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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)
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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,
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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
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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
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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)
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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
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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
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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
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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
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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
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