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1998 OCT 06 CC PACKET - 2
EL SEGUNDO CITY COUNCIL MEETING DATE: October 6, 1998 AGENDA ITEM STATEMENT AGENDA HEADING. Consent Calendar AGENDA DESCRIPTION, Examination plans for designated Personnel Merit System lob classifications RECOMMENDED COUNCIL ACTION Approve the Examination Plans Approve the Police Department's request to expand the Police Officer Trainee (academy graduate) recruiting base from the top 10% to the top 25% of the graduating class INTRODUCTION AND BACKGROUND. Chapter 2 28 080 of the El Segundo Municipal Code, entitled "Administration and Personnel ", provides that the Personnel Officer shall review and recommend to the City Manager, who in turn shall recommend to the City Council, an appropriate examination plan and weights for each portion of the examination for Personnel Merit System job classifications DISCUSSION: -REFER TO ATTACHMENT- ATTACHED SUPPORTING DOCUMENTS- FISCAL IMPACT (Check one) Operating Budget Capital Improv Budget- Amount Requested Project/Account Budget- Project/Account Balance: Date Account Number. Project Phase. Appropriation Required - Yes_ No_ ORIGINATED Date September 17, 1998 Bob Hyland, Director of Human Reso ces /Risk Management REVIEWED BY Date: ACTION T agenda 297 al rrtn3 12 DISCUSSION The Human Resources Department has initiated the recruitment, testing and selection processes for the lob classifications of Accountant, Multi -Media Specialist, Police Officer Trainee, and Records and Communications Manager and has posted the notices of the examinations in accordance with the City's Municipal Code and the City's Personnel Rules and Regulations In reviewing its current specialized recruiting efforts for Police Officer Trainees, Police Department management has identified a need to increase the potential recruiting base of top academy graduates Currently, academy graduates in the top 10% of their class are eligible to request reimbursement from the City of up to $2000 of academy training- related expenses The Police Department is requesting Council approval to increase the potential recruiting base by allowing the top 25% of the graduating class to be eligible for the reimbursement of expenses It is recommended that the City Council approve the examination plans that contain the following examination techniques and weights for each portion of the examinations Accountant (Open- competitive) Written Test - writing skills exercise Weighted 40% Structured Oral Board Weighted 60% Multi -Media Specialist (Open- competitive) Technical Oral Board - technical skills assessment Weighted 100% Police Officer Trainee (Continuous Application Filing and Testing process) Written Test - standardized written test Pass /Fail - Qualifying Only Physical Agility Test Pass /Fail - Qualifying Only Structured Oral Board Weighted 100% Police Officer Trainee (Academy Graduate - Top 10 Percentile) Written Test - standardized written test Pass/Fad - Qualifying Only Physical Agility Test Pass/Fail - Qualifying Only Structured Oral Board Weighted 100% Records and Communications Manager (Open - competitive) Structured Oral Board Weighted 100% EL SEGUNDO CITY COUNCIL MEETING DATE: October 6, 1998 AGENDA ITEM STATEMENT AGENDA HEADING- Consent Calendar AGENDA DESCRIPTION Proposed revisions to the class specification for the job classification of Community Cable Production Assistant RECOMMENDED COUNCIL ACTION: Approve the proposed class specification INTRODUCTION AND BACKGROUND. Since the adoption of the original class specification for this position in September 1995, additional duties and responsibilities have been added to the position, as reflected in the attached class specification, in order to increase the level of quality Community Cable service to the residents of El Segundo The revised class specification has been reviewed by the City Employee's Association, the bargaining unit representing this job classification DISCUSSION- The proposed revisions to the Community Cable Production Assistant class specification are intended to more accurately delineate the actual duties and responsibilities of this position classification The additional duties and responsibilities reflected by the proposed revisions to the class specification provide the basis for the higher salary range for the position as approved in the FY 98/99 Operating Budget ATTACHED SUPPORTING DOCUMENTS Job classification FISCAL IMPACT: (Check one) Operating Budget: Capital Improv. Budget: Amount Requested: ProjectAccount Budget: Project/Account Balance: Date: Account Number- Project Phase: Appropriation Required - Yes_ No- 03 GI� rlRisk Date: S eptember 17, 1998 Bob�Hyland, Director of Human Resourc Management BY* TAKEN agenda 298 COO,? n01nS // 12- a 9 �- or2,13 CITY OF EL SEGUNDO COMMUNITY CABLE PRODUCTION ASSISTANT DEFINITION Date Adopted Under general supervision, plans and organizes live, taped and remote productions, and provides supervision of the use of the video production van, provides technical staff assistance in the use of computer programs, assists with and coordinates department publications and presentations, performs a variety of specialized, technical tasks in pre -to -post video production, assists in overseeing the work of community producers, volunteers, and high school students in the completion of various video protects, including City Council and Planning Commission meetings, maintains positive public relations with the El Segundo community, and performs related duties as required CLASS CHARACTERISTICS The incumbent in this single position classification is supervised by and receives direction from the Community Cable Program Supervisor This position is non - supervisory, but may oversee the work of others within the scope of cable operations The Community Cable Production Assistant is responsible for assisting in the supervision, participation, and activities of the Recreation and Parks Department's Community Cable Division operations This position differs from the position of Community Cable Program Supervisor by the limited degree of duties and responsibilities in the subordinate, non - supervisory responsibilities in the day -to- day operations of the Community Cable Division EXAMPLES OF DUTIES Duties may include, but are not limited to, the following 1 Performs pre -to -post video production duties as needed, including producing, directing, camera operation, editing, and occasional talent roles 2 Produces local feature segments for the monthly magazine show, El Segundo Magazine, and assists other staff and volunteers in the production of their segments 3 Produces full - length programs, Public Service Announcements (PSA's) and promotional material as necessary for the City's cable channel 4 Assists the Community Cable Program Supervisor in the instruction of high school video classes and community video workshops 5 Updates the computer generated Community Bulletin Board as needed 6 Oversees office and playback operation in the Community Cable Program Supervisor's absence 7 Assists in conducting community surveys and needs assessments, gathers data and information and assists in the preparation of required reports and other written material S May assist in training, scheduling and assigning the work of production staff 9 May assign the work of production staff in the absence of the Community Cable Program Supervisor 00106 COMMUNITY CABLE PRODUCTION ASSISTANT Page 2 UALIFICATIONS GUIDELINES Education and /or Experience. Any combination of education and /or experience providing the knowledge, skills, and abilities necessary for satisfactory job performance Example combinations include possession of, or currently working toward, a Bachelor of Arts Degree in Communications or related field, including an emphasis in television, and one (1) year paid experience in the video production field Additional relevant working experience may be substituted for the Bachelor of Arts Degree on a year - per -year basis Knowledge. Skills. and Abilities: Working knowledge of basic video production theory and practices, three quarter inch production equipment, Commodore Amiga computers and associated software programs, including PowerPoint for presentations Skill in performing a wide variety of pre -to post video production duties Ability to work quickly and independently, establish and maintain cooperative working relationships, communicate effectively, orally and in writing, consistently meet established deadlines, assist in overseeing the work of community producers, volunteers and high school students, establish and maintain cooperative working relationships with the community, coworkers, elected officials, and supervisors Special Requirements and Certifications: Work is performed in a video production studio setting and in the Feld as necessary The Community Cable Production Assistant works in close proximity to various electrical and mechanical hazards Exposure to various environmental conditions may occur while on field production shoots Flexible work schedule, irregular work assignments, work on holidays and evenings may be required The Community Cable Production Assistant may be required to work on an on -call basis Physical requirements may include walking, climbing, bending, twisting, repetitive hand and arm motions, kneeling, sitting, crouching, reaching above head, medium to heavy lifting, operating various electrical and video equipment, driving and operating a motor vehicle Possession of, or the ability to obtain, a Class C California driver's license and a satisfactory driving record 0 01G7 EL SEGUNDO CITY COUNCIL MEETING DATE: October 6, 1998 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION- Acceptance of the sanitary sewer manhole lining - project no PW 97 -24 (final contract amount = $55,000 00) RECOMMENDED COUNCIL ACTION: 1 Accept the work as complete 2 Authorize the City Clerk to file the City Engineer's Notice of Completion in the County Recorder's Office INTRODUCTION AND BACKGROUND: The City Council on March 17, 1998, awarded a contact for $55,000 00 to Sancon Engineering II, Inc , for the lining of sanitary sewer manholes The project consisted of rehabilitation of brick manholes by Installation of a structural polymer lining over the intenor surface The portion of the City in which lining is installed is the area west of Whiting Street from Grand Avenue to Imperial Avenue DISCUSSION: The work has now been satisfactorily completed The final contract amount is $55,000 00 Staff recommends City Council acceptance of the work ATTACHED SUPPORTING DOCUMENTS: 1 Notice of Completion 2 Area map FISCAL IMPACT- Operating Budget: Capital Improvement Budget- Amount Requested: Project/Account Budget: Project/Account Balance. Account Number: Project Phase: Appropriation Required: $70,00000 $70,00000 $68,00000 Date: 301 - 400 - 8204 -8390 Award of contract 00108 N \C0UNCIL \PW -0CT06 01 (Monday 9/28/98 3 00 PM) 14 Recording Requested by and When Recorded Mail To: City Clerk, City Hall 350 Main Street El Segundo, CA 90245 NOTICE OF COMPLETION OF CONSTRUCTION PROJECT Project Name Sanitary Sewer Manhole Lining Project No PW 97 -24 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, CA, 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 8/26/98 The work done was Sanitary sewer manhole lining 6 On 10/6 /98, 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 Sancon Engineering II, Inc 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 9 The street address of said property is Various locations Dated Bellur K Devaraj City Engineer 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 1998 at El Segundo, California Bellur K Devaraj City Engineer N \NOTICE'STW97 -24 NOC (9/8198) 00109 p r {777 {Nt {O1 1�� 7N41014101tN JO 1117 I4Nn07 } Y y,\y 00710 Ntt 3 Y W - u s w Y V • W O l Y- t 2 \ 2 7 :7A uu 0 a• AtlIIO T we,.Naii•IN Y• lb ■11d V 'f.. SIIM :w mom iM 1N~ :SS 1"~,f :% wm.ti A i A 1 e r r Y V • W O l Y- t 2 \ 2 7 :7A uu 0 a• AtlIIO T we,.Naii•IN Y• lb ■11d V 'f.. SIIM :w mom iM 1N~ :SS 1"~,f :% wm.ti A i A 1 e r EL SEGUNDO CITY COUNCIL MEETING DATE: October 6, 1998 AGENDA ITEM STATEMENT AGENDA HEADING. Consent Agenda AGENDA DESCRIPTION: License Agreement No DACA 09- 3 -97 -14 between the U S Department of the Air Force and the City of El Segundo for construction, operation and maintenance of two (2) bus stop shelters on the U S Air Force Base property (fiscal impact expenditure of $500 00 of Proposition A funds) RECOMMENDED COUNCIL ACTION: Approve license agreement and authorize the Mayor to sign the agreement on behalf of the City Allocate $500 00 from unallocated Proposition "A" revenues for payment of the license fee INTRODUCTION AND BACKGROUND: In 1987, the City of El Segundo, by means of a contract with Gannett Outdoor Company, Installed two (2) bus stop shelters on the southslde of El Segundo Boulevard, east of Aviation Boulevard, abutting the U S Air Force Base property Although the majority of the shelter occupies the El Segundo Boulevard public right -of -way, each bus stop Includes an area 14' long by 1 T wide on the Air Force Base property The Air Force granted a five (5) year license agreement In 1987 to the City to encroach on their property to Install the bus stop shelters This agreement was extended In 1992 with an expiration date of April 1, 1997 DISCUSSION: The Par Force has notified the City that a five (5) year extension to the previous agreement has to be executed for the City to continue operation of the two (2) bus stop shelters The proposed agreement will be valid until March 31, 2003 and requires a license fee of $500 00 to cover the Air Force's administrative costs The City Attorney has reviewed and approved the agreement as to form Staff is recommending City Council approval of the agreement and requests City Council authorization to utilize $500 00 of unallocated Proposition "A" revenues to pay the license fee ATTACHED SUPPORTING DOCUMENTS: Proposed License Agreement Vicinity map FISCAL IMPACT: $500 00 administrative fee to be paid to the U S Department of the Air Force Operating Budget: Capital Improvement Budget. Amount Requested: Project/Account Budget: Project/Account Balance: Account Number: Project Phase: Appropriation Required Date: 00111 N \COUNCIL\PW- OCT0602 (Monday 9/28/98300 PM) 15 DEPARTMENT OF THE AIR FORCE LICENSE LOS ANGELES AIR FORCE BASE LOS ANGELES COUNTY, CALIFORNIA NO. DACA09- 3 -97 -14 THE SECRETARY OF THE AIR FORCE, hereinafter referred to as the Secretary, under authority of Title 10, United States Code, Section 2668 hereby grants to the CITY OF EL SEGUNDO, a Municipal corporation hereinafter referred to as the grantee, a license to operation and maintain two bus shelters, at two (2) separate locations for Rapid Transit Commuters, over, across, in and upon lands of the United States, as identified in Exhibit "A, attached hereto and made a part hereof, hereinafter referred to as the premises. THIS LICENSE is granted subject to the following conditions. t0:4,N This license is granted for a term of five (5) years, beginning April 1, 1997 and ending March 31, 2003, but revocable at will by the Secretary. 2. CONSIDERATION a. The grantee shall pay in advance to the United States the amount of FIVE HUNDRED AND NO 1100 DOLLARS ($500.00), to cover administrative cost. Pay to the order of the Finance and Accounting Officer, Los Angeles District, and delivered to the Commander, U.S. Army Corps of Engineers, Los Angeles District, ATTN: Real Estate Division, Post Office Box 532711, Los Angeles, California 90053 -2325. b. All consideration and other payments due under the terms of this license must be paid on or before the date they are due in order to avoid the mandatory sanctions imposed by the Debt Collection Act of 1982, (31 U.S.C. Section 3717) . This statute requires the imposition of an interest charge for the late payment of debts owed to the United States; an administrative charge to cover the costs of processing and handling delinquent debts; and the assessment of an additional penalty charge on any portion of a debt that is more than 90 days past due. NOTICES All notices and correspondence to be given pursuant to this license shall be addressed, if to the grantee, to City of E1 Segundo, Public Works Department, Engineering Division, 350 Main Street, E1 Segundo, California 90245; and if to the United States, to the District Engineer, Attention: Chief, Real Estate Division, Post Office Box 532711, Los Angeles, California 90053 -2711, or as 00112 may from time to time otherwise be directed by the parties. Notice shall be deemed to have been duly given if and when enclosed in a properly sealed envelope addressed as aforesaid, and deposited, postage prepaid, in a post office regularly maintained by the United States Postal Service. 4. AUTHORIZED REPRESENTATIVES Except as otherwise specifically provided, any reference herein to "Secretary ", "District Engineer ", "Installation Commander ", or "said officer" shall include their duly authorized representatives. Any reference to "grantee" shall include any duly authorized representatives. 5. SUPERVISION BY THE INSTALLATION COMMANDER The use and occupation of the premises shall be subject to the general supervision and approval of the Installation Commander, at Los Angeles Air Force Base, hereinafter referred to as said officer, and to such rules and regulations as may be prescribed from time to time by said officer. 6. APPLICABLE LAWS AND REGULATIONS The grantee shall comply with all applicable Federal, state, county and municipal laws, ordinances and regulations wherein the premises are located. 7. CONDITIONAL USE BY GRANTEE The exercise of the privileges herein granted shall be: a. without cost or expense to the United States; b. subject to the right of the United States to improve, use or maintain the premises. c. subject to other outgrants of the United States on the premises. d. personal to the grantee, and this license, or any interest therein, may not be transferred or assigned. 8. CONDITION OF PREMISES The grantee acknowledges that it has inspected the premises, knows its condition, and understands that the same is granted without any representations or warranties whatsoever and without any obligation on the part of the United States. 9. COST OF UTILITIES The grantee shall pay the cost, as determined by the officer having immediate supervision over the premises,of producing and /or 00113 supplying any utilities and other services furnished by the Government or through Government -owned facilities for the use of the grantee, including the grantee's proportionate share of the cost of operation and maintenance of the Government -owned facilities by which such utilities or services are produced or supplied. The Government shall be under no obligation to furnish utilities or services. Payment shall be made in the manner prescribed by the officer having such jurisdiction. 10. PROTECTION OF PROPERTY The grantee shall keep the premises in good order and in a clean, safe condition by and at the expense of the grantee. The grantee shall be responsible for any damage that may be caused to property of the United States by the activities of the grantee under this license, and shall exercise due diligence in the protection of all property located on the premises against fire or damage from any and all other causes. Any property of the United States damaged or destroyed by the grantee incident to the exercise of the privileges herein granted shall be promptly repaired or replaced by the grantee to a condition satisfactory to said officer, or at the election of said officer, reimbursement made therefor by the grantee in an amount necessary to restore or replace the property to a condition satisfactory to said officer. 11. INDEMNITY The United States shall not be responsible for damages to property or injuries to persons which may arise from or be incident to the exercise of the privileges herein granted, or for damages to the property of the grantee, or for damages to the property or injuries to the person of the grantee's officers, agents, or employees or others who may be on the premises at their invitation or the invitation of any one of them, and the grantee shall hold the United States harmless from any and all such claims not including damages due to the fault or negligence of the United States or its contractors. 12. RESTORATION On or before the expiration of this license or its termination by the grantee, the grantee shall vacate the premises, remove the property of the grantee, and restore the premises to a condition satisfactory to said officer. If, however, this license is revoked, the grantee shall vacate the premises, remove said property and restore the premises to the aforesaid condition within such time as the Installation Commander may designate. In either event, if the grantee shall fail or neglect to remove said property and restore the premises, then, at the option of said officer, the property shall either become the property of the United States without compensation therefor, or said officer may cause the property to be removed and no claim for damages against the United States or its officers or agents shall be created by or made on account of such removal and restoration work. The grantee shall 00114 also pay the United States on demand any sum which may be expended by the United States after the expiration, revocation, or termination of this license in restoring the premises. 13. NON- DISCRIMINATION The grantee shall not discriminate against any person or persons or exclude them from participation in the grantee's operations, programs or activities because of race, color, religion, sex, age, handicap or national origin in the conduct of operations on the premises. The grantee will comply with the Americans with Disabilities Act and attendant Americans with Disabilities Act Accessibility Guidelines (ADAAG) published by the Architectural and Transportation Barriers Compliance Board. 14. TERMINATION This license may be terminated by the grantee at any time by giving the Installation Commander at least ten (10) days notice in writing provided that no refund by the United States of any consideration previously paid shall be made and provided further, that in the event that said notice is not given at least ten (10) days prior to the rental due date, the grantee shall be required to pay the consideration for the period shown in the Condition on CONSIDERATION. 15. ENVIRONMENTAL PROTECTION a. within the limits of their respective legal powers, the parties to this license shall protect the premises against pollution of its air, ground and water. The grantee shall comply with any laws, regulations, conditions, or instructions affecting the activity hereby authorized if and when issued by the Environmental Protection Agency, or any Federal, state, interstate or local governmental agency having jurisdiction to abate or prevent pollution. The disposal of any toxic or hazardous materials within the premises is specifically prohibited. Such regulations, conditions, or instructions in effect or prescribed by said Environmental Protection Agency, or any Federal, state, interstate or local governmental agency are hereby made a condition of this license. The grantee shall not discharge waste or effluent from the premises in such a manner that the discharge will contaminate streams or other bodies of water or otherwise become a public nuisance. b. The grantee will use all reasonable means available to protect the environment and natural resources, and where damage nonetheless occurs from the grantee's activities, the grantee shall be liable to restore the damaged resources. C. The grantee must obtain approval in writing from said officer before any pesticides or herbicides are applied to the premises. 00115 i 16. HISTORIC PRESERVATION The grantee shall not remove or disturb, or cause or permit to be removed or disturbed, any historical, archeological, architectural or other cultural artifacts, relics, remains or objects of antiquity. In the event such items are discovered on the premises, the grantee shall immediately notify said officer and protect the site and the material from further disturbance until said officer gives clearance to proceed. 17. This license is effective only insofar as the rights of the United States in the premises are concerned; and the grantee shall obtain any permit or license which may be require by Federal, state, or local statute in connection with the use of the premises. It is understood that the granting of this license does not preclude the necessity of obtaining a Department of the Army permit for activities which involve the discharge of dredge or fill material or the placement of fixed structures in the waters of the United States, pursuant to the provisions of Section 10 of the Rivers and Harbors Act of 3 March 1899 (33 USC 403), and Section 404 of the Clean Waters Act (33 USC 1344). THIS LICENSE is not subject to Title 10, United States Code, Section 2662, as amended. IN WITNESS WHEREOF, I have hereunto set my hand by authority of the Secretary of the Air Force, this Z-7 day of Mq , 1998. By IETER BA E Colonel, USAF Commander, 61 ABG THIS LICENSE is also executed by the grantee this day of , 1998. CITY OF EL SEGUNDO BY: TITLE: APPROVED AS TO FORM w-s Zia C ATT6164EY 00116 , C J W J m 0 0 =o u: N` J W fr1liya'r� tip 1 14r_ I i -^t9 �1 i- � _•trio • -S [ � l 2 rYl � l ltt li[ � �[�• is I l �� • ? e- TIO E �- , . I �k$ , i use ax i1A 'tl eyq. H r r \ S -- ONVA3lnos 00117 qFt ��••S f i y I NOIIVIAV b1 3' CA J ►' a � N c Ll H --Al dM� ,k3ino W Q � QAI9 7 0 J Cl 15 rio lJ-V In`f 0 U N M Si 31v �ai� 1VtlJJ "y\ r7o \m t- 00118 4 'fb N N m LL O Z O 4 0 U N M Si 31v �ai� 1VtlJJ "y\ r7o \m t- 00118 4 'fb EL SEGUNDO CITY COUNCIL MEETING DATE: October 6, 1998 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: A resolution of the City Council of the City of El Segundo, California, approving the transfer of Franchise Ordinance 1255 to Equilon California Pipeline Company LLC from Shell Pipe Line Corporation RECOMMENDED COUNCIL ACTION: Adopt resolution INTRODUCTION AND BACKGROUND: On June 4, 1996, the City Council adopted Ordinance No 1255 granting to Shell Pipe Line Corporation (Shell) a ten (10) year franchise for Shell to operate and maintain a pipeline system consisting of a pipe 6" in diameter and a pipe 8" in diameter for transporting petroleum products This franchise will expire on April 20, 2006 DISCUSSION: Shell has notified the City that the particular pipelines permitted by the City Ordinance have been transferred to Equilon California Pipeline Company LLC (Equilon) in conjunction with a joint venture between Texaco and Shell Shell has requested that the City approve the transfer of Ordinance 1255 from the name of Shell to Equilon There are no other changes to the City Ordinance or the franchise agreement The CdyAttorney has reviewed and recommends approval of Shell's request and has prepared the attached resolution for adoption by the City Council ATTACHED SUPPORTING DOCUMENTS: 1 Resolution for adoption 2 City Ordinance No 1255 3 Location map FISCAL IMPACT: Operating Budget: Capital Improvement Budget: Amount Requested: Project/Account Budget: Project/Account Balance: Account Number: Project Phase: Appropnation Required: Date: 00119 N \COUNCIL\PW- OCT0603 (Monday 9/28/98300 PM) 16 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, APPROVING THE TRANSFER OF FRANCHISE ORDINANCE NO 1255 TO EQUILON CALIFORNIA PIPELINE COMPANY LLC FROM SHELL PIPE LINE CORPORATION WHEREAS, the City of El Segundo has entered into a non - exclusive Franchise Agreement with Shell Pipe Line Corporation pursuant to Ordinance No 1255 to lay and use pipelines consisting of a single lute of pipe six inches (6 ") in diameter and a single line of pipe eight inches (8 ") in internal diameter for the transportation of petroleum products in, under, along, and across the public streets in the City of El Segundo, and WHEREAS, the pipelines operated under Ordinance No 1255 and the Franchise Agreement, are in the process of being transferred to Equilon California Pipeline Company LLC, as a result of a merger between Texaco and Shell Oil Company, and WHEREAS, according to Section 17 -C of the Franchise Agreement, the City shall not unreasonably withhold its consent to a Franchise transfer, and WHEREAS, according to Section 17 -A of the Franchise Agreement, the grantee shall not transfer ownership without the prior consent of the City expressed by resolution NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, DOES HEREBY RESOLVE AS OLLOWS SECTION 1 The City Council of the City of El Segundo, California, approves the transfer and assignment of the Franchise Agreement, Ordinance No 1255, to Equilon California Pipeline Company, subject to all terms and conditions of the original agreement RESOLUTION NO APPROVING FRANCHISE TRANSFER FROM SHELL 00120 TO EQUILONCAL CALIFORNIA C A PIPEL NECO PAGE NO 1 PASSED AND APPROVED this 6'h day of October, 1998 MIKE GORDON, MAYOR ATTEST STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I, Cindy Mortesen, City Clerk of the City of El Segundo, California, do hereby certify that the whole number of members of the City Council of said City is five, that the foregoing Resolution No was duly passed and adopted by said City Council, approved and signed by the Mayor of said City, and attested to by the City Clerk of said City, all at a regular meeting of said Council held on the 6th day of October, 1998, and the same was so passed and adopted by the following vote AYES NOES ABSENT ABSTAIN CINDY MORTESEN, CITY CLERK APPROVED AS TO FORM MAR D HENSLEY, CITY ATTORN RESOLUTION NO 00 1 C2 0 1 APPROVING FRANCHISE TRANSFER 11 FROM SHELL PIPE LINE CORP TO EQUILON CALIFORNIA PIPELINE CO PAGE NO 2 ORDINANCE NO. 1255 AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALIFORNIA, GRANTING TO SHELL PIPE LINE CORPORATION A FRANCHISE FOR A PERIOD NOT TO EXCEED TEN (10) YEARS TO OPERATE AND MAINTAIN TWO (2) PIPELINE SYSTEMS CONSISTING OF A SINGLE LINE OF PIPE SIX (6) INCHES AND A SINGLE LINE OF PIPE EIGHT (8) INCHES IN INTERNAL DIAMETER FOR THE PURPOSE OF TRANSPORTING PETROLEUM PRODUCTS WITHIN SAID CITY. WHEREAS, SHELL PIPE LINE CORPORATION ( "Shell "), filed an application with the City of E1 Segundo, California for a franchise to operate and maintain two (2) pipelines for the transportation of petroleum products; and WHEREAS, the City Council by Resolution No. 3967, adopted on the 2nd day of April 1996, declared its intention to grant said pipeline franchise to Shell and did set May 21, 1996 as the date of the public hearing thereon; and WHEREAS, the City Clerk did publish a notice of the Public Hearing as directed by the City Council; and WHEREAS, on the 21st day of May 1996, said Public Hearing was held and it was determined by the City Council to grant said pipeline franchise to Shell. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL SEGUNDO CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. The City hereby grants a non - exclusive Franchise to Shell to operate and maintain a single line of pipe of six (6) and single line of pipe eight (8) inches internal diameter for the transportation of petroleum products by means of executing the Franchise Agreement ( "Agreement" - Exhibit A). SECTION 2. The Mayor is hereby authorized to execute this ordinance, the Agreement and the attendant Grant of Subsurface Easement (Exhibit B) on behalf of the City. SECTION 3. The Franchise granted by this ordinance becomes effective after a duly authorized representative of Shell executes the agreement and delivers it to the City Clerk. Page 1 of 2 PWMAY -n ORD (Fnday 5/3 /% goo an� 00122 SECTION 4. Upon Shell's delivery of the duly executed agreement to the City Clerk, the City Clerk shall cause the Grant of Subsurface Easement to be recorded in the Los Angeles County Recorder's office. SECTION 5. This ordinance shall become effective at midnight on the thirtieth (30) day from and after the final passage and adoption hereof. SECTION 6. The City Clerk shall certify to the passage and adoption of this ordinance; shall cause the same to be entered in the book of original ordinances of said City; shall make a note of the passage and adoption thereof in the records of the meeting at which the same is passed and adopted; and shall within 15 days after the passage or adoption thereof cause the same to be published or posted in accordance with the law. PASSED, APPROVED AND ADOPTED this 4th ATTESTED: Cin)1yr ortotq n C' y Cler (Seal) APPROVED AS TO FORM: City Attorney Page 2 of 2 day of June 1996. Sandra Jacobs ayor of the City o 1 Segundo, California PWMAY -21 ORD (Fnday 5/3/96 400" 00 12 3 4 -J 5 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I, Cindy Mortesen, City Clerk of the City of El Segundo, California, DO HEREBY CERTIFY that the whole number of members of the City Council of the said City is five, that the foregoing ordinance, being ORDINANCE NO. 1255 is a full, true correct original of ORDINANCE NO. 1255 of the said City of El Segundo, California, entitled AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALIFORNIA, GRANTING TO SHELL PIPE LINE CORPORATION A FRANCHISE FOR A PERIOD NOT TO EXCEED TEN (10) YEARS TO OPERATE AND MAINTAIN TWO (2) PIPELINE SYSTEMS CONSISTING OF A SINGLE LINE OF PIPE SIX (6) INCHES AND A SINGLE LINE OF PIPE EIGHT (8) INCHES IN INTERNAL DIAMETER FOR THE PURPOSE OF TRANSPORTING PETROLEUM PRODUCTS WITHIN SAID CITY. which was duly passed and adopted by the said City Council, approved and signed by the Mayor of said City, and attested by the City Clerk of said City, all at a regular meeting of the said Council held on the 4TH DAY OF JUNE , 1996, and the same was so passed and adopted by the following vote* AYES Mayor Jacobs, Councilwoman Friedkin and Councilman Gordon NOES None ABSENT Mayor ProTem Wernick and Councilman Weston ABSTAINED None I do hereby further certify that pursuant to the provisions of Section 36933 of the Government Code of the State of California, that the foregoing ORDINANCE NO. 1255, was posted and /or published in the manner prescribed by law � (Jjc CINDY T �N City Jerk of the City of El Segundo, California (SEAL) 00124 1 If 5 �X2 139850 5 PIPELINE FRANCHISE AGREEMENT (COMMON CARRIER PIPELINES) This Agreement is made and entered into by and between the CITY OF EL SEGUNDO, California, a general law city ( "City ") and SHELL CALIFORNIA PIPELINE COMPANY, a California corporation ( "Grantee "), this 4th day of June 1996. WITNESSETH The parties hereto agree as follows: SECTION 1. NATURE OF FRANCHISE. City hereby grants a non- exclusive Franchise ( "this Franchise ") to Grantee for the term of ten (10) years from and after April 20, 1996 to lay and use pipelines not to exceed eight (8) inches in nominal internal diameter for transportation of oil, or products thereof, ( "the products ") in, under, along and across the public streets, highways and alleys (collectively "the Streets ") in City, particularly described in Exhibit "A" attached hereto and incorporated herein by this reference. Grantee shall provide a minimum of thirty (30) days prior written notice to the City Fire Department of any changes to the type and nature of the oil, or products thereof, to be transported in the pipelines under this Franchise Agreement. This Franchise is hereby granted to Grantee and its lawful successors and assigns subject to the terms hereof. This Franchise shall include the right, for the period and subject to such terms, to maintain, operate, repair and renew the pipeline system of Grantee already laid out and constructed in the Streets as previously authorized. SECTION 2. APPURTENANCES. Grantee shall have the right, subject to prior approval of the City Engineer, to construct and maintain such traps, manholes, conduits, valves, appliances, attachments and appurtenances (collectively "appurtenances ") as may be necessary or convenient for proper maintenance and operation of 00125 EXHIBIT " A " 1 L55 the pipelines. Appurtenances shall be kept flush with the surface of the Streets and located so as to conform to any requirement of the City Engineer in regard thereto and not to interfere with the use of the Streets. Grantee shall have the right, subject to such ordinances, rules or regulations as are now or may hereafter be enacted or in force, to make all necessary excavations in the Streets for construction and repair of the pipelines and appurtenances (collectively hereinafter "the Facilities ") subject to prior approval of the City Engineer and acquisition by Grantee of all necessary City permits. The City Engineer may impose reasonable conditions on the excavation work. SECTION 3. LOCATION OF THE FACILITIES. So far as is practicable, the Facilities shall be located along the edge or shoulder of the Streets or in parking areas adjacent thereto so as to not unreasonably disturb the flow of traffic, and where possible shall be laid in the unpaved portions of the Streets, if any. SECTION 4. CONSTRUCTION OF THE FACILITIES A. Terms of Construction The Facilities shall be installed, maintained and inspected by Grantee in a satisfactory, safe, and workmanlike manner, of good material, and in conformity with all ordinances, rules or regulations now or hereafter adopted or prescribed by,the City Council or state or federal authorities. The Facilities shall conform to applicable standards for pipelines imposed by the California State Fire Marshal and any other applicable regulatory authority, including but not limited to those standards under the California Pipeline Safety Act of 1981 (Government Code §51010 et seq.). The Facilities shall have cathodic protection, and a description of all protective devices shall be furnished to the City Engineer which will show the locations and types of anodes, including a description of the methods used as protection against corrosion and electrolytic leakage. The Facilities shall be constructed in such a manner that sections thereof may be closed off and isolated from the flow of product. M 139850 5 2 1 -r 00126 B. Restoration of the Streets The work of laying constructing, maintaining, operating, renewing, repairing, changing and moving any segments of the Facilities, and all other work in exercise of the rights under this Franchise, shall be conducted with the least practicable hindrance or interference to use of the Streets by the public or City, and Grantee shall provide all necessary warning, safety and traffic control devices as are or may be required by City, county, state or federal regulations. All excavations shall be back - filled and adequately compacted. The surface of the Streets shall be placed in as good and serviceable condition as existed before commencement of the work and to the satisfaction of the City Engineer. Restoration of the Streets is to be completed in accordance with plans approved by City. If Grantee fails to restore the excavation to the satisfaction of the City Engineer, City or its agents may, at City's sole discretion, restore the excavation site to the satisfaction of the City Engineer. Grantee shall pay all costs associated with such restoration of the excavation site within thirty (30) days after receipt of City's itemized bill therefor. SECTION 5. COMMENCEMENT OF CONSTRUCTION AND PLANS. Grantee, in good faith, shall commence the work of laying the Facilities within six (6) months from the Effective Date of this Franchise, and if such construction is not so commenced within such time, this Franchise may be declared forfeited; provided, however, that if Grantee is maintaining and operating an existing pipeline system in the Streets, it shall be deemed to be in compliance with the foregoing. Grantee shall not commence construction of the Facilities or add to existing facilities comprising the Facilities, if any, until it first shall have obtained City approval of construction plans and specifications and all necessary permits from City. The plans shall contain a construction schedule detailing the time period during which certain portions of the Streets will be excavated and the dates upon which the Streets AM 1398505 3 00127 1 �._�5 shall be restored to their original condition. The permit application of Grantee shall also contain the following data: the length, approximate depth and proposed location of the Facilities proposed to be laid or constructed, the size and description of the pipe intended to be used, and such other data as the City Engineer may reasonably require. Grantee shall pay any and all reasonable inspection fees of City. Upon completion of the construction Grantee shall render a statement to City showing in detail the permits issued and the total length of the Facilities constructed under such permits. SECTION 6. DOCUMENTS TO BE FURNISHED A. Maps Within ninety (90) days following the execution of this Agreement, Grantee shall file with City a map or maps, in such form as may be required by the City Engineer, showing accurately the locations and sizes of all of the Facilities currently in place, and shall, upon installation of any additional facilities or upon removal, change or abandonment of all or any portion thereof, file with City a revised map or maps showing the locations and sizes of all such additional and /or abandoned facilities as of that date. B. Documents Submitted Concurrently with the submission to any other governmental agency of any report, document or writing (including but not limited to reports of incidents and inspections, safety reports, and permit applications or documents) concerning the Facilities, Grantee shall submit true, complete and correct copies thereof to the City Director of Public Works and City Fire Chief. C. Documents Received Within two (2) weeks of receiving any report, document or other writing from any other governmental agency (including but not limited to permits, approvals, notices of violations, actions, inspection reports and incident reports) concerning the Facilities, Grantee shall submit true, correct and complete copies thereof to the City Director of Public Works and City Fire Chief. �X2 139M 5 4 1 Z5 5 00128 SECTION 7. COMPENSATION TO THE CITY A. Amount of Annual Franchise Fee As consideration for the granting of this Franchise, Grantee shall pay an annual Franchise Fee to City. The Franchise Fee shall be paid annually to City in lawful money of the United States within sixty (60) days after the end of each calendar year. Any neglect, omission or refusal of Grantee to pay the Franchise Fee or provide any information required under this Section at the time or in the manner reasonably required shall constitute grounds for declaration of a forfeiture of this Franchise and all rights hereunder. Acceptance by City of any payment of the Franchise Fee shall not be construed as a release, waiver, acquiescence or accord and satisfaction of any claim City may have for further or additional sums payable under this Franchise or for the performance of any other obligation hereunder. B. Base Rate The base rate for the Franchise Fee shall be computed as follows: The length of the Facilities expressed in feet shall be multiplied by the applicable base rate, as adjusted pursuant to subparagraph C, in accordance with the following schedule as set forth in California Public Utilities Code §6231.5: Pipe Size (internal diameter in inches) Base rate per lineal foot 0 - 4 $0.088 6 0.132 8 0.176 10 0.220 12 0.264 14 0.308 16 0.352 18 0.396 20 0.440 22 0.484 24 0.528 26 0.572 28 0.616 30 0.660 lAX2 139850 5 5 00129 i �$s For pipelines with an internal diameter not listed above, the Franchise Fee shall be in the same proportion to the above - indicated "Base rate per lineal foot" of a 12- inch - diameter pipe as the diameter of the unlisted pipe is to 12 inches. The calculation of the Franchise Fee under this Subparagraph B shall be subject to recalculation if the fee provisions of California Public Utilities Code 56231.5 are amended. C. Computation of Payments Grantee shall be subject to the Franchise Fee for each calendar year from the Effective Date of this Franchise, to and including the date of either actual removal of the Facilities or the date on which a properly approved abandonment "in place" becomes effective as authorized by City, and until Grantee shall have fully complied with all provisions of this Franchise and all other applicable provisions of law or ordinance relative to such removal or abandonment. All such payments shall be made payable to City, and shall be supported by Grantee's verified statements concerning the computation of the amounts thereof. Provided, however, that the amount of each payment of the Franchise Fee shall be revised each calendar year as follows: (1) The amount of the payment shall be adjusted at the time payment is due by multiplying the aforesaid base rate by the Consumer Price Index, All Urban Consumers for the Los Angeles- Anaheim - Riverside Area as published by the United States Department of Labor, Office of Information, for the month of September immediately preceding the month in which payment is due and payable, and dividing by the Consumer Price Index for June 30, 1989 which is declared to be 100.0. Under no circumstances shall the multiplying factor be less than one. 1X2 139850 5 6 1 x.55 00130 (2) If the United States Department of Labor, Office of Information discontinues preparation or publication of the aforesaid Consumer Price Index for such Area, and if no translation table prepared by the Department of Labor is available so as to make those statistics which are then available applicable to the Index for June 30, 1989, City shall prescribe a rate of payment which shall, in its judgment, vary from the rates specified in this Section in approximate proportion as commodity consumer prices then current vary from consumer prices current in December, 1988. on this point, the City's reasonable determination shall be final and conclusive. (3) If said Office of Information shall revise said Index, the parties hereto shall accept the method of revision or conversion recommended by said Office. C. Administrative Fee for Processing this Franchise in consideration for the granting of this Franchise, and to reimburse City for its administrative expenses in preparing and approving the documents for this Franchise, Grantee shall pay City Two Thousand, Five Hundred Dollars ($2,500.00) within thirty (30) days after the Effective Date of this Franchise. SECTION 8. EMERGENCY PREPAREDNESS A. Spill Prevention and Response Planning 1. At all times during the term of this Franchise, Grantee shall maintain : a. An oil spill prevention and response Plan consistent with and conforming to California Office of Oil Spill Prevention and Response Regulations (OSPR) at Title 14, Division 1, Subdivision 4, Chapter 2, Subchapter 3, § §815 -817 of the California Code; .AX2 09850 5 % 00131 1 -, 55 b. A Business Plan pursuant to Chapter 6.95 of the California Health and Safety Code; C. A Chemical Inventory pursuant to Chapter 6.95 of the California Health & Safety Code; d. Pipeline maps and diagrams, and a contingency Plan for pipeline emergencies pursuant to California Government Code §51015. 2. Grantee shall pay City all applicable fees for review and approval of each such Plan for which City holds prime jurisdiction. 3. Grantee shall also comply with any requirements for Plans imposed by any federal, state or local authority during the term of this Franchise. 4. Grantee shall offer to meet with the City Fire Chief or Fire Chief's designee not less often than once each calendar year to discuss and review Plans and response plans for pipeline emergencies. All emergency response work performed by Grantee shall be performed in accordance with the applicable Plans and in cooperation with the City Fire Department. B. operational Requirements a. Grantee shall cause the Facilities to be secure against unauthorized entry and tampering. b. Remotely operable valves shall be provided which will be capable of shutting off flow of product. SECTION 9. OPERATIONS, MAINTENANCE AND REPAIR. Grantee shall operate, maintain and repair the Facilities in accordance with the California Pipeline Safety Act (Government Code § §51010- 51019), U.S. Department of Transportation Hazardous Liquid Pipeline Regulations (49 C.F.R. Part A5) and any and all other applicable federal and state rules. Grantee shall immediately make all repairs to the Streets and City property made necessary by any of the kM 139fOAr5 8 00132 operations of Grantee, upon approval of plans by the City Engineer, obtaining all necessary City permits. If Grantee fails to make said repairs to the Streets or City property, Grantee shall pay to City upon demand all costs which City incurs in making said repairs. SECTION 10. REARRANGEMENT OF FACILITIES A. Expense of Grantee 1. If any portion(s) of the Facilities shall, in the opinion of City, endanger the public in the use of the Streets or interfere with or obstruct the use of any street by the public or for public purpose, City shall have the right to require Grantee to move, alter or relocate such portion(s) to avoid such danger, interference or obstruction, in conformity with written notice from the City Engineer, at Grantee's sole expense. In such an event, City agrees to provide Grantee with a reasonable alternative location to relocate such portion(s) of the Facilities so as to provide an unbroken connection between the relocated portions and the portions that remain in place. 2. Whenever, during the term of this Franchise, City, including any water, electric, gas or other utility system hereafter owned or operated by City, any community facilities or assessment district, or any other agency established by City in its ministerial capacity, shall change the grade, width, alignment or location of any street, way, alley or place, or improve any said street in any manner, including but not limited to the laying of any sewer, storm drain, conduits, gas, water or other pipes, pedestrian tunnels, subway, viaduct or other work of City (the right to do all of which is specifically reserved to City without any admission on its part that it would not otherwise have such rights), Grantee shall, at its own cost and expense, do any and all things to effect such change in position or location of any portion(s) of the Facilities in conformity with the written approval of the City Engineer, including but not limited to removal or relocation of any portion(s) of the Facilities, if and when made necessary by the determination of the City Engineer. AX2 179850 5 9 00133 ►- a L l5 B. Expense of Others 1. City shall also have the right to require Grantee to rearrange any part of the Facilities for the accommodation of any private person, firm or corporation. When such rearrangement is done for the accommodation of any private person, firm or corporation, the cost of such rearrangement shall be borne by the accommodated party. Such accommodated party, in advance of such rearrangement, shall deposit with Grantee cash in an amount, as in the reasonable discretion of Grantee, shall be required to pay the costs of such rearrangement. 2. The rearrangement referred to in subsection 1 of subparagraph B of this Section shall be accomplished in conformity with the written notice of the City Engineer and plans approved by the City Engineer. C. Rearrangement of Other Facilities. Nothing contained in this Franchise shall be construed to require City to move, alter or relocate any of its facilities upon any of the Streets, at its own expense, for the convenience, accommodation or necessity of any other public entity, person, firm or corporation now or hereafter owning a public utility system of any type or nature, or to move, alter or relocate any part of its system upon any of the Streets for the convenience, accommodation or necessity of Grantee. D. Notice. Grantee shall be given not less than ninety (90) days written notice of any rearrangement of any portion(s) of the Facilities which Grantee is required to make under this Section. Such notice shall furnish final, approved plans detailing the necessity for the rearrangement of such portion(s) of the Facilities, specify in reasonable detail the work to be done by Grantee, and shall specify the time that such work is to be accomplished. In the event that City shall change the provisions of any such notice given to Grantee, Grantee shall be given an additional, reasonable period of time to accomplish such work. VX2 1398%5 10 00134 �r SECTION 11. REMOVAL OR ABANDONMENT OF FACILITIES. At the time of non - renewal, revocation or termination of this Franchise or the permanent discontinuance of use of the Facilities or any portion thereof, Grantee shall, within thirty (30) days thereafter, make a written application to the City Engineer to either: (1) abandon all, or a portion, of the Facilities in place, or (2) remove all, or a portion of the Facilities as the City Engineer, in his or her reasonable discretion, shall consider to be appropriate. Such application shall include a closure plan, which shall demonstrate to the satisfaction of the City Engineer and City's Fire Chief that any regulated materials which have been stored or transported in the Facilities or such portions(s) thereof have been or will be transported, disposed of or reused in a manner consistent with public health and safety, and shall describe the portion(s) of the Facilities desired to be abandoned by reference to the map or maps required by Section 6 hereof and shall also describe with reasonable accuracy the relative physical condition of such portion(s) of the Facilities. Thereupon, the City Engineer and the Fire Chief shall determine whether any proposed abandonment or removal may be effected without detriment to the public interest or under what conditions such proposed abandonment or removal may be safely effected and shall notify Grantee, according to such requirements as shall be specified in the City Engineer's and the Fire Chief's order to either: 1. Remove all or a portion of the Facilities, or 2. Abandon in place all or a portion of the Facilities, subject to reasonable conditions imposed by the City Engineer, Fire Chief and the City Attorney to protect public health, safety and welfare, and to protect City against future liability. If any portion(s) of the Facilities to be abandoned in place subject to the prescribed conditions shall not be abandoned in accordance with all such conditions, the City Engineer may make additional appropriate orders, including, as the City Engineer fAX2 1398505 11 00135 • r 5 deems desirable, an order that Grantee shall remove all such portion(s) of the Facilities in accordance with applicable requirements. If any portion(s) or all of the Facilities are abandoned, all right, title and interest in those abandoned shall remain with Grantee, and City shall not acquire any possessory, equitable or other interest therein. SECTION 12. COMPLETION OF WORK. In the event that Grantee fails to commence any work or act and diligently proceed therewith, or to complete any such act or work required of Grantee by the terms of this Franchise within the time limits required hereby, City may cause such act or work to be completed by City or, at the election of City, by a private contractor. Grantee agrees to pay City within thirty (30) days after delivery of an itemized bill the cost of performing such act or work plus an amount equal to fifteen percent (15 %) thereof for overhead. If Grantee is dissatisfied with any decision made by the City Engineer hereunder or the determination of the cost of any work performed by City pursuant to this Franchise, it may petition the City Council to review the same within ten (10) days after such decision or determination is communicated to Grantee. The decision of the City Council shall be final and conclusive. SECTION 13. BOND. Grantee shall, within thirty (30) days of the Effective Date of this Franchise, file with the City Clark, and yearly thereafter maintain in full force and effect, a bond in favor of City in the penal sum of Five Hundred Thousand Dollars ($500,000.00) with a surety to be approved by the City Finance Director, conditioned that Grantee shall truly observe, fulfill and perform each and every term and condition of this Franchise, and in the case of a breach of a condition of this Franchise and Grantee's refusal to remedy such breach, at the discretion of the City Council, the whole amount of the penal sum therein shall be paid to City in addition to any damages recoverable by City from the principal and sureties of the bond. If said bond is not so filed, the award of this Franchise will be set aside and any money paid by Grantee hereunder will be forfeited. M 139850 5 12 y�15 00136 Whenever a bond is taken and deemed to be liquidated damages for any breach of a term or condition of this Franchise not remedied by Grantee, Grantee must immediately file another bond of like amount and character, and if Grantee fails to do so within the time set by the City Council, the Council may, by resolution, declare this Franchise forfeited. Nothing herein shall insulate Grantee from liability in excess of the amount of said bond or shall be construed as a waiver by City of any remedy at law against Grantee for any breach of the terms and conditions of this Franchise, or for any damage, loss or injuries suffered by City in case of any damage, loss or injury suffered by any person, firm or corporation by reason of any work done or any activity conducted by Grantee in the exercise of this Franchise. SECTION 14. INSURANCE REQUIREMENTS. A. Liability Insurance. The Grantee shall, prior to the effective date of this Franchise, provide to the City a signed certification acknowledging the Grantee is self- insured for liability claims arising out of Grantee's use of this Franchise, in lieu of a policy or policies of general liability insurance, in the following amounts: comprehensive general liability insurance endorsed for contractual, broad form property damage and personal injury with a combined single limit of not less than $1,000,000.00 per occurrence; comprehensive auto liability endorsed for all owned and non -owned vehicles with a combined single limit of not less than $1,000,000.00 per occurrence; and hazardous materials and hazardous waste discharge coverage in an amount of not less than $1,000,000.00 per occurrence. B. Workers' Compensation Insurance. Prior to the Effective Date of this Franchise, Grantee shall file with City the following signed certification: "Grantee is aware of, and will comply with, Section 3700 of the Labor Code, requiring LAX21398505 13 ; , r r. 00137 every employer to be insured against liability for Workers' Compensation or to undertake self- insurance before commencing any of the work." Grantee 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 the term of this Franchise, complete Workers' Compensation Insurance as required by the State of California, or satisfactory evidence of self- insurance. C. Additional Insured. City and its respective elective and appointive officers, officials, employees and agents shall be named as additional insureds on the liability policies required under this Franchise. The coverage shall contain no special limitation on the scope of protection afforded to City, its officers, officials, employees and agents. For any claims related to this Franchise, Grantee's insurance coverage shall be primary insurance as respects City, its officers, officials, employees and agents. Any insurance or self- insurance maintained by City, its officers, officials, employees or agents shall be excess to Grantee's insurance and shall not contribute with it. D. insurance Certificates. Prior to the Effective Date of this Franchise, Grantee shall file with City a certificate of insurance evidencing coverage in the amounts specified in this Section. Such certificate shall be subject to approval by City's risk manager. Such certificate shall bear an endorsement providing that the policy to which it relates shall not be terminated or materially altered except after thirty (30) days prior notice to City. E. Termination for Lack of Required Insurance Coveraoe. If Grantee for any reason fails to have in place at all times during the term of this Franchise all required insurance coverage, City may terminate this Franchise forthwith. X2 139850 5 1 7 r5 is 00138 SECTION 15. INDEMNIFICATION BY GRANTEE. Grantee shall indemnify, defend, protect and hold harmless City, its elective and appointive boards, officials, officers, employees, agents, volunteers, assigns and any successor or successors to City's interest from and against any and all claims, demands, losses, defense costs, reasonable attorney fees, fines, penalties, expenses, causes of action and judgments at law or in equity, damages, losses or liability of any kind or nature, including but not limited to personal injury or death or property damage, arising out of Grantee's exercise of this Franchise or operation of the Facilities, regardless whether any act or omission is authorized, allowed or prohibited by this Franchise. Additionally, Grantee shall indemnify, defend and hold harmless City, its elective and appointive boards, officials, officers, employees, agents, volunteers, assigns and any successor or successors to City's interest from and against all claims, demands, losses, defense costs, reasonable attorney fees, fines, penalties, expenses, causes of action and judgments at law or in equity, damages, losses or liability of any kind or nature, including but not limited to personal injury or death or property damage, and other expenses of any nature .including but not limited to all foreseeable and all unforeseeable consequential damages, and the cost of any required or necessary repair, cleanup or detoxification, or the preparation and implementation of any response, remedial, removal, closure or other required plans (regardless of whether undertaken due to government action) arising out of or attributable to the presence, use, generation, storage, transportation, release, or disposal of Hazardous Material arising out of Grantee's exercise of this Franchise or the operation of the Facilities, regardless of whether any act or omission is authorized, allowed or prohibited by this Franchise. As used in this Section, Hazardous Material means any substance, product, waste or other material of any nature whatsoever which is or becomes listed, regulated or addressed pursuant to: (1) the Comprehensive Environmental Response, Compensation and Liability X21398505 15 00139 •; 1 L.It AX2 139850 5 Act of 1980, 42 U.S.C. §9601, et seq. (CERCLA); the Hazardous Materials Transportation Act, 49 U.S.C. 91801, et seq.; the Resource Conservation and Recovery Act, 42 U.S.C. §6901, et seq.; the Toxic Substances Control Act, 15 U.S.C. §2601, et seq.; the Clean Water Act, 33 U.S.C. §1251, et seq.; the California Hazardous Waste Control Act, Health and Safety Code §25100, et seq.; the California Hazardous Substance Account Act, Health and Safety Code §25330, et seq.; the California Safe Drinking Water and Toxic Enforcement Act, Health and Safety Code §25249.5, et seq.; California Health and Safety Code §25280, et seq. (Underground Storage of Hazardous Substances); the California Hazardous Waste Management Act, Health and Safety Code §25170.1, et seq.; California Health and Safety Code §25501, et seq. (Hazardous Materials Response Plans and Inventory); or the Porter - Cologne Water Quality Control Act, Water Code §13000, et seq., all as amended; or (2) any other federal, state or local law regulating, relating to, or imposing liability or standards of conduct concerning any hazardous, toxic or dangerous waste, substance or materials, as now is, or at any time hereafter may be, in effect; or (3) any rule or regulation adopted or promulgated under or pursuant to any of said laws. If Grantee receives any notice, whether oral or written, of any inquiry, test, investigation, enforcement proceeding, environmental audit or the like regarding any Hazardous Material relating to this Franchise or the Facilities, Grantee shall immediately notify City in writing of such notice. The liability of Grantee hereunder shall not be limited to the insurance provisions of this Franchise. The indemnification, legal defense and hold harmless provisions of this Section shall survive the expiration or termination of this Franchise or the abandonment of the Facilities authorized hereunder and shall relate back to all periods of time in which Grantee maintained pipelines in City pursuant to this Franchise or previous franchises. 5 16 00140 The provisions of this Section are intended to operate as an agreement pursuant to 5107(e) of CERCLA, 42 U.S.C. 59607(e), and California Health and Safety Code §25364, to insure, protect, hold harmless and indemnify City from liability pursuant to such laws. SECTION 16. LIQUIDATED DAMAGES. A. City finds and Grantee agrees that as of the time of the execution of this Franchise it is impractical if not impossible to reasonably ascertain the extent of damages which would be incurred by City as a result of a material breach by Grantee of its obligations under this Franchise. The factors relating to the impracticability of ascertaining damages include, but are not limited to, the facts that: (i) substantial damage can result to members of the public when access to public rights of way are impeded or prevented due to construction within said rights of way; (ii) faulty or negligent repair or restoration of streets and public rights of way excavated pursuant to this Franchise can present particular danger to public health, safety and welfare; (iii) failure to restore streets in a timely manner can exacerbate all of the dangers and concerns outlined above; (iv) such breaches can cause inconvenience, anxiety, frustration and deprivation to individual members of the general public in subjective ways and in varying degrees of intensity which are incapable of measurement in precise monetary terms; (v) the monetary loss resulting from such breaches is impossible to calculate in precise monetary terms; and (vi) termination of this Franchise for such breaches, and other remedies are, at best, a means of future correction and not remedies which make the public whole for past breaches. B. Accordingly, the City Council may, in its discretion, assess liquidated damages not to exceed the sum of FIVE HUNDRED DOLLARS ($500.00) per day, for each calendar day that Grantee is in material breach of this Franchise. This provision for liquidated damages shall not be deemed an exclusive remedy or afford the exclusive procedure for remedying a material breach of this Franchise. L AX2 139850 5 17 0 Q t 4 1 , • r � C. City finds, and Grantee acknowledges and agrees that the above described liquidated damages provisions represent a reasonable sum in light of all of the circumstances. Said liquidated damages sums shall be applicable to each calendar day of delay during which Grantee has been found by City to be in material breach of this Franchise, following Grantee's receipt of notification of such finding. Grantee shall pay any liquidated damages assessed by City within twenty (20) working days after they are assessed. If they are not paid within the twenty working day period, City may, in addition to any other remedies, order the termination of this Franchise. D. Grantee specifically agrees that failure to complete any portion of construction work or restoration of streets in accordance with the schedule set forth in the approved plans shall constitute a material breach of this Franchise for purposes of this Section, unless such failure is caused by conditions or actions not under Grantee's control. E. Both parties acknowledge and agree to the liquidated damages provisions of this Section as evidenced by their signatures below: "Grantee" "City" SHELL CALIFORNIA PIPELINE COMPANY by: li( / � 0L01 - Name typed oY pr&hted: W 7) . A cks�- Title: _��[1a[nA, %% Fnc�. SECTION 17. ASSIGNMENT A. Grantee shall not transfer, sell, hypothecate, sublet or assign this Franchise, nor shall any of the rights or privileges herein be hypothecated, leased, assigned, sold or transferred, either in whole or in part, nor shall title thereto, 4X2 I39M 5 y ,rt; In 00142 .VQ 139850 5 either legal or equitable, or any right, interest or property herein, pass to or vest in any person, except Grantee, its affiliates or subsidiaries, either by act of Grantee or by operation of law, without the prior consent of City expressed by resolution. The aforesaid provisions of this Section shall not prohibit Grantee from using the Facilities for the purpose of transporting for other persons the products, but in such event Grantee shall be responsible to City for full performance and observance of the terms and conditions of this Franchise. B. Any sale, lease or assignment of this Franchise or the rights and privileges granted hereby, or any of them, except to Grantee, its affiliates or subsidiaries, without the prior written consent of the City Council shall be null and void. C. City shall not unreasonably withhold its consent to a transfer of this Franchise. For the purpose of determining whether it shall consent to such change, transfer or change in control, City may inquire into the qualifications of the prospective transferee or controlling party, and Grantee shall assist City in any such inquiry. In seeking City's consent to any change of ownership or control, Grantee shall have the responsibility of ensuring that transferee completes an application in form and substance reasonably satisfactory to City. An application shall be submitted to City not less than ninety (90) days prior to the date of transfer. Grantee shall be required to establish that it is in material compliance with this Franchise. The transferee shall be required to establish that it possesses the qualifications and financial and technical capability to operate and maintain the Facilities and comply with all Franchise requirements for the remainder of the term of this Franchise. If City finds that the legal, financial, technical and other public interest qualities of the applicant are satisfactory, and that the proposed transferee has the capability to operate and maintain the Facilities and comply with requirements of this Franchise for the remaining term hereof, City shall consent to the transfer and 19 00143 • r � assignment of the rights and obligations of this Franchise. City may condition the transfer to ensure that the transferee is and remains in material compliance with this Franchise. D. City consent pursuant to this Section is further required for any change in control of Grantee. "Change in control" shall mean any sale, transfer or acquisition of Grantee, Grantee's parent, the parent of Grantee's parent, etc. If Grantee or its parent(s) is /are a corporation or corporations, any acquisition of more than ten percent (10 %) of Grantee's voting stock by a person or group of persons acting in concert, who already own less than 50% of the voting stock, shall be deemed a change in control. E. Notwithstanding the above, Grantee shall be entitled to pledge, encumber, or grant any security interest in this Franchise, provided that Grantee shall first notify and obtain City consent in writing of such proposed transaction. City shall consent to such transaction, subject, however, to the following conditions: 1. Any consent so granted shall not be deemed a consent to such pledgee, encumbrancer, or secured party to exercise any rights or prerogatives of Grantee under this Franchise, nor to its exercise of any rights or prerogatives as a holder of an ownership interest in this Franchise. 2. Any consent so granted shall not be deemed a consent to any subsequent transfer or assignment as referred to in this Section. Any such subsequent transfer or assignment shall be deemed assignment of this Franchise within the meaning of this Section, and shall be subject to the provisions of this Section. 3. The pledgee, encumbrancer, or secured party shall have executed and delivered to City an instrument in writing agreeing to be bound by the provisions of this Franchise. -AM 1398505, 20 r 00144 1 5 SECTION 18. RECEIVERSHIP AND FORECLOSURE A. Subject to applicable provisions of the Bankruptcy Code, this Franchise shall, at the option of City, cease and terminate one hundred twenty (120) days after appointment of a receiver or trustee to take over and conduct the business of Grantee whether in a receivership, reorganization, bankruptcy or other action or proceeding unless such receivership or trusteeship shall have been vacated prior to the expiration of said one hundred twenty (120) days, or unless: 1. Such receiver or trustee shall have, within one hundred twenty (120) days after its election or appointment, fully complied with all terms of this Franchise and remedied all breaches of this Franchise or provided a plan for the remedy of such breaches which is satisfactory to City; and 2. Such receiver or trustee shall, within said one hundred twenty (120) days, execute an agreement duly approved by the court having jurisdiction, whereby such receiver or trustee assumes and agrees to be bound by each and every term, provision and limitation of this Franchise. B. Upon the foreclosure or other judicial sale of all or a substantial part of the Facilities, Grantee shall notify the City Clerk of such fact, and such notification shall be treated as a notification that a change in ownership of Grantee has taken place and that the provisions of this Franchise governing such changes shall apply. SECTION 19. WAIVER OF BREACH. No waiver of the breach of any of the covenants, agreements, restrictions or conditions of this Franchise by City shall be construed to be a waiver of any succeeding breach of the same or other covenants, agreements, restrictions or conditions of this Franchise. No delay or omission of City in exercising any right, power or remedy herein provided in the event of default shall be construed as a waiver thereof, or LAX2 139850 5 21 00145 acquiescence therein, nor shall the acceptance of any payments made in a manner or at a time other than is herein provided be construed as a waiver of or variation in any of the terms of this Franchise. SECTION 20. DEFAULT A. Default In any event that Grantee shall default in the performance of any of the terms, covenants and conditions of this Franchise, the City Manager may give written notice to Grantee of such default. In the event that Grantee does not commence the work necessary to cure such default within thirty (30) days after such notice is received or prosecute such work diligently to completion, the City Council may declare this Franchise forfeited by giving written notice thereof to Grantee, whereupon this Franchise shall be void and the rights of Grantee hereunder shall terminate and Grantee shall execute an instrument surrendering this Franchise and deliver same to City. If the City Council declares this Franchise forfeited, it may thereupon and thereafter exclude Grantee from further occupancy or use of all City streets for the purposes authorized under this Franchise. Forfeiture of this Franchise shall not of itself operate to release the bond filed for this Franchise. Upon declaring this Franchise forfeited, the City Council may elect to take and accept the bond as liquidated damages therefor and pursue any other legal remedy for any damage, loss or injury suffered by City as a result of such breach. After forfeiture, the bond shall remain in full force and effect for a period of one (1) year unless exonerated by the City Council. No bond shall be exonerated unless a release is obtained from the City Engineer and is filed with the City Clerk. The release shall state whether all excavations have been backfilled, all obstructions removed, and whether the substrata or surfaces of the Streets have been placed in good and serviceable condition. A release shall not constitute a waiver of 1X2 139850 3 ...r5 22 00146 any right or remedy which City may have against Grantee or any person, firm or corporation for any damage, loss or injury suffered by City as a result of any work or activity performed by Grantee in the exercise of this Franchise. B. Cumulative Remedies No provision herein made for the purpose of securing enforcement of the terms and conditions of this Franchise shall be deemed an exclusive remedy or to afford the exclusive procedure for enforcement of said terms and conditions, but the remedy and procedure herein provided, in addition to those provided by law, shall be deemed cumulative. SECTION 21. SCOPE OF RESERVATION. Nothing herein contained shall ever be construed so as to exempt Grantee from compliance with all ordinances of City now in effect or which may be hereafter which are not inconsistent with the terms of this Franchise. The enumeration herein of specific rights reserved shall not be construed as exclusive, or as limiting the general reservation herein made or as limiting such rights as City may have or hereafter have in law. SECTION 22. NOTICE. Any notice required to be given under the terms of this Franchise, the manner of service of which is not specifically provided for, may be served personally or by depositing same with First Class postage prepaid in the United States Mail addressed as follows: To City: Director of Public works City of E1 Segundo 350 Main Street E1 Segundo, California 94250 To Grantee: Shell California Pipeline Company ATTN Manager, West Coast Area Shell Pipe Line Corporation Box 4848 Anaheim, California 92803 -4848 .AX2 1398505 23 00 1 4 % - : r, V, Or such other address as may from time to time be furnished in writing by one party to the other. When service of any such notice is made by mail, the time of such notice shall begin within and run from three days after the date of the deposit of the same in the United States Mail. SECTION 23. SUCCESSORS. The terms of this Franchise shall inure to the benefit of and shall bind, as the case may be, the successors and assigns of the parties hereto, subject, however, to the provisions of Section 17 hereof. SECTION 24. INTERPRETATION. This Franchise is granted upon each and every condition herein contained, and shall be strictly construed against Grantee. Nothing shall pass to Grantee by this Franchise unless it be granted in plain and unambiguous terms. Each of said conditions is a material and essential condition to the granting of this Franchise. This Franchise shall be interpreted and construed according to the laws of the State of California. SECTION 25. ATTORNEYS' FEES. If litigation is reasonably required to enforce or interpret the provisions of this Franchise, the prevailing party in such litigation shall be entitled to an award of reasonable attorneys' fees, in addition to any other relief to which it may be entitled. SECTION 26. ENTIRE AGREEMENT. This Franchise contains the entire understanding between City and Grantee. Any prior agreements, promises, negotiations or representations not expressly set forth herein are of no force or effect. Subsequent modifications to this Franchise shall be effective only if in writing and signed by all parties. If any term, condition or covenant of this Franchise is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Franchise shall be valid and binding. V(2 139850 5 .•rC 24 00145 SECTION 27. PUBLICATION EXPENSE. Grantee shall pay to City a sum of money sufficient to reimburse City for all publication expenses incurred in connection with the granting of this Franchise, said payment to be made within thirty (30) days after City shall have furnished Grantee a written statement of such expenses. Such sum is in addition to the Administrative Fee indicated in subsection C of Section 7 hereof. SECTION 28. EFFECTIVE DATE OF FRANCHISE. This Franchise shall not be in effect unless and until the ordinance of the City Council granting this Franchise is in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Franchise to be executed by their authorized representatives as of the Effective Date hereof CITY OF EL SEGUNDO ( "City" i. Rame . d r rip • ATTEST: by: 6121 41 � Nam ty� printed: C�TY ERK APPROVED AS TO FORM Name typed or printed: rim �� t41- /I7 :� _- CITY ATTORNEY AX2 139850 5 PW SHELL CALIFORNIA PIPELINE COMPANY ( "Grantee ") jj7 � by c �'(41y Name ty ed 671 printed: _V%j 3• �ALVAScxJ Title: PT �o NE.a FAC i 00149 ( ) L; \2r§ S ( ¥ � / (� / ga *§ f|{ § \\ §} 22 e» I \ § � § k® � k � �q ■ j) e�i #v } � w &E kk § S � �(2 / �R§9 2 }§§ £ g/� ¥ §S) k \ §k -0 00150 2 $� {} zA § }EXHIBIT ' " 2 1 7 6 § § � / % k § ��ƒ § ; §[ o \ a§z* ) E � e .■ (= °2@ »§ E %)§a O\/ § §� 2� § \2r§ S ( ¥ � / (� / ga *§ f|{ § \\ §} 22 e» I \ § � § k® � k � �q ■ j) e�i #v } � w &E kk § S � �(2 / �R§9 2 }§§ £ g/� ¥ §S) k \ §k -0 00150 2 $� {} zA § }EXHIBIT ' " 2 1 7 6 § § � / % SHELL CALIFORNIA PIPELINE COMPANY 6 -INCH DIAMETER VENTURA PRODUCTS PIPELINE IN CITY OF EL SEGUNDO, LOS ANGELES COUNTY, CALIFORNIA A portion of A 6 -inch diameter pipeline, entering the jurisdiction of said City in Aviation Boulevard at a point on the common City of El Segundo /City of Hawthorne boundary line, said point being on the southeasterly property line of a railroad right of way, approximately 16 feet east of the centerline of Aviation Boulevard and 926 feet north of a prolongation of the centerline of a street designated Utah Avenue in the City of El Segundo and 135th Street in the City of Hawthorne, thence northerly in Aviation Boulevard approximately 2,946 feet following the meanderings thereof, in an alignment varying from approximately 16 feet to 18 feet east of the centerline thereof, to a point on the common City of El Segundo /County of Los Angeles boundary line, said point being approximately 17 feet east of and 112 feet south of the intersection of the centerline of Aviation Boulevard with a prolongation of the centerline of 124th Street, exiting the City of El Segundo and entering County of Los Angeles jurisdiction, thence north in County of Los Angeles jurisdiction 1,323 5 feet to a point, said point being approximately 18 feet east of the intersection of the centerline of Aviation Boulevard with a prolongation of the centerline of 120th Street, re- entering City of El Segundo ,jurisdiction, 4 thence north in Aviation Boulevard 463 feet to a point, said point being approximately 18 feet east of the centerline of Aviation Boulevard and approximately 202 feet south of the centerline of 119th Street, where the pipeline exits the City of El Segundo and enters County of Los Angeles. jurisdiction 482desc2 doc 00151 EXHIBIT "A" PAGE 2 OF 6 -r� u g c. V •C 7 L Z% O N � N Y+• T X � �U o � C a va c pp CWv'°i y °o k o V " � v U E .Q t C i DD N F ua I F F W LU M. a 0 w R o' al N d � dal a I 0 d UUU {1O F y r 0 0om O`� � � O u > 0 3 T u a m e 0 °> 33333333 vo �� 3 5 1n iii To iii iii U* p 3 z3z3zzzz 9 z r OO OD 00 � � ONO ONO OHO W Oro Oro o� m ao v a u m e Z• r P P I z r 0 Pr- %c O 6 a U O d c0.° O W P..,.1 L y � U VJv 00152 V �j EXHIBIT "A" PAGE 3 OF 6 T LO i Wm a v €o 0 zy m H 00 3 c � O u > T u a V 9 C O l9 u u iii r/i iii rO u U YS p U? a U 0.' NLu h w y V1 V)h N DS u1 y3 f7i I z r 0 Pr- %c O 6 a U O d c0.° O W P..,.1 L y � U VJv 00152 V �j EXHIBIT "A" PAGE 3 OF 6 T LO i Wm a v €o 0 zy m H 00 3 c � O u > T u a I z r 0 Pr- %c O 6 a U O d c0.° O W P..,.1 L y � U VJv 00152 V �j EXHIBIT "A" PAGE 3 OF 6 T LO i Wm a v €o 0 zy m H 00 3 c SHELL OIL COMPANY 8 -INCH DIAMETER CARSON PLANT #6 (LAX PRODUCTS) PIPELINE IN CITY OF EL SEGUNDO, LOS ANGELES COUNTY, CALIFORNIA A portion of an 8 -inch diameter pipeline, 1. entering the jurisdiction of said City at the common City of El Segundo /City of Hawthorne boundary line on the centerline of Aviation Boulevard at a point approximately 270 feet north of the centerline of Rosecrans Avenue; 2. thence northwesterly in Aviation Boulevard approximately 50 feet to a point on the west right of way line thereof, said point being approximately 310 feet north of the centerline of Rosecrans Avenue; thence generally northwesterly in privately owned land various courses and distances totaling approximately 7,243 linear feet to a point on the south right of way line of El Segundo Boulevard, said point being approximately 185 feet east of the centerline of Sepulveda Boulevard; 4. thence northwesterly across El Segundo Boulevard 154 feet to a point on the north right of way line thereof, said point being approximately 100 feet east of the centerline of Sepulveda Boulevard. At this point the pipeline enters privately owned land and proceeds generally northnorthwesterly therein various courses and distances totaling approximately 190 linear feet to a point on the east right of way line of Sepulveda Boulevard, said point being approximately 200 feet north of the north right of way line of El Segundo Boulevard; 6. thence west across Sepulveda Boulevard perpendicular to the sidelines thereof 100 feet; thence in privately owned land northwesterly approximately 1,016 feet to a point on the south right of way line of Grand Avenue, said point being approximately 190 feet east of a prolongation of the centerline of Illinois Street; thence north across Grand Avenue perpendicular to the sidelines thereof 60 feet to privately owned land; thence north in privately owned land 36.6 feet; 10. thence northwesterly in privately owned land 473.3 feet to a point on the east right of way line of Illinois Street, said point being approximately 288 feet north of the north right of way line of Grand Avenue; 00153 482descl.doc EXHIBIT "A" PAGE 4 OF 6 11 thence west across Illinois Street perpendicular to the sidelines thereof 50 feet to privately owned land, 12 thence west in privately owned land 63 3 feet, 13. thence northwesterly to privately owned land 150 feet, 14 thence northerly to privately owned land approximately 1,036 feet to a point on the south right of way line of Manposa Avenue, said point being approximately 143 feet west of the centerline of Illinois Street, 15 thence north across Mariposa Avenue perpendicular to the sidelines thereof 50 feet to privately owned land east of Washington Street, 16 thence north to privately owned land approximately 139 feet, 17 thence northwesterly to privately owned land approximately 28 feet, 18 thence north to privately owned land approximately 326 feet to a point on the south right of way line of Palm Avenue, said point being approximately 30 feet east of the centerline of Washington Street, 19 thence across Palm Avenue perpendicular to the sidelines thereof 40 feet to privately owned land east of Washington Street, 20 thence north to privately owned land approximately 656 feet to a point on the south right of way line of Maple Avenue, said point being approximately 30 feet east of the centerline of Washington Street, 21 thence across Maple Avenue perpendicular to the sidelines thereof 50 feet to privately owned land east of Washington Street, 22 thence north in privately owned land approximately 322 feet to a point on the south right of way iine of Sycamore Avenue, said point being approximately 30 feet east of the centerline of Washington Street, 23 thence across Sycamore Avenue perpendicular to the sidelines thereof 50 feet to privately owned land east of Washington Street, 24 thence north to privately owned land approximately 314 feet to a point on the south right of way iine of Walnut Avenue, said point being approximately 25 feet east of the centerlme of Washington Street, 25 thence north in Walnut Avenue approximately 15 feet, 2 00154 482descl doc EXHIBIT "A" PAGE 5 OF 6 .. �rs 26 thence northwesterly in Walnut Avenue approximately 75 feet, 27 thence west in Walnut Avenue, approximately 158 feet, 28 thence north, perpendicular to the sidelines of Walnut Avenue approximately 5 feet to the north right of way line thereof and to privately owned land, 29 thence north in privately owned land approximately 415 feet, 30 thence northwesterly in privately owned land approximately 3 feet to a point on the east right of way line of a north /south alley 20 feet wide, 31 thence continuing northwesterly in said alley approximately 20 feet to a point, said point being 6 5 feet east of the west right of way line of said alley and opposite the east terminus of an alley 20 feet wide extending west from said north/south alley, 32 thence north to said north/south alley approximately 190 feet to a point on the south right of way line of Imperial Avenue, said point being approximately 645 feet east of the centerline of California Street, 33 thence north in Imperial Avenue approximately 55 feet to a point 25 1 feet north of the centerline thereof, 34 thence west in Imperial Avenue 5,903 2 feet to a point, said point being approximately feet south of the north right of way line of Imperial Avenue and 110 feet east of a prolongation of the centerline of Virginia Street, 35 thence north in Imperial Avenue perpendicular to the sidelines thereof approximately 5 feet to a point on the north right of way line thereof 36 The pipeline then enters a median owned by the City of El Segundo and continues northerly therein approximately 91 feet at which point it exits the City of El Segundo 482desc 1 doc 00155 EXHIBIT "A" PAGE 6 OF 6 - t; SHELL CALIFORNIA PIPELINE COMPANY POWER OF ATTORNEY SHELL CALIFORNIA PIPELINE COMPANY, a California corporation, with offices at Two Shell Plaza, 777 Walker Street, in Houston, Texas 77252 ( "SCPC "), hereby appoints and authorizes R. G. Ryman, J. A. Davis, or W. J. Jackson, its Agents and Attorneys in Fact, in SCPC name and behalf, to execute and deliver, accept, assign, amend, extend, terminate or release the following instruments and documents in the usual course of SCPC business relating to its pipelines and appurtenant facilities: (a) deeds, leases, subleases, easements, rights of way, licenses, permits, franchises, consents and other agreements for use of real property, whether or not to SCPC; and (b) applications for any of the foregoing relating to lands, waters or other property owned by or under the jurisdiction of any government or governmental authority, as well as any other applications or reports or statements (excepting tax reports or returns) required by any government or governmental authority; IN WITNESS WHEREOF the Corporation has caused this Power of Attorney to be signed by its President (duly authorized by resolution adopted by the Board of Directors on November 25, 1985) and attested by its Secretary. EXECUTED this 25th day of AT'CST: w.�Y. J Son, Secretary STATE OF TEXAS SHELL CALIFORNIA rsgw, SS. COUNTY OF HARRIS ) ...W... 4'1'9•.instrument was acknowledged before me on May 25 19��y��y•••...d9�D. Jasperson on behalf of Shell California Ppeline 1a corporation. pT 1 " °e 0 - f BP M89SCPC.01 Notary Public� 00156 RECORDING REQUESTED BY: City of E1 Segundo City Clerk 350 Main Street E1 Segundo, CA 90245 WHEN RECORDED MAIL TO: City of E1 Segundo City Clerk 350 Main Street E1 Segundo, CA 90245 GRANT OF SUBSURFACE EASEMENT WHEREAS, on July 20, 1959, the City of Los Angeles conveyed to the City of E1 Segundo certain real property described in that certain Grant Deed recorded in Book D561 at Page 787 through 790 of official records of the County of Los Angeles; and WHEREAS, said Deed imposed certain restrictions upon the use of said property by the City of E1 Segundo; and entitled: WHEREAS, on April 16, 1970, Ordinance No. 140,297 "AN ORDINANCE AUTHORIZING THE PRESIDENT OR TWO MEMBERS OF THE BOARD OF PUBLIC WORKS TO EXECUTE A CONSENT TO THE GRANTING OF CERTAIN SUBSURFACE PIPE LINE EASEMENTS BY THE CITY OF EL SEGUNDO; ", was passed by the Los Angeles City Council on April 16, 1970, approved by the Mayor of Los Angeles on April 20, 1970, and will become effective on May 31, 1970; and WHEREAS, by said Ordinance the City of Los Angeles consents to the granting of subsurface easements by the City of E1 Segundo for pipeline purposes in, under, through, and across, that certain parcel of real property conveyed by the City of Los Angeles to the City of E1 Segundo by Grant Deed recorded August 5, 1959, in Book D561 at Page 787 through 790 of official records of Los Angeles County, and further authorized the President of, or two members of, the Board of Public Works of the City of Los Angeles to execute the consent to grant said subsurface easements and the City Clerk to attest thereto; NOW, THEREFORE, THE CITY OF EL SEGUNDO, a municipal corporation, does hereby grant to Shell California Pipeline Company, a California Corporation, a corporation (Grantee), a subsurface easement for a period commencing with the approval of this Grant of Subsurface Easement, ending on the 22nd day of April, 2006, for the purpose of maintaining and operating one pipeline not exceeding eight (8) inches internal diameter for the purpose of transporting aviation jet fuel over, across and along the following described real property: EXHIBIT "B" PW -MAY21 EAS (Wednesday 5/22/96 11 UU am) 00157 A strip of land 10.00 feet in width the center line of which is described as follows: BEGINNING at a point in the north line of Imperial Avenue (60 feet wide) 109.00 feet easterly of the center line of Virginia Street (50 feet wide); THENCE northerly 111.00 feet to the north city boundary. The City of E1 Segundo is to fully use and enjoy the premises except for the purpose granted to the Grantee. Grantee hereby agrees to maintain all pipes a sufficient depth so as not to interfere with the use of the property by the City of E1 Segundo, and to pay any damages which may arise as a result of its use. This grant of subsurface easement is not intended to and shall not be construed to permit the exercise of any rights which would cause a reversion of said premises to the City of Los Angeles, or to its successors or assigns. This Grant of Subsurface Easement will be of no virtue, force, or effect, except to the extent the same is consented to by the City of Los Angeles, pursuant to the authorization of the said Ordinance No. 140,297. IN WITNESS WHEREOF, the said City of E1 Segundo has hereunto caused its corporate name and seal to be hereunto subscribed and affixed by its proper officers first thereunto duly authorized. APPROVED this 4th day of Tnnp , 1996 ATTESTED: Cindy Mortegen ,City Clerk (Seal) APPROVED AS TO FORM: Z" C- City Attorney 00158 /Sandra Jacobs, or of the City of Segundo, California PW -MAY21 EAS (Fnday 5/3/% 4 M) 00 A ~ C ^ I I H Ll n.lY - YY 3f b �a�eh Q O 6 Q Q Q 2 O 2 Q Z N W J W O 2 7 J - I O . • A 0) s.YCYwoy fll� IfOj 31)1113 is ; HAIO "S" ii T. I is MSY AM e • _ _ .. 3 J- r Z II �f � yyy_��1� �� •�♦ w3r ti \ O I 1LWwr1 1 I ; sw S3wOlW r 0311,Y t w W / a `r u rN ^l3f N_ - 1 N Y u� N if IM.IOMI � S 11 ©© AS SlOwllll I is MFIff9fbN9 f l f 1 : I j Is w019Y,ML.. 11� If I11 1 c III I/ I 1, 4� 11 I I — '�NI I W 1 1 11 7) ♦ i I w b Ch is s.fwtW , IIC O❑ : 15 wOO]YO cc o lS •G•w3M �" J� .0 Y)lh3+ IL (r• II� ❑� YO MPI.OMnf - II 7.� if OYt I.Y •w W 11I 4% Iowa's 1 L_ W.3. w0013wf � � � (� II .h3..r z : ✓ Sn.0 +. )O3 O � MI 11 �--�I !S O.Oh.1: • N I F�F � y`p\ ''1j� aS IS 11 noel"'. I I { I J . n • •w I � n ` Y i • � I� w�II _�I • - -J \ � ti la.l)l�ll. � / � l \ � sl�� �` /lam • � l \ \ _ _ = I ITN - +\ 0 0 _ 15 9 1 7� �`��'3. �tlonuroN ln� Law ES , � � '�`� Ex- YMSfa- ~N_s {_ nW . . EL SEGUNDO CITY COUNCIL MEETING DATE. October 6, 1998 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Requests by Gold Graphics for Installation of banners, publicizing the Distinguished Speaker Series In the Redondo Beach Performing Arts Center, along Sepulveda Boulevard between Imperial Highway and Rosecrans Avenue, and Rosecrans Avenue between Sepulveda Boulevard and Aviation Boulevard (fiscal Impact - none) RECOMMENDED COUNCIL ACTION- Approve Gold Graphics request, subject to the conditions Identified by staff INTRODUCTION AND BACKGROUND: Gold Graphics has requested the City to approve Installation of banners publicizing the Distinguished Speaker Series In the Redondo Beach Performing Arts Center A total of fourteen (14) banners (size 35" x 96 ") are proposed to be installed on existing light poles in Sepulveda Boulevard within City limits An additional thirty -two (32) banners of the same size are proposed to be installed on street lights in the median island of Rosecrans Avenue, the right- of -way of which Is shared by the Cites of Manhattan Beach and El Segundo DISCUSSION: Gold Graphics request was to permit them to install the banners commencing September 11, 1998 Due to the late submittal of the request, Gold Graphics has informed staff that the banners will be installed after receiving all agency approvals and will be in place until March 11, 1999 ATTACHED SUPPORTING DOCUMENTS: Request by Gold Graphics with banner design FISCAL IMPACT, Operating Budget: Capital Improvement Budget: Amount Requested: ProjecUAccount Budget: Project/Account Balance: Account Number: Project Phase: Appropriation Required: (Discussion continues on the next page....) Date- 00,60 Page 1 of 2 N \COUNCIL \PW- OCT0604 (Tuesday 9/29/98400 PM) 17 DISCUSSION: (continued) Staff Is of the opinion that the requested approval for six (6) months Is too long Since Sepulveda Boulevard is a state highway, installation of the banners requires a Caltrans permit Caltrans has informed staff that its permit will be for an initial period of sic (6) weeks with an allowance for one (1) additional six (6) week extension Upon approval by the City Council for an Initial six (6) week period, staff will request Caltrans to notify the City d the applicant requests Caltrans for a six (6) week extension At that time, assuming the banners are In good condition and other agencies have not requesting banner space, staff will administratively approve Caltrans' granting of the six (6) week extension Staff recommends City Council approval sub)ect to the conditions stated above 1 C 1 Page 2 of 2 00 1Ul N \COUNCIL \PW- OCT0604 (Tuesday 9/29/98400 PM) GoLd Graphics rnonuFactEj company 10051 Bradley Ave, Pacoima, CA 91331 Telephone (818) 899 -1183 FAX (819) 899 -2430 September 15, 1998 Jack Hilton City of El Segundo Public Works Department -1350 Main Street El Segundo, CA 90245 Fax (310)414 -0911 Dear Jack, This letter is to formally request permission to install banners in conjunction with the Redondo Beach Performing Arts Center Distinguished Speaker Series Edison and CalTrans have already submitted their approval Gold Graphics has been contracted to perform the production, installation, and removal of all city light pole banners for the event Gold Graphics has been contracted to perform the production, installation, and removal of all city light pole banners for the event We plan on hanging the banners from September 11, 1995 to March 11, 1999 The locations in which we wish to install banners are indicated on the enclosed list Since we are not certain who owns the light poles in the median on Rosecrans, we are submitting applications to both El Segundo and Manhattan Beach for this location. Banner size will be 35" x 96" and will be made of outdoor vinyl material The layout of the banners is also enclosed Should you require proof of insurance, this can be submitted y Please feel free to contact me with any questions that you may have l look forward to speaking with you again in the near future and thank you for your cooperation Sincerely, N ,y, / % Andrew Gold Vice President 00162 ...� 1� El Segundo Location List Sepulveda Blvd From Mariposa to El Segundo 7 poles Rosecrans Ave from Sepulveda to Aviation 16 poles (co -owned with Manhattan Beach) TOTAL 00163 23 poles J 7 1 00164 EL SEGUNDO CITY COUNCIL MEETING DATE. October 6, 1998 AGENDA ITEM STATEMENT AGENDA HEADING- Consent Agenda AGENDA DESCRIPTION: Award of annual contract to C J Construction, Inc, for the repair of sidewalk, curb and other minor Improvements (estimated contract amount = $44,355 00) RECOMMENDED COUNCIL ACTION: Award contract to the lowest responsible bidder, C J Construction, Inc Authorize the Mayor to sign the standard public works construction agreement after approval as to form by the City Attorney INTRODUCTION AND BACKGROUND: On August 18, 1998, the City Council authorized staff to solicit bids for an annual contract to repair sidewalks and curbs The purpose of this contract is to establish unit bid prices by which damaged City sidewalks and curbs can be repaired expeditiously on an as needed basis DISCUSSION: On September 15, 1998, the City Clerk received and opened the following bids C J Construction, Inc $44,35500 Hi Tech Pro Construction Company $49,50000 Pacific Construction Company $65,59500 Damon Construction Company $68,20000 Nobest, Inc $87,07500 Engineer's Estimate $50,00000 After execution of the contract, staff will issue purchase orders to the contractor approximately once every two (2) months to repair specific sidewalk and curb locations The contract provides for the contractor to receive a minimum order of $7,500 00 based on the unit bid prices The low bidder, C J Construction, Inc, has previously completed several sidewalk repair protects for the City Staff recommends award of contract to C J Construction. Inc ATTACHED SUPPORTING DOCUMENTS: FISCAL IMPACT: Operating Budget: Capital Improvement Budget: Amount Requested: Project/Account Budget: Project/Account Balance: Account Number: Project Phase: Appropriation Required: $44,35500 $50,00000 $50,00000 Date: 106- 400 - 8203 -8604 Award of contract N\COUNCILTW- OCT0605 (Monday 9/28/98300 PM) 00165 ffelol EL SEGUNDO CITY COUNCIL MEETING DATE: October 6, 1998 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Adopt specifications for installation of slod- resistant flooring for Fire Station No 1 (estimated cost = $25,000 00), project no PW 98 -8 RECOMMENDED COUNCIL ACTION: Adopt plans and specifications and authorize staff to advertise the project for receipt of construction bids INTRODUCTION AND BACKGROUND: The adopted 1998 -99 Facilities Maintenance Program includes a project to install a non -slip flooring surface over the existing concrete floor of the apparatus room of Fire Station No 1 This surface will provide a skid resistant surface particularly when the floor is wet The surface will also be easier to clean and maintain DISCUSSION: Staff has prepared specifications for the project and requests City Council approval to advertise the project for receipt of construction bids ATTACHED SUPPORTING DOCUMENTS: FISCAL IMPACT: Operating Budget: Capital Improvement Budget: Amount Requested: Project/Account Budget: ProjecUAccount Balance: Account Number- Project Phase: Appropriation Required, $25,00000 $25,00000 $25,00000 Date: 922/98 405 -400- 6215 -FAC 608 Adoption of specifications N \COUNCIL \PW- OCT06 -07 (Monday 9/28/98300 PM) 001 6r) 19 EL SEGUNDO CITY COUNCIL MEETING DATE: October 6, 1998 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Adoption of specifications for refurbishment and cleaning of air conditioning duct work in the City Library - (estimated cost = $35,000 00), project no PW 98 -9 RECOMMENDED COUNCIL ACTION: Adopt specifications and authorize staff to advertise the project for receipt of construction bids INTRODUCTION AND BACKGROUND: The adopted 1998 -99 Facilities Maintenance Program includes a project to refurbish and clean the air conditioning ducts of the City Library These ducts were installed in conjunction with the Library expansion project in 1991 and are due for cleaning to improve the air quality inside the building DISCUSSION: Staff has prepared specifications for the project and is requesting City Council adoption of the specifications and authorization to advertise the project for receipt of construction bids ATTACHED SUPPORTING DOCUMENTS: FISCAL IMPACT: Operating Budget: Capital Improvement Budget: Amount Requested: Project/Account Budget: Project/Account Balance: Account Number: Project Phase: Appropriation Required: $35,00000 $35,00000 $35,00000 Date: 9/22/98 405- 400 - 6215 -FAC 501 Adoption of specifications C0167 WCOUNCILTW- OCT0608 (Monday 9/28/98300 PM) 20 EL SEGUNDO CITY COUNCIL MEETING DATE: October 6, 1998 AGENDA ITEM STATEMENT AGENDA HEADING- Consent Agenda AGENDA DESCRIPTION: Adoption of specifications for re- roofing the Joslyn Community Center - (estimated cost = $40,000 00), project no PW 98 -7 RECOMMENDED COUNCIL ACTION: Adopt specifications and authorize staff to advertise the project for receipt of construction bids INTRODUCTION AND BACKGROUND: The adopted 1998 -99 Facilities Maintenance Program Includes a project to re -roof the Joslyn Community Center This roof Is fifteen (15) years old, deteriorated and leaks during rain DISCUSSION: Staff has prepared specifications for removing the existing roof and Installing a new roof for the building Staff is requesting City Council adoption of the specifications and authorization to advertise the protect for receipt of construction bids ATTACHED SUPPORTING DOCUMENTS: FISCAL IMPACT: Operating Budget: Capital Improvement Budget: Amount Requested: Project/Account Budget: Project/Account Balance: Account Number: Project Phase. Appropriation Required: No $4000000 $40,00000 $40,00000 Date: 9/22/98 405- 400 - 6215 -FAC 717 Adoption of specifications 00168 N \COUNCIL \PW- OCT0609 (Monday 9/28/98300 PM) 2 EL SEGUNDO CITY COUNCIL MEETING DATE: October 6, 1998 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Adoption of plans and specifications for the trenchless rehabilitation of an 18" sewer main In easement west of Virginia Street, between Oak Avenue and Walnut Avenue (estimated cost = $120,000 00), project no PW 98-6 RECOMMENDED COUNCIL ACTION: Adopt plans and specifications Authorize staff to advertise project for receipt of construction bids INTRODUCTION AND BACKGROUND: The adopted fiscal year 1998 -99 Capital Improvement Program Includes a project to rehabilitate the City's sanitary sewer mains The nature and location of existing deficiencies are established by means of closed circuit television inspection and review of the video tapes by Public Works staff DISCUSSION: There Is an existing 18" diameter sewer main west of Virginia Street, between Oak and Walnut Avenues This sewer main Is within an existing 15' vide easement over private properties and discharges Into sewer pump station no 1 located on Acacia Avenue, west of Loma Vista Street Staff is recommending a trenchless rehabilitation method which Involves Installation of a lining Inside the existing sewer main All work to Install the lining material will be done from the public street right -of -way With this method there is no need to excavate within private property close to existing residential buildings The total estimated cost of the project, Including staff costs for design and Inspection, and construction contingencies, Is $120,000 00 ATTACHED SUPPORTING DOCUMENTS: Location map FISCAL IMPACT: Operating Budget: Capital Improvement Budget: Amount Requested: Project/Account Budget: Project/Account Balance: Account Number: Project Phase: Appropriation Required: uE Yes $120.000.00 $175,00000 $171.000.00 Date: 9/22/98 301 400- 8204 -8317 Adoption of plans and specifications 00169 N \COUNCIL\PW -OCT06 10 (Monday 9/28/98 3 00 PM) 22 V, W J O A < O n IA1Mf10] 53130N• $OI AMA Onlf •0)1L0 �aa a a a a ! � U. UJ LJ 11 wLJ r JA UL ULILI 3NMONIMYN !0 All] �O NYi �< usl w w w w Y of A v w 2 Y I 1• w O M Ili 1 \f `a < r u1Ya1 - - J < T ® )n•OONOGIY 20 y■ i 8 i Y FYwI w • Y O1 AIIAC •1M1NUNOO i i � ` T' 301 MiiYp i OYli1Y 011w• N y M! lYw 2 It Mi•N u J Y (7MMW( 0 *, AYM O AN1 i701M O WITY II Y a < N OJ w Y w n At 1 1 191 f - < 2 � < 0 N at •Y.l{M Asia $61 n 1 )M 1p z)n1 O as "Llft.m. llll. 7A DUM �� e� 1{ MOO _ 1011•! I�.LL1ltYw y w Y if .IIYOIII.3 ')M •l•) U 1{ ""am 3M 1l)•11 )M IS I.IN 3pM)Y z Y A)qN M 13Y0.1 ODO Om Y ` « NO SWIM n{ W J 11�J��.1�Y'}Y'�7� 1{ OY•11YA fI M _J 1Wf 1{ •1Mp1 ` < 9Y 1)YYIl01l < M i Y ®= lO �Q ®® 11 1i •Glad IIYI) 3 O y • O ® if Y00VMf a 1 9 I tM)Y• ' V N ©® BBK—\e 1{ OY•OM•lf • N ±T if 0I.11 w �w T y E3E3®B 1{ OYMM9I9 f EIBBB 1f 0YO3Y0O u ®� ^ —•Ij11 It •Mlf Yll i a Si 11L� 1f if !1111X! 11!111 •Iql 1lllY1 JR[al Z 3 1 Y is V. wi —• % w U3 It •9311) �1'M'Yq tMO it" 11)f \ :L 0 J `fb _SJ- Y �NpE W b2 O_ A O Of y Q SY l' C. = 1 001 y /0 W� " a EL SEGUNDO CITY COUNCIL MEETING DATE: October 6, 1998 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Award contract to B R Day Construction, Inc , for the construction of a storm drain in the 500 block of Washington Street - Project no PW 98 -4 (contract amount = $148,954 00) RECOMMENDED COUNCIL ACTION: Award contract to the lowest responsible bidder, B R Day Construction, Inc , in the amount of $148,95400 Authorize the Mayor to sign the standard public works construction agreement after approval as to form by the City Attorney Authorize a transfer of $10,000 00 from the previous fiscal year's (1997 -98) annual sewer main repair program INTRODUCTION AND BACKGROUND: The City Council on August 18, 1998, adopted plans and specifications to construct a storm drain in the 500 block of Washington Street and authorized staff to advertise the project for receipt of construction bids DISCUSSION: On September 22, 1998, the City Clerk received and opened the following bids ATTACHED SUPPORTING DOCUMENTS: Location map FISCAL IMPACT: Operating Budget: Capital Improvement Budget: Amount Requested: Project/Account Budget: Project/Account Balance: Account Number: Project Phase: Appropriation Required: (Discussion continues on the next page....) Yes $160.000 00 $150,00000 $145,00000 Date: 9/22/98 301 - 400 - 8205 -8317 Award of contract Yes Transfer of $10.000 00 from account no— i01-400-8204-8317 00171 Page 1 of 2 N \COUNCIL\PW- OCT0611 (Monday 9/28/98300 PM) 23 DISCUSSION: (continued) 1 B R Day Construction, Inc $148,95400 2 Andrew Cedro Construction $158,81400 3 4 -Con Engineering, Inc $163,01800 4 Grbavac Construction, Inc $213,64000 5 Atlas - Allied, Inc $216,48800 6 Zamaniear Construction Engineering $226,28400 7 John T Malloy, Inc $346,04500 Engineer's Estimate $170,00000 The storm drain protect is estimated to cost $160,000 00, including staff inspection costs and construction contingencies, which is $10,000 00 over the budgeted amount Staff is requesting City Council authorization to transfer $10,000 00 from the balance remaining in the previous fiscal year's annual sewer main repair program Staff has venfied that sufficient funds are available in this balance to make the requested transfer of funds No further additional appropriations are anticipated to complete the construction of the protect Staff has verified the low bidder's references and has received favorable responses regarding recently completed similar storm drain projects Staff recommends award of contract to the lowest responsible bidder, B R Day Construction, Inc , in the amount of $148,954 00 Page 2 of 2 00172 N \C0UNCIL \PW- 0CT0611 (Monday 9/28/98300 PM) N 0 W N W JI\II J W V Q 1] N O J .0 O N C T H V � z ry ^ p pF anti JIL h p AT N 14 IM.IOMI M LT f10N1111 ll XO1lMIMT.O if f1 iM.Y 14 TMYOlI 110 if xOM)YO u .0..90 is YalX3a YO .01.9011! li ONNl1Y.X is L."I 1s INWIM 1. 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EKES PHG `pS oT� 2 < U W LL V _ O 00173< n "1 Sal Agin ail 'a yi 6 W� Z U 401111n1 a 3.100X00]1 6.N a.. %"I I w m h z Q F a o z 2 .0)NInY)s � n 1 3M ..O N C).. Xl, O )M )NIY C3M LON Tb f .� 1111)!X.01 )A. .111 u eC3M ,l.lX ` )M Jwou V r Al l]Yn.l 1 -0Y 3NJN..a X1 .s v x N N +f x9 x x•��7 o e x _\ O 0 z C7 W \ LL N O _Y W a � a� N � v N n L ..,. b Not lzX O o ; N I 1 z z z J i Y J 0 Z e 7 6 W F � Lf y 2 $ 0' N J r 131sMW1 Yl 0l � AYM a3N]M Q w u is unT N 0 W N W JI\II J W V Q 1] N O J .0 O N C T H V � z ry ^ p pF anti JIL h p AT N 14 IM.IOMI M LT f10N1111 ll XO1lMIMT.O if f1 iM.Y 14 TMYOlI 110 if xOM)YO u .0..90 is YalX3a YO .01.9011! li ONNl1Y.X is L."I 1s INWIM 1. NN3• of .0013X5 is .X3.1 7s OYIOXIls IS IS as Nnw is a.O..mY f ONO'", if .IN II YI/ Lf 1MI11M. as usu .wol al] u.,. EKES PHG `pS oT� 2 < U W LL V _ O 00173< n "1 Sal Agin ail 'a yi 6 W� Z U 401111n1 a 3.100X00]1 6.N a.. %"I I w m h z Q F a o z 2 .0)NInY)s � n 1 3M ..O N C).. Xl, O )M )NIY C3M LON Tb f .� 1111)!X.01 )A. .111 u eC3M ,l.lX ` )M Jwou V r Al l]Yn.l 1 -0Y 3NJN..a X1 .s v x N N +f x9 x x•��7 o e x _\ O 0 z C7 W \ LL N O _Y W a � a� N � v N EL SEGUNDO CITY COUNCIL MEETING DATE: October 6, 1998 AGENDA ITEM STATEMENT AGENDA HEADING: City Manager AGENDA DESCRIPTION: El Segundo Community Cable status of equipment upgrades and program expansion RECOMMENDED COUNCIL ACTION: Receive and File INTRODUCTION AND BACKGROUND: The City Council requested a staff report on the status of new equipment purchases and program expansion as they relate to the 1998 -99 budget DISCUSSION- Staff will make a 15 minute presentation to City Council using the recently purchased visual presenter, which will greatly enhance viewability over our local channel and in the council chambers Staffs presentation will use overheads, video and verbal means to update both the city council and the community on the improvements and program additions that have taken place or will take place in the near future ATTACHED SUPPORTING DOCUMENTS: Report of new community cable programs and equipment upgrades FISCAL IMPACT: (Check one) Operating Budget: Capital Improv. Budget: Amount Requested- Project/Account Budget: Project/Account Balance Date: Account Number: Project Phase: 981006 esc 9/28/98 2 25pm 00174 Cl) Q V O w tea\ LU U G O 13 W W 2 LU Z O O a 2 W V 00175 L 4 i M ti O C Y V c v R U ti R j: oU eEn eQ 3 _ e°o 2 itl 6 O\ nC. F VJ F tv E :R Vl O. W ,Z ° N G U p U° ar fi L' i O d O N O W 2 C R cc_ v y o C r c m m > o R a o d E s N s 3 m` a E c£ 3 O. > F¢ I i :. m m w m °�' CC R m O d N « Q p m C7 N m> E W « y 7d C t O N u O « T p c w G W � � H r yO R O y •'_" V m N O C N E ar > y C y T 6 � u v c c C V y 0 y C° A C L d Z C T O £ p O y U=> U m N C U O. d o0 N N N L Or y 5 4d. y m 0+ a` r to 00175 L 4 i M ti O C Y V c v R Lf 0 a W J m U CZ L 0 U 0 �Z V LU N W 2 LU �Z V Z 0 a n Z 0 Q. LU a 2 NW c.i 00176 Q i i C b ti Q V d v i v = oo 5° e c U �U �Ll my GO €a F 5 N L C � U E c Uo v aci v is y h o .a F o «Uaws �o riU c p G ^C Vi y h W C O O � c p O W C p y ^'•� U T O p w� U y G C H w L y s m ;? w o :. d o un .0 CL L a 4 a z •o L iL d a 00176 Q i i C b ti Q V d v i v W I.L V `a r W a_M a LLI �W a Z 5� L O 0 Z W W co LU a a U LL V 00177 L Y N E-S Y U $so o 5 co 0 •� U" U °� u c p p y o o `m, « u « =❑ u C�� U o� E L` a d y o � m sv a ri a E c U n 3 a o E d o h v m � o vi LT t u E❑ a m N r m > E C. u m s w o m m o .- 9 i C tJ G N bq V d p .0 d N C c E ?> u U eo sNS a F m E$ c'm o m m a u E uj c. u E 2 L cc o v 3 vv11 D+ Vi O 4 3 2 w C n v �. ❑ O w �! O C •C/F.i�' Q. d W �V L T d N C C 0.5 aci N y° v O E eC 'O o m °° c 3° o v W O V= 0 T vi :5 N C M oF ° oo cs rn W e 2v«i •v v` mF.c c E z d m �� e A r •C N C 'O= N Q y U D E� O C N .+ cc 5: N W 'U N =O AOO. C E` E O� to C N C m d O Op o E m m" o =" •o ° oo O C " O C C lO a° c d Q a A `o Y L N \ C Y p L cc c 0. A CL GO A ^C r 00177 Justification for a Footprint Map of Business in the North and South East Quadrant I am requesting that we direct staff to bring back to us the steps and cost, if any, necessary to create a footprint map of the business district east of Sepulveda known as the North and South East Quadrants of the city There are many reasons and uses for this map, not the least of which is the preparation for the updating of the circulation element we are about to undertake Just some of the other applications for this map would be. 1. Use for business tax committee to estimate tax base. 2. Communication for notification in hearings for GPA 3 Examination of flow between business license department and planning 4 The base for GIS data base 5. Better perception for the Planning Commission as they consider projects of what borders them 6. An ability to see business groupings and traffic intense uses 7. An overlay of potential hazardous uses for Fire 8, Disaster Preparedness Program 9. Economic Development tool to know where potential businesses can be placed and what retention visits need to be made 10. Help in speeding the processing of permits 11. Creating a realistic look at the economic portion of the potential build out of these areas 12. A consideration of those businesses or vacant parcels that may need to be given consideration in circulation relief or non - conforming status upon revision of the circulation element I'm sure there are many more uses for such a map It is my feeling that we should this project as soon as possible to help with the consultant that will be hired help us with the circulation element and for that reason I would Ike to see direction given this evening Thank you for your consideration- Councdmember Nancy Wernick r ,' 179 25 EL SEGUNDO CITY COUNCIL MEETING DATE: October 6, 1998 AGENDA ITEM STATEMENT AGENDA HEADING: NEW BUSINESS AND REPORTS - CITY COUNCIL AGENDA DESCRIPTION: Donation of computers for Sister City Guaymas RECOMMENDED COUNCIL ACTION: Approve donation to Sister City Guaymas INTRODUCTION AND BACKGROUND: During our recent Sister City Visit there was an opportunity to talk with Mayor Sara Valle Dessens about some of the needs of our Sister City Guaymas One of their needs is in the area of computers Our Planning Department has replaced four computers with new computers These 386s/486s appear to be in useable condition Additionally, our Fire Department has some Macintosh computers as well as a couple of PCs, which also appear to be in working condition These computers are intended to be used as word processors in Guaymas city government offices and in their schools In our discussions with Mayor Sara Valle Dessens, we have asked her to investigate the mechanism for getting the computers to Guaymas, at no cost to the City of El Segundo In discussions with our then Interim City Manager, Tim Grimmond, our City Manager, Mary Streen and Dave Gray, Acting Information Services Manager, we have determined that these computers hold little or no value at auction DISCUSSION, ATTACHED SUPPORTING DOCUMENTS: FISCAL IMPACT: (Check one) Operating Budget: Capital Improv. Budget Amount Requested: Project/Account Budget: Project/Account Balance: Date: Account Number: Project Phase: Sandra Jacobs, M Pro Tem �0 September 30, 1998 26 16 Oral presentation by Mr Mike Rudmica of Robert Bein, William Frost and Associates on the status of the City's Water Well Project Recommendation - Receive report. 00180 27 CITY OF EL SEGUNDO INTER - DEPARTMENT MEMORANDUM DATE September 22, 1998 TO Tim Gnmmond Interim City Manager FROM Mike Gordon Mayor SUBJECT Oral Presentation on City Water Well Project Please place an agenda item under my name for the October 6, 1998 City Council meeting for an oral presentation on the status of the City's Water Well Project The presentation will be made by Mr Mike Rudinica of Robert Bem, William Frost and Associates BKD dr N NEMOMTRWELL MG ################# # # # # # # # # # # ## # # # # # # # # # # # # ## # # # ## 00181 !135 qllooi� MM 01 ElSeaundo Proposal The object of this proposal is to tell you about Main Street America Productions, Inc. and outline our ideas concerning not only the development, growth and prosperity of the downtown business district, but also to establish year -round events designed to- 1 bring in outside retail support, 2. help showcase El Segundo to potential prospective corporations, and finally, 3 provide much needed entertainment and fund raising opportunities for both the citizens and civic groups of El Segundo, while representing its illustrious past, present and future. *All mtormauon included in this proposal rs the property of Main Street America Productions Inc 1 00183 Main Street America Founded in 1992 as an effort to bring family entertainment back into an industry better known for wet t -shirt contests and con games, Main Street America began developing and producing everything from auctions to car shows to the internationally renowned Corsa MotoClassica Vintage Motorcycle Racing Championships. Our company has thrived at a time when other promoters and production companies have closed, by keeping our goals directed towards providing fun filled family events in a professional manner. For the past two years we have experienced great success with our "Partnership Amenca" program designed to help revitalize a once great American tradition; Hometown Main Street. We accomplish this by meeting with the downtown business groups, City Council representatives and residents to develop events custom tailored to showcase the qualities that make their community unique. Our company has branched out to provide not only a professional product, but helping promote the cities we work with through all forms of media including developing and maintaining community based websites. 2 00184 After initial research and input from many facets of the community, we propose the following events, or combinations thereof, as part of our proposal for El Segundo. 3 00185 El Segundo Heritage Day's Festival Remember a time when the Tshumash Indians roamed the sand dunes, or when the rough riding, wildcat oilmen searched for black gold and founded the largest refinery of its kind What was life like for those intrepid pioneers9 How did they live? What did they do for entertainment? And looking into the more recent past, to the early days of El Segundo, back to when a handful of settlers decided to build the great town that we live in today At Main St America Productions, Inc, we are proud to announce that we have found a way to answer these questions by starting another great tradition that we call El Segundo Heritage Day's Festival What we propose is a day that starts off with a parade down Main Street of real cowboys and Indians in their authentic attire, showing off their roping and riding skills, alongside wildcat oilmen tending to one of their fascinating ngs (We would also encourage local civic and community groups to participate by providing floats, high school marching band, etc ) Off to the High School football field, where the celebration has already begun An authentic western rodeo full of roping, ndmg and wrangling, a cowpunchers delight, Or maybe you'd like some hickory smoked barbecue or Indian fry bread? And here's a great place to find that authentic kachma doll or ten - gallon hat you've been lookm' for Follow it up with early El Segundo arts, crafts and a wildcat drilling display, and you've got a day packed full of family fun entertainment And then to the evening, for the Indian Pow Wow Under the stars, you hear the rhythmic beating of tribal drums, while taking center stage, several of the best traditional Indian dancing groups in the country put on a competitive display of dance and story telling, taking you back to our earliest beginnings All festivities would require strong support of the city government and offices, from both the Mayor and the City Council, to be involved in announcing and guest commentating on the events 4 00186 Farmer's Market After extensive market research, it has come to our attention that El Segundo is in dire need of a Farmer's Market. What we would recommend is an open air market that would include not only produce, dairy and baked goods, but also various sundry and special interest items currently unavailable to residents on the central and west end of town. It would be our suggestion to run the Farmer's Market as a weekly or bi- monthly event. Main Street America Productions would also be available to assist the City in the development and implementation of other similar events as needed. Main Street America Productions would also invite El Segundo's non - profit and youth athletic groups to participate in these events and assist them in developing long term profitable vending opportunities Main Street America would also be available to assist the City in developing, maintaining and revitalizing its existing events. 5 00187 Dine & Dance Spoon and swoon while some of the best swing bands croon dust for you at El Segundo's fine food and swing music festival. Let's go back to the time when our city's factories were busy building those amazing cars and airplanes that not only helped our country in the war, but also helped move us along our way. We propose an afternoon until the early evening (2:00 p.m. until 9:00 p.m.), where we would close down Main Street from Grand Avenue to Pine Street and fill it with booths from the finest eateries that our City and the South Bay have to offer. And in the middle of it all, a stage and dance floor for dancing, listening and enjoying some of the sounds, smells and sights from this exciting part of El Segundo history. 6 00188 Main Street Cruise Next, we celebrate the 50's, 60's and 70's in what has quickly become one of the three largest car shows in California. Come join us again as we rock, roll and stroll down Main Street and check out some of the most beautiful cars and motorcycles in the world as they compete for the right to claim the coveted Best of Show trophy. And we'll really turn your head as these beautiful cars play `Beat the Clock" in our first annual Time Trial! All this along with vendors, exhibitions and plenty of other interesting sights for the whole family to enjoy. 7 00189 Starlight Festival (Mayor's Charity Ball) And finally ... the future. A time to look ahead to where our city is going. A chance for all of El Segundo to put on their finest and celebrate our illustrious accomplishments in aerospace. Imagine the excitement of walking down Main Street with your family while you observe some of the most beautiful vintage airplanes and aerospace displays in the world. Then off to an evening of auctions, dining, dancing, laughing and as an added bonus, an opportunity to support the noble causes in the Mayor's chanty foundation. A beautiful starlight gala supported by our famous aerospace companies and our prestigious air force base. We'll dance away the hours while we look to the future! 00190 e As part of Main Street America's support of El Segundo, we have taken a close look at the existing events and have discovered what we feel are some excellent ways of augmenting them. Some of these changes would be helping "fine tune" our 4`h of July celebration with activities designed to provide fun and involvement for the adults as well as the young people of our community. In addition, we believe we have found a way to bring back the magic to the Christmas parade and turn it into a holiday fantasy. Imagine the wonder in the children's' eyes when the City Council and their families whisk down Main Street with only the twinkling white lights in the trees to guide their way As they arrive at the grandstand, the loud speakers go up and the streetlights go down. On a cue from the Mayor, the holiday magic begins! The Christmas tree is lit and the Mayor calls out for the parade to commence. A truly magical evening filled with competition marching bands from colleges and high schools and floats from local businesses, community civic and sports groups, followed by Santa in his Kiwanis Club sleigh. Christmas has come to El Segundo! 9 00191 Along with representing El Segundo's Past, Present and Future, we feel we are incorporating all of the many diverse business clusters and providing an opportunity for them to participate in the community that they are so much a part of. At Main Street America Productions it is our experience that it takes an average of 3 -5 years for events to become successfully established. What we propose is a 5 year contract with a value of $120,000 per year for which Main Street America will not only develop, establish, manage and promote the aforementioned events, but will also work with community groups, non - profit organizations, service and youth groups. In addition, Main Street America Productions will act as on -call consultants for any other production or promotional needs the city might require. Our desire as lifelong residents of El Segundo is not only to run a successful business, but also become an integral part of the city's economic development and community revitalization plans. We would ask that you consider our proposal as soon as you can, as it takes an average of 8 -10 months to develop some of our events. Thank you very much, Pete Zalabak, Director Main Street America Productions Approved By Mayor Mike Gordon Mayor Pro -Tem Sandra Jacobs Councilmember John Gaines Councilmember Kelly McDowell Councilmember Nancy Wemick 10 00192 CITY OF EL SEGUNDO INTER - DEPARTMENTAL CORRESPONDENCE DATE: September 30, 1998 TO: City Council Members FROM: Mike Gordon, Mayor SUBJECT: Senior Task Force Requests The Senior Task Force at their resent meeting had two recommendations for which they are seeking council approval at this time • A request to expand the present market trip program to include a weekly shuttle to the Lucky Market in Manhattan Beach There has been much interest expressed in the community for this expanded service Would be paid for with Proposition A Funds, at an annual cost of $900 Need council approval to adjust budget and request program expansion from Los Angeles County • Produce a direct mailer to senior citizens, informing them of key services available to El Segundo residents Mailer to include a phone sticker with a "Help Line" phone number for easy reference Would require a budget increase of $2,300 to Joslyn Center budget for printing and postage In conclusion, the Senior Task Force is in the process of preparing a final report which will be submitted to the City Council in the near future JF mt c Jim \mayor stf 0020, 2 30 Barbara Kirby, the City's Library Director from 1969 to 1988 recently passed away and the Friends of the Library have established The Barbara Kirby Memorial Fund All donations will be used to purchase books in her memory for the Library To make a donation, please contact the Friends nO?q3 31 CITY OF EL SEGUNDO INTER - DEPARTMENT MEMORANDUM DATE October 1.1998 TO My Fellow Councilmembers FROM Mike Gordon Mayor SUBJECT Cassidy and Associates Proposal Attached for your information Is a copy of a proposal from the firm of Cassidy and Associates to provide lobbying services for the City I have requested that the Item be placed on the October 6, 1998, City Council agenda It is my desire to discuss the proposal and possibly take an action MG dr N WIEMOS\CASSIDY ES 110193 29 09/90/98 12:59 FAX 2029472646 CASSIDY &ASSOCIATES JAMES P FABIANI vice Chairman Presidenr & GEO Honorable Michael Gordon Mayor City of El Segundo 350 Main Street El Segundo, CA 90245 Mr. John Games Councilman City of El Segundo 350 Main Street El Segundo, CA 90245 Dear Sirs September 28, 1998 IA 02 I appreciate you and your colleagues taking the time to meet with Al Gordon, Valerie Osborne and myself to discuss ways in which Cassidy & Associates can work with the City of El Segundo to establish successful partnerships with the federal government. We enjoyed our discussion and look forward to the opportunity of working with you to pursue a number of the City's short- and long -term infrastructure and economic development goals With this letter I would like to provide information about the manner In which Cassidy & Associates would propose to work with the City of El Segundo. As we discussed, it Is important to begin working ASAP in order to best position ourselves with the legislative and appropriations agenda for the l 06a' Congress as well as to initiate efforts with the Executive Branch and federal agencies regarding the President's FY 2000 budget. CMs= & ASSOCIATES —A TEAM APPROACH Cassidy & Associates operates using a team approach that has been refined over the past twenty -four years. The City of El Segundo will be assigned a "core team" of four to five individuals who will develop and implement a government affairs program on its behalf. This team will serve as the primary daily point of contact for the staff of the City of El Segundo and will help to provide a unified voice to Capitol Hill and various executive agencies An limploym Owned Campnnv 700 THIRTEENTH STREET, NW, SUITE 400 WASHINGTON, DC 20005 -5917 Telephone= 202/347A773 Fax. 2021347 -0785 00194 09/90/98 12 59 FAX 2029472848 September 28, 1998 Page Two They will not, however, be the only individuals working on behalf of El Segundo's interests. The full knowledge, expertise and working relationships of the entire firm will be utilized on behalf of the City. Individuals will be brought onto the core team when their political experience or policy expertise will have the most impact. Examples of potential core team members include: ■ GABOR J. RozA - Mr Roza has nineteen years of experience in the Executive and Legislative Branches of government, including nearly ten years with the Committee on Public Works and Transportation of the U.S. House of Representative. Prior to his work on Capitol Hill, Mr. Roza spent ten years in the headquarters of the U.S. Army Corps of Engineers, serving the last five years as Assistant Counsel for Legislation_ ■ DANIEL J. McNAmARA — Prior to joining Cassidy & Associates in 1989, Mr. McNamara spent fourteen years in the United States Senate, most recently as a key policy advisor and Legislative Director to U.S. Senator Dave Durenberger (R -MN). Mr. McNamara served as the Senator's staff person on the Senate Committee on Environment and Public Works, where he specialized in transportation and infrastructure issues. ■ JouN S. DOYLE, AL — Mr. Doyle served for more than fifteen years in senior staff positions in the U S House of Representatives, including Chief of Staff to the Committee on Public Works and Transportation; Chief Counsel to the Committee on Science, Spare and Technology, and Minority Counsel for Water to the Committee on Public Works and Transportation. Mr. Doyle also served as Principal Deputy Assistant Secretary of the Army (Civil Works) and as Acting Secretary of the Army (Civil Works) during the Reagan and Bush administrations ■ MARTY Russo — Mr. Russo represented the Chicago -based Thud District in the House of Representatives for eighteen years, distinguishing himself by his involvement in public policy issues such as energy, tax policy, Federal budgets, health care, environmental policy and trade. Mr. Russo served on the House Commerce Committee and was on the Subcommittees on Oversight and Investigations, Energy, Telecommunications, and Transportation. During his congressional tenure, Mr. Russo also served on the House Ways & Means Committee, the House Budget Committee, on the House Judiciary Committee and was the Deputy Democratic Whip of the U S. House of Representatives_ 00195 M 1a03 09/90/98 12 59 FAX 2023472848 IM04 ti September 28, 1998 Page Three ' ■ DAN TATE, JR. —Prior to joining Cassidy & Associates earlier this year, Mr. Tate served as a Special Assistant to the president of the United States for Legislative Affairs. Prior to his work at the White House, Mr. Tate was the Deputy Assistant Secretary for House Liaison at the U.S. Department of Energy and a former Legislative Director for U.S. Representative W J ' Billy" Tauan (D -LA). ■ W_ CRRI5TOPHER LAMOND - Mr. Lamond served as Legislative Correspondent for U.S. Senator Fred Thompson (R -TN) from December 1994 through 1997 where he researched and tracked Iegislation on health care, the environment, the Federal budget, taxes, banking, labor and education. During his tenure he developed strong and effective ties to the Senate Republican delegation. CASSIDY & ASSOCIATFS- THE PROCESS Cassidy & Associates believes that for clients to be successful and achieve their objectives relative to the federal government, they must have a basic government relations program that establishes and maintains an ongoing effort and presence among key decision - makers in the U.S. government. These decision - makers include Members of both Houses of the Congress and their staffs, and employees of a number of key federal agencies. To accomplish this, we begin working with our clients by fully assessing their priorities and opportunities through a needs assessment or "Resource Inventory" process. While that process continues to evolve over the course of a relationship, we focus our activity within the first 30 days in order to make a series of recommendations about specific initiatives we would pursue and the level of federal support that should be targeted for development. This is followed the effective implementation of a well-design government relations plan. The key elements of this plan include 1. NEEDS ASSESSMENT/RFSouRCE INVENTORY We will conduct a series of interviews on site to determine the needs and goals of the City, including the details and nuances of the priority projects 2. MESSAGE DEVELOPMENT Following the Resource Inventory, we will work to develop a clear and concise set of messages on the City's priority initiatives. These messages will be used to promote the initiatives in Congress and within the Administration. 00196 09/90/98 12.59 FAX 2029472848 September 28, 1998 Page Four 3. STRATEGY DEVELOPMENT (a 05 W � M x. W nyn �, wy�naMt We will develop a comprehensive strategy for pursuing the City's short- and long- term goals. Key strategic activities include_ • Defining the imtiative(s); • Identifying multiple and redundant, as well as diverse potential sources of funding/partnership within the federal government; • Providing the appropriate justification for the initiative's request for funding; and • Identifying and working with the key members of Congress who will be mstrumontal in the consideration and ultimate passage of the specific legislative vehicle(s). 4. LEGISLATIVE ACTIVITIES Key initial activities we will undertake on behalf of the City include- • Writing Case Statement documents that describe in greater detail the elements of the initiative(s) as well as ajustification for funding; • Designing the legislative strategies that would position our clients to attract federal dollars for the partnership, and • Working with the City through both the legislative process and the grant approval and release process with the Federal agencies. 5. MATERIALS DEVELOPMENT In addition to the "Case Statement," we will work with the City to prepare other materials that can augment our efforts on Capitol Hill (i.e., fact sheets, white papers, third -party testimonials, letters, and draft bill language). 6. CONGRESSIONAL COALITION BUILDING We will work to identify key Members of Congress to act as "champions" for the City's priority initiatives. We will also work to build a network of support for the initiatives both within the California Delegation (including the individual who ' will replace retiring Representative Jane Harman) as well as the Congress at large. 7. THIRD -PARTY ALLY DEVELOPMENT We will work with the City to build a coalition of third -party allies from among key state and local constituencies, for example, the local business community (e.g., Mattel, Xerox, Unocal, Hughes and CSC). 00197 09/90/98 12:59 FAX 2029472646 September 28, 1998 Page Five Finally, an important element of any successful governmental relations strategy is the active involvement of the client in the process. To ensure the greatest degree of participation by the client as well as the greatest degree of support from Members of Congress, we conduct twice yearly visits to Capitol Hill At this time a small group of representatives from the client and its base of supporters come to Capitol Hill to present their initiative(s) and to interact personally with their supporters. i) SCOPE OF WORK Though I do not wish to prejudge our Resource Inventory, our discussion led us to believe that the City's priority initiative and therefore the focus of our legislative efforts is the Douglas Street Extension. We believe that there are several opportunities for the City to pursue federal partnerships for this initiative. DouGLA.S STREET EXTENSION It is clear that the completion of the Douglas Street extension is a top priority. The City of El Segundo is undergoing aggressive economic development east of Sepulveda Boulevard and north of Rosecrans Avenue This commercial development, as well as conversion of defense industries to civilian employment is projected to continue. The result will be increased vehicular and pedestrian traffic needs. The extensi on of Douglas Street provides critical access to El Segundo's employment center and will be key to the continued economic development of the City. In fact, without the extension, continued economic growth would become virtually impossible As a result, Cassidy & Associates proposes to work with the City to secure federal funds for the extension of Douglas Street in fiscal year 2000. Potential legislative vehicles include_ • FY 2000 Department of Transportation Appropriations • FY 2000 Department of Defense Appropriations; Base Realignment and Closure • FY 2000 Department of Housing and Urban Development Appropriations; Economic Development Initiative • FY 2000 Department of Commerce Appropriations; Economic Development Administration • TEA -21 Technical Corrections Authorization 1 11 00198 a 06 , ...,I -. .1. 09/30/98 12 59 FAX 2023472646 September 28, 1998 Page Six HISTORY AND BACKGROUND 07 The Cassidy Companies, Inc. is an employee owned network of public affairs firms providing government relations, public relations, public opinion research and constituency development services_ Now in our 20 year of operation, the firm employs approximately 200 individuals, including over 70 government relations professionals to assist our clients in obtaining their legislative and regulatory goals At the core of the Cassidy Companies is Cassidy Sr. Associates. Cassidy & Associates provides a full range of strategic and tactical counseling, issues monitoring and legislative services on behalf of our clients. Our approach is different than most other government affairs funs and this distinction makes us well suited to provide services to the City of El Segundo. We have made it our business to bring a strategic approach, informed by substantive expertise, to the political market_ Accordingly, on behalf of our clients, we often play a leadership role in developing proactive approaches for achieving broad public policy objectives. Cassidy & Associates' successes on behalf of its clients flow directly from a unique combination of political awareness, communications expertise, legislative acumen and an understanding of the nature and function of the federal government. It will be our objective to work with the City of El Segundo to enter into funding partnerships with the federal government and to create for the City a strong and consistent voice in Washington. CONSIDERATION Our fees arc based on the scope of the engagement and the complexity of the assignments The fees and time period established are based upon our assessment of the amount of time and resources it will take to develop and execute projects on your behalf I have reviewed the City's sample agreement for professional services, not including the referenced exhibits, and do not anticipate any problems in our ability to proceed Again, I appreciate having the opportunity to learn about the specific needs of the City of El Segundo. I believe we can play a significant role in the City's government relations efforts and are eager to begin work on your issues_ If you have any concerns or questions, please feel free to contact me at 2021737 -6037. 00 iss 10/01/98 12:39 FAI 2023472848 MEMORANDUM 1_ , 0: $overable Michael Gordon Mayor City of El Se FROM: James P. F i DATE: October 1, 1998 RE: Cassidy & Associates Fee Structure M Please accept the following as an addendum to our proposal letter of September 28, 1998. As we outlined, our fees are based on the scope of the engagement and the complexity of the assignments. The fees and time period are based upon our assessment of the amount of time and resources it will take to develop and execute the specific pmject(s) on your behalf. We use a number of criteria to determme the fee level. These include: yl • the amount of knowledge of the goverment decision- making process, its participants and its criteria, that federal and state government's use for making policy decisions. • the amount of strategic advice and execution of actions that will be required to pursue the desired objectives. the difficulty of the task at hand including the amount of effort and credibility that our firm must extend in order to give our client the very best effort and opportunity. • the volume of internal resources, including the senior people of the firm and the credibility of their years of service in the government and in this business. • the potential value of the objectives to our client. In this case, we propose to provide consultant services for the period of one (1) year, commencing on October 15, 1998 and terminating on October 14, 1999 in consideration for the payment of fifteem thousand Dollars (S 15,Wo) per month plus expenses. () 02P0 10/01/98 12:39 FAI 2029472848 1403 Cassidy &Associates shall make a statement of expenses to the City of El Segundo at the end of each month for expenses incurred during the previous month. Out - of- pocket expenses for travel, entertainment and other direct charges will be billed separately. A standard overhead charge covering all other expenses such as telephone, faxing, and duplicating, in the amount of four point two percent (4.2 %) of fee billing will be added to the monthly invoice. In its capacity as a consultant, Cassidy & Associates shall make its best effort to assist the City in pursuing its business and government affairs objectives with regard to the Douglas Street Extension. ^zO r