insurance,
and other general matters affecting the relationship.
6. We have corresponded with the City as recently as July
24, 1995 with respect to credits and adjustments to the firm's
billing during the 1994 -95 fiscal year. In essence, credits for
costs and other adjustments will be accomplished to the
satisfaction of the City so that they will be reflected in the
financial data relating to the City Attorney section of the
budget for the fiscal year 1994 -95. We believe this will be
finalized in two weeks and then reported to Council. The
attached Agreement is intended to go into effect as of July 1,
1995 and will be reflected in statements rendered in the next
fiscal year.
7. We propose a meeting with the City Council or the City
Manager in October 1995 to review and evaluate the City
Attorney's performance in the intervening months. If
appropriate, I will bring any matter to the attention of the City
Council subcommittee concerning the terms of our representation
of the City.
I would like to personally thank the City Council for this
opportunity to update our arrangements with the City by entering
into a more explicit written contract, and I would like to say
that, over the years, representing the City has presented me with
�w 120
Hon. Mayor and Members of the City Council
July 26, 1995
Page 3
a number of serious professional challenges. As I have
mentioned, I do take some pride in the fact that we have been
able to successfully represent the City in the face of some
serious legal challenges to the authority and decisions of the
City Council and the staff, as well as the City Attorney. I will
endeavor to so represent the City in the future.
Very truly yours,
JtLCOWE&Y4--�-
E, WILLIAMS & SORENSEN
LCD:ser
Enclosure
cc: Mr. Jim Morrison, City Manager
LAX2 1330.53 1
171
WC2 132948 1
AGREEMENT FOR CITY ATTORNEY SERVICES
THIS AGREEMENT, made and entered into by and between
the CITY OF EL SEGUNDO, a General Law City (hereinafter "City ")
and the law firm of BURKE, WILLIAMS & SORENSEN, a partnership
(hereinafter 11BWS11) and shall be dated as of August 1, 1995. In
consideration of the mutual covenants and agreements set forth
herein the parties agree as follow:
SECTION 1. RECITALS. This Agreement is made and
entered into with respect to the following facts:
A. City has heretofore engaged the services of BWS to
act as the City Attorney for City and to perform all legal
services which are needed by the City; and
B. It is the desire of the parties hereto to
formalize, by means of this Agreement, their relationship
pertaining to the performance of such legal services; and
C. BWS has agreed to provide such legal services, in
the time, manner and for the compensation, as hereinafter set
forth; and
D. That City Council of City has determined that the
public interest, convenience and necessity require the execution
of this Agreement.
SECTION 2. LEGAL SERVICES. BWS shall perform the
legal services necessary to serve the City which shall include,
but are not limited, to the following:
A. The designated City Attorney or the designated
Assistant City Attorney shall attend all meetings of the City
Council unless excused by the City Council or, as appropriate,
the City Manager; and
B. Provide legal counsel at such other meetings of
boards, commissions and committees of the City as directed by the
City Council or City Manager; and
C. Provide legal advice and opinions on all matters
affecting the City when requested by the City Council, the City
Manager, or a Department Head (as approved by the City Manager),
and represent the City in administrative proceedings and
litigation involving the City which may arise from those matters
upon which such advice has been given; and
D. Prepare and approve as to legal form all
resolutions, ordinances, contracts, agreements and other legal
I
A
documents and represent the City in administrative proceedings
and litigation involving the City which may arise from those
matters upon which such advice has been given; and
E. Undertake civil and criminal prosecution of
violations of City ordinances when requested to do so by the City
Council or City Manager; and
F. Represent the City in administrative proceedings
and civil or criminal litigation to which the City is a party;
and
G. Provide legal advice and opinions on all financial
matters affecting the City when requested by the City Council,
the City Manager, or a Department Head, and represent the City as
bond counsel in the issuance of such bonds or other financial
transactions involving the City.
BWS shall not be required to perform the services
described above where to do so would be a conflict of interest
pursuant to the State Bar Act. When requested by the City
Manager, BWS shall provide City with an estimate of the costs of
litigation or other services to be provided. The City Council
shall retain the right to direct that attorneys other than BWS
perform legal work for the City.
SECTION 3. DESIGNATION OF CITY ATTORNEY. LELAND C.
DOLLEY of Burke, Williams & Sorensen shall be appointed City
Attorney of City, and MARK D. HENSLEY shall be appointed as
Assistant City Attorney of City. Such appointees shall serve at
the pleasure of the City Council of City and may be changed by
Council action without amending this Agreement. Such appointees
shall have the authority vested in city attorneys by the
applicable laws of the State of California. The designated City
Attorney shall be responsible for performing or causing to be
performed the work described in Section 2 of this Agreement.
SECTION 4. COMPENSATION. BWS shall be compensated by
City for the performance of such services as follows:
A. Basic Retainer. BWS shall be compensated for the
performance of basic retainer services pursuant to this Agreement
in the amount of Five Thousand ($5,000.00) per calendar month
commencing as of the effective date of this Agreement. Basic
retainer services for the purposes of this Agreement shall be
deemed to be: Attendance at up to Four (4) City Council meetings
of whatever length and office hours of Eight (8) hours per week
in the City Hall.
B. Additional Services. BWS shall be compensated for
additional retainer services in accordance with the following:
LVC2 132948 1 -2-
1. Performance of Services by Designated City
Attorney and Assistant City Attorney.
For all time spent by the designated City Attorney and
Assistant City Attorney in excess of the basic retainer rate per
calendar month, BWS shall be compensated on an hourly basis of
One Hundred Fifty Dollars ($150.00) per hour for all time so
spent. The hourly rates of the designated City Attorney and
Assistant City Attorney, exclusive of the basic retainer services
shall be increased or decreased as of each July 1st occurring
during the term of this Agreement, commencing on July 1, 1996, by
an amount approved by the City Council as an amendment to this
Agreement.
IAX2 132948 1
Legal Services Provided by Attorneys Other
Than Designated City Attorney and Assistant
City Attorney.
BWS shall be compensated for the performance of legal
services by attorneys other than the designated City Attorney and
Assistant City Attorney at the then current hourly rate of the
attorney performing such service, except for bond and financial
work. On or before June 1st of each year occurring during the
term of this Agreement, BWS shall submit to the City Manager for
review and approval a list of the hourly rates of all attorneys
available to perform services for the City and the hourly rates
therefor which will be effective on approval of any amendment to
this Agreement by the City Council, commencing on each said July
1st through and including June 30th of the following calendar
year.
Legal Services for Bond and Financial
Matters.
If required, BWS shall be compensated for bond matters
in such amounts as are reasonable and customary for bond counsel
the public sector, provided BWS shall not proceed with such work
until the Council approves, in its sole discretion, the
compensation and authorizes the work to proceed.
4. Reimbursable Expenses.
BWS shall be entitled to reimbursement for all
reasonable and necessary expenses incurred by it in the
performance of legal services hereto, provided that the same are
first approved by the City Manager. Reimbursable expenses to
which BWS shall be entitled shall include: duplication costs;
word processing costs; telephone and telecommunications costs;
and messenger service. Expert witnesses and other expert costs
shall be approved prior to engagement by the City Manager.
5. Payment for Services.
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124
LAX2 132948 1
BWS shall submit monthly statements to the City Manager
for all services provided and costs incurred pursuant to the
terms of this Agreement. Said statements shall clearly set forth
by date the type of work performed, the time spent on a task and
the attorney performing the task. The City Attorney shall meet
with the City Manager monthly to review the statements. Payment
to BWS shall be made by City within thirty (30) days of receipt
of the statement, except for those specific items on the billing
which are contested or questioned and returned by City, with an
explanation, within thirty (30) days of receipt of the statement.
BWS shall provide to City a written response to any statement
contested or questioned and further, upon request of City,
provide City with any and all documents related to the service or
costs. No charge shall be made for time expended in meeting or
providing this information to the City, nor for time expended
preparing the statements.
SECTION S. TERM. The term of this Agreement shall
commence as of July 1, 1995, and shall continue thereafter unless
terminated by either party hereto pursuant to the terms of this
Agreement. City may terminate this Agreement at any time, by
giving notice in writing prior to termination. BWS may terminate
on the giving of thirty (30) days written notice to the City of
such termination. BWS will comply with all obligations required
of it pursuant to the State Bar Act in connection with a
termination and the transition to replacement counsel. BWS shall
be compensated for its services rendered through and including
the effective date of such termination.
SECTION 6. NOTICES. Notices required pursuant to this
Agreement shall be given by personal service upon the party to be
notified, or by delivery of same to the custody of the United
States Postal Service, or its lawful successor, postage prepared
and addressed as follows:
CITY: City of E1 Segundo
350 Main Street
E1 Segundo, California 90245
Attention: City Manager
BWS: Burke, Williams & Sorensen
611 West 6th Street, 25th Floor
Los Angeles, California 90017
Attention: Leland C. Dolley, Esq.
Service of a notice by personal service shall be deemed to have
been given as of the date of such personal service. Notices
given by deposit with the United States Postal Service shall be
deemed to have been given two (2) consecutive business days
following the deposit of the same in the custody of said Postal
Service. Either party may, from time to time, by written notice
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171
to the other, designate a different address which shall be
substituted for the one above specified.
WC2 132948 I
4
SECTION 7. INDEMNIFICATION. BWS does hereby agree to
hold City, and its elected and appointed officers and officials,
employees and other agents free and harmless from any claim,
demand or judgment which may arise based upon personal injury or
damage to property to a third party arising out of the
performance of services by BWS hereto.
SECTION S. INSURANCE. Not in derogation of the
provisions of Paragraph 7 hereof, BWS does hereby agree to take
out and maintain in full force and effect under the terms of this
Agreement the following insurance coverage:
A. Such insurance coverage as is required pursuant to
the Workers' Compensation Laws of the State of California; and
B. A liability policy with coverage of not less than
$1,000,000.
C. Professional Liability (errors and omissions)
insurance in an amount of not less than $1,000,000.00
SECTION 9. GENERAL PROVISIONS.
A. BWS shall not assign this Agreement, or any of the
rights, duties or obligations hereunder. It is understood and
acknowledged by the parties that BWS is uniquely qualified to
perform the services provided for in this Agreement.
B. BWS is and shall at all times remain as to the
City a wholly independent contractor. BWS shall not at any time
or in any manner represent that it or any of its officers,
employees or agents are In any manner employees of the City.
City acknowledges and agrees that the City Attorney, Assistant
City Attorney and attorneys representing the City will need to
represent to others their capacity and relationship to the City.
C. In the performance of this Agreement, BWS shall
not engage in discrimination in employment of persons because of
the age, race, color, sex, national origin or ancestry or
religion of such persons.
D. Nothing contained in this Agreement shall be
deemed, construed or represented by the City or BWS to any third
person to create the relationship of principal or agent, or of a
partnership, or of a joint venture, or of any other association
of any kind or nature between the City and BWS.
E. This Agreement constitutes the entire agreement of
the parties concerning the subject matter hereof and all prior
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l ?.F
Y
I
agreements or understandings, oral or written, are hereby merged
herein. This Agreement shall not be amended in any way except by
a writing expressly purporting to be such an amendment, signed
and acknowledged by both of the parties hereto.
F. The City Attorney shall meet at least quarterly
with the City Manager or the City Council, as requested, to
review the performance of this Agreement.
G. No waiver of any provision of this Agreement shall
be deemed, or shall constitute, a waiver of any other provision,
whether or not similar, nor shall any such waiver constitute a
continuing or subsequent waiver of the same provision. No waiver
shall be binding, unless executed in writing by the party making
the waiver.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed by their representatives as follows:
ATTEST:
LAX2 132948 1
CITY CLERK
CITY OF EL SEGUNDO, a General Law
City
By
ti_s •
BURKE, WILLIAMS & SORENSEN,
a Partnership
By
LELAND C. DOLLEY
PARTNER
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