The URL can be used to link to this page

2002 MAY 07 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, MAY 7, 2002 — 5:00 P.M. Next Resolution #4259 Next Ordinance #1346 5:00 P.M. SESSION CALL TO ORDER ROLL CALL CLOSED SESSION: The City Council may move into a closed session pursuant to applicable law, including the Brown Act (Government Code Section §54960, 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 Glover v city of El Segundo, LASC No YC039465 2 City of El Segundo v Stardust, LASC No YC031364 3 City of El Segundo v South Bay Regional Public Communications Authority, LASC YC040688 6 1 4 City of El Segundo v State Water Resources Control Board, SWR CB /OCC No A- 1448(b) 5 State of California v Robert Costa, et al , SFSC No 324349 CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code §54956 9(b) -3- potential case (no further public statement is required at this time), Initiation of litigation pursuant to Government Code §54956 9(c) -2- matters DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957) — None CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957 6) — None CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956 8) — One (1) Matter 1 Meeting with Real Property Negotiator City Manager Mary Strenn, Real Property located at 121 West Grand Avenue, Parties negotiating with Columbia Development, under negotiation are development options for the real property SPECIAL MATTERS _ None 2 0 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, MAY 7, 2002 — 7:00 P.M. Next Resolution #4259 Next Ordinance #1346 7:00 P.M. SESSION CALL TO ORDER INVOCATION — Chaplain Jim Rozman of the Los Angeles Airforce Base PLEDGE OF ALLEGIANCE — Council Member John Gaines PRESENTATIONS — (a) Proclamation proclaiming the month of May, 2002 as Older Americans Month and honoring Chuck DeDeurwaerder as 2002 El Segundo Senior Citizen of the Year, and inviting the community to the Elderfest Celebration on Saturday, May 11, 2002 from 11 00 A M to 1 30 P M at the Joslyn Center to honor senior citizens who have generously contributed their time and talent to improve the quality of life for all r3 (b) Proclamation proclaiming May 11, 2002 as El Segundo Fire and Police Service Day and inviting the community to participate in the joint Open House on Saturday, May 11, 2002, from 10 30 A M to 2 00 P M at the Fire and Police Stations on Main Street (c) Proclamation proclaiming May 18, 2002 as Volunteer Recognition Day in honor of all City Volunteers, from 11 30 A M to 2 00 P M at Chevron Park 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 (d) Oral presentation by Mr Mike Rotolo, Chairman of the Capital Improvement Program Advisory Committee, regarding the Community Workshop scheduled at 7 00 P M on Wednesday, May 15, 2002 at the Police Department EOC Conference Room (e) Request by St Anthony School for a Tax Exempt Business License Permit and waiver of fees for a one -day food and liquor sale license for a silent auction fundraising event to be held on June 1, 2002, between 6 00 P M and 10 00 P.M. in the St Anthony new parish hall (See Consent Item 5) (f) Request by El Segundo Cub Scout Pack 968C, for City support and waiver of fees, to use Grand Avenue from Arena to Eucalyptus on July 20, 2002 for the annual Cub Scout Soapbox Derby Race from 12 00 Noon to 5 00 P M (See Consent Item 6). (g) Request by J P Sellens, on behalf of the El Segundo Police Officers Association, for Council approval and support, to close off the 100 to 600 blocks of Main Street for the annual Main Street America Car Show to be held on Saturday, August 3, 2002 from 10 00 A M to 4 00 P M (See Consent Item 7) (h) Presentation by Los Angeles World Airports' (LAWA) demonstrating an on -line commercial flight tracking program Recommendation — (1) Receive and file, (2) Alternatively, discuss and take other action related to this item A. PROCEDURAL MOTIONS Consideration of a motion to read all ordinances and resolutions on the Agenda by title only. Recommendation — Approval 4 C 4 B. SPECIAL ORDERS OF BUSINESS C. UNFINISHED BUSINESS D. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS 1. Consideration and possible action regarding placement of a training fence at Constitution Park for the Police Department Personnel Division. Recommendation — (1) Approve the Recreation and Parks Commission recommendation to place a training fence at Constitution Park and direct staff to fabricate the fence per the attached specifications, (2) Alternatively, discuss and take other action related to this item 2. Consideration and possible action regarding applying for Tree City U.S.A. status through the Arbor Day Foundation. Recommendation — (1) Direct staff to complete the application for Tree City U S A status and forward to the Arbor Day Foundation, (2) Alternatively, discuss and take other action related to this item 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 3. Warrant Numbers 2524734 to 2525177 on Register No. 14 in the total amount of $1,444,378.37 and Wire Transfers from 04/6/2002 through 04/26/2002 in the amount of $1,251,214.46. 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. Regular City Council Meeting Minutes of April 16, 2002 and Special City Council Meeting Minutes of April 23, 2002. Recommendation — 5 0 5 5. Consideration and possible action regarding a request by St. Anthony School for a Tax Exempt Business License Permit and waiver of fees for a one -day food and liquor sale license for a silent auction fundraising event to be held on June 1, 2002, between 6:00 P.M. and 10:00 P.M. in the St. Anthony new parish hall. (Fiscal Impact - $88.00). Recommendation — (1) Approve request, provided the event meets all applicable City requirements, (2) Alternatively, discuss and take other action related to this item 6. Consideration and possible action regarding a request by El Segundo Cub Scout Pack 968C, for City support and waiver of fees, to use Grand Avenue from Arena to Eucalyptus on July 20, 2002 for the annual Cub Scout Soapbox Derby Race from 12:00 Noon to 5:00 P.M. (Fiscal Impact - $680.00). Recommendation — (1) Approve request, provided the event meets all applicable City requirements, (2) Alternatively, discuss and take other action related to this item 7. Consideration and possible action regarding a request by J.P. Sellens, on behalf of the El Segundo Police Officers Association, for Council approval and support, to close off the 100 to 600 blocks of Main Street for the annual Main Street America Car Show to be held on Saturday, August 3, 2002 from 10:00 A.M. to 4:00 P.M. (Fiscal Impact - $100.00). Recommendation — (1) Approve request, provided the event meets all applicable City requirements, (2) Alternatively, discuss and take other actions related to this item 8. 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 9. Consideration and possible action regarding adoption of plans and specifications for Recreation Park Electrical Upgrades — Project No. PW 01 -05 — Approved Capital Improvement Program. (Estimated cost - $429,000.00). 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 6 0 6 10. Consideration and possible action regarding award of contract to Green Giant Landscape, Inc., for the construction of mid -block surface drainage improvements /curb replacements at nine (9) locations — Project No. PW 02 -09A — Approved Capital Improvement Program. (Fiscal Impact - $81,950.00) Recommendation — (1) Award contract to the lowest responsible bidder, Green Giant Landscape, Inc , in the amount of $81,950 00, (2) Authorize the City Manager to execute the contract on behalf of the City, (3) Alternatively, discuss and take other action related to this item 11. Consideration and possible action regarding award of contract to FS Construction for the construction of sidewalk /curb ramps along Pine Avenue (east of Sierra Street and west of Maryland Street) and along Center Street (Grand Avenue to Franklin Avenue) — Project No. PW 02 -05 — Approved Capital Improvement Program. (Fiscal Impact - $22,098.00) Recommendation — (1) Award contract to the lowest responsible bidder, FS Construction, in the amount of $22,098 00, (2) Authorize the City Manager to execute the contract on behalf of the City, (3) Alternatively, discuss and take other action related to this item 12. Consideration and possible action regarding award of contract to FS Construction for the construction of forty -four (44) curb ramps and adjacent sidewalk along Mariposa Avenue — Project No. PW 02 -04 — Approved Capital Improvement Program. (Fiscal Impact - $35,254.00). Recommendation — (1) Award contract to the lowest responsible bidder, FS Construction, in the amount of $35,254 00, (2) Authorize the City Manager to execute the contract on behalf of the City, (3) Alternatively, discuss and take other action related to this item 13. Consideration and possible action regarding acceptance of the project for water pump replacement at Storm Water Pump Station No. 17 (1015 East Imperial Avenue) — Project No. PW 01 -07 — Approved Capital Improvement Program. (Contract Cost - $36,189.60). Recommendation — (1) Approve Change Order No 1 in the amount of $2,313 60, (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 7 G 7 14. Consideration and possible action regarding approval of Change Order No. 1 and acceptance of work as complete for the installation of flashing red lights at the Main Street/Pine Avenue intersection — Project No. PW 01 -09 - Approved Capital Improvement Program. (Final Cost Amount - $33,852.49). Recommendation — (1) Approve Change Order No 1 in the amount of $8,652 49, (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, (3) Alternatively, discuss and take other action related to this item 15. Consideration and possible action regarding payment of $77,481.31 to the Grand Corporate Center, Inc., for design costs related to the City — Caltrans Cooperative Project to construct signal and intersection improvements at the Sepulveda Boulevard intersections with El Segundo Boulevard and Grand Avenue. (Fiscal Impact - $77,481.31). Recommendation — (1) Approve payment of $77,481 31 to the Grand Corporate Center, Inc , (2) Alternatively, discuss and take other action related to this item 16. Consideration and possible action for awarding of contract to Denboer Engineering and Construction, Inc., for the rehabilitation of Sanitary Sewer Pump Station No. 4 (1501 East Holly Avenue), Project No. PW 02 -03 - Approved Capital Improvement Program. (Estimated cost - $830,000.00). Recommendation — (1) Award contract to the lowest responsible bidder, Denboer Engineering and Construction, Inc , in the amount of $752,000 00, (2) Authorize the City Manager to execute the contract on behalf of the City, (3) Authorize $78,000 00 for construction management and construction contingencies, (4) Alternatively, discuss and take other action related to this item 17. Consideration and possible action for awarding contract to All American Asphalt for the reconstruction of Duley Road, between Grand Avenue and Mariposa Avenue — Project No. PW 02 -07 — Approved Capital Improvement Program. (Estimated cost - $245,725.00). Recommendation — (1) Approve contract to the lowest responsible bidder, All American Asphalt, (2) Authorize the City Manager to execute the contract on behalf of the City, (3) Authorize $25,000 00 for construction management and construction contingencies, (4) Alternatively, discuss and take other action related to this item C' n 9 18. Consideration and possible action authorizing staff to release payment of $472,648.00 to Southern California Edison (SCE) for work completed related to the Sepulveda Boulevard Widening Project. Recommendation — (1) Authorize staff to issue check for $472,648 00 to Southern California Edison, (2) Alternatively, discuss and take other action related to this item 19. Consideration and possible action regarding approval to sell or dispose of all personal property which has become unsuitable for City use including unclaimed Police property. Recommendation — (1) The City Council declare vehicles, equipment and miscellaneous supplies surplus including unclaimed Police property and authorize the Risk Manager /Purchasing Agent to sell items at auction or for scrap, use a trade -in on new equipment /supplies, or otherwise dispose of at his discretion, subject to Administrative Services Director approval, (2) Alternatively, discuss and take other action related to this item 20. Consideration and possible action regarding approval of Amendment No. 1 to a professional service contract with Rosenow Spevacek Group, Inc. for additional real estate consulting services on an as- needed basis related to the leasing or real property at 121 W. Grand Avenue. The amount to be paid to the Consultant under this amendment would not exceed $10,000.00. The total cost of the revised contract would not exceed $19,995.00. Recommendation — (1) Approve a $10,000 00 Amendment (No 1) to Contract No 2977 with Rosenow Spevacek Group, Inc for real estate consulting services, (2) Alternatively, discuss and take other action related to this item 21 Consideration and possible action regarding approval of the release of the City of El Segundo's portion ($9,509.00) of the Juvenile Accountability Incentive Block Grant (JAIBG) to the Los Angeles County District Attorney's Office. Recommendation — (1) Approve the release of the JAIBG funds and authorize the City Manager to sign the waiver authorizing the Office of Criminal Justice Planning, to transfer award funds, allocated under the JAIBG 2002, to the Los Angeles County District Attorney's Office, (2) Alternatively, discuss and take other action related to this item 9 Q `, 22. Consideration and possible action regarding approval of Memorandum of Understanding between the 61St Security Forces Squadron, 61St Air Base Group, Los Angeles Air Force Base ( LAAFB) and the City of El Segundo in order to establish mutual understandings regarding Security Forces law enforcement activities in the City of El Segundo. Recommendation — (1) Authorize the City Manager to enter into an agreement with the LAAFB using the attached Memorandum of Understanding, (2) Alternatively, discuss and take other action related to this item 23. Consideration and possible action regarding the agreement for the Municipal Area Express (MAX) commuter bus service. Recommendation — (1) Approve the agreement and authorize the City Manager to execute the Agreement on behalf of the City, (2) Alternatively, discuss and take other action related to this item 24. Consideration and possible action regarding agreement with Pyro Spectaculars, Inc. for professional fireworks show services on the 4th of July at Recreation Park. Recommendation — (1) Authorize the City Manager to execute an agreement, approved as to form by the City Attorney on the City's behalf, (3) Alternatively, discuss and take other action related to this item CALL ITEMS FROM CONSENT AGENDA NEW BUSINESS — 25. Consideration and possible action regarding a potential lease between the City of El Segundo and 612 Twin Holdings, LLC (formerly Richmond Grand Associates, LLC) for 100 parking spaces in a new parking facility to be constructed at 121 W. Grand Avenue. The cost includes a one -time lease payment estimated at $1,100,000.00 for the construction of the City's 100 parking spaces plus annual lease payments in the range of $200,000.00 for 34 years. Recommendation — (1) Direct staff to complete a lease with 612 Twin Holdings, LLC for City Council consideration on June 4, 2002, (2) Alternatively, discuss and take other action related to this item 10 �4� 26. Consideration and possible action regarding potential amendments to the Circulation Element of the General Plan. Recommendation — (1) Provide comments and direction to staff on possible scope of work for Circulation Element update process, (2) Alternatively, schedule follow -up meeting to provide direction to staff on possible scope of work for Circulation Element update process F. REPORTS — CITY MANAGER — NONE G. REPORTS — CITY ATTORNEY — NONE H. REPORTS — CITY CLERK — ONE 27. Consideration and possible action on the City Council's ability to establish precincts and polling places for the June 18, 2002 special election; the City Council's ability to establish election procedures for future elections; a report from the City Clerk regarding the recommended precincts and polling locations for the June 18, 2002 special election; vehicle parking in areas adjacent to polling locations; the costs of conducting elections; policies and practices for the mailing of sample ballots prior to the April 9, 2002 General Election. Recommendation — (1) Discuss and take other action related to this item I. REPORTS — CITY TREASURER — NONE J. REPORTS — CITY COUNCIL MEMBERS Council Member McDowell — Council Member Gaines — Council Member Wernick — Mayor Pro Tern Jacobs — Mayor Gordon — 28. Consideration and possible action regarding the assignment of Council Members to various intergovernmental agencies, other local agencies and ad hoc subcommittees. Recommendation — (1) Approve and implement assignments, (2) Alternatively, discuss and take other action related to this item t1 Oil 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 MEMORIALS — City Council adjourns tonight's meeting in memory of Iza Stockdale, a long -time member of our community, who died on April 22, 2002 Iza was an active member of the El Segundo Methodist Church, and throughout the years she had been active in the community, serving the Red Cross, the PTA and the American Field Service Council sends its heartfelt condolences to the family and friends of this fine Lady 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 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 REPORT OF ACTION TAKEN IN CLOSED SESSION (if required) ADJOURNMENT POSTED DATE 5 Q A %Z, TIME -Al. NAME a4�t�-- 12 012 EL SEGUNDO CITY COUNCIL MEETING DATE: May 7, 2002 AGENDA ITEM STATEMENT AGENDA HEADING. Public Communications AGENDA DESCRIPTION: Presentation by Los Angeles World Airports (LAWA) demonstrating an on -line commercial flight tracking program RECOMMENDED COUNCIL ACTION: 1) Receive and file, 2) Alternatively, discuss and take other action related to this item BACKGROUND & DISCUSSION Recently, Los Angeles World Airports Implemented an on -line commercial flight tracking program available to the public through its website The flight tracking program allows individuals to view the flight paths of aircraft landing, departing and flying over LAX Mr Bob Holden, LAWA Environmental Supervisor, will make a brief presentation on the program on May 7 ATTACHED SUPPORTING DOCUMENTS None FISCAL IMPACT None Operating Budget Amount Requested Account Number. Project Phase. Appropriation Required. _Yes _ No S/ Mary St n, City Manager �/L C13 EL SEGUNDO CITY COUNCIL MEETING DATE. May 7, 2002 AGENDA ITEM STATEMENT AGENDA HEADING: Committees, Boards, and Commissions AGENDA DESCRIPTION: Consideration and possible action regarding placement of a training fence at Constitution Park for the Police Department Personnel Division RECOMMENDED COUNCIL ACTION Approve the Recreation and Parks Commission recommendation to place a training fence at Constitution Park and direct staff to fabricate the fence per the attached specifications, 2 ) Alternatively, discuss and take other action related to this item BACKGROUND & DISCUSSION: Sgt Scott Doukakis with the Police Department's Personnel Division requested assistance in developing a physical abilities testing area for El Segundo police officer candidates within our city Currently, the Personnel Division must travel to Orange County to administer the testing process at the Orange County Sheriffs academy Staff has determined that by fabricating a training fence at Constitution Park, we would be able to accommodate the Personnel Division's testing needs within our city boundaries This would alleviate the need for officers to travel to Orange County for testing Also, the community could observe the candidates in action going through the various stations necessary to complete their physical ability requirements The Recreation and Parks Commission considered this request at their March meeting and voted unanimously to approve this request and forward it to Council for action The Police Department has adequate funding to fabricate and place the fence with assistance from the Parks Division The cost estimate for materials is $500 ATTACHED SUPPORTING DOCUMENTS: Specifications for the training fence FISCAL IMPACT- Operating Budget: Amount Requested, Account Number- 109400- 3105 -8103 Project Phase: Appropriation Required: _Yes x No QRIC�NA E Greg �oh s n, Recreation and Parks Director DA Mary�Manager V1L r F+Lyr 1� 1 C] Y • • H Y w:°3a e•a 17 OF ,N00 se. . • Ole 1C. 1 ILIG -L09 (OIE) 0 w r :� &vv r i r aC « 2 �1 4 4 be -I z u =a ft 1•w�j� �e. ro �o p v a W 13 • warn roar �acu� dar•�* r •• ice: ui d� Y1 i ».. a•irY O Y r r • :� &vv r i r aC « 2 �1 4 4 be -I z u =a ft 1•w�j� �e. ro �o p v a W 13 G A G C3 E 0 V 015 ! $ f = o warn roar �acu� dar•�* G A G C3 E 0 V 015 rt 3 "I li M N 3.: • O sj ,�: aj r r 'q i► `I� Jvo vs 'g% v P 70 n Z -d TLT6 -L08 (019) %Rem Ater 4 *T40 It �i w r 'n as i�nNr N� b O O 016 d9E%ZT 20 80 .idy EL SEGUNDO CITY COUNCIL MEETING DATE' May 7, 2002 AGENDA ITEM STATEMENT AGENDA HEADING: Committees, Boards, and Commissions AGENDA DESCRIPTION: Consideration and possible action regarding applying for TREE CITY USA status through the Arbor Day Foundation RECOMMENDED COUNCIL ACTION' (1) Direct staff to complete the application for TREE CITY USA status and forward to the Arbor Day Foundation, (2) Alternatively, discuss and take other action related to this Item BACKGROUND & DISCUSSION The City Council requested staff investigate the procedure for becoming a TREE CITY USA community through the National Arbor Day Foundation Thousands of towns and cities across America are achieving public attention and national recognition for their community forestry programs by becoming TREE CITY USAs This program provides a framework for communities large and small to develop a forestry program to plant and care for street and park trees The program is designed to recognize those communities that effectively manage their public tree resources, and to encourage implementation of community tree management based on four TREE CITY USA standards which include 1 ) A Tree Board or Department, 2 ) A Community Tree Ordinance, 3) A Community Forestry Program with an annual Budget of at least $2 per capita, and, 4 ) An Arbor Day Observance and Proclamation TREE CITY USA recognition can make a strong contribution to our community's pride, and it will put us in touch with other communities and resources which can help us Improve our program There may be some nominal charges for promotional items like signs ($60 each, flags $30 each), etc if we decide to purchase these materials The application has been obtained, and the process was reviewed by the Recreation and Parks Commission at their April meeting. The Commission recommended that the City apply for this designation Tree Musketeers Is supportive of this application process, and will assist staff with completion of the application and ensuring that the City meets the criteria for TREE CITY USA status With Council concurrence, staff will forward the application to the State of California Forester and keep the Council informed of the status of the request ATTACHED SUPPORTING DOCUMENTS: TREE CITY USA application FISCAL IMPACT' Operating Budget. Amount Requested: Account Number- Project Phase. Appropriation Required, _Yes x No Recreation and Parks Director (, 1 7 2 T--2= CM`Y USA AppHcation Oka" &&at a mfurmrtionin As te"a+voe H'kM— hfaaarereanriy eibMu tinm Deambsr fi. g the "tender year. c7�aa rrEtb yanr state fbrea�tar.) I bsaaith ,seas apNoa+ion tk tbit oomcmuattf to be oMO& y MPPIeed and dedtamfed a It I!f" MY U" tar , lom� aahimrad thaatmdarde mot forth by The xattan.t Arbar Day Foo*d&Um a noud below, b"O INNIONOW433 > �� Iiet�p otaedabi4fiemmi a�tbeard, beard mwbert, and eteetini data for the past y..r: or name of afb^ de{atrmsamt and ampww- t�triaQatad� A TWO09ihum" /tmrdeaefit A Paopaw wipe a Aaead Ntui pd of at Limited; Of Per Cgdf+ TOWoaot01SUMtYfwrttt TdIXIMMOVtutw ......................_..........._............._........... ..,.,.......................... i #�il(t�� wi6►�...�.....»�'•1�... ............ crY�• Biaedard 4 An Arbor Dipr Obanamae and Predmm4im Daloobeet'vena wet held iYb�t gd�'iur ai"iei9►GleaandiotettiM ae�ylra'di}: Aib>b5`+�tbdet� �r New °fittef �a CIVI u tup p'banta. N a p6 LL O W <FQ Z O pLL m z m m n WO )o N F u3 N m p�p� 4 1� mOm N m ry o O m r m m pN� f N z uw LL rc N O z ZQU a ry w LL H 6 W W H ❑ > H Z W N W o LL U H 6 2 ❑ E Z O O ¢ 33 z z O z m LL U i O z a 0 0 2 u r m Y w z > w U O F w B u z z I- m i❑ LL x(pJ rc s o U u~z7 w U 0 w h LL rc LL u'. U� m m N~ iA w F J i U p N J J W K o Y w�� z W W u z LL y O LL LL y W K J Z �yyN FWLLW J J m ° n z °g - o¢ z o i a=x Q a r$^�- '21 RAehme3 - °0 22 N 5 U 5 O m LL y`o b 0 5 A N i v 8 A N c w o ¢ w o ZZO ONE UOOO LL OZ rz �J O s 04 0 N Y W_ O O O 0 `o 5 F U a ttq 0 W ¢ ❑ ti OU a `n m E s 0" a� 0 s'o v o m < rn� E aU " K 3 0 0 LL v 0 E W a N W F 2 W \ _n Z m U " o m U O 5 8 = E E m � q � q U $ a w E N c m m � m a$ c M. a m ` m g oo �NwE s> m 4 ¢ n m A " m Ey=a_ �mrnm m � C LL O w w ¢ m 2 ❑ p 1 -, 3 CITY OF EL SEGUNDO PAYMENTS BY WIRE TRANSFER 0416/2002 THROUGH 04/2612002 Date 4/10/02 4/10/02 4/11/02 4/11/02 4/12/02 4/12/02 4/17/02 4/18/02 4/18/02 4/25/02 4/25/02 4/6- 4/26/02 Payee Amount West Basin Health Comp Employment Development IRS Union Bank Park Vista Health Comp Federal Reserve Federal Reserve Employment Development IRS Workers Comp Activity DATE OF RATIFICATION: 05/7/02 TOTAL PAYMENTS BY WIRE: Certified as to the accuracy of the wire transfers by 678,957 36 3,29247 40,657 49 199,776 30 32,307 77 2,661 89 2,04762 20000 50000 31,36644 167,941 96 91,505 16 1,251,214 46 O�l Date 61d Z- ate y/ Date Description H2O payment Weekly claims 4/5 State Taxes PR 21 Federal Taxes PR 21 PGC -El Segundo, LLC payroll 4th Qtr interest Weekly claims 4/12 Employee Savings Bonds EE Employee Savings Bonds I State Taxes PR 22 Federal Taxes PR 22 SCRMA checks issued Information on actual expenditures is available in the City Treasurer's Office of the City of El Segundo 1,251,214.46 0210 MINUTES OF THE REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, APRIL 16, 2002 — 5:00 P.M. 5:00 P.M. SESSION CALL TO ORDER — Council Member Wernick at 5 00 p m ROLL CALL Mayor Gordon Present arrived at 6 00 P M Mayor ProTem Jacobs Present arrived at 6 00 P M 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, gt seg ) for the purposes of conferring with the City's Real Property Negotiator, and/or conferring with the City Attorney on potential and /or existing litigation, and /or discussing matters covered under Government Code Section §54957 (Personnel), and /or conferring with the City's Labor Negotiators, as follows CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Gov't Code §54956 9(a)) 1 Citizen Against Gridlock in El Segundo and Kilroy Realty Corporation v City of El Segundo Los Angeles Superior Court Case No BC267404 2 Glover v City of El Segundo, LASC No YC039465 3 City of El Segundo v Stardust, LASC No YC031364 4 City of El Segundo v South Bay Regional Public Communications Authority, LASC No YC 040688 5 City of El Segundo v State Water Resources Control Board, SWR CB /OCC No A- 1448(B) CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code §54956 9(b) -2• potential case (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) — None CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956 8) — One Meeting with Real Property Negotiator City Manager Mary Strenn; Real Property located at 121 West Grand Avenue, Parties negotiating with Columbia Development, under negotiation are development options for the real property SPECIAL MATTERS — None MINUTES OF THE REGULAR CITY COUNCIL MEETING APRIL 16, 2002 PAGE NO 1 " 4 MINUTES OF THE REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, APRIL 16, 2002 — 7:00 P.M. 7:00 P.M. SESSION CALL TO ORDER — Mayor Gordon at 7 00 p m. INVOCATION — Pastor Julie Elkins of the United Methodist Church of El Segundo PLEDGE OF ALLEGIANCE — Council Member Kelly McDowell PRESENTATIONS — ROLL CALL Mayor Gordon Present Mayor ProTem Jacobs Present Council Member Gaines Present Council Member McDowell Present Council Member Wernlck 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 Council Policy directed that anything on the Agenda would be addressed at the first Public Communications and other items of Council interest would be addressed in the second Public Communications, Elyse Rothstein, Rotary Club, announced the installation of peep holes, at no charge, to the senior and handicapped persons Emma Duncan, resident, addressed Item 4 on the agenda regarding the EIR for the Air Force base Brain Crowley, resident, addressed item 4 on the agenda Kathy Wiley, Representing the El Segundo School Board, invited the Council and the public to the rededication of the High School Conrad Walton, resident, spoke regarding the parking situtation addressed In Item 3 A. PROCEDURAL MOTIONS Consideration of a motion to read all ordinances and resolutions on the Agenda by title only MINUTES OF THE REGULAR CITY COUNCIL MEETING APRIL 16, 2002 PAGE NO 2 E 7 vu MOVED by Council Member McDowell, SECONDED by Mayor ProTem Jacobs, 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 Election of Mayor and Mayor Pro Tern by seated Council Members MOVED by Council Member McDowell, SECONDED by Council Member Gaines to continue this item to April 23, 2002 special meeting MOTION PASSED BY UNANIMOUS VOICE VOTE. 510 C. UNFINISHED BUSINESS 2 Consideration and possible action regarding approval of conceptual design for the Downtown Specific Plan — (No Fiscal Impact). MAYOR PRO TEM JACOBS NOT PARTICIPATING DUE TO A POTENTIAL CONFLICT Council consensus to extend the public review period to 60 days Tree subcommittee to meet and make recommendations to Council Schedule to be brought back for the second meeting in June. Mr, Bron Ruf, Lawrence R Moss and Associates, gave a presentation The market and proposed parking structure to be agendized for the next meeting. Consideration and possible action regarding approval of a resolution of the City Council of the City of El Segundo amending Resolution No 4162 to provide for street sweeping on Grand Avenue (between Eucalyptus Drive and Concord Street) and on Richmond Street (between Grand Avenue and Holly Avenue), as well as to allow parking on the east side of Concord Street (between El Segundo Boulevard and Grand Avenue) MAYOR PRO TEM JACOBS NOT PARTICIPATING DUE TO A POTENTIAL CONFLICT MOVED by Council Member McDowell, SECONDED by Council Member Gaines to adopt Resolution No 4256 amending Resolution No. 4162 regarding daily street sweeping on Grand Avenue and Richmond Street, (between Eucalyptus Drive and Concord Street) and on Richmond Street (between Grand Avenue and Holly Avenue), as well as to allow parking on the east side of Concord Street (between El Segundo Boulevard and Grand Avenue) MOTION PASSED BY UNANIMOUS VOICE VOTE 410. MAYOR PRO TEM JACOBS NOT PARTICIPATING DUE TO A POTENTIAL CONFLICT MINUTES OF THE REGULAR CITY COUNCIL MEETING APRIL 16, 2002 PAGE NO 3 C 2 3 4. Consideration and possible action regarding approval of a contract 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) Total cost not to exceed $334,750 00 Council Member Wemick not participating due to a possible conflict of Interest MOVED by Council Member McDowell, SECONDED by Council Member Gaines, to approve Contract No. 2992 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) Total cost not to exceed $334,750 00. Authorize the City Manager to execute in a form to be approved by the City Attorney Authorize the re- allocation of Planning Division funds for LAAFP project costs and /or contingency not to exceed $84,750 00 This item is contingent on developer being responsible for reimbursing the City for costs to prepare the Specific Plan and environmental documents MOTION PASSED BY THE FOLLOWING VOICE VOTE. AYES: GORDON, JACOBS, MCDOWELL AND GAINES. NOES: NONE. NOT - PARTICIPATING: WERNICK 4/0/1 D. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS E. CONSENT AGENDA All items listed are to be adopted by one motion without discussion and passed unanimously If a call for discussion of an item is made, the item(s) will be considered individually under the next heading of business 5 Approved Warrant Numbers 2524344 to 2524733 on Register No 13 in the total amount of $1,139,495 62 and Wire Transfers from 03/23/2002 through 04/05/2002 in the amount of $256,192 91 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 6 Approved City Council Meeting Minutes of April 2, 2002 7 PULLED DUE TO A POTENTIAL CONFLICT BY MAYOR GORDON 8 Approved the purchase of a Hewlett Packard 5000 42" wide color plotter for City -wide GIS use from DAV -TECH (Fiscal Impact $11,450.00) and approved the transfer of $11,450 00 to the Capital Outlay account from cost savings in the GIS Professional and Technical Services contract to cover the cost of the plotter 9 PULLED FOR DISCUSSION BY COUNCIL MEMBER WERNICK 10 Authorized staff to solicit proposals from qualified firms to provide water - billing services and customer service (Total estimated yearly cost $60,000 00) 11 Approved Resolution No 4257 of the City Council of the City of EI Segundo amending Resolution No 4162 to provide for 4 -way stop signs at the Holly Avenue — Loma Vista Street intersection MINUTES OF THE REGULAR CITY COUNCIL MEETING APRIL 16, 2002 PAGE NO 4 � 4 'i 12 Awarded Contract No 2994 to Dewey Pest Control for the Fumigation of Government Buildings — Project No. PW 01 -24 — Approved Facilities Maintenance Operating Budget (Fiscal Impact $35,320 00), authorized the City Manager to execute the contract on behalf of the City, authorized $3,800 00 for construction management and construction contingencies. 13 Awarded Contract No 2995 to Kenny Industrial Service, LLC, for the lining of sanitary sewer access structures at various locations — Project No, PW 02 -01 — Approved Capital Improvement Program (Contract Amount $45,750 00) and authorized the City Manager to execute the contract on behalf of the City 14 Accepted the work as complete on Replacement and Upgrade of Maintenance Facility Generator (150 Illinois Street) — Project No PW 01 -11 — Approved Capital Improvement Program (Contract Amount $66,029 00) and authorized the City Clerk to file the City Engineer's Notice of Completion in the County Recorder's Office 15 Awarded Contract No 2996 to Roo Jon Painting Company, for the painting of the Maintenance Facility (150 Illinois Street) — Project No PW 02 -08 — Approved Maintenance Facility Fund Budget and authorized the City Manager to execute the contract on behalf of the City 16 Awarded Contract No 2997 to Cedro Construction for construction of Mariposa Avenue storm drain (700 block of West Mariposa Avenue) — Project No PW 02 -02 — Approved Capital Improvement Program (Fiscal Impact $114,954 00) and authorized the City Manager to execute on behalf of the City 17 Approved the purchase of the upgrade for the existing Archibus /FM software, a Facilities Management Program, and for the execution of a Professional Services Agreement No 2998 to provide training, technical support and miscellaneous consulting services from Asbuilt Information Systems, LLC. (Fiscal Impact $15,800.00). Authorized the City Manager to execute the Agreement on behalf of the City for an amount not to exceed $15,80000 18. Adopted plans and specifications for the Acacia Park (600 block West Acacia Avenue) irrigation system replacement — Project No. PW 02 -13 — Approved Capital Improvement Program (estimated cost $35,500 00) and authorized staff to advertise the project for receipt of construction bids 19 Authorized plans and specifications and authorized staff to solicit proposals from qualified firms for the construction of the Freedom Park Memorial (estimated cost $30,00000) 20 Approved Contract No 2999 with Gary V Bufkin Computer Consulting (GVBCC) to develop and implement a custom automated permit tracking system for Community, Economic and Development Services Department Total cost not to exceed $38,500 00. Authorized the City Manager to execute the contract in a form to be approved by the City Attorney MINUTES OF THE REGULAR CITY COUNCIL MEETING APRIL 16, 2002 PAGE NO 5 ( c 5 21 Authorized Issuance of purchase orders to Westchester Medical Group In the amount of $15,000 for fitness- for -duty and executive physical fitness exams and to Concentra Medical Centers in the amount of $10,000 for pre - employment medical evaluations and worker's compensation injury and illness treatment MOVED by Council Member McDowell, SECONDED by Council Member Gaines to approve consent agenda items 5, 6, 8, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20 and 21 MOTION PASSED BY UNANIMOUS VOICE VOTE. 510 CALL ITEMS FROM CONSENT AGENDA 7 Consideration and possible action to authorize staff to request Caltrans to eliminate existing street parking on the west side of Sepulveda Boulevard, between Holly Avenue and Palm Avenue MOVED by Council Member Gaines, SECONDED by Mayor ProTem Jacobs to authorize staff to request Caltrans to eliminate existing street parking on the west side of Sepulveda Boulevard, between Holly Avenue and Palm Avenue MOTION PASSED BY UNANIMOUS VOICE VOTE. AYES: JACOBS, GAINES, MCDOWELL. NOES: WERNICK. 3/1 MAYOR GORDON NOT PARTICIPATING DUE TO A POTENTIAL CONFLICT Authorize the Director of Administrative Services to release Public Works deposit checks early upon satisfactory completion of the work. (No Fiscal Impact). MOVED by Council Member Wernick, SECONDED by Mayor ProTem Jacobs to authorize the Director of Administrative Services to release Public Works deposit checks early upon satisfactory completion of the work (No Fiscal Impact) MOTION PASSED BY UNANIMOUS VOICE VOTE 510 NEW BUSINESS — 22 Consideration and possible action regarding approval of conceptual design for the Imperial Avenue Vista Upgrade (Imperial Avenue and Sheldon Street) — Project No PW 01 -18 — Approved Capital Improvement Program Andy Santamana, Director of Public Works, gave a report Council consensus to re- agendize this item for the first meeting In May Public input is recommended F. REPORTS — CITY MANAGER — NONE G. REPORTS — CITY ATTORNEY — NONE H. REPORTS — CITY CLERK — Reported on the General Municipal election and the waiting time at polling places Agendize for the next meeting, a discussion on locations and number of polling places. MINUTES OF THE REGULAR CITY COUNCIL MEETING APRIL 16, 2002 PAGE NO 6 .. i V I. REPORTS — CITY TREASURER — NONE J. REPORTS — CITY COUNCIL MEMBERS Council Member McDowell — Spoke on his first term in office and thanked staff for working with him. Council Member Gaines — Spoke on his first term in office and thanked staff for working with him. He also reported on airport issues Council Member Wernick — Reported on the Hyperion Committee luncheon, and the LAX meetings Mayor Pro Tem Jacobs — Reported on the meeting with Hyperion regarding the mosquitoes along the bluff Mayor Gordon — Spoke regarding airport issues, his visit to Washington and meetings with officials PUBLIC COMMUNICATIONS — (Related to City Business Only — 5 minute limit per person, 30 minute limit total) individuals who have received value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so identify themselves prior to addressing the City Council Failure to do so shall be a misdemeanor and punishable by a fine of $250 While all comments are welcome, the Brown Act does not allow Council to take action on any item not on the agenda The Council will respond to comments after Public Communications is closed Peggy Tyrell, resident, commented on the election She also read a letter from Jane Gordon Turino Michael Brunfield, Eagle Scout, spoke regarding his project along Imperial Highway He further stated that he still needed 9 more trees and volunteers for planting Tom Lindsey, resident, spoke regarding the proposed clubhouse at the Park He requested Council revisit the layout Brian Crowley, resident, spoke on the election and requested more polling places, He also spoke on the downtown landscaping and the Alameda Corridor opening Kitty Crowley, resident, spoke regarding the Playa Vista project William Wenger, resident, congratulated Kelly and John on their re- election He also spoke regarding polling places A resident spoke regarding the Police Department and legal difficulties MEMORIALS — Richard Fisher and Ben Pichard MINUTES OF THE REGULAR CITY COUNCIL MEETING APRIL 16, 2002 PAGE NO 7 r G 7 CLOSED SESSION - NONE ADJOURNMENT - at 9 10 p M. Cindy Mortesen, City Clerk MINUTES OF THE REGULAR CITY COUNCIL MEETING APRIL 16, 2002 PAGE NO 8 C L MINUTES OF THE SPECIAL MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, APRIL 23, 2002 - 7:00 p.m. CALL TO ORDER — Mayor Gordon at 7,00 p m INVOCATION - Father Alexei Smith of Saint Andrew Russian Greek Catholic Church PRESENTATIONS — Council Members McDowell and Gaines recognized the following Election Poll workers and Election night workers for their valuable services rendered to The City of El Segundo during the April 2002 Municipal Election Colleen Ramsey Mary Shah Kay Miller Bernice Whitcomb Harry Whitcomb Lora Beth Vian Betty Combs Carlotta Guy Blanche Heitkamp Barbara Pinchuck Mona Tobiason Margie Randall Ann Garvey - Zaworski Lee Ostendorf Cheryl Howell Patti Kight Lisa Wood Carl Jacobson George Bardwil Jack Schott PLEDGE OF ALLEGIANCE — Mayor Pro Tern Jacobs ROLL CALL Mayor Gordon Present Mayor ProTem Jacobs Present Council Member Gaines Present Council Member McDowell Present Council Member Wernick Absent PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit per person, 30 minute limit total) Individuals who have received value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so identify themselves prior to addressing the City Council Failure to do so shall be a misdemeanor and punishable by a fine of $250 SPECIAL ORDERS OF BUSINESS - Consideration and possible action regarding the adoption of a resolution reciting the fact of the General Municipal Election held on April 9, 2002, declaring the results Clerk Mortesen gave a report. Assistant City Attorney Karl Berger read by title only MINUTES OF THE REGULAR CITY COUNCIL MEETING APRIL 23, 2002 `, ') (� PAGE NO 1 RESOLUTION NO. 4258 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, APPROVING INSTALLATION OF NEWLY ELECTED OFFICERS. MOVED by Council Member Gaines, SECONDED by Mayor Pro Tern Jacobs to adopt Resolution No 4258, approving the Installation of Newly Elected Officers. MOTION PASSED BY UNANIMOUS VOICE VOTE. 410. COUNCIL MEMBER WERNICK ABSENT Administering the Oath of office to the new Council Members a Presentation of Certificates of Election b Swearing in of new Council Members C Comments from Council Clerk Mortesen administered the Oath of Office to Council Members Gaines and McDowell 3 Election of Mayor and Mayor ProTem by seated Council Members a By Motion, elect Mayor b By Motion, elect Mayor ProTem Clerk Mortesen opened the floor to nominations for Mayor. MOVED by Council Member McDowell to nominate Council Member Mike Gordon for Mayor Seeing no other nominations, MOTION PASSED BY UNANIMOUS VOICE VOTE. 4/0 COUNCIL MEMBER WERNICK ABSENT Council Member Gordon assumed the position of Mayor Mayor Gordon opened the floor to nominations for Mayor ProTem MOVED by Council Member Gaines to nominate Council Member Sandra Jacobs for Mayor ProTem Seeing no other nominations, MOTION PASSED BY UNANIMOUS VOICE VOTE. 410 COUNCIL MEMBER WERNICK ABSENT ADJOURNMENT at 7 35 p m Cathy Domann, Deputy City Clerk MINUTES OF THE REGULAR CITY COUNCIL MEETING APRIL 23, 2002 PAGE NO 2 �0 EL SEGUNDO CITY COUNCIL MEETING DATE- May 7, 2002 AGENDA ITEM STATEMENT AGENDA HEADING Consent AGENDA DESCRIPTION. Consideration and possible action regarding a request by St. Anthony School for a Tax Exempt Business License Permit and waiver of fees for a one -day food and liquor sale license for a silent auction fundraising event to be held on June 1, 2002, between 6 00 P M and 10 00 P M at the St Anthony new parish hall (Fiscal Impact - $88 00) RECOMMENDED COUNCIL ACTION (1) Approve request, provided the event meets all applicable City requirements, (2) Alternatively, discuss and take other action related to this item BACKGROUND & DISCUSSION St Anthony School is planning a silent auction fundraiser and social event on June 1, 2002 at their new parish hall, from 6 00 P M to 10 00 P M The auction will feature the unique offerings from the local community and the social will feature wine and cheese sponsored by Chef Hannes of El Segundo and by Beringer Wines Guests will be treated to appetizers and wine tasting, and will have the option of purchasing additional bottles of wine for their own use In addition, wine and beer will be sold by the glass to be consumed by the guests St Anthony School will obtain the appropriate liability insurance as required by the City This event is open to everyone and the anticipated attendance is approximately 300 people All funds raised at the social and auction will be devoted entirely to the school's academic programs, materials, and facility improvements ATTACHED SUPPORTING DOCUMENTS Letter from Edward Grant, Fundraising Committee, St Anthony School, dated April 17, 2002 License Nos 9142025 and 9142437 issued by the Dept of Alcoholic Beverage Control FISCAL IMPACT $88 00 Operating Budget Amount Requested. Account Number: Project Phase Appropriation Required —Yes x No ORIGINATED BY, i DATE: April 25, 2002 ay, Executive Assistant REV BY DATE April 25, 2002 Mary Are City Manager -'13,1,z_ 31 5 ST. ANTHONY SCHOOL 233 LOMITA STREET' EL SEGUNDO, CA 90245 • (310) 322 -4218 • FAx (310) 322 -2659 April 17, 2002 To: Members of El Segundo City Counsel From St Anthony School Silent Auction and Social fund raising committee Sub- Request for a One -Day Food And Liquor Sale License Dear Mayor Gordon and members of the counsel, St. Anthony school, El Segundo, is organizing a silent auction fundraiser and social, which is to take place on June Ol, 2002 Our goal is to display as the centerpiece of our event unique offerings from the local community for viewing and bidding by guests attendmg the auction. A mayor focal point of our program will be a wine and cheese social sponsored by Chef Hannes of El Segundo, and by Beringer Wines Guests of our event will be treated to appetizers and wine tasting, and will have the option of purchasing additional bottles of wine for their own use In addition, we would like to sell wine and beer by the glass to be consumed by our guests, while in attendance at the social Therefore, we seek the counsel's approval for a one -day food and liquor sale license to be exercised on the day of the event This event is to take place on June 01, 2002, between 6:OOpm and 10.00pm in the St Anthony New Parish Hall . It is open to everyone, and we anticipate an attendance of approximately 300 people. Fund raising for our school is a constant endeavor necessary for maintaining quality educational programs for our students. All funds raised at the social and auction will be devoted entirely to the school for academic programs, school materials, and facility improvements Counsel approval of our request for a one -day food and liquor sale license is imperative to the success of this fundraising program, and will be very beneficial to our school Should you have any questions or comments please feel free to contact me personally, or call the St Anthony school office Thank you for your consideration and support Sincerely, Edward Grant 310 - 410 -2993 edstergrant @yahoo com Fundraising Committee C32 State of California ABC -281 10/99 Department of Alcoholic Beverage Control License Type: 37 DAILY ON -SALE GENERAL License Nontransferable LICENSE NO 9142025 Receipt No 1370260 Fee Paid $2500 APPLICATION: Geographical Code Pursuant to the authority granted by the organization named below, the undersigned hereby applies for the above designated license(s) for the location also described below ORGANIZATION: ST ANTHONY SCHOOL PARENT TEACHER ORGANIZATION LOCATION ADDRESS 233 LOMITA ST EL SEGUNDO, CA 90245 TYPE OF EVENT SOCIAL GATHERING HRS /DATES DURING WHICH ALCOHOL WILL BE SOLD 6PM - IOPM, NN 1, 2002 ESTIMATED ATTENDANCE. 300 AUTHORIZED REPRESENTATIVE / ADDRESS EDWARD GRANT u 233 LOMITA ST EL SEGUNDO CA 90245 (310)322 -4218 LICENSE: The above -named organization is hereby licensed, pursuant to Section 24045.1 of the Business and Professions Code and Rule 59 5 of the Califorrua Code of Regulations, to engage in the temporary sale of alcoholic beverages for consumption at the above -named location for the period authorized below This license does not include off -sale ( "to -go ") privileges This license may be revoked summarily by the Department if, in the opinion of the Department and/or the local law enforcement agency, it is necessary to protect the safety, welfare, health, peace and morals of the people of the State. Good for 1 day(s). Date Issued April 23 2002. Director o By Beverage Control 033 State of California ABC -281 10199 Department of Alcoholic Beverage Control License Type: 31 SPECIAL. DAILY, BEER OR D/S TASTING License Nontransferable Under Section 24945.4 of the Business & Professions Code License Description Special Temporary Off -Sale General Auction (non- profit emporation) LICENSE NO 9142437 Receipt No 1371256 Fee Paid $10000 APPLICATION: Geographical Code Pursuant to the authority granted by the organization named below, the undetsigned hereby applies for the above designated license(s) for the location also described below ORGANIZATION• ST ANTHONY SCHOOI PARENT TFACHER ORGANIZATION LOCATION ADDRESS 233 LOMITA ST EL SEGUNDO, CA 90245 TYPE OF EVENT AUCTION HRS/DATES DURING WHICH ALCOHOL. WILL BE SOLD 6PM TO IOPM, 06 /01/02 ESTIMATED ATTENDANCE 300 EDWARD GRANT 233 LOMITA ST EL SEGUNDO CA 90245 (310) 322 -4218 LICENSE: C The above -named organization is hereby licensed, pursuant to the Business and Professions Code Section 23357 3, 23357 4, 23363 1, 23363 2, or 2404.12 through 24045 15, to engage in the temporary sale of alcoholic beverages at the above -named location for the penod authorized below This license, if issued under Sections 24045 2 through 24045 15, may, pursuant to the Rule 59, California Code of Regulations, be revoked summarily by the Department if, in the opinion of the Department and/or the local law enforcement agency, it is necessary to protect the safety, welfare, health, peace and morals of the people of the State Good for 1 day(s) Date Issued April 30 2002. Director of Alcoholic Lo 17 3 .1 City of ECSegundo fe 3509.fain Street, 'EfSegundo, Cahf nua 90245.3895 (310)524-2327 (310)524 -2328 Fax (310) 640 -0489 BUSINESS LICENSE TAX EXEMPTION APPLICATION PLEASE TYPE OR PRINT CLEARLY Date CO ALR 01 I am requesting exemption from paying El Segundo Business License Tax and, in support of this action, r present the following information 1. Applicant's ME 2. Applicant's Address .Z3Z zv"t7,4 ` CG 5& -OAJDO C4 9iLWf 3. Applicant is ❑ Charitable Organization Religious Institution Other A Corporation organized and existing under the Laws of the State of ❑ An Association, Society, or Trust organized and existing under the Laws of the State of 4. Statement of facts under which this exemption is claimed 5. Location of Business /Activity for which exemption Is required 57 A.vjpoyy !PIWNi} ))Ai t_ NOTE: CHARITABLE ORAGANIZATIONS MUST COMPLETE THE FOLLOWING IN SUPPORT OF THEIR EXEMPTION CLAIM 6. Date(s) Business /Activity will be conducted 01 SVr.I 03- 7 Proceeds from this Business /Activity will be used for the following purpose ST AA)'ri+o+Jy/ Sz "Lo AG4Je'mic iwt-T 1px- AND Ca4CILiYH 1M&Al2VC eyTC 8. A true and correct copy of the following is attached ❑ Articles of Incorporation ❑ Declaration of Trust ❑ Agreement under which organization is operated ❑ Copies of Bylaws and Regulations concerning conduct of the organization I certify under penalty of pei]ury that the foregoing is true and correct Signature _ M1W 2 Print Name M1c S ('r J c Address L33 L13Men4 Telephone .?w z�2 vziR APPROVAL: A Tax Exempt Busmes License Permit may be issued By Date Re, 9/00 011") EL SEGUNDO CITY COUNCIL MEETING DATE May 7, 2002 AGENDA ITEM STATEMENT AGENDA HEADING Consent AGENDA DESCRIPTION Consideration and possible action regarding a request by EI Segundo Cub Scout Pack 968C, for City support and waiver of fees, to use Grand Avenue from Arena to Eucalyptus on July 20, 2002 for the annual Cub Scout Soapbox Derby Race from 12 00 Noon to 5 00 P M (Fiscal Impact - $680 00) RECOMMENDED COUNCIL ACTION* (1) Approve request, provided the event meets all applicable City requirements, (2) Alternatively, discuss and take other action related to this item BACKGROUND & DISCUSSION, For several years, the El Segundo Cub Scout Pack 968C, in conjunction with Pacifica District BSA, have held a soapbox derby in the City The route, the same as last year, requires the closure of Grand Avenue, between Sheldon and Eucalyptus Drive, from 12 00 Noon to 5 00 P M on Saturday, July 20, 2002 Although the Cub Scouts sponsor the event, all youth groups, grades one to five are invited to participate The El Segundo Cub Scouts will provide liability insurance approved by the City Attorney to protect the City, its officers and agents from liability resulting from the event The police department will provide the service of one motor officer, two cadets, and two R S V P s The Motor Officer and the two (2) cadets will be compensated overtime As in the past, the FY 2001 -2002 budget has included provision for City expenses in connection with this event. ATTACHED SUPPORTING DOCUMENTS, Letter from Joseph J Riordan, Cubmaster Pack 968, Boy Scouts of America dated March 31, 2002 FISCAL IMPACT. $680.00 Operating Budget- Amount Requested Account Number Project Phase Appropriation Required _ Yes x No ORIGINA Assistant DATE April 25, 2002 REV BY. DATE- April 25, 2002 Mary & ren , ity Manager /4a z 6 City of El Segundo INTER - DEPARTMENTAL CORRESPONDENCE April 10, 2002 To: Mary Strenn, City Manager From: Jack Wayt, Chief of Police Subject: Boy Scout Soapbox Derb The El Segundo Cub Scouts has for a number of years held a soapbox derby and again are requesting the use of Grand Avenue for this event on Saturday, July 20, 2002 They ask that Grand Avenue, between Sheldon and Eucalyptus Drive, be closed from 12 00 P M to approximately 5 00 P M Although the Cub Scouts sponsor the event, all youth groups, grades one — five are invited to participate The El Segundo Cub Scouts will provide Iiabdity insurance approved by the City Attorney to protect the City, its officers and agents from liability resulting from the event The police department will provide the service of one motor officer, two cadets, and two R S V P s. Compensation will be at overtime for the motor and the cadets EVENT MANPOWER (5 0 HOUR SHIFT) Police One motor officer Two cadets Two RSVPs Street Department Total Attachment Cub Scout Letter $36000 $22000 $10000 $68000 ® '37 El Segundo City Council 350 Main Street El Segundo, CA 90245 Joseph J Riordan Cubmaster Pack 968, Boy Scouts of America 832 Lomita Street El Segundo, CA 90245 (310) 640 -3289 Dear El Segundo City Council, March 31, 2002 El Segundo Cub Scout Pack 968C, in conjunction with the Pacifica District, Boy Scouts of America requests the use of Grand Avenue from Arena to Eucalyptus on Saturday July 2&, 2002 from 12 00 Noon to 5 00 PM for the annual Cub Scout Soapbox Derby Race This is an annual reoccurring event sponsored by our local Pack and you have our previous request on file We are also requesting the assistance of the El Segundo Police Department for traffic control and that the City inform the Rapid Transit District (RTD) bus lines We would also appreciate the use as in the past of city barricades to close the road and request they be dropped of the day before race as done before Last year close to 200 people participated in this event, many from outside the City who enjoyed the hospitality of our community and patronized many of the local business establishments We sincerely appreciate the City's continued support of Scouting in the South Bay area I would appreciate it if you would advise me when this matter will appear on the City Council agenda Sincerely, oseph Riordan Cubmaster, Pack 968C -)3d EL SEGUNDO CITY COUNCIL MEETING DATE- May 7, 2002 AGENDA ITEM STATEMENT AGENDA HEADING Consent AGENDA DESCRIPTION. Consideration and possible action regarding a request by J P Sellens, on behalf of the El Segundo Police Officers Association, for Council approval and support, to close off the 100 to 600 blocks of Main Street for the annual Main Street America Car Show to be held on Saturday, August 3, 2002 from 10 00 A M. to 4 00 P M (Fiscal Impact - $100 00) RECOMMENDED COUNCIL ACTION (1) Approve request, provided the event meets all applicable City requirements, (2) Alternatively, discuss and take other action related to this item BACKGROUND & DISCUSSION, For the past few years, the El Segundo Police Officers Association ( "ESPOA ") has sponsored the annual Main Street America Car Show event in the City The event is planned for August 3, 2002 and will require the closure of the 100 to 600 blocks of Main Street (El Segundo Boulevard to Mariposa Avenue) to normal traffic from 6 00 AM to 6 00 P M to facilitate set up and production of this event Emergency vehicle access would not be impacted as the number one traffic lanes of both north and southbound Main Street will be kept clear The cost to the Street Department will be approximately $100 00 The ESPOA will obtain the required liability insurance for the event and will provide a copy to the City Attorney Traffic control plans meet with the approval of the Traffic Division As in the past, the FY 2001 -2002 budget has included provision for City expenses in connection with this event ATTACHED SUPPORTING DOCUMENTS Letter from J P Sellens, President of the El Segundo Police Officers Association FISCAL IMPACT. $100 00 Operating Budget. Amount Requested Account Number- Project Phase Appropriation Required- —Yes x No ORIGIN D BY DATE: April 25, 2002 Je i eMay, ecutive Assistant R VI ED BY' DATE- April 25, 2002 Ma i y anager �O�L City of El Segundo INTER - DEPARTMENTAL CORRESPONDENCE April 10, 2002 To: Mary Strenn, City Manager From: Jack Wayt, Chief of Police Subject: Main Street Cruise Park and Show The El Segundo Police Officer's Association is planning the annual Main Street Car Cruise to be held on August 3, 2002, from 10 00 AM to 4 00 PM The car show will highlight classic and pre -1975 cars and trucks The event will be held in the 100 through 600 blocks of Main Street, which will be barricaded and staffed by volunteers Emergency vehicle access would not be impacted as the number one traffic lanes of both north and southbound Main Street will be kept clear Traffic control plans meet with the approval of the Traffic Division EVENT MANPOWER Police Street Department (0800 — 1600 Hours) Volunteer Staff $10000 Attachments ESPOA Letter i 40 El Segundo Police Officers Association GE *FIFTY N TARS IN SERVICE* V Ofp e sw 348 Main Street, El Segundo, California 90245 (310) 524 -2200 Fax (310) 640 -8648 April 10, 2002 El Segundo City Council 350 Main Street El Segundo, CA 90245 Dear Mayor Gordon and City Council, The El Segundo Police Officers Association seeks your permission to organize and produce the Main Street America car show event for 2002 We request permission to use the 100 to 600 blocks of Main Street from 10 00 AM to 4 00 PM on Saturday August 3rd, 2002 We ask that Council allow us to close the 100 to 600 blocks of Main Street (El Segundo Boulevard to Mariposa Avenue) from 6 00 AM to 6 00 PM on August 3rd, 2002 to facilitate set up and production of this event These closures will include all intersecting streets in these listed blocks back to the nearest alley, except for E Pine Avenue We request the Council to permit us to close the street as listed above to normal traffic via City of El Segundo signs, barricades, cones, and delineators The Association's membership, volunteers, will provide crowd control We will purchase a million dollar liability insurance plan for the event and provide a copy of it to the City Attorney. Association volunteer staff will set up and remove all barricades and cones the day of the event The Association will make all necessary notifications to the Police Department, Fire Department, MTA, Street Department, neighboring residents and area businesses Traffic control plans will be provided to the Police Traffic Division We request the Council's support and permission to implement this car show event for the enjoyment and benefit of the residential and business community Respectfully Yo s, ;J_ J P tilens President C4: EL SEGUNDO CITY COUNCIL MEETING DATE May 7, 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 DATE. April 30, 2002 Andres Santamana, Director of Public Works KtVItWtU BY i 4 COUNCIL- MAY,MONTHLY STATUS REPORT - CIP PROJECTS F. \ \ ! \ « \ § ! ! ! > I . \ : f { ! \ \ f , f E4) I . \ : f m R c_ ,\ ; E4) f � ! \ � t ( \ § ! \ r ! ; ; ! ! � ■ , | E4) C 4 4 s � F� IL� a � � Y a � � 8 s s a a E I' I�jffj Ilo 0 Ali n 1� � 1'i IN m m �i r.J i'i t� rl 3 _ _ _ - - _ { Q a �a Ixi i^ C 4 4 045 / i [ \ � \ i ' \ , / ) \ � 9 ' \ ! ? , ! \ j � \ \ \ \ \ \ ` }/ i | j ;r ° / ' \ - Eo - ! !- 2 } ) \ \ ) w \ \ ; ) \ ) \ � � m m m m 2 n n n_% , . . � z.° § � \ i 045 u 4 6 \ ; \2 � , ! � , 9 ( / ! . \ . ! \ )| ; , 22 , \ \ ; ] \ ! ) ! § ! ! ; ■ ; ! ! ) i ƒ 4 { ' ! \ � , k } \ Q ) \ : { ) } ) / \ \ p \_ m m'm m m m a m m r 7_m 'ME | _ « / u 4 6 LI MI � N, I I �la �I a a i ICI I° LT & al = v gl l a s 1 ��i a Ism q I � S 4 r- UE S Z N � e I� LL 3 E $ �° y •- e m � � o � f I qa l i I ` x ¢ o m a o a 2 f q y 2 9 y 1Z r N ' U O m U m U m mmO LI / !i \ [ ! ! \ a \ !} I! | |� |/ ` • ! ) ' ! - \ \ 7 } \ [ ! ! \ a \ !} I! | |� |/ ) ' ! - \ \ 7 } \ t . [ ! ! \ a \ !} I! | |� !! 048 |/ ) ' ! - \ \ 7 } \ !! 048 ' ! - \ \ 7 } \ !! 048 J4 J _ ( � § ! \ \ � ( � \ � \ � \ � | ( ' J j `� • / \ \ \ !j \ � 2f 3 () / \ ` , I � , / } \ \ ) / ! / } \ } ® m m m- ) -` . ( - - - - - _ - - _ J4 J ju I,o �o a I N Ill of C C I a -I 1�1 a I 8 A I tr `a a 3 it w E E y u� E y i f E E T LLI I �p p p ; of r o y a w Og p p {v w 4 o U Q rd U Q O V FAO O (0 U Z N O i4 U 2 i O i0 U 2 11'1 M CI_ m m m C7 L7_ m_- m m R- m _ - - - - - - -- ju A51 � � § \ ( \ � > � \ � � I � \ ( \ � I j \ i I \ ( � C � . \ \ \ � � !| |! !: { ;! \ \ � � IF / - d 119 A51 052 F. r� la� F ILL O S a ( { R 8 i f I I'i4�41 C s , a i olFa IzI a u �� Iii A � F a I3 s I ILL IR gg { I o= m O 6 U 6 C Q o i . H n3 c4 m V i I> o m U i o L'1 1:1 m 171 L9 0 tq E_'I_ rl 9m @1 @i a _ _ _ 052 n53 � [ \ ! � \ ± � q � \ � I \ \ � § I � \ \ � L ;! \ | � � z � I ! , . ) \ ) 7 0 ! | } ; PI n m m m m -\ _m i \ \ / { - m n53 0 54 j ! . . . . . \ � ! / j !/ | » \ kEo 0 54 EL SEGUNDO CITY COUNCIL MEETING DATE May 7, 2002 AGENDA ITEM STATEMENT AGENDA HEADING. Consent Agenda AGENDA DESCRIPTION Consideration and possible action regarding adoption of plans and specifications for Recreation Park Electrical Upgrades — Approved Capital Improvement Program — Project No PW 01 -05 -- (estimated cost = $429,000 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 approved Capital Improvement Program includes the complete electrical upgrade of Recreation Park electrical services and electrical facilities, which are 45 years old This project will eliminate grounding problems and replace all buried conduits, which have deteriorated The project will also provide all new power circuits and computerized control devices, including field lighting circuits, conduits and wires Siemen's, an energy efficiency company, installed more efficient electric metering at Recreation Park This work enabled the separation of the lights from the rest of the service in order to qualify for a lower electric rate Plans and specifications have been completed and the project is ready to be advertised ATTACHED SUPPORTING DOCUMENTS None FISCAL IMPACT. Capital Improvement Program Amount Requested. Account Number Project Phase* Appropriation Required $429,00000 $429,00000 301 - 400 - 8202 -8473 Adoption of plans and specifications No ORIGINATED BY Q Q DATE April 30, 2002 Andres Santamaria, Director of Public Works REVIEWED BY DATE. Strenn COUNCIL MAY 07 04 JueWay oariaoz 8 00 A M) — 1 05') \/ EL SEGUNDO CITY COUNCIL MEETING DATE May 7, 2002 AGENDA ITEM STATEMENT AGENDAHEADING• Consent Agenda AGENDA DESCRIPTION- Consideration and possible action regarding award of contract to Green Giant Landscape, Inc , for the construction of mid -block surface drainage improvements /curb replacements at nine (9) locations - Approved Capital Improvement Program — Project No PW 02 -09A - (Fiscal Impact = $81,950 00) COUNCIL ACTION Recommendation — (1) Award contact to the lowest responsible bidder, Green Giant Landscape, Inc , in the amount of $81,950 00, (2) Authorize the City Manager to execute the contract on behalf of the City, (3) Alternatively discuss and take other action related to this item BACKGROUND & DISCUSSION This project will provide for the installation and repair of various mid -block surface improvements, including related street/sidewalk construction Poor drainage conditions at these locations have caused the deterioration of the asphalt during surfaces These improvements will eliminate the ponding of water at these sites ATTACHED SUPPORTING DOCUMENTS 1 Bid results 2 Location map FISCAL IMPACT Capital Improvement Program. Amount Requested. Account Numbers Protect Phase, Appropriation Required, $405,90000 $ 81,95000 106 - 400 - 8203 -8451 106 -400- 8203 -8452 106 - 400 - 8203 -8604 301 - 400 - 8201 -8494 Award contract No $ 75,000 00 _ $ 99,000 00 $ 81,900 00 _ $150,00000 ORIGINATED BY. � �� DATE May 1, 2002 Andres Santamaria, Director of Public Works COUNCIL MAY 0709(WWneWay MOV02900 A M 10 656, BID RESULTS COMPANY Green Giant Landscape, Inc Damon Construction Company Den Boer Engineering & Construction BID AMOUNT $81,95000 $109,25700 $264,90000 COUNCL MAY o] oe(WeneN c Vcz B Ua AM) C5,, N O J 1 A1N1100 S3139NV s0-1 { M1 3NNOX11NtlX .40 A110 00310 N's 011i YO]N)N Y V O r "1 w a♦ w s w J l> 1 ,I� X999999 ��1�9 \� 7II III 3n1 uo w 9 O6 M ULJ 1�1� 4 m � On,t u N011.ln. m tlr•1 1LNYON O J ' 3n.00N0024 a i lIYOi •NYl1 AN j. °c Is ` ` OY 131n0 l•1NiNUNOO OI n 3011 M3309 i Otl13w - is 1011' Al. MY.1 = It N41N U N i W J (31VAiu) M3MI1M00 P`; AVM � m 03111Y 2 2 j V r F m U Is 1613 ('I S itlON_ I1I DAIS : F o �� .O]ningt Q N is volm". A\SIY ££1 In ' 3NL NYO i W A K li LIONIIII )M w1] O - al M01lMIMi.w C ]M 1X11 L�1.w 1nN1.w „ OIs LYLN.Y e I 1111]tN101 f M 14 • U1.0 t CL\V Nl•1 U a 11 Y> Q ai N AY0 m Ir 3M 111.w p•A u AV 13.011 OC7 Om is 32 > Y£ wo,Y6Nrl6 � `s at 6N1v.Yw °' �� a. 1]NYnav ^ As .uwo1 111 a a a> Yarn L —J� ®� is 1.w31s U ®® AS YMi1 �_ OY lN>NVl6 O J li MOOIIHS N� 31 �� li tlM3YI 1J Fj N u T N p _ BB=1 Ass OYVONYIL w N 1 Nnw �LILJ��u B�B 1L 0.0..2.1, „ 7 0 ^ CI \OM�NK r Is o.oaNO> 99 V ®E3 At •INI 5 .MAIN. AS V141A VMNOI Q IN Min ❑ 1]ll a i Z 1L la3YTlIN \ 2 1L 1 Y IN i� • W _u �Ni•wp m� u•P OE`ES � J a � n p OF Q � r 0 1`tl• Z u a a N to a r p Z LL 1 05-, EL SEGUNDO CITY COUNCIL AGENDA ITEM STATEMENT AGENDA DESCRIPTION: MEETING DATE May 7, 2002 AGENDAHEADING Consent Agenda Consideration and possible action regarding award of contract to FS Construction for the construction of sidewalk/curb ramps along Pine Avenue (east of Sierra Street and west of Maryland Street) and along Center Street (Grand Avenue to Franklin Avenue) - Approved Capital Improvement Program — Project No PW 02 -05 - (Fiscal Impact = $22,098 00) RECOMMENDED COUNCIL ACTION. Recommendation — (1) Award contact to the lowest responsible bidder, FS Construction, in the amount of $22,098 00, (2) Authorize the City Manager to execute the contract on behalf of the City; (3) Alternatively discuss and take other action related to this item This project will provide for the construction of sidewalk/curb ramps along Pine Avenue and along Center Street After sidewalk installation, pedestrians will be able to walk on sidewalks rather than on grass or dirt, or on the street along the curb The major portion of this project is sidewalk installation but will also include curb ramps For construction purposes, it was decided to award this project separately from other concurrent projects to eliminate construction space conflicts will multiple contractors ATTACHED SUPPORTING DOCUMENTS- 1 Bid results 2 Location map FISCAL IMPACT Capital Improvement Program Amount Requested Account Numbers. Project Phase Andres Santa $405,90000 $ 22,098 00 106 - 400 - 8203 -8451 106 - 400 - 8203 -8452 106 - 400 - 8203 -8604 301 - 400 - 8201 -8494 Award contract No aria, Director of Public Works _ $ 75,000 00 $ 99,000 00 _ $ 81,900 00 $150,00000 DATE May 1, 2002 REVIEWED BY- DATE: Mary Strenn, City Mana&r -f//�ot COONGL MY 0709(WWneWay 05/01/02900 AM) 1 1 C 5 J BID RESULTS COMPANY FS Construction Green Giant Landscape, Inc CJ Construction, Inc Southland Construction Damon Construction Company BID AMOUNT $22,09800 $28,70600 $35,36400 $42,62000 $43,22000 COUNCIL WY m 09 (We n6W., 05101102 9 00 A M) 060 N O W IA1Nf1O] 53130NV 50-1 AM, 3NNON1MVH !O A110 a Z III CAI. 05310 live 3N313 y 5 5 5 9 9 9 879 \t i n �I `II..® .,II Iw . 3M il u�L.l� r J - n o04, m �\ I I awn L.� xou.w f . 1 • s m II. V] n. O > > 1 a ; 2 J > ® 7M OON003tl 4 j 1111109 YMYdI Aft 131n0 IRNiFI1W 3111 1633115 i ON131% t li M O.. a W ac -� y -r 169tF AYY FH. F !L Nt•M U N e Ow >I Q J a 131Yruwl ] �� AMM m i > -AM UMO M - -- o e Owitiv z i o m U 3S ul]II f 1110f.MM �� N e m OJ o w > _ MNI ffl z p .03A1nY31 d •x•wNl Mf13 ffl F1' ^3M L .00 1''� N Y! 410MIlll 7M 16'13 4 '�II ��II1I��I © O ��ul.J��O� 9 , 3F1• 1i MOISMIM[Yw lM 1M." y !f S'IfMY1 � ' •I113[MIM F' ��a 31 J IS .NIYO VAU 3A. FIV, U < It N003YO 3A. III.N ss ..•A3F j� 3. mna.. j U �1]A. VYOa Y31N33 amyt wOI..Nn. 3 W OL.JO ® J li DY A3MYOO11 2 uM. YI < 3 fYY 31f 13 1 ; ® 911 3N20.16 N IL1Fi�1.1I1L.IL1l � Lf MN3f O x J F—R U li • 1n u 1 - © I I BB�e if OY.OM.If I M > n j� ��8 3f FI•N �.I r�n wrw w9 � \ /•I .M0 II II I�II BB ®e J li OFOFX3IY UJI a •' �'i O e ^ `M�yNf T P U❑BE3Be r I- � is fYO3XOJ n w99 r � u L i a�aL�I�y!�J�r-01®�B� aII .INISYIn as .xulNw as unn •wog � EH ��l.JU ❑ ,3 TF ' 0 i z U s J 1f Lf 3YJllIN Un M w 2' 1 �1 1 Y lM 3f N qpqp 11f qJO�� •L'F \ 0 __3J�+wel'Yf 4r] n.31 LF,S 0 J 3 pN�E i W n - `OS t _ of 8 0. ^ o OF a G\ty \SSY '� J a Q U W H i v 7.' Q N ^ n U' A m 2 4 11 c6' EL SEGUNDO CITY COUNCIL AGENDA ITEM STATEMENT AGENDA DESCRIPTION MEETING DATE May 7, 2002 AGENDAHEADING: Consent Agenda Consideration and possible action regarding award of contract to FS Construction for the construction of forty -four (44) curb ramps and adjacent sidewalk along Manposa Avenue - Approved Capital Improvement Program — Project No PW 02 -04 - (Fiscal Impact = $35,25400) RECOMMENDED COUNCIL ACTION, Recommendation — (1) Award contact to the lowest responsible bidder, FS Construction, in the amount of $35,254 00, (2) Authorize the City Manager to execute the contract on behalf of the City, (3) Alternatively discuss and take other action related to this item BACKGROUND & DISCUSSION, This project will provide for the installation and repair of various handicapped access ramps, sidewalks and other improvements along Manposa Avenue Installation of these ramps will facilitate travel by pedestrians ATTACHED SUPPORTING DOCUMENTS 1 Bid results 2 Location map FISCAL IMPACT- Capital Improvement Program- Amount Requested Account Numbers Project Phase Appropriation Required, $405,90000 $ 35,254 00 106 - 400 - 8203 -8451 106 - 400 - 8203 -8452 106- 400 - 8203 -8604 301 - 400 - 8201 -8494 Award contract No $ 75,000 00 _ $ 99,000 00 _ $ 81,900 00 _ $150,00000 ORIGINATED BY DATE May 1, 2002 Andres Santamana, Director of Public Works REVIEWED BY DATE. s Mary Strenn, Cit Mana- a f` 12 COUNCIL-MY W 07 (TUeWay 05101103 0 00 A M) 0b2 BID RESULTS COMPANY FS Construction CJ Construction Green Giant Landscape, Inc Damon Construction Southland Construction BID AMOUNT $35,25400 $54,415.00 $62,43000 $72,69000 $108,10000 CWHUL MA 0707(TueWay 05MIM 9 W A M) 063 v z r54 EL SEGUNDO CITY COUNCIL AGENDA ITEM STATEMENT AGENDA DESCRIPTION MEETING DATE May 7, 2002 AGENDAHEADING Consent Agenda Consideration and possible action regarding acceptance of the project for water pump replacement at Storm Water Pump Station No 17 (1015 East Imperial Avenue) —Project No PW 01 -07 - Approved Capital Improvement Program (contract cost = $36,189 60) RECOMMENDED COUNCIL ACTION. Recommendation — (1) Approve Change Order No 1 in the amount of $2,313 60, (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 November 7, 2001, awarded a contract in the amount of $33,876 00 to Flo- Systems, Inc The work included replacement of the existing sump pump at Storm Water Pump Station No 17 located at 1015 East Imperial Avenue In order to replace the existing pump, the sump pump basin area was drained Itwas then discovered that the existing concrete floor pad needed to be replaced, which was not apparent until the basin was completely drained of storm water The contractor was authorized to install a 12" concrete floor inside the existing sump pump basin at an additional cost of $2,313 60 The work has now been completed to the satisfaction of staff Staff recommends acceptance of his protect ATTACHED SUPPORTING DOCUMENTS 1 Notice of Completion 2 Vicinity map FISCAL IM Capital Improvement Program: Amount Requested: Account Number Project Phase: $45,00000 $36,18960 301 -400- 8205 -8920 Accept the work as complete No ORIGINATED BY a fJ DATE• April 29, 2002 Andres Santamaria, Director of Public Works REVIEWED BY DATE. Y�ofz Mary Strenn, City Ma COUNCILN Y V 03(WWay Od(OM 900 P V J 11 J 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 Pump Replacement at Storm Water Pump Station No 17 Protect No PW 01 -07 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 April 15, 2002 The work done was Replacement of existing sump pump 6 On May 7, 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 Flo- Systems, 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 Water Pump Station No 17 9 The street address of said property is 1015 East Imperial Avenue 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 Devaraf City Engineer SPEC6IC MNS.ROJECTSIPW 01 07 NOC tO IW 0) C U ") A A 1 z 067 tl G W Y �Y YLI. IA1Nnoo Y3130NY YOl Aqi Mwlf ULJLJU LJLJ�U r —Jm 3NYON111tN !O 00110 Ntf �� - Ally - _ o•' Y a f a• r m Y.ns IU 0.3 MYI1.N. d lil 1 1lMY0Y 6 � 1 O 6 ' J >• ® iM00N0)aY Q i 2 O . 8 i > Y OY 1TM0 MIWI aY 1 = e 1 ` ]Nlla NIiYD i OIIl9N As on Wt ¢ W 11 r NitN a S lYY YNl = 2~ if Nf.n u J {iltaYfl '`i AVA + OYTt 2 V 5—MRk-001i9 11 if a.1>t f� 6M C Offtt y : O fl i $ 2 `� .Maw1n•u = �7 N J1 "WISH, Asia 1f1 n ISO "- J u R �® Sf if f OAlll YD]Y1Nftw C�91M all 9Mr l) 4 i an". t ��a if OY.Y .LLl)fYlq M �w. L .Yw0.11tf : NTI V 'L�iJJI` L YMIf16 ffl�)Y a M 1A", 911 aINT. z M VYMt1 L�� IJ1� IS Y 1CY i w J llf if YT.MN on""" i SS6 W Y 9Y LanYMM11 c. Z • if .LIIOI � O w y la • if WHOM i OY 3YfY.14 O J Q B Ll 3) AS nYl• IIOnI)nf s N _ if A_ .Y)I. w N O MYKY.af w N I B if MI .11 � �• M Ile If F © 'El 1f 011011nJIY •''' _ �� B ss a1MaYea eIII if .YUww V ❑ Y IS .luw .YO1 O 7 i u uanal9Y 7 � 7 1 W SF a;-- r vi u naM_� pp 'tea -.flwq and uw. E5 .f✓' \ lL � J L YJ iit N = `os q o N > H a K r Y F N a u � U m a o A A 1 z 067 EL SEGUNDO CITY COUNCIL AGENDA ITEM STATEMENT AGENDA DESCRIPTION: MEETING DATE- May 7, 2002 AGENDAHEADING ConsentAgenda Consideration and possible action regarding approval of Change Order No 1 and acceptance of work as complete for the installation of flashing red lights at the Main Street/ Pine Avenue Intersection — Project No PW 01 -09 - Approved Capital Improvement Program (final cost amount = $33,852 49) RECOMMENDED COUNCIL ACTION Recommendation — (1) Approve Change Order No 1 in the amount of $8,652 49, (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, (3) Alternatively discuss and take other action related to this Item BACKGROUND & DISCUSSION The City Council on December 18, 2001, awarded a contract for installation of flashing red lights at the Main Street / Pine Avenue intersection to L A Signal, Inc The scope of the contract included work for the contractor to install the flashing light equipment furnished by the County Public Works Department (Background & discussion continued on the next page....) ATTACHED SUPPORTING DOCUMENTS Notice of Completion FISCAL IMPACT Capital Improvement Program Amount Requested Account Number Project Phase. Appropriation Required. $75,00000 $33,85249 106 - 400 - 8203 -8451 Acceptance of work No ORIGINATED BY- 61— DATE, April 29, 2002 Andres Santamana, Director of Public Works COUNCIL MAY O] 02 (MOMay 0429/02 100 P M ) 14 CI 6 8 BACKGROUND & DISCUSSION (continued) The contractor was authorized to reimburse Southern California Edison Company for its charges to provide underground electrical service from the meter box to the Edison's main electrical service line The contractor was also required to install an additional underground electrical conduit across Main Street to provide electrical service to the equipment at the southeast corner of the intersection from the electrical meter box on the west side of Main Street The above work was added to the contract after the award of the construction contract The total cost of this work is $8,652 49 (Change Order No 1), which was not included in the original contract amount of $25,200 00 The final contract amount, including Change Order No 1, is $33,852 49 COUNCIL MAY 07 02 (Monday ON001021 W P M ) 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 Installation of Flashing Red Lights at the Main Street / Pine Avenue Intersection Project No PW 01 -09 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 Traffic control device 5 A work of improvement on the property hereinafter described was field reviewed by the City Engineer on April 22, 2002 The work done was Installation of flashing red lights at the Main Street / Pine Avenue intersection 6 On May 7, 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 L A Signal, 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 Intersection of Main Street and Pine Avenue 9 The street address of said property is Not applicable Dated Bellur K Devaral 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 SPECIFCL Tg SPRWECTSWW 01 -01 NM(0111&93) °i70 EL SEGUNDO CITY COUNCIL AGENDA ITEM STATEMENT AGENDA DESCRIPTION MEETING DATE May 7, 2002 AGENDAHEADING ConsentAgenda Consideration and possible action regarding payment of $77,481 31 to the Grand Corporate Center, Inc , for design costs related to the City- Caltrans Cooperative Project to construct signal and intersection improvements at the Sepulveda Boulevard intersections with El Segundo Boulevard and Grand Avenue — (Fiscal Impact = $77,481 31) RECOMMENDED COUNCIL ACTION. Recommendation — (1) Approve payment of $77,481 31 to the Grand Corporate Center, Inc . (2) Altemativelv discuss and take other action related to this item BACKGROUND & DISCUSSION (See attached) ATTACHED SUPPORTING DOCUMENTS 1 Development agreement dated June 30, 1998 2 Letter agreement dated March 6, 2001 3 Letter from Opus West Construction Corporation with invoice FISCAL IMPACT. Payment of $77,481 31 from Traffic Mitigation Fees Capital Improvement Program. $775,00000 Amount Requested $ 77,481 31 Account Number 702- 400 - 8141 -8948 Project Phase Design Appropriation Required. No ORIGINATED BY. � DATE April 29, 2002 Andres Santamaria, Director of Public Works REVIEWED BY DATE Mary Strenn, City a er 3/L 15 N \COUNCIL -MAY 07 01 (Monday 0429102 1 00 P M ) P;; BACKGROUND AND DISCUSSION On June 30, 1998, the City of El Segundo entered into a development agreement with MS Vickers 11 for development of the Grand Avenue Corporate Center project on the Westside of Nash Street, south of Mariposa Avenue The agreement (Section 8 (1), page 11) provides for the City to reimburse the developer for localized traffic related improvements from the Traffic Mitigation Fee paid by the developer The developer has currently paid a total of $1,294,827 00 for traffic mitigation fees for the project Subsequently, on March 6, 2001, a letter agreement was executed between Grand Corporation Center and the Mayor of El Segundo reaffirming that the City will reimburse Grand Corporate Center for the engineering and design costs for the design of the Sepulveda Boulevard signal improvements at Grand Avenue and El Segundo Boulevard This design has now been completed and approved by Caltrans for construction The City has received an invoice of $77,481 31 from Opus West Construction Corporation (on behalf of Grand Corporate Center) for the costs for preparation of construction plans and specifications per Caltrans standards, The proposed project includes the following work (a) Grand Avenue /Sepulveda Boulevard intersection Double left turn lanes of westbound Grand Avenue and southbound Sepulveda Boulevard, left turn arrow for eastbound Grand Avenue and reconstruction of the north -west corner of the intersection to improve turning radius (b) El Segundo Boulevard /Sepulveda Boulevard intersection Left turn arrow for eastbound El Segundo Boulevard N \COUNCIL -MAY 07 01 (Monday 0429/02 1 00 P M ) O7� FROM RECORDER'S FEES PRIVATE ,,--�-aant to Government '' Code §§ 6103, 27383 Recording Requested Ev and When Recorded Return to: CITY CLERK CITY OF EL SEGUNDO a 98 1109405 /Rak2Yw 'S AL 3:21 PM JUN 30 1998 DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF EL SEGUNDO AND M.S. VICKERS II, LLC rr,cE V U E 9E0wp , +1+ MAY I I IM f 0,73 THIS AGREEMENT SHALL BE RECORDED WITHIN TEN DAYS 2 O OF EXECUTION BY ALL PARTIES HERETO PURSUANT TO THE REQUIREMENTS OF GOVERNMENT CODE §65868.5 ON a 2600 DEVELOPMENT AGREEMENT This Development Agreement ( "Agreement ") is made this 3� �+ day of 3-u oZ , 1996, by and between the CITY OF EL SEGUNDO, a city in the State of California ( "City "), and MS VICKERS II, LLC (the "Developer ") . In consideration of the mutual covenants and agreements contained in this Agreement, the City and Developer agree as follows: 1. Recitals. This Agreement is made with respect to the following facts and for the following purposes, each of which are acknowledged as true and correct by the parties- A. The City is authorized pursuant to Government Code Sections 65864 through 65869.5 to enter into binding agreements with persons or entities having legal or equitable interests in real property for the development of such property in order to establish certainty in the development process. B. The Developer is the owner of certain real property, 23.03 acres in size, generally located along the west side of Nash Street between Mariposa Avenue and E1 Segundo Boulevard (the "Site ") and more specifically described by the legal description shown on Exhibit A attached hereto. C. The Parties desire to enter into this Agreement in conformance with the Government Code and the City of El Segundo Municipal Code in order to achieve the development of the Site as expressly provided under the terms of this Agreement. D. The development for the Site, as proposed by the Developer, will consist of the construction of a mixed -use development, as described in Exhibit B attached hereto (the "Project "). E. On March 26, April 9, and April 23, 1998 , the Planning Commission of the City of E1 Segundo held duly noticed public hearings on the Developer's application for 3 075 2600 this Agreement. F. On May 5, 1998, the City Council held a duly noticed public hearing on the Developer's application for this Agree- ment. G. On May 19, 1998, the City Council of the City adopted ordinance No. 1287 approving this Agreement with the Developer. H. The City desires to obtain the binding agreement of the Developer for the development of the Site in accordance with the provisions of this Agreement. I. The Developer desires to obtain the binding agreement of the City to permit the Developer to develop the Project and Site in accordance with the "Applicable Rules" (as hereinafter defined), including any modifications permitted by this Agreement. J. Developer has applied to the City in accordance with applicable procedures for approval of this mutually binding Agreement. The Planning Commission and City Council of the City has given notice of intention to consider this Agreement, has conducted public hearings thereon pursuant to the Government Code, and has found that the provisions of this Agreement are consistent with the City's adopted plans and policies, the "Zoning Ordinance" (as hereinafter defined) and the City of E1 Segundo's General Plan. K. This Agreement is consistent with the present public health, safety, and welfare needs of the residents of the City of E1 Segundo and the surrounding region. The City has specifically considered and approved the impact and benefits of this Project upon the welfare of the region. L. This Agreement will bind the City to the terms and obligations specified in this Agreement and will limit, to the degree specified in this Agreement and under State law, the future exercise of the ,City's ability to delay, postpone, pre- clude or regulate development of the Project on the Site except as provided for herein. z n7f, M. An environmental review approved in conjunction with the Approvals in accordance with ordinances, and regulations of the the City of El Segundo. 7 E, 0 �i has been conducted and above referenced Project the applicable statutes„ State of California and of N This Agreement eliminates uncertainty in planning and provides for the orderly development of the Project Site. Further, this Agreement eliminates uncertainty about the validity of exactions to be imposed by the City, allows installation of necessary improvements, provides for public services appropriateato the development of the Project Site, and generally serves the public interest within the City of El Segundo and the surrounding region. O The City is entering into this Agreement in part because it anticipates that the Project, once completed, will generate a substantial positive impact to the City. In particular, the City anticipates that the contemplated hotel portion of the Project will be a significant contributing factor towards such positive impact and will offset the negative fiscal impact of the office portions of the Project. 2. Definitions. In this Agreement, unless the context,otherwise requires: (a) "Applicable Rules" means: (I) statutes, ordinances, the rules, regulations, and official policies of the City in force as of the "Effective Date" (as hereinafter defined) governing zoning, development, density, permitted uses, growth manage- ment, environmental consideration, and design criteria applicable to the Project as modified by Sections 6b, 6c, and 6d of this Agreement; and (ii) the mitigation measures adopted by the City and the conditions imposed by this Agreement and the Project's Discretionary Approvals. (b) "Discretionary Actions; Discretionary Approvals" are actions which require the exercise of judgment or a decision, and which contemplate and authorize 3 n ! 2,c00 the imposition of revisions or conditions, by the City, including any board, commission, or department of the City and any officer or employee of the City, in the process of approving or disapproving -a particular activity, as distinguished from an activity which merely requires the City, including any board, commission, or department of the City and any officer or employee of the City, to determine whether there has been compliance with applicable statutes, ordinances, regulations, or conditions of approval. (c) "Effective Date" shall be the date the applications for Discretionary Approvals were deemed complete pursuant to Government Code § 65943, which was on March 3, 1998 (d) "Main Building" shall be as defined by Section 20.08.190 of the Zoning Ordinance. (e) "Project Area" shall mean a portion of the Site proposed for development and shall correspond to those Project Areas identified in Exhibits `B', 'C' and "D." For the purposes of this Agreement, a Project Area need not be a "Lot" as defined by the Zoning Ordinance. (f) "Public Improvements" mean those public improve- ments required by the City that the Developer agrees to construct and aedicate or pay money in lieu of construction, according to the terms of this Agree- ment and the Project Approvals. (g) "Research and Development (R &D)" shall be as defined by Section 20.08.675 of the Zoning Ordinance. (h) "Subsequent Applicable Rules" means the rules, regulations, and official policies of the City, as they may be adopted, operative after the Effective Date of this Agreement which, other than as provided for in this Agreement, would govern the zoning, a 078 2SOU development, density, permitted uses, growth manage- ment, environmental considerations, and design criteria applicable to the Project and Site. The parties intend the development of the Project and the Site to be subject to Subsequent Applicable Rules only to the extent specified in paragraph (a) of Section 8 of this Agreement. (i) "Zoning Ordinance" is the Zoning Ordinance for the City of E1 Segundo contained in the El Segundo Municipal Code as it exists on the Effective Date. 3 Interest of Developer. The Developer represents to the City that, as of the Effective Date, it owns the Project Site in fee, subject to encumbrances, easements, covenants, conditions, restrictions, and other matters of record. 4. Bindina Effect. This Agreement, and all of the terms and conditions of this Agreement, shall run with the land comprising the Project Site and shall be binding upon and inure to the benefit of the parties and their respective assigns, heirs, or other successors in interest. 5. Negation of Agencv. The Parties acknowledge that, in entering into and performing under this Agreement, each is acting as an independent entity and not as an agent of the other in any respect. Nothing contained herein or in any document executed in connection herewith shall be construed as making the City and Developer point venturers, partners or employer/ employee. 6. Development of the Propertv The following specific restrictions shall govern the use and development of the Project as described in Exhibit 'B', and without the need for any additional Discretionary Actions: (a) Development Standards. All design and develop- ment standards applicable to the development of the Site shall be in accordance with the Applicable Rules, the conditions of the Discretionary Approvals as adopted, amended or modified in the future by mutual consent, except as noted in Section. s 67 9 L ! 6b, 6c, and 6d below. The sole exactions, conditions, and mitigation measures to be required for the Project shall be those contained in the Project's mitigated negative declaration, a1j. Applicable Rules, conditions imposed by the Project's Discretionary Approvals, and this Agreement. (b) Exceptions to Develonment Standards Exceptions to the design and construction of the development, by Project Area, are permitted pursuant Exhibit 'D' attached hereto. �c) Development Modifications. The Developer shall be permitted to make the follow--..g modifications to the Project. (1) First floor areas. A minimum of 6,000 square feet, in aggregate of all first floor areas (excluding the recreational /sports training facility), shall be used as support retail, service, restaurant, employee cafeteria and similar permitted accessory uses as regulated by the provisions of the MU -N (Urban Mixed -Use North) Zone. The uses shall be distributed to Project Areas both north and south of Grand Avenue. A maximum of 75 percent of first floor areas, but not to exceed 25 percent of the total net floor area of any Main Building in either Plan 'A' or Plan 'B' (excluding the recreational /sports training facility) may be used as support retail, service, restaurant, and similar permitted accessory uses as regulated by the provisions of the MU -N Zone. (2) MU -N substitute Uses The Developer may substitute any of the uses described in Exhibit 'B' in either Plan 'A' or Plan 'B'. In addition, the Developer may substitute uses not described in Plan 'A' and Plan 'B' by obtaining approval of an Administrative Use Permit, if (1) such uses 6 080 2l 1, 0 are consistent with applicable zoning, including the requirements for the MU -N zone, and (2) the Planning Commission determines that the environmental impacts of such substitute use(s) would not cause overall project impacts to exceed those identified in the Project's Initial Study and Mitigated Negative Declaration. (d) Recreational Standards The Project fully satisfies the City's "Industrial Development Recreationa.. Standards and Guidelines" if a recreational/ sports training facility, pedestrian perimeter jogging /walking trails, and picnic /bench areas are developed under Plan 'B' or if the recreational areas depicted on the site plan for Plan 'A' are developed. Facilities shall be installed to the satisfaction of the Department of Planning and Building Safety and the Department of Parks and Recreation The recreational facilities (excluding the indoor basketball court at the recreational /sports training facility) shall be made available to all tenants, employees, hotel patrons and their guests within the Project Site. If, in the future, the recreational /sports training facility is demolished, converted to another use, closed to the public, or is closed for more than one year, then the current owner of the facility shall be required to satisfy the "Industrial Development Recreational Standards and Guidelines" in effect at the time of demolition, conversion or closure, for the entire Project Site. The current owner shall be entitled to receive credit for other recreational facilities, that satisfy the "Industrial Development Recreational Standards and Guidelines" existing on the Project Site. (e) Mixed -Use Commitment /Development Phasing /Fiscal Consideration. Prior to the issuance of a certificate of occupancy for more than 325,000 square feet of net floor area of office building use, the applicant shall construct, complete and 91 081 have a certificate of recreational /sports t substitute, non - office the MU -N Zone and t clearance. The Devel construct a hotel, r facility, or substitu: described in Section generate at least $5o, (excluding the City's c to support the afore,, according to the fisc with the Instial Study of which is attached he event that the Develope and /or the recreational the substitute use(s) v $50,000.00 of annual ne the Developer shall h annually the differenc actual amount of net use(s). Annual paymen on or before April 30t, shall be made for a pei of occupancy of the se the Project Site. P_ developer or applicant bond or other secur= Attorney for purposes said payment. The $5C this paragraph shall change in the Consumer Beach Index all urban c level on the effective any time the Develope obligation hereunder, make a lump sum paymei for each year of the been satisfied net pres over the remaining construction, of said training facility, or s 6 - upancy for a hotel, the _ning facility or a e as may be permitted by Project's environmental �r shall be required to -eational /sports training use(s) as permitted and c)(2) herein which will j.00 of annual net revenue =s associated with services rationed office buildings) impact analysis prepared r the Project Site (a copy to as Exhibit 'E'). In the does not construct a hotel, ports training facility, or ch do not generate at least revenue as described above, required to pay the City between $50,000 00 and the revenue generated by the shall be made to the City Df each year. The payments d of 10 years from the date nd main office building on Dr to such occupancy, the nall deliver to the City a acceptable to the City ensuring the delivery of 00.00 amount referenced in e adjusted by percentage -ice Index (Los Angeles /Long _sumers) commencing from its ate January 1, 2000. If at desires to terminate its -le Developer may elect to to the City of $50,000.00 n year term which has not value at six percent (6°s) erm. Furthermore, the hotel, recreational /sports ,stitute use(s) shall begin 082 26) r, 0 on or before the issuance of a building permit for any third office Main Building beyond 325,000 square feet of net floor area. 7 Acknowledgments, Agreements and Assurances on the Part of the Developer The parties acknowledge and agree that Developer's faithful performance in developing the Pxj]ect on the Site and in constructing and installing public improvements, making payments and complying with the Applicable Rules will fulfill substantial public needs. The City acknowledges and agrees that there is good and valuable consideration to tjie City resulting from developer's assurances and faithful performance thereof and that same is in balance with the benefits conferred by the City on the Project and the Developer by this Agreement as more particularly described in this Section below. The parties further acknowledge and agree that the exchanged consideration hereunder is fair, just and reasonable. Developer acknowledges that the consideration is reasonably related to the type and extent of the impacts of the Project on the community and the Site, and further acknowledges that said consideration is necessary to mitigate the direct and indirect impacts caused by the development of the Project. In consideration of the foregoing and the City's assurances set out in Section 8 below, Developer hereby agrees as follows: In lieu of dedication of a portion of the Site for public use as required by the AARP (as defined in Section 27 of this Agreement) , the Developer shall pay to the City $588,000, or at the City's option, expend $588,000 for use to repair, restore and /or improve fire and public safety facilities located within or adjacent to the Project Site. Said payment shall be made to the City by the Developer prior to the issuance of a certificate of occupancy for the Site's third Main Building. 8. Acknowledgments, Agreements and Assurances on the Part of the City. In order to effectuate the provisions of this Agreement, and in consideration for the Developer to obligate itself to carry out the covenants and conditions set forth in the preceding Section 7 of this Agreement, the City 9 083 -2 �_,no hereby agrees and assures Developer that Developer will be permitted to carry out and complete the development of the Project within the Site, subject to the terms and conditions of this Agreement, the conditions of the Project Approvals and the Applicable Rules Therefore, the City hereby agrees and acknowledges that: (a) Entitlement to Develop The Developer is hereby granted the vested right to develop the Project on the Site to the extent and in the manner provided in this Agreement, subject to the Applicable Rules and, should the City make the findings set forth below in this subparagraph (a), any Subsequent Applicable Rules Any change in the Applicable Rules, includ- ing, without limitation, any change in the General Plan, any applicable specific plan, Zoning ordi- nance, growth management regulations, design standards or any subdivision regulation of the City, adopted or becoming effective after the Effective Date, shall not be applied by the City to the Project on the Site. Subsequent Applicable Rules can be applied to the Site by the City only if, after public hearing, (1) the City determines that the failure of the City to apply Subsequent Appli- cable Rules will place residents of the City in a condition substantially dangerous to their health or safety, which condition cannot otherwise be mitigated in a reasonable manner and (2) it is applied consistently and evenly to all other similar developments in the City. Subsequent applicable rules with regard to increases in existing permit fees imposed by the City (i.e., fees intended to cover the City's processing costs) and not otherwise restricted by the terms of this Agreement, may, notwithstanding the above, be imposed on Developer In the event that a state or federal law or regulation is enacted after this Agreement has been entered into, which would prevent or preclude compliance with one or more provisions of the Agreement, such provisions of the Agreement shall be modified or suspended as may be necessary to comply with such state or federal law or regulation. io 084 7600 - (i) Traffic Mitigation Fee /Traffic /Air Ouality Option Matrix The Developer's traffic impact mitigation fee, as required by the City's Traffic Mitigation Fee Resolution, shall be reduced by an amount equal to the estimated costs for those Localized Improvements identified in the Grand Avenue Corporate Center Traffic /Air Quality Option Matrix included in the Project's Initial Study as approved by the City, and as constructed by the Developer. i Any excess transportation.-related credits from any individual Project Area may be applied by the Developer against Traffic Impact Mitigation Fees for future Project Areas. The traffic mitigation fees paid by the Developer may be used as air quality credits to mitigate the project's air quality impacts if: (a) the fees are used by the City to install traffic or other improvements which improve air quality and the contracts for the improvements have been fully executed, prior to the issuance of a certificate of occupancy for the Project Area which requires air quality mitigation, and (b) the Developer demonstrates to the satisfaction of the Departments of Planning and Building Safety and Public Works that said traffic improvements installed by the City, or the Developer, mitigate air quality impacts. All options on the Grand Avenue Corporate Center Traffic /Air Quality Option Matrix are approved, however, if the Developer desires to install any of Options 2 through 7, it shall require subsequent review and approval of the Planning Commission and City Council as noticed public hearings. (b) Subsequent Discretionary Actions. With respect to any Discretionary Action or Discretionary Approval that is, or may be required subsequent to the execution of this Agreement, the City agrees ii C85 that it will not unreasonably withhold from Developer or unreasonably condition or delay any such Discretionary Action or Discretionary Approval which must be issued by the City in order for the development of the Project Site to proceed unless the City determines that (1) the failure to impose such condition would place residents of the City in a condition substantially dangerous to their health or safety, which condition cannot otherwise be mitigated in a reasonable manner and (2) such condition is applied consistently and evenly to all other similar developments in the City. Moreover, in the event that a state or federal law or regulation is enacted after this Agreement has been entered into, which would prevent or preclude compliance with one or more provisions of the Agreement, such provisions of the Agreement shall be modified or suspended as may be necessary to comply with such state or federal law or regulation 9. Cooperation and Imr)lementation. The City agrees that it will cooperate with Developer to the fullest extent reasonable and feasible to implement this Agreement. Upon satisfactory performance by Developer of all required preliminary conditions, actions and payments, the City will commence and in a timely manner proceed to complete all steps necessary for the implementation of this Agreement and the development of the Project or Site in accordance with the terms of this Agreement. Developer shall, in a timely manner, provide the City with all documents, plans, and other information necessary for the City to carry out its obligations under this Agreement. 10. Review of Compliance (a) Periodic Review. The City Manager of the City shall review this Agreement annually, on or before the anniversary of the Effective Date, in accordance with the procedure and standards set forth in this Agreement and the E1 Segundo Municipal Code in order to ascertain compliance by the Developer with the 12 "86 2600 - --, terms of this Agreement. (b) Special Review. The City Council of the City may order a special review of compliance with thil Agreement at any time but not to exceed twice per year. The Director of Planning and Building Safety or the City Council, as determined by the City Council, shall conduct such special reviews. (c) Procedure. During either a periodic review or a special review, the Developer shall be required to demonstrate good faith compliance with the terms of this Agreement The burden of proof on this issue shall be on the Developer. The parties acknowledge that failure by the Developer to demonstrate good faith compliance shall constitute grounds for termination or modification of this Agreement in accordance with Government Code § 65865.1. (d) Cure of Default. If, on the basis of review of this Agreement, the Director of Planning and Building Safety concludes that the Developer has not complied in good faith with the terms of this Agreement, then the Director of Planning and Building Safety may issue a written "Notice of Non- compliance" specifying the grounds therefor and all facts demonstrating such non - compliance. After receipt of said Notice, the Developer shall, within thirty (30) days, indicate to the City in writing the method for curing the alleged non - compliance. The Developer's failure to cure the alleged non- compliance within 120 days for non - monetary defaults and 30 days for monetary defaults after receipt of said notice (or, if not susceptible to being cured in such time, then Developer's failure during such time to commence such cure, and thereafter to diligently pursue such cure to completion), shall constitute a default under this Agreement, subject to possible termination of the Agreement as provided below. Upon completion of a periodic review or a special review, the Director of Planning and Building Safety shall submit a report to the City 13 087 2600 Council setting forth the evidence concerning good faith compliance by the Developer with the terms of this Agreement and the recommended finding on that issue. 11. Proceedings Upon Termination If the City determines to proceed with termination of this Agreement, the City shall give written notice to the Developer of *_s intention to terminate this Agreement and comply with the notice and public hearing requirements of Government Code §§ 65868 and 65867. At the time and place set for the hearing on termination, the Developer shall be given an opportunity to be heard. If the City Council finds, based upon substantial evi- dence, that the Developer has not reasonably complied in good faith with the terms or conditions of this Agreement, the City Council may modify or terminate this Agreement. 12. Modification. Amendment. or Cancellation. Subject to the notice and hearing requirements of Section 65867 of the Government Code, this Agreement may be modified or amended from time to time by mutual consent of the parties or their successors in interest in accordance with the provisions of the El Segundo Code and Section 65868 of the Government Code. 13. Term of Agreement. This Agreement shall become operative and commence upon the Effective Date and shall remain in effect for a term of eight (8) years, unless said term is terminated, modified, or extended by circumstance set forth in this Agreement or by mutual consent of the parties hereto. Following the expiration of said term, this Agreement shall be deemed terminated and of no further force and effect; provided, such termination shall not automatically affect any right of the City or Developer arising from City approvals on the Project Site prior to the expiration of the term or arising from the duties of the parties as prescribed in this Agreement. 14. Remedies For Default. It is acknowledged by the Parties that the City would not have entered into this Agreement if it were to have unlimited liability and damages under this Agreement, or with respect to this Agreement, or 00 P 8 8 2600 the application thereof. The Parties agree and recognize that, as a practical matter, it will not be possible physically, financially, and as a matter of land use planning, to restore the Site to its prior state once the construction is commenced. Moreover, Developer has invested a considerable amount of time and financial resources in planning the time, location, intensity of use, improvements and structures for the deve -lopment of the Project Site For these reasons, the Parties agree that it will not be possible to determine an amount of monetary damages which would adequately compensate the parties. Therefore, the Parties agree that monetary damages will not be an adequate remedy for either party should the other fail to perform its duties under this Agreement The Developer's remedies under this Agreement shall be limited to the right to specifically enforce the terms of this Agreement. The City's remedies under this Agreement shall also include the right to specifically enforce the terms of this Agreement. In addition to specific performance, if the Developer fails to make any payment or complete any other act or performance specified in this Agreement in a reasonable manner, the Developer shall have no further right or entitlement to any building permits or certificates of occupancy for any portion of the Site until the default has been cured in accordance with due process and as provided in this Agreement. The Parties recognize that this section may result in the limitation or cessation of the rights otherwise conferred by this Agreement upon the Devel- oper, including any of the Developer's successors, assigns, transferees, or other persons or entities acquiring title to or otherwise acquiring an interest in the Project or any portion thereof. 15. Administration of Agreement and Resolution of Disputes. All decisions by the City staff concerning the interpretation and administration of this Agreement and the Project which is the subject hereof are appealable to the City Council and all like decisions by the City Council shall be final. However, decisions of the City Council shall also be subject to judicial review pursuant to Code of Civil Procedure Section 1094.5. so long as such action is filed in a court of competent jurisdiction not later than 90 days following the 15 nFc) 2P0rr date on which the City's decision becomes final pursuant to Code of Civil Procedure Section 1094.6. 16. Notices. All notices under this Agreement shall be in writing and shall be effective when personally delivered or upon receipt after deposit in the United States mail as registered or certified mail, postage prepaid, return receipt requested, to the following representatives of the parties at the addresses indicated below: If to City: City of E1 Segundo Attn: Director of Planning and Building Safety With a Copy to: Burke, Williams & Sorensen 611 West Sixth Street 25th Floor Los Angeles, CA 90017 If to Developer: MS VICKERS II, LLC C/o Morgan Stanley Real Estate Fund, Inc. 1999 Avenue of the Stars, Suite 2000 Los Angeles, CA 90067 Attn: Mr. James R. Brooks 17. Severabilitv and Termination. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, or if any provision of this Agreement is superseded or rendered unenforceable according to any law which becomes effective after the Effective Date, the remainder of this Agreement shall be effective to the extent the remaining provisions are not rendered impractical to perform, taking into consideration the purposes of this Agreement. 18. Time of Essence Time is of the essence for each provision of this Agreement of which time is an element. 19. Force Majeure. In the event of changed condi- tions, changes in local, state or federal laws or regulations, floods, delays due to Strikes, inability to obtain materials, civil commotion, fire, acts of God, or other circumstances 16 X90 200 which substantially interfere with carrying out the Project, as approved by the City, or with the ability of either party to perform its obligations under this Agreement, and which are not due to actions of Developer and are beyond its reasonable control, the parties agree to bargain in good faith to modify such obligations to achieve the goals and preserve the original intent of this Agreement. 20. Waiver. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. 21. Constructive Notice and _-centance Every person who, now or hereafter, owns or acquires any right, title or interest in or to any portion of the Project Site is, and shall be, conclusively deemed to have consented and agreed to every provision contained herein, whether or not any reference to this Agreement is contained in the instrument by which such person acquired an interest in the Project Site. 22. No Third Partv Beneficiaries This Agreement is made and entered into for the sole protection and benefit of the Parties and their successors and assigns. No other person shall have any right of action based upon any provision of this Agreement. 23. Attornev's Fees. If action for the interpretation, cancellation or rescission of this performance for the breach hereof, be entitled to its reasonable at expenses and costs. either Party commences any enforcement, termination, Agreement, or for specific the prevailing party shall torney's fees, litigation 24 Incorporation of Exhibits. The following Exhibits are part of this Agreement and each of which are incorporated herein by this reference: Exhibit A Legal Description of Site Exhibit B Description of Project 17 UJ . . ,i# Exhibit C Site Plan Exhibit D Grand Avenue Corporate Center Exceptions to Development Standards - Plan `A' /Plan `B' Exhibit E Grand Avenue Corporate Center Initial Study and Mitigated Negative Declaration, Volume II B, Appendix I - Fiscal Impact Analysis Exhibit F y Ordinance No. 1287, (Development Agreement 98 -1) and Attachment "A," Conditions for Grand Avenue Corporate Center and Attachment "B," Mitigation Monitoring Program Exhibit G City Council Resolution No. 4063, (Environmental Assessment 430) 25. Entire Agreement: Conflicts. This Agreement represents the entire agreement of the parties. Should any or all of the provisions of this Agreement be found to be in con- flict with any provision or provisions found in the Project Approvals, Applicable Rules, or Subsequent Applicable Rules, then the provision(s) of this Agreement shall prevail. 26. Assignment. The Developer may assign and allocate its rights, and delegate its duties, under this Agreement to any party acquiring a portion of the Site. If such acquiring party assumes the Developer's obligations hereunder with respect to the acquired parcel, the Developer shall be released from its obligations hereunder with respect to such parcel. If any such assignee or its successors or assigns defaults in its assumed obligations hereunder, then the City's sole remedies shall be against such assignee or its successors or assigns, and the Developer and the owners of other portions of the Site shall have no liability, nor be subject to any remedy hereunder, with respect to the defaulting owner's default. 27. Aareement Agreement Affectina Real Property. An Agreement Affecting Real Property ( "AARP ") was recorded as Instrument 18 092 No. 84- 313091 on March 14, 1984, between the City and the preceding owner of the Site Upon execution of this Agreement by all parties, the AARP shall be superseded and become null and void. 28. Hold Harmless. The Developer hereby agrees to and shall defend, protect, save and hold the City and its elected and appointed boards, commissions, officers, agents and employees harmless from any and all claims, costs, losses, fines, penalties, demands, injuries, judgments and /or liabilities for any damages arising out of, or resulting from, the City's approval of this Agreement or either party's performance pursuant to this Agreement; provided, however, that the Developer shall not be required to indemnify the City from its active negligence or willful misconduct; and further provided that the Developer may elect to legally challenge the City's implementation or interpretation of this Agreement. IN WITNESS WHEREOF, the Parties have each executed this Agreement of the date first written above. CITY OF EL SEGUNDO By: --tL hi-t" Mayor ATTEST Cl Approveclas to form: City 19 torney 0Q 2600.E STATE OF CALIFORNIA COUNTY OF LOS ANGELES On b ` — SOJ%before, Cindy Mortesen, City Clerk of the City of El Segundo, Mike Gordon, Mayor of the City of El �egundo, personally know to me to be the person whose name is subscribed to the within instrument and acknowledge to me that he executed the same in his authorized capacity, and that by his signature on the instrument the entity upon behalf of which he acted executed the instrument Vv itness my hand and Official Seal dy o s 094 _ . MS VICKERS II, LLC JAMES R BR KS v,� oi-dWent VICEPRESIDENT By: Secretary zo p ) 2600. STATE OF CALIFORNIA ) ) ss. COUNTY OF LOS ANGELES ) On �Yurr4_ « , 190, before me, the undersigned, a Notary Public in and for said state, personally ap- peared _)&M a-, f 6r s o k-5 aff4 known to me to the persons, who executed the within instrument as Mayor and City Clerk, respectively, of the CITY OF E1 Segundo, the public agency therein named, and acknowledged to me that such Commission executed 'he within instrument pursuant to its bylaws or a resolution of its members. WITNESS my hand and official seal. Name (typed or printed) STATE OF CALIFORNIA ) ss. COUNTY OF LOS ANGELES ) On l2 , 1996 , before me, the undersigned, a Notary Public in and for said State, personall..��''Lappeared 3 t2 - 6ra,�lcs k. own to me to be theO resident of the corporation that executed the within instrument, known to me to be the person$. who executed the within instrument on behalf of MS VICKERS II, LLC, the Corporation therein named, and acknowledged to me that such Corporation executed the within instrument pursuant to its bylaws or a resolution of its board of directors. WITNESS my hand and official seal. CINDY BYUN .41-71 N Commission-_li52e53 Name (typed or N, --O'y PUD11C - COl1fOrn10 i� \= Los Angeles County MY Cam-n Fxpres AUg?3 2J07 21 V`- ed) r 9 6 OPUS® March 6, 2001 �s West Corporation Suite 1600 10940 Wilshire Boulevard Los Angeles California 90024 310 -443 -4255 Fax 310- 443 -4256 Paul Garry Associate Planner Department of Community Economic & Development Services City of El Segundo 350 Main Street El Segundo, CA 90245 -3895 Re_ Grand Avenue Corporate Center Dear Paul: 01 E C E � V 2 J MAR 0 9 2001 I am writing this letter ( "Letter Agreement ") to you on behalf of our client, Grand Corporate Center, Inc., a Minnesota corporation ( "GCC ") to memorialize the understanding of the City of El Segundo ( "City ") and GCC regarding certain design services which will be arranged and/or coordinated by GCC on behalf of the City. In order to minimize traffic impacts created by the master planned Grand Avenue Corporate Center, the City has required that certain improvements be made to certain intersections. The intersection of Sepulveda Boulevard and Grand Avenue is the only intersection that remains to be completed under the obligations described by the initial list of intersections requiring improvement. However, although not previously included, the City and the California Department of Transportation ( "Caltrans ") have found it necessary to improve the intersections of Sepulveda Boulevard and Mariposa Avenue and Sepulveda Boulevard and El Segundo Boulevard, along with additional improvements to the intersection of Sepulveda Boulevard and Grand Avenue. (Herein all of the above referenced intersections are referred to collectively as the "Intersections "). The City has requested, and GCC has agreed, to provide assistance to the City in arranging and coordinating the preparation of the design and engineering drawings for the Intersections. The City acknowledges that GCC is not obligated to arrange or coordinate the design and engineering services for the Intersections ( "Services "), except with respect to the mitigation measures for the Sepulveda Boulevard and Grand Avenue intersection However, in order to assist the City and expedite the City's ability to construct the improvements to the Intersections, GCC has agreed to perform the Services described in this Letter Agreement on the terms and conditions set forth below. GCC agrees that it will enter into a contract with PSOMAS ( "PSOMAS ") to have PSOMAS prepare engineering and construction drawings and that GCC will have PSOMAS subcontract with Crain & Associates to prepare design drawings (collectively "Engineering and Construction Drawings ") for the Intersections in accordance with requirements imposed by the City, Caltrans and other governing agencies having authority over the work to be constructed. PSOMAS and Architects Contractors Developers Opus West Corporation is a member of the Opus Group 1 r 9 J Atlanta Austin, Chicago Columbus Dallas Denver Ft Lauderdale Houston, Indianapolis Kansas City Los Angeles Miami Milwaukee Minneapolis Orange County Orlando, Pensacola, Philadelphia Phoenix Portland, Sacramento San Francisco San Jose Seattle Tampa Washington D C 0 Z 0 OPUS, Paul Garry 03106/2001 Page 2 Crain & Associates are collectively referred to herein as the Design Consultants GCC will also coordinate having the Engineering and Construction Drawings submitted to Caltrans, the City and other governing agencies having the authority over the work to be constructed. 'AM agreed that it will reimburse all reasonable and necessary casts iJOWdW430C aim ormectt i twlllsdrvwest _ Construction -%nd 4kainin the described 'but' _ C , d ' °'i eeeS3'$t'jJ Cn _ ,AV-qCRANW p aver, C and OW = „ AW*WW eut,of- ock d l me '�GW'f 6dr&edivn"*fiM 'ft preparation 4�ngineer ng an� Ca _ *ad zvACm=k=wn Dmwms to 4!i iid�dioiactiolYC+rmai�� atttkiorizing the work to the Intersections (collectively, "Expenses "). The City shall have the obligation to pay any fees required by Caltrans as a condition to issuance of the Construction Encroachment Permit. If requested by GCC, City shall pay such fees within sixty (60) days after request by GCC The City shall reimburse the Expenses to GCC no later than sixty (60) days after (i) delivery to the City by GCC of invoices and other reasonable backup information evidencing the Expenses and (u) the date which is the earlier to occur of any of the following: (a) GCC obtains approval from Caltrans for the issuance of a Construction Encroachment Permit on behalf of the City or (b) Caltrans issues the Construction Encroachment Permit or (c) the termination or abandonment of the Services by the City. The City hereby irrevocably and unconditionally releases GCC and its partners, officers, directors, shareholders, affiliates, attorneys, agents and successors and assigns (specifically excluding PSOMAS and Crain and Associates) ( "Released Parties ") from liability arising from or attributable to the Engineering and Construction Drawings and Services arranged and/or coordinated by GCC under this Agreement, excluding liability arising from the active negligence or intentionally wrongful conduct of the Released Parties. The City further agrees to indemnify, defend and hold the Released Parties harmless from all liability arising from or attributable to the Engineering and Construction Drawings and Services arranged and/or coordinated by GCC under this Agreement, excluding liability arising from the active negligence or intentionally wrongful conduct of the Released Parties. The City acknowledges that GCC is providing the Services as an accommodation to the City and that in no event will GCC have any liability as a result of the selection of the Design Consultants or the performance of the work by the Design Consultants. With respect to the Released Parties, the City expressly waives any of its rights against the granted under California Civil Code Section 1542 which provides as follows• "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." The parties acknowledge that the scope of GCC's services, provided for herein, do not include any supervision, management or technical assistance or oversight of the design, bidding or r 9 8 A : OPUS. Paul Garry 03/06/2001 Page 3 construction phase of the Intersection improvements The City also agrees that GCC will not incur any costs relative to the improvements to the Intersections other than GCC's share of traffic mitigation fees as identified in the development agreement for GCC's property. Although this is a Letter Agreement, City and GCC acknowledge that this is a binding agreement of the parties. In the event of any dispute between the parties regarding the enforcement of this Letter Agreement, the prevailing party shall be entitled to a reasonable sum for attorneys' fees and costs incurred in connection with such dispute. By execution of this Letter Agreement each party warrants and represents that it has full power and authority to execute this Letter Agreement. This Letter Agreement shall be governed and enforced in accordance with the laws of the State of California Please acknowledge your agreement to the foregoing by executing this Letter Agreement in the space set forth below. TIE CITY OF EL SEGUNDO By: Name: Mike Gordon Title: Mayor of City of El Segundo GRAND CORPORATE CENTER, INC., a Mine a corpora on By Name: tP. O0C-LLF,.00 Title: 0 9�i City of El Segundo INTER- DEPARTMENTAL CORRESPONDENCE Date: March 16, 2001 TO: Honorable Mayor Mike Gordon i FROM: James M Hansen, Director of Community, Economic and Development Services STAFF PLANNER: Paul Garry, Senior Planner SUBJECT: Letter Agreement for Engineering Services for Sepulveda Boulevard Traffic Improvements Attached for your signature is the final "Letter Agreement" between Opus West (the successor -in- interest to Kearny Real Estate) and the City of El Segundo for the traffic engineering design services they have agreed to perform for traffic improvements along Sepulveda Boulevard. Some of these improvements are required mitigation for the Grand Avenue Corporate Center (GACC) Project Others are additional improvements requested by the City and Caltrans The City has executed a cost sharing agreement (approved by the City Council on September 26, 2000) in place with Caltrans to fund the construction of these improvements This Agreement is for engineering services to be provided by Opus West The Letter Agreement has been reviewed and approved as to form by the City Attorney's office. Please call me at x2313 if you have any questions cc Mary Strenn, City Manager Cindy Mortesen, City Clerk Mark Hensley, City Attorney Bellur Devaraj, City Engineer P \Piammng & Building Satety\PROJECTS\426- 450 \EA -030 \3 -15 -01 cc -memo doc 1C0 04/17/2002 09:23 FAX 949 622 1951 W OPUS,~ THE OPUS GROUP A R C H I T E C T S C 0 N T R A C T O R S D E V E L 0 P E R S April 10, 2002 Mr. Bellur Devaraj City Engineer City of El Segundo 350 Main Street El Segundo, CA 90245 OPUS WEST 1 001/001 Re: Grand Avenue Corporate Center (Job #262.00) Off -site Intersection Design Work Reimbursements Dear Mr. Devaraj OPUS WEST CONSTRUCTION CORPORATION A member of The Opus Gmup 2020 Main Street, Suite 800 Irvine, CA 92614 Phone: 949 -622 -1950 Fax 949 -622 -1148 www opuscorp coin VIA FACSIMILE -(310) 640 -0489 As stated in the Letter Agreement, dated March 06, 2001, between the City of El Segundo ("City") and Grand Corporate Center, Inc. ( "GCC), the City is obligated to reimburse GCC, within 60 days after receiving a request to do so. On February 15, 2002 Opus West Construction Corporation submitted a request for payment (invoice #262.00 -02) on behalf of GCC for the final costs to complete the Services per that agreement. We are once again requesting a check for $77,481.31 is issued to: Grand Corporate Center, Inc C/o Opus West Construction Corporation 2020 Main Street, Suite 800 Irvine, CA 92614. Grand Corporate Center, Inc. is entitled to the reimbursement of these costs as allowed for under the Development Agreement by and between the City of El Segundo and M.S Vickers Re LLC through assignments made during the purchase and selling of the property. Please call me if you have any questions regarding this issue at 949 -622 -2191. Sincerely, Opus West Construction Corporation Jason Bent Project Manager cc: file, Gary Toeller- GCC /OWC- (310) 443 -4256 ] 0 1 f OPUS GROUP Allenmwn - Atlanta • Ausun •Chicago • Columbus • Dallas • Denver- Detrott • Fort IAudardale • Houston • indiaoapolls • Kansas City •Los Angeles, Wtwaukee, EL SEGUNDO CITY COUNCIL MEETING DATE: May 7, 2002 AGENDA ITEM STATEMENT AGENDAHEADING Consent Agenda AGENDA DESCRIPTION. Consideration and possible action awarding contract to Denboer Engineering and Construction, Inc , for the rehabilitation of Sanitary Sewer Pump Station No 4 (1501 East Holly Avenue), Project No PW 02 -03 - Approved Capital Improvement Program - (estimated cost = $830,000 00) RECOMMENDED COUNCIL ACTION Recommendation — (1) Award contract to the lowest responsible bidder, Denboer Engineering and Construction, Inc , in the amount of $752,000 00, (2) Authorize the City Manager to execute the contract on behalf of the City, (3) Authorize $78,000 00 for construction management and construction contingencies, (4) Alternatively discuss and take other action related to this item BACKGROUND & DISCUSSION The City Council on February 19, 2002, adopted plans and specifications for the rehabilitation of Pump Station No 4 and authorized staff to advertise the project for receipt of construction bids On April 16, 2002, the City Clerk received and opened bids The lowest responsible bidder, Denboer Engineering and Construction, Inc , has previously been awarded a contract by the City of El Segundo for rehabilitation of sanitary sewer pump stations The low bidder's references were favorable and staff recommends award of contractto the lowest responsible bidder, Denboer Engineering and Construction, Inc The total cost of this project, including costs forthe construction manager and construction contingencies, is $830,00000 ATTACHED SUPPORTING DOCUMENTS, 1 Bid results 2 Location map FISCAL IMPACT. Capital Improvement Program. Amount Requested, Account Number Project Phase ORIGINATED BY 6 $1,612,400 00 $ 830,000 00 302 - 400 - 8204 -8468 Award of contract No Andres Santamana, Director of Public Works DATE: April 29, 2002 1191 N %COUNCIL MAY 07 05 (MoMay IN 29 02 3 00 P M I i tr BID RESULTS Name of Company Denboer Engineering & Construction, Inc Falcon Caliagua, Inc Beador Construction Company, Inc Clarke Contracting Corporation Cora Constructors Pascal & Ludwig Constructors Amount $752,00000 $789,45400 $908,43800 $918,70000 $957,90800 $977,11300 $1,069,000 00 N \COUNCIL MY 07 06 (Monday 02 2402 3 00 P M ) 103 r, O N T u I a° c 2 N A O OF "tl local 413 P&M E` ES 'p6 , wall° n IMUL A_ N li W W, J 1p 43i30N• S0i 3NYON1MtN d0 Ally e O W IA1Nf10o AM, ocWlll� YO1WNttw t]WYt � y Z OA,, 003 10 Nat i J Yaaya10 Y f U e � Yl Y : � \` W x q w• a n s 0 � YO a f W F aMtIYA � _• is .IMO1 \ N r, O N T u I a° c 2 N A O OF "tl local 413 P&M E` ES 'p6 , wall° n IMUL Latl] N li WteYl 1p M 1]Yln Q Fl } ° T ocWlll� YO1WNttw t]WYt � a Is fNY0a110 J Y f � MOt]YO S a O M.wW wa 3 s 0 � YO a W F aMtIYA � _• is .IMO1 n nWals J T is �ilY11W) W u j AMS CeCIM z W u I1 ann N O J f_ r, O N T u I a° c 2 N A O OF "tl local 413 P&M E` ES 'p6 , wall° _ D M VIM If EA MSim 441 f n a u �k AYY YYt. .j tYx U W e Il e = .OItIOOt 7 A � 1M tY0 �7M 1111 LL ]M lat1YY y I ]111 LL_ =I M M 11I.W 1.. U Y ]M a1l.oc C ]M 31112]. V —=B.. lawn., O OY 1WYO011 GO 3.1.110 nV w N aw n N 9 . < � tiL a v Y LL 0 < e a 104 wL N li WteYl Fl 1t is is ocWlll� YO1WNttw t]WYt � Is fNY0a110 1t MOt]YO S Z L lS M.wW wa 3 pp? y YO "1YtMI0 is aMtIYA is .IMO1 it nWals is %%M, IS .0als.5 is .Y]Y. f_ It OY.W LLi if Y1111 1s 0=26Y IS 0.0"01 1f 1N19nA is tYl11M. is RSU 1.01 ` if 1SA.211M _ D M VIM If EA MSim 441 f n a u �k AYY YYt. .j tYx U W e Il e = .OItIOOt 7 A � 1M tY0 �7M 1111 LL ]M lat1YY y I ]111 LL_ =I M M 11I.W 1.. U Y ]M a1l.oc C ]M 31112]. V —=B.. lawn., O OY 1WYO011 GO 3.1.110 nV w N aw n N 9 . < � tiL a v Y LL 0 < e a 104 EL SEGUNDO CITY COUNCIL AGENDA ITEM STATEMENT AGENDA DESCRIPTION MEETING DATE. May 7, 2002 AGENDAHEADING. Consent Agenda Consideration and possible action for awarding contract to All American Asphalt for the reconstruction of Duley Road, between Grand Avenue and Manposa Avenue - Approved Capital Improvement Program — Project No PW 02 -07 (estimated cost = $245,725 00) RECOMMENDED COUNCIL ACTION Recommendation — (1) Approve contract to the lowest responsible bidder All American Asphalt, (2) Authorize the City Manager to execute the contract on behalf of the City, (3) Authorize $25,000 00 for construction management and construction contingencies, (4) Alternatively discuss and take other action related to this Item BACKGROUND & DISCUSSION, On April 2, 2002, the City Council adopted plans and specifications and authorized staff to advertise the project for receipt of construction bids The scope of the protect includes removal and reconstruction of the existing deteriorated pavement and construction of new curb and gutter improvements Some curb and gutter improvements have been constructed on the westside of Duley Road in conjunction with the Douglas Street Tech Center development and these improvements will be retained On April 23, 2002, the City Clerk received and opened bids as shown on the attached bid results ATTACHED SUPPORTING DOCUMENTS Bid results 2 Location map FISCAL IMPACT Capital Improvement Program, $316,00000 Amount Requested $245,72500 Account Number 106 - 400 - 8203 -8493 Project Phase. Award of contract Appropriation Required, No ORIGINATED BY // DATE- April 29, 2002 Qn Andres Santamana, Director of Public Works REVIEWED BY. , /I DATE Mary Strenn, COUNCIL MAY 07 W (IMM, 0128102) 100 P M) 17 1 1! J COMPANY NAME All American Asphalt Sully Miller Sequel Contractors Shawnan BID RESULTS BID AMOUNT $220,72500 $222,64250 $228,70750 $229,35000 Excel Paving Company Silvia Construction $290,34400 COUNCIL MAY W 06 (MaMay 04a9/03)100 P M ) 106 W O J IA1N007 97179N1 SOl = % F i 1' °•L a a as aaa �eaa II II II I w s•lw + LJ LI LI LI ICJ LI LILJI 0 1 a J t I 2 � � ` • illl 1 < a i � T � � fCarfWl W .� 1r. fMIM 0 z � < Y1 f Y S LTM O J nn =Z77F;�RF J W u z as N 0 J ti ,C V I f'�If �3J <'• qem Stu L% N S I n o LO — 0f Cll , 1 iMUON1M0N 40 .LL1Z 00710 MK z O N Y R•'°N L f.wflll ss wearwwf•w Sf wfY•. of ••Irw.l•f u wwsro u wWYrl ss rn.» llf wTR1N at M•lYA u •awn u •Rm u wo• of w lf1. if .wfr• n w!♦IwMwM u er.A•af A •Ow of OwOwwN• L Ow0]w0! of w+w, la RYwi Lf •l.w A l z a u i W � u _ o t 0 �� MINM• w i i Sh + Gum Mwl C1 L Yw •� 1R wwa _ Y < W O 2 F t t z RfnMyff + MM. CCJ. y +•a O � 7W. 111w1R � s•LLafrwM � s wl•• u � 11IA 7r NNNN Y liWl•1 i i M afw , w a \x- lz z CD W W N O J I W CL lu J r U 2 107 EL SEGUNDO CITY COUNCIL MEETING DATE: May 7, 2002 AGENDA ITEM STATEMENT AGENDA HEADING. Consent AGENDA DESCRIPTION- Consideration and possible action authorizing staff to release payment of $472,648 to Southern California Edison (SCE) for work completed related to the Sepulveda Boulevard Widening Project. RECOMMENDED COUNCIL ACTION: Recommendation — (1) Authorize staff to Issue check for $472,648 to Southern California Edison; (2) Alternatively discuss and take other action related to this Item. BACKGROUND & DISCUSSION* Southern California Edison invoiced the City of El Segundo for $650,033, the final payment for work completed by SCE related to the Sepulveda Boulevard Widening Project The City is currently disputing administrative charges related to the project of approximately $177,385 The dispute surrounds SCE's administrative rate This rate fluctuated over the life of the project from a high of 38 17% of SCE's project expenses to a low of 15 68% Staff questioned the rate during a review of SCE's supporting material and argued that It was excessive. Instead, staff proposed using an average administrative rate or 16 9% over the life of the project, which reduced the invoice amount by $177,385. Currently no resolution has been reached regarding this issue However staff Is recommending the City pay $472,648 ($650,033 - $177,385) of the total invoice since this amount is not in dispute ATTACHED SUPPORTING DOCUMENTS: None FISCAL IMPACT- Operating Budget: $650,000 Amount Requested. $472,648 — of which $411,000 will be offset by an MTA Grant Account Number: 301 -400- 8203 -8422 Project Phase: Appropriation Required: _ Yes X No Fo< VoL e m . Director Administrative Services REVIEWED BY: DATE: Mary StL5W, City Manager /di 18 EL SEGUNDO CITY COUNCIL MEETING DATE- MAY 7, 2002 AGENDA ITEM STATEMENT AGENDA HEADING. CONSENT AGENDA DESCRIPTION: Consideration and possible action regarding approval to sell or dispose of all personal property which has become unsuitable for City use including unclaimed Police property RECOMMENDED COUNCIL ACTION* (1) It is recommended the City Council declare vehicles, equipment and miscellaneous supplies surplus including unclaimed Police property and authorize the Risk Manager /Purchasing Agent to sell items at auction or for scrap, use as trade -in on new equipment /supplies, or otherwise dispose of at his discretion, subject to Administrative Services Director approval; (2) Alternatively discuss and take other action related to this item BACKGROUND & DISCUSSION: The purpose of this request is to sell or dispose of unclaimed property and surplus City property pursuant to City of El Segundo Municipal Code Section 2 48 060 that may otherwise require storage and security Continued on page 2 ATTACHED SUPPORTING DOCUMENTS Equipment to be surplused and unclaimed Police property list FISCAL IMPACT: Operating Budget: Amount Requested, Account Number- 001 - 300 - 0000 -3901 Protect Phase: Appropriation Required. -Yes X No ORIGINATED BY: DATE: Bret Plumlee Director Administrative Services REVIEWED BY- DATE: Ma Qt' C t M If -2 -5"-o L /O� Z ry enn, i y anager 19 10:3 BACKGROUND & DISCUSSION: The list of items to be sold combines unclaimed property with property deemed surplus /unsuitable to City needs. All departments have reviewed the combined list in order to allow redeployment of equipment and goods where appropriate The last request for disposal of surplus items was approved by City Council July 17, 2001 110 April 24, 2002 MASTER LIST - EQUIPMENT TO BE SURPLUSED — MAY 2002 ADMINISTRATIVE SERVICES ITEM DESCRIPTION (INCLUDING MODEL NO) SERIAL NO TAG NO LOCATION Laptop, Dell Inspiron 7000 PN0005833e- 12961 -196p -3028 02127 City Hall— West Garden 4 Cell Phones, Nextel (2- 1370x1 & 2 -1600) & 1 car charger City Hall— West Garden 5 Misc Software Programs City Hall— West Garden Typewriter, IBM WW15 Sln 11 -P6121 00399 City Hall— West Garden CEDS ITEM DESCRIPTION (INCLUDING MODEL NO) SERIAL NO TAG NO LOCATION 2 Upholstered Armchans Standard Street Basement CPU, Monitor, keyboard & mouse 8460369 02139 Planning Dept POLICE ITEM DESCRIPTION (INCLUDING MODEL NO) SERIAL NO TAG NO LOCATION (26) CHAIRS & ACCESSORIES Various colors) SURPLUS STORAGE (6) TABLES (2) SHELVES (5) DESKS vanous colors & types MICROWAVE OVEN (BLACK) DWG# 4941364P1 PRINTER /FAX/COPIER (XEROX) #00456 COPIER/FAX (XEROX) #00049 DISHWASHER (THERMADOR) TYPEWRITER #00099 (3) typewnters 00021- 00155 00161 1 gray desk 1073 canon 35mm 3730910 pentax 35mm 6247565 7716001 7789036 9538103 2336401 2497388 zoom lens 22115534 viuitar flash 5236691 canon 38mm H27586 ncoh 35mm 29264914 canon 35mm 1175123 ncoh 35mm 29155037 kenlock lens 301371 polaroid M9E2REY3VA J9N33U82VA B872PRM B7C289KONA graflex D44923 no serial Battery charger 4517P0003 ge camcorder 452340119 son handycam 35310 CPU, monitor & accesones 01100 01110 01097 01109 00834 01 -02 EQUIPMENT TO BE SURPLUSED - AGENDA LIST - 5 -7 -02 doc Page 1 of 4 111 April 24, 2002 MASTER LIST - EQUIPMENT TO BE SURPLUSED - MAY 2002 POLICE EVIDENCE EVIDENCE I ITEM DESCRIPTION (INCLUDING MODEL NO) I SERIAL NO I TAG NO I LOCATION DR NO 01 -0058 FOLD OUT REC CHAIR 00831 SURPLUS STORAGE BLDG 01 -2734 00831 6425820 8 -COASTERS DPT0795K228 0697990912953 069719909129518 06979909129512 0697990912959 0697990912958 01102 01117 01112 01107 01114 01115 01103 01098 01108 (4) Phones (Black & Tan) Blue power port EXP 18526 Blue T -Hub 1002239 Whit T -Hub 009823 HP Printer 00167 00150 00176 Crag CD player 164238953 Samsung monitor HIVC00202 Edison monitor H2100542 Micheal Jordan Plaque 1 Powerstnp NEC Monitor 2E786021 HP& Microkne printers Magnavox VCR 53153097 PUBLIC WORKS ITEM DESCRIPTION (INCLUDING MODEL NO) SERIAL NO TAG NO LOCATION Probe CPU, Monitor, model #MM1428 67659 00676 PW - WATER Probe CPU, Monitor, model #MM1428 129395063 00700 (6) Chairs, 4leg, various colors PW -YARD Computer, Dual 8377041 00815 Computer, Epson 0025A21599 00874 Unit 6544, Edger, model 801 -3RP 155546 Calculator, Texas Instruments Echo Blower PB -210E Type 1 -E POLICE EVIDENCE EVIDENCE I ITEM DESCRIPTION (INCLUDING MODEL NO) I SERIAL NO I TAG NO I LOCATION DR NO 01 -0058 FOLD OUT REC CHAIR SURPLUS STORAGE BLDG 01 -2734 BLK LTHR BAG 8 -COASTERS 01 -02 EQUIPMENT TO BE SURPLUSED - AGENDA LIST - 5 -7 -02 doc Page 2 of 4 112 April 24, 2002 MASTER LIST - EQUIPMENT TO BE SURPLUSED - MAY 2002 01 -02 EQUIPMENT TO BE SURPLUSED - AGENDA LIST - 5 -7 -02 doc Page 3 of 4 I 13 6 YELLOW METAL CLOCKS 7 YELLOW METAL WATCH COMPASICLOCK CUBECLOCK LE GRAND CLOCK DESKTOP CLOCK DESK SET WI WATCHES 00 -1171 TIMEX WATCH SILVER RING SILVER NECKLACE 'RAY BAN' SUNGLASSES 'SOUTH BEND' POCKET WATCH 01 -2308 RED "MOTIV" MOUNTAIN BIKE SILVER "CANNONDALE" MOUNTAIN BIKE 01 -1796 "SYMPHONIC" VHS RECORDER (CITY USE) 00 4002 BED TRAY 2 CORDLESS PHONES 'V TECH" 2 PLAY STATION CONTROLERS 2 SONY MINI SPEAKERS 19 MISC MUSIC CD'S 19 MISC VIDEO GAMES 00 -0009 PORTABLE CD PLAYER 01 -3258 SUITCASE WISONY HANDY CAM WHITE NECKLACE 01 -3085 SILVER BRACELET 013583 DYNO 20" BIKE 013295 LIGHT GREEN WOMENS BIKE 013154 BLK BOYS BMX BIKE 013509 6" FRAME MAGNA KIDS BIKE 01 -2155 SCHWIN BEACH CRUISER BILK 01 -3983 HUFFY BEACH CRUISER MONGOOSR BMX BIKE 99191200983 01 -2532 SILVER BMX BIKE 00 -3906 Curre Go -Ped 00 -3413 CD Case WI-150 CD's 99 -1013 Casio Pocket Viewer 99 -1013 Video CD Player S031-1771-0595 99 -1013 Misc CD's ( -20) 99 -1013 Two Cigar Humidors 99 -1013 IBM Laptop Computer 73724 -FA -E 99 -1013 Four Pentax Camera Cases 99 -1013 Panasonic CD Player FA4FA67350 99 -1013 Pentax Camera 675503 99 -1013 Pentax Camera 5469602 99 -1013 Pentax Camera 5469609 99 -1013 Pentax Camera 5469610 99 -1757 Gumball Machine 99 -2408 Rawlings Baseball Glove 00 -3413 Black JBL Speaker 97 -1246 GoitarAmplifer 00 -1908 Rhapsody Radio LI39710270030 01 -02 EQUIPMENT TO BE SURPLUSED - AGENDA LIST - 5 -7 -02 doc Page 3 of 4 I 13 April 24, 2002 MASTER LIST - EQUIPMENT TO BE SURPLUSED - MAY 2002 99 -0029 Toshiba AMIFM Radio OY510673 00 -3547 Giant Mountain Bike Cl000833 00 -1851 GT Ladies Mountain Bike P7F24877 01 -1690 Children Tricycle 8510 -33TAR 01 -3089 Children Bike ACY3J01206 01 -2426 Pottery Wheel 00 -3413 Misc Speaker —98-4240 Luggage 98 -1807 Misc Olympus Camera Equipment 98 -1807 Misc Equipment 984281 Boogie Board 01 -1403 scooter 00 -2703 skateboard 00 -3881 99 -1888 suitcase 99 -2158 3 VCR's 99 -0029 VCRIRadiolstaci 99 -0384 Kodak Camara 99 -0029 Canon Camera 96 -1330 Sony Walkman 00 -3414 Samsung Phone 00 -3414 Celestron Binoculars 00 -3414 Whistler Radar Detector 1916407 00 -3414 Standard Scanner 31U480180 00 -3414 Truck Tracker Scanner 96012702 96 -1330 Box of -50 CDs 99 -0384 Panasonic CD Player FA7HFA5774 99 -0384 Roller Blades 00 -3413 CD Case WI -80 CDs 00 -3413 Black Leather Case WI -180 CDs 97 -1246 Guitar 99 -1025 3 Suitcases WI Misc Clothing 00 -3413 Misc Antennas 00 -3413 JBL Car Stereo Amp HCM001 -03122 95 -1860 Misc Foreign Currency and Coins Misc American Coins 97 -1013 Sharp Watch 97 -1013 Woman's Bulvoa Watch 98 -3023 Misc Jewelry 98 -1807 Two Watches 98 -2163 MGA VCR UR371540324 00 -1785 Collector Cards, Record Albums Evidence Annex 99 -1761 Collector Cards 00 -2827 Collector Cards, CDs, Misc Car Radios, Boogie Board 00 -3605 Skateboard 00 -3219 Scooter 19101 01 -02 EQUIPMENT TO BE SURPLUSED - AGENDA LIST - 5 -7 -02 doc Page 4 of 4 EL SEGUNDO CITY COUNCIL MEETING DATE- May 7, 2002 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action regarding Amendment No 1 to a professional service contract with Rosenow Spevacek Group, Inc for additional real estate consulting services on an as needed basis related to the leasing of real property at 121 W Grand Avenue. The amount to be paid to the consultant under this amendment would not exceed $10,000 The total cost of the revised contract would not exceed $19,995 RECOMMENDED COUNCIL ACTION: 1 Approve a $10,000 amendment (No 1) to Contract No 2977 with Rosenow Spevacek Group, Inc for real estate consulting services 2 Alternatively discuss and take other action related to this Item BACKGROUND & DISCUSSION, On February 1, 2002, the City entered into Contract No 2977 with Rosenow Spevacek Group, Inc for real estate consulting services on an as needed basis related to the leasing of real property at 121 W Grand Avenue The original contract amount was $9,995 Lease negotiations have not been completed and it is anticipated that necessary expenditures will exceed the original budget ATTACHED SUPPORTING DOCUMENTS: 1 Draft Contract Amendment No 1 with Rosenow Spevacek Group, Inc FISCAL IMPACT Operating Budget $58,745 Amount Requested- $10,000 Account Number: 001 -400- 2401 -6214 Project Phase. N/A Appropriation Required —Yes _X _ No ORIGINATED BY: DATE- S-/ //'D (�\ 'C_n-O_ M Hansen, Director of Community, Economic and Development Services DATE: , City Manager slaL. 1 1 5 20 AMENDMENT NUMBER ONE TO THE PROFESSIONAL SERVICES AGREEMENT (CONTRACT NO. 2977) FOR REAL ESTATE CONSULTING SERVICES BETWEEN THE CITY OF EL SEGUNDO AND ROSENOW SPEVACEK GROUP, INC. The Professional Services Agreement for Real Estate Consulting Services by and between the City of El Segundo, Municipal Corporation of the State of California (hereinafter "CITY ") and Rosenow Spevacek Group, Inc (RSG) (hereinafter referred to as "CONSULTANT') is hereby amended to revise Exhibit B, Compensation, as follows* Fee For the work outlined in Exhibit A of this contract, Consultant will be compensated a not to exceed fee of $19,995 APPROVALS CITY OF EL SEGUNDO By Mike Gordon, Mayor Date ATTEST Cindy Mortesen, City Clerk Date CONSULTANT ROSENOW SPEVACEK GROUP. INC Felice Acosta, Vice - President APPROVED AS TO FORM; Mark D Hensley, City Attorney 116 EL SEGUNDO CITY COUNCIL MEETING DATE May 7, 2002 AGENDA ITEM STATEMENT AGENDA HEADING: Consent AGENDA DESCRIPTION. Consideration and possible action regarding approval of the release of the City of El Segundo's portion ($9,509) of the Juvenile Accountability Incentive Block Grant (JAIBG) to the Los Angeles County District Attorney's Office COUNCIL ACTION: (1) Approve the release of the JAIBG funds and authorize the City Manager to sign the waiver authorizing the Office of Criminal Justice Planning, to transfer award funds, allocated underthe JAIBG 2002, to the Los Angeles County District Attorney's Office (2) Alternatively discuss and take other action related to this item BACKGROUND & DISCUSSION, The Office of Criminal Justice Planning is entering the fourth annual application period for the Juvenile Accountability Incentive Block Grant (JAIBG) The 2002 -2003 allocation to the City of El Segundo is $9,509 The past three years, the City of El Segundo has released our portion of the JAIBG to the District Attorney to fund personnel and prosecution programs aimed at juvenile prosecution and intervention The District Attorney is again requesting we consolidate our funds with those of local agencies in our surrounding area to create a coalition These funds will be used in programs that will specifically benefit the City of El Segundo as well as our neighboring police agencies ATTACHED SUPPORTING DOCUMENTS: Waiver of direct sub grant from City of Segundo FISCAL IMPACT: Operating Budget: N/A Amount Requested: N/A Account Number: N/A Project Phase: N/A Appropriation Required. _Yes x No of Police DATE: City Manager 3 %°Z 117 21 City of El Segundo Inter - Departmental Correspondence April 21, 2002 To: J 0 Wayt, Chief of Police From: Carlos Mendoza, Administrative Sergeant 2 Subject: Juvenile Accountability Incentive Block Grant a- PROPOSAL The- Office of Criminal Justice Planning (OCJP) has informed us that we are now entering the fourth annual application period for the Juvenile Accountability Incentive Block Grant (JAIBG) Last year the City of El Segundo released their portion of the JAIBG to the Los Angeles District Attorney's Office to help fund prosecution programs and the funding of additional prosecutors It is proposed to again release the 2002 allocation of $9,509 to the Los Angeles County District Attorney's Office BACKGROUND For the past three years, the District Attorney's Office has utilized its share of Los Angeles County's JAIBG funds to place one senior Grade IV deputy district attorney in each of the county's nine juvenile court offices to enhance prosecution efforts In addition, the funds are used to support four prosecution programs they select HEAT (Heightened Enforcement and Targeting, a juvenile gang prosecution program), the 707 prosecution program focused on serious, violent juvenile offenders, ACT (Abolish Chronic Truancy); and JOIN (Juvenile Offender Intervention Network), a diversion program for first -time, non - violent juvenile offenders The programs at the local District Attorney's Office in Inglewood and Torrance benefit greatly from these funds because it allows the South Bay cities to pool their money and meet the needs of the South Bay. The JAIBG programs administered by the DA's office have proven successful in not only the South Bay but in Los Angeles County as a whole Since September of 1999, when the HEAT program first went on -line, the Deputy District Attorney in Inglewood has successfully prosecuted numerous cases While these were not directly related to El Segundo, we do benefit from these convictions by participating in a combined effort to address criminal activity proactively before it affects the residents of El Segundo RECOMMENDATION It is recommended that we continue to participate in the Los Angeles County District Attorney's Office juvenile prosecution /intervention programs, and release our portion of the JAIBG to them Reducing juvenile crime by sharing our resources in a regional approach would be far more effective than the efforts we, as an individual agency, could accomplish 1119 WAIVER OF DIRECT SUBGRANT AWARD FROM UNIT OF LOCAL GOVERNMENT I Mary Strenn, City Manger (Name ! Title) the legally authorized administrative officer (City Manager /City Administrator) of City of E1 Segundo (Name of waning unit of local government) authorize the State of California, Office of Criminal Justice Planning, to transfer award funds, allocated under the, Juvenile Accountability Incentive Block Grant (JAIBG) 2002, in the amount of $ 9,509 , to LOS ANGELES COUNTY DISTRICT ATTORNEY'S OFFICE (see attached letter) Authorized Official's Signature Authorized Official's Typed Name Mary Strenn Authorized Official's Typed Title City Manager Date Executed Waivong Unit of Local Government Official Seal or Notary Stama is required below: 1 1 `) EL SEGUNDO CITY COUNCIL MEETING DATE. May 7, 2002 AGENDA ITEM STATEMENT AGENDA HEADING, eozas>; , r AGENDA DESCRIPTION: Consideration and possible action regarding approval of Memorandum of Understanding between the 61St Security Forces Squadron, 61st Air Base Group, Los Angeles Air Force Base ( LAAFB) and the City of El Segundo in order to establish mutual understandings regarding Security Forces law enforcement activities in the City of El Segundo RECOMMENDED COUNCIL ACTION (1) Authorize the City Manager to enter Into an agreement with the LAAFB using the attached Memorandum of Understanding (2) Alternatively discuss and take other action related to this item BACKGROUND & DISCUSSION: Pursuant to Penal Code § 830 8(b), in December 1999, El Segundo Police Chief gave consent for Security Squadron police officers to enforce state and local laws on property owned by the United States Government and on property adjacent thereto Security Forces Squadron police officers complying with the training requirements of Penal Code § 832 are considered California peace officers when engaging in state or local law enforcement if the local city's police chief gives written consent for such activities The parties to the proposed MOU are establishing standards in areas such as training, enforcement of state and local laws, emergency responses, crime reporting, arrests, and booking of evidence and property ATTACHED SUPPORTING DOCUMENTS Proposed Memorandum of Understanding Letter dated December 13, 1999, giving authorization per Penal Code § 830 8(b) FISCAL IMPACT. Operating Budget: N/A Amount Requested: 0 Account Number. NIA Project Phase If this is a multi -phase project, state what phase this represents Appropriation Required. Yes x No of Police A 1 J� Mary nn, City Manager %oz 1 12 0 22 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF EL SEGUNDO AND THE SPACE AND MISSILE SYSTEMS CENTER, LOS ANGELES AIR FORCE BASE, FOR ENFORCING STATE AND LOCAL LAWS THIS MEMORANDUM OF UNDERSTANDING ( "MOU ") IS made and entered into this day of May, 2002, by and between the CITY OF EL SEGUNDO, a California municipal corporation and general law city ( "CITY ") and the 61ST SECURITY FORCES SQUADRON, 61ST AIR BASE GROUP, SPACE AND MISSILE SYSTEMS (AFSPC), Los Angeles Air Force Base ( "AFB "), California ( "6151 SFS ") ARTICLE I — RECITALS. Section 1.01 The Parties enter into this Agreement with reference to the following facts, objectives, and understandings. A Pursuant to California Penal Code § 830 8(b), civilian police officers employed by the 61St SFS ( "DoD Police Officers ") who have completed the training requirements mandated by Penal Code § 832 are considered California peace officers when engaging in state or local law enforcement if CITY's police chief gives written consent for such activities B The 615` SFS is responsible for enforcing Federal, state, and local laws on the installation at the Los Angeles AFB, California Los Angeles AFB is located in CITY's jurisdiction. C On December 13, 1999, CITY's police chief gave consent for 6151 SFS officers to enforce state and local laws on property owned by the United States Government and on adjacent streets, sidewalks, and property A true and correct copy of such consent is attached as Exhibit "A." Such consent is reaffirmed by this MOU D The Parties to this Agreement believe that it is in the public interest to establish mutual understandings regarding the 6151 SFS's law enforcement activities within CITY's jurisdiction and for mutual aid ARTICLE II — TRAINING Section 2.01 The 61" SFS will ensure that only those civilian police officers who have completed the training mandated by California Penal Code § 832, or the equivalent thereof as certified by California Peace Officers Standards and Training ( "POST "), are authorized to engage in local law enforcement as contemplated by this Agreement The authority granted DoD Police Officers under this Agreement does not extend military personnel assigned to the 6151 SFS Members of the armed forces are not considered to be peace officers for the purpose of this Page 1 of 9 121 Agreement and may not act pursuant to California Penal Code § 830.8(b) on streets, sidewalks, and property adjacent to Los Angeles AFB Section 2.02 The 6155 SFS agrees to provide CiTY's police department ( "ESPD ") bi- annually with copies of training certificates for those SFS officers authorized to conduct local law enforcement SFS will keep all original training certificates and any supporting documentation Section 2.03 The Parties agree to foster joint training for improving officer skills and working relationships Training managers from ESPD and the 6155 SFS will communicate and develop training opportunities to benefit police officers from both agencies and conduct periodic training exercises Where possible, these exercises will emphasize interface, communication, and command and control issues Scenarios should include backup procedures, mutual aid, and joint operations ARTICLE III — LAW ENFORCEMENT ACTIVITY. Section 3.01 Subject to the restrictions in this MOU, DoD Police Officers employed by the 61" SFS may enforce state and local laws on Los Angeles AFB and adjacent streets, sidewalks, and property pursuant to California Penal Code § 830.8(b) For the purposes of this agreement, adjacent streets, sidewalks, and properties are those located within 500 4300 feet of a military installation This agreement does not affect the exercise of any authority granted by California Penal Code § 830 8(a) Subsection (a) is applicable statewide and does not require the consent of the Car's police chief The exercise of authority under Penal Code § 830.8(a) shall be in accordance with state law, as interpreted in opinions issued by the Attorney General of California Section 3.02 The parties agree that the primary function of 6151 SFS officers is the protection of life and property on -base at Los Angeles AFB, California This includes the enforcement of Federal, state, and local laws on the installation Off -base, however, the parties agree that DoD, as a matter of policy, Police Officers will not routinely engage in law enforcement activities (to include traffic stops, pedestrian stops, traffic accident investigations, or similar activities) on adjacent streets, sidewalks, and property unless the situation directly impacts military activities, facilities, or personnel or, in the alternative, threatens life or property. Under such circumstances, DoD Police Officers will expeditiously notify the CITY'S POLICE and/or fire departments of the incident while taking reasonable and prudent action as a peace officer to protect the public and alleviate the situation impacting the military mission and/or threatening life and property A Upon the arrival of CITY police and/or fire department personnel at the scene of an ongoing off -base incident, 6151 SFS officers will relinquish control of the situation and render such assistance as the CITY on -scene commander may request Such assistance may involve traffic control, protecting the incident scene, or providing such backup as may be necessary to prevent injury to CITY personnel or members of the public When such assistance is no longer required, 6151 SFS officers will disengage and assume the role Page 2 of 9 122 of professional witnesses B Where an off -base incident meeting the criteria set forth in this section has been concluded upon the arrival of CITY police at the scene and an arrest or citation is warranted, the senior CITY police officer on -scene will determine which agency's personnel will be responsible for effecting the citation or arrest and accomplishing the necessary reports and other administrative details The parties acknowledge, however, that in a misdemeanor situation, the officer in whose presence the offense occurred may be the Individual required to effect the citation or arrest and accomplish the necessary reports, etc Section 3.03 The Parties understand that Air Force personnel, military property, and highly classified programs are housed in Aerospace Corporation facilities adjacent to Los Angeles AFB These facilities are located within CITY'S jurisdiction The Air Force acknowledges that the CITY'S police department ( "ESPD ") is primarily responsible for law enforcement at that location The CITY acknowledges that 61" SFS has a secondary responsibility for the protection of military personnel, property, or classified activities at this location in an emergency situation To the extent requested by ESPD, DoD Police Officers will assist, under the direction of the ESPD on- scene commander, in responding to incidents at the Aerospace Corporation complex that involve military personnel, property, or classified activities The City agrees to invite 61" SFS personnel to observe ESPD training exercises conducted on Aerospace Corporation property housing Air Force personnel Section 3.04 The CITY understands and agrees that, under emergency conditions, the Installation Commander at Los Angeles AFB may be required to establish a National Defense Area pursuant to 50 U S C. § 797 to protect classified defense Information and/or protect DoD resources outside the boundaries of Los Angeles AFB Property within a designated NDA may be subject to laws and regulations promulgated by the United States Department of Defense or the installation commander, Los Angeles AFB Under such circumstances, DoD Police Officers assigned to the 6151 SFS may be primarily responsible for law enforcement in the designated NDA and may act in accordance with California Penal Code § 830 8(a) The 61" SFS agrees to provide the CITY with notice as soon as practicable regarding the establishment of any NDA subject to military control. ARTICLE IV — EMERGENCY RESPONSES Section 4.01 As stated above, the 61" SFS is not generally responsible for routine enforcement of state and local laws off the Installation Accordingly, SFS should not respond in the manner identified as "Code 3" off of the AFB except when performing a Federal function or, when acting pursuant to California Penal Code § 830 8(b), in accordance with the specific provisions of this MOU Section 4.02 A Code 3 response consists of operating an authorized emergency vehicle with red lights and a siren, as may be reasonably necessary, and operating the vehicle with due regard for the safety of all persons using the highway California Vehicle Code §§ 21052, 21055, and Page 3 of 9 12 ') 21056 apply while operating emergency vehicles under Code 3 conditions Section 4.03 DoD Police Officers should respond Code 3 off the installation only under the following conditions A Military emergencies including, but not limited to, the breach of a sensitive compartmented information facility ( "SCIF ") or cryptographic facility, or a threat to Priority "A" resources or classified equipment where the use of deadly force is authorized, B Traffic accidents with injuries that occurred on or adjacent to the installation ( "901T "); C Felony in progress/just occurred, suspect in the area — only if the crime occurred on or adjacent to the installation and a suspect is still in the immediate vicinity, D ESPD or 6151 SFS officer involved in a gun battle ( "998 "), E ESPD or 6151 SFS officer needs emergency help ( "999 "), F. Medical emergency on the installation except where other emergency services have already responded ARTICLE V — CRIME REPORTS Section 5.01 The Parties agree to coordinate in reporting information regarding incidents pursuant to the Uniform Crime Reporting Program The 61" SFS will report incidents investigated by DoD Police Officers to the National Incident Based Reporting System unless, during the course of an investigation, the Parties agree that ESPD has primary responsibility for reporting the matter Section 5.02 DoD Police Officers will report on crime investigations pursuant to policies and regulations promulgated by the 6151 SFS However, when engaged in state or local law enforcement, 6151 SFS officers will complete additional reports required by the State of California, the Los Angeles County District Attorney, and Los Angeles County Superior Court Section 5.03 DoD Police Officers authorized to enforce state and local laws will use citation forms approved by the California Judicial Council and will make all California Law Enforcement Terminal System ( "CLETS ") entries required for processing offenders ARTICLE VI — COURT LIAISON OFFICERS Section 6.01 The 6151 SFS will identify a primary and two alternate "Court Liaison Officers" to serve as liaisons between the SFS, the Los Angeles County District Attorney's Office, and the Los Angeles County Superior Court Page 4 of 9 124 Section 6.02 CITY agrees to provide SFS liaison officers with onentation and training ARTICLE VII — EVIDENCE Section 7.01 Gas Chromatograph Intoximeter ( "GCI ") tests may be conducted by SFS officers or CITY's police officers If conducted by CITY's police officers, a GCI test will be witnessed by the SFS officer(s) responsible for the case If needed, CITY agrees to make its police officers available for court testimony regarding GCI tests conducted or witnessed by such police officers Section 7.02 Blood and urine samples will be booked at the same location as the arrestee Either SFS or CITY blood and urine containers may be used for this purpose Section 7.03 Unless needed by ESPD forlomt or referred investigations, SFS is responsible for booking its own evidence and other property CITY and SFS agree to take all steps needed to maintain the chain of custody ARTICLE VIII — ARRESTS; BOOKING Section 8.01 DoD Police Officers making an arrest will complete all processing and booking procedures including, without limitation, booking reports and transportation If an arrest occurred within CITY's jurisdiction, ESPD will, upon SFS's request, assist with booking and processing of arrestees. Section 8.02 DoD Police Officers making an arrest will exercise due care in safeguarding an arrestee's vehicle including, without limitation, inventory on Form 180 provided by the California Highway Patrol Section 8.03 To transport an arrestee to ESPD's jail facilities, 61" SFS officers should follow the following procedure A Obtain approval from the DoD Police shift supervisor, B The DoD Police shift supervisor will contact CITY's watch commander to obtain approval for transportation, C Upon arriving at CITY's police department, CITY's watch commander will review all circumstances and probable cause for arrest before booking an arrestee Should CITY's watch commander determine that an arrest was unwarranted, the watch commander will contact the 61st SFS chief of operations regarding the arrest, D SFS agrees and understands that ESPD may decline custody of an arrestee Section 8.04 ESPD will furnish booking and jail facilities for adult prisoners arrested by DoD Police Officers for violations of state or local laws Page 5 of 9 125 Section 8.05 Military employees arrested by the 6151 SFS for violations of federal or military law may be temporarily lodged in ESPD jail pending transportation to a military facility A The 6155 SFS agrees to provide ESPD with copies of the confinement order setting forth authority to hold the prisoner, B The 61" SFS will reimburse ESPD at a daily rate for the cost of lodging military employees in the ESPD jail Section 8.06 All reports relating to an arrest will be prepared by 61" SFS officers and approved by an ESPD supervisor. ARTICLE IX — COURT APPEARANCES Section 9.01 DoD Police Officers will notify the 6151 SFS's court liaison officer when an arrestee is placed in the ESPD fail The SFS court liaison officer is responsible for determining the arraignment date /time /location for the arrestee. The 6151 SFS is responsible for transporting arrestees to the court ARETICLE X — MUTUAL AID AND COORDINATION Section 10.01 The 61" SFS agrees to develop and fund a dedicated telephone connection between SFS and CITY Section 10.02 The Parties agree to explore options for cross - communication in the field by either tactical radio or cellular telephone Section 10.03 If requested by the 6155 SFS, CITY agrees to dispatch its Special Weapons and Tactics ( "SWAT ") team in response to significant events occurring on property owned or possessed by the Air Force or occupied by military personnel in CITY's jurisdiction For example, but not limitation, such incidents would include workplace violence, barricaded suspects, and hostage situations A When ESPD's SWAT team is deployed, the SWAT team commander assumes tactical control of the incident The ESPD supervisor will coordinate with the 6151 SFS watch commander and military on -scene commander B The military on -scene commander will ordinarily be the 6151 Air Base Group Commander, or designee C The 6151 SFS agrees that the ESPD incident commander may task DoD Police Officers through the 6151 SFS watch commander and request other support and assistance through the military on -scene commander Such support may include, without limitation, civil engineering and communications support, keys, blue prints, personnel records, and medical, bioenvironmental, or psychological consultants Page 6 of 9 126 D The 61" SFS watch commander and ESPD incident commander will arrange to exchange tactical radios to facilitate communication Section 10.04 The 61" SFS will dispatch a liaison to CITY's police department command center at such times where situations may impact Los Angeles AFB For example, and not limitation, such incidents would include civil disturbances, gunfire, or threatened use of explosives Section 10.05 CITY understands and agrees that DoD Police Officers will ordinarily respond to incidents off the installation only to counter situations which directly impact military activities, facilities, or personnel or, in the alternative, threaten life or property In some situations, involving actual or threatened use of firearms or explosives on property adjacent to the installation, DoD Police Officers may take reasonable and prudent action as a peace officer to protect the public and alleviate the situation impacting the military mission and/or threatening life and property until relieved upon the arrival of ESPD personnel Under such circumstances, 61" SFS officers will coordinate their actions with and seek tactical direction from the ESPD on- scene commander DoD Police Officers will disengage from such incidents, when safety permits, once ESPD police officers have the situation contained ARTICLE XI — TERMINATION OR AMENDMENTS Section 11.01 Either Party may revoke or amend this MOU by giving 30 days written notice to the other ARTICLE XII — INDEMNIFICATION Section 12.01 Each Party releases the other from all liability to itself, its officials, officers, employees, agents, and certified volunteers, for any claims, damage, or demands for personal injury, death, or property damage, ansing from or related to this MOU Each party bears sole responsibility for any loss It is expressly understood and agreed that the foregoing provisions will survive termination of this MOU ARTICLE XIII — MISCELLANEOUS PROVISIONS Section 13.01 ASSIGNMENT The Parties understand that their status as public entities are primary inducements each entering into this MOU For this reason, the Parties agree that they will not assign or transfer any portion of or interest in this MOU Any attempt to assign or transfer any portion of this MOU will be void Section 13.02 SEVERABILITY If any portion of this MOU is declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Agreement will continue in full force and effect Section 13.03 SUCCESSORS All the terms, conditions and covenants of this Agreement Page 7 of 9 127 will inure to the benefit of and be binding upon the Parties' successors and assigns The provisions of this Section will not be deemed as a waiver of any of the conditions against assignment as set forth in 13 01 Section 13.04 NOTICES All notices provided for herein will be in writing Any notice permitted or required to be served upon party may be served upon that party at CITY Jack Wayt, Police Chief El Segundo Police Department 348 Main Street El Segundo, CA 90245 Fax (310) 607 -9171 (310) 524 -2270 615` SFS Donald Wahomck, Major, USAF Chief, LAAFB (DoD) Police 6151 Security Forces Squadron 2420 Vela Way, Suite 1497 El Segundo, CA 90245 (310) 363 -0039 Section 13.05 GOVERNING LAW This MOU was executed in and will be construed in accordance with the laws of the state of California and exclusive venue for any action involving this MOU will be in Los Angeles County Section 13.06 HEADINGS The headings contained herein are for convenience in reference and are not intended to define or limit the scope of any provisions of this MOU. Section 13.07 RULES OF CONSTRUCTION This MOU has not been drafted or prepared by either party hereto, the same being a fully negotiated MOU Thus, the parties expressly agree that any rule of construction regarding interpretation in favor of one or the other party by reason of the party drafting the MOU will not apply Section 13.08 EXHIBITS The Exhibits which are referred to herein and attached hereto (currently or within thirty (30) days) will be a part of this MOU as if set forth herein verbatim Section 13.09 ACCEPTANCE OF FACSIMILE SIGNATURES /COUNTERPARTS A The Parties agree that agreements ancillary to this MOU, and related documents to be entered into in connection with this MOU will be considered signed when the signature of a party is delivered by facsimile transmission Such facsimile signature will be treated in all respects as having the same effect as an original signature. B This MOU maybe executed in any number or counterparts, each of which will bean original, but all of which together will constitute one instrument executed on the same date Page 8 of 9 12� IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written CITY OF EL SEGUNDO, a municipal corporation Mary Strenn, City Manager APPROVED AS TO CONTENT' Jack Wayt, Police Chief ATTEST Cindy Mortesen, City Clerk APPROVED AS TO FORM Mark D Hensley, 9t'<,At ey By A / ' Karl H Berger Assistant CitAtornev SPACE & MISSILE SYSTEMS CENTER Air Force Space Command BRIAN A ARNOLD, Lt Gen, USAF Commander PHIL W PARKER, Colonel, USAF Commander, 6I s` Air Base Group DONALD R WAHONICK, Major, USAF Commander, 6151 Security Forces Squadron SAMUEL S BAGLEY, Colonel, USAF Staff Judge Advocate Consent for SFS officers to enforce state and local laws is reaffirmed pursuant to Penal Code § 830 8(b) Page 9 of 9 129 Segundo Department 348 Main Street - 6 Segundo. Canto (310) 322 -9114 / (310) 607 -2268 • Fax: Chief of Pohce December 13, 1999 Lieutenant General Eugene L. Tatlini Commander Space and Missile Systaiu Center 2420 Vela Way, Suite 1467 FJ Segundo, CA 902454659 Dear Lieutenant General Tattini: This letter is in response to your October 14, 1999 rcqucst for certification from the El Segundo Police Department for Department of Defense police officers to exercise law enfotument powers pursuant to Persil Code § 830.8(6). This correspondence will serve as confirmation of my consent to allow duly authorized Department of Defense personnel, who comply with the training requirements of penal Code § 832, to function as police nft-tces when they are engaged in enforcing federal, state and local laws at the Los Angeles Air Force Base. This also applies to any adjacent streets, sidc%%mM-s or property. Major Larry D. Bartlett %rill be working with mcorbas of my staff to implement proper policies and procedures to ensure compliance with the courts as well as operafionally with uniform field officers. If you, or Major Bartlett, have any questions regarding this matter please contact Acting Captain Walt Krumbach at (310) 607 -2268, Monday through Friday, 8 AM to 5 PM. Sincerely, G tttmond Chic Polio 'I JG: WGK:cm Cc: Major Larry Bartlett Now Fax Note mi —Ln 7-19/ "Working bgWw to meat our com s nee 130 EL SEGUNDO CITY COUNCIL MEETING DATE May 7, 2002 AGENDA ITEM STATEMENT AGENDA HEADING: Consent AGENDA DESCRIPTION. Consideration and possible action regarding the agreement for the Municipal Area Express (MAX) commuter bus service RECOMMENDED COUNCIL ACTION: (1) Approve the agreement and authorize the City Manager to execute the Agreement on behalf of the City, (2) Alternatively, discuss and take other action related to this item The City has participated in the MAX transit program since 1991 with a number of other South Bay cities The buses bring employees to the El Segundo employment areas east of Sepulveda The cooperative program is sponsored by the cities of El Segundo, Lawndale, Los Angeles, Rancho Palos Verdes, Torrance, Lomita, and Los Angeles County MAX operates during the morning and afternoon peak commuting hours This service is valuable to El Segundo companies and the Los Angeles Air Force Base as a viable transportation alternative It is time to renew the agreement for this commuter service The City of Torrance will continue to be the lead agency The only change to the previous agreement is the addition of the City of Lawndale, which should provide a savings to the existing agencies Proposition A transit funding will be used to finance our city's contribution to the program Council member Gaines is the current city representative on the MAX Steering Committee This agreement has been reviewed and approved by the City Attorney's office ATTACHED SUPPORTING DOCUMENTS: Municipal Area Express (MAX) agreement FISCAL IMPACT: Operating Budget $41,300 Amount Requested: Account Number: 112 - 400 - 5298 -6214, 112 - 400 - 5298 -8104 Project Phase: Appropriation Required. _Yes x No Greg k(XinWon, Recreation and Parks Director Ma Stre City Manager //L 131 23 AGREEMENT FOR MAX COMMUTER BUS SERVICE THIS AGREEMENT is made and entered into this day of 2002, by and between the City of Torrance (hereinafter referred to as "Lead Agency ") and the City of El Segundo, the City of Lawndale, the City of Los Angeles, the City of Rancho Palos Verdes, City of Lomita, and the County of Los Angeles, (hereinafter referred to as "Agencies" or individually as "Agency ") RECITALS A Lead Agency and Agencies are located in the South Bay area of Los Angeles County, a region which continues to experience a high level of peak -hour traffic B The Agencies have previously jointly funded a commuter transportation transit service known as Municipal Area Express (MAX), which provides a much - needed bus service to and within the South Bay aerospace employment center. C The Agencies recognize the potential cost savings and increase transit efficiency of - providing a network of commuter transportation services and a connection to the'Metro Green Line in the South Bay by coordinating transit servicq, administration and - -- marketing _ D. Each Agency is willing to fund a share of the cost of MAX using each Agency's Proposition A and/or Proposition C Local Return Funds E The operation of this joint program is eligible for regional monies to partially fund the costs of MAX. F Since 1990,1MAX has operated a viable, effective commuter transit alternative for South Bay residents AGREEMENT- Administration of Service The Lead Agency shall implement and administer MAX on behalf of Agencies Term of Agreement This agreement shall be effective as of July 1, 2002 and shall expire on June 30, 2005, unless the Agreement is sooner terminated as provided in Sections twelve (12) and 132 fourteen (14) This agreement thereafter maybe extended on a year to year basis upon the consent of Agencies Organization A Policy for MAX shall be set by The Policy Steering Committee ( "PSC "). The Lead Agency and each Agency shall have the right to appoint either its Mayor, or one member of its City Council or Board to the PSC Each member of the PSC shall have one vote The Lead Agency and each Agency shall also appoint an alternate member who shall be its Mayor, a member of its City Council or Board, or a permanent deputy to the Council or Board member representative. The alternate shall have all of the powers and duties of the regular member at any PSC meeting which the regular member does not attend Regular and alternate members shall serve at the pleasure of their Agency and until their successors are appointed and qualified Each Agency shall notify the Lead Agency staff of its appointees and of any change thereof (1) The PSC shall set policy for MAX on the following (a) Fares (b) Route Structure (c) Award of Contracts (d) Annual Operating Budget (e) Participating Agency Funding Shares (f) Lease or Purchase of Vehicles (g) Increase or Decrease in Scope of Overall Service (h) Approval of program funding agreements entered into by the Lead Agency (i) Insurance B All decisions of the PSC shall be made by majority vote For the purpose of conducting business, a quorum of the PSC shall comprise of fifty percent (50 %) plus one of all the member Agencies represented on the PSC C Technical assistance shall be provided to the PSC by the Lead Agency Staff Provision of Service The Lead Agency shall implement MAX as described in Exhibits A and B described as MAX Service Requirements and the MAX Routes respectively (attached hereto and incorporated herein by this reference). Substantive changes to Service may only be authorized by the PSC 133 Fares The PSC shall establish and authorize changes to the fare structure for patrons utilizing MAX The annual fare revenues shall be utilized by the Lead Agency to fund the annual expense of operating MAX 6 Operating Funds and Payment for Service The Lead Agency shall obtain funds to operate MAX from passenger fares and other sources as they are available The remainder required to fund MAX shall be provided by the Agencies Each Agency shall pay quarterly, upon receipt of an itemized billing from the Lead Agency, one fourth of its annual share, which shall be established by the PSC as part of the annual operating budget In addition, each Agency agrees to pay the Lead Agency any additional funds as authorized by the PSC which might be required to provide service during any budget year should the costs be greater than anticipated, provided, however, that such additional funds shall not exceed twenty (20) percent of the amount adopted in the annual budget for one year. All billings shall be paid by each Agency within thirty (30) days of receipt of an itemized billing by the Lead Agency Further, if any member jurisdiction pays more than their budget share of actual costs, as determined by an annual audit of the MAX budget, then an equal amount will be deducted from their next quarterly billing in the subsequent budget year If any member jurisdiction pays less than their budget share of actual costs, as determined by annual audit of the MAX budget, then an equal amount will be added to their next quarterly billing in the subsequent budget year 7. Permits and Licenses The lead Agency shall secure and maintain all permits and licenses required by law for the provision of MAX 8 Marketing The Lead Agency shall undertake a marketing program to promote MAX This program may be implemented either by the Lead Agency staff or under a consultant contract, whichever approach is approved by the PSC. All costs for said marketing shall be considered as a portion of the total costs of MAX for purposes of this Agreement, and shall be authorized annually as part of the MAX budget 13 4 9 Service The Lead Agency shall prepare a Request for Proposals for a private entity to provide the driving, dispatching, and maintenance for the buses used by MAX. The Lead Agency shall enter into an agreement with the respondent approved by the PSC, which hereinafter shall be referred to as `Contractor ". 10 Liabilit A. Lead Agency agrees to indemnify, hold harmless and defend each Agency for any claim, legal action or Lability arising out of this Agreement B Notwithstanding the provisions of Subsection A, each Agency hereby agrees to indemnify, hold harmless and defend Lead Agency and every other Agency for any claim, legal action or liability arising out of this Agreement and related to the condition of that Agency's streets, sidewalks, or other public improvements. 11 Insurance A The Lead Agency shall require the Contractor providing MAX to obtain and maintain in force at all times during the terns of the Agreement with the contractor commercial general liability and property damage insurance in amounts of not less than ten million ($10,000 000) for injury or death arising out of any one incident, three million dollars ($3,000,000) for injury or death to any one person, and one million dollars ($1,000,000) for property damage The Contractor shall also obtain automobile insurance, including collision and comprehensive vehicular liability insurance coverage for all vehicles used to provide MAX, in amounts of not less than ten million dollars ($10,000,000) for injury or death arising out of any one accident, three million dollars ($3,000,000) for injury or death to any one person, and one million dollars ($1,000,000) for property damage B. Certificate of Insurance The Lead Agency in its agreement with the Contractor shall require the Contractor to provide Lead Agency certificates of insurance and a signed agreement form evidencing compliance with Subsection A. above, not less than ten (10) days prior to the commencement of MAX under the agreement with the Contractor Said certificates shall name Lead Agency and each Agency and their respective officers, employees and agents, as additional insureds Each policy shall provide that it may not be canceled or reduced in coverage without sixty (60) days written notice to Lead Agency and each agency. 4 13 J C Workers Compensation Insurance Throughout the term of the agreement, the Contractor will be required to obtain and maintain worker's compensation and employer's liability insurance as required by the laws of the State of California A certificate evidencing such insurance coverage shall be filed with Lead Agency and Agencies not less than ten (10) days prior to commencement of MAX hereunder D The insurance provisions of this section shall only be changed by the agreement of both the Lead Agency and the PSC 12. Failure to Provide Insurance Failure on the part of the Contractor to maintain the required insurance shall constitute grounds for any Agency to terminate this Agreement No such termination initiated by an Agency may occur until the Agency has given the Lead Agency fourteen (14) calendar days written notice of its intention to do so and the Contractor has failed to obtain the insurance during this time. 13 Independent Contractor Status No employee of the Lead Agency or any Agency shall become an employee or officer of the other Agency by virtue of entering into this Agreement, and this Agreement shall not create the relationship of agent, servant, employee, partnership, or Joint venture between the Agencies No employee or contractor of the Lead Agency will be considered an employee of any Agency for purposes of workers' compensation liability. Each Agency shall bear full responsibility for furnishing workers' compensation benefits to any of its employees for injuries arising from or connected with activities performed by said employee pursuant to this Agreement 14 Termination of Agreement A In addition to the grounds of termination provided in Section twelve (12), any Agency may withdraw from this Agreement at the end of a given fiscal year by giving written notice to the Lead Agency and the PSC of such intent to terminate ninety (90) days prior to the end of any given fiscal year, which ends on June 30 Within thirty (30) days after such notice is received by the PSC, or at its next regularly scheduled meeting, the PSC shall meet and determine whether to terminate MAX or re- apportion the respective share of any Agency terminating participation in MAX In the event the PSC determines to terminate MAX, the Lead Agency shall terminate all agreements with its contractors Agencies shall be responsible for all costs resulting from termination, including the costs resulting from termination of the contractor agreements. 136 B. This Agreement may also be terminated at any time by agreement of the PSC. In the event the PSC determines to terminate MAX, the Lead Agency shall terminate all agreements with its contractors. Agencies shall be responsible for all costs resulting from termination, including the costs resulting from termination of the contractor agreements C. Each Agency shall be responsible for its respective share of the termination costs as provided in the annual MAX budget In the event the costs of termination are less than the sums held by the Lead Agency, the Lead Agency shall remit, within thirty (30) days after all termination costs have been paid, each Agency's proportionate share of the remaining balance. 15. Inability to Perform The Lead Agency will not be required to administer or provide MAX during the time and to the extent that it is prevented from performing by acts of God, fire, strike, civil disorder, loss of transportation facilities, loss of funding, lockout, commandeering of materials, products, plants, or facilities by the federal government or any other cause beyond the reasonable control of the Lead Agency 16 Record Keeping, Reporting and Auditing The Lead Agency will provide access to all records in its possession relating to MAX during normal working hours of the Lead Agency. The Lead Agency shall keep records of all operating costs of MAX in Accordance with generally acceptable accounting procedures and in accordance with the requirements of any entity providing funding. The Lead Agency shall retain all records for a minimum of five (5) years following the close of that fiscal year At any time any Agency, at its own expense, may conduct an audit of the Lead Agency regarding MAX If such audit finds that the costs of operating MAX are less than previously indicated by the Lead Agency and Lead Agency agrees with the results of said audit, the member Agency agrees the difference may, in the sole discretion of the Lead Agency, be repaid forthwith by the Lead Agency to the Agencies in the proportionate shares provided in the annual MAX budget, or 2. credited against any future payments owed hereunder to the Lead Agency If such audit finds that the costs of operating the program are greater than payments made by the Agency, then the difference shall be paid to the Lead Agency by the Agencies, based upon each Agency's proportionate share adopted in the most recent MAX budget 137 17 W Vehicles The Lead Agency shall cause to be supplied sufficient and adequate vehicles, including backup vehicles, to insure that MAX is provided on an uninterrupted basis. All equipment and facilities shall meet all requirements of applicable federal, state and local ordinances and laws Notices A Notices required to be given pursuant to this Agreement shall be given by enclosing the same in a sealed envelope addressed to the party for whom intended and by depositing such envelope with postage prepaid for delivery by Certified Mail in the United States Mail Any such notice and the envelope containing same shall be addressed to Lead Agency at the following address City of Torrance Office of the City Manager 3031 Torrance Boulevard Torrance, CA 90503 Any such notice containing same to each Agency shall be addressed as follows City of El Segundo Office of the City Manager 350 Main Street El Segundo, CA 90245 Los Angeles County Department Of Public Works Transit Operation Section PO Box 1460 Alhambra, CA 91802 -1460 City of Rancho Palos Verdes Office of the City Manager 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90274 City of Lawndale Office of the City Administrator 14717 Bunn Avenue Lawndale, CA 90260 City of Los Angeles Office of the General Manager Department of Transportation 200 North Spring Street Los Angeles, CA 90012 City of Lomita Office of the City Manager P O Box 339 Lomita, CA 90717 In all other respects, the Agreement dated July 1, 1999 between LEAD AGENCY and AGENCIES is ratified and reaffirmed and is in full force and effect. 7 13 19. New Parties The PSC can accept new agencies as participants in MAX In such event, the Lead Agency shall enter into an agreement with said agency providing said agency with the same rights and obligations of each other participating agency The PSC shall determine the percentage contribution required for said entity and the obligation of each signatory to the Agreement reflected in the annual MAX budget shall be proportionately reduced to reflect the percentage allocated to the new agency. 20, Applicable Law This Agreement is made under, governed by, and construed in accordance with, the laws of the State of California It may be executed in multiple counterparts 8 13 ;; IN WITNESS WHEREOF, this Agreement is executed by the parties as follows ATTEST- Sue Herbers City Clerk APPROVED AS TO FORM John L Fellows III City Attorney ATTEST City Clerk L� CITY OF TORRANCE LEAD AGENCY Dee Hardison Mayor CITY OF EL SEGUNDO Mayor 140 ATTEST City Clerk UJW "Oh "1X31Y3ALiWal City Attorney I0 CITY OF LAWNDALE Mayor 141 City Clerk APPROVED AS TO FORM City Attorney I1 CITY OF LOS ANGELES DEPARTMENT OF TRANSPORTATION General Manager 142 ATTEST JOANNE STURGES Executive Officer of the Board of Supervisors Deputy APPROVED AS TO FORM- LLOYD W PELLMAN County Counsel By Deputy 12 COUNTY OF LOS ANGELES Chairman, Board of Supervisors 143 ATTEST City Clerk APPROVED AS TO FORM- City Attomey CITY OF RANCHO PALOS VERDES Mayor 13 144 ATTEST. City Clerk APPROVED AS TO FORM City Attomey 14 �y r r �c.� a �. c• � � i 1 w r� Mayor 145 EXHIBIT A MAX Service Requirements MAX shall operate during peak weekday commuting hours, on a schedule approved by the Policy Steering Committee MAX will operate Monday through Friday, with the exception of the following holidays New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and the day after, and Christmas Day MAX shall be provided on routes in the South Bay area of Los Angeles County as identified in Exhibit B to this agreement MAX service shall be open to the general public and provided as a commuter bus. MAX shall utilize a fleet of 14 transit coaches with commuter style amenities such as reclining seats, reading lights and climate control. All MAX coaches shall be fully wheelchair accessible in compliance with the Americans with Disabilities Act 15 14 6 M U N I C I P A L A R E A E X P R E S S EXHIBIT B 147 EL SEGUNDO CITY COUNCIL MEETING DATE May 7, 2002 AGENDA ITEM STATEMENT AGENDA HEADING: Consent AGENDA DESCRIPTION, Consideration and possible action regarding agreement with Pyro Spectaculars, Inc for professional fireworks show services on the 4th of July at Recreation Park RECOMMENDED COUNCIL ACTION: (1) Authorize the City Manager to execute an agreement approved as to form by the City Attorney on the City's behalf, (2) Alternatively discuss and take other action related to this item BACKGROUND & DISCUSSION, The Recreation and Parks Department has contracted Pyro Spectaculars, Inc for approximately ten years as the City's 4th of July fireworks display contractors Pyro Spectaculars, Inc has always been very accommodating working within the confines for Recreation Park and has met the safety requirements requested by the Fire Department The cost for the fireworks show including "Happy 85th El Segundo' done in 4' single letters is $16,200 and will feature fireworks which will be electronically fired (thereby increasing safety) and this years show will also be choreographed to music (The balance of this years budget will be used for rental of sound equipment, entertainment and restrooms for the event ) The City Attorney's office is reviewing the agreement with Pyro Spectaculars, Inc and expects to have a final agreement shortly A draft agreement is attached for the Council's reference Because of the relatively short time period before July 4th, staff recommends that the City Council to authorize the City Manager to execute an agreement substantially similar to the draft agreement and approved by the City Attorney ATTACHED SUPPORTING DOCUMENTS Pyro Spectaculars Agreements FISCAL IMPACT. Operating Budget: $18,000 Amount Requested: $16,200 Account Number- 108400- 5210 -6206 Project Phase- Appropriation Required _ Yes X No DATE April 29,2002 , Director of Recreation & Parks REVIEW Y DATE' �O M AS n. City Manaaer L 14 f3 24 Agreement No CONTRACT FOR SERVICES BETWEEN THE CITY OF EL SEGUNDO AND PYRO SPECTACULARS, INC. This AGREEMENT is entered into this day of 20 , by and between the CITY OF EL SEGUNDO, a general law city and municipal corporation ( "CITY ") and PYRO SPECTACULARS, INC, a California Corporation ( "PYRO ") 1 CONSIDERATION. A As partial consideration, PYRO agrees to perform the work listed in the SCOPE OF SERVICES, below, B As additional consideration, PYRO and CITY agree to abide by the terms and conditions contained in this Agreement; C As additional consideration, CITY agrees to pay PYRO as set forth in paragraph 4 of the attached Exhibit "A," which is incorporated by reference 2 SCOPE OF SERVICES PYRO will perfonn services listed in the attached Exhibit "B," which is incorporated by reference 3 TERM The term of this Agreement will be from , to Unless otherwise determined by written amendment between the parties, this Agreement will terminate in the following instances A Completion of the work specified in Exhibit "B ", B Termination as stated in Section 7 4 TIME FOR PERFORMANCE PYRO will not perform any work under this Agreement until A PYRO furnishes proof of insurance as required under Section 13 of this Agreement; and B Should PYRO begin work on any phase in advance of receiving written authorization to proceed, any such professional services are at PYRO's own risk 5 TAXPAYER IDENTIFICATION NUMBER. PYRO will provide CITY with a Taxpayer Identification Number Page 1 of 6 149 6 PERMITS AND LICENSES PYRO, at its sole expense, will obtain and maintain during the term of this Agreement, all necessary permits, licenses, and certificates that may be required in connection with the performance of services under this Agreement 7 PROJECT COORDINATION AND SUPERVISION A will be assigned as Project Manager and will be responsible forlob performance, negotiations, contractual matters, and coordination with CITY's Project Manager B will be assigned as CITY's Project Manager and will be personally in charge of and personally supervise or perform the technical execution of the Project on a day -to -day basis on behalf of CITY and will maintain direct communication with PYRO's Project Manager 8 WAIVER CITY's review or acceptance of, or payment for, work product prepared by PYRO under this Agreement will not be construed to operate as a waiver of any rights CITY may have under this Agreement or of any cause of action arising from PYRO's performance. A waiver by CITY of any breach of any term, covenant, or condition contained in this Agreement will not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained in this Agreement, whether of the same or different character 9 TERMINATION A Except as otherwise provided, the Parties may terminate this Agreement as set forth in Exhibit A Notice of termination will be in writing B Should the Agreement be terminated pursuant to this Section, CITY may procure on its own terms services similar to those terminated 10 INDEMNIFICATION A PYRO indemnifies and holds CITY harmless from and against any claim, action, damages, costs (including, without limitation, attorney's fees), injures, or liability, arising out of this Agreement, or its performance Should CITY be named in any suit, or should any claim be brought against it by suit or otherwise, whether the same be groundless or not, arising out of this Agreement, or its performance, PYRO will defend CITY (at CITY's request and with counsel satisfactory to CITY) and will indemnify CITY for any judgment rendered against it or any sums paid out in settlement or otherwise A For purposes of this section "CITY" includes CITY's officers, officials, employees, agents, representatives, and volunteers B. It is expressly understood and agreed that the foregoing provisions will survive termination of this Agreement Page 2 of 6 150 C The requirements as to the types and limits of insurance coverage to be maintained by PYRO as required by Section 11, and any approval of said insurance by CITY, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by PYRO pursuant to this Agreement, including, without limitation, to the provisions concerning indemnification 11 ASSIGNABILITY This Agreement is for PYRO's services PYRO's attempts to assign the benefits or burdens of this Agreement without CITY's written approval are prohibited and will be null and void 12 INDEPENDENT CONTRACTOR. CITY and PYRO agree that PYRO will act as an independent contractor and will have control of all work and the manner in which is it performed PYRO will be free to contract for similar service to be performed for other employers while under contract with CITY PYRO is not an agent or employee of CITY and is not entitled to participate in any pension plan, insurance, bonus or similar benefits CITY provides for its employees Any provision in this Agreement that may appear to give CITY the right to direct PYRO as to the details of doing the work or to exercise a measure of control over the work means that PYRO will follow the direction of the CITY as to end results of the work only 13 INSURANCE A Before commencing performance under this Agreement, and at all other times this Agreement is effective, PYRO 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 smele) $5,000,000 $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 may be carried 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 Page 3 of 6 151 C Automobile coverage will be written on ISO Business Auto Coverage Form CA 00 0106 92, including symbol 1 (Any Auto) D PYRO 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" E Should PYRO, for any reason, fail to obtain and maintain the insurance required by this Agreement, City may obtain such coverage at PYRO's expense and deduct the cost of such insurance from payments due to PYRO under this Agreement or terminate 14 NOTICES All communications to either party by the other party will be deemed made when received by such party at its respective name and address as follows. CITY .., S City of El Segundo 350 Main Street El Segundo, CA 90245 Fax Fax Any such written communications by mail will be conclusively deemed to have been received by the addressee upon deposit thereof in the United States Mail, postage prepaid and properly addressed as noted above In all other instances, notices will be deemed given at the time of actual delivery Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph 15 SOLICITATION. PYRO maintains and warrants that it has not employed nor retained any company or person, other than PYRO's bona fide employee, to solicit or secure this Agreement Further, PYRO warrants that it has not paid nor has it agreed to pay any company or person, other than PYRO's bona fide employee, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement Should PYRO breach or violate this warranty, CITY may rescind this Agreement without liability 16 INTERPRETATION 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 17 ENTIRE AGREEMENT. This Agreement, and its Attachments, sets forth the entire understanding of the parties There are no other understandings, terms or other agreements expressed or implied, oral or written There are two (2) Attachments to this Agreement This Page 4 of 6 152 Agreement will bind and inure to the benefit of the parties to this Agreement and any subsequent successors and assigns 18 EFFECT OF CONFLICT In the event of any conflict, inconsistency, or incongruity between any provision of this Agreement, its attachments, the purchase order, or notice to proceed, the provisions of this Agreement will govern and control 19 RULES OF CONSTRUCTION. Each Party had the opportunity to independently review this Agreement with legal counsel Accordingly, this Agreement will be construed simply, as a whole, and in accordance with its fair meaning; it will not be interpreted strictly for or against either Party 20 SEVERABILITY. If any portion of this Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Agreement will continue in full force and effect 21 AUTHORITY/MODIFICATION. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Agreement and to engage in the actions described herein This Agreement may be modified by written amendment CITY's city manager, or designee, may execute any such amendment on behalf of CITY 22 ACCEPTANCE OF FACSIMILE SIGNATURES. The Parties agree that this Agreement, agreements ancillary to this Agreement, and related documents to be entered into in connection with this Agreement will be considered signed when the signature of a party is delivered by facsimile transmission Such facsimile signature will be treated in all respects as having the same effect as an original signature. 23 COVENANTS AND CONDITIONS. The parties agree that all of the provisions hereof will be construed as both covenants and conditions, the same as if the words importing such covenants and conditions had been used in each separate paragraph 24 CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of reference only and will not affect the interpretation of this Agreement 25 FORCE MAJEURE. Should performance of this Agreement be prevented due to fire, flood, explosion, war, embargo, government action, civil or military authority, the natural elements, or other similar causes beyond the Parties' control, then the Agreement will immediately terminate without obligation of either party to the other 26 TIME IS OF ESSENCE. Time is of the essence for each and every provision of this Agreement 27 STATEMENT OF EXPERIENCE. By executing this Agreement, PYRO represents that it has demonstrated trustworthiness and possesses the quality, fitness and capacity to perform the Agreement in a manner satisfactory to CITY PYRO represents that its financial resources, Page 5 of 6 15 � surety and insurance experience, service experience, completion ability, personnel, current workload, experience in dealing with private PYROs, and experience in dealing with public agencies all suggest that PYRO is capable of performing the proposed contract and has a demonstrated capacity to deal fairly and effectively with and to satisfy a public agency IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first heremabove written CITY OF EL SEGUNDO, a general law city City Manager ATTEST Cindy Mortesen, City Clerk APP: MAI M PYRO SPECTACULARS, INC, a California Corporation President Secretary ney Page 6 of 6 151 AW of COP; 2) PYRO agrees to furnish PURCHASER, in accordance with the terms and conditions hereinafter set forth, fireworks display as per Program Addition 1 , submitted, accepted and made part hereof, including the services of a licensed pyrotechnic operator to take charge of and, along with sufficient helpers, safely discharge the display The said display is scheduled to be performed on July 4, 2002 at Fl Segundo Recreation Park, El Segundo 3) PURCHASER, at its own expense, agrees to provide to PYRO A) A suitable DISPLAY SITE in which to stage the fireworks display, including a firing and fallout zone reasonably acceptable to PYRO in which the fireworks and firework debris may be exhibited, rise and fall safely B) Adequate pohcmg, guard protection, roping, fencing and/or other crowd control measures to prevent the access of the public or its property or any other people or property not authorized by PYRO into the DISPLAY SITE. C) The services and cost of standby firemen and /or any applicable permit fees as required by state and local statutes, ordinances or regulations. D) Access by PYRO, at all tines, to the DISPLAY SITE to set up the display If PURCHASER fails to fully comply with requirements A, B, C and/or D set forth above, PYRO shall have no obligation to perform and PURCHASER agrees to pay to PYRO the entire contract puce plus any additional expenses incurred because of said failure If, in its sole discretion, PURCHASER designates an area for members of the public to view the Display ( "Spectator Area ") and/or an area for vehicular parking ( "Parking Area "), the PURCHASER shall E) Ensure that the Spectator Area does not infringe on the Display Area, F) Have sole responsibility for ensuring that the terrain of the Spectator Area and any structures thereon, including, but not limited to grandstands and bleachers are safe for use by spectators, G) have sole responsibility for ensuring that the Parking Area is safe for use, H) Have sole responsibility to police, monitor and appropriately control spectator access to the Spectator Area and the Parking Area and police, monitor and appropriately control the behavior of persons in these areas It is expressly agreed that PYRO, (including its operators and helpers) shall not inspect, police, monitor or otherwise supervise any area of the site other than the Display Area, except to ensure I) That any Spectator or Parking Areas are outside the Display Area, and J) After completion of the Display, that the Display Area is cleared of any live firework debris ongmating from the program 4) PURCHASER shall pay to PYRO the sum of ONE THOUSAND TWO HUNDRED — Dollars (s 12 ). A deposit of s 600.00 and fire department fees approximated at s 0.00 must be paid by 2002 Full final payment is due the first regular business day after the date set for the display A finance charge at a periodic rate of 1 5% per month, 18% annual percentage rate, or the maximum rate permitted by law, whichever is less, will be charged on the unpaid balance after ten days from the date of the display PURCHASER, by signing this agreement, authorizes PYRO to receive and verify financial information concerning PURCHASER from any person or entity 5) PURCHASER agrees to assume the risk of weather, or other causes beyond PYRO's control, which may prevent the display from being safely discharged on the scheduled date, which may cause the cancellation of any event for which PURCHASER has purchased the display, or which may affect or damage such portion of the exhibits as must be placed and exposed a necessary time before the display It shall be within PYRO's sole discretion to determine whether or not the display may be safely discharged on the scheduled date and at the scheduled time If, for any reason beyond PYRO's control, including, without limitation, inclement weather, PYRO is unable to safely discharge the display on the scheduled date or should any event for which PURCHASER has purchased the display be cancelled, the parties shall attempt to negotiate a new display date, which shall be within 60 days of the original display date PURCHASER further agrees to pay PYRO for any additional expenses made necessary by this postponement If they are unable to agree on a new display date, PYRO shall be entitled to liquidated damages from PURCHASER as if PURCHASER had cancelled the display on the date set for the display, as provided in the following paragraph 6) PURCHASER shall have the option to unilaterally cancel this display prior to the date of the display If PURCHASER exercises this option, PURCHASER agrees to pay to PYRO, as liquidated damages, the following percentages of the agreed contract price 1) 25% if cancellation three (3) or more days prior to the scheduled day of the display, 2) 50% if cancellation occurs within two (2) days of the actual date set for the display, 3) 75% if cancellation occurs on the date set for the display but prior to the time physical set -up of the display actually begins, 4) 100% thereafter If cancellation occurs prior to the date set for the display, PURCHASER agrees to pay PYRO in addition to the above percentages, the value associated with any specific custom work performed by PYRO or its agents including but not lirmted to music /narration tape production and/or Sponsors logos Q�uojf-t 4. i Qo (� ', (continued on reverse) 15 5 d• k 7) In the event PURCHASER cancels the display, it will be unpractical or extremely difficult to fix the actual amount of PYRO's damages The foregoing represents a reasonable estimate of the damages PYRO will suffer if PURCHASER cancels the display 8) PYRO reserves the ownership tights and trade names that are used in or are a product of the pyrotechnic display to be performed herein Any reproduction by sound, video or other duplication or recording process without the express written permission of PYRO is prohibited PURCHASER shall not, under any circumstances, be entitled to recover any consequential damages from PYRO including, without lmutation, for loss of income, business or profits m 12) It is agreed, nothing in this Agreement or in PYRO's performance of the display provided for herein, shall be construed as forming a partnership or Jomt venture between PURCHASER and PYRO The parties hereto shall be severally responsible for their own separate debts and obligations and neither party shall be held responsible for any agreements or obligations not expressly provided for herein 14) Any Notice to the parties permitted or required under this Agreement may be given by mailing such Notice in the United States Mail, postage prepaid, first class, addressed as follows PYRO - Pyro Spectaculars, Inc , P O Box 2329, Rialto, California 92377 PURCHASER- City of El Segundo, 401 Sheldon Street, El Segundo, California 90245 -July 4, 2002 Program B PURCHASER recognizes that because of the fireworks, an industry accepted level of 3% of the product used in any display may not function as designed and this level o nonperformance is acceptable as full performance In Witness Whereof the parties hereto, by and through their duly authorized agents, have set their hands and of 1 2002 JA -SR SOUZA PYRO SPECTACULARS, INC AM PURCHASER X Here • Purchaser is responsible for payment of fire department permit and standby fees, if applicable • Purchaser to provide firing site, communication, and security. 15 • Price firm through April 4, 2002 • Priem mriudae full alaefrnnie firm. J if ; t Produ Pyr ie_cvw�k*-Proj Program "B" Opening Description ♦ 2 5" Sky Concert Opening Salutes Main Body - Aerial Shells Description ♦ 3" Sky Concert Selections ♦ 4" Sky Concert Selections ♦ 5" Sky Concert Selections Total of Opening Total of Main Body - Aerial Shells Pyrotechnic Devices Descnotion ♦ Beyond 2000 Multishot Device ♦ Blue Sky Multishot Device ♦ Cosmic Year Candle Multishot Device ♦ Flashing Rain Multishot Device ♦ Golden Dragon Multishot Device ♦ Gradually Changing Multishot Device ♦ Green Sky Multishot Device ♦ Red Cosmos Multishot Device ♦ Silver Willow Multishot Device ♦ Souza Finale - Deluxe Multishot Device ♦ 1 5" Whistle Dragon Multishot Device ♦ 3" Gold Glitter Mines ♦ 3" Red, White & Blue Crackle Mines Total of Pyrotechnic Devices Grand Finale Description ♦ 2 5" Sky Concert Finale Shells ♦ 3" Sky Concert Finale Shells ♦ 4" Sky Concert Finale Shells Total of Grand Finale Low -Level Pyrotechnic Devices Descnotion ♦ 30mm Exhibition Candle ♦ 45mm Exhibition Candle Total of Low -Level Pyrotechnic Devices Grand Total - DO Nt&jv, an it 10 10 Quantity 142 98 40 280 Quantit 75 Shots 200 Shots 400 Shots 400 Shots 200 Shots 200 Shots 200 Shots 400 Shots 400 Shots 300 Shots 162 Shots 20 25 2,982 Quantity 90 60 20 170 u ntit 128 Shots 96 Shots 224 3,666 157 Page 8 I Addition 1 Custom Set Pieces Description Quantity ♦ "Happy 85th El Segundo" Done in 4' Single Letters 1 Total of Custom Set Pieces 1 Grand Total 1 1� ddition 2 Custom Set Piec Description Quantity ♦ "Happy 85`h El Segun " D in 4' Single Letters 1 ♦ El Segundo Blue Butte x10) 1 Tota f Custom Set Pieces 2 Grand Total 2 15R Page 9 4r Z- Su y= n Product Synopsis4 Pyrotechnic Proposal - Addition 1 Custom Set Pieces Description Quantity ♦ "Happy 85th El Segundo" Done in 4' Single Letters 1 Total of Custom Set Pieces 1 Grand Total 1 1� ddition 2 Custom Set Piec Description Quantity ♦ "Happy 85`h El Segun " D in 4' Single Letters 1 ♦ El Segundo Blue Butte x10) 1 Tota f Custom Set Pieces 2 Grand Total 2 15R Page 9 EL SEGUNDO CITY COUNCIL MEETING DATE, May 7, 2002 AGENDA ITEM STATEMENT AGENDA HEADING: New Business AGENDA DESCRIPTION: Consideration and possible action regarding a potential lease between the City of El Segundo and 612 Twin Holdings LLC (formerly Richmond Grand Associates LLC) for 100 parking spaces in a new parking facility to be constructed at 121 W Grand Avenue The cost includes a one -time lease payment estimated at $1,100,000 for the construction of the City's 100 parking spaces plus annual lease payments in the range of $200,000 for 34 years RECOMMENDED 1 Direct staff to complete a lease with 612 Twin Holdings LLC for City Council consideration on June 4, 2002. 2 Alternatively discuss and take other action related to this item BACKGROUND & DISCUSSION: In August 2000, the City Council approved the Downtown Specific Plan which encourages the development of second story additions However, current parking requirements coupled with an existing shortage of parking severely limit the ability to redevelop many of the existing sites. Therefore, it will be imperative to develop additional parking if the goals and objectives of the Downtown Specific Plan are to be fully implemented In addition, this potential lease will meet the full intent of the Grand Avenue District by ensuring the development of a market to serve the community Continued. ATTACHED SUPPORTING DOCUMENTS. Exhibit A — Elevation drawing of parking structure from Richmond Street FISCAL IMPACT: Operating Budget: N/A Amount Requested. N/A Account Number: NIA Project Phase. N/A Appropriation Required: —Yes _X_ No ORIGINATED BY- DATE. � � J mes Hansen, Director of Community, Economic and Development Services Mary Strenn, City Manager 25 159 2 The potential lease is anticipated to provide for 100 parking stalls in a new parking structure of approximately 173 stalls In order to provide sufficient space for 173 vehicles, the portion of the structure facing Grand Avenue will have a second level above the street (about 17 feet which includes a four foot parapet). The northernmost portion facing the former Ralph's store will be approximately 27 feet (including the four foot parapet) from the existing grade that is approximately 7 feet lower than Grand Avenue The differential will essentially provide more vertical space for parking without having to add a full level This is illustrated on Exhibit A, which shows a view from Richmond Street east toward Main Street The developer, 612 Twin Holdings LLC, intends to construct approximately 7,000 square feet of additional retail on Grand Avenue and will lease the existing grocery store budding to Cooke's Family Market for a minimum of ten years The remaining 73 stalls in the parking structure would be used to meet the parking requirements of the market and retail development The developer would pay the cost of constructing those 73 parking stalls The city and 612 Twin Holdings would pay pro rata costs of operating and maintaining the parking facility Those costs have been estimated at $25,000 /annum A term of 34 years is proposed for the lease with the City The City would also have the option to purchase the parking structure near the end of the lease term The costs associated with the proposal include a one -time lease payment of approximately $1,100,000 for the construction of the City's 100 parking spaces, and annual lease payments in the range of $200,000 for the 34 year lease term for a combined total of $7,900,000 The staff is continuing to negotiate the planning details of the project while Council considers the financial terms of a potential lease agreement 160 0 N .J W 7 J Q N 0 0 v J 7 Q �N 7 b C� +� P N —b0- C C Q! •N N ld 3 � v k b o G N (d d 6 b C ttl C7 0 0 e 0 J w o a O O J � � a W z z p O_ p }I U W u m 0 �mL � z G lb 1 I pp C L� N a O � U Z O •� rn W O FZ'- }= u W N U m J W W zm M > O .0 W J z C U Y K ¢ Q u °d d P4 O 1 m � Z H Q N 1 Q w C7 I � 0 z 1 z z O_ p U W u m 0 1 � z I pp C J m W m °o u CO m Ic zm M > O .0 z C U Y 14 ¢ Q u °d d P4 Z H Q o Q w C7 b o 3 v n rn .rl � µ 16' EL SEGUNDO CITY COUNCIL MEETING DATE May 7, 2002 AGENDA ITEM STATEMENT AGENDA HEADING New Business AGENDA DESCRIPTION Consideration and possible action regarding potential amendments to the Circulation Element of the General Plan RECOMMENDED COUNCIL ACTION 1 Provide comments and direction to staff on possible scope of work for Circulation Element update process, or, 2 Alternatively, schedule follow -up meeting to provide direction to staff on possible scope of work for Circulation Element update process BACKGROUND & DISCUSSION, On October 16, 2001, the City Council adopted the recommendation of the Circulation Element Task Force to discontinue processing of the update of the Circulation Element (Environmental Assessment No 454) The Council directed staff to begin a new process, beginning with a development of a scope of work, a budget appropriation, selection of a new consultant, and assumptions for changes to the current Circulation Element The purpose of this report is to provide some background information about the scope of work that was Included In the previous Circulation Element Update and begin to elicit Input on the direction for the new update process Additionally, staff requests that Council either provide direction on some of the broad issues that affect the scope of work at this meeting or schedule at a later date a separate meeting to discuss the specific components of the scope of work, approve a funding source, and Initiate the request for proposal (RFP) process (Continued on next page ) ATTACHED SUPPORTING DOCUMENTS A Circulation Element Update Decision Tree B Planning Commission Staff Report, February 11, 1998 FISCAL IMPACT- Appropriations will be requested at a future meeting based on scope of work 41301,62- M Hansen, Director of Community, Economic and Development Services DATE. / V0.0— Mary S n, City Manager 26 1 G 2 STAFF REPORT May 7, 2002 BACKGROUND & DISCUSSION: (cont.) Page 2 The Technical Report prepared by Meyer, Mohaddes Associates for the previous Circulation Element update contained analysis of the following proposed changes to the General Plan 1) Deletion of certain street extensions in current Master Plan of Streets 2) Conversion of Nash /Douglas one -way couplet to two -way operation 3) Evaluation of increased density (both square footage and residential density) in Downtown 4) Evaluation of increased density in Smoky Hollow Specific Plan area 5) Circulation issues in the residential area Additionally the Circulation Element update included certain assumptions aboutthe future level of bwldout in the City Specifically, the scope of work included an assumption that 20% of the vacant land and potentially recyclable buildings (those buildings at significantly less density than allowed in the General Plan) would be developed over the life of the plan The traffic generation from all known planned or approved projects in the City at the time of the traffic counts was included in the forecasts Expansion of LAX and redevelopment of the Los Angeles Air Force Base was also included in the traffic model The traffic analysis also factored in background growth from the surrounding cities (See Exhibit B, February 11, 1998 Planning Commission staff report for a more detailed description of the methodology used in the Circulation Element ) The Environmental Impact Report (EIR) forthe Circulation Element concluded that there would be unavoidable significant traffic impacts at five intersections in El Segundo as a result of the revisions to the Circulation Element Options In order to proceed with the development of a scope of work to include in a RFP for the new Circulation Element update, staff needs direction on a number of important issues that would affect the scope of work, cost, and length of time to necessary to carry out the project Generally some of these issues are If the answer to this is yes, it would be appropriate to include an update of the Land Use Element of the General Plan and study all the traffic impacts of land uses changes and circulation element revisions at the same time with one EIR The density of development is governed by the Land Use Element 2 Is there a desire to simplify or reduce the scope of work in the Circulation Element to focus on only certain critical changes, which may have the most community support? 16 : STAFF REPORT May 7, 2002 Page 3 As an example, should the Circulation Element update dust Include the revisions to eliminate the Nash - Douglas one -way couplet? The analysis of density changes In Smoky Hollow could be studied In the context of a more comprehensive review of the Smoky Hollow Specific Plan and not the Circulation Element If the update was focused on one or a few Issues, It would be easier to process 3 What set of assumptions should be used to guide the analysis of traffic Impact review? Any analysis of future traffic growth and Impacts requires that a certain number of assumptions be made to predict traffic growth and distribution and future traffic patterns As highlighted in the February 11, 1998 Planning Commission staff report (Exhibit B), there are a great number of assumptions regarding, the planning time frame forthe project and growth factors, among other things, that can Impact the scope of work and the RFP Council direction on these types of assumptions will assist staff In developing the scope of work and budget for the new Circulation Element update 4 What type of public participation should be Included in the Circulation Element process? During the course of the previous Circulation Element, a Task Force was created by the Council to engage the residential and business stakeholders In the community to try to resolve differences A task force or other form of advisory committee could be included from the beginning of this process to afford more community input A possible model for this process was the General Plan Advisory Committee (GPAC) that worked on the 1992 General Plan Direction on the type of public participation will help staff develop the scope of work for the consultant Staff has prepared a "decision tree" (Exhibit A) to graphically depict how the scope of work and schedule could be Impacted by various actions the Council chooses with respect to the elements of study in the scope of work Budget There Is currently no appropriated budget for a new Circulation Element update process The previous contract with Meyer, Mohaddes Associates, which Included several amendments to the scope of work based on the direction from the Council and the Task Force, eventually totaled $102,000 Staff would expect a greater cost for a new Circulation Element update since the original contract began in 1998 and consultant costs have risen over the last four years The cost would also be influenced by the direction Council desires to take with respect to incorporation of density changes, the public participation process and other possible tasks Staff Is not requesting a budget appropriation at this time However, with additional direction from Council on the overall scope of work, staff can develop a project budget for Council consideration at a future meeting P \Planning 8 Building Safety\PROJECTS \576 - 599 \EA - 579 \2 -7 -02 ais2 doc 164 EXHIBIT A Circulation Element Update Decision Tree Change Land Use Density? NO I YES Determine Scope of Work for Determine Scope of Work for Circulation Element Land Use Element and Circulation Element Revisions Determine Assumptions Full scope of issues similar to previous process (i e , reversing Nash - Douglas One -way Couplet, deleting roadway extensions, revise bike routes, revise truck routes, residential impacts) Methodology (i e , Horizon Date, Cumulative Projects, Ambient Growth %, Traffic Distribution, and Undeveloped land) Analyze Traffic impacts Prepare EIR Determine Assumptions Limited scope for Circulation Element only (i e , reversing Nash - Douglas one -way Couplet) Methodology (i e , Horizon Date, Cumulative Projects, Ambient Growth %, Traffic Distribution, and Undeveloped land) Analyze traffic impacts Prepare EIR, Schedule 12 -15 Months 9 -12 Months Determine Assumptions Determine FAR changes to Land Use Element, determine scope of review of Circulation Element Issues (limited or full9) Determine if processed concurrently or sequentially Methodology (i e , Horizon Date, Cumulative Projects, Ambient Growth %, Traffic Distribution, Undeveloped land) Analyze impacts of land use and traffic revisions Prepare EIR 12 -18 Months 165 EXHIBIT B CITY OF EL SEGUNDO INTER - DEPARTMENTAL CORRESPONDENCE Meeting Date; Thursday, February 11, 1998 TO: Honorable Chairman and Members of the Planning Commission FROM: Bret B Bernard, AICP, Director of Planning and Building Safety THROUGH: Laurie B Jester, Senior Planner 4 STAFF VV Q� PLANNERS: Paul Garry, Assistant Planner Emmanuel Ursu, Contract Planner fvw to SUBJECT: Environmental Assessment EA -454. General Plan Amendment 98-4 - Circulation Element Update Land Use Forecast and Master Plans of Streets. Truck Routes. and Bicycle Routes Assumptions Address: Citywide Applicant: City of El Segundo Background At the direction of the City Council, Staff contracted with Meyer Mohaddes Associates (MMA) on October 20,1998, to update the Circulation Element of the City's General Plan. Updating the Circulation Element is necessary in order to maintain consistency with State and local congestion and transportation policies and planning practices. One of the tasks involved in preparation of the Circulation Element update is forecasting future traffic conditions. In order to forecast and plan for future transportation needs, a baseline analysis of existing conditions will be performed then modified based on the projected changes in traffic conditions. Traffic conditions are, in large part, affected by land use patterns. As such, future land use patterns must be projected. In preparation of the land use projections certain assumptions will be made. The purpose of this report is to inform the Planning Commission and the Economic Development Advisory Committee (EDAC) of the methodology and assumptions Staff is proposing to be used to forecast future land use patterns Input, review and consent of the Planning Commission and EDAC is requested The recommendations of the Planning Commission and EDAC will then be forwarded to the City Council for its February 16, 1999 meeting. Recommendation The Planning Division recommends that the Planning Commission- 1) accept input from the EDAC, 2) review the assumptions presented herein, and 3) consent with, or provide direction for modification to the assumptions and methodology. 166 Methodolopv and Assumptions A baseline analysis to measure existing traffic conditions is in the process of being prepared by MMA Once the baseline analysis is completed, projected changes to traffic conditions will be determined and the City's traffic consultant will recommend improvements or modifications to the circulation systems The further into the future that projections are made the less accurate and reliable they become. Staff and MMA believe that realistic projections, for the purposes of the Circulation Element, can be made about 10 years out. Factors beyond the control of the City, such as regional economic, population and real property development trends, will influence the future land use activities within the City. Staff envisions a review of the Circulation Element every five years. Whenever possible, City Staff will utilize data already available. Background studies conducted in 1995, when the City prepared a Traffic Impact Mitigation Fee Study, are a source of data for the Circulation Element Update. Those studies include an inventory of approved projects (not yet constructed), vacant or partially vacant buildings, recyclable (underdeveloped) parcels and vacant land. The information gathered in 1995 will be updated and used in the projection of potential future development and land uses for the purpose of updating the Circulation Element. When the Traffic Impact Mitigation Fee Study was prepared, the City was divided into 28 geographic zones known as Traffic Analysis Zones (TAZ's). The Zones were created because the level of development was not anticipated to be consistent throughout the City and the Zones allowed implementation of a flexible and equitable traffic impact fee Analysis of the land uses for the Circulation Element Update are also broken down by TAZ. Details of how the various sources of data will be used and the assumptions that will be made are discussed below. 1. Major Approved and Active Projects List — All of the projects on the current list of Major Approved and Active Projects will be incorporated into the land use projections. Traffic generation rates, based on the Institute of Transportation Engineer's (ITE) Manual, the industry standard, will be used to determine the amount of traffic to add to the baseline, or actual numbers from traffic studies will be utilized if available. This methodology is consistent with State CEQA requirements 2. Vacant Land Survey — The vacant land survey prepared in 1995 will serve as the basis for a new vacant land survey Staff will review the list of vacant properties and remove from the list any parcels which have been developed since 1995 and add any buildings which have been demolished since 1995 For the purposes of projecting future traffic volumes, MMA will apply the industry recognized standard z 167 Al 40 of a two percent annual growth rate over the 10 -year term of the Circulation Element The two percent annual growth rate is the recognized standard used in growth projections prepared by Los Angeles County for their Congestion Management Program (CMP), by the Southern California Association of Governments (SCAG), by the Metropolitan Transit Authority (MTA), in traffic engineering analyses and typically in Environmental documents prepared in accordance with the California Environmental Quality Act (CEQA). 3. Vacant Buildings — Vacancy rates of commercial and industrial buildings greater than four percent will be incorporated into the projections of future traffic volumes, as 4% vacancy is generally considered to encompass turnover only Vacancy rate data is available from local commercial and industrial real estate brokers The Traffic Impact Mitigation Fee Study did include a number of vacant buildings, which were anticipated to be occupied. Currently, there is less than a 2 percent vacancy rate for industrial space and an 8 28 percent vacancy rate for commercial office space, and approximately a 1 % vacancy rate for retail space. Since vacancy rates of four percent or less are generally accepted to be full occupancy as this percentage encompasses standard turnover, Staff proposes to not include any vacant industrial or retail buildings in the inventory and 4.28 percent vacancy will be included for commercial office space. 4. Recyclable Buildings — In 1995 a list of potentially recyclable buildings was prepared. Recyclable buildings are buildings which are below the allowed FAR, are near the end of their life span and are likely to be replaced. The list was developed by first conducting a windshield survey of the commercial and industrial areas of the City then by reviewing the County Assessor parcel data. Data regarding the parcel size, structure size, and year built was obtained from the Assessor's rolls. Older structures which appear to be in poor condition, are not compatible with the surrounding development and the zoning district in which they are located, and structures significantly under the maximum allowed FAR were considered to be potentially recyclable. This 1995 information has been reviewed and updated for use with the Circulation Element Update Also included in the recyclable buildings survey are buildings which the City Council have targeted for economic development assistance (i.e. long- standing vacant high rise office buildings mainly along Sepulveda Boulevard) These buildings are included in the recyclable buildings survey even though they are above or near the allowed FAR. For the purposes of the Circulation Element update, it will be assumed that 20 percent of the recyclable parcels will be being recycled in the next 10 years. The two percent annual absorption rate is based on the same industry standard growth rate discussed in the vacant land section above. 5. Smoky Hollow — Currently the average FAR in the Smoky Hollow district is 0.8:1 Because the maximum FAR allowed (0 6.1) is less than currently exists, no increase in traffic volumes are forecasted 6. Downtown El Segundo — The City is in the early stages of preparing a Specific 3 168 Plan for the Downtown which will, among other things, potentially increase the allowed FAR. Since the Circulation Element update is scheduled to be completed before it is known whether or not the Specific Plan will allow greater FAR's, MMA will include in its traffic analysis FAR alternatives for Downtown that will be analyzed in the Circulation Element Update Environmental Impact Report (EIR) In addition to FAR considerations, the Circulation Element Update will address the designation of Main Street on the Master Plan of Streets. Currently, Main Street is designated as a secondary arterial (north of Grand Avenue) and a four lane collector (south of Grand Avenue). The possibility of downgrading Main Street within Downtown to a 2 or 3 lane collector will be analyzed 7. Residential — Staff has analyzed parcel data by Traffic Analysis Zone (TAZ) Using Assessor's data the number of lots and existing single -family and multi -family housing units by Zoning district was calculated. In the Single -Family Residential (R- 1) and Two -Family Residential (R -2) Zones there are more dwelling units then there are lots. Therefore, no increase in traffic generation from property Zoned R -1 or R -2 is projected. In addition, Staff has also analyzed the Multi - Family Residential (R -3) Zone and found that there are more existing units then would be permitted under current zoning density limits. Therefore, no net intensification of development in the R -3 zone is projected either. 8. Roadway Extensions — When the current Circulation Element was prepared in 1992, potential roadway extensions, which were included in the prior Circulation Element, were also included in the Master Plan of Streets in order to help alleviate traffic congestion Given the significant obstacles in the path of most of the potential roadway extensions, such as railroads and existing development, the City Council directed Staff and MMA to analyze the potential impacts of eliminating roadway extensions identified in the current Circulation Element Master Plan of Streets as listed below. a) Nash Street between Park Place and El Segundo Boulevard; b) Hughes Way between its current terminus and Utah Avenue; C) Grand Avenue between Duley Road and Aviation Boulevard, and, d) Manposa Avenue between Douglas Street and Aviation Boulevard 9. Truck Route Master Plan — Along with evaluating roadway extensions, the feasibility of the following Truck Routes should be evaluated, unless directed otherwise a) the Nash Street extension (Nash Street between Park Place and El Segundo Boulevard), b) the Grand Avenue extension (Grand Avenue between Duley Road and Aviation Boulevard); and, c) Grand Avenue between Main Street and Sepulveda Boulevard 10. Bicycle Master Plan — No changes are contemplated to the Bicycle Master Plan 1R9 r 11. One -Way Couplet — At the Council's direction, Staff will also evaluate the traffic implications of eliminating the Nash - Douglas one -way couplet from the Circulation Element. The couplet has been in operation for approximately one -year, However, based on input from existing businesses and due to recent development in the area, it has been suggested that these two streets would operate more efficiently as two - way streets as originally constructed The traffic improvements expected by the one - way couplet do not appear to have been realized CONCLUSION: Staff believes that the assumptions discussed above will produce realistic growth projections and a complete evaluation to serve as a basis for updating the Circulation Element. EXHIBITS 1. Traffic Analysis Zone Map 2. Major Approved and Active Projects List and Map 3. Vacant Land Survey 4. Recyclable Buildings Survey 5. Master Plan of Streets 6. Master Plan of Truck Routes 7. Master Plan of Bicycle Routes P epared by: L 1' Paul Garry As istant Planner .. Emmanuel U u Contract Planner Reviewed by: Laune B Jester Senior Planner 170 EL SEGUNDO CITY COUNCIL AGENDA ITEM STATEMENT AGENDA MEETING DATE. May 7, 2002 AGENDA HEADING: Reports — City Clerk Consideration and possible action on the City Council's ability to establish precincts and polling places for the June 18, 2002 special election, the City Council's ability to establish election procedures for future elections, a report from the City Clerk regarding the recommended precincts and polling locations for the June 18, 2002 special election, vehicle parking in areas adjacent to polling locations, the costs of conducting elections, policies and practices for the mailing of sample ballots prior to the April 9, 2002 General Election RECOMMENDED COUNCIL ACTION Discuss and take other action related to this item BACKGROUND & DISCUSSION On April 16, 2002, the City Council directed staff to provide the Council with information regarding election procedures The Council requested that the following issues be addressed the City Council's ability to establish precincts and polling places for the June 18, 2002 special election, the City Council's ability to establish election procedures for future elections, the costs of conducting elections, the mailing of sample ballots prior to the April 9, 2002 General Election, the recommended precincts and polling locations for the June 18, 2002 special election, and vehicle parking in areas adjacent to polling locations (Please see attached page marked "Background and Discussion ") ATTACHED SUPPORTING DOCUMENTS None FISCAL IMPACT. Operating Budget: N/A Amount Requested. N/A Account Number, N/A Project Phase, Appropriation Required- _Yes X No ORIGINATED BY DATE. April 29, 2002 Mary St n, City Manager b�Z 7 Background and Discussion (con't): Council Alternatives Reaardmg Current and Future Elections While the Council may wish to consider taking action for future elections, it appears that there is insufficient time to establish new election procedures, including precincts and election polls, for the Special Election scheduled for June 18, 2002 Under the California Elections Code, the "elections official" is the person responsible for administering elections For cities, the "default" elections official is the city clerk However, the Elections Code also defines the elections official as "any person who is charged with the duty of conducting an election," including, without limitation, the county clerk, registrar of voters, elections supervisor or a governing board Since the statutory duties of a city clerk do not include election oversight, there does not appear to be any law that would prevent the City Council from adopting an ordinance designating a person other than the city clerk as the elections official including, without limitation, the City Council Alternatively, the Council could request that the County perform the duties of an elections official Agreeing to perform such services, however, is at the County's discretion Moreover, the decisions relating to precincts and polling places would be made by the County, should the Council choose that option Although the City Council may wish to consider alternatives for future elections, it does not appear that there is sufficient time to make any such changes for the June 18th election For example, it would take a minimum of sixty days to designate a new person to act as the elections official, This action would require that an ordinance be introduced, be adopted at a second reading, and become effective thirty days after adoption — giving it an effective date (at the earliest) of June 21, 2002 The Elections Code, however, requires that the precincts and polling places be established at least twenty -nine days before the election — not later than May 19, 2002 Additionally, there is a practical consideration that printed materials related to the June 18, 2002 election must be submitted to the printer not later than May 10, 2002 Recommended Precincts and Pollina Places For June 18, 2002 Election Establishing the number of precincts and polling places in an election is, for the most part, within the elections official's discretion The only limitation on this discretion is that the number of precincts be "convenient" and that a polling place be established in each precinct, the elections code does not provide guidance on the term "convenient " The City Clerk has established five voting locations at three different sites for the upcoming election. The polling locations will be City Hall, the El Segundo Public Library and El Segundo Middle School There will be two polling locations at the Library and Middle School There will be one polling location at City Hall For the purposes of comparison, it should be noted that the City Clerk's office established three precincts and three polling locations for the April 14, 1998 general municipal election 172 During the fast regular meeting, members of the City Council expressed concerns about using school sites as polling locations The City Clerk's office shares those concerns and is seeking alternatives to using school sites during upcoming elections However, the fact remains that polling locations must meet Americans with Disabilities Act (ADA) handicapped accessible requirements, and school sites are among a relatively small number of buildings that fully comply with those requirements Accordingly, schools represent a reasonable and well- known alternative for polling place locations Vehicle Parking in Areas Adiacent to Polling Locations Additional parking spaces will be designated for voter parking at each polling location between 6.00 a m and the close of the polls At City Hall, five parking spaces outside the Holly Street entrance and three spaces on Main Street will be designated for voter parking only Five parking spaces will be reserved outside the Library and two spaces will be reserved in front of El Segundo Middle School After 3.00 p m on election day, the loading zone in front of the Middle School will be marked "Voter Parking Only City crews will bag any "No Parking" signs in front of those locations The City Clerk's office will notify the School District In addition, the Council should note that the "Jazzerase" class held regularly at the Middle School on Tuesday evenings will be cancelled on election day, thus reducing the number of persons seeking to park adjacent to the school in the early evening Dial -A -Ride will also be available all day to transport voters to their polling locations Election Costs The City Clerk estimates that the cost of the June 18, 2002 "stand alone" election will be $46,000 The following is an approximate breakdown of those costs $30,000 for election vendor services (Martin and Chapman), $3,000 for Los Angeles County Services, $3,000 for advertising and publishing, $3,500 for copying charges, $3,000 for postage, and $3,500 for needed operating supplies The cost of the November 7, 2000 "consolidated" election for Measure D (Airport Parking Tax) was $15,684 The breakdown of those costs is a follows- $13,465 for Los Angeles County Services, $837 for operating supplies, $75 for publishing, $1,250 for copying charges and $57 for postage It should be noted, however, that this election was part of the consolidated County election held on that date For reference, the term "consolidated refers to a situation in which a local entity chooses to schedule an election on the same day as the statewide primary or general election, and authorizes another agency (usually the County) to conduct the election on behalf of the local entity The term "stand alone" refers to the circumstance in which a local entity fully administers an election and canvasses the results Generally, consolidated elections are less expensive to conduct than stand alone elections because many of the costs associated with elections are spread out among the number of local entities who have authorized the County to run their elections 173 For comparison purposes, the El Segundo School District reports the following costs for recent elections The "consolidated" election of November 6, 2001 (Measure E) cost $7,559 The 1999 "consolidated" general election cost $17,451 and the 1998 "stand alone" special election cost $29,408 A cost breakdown for those elections was not provided Sample Ballot Delivery Issues The City Council and members of the public expressed concerns that sample ballots were not mailed to all registered voters Upon inquiry into the matter, the City Clerk's office determined the following: Martin and Chapman delivered the first sample ballot mailing to the Post Office on March 6, 2002 However, more than 1,300 addresses were not included in the first mailing file received from the County The discrepancy was corrected on March 18, 2002, and sample ballots, along with the new "29 day" registered voters, were delivered by Martin and Chapman to the Post Office on March 22, 2002 However, there appeared to be a pattern of undelivered ballots Specifically, registered voters residing on the 500 block of Oregon, 500 block of Kansas, 500 block of California, 500 block of Nevada, 500 block of Bungalow, 500 block of Maryland and 500 block of Lomita (approximately 25 addresses) reported to the City Clerk's office that they did not receive sample ballots The City Clerk's office contacted the Postal Supervisor of the El Segundo Post Office to inquire about the issue The Postal Supervisor indicated that the streets in question represented three separate postal routes and that he did not know why residents on those streets did not receive sample ballots, Finally, the Council requested information on the number of "Vote by Mail" ballots requested and returned to the City Clerk's office during the most recent election and during the City's 1998 General Election For the April 14, 1998 election, 700 "mail" ballots were returned to the City Clerk's office The City has no record of the number of "Vote by Mad" ballots requested by residents for that election Prior to the April 9, 2002 election, the City Clerk received 996 "mail" ballot requests 685 of those ballots were returned to the City 174 EL SEGUNDO CITY COUNCIL AGENDA ITEM STATEMENT AGENDA MEETING DATE- May 7, 2002 AGENDA HEADING: Reports - Mayor Gordon Consideration and possible action regarding the assignment of Council Members to various intergovernmental agencies, other local agencies and ad hoc subcommittees RECOMMENDED COUNCIL ACTION. (1) Approve and Implement assignments, (2) Alternatively, discuss and take other action related to this item BACKGROUND & DISCUSSION After the seating of every newly elected Council, the Council considers appointments to serve on various intergovernmental agencies, other local agencies and ad hoc subcommittees ATTACHED SUPPORTING DOCUMENTS. A table listing current Council appointments to intergovernmental agencies, local agencies and ad hoc subcommittees and task forces. FISCAL IMPACT, None Operating Budget Amount Requested. Account Number Project Phase. Appropriation Required Yes _ No ORIGINATED DATE. April 29, 2002 Mayor Mike ordon REVIEWED By' DATE April 29, 2002 s� i Mary S n, Clty Manager L 1;5 28 AGENCY /COMMITTEE /COMMISSION DELEGATE /ALTERNATE MSRC- Mobile Source Air Pollution Reduction Review SJ apptd by SCAG Ex Committee of the AQMD Air Quality Management Comm as Alt to Ron Roberts District of Temecula COG a/ka SBCCOG — South Bay Cities Council of SJ, Alt MG (7/18/00) Governments, f /k/a South Bay Cities Assoc *COG Steering Committee Si *TOC Transportation Oversight Committee Si *LAX Standing Committee MG El Segundo - Hyperion Citizens Forum NW, KM Informal Hyperion Citizens Forum NW, KM ICA- Independent Cities Assoc. KM ICRMA- Independent Cities Risk Management Authority KM, Alt NW LAX Airport Area Advisory Committee NW, + 2 LAXMAC members LEAGUE - League of California Cities KM, Alt NW City Selection Committee MAX - Municipal Area Express Transportation Comm JG, Alt NW SanDist -LA Co Sanitation District Bd Of Directors MG, Alt KM SBEDP -South Bay Economic Development Partnership SJ, Alt JG SCAG- Southern California Association of Governments - *ADR- Alternate Dispute Resolution Si *MagLv — JG resigned Open *TCC -Trans ortation & Communication Comm. Si SCCJPC- Southern California Cities Joint Powers JG, Alt MG Consortium SBCSCE -South Bay Cities Standing Comm. On Energy- JG, Alt MG 10 /01- Redondo Bch SMBRP -Santa Monica Bay Restoration Project- Bay NW, Alt SJ Water Shed Council West Basm- West/Central Basin Water Assoc KM, Alt MG Youth -South Bay Youth Project, f /k/a So Bay Juvenile NW, Alt JG Diversion Project ROAD -Reach Out Against Drugs MG, Alt JG LAX Master Plan Advisory Commission ( LAXMAC) Liaison JG, Alt MG Aviation Safety and Noise Abatement Committee Liaison JG, Alt. NW ASNAC West Vector Control District SG, Current term expires 4/03 176 APPOINTMENTS TO AD HOC COUNCIL SUBCOMMITTEES /TASK FORCES DELEGATE /LIAISON Downtown Construction Ad Hoc Subcommittee Mike Gordon Kell McDowell School /City Affairs Subcommittee Mike Gordon Sandy Jacobs Water Rights Leasing Ad Hoc Subcommittee Mike Gordon Sand Jacobs Ad Hoc Subcommittee for Management Salary and Mike Gordon Benefits (Sunsets 7/l/02) Sandy Jacobs Council Agendas \050702 Committee- Extemal & Intemal Assignments doc 177