The URL can be used to link to this page

2002 JUL 02 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, JULY 2, 2002 — 5:00 P.M. Next Resolution # 1346 Next Ordinance # 4263 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, et 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 City of El Segundo v South Bay Regional Public Communications Authority LASC, YC040688 2 Southern California Edison v State of California, Department of Transportation, LASC YC043605 3 City of El Segundo v Stardust West, LASC YC031364 1 CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code §54956 9(b) -3- potential cases (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) — One (1) Matter 1 Conference with City's Labor Negotiator, City Manager, regarding Management/Confidential employee group (unrepresented) CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956 8) — None. SPECIAL MATTERS — None 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 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, JULY 2, 2002 — 7:00 P.M. Next Resolution # 1346 Next Ordinance # 4263 7:00 P.M. SESSION CALL TO ORDER INVOCATION — Father Jim Anguiano of Saint Anthony Catholic Church PLEDGE OF ALLEGIANCE — Councilmember John Gaines PRESENTATIONS — (a) Commendation presented to Don Carter, as outgoing Member of the Library Board of Trustees (b) Presentation in recognition of the Election volunteer workers for their valuable services rendered to the City of El Segundo during the June 18, 2002 Special Municipal Election 3 13 ROLL CALL PUBLIC COMMUNICATIONS — (Related to City Business Only — 5 minute limit per person, 30 minute limit total) Individuals who have received value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so identify themselves prior to addressing the City Council Failure to do so 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 Consideration and possible action regarding a Resolution reciting the fact of the Special Municipal Election held on June 18, 2002 declaring the results. Recommendation — (1) Read by Title only, (2) Adopt Resolution, (3) Alternatively, discuss and take other action related to this item C. UNFINISHED BUSINESS D. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS 2. Consideration and possible action regarding facility use requests by West Coast Baseball and Science Enrichment Services Adventure Day Camp at Recreation and Library Park facilities for summer recreation programming. Recommendation — (1) Approval of summer 2002 facility use for recreation programming on park facilities from Total Baseball and Science Adventure Day Camp, (2) Authorize City Manager to execute an agreement in a form approved by the City Attorney incorporating the terms listed In the attached correspondence, (3) Alternatively, discuss and take other action related to this item 4 E. CONSENT AGENDA All items listed are to be adopted by one motion without discussion and passed unanimously If a call for discussion of an item is made, the item(s) will be considered individually under the next heading of business Warrant Numbers 2526147 to 2526522 on Register No. 18 in the total amount of $979,919.09 and Wire Transfers from 06/0812002 through 0612112002 in the amount of $1,051,550.43. 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 4. City Council Meeting Minutes of June 19, 2002. Recommendation — Approval 5. Consideration and possible action authorizing staff to solicit proposals from qualified firms to prepare a Reclaimed and Potable Water and Sewer Rate Study (Total Estimated Cost $75,000). Recommendation — (1) Authorize staff to solicit proposals, (2) Alternatively, discuss and take other action related to this item 6. Monthly status report on Capital Improvement Program Projects — (No Fiscal Impact). Recommendation — (1) Receive and file, (2) Alternatively, discuss and take other action related to this item 7. Consideration and possible action regarding acceptance of the work for Freedom Park improvements — Project No. PW 01 -02 — Approved Capital Improvement Program (Final Contract Amount $331,989.30). Recommendation — (1) Accept the work as complete, (2) Authorize the City Clerk to file the City Engineer's Notice of Completion in the County Recorder's Office, (3) Alternatively, discuss and take other action related to this item J Consideration and possible action for the purchase of equipment and software for Geographic Information Systems (GIS) use - (Fiscal Impact $17,000.00). Recommendation — (1) Approve the purchase of the equipment and software, (2) Transfer $17,000 to the Capital Outlay account from costs savings in the GIS Professional and Technical Services contract to cover the cost of the items, (3) Alternatively, discuss and take other action related to this item 9. Consideration and possible action regarding acceptance of the project for construction of Mariposa Avenue storm drain (700 block of West Mariposa Avenue) — Approved Capital Improvement Program — Project No. PW 02 -02 (Contract Cost $117,524.00). Recommendation — (1) Approve Change Order No 1 in the amount of $2,570 00, (2) Accept the work as complete, (3) Authorize the City Clerk to file the City Engineer's Notice of Completion in the County Recorder's Office, (4) Alternatively, discuss and take other action related to this item 10. Consideration and possible action for adoption of plans and specifications for the replacement of a water line in Pine Avenue, between the alley east of Richmond Street and Penn Street — Approved Capital Improvement Program — Project No. PW 02 -06 (Estimated Cost $288,000.00 ). Recommendation — (1) Approve plans and specifications, (2) Authorize staff to advertise the projects for the receipt of construction bids, (3) Alternatively, discuss and take other action related to this item 11. Consideration and possible action awarding contract to Mel Smith Electric, Inc., for Recreation Park Electrical Upgrades, Phase I and Phase II — Approved Capital Improvement Program — Project No. PW 01-05 (Fiscal Impact $497,000.00). Recommendation — (1) Award contract to lowest responsible bidder, Mel Smith Electric, Inc , in the amount of $462,000 00, (2) Authorize the City Manager to execute the contract on behalf of the City, (3) Authorize $35,000 00 for construction contingencies, (4) Appropriate an additional $68,000 00 for this project, (5) Alternatively, discuss and take other action related to this item 12. Consideration and possible action regarding adoption of plans and specifications for Imperial Avenue Vista landscape and related improvements (400 block of East Imperial Avenue) — Approved Capital Improvement Program — Project No. PW 01 -18 (Estimated Cost $72,000.00). Kecommenaation — (1) Approve plans ana specifications, (2) Authorize staff to advertise the project for receipt of construction bids, (3) Alternatively, discuss and take other action related to this item 6 �� 13. Consideration and possible action regarding adoption of plans and specifications for 2001 -2002 Slurry Seal of Various Streets — Approved Capital Improvement Program — Project No. PW 01 -20 (Estimated Cost $155,000.00). RCl.U111111M1UaL1U11 - ki/ nJJPIUVU N10110 a11U OJJUU1114auUJJOI � lUUlU11LC JLU11 w advertise the project for receipt of construction bids, (2) Alternatively, discuss and take other action related to this item 14. Consideration and possible action regarding adoption of plans and specifications for City Hall Improvements, Phase 1 — Approved Capital Improvement Program — Project No. 01 -17 (Estimated Cost $386,500.00). Recommendation — (1) Approve plans and specifications, (2) Authorize staff to advertise the project for receipt of construction bids, (2) Alternatively, discuss and take other action related to this item 15. Consideration and possible action regarding an agreement with JCM Facilities Planning and Management for professional architectural services for the installation of one (1) interior elevator at City Hall — Approved Capital Improvement Program — Project No. PW 02 -10 (Estimated Cost of Service $22,255.00). Recommendation — (1) Authorize the City Manager to execute a standard consultant agreement on behalf of the City; (3) Alternatively, discuss and take other action related to this item 16. Consideration and possible action regarding approval of a payment of $16,170.86 to Southern California Edison Company for relocation of street lights on Sepulveda Boulevard. Recommendation — (1) Approve payment of $16,170 86 to Southern California Edison Company, (2) Alternatively, discuss and take other action related to this item 17. Consideration and possible action regarding an amendment to the City Manager's employment agreement granting a salary increase effective July 1, 2002. Recommendation — (1) Approve an amendment to the City's employment agreement with the City Manager and authorize the Administrative Services Department to implement the necessary salary adjustments; (2) Alternatively, discuss and take other action related to this item 7 18. Consideration and possible action regarding approval of Professional Services Agreement to implement the Community Development Block Grant (CDBG) Home Delivered Meals Program between the City of El Segundo and Oldtimers Foundation, a California non - profit organization for an amount not to exceed $16,000 (plus client donations of approximately $9,000 annually). Contract period: July 8, 2002 through June 30, 2003 with an option for annual review and renewal not to exceed a total of three years. Recommendation — (1) Approve the Professional Services Agreement with Oldtimers Foundation and authorize the Mayor to execute said Agreement, (2) Alternatively, discuss and take other action related to this item CALL ITEMS FROM CONSENT AGENDA NEW BUSINESS — 19. Consideration and possible action regarding approval of conceptual design for the Recreation Park Master Plan and Community Center design. (No Fiscal Impact). Recommendation — (1) Review preliminary Master Plan and Community Center design, (2) Open a thirty (30) day public input period to receive comments, (3) Agendize this item for the Council Meeting of August 20, (4) Alternatively, discuss and take other action related to this item 20. Consideration and possible action regarding the adoption of FY 2002 -03 Estimated Revenue and Appropriation Assumptions. Recommendation — (1) Direct staff to proceed with FY 2002 -2003 Estimated Revenue and Appropriation Assumptions, (2) Alternatively, discuss and take other action related to this item 21. Consideration and possible action regarding a lease agreement between the City of El Segundo and AT &T Wireless allowing the construction and operation of wireless communications equipment within the city facility located at 400 Lomita Street. Recommendation — (1) Authorize the City Manager to execute a memorandum of lease and a lease agreement between the City of El Segundo and AT &T Wireless, 2) Alternatively, discuss and take other action related to this item (j 22. Consideration and possible action regarding appropriation of funds to pay for the balance of the 2001 -2002 Amalgamated System Sewage Charges ($651,000) and regarding award of contract to RBF Consulting to provide professional services in the auditing of the Amalgamated System Sewage Charges on a single- source basis (not to exceed $20,000). Recommendation — (1) Approve the appropriation of $651,000 for payment of the balance of the 2001 -2002 Amalgamated System Sewage Charges; (2) Approve the standard consultant agreement, (3) Authorize the City Manger to execute the agreement with RBF Consulting on behalf of the City as a single- source contract, (4) Transfer $20,000 to the Contractual Services account from costs savings in the salaries full time account, (5) Alternatively, discuss and take other action related to this item F. REPORTS — CITY MANAGER — NONE G. REPORTS — CITY ATTORNEY — NONE H. REPORTS — CITY CLERK 23. Consideration and possible action regarding cancellation of the July 16, 2002 Council Meeting. Recommendation — (1) Approve cancellation of the July 16, 2002 City Council Meeting, (2) Alternatively, discuss and take other action related to this item REPORTS — CITY TREASURER — NONE REPORTS — CITY COUNCIL MEMBERS Council Member McDowell — Council Member Gaines — Council Member Wernick — Mayor Pro Tern Jacobs — Mayor Gordon — 24. Consideration and possible action regarding the increase in odors from the Hyperion Wastewater Treatment Plant. Recommendation — (1) Receive and file, (2) Alternatively, discuss and take other action related to this item 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 MEMORIALS CLOSED SESSION The City Council may move into a closed session pursuant to applicable law, Including the Brown Act (Government Code Section §54960, et seq) for the purposes of confernng with the City's Real Property Negotiator, and /or conferring with the City Attorney on potential and /or existing litigation, andlor discussing matters covered under Government Code Section §54957 (Personnel), and /or conferring with the City's Labor Negotiators REPORT OF ACTION TAKEN IN CLOSED SESSION (if required) ADJOURNMENT POSTED / r� DATE TIME /0: On NAME1 R 10 10 EL SEGUNDO CITY COUNCIL AGENDA ITEM STATEMENT MEETING DATE. July 2, 2002 AGENDA HEADING Special Order of Business Consideration and possible action regarding a Resolution reciting the fact of the Special Municipal Election held on June 18, 2002, declaring the results RECOMMENDED COUNCIL ACTION. 1) Read by Title only, 2) Adopt Resolution; 3) Alternatively, discuss and take other action related to this Item BACKGROUND & DISCUSSION. A Special Municipal Election for Ballot Measures J & L was held on June 18, 2002 Staff recommends Council adopt the Resolution declaring the results ATTACHED SUPPORTING DOCUMENTS. Draft Resolution declaring results FISCAL IMPACT. None li 1 RESOLUTION NO. A RESOLUTION DECLARING THE RESULTS OF THE GENERAL MUNICIPAL ELECTION HELD JUNE 18, 2002. The City Council of the city of El Segundo does resolve as follows SECTION 1 The City Council finds and declares as follows A A Special Municipal Election was held in the City of El Segundo on Tuesday, June 18, 2002, as required by law, B Notice of the election was given in the manner provided by law, C Voting precincts were properly established, election officers were appointed, votes were cast, votes were received and canvassed and the returns made and declared in the time and manner required by the Elections Code for holding elections in general law cities, D Pursuant to Resolution No 4250 (adopted March 19, 2002), the City Clerk canvassed the returns of the election and certified the results to the City Council These results are attached as Exhibit "A," received and incorporated by reference SECTION 2 The whole number of ballots cast in the precincts, except absent voter ballots and provisional ballots, was 2067 The number of absent voter ballots cast in the City was 1283, the whole number of provisional ballots cast in the City was 202 making a total of 3552 ballots cast in the City SECTION 3 That the measures voted upon at the election is a follows SHALL THE ORDINANCE (ORDINANCE NO. 1345), OF THE EL SEGUNDO CITY COUNCIL REGARDING AN APPLICATION FROM TPG- EL SEGUNDO PARTNERS, LLC APPROVING SPECIFIC PLAN NO. 01 -1, Yes DEVELOPMENT AGREEMENT NO. 01 -1, GENERAL PLAN AMENDMENT NO. 01 -02, 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 No THE EL SEGUNDO CORPORATE CAMPUS PROJECT BE ADOPTED? -1- 1�1-1 SHALL THE RESOLUTION (RESOLUTION NO. 4241), OF THE EL Yes SEGUNDO CITY COUNCIL REGARDING AN APPLICATION FROM TPG- EL SEGUNDO PARTNERS, LLC CERTIFYING 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 NO. 01 -1, AND SUBDIVISION NO. 01 -5 (VESTING TENTATIVE TRACT NO. 53570) FOR THE EL SEGUNDO CORPORATE CAMPUS PROJECT BE SECTION 4 The number of votes given at each precinct and the number of votes given in the City for and against each question are attached as Exhibit A SECTION 5 Asa result of the election, a malonty of the voters voting on Measure J relating to Ordinance No 1325 voted in favor of its adoption, that the measure was approved, and is now effective SECTION 6 Asa result of the election, a majority of the voters voting on Measure L relating to Resolution No 4241 voted in favor of its adoption, that the measure was approved, and is now effective SECTION 7 The City Clerk will certify to the passage and adoption of this Resolution and enter it into the book of original resolutions SECTION 8 This Resolution will become effective immediately upon adoption PASSED AND ADOPTED this 2nd day of July, 2002 Mike Gordon, Mayor -2- 13 ATTEST Cindy Mortesen, City Clerk APPROVED AS Mark D HenslA: a Im Karl H Berger, Wstant City Attorney ra�I:��rcn�s�7►1 STATE OF FORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO 1 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 duty 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 2nd day of July, 2002, 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 3rd day of July, 2002 Cindy Mortesen, City Clerk Of the City of El Segundo, California (SEAL) -3- 14 cn .� m cE? f/1 r v� Z C- 0- Z > ao m iv r om Z 0 m r ti rn C Z v 0 x o� y Na 15 o C) o � N W A N oo 00 A W oo A Q' R CD N �p A A �+ N i-+ N b 'r+„ N A O N O W ro enY N �] J N N A W VI O UI N A J th 00 b W 0 N 00 b > o eD O f�D N W d 0 W W W LA H+ W N W O o N � W ^� W 0 01 0 W 0 C� 0 = R I cn .� m cE? f/1 r v� Z C- 0- Z > ao m iv r om Z 0 m r ti rn C Z v 0 x o� y Na 15 EL SEGUNDO CITY COUNCIL MEETING DATE July 2, 2002 AGENDA ITEM STATEMENT AGENDA HEADING Committees, Boards and Commissions AGENDA DESCRIPTION Consideration and possible action regarding facility use requests by West Coast Baseball and Science Enrichment Services Adventure Day Camp at Recreation and Library Park facilities for summer recreation programming RECOMMENDED COUNCIL ACTION (1) Approval of summer 2002 facility use for recreation programming on park facilities from Total Baseball and Science Adventure Day Camp (2) Authorize City Manager to execute an agreement in a form approved by the City Attorney incorporating the terms listed in the attached correspondence (3) Alternatively, discuss and take action related to this item BACKGROUND & DISCUSSION- Total Baseball, owned by West Coast Baseball in El Segundo proposed a facility use request for a one -week summer baseball clinic at Recreation Park utilizing both the George Brett and Softball fields Both fields are clear from local youth group organization and regular recreation and parks department programs In exchange for the use of the fields, Total Baseball has agreed to pay the city $1,000 and provide weekly batting cage use and instruction at the Total Baseball facility for all the Recreation and Parks Department Summer Adventure Day Camp participants, (approximately 50 participants) Science Enrichment Services request is to use the Library Park Gazebo area for a maximum time frame of, M -F, 9 00 a m — 3 30 p m June - August 23, depending upon program enrollment A user fee based on a per participant percentage rate is being implemented upon final program approval Library Park is historically reserved on weekends for weddings and Concerts in the Park Should a resident reservation for the gazebo area present itself during the camp, Staff and Science Adventure Counselors will make every effort to accommodate the additional requests This is a one -time approval request The Recreation and Parks Department is working in conjunction with the City Attorney's office to generate a standardized business use policy for the city's park and facility use requests, which will come before the Commission and then to Council for approval within the next few months The insurance and license requirements have been met by both businesses named above ATTACHED SUPPORTING DOCUMENTS. Letter from West Coast Baseball School FISCAL IMPACT None Operating Budget Amount Requested Revenue Total Baseball - $1,000, Science Enrichment Services - $7,000 In Kind Total Baseball - $1,000 Account Number 16 2 ES*PEC *DEPT ID 131064742:3 MAf, 30'02 12 79 h 001 P 01 FFil 111 701 RL bASERF`.LL' F'HUNf= r!!I �1N al r' i`J_`. I';d y. G4 CU'UG 1�. GGrri ri West Coast Baseball School "Home of Future. Prospects" 2002 Summer Baseball Camp Dates: August 26h- 30th Times. 9 :00 am - 3 -00 pm / Monday - Friday Fields: Softball Field & George Brett Field Set -Up Day: Sunday August 25th (Afiternnon Hours) Tear -Down Day: Friday August 30th (3:00pm -5:00 pm) Cost: $1,000.00 Trade (hut: Fl Segundo Park & Recreation has the opportunity to use the facility at Total Baseball (430 E. Grand Ave,) once a week for 6 -8 weeks. Time TBA. Additional Agreement: West Coast Baseball School will also include the City of El Segundo Park & Recreation as additional Insured on their policy for a One Million Dollar Liability, P� �I AGOL'RA HIl,1,S • SHERMAN OAKS, - \VOODLANLill ILLS -NORTH HILLS BURBANK - GRANADA HILLS • SANTA CLAXI CA. 611111 VALLLY • EL SEGUNDO 78914 ROADSIDE DR ,14 • AGOCRA HILLS, CA 41 +OS - (818) 8654875 - FAX (619) 865 -447 w.. w.w� >Iwne�Lsr+Ldla��nd u�m r1A(- 30-2002 13 5B 131DE474223 96', 1 '7 P 01 �I ❑ Z zW Zm W� N� WO ti tJ F 3 m nm`'Sniv v� °o N O ^ L ^ r p Z N ° w R p LL (ry J i r O LL 3 Z Z d Z Z z °30°" p 07p 86 QLLLLwcLLm g2^ J ti U O W o ° $aCaaa °adaii °i M N Y N 0 w LL 2 W W LL U rc a 's 5Z 0 O LL O Z S Zo z z 0 ~ LL U'gZ f W a u u❑. O y�1 W 7 z S S p Kw 7 J rc � rc o a oo �~UU-gR'oU JIY M1'Z$$W N (i �I¢i5U' W s$K�uSOO VV b N^ pNp pp pp ------ � M� N� N Fo �ISIS n n oN w N W U LL A N uNi � w 28 � U p OWW r0 O W J a oa wa 0 yN U W Q O N � a O IQ K N O tt W W p11 p II 4r 11 W' Q V ¢ W Q m i p ❑ 18 3 p � a�i V � U ❑ �drg a U 5 ns w � s a O =NU�s A m �❑ v anu�a "_ a v> O V w $Nm w F J ffin z n� o aE E 1 f ,V od 5, E 2 � o a O IQ K N O tt W W p11 p II 4r 11 W' Q V ¢ W Q m i p ❑ 18 3 CITY OF EL SEGUNDO PAYMENTS BY WIRE TRANSFER 0618/2002 THROUGH 06/21/2002 Date 6/10/02 6110/02 6/10/02 6/11/02 6/12/02 6/13102 6/19/02 6/20/02 6/20/02 6/8- 06/21/02 Payee Amount Description Federal Reserve 30000 Employee Savings Bonds EE Federal Reserve 15000 Employee Savings Bonds I West Basin 747,049 92 H2O Payment Health Comp 4,851 48 Weekly claims 6/7 Pitney Bowes 12,100 00 Postage Meter PGC El Segundo LLC 33,293 15 Golf Course Payroll Transfer Health Comp 67904 Weekly claims 6114 Employment Development 34,373 96 State Taxes PR 26 IRS 177,972 52 Federal Taxes PR 26 Workers Comp Activity 40,780 36 SCRMA checks issued DATE OF RATIFICATION: 0712102 TOTAL PAYMENTS BY WIRE: Certified as to the accuracy of the wire transfers by 1,051, 550 43 Date 6 -LY vL Date (7 2t D to 1,051,550.43 on actual expenditures is available in the City Treasurer's Office of the City of EI Segundo Lj MINUTES OF THE SPECIAL MEETING OF THE EL SEGUNDO CITY COUNCIL WEDNESDAY, JUNE 19, 2002 — 5 00 P M 5 00 P M SESSION CALL TO ORDER - Mayor Gordon at 5 00 P M ROLL CALL Mayor Gordon - Present Mayor ProTem Jacobs - Present Council Member Gaines - Present Council Member McDowell - Present Council Member Wernick - Present CLOSED SESSION The City Council moved into a closed session pursuant to applicable law, including the Brown Act (Government Code Section §54960, et seq) for the purposes of conferring with the City's Real Property Negotiator, and /or conferring with the City Attorney on potential and /or existing litigation; and /or discussing matters covered under Government Code Section §54957 (Personnel), and /or conferring with the City's Labor Negotiators, as follows CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Gov't Code §54956 9(a)) 1 City of El Segundo v. South Bay Regional Public Communications Authority LASC, YC040688 CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code §54956.9(b) -2- potential cases (no further public statement is required at this time), Initiation of litigation pursuant to Government Code §54956.9(c) None DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957) — None. CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957 6) — Two (2) Matters 1 Conference with City's Labor Negotiator, City Attorney, regarding City Manager's contract 2 Conference with City's Labor Negotiator, City Manager, regarding Management/Confidential Employee Group (unrepresented) CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8) — None SPECIAL MATTERS — None 6 00 PM SESSION CI MINUTES OF THE SPECIAL CITY COUNCIL MEETING JUNE 19, 2002 PAGE NO I 4 t) Interview candidates for the Planning Commission, Library Board of Trustees and Community Cable Council consensus to appoint Robin Funk to a 4 year term on the Planning Commission, to expire June 30, 2006, to appoint Gina Elise Albi and Dorothy Doukakis each to 3 year terms on the Library Board of Trustees to expire June 30, 2003, to appoint Nick Gerenday to an open position to expire October 31, 2005, and Brian David Mitchell to a full 4 year term to expire October 31, 2006 on the Community Cable Advisory Committee 7:00 P M SESSION CALL TO ORDER — Mayor Gordon at 7 00 p m INVOCATION — Fr David Bowser of Saint Michael's Episcopal Church PLEDGE OF ALLEGIANCE — Councilmember Nancy Wernick PRESENTATIONS — NONE ROLL CALL Mayor Gordon - Present Mayor ProTem Jacobs - Present Council Member Gaines - Present Council Member McDowell - Present Council Member Wernick - 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 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 Carl Jacobson, resident, spoke on downtown issues Katheryn Lourte, Executive Director of the Chamber of Commerce, spoke on downtown issues Liz Garnholz, resident, spoke on the Downtown Specific Plan Joe Brandon, resident, spoke on downtown revitalization A PROCEDURAL MOTIONS Consideration of a motion to read all ordinances and resolutions on the Agenda by title only MINUTES OF THE SPECIAL CITY COUNCIL MEETING JUNE 19, 2002 PAGE NO 2 MOVED by Council Member McDowell, 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 - NONE C UNFINISHED BUSINESS 1 Consideration and possible action regarding approval of a design for the implementation of the Downtown Specific Plan Mayor ProTem Jacobs not participating due to a possible conflict of interest Jim Hansen, Director of Community, Economic and Development Services, gave a report MOVED by Council Member Gaines, SECONDED by Council Member McDowell to (1) Approve the design for the Downtown Specific Plan Improvement Project as presented by staff on April 16, 2002 and authorize staff to advertise the plans and specifications, (2) Concur with the Tree Sub- committee and the Recreation and Park Commission's recommendation to remove all trees along Main Street between Manposa Avenue and El Segundo Boulevard; (3) Approve the installation of a clock tower on the median island west of Main Street on Grand Avenue MOTION PASSED BY THE FOLLOWING VOICE VOTE AYES: MAYOR GORDON, COUNCIL MEMBERS GAINES AND MCDOWELL NOES COUNCIL MEMBER WERNICK NOT - PARTICIPATING MAYOR PROTEM JACOBS 31111 2. Consideration and possible action regarding Contract Amendment No. 1 to a Contract (No 2993) with Christopher A Joseph & Associates to prepare a Specific Plan and Environmental Impact Report (EIR) for the redevelopment of Area A of the Los Angeles Air Force Base (LAAFB) The amount of the amendment would be $64,620. Total cost of contract, including what was previously approved by the City Council, would not to exceed $399,364 MOVED by Council Member Wemick, SECONDED by Council Member McDowell to authorize City Manager to execute Contract Amendment No 1 in a form to be approved by the City Attorney with Christopher A Joseph & Associates to prepare a Specific Plan and EIR in an amount not to exceed $399,364 MOTION PASSED BY UNANIMOUS VOICE VOTE 510 D REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS 3 Consideration and possible action regarding the announcement of appointments to the various Committees, Commissions and Boards Mayor Gordon announced the following appointments Robin Funk to a 4 year term on the Planning Commission, to expire June 30, 2006, to appoint Gina Elise Albi and Dorothy Doukakis each to 3 year terms on the Library Board of Trustees to expire June 30, 2003, to appoint Nick Gerenday to an open position to expire October 31, 2005, and Brian David Mitchell to a full 4 year term to expire October 31, 2006 on the Community Cable Advisory Committee. MINUTES OF THE SPECIAL CITY COUNCIL MEETING JUNE t9,2002 PAGE NO 3 �+N 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 4 Approved Warrant Demand Register 2525900 to 2526146 on Register No 17 in the total amount of $1,107,485 68 and Wire Transfers from 05/25/2002 through 06/07/2002 in the amount of $261,75351 Approved Warrant Demand Register and 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 5 Approved City Council Meeting Minutes of June 4, 2002 6 Authorized the Mayor to sign the support letter for the WBMWD Seawater Desalination Plant Project conceptual plan 7 Authorized Change Order #1 for Organizational Audit Consulting Services for Recreation and Parks Department to PMW Associates in the amount of $8,350 for completion of department audit 8 Approved the equipment purchase for the Community Cable Division in the amount of $79,050 and authorized staff to award Contract No 3023, Bid #PA02 -13 to lowest responsible bidder 9 Rejected all bids submitted for RFP #02 -11, KWIK File Filing System, authorized staff to re -issue a new bid for the same product Once new bids have been received and evaluated by staff, authorized the Risk Manager /Purchasing Agent to make an award to the lowest responsive bidder 10 Approved the purchase and installation of the surveillance system from Metro Video Systems, Inc, a five- camera audio /video covert surveillance system to cover the jail and detective side interview rooms Funds for the purchase have been made available through the Local Law Enforcement Block Grant Cost of the equipment not to exceed $18,82300 11 Authorized staff to prepare and file an application (Exhibit A) for sponsorship of the Spring 2004 Conference of CDA, authorized the Mayor to sign a letter supporting the application on behalf of the City Council MOVED by Council Member Wernick, SECONDED by Council Member McDowell to approve Consent Agenda items 4, 5, 6, 7, 8, 9, 10, and 11 MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0 CALL ITEMS FROM CONSENT AGENDA - NONE NEW BUSINESS — MINUTES OF THE SPECIAL CITY COUNCIL MEETING JUNE 19, 2002 $4 GE NO 4 t � 11 Consideration and possible action regarding the presentation of FY 2001 -2002 Midyear Financial Review and approval of FY 2002 -2003 Budget Calendar. MOVED by Council Member Mc Dowell, SECONDED by Council Member Gaines to receive and file 2001 -2002 Midyear Financial Presentation, direct staff to proceed with FY 2002 -2003 Budget Calendar MOTION PASSED BY UNANOMOUS VOICE VOTE 5/0 F REPORTS — CITY MANAGER — NONE G REPORTS — CITY ATTORNEY — Assistant City Attorney Karl Berger announced that the City Council authorized the City Attorney to pursue an appeal regarding the City of El Segundo v South Bay Regional Public Communications Authority LASC, YC040688 H REPORTS — CITY CLERK — NONE REPORTS — CITY TREASURER — NONE REPORTS — CITY COUNCIL MEMBERS Council Member McDowell — Congratulated City Clerk and staff on election handling Council Member Gaines — NONE Council Member Wernick — NONE Mayor Pro Tern Jacobs — Spoke on airport issues and Assembly Bill 2333 Mayor Gordon — Spoke regarding successful election and Assembly Bill 2333. 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 Jack Kenton, resident, spoke regarding the right -of -way next to the Hyperion. Carl Jacobson, resident spoke on fiscal issues and soccer field locations Joe Brandon, resident, spoke regarding City trees MEMORIALS — Adjournment of June 19, 2002 Council Meeting in Memory of Bernie Tourkin, long time El Segundo resident MINUTES OF THE SPECIAL CITY COUNCIL MEETING JUNE 19, 2002 PAGE NO 5 � t CLOSED SESSION - NONE ADJOURNMENT at 8.10 p.m Cindy Mortesen, City Clerk MINUTES OF THE SPECIAL CITY COUNCIL MEETING JUNE 19, 2002 PAGE NO 6 n- 4, ,) EL SEGUNDO CITY COUNCIL MEETING DATE July 2, 2002 AGENDA ITEM STATEMENT AGENDA HEADING CONSENT AGENDA DESCRIPTION Consideration and possible action authorizing staff to solicit proposals from qualified firms to prepare a Reclaimed and Potable Water and Sewer Rate Study (Total estimated Cost $75,000) RECOMMENDED COUNCIL ACTION Recommendation — (1) Authorize staff to solicit proposals, (2) Alternatively discuss and take other action related to this Item BACKGROUND & DISCUSSION. (continued on page two) ATTACHED SUPPORTING DOCUMENTS None FISCAL IMPACT: Operating Budget. $1,655,000 Amount Requested 75,000 Account Number. 501- 400 - 7103 -8208 Project Phase: Appropriation Required: _ Yes X No ORIGINATED BY DATE. Bret M Plumlee, Director Administrative Services -> > 5 4� BACKGROUND & DISCUSSION. As part of the on -going Water Well project the Administrative Services Department Is proposing to solicit proposals for a water and sewer rate study The General Fund has been subsidizing sewer and water rates Over the past several years the retained earnings and cash balances in the Water Fund have been declining at more than $1 million per year The FY 2002 -2003 Proposed Budget will Include an estimated cost forthe Hyperion Plant processing of wastewater of $1,925,000 while offset by revenue of only $1,236,400 The City is seeking a firm that will assist in determining the cash needs of the water system, assist in developing policies which will place the water enterprise fund on a sound financial basis, review the current structure, work with City staff in formulating a long range "business plan" for the Water Enterprise Fund, and assist in the development of sewer rates to create a Sewer Enterprise Fund AKM Consulting Engineers will assist staff with the overall rate study and establishment of the Sewer Enterprise Fund as already funded in the Sewer Master Plan contract r• EL SEGUNDO CITY COUNCIL MEETING DATE July 2, 2002 AGENDA ITEM STATEMENT AGENDA HEADING Consent Agenda AGENDA DESCRIPTION Monthly status report on Capital Improvement Program Projects - (No fiscal impact) RECOMMENDED COUNCIL ACTION Recommendation — (1) Receive and file, (2) Alternatively discuss and take other actions related to this Item BACKGROUND & DISCUSSION. This monthly report will provide the status of various projects approved In the Capital Improvement Program The report will be updated on a monthly basis with input from other impacted Departments ATTACHED SUPPORTING DOCUMENTS Schedules FISCAL IMPACT. None Capital Improvement Program, Amount Requested, Account Number. Project Phase. Appropriation Required, ORIGINATED BY 4 Q DATE, June 20, 2002 Andres Santamaria, Director of Public Works COUNCIL JUNEWONTXLV STATUS REPORT CIP PROJECTS C 21 d � N N � 4 Q O LL p Z O rn o Q N ' N E r Q N � 9 LL a N _ _ O O T O Q n O q T m d p Z h O N O t� FN E O O Q O O d d d d C ry � N � W W p O d 'm y `v E v w E `oi LL m a �6 p U E O NO N O N O NO N O N O NO O O N q I` d Z y r N e N O N r r O o N m N NO M 17 N O E N d E p iB N N d 3 � F d d O O LL O d a a v a a a a a a ft N N {O Q N C U O y C C7 N o Q o 0 E ¢ o C) o N � Y d U W C D C V = w U C C V N U C d "O 0 o _O m O U O z v w o l0 a m 0 z° a° N 01 Im IM m °a o d U 21 �U O � N N ' N N a LL I�IOj O P) ❑ Z O i.- N Q 9 b O N N � T o - i LL T 9q h A T Z � T A_ o A n— _ Zo 0 O y qqq^ \ e m v h o Q TOO E G 0 � _n W w ❑ w ya a N W E LL m ❑ UE PS ' " Ch b � E c io EE N H 0 Si 0 � IL H 0 F LL ly ❑ N N ^1111\\\ d a c l�l � d rn a C d 41 a O. d d n d 9 d a Q 0 ° c Q o ° Q Q o _ ° U uU� ti 0 o v w 0 0 0' w °c 0 0 U m U z (/J O m U z E ❑ Im U z m� IM In. 0 M m M m On m I e o ❑ 10 n O, N N N O N 10 N Q) OI O N a U �U JI � \ 2� JtO2 \ } / \ } \ \ \ } \ 0 E \ / # \ 0 f 2 - rE e ! e | e )ƒ ! # / ! ) om m m m m m m m m m m m ) JI : } § /Wi ii;� Fu E \ ! 0E 4 ! � « ! ° \ ) ) f . /! ! j 2 C) ; J ! 2 ! ! ! ! k om m r m m IM m m m m m m m r ) , !< / \< \ i } . . . - _ 2 \ \ _ \ ! ! ! 2 2 } ) ! ) m m m m m ) , § ! \ { ! ,F9 m m m m m m m m m r m } S] I \ !{ � � /{ : � � « « 4 4 ; ; § § � � _ _ ♦ ♦ � . . � S] ad I !§ , . \ �; \E ^ ;> [!� I I / § / ! r \ / \ \ � § / / § � • � § m m m m \ ad �!1'l v v 8' of m s a �I s 0 z 0 N a Ns a LL 7 � � R � \ a a _ NE n $ E E E a' T� o o °L �a h'c M m O Z U N a `a Z E ? t N a 8E s m e U F O pp q p p p p p 05 3 f a F r v `w c rn O E q € � E U E m ii C o � d rn 2 GO `o T+ d p i F N r 3 m c `u 3 ym m F x [❑�1 fYl [m�1 t °1 mU m mmZ m (S�1 !9 pp❑r�� Iii m RU1 1 ^1 fZ�I m 1f�1 m M2 (per M 'B FFU �!1'l v v n '1 J e a 0 o N a Q g E _ a \ g s � a S o O N a ' a F E f a N W � a "a 0 oti _ o N @n _ we a z E E a ryi E UE e ('n a U f U 10 1 T-�- F 3 �o o' n O Z O Z O 2 _ C O C O p c O_ Q F y N N a N n N 0 W v A r v N ❑ v N v O a m o U o Z v N v ❑ a m U Z Q� M m m '8 V n '1 J e . ! ; � § !. ) } � _< § ; ] \ : § ; ] : : _ § { ( \ ♦ i \ ! - `� § _ \ \ \ - / / 31 8 c z a E s v 0 a a E o 0 s ? E A f �F E W v 'wE Se < ° ry E U E L E E < � E i Sa � LL� Aa � n 'e 0 g w a E i 2 o e 4 Ey CL µ om m o� 8 u 31 id \ • i i i i _ {\ \ ' : ■ ! ! ! ; ! ; .; ) ( \ \ ! ! ! ! ! ! f ! ! ! ! ! §! \ m m, m m } id EL SEGUNDO CITY COUNCIL AGENDA ITEM STATEMENT AGENDA DESCRIPTION MEETING DATE July 2, 2002 AGENDAHEADING ConsentAgenda Consideration and possible action regarding acceptance of the work for Freedom Park improvements — Project No PW 01 -02 - Approved Capital Improvement Program (final contract amount CC $331,989 30) RECOMMENDED COUNCIL ACTION Recommendation — (1) Accept the work as complete, (2) Authorize the City Clerk to file the City Engineer's Notice of Completion in the County Recorders Office, (3) Alternatively discuss and take other action related to this Item BACKGROUND & DISCUSSION, On September 4, 2001, the City Council awarded a contract to Belaire -West Landscape for construction of the park All work, including the required 90 -day maintenance period, was satisfactorily completed on May 25, 2002 The total final contract cost, Including approved change orders, Is $331,989 30 West Basin Municipal Water District will reimburse $15,099 50 to the City forthe reclaimed water Irrigation service to the new park ATTACHED SUPPORTING DOCUMENTS Notice of Completion FISCAL IMPACT $15,099 50 reimbursement from West Municipal Water District Capital Improvement Program- Amount Requested. Account Number: Project Phase, Appropriation Required. $331,98930 301 - 400 - 8202 -8469 Completion of construction No ORIGINATED BY- � /� � DATE June 24, 2002 Andres Director of Public Works 7 COUNCIL ULY 02 01 (MOnOry UN3U0P 10 0pm )A. Recording Requested by and When Recorded Mail To, City Clerk, City Hall 350 Main Street El Segundo, CA 90245 NOTICE OF COMPLETION OF CONSTRUCTION PROJECT Project Name Washington Park Improvements Project No PW 01 -02 Notice is hereby given pursuant to State of California Civil Code Section 3093 et seq that 1 The undersigned is an officer of the owner of the interest stated below in the property hereinafter described 2 The full name of the owner is City of El Segundo 3 The full address of the owner is City Hall, 350 Main Street, El Segundo, CA, 90245 4 The nature of the interest of the owner is Public park 5 A work of improvement on the property hereinafter described was field reviewed by the City Engineer on May 25, 2002 The work done was Park improvements 6 On July 2, 2002, the City Council of the City of El Segundo accepted the work of this contract as being complete and directed the recording of this Notice of Completion in the Office of the County Recorder 7 The name of the Contractor for such work of improvement was Belaire -West Landscape 8 The property on which said work of improvement was completed is in the City of El Segundo, County of Los Angeles, State of California, and is described as follows Public park 9 The street address of said property is Not applicable Dated Bellur K Devaraf City Engineer VERIFICATION I, the undersigned, say I am the City Engineer of the City El Segundo, the declarant of the foregoing Notice of Completion, I have read said Notice of Completion and know the contents thereof, the same is true of my own knowledge I declare under penalty of perjury the foregoing is true and correct Executed on , 2002 at El Segundo, California Bellur K Devaral City Engineer SP WIFICATIONSPROJECTS \PW 01 02 NOTICE OF COMPLETION (061102) �_ EL SEGUNDO CITY COUNCIL MEETING DATE July 2, 2002 AGENDA ITEM STATEMENT AGENDAHEADING. Consent Agenda AGENDA DESCRIPTION: Consideration and possible action for the purchase of equipment and software for Geographic Information Systems (GIS) use - (Fiscal Impact = $17,000 00) RECOMMENDED COUNCIL ACTION. Recommendation — (1) Approve the purchase of the equipment and software, (2) Transfer $17,000 00 to the Capital Outlay account from costs savings In the GIS Professional and Technical Services contract to cover the cost of the Items, (3) Alternatively discuss and take other action related to this Item BACKGROUND 8L DISCUSSION Recently, a GIS color plotter was purchased to print large format color maps With this new equipment, the GIS will be able to process multiple fobs at the same time Also, the color printer will allow for more efficient use of paper and Inks for smaller presentations Staff is now requesting additional hardware and software, which will allow for the distribution of GIS data to users for mapping and viewing purposes The surveying program will Integrate the field data gathered using the Global Positioning System with the GIS The Items will be purchased from the city's current information system vendors (Background and discussion continued on the next page...) ATTACHED SUPPORTING DOCUMENTS- None FISCAL IMPACT Operating Budget $311,00000 Amount Requested $ 17,000 00 Account Number. 001 - 400 - 2505 -8108 Project Phase: Purchase Appropriation Required No ORIGINATED BY.� n DATE. June 26, 2002 Andres Santamaria, Director of Public Works COUNCIL JULWULY 0202(We1W.y OW6= 1000 a m) 4 O R o 0', BACKGROUND AND DISCUSSION (continued): In the current Public Work's budget, $80,000 00 has been authorized to fund GIS consultant and equipment charges The $17,000 00 for these purchases will be withdrawn from this account The Information Systems Division has reviewed and approved the technology value of the items shown Items to be purchased include an Optiplex GX 400 Mirntower PC with 1 GB memory and Ethernet card, a NEC /Mitsubishi LCD 2010x 20" LCD monitor, a Hewlett Packard ScanJet Scanner, a tabloid size color printer, an engineering survey program, and an ArcIMS Standard Edition Server /CPU license COUNCIL JUMULV 02 02 (WWn N: iy MO. 10 00 a m ) 44 EL SEGUNDO CITY COUNCIL AGENDA ITEM STATEMENT AGENDA DESCRIPTION. MEETING DATE. July 2, 2002 AGENDAHEADING Consent Agenda Consideration and possible action regarding acceptance of the project for construction of Mariposa Avenue storm drain (700 block of West Mariposa Avenue) - Approved Capital Improvement Program — Project No PW 02 -02 - (contract cost = $117,524 00) RECOMMENDED COUNCIL ACTION Recommendation — (1) Approve Change Order No 1 in the amount of $2,570 00, (2) Accept the work as complete, (3) Authorize the City Clerk to file the City Engineer's Notice of Completion in the County Recorder's Office, (4) Alternatively discuss and take other action related to this item BACKGROUND & DISCUSSION, The City Council on April 16, 2002, awarded a contract in the amount of $114,954.00 to Cedro Construction, Inc , for the construction of a storm drain in the 700 block of West Mariposa Avenue. Additional sewer laterals were discovered during construction The additional, cost based on measured quantities, is $2,570 00 The work has now been completed to the satisfaction of staff and the final contact amount, based on measured quantities, is $117,524 00 Staff recommends acceptance of this project ATTACHED SUPPORTING DOCUMENTS. Notice of Completion 2 Vicinity map FISCAL IMPACT Capital Improvement Program Amount Requested Account Number. Project Phase• $150,000 00 $117,52400 301 - 400 - 8205 -8983 Accept the work as complete No � DATE: June 24, 2002 Andres Santamaria, Director of Public Works COUNCIL JULY ox aJ (WndW0iW"210o p m 41 Recording Requested by and When Recorded Mail To: City Clerk, City Hall 350 Main Street El Segundo, CA 90245 NOTICE OF COMPLETION OF CONSTRUCTION PROJECT Protect Name Construction of Manposa Avenue Storm Drain Protect No PW 02 -02 Notice is hereby given pursuant to State of California Civil Code Section 3093 et seq that 1 The undersigned is an officer of the owner of the interest stated below in the property hereinafter described 2 The full name of the owner is City of El Segundo 3 The full address of the owner is City Hall, 350 Main Street, El Segundo, CA, 90245 4 The nature of the interest of the owner is Public street right -of -way 5 A work of improvement on the property hereinafter described was field reviewed by the City Engineer on June 6, 2002 The work done was Construction of a new storm drain line in the 700 block of West Mariposa Avenue 6 On July 2, 2002, the City Council of the City of El Segundo accepted the work of this contract as being complete and directed the recording of this Notice of Completion in the Office of the County Recorder 7 The name of the Contractor for such work of improvement was Cedro Construction, Inc 8 The property on which said work of improvement was completed is in the City of El Segundo, County of Los Angeles, State of California, and is described as follows Storm drain system 9 The street address of said property is 700 block of West Manposa Avenue Dated Bellur K Devarat City Engineer VERIFICATION I, the undersigned, say I am the City Engineer of the City El Segundo, the declarant of the foregoing Notice of Completion, I have read said Notice of Completion and know the contents thereof, the same is true of my own knowledge I declare under penalty of perjury the foregoing is true and correct Executed on 2002 at El Segundo, California Bellur K Devarat City Engineer SPECIFICATIONS- PROJECTWW 02 -02 NOC (06/19/02) 46 N 1� O W IA1Nnoo S3139Ntl Sol AMd 3NhIOH1MVH !0 A110 = 1 pnl4 00310 NtlY � Q 1 �3N31p () y W r l J I t T In In � I I III I jII NMI III 3ntl r slsl n LJ�LJ LI wU L1 LJ L1 j� oa OAIB r lu '1 � MOI1tlIM 3 ! v i• r m _ spunX 1113 1433 H 'O AW 13NYON — OI 2 — O y D. LL Q .x— • 1 J y! p~ Yl 11"OON003Y Q J y TYD] ' t $ > 31tlM1ltltl) AM f I6 1 Y OY A31p0 lvlw.I1Ml z m ? ` b 3NIl` N33tl0 OH13M = \� db 18 011w, w F — IS I p —� HSYN 1 6 ? 1 —• g \ 15 N6v. AOM YYtltl I U b Q W J Y 131rnuwl lY N3NIINUO 1� AVM b � m W 0 AYM S3wjw -- —'-- o O31liv 2 U' w z Q W S 1NOdMY OAIB O u Z v� F U 1f 14134 m J O r r a w — MYI SRI 1433nlOd 38 � �1 �� 1] <�� Q N 18 YNVMINI MfIH Sfl .13 W xl It 15 YIONIIII '3nV xl3 O rM C3M 3xld 18 NOl4NIM81M ,Y„ lON'gM lL SV SxrX > 1 � 01113YMIOtl � 15 VIHYOlIlV9 � I 3nr Mlyd U 0�� 0dllr Q i is x08330 p 3M 3LrN C aNlard M 3Y r0Yn 3M 3X ? 4r VYOxI OOO �� !4 Y31N3a gLLy ® Y W q 18 0 VlA w N YI � C 1 by A3MYOOl! z Z 15 tl11N01 Q Q p 15 44431E � 10 A ltlr O ®® 9Y 3N]N Vl4 j ❑ ❑Q ® 19 NN3d ` O ��yw � 1 B ® 14 X0013x4 yl 64 li 4M3YY N W N Q PM O — — ® OtlVOx 414 N O ��B�B is xlrN w Nrd w9 ry.✓ jI'�jIII a %'. ❑BBBe 15 OXONM]IY b� f��y b [NlO f 15 WO]NOa A ®BB B 18 VINIll"m r�N _ 1f 0NI11NY Y� 15 V161n rNOI M ¢ _ F RIB Z 1 Ww 15 183tl]IIIN I r Z16 Y IN ,a Ld Q b � N w a63Xa0 14 tla�n � b� IL F _�. T4loWneB AllO Ix4M E$ \ J ` Ill � PNGV` N = 4pS 04 $ d 0 LL O_ OF Oft `s1 X Z Q LL U z ~ I Q O 1,1 o. N � M A 1 i W 4 "l EL SEGUNDO CITY COUNCIL AGENDA ITEM STATEMENT AGENDA DESCRIPTION MEETING DATE July 2, 2002 AGENDAHEADING• Consent Agenda Consideration and possible action for adoption of plans and specifications for the replacement of a water line in Pine Avenue, between the alley east of Richmond Street and Penn Street - Project No PW 02 -06 - Approved Capital Improvement Program - (estimated cost = $288,000 00) RECOMMENDED COUNCIL ACTION, Recommendation — (1) Approve plans and specifications, (2) Authorize staff to advertise the projects for the receipt of construction bids, (3) Alternatively discuss and take other action related to this item BACKGROUND & DISCUSSION- The water line at this location is due for replacement because of its age and condition This project will provide for its replacement Plans and specifications have been completed and the project is ready to be advertised This project is going forth now to avoid future utility line cuts on the new Main Street This project will be completed prior to the Main Street construction ATTACHED SUPPORTING DOCUMENTS Location map FISCAL IMPACT Capital Improvement Program, $600,00000 Amount Requested, $288,00000 Account Numbers 001 - 400 - 7103 -8207 Project Phase. Adoption of plans and specifications Appropriation Required- No Andres Santamana, Director of Public Works DATE. June 24, 2002 COUNCIL uLWULV 0204(WWay A 2442100 p m) 10 110 N O W I XlNno0 S3139NV SOl XM! 3NNOH1M M !o X110 2 1 Ynl3 00310 NIS 9 9 9 19 5 9 9 .1 I9 5 3nv slsl Hu�l l ry�NuLJ oaa n m r d lL j 4N1Y N0I111M tl i 6 i• A m w6unN 4113 1603 10 Arl ' 13NYOM A — d ; f f HYN P Z < ana oaxoY3tl .� > srl n < 3 Tx00 O < 8 lvlwm1 AM H � I W � OY A310O 1Y1x3NI1N0] 6 i m 2 � 31111 M33tl0 i Otl13N1 3 � is Q11wY I 0 W is, —► —► eS, HSV: ; Y LOM MY.d Z Is "SIN Q N e 0d dy W Y1 lY N3M1NO3 Yy m J > (31YNN1d) ,y AVM W F AIM s3HOM1 - -- 03111V G N U LS LB13S S 1tl-- WO 7 0 - -- MYII SSl �— Y03n10i36 Q LU la ®� C N is vullow MSIY Sfl NI am Yvo Lo MNI % 18 S.O.M. 3N wl] LL �l ® C 3N ]Mld O is NOIDNIHSIA O .. 1'Z^ I'lluJl 1 3" l�1Nlva )_ IY 1Y SVSN.Y T I .1113YNI04 15 .INYOlIIY'1 3M NIYd U 15 N093Y0 m I 3AY 311vN N/ YS IOYniM C 3N a l3Unwl y U Inv 13YOIl 15 Y31N33 YO .NOI 15 ONI AWYK VIM01 6 w � IN A3Ntl001! 15 .11301 <� 4 y ® is NN3d YYY316 17 A YY'] 9Y 3M'JN.l6 0 ® 16 J Y 1 14 N00l39f 3 s 3 18 vN3tlY 1n U 0 N I o = a° n 6 OYVON YIY N dad ®® OBBBB LS MI.3 NN✓• N� /v3 0 NE NGNN]Itl 'r '1' a ' p .' �NIL NN flu ❑BBB —]e 15 OtlOJNO'! r ~q�9�nZ A U ®BBLJB IS 11N19tl1A 11 ��E3 _ 16 NNI11N3 2 ❑O x z +6 .161n .3U1 Q G M W ? o s: viol LLJ > A3llM LL Z +s 153tl]IIIN 2 , Ls � 1 tl lIN Sa I 111 V Vi et IS 3M00 Ss volnA NNN ,\ L ^1 ��NPN1sS LN3 1YVMN i+'�5 Lu 'l a N J a LL Y iZ a a J ul t r u � U Q N \ o. j7 z >L 4:t EL SEGUNDO CITY COUNCIL MEETING DATE. July 2, 2002 AGENDA ITEM STATEMENT AGENDA HEADING- Consent Agenda AGENDA DESCRIPTION: Consideration and possible action awarding contract to Mel Smith Electric, Inc , for Recreation Park Electrical Upgrades Phase I and Phase II — Approved Capital Improvement Program — Project No PW 01 -05 -- (Fiscal Impact $497,000 00) RECOMMENDED COUNCIL ACTION• Recommendation — (1) Award contract to lowest responsible bidder, Mel Smith Electric, Inc, in the amount of $462,000 00, (2) Authorize the City Manager to execute the contract on behalf of the City, (3) Authorize $35,000 00 for construction contingencies, (4) Appropriate an additional $68,000 00 for this project, (5) Alternatively discuss and take other action related to this item BACKGROUND & DISCUSSION: The approved Capital Improvement Program includes the complete electrical upgrade of Recreation Park electrical services and facilities, which are 45 years old This project will eliminate grounding problems and replace all buried conduits, which have deteriorated The protect will also provide all new power circuits and computerized control devices, including field lighting circuits, conduits and wires After advertising the project for receipt of construction bids, the City Clerk on June 18, 2002, received and opened three (3) bids Mel Smith Electric, Inc , has favorable references and has successfully completed similar projects Staff recommends award of contract to the lowest responsible bidder, Mel Smith Electric, Inc The total cost of this protect, including costs for the construction manager and construction contingencies, is $528,000 00 Both phases are being bid now to provide a lower bid price and for continuity of the project ATTACHED SUPPORTING DOCUMENTS* 1 Bid results 2 Location map. FISCAL IMPACT Capital Improvement Program. $429,00000 Amount Requested, $528,00000 Account Number. 301 - 400 - 8202 -8473 Project Phase- Award of Contract Appropriation Required Yes Andres Santamaria, Director of Public Works ';U 1 BID RESULTS Name of Company Amount Extra Work Option Mel Smith Electric, Inc $462,000 $27,000 Big O Enterprises, Inc $469,130 No bid Comet Electric, Inc $536,000 No bid 5i Wunciuwwwr U M (WMar 0 24 02 1 N p m I4, .W/ 11( Q^ V, U L F 0 U K J a J 2 0 Z a �I w W 2 v N w W W U a � o W Z r Q1 W V N w W J t0 N � O W IA1Nn O3 S3130NV SOl A.Nj 3NtlON1MVN d0 A1 1J VZ I pAl6 09310 NVS if G I b03N3 /p V LL. a u N H WZ N xpl lrinr 00NOU39 Am MMtl x U 03 2 r a x \ 2 1 r03A111tl 36 � - 3M .10 3AV .13 LL O -3nr fxla -fM lOxlrw �. JM '1113{"104 =3AY 31tlr11 C Lb ]ILTtl -3AI VYlbl LY A3NNIIOI! UY 3N]N.19 N, i LL EL SEGUNDO CITY COUNCIL MEETING DATE- July 2, 2002 AGENDA ITEM STATEMENT AGENDA HEADING Consent Agenda AGENDA DESCRIPTION. Consideration and possible action regarding adoption of plans and specifications for Imperial Avenue Vista landscape and related Improvements (400 block of East Imperial Avenue) — Approved Capital Improvement Program — Project No PW 01 -18 — (estimated cost = $72,00000) RECOMMENDED COUNCIL ACTION: Recommendation — (1) Approve plans and specifications, (2) Authorize staff to advertise the project for receipt of construction bids, (3) Alternatively discuss and take other action related to this item BACKGROUND & DISCUSSION. The current Capital Improvement Program includes a project to expand and upgrade the Imperial Avenue Vista site The project will provide a new overlook plaza, and includes new landscaping, decorative sidewalk, tables, benches, trash receptacles, fencing, and lighting On June 4, 2002 the City Council approved the conceptual drawings prepared by the architectural firm of Takata Associates The plans and specifications have been completed and the project is ready to be advertised ATTACHED SUPPORTING DOCUMENTS Location map FISCAL IMPACT- Capital Improvement Program. Amount Requested Account Number Project Phase. Appropriation Required: $72,00000 $72,00000 301 -400- 8203 -8483 Adoption of plans and specifications No ORIGINATED BY a DATE Anrires Rnntnmarin nimr.Mr of Pi ihlir Wnrks courvaL JULWULY02 oa(F W,N-Z4 W IN p m) 1 2 b3 LL IA1Nf10] s3130NV sOl AMd 3NN0H1MVH d0 Alts O 1- Z J1 QA13 00310 NVS it - 9 $ 9I T T 9I (9 wI II InI I„I I� 3M slsl g m LJ LI Ll Nu LJ LI LI Im , \` x w h 6 U OA19 NOUruY d 3 s{ a• r m Epung All] 1 {E3 Q m AM � 13NtlON (y p t T I NAN Li E 3 J s uVl 0 Y "3nY 00X00311 2 r I t 3 w TNDi p 8 31YM1Itla1 AM ' d � OY A3 }Ng 1Y1N3NI1N0] 1^ z m 2 l 3NIl 1,133110 OY13W 3 s ys 0110.. 1 G Zwj 5 x6YN YM N Yd _.. -- lY `I; AYM \ m AYM s3mom �- 0 03111V z 2 Z C z W < S 1110dtl1Y El / a () 15 1813E f� Ilse r m MYI Ssl f� m` z U' Y03n1Oa35 Q N m YN8mN1 MBIM S[1 /1 I�3AY XYO El= W >�M'I111NI X IS SIONIIII 3nY N13 D 3NId L....I 1S N019NINBYM ]M 1xNIVA li St SNtN r I •IL13 {Xlgi J 5 rINY0I1lYi p ant NT/ u _ NYOfIItO O i Is 409330 T U C3M 3118N 3M 31f19t4 18 r0Yn3N �Ar 13Y0t1 LS Y31N3] 1Qyy ; m 110 MOlt9xO8 3 DOD m W W �® 18 ONYIAYIN Q % m by A3NYIIOIi Z Y11NOl B ®� is uwals 4 30 A lYt 1�'l 15 YY31S 16 Xx3f ❑ ❑�0�® — CY 3N9X119 J W w E ® 1E N0013N8 EEI UUUS p� s N 18 1N3YY p u W N _ i Os N 16 OYYO W I — N tl ftl3d J1I'�l1� !8 XItN is OxONNiltl �� x'y�� px• C[,f1g1�bNN0 A' tl EEHE®GEI 1s Otl0]NOi 9 p V �BB� 16 EE3 YIN19tlln f � �� ❑��BF=B Ir 1S r151n IPNOI O , a V m J SI tl101 ❑O 0 1 1 c i 3' a o i d x A 3l lM 15 as3tl]lllx O i s N \ O tf Z { 16 �y� 1 tl lIN it W �PJ � \ cn Q 153 38 tOJOA J MNE �epuneg 40] IYYM ES+ O J 3� PNOE1, s W f' 9{ a n o of Q LL X11+ N 9tN O W z a 2 U W N LL U 2 Q V U 0[ a m d 0. M I z 54 EL SEGUNDO CITY COUNCIL MEETING DATE. July 2, 2002 AGENDA ITEM STATEMENT AGENDA HEADING Consent Agenda AGENDA DESCRIPTION Consideration and possible action regarding adoption of plans and specifications for 2001- 2002 Slurry Seal of Various Streets — Approved Capital Improvement Program — Project No PW 01 -20 — (estimated cost = $155,000 00) RECOMMENDED COUNCIL ACTION Recommendation — (1) Approve plans and specifications, (2) Authorize staff to advertise the project for receipt of construction bids, (3) Alternatively discuss and take other action related to this item BACKGROUND & DISCUSSION The Public Works Department performs an annual preventative street maintenance program financed by the City's share of gasoline tax revenues This program Involves the application of a very thin asphalt slurry coating on the pavement to seal it from moisture intrusion, thereby extending Its useful life and to prevent a more expensive repair in the future Prior to the slurry seal application, the Street Maintenance Division performs pavement repairs and other preparatory work Staff has prepared plans and specifications for the 2001 -2002 Slurry Seal Program for the northeast quadrant of the City's residential area which includes the streets within the area bounded by Imperial Avenue, Sheldon Street, Mariposa Avenue and Sepulveda Boulevard as shown on the enclosed map ATTACHED SUPPORTING DOCUMENTS Map of area to be slurry sealed FISCAL IMPACT, Capital Improvement Program: Amount Requested Account Number* Project Phase Appropriation Required $155,00000 $155,00000 106- 400 -8203 -8357 Adopt plans and specifications No ORIGINATED BY Andres Director of Public Works DATE- June 24, 2002 COUNCIL JULWULY02 m(hbW10y :4. 100 PmI 53 N LL W IA1NIOJ S3130NV SOl AMd 3NNOH1MVH d0 A110 ° > CAI 00310 NVS = 1 N w H n it ° y 9 9 9 9 9 p II ICI InI I♦ 3AV 9141 e n Opb' DAIS NOIII.AY b 19 Y 1 • �'ti ppYnp /lla lYp3 � 10 APIA' 13xYOM ~ m � OI 0: O IS > a I NMN IS 3 z � d Q Y I f r Y i J > O ® ISM 3AV OOx003tl < i w rYOa Q < 8 31YAlmd1 AM H I W Otl A3100 1b1N3N4N% < G z 31 N33HO i IS X1 OY13W 3 b 15 Nl.b' , - IS y t —� �► NSYN Y b e —_rti —� � \ Is 1481. AtlM NtlYtl I b V N B< b W J ) (31VAOId) IV N3MLMC) 16 AYM b m III 2 AYM 331YJ1W —�-� -- p O31llV (( z z s It W ~W 6 < w s 1NOdlYr OAIY y U 15 ABl3II t Z O n o IS r m Mtll SFl y m` i V03A111d3S CI la j Q N 19 bNbI0X1 MyIY S F 1 N) ' 3" Swo 12 a K 8 SIONIIII C3M N13 D Q �� S �O� S 19 N019XIN6bM in mild 0 0 if SYSNVM C 3MY11139XIOd f LLJ 19 VIMYOIIIYa � 3AY NIYtl V ^) NYOlIl1] f O 15 MO 1.0 m I� SAW 3ldVN 3 19 GO _ 3M 311101d AS 134011 N �O �� 1II Y31N3a ¢y = IIL MOlY0xl1Y 3 m IJ �® 19 ONrIAYVN C I In A3NYAOId V' 4 111X01 ®� Y Vll"I < 1] A lMV] 1II 144315 t3A W N ®® 15 NN3d VY 3N]NVIS 1S YN3tlY Ip u V' A 0 N DEJEJO _ p OM T i © tl dd3d BB =e 19 OYVONd1II Y N ��8 J lG XIVN NNO M9 �� 19 OXONN]IY 'I'N q.9w IA �N`SH`V'1A0 O� >_ 1S ptloaxaa u QtE2 ❑ e IS VM IWA EE: ❑ ®e 19 9xlllxw W a�� ®� ❑� IS IISIA ewOI Q Zd _ A3lIM ' u U s J M I lG lG3b]TIN O J 2 19 1 Y lIN 3M o• W 1531410 10 V030A 9 \ O vi ��3 B 1X0 IYbM ES J OG` O d M OF < L � 53 Q LL. .] O J z Lq a ° ~ LLJ u U U a N r a If1 A z 56 EL SEGUNDO CITY COUNCIL MEETING DATE- July 2, 2002 AGENDA ITEM STATEMENT AGENDA HEADING Consent Agenda AGENDA DESCRIPTION Consideration and possible action regarding adoption of plans and specifications for City Hall Improvements Phase 1 — Approved Capital Improvement Program — Protect No 01 -17 — (estimated cost = $386,500 00) RECOMMENDED COUNCIL ACTION Recommendation — (1) Approve plans and specifications, (2) Authorize staff to advertise the project for receipt of construction bids, (3) Alternatively discuss and take other action related to this item BACKGROUND & DISCUSSION- City Hall is close to fifty years old and is in need of refurbishment and remodeling in order to meet today's customer service needs as well as those in the future ATTACHED SUPPORTING DOCUMENTS FISCAL IMPACT, Capital Improvement Program Amount Requested. Account Number- Project Phase. Appropriation Required (Discussion continued on the next page $666,35000 $386,50000 301 - 400 - 8201 -8475 Adoption of plans and specifications No ORIGINATED BY- „jam DATE June 24, 2002 Andres Santamana, Director of Public Works COUNCIL JmwuLY 02 N(Monday N 2"21004 m) 1 BACKGROUND & DISCUSSION (continued) Deficiencies noted are. • Existing rooms in City Hall are either underutilized or not being utilized to meet today's current needs • Rooms are not configured for maximum flexibility to provide for other uses • Existing furniture does not adequately take into account workplace ergonomic safety factors and the demands for proper use of technology equipment • Makeshift arrangements have to be made to provide for PC and other communication cabling • Carpets are in need of replacement To address these deficiencies, it is proposed that certain areas of City Hall be refurbished and remodeled Phase 1 East Garden Area This area, composed of four (4) rooms including a bathroom, is located at street level with an entrance on Standard Street This space was being used as storage, but better space utilization will be available by the proposed remodeling To better utilize this area, it is proposed that one (1) room be converted into two (2) offices for Administrative Services Department staff, one (1) room be made into a meeting room which can also be used as a training room, and one (1) room become the Information Systems staff area for two (2) offices, which will contain ergonomically correct workstations and a computer /server room PC equipment delivery services, using the existing loading zone on Standard Street, can use the entrance on Standard Street to easily make deliveries The existing bathroom in this area would also be refurbished Once this section is completed, five (5) Administrative Services staff members will be moved from the main floor of City Hall Page 1 of 2 COUNCIL JUMULV OZ 09(Wnnay M23 02 100 o m) 5 /, J v}./ BACKGROUND & DISCUSSION (continued) Community, Economic and Development Services Department (CEDS), Public Works Department and Business License Area: The counters in this area will be modified to provide more plan layout space for the public The CEDS counter will incorporate a lowered counter /desktop meeting the Americans with Disabilities Act requirements (ADA) to provide service to those individuals who need wheelchair access The glass and aluminum entrance will be removed to provide better access to the area The Public Works and Business License counter will be expanded to provide more room for laying out of plan sheets and improved customer service when services are needed simultaneously Four (4) ergonomically correct modular stations, in the Business License /Public Works area, will replace existing furniture, which was meant for typewriter use These improvements will provide a better utilization of the combined work area overall and much needed additional work surface areas for staff Administrative Services Area An additional doorway and window will be installed in the City Hall main hallway wall, to the Administrative Services Department. These additions will provide access to the public seeking service from the Human Resources section, which will be located there The improvements to these areas will include new paint and carpet It is estimated that Phase 1 will cost $387,500 and take from three to four months to complete The East Garden area can be worked on during the day without disruption to staff The work done in CEDS, Public Works, Business License area, and in the main hallway is proposed to be done at night and /or on the weekends to minimize interruptions to daily business activities. Page 2 of 2 COUNCIL JULWULY 02 09 (Wnd10&2a 031001. 7 JJ EL SEGUNDO CITY COUNCIL MEETING DATE- July 2, 2002 AGENDA ITEM STATEMENT AGENDA HEADING. Consent Agenda AGENDA DESCRIPTION- Consideration and possible action regarding an agreement with JCM Facilities Planning and Management for professional architectural services for the Installation of one (1) Interior elevator at City Hall — Approved Capital Improvement Program — Project No PW 02 -10 (estimated cost of service = $22,255 00) RECOMMENDED COUNCIL ACTION Recommendation — (1) Authorize the City Manager to execute a standard consultant agreement on behalf of the City, (2) Alternatively discuss and take other action related to this item BACKGROUND & DISCUSSION: On September 4, 2001, the City Council authorized staff to solicit proposals from consultants to provide design and construction support services for the Installation of one Interior elevator at City Hall to be located in the existing West Conference Room area (Additional background and discussion on the next page ) ATTACHED SUPPORTING DOCUMENTS None FISCAL IMPACT Capital Improvement Program, $666,35000 Amount Requested- $ 22,255 00 Account Number 301 400- 8201 -8475 Project Phase: Agreement for professional architectural services Appropriation Required, No ORIGINATED BY DATE, June 26, 2002 Andres Santamana, Director of Public Works T DATE: G 126 10Z COUNCIL a208(We4 W.y oe zs oz 000am) 15 U t) BACKGROUND & DISCUSSION (continued) Staff mailed six (6) Requests for Proposals, and three (3) firms attended the pre - proposal job walk The City received the following proposal JCM Facilities Planning and Management $22,25500 Staff reviewed the proposal and recommends retaining JCM Facilities Planning and Management to provide the professional architectural services JCM Facilities Planning and Management have recently provided satisfactory architectural services for other clients The scope of the consultant services includes preparation of plans and specifications for construction, bidding, and construction support services for this component 61 courvuuuLW ULY 02 00 (wMneW ayo62&O2 ION am) EL SEGUNDO CITY COUNCIL MEETING DATE: July 2, 2002 AGENDA ITEM STATEMENT AGENDAHEADING' Consent Agenda AGENDA DESCRIPTION Consideration and possible action regarding approval of a payment of $16,170 86 to Southern California Edison Company for relocation of street lights on Sepulveda Boulevard RECOMMENDED COUNCIL ACTION Recommendation — (1) Approve payment of $16,170 86 to Southern California Edison Company, (2) Alternatively discuss and take other action related to this item BACKGROUND 8L DISCUSSION' The recently completed Sepulveda Boulevard Widening Project included narrowing of existing median Islands north of El Segundo Boulevard to construct dual left turn lanes pockets Three (3) existing median street lights were removed and need to be replaced with street lights on the east and west sidewalks to maintain street lighting in this area The City Is responsible for street lighting on Sepulveda Boulevard Southern California Edison Company has submitted the enclosed invoice for $16,170 86 for installation of street lights to replace the removed median street lights ATTACHED SUPPORTING DOCUMENTS S C Edison invoice FISCAL IMPACT Capital Improvement Program Amount Requested $16,17086 Account Number. 301 - 400 - 8203 -8422 Protect Phase' Street light relocation Appropriation Required. No ORIGINATED BY �� DATE. June 24, 2002 COUNCIL JULY 0210(WW.1 M 2M21110 A M I G r SOUTHERN CALIFORNIA EDISM An ED /SON IMURNACIONAL�Campam June 14, 2002 SALES INVOICE NAME: PROJECT LOCATION: CITY OF EL SEGUNDO 100 N. SEPULVEDA EL SEGUNDO, CA 90246 PLEASE MAIL PAYMENT TO. SOUTHERN CALIFORNIA EDISON CO. ATTN: JOHN DEATHERAGE 505 MAPLE AVE TORRANCE, CA 90503 PROJECT DESCRIPTION: 16719 - RELOCATE STREET LIGHTS All prices are applicable for a period of 90 days from this date and are subject to change thereafter. ------------------------------------------------------------------------ CUSTOMER INVOICE INFORMATION SCE ACCOUNTING ------------------------------------------------------------------------ Cust Adv Non -Ref - No ITCC NON - REFUNDABLE 142.110 = $ 3,236.84 Relocation Advance $ 16,170.86 Cust Adv Non - Ref -ITCC /Non -Ref TOTAL = $ 16,170.86 142.130 = $ 7,572.16 ITCC Cust Adv /Non -Ref -------- - - - - -- 253.930 = $ 5,361.86 PLEASE PAY THIS AMOUNT $ 16,170.86 TOTAL $ 16,170.86 SCE PROJECT NUMBER: 6444 -6746, 16719 C.W.O.# C.J.O.# Name: CITY OF EL SEGUNDO : Pry Loc 100 N. SEPULVEDA EL SEGUNDO, CA 90246 P O Box 2944 505 Maple Ave Touance, CA 90509 6,j EL SEGUNDO CITY COUNCIL MEETING DATE- July 2, 2002 AGENDA ITEM STATEMENT AGENDA HEADING- Consent Agenda AGENDA DESCRIPTION' Consideration and possible action regarding an amendment to the City Manager's employment agreement granting a salary increase effective July 1, 2002 RECOMMENDED COUNCIL ACTION' 1) Approve an amendment to the City's employment agreement with the City Manager and authorize the Administrative Services Department to implement the necessary salary adjustments, 2) Alternatively, discuss and take other action related to this item BACKGROUND & DISCUSSION. The attached amendment to the City Manager's employment agreement provides for an 8 2% increase in the City Manager's salary effective July 1, 2002 ATTACHED SUPPORTING DOCUMENTS Proposed amendment to the City's employment agreement with the City Manager FISCAL IMPACT $12,000 Operating Budget: Amount Requested Account Number: Project Phase. Appropriation Required: _Yes X No �p 17 FOURTH AMENDMENT TO EMPLOYMENT AGREEMENT BETWEEN THE CITY OF EL SEGUNDO AND MARY STRENN This amendment ( "Amendment ") to the Employment Agreement dated September 15, 1998 ( "Agreement "), between the City of El Segundo, California ( "City " ") and Mary Strenn ( "Employee "), is entered into this 2nd day of July, 2002 The parties do hereby agree to amend Section 4 1 of the Agreement to read as follows 41 Employee's current annual base salary is $154,007 which is, and shall be paid in equal biweekly payments Commencing on July 1, 2002, such base salary shall be increased to $166,882 annually City shall also pay Employee a monthly car allowance of $500 00 The City Council may evaluate Employee's performance annually following the effective date of the Agreement and determine in its sole discretion whether to increase Employee's compensation Any increase must be in writing and signed by the parties IN WITNESS WHEREOF, the parties hereto have signed on their behalf this Agreement as of the day and year first written above City of El Segundo Mike Gordon, Mayor Attest Cindy Mortesen, City Clerk Approved As To Form Mark D Hensley, City Attorney Employee Mary Strenn 6 J EL SEGUNDO CITY COUNCIL MEETING DATE. July 2, 2002 AGENDA ITEM STATEMENT AGENDA HEADING Consent Calendar AGENDA DESCRIPTION. Consideration and possible action regarding approval of Professional Services Agreement to implement the Community Development Block Grant (CDBG) Home Delivered Meals Program between the City of El Segundo and Oldtimers Foundation, a California non - profit organization for an amount not to exceed $16,000 (plus client donations of approximately $9,000 annually) Contract period July 8, 2002 through June 30, 2003 with an option for annual review and renewal not to exceed a total of three years RECOMMENDED COUNCIL ACTION Recommendation — 1 Approve the Professional Services Agreement with Oldtimers Foundation and authorize the Mayor to execute said Agreement 2 Alternatively discuss and take other action related to this Item BACKGROUND & DISCUSSION For more than ten years, under the federal Community Development Block Grant (CDBG) Program, the City of El Segundo has operated a Home Delivered Meals (HDM) Project The City's homebound low and moderate income senior adults and severely disabled persons receive one hot meal with beverage Monday through Friday and one frozen meal for weekend consumption Approximately 4,000 to 4,500 meals are served annually to 35 persons Since the Project's inception, Daniel Freeman Marina Hospital has been the City's service provider However, the recent acquisition and subsequent closure of the hospital facility by Tenet HealthSystem will result in the termination of the contract with Daniel Freeman Marina Hospital, effective July 3, 2002, (attached) ATTACHED SUPPORTING DOCUMENTS Letter from Daniel Freeman Hospital dated June 12, 2002 Draft Professional Services Agreement FISCAL IMPACT Operating Budget $25,000 Amount Requested: N/A Account Number. CDBG 111 - 2778 -6214 Protect Phase: None Appropriation Required ,Yes X No Only if client donations fall short of expectations P PLANNING AND BLDG CDBG CDBG CCMTG HDM 7/02 02 DOC 66 f STAFF REPORT: July 2, 2002 Page 2 BACKGROUND AND DISCUSSION (continued) In order to successfully continue the CDBG /Home Delivered Meals Project, a new service provider must be selected Eight agencies, including private catering companies as well as non - profit organizations experienced in "meals -on- wheels" program operations were contacted Six of the agencies were unable to provide services due to budget constraints, timely distnbution of meals, and /or distance from the City The Oldtimers Foundation, located in the City of Huntington Park, and the Salvation Army /Redondo Beach are both successful candidates capable of continuing the home delivered meals project with no interruption of service Both agencies are non - profit service organizations Both have extensive experience in the preparation, packaging and distribution of hot meals targeted for special needs persons Each of the agencies operated an on -site kitchen facility for hot meal service to walk -in clients as well as prepare and package the hot meals for delivery to ad joining cities and county agencies for distribution On average, both agencies prepare over 1,000 meals daily And, both have been reviewed and certified for food preparation and distribution by the State of California Office of Health Services and the County of Los Angeles Health Department Both agencies prepare meal menus reviewed and approved by registered dietitians, and maintain menus that cycle regularly, are nutritionally balanced for low - fat/low salt diets, and are based on the dietary needs of persons 55 years of age and older The Salvation Army will provide five -day per week hot meal service, excluding major holidays No weekend frozen meal service will be available The cost per meal is $4 50 or $18,000 annually The Salvation Army will not deliver the meals to the City City of El Segundo staff or volunteers will be required to travel to the Salvation Army office in Redondo Beach daily to pick -up the meals The hot meals will not include a beverage The Oldtimers Foundation will provide five -day per week hot meal service and one weekend frozen meal (excluding ma /or holidays) at a cost of $6 00 per meal or $24,000 annually Oldtimers Foundation will deliver the meals daily to the El Segundo Outreach Office Oldtimers Foundation maintains its own fleet of vehicles, and have licensed and insured drivers to accommodate this added service The hot meals and frozen meals will be complete with beverage As a result, staff recommends the selection of the Oldtimers Foundation The availability of staff or volunteers to transport meals from the Salvation Army to the City, use of a personal vehicle, mileage reimbursement, and potential exposure to travel hazards may significantly compromise the efficiency and effectiveness of meal service Additionally, selecting the Salvation Army as the service provider will result in the City incurring the added expense of purchasing and providing weekend frozen meal service to participants Daniel Freeman, the current provider, has delivered the meals with volunteers to the City, therefore the City's current program is not set up to pick up meals outside the City A total of $16,000 in CDBG and General Funds were approved and budgeted for fiscal year 2002 -2003 to support this project Participant contributions that average an additional $9,000 annually bring the total of funds available for the program to $25,000 P PLAN MG AND BLDG CDBG CDBG CCMTG I M 7102 02 DDC 61 Daniel Freeman Marina Hospital Tenet Health System 4650 Lincoln Blvd Marina Del Rey, CA 90292 (3 10) 823 -8911 Ms Mary Strenn City Manager City of El Segundo 350 Main Street El Segundo, Ca 90245 June 12, 2002 Dear Ms Strenn (4 CITY MANAGER'S OFFICE -T- /!uV,4- C u kk \vj 1 UD JUN 18 M2 CEDS Daniel Freeman Marina Hospital announced on May 29, 2002 that it would begin the process of closing the hospital. This process involves discontinuance of admitting non- emergent patients and discharging and/or transferring current patients We anticipate that all patients will be discharged by August 1, 2002 We made the decision to close the Manna facility following a thorough evaluation of the hospital's historical performance and an assessment of its long -term viability After a six -month assessment of the facility by internal and external experts, we determined that there would not be sufficient patient volume to support funding the necessary upgrade and replacement of the Manna hospital Please accept this letter as formal notification of our intent to ternunate the Public Service Agreement Between The City of El Segundo and Daniel Freeman Marina Hospital. We anticipate that we will be able to continue to provide meals through July 3, 2002 We would like to express our appreciation for the professional partnership that we have had in providing Meals on Wheels to the El Segundo area If you have any comments, questions or concerns, please feel free to call me Additionally, please have the appropriate personnel contact me so that we can discuss any remaining issues and ensure as smooth a transition as possible I can be reached at (310) 823 -8911 extension 4261. Sincerely, P ylhs Bushart Chief Operating Officer N67A PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made as of the 8th day of July , 2002 by and between the CITY OF EL SEGUNDO, a municipal corporation ( "City ") and Oldtimers Foundation, a California non- profit corporation, hereinafter referred to as "Consultant" RECITALS A City desires to utilize the services of Consultant as an independent contractor to provide a home - delivered meals program to serve the nutritional needs of El Segundo elderly and /or severely handicapped residents, as set forth in Exhibit "A " B Consultant represents that it is fully qualified to perform such consulting services by virtue of its experience and the training, education and expertise of its principals and employees NOW, THEREFORE, in consideration of performance by the parties of the covenants and conditions herein contained, the parties hereto agree as follows 1. Consultant's Services. The nature and scope of the specific services to be performed by Consultant, as well as the requirements for a notice to proceed and the time of performance, are as set forth in Exhibit "A " 2. Term of Agreement. This Contract shall take effect on, July 8, 2002 (the "Effective Date "), and shall continue until June 30, 2003, unless earlier terminated pursuant to the provisions hereof The agreement may be extended for two additional years at the discretion of the City 3. Source of Funds. The City has applied for and received Community Development Block Grant (CDBG) funds from the United States Government provided under the U S Department of Housing and Urban Development, administered by the U S Department of Housing and Urban Development Such funds are being utilized for this project 4. Compensation. City agrees to compensate Consultant for each service, which Consultant performs to the satisfaction of City in compliance with the schedule, set forth in Exhibit "A" Payment will be made only after submission of proper monthly invoices in the form specified by City Total payment to Consultant pursuant to this Agreement shall not exceed sixteen thousand dollars ($16,000 00) 5. Status as Independent Contractor. a Consultant is, and shall at all times remain as to City, a wholly independent contractor Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City 6 3 b Consultant agrees to pay all required taxes on amounts paid to Consultant under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement In the event that City is audited by any Federal or State agency regarding the independent contractor status of Consultant and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between City and Consultant, then Consultant agrees to reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto c Consultant shall fully comply with the workers' compensation law regarding Consultant and Consultant's employees Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with applicable worker's compensation laws City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification ansing under this Section 6 6. Standard of Performance. Consultant shall perform all work to the highest professional standards and in a manner reasonably satisfactory to City's Project Manager 7. Indemnification. Consultant is skilled in the professional calling necessary to perform the services and duties agreed to be performed under this Agreement, and City is relying upon the skill and knowledge of Consultant to perform those services and duties To the fullest extent permitted by law, Consultant hereby agrees, at its sole cost and expense, to defend, protect, indemnify, and hold harmless the City of El Segundo, and its elected officials, officers, attorneys, agents, employees, volunteers, successors, and assigns (collectively "Indemnitees ") from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith, ansing or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to any act, failure to act, error, or omission of Consultant or any of its officers, agents, servants, employees, subcontractors, material men, suppliers or their officers, agents, servants or employees, ansing or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to this Agreement or the performance or failure to perform any term, provision, covenant, or condition of the Agreement, including this indemnity provision This indemnity provision is effective regardless of any prior, concurrent, or subsequent active or passive negligence by Indemnitees and shall operate to fully indemnify Indemnitees against any such negligence This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law Payment is not required as a condition precedent to an Indemnitee's right to recover under this indemnity provision, and an entry of judgment against an Indemnitee shall be conclusive in favor of the Indemnitee's right to recover under this indemnity provision Consultant shall pay Indemnitees for any attorneys' fees and costs incurred in enforcing this indemnification provision Notwithstanding the foregoing, nothing in this instrument shall be construed to encompass Indemnitees' sole negligence or willful misconduct This indemnity is effective without reference to the existence or applicability of any insurance coverages, which may have been required under the Agreement, or any additional insured endorsements, which may extend to Indemnitees Consultant, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities ansing out of or incident to activities or operations performed by or on behalf of the Consultant regardless of any prior, concurrent, or subsequent active or passive negligence by the Indemnitees Page 2 of 7 r�o,l In the event there is more than one person or entity named in the Agreement as a Consultant, then all obligations, liabilities, covenants and conditions under this Section 7 shall be joint and several 8. Insurance. Before commencing performance under this Agreement, and at all other times this Agreement is effective, Consultant will procure and maintain the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below Type of Insurance Commercial general liability Business automobile liability Workers compensation Limits (combined single $1,000'000 $1,000,000 Statutory requirement b Commercial general liability insurance will meet or exceed the requirements of ISO -CGL Form No CG 00 01 11 85 or 88 The amount of insurance set forth above will be a combined single limit per occurrence for bodily injury, personal injury, and property damage for the policy coverage Liability policies will be endorsed to name City, its officials, and employees as "additional insureds" under said insurance coverage and to state that such insurance will be deemed "primary" such that any other insurance that maybe camed by City will be excess thereto Such insurance will be on an `occurrence," not a "claims made," basis and will not be cancelable or subject to reduction except upon thirty (30) days prior written notice to City Automobile coverage will be written on ISO Business Auto Coverage Form CA 00 0106 92, including symbol 1 (Any Auto) d Professional liability coverage will be on an "occurrence basis" if such coverage is available, or on a "claims made" basis if not available When coverage is provided on a "claims made basis," Consultant will continue to maintain the insurance in effect for a period of three (3) years after this Agreement expires or is terminated ( "extended insurance "), Such extended insurance will have the same coverage and limits as the policy that was in effect during the term of this Agreement, and will cover Consultant for all claims made by City arising out of any errors or omissions of Consultant, or its officers, employees or agents during the time this Agreement was in effect Consultant will furnish to City, duly authenticated Certificates of Insurance evidencing maintenance of the insurance required under this Agreement, endorsements as required herein, and such other evidence of insurance or copies of policies as may be reasonably required by City from time to time Insurance must be placed with insurers with a current A M Best Company Rating equivalent to at least a Rating of "A VII " Should Consultant, for any reason, fail to obtain and maintain the insurance required by this Agreement, City may obtain such coverage at Consultant's expense and deduct the cost of such insurance from payments due to Consultant under this Agreement or terminate Page 3 of 7 �� 9. Confidentiality. Consultant in the course of its duties may have access to confidential data of City, private individuals, or employees of the City Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City City shall grant such authorization if disclosure is required by law All City data shall be returned to City upon the termination of this Agreement Consultant's covenant under this section shall survive the termination of this Agreement 10. Ownership of Materials. All materials prepared or provided by Consultant in the performance of this Agreement shall be and remain the property of City without restriction or limitation upon its use or dissemination by City 11. Conflict of Interest. a Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be performed by Consultant under this Agreement, or which would conflict in any manner with the performance of its services hereunder Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it Furthermore, Consultant shall avoid the appearance of having any interest that would conflict in any manner with the performance of its services pursuant to this Agreement b Consultant covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of hardware or software to City as a result of the performance of this Agreement Consultant's covenant under this section shall survive the termination of this Agreement 12. Termination. Either patty may terminate this Agreement with or without cause upon thirty (30) days' written notice to the other party The effective date of termination shall be upon the date specified in the notice of termination, or, in the event no date is specified, upon the thirtieth (30th) day following delivery of the notice In the event of such termination, City agrees to pay Consultant for services satisfactonly rendered prior to the effective date of termination Immediately upon receiving written notice of termination from City, Consultant shall discontinue performing services 13. Personnel. Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement All of the services required under this Agreement will be performed by Consultant or under its supervision, and all personnel engaged in the work shall be qualified to perform such services Consultant reserves the right to determine the assignment of its own employees to the performance of Consultant's services under this Agreement, but City reserves the right, for good cause, to require Consultant to exclude any employee from performing services on City's premises 14. Assignment. It is expressly understood that the experience, knowledge, capability, and reputation of Consultant's principal(s) were a substantial inducement for City to enter into this Agreement Consultant shall not assign or transfer any interest in this Agreement nor the performance of any of Consultant's obligations hereunder, without the prior written consent of City, and any attempt by Consultant to so assign this Agreement or any rights, duties, or obligations ansmg hereunder shall be void and of no effect 15. Compliance with Laws. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments and include the following federal regulations as specifically pertaining to the Community Development Block Grant (CDBG) Program r Page 4 of 7 16. Non - Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement In no event shall the making by City of any payment to Consultant constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Consultant, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default 17. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during regular business hours or by facsimile before or during regular business hours, or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses set forth below, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section City City of El Segundo 350 Main Street El Segundo, California 90245 (310) 524 -2354 Attu City Manager Consultant Robert Rodriguez, Program Director Oldtimers Foundation Family Center 3355 E Gage Avenue Huntington Park, CA 90255 (323) 582 -6090 18. Governing Law. This Contract shall be interpreted, construed and enforced in accordance with the laws of the State of California 19. Legal Actions. The Municipal and Superior Courts of the State of California in the County of Los Angeles shall have exclusive jurisdiction of any litigation between the parties arising out of this Agreement This Agreement shall be governed by, and construed under, the laws of the State of California In addition to any other rights or remedies either party may take legal actions, in law or in equity, to cure, correct, or remedy and default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement The rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party 20. Retention of Funds. Consultant hereby authorizes City to deduct from any amount payable to Consultant (whether arising out of this Agreement of otherwise) any amounts the payment of which may be in dispute hereunder until such dispute is resolved, or which are necessary to compensate City for any claims, losses, costs, liabilities, or damages suffered by City, and all amounts for which City may be liable to third parties, by reason of Consultant's negligent acts or omissions in performing or failing to Page of 73 from any payment due Consultant, without liability for interest, an amount sufficient to cover such claim or any resulting lien The failure of City to exercise such right to deduct or withhold shall not affect the obligations of the Consultant to insure and indemnify City as elsewhere provided herein, or act as a waiver of Consultant's obligation to pay City any sums Consultant owes City 21 Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument 22. Agreement to Control. In the event of any inconsistency between the provisions of this Agreement and Consultant's proposal, the provisions of this Agreement shall control 23. Entire Agreement. This Agreement, and any other documents incorporated herein by specific reference, represents the entire and integrated agreement between Consultant and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement Amendments on behalf of City will only be valid if signed by the Mayor or City Manager, and attested by the City Clerk reference 24. Exhibits. All exhibits referred to in this Agreement are incorporated herein by this 25. CDBG Requirements. a During the performance of this Contract, the Contractor agrees to comply with the following federal provisions (1) Executive Order 11246 requires that during the performance of this Contract, the Contractor agrees not to discriminate against any employee or apphcant for employment because of race, religion, sex, color, or national origin The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, color or national origin Such action shall include, but not be limited to, the following, employment, upgrading, demotion, or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Contractor setting forth the provisions of this nondiscrimination clause (2) Section 3 of the Housing and Community Development Act of 1968, as amended, 12 U S C 1701 et seg , requires that to the greatest extent feasible, opportunities for training and employment be given to lower income residents of the project area and Contracts for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part by persons residing in the area of the project (3) Title VI of the Civil Rights Act of 1964 provides that no person shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance Page 6 of 7 c� (4) Section 109, Title I of the Housing and Community Development Act of 1974, provides that no person shall, on the ground of race, color, national origin, or sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part under this Title (5) Any prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975, or with respect to an otherwise qualified handicapped individual, as provided in Section 504 of the Rehabilitation Act of 1973, shall also apply to any such program or activity b Consultant shall not discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the performance of its services and duties pursuant to tlus Agreement, and will comply with all rules and regulations of City relating thereto Such nondiscrimination shall include but not be limited to the following employment, upgrading, demotion, transfers, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship c Consultant will, in all solicitations or advertisements for employees placed by or on behalf of Consultant state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, mantal status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation d Contractor agrees to include the above provisions in every subcontract for work in connection with this project 26 Inspection by Department. City shall be permitted to inspect work performed by Contractor to ensure that the work is performed in accordance with the provisions of this Contract and applicable general and local law and codes City and the US Department of Housing and Urban Development (HUD) shall be permitted at all reasonable times to inspect and review all relevant data and records of Contractor Contractor agrees to retain and provide to City and HUD< access to any books, documents, papers and records for audit or examination for a minimum of four (4) years after final payment and all other pending mattes relative to the performance of this contract are closed Page 7 of 7 75 IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above ATTEST By Cindy Mortesen City Clerk Approved as to form Mark D Hensley, By Karl H Berger Assistant Crty/� "City" CITY OF EL SEGUNDO M Mary Strenn City Manager "Consultant" OLDTIMERS FOUNDATION M Page 8 of 7 Robert Rodriguez Program Director '7 r; EXHIBIT A SCOPE OF SERVICES DESCRIPTION OF WORK CONSULTANT shall. a) Provide nutritionally balanced, hot meals, which are based on the dietary needs of senior citizens Meals are to be conveniently packaged, prepared and delivered to the City of El Segundo Outreach Office Menus, approved by Registered Dietitians, are to be based on a minimum seven -week cycle and contain at least one -third the Recommended Daily Allowance (RDA) for individuals 55 years or older The meals shall be provided during each non - holiday weekday throughout the year. Holidays, as relevant to this Agreement, are January 1, President's Day, Memorial Day, July 4, Thanksgiving Day, and Christmas Day. b) For clients identified by CITY, provide frozen weekend meals, containing at least one-third of the RDA, on Friday for consumption on the weekend. If Friday is a holiday, the meals will be provided on the day prior to the holiday c) Provide 1,500 calone and 2 gram sodium therapeutic diets for clients identified by CITY caseworkers d) Provide requested technical assistance, including consultation services from CONSULTANT'S Registered Dietitian. e) Provide CITY sufficient copies of a printed monthly menu for distnbution to CITY recipients. surveys. f) Provide recipients an opportunity to participate in meal planning g) Maintain food carriers in a sanitary fashion. h) Bill the CITY Department of Community, Economic and Development Services at the end of each month for meals provided by CONSULTANT in an amount determined by this Agreement i) Submit to CITY a statement of self - insurance evidencing liability coverage CITY shall: a) Provide volunteers or staff to deliver the meals to client's homes, 77 uo Exhibit A Page Two b) Perform client intake and evaluate current need and the continued need for the service on the part of the potential recipients services. c) Provide, if needed by the recipient, referrals to appropriate agencies or d) Provide the necessary meal transporters and hot/cold packs e) , Provide space and telephone for Home Delivered Meals Program f) Monitor temperatures of food to ensure appropriate temperatures g) Reimburse CONSULTANT at the rate of $6.00 per meal 1) Prepare for CONSULTANT 1. List of clients to be served; 2. Clients' special dietary needs, if applicable; 3 Meal delivery schedule indicating how far in advance clients require meals; and 4 List identifying number of meals required by each client - 78 y EL SEGUNDO CITY COUNCIL MEETING DATE: July 2, 2002 AGENDA ITEM STATEMENT AGENDA HEADING New Business AGENDA DESCRIPTION Consideration and possible action regarding approval of conceptual design for the Recreation Park Master Plan and Community Center design (no fiscal Impact) RECOMMENDED COUNCIL ACTION: 1 Review preliminary Master Plan and Community Center design, 2 Open a thirty (30) day public Input period to receive comments, 3 Agendize this item for the Council meeting of August 20th, 4 Alternatively, discuss and take other action related to this Item BACKGROUND & DISCUSSION- On March 6, 2001, City Council authorized staff to Issue an RFP for the design of the Recreation Park Master Plan and Community Center City Council approved a design contract with LPA at the July 17, 2001 Council meeting LPA has conducted a visioning meeting with Interested community members in October 2001 to receive Input on the proposed uses for Recreation Park and the community center LPA also reviewed the needs assessment results compiled by The Center for Urban Research and Learning at California State University, Dominguez Hills The architect has also made presentations to a point meeting of the Recreation and Parks Commission and the Planning Commission to review the preliminary Master Plan and Community Center layout and solicit feedback from the Commissioners and the public LPA refined the Master Plan and Community Center design and presented it to the Recreation and Parks Commission at a special meeting on April 1, 2002 The Commission has Indicated that performing arts space, additional classroom space, adequate playground area, and opportunities for additional parking are Important Issues to be addressed by the architect Gymnasium size and seating capacity, locker room and shower facilities, and other space considerations were also discussed (Continued on back page) ATTACHED SUPPORTING DOCUMENTS. Preliminary Master Plan and Community Center design FISCAL IMPACT None at this time Operating Budget Amount Requested Account Number Project Phase Conceptual design approval Aoorormation Reauired. Yes x No DATE June 20, son, Recrea AZar ector DATE City 19 LPA presented the preliminary design approved by the Recreation and Parks Commission at the May 15 meeting for Council review The architects are presenting a plan that addresses the community needs and desires The community center will be a focal point for leisure services and programs within the community Multiple activities will be accommodated daily, with multi -use spaces that offer flexibility and variety within the final design There is proposed to be a thirty (30) day public input period for community comments, which can be addressed to the Recreation and Parks Department at 339 Sheldon Street or by e -mail to gjohnson @elsegundo org 60 EL SEGUNDO CITY COUNCIL MEETING DATE: 7102102 AGENDA ITEM STATEMENT AGENDA HEADING- NEW BUSINESS AGENDA DESCRIPTION* Consideration and possible action regarding the adoption of FY 2002 -03 Estimated Revenue and Appropriation assumptions RECOMMENDED COUNCIL ACTION: (1) Direct staff to proceed with FY 2002 -2003 Estimated Revenue and Appropriation Assumptions, (2) Alternatively discuss and take other action related to this item BACKGROUND & DISCUSSION: (Continued on next page) ATTACHED SUPPORTING DOCUMENTS: None FISCAL IMPACT Operating Budget Amount Requested: Account Number, Project Phase, Appropriation Required: _Yes X No • %• r .• rr t:a�� .nmf�a�• - .. �n REVIEWED BY: , City s � 20 BACKGROUND & DISCUSSION (Continued) As we enter the FY 2002 -2003 budget, there are a number of outstanding concerns The State of California is continuing to anticipate a FY 2002 -2003 deficit ranging from $12 5 to $25 billion This may have a potential impact on the City of up to $1 5 million The CalPers investment portfolio, which assumed 8 25% increases, has taken losses the past two years This will have an impact on both safety and non - safety employer rates from PERS Cities that have implemented new plans over the past two years are already experiencing substantial increases in safety employer rates While El Segundo continues to be well diversified and positioned for the future, we are taking extra precautions this next fiscal year that will be reflected in the budget assumptions FY 2002 -2003 REVENUE BUDGET ASSUMPTIONS Included below is a list of FY 2002 -2003 revenue budget assumptions ➢ Sales tax is estimated to increase 2% ➢ Due to the concerns of the State's budget and the possibility of balancing the budget at the expense of local agencies, VLF is estimated to be $200,000 or 25% lower than FY 2001 -2002 Budget ➢ Property Taxes are assumed to increase 6 %, which is the estimated increase in assessed valuation for the entire Los Angeles County This percentage change will be revised prior to budget adoption when staff receives the City's specific increase in assessed valuation ➢ Utility User's Tax revenues, which have continued to come in higher than anticipated, are estimated to decrease $750,000 from the FY 2001 -2002 budget ➢ Transient Occupancy taxes are down an estimated $185,000 in FY 2001 -2002 and are project to gradually stabilize The FY 2002 -2003 budget will reflect an $185,000 decrease over the previous year's budget ➢ Co generated electricity is estimated at $850,000, which is consistent with historical levels prior to FY 2000 -2001 ➢ Business License taxes are assumed to decrease $200,000 based on an estimated net job loss of 1,900 Since there is no cost of living indexing, this revenue source is expected to gradually erode ➢ The increase in natural gas prices over the past two years has increased utility user's taxes and franchise fees substantially higher than original estimates Since the gas prices have stabilized, the gross revenues are assumed to remain flat for calculating franchise taxes ➢ Budget assumes a $90 million improvement valuation related to new commercial and industrial construction projects �U ➢ Property Taxes based on this new construction are estimated to be $57,600 ➢ The Water Fund will be evaluated to include an increase Future rate increases will be forthcoming and implemented with the issuance of water well bonds A water and sewer rate study will take place in the next few months Water and sewer rates are anticipated to increase significantly ➢ The State of California has significantly reduced reimbursements of state mandated costs The budget will reflect a net reduction of $30,000 ➢ The State has also reduced Library PLF funds an estimated $7,000 to $10,000 ➢ Revenues generated from the Corporate Campus project are not estimated to be significant until FY 2003 -2004 FY 2002 -2003 APPROPRIATION ASSUMPTIONS ➢ The objective of the budget is to maintain service levels through current staffing and appropriate contracted services New positions, if any, would be the result of organizational audits Scheduled maintenance programs for streets, trees, parks and parkway activities will be continued and, in some cases, enhanced ➢ Health costs are estimated to increase 22% in FY 2002 -2003 They have increased 40 to 50% over the past 2 years and are estimated to increase an additional 20 to 25% each of the next 2 years ➢ General Liability and Workers' Compensation premiums are estimated to increase $75,000 and $150,000 respectively Worker's compensation, General Liability, and Property insurance premiums have increase 25 to 60% The worker's compensation self - insured retention is anticipated to increase up to $1,000,000 for non- safety and safety workers ➢ Capital improvement appropriations totaling $3,729,000 are recommended by the Capital Improvement Project Committee ➢ Budget will include $2 million in funding of phase 9 and 10 of the Residential Sound Insulation program to complete an additional estimated 100 homes 001 EL SEGUNDO CITY COUNCIL MEETING DATE. July 2, 2002 AGENDA ITEM STATEMENT AGENDA HEADING. New Business AGENDA DESCRIPTION Consideration and possible action regarding a lease agreement between the City of El Segundo and AT &T Wireless allowing the construction and operation of wireless communications equipment within the city facility located at 400 Lomita Street RECOMMENDED COUNCIL ACTION- 1) Authorize the City Manager to execute a memorandum of lease and a lease agreement between the City of El Segundo and AT& T Wireless, 2) Alternatively, discuss and take other action related to this item BACKGROUND & DISCUSSION. In January 1999, the City Council approved six locations where the siting and Installation of cellular telephone transmission equipment would be pre- approved The city water tower facility, located at 400 Lomita Street, was one of the locations approved at that time In April, a representative from AT &T Wireless communications contacted the City about Installing wireless communications equipment at that site The proposal includes the bolted installation of transmission "paddles" on the City's water tower, installation of an 11' x 15" concrete pad and three cabinets in the maintenance faculty (Please see attached page marked "Background and Discussion ") ATTACHED SUPPORTING DOCUMENTS- Proposed lease agreement FISCAL IMPACT, None Operating Budget- Amount Requested, Account Number Project Phase. J� 21 Background and Discussion (con't): The installation of the communications equipment proposed by AT &T Wireless would have minimal impact on City operations, and little or no aesthetic impact on the surrounding neighborhood In addition, AT &T Wireless produced an independent study showing that the proposed equipment would have no impact on current police and dispatch operations in the community The Police Department has reviewed that document and concurs with it findings In addition, it should be noted that the project was previously reviewed for CEQA compliance and a mitigated declaration was adopted in 1999 when the Council pre- approved locations for the installation of wireless communications equipment The lease agreement negotiated by staff includes the following provisions ➢ An initial five -year term with a tenant option for three additional five -year terms This provision is identical to the previous AT &T Wireless lease agreement approved by the Council on November 7, 2001, ➢ AT &T Wireless will pay $1,500 00 /month for use of the City facilities In addition, the agreement includes an annual 3% escalator clause in the lease amount paid by the company, ➢ Access to the City's property by AT &T Wireless employees will be limited to "business hours," or Monday through Friday between 7 00 a m and 4 00 p m , ➢ Insurance liability requirements have been upgraded to meet current City standards Staff has concluded that the proposal from AT &T Wireless represents a minimally invasive approach, both technically and aesthetically, and serves the goal of improving wireless voice communications in El Segundo 033 Market Los Angeles Cell Site Number LSAGCA0086 Address 400 Lomita Street, El Segundo, CA 90245 LEASE AGREEMENT THIS LEASE AGREEMENT ( "Agreement "), dated as of the date below, is entered into by the City of El Segundo, a municipal corporation, with a Tax ID# of 95- 6000706, having its principal office /residing at 350 Main St, El Segundo, CA 90245 (hereinafter referred to as "Landlord") and AB Cellular LA, LLC, a Delaware limited liability company d/b /a AT &T WIRELESS, with a Tax ID # of 91- 2032401 having an office at 2729 Prospect Park Drive, Rancho Cordova, CA 95670 (hereinafter referred to as "Tenant ") BACKGROUND Landlord owns that certain plot, parcel or tract of land, together with all rights and privileges arising in connection therewith, located at 400 Lorruta Street, El Segundo, Los Angeles County, State of California as further described on the Legal Description of the property attached hereto as Exhibit A (collectively "Property") Tenant desires to use a portion of the Property in connection with its federally licensed communications business The parties agree as follows 1. LEASE OF PREMISES. Landlord leases to Tenant portions of the Property consisting of (a) ground space of approximately 108 square feet and (b) space on the structure and such easements as are necessary for the antennas and initial installation as described on attached Exlubit B (collectively, "Premises ") 2. PERMITTED USE. Tenant may use the Premises for the transmission and reception of communications signals and the installation, maintenance, operation, repair and replacement of its communication fixtures and related equipment, cables, accessories and improvements (collectively the "Communication Facility ") and any other items necessary to the successful and secure operation of the Communication Facility, as substantially described in Exhibit B, such use includes the right to test, survey and check title on the Property Landlord's execution of this Agreement will signify Landlord's approval of Exhibit B Tenant has the right to make Property improvements, alterations or additions ( "Tenant Changes ") consistent with the building and facility specifications attached hereto as Exhibit B Prior to the initial installation of Tenant's Changes, Tenant will supply the Landlord with plans and specifications consistent with Exhibit B ( "Plans ") to be reviewed and approved by the Landlord prior to commencement of Tenant's Changes Landlord's approval will not be unreasonably withheld After approval, the Plans will be considered incorporated in this Agreement as Exhibit C If the Landlord disapproves the plans then the Tenant will provide the Landlord with revised plans In the event Landlord disapproves of the Plans upon a second (2nd) submission, Tenant may terminate this Agreement Landlord will not knowingly permit or suffer any person to copy or utilize the Plans for any purpose other than as provided in this Agreement except to the extent provided by the Public Records Act and other applicable law Tenant agrees to comply with all applicable governmental laws, rules, statutes and regulations, relating to its use of the Communication Facility on the Property Tenant has the right to modify, supplement, replace, or upgrade the Communication Facility so long as such do not physically alter the exterior appearance of the facilities, and such modifications are subject to the same approval process set forth above However, any changes which alter the exterior physical appearance of the Communication Facility, shall require Landlord's prior written consent, which may be withheld in the Landlord's sole discretion J 1 3. TERM. (a) The initial lease term will be five (5) years ( "Initial Tenn "), commencing upon the Commencement Date, as defined below The Initial Tenn will terminate on the last day of the month m which the fifth annual anniversary of the Commencement Date occurred (b) This Agreement will automatically renew for three (3) additional five (5) year Term(s) (the `Extension Term'), upon the same terns and conditions unless the Tenant notifies the Landlord in writing of Tenant's intention not to renew this Agreement at least mnety (90) days prior to the expiration of the existing Term (c) If Tenant remains m possession of the Premises after the termination or expiration of this Agreement then Tenant will be deemed to be occupying the Prerruses on a month to month basis (the "Holdover Term "), subject to the terms and conditions of this Agreement Should this occur, Landlord may terminate this Agreement upon thirty (30) days written notice (d) The Initial Term and the Extension Term and the Holdover Tenn are collectively referred to as the Term ( "Term ") 4. RENT (a) Commencing on the date that Tenant commences construction ( "Commencement Date "), Tenant will pay the Landlord a monthly rental payment of One Thousand Five Hundred Dollars and 00 /100 ($1,500 00), plus any applicable tax, at the address set forth above, on or before the 5"' day of each calendar month m advance Rent will be prorated for any partial month (b) Beginning with year two (2) of the Initial Term, and each year thereafter, including throughout any option terns exercised, the yearly rent will be increased by three percent (3 9/6) over the previous year's Rent 5. APPROVALS. (a) Landlord agrees that Tenant's ability to use the Premises is contingent upon its suitability for Tenant's mtended use and Tenant's ability to obtam all governmental licenses, permits, approvals or other relief required of or deemed necessary by Tenant for its use of the Premises, including without lumtation applications for zonmg variances, zoning ordinances, amendments, special use permits, and construction permits (collectively referred to as "Governmental Approvals ") Tenant will prepare, execute and file all required applications to obtain Governmental Approvals for Tenant's use under this Agreement and Landlord agrees to reasonably cooperate with Tenant with such applications (b) Tenant has the nglit, at its sole expense, to obtain a title report or commitment for a leasehold title policy from a title insurance company of its choice and to have the Property surveyed by a surveyor of its choice Tenant shall have thirty days from the effective date of this Agreement to either accept or reject matters of record title If Tenant rejects any matters of record title, Landlord can m its sole discretion correct any such matters within thirty (30) days In the event that Landlord does not correct any record title matters objected to by Tenant, Tenant may either terminate this Agreement, or accept such matters of record title (c) Tenant may also obtain, at Tenant's sole cost and expense engineering or environmental tests or reports ( "Tests ") relating to the feasibility of locating the Communication Facility on the Premises Tenant shall have thirty (30) days from execution of this Agreement to accept the Site or accept it in its "AS IS" state 0 3 6. TERMINATION. This Agreement may be terminated as follows (a) by either party on flurry (30) days prior written notice, if the other party remains in default under Paragraph 14 of this Agreement after the applicable cure periods, (b) by Tenant upon written notice, if Tenant is unable to obtain, or maintain, any required approval(s) or the issuance of a license or permit by any agency, board, court or other governmental authority necessary for the construction or operation of the Communication Facility as now and hereafter intended by Tenant or if Tenant determines in its sole discretion that the cost of obtaining or retaining the same is commercially unreasonable, or for any other reason identified in this Agreement (c) by Tenant on ninety (90) days written notice for any reason 7 INTERFERENCE (a) There are existing radio frequency user(s) on the Landlord's Property, the Landlord will provide Tenant with a list of all existing radio frequency user(s) and their frequencies on the Property to allow Tenant to evaluate the potential for interference between the Communication Facility and the existing frequency users Tenant shall conduct testing prior to activation of the Communication Facility to ensure that the operation of its Communication Facility does not interfere with existing radio frequency users (b) Landlord will not grant, after the date of tlus Agreement, a lease, license or any other right to any third party for use of the Property, if such use materially interferes with the operations of Tenant's Communication Facility, unless such interference is the result of operations that are intended to be a part of, or enhance, Landlord's police and fire communication system Landlord will notify Tenant prior to granting any third party the right to install and operate communications equipment on the Property (c) Landlord will not use, nor will Landlord permit its employees, tenants, licensees, invitees or agents to use, any portion of the Prermses that in any way that materially interferes with the operations of Tenant or the rights of Tenant under this Agreement except as necessary to carry out emergency operations of Landlord or as otherwise permitted under this Agreement Landlord will cause unauthorized interference to cease upon not more than twenty-four (24) hour notice from Tenant (d) It is understood that Landlord operates a police and fire emergency communication system and that the operation of such is paramount over any operation of Tenant's Communication Facility hereunder It is further understood that Landlord may alter its current police and fire communication system in the future Accordingly, the installation, maintenance and operation of the Communication Facility shall not interfere with the Landlord's existing or future communications equipment, operations, or transmissions on or from the Property In the event Tenants installation, maintenance or operation of its Communication Facility interferes with the Landlord's existing or future communications equipment, operations, or transrmssions, Tenant will immediately cease such interference, after verbal or written notice thereof until it is able to resolve the interference problem The Landlord shall be entitled to specific enforcement in order to cause such interference to cease and desist without allowing Tenant an opportunity to cure such interference as provided in Section 16 hereof If the interference cannot be resolved within a reasonable period of time under the circumstances, either party is entitled to terminate this Agreement JU 8. INDEMNIFICATION. (a) Tenant agrees to indemnify, defend (with counsel reasonably acceptable to Landlord) and hold Landlord harmless from and against any injury, loss, damage or liability (or any claims in respect of the foregoing), costs or expenses (including reasonable attorneys' fees and court costs) arising directly from performance of this Agreement, the installation, use, maintenance, repair or removal of the Communication Facility, except to the extent attributable to the sole active negligence or willful acts or ormssions of Landlord, its employees, agents or independent contractors (b) Landlord agrees to mdemnify, defend (with counsel reasonably acceptable to Tenant) and hold Tenant harmless from and against any injury, loss, damage or liability (or any claims in respect of the foregoing), costs or expenses (including reasonable attorneys' fees and court costs) arising directly from the actions or failure to act of Landlord and its employees 9. MAINTENANCE AND REPAIR. Landlord will maintain the areas surrounding the Property in good condition and repair and free from weeds, debris and rubbish 10. WARRANTIES. Tenant and Landlord each acknowledge and represent that it is duly organized, validly existing and in good standing and has the right, power and authority to enter into tlus Agreement and bind itself hereto through the party set forth as signatory for the party below Landlord represents and warrants that (1) to the best of its knowledge, Landlord solely owns the Property as a legal lot in fee simple, or controls the Property by lease or license, unencumbered by any hens, restrictions, mortgages, covenants, conditions, easements, leases, agreements of record or not of record, which would adversely affect Tenant's use and enjoyment of the Prermses under this Agreement, (n) as long as Tenant is not in default then Landlord grants to Tenant actual, quiet and peaceful use, enjoyment and possession of the Premises, (m) to the best of Landlord's knowledge, its execution and performance of this Agreement will not violate any laws, ordinances, covenants or the provisions of any mortgage, lease, or other agreement binding on the Landlord, and (iv) if the Property is or becomes encumbered by a deed to secure debt, mortgage, or other security interest, Landlord will use its best efforts to notify Tenant of such and give Tenant the opportunity to secure a Subordination, Non - Disturbance and Attornment Agreement However, Tenant takes possession of the Premises subject to those matters are of record title or that Tenant could discover through reasonable due diligence under the circumstances or that it has actual notice of 11. ENVIRONMENTAL. (a) Landlord and Tenant agree that each will be responsible for compliance with any and all environmental and industrial hygiene laws, including any regulations, guidelines, standards, or policies of any governmental authorities regulating or imposing standards of liability or standards of conduct with regard to any environmental or industrial hygiene condition or matters as may now or at any time hereafter be in effect, that are now or were related to that party's activity conducted in, or on the Property (b) Landlord and Tenant agree to hold harmless and indemnify the other from and to assume all duties, responsibilities, and liabilities at is sole cost and expense, for all duties, responsibilities and liability (for payment of penalties, sanctions, forfeitures, losses, costs, or damages) and for responding to any action, notice, claun, order, summons, citation, directive, litigation, investigation or proceeding which is related to (r) failure to comply with any environmental or industrial hygiene law, including without limitation any regulations, guidelines, standards or policies of any governmental authorities regulating or nWosmg standards of liability or standards of conduct with regard to any environmental or industrial hygiene H conditions or matters as may now or hereafter be in effect, and (n) any environmental or industrial hygiene conditions that arse out of or are in any way related to the condition of the Property or activities conducted by the party thereon, unless the environmental conditions are caused by the other party (c) The indemnifications of this Paragraph specifically include reasonable costs, expenses and fees incurred in connection with any investigation of Property conditions or any clean -up, remedial, removal or restoration work required by any governmental authority The provisions of this Paragraph will survive the expiration or termination of this Agreement and/or any transfer or assignment of the rights and obligations under this Agreement 12. ACCESS. At all tunes throughout the term of this Agreement, and at no additional charge to Tenant, Tenant and its employees, agents, and subcontractors, will have access to and over the Property between 7 00 a m and 4 00 p m, Monday through Friday, from an open and unproved public road to the Prermses, for the installation, maintenance and operation of the Communication Facility and any utilities serving the Prermses Tenant shall provide two (2) hour prior notice, except in the case of an emergency in which event Tenant shall provide as much notice as possible to Landlord's General Services Manager of its intent to enter the Premises Landlord may in its reasonable determination deny such access if such will interfere with the Landlord's operations In the event any public utility is unable to use the access provided to Tenant the Landlord hereby agrees to grant an additional access either to Tenant or to the public utility, for the benefit of Tenant, at no cost to Tenant 13. REMOVAL. All portions of the Communication Facility brought onto the Property by Tenant will be and remain Tenant's personal property and, at Tenant's option, may be removed by Tenant at any time during the Term Landlord covenants and agrees that no part of the Communication Facility constructed, erected or placed on the Premises by Tenant will become, or be considered as being affixed to or a part of, the Property, it being the specific intention of the Landlord that all improvements of every kind and nature constructed, erected or placed by Tenant on the Premises will be and remain the property of the Tenant and may be removed by Tenant at any time during the Term Within sixty (60) days of the termination of this Agreement for whatever reason, Tenant will remove all such improvements and return the Premises to the Landlord in the same or better condition as the Premises were in on the Commencement Date, reasonable wear and tear excepted 14. RELOCATION Upon request by Landlord, from time to tune, Tenant will make tumor relocations of its Communication Facilities equipment so long as such does not interfere with Tenant's operation of its Communication Facility Upon relocation of the Communications Facility, or any part thereof, all references to the site in this Agreement will be deemed to be references to the relocation site Upon permanent relocation, the parties shall execute an amendment to this agreement which redefines the Property, Prerruses, and the Communication Facility and which deletes the existing Exhibits A, B and C, and replaces such with revised Exhibits A, Band C Except as expressly provided in this Section, Owner and Tenant agree that in no event will the relocation of the communications facility of Tenant, or any part thereof, except as provided in this paragraph 14, affect, alter, modify or otherwise change any of the terms and conditions of this Agreement 15. MAINTENANCE; UTILITIES. (a) Tenant will keep and maintain the Premises in good condition, reasonable wear and tear and damage from the elements excepted Landlord will maintain and repair the Property and access thereto, in good and tenantable condition, subject to reasonable wear and tear and damage from the elements 5 v 'j (b) Tenant will be solely responsible for and promptly pay all utilities charges for electricity, telephone service or any other utility used or consumed by Tenant on the Prermses Landlord will fully cooperate with any utility company requesting an easement over, under and across the Property in order for the utility company to provide service to the Tenant In the event Tenant cannot secure its own metered electrical supply, Tenant shall, at its own cost and expense, install a submeter to the Landlord's meter Tenant will pay on a monthly basis the current local utility company rate for submetered electric, after the meter is read by the Landlord and billed to Tenant Landlord will not be responsible for interference with, interruption of or failure, beyond the reasonable control of Landlord, of such services to be furnished or supplied indirectly by Landlord 16. DEFAULT AND RIGHT TO CURE. (a) Tenant will be deemed to be in default and breach of this Agreement if Tenant fails to perform any tern or condition under this Agreement withm forty-five (45) days after Landlord gives written notice that identifies a specific failure by Tenant under this Agreement No such failure, however, will be deemed to exist if Tenant has commenced to cure such default within such period and provided that such efforts are prosecuted to completion with reasonable diligence Delay in curing a default will be excused if such is due to causes beyond the reasonable control of Tenant If Tenant remains in default beyond any applicable cure period, Landlord will have the right to exercise any and all rights and remedies available to it under law and equity (b) Landlord will be in deemed to be in default and breach of this Agreement if Landlord fails to perform any term or condition under this Agreement within forty-five (45) days after Tenant gives written notice that identifies a specific failure by Landlord under this Agreement No such failure, however, will be deemed to exist if Landlord commenced to cure the default within such period and provided such efforts are prosecuted to completion with reasonable diligence Delay in curing a default will be excused if it is due to causes beyond the reasonable control of Landlord If Landlord remains in default beyond any applicable cure period, Tenant will have the right to exercise any and all rights available to it under law and equity, mcludmg the right to cure Landlord's default and to deduct the costs of such cure from any moneys due to Landlord from Tenant 17. ASSIGNMENT. Tenant may assign, sell or transfer its interest under this Agreement without the approval or consent of Landlord, to the Tenant's principal, affiliates, subsidiaries, subsidiaries of its principal or to any entity which acquires all or substantially all of the Tenant's assets in the market defined by the Federal Communications Commission in which the property is located by reason of a merger, acquisition, or other business reorganization Notwithstanding any such assignment by Tenant, Tenant will remain primarily responsible for performance under this Agreement 18. NOTICES. All notices, requests, demands and communications hereunder will be given by first class certified or registered mail, return receipt requested, or by a recognized overnight courier, postage prepaid, to be effective when properly sent and received, refused or returned undelivered Notice will be addressed to the parties at the addresses set forth below Tenant AT &T Wireless Attu Property Specialist — Property Management Re Cell Site # LSAGCA0086 2729 Prospect Park Drive, Rancho Cordova, CA 95670 )U with a copy to AT &T Wireless Attn Daniel E Smith, Corporate Counsel, Legal Department Re Cell Site # LSAGCA0086 12900 Park Plaza Drive, Cerritos, CA 90703 -8573 Landlord Attn City Manager City of El Segundo 350 Main Street El Segundo, CA 90245 Either party hereto may change the place for the giving of notice to it by thirty (30) days written notice to the other as provided herein 19. SEVERABILITY. If any term or condition of this Agreement is found unenforceable, the remaining terms and conditions will remain binding upon the parties as though said unenforceable provision were not contained herein However, if the invalid, illegal or unenforceable provision materially affects this Agreement then the Agreement may be terminated by either party on ten (10) days prior written notice to the other party hereto 20. CONDEMNATION. In the event Landlord receives notification of any condemnation proceedings affecting the Property, Landlord will provide prompt notice of the proceeding to Tenant If a condemning authority takes all of the Property, or a portion sufficient, in Tenant's sole determination, to render the Prermses unsuitable for Tenant, tlus Agreement will terminate as of the date the title vests in the condemning authority The parties will be entitled to share in the condemnation proceeds in proportion to the values of their respective interests in the Property, which for Tenant will include, where applicable, the value of its Communication Facility, moving expenses, prepaid rent, and business dislocation expenses Tenant will be entitled to reimbursement for any prepaid Rent 21. DAMAGE TO PROPERTY. Landlord will provide prompt notice to Tenant of any damage affecting the Property If any part of the Communication Facility or Property is damaged by fire or other cause so as to render the Premises unsuitable, in Tenant's sole determination, then Tenant may terminate this Agreement by providing written notice to the Landlord, which termination will be effective as of the date of such damage or destruction Upon such temimation, Tenant will be entitled to collect all insurance proceeds payable to Tenant on account thereof and to be reimbursed for any prepaid Rent 22. WAIVER OF LANDLORD'S LIENS. Landlord hereby waives any and all lien rights it may have, statutory or otherwise, concerning the Communication Facility or any portion thereof The Communication Facility shall be deemed personal property for purposes of this Agreement, regardless of whether any portion is deemed real or personal property under applicable law, and Landlord hereby consents to Tenant's right to remove all or any portion of the Conmmmcahon Facility from time to time in Tenant's sole discretion and without Landlord's consent 7 09 23. POSSESSORY INTEREST TAXES. Tenant is informed by Landlord pursuant to Cal Rev & Tax Code § 107 6 that its property interest in the Property may be subject to property taxation if created and that Tenant may be subject to the payment of property taxes levied on its interest Tenant may not deduct such amount from Payments to Landlord 24. MISCELLANEOUS. (a) Amendment, Waiver This Agreement cannot be amended, modified or revised unless done in writing and signed by Landlord's city manager and an authorized agent of the Tenant No provision may be waived except in a writing signed by both parties (b) Short Form Lease Either party will, at any time upon fifteen (15) day's prior written notice from the other, execute, acknowledge and deliver to the other a recordable Memorandum of Lease Either party may record this memorandum at any time, in its absolute discretion (c) Bmd And Benefit The terms and conditions contained in this Agreement will nin with the Property and more to the benefit of the parties, their respective heirs, executors, administrators, successors and assigns (d) Entire Agreement This Agreement and the exhibits attached hereto, all being a part hereof, constitute the entire agreement of the parties hereto and will supersede all prior offers, negotiations and agreements (e) Governing Law This Agreement was drafted in, and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this agreement will be in Los Angeles County (fl Interpretation Unless otherwise specified, the following rules of construction and interpretation apply (i) captions are for convenience and reference only and m no way define or limit the construction of the teens and conditions hereof, (u) use of the term "including" will be interpreted to mean "including but not hunted to ", (iii) whenever a party's consent is required under this Agreement, except as otherwise stated in the Agreement or as same may be duplicative, such consent will not be unreasonably withheld, conditioned or delayed, (iv) exhibits are an integral part of the Agreement and are incorporated by reference into this Agreement, (v) use of the terms "termination" or "expiration" are interchangeable, and (vi) reference to a default will take into consideration any applicable notice, grace and cure periods (g) Estoppel Either party will, at any time upon fifteen (15) days prior written notice from the other, execute, acknowledge and deliver to the other a statement in writing (i) certifying that this Agreement is unmodified and in full force and effect (or, if modified, stating the nature of such modification and certifying this Agreement, as so modified, is in full force and effect) and the date to which the rent and other charges are paid in advance, if any, and (n) acknowledging that there are not, to such party's knowledge, any uncured defaults on the part of the other party hereunder, or specifying such defaults if any are claimed Any such statement maybe conclusively relied upon by any prospective purchaser or encumbrancer of the Premises Failure to deliver such a statement within such tune will be conclusive upon the requesting party that (1) this Agreement is in full force and effect, without modification except as may be properly represented by the requesting party, (u) there are no uncured defaults in either party's performance, and (in) no more than one month's rent has been paid in advance (h) No Option. The submission of this Agreement for examination or consideration does not constitute a reservation of or option for the Premises This Agreement will become effective as an Agreement only upon the legal execution, acknowledgment and delivery hereof by Landlord and Tenant (1) Survival of Terms Sections 9, 11, 13 and 24 0) will survive the termination of this Agreement I00 0) Insurance Before commencing performance under this Agreement, and at all other times this Agreement is effective, Tenant will procure and maintain the following types of insurance with coverage limits complying, at a minimum, with the himts set forth below TyRe of Insurance Liimts (combined single) Commercial general liability $1,000,000 Workers compensation Statutory requirement (a) Commercial general liability insurance will meet or exceed the requirements of ISO -CGL Form No CG 00 01 11 85 or 88 The amount of insurance set forth above will be a combined single ]unit per occurrence for bodily injury, personal injury, and property damage for the policy coverage Liability policies will be endorsed to name Landlord, its officials, and employees as "additional insureds" under said insurance coverage and to state that such insurance will be deemed "primary" such that any other insurance that may be carried by Landlord will be excess thereto Such insurance will be on an `occurrence," not a "clauns made," basis and will not be cancelable or subject to reduction except upon thirty (30) days prior written notice to Landlord (b) Tenant will furnish to Landlord duly authenticated Certificates of Insurance evidcncing maintenance of the insurance required under this Agreement, endorsements as required herem, and such other evidence of insurance as may be reasonably required by Landlord from time to time Insurance must be placed with insurers with a current A M Best Company Rating equivalent to at least a Rating of "A- VII " [SIGNATURES ON NEXT PAGE] 9 1 i, IN WITNESS WHEREOF, the undersigned has caused this Agreement to be executed this day of _, 2002 "LANDLORD" The City of El Segundo, a municipal corporation By Print Name Mary Strenn Its City Manager Date APPROVED AS TO F MARK D HENSI By Karl H Date "TENANT" AB Cellular LA, trC, a Delaware limited liability company, d/b /a AT &T Wireless By LIN Cellular Communications Corporation, a California corporation, its Member By Print Name Its System Development Manager Date By Print Name Its Date 10 1` 4 EXHIBITS A & B DESCRIPTION OF PREMISES Page 1 of 6 to the Agreement dated 2002, by and between the City of El Segundo, a municipal corporation, as Landlord, and AB Cellular LA, LLC, a Delaware limited liability company, d/b /a AT &T Wireless, as Tenant The Premises are described and/or depicted as follows EXHIBIT A (LEGAL DESCRIPTION): The land referred to herem is situated m the State of California, County of Los Angeles, described as follows Lot Four (4) in Block Thirty-four (34) of El Segundo, Sheet No 7 in the City of El Segundo, County of Los Angeles, State of California, as per map recorded in Book 22, pages 64 and 66 of Maps, in the office of the county recorder of said county EXHIBIT B (SITE PLANS): Attachment follows (page 2 through 6) Notes- 1 This Exhibit may be replaced by a land survey of the Premises once it is received by Tenant 2 Any setback of the Premises from the Property's boundaries shall be the distance required by the applicable governmental authorities 3 Width of access road shall be the width required by the applicable governmental authorities, including police and fire departments 4 The type, number and mounting positions and locations of antennas and transmission lines are illustrative only Actual types, numbers and mounting positions may vary from what is shown above EL SEGUNDO CITY COUNCIL MEETING DATE. July 2, 2002 AGENDA ITEM STATEMENT AGENDA HEADING: New Business AGENDA DESCRIPTION Consideration and possible action regarding appropriation of funds to pay for the balance of the 2001 -2002 Amalgamated System Sewage Charges ($651,000) and regarding award of contract to RBF Consulting to provide professional services in the auditing of the Amalgamated System Sewage Charges on a single- source basis (not to exceed $20,000) RECOMMENDED COUNCIL ACTION Recommendation — (1) Approve the appropriation of $651,000 for payment of the balance of the 2001 -2002 Amalgamated System Sewage Charges, (2) Approve the standard consultant agreement, (3) Authorize the City Manager to execute the agreement with RBF Consulting on behalf of the City as a single- source contract, (4) Transfer $20,000 to the Contractual Services account from costs savings in the salaries full time account, (5) Alternatively discuss and take other action related to this item BACKGROUND & DISCUSSION. The City of El Segundo, along with twenty -two (22) agencies, has contracted with the City of Los Angeles to receive wastewater service from the City of Los Angeles Hyperion Treatment Plant In addition to sewer treatment, El Segundo's has a proportionate share of the operation, maintenance and capital costs of 0 331 % (Background & discussion continued on the next page... ATTACHED SUPPORTING DOCUMENTS, FISCAL IMPACT Operating Budget. $ 599,000 Amount Requested, $1,250,000 Account Number. 001 -400- 4301 -6206 Project Phase: Appropriation Required, Yes - $651,000 General Fund DATE- June 25, 2002 Andres Rnntannnrm Director of Public Works COUNCIL JULY 02119Ue11YE835034 00 V m) 22 BACKGROUND & DISCUSSION (continued): Last year, approximately 2 58 million gallons per day of El Segundo waste flow was processed at the Hyperion Plant last year In fiscal year 1999 -2000, the actual cost was $532,916 In fiscal year 2000 -2001, the actual cost was $908,500 due to the City receiving an "adjustment" bill amounting to $297,500 for additional content of sewer flow and capital costs In fiscal year 2001 -2002, based on anticipated flow and waste content, $599,000 was budgeted The actual bill at this time amounts to $1,249,891 Flow and waste content costs appear to be in line with forecasts, capital costs have increased dramatically Staff is recommending that the City Council authorize an appropriation of $651,000 so that sufficient funds are available to pay the bill if it passes audit One of the agreement clauses states that if a member agency does not pay its bill, the other Cities will then pay to make up the deficit As of today, the City of Glendale is contesting the capital costs assigned to it for the construction of two (2) mayor sewer projects that will also serve that City Payments by the City of Glendale are being made to an escrow account until the issue is resolved Once resolved, the funds will be distributed (with interest) among the contract Cities The City of Glendale presently owes $6,262,956 The City of El Segundo's bill reflects an increase of approximately $20,750 due to this issue Based on the current capital charges, the proposed 2002 -2003 budget is $1,925,000 for the Hyperion Plant processing The offsetting sewer revenue projection for next year is $1,236,400 Staff recommends that City Council authorize the City Manager to execute a single- source agreement with RBF Consulting to provide professional services to audit the existing and newly proposed Amalgamated System Sewer Charges The cost of these services will be $20,000 RBF Consulting was the original firm used by the City of El Segundo to provide necessary data for negotiation purposes with the City of Los Angeles 10 COUNCIL uly 02 11 (Tuesday 06 26 02 4 00 , m ) EL SEGUNDO CITY COUNCIL MEETING DATE- July 2, 2002 AGENDA ITEM STATEMENT AGENDA HEADING City Clerk AGENDA DESCRIPTION: Consideration and possible action regarding cancellation of the July 16, 2002 City Council Meeting COUNCIL ACTION, 1) Approve cancellation of the July 16, 2002 City Council Meeting 2) Alternatively, discuss and take other action related to this item BACKGROUND & DISCUSSION. In the past, the City Council has cancelled one meeting in July due to conflicts in schedules It is requested that Council approve the cancellation of the July 16, 2002 regularly scheduled meeting ATTACHED SUPPORTING DOCUMENTS None FISCAL IMPACT. None BY. DATE tesenXit4Cler� June 24, 2002 BY. DATE Mary Strenn, City Manager 166 23 EL SEGUNDO CITY COUNCIL MEETING DATE, July 2, 2002 AGENDA ITEM STATEMENT AGENDA HEADING. Council Report AGENDA DESCRIPTION: Consideration and possible action regarding the Increase in odors from the Hyperion Wastewater Treatment Plant RECOMMENDED COUNCIL ACTION. 1) Receive and file, 2) Alternatively, discuss and take other action related to this Item BACKGROUND & DISCUSSION Mayor Mike Gordon requested this Item be placed on the next agenda During the first six months of this year the number of Hyperion related odor complaints in El Segundo has risen substantially over the amount reported during the same period in 2001 Staff has provided a chart of the complaints that shows the complaint history from January 1994 According to Hyperion, there are a number of factors that may be contributing to this increase and they are in the process of taking several corrective actions. Despite those recent efforts, the City received 23 complaints in June alone ATTACHED SUPPORTING DOCUMENTS- Odor Complaints Chart FISCAL IMPACT: Operating Budget: N/A Amount Requested, N/A Account Number, NIA Project Phase- NIA Appropriation Required: NIA ORIGINATED: DATE June 2b, 2007' James Hansen, Director of Community, Economic and Development Services DATE 6 n, 1 0". 24 BACKGROUND & DISCUSSION (con't). The following is a comparison of odor related complaints for the first half of the 2000, 2001, and 2002 years 2000 2001 2002 January 7 January 3 January 20 February 4 February 2 February 12 March 6 March 15 March 45 April 7 April 6 April 18 May 18 May 3 May 14 June 26 June 6 June 23 68 35 TOTAL 132 TOTAL TOTAL In April 2002 the City of Los Angeles committed to addressing the odor problem by forming a task force of engineers, operators and scientists to combat sources of odors from the Hyperion Treatment Plant (HTP) Our mitigation monitor, Scott Tatalovich from RBF Consulting, has attended and taken part in the Odor Task Force meetings The goals of the Odor Task Force are to 1) Identify the specific sources of odors, 2) Identify ways to rectify the emissions from the odor sources, and 3) Implement odor mitigation measures identified The Odor Task Force has identified over 50 specific sources of odors This information is vital in determining solutions to eliminating the odor problem The City of El Segundo's effort to formally address Hyperion related issues began in March of 1992 The cities of Los Angeles and El Segundo entered into a Stipulation Agreement to settle lawsuits related to the Wastewater Facilities Plan to increase Hyperion's capability in the treatment of wastewater There were several goals of the Stipulation Agreement. One of them established a mechanism by which further disputes could be resolved through the Hyperion Citizens Forum This forum allowed Council Members, citizens, City staff, and Hyperion staff to openly discuss all potential impacts the plant has on the community during the construction and expansion of HTP In the latter part of 2000, HTP's expansion was completed As a fully operational plant, its operations and odor control devices were permitted by the South Coast Air Quality Management District (AQMD) But, since that time the odors from the plant have continued Through the Hyperion Citizens Forum, these issues have been brought forward to the Hyperion staff and discussed each month In August 2001, the number of odor related complaints exceeded 10 per month and this level has continued since In March 2002, the number of odor related complaints hit a high of 45 Ironically, this level of odors coming from the plant coincides with the same level of odors before the expanded plant was permitted by AQMD to be in compliance 1\'Its z V� as 2 L g r I1 (D� Oa r = No V we O W CL = O N O T W O a M N O f.- (D CD H1NOW HO`d3 S1NIVIdWOO d0 N3swnN C l0 O C A W 4 C A C N n q C (0 N O C N Y/ C A C A R �Z 4 0 4 c c m �i c m c c m r c c m Ci c m rn c m �i c O � 0. N d c I c A E 81 E E