The URL can be used to link to this page

2002 JAN 15 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, if desired Please respect the time limits Members of the Public may place items on the Agenda by submitting a Written Request to the City Clerk or City Manager's Office at least six days prior to the City Council Meeting (by 2 00 p 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 with Disabilities Act, if you need special assistance to participate in this meeting, please contact City Clerk, 524 -2305 Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, JANUARY 15, 2002 — 5:00 P.M. Next Resolution # 4244 Next Ordinance # 1346 5:00 P.M. SESSION CALL TO ORDER ROLL CALL CLOSED SESSION: The City Council may move into a closed session pursuant to applicable law, including the Brown Act (Government Code Section §54960, It sue) 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 CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Gov't Code §54956 9(a)) 1 Glover v City of El Segundo, LASC No YC39465 2 City of El Segundo v Stardust, LASC No YC31364 3 City of El Segundo v South Bay Regional Public Communications Authority, YC040688 001 CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code §54956 9(b) -0- potential case (no further public statement is required at this time), Initiation of litigation pursuant to Government Code §54956 9(c) -3- 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) — Meeting with Real Property Negotiator City Manager Mary Strenn, Real Property located at 121 West Grand Avenue, Parties negotiating with Columbia Development, under negotiations are development options for the real property SPECIAL MATTERS — None 2 C�,2 AGENDA EL SEGUNDO CITY COUNCIL COUNCIL CHAMBERS - 350 Main Street The City Council, with certain statutory exceptions, can only take action upon properly posted and listed agenda items 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, if desired Please respect the time limits Members of the Public may place items on the Agenda by submitting a Written Request to the City Clerk or City Manager's Office at least six days prior to the City Council Meeting (by 2 00 p 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 Drior to the meeting and thev do not exceed five (5) minutes in lenath In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact City Clerk, 524 -2305. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, JANUARY 15, 2002 — 7:00 P.M. Next Resolution # 4244 Next Ordinance # 1346 7:00 P.M. SESSION CALL TO ORDER INVOCATION — Reverend Julie Elkins, United Methodist Church PLEDGE OF ALLEGIANCE — Council Member Sandy Jacobs PRESENTATIONS — (a) Commendation to El Segundo Fire Department employee Mickey Rinder, for her professional and caring actions during an emergency on November 27, 2001 (b) Presentation of Certificates of Recognition to recipients and judges of "2001 Lighting Up the Community Program " 003 (c) Presentation of trophy to Girl Scout Troop, one of the winning groups of the 2001 "Let Freedom Ring" Holiday Parade. (d) Presentation by Director Ed Little of West Basin Municipal Water District of water rebate check to the City of El Segundo in the amount of $240,520 00 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 poor to addressing the City Council Failure to do so shall be a misdemeanor and punishable by a fine of $250. While all comments are welcome, the Brown Act does not allow Council to take action on any item not on the agenda The Council will respond to comments after Public Communications is closed A. PROCEDURAL MOTIONS Consideration of a motion to read all ordinances and resolutions on the Agenda by title only. Recommendation — Approval B. SPECIAL ORDERS OF BUSINESS Public hearing on the proposed project and budget for allocation of the Fiscal Year 2002 -2003 Community Development Block Grant (CDBG) funds. Proposed total Fiscal Year 2002 -2003 CDBG budget: $258,000 (Proposed Community Development Commission CDBG 2002 -2003 Allocation - $115,489: Community Development Commission Unallocated CDBG Funds - $98,381; General Fund monies - $44,130. Recommendation — (1) Hold Public hearing, (2) Discussion- (3) Consider proposed projects and budget, and direct staff accordingly, (4) Authorize the Director of Community, Economic and Development Services to execute agreements with the Community Development Commission, and (5) Authorize the Director of Community, Economic and Development Services to execute agreements in excess of $10,000 with all sub - recipients receiving CDBG funds C. UNFINISHED BUSINESS D. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS 004 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 2522433 to 2522583 on Register No. 7 in the total amount of $534,335.58 and Wire Transfers from 12/21/2001 through 01/04/2002 in the amount of $292,088.88. Recommendation — Approve Warrant Demand Register and authorize staff to release Ratify Payroll and Employee Benefit checks, checks released early due to contracts or agreement, emergency disbursements and /or adjustments, and wire transfers 3. City Council meeting minutes of January 2, 2002 Recommendation — Approval 4. Approval by Council to surplus Fire Department equipment/vehicles, authorize the donation of some of the surplused items to the Guaymas Fire Department and to appropriately dispose of the remaining items. Fiscal Impact: Surplused items have minimal or no value. Recommendation — (1) Surplus a Holmatro Rescue Tool, (2) Surplus Fire Protection Clothing that no longer meets operational requirements /needs; (3) Surplus two (2) older model fire prevention vehicles (VIN# 1FAPP36XOPK178009 and VIN# 1 FAPP36X7PK178010), (4) Authorize the City Manager to offer a donation of surplused Fire Department items to the City of Guaymas Fire Department under the "Sister City Program ", (5) Authorize the City Manager to appropriately dispose of those items donated to the Guaymas Fire Department Agreement between the City of El Segundo and the Los Angeles County Metropolitan Transportation Authority (MTA) for administration of Federal Transit Administration (FTA) grant funds for the Douglas Street Gap Closure /Railroad Grade Separation project (Grant amount $2,079,661.00). Recommendation — Approve agreement and authorize City Manager to execute the agreement on behalf of the City 6. Award of three (3) year contract to Waste Management for professional services to provide disposal of City generated green waste (Fiscal Impact per year $20,000.00). Recommendation — (1) Award the professional services contract to Waste Management for $20,000.00, (2) Authorize the City Manager to execute the standard professional agreement on behalf of the City 005 7. Award of contract to SW Mapping Technologies, Inc., for professional services to provide digital orthophotography services (Fiscal Impact $34,408.00). Recommendation — (1) Award the professional services contract to SW Mapping Technologies, Inc , for $34,408 00, (2) Authorize the City Manager to execute the standard professional agreement on behalf of the City CALL ITEMS FROM CONSENT AGENDA NEW BUSINESS — Adoption of a resolution approving, authorizing and directing execution of an Amended and Restated Joint Exercise of Powers Agreement relating to the California Statewide Communities Development Authority. Recommendation — Adopt Resolution. F. REPORTS — CITY MANAGER — NONE G. REPORTS — CITY ATTORNEY — NONE H. REPORTS — CITY CLERK — NONE REPORTS — CITY TREASURER — NONE REPORTS — CITY COUNCIL MEMBERS Council Member McDowell — Council Member Gaines — Council Member Wernick — Mayor Pro Tern Jacobs — Mayor Gordon — 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 pnor to addressing the City Council Failure to do so shall be a misdemeanor and punishable by a fine of $250 While all comments are welcome, the Brown Act does not allow Council to take action on any item not on the agenda The Council will respond to comments after Public Communications is closed 6 0OG MEMORIALS — Adjournment in memory of former El Segundo resident/Police Officer /and Fire Captain, Floyd Ingram, and, former Mayor of our neighboring city of Torrance, James Armstrong CLOSED SESSION The City Council may move into a closed session pursuant to applicable law, including the Brown Act (Government Code Section §54960, et sue) for the purposes of conferring with the Cdy'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 m, January 15, 2002 under "Closed Session" (if needed) REPORT OF ACTION TAKEN IN CLOSED SESSION (if required) ADJOURNMENT POSTED: DATE January 9, 2002 TIME T NAME �• .c- 7 007 EL SEGUNDO CITY COUNCIL MEETING DATE. January 15, 2002 AGENDA ITEM STATEMENT AGENDA HEADING Special Order of Business -Public Hearing AGENDA DESCRIPTION Public hearing on the proposed projects and budget for allocation of the Fiscal Year 2002 -2003 Community Development Block Grant (CDBG) funds Proposed total Fiscal Year 2002 -2003 CDBG budget $ 258,000 (Proposed Community Development Commission CDBG 2002 -2003 Allocation- $115,489, Community Development Commission Unallocated CDBG Funds -$ 98,381, General Fund monies - $ 44,130 RECOMMENDED COUNCIL ACTION 1) Hold public hearing, 2) Discussion, 3) Consider proposed projects and budget, and direct staff accordingly, 4) Authorize the Director of Community, Economic and Development Services to execute agreements with the Community Development Commission, and, 5) Authorize the Director of Community, Economic and Development Services to execute agreements in excess of $10,000 with all sub - recipients receiving CDBG funds INTRODUCTION AND BACKGROUND - Each year, Community Development Block Grant (CDBG) funds are allocated to cities by the Federal Housing and Urban Development Department (HUD) and administered through the Los Angeles County Community Development Commission (CDC) Participating cities receive funding based upon the total number of cities participating in the County's program, and a city's commitment to provide housing, economic, social service, and community development opportunities which principally benefit persons of low and moderate income levels There will be little or no change in CDBG funding levels from last year and there will be no increase in the cost of administering the program DISCUSSION Since 1986, the City of El Segundo has annually participated in the Los Angeles Urban County's CDBG Program (Continued on next page) ATTACHED SUPPORTING DOCUMENTS Fiscal Year 2002 -2003 estimated CDBG allocation — Los Angeles County Community Development Commission FISCAL IMPACT; Operating Budget CDBG /General Fund /CDBG Unallocated Amount Requested, $115,489 CDBG 02 -03 / $44,130 (General Fund)/ $98,381 (Unallocated CDBG) Date Fiscal Year 2002 -2003 Account Number, CDBG - Fund 111 / Gen Fund - 001 Protect Phase N/A Appropriation Required, None ORIGINATED _ Date, //1,l James M Han n, Pirector of Community, Economic and Development Services REVIEWED BY- Date Mary Strenn, Cet an r �jL x.08 1 DISCUSSION (Continued) In order to continue Its participation in the upcoming 2002 -2003 program year, which begins on July 1, 2002 and ends on June 30, 2003, the City of El Segundo must prepare and submit its proposed CDBG protect descriptions to the Community Development Commission by February 1, 2002, for review and approval Pursuant to Federal requirements, notice of this public hearing was posted in various public buildings within the City Federal requirements also mandate that as part of the hearing, the Council and public be informed of the range of eligible housing and community development activities that maybe funded under the CDBG program Interested persons may obtain a copy of the Federal eligibility guidelines, available at the City of El Segundo's Department of Community, Economic and Development Services, from 8 00 a m, to 5 00 p m Monday through Friday Proposed 2002 -2003 CDBG Proiects and Budget The proposed 2002 -2003 CDBG allocation for the City of El Segundo is $115,489 However, this is a planning estimate only, the Los Angeles County Community Development Commission (CDC) does not receive the final appropriation from HUD until Spring 2002 The City's final CDBG allocation may be more or less than the planning estimate Generally, however, the final allocation is within 10% of the estimate provided The 2002 -2003 CDBG program year may operate within a 15% public service limit, and a 10% General Administration limit as mandated by the Federal regulations Fifteen percent of the City's annual CDBG allocation for 2002 -2003 equals approximately $17,323 Thus, a maximum of $17,323 in CDBG funds may be cumulatively expended on all public service projects Since the City of El Segundo typically devotes a total of $56,500 annually to its CDBG public service projects which include Home Delivered Meals, Senior In -Home Care and Juvenile Diversion, supplemental funds totaling $39,177 must be identified in order to maintain existing public service protect levels. Similarly, 10% of the City's 2002 -2003 allocation is $11,548 CDBG administrative services have intensified due to changes in the Federal reporting and management requirements Thus, in order to maintain existing CDBG management services, General Fund monies totaling $4,952 will be required to supplement the 2002 -2003 CDBG Administration Therefore, the total General Fund Supplement for 2002 -2003 equals approximately $44,130 There will be little or no change in CDBG costs for the 2002 -2003 Program Year The General Fund Supplement was adopted as part of the City of El Segundo's Fiscal Year 2001- 2002 Final Operating Budget A complete list of the proposed CDBG 2002 -2003 protects and budgets are General Fund Total Budget CDBG Allocation Supplement Home Delivered Meals (Public Service) $16,000 $5,774 $ 10,226 Under a continuing public service agreement with Daniel Freeman Marina Hospital (recently acquired by Tenet Corp ), approximately 5,000 meals are delivered to El Segundo low and moderate income elderly and severely handicapped persons annually Additional revenues of approximately $9,000 in donations are anticipated. This increases the total budget to $25,000 Senior In -Home Care (Public Service) $24,500 $5,774 $18,726 Under a continuing public service agreement with Just Right Help, Inc , approximately 600 home visits are made annually to El Segundo low and moderate - income elderly and severely handicapped persons Juvenile Diversion (Public Service) $16,000 $5,774 $ 10,226 Under a continuing public service agreement with the South Bay Youth Protect, approximately 400 counseling service hours are provided by licensed family therapists to El Segundo at -risk youth Minor Home Repair $45,000 $45,000 0 The Minor Home Repair project provides financial assistance to qualified low and moderate income, single family, owner - occupied condominium and homeowners to make necessary minor home improvements Approximately five no- interest, deferred loans up to $7,500 may be approved for minor home improvements Additionally, recent changes in the federal CDBG regulations now require every housing rehabilitation project to comply with federal lead - based paint identification and remediation Thus, in conjunction with no- interest, deferred loans, eligible homeowners will be offered direct grants to compensate for the costs associated with lead -based paint hazard evaluation and reduction requirements Administration (max 10 %) $16,500 $11,548 $4,952 Unspent funds from previous program years' closed -out projects are available for reallocation to new or continuing eligible CDBG protects These unspent, unallocated CDBG funds exist in a "contingency" account held by the Los Angeles County Community Development Commission and the City may apply for the funds for eligible CDBG projects Any unexpended funds at the end of the program year are not lost, they are "rolled over" into the next budget year for reprogramming (public service projects, such as Home Delivered Meals, Senior In -Home Care, Juvenile Diversion, and CDBG General Administration are excluded from these reallocated funds). Thus, unexpended funds from previous CDBG program years will be used to support continuing, eligible CDBG projects including Residential Sound Insulation and construction of the City Hall West Handicapped Accessible Elevator Residential Sound Insulation $ 40,000 $ 40,000 0 The RSI program provides grants to eligible low and moderate - income single - family detached homeowners, not to exceed $8,000, and condominium owners, not to exceed $6,000, to obtain home insulation against airport noise. CDBG funds pay all or a part of the homeowners 20% share of the program cost The Federal Aviation Administration will pay the other 80% share of the cost of sound insulation, per housing unit Approximately four to six grants will be funded Public Facilities and Improvements — City Hall West Handicapped Accessible Elevator $200,000 $100,000 $100,000 (City CIP Budget) CDBG funds will pay for a portion ($100,000 of the $200,000 total cost) of the construction costs associated with the installation of a new, handicapped accessible elevator in City Hall west 01 1) Carlos Jackson Execuhve Director COMMUNITY DEVELOPMENT COMMISSION of the County of Los Angeles 2 Coral Circle • Monterey Park, CA 91755 323 890 7001 • www lacdc org October 23, 2001 Chris Ketz, Plannning Manager City of El Segundo 350 Main Street El Segundo, CA 90245 Dear Ms Ketz CITY UNALLOCATED FUNDS REPORT Gloria Molina Yvonne Braithwaite Burke Zev Yaroslaysky Don Knobe Michael D Antonovich Commiss,oners As conveyed in Community Development Block Grant (CDBG) Bulletin No 01 -0033, the CDBG Division has changed its pohcp for maintaining a City's unprogrammed funding balance Lasted below is your City's CDBG Unallocated Funds balance as of September 30, 2001 The Current Year Allocation includes any additonal CDBG funds acquired through exchanges or transfers with other participating cities If you have any questions, please contact me at (323) 890 -7167 Sincerely, 4w,'Cr4 i4 RAYMOND WHITE, Development Specialist Community Development Block Grant Division RW Ih P Home /CDBG fCommonJGPA my nallm it, Strengthening Neighborhoods • Supporting Local Economies • Empowering Families • Promoting Individual Achievement Oil i t \4M�p�NO O NEUf EEUTUBY TOTAL CURRENT YEAR PROGRAM INCOME UNALLOCATED ALLOCATION FUNDS $115,489 0 100,868 The Current Year Allocation includes any additonal CDBG funds acquired through exchanges or transfers with other participating cities If you have any questions, please contact me at (323) 890 -7167 Sincerely, 4w,'Cr4 i4 RAYMOND WHITE, Development Specialist Community Development Block Grant Division RW Ih P Home /CDBG fCommonJGPA my nallm it, Strengthening Neighborhoods • Supporting Local Economies • Empowering Families • Promoting Individual Achievement Oil i t \4M�p�NO O NEUf EEUTUBY z° S 4 Z 0 J J W N F W � LL OF z� U K 3 Q O 4 a a 0 w 0 rm. LL m 2 w O S2 LL r LL a 3 = = Zy a LL((Y(p]J�oo LL� LL� J 6� m N� Vm1 pzLLwam»�j��. LLu(yyw Ci�F�J2pp�� U c7 3 p Q p 4 m 8 H 8gaa�f�a O m t70Nm NO m a � n j U y boy m Z J > F p LL W yW U Z 2 m 33 Y E LL 1 LLU 1� 6 Z Y6' R p LL V z K LL W S 1pFjjW�mw m _�8"9 o W J W3 D p Y V x u 0 w a m` U F E � n E €€ s O n O m " � � 8 W 8 % gw5 L b a � N LL U C LL �I z' c w S H $ > E U m �b €$$ 9C 5� W sit 0 JIM a 5 " " �s z N '3 'S rN n" Ss�14 i 1 w LL Q 6 m 2 FI Q tl 1 2 CITY OF EL SEGUNDO PAYMENTS BY WIRE TRANSFER 1212112001 THROUGH 0110412002 Date 12/28/01 12/28/01 1/3/02 1/3/02 1/4/02 1/4/02 1/4/02 12/21 -12/31 Payee Amount Description Union Bank 30,000 00 PGC -El Segundo, LLC payroll Health Comp 1,661 79 Weekly claims 12/21 Employment Development 40,098 80 State Taxes PR 14 IRS 199,209 90 Federal Taxes PR 14 Federal Reserve 10000 Employee Savings Bonds EE Federal Reserve 65000 Employee Savings Bonds I Health Comp 7,09003 Weekly claims 12/28 Workers Comp Activity 13,278 36 SCRMA checks issued DATE OF RATIFICATION- 01/15/02 TOTAL PAYMENTS BY WIRE: Certified as to the accuracy of the wire transfers by 292,088 88 1 I, �a a Date Date c Dat Information on actual expenditures is available in the City Treasurer's Office of the City of El Segundo 292,088.88 v I .i MINUTES OF THE REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL WEDNESDAY, JANUARY 2, 2002 — 5:00 P.M. 5:00 P.M. SESSION — Continued to 7 00 p m CALL TO ORDER Deputy City Clerk Domann adjourned the meeting due to lack of quorum to 7 00 P M , January 2, 2002 CLOSED SESSION: None REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL WEDNESDAY, JANUARY 2, 2002 — 7:00 P.M. 7:00 P.M. SESSION CALL TO ORDER - Mayor Gordon at 7 00 P M INVOCATION — Father Jim Anguiano of St Anthony's Roman Catholic Church PLEDGE OF ALLEGIANCE — Council Member Sandy Jacobs PRESENTATIONS — Council Member McDowell read a Proclamation saluting the "El Segundo Diamonds" and proclaiming January 18, 2002 as the 85th Anniversary of the City of El Segundo He also presented proclamation to Ellen Armantrout, Faye Kravagna, Enid Leecee and Norma Peregrin ROLL CALL Mayor Gordon Mayor ProTem Jacobs Council Member Gaines Council Member McDowell Council Member Wernick - Present - Present - Present - Present - Present 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 While all comments are welcome, the Brown Act does not allow Council to take action on any item not on the agenda The Council will respond to comments after Public Communications is closed Peggy Tyrell, resident, spoke against the El Segundo Corporate Campus Project Development and the traffic impact MINUTES OF THE REGULAR CITY COUNCIL MEETING JANUARY 2, 2002 PAGE NO 1 3 014 Kitty Crowley, resident, spoke regarding the need for a Traffic Circulation update and when a new one would be done Brain Crowley, resident, spoke against the El Segundo Corporate Campus Project Development Emma Duncan, resident, spoke against the El Segundo Corporate Campus Project Development Angelica Rocay, Tree Musketeers, thanked the Council for their support. Mark Rener, resident, spoke regarding the El Segundo Corporate Campus Project Development Liz Garnholz, resident, spoke regarding potential conflict of interest and against the El Segundo Corporate Campus Project Development Ralph Capo, resident, spoke in support of the El Segundo Corporate Campus Protect Development Al Cepeda, resident, spoke in support of the El Segundo Corporate Campus Protect Development Joe Brandon, resident, spoke against the El Segundo Corporate Campus Protect Development George Rey, resident, spoke in favor of the El Segundo Corporate Campus Protect Development Tom Ashe, resident, spoke In favor of the El Segundo Corporate Campus Protect Development Bill Mason, Chamber of Commerce, spoke in favor of the El Segundo Corporate Campus Protect Development A. PROCEDURAL MOTIONS Consideration of a motion to read all ordinances and resolutions on the Agenda by title only MOVED by Council Member Gaines, SECONDED by Council Member Wernick to read all ordinances and resolutions on the Agenda by title only MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 B. SPECIAL ORDERS OF BUSINESS C. UNFINISHED BUSINESS 1 Adoption of a Resolution and Ordinance approving a Development Agreement, Specific Plan and related entitlements for the proposed Corporate Campus Specific Plan to construct a 2,175,000 gross square foot mixed -use protect on a 46 5 -acre property bounded by Atwood Way, Douglas Street, Mariposa Avenue, and Nash Street (Environmental Assessment No 548, Specific Plan No 01 -1, Development Agreement No 01 -1, General Plan Amendment No 01 -2, Zone Change No 01 -1, Zone Text Amendment No 01 -1, Administrative Use Permit No 01 -1, and Subdivision No 01 -5 MINUTES OF THE REGULAR CITY COUNCIL MEETING JANUARY 2, 2002 PAGE NO 2 0 1�i (Vesting Tentative Tract No 53570) Applicant TPG -El Segundo Partners, LLC. Property owner Federal Express Corporation Council Member Wernick not participating due to a possible conflict of Interest City Attorney Mark Hensley read the following Resolution RESOLUTION NO 4241 A RESOLUTION OF THE EL SEGUNDO CITY COUNCIL REGARDING AN APPLICATION FROM TPG -EL SEGUNDO PARTNERS, LLC CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT FOR ENVIRONMENTAL ASSESSMENT NO 548, SPECIFIC PLAN NO. 01 -1, DEVELOPMENT AGREEMENT NO 01 -1, GENERAL PLAN AMENDMENT NO 01 -2, ZONE CHANGE NO 01 -1, ZONE TEXT AMENDMENT NO 01 -1, ADMINISTRATIVE USE PERMIT NO 01 -1, AND SUBDIVISION NO 01 -5 (VESTING TENTATIVE TRACT NO 53570) FOR THE EL SEGUNDO CORPORATE CAMPUS PROJECT MOVED by Mayor ProTem Jacobs, SECONDED by Council Member Gaines to adopt Resolution No 4241 the environmental impact report for Environmental Assessment No 548, Specific Plan No 01 -1, Development Agreement No 01 -1, General Plan Amendment No 01 -2, Zone Change No 01 -1, Zone Text Amendment No 01 -1, Administrative use Permit No 01 -1, and Subdivsion No 01 -5, for the EL Segundo Corporate Campus Project MOTION PASSED BY THE FOLLOWING VOICE VOTE. AYES; GORDON, JACOBS, GAINES AND MCDOWELL. NOES: NONE. NOT - PARTICIPATING: WERNICK 4/011 City Attorney Mark Hensley read the following Ordinance ORDINANCE NO 1345 AN ORDINANCE OF THE EL SEGUNDO CITY COUNCIL REGARDING AN APPLICATION FROM TPG -EL SEGUNDO PARTNERS, LLC APPROVING SPECIFIC PLAN NO, 01 -1, DEVELOPMENT AGREEMENT NO 01 -1, GENERAL PLAN AMENDMENT NO 01 -2, ZONE CHANGE NO 01 -1, ZONE TEXT AMENDMENT NO 01 -1, ADMINISTRATIVE USE PERMIT NO 01 -1, AND SUBDIVISION NO 01 -5 (VESTING TENTATIVE TRACT NO 53570) FOR THE EL SEGUNDO CORPORATE CAMPUS PROJECT MOVED by Mayor ProTem Jacobs, SECONDED by Council Member McDowell to adopt Ordinance No 1345 approving Specific Plan No 01 -1, Development Agreement No 01 -1, General Plan Amendment No 01 -2, Zone Change No 01 -1, Zone Text Amendment No 01 -1, Administrative use Permit No 01 -1, and Subdivsion No 01 -5, for the EL Segundo Corporate Campus Project MOTION PASSED BY THE FOLLOWING VOICE VOTE. AYES; GORDON, JACOBS, GAINES AND MCDOWELL. NOES: NONE. NOT - PARTICIPATING: WERNICK 41011 D. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS 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 MINUTES OF THE REGULAR CITY COUNCIL MEETING JANUARY2,2002 PAGE NO 3 r, t -) 2 Approved Warrant Numbers 2522132 to 2522432 on Register No 6 in the total amount of $1,168,734 52 and Wire Transfers from 12/08/2001 through 12/21/2001 in the amount of $1,057,852 96 Authorized staff to release Ratify Payroll and Employee Benefit checks, checks released early due to contracts or agreement, emergency disbursements and /or adjustments, and wire transfers 3 Approved City Council meeting minutes of December 18, 2001 4 Awarded Contract No 2960 to Perez Electric, Inc for the purchase, upgrade and replacement of the Maintenance Facility Generator Approved Capital Improvement Program — Project No PW 01 -11 (contract amount $66,029.00) Authorized the City Manager to execute the contract on behalf of the City 5 Approved the purchase and installation of a Nederman Model 50 Series Exhaust System from West -Kote Inc, form the Maintenance Facility Approved Capital Improvement Project (Fiscal Impact $23,749 00) 6 Awarded Contract No 2961 to Empire Pipe Cleaning and Equipment, Inc, for professional services to provide storm drain smoke testing services (Fiscal Impact $23,460 00) Authorized the City Manager to execute the standard professional services agreement on behalf of the City 7 PULLED FOR DISCUSSION BY REQUEST OF THE PUBLIC 8 Awarded of Contract No 2962 to Datamatic com, LTD , for professional services to provide remote water meter reader services (Fiscal Impact not to exceed $38,000 00) Authorized the City Manager to execute the standard professional agreement on behalf of the City MOVED by Council Member McDowell, SECONDED by Council Member Gaines to approve consent agenda items 2, 3, 4, 5, 6, and 8 MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 CALL ITEMS FROM CONSENT AGENDA 7 Award Contract No 2963 to BBR Surveying Instruments Company, Inc , for professional services to provide global positioning systems equipment and training (Fiscal Impact $21,600 00) Transfer $4,750 00 to the Capital Outlay account from costs savings in the GIS Professional & Technical Services contract to cover the cost over the originally approved budget of $16,850 00 Authorize the City Manager to execute the standard professional services agreement on behalf of the City MINUTES OF THE REGULAR CITY COUNCIL MEETING JANUARY 2, 2002 PAGE NO 4 017 MOVED by Council Member McDowell, SECONDED by Council Member Gaines to Award Contract No 2963 to BBR Surveying Instruments Company, Inc , for professional services to provide global positioning systems equipment and training (Fiscal Impact $21,600 00) Transfer $4,750 00 to the Capital Outlay account from costs savings in the GIS Professional & Technical Services contract to cover the cost over the originally approved budget of $16,850 00 Authorized the City Manager to execute the standard professional services agreement on behalf of the City MOTION PASSED BY UNANIMOUS VOICE VOTE. 510 NEW BUSINESS - F. REPORTS — CITY MANAGER — NONE G. REPORTS — CITY ATTORNEY — NONE H. REPORTS — CITY CLERK — NONE REPORTS — CITY TREASURER — NONE REPORTS — CITY COUNCIL MEMBERS Council Member McDowell — NONE Council Member Gaines — NONE Council Member Wernick — NONE Mayor Pro Tern Jacobs — NONE Mayor Gordon — NONE 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 pnor to addressing the City Council Failure to do so shall be a misdemeanor and punishable by a fine of $250 While all comments are welcome, the Brown Act does not allow Council to fake action on any item not on the agenda The Council will respond to comments after Public Communications is closed. Mike Stevens, Inglewood, spoke regarding area transportation Requested support against the Arbra Vita interchange He further requested Council adopt a resolution in this matter Liz Garnholz, resident, concurs with Mr Stevens Joe Brandon, resident, spoke about telephone polls and surveys MEMORIALS — NONE CLOSED SESSION - NONE MINUTES OF THE REGULAR CITY COUNCIL MEETING JANUARY 2, 2002 PAGE NO 5 IM, ADJOURNMENT at 8 35 P M Cindy Mortesen, City Clerk MINUTES OF THE REGULAR CITY COUNCIL MEETING JANUARY 2, 2002 PAGE NO 6 =1 EL SEGUNDO CITY COUNCIL AGENDA ITEM STATEMENT MEETING DATE- January 15, 2002 AGENDA HEADING: Consent AGENDA DESCRIPTION. Approval by Council to surplus Fire Department equipment/vehicles, authorize the donation of some of the surplused items to the Guaymas Fire Department and to appropriately dispose of the remaining items Fiscal Impact Surplused items have minimal or no value RECOMMENDED COUNCIL ACTION: 1) Surplus a Holmatro Rescue Tool 2) Surplus Fire Protection Clothing that no longer meets operational requirements /needs 3) Surplus two (2) older model fire prevention vehicles (VIN #•1 FAPP36XOPK178009 and VI N# 1 FAPP36X7PK1 78010) 4) Authorize the City Manger to offer a donation of surplused Fire Department items to the City of Guaymas Fire Department under the "Sister City Program" 5) Authorize the City Manager to appropriately dispose of those items not donated to the Guaymas Fire Department. BACKGROUND & DISCUSSION. The Fire Department has replaced two rescue tools However, given the events of September 11, 2001, technical rescue staff has requested that one of the tools be placed on the Technical Rescue Vehicle The Fire Department is requesting that the other tool be surplused along with two (2) old fire prevention vehicles and Fire Protective Clothing that no longer meet operational requirements /needs Many of these surplused items meet the Fire and Life Safety needs of our "Sister City ..s Fire Department Authorizing the City Manger to determine the disposition of these items would allow for the best use of the vehicles and equipment that have little or no value. ATTACHED SUPPORTING DOCUMENTS: FISCAL IMPACT. Operating Budget- Amount Requested. Account Number. Project Phase: Appropriation Required: ORIGINATED BY REVIEWED City Manager No DATE: ?A iq 4' zoo L DATE: / /2Z ,n0 M EL SEGUNDO CITY COUNCIL MEETING DATE- January 15, 2002 AGENDA ITEM STATEMENT AGENDA HEADING Consent Agenda AGENDA DESCRIPTION. Agreement between the City of El Segundo and the Los Angeles County Metropolitan Transportation Authority (MTA) for administration of Federal Transit Administration (FTA) grant funds for the Douglas Street Gap Closure /Railroad Grade Separation project (Grant Amount $2,079,661 00) RECOMMENDED COUNCIL ACTION Approve agreement and authorize the City Manager to execute the agreement on behalf of the City BACKGROUND & DISCUSSION* The FTA has approved a grant of $2,079,661 00 to finance a portion of the estimated $14 71 million total cost of the Douglas Street Gap Closure /Railroad Grade Separation project The FTA grant will be utilized to cover the costs of the proposed intermodal transit facility element of the larger grade separation project. (Background and discussion continued on the next page ) ATTACHED SUPPORTING DOCUMENTS Agreement FISCAL IMPACT MTA service fee not to exceed $103,983 00 Capital Improvement Program Amount Requested. Account Number: Project Phase- Appropriation Required. BY. DATE January 4, 2002 rt�.tn.d Andres Santamana, Director of FWIk Works N \COUNCIL ]ANUANUARY 15 02 (Friday 01/00/02 11 00 P M) 5 C', ? 1 Background and Discussion (continued) The FTA has a complex application and grant processing procedure City staff has no prior experience in administering a FTA grant The local FTA office strongly recommends that local agencies utilize the MTA as a "pass through" agency since MTA has full time staff with prior experience in administering these grants Staff has negotiated the enclosed agreement with the MTA The agreement provides for the MTA to act on the City's behalf to prepare the grant application, obtain State and Federal approvals and process grant reimbursement requests For its services, MTA will be paid five percent (5 %) of the grant amount not to exceed $103,983 00 The five percent (5 %) fee is typical of MTA's charges to other agencies for similar services Staff is requesting City Council approval of the agreement to ensure that the grant is administered to the compliance of the FTA requirements and that the grant reimbursements are not jeopardized N TOONCILIAN ANOARY 15 02 (Friday 01/04/02 1WPM) ^22 GRANT NUMBER AGREEMENT AGMT# This Agreement is dated as of November 1, 2001, and is by and between the City of El Segundo (the "Agency") and the Los Angeles County Metropolitan Transportation Authority ( "MTA ") A On October 9, 2000, Congress appropriated $2,079,66100 in federal funds, Section 5309 of the Transportation Equity Act for the 2151 Century (TEA -21), (the "Federal Funds ") for an mtermodal transit facility in the City of El Segundo, CA (the "Project ") for Fiscal Year 2001 B. As the Agency is currently not able to apply for and receive these federal funds, the MTA will prepare and submit a grant application to the Federal Transit Administration (FTA) on the Agency's behalf, and will enter into a grant agreement with FTA (the "Grant ") Before submitting the grant application, MTA intends to submit a draft grant application to Agency for Agency's prior approval C. The total cost for the Project described on the Scope of Work attached as Exhibit "A" hereto is estimated to be $2,599,576 00 ( "Estimated Cost ") D The Agency has agreed to provide the required federal match (the "Match ") and any additional finding required to complete the project E MTA assumes no responsibility for the funding of any portion of the Project F Pursuant to the above, the MTA Board action of October 25, 2001, authorized the Chief Executive Officer or the Chief Executive Officer's Designee to enter into agreements with interested cities and local agencies in Los Angeles County for the MTA to act as the pass - through agency for FTA funds on their behalf The Agency is located in Los Angeles County and has requested the MTA act as a designated grant recipient for FTA funds on its behalf G The Agency understands Federal Funds provided herein are contingent upon the FTA's approval of the grant application and are subject to the federal lapsing policy Also, the Agency must have obtained the environmental clearance required by federal regulations H The parties desire to execute this Agreement to authorize MTA to serve as the pass - through agency, on behalf of the Agency, for the Federal Funds Page 1 of 11 C 2 3 ' � u ► I ► 1 I 1 To the extent MTA receives Federal Funds pursuant to the Grant, MTA shall forward such Federal Funds to the Agency pursuant to the Grant and this Agreement 12 Payments to the Agency will be processed by MTA within a reasonable time period, but in no event more than sixty (60) calendar days, after receipt of a Request for Reimbursement meeting the requirements of Section 4 13 The Agency shall be subject to, and shall comply with, all requirements of the Grant and other applicable requirements of the Federal Department of Transportation (USDOT), Federal Department of Labor (DOL), FTA and of the MTA as required by MTA to fulfill its responsibilities as the grantee under the Grant, and as pass - through agency u 2 1 For services rendered under this Agreement, the Agency agrees to pay the MTA an amount equal to one percent 5% of the Agency's award/earmark, not to exceed $103,983 00 ( "the MTA costs ") 22 Payment shall be made by the Agency on the basis of work performed by the MTA in accordance with the following schedule (a) Develop FTA and DOL checklist information 20% (b) Prepare draft grant application 20% (c) Process application to SCAG and State Clearinghouse 20% (d) Submit application to FTA for approval 20% (e) Obtain grant approval 20% 23 Upon completion of each payment milestone listed within subsection 2 2 above, the MTA shall submit an invoice to the Agency, specifying those services that have been completed The Agency shall remit the invoiced amount to the MTA within a reasonable time period of its receipt, not to exceed sixty (60) calendar days 3 TERM The term of this Agreement shall commence upon the date first referenced above, and shall terminate upon termination of the Grant, unless termmated earlier as provided herein Last expenditure date under this Agreement is three years after the FTA grant award date / I M M DI ILA I Hn 10 DILA I DION 41 The Agency agrees to contribute at least the statutorily or other required local contribution of matching funds (other than federal funds), if any is specified within this Agreement or any attachments hereto, toward the actual costs of the Project Page 2 of 11 C \windows =W \pass Ihrouyh ap me tdoc G%4 42 Not more frequently than once a month, but at least quarterly, the Agency will prepare and submit to the MTA a certified Request for Reimbursement for actual allowable Project costs incurred and paid for by the Agency consistent with the Scope of Work document. Advance payments by the MTA are not allowed 43 Each Request for Reimbursement will report the total of Project expenditures and will specify the percent and amount of FTA funds to be reimbursed The Request for Reimbursement shall be accompanied by a report describing the overall work status and progress on Project tasks 44 If applicable, the first Request for Reimbursement shall also be accompanied by a report describing any tasks specified in the Scope of Work document which were accomplished prior to the effective date of this Agreement, which costs could be credited toward the required local contribution described herein provided that MTA has received prior federal approval for such expenditures 4.5 The MTA will retain 10% of the invoice amount until the MTA has evaluated the Agency's performance and made a determination that all contract requirements under this Agreement have been satisfactorily fulfilled 46 Eligible project costs are described in the Grant and FTA guidelines 47 Request for Reimbursement must be submitted on the Agency's letterhead 48 Agency should consult with MTA staff for questions regarding non- reimbursable expenses 49 Total payments shall not exceed the federal funds awarded 410 If any amounts paid to the Agency are disallowed or not reimbursed by the FTA for any reason, the Agency shall remit to MTA the disallowed or non - reimbursed amount(s) within 30 days from receipt of MIA's notice All payments made by MTA hereunder are subject to the audit provisions contained herein and within the Grant 5. EFFECTIVE DATE AND START OF REIMBURSABLE ACTIVITIES Unless written notification is otherwise provided by MTA, the effective date and start date of reimbursable activities is the FTA grant award date Actual reimbursement of eligible work cannot occur until the MTA and the Agency execute this agreement and the MTA has entered into the grant agreement 1 u 61 The Agency shall utilize the Federal Funds and Match to complete the Project as described in the Scope of Work and in accordance with the Grant requirements of the Page 3 of 11 C \windows \TEMP \Oass_th,o ,h .,s .m ns do n n FTA and this Agreement 62 Agency's general and administration direct costs may be invoiced for up to 5% of the actual grant - eligible project costs 63 All FTA requirements and guidelines as summarized in the FTA Master Agreement are incorporated by reference herein as part of this Agreement These requirements include, but are not limited to (a) assurances of legal authority (b) certification of non - debarment, suspension or termination (c) certification of a drug -free workplace (d) intergovernmental review (e) Civil Rights review, including Title VI Program review (f) Disadvantaged Business Enterprise (DBE) assurances (g) Disability nondiscrimination (ADA) (h) Office of Management and Budget (OMB) certification (i) Lobbying certifications 0) Buy America requirements (k) Bus testing requirements (1) NEPA environmental review (m) Single audit requirements (n) Circular 9300 IA (Section 5309) (o) Circular 5010 1C (Grants Management) (p) Circular 4220 1D (Third -Party Contracting) 6.4 MTA shall not be responsible to provide any funding to substitute for the Federal Funds in the event the Grant of Federal Funds is withdrawn, recalled or not appropriated for any reason In the event the Grant is closed, the Agency will reimburse MTA any funds paid that were no longer available in the FTA grant award 65 Should FTA or DOL require amendments, revisions, deletions of, or additions to the provisions contained within this Agreement, Agency agrees to promptly execute all such amendments, revisions, deletions, or additions, as necessary, to comply with FTA's and DOL's requirements 71 The Agency shall be subject to and shall comply with all applicable requirements of the MTA, FTA and DOL regarding Project reporting and audit requirements The Agency shall use the FTA Grant number CA -03 -0597 on all correspondence. 72 The Agency shall submit the following Reports and Certifications to the MTA for the duration of the Project Page 4 of 11 C \endows\TEW \pass through agreement do (� C ( U Quarterly Narrative and Financial Report on Project Progress 73 MTA, FTA and/or their respective designee, in order to fulfill their respective responsibilities as grantee of the Grant and as the pass - through agency and as the grantor of the federal grant, shall have the right to conduct audits of the Project, as needed, such as financial and compliance audits and performance audits The Agency shall establish and maintain proper accounting procedures and cash management records and documents in accordance with Generally Accepted Accounting Principles (GAAP) as applied to governmental agencies The Agency shall reimburse MTA for any expenditure not in compliance with the Scope of Work or other terms and conditions of this Agreement, other applicable requirements of the MTA or requirements of the Grant, or other applicable requirements of the FTA MTA shall use the Federal Acquisition Regulations (FAR) standards in determining the reasonableness of costs incurred MTA shall have the right to conduct a final MTA audit using an outside auditing firm The findings of that MTA audit will be final 74 The Agency shall retain all original records and documents related to the Project for a period of three years after final payment or in accordance with the Grant, whichever time period is greater 75 The Agency shall obtain the services of an independent auditor to conduct a single audit of the Protect each year in conformance with the provisions of OMB Circular A -133 The Agency shall submit a copy of each single audit to the MTA within 30 days of its completion 8 FUNDS AVAILABILITY This Agreement is a pass - through Agreement of FTA grant funds The Grant consists of a 2001 earmark, and is subject to the terms and conditions of this Agreement and the Grant and the applicable requirements of the MTA and FTA This Agreement does not imply nor obligate any funding commitment by MTA for the Project ` 01 nIN 11:4 Dmwl IN 1 ' I I► I ► 1 91 The expenditure and disposition of the Federal Funds by the Agency shall be subject to and in accordance with the terms and conditions of this Agreement, the Grant and the applicable requirements of the MTA and FTA The Agency shall not utilize the Federal Funds in any way or on any project other than that specified in this Agreement and the Grant 92 Programmed Budget (the "Programmed Budget ") for the sources of funds for the Project is attached to this Agreement as Exhibit `B" 93 ONLY FOR CONSTRUC'1 ON PROJECTS At the substantial completion of the Project, the Agency will submit to MTA a Notice of Substantial Completion when (1) the contractor has completed all of the Work, except punch list items, and (2) the Agency has ensured that the Work was performed in accordance with all applicable Project requirements Wrthm a reasonable time thereafter, the Agency and MTA will inspect the Project Work to ascertain substantial completion and to agree on the punch list The Agency shall ensure that all punch list items are completed and shall submit a Request for Final Acceptance Within 30 days thereafter Page 5 of 11 C \. naows\TEW\pass mroughae.emem aoe 027 MTA will inspect the Project Work If accepted, the Agency shall obtain and submit to MTA releases from its contractors and subcontractors Upon approval of the releases, MTA will release any retention and make final payment to Agency If the Work or releases are not accepted or approved by MTA, the Agency shall perform, or have its contractors perform, such acts as are necessary to obtain acceptance of the Work or releases ONLY FOR NON-'CONSTRUCTION PROJECTS At the substantial completion of the Project, the Agency will submit to MTA a Notice of Substantial Completion when (1) the agency has completed all procurement(s) contained within the Scope of Work, and (2) the Agency has ensured that the procurement(s) was/were performed in accordance with all applicable Project requirements Within a reasonable time thereafter, the Agency and MTA will meet to conduct a site visit to verify that all vehicles /equipment have been received by the Agency, that the vehicles /equipment have been placed in service, that the provider(s) have been paid, and that the Agency's Project and/or Procurement files are in order, and to agree on a punch list The Agency shall ensure that all punch list items are completed and shall submit a Request for Final Acceptance Within 30 days thereafter, MTA will meet with the Agency to re- inspect the Project Work If the Work is not accepted or approved by MTA, the Agency shall perform such acts as are necessary to obtain acceptance of the Work Once MTA accepts the Work, MTA will release any retention and make final payment to Agency 94 The Agency shall be responsible for any and all cost overruns for the Project as specified in the grant application submitted by MTA Further, the Agency shall be responsible for covering operating deficits through long -term stable and reliable sources of revenue and to maintain and operate the federally funded Project 95 Upon completion of the Project described in the Scope of Work and disposition of the 10% retention, any unused Federal Funds shall revert back to the FTA 96 The Agency shall address all correspondence to the FTA regarding this Project through the MTA Project Manager 97 No material changes, as determined by the MTA in its reasonable discretion and subject to the final discretion of the FTA, to the Programmed Budget or the Scope of Work shall be funded or allowed without an amendment to this Agreement approved and signed by the MTA Cluef Executive Officer or Ins designee and an amendment to the Grant evidencing the FTA's acceptance of such material change The Agency shall give advance notice to the MTA of all proposed changes to the Programmed Budget or Scope of Work that the Agency submits to the MTA 1 u I ►i 10.1 The Agency shall obligate Federal Funds programmed under this Agreement within two (2) years from the first day of the Fiscal Year in which Federal Funds were appropriated, unless otherwise stated in this Agreement Page 6 of 11 C 4mdows\TEb pass_ehmogh_ agreement doe 0 28 10.2 The Agency must execute this Agreement by January 31, 2002, and demonstrate evidence of timely obligation of Federal Funds programmed for the Project within the time period described in Section 10 1 of this Agreement 103 In the event this Agreement is not executed and/or evidence of timely obligation of Federal Funds is not provided as described in Sections 10 1 and 10 2 of this Agreement, the Project will be reevaluated by MTA and the Federal Funds may be deobhgated consistent with FTA requirements In the event the Federal Funds are deobligated, this Agreement shall automatically terminate. 11 DF.FA11LT_ A Default under this Agreement is defined as any one or more of the following (i) the Agency fails to comply with the terms and conditions contained in this Agreement or the Grant, (u) the Agency fails to perform satisfactorily or to make sufficient progress toward completion, or in breach of Section 9 7 makes a material change to the Scope of Work or the Programmed Budget without MTA's and FTA's prior written consent or approval, or (iii) the Agency is in default of any other applicable requirements of the MTA or the FTA 12 121 In the event of a Default by the Agency, MTA shall provide written notice of such Default to the Agency with a 30 -day period to cure the Default In the event the Agency fails to cure the Default, or commit to cure the Default and commence the same within such 30 day period and to the satisfaction of MTA, MTA shall have the following remedies (i) MTA may terminate this Agreement, (u) MTA may make a determination to make no further disbursements of funds to the Agency, (iii) MTA may recover from the Agency any funds paid to the Agency prior to and after the Default, and/or (iv) any remedies the FTA may have under the Grant 122 Effective upon receipt of written notice of termination from MTA, the Agency shall not undertake any new work or obligation with respect to this Agreement unless so approved by MTA in writing, in which case the disbursement of funds shall continue in accordance with this Agreement 123 Subject to MTA's agreement to provide prior written notice with a 30 -day period to cure the default, the remedies described herein are non - exclusive MTA shall have the right to enforce any and all rights and remedies herein or which may be now or hereafter available at law or in equity I► I ; u 13 1 For purposes of satisfying the requirements of Section 5333(b) of Title 49 of the U S Code (commonly known as Section 13c), the Agency shall, by signing this Agreement, certify its acceptance of the terms and conditions of any and all Capital Assistance Protective Arrangements, and any other Section 5333(b) protections certified by the Department of Labor as applicable to any Federal funding received by the Agency Page 7 of 11 C \. ndms \TEW\pass_thmu h_Mg mein do 029 132 The Agency shall indemnify, defend and hold harmless the MTA and its employees, officers and agents for any claims properly brought by mass transportation employees in the Agency's service area pursuant to the Special Warranty, or any other Section 5333(b) agreement, that may be filed against the MTA and that arises from any or all of the Federal Funds awarded to MTA on behalf of the Agency for the Project su ►: I► 141 Notwithstanding the Term specified in Section 3 above, either the Agency or the MTA may terminate its obligations hereunder at any time, without cause, prior to submittal of the grant application to FTA by providing not less than ten (10) calendar days advanced written notice of such intent to terminate to the other Party The Agency and the MTA may mutually terminate this Agreement with less than ten (10) days written notice if approved by both Parties Once the MTA has submitted the grant application to FTA, the Agency shall have no rights to terminate this agreement as provided in this Section. 14.2 In the event of termination of this Agreement, the Agency shall be liable to the MTA for all services actually performed and all costs actually and reasonably incurred by the MTA up to the date that the terminating Party provides written notification of its intent to terminate In the event of termination of this Agreement, the MTA will immediately stop rendering services under this Agreement and will deliver to the Agency all data, reports, worksheets, and all such other information and materials as the MTA may have accumulated in performing this Agreement M §Yfffl : : u ► 1 K/ ► 1 YY(7►T:� 15 1 This Agreement, along with the applicable requirements of the FTA, DOL, MTA and the Grant, constitutes the entire understanding between the parties, with respect to the subject matter herein The Agreement shall not be amended, nor any provisions or breach hereof waived, except in writing signed by the parties who agreed to the original Agreement or the same level of authority 152 In the event that there is any legal court (e g Superior Court of the State of California, County of Los Angeles, or the U S District Court for the Central District of California) proceeding between the parties to enforce or interpret this Agreement or the applicable requirements of the MTA to protect or establish any rights or remedies hereunder, the prevailing party shall be entitled to its costs and expenses, including reasonable attorneys' fees 153 Neither the MTA nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or committed to be done by the Agency under or in connection with any work performed by, and/or service provided by, the Agency, its officers, agents, employees and subcontractors under this Agreement or the Guidelines The Agency shall fully indemnify, defend and hold the MTA, and its officers, agents and employees harmless from and against any liability and expenses, including without limitation, defense costs, any costs or liability on account of bodily injury, death or personal injury of any person or for damage to or loss of use of property, any environmental obligation, any legal fees and any claims Page 8 of 11 c \windowffEW\pan thmeh_Mg mein aoo 030 for damages of any nature whatsoever arising out of (i) misuse of the Funds by the Agency, or its officers, agents, employees or subcontractors, (u) challenges, claims or litigation filed on behalf of any affected transportation provider and/or employees' union, (m) breach of the Agency obligations under this Agreement or the Grant, or (iv) any act or omission of the Agency, or its officers, agents, employees or subcontractors in the performance of the work or the provision of the services including, without limitation, the Scope of Work described in this Agreement 154 Neither party hereto shall be considered in default in the performance of its obligations hereunder to the extent that the performance of any such obligation is prevented or delayed by unforeseen causes including acts of God, floods, earthquake, fires, acts of a public enemy, and government acts beyond the control and without fault or negligence of the affected party Each party hereto shall give notice promptly to the other of the nature and extent of any such circumstances claimed to delay, hinder, or prevent performance of any obligations under this Agreement 15 5 The Agency shall comply with and ensure that work performed under this Agreement is done in compliance with Generally Accepted Accounting Principles (GAAP), all applicable provisions of federal, state, and local laws, statutes, ordinances, rules, regulations, and procedural requirements and the applicable requirements and regulations of the MTA 156 The Agency shall not assign this Agreement, or any part thereof, without written consent and prior approval of the MTA Chief Executive Officer or his designee, and any assignment without said consent shall be void and unenforceable Subject to all requirements of this Agreement, the Grant, and all other applicable requirements of the MTA and FTA, including without limitation the requirement that design and construction services be competitively procured, the Agency may contract with other entities, including its affiliates in a project management role, to implement this Agreement. 157 This Agreement shall be governed by California law and applicable federal law If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way. 15 8 The terms of this Agreement shall inure to the benefit of, and shall be binding upon, each of the parties and their respective successors and assigns. 159 Notice will be given to the parties at the address specified below unless otherwise notified in writing of change of address 15.10 The Agency in the performance of the work required by this Agreement is not a contractor nor an agent or employee of the MTA and attests to no organizational or personal conflicts of interest and agrees to notify the MTA immediately in the event that a conflict, or the appearance thereof, arises. The Agency shall not represent itself as an agent or employee of the MTA and shall have no powers to bind the MTA in contract or otherwise Page 9 of 11 C \v ndows \TEMP \pass through agreement doc 031 MTA's Address Los Angeles County Metropolitan Transportation Authority Capital Development and Programming One Gateway Plaza, Mail Stop 99 -23 -03 Los Angeles, CA 90012 Attention Steve A Henley The Agency Address City of El Segundo 350 Main Street El Segundo, CA 90245 -3895 Attention Ms Maryam M Jonas Page 10 of 11 C \windows \TEWP pass through agroemrnt doc C32 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized representatives as of the dates indicated below MTA LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY Roger Snoble Date Chief Executive Officer APPROVED AS TO FORM Lloyd W Pellman County Counsel By Deputy GRANTEE CITY OF EL SEGUNDO I: A] 9 Mary Strenn Date City Manager Date Page 11 of 11 c \v ndow \TEA \pass through agreement doc C 33 EXHIBIT "A" SCOPE OF WORK 11.33.03 LA996330 EL SEGUNDO RAILROAD GRADE SEPARATION & INTERMODAL FACILITY The funds provided for under this Agreement will be used for the construction of an mtermodal transit facility adjacent to the Douglas Street Green Line light -rail station The project will be constructed in conjunction with the City's Douglas Street Gap Closure project, and will include such improvements as the construction of an access roadway, installation of traffic signals, development of parking, loading and unloading areas, lighting, landscaping, drainage systems, pedestrian connections to the existing Green Line station, and other related improvements This project will occur within California Congressional District 36, District Official Jane Harman C34 EXHIBIT "B " PROGRAM BUDGET SCOPE 113 -00 BUS STATION /STOP/TERMINALS ACTIVITY FTA Amount Local Match 11.33.03 LA996330 EL SEGUNDO CONSTRUCT RAILWAY GRADE SEPARATION AND INTERMODAL FACILITY $2,079,661 TOTALS $2,079,661 $519,915 $519,915 ESTIMATED NET PROJECT COST: $2,599,576 FEDERAL SHARE: LOCAL SHARE: SOURCES OF FEDERAL FINANCIAL ASSISTANCE UZA ID Accounting Classification FPC FY SEC 60020 200147 03 31 1 00 2001 03 SOURCES OF LOCAL MATCH $2,079,661 $519,915 Value of City -owned land upon which the facility will be constructed will be utilized for the required local match Any additional match that may be necessary will be funded by the City's Proposition A and C Local Return funds, State TCSP funds, and /or AB 2766 local funds 035 EL SEGUNDO CITY COUNCIL MEETING DATE January 15, 2002 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION* Award of three (3) year contract to Waste Management for professional services to provide disposal of City generated green waste (Fiscal Impact per year = $20,000 00) RECOMMENDED COUNCIL ACTION. 1 Award the professional services contract to Waste Management for $20,000 00 2 Authorize the City Manager to execute the standard professional agreement on behalf of the City BACKGROUND & DISCUSSION Each year, the City generates approximately 600 tons of green waste from tree trimming and the green waste drop -off location at the Maintenance Facility that is utilized by City residents (Background and discussion continued on the next page....) ATTACHED SUPPORTING DOCUMENTS None FISCAL IMPACT Operating Budget. $20,00000 Amount Requested $20,00000 Account Number- 001 - 400 - 4201 -6209 Project Phase Award of contract Appropriation Required: No ORIGINATED BY- DATE: January 4, 2002 Andres Santamana, Director of Public Works REVIEWED BY I DATE, Manager NTQO CI4ANVAMIARY 1501 (Fn&Y01 -04- 02400PM) :'JE3 Background and Discussion (continued) Last year, the operational budget was increased from $10,000 00 to $20,000 00 to accommodate the increase in green waste material A monitoring system is being installed this year at the Maintenance Facility to prevent delivery of green waste material by unauthorized parties An RFP was advertised, and on December 28, 2001, two (2) proposals were delivered — one from Waste Management and the other from Consolidated Disposal Services After a review of the proposals by Public Works staff, it was determined that recommendation for contract award be made to Waste Management The proposals showed Haul Recycling Waste Management $90 /haul $27 /ton Consolidated Disposal Services $125 /haul $30 /ton The contract with Waste Management will keep the same haul charge of $90 /haul for three (3) years The recycling charge of $27 /ton will be honored for the first year and negotiated for the second and third year The City reserves the right to continue the contract for the second and third year 037 N TOONCIL JA ANUA Y 15 01 (Rnday 01 -04 02 4 00 P M) EL SEGUNDO CITY COUNCIL MEETING DATE. January 15, 2002 AGENDA ITEM STATEMENT AGENDA HEADING Consent Agenda AGENDA DESCRIPTION Award of contract to SW Mapping Technologies, Inc , for professional services to provide digital orthophotography services — (Fiscal Impact = $34,408 00) RECOMMENDED COUNCIL ACTION: 1 Award the professional services contract to SW Mapping Technologies, Inc, for $34,40800 2 Authorize the City Manager to execute the standard professional agreement on behalf of the City BACKGROUND & DISCUSSION On September 4, 2001, the City Council authorized staff to solicit proposals from qualified consultants to provide digital orthophotography services The digital photos produced will be used by all Departments, as well as being incorporated into the existing GIS Current aerial map displays, which are used throughout the Departments, will also be delivered (Background and discussion continued on the next page....) ATTACHED SUPPORTING DOCUMENTS None FISCAL IMPACT, Operating Budget. $35,00000 Amount Requested, $34,40800 Account Number. 001400- 2505 -8108 Project Phase. Award of contract Appropriation Required: No ORIGINATED BY, DATE. January 4, 2002 Andres Santamaria, Director of Public Works REVIEWED BY. NTOU CIL-LNUANUARY 1504(Friday 01/0M022WPM) 038 Background and Discussion (continued) SW Mapping Technologies, Inc , products and services have been reviewed and have met the requirements It is recommended that SW Mapping Technologies, Inc, be awarded this project The Executive Technical Review Committee has approved the need to have digital orthophotography services provided to the City. The deliverables are 1 Black white orthophotos of the entire City with 3" pixel size at 1" = 40' scale, 2 15 Tx 6' City aerial photo displays 3 2' contour photos for selected portions of the City 4 Compression and viewing software 5 Black and white orthophoto mylar plots at 1" = 100' 039 N \COU CILJA AN ARV 1504(Fndsy 01104102200 P M) EL SEGUNDO CITY COUNCIL MEETING DATE: January 15, 2002 AGENDA ITEM STATEMENT AGENDA HEADING: New Business AGENDA DESCRIPTION: Adoption of a resolution approving, authorizing and directing execution of an Amended and Restated Joint Exercise of Powers Agreement relating to the California Statewide Communities Development Authority RECOMMENDED COUNCIL ACTION: Adopt Resolution BACKGROUND & DISCUSSION: In order to promote economic development, the California Statewide Communities Development Authority (California Communities) was created by cities and counties in California, who are signatories to a Joint Exercise of Powers Agreement This public agency issues bonds to finance projects within the territorial limits of those cities and counties California Communities may issue industrial development bonds that also benefit El Segundo businesses if El Segundo adopts the attached resolution and becomes a party to the Joint Exercise of Powers Agreement The bond program provides manufacturing companies the ability to finance new equipment at tax - exempt rates that are generally 3% less than conventional rates The program requires that the assisted business create one new job for each $50,000 in bond financing within two years following project completion The City does not provide any direct financial assistance or loan guarantees and does not directly or indirectly have a financial obligation for bonds issued through this program For reference purposes, a list of California Communities is attached ATTACHED SUPPORTING DOCUMENTS- Resolution Joint Exercise of Powers Agreement California Statewide Communities Development Authority members list Operating Budget N/A Amount Requested: NIA Account Number: NIA Project Phase: N/A Appropriation Required: No kTED BY- DATE: Hansen, Director, Community, Economic and Development Services City Manager �f 040 v RESOLUTION NO. A RESOLUTION ADOPTED BY THE EL SEGUNDO CITY COUNCIL TO JOIN THE CALIFORNIA STATEWIDE COMMUNITIEIS DEVELOPMENT AUTHORITY. The City Council of the city of El Segundo does resolve as follows SECTION 1 The City Council finds and declares as follows. A The City believes it is in the public interest to participate in economic development financing programs to promote certain projects within the City's jurisdiction, B The California Statewide Communities Development Authority ( "CSCDA ") is a joint powers authority that finances such programs through various methods, C Under the terms of the CSCDA Agreement, public entities may apply for membership in the CSCDA by adopting a resolution of intent and executing a counterpart to the CSCDA Agreement SECTION 2 Pursuant to Section 13 of the CSCDA Agreement, the City of El Segundo seeks membership in the CSCDA by this Resolution SECTION 3 The Mayor, City Manager, City Clerk, and all other officers are authorized and directed to take all actions and do all things necessary or desirable with respect to the City's CSCDA membership SECTION 4 The City Manager is authorized to execute a counterpart to the CSCDA Agreement on the City's behalf SECTION 5 The City Clerk is directed to send certified copies of this Resolution and the executed counterpart of the CSCDA Agreement to the CSCDA SECTION 6 This Resolution will become effective immediately upon adoption PASSED AND ADOPTED this, day of 2002 Mike Gordon, Mayor -I- 041 ATTEST Cindy Mortesen, City Clerk APPROVED AS Mark D Hens it By �. art H Berger, Assistant City , mey CERTIFICATION STATE OF C2iLIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I, Cindy Mortesen, City Clerk of the City of El Segundo, California, DO HEREBY CERTIFY that the whole number of members of the City Council of the said City is five, that the foregoing resolution, being RESOLUTION NO was duly passed and adopted by the said City Council, approved and signed by the Mayor of said City, and attested by the City Clerk of said City, all at a regular meeting of the said Council held on the day of 2001, and the same was so passed and adopted by the following vote AYES NOES ABSENT ABSTENTION NOT PARTICIPATING WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this day of .2002 Cindy Mortesen, City Clerk Of the City of El Segundo, California (SEAL) -2- El.� AMENDED AND RESTATED JOINT EXERCISE OF POWERS AGREEMENT RELATING TO THE CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY THIS AGREEMENT, dated as of June 1, 1988, by and among the parties executing this Agreement (all such parties, except those which have withdrawn in accordance with Section 13 hereof, being herein referred to as the "Program Participants "): WITNESSETH WHEREAS, pursuant to Title 1, Division 7, Chapter-5 of the Government Code of the State of California (the "Joint Exercise of Powers Act "), two or more public agencies may by agreement jointly exercise any power common to the contracting Parties; and WHEREAS, each of the Program Participants is a "public agency" as that term is defined in Section 6500 of the Government Code of the State of California, and WHEREAS, each of the Program Participants is empowered to promote economic development, including, without limitation, the promotion of opportunities for the creation or retention of employment, the stimulation of economic activity, and the increase of the tax base, within its boundaries; and WHEREAS, a public entity established pursuant to the Joint Exercise of Powers Act is empowered to issue industrial development bonds pursuant to the California Industrial Development Financing Act (Title 10 (commencing with Section 91500 of the Government Code of the State of California)) (the "Act ") and to otherwise undertake financing programs under the Joint Exercise of Powers Act or other applicable provisions of law to promote economic development through the issuance of bonds, notes, or other evidences of indebtedness, of certificates of participation in leases or other agreements (all such instruments being herein collectively referred to as "Bonds"); and WHEREAS, in order to promote economic development within the State of California, the County Supervisors Association of California ( "CSAC"), together with the California Manufacturers Association, has established the Bonds for Industry program (the "Program "). 043 WHEREAS, in furtherance of the Program, certain California counties (collectively, the "Initial Participants ") have entered into that certain Joint Exercise of Powers Agreement dated as of November 18, 1987 (the "Initial Agreement "), pursuant to which the California Counties Industrial Development Authority has been established as a separate entity under the Joint Exercise of Powers Act for the purposes and with the powers specified in the Initial Agreement; and WHEREAS, the League of California Cities MCC ") has determined to join as a sponsor of the Program and to actively participate in the administration of the Authority; and WHEREAS, the Initial Participants have determined to specifically authorize the Authority to issue Bonds pursuant to Article 2 of the Joint Exercise of Powers Act ( "Article 2 ") and Article 4 of the Joint Exercise of Powers Act ( "Article 40), as well as may be authorized by the Act or other applicable law; and WHEREAS, the Initial Participants desire to rename the California Counties Industrial Development Authority to better reflect the additional sponsorship of the Program; and WHEREAS, each of the Initial Participants has determined that it is in the public interest of the citizens within its boundaries, and to the benefit of such Initial Participant and the area and persons served by such Initial Participant, to amend and restate in its entirety the Initial Agreement in order to implement the provisions set forth above; and WHEREAS, it is the desire Participants to use a public entity the Joint Exercise of Powers Act to their respective jurisdictions that issued pursuant to the Act, Article applicable provisions of law; and of the Program established pursuant to undertake projects within may be financed with Bonds 2, Article 4, or other WHEREAS, the projects undertaken will result in significant public benefits, including those public benefits set forth in Section 91502.1 of the Act, an increased level of economic activity, or an increased tax base, and will therefore serve and be of benefit to the inhabitants of the jurisdictions of the Program Participants; HOW, THEREFORE, the Program Participants, for and in consideration of the mutual promises and agreements herein contained, do agree to restate and amend the Initial Agreement in its entirety to provide as follows: M Section 1 Purpose This Agreement is made pursuant to the provisions of the Joint Exercise of Powers Act, relating to the joint exercise of powers common to public agencies, in this case being the Program Participants. The Program Participants each possess the powers referred to in the recitals hereof. The purpose of this Agreement is to establish an agency for, and with the purpose of, issuing Bonds to finance projects within the territorial limits of the Program Participants pursuant to the Act, Article 2, Article 4, or other appliable provisions of law; provided, however that nothing in this Agreement shall be construed as a limitation on the rights of the Program Participants to pursue economic development outside of this Agreement, including the rights to issue Bonds through industrial development authorities under the Act, or as otherwise permitted by law. Within the various jurisdictions of the Program Participants such purpose will be accomplished and said powers exercised in the manner hereinafter set forth. Section 2. Term. This Agreement shall become effective as of the date hereof and shall continue in full force and effect for a period of forty (40) years from the date hereof, or until such time as it is terminated in writing by all the Program Participants; provided, however, that this Agreement shall not terminate or be terminated until the date on which all Bonds or other indebtedness issued or caused to be issued by the Authority shall have been retired, or full provision shall have been made for their retirement, including interest until their retirement date. Section 3. Authority. A. CREATION AND POWERS OF AUTHORITY. (1) Pursuant to the Joint Exercise of Powers Act, there is hereby created a public entity to be known as the "California statewide Communities Development Authority" (the "Authority'), and said Authority shall be a public entity separate and apart from the Program Participants. Its debts, liabilities and obligations do not constitute debts, liabilities or obligations of any party to this Agreement. B. COMMISSION. The Authority shall be administered by a Commission (the "Commission ") which shall consist of seven members, each 3 045 serv:ng in his or her individual capacity as a member of the Co- .-. :ssion. The Commission shall be the administering agency of this Agreement, and, as such, shall be vested with the powers set forth herein, and shall execute and administer this Agreement in accordance with the purposes and functions provided herein. Four members of the Commission shall be appointed by the governing body of CSAC and three members of the Commission shall be appointed by the governing body of LCC. Initial members of the Commission shall serve a term ending June 1, 1991. Successors to such members shall be selected in the manner in which the respective initial member was selected and shall serve a term of three years. Any appointment to fill an unexpired term, however, shall be for such unexpired term. The term of office specified above shall be applicable unless the term of office of the respective member is terminated as hereinafter provided, and provided that the term of any member shall not expire until a successor thereto has been appointed as provided herein. Each of CSAC and LCC may appoint an alternate member of the Commission for each member of the Commission which it appoints. Such alternate member may act as a member of the Commission in place of and during the absence or disability of such regularly appointed member. All references in this Agreement to any member of the Commission shall be deemed to refer to and include the applicable alternate member when so acting in place of a regularly appointed member. Each member or alternate member of the Commission may be removed and replaced at any time by the governing body by which such member was appointed. Any individual, including any member of the governing body or staff of CSAC or LCC, shall be eligible to serve as a member or alternate member of the Commission. Members and alternate members of the Commission shall not receive any compensation for serving as such but shall be entitled to reimbursement for any expenses actually incurred in connection with serving as a member or alternate member, if the Commission shall determine that such expenses shall be reimbursed and there are unencumbered funds available for such purpose. C. OFFICERS; DUTIES; OFFICIAL BONDS. The Commission shall elect a Chair, a Vice - Chair, and a Secretary of the Authority from among its members to serve for such term as shall be determined by the Commission. The Commission shall appoint one or more of its officers or 4 employees to serve as treasurer, auditor, and controller of the Authority (the "Treasurer ") pursuant to Section 6505.6 of the Joint Exercise of Powers Act to serve for such term as shall be determined by the Commission. Subject to the applicable provisions of any resolution, indenture or other instrument or proceeding authorizing or securing Bonds (each such resolution, indenture, instrument and proceeding being herein referred to as an "Indenture ") providing for a trustee or other fiscal agent, the Treasurer is designated as the depositary of the Authority to have custody of all money of the Authority, from whatever source derived. The Treasurer of the Authority shall have the powers, duties and responsibilities specified in Section 6505.5 of the Joint Exercise of Powers Act. The Treasurer of the Authority is designated as the public officer or person who has charge of, handles, or has access to any property of the Authority, and such officer shall file an official bond with the Secretary of the Authority in the amount specified by resolution of the Commission but in no event less than $1,000. If and to the extent permitted by law, any such officer may satisfy this requirement by filing an official bond in at least said amount obtained in connection with another public office. The Commission shall have the power to appoint such other officers and employees as it may deem necessary and to retain independent counsel, consultants and accountants. The Commission shall have the power, by resolution, to the extent permitted by the Joint Exercise of Powers Act or any other applicable law, to delegate any of its functions to one or more of the members of the Commission or officers or agents of the Authority and to cause any of said members, officers or agents to take any actions and execute any documents or instruments for and in the name and on behalf of the Commission or the Authority. D. MEETINGS OF THE COMMISSION. (1) Regular Meetings. The Commission shall meetings; provided, however, it regular meeting each year. The holding of the regular meetings of the Commission and a copy of with each party hereto. provide for its regular shall hold at least one date, hour and place of the shall be fixed by resolution such resolution shall be filed Iq 047 (2) Special Meetings. Special meetings of the Commission may be called in accordance with the provisions of Section 54956 of the Government Code of the State of California. (3) Ralph M. Brown Act. All meetings of the Commission, including, without limitation, regular, adjourned regular, special, and adjourned special meetings shall be called, noticed, held and conducted in accordance with the provisions of the Ralph M. Brown Act (commencing with Section 54950 of the Government Code of the State of California). (4) Minutes. The Secretary of the Authority shall cause to be kept minutes of the regular, adjourned regular, special, and adjourned special meetings of the Commission and shall, as soon as possible after each meeting, cause a copy of the minutes to be forwarded to each member of the Commission. (5) Quorum. A majority of the members of the Commission which includes at least one member appointed by the governing body of each of CSAC and LCC shall constitute a quorum for the transaction of business. No action may be taken by the Commission except upon the affirmative vote of a majority of the members of the Commission which incudes at least one member appointed by the governing body of each of CSAC and LCC, except that less than a- quorum may adjourn a meeting to another time and place. E. RULES AND REGULATIONS. The Authority may adopt, from time to time, by resolution of the Commission such rules and regulations for the conduct of its meetings and affairs as may be required. Section 4. Powers. The Authority shall have any and all powers relating to economic development authorized by law to each of the parties hereto and separately to the public entity herein created, including, without limitation, the promotion of opportunities for the creation and retention of employment. the stimulation of economic activity, and the increase of the tax base, within the jurisdictions of such parties. Such powers shall include the common powers specified in this 6 048 Agreement and may be exercised in the manner and according to the method provided in this Agreement. All such powers common to the parties are specified as powers of the Authority. The Authority is hereby authorized to do all acts necessary for the exercise of such powers, including, but not limited to, any or all of the following: to make and enter into contracts; to employ agents and employees; to acquire, construct, provide for maintenance and operation of, or maintain and operate, any buildings, works or improvements; to acquire, hold or dispose of property wherever located; to incur debts, liabilities or obligations; to receive gifts, contributions and donations of property, funds, services and other forms of assistance from persons, firms, corporations and any governmental entity; to sue and be sued in its own name; and generally to do any and all things necessary or convenient to the promotion of economic development, including without limitation the promotion of opportunities for'the creation or retention of employment, the stimulation of economic activity, and the increase of the tai base, all as herein contemplated. without limiting the generality of the foregoing, the Authority may issue or cause to be issued bonded and other indebtedness, and pledge any property or revenues as security to the extent permitted under the Joint Exercise of Powers Act, including Article 2 and Article 4, the Act or any other applicable provision of law. The manner in which the Authority shall exercise its powers and perform its duties is and shall be subject to the restrictions upon the manner in which a California county could exercise such powers and perform such duties until a California general law city shall become a Program Participant, at which time it shall be subject to the restrictions upon the manner -in which a California general law city could exercise such powers and perform such duties. The manner in which the Authority shall exercise its powers and perform its duties shall not be subject to any restrictions applicable to the manner in which any other public agency could exercise such powers or perform such duties, whether such agency is a party to this Agreement or not. Section S. Fiscal Year. For the purposes of this Agreement, the term "Fiscal Year" shall mean the fiscal year as established from time to time by the Authority, being, at the date of this Agreement, the period from July 1 to and including the following June 30, except for the first Fiscal Year which shall be the period from the date of this Agreement to June 30, 1988. I I a h C 049 Section 6. Disposition of Assets. At the end of the term hereof or upon the earlier termination of this Agreement as set forth in Section 2 hereof, after payment of all expenses and liabilities of the Authority, all property of the Authority both real and personal shall automatically vest in the Program Participants and shall thereafter remain the sole property of the Program Participants; provided, however, that any surplus money on hand shall be returned in proportion to the contributions made by the Program Participants. Section 7. Bonds. The Authority shall issue Bonds for the purpose of exercising its powers and raising the funds necessary to carry out its purposes under this Agreement. Said Bonds may, at the discretion of Authority, be issued in series. The services of bond counsel, financing consultants and other consultants and advisors working on the projects and /or their financing shall be used by the Authority. The fees and expenses of such counsel, consultants, advisors, and the expenses of CSAC, LCC, and the Commission shall be paid from the proceeds of the Bonds or any other unencumbered funds of the Authority available for such purpose. Section 9. Local Approval. A copy of the application for financing of a project shall be filed by the Authority with the Program Participant in whose jurisdiction the project is to be located. The Authority shall not issue Bonds with respect to any project unless the governing body of the Program Participant in whose jurisdiction the project is to be located, or its duly authorized designee, shall approve, conditionally or unconditionally, the project, including the issuance of Bonds therefor. Action to approve or disapprove a project shall be taken within 45 days of the filing with the Program Participant. Certification of approval or disapproval shall be made by the clerk of the governing body of the Program Participant, or by such other officer as may be designated by the applicable Program Participant, to the Authority. Section 8. ObI ice t1 i The Bonds, together with the interest and premium, if any, thereon, shall not be deemed to constitute a debt of any Program Participant, CSAC, or LCC or pledge of the faith and credit of the Program Participants, CSAC, LCC, or the 050 Authority. The Bonds shall be only special obligations of the Authority, and the Authority shall under no circumstances be obligated to pay the Bonds or the respective pro)ect costs except from revenues and other funds pledged therefor. Neither the Program Participants, CSAC, LCC, nor the Authority shall be obligated to pay the principal of, premium, if any, or interest on the Bonds, or other costs incidental thereto, except from the revenues and funds pledged therefor, and neither the faith and credit nor the taxing power of the Program Participants nor the faith and credit of CSAC, LCC, or the Authority shall be pledged to the payment of the principal of, premium, if any, or interest on the Bonds nor shall the Program Participants, CSAC, LCC, or the Authority in any manner be obligated to make any appropriation for such payment. No covenant or agreement contained in any Bond or Indenture shall be deemed to be a covenant or agreement of any member of the Commission, or any officer, agent or employee of the Authority in his individual capacity and neither the Commission of the Authority nor any officer thereof executing• the Bonds shall be liable personally on any Bond or be subject to any personal liability or accountability by reason of the issuance of any Bonds. Section 10. Accounts and Reports. All funds of the Authority shall be strictly accounted for. The Authority shall establish and maintain such funds and accounts as may be required by good accounting practice and by any provision of any Indenture (to the extent such duties are not assigned to a trustee of Bonds). The books and records of the Authority shall be open to inspection at all reasonable times by.e8ch Program Participant. The Treasurer of the Authority shall cause an independent audit to be made of the books of accounts and financial records of the Agency by a certified public accountant or public accountant in compliance with the provisions of Section 6505 of the Joint Exercise of Powers Act. In each case the minimum requirements of the audit shall be those prescribed by the State Controller for special districts under Section 26909 of the Government Code of the State of California and shall conform to generally accepted auditing standards. when such an audit of accounts and records is made by a certified public accountant or public accountant, a report thereof shall be filed as public records with each Program Participant and also with the county auditor of each county in which a Program Participant is located. Such report shall be filed within 12 months of the end of the Fiscal Year or Years under examination. G 17Qtir Any costs of the audit, including contracts with, or employment of, certified public accountants or public accountants in making an audit pursuant to this Section, shall be borne by the Authority and shall be a charge against any unencumbered funds of the Authority available for that purpose. In any Fiscal Year the Commission may, by resolution adopted by unanimous vote, replace the annual special audit with an audit covering a two -year period. The Treasurer of the Authority, within 120 days after the close of each Fiscal Year, shall give a complete written report of all financial activities for such Fiscal Year to each of the Program Participants to the extent such activities are not covered by the reports of the trustees for the Bonds. The trustee appointed under each Indenture'bhall establish suitable funds, furnish financial reports and provide suitable accounting procedures to carry-out the provisions of said Indenture. Said trustee may be given such duties in said Indenture as may be desirable to carry out this Agreement. Section 11. Funds. Subject to the applicable provisions of each Indenture, which may provide for a trustee to receive, have custody of and disburse Authority funds, the Treasurer of the Authority shall receive, have the custody of and disburse Authority funds pursuant to the accounting procedures developed under Section 10 hereof, and shall make the disbursements required by this Agreement or otherwise necessary to carry out any of the provisions or purposes of this Agreement. Section 12. Notices. Notices and other communications hereunder to the Program Participants shall be sufficient if delivered to the clerk of the governing body of each Program Participant. Section 13. Withdrawal and Addition of Parties. A Program Participant may withdraw from this Agreement upon written notice to the Commission; provided, however, that no such withdrawal shall result in the dissolution of the Authority so long as any Bonds remain outstanding under an Indenture. Any such withdrawal shall be effective only upon receipt of the notice of withdrawal by the Commission which shall acknowledge receipt of such notice of withdrawal in writing and shall file such notice as an amendment to this Agreement effective upon such filing. 052 10 Qualifying public agencies may be added as parties to this Agreement and become Program Participants upon: (1) the filing by such public agency of an executed counterpart of this Agreement, together with a certified copy of the resolution of the governing body of such public agency approving this Agreement and the execution and delivery hereof; and (1i) adoption of a resolution of the Commission approving the addition of such public agency as a Program Participant. Upon satisfaction of such conditions, the Commission shall file such executed counterpart of this Agreement as an amendment hereto, effective upon such filing. Section 14. Indemnification. To the full extent permitted by law, the Commission may authorize indemnification by the Authority of any--person who is or was a member or alternate member of the Commission, or an officer, employee or other agent of the-Authority, and who was or is a party or 1s threatened to be made a party to a proceeding by reason of the fact that such person is or was such a member or alternate member of the Commission, or an officer, employee or other agent of the Authority, against expenses, judgments, fines, settlements and other amounts actually and reasonably incurred in connection with such proceeding, if such person acted in good faith and in a manner such person reasonably believed to be in the best interests of the Authority and, in the case of a criminal proceeding, had no reasonable cause to believe the conduct of such person was unlawful and, in the case of an action by or in the right of the Authority, acted with such care, including reasonable inquiry, as an ordinarily prudent person in a like position would use under similar circumstances. Section 15. Contributions and Advances. Contributions or advances of public funds and of the use of personnel, equipment or property may be made to the Authority by the parties hereto for any of the purposes of this Agreement. Payment of public funds may be made to defray the cost of any such contribution. Any such advance may be made subject to repayment, and in such case shall be repaid, in the manner agreed upon by the Authority and the party making such advance at the time of such advance. Section 16. Immunities. All of the privileges and immunities from liabilities, exemptions from laws, ordinances and rules, all pension, relief, disability, workers' compensation, and other benefits which apply to the activity of officers. agents or employees of Program Participants when performing their 11 FN, 053 respective functions within the territorial limits of their respective public agencies, shall apply to them to the same degree and extent while engaged as members of the Commission or otherwise as an officer, agent or other representative of the Authority or while engaged in the performance of any of their functions or duties extraterritorially under the provisions of this Agreement. Section 17. Amendments. Except as provided in Section 13 above, this Agreement shall not be amended, modified, or altered except by a written instrument duly executed by each of the Program Participants. Section 18. Effectiveness. This Agreement shall become effective and be in full force and effect and a legal, valid and binding obligation of each of the Program Participants at 9:00 a.m., California time, on the date that the Commission shall have received from each of the Initial Participants an executed counterpart of this Agreement, together with a certified copy of a resolution of the governing body of each such Initial Participant approving this Agreement and the execution and delivery hereof. Section 19. Partial Invalidity. If any one or more of the terms, provisions, promises, covenants or conditions of this Agreement shall to any extent be adjudged invalid, unenforceable, void or voidable for any reason whatsoever by a court of competent jurisdiction, each and all of the remaining terms, provisions, promises, covenants and conditions of this Agreement shall not be affected thereby, and shall be valid and enforceable to the fullest extent permitted by law. Section 20. Successors. This Agreement shall be binding upon and shall inure to the benefit of the successors of the parties hereto. Except to the extent expressly provided herein, no party may assign any right or obligation hereunder without the consent of the other parties. Section 21. Miscellaneous. This Agreement may be executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. 054 12 The section headings herein are for convenience only and are not to be construed as modifying or governing the language in the section referred to. wherever in this Agreement any consent or approval is required, the same shall not be unreasonably withheld. This Agreement is made in the State of California, under the Constitution and laws of such state and is to be so construed. This Agreement is the complete and exclusive statement of the agreement among the parties hereto, which supercedes and merges all prior proposals, understandings, and other agreements, including, without limitation, the Initial Agreement, whether oral, written, or implied in conduct, between and among the parties relating to the subject matter of this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested by their proper officers thereunto duly authorized, and their official seals to be hereto affixed, as of the day and year first above written. (SEAL] ATTEST: By_ Name: Title: Program Participant: By, Name: Title: 13 055 California Statewide Communities Development Authority Cities City of Agoura Hills City of Alhambra City of Albany City of Altascadero City of Anaheim City of Arcadia City of Auburn City of Avalon City of Azusa City of Bakersfield City of Banning City of Beaumont City of Bell City of Benicia City of Berkeley City of Brea City of Brentwood City of Buena Park City of Burbank City of Burlingame City of Campbell City of California City City of Canyon lake City of Carlsbad City of Carson City of Cathedral City City of Ceres City of Chula Vista City of Chowchilla City of Citrus Heights City of Claremont City of Clearlake City of Clovis City of Commerce City of Corcoran City of Corona City of Catch Cy of Cudahy City of Cypress Town of Danville City of Davis City of Dos Palos City of El Colon City of El Centro City of Emeryville City of Encinitas City of Escondido City of Etna City o9 Eureka City of Fairfield City of Folsom City of Fresno City of Fountain Valley City of Fullerton City of Glendora City of Grass Valley City of Gridley City of Guadalupe City of Hanford City of Hawaiian Gardens City of Hercules City of Hollister City of Huntington Beach City of Huntington Park City of industry Cry of Inglewood City of lone City of Irvine City of La Mesa City of Lo Palma City of Laguna Beach City of Laguna Hills City of Lake Forest City of Lakeport City of Lakewood City of Lancaster City of Lathrop City of Lincoln City of Lindsay City of Livingston City of Lodi City of Lompoc City of Long Beach City of Los Angeles City of Los Banos City of Lynwood City of Madera City of Manteca City of Marysville city of Maywood City of Merced City of Millbrae City of Mission Viejo City of Modesto City of Monterey City of Monterey Park Town of Morgaa City of Moreno Valley City of Morgan Hill City of Mountain View City of National City City of Norwalk City of Novato City of Oakland City of Oceanside City of Orange City of Oroville City of Oxnard City of Pacifica City of Palmdale City of Palos Verdes Estates City of Paramount City of Pasadena City of Patterson City of Petaluma City of Pinole City of Pittsburg City of Placervdle City of Pleasanton City of Pleasant Hill City of Pomona City of Porterville City of Poway City of Redding City of Redlands City of Rialto City of Richmond City of Riverside Cry of Rohnert Park City of Roseville City of Sacramento City of Salinas Town of San Anselmo City of San Bernardino Cry of San Bruno City of San Buenaventura City of San Diego City/County of San Francisco Cry of Son Gabriel City of San Jose City of San Juan Capistrano Cry of San Luis Obispo City of San Marcos City of Sanger City of Santa Clanta City of Santa Cruz City of Santa Fe Springs City of Santa Maria City of Santa Monica City of Santa Paula City of Santa Rosa City of Sausalito City of Seal Beach City of Seaside City of Selma City of Southgate City of South Lake Tahoe City of Stockton City of Suisun City of Thousand Oaks City of Torrance Town of Truckee City of Turlock City of Twemymrre Palms City of Union City City of Upland City of Vacaville City of Vallejo City of Visalia City of Vista City of Watsonville City of West Covina City of West Sacramento City of Whither Cry of Woodland Counties Alameda County Butte County Coloveras County Coluso County Contra Costa County Del Norte County El Dorado County Glenn County Humboldt County Imperial County Inyo County Kern County Kings County Lake County Lassen County Los Angeles County Madera County Mariposa County Mendocino County Merced County Modoc County Monterey County Napa County Nevada County Orange County Placer County Riverside County Sacramento County San Bernardino County San Diego County San Francisco City/ County San Joaquin County San Luis Obispo County San Mateo County Santa Barbara County Santa Clara County Soma Cruz County Sierra County Siskiyou County Solana County Sonoma County Stamslaus County Sutter County Tehama County Trinity County Tulare County Ventura County Yoio County Yuba County Districts American River Fire Protection District Apple Valley Fire Protection District Armor Community Services District Big Bear City Community Services District Barrios Community Public Utility District Bosfici Fire Protection District Cardiff Sanitation District Chino Valley Independent Fire District Crest Fire Pron chon District Davis Joint Unified School District Diablo Water District Encinitas Fire Protection District Encinitas Sanitary District Hamilton Branch Community Services District Hilmar County Water District Idyllwild Fire Protection District Irish Beach Water District June Lake Public Utility District Keyes Community Services District Lake County Service Area No 20 Lakeside Fire Protection District Lakeside Irrigation District Los Troncos County Water District Madera County Maintenance District No I — Hidden Lakes Estates Meeks Bay Fire Protection District Mid Carmel Valley Fire Protection District Mdlvrew County Water District North County Fire Protection District Ocean Community Services District Paradise Irrigation District Peninsula Library System Rancho Cucamonga Fire Protection District San Bernardino County Service Area No 70 San Diego Rural Fire Protection District San Lorenzo Valley Water District San Miguel Consolidated Fire Protection District Scorn Valley County Water District Sierra Lakes County Water District Springville Public Utility District Squaw Valley County Water District Stinson Beach County Water District TrrnCiGes Municipal Water District Tuolumne County Water District No I Upper Lake County Water Dstnm Vista Unified School District Winton Water & Sanitary District Agencies City of Rialto Redevelopment Agency Culver City Redevelopment Agency Peninsula Library System Whither Redevelop- ment Agency 056