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2002 MAY 21 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 21, 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 se q) 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)) Glover v City of El Segundo, LASC No YC039465 City of El Segundo v Stardust, LASC No YC031364 City of El Segundo v South Bay Regional Public Communications Authority LASC, YC040688 01 4 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) -1- potential case (no further public statement is required at this time), Initiation of litigation pursuant to Government Code §54956 9(c) -1- matter 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) — None SPECIAL MATTERS — None 2 02 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 21, 2002 — 7:00 P.M. Next Resolution # 4259 Next Ordinance # 1346 7:00 P.M. SESSION CALL TO ORDER INVOCATION — Minister Greg Barentine of Community of Christ PLEDGE OF ALLEGIANCE — Council Member Nancy Wernick PRESENTATIONS — (a) Commendation presented to Liz West, for her service to the community as President of the Chamber of Commerce, 2001 -2002 ROLL CALL 01 PUBLIC COMMUNICATIONS — (Related to City Business Only— 5 minute limit per person, 30 minute limit total) Individuals who have received value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so identify themselves prior to addressing the City Council Failure to do so shall be a misdemeanor and punishable by a fine of $250 While all comments are welcome, the Brown Act does not allow Council to take action on any item not on the agenda The Council will respond to comments after Public Communications is closed A. PROCEDURAL MOTIONS Consideration of a motion to read all ordinances and resolutions on the Agenda by title only. Recommendation — Approval B. SPECIAL ORDERS OF BUSINESS C. UNFINISHED BUSINESS D. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS Consideration and possible action regarding the setting of a date and time for interviewing candidates to the various Committees, Commissions and Boards. Recommendation — (1) Set date for interviews of candidates to the Recreation and Parks Commission, the Library Board of Trustees, the Planning Commission and the Senior Citizen Housing Corporation Board, for 6 00 p m , Tuesday, June 4, 2002, (2) Alternatively, set interviews for a date other than June 4'h, (3) Or, 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 Warrant Numbers 2525178 to 2525576 on Register No. 15 in the total amount of $1,360,992.62 and Wire Transfers from 04/27/02 through 05/10/02 in the amount of $290,497.07. 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 0 A 3. City Council Meeting Minutes of May 7, 2002. Recommendation — Approval 4. Consideration and possible action regarding an addendum to U.S. Landscapes, Inc. contract for maintenance of Freedom and Independence Parks. Recommendation — (1) Authorize the City Manager to sign the addendum with U S Landscapes, Inc , (2) Alternatively, discuss and take other action related to this item 5. Consideration and possible action regarding the authorization to issue a purchase order to the City's mandated "Harassment in Employment" training. Recommendation — (1) Authorize the City Manager to approve a purchase order to Ltebert, Cassidy & Whitmore in the amount of $12,500 for city -wide Harassment in Employment training on June 17tH 1 gih 20 26th and 28th, (2) Alternatively, discuss and take other action related to this item 6. Consideration and possible action to approve the purchase of Thermal Imaging Cameras for the Fire Department. (Fiscal Impact — Not to exceed $74,800.00). Recommendation — (1) Approve the purchase of three thermal imaging cameras from Special -T Fire Equipment If purchased together, the Fire Department will receive an additional camera provided at no charge under a "three for two" promotion, (2) Alternatively, discuss and take other action related to this item 7. Consideration and possible action regarding adoption of a resolution establishing "NO STOPPING — TOW AWAY ZONE" for the west side of Sepulveda Boulevard (State Highway Route 1) between Holly Avenue and Palm Avenue. Recommendation — (1) Adopt resolution, (2) Authorize staff to forward a copy of the resolution to Caltrans for posting of the parking regulation signs, (3) Alternatively, discuss and take other action related to this item 8. Consideration and possible action for acceptance of the road deed from OMP Douglas Property Company for Duley Road. Recommendation — (1) Accept road deed, (2) Authorized the City Manager to accept the road deed, (3) Alternatively, discuss and take other action related to this item 9. Consideration and possible action concerning authorization for the City of El Segundo to continue participating in the Los Angeles Urban County Community Development Block Grant (CDBG) Program, Home Investment Partnerships 5 05 Program, and Assisted Housing Programs for the next three year cycle for the Federal Fiscal Years 2003 -2005 (July 1, 2003 through June 30, 2006). Recommendation — (1) Adopt Resolution authorizing continued participation in the Los Angeles Urban County Community Development Block Grant (CDBG) Program, and for the next three years effective July 1, 2003 through June 30, 2006, (2) Authorize the Mayor to execute the attached Cooperation Agreement between the City of El Segundo and the County of Los Angeles, (3) Alternatively, discuss and take other action related to this item 10. Consideration and possible action regarding a resolution supporting space enterprise in the City of El Segundo. Recommendation — (1) Adopt the attached resolution establishing a City of El Segundo space policy, (2) Alternatively, discuss and take other action related to this item 11. Consideration and possible action regarding approval of the SPCA contract for animal sheltering services. (Fiscal Impact - $26,400). Recommendation — (1) Approve SPCA contract for animal sheltering services and authorize the City Manager to execute, (2) Alternatively, discuss and take other action related to this item 12. Consideration and possible action regarding Assignment of Right, Title and Interest in Public Service Agreement No. 2798 between the City of El Segundo Just Right Help II, Inc. to AccentCare, Inc. Recommendation — (1) Approve Assignment, (2) Authorize the City Manager to execute request on behalf of the City, (3) Alternatively, discuss and take other action related to this item CALL ITEMS FROM CONSENT AGENDA NEW BUSINESS — 13. Consideration and possible action authorizing Shute, Mihaly and Weinberger to consult with counsel for the El Toro airport proponents to ensure that regional airport interests are incorporated into pending and future litigation (Fiscal Impact - $50,000). Recommendation — (1) Authorize Shute, Mihaly and Weinberger to consult with the proponents of the proposed El Toro airport on issues related to strategy and current and future litigation, (2) Alternatively, discuss and take other action related to this item 06 F. REPORTS — CITY MANAGER — NONE G. REPORTS — CITY ATTORNEY — NONE H. REPORTS — CITY CLERK — NONE REPORTS — CITY TREASURER — NONE J. REPORTS — CITY COUNCIL MEMBERS Council Member McDowell — Council Member Gaines — Council Member Wernick — Mayor Pro Tern Jacobs — Mayor Gordon — PUBLIC COMMUNICATIONS — (Related to City Business Only — 5 minute limit per person, 30 minute limit total) Individuals who have received value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so identify themselves pnor tc addressing the City Council Failure to do so shall be a misdemeanor and punishable by a fine of $250 While alp comments are welcome, the Brown Act does not allow Council to take action on any item not on the agenda The Council will respond to comments after Public Communications is closed MEMORIALS CLOSED SESSION The City Council may move into a closed session pursuant to applicable law, including the Brown Act (Government Code Section §54960, et seq) for the purposes of conferring with the City's Real Property Negotiator, and/or conferring with the City Attorney on potential andlor existing litigation, andlor discussing matters covered under Government Code Section §54957 (Personnel), andlor conferring with the City's Labor Negotiators REPORT OF ACTION TAKEN IN CLOSED SESSION (If required) ADJOURNMENT POSTED DATE CS J 2 TIME NAME l O� G C 07 EL SEGUNDO CITY COUNCIL MEETING DATE- May 21, 2002 AGENDA ITEM STATEMENT AGENDA HEADING. COMMITTEES, COMMISSIONS & BOARDS AGENDA DESCRIPTION- Consideration and possible action regarding the setting of a date and time for Interviewing candidates to the various Committees, Commissions and Boards RECOMMENDED COUNCIL ACTION: (1) Set date for Interviews of candidates to the Recreation & Parks Commission, the Library Board of Trustees, the Planning Commission and the Senior Citizen Housing Corporation Board, for 6 00 D m , Tuesday. June 4, 2002, (2) Alternatively, set interviews for a date other than June 4", (3) Or, discuss and take other action related to this item BRIEF SUMMARY: Various Candidates, including Incumbents, have responded to the attached list of Vacancies which has been posted since January 2002 at City Hall, the El Segundo Pubic Library, on Cable, at the Chamber of Commerce, Joslyn and Clubhouse and advertised in the El Segundo Herald and the quarterly newsletter, "Inside El Segundo " Effective April 15, 2002, we have received the resignation of a Recreation & Parks Commissioner, leaving an additional second vacancy to be filled, with term expiration of 5/30/05 Applications to the various openings may be filed with the Council Office by interested candidates up until 5 00 p m of the Friday before the Tuesday interview date ATTACHED SUPPORTING DOCUMENTS' Listing of Committees, Commissions and Boards ( "CCBs) - Vacancies for Year 2002, and, Background Information on CCBs FISCAL IMPACT N/A ORIGINATED: Julia Abreu - Mason, Executive Assistant Date: May 9, 2002 REVIEWED BY- Mary Strenn, City Manager Date- May 9, 2002 r�Va z. ja ab @002 \052102 Agm&— Sd Intc cws d c OR 1 CITY OF EL SEGUNDO COMMISSIONS, COMMITTEES, AND BOARDS Vacancies for Year 2002 TO APPLY, CONTACT CITY HALL ADMINISTRATION, #3101524 -2302 TI=RM EXPIRES /OPENINGS MAY RECREATION & PARKS COMMISSION: (4 Yr Term — No Term Limit - All Residents) Colleen Glynn -Rich (apptd 911198 to 18' 4- yrterm) JUNE LIBRARY BOARD OF TRUSTEES- (3Yr Term — Max 2 Term Limit - All Residents) Nick Gerenday (apptd 1118100 to unexpired term of Conley) Don Carter (reapptd 9/21/99 to 2nd 3 -yr term) PLANNING COMMISSION* (4 Yr Term — No Term Limitation) (All Residents) Michael Kretzmer (apptd 814198 to 1st 4 -yr term) SENIOR CITIZEN HOUSING CORPORATION BOARD: (4 Yr Term — No Term Limit - All Residents) Paula Rotolo (apptd 1118100 to unexpired term of Tim Norland) 05/30/02 06/30/02 06/30/02 06/30/02 06/30/02 OCTOBER EL SEGUNDO COMMUNITY CABLE ADVISORY COMMITTEE: (4 Yr Term — No Term Limit - All Residents) Nancy Pfeifer (carry over from 2001) 10131101 (Member resigned before expiration of term) 10/31/02 NOVEMBER CAPITAL IMPROVEMENT PROGRAM ADVISORY COMMITTEE: (4 Yr Term — No Term Limit — 2 Business /3 Residents) Michael D. Dugan ( apptd, 6/9/98 to 1st 4- yrterm) @ 11/30/02 The following CommltteeslCommissions/Boards do not have term expirations, but from time to time, due to resignations of members, candidates will be asked to apply LAX MASTER PLAN ADVISORY COMMISSION- (Ad Hoc — Indefinite Terms) NONE ECONOMIC DEVELOPMENT ADVISORY COUNCIL: (No term expiration) NONE POSTED- December 19, 2001 @ a m. By. 09 BACKGROUND INFORMATION ON COMMITTEES /COMMISSIONS/BOARDS Capital Improvement Project Advisory Committee: (Public Works) is a 5- member committee, composed of 3 residents and 2 local Business representatives (no residency requirements for business reps) Members serve without compensation, for 4 -year terms, without term limits The Director of Public Works and the Director of Administrative Services provide staff support to the committee The committee assists in the development of the 5 -year Capital Improvement Program ( "CIP ") Each year staff proposes CIP projects for a 5 -year period. The committee reviews these projects and makes recommendations to the City Council for funding consideration in conjunction with the City's annual budget process In addition to the projects proposed by staff, the committee holds a community workshop each year to receive project requests from the general public The committee meets during the months of March, April, May and June of each year so that its recommendations to the City Council can be finalized in July The meetings are generally held on a weekly or as needed basis Community Cable Advisory Committee: (Recreation & Parks) was restructured in July 1994 It is a 5- member committee, composed of residents, who serve without compensation, for 4 -year terms, without term limits The committee acts in an advisory capacity to the Community Cable Manager and the City Council regarding the policies and procedures surrounding governmental, educational, local origination, and community programming for channels 3 and 22 in the City of El Segundo The Committee meets on the 15` Wednesday of every month, at 7.00 pm, in the Cable Studio at El Segundo High School Economic Development Advisory Council: (Community, Economic and Development Services) is a spin -off of the City /Chamber of Commerce Business Retention & Attraction Task Force, originally established in 1990/91 The Committee was restructured in June 1994 by the City Council to implement the City's Economic Development Strategic Plan It is a 9- member committee, whose members represent a cross - section of the community, and includes both residents and non - residents The committee positions have no term expiration, and members serve without compensation The committee's primary responsibility is to provide support and direction to staff, and to advise the City Council on business retention and attraction and implementation of the City's Economic Development Program The committee meets on an "as needed" basis Investment Advisory Committee: (Treasurer /Administrative Services) was established by Resolution #3764 dated June 2, 1992 This is a 4- member committee, two are automatic appointments — (City Treasurer and Director of Administrative Services), the other two members (one of whom must be a resident of El Segundo) serve without compensation, for 4 -year terms, without term limits The committee advises the City Treasurer and City Council on matters pertaining to the investment of the City's idle funds The committee meets on the 3rd Tuesday of every quarter Library Board of Trustees: (Library) was established by City Council Resolution #3665 on December 4, 1990, pursuant to Education Code Section 18910 et seq The Board's 5- members must be 1 -year, or more, residents of El Segundo, who serve without compensation. Trustees serve for 3 -year terms and may not serve for more than 2 consecutive terms The board acts in an advisory capacity to the City Council in all matters pertaining to the Library and cooperates with other governmental agencies and civic groups in the advancement of sound planning and Jam cW2002051002 Remsed CCB Bkgrd Into doc 1 n programming The board considers, reviews, edits, and issues policy recommendations on library service, recommends the adoption of standards pertaining to library services and programs and makes recommendations for the provision of adequate library services consistent with community needs The board may administer any trust declared or created for the Library and approves the Library's Annual Report to the State Librarian The board meets on the 2nd Tuesday of every other month, starting in January at 7 00 p in, in the Library's Matsui International Meeting Room Planning Commission: (Community, Economic and Development Services) was established pursuant to the Planning Laws of the State of California (Sec 65100- 65106) on August 20, 1946 by City Ordinance 4300 The commission is comprised of 5- members who serve with minimal compensation, for 4 -year terms, without term limits The commission makes recommendations to the City Council on the adoption or amendment of the City's General Plan, performs duties with respect to land subdivision, planning and zoning as prescribed by City and State law, and, advises the City Council on those matters falling within its charged responsibilities in a manner reflecting concern for the overall development and environment of the City as a setting for human activities The Commission meets on the 2na and 4b Thursday of each month, at 7:00 p in, in City Hall Council Chambers. Recreation & Parks Commission: (Recreation & Parks) was established on March 23, 1938 by Resolution #448 It is comprised of 5- members, who must be residents of El Segundo Commissioners serve with minimal compensation for 4 -year terms, without term limits The commission advises the City Council on all matters pertaining to recreation, parks, parkways and street trees It makes recommendations to the City Council regarding level of services, policies and assists in implementing Recreation and Parks Department improvements and programs, including youth counseling, senior outreach, golf operations, city transportation, and in the acquisition and disposal of park property The commission meets on the 3`d Wednesday of each month, at 7 00 p in , in City Hall Council Chambers Senior Citizen Housing Corporation Board: (Recreation & Parks) is a non -profit corporation formed in 1984 for the construction of the low- income housing facility for seniors, referred to as "Park Vista " The Board of Directors was established in 1986 to actively oversee the management, operation, maintenance, and finances of Park Vista The Board enters into an operating agreement with the City Council, and enlists a management company to operate the facility The Board, comprised of 7 directors, all El Segundo residents (per bylaws), serve without compensation, for 4 -year terms, without tern limits The Board meets on the 4`h Wednesday of every month, at 7 00 p in, at the Joslyn Center, 339 Sheldon Street, El Segundo Refer to Board Handbook, rev November 1996 LAX Master Plan Advisory Commission: (Administration) was established on May 18, 1999 by Resolution #4114 It is comprised of 2 members from the City Council and 7 members, all residents of El Segundo The commission positions have no term expiration, and the members serve without compensation The commission was formed for the express purpose of assisting the City Council in reviewing the LAX Master Plan and opposing the expansion of LAX The commission meets on an "as needed" basis Jan, ccb00021051002 Remised CCB 9k9rd Info doc 2 (\ ! �Z \_ \§!(z§( : §§0 | § \\ ;)«§ !;) § §§0.1 ;E)};2,�§! °Kr [ ::1§i` § §§2 §t)) §t ;_ ®l =,r■ °B��E:z ;! ;�..8. : =���l,l�r _��- \ § § §!!!|! |!! «I \!§E§!! |[§!§ � !!!•l : : = = =___ ; ;l, ;,, ; ; : :!! 4 72 ) [ \ \z �I o - - - , o � \ � \§ ) EE ; \ Z! 0 ! |# {| } |. !\ {! ! /)E ; . )\ \ a. �!!� • !{ / § !) / # | \)� { ! ? ;; «!f ! i !!!|! ! f �Z �! ) \\ { / } 4 72 CITY OF EL SEGUNDO PAYMENTS BY WIRE TRANSFER 04/27/2002 THROUGH 05/1012002 Date Payee Amount Description 4/29/02 Seimens 47,751 95 Qtr Energy Mgmt 4/29/02 Federal Reserve 15000 Employee Savings Bonds EE 4/29/02 Federal Reserve 85000 Employee Savings Bonds 1 5/2/02 Health Comp 4.33416 Weekly claims 4/26 5/8/02 Health Comp 89965 Weekly claims 513 5/9/02 Employment Development 35,549 47 State Taxes PR 23 5/9102 IRS 181,010 60 Federal Taxes PR 23 5/10/02 Federal Reserve 25000 Employee Savings Bonds EE 5/10/02 Federal Reserve 45000 Employee Savings Bonds 1 4/27- 05/10/02 Workers Comp Activity 19,251 24 SCRMA checks issued DATE OF RATIFICATION: 05/21/02 TOTAL PAYMENTS BY WIRE: Certified as to the accuracy of the wire transfers by 290,497 07 �/1 0 Date s�z Date Date Information on actual expenditures is available in the City Treasurer's Office of the City of El Segundo 290,497.07 11 MINUTES OF THE REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, MAY 7, 2002 — 5:00 P.M. 5:00 P.M. SESSION CALL TO ORDER — Mayor Gordon at 5 00 p m ROLL CALL Mayor Gordon Present Mayor ProTem Jacobs Present Council Member Gaines Present Council Member McDowell Present Council Member Wernick Present CLOSED SESSION: The City Council moved into a closed session pursuant to applicable law, Including the Brown Act (Government Code Section §54960, gt sue) for the purposes of conferring with the City's Real Property Negotiator, and /or conferring with the City Attorney on potential and /or existing litigation, and /or discussing matters covered under Government Code Section §54957 (Personnel), andlor 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 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 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 MAY 7, 2002 PAGE NO 1 t "3 MINUTES OF THE REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, MAY 7, 2002 — 7:00 P.M. 7:00 P.M. SESSION CALL TO ORDER - Mayor Gordon at 7 00 p m. INVOCATION — Chaplain Jim Rozman of the Los Angeles Air Force Base PLEDGE OF ALLEGIANCE — Council Member John Gaines PRESENTATIONS — (a) Council Member McDowell presented a Proclamation to Police Chief Wayt and Fire Chief Angelo 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 (b) Council Member Wernick presented 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 (c) Mayor ProTem Jacobs read a 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 Mayor Gordon Present Mayor ProTem Jacobs Present Council Member Gaines Present Council Member McDowell Present Council Member Wernick Present PUBLIC COMMUNICATIONS — (Related to City Business Only — 5 minute limit per person, 30 minute limit total) Individuals who have received value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so identify themselves 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 MINUTES OF THE REGULAR CITY COUNCIL MEETING MAY 7, 2002 PAGE NO 2 15 Chuck DeDeurwaerder resident spoke regarding curb cuts and sidewalk Improvements 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 Chuck DeDeurwaerder resident spoke on sidewalk improvements Edward Grant spoke regarding the 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 Joseph J Riordan, El Segundo Cub Scout Pack 968C, requested 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 J P Sellens, El Segundo Police Officers Association, requested 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 Presentation by Bob Holden, Los Angeles World Airports' (LAWA), demonstrating an on -line commercial flight tracking program A. PROCEDURAL MOTIONS Consideration of a motion to read all ordinances and resolutions on the Agenda by title only MOVED by Council Member Wernick, SECONDED by Council Member Gaines, to read all ordinances and resolutions on the Agenda by title only MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 B. SPECIAL ORDERS OF BUSINESS C. UNFINISHED BUSINESS 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 Greg Johnson, Director of Recreation and Parks, and Sgt Scott Doukakis gave a report MOVED by Mayor ProTem Jacobs, SECONDED by Council Member Wernick, to approve the Recreation and Parks Commission recommendation to place a training fence at MINUTES OF THE REGULAR CITY COUNCIL MEETING MAY 7, 2002 PAGE NO 3 Ill Constitution Park and direct staff to fabricate the fence per specifications MOTION PASSED BY UNANIMOUS VOICE VOTE. 510 2. Consideration and possible action regarding applying for Tree City U S A status through the Arbor Day Foundation Mary Strenn, City Manager gave a brief report MOVED by Council Member McDowell, SECONDED by Council Member Gaines, to direct staff to complete the application for Tree City U S A status and forward it to the Arbor Day Foundation MOTION PASSED BY UNANIMOUS VOICE VOTE. 510 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 Approved 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 and authorized staff to release Ratify Payroll and Employee Benefit checks, checks released early due to contracts or agreement, emergency disbursements and /or adjustments, and wire transfers. 4 PULLED FOR DISCUSSION BY COUNCIL MEMBER WERNICK 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) 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) 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 AM to 4 00 P M (Fiscal Impact - $100 00) 8 Received and filed Monthly status report on Capital Improvement Program Projects — (No fiscal impact) 9 PULLED FOR DISCUSSION BY COUNCIL MEMBER GAINES 10. PULLED FOR DISCUSSION BY COUNCIL MEMBER WERNICK 11 PULLED FOR DISCUSSION BY COUNCIL MEMBER WERNICK MINUTES OF THE REGULAR CITY COUNCIL MEETING MAY 7, 2002 PAGE NO 4 17 12 Awarded Contract No 3004 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) Authorized the City Manager to execute on behalf of the City 13 Approved Change Order No 1 in the amount of $2,313 60, Accepted 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) as complete, Authorized the City Clerk to file the City Engineer's Notice of Completion in the County Recorder's Office 14. PULLED FOR DISCUSSION BY COUNCIL MEMBER WERNICK 15 PULLED DUE TO A POTENTIAL CONFLICT BY MAYOR GORDON 16 PULLED DUE TO A POTENTIAL CONFLICT BY COUNCIL MEMBER GAINES 17 Awarded Contract No 3006 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), authorized the City Manager to execute on the behalf of the City, authorized $25,000 00 for construction management and construction contingencies 18. PULLED DUE TO A POTENTIAL CONFLICT BY COUNCIL MEMBER MCDOWELL 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 20 PULLED DUE TO A POTENTIAL CONFLICT BY MAYOR PROTEM JACOBS 21 Approved 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 and authorized the City Manager to sign the waiver authorizing the Office of Criminal Justice Planning, to transfer funds allocated under the JAIBG 2002 to the Los Angeles County District Attorney's Office 22 PULLED FOR DISCUSSION BY COUNCIL MEMBER GAINES 23 PULLED FOR DISCUSSION BY COUNCIL MEMBER GAINES 24 PULLED FOR DISCUSSION BY CITY ATTORNEY HENSLEY MOVED by Council Member Wemick, SECONDED by Council Member Gaines to approve consent agenda items 3, 5, 6, 7, 8, 12, 13, 17, 19, and 21 MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 CALL ITEMS FROM CONSENT AGENDA MINUTES OF THE REGULAR CITY COUNCIL MEETING MAY 7, 2002 PAGE NO 5 1 � 4 Approve Regular City Council Meeting Minutes of April 16, 2002 and Special City Council Meeting Minutes of April 23, 2002 MOVED by Mayor ProTem Jacobs, SECONDED by Council Member McDowell to approve regular City Council Meeting Minutes and Special City Council Meeting Minutes of April 23, 2002. MOTION PASSED BY UNANIMOUS VOICE VOTE 4/0/1 COUNCIL MEMBER WERNICK NOT PARTICIPATING DUE TO ABSENCE FROM MEETING 9 Adopt plans and specifications for Recreation Park Electrical Upgrades — Project No PW 01 -05 — Approved Capital Improvement Program (Estimated cost - $429,000.00) and authorized staff to advertise the project for receipt of construction bids MOVED by Council Member Gaines, SECONDED by Council Member Jacobs to authorize staff to adopt plans and specifications for Recreation Park Electrical Upgrades — Project No PW 01 -05 and to advertise the project for receipt of construction bids. MOTION PASSED BY UNANIMOUS VOICE VOTE 510 10.Award Contract No 3003 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) and authorized the City Manager to execute on behalf of the City MOVED by Council Member Werwick, SECONDED by Council Member McDowell to authorize City Manager to execute Contract No 3003 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 on behalf of the City MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0 11. Awarded Contract No 3004 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) and authorized the City Manager to execute the contract on behalf of the City MOVED by Council Member Werwick, SECONDED by Council Member McDowell to authorize City Manager to execute Contract No 3004 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 on behalf of the City MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0 14 Approve Change Order No 1 in the amount of $8,652 49 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), authorized the City Clerk to file the City Engineer's Notice of Completion in the County Recorder's Office MOVED by Council Member Werwick, SECONDED by Council Member Gaines to approve Change Order No 1 in the amount of $8,652 49 and to accept work as complete for the installation MINUTES OF THE REGULAR CITY COUNCIL MEETING MAY 7, 2002 PAGE NO 6 19 of flashing red lights at the Main Street/Pine Avenue Intersection — Project No. PW 01 -09 and authorize the City Clerk to file the City Engineer's Notice of Completion in the County Recorder's Office MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0 15 Approve 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). MOVED by Council Member Werwick, SECONDED by Council Member Gaines to approve 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 as complete and authorize the City Clerk to file the City Engineer's Notice of Completion In the County Recorder's Office. MOTION PASSED BY UNANIMOUS VOICE VOTE. 4/0/1. MAYOR GORDON NOT PARTICIPATING DUE TO A POTENTIAL CONFICT 16 Awarded Contract No 3005 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) Authorized the City Manager to execute the contract on behalf of the City, authorized $78,000 00 for construction management and construction contingencies MOVED by Council Member McDowell, SECONDED by Council Member Wernick to award Contract No.3005 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), and authorize the City Manager to execute the contract on behalf of the City MOTION PASSED BY UNANIMOUS VOICE VOTE. 41011. COUNCIL MEMBER GAINES NOT PARTICIPATING DUE TO A POTENTIAL CONFICT 18 Authorize staff to issue a check for $472,648 00 to Southern California Edison (SCE) for work completed related to the Sepulveda Boulevard Widening Project MOVED by Council Member Wernick, SECONDED by Council Member Gaines to Issue check for $472,648 00 to Southern California Edison for work completed related to the Sepulveda Boulevard Widening Protect MOTION PASSED BY UNANIMOUS VOICE VOTE. 4/0/1. COUNCIL MEMBER MCDOWELL NOT PARTICIPATING DUE TO A POTENTIAL CONFICT 20. Approved of Amendment No 1 to a Professional Service Contract No. 2977 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 $10,00000 The total cost of the revised contract would not exceed $19,995 00. MOVED by Council Member McDowell, SECONDED by Council Member Gaines to Approve Amendment No 1 to a Professional Service Contract No 2977 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 MINUTES OF THE REGULAR CITY COUNCIL MEETING MAY 7, 2002 PAGE NO 7 20 amendment would not exceed $10,000 00 The total cost of the revised contract would not exceed $19,995 00. MOTION PASSED BY UNANIMOUS VOICE VOTE. 41011. MAYOR PROTEM JACOBS NOT PARTICIPATING DUE TO A POTENTIAL CONFICT 22, Approved Memorandum of Understanding between the 61st Security Forces Squadron, 615 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 and authorized the City Manager to enter into an agreement with the LAAFB Council directed Police Chief Wayt to return to Council in 60 to 90 days with a report on co- coordinating communications between the Base and the City MOVED by Council Member Gaines, SECONDED by Council Member Wernick to approve the Memorandum of Understanding Contract No 3007 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 and authorized the City Manager to enter into an agreement with the LAAFB MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 23 Approve Agreement No 3008 for the Municipal Area Express (MAX) commuter bus service and authorized the City Manager to execute on behalf of the City. MOVED by Council Member Gaines, SECONDED by Council Member McDowell Approved Agreement No. 3008 for the Municipal Area Express (MAX) commuter bus service and authorize the City Manager to execute Agreement on behalf of the City MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 24 Authorized the City Manager to execute Agreement No 3009, approved as to form by the City Attorney on the City's behalf with Pyro Spectaculars, Inc for professional fireworks show services on the 4th of July at Recreation Park. MOVED by Mayor ProTem Jacobs, SECONDED by Council Member Warwick to authorized the City Manager to execute Agreement No 3009, approved as to form by the City Attorney on the City's behalf with Pyro Spectaculars, Inc for professional fireworks show services on the 4th of July at Recreation Park on behalf of the City MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 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 $1,100,00000 for the construction of the City's 100 parking spaces plus annual lease payments in the range of $200,000 00 for 34 years MINUTES OF THE REGULAR CITY COUNCIL MEETING MAY 7, 2002 PAGE NO 8 21 James Hansen, Director of Community, Economic and Development Services gave a report. Mark Newman and Jerry Preston spoke regarding the property MOVED by Council Member McDowell, SECONDED by Council Member Gaines, to direct staff to complete a 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 for City Council consideration on June 4, 2002 MOTION PASSED BY UNANIMOUS VOICE VOTE. 4/0/1. MAYOR PROTEM JACOBS NOT PARTICIPATING DUE TO A POTENTIAL CONFICT 26 Consideration and possible action regarding potential amendments to the Circulation Element of the General Plan James Hansen, Director of Community, Economic and Development Services gave a report. Consensus of Council to direct staff to form assumptions on possible scope of work for Circulation Element update process F. REPORTS — CITY MANAGER — Reminder for the public to attend both the Police and Fire Department open house this Saturday, May 11, 2002. G. REPORTS — CITY ATTORNEY — Reported on the Settlement Agreement & General Release between the City of El Segundo and the Hornes The Settlement Agreement reports available in the City Clerk's Office 2 J. 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 Clerk Mortesen gave a report REPORTS — CITY TREASURER — NONE REPORTS — CITY COUNCIL MEMBERS Council Member McDowell — Spoke regarding the April 2002 election. Council Member Gaines — MINUTES OF THE REGULAR CITY COUNCIL MEETING MAY 7, 2002 PAGE NO 9 22 Reported on State budget briefings Council Member Wernick — Spoke on the TRW Aqua launching and the Hometown Fair Mayor Pro Tern Jacobs — Reported on SCAG trip to Sacramento and will be leaving June 21, 2002 for Beijing China Noted she would not be at the next meeting on May 21, 2002 Mayor Gordon — Congratulations on successful Red Cross blood drive and Hometown Fair. 28 Consideration and possible action regarding the assignment of Council Members to various intergovernmental agencies, other local agencies and ad hoc subcommittees MOVED by Mayor ProTem Jacobs, SECONDED by Council Member Gaines to approve and implement flexible assignments of Council Members to various intergovernmental agencies, other local agencies and ad hoc subcommittees MOTION PASSED BY THE FOLLOWING VOTE: AYES: MAYOR GORDON, MAYOR PROTEM JACOBS, COUNCIL MEMBERS GAINES AND MCDOWELL; NOES: COUNCIL MEMBER WERNICK. 411 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 On April 22, 2002, Anna Lee Passmore died Anna was the mother of Julian Jenkins, freelance photojournalist for the EZ Reader, the Herald and Beach Reporter, and an El Segundo resident Lastly, on April 16, 2002, Charlie Babbitt died Charlie was the father of El Segundo resident Tom Babbitt. On behalf of the City Council — our heartfelt condolences go to the family and friends of the deceased CLOSED SESSION - NONE ADJOURNMENT at 9:16 P.M. MINUTES OF THE REGULAR CITY COUNCIL MEETING MAY 7, 2002 PAGE NO 10 211 Patti Kight, Acting Deputy City Clerk MINUTES OF THE REGULAR CITY COUNCIL MEETING MAY 7, 2002 PAGE NO 11 24 EL SEGUNDO CITY COUNCIL MEETING DATE: May 21, 2002 AGENDA ITEM STATEMENT AGENDA HEADING- Consent AGENDA DESCRIPTION- Consideration and possible action regarding an addendum to U S Landscapes, Inc contract for maintenance of Freedom and Independence Parks RECOMMENDED COUNCIL ACTION: Authorize the City Manager to sign the addendum with U S Landscapes, Inc ,(2) Alternatively, discuss and take other action related to this item BACKGROUND & DISCUSSION: U S Landscapes, Inc has been providing landscaping service for the Recreation and Parks Department since October, 2000. Staff has been pleased with the service provided by this contractor and would like to add the two new parks to their existing contract The same maintenance standards incorporated Into the original contract will carry overto the new parks The additional cost of the service will be about $2200 per month With Council approval, we will begin the new service on June 1, 2002 coinciding with the end of the 90 day maintenance period established with the park contractor, Bellaire West, which ends on May 25, 2002 Staff budgeted additional maintenance funds this fiscal year anticipating the completion of these parks The City Attorney's office has reviewed the addendum ATTACHED SUPPORTING DOCUMENTS' Contract #2841 -Addendum #1 FISCAL IMPACT- $26,400 for FY 02/03 Operating Budget. $196,200 Amount Requested: Account Number- 001 -400- 5102 -6206 Project Phase• Appropriation Required: _Yes x No "7 � FIRST AMENDMENT TO AGREEMENT NO. 2831 BETWEEN THE CITY OF EL SEGUNDO AND U.S. LANDSCAPE, INC. THIS FIRST AMENDMENT ( "Amendment ") is made and entered into this 1st day of June, 2002, by and between the CITY OF EL SEGUNDO, a general law city and municipal corporation existing under the laws of Califomia ( "CITY "), and U S. LANDSCAPE, INC ( "CONTRACTOR ") Pursuant to Agreement No. 2831 ( "Agreement "), executed by the parties on or about October 3, 2000 ¶ is amended to read as follows- "SCOPE OF SERVICES. Consultant agrees to perform the services set forth in attached Proposal which is incorporated herein by reference. Consultant represents and warrants that it has the qualifications, experience and facilities to properly perform these services in a thorough, competent and professional manner and will at all times during the term of this Agreement possess valid licenses as required by law including, without limitation, a valid El Segundo Business License Consultant will begin its performance under this Agreement on June 1, 2002. Consultant will complete each of the tasks in Exhibit A to the City's satisfaction If the City is not satisfied with such services, the Contractor will work on the matter until the City approves of the service Further, Contractor will complete the services set forth in Exhibit A strictly according to the listed schedule The term of the Contract will be for the time listed in the attached schedule or as otherwise agreed by the parties. The City agrees to pay Consultant $2188.33 per month for these services " The attached Proposal which is incorporated by reference, adds to CONTRACTOR'S Scope of Services in the Agreement. This Amendment may be executed in any number or counterparts, each of which will be an original, but all of which together shall constitute one instrument executed on the same date 4 Except as modified by this Amendment, all other terms and conditions of Agreement No 2831 will remain the same (Signatures on following page] 26 CITY OF EL SEGUNDO, U S. LANDSCAPE, INC. a general law city. Mary Strenn, President City Manager ATTEST: Cindy -- City Cl APPR( Mark L By 27 Proposal U.S. LANDSCAPES, INC. 16011 Clearwater Circle Huntington Beach, CA 92648 Tel (714) 847 -0229 Fax (714) 847 -5141 License C27-764848 Proposal Submitted to Phone CITY OF EL SEGUNDO 310 322 -3769 Street 350 MAIN STREET City, State, and Zip Code EL SEGUNDO, CA 90248 Architect I Date APRIL 15, 2002 Job Name LANDSCAPE MAINTENANCE OF TWO NEW PARKS Job Location WASHINGTON PARK NORTH AND SOUTH EXTENSIONS Date of Plans Contact Name I I RICHARD WILLIAMS We hereby submit specification and estimates for PROVIDE LANDSCAPE MAINTENANCE PER CURRENT LANDSCAPE MAINTENANCE CONTRACT SPECIFICATIONS AND CONDITIONS AT TWO NEW PARKS PARKS ARE LOCATED AT NORTH AND SOUTH ENDS OF WASHINGTON PARK. NORTH END PARK $ 92 OD PER WEEK $ 4784 OD PER YEAR SOUTH END PARK S 413 00 PER WEEK $ 21A76 00 PER YEAR TOTAL FOR BOTH PARKS $506.00 PER WEEK $ 26,260 00 PER YEAR $ 2186 33 PER MONTH We propose hereby to furnish material and labor - Complete In accordance with above specificahom, for the sum of TWO THOUSAND ONE HUNDRED EIGHTY EIGHT 33 CENTS PER MONTH Dollars ($218833 ) All material is guaranteed to be as specified All work to be completed In a workmanlike manner according to standard praotrces Any alteration or deviation from above Specifications involving extra costs will be executed only upon written orders, and will become an extra Charge over and above the estimate All agreenronis Contingent upon strikes, accidents, or delays beyond our control Owner to carry fire, tornado and other necessary insurance Our workers are fully Covered by Workers' Componsatiun Insurance ACCEPTANCE OF PROPOSAL • The above pdces, specifications, and Conditions are satisfactory and are hereby accepted You are authorized to do the work as specified Payment will be made as outlined above Date of Acceptance Authorized Signature Fax* 310 414-0911 NOTEI This proposal may be withdrawn by us it not accepted within 30 days Signature Signature 28 EL SEGUNDO CITY COUNCIL MEETING DATE May 21, 2002 AGENDA ITEM STATEMENT AGENDA HEADING' Consent Calendar AGENDA DESCRIPTION Consideration and possible action regarding the authorization to issue a purchase order for the City's mandated "Harassment in Employment' training RECOMMENDED COUNCIL ACTION 1 Authorize the City Manager to approve a purchase order to Liebert, Cassidy & Whitmore in the amount of $12,500 for city -wide Harassment In Employment training on June 171h 19th 24th 261h and 28th 2. Alternatively discuss and take other action related to this item BACKGROUND & DISCUSSION Three proposals for this mandated training were received by the Administrative Services Department Liebert, Cassidy & Whitmore was the lowest cost qualified vendor The total cost of $12,500 for this training will be offset by a grant of $4,000 from Independent Cities Risk Management Association ( ICRMA) The training is to be completed by June 30, 2002 ATTACHED SUPPORTING DOCUMENTS ➢ Scope of Services "Exhibit A" and Cost of Services "Exhibit "B" FISCAL IMPACT Operating Budget. $30,000 Amount Requested $12,500 to offset by $4,000 ICRMA grant. Account Number 001 -400- 2506 -6223 Project Phase Appropriation Required. _Yes X No UKKAN Bret M Plumlee, Director of Administrative Services REVIEWED BY DATE: �2 Mary St n, City Manager Agenda -391 ., EXHIBIT "A" - SCOPE OF SERVICES Sally Strohbusch March 28, 2002 Page 3 We propose the following ♦ The workshops will be presented by an attorney with extensive experience in presenting workshops on harassment in the workplace ♦ We propose you meet w ith the presenter to identify any issues you would like specifically addressed at the workshops The cost of this meeting is included in the options proposed in section IV. ♦ The workshops will be customized to reflect the harassment policy, and the needs of the City of El Segundo. 30 6033 SUITE 601 Lo, A DELI C AIIFOMIA 90045 LIEBERT CASSIDY WHITMORE T (310) 981 2000 F (3101 3370837 A PROFESSIONAL LAW CORPORATION May 2, 2002 Ms Sally Strohbusch Human Resources Department City of El Segundo 350 Main Street El Segundo, CA 90245 Re Training Dear Sally FMIBIT "B" 2570 WEFT EL CAMINo REAL SUITE 600 MOUNTAIN VIEW CALIFORNIA 94040 T (650) 9419333 F (650) 9419476 11� The purpose of this letter is to confirm that Linda Jenson will present the workshops entitled `Preventing Workplace Harassment " on June 17th, 19th, 24th, 26th & 28th from 9 00 a in to 12 00 p in and 1 00 p in to 4 00 p.m to your entire staff The total cost of training will be $12,500 We would like to request the following audio - visual equipment • a microphone, preferably cordless • a small table near the front of the room with electricity nearby • a screen or blank wall Closer to the above dates, I will send you a set of original handout materials for your reproduction If you have any questions, please contact me at (310) 981 -2051 Thank you cc Accounting 40204 1 Smcerelv. LIEBERT CASSIIDY WHITMORE I 1 F By Anna Sanzone -Ortiz Training Coordinator www Imlegal com 31 EL SEGUNDO CITY COUNCIL MEETING DATE- May 21, 2002 AGENDA ITEM STATEMENT AGENDA HEADING: Consent AGENDA DESCRIPTION: Consideration and possible action to approve the purchase of Thermal Imaging Cameras for the Fire Department Fiscal Impact Not to Exceed $74,800 00 COUNCIL ACTION: 1) Approve the purchase of three thermal imaging cameras from Special -T Fire Equipment If purchased together, the Fire Department will receive an additional camera provided at no charge under a "three for two' promotion. 2) Alternatively, discuss and take other action related to this item BACKGROUND & DISCUSSION: Thermal Imagers have multiple uses at emergencies involving fire, hazardous materials, rescues, etc This has become a basic tool to improve efficiency, effectiveness and safety at an emergency. A request for proposal was done and an internal department committee evaluated the available models and has recommended the MSA camera based on Its ability to meet our needs. (Refer to Executive Summary.) ATTACHED SUPPORTING DOCUMENTS: Executive Summary FISCAL IMPACT: Capital Budget: $49,60000 Amount Requested: $74,80000 Account Number: 001 - 400. 3202 -8104 Project Phase. Appropriation Required X Yes _, No $25, 200 00 (reimbursed by Developer Fees) ORIGINATED BY- DATE. ,S= le 2-002_ oZ Mary nn, City Manager 32 C Executive Summary Date: May 3, 2002 To: Norman Angelo, Fire Chief From: David Sharp, Battalion Chief, Supply and Maintenance Subject: Purchase of Thermal Imaging Cameras Background and Discussion The Fire Department intended to equip all fire engines with a thermal imaging camera for use when assigned to enter smoke and/or hazardous environments during interior fire attack Thermal Imaging Cameras utilize new technology to provide the user a clear picture of conditions in a smoke obscured environment The visibility and enhanced awareness of interior structural conditions provided by Thermal Imaging Cameras will increase firefighter safety and effectiveness It will serve many other uses to reduce risk and loss from fires We will also have the ability to transmit the view of conditions back to the Incident Commander. The Department established a committee to evaluate available cameras and identify suitable models based on the needs of the El Segundo Fire Department Four vendors provided Thermal Imaging Cameras for field evaluations Field testing ranked suitable models that met our needs Using safety as criteria, the committee further recommended the department consider requesting money for additional cameras to be carried on the other fire engine and a fourth unit to be carried on the Battalion Chief's vehicle designated for use by the Rapid Intervention Crew. Funding for one camera was requested and approved through Capital Request during the 2000 -2001 budget and carried over into this current budget The department delayed purchase pending a FEMA grant application for safety 3'i equipment that would have provided another camera The department has successfully qualified for FEMA grant money for the purchase of a Thermal Imaging Camera The grant requires the department's purchase of a camera, not to exceed $25,000.00, with 90% of the purchase cost reimbursed by FEMA. With approved funding for two cameras, the Department requested firm prices through a competitive Request for Proposal. Vendors were contacted with a request for proposal on prices. Two manufacturers responded appropriately meeting the specifications outlined in the request All Starfire Equipment, representing the Scott Eagle Imager II, responded with a cost of $69,276.00 for three cameras Special T Fire Equipment, representing MSA Evolution 4000, responded with a cost of $49,827.48 for two cameras and will provide a third camera free of charge under a "3 for 2" promotion. Considering design, usability, and the more competitive price, the testing committee recommends the MSA Evolution 4000. There is currently $27,200 00 approved as a capital expenditure for the purchase of a Thermal Imaging Camera After application showing proof of purchase and cost, the City will receive a $22,422.36 grant reimbursement from FEMA. The funds needed for the 10% matching will be covered partially by the Capital Budget and partially from the CDC - Atrium fees that are designated to purchase the fourth Thermal Imager Subsequent to the Thermal Imager RFP process, the department has recently confirmed the amount of developer fees associated with the Atrium Project with Continental Development Corporation (CDC) It is CDC's desire that part of the developer fees be used to purchase a fourth Thermal Imaging Camera to benefit the community and to increase the department's capabilities If approved, the purchase of a camera with developer fees ($25,200 00 specifically for a Thermal Imager) will complete the recommendations set forth by our committee while keeping out of pocket cost to the amount of the original capital request Each fire engine would be equipped with a camera to enhance interior fire operations and 34 safety. In addition, a camera would be carried on the command vehicle designated for the Rapid Intervention Crew. We will need to purchase the cameras and then seek reimbursement from FEMA. Funds will need to be expended in advance of receiving FEMA funds and the developer fees Recommendation I am recommending the purchase of two (2) MSA cameras from Special T Fire Equipment This will allow the department to capitalize on the "3 for 2" promotion providing the department with a $23,015 00 camera at no cost With equipment standardization as my goal, I further recommend the purchase of a fourth MSA camera from Special T Fire Equipment utilizing Continental Development's developer fees for funding. 35 EL SEGUNDO CITY COUNCIL AGENDA ITEM STATEMENT AGENDA DESCRIPTION. MEETING DATE May 21, 2002 AGENDAHEADING ConsentAgenda Consideration and possible action regarding adoption of a resolution establishing "NO STOPPING — TOW AWAY ZONE" for the westside of Sepulveda Boulevard (State Highway Route 1) between Holly Avenue and Palm Avenue RECOMMENDED COUNCIL ACTION Recommendation — (1) Adopt resolution, (2) Authorize staff to forward a copy of the resolution to Caltrans for posting of the parking regulation signs, (3) Alternatively discuss and take other action related to this Item BACKGROUND & DISCUSSION On April 16, 2002, the City Council authorized staff to request Caltrans to eliminate existing street parking on the westside of Sepulveda Boulevard, between Holly Avenue and Palm Avenue In response, Caltrans has approved the City's request and has requested a City Council resolution to establish the no parking zone as provided in Section 22506 of the State Vehicle Code After receiving the enclosed adopted resolution, Caltrans will post and maintain the parking prohibition signs ATTACHED SUPPORTING DOCUMENTS 1 Caltrans letter dated April 30, 2002 2 Resolution for adoption 3 Vicinity map FISCAL IMPACT None Capital Improvement Program Amount Requested Account Number- Project Phase- Appropriation Required ORIGINATED BY Andres Santamaria, Director of Public Works DATE May 14, 2002 COUNCIL MAY2102(TuWaYM1402900AM) 36 7 STATE OF CALIFORNIA— BUSINESS TRANSPORTATION AND HOUSING AGENCY GRAY DAVIS. Governor DEPARTMENT OF TRANSPORTATION DISTRICT 7 120 SOUTH SPRING STREET LOS ANGELES, CA 90012 -3606 PHONE (213) 897 -0362 FAX ((213) 897 -0360 RECEIVER April 30, 2002 Bellur Devaraj City Engineer City of El Segundo 350 Main Street El Segundo, CA 90245 -3895 MAY b 200? PusLlc Yv Gri&b ENGINEERING Subject Existing Street Parking on Sepulveda Boulevard Dear Mr. Devaray Flex your power' Be energy effinentl 07 -LA -001 PM 25.241/25.551 D022 -139P Thank you for your letter dated April 24, 2002, requesting the approval from Caltrans to Implement the elimination of existing street parking on the westside of Sepulveda Boulevard between Holly Avenue and Palm Avenue. We concur with the city's proposal to impose parking restrictions on state highway at the subject location. Section 225 06 of the State of California Vehicle Code is used to establish the parking restrictions, if the ordinance or resolution is first submitted and approved in writing by the Department of Transportation. In order to impose the Vehicle Code, three certified copies of the city's counsel resolution is needed for Caltran's approval. The resolution should indicate that the regulation would become effective upon the posting of the parking regulation signs. Caltrans will post and maintain the signs per existing State of California/City of El Segundo Maintenance agreement. If you have any questions, please contact Payam Bozorgchami, Transportation Engineer, at (213) 897 -8374 Sincerely, y� ^ P.E. & T.E. Senior Trans rtation Engineer Office of Traffic Investigations 37 RESOLUTION NO. A RESOLUTION ESTABLISHING A "NO STOPPING ANYTIME — TOW AWAY ZONE" ON THE WESTSIDE OF SEPULVEDA BOULEVARD AS SPECIFIED. The City Council of the city of El Segundo does resolve as follows SECTION 1 Pursuant to Vehicle Code § 22506 and El Segundo Municipal Code ( "ESMC ") 8- 5 -3(D), the City Council designates the Westside of Sepulveda Boulevard (State Highway Route 1) between Holly Avenue and Palm Avenue as a "NO STOPPING ANYTIME — TOW AWAY ZONE " SECTION 2 The City Clerk is directed to forward a copy of this Resolution to the California Department of Transportation ( "CalTrans ") for approval in accordance with Vehicle Code § 22506 SECTION 3 This Resolution may be enforced pursuant to ESMC § 8- 5- 17(B), and any other applicable law, after the City receives written approval from CalTrans and after the area designated above is properly posted with signs SECTION 4 The City Clerk will certify to the passage and adoption of this Resolution and enter it into the book of original resolutions SECTION 5 This Resolution will become effective immediately upon adoption PASSED AND ADOPTED this day of 2002 ATTEST Cindy Mortesen, City Clerk APPROVED AS TO FORM Mark D Hensley, City Attorney C Karl H Berger, Assistant City Attorney Mike Gordon, Mayor CC \WINDOWS \Temporary Internet Fdes \0LKI'071 \No Stopping Reso doc] May 14, 2002 z CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I, Cindy Mortesen, City Clerk of the City of El Segundo, California, DO HEREBY CERTIFY that the whole number of members of the City Council of the said City is five, that the foregoing resolution, being RESOLUTION NO was duly passed and adopted by the said City Council, approved and signed by the Mayor of said City, and attested by the City Clerk of said City, all at a regular meeting of the said Council held on the day of 2002, and the same was so passed and adopted by the following vote AYES NOES ABSENT ABSTENTION NOT PARTICIPATING WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this day of ,2002 Cindy Mortesen, City Clerk Of the City of El Segundo, California (SEAL) -2- [C \WINDOWS \Temporary Internet Files \0LKE071 \No Stopping Reso doc] May 14, 2002 39 a O W lA1Nt10J 53139N♦ fOl AMN 3NtlON1MtN !O A110 CAIR II 00310 N►f Wu r - -� • J Or w s4 /fv Nou1w • 1 1 a r 1- m y y0 H• 10 r' 11MCY _ P_ < t , 1N OOYDOIY J > Zp r F [ /Y A31m lt1Mi14MN Z e i \ L 3011 NiiWJ i Otllxl ) I< YYN u T a 0 r (urAfld ♦* NM A0M s1E1M Games F i w s roA'fi •�1 m V is u1x a m to ffl m _ Q ^ `� 1031AM13s LY �a Z t N It wVmM. Moll =fl /1 1�1A• 010 n �y�� N 1f 4wllll 7M nl] 4 ������ • at Im1wIYtYw > C,,, ]YIY p C9x anol. y ntwl] ' luaama 1- r a of 000a° u Illrp = all. 1wf al1w L "'Aso u ]111911 i VA. 130011 if 1131433 W a10 Mltw11/ W is "VIA. 110 AwY001I U 4 r1M �� �® It 110101 <P Aif 1Y /a1f P 3{ YYa1 t YO/laY] T if 10301 r^� i _ _ T_ ^ N W f o A O -1 ELI _ It OY10Y1. N > „ a� ❑�S�� 12 OMMM'l1Y i1 N 4i O � r C., /•. •0 r w w \ _ a] /• /alma .9 9 � a u ' I ��� ®❑ of 11NIf Yln i if n. ❑`��' a unA 1w1 O 5 as as]Ya,1w � • /�. \ y �v hln� r >A W W a n p Of Q }i W C11+ +` 0 2 Q � O a w 2 N 40 EL SEGUNDO CITY COUNCIL AGENDA ITEM STATEMENT AGENDA DESCRIPTION MEETING DATE May 21, 2002 AGENDA HEADING Consent Agenda Consideration and possible action for acceptance of the road deed from OMP Douglas Property Company for Duley Road RECOMMENDED COUNCIL ACTION Recommendation — (1) Accept road deed; (2) Authorize the City Manager to accept the road deed, (3) Alternatively discuss and take other action related to this item BACKGROUND & DISCUSSION City Planning Commission Resolution No 2492 dated November 9, 2000, approved the 216,000 square foot office and light Industrial building (Douglas Tech Center Building) In the 400 block of Douglas Street Condition No 14 of this resolution required that a ten (10') foot wide street dedication (approximately 253 feet in length) be made for Duley Road abutting the development for construction of curb, gutter and sidewalk improvements These improvements have been constructed by the developer The developer has submitted the enclosed road deed documents for acceptance by the City ATTACHED SUPPORTING DOCUMENTS 1 Planning Commission Resolution No 2492 2 Road deed documents 3 Vicinity map FISCAL IMPACT None Capital Improvement Program Amount Requested Account Number Project Phase. Appropriation Required* ORIGINATED BY Andres Santamana, Director of Public Works Strenn, DATE* May 6, 2002 DATE �j COUNCIL MAY 21 01 (Monday 06/13/02 11 00 A M ) 41 RESOLUTION NO. 2492 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF EL SEGUNDO, CALIFORNIA, APPROVING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACTS FOR ENVIRONMENTAL ASSESSMENT EA NO. 530 AND ADMINISTRATIVE USE PERMIT NO. 00 -2 FOR A 216,000 SQUARE FOOT BUILDING ON THE 400 BLOCK OF NORTH DOUGLAS STREET. PETITIONED BY: OVERTON MOORE PROPERTIES WHEREAS, an application has been received from Overton Moore Properties, which requests approval to construct a 216,000 square foot office and light industrial budding at the southwest comer of Douglas Street and Manposa Avenue in the Urban Mixed -Use North (MU -N) Zone, and, WHEREAS, an Initial Study was prepared pursuant to the requirements of the California Environmental Quality Act ( "CEQA "), Cal Public Resources Code Section 21000 et sea The Initial Study demonstrated that the project would not cause any significant environmental impacts Accordingly, a Mitigated Negative Declaration ( "MND ") was prepared and circulated for public review and comment between October 19 and November 8, 2000, and, WHEREAS, the Planning Commission has reviewed the application and supporting evidence with the authority and criteria contained in the California Environmental Quality Act, State CEQA Guidelines and the City of El Segundo Guidelines for the implementation of the California Environmental Quality Act (Resolution 3805), and, WHEREAS, at the duly scheduled meeting of the Planning Commission of the City of El Segundo on November 9, 2000, a duly advertised public hearing was held on this matter in the Council Chamber of the City Hall, 350 Main Street; and, WHEREAS, opportunity was given to all persons present to speak for or against the findings of Environmental Assessment No EA -530 and Administrative Use Permit No 00 -2, and, WHEREAS, at said hearing the following facts were established. The proposed project is a 216,000 square foot office and manufacturing building. Approximately 115,000 to 171,800 square feet of the building (53 -80 %) would be used for office uses and approximately 43,200 to 100,000 square feet (20 -47 %) would be light industrial, depending on the ultimate tenant mix 1,000 square feet of the building at the north end of the building would be used for a deli/restaurant The property is an 11 5 -acre vacant parcel at the southwest comer of Douglas Street and Manposa Avenue The property was previously developed with industrial buildings used by Rockwell intemational Corporation, which were demolished in 1999 The General Plan land use designation for the site is Urban Mixed Use North and the zoning is Urban Mixed Use North (MU -N) The General Plan designation and zone allow offices and deli /restaurant uses as permitted uses Light industrial uses require approval of an Administrative Use Permit 4 The project involves the construction of a concrete tilt -up budding with a two -story office portion on the east side of the building and light industrial area on the west side of the building A total of 784 parking spaces would be provided for the proposed facility Three required loading spaces would be located adjacent to the budding NOW, THEREFORE, BE IT RESOLVED that after considering the above facts and study of proposed Environmental Assessment EA No 530 and Administrative Use Permit No 00 -2, the Planning Commission finds as follows ENVIRONMENTAL ASSESSMENT That the City of El Segundo has prepared an Initial Study, and, an accompanying Mitigated Negative Declaration was prepared demonstrating that the Project would not cause any significant environmental impacts That when considering the whole record, there is no evidence that the project will have the potential for an adverse effect on wildlife resources or the habitat on which the wildlife depends, because the project involves the in -fill development on a previously developed vacant lot in an ,4 urban setting. That the Planning Commission hereby authorizes the Director of Community, Economic and Development Services to file with the appropriate agencies a Certificate of Fee Exemption and De Mmimis finding pursuant to California Assembly Bill (AB) No 3158 and the California Code of Regulations Within 24 hours of this approval, the applicant shall submit to the City of El Segundo a fee of $25 00 required by the County of Los Angeles for the filing of this certificate along with the required Notice of Determination As approved for in AB No. 3158, the statutory requirements of CEQA will not be met and no vesting shall occur until this condition is met and the required notices and fees are filed with the County GENERAL PLAN AND ZONING CONSISTENCY The proposed project is consistent Hnth the General Plan in that the project is in conformance with the goals, objectives and policies of the General Plan Specifically, Economic Development Element Goal ED1, Objective ED1 -2, Land Use Element Goal LU4, Policy LU4-3 2, Objective LU4- 4, and Objective LU5 -1 2 relate to the proposed project in that they address the importance of maintaining economic development as one of the community s top priorities, as well as maintaining public sector support for the business communities, and encouraging high quality and mixed -use developments which maximize economic benefit, reduce traffic impact and encourage pedestrian environments The use of the building would continue and expand the mixed -use nature in the surrounding area by incorporating three types of uses into the proposed project within one - quarter mile of the Green Line Stations which is encouraged by Land Use Policy 4 -3 2 The project will add to the diversification of the economic base in the City as a catalyst for other mixed -use developments to choose El Segundo ADMINISTRATIVE USE PERMIT There is compatibility of the particular use on the particular site in relationship to other existing and potential uses within the general area in which the use is proposed to be located. The proposed project, depending on the likely tenant mix, would be similar with other office and light industrial development in the surrounding area The surrounding properties contain light industrial uses (i e., airplane manufacturing, flight kitchen, wind tunnel, and internet data center) and office uses (credit unions, corporate and general offices) The height, density and parking standards for the proposed project would be similar to other properties in the surrounding MU -N Zone 2 43 2 The proposed use is consistent and compatible with the purpose of the zone in which the site is located since the project would contain multiple uses (office, light industrial, and deli /restaurant) as required by the MU -N Zone By applying minimum percentages of non - office space and deldrestaurant space, the project will expand the mixed -use of individual properties envisioned in the Zoning Code The property would be marketed to high technology companies targeted by the City The proposed location, use and the conditions under which the use would be operated or maintained will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity The proposed project would be an in -fill project located on a vacant lot previously used for light industrial purposes An Initial Study of environmental impacts was prepared for the project, which included a traffic study and an air quality assessment The Initial Study concluded that there would be no environmental impacts associated with the project that could not be mitigated to a level of insignificance Therefore, the location of the use and conditions under which it would operate would not be detrimental or materially injurious to properties or improvements in the vicinity. 4 An Initial Study of environmental impacts was prepared for the proposed project The Initial Study did not find any potential noise, smoke, dust, or other noxious emissions that would be associated with the proposed project All other identified potential environmental impacts have been mitigated Therefore, the proposed project would not create any unmitigated impacts NOW, THEREFORE, BE IT RESOLVED that the Planning Commission hereby adopts a Mitigated Negative Declaration of Environmental Impacts and approves Environmental Assessment No EA -530 and Administrative Use Permit No 00 -2, subject to the following condibons: Prior to issuance of a budding permit, the applicant shall submit plans, which indicate that the project is in substantial conformance with plans and conditions approved and on file with the Department of Community, Economic and Development Services Any subsequent modification to the project as approved shall be referred to the Director of Community, Economic and Development Services for a determination regarding the need for Planning Commission review of the proposed modification Prior to issuance of a Certificate of Occupancy, the applicant shall pay a one -time Library Services Mitigation Fee of $0.03 per gross square foot of budding floor area of the proposed budding Prior to issuance of a Certificate of Occupancy, the applicant shall pay a one -time Fire Services Mitigation Fee of $0 14 per gross square foot of budding floor area of the proposed building 4 Prior to issuance of a Certificate of Occupancy, the applicant shall pay a one -time Police Services Mitigation Fee of $0 11 per gross square foot of budding floor area of the proposed budding 5. The proposed building shall contain a minimum of 1,000 square feet of deldrestaurant area and a minimum of 20% of light industrial or non - office uses consistent with the purposes and permitted uses in the MU -N Zone Pnor to issuance of a budding permit, the applicant shall submit a methane gas study for review and approval by the Director of Community, Economic and Development Services Recommendations from the study shall be incorporated into the building design and installed prior to the issuance of a Certificate of Occupancy W 7 Prior to issuance of a grading or building permit, the applicant shall submit a geotechmcal report for review and approval by the Director of Community, Economic and Development Services The report shall be prepared by a registered individual, licensed by the state, to prepare such reports Recommendations from the study shall be incorporated into the building design and installed prior to the issuance of a Certificate of Occupancy 8 Prior to approval of the budding plans, the applicant shall submit plans which demonstrate conformance with the elements outlined in the memo from the Police Department, dated October 17, 2000, which is on file in the Planning Division The secunty measures shall be installed pnor to issuance of a Certificate of Occupancy or implemented pnor to operation, as appropriate. 9 Prior to issuance of a building permit, the applicant shall submit a Fire /Life Safety Plan to the Fire Chief which includes, but is not limited to, the following A A fire access roadway, B Provision of on -site fire hydrants so that no portion of the exterior of the budding is greater than 150 feet from a fire hydrant, C An automatic fire sprinkler system, D Occupancy classification of the budding; E Provision of a life safety alarm per NFPA 101 requirements (as necessary), F Underground fire service mains, G Methane gas mitigation measures; H Depiction of any aboveground or underground storage tanks, I Provision of at least one exit stairwell that extends through the roof, and, J No storage of hazardous materials or flammable liquids shall be allowed without Fire Department approval All Fire /Life Safety Plan requirements must be installed and operational, and any required easements or documents recorded, pnor to issuance of a Certificate of Occupancy 10 The applicant shall pay the City Attorney's fees and costs for prepanng or reviewing any fire lane access easements, or any such easements or agreements required 11 A Landscaping and Irrigation Plan shall be submitted by the applicant to the Director of Community, Economic and Development Services, Director of Recreation and Parks, and Police Chief pnor to approval of the budding plans Any new landscaped areas shall be provided with a permanent automatic watenng or irrigation system and shall be permanently maintained in a neat and clean manner The applicant shall incorporate provisions for the use of reclaimed water in the Landscaping and Irrigation Plan The Plan shall be reviewed and approved by the Director of Community, Economic and Development Services, Director of Recreation and Parks, and Police Chief, and installed per the approved plans by the applicant prior to the issuance of a Cerbficate of Occupancy 12 Prior to the issuance of a Certificate of Occupancy, the applicant shall submit a Master Sign Plan to ensure compatibility with the surrounding area, as well as to ensure that signs do not impede traffic or pedestrian safety The Master Sign Plan shall be subject to the approval of the Director of Community, Economic and Development Services and Police Chief and all signs shall be installed per the approved plan pnor to issuance of a Certificate of Occupancy 13 Prior to the issuance of a Budding Permit, the applicant shall submit plans for review and approval by the Director of Community, Economic and Development Services that show electnc vehicle charging stations for at least one percent of the total number of required parking spaces Prior to the issuance of a Certificate of Occupancy, the charging stations shall be installed, per the 4 45 approved plans 14 Prior to the issuance of a Certificate of Occupancy, the applicant shall provide a 10 -foot wide dedication of land on Duley Road to the City for street widening purposes in order to improve access to the protect site The project construction plans shall be revised to indicate that the required amount of setback landscaping (15 feet) shall be provided abutting the Duley Road property line after the dedication 15. Prior to the issuance of a building permit, the applicant shall submit plans for the construction of curb, gutter and sidewalks along the Duley Road for review and approval by the Director of Public works The location of the improvements shall be consistent with the roadway dedication in condition No 14 (i.e, the face of the new curb shall be 20 feet east of the Duley Road street centerline) Construction shall match the curb, gutter, and sidewalk on the west side of the Duley Road. Duley Road pavement between the new curb and existing street shall be minimum eight - inch A C over a twelve -inch aggregate base The improvements shall be installed prior to the issuance of a Certificate of Occupancy 16. Prior to the issuance of a Certificate of Occupancy, the applicant shall repair and slurry seal Duley Road between Grand Avenue and Manposa Avenue to the satisfaction of the Director of Public Works 17 The applicant shall install "Left -tum only' signs at the driveways on Douglas Street prior to the issuance of a Certificate of Occupancy The signs may be removed if Douglas Street is converted to two -way operation 18 The construction plans submitted for building permit issuance shall show the location of all existing and proposed easements such as sewer, storm drain, water and utility easements. Structures such as buildings, blockwalls, retaining walls, etc, shall not be constructed within these easements unless prior approval is obtained from the appropriate agency or easement holder 19 During construction, the entire project site shall be enclosed by a six -foot high chain link fence installed at the property line Gates for site fencing shall be located at driveways and shall not open over sidewalk/public right -of -way A fencing plan shall be submitted by the applicant and reviewed and approved by the Director of Community, Economic and Development Services prior to installation 20. All work within the City public nght -of -way shall be in accordance with the latest edition of the Standard Specifications for Public Works Construction and the "WATCH" traffic control manual No work shall be performed in the public right -of -way without first obtaining a Public Works permit 21 Prior to approval of the budding plans, plans shall indicate that all proposed on -site utilities shall be placed underground to the satisfaction of the City Engineer The applicant shall assume the costs for the relocation of all utilities, including but not limited to, light poles, electrical vaults, and fire hydrants, which are affected by the proposed project 22 Encroachment permits must be obtained from the Engineering Division of the Public Works Department for demolition haul -off Permits must be obtained at the same time the permit for demolition is issued An encroachment permit for grading is also required when import or export of dirt exceeds 50 cubic yards Demolition and grading may be listed on one encroachment permit 46 23 Prior to approval of the building plans, plans shall show the location and design of all proposed trash enclosures to the satisfaction of the Director *of Community, Economic and Development Seances and the Police Chief Plans shall also indicate that the trash area will incorporate adequate space for the collection of recyclable materials 24 If new sewer laterals are required and constructed in the public nght -of -way, they shall be a minimum of six inches inside diameter. Material shall be "vitreous clay pipe" Each lateral shall have a six -inch clean -out brought to grade at the property line and securely capped A B -9 size box shall be placed around the clean -out for protection The box shall have a cover emblazoned with the word "sewer' If in a traffic area, cover shall be traffic approved All planned sewer connections shall be checked for elevation prior to starting construction Existing sewer laterals shall be plugged at the sewer mainline and capped at the property line Existing six -inch wyes may be reused if approved by the Director of Public Works 25 No material storage is allowed in the public right -of -way except by an encroachment permit issued by the Engineering Division of the Public Works Department If material storage is allowed in the public right -of -way it shall be confined to parkway areas and street parking areas, as long as safe and adequate pedestrian and vehicular passage is maintained at all times. 26 Prior to Certificate of Occupancy, new curbs, sidewalks, driveway approaches, wheelchair ramps and A C. pavement, including alleys, shall be constructed /reconstructed as required by the Director of Public Works Existing driveways and other concrete work not to be incorporated into the construction shall be removed and replaced with standard curb and sidewalk Actual limits of streets and alley construction /reconstruction will be determined during the plan check review of the protect 27. Should any previously unrecorded archeological or cultural resources be encountered during construction of the protect, all work will be stopped and the Department of Community, Economic and Development Services will be notified immediately At the applicant's expense a qualified archeologist will be consulted to determine the potential significance of the find, and his findings shall be submitted to the Director of Community, Economic and Development Services prior to the commencement of work 28 The applicant shall submit the appropriate documentation to show conformance with or exemption from the State Water Quality Control Board's National Pollution Discharge Elimination System (NPDES) Permit for construction related storrnwater run -off to the Director of Public Works prior to the approval of the budding plans 29 During construction dust control measures shall be required in accordance with the City's Dust Control Ordinance Grading will be discontinued during first -stage smog alerts and suspended during periods of high wind (i a over 15 miles per hour) All hauling trucks shall have loads covered or wetted and loaded below the sideboards to minimize dust 30 The applicant shall indemnify, defend, protect, and hold harmless the City, its elected and appointed officials, officers, agents and employees from and against any and all claims, actions, causes of action, proceedings or suits which challenge or attack the validity of the City's approval of Environmental Assessment EA No 530 and Administrative Use Permit No. 00 -2 BE IT FURTHER RESOLVED that according to the El Segundo Municipal Code, a copy of this Resolution shall be mailed to the applicant at the address shown on the application and to any other person requesting a copy of same The decision of the Planning Commission asset forth in this Resolution shall become final and effective ten calendar days after the date of the Planning Commission action, unless an appeal in writing is filed with the City Council 6 47 PASSED, APPROVED AND ADOPTED this 9th day of NOVEMBER, 2000. ,16meo M Hansen, Director of Co undy, Economic and Development Services, and, Secretary of the Planning Commission of the City of El Segundo, California VOTES - B Crowley - Aye M Kretzmer - Aye C Frick - Aye P Mahler -Aye G Rickard - Aye Brian Crowley, Chairman i of the Planning Commissio of the City of El Segundo, California P•1Planning & Budding Safety \PROJECTS \526 - 550 \Ea - 530 \EA- 530.reso doc 7 48 Recording Requested By: City of El Segundo When Recorded Mail To: City of El Segundo Office of City Clerk 350 Main St El Segundo, CA 90245 Space above this line for Recorders use ROAD DEED For a VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, OMP DOUGLAS PROPERTY CO, LLC, a Delaware Limited Liability Company does hereby grant to the City of El Segundo, an easement for public road and highway purposes in the real property in the City of El Segundo, County of Los Angeles, State of California, as described as A 10 00 FOOT STRIP OF LAND BEING THE SURFACE AND SUBSURFACE TO A DEPTH OF 200 FEET, MEASURED VERTICALLY DOWNWARD FROM THE SURFACE AS SAID SURFACE EXISTED ON SEPTEMBER 3, 1954 AND JULY 14, 1958 OF THAT PORTION OF PARCEL 1, PARCEL MAP NO 13730, IN THE CITY OF EL SEGUNDO, IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN PARCEL MAP BOOK 133, PAGES 60 AND 61, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, THE WESTERLY LINE OF SAID STRIP BEING DESCRIBED AS FOLLOWS BEGINNING AT THE SOUTHEASTERN CORNER OF PARCEL 2, OF SAID PARCEL MAP NO 13730, THENCE ALONG THE EASTERLY LINE OF SAID PARCELS 1 AND 2 NORTH 0` 00' 25" WEST 1009 00 FEET, THENCE NORTH 89'55' 25" WEST 190 00 FEET, PARALLEL WITH THE SOUTH LINE OF SAID PARCEL 2, THENCE NORTH 0` 00' 25" WEST 68 50 FEET, PARALLEL WITH THE SAID EASTERLY LINE OF PARCELS 1 AND 2, THENCE NORTH 89` 55' 25" WEST 376 47 FEET, PARALLEL WITH THE SAID SOUTHERLY LINE OF PARCEL 2, TO THE WESTERLY LINE OF SAID PARCEL I OF PARCEL MAP NO 13730, SAID WESTERLY LINE ALSO BEING THE EASTERLY LINE OF DULEY ROAD, 40 00 FEET IN WIDTH, SAID POINT OF INTERSECTION ALSO BEING THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION, THENCE NORTH 252 74 FEET, ALONG SAID WESTERLY LINE OF PARCEL 1 TO THE MOST SOUTHERLY LINE OF THAT CERTAIN DEED RECORDED OCTOBER 19, 1998 AS INSTRUMENT NO 98- 1908838 OF OFFICIAL RECORDS IN THE OFFICE OF SAID COUNTY RECORDER To be known as DULEY ROAD 1/2 49 It is understood that the undersigned grantor grants only the portion of the above described land in which they have an Interest, Dated 2002 OMP DOUGLAS PROPERTY CO., LLC,a Delaware limited liability company By: OMP DOUGLAS HOLDING COMPANY, LLC, a Delaware limited liability company By OVERTON, MOORE PROPERTIES, a Delaware general partnership By MOORE TECIMUR LLC, a California limited liability company By OVERTON, MOORE & ASSOCIATES, INC a Name Stanley —A Moore Title President By Name Timur Tecimer By PCCP LB OMA, LLC a Delaware limited liability company By PCCP EQUITIES II, LLC a Delaware limited liability company, its co- managing member By Name William R Lindsay Title WILLIAM R LINDSAY VICE PRESIDENT By PCCP LB DOUGLAS, LLC, a Delaware limited liability company By PCCP Equities II, LLC, a Delaware limited liability company, its co- managing member By Name William R Lindsay Title WILLIAM R. LINDSAY VICE PRESIDENT 2/2 50 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California / / ss County of ( os � �Gt ' f 5 / 9 On f P�nRUeQL/ ot7 otooa before me, &J4A& eJrc oiaPc+{ ti r c D to Name and The of Officer (e g Jane Doe Notary Public) personally appeared (ill ll I 0_6 - t- m(e Sc�!- Nomea) of Signals) rsonally known to me proved to me on the basis of satisfactory evidence SANDRA MARDESIC to be the person(&) whose name(s} is /eft l Commission 01225581 subscribed to the within Instrument and ,-: Notary Public - California acknowledged to me that he /shekhey executed Los Angeles County the same in his /kerMwir authorized My Comm Expves Jun 21, 2003 capacity(iee), and that by his /hefAlmn signature(&) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument WITNESS my hand and official seal Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document Document Date Number of Pages Signer(s) Other Than Named Above Capacity(ies) Claimed by Signer Signer's Name ❑ Individual Top of thumb here ❑ Corporate Officer — Title(s) ❑ Partner —❑ Llmlted ❑ General ❑ Attorney In Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other Signer Is Representing © 1997 National Notary Arn imn • 9350 De Soto Ave PC Box 2402 - Chatsworth CA 91313 2602 Proc No 5907 Reorder Call Tall -Free i- 800-8756821 51 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California ss County of Z 0 ES On G6. 11 g, -ZQ92 , before me, Y /C4 �C/if 1 /LSoni Date Name antl Title of officer to 9 Jane OM Notary potel personally appeared __14 VIC'n7Rb►6VUXON (3411 sioni1 _ --- Nnlary PAft - calif irm Las AepiiIr County MyCarrtL BpnsaSspi0,2006 Place Notary seal Above ❑ personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Is /are subscribed to the within Instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument WITN S my hand and official seal SgnaWre Notary PublK OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document Document Date Number of Pages Signer(s) Cther Than Named Above Capacity(ies) Claimed by Signer Signer's Name ❑ Individual TOP of thumb here ❑ Corporate Officer — Titles) ❑ Partner — O Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other Signer is Representing m 1989 Na0onel Notary Afwpelgn •9350 De Soto Ave PO Box 2102 • Ctlameam CA 91313 2402 • e mW&, nleryar9 Prot) No 580] eevaer Cell TO Free 1�0 52 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California ss County of , OS .,4A/GE« S i On lEd. �Zte .Z�z , before me, lC77el,* /4 /�S6AI � Nama and Tdle of Off¢e1(e g 'Jane D. Notary Ewe) personally appeared o 4 z A//nefq L , Neme(s) of Signar(s) VICTORIA WILSON 70 Cofnmiuwn i 1721336 Notary Pubic • California Loa AnpaNa County myconrri r. l SW2t1,2o66 ❑ personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in hislherltheir authorized capaclty(tes), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument WITNE my hand and official seal �blicPWCe Notary Seel Above SigneWm of Notary Public OPTIONAL Though the Information below Is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document Document Date Signer(s) Other Than Named Above Capacity(ies) Claimed by Signer Signer's Name ❑ Individual u Corporate Officer — Title(s) _ Partner —❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator C Other Signer Is Representing Number of Pages RIGHT THUMBPRINT. 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O n D F Z♦ Q ly, G�ly Y. lr _ f� Vt i tJ W Y• } a � a r� i I 2 Y. 54 EL SEGUNDO CITY COUNCIL MEETING DATE May 21, 2002 AGENDA ITEM STATEMENT AGENDA HEADING Consent AGENDA DESCRIPTION Consideration and possible action concerning authorization for the City of El Segundo to continue participating in the Los Angeles Urban County Community Development Block Grant (CDBG) Program, Home Investment Partnerships Program, and Assisted Housing Programs forthe next three year cycle for the federal Fiscal Years 2003 -2005 (July 1, 2003 through June 30, 2006) RECOMMENDED COUNCIL ACTION (1) Adopt Resolution authorizing continued participation in the Los Angeles Urban County Community Development Block Grant (CDBG) Program, and, for the next three years effective July 1, 2003 through June 30, 2006, (2) Authorize the Mayor to execute the attached Cooperation Agreement between the City of El Segundo and the County of Los Angeles, (3) Alternatively discuss and take other action related to this item BACKGROUND & DISCUSSION The City of El Segundo has actively participated in the Los Angeles Urban County Community Development Block Grant Program (CDBG) since 1976 The Los Angeles County Community Development Commission (CDC) administers the Los Angeles County CDBG Program The County CDBG Program operates on a three -year funding cycle The current three -year funding cycle will expire on June 30, 2003 In order to continue participation in the Urban County CDBG Program, the City of El Segundo must execute a new Cooperation Agreement for the next three -year funding cycle, effective July 1, 2003 through June 30, 2006 continued on next page ATTACHED SUPPORTING DOCUMENTS (1) Draft City Council Resolution, (2) County of Los Angeles Community Development Block Grant, Home Investment Partnerships Programs and Assisted Housing Programs Participating City 2003 -2005 Cooperation Agreement FISCAL IMPACT $ Operating Budget. N/A Amount Requested, N/A Account Number N/A Protect Phase. N/A Appropriation Required —Yes x No ORIGI TED BY DATE Mary nsen, Director of Community Economic and Development Services //Z 55 9 BACKGROUND & DISCUSSION (continued) Annually, the City receives approximately $115,000 in CDBG funds These funds support a variety of public service activities, and minor home repair and residential sound insulation projects The City's ongoing participation in the Los Angeles Urban County CDBG Program ensures that these vital community service projects continue uninterrupted. The proposed Cooperation Agreement is similar to the existing Agreement under which the City is currently operating The Agreement uses standard language approved by the County, County Counsel, and the Federal Housing and Urban Development Department (HUD) Once the Agreement is approved by the City Council and signed by the Mayor, it will be forwarded to the County Board of Supervisors for approval before submission to HUD The Home Investment Partnerships Program and the Assisted Housing Programs are voluntary programs that the County makes available to residents through the participating cities The CDBG Coordinator offers interested residents information and referral services regarding these programs P \Planning & Building Safety\CDBG \wd CDBG agenda 3yrcoopagr doc 56 RESOLUTION NO. A RESOLUTION AUTHORIZING PARTICIPATION IN THE LOS ANGELES COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM, HOME INVESTMENT PARTNERSHIP PROGRAM, AND ASSISTED HOUSING PROGRAMS. The City Council of the city of El Segundo does resolve as follows SECTION 1 The City Council finds and declares as follows A The Agreement between the City of El Segundo and the County of Los Angeles for participation in the Community Development Block Grant Program (CDBG), Home Investment Partnership Program, and the Assisted Housing Programs will expire on June 30 2003, B The County of Los Angeles requested that the City of El Segundo execute a new Agreement for the three -year period beginning July 1, 2003 through June 30, 2006 for participation in the Los Angeles Urban Community Development Block Grant (CDBG) Program, C The Agreement also includes voluntary participation in the HOME Investment Partnership Program ( "Home ") and Assisted Housing Programs, D It is in the public interest to enter into an Agreement with Los Angeles County as described in this Resolution SECTION 2 The City Manager is authorized to execute any required documents to enter into an Agreement with Los Angeles County as described in this Resolution SECTION 3 This Resolution will become effective immediately upon adoption PASSED AND ADOPTED this _ day of 2002 Mike Gordon, Mayor -I- [P \Planning & Building Safety \CDBG \wd CDBG 3yrcoopagr reso doc] May 14, 2002 57 ATTEST Cindy Mortesen, City Clerk APPROVED AS TO FORM Mark D Hensley, City Attorney Lo Karl H Berger, Assistant City Attorney CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO I, Cindy Mortesen, City Clerk of the City of El Segundo, California, DO HEREBY CERTIFY that the whole number of members of the City Council of the said City is five, that the foregoing resolution, being RESOLUTION NO was duly passed and adopted by the said City Council, approved and signed by the Mayor of said City, and attested by the City Clerk of said City, all at a regular meeting of the said Council held on the day of 2001, and the same was so passed and adopted by the following vote AYES NOES ABSENT ABSTENTION NOT PARTICIPATING WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this day of ,2002 Cindy Mortesen, City Clerk Of the City of El Segundo, California (SEAL) -2- [P \Planning & Budding Safety \CDBG \wd CDBG 3yrcoopagr reso docl May 14, 2002 58 COUNTY OF LOS ANGELES COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM, HOME INVESTMENT PARTNERSHIPS PROGRAMS AND ASSISTED HOUSING PROGRAMS PARTICIPATING CITY 2003 -2005 COOPERATION AGREEMENT THIS Agreement is made and entered into this I st day of Jam, 2003, by and between the City of EI Segundo, hereinafter referred to as "City," and the County of Los Angeles, hereinafter referred to as "County " WITNESSETH THAT WHEREAS, County and City desire to cooperate to undertake, or assist in undertaking, community development, community renewal of lower income housing assistance activities, specifically urban renewal and publicly assisted housing, including, but not limited to, the improvement or development of housing for persons of low- to moderate - income, and other community or urban renewal activities authorized by the Housing and Community Development Act of 1974, the Cranston - Gonzalez National Affordable Housing Act (NAHA) and the U S Housing Act of 1937, as amended, hereinafter collectively referred to as the "Act ", and WHEREAS, the terms and provisions of this Agreement are fully authonzed under State and local law, and this Agreement provides full legal authority for the County and its agents, including the Housing Authority of the County of Los Angeles and the Community Development Commission of the County of Los Angeles, hereinafter collectively referred to as the "County," to undertake, or assist in undertaking, essential community development and housing assistance activities, specifically urban renewal and publicly assisted housing NOW, THEREFORE, the parties agree as follows The City and the County agree to cooperate to undertake, or assist in undertaking, community development, community renewal and lower income housing assistance activities, specifically urban renewal and publicly assisted housing, including, but not limited to, the improvement or development of housing for persons of low- to moderate - income, and other community or urban renewal activities authorized by the Act The City hereby authorizes the County to perform, or cause to be performed, those acts necessary or appropriate to implement the community development and housing assistance activities, specifically urban renewal and publicly assisted housing, including but not limited to improvement or development of housing for persons of low- to moderate - income, and other community or urban renewal activities authorized under the Act specified for the City in the County's annual Housing and Community Development Plan which will be funded from annual Community Development Block Grant (CDBG) and applicable HOME Investment Partnerships Programs ( "HOME ") funds from Federal Fiscal Years 2003 -2005 appropriations and from any program income generated from the expenditure of such funds County shall have final responsibility for selecting projects and annually filing its Final Housing and Community Development Plan The City and the County in the performance of this Agreement shall take all actions necessary or appropriate to assure compliance with the County's certification required by Section 104 (b) of Title I of the Act, the provisions of the National Environmental Policy Act of 1969, Title VI of the Civil Rights Act of 1964, Title VIII of the Civil Rights Act of 1968, Section 109 of Title I of the Act, Section 3 of the Housing and Urban Development Act of 1968, the Fair Housing Act, the Act and all other applicable laws and regulations Jg 4 The City may not apply for grants from appropriations under the Small Cities or State CDBG Programs for fiscal years during the period in which it participates in the Los Angeles Urban County Program 5 The City may participate in a HOME Program only through the Los Angeles Urban County Thus, even if the Los Angeles Urban County does not receive a HOME formula allocation, the City cannot form a HOME consortium with other local governments 6 The City and County agree that CDBG and HOME funding is prohibited for any activities in or in support of any cooperating City that does not affirmatively further fair housing within its ownjurtsdicuon or that impedes the County's action to comply with its fair housing certification 7 Pursuant to 24 CFR 570 501 (b), the City is subject to all requirements applicable to subrecipients, including the requirement of a written Agreement set forth in 24 CFR 570 503 S The City shall inform the County of any income generated by the expenditure of CDBG funds received by the City Any such program income maybe retained by the City subject to the requirements of this Agreement Such program income may only be used for eligible activities in accordance with all CDBG requirements as may then apply 9 The County shall be responsible for monitoring and reporting to the US Department of Housing and Urban Development (HUD) on the use of any program income, therefore, the City shall be required to maintain appropriate recordkeepmg and reporting for this purpose 10 In the event of close -out or changes in status of the City, any program income that is on hand or received subsequent to the close -out or change in status shall be reimbursed to the County I I All program income generated from the disposition or transfer of real property acquired or improved by the City, using CDBG and/or HOME funds or program income, during the term of this Agreement, shall be treated as described in Sections 6 through 10 of this Agreement 12 Any real property which is acquired or improved by the City during the term of this Agreement, in whole or in part, using CDBG and/or HOME funds or program income, shall be subject to the following standards (i) The County shall be notified by the City in writing of any modification or change in the use or disposition of such real property from that planned at the time of acquisition or improvement Such notification shall be made prior to the modification or change in use or disposition (ii) If such real property is ever sold or transferred for a use which does not qualify as an eligible use under CDBG and/or HOME regulations, the City shall reimburse to the County an amount equal to the current fair market value of the property less any portion thereof attributable to expenditures of non -CDBG and/or HOME funds 13 The City shall make available for inspection and audit to County's representatives, upon request, at any time during the duration of this Agreement and during a period of three (3) years, thereafter, all of its books and records relating to CDBG and HOME program incomes Mot 14 This Agreement shall be effective for the period of time required for the expenditure of all applicable CDBG and/or HOME funds allocated to the City from federal Fiscal Years 2003 -2005 appropriations and from any program income therefrom and for the completion of the funded activities In no event shall this Agreement be terminated before June 30, 2006 except as a result of action by HUD The City or the County may not terminate or withdraw from this Agreement while it remains in effect 15 The City has adopted and is enforcing (i) A policy prohibiting the use of excessive force by law enforcement agencies within itsjunsdiction against any individuals engaged in non - violent civil rights demonstrations, and (u) A policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non- violent civil rights demonstrations within its jurisdiction 16 The City shall or shall continue to provide a drug -free workplace by (i) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the City's workplace and specifying the actions that will be taken against employees for violation of such prohibition, (u) Establishing an ongoing drug -free awareness program to inform employees about (a) The dangers of drug abuse in the workplace, (b) The City's policy of maintaining a drug -free workplace, (c) Any available drug counseling, rehabilitation, and employee assistance programs, and (d) The penalties that maybe imposed upon employees for drug abuse violations occurring in the workplace (m) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by subparagraph (i) of this Section 16 (iv) Notifying the employee in the statement required by subparagraph (i) of this Section 16 that, as a condition of employment under the grant, the employee will (a) Abide by the terms of the statement, and (b) Notify the City in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction, (v) Notifying the County in writing, within ten calendar days after receiving noticeunder subparagraph (iv)(b) of this Section 16 from an employee or otherwise receiving actual notice of such conviction, and the City must provide written notice, including position or title, of any City employees convicted of any criminal drug statute to every County grant officer or other designee on whose grant activity the convicted employee was working, unless the Federal agency has designated a identification number(s) of each affected grant 61 (vt) Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (iv)(b) of this Section 16, with respect to any employee who is so convicted, (i) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended, or (u) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purpose by a federal, State, or local health, law enforcement, or other appropriate agency (vu) Making a good faith effort to continue to maintain a drug -free workplace through implementation of subparagraphs (i), (u), (in), (iv), (v), and (vi) ofthis Section 16 62 IN WITNESS WHEREOF, the Board of Supervisors of the County of Los Angeles has caused this Contract to be subscribed by the Executive Director of the Community Development Commission, and the Operating Agency has subscribed the same through its duly authorized officers, the day, month and year first above written CITY OF EL SEGUNDO COUNTY OF LOS ANGELES By_ ATTEST By_ M MAYOR or DESIGNEE CARLOS JACKSON, Executive Director Community Development Commission of the County of Los Angeles City Clerk APPROVED AS TO FORM APPROVED AS TO FORM M City Attorney LW /COOP- 2007 -03 LLOYD W PELLMAN County Counsel Deputy 61 EL SEGUNDO CITY COUNCIL AGENDA ITEM STATEMENT MEETING DATE. May 21, 2002 AGENDA HEADING Consent Agenda Consideration and possible action regarding a resolution supporting space enterprise in the City of El Segundo. RECOMMENDED COUNCIL ACTION. 1 Adopt the attached resolution establishing a City of El Segundo space policy 2 Alternatively discuss and take other action related to this Item BACKGROUND & DISCUSSION The California Space Authority (CSA) is a non - profit public benefit corporation representing diverse sectors of the space stakeholder community commercial, civil, and military CSA works to maximize the State's space enterprise potential by developing, managing, coordinating funding for, or otherwise supporting California -based space assets The organization serves as a policy advisor to the Secretary of the State's Technology, Trade and Commerce Agency on all space related matters Involvement from local governments is Important to CSA's success By obtaining resolutions from local government and community leadership organizations, CSA can better obtain the attention of state and federal decision makers The City of El Segundo is a member of CSA ATTACHED SUPPORTING DOCUMENTS: Exhibit A — Resolution Regarding City of El Segundo Space Policy FISCAL IMPACT: Operating Budget. N/A Amount Requested N/A Account Number, N/A Project Phase N/A Appropriation Required —Yes _X_ No ORIGINATED BY: DATE (k L,-Ja � J44es Hansen, Director of Community, Economic and Development Services W_ Mary StrerWCity Manager DATE' / f/ O!` 6. 10 RESOLUTION NO. A RESOLUTION DECLARING THE CITY OF EL SEGUNDO'S SUPPORT FOR THE SPACE INDUSTRY AND THE CALIFORNIA SPACE AUTHORITY. The City Council of the city of El Segundo does resolve as follows SECTION 1 The City Council finds and declares as follows A California is one of the few states in the United States that has numerous clusters of space enterprise manufacturers that can provide large -scale capabilities for space - related research and design, manufacture, launch, and systems management, B El Segundo has long benefited from the jobs and economic growth resulting from a prosperous space enterprise climate in California, C As growth in space enterprise services such as global positioning systems, remote sensing and satellite imaging continues to evolve from an industry dominated by government contracts to consumer oriented, El Segundo is certain to build upon its economic foundation as new markets are created by the demands of consumers, and D At least 40 countries and 18 states eagerly compete for a share of the expansion of the worldwide space market creating competition to El Segundo in its ability to retain and grow space enterprise businesses located within its I unsdiction SECTION 2 The City Council supports development of space enterprise consistent with prudent planning practices in order to retain and grow the prestige, jobs and associated economic benefits of a robust space enterprise community SECTION 3 To the extent feasible, the City will support and foster development of space enterprise activities, including, without limitation, space education and lob training, flight infrastructure development and preservation, academic research and development, applied research, space business development, economic diversification, space vehicle launch activity, and space - related tourism SECTION 4 The California Space Authority is commended for its efforts to foster and maintain space enterprise in El Segundo and throughout California Its ongoing efforts to educate policy makers and elected officials should be supported SECTION 5 The City Manager, or designee, should recommend to the City Council that a specified date be annually announced as Space Day in El Segundo and to support and encourage educational programs within the community specific to space enterprise development -I- IN \SLane \Staff Reports \Space IndustryResolutton doe] May 14, 2002 65 SECTION 6 The City Manager, or designee, is directed to deliver signed copies of this Resolution to the Governor, Secretary of Technology, Trade and Commerce Agency, Deputy Secretary of the Division of Science, Technology and Innovation, and the Chief Executive Officer of the California Space Authority SECTION 7 The City Clerk will certify to the passage and adoption of this Resolution and enter it into the book of original resolutions SECTION 8 This Resolution will become effective immediately upon adoption PASSED AND ADOPTED this _ day of 2002 ATTEST Cindy Mortesen, City Clerk APPROVED AS TO FORM, Mark D Hensley, City Attorney Uz Karl H Berger, Assistant City Attorney -2- [N \SLane \Staff Reports \Space IndustryResoluthon docl May 14, 2002 Mike Gordon, Mayor 6 f CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I, Cindy Mortesen, City Clerk of the City of El Segundo, California, DO HEREBY CERTIFY that the whole number of members of the City Council of the said City is five, that the foregoing resolution, being RESOLUTION NO was duly passed and adopted by the said City Council, approved and signed by the Mayor of said City, and attested by the City Clerk of said City, all at a regular meeting of the said Council held on the day of 2002, and the same was so passed and adopted by the following vote AYES NOES ABSENT ABSTENTION NOT PARTICIPATING WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this day of 2002 Cindy Mortesen, City Clerk Of the City of El Segundo, California (SEAL) -3- IN \SLane \Staff Reports \Space IndustryResolution docl May 14, 2002 67 EL SEGUNDO CITY COUNCIL AGENDA ITEM STATEMENT MEETING DATE: May 27, 2002 AGENDA HEADING. Consent Agenda Consideration and possible action regarding approval of the SPCA contract for animal sheltering services — (Fiscal Impact = $26,400) COUNCIL ACTION: (1) Approve SPCA contract for animal sheltering services and authorize the City Manager to execute (2) Alternatively discuss and take other action related to this item BACKGROUND & DISCUSSION' On March 6, 2001, the City Council approved contract #2864 authorizing the SPCA to provide animal sheltering services for the City Following an annual review of the contract, several amendments were recommended and included by the City Attorney Further, funding for these animal care services increased approximately 5% bringing the annual fee amount to $26,400 per year ($2,200 per month) This increase remains within the budgeted amount and no additional funds are requested Continued on Page Two ATTACHED SUPPORTING DOCUMENTS SPCA Contract FISCAL IMPACT. Operating Budget: $34,500. Amount Requested: $26,400. Account Number. 001 -400- 3108 -6206 Project Phase. Implementation Appropriation Required: No of Police REVIEWED BY: DATE: Mary Strenn, City Manager 6E' 11 Agenda Item. SPCA Contract El Segundo City Council Meeting Date. May 27, 2002 Page Two , BACKGROUND & DISCUSSION: The SPCA has provided outstanding seances to the Animal Control Division of the El Segundo Police Department As part of these services, the SPCA professionally accepts and disposes all dead animals delivered by police personnel, harbors and provides medical screening for live domestic animals, and provides life rescue and release of wild animals The SPCA staff is on site seven (7) days a week between the hours of 8 00 am to 5.00 pm Animal Control personnel have keys to the SPCA facility for after hour animal deliveries During the contract period, the SPCA has accepted the following animals Live Dogs 64 Live Cats 37 Live Other (Birds, Raccoons, Possums, etc) 88 Dead Dogs 12 Dead Cats 29 Dead Other (Birds, Raccoons, Possums, etc) 121 The Police Department is requesting approval of this amended contract for continued animal sheltering services from the SPCA 69 EL SEGUNDO CITY COUNCIL MEETING DATE' May 21, 2002 AGENDA ITEM STATEMENT AGENDA HEADING Consent Aqenda Consideration and possible action regarding Assignment of Right, Title and Interest in Public Service Agreement No 2798 between the City of El Segundo Just Right Help II, Inc. to AccentCare, Inc ACTION. Recommendation — (1) Approve Assignment; (2) Authorize the City Manager to execute reouest on behalf of Citv, (3) Alternativelv discuss and take other action related to this item. Just Right Help Services, Inc and AccentCare, Inc entered into an Asset Purchase Agreement on or about April 1, 2002 with a closing date of the transactions contemplated to occur May 31, 2002 In accordance with the Purchase Agreement, Just Right Help Services, Inc wishes to transfer and assign to AccentCare and AccentCare desires to purchase and assume, certain rights and obligations of Just Right Help Services, Inc, including the contract between Just Right Help Services and the City of El Segundo Presently the City has only one contract with Just Right Help Services, Inc , Public Service Agreement No 2798 This Agreement provides CDBG grant funds to Just Right Help Services, Inc. as part of the in -home care services to El Segundo senior citizens and /or severely handicapped persons The Agreement is in effect until June 30, 2003, with an option for annual review ATTACHED SUPPORTING DOCUMENTS Assignment Letter Public Service Agreement No 2798 Operating Budget. Amount Requested. Account Number. Project Phase: Appropriation Required• �z 12 HELP SERVICES INC. To. City Clerk City of El Segundo 350 Main Street El Segundo, CA 90245 -3895 Apnl 18, 2002 Dear Sir or Madam Just Right Help Services, Inc , a California nonprofit public benefit corporation ( "Just Right "), on the one hand, and AccentCare, Inc ( "AccentCare "), a Delaware corporation, on the other, entered into that certain Asset Purchase Agreement ( "Purchase Agreement ") on or about April 1, 2002 with a closing date of the transactions contemplated therein to occur May 31, 2002 (the "Assignment Date "). In accordance with the Purchase Agreement, Just Right wishes to transfer and assign to AccentCare, and AccentCare desires to purchase and assume, certain rights and obligations of Just Right, including that certain contract by and between Just Right and the City of El Segundo, a copy of which is attached hereto (the "Contract"), Accordingly, we are writing this letter to request that you provide your written consent to the proposed transfer and assignment of the Contract Please indicate your consent by counter - signing this letter on the space provided below and returning the x original executed copy to Just Right at the letterhead address above. By counter - signing this letter, you (Contractor) acknowledge and agree that: (1) all amounts due and payable to you by Just Right under the Contract have been paid in full as of the Assignment Date; °T (n) Just Right has not failed to perform, and is not in any respect in default in the performance of any of its obligations, or otherwise liable, under the Contract, (iii) the Contract is in full force and effect and has not been modified or amended, either in writing or orally, and (iv) you hereby unconditionally release and discharge Just Right, its officers, directors, members, employees, agents, and representatives from any and all claims, actions, causes of actions, rights, demands, debts, obligations, damages, liabilities, Judgments or losses of any kind whatsoever arising from events occurring on or after the Assignment Date in connection with the Contract and/or the assignment thereof Just Right anticipates that the assignment and assumption of the Contract will occur May 31, 2002, as described above Promptly upon consummation thereof, Just Right will deliver a notice to you indicating completion of the transaction 3551 Voyager Street, Suite 204, Torrance, CA 90503 (310) 539 -9000 A Special Kind of Care 1 77 To- City Clerk April 18, 2002 Page 2 If you have any questions concerning this consent, please contact me at (310) 793 -4044 Thank you very much for your prompt attention to this matter. Very truly yours, Just Right Help �Services, Inc. Larry Spaeter ACKNOWLEDGED AND CONSENTED TO BY: CITY OF EL SEGUNDO ILZ Name- Its- 78 PUBLIC SERVICE AGREEMENT BETWEEN THE CITY OF EL SEGUNDO AND JUST RIGHT HELP, II, INC. THIS AGREEMENT is entered into this 1 st day of July , 2000 by and between THE CITY OF EL SEGUNDO, Municipal Corporation of the State of California (hereinafter "CITY ") and JUST RIGHT HELP, 11, INC , a non - profit corporation (hereinafter referred to as "CONSULTANT'), and is made with reference to the following facts RECITALS A CITY, is the participant in the Los Angeles County Community Development Commission's (hereinafter "COUNTY ") Community Development Block Grant (CDBG) Program The Community Development Block Grant program is funded by the United States Department of Housing and Urban Development ( "HUD ") pursuant to Title I of the Housing and Community Development Act of 1974, as amended ( "ACT'). B CITY has approved the provision of federal funds under the ACT to be used to provide in -home services to local shut -ins who require, medical, physical, and /or home maintenance assistance Approximately 400 to 600 home visitations will be made to elderly and /or severely handicapped persons Of those served, at least fifty -one (51 %) percent of the total number of persons must be residents of the City of El Segundo Residency information must be kept on all clients served under this program C That the CITY is desirous of obtaining the services of a qualified consultant to perform said services, and D That CONSULTANT has demonstrated to be the most qualified to offer such services and CONSULTANT has agreed to perform such services, subject to the terms and conditions set forth in this Agreement; and E That the legislative body of the CITY has determined that the public interest, convenience and necessity require the execution of this Agreement WHEREFORE, for and in consideration of the respective and mutual covenants hereinafter contained and made, and subject to all the terms and conditions hereof, the parties do hereby agree as follows I DESCRIPTION OF WORK CONSULTANT agrees to use all federal funds provided by CITY to CONSULTANT pursuant to this Agreement for said Community Development Block Grant (CDBG) program CDBG funds shall be used solely to provide in -home care services to senior and /or severely handicapped persons during the course of the project year Program will consist of weekly, bi- monthly, or monthly visits to service the client's needs most effectively as determined by the Recreation and Parks Department's Outreach personnel 1 jst:ight.00 -01 %a it TIME OF PERFORMANCE This Agreement shall commence as of July 1, 2000 and shall remain in full force and effect until June 30, 2003, with an option for annual review III PERFORMANCE. CONSULTANT shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services, as are required of CONSULTANT hereunder, in meeting its obligations under this Agreement Consultant's performance under this Agreement shall be continuously evaluated by Director of Community, Economic and Development Services of the City ( "Director") or his or her designee CONSULTANT shall be notified in writing of any deficiency in a timely manner CONSULTANT shall have fifteen (15) consecutive business days from service of such notification to cure any deficiency to the reasonable satisfaction of the Director or his or her designee IV EXTRA SERVICES. No extra services shall be rendered by CONSULTANT under this Agreement unless such extra services first shall have been authorized in writing by the CITY V COMPENSATION AND METHOD OF PAYMENT. A Rates For services performed under this Agreement, the CITY shall pay the CONSULTANT at the rate of $11 50 per hour Rates are subject to annual review and must be mutually acceptable to both parties of this Agreement B Maximum Compensation The total compensation to be paid by CITY to CONSULTANT for services rendered from a combination of CDBG funds when, if and to the extent received from HUD, and from City General Funds shall not exceed $19,500 for the Fiscal Year 2000 -2001, unless additional payment is approved by the City Council Maximum compensation may vary in subsequent years, depending upon the CITY'S annual CDBG allocation received from HUD The CONSULTANT shall be compensated only as provided in this Agreement The City of El Segundo shall not be deemed responsible for any financial or other obligation which is provided to regular employees of the City The CONSULTANT shall not receive any fringe benefits of any kind The CITY shall not make any deductions from the compensation specified in this Agreement nor provide any coverage for, but not limited to, unemployment, disability, liability, health, dental, life or any other forms of insurance and pension programs, including the state of California's Public Employees' Retirement System and Federal Social Security The CITY shall not withhold any money for Federal and State income Taxes The CITY shall not grant any paid time off from work for illness, vacation, holidays or any other leave C Method of Payment The CONSULTANT shall submit monthly invoices to the CITY specifying the amount due for actual services performed by the CONSULTANT Such invoices shall describe the services performed and specify the number of hours worked and the number of clients served during the invoice billing period The CITY will review each invoice submitted by the CONSULTANT to determine whether the services performed and materials submitted are in compliance with the provisions of this Agreement All invoices shall be approved or returned to CONSULTANT for correction 2 jatrlght 00 -01 M D Budget CONSULTANT agrees to submit a budget to CITY in a format designated by CITY and will provide services to CITY in compliance with said budget, as shown in Attachments 1 and 2, attached hereto and, by reference, incorporated herein and made a part hereof No budgetary changes shall occur without prior written notice to, and written approval of amendments by CITY VI SUSPENSION, TERMINATION OR ABANDONMENT OF AGREEMENT The CITY may, at any time, with or without cause, suspend, terminate or abandon this Agreement, or any portion hereof, by serving upon the CONSULTANT at least thirty (30) days prior written notice Upon receipt of said notice, the CONSULTANT shall immediately cease all work under this Agreement, unless the notice provides otherwise Upon receipt of such notice, the CONSULTANT shall immediately prepare and serve upon the CITY an invoice covering all outstanding fees or other claimed compensation In the event of such termination, CONSULTANT shall be compensated for non - disputed fees under the terms of this Agreement up to the date of termination If the CITY suspends, terminates or abandons a portion of this Agreement, such suspension, termination or abandonment shall not make void or invalidate the remainder of this Agreement VII BREACH OF CONTRACT In the event that CONSULTANT is in default under the terms of this Agreement, the CITY shall have no obligation or duty to continue compensating CONSULTANT for any work performed after the tasks described herein are performed to the reasonable satisfaction of the Director of Planning and Building Safety of the City Failure by the CONSULTANT to make progress in the performance of work hereunder, if such failure arises out of causes beyond his control, and without fault or negligence of the CONSULTANT, shall not be considered a default If the Director or his or her designee determines that the CONSULTANT is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the CONSULTANT with written notice of the default The CONSULTANT shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance In the event that the CONSULTANT fads to cure its default within such period of time, the CITY shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. VIII OWNERSHIP OF DOCUMENTS All original documents, designs, drawings and notes prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the CITY and may be used, reused or otherwise disposed of by the CITY without the permission of the CONSULTANT, Upon termination of this Agreement, CONSULTANT shall turn over to CITY all original papers, drawings, models, reports, documents or other materials generated by CONSULTANT under this Agreement IX OWNERSHIP OF MATERIALS. All reports, documents, floppy discs, diskettes or other materials developed or discovered by CONSULTANT during the course of this Agreement shall be solely the property of the CITY without restriction or limitation on CITY's use X CONFIDENTIALITY. 3 jstright.00 -01 27G ,q � CONSULTANT shall not, either during or after the term of this Agreement, disclose to any third party any confidential information relative to the work or the business of the CITY and /or any affiliated organization, without the written consent of the CITY XI PUBLICATION. Publication, teaching or reproduction by CONSULTANT of information directly derived from work performed or data obtained in connection with services rendered under this Agreement is prohibited unless first approved in writing by CITY XII RECORDS AND AUDITS The CONSULTANT shall maintain accounts and records, including personnel, property and financial records, adequate to identify and account for all costs pertaining to this Agreement and such other records as may be deemed necessary by the CITY to assure proper accounting for all project funds, both federal and non - federal shares These records will be made available for audit purposes to the CITY or any authorized representative, and will be retained for three years after the expiration of this Agreement unless permission to destroy them is granted by the CITY XIII EQUAL EMPLOYMENT OPPORTUNITY CONSULTANT shall not discriminate against any employee or applicant for employment in its recruiting, hiring, promotion, demotion, transfer, layoff, rates of pay or other forms of compensation, selection for training including apprenticeship, or termination practices on the basis of race, religious creed, color, national origin, ancestry, sex, age or physical handicap in the performance of this Agreement CONSULTANT shall comply with the provisions of the State Fair Employment Practices Act as set forth in the California Fair Employment and Housing Act, Title 2, Division 3, Part 2 8, of the California Government Code, Section 12900 et. seq XIV COMPLIANCE WITH FEDERAL REGULATIONS During the performance of this Agreement, the Consultant agrees to comply with the following Federal provisions Executive Order 11246 requires that during the performance of this agreement, the Consultant agrees not to discriminate against any employee or applicant for employment because of race, religion, sex, color or national origin. The CONSULTANT will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, color or national origin. Such action shall include, but not be limited to the following employment, upgrading, demotion, or transfer; rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONSULTANT agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Consultant setting forth the provisions of this non - discrimination clause Section 3 of the Housing and Community Development Act of 1968, as amended, 12 U.S.C. 1701 et. seq., requires that, to the greatest extent feasible, opportunities for training and employment be given to lower income residents of the project area and contracts for work in connection with the protect be awarded to business concerns which are located in or owned in substantial part by persons residing in the area of the project Title VI of the Civil Rights Act of 1964, as amended and Title Vlll of the Civil Rights Act of 1968, as amended that provides that no person shall, on the grounds of race, color, or national , origin, be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program or activity receiving federal financial assistance 4 jstnght oo -ol 82 ;. Section 109, Title 1 of the Housing and Community Development Act of 1974 provides that no person shall, on the grounds of race, color, national origin, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program of activity funded in whole or in part with funds made available under this title Any prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975, or with respect to an otherwise qualified handicapped individual, as provided in Section 504 of the Rehabilitation Act of 1973, shall also apply Shall comply with all regulations of the Americans With Disabilities Act (ADA) of 1990 (42 USC Section 12101 et. seq.). XV INTEREST OF MEMBERS OF THE CITY No member of the governing body of the CITY and no other officer, employee, or agent of the CITY who exercises any functions or responsibilities in connection with the planning and carrying out of the program shall have any personal financial interest, direct or indirect, in the Agreement, and the CONSULTANT shall take appropriate steps to assure compliance XVI INTEREST OF OTHER LOCAL PUBLIC OFFICIALS No member of the governing body of the locality and no other public official of such locality, who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Agreement; and the CONSULTANT shall take appropriate steps to assure compliance. XVII INTEREST OF CONSULTANT AND EMPLOYEES No person performing services for CITY in connection with this Agreement shall have a financial or other personal interest other than her employment or retention by CITY in any contract or subcontract in connection with this Agreement. The CONSULTANT further covenants that in the performance of this Agreement, no person having any such interest shall be employed XVIII INDEPENDENT CONTRACTOR The CONSULTANT shall perform the services as contained herein as an independent contractor and shall not be considered an employee of CITY or under CITY supervision or control This Agreement is by and between the CONSULTANT and CITY and is not intended, and shall not be construed, to create the relationship of agent, servant, employee, partnership, joint venture, or association, between the CITY and the CONSULTANT XIX LEGAL RESPONSIBILITIES The CONSULTANT shall, at all times during the term of this Agreement, have in full force and effect, all licenses and permits required of it by law. The CONSULTANT shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by the CONSULTANT or in any way affect the performance of the services pursuant to this Agreement The CONSULTANT shall at all times observe and comply with all applicable laws, ordinances, codes and regulations of federal, state and local governments, including but not limited to the EI Segundo Municipal Code. The City, and its officers, employees or agents, shall not be liable at law or in equity occasioned by failure of the CONSULTANT to comply with this section CONSULTANT may be required to file a Statement of Economic Interests (Form 730 of the California Fair Political Practices Commission) with the CITY for employees designated to the CITY to be used on this project prior to the execution of this Agreement XX UNAUTHORIZED ALIENS A jstftht.00 -01 [ik FederalCONSUL7"ANT hereby y Promises and ` connection therewith and Nationalr agrees to CONSULTgNTs shall Act (8 U S.Cq comply with all of covered b Ploy such u employ unauthorized 1701 the proviso Y this ggreem nauthonzed aliens et Seq')' as amen ns of the CITY for such use enY, and should the aliens to the as defined ded, and, in CiTY for the cost of all su uthonzed aliens, CONSULT Performance therein Should fees, incurred b ch sanctions en SULTgNT ernment im of work and /or y the CITY. connection hereby impose Sanctions services XXI nnecfion fher 'together with an y agrees to, ands against the SUCCES OR A ewith, Y and all costs, including reimburse ,— he se AND AS I NME ncluding attorney e is as appears as contained NT in this Apears first w her are to greement above ritten and said CONS rendered by the upon the heirs, without the prior written ° t TANT CONSULT Claims for executors, and onsent shall not as ANT whose name bank, money by CONSULTadmrnistrators °f the Ct7y, The A r nor transfer an trust company or Other financr 1 instrtufion sine g Bement s Y interest ass, gnment from the CI under successors and assi half be or transfer shall be fu 7} under this 9ns Agreement the binding XXII I �` meshed Prompt y o° he C17y approval Written notice rtof igned to IN^�it? ICATION pertorm t CONSULTgNT re any such Skills he seryjces and duties Presents it i and kn°wled agreed fo s skilled in the consistent with the ge of CONSUL Tq hereunder b Professional similar standards NT CONSULT Y CONSULTANT calling necessary to service ,n the State of nerall r ANT shall and CITY relies aliforn,a ecognized as being emppo rt°rm such service upon the 13 CONSULT Yed by professro Ices and duties o CITY to eor to CONSULTANT incur ar; is an independent Aertormrng noise• unless s Y obligation contractor and an expressly conferred in w ringtby CITY expressiy ctonf or rliability age nstlCITY tY to bind e no authority under whether harmless from CONSULTANT this Agreement or isbothen�ct rising and all claims rees to hold the Ci noise 9 out of Orin connection liabilities or losses for N' its officers, a such clam SULTSed by or results fro rk undertaken pursue !u employee of the CON Personal in ry, death and s C1y, a its officers,ANT, its employe or its anegligent acts or o° this Agreement for h erty damage any and all such actions su Semployees. at CONS Further NSULT, or intentional the any agents and CO Agreement CON employees risin °f other legal pr aLRANT,S sole expense to a th claims or litigation an of or in connection w brought a Pense, with Provide the half not be liable f work gainst the -n,erdefenSe of arising out of the or the Indemnification undertaken CI is officers, sole negligence mnification en pursuant t shalt The insur or sole willful and defense of the Cl °this ensure CONSULTance required to be misconduct of the CiTY 7Y on insurance shall not Irmrt the S obi. b XX1(13) shall s e Ilabrir gallons under this Y CONSUL TgNT urvive the expiration o CONS Paragraph under Para XXiII INSURAN earlier term nation of this- The D(rovis o sihe limits such �s rance of this ggreernent of this paragraph n tut! force CONSULTANT srem of or damages effect throw hall Provide and maintain Insurance ges to property whg horn Y aterm fool this Agreement a acceptable to the City m or in connectio gainst claims for n u Attorney with the Performance 1 Ines f persons 6 of the work Jowtht 00.01 R4 hereunder by CONSULTANT, its agents, representatives or employees Insurance is to be placed with insurers with a current A M Best's rating of no less than A VII CONSULTANT shall provide the following scope and limits of insurance (1) Minimum Scooe of Insurance Coverage shall be at least as broad as (a) Insurance Services Office form Commercial General Liability coverage (Occurrence Form CG 0001) (b) Insurance Services Office form number CA 0001 (Ed 1187) covering Automobile Liability, including code 1 "any auto" and endorsement CA 0025, or equivalent forms subject to the written approval of the CITY (c) Workers' Compensation insurance as required by the Labor Code of State of California and Employer's Liability insurance and covering all persons providing services on behalf of the CONSULTANT and all risks to such persons under this Agreement (d) Errors and omissions liability insurance appropriate to the CONSULTANT'S profession (2) Minimum Limits of Insurance CONSULTANT shall maintain limits of insurance no less than the following, or, at an amount satisfactory to the Director of Planning and Building Safety (a) General Liability. $1,000,000 per occurrence for bodily injury, personal injury and property damage If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the activities related to this Agreement or the general aggregate limit shall be twice the required occurrence limit (b) Automobile Liability. $1,000,000 per accident for bodily injury and property damage (c) Workers' Compensation and Employer's Liability Workers' Compensation as required by the Labor Code of the State of California and Employers Liability limits of $1,000,000 per accident (d) Errors and Omissions Liability $1,000,000 per occurrence (B) Other Provisions Insurance policies required by this Agreement shall contain the following provisions (1) All Policies Each insurance policy required by this paragraph XXII shall be endorsed and state the coverage shall not be suspended, voided, canceled by the insurer or either party to this Agreement, reduced in coverage or in limits except after 30 days' prior written notice by Certified mail, return receipt requested, has been given to the CITY (2) General Liability and Automobile Liability Coverages FA tstright 00 -01 M (a) CITY, its officers, officials, and employees and volunteers are to be covered as additional insureds as respects. liability arising out of activities CONSULTANT performs, products and completed operations of CONSULTANT, premises owned, occupied or used by CONSULTANT, or automobiles owned, leased or hired or borrowed by CONSULTANT The coverage shall contain no special limitations on the scope of protection afforded to CITY, its officers, officials, or employees (b) CONSULTANT'S insurance coverage shall be primary insurance as respect to CITY, its officers, officials, employees and volunteers. Any insurance or self insurance maintained by CITY, its officers, officials, employees and volunteers shall apply in excess of, and not contribute with, CONSULTANT'S insurance (c) CONSULTANT'S insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability (d) Any failure to comply with the reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the CITY, its officers, officials, employees and volunteers. (3) Workers' Compensation and Employer's Liability Coverage Unless the City Manager otherwise agrees in writing, the insurer shall agree to waive all rights of subrogation against CITY, its officers, officials, employees and agents for losses arising from work performed by CONSULTANT for CITY (C) Other Requirements CONSULTANT agrees to deposit with CITY, at or before the effective date of this contract, certificates of insurance necessary to satisfy CITY that the insurance provisions of this contract have been complied with The City Attorney may require that CONSULTANT furnish CITY with copies of original endorsements effecting coverage required by this Section. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf CITY reserves the right to inspect complete, certified copies of all required insurance policies, at any time (1) CONSULTANT shall furnish certificates and endorsements from each subcontractor identical to those CONSULTANT provides (2) Any deductibles or self - insured retentions must be declared to and approved by CITY At the option of the CITY, either the insurer shall reduce or eliminate such deductibles or self - insured retentions as respects the CITY, its officers, officials, employees and volunteers, or the CONSULTANT shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims (3) The procuring of such required policy or policies of insurance shall not be construed to limit CONSULTANT'S liability hereunder nor to fulfill the indemnification provisions and requirements of this Agreement XXIV SEVERABILITY This Agreement contains the entire understanding between the CITY and CONSULTANT Any prior agreements, promises, negotiations or representations not expressly set forth herein are of no force or effect Subsequent modifications to this Agreement shall be effective only if in writing 8 j%tzight 00 -01 FIR . 2,�' and signed by all parties If any term, condition or covenant of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall be valid and binding XXV WAIVER Waiver by any party hereto of any term, condition, or covenant of this Agreement shall not constitute the waiver of any other term, condition, or covenant hereof XXVI CHANGES The CITY may request changes in the scope of the services of the CONSULTANT to be performed hereunder Such changes, including any increase or decrease in the amount of the CONSULTANTS compensation, which are mutually agreed upon by and between the CITY and the CONSULTANT, shall be incorporated in written amendments to this Agreement XXVII REPORTS AND INFORMATION The CONSULTANT, at such times and in such forms as the CITY may require, shall furnish the CITY such periodic reports as it may request pertaining to the work or services undertaken pursuant to this Agreement, the costs and obligations incurred or to be incurred in connection therewith, and any other matters covered by this Agreement CONSULTANT agrees to provide CITY with a wntten quarterly summary of activities on or before the 5th day of the month following the end of a quarter of the project year (October, January, April, and July) If CONSULTANT fails to do so, CITY may withhold funds until said written quarterly summary has been received Ethnic and Head of Household data, consistent with HUD's Grantee Performance Report requirements, must also be provided XXVIII PERSONNEL CONSULTANT represents that it has, or will secure at its own expense, all personnel required in performing the services under this Agreement All of the services required hereunder will be performed by CONSULTANT or under its supervision and all personnel engaged in the work shall be fully qualified and shall be authorized or permitted under state and local law to perform such services None of the work or services covered by this Agreement shall be subcontracted without the prior written approval of the CITY Any work or services subcontracted hereunder shall be specified by written contract or agreement and shall be subject to each provision of this Agreement. XXIX CONFLICT OF INTEREST No person performing services for the City of El Segundo in connections with this Agreement shall have a financial or other personal interest other than his or her employment or retention by the City of El Segundo in any contract or subcontract in connection with this Agreement No officer or employee of such person retained by the City of El Segundo shall have any financial or other personal interest in any real property in which the plans of said property are being checked in connection with this Agreement XXX ATTORNEY'S FEES If litigation is reasonably required to enforce or interpret the provisions of this Agreement, the prevailing party in such litigation shall be entitled to an award of reasonable attorney's fees, in adgition to any other relief to which it may be entitled. XXXI LOBBYING CERTIFICATION 0 jstright 00.01 87 2796 1 No Federal appropriated funds have been paid or will be paid, by or on behalf of the CONSULTANT, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any cooperative agreement, and the extension, continuation renewal, amendment, or modification of any Federal contract, grant, loan or cooperative agreement 2 If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer of employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the CONSULTANT shall complete and submit Standard Form -LLL, "Disclosures Form to Report Lobbying ", in accordance with its instructions 3 The CONSULTANT shall require that the language of this certification be included in all subcontracts and that all subcontractors shall certify and disclose accordingly. XXXII NOTICES Notices, herein shall be presented in person or by certified or registered U S Mad, as follows to the CONSULTANT, Mr. Larry Spaeter, Director Just Right Help, II, Inc. 3551 Voyager Street, Suite 204 Torrance, CA 90503 (310) 539 -9000 to the CITY, City Clerk City of El Segundo 350 Main Street El Segundo, California 9024 (310) 322 -4670 XXXIII GOVERNING LAW This Agreement shall be interpreted and construed according to the laws of the State of California XXXIV APPROVAL BY CITY COUNCIL. On January 18, 2000, the City Council of the City of El Segundo approved the City entering into this Agreement and authorized the Director of Community, Economic and Development Services to sign this Agreement on behalf of the City 10 7stright 00-01 room Y 17 - IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written CITY OF EL SEGUNDO: d Mike ordon, Mayor ATTESTED: 7 i� (SEAL) AS TO FORM: o.. rk D Hensley, Attorney 11 SIGNATURES CONSULTANT: L ry Spa ter Just Right Help, II, Inc 7stcight,00 -01 • O Exhibit L Community Development Commission County of Los Angeles COUNTY LOBBYIST CODE CHAPTER 2.160 COUNTY ORDINANCE NO. 93-0031 CERTIFICATION Name of Firm �vri l,tol�j f �j� �Pny�cti�S Date: Address- i 'tI (✓1�`j !f yr "se S i 412,0(1 State. C f�' Zip Code: `Iy t % 3 Phone No.: O ) 7Y 3- 4/04`{ Acting on behalf of the above named firm, as its Authorized Official, i make the following Certification to the County of Los Angeles and the Community Development Commission, County of Los Angeles: 1) It is understood that each person/entity /firm who applies for a Community Development Commission contract, and as part of that process, shall certify that they are familiar with the requirements of the Los Angeles County Code Chapter 2.160. (Los Angeles County Ordinance 93- 0031)and; 2) That all persons/entities/firms acting on behalf of the above named fine have and will comply with the County Code, and; 3) That any person/entity /firm who seeks a contract with the Community Development Commission shall be disqualified therefrom and denied the contract and, shall be liable in civil action, if any lobbyist, lobbying firm, lobbyist employer or any other person or entity acting on behalf of the above named firm fails to comply with the provisions of the County Code. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into contract with the Los Angeles County and the Community Development Commission, County of Los Angeles. Authorized Official: z S S,_�rl: -7L�L` �t Nam ..d-r 'L` Title: I Signature: Date: 90 EL SEGUNDO CITY COUNCIL MEETING DATE- May 21, 2002 AGENDA ITEM STATEMENT AGENDA HEADING: New Business AGENDA DESCRIPTION Consideration and possible action authorizing Shute, Mihaly and Weinberger to consult with counsel for the El Toro airport proponents to ensure that regional airport interests are incorporated Into pending and future litigation (Fiscal impact - $50,000) RECOMMENDED COUNCIL ACTION: 1) Authorize Shute, Mihaly and Weinberger to consult with the proponents of the proposed El Toro airport on Issues related to strategy and current and future litigation, 2) Alternatively, discuss and take other action related to this Item BACKGROUND & DISCUSSION On March 5, 2002, Orange County voters approved "Measure W" stating that the former Naval Air Station site at El Toro shall be zoned to accommodate open space and park use Measure W was an initiative that sought to preempt efforts by the County of Orange to develop a commercial airport on the El Toro site. Despite passage of that ballot measure, however, supporters of the El Toro commercial airport concept have retained counsel and have initiated litigation seeking to overturn Measure W (Please see attached page marked "Background and Discussion ") ATTACHED SUPPORTING DOCUMENTS None FISCAL IMPACT. $50,000 Operating Budget: $800,000 Amount Requested- $50,000 Account Number- 001 -400- 2901 -6406 Project Phase: NIA Appropriation Required. _Yes X No S/ YZ 91 13 Background and Discussion (con't): The development of the former El Toro Naval Air Station site into a commercial airport is a centerpiece of the regional airport plan promoted by the City of El Segundo and more than 150 other public agencies In addition, the development of that airport facility is an important part of the Regional Transportation Plan adopted by SCAG Accordingly, staff recommends that the Council authorize Shute, Mihaly and Weinberger to provide services, including consultation, strategy development and other services related to pending and future litigation initiated by the proponents of the El Toro airport That type of work would include consultation on the pending Measure W litigation filed by the proponents of E1 Toro airport In addition, Shute, Mihaly would be authorized to examine the merits of initiating NEPA litigation related to the Department of Navy's Record of Decision (ROD), which indicated that El Toro Naval Air Station would be disposed in a manner consistent with Measure W Staff recommends that funding for those efforts be limited to an amount not to exceed $50,000 It will not be necessary to appropriate additional funds at this time, if the Council chooses to authorize this work In addition, should the Council move forward with this item, work performed by Shute, Mihaly and Weinberger will be directed through the Assistant City Manager The firm would be expected to continue providing detailed status reports to be submitted with their monthly billings