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2003 DEC 02 CC PACKETAGENDA EL SEGUNDO CITY COUNCIL COUNCIL CHAMBERS - 350 Main Street The City Council, with certain statutory exceptions, can only take action upon properly posted and listed agenda items Unless otherwise noted in the Agenda, the Public can only comment on City - related business that is within the jurisdiction of the City Council and /or items listed on the Agenda during the Public Communications portion of the Meeting During the first Public Communications portion of the Agenda, comments are limited to those items appearing on the Agenda. During the second Public Communications portion of the Agenda, comments may be made regarding any matter within the jurisdiction of the City Council 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 second Public Communications portion of 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) Other members of the public may comment on these items only during this second Public Communications portion of the Agenda. 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, DECEMBER 2, 2003 — 5:00 P.M. Next Resolution # 4347 Next Ordinance # 1371 i 15:00 P.M. SESSION F CALL TO ORDER 1ROLL CALL LOSED SESSION: he City Council may move into a closed session pursuant to applicable law, including the Brown Act (Government ode Section §54960, et seq.) for the purposes of conferring with the City's Real Property Negotiator,* and/or gonferring with the City Attorney on potential and/or existing litigation; and/or discussing matters covered under overnment Code Section §54957 (Personnel), and /or conferring with the City's Labor Negotiators; as follows. Ui CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Gov't Code §54956 9(a)) — 2 matters 1. Bressi v City of El Segundo, LASC No. BC288292 2. Bressi v City of El Segundo, LASC No. BC288293 CONFERENCE WITH LEGAL COUNSEL —ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code §54956.9(b): -0- 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) —1 matter 1. Labor Negotiator- Mary Strenn, City Manager Bargaining Unit- Police Management Association CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8): -0- matter SPECIAL MATTERS — 2 vn 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 During the first Public Communications portion of the Agenda, comments are limited to those items appearing on the Agenda. During the second Public Communications portion of the Agenda, comments may be made regarding any matter within the jurisdiction of the City Council. 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 second Public Communications portion of 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). Other members of the public may comment on these items only during this second Public Communications portion of the Agenda. 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, DECEMBER 2, 2003 — 7:00 P.M. Next Resolution # 4347 Next Ordinance # 1371 7:00 P.M. SESSION CALL TO ORDER INVOCATION — Fr. Charles Chilinda of Loyola Marymount University PLEDGE OF ALLEGIANCE — Mayor Pro Tem Sandra Jacobs 3 ii PRESENTATIONS — (a) Proclamation by the Mayor and Members of the City Council of the City of El Segundo, California, proclaiming December, 2003 the month for Lighting Up the Community and inviting the residents of El Segundo to warmly welcome the members of the Park Vista Jet Setters as they judge the 2003 Lighting Up the Community program. (b) Proclamation in observance of Operation Teddy Bear, December 11, 2003. (c) Proclamation in keeping with an annual holiday tradition in El Segundo, to symbolically change name of the 1200 block of Acacia to Candy Cane Lane, to create a snow - covered Christmas Village for the period of December 13, 2003 at 7:00 pm through December 23, 2003. (d) Commendation to Gary Wallace for his service on the El Segundo Community Cable Advisory Committee. ROLL CALL PUBLIC COMMUNICATIONS — (Related to City Business Only — 5 minute limit per person, 30 minute limit total) Individuals who have received value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so identify themselves prior to addressing the City Council. Failure to do so shall be a misdemeanor and punishable by a fine of $250. While all comments are welcome, the Brown Act does not allow Council to take action on any item not on the agenda. The Council will respond to comments after Public Communications is closed. A. PROCEDURAL MOTIONS Consideration of a motion to read all ordinances and resolutions on the Agenda by title only. Recommendation — Approval. 4 0 1 B. SPECIAL ORDERS OF BUSINESS C. UNFINISHED BUSINESS 1. Consideration and possible action regarding Contract Amendment No. 1 to a contract (No. 3257) with Christopher A. Joseph & Associates to prepare a Project/Program Environmental Impact Report (EIR) with an accelerated schedule for the redevelopment of land owned by Honeywell and others located at the northeast corner of Rosecrans and Sepulveda. The amount of the amendment would be $40,480. Total cost of contract, including what was previously approved by the City Council, would not to exceed $295,636. The applicant of the project will pay the full amount of the contract. Recommendation — (1) Authorized City Manager to execute Contract Amendment No. 1 in a form to be approved by the City Attorney with Christopher A. Joseph & Associates to prepare an expedited Project/Program EIR in an amount not to exceed $295,636; (2) Alternatively, discuss and take other action related to this item. D. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS 2. Consideration and possible action regarding naming the Imperial Vista outlook project, Imperial Vista Park "Clutter's Bluff'. Recommendation — (1) Approve Recreation and Parks Commission's recommendation to name the new Imperial Vista outlook project, Imperial Vista Park "Clutter's Bluff'; (2) Commission recommends that the signage should include a brief description of who former Council Member Jim Clutter was in relation to the airport; (3) Alternatively, discuss and take other action regarding this item. E. CONSENT AGENDA All items listed are to be adopted by one motion without discussion and passed unanimously. If a call for discussion of an item is made, the item(s) will be considered individually under the next heading of business. 3. Warrant Numbers 2537351 to 2537647 on Register No. 4 in the total amount of $1,331,875.36 and Wire Transfers from 11/07/2003 through 11/20/2003 in the total amount of $1,131,586.64. 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. U•� 4. City Council Meeting Minutes of November 18, 2003. Recommendation — Approval. 5. Consideration and possible action regarding an amendment to the El Segundo Municipal Code regarding newsracks. Recommendation — (1) Second reading by title only and adoption of Ordinance; (2) Alternatively, discuss and take other action related to this item. 6. Consideration and possible action regarding a resolution readjusting optional Parking In -Lieu Program fees in accordance with the El Segundo Downtown Specific Plan (DSP) and Ordinance No. 1368. Recommendation — (1) Adopt resolution readjusting Parking In -Lieu Program fees; (2) Alternatively, discuss and take other action related to this item. 7. Consideration and possible action to adopt a resolution appointing the City Manager as the City's real property negotiator for the Douglas Street Improvement Project and authorizing the City Manager to approve contracts for acquisition of real property interests. (Estimated Cost $1,007,040) Recommendation — (1) Adopt Resolution; (2) Alternatively, discuss and take other action related to this item. 8. Consideration and possible action regarding acceptance of the Park Vista Senior Housing exterior painting (615 East Holly Avenue) — Approved Park Vista Operating Budget — Project No. PW 03 -05. (Final contract amount $82,300) Recommendation — (1) Accept the work as complete; (2) Authorize the City Clerk to file the City Engineer's Notice of Completion in the County Recorder's Office; (3) Alternatively, discuss and take other action related to this item. 9. Consideration and possible action to accept the project to install lining of sanitary sewer access structures — Approved Capital Improvement Program PW 03 -11. (Estimated Cost $66,170) Recommendation — (1) Accept the work as complete; (2) Authorize the City Clerk to file the City Engineer's Notice of Completion with the County Recorder's Office; (3) Alternatively, discuss and take other action related to this item. 6 10. Consideration and possible action to approve two (2) easement agreements with Shell California Pipeline Company for the Douglas Street Gap Closure Project. (No fiscal impact) Recommendation — (1) Approve the easement agreements; (2) Authorize the City Manager to execute the agreements on behalf of the City; (3) Alternatively, discuss and take other action on related to this item. 11. Consideration and possible action to adopt a resolution amending Resolution No. 4162 regarding street sweeping in the 200 block of West Mariposa Avenue and the 500 block of Richmond Street and Concord Street. (No Fiscal Impact) Recommendation — (1) Adopt resolution; (2) Alternatively, discuss and take other action related to this item. 12. Consideration and possible action to adopt a resolution amending Resolution No. 4162 regarding the installation of 4 -way stop signs at the intersection of Holly Avenue and Bungalow Drive. (No. Fiscal Impact) Recommendation — (1) Adopt resolution; (2) Alternatively, discuss and take other action related to this item. 13. Consideration and possible action to award a contract to Horizon Mechanical for installation of a chlorination system and eye wash at the Urho Saari Swim Stadium. (Contract amount $26,487) Recommendation — (1) Award contract to Horizon Mechanical in a form approved by the City Attorney; (2) Alternatively, discuss and take other action related to this item. 14. Consideration and possible action regarding acceptance of the 2002 -2003 Slurry Seal of various streets — Approved Capital Improvement Program — Project No. PW 03 -06. (Final contract amount $124,704.86) Recommendation — (1) Accept the work as complete; (2) Authorize the City Clerk to file the City Engineer's Notice of Completion in the County Recorder's Office; (3) Alternatively, discuss and take other action related to this item. 7 _ U7 15. Consideration and possible action regarding the City's acceptance of a donation by the Hughes Electronics Corporation of one 2003 Chevrolet Suburban to the El Segundo Police Department. (Fiscal Impact $1,250) Recommendation — (1) Accept the donation of the Chevrolet Suburban from the Hughes Electronics Corporation; (2) Approve budget for maintenance of the vehicle for the remainder of FY 2003/04; (3) Alternatively, discuss and take other action to this item. CALL ITEMS FROM CONSENT AGENDA F. NEW BUSINESS 16. Consideration and possible action regarding adoption of a resolution recognizing the need for a proactive program that will ensure the replacement of damaged or unusable sewer laterals during the development process of private property. Recommendation — (1) Adopt Resolution; (2) Alternatively, discuss and take other action related to this item. G. REPORTS — CITY MANAGER — NONE H. REPORTS — CITY ATTORNEY — NONE I. REPORTS —CITY CLERK — NONE J. REPORTS — CITY TREASURER — NONE K. 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 receive 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. t) 8 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 s,�.) for the purposes of conferring with the City's Real Property Negotiator, and /or conferring with the City Attorney on potential and /or existing litigation; and /or discussing matters covered under Government Code Section §54957 (Personnel); and /or conferring with the City's Labor Negotiators. REPORT OF ACTION TAKEN IN CLOSED SESSION (if required) ADJOURNMENT POSTED DATE Q 3 TIME. NAME 9 EL SEGUNDO CITY COUNCIL MEETING DATE: December 2, 2003 AGENDA ITEM STATEMENT AGENDA HEADING: Unfinished Business AGENDA DESCRIPTION: Consideration and possible action regarding Contract Amendment No. 1 to a contract (No. 3257) with Christopher A. Joseph & Associates to prepare a Project/Program Environmental Impact Report (EIR) with an accelerated schedule for the redevelopment of land owned by Honeywell and others located at the northeast corner of Rosecrans and Sepulveda. The amount of the amendment would be $40,480. Total cost of contract, including what was previously approved by the City Council, would not to exceed $295,636. The applicant of the project will pay the full amount of the contract. RECOMMENDED COUNCIL ACTION: 1. Authorize City Manager to execute Contract Amendment No. 1 in a form to be approved by the City Attorney with Christopher A. Joseph & Associates to prepare an expedited Project/Program EIR in an amount not to exceed $295,636; and /or, 2. Alternatively discuss and take other action related to this item. BACKGROUND & DISCUSSION: On October 8, 2003, the City Council approved a contract with Christopher A Joseph and Associates to prepare an EIR forthe redevelopment of the properties owned by Honeywell and others at the northeast corner of Rosecrans Avenue and Sepulveda Boulevard. In the interim, two changes have occurred that affect the original scope of work, budget and the time line requiring approval by the City Council prior to proceeding: type of EIR and a request to expedite the project. (Continued on next page...) ATTACHED SUPPORTING DOCUMENTS: 1. Contract Amendment No. 1 in the amount of $268,760 ($40,480 increase). FISCAL IMPACT: Operating Budget: $295,636.00 (Appropriation offset entirely by developer deposit) Amount Requested: $40,480.00 Account Number: 001 - 400 - 2402 -6214 Project Phase: N/A Appropriation Required: X Yes No ORIGINATED BY: 0 AT I-: 1. Hansen, Director of Commun / 0/.2 s /dS Economic and Development Services BY: DATE: Ma ry Strenn ,City Manager 1 a STAFF REPORT: December 2, 2003 Project Program EIR Page 2 A Project/Program EIR is proposed as a result of modifications to the original project recently submitted by the applicant. When the original contract was approved by the City Council (that included a Project EIR), the applicant proposed to develop the entire 108 -acre site including several properties that were under different ownership. Because of situations on the project site related to ownership and environmental conditions, the applicant has determined that the 69 acre property to the south of the Union Pacific Railroad line (Area B) is likely to require a longer time frame before development can occur. In contrast, the 37 -acre property under Honeywell control north of the rail line (Area A) does not have the same constraints and can be developed in the near term. Therefore, it is proposed that Area A be evaluated at a `Project EIR" level which results in a very detailed environmental analysis for the specific retail uses that are proposed. And, Area B will be reviewed at a "Program EIR" level. This is a somewhat less detailed environmental evaluation and no land use entitlements would be required. The revised Project Scope attached to Exhibit A documents the new work program necessary for the contractor to complete the project as a Project/Program EIR. Request to Expedite MAR Ventures, the project applicant, has also requested that the City Council authorize the preparation of the EIR with a compressed schedule that would anticipate completion of the hearing process on the proposed project by the end of March 2004. This would allow the applicant to begin development of Area A earlier than a typical timeframe would provide. The proposed budget amendment reflects the extra costs for the contract to complete the EIR by this time. It is important to note that this schedule will also require the City to commit significant staff resources (planning and legal) to the project to ensure that the proposed schedule is achieved. The original Project EIR budget was for $228,280 with a ten percent contingency to cover unanticipated analysis beyond the scope of services. The contractor has prepared a revised budget for the proposed Project/Program EIR with an expedited schedule for an amount of $268,760. This is an increase of $40,480. The budget summary below includes the revised contingency amount based on the new scope of work. Summary of Budget Original Contract Amount $228,280 Contact Amendment No. 1 40,480 Subtotal 268,760 Ten Percent Contingency (if Needed) 26,876 TOTAL $295,636 1.1 STAFF REPORT: December 2, 2003 Page 3 The Council originally approved a payment plan for the developer to submit payments of 25 percent at the start of the project and then when 25 %, 50 % and 75% of the contract costs respectively, have been invoiced to the City. The revised amounts of each payment would be approximately $73,900. The funds would be placed in a trust deposit account, which would be used to pay the contractor as their invoices are submitted. Any unused funds would be returned to the applicant upon completion of the EIR. Finally, the Council authorized the original award of the contract to be contingent upon the developer agreeing to reimburse the City for the legal expenses that will be incurred by the City Attorney's Office with respect to services rendered for the project. Staff recommends that that agreement also incorporate the additional budget amount described in this report. P \Planning & Budding Safety\PROJECTS \626 - 650 \EA- 631\honeywell Contract amendment No 1 ais doc 1 C, FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT (CONTRACT NO. 3257) FOR ENVIRONMENTAL SERVICES BETWEEN THE CITY OF EL SEGUNDO AND CHRISTOPHER A. JOSEPH AND ASSOCIATES (CAJA) THIS FIRST AMENDMENT ( "Amendment ") is made and entered into this 2nd day of December 2003, by and between the CITY OF EL SEGUNDO, a general law city and municipal corporation existing under the laws of California ( "CITY "), and CHRISTOPHER A. JOSEPH AND ASSOCIATES, a sole proprietorship ( "CONSULTANT "). 1. Pursuant to Section 33 of Agreement No. 3257 ( "Agreement "), a new Section 2(C) is added to read as follows: "C. REVISED ESTIMATE FOR NEW SCOPE OF WORK_ CONSULTANT agrees to perform the services set forth in this Section, as amended by the revised scope of work in attached "Exhibit C," which is incorporated by reference. CONSULTANT will begin its services under this Agreement on December 3, 2003. CONSULTANT will complete each of the services set forth to CITY'S satisfaction strictly according to the schedule provided in attached Exhibits "D ", subject to limitations identified in Exhibit "C." If CITY is dissatisfied with any services, CONSULTANT will work on such matter until CITY approves of the service, provided such revisions are within the approved scope of work. 2. Section 4 is modified so that CITY will pay CONSULTANT for performance under the revised scope of work as set forth in attached Exhibit "E," which is incorporated by reference. Payment will be made within thirty (30) days after CITY receives each invoice as to all non - disputed fees. If CITY disputes any fee it will give CONSULTANT written notice within thirty (30) days of receiving an invoice containing any disputed fees." 3. 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. 3257 will remain the same. [SIGNATURES ON NEXT PAGE] 13 CITY OF EL SEGUNDO, CHRISTOPHER A. JOSEPH AND ASSOCIATES, a general law city. a sole proprietorship. Mary Strenn, City Manager ATTEST: Cindy Mortesen, City Clerk APPROVED AS TO FORM: Mark D. Hensley, City Attorney Karl H. Berger, Assistant City Attorney Craig Fajnor, Vice President P \Planning & Building Safety\ PROJECTS \626 - 650 \EA - 631 \Contract Documents \CAJA Contract Amendment No 1 doc 1� Christopher A Joseph & Associates EXHIBIT C November 7, 1003 II. SCOPE OF WORK UNDERSTANDING OF THE PROJECT The proposed project consists of reuse of an industrial site located at the southern edge of El Segundo, adjacent to the City of Manhattan Beach. The project site is held in multiple ownerships and has been used for industrial activities for over 80 years. Various activities, including certain activities involving the use of hazardous and toxic materials, have taken place on the site over this time frame. A Union Pacific railroad line bisects the site and a BNSF railroad line runs along the southeastern edge of the site. Two large storm water retention basins are located in the central portion of the site. Remediation activities related to conditions of contamination related to previous uses are presently underway under the regulatory supervision of the Regional Water Quality Control Board. Additional remediation activities may be undertaken in the future as additional characterization and risk assessment studies are completed. A large portion of the project site has been the subject of extensive studies related to hazardous materials in the recent past. However, one site presently owned by a chemical company has not been subjected to hazardous materials site assessments. The proposed project would result in the conversion of the project site from industrial to commercial uses. Primary commercial uses on the site under the proposed project would be retail, with some business park uses potentially included. While the UP rail line would remain in place, the BNSF spur would potentially be relocated and the retention basins would be re- configured under the project, possibly to include public recreational facilities. The extension of Park Place through the project site to Sepulveda would also be included in the project to serve as a bypass to congested Rosecrans Avenue. Development of the project site would be governed by a Specific Plan that is being developed by the project applicant. Surrounding land uses include commercial and industrial uses in the City of El Segundo and commercial and residential uses to the south in the City of Manhattan Beach. Amended Scope Because of conditions on the project site related to ownership and environmental conditions, it has been determined that the portions of the project site located south of the UP rail lane are likely to require a longer time frame before development can be fully accommodated. The portion of the project located north of the UP rail lane can be made ready for development in a near term time frame. As such, the project site has been divided into two subareas, Area A and Area B, with Area A comprising he portion of the project site north of the UP rail lane and Area B comprising the remainder of the site. Because of the differences in information: available to support the environmental evaluation, Area A will be evaluated at a project level of detail as provided in State CEQA Guidelines Section 15161. Area B will be evaluated at a Program EIR level of detail in accordance with State CEQA Guidelines Section 15168. The project level analysis related to Area A development and the program level analysis related to Area B development shall be included within a single Project /Program EIR document. Proposal to Prepare EIR for Honeywell Project page 11 -1 Can, of El Segundo Amended Scope of Work 1 J Christopher A Joseph & Associates EXHIBIT C November 7, 1003 To provide a comprehensive solution to the complex needs of this undertaking, CAJA has assembled a team of top professionals to separately address the environmental aspects of this project. The CAJA team would propose to coordinate, in conjunction with City staff, with the project applicant and his planning consultant, with whom CAJA has worked closely in the recent past, to refine and finalize the project description in a form that affords the developer with the appropriate level of flexibility in responding to changes in conditions which may affect development of the project site in the future. Preparation of the EIR would be undertaken per the requirements of CEQA and would also be designed to provide flexibility to the City and the developer in adapting the plan to meet changing requirements. ENVIRONMENTAL ISSUES TO BE ANALYZED IN EIR Our approach is designed to provide a thorough level of analysis capable of accommodating extensive public input and withstanding the rigorous scrutiny that this project could conceivably attract. Based on a survey of the project site and review of the RFP, CAJA would propose to analyze the following environmental issues in detail in the Honeywell Project EIR: • Transportation/Traffic • Air Quality • Noise • Biological Resources • Geology and Soils • Hydrology/Water Quality • Land Use and Planning • Aesthetics • Public Services • Recreation • Utility and Service Systems • Hazards and Hazardous Materials Remaining issues, which do not rise to the level of significant impacts, would be addressed through completion of a comprehensive Initial Study to create a complete record of the City's environmental decision- making. To the extent the City were to modify the proposed scope of the EIR, CAJA can provide expertise to address additional technical issues which may arise. SCOPE OF WORK TO PREPARE THE EIR Because it is expected that the Honeywell Project EIR will be scrutinized by affected parties, adjacent residents and surrounding communities, it is important that the potential environmental effects of the project be fully analyzed. Although any EIR can be challenged, a comprehensive approach using appropriately conservative assumptions is likely to withstand any legal challenge that might be raised. The EIR must respond directly to issues raised by responsible agencies and community organizations. An EIR that provides thoughtful and well- documented responses to issues raised during the environmental Proposal to Prepare EIR for Honeywell Project Page II -2 j S Cii), of El Segundo Amended Scope of Work 1 Christopher A Joseph & Associates EXHIBIT C November 7, 2003 review process is the best means of allowing applicants to proceed with their projects in the most expeditious manner. In order to assure that the resulting EIR is both analytically correct and legally defensible, the CAJA Team will prepare a comprehensive and factual EIR that addresses existing conditions, project impacts, mitigation measures, cumulative impacts and alternatives to the project, along with a complete Initial Study which provides full justification for the City of El Segundo to conclude that remaining issues not specifically addressed in the EIR would not be significant. The EIR will be prepared based on the standards and requirements of CEQA, the State CEQA Guidelines, and the City of El Segundo. The EIR will be prepared to meet the exacting standards of quality employed by CAJA in the preparation of our previous EIRs throughout Southern California. The following tasks would be performed by the CAJA team to prepare an EIR for the Honeywell Project, and would commence as soon as an EIR project description has been developed and agreed to by the City and developer. Task 1: Review of Existing Information CAJA will review existing information from all previous environmental reviews and pertinent documentation and analyze to determine issues, findings and problem resolutions that could be relevant to the EIR. A concerted effort will be made to utilize and incorporate as much existing data as possible into the EIR. Task 2: Preparation of a Draft Initial Study The Initial Study consists of a checklist which is used to identify areas where the proposed project could potentially result in environmental impacts as well as areas where the proposed project has no potential to result in impacts. CAJA will prepare a Draft Initial Study for the proposed project utilizing the City's Initial Study Checklist. The Initial Study will be comprised of a completed checklist and detailed responses to all questions, with particular emphasis given to responses where the impact is not significant and the response provided will serve as the primary record of the City's determination that the impact is not significant. The Initial Study is also a valuable tool in refining the scope of the EIR and identifying any required technical reports for the proposed project. Task 3: Notices and EIR Scoping CEQA includes prescribed noticing requirements to inform the public and other cognizant agencies that documentation is being prepared for a project. CAJA will prepare the Notice of Preparation (NOP) required by CEQA for the proposed project in the format used by City and will circulate it to all identified Proposal to Prepare EIR for Hone well Project Page II -3 City of E! Segundo Amended Scope of Work Christopher A Joseph & Associates EXHIBIT C November 7, 2003 commenting agencies and interested parties. The NOP will include a map of the project site, a brief description of the proposed project, and a preliminary list of the environmental effects to be evaluated in the EIR. A finalized scope for the Draft EIR will be defined after all comments on the NOP have been received and the scoping meetings are concluded. CAJA will work with the City to determine if the comments expand the scope of work or require additional technical sections to be included in the EIR. The Initial Study, Notice of Preparation and all correspondence received in response to the NOP will be attached as an Appendix to the Draft EIR. CAJA will also circulate all other required public notices including the Notice of Completion and Notice of Determination. Task 4: Preparation of Administrative Draft EIR An Administrative Draft EIR would be prepared for review by the City. This subsection outlines the major sections which would be included in the Administrative Draft EIR. Amended Scope The Administrative Draft EIR shall include, within each area of potential environmental impact, separate discussions of the potential environmental effects that could be associated with the development of Areas A and B. Where appropriate, separate mitigation measures shall be developed that would be separately applicable to Area A and Area B development projects. 4.1 SUMMARY A tabular summary will be included as the first section of the EIR. The Summary will include an Introduction, Statement of Purpose and Need, Description of the Proposed Project and Alternatives, and a tabular summary of expected environmental effects. In addition, a brief executive summary will also be prepared as a separate document, and would consist of a short description and background of the proposed project, as well as a listing of the environmental impact findings, recommended mitigation measures, and a summary evaluation of alternatives. 4.2 INTRODUCTION AND OVERVIEW OF ENVIRONMENTAL SETTING The Introduction section of the EIR will include a narrative on the background of the EIR process, statement of purpose and need, development of the proposed project and alternatives and a short summation of the environmental review and project approval process. The environmental setting will provide a physical description of the project site and the surrounding area. Existing improvements and land uses will be described. Proposal to Prepare EIR for Honeiwell Project Page II_¢ Q City of El Segundo Amended Scope of Work vv Christopher A. Joseph & Associates EXHIBIT C November 7, 2003 The environmental setting will also provide a physical description of the project site and the surrounding area. A discussion and tabular list of related projects /cumulative development will be presented, and the location of such development will be plotted on an area map. A related projects "list- based" approach [CEQA Guidelines, Section 15130(b)(1)(A)} will be used to analyze the potential cumulative impacts of the proposed project in conjunction with other projected growth in the area. 4.3 DESCRIPTION OF THE PROPOSED PROJECT The project description will provide a detailed narrative and graphical presentation of the provisions of the project, including proposed improvements and architectural plans. The project description will include a qualitative and graphical description of the project location and boundaries including regional and vicinity maps and aerial photos. For CEQA purposes, the project description will also include a statement of project objectives to be developed in conjunction with the City. 4.4 ENVIRONMENTAL SETTING, IMPACTS AND MITIGATION As an introduction to this section of the EIR, each environmental impact area determined not to have a potentially significant impact on the environment, as identified in the Initial Study described above, will be listed, with an accompanying discussion of the reasons for the determination. Each of the areas of potential impact will describe the existing conditions, environmental impact after development of the proposed project and alternatives, recommended mitigation measures, net unmitigated environmental impact after project development, and cumulative impact. Existing Conditions. Analysis of the existing environmental setting is necessary in order to compare those conditions to any changes created and produced by the proposed project, and to identify any significant environmental effects of the proposed project. For purposes of environmental analysis within the EIR, the environmental setting is defined as the physical conditions in the affected area as they exist at the time the Notice of Preparation is published (State CEQA Guidelines, Section 15126.2, revised October 26, 1998). Environmental Impacts of the Proposed Project. Each of the environmental subject areas would be evaluated to determine impact significance. Under the California Environmental Quality Act (CEQA), a significant impact is defined as a substantial, or potentially substantial, adverse change in the physical environment. The specific criteria or threshold of significance for determining the significance of a particular impact would be identified in conjunction with the City prior to the impact discussion in each issue section, and would be consistent with the new criteria set forth in the revised CEQA Guidelines. Mitigation Measures. Where applicable, mitigation measures would be presented in each respective environmental subject area in the following classification scheme: Proposal to Prepare EIR for Honeywell Project page 11 -5 City of El Segundo Amended Scope of Work 19, Christopher Joseph & Associates EXHIBIT C November 7, 1003 • Mitigation Measures required to reduce an identified significant impact to a less -than- significant level. • Specific Plan Mitigation Measures, mitigations that are recommended as policies in the Specific Plan that would reduce or avoid significant environmental impacts. • Non- Required Measures, mitigations that are recommended (but not required) to further enhance environmental conditions within the project and the surrounding locale, and which can reduce an identified non - significant impact. • Code - Required Measures required by local, regional, state and/or federal regulations and statutes which must be imposed as conditions of project approval. Such code - required measures would be listed even though they are not necessarily required to reduce identified impacts. Level of Impact After Miti ag tion. A clear, concise statement of the level of impact after the inclusion of mitigation measures will be presented. Net impacts will be defined as either "significant," or "less than significant." Cumulative Impact. The project's cumulative impacts in conjunction with identified related development/cumulative growth within and possibly outside the City of El Segundo. Related projects outside the City that might be included are the Playa Vista Development and the LAX Master Plan, as well as anticipated future development projects in the Cities of Hawthorne and Manhattan Beach. It will be noted throughout the cumulative impact discussions that such impacts generally represent a worst -case scenario (higher than would be expected) because impact projections for related projects are for the most part calculated without subtracting (netting out) existing uses on related project sites. Moreover, it is assumed for analytical purposes that all related projects would be approved and developed within the time frame of the proposed project. In addition, each related project would likely be subject to unspecified mitigation measures, which would also reduce cumulative impacts. 4.5 . ALTERNATIVES TO THE PROPOSED PROJECT CAJA will prepare an analysis of alternatives to the proposed project. This proposal assumes up to five alternatives to be analyzed in the EIR (includes No Project Alternative). Such alternatives may include: • No Project (Existing Conditions) • Reduced Project • Alternate Uses (e.g., industrial) • Alternative Site Plan Configurations (i.e., roadway, railroad realignment, retention basin location) The requirements for these analyses are based on the "rule of reason" as dictated by the California Environmental Quality Act and reflect the needs of each particular project. Specific alternative schemes Proposal to Prepare EIR for Honeywell Project Page II_6 (� City of El Segundo Amended Scope of Work G Christopher A Joseph & Associates EXHIBIT C November 7, 2003 will be determined upon consultation with City staff. It is noted that several recent court cases have been decided in California that can affect the scope of project alternatives in EIRs. The resulting court decisions have made the alternatives analyses in EIRs more vulnerable to legal challenges which, in turn, has changed the standards of adequacy for such analysis. The reasoning behind the rejection of alternatives is typically based on the inability of the alternatives to meet the project objectives. 4.6 OTHER EIR SECTIONS The EIR will also include the following required sections: • Summary of Unavoidable Significant Adverse Impacts • Growth Inducing Impacts • Organizations and Persons Consulted • Report Preparation Personnel CAJA will submit five copies of the Administrative Draft EIR to the City for review. Task 5: Revision of the Administrative Draft EIR Typical agency review involves a maximum of two drafts of the Administrative Draft EIR. The first Administrative Draft EIR would receive the most extensive comments, with the subsequent draft requiring fewer comments. The review and correction cycle continues until the City has approved the Administrative Draft EIR for publication as a Draft EIR for public circulation. Task 6: Production and Circulation of the Draft EIR When the City has approved the Administrative Draft EIR for release as a Draft EIR, CAJA will print 75 copies of the Draft EIR and its Technical Appendices. CAJA will also provide the City with a camera ready original, a PDF version for web - posting and a Microsoft Word version of the document on CD. CAJA will also be responsible for the circulation of the Draft EIR to the State Clearinghouse, identified commenting agencies and interested parties. In addition, CAJA will prepare and circulate the Notice of Completion for the Draft EIR. Task 7: Preparation of the Final EIR The Draft EIR will be circulated to the public for a minimum of 45 days. Following the closure of the public continent period, CAJA will prepare and submit five copies of the Administrative Final EIR to the City. The Final EIR will consist of a summary, corrections, additions, and responses to comments to the Proposal to Prepare EIR for Honeywell Project Page 77 -7 City of El Segundo Amended Scope of Work 21. 1. Christopher A Joseph & Associates EXHIBIT C November 7, 2003 EIR. Each comment received on the Draft EIR will be responded to in the Final EIR. The extent of work necessary to complete the Final EIR is contingent upon the amount and nature of comments that are received after the Draft EIR is circulated. For the purposes of this proposal, based upon previous experience with EIRs for projects of this type in the City, it is assumed that a workload of approximately 200 hours would be required to complete the Final EIR. This would accommodate a moderate to heavy response to the Draft EIR. Should responses to comments exceed the anticipated workload, additional hours would be billed on a time and materials basis, with prior approval of the City. CAJA will begin preparation of the Final EIR immediately after circulation of the Draft EIR commences. During the time the Draft EIR is being circulated for public comment, the summary and corrections and additions sections of the Final EIR will be prepared. Written comments on the Draft EIR will be responded to as soon as they are forwarded to CAJA by the lead agencies. It is anticipated that some comments will be received before the end of the public circulation period and that responses to these comments could be prepared immediately upon receipt. CAJA will make changes to the Administrative Final EIR following its review by the City. When the City has approved the Administrative Final EIR for release as the Final EIR, CAJA will print 50 copies of the Final EIR and circulate them to all appropriate agencies and individuals. In addition, CAJA will provide a camera ready original, PDF version for web posting and Word CD to the City. CAJA will also prepare and file the Notice of Determination when the EIR has been certified by the City Council. Task 8: Project Coordination /Public Participation Successful preparation of the EIR will require effective communication between the City and the EIR consultant. CAJA's experience in managing other projects of similar scale and complexity has shown that regular working meetings provide this type of communication. Attendance at various public hearings will also be required as a part of the EIR process. CAJA has budgeted for a total of 35 meetings or hearings for all purposes over the course of the EIR process. Attendance at additional meetings or hearings would be billed on a time and materials basis. Time has also been included for meeting attendance for the traffic and biological resources consultants. Task 9: Mitigation Monitoring Program After the Final EIR has been completed, a Mitigation Monitoring and Reporting Program will be prepared for adoption by the City Council as part of the certification process. This CEQA- required plan must be organized around City policies and procedures. The mitigation monitoring and reporting program will list (1) project mitigation measures, (2) correlate the mitigation measures to the various governmental actions that the implementation of the project will require and (3) identify the City and/or other governmental offices or departments that should monitor the execution of the mitigations. The Mitigation Monitoring and Reporting Program will also establish specific reporting requirements, enforcement procedures and Proposal to Prepare EIR for Honeywell Project Page 11 -8 Cin, of El Segundo Amended Scope of Work 2 j Christopher A Joseph & Associates EXHIBIT C November 7, 1003 penalties, reporting forms, and periodic monitoring schedules, consistent with the established procedures of the City. A Draft Mitigation Monitoring and Reporting Program will be prepared for review by City staff, and a final Mitigation Monitoring and Reporting Program will be prepared that incorporates City changes. This document will be available in a timely fashion for inclusion in the staff report prepared for the Planning Commission and City Council as part of the project approval and EIR certification process in the City. Task 10: Statement of Facts and Findings Prior to consideration of the proposed project and certification of the Final EIR, CAJA will prepare the Statement of Facts and Findings for any significant environmental effects identified in the EIR. The Findings will individually identify the significant environmental effects of the proposed project and provide a reasoned discussion of the appropriate findings of the Lead Agency. Task 11: Statement of Overriding Considerations Prior to consideration of the proposed project and certification of the Final EIR, CAJA will prepare the Statement of Overriding Considerations (if required). The Statement of Overriding Considerations would describe why the benefits of the project outweigh its significant unavoidable effects, if such effects are identified by the EIR. ENVIRONMENTAL ISSUES TO BE ANALYZED IN THE EIR Based on a survey of the project site, and review of the RFP, CAJA would propose to analyze the following environmental issues in detail in the Honeywell Project EIR: • Land Use and Planning • Transportation/Traffic • Air Quality • Noise • Biological Resources • Geology and Soils • Hydrology /Water Quality • Aesthetics • Public Services Proposal to Prepare EIR for Honeywell Project Page H -9 City of El Segundo Amended Scope of Work 23 Christopher A Joseph & Associates EXHIBIT C November 7, 2003 • Recreation • Utility and Service Systems • Hazards and Hazardous Materials The following pages provide a summary of the content and technical approach for each environmental impact category which would be analyzed in the Honeywell Project EIR: Land Use and Planning CAJA will evaluate the proposed Specific Plan for compliance and consistency with established plans, policies and regulations, including the City of El Segundo General Plan and Zoning Ordinance. This section will be supplemented with graphic displays of existing and proposed land use and zoning in the project locale as well as tabular comparisons of the project's compliance. The Specific Plan will also be evaluated for compatibility with the existing and future land use patterns in the project locale. The project's functional and physical compatibility with surrounding uses will also be analyzed, taking particular note of the residential uses located in the City of Manhattan Beach to the south. Amended Scope Separate discussions will be prepared ,for Area A and Area B development with respect to land use regulation consistency and compatibility with surrounding land uses. Transportation/Traffic Crain & Associates will prepare a project traffic study addressing project traffic impacts at up to 20 study intersections. The project traffic study will include the following tasks: Scoping Meeting with City of El Segundo Staff -- Meet with the City's traffic engineering representatives to scope and develop the project traffic study parameters. This will be accomplished within approximately the first two weeks of the official authorization to proceed. We will also briefly consult with other jurisdictions and agencies such as Federal agencies, if needed. Project Traffic Study -- Prepare a project traffic study based on the Scoping requirements. This study will include but not be limited to the following: • Environmental /transportation setting, including field survey observations; • Description of study area street system and available public transit serving the area; • Existing weekday AM and PM peak -hour traffic count information (up to 20 study intersections included). Count data from the Circulation Element Update Proposal to Prepare EIR for Honevwell Project Page II -10 24 City of El Segundo Amended Scope of Work Christopher A Joseph & Associates EXHIBIT C November 7. 2003 will be used wherever possible. New traffic count data at up to eight intersection locations is included in the cost estimate; • Calculate existing levels of traffic service at study intersections; • Forecast of future year traffic conditions in the study area; • Traffic generation using appropriate trip generation rates, trip distribution and trip assignment for project traffic; • Capacity and level of service calculations at up to 20 study intersections to determine incremental impacts of the proposed project. Future conditions with the project will include pedestrian and bicycle linkages and the extension of Park Place from its current westerly termination at Nash Street to Sepulveda Boulevard; • Determination of potential traffic impacts of the proposed project; • Research of related projects in study area, and analysis of cumulative traffic peak hour impacts for the future study year; • Research and develop applicable Los Angeles County Congestion Management Program (CMP) traffic analysis; • Discussion of project access, circulation and parking issues • Recommendations and conclusions, including any necessary traffic mitigation and; • Determination of the effectiveness of potential traffic mitigation measures. If significant impacted intersections occur at the "edge" of the study area, additional study intersections may be requested by the reviewing agencies. If additional study intersections are required by the agencies, we will submit the appropriate supplemental proposal to the City. EIR Preparation Assistance -- We will perform the following tasks to assist with preparation of the EIR: • Transmit the traffic study in machine form for use in preparation of the transportation section by others; • Review the transportation section for technical accuracy; • Provide peak hour and daily volumes at up to 8 segments to be used in other sections; and • Prepare draft responses to comments for up to 30 transportation comments not requiring additional analysis. Proposal to Prepare EIR for Hone.vwell Project Page II -I1 City of El Segundo Amended Scope of Work Christopher A Joseph & Associates EXHIBIT C November 7, 2003 Amended Scope Due to the larger size of the project to be described in the program EIR, Crain & Associates would prepare a traffic study including analysis of up to 9 additional study intersections (for a total of 24 intersections). The traffic analysis will included all of the components described above, but will consist of a two phase analysis. The development program for the Area B development will include the extension of Park Place as a project design feature. In addition, Saturday mid -day analysis will be conducted for both Area A and Area B development at key intersections (up to 4) to evaluated potential effects of the project on traffic during the peak weekend time periods. The traffic study will include Existing Conditions, Future 2007 Conditions without and with Area A development, and Future 2012 Conditions without and with Area A and B development. Potential mitigation measures will be developed separately for impacts associated with Area A and Area B development. A feasibility analysis of proposed traffic improvements will be included as applicable. Traffic signal warrants analyses will be prepared at the following locations in order to determine potential signal installations: Sepulveda /Project Entrance; Hughes Way /Allied Way; Park Place /Nash Street; Park Place /Douglas Street. If additional tasks are requested, such as preparing conceptual designs of mitigation measures, revisions due to change in the scope of the project, or extensive negotiations with the adjacent jurisdictions and/or regional/Federal agencies, we would be pleased to provide those services. Separate estimates of costs for each of those tasks or other tasks that the City may request can be provided. Air Quality The following scope of work would be undertaken by CAM to complete the air quality analysis: Characterize Existing Conditions. This task will involve compiling historical data from the nearest air pollutant monitoring station. The number of exceedances of State and Federal Ambient Air Quality standards will be documented. Existing ambient background carbon monoxide concentrations using either the CAL3QHC or CALINE 4 dispersion models. Sensitive locations will be identified for purposes of establishing existing CO "hot spot" conditions in the local project vicinity. CO concentration measured in parts per million will be calculated for the one -hour and eight -hour periods and compared with State standards. To provide a regional context, the most recent attainment and non - attainment status designations from the California Air Resources Board (CARB) will be discussed. Assess Construction Impacts. Based on construction phasing scenario provided by the project applicant, short -term air quality effects associated with construction of the proposed project will be estimated. The analysis will seek to define the worst -case phase and will consider construction activities associated with site grading and excavation, foundations, building erection and finishing. Proposal to Prepare EIR for Honevwell Project Page 1I - -12 Ctty of El Segundo Amended Scope of Work Christopher A Joseph & Associates EXHIBIT C November 7, 2003 Using the SCAQMD guidelines as well as the U.S. Environmental Protection Agency's (EPA) AP42 emissions factor document, all applicable sources of air emissions for each phase of the construction process will be combined into a total area source emission rate. Emissions from the construction site will be quantified on a daily and quarterly basis in pounds per day and tons per quarter, respectively. These emissions will be compared with daily and quarterly emissions thresholds established by the SCAQMD to determine the potential for significant impacts. Prepare Operations Phase Impact Analysis. The operational air quality assessment will be prepared to satisfy the requirements of the SCAQMD. Specific analysis will include: Daily Emissions. Mobile emission rates will utilize the most recent EMFAC 2002 series factors required by SCAQMD. Mobile emissions rates will be applied to vehicle miles of travel statistics available from the traffic study. Carbon Monoxide Hot Spots. The roadside carbon monoxide analysis will be conducted in accordance with the procedures established by US EPA and SCAQMD in the carbon monoxide modeling protocol document. Specific attention will be given to two classes of roadway intersections. First, analytical priority will be given to intersections that would be expected to operate at LOS E or F. Second, intersections that would be adjacent to sensitive land uses. The CAL3QHC or CALINE 4 microcomputer carbon monoxide dispersion model will be used at intersections that may be substantially affected by the project. Identify Mitigation Measures. Mitigation measures will be identified that would either eliminate or substantially reduce any identified air quality impacts. Mitigation measures will be selected to ensure that performance standards are met and that the measures are feasible and enforceable. Measures will address both short-term and long -term aspects of the project. Amended Scope Separate calculations will be performed for Area A and Area B development with respect to construction: emissions, regional operational emissions and CO concentrations. Noise The following scope of work would be undertaken by CAJA to complete the noise analysis: A noise level profile will be created for the project area. The specific focus of the noise profile will be to characterize daytime, evening, and nighttime noise levels. Existing levels will be compared with ANSI and State Office of Noise Control land use compatibility standards. To supplement existing noise data sources, CAJA will conduct field measurements using a Type II sound level meter capable of out - putting a printed record and time histograms. Measurements will Proposal to Prepare EIR for Honeywell Project page H -1.3 Citt, of El Segundo Amended Scope of Work 2 7 Christopher A Joseph & Associates EXHIBIT C November 7, 2003 be conducted during the peak travel hour and off peak periods to assist in characterization of noise level variations in the project vicinity throughout the day. Assess Construction Impacts. Based on construction phasing scenario provided by the project applicant, the short -term noise effects associated with construction of the proposed project will be estimated. The analysis will seek to define the worst -case phase and will consider construction activities associated with demolition, site grading and excavation, foundations, building erection and finishing. Using the City noise ordinance as a reference, noise levels from the various phases of construction will be assessed to determine whether the change in sound level at the nearest adjacent sensitive receptor locations exceeds threshold criteria. Construction equipment noise will be estimated using U.S. EPA source documents as well as actual field measurements of special pieces of equipment or activities as necessary. The specific emphasis of the construction noise impact assessment will be to determine whether the incremental change in noise due to construction would be considered significant. As a benchmark to establish a baseline condition to which noise from construction activity will be added, noise measurements will be taken in the area surrounding the construction site. At a minimum, noise measurement periods will include early morning hours, mid- morning, afternoon, and early evening time periods. A Type 11 integrating sound level meter will be used for this purpose. Printed output from the sound meter will be used to document findings. Impacts on adjacent residential uses will be assessed. Operational Noise Sources. To address the impact of traffic noise after the project is occupied, the Caltrans Sound 32 microcomputer model will be used in conjunction with traffic volume estimates from the traffic study to simulate the added noise from local roadways. Ambient/existing noise conditions will be established through a representative sound - monitoring program in the project vicinity. In addition, impacts from potential operational stationary noise sources (i.e., ventilation equipment, loading docks, etc.) on nearby sensitive receptors will be evaluated. Identify Mitigation Measures. Mitigation measures will be identified that would either eliminate or substantially reduce any identified noise impacts. Mitigation measures will be selected to ensure that performance standards are met and that the measures are feasible and enforceable. Measures will address both short-term and long -term aspects of the project. Amended Scope Separate calculations will be performed for Area A and Area B development with respect to construction: and operational noise effects. Biological Resources TERACOR Resource Management will undertake the following scope of work: Proposal to Prepare EIR for Honeywell Project Page 11 -14 28 Crty of El Segundo Amended Scope of Work Christopher A Joseph & Associates EXHIBIT C Assemble Baseline Information November 7, 2003 In accordance with our understanding of pending development options and site conditions associated with the 86 acre parcel assemblage, TERACOR will assemble an overview of the biological resources present immediately adjacent to and on the project site. We will inventory floral and faunal species, both observed as well as those determined likely to be present. We will review recent aerial and available historic aerial photography of the property to assess existing conditions and historic alterations. Field personnel will photo - document ground conditions as we encounter them. Based on this information, we will construct a biological resource profile of the property, including overall resource value, suitability to support rare species based on habitat conditions, extent of weed invasion, presence of native plant communities, non - native or ornamental vegetation, prior disturbance and other conditions which would define the biological condition of the site. TERACOR will carefully reference the California Natural Diversity Database (CNDDB) and the CNPS Inventory of Rare and Endangered Vascular Plants of California to determine the range of sensitive species known to occur in the general area. An initial query of the CNDDB indicates that 39 sensitive organisms are recorded on the USGS Venice Topographic Quadrangle; which suggests some possibility of occurrence in remnant open habitats such as that present on the Honeywell parcel assemblage. We will also review background reports for other similar properties which are available for review at the City of El Segundo which document the flora and fauna known to be present in the area. Prepare a Biological Assessment TERACOR will prepare a biological assessment of development site and any affected areas as outlined by the City of EI Segundo. The assessment will include the underlying and adjacent vegetation communities, and any sensitive elements found or believed potentially present. No focused surveys for specific flora or fauna will be conducted under the terms of this proposal. If mammal trapping or focused surveys for wetlands, "waters of the U.S." or endangered or rare organisms are required, those will be identified at critical junctures (for example, first site inspection, Spring survey window, initiation of Fall/Winter rains, etc.) and in very close consultation with CAM and the City of E1 Segundo. It is not possible to predict whether other work would be required at this time without investigating the property. We inspected visually- accessible portions of the property in question on 02 August 2003 from the fenceline along the Southern Pacific railroad property. Disturbed, remnant and emergent floral resources were examined with the aid of binoculars. Close inspection of the property was not possible, and close inspection will be necessary to determine if there is a need for any focused survey work. The general biological assessment will largely be predictive in scope and investigative methodology. Determinations of species presence will be predicated on overall habitat suitability, degree of disturbance, adjacency to larger habitat blocks, and similar criteria. Proposal to Prepare EIR for Honeliwell Project Page II -1 S i C147 of El Segundo Amended Scope of Work Christopher A Joseph & Associates EXHIBIT C November 7, 2003 Vegetation mapping will be prepared on topographic information provided by the project proponent, or on aerial photography, whichever is better suited to the effort. Mapping and photographs of the site's biological resources, as well as interpretive information, will be contained within the body of the assessment. Prepare a Mitigation Measures Section for the EIR We anticipate there may be a need to provide Mitigation Measures to off -set impacts which may occur as a result of the proposed project. Because we have not established an environmental baseline for this development area, it may or may not be necessary to preserve portions of the site and enhance the property through restorative techniques, or perform other off -site mitigation to off- set the impacts associated with the construction of the project. We will develop these measures in close consultation with CAJA and the City of El Segundo. Coordination, Consultations and Support TERACOR will provide the necessary level of support to you and the City of El Segundo during the review process. It is difficult to predict the amount of time necessary in this regard, however, and so we will propose a modest budget to accommodate coordination and other meetings. Meetings or time not anticipated in this proposal will be billed in accordance with the current TERACOR 2003 Fee Schedule, with your authorization only. Amended Scope Separate discussions will be prepared for Area A and Area B development with respect to potential Impacts on biological resources identified in the surveys described above. Geology and Soils CAJA will prepare the evaluation of soils and geology for the EIR, based upon information provided by the project applicant. The project site has been the subject of survey level geotechnical analysis that should be sufficient to meet the requirements of CEQA. The evaluation of soils and geology issues in the EIR will reflect a review of their previous geotechnical reports for investigations for the project site and immediately adjacent sites and available published and unpublished literature, including the State of California Seismic Hazard Zone Maps and Earthquake Fault Zone Maps, the County of Los Angeles Seismic Safety Element, and the City of El Segundo Seismic Safety Element. Historical seismicity information will also be incorporated into this section. In the event that review of existing geotechnical studies of the project site and surrounding areas does not yield sufficient information to provide an adequate discussion of this issue under CEQA, the CAJA team includes the expertise of MACTEC, Inc. (formerly Law Crandall) to fill in any additional information required. This optional task would be undertaken only in the event that information provided by the Proposal to Prepare EIR for Honeywell Project -1 Page II -16 ' Crr1 of El Se �ndo Amended Scope of Work `} U Christopher A Joseph & Associates EXHIBIT C November 7, 2003 project applicant is assessed by the consultant team and City staff as requiring supplemental information and analysis. Amended Scope Separate discussions will be prepared for Area A and Area B development with respect geology and soils. Hydrology/Water Quality CAJA will prepare the hydrology /water quality section of the EIR based upon information provided by the project applicant. Because of the existing drainage conditions on the project site, which have necessitated the existing retention basins, the site has been the subject of previous data collection and analysis related to storm water drainage. CAJA would propose to work closely with the applicant's engineer (Psomas) to obtain information and already - prepared drainage plans for the proposed project and include this information in the EIR section. The hydrology analysis will identify the on -site and off -site watersheds, and calculate the on -site existing and proposed runoff volumes and flow rates at project build -out. Water quality impacts will also be evaluated by reviewing water quality objectives, beneficial uses, and current storm water quality regulations (e.g., Standard Urban Storm Water Mitigation Plans). On this basis, recommendations will be provided for the project development water quality needs. Potential right -of -way impacts will also be identified. Amended Scope Separate discussions will be prepared for Area A and Area B development with respect to hydrology and water quality Aesthetics CAJA will evaluate the aesthetic impacts from the proposed Specific Plan. The existing visual environment will be described from several different vantage points and perspectives (foreground, middleground and background). The vantage points will be determined in consultation with the City. The project's impact on the visual environment from the identified vantage points will be evaluated. Both panoramic and aesthetic qualities will be addressed, including architectural and landscaping enhancements seen from within the site. Appropriate photographs and other illustrations will be included. The aesthetic qualities of the proposed project (including architectural enhancements, decor, color, landscaping, building height impacts, the effects of building mass, intensity, skyscape intrusions and other impacts) will be described, using architectural renderings or other project graphics and narratives provided to CAJA by the project applicant. CAJA will also review the proposed project's aesthetic character in the context of existing City of El Segundo urban design policies that regulate and/or encourage various aesthetic characteristics. Proposal to Prepare EIR for Honeywell Project Page 11 -17 Cuv of El Segundo Amended Scope of Work Christopher Joseph & Associates EXHIBIT C November 7, 1003 Amended Scope Separate discussions will be prepared for Area A and Area B development with respect to potential aesthetic and view impacts. Public Services CAM will assess the proposed project's impacts on public services. CAM will confer with appropriate City of El Segundo and County of Los Angeles personnel relative to the project's potential impact upon sheriff and fire protection services. This will involve consultation with the Los Angeles County Sheriff's Department and Fire Department. Amended Scope Separate discussions will be prepared for Area A and Area B development with respect to potential impacts on public services. Recreation Impacts on recreation services will be evaluated in the EIR in the event that public recreation facilities are incorporated into the project plan. There is a possibility that new on site storm water retention basins may be designed to accommodate public recreational activities. The effects of constructing and operating such facilities would be required to be addressed in the EIR under CEQA. Amended Scope Separate discussions will be prepared for Area A and Area B development with respect to potential impacts on public recreational facilities. Utility and Service Systems It is anticipated that most of this EIR section will be based on the information contained in the infrastructure plan and analysis prepared as part of the Specific Plan process undertaken by the project applicant. To supplement this information as necessary, CAM will confer with appropriate personnel in the City of El Segundo and other service providers to determine if the project can be satisfactorily served. Amended Scope Separate calculations and discussions will be prepared for Area A and Area B development with respect to potential impacts on utilities and service systems. Proposal to Prepare EIR for Honeywell Project Page II -18 City of El Segundo Amended Scope of Work 0— Christopher A Joseph & Associates EXHIBIT C November 7, 2003 Hazards and Hazardous Materials Much of the proposed project site has been the subject of past environmental site assessments and is currently experiencing remediation activities under the cognizance of the Regional Water Quality Control Board. Rather than duplicate this extensive body of work, CAJA would propose that the previous studies be peer- reviewed by EMG to determine that the information is adequate for inclusion in the EIR. One notable area within the project site that has not been evaluated, to our knowledge, is the General Chemical ownership adjacent to Rosecrans Avenue. This proposal includes a Phase I Environmental Site Assessment of this site, which EMG would conduct in accordance with the following scope of work: The assessment shall be conducted, at a minimum, in accordance with the American Society for Testing and Materials (ASTM) Standard E 1527 -00 protocol, and shall also comply with such additional requirements as are specified under the ASTM scope of work. The Services to be performed in all cases shall include the following: • A review of reasonably ascertainable historic resources to determine prior uses of the Project and surrounding area. EMG shall determine the appropriate level of research to identify the history of the Project and will include the review of one or more standard historical sources as listed in ASTM Standard E 1527 -00 which include: recorded land title records, aerial photographs, fire insurance maps, city directories, building department and fire marshal records, and property tax files. • A visual assessment of representative accessible areas of the Project to identify operational activities, hazardous materials /petroleum product use and storage, waste generation, treatment, storage, and disposal activities, aboveground and underground storage tanks, and potential polychlorinated biphenyl (PCB) containing equipment. • A review of the physical characteristics of the Project as identified through review of reasonably ascertainable topographic, wetlands, flood plain, soils, geology, and ground water data. • A review of regulatory databases within the radius specified by the Scope of Work. At a minimum, the following regulatory databases will be reviewed: NPL, RCRA -TSD, RCRA- Corracts, SHWS, CERCLIS, NFRAP, SWF, LUST, UST, RCRIS- Generators, and ERNS. The assessment may also include limited materials sampling in order to evaluate the possible presence of asbestos - containing materials ( "ACM "), lead -based paint ( "LBP "), lead in drinking water, and radon. Proposal to Prepare EIR for Honeywell Project Page 11 -19 Can' of El Segundo Amended Scope of Work .i .) Christopher Joseph & Associates EXHIBIT C November 7, 1003 This assessment, in conjunction with the information provided by Honeywell and Air Products, is expected to be sufficient to adequately describe existing conditions for the entire project site, along with the remediation activity that is projected to occur. This information is expected to be sufficient to establish mitigation measures in the EIR that would ensure that any potentially significant impacts are mitigated to less than significant levels. Amended Scope Separate discussions will be prepared for Area A and Area B development with respect to potential impacts on related to hazardous materials. It is likely that a different approach to mitigation will be reflected the analysis of Area B development, because of the level of supporting information expected to be available with respect to certain properties located within Area B. P IPlanntng & Building SafetyIPROJECTS1626- 6501EA- 631 1Contract DocumentslCAJA contract Amendment No 1 E.rh D doc Proposal to Prepare EIR for Hone well Project Page II - -10 3 City of El Segundo Amended Scope of Work 35 N •p N 0 N Cl N •pp N N N N N N p p � N vl N to 3 N N V1 N > y O> z > z z Ca Q q w z z A to A A W Ln Ln O ° a U U o Ow0 O a c.0. ° o no > 5 f� w i � _ b L�ia A U :6 N Q N N p T N p te�a,, p W 49 K{ O o > o oM o ° U 3 co b b> v y O o O a Z o o o a Q a c N N C 9 v Q> °q Q ¢ `� a o: Q rx ¢ ¢ U U a s U au u U U w` U U- U U U 0 35 ƒ & 0 0 \ \ 3 \ \ \ w S \ c / / k \ I / a \ k & O / 0 4 \ % \ S ƒ \ } / 2 ( % \ { d / / / ± \ \ § k \ \ \ 3 e § \ [ ( \ \ \ } C14 \Q Q Q a � n d \ k § uu 2 _ f 2 E � & > 3 G \ 2 / \ k & k \ IS 0 § q \ _ } 2 G � \ / / k A / 3 G § § / ) — / u - u u u= u S u u » 7 > 3 7 � i� ƒ & 0 0 \ \ 3 \ \ \ w S \ c / / k \ I / a \ k & O / 0 4 \ % \ S ƒ \ } / 2 ( % \ { d / / / ± \ \ § k \ \ \ 3 e § \ [ ( \ \ \ } C14 \Q Christopher A Joseph & Associates EXHIBIT E Honeywell Project Cost to Prepare Program/Project EIR (accelerated time frame) November 7, 2003 SCOPE OF WORK COST Tasks 1,2,3 - Preparation of Initial Study/Notice of Preparation Christopher A Joseph & Associates Craig Fajnor 10 hours @$140 $1,400 Paulette Franco 12 hours @$100 $1,200 Subtotal Initial Study/Nodce of Preparation $2,600 Task 4 - Preparation of Administrative Draft EIR Christopher A. Joseph & Associates Craig Fajnor 40 hours @$140 $5,600 Jocelyn Swain 40 hours @$100 $4,000 Paulette Franco 80 hours @$100 $8,000 David Alpem (noise /air quality) 80 hours @$100 $8,000 Leah Dierkes 60 hours @$70 $4,200 Lainie Herrera 60 hours @$70 $4,200 Word Processing 40 hours @$45 $1,800 Crain & Associates (traffic) $27,700 TERACOR Resource Management (biological resources) $10,760 EMG (hazardous materials) I&M Subtotal Administrative Draft EIR $82,760 MACTEC (geotechnical peer review, optional task) $7,500 Subtotal with optional geotechnical peer review $90,260 Additional Cost for Program/Project EIR Craig Fajnor 20 hours @$140 $2,800 Senior Planner 60 hours @$100 $6,000 Noise /Air Quality 40 hours @$100 $4,000 Planner 60 hours @$70 $4,200 Word Processing 20 hours @$45 $900 Crain & Associates $13,000 Subtotal Administrative Draft Program/Project EIR $113,660 Subtotal Administrative Draft ProgramlProject EIR with optional geotechnical peer review $121,160 Additional cost for Accelerated Time Frame Craig Fajnor 40 hours @$140 $5,600 Jocelyn Swain (air quality/noise assistance) 20 hours @$100 $2,000 Planner 80 hours @$100 $8,000 Crain & Associates $3,000 TERACOR $1,500 Subtotal Administrative Draft Program/Project EIR, Accelerated Time Frame $133,760 Subtotal Administrative Draft ProgranvProject EIR with optional geotechnical peer review, $141,260 Accelerated Time Frame Task 5,6 — Revisions, Draft EIR Christopher A. Joseph & Associates Craig Fajnor 60 hours @$140 $8,400 Proposal to Prepare EIR for Honeywell Project Page V -1 Cr �, �, tt of El Segundo Amended Cost Proposal J Christopher A Joseph & Associates EXHIBIT E November 7, 1003 Paulette Franco 80 hours @$100 $8,000 Leah Dierkes 40 hours @$70 $2,800 Lainie Herrera 20 hours @$70 $1,400 Word Processing 40 hours @$45 R" Subtotal Draft EIR $22,400 Additional Cost for Program/Project EIR Craig Fajnor 20 hours @$140 $2,800 Senior Planner 20 hours @$100 $2,000 Subtotal Draft Program/Project EIR $27,200 Additional Cost for Accelerated Time Frame Craig Fajnor 40 hours @$140 $5,600 Planner 40 hours @$100 $4,000 Subtotal Draft Program/Project EIR, Accelerated Time Frame $36,800 Task 7 — Final EIR Christopher A. Joseph & Associates Craig Fajnor 40 hours @$140 $5,600 Paulette Franco 60 hours @$100 $6,000 Jocelyn Swain 20 hours @$100 $2,000 Leah Dierkes 40 hours @$70 $2,800 Lainie Herrera 20 hours @$70 $2,800 Word Processing 20 hours @$45 $900 Crain & Associates (traffic) $4,500 TERACOR Resource Management (biological resources) Km Subtotal Final EIR $26,600 Additional Cost for Program/Project EIR Craig Fajnor 20 hours @$140 $2,800 Senior Planner 20 hours (x7$100 $2,000 Subtotal Final Program/Project EIR $31,400 Additional Cost for Accelerated Time Frame Craig Fajnor 40 hours @$140 $5,600 Planner 60 hours @$100 $6,000 Word Processing 20 hours @$45 $900 Crain & Associates $1,200 TERACOR $800 Subtotal Final Program/Project EIR, Accelerated Time Frame $45,900 Task 8 — Meetings, Hearings Christopher A. Joseph & Associates Craig Fajnor 90 hours @$140 $12,600 Crain & Associates $5,000 TERACOR Resource Management suffl Subtotal Meetings/Hearings $18,700 Task 9 — Mitigation Monitoring Program Christopher A Joseph & Associates Paulette Franco 10 hours @$100 $1,000 Leah Dierkes 16 hours @$70 $1,120 Proposal to Prepare EIR for Honeywell Project City of El Segundo Page V -2 Amended Cost Proposal 33 Christopher A. Joseph & Associates EXMBIT E November 7, 2003 Subtotal Mitigation Monitoring Program $2,120 Task 10,11 — Findings, Statement of Overriding Considerations Christopher A. Joseph & Associates Craig Fajnor 10 hours @$140 $1,400 Paulette Franco 20 hours @$100 $2,000 Subtotal Findings, Statement of Overriding Considerations $3,400 DIRECT COSTS (Estimated/Will be Billed at 100% of Actual Cost) Printing/Graphics/Postage, etc. $18,000 TOTAL PROJECT EIR Without optional geotechnical peer review $176,580 With optional geotechnical peer review $184,080 PROGRAM/PROJECT EIR Without optional geotechnical peer review $217,080 With optional geotechnical peer review $224,580 PROGRAMIPROJECT EIR WITH ACCELERATED TIME FRAME Without optional geotechnical peer review $261,280 With optional geotechnical peer review $268,780 P \Planning & Building Safety\PROJECTS\626-650\EA-63 I Tontract Documents \CAJA contract Amendment No 1 Exh E doc Proposal to Prepare EIR for Honeywell Project City of El Segundo Page Amended Cost Proposal `�] C EL SEGUNDO CITY COUNCIL MEETING DATE: December 2, 2003 AGENDA ITEM STATEMENT AGENDA HEADING: Reports of Committees, Boards and Commissions AGENDA DESCRIPTION: Consideration and possible action regarding naming the Imperial Vista outlook project, Imperial Vista Park "Clutter's Bluff" RECOMMENDED COUNCIL ACTION: 1. Approve Recreation and Parks Commissions recommendation to name the new Imperial Vista outlook project, Imperial Vista Park, "Clutter's Bluff', 2. Commission recommends that the signage should include a brief description of who former Council Member Jim Clutter was in relation to the airport. 3. Alternatively, discuss and take other action regardinq this item. BACKGROUND & DISCUSSION: Council Member John Gaines asked the Recreation and Parks Commission to consider naming the Imperial Vista outlook project in honor of former Council Member Jim Clutter. At the November 18, 2003 Recreation and Parks Commission meeting the Commissioners discussed City Council Resolution No. 4247, a resolution of the El Segundo City Council adopting polices and procedures for naming and dedication of city facilities, and the request by Council Member Gaines. The Recreation and Parks Commission wanted to follow the adopted guidelines of the policy that state "Such names generally reflect the facility's geographic location (such as a major street, location, neighborhood) or the City's name if the facility serves the entire population." The Commission also wanted to recognize Jim Clutter for his involvement with the airport. Their solution was to officially name the park, Imperial Vista Park, with Clutters Bluff in quotation marks on the second line. Commission also felt some verbiage about Jim Clutter should either appear on the sign or on an additional plaque that would be place next to the park sign. Mrs. Clutter spoke at the Commission meeting about how proud her husband would be to have this recognition. ATTACHED SUPPORTING DOCUMENTS: 1. Sketch of Droposed sion FISCAL IMPACT: Operating Budget: Amount Requested: Account Number: Project Phase: Appropriation Required: _Yes _ No ORIGINATED: ` DATE: - I - ;x 1P _7 Stacia Mancini, Director of Recreation and Parks REVIEWED BY: _ DATE: Mary Strenn, CR4V er i� /a ro7 2 ,l 0-� _L sm Iff v lot ❑ z LL z m (5CO LU cU W° o� U� a K W V) W n 0 0 N N O ui W m W U W D IL O a O a. a nd W O W F- ❑ N M M N m M (D v 0) 0 M 0 .0 m OIpp�ppOm NIO UY ppONNC)p NrOm M ' , <(h0 o NO�1 i Nt'n (V tO��M i M O NCO mil V M V Or Mc W r�O to a6v �n I�CD In ao �tDM c co c4 �`m rn w z wi O w z O r O LL z LL f- w w ~ m z o D z Z O O 3ZZ'zP M w 'Swoop ZoQ- ZYaawSzr C)izg�ZQ w N N- >z Cwa-Z zOOU W �000rn�r=m �fww z �7ow O�LL OF to co Qy QO jZIOi.�a aZKKU W co N >z (7 z{LLwy, �w ioF " of m� y�00aww> 3 LL q w W w z Z U F w 0 ] z Z co W J m J y vU �g 0OQ U�OOr- LLi � W JO W KpRaw �- - � N N U w °° 0 0 w LL`� F W f a a p w w 0 a w r d w LL a .�¢1 s w w N ~ wa�aS vmiO�z�Orpr - O 6d LL Ua0Dw C, (9t- vi¢¢() a,r- f.wUZ— i3c7�3� O m C m 0 m Z Cl) CL �m N E Q 0 m c m m N N r v m m 0 m w `o g Z(7 'E W m� `o WOO oy O S U LL LL UO 0 O� W Z F o U) OU O W J � > O O F O N W F W z �a d W� O O U OF a O F- F W W W O D D Y Y Y W W W S = S U U U O O D O O O C E N ro m E E m CL U m m _ v m a E m c c — O N "I 10 d� �U � o m a m a m = C v N EU o Z U a U W O ° `o U Ix w d L U d m i. 0 n E m 0 CL �y r <J ' b W F O 2 fli 10 w � m 2i m m w o umi m m E U CL a `$ m j j U m o �o rte— ra am3�°y n' m m m 79 o m c v m m a E m c o n C C 0 L U A ° N � m �3Nn� 'a ai.I°n0 m o c WO M m m ? 0 E c � 0 V O O ° o 0 o O H E n 0 m W m W ` m Z5 CO E # o C ! , m C y°J 3 m ? i E c E m c p U 2 m m v 2 ¢ LL ` i (X O LL U LU W m u 2 K 0 Q ❑ 3 '� J CITY OF EL SEGUNDO PAYMENTS BY WIRE TRANSFER 11/07/2003 THROUGH 11/20/2003 Date Payee Amount Description 11/12/03 PGC El Segundo LLC 31,052.69 Golf Course Payroll Transfer 11/7/03 Federal Reserve 250.00 Employee Savings Bonds EE 11/7/03 Federal Reserve 250.00 Employee Savings Bonds I 11/10/03 Federal Reserve 500.00 Employee Savings Bonds EE 11/10/03 West Basin 793,588.97 H2O Payment 11/12/03 Health Comp 888.06 Weekly claims 11/7 10/31/03 Siemens Credit Corp 44,837.50 Carly Energy Payment 11/20/03 Health Comp 1,423.44 Weekly claims 11/14 11/20/03 Employment Development 36,765.29 State Taxes PR 11 11/20/03 IRS 175,213.45 Federal Taxes PR 11 1117- 11/20/03 Workers Comp Activity 46,817.24 SCRMA checks issued DATE OF RATIFICATION: 12/02/03 TOTAL PAYMENTS BY WIRE: Certified as to the accuracy of the wire transfers by: i, Whlhger 1,131, 586.64 Date l Date Date 1,131,586.64 Information on actual expenditures is available in the City Treasurer's Office of the City of El Segundo. 44 REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, NOVEMBER 18, 2003 — 5:00 P.M. 5:00 P.M. SESSION CALL TO ORDER — Mayor Gordon at 5:00 p.m. ROLL CALL Mayor Gordon Mayor ProTem Jacobs - Council Member Gaines - Council Member McDowell - Council Member Wernick - Present Present Present — Arrived at 5:05 p.m. Present Present CLOSED SESSION: The City Council moved into a closed session pursuant to applicable law, including the Brown Act (Government Code Section §54960, et seq.) for the purposes of conferring with the City's Real Property Negotiator; and /or conferring with the City Attorney on potential and /or existing litigation; and /or discussing matters covered under Government Code Section §54957 (Personnel); and /or conferring with the City's Labor Negotiators; as follows: CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Gov't Code §54956.9(a)) — 4 matters 1. Salisbury vs. City of El Segundo, WCAB No. MON 0275079 2. Nessel vs. City of El Segundo, WCAB No. VNO 0424127 3. Bressi v. City of El Segundo, LASC No. BC288292 4. Bressi v. City of El Segundo, LASC No. BC288293 CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code §54956.9(b): -0- 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) — 2 matters 1. Labor Negotiators: Bruce Barsook and Mary Strenn, City Manager Bargaining Units: Supervisory and Professional Employees Association 2. Labor Negotiator: Mary Strenn, City Manager Bargaining Unit: Police Management Association CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8): -0- matter SPECIAL MATTERS — RECESS — The City Council recessed at 6:55 p.m. to convene in Open Session at 7:00 p.m. MINUTES OF THE REGULAR CITY COUNCIL MEETING NOVEMBER 18, 2003 PAGE NO. 1 45 REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, NOVEMBER 18, 2003 — 7:00 P.M. 7:00 P.M. SESSION CALL TO ORDER — Mayor Gordon at 7:00 p.m. INVOCATION — Reverend Bonnie Wulff of Living in the Inner Light Foundation PLEDGE OF ALLEGIANCE — Council Member Kelly McDowell PRESENTATIONS — (a) Council Member McDowell presented a Proclamation to Chamber President Mark Day, declaring the 40th Annual El Segundo Holiday Parade on Main Street on Sunday, December 7, 2003 from 1:00 pm to 3:00 pm and announcing Barbie as the Grand Marshall of the Parade. (b) Mayor Pro Tern Jacobs presented a Commendation to Dick Wyckoff, El Segundo Police Department's RSVP of the Year, for his invaluable contributions to the Retired Senior Volunteer Program. (c) Council Member Gaines presented a Commendation to Honeywell for the opportunity given to the El Segundo Firefighters and surrounding fire agencies to use its property to perform training exercises involving simulated firefighting and urban search and rescue operations; and, commendation to Golden Hills for its assistance to the El Segundo Firefighters and surrounding fire agencies in the training exercises on the Honeywell property involving simulated firefighting and urban search and rescue operations. 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. Kitty Crowley, resident, requested clarification on agenda item 6, the Community Center Project. MINUTES OF THE REGULAR CITY COUNCIL MEETING NOVEMBER 18, 2003 PAGE NO. 2 4G Liz Garnholz, resident, requested clarification on agenda item 3, the LAIF Resolution, item 4, the Parking In -Lieu Fee Program, item 5, the Parking Permit Fee, item 6, the Community Center Project, item 7, the LPA Contract and new business item 11, rehabilitation of El Segundo Blvd. Juli Potter, resident, requested clarification on agenda item 5, the Parking Permit Fee, and item 2 Council Minutes of November 5, 2003. 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 McDowell to read all ordinances and resolutions on the Agenda by title only. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 B. SPECIAL ORDERS OF BUSINESS - NONE C. UNFINISHED BUSINESS - NONE D. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS - NONE 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. Mark Hensley, City Attorney, read the following correction into the record with regard to the City Council Meeting Minutes of November 5, 2003: Item 20, Change Order No. 1 for $218,650 to Sequel Contractor's Inc., for construction of the Downtown Specific Plan Improvements, motion passed by a 3/1/1 vote, with Council Member Wernick voting No and Mayor Pro Tern Jacobs not participating due to a potential conflict regarding her business interests on Main Street. Approved Warrant Numbers 2537080 to 2537350 on Register No. 3 in the total amount of $2,148,515.69 and Wire Transfers from 10/25/2003 through 11/06/2003 in the total amount of $366,637.66. Authorized staff to release. Ratified: Payroll and Employee Benefit checks; checks released early due to contracts or agreement; emergency disbursements and /or adjustments; and wire transfers. 2. Approved City Council Meeting Minutes of November 5, 2003. 3. Adopted Resolution No. 4345, reaffirming designated City Officials having authority to deposit and withdraw money from the Local Agency Investment Fund (LAIF). 4. PULLED BY MAYOR PRO TEM JACOBS DUE TO A POTENTIAL CONFLICT. 5. PULLED BY MAYOR PRO TEM JACOBS DUE TO A POTENTIAL CONFLICT. MINUTES OF THE REGULAR CITY COUNCIL MEETING NOVEMBER 18, 2003 PAGE NO 3 47 6. PULLED FOR DISCUSSION BY COUNCIL MEMBER WERNICK. 7. PULLED FOR DISCUSSION BY COUNCIL MEMBER WERNICK. 8. Authorized the El Segundo Fire Department to accept the donation of used exercise equipment from San Antonio College to the Fire Department. Fiscal Impact: None 9. Adopted Resolution No. 4346 accordance with ESMC Section 8 -8 -7 (D)(2) to waive fees for city services associated with the Holiday Main Street Parade. (Fiscal Impact $3,000). MOVED by Council Member Gaines, SECONDED by Council Member McDowell to approve consent items 1, 2, 3, 8 and 9. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 CALL ITEMS FROM CONSENT AGENDA Mayor Pro Tern Jacobs left the dais due to a potential conflict of interest on Item 4 and Item 5, regarding her business interests at 150 Main Street. 4. Consideration and possible action regarding an amendment to the Downtown Specific Plan to establish a Parking In -Lieu Fee Program. Jim Hansen, Director of Community, Economic and Development Services, responded to questions. Council directed staff to return at the next meeting with a revised Resolution setting the Parking In- Lieu Fees at $12,500 per space for the first six months upon passage of the Resolution, and at $17,500 per space thereafter. Mark Hensley, City Attorney, read by title only: ORDINANCE NO. 1368 AN ORDINANCE AMENDING THE DOWNTOWN SPECIFIC PLAN ADDING A PARKING IN -LIEU FEE PROGRAM (SPECIFIC PLAN AMENDMENT NO. 03 -3) MOVED by Council Member McDowell, SECONDED by Council Member Gaines to adopt Ordinance No. 1368 amending the downtown specific plan adding a parking in lieu -fee program. MOTION PASSED BY THE FOLLOWING VOTE: AYES: MAYOR GORDON, COUNCIL MEMBER GAINES AND MCDOWELL; NOES: COUNCIL MEMBER WERNICK; NOT PARTICIPATING: MAYOR PRO TEM JACOBS. 3/1/1. 5. Consideration and possible action regarding establishing a new parking permit fee to add Article E to Chapter 8 -5 of the El Segundo Municipal Code. MINUTES OF THE REGULAR CITY COUNCIL MEETING NOVEMBER 18, 2003 PAGE NO. 4 48 Mark Hensley, City Attorney, read by title only: ORDINANCE NO. 1369 AN ORDINANCE ADDING ARTICLE E TO CHAPTER 8 -5, ENTITLED "PARKING PERMITS" TO TITLE 8 OF THE EL SEGUNDO MUNICIPAL CODE TO ALLOW PREFERENTIAL PARKING IN IDENTIFIED AREAS WITHIN THE CITY'S JURISDICTION MOVED by Council Member Gaines, SECONDED by Council Member McDowell to adopt Ordinance No. 1369 amending the Downtown Specific Plan adding a Parking in Lieu -Fee Program. MOTION PASSED BY UNANIMOUS VOTE: 4/0/1. MAYOR PRO TEM JACOBS NOT PARTICIPATING DUE TO A POTENTIAL CONFLICT. 6. Consideration and possible action regarding the adoption of plans and specifications for the Community Center Project. (Estimated construction cost $6,000,000). MOVED by Council Member Gaines, SECONDED by Council Member McDowell to adopt plans and specifications for the Community Center Project. MOTION PASSED BY THE FOLLOWING VOTE: AYES: MAYOR GORDON, COUNCIL MEMBER GAINES AND MCDOWELL; NOES: COUNCIL MEMBER WERNICK. MAYOR PRO TEM JACOBS ABSENT FROM DAIS. 3/1. Mayor Pro Tern Jacobs returned to the dais. 7. Consideration and possible action regarding the extension of contract with LPA, Inc. for an additional 24 months for work related to the Community Center and approve change order of $11,500. (No additional appropriations required). MOVED by Council Member McDowell, SECONDED by Council member Gaines to approve the extension (Amendment Number One) of Contract No. 2910 with LPA, Inc. for an additional 24 months for work related to the Community Center and approve change order of $11,500. MOTION PASSED BY THE FOLLOWING VOTE: AYES: MAYOR GORDON, MAYOR PRO TEM JACOBS, COUNCIL MEMBER GAINES AND MCDOWELL; NOES: COUNCIL MEMBER WERNICK. 4/1. F. NEW BUSINESS Mayor Pro Tern Jacobs left the dais due to a potential conflict on item 10 with respect to her interest in a business located at 150 Main Street. 10. Consideration and possible action regarding an amendment to the El Segundo Municipal Code regarding newsracks. Jim Hansen, Community, Economic and Development Services, gave a report. MINUTES OF THE REGULAR CITY COUNCIL MEETING NOVEMBER 18, 2003 PAGE NO 5 43 Mark Hensley, City Attorney, read by title only: ORDINANCE NO. 1370 AN ORDINANCE AMENDING CHAPTER 9 -4 OF THE EL SEGUNDO MUNICIPAL CODE, REGULATING NEWSRACKS, IN ITS ENTIRETY Council Member Gaines introduced the ordinance. 11. Consideration and possible action to adopt plans and specifications for the rehabilitation of El Segundo Boulevard between Nash Street and Sepulveda Boulevard. (Estimated cost $95,000). Mary Strenn, City Manager, gave a report. MOVED by Council Member Gaines, SECONDED by Mayor Pro Tern Jacobs to adopt plans and specifications for the rehabilitation of EI Segundo Boulevard between Nash Street and Sepulveda Boulevard and authorized staff to advertise the project for receipt of construction bids. (Estimated cost $95,000). Authorized an allocation of $95,000 from unexpended Gas Tax funds. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0. G. REPORTS — CITY MANAGER — NONE H. REPORTS — CITY ATTORNEY — NONE REPORTS — CITY CLERK — NONE J. REPORTS — CITY TREASURER — NONE K. REPORTS — CITY COUNCIL MEMBERS Council Member McDowell — Wished everyone a happy and healthy Thanksgiving. Council Member Gaines — NONE Council Member Wernick — Announced her appointment as LAX Master Plan Committee Chairperson. Also reported on the upcoming Jet Set Go Conference and the AQMD Draft Environmental Impact Statement. Mayor Pro Tern Jacobs — NONE Mayor Gordon — Announced partnership with other communities in the BRAC process. MINUTES OF THE REGULAR CITY COUNCIL MEETING NOVEMBER 18, 2003 PAGE NO. 6 J �J PUBLIC COMMUNICATIONS — (Related to City Business Only — 5 minute limit per person, 30 minute limit total) Individuals who have receive 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. Liz Garnholz, resident, spoke regarding her unanswered questions related to the agenda items noted in the first public communications. Gerise Fisher, Cooks Market, announced the grand opening of the market on Wednesday December 3, 2003 and Open House on December 4, 2003 from 5 -8 p.m. MEMORIALS — Kimberly Grant, daughter of Geraldine and Richard Sabala, Mother to Mychael and Bridget. CELEBRATIONS — The birth of Kaden Aaron Jurjis to Seimone Jurjis, City's Building Manager, and his wife Mylene. CLOSED SESSION - NONE ADJOURNMENT at 8:00 p.m. Cathy Domann, Deputy City Clerk MINUTES OF THE REGULAR CITY COUNCIL MEETING NOVEMBER 18, 2003 PAGE NO. 7 51 EL SEGUNDO CITY COUNCIL MEETING DATE: December 2, 2003 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action regarding an amendment to the El Segundo Municipal Code regarding newsracks. RECOMMENDED COUNCIL ACTION: 1) Second reading by title only and adoption of Ordinance; or, 2) Alternatively, discuss and take other action related to this item. BACKGROUND & DISCUSSION: On November 18, 2003, the City Council considered amendments to the El Segundo Municipal Code to revise the regulations pertaining to the placement of newsracks in the City. The proposed regulations would affect the placement, design and permitting costs for newsracks to be placed in the Downtown Specific Plan area and the rest of the City. The draft ordinance also would establish procedures for the creation of uniform locations for the placement of newsracks in the downtown area. Staff has begun to identify possible uniform locations and will bring back a resolution for Council consideration in January, once the newsrack ordinance is effective. After discussion of the proposed regulations, the City Council introduced Ordinance No. 1370. The Ordinance is presented for a second reading and adoption. If adopted without change, the provisions will become effective in 30 days. ATTACHED SUPPORTING DOCUMENTS: A. Ordinance No. 1370 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: / //-? �A3 JgfinesJM. Hansen, Director of Community, Economic and Development Services BY: DATE: ary S renn, City Manager < °3 5 ORDINANCE NO. 1370 AN ORDINANCE AMENDING CHAPTER 9-4 OF THE EL SEGUNDO MUNICIPAL CODE, REGULATING NEWSRACKS, IN ITS ENTIRETY. The city council of the city of El Segundo does ordain as follows: SECTION 1: The City Council finds and declares as follows: A. The unregulated placement of newsracks in public rights -of -way presents an inconvenience and danger to the health, safety and welfare of the inhabitants of the city; B. Unless regulated, newsracks may: 1. Interfere with the safe flow of pedestrian and vehicular traffic; 2. Impair the vision of motorists and pedestrians, particularly small children and cause injury to the person or property of such persons; 3. Inhibit safe entry and departure from vehicles or buildings; 4. Detract from the appearance of streets, sidewalks and adjacent businesses; 5. Cause loss of funds to patrons in the event of malfunction; and 6. Allow minors to view harmful matter; C. The City expended significant public resources and monies to beautify its downtown area to benefit its residents and businesses. Accordingly, it is in the public interest for the City to take particular interest in regulating newsracks in this area in order to preserve aesthetics of newly constructed public facilities, and to protect public health, safety, and welfare; D. Nothing in this ordinance is intended to, nor does it, unreasonably restrict the rights of a free media under the applicable protections of the United States and California Constitutions. Rather, the regulations imposed by this ordinance are intended to establish reasonable time, place and manner restrictions on the use of public rights -of -ways in light of the public interest. Page 1 of 20 53 SECTION 2: Chapter 9 -4 of the El Segundo Municipal Code ( "ESMC ") is amended in its entirety to read as follows: "CHAPTER 9 -4 NEWSRACKS 9 -4 -10: PURPOSE. 9 -4 -20: DEFINITIONS. 9 -4 -30: ADMINISTRATION. 9 -4-40: PROHIBITIONS. 9 -4 -50: ENCROACHMENT PERMITS. 9 -4-60: NOTICES. 9 -4 -70: FEES. 9 -4 -80: APPLICATION FORM AND CONTENT. 9 -4 -90: CHANGE IN APPLICATION INFORMATION. 9-4 -100: TIME FOR REVIEWING APPLICATION. 9-4 -110: PERMIT ISSUANCE. 9-4 -120: PERMIT DENIAL. 9-4 -130: NOTICE OF DENIAL. 9-4 -140: EXPEDITED REVIEW. 9-4 -150: TERM; RENEWAL. 9 -4 -160: UNIFORM NEWSRACKS. 9 -4 -170: PERMIT CONDITIONS. 9 -4 -180: INSTALLATION REQUIREMENTS. 9 -4 -190: PROHIBITED AREAS. 9-4 -200: MAINTENANCE. 9-4 -210: HARMFUL MATTER. 9-4 -220: LIABILITY INSURANCE. 9-4 -230: RIGHT OF ADMINISTRATIVE REVIEW. 9-4 -240: TIME FOR ADMINISTRATIVE REVIEW. 9-4 -250: COMMENCEMENT OF ADMINISTRATIVE REVIEW. 9-4 -260: ADMINISTRATIVE REVIEW. 9 -4 -270: CITY MANAGER DECISION FINAL. 9-4 -280: MINOR VIOLATIONS. 9-4 -290: NOTICE OF HEARING FOR NEWSRACK REMOVAL. 9-4 -300: HEARING PROCEDURE. 9-4 -310: COMPLIANCE WITH REMOVAL ORDER. 9-4 -320: RECOVERING CITY EXPENSES. 9 -4 -330: EMERGENCY REMOVAL. 9 -4 -340: ABANDONMENT; DISPOSAL. 9-4 -350: ENFORCEMENT. 9-4 -360: CITY ATTORNEY ENFORCEMENT AUTHORITY. Page 2 of 20 54 9-4 -370: LIABILITY FOR FINES. 9-4 -380: EXISTING NEWSRACKS. 9-4 -390: NEWSRACKS WITHIN THE DOWNTOWN SPECIFIC PLAN AREA. 9 -4 -10: PURPOSE. This chapter is adopted in accordance with California Constitution Article XI, § 7, for the purpose of establishing uniform regulations for allowing newsracks to be placed within the public right -of -way. The city's intent in adopting this chapter is to establish reasonable time, place, and manner restrictions on the commercial use of public right -of -ways in order to preserve public health, safety, and welfare. ARTICLE 1 — GENERAL PROVISIONS 9 -4 -20: DEFINITIONS. Unless the contrary is stated or clearly appears from the context, the following definitions will govern the construction of the words and phrases used in this chapter. A. "Administrator" means the city manager or designee; B. "Blinder rack" means any opaque material placed in front of the harmful matter and within the publication vending machine which prevents exposure to public view. C. "Downtown Specific Plan Area" means the geographical area within the city's jurisdiction identified by the Downtown Specific Plan adopted on or about August 1, 2000, as amended; D. "Driveway" means a surfaced area which crosses a sidewalk designed or used for vehicular access between a lot and a public street; E. "Harmful matter" means matter which when taken as a whole, predominantly appeals to the prurient interests of the average person, applying contemporary statewide standards, meaning a shameful or morbid interest in nudity, sex, or excretion, and which is patently offensive to the prevailing standards in the adult community as a whole with respect to what is suitable material for minors, and lacks significant literary, artistic, political, educational, or scientific value for minors. When it appears from the nature of the matter or the circumstances of its Page 3 of 20 Jv dissemination, distribution or exhibition that it is designed for clearly defined deviant sexual groups, the predominant appeal of the matter must be judged with reference to its intended recipient group. F. "Lot" has the same meaning as set forth in the zoning regulations of this Code; G. " Newsrack" means any self- service coin - operated box, container, storage unit or other dispenser designed, used or maintained for the display or sale of any written or printed material, including, without limitation, newspapers, news periodicals, magazines, books, pictures, photographs and records; H. "Permit" means a permit issued to a person pursuant to this chapter allowing a newsrack to be installed within a specifically designated portion of a public right -of -way. "Permit" may also include a uniform newsrack permit issued in accordance with this chapter; "Permittee" means a person or entity to whom a permit was issued pursuant to this chapter. J. "Public Right -of -Way" means any city street, sidewalk, pedestrian path, bike path or any other "public way," as defined by California Streets & Highways Code § 18609, and any successor statute. K. "Public street" means any city street or public right -of -way including, without limitation, the curb and gutter. L. "Uniform newsrack" means a newsrack of a style, size and color designated by council by resolution for permanent installation. 9 -4 -30: ADMINISTRATION. The administrator is authorized to receive applications, issue and revoke permits, and otherwise administer and implement this chapter. Page 4 of 20 5 b 9 -4-40: PROHIBITIONS. It is unlawful for any person to install, place or maintain a newsrack or uniform newsrack in any public right -of -way that violates any provision of this chapter including, without limitation, failing to obtain a permit issued pursuant to this chapter. 9 -4 -50: ENCROACHMENT PERMITS. Persons who obtain a permit pursuant to this chapter are not required to also obtain an encroachment permit under this code to install newsracks. 9 -4 -60: NOTICES. A. Where the provisions of this chapter require that an applicant/permittee be served with notice, such notice is deemed served when personally delivered to the applicant/permittee; when deposited in first class United States Mail, addressed to the applicant/permittee's last known address; or when sent via facsimile to the applicant/permittee's last known facsimile number. B. Unless otherwise provided, written notification to a permittee /applicant of a permit decision will state with particularity the basis for such decision. 9 -4 -70: FEES. All fees applicable to this chapter are established by city council resolution. ARTICLE 2 — PERMITS 9 -4 -80: APPLICATION FORM AND CONTENT. A. Permit applications must be filed by a natural person in the name of each applicant proposing to obtain a permit. B. Every application must be signed by the applicant, or the applicant's authorized representative, under penalty of perjury. C. Permit applications, and permits, will be in a form prescribed by the administrator and contain all of the following information: Page 5 of 20 5 ! 1. The name, mailing address, and daytime and evening telephone numbers of the person filing the application; 2. The proposed location for the newsrack; and 3. Such additional information as the administrator may reasonable require to process the application. D. Applications must be accompanied by an administrative fee for processing the application. 9 -4 -90: CHANGE IN APPLICATION INFORMATION. A. Whenever any change occurs in the information contained in the permit, the permittee must give the administrator written notice of the change within thirty (30) days of the date that the change becomes effective. B. If a permittee fails to give the administrator timely written notice of a change in the information contained in the application, the administrator may charge the permittee an additional administrative fee. 9 -4 -100: TIME FOR REVIEWING APPLICATION. After receiving a completed application, the administrator must review the application and either issue or deny a permit within thirty (30) days. 9-4 -110: PERMIT ISSUANCE. A. The administrator must issue a permit if The application was complete in accordance with this chapter; 2. There are no grounds for denying the permit; and 3. The applicant accepts the permit in writing. B. Use of any permit issued pursuant to this chapter must conform to the permit conditions of this chapter. Page 6 of 20 58 9 -4 -120: PERMIT DENIAL. A permit can be denied for the following reasons: A. The application is incomplete; B. The applicant failed to provide reasonable supplemental application information requested by the administrator; C. Information submitted by the applicant is materially false; D. The application is submitted by a person with a suspended permit or whose permit was revoked; or E. The application seeks authorization for a newsrack that is prohibited by this code or unlawful under any other local, state, or federal law. 9 -4 -130: NOTICE OF DENIAL. Where the administrator denies a permit, the administrator must serve notice to the applicant. 9-4 -140: EXPEDITED REVIEW. Pursuant to California Code of Civil Procedure § 1094.8(c), and any successor statute or regulation, the permits under this chapter are designated for expedited judicial review pursuant to the procedure set forth in California Code of Civil Procedure § 1094.8, or any successor statute or regulation. 9 -4 -150: TERM; RENEWAL. Unless suspended or revoked, permits issued pursuant to this chapter have a term of one (1) year. Permits must be renewed not later than thirty (30) days before they expire in order to be maintained. Should a permit expire, the permittee must comply with this chapter to obtain a new permit. 9 -4 -160: UNIFORM NEWSRACKS. A. By resolution, the council may from time to time establish uniform newsrack locations. The council must first hold a public hearing, for which notice must be sent at least fifteen (15) days in advance to all persons Page 7 of 20 59 requesting notice, or whose name and address appears on an existing newsrack in the subject location, and after such hearing must find that the location carries a substantial volume of pedestrian or vehicular traffic, that uniform newsracks are feasible at the location, and that it is in the public interest for such newsracks. B. The resolution must describe the location; designate the particular point(s) at that location where uniform newsracks may be installed; specify the maximum number of uniform newsracks to be allowed at the location; and specify the style, size, color or other attributes required of uniform newsracks at the location. Such specification should not require uniform newsracks made by any particular manufacturer. The resolution may direct the administrator to install a kiosk(s), pedestal(s), or other support structure to accommodate a stated number of newsracks. C. No person may install a uniform newsrack at a uniform newsrack location without first obtaining a uniform newsrack permit from the administrator. D. Upon the adoption of a resolution by council establishing a uniform newsrack location, interested persons may apply for such permit. The administrator must hold all such applications for thirty (30) days after the date the resolution was adopted and may then issue all permits applied for up to the maximum number established, if any, in the resolution. E. No fee will be charged for the uniform newsrack permit. F. Permits are determined by a random selection process. The first application identified by random selection will be issued a permit for the most favorable location, and so on until the maximum number, if any, is reached. Applicants seeking permits for more than one newsrack in a single location will be allotted adjacent spaces. The remaining applications must be denied and the applicants notified. Where fewer applications are received than the maximum number of positions allowed by the resolution, permits for the remaining positions may be allotted on a first -come, first- served basis. G. Each year, during the month of December, the administrator must draw lots in the above manner for permits for the next calendar year from among those holding permits and any new applications received by December 1 st. H. The council may at any time, on its own motion or upon request of any person, by resolution, increase the maximum number of available Page 8 of 20 6 f) positions. In the event of such increase, or in the event a position becomes available by abandonment or otherwise, such position(s) must be allotted by the above procedure. Upon being granted a permit, the applicant may permanently install a uniform newsrack as described in the resolution, either affixing it to the pavement or ground, or in the event the resolution directs the administrator to install support structures, then to such support structure. J. A uniform newsrack permit will, in addition to all other provisions of this section, be conditioned with all other requirements of this chapter. ARTICLE 3 — PERMIT CONDITIONS; NEWSRACK REGULATIONS 9-4 -170: PERMIT CONDITIONS. Permits issued pursuant to this chapter have the following general conditions: A. Permittees must maintain a valid business license issued pursuant to this code; B. Permittees must pay all fees required by this chapter. C. Newsracks cannot unreasonably: 1. Interfere with or impede the flow of pedestrian or vehicular traffic. 2. Interfere with or impede ingress or egress from any residence or place of business located adjacent to a public right -of -way. 3. Interfere with any public utility facility located within the public right - of -way or in close proximity thereto. D. Except as otherwise provided, newsracks must be placed within the public right -of -way. E. Permittees must enter into a hold harmless agreement with the city which will, in part, indemnify city, its officers, employees, and agents, from any liability arising from a permittee's activities in a form approved by the city attorney's office. F. Permits are not transferable to another person or to another location. Page 9 of 20 61 G. The name, address, and telephone number of the permittee must be permanently affixed to newsracks. H. Each newsrack must have affixed to it in a readily visible place a notice setting forth the name and address of the person responsible for maintaining the newsrack and a working telephone number to call to report a malfunction, or to obtain a refund in the event of a malfunction of the coin - return mechanism. Each newsrack must be maintained in accordance with this Code. 9-4 -180: INSTALLATION REQUIREMENTS. Each newsrack must comply with each of the following requirements: A. Size: No newsrack may exceed five feet (5') in height, thirty inches (30 ") in width, or two feet (2') in depth. B. Placement: Newsracks may only be placed in a public right -of -way near a curb or adjacent to a wall of a building. The rear of newsracks placed near a curb must be placed not less than eighteen inches (18 ") nor more than twenty four inches (24 ") from the face of the curb. The rear of newsracks placed parallel to a wall or building must be placed not more than six inches (6 ") from the wall or building. No newsrack may be placed or maintained in a public right -of -way opposite one or more newsracks. C. Groups of Newsracks: Newsracks may be placed next to each other; provided, that no group of newsracks must extend more than ten feet six inches (10'6 ") along a curb or wall and a space of no more or less than three feet (3') must separate each group of newsracks from another group of newsracks. There may be no more than three (3) of the above described groups of newsracks located on a public right -of -way within a block. D. Anchoring: Each newsrack must be securely anchored to the ground or sidewalk. E. Each newsrack must be equipped with a working coin - return mechanism to permit a person using the machine to obtain an immediate refund in the event a person is unable to receive the publication paid for. The coin - return mechanisms must be maintained in good working order. Page 10 of 20 9-4 -190: PROHIBITED AREAS. Notwithstanding any other provision of this chapter, no newsrack may be placed, installed, used or maintained as follows: A. Within one foot (1') of any area improved with lawn, flowers, shrubs or trees; B. Within three feet (3') of The entrance or exit to any building; 2. Any display window in any building abutting a sidewalk or public right -of -way. No newsrack may be located directly in front of any display window of any building abutting a public right -of -way without the written consent of the person or entity legally in occupancy or otherwise in control of the premises on which the display window is located. Proof of such consent must be included in the permit application. If such consent is withdrawn, any newsrack placed in front of a display window must be removed within fourteen (14) days of the date of written notice from the city to the owner of such newsrack. C. Within five feet (5) of Any marked crosswalk. 2. The curb return of any intersecting public streets. 3. Any fire hydrant, fire call box, police call box or any other emergency facility. 4. Any designated bus stop area or any sign marking a designated bus stop. 5. Bus bench. 6. Any curb painted blue, pursuant to the provisions of California Vehicle Code § 21458; D. Within ten feet (10') of any driveway. E. In any location whereby the clear passage on a sidewalk for pedestrian Page 11 of 20 r� 3 traffic is reduced to less than five feet (5). F. Within any public street; G. Within one hundred feet (100') of a newsrack containing the same edition of the same publication, except where bulk of a particular edition is such that more than one rack is required, in which case said newsracks must be placed side -by -side; H. Within three hundred feet (300') of a uniform newsrack location, except for any period, not to exceed thirty (30) days, during which a uniform newsrack permit has been granted at the location but the applicant has been unable to obtain a uniform newsrack; Chained or otherwise attached to any fixture. All newsracks must be permanently affixed to the pavement or otherwise anchored to a concrete base. Newsracks anchored to concrete bases must have a minimum weight of 100 pounds empty. Uniform newsracks which have been established and permitted pursuant to this chapter may be permanently affixed to the pavement or authorized support structures as established by city council resolution. J. Be used for advertising, selling or storing material other than that dealing with the display, sale or purchase of the publication sold therein. K. No newsrack may remain empty for a period of thirty (30) consecutive days. 9 -4 -200: MAINTENANCE. Each newsrack must be maintained in a clean and attractive condition and in good repair at all times, and no issue or edition of any publication may be allowed to remain in any such newsrack for a period exceeding the publication period of the material offered for sale therein or thirty (30) consecutive calendar days after the date of the initial issuance or publication of such material, whichever is lesser. Specifically, but without limiting the generality of the foregoing, each newsrack must be reasonably free of dirt and grease; be reasonably free of chipped, faded, peeling and cracked paint; be reasonably free of rust and corrosion; have no broken cracked, dented, blemished or discolored plastic or glass parts; have no torn, peeling or fading paper or cardboard parts or inserts; and have no broken or misshapen structural parts. Page 12 of 20 t 9-4 -210: HARMFUL MATTER. Pursuant to California Penal Code § 313.1(d), any harmful matter displayed in a public place from which minors are not excluded must be concealed with blinder racks, so that the lower two- thirds of the material is not exposed to view. ARTICLE 4 — APPEALS 9-4 -220: RIGHT OF ADMINISTRATIVE REVIEW. Except as otherwise provided, an applicant may request administrative review of the administrator's decisions pursuant to this chapter including, without limitation, decisions regarding permit denial. 9-4 -230: TIME FOR ADMINISTRATIVE REVIEW. A. Except as otherwise provided, a request for review must be commenced within five (5) days from the date on which written notice of the administrator's decision is served on the applicant/permittee. B. If a request is untimely, the administrator may, nevertheless, extend the time for commencing such review for good cause shown, but in no event may a request be filed more than thirty (30) days after notice was served. 9 -4 -240: COMMENCEMENT OF ADMINISTRATIVE REVIEW. A. A request for administrative review must be on a form provided by the administrator and contain the following information: The name, address and telephone number of the person making the request; 2. A description of the decision, determination or order which is the subject of the review, and the date such decision, determination or order was made or issued; 3. A brief description of all grounds for making the request; and 4. Such other information as may be required by the administrator; B. A request for administrative review must be accompanied by a fee in an amount determined by city council resolution. Page 13 of 20 65 9-4 -250: ADMINISTRATIVE REVIEW. A. Upon request for administrative review being filed, the administrator will provide a copy of the notice to the city manager within two (2) business days. B. Upon receiving a request for review from the administrator, the city manager will review the request and, within ten (10) business days of receiving the request notice, provide the appellant with a written notification that: The administrator's decision is affirmed; 2. The administrator's decision is modified; 3. The administrator's decision is reversed and a permit is issued. Under such circumstances, the fee collected for an appeal must be returned to the permittee within thirty (30) days of the city manager's decision. C. The city manager may, but is not required to, conduct a hearing at a time and place determined at the city manager's sole discretion. In the event of a hearing, the rules of evidence will not apply. The city manager may consider such evidence as the city manager may deem reliable. The city manager may adopt such additional reasonable rules of procedure that may facilitate the progression of such a hearing. 9 -4 -260: CITY MANAGER DECISION FINAL. The city manager's decision is final. There is no right to appeal a decision to the city council. Any court challenge must be filed within ninety (90) calendar days of the city manager's decision in accordance with California Code of Civil Procedure § 1094.6. ARTICLE 5 - ENFORCEMENT 9-4 -270: MINOR VIOLATIONS. In the case of minor violations of this chapter that can be corrected at the site, any city employee, as an alterative to removing the newsrack, is authorized to correct the violation summarily. The permittee will bear the cost of any such correction. Page 14 of 20 tab 9-4 -280: NOTICE OF HEARING FOR NEWSRACK REMOVAL. A. Upon discovering a newsrack that lacks a permit or otherwise violates this chapter, the administrator may take action to remove such a newsrack in accordance with this chapter. B. To initiate proceedings for removing newsracks, the administrator will cause written notice to be mailed and conspicuously posted on the newsrack . Notice must be titled in letters at least one inch in height and read substantially as follows: Removal Hearing Notice On , 20 , the City of El Segundo will determine whether this Newsrack should be removed in accordance with the El Segundo Municipal Code ( "ESMC "). If the Newsrack is found to violate the ESMC and is not promptly removed by the owner, then the City may remove it and impound it at the owner's expense. If the City removes the Newsrack, all costs associated with such removal, impoundment, and storage, must be paid by the owner before the Newsrack is returned. The alleged violations consist of the following: All persons having any objection to, or interest in, said matters should attend a hearing to be conducted by the City , to be held at on , at the hour of m., when their testimony and evidence will be heard and given due consideration. Dated: Administrator C. Mailing /posting. Notice of the hearing will be served by posting the newsrack and by registered or certified mail (postage fully prepaid) addressed to the newsrack owner. The notice must be posted on the newsrack and mailed at least ten (10) days before the hearing date. Proof of posting and mailing will be by declaration. Failure of any person to receive the notice will not affect the validity of any set forth in this chapter. D. The administrator is not required to wait ten (10) days to proceed if the Page 15 of 20 6� intent to permanently abandon or vacate a newsrack or uniform newsrack location is confirmed in writing by the owner of such newsrack. 9-4 -290: HEARING PROCEDURE. A. The hearing must be conducted by a hearing officer selected by the administrator. At the time set for such hearing, the hearing officer will conduct a hearing to determine, based upon the evidence presented, whether the newsrack violates this chapter. At the hearing, the hearing officer will accept reliable evidence from any person if such evidence bears on the issue of whether the newsrack violates this chapter. The hearing officer is authorized to take testimony and is authorized to administer oaths or affirmations under the Code of Civil Procedure § 2093(a). Based upon the evidence submitted including, without limitation, any written staff reports regarding alleged violations, the hearing officer will determine whether or not the newsrack violates this chapter and should be removed. B. As soon as is practicable following the close of such hearing, the hearing officer will render a decision on the matter. If the newsrack is found to violate this chapter, the hearing officer will issue an order requiring the newsrack to be removed within a reasonable time and manner as set forth in the order. The hearing officer will promptly give written notice to the responsible person and any other interested person who requests, in writing, notice of such decision, including, a copy of the order. The order issued by the hearing officer will be deemed a final order and may be judicially reviewed pursuant to Code of Civil Procedure § 1094.6. There is no right to a city council appeal. 9 -4 -300: COMPLIANCE WITH REMOVAL ORDER. At no cost to the city, the newsrack will comply with all of the provisions of a removal order. If the newsrack owner fails, for any reason, to comply with a removal order within the time required in the order, the administrator, will cause the newsrack to be removed and impounded by city forces or by private contractor. 9-4 -310: RECOVERING CITY EXPENSES. The administrator will keep an account of the costs, including incidental expenses, of removing, impounding, and storing such newsracks. Newsrack owners must pay the city all reasonable costs associated with Page 16 of 20 68 the noticing, removal, and storage of the newsrack before regaining possession of such newsracks. 9-4 -320: EMERGENCY REMOVAL. Notwithstanding any other provision of this chapter, whenever the administrator, determines that a newsrack constitutes an immediate threat or hazard or danger to persons or property, the administrator, without observing procedures set forth in this chapter with reference to newsrack removals, will immediately cause such a newsrack to be removed in such manner as the administrator determines is reasonably required. If the administrator deems it feasible, the administrator may attempt to give the newsrack owner verbal notice of the danger and the proposed timing and removal of the newsrack. Where such removal is ordered, the administrator will, after completing the removal of the newsrack, comply with the provisions of this chapter. 9 -4 -330: ABANDONMENT; DISPOSAL. The owner of any impounded newsrack who fails to obtain the release of the newsrack within thirty (30) days after impoundment, is deemed to have abandoned the newsrack, and the newsrack may be disposed of by the administrator in the time and manner prescribed by law, for the disposal of abandoned personal property. 9 -4 -340: ENFORCEMENT. A. In addition to the remedies set forth in this chapter, violations of a permit may be enforced as follows: 1. Prosecution as infractions or misdemeanors at the city attorney's discretion. 2. Abated as a public nuisances. 3. Enjoined as unfair business practices that are presumed to nominally damage each and every resident of the community in which the permittee operates. B. The remedies provided by this chapter are cumulative and in addition to any other criminal or civil remedies. 9-4 -350: CITY ATTORNEY ENFORCEMENT AUTHORITY. Page 17 of 20 60 In addition to any other general functions, powers, and duties given to the city attorney by this code or California law, the city attorney is authorized to: A. Prosecute on behalf of the people all criminal and civil cases for violations of this chapter including, without limitation, administrative or judicial nuisance abatement and suits for injunctive relief; B. Prosecute all actions for the recovery of fines, penalties, forfeitures, and other money accruing to the city under this chapter. 9-4 -360: LIABILITY FOR FINES. All fines, fees, penalties, and interest imposed pursuant to this chapter are civil debts owed to the city by the person fined. In the event that judicial action is necessary to compel payment of any debt owed to the city, the person or persons subject to the fine are also liable for the costs of suit and attorney's fees incurred by the city to collect the fine. ARTICLE 6 — PREEXISTING NEWSRACKS 9-4 -370: EXISTING NEWSRACKS. A. Any person who owns or is entitled to possession of any newsrack located within a public right -of -way upon the effective date of this chapter, must either remove the newsrack or obtain a permit pursuant to this chapter within one (1) calendar year after the effective date of this chapter. B. If any such newsrack remains in place without a permit after the this time period, the administrator may begin removal proceedings as provided in this chapter. C. If the newsrack owner does not comply with the administrator's notice of removal, or does not appeal it, within the time set in such notice, the administrator may remove and impound the newsrack. The owner or other persons entitled to possession of the newsrack may obtain possession of such impounded newsrack in the time and manner set forth in this chapter. 9-4 -380: NEWSRACKS WITHIN THE DOWNTOWN SPECIFIC PLAN AREA. Page 18 of 20 70 Persons possessing a valid newsrack permit issued before the effective date of this chapter and who had a newsrack located within the city's downtown specific plan area, must comply with all of the following before installing newsracks: A. If the person removed newsracks from the public right -of -way in accordance with the city's direction before the effective date of this chapter, the person must obtain a permit issued pursuant to this chapter or, if applicable, a uniform newsrack permit, before installing newsracks within the Downtown Specific Plan Area; B. If the person has existing newsracks that were not removed at the city's direction before the effective date of this chapter, the person must obtain a permit within one (1) calendar year after the effective date of this chapter for the continued use of such newsracks." SECTION 3: Repeal of any provision of the ESMC herein will not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before, this Ordinance's effective date. Any such repealed part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Ordinance. SECTION 4: If any part of this Ordinance or its application is deemed invalid by a court of competent jurisdiction, the city council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Ordinance are severable. SECTION 5: The City Clerk is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City of El Segundo's book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within fifteen (15) days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law. SECTION 6: This Ordinance will become effective on the thirty -first (31st) day following its passage and adoption. ATTEST: PASSED AND ADOPTED this day of , 2003. Mike Gordon, Mayor Page 19 of 20 71 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 said City is five; that the foregoing Ordinance No. was duly introduced by said City Council at a regular meeting held on the day of , 2003, and was duly passed and adopted by said City Council, approved and signed by the Mayor, and attested to by the City Clerk, all at a regular meeting of said Council held on the day of , 2003, and the same was so passed and adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: Cindy Mortesen, City Clerk APPROVED/ Mark D. Her By: arl H. Berger, Ass' ant City Attorney Page 20 of 20 EL SEGUNDO CITY COUNCIL MEETING DATE: December 2, 2003 AGENDA ITEM STATEMENT AGENDA HEADING: Consent AGENDA DESCRIPTION: Consideration and possible action regarding a resolution readjusting optional Parking In -Lieu Program fees in accordance with the El Segundo Downtown Specific Plan (DSP) and Ordinance No. 1368. RECOMMENDED COUNCIL ACTION: 1. Adopt resolution readjusting Parking In -Lieu Program fees; and /or 2. Alternatively, discuss and take other action related to this item. BACKGROUND & DISCUSSION: On November 4, 2003, Ordinance No. 1368 was introduced amending the DSP to add a Parking In -Lieu Program (Specific Plan Amendment No. 03 -3). Such a program is intended to allow the payment of a fee in -lieu of providing required on -site parking for new development in the DSP area. At that same meeting, Resolution No. 4339 was adopted which established the fee at $17,500 per parking space. On November 18, 2003, at the second reading of the Ordinance, Council indicated that it would like to readjust the parking in -lieu fee in order to encourage participation in the Program by setting the fee at $12,500 per parking space for a six -month period. Thereafter, the fee would be set at $17,500 per parking space. The staff report prepared for the November 4, 2003 City Council meeting noted that $125,000 in revenue could be anticipated were ten spaces sold (at $12,500 /space) before the end of the fiscal year. This staff report reflects an increase in that amount due to the increase in the in- lieu fee beginning with the second six months of the program. Anticipated revenues reflect the sale of four spaces at $12,500 and six spaces at $17,500 totaling an estimated $155,000. ATTACHED SUPPORTING DOCUMENTS: Draft Resolution FISCAL IMPACT: Operating Budget: N/A Amount Requested: $155,000 Account Number: NIA Project Phase: N/A Appropriation Required: X Yes No (increase in estimated revenue) ORIGINATED BY: DATE: n- LJ� � 11 12 411,3 Hansen, Director of Community, Economic and Development Services REVMWED BY: DATE: Mary St enn, City Manager /'3 C. /j S RESOLUTION NO. A RESOLUTION READJUSTING OPTIONAL IN -LIEU FEES FOR PARKING REQUIREMENTS IN ACCORDANCE WITH THE EL SEGUNDO DOWNTOWN SPECIFIC PLAN AND ORDINANCE NO. 1368. BE IT RESOLVED by the Council of the City of El Segundo as follows: SECTION 1: The City Council finds and declares as follows: A. This Resolution is adopted in accord with the El Segundo Downtown Specific Plan ( "DSP ") and the El Segundo Municipal Code ( "SPMC ") for the purpose of readjusting in -lieu parking fees previously established by Resolution No. 4339 on or about November 5, 2003; B. This Resolution relies upon the documentary and testimonial evidence submitted to the City during the public hearing held on November 5, 2003 in addition to such additional information that may be in the administrative record including, without limitation, a report prepared by Rosenow Spevacek Group, Inc. dated June 12, 2003; C. The fees established by this Resolution are lower than or equal to those set forth in Resolution No. 4339. Accordingly, there is no requirement for a public hearing pursuant to Government Code §§ 66016 or 66017. SECTION 2: Calculation of Parking Fees. The amount of parking fees that can be paid to the City in accordance with the DSP ( "Fees ") is established at $12,500 per parking space for the first six (6) months after the effective date of this resolution. Thereafter, the fee that can be paid is $17,500 per parking space. SECTION 3: Fee in Resolution No. 4339 superseded. The fees set forth in this Resolution supersede those in Resolution No. 4339. Otherwise, all provisions of Resolution No. 4339 are hereby reaffirmed. SECTION 4: Exempt under the California Environmental Quality Act. This Resolution is exempt from review under the California Environmental Quality Act (Cal. Pub. Res. Code §§ 21000, et seq.; "CEQA ") and CEQA regulations (Cal. Code Regs. Title 14, §§ 15000, et seq.) because it establishes, structures, and approves rates and charges to obtain funds for capital projects needed to maintain service within existing service areas. This Resolution, therefore, is categorically exempt from further CEQA review under Cal. Code Regs. Title 14, § 15273. SECTION 5: Effective Date of this Resolution. The effective date of this Resolution will coincide with the effective date of Ordinance No. 1368, and will remain in effect unless repealed or superseded. 1 7 r PASSED AND ADOPTED this 2nd day of December, 2003. Mike Gordon, Mayor APPROVED AS TO FORM: Mark D. Hensley, City Attorney la Karl H. Berger, Assistant City Attorney ATTEST: 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 said City is five; that the foregoing Resolution No. was duly passed and adopted by said City Council, approved and signed by the Mayor, and attested to by the City Clerk, all at a regular meeting of said Council held on the 2nd day of December, 2003, and the same was so passed and adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: Cindy Mortesen, City Clerk 2 7 .� EL SEGUNDO CITY COUNCIL MEETING DATE: December 2, 2003 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action to adopt a resolution appointing the City Manager as the City's real property negotiator for the Douglas Street Improvement Project and authorizing the City Manager to approve contracts for acquisition of real property interests - (estimated cost = $1,007,040). RECOMMENDED COUNCIL ACTION: Recommendation — (1) Adopt resolution; (2) Alternatively discuss and take other action related to this item. BACKGROUND & DISCUSSION: The Douglas Street Gap Closure / Railroad Grade Separation Project requires acquisition of property and construction easements from four (4) private property owners, Southern California Edison Company (SCE) and the Metropolitan Transportation Authority (MTA). The Los Angeles County Department of Public Works has been retained by the City to provide right -of -way acquision services. The County has appraised all acquisitions needed for the project. The City Council has authorized the City Manager to certify the valuation report developed by the County. The enclosed resolution will appoint the City Manger as the City's real property negotiator for the project and authorizes the City Manager to make payments for real property acquisitions as valued in the County's report up to and not exceeding 120% of the total valuation. The total valuation in the County's report is $2,606,400, however, it is anticipated that Edison and MTA will not seek compensation. Total compensation to the remaining property owners is estimated to be $1,007,040 including the 20% contingency factor. The contingency factor is required in the event it is necessary to accept counter offers from property owners based on additional valuation factors. ATTACHED SUPPORTING DOCUMENTS: Resolution. FISCAL IMPACT: Capital Improvement Program: $4,700,000 Amount Requested: $1,007,040 Account Number: 301 - 400 - 8203 -8949 Project Phase: Right -of -way acquisition Appropriation Required: No ORIG D DATE: November 25, 2003 Davi Jo son, In erim Director of P orks REV' Y: DATE: aryE_ � renn, City Manager 20031118 — Adopt Resolution Appointing the City Manager 7 as Real Property Negotiator for the Douglas Street Project RESOLUTION NO. A RESOLUTION APPOINTING THE CITY MANAGER AS THE CITY'S REAL PROPERTY NEGOTIATOR FOR THE DOUGLAS STREET IMPROVEMENT PROJECT AND AUTHORIZING THE CITY MANAGER TO APPROVE CONTRACTS FOR ACQUISITION OF REAL PROPERTY INTERESTS. 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 City is currently implementing the Douglas Street Improvement Project ( "Project ") which was approved by the City Council on or about March 1995; B. Among other things, the City must acquire real property in order to move forward with the Project; C. On or about August 5, 2003, the Council authorized the City Manager to certify a valuation report from Los Angeles County Department of Public Works ( "Report"), which is serving as the City's real property acquisitions consultant, which sets forth the estimated value for each parcel that must be acquired for the Project; D. Given the Project timeline, it would impracticable for the City Council to approve each and every property acquisition that the Project requires. Since the Council was previously notified regarding the estimated cost for each parcel, it is sufficiently informed regarding the overall cost of these real property transactions; E. It is therefore in the public interest for the Council to delegate authority to the City Manager to acquire the properties listed in the Report in conformance with this Resolution. SECTION 2: The City Manager is appointed the City's real property negotiator for the Douglas Street Improvement Project. SECTION 3: The City Manager is authorized to approve and pay for acquisitions of real property listed in the Report as recommended by Los Angeles County Department of Public Works. Such authority extends up to, but not more than, twenty percent (20 %) over the total compensation for all the parcels as listed in the Report. SECTION 4: Pursuant to Government Code § 27281, the City Manager is authorized to accept all interests in real property that are granted or conveyed to the City and, if required for recordation, execute a certificate of acceptance on the City's behalf. 7� SECTION 5: The Certificate of Acceptance executed by the City Manager, or designee, will substantially read as follows: "This is to certify that the interest in real property conveyed by the deed or grant dated from to the City of El Segundo, a political corporation and /or governmental agency, is accepted by the City Manager on behalf of the City of El Segundo pursuant to authority conferred by City Council Resolution Number adopted on November , 2003, and the grantee consents to recordation thereof by its duly authorized officer. Dated By SECTION 6: This Resolution will become effective immediately upon adoption. PASSED AND ADOPTED this _ day of , 2003. Mike Gordon, Mayor of the City of El Segundo, California 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 , 2003, 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 2003. ATTEST: Cindy Mortesen, City APPROVED ArO Mark D. Hensl6V. G By: rl H. B rger, Assistant City Attf '7 0 EL SEGUNDO CITY COUNCIL MEETING DATE: December 2, 2003 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action regarding acceptance of the Park Vista Senior Housing exterior painting (615 East Holly Avenue) — Approved Park Vista Operating Budget — Project No. PW 03 -05 — (Final contract amount = $82,300). RECOMMENDED COUNCIL ACTION: Recommendation — (1) Accept the work as complete; (2) Authorize the City Clerk to file the City Engineer's Notice of Completion in the County Recorder's Office; (3) Alternatively discuss and take other action related to this item. BACKGROUND & DISCUSSION: On June 17, 2003, the City Council awarded a contract in the amount of $82,300 to Tony's Painting for the exterior painting of Park Vista Senior Housing. The work included power washing the exterior of the building and sealing cracks and other visible deficiencies before painting. The work has been done to the satisfaction of the Park Vista administrative staff. The final contract amount is $82,300. ATTACHED SUPPORTING DOCUMENTS: 1. Notice of Completion. 2. Location map. FISCAL IMPACT: Capital Improvement Program Amount Requested: Account Number: Project Phase: Appropriation Required: Park Vista Senior Housing $82,300 N/A Acceptance of work No ORI �D DATE: November 25, 2003 vld J h son, Interim Director of ublic Works REVI nn, City Manager DATE: /1/ ? 20021202 — Acceptance of Park Vista Senior Housing Exterior Painting — PW 03 -05 8 I— tit 1 Recording Requested by and When Recorded Mail To: City Clerk, City Hall 350 Main Street El Segundo, CA 90245 NOTICE OF COMPLETION OF CONSTRUCTION PROJECT Project Name: Park Vista Senior Housing Exterior Painting Project No.: PW 03 -05 Notice is hereby given pursuant to State of California Civil Code Section 3093 et seq that: Dated 1. The undersigned is an officer of the owner of the interest stated below in the property hereinafter described. 2. The full name of the owner is- Park Vista Senior Housing 3. The full address of the owner is: Park Vista Senior Housing, 615 East Holly Avenue, El Segundo, CA, 90245 4. The nature of the interest of the owner is: Senior housing 5. A work of improvement on the property hereinafter described was field reviewed by the City Engineer on October 20, 2003. The work done was: Exterior building painting 6. On December 2, 2003, the City Council of the City of El Segundo accepted the work of this contract as being complete and directed the recording of this Notice of Completion in the Office of the County Recorder. 7. The name of the Contractor for such work of improvement was: Tony's Painting 8. The property on which said work of improvement was completed is in the City of El Segundo, County of Los Angeles, State of California, and is described as follows: Park Vista Senior Housing 9. The street address of said property is: 615 East Holly Avenue Bellur K. Devaraj City Engineer VERIFICATION I, the undersigned, say: I am the City Engineer of the City El Segundo, the declarant of the foregoing Notice of Completion, I have read said Notice of Completion and know the contents thereof, the same is true of my own knowledge. I declare under penalty of perjury the foregoing is true and correct. Executed on , 2003 at El Segundo, California. Bellur K. Devaraj, City Engineer 8i .L N O (A � W — J � w ¢ C Z z Q W U N O J i CA W J W U) a N O J {} *� Moll N3NI1N0� .(31VAlad) AVM S3HE)nH °z II 1S la 3S ldOd!ll�l aAls c Q z > Q F — � m zQ G� W �a. a !Z a VIONIa 6 ioNI-1 X 1 a 1J q M a S I INNO -41-1V O > LLJ r� ViIWOI �� F:�®= 10 A 1aV03W 6 FTI® ❑� �� onnnF :Ee ® 11111 i } �I0 3 O j m J as = s U w a `o I a3dd3d U J I BB L� �F:� F:] R 'ld ao ❑ ®ee e ® ] 0 1 Y- SI Vw0' 0 Q a 2 ,,, Jl3llttn LL U = Q J � Q J U 6. Y J r---t a 3 U) 2 o a LLi I r"" '15 w 1 iii li a 'JS 3H�o Ic 1S `00' N I — ro O �F co" u r` m N1S VNVIONI M '1S SIONI -Ill 0 1S N019NIHSVM '1S SVSNVA �b N W IA b l AA 41 IS VINEl0.41 -1VO is is ONOWH31M Oa0ONO3 is is NOJ3a0 is VOVA3N j 1S V1SIA VMO'l 'IS a31N30 d � z 'aa MOIVJNne m z IS IS ONVIANWR Q is r11wo� �` d is Vaa31s z is NN3d 1S NO(3I3HS W U VN31dV 11r)S 'Is OaVaN iV S is NIVA is is ONOWH31M Oa0ONO3 is VINISHIA is JNIIIHM 1S V1SIA VMO'l d � z m IS 1S3U3 -111H EL SEGUNDO CITY COUNCIL MEETING DATE: December2, 2003 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action to accept the project to install lining of sanitary sewer access structures — Approved Capital Improvement Program PW 03 -11 - (estimated cost = $66,170). RECOMMENDED COUNCIL ACTION: Recommendation — (1) Accept the project as complete; (2) Authorize the City Clerk to file the City Engineer's Notice of Completion with the County Recorder's Office; (3) Alternatively discuss and take other action related to this item. BACKGROUND & DISCUSSION: On July 1, 2003 the City Council awarded a contract in the amount of $66,170 to Sancon Engineering for installation of a polymer lining over the walls of 55 sanitary sewer access structures at various locations in the City. The work has now been completed to staff's satisfaction. The final contract amount is $66,170. ATTACHED SUPPORTING DOCUMENTS: 1. Notice of Completion. 2. Location map. FISCAL IMPACT: Capital Improvement Program: $275,000 Amount Requested: $ 66,170 Account Number: 301 - 400 - 8204 -8317 Project Phase: Acceptance of work Appropriation Required: No ORIGI T BY DATE: November 13, 2003 Da 'd o fon, Interim Director of is Works REVIE B DATE: Ma St n, City Manager 20031202 — Accept the Project to Install Lining of 9 Sanitary Sewer Access Structures — PW 03 -11 am Recording Requested by and When Recorded Mail To: City Clerk, City Hall 350 Main Street El Segundo, CA 90245 NOTICE OF COMPLETION OF CONSTRUCTION PROJECT Project Name: Sanitary Sewer Access Structure Lining Project Project No . PW 03 -11 Notice is hereby given pursuant to State of California Civil Code Section 3093 et seq that: 1. The undersigned is an officer of the owner of the interest stated below in the property hereinafter described. Dated 2. The full name of the owner is: City of El Segundo 3. The full address of the owner is: City Hall, 350 Main Street, El Segundo, CA, 90245 4. The nature of the interest of the owner is: Public wastewater system 5. A work of improvement on the property hereinafter described was field reviewed by the City Engineer on November 3, 2003. The work done was: Slurry seal of streets. 6. On December 2, 2003, the City Council of the City of El Segundo accepted the work of this contract as being complete and directed the recording of this Notice of Completion in the Office of the County Recorder. 7. The name of the Contractor for such work of improvement was: Sancon Engineering II, Inc. 8 The property on which said work of improvement was completed is in the City of El Segundo, County of Los Angeles, State of California, and is described as follows: Public wastewater system at various locations. 9. The street address of said property is: Not applicable Bellur K. Devaraj City Engineer VERIFICATION I, the undersigned, say: I am the City Engineer of the City El Segundo, the declarant of the foregoing Notice of Completion; I have read said Notice of Completion and know the contents thereof; the same is true of my own knowledge. I declare under penalty of penury the foregoing is true and correct. Executed on , 2003 at El Segundo, California. Bellur K. Devaraj, City Engineer MwcellaneousWotC o!Completion - PW 07.11 i_L LL W I .liNf100 S3139NV 501 AAA 3Ny0H1MVH �O J.110 O Z 0 310 NVS F" Q ' o^'� �O'�N31J e aAV V W J ZW _ O Z Q J o W J H U H Cl)U V/ c _/ c W ' Um V U Q C x W 3 W (n m O LL a W U LL. v Q a a lLLJ U O fA H Z W J a U U) AWA- NNVd _ uj U Q m z Q i VoaAlAiai =-Jm NVO =7Ar w1i O =7A► IN14 c'LM Llm-lvok )• =IV VtLl smiad +- -3A► ",Iva U 7AY nrtw =-JAW OIALOV/ —2AV i3mnv9 =4Y A.2NNIlo11 =nN 7N7NV1N O 0 z 'D V Li U- (n O N W a CL N a L O O N LL } U 1� In ` s W m r` 2 dC v W W W N W W Q 30 „ -r co! z ZO c a� in m NOI1VIAt ZW Z W V of fA H Z W J a U U) AWA- NNVd _ uj U Q m z Q i VoaAlAiai =-Jm NVO =7Ar w1i O =7A► IN14 c'LM Llm-lvok )• =IV VtLl smiad +- -3A► ",Iva U 7AY nrtw =-JAW OIALOV/ —2AV i3mnv9 =4Y A.2NNIlo11 =nN 7N7NV1N O 0 z 'D V Li U- (n O N W a CL N a L O O N LL } U 1� m s W m 2 dC W W N N W W Q 30 co! z ZO a� in N ZW Z W V m EL SEGUNDO CITY COUNCIL MEETING DATE: December2, 2003 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action to approve two (2) easement agreements with Shell California Pipeline Company for the Douglas Street Gap Closure Project — (No fiscal impact). RECOMMENDED COUNCIL ACTION: Recommendation — (1) Approve the easement agreements; (2) Authorize the City Manager to execute the agreements on behalf of the City; (3) Alternatively discuss and take other action related to this item. BACKGROUND & DISCUSSION: The Douglas Street Gap Closure Project involves relocation of two (2) existing Shell Oil Company pipelines (one (1) 8" LAX Airport Products pipeline and one (1) 10" Ventura Crude Oil pipeline). Portions of the relocated lines will be within City -owned property at the south end of Douglas Street, south of Alaska Avenue. Both pipelines are owned by Shell Oil Company. Shell Oil has requested two (2) separate easement documents since the pipelines are owned by two (2) different subsidiaries of Shell Oil. Granting of these easements (along with other right -of -way acquisitions currently in progress) is required to develop the right -of -way certification needed to advertise the project for construction bidding. ATTACHED SUPPORTING DOCUMENTS: 1. Easement agreements. 2. Location map. FISCAL IMPACT: No fiscal impact. Capital Improvement Program: Amount Requested: Account Number: Project Phase: Appropriation Required: ORIGINATEQG� DATE: November 25, 2003 David Johns n, erim Director of Public ks REVIEWED Mary Strenn, Go Ma DATE: 20031202 — Approve Two Easement Agreements with Shell 10 California Pipeline Company for the Douglas Street Project 8 U Recorded by and return to: Shell Pipeline Company LP ATTN: Land & Permitting Section 1801 -A Petrol Road Bakersfield, CA 93308 NO DOCUMENTARY TRANSFER TAX. California Revenue & Taxation Code Sec. 11901 et. seq. EASEMENT AGREEMENT STATE OF CALIFORNIA COUNTY OF LOS ANGELES THIS EASEMENT AGREEMENT ("Agreement ") is made and executed this 1$ day of , 2003, between the CITY OF EL SEGUNDO, a municipal corporation ( "GRANTOR "), and SHELL CALIFORNIA PIPELINE COMPANY LLC ( "GRANTEE "), a Delaware limited liability company. NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties hereto agree as follows: 1. GRANT OF EASEMENT; DESCRIPTION OF PROPERTY. GRANTOR grants to GRANTEE an easement for the LAX AIRPORT PRODUCTS 8 -INCH PIPELINE #6, on the terms and conditions below, on a portion of real property and all adjoining lands of the GRANTOR to the Property, that is more particularly described in attached Exhibit "A" and incorporated by reference ( "Property "). 2. USE OF PROPERTY. A. GRANTEE may use the Property to lay and construct pipelines, not to exceed twelve (12) inches in diameter, together with connections, fittings and appurtenances (including, but not limited to, communications and electrical cables buried within the easement with necessary splice points below ground level, air patrol markers, valves, and corrosion control equipment) ( "Pipeline ") for the transportation of oil, petroleum or any of its products, gas, water or any other substance or substances associated therewith, in, on, over, along, through, upon, under and across the Property of the GRANTOR, and to operate, inspect, LA #122629 vl Page 1 of 8 8 "1 maintain, preserve, protect, repair, renew, substitute, change the size of and remove or abandon the same; together with the right to do such clearing and to make such excavations, cuts and fills with mechanical and other appliances and equipment or otherwise, as may be reasonable necessary to the exercise of the rights herein granted; together with the right of ingress to and egress from and over the Property for the purposes aforesaid. B. GRANTEE, its employees, and agents, at any and all times when necessary, will have reasonable access to the Pipeline. However, GRANTEE must comply with all applicable laws and codes. 3. GRANTEE'S RESPONSIBILITIES. A. GRANTEE will submit engineering plans and specifications to GRANTOR for the installation of Pipeline B. GRANTEE will exercise the rights granted above in such manner as to interfere as little as may be practicable with the GRANTOR'S use and enjoyment of the Property. GRANTEE and its employees and agents may access the Pipeline, over such route as GRANTOR may designate or approve, for the purpose of exercising the rights granted above. C. If any public property is damaged by GRANTEE'S use of the easement, or for any other cause arising from GRANTEE'S operation of its Pipeline. GRANTEE will, at its own cost and expense, immediately repair any and all such damage and restore the Property or portion to as good condition as before such usage or cause of damage occurred. All such repair and restoration must be completed under the direction and satisfaction of GRANTOR. D. By accepting this Agreement, GRANTEE agrees to bury the Pipeline to a minimum depth of four (4) feet so as not to interfere with GRANTOR'S use of the Property, except where immovable rock is encountered, then the Pipeline must be buried not less than twenty -four (24) inches beneath the surface of the Property. E. The Pipeline installed pursuant to this Agreement must, when installed, lie within an easement ten (10) feet in width, the centerline of which easement will be the centerline of the as -built Pipeline. GRANTEE must evidence such designation by filing a written description of such centerline for record in the Los Angeles County Recorder's Office either before or after the commencement of any operations hereunder, but, in any event, within one (1) year from the date hereof. GRANTEE also has the right to reasonably use such temporary workspace as needed during construction and on going maintenance of the pipeline (in addition to the 10 foot wide strip). LA #122629 vl Page 2 of 8 FbW LN • 4. TERM. The easement granted in this Agreement will be a perpetual easement. 5. CONDEMNATION. If all or part of the Property is acquired by eminent domain or purchase in lieu thereof, GRANTEE acknowledges that it will have no claim to any compensation awarded for the taking of the Property or any portion thereof or for loss of or damage to GRANTEE's improvements. In the event of an eminent domain or sale proceeding, GRANTEE shall not lose its easement rights. GRANTOR shall guarantee such easement right to GRANTEE. 6. ALTERATIONS. GRANTEE will not make, or cause to be made, any alterations to the Property, or any part thereof, without GRANTOR's prior written consent. 7. HAZARDOUS/TOXIC WASTE. GRANTOR has not, nor, to GRANTOR's knowledge, has any third party used, generated, stored or disposed of, or permitted the use, generation, storage or disposal of, any Hazardous Material (as defined below) on, under, about or within the Property in violation of any law or regulation. GRANTEE agrees that it will not use, generate, store or dispose of any Hazardous Material (as defined below) on, under, about or within the Property in violation of any law or regulation. GRANTEE agrees to defend and indemnify GRANTOR, to the extent stated in Section 8, against any and all losses, liabilities, claims or costs arising from any breach of any warranty or agreement contained in this Section. As used in this Section, "Hazardous Material" means any substance, chemical or waste that is identified as hazardous, toxic or dangerous in any applicable federal, state or local law or regulation (including petroleum and asbestos). 8. INDEMNIFICATION. A. GRANTEE will hold GRANTOR harmless and free from any and all liability arising out of this Agreement, or its performance. Should GRANTOR be named in any suit, or should any claim be against it, by suit or otherwise, whether the same be groundless or not, arising out of this Agreement, or its performance, pursuant to this Agreement, GRANTEE will defend GRANTOR (at GRANTOR'S request and with counsel satisfactory to GRANTOR) and will indemnify it for any judgment rendered against it or any sums paid out in settlement or otherwise. B. For purposes of this section "GRANTOR" includes GRANTOR'S officers, officials, employees, agents, representatives, and volunteers. C. GRANTEE expressly agrees that this release, waiver, and indemnity agreement is intended to be as broad and inclusive as is permitted by the law of the State of California and that if any portion is held invalid, it is agreed that the balance will, notwithstanding, continue in full legal force and effect. LA #122629 v1 Page 3 of 8 �J D. The requirements as to the types and limits of insurance coverage to be maintained by GRANTEE as required by Section 9 below, and any approval of said insurance by GRANTOR, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by GRANTEE pursuant to this Agreement, including but not limited to the provisions concerning indemnification. 9. INSURANCE. A. Before commencing performance under this Agreement, and at all other times this Agreement is effective, GRANTEE will procure and maintain the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below: Type of Insurance Limits (combined single) Commercial general liability: $1,000,000 B. Commercial general liability insurance will meet or exceed the requirements of ISO -CGL Form No. CG 00 01 11 85 or 88. The amount of insurance set forth above will be a combined single limit per occurrence for bodily injury, personal injury, and property damage for the policy coverage. Liability policies must be endorsed to name GRANTOR, its officials, and employees as "additional insureds" but only to the extent of the liability assumed hereunder by GRANTEE under said insurance coverage and to state that such insurance will be deemed "primary" but only to the extent of the liability assumed hereunder by GRANTEE such that any other insurance that may be carried by GRANTOR will be excess thereto. Such insurance will be on an "occurrence," not a "claims made," basis. C Automobile coverage will be written on ISO Business Auto Coverage Form CA 00 01 06 92, or similar form for GRANTEE owned Autos D. GRANTEE will furnish to GRANTOR duly authenticated Certificates of Insurance and Endorsements evidencing maintenance of the insurance required under this Agreement as may be reasonably required by GRANTOR from time to time. Insurance must be placed with insurers with a current A.M. Best Company Rating equivalent to at least a Rating of "A:VII. or at Shell's option may be placed with a captive insurance company. 10. COMPLIANCE WITH LAW. GRANTEE will, at its sole cost and expense, comply with all of the requirements of all federal, state, and local authorities now in force, or which may subsequently be in force, pertaining to the Property and will faithfully observe in the use of the LA #122629 v1 Page 4 of 8 90 Property all applicable laws. The judgment of any court of competent jurisdiction, or the admission of GRANTEE in any action or proceeding against GRANTEE, whether GRANTOR be a party thereto or not, that GRANTEE has violated any such ordinance or statute in the use of the Property will be conclusive of that fact as between GRANTOR and GRANTEE. 11. NO IMPLIED WAIVER. The waiver by GRANTOR of the performance of any covenant or condition under this Agreement shall not invalidate this Agreement nor shall it be considered a waiver by such party of any other covenant or condition under this Agreement. 12. NOTICES. Except as otherwise expressly provided by law, all notices or other communications required or permitted by this Agreement or by law to be served on or given to either party to this Agreement by the other party will be in writing and will be deemed served when personally delivered to the party to whom they are directed, or in lieu of the personal service, upon deposit in the United States Mail, certified or registered mail, return receipt requested, postage prepaid, addressed to GRANTEE at: To GRANTEE at: Operations Manager Shell Pipeline Company LP 20945 S. Wilmington Ave. Carson, CA 90810 -1039 or to GRANTOR at: City Clerk City of El Segundo 350 Main Street El Segundo, CA 90245 Either party may change its address for the purpose of this Section by giving written notice of the change to the other party. 13. ACCEPTANCE OF FACSIMILE SIGNATURES. The Parties agree that agreements ancillary to this Agreement and related documents to be entered into in connection with this Agreement will be considered signed when the signature of a party is delivered by facsimile transmission. Such facsimile signature will be treated in all respects as having the same effect as an original signature. 14. GOVERNING LAW. This Agreement has been made in and will be construed in accordance with the laws of the State of California and exclusive venue for any action involving this Agreement will be in Los Angeles County. LA #122629 v1 Page 5 of 8 9 :i 15. PARTIAL INVALIDITY. Should any provision of this Agreement be held by a court of competent jurisdiction to be either invalid or unenforceable, the remaining provisions of this Agreement will remain in effect, unimpaired by the holding. 16. ENTIRE AGREEMENT. This instrument and its Attachments (including those referenced in Section 2) constitute the sole agreement between GRANTOR and GRANTEE respecting the Property, the use of the Property by GRANTEE, and correctly sets forth the obligations of GRANTOR and GRANTEE. Any agreement or representations respecting the Property not expressly set forth in this instrument are void. 17. CONSTRUCTION. The language of each part of this Agreement will be construed simply and according to its fair meaning, and this Agreement will never be construed either for or against either party. 18. AUTHORITY/MODIFICATION. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Agreement and to engage in the actions described herein. This Agreement may be modified by written agreement. COUNTERPARTS. This Agreement may be executed in any number or counterparts, each of which will be an original, but all of which together will constitute one instrument executed on the same date. This grant shall inure to the benefit of and be binding upon Grantor and Grantee, their administrators, successors and assigns. LA #122629 vl [SIGNATURES ON NEX PAGE] Page 6of8 ti► IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written. CITY OF EL SEGUNDO a general law City and municipal corporation Mary Strenn, City Manager ATTEST: Cindy Mortesen, City Clerk APPROVED AS TO FORM: Mark D. Hensley, City Attorney Karl H. Berger, Assistant City Attorney LA #122629 v1 SHELL CA ORNIA ELINE COMP LLC V. K. Hatley, Attorney in Fact Page 7 of 8 ti�� ACKNOWLEDGEMENT STATE OF TEXAS COUNTY OF HARRIS On November 18, 2003, before me, Connie J. Morrison, Notary Public, personally appeared V. K. Hatley, personally known to me to be the person whose name is subscribed to within this instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. oIEJ MORRISON ublic, State of Te xas Notary s Signal ssion Expires 09 07 05 94 File with: DOUGLAS STREET (2) Gap Closure /Grade Separation A.P.N. 4138- 010 -900 T.G. 732 (J3) I .M. 069 -157 Fourth District M02D6854 LEGAL DESCRIPTION PARCEL NO. 2 -2U: That portion of Lot 22, Tract No. 26557, as shown on map recorded in Book 675, pages 95 through 98, inclusive, of Maps, in the office of the Recorder of the County of Los Angeles, within the following described boundaries: Commencing at the most northerly corner of said lot; thence South 62 023'46" East, along the northeasterly line of said lot, a distance of 4.23 feet to a point, said point being the beginning of a non - tangent curve concave easterly and having a radius of 414.15 feet, a radial of said curve to said point bears North 75 023'44" West; thence southerly, along said curve, through a central angle of 4 023'34 ", an arc distance of 31.75 feet to a point, said last- mentioned point being the beginning of a non - tangent curve concave easterly and having a radius of 291.00 feet, a radial of said last- mentioned curve to said last- mentioned point bears North 75 036'44" West; thence southerly, along said last- mentioned curve, through a central angle of 25 003'44 ", an arc distance of 127.29 feet; thence non - tangent to said last- mentioned curve, South 22 029'23" East 34.57 feet to the beginning of a tangent curve concave northeasterly and having a radius of 350.00 feet; thence southeasterly, along said last- mentioned curve, through a central angle of 22 114'12 ", an arc distance of 135.84 feet; thence tangent to said last- mentioned curve South 44 043'35" East 10.47 feet to the TRUE POINT OF BEGINNING, said last- mentioned point also being the beginning of a non - tangent curve concave to the southwest and having a radius of 195.00 feet, a radial of said last- mentioned curve to said last- mentioned point bears North 30 °04'25 "East; thence southeasterly, along said last- mentioned curve, through a central angle of 10 144'00 ", an arc distance of 36.53 feet to the southeasterly line of said lot; thence northeasterly, along said southeasterly line, to a curve concentric with and 10 feet northeasterly, measured radially, from said curve described as having a radius of 195.00 feet; thence northwesterly, along said last- mentioned curve, through a central angle of 09 128'28 ", an arc distance of 33.90 feet; thence tangent to said last- mentioned curve, EXHIBIT A 95 Page 1 of 2 North 58 035'04 "West 40.90 feet to above - described curve having a radius of 350.00 feet; thence southeasterly, along said last- mentioned curve, and continuing southeasterly, along said course described as having a bearing and distance of South 44 043'35" East 10.47 feet to the TRUE POINT OF BEGINNING. Containing: 568± square feet. APPROVED AS TO DESCRIPTION �7U I , 2 DD3 couNrry OF LOS ANGELES By SU G CADASTRAL ENGINEER II Mapping and Property Management Division EXHIBIT A Page 2 of 2 96 Recorded by and return to: Shell Pipeline Company LP ATTN: Land & Permitting Section 1801 -A Petrol Road Bakersfield, CA 93308 NO DOCUMENTARY TRANSFER TAX. California Revenue & Taxation Code Sec. 11901 et. seq. EASEMENT AGREEMENT STATE OF CALIFORNIA COUNTY OF LOS ANGELES THIS EASEMENT AGREEMENT ( "Agreement ") is made and executed this 1 g day of ri O� , 2003, between the CITY OF EL SEGUNDO, a municipal corporation ( "GRANTOR "), and SHELL CALIFORNIA PIPELINE COMPANY LLC ( "GRANTEE "), a Delaware limited liability company. NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties hereto agree as follows: 1. GRANT OF EASEMENT; DESCRIPTION OF PROPERTY. GRANTOR grants to GRANTEE an easement for the VENTURA CRUDE OIL 10 -INCH PIPELINE, on the terms and conditions below, on a portion of real property and all adjoining lands of the GRANTOR to the Property, that is more particularly described in attached Exhibit "A" and incorporated by reference ( "Property "). 2. USE OF PROPERTY. A. GRANTEE may use the Property to lay and construct pipelines, not to exceed twelve (12) inches in diameter, together with connections, fittings and appurtenances (including, but not limited to, communications and electrical cables buried within the easement with necessary splice points below ground level, air patrol markers, valves, and corrosion control equipment) ( "Pipeline ") for the transportation of oil, petroleum or any of its products, gas, water or any other substance or substances associated therewith, in, on, over, along, through, upon, under and across the Property of the GRANTOR, and to operate, inspect, LA #122629 vl Page 1 of 8 97 maintain, preserve, protect, repair, renew, substitute, change the size of and remove or abandon the same; together with the right to do such clearing and to make such excavations, cuts and fills with mechanical and other appliances and equipment or otherwise, as may be reasonable necessary to the exercise of the rights herein granted; together with the right of ingress to and egress from and over the Property for the purposes aforesaid. B. GRANTEE, its employees, and agents, at any and all times when necessary, will have reasonable access to the Pipeline. However, GRANTEE must comply with all applicable laws and codes. 3. GRANTEE'S RESPONSIBILITIES. A. GRANTEE will submit engineering plans and specifications to GRANTOR for the installation of Pipeline B. GRANTEE will exercise the rights granted above in such manner as to interfere as little as may be practicable with the GRANTOR'S use and enjoyment of the Property. GRANTEE and its employees and agents may access the Pipeline, over such route as GRANTOR may designate or approve, for the purpose of exercising the rights granted above. C. If any public property is damaged by GRANTEE'S use of the easement, or for any other cause arising from GRANTEE'S operation of its Pipeline. GRANTEE will, at its own cost and expense, immediately repair any and all such damage and restore the Property or portion to as good condition as before such usage or cause of damage occurred. All such repair and restoration must be completed under the direction and satisfaction of GRANTOR. D. By accepting this Agreement, GRANTEE agrees to bury the Pipeline to a minimum depth of four (4) feet so as not to interfere with GRANTOR'S use of the Property, except where immovable rock is encountered, then the Pipeline must be buried not less than twenty -four (24) inches beneath the surface of the Property. E. The Pipeline installed pursuant to this Agreement must, when installed, lie within an easement ten (10) feet in width, the centerline of which easement will be the centerline of the as-built Pipeline. GRANTEE must evidence such designation by filing a written description of such centerline for record in the Los Angeles County Recorder's Office either before or after the commencement of any operations hereunder, but, in any event, within one (1) year from the date hereof. Grantee also has the right to reasonably use such temporary workspace as needed during construction and on going maintenance of the pipeline (in addition to the 10 foot wide strip). LA #122629 vl Page 2 of 8 • G 4. TERM. The easement granted in this Agreement will be a perpetual easement. 5. CONDEMNATION. If all or part of the Property is acquired by eminent domain or purchase in lieu thereof, GRANTEE acknowledges that it will have no claim to any compensation awarded for the taking of the Property or any portion thereof or for loss of or damage to GRANTEE's improvements. In the event of an eminent domain or sale proceeding, GRANTEE shall not lose its easement rights. GRANTOR shall guarantee such easement right to GRANTEE. 6. ALTERATIONS. GRANTEE will not make, or cause to be made, any alterations to the Property, or any part thereof, without GRANTOR's prior written consent. 7. HAZARDOUS /TOXIC WASTE. GRANTOR has not, nor, to GRANTOR's knowledge, has any third party used, generated, stored or disposed of, or permitted the use, generation, storage or disposal of, any Hazardous Material (as defined below) on, under, about or within the Property in violation of any law or regulation. GRANTEE agrees that it will not use, generate, store or dispose of any Hazardous Material (as defined below) on, under, about or within the Property in violation of any law or regulation. GRANTEE agrees to defend and indemnify GRANTOR, to the extent stated in Section 8, against any and all losses, liabilities, claims or costs arising from any breach of any warranty or agreement contained in this Section. As used in this Section, "Hazardous Material" means any substance, chemical or waste that is identified as hazardous, toxic or dangerous in any applicable federal, state or local law or regulation (including petroleum and asbestos). 8. INDEMNIFICATION. A. GRANTEE will hold GRANTOR harmless and free from any and all liability arising out of this Agreement, or its performance. Should GRANTOR be named in any suit, or should any claim be against it, by suit or otherwise, whether the same be groundless or not, arising out of this Agreement, or its performance, pursuant to this Agreement, GRANTEE will defend GRANTOR (at GRANTOR'S request and with counsel satisfactory to GRANTOR) and will indemnify it for any judgment rendered against it or any sums paid out in settlement or otherwise. B. For purposes of this section "GRANTOR" includes GRANTOR'S officers, officials, employees, agents, representatives, and volunteers. C. GRANTEE expressly agrees that this release, waiver, and indemnity agreement is intended to be as broad and inclusive as is permitted by the law of the State of California and that if any portion is held invalid, it is agreed that the balance will, notwithstanding, continue in full legal force and effect. LA #122629 v1 Page 3 of 8 1'l1►J D. The requirements as to the types and limits of insurance coverage to be maintained by GRANTEE as required by Section 9 below, and any approval of said insurance by GRANTOR, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by GRANTEE pursuant to this Agreement, including but not limited to the provisions concerning indemnification. 9. INSURANCE. A. Before commencing performance under this Agreement, and at all other times this Agreement is effective, GRANTEE will procure and maintain the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below: Type of Insurance Limits combined single) Commercial general liability: $1,000,000 B. Commercial general liability insurance will meet or exceed the requirements of ISO -CGL Form No. CG 00 01 11 85 or 88. The amount of insurance set forth above will be a combined single limit per occurrence for bodily injury, personal injury, and property damage for the policy coverage. Liability policies must be endorsed to name GRANTOR, its officials, and employees as "additional insureds" but only to the extent of the liability assumed hereunder by GRANTEE under said insurance coverage and to state that such insurance will be deemed "primary" but only to the extent of the liability assumed hereunder by GRANTEE such that any other insurance that may be carried by GRANTOR will be excess thereto. Such insurance will be on an "occurrence," not a "claims made," basis. C Automobile coverage will be written on ISO Business Auto Coverage Form CA 00 01 06 92, or similar form for GRANTEE owned Autos D. GRANTEE will furnish to GRANTOR duly authenticated Certificates of Insurance and Endorsements evidencing maintenance of the insurance required under this Agreement as may be reasonably required by GRANTOR from time to time. Insurance must be placed with insurers with a current A.M. Best Company Rating equivalent to at least a Rating of "A:VII. or at Shell's option may be placed with a captive insurance company. 10. COMPLIANCE WITH LAW. GRANTEE will, at its sole cost and expense, comply with all of the requirements of all federal, state, and local authorities now in force, or which may subsequently be in force, pertaining to the Property and will faithfully observe in the use of the LA #122629 vl Page 4 of 8 100 Property all applicable laws. The judgment of any court of competent jurisdiction, or the admission of GRANTEE in any action or proceeding against GRANTEE, whether GRANTOR be a party thereto or not, that GRANTEE has violated any such ordinance or statute in the use of the Property will be conclusive of that fact as between GRANTOR and GRANTEE. 11. NO IMPLIED WAIVER. The waiver by GRANTOR of the performance of any covenant or condition under this Agreement shall not invalidate this Agreement nor shall it be considered a waiver by such party of any other covenant or condition under this Agreement. 12. NOTICES. Except as otherwise expressly provided by law, all notices or other communications required or permitted by this Agreement or by law to be served on or given to either party to this Agreement by the other party will be in writing and will be deemed served when personally delivered to the party to whom they are directed, or in lieu of the personal service, upon deposit in the United States Mail, certified or registered mail, return receipt requested, postage prepaid, addressed to GRANTEE at: To GRANTEE at: Operations Manager Shell Pipeline Company LP 20945 S. Wilmington Ave. Carson, CA 90810 -1039 or to GRANTOR at: City Clerk City of El Segundo 350 Main Street El Segundo, CA 90245 Either party may change its address for the purpose of this Section by giving written notice of the change to the other party. 13. ACCEPTANCE OF FACSIMILE SIGNATURES. The Parties agree that agreements ancillary to this Agreement and related documents to be entered into in connection with this Agreement will be considered signed when the signature of a party is delivered by facsimile transmission. Such facsimile signature will be treated in all respects as having the same effect as an original signature. 14. GOVERNING LAW. This Agreement has been made in and will be construed in accordance with the laws of the State of California and exclusive venue for any action involving this Agreement will be in Los Angeles County. LA #122629 vl Page 5 of 8 101 15. PARTIAL INVALIDITY. Should any provision of this Agreement be held by a court of competent jurisdiction to be either invalid or unenforceable, the remaining provisions of this Agreement will remain in effect, unimpaired by the holding. 16. ENTIRE AGREEMENT. This instrument and its Attachments (including those referenced in Section 2) constitute the sole agreement between GRANTOR and GRANTEE respecting the Property, the use of the Property by GRANTEE, and correctly sets forth the obligations of GRANTOR and GRANTEE. Any agreement or representations respecting the Property not expressly set forth in this instrument are void. 17. CONSTRUCTION. The language of each part of this Agreement will be construed simply and according to its fair meaning, and this Agreement will never be construed either for or against either party. 18. AUTHORITY/MODIFICATION. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Agreement and to engage in the actions described herein. This Agreement may be modified by written agreement. COUNTERPARTS. This Agreement may be executed in any number or counterparts, each of which will be an original, but all of which together will constitute one instrument executed on the same date. This grant shall inure to the benefit of and be binding upon Grantor and Grantee, their administrators, successors and assigns. LA #122629 v1 [SIGNATURES ON NEX PAGE] Page 6 of 8 102 IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written. CITY OF EL SEGUNDO SHELL CALIFO IA PIP LINE a general law City and municipal corporation. COMP C Mary Strenn, V. K. Hatley, Attorney in Fact City Manager ATTEST: Cindy Mortesen, City Clerk APPROVED AS TO FORM: Mark D. Hensley, City Attorney 0 Karl H. Berger, Assistant City Attorney LA #122629 vi Page 7 of 8 103 ACKNOWLEDGEMENT STATE OF TEXAS C—GR I7-1 iOfU7 i�.v On November 18, 2003, before me, Connie J. Morrison, Notary Public, personally appeared V. K. Hatley, personally known to me to be the person whose name is subscribed to within this instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. F'o?"Avv P& , CONNIE J. MORRISON Notary Public, State of Texas .......F. My Commission Expires 09.07.05 Notary s Signat >,,�;,,��` 104 File with: DOUGLAS STREET (2) Gap Closure /Grade Separation A.P.N. 4138- 010 -010 T.G. 732 (J3) I.M. 069 -157 Fourth District M02D6854 LEGAL DESCRIPTION PARCEL NO. 2 -3U: Part A: That portion of that certain parcel of land in Lot 26, Tract No. 26557, as shown on map recorded in Book 675, pages 95 through 98, inclusive, of Maps, in the office of the Recorder of the County of Los Angeles, described as PARCEL 2 in deed recorded on March 1, 2001, as Document No. 01- 0337062, of Official Records, in the office of said recorder, within a strip of land 10 feet wide, the southwesterly sideline of said strip of land being described as follows: Commencing at a point in the northwesterly line of said lot, said point being distant North 42 030'32" East 37.97 feet, along said northwesterly line, from the most westerly corner of said lot; thence South 21 033'56" East 28.18 feet to a point, said last- mentioned point being the beginning of a non - tangent curve concave to the southwest and having a radius of 371.00 feet, a radial of said curve to said last - mentioned point bears North 49 049'43" East; thence southeasterly, along said curve, through a central angle of 15 021'24 ", an arc distance of 99.44 feet to a point on the southwesterly line of said lot, said last- mentioned point being distant southeasterly 121.11 feet, along said southwesterly line, from said most westerly corner; thence South 47 029'18 "East, along said southwesterly line, a distance of 43.89 feet to the most southerly corner of said PARCEL 2; thence northeasterly, along the southeasterly line of said PARCEL 2, a distance of 1.11 feet to a point on a curve concentric with and 20 feet northeasterly, measured radially, from said curve described as having a radius of 371.00 feet, said last- mentioned point also being the TRUE POINT OF BEGINNING; thence northwesterly, along said concentric curve, through a central angle of 25 020'40 ", an arc distance of 172.96 feet to said northwesterly line. EXHIBIT A Page 1 of 2 105 The northeasterly sideline of the above - described 10 -foot strip of land shall be shortened southerly and northwesterly so as to terminate in said southeasterly and northwesterly lines, respectively. Part B: That portion of above - mentioned Lot 26 within the following described boundaries: Beginning at the most southerly corner of above - mentioned PARCEL 2; thence North 47 029'18 "West, along the southwesterly line of said lot, a distance of 14.14 feet; thence North 9 029'34 "West 32.22 feet to the southwesterly sideline of that 10- foot strip of land in above - described Part A; thence southeasterly, along said southwesterly sideline, to the southeasterly line of said PARCEL 2; thence southwesterly, along said southeasterly line, to the point of beginning. Total area of PARCEL NO. 2 -31J, having two parts, containing: 1907± square feet. APPROVED AS TO DESCRIPTION �_Iuly 1 ,2bc)s COUNTY OF LOS ANGELES By � SUP CADASTRAL ENGINEER 11 Mapping and Property Management Division EXHIBIT A Page 2 of 2 106 x 1r. V 7 I 7 -V ' or . V � C D T � s (/� N / u• I Oz a r -i I N f20 m 2 CD 17j v C N n D a 75 Z0/ 10 w C 0 L m ✓1 2 Q . •/ N �/ 9 C O a N �[ 9 0 V1 m z m <0 iAO m r. �] / az ° �� RP CO / 2s�O N _m /( / O 7c m b y —i � I m o O y 1 ... z 1 / t11 r'n Qia (T _O N w z I % O T N d Ln 10 r N 9 m `" I N m I N p N Ln V' l J y � a a m 20 O o = N N k m m m N O N 20 \\ T co Nj z m O C r co �C I G 20 co I i tU( EL SEGUNDO CITY COUNCIL MEETING DATE: December2, 2003 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action to adopt a resolution amending Resolution No. 4162 regarding street sweeping in the 200 block of West Mariposa Avenue and the 500 blocks of Richmond Street and Concord Street — (no fiscal impact). RECOMMENDED COUNCIL ACTION: Recommendation — (1) Adopt resolution; (2) Alternatively discuss and take other action related to this item. BACKGROUND & DISCUSSION: The El Segundo Public Library and the Richmond Street School have recently expressed concerns regarding lack of street parking around their facilities for both employees and patrons. Currently, both sides of Mariposa Avenue between Concord and Richmond Streets, Concord and Richmond Streets between Pine and Mariposa Avenues have street sweeping parking restrictions on the same day and time. These streets are also used by the school and Library patrons for vehicle parking. The Traffic Committee recommends street sweeping at the above locations be done on alternate days to improve the existing street parking situation. The enclosed resolution will authorize staff to implement the above recommendations. ATTACHED SUPPORTING DOCUMENTS: 1. Resolution amending Resolution No. 4162. 2. Location map. FISCAL IMPACT: None. Capital Improvement Program: Amount Requested: Account Number: Project Phase: Appropriation Required: r - ORIGINAT�Y: , DATE: November 25, 2003 Davi ohn , Interim Director of Pu lic Works REVIEWED Mary Sfrerir&Oity Manager DATE: '/ 0,� 20031202 — Adopt a Resolution Amending Resolution No 4162 Regarding Street Sweeping — 200 Block of West Manposa Avenue and the 500 Blocks of Richmond and Concord Streets 108 RESOLUTION NO. A RESOLUTION AMENDING RESOUTION NO. 4162 REGARDING STREET SWEEPING IN THE 200 BLOCK OF WEST MARIPOSA AVENUE, AND THE 500 BLOCKS OF RICHMOND STREET AND CONCORD STREET. The City Council of the City of El Segundo does resolve as follows: SECTION 1. Subsection 1.4 of the "No Parking — Street Sweeping Schedule" is amended to read as follows: 1.4.140 MARIPOSA AVENUE: Hillcrest Street to Concord Street: 8:00 A.M. to 11:00 A.M. Tuesday North side Concord Street to Richmond Street: 8:00 A.M. to 11:00 A.M. Tuesday South side Concord Street to Richmond Street: 8:00 to 11:00 A.M. Wednesday 1.4.50 CONCORD STREET: El Segundo Boulevard to Pine Avenue: 8:00 A.M. to 10:00 A.M. Wednesday East side Pine Avenue to Mariposa Avenue: 8:00 A.M. to 10:00 A.M. Wednesday West side Pine Avenue to Mariposa Avenue: 8:00 A.M. to 10:00 A.M. Thursday 1.4.195 RICHMOND STREET: Holly Avenue to Pine Avenue: 8:00 A.M. to 10:00 A.M. Wednesday East side Pine Avenue to Mariposa Avenue: 8:00 A.M. to 10:00 A.M. Thursday West side Pine Avenue to Mariposa Avenue: 8:00 A.M. to 10:00 A.M. Wednesday SECTION 2. The City Clerk is directed to certify the adoption of this Resolution; record this Resolution in the book of the City's original resolutions; and make a minute of the adoption of the Resolution in the City Council's records and the minutes of this meeting. SECTION 3. This Resolution will become effective immediately upon adoption and will remain effective until superseded by subsequent resolution or ordinance. PASSED, APPROVED and ADOPTED this 2nd day of December, 2003. Mike Gordon, Mayor of the City of El Segundo, California ResoluoonsV+menduq ResolWOn 4102 Regarding Street Sweeping in the 200 Block of West Manposa Avenue and the 500 Blocks of Richmond and Concord Streets 109 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) SS CITY OF EL SEGUNDO ) I, Cindy Mortesen, City Clerk of the City of El Segundo, California, hereby certify that the whole number of members of the City Council of the City is five; that the foregoing Resolution No. 4162 was duly passed and adopted by said City Council, approved and signed by the Mayor of said City, and attested to by the City Clerk of said City, all at a regular meeting of said Council held on the 2nd day of December, 2003, and the same was so passed and adopted by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Cindy Mortesen, City Clerk APPROVED AS TO FORM: Mark D. Hensley, City Attorney 0 Karl H. Berger Assistant City Attorney ResoluoonMAmendmp Resolution 4162 Regarding Street Sweeping in the 200 Bock i (� of West Manposa Avenue and the 500 Blocks of Richmond and Concord Streets 1 1 v � M ti W \ I O W I AlNn07 S3139NV SIDI AAId 3NMOHlAVH �O A110 ca y Z I uAle 09310 NVs z ~ a lI da3N31j dl . W 0 I � 3Atl 5151 \\ OA18 11OI1r1Ar 0pun0 113 1903 10 AVIL t 13NYON F 1 O Y Y NM a. 3Ar J a Sr19n00 OON06311 Yp 101100 Z t 3 � 1rY07 O v I i rMwl AM OY A3lnO W \ 1V1NiNu i I m 3NIl N33tl`J i Otl13W 3 rt 15 OilOdr' ir H - 1S —r �r —► HSYN Z i s —� g AM 711ryd It HsrN L) y d W J > (31VAO1d) 1V N3NLLl100 yL; AVM \ m AVM S349nH - -- 0 O3111V z z = r _• S i yI \ a a W S 1tlOd10V 'Ohio u = ~ O) U 1S 1N13S .� = cc w 7 F a I, u w 1. A1, 11 S£1 m `�\ z f r03Alnd3s a MOIL S£1 ' IlIO U. 17 ®Q I vm"oNI M _ 3M NI 15 SIONIIII Lam! 7At Illi U. '3 AV 3NId 15 NOISNIHStlM 3M 1n :',VA1 oar ==HM W ° �. 15 Sr SN ►N I •11135NIOd 15 rINYOdl lr7 10 7M N'1rd U S YOdllr7 < 15 N00310 m ��— Ad 31dVN oaa� rOrA3N P ► C 3M MMOW s Q� Y U ,�Ar 13rn ►1 �� ❑ j 15 cc Y31N3] (�) T' J O � ® �7r6' ' , I = W LS ONrIAYVN ¢ I VY A3Nrn011 T 4 = rLN01 15 rLN01 � I y I ®® 1S VYY315 O , 413, I 17 A r7ON = O 1 ❑❑ ❑ ® 1S NN3d ¢ UY 3N7Nr19 J is N0113111 ® U f ® - 15 Vm--pa u -1V11J` p M - W N a v c In O R9401 BB�e a 1S OtlrONrli � e N � 15 NItN r N Ne /rte BB e J Q } y W is aeoNN]la YO NO 15 GY03NO3 U O f �e 15 rlNla tllA O 15 UR is risen rn01 WHOI = ❑" J ]EEP[][j1E3E31=1 = 15 Lam- 1 tl lIN =a ` W f W71�— C 153Nn0 cls r33nA MAP ,\ LL A�upun0g 4110 Item ��S O J P,NC'E >` W OE O a In O QF e� O O s `\j J`S Z o J u v U a EL SEGUNDO CITY COUNCIL AGENDA ITEM STATEMENT AGENDA DESCRIPTION: MEETING DATE: December 2, 2003 AGENDA HEADING: Consent Agenda Consideration and possible action to adopt a resolution amending Resolution No. 4162 regarding the installation of 4 -way stop signs at the intersection of Holly Avenue and Bungalow Drive — (no fiscal impact). RECOMMENDED COUNCIL ACTION: Recommendation — (1) Adopt resolution; (2) Alternatively discuss and take other action related to this item. BACKGROUND & DISCUSSION: (Background & discussion begins on the next page....) ATTACHED SUPPORTING DOCUMENTS: 1. Resolution amending Resolution No. 4162. 2. Location map. FISCAL IMPACT: None. Capital Improvement Program: Amount Requested: Account Number: Project Phase: Appropriation Required: ORIGIFe : DATE: November 25, 2003 David , Interim Director of Public Wor s REVIEWED. BY: r DATE: Mary Strenfl Manager 20031202 — Adopt a Resolution Amending Resolution No 4162 Regarding Installation of 4 -way Stop Signs at Holly Avenue and Bungalow Drive 12 114 BACKGROUND & DISCUSSION: The City Traffic Committee, consisting of staff from the Police and Public Works Departments, has reviewed a request for the installation of 4 -way stop signs at the intersection of Bungalow Drive and Holly Avenue. The intersection of Holly Avenue and Bungalow Drive currently has stop signs for the Bungalow Drive traffic. The Traffic Committee performed a technical warrant analysis based on accident history and traffic volumes at this intersection. This analysis did not provide the technical justification for 4- way stop signs. Field investigation of the intersection indicated that sight distance for the southbound Bungalow Drive street traffic can be helped by installing stop signs for the Holly Avenue traffic. Additionally, it was observed that the intersection is heavily used as a morning drop -off and an afternoon pickup location for students attending the Center Street Middle School one (1) block east of the intersection. The Traffic Committee recommends installation of 4 -way stop signs at the intersection to mitigate the additional concerns even though the intersection did not satisfy the warrants required to provide technical justification. The enclosed resolution will authorize staff to implement the above recommendations. 20031202 — Adopt a Resolution Amending Resolution No 4162 Regarding Installation of 4 -way Stop Signs at Holly Avenue and Bungalow Drive 1 i RESOLUTION NO. A RESOLUTION AMENDING RESOUTION NO. 4162 REGARDING THE INSTALLATION OF 4 -WAY STOP SIGNS AT THE INTERSECTION OF HOLLY AVENUE AND BUNGALOW DRIVE The City Council of the City of El Segundo does resolve as follows: SECTION 1: Subsection 5.55 of the "through streets and stop intersections" is amended to read as follows: Holly Avenue: Bungalow Drive; all entrances SECTION 2. The City Clerk is directed to certify the adoption of this Resolution; record this Resolution in the book of the City's original resolutions; and make a minute of the adoption of the Resolution in the City Council's records and the minutes of this meeting. SECTION 3. This Resolution will become effective immediately upon adoption and will remain effective until superseded by subsequent resolution or ordinance. PASSED, APPROVED and ADOPTED this 2nd day of December, 2003. Mike Gordon, Mayor of the City of El Segundo, California ResolubonsWAmending Resolution 4162 - 4-way Stop Signs at Holly Avenue and Bungalow Dnve 114 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) SS CITY OF EL SEGUNDO ) I, Cindy Mortesen, City Clerk of the City of El Segundo, California, hereby certify that the whole number of members of the City Council of the City is five; that the foregoing Resolution No. 4162 was duly passed and adopted by said City Council, approved and signed by the Mayor of said City, and attested to by the City Clerk of said City, all at a regular meeting of said Council held on the 2nd day of December, 2003, and the same was so passed and adopted by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Cindy Mortesen, City Clerk APPROVED AS TO FORM: Mark D. Hensley, City Attorney am Karl H. Berger Assistant City Attorney ResolutionMAnnendig Resolution 4162 — 4 -way Stop Signs at Holly Avenue and Bungalow Dnve 115 1n W 0 W 1, F Z Q U H O N AiN(100 S3139NV S0I AAN3 3Na0H1MVH d0 A110 O ^la 00310 Nvg VD'lN3la Vl �, u � Y N 6 N 6 N N G 3AV a U I W U O U Q a NOIlVIAV 3AVOON003L AVM MMVd S V Q W to 2 Q F F Q S \ 2 VO3Alnd3S - 3AV MVO :3AV N13 W O .3M 3NId :3M 1nNlV/1 y "YIll76N10d F' :3AV WlVd U :'3AV 7ld VII 3M aldlaVd =7AV 13YnVl :'014 A3NWnOld : °Y 3112MV18 ,e tn N r fA H z J V fA O 0 Z 0 W LL (n O J W CL a LL � o r T e O II� r` i c� M 2 W 111 EL SEGUNDO CITY COUNCIL MEETING DATE: December2, 2003 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action to award a contract to Horizon Mechanical for installation of a chlorination system and eye wash at the Urho Saari Swim Stadium — (Contract amount $26,487). RECOMMENDED COUNCIL ACTION: Recommendation — (1) Award contract to Horizon Mechanical in a form approved by the City Attorney; (2) Alternatively discuss and take other action related to this item. BACKGROUND & DISCUSSION: On June 17, 2003, the City Council authorized staff to advertise the project to install a new chlorination system to replace the existing 20 year old gas chlorination system to meet current Fire Department safety standards. The new system will eliminate the use of gas chlorine and replace it with a system using dry calcium hypochlorite in briquette form. No bids were received on the bid opening date of October 7, 2003, even though six (6) contractors had received the bid documents under Public Works contract requirements. Since no bids were received, staff solicited bids from the contractors under an informal bidding process. On October 18, 2003, one (1) bid was received from Horizon Chemical for $26,487. Horizon received a good recommendation from the manufacturer of the chlorination equipment. Another late bid received from Advanced Pools and Spa at the City Clerk's office after the scheduled bid opening deadline of 11:00 a.m. was not accepted for further consideration. ATTACHED SUPPORTING DOCUMENTS: None. FISCAL IMPACT: Facilities Maintenance Program: $427,750 Amount Requested: $ 26,487 Account Number: 405 - 400 - 0000 -6215 Project Phase: Award of contract Appropriation Required: No r of Pu is Works 20031202 — Award Contract to Horizon Mechanical for Installation of a Chlorination System at Urho Swim Stadium 13 1�r-1 EL SEGUNDO CITY COUNCIL MEETING DATE: December 2, 2003 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action regarding acceptance of the 2002 -2003 Slurry Seal of various streets – Approved Capital Improvement Program – Project No. PW 03 -06 – (Final contract amount = $124,704.86). RECOMMENDED COUNCIL ACTION: Recommendation – (1) Accept the work as complete; (2) Authorize the City Clerk to file the City Engineer's Notice of Completion in the County Recorder's Office; (3) Alternatively discuss and take other action related to this item. BACKGROUND & DISCUSSION: On June 17, 2003, the City Council awarded a contract in the amount of $123,466.54 to Roy Allan Slurry Seal for the 2002 -2003 Slurry Seal Program. The work included application of an asphalt slurry seal coating on various streets within the commercial area bounded by Sepulveda Boulevard, Imperial Highway, Aviation Boulevard and Rosecrans Avenue. The final contract amount, based on actual measured quantities, is $124,704.86. ATTACHED SUPPORTING DOCUMENTS: 1. Notice of Completion. 2. Location map. FISCAL IMPACT: Capital Improvement Program: $150,00000 Amount Requested: $124,704.86 Account Number: 001- 400 - 4202 -6206 Project Phase: Acceptance of work Appropriation Required: No ORIGIN BYE DATE: November 25, 2003 David s n, terim Director of P ub crks REVIEWED Mary Strenr City Manager DATE: VO -? 20021202 — Acceptance of the 2002 -03 Slurry Seal of Various Streets — PW 03-06 14 .l. l Recording Requested by and When Recorded Mail To: City Clerk, City Hall 350 Main Street El Segundo, CA 90245 NOTICE OF COMPLETION OF CONSTRUCTION PROJECT Project Name: 2002 -2003 Slurry Seal of Various Streets Project No.: PW 03 -06 Notice is hereby given pursuant to State of California Civil Code Section 3093 et seq that: 1. The undersigned is an officer of the owner of the interest stated below in the property hereinafter described. 2. The full name of the owner is: City of El Segundo 3. The full address of the owner is: City Hall, 350 Main Street, El Segundo, CA, 90245 4. The nature of the interest of the owner is: Public street right -of -way 5. A work of improvement on the property hereinafter described was field reviewed by the City Engineer on October , 2003. The work done was: Slurry seal of streets. 6. On November 5, 2003, the City Council of the City of El Segundo accepted the work of this contract as being complete and directed the recording of this Notice of Completion in the Office of the County Recorder. 7. The name of the Contractor for such work of improvement was: Roy Allan Slurry Seal 8. The property on which said work of improvement was completed is in the City of El Segundo, County of Los Angeles, State of California, and is described as follows: Various streets. 9. The street address of said property is: Not applicable Dated: Bellur K. Devaraj City Engineer VERIFICATION I, the undersigned, say: I am the City Engineer of the City El Segundo, the declarant of the foregoing Notice of Completion; I have read said Notice of Completion and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury the foregoing is true and correct. Executed on , 2003 at El Segundo, California. M6cellaneouaWauce of Complaton - PW 03-09 Bellur K. Devaraj, City Engineer 119 e O W I "NnOJ S3"130NV S0� AMd 3NlIOH1MVH d0 1110 >- Z 1 OA18 O'J310 NVS T03N31, b1 U N u O n � N n 4 N• • e 5 m w p 3AY ! 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(Fiscal Impact: $1,250.00) RECOMMENDED COUNCIL ACTION: 1) Accept the donation of the Chevrolet Suburban from the Hughes Electronics Corporation; 2) Approve budget for maintenance of the vehicle for the remainder of FY 2003/04; 3) Alternatively, discuss and take other action related to this item. BACKGROUND & DISCUSSION: The El Segundo Police Department was recently notified by a representative of Hughes Electronics Corporation that they wish to donate one 2003 Chevrolet Suburban to the organization. This vehicle, once equipped, would be utilized during tactical situations, protracted critical incidents, SWAT /CNT call -outs, and for specialized enforcement details. Equipment for this vehicle would be purchased with funds from the existing Citizen's Option for Public Safety (COPS) grant. As the vehicle is low mileage, it is covered under the manufacturers warranty, and as it is not to be used on a regular basis, maintenance costs should be minimal. ATTACHED SUPPORTING DOCUMENTS: Staff Report Copy of Letter from Hughes Electronics Corporation FISCAL IMPACT: Operating Budget: $000 Amount Requested: $1,25000 Account Number: 109 -400- 3105 -6241 Appropriation Required: X Yes _ No ORIGI ED BY: DATE: Vckyt, C - f of Police REVIEWED BY: Mary enn, City Manager ' 121 15 City of E1 Segundo Inter - Departmental Correspondence November 19, 2003 To: Mary Strenn, City Manage From: Jack Wayt, Chief of Poli Subject: Acceptance of Donated Ve icle Proposal: Hughes Electronics Corporation has offered to donate a 2003 Chevrolet Suburban to the El Segundo Police Department for the purpose of supporting operations during significant incidents. Background: I was recently contacted by Mr. Clint Howard, Chief of Corporate Security for Hughes Electronics Corporation regarding the donation of a 2003 Chevrolet Suburban to the Police Department. Hughes Electronics is a wholly owned subsidiary of General Motors and it is their intent that the vehicle be utilized during critical incidents to supplement and enhance existing vehicles and equipment platforms. The vehicle has low mileage, it has been maintained to factory specifications and the vehicle is covered for the duration of the manufacturers warranty. Maintenance costs would be minimal, as the vehicle would not be used on a daily basis. Fuel and routine service expenditures would amount to an estimated $1,250.00 annually. The existing Asset Forfeiture Vehicle Maintenance account would be utilized to support the operation of this vehicle. Recommendation: Accept the donation of the 2003 Chevrolet Suburban. Attachments: Correspondence from Hughes Electronics 124. November 7, 2003 Chief Jack Wayt El Segundo Police Department 348 Main St. El Segundo, CA 90245 Chief Wayt Hughes Electronics Corporation, a wholly owned subsidiary of General Motors Corporation, is headquartered here in El Segundo. Like everyone, we watched the wildfires of the last few weeks and felt the pain of the victims who lost life and property. Last week we made a contribution to the California Community Foundation Wildfire Relief Fund for the benefit of the victims of those fires. We are confident those funds will be used to aid the many people in need. In addition, we would like to do something more `personal' to show our gratitude to the firefighters and police officers who daily commit themselves to protecting our cities and neighborhoods. We, and General Motors, would like to donate a 2003 Chevrolet Suburban to the El Segundo Police Department to be used as a command vehicle for significant incidents. We recognize this as a symbolic gesture and hope it is accepted as a token of our appreciation for all the hard work of the federal, state, and local law enforcement officials in California during major events like these fires. We will equip the truck with our DIRECWAY satellite internet access hardware. This will allow your officers high speed internet access from anywhere in the city. We know how important constant communications is in times or emergency and believe this unit should provide excellent capability from all your areas of responsibility. Sincerely, Jack A. Shaw CEO Hughes Electronics a 23 EL SEGUNDO CITY COUNCIL MEETING DATE: December 2, 2003 AGENDA ITEM STATEMENT AGENDA HEADING: New Business AGENDA DESCRIPTION: Consideration and possible action regarding adoption of a resolution recognizing the need for a proactive program that will ensure the replacement of damaged or unusable sewer laterals during the development process of private property. RECOMMENDED COUNCIL ACTION: Recommendation — (1) Adopt resolution; and (2) Alternatively, discuss and take other action related to this item. BACKGROUND & DISCUSSION: A property's sewer lateral is the sewage waste pipe that connects the building to the City's sewer main located in the public street or alley. In the past 75 years the typical material used to construct the sewer laterals was vitrified clay pipe. Due to the age of the some of the sewer laterals, several of them have collapsed or have become unusable causing the sewage to back up onto the property and causing damage to the interior of the structure. Other Due to current economic market conditions, several properties have expanded or changed ownership within the last couple of years with no evaluation of the condition of the existing sewer lateral. Currently, the California Plumbing Code (CPC) is used by the City to regulate the installation and alteration of plumbing systems and fixtures. The CPC gives authority to the City's Building Official to request that existing sewer laterals are tested or verified to determine their current condition and if they are suitable for continued use when the structure is expanded or altered. The inspection of an existing sewer lateral is typically done with a video camera that enters the one end of the sewer lateral and travels to the other end, video taping the condition of the pipe along the way. (continued on next page) ATTACHED SUPPORTING DOCUMENTS: Resolution 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: evQ "W _ It / z-¢/ 43 Jo/me s, Director of Community, Economic and Development Services R WED Y: DATE: �i� 16 Mary trenn, City Manager 3 1214 BACKGROUND & DISCUSSION: (continued) The City's current program has only affected new development. Typically a property owner who builds a new structure would be required to replace the sewer lateral. The current program does not affect smaller projects such as remodels or room additions. Subject to adoption of the resolution by the Council, staff will begin a proactive program that will require property owners to first determine the condition of their sewer lateral prior to development or alteration of a structure. The program will focus on projects that increase the number of plumbing fixtures connected to the sewer lateral. If the existing sewer lateral is found in an acceptable condition, then its current use may continue. If the sewer lateral is found to be in poor condition, then an order would be issued by the Building Official to replace the sewer lateral during the development process. Staff recommends that City Council approve a resolution recognizing the need for a proactive program that will ensure the replacement of damaged or unusable sewer laterals during the development process of private property. PROGRAM In general, the program will affect properties that increase the number of plumbing fixtures connected to the sewer lateral (i.e. toilets, showers, sinks). A typical development project would require construction documents to be submitted to the City for review and approval prior to obtaining a building permit. When the applicant submits plans to the Community, Economic and Developments Services Department, a form will be distributed to determine whether the existing sewer lateral needs to be further investigated to establish it's condition. The following is an example of the questions that will be asked the applicant: 9. Will the existing sewer lateral be replaced? • If YES, then the requirement is satisfied. • If NO, then question 2. applies. 2. Will there be an increase in the number of plumbing fixtures discharged to the sewer lateral (i.e. an increase in the number of toilets, sinks, showers, or tubs)? • If YES, then the existing sewer lateral shall be inspected by video and submitted to the Building Safety Division for review. • If NO, then the requirement is satisfied. If the existing sewer lateral is required to be inspected by video, then the video tape will be submitted to the city Building Official for determination if the existing sewer lateral is acceptable for continued use or needs to be replaced. COST IMPACT There is very little cost to the City besides staff time for review of the video. The applicant will carry a majority of the cost. The cost of the video inspection is approximately $200 to $300. The cost to replace a damaged sewer lateral usually ranges from $3,000 to $12,500. 125 RESOLUTION NO. A RESOLUTION AUTHORIZING THE BUILDING OFFICIAL TO REQUIRE APPLICATIONS SEEKING PERMITS FOR CONSTRUCTION PROJECT TO VERIFY THE INTEGRITY OF EXISTING SEWER LATERALS OR REPLACE DEFECTIVE SEWER LATERALS IN COMPLIANCE WITH THE CITY'S NPDES PERMIT. BE IT RESOLVED by the Council of the City of El Segundo as follows: SECTION 1: The City Council finds as follows: A. The Federal Water Pollution Control Act (33 U.S.C. §§ 1251 -1387; "Clean Water Act" or "CWA "), as implemented by the United States Environmental Protection Agency ( "EPA "), requires that the city adopt plans and programs for water quality management; B. The CWA prohibits the discharge of any Pollutant to waters of the United States from a point source unless the discharge is authorized by a permit issued pursuant to the National Pollutant Discharge Elimination System ( "NPDES ") required by 33 U.S.C. § 1342; C. The Regional Water Quality Control Board, Los Angeles Region ( "RWQCB -LA "), issued "Order No. 01 -182 NPDES Permit No Cas004001 Waste Discharge Requirements For Municipal Storm Water And Urban Runoff Discharges Within The County Of Los Angeles And The Incorporated Cities Therein, Except The City Of Long Beach" (the "2001 Permit ") on December 13, 2001, to cities in Los Angeles County, including the City of El Segundo; D. The City of El Segundo is a permittee under the 2001 Permit and therefore is required by federal and state law to implement all requirements of the 2001 Permit; E. Under the California Constitution and the California Government Code, the City of El Segundo has authority to define public nuisances and to protect the public health and safety of the residents of and visitors to the City of El Segundo, and the environment, by abating public nuisances; F. The City of El Segundo has authority under the California Water Code to adopt and enforce ordinances imposing conditions, restrictions, and limitations with respect to any activity which might degrade the quality of waters of the state; G. Further, the California Plumbing Code ( "CPC "), as adopted by the El Segundo Municipal Code ( "ESMC "), allows the City's Building Official to Page 1 of 4 12 6 ensure that the integrity of plumbing systems throughout the City appropriately protect the public health and safety; H. The City Council is obligated to take prudent steps to protect the City's property and its funds and taxpayers from exposure to liability, including the potentially enormous costs of litigation regarding natural resources allegedly damaged by pollutants allegedly transported through the City's storm water and sewer systems; I. Much of the City's housing stock was built before modern plumbing materials were used in construction. Consequently many sewer laterals that connect private homes with the public sewer mains are constructed of vitrified clay pipe; J. These types of sewer laterals are susceptible to damage through natural and human. Breaks or collapses in such laterals can lead to sewage backups that damage public and private property; K. In addition, if not properly cleaned, such backups endanger public health and safety; and L. It is in the public interest for the City to require persons seeking City approvals for construction projects to ensure that existing sewer laterals remain intact and properly serve the properties upon which they are located. If not, such sewer laterals should be replaced with modern plumbing materials. SECTION 2. The City Manager, Building Official, or their designees, may impose conditions of approval on construction projects that require persons seeking City approvals for such projects to verify the integrity of sewer laterals. Such conditions must be reasonably related to the type of construction project being proposed and may include, without limitation, the following: A. Videotaping the sewer lateral to demonstrate that it continues to be in good working order; B. Submitting documentation demonstrating that the sewer lateral was replaced with modern materials within a defined time period and continues to properly service the subject property; C. Demonstrating that the proposed construction project does not add plumbing fixtures which would increase the burden on an existing sewer lateral and the lateral would not otherwise be affected by the proposed project; and D. Providing such additional information as required by the Building Official showing that an existing sewer lateral can continue servicing a property. Page 2 of 4 ' Z SECTION 3: If, in the Building Officials opinion and based upon reasonable evidence, a sewer lateral should be replaced, then the Building Official may require such replacement before issuing City permits authorizing a construction project. The Building Official's decision may be appealed in accordance with the ESMC. SECTION-A. The City Manager is authorized to promulgate administrative policies and procedures to implement the purpose of this Resolution. SECTION 5: This Resolution is exempt from review under the California Environmental Quality Act (Cal. Pub. Res. Code §§ 21000, et seq.; "CEQA") and CEQA regulations (Cal. Code Regs. tit. 14, §§ 15000, et seq.) pursuant to CEQA Division 13, Chapter 3 (commencing with § 21100), and CEQA regulations under categorical exemption classes 1, 4, 5, 7, 8, 9, and 21 (Cal. Code Regs. Tit. 14, §§ 15301- 15329) because establishes regulations that help ensure the maintenance, restoration and enhancement of a natural resource and establishes procedures for further protection of the environment. SECTION 6: This Resolution will become effective immediately upon adoption and will remain effective unless repealed or superseded. SECTION 7: The City Clerk will certify to the passage and adoption of this Resolution; will enter the same in the book of original Resolutions of said City; and will make a minute of the passage and adoption thereof in the record of proceedings of the City Council of said City, in the minutes of the meeting at which the same is passed and adopted. PASSED AND ADOPTED this day of , 2003. Mike Gordon, Mayor Page 3 of 4 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I, Cindy Mortesen, City Clerk of the City of El Segundo, California, hereby certify that the whole number of members of the City Council of the City is five; that the foregoing Resolution No. was duly passed and adopted by said City Council, approved and signed by the Mayor of said City, and attested to by the City Clerk of said City, all at a regular meeting of said Council held on the day of , 2003, and the same was so passed and adopted by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Cindy Mortesen, City Clerk APPROVED AS TO FORM: Mark D. Hensley, City Attorney Karl H. Berger Assistant City Attorney Page 4 of 4