Loading...
1995 OCT 03 CC PACKET-2EL SEGUNDO CITY COUNCIL MEETING DATE: October 3, 1995 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Request by Senior Housing Corporation Board to expend $62,000 from Senior Housing Corporation Funds, for painting and coating the exterior of Park Vista COUNCIL ACTION: Approve authorizing Senior Housing Corporation to expend $62,000 from Senior Housing Corporation Fund for painting and coating exterior of Park Vista BRIEF SUMMARY: The operating agreement between the Senior Housing Corporation Board and the City of Ell Segundo states in Section 5 2 1 In fulfillment of its dunes under this Section, the Corporation shall purchase or oversee the purchase of, such supplies, equipment and services as are necessary for the operation and maintenance of the Facility within the approved budget, provided, however, that no disbursement not approved by the City Council of the City in the Plan of Operation for this purpose shall be made in excess of Two Thousand Dollars ($2,000) unless specifically authorized by the City Council of the City, except that emergency repairs, involving potential or actual danger to life or property, or immediately necessary for the preservation and safety of the Facility or of its tenants, or required to avoid the suspension of any necessary service to the Facility, may be made by the Corporation irrespective of the foregoing cost limitation Notwithstanding this authority as to emergency repairs, 9 is understood and agreed that the Corporation will, d at all possible, confer with the City regarding every such expenditure before proceeding The board of directors have determined that a present need exists to paint the exterior of Park Vista As a result, the board directed Housing Management Associates to research and recommend the best method of painting the building Along with assistance from the City's Public Works Department, it was recommended that an elastomeric coating be applied to Park Vista This painting will result in sealing and waterproofing the Park Vista complex Job specifications were prepared for the project and a formal bud process was conducted Sealed bids were received from the following contractors DURATEX COATING COMPANY $62,000 J C FRENCH AND COMPANY 62,216 SOUTHERN PACIFIC COATING 88,146 AFA INC 92,516 TECHNO COATINGS 114,595 ACE CONCRETE AND WATERPROOFING 155,694 FISCAL IMPACT. YES (Check one) Operating Budget: Capital Improv. Budget: Amount Requested: $62.000 Senior Housing Corporation Funds Project/Account Budget: Project/Account Balance: Date: Account Number: Project Phase: Appropriation Required - Yes_ No_ Date. September 25, 1995 Jim FauTc -,Aecreafion and Parks Director iso v Nkandge� _ 7— 075 1 EL SEGUNDO CITY COUNCIL MEETING DATE: October 3, 1995 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Award of contract for the Sealing of the Concrete Parking Deck over the Water Reservoir at 400 Lomita Street. Specifications No. PW 95 -7 (contract amount $63,770.00). RECOMMENDED COUNCIL ACTION: 1. Waive the minor irregularity of the condition stated in the low bid submittal. 2. Award contract to the lowest responsible bidder Surfacing Technology in the amount of $63,770.00. 3. Authorize the Mayor to execute the standard Public Works contract. BRIEF SUMMARY: On August 1, 1995, the City Council adopted plans and specifications and authorized Staff to advertise the Sealing of the Concrete Parking Deck (approximately 25,000 square feet in area) over the Water Reservoir at 400 Lomita Street. On September 5, 1995, the City Clerk received and opened the following bids: Surfacing Technology $63,770.00 Western Waterproofing Company Inc. $72,229.00 Pacific Waterproofing, $77,777.00 CPW Inc. $82,417.00 Eagle Waterproofing & Coating $83,750.00 Merzi Painting & Construction $84,700.00 Engineer's Estimate = $75,000.00 continued on next page.... ATTACHED SUPPORTING DOCUMENTS: 1. Copy of low bid page. 2. Letter from the low bidder, Surface Technology. FISCAL IMPACT: (Check one) Operating Budget: Amount Requested: Project /Account Budget: Project /Account Balance: Account Number: Project Phase: Appropriation Required: _ Capital Improvement Budget: XX xS63,770.00 X$80,000.00 $80,000.00 Date: 9/1/95 301 - 400- 8201 -8381 Award of Contract Yes No XX - 1 of 2 - ea 079 BRIEF SUMMARY: (continued) The project specifications required the application of specific products manufactured by General Polymers, Inc. and provided bidders with an opportunity to submit alternate products for City's consideration prior to bid opening. The low bidder submitted a bid with a condition that a different product be accepted without obtaining the City's approval prior to bid opening. After subsequent discussions, the low bidder has agreed to use the originally specified product at the same cost. The attached letter from the bidder withdrawing the low bid condition will be made part of the executed contract documents. Staff recommends that the City Council waive the low bid condition as a minor irregularity and award contract to the lowest responsible bidder, Surfacing Technology, in the amount of $63,770.00. Staff has verified and received favorable responses from previous work references of the low bidder. As directed by the City Council on August 1, 1995, the project will be funded from General Funds. - 2 of 2 - PW- CON.465 (9/22/95) 3a 077 BID PROPOSAL Furnish all labor and materials for sealing the concrete parking deck (approximately 26,000 square feet) over the water reservoir at 400 Lomita Street at the lump sum price of $ 3, 7 701 =° J Lump sum price in words �� J(7 y �!� IC y. 7 it O y5 16) Al -f CAK41,-UL C oAb4Y , I hiti Pr2�cc is L3A3td t)Pm lhz,� fiP1 -- OVAZ 01 CAK41,-UL C oAb4Y , i -c- 3 folplf, SURFACING TECHNOLOGY • Deck Coating • Waterproofing - City Of E1 Segundo Sept 20,1995 350 Main Street E1 Segundo Calif 90245 ATTNr Se3lur nevaraj Subject: Sealing of Parking Derk nvpr tho water reservoir at 400 Lomita Stroot. Spccification 0 PW 95 -7 This is to .inform you we are removinq the continrlcnry of Materials,(in EIubject Hid) and will install tho Specifier) Product, Manufactured by General Polymoro for the original b, d Niice of $ 63,770.00,with the Specified 5 yea,- labor and MaLeiials (As furnwshed by General Pelymcro)Warrenty. We die ayieeable Lu uxecuLing the contract with thin letter made part of the contract ducumenL5. Wayne T. Masters Pago 1 of 3 2434 E. Fender • Suite F • Fulledon, CA 92631 • (714) 671.2960 • Fax (7t4) 871 -137R Contractor's UQense No. 630816 117!° EL SEGUNDO CITY COUNCIL MEETING DATE: October 3, 1995 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Amendment to December 7, 1993 City - Caltrans Agreement for construction of the Nash Street - Douglas Street One -Way Couplet Project. RECOMMENDED COUNCIL ACTION: Approve amendment and authorize the Mayor to execute the amendment on behalf of the City. BRIEF SUMMARY: The City currently has an agreement with Caltrans which provides for Caltrans to design and construct the Nash Street - Douglas Street one -Way Couplet Project in conjunction with a larger Caltrans project to construct the Douglas Street eastbound on -ramp to I -105 Freeway and an east -west freeway access road between Nash and Douglas Streets. The agreement also provides for the City to finance the $500,000 estimated cost of the couplet project. The City - Caltrans agreement will terminate on December 31, 1995. The project was delayed by Caltrans pending resolution of right -of- way issues relative to the larger Caltrans project with affected property owners. These issues have now been resolved and Caltrans is proceeding with the project as follows: Advertise project for construction October 16, 1995 Bid opening November 30, 1995 Start construction February 1996 Complete construction May 1997 Caltrans has requested an amendment to the current agreement to extend the termination date from December 31, 1995 to December 31, 1998. The City Attorney has reviewed and approved the proposed amendment. ATTACHED SUPPORTING DOCUMENTS: 1. Amendment to City - Caltrans agreement. 2. City- Caltrans December 7, 1993 agreement. 3. Map of area. FISCAL IMPACT: (Check one) Operating Budget: Amount Requested: Project /Account Budget: Project /Account Balance: Account Number: Project Phase: Appropriation Required: Capital Improvement Budget:! Date: Yes No XX Y W -VV1V . Y00 L1 F RECEIVEO 07 -LA -105 R1.0 /R1.3 SEP 1 1 1995 In the City of E1 Segundo on Nash St. & Douglas St. and the ENGNEERING On -Ramp OIVIZ!04 07220 053201 DISTRICT AGREEMENT NO. 4058 A -2 AMENDMENT TO AGREEMENT THIS AMENDMENT TO AGREEMENT, entered into on , 19 , is between the STATE OF CALIFORNIA, acting by and through its Department of Transportation, referred to herein as STATE, and 1 CITY OF EL SEGUNDO a body politic and a municipal corporation of the State of California, referred to herein as CITY 082 DISTRICT AGREEMENT NO. 4058 A -2 RECITALS 1. The parties hereto entered into an Agreement (Document No. 8188), District Agreement No. 4058, on February 4, 1992 which was subsequently amended on December 7, 1993, Agreement No. 4058 A -1; said Agreement and Amendment defining the terms and conditions of a project to construct an eastbound on -ramp to the I -105 Freeway at Douglas Street, including the conversion of Nash and Douglas Streets to a one -way couplet, referred to herein as "PROJECT ". 2. It has been determined that PROJECT will not be constructed prior to the termination date of said Agreement and Amendment. IT IS THEREFORE MUTUALLY AGREED: 1. The termination date specified in Article 3 of the Amended Agreement shall now be December 31, 1998 instead of December 31,1995. 2. The other terms and conditions of said Agreement (Document No. 8188, District Agreement No. 4058 and Amendment A -1) shall remain in full force and effect. 3. This Amendment to Agreement is hereby deemed to be part of Document No. 8188, District Agreement 4058 and Amendment A- 1. 2 083 STATE OF CALIFORNIA Department of Transportation JAMES VAN LOBEN SELS Director of Transportation By Ken Steele District Director Approved as to Form and Procedure Attorney Department of Transportation Certified as to Funds Manage, Office of Budgets Certified as to Procedure Accounting Administrator 0 3 DISTRICT AGREEMENT NO. 4058 A -2 CITY OF EL SEGUNDO By Attest: Mayor City Clerk Approved as to Form Bv: City Attorney .'" 084 RL_t_ivL-u . . JAN 2 1 by " ENG'NEEA'NG 07 -LA -105 R1.O /R1.3 D1 In the City of El Segundo On Nash St. i Douglas St. J 0 , and the On -Ramp to the E/B I -105 Freeway C.7 0720-2 - 053201 DISTRICT AGREEMENT NO. 4058 A -1 AMENDMENT TO AGREEMENT This AMENDMENT TO AGREEMENT entered into f,2- % - %3 , 19931 is between the STATE OF CALIFORNIA, acting by and through its Department of Transportation, referred to herein as STATE and CITY OF EL SEGUNDO a body politic and a municipal corporation of the State of California, referred to herein as CITY. 481.88 CO, 4TRACT 2309, Cii / OF B S-- ^" *:DD ' 085 DISTRICT AGREEMENT NO. 4058 A -1 RECITALS 1. The parties hereto entered into an Agreement (Document No. 8188, District Agreement No. 4058) on February 4, 1992, said Agreement defining the terms and conditions of a project to construct an eastbound on -ramp to the I -105 Freeway at Douglas Street, including the conversion of Nash and Douglas Streets to a one -way couplet, referred to herein as "PROJECT ". 2. It has been determined that PROJECT will not be constructed prior to the termination date of said Agreement. IT IS THEREFORE MUTUALLY AGREED: 1. The termination dated specified in Section III, Article 13 of the original Agreement shall now be December 31, 1995 instead of December 31, 1993. 2. The other terms and conditions of said Agreement (Document No. 8188, District Agreement No. 4058) shall remain in full force and effect. 3. This Amendment to Agreement is hereby deemed to be part of Document No. 8188, District Agreement 4058. lli:AGT - 1 - i:Js0v ci ' Or re Grp r on 4e Re6 STATE OF CALIFORNIA Department of Transportation JAMES VAN LOBEN SELS Director of Transportation By B. BAXTER ict Director Approved as t F m and Procedure: \w Attorney DISTRICT AGREEMENT NO. 4058 A -1 CITY OF EL SEGUNDO By Approved as to Form: iO cityAttoley Cert�if ied /as to / s and Procedure: i •�'. //� L// \ uiscricc Accounting - 2 - ?8188 Cu,:,;;r,GT 23og %A STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF EL SEGUNDO CERTII-I(_A 1 lute ) SS I, Lora Freeman, DEPUTY CITY CLERK OF THE CITY OF EL SEGUNDO, CALIFORNIA, and ex- officio Clerk of the City Council of said City, do hereby certify and attest the foregoing to be a full, and correct copy and excerpt of the original MIIVUTiES OF DECEMBER 7, 1993 located in this office, and that I carefully compared the same with the originals: 13. Amendment to extend the expiration date of the agreement between the City of El Segundo and Ca cans for construction of the Nash /Douglas Street one -way couplet, and authorize the Mayor to execute the amendment on behalf of the City.. MOVED by Mayor ProTem Wise, SECONDED by Councilman West to approve Contract No. 2309. MOTION PASSED BY THE FOLLOWING VOICE VOTE 410/ 1 - AYES: Mayor Jacobsoy Mayor ProTem Wise, Councilman West and Councilman Switz NOES None. NOT PARIKWATINQ Councilman Robbins. IN WITNESS WHEREOF, 1 have hereunto set my hand 27th day of December. 1993. R.4 FREEMAN Deputy City Clerk City of El Segundo RLCEIVED JUN 16 19 Ef,p vliiom rut IT ,'10 S CUPY 7 -LA -105 R1.0 /R1.3 In the City of E1 Segundo On Nash Street and Douglas Street and the on -ramp To the E/8 105 Freeway 07202 - 053201 District Agreement No. 4058 THIS AGREEMENT, ENTERED INTO ON FeL-.r-uar4 y , 1992, is between the STATE OF CALIFORNIA, acting by and th ough it's Department of Transportation, referred to herein as "STATE ", and CITY OF EL SEGUNDO a body politic and a municipal corporation of the State of California, referred to herein as "CITY ". 1. A loop on -ramp design was included in the Final EIS for the I- 105 Freeway and the Freeway Agreement with CITY dated October 22, 1982. Opposition grew from local property owners regarding the workability of the ramp geometrics. There was concern that peak period traffic destined for the Douglas Street on -ramp would back onto local surface streets. It was also believed that entrance and exit movements to and from office garages within the loop would be impeded, and leasing potential for this site would be reduced. In addition CITY was recommending Nash Street and Douglas Street be converted to a one way couplet to improve traffic circulation within CITY. This also raised concerns as to the workability of the loop ramp design. The State developed a frontage road design, including an access road to service the Kilroy property, in response to the above noted concerns. On February 1, 1988 the FWHA approved the frontage road design contingent upon CITY converting Nash Street and Douglas Street to a one - way couplet. 2. On February 6, 1990 the CITY Council passed a resolution committing $500,000 for the couplet construction. On May 15, 1990 the freeway Agreement was amended to reflect the frontage road and access road design. -2- 3. It will be to STA7E'e Douglas Street to a one -way couplet as part of the STATE's contract to construct the E/B on -ramp, frontage road and access road to the 105 Freeway to insure compliance with FWHA approval for participation. 4. Construction of the frontage road and access road will service the needs of CITY. In addition, CITY will not have to administer a separate contract to construct the one -way couplet on Nash street and Douglas Street from Imperial Highway to E1 Segundo Boulevard. The project will satisfy the concerns of local property owners and will be compatible with the CITY's Master Plan. S. STATE and CITY mutually desire to cooperate in the construction of the one -way couplet, frontage road, access road and on- ramp to the E/B 105 Freeway, referred to herein as "PROJECT ", and desire to specify herein the terms and conditions under which said improvements will be constructed, financed and maintained. 6. The STATE's portion of PROJECT consists of the frontage road, access road and the on -ramp including the new traffic signals and lighting on the frontage road. The CITY's portion of PROJECT consists of all the work required to convert Nash Street and Douglas Street to a one -way couplet including traffic signal modification, new signing, striping, median island removal and roadway reconstruction on Douglas Street. -3- . 1. To prepare plans and specifications and estimates of cost (PS &E) for PROJECT and to bear the entire expense therefor. Said PS &E to be reviewed for concurrence by CITY. STATE will obtain any necessary permits and right of way and will incorporate the construction of the one -way couplet on Nash Street and Douglas Street from Imperial Highway to El Segundo Boulevard into the STATE construction contract. 2. To make all necessary arrangements with the owners of public or 'private utilities for the removal and /or relocation of all utility facilities which could conflict with the aforesaid construction, in accordance with applicable law, the provisions of any franchise, Master Contracts or other agreements in effect with the respective utility owners, and to prepare the necessary notices to relocate, and /or Utilities Agreements and to inspect the required utility relocation work. 3. To advertise, award and administer the construction contract for PROJECT and to pay 100% of the construction engineering costs. 4. To construct PROJECT and to pay loot of the contract , construction costs of the STATE's portion of PROJECT. -4- n02 STATE OF CALIFORNIA— BUSINESS AND TRANSPORTATION AGENCY PETE WILSON, Gow.e DEPARTMENT OF TRANSPORTATION - DISTRICT 7 120 SO SPRING ST LOS ANGELES, CA 900123606 uuuu (213) 897 -4644 R` CEQIVED September 7, 1995 SEP 1 1 1995 ENGINEERING DIVISION 07 -LA -105 R1.0 /R1.3 Nash /Douglas On -ramp 07220- 11258G Mr. Bellur K. Devaraj City Engineer City of E1 Segundo Department of Public Works 350 Main Street E1 Segundo, CA 90245 Dear Mr. Devaraj: Attached is a draft amendment to our Cooperative Agreement to convert Nash and Douglas Streets to a one -way couplet. The original agreement and first amendment terminate on December 31, 1995. The termination date has to be extended since the project has been delayed and work will continue beyond the end of the year. If the amendment is satisfactory I will formalize the agreement and sent it to you for execution. Please call me at the above noted telephone number if you have any questions. Attachment cc: FLQuon - PDA Sincerely, 4.1i. A'0- P. W. HOBERT Project Manager Office of Project Development A #4 4 081 inn with any �,ork, author ity �L ;u. _.. delegateu w 3. Neither CITY nor any officer or employee thereof, is responsible for any damage or liability occurring by reason of anything done or omitted to be done by STATE under or in connection with any work, authority or jurisdiction delegated to STATE under this Agreement. It is also understood and agreed that, pursuant to Government Code Section 895.4, STATE shall fully indemnify and hold CITY harmless from any liability imposed for injury (as defined in Government Code Section 810.8) occurring by reason of anything done or omitted to be done by STATE, its officers, agents and employees under or in connection with and work, authority or jurisdiction delegated to STATE under this Agreement. 4. Prior to award of the construction contract for PROJECT, CITY may terminate this Agreement by written 30 calendar day notice provided CITY pays STATE for all PROJECT costs incurred by STATE prior to the effective date of the termination. 5. This Agreement may be terminated and provisions contained herein may be altered, changed, or amended by mutual consent in writing of the parties hereto. 6. STATE shall not advertise a contract to construct PROJECT until after receipt of CITY's deposit required in Article (1) of Section II of this Agreement. -7- nq 5 7. If, after opening bids for PROJECT, the lo.c --t responsible t.:. is not more than the Engineer's Estimate, STATE may award the contract, except that immediately after opening of bids, STATE and CITY will conduct a joint review of the bid item prices. STATE will not award the contract for a period of 25 days following opening bid. 8. If CITY does not agree with the aforementioned bid item prices, CITY will terminate this Agreement within 25 days of the opening of bids pursuant to the provisions of Article (t) of this Section III. 9. If upon opening of bids for PROJECT, it is found that the lowest responsible bid exceeds the Engineer's Estimate, STATE and CITY shall consult upon a course of action. If, after 25 days, a course of action is not agreed upon, this Agreement shall be terminated by joint consent pursuant to Article (10) of this Section III. 30. If termination of this Agreement is by mutual consent, STATE will bear 80% and CITY will bear 20% of all costs prior to termination. 11. Upon completion and acceptance of the PROJECT construction contract by STATE, STATE will accept control of maintenance, at Its own cost and expense, those portions of PROJECT lying within STATE's right of way, except for portions of local city roads delegated to CITY for maintenance. 12. Should any portion of.PROJECT be financed with Federal funds or State gas tax funds, all applicable laws, regulations and policies relating to the use of such funds shall apply notwithstanding other provisions of this Agreement. 13. This Agrar:ient shall terminate upon completion and acceptance the construction contract for PROJECT by STATE, or on December 31, 1993 whichever is earlier in time, unless all parties agree to an extension of time. -8- ego; STATE OF CALIFORNIA CITY OF EL Department of Transportation JAMES VAN LOBEN SELS By, Director of Transportation le B ERRY B. BAXTER istrict Director APPROVED AS TO FORM AND PROCEDURE: APPROVED AS TO FORM: Attor a ul '- City torney CERTIFIED AS TO FUNDS AND PROCEDURE: ka- l 0000 District AccoUnteing Officer R- -9- rR? m W N 6 N N � (reyi 0 8 p 0.' 0 0 M i N qq� W.i 8 8 8 8 8 8 8 8 8 8 8 8 n 0 8 8 8 8 pp O • • N O O 0 p p 8 p 8 „ 8 8 8„ 8 8 8 8 8 M . O Ict 04 n N H A F N M y M U9 y YI a a s PG a N H a o ga O O O O 0 0 O O �O a .N+ N N %A N ti .Ni .Oi N VP N N �O •+ N A .f N �O n b P O .r N ZZ rl r1 r1 1 P98 n 00 p b N N 8 O N P y n F N M y M U9 y YI a a s PG a N H a o ga O O O O 0 0 O O �O a .N+ N N %A N ti .Ni .Oi N VP N N �O •+ N A .f N �O n b P O .r N ZZ rl r1 r1 1 P98 i N N .-� N O O 0 N Vl N N h N N U H O COX � F a i c o }0 0 0 U� •� 2 ^ ca w y9k N a V w M M a N to 9 }1 919 �pp+O p S• In X10 �o O N O O O O O O O O .pNp 1 UL' N N O e0 40 O O b O b O b 00 0 O N N N N N r, O O o 0 0 0 0 0 0 0 0 0 0 0 0 o O o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 g O O N O O O O O O O O O O O O O O n N M Itj I1 N �+ N Q, S S O S N S N O S O O S S NN U O O O O ~ O N Oi O O N O O W N N M1 NC 10 .O r NC NN N N .-� N O O 0 N Vl N N h N N U H O COX � F a i c o }0 0 0 U� •� 2 ^ ca w y9k N a V w M M a N to 9 }1 919 �pp+O p S• In X10 �o O N O O O O O O O O .pNp 1 UL' N N O e0 40 O O b O b O b 00 0 O N N N N N r, r 0 0 0 0 0 O O N N O V O O O O N J N P 888 888 08 a N a vai V0i N N w � � Z .. r 04 a CIO rl w o wer g ZI .10 y8�� y y of ►�� � �N H ci Z #r t7 p O.i-r M N rr LW H r7 0 H P1 G M ^► g$ 8U O O n rO 0 40 10 O O AZ Z A In in ''" 100 0 /, N P a + N N O jr, a a o � � m FA 6 M 7C O O O K JETS 0 N Q ON N N d P .;v; n nN P .1P M1 N M P nN P J O 1 101 �o i z N X W OAl0 a 0 m CC ;i J Q z 0 Q z X w z A Aj J aJ 9 L 2 n J AIG s' s in 0 O o W 1 U L) 1 I li '*. mi lm ffi 1 D� L oil U LL Q 4 � Z UUU:J t, I W OW a� J M CL O iz = a a0 Z () WUON .d AYM•3NO ��I �-]Nn PaV11% priv, O u J O iM SI$I UcJ U co v A Q W N 4 G7 m 1S 13,. / 1Y1N3HilHW 11I J// O 0 z 0 u W z W t- co AS © © F--vlt 1S YNYIONi Slew III Ex- 102 EL SEGUNDO CITY COUNCIL MEETING DATE: October 3, 1995 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Allied Signal Parcel Map 17911, 850 South Sepulveda Boulevard. RECOMMENDED COUNCIL ACTION: Accept the real property dedicated for public use in Parcel Map 17911. BRIEF SUMMARY: The City Planning Commission on June 24, 1993 adopted Resolution No. 2339 approving Parcel Map 17911 for the subdivision of Allied Signal's property at 850 South Sepulveda Boulevard. Allied Signal has complied with the conditions stipulated in the Planning Commission's resolution. Parcel Map 17911 includes dedications of Allied Signal's property along the northside of Rosecrans Avenue and along the eastside of Sepulveda Boulevard. These dedications are required for the widening of Sepulveda Boulevard generally between Rosecrans Avenue and E1 Segundo Boulevard. Caltrans, which is the lead agency for the Sepulveda Boulevard Widening Project, has verified that the proposed dedications are adequate to accommodate the widening project. Staff recommends the City Council accept the real property dedicated for public use in Parcel Map 17911. ATTACHED SUPPORTING DOCUMENTS: 1. City Planning Commission Resolution No. 2339 dated June 24, 1993. 2. vicinity map. FISCAL IMPACT: (Check one) Operating Budget: Amount Requested: Project /Account Budget: Project /Account Balance: Account Number: Project Phase: Appropriation Required: _ Capital Improvement Budget:_ Yes No XX Date: YW -1 Va.YQo 103 RESOLUTION NO. 2339 A RESOLUTION OF THE PLANNING COMMISSION OF THE CPIT OF EL SEGUNDO, CALIFORNIA APPROVING ENVIRONMENTAL ASSESSMENT NO. EA -302, SUBDIVISION 93 -1, AND TENTATIVE PARCEL MAP NO. 17911 TO SUBDIVIDE ONE LOT INTO THREE PARCELS AT 850 S. SEPULVEDA BOULEVARD. PETITIONED BY ALLIED SIGNAL. WHEREAS, on February 4, 1993 an application was received from Allied Signal for Environmental Assessment EA -302, Subdivision 93 -1, and Tentative Parcel Map No. 17911 to subdivide one lot at 850 S. Sepulveda Boulevard; and WHEREAS, an Environmental Assessment has been prepared and circulated for Inter - Departmental comments; and WHEREAS, the Planning Commission has reviewed the Initial Study and supporting evidence with the authority and criteria contained in the California Environmental Quality Act, State CEQA Guidelines and the City of El Segundo Guidelines for the Implementation of the California Environmental Quality Act (Resolution No. 3805); and WHEREAS, on June 24, 1993, the Planning Commission did hold, pursuant to law, a duly - advertised public hearing on such matter, and notice of hearing was given in the time, form and manner prescribed by law; and WHEREAS, at said hearing opportunity was given to all persons to present testimony or documentary evidence for or against the fmdings of Environmental Assessment EA -302, Subdivision 93 -1, and Tentative Parcel Map No. 17911; and WHEREAS, at said hearing the following facts were established: 1 The applicant is proposing to subdivide an existing 12.476 acres developed lot into three (3) parcels of 4.876 (Parcel 1) acres, 2.19 (Parcel 2) acres, and 5.41 (Parcel 3) acres at 850 S. Sepulveda Boulevard in the Heavy Manufacturing (M -2) zone. 2. The site is developed with various buildings for manufacturing and office use, vessels, tanks, and buildings for storage use. One railroad right -of -way traverses the site and another one borders the north side of the property. 3. The General Plan Land Use Designation for the site is Heavy Industrial. 4. The surrounding land uses to the west are heavy industrial, to the south (in the City of Manhattan Beach) are commercial land uses, to the east is open space, and to the north is heavy manufacturing. NOW, THEREFORE, BE IT RESOLVED that after considering the above facts of Environmental Assessment EA -302, Subdivision 93 -1, and Tentative Parcel Map No. 17911, the Planning Commission £rods as follows: ENVIRONMENTAL ASSESSMENT 1 The proposed project is exempt from the requirements of the California Environmental Quality Act pursuant to Section 15315, Class 15, as a minor land division. 2 That when considering the whole record, there is no evidence that the project will have the potential for an adverse effect on wildlife resources or the habitat on which the wildlife depends. That the Planning Commission thereby authorizes the Director of Planning and Building Safety to file with the appropriate agencies a Certificate of Fee Exemption and de minims finding pursuant to AB 3158 and the California Code of Regulations. Within ten (10) days of this approval, the applicant shall submit to the City of El Segundo a fee of $25 00 required by the County of Los Angeles for the filing of this certificate along with the required Notice of Determination. As approved for in AB 3158, the statutory requirements of CEQA will not be met and no vesting shall occur until this condition is met and the required notices and fees are filed with the County. 1. The proposed land division to create three (3) parcels is consistent with the requirements s' 104 of the Heavy Manufacturing (M -2) zone except for Parcel 2 which shows a structure located within the required east side setback. This structure will be removed from the setback. 2 The proposed subdivision is not in compliance with Chapter 20.54 of ESMC for parking requirements, but with the addition of the parking as condition No.1 requires, the parking will be in conformance with the zoning code. 1 The design of the subdivision improvements adequately provides for public services and is not likely to cause any public health or safety problems. GENERAL PLAN 1 The project is consistent with the General Plan Land Use designation of Heavy Industrial which allows heavy manufacturing uses with a maximum Floor Area Ratio of 0.6. NOW, THEREFORE BE IT RESOLVED that the Planning Commission hereby approves Environmental Assessment EA -302, Subdivision 93 -1, and Tentative Parcel Map No. 17911 subject to the following conditions: 1 Within thirty (30) days of this Approval, the applicant shall either provide an additional twenty four (24) parking spaces for Parcel 1, a total of twenty six (26) parking spaces for Parcel 2, and a total of twenty (20) parking spaces for Parcel 3 or record ,joint use parking covenants for each parcel prior to the recordation of the Final Map. 2. Prior to recordation of the Final Map, a forty (40) foot wide joint access easement between Parcel 2 and Parcel 3 shall be recorded. 3. The applicant shall record any necessary street dedications for the widening of Sepulveda Boulevard and Rosecrans Avenue right turn lane prior to the recording of the Final Map. The exact right -of -way requirements and street dedication requirements shall be coordinated and approved by both the Public Works Department and CalTrans. 4. Prior to recordation of the Final Map, the vessels on Parcel 2 located in the side setback and the proposed access easement shall be removed or relocated to provide a fifteen (15) foot setback from the east property line and a clear access easement. BE IT FURTHER RESOLVED, that according to the El Segundo Municipal Code, within ten days following the adoption of this resolution, the Secretary of the Planning Commission shall mail a copy of this resolution to the applicant at the address shown on the application and to any other person requesting a copy of same. The decision of the Planning Commission as set forth in this resolution shall become final and effective ten (10) calendar days after the date of notification to the applicant unless within such ten calendar day period an appeal in writing is filed with the City Council. PASSED, APPROVED AND ADOPTED this 24th day of JUNE, 1993. 9 � edje, Secretary EhzaV4th Kennedy, Chauw of/the Planning Coainmmon of thLvPlanning CommissioiIJ of the City of El Segundo, of the City of El Segundo, California California VOTES: Kennedy - YES Davis - YES Crowley - YES Davis - YES Gordon - YES EA302 RES 2 „• 105 A W J d W ;n \ \ V w R/ HUGHES C i / Q LIED SIGNAL P.M 17911 / ME PROPERTY DEDICATED FOR SEPULVEDA BLVD. WIDENING PROJECT 106 EL SEGUNDO CITY COUNCIL MEETING DATE: October 3, 1995 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Award of contract for the Concrete Cross Gutter for Washington Street at Palm Avenue, Specifications No. PW 95 -8 (contract amount $12,490.50). RECOMMENDED COUNCIL ACTION: Award contract to the lowest responsible bidder, DJ Construction Company, in the amount of $12,490.50. Authorize the Mayor to execute the Standard Public Works contract. BRIEF SUMMARY: On August 15, 1995, the City Council adopted plans and specifications and authorized Staff to advertise the project to construct a concrete cross gutter across Washington Street at Palm Avenue. On September 19, 1995 the City Clerk received and opened the following bids: DJ Construction $12,490.50 Hi Tech Pro Construction Company $13,297.00 Damon Construction Company $14,614.90 Hank Williams Concrete $14,737.00 Zaich Construction Inc. $15,114.00 Excel Paving Company $15,803.00 Camino Irvine Company $18,927.50 Engineer's Estimate $11,500.00 Staff recommends award of contract to the lowest responsible bidder, DJ Construction, which has satisfactorily completed similar projects in the City. The apparent low bid is slightly over the Engineer's Estimate, however is within the amount budgeted for the project. Gasoline Tax Funds for the project are budgeted in the adopted 1995 -96 Capital Improvement Program. ATTACHED SUPPORTING DOCUMENTS: Location 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 $12,490.50 $14,000.00 514,000.00 Date: 9/6/95 106 -400- 8203 -8377 Award of Construction Contract Yes No XX 107 U Q z r a LI 1 41 A l+ FACIA L AVE WALNUT r f / `^ SYCAMORE v' MAPLE �� �000�o �aoo �o OAK 1 31 u n IPROJECT PM �I loll I 11 so I RE n C C J L 1•= N a rY rY W_ (n r fn a H f O J r--� r--" r---I r---n LOCATION T120FI[AV mAw EEEE DEFAvE]j �- N N rAVE O I I r a J ELSEY PL BLVD. L--i2 7 EL SEGUNDO N O N N N N N N N u-) 13 [18 3 z a o � -� Q W r ca r a a W 2 m 0 -N- I SCALE N.T.S. r a z 0 a a > z z O W o v a W J 3 y N z x O z_ = N N z - - a < z -N- I SCALE N.T.S. r EL SEGUNDO CITY COUNCIL MEETING DATE: October 3, 1995 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Modifications to Sanitation Pumping Plant No. 7, Specifications No. PW 93 -18 (contract amount $179,979.00). RECOMMENDED COUNCIL ACTION: 1. Award contract to the lowest responsible bidder, Sechrist & Kelly Construction Company, in the amount of $179,979.00. 2. Authorize the Mayor to execute the Standard Public works Contract. BRIEF SUMMARY: The City Council on June 20, 1995, adopted plans and specifications for the Modifications to Sanitation Pumping Plant No. 7 and authorized Staff to advertise the project for construction bids. On July 25, 1995, the City Clerk received two (2) bids. The apparent low bidder was determined to be non - responsive and the City Council on August 15, 1995 rejected both bids and authorized Staff to re- advertise the project. On September 19, 1995, the City Clerk received and opened the following bids: 1. Sechrist & Kelly Construction Company $179,979.00 2. ARA Engineering Contractor 189,860.00 3. R.C.Foster Corporation 195,293.00 4. Miramontes Construction Company, Inc. 273,700.00 Engineer's Estimate $150,000.00 The Engineer's estimate was based on a recently awarded contract for Modifications to Sanitation Pumping Plant No. 8. Discussions with the bidders indicated that the cost of rehabilitating Pump Station No. 7 is higher than anticipated for typical pump stations due to the large volume of sewage pumped by this station that needs to be bypassed during the construction operations. The low bid is within the amount budgeted in the adopted 1995 -96 Capital Improvement Program. Staff recommends that the City proceed with the proposed modifications. Staff recommends award of the construction contract to Sechrist & Kelly Construction Company, in the amount of $179,979.00. Staff has verified the low bidder's references and has received favorable responses regarding projects recently completed by the low bidder. The total project cost including inspection costs and contingencies is estimated to be $195,000.00. ATTACHED SUPPORTING DOCUMENTS: Vicinity map. FISCAL IMPACT: (Check one) Operating Budget: _ Capital Improvement Budget: XX Amount Requested: S195,000.00 Project /Account Budget: S423,000.00 Project /Account Balance: S247,000.00 Date: 5/9/95 Account Number: 301 -400- 8204 -8309 Project Phase: Contract Award Appropriation Required: Yes No XX 109 T z P 1 V W s "7 �i NLANCNE 116 ELOUNNCY ON AVIA?I" Np =r�0 wpwVpO •pp p Zli v.l Vpplp_ ipp w.. W�ww�ppNWp lie O rC Us i oTN A. JAN 01100 q �eo CITY Of HAWTHORNE iV n p A i V H V {i iCeW MppeppiA�Z •eooe .ep piWf ■WWiMi 9 A O � n_ m I n IN LAUNEL AVC PACIFIC WE MAPLE Awl A rALr AVC -1 MINEETTIA NI -C WALNUT MME IINC AYE O 1 T ELM ME CNN FIVE � SEPULVEDA IS ANGELS COUNTY x N a ti ti Z m T A AVIA?I" Np =r�0 wpwVpO •pp p Zli v.l Vpplp_ ipp w.. W�ww�ppNWp lie O rC Us i oTN A. JAN 01100 q �eo CITY Of HAWTHORNE iV n p A i V H V {i iCeW MppeppiA�Z •eooe .ep piWf ■WWiMi 9 A O � n_ m I n IN 110 r ELVD 1 f � .r LOS ANGELS COUNTY N S� rr M� K1 p 110 EL SEGUNDO CITY COUNCIL MEETING DATE: October 3, 1995 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Award of contract for the Sanitary Sewer Manhole Lining. Specifications No. PW 95 -6 (contract amount $67,800.00). RECOMMENDED COUNCIL ACTION: Award contract to the lowest responsible bidder, National Plant Services, Inc. in the amount of $67,800.00. 2. Authorize the Mayor to execute the standard Public Works contract. BRIEF SUMMARY: On August 1, 1995, the City Council adopted plans and specifications and authorized Staff to advertise the Sanitary Sewer Manhole Lining Project. The project consists of the rehabilitation of brick manholes in the general area west of Hillcrest Street, in the vicinity of E1 Segundo High School and along the southside of Imperial Highway. On September 12, 1995, the City Clerk received and opened the following bids: National Plant Services, Inc. $75,032.00 Sancon Engineering, Inc. $89,240.00 Engineer's Estimate = $68,000.00 Only two (2) bids were received due to the limited number of qualified contractors that perform this type of specialized work. The low bid is slightly greater than the Engineer's Estimate. Discussions with the apparent low bidder indicates that the difference is due primarily to traffic control costs along Imperial Highway. The project specifications originally called for the lining of fifty -six (56) manholes. Staff is recommending that the project be implemented with the deletion of five (5) manholes which will result in a contract amount of $67,800.00. These five (5) manholes will be included in the next fiscal year's annual program. The low bidder has agreed to execute a contract for the remaining fifty -one (51) manholes at the bid unit price. Staff recommends award of contract to the lowest responsible bidder, National Plant Services, Inc., in the amount of $67,800.00. Including inspection costs and contingencies, the project is estimated to cost $70,000.00. Staff has verified and received favorable responses from previous work references of the low bidder. 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 $70.000.00 S70.000.00 S70.000.00 Date: 9/1/95 301 - 400 - 8204 -8390 Award of Contract Yes No XX lr �C)GG4�1� s� TC rv�.NCGti ��`b /J 1 Eduard Schro er. Director of Public Works VIE D BY: p Date: PWC0N467.NEW 111 3� P , Az �) BROW ? -�— r mo n SI 1 o OA /' �3d sot SS West City rBoundory --� YUCCA STS 1 1 HILLCREST ST LOMA VISTA ST. J WHITING ST. VIRGINIA ST. CONCORD ST RICHMOND ST MAIN ST. STANDARD ST. A — EUCALYPTUS DR. W ARENA ST. SHELDON ST. PENN ST. SIERRA ST. LOMITA ST MARYLAND ST. BUNGALOW OR CENTER ST. NEVADA ST. OREGON ST. CALIFORNIA ST. KANSAS ST. WASHINGTON ST. ILLINOIS ST INDIANA ST W fill, 11 m 1 Lill 4 I 11m WINE m ■ —quill IL IM E. ■�� 0 1,1 N CT 1 c; 7 1 1 1 ' 1 � n H a r m 0 c 1 � O 1 � 1 —_1 q v' S T I;Is U) m� m D M _ O >m = N Om r* ;N mm C Zm iii m go M O� Mm co C11 IC) 4 112 EL SEGUNDO CITY COUNCIL MEETING DATE: October 3, 1995 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Approval of Amendment No 2 to a Lease Agreement between the City and Project One -Fifty to allow required parking for an expansion of a restaurant (Thai Dishes) at 150 S Sepulveda Boulevard to be located on the City owned lot currently leased to Project One -Fifty for parking, with a term concurrent to the original ten year Lease Agreement RECOMMENDED COUNCIL ACTION: Authorize the Mayor to execute Lease Amendment No 2 INTRODUCTION AND BACKGROUND: The proposed Lease Amendment No 2 is a mechanism to ensure compliance with the parking requirements of the El Segundo Municipal Code The required off -site parking will be on the City owned lot currently leased to the owners of the retail center in which a restaurant, Thai Dishes, wishes to expand The Planning Division recommends approval of the attached Lease Amendment No 2 as the appropriate means of allowing the expansion of the business while protecting the City's flexibility in the future use of the lot DISCUSSION: On September 20, 1994, the City entered into a Lease Agreement with Project One -Fifty to lease the vacant triangular lot on the southeast corner of Sepulveda Boulevard and El Segundo Boulevard for a term of ten (10) years The Lease Agreement was subsequently amended on January 17, 1995 (Lease Amendment No 1) to extend the term of the Lease by four (4) months The Lease Agreement allows the construction of a parking lot for overflow parking for the commercial center at 150 S Sepulveda Boulevard, which has been operating with a parking demand that has far surpassed the required 24 on -site parking spaces for its retail and restaurant tenants The new 48 space parking lot is currently under construction The proposed Lease Amendment No 2 to the Lease Agreement is required because the proposed expansion of the Thai Dishes restaurant would increase the total required parking for the center by eleven (11) parking spaces, since restaurants require more parlang than the retail use that previously occupied the space The total required parking for the center would no longer be met by the 24 on -site parlang spaces Thus, the additional 11 required spaces must be located off -site While the purpose of the original Lease Agreement was to allow for the extra parking demand for the center, it was intended for surplus parking, not required parking Without Lease Amendment No 2, there would be no protection for the City to ensure that when the Lease Agreement expires for the parking lot that Thai Dishes would lose their required parking and would have to find another location for their required parking or cease operations in the area of the expansion ATTACHED SUPPORTING DOCUMENTS: 1 Copy of Lease Amendment No 2 prepared by the City Attorney's office 2 Copy of Lease Amendment No 1, dated January 17, 1995 3 Copy of original Lease Agreement, dated September 20, 1994 FISCAL IMPACT: (Check one) Operating Budget: Capital Improv. Budget: Amount Requested: None Project/Account Budget: Project/Account Balance: Date: Account Number: Project Phase: Appropriation Required - Yes_ No_ YN__ James W Mornson, City Mar I- a-7 -`7S 10 -3 -95b ais 0 -TV-4 RECORDED REQUESTED BY: City Attorney City of-El Segundo 350 Main Street E1 Segundo, CA 90245 WHEN RECORDED MAIL TO: City Attorney City of E1 Segundo 350 Main Street E1 Secrundo, CA 90245 AMENlN= TO LEASE A � (NO. 2) This LEASE AMENDMENT ( "AMENDMENT No. 211), is made and entered into this day of , 1995 by and between the CITY OF EL SEG1]ND(7,__a municipa c—T orporation, ( "Lessor ") and PROJECT ONE - FIFTY, a California general partnership ( "Lessee "), with respect to that certain LEASE AGREEMENT, entered into by and between the Lessor and Lessee, dated September 20, 1994, recorded with the Los Angeles County Recorder's Office as document No. 94- 2014838 ( "Lease "), and AMENDMENT TO LEASE AGREEMENT, dated January 17, 1995, ( "Amendment ") . WHEREAS, THAI DISHES, one of Lessee's tenants at 150 S. Sepulveda Boulevard, El Segundo, seeks to expand its restaurant operations thereby necessitating additional parking pursuant to the El Segundo Municipal Code; and WHEREAS, there is insufficient on -site parking to meet the additional parking requirements generated by the expansion of THAI DISHES; and WHEREAS, the "Leased Property" (as this term is used in the Lease) , was intended to provide off -site parking for the commercial center in which THAI DISHES is located. NOW THEREFORE, acknowledging the valuable consideration and the mutual promises given by the parties hereto, the parties agree to amend the Agreement and Amendment thereto by adding paragraph 20 to the Agreement, as follows: 1120. Parking Spaces Allotted for Thai Dishes. The Lessee shall allocate eleven (11) parking stalls of the Leased Property for use by Thai Dishes. These parking stalls shall be allocated to Thai Dishes until the expiration of the Lease term or until the use of Thai Dishes' premises as a restaurant ceases for a period of 90 days, whichever is earlier. This provision is not intended to make Jo n \AgYeamen \B t «2 114 Thai Dishes a party to, or a third -party beneficiary of, the Lease. This provision is simply a mechanism for allocating parking stalls of the Leased Premises for purposes of ensuring compliance with the parking requirements of the E1 Segundo Municipal Code.,, IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 2 on the day and year first above written. ATTEST: City er �M_ DXY0 )1_zv CITY OF EL SEGUNDO, a municipal corporation By: yor LESSEE: PROJECT' ONE - FIFTY, a California general partnership By: Partner By: Partner APPROVED AS TO FORM: —Uit7 Ja n \ABreertBn \Brent N2 115 f ZCF- 3 CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT State Of CALIFORNIA County of LOS ANGELES On Dale personally appeared before me, , Nerve and The of Oft., (e g 'Jane Doe Notary Publldl Namefe) a Signer(s) ❑ 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 same in his/her /their authorized capacity(les), 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 Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document Amendment to Lease Agreement (No. 2 ) Document Date Number of Pages -2- Signer(s) Other Than Named Above 2 Partners of Project one -FT fty Capacity(ies) Claimed by Signer(s) Signer's Name ■ Individual Corporate Officer Title(s) Partner — ❑ Limited ❑ General Attorney -in -Fact Trustee Guardian or Conservator OtherA municipal Corp. signed by: Signer Is Representing The City of E1 Segundo, a municipal corporation - Lessor RIGHT FINT OF S SIGNERIGNER Signer's Name El Individual Corporate Officer Title(s) Partner — ❑ Limited Attorney -in -Fact ❑ General ❑ Trustee ❑ Guardian or Conservator ❑ Other Signer Is Representing ® 1994 National Notary Assoc a ion • 8236 Remmet Ave PO Box 7184 • Canoga Perk CA 91309 7166 RIGHT THUMBPRINT OF SIGNER Prod No 5907 Reorder Call Toll Free 1 800 876 6827 t-1 13 P)- --T-13 - RECORDING REQUESTED BY CITY ATTORNEY When recorded mail to: CITY ATTORNEY City of E1 Segundo 350 Main Street E1 Segundo, California 90245 (310) 607 -2200 FAX (310) 322 -7137 F ,J AMENDMENT TO LEASE AGREEMENT THIS AMENDMENT TO LEASE AGREEMENT is made and entered into this 17th day of January , 1995, by and between the CITY OF EL SEGUNDO, a municipal corporation (hereinafter referred to as "LESSOR "), and PROJECT ONE - FIFTY, a California general partnership, (hereinafter referred to as "LESSEE ") WHEREAS, Lessor and Lessee entered into a Lease Agreement dated September 20, 1994, recorded in the Official Records of Los Angeles County, California, #94- 2014838, which Lease Agreement the parties desire to change as to the term thereof NOW, THEREFORE, the parties hereto agree that paragraph 2 of Lease Agreement is amended as follows TERM. The term of the Lease Agreement shall be for a period of ten (10) years, commencing on February 1, 1995 and ending on January 31, 2005. Notwithstanding the foregoing, the lease shall terminate and be of no further force and effect upon Lessee selling the North Village Shopping Center to a third party All other terms and conditions of the Lease Agreement dated September 20, 1994 shall remain in full force and effect IN WITNESS WHEREOF, the parties hereto have executed this Amendment to Lease Agreement the day and year first above written ATTE�T,_�_, �i � �X evl -,�/ City/Cfierk (seal) CITY OF EL SEGUNDO By; V 4- Mayor PROJECT ONE -FIFTY A California general partnership 35 APPROVED AS TO FORM c-^ � City Atldrney 0] AOA N 1AQ1"MR\&Wt -T6nd Ot100M 117 'FZ ,7 - Is RECORDING REQUESTED BY CITY ATTORNEY E EPAST 3 'S OFFICE ES COUNTY ORNIA A.M. NOW 7 PE r oyes /ory�c,Y LEASE AGREEMENT c �i J_ - THIS LEASE AGREEMENT is made and entered into this 20thday of September , 1994, by and between the CITY OF EL SEGUNDO, a municipal corporation (hereinafter referred to as "LESSOR'), and PROJECT ONE - FIFTY, a California general partnership, (hereinafter referred to as "LESSEE'). WHEREAS, Lessor is the owner of certain real property, legally described below, located on the southeast comer of Sepulveda Boulevard and El Segundo Boulevard, in the City of Ell Segundo, State of California; and WHEREAS, Lessee is the owner of the shopping center commonly known as the North Village Shopping Center, 150 South Sepulveda Boulevard, situated adjacent to Lessors property; and WHEREAS, Lessee is desirous of leasing Lessors property for the purposes of expanding the parking availability for the shopping center. THEREFORE, in consideration of the rental payments set forth beloW and the mutual promises made by the parties hereto, it is agreed as follows: WITNESSETH: 1 Premises. Lessor does hereby lease to Lessee and Lessee does hereby hire and take from Lessor certain unimproved property located in the City of El Segundo, County of Los Angeles, State of California, consisting of approximately forty one thousand three hundred forty square feet (41,340), as shown on Parcel Map No. 17749, recorded in Book 207, Page 58, in the office of the County Recorder of the Courdy_pf Los Angeles, State of California, (hereinafter referred to as the "Leased Property"), and legally described on Exhibit "A," attached hereto and made a part hereof. 2. Tenn. The term of this Lease shall be for a period of ten (10) years, commencing on October 1, 1994 and ending on September 30, 2004. Notwithstanding the foregoing, the lease shall terminate and be of no further force and effect upon Lessee selling the North Village Shopping Center to a third party. 3. Rent Lessee shall pay as rent for said Leased Property, for the tern of this Lease, the base rent of Twelve Thousand Dollars ($12,000) per year, payable in twelve (12) equal installments of One Thousand Dollars ($1,000) ead, on the first day of eaM calendar month, at the offices of Lessor. On October 1 each year commencing October 1, 1995, the original annual rent of $12,000 shall be adjusted by the percentage increase, if any, of the Consumer Price Index as shall be reflected in the most recent report of consumer prices for the Los Angeles/Long Beach Standard Metropolitan Statistical Area ("CPI') over the CPI for September 1994. The rent shall not be decreased by any decrease in the CPI Failure on the part cf the Lessee to pay any.payment within three (3) days following written notice to Lessee that the payment was not received when due shall at the election of the Lessor constitute a complete default of the entire amounts due and payable and shall terminate the lease and the tenanny created, and upon the election being so exercised oy the Lessor by a written notice sent to the Lessee, this lease shall be considered null and void, in default; and it shall be conclusively presumed that possession has been returned to the Lessor, and said ION -� rcACT JOANVip.",. """a "w 1 Mn3W 23C� pp C17,OF- CO ��F! Lessor then shall have the right and privilege to go upon the property without interference from the Lessee. 4. Use. The Leased Property shall be used only for motor vehicle parking. Lessee shall not cause any buildings, structures or signs, except for signs related to parking, to be placed on the Leased Property. 5. Improvements and Modifications. Lessee shall fill, grade and pave those portions of said Leased Property as Lessee shall deem reasonably necessary from time to time in order to provide sufficient parking for its tenants and shall otherwise improve such portions of the Leased Property as Lessee shall deem reasonably necessary by constructing surface parking, and providing landscaping to shield the westerly boundary of the Leased Property from Sepulveda Boulevard, at the sole expense of Lessee, and in accordance with specifications to be approved by the Lessor's Director of Planning and Budding Safety, which approval shall not be unreasonably withheld and shall be rendered on a timely basis. 6. Signs. Lessor retains the right to place a sign on the north side of the Leased Property, or in any other location, as long as it does not interfere with parking. Lessee shall not place any signs on the Leased Property, except a sign identifying the Leased Property as a parking lot for the North Village Shopping Center. 7. Maintenance and Payment of Utilities. Lessee, at its expense, agrees to continuously maintain the asphalt parking surfaces, landscaping and other permitted improvements, including utility services and connections, trash, garbage and debris removal services, and any and all other related services necessary to maintain the Leased Property in good, safe, sanitary condition and repair throughout the term of this Lease Agreement, ordinary wear and tear excepted. However, notwithstanding anything to the contrary in this Lease- (a) Lessor shall maintain Lessor's sign in good and attractive condition at its sole expense, and Lessee shall have no obligation with respect thereto; and (b) Lessee shall have no obligation to maintain the subsurface of the Leased Property or to remediate or comply with laws regarding hazardous materials, except with respect to conditions created by Lessee or its agents or employees. With respect to the parking area (the "Retained Lot') located immediately south of the Leased Premises and east of the North Village Shopping Center, as shown on the Exhibit attached to this Lease: n Lessor shall maintain the Retained Lot in a neat and attractive condition and shall property fence and screen said area from view from the North; and (i) Lessor shall correct the existing runoff condition which is causing rainwater to flow from the Retained Lot unto the North Village Stropping Center and shall prevent any further water damage from being caused thereby. a. Inaress/Earess. Lessor hereby retains the right of ingress and egress over the Leased Property from the Retained Lot tying southerly of the Leased Property and easterly of the shopping center buildings. 9. Notice of Sale or Transfer of Shopping Center. Upon the sale or transfer of Lessee's ownership of the North Village Shopping Center, Lessee shall immediately notify Lessor at the address provided herein below. 10 Five Parkhm Stalls for Adioining Property Owner. As a condition precedent, Lessee agrees to make available to the adjoining property owner to the Leased Property, Ray Sherwood or his successors, five parking stalls, as selected and designated from time to time by Lessee, at an initial rate not to exceed Sic Hundred Dollars ($600) per year, per stall. Such rote shall be Increased each October 1 pursuant to the CPI as provided in Section 3 of this Lease. Losses shall provide to Lessor, a copy of the agreement with Mr. Sherwood, or a letter from Mr. Sherwood indicating that he does not desire to rent the spaces, within thirty (30) days of the exewtion of this Lease. 11. Notice of Possessory Interest Subject to Taxation. Lessee recognizes and undersbrWs that this Lease may create a possessory interest subject to property taxation and that the Lessee shad be liable for the payment of any property taxes levied an such Interest. 12. Hold HannMss. The Lessee agrees to and shall Indemnify, defend and hold the Lessor. its officers, agents, employees and representatives, harmless from any and am liability for carnage or claims for damage for personal injury including death and claims for property damage arising out of the use of the Leased Property, including, but not limited to use by Lessee's agents, employees, or other person acting on its behalf or with its permission, but excluding any ads of Lessor or their respective agents, employees or persons acting on their behalf or with their permission. If an agreement is entered into between Lessee and Ray Sherwood or his successors as provided for in paragraph 10 hereof, Ray Sherwood or his successors shall be required to hold both the Lessee and Lessor harmless from any and all liability for damage or claims for damage for personal injury including death and claims for property damage ansing out of the use of the Leased Property, including, but not limited to use by both Lessee's and Lessor's agents, employees, or other person acting on their behalf or with their permission, but excluding any acts of either Lessee, Lessor or their respective agents, employees or persons acling on their behalf or with their permission. 13. Insurance. Lessee shall procure and keep in effect during the term hereof a combined single limit policy of $1,000,000 for general and property damage liability insuring against liability arising out of use, occupancy or maintenance of the Leased Property. Lessee may self- insure any or all of the above insurance requirement. Lessee shall provide Lessor with evidence of insurance or self - insurance as herein requested. Lessee shall file with Lessor, as a condition precedent to the execution of the Lease Agreement, a certificate or certificates of protective liability insurance as herein required in which the Lessor, its officers, agents and employees, are named additionally insured under the policy. The Lessee shall also furnish evidence of a commitment by the insurer to notify Lessor by registered mail of the expiration or cancellation of the required insurance not less than thirty (30) days before the effective date of such termination. 14. Asslonment and Subletting. Lessee shall not sublet or assign the whole or any part of the Leased Property without the written consent of the Lessor being first obtained, except as outlined in this Lease Agreement to Ray Sherwood, and/or his successors. 15. Recordkw of lease. This lease shall be recorded with the County of Los Angeles Recorder's Office in the records of the Leased Property. 16. Default Failure of Lessee to perform any of its covenants, conditions or obligations under the Lease shall constitute default under the Lease after notice from Lessor and an opportunity to correct or cure such failure and permit Lessor to pursue any of its remedies under law, including but not limited to termination of the Lease. 17 Notices. Any notice hereunder shall be deemed duly served if mailed by certified mail, return receipt requested, addressed as follows: Lessor. CITY OF EL SEGUNDO Attn. City Manager 350 Main Street El Segundo, California 90245 (310) 607 -2226 FAX (310) 322 -7137 Lessee: PROJECT ONE -FIFTY c/o Anthony Brent Corporation Attn Anthony Brent 9665 Wilshire Boulevard, Suite 220 Beverly Hills, California 90212 (310) 247 -7171 FAX (310) 247 -7172 In each case, the customary certified mail return receipt shall be conduct" evWwroe Of such service. Either party may change its address to which a notice shah be Sant by Ok" written notice of such change to the other party as provided herein. 1tt. WOW The failure of either party to insist on sWd oomp/anoS VAh OW d 00 t". Covenants or conditions of this Lease Agreement by the other party d" 0101 ba dSetataa a waiver of that term, covenant or condition, nor shall any waiver or retlnquf wwd of &V dg1M or PO~ at any one time or times be deemed a waiver or relinquishment Of thtt e*d or Pw~ for a' or any other times. i nACT .r. etiw. 19 Entire Anreement. This lease contains the final and entire agreement between the parties and contains all of the terms and conditions agreed upon, and no other agreements, oral or otherwise, regarding the subject matter of this lease shall be deemed to exist or to bind the parties, it being the intent of the parties that neither shall be bound by any term, conditions, or representations not wntten here. IN WITNESS WHEREOF, the parties hereto have executed this Lease Agreement the day and year first above written. ATTEST: City (seal) APPROVED AS TO PROJECT ONE -FIFTY STATE OF CALIFORNIA SS. COUNTY OF LOS ANGELES On this 20th day of September ' 1994, before me, J. O. Abreu the undersigned Notary Public, personally appeared Carl Jacobson - the Mayor of the City of El Segundo, personally known to me to be the person who executed the within instrument on behalf of the partnership, and therein named, and acknowledged to me that the partnership executed it. WITNESS my hand and official seal. OFFICIAL SG1L EA L) O ABREU (SEAL) = NOTARY VUSUO OKIfORNA LOS ANGELES COUNTY Nf Ganm E.pr,{ Aug gi tggs STATE OF CALIFORNIA 1 SS. COUNTY OF LOS ANGELES NOTARY PUBLIC On this ,�_ day of ®her 1994, before me, .h •,Good6i,ys the undersigned Notary Public, personally appeared ,7��- �. r►liyy and A.vfiSo v��0 if ,Partners of Protect One -Fifty, personally or otherwise known t0 rte to be the persons who executed the within instrument on behalf of the partnership, and therein named, and acknowledged to me that the partnership executed It (SEAL) WITNESS my hand and official seal. NOTARY PUBLIC 23 121 07l OF --T-U— - q% VWe4t. SEC II I _ I I r ry 7 io h I In I I I 1 I 1 I r r I .f 1 , I , 1 r I I r , ( I ( I 1 I 1 I 1 r ' 11 I ,J 1 .I I _ BWD_ H r I ' I r, II II III a f i 'Olt I I � r � I r r r i r I I I r i 1 r 1 ' 1 1 ; r I L L 1 r v �N Z � N S H N W a r' N �r s ev- NNE 1 122 EXHIBIT "A "Ito Project One -Fifty ase Agreament\ 9/20/9\ �' L Y m c Y 0 Y C m 0 7 Y O c Y m rn m U C m O w O a O t .r c e ro >'• Y Y Z 7 Y V Z to m z 3 t Y z w 0 4 Cm 0 m U C • N C7 m w w o w o u 0 oz 0 w • N o z m W a N M a it F P Y 6 m m of E to e ° m c + m u = m c m Y O Y ✓ Y m C Y O C M ,0 a m tp Y m a n N N M m M C ♦ O O • m W O O m C Y r•f OI t m O A • N O � r • m lip. �/LJ 'A0 R` t 122 EXHIBIT "A "Ito Project One -Fifty ase Agreament\ 9/20/9\ �' L TO THE EL SEGUNDO CITY COUNCIL MEETING DATE: October 3, 1995 AGENDA ITEM'STATEMENT AGENDA HEADING: CONSENT Agenda Description: Agreement for Professional Services Finance Department Consultant, Susan Merrill, C P A Recorn mended Council Action: Approve Agreement relating to the administration of the City's Finance Department Brief Summary: Upon the departure of the City's Finance Director, Consultant, Susan Mernll, C P A, was hired effective September 11, 1995, to administer the City's Finance Department on an interim basis The term of the attached contract expires January 31, 1996, but may be extended Conversely, the contract may be terminated with 30 days notice, by either party Attached Supporting Documents And Who Prepared Them Agreement, City Attorney Originator. Mark D Hensley, Assistant City Attorney Date 09/26195 by Julia O Abreu, Legal /Council Assistant Reviewed by: Jake Nielson, Acting City Manager Date 09/27/95 Amon Taken: ]oa n \council \agenda 103 ' 123 Tffis AGREEmm, made and entered into this day of , 1995, between the CITY OF EL SEGUIDO, a municipal corpora 'ion ( "City ") and Susan B. Merrill, C.P.A. (Consultant "). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. SCOPE OF SERVICES. Consultant agrees to perform the following services: Consultant shall administer City's Finance Department, consistent with the rules, regulations and policies of the City, oversee City's financial activities, and provide advice and reports to City officials during the term of the agreement. Consultant's general duties include: (1) Oversee all accounting, auditing and related financial activities and systems of City. (2) Insure budgetary control over payment of bills, invoic- es, payroll, purchase orders and other claims. (3) Oversee the proper collection of taxes, assessments, fees and other revenues. (4) Develop, review and monitor estimates of expenditures and revenues. (5) Coordinate and supervise the work of Finance Department employees and facilitate teamwork within the depart- ment. (6) Provide advice, consultation and overview to the City Manager as Consultant deems necessary in relation to staffing levels, staff assignments and organization structure of the department. Consultant represents and warrants that she has the qualifica- tions, experience and facilities to properly perform said servic- es in a thorough, competent and professional manner and shall, at all times during the term of this Agreement, have in full force and effect, all licenses required of her by law. Consultant began her services under this Agreement on September 11, 1995. 2. STATUS OF CONSULTANT. Consultant is and shall at all times remain as to the City a wholly independent contractor. Neither City nor any of its officers, employees or agents shall have control over the conduct of Consultant. Consultant shall not at any time or in any manner represent that she is an officer, employee or agent of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatev- er against City, or bind City in any manner, except as necessary to carry out her duties relating to the administration of the 1 12 4' City's Finance Department. Consultant shall not disseminate any information or reports gathered or created pursuant to this Agreement without the prior written approval of City except information or reports required by government agencies to enable Consultant to perform her duties under this Agreement. 3. CONSLTf fP_Z1 1 S KNUILFTX:E OF APPLTMT;T.F TANS. Consultant shall keep herself informed of applicable local, state and federal laws and regulations which may in any way affect the performance of her services pursuant to this Agreement. Consul- tant shall observe and comply with all such laws and regulations. City and its officers and employees, shall not be liable at law or in equity as a result of any failure of Consultant to comply with this section. consultant 4. COMPENSATION AND M=OD OF PAYMMr. Compensation to the be as follows: a. Services: For performance of all of Consultant's services as herein required, City shall pay a fixed fee not to exceed $30,000, in total, submitted and payable as follows: September 30, 1995 $4,000 October 20, 1995 $4,000 November 17, 1995 $4,000 December 29, 1995 $6,000 January 26, 1996 $4,000 b. Materials Reimbursement Arrangement: For out of pocket expenses incurred by Consultant in the performance of services herein required, City shall pay Consultant at the rates or amounts set forth below: Travel from Consultant's place of business in Visalia to El Segundo, not to exceed $150 per week for either airfare- related costs or mileage on Consultant's own vehicle (at $0.25 per mile). Other actual identifiable direct costs, including ling in the E1 Segundo area, in an amount not to exceed $500 per week. If the City disputes any of Consultant's fees and costs, it shall give written notice to Consultant in 30 days of receipt of a invoice of any disputed fees set forth on the invoice. 5. ADDITIONAL SERVICES OF CONSULTANT. Consultant shall not be compensated for any services rendered in connection with her performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. 2 It"i 6. FACTLTTIES AND RR_COMS. City agrees to provide: suitably equipped and furnished office space, public counter, telephone, and use of copy" equipment and necessary office supplies for Consultant's while on- site,at the City. 7. =MnmTION OF RF. A�EM. This Agreement may e renewed, but will terminate on nia 31. ? 96 ,nl 4 o h rwis Pxt?nded. This Agreement may be terminated with or without cause by either party upon 30 days written notice. In the event of such termination, Consultant shall be compensated for non- disput- ed fees and costs under the terms of this Agreement up to the date of termination. 8. COOPERATION BY CITY. All public information, data, reports, records, and maps as are existing and available to City as public records, and which are necessary for carrying out the work as outlined in the Scope of Services, shall be furnished to Consultant in every reasonable way to facilitate, without undue delay, the work to be performed under this Agreement. 9. OWNERSHIP OF DOC[ . Upon satisfactory completion of, or in the event of termination, suspension or abandonment of, this Agreement, all original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall, become the sole property of City. with respect to computer files, Consultant shall, upon reasonable written request by the City and /or upon termination of this agreement, transfer all computer files /data onto to a software program designated by the City. (a) All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization excepting that information which is a public record and subject to disclosure pursuant to the cal ; fo,,„ a Public R nryis Act, Government Code § 6250, et sear Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to y project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. If Consultant voluntarily provides information in violation of this Agreement, City has the right to reimbursement and indemnity from Consultant for any damages caused by Consultant's conduct, including the City's attorney's fees. 12� Consultant shall promptly notify City should Consultant be served with any swans, complaint, subpoena, notice of deposi- tion, request for documents, interrogatories, request for admiss- ions or other discovery request, court order or subpoena from any party regarding this Agreement and the Work performed thereunder. City retains the right, but has no obligation, to represent Consultant and /or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. (b) Consultant covenants that she does not have any inter- est in, or shall she acquire any interest, directly or indirectly which will conflict in any manner or degree with the performance of their services hereunder. 11. DEPATTTT. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. 99NEVVIDTOVII Pwl 01,1 (a) Consultant represents she is skilled in the profession- al calling necessary to perform the services and duties agreed to hereunder by Consultant, and City relies upon the skills and knowledge of Consultant. (b) Consultant is an independent contractor and shall have no authority to bind City nor to create or incur any obligation on behalf of or liability against City, whether by contract or otherwise, unless such authority is eexxppressly conferred under this agreement or is otherwise expressly conferred in writing by City. City, its elected and appointed officials, officers, agents, employees and designated volunteers (individually and collectively, "Indemnitees ") shall have no liability to Consul- tant or to any other person for, and Consultant shall indemnify, defend, protect and hold harmless the Indemnitees from and against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses of whatever nature, including reasonable attorneys' fees and disbursements (collectively "Claims "), which the Indemnitees may suffer or incur or to which the Indemnitees may became subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of p erty, economic loss or otherwise occurring as a result of the negligent or willful acts or omissions of Consultant, its agents, subcontractors, officers, directors or employees, in performing any of the services under this agreement. wx=�. 4 127 The insurance required to be maintained by Consultant under paragraph 13 shall ensure Consultant's obligations under this paragraph 12(b), but the limits of such insurance shall not limit the liability of Consultant hereunder. 'The provisions of this paragraph 12(b) shall survive the expiration or earlier termina- tion of this agreement. The Consultant's indemnification does not extend to Claims occurring solely as a result of the City's negligent or willful acts or omissions. 13. INSURANCE RRMTREMM. Consultant shall provide and maintain Business Automobile Liability Insurance with the follow- ing coverages: bodily injury - $500,000 each person and 1,000,000 aggregate for each accident; and property damage - $100,000 for each accident. Consultant's insurance coverage shall be primary insurance as respect to City, its officers, officials, employees and volunteers. Any insurance or self insurance maintained by City, its officers, officials, employees or volunteers shall apply in excess of, and not contribute with, Consultant's insur- ance. Consultant shall furnish to the City certificates of insurance evidencing the above insurance requirements. 14. This Agreement is the complete, final, entire and exclusive expression of the Agreement between the parties hereto and supersedes any and all other agreements, either oral or in writing, between the parties with respect to the subject matter herein. Each party to this Agreement acknowl- edges that no representations by any party which are not embodied herein and that no other agreement, statement, or promise not contained in this Agreement shall be valid and binding. 15. GOVERNING LAW. The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agree- ment. Any litigation concerning this Agreement shall take place in the Los Angeles County Superior Court. 16. ASSIaZ= OR SUBSTITUTION. City has an interest in the qualifications of and capability of the persons and entities who will fulfill the duties and obligations imposed upon Consul- tant by this Agreement. In recognition of that interest, neither any complete nor partial assignment of this Agreement may be made by Consultant nor changed, substituted for, deleted, or added to without the prior written consent of City. Any attempted assign- ment or substitution shall be ineffective, null, and void, and constitute a material breach of this Agreement entitling City to any and all remedies at law or in equity, including summary termination of this Agreement. 17. MODIFICATION OF AGREE,,=. The terms of this Agreement can only be modified in writing approved by the City Council and the Consultant. The parties agree that this requirement for 11 128 written modifications cannot be waived and any attempted waiver shall be Void. 18. TTr)j`?P'F'S. 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: AAttteention: City Manager City of E1 Segundo 350 Main Street E1 Segundo, California 90245 Consn i l t ant Susan B Merrill, C.P.A. P.O. Box 4543 30007 Road 158 Visalia, California 93292 The notices shall be deemed to have been given as of the date of personal service, or three (3) days after the date of deposit of the same in the custody of the United States Postal Service. 19. GEvERARTT.TTY. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of the other provisions of this Agreement. aiVnNESS MU3=F, the parties hereto have caused this Agreement to be executed the day and year first above written. Susan B. Merrill, C.P.A. Susan B. Merrill, . . . *Vw4us Gi Title ATY=: City Clerk APPROVED AS TO FORM MY... orney 0 129 i icdman Michael D Robbins, City of El Segundo v,lr 310- 322 -4314 12119/26/95 0,4 38 PM X2/2 c MICHAEL D. ROBBINS, Councilman September 26, 1995 Chief Jake Nielson Acting City Manager, City of El Segundo 350 Main Street El Segundo, CA 90245 (310) 607 -2226 (voice), (310) 322 -7137 (fax) Dear Ch-of MalsoR, Jake The following are agenda items for the 7.00 PM open session City Council Meeting on Tuesday, October 3,1995' .. (1) Status report on, and discussion and possible action relating to the alleged public nuisance at 542 Whiting St. (2) Discussion and possible action relating to the School Board's eviction of the Girl Scouts from the Madsen house and related School Board violations of the 3 75 million dollar Restated Joint Use Agreement, and of the $400,000 agreement for the City's use of the Madsen house and other Richmond Street School property (3) Discussion and possible action relating to re- establishing the citizens' General Plan Advisory Committee to review the General Plan and produce a report of recommended changes including but not limited to the identification and correction of any internal inconsistencies. (4) Discussion and possible action relating to zoning code requirements for service stations adjacent to or near residential zones Michael D. Robbins Councilman, City of El Segundo ATTACHMENTS. Pour council reports. 350 Main Street, El Segundo, California 90245 -0989 Phone (310) 322 -4314 FAX(310)322-43`14 Page 1 of 1 130 3103224314 :.-until man Michael 0 Robbins, City of El Segundo, vilr 310 - 322 -4314 W9126/95 05 03 PM D3/6 Council Report for 1013/95 Councilman Robbins' New Business Item #1 At the September 19, 1995 City Council meeting, Mrs Loretta Frye and her terminally ill husband Mr, Ramiro Alcala reported an alleged public nuisance at the neighboring property at 542 Whiting St that was preventing them from sleeping and that was adversely affecting their state of health The City Council discussed the matter as an urgency item that arose after the posting of the agenda, and directed the City Manager and City Attorney to use all legal means possible to resolve this matter At approximately 5 25 AM on Saturday, September 23, 1995, Councilman Robbins received a telephone call from Mrs Frye indicating that another nuisance occurence had just taken place and that the El Segundo Police had been called Shortly thereafter, Councilman Robbins arrived at Mrs Frye's residence and observed three police cars on scene Councilman Robbins was informed by Mrs Frye and her husband that a visitor to the neighboring residence at 542 Whiting St had created a loud disturbance at the front door of 542 Whiting and then proceeded to urinate from the porch of 542 Whiting in the direction of Mrs Frye's residence and within plain view of Mrs Frye and her husband who were observing from their bedroom window a short distance away Councilman Robbins observed evidence that seemed to be consistent with that report Councilwoman Friedkin arrived on scene at approximately 6 00 AM, also in response to a telephone call from Mrs Frye Hear status report, and Discussion and possible action Page 1 of 1 131 3103224314 Cour,cdman Michael D Robbins City of El Segundo, v, It 310 - 322 -4314 (W9126195 (D 5 04 PM 6416 Council Report for '10)"5 Councilman Robbins' New Business Item #2 The Girl Scouts have used the Madsen House at the Richmond Street School property as their official scouting house and permanent meeting place since at least 1971. A plaque mounted on the wall inside the Madsen House has an engraved inscription that reads as follows ESTHER O MADSEN OCTOBER 5, 1913 - JULY 22, 1970 THE MADSEN HOUSE WAS DEDICATED ON JANUARY 17, 1971 IN HONOR OF ESTHER MADSEN AS A PERMANENT REMEMBERANCE OF HER LEADERSHIP, IDEALS, ENTHUSIASM AND LOVE FOR GIRL SCOUTING. The El Seegundo Unified School District sent an eviction notice to the Girl Scouts in violation of the 3 75 million dollar Restated Joint Use Agreement and the $400,000 agreement for the City to use the Madsen House and other property at the Richmond Street School site At the September 19, 1995 City Council meeting, the City Manager and City Attorney were directed to draft and send a letter to the El Segundo School Board asserting the City's rights to use of the Madsen House under the aforementioned two agreements between the City and the School District Recommendation: Hear status report, and Discussion and possible action Page 1 of 1 132 11 Y CO D,t+ =0 SEGUt1 ■99wai " a,O.r.ft rftw tr.M.+oa AbWA9 n. i1oadsti b6b% 19~4 SV^ CNONAWN JAW N dM1 cf * www 0&7h .. tr be o Cam J. F,, aoa. I sawpumbleft M-W ik" NM r► RN aoat#604 ftmwjb� a.b.. P�m A"C YAWN Ar FA4 arc 9, sprw William N. Manahan, Ed.D.' Superintendent of Schools El Segundo Unified School Dishict 641 Sheldon Street El Segundo, California 90245 The City of El Segundo hereby demands that, pursuant to the Joint Use AgreErnent entered into between the City of El Segundo and the El Segundo Unified School District, the School District immediately restore to the Girl Scouts the exclusive use of the Madsen House. The City considers the School District's actions respecting this matter to be a material breach of the Joint Use Agreement. Unless the Girl Scoie rights are restored immediately, the City will take appropriate action. MH:joa wla . 350 Maim S&OK B Seg rf^ Cafffwda 902450989 Rwm (310) 607 -2200 FAX (310) 322 -7137 133 3103224314 Councilman Michael D Robbins, City of El Segundo, v,11`310-322-4314 1&9126/95 (D5 05 PM D516 Council Report for 10AW5 Councilman Robbins' New Business Item #3 At the November 5, 1991 El Segundo City Council Meeting, held on the evening of the City Council election, the City Council voted to disband the citizen's General Plan Advisory Committee before Its work on the General Plan was finished As a result, Important community- driven recommendations for the General Plan were Ignored and the resulting General Plan was lacking In some areas and contained Internal Inconsistencies which need to be corrected Discussion and possible action, Including re- establishment of the citizens' General Plan Advisory Committee to review the General Plan and produce a report of recommended changes Including but not limited to the Identification and correction of any Internal inconsistencies Page Iof1 134 3103224314 �:cuncaman Michael D Robbins, City of El Segundo, v,? 310- 322 -4314 IL9126195 05 06 PM D616 Council Report for 10AWS Councilman Robbins' New Business Item #4 The El Segundo zoning code allows service stations adjacent to residential zones A service station is defined in the zoning code to include businesses that typically generate levels of noise that are not compatible with residential land uses One example of such a business is an auto body repair shop Although a Conditional Use Permit (CUP) may be required, there is a lack of definition as to how close to residential property a service station that generates loud noises may be located A more precise definition could assist commercial property owners in better planning their development projects and could save developers money $commendation: Discussion and possible action relating to zoning code requirements for service stations adjacent to or near residential zones Page 1 of 1 "" 135