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1999 OCT 05 CC PACKETAGENDA EL SEGUNDO CITY COUNCIL COUNCIL CHAMBERS - 350 Main Street The City Council, with certain statutory exceptions, can only take action upon properly posted and listed agenda items Unless otherwise noted in the Agenda, the Public can only comment on City- related business that is within the jurisdiction of the City Council and/or items listed on the Agenda during the Public Communications portion of the Meeting Additionally, the Public can comment on any Public Hearing item on the Agenda during the Public Hearing portion of such item The time limit for comments is five (5) minutes per person, Before speaking to the City Council, please come to the podium and state Your name and residence and the organization you represent, tf desired Please respect the time limits Members of the Public may place items on the Agenda by submitting a Written Request to the City Clerk or City Manager's Office at least six days prior to the City Council Meeting (by 2.00 p m the prior Tuesday) The request must include a brief general description of the business to be transacted or discussed at the meeting Playing of video tapes or use of visual aids may be permitted during meetings if they are submitted to the City Clerk two (2) working days prior to the meeting and they do not exceed five (5) minutes in length In compliance with the Americans mth Disabilities Act, if you need special assistance to participate in this meeting, please contact City Clerk, 607 -2208 Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting ADJOURNED REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, OCTOBER 5,1999 - 5:00 P.M. CALL TO ORDER PLEDGE OF ALLEGIANCE — Councilmember Nancy Wernick ROLL CALL PUBLIC COMMUNICATIONS - (Related to City Business Only 5 minute limit per person, 30 minute limit total) individuals who have received value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so identify themselves prior to addressing the City Council Failure to do so shalt be a misdemeanor and punishable by a fine of $250 CLOSED SESSION: The City Council may move into a closed session pursuant to applicable law, including the Brown Act (Government Code §54950, et seg.) for the purposes of conferring with the City's Real Property Negotiator; and/or conferring with the City Attorney on potential and/or existing litigation, and /or discussing matters covered under Gov't Code §54957 (Personnel), and/or conferring with the City's Labor Negotiators as follows GQI - CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Gov't Code §54956 9(a)) 1 Chaney v City of El Segundo, LASC Case No. BC 207453 2 Stier v City of El Segundo, LASC Case No. YC 034617 3 El Segundo v Stardust, LASC Case No YC 031364 4 David Venegas, et al v County of Los Angeles, et al, LASC Case No. BC 207136 5 Hill v El Segundo, USDC Case No CV 98 -1463 6 In re Michael Langley, Los Angeles County Civil Service Commission No 98 -229 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Gov't Code §54956.9(b). -1- potential cases (no further public statement is required at this tune), Imtiation of litigation pursuant to Gov't Code §54956 9(c) -2- matters DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957) — None CONFERENCE WITH CITY'S LABOR NEGOTIATOR - (Gov't Code §54957 6) — None CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8) — None REPORT OF ACTION TAKEN IN CLOSED SESSION (if required) SPECIAL ORDER OF BUSINESS — Interview candidates for LAX Master Plan Advisory Commission. Recommendation — Interview and announce appointments. ADJOURNMENT POSTED: DATE i TIME , n NAME 1005995p 002 EL SEGUNDO CITY COUNCIL COUNCIL CHAMBERS - 350 Main Street The City Council with certain statutory exceptions, can only take action upon properly posted and listed agenda items Unless otherwise noted in the Agenda, the Public can only comment on City- related business that is within the jurisdiction of the City Council and /ot items listed on the Agenda during the Public Communications portion of the Meeting Additionally, the Public can comment on any Public Hearing item on the Agenda during the Public Hearing portion of such item The time limit for comments is fn a (5) minutes per person Before spenAing to the City Council, please come to the podium and state Your name and residence and the organization you represent rf deemed Please respect the time limits Members of the Public may place items on the Agenda by submitting a Written Request to the City Clerk or City Manager's Office at least six days prior to the City Council Meeting (by 2.00 p m the prior Tuesday) The request must include a brief general descuption of the business to be transacted or discussed at the meeting Playing of video tapes or use of visual aids may be permitted during meetings if they are submitted to the City Clerk two (2) working days prior to the meeting and they do not exceed five (5) minutes in length In comphanctt o nh the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact City Clerk, 607 -2208 Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this mcehng. REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, OCTOBERS, 1999 - 7:00 P.M. Next Resolution # 4133 Next Ordinance #1314 CALL TO ORDER INVOCATION — Elder Linda Barentme, Reorganized Church of Jesus Christ of Latter Day Saints PLEDGE OF ALLEGIANCE — Councilmember Nancy Wemick PRESENTATIONS (a) Commendations to Northrop - Grumman, Integrated Systems and Aerostructures, Western Division, Raytheon Systems Company, Sensors & Electronic Systems, and the City of El Segundo for their dedicated attention to implementing programs in waste reduction and in recognition of their receipt of Waste Reduction Awards Program certificates from the State of California HH11c] (b) Certificate of Appreciation presented to Charles O'Hearn for his contribution to the community as a member of the Planning Commission from September 13, 1997 to August 4, 1998, to Steven J. Edlefsen for his contribution to the community as a member of the El Segundo Senior Citizen Housing Corporation Board from August 7, 1995 to June 30, 1999, to Charles Louis Pulci for his contribution to the community as a member of the El Segundo Library Board of Trustees from July 10, 1996 to June 30, 1999, and to Tim Norland for his contribution to the community as a member of the El Segundo Senior Citizen Housing Corporation Board from June 16, 1998 to October 5, 1999 (c) Proclamation declaring the observance of the 23RD ANNUAL RICHMOND STREET FESTIVAL from 10 a in to 5 p.m , Saturday, October 16, 1999 and encouraging the community to join in the celebration. (d) Proclamation declaring the week of October 3-9,1999 as FIRE PREVENTION WEEK, observing Sunday, October 10, 1999 as FIRE SAFETY DAY IN EL SEGUNDO, and inviting the community to participate in Fire Safety Day festivities at Recreation Park from 10 00 a in to 1 00 p in on Sunday, October 10, 1999 (e) Proclamation encouraging participation in the American Heart Association's South Bay Heart Walk 5K, starting at 8.30 a.m., at Torrance Memorial Family Medical Center in Manhattan Beach on October 16, 1999 ROLL CALL PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit per person, 30 minute limit total) Individuals who have received value of $50 or more to communicate to the City Council on behalf ofanoiher, and employees speaking on behalf of their employer, must so identify themselves prior to addressing the City Council Failure to do so shall be a nusdemeanoi and punishable by a fine of$150 (f) Request by Sabrina Huertas, President of World Walk Foundation for Breast Cancer, an El Segundo -based non -profit organization, for City Council, for a waiver of fees, and for support and assistance in a 4 Mile Walk- A -Thon through El Segundo on October 31, 1999 Recommendation — Approve request. (g) Request by Gina Hoffman, Chairperson of St. Anthony Catholic Church annual carnival to be held October 22 -24, 1999 on parish grounds, for waiver of carnival permit fee and electrical permit charges, and for community support of the event. Recommendation — Approve request. (h) Presentation by Mel Zeldin, Assistant Deputy Executive Officer of Applied Science and Technology Advancement at the South Coast Air Quality Management District, on the status of LAX Ambient Air Monitoring Efforts Recommendation — Receive and file report. A. PROCEDURAL MOTIONS Consideration of a motion to read all ordinances and resolutions on this Agenda by title only Recommendation - Approval. 004 B. SPECIAL ORDERS OF BUSINESS - NONE C. UNFINISHED BUSINESS - NONE D. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS — Announcement of appointments to LAX Master Plan Advisory Commission E. CONSENT AGENDA All items listed are to be adopted by one motion without discussion and passed unanimously If a call for discussion of an item is made, the item(s) will be considered individually under the next heading of business 2 Warrant Numbers 2505336- 2505647 in total amount of $968,978 46, Warrant Numbers 2505648- 2505770 in total amount of $308,32136, and Wire Transfers in the amount of Recommendation - Approve Warrant Demand Register and Authorize staff to release. Ratify: Payroll and Employee Benefit checks; checks released early due to contracts or agreements; emergency disbursements and/or adjustments; and wire transfers from 09/10/99 to 09/24/99. City Council meeting minutes of September 21, 1999 Recommendation - Approval. Request for approval to purchase electronic sound amplification components for City Council Chambers at a cost of $8,405.00 to be funded from FY 98 -99 Government Buildings account #001- 400 - 2601 -8104 Recommendation — Approve purchase and installation. Change Order No. 1 to Insituform Technology, Inc. for the trenchless rehabilitation of a 12" sewer main west of Main Street between Walnut and Maple Avenues. Recommendation — Approve Change Order No. I in the amount of $29,624.75. hicentive funding agreement between the City of El Segundo and the County of Los Angeles for a County grant of $5,000.00 for pavement testing of Douglas Street between El Segundo Boulevard and Alaska Avenue Recommendation — Approve agreement and authorize the Mayor to execute the agreement on behalf of the City. Amendment to existing Contract #2640 extending the professional services contract with Cassidy & Associates for a period of four (4) months at a cost of $15,000 per month from FY 1999 -2000 Budget (No 001- 400 - 2901 - 6407). Recommendation — Approve extension and authorize Mayor to execute amendment following review by City Attorney as to form and content. 005 Approval of three separate amendments to existing Professional Services Agreements between the City of El Segundo and Hannah Bondial -Bowen Associates ($17,200), Willdan Associates ($22,100), and, Tina Gall Associates ($5,800); to continue contract planning support services to the Planning Division of the Planning and Building Safety Department, throueh the current 1999 -2000 Fiscal Year Recommendation — 1) Approve the following Professional Services Contract Amendments for: (a) Hannah Brondial -Bowen Associates: Amendment Number 2 to (b) Willdan Associates: (c) Tina Gall Associates: Contract Number 2666, in an amount not to exceed $17,200; Amendment Number 2 to Contract Number 2669, in an amount not to exceed $22,100; Amendment Number 3 to Contract Number 2523, in an amount not to exceed $5,800; and 2) Authorize the Mayor to execute each contract amendment on behalf of the City. CALL ITEMS FROM CONSENT AGENDA F. NEW BUSINESS - G. REPORTS - CITY MANAGER - NONE H. REPORTS — CITY ATTORNEY - NONE I. REPORTS - CITY CLERK - NONE J. REPORTS - CITY TREASURER - NONE K. REPORTS - CITY COUNCILMEMBERS Councilmember McDowell - NONE Councilmember Gaines - NONE Councilmember Wernick — NONE Mayor Pro Tern Jacobs - NONE Mayor Gordon —NONE PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit) Individuals who have received value of S50 or more to communicate to the City Council on behalfofanother, and employees speaking on behalfof their employer, must so idenirfi, themselves prior to addressing the City Council Failure to do so shall be a misdemeanor and punishable by a fine of $250 MEMORIALS 006 CLOSED SESSION The City Council may move into a closed session pursuant to applicable law, including the Brown Act (Government Code Sec 54960, et seg ) for the purposes of conferring with the City's Real Property Negotiator, and /or conferring with the City Attorney on potential and/or existing litigation; and/or discussing matters covered under Government Code section 54957 (Personnel), and/or conferring with the City's Labor Negotiators, as follows Continuation of matters listed on the City Council Agenda for 5 00 p in , October 5, 1999 under "Closed Session" (if needed) REPORT OF ACTION TAKEN IN CLOSED SESSION (if required) ADJOURNMENT POSTED DATE �= TIME _ NAME ; 100599ag 007 City Manager, El Segundo 350 Main Street El Segundo, CA 90245 Dear Ms. Strenn, Sept. 1, 1999 The World Walk Foundation for Breast Cancer is an El Segundo - based nonprofit 501(c)(3) organization dedicated to the education and research of breast cancer. We are funding the Walk Around the World to help us raise global awareness about breast cancer. Polly Letofsky began the Walk Around the World August 1, 1999 in Vail, Colorado. She is currently headed west towards El Segundo, California before flying to the South Pacific. She will continue the Walk through New Zealand, Australia, Southeast Asia, China, Central Asia, and Europe. Polly will then return to the United States, completing her walk in the year 2003. She will be the first woman to circumnavigate the globe - via foot. This feat will involve a walk of 18,000 miles, four continents, and 25 countries. October is Breast Cancer Awareness Month, and the World Walk Foundation for Breast Cancer would like to invite the local communities to join Polly Letofsky on the last U.S. leg of her Walk Around the World. We are proposing a 4 Mile Walk -A -Thou on October 31 through El Segundo, in an effort to raise breast cancer awareness, raise funds for breast cancer research and education, as well as bring some media attention to our hometown. I am enclosing a Preliminary Traffic Control Plan, a sample Registration /Pledge Form for the Walk- A -Thon, a World Walk Foundation Brochure, as well as some recent articles of publication about the Walk Around the World. I would also invite you to look at our Web site: www.worldwaWoundation.com. If you would like more information or have any questions, please call me at (310)606 -0262. I look forward to working with the City of El Segundo to make this event a success. Sing re - abi Huertas President World Walk Foundation for Breast Cancer 531 Main Street, Suite 635 • El Segundo, CA 90245 -3060 • 310 - 606 -0262 0 0 8 ,v M �i 8 m 1S S 1S 8 8 w Q Q C¢ 0 m z i �+ WVUa Z ONne 0 J w '- QAl9 VQ_ d 8 Q ¢ DG U y O > oos w AV 2 J Q VINI: CL a aka ui a 3NNOA y oo.Q W Z 7A VW 1 y ��■�'���I''77 3 3 wl< a L96801lIHI'LS 3:I 3: 1S I doonA J oov A W ^ s nn w N w twu i:�s •} '� vI 3 � v 0 z i �+ WVUa Z ONne 0 w '- QAl9 VQ_ O SIONIIII Y ¢ 0 ■� = O go O UC � d W r • Y IAp VW l w • C W¢ 3�sZ z2Qa H U 0 z ONne 0 w J S U y O > g 2 W N O W ui Q W y � 12 W O O ¢ H 2 y ��■�'���I''77 N W 2 uj lJy W Q U 1� L N N R WORLD WALK FOR BREAST CANCER 5K ROUTE Library Park South on Main Street to Grand Avenue East on Grand Avenue to Center Street North on Center Street to Oak Avenue East on Oak Avenue to California Street North on California Street to Acacia Street West on Acacia Street to Center Street North on Center Street to Imperial Avenue West on Impenal Avenue to Main Street South on Main Street to Library Park 010 E1 Segundo Police Department 348 Main Street • El Segundo, California 90245 -3885 (310) 322 -9114 / (31 O) 607 -2266 • Fax: (310) 640 -8648 LETTER OF AGREEMENT September 15, 1999 Tim Grimmond, Chief of Police The following materials and services will be required for the World Walk Foundation for Breast Cancer Walk- A -Thon on October 31, 1999 1. Minimum of 20 volunteers. 2 Traffic cones will be provided for the event. 3 Traffic cones will be placed along the race route prior to beginning of the event. 4. Each residence and business along the race route will be notified one week before the event. A flyer will be delivered to each residence detailing the event and parking /roadway restrictions that will be required to safely stage the event. 5. A $1,000,000 in liability Insurance coverage is required. The certificate of Insurance will be delivered to the City of El Segundo, with a copy to the traffic Division by October 1, 1999. 6. Optional — Restroom and trash facilities provided near start/finish line of the walk. "Working together to meet our community's needs" Oil City of El Segundo INTER - DEPARTMENTAL CORRESPONDENCE September 24, 1999 To: Mary Strenn, City Manager/ho From: Tim Grimmond, Chief of Pol,05 Subject: The World Walk Foundation for Breast Cancer The World Walk Foundation for Breast Cancer has sent us a letter requesting City support for their 5K Waik -A -Thou. The walk will be held on Sunday, October 31, 1999, 7:00 to 10:00 A.M. The start and finish will be at Library Park on Main Street and will cover surrounding streets in the area. A map of the walk course is attached for your review. The World Walk Foundation for Breast Cancer will arrange to provide a liability bond, volunteers to assist the walkers, and will notify each residence and business along the walk route. The event will require the service of three (3) motor officers. Motor officers will be compensated at time and one -half overtime rate. The Street Department will have no exceptional cost related to this event. Sign posting will occur during the workweek and no crew will be required the day of the event. EVENT MANPOWER (3 hours) Police: Street Department: Three motor officers TG AG /sn /X Attachment: Walk request Walk route Letter of Agreement $499.44 100.00 TOTAL $599.44 The World Walk Foundation for Breast Cancer would like City Council approval to waive fees. 0 J 2 St. Anthony Catholic Church 710 East Grand Avenue El Segundo, California 90245 September 16, 1999 Ms Mary Strenn EL SEGUNDO CITY MANAGER 350 Main Street El Segundo, CA 90245 Dear Ms Strenn ter, - ,, G SE" 2 0 1999 >' A,aiVAGcR'C OFFICE This is to inform you that St Anthony's Catholic Church will again be holding its annual carnival on the Pansh grounds The dates this year will be October 22, 23, and 24, 1999 The hours will be 5 -I 1 p in on Friday, noon to 11 p in on Saturday, and noon to 8 p.m on Sunday Again this year, we will be having E & M Company He is well known in the business of operating carnivals We will not require any special police involvement, other than normal duty looking in on the carnival from time to time I will arrange to obtain the necessary perrmts from the building and fire departments as last year There are two requests that I would like to as of you As I understand it, there is a charge for a permit fee and also a charge for the electrical permit These charges may be waived by action of the city council and they have. done so in the past Also, we would are requesting for the first time a proclamation from the city for our event I do not know what the total amount of theses charges will be at this time, since the building department said the cost of the electrical permit is based on the equipment used In any case I would appreciate it if you would request the waiver of these fees at the next city council meeting If you have any questions regarding the upcoming carnival, please feel free to contact me at home/work (310) 640 -2471 Thank you for your cooper°•'^ cc Building Department n13 City of El Segundo INTER- DEPARTMENTAL CORRESPONDENCE September 23, 1999 To: Mary Strenn, City Manage9b From: Tim Gnmmond, Chief of Polio Subject: St Anthony's Catholic Church Annual Carnival On October 22, 23, and 24, 1999, St Anthony's Catholic Church will be holding its annual carnival on the Parish grounds. Overtime for police services will not be required for this event. On-duty officers will walk through the carnival as part of their regular shift. TG /AG:sn Attachment 014 -- City of eC sequnclo INTER - DEPARTMENTAL CORRESPONDENCE TO: Mary Strenn, City Manager THROUGH:ihm Hansen, Interim Director, Planning & Budding Safety FROM: rvdle, Senior Plans Examiner DATE: ' September 24, 1999 SUBJECT: Electrical Permit Fee St Anthony's Catholic Church The Building Division received a copy of a letter to you dated September 16, 1999, from St Anthony's Catholic Church, requesting waiver of the electrical permit fees for their upcoming annual carnival on October 22 - 24, 1999 Fees for this permit are set forth below 3 generators ($50/each) $150.00 Permit issuance fee $15.00 Microfilm charge $1.00 Total Electrical Permit cost 1166.00 015 4 South Coast Air Quality Management District 21865E Copley Drive, Diamond Bar, CA 91765.4182 (909) 396 -2000 ' http, / /www.agmd gov OFFICE OF PUBLIC AFFAIRS AND TRANSPORTATION PROGRAMS FACSIMILE TRANSMITTAL -FORM DATE: 816/99 TO: Number of Pages (including cover page), 1 Marlene Hake-T, Executive Asst. TIME: 1 :00P.m. PHONE #: to City 'Manager (COMPANY: El sesn an pp,)( #; (310) 3Zar7137 FROM: Marilyn Traynor' .1 PHONE #; (909) 396 -3951 FAX #: C909) 396 -3641 r . SUBJECT: Ckty, Cvuncll,pgendA September 21 meet&nr_ MB5SAGE: Please add the following to rho try a� ag a FOP 010 weeting PreseotAt�on'on'Status of LAX Ambient ASr Monit&rins Efforts The person who will be •makZg the nireagntxninn s•a Moi zelbly ute PhA.,d .,uzber is (909) 396r3058, ' and Technology. Advancement' % -VDv* (vdSi A.Y y+.ei,Iy JNlan #)gytnt` Jiji}Y1Lp You may call the person indicated below if cooun=cation has not been fully receivegd ri (909) 396. 1 S D"dV110M r74.3onn dx 1 016 Announcement of appointments to LAX Master Plan Advisory Commission G k \! i| 2, �( �f m)\ � (�( /{ k- 9E �|) i ! !!]! 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O CZN A m O m 0 O n m n N O c m D p r GI z H a N m N q m Ol V p A Z 4 0 s .T N A y m � C m a m 8 8 a O r Dy H m c 6 0 D m 0 O 0 O �i p y Y. P C 2 m 019 CITY OF EL SEGUNDO PAYMENTS BY WIRE TRANSFER 0911011999 THROUGH 0912411999 Date Payee Amount Description 9/10/99 Wells Fargo 30,000 00 Golf Course Payroll -TPT Tfr 9/20/99 Health Comp 1,03700 Weekly eligible claims 9/10 9/20/99 IRS 149,925 13 Federal Taxes PR6 9/20199 Wells Fargo 30,000 00 Workers Comp Tfr 9/22/99 Employment Development 28,841 80 State Taxes PR6 9/23/99 Health Comp 1,39981 Weekly eligible claims 9117 241,203 74 DATE OF RATIFICATION: 10/05/99 TOTAL PAYMENTS BY WIRE: 241,203.74 Certified as to the accuracy of the wire transfers by Deputy Treasurer q/Z-)q 4 �1� Dater Finance Director Z,�jJ'`//l zPZM,4V Date City Manager Date Information on actual expenditures is available in the City Treasurer's Office of the City of El Segundo MINUTES OF THE ADJOURNED REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, SEPTEMBER 21, 1999 - 5:00 P.M. CALL TO ORDER - Mayor Gordon at 5 00 P M PLEDGE OF ALLEGIANCE - Mayor Pro Tern Sandra Jacobs ROLL CALL Mayor Gordon - Present Mayor ProTem Jacobs - Present Council Member Wermck - Present arrived at 5 05 P M Council Member Games - Present Council Member McDowell - Present City Attorney, Mark Hensley, requested the Council to add to the agenda an item that arose after the positing of the agenda, regarding Government Code 54956 9 (b) and (c), discussion on Contract compliance of LA Contractors, who are providing construction services in connection with the communications center MOVED by Council Member McDowell, SECONDED by Mayor ProTem Jacobs to add this item to the agenda. MOTION PASSED BY THE FOLLOWING VOICE VOTE. AYES: MAYOR GORDON, MAYOR PRO TEM JACOBS, COUNCIL MEMBERS GAINES AND MCDOWELL. NOES: NONE. ABSENT COUNCIL MEMBER WERNICK. 410 /1 PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit per person, 30 minute limit total) Individuals who have received value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so identify themselves prior to addressing the City Council. Failure to do so shall be a misdemeanor and punishable by a fine of $250. SPECIAL ORDER OF BUSINESS - Appointment of City Attorney Mark Hensley as labor negotiator regarding City Manager Mary Strenn. MOVED by Council Member McDowell, SECONDED by Mayor Pro Tern Jacobs to appoint City Attorney Mark Hensley as labor negotiator regarding City Manager Mary Strenn MOTION PASSED BY UNANIMOUS VOICE VOTE. 4/0 COUNCIL MEMBER WERNICK ABSENT. MINUTES OF THE ADJOURNED REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL SEPTEMBER 21, 1999 PAGE NO I n21 CLOSED SESSION: The City Council moved into a closed session pursuant to applicable law, including the Brown Act (Government Code §54950, et s q ) for the purposes of conferring with the City's Real Property Negotiator; and /or conferring with the City Attorney on potential and /or existing litigation; and /or discussing matters covered under Gov't Code §54957 (Personnel), and /or conferring with the City's Labor Negotiators as follows CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Gov't Code §54956.9(a)) 1 Chaney v City of El Segundo, LASC Case No BC 207453 2 Stier v City of El Segundo, LASC Case No YC 034617 3 El Segundo v Stardust, LASC Case No YC 031364 4 David Venegas, et al. v. County of Los Angeles, et al., LASC Case No. BC 207136 5 Greffon v City of El Segundo, LASC Case No YC 035155 6 Hill v. El Segundo, USDC Case No CV 98 -1463 7 People v Michael Langley, Los Angeles County Civil Service Commission No. 98 -229 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Gov't Code §54956.9(b) -2- potential cases (no further public statement is required at this time); Initiation of litigation pursuant to Gov't Code§54956.9(c)• -2- matters DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957) - None CONFERENCE WITH CITY'S LABOR NEGOTIATOR - (Gov't Code §54957 6) - - Conference with City Attorney regarding contract negotiations for City Manager CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956 8) - None SPECIAL ORDER OF BUSINESS - Interview candidates for LAX Master Plan Advisory Board, Library Board of Trustees and Investment Advisory Committee. Council consensus to re- appoint Don Carter and appoint Jane Conley each to a full three year term on the Library Board of Trustees, to expire June 30, 2002, and Kirk Jon Walske to a full four year term on the Investment Advisory Committee, to expire August 30, 2003 ADJOURNMENT at 6 55 P M Cindy Mortesen, City Clerk MINUTES OF THE ADJOURNED REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL SEPTEMBER 21, 1999 PAGE NO 2 022 MINUTES OF THE REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, SEPTEMBER 21,1999 - 7:00 P.M. CALL TO ORDER - Mayor Gordon at 7.00 P M INVOCATION - Pastor Randy Williams, Pacific Baptist Church PLEDGE OF ALLEGIANCE - Mayor Pro Tem Sandra Jacobs PRESENTATIONS - (a) Council Member Gaines presented a Certificate of Appreciation presented to M Stacy Palmer for her contribution to the community as a member of the Planning Commission from July 6, 1995 to June 30, 1999 ROLL CALL Mayor Gordon - Present Mayor ProTem Jacobs - Present Council Member Wemick - Present Council Member Gaines - Present Council Member McDowell - Present PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit per person, 30 minute limit total) individuals who have received value of$$0 or more to communicate to the City Council on behalfofanother, and employees speaking on behalfoftheir employer, must so identify themselves prior to addressing the Cary Council Failure to do so shall be a misdemeanor and punishable by a fine of $250 John Tunno spoke against the approval of the Ordinance providing for Auto Repair Business in Smoky Hollow Dorothy Kent, resident, spoke regarding no longer having to dial 310 to dial local calls Sandra Mason, resident, spoke regarding a Resolution approved at the last meeting for landscaping improvements on Sepulveda. Also spoke regarding parking on Eucalyptus, and stated that parking is marked on the East side of the street but not on the West side Jane Fnedkin, resident, spoke against the approval of the Ordinance providing for Auto Repair Business in Smoky Hollow Jane Tunno, spoke against the approval of the Ordinance providing for Auto Repair Business in Smoky Hollow MINUTES OF THE REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL SEPTEMBER 7, 1999 PAGE NO I 023 Jerry Hams, resident, spoke against the approval of the Ordinance providing for Auto Repair Business in Smoky Hollow Tom Mulligan, resident, spoke against the approval of the Ordinance providing for Auto Repair Business in Smoky Hollow Liz Gamholtz, resident, spoke regarding the approval of the Ordinance providing for Auto Repair Business in Smoky Hollow Further stated that Council should respect the wishes of the people Derek Greef spoke requesting City Council action on proposed encroachment of Public Works Space in front of lus residence at 528 Standard Street Roger Guard, spoke against the approval of the Ordinance providing for Auto Repair Business in Smoky Hollow Bret Ryan, resident, spoke against the approval of the Ordinance providing for Auto Repair Business in Smoky Hollow Steve Bogm, resident, spoke regarding the Old Town Patio, and the entertainment permit issued to this establishment He further requested that Council take action to reduce the sound nuisance. Bob Metcalf, resident, spoke in favor of the Ordinance providing for Auto Repair Business in Smoky Hollow. Mark Renner, resident, spoke against the approval of the Ordinance providing for Auto Repair Business in Smoky Hollow Thomas Dickton, resident, spoke regarding airport issues, and sound insulation. Tent' O'Bnan, resident, spoke against the approval of the Ordinance providing for Auto Repair Business in Smoky Hollow Chuck Wilkerson, resident, spoke against the approval of the Ordinance providing for Auto Repair Business in Smoky Hollow. Pam Jenson, resident, spoke against the approval of the Ordinance providing for Auto Repair Business in Smoky Hollow MINUTES OF THE REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL SEPTEMBER 7, 1999 PAGE NO 2 0,24 A. PROCEDURAL MOTIONS Consideration of a motion to read all ordinances and resolutions on this Agenda by title only MOVED by Council Member Gaines, SECONDED by Mayor Pro Tern Jacobs to read all ordinances and resolutions on this Agenda by title only MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 ITEM TAKEN OUT OF ORDER FROM LATER IN THE AGENDA 10. Ordinance, amending the Zoning Code revising the regulations for automobile service uses in proximity to residentially zoned property in the Small Business (SB) and Medium Manufacturing (MM) Zones in the Smoky Hollow Specific Plan Area, and, a Negative Declaration of Environmental Impacts in accordance with the California Environmental Quality Act (CEQA) Environmental Assessment BA-483 and Zone Text Amendment ZTA 99 -2 Applicant. City of El Segundo Mayor Gordon gave a brief chronology of zoning changes and how a restriction on Auto Service Industries began. City Attorney Mark Hensley read the following: ORDINANCE NO. 1308 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, APPROVING ENVIRONMENTAL ASSESSMENT NO. EA483 AND ZONE TEXT AMENDMENT ZTA 99 -2, AMENDING THE EL SEGUNDO MUNICIPAL CODE BY AMENDING VARIOUS SECTIONS OF TITLE 20 (THE ZONING CODE.) PETITIONED BY THE CITY OF EL SEGUNDO. MOVED by Council Member McDowell, SECONDED by Council Member Gaines to adopt Ordinance 1308, amending the Zoning Code revising the regulations for automobile service uses in proximity to residentially zoned property in the Small Business (SB) and Medium Manufacturing (MM) Zones in the Smoky Hollow Specific Plan Area, and, a Negative Declaration of Environmental Impacts in accordance with the California Environmental Quality Act (CEQA). Environmental Assessment EA-483 and Zone Text Amendment ZTA 99 -2 MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 B. SPECIAL ORDERS OF BUSINESS - 1 Continued Public Hearing on FY 1999 -2000 Operating Budget and Five -Year Capital Improvement Plan and Adoption of Resolutions approving Appropriations Limit, Preliminary Budget as amended, and Capital Improvement Plan as amended MINUTES OF THE REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL SEPTEMBER 1, 1999 PAGE NO 3 02 5 Mayor Gordon stated this is the tune and place hereto fixed for a pub discuss the FY 1999 /2000 Preliminary Budget and Five -Year Capital Improvement Plan, He asked if proper notice had been done and if an7 Communications had been received. Clerk Mortesen stated that noticin done in a timely manner and no written communication had been receiN regarding this item Liz Gamholtz, resident, spoke regarding public input. and the Capital Improvement Committee. She further stated that no one has listened to th regarding the Civic Center improvements, and the fact that many people d want any improvements. She felt that all the Civic Center needs is electrici flowers. Mark Renner, resident, spoke regarding Sepulveda Blvd. and the cost of maintenance Peggy Tyrrell, resident, spoke regarding the Civic Center improvements and th, she does not feel they are necessary Council consensus to close the public hearing. MOVED by Council Member Gaines, SECONDED by Council Member McDowell to zero thi budget of the Aviation Safety and Noise Abatement Committee and allocate the funds to the LAX Master Plan committee MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 Council Consensus to pull from the consent agenda item 6,7, &, and 9 for adoption during the budget. Extension No G of Contract No.2132 for the City /School District Library Systems Affiliation Agreement for the period October 1, 1999 to September 30, 2000 (Fiscal Impact 10/99 -9/00 = $190,950). MOVED by Mayor ProTem Jacobs, SECONDED by Council Member Wermck to amend Agreement No. 2132 for Library Services to a 3 years agreement from October 1, 1999 to September 30, 2002, with a clause enabling the city to rescind each year during the budget process if funding if not available 7, Funding Agreement No-2725 between the City of El Segundo and the E1 Segundo Unified School District for the period October 1, 1999 to September 30, 2000. (Fiscal Impact: $250,000). MINUTES OF THE REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL SEPTEMBER 7, 19" PAGE NO a f MOVED by Council Member Wenuck, SECONDED by Council Member McDowell to amend the verbiage on the Funding agreement to be broader than provided for. Adopt Resolution No 4130 of the City Council of the City of El Segundo, California providing for salary and benefit changes to Chapter 1A2 (Management - Confidential Series) of the El Segundo Administrative Code (Fiscal Impact- $40,900 FY 1998/1999 & $207,000 FY 1999/2000) Amendment A to Contract No 2630 for Employment Agreement between the City of El Segundo, California and Mary Strenn Council Member Wenuck requested to hold the CIP Budget until the next meeting She also stated that Education and Training be expanded in some departments. Mayor ProTem Jacobs stated that she will not vote on issues regarding the Downtown area due to a possible conflict of interest. City Attorney read the following: RESOLUTON NO. 4131 A RESOLUTON OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, APPROVING AND ADOPTING AN OPERATING BUDGET AND FIVE -YEAR CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 1999/2000. MOVED by Council Member Gaines, SECONDED by Mayor ProTem Jacobs to adopt Resolution No. 4131, approving and adopting an operating budget and five -year Capital Improvement Program for fiscal year 99/00. MOTION PASSED BY THE FOLLOWING VOICE VOTE. AYES: MAYOR GORDON, MAYOR PRO TEM JACOBS, COUNCIL MEMBER GAINES AND MCDOWELL. NOES: NONE. ABSTAIN: COUNCIL MEMBER WERNICK 4/0/1 RESOLUTION NO. 4132 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, APPROVING AND ADOPTING APPROPRIATION LIMIT FOR FISCAL YEAR 1999/2000 MOVED by Council Member Gaines, SECONDED by Council Member Wemick to adopt Resolution No. 4132 approving and adopting appropriation limit for fiscal year 99/00 MOTION PASSED BY UNANIMOUS VOICE VOTE. 510 MINUTES OF THE REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL SEPTEMBER 7, 1999 PAGE NO 5 027 MOVED by Council Member Gaines, SECONDED by Council Member McDowell to approve Consent Agenda items 6, 7, 8, and 9, with amendments MOTION PASSED BY UNANIMOUS VOICE VOTE. 510 Mayor Gordon left the dais 9.00 P.M. C. UNFINISHED BUSINESS 2. Proposal for the City of El Segundo to award the contract for completion of the construction of the El Segundo Public Safety Communications Center protect. Council approved proceeding with Hazama Corporation with City Attorney to attempt to resolve issues with Surety Company ITEM DISCUSSED LATER IN THE MEETING D. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS Announcement of appointments to LAX Master Plan Advisory Board, Library Board of Trustees and Investment Advisory Committee. ITEM DISCUSSED LATER IN THE MEETING E. CONSENT AGENDA All items listed are to be adopted by one motion without discussion and passed unanimously. If a call for discussion of an item is made, the item(s) will be considered individually under the next heading of business. Warrant Numbers 2505049- 2505335 in total amount of $832,914.43, and Wire Transfers in the amount of $1,144,034.69. City Council meeting minutes of September 7 and 9, 1999. 6 ITEM TAKEN OUT OF ORDER EARLIER IN THE MEETING ITEM TAKEN OUT OF ORDER EARLIER IN THE MEETING ITEM TAKEN OUT OF ORDER EARLIER IN THE MEETING MINUTES OF THE REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL SEPTEMBER 7, 1999 PAGE NO 6 028 ITEM TAKEN OUT OF ORDER EARLIER IN THE MEETING 10 ITEM TAKEN OUT OF ORDER EARLIER IN THE MEETING 11 ITEM PULLED FOR DISCUSSION BY COUNCIL MEMBER WERNICK 12 Accept the completion of the 1998 -99 slurry seal application at various locations Project No PW 99 -2 (final contract amount $101,812 28) 13 Approve the renewal of Library's Annual Periodical Subscription List with EBSCO Subscription Services for the period January 1, 2000 - December 31, 2000 Fiscal Impact• $12,57169 (Appropriated under Library Account 6104 -5501 in FY 1998/99 Budget) 14 Approve the replacement of chairs in Council Chambers dais area, the Council office and the City Hall West Conference Room (Fiscal Impact. $12,700). Dispose of the chairs deemed unsafe and send the remainder to auction at a later date 15 Examination plans for the Personnel Merit System job classifications of Planning Manager, Building Safety Manager, Planning Technician, Water Maintenance Worker 1/11 and Wastewater Maintenance Worker I/II MOVED by Council Member Wemick, SECONDED by Council Member McDowell to approve Consent Agenda items numbers 4, 5, 12, 13, 14, and 15. MOTION PASSED BY UNANIMOUS VOICE VOTE. 410 MAYOR GORDON ABSENT. CALL ITEMS FROM CONSENT AGENDA 11 Award of Contract No. 2726 to Hayer Consultants for project inspection services, not to exceed $6,500.00 and Contract No. 2727 to All American Asphalt for the rehabilitation of Douglas Street from El Segundo Boulevard to Alaska Avenue, in the amount of $245,488.24 (ITEM PULLED IN ERROR) MOVED by Council Member Wermck, SECONDED by Council Member McDowell to approve the award of Contract No. 2726 to Hayer Consultants for project inspection services, not to exceed $6,500.00 and Contract No. 2727 to All American Asphalt for the rehabilitation of Douglas Street from El Segundo Boulevard to Alaska Avenue, in the amount of $245,488.24. MOTION PASSED BY UNANIMOUS VOICE VOTE. 4/0 MAYOR GORDON ABSENT. MINUTES OF THE REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL SEPTEMBER 7, 1999 PAGE NO 7 f) 9 ITEM HELD FROM EARLIER IN THE MEETING D. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS Announcement of appointments to LAX Master Plan Advisory Board, Library Board of Trustees and Investment Advisory Committee Mayor ProTem Jacobs announced the appointments Don Carter and Jane Conley each to a full three year term on the Library Board of Trustees, to expire June 30, 2002, and Kirk Walske to a full four year term on the Investment Advisory Committee, to expire August 30, 2003 ITEM HELD FROM EARLIER IN THE MEETING No action taken on the request of Mr. and Mn Greeff, on the proposed encroachment of Public Works Space in front of the residence at 528 Standard Street. C. UNFINISHED BUSINESS ITEM HELD FROM EALIER IN THE MEETING Proposal for the City of El Segundo to award the contract for completion of the construction of the El Segundo Public Safety Communications Center project. MOVED by Council Member McDowell, SECONDED by Council Member Wemick to continue discussions with Surety Bond Company to award construction Contract to Hazama Corporation and settle disputes with LA Contractors and Surety Company MOTION PASSED BY UNANIMOUS VOICE VOTE. 410 MAYOR GORDON ABSENT. F. NEW BUSINESS - G. REPORTS - CITY MANAGER - NONE H. REPORTS - CITY ATTORNEY - NONE I. REPORTS - CITY CLERK - NONE J. REPORTS - CITY TREASURER - NONE K. REPORTS - CITY COUNCIL MEMBERS Councilmember McDowell - MINUTES OF THE REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL SEPTEMBER 7, 1999 PAGE NO 8 Cho Spoke regarding the developments on the zoning debate and some unsettling accusations that arose out of the process. Councilmember Gaines - Reported on airport issues. Councilmember Wernick - Spoke regarding the victory of the 310 area code, and the 424 overlay Mayor Pro Tem Jacobs - NONE Mayor Gordon - ABSENT PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit) Individuals who have received value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so identify themselves poor to addressing the Cdy Council Failure to do so shall be a misdemeanor and punishable by a fine of $150. Sandra Mason, resident, spoke regarding parking on Eucalyptus, and handicap parking by the Post Office, and City Hall Derek Greeff, resident, spoke regarding encroachment permits. Ken Schofield, resident, spoke regarding comments that were made earlier in the meeting and stated he took exception to them. Bill Watkins, Superintendent of the School District, thanked Council for the support and approval during the budget process Jane Fnedkin, resident, spoke regarding Council actions on the Smoky Hollow issue, and commented on Council actions. Chris Powell, School Board Member, thanked Council for their support of the Schools Liz Gamholtz, Aviation, Safety, and Noise Abatement Committee, inquired as whether their budget was approved Mayor ProTem Jacobs, responded to comments of Ms. Mason on the 20- minute parking by her business MINUTES OF THE REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL SEPTEMBER 7, 1999 PAGE NO 9 r 3 1 Council Member Gaines stated that the budget for the Aviation, Safety, and Noise Abatement Committee has been zeroed and the money shifted to the LAX Master Plan Advisory Committee along with the operations of electronic monitoring devices CLOSED SESSION - NONE REPORT OF ACTION TAKEN IN CLOSED SESSION - NONE ADJOURNMENT at 9:50 P.M. to October 5, 1999, 5.00 P M Cindy Mortesen, City Clerk MINUTES OF THE REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL SEPTEMBER7, 1999 PAGE NO 10 032 EL SEGUNDO CITY COUNCIL MEETING DATE: October 5, 1999 Request for approval to purchase electronic sound amplification components for City Council Chambers at a cost of $ 8,405 00 to be funded from FY 98 -99 Government Buildings account # 001 -400- 2601 -8104 RECOMMENDED COUNCIL ACTION: Approve purchase and installation INTRODUCTION AND BACKGROUND: The sound amplification system presently installed in the City Council Chambers has individual elements that range between 10 to 25 years in age The useful life of electronic equipment of this nature, however, is estimated to be approximately 10 -15 years The outdated electronic components include an amplifier, a bank of 12 channel mixers and associated equipment, all of which, in terms of parts availability and labor, are obsolete and not cost effective to repair in recent weeks on two separate occasions, system failures occurred during important City Council meetings that caused disruption to both in- Chamber and Community Cable broadcast audiences DISCUSSION: In 1998, the Council Chamber's microphones were replaced with state -of- the -art equipment, which greatly enhanced voice projection quality. Amplification components, however, were not replaced at that time. The recent system failures have prompted Staff to request audio equipment vendors to inspect the system and provide bids for replacement of the outdated electronics The following companies, all vendors currently used by the City, provided quotes for the purchase and installation of a new audio amplification system Linde's Electronics $ 8,40500 Southland Sound Corporation $10,19500 Brassfield Communications $11,83300 To insure the continued integrity of amplified sound delivery to both in- Chamber and home viewers, Staff recommends that the Council Chamber's electronic amplification system be replaced and that the low bid estimate of $ 8,405 from Linde's Electronics be accepted Detailed spec sheets for each piece of equipment are available Equipment specifications in the bid have been reviewed and accepted by a Technical Committee member. Although this is not a budgeted item, funds for this urgency purchase have been identified within the remaining FY 1998 -99 Government Buildings budget Aline item transfer from within that section to account number 001 -400- 2601 -8104 will provide funds for this purchase ATTACHED SUPPORTING DOCUMENTS: Equipment lists and bids for costs of purchase and installation of sound amplification system FISCAL IMPACT: Operating Budget: Capital Improvement Budget: Amount Requested: Project/Account Budget: Project/Account Balance. Account Number: Project Phase: Appropriation Required: Yes No $6,40500 Date: 001 -400 - 2601 -8104 No QjtlGl ATED: Date: Ron Green, Interim Director of Public Works RE W ED S bath: ager X33 n %11R�n ' �+ ACTION TAKEN' NAM turn vY:TnA tv, ron Om e u 1 LINDA'S ELECTRON /CS Professional Sound & Security Products 12015 Slauson Avenue, Suite N, P.O. Box 2703, Santa Fe Springs, California 90670 CA (800) 22 -LINDE Los Angeles area. (562) 698 -8385 Fax (562)698 -0684 September 15, 1999 Jon Hisamoto City of El Segundo 150 Illinois St El Segundo, CA 90245 Dear Jon, RECEIVED SEP 1 7 1999 MAINTENANCE FACILITY Linde's Electronics is pleased to offer a quote for the upgrade of the Council Chamber sound system at El Segundo. We propose to install the following equipment in your existing rack: 2 ea. BIAMP autoONE , 8 in automatic mic mixers 1 ea BIAMP DP /M28 , 2 in, 8 out distribution amplifier i ea, Compact Power 300D amplifier 1 ea. Behringer DPS 1100 feedback exterminator 6 ea. Quam 8C10 /8U/W Coax speaker with baffle and transformer 1 ea. Shure LX24/58 Handheld wireless mic system 1 ea. Marantz PMD510 Cassette recorder 4 ea. Switchcraft J3FS mic jacks 1 lot wire and connectors The above equipment can be installed for a sound improvement cost of $ 8,405.00, including tax and a one year warranty on parts and labor. The BIAMP equipment carries a 5 year manufacturer's warranty We hope the proposed equipment meets your requirements. if there are any questions please call. Regards, David G. Kalb General Manager 034 Ccnrracor 5 LCenSe 2e• 5x SALES INSTALLATION SERVICE ENGINEERING Searcy Alarm LiCense LAW0188 OUTI�LAND SOUND corporation 1145 SOUTH FOR BLVD ,LOS ANGELES, CA 90022 -2998 (323) 266 -4575 FAX (323) 266.4751 CONTRACTORS STATE LICENSE NUMBER 213957 http //home earthlink net/-sscla Email sscla®earthhnk net September 15, 1999 City of El Segundo PROJECT: Public Works Dept 150 Illinois Street Council Chambers Sound System El Segundo, CA 90245 Attn: Jon Hisamoto We take pleasure in submitting the following quotation on equipment and services to meet your requirements, for acceptance within 30 days from the above date TERMS: SEE NOTES ESTIMATED DELIVERY: SEE NOTES Provide labor and material for a new Sound Reinforcement System for the Council Chambers as outlined in our proposal letter of September 15, 1999. The following major equipment is included QUANTITY DESCRIPTION 4 Bose Model 8 Flush Ceiling Mounted Loudspeakers 1 Lot Reuse existing auxiliary area Loudspeakers and cable in "as in condition" 1 Floor Standing Sound System Equipment Cabinet 54" tall with oak side panels and Plexiglas front door The cabinet will be fabricated and wired for the following electronics- 1 Commercial / Industrial 60 watt Amplifier (Counai Chambers) 1 Commercial i Industrial 120 watt Amplifier (Auxiliary Areas) 1 Custom Speaker Switch Panel for auxiliary areas and lobby /outdoor areas 1 Bose System Controller for Model 8 Speakers n Alt LICENSE BOARD • 1020 N STREET•SACRAMENTO, CALIFORNIA 95814 Council Chambers Sound System 035 1 Lot Signal Processing Equipment to include Limiter, Feedback Eliminator, Room Equalization, Signal Delay for lobby speakers 1 Distribution Amplifier 1 Lot Shure Automatic Microphone Mixers for nine existing Shure Microphones 1 SSC Custom Podium Microphone Mute Switch Assembly 1 SSC Custom Record Output Receptacle Assembly 1 SSC Custom VCR Audio Input Receptacle Assembly 2 SSC Custom Microphone Receptacle Wall Plates (table nucrophones) 1 UHF, Frequency Agile, Wireless Microphone System including 1 UHF Receiver (installed in sound cabinet) 1 UHF Hand Held Microphone J Transmitter 1 UHF Belt Pack Transmitter with lavaher microphone 1 Lot Reuse existing microphones, cable, and receptacles except as noted above 1 Lot System engineering including the Bose Modeler Computer Aided Design process 1 Lot Installation, set up, test, adjustment of system including room equalization process 2 System Operation and Maintenance Manuals 1 Lot In service training on proper use of the system tUm Contract Price (Tax Included) $10,195.00 Wt: Whfi EBOARD. 1026 N STREET•SAORAMEW0. Council Chambers Sound System 0,36 OUTULAND SOUND %_ corporation 1145 SOUTH FORD BLVD, LOS ANGELES, CA 90022 -2998 (323) 266 -4575 FAX (323) 266-4751 CONTRACTORS STATE LICENSE NUMBER 213957 http //home earthlink net/ -sscla Email sscla®earthhnk net September 15, 1999 City of El Segundo PROJECT. Public Works Dept. 150 Illinois Street Council Chambers Sound System El Segundo, CA 90245 Attn: Jon Hisamoto We take pleasure in submitting the following quotation on equipment and services to meet your requirements, for acceptance within 30 days from the above date TERMS: NET 30 QUANTITY DESCRIPTION ESTIMATED DELIVERY- 2 WEEKS A R O Marantz PMD -510 Professional Dual Well Cassette Recorder with serial recording capabthtie� Desk Top Cabinet for above Contract Price (Tax Included) $921.00 Notes. 1 All new equipment and workmanship are guaranteed for a period of one year from installation completion 2. 115VAC power receptacles at maul equipment location to be furnished and installed, within 6 feet, by others, or we will reuse existing 3. Quotation includes 1 hour of in- service training of owner designated personnel. 4. This quotation is valid only if we are awarded the contract to rework the Council Chamber Sound System. ACCEPTED: Respectfully Submitted, 0 Date: P/O No MIKE MULLEN SOUTHLAND SOUND CORPORATION TATE LICENSE BOARD • 1020 N STREE PSACRAMENTO, CALIFORNIA 95814 Council Chambers Sound System 037 - ,.,I­ �­1 1 1L •rVL JLVLYJJ OGr L 77 iifui IVO. Ui. U ".U1 BRASSFIELD COMMUNICATIONS 6281 CHALET DRIVE COMMERCE, CA 90010 Tel: (562) 806.3325 * Fax: (562) 928.2455 License #384578 C -7 & C -10 Message Continued The following is a quotation is based on information received via Doug Eckes, Field Foreman and yourself on the systems operational requirements. C ouncil Chamber - Upgrade Public Address System Brasstield Scope Of Work: 1. Provide and install (6) speaker and baffle. Re-use existing cable 2 Provide (1) Telex handheld wireless microphone transmitter and receiver base unit 3 Provide (2) BiAmp DLA03 automixer and (1) BiAmp ANC22 Noise Compensator 4 Provide (1) BiAmp DPIM29 distribution preamplifier / mixer and (1) BiAmp power amplifier, 120 watts 5 Repair existing microphono receptacles 6 Repair exists g microphone muting controls Total Material $8,675.00 Total Labor - '- _8 Total $11,833 00 Line item #1- _Ad_diti_onal Labor _ 1 Should Brassfleld not bave (4) consecutive days to installation. This labor is an allowance to work _ around council meeting schedule _ Labor a_ --_ -- $880.00 Total bor Total $880.00 Line Item 92 - Dual ('a*ceffe Plover• rroif DMrLCrn Total Material Total Labor Total $1,058.00 Should you have questions please feel free to ive us a call. j Sincerely James SALES, ENGINEERING, INSTALLATION & SERVICE ecurity * CCTV * Music * Public Address * Intercom * Voice & Data Cables * Fire Alarm * Access Control Rauland -Borg Distributor * HealtheareJEducational I EL SEGUNDO CITY COUNCIL MEETING DATE. October 5, 1999 AGENDA ITEM STATEMENT AGENDA HEADING- Consent Agenda AGENDA DESCRIPTION: Change Order No 1 to Insituform Technology, Inc , for the trenchless rehabilitation of a 12" sewer main west of Main Street between Walnut and Maple Avenues RECOMMENDED COUNCIL ACTION. Approve Change Order No. 1 in the amount of $29,624.75 INTRODUCTION AND BACKGROUND: The adopted Capital Improvement Program Includes an annual program to rehabilitate City sewer mains As part of this program, on September 7, 1999, the City Council awarded a contract to Insituform Technology, Inc , in the amount of $33,956.50 for the trenchless rehabilitation of sewer mains After the award of this contract, the program budget currently has a balance of approximately $80,000 00 DISCUSSION: There is an existing 12" sewer main in an easement within private properties west of Main Street between Walnut and Maple Avenues Staff recommends lining of this sewer main utilizing the balance of the funds remaining in the annual sewer main rehabilitation program The current contractor, Insituform Technology, Inc, has agreed to install the lining at $39 75/foot for a 12" main which is consistent with the low bid unit price of $37 00 /foot for a 10" main Staff recommends City Council approval of Change Order No 1 to Insituform Technology, Inc , In the amount of $29,624 75 This cost includes lining of 701 feet of 12" sewer main and reconnecting sewer house connections 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: No Yes $29,62475 $120,00000 $80.000 00 Date: 9115199 301 - 400 -8204 -8317 Chance Order No 1 N COUNCIL10CT05 02 (9r24199 1100 A M) 039 T r Z ° I V EN a � o 2 ,n n D is O W rn d g_ w L :ucu [L m I. e = a� nMLeN[sT AT [ i MLLEY ❑ IT • �� C Z } Q r: O ` IDS• YI. 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ZJ�T -1 DNk ML W TDS AIDES INWIY R N $ LLLJJJ A y SLPYLV[D• i _ m TIES 14W a r Y `E ' y O H Vr' O i I ALLOW ° ..� 1DIOli IOII OR + WAY kY� K IfES[ALC� b NASM R ^ ^^ = PARK M•T y Y n T rt EKTGO P GWEEN LHIE wr W f DYLb SD 0 ® S s w NEODMDOWL r <P I IV IV 0 b _ NSNNET l w S IIn CN s v ° � AVIATION _ [Lw 0 TO t I = +� C C R Q R C C F F F 1, CAERE w ^ N W y SAN OIEGO~ kE'0 CITY Of HAWTHORNE WEST LOS ANGELES COVNTYI /A 0 EL SEGUNDO CITY COUNCIL MEETING DATE: October 5, 1999 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Incentive funding agreement between the City of Ell Segundo and the County of Los Angeles for a County grant of $5,000 00 for pavement testing of Douglas Street, between El Segundo Boulevard and Alaska Avenue. RECOMMENDED COUNCIL ACTION: Approve agreement and authorize the Mayor to execute the agreement on behalf of the City INTRODUCTION AND BACKGROUND: The County of Los Angeles administers a grant program to reimburse cities for pavement testing costs relative to pavement rehabilitation projects, such as the Douglas Street Rehabilitation Project, between El Segundo Boulevard and Alaska Avenue The maximum amount of grant for each project 1s $5,000 00 DISCUSSION: Staff had the pavement of Douglas Street tested in order to establish the rehabilitation strategy A request for reimbursement of $5,000 00 from the County s grant program was subsequently submitted and approved by the County The County has required that the enclosed agreement be executed by the City prior to reimbursement of grant funds This agreement has been reviewed and approved as to form by the City Attorney ATTACHED SUPPORTING DOCUMENTS: City-County Incentive Funding Agreement, FISCAL IMPACT: Potential revenue of $5,000 00 Operating Budget: Capital Improvement Budget: Amount Requested: Project/Account Budget: Project/Account Balance: Account Number: Project Phase: Appropriation Required: No Date: Date: IEW BY: Date: 2n. City WOOL ACTION TAKEN: 6 N COUNOWCT0503 (9/24/99 1100 A-M) r)AI RUBBERIZED A 5 P H A L T CONCRETE TECHNOLOGY C E N T E R COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC WORKS Mr. Bellur K Devarai City Engineer City of El Segundo 350 Main Street El Segundo, CA 90245 Dear Mr. Devaraj. PO BOX 1460 ALHAMBRA , CA 91902 -1460 Toll Free (988) 777.4775 Fax-(323)221 -6501 http Uwww rebbenzedasphalt org Email info@mbbenzedasphaltarg September 9, 1999 REQUEST FOR REIMBURSEMENT FOR DEFLECTION TESTING INCENTIVE PROGRAM NO. 1 — $5,000 RECEIVEr) St? 1 ^ 9 i�Z PU13LIC WORKS ENGINEERING Thank you for submitting your Request for Reimbursement for Deflection Testing and QA/QC. We have reviewed the reports prepared by the County of Los Angeles and find that they conform to the requirements of the Incentive Programs. Enclosed are two originals and one copy of a proposed agreement which will allow the County to reimburse your city for the above amount. If the proposed agreement is satisfactory, please present it to your duly authorized City officials for approval. Upon approval, please return the two originals of the agreement to Mr Lynn D. Nicholson, County of Los Angeles Rubberized Asphalt Concrete Technology Center, P. O. Box 1460, Alhambra, CA 91802 -1460. After approval by the County, we will return the fully executed City original to your City. If you have any questions regarding this matter, please contact me at 1- 888 - 7774775. Very truly yours, HARRY W. STONE Director oMbllc Works D. NICH ON m Director rized Asphalt Concrete Technology Center LDN:Idr DOC:TT787 Enc. cc: Mr. Nathan Gauff A public service provided by the L'ounty of Loa Angels and the Ca*mia Integrated waste Management Board ///V 442 COUNTY ORIGINAL INCENTIVE FUNDING AGREEMENT WHEREAS, the County of Los Angeles ( "County") has received funding from the California Integrated Waste Management Board ( "CIWMB ") to continue the operation of the Rubberized Asphalt Concrete Technology Center ("Technology Center ") for the purpose of promoting the use of crumb rubber from scrap tires in roadway paving work, WHEREAS, County's contract with CIWMB provides for the Technology Center to administer two incentive programs designed to promote the use of rubberized asphalt in California, WHEREAS, pursuant to these incentive programs, County intends to disburse incentive payments to cities and counties throughout the State to be used to offset the costs of pavement deflection testing and quality assurance and control inspections, WHEREAS, the City of El Segundo ( "City") has applied for and has been accepted to receive such incentive funding; NOW, THEREFORE, County and City agree as follows* The term of this Agreement shall commence upon execution by both parties and shall continue until May 15, 2000. 2. County shall distribute to City the amount approved by the County in incentive funds to assist City in funding the project set forth in City's application, attached hereto as Exhibit A, and County's acceptance letter, attached hereto as Exhibit B, (hereinafter "Project "). Such funds shall be paid to City within sixty days of County's receipt of City's written certification that the work called for under Exhibit B has been completed 3. City agrees that it shall use the incentive funds received from County solely toward the Project. City agrees that the Project shall be completed within the term of this Agreement unless specifically agreed otherwise in writing by the parties. 4. City shall indemnify, defend and hold harmless County and County Special Districts, and their elected and appointed officers, employees, and agents from and against any and all liability and expense, including reasonable defense costs and legal fees, and claims for damages of any nature whatsoever including, but not limited to, bodily injury, death, personal injury or property damage, including property of City, or workers' compensation claims arising from or connected with City's performance under this Agreement or any acts or omissions of City, its employees, agents, or contractors in completing the Project which is funded by this Agreement. 043 5 Without limiting City's indemnification of County and during the term of this Agreement, City shall maintain commercial insurance or a program of self - insurance acceptable to the County as follows* A. General liability, commercial or a self - insurance program, with a limit of one million dollars ($1,000,000) per occurrence. If such insurance is written on a claims -made form, it shall continue for three (3) years following termination of this Agreement. If written with an annual aggregate limit, the policy limit shall be three times the above required occurrence limit. This insurance shall have a retroactive date prior to or coinciding with the effective date of this Agreement. Any commercial policy shall name the County as an additional insured. B. Comprehensive auto liability, commercial or a self - insurance program, endorsed for all owned, non - owned, and hired vehicles with a combined single limit of not less than one million dollars ($1,000,000) per occurrence. C. Workers' compensation insurance in an amount and form to meet all applicable requirements of the Labor Code of the State of California including Employer's Liability with a $1,000,000 limit, covering all persons City is legally required to cover. Failure by City to procure and maintain the required insurance shall constitute a material breach of contract upon which County may immediately terminate or suspend this Agreement. 6. City agrees to comply with all terms and conditions of the Standard Agreement entered into between the County and the CIWMB, attached hereto as Exhibit C. 7. County's contact person for purposes of this Agreement shall be Mr. Lynn D. Nicholson. All notices and other written correspondence by City to County shall be mailed by first class mail to Mr. Lynn D. Nicholson at the following address: County of Los Angeles Rubberized Asphalt Concrete Technology Center P.O. Box 1460 Alhambra, Ca 91802 -1460 8. City's contact person for purposes of this Agreement shall be . All notices and other written correspondence by County to City shall be mailed by first class mail to at the following address: 2 044 Name Agency Street or P.O Box City State Zip Code 3 r•45 IN WITNESS WHEREOF, the Board of Supervisors of the County of Los Angeles has caused this Agreement to be subscribed by its Department of Public Works and the City of El Segundo has caused this Agreement to be subscribed on its behalf by its duly authorized officer, this day of '199—. COUNTY OF LOS ANGELES CITY OF EL SEGUNDO DEPARTMENT OF PUBLIC WORKS Title Date APPROVED AS TO FORM: BY THE OFFICE OF COUNTY COUNSEL 4 a Title MAYOR Date APPROVED AS TO FORM CITY ATTORNEY 046 EXHIBIT A - APPLICATION FOR DEEZECTION TESTING REIlmURSZMWT FOR RUMBERIMM ASPHALT CONCRETE (RAC) PROJECTS AGENCY MbM: City of El Segundo ADDRESS: 350 Main Street STREET E1 Segundo California 90245 CITY STATE ZIP CODE CONTACT PERSON: Mr. Bellur Devara3, City Engineer NAME TITLE TELEPHONE: (310) 322 -4670, x231 FAX: (310) 322 -4167 NUMBER OF RAC PROJECTS CCNSTRUCTED n3 THE LAST FIVE YEARS: One (Ik PROJECT INFORMATION Wig• Douglas Street T -nCTS: El Segundo Boulevard to Alaska Avenue TYPE: ESTII,9aTED DATE OF CONSTRUCTION: March 1999 WORK TO BE DONE BY: M.ENC4 PERSONNEL -- -- — -- — - X ENGII1fiERING CONS[JLTANT ; � (/ h RESUME' ENCLOSED x RESUM' TO BE PROVIDED SEND APPLICATION TO: MR. LYNN D. NICHOISMi, FROMM DIRECTOR ROINSERIZBD ASPHALT CONCRETE TECHNOLOGY CENTER P. O. BOX 1460, ALRU9WA, CA 91002 -1460 FAX NO.: (213) 221 -6501 047 HARRY W STONC&i August 10, 1998 COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC WORKS Mr Bellur Devaraj City Engineer City of El Segundo 350 Main Street El Segundo, CA 90245 Dear Mr Devaraj: SW SOUTH PREMONr AVENUE ALKAmBRA. CAUFORriU 912031771 Td,o6 (06)016$100 RUBBERIZED ASPHALT CONCRETE TECHNOLOGY CENTER INCENTIVE PROGRAM NO. I ROADWAY DEFLECTION TESTING $5,000 MAXIMUM ADDRESS ALL CORRESPONDENCE TO: 1' O Box 1460 A(,HA.MRRA. CAIJFORMLA 9120:•1466 N KE-ty v1,:ASE RE Rren KE-2 Thank you for submitting one application for Deflection Testing to the Rubberized Asphalt Concrete Technology Center We trust that this Incentive Program will encourage your use of rubberized asphalt on your other projects as well. APPLICATION FOR DEFLECTION TESTING Your enclosed application for reimbursement under Incentive Program No. 1 for deflection testing for the Douglas Street from El Segundo Boulevard to Alaska Avenue by an Engineering Consultant is approved. $5,000 will be reserved for you for this project. Enclosed are form(s) for requesting reimbursement for your project(s) under the Incentive Programs A draft agreement between the County and the City is also enclosed for informational purposes only. The final agreement will be sent to your City after the work has been completed and we have received a written request for reimbursement from your City. r48 Mr Bellur Devaraj August 10, 1998 Page 2 If you have any questions regarding this matter, please contact me at 1- 888 - 777 -4775 or Fax No 323 - 221 -6501 Very truly yours, H W STONE Director of Public Works LYNN D NICHOLSON Program Director Rubberized Asphalt Concrete Technology Center LDN•Idr DOC TT366 cc Mr Nathan Gauff Enc 049 EXHIBIT C _ -ATE OF CALIFORNIA STANDARD AGREEMENT — APPROVED eY THE ATTORNEYGENERAL 1492 70 2 (REV 5.91) E TRACT M "R IIWM-C7086 TARPwTERY fECERwL EphOYER pERiiFlGT,O., .upeER ,'HIS AGREEMENT, made and entered mtoithis 14" day of May, 1998, 95- 6000927 n the State of California, by and between State of California, through its duly elected or appointed, qualified and acting hereafter called the State, and :ounty of Los Angeles hereafter called the Contractor. NITNESSETH. That the Contractor for and in consideration of the covenants, conditions, agreements, and stipulations of the State ierelnafter expressed, does hereby agree to furnish to the State all services, materials, labor and equipment necessary to perform the work specified In the attached Scope of Work (Attachment A). Performance of this Agreement shall be provided in accordance with the Scope of Nark and the General Terms and Conditions contained in this Agreement attached hereto and hereby incorporated as part of this 4greement =or these services, the State agrees to compensate the Contractor at the rates established in the Budget (Attachment A) The maximum (mount payable under this Agreement shall not exceed 5500,000.00. Payment will be made monthly in arrears of service upon receipt of ivolces in triplicate from the Contractor, as specified In the conditions of the Budget (Attachment A). he State will withhold payment equal to ten (10) percent of each invoice until all work and other requirements are completed in accordance Ilth this Agreement to the satisfaction of the State. he tens of this Agreement shall be for the period of June 1, 1998, or the date of approval by the Department of General hlchever is later, through May 15, 2000. ate Gauff is designated as the Board's Contract Manager. His telephone number is: (916) 255-4587 inn Nicholson is the designated Protect Director an behalf of the Contractor. Her telephone number is (888) 777177 '+ MAx • Lfi�RNtt ATTESTMANNE STURGE! ONTINUED ON 3 SHEETS. EACH BEARING NAME OF CONTRACTnR ANn rnmTRACT NUM9ER_ wail mae nCCirFR ie provisions an the reverse sloe nereor constitute a part of this Agreement CLERK OF THt BUA �t UUr aur gryr.o VVI ,RCaa •vr,cn -45 5GMEME-n nea peen engM QIe anmea riefeiD UDOTI ilia OEM Rr3r awye WnImn I I �- STATE OF CALIFORNIA CO ENCY WHtRACiDR {E eaaraa"aneV�WuN. wiriMra mPatleM1 PeRTerthp, ale) ihfomia Integrated Waste m4nagement Board County of Los Angel tAUTNOR11E0 9Y (AUrNORM SIaNA uRel _ NT' O PERSON SIGNING PRWffW NAME AND TMA ON SIGNING Iph E angler Yvonne Rrath—ilt irka , Chairman — Board of Supervisors E ADDRESS ecutive Director 500 West Temple Street, Los Angeles, CA 90012 UMENT 0,00000 CONTRACT 00 my own C F P Extemal funds are Services Gf General servicer PPROVED fofi) JUL - Z 1998 r AS& carer cou"af 050 TERMS AND CONDITIONS OF STANDARD AGREEMENT S If this Agreement is for services as needed or has clearly specified sub - categories, a work authorization will be required before work can begin on this Agreement If this Agreement provides for progress payments, the State will withhold payment equal to 10 percent of each invoice until all work and other requirements are completed to the satisfaction of the State in accordance with this Agreement Definitions In interpreting this Agreement, the following terms will have the meanings given to them below, unless the context clearly indicates otherwise • 'Board" shall mean the California Integrated Waste Management Board. 'Executive Director' shall mean the Executive Director of the California integrated Waste Management Board or his/her designate. Any references to Executive Officer will mean Executive Director or his/her designate. • "State" shall mean the State of California including, but not limited to, the California Integrated Waste Management Board andlor its designated officer. • 'Contractor' shall mean the recipient of funds pursuant to this Aigmerent • ' 'Subcontractor' shall mean a person or entity which contracts with the Contractor to perform all or a portion of the work as specified in the Scope of Work (Exhibit A). AIR OR WATER POLLUTION VIOLATION: Under the State laws, Contractor certifies that he/she shall not be. (1) in violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district; (2) subject to cease and desist order not sublet to review issued pursuant to Section 13301 of the Water Code for violation of waste discharge requirements or discharge prohibitions; or (3) finally determined to be in wolabon of provisions of federal law relating to air or water potiud&L AMENDMENT: No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties and approved as required. No oral understanding or Agreement not incorporated in the Agreement is binding on any of the parties. AMERICANS WITH DISABILITIES ACT: By signing this Agreement Contractor assures the State that it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.) APPROVAL This Agreement is of no force or effect until signed by both parties and approved by the Department of General Seances, if required. Contractor may not commence performance until such approval has been obtained. ASSIGNMENT: This Agreement is not assignable by the Contractor, either in whole or in part, without the consent of the State in the form of a formal written amendment AUDIT' Contractor agrees that the Board, the Department of General Services, the Bureau of State Audits, or their designated representative shall have the right to review and to copy any records and supporting documentation Pertaining to the performance of this Agreement. Contractor agrees to maintain such records for possible audit for a minimum of three (3) years after final payment unless a longer period of records retention is stipulated or until completion of an action and resolution of all issues which may arise as a result of any litigation, claim, negotiation or audit whichever is later. Contractor agrees to allow the auditor(s) access to such records during normal bustrrosa I p/ hours and to allow interviews of arty employees who might reasonably have information related to such records. �b Further, Contractor agrees to include a similar dght of the State to audit records and interview staff th any subcontract related to performance of this Agreement (GC 8548.7, PCC 10115 ET SEQ., CCR Title 2, Sactlort 1896) Han audit reveals that the State funds are riot tieing expended or have not been expended In accordance with this Agreement Corthactor may be required to forfeit the unexpended portion of the fiords andfor repay the State for any improperly expended mordes. 051 County of Los Angeles IWM -C7086 Page 3 of 8 AVAILABILITY OF FUNDS The State's obligations under this Agreement are contingent upon and subject to the availability of funds appropriated for this Agreement BANKRUPTCY: In the event proceedings in bankruptcy are commenced against the Contractor, Contractor is adjudged bankrupt, or a receiver is appointed and qualifies, then the Board may terminate this Agreement and all further rights and obligations by giving five (5) days notice in writing. COMMUNICATION: All official communication from Contractor to the State will be directed to the Contract Manager or the Executive Director, Califomia Integrated Waste Management Board, 8800 Cal Center Dnve, Sacramento, CA 45826 All formal notices required by this Agreement must be given in writing and sent by prepaid certified mail, fax, personal delivery or telex. COMPENSATION: The consideration to be paid Contractor, as provided herein, shall be in compensation for all of Contractors expenses inured in the performance hereof, including travel, per diem, and taxes, unless otherwise expressly so provided. CONFIDENTIAL(1'Y/PUBLIC RECORDS: Contractor and the Board understand that each party may come into possession of information and/or data which may be deemed confidential or proprietary by the person or organization furnishing the information or data. Such information or data may be subject to disclosure under the California Public Records Act commencing with Government Code, Section 6250, or the Public Contract Code. The Board agrees not to disclose such information or data furnished by Contractor and to maintain such information or data as confidential when so designated-by Contractor in writing at the time it is furnished to the Board, only to the extent that such information or data is exempt from disclosure under the California Public Records Act and the Public Contract Code. . CONFLICT OF INTEREST. In regard to current or former state employees. Contractor agrees: A Current State Employees (PCC 10410): 1. No officer or employee shall engage in any empioymenL activity or enterprise from which the officer or employee receives compensation or has a financial interest and which is sponsored or funded by any state agency, unless the empioymerd, activity or enterprise is required as a condition of regular slate empkWnhent 2. No officer or employee shall contract on his or her own behalf as an independent contractor with any state agency to provide goods or services. Fortner State Employees (pCC 10411): 1. For the two-year period from the date he or she left slate employment, no former state officer or employee may enter into a contract in which he or she engaged in arty of the negotiations, transactions, planning, arrangements or any part of the decision - making process relevant to the eonrraet while employed In any capacity by any state agency. 2. For the twelve morith period from the data he or she left state employment no former state officer or employee may enter into a contract with arty state agency If he or she was employed by that state agency in a policy- making position in the same general subject area as the Proposed contract within the 12 -month period prior to his or her leaving state service. If Contractor violates any provisions of above paragraphs, such action by Contractor shall render this Agreement void. (PCC 10420) CONSULTING SERVICES, If this Agreement is for consulting services. Contractor is hereby advised of its duties, obligations and rights under Public Contact Code 10355 though 10382. CONTRACT MANAGEMENT. Contractor and the agents and employees of Contractor. in the performance of this Agreement shall act in an independent capacity and not as officers or employees or agents of the State of California. Contractor may change the designated Pmjeet Diractor, but the Board reserves the right to approve any Ill, substitution of the Project Director. ContMcWea key personnel may not be substituted without the Board's Contract Managers prior written approval. The Board may change on Contract Manager by notice given Contractor at any time. Board staff will be permitted to work aide by side with Contractors staff to the extend and under conditions that may be directed by the .Contract Manager. In this connection, Board employees will be given access to all data, working papers, etc., which Contractor may seek to ultifte. Contractor will not be permitted to ufte Board 052 employees for the performance of services which are the responsibility of Contractor unless such utilization is County c( Los Angeles IWM -C7086 Page 4 of 8 previously agreed to in writing by the Contract Manager, and any appropriate adjustment in price is made. No charge will be made to Contractor for the services of the Board employees while perfommng, coordinating or monitoring functions i CONTRACT VIOLATIONS: Upon receipt of information that any of the conditions of this Agreement have been violated by the Contractor, the Board will have the right to conduct an investigation to determine whether a violation has occurred. If, after nobce and public hearing, the Board finds that a violation has occurred, the Board may terminate this Agreement immediately. The Contractor will be required to repay all unearned funds received from the Board under this Agreement or transfer possession of all materials and equipment purchased and return the balance of funds received and not expended for such material and equipment and render an accounting of all money received. CONTRACTOR EVALUATIONS- If this Agreement is for consulting services, the Contractors performance will be evaluated by the Board The evaluation will be prepared within 60 days of the completion of this Agreement and shall remain on file by the Board for a period of 36 months. If Contractor does not satisfactorily perform the work or service specified in this Agreement, the Board will submit a copy of the negative evaluation to the Department of General Services, Office of Legal Services, within five working days of the completion of the evaluation. Upon filing an unsatisfactory evaluation with the Department of General Services, the Board shall notify and send a copy of the evaluation to Contractor within 15 days. Contractor shall have 30 days to prepare and send statements to the Board and the Department of General Services defending his or her performance under this Agreement Contractors statement shall be filed with the evaluation retained by the Boast and with the Department of General Services. CONTRACTOR NAME CHANGE An amendment is required to change the Contractors name as fisted on this Agreement Upon receipt of legal documentation of the name change, the Board will process the amendment Payment of invoices presented with a new name cannot be paid prior to approval of said amendment, CONTROLLING LAW: AS questions concerning the validity and operation of this Agreement and the performance of the obligations imposed upon the parties hereunder will come within the jurisdiction of and be governed by the laws of the State of California. COPYRIGHTS AND TRADEMARKS: Contractor agrees to establish for the Board good title in all copynghtab(e and trademarkable materials developed as a result of this Agreement Such title will Include exclusive copyngh).s and trademarks in the name of the State of CalffomihL As used herein, 'copynghtable matenal' includes all materials which may be copyrighted as noted in Title 17, United States Code, Section 102, as follows: 1) literary works, 2) musical works, including any accompanying words, 3) dramatic works, including any accompanying music, 4) pantomimes and choreographic works, 5) pictorial, graphic and seulpturel works, 6) motwrm PICUM and other audio visual works, and 7) sound recordings. As used herein, 'trademarkable matener means any material which may be registered as a trademark, service mark or trade name under the Caltfomin Trademark Law, cited at Business and Professions Code (B &PC) Sections 14200. 14342. 'Trademark' is defined by B &PC Section 14207. 'Service mart' is defined by B&PC Section 14206. Trade name'is defined by B&PC Section 14208. Contractor agrees to apply for and register all copyrights and trademarks, as here above defined, in the name of the State of California, for all materials developed pursuant to this Agreement which may under the applicable law be copyrighted or for which a trademark may be registered. Failure to comply with this article when such failure results in the loss of the exclusive right of the State to use, publish or disseminate such materials, when such failure and result occur during the term of this Agreement, constitutes breach of contrail. LAMPUKA t t: QUALIFICATIONS TO DO BUSINESS IN CALIFORNIA: When the work is to be performed in the state by a corporation, said corporation shall be qualified to do business in the State of California. 'Doing business' is defined in the California Revenue and Taxation Code, Section 23101, as actively engaging in any transaction for the purpose of financial or pecuniary gain or profit. Verification of corporate status shall be made by the Board to ensure that all obligations due to the state are fulfilled. DISPUTES Contractor shall continue with the responsibifdies under this Agreement during any dispute. If for any t�/ reason the Contractor and the Contract Manager or the Executive Director cannot reach mutual agreement 6 Contractor may refer the dispute to the Board for final resolution. DRUG FREE WORKPLACE REGUIR m NTS• Contractor will comply with the requirements of the Drug -Free Workplace Act of 1990 and will provide a drug -free workplace in accordance with Government Code, Section 11350 at seq. 0 5 3 County of Los Angeles WVM -C7086 Page 5 of 8 ENTIRE AGREEMENT This Agreement supersedes all prior agreements, oral or written, made with respect to the subject hereof and, together with the Attachments and/or Exhibits hereto, contains the entire Agreement of the parties. FORCE MAJEURE. Neither the State nor the Contractor, including the Contractors subcontractor(s), if any, will be responsible hereunder for any delay, default or nonperformance of this Agreement, to the extent that such delay, default or nonperformance is caused by an act of God, weather, accident, labor strike, fire, explosion, not, war, rebellion, sabotage, or flood, or any other cause beyond the reasonable control of such party. GRATUITIES. The Board may, by written notice to Contractor, terminate the right of Contractor to proceed under this Agreement d it is found, after notice and hearing by the Board or by Executive Director or his duly authorized representative, that graturties were offered or given by the Contractor, or any agent or representative of the Contractor, to any employee of the Board, with a view toward securing a contract or securing favorable treatment with respect to awarding or amending or making a detemunation with respect to performance of this Agreement GOVERNING IAW. This Agreement is governed by and shall be interpreted in accordance with the laws of the State of California. INDEMNIFICATION: Contractor agrees to indemnify, defend and save bannless the State, its officers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, suppliers, laborers, and any other person, firth or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firth or corporation who may be injured or damaged by Contractor in the performance of this Agreement. Contractor warrants, represents and agrees that it and its subcontractors, employees and representatives shag at all times comply with all applicable State contracting laws, codes, rules and regulations in the performance of this Agreement INDEPENDENT CONTRACTOR: Contractor, and the agents and employees of Contractor, in the performance of this Agreement, shall act in an independent capacity and not as officers or employees or agents of the State. LABOR CODENVORKER'S COMPENSATION: Contractor needs to be aware of the provisions which requp every employer to be insured against liability for Worker's Compensation or to undertake self- insurance in accordance with the provisions, and Contractor affirms to comply with such provisions before commencing the performance of the work of this Agreement (Labor Code Section 3700) NATIONAL LABOR RELATIONS BOARD CERTIFICATION: Contractor certifies that no more than one final unappeolable finding of contempt of court by a Federal court has been issued against Contractor within the immediately preceding two-year period because of contractors failure to comply with an order of a Federal court which orders Contractor to comply with an order of the National tabor Relations Board. (PCC 10296) (Not applicable to public entities.) NONDISCRIMINATION CLAUSE: During the performance of this Agreement. Contractor and its subcontractors shall not unlawfully discriminate, harass or allow harassment, against any employee or applicant for employment because of sect, face. color. ancestry, religious treed, national origin, physical disability (Including HIV and AIDS), mental disability. medical condition (cancer), age (over 40), marital status, and denial of family care leave. Contractor and subcontractors shag insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment Contractor and subcontractors shall comply with the provisions of the Fare Employment and Housing Act (Government Code, Section 12900 at seq.) and the applicable regulations promulgated thereunder (Cardomio Code of Regulations, Title 2, Section 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission Implementing Government Code, Section 12990(s -1), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations are incorporated into this Agreement by reference and made a part hereof as It set forth in fug. Contractor and its subcontractors shall give wntten notice of their obligations under this cause to labor organizations with which they have a collective bargaining or other Agreement I l 31' Contractor shall include the nondiscrimination and compliance provisions of this douse in all subcontracts to perform work under this Agreement. - - - 054 County of Los Angeles IWM -C7086 Page 6 of 8 OWNERSHIP OF DRAW WGS. PLANS AND SPECIFICATIONS The Board will have separate and independent ownership of all drawings, design plans, specifications, notebooks, tracings, photographs, negatives, reports, findings, recommendations, data and memoranda of every description or any part thereof, prepared under this Agreement and the.onginals and all copies thereof will be delivered to the State upon request The State will have the full right to use said originals and copies in any manner when and where it may determine without any claim on the part of the Contractor, its vendors or subcontractors to additional compensation. PATENTS The Contractor will, subject to the terms herein, have all right, title and interest in and to each invention or discovery conceived of or first actually reduced to practice in the course of or under this Agreement and will take all steps to acquire a patent thereto If such invention or discovery is likely to have significant value. The Board will have a nonexclusive, royalty free license in any such invention or discovery when used for State purposes Any person wanting to use the invention or discovery will receive a nonexclusive license subject to reasonable royalties. The Contractor agrees to pay the Board fifty percent (50 %) of all royalties accrued as a result of this Agreement, to a maximum equal to the amount funded under this Agreement. PAYMENT For services satisfactorily rendered and upon receipt and approval of the invoices, the State agrees to compensate the Contractor in accordance with the rates specified in the Contractor's bid All invoices must include: 1) Name of business: 2) the contract number, and 3) contractor's mailing address All invoices must be submitted in tnplicatsinot more frequently than monthly in arrears to: ATTN: Face] Office Cafifomia Integrated Waste Management Board 8800 Cal Center Drive Sacramento, CA 85826 Request for final payment shall be made only when all required work has been completed to the satisfaction of the Board. If Contractor is a small business, payment will be due 30 days from the date services are received and accepted by the State or 30 days from the date a coned invoice is received at the above billing address, whichever is later. Payment shall be due to any other contractor 45 days from the date services arc received and accepted by the State or 45 days from the date a correct invoice is received at the above billing address, whichever is later. PROGRESS PAYMENTS- Progress payments may be allowed when work perfomied under this Agreement consists of the performance of separate and distinct tasks. Funds withheld for a particular taak'ar the amount of ten (110) percent of each invoice may be paid upon completion of that task. (Separate and distinct tasks do not usually occur when the Agreement is for a finished project report or plan.) Progress paymerft are not allowed for contracts with a term of less than three months. Progress payments shag not be made no move frequently than monthly in arrears or at clearly identifiable stages of Progress, based upon written progress reports submitted with the Contractor's invoices. Progress Payments shall be based on at least equivalent services rendered. (Hours worked shall not be the sole basis for progress payments.) PUBLICITY AND ACKNOWLEDGEMENT: The Contractor agrees that it will acknowledge the Boards support whenever projects funded, in whole or in part, by this Agreement are publicized in any news media, brochures, or other type of promotional matenal. RECYCLED CONTENT: Contractor hereby certifies under penalty of perjury that the matenals, goods, supplies offered, or products used in the ped irmunu a of this Agreement meets or exceeds the minimum percentage of recycled material, both post - consumer waste and secondary waste as defined in the Public Contract Code, Sections 12161 and 12200, as defined in Sections 12161 and 12200 of the Public Contract Code. REMEDIES* Unless otherwise expressly provided herein, the rights and remedies hereunder are in addition to, and not in limitation of, other rights and remedies under the Agreement, at law or in equity, and exercise of one right or remedy will not be deemed a waiver of any other right or remedy. REPORTS. If this Agreement is for the production of a report, Contractor, pursuant to Government Code Section 7550, will include in the report the dollar amount and contract number of all contracts and subcontracts relating to preparation of the report. I 1416 - The Contractor will also include on the front page of the report a disclaimer that states, •The statements and conclusions of this report are those of the contractor and not necessarily Dose of the California Integrated Waste Management Board, its employees, or the State of California. The State makes no warranty, express or implied, and assumes no liability for the information contained in the succeeding text• 055 County of Los Angeles tWM -C7086 Page 7 of ii RESOLUTION A county, city, district, or other local public body must provide the State with a copy of a resolution, order, motion, or ord.nance of the local governing body which by law has authority to enter into an agreement, authorizing execution of theiagreement SEVERABILITY. If any provisions of this Agreement are found to be unlawful or unenforceable, such provisions will be voided and severed from this Agreement without affecting any other provision of this Agreement. To the full extent, however, that the provisions of such applicable law may be waived, they are hereby waived to the end that this Agreement be deemed to be a valid and binding agreement enforceable in accordance with its terms. STATEMENT OF COMPLIANCE: Contractor certifies, under penalty of per)ury, that he/she has, unless exempted, complied with the nondiscrimination program requirements. (Government Code 12990(a -0, and California Code of Regulations, Title 2. Section 8103) (Not applicable to public entities.) STOP WORK NOTICE Immediately, upon receiving a written notice to stop work. Contractor shall cease all wort[ under this Agreement SUBCONTRACTORS. All subcontractors previously identified in the bidtproposal submitted are considered to be acceptable to the State. Any change or addition of subcontractors will be subject to the prior written approval of the Contract Manager or Executive Director. Upon termination of any subcontract, Contractor shall notify the Contract Manager or the Executive Director immediately. All provisions of this Agreement shall apply to subcontractors. If the Board or Contractor determines that the level of experbse or the services required are beyond that provided by Contractor or its routine subcontractors, Contractor will be required to employ additional subcontractors. The Board may substitute or add subcontractors of its own choosing by amendment Contractor shall be responsible for the performance of all subcontractors undertaking work issued as a result of this Agreement Contractor shall also be responsible for controlling costs and maintaining accurate records of invoices received from subcontractors. Subcontractors will be subject to any audits related to work performed as a part of, or in relation to, this Agreement Contractor will be required to property reimburse all subcontractors within 20 working days of receipt of payment from the Board for services performed. SUCCESSORS The provisions of this Agreement will be binding upon and inure to the benefit of the State and the Contractor and their respective successors. TERMINATION: The State shall have the right to terminate this Agreement at its sole discretion at any time, upon thirty (30) days written notice given to Contractor. In the case of early termination, a final payment will be made to Contractor upon receipt of a financial report, mv=n for costs ineurted to date of termination and a written report describing all work performed by Contractor to date of termination. TIMELINESS* Time is of the essence in his Agreement VENDOR DATA RECORD FORM STD 204. This form must be completed by all Contractors that are not another state agency or other government entity. /IAI 056 County of Los Angeles IWM -C7066 Page 8 of 8 RACTC Scope of Work Attachment A In consulting with local governments, the Rubberized Asphalt Concrete Technology Center's ( RACTC) staff has discovered that more than information is needed as an incentive to influence local governments to try rubberized asphalt concrete (RAC) The RACTC is proposing an incentive program that will reimburse local government agencies for preliminary engineering costs to determine If a project is appropriate for RAC The preliminary engineering tests, which includes a deflection analysts of the existing roadway, will determine alternative structural sections to accomplish the rehabirdation of the roadway It's believed that to most cases RAC will score high as an alternative The second phase of the incentive program will reimburse agencies for costs of Quality Assurance/Quality Control (QA/QC) inspections of their RAC projects, to help ensure a successful project. The tasks break out as follows: 1) Provide incentive payments to agencies for pavement deflection testing, to adequately characterize the amount of reconstruction necessary, which will help detemmme if RAC can be used. The cost of testing wi8 be reimbursed up to 55,000 per project, for projects approved by the RACTC. The RACTC will invoice the CIWMB for all payments. PriorAy for reimbursement will be given to agencies that have constructed three or fewer RAC projects in the last rive years. 2) Provide incentive payments to agencies for plant and field QAIQC inspection of RAC projects. Projects will be approved by the RACTC, and ft agencies will be reimbursed at a rate of one dollar per ton of RAC, up to a limit of $10,000 per project The RACTC will invoice the CrvWB for all payments. Priority for reimbursement will be given to agencies that have constructed three or fewer RAC projects in the last five years. 3) Continue to provide outreach and technical assistance on RAC projects to local governments and provide technology transfer for RAC processing and constriction techniques. Budget Task I Task 2 Task 3 APPROVED AS TO FORM DE WITC W. CLINTON, County Counsel Ely $150,000 Y�I 1�1 $150,000 ADOPTED 80AR0 OFSUPBIWSORS aaYry OF ins wrNss 54 JUN 0 91998 '�Odt%ANNE STUAGE3 EXECUTIVE OFFICER V, 16116 0 5• EL SEGUNDO CITY COUNCIL MEETING DATE. October 5, 1999 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION. Amendment to existing Contract No 2640 extending the professional services contract with Cassidy & Associates for a period of four (4) months at a cost of $15,000 per month from FY 1999 -2000 Budget (No 001 -400- 2901 -6407) RECOMMENDED COUNCIL ACTION: Approve extension and authorize Mayor to execute amendment following review by City Attorney as to form and content INTRODUCTION AND BACKGROUND: For the past year, the Washington, D C firm of Cassidy & Associates has contracted with this City to provide an on -going government relations program by establishing and maintaining a presence among key decision makers in the United States Senate and House of Representatives Their task has been to focus efforts toward securing federal funding assistance for the extension of the Douglas Street Gap Closure and Railroad Grade Separation in fiscal year 2000 DISCUSSION: Since commencement of their contract on November 5, 1998, Cassidy & Associates has provided effective lobbying services in an effort to obtain supplemental federal funding for the Douglas Street extension By developing and maintaining a close business relationship with key Committee members in the House and Senate, Cassidy & Associates has been successful in voicing City needs To date, their strategies have resulted in the inclusion of language identifying the Douglas Street project as one to receive funding, if and when, the bills are passed by each legislative body Presently, it appears that substantial dollar amounts have been identified in both Department of Transportation and V A HUD bills currently pending before Congress In bi- weekly conference calls, Council and City Staff have been kept apprised of on -going progress as these bills are tracked through the Legislature Final action is expected within the next few months during this current Congressional session The current one -year contract will expire on November 4, 1999 This request is for a four -month extension amending existing Contract No 2640 The fee structure of $15,000 per month will remain the same An amount of $60,000 has been appropriated in the FY 1999 -2000 budget for this contract extension ATTACHED SUPPORTING DOCUMENTS: Letter of agreement for proposed Amendment from Cassidy & Associates Proposed Amendment to Contract No 2640 Copy of existing Professional Services Contract No 2640 FISCAL IMPACT: Operating Budget: Capital Improvement Budget: Amount Requested: Project/Account Budget: Project/Account Balance: Account Number: Project Phase: Appropriation Required: $60,00000 $60.000.00 $60.000 00 Date: 9/24/99 001 400- 2901 -6407 7 -- m CONTRACT ADDENDUM The contract terminating November 4,1999, between Cassidy & Associates, Inc. and the City of El Segundo, California, concerning the Douglas Street Extension Project is hereby modified to extend the contractual period until March 4, 2000, at the monthly fee of Fifteen Thousand Dollars ($15,000). All other provtsiobs of the agreement executed in November of 1998 remain in full force and effect. Date: Member 28, 1999 Date: CITY OF EL SEGUNDO, CALIFORNIA By: n5� 2 /2'd f3Tt3bL.ELZOZ 5311i70S51i 2 AQISSliJ WtlLS:TT 66. 82 d35 AMENDMENT "A" TO CONTRACT NO. 2640 CASSIDY & ASSOCIATES THIS AMENDMENT to the AGREEMENT FOR PROFESSIONAL SERVICES (Contract No. 2640) is made this 5th day of October, 1999, between the CITY OF EL SEGUNDO, CALIFORNIA ( "CITY ") and CASSIDY AND ASSOCIATES ( "CONSULTANT) and WHEREAS the CITY on November 5, 1998 entered into a Professional Services Agreement with Cassidy and Associates to perform services as set forth in Exhibit "A ", Scope of Services of said Agreement, NOW, THEREFORE, the CITY and CONSULTANT do hereby agree to amend the AGREEMENT as follows. 1. The term of the AGREEMENT is hereby extended for four months to March 4, 2000 2. The CITY agrees to compensate CONSULTANT for services at a fee structure of $15,000 per month, not to exceed $60,000 With the exception of the above stated amendments, the AGREEMENT shall remain in full force and effect and be unaffected by this AMENDMENT "A" IN WITNESS WHEREOF, this Instrument has been duly executed as of the day and year first above written. CITY OF EL SEGUNDO Mike Gordon, Mayor ATTEST: Cindy Mortesen, City Clerk APPROVED AS TO FORM: 2 ark D. HWMV-G'ity Attorney CONSULTANT By: Cassidy & Associates 1.1 AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT, made and entered into this 6th day of October, 1998, between the CITY OF EL SEGUNDO, a municipal corporation, hereinafter referred to as "City" and CASSIDY & ASSOCIATES, hereinafter referred to as "Consultant" In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows 1 SCOPE OF SERVICES. Consultant agrees to perform the services set forth in its letter of September 28, 1998 to City, attached hereto as Exhibit "A" "SCOPE OF SERVICES" and made a part hereof However, it is understood by City and Consultant that Consultant's work under this Agreement shall only relate to the Douglas Street Extension Project. Consultant represents and warrants that it has the qualifications, experience to properly perform said services in a thorough, competent and professional manner and shall, at all times during the term of this Agreement, have in full force and effect, all licenses required of it by law. Consultants shall begin its services under this Agreement upon mutual execution by City and Consultant of this Agreement. Consultant shall complete each of the services set forth in Exhibit A to the City's satisfaction. Further, Consultant shall complete the services set forth in Exhibit A strictly according to the schedule provided therein. N:%AGREEMNT MST -1- 2640..•. n r I 2 STATUS OF CONSULTANT Consultant is and shall at all times remain as to the City a wholly independent contractor The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control Neither City nor any of its officers, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees or agents, except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. 3. CONSULTANTS KNOWLEDGE OF APPLICABLE LAWS. Consultant shall keep itself informed of applicable local, state and federal laws and regulations which may affect those employed by it or in any way affect the performance of its services pursuant to this Agreement. Consultant shall observe and comply with all such laws and regulations affecting its employees. City and its officers and employees, shall not be liable at law or in equity as a result of any failure of Consultant to comply with this section. 4 PERSONNEL. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant's staff assigned to perform the services hereunder and shall obtain the approval of the City Manager of all proposed staff members performing services under this Agreement prior to any such performance. HAAGREEMWAST -2- 2640. - 062 5 COMPENSATION AND METHOD OF PAYMENT. Compensation to the Consultant shall be as follows Consultant shall provide services for the penod of one (1) year, commencing upon mutual execution of this Agreement in consideration of payment of fifteen thousand dollars ($15,000) per month for total compensation of one hundred and eighty thousand dollars ($180,000), including expenses It is understood by City and Consultant that City's monthly payment of fifteen thousand dollars ($15,000) and total payment in the amount of one hundred and eighty thousand dollars ($180,000) shall include the City's entire obligation for reimbursement for all out -of- pocket expenses incurred by Consultant. In the event that the total amount of compensation for services rendered and expenses incurred by the Consultant exceeds one hundred and eighty thousand dollars ($180,000), Consultant shall formally request authorization of the City Council for additional funding under this Agreement It is the intent of City and Consultant that Consultant's total invoices for any one (1) month shall not exceed fifteen thousand dollars ($15,000). To the extent that Consultant forecasts that future monthly invoice(s) shall exceed fifteen thousand dollars ($15,000), Consultant shall seek pre - approval in writing from the City Council to exceed fifteen thousand dollars ($15,000) in a particular month Such request shall be made in writing at least thirty (30) days prior to the month in which the fifteen thousand dollars ($15,000) per month limit is requested to be exceeded Payments shall be made within thirty (30) days after receipt of each invoice as to all non - disputed fees. If the City disputes any of consultant's fees it shall give written notice to Consultant in thirty (30) days of receipt of a invoice of any disputed fees set forth on the invoice N'WGREEMNT.MST -3- 2640....) 063 6 ADDITIONAL SERVICES OF CONSULTANT Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to the Douglas Street Extension, unless such additional services are authorized in advance and in writing by the City Manager Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. 7. ASSIGNMENT. All services required hereunder shall be performed by Consultant, its employees or personnel under direct contract with Consultant. Consultant shall not assign to any subcontractor the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without the prior written consent of City Manager. 8 FACILITIES AND RECORDS. City agrees to provide: suitably equipped and furnished office space, public counter, telephone, and use of copying equipment and necessary office supplies for Consultant's on -site staff, if any. NAAGREEMNT.MST -4- 2640. • •- 064 Consultant shall maintain complete and accurate records with respect to costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts therefrom as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment 9. TERMINATION OF AGREEMENT. This Agreement may be terminated with or without cause by either party upon 30 days written notice. In the event of such termination, Consultant shall be compensated for non - disputed fees under the terms of this Agreement up to the date of termination 10 COOPERATION BY CITY. All public information, data, reports, records, and maps as are existing and available to City as public records, and which are necessary for carrying out the work as outlined in the Scope of Services, shall be furnished to Consultant in every reasonable way to facilitate, without undue delay, the work to be performed under this Agreement. NAAGREEMNT.MST -5- 2640....- P 6 5 11 OWNERSHIP OF DOCUMENTS In the event of termination, suspension or abandonment of, this Agreement, all original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall, become the sole property of City With respect to computer files, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files 12 RELEASE OF INFORMATION /CONFLICTS OF INTEREST. (a) Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. If Consultant or any of its officers, employees, consultants or subcontractors does voluntarily provide information in violation of this Agreement, City has the right to reim- bursement and indemnity from Consultant for any damages caused by Consultant's conduct, including the City's attorney's fees. N•VIGREEMNT MST W-2 2640.. , I, _ . i Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any parry regarding this Agreement and the work performed thereunder or with respect to any project or property located within the City City retains the right, but has no obligation, to represent Consultant and /or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. (b) Consultant covenants that neither they nor any officer or principal of their firm has any interest in, or shall they acquire any interest, directly or indirectly which will conflict in any manner or degree with the performance of their services hereunder. Consultant further covenants that in the performance of this Agreement, no person having such interest shall be employed by them as an officer, employee, agent, or subcontractor without the express written consent of the City Manager. 13 DEFAULT, in the event that Consultant is in default of any provision of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. N.WGREENNTAST 2640..,, `67 14. INDEMNIFICATION (a) Consultant represents it is skilled in the professional calling necessary to perform the services and duties agreed to hereunder by Consultant, and City relies upon the skills and knowledge of Consultant Consultant shall perform such services and duties consistent with the standards generally recognized as being employed by professionals performing similar services (b) Consultant is an independent contractor and shall have no authority to bind City nor to create or incur any obligation on behalf of or liability against City, whether by contract or otherwise, unless such authority is expressly conferred under this agreement or is otherwise expressly conferred in writing by City. City, its elected and appointed officials, officers, agents, employees and volunteers (individually and collectively, "Indemnitees ") shall have no liability to Consultant or to any other person for, and Consultant shall indemnify, defend, protect and hold harmless the Indemnitees from and against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses of whatever nature, including reasonable attorneys' fees and disbursements (collectively "Claims "), which the Indemnitees may suffer or incur or to which the Indemnitees may become subject by reason of or ansing out of any injury to or death of any person(s), damage to property, loss of use of property, occurring as a result of the negligent or willful acts or omissions of Consultant, its agents, officers, directors or employees, in performing any of the services under this agreement. NAAGREEMNT MST 2640. , I r68 If any action or proceeding is brought against the Indemnitees by reason of any of the matters against which Consultant has agreed to indemnify the Indemnitees as above provided, Consultant, upon notice from the CITY, shall defend the Indemnitees at Consultant's expense by counsel acceptable to the City The Indemnitees need not have first paid any of the matters as to which the Indemnrtees are entitled to indemnity in order to be so indemnified The insurance required to be maintained by Consultant under paragraph 15 shall ensure Consultant's obligations under this paragraph 14(b), but the limits of such insurance shall not limit the liability of Consultant hereunder. The provisions of this paragraph 14(b) shall survive the expiration or earlier termination of this agreement It is understood that CASSIDY cannot undertake to verify all facts supplied to it by THE CITY or related entities or all factual matters included in materials prepared or used by us and approved by THE CITY or related entities. THE CITY agrees to indemnify and hold harmless CASSIDY from and against any and all losses, claims, damages, legal fees, expenses, or liabilities that CASSIDY may incur based upon information, representations, reports, data, or releases furnished or approved by THE CITY or its specifically authorized representative for use or release by CASSIDY, whether or not CASSIDY prepared or participated in the preparation of such materials. This paragraph shall survive the termination of this agreement and shall continue to bind both parties. The Consultant's indemnification does not extend to Claims occurring as a result of the Cry's negligent or willful acts or omissions. N:WGREEMNT.MST WE 2640... 116 15 INSURANCE A Insurance Reauirements Consultant shall provide and maintain insurance acceptable to the City Attorney in full force and effect throughout the term of this Agreement, against claims for in juries to persons or damages to property which may anse from or in connection with the performance of the work hereunder by Consultant, its agents, representatives or employees. Insurance is to be placed with insurers with a current A M Best's rating of no less than A:VII. Consultant shall provide the following scope and limits of insurance- (1) Minimum Scope of Insurance Coverage shall be at least as broad as (a) Insurance Services Office form coverage (Occurrence Form CG 0001). Commercial General Liability (b) Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, including code 1 "any auto" and endorsement CA 0025, or equivalent fors subject to the written approval of the City. (c) Workers' Compensation insurance as required by the Labor Code of State of California and Employer's Liability insurance and covering all persons providing services on behalf of the Consultant and all risks to such persons under this Agreement. NINGREEMNT.MST -10- 2640..,, r, 70 (2) Minimum Limits of Insurance Consultant shall maintain limits of insurance no less than (a) General Liability $1,000,000 per occurrence for bodily injury, personal injury and property damage If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the activities related to this Agreement or the general aggregate limit shall be twice the required occurrence limit. (b) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. (c) Workers' Compensation and Employer's Liability: Workers' Compensation as required by the Labor Code of the State of California and Employers Liability limits of $1,000,000 per accident. B Other Provisions. Insurance policies required by this Agreement shall contain the following provisions: N•WGREEMNT.MST -11- 2640, 1`71 (1) All Policies. Each insurance policy required by this paragraph 15 shall be endorsed and state the coverage shall not be suspended, voided, canceled by the insurer or either party to this Agreement, reduced in coverage or in limits except after 30 days' prior written notice by Certified mail, return receipt requested, has been given to the City (2) General Liability and Automobile Liability Coverages (a) City, its officers, officials, and employees and volunteers are to be covered as additional insureds as respects. liability arising out of activities Consultant performs, products and completed operations of Consultant; premises owned, occupied or used by Consultant, or automobiles owned, leased or hired or borrowed by Consultant. The coverage shall contain no special limitations on the scope of protection afforded to City, its officers, officials, or employees. (b) Consultant's insurance coverage shall be primary insurance as respect to City, its officers, officials, employees and volunteers. Any insurance or self insurance maintained by City, its officers, officials, employees or volunteers shall apply in excess of, and not contribute with, Consultant's insurance. N 1AGREEMNT MST -12- 264 0 . . n72 (c) Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability (d) Any failure to comply with the reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers. (3) Workers' Compensation and Employer's Liability Coverage. Unless the City Manager otherwise agrees in writing, the insurer shall agree to waive all rights of subrogation against City, its officers, officials, employees and agents for losses arising from work performed by Consultant for City. C Other Regwrements. Consultant agrees to deposit with City, at or before the effective date of this contract, certificates of insurance necessary to satisfy City that the insurance provisions of this contract have been complied with. The City Attorney may require that Consultant furnish City with copies of original endorsements effecting coverage required by this Section. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. City reserves the right to inspect complete, certified copies of all required insurance policies, at any time. N WGREEMNT.MST -13- 2640 . �'- n7; (1) Consultant shall furnish certificates and endorsements from each subcontractor identical to those Consultant provides (2) Any deductibles or self - insured retentions must be declared to and approved by City. At the option of the City, either the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects the City, its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims. (3) The procuring of such required policy or policies of insurance shall not be construed to lima Consultant's liability hereunder nor to fulfill the indemnification provisions and requirements of this Agreement. 16. ENTIRE AGREEMENT. This Agreement is the complete, final, entire and exclusive expression of the Agreement between the parties hereto and supersedes any and all other agreements, either oral or in writing, between the parties with respect to the subject matter herein. Each party to this Agreement acknowledges that no representations by any party which are not embodied herein and that no other agreement, statement, or promise not contained in this Agreement shall be valid and binding. N :%AGREEMNT,MST -14- 2640.. , J -- ^74 17 GOVERNING LAW, The City and Consultant understand and agree that the laws of the State of California shall govem the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the Los Angeles County Superior Court 18 ASSIGNMENT OR SUBSTITUTION City has an interest in the qualifications of and capability of the persons and entities who will fulfill the duties and obligations imposed upon Consultant by this Agreement. In recognition of that interest, neither any complete nor partial assignment of this Agreement may be made by Consultant nor changed, substituted for, deleted, or added to without the prior written consent of City. Any attempted assignment or substitution shall be ineffective, null, and void, and constitute a material breach of this Agreement entitling City to any and all remedies at law or in equity, including summary termination of this Agreement. 19 MODIFICATION OF AGREEMENT. The terms of this Agreement can only be modified in writing approved by the City Council and the Consultant. The parties agree that this requirement for written modifications cannot be waived and any attempted waiver shall be void. NAAGREEMNT.MST -1 s - 26 4 O`175 .r 20 AUTHORITY TO EXECUTE. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he /she/they hasihave the authority to execute this Agreement on behalf of his/her /their corporation and warrants and represents that he /she /they has /have the authority to bind Consultant to the performance of its obligations hereunder 21 NOTICES. Notices shall be given pursuant to this Agreement by personal service on the party to be notified, or by written notice upon such party deposited in the custody of the United States Postal Service addressed as follows: N.WGREEMNT.MST Cam. Attention- Ed Schroder Public Works Department City of El Segundo 350 Main Street El Segundo, California 90245 Telephone (310) 322 -4670, extension 230 Facsimile (310) 322 -4167 Consultant. Cassidy & Associates Attention. James P. Fabiani 700 Thirteenth Street, NW, Suite 400 Washington, D.0 20005 -5917 Telephone: (202) 347 -0773 Facsimile: (202) 347 -0785 -16- 2640 76 The notices shall be deemed to have been given as of the date of personal service, or three (3) days after the date of deposit of the same in the custody of the United States Postal Service 20 SEVERABILITY. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of the other provisions of this Agreement IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF EL SEGUNDO CONSULTANT: Cassidy & Associate // /N a By: B 'V '/! Y� t r y Title Mike Gordon, Mayor P. abiani President & CEO tI ATT ST. C dyC dy Mort , Cit Jerk, Cit lerk P O FORM: Mark D. Hensley, City omey N•WGREEMNT MST -17- 2 6 4 0 r' 77 ' E10416tT "A" CASSI D &ASSOCIATH JAMES P FABIANI Vice chaunun Preudenr & CEO Honorable Michael Gordon Mayor City of El Segundo 350 Maio Street El Segundo, CA 90245 Mr. John Gams Councilman 5 City of El Segundo 350 Main Street El Segundo, CA 90245 Dear Sirs September 28, 1998 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 witb you to pursue a number of the City's short- and long -term infrastructure and economic development goals. With this letter 1 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 wonting ASAP in order to best position ourselves with the legislative and appropriations agenda for the 106"' Congress as well as to initiate efforts with the Executive Branch and federal agencies regarding the President's FY 2000 budget -� CASSMY & 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 govetnmtait affairs program on its behalf. This tam 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 Capital Hill and various executive agencies. An 6.riniw OmW Ca t; ww 700 TICRTEEMN SIRM. NW, SUrIE 40D WASHOdGCON. DC ZOWS•S917 Telephone 202/347 -0773 Fas:202/347 -D7B5 OOlgq 26 4 0 . . X78 "I y ��. ... ...MTV V...�i.� 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 rekationsbrps of the enure 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 cote team members include- ■ GABOR J. Roza - Mr. Ron 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 wodt 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. ■ DAMEL J. McNAMARA — Prior to joining Cassidy do Associates in 1989. Mr. McNamara spent fourtcen years in the United States Senate, most recently as a key policy advisor and Legislative Director to U.S. Senator Dave Durenberger (R -MN). W. McNamara served as the Senator's staff person on the Senate Committee on Environment and Public Worsts, where he specialized in tramportatum and infintructure issues. ■ JouN S. Doric, JR. — 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 Corniunee on Science, Space 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 World) and as Acting Secretary of the Army (Civil Works) during the Reagan and Bach admunstrations. 0 M RTY Russo — Mr. Russo represented the Chicago -based Third District in the House of Representatives for eighteen years, distinguishing himself by his involvement in public policy issues such as eotergy, tax policy, Federal budgets, health care, environmental policy and trade. Mr. Russo served on the House Commerce Committee and was on the Subcommium on Oversight and Invesuganom, Energy, Telecommunication, and Transportation. During his congressional tenure. Mr. Russo also served on the House Ways k Means Committee, the House Budget Committee, an the House Judiciary Cwmmaee and was the Deputy Democratic Whip of the U.S. House of Representatives. 00195 .. 2640 .. . 079 September 28, 1998 Page Three y ■ DAN TATS:, Ja. —Prior to joining Cassidy & Associates earlier this year, Mr. Tate served as a Special Assistant to the President of the United States for Legislative A.ffaim. 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 fanner Legislative Director for U.S. Representative W.J. "Billy" Tauain (D-LA). ti ■ W. CwusmrBEA LAmorm - Mr. Lamond served as LegisMve Correspondent for U.S. Senator Fred Thompson (R -T N) from December 1994 through 1997 where he researched and trackad legislation 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& ASSOCIATES- THEPaocESS Cassidy & Associates believes that for clients to be successful and achieve their objectives relative to the federal government, they trust have a baste government relations program that establishes and maintains an ongoing effort and presence among key dectston- makers in the U.S. govesntaettt 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 eliems by fully assessing their pnonues and oppoipmities through a needs assessment or "Resource Inventory" procrss. 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 senes of recommendations about specific uuuauves 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 dements of this plan include: 1. NEEDS ASSESSMENT/RESOURCE INVEN MAY 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 pmjeets. 2.. MrmAGE DEVELOPMENT Following the Resource Inventory, we will work to develop a clear and concise set of messages on the Cirys priority initiatives. 'These messages will be used to promote the initiatives in Congress and within the Administration, 00196 - 2640 :M September 28. 1998 Page Four 3. STRATEGYDEVELOPMINT We will develop a comprehensive strategy for pursuing the City's short- and long- term goals. Key strategic activities include- • Defining the initiative(s); • Idcatifymg multiple and redundant, as well as diverse potential sources of fimuiinj1partnership within the federal govemmant; • Providing the appropriate jus ification for the imuative's request for funding; and • Identifying and workiag with the key membets of Congress who will be instrumental in the consideration and ultimate passage of the specific legislative vehicle($). i 4. LEGISLATIVEACTivtTMS Key initial activities we will undertake on behalf of the City include. • Wntiag Case Statement documents that describe in greater detail the elements of the initiatives) as well as a justification for finding; • 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 DEVELORNIENT 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 c., fact sheets, white papers, thud -party testimonials. letters, and draft bill language). 6. CoNGRmtoNAL COALmoN BtnIwIDIG We will work to identify key Members of Cemgreta to act as "champions" for the City's priority initiatives. We will also work to build a network of support for the 5 uuuauvcs both within the California Delegation (including the individual who will replace retiring Representative Jane Harman) as well as the Congress at large. 7. 7 Hmrp -PARTY ALLY DEvEWrhIENT We will work with the City to build a eoahtion of thud -party allies from among key stale and local constituencies, for example, the local business community (e.g., Mattel. Xerox, Unocal, Hughes and CSC). G0197 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 cheat 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 supports come to Capitol Hill to present their mihative(s) and to interact personally with their supporters. 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 efrorts is the Douglas Street Extension. We believe that than are several opportunities for the City to pursue federal partnerships for this initiative. DOUGLAS STREET EXTENSION It is clear tbat the completion of the Douglas Street extension is a top priority. The City of El Segundo is undergoing aggressive economic development east of Scpulveda 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 extension 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 20W. Potential legislative vehicles include• • FY 2000 Department of Traasparnaoa Appropriations • FY 2000 Department of Defense Appropriations; Base Rcaiignment acid Closure • FY 2000 Department of Housing and Urban Development Appropriations; Economic Development lmtiative • FY 2000 DcPUMIemt of Commerce Appmpriations; Economic Development Administration • TEA -21 Teclutical Corrections Authorization 00198 - 2640 • • • - ti -- 082 September 28, 1998 Page Six HISTORY AND BACKGROUND The Cassidy Companies, Inc. is an employer owned network of public affairs Sams providing govemment relations, public w4adons, 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 & Assoctates. Candy & 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 firms 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, hdanziad by substantive expertise, to the political market. Accordingly, on bebalfof our clients, we often play a leadership role in developing proactive approaches for achieving broad public policy objectives. Cassidy & Associates' successes an behalf of its clients flow directly ftvm a uruque combination of political awareness, communications expertise, legislative acumen and an undcrstanditig of the name and function of the federal govermnenL It will be ouv objective to work with the City of El Segundo to enter into futidmg partimships with the federal government and to create for the City a strong and consistent voice in 1 Washington 1 CONSIDERATION . Our fees are 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 vnll 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 problem 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 m 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 20717371037. W., f t Y. 26 4 0 • • -- 00199 ^R3 EL SEGUNDO CITY COUNCIL MEETING DATE: October 5, 1999 AGENDA ITEM STATEMENT AGENDA HEADING: Consent AGENDA DESCRIPTION: Approval of three separate amendments to existing Professional Services Agreements between the City of El Segundo and Hannah Brondiat -Bowen Associates ($17,200), W+Ildan Associates ($22,100), and, Tina Gail Associates ($5,800); to continue contract planning support services to the Planning Division of the Planning and Building Safety Department, through the current (1999 -2000) Fiscal Year. RECOMMENDED COUNCIL ACTION: 1 Approve the following Professional Services Contract Amendments for a Hannah Brondial -Bowen Associates Amendment Number 2 to Contract Number 2666, in an amount not to exceed $17,200, b Willdan Associates Amendment Number 2 t Contract Number 2669, in an amount not to exceed $22,100, c Tina Gall Associates Amendment Number 3 to Contract Number 2523, in an amount not to exceed $5,800, and, 2 Authorize the Mayor to execute each contract amendment on behalf of the City INTRODUCTION AND BACKGROUND: The Department of Planning and Budding Safety has, during the past several years, employed the 1 Amendment to the Professional Services Agreements between the City and Hannah Brondial -Bowen Associates, Wdldan Associates, and Tina Gall Associates, respectively 2 City Council Agenda Item Statement —April 20, 1999 FISCAL IMPACT. (Check one) Operating Budget- ✓ Capital Improv. Budget: Amount Requested: $45.100.00 Total Project/Account Budget: $20.000.00 + $25.100.00 = $45.100.00 Total Project/Account Balance: $45,100.00 Date: 10 -1 -99 Account Number: 001 -400- 2701 -6214 ProfessionaVTechnical Services Project Phase: N/A Appropriation Required - Yes_ No x ORIGINATED: Date: September 28, 1999 MaASt n, City Manager ACTION TAKEN: • "R4 EL SEGUNDO CITY COUNCIL MEETING DATE October 5, 1999 AGENDA ITEM STATEMENT AGENDA HEADING: Consent INTRODUCTION AND BACKGROUND: (Continued from Pagel) services of Hannah Brondial -Bowen Associates, an independent professional planner, Wdldan Associates, a provider of planning contract professionals, and, Tina Gall Associates, an independent grants administrator/ planner, to perform various professional and technical services for the Department Existing Professional Service Agreements, previously approved by the City Council (April 20, 1999), are already in place for these three professional planning firms (attached) The amendments are simply extensions to the existing Agreements for the new (1999/2000) budget year The amendments will allow these three professional firms to continue service delivery during the Planning Division's interim staffing shortage Within the Planning Division, three of the five budgeted full -time /permanent staff planning positions are currently vacant Planning Manager, Planning Technician and Office Specialist 11 These three positions will be filled within the next three months, subject to a successful recruitment process It is anticipated that permanent staff will replace these temporary contract staff by January 2000 or earlier The proposed contract amounts are consistent with the approved 1999/2000 Budget and the funding level is only sufficient to provide contract staff through the end of December 1999 DISCUSSION. In order to continue, uninterrupted, the Division's current service levels, it is necessary to amend the current professional services agreements These contract staff provide basic services such as responding to telephone inquiries, public counter coverage, plan reviews, and Planning Commission and City Council reports Additionally, these contract staff provide primary assistance with several on -going large contracts Hannah Brondial -Bowen Associates and Tina Gall Associates are providing key support for the contracts for the Housing Element and the Downtown Specific Plan, and W illdan Associates is assisting with the Circulation Element contract agendas \1999\cntamdt2 Rev 9/28/99 1 53 PM X85 AMENDMENT (NO. 2) TO CONTRACT NO. 2666 HANNAN H. BRONDIAL BOWEN, PLANNER AGREEMENT FOR PLANNING CONSULTANT SERVICES This AMENDMENT (NO. 2) to: AGREEMENT FOR PROFESSIONAL AND TECHNICAL SERVICES (Contract No. 2666) is hereby made and entered into by and between the City of El Segundo ( "CITY") Hannah L. Brondial Bowen WHEREAS the CITY on July 1, 1998 selected Hannah L. Brondial Bowen to continue as a Consultant to provide and perform various Department services, NOW THEREFORE the CITY and Hannah L. Brondial Bowen do hereby agree to amend the AGREEMENT as follows SECTION 4 TERM Is amended to reflect that AGREEMENT shall remain and continue in effect until tasks described in AGREEMENT are completed, but in no event later than, September 30, 2000 (FY 99/2000) 2 SECTION 8. COMPENSATION. The city agrees to compensate consultant for its Services at a fee of $55.00 per hour, excluding time and mileage for driving to and from the work site (City Hall) on regularly scheduled work days. Mileage will be reimbursed for travel to and from City Hall, at a rate of $0.315 cents per mile, in the event attendance is required at any other time. The total compensation to be paid by City to Consultant shall not exceed $17,200 for the total term of the Agreement including reimbursable expenses, unless additional payment is approved by the City Council With the exception of the above stated amendments, the AGREEMENT shall remain in full force and effect and be unaffected by this AMENDMENT No. 2. ATTEST- --CITY CLERK Date APPROVED AS TO FORM- CITY OF EL SEGUNDO, A General Law City By Date CONSULTANT B ondi C/ Date anna L Brondial Bowen CITY ATTORNEY Date -ZF 9 p` Aan cnhamenQ hb Rev QW992,00PM zo AMENDMENT (NO. 2) TO CONTRACT NO. 2669 WILLDAN ASSOCIATES AGREEMENT FOR PLANNING CONSULTANT SERVICES This AMENDMENT (NO. 2) to* AGREEMENT FOR PROFESSIONAL AND TECHNICAL SERVICES (Contract No. 2669) is hereby made and entered into by and between the City of El Segundo ( "CITY") and Willdan Associates. WHEREAS the CITY on September 21, 1998 selected Willdan Associates to continue as a Consultant to provide and perform various Department services, NOW THEREFORE the CITY and Willdan Associates do hereby agree to amend the AGREEMENT as follows: SECTION 4. TERM. Is amended to reflect that AGREEMENT shall remain and continue in effect until tasks described in AGREEMENT are completed, but in no event later than, September 30, 2000 (FY 99/2000). 2. SECTION 8. COMPENSATION. The city agrees to compensate Consultant for its Services at a rate of $70.00 per hour, with a range of $65.00 to $70.00 depending on the staff provided. The total compensation to be paid by City to Consultant shall not exceed $22,100 ,,/for the total term of the Agreement, including reimbursable expenses, unless additional payment is approved by the City Council. With the exception of the above stated amendments, the AGREEMENT shall remain in full force and effect and be unaffected by this AMENDMENT No. 2. CITY OF EL SEGUNDO, A General Law City ATTEST- CITY CLERK By Date Date CONSULTANT By APPROVED AS TO FORM: � ./�—� ITY ATTORNEY Date % LP `� S Willdan Associates Date ftlan cnMmnd2 wll Rev. 9418992:02 PM r'87 AMENDMENT (NO. 3) TO CONTRACT NO. 2523 TINA GALL, CDBG ADMINISTOR, PLANNER AGREEMENT FOR PLANNING CONSULTANT SERVICES This AMENDMENT (NO 3) to AGREEMENT FOR PROFESSIONAL AND TECHNICAL SERVICES (Contract No 2523) is hereby made and entered into by and between the City of El Segundo ( "CITY") and Tina Gall WHEREAS the CITY on July 1, 1998 selected Tina Gall to continue as a Consultant to provide and perform various Department services, NOW THEREFORE the CITY and Tina Gall do hereby agree to amend the AGREEMENT as follows SECTION 4 TERM Is amended to reflect that AGREEMENT shall remain and continue in effect until tasks described in AGREEMENT are completed, but In no event later than, September 30, 2000 (FY 9912000). SECTION 8 COMPENSATION The city agrees to compensate consultant for Its Services at a fee of $55.00 per hour. The total compensation to be paid by City to Consultant shall not exceed $5,800 for the total term of the Agreement Including reimbursable expenses, unless additional payment is approved by the City Council With the exception of the above stated amendments, the AGREEMENT shall remain in full force and effect and be unaffected by this AMENDMENT No 3 CITY OF EL SEGUNDO, A General Law City ATTEST CITY CLERK By Date Date CONSULTANT By Date Tina Gall APPROVED AS TO FORM CITY ATTORNEY Date % Of" T! plpian cntomend3 tg Rev 9-2 &99 Im EL SEGUNDO CITY COUNCIL MEETING DATE: 20 April 1999 AGENDA ITEM STATEMENT AGENDA HEADING: Consent AGENDA DESCRIPTION: Approval of three separate contract amendments between the City of El Segundo and Hannah Brondial -Bowen Associates; Willdan Associates, and, Tina Gall Associates, respectively, to continue existing contract planning support services to the Planning Division of the Planning and Building Safety Department, and, authorize the necessary budget transfers within the Planning and Building Safety Department Budget in amounts not to exceed $80,000 for Ms Brondial- Bowen, $130,000 for Willdan Associates, and $16,000 for Ms Gall, through the current (1998 -1999) Fiscal Year ending 30 September 1999 RECOMMENDED COUNCIL ACTION: 1 Approve the following Professional Services Contract Amendments for a Hannah Brondial -Bowen Associates. Amendment Number 1 to Contract Number 2666, in an amount not to exceed $80,000 through the current Fiscal Year ending 30 September 1999, b Willdan Associates, Amendment Number 1 to Contract Number 2669, in an amount not to exceed $130,000 through the current Fiscal Year ending 30 September 1999, c Tina Gall Associates Amendment Number 2 t o Contract Number 2523, in an amount not to exceed $16,000 through the current Fiscal Year ending 30 September 1999; and, 2 Authorize the Mayor to execute each contract amendment on behalf of the City INTRODUCTION AND BACKGROUND: The Department of Planning and Building Safety has, dunng the past eighteen months, vanously employed the (continued Page 2) ATTACHED SUPPORTING DOCUMENTS: 1 Amendment to the Professional Services Agreements between the City and Hannah Brondral -Bowen Associates, Willdan Associates, and Tina Gall Associates, respectively. FISCAL IMPACT: (Check one) Operating Budget. Capital Improv. Budget: Amount Requested: 0 (Budget Transfer $150,000) Project/Account Budget: ProjectlAccount Balance: Date: 20 April 99 Account Number: From 2701_ Personnel Project Appropriation Required -Yes_ No ✓ Mary Strenn, City Manager ACTION TAKEN: 'i EL SEGUNDO CITY COUNCIL MEETING DATE: 20 April 1999 AGENDA ITEM STATEMENT AGENDA HEADING: Consent INTRODUCTION AND BACKGROUND: (Continued from Page 1) services of Hannah Brondial -Bowen Associates, an Independent professional planner, Wilidan Associates, a provider of planning contract professionals, and, Tina Gall Associates, an Independent grants administrator/ planner, to perform various professional and technical services for the Department Exisbng Professional Service Agreements, previously approved as to content by the Department Director and as to form by the City Attorney, are already in place for these three professional planning firms The amendments are simply extensions to the existing Agreements. The amendments will allow these three professional firms to continue service delivery during the Planning Division's current, continued staffing shortage. Within the Planning Division, the staffing shortage has left vacant, three of the four budgeted full -time, permanent Staff Planners These two positions will remain vacant until after the completion of the Department Management Audit The Management Audit Report is expected to be completed in May 1999. The Report's recommendations may include suggestions for a Department reorgan¢abon and/or reclassification of specific positions Thus, since a minimum of fifteen to eighteen weeks' time is necessary to formally recruit permanent full -time staff, the Planning Division may not be completely staffed until after the end of the current Fiscal Year. Furthermore, it should be noted that Brondial -Bowen Associates, Willdan Associates, and Tina Gall Associates provide part-time, interim staff services, that collectively, fall below the number of hours performed during a typical or average pay period attributable to the current vacant/on leave full -time, budgeted, permanent positions DISCUSSION: In order to continue, uninterrupted, the Division's (and Department's) current service levels, including completion of ❑sting projects and the provision of such basic services as responding to telephone inquiries, public counter .overage, and plan reviews, it Is necessary to amend the current professional services agreements with Ms. Bowen, Willdan Associates, and Ms Gall. To accomplish this, the Department budget requires a transfer of funds from the Personnel budget line item to the Professional/Technical Services budget line item. The transfer of funds from the Department's Personnel budget line item represents salary and benefit savings from the vacant, full -time Planning staff positions Furthermore, additional funds from two, currently budgeted FY 1998 -1999 Department activities, Census Awareness and Signs /Inventory Abatement, will also be transferred to the Professional/Technical Services budget line item to support the temporary planning services provided by Brondial -Bowen Associates, Willdan Associates, and Tina Gall Associates The Census Awareness and Signs /Inventory Abatement projects will be re- prioritized within the Department's future budgeted activities. Thus, Staff recommends approval of a budget transfer (and use of existing Professionalfrechnical Services' funds) together with approval of the three separate Professional Service Contract Amendments for Hannah Brondial -Bowen Associates, Willdan Associates, and Tina Gall Associates. There will be no fiscal impact to the City's General Fund agendas11999kntamdd "00 AMENDMENT (NO. 1) TO CONTRACT NO. 2666 HANNAN H. BRONDIAL BOWEN, PLANNER AGREEMENT FOR PLANNING CONSULTANT SERVICES This AMENDMENT (NO. 1) to AGREEMENT FOR PROFESSIONAL AND TECHNICAL SERVICES (Contract No 2666) is hereby made and entered into by and between the City of El Segundo ( "CITY ") Hannah L. Brondial Bowen. WHEREAS the CITY on July 1, 1998 selected Hannah L. Brondial Bowen to continue as Consultant to provide and perform various Department services, NOW THEREFORE the CITY and Hannah L. Brondial Bowen do hereby agree to amend the AGREEMENT as follows: SECTION 4. TERM. is amended to reflect that AGREEMENT shall remain and continue in effect until tasks described in AGREEMENT are completed, but in no event later than, September 30, 1999 (FY 98/99). 2. SECTION 8 COMPENSATION. The city agrees to compensate consultant for its Services at a fee of $55.00 per hour, excluding time and mileage for driving to and from the work site (City Hall) on regularly scheduled work days. Mileage will be reimbursed for travel to and from City Hail, at a rate of $0.31 cents per mile, in the event attendance is required at any other time. The total compensation to be paid by City to Consultant shalt not exceed $80,000 for the total term of the Agreement including reimbursable expenses, unless additional payment is approved by the City Council. With the exception of the above stated amendments, the AGREEMENT shall remain in full force and effect and be unaffected by this AMENDMENT No 1. CITY OF EL SEGUNDO, A General Law City ATTEST: CITY CLERK By Date APPROVED AS TO FORM: Cl ATTORNEY Date Date CONSULTANT X/4 4Bro Date RC Hanna ten powkneamoldift 091 AMENDMENT (NO. 2) TO CONTRACT NO. 2523 TINA GALL, CDBG ADMINISTOR, PLANNER AGREEMENT FOR PLANNING CONSULTANT SERVICES This AMENDMENT (NO 2) to AGREEMENT FOR PROFESSIONAL AND TECHNICAL SERVICES (Contract No 2523) is hereby made and entered into by and between the City of El Segundo ( "CITY ") and Tina Gall. WHEREAS the CITY on July 1, 1998 selected Tina Gall to continue as a Consultant to provide and perform various Department services, NOW THEREFORE the CITY and Tina Gall do hereby agree to amend the AGREEMENT as follows- SECTION 4 TERM. Is amended to reflect that AGREEMENT shall remain and continue in effect until tasks described in AGREEMENT are completed, but in no event later than, September 30, 1999 (FY 98/99). 2 SECTION 8 COMPENSATION. The city agrees to compensate consultant for its Services at a fee of $55.00 per hour. The total compensation to be paid by City to Consultant shall not exceed $16,000 for the total term of the Agreement including reimbursable expenses, unless additional payment not to exceed $10,000 total is approved in writing in advance by the Director of Planning and Building Safety. With the exception of the above stated amendments, the AGREEMENT shall remain in full force and effect and be unaffected by this AMENDMENT No. 2. ATTEST: CITY CLERK Date APPROVED AS TO FORM: ITY ATTORNEY Date CITY OF EL SEGUNDO, A General Law City go CONSULTANT By Tina Gall Lf Date Date rz.r rh .4 �/7"�1 p%p1en.cnMmend2.fp rq2 AMENDMENT (NO. 1) TO CONTRACT NO. 2669 WILLDAN ASSOCIATES AGREEMENT FOR PLANNING CONSULTANT SERVICES This AMENDMENT (NO. 1) to: AGREEMENT FOR PROFESSIONAL AND TECHNICAL SERVICES (Contract No. 2669) is hereby made and entered into by and between the City of El Segundo ( "CITY ") and Wilidan Associates. WHEREAS the CITY on September 21, 1998 selected Wilidan Associates to continue as a Consultant to provide and perform various Department services, NOW THEREFORE the CITY and Willdan Associates do hereby agree to amend the AGREEMENT as follows• SECTION 4. TERM Is amended to reflect that AGREEMENT shall remain and continue in effect until tasks described in AGREEMENT are completed, but in no event later than, September 30, 1999 (FY 98/99). 2. SECTION 8. COMPENSATION. The city agrees to compensate Consultant for its Services at a rate of $70.00 per hour, with a range of $65.00 to $70.00 depending on the staff provided The total compensation to be paid by City to Consultant shall not exceed $130,000 for the total term of the Agreement, including reimbursable expenses, unless additional payment is approved by the City Council. With the exception of the above stated amendments, the AGREEMENT shall remain In full force and effect and be unaffected by this AMENDMENT No. 1. CITY OF EL SEGUNDO, A General Law City ATTEST. CITY CLERK By Date Date CONSULTANT By Date Wiildan Associates APPROVED AS TO FORM: a I k,- ? ATTORNEY Date p%plan.anaamnd1wil ,n� CITY COUNCIL MEETING, OCTOBERS, 1999 Citizens of El Segundo, the El Segundo Aviation Safety and Noise Abatement Committee, known as ASNAC, has been in existence for 27 years. The committee's mission statement is to study issues which have a disturbing effect on El Segundo and seek ways to reduce them. We focus on noise and airplane flight paths and have responded by devising our own camera surveillance system. I have been privileged to chair the Committee for the last 4 years. At the Sept 21st City Council meeting I heard for the first time that the Council "zeroed out" the money ASNAC requested for maintaining the video /audio camera system, the camera system that watches for early turns. No explanation was given and to this day ASNAC has not been officially informed of the Council's decision When we Committee members arrived for our September monthly meeting there was no City- provided secretary, no meeting packet, and for the first time in 27 years our agenda was not posted to allow conduct of an official meeting. Again no notification. I've been a member of the Committee for 10 years, Steve Storm our video system engineer, 20 years. Does experience mean nothing? Does dedicated volunteerism mean nothing? Does the respect our committee has earned at LAX and especially at the control -tower mean nothing9 What is to become of your 27 year old Aviation Safety and Noise Abatement Committee? Major accomplishments of ASNAC: 1. In 1991, ASNAC recommended that El Segundo pass a resolution stating that the City is categorically against any and all Avigation Easements. Resolution 3679, March 5, 1991, signed by Mayor Carl Jacobson. 2 Following that resolution ASNAC initiated the successful movement which lead to abolishing the requirement of an Avigation Easement to accept LAX money for sound insulation. Abolishing the Avigation Easement is when El Segundo started your Residential Sound Insulation Program. 3. ASNAC continually faced mounting LAX matters. The Committee's Council representative, Councilman Dick Switz was appraised and with Council approval the position of Airport Projects Administrator was created El Segundo became famous in the area for having created LAX's only watch -dog position. Councilwoman Ruth Galanter's office joined the interviewing process — February 1993. 4 City staff ran the first video camera surveillance system and did it poorly. ASNAC took over the camera system and, when calibrated with the tower and the FAA, Mr. Storm's system passed with flying colors. Before the camera system we recorded around 1100 -900 early turns a month, we now get around 250 ASNAC's camera system has been written up in airport trade journals, and is the only citizen - operated airport surveillance system in all America. 5. Congresswoman Jane Harman served on the FAA budget committee Armed with data collected from ASNAC's camera system, she told the FAA to stop flying over El Segundo houses or their money would be reduced. In less than 6 months (this qualifies as a miracle) the Seal Beach 3 Standard Instrument Departure procedure was enacted This is a takeoff procedure for smaller jets, they being responsible for most of the early turns. 6. In 1997, ASNAC recommended to the Council that the City categorically reject all 4 LAX Master Plan concepts as they did not address a regional approach. Thus Resolution 4008, April 15, 1997, signed by Mayor Sandra Jacobs lof2 7 Using ASNAC videos as proof, the FAA has taken 5 early turn pilots to court, finding all 5 pilots guilty, a LAX first. (* See footnote) 8. ASNAC is currently working with SKYWEST, 1998- 1999's worst early turn offenders — 70 -90 early turns a month. SKYWEST asked ASNAC to monitor tower procedures as SKYWEST pilots say the tower tells them to turn early, the tower says no way. ASNAC can determine who is correct. Because of our accomplished and ongoing good work, the committee urges the Council to reconsider any decisions to cut back. Citizens of El Segundo, your 27 year old Aviation Safety and Noise Abatement Committee is at risk. ASNAC needs its camera system to continue as your experienced early turn watch -dog. We volunteers wish to continue ASNAC Thank you. q Liz Garnho� Chair, City of El Segundo Aviation Safety and Noise Abatement Committee ASNAC early turn incidents reported to FAA Fight Standards District Office resulting in penalty precedents 1 July 26, 1995, 11-3 IPM, ASIANA Airlines, 747 cargo, took off on 25L without takeoff instructions, one pilot 2 February 21, 1998, noon, CACTUS (AMERICAN WEST), one pilot 3. April 5, 1998, 6:03PM, CHAMPION, 727, cockpit of 3 all on trial, lost FAA trial and are requesting an appeal before a NTSB fudge (waiting for court date) 2of2 12���sEfl October 7,1999 To Mayor Gordon From M E Traber Councilman Mcdowell 1999 OCT I I AN 10. 10 214 E Walnut Ave Councilwoman Werrnck - EI Segundo, Ca Councilwoman Jacobs (90245) Councilman Gaines et al Re Council Meeting Dated October 5,1999 This letter is in response to my promise to submit in writing the issues that I spoke of that I feel need to be addressed and resolved by the city council I would like to take this moment to thank you all for the opportunity to express my concerns Unlike some people at the podium I think that the council's demeanor was very professional The way you handled the waiver of the fee for St Anthonys Church for the charity displayed your ability to act swift and decisively, without the bureaucratic interference that is present in so many public offices To refresh your minds about the position that I took at the meeting listed above, I am 54 years old and have lived in El Segundo all of my life I graduated El Segundo High in 1963 and IM here to stay I am a musician and have been since the early sixties Another thing that you should know about me is that between 1966 and 1968 1 served in the military During that period of my life, every place that I was stationed, people who lived in those communities would tell me "that's how we do it here If you don't like it, go back to where you came from " With that in mind, this is where I grew up and I have no intention of giving an inch to anyone who wants to change our little paradise to suit themselves and that goes double for newbees with special interests We set this town up in the fashion that we did because this is the way that we want it People who move here need to get like us or they need to go elsewhere People who try to run over us are in for a very scratchy nde We refuse to lie down and let that happen and we do take care of our own I will now lay out the three points that I addressed at the meeting POINT 1 Disturbing the peace (i a noise level) As long as I can remember, the law /policy of this community was people were allowed to have parties and play their music loud but reasonable in residential zones, until ten or eleven at night without fear of the police coming to your house and threatening to cite you or take you to fail The commercial zones could go as long as they were allowed to stay open I want to know when this law changed, who changed the law or if it is dust a policy determined by someone in official capacity Either way, we want it changed back to the way it was This current situation gives the police department instant probable cause to detain and harass anyone for what otherwise they would have no reason to stop I am not saying that our police department has ever done that nor do I know that they ever would I wish to be perfectly clear that I am not making accusations I have nothing but respect for Chief Gnmmond and our entire police force If they are not the finest in the nation, they are sure in the front row I also however, do not wish to live in a police state which is exactly what you have when you throw your right to privacy out No official agency should have that much power I request a response to this issue Point 2 Zoning To my knowledge, there really are no dead quiet neighborhoods in El Segundo With the airport to the North and the refinery to the South there is constant noise 24 hours a day If you live here for any length of time, these neighborhoods may seem quiet to you but to someone from Arizona they would be noisy The refinery has been here forever and is the reason that this town came to be So has the airport and even longer so have the bars and music houses on Richmond street All of the housing that is adjacent to these recreational facilities came after Now these late comers are complaining about the noise Just as I do not feel sorry for people who rent on west Imperial Highway and complain about the bets, I have no sympathy for the people who rent in areas that are adjacent to entertainment houses and then complain about the noise during the hours of operation of these establishments It makes me wonder who did their demographics They had to know how it was when they moved in These people need to get over it or they need to find a quieter place to live To give an establishment a license to have music and then have the Police come by at 5 30 on Saturday evening and shut them down is absolutely ludicrous This point is informational only and requires no response Point 3 Misuse of the emergency system 911 The most disturbing part of this entire fiasco is that every time that the police come to turn down or shut off the music, they state that they are responding to a 911 call The emergency system is supposed to be used only for life or death situations, not for general business calls My father bought his house on Walnut street in 1948 and is now 86 years old If he hits, the floor and cannot get through to 911 because some self centered idiot is tying up the line, I will take legal action There will be news reporters and more trouble then you can imagine I think a reasonably prudent individual would respond in this fashion The real problem here in lies is that my father would still be dead I do not know who made this decision but I cannot help but wonder "what was this person or persons thinking ?" Please correct this abomination I request a response to this point Thank you for your concern and assistance in these matters I patiently await your reply With due reqard M E TRABER