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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
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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
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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
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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
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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)
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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)
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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
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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 ")
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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 )
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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
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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
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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