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2004 AUG 17 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, AUGUST 17, 2004 — 7:00 P.M. 5:00 P.M. SESSION (Adjourn to 7: 00 P.M. Session) 7:00 P.M. SESSION CALL TO ORDER Next Resolution # 4385 Next Ordinance # 1376 INVOCATION — Bishop Michael Briney of Church of Jesus Christ of Latter Day Saints PLEDGE OF ALLEGIANCE — Council Member Jim Boulgarides 001 PRESENTATIONS - 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 Recommendation - Approval. B. SPECIAL ORDERS OF BUSINESS 1. Consideration and possible action to conduct a continued public hearing for the purpose of introducing the ordinances and scheduling a second reading of ordinances increasing the amounts for water and wastewater rates. Recommendation: (1) Conduct continued public hearing and receive public testimony; (2) Introduce ordinances and read by title only; (3) Schedule second reading of ordinances for September 7, 2004; (4) Alternatively, discuss and take other action related to this item. 2. Consideration and possible action to conduct a public hearing regarding a Resolution of the City of El Segundo, California, finding the City to be in conformance with the annual Congestion Management Program (CMP) and adopting the annual CMP Local Development Report, in accordance with California Government Code Section 65089. Recommendation - (1) Hold Public Hearing; (2) Read Resolution by title only; (3) Adopt Resolution; (4) Alternatively, discuss and take other action related to this item. 2 002 C. UNFINISHED BUSINESS 3. Consideration and possible action regarding Contract Amendment No. 2 to a contract (no. 3257) with Christopher A. Joseph & Associates to prepare a Project/Program Environmental Impact Report (EIR) with an expanded scope of services for the development of land owned by Honeywell and several other property owners located at the northeast corner of Rosecrans and Sepulveda and; a professional services contract with Harris & Associates to provide professional engineering services to verify the capital costs of public infrastructure for the project. The amount of the contracts are $161,447 and $14,900, respectively. The applicant of the project will pay the full amount of the contract. Recommendation — (1) Authorize City Manager to execute Contract Amendment No. 2 in a form to be approved by the City Attorney with Christopher A. Joseph & Associates for an expanded scope of services in an amount not to exceed $473,230; (2) Authorize City Manager to execute a contract in a form to be approved by the City Attorney with Harris & Associates for professional engineering services in an amount not to exceed $14,900; (3) Alternatively, discuss and take other action related to this item. D. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS 4. Consideration and possible action to award management contract for El Segundo Senior Housing complex, Park Vista, 615 E. Holly Avenue, El Segundo, to Cadman Group Real Estate Management and Consulting. Recommendation — (1) Approve Senior Housing Board recommendation to award Park Vista Senior Housing management contract to Cadman Group Real Estate Management and Consulting; (2) 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. 5. Warrant Numbers 2542225 to 2542520 on Register No. 21 in the total amount of $2,898,874.01 and Wire Transfers from 7123/04 through 8/5/04 in the total amount of $360,165.41. 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. 3 003 6. City Council Meeting Minutes of August 3, 2004 Recommendation — Approval. 7. Consideration and possible action regarding approval of an agreement with the law firm of Liebert, Cassidy & Whitmore to provide special counsel legal services with respect to labor and employment issues. Recommendation — (1) Authorize the City Manager to execute a legal service agreement with Liebert, Cassidy & Whitmore; (2) Alternatively, discuss and take other action related to this item. 8. Consideration and possible action to authorize the City Manager to execute an agreement with the law firm of Burke, Williams and Sorensen for purposes of completing current litigation and for purposes of retaining future special counsel as determined by the City Manager and City Council. Recommendation — (1) Authorize the City Manager to execute an agreement with Burke, Williams and Sorensen for specific legal services; (2) Alternatively, discuss and take other action related to this item. 9. Consideration and possible action regarding the appointment of private sector business representative from the City of El Segundo, Elyse Rothstein of Industrial Lock & Security, to the South Bay Workforce Investment Board (SBWIB). Recommendation — (1) Ratify the El Segundo Chamber of Commerce nomination and appointment of Elyse Rothstein, to Seat #18 of the SBWIB; (2) Request City Clerk to forward a certified copy of the Council's action to the SBWIB; (3) Alternatively, discuss and take other action related to this item. 10. Consideration and possible action regarding payment to the City of Los Angeles, Hyperion Treatment Plant for one -half the change order regarding the construction of the new security fence realignment located in the Department of Water and Power (DWP) right -of -way. (Estimated Cost $34,846). Recommendation — (1) Authorize the payment of $34,846 to the City of Los Angeles, Hyperion Treatment Plant; (2) Alternatively, discuss and take other action related to this item. 4 0014 11. Consideration and possible action regarding approval of a license agreement between the City and West Basin Municipal Water District (West Basin) to allow use of a portion of the parking lot at the City's golf course for parking of construction related vehicles and equipment. (Fiscal impact — none) Recommendation — (1) Authorize the City Manager to sign license agreement; (2) Alternatively, discuss and take other action related to this item. 12. Consideration and possible action to approve Amendment No. 1 to the City- Pacific Pipelines Reimbursement Agreement for relocation of Pacific's pipeline for the Douglas Street Gap Closure Project. (Fiscal Impact — none) Recommendation — (1) Approve Amendment No. 1; (2) Authorize the City Manager to execute the amendment on behalf of the City; (3) Alternatively, discuss and take other action related to this item. 13. Consideration and possible action to approve the disposal of 50 out -of- service, surplus fire helmets. Authorize their donation to area fire academies and /or the Guaymas Fire Department. (Fiscal Impact — none) Recommendation — (1) Authorize the donation of 50 surplus fire helmets to area fire academies (upon the execution of a hold harmless agreement indemnifying the city of future liability associated with their use); (2) If there are any helmets remaining, authorize the donation of helmets to the Guaymas Fire Department; (3) Alternatively, discuss and take other action related to this matter. 14. Consideration and possible action regarding City Council's authorization to apply for and accept a Hazardous Materials Emergency Planning Grant on behalf of Beach Cities Community Awareness and Emergency Response (CAER) for "Shelter -in- Place" video reproduction /Spanish translation and static display. (Fiscal Impact $6,400) Recommendation — (1) Authorize the Fire Department to apply for and accept on behalf of CAER, $8,000 grant for the reproduction /Spanish translation of existing Shelter -in- Place educational videos and display by CAER; (2) Authorize the City Manager or designee to sign the application; (3) Alternatively, discuss and take other action related to this item. 5 005 15. Consideration and possible action regarding increase in dollar amount to Contract No. 3240 for yoga classes instruction provided by Victoria Ella. (Fiscal Impact — Recommendation — (1) Approve increase to contract for yoga instruction provided by Victoria Elia; (2) Alternatively, discuss and take other action regarding this item. CALL ITEMS FROM CONSENT AGENDA F. NEW BUSINESS 16. Consideration and possible action regarding a contract not to exceed $5,000 with KND /Aqueduct Advisors to analyze the local electricity market place alternatives, review regulatory initiatives and recommend actions with respect to the Dynegy /NRG located at 301 Vista del Mar. Recommendation — (1) Discussion; (2) Direct staff to retain KND /Aqueduct Advisors to analyze local electricity market place supply alternatives, review regulatory initiatives and recommend actions; (3) Alternatively, discuss and take other action related to this item. 17. Consideration and possible action to revise current 2004 -2005 Community Development Block Grant (CDBG) Minor Home Repair (MHR) Program guidelines to generate additional participation by offering a combination grant and zero percent interest deferred loan program. Recommendation — (1) Approve revisions to the current 2004 -2005 CDBG Minor Home Repair program guidelines to include a combination grant and zero percent interest deferred loan program; (2) Alternatively, discuss and take other action related to this item. 18. Consideration and possible action regarding a lease agreement between the City of El Segundo and Sprint PCS Assets allowing the construction and operation of wireless communications equipment at the City water tower located at 400 Lomita Recommendation — (1) Authorize the City Manager to execute a memorandum of lease and a lease agreement between the City and Sprint PCS Assets; (2) Alternatively, discuss and take other action related to this item. 6 0 06 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 Boulgarides — Council Member Busch — Council Member Jacobson — Mayor Pro Tern Gaines — Mayor McDowell — 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. MEMORIALS — CLOSED SESSION The City Council may move into a closed session pursuant to applicable law, including the Brown Act (Government Code Section §54960, at sue.) for the purposes of conferring with the City's Real Property Negotiator, and /or conferring with the City Attorney on potential and /or existing litigation; and /or discussing matters covered under Government Code Section §54957 (Personnel); and /or conferring with the City's Labor Negotiators. REPORT OF ACTION TAKEN IN CLOSED SESSION (if required) ADJOURNMENT POSTED: DATE: ?-11 -0q TIME: UYrri- NAME: l 007 EL SEGUNDO CITY COUNCIL AGENDA ITEM STATEMENT AGENDA DESCRIPTION: MEETING DATE: August 17, 2004 AGENDA HEADING: Special Orders of Business Consideration and possible action to conduct a continued public hearing for the purpose of introducing the ordinances and scheduling a second reading of ordinances increasing the amounts for water and wastewater rates. RECOMMENDED COUNCIL ACTION: (1) Conduct continued public hearing and receive public testimony; (2) Introduce ordinances and read by title only; (3) Schedule second reading of ordinances for September 7, 2004; (4) —,Alternatively, discuss and take other action related to this item. BACKGROUND & DISCUSSION: Please see attached page marked 'Background and Discussion." ATTACHED SUPPORTING DOCUMENTS: Ordinance setting the amount of water rates and charges; Ordinance setting the amount of wastewater rates and charges; Copy of advertised notice of public hearing; Copy of survey charts comparing water and wastewater rates in surrounding cities. FISCAL IMPACT: In FY 2004/2005 revenue net increases are estimated at $138,000 for Water and $332,450 for Wastewater. Operating Budget: Amount Requested: Account Number: Project Phase: Appropriation Required: Ma �j ay 013 -17 -04 Public Hearing Regarding an Ordinance Adopting New Rat" for Water and Wastewater 1 003 BACKGROUND & DISCUSSION: In May 6, 2003, the City Council approved a contract with AKM Consulting Engineers to prepare a water and wastewater rate study. The scope of work included a study to determine the operating, capital and cash reserve needs of the water and wastewater system. The study was intended to assist in developing policies that would address the current shortfalls in the water and wastewater enterprise fund accounts and recommend a path that would place those funds on a sound financial basis in the future. A primary goal of the Task Force was to establish functioning enterprise funds for the water and wastewater services. Both are currently designated as enterprise funds, but do not function as such and require extensive general fund subsidies. The Task Force felt strongly about the need to develop enterprise funds that would become self- sustaining in order to eliminate the inequity of taxpayers subsidizing (through general fund expenditures) those that utilize large quantities of both services. Specifically, the study was intended to recommend a water and wastewater rate structure that would lead to the elimination of the current general fund subsidy of those accounts. The total of those subsidies are as follows: During FY 2002/03, the costs of operating the water utility exceeded revenues by $778,000. In FY 2003/04 costs exceeded revenues by $270,300. In wastewater, costs exceeded revenues by $1,958,000 in FY 2002/03 and $912,000 in FY 2003/04. The City Council last approved an increase in the water rates in June 1995, established the current wastewater rates in December 1995, and approved a tiered rate approach for water rates in July 1997. In March of 2004, the City Council appointed a Task Force to consider and make recommendations on the water and wastewater rates. The Task Force met on five (5) different occasions and reviewed existing water and wastewater operational budgets and rates. The consultant presented to the Task Force three alternatives for restructuring both water and wastewater rates. The alternatives presented ranged from proposing aggressive rate increases to offset the general fund subsidy of water and wastewater operations in the near future to more gradual approaches that maintained the current subsidy in the short term, but proposed increases until the subsidy was eventually eliminated. After review and discussion, the Task Force recommended an increase for the water and wastewater rates. The Task Force is recommending a gradual approach in implementing the recommended increases. Specifically, the Task Force is recommending a 5% increase in consumption charges for the potable water in the Fiscal Year 2004 -2005 and an average increase of 14.6% in readiness to serve charges. For wastewater, the Task Force recommended an average increase in rates of 49% for residential customers. Forthe purpose of discussion, the recommended increase would reflect for average household in El Segundo an additional cost of approximately $1.14 per month for water and approximately $2.81 per month for wastewater charges. 08 -17 -04 Public Hearing Regarding an Ordinance Adopting New Rates for Water and Wastewater 009 BACKGROUND & DISCUSSION: (continued) It should be noted as well, that the recommended rate structure for the water enterprise fund would eliminate the general fund subsidy FY 2004 -2005. The rate recommended for the wastewater fund, however, would not offset the general fund subsidy immediately. Instead the recommended rate increase would slowly offset the subsidy until 2013 when the wastewater enterprise fund would be entirely self sufficient. With respect to capital improvements, the Task Force recommended that 5% of total water fund revenues be allocated toward capital improvements beginning in FY 2004/2005. The Task Force also recommended that no revenues be allocated toward wastewater capital improvement projects during the next fiscal year. Beginning in 2005/2006, the Task Force recommends that the wastewater enterprise fund "borrow" funds from the general fund forthe purpose of meeting the capital improvement needs of the wastewater function. In 2005/2006, that amount is recommended to be $476,000. Borrowed funds will be repaid to the general fund by 2013 at which point the wastewater enterprise fund is expected to be entirely self sufficient. Staff has attached a comparison of monthly residential waterand sewer bills indicating thatthe rate increase proposed by the Task Force would result in water and wastewater rates that are still significantly lower than those in the cities of Culver City, Manhattan Beach, Redondo Beach, Beverly Hills, Santa Monica, Los Angeles, and Southern California Water Company. Based on the recommendations from the Task Force, staff has prepared the attached two (2) Ordinances for approval and published the proposed water and wastewater rate increases in the July 15, 2004, issue of the El Segundo Herald. 08 -17 -04 Public Hearing Regarding an Ordnance Adopting New Rates for Water and Wastewater O i O ORDINANCE NO. AN ORDINANCE SETTING THE AMOUNT OF WATER RATES AND CHARGES PURSUANT TO HEALTH AND SAFETY CODE § 5471 AND EL SEGUNDO MUNICIPAL CODE § 11 -1 -5. 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 City of El Segundo requires a reliable supply of water meeting current and anticipated water quality standards to protect the public general welfare, health and safety. B. The purpose of water rates and charges is to protect the public health, safety and general welfare by providing a reliable and adequate supply of water meeting current and anticipated water quality standards for the residents of the City of El Segundo and to pay for the cost of providing such service. C. There is a reasonable relationship between the amount of the rates and charges and the cost of services and facilities necessary to deliver water service to the residents and non - residential development of the City. D. The City Council has previously set water rates and established administrative procedures for billing and collecting water rates. These actions are reflected, without limitation, in Resolution Nos. 4018 (adopted 07- 01 -97); 3922 (adopted 06- 06 -95); 3856 (adopted 03- 01 -94); 3831 (adopted 09- 07 -93); and 3807 (adopted 03- 16 -93). E. This ordinance is adopted in accordance with Health and Safety Code § 5471 and El Segundo Municipal Code ( "ESMC ") § 11 -1 -5 to establish the City's current water rates. F. This Ordinance 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.) because it establishes, modifies, structures, restructures, and approves rates and charges for meeting operating expenses; purchasing supplies, equipment, and materials; meeting financial requirements; and obtaining funds for capital projects needed to maintain service within existing service areas. This Ordinance, therefore, is categorically exempt from further CEQA review under Cal. Code Regs, tit. 14, § 15273. G. Notice regarding the water rates included in this ordinance was provided in accordance with Government Code § 54354.5 and a public hearing was held by the City Council on August 3, 2004 and continued to August 17, 2004. OMM.a 'Wale,RaW0Nmn.(Rni.W0> -2&W ]:00em) Page 1 of 3 Oil H. The City Council has considered the evidence and testimony presented at the public hearing. Based in part upon that evidence, and the staff reports presented to the Council regarding this issue, the City Council believes that it is in the public interest to adopt this Ordinance. SECTION 2. AMOUNT OF RATES AND CHARGES. Pursuant to ESMC § 11 -1- 5, the City Council establishes amount of water rates as set forth in attached Exhibit "A," which is incorporated by reference ("Water Charges'). SECTION 3. COST ESTIMATES. The City Manager, or designee, will periodically, but not less than annually, review the Water Charges to determine whether revenues from such charges are meeting actual cost of services and facilities needed to deliver water service to the residents and non - residential developments within the City. If the City Manager determines that revenues do not adequately meet costs, the City Manager will recommend to the City Council a revised rate and charge schedule to be adopted by this City Council by ordinance. SECTION 4. To the extent that Resolution Nos. 4018 (adopted 07- 01 -97); 3922 adopted 06- 06 -95); 3856 (adopted 03- 01 -94); 3831 (adopted 09- 07 -93); and 3807 (adopted 03- 16 -93), and any other resolution or ordinance purporting to establish water rates or administrative procedures associated with such rates are incorporated into this Ordinance, they are repealed. SECTION 5. Repeal of any provision of the El Segundo Municipal Code, or any other City resolution or ordinance 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 6. 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 7. 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 8. This Ordinance will become effective on the thirty -first (31st) day following its passage and adoption. ob, narca s %WSter Rate Ommam,e(Reviseal07-Ma TM am) Page 2 of 3 01 2 PASSED AND ADOPTED this day of 2004. Kelly McDowell, Mayor 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 Ordinance No. was duly introduced by said City Council at a regular meeting held on the day of , 2004, 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 2004, and the same was so passed and adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: Cindy Mortesen, City Clerk APPROVED YO Mark D. Hens y, By: Karl H. Berge C. City Attorney ob, QOM (( .moo, -2� 7M ) Page 3 of 3 013 WATER RATE SCHEDULES EXHIBIT "A" A. Basic Monthly Readiness -To -Serve Charges: Meter size 2004 -2005 2005 -2006 2006 -2007 2007 -2008 2008 -2009 2009 -2010 5/8'X3/4" and 3/4" 1.64 3.56 5.49 7.41 9.34 11.26 5/8'X3/4" and 3/4" Lifeline 0.82 1.78 2.74 3.71 4.67 5.63 1" 13.11 14.49 15.87 17.25 18.64 20.02 1" Lifeline 6.55 7.25 7.94 8.63 9.32 10.01 1 -1/2" 18.01 19.48 20.94 22.41 23.87 25.34 2" 22.93 27.35 31.77 36.20 40.62 45.04 3" 39.31 51.72 64.12 76.53 88.93 101.34 4" 60.60 84.52 108.43 132.34 156.251 180.16 6" 116.29 174.11 231.92 289.73 347.551 405.36 8" 163.79 275.16 386.53 497.90 609.27 720.64 10" 262.06 434.84 607.63 780.42 953.21 1,126.00 12" 376.71 625.66 874.60 1,123.55 1,372.49 1,621.44 16" 655.17 1,100.65 1,546.13 1,991.61 2,437.06 2,882.56 20" 1,015.49 1,713.19 2,410.89 3,108.59 3,806.30 4,504.00 The basic monthly readiness -to -serve charges are subject to additional adjustment if the local consumer price index increases by more than 3.0 percent in a fiscal year. Additional charges for water consumed per month are: For first 2,000 cubic feet or 56 cubic meters of water used: $1.2460 per 100 cubic feet or $0.4400 per cubic meter. For next 3,000 cubic feet or 85 cubic meters of water used: $1.3708 per 100 cubic feet or $0.4842 per cubic meter. For next 5,000 cubic feet or 142 cubic meters of water used: $1.4393 per 100 cubic feet or $0.5082 per cubic meter. Additional lifeline charges for water consumed per month are: For first 500 cubic feet or 14 cubic meters of water used: $0.6231 per 100 cubic feet or $0.2200 per cubic meter. For next 1,500 cubic feet or 42 cubic meters of water used: $1.1924 per 100 cubic feet or $0.421 per cubic meter. For next 3,000 cubic feet or 85 cubic meters of water used: $1.3708 per 100 cubic feet or $0.4842 per cubic meter. For next 5,000 cubic feet or 142 cubic meters of water used: $1.4393 per 100 cubic feet or $0.5082 per cubic meter. For monthly consumption over 10,000 cubic feet or 283 cubic meters: $1.5082 per 100 feet or $0.5324 per cubic meter. Potable water consumption charges will be increased by the same percentage as the West Basin Municipal Water District increases its charges to the City. For reclaimed water: The rate charged by West Basin Municipal Water District, plus $0.3056 per 100 cubic feet or $0.1079 per cubic meter. 014 B. Basic Bi- Monthly Readiness -To -Serve Charges: Meter Size 2004 -2005 2005 -2006 2006 -2007 2007 -2008 2008 -2009 2009 -2010 5/8'x3/4" and 3/4" 3.28 7.13 10.97 14.82 18.67 22.52 5/8'x3/4" and 3/4" Lifeline 1.64 3.56 5.49 7.41 9.34 11.26 V. 26.22 28.98 31.74 34.51 37.27 40.04 1" Lifeline 13.11 14.49 15.87 17.25 18.64 20.02 1 -1/2" 36.03 38.95 41.88 44.81 47.74 50.67 2" 45.86 54.70 63.55 72.39 81.24 90.08 3" 78.631 103.44 128.251 153.06 177.87 202.68 4" 121.21 169.03 216.85 264.68 312.50 360.32 6" 232.58 348.21 463.84 579.47 695.09 810.72 8" 327.58 550.32 773.06 995.80 1,218.54 1,441,28 10" 524.11 869.69 1,215.27 1,560.84 1,906.42 2,252,00 12" 753.42 1,251.31 1,749.20 2,247.10 2,744.99 3,242.88 16" 1,310.35 2,201.30 3,092.26 3,983.21 4,874.17 5,765,12 20" 2,030.97 3,426.38 4,821.78 6,217.19 7,612.591 9,008,00 The basic bi- monthly readiness -to -serve charges are subject to additional adjustment if the local consumer price index increases by more than 3.0 percent in a fiscal year. Additional charges for water consumed per two month period are: For first 4,000 cubic feet or 112 cubic meters water used: $1.2460 per 100 cubic feet or $0.4400 per cubic meter. For next 6,000 cubic feet or 170 cubic meters of water used: $1.3708 per 100 cubic feet or $0.4842 per cubic meter. For next 10,000 cubic feet or 284 cubic meters of water used $1.4393 per 100 cubic feet or $0.5082 per cubic meter. Additional lifeline charges for water consumed per month are: For first 1,000 cubic feet or 28 cubic meters of water used: $0.6231 per 100 cubic feet or $0.2200 per cubic meter. For next 3,000 cubic feet or 85 cubic meters of water used: $1.1924 per 100 cubic feet or $0.421 per cubic meter. For next 6,000 cubic feet or 85 cubic meters of water used: $1.3708 per 100 cubic feet or $0.4842 per cubic meter. For next 10,000 cubic feet or 142 cubic meters of water used: $1.4393 per 100 cubic feet or $0.5082 per cubic meter. For monthly consumption over 20,000 cubic feet or 566 cubic meters: $1.5082 per 100 feet or $0.5324 per cubic meter. Potable water consumption charges will be increased by the same percentage as the West Basin Municipal Water District increases its charges to the City. 015 RECLAIMED WATER: The rate charged by West Basin Municipal Water District, plus $0.3056 per 100 cubic feet or $0.1079 per cubic meters. Where two or more meters are installed in a battery or manifold the service connection size are used for computing the readiness -to -serve charge and the consumption charges are based on the combined total consumption indicated by all the readings of all meters in the battery or manifold. C. Monthly Fire Service Charge: Meter Size 2004 -2005 2005 -2006 2006 -2007 2007 -2008 2008 -2009 2009 -2010 2" 23.51 27.61 31.71 35.80 39.90 44.00 3" 35.27 41.41 47.56 53.71 59.85 66.00 4" 47.04 55.24 63.43 71.62 79.81 88.00 6" 70.54 82.83 95.13 107.42 119.71 132.00 8" 94.04 110.43 126.82 143.22 159.61 176.00 10" 117.67 138.14 158.60 179.07 199.53 220.00 The monthly fire service charges are subject to additional adjustment if the local consumer price index increases by more than 3.0 percent in a fiscal year. D. Construction Water Rates: Construction water rates are as follows: 1. Water used on construction jobs are metered and the cost will be one and one - half times that set forth under the general rates cost; 2. Upon application for service, a charge of one hundred dollars ($100.00) will be made for the initial meter installation and an additional charge of seventy five dollars ($75.00) will be made for each meter relocation in fiscal year 2004 -2005. These charges will increased by the local consumer price index for each subsequent fiscal year; 3. A returnable deposit of three hundred fifty dollars ($350.00) for each meter must be made upon application for service, which deposit shall secure the payment to the City of any damage suffered and of charges for water served and which has not otherwise been paid. 016 E. Unmetered Water Rates: For water use through an unmetered City fire hydrant, a charge will be made to cover the cost of the water used and other related expenses of the City Water System. The charge will be one hundred dollars ($100.00) for turning the hydrant on and off and for the first ten minutes of flow in fiscal year 2004- 2005. These charges will be increased by the local consumer price index for each subsequent fiscal year. An additional charge of $3.05 will be made for each minute after the initial ten minutes in fiscal year 2004 -2005. Any use of water from a fire hydrant other than by the City will be subject to the foregoing charge. The additional charge will be increased in the subsequent fiscal years at the same rate that the West Basin Municipal Water District increases its potable water rates. 017 ORDINANCE NO. AN ORDINANCE SETTING THE AMOUNT OF WASTEWATER RATES AND CHARGES PURSUANT TO HEALTH AND SAFETY CODE § 5471 AND EL SEGUNDO MUNICIPAL CODE § 12 -7 -3. 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 City of El Segundo requires a reliable wastewater discharge system meeting current and anticipated water quality standards to protect the public general welfare, health and safety. B. The purpose of wastewater rates and charges is to protect the public health, safety and general welfare by providing a reliable and safe wastewater discharge system that meets current and anticipated wastewater quality standards for the residents of the City of El Segundo and to pay for the cost of providing such service. C. Based upon the record, there is a reasonable relationship between the amount of the rates and charges and the cost of services and facilities necessary to deliver wastewater service to the residents and non- residential development of the City. D. This ordinance is adopted in accordance with Health and Safety Code § 5471 and El Segundo Municipal Code ( "ESMC ") § 12 -7 -3 to establish the City's current wastewater rates and charges. E. This Ordinance 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.) because it establishes, modifies, structures, restructures, and approves rates and charges for meeting operating expenses; purchasing supplies, equipment, and materials; meeting financial requirements; and obtaining funds for capital projects needed to maintain service within existing service areas. This Ordinance, therefore, is categorically exempt from further CEQA review under Cal. Code Regs. Tit. 14, § 15273. F. Notice regarding the wastewater rates included in this ordinance was provided in accordance with Government Code § 54354.5 and a public hearing was held by the City Council on August 3, 2004 and continued to August 17, 2004. G. The City Council has considered the evidence and testimony presented at the public hearing. Based in part upon that evidence, and ONirencrs \Waalewaler Rate oNiname(Re.isetl W -P N ]3o an) Page 1 of 3 018 the agenda reports presented to the Council regarding this issue, the City Council believes that it is in the public interest to adopt this Ordinance. SECTION 2. AMOUNT OF RATES AND CHARGES. Pursuant to ESMC § 12 -7- 3, the City Council establishes amount of wastewater rates as set forth in attached Exhibit "A," which is incorporated by reference ('Wastewater Charges. ") SECTION 3. COST ESTIMATES. The City Manager, or designee, will periodically, but not less than annually, review the Wastewater Charges to determine whether revenues from such charges are meeting actual cost of services and facilities needed for wastewater discharge services to the residents and non - residential developments within the City. If the City Manager determines that revenues do not adequately meet costs, the City Manager will recommend to the City Council a revised rate and charge schedule to be adopted by this City Council by ordinance. SECTION 4. Resolution No. 3954 (adopted December 5, 1995) is superseded by this Ordinance and therefore repealed. SECTION 5. Repeal of any provision of the ESMC, or any other City resolution or ordinance 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 6. 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 7. 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 8. This Ordinance will take effect on the 31st day following its final passage and adoption. ominan )Waste wRafe001nance(RevWo7aaa 7:30 M) Page 2 of 3 019 PASSED AND ADOPTED this day of 2004. ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF EL SEGUNDO Kelly McDowell, Mayor SS 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 , 2004, 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 2004, and the same was so passed and adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: Cindy Mortesen, City Clerk APPROVED Mark D. Hen LIM Berger, City Attorney ONlna�MWSRO ,Rate ONln..(Re iSW 07-26W 7:30 am) Page 3 of 3 020 WASTEWATER RATE SCHEDULES EXHIBIT "A" A. Treatment Charge: Treatment Charges Customer Type and Water Meter Size Fiscal Year 2004.2005 2005 -2006 l- 20012008-2009 Single Family /Duplex 518" ✓£ 314" 5.29 6.61 7.94 9.26 10.58 Single Family /Duplex 1" 6.73 8.41 10.09 11.77 13.45 Single Family/Duplex 1 -1/2" 7.27 9.09 10.91 12.73 14.55 Single Family /Duplex 2" 7.72 9.65 11.58 13.52 15.45 Single Family /Duplex Lifeline 4.79 5.98 7.18 8.38 9.58 Multi Family 5/8" and 3/4" 8.74 10.93 13.11 15.30 WAS Multi Family 1" 12.24 15.31 18.37 21.43 24.49 Multi Family 1 -1/2" 18.68 23.35 28.02 32.69 37.36 Multi Family 2" 41.89 52.37 62.84 73.31 83.79 Multi Family 3" 142.40 178.00 213.60 249.20 284.80 Multi Family 4" 195.94 244.93 293.91 342.90 391.88 Commercial West of Sepulveda 5/8" and 3/4" 6.24 7.80 9.36 10.92 12.48 1" 15.57 19.47 23.36 27.26 31.15 1 -1/2" 28.68 35.85 43.02 50.19 57.36 2" 75.60 94.50 113.41 132.31 151.21 3" 140.13 175.16 210.20 245.23 28026 4" 598.78 748.47 898.17 1,047.86 1,197.56 Industrial West of Sepulveda 5/8" and 3/4" 5.17 6.47 7.76 9.06 10.35 1" 7.00 8.75 10.50 12.25 13.99 1 -1/2" 20.21 25.26 30.31 35.37 40.42 2" 61.69 77.12 92.54 107.97 123.39 3" 154.66 193.32 231.98 270.65 309.31 4" 219.73 274.66 329.59 384.52 439.45 Institutional 5/8" and 3/4" 4.89 6.11 7.33 8.56 9.78 1" 7.74 9.68 11.62 13.55 15.49 1 -1/2" 11.79 14.73 17.68 20.62 23.57 2" 17.87 22.34 26.80 31.27 35.74 3" 44.31 55.39 66.47 77.55 88.63 4" 52.48 65.60 78.72 91.84 104.95 6" 253.46 316.82 380.19 443.55 506.92 Chevron 5/8" and 3/4" 3.29 4.12 4.94 5.76 6.58 1" 4.70 5.87 7.04 8.22 9.39 1 -1/2" 62.43 78.04 93.65 109.26 124.87 2" 397.43 496.79 596.15 695.51 794.87 3" 400.00 500.00 600.00 700.00 800.00 021 B. Wastewater Service Charge: Wastewater Service Charges Customer Type and Water Motor Size Fiscal Year 2004- 2005 1 2005- 2006 2006- 2007 2007- 2008 2008- 2009 Residential Single Family/Duplex 5/8" 8 3/4" 1.35 2.13 2.92 3.71 4.49 Single Family/Duplex 1" 1.62 2.56 3.50 4.45 5.39 Single Family /Duplex 1-1/2" 1,75 2.77 3.80 4.82 5.84 Single Family /Duplex 2" 1.89 2.99 4.09 5.19 6.29 Single Family /Duplex Lifeline 1.08 1.71 2.34 2.96 3.59 Multi Family 5/8" and 3/4" 2.16 3.41 4.67 5.93 7.19 Multi Family 1" 3.03 4.80 6.57 8.34 10.11 Multi Family 1 -1/2" 4.58 7.25 9.93 12.60 15.27 Multi Family 2" 10.11 16.00 21.90 27.80 33.69 Multi Family 3" 35.04 55.48 75.92 96.36 116.80 Multi Family 4" 47.17 74.66 102.20 129.71 157.23 Commercial West of Sepulveda 5/8" and 314" 1,48 2.35 3.21 4.08 4.94 1" 3.84 6.08 8.32 10.66 12.80 6.74 10.67 14.60 18.53 22.46 2" 17.52 27.74 37.96 48.18 58.40 3" 37.73 59.75 81.76 103.77 125.78 4" 141.50 224.05 306.59 389.14 471.68 Industrial West of Sepulveda 5/8" and 3/4" 1.35 2.13 2.92 3.71 4.49 1" 1.82 2.56 3.50 4.45 5.39 1 -1 /2" 4.99 7.90 10.80 13.71 16.62 2" 14.82 23.47 32.12 40.77 49.41 3" 37.73 5915 81.76 103.77 125,78 4" 53.91 85.35 116.80 148.24 179.69 Institutional 518" and 3/4" 1.35 2.13 2.92 3.71 4.49 1" 89 2.99 4.09 5.19 6.29 1 -i /2" 2 2 .83 4.48 8.73 9.43 2° 4.04 6.40 8.76 12 71 1 12 . 13.48 3" 10.78 17.07 23.36 29.65 35.94 4" 13.48 27.34 29.20 37.06 44.92 6" 60.64 96.02 131.40 166,77 202.15 Chevron 5/8" and 314" 1,35 2.13 2.92 3.71 4.49 1" 1.62 2.56 3.50 4.45 5.39 1-112" 13.48 21.34 29.20 37.06 44.92 2" 94.34 149.37 204.39 259.42 314.45 3" 107.81 170.70 233.59 296.48 359.37 Commercial East of Sepulveda 518" and 3/4" 1.35 2.13 2.92 3.71 4.49 1" 1.48 2.35 3.21 4.08 4.94 9.43 14.94 2044 . 25.94 31.45 2" 26.95 42.68 58.40 74.12 89.84 3" 37.73 59.75 81.76 103.77 125.78 4" 60.64 96.02 131.40 166.77 202.15 6" 154.98 245.39 335.79 428.20 576.60 Industrial East of Se ulveda 5/8" and 3/4" 1.48 2.35 3.21 4.08 4.94 1" 3.71 5.87 8.03 10.19 12.35 1-112" 6.74 10.67 14.60 18.53 22.46 2" 14.82 23.47 32.12 40.77 49.41 3" 60.64 96.02 131.40 788.77 202.15 4" 94.34 749.37 204.39 259.42 314.45 6" 256.05 405.42 554.79 704.15 853.52 022 C. Quantity Charge: Quantity Charges Customer Type and Water Mater Size Fiscal Year 2004 - 2006 2005- 2006 2006• 2007 2007• 2008 2008 - 2006 Residential Single Family/Duplex 518.8 314' 0.12 0.22 0.31 0.41 0.50 Single Family/Duplex 1" 0.12 0.22 0.31 0.41 0.50 Single Fami /DU lax 1 -1/2' 0.12 0.22 0.31 0.41 0.50 Single Family/Duplex 2" 0.12 0.22 0.31 0.41 0.50 Single Family/Duplex LBeline 0.12 0.22 0.31 0.41 0.50 Multi Faml 518" and 3/4" 0.15 0.26 0.38 0.50 0.62 Multi Family 1' 0.15 0.26 0.38 0.50 0.62 Multi Family 1 -1/2" 0.15 0.26 0.38 0.50 0.62 Multi Family 2' 0.1511 0.26 0.38 0.501 0.62 Multi Family 3" 0.151 0.26 0.38 0.501 0.62 Mufti Family 4" 0.151 0.26 0.38 0.50 0.62 Commercial West of Sepulveda 5/8" and 3/4" 0.17 0.31 0.44 0.58 0.71 1' 0.17 0.31 0.44 0.58 0.71 1 -1/2" 0.17 0.31 0.44 0.58 0.71 2" 0.17 0.31 0.44 0.58 0.71 3' 0.17 0.31 0.44 0.58 0.71 4" 0.17 0.31 0.44 0.58 0.71 Industrial West of Sepulveda 5/8" and 3/4" 0.17 0.31 0.44 0.581 0.71 1" 0.17 031 0.44 0.58 0.71 1 -1/2" 0.17 0.31 0.44 0.58 0.71 2" 0.171 0.31 0.44 0.58 0.71 3" 0.17 0.31 0.44 0.58 0.71 4" 0.17 0.31 0.44 0.58 0.71 Institutional 518' and 314' 0.15 0.26 0.38 0.50 0.62 1 " 0.15 0.26 0.38 0.50 0.62 1 -1/2' 0.15 0.26 0.38 0.50 0.62 2" 0.15 0.26 0.38 0.50 0.62 3' 0.15 0.26 0.38 0.50 0.62 4- 0.15 0.26 0.38 0.50 0.62 6" 0.15 0.261 0.38 0.50 0.62 Chevron 5/8" and 3/4' 0.17 0.31 0.44 0.58 0.71 1 " 0.17 0.31 0.44 0.58 0.71 1 -1/2" 0.17 0.31 0.44 0.58 0.71 2" 0.17 0.31 0.44 0.58 0.71 3" 0.17 0.31 0.44 0.58 0.71 Commercial East of Sepulveda 5/8" and 3/4" 0.17 0.31 0.44 0.58 0.71 1" 0.17 0.31 0.44 0.58 0.71 1 -112' 0.17 0.31 0.44 0.58 0.71 2" 0.171 0.311 0.44 0.58 0.71 3" 0.17 0.31 0.44 0.58 0.71 4" 0.17 0.31 0.44 0,58 0.71 6" 0.17 0.31 0.44 0.58 0.71 Industrial East of Sepulveda 5/8" and 3/4" 0.17 0.31 0.44 0.58 0.71 1" 0.17 0.31 0.44 0.581 0.71 1 -1/2" 0.17 0.31 0.44 0.58 0.71 2" 0.17 0.31 0.44 0.56 0.71 3" 0.17 031 0.44 0.58 0.71 4" 0.17 0.31 0.44 0,58 0.71 6" 0.17 0.31 0.44 0.58 0.71 023 D. Annual Quality Surcharge Fee. This fee is applicable to all customers with industrial waste permits. It is determined pursuant to the following formula: C = V [a (SS -250) + b (BOD - 180)] k Where "C" is the quality surcharge fee; "V" is the average daily volume of wastewater discharged in gallons, based on (1) the volume of water supplied to the premises less an amount determined by the Public Works Director to account for water not discharged into the sanitary sewer system, or (2) the metered volume of wastewater discharged into the sanitary sewer system according to a measuring device approved by the Public Works Director, or (3) a figure determined by the Public Works Director based on any other equitable method; "SS" is the suspended solids in the waste discharged, expressed in milligrams per liter. "BOD" is the five day biochemical oxygen demand of the waste discharged, expressed in milligrams per liter. "a" is the cost assessed for each pound of suspended solids. It is established at 0.29. It will be adjusted annually by the local consumer price index. "b" is the cost assessed for each pound of biochemical oxygen demand. It is established at 0.11. It will be adjusted annually by the local consumer price index. "k" is a dimensional constant to convert C to dollars, currently 0.003044. If the term containing SS or BOD is negative, a value of zero is used for that term Suspended solids and BOD analyses are required to be made in accordance with "Standard Methods." In determining the Annual Quality Surcharge Fee, the Public Works Director may use industrial averages for SS and BOD values. The Public Works Director may group permit holders into discharge volume ranges. Where volume measurement at the premises of a permit holder is impractical for physical, economic or other reasons, these volume ranges may be used in establishing the quality surcharge fee. 02 NOTICE OF PUBLIC HEARING TAKE NOTICE that the El Segundo City Council will hold a public hearing on Tuesday, August 3, 2004, commencing at 7:00 p.m., or as soon thereafter as possible, in the El Segundo Council Chambers, 350 Main Street. The public hearing will allow testimony regarding service rates, fees, and charges for the following: • Water utility services; and • Wastewater utility services. The purpose of this hearing is to hear testimony of all interested parties for the purpose of considering increasing the fees and charges for the City services listed above. Copies of the proposed water and wastewater rates are attached to this Notice. At any time, not later than the aforesaid hour set for the hearing, any person or organization may file a written statement with the City Clerk of the City, of his or her opinions with respect to the schedule of fees and charges for City services. Any person or organization desiring to be heard will be given an opportunity to do so. If you have questions regarding this hearing, the Schedule of fees and Charges for City Services, or any other matter, you may call the City offices at (310) 524 -2307. Note that any appeal of a decision made following a public hearing may be limited to the issues raised by evidence submitted before or during that public hearing. A copy of the. Schedule of Fees and Charges for City Services will be available for public review in the Office of the City Clerk of El Segundo located in City Hall at 350 Main Street, El Segundo, California, ten days prior to the hearing. To be published in the El Segundo Herald July 15 and 22, 2004. Attachments 025 I I _ 1 N N W W> > N C O O O O O O O O O O C C C C O O O O O O O II100 ti ' I II j I : I 1 � I N m z OL W � m m � O n 1 A 3 I I 5 N 4T O O I I I a m p m I till t � m i I m � y x b u � N ? I O m o m i _ m o � i v N m o lOA Ni I J O v) I I i 1 y b J 1 O y 026 027 (51 I N N W m $ I S n O I I N I I b K S w cn m m i rn 3 I I m � m m u. D O 0 b m I o m O,? O 1 m V � ' O b b n SmL ut n a m m 0 m a w ^ m uO m n J a o ie � m ❑ o a° N z o a 6 V i p K O a N � n o I I o m m b 0 tO 2 J N N I O � � — 027 EL SEGUNDO CITY COUNCIL AGENDA ITEM STATEMENT AGENDA DESCRIPTION: MEETING DATE: August 17, 2004 AGENDA HEADING: Special Orders of Business Consideration and possible action to conduct a public hearing regarding a Resolution of the City of El Segundo, California, finding the City to be in conformance with the annual Congestion Management Program (CMP) and adopting the annual CMP Local Development Report, in accordance with California Government Code Section 65089. RECOMMENDED COUNCIL ACTION: 1. Hold Public Hearing; 2. Read Resolution by title only; 3. Adopt Resolution; and 4. Alternatively, discuss and take other action related to this item. BACKGROUND & DISCUSSION: The Congestion Management Program (CMP) became effective with voter approval of Proposition 111 in June 1990. In accordance with State law, the Los Angeles County Metropolitan Transportation Authority (MTA) has adopted the CMP for Los Angeles County. Cities within the County are required to comply with the adopted CMP. (Background and discussion continues on the next page........) ATTACHED SUPPORTING DOCUMENTS: 1. Resolution for adoption. 2. 2004 Local Implementation Report. FISCAL IMPACT: None. Capital Improvement Program: Amount Requested: Account Number: Project Phase: Appropriation Required: ORIGINATED BY: DATE: August 11, 2004 Seim a rjis, Acting City Engineer REVIEWED BY: DATE: Mary�Manager 411 0�11 2 08 -17 -04 Congestion Management Plan Resolution - 2004 ) }[ U 'v BACKGROUND & DISCUSSION (continued) The MTA requires that by September 1s` of each year, local agencies submit a self - certification Resolution and a Local Development Report pursuant to a noticed public hearing as required by State law. The self- certification Resolution consists of the following: A finding that the City is in conformance with the CMP; 2. Certification that the City will continue to implement the Transportation Demand Management Ordinance. (City Zoning Code, Chapter 15 -16); 3. Certification that the City will continue to implement a Land Use Analysis Program. (City Council Resolution No. 3805); and, 4. 2004 Local Development Report. In previous years, the CMP required the City to calculate the total debits and credits accruing from building and demolition permits and transportation improvement strategies and to maintain a positive credit balance. The City's credit balance as of May 31, 2003 was 6,642. On February 18, 2004, MTA suspended the requirement that cities maintain a positive credit balance and suspended the requirement to calculate credits and debits resulting from construction activity and transportation improvements strategies, while it prepares a nexus study to explore the feasibility of implementing a congestion mitigation fee to meet CMP Deficiency Plan requirements. The City's current credit balance remains frozen until MTA completes its study. This year the City is only required to report the number of dwelling units permitted and the floor area of new non - residential buildings and demolitions. The attached Local Development Report summarized the development activityforthe June 1, 2003, to May 31, 2004, reporting year. Staff from the Departments of Public Works and Community, Economic and Development Services has worked together to develop the Local Development Report. O8-11 -04 Congestion Management Plan Resolution - 2004 029 RESOLUTION NO. A RESOLUTION FINDING THE CITY TO BE IN COMPLIANCE WITH THE CONGESTION MANAGEMENT PROGRAM (CMP) AND ADOPTING THE CMP LOCAL IMPLEMENTATION REPORT PURSUANT TO GOVERNMENT CODE § 65089. The city council of the city of El Segundo does resolve as follows: SECTION 1: The city council finds that: A. The Los Angeles County Metropolitan Authority ( "MTA "), acting as the Congestion Management Agency for Los Angeles County, adopted the 1999 Congestion Management program in December 1999; B. As adopted, the CMP requires that MTA annually determine that Los Angeles County and cities within the County conform with all CMP requirements; C. Among other things, the CMP requires municipalities within Los Angeles County to submit Local Development Reports to the MTA by September 1 each year; D. The City Council held a noticed public hearing on August 17, 2004 E. Based upon the August 17, 2004 public hearing, the City Council determined that By June 15 of odd - numbered years the City conducts annual traffic counts and calculated levels of service for selected arterial intersections consistent with the requirements identified in the CMP Highway and Roadway System Chapter; 2. The City adopted and continues to implement a transportation demand management ordinance consistent with the minimum requirements identified in the CMP Transportation Demand Management Chapter; The City adopted and continues to implement a land use analysis program consistent with the minimum requirements identified in the CMP Land Use Analysis Program Chapter; and 4. The City has adopted a Local Development Report, attached hereto and made a part hereof, consistent with the requirements identified in the Draft 2004 CMP. This report balances traffic congestion impacts due to growth within the City with transportation improvements, and demonstrates that the City is meeting its responsibilities under the Countywide Deficiency 030 Plan consistent with the MTA Board adopted 2003 Short Range Transportation Plan. SECTION 2: In accordance with its findings, the City Council determines that the City of El Segundo is in compliance with all requirements of the 1999 CMP, as amended. SECTION 3: This Resolution will remain effective until superseded by a subsequent resolution. SECTION 4: This Resolution will take effect immediately upon adoption. PASSED AND ADOPTED this 17th day of August, 2004. Kelly McDowell, Mayor City of El Segundo APPROVED Mark D. Hen .ie By: 'Utomey P J ,'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 of said City, and attested to by the City Clerk of said City, all at a regular meeting of said Council held on the 17th day of August 2004, and the same was so passed and adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: Cindy Mortesen, City Clerk O3i CITY OF EL SEGUNDO Date Prepared: July 20, 2004 2004 CMP Local Development Report Reporting Period: JUNE 1, 2003 - MAY 31, 2004' Enter data for all cells labeled "Enter." If there are no data for that category, enter "0." PART2: NEW DEVELOPMENT IMPORTANT: Adjustments may be claimed only for 1) development permits that were both issued and revoked, expired or withdrawn during the reporting period, and 2) demolition of any structure with the reporting eriod. RESIDENTIAL DEVELOPMENT ADJUSTMENTS Category Dwelling Units Single Family Residential 12.00 Multi-Family Residential 5.00 Group Quarters 0.00 COMMERCIAL DEVELOPMENT ACTIVITY Category 1,000 Gross Square Feet Commercial less than 300,000 s .ft. 6.10 Commercial 300,000 s .ft. or more 0.00 Freestanding Eating & Drinking 0.00 NON - RETAIL DEVELOPMENT ACTIVITY Category 1,000 Gross Square Feet Lodging 0.00 Industrial 112.72 Office less than 50,000 s .ft. 0.00 Office 50,000 - 299,999 s .ft. 0.00 Office 300,000 s .ft. or more 0.00 Medical 0.00 Government 0.00 Institutional /Educational 0.00 University # of students 0.00 OTHER DEVELOPMENT ACTIVITY Description Attach additional sheets if necessary) Daily Trips Enter "0" if none ENTER IF APPLICABLE 0.00 ENTER IF APPLICABLE 0.00 032 EL SEGUNDO CITY COUNCIL MEETING DATE: August 17, 2004 AGENDA ITEM STATEMENT AGENDA HEADING: Unfinished Business AGENDA DESCRIPTION: Consideration and possible action regarding Contract Amendment No. 2 to a contract (No. 3257) with Christopher A. Joseph & Associates to prepare a Project/Program Environmental Impact Report (EIR) with an expanded scope of services for the development of land owned by Honeywell and several other property owners located at the northeast corner of Rosecrans and Sepulveda; and, a professional services contract with Harris & Associates to provide professional engineering services to verify the capital costs of public infrastructure for the project. The amount of the contracts are $161,447 and $14,900, respectively. 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. 2 in a form to be approved by the City Attorney with Christopher A. Joseph & Associates for an expanded scope of services in an amount not to exceed $473,230; and, 2. Authorize City Manager to execute a contract in a form to be approved by the City Attorney with Harris & Associates for professional engineering services in an amount not to exceed $ 14,900; and /or, 3. Alternatively discuss and take other action related to this item. BACKGROUND & DISCUSSION: (Continued on next page... ) ATTACHED SUPPORTING DOCUMENTS: 1. Contract Amendment No. 2 with Christopher A. Joseph and Associates in the amount of $473,230 ($161,447 increase). 2. Contract with Harris and Associates in the amount of $14,900. FISCAL IMPACT: Operating Budget: $473,230 & $14,900 = $488,130 (appropriations offset by developer deposit) Amount Requested: $161,447 & $14,900 = $176,347 Account Number: 001 - 400 - 2402 -6214 Project Phase: NIA Appropriation Required: X Yes No 9-/i0/o+ M. Hansen, Director of Community, Economic and Development Services REVIEWS ` BY: DATE: 0,)3 3 STAFF REPORT: August 17, 2004 Page 2 Environmental Impact Report Contract Amendment No. 2 Discussion On October 8, 2003, the City Council approved a contract with Christopher A Joseph and Associates (CAJA) to prepare an EIR for the redevelopment of the properties owned by Honeywell and several other property owners located at the northeast corner of Rosecrans Avenue and Sepulveda Boulevard. On December 2, 2003, the Council approved Contract Amendment No. 1 ($40,480) for a change in the scope of work to prepare the EIR as a combined Program /Project EIR and to approve an expedited schedule for the project. A second amendment to the contract is proposed in the amount of $161,447 which would bring the total contract amount to $473,230 when including a 10% contingency of $43,023. The applicant of the project will pay the full amount of the contract. Therefore, there will be no fiscal impact to the City. Scope of Work The initial contract envisioned that the EIR would be prepared for just the 37 -acre portion of the 108 acres owned by Honeywell (Area A) as a "Project EIR." The Council approved the first contract amendment to modify the approach to have a "Program EIR" prepared forthe 69 -acre Area B south of the Union Pacific railroad lines that is comprised of properties with various ownerships that was likely to take longer to assemble and longer to characterize environmentally. CAJA prepared a Draft Program /Project EIR, based on this contract, which was completed in January 2004. Upon review of the draft by Planning staff, the City Attorney's office, and the applicant, staff concluded that the structure of the Program /Project EIR needed to be revised to have the Program EIR portion review the impacts of the whole project —both Area A and B (now called the Sepulveda Rosecrans Site Rezoning project). The Project level EIR would study the development of Area A only (now called the Plaza El Segundo project). This revision is beyond the scope of the original contract amendment and the first amendment to the contract. The applicant also requested a change in the project description to incorporate a 4.7 acre portion of Area B into the Area A Project EIR and requested additional traffic analysis for off- site mitigation measures after the first Program /Project EIR was drafted. The change in description necessitated the preparation of a Revised Notice of Preparation, which was not accounted for in the approved budget. Various other issues, including traffic analysis for Saturdays, and revised driveway locations and lane dedications on Sepulveda Boulevard also caused unanticipated changes in the scope of work for the consultant. A finding of potential wetlands on the property has also required additional coordination efforts and document preparation by the biological sub - consultants with applicable agencies. All these requests were also beyond the budget of the approved scope of work. In January 2004, preliminary biological surveys of the project site recommended additional biological survey and trapping work to study the potential for an endangered species (Pacific Pocket Mouse) to inhabit the site. To keep the project on schedule, the additional costs associated with this work was funded out of the 10% contingency amount ($26,876) that was authorized with the first contract amendment. This unanticipated work left no contingency funds available to use for the other scope of work changes described above. 034 STAFF REPORT: August 17, 2004 Request to Expedite Page 3 As mentioned above, a portion of the first contract amendment authorized an expedited schedule and compensation for CAJA to complete the contract in an accelerated manner. However, due to the biological issues that arose shortly after the contract amendment was approved, there no longer was a need for the consultants to work on an expedited manner on the Draft EIR since the additional biological surreys were going to slow the project down. Staff recommends that the second contract amendment reflect a budget without expedited charges for the draft EIR. In order to continue to make every effort to complete the process as expeditiously as possible, staff has retained the expedited schedule and budget for preparation of the Final EIR by the consultant. The original Project EIR budget was for $228,280 with a 10% contingency to cover unanticipated analysis beyond the scope of services. The first Contract Amendment approved an increase of $40,480 and a 10% contingency amount of $26,876. The contractor has prepared a revised budget for the proposed second amendment for an amount of $473,230. This is an increase of $161,447. 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 Contract Amendment No. 2 161,447 Ten Percent Contingency (if Needed) 43,023 TOTAL $473,230 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. Infrastructure Cost Estimation Contract Discussion The City is in the process of reviewing the development applications for the development of property at the northeast corner of Sepulveda Boulevard and Rosecrans Avenue. As part of the proposed project, the developer intends to extend Park Place from its current terminus at Nash Street to Sepulveda Boulevard. A private railroad right -of -way through the property would be realigned and the new Park Place extension would include a grade separation to run beneath the realigned railroad right -of -way. Allied Way would also be extended southerly from its terminus to join the Park Place extension. Other public improvements would be needed to mitigate traffic impacts and to provide utilities to the project. The developer has indicated that the cost of the proposed public and private on- and off -site infrastructure (roadways, railroad realignment, and traffic mitigation) will cost approximately 035 STAFF REPORT: August 17, 2004 Page 4 $27.2 million. A preliminary engineering estimate has been prepared by the developer's civil engineer. The developer may ask the City to help finance the costs of the improvements though sales tax revenues that would be generated by the project once it is completed. In order for the City Council to be able to rely on the financial evaluations of the cost of these infrastructure improvements as part of its decision making, staff is recommending that an engineer, experienced in construction estimation, provide an independent assessment of the costs to construct the proposed infrastructure. Staff solicited proposals from two firms: Harris & Associates and RBF Consulting. After reviewing the proposals, staff recommends selecting Harris & Associates as the most qualified to complete the work. Their proposal was approximately $5,000 less than that of RBF Consulting, and RBF Consulting's proposal specifically excluded providing a construction estimate for the railroad realignment. The amount of the contract is $14,900. The applicant will pay the full amount of this contract. Therefore, there will be no fiscal impact to the City. RTIanning & Building Safety\Prcjects\626- 650\Ea- 631 \Contract Documents \CAJA Contract Amendment No. 2a.ais.doc 0 36 SECOND 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 SECOND AMENDMENT ( "Amendment ") is made and entered into this 17th day of August 2004, 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 C Corporation ( "CONSULTANT "). 1. Pursuant to Section 33 of Agreement No. 3257 ( "Agreement "), a new Section 2(D) is added to read as follows: "D. ADDITIONAL 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 F," which is incorporated by reference. CONSULTANT will begin its services under this Agreement on August 18, 2004. CONSULTANT will complete each of the services set forth in Exhibit "F" to CITY'S satisfaction and will use commercially reasonable efforts to do so in accordance with the schedule provided in attached Exhibit "G." CITY recognizes that CONSULTANT'S ability to adhere to the schedule set forth in Exhibit "G" depends, in some cases, upon the delivery of information, studies, reports and comments from the CITY and other third parties and physical conditions of the project site that may be identified in technical studies conducted pursuant to Exhibit "G" or other studies provided by third parties and that events beyond CONSULTANT'S control may delay performance. 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 "H," 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] 037 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 Mark D. Hensl94 0 Assistant City Craig Fajnor, Vice President P: \Planning & Building Safety\ PROJECTS \626 - 650 \EA - 631 \Contract Documents \CAJA Contract Amendment No. 2.doc 038 Christopher A. Joseph & Associates August 3, 2004 I*4691 i M REVISED SCOPE OF WORK Christopher A Joseph & Associates (CAJA) shall undertake the following work in conjunction with the Second Amendment to Contract No. 3257. The scope of work identified below shall be in addition to the scope of work contained in Exhibit C to the First Amendment to Contract No. 3257. A. Additional Scope for Tasks 2,3, Preparation of Initial Study /Notice of Preparation RECIRCULATION OF INITIAL STUDY AND NOTICE OF PREPARATION CAJA shall revise and recirculate the Initial Study and Notice of Preparation (NOP) for the project to reflect the project changes for the proposed Sepulveda /Rosecrans Rezoning and Plaza El Segundo. B. Additional Scope for Task 4, Prepare Administrative Draft EIR REVISIONS TO ADMINISTRATIVE DRAFT EIR TO REFLECT CHANGES IN EIR ORGANIZATION AND STRUCTURE CAJA shall modify the 1" Administrative Draft EIR to change the organization of the document from an Area A (Project) and Area B (Program) analysis to Sepulveda /Rosecrans Rezoning (Program) and Plaza El Segundo (Project) analysis. The program -level analysis of the Sepulveda /Rosecrans Rezoning shall reflect the proposed C -4 zone that would be applied to the entire project site (Area A and Area B), as identified by the City, while the analysis of the Plaza El Segundo project shall be based on the description provided by the project applicant. 2. REVISIONS TO ADMINISTRATIVE DRAFT EIR TO REFLECT CHANGES TO PROJECT AND CHANGES ASSOCIATED WITH PROJECT SITE CONDITIONS CAJA shall modify the 1" Administrative Draft EIR to reflect the addition of the 4.7 acre parcel (the Southwest Corner Parcel) located at the northeast comer of Sepulveda and Rosecrans to the project site, as identified by the project applicant. CAJA shall also modify the Administrative Draft EIR to reflect changes associated with project site conditions that were identified after commencing the preparation of the environmental documentation. These project site changes include revisions to the traffic analysis as identified in the subtasks below; updated information regarding site characterization and remediation provided by the property owner; and updated information regarding biological resource conditions on the site as identified in the subtasks below. This subtask shall also include time required to coordinate with the City, project applicant and other consultants to obtain the information required to be incorporated in the EIR. Sepulveda /Rosecrans Rezoning and Plaza Et Segundo Development Project Page F -1 039 City of El Segundo Revised Scope of Work Christopher A. Joseph & Associates August 4, 2004 3. REVISIONS TO TRAFFIC STUDY TO REFLECT CHANGES IN PROJECT Crain & Associates shall revise the traffic analysis to reflect the following: revision of report format and analysis from two -phase (Area A /Area B) project to Program (Sepulveda /Rosecrans Rezoning) and Project (Plaza El Segundo) level analyses; revision of traffic analysis to reflect additional access point on Sepulveda Boulevard resulting from addition of Southwest Corner Parcel; recalculation of project trip generation resulting from additional project information provided by project applicant; revision of site access analysis to reflect additional dedication of land by the project applicant on the east side of Sepulveda Boulevard north of the project entrance; recalculation of trip generation and distribution due to changes in project description. 4. MODIFICATIONS TO TRAFFIC STUDY SCOPE OF WORK Crain & Associates shall revise the traffic analysis to reflect the following: expanded weekend analysis (six additional intersections) due to identification of potential impacts at previously analyzed intersections; full intersection analysis of two project alternatives. 5. REVISIONS TO TRAFFIC STUDY RELATED TO ENHANCED MITIGATION MEASURES AND COST ESTIMATES Crain & Associates shall revise the traffic analysis to reflect the following: research into enhanced mitigation measures required to address significant traffic impacts (i.e., mitigation measures that exceed intersection improvements and trip reduction measures that are industry- standard for development projects); analysis of the effects of additional right -of -way offered by the project applicant on the feasibility of mitigation measures to address project impacts; meetings with experts on Integrated Transportation Systems and development of a comprehensive communication and signal system mitigation package; preparation of cost estimates of proposed traffic mitigation. 6. ADDITIONAL BIOLOGICAL WORK - WETLANDS /VERNAL POOLS Dudek & Associates shall conduct a delineation of areas of the Honeywell property that could be under the jurisdiction of the California Department of Fish and Game (CDFG), U.S. Army Corps of Engineers (ACOE) and /or Regional Water Quality Control Board ( RWQCB) to determine the presence /absence of jurisdictional wetlands on the Honeywell portion of the project site. A wetlands delineation consists of field identification of jurisdictional wetlands using the three criteria described in the ACOE's "Federal Manual for Identifying and Delineating Jurisdictional Wetlands ". A wetland delineation technical report shall be provided that provides exhibits showing location and extent of wetlands, description of wetland areas and discussion of agency jurisdiction. Based on the wetlands delineation conducted for the site, Dudek & Associates shall communicate with the Los Angeles RWQCB to determine whether RWQCB intends to take jurisdiction of any wetland Sepulveda /Rosecrans Rezoning and Plaza El Segundo Development Project Page F -2 City of El Segundo Revised Scope of Work 04o Christopher A. Joseph & Associates August 4, 2004 areas identified on site. If a site visit is required, Dudek staff shall accompany cognizant LARWQCB staff to the site for the on -site evaluation. Dudek & Associates shall conduct a survey of areas that appear to contain features indicative of vernal pools to determine whether vernal pools are present on the Honeywell portion of the project site. If suspect depressions on the site are determined to be vernal pools, Dudek shall conduct a delineation of the watersheds and basins for each vernal pool. A letter report shall be prepared that provides the results of the investigation into the presence of absence of vernal pools on the Honeywell portion of the project site. 7. ADDITIONAL BIOLOGICAL WORK - PACIFIC POCKET MOUSE TRAPPING Peter H. Bloom shall conduct 10 days of Pacific Pocket Mouse (PPM) trapping on the appropriate areas of the project site in accordance with relevant protocols established by CDFG and the U.S. Fish and Wildlife Service ( USFWS). This scope of work shall also include a pre- trapping site visit to identify the areas of the site with the conditions most conducive to PPM and coordination with the property owner to provide for access and security during the trapping periods. Direct costs shall include: mileage to and from the trapping site; lodging during the trapping periods and purchase of additional traps required to reduce the trapping time. 8. ADDITIONAL BIOLOGICAL WORK - PACIFIC POCKET MOUSE SURVEY /BURROWING OWL Teracor Resource Management shall provide follow -on services to address site conditions identified in the General Biological Assessment related to the Burrowing Owl and PPM, to include the following: special meetings on -site with City staff, applicant and EIR consulting team to identify conditions related to the presence of Borrowing Owl and PPM on the project site, requirements for investigation and analysis by additional experts and potential mitigation measures; perform a focused PPM field survey in conjunction with a permitted PPM expert and prepare a written assessment of the potential for PPM occurrence and recommended follow -on studies. 9. ADDITIONAL BIOLOGICAL WORK - COORDINATION WITH RESOURCE AGENCIES ON REMEDIATION ACTIVITIES Teracor shall compile all biological assessments prepared for the project site and review the proposed interim remedial measures plan provided by the project applicant and prepare a letter to USFWS and CDFG to document whether sensitive biological resources would be affected by the remediation activities and propose mitigation measures to ensure that no impacts to such resources would occur. Teracor will follow up with USFWS and CDFG staff, including on -site visits if necessary to provide information to the City regarding any potential impacts that could be associated with issuing building and /or grading permits for the proposed remediation activities. Sepulveda /Rosecrans Rezoning and Plaza El Segundo Development Project Page F -3 City of El Segundo Revised Scope of Work VA Christopher A. Joseph & Associates 10. DELETIONS August 4, 2004 The following items are deleted from the scope of work contained in Exhibit C to the First Amendment to Contract No. 3257: Geotechnical Peer Review (Optional Task); Accelerated Time Frame, TERACOR (Biological Resources Report),. C. Additional Scope for Task 5, Revision of Administrative Draft EIR REVISE ADMINISTRATIVE DRAFT EIR FOR ADDITIONAL PROJECT CHANGES CAJA shall revise the 3rd Administrative Draft EIR to reflect changes in the area of the project site proposed to be rezoned to the C -4, Commercial Center, classification and other changes to the proposed General Plan Amendment and Zone Text Amendment that occurred after the 2n° Administrative Draft EIR was prepared. Included in these changes is the keeping of a portion of the site in its current Light Industrial (M -1) and Heavy Industrial (M -2) classifications, instead of rezoning the entire site. The changes to be reflected in the EIR shall be identified to CAJA by the City and /or project applicant. 2. DELETIONS The following items are deleted from the scope of work contained in Exhibit C to the First Amendment to Contract No. 3257: Accelerated Time Frame D. Additional Allowances for Direct Costs Direct cost allowance for CAJA shall be increased to reflect the increase in the size of the traffic study that will be printed as an EIR Appendix and cost of printing and distribution of the revised Initial Study and NOP. Direct cost allowance for Crain & Associates shall be increased to reflect the printing costs associated with the increased size of the revised traffic study. Sepulveda /Rosecrans Rezoning and Plaza El Segundo Development Project Page F -4 U /� 3 City of El Segundo Revised Scope of Work "�' C7 F W 04? v v vi h vri` v o0 o M. � O ao z z z Z, N � C W $ a o a hha 'OT ti U U C N � S N a A v IZ O U +U� cz > -45 3 c U v U v cC a ct cC v v U v v a c2 d � N N N M V M � V N v1 v'1 vt 1p 1p 00 04? 0 DC W a U s `o �U �o �O oGo J ll U FJ. O U �p 9 N u 9 F j O O h O. t U a s 0 3 c v 9 v F O U U U 4.' 6 � 0.2 Q A C 0 U o 'o 0 C C v s .> a E o g A Cy T E 3 v v E a� > k � o a W o v g �s 0 u v pt E v J MA � E w c m v A � k F x ,71 094. N q S v >i z z z z z z O O t N T A v°c� o 0 y� 2 v v ¢ U O pp E N `.3 O ce I v W O A W > 2 U c x a � ° U U U U U U U U U U r r r o r r o ao 00 a U s `o �U �o �O oGo J ll U FJ. O U �p 9 N u 9 F j O O h O. t U a s 0 3 c v 9 v F O U U U 4.' 6 � 0.2 Q A C 0 U o 'o 0 C C v s .> a E o g A Cy T E 3 v v E a� > k � o a W o v g �s 0 u v pt E v J MA � E w c m v A � k F x ,71 094. Christopher A. Joseph & Associates EXHIBIT H REVISED COST TABLE August 4, 2004 SCOPE OF WORK COST Tasks 1,2,3 - Preparation of Initial Study /Notice of Preparation Original Scope Christopher A. Joseph & Associates Craig Fajnor 10 hours @$140 $1,400 Paulette Franco 12 hours @$100 $1,200 Subtotal Initial Study /Notice of Preparation $2,600 Amended Scope - Revise and Recirculate Initial Study/Notice of Preparation Christopher A. Joseph & Associates Jocelyn Swain 10 hours @$100 $1,000 Subtotal, Original Scope Plus Amended Scope $3,600 Task 4 - Preparation of Administrative Draft EIR Original Scope 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 Alpern (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) $8,500 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 Program /Project EIR with optional geotechnical peer review $121,160 Additional cost for Accelerated Time Frame Craig Fajnor 40 hours @$140 $5,600 Sepulveda/Rosecrans Rezoning and Plaza El Segundo Development Project Page H -1 City of El Segundo Revised Cost Table ('� 4 \) Christopher A. Joseph & Associates August 4, 2004 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 Original Scope $141,260 Amended Scope Revise Admin Draft EIR - EIR Organization and Structure Christopher A Joseph & Associates Craig Fajnor 80 hours @$140 $11,200 Jocelyn Swain 150 hours @$100 $15,000 Robert Manford (noiselair quality) 40 hours @ $100 $4,000 Heidi McWhorter 80 hours @$70 $5,600 Lainie Herrera 80 hours @$70 $5,600 Word Processing 30 hours @S45 $ Subtotal, Revise Admin Draft EIR - EIR Organization and Structure $42,750 Revise Admin Draft EIR - Project and Project Site Conditions Changes Christopher A Joseph & Associates Craig Fajnor 80 hours @$140 $11,200 Jocelyn Swain 100 hours @$100 $10,000 Heidi McWhorter 40 hours @$70 $2,800 Lainie Herrera 20 hours @$70 $1,400 Word Processing 40 hours @$45 $ Subtotal, Revise Admin Draft EIR - Project and Project Site Conditions Changes $27,200 Revise Traffic Study - Project Changes Crain & Associates Liz Culhane 80 hours @$135 $10,800 Transportation Engineer 100 hours @ $90 $9,000 Technician 40 hours @ $45 $1,800 Subtotal, Revise Traffic Study - Project Changes $21,600 Revise Traffic Study - Modified Scope of Work Crain & Associates Liz Culhane 20 hours @$135 $2,700 Transportation Engineer 60 hours @ $90 $5,400 Technician 30 hours @ $45 $1,350 Subtotal, Revise Traffic Study - Modified Scope of Work $9,450 Revise Traffic Study - Enhanced Mitigation and Cost Estimates Crain & Associates Sam Ross 20 hours @$230 $4,600 Senior Transportation Engineer 20 hours @$170 $3,400 Liz Culhane 10 hours @$135 $L350 Subtotal, Revise Traffic Study - Enhanced Mitigation and Cost Estimates $9,350 Additional Biological Work - Wetlands /Vernal Pools Sepulveda /Rosecrans Rezoning and Plaza El Segundo Development Project Page H -2 City of El Segundo Revised Cost Table 046 Christopher A. Joseph & Associates August 4, 2004 Dudek & Associates $7,450 Subtotal, Additional Biological Work - Wetlands /Vernal Pools $7,450 Additional Biological Work - Pacific Pocket Mouse Trapping Peter H. Bloom, Zoologist Field Work and Trapping $15,000 Direct Costs $ Subtotal, Additional Biological Work - Pacific Pocket Mouse Trapping $21,031 Additional Biological Work - Pacific Pocket Mouse Survey /Burrowing Owl Jocelyn Swain TERACOR Resource Management $ Subtotal, Additional Biological Work - Pacific Pocket Mouse Survey /Burrowing Owl $3,016 Additional Biological Work - Coordinate with Resource Agencies on Remediation Lainie Herrera TERACOR Resource Management $ Subtotal, Additional Biological Work - Coordinate with Resource Agencies on Remediation $3,000 Deletions Subtotal Draft EIR Geotechnical Peer Review, MACTEC ($7,500) Accelerated Time Frame for Biological Report, TERACOR ($1,500) Subtotal Amended Scope Subtotal, Original Scope Plus Amended Scope $135,847 $277,107 Task 5,6 - Revisions, Draft EIR Original Scope Christopher A. Joseph & Associates Craig Fajnor 60 hours @$140 $8,400 Jocelyn Swain 80 hours @$100 $8,000 Leah Dierkes 40 hours @$70 $2,800 Lainie Herrera 20 hours @$70 $1,400 Word Processing 40 hours @$45 $1,800 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 Original Scope $36,800 Amended Scope Revise Administrative Draft EIR for Additional Project Changes Christopher A Joseph & Associates Craig Fajnor 80 hours @$140 $11,200 Sepulveda/Rosecrans Rezoning and Plaza El Segundo Development Project Page H -3 City of El Segundo Revised Cost Table 047 Christopher A. Joseph & Associates August 4, 2004 Jocelyn Swain 100 hours @$100 $10,000 Heidi McWhorter 40 hours @$70 $2,800 Lainie Herrera 20 hours @$70 $1,400 Word Processing 40 hours @$45 $1,800 Subtotal, Revise Admin Drgft EIR for Additional Project Changes $27,200 Deletion Accelerated Time Frame ( $9,600) Subtotal Amended Scope $17,600 Subtotal, Original Scope Plus Amended Scope $54,400 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) $2,000 Subtotal Final EIR $26,600 Additional Cost for Program /Project EIR Craig Fajnor 20 hours @$140 $2,800 Senior Planner 20 hours @$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 $1,100 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 Subtotal Mitigation Monitoring Program $2,120 Sepulveda/Rosecrans Rezoning and Plaza El Segundo Development Project Page 11-4 City of El Segundo Revised Cost Table 048 Christopher A. Joseph & Associates August 4, 2004 Task 10,11 - Findings, Statement of Overriding Considerations Christopher A. Joseph & Associates Craig Fajnor 10 hours @$140 Paulette Franco 20 hours @$100 Subtotal Findings, Statement of Overriding Considerations $1,400 $2,000 $3,400 DIRECT COSTS (Estimated/Will be Billed at 100% of Actual Cost) Original Scope $18,000 Printing /Graphics /Postage, etc. Amended Scope Christopher A Joseph & Associates $3,000 Crain & Associates $000 Subtotal, Amended Scope $7,000 Subtotal, Original Scope Plus Amended Scope $25,000 ORIGINAL SCOPE $268,760 AMENDED SCOPE $161,447 TOTAL AMENDED CONTRACT AMOUNT $430,207 Sepulveda/Rosecrans Rezoning and Plaza El Segundo Development Project Page H -5 City of El Segundo Revised Cost Table 049 Exhibit "A" July 22, 2004 Ms. Kimberly Christensen, AICP Planning Manager Community Economic and Development Department City of El Segundo 350 Main Street El Segundo, CA 90245 -3813 Harris & Associates Program Managers Construction Managers Civil En ineers 14 L4 tti SUBJECT: Sepulveda/Rosecrans Site Rezoning and Plaza El Segundo Development Proposal to Provide Professional Engineering Services Dear Ms. Christensen: It was a pleasure meeting with you on July 16, 2004 to discuss the City's upcoming Sepulveda/Rosecrans Site Rezoning and Plaza El Segundo Development. We recognize the City's significant planning effort and capital costs associated with the construction of infrastructure for this type of project. Harris & Associates appreciates the opportunity to present this proposal to provide professional engineering services to assist the City with this important project. This proposal is based on our meeting with you and Mr. Seimone Jurjis and our understanding of the project as described below. PROJECT UNDERSTANDING The proposed Sepulveda/Rosecrans Site Rezoning encompasses the rezoning of approximately 108 acres area located at the South edge of the City, at the northeastern comer of the intersection of Sepulveda Boulevard and Rosecrans Avenue. The proposed Sepulveda /Rosecrans Rezoning Site is currently used for industrial purposes and is proposed for development for commercial land uses. The proposed Sepulveda/Rosecrans Site Rezoning site will be developed in two phases. Phase I of the development located west of the Union Pacific Railroad (UPRR) and Burlington Northern Santa Fe (BNSF) railroad tracks will be the Plaza El Segundo Development constructed on approximately 42 acres to be completed by 2007. The remainder of the Sepulveda/Rosecrans Site Rezoning site east of the BNSF railroad tracks will be completed by 2012. The City intends to retain an engineering consultant to provide independent verifications of on -site and off -site infrastructure construction costs provided by the Developer. This will ensure the costs are well defined, are all inclusive, and are accurate for budgetary purposes for the next 8 years. 050 34 Executive Park, Suite 150 Irvine, California 92614 -4705 949.655.3900 FAX 949.655.3995 irvine@harris-assoc.com July 22, 2004 Page 2 of 3 Ms, Kimberly Christensen Sepulveda /Rosecrans Site Rezoning and Plaza El Segundo Development SCOPE OF WORK Task I: Project Management / Meetings In these meetings with City staff and the Developer, we will discuss and review the project goals, project schedule, and request copies of any information required. Harris will prepare meeting agendas and meeting minutes for each meeting. We have included a total of three (3) meetings in our scope of services. It is not anticipated that Harris & Associates will be required to attend the public hearings or City Council meetings regarding the environmental document. Task II: Preliminary Investigations Conduct field review to verify existing site conditions, restrictions and required on -site and off -site mitigation improvements. Review the preliminary plans prepared by the Developer, review the environmental document and technical appendices for required mitigation measures, and other pertinent documents to determine completeness of the conceptual plans and cost estimates. We will investigate each major item of work for the following: a) Proper design parameters are used. b) Appropriate agency standards have been followed. c) Cost estimates are comprehensive of all required on -site and off -site infrastructure improvements d) Coordination between Phase I and Phase II improvements. We will document our findings in a technical memorandum to be submitted to the city for review and comment. Task III: Infrastructure Cost Analysis Once all items of work have been verified to be accurate and complete, we will prepare independent cost estimates of each major item of work. Cost estimates will be prepared for both Phase I and Phase II of the project. A cost comparison between Harris's and the Developer's estimate will be prepared. Items with the largest differences will be further analyzed and presented to the City for discussions with the Developer. Once items of difference have been resolved and updated, a revised cost estimate of infrastructure items for the project will be submitted to the City. 051 Harris & Associates July 22, 2004 Page 3 of 3 Ms. Kimberly Christensen Sepulveda /Rosecrans Site Rezoning and Plaza El Segundo Development SCHEDULE Harris is committed to complete the above scope within four (4) weeks of receiving the Notice to Proceed. This schedule is pending the City and the Developer providing the needed conceptual plans and pertinent information in a timely manner. FEES Harris proposes to provide the above services for the total "not -to- exceed" fee of $14,840. A breakdown of the proposed fees is presented for your information and use in evaluating this proposal. These fees should be considered as a negotiable offer and we would be happy to discuss them in association to our proposed scope of work and make revisions where mutually agreeable. Fees would be invoiced monthly based on the actual hours of work completed. Our services would be accomplished per a contract with the City where all terms and conditions would be as mutually agreed Again, we appreciate the opportunity to meet with you, and look foreword to working with the City of El Segundo on this important project. If you have any further questions, please do not hesitate to call Mr. Ehab Gerges at 949- 655 -3900, ext. 352 i / r Sincerely, .� iha J eyPromhert S. Gerges, P.E. Senior Project Manager Associate /Project Manager Harris Associates Exhibit "B" CITY OF EL SEGUNDO FEE PROPOSAL July 22, 2004 Sepulevda /Rosecrans Site Rezoning and Plaza El Segundo Infrastructure Cost Analysis Harris & Associates n . VZ) 040721 elsegundoplaza- fee.xls 7/22/2004 Proj. Manager roject Enginee Designer Reimb. 11 I Task 1 1 $150 r $130 1 $95 Expenses Subtotals n . VZ) 040721 elsegundoplaza- fee.xls 7/22/2004 I Project Management / Meetings 8 8 $2,240 II Preliminary Investigations 2 12 8 $2,620 III Infrastructure Cost Analysis 8 50 24 $9,980 Quality Reviews $0 $0 Subtotal Hours = 18 70 32 120 Subtotal ($) $2,7001 $9,1001 $3,040 1 $0 $14,840 Total Hours by Classification = 0 181 701 32 120 Total ($) by Classification = $0 $2,7001 $9,1001 $3,040 $0 Percentage of Time Allocated (by hours) =1 0%1 15% 58%1 27% Total I $14,840 n . VZ) 040721 elsegundoplaza- fee.xls 7/22/2004 EL SEGUNDO CITY COUNCIL MEETING DATE: August 17, 2004 AGENDA ITEM STATEMENT AGENDA HEADING: Committees, Commissions and Boards AGENDA DESCRIPTION: Consideration and possible action to award management contract for El Segundo Senior Housing complex, Park Vista, 615 E. Holly Avenue, El Segundo, to Cadman Group Real Estate Management and Consulting. RECOMMENDED COUNCIL ACTION: 1. Approve Senior Housing Board recommendation to award Park Vista Senior Housing management contract to Cadman Group Real Estate Management and Consulting. 2. Alternatively, discuss and take other action regarding this item. BACKGROUND & DISCUSSION: The Park Vista Senior Housing complex is currently managed by Community Housing Management Services (CHMS). Their previous contract expired May 31, 2004, with an extension granted for June 1 through August 31, 2004 to cover services during the RFP process. On July 15, 2004 proposals were received from two management companies: CHMS and the Cadman Group -Real Estate Management and Consulting. Interviews were conducted on July 22, 2004 with a panel consisting of Stacia Mancini, Recreation and Parks Director; Peter Freeman, President, Senior Housing Corporation and Don Mcllroy, Vice President, Senior Housing Corporation. As CHMS has held the management contract for Park Vista during the past six years, the committee deemed it necessary to visit the senior housing site currently managed Cadman Group as part of the interview process. Therefore, on August 2, 2004 the interview panel visited a Long Beach senior complex currently managed by the Cadman Group. On August 4th the Senior Citizen Housing Corporation conducted a special board meeting to review, discuss and evaluate both proposals and site visit. At said meeting, the Corporation decided to recommend contracting with the Cadman Group beginning September 1, 2004. The Cadman Group is a local El Segundo management company with experience operating a non -HUD senior housing complex in Long Beach. In business since 1995, their philosophy is focused upon direct involvement with all aspects of daily operations for optimum tenant satisfaction and effective financial management. Cadman Group currently manages approximately 750 apartment units and 20 light industrial /warehouse spaces. Half of their management portfolio is located in El Segundo. ATTACHED SUPPORTING DOCUMENTS: none FISCAL IMPACT: Operating Budget: none Amount Requested: none Account Number: not applicable Appropriation Required: _Yes X No ORIGINATED DATE: Stacia Mancini, ecreation and Parks Director REVIEWED BY�is.� DATE: ��O�JY Mary Stren . Cri it�iDMana- aer E 05 4 (\ \\ ; e ! ii t w ' )_ k� k� \ w k - - Z : �2 ® � ) ` \ //{ } { /E�\` ! ; / \u _ §u::- {k)2,2 � ! §!�B §�4fa 4= § ! }!!§ _ _ ;&.g& ! ! �:!_ ■_�. �§, »_ : §1 ! _ .. . § :!§�� ;rE ° ;!$,_) ! - Dz :® ��t :, =� =� �, E , /|- ! £! /)\:tEK) §(|� ®�` wa E§ ZZ : ! , |G G ` ::` §t:! /,� ■!!; .<,§20§ §,2- -ms ;;!!; ) ; ) ------ & ;!l;EEmE ;E::! § #2ƒ§ /z){ \) § - /))E\ \ \ & \\ \ }\_ \_/ :\ CITY OF EL SEGUNDO PAYMENTS BY WIRE TRANSFER 7/23/2004 THROUGH 8/5/2004 Date Payee Amount Description 7/22/04 Federal Reserve Bank 50.00 Savings Bond EE Series 7/22/04 Federal Reserve Bank 350.00 Savings Bond I Series 7/27/04 Health Comp 2,424.80 Weekly claims 7/23 7/28/04 Siemens Credit Corp 44,837.50 Qrtly Energy Payment 7/28/04 PGC El Segundo LLC 35,404.70 Golf course transfer 7/29/04 Employment Development 41,180.59 State Taxes 7/29/04 IRS 196,125.73 Federal Taxes 8/3/04 Federal Reserve Bank 100.00 Savings Bond EE Series 8/3/04 Federal Reserve Bank 1,300.00 Savings Bond I Series 8/4/04 Health Comp 2,424.80 Weekly claims 7/27 8/5/04 Health Comp 5,420.26 Weekly claims 8/3 7/23- 8/22/04 Workers Comp Activity 30,247.03 SCRMA checks issued DATE OF RATIFICATION: 8/17/04 TOTAL PAYMENTS BY WIRE: Certified as to the accuracy of the wire transfers by: Date Date Date 360,165.41 I Information on actual expenditures is available in the City Treasurer's Office of the City of El Segundo. 360,165.41 056 REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, AUGUST 3, 2004 — 5:00 P.M. 5:00 P.M. SESSION CALL TO ORDER —Mayor McDowell ROLL CALL Mayor McDowell - Present Mayor Pro Tern Gaines - Present Council Member Boulgarides - Absent Council Member Busch - Present Council Member Jacobson - Present PUBLIC COMMUNICATION — NONE CLOSED SESSION: The City Council moved into a closed session pursuant to applicable law, including the Brown Act (Government Code Section §54960, et sue.) for the purposes of conferring with the City's Real Property Negotiator; and /or conferring with the City Attorney on potential and /or existing litigation; and /or discussing matters covered under Government Code Section §54957 (Personnel); and /or conferring with the City's Labor Negotiators; as follows: CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Gov't Code §54956.9(a)) — 6 matters Flynn v. City of El Segundo, LASC No. YC046253 Bressi v. City of El Segundo, LASC Nos. BC288292 and 288293 Emazeki v. City of El Segundo, LASC No. YC047980 Taylor v. City of El Segundo, LASC No. YC047383 Hafley v. City of El Segundo, LASC No. YC045092 Haney v. City of El Segundo, WCAB No. MON0303279 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) — 0 matter CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957.6) — 0 matter CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8) — 0 matter MINUTES OF THE REGULAR CITY COUNCIL MEETING AUGUST 3, 2004 PAGE NO. 1 6 SPECIAL MATTERS — 0 matter Council moved to open session at 6:59 p.m. MINUTES OF THE REGULAR CITY COUNCIL MEETING AUGUST 3, 2004 PAGE NO. 2 058 REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, AUGUST 3, 2004 — 7:00 P.M. 7:00 P.M. SESSION CALL TO ORDER — Mayor McDowell at 7:00 p.m. INVOCATION — Rev. Dino Tumbuan of Saint John's Lutheran Church PLEDGE OF ALLEGIANCE — Council Member Carl Jacobson PRESENTATIONS — (a) Mayor Pro Tem Gaines presented a Proclamation declaring Saturday, September 18, 2004 as the 2004 Heart Walk Los Angeles to be held at Mattel corporate headquarters from 8:00 a.m. to 12:00 p.m. (b) Mayor McDowell presented a Commendation to outgoing Donna McCarthy, Library Board of Trustees, for her valued services rendered in the public interest as a member of the El Segundo Library Board of Trustees. ROLL CALL Mayor McDowell - Present Mayor Pro Tern Gaines - Present Council Member Boulgarides - Absent Council Member Busch - Present Council Member Jacobson - 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. Floyd Carr, resident representing the Centinela Valley YMCA, spoke regarding the Mayor's Good Friday Breakfast and presented a donation check to the El Segundo Teen Center. Dan Erhler, Executive Director of the Chamber of Commerce, spoke regarding item 11, Richmond Street Fair and item 14, changing the Farmers' Market Day. Requested Council involve DESI in any discussions. MINUTES OF THE REGULAR CITY COUNCIL MEETING AUGUST 3, 2004 PAGE NO. 3 059 Jack Kenton, resident, spoke regarding item 3, LAX Advisory Committee members. Liz Garnholz, resident, spoke regarding item 3, LAX Advisory Committee, item 6, City Attorney legal services, item 14, changing Farmers' Market Day and item 15, joint meeting with the City Council and various Committee and Commissions. Terry O'Brien, resident, spoke regarding the City's Hyperion representative and the mosquito problem. Dorothy Kent, resident, spoke regarding the Hyperion representative. Also spoke regarding the traffic problem caused by the trees on Main Street. A. PROCEDURAL MOTIONS Consideration of a motion to read all ordinances and resolutions on the Agenda by title only. MOVED by Council Member Jacobson, SECONDED by Council Member Busch to read all ordinances and resolutions on the Agenda by title only. MOTION PASSED BY UNANIMOUS VOICE VOTE. 4/0. COUNCIL MEMBER BOULGARIDES ABSENT. B. SPECIAL ORDERS OF BUSINESS Consideration and possible action regarding a report from West Vector Control District regarding West Nile Virus. Mary Strenn, City Manager, gave a brief introduction. Robert Saviskas, Executive Director of West Vector Control District, gave a presentation regarding the West Nile Virus. Council consensus to receive and file report. 2. Consideration and possible action to conduct a public hearing for the purpose of introducing the ordinances and scheduling a second reading of ordinances increasing the amounts for water and wastewater rates. Mayor McDowell stated this is the time and place hereto fixed for a public hearing for the purpose of introducing the ordinances and scheduling a second reading of ordinances increasing the amounts for water and wastewater rates. Deputy City Clerk Domann stated that proper notice was completed and no written communications had been received in the City Clerk's Office. Mary Strenn, City Manager, gave a report. Bill Bue, Water/Wastewater Rate Task Force Chair, gave a report. MINUTES OF THE REGULAR CITY COUNCIL MEETING AUGUST 3, 2004 PAGE NO. 4 0 ti() Zeki Kayiran, President AKM Consulting, gave a presentation regarding recommended rate structures for water and wastewater operations. Liz Garnholz, resident, requested that a thirteen -month cost breakdown be included on water billing statements. Jack Kenton, resident, requested clarification on how wastewater billing was determined on the water billing statements. Council Member Jacobson stated he was in favor of the water rate increase but not in favor of the wastewater rate increase, nor treating wastewater as an "enterprise fund ". Mayor Pro Tem Gaines spoke regarding the Strategic Planning Session and the funds set aside for the Capital Improvement Water Well Project. Requested staff investigate the possibility of using those funds to offset the deficit faced by the water and wastewater operations. Also suggested the possibility of other sources of government funding. MOVED by Council Member Jacobson, SECONDED by Mayor Pro Tem Gaines to continue to the Public Hearing to the August 17, 2004 Council Meeting. MOTION PASSED BY UNANIMOUS VOICE VOTE. 4/0. COUNCIL MEMBER BOULGARIDES ABSENT. C. UNFINISHED BUSINESS D. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS 3. Consideration and possible action regarding the appointments to the Los Angeles International Airport ( "LAX ") Area Advisory Committee of the Los Angeles World Airports ( "LAWA "). MOVED by Mayor McDowell, SECONDED by Mayor Pro Tem Gaines to appoint John Dragone and Julie Taylor to the Los Angeles International Airport Area Advisory Committee of the Los Angeles World Airports. MOTION PASSED BY UNANIMOUS VOICE VOTE. 4/0. COUNCIL MEMBER BOULGARIDES ABSENT E. CONSENT AGENDA All items listed are to be adopted by one motion without discussion and passed unanimously. If a call for discussion of an item is made, the item(s) will be considered individually under the next heading of business. 4. Approved Warrant Numbers 2541944 to 2542224 on Register No. 20 in the total amount of $1,578,016.84 and Wire Transfers from 07/09/2004 through 07/22/2004 in the total amount of $1,206,203.86. 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. 5. PULLED FOR DISCUSSION BY COUNCIL MEMBER BUSCH MINUTES OF THE REGULAR CITY COUNCIL MEETING AUGUST 3, 2004 PAGE NO. 5 061 PULLED FOR DISCUSSION BY COUNCIL MEMBER BUSCH Adopted Resolution No. 4384 establishing a policy for retaining, purging and using electronic communications including electronic mail and voicemail. 8. PULLED FOR DISCUSSION BY COUNCIL MEMBER BUSCH 9. Adopted the City's Investment Policy as submitted 10. Authorized the City Manager to execute a standard Professional Services Agreement No. 3358 with Comerica Bank for check processing, lockbox, software upload services for utility payments made by residential and commercial accounts. (Fiscal Impact $15,100). 11. Waived fees for city services associated with Richmond Street Fair. (Fiscal Impact $2,070). 12. Waived fee for city services associated with the American Heart Associations' Annual Heart Walk Fundraiser. (Fiscal Impact $6,497) MOVED by Mayor Pro Tern Gaines, SECONDED by Council Member Busch to approve Consent Agenda Numbers 4, 7, 9, 10, 11 and 12. MOTION PASSED BY UNANIMOUS VOICE VOTE. 4/0. COUNCIL MEMBER BOULGARIDES ABSENT. CALL ITEMS FROM CONSENT AGENDA 5. City Council Minutes of Special Meeting of July 15, 2004, July 16, 2004 and July 20, 2004 and Regular City Council Meeting Minutes of July 20, 2004. Council Member Busch, requested the following addition to page 2, item IV of the Special Meeting Minutes of July 16, 2004: "MOVED by Council Member Busch, SECONDED by Council Member Jacobson to direct staff to present a new proposal for not back filling of two (2) suppression staff and up to four (4), in the fire department required to achieve savings of $545,300, and the City will attempt to maintain three operational engines in order to continue current level of service to the best of the City's ability." MOVED by Council Member Busch, SECONDED by Mayor Pro Tern Gaines, to approve the Meeting Minutes as amended. MOTION PASSED BY UNANIMOUS VOICE VOTE. 4/0. COUNCIL MEMBER BOULGARIDES ABSENT. 6. Consideration and possible action regarding approval of an Agreement with Jenkins & Hogin, LLP, to provide City Attorney legal services to the City with City Attorney Mark Hensley continuing his appointment as City Attorney. MINUTES OF THE REGULAR CITY COUNCIL MEETING AUGUST 3, 2004 PAGE NO. 6 0 6 MOVED by Council Member Busch, SECONDED by Mayor Pro Tern Gaines, to approve Agreement No. 3359 with Jenkins & Hogin, LLP, to provide City Attorney legal services to the City with City Attorney Mark Hensley continuing his appointment as City Attorney. MOTION PASSED BY UNANIMOUS VOICE VOTE, 4/0. COUNCIL MEMBER BOULGARIDES ABSENT. 8. Consideration and possible action to receive and file the FY 2004 -2005 Preliminary Operating Budget and Five Year Capital Improvement Project Plan and publish key budget dates. MOVED by Council Member Busch, SECONDED by Council Member Jacobson to receive and file FY 2004 -2005 Preliminary Operating Budget and Five Year Capital Improvement Project Plan and authorize publication of announcements of key budget dates: a) Budget Workshops — August 17, 2004, 5:00 p.m. to 7:00 p.m., b) Continued if Necessary — August 18, 2004, 5:30 p.m. to 7:00 p.m., c) Public Hearing — September 7, 2004, 7:00 p.m., d) Continued Public Hearing and Adoption — September 21, 2004,7:00 p.m. MOTION PASSED BY UNANIMOUS VOICE VOTE. 4/0. COUNCIL MEMBER BOULGARIDES ABSENT. F. NEW BUSINESS 13. Consideration and possible action regarding entering into an agreement with Cotton /Bridges /Associates to provide environmental services (National Environmental Quality Act — NEPA and California Environmental Quality Act — CEQA) for the Sewer Rehabilitation Project in the Smoky Hollow area (Alley west of Main Street from El Segundo Boulevard and in Franklin Avenue from Arena Street and from Eucalyptus Drive to Arena Street). (Estimated Cost $11,000) Council Member Jacobson left the dais due to his potential conflict regarding real property interests. Mary Strenn, City Manager, gave a report. MOVED by Mayor Pro Tern Gaines, SECONDED by Council Member Busch to approve entering into Agreement No. 3360 with Cotton /Bridges /Associates to provide environmental services (National Environmental Quality Act — NEPA and California Environmental Quality Act — CEQA) for the Sewer Rehabilitation Project in the Smoky Hollow area (Alley west of Main Street from El Segundo Boulevard and in Franklin Avenue from Arena Street and from Eucalyptus Drive to Arena Street). (Estimated Cost $11,000). Authorized the City Manager to execute on behalf of the City. MOTION PASSED BY THE FOLLOWING VOTE: AYES: MAYOR MCDOWELL, MAYOR PRO TEM GAINES, COUNCIL MEMBER BUSCH; NOES: NONE; ABSENT: COUNCIL MEMBER BOULGARIDES; NOT - PARTICIPATING: COUNCIL MEMBER JACOBSON. 3/0/1. Council Member Jacobson returned to the dais. G. REPORTS — CITY MANAGER — NONE H. REPORTS — CITY ATTORNEY — NONE MINUTES OF THE REGULAR CITY COUNCIL MEETING AUGUST 3, 2004 PAGE NO. 7 063 REPORTS — CITY CLERK — NONE REPORTS — CITY TREASURER — NONE K. REPORTS — CITY COUNCIL MEMBERS Council Member Busch — 14. Consideration and possible action regarding directing staff to evaluate the feasibility of changing the Farmers' Market schedule to an alternative day and time. Council consensus to direct staff to study Farmers' Market alternatives and report back to Council at a later date. 15. Consideration and possible action regarding directing staff to bring back to the City Council, the feasibility of holding a meeting, to be run by a facilitator, with the City Council, and chairs of all City committees, commissions and boards, for the purpose of improving communications and promoting discussion regarding a vision for the future of the community. Council consensus to direct staff to poll the various Committees and Commissions to determine interest in agendizing individual meetings with the Council. Council Member Jacobson — NONE Mayor Pro Tern Gaines — Spoke regarding MAX meeting and Policy Board Report and recent EPA emissions requirements and impact on upcoming budget. Also spoke regarding the Los Angeles Times article pertaining to the El Segundo Power Plant. Directed the City Manager to contact the City Manager in Morro Bay regarding their power plant modifications. Mayor McDowell — NONE 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. Joe Brandon, resident, spoke regarding tree hazards in the downtown area. Requested that the trees be trimmed to reduce risk. Mayor Pro Tern Gaines requested the City Manager report back on status of tree trimming around stop signs. MINUTES OF THE REGULAR CITY COUNCIL MEETING AUGUST 3, 2004 PAGE NO. 8 064 MEMORIALS - Joan Garcia, former City Employee. CELEBRATIONS — Brenna Jean, daughter of Dan O'Toole, El Segundo Community Cable Supervisor and his wife Janice and little sister to 3 year old Erica. Katherine Gloria Plumlee, first child of Bret Plumlee, El Segundo Administrative Services Director and his wife Michelle. CLOSED SESSION - NONE ADJOURNMENT at 9:10 p.m. Cathy Domann, Deputy City Clerk MINUTES OF THE REGULAR CITY COUNCIL MEETING AUGUST 3, 2004 PAGE NO. 9 065 EL SEGUNDO CITY COUNCIL AGENDA ITEM STATEMENT AGENDA MEETING DATE: August 17, 2004 AGENDA HEADING: Consent Consideration and possible action regarding approval of an agreement with the law firm of Liebert, Cassidy & Whitmore to provide special counsel legal services with respect to labor and employment issues. RECOMMENDED COUNCIL ACTION: 1) Authorize the City Manager to execute a legal service agreement with Liebert, Cassidy & Whitmore; 2) Alternatively, discuss and take other action related to this item. BACKGROUND & DISCUSSION: The City Attorney's Office will continue to provide legal services with respect to routine labor and employment services. Additionally, in July 2004, the City entered into an agreement with Liebert, Cassidy & Whitmore to provide up to five days of labor and employment group training workshops, telephone consultation services for labor and employment services for matters that can be resolved through short telephone consultations, and a monthly newsletter service at a cost of $2,263 a year. The City currently also has contracted for labor negotiation services with Liebert, Cassidy & Whitmore and from time to time has utilized the Firm for personnel issues related to the Police Department. (continued on next page) ATTACHED SUPPORTING DOCUMENTS: Draft Agreement FISCAL IMPACT: NONE Mark Hensley REVIEWED BY: Ma �V Av Attnrnav DATE: C: \Documents and Settings \Hensley -M \Local Settings \Temporary Internet Files \OLK1 \Liebert Cassidy Staff Report_doc 7 066 Given the complexity of labor and employment issues that may arise, the City Manager is recommending that the Council authorize the City Manager to execute the attached legal services agreement with Liebert, Cassidy & Whitmore to provide those services that will not be provided by the City Attorney's Office (for example, complex discipline matters, drafting of certain employment polices, and labor disagreements). The proposed agreement provides that the first 10 hours of services per month will be provided at the hourly rates of $165 for associates and $200 for partners. The next 10 hours of services per month will be provided at the hourly rates of $180 for associates and $225 for partners. The hourly rates thereafter will be $200 for associates and $240 for partners. To the extent the City does utilize the maximum number of hours under either of the two lower tier rate schedules in any month, the unutilized hours will be carried over into the following months of service based at the same tier level. The City Manager and City Attorney met with Melanie Poturica, the Managing Partner of Liebert, Cassidy & Whitmore, to negotiate the above rate schedule, assure that the City will receive continuity of services from experienced personnel of the Firm, and to discuss the average amount spent by the City on an annual basis for employment and labor services so that the Firm would understand the budget that it is expected to operate within. Based upon the meeting and the proposed agreement, it is anticipated that the current budget for legal services will be sufficient to allow the City to receive the same level of service as it currently enjoys. C: \Documents and Settings \Hensley -M \Local Settings \Temporary Internet Files \OLKI \Liebert Cassidy Staff Report.doc AGREEMENT FOR SPECIAL SERVICES This Agreement is entered into between the law firm of LIEBERT CASSIDY WHITMORE, A Professional Corporation ( "Attorney "), and the CITY OF EL SEGUNDO, A Municipal Corporation ( "City"). 1. Conditions This Agreement will not take effect, and Attorney will have no obligation to provide services, until City returns a properly signed and executed copy of this Agreement. 2. Attorney's Services Attorney agrees to provide City with consulting, representational and legal services pertaining to employment relations matters, including representation in administrative and City proceedings, as requested by City or otherwise required by law. 3. Fees, Costs, Expenses City agrees to pay Attorney the sums billed monthly for time spent by Attorney in providing the services, including reasonable travel time, with the exception of travel time to /from the City, for which time Attorney will not be compensated. For each month, the City shall pay Attorney for the first ten (10) hours of service per month at the Tier 1 rate, for the second ten (10) hours per month at the Tier 2 rate, and for all additional hours in that month at the Tier 3 rate. Any unused hours in Tier 1 and/or Tier 2 shall carry over to subsequent months. For example, if the City only uses 5 hours of Attorney services in a month, the City shall be entitled to five (5) additional hours of services at the Tier 1 rate in a subsequent month, so that the first fifteen (15) hours of service in the subsequent month would be at the Tier 1 rate, with the next twenty 068 (20) hours in that subsequent month being paid at the Tier 2 rate. Similarly, if the City uses a total of twelve (12) hours of service in the first month, the City would be entitled in a subsequent month to ten (10) hours of service at the Tier 1 rate, and eighteen (18) hours of service at the Tier 2 rate. The Tier 1 hourly rate is Two Hundred Dollars ($200.00) for Partners and Of Counsel and One Hundred Sixty -Five Dollars ($165.00) for Associates. The Tier 2 hourly rate is Two Hundred Twenty -Five Dollars ($225.00) for Partners and Of Counsel and One Hundred Eighty Dollars ($180.00) for Associates. The Tier 3 hourly rate is Two Hundred Forty Dollars ($240.00) for Partners and Of Counsel and Two Hundred Dollars ($200.00) for Associates. The hourly billing rate for paraprofessional staff is from Ninety -Five to One Hundred Ten Dollars ($95.00 - $110.00). Attorneys and paraprofessional staff bill their time in minimum units of one -tenth of an hour. City agrees to reimburse Attorney for necessary costs and expenses incurred by Attorney on behalf of City. Attorney bills photocopying charges at Fifteen Cents ($.15) per page and facsimile charges at One Dollar ($1.00) per page. Payment by City against monthly billings is due upon receipt of statements, and is considered delinquent if payment is not received within thirty (30) days of the date of the invoice. The California Business & Professions code requires us to inform you whether we maintain errors and omissions insurance coverage applicable to the services to be rendered to you. We hereby confirm that the firm does maintain such insurance coverage. 2 06 4. Arbitration of Professional Liability or Other Claims Disputes. If a dispute between City and Attorney arises over fees charged for services, the controversy will be submitted to binding arbitration in accordance with the rules of the California State Bar Fee Arbitration Program, set forth in California Business and Professions Code, sections 6200 through 6206. The arbitrator or arbitration panel shall have the authority to award to the prevailing party attorneys' fees, costs and interest incurred. Any arbitration award may be served by mail upon either side and personal service shall not be required. If a dispute arises between City and Attorney over any other aspect of the attorney - client relationship, including, without limitation, a claim for breach of professional duty, that dispute will also be resolved by arbitration. It is understood that any dispute as to any alleged breach of professional duty (that is, as to whether any legal services rendered under this agreement were allegedly unnecessary, unauthorized, omitted entirely, or were improperly, negligently or incompetently rendered) will be determined by submission to arbitration as provided by California law, and not by a lawsuit or resort to court process except as California law provides for judicial review of arbitration proceedings. Both parties to this agreement, by entering into it, are giving up their constitutional right to have any such dispute decided in a court of law before a jury, and instead are accepting the use of arbitration. Each party is to bear its own attorney's fees and costs. 5. File Retention After our services conclude, Attorney will, upon City's request, deliver the file for the matter to City, along with any funds or property of City's in our possession. If City 070 requests the file for the matter, Attorney will retain a copy of the file at the City's expense. If City does not request the file for this matter, we will retain it for a period of seven (7) years after this matter is closed. If City does not request delivery of the file for this matter before the end of the seven (7) year period, we will have no further obligation to retain the file and may, at our discretion, destroy it without further notice to City. At any point during the seven (7) year period, City may request delivery of the file. 6. Assignment This Agreement is not assignable without the written consent of City. 7. Independent Contractor It is understood and agreed that Attorney, while engaged in performing the terms of this Agreement, is an independent contractor and not an employee of City. 8. Term This Agreement is effective September 1, 2004, ongoing and may be modified by mutual agreement of the parties. This agreement shall be terminable by either party upon thirty (30) days written notice. LIEBERT CASSIDY WHITMORE, CITY OF EL SEGUNDO A Professional Corporation A Municipal Corporation IC LM Date .2004 Date APPRO D AS TO FORM: C� Mark Hensley; City Attorney 2004 071 EL SEGUNDO CITY COUNCIL MEETING DATE: August 17, 2004 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action to authorize the City Manager to execute an agreement with the law firm of Burke, Williams and Sorensen for purposes of completing current litigation and for purposes of retaining future special counsel as determined by the City Manager and City Council RECOMMENDED COUNCIL ACTION: 1) Authorize the City Manager to execute an agreement with Burke, Williams and Sorensen for specific legal services; 2) Alternatively, discuss and take other action related to this item. BACKGROUND & DISCUSSION: At the last regular City Council meeting, the Council took action to approve an agreement with the firm of Jenkins and Hogin for City Attorney services. The action was necessitated by incumbent City Attorney's decision to affiliate with that firm effective September 1, 2004. However, the City is utilizing attorneys from City Attorney's existing firm, Burke, Williams and Sorensen as special counsel for specific projects that will carry into the next year. Currently, Burke, Williams and Sorensen is working on four existing cases — three related to ICRMA liability issues and one case related to the Douglas Street project. It is in the City's best interest to allow those attorneys complete that work. In addition, the attached agreement would afford the City the opportunity to retain Burke, Williams and Sorensen as special counsel, if the need to do so is determined by the City Council and /or City Manager. The rates will be identical to existing rates paid by the City for those services. Those rates are $175.00 /hour for work performed by a Partner and $150.00 /hour for work performed by an Associate. ATTACHED SUPPORTING DOCUMENTS: None FISCAL IMPACT: None Operating Budget: Amount Requested: Account Number: Project Phase: 8 u 7 :: EL SEGUNDO CITY COUNCIL MEETING DATE: August 17, 2004 AGENDA ITEM STATEMENT AGENDA HEADING: Consent AGENDA DESCRIPTION: Consideration and possible action regarding the appointment of private sector business representative from the City of El Segundo, Elyse Rothstein of Industrial Lock & Security, to the South Bay Workforce Investment Board (SBWIB). RECOMMENDED COUNCIL ACTION: (1) Ratify the El Segundo Chamber of Commerce nomination and appointment of Elyse Rothstein, to Seat #18 of the SBWIB; (2) Request City Clerk to forward a certified copy of the Council's action to the SBWIB; (3) Alternatively, discuss and take other action related to this item. BACKGROUND & DISCUSSION: The South Bay Workforce Investment Board (SBWIB), f /k/a South Bay Private Industry Council ( "PIC "), provides guidance for programs administered under the Federal Workforce Investment Act, under a Joint Powers Agreement (JPA), for the eight cities of El Segundo, Gardena, Hawthorne, Hermosa Beach, Inglewood, Lawndale, Manhattan Beach and Redondo Beach. The JPA is the instrument that allows the cities to pool and utilize available federal funds. Pursuant to the amended JPA dated May 16, 2002, Section 3, Sub -Part 3 of Section 4 of Agreement No. 83 -100 requires that each of the SBWIB member cities shall appoint at least two private- sector employers, to serve on the SBWIB as representatives of their respective cities' private sector businesses. The process specified by the JPA requires that nominees originate from a business group. Historically, the chambers of the member cities are the business group. The chambers nominate a business representative to the SBWIB, which nomination is then ratified by the respective city councils. On June 15, 2004, the City Council ratified the nomination and appointment of Dennis DiPasquale, to Seat #10, one of the two El Segundo seats on the SBWIB. The attached letter from the El Segundo Chamber of Commerce reflects the nomination and request for the City Council appointment of Elyse Rothstein, owner of Industrial Lock & Security, and a member of the El Segundo Chamber of Commerce, to the unexpired four -year term of Joe Harding, Seat #18, which began July 1, 2002 and ends June 30, 2005. ATTACHED SUPPORTING DOCUMENTS: Letter request from the El Segundo Chamber of Commerce, dated July 23, 2004. FISCAL IMPACT: N Operating Budget: Amount Requested: Account Number: Project Phase: Yes _ No ORIGINATED: DATE: August 9, 2004 , la O. Abreu, Executive Assistant REVIEWED BY:. DATE: August , 2004 er %y g joa. Council Agendas \081704 Staff Ra- App,oval of Reps to SBWIB- Rothstcin.doc G'7:3 AUG- 5 -04 THU 3 :43 PM i -i s<gwno ThetHAM3ER TGe Voice for &-weelr July 23, 2004 The Honorable Kelly McDowell, Mayor and City Council City of El Segundo 350 Main Street El Segundo, CA 90245 Dear Mayor McDowell and City Council: P. On behalf of the El Segundo Chamber of Commerce, please accept the nomination of the following individual to be appointed to the South Bay Workforce Investment Board as a representative of the El Segundo private sector. Seat 18 Elyse Rothstein, Owner, Industrial Lock & Security, to complete the term that began July 1, 2002, and ends June 30, 2005. Your invaluable time, consideration, and acceptance of this nomination are greatly appreciated. Most sincerely, Daniel L. Ehrler Executive Director Cc: Jan Vogel, Executive Directors/ South Bay Workforce investment Board 11539 Hawthorne Boulevard — Suite 500 Hawthorne, CA 90250 427 Main Street • El Segundo, CA 90245 • 310.322.1220 • Fax 310.322.6880 0'7' Email: info@elsegundochamber.org RUG -05 -2004 16:43 94% P.01 EL SEGUNDO CITY COUNCIL MEETING DATE: August 17, 2004 AGENDA ITEM STATEMENT AGENDAHEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action regarding payment to the City of Los Angeles, Hyperion Treatment Plant for one -half the change order regarding the construction of the new security fence realignment located in the Department of Water and Power (DWP) right -of -way - (Estimated cost = $34,846). RECOMMENDED COUNCIL ACTION: Recommendation — (1) Authorize the payment of $34,846 to the City of Los Angeles, Hyperion Treatment Plant; (2) Alternatively, discuss and take other action related to this item. BACKGROUND & DISCUSSION: In August, 2003 HTP began installing a ten feet security fence located in the DWP right -of- way, which separates the City of El Segundo and HTP, between Imperial Avenue and Grand Avenue. This new fence would replace an existing six (6) foot fence that was in disrepair. ATTACHED SUPPORTING DOCUMENTS: Invoice. FISCAL IMPACT: Operating Budget: Amount Requested: Account Number: Project Phase: Appropriation Required Yes $34,846 117 - 400 - 0000 -6206 Change order to security fence Yes ORIGINATED BY: DATE: August 10, 2004 Seimone Jurjis, Acting City Engineer REVIEWED BY: DATE: oI'ey 08 -17 -04 Payment to City of Los Angeles Hyperion Treatment Plant 10 for one -half of Construction Costs for New Security Fence RealigoeT BACKGROUND & DISCUSSION: During the installation of the fence, many of El Segundo's resident's ocean views were blocked. The residents contacted the City requesting that the City intervene and request HTP to suspend their construction. After several discussions, HTP agreed to realign the fence so that views were preserved. HTP is requesting that the City pay the full change order amount of $69,692. Since this is an issue for both HTP and the City, staff recommends in paying half the change order cost of $34,846. The funds that would be used in the sharing this cost will come from the Hyperion Mitigation Fund. This fund was set aside to address mitigation issues and to pay forthe City's mitigation monitor. The money that has been deposited in the fund are direct payments from HTP. 08 -17 -04 Payment to City of LOS Angeles Hyperion Treatment Plant for one -half of Construction Costs for New Security Fence Realignment 0 7 r r� CITY OF LOS ANGELES Mihran Sarkisian Phone 310- 648 -5211 INVOICE Sanitary Wastewater Manager III Hyperion Treatment Division Fax 310 - 648 -5123 Bureau of Sanitation 12000 Vista del Mar Playa del Rey, CA 90293 BILL TO: Invoice Number MESO4001 Mary Strenn City Manager Invoice Date 07/12/04 City of El Segundo 350 Main Street El Segundo, CA 90245 Total cost of fence: $ 184,226 Original cost of fence $ (107,234 Imperial Highway gates: $ (7,300 Cost to El Segundo: The original cost of the Hyperion Treamtent Plant east perimeter fence project was $107,234 to replace the existing six foot fence with a 10 foot fence with barbed wire. The City of Ell Segundo requested to reroute the fence as discussed at the Citizens Community meeting. The city of El Segundo offered to pay for the additional cost to move the fence. The original contractor, Crown Fence, was paid $90,916 for the work completed. A new contractor, Quality Fence, had the lowest bid to continue installations per the City of El Segundo's request. The additional cost was $93,310 including improvements to the gates on Imperial Highway, per the City of Los Angeles request, in the amount of $7,300. The total cost of the fence was $184,226. This invoice reflects the total cost of the fence, $184,226, minus the original cost of the fence, $107,234, and the Imperial Highway gate modifications, $7,300. The total amount owed to the City of Los Angeles by the City of El Segundo is $69,692. Questions concerning this invoice? Call David Vaughn 310 - 648.5024 Payment Due Date: August 12, 2004 MAKE ALL CHECKS PAYABLE TO: CITY OF LOS ANGELES 077 EL SEGUNDO CITY COUNCIL MEETING DATE: August 17, 2004 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action regarding approval of a license agreement between the City and West Basin Municipal Water District (West Basin) to allow use of a portion of the parking lot at the City's golf course for parking of construction related vehicles and equipment - (Fiscal Impact — None). RECOMMENDED COUNCIL ACTION: 1. Authorize the City Manager to sign license agreement; and /or, 2. Alternatively, discuss and take other action related to this item. BACKGROUND & DISCUSSION: West Basin is undergoing substantial renovation to their existing facility generating a number of vehicles used by the construction workers of the site. West Basin has requested to use a portion of the parking lot, directly west of West Basin (Exhibit A), at the City's golf course during construction, for the parking of vehicles only and not for staging or the storage of materials. City staff has determined the parking lot is not readily used and would not be an impact to current activities. (Background and discussion continued on the next page) ............. ATTACHED SUPPORTING DOCUMENTS: 1. License Agreement. 2. Location map (Exhibit "A "). FISCAL IMPACT: None Operating Budget: Amount Requested: Account Number: Project Phase: Appropriation Required: No ORIGINATED BY: DATE: August 10, 2004 Seimone Jurjis, Acting City Engineer REVIEWED BY: DATE: %4=ajy Mary Strenn, City Manager 11 08-9 -04 Approval of a License Agreement rCoren WaMWO and Ve City a use a denser met M Me Cttyc WH Course Pdtkip LM for Conatruclbn Relate] Vehiple4 and Equ9m¢nt 0,78 BACKGROUND & DISCUSSION (continued): The agreement states that activities associated with the City's golf course do have priority over all other uses and that the City can terminate the agreement at any time. West Basin is expected to use the parking lot for not more than two years beginning September 1, 2004 In return to allowing West Basin use of the parking lot, West Basin will make improvements to the parking lot at the end of West Basin's construction project. West Basin will slurry seal, restripe, and provide landscaping to the parking lot to the satisfaction of the Director of Recreation and Parks. 0'7 9 LICENSE AGREEMENT BETWEEN THE CITY OF EL SEGUNDO AND WEST BASIN MUNICIPAL WATER DISTRICT THIS LICENSE is made and executed this 28th day of June, 2004, between the CITY OF EL SEGUNDO, a municipal corporation ( "CITY "), and WEST BASIN MUNICIPAL WATER DISTRICT, ( "WEST BASIN"). 1. LICENSE; DESCRIPTION OF PROPERTY. CITY licenses WEST BASIN to use, on the terms and conditions below, a portion of real property used for overflow parking from CITY's municipal golf course situated at the east side of Sepulveda Boulevard that is more particularly depicted in attached Exhibit "A" and incorporated by reference ( "Property "). CITY's action is not, and should not be construed to be, a conveyance of a property interest or a lease; it is a nonexclusive license to use the Property only. 2. USE OF PROPERTY. A. WEST BASIN may use the Property for parking vehicles associated with WEST BASIN's construction efforts. WEST BASIN's use of the Property is limited to the areas depicted on attached Exhibit A. B. The Property may only be used for parking vehicles. It may not be used for construction staging or for storage of construction materials and equipment. C. CITY may change, amend, or terminate WEST BASIN's use of the Property at any time, and in its sole discretion verbally or in writing. D. WEST BASIN understands and agrees that activities associated with CITY's municipal golf course have priority over all other uses at the Property and that CITY may, as a result, amend WEST BASIN's use of the Property as specified in this License. 3. WEST BASIN'S RESPONSIBILITIES. In lieu of WEST BASIN paying an annual fee to the CITY, WEST BASIN will perform the following services: A. WEST BASIN will slurry seal and restripe Property upon completion of WEST BASIN'S construction efforts at the Plant, at WEST BASIN's own cost. B. WEST BASIN will perform landscaping along Property fenceline to the satisfaction of the Director of Recreation and Parks, at WEST BASIN's own cost. C. WEST BASIN will not unreasonably interfere with or obstruct the public use of CITY's real property or rights -of -way. Agre==t W 1514, Pagen l of 7 080 D. If any public property is damaged by WEST BASIN's use of the Property, WEST BASIN must, at its own cost and expense, immediately repair any and all such damage and restore the Property to as good a condition as before such usage or cause of damage occurred. All such repair and restoration must be completed under the direction and satisfaction of CITY's Public Works Director. E. WEST BASIN must cause the Property to be kept clean and swept at least once per week. 4. TERM. Except as provided in Section 5, the term of this License will run from the date of execution for two (2) years. The term may be extended by written amendment to this License. 5. TERMINATION. A. CITY may terminate this License at any time with or without cause. Termination will be effective upon notification, unless CITY specifies otherwise. Termination of this License by the City will terminate WEST BASIN responsibilities under this License. B. By executing this document, WEST BASIN waives any and all claims for damages that might otherwise arise from CITY's termination under this Section. 6. CONDEMNATION. If all or part of the Property is acquired by eminent domain or purchase in lieu thereof, WEST BASIN 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 WEST BASIN's improvements. 7. RELOCATION BENEFITS. WEST BASIN acknowledges that it has been informed that CITY is a public entity and that CITY has previously acquired the Property for a public purpose. WEST BASIN further acknowledges that any rights acquired under this License arose after the date of acquisition of the Property and that said rights are subject to termination when CITY needs the Property. WEST BASIN hereby acknowledges that at the time of said termination of this License by CITY, it will not be a "displaced person" entitled to any of the relocation assistance or benefits offered to displaced persons under State or Federal law. 8. ALTERATIONS. WEST BASIN will not make, or cause to be made, any alterations to the property, or any part thereof, without CITY's prior written consent. 9. HAZARDOUS /TOXIC WASTE. CITY has not, nor, to CITY'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. WEST BASIN 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. WEST BASIN agrees to defend and indemnify CITY, to the extent stated in Section 11, 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, Agreement W1514, Pagen2 of v v t "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). 10. ASSIGNMENT. This License is personal to WEST BASIN and will not be assigned, in whole or in part, without CITY's prior written consent. CITY's prior consent is not required for WEST BASIN's assignment of this license to any parent, subsidiary, or affiliate of WEST BASIN. No written consent by CITY will be deemed a waiver of any provision of this License, except to the extent of such consent. 11. INDEMNIFICATION. A. WEST BASIN will hold CITY harmless and free from any and all liability arising out of this License, or its performance. Should CITY 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 License, or its performance, pursuant to this License, WEST BASIN will defend CITY (at CITY's request and with counsel satisfactory to CITY) 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 "CITY" includes CITY's officers, officials, employees, agents, representatives, and certified volunteers. C. WEST BASIN 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. D. It is expressly understood and agreed that the foregoing provisions will survive termination of this License. E. The requirements as to the types and limits of insurance coverage to be maintained by WEST BASIN as required by Section 12 below, and any approval of said insurance by CITY, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by WEST BASIN pursuant to this License, including but not limited to the provisions concerning indemnification. 12. INSURANCE. A. Before commencing performance under this License, and at all other times this License is effective, WEST BASIN will procure and maintain the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below: Agreement W 1514, Pagen3 of 7 p t_ O:_ 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 will be endorsed to name CITY, its officials, and employees as "additional insureds" under said insurance coverage and to state that such insurance will be deemed "primary" such that any other insurance that may be carried by CITY will be excess thereto. Such insurance will be on an "occurrence," not a "claims made," basis and will not be cancelable except upon thirty (30) days prior written notice to CITY. WEST BASIN will require its insurer to modify its insurance certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word "endeavor" with regard to any notice provisions. C. WEST BASIN will furnish to CITY duly authenticated Certificates of Insurance and Endorsements evidencing maintenance of the insurance required under this License and such other evidence of insurance or copies of policies as may be reasonably required by CITY from time to time. Insurance must be placed with insurers with a current A.M. Best Company Rating equivalent to at least a Rating of "AXIL" D. Should WEST BASIN, for any reason, fail to obtain and maintain the insurance required by this License, CITY may obtain such coverage at WEST BASIN's expense and deduct the cost of such insurance from payments due to WEST BASIN under this License or terminate pursuant to Section 5. 13. COMPLIANCE WITH LAW. WEST BASIN 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 Property all applicable laws. The judgment of any court of competent jurisdiction, or the admission of WEST BASIN in any action or proceeding against WEST BASIN, whether CITY be a party thereto or not, that WEST BASIN has violated any such ordinance or statute in the use of the Property will be conclusive of that fact as between CITY and WEST BASIN. 14. BREACH OF AGREEMENT. The violation of any of the provisions of this License will constitute a breach of this License by WEST BASIN, and in such event said License will automatically cease and terminate. 15. WAIVER OF BREACH. Any express or implied waiver of a breach of any term of this License will not constitute a waiver of any further breach of the same or other term of this License. Agreement W1514, Pagen4 of 080- 16. ENTRY BY CITY AND PUBLIC. This License does not convey any property interest to WEST BASIN. CITY and the general public will have unrestricted access upon the Property for all lawful acts. 17. INSOLVENCY; RECEIVER. Either the appointment of a receiver to take possession of all or substantially all of the assets of WEST BASIN, or a general assignment by the WEST BASIN for the benefit of creditors, or any action taken or offered by WEST BASIN under any insolvency or bankruptcy action, will constitute a breach of this License by WEST BASIN, and in such event said License will automatically cease and terminate. 18. NOTICES. Except as otherwise expressly provided by law, all notices or other communications required or permitted by this License or by law to be served on or given to either party to this License 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 WEST BASIN at: To WEST BASIN at: West Basin Municipal Water District Attn: Paul Shoenberger 17140 S. Avalon Boulevard, Suite 210 Carson, California 90746 or to CITY at: Public Works Department Attn: Dave Johnson 350 Main Street El Segundo, CA 90245 -3895 Either party may change its address for the purpose of this Section by giving written notice of the change to the other party. 19. ACCEPTANCE OF FACSIMILE SIGNATURES. The Parties agree that agreements ancillary to this License and related documents to be entered into in connection with this License 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. 20. GOVERNING LAW. This License 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 License will be in Los Angeles County. Agreement W1514, Pagn5 of 081 21. PARTIAL INVALIDITY. Should any provision of this License be held by a court of competent jurisdiction to be either invalid or unenforceable, the remaining provisions of this License will remain in effect, unimpaired by the holding. 22. ENTIRE AGREEMENT. This instrument and its Attachments (including those referenced in Section 2) constitute the sole agreement between CITY and WEST BASIN respecting the Property, the use of the Property by WEST BASIN, and the specified License term, and correctly sets forth the obligations of CITY and WEST BASIN. Any agreement or representations respecting the Property or its licensing by CITY to WEST BASIN not expressly set forth in this instrument are void. 23. CONSTRUCTION. The language of each part of this License will be construed simply and according to its fair meaning, and this License will never be construed either for or against either party- 24. AUTHORITY/MODIFICATION. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this License and to engage in the actions described herein. This License may be modified by written agreement. CITY's city manager, or designee, may execute any such amendment on behalf of CITY. 25. COUNTERPARTS. This License 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. (SIGNATURES ON NEXT PAGE] Agreement W1 514, Pagen6 of 7 IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written. -119u "a CITY OF EL SEGUNDO a general law city and municipal corporation. Mary Strenn, City Manager ATTEST: Cindy Mortesen, City Clerk APPROVED Mark D. Hen In WEST BASIN MUNICIPAL WATER DISTRICT By: Art Aguilar, Co- Acting General Manager By: c//Awa — Richard Nagel, Co- Acting 4&neral Manager Agreement W1514, Pagen7 of 7 08E� EXHIStor A 08'7 0 J m Q W > J d. W PHASE IV WBWRP EXPANSION PROJECT WEST PUBLIC PARKING LOT AREA EXHIBIT A HUGHES WAY 088 EL SEGUNDO CITY COUNCIL MEETING DATE: August 17, 2004 AGENDA ITEM STATEMENT AGENDAHEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action to approve Amendment No. 1 to the City- Pacific Pipelines Reimbursement Agreement for relocation of Pacific's pipeline for the Douglas Street Gap Closure Project - (Fiscal impact - none). RECOMMENDED COUNCIL ACTION: Recommendation — (1) Approve Amendment No. 1; (2) Authorize the City Manager to execute the amendment on behalf of the City; (3) Alternatively, discuss and take other action related to this item. BACKGROUND & DISCUSSION: On May 20, 2003, the City Council approved a reimbursement agreement with Pacific Pipelines Company for relocation of Pacific's 16" diameter crude oil pipeline in conjunction with the Douglas Street Gap Closure Project. (Background and discussion continues on the next page......) ATTACHED SUPPORTING DOCUMENTS: 1. Amendment No. 1 and Reimbursement Agreement (May 20, 2003). 2. Project location map. FISCAL IMPACT: None Operating Budget: Amount Requested: Account Number: Project Phase: Appropriation Required: ORIGINATED BY: DATE: August 10, 2004 Seimone Jurjis, Acting City Engineer REVIEWED BY: Mary St n, City Manager 08 -17 -04 Approve Amendment No. 1 to the City - Pacific Pipelines ReimOursement 12 Agreement for Relocation of Pacific's Pipeline for the Douglas Street Project 087 BACKGROUND & DISCUSSION: (continued) The agreement provides for Pacific to relocate its pipeline and for the City to reimburse Pacific the estimated relocation cost of $1,201,569. Caltrans, the agency that administers the federal grants allocated for construction of the project, informed the City that pipeline relocations accomplished prior to construction are considered right -of -way clearance activities and are not eligible for the construction grant dollars. To make this relocation cost eligible for the grant dollars is to provide for Pacific to relocate their pipeline in conjunction with the overall construction of the project as a subcontractor to the City's project contractor. Staff has developed the enclosed Amendment No. 1 to provide for this option. There are no additional costs to the City from this amendment. 09 -17-04 Approve Amendment No. 1 to the Qty Pacific Pipelines Reimbursement Agreement for Relocation of Pacific's Pipeline for the Douglas Street Project ,� O I,t FIRST AMENDMENT TO AGREEMENT NO. 3175 BETWEEN THE CITY OF EL SEGUNDO AND PACIFIC PIPELINE SYSTEM LLC THIS 15' AMENDMENT ( "Amendment ") is made and entered into this 17`h day of August, 2004, by and between the CITY OF EL SEGUNDO, a general law city and municipal corporation existing under the laws of California ( "CITY "), and PACIFIC PIPELINE SYSTEMS, LLC ( "PACIFIC "). I. Pursuant to Exhibit A, Item 6 of Agreement No. 3175 ( "Agreement "), Section 3 (a) is amended to add the following: "PACIFIC and the CITY also agree that CITY may use its General Contractor for the project to relocate PACIFIC's pipelines at CITY cost. PACIFIC will provide the CITY plans and specifications for the relocation work for including them in the project's bid package. CITY's General Contractor must use either PACIFIC, or a pipeline sub - contractor from a list of PACIFIC approved pipeline contractors for the relocation work. It is understood that with this agreement, PACIFIC, or the PACIFIC approved pipeline sub- contractor, will have a contractual relationship with the CITY's General Contractor and not with the CITY. CITY will reimburse PACIFIC directly for its design and inspection services based on time and materials including overhead (not exceeding 20 %). PACIFIC agrees that CITY's obligations will terminate upon PACIFIC's acceptance of the relocation." 2. This Amendment may be executed in any number or counterparts, each of which will be an original, but all of which together constitutes one instrument executed on the same date. 3. Except as modified by this Amendment, all other terms and conditions of Agreement No. 3175 remain the same. (SIGNATURES ON NEXT PAGE] 091 IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written. CITY OF EL SEGUNDO PACIFIC PIPELINE SYSTEM LLC Mary Strenn, City Manager ATTEST: Cindy Mortesen, City Clerk APPROVED AS MARK D. HENCE m H. Berger, A,ssis*nt City Attorney Taxpayer ID No. 09 .2 z-n ANS 33S 133HIS svimca 00•El 3NIIH31M In is .960, 0. ti I��IP Jg too, I t 910 --E wx x w 7�D AIF > > > z u m bi il - - -.A'l C? >JO LU RM, 9 C) ,lz.11 VIS Z Z —z-F—ilvis V) 0 j 'is svioma Z*ZL-Ot VIS 0 Ixlnr u 9s qs II 7777 �2 3 uz u w �12 1 01 of is lit 'k 'I Y 0 .1 zo Sm zo z" u m bi il - - -.A'l C? >JO LU RM, 9 C) ,lz.11 VIS Z Z —z-F—ilvis V) 0 j 'is svioma Z*ZL-Ot VIS 0 Ixlnr u 9s qs II 7777 ti rA 0 9 3) ,AA tPEM1t 9 >;\ 1� � 10 35 ,fIPS S 5 }P 1M1 'S St. SlP .... 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Q H u 4 ° 2 � � c S'OB •31 Z '1J313 p35pdOtld � WC 0'61.31 1-• Hu w llp 113X5 E/E w J 01 1 .8 034.2 o U N O < > H N381 1N10 'dOtld ------------J--- '^3 3� M3.x1 1 tl 0 110 3 13,d 1 p I Z 0 r rlQn 13h Q H u 4 ° 2 � � c S'OB •31 Z '1J313 p35pdOtld � WC Hu w w J �C oro1 -l3 doE N O < > H N381 1N10 'dOtld a f M. d O e 44'!9.31 M.IE 03SOdO8d M.S6 03SOdOtld ° �0 4 o'9t•31W � u1 � �+- OJT U0< o' x, w J - -- - -- - ------------J--- '^3 3� M3.x1 1 tl 0 110 3 13,d 1 p I Z 0 r rlQn 13h 096-- 4/A- , T a zu� WM wz 0.0 'VIS Lzl-- 0M, 4 'ISIX3 N OT I Tj 20 Z- 15'LL 31 M3N tit �t A ll,�3 Njo. 096-- 4/A- , T EXHIBIT "C" COST ESTIMATE- PPS 16" LINE93 RELOCATION DOUGLAS STREET PROJECT CITY OF EL SEGUNDO TASK CITY UNIT UNIT COST EXT TOTALS Equipment & Materials Pipe - 16" FBE Coated 1100 Ft 26 28,600 Pipe Fittings - Bends 15 Ea 1,900 28,500 Pipe Fittings - Various 1 Lot 3,500 3,500 Concrete 100 Cu Yd 100 10,000 Equipment - Subtotal 70,600 Construction Pipe 1100 Ft 600 660,000 Line Drain 25 Loads 1,100 27,500 Radiographic Inspection 1 Lot 6,000 6,000 _ Re surfacing 5 Crew Day 2,000 10,000 Hydrotesting 1 Lot 10,000 10,000 Pipe removal 500 Ft 100 50,000 Environmental handling 500 Ft 35 17,500 Construction - Subtotal 781,000 Support Engineering Design 1 Lot 75,000 75,000 Field investigation 1 Lot 15,000 15,000 Project Management 1 Lot 7,500 7,500 Inspection 1 Lot 30,000 30,000 Survey Inspection 1 Lot 15,000 15,000 Support- Subtotal 142,500 Other Sales Tax @ 8.25% 5,825 Freight @ 4.00 %" 2824 Contingency @ 20% 198820 Other - Subtotal 207,469 Total $1,201,569 097 CITY MAP City of Mft,,onao h a S3139NV SOl =10,UNnoo }O }(D U to O a .I.... �C�O IF meT.ur —P wv�. w.r i ST L Ro.n. I c, II �y I e i I 2111 i t 1 1; 3NNOH.LMVH 30).LO J �J „�— q�' 1 i -a �saerew— �,. rtwigrt� U �cea� T ac'f'"c o _VN W - , O cc a l 1 J- 1' N " J D _VN EL SEGUNDO CITY COUNCIL MEETING DATE: August 17, 2004 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Calendar AGENDA DESCRIPTION: Consideration and possible action to approve the disposal of 50 out -of- service, surplus fire helmets. Authorize their donation to area fire academies and /or the Guaymas Fire Department. Fiscal Impact: None RECOMMENDED COUNCIL ACTION: 1) Authorize the donation of 50 surplus fire helmets to area fire academies (upon the execution of a hold harmless agreement indemnifying the city of future liability associated with their use); 2) If there are any helmets remaining, authorize the donation of helmets to the Guaymas Fire Department; 3) Alternatively, discuss and take other action related to this item. BACKGROUND & DISCUSSION: Fire helmets for suppression members were replaced earlier this year. The department has 50 helmets that need to be disposed of. Local fire academies have made a request for donations of any and all firefighting equipment considered out -of- service /surplus by area fire departments. The El Segundo Fire Department received a request from La Habra Heights Fire Department Academy for a donation of our surplus helmets after learning of the recent helmet replacements. El Camino Fire Academy has also made similar request for equipment. Council in the past has approved donations to El Segundo's sister city in Guaymas, Mexico. Staff has recommended they be considered for the surplus helmets if there are any remaining after the above donations. ATTACHED SUPPORTING DOCUMENTS: None FISCAL IMPACT: None Operating Budget: Amount Requested: Account Number: Project Phase: Appropriation Required: _Yes _No ORIGINATED BY: DATE: 08/02/04 Norm Angelo, Fire Chief REVIEWED BY: DATE: Mary Strenn, City Manager y 13 099 EL SEGUNDO CITY COUNCIL MEETING DATE: August 17, 2004 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Calendar AGENDA DESCRIPTION: Consideration and possible action regarding City Council's authorization to apply for and accept a Hazardous Materials Emergency Planning Grant on behalf of Beach Cities Community Awareness and Emergency Response (CAER) for "Shelter -In- Place" video reproduction /Spanish - translation and static display. Fiscal Impact: $6,400 RECOMMENDED COUNCIL ACTION: 1) Authorize the Fire Department to apply for, and accept on behalf of CAER $8,000 grant for the reproduction /Spanish - translation of existing Shelter -In -Place educational videos and display by CAER; 2) Authorize the City Manager or designee to sign the application; 3) Alternatively, discuss and take other action related to this item. BACKGROUND & DISCUSSION: Annually the State Office of Emergency Services announces the availability of grants to public agencies for hazardous materials planning activities, and allows these agencies to sponsor non - profit organizations for hazardous materials projects. The funds are provided through the Federal Department of Transportation. Beach Cities CAER is a 501(c)(3) non - profit organization, whose members consist of Chevron, Honeywell, El Segundo Power and other industrial companies. If awarded in 2004, CAER would be able to air shelter -in -place videos on local television channels and educate residents interested in protecting themselves during an emergency. ATTACHED SUPPORTING DOCUMENTS: None. FISCAL IMPACT: Operating Budget: Amount Requested: Account Number: Project Phase: Appropriation Required: Continued next N/A $6,400 (upon grant award) 001- 300 - 0000 -3703 (Revenue Account) 001 - 400 - 3205 -6257 (Public Education Expenditure Account) X Yes _No ORIGINATED BY: DATE: Norm Angelo, fire Chief REVIEWED B Mary Str n, City Manager F —`1 -041 DATE: �U 14 BACKGROUND & DISCUSSION, continued: Work will be conducted by CAER members with a minimal amount of oversight by the El Segundo Fire Department. The reproduction and translation of shelter -in -place materials is important to the Fire Department and CAER for the protection of the community during a chemical emergency. The Aerospace Corporation has translated an existing shelter -in -place video into Spanish, and has made this available to CAER. The translated video will reach non - English speaking employees at businesses and homes, as well as citizens who live and work in the South Bay. Additionally, the new shelter -in -place display will be present at civic events, resident meetings and organizational functions to educate the public on shelter -in- place. The $1,600 and any other cost matching required under the grant would be provided by the CAER organization, with no costs incurred by the Fire Department or the City of El Segundo. Because the grant is awarded on a competitive basis State -wide, it is not certain the Fire Department will receive a grant, but will be considered for remaining funding, if available. The Department did receive an $8,000 grant award in 2002 to establish the original Shelter -in -Place written materials. 101 EL SEGUNDO CITY COUNCIL MEETING DATE: August 17, 2004 AGENDA ITEM STATEMENT AGENDA HEADING: Consent AGENDA DESCRIPTION: Consideration and possible action regarding increase in dollar amount to contract #3240 for yoga classes instructed provided by Victoria Elia. (Fiscal Impact None) RECOMMENDED COUNCIL ACTION: 1. Approve increase to contract for yoga instruction provided by Victoria Elia. 2. Alternatively discuss and take other action regarding this item. BACKGROUND & DISCUSSION: Due to increased enrollment in the yoga program at the Joslyn Center, Victoria Elia, contract instructor, will be earning more than the $11,000 initially approved for her contract. Consequently, her initial contract salary will need to be increased by $4,000 to reflect the increased enrollment. Payments to Ms. Elia will continue to be based upon a percentage of the program registration. The Yoga program is one of the most popular of the adult exercise programs offered through the Recreation and Parks Department. Over the past several years this program has grown from one class to the current level of three classes per week, averaging 28 participants per class. This request will not reflect an increase in the general fund expenditures as the City retains 30% of all revenue from program registration fees. ATTACHED SUPPORTING DOCUMENTS: None FISCAL IMPACT: Operating Budget: 241,600 Amount Requested: 4,000 Account Number: 108 -400- 5209.6206 Project Phase: Appropriation Required: _Yes x No ORIGIN DATE: $_,V -oy Stacia Mancini, Recreation and Parks Director REVIEWED BY: DATE: Mary Stren , City Manager 102 15 EL SEGUNDO CITY COUNCIL MEETING DATE: August 17, 2004 AGENDA ITEM STATEMENT AGENDA HEADING: New Business AGENDA DESCRIPTION: Consideration and possible action regarding a contract not to exceed $5,000 with KND /Aqueduct Advisors to analyze the local electricity market place supply alternatives, review regulatory initiatives and recommend actions with respect to the Dynegy /NRG located at 301 Vista del Mar. RECOMMENDED COUNCIL ACTION: 1. Discussion; 2. Direct staff to retain KND /Aqueduct Advisors to analyze local electricity market place supply alternatives, review regulatory initiatives and recommend actions; and /or, 3. Alternatively discuss and take other action related to this item. BACKGROUND & DISCUSSION: Over the past several years the City of El Segundo has annually received a considerable amount of Utility Users Tax (UUT) revenue from the former Southern California Edison power plant currently owned and operated by Dynegy /NRG. Specifically, the UUT is paid on the sale of natural gas that powers the two operating generators at the plant just below Vista Del Mar. This revenue is a key component of the total UUT received from local businesses and is an important source of revenue to the City's general fund. The level of revenue has risen and fallen from year to year, but the City has not experienced any dramatic drops in UUT from the plant until FY 2003 -04. (Continued on next page...) ATTACHED SUPPORTING DOCUMENTS: None FISCAL IMPACT: Operating Budget: $65,000 Amount Requested: Not to exceed $5,000 Account Number: 2401 -6214 Project Phase: N/A Appropriation Required: X Yes _ No WWW 8//a/e4' Hansen, Director of Community, Economic and Development Services d Mary Strenn, ity Manager y 16 CASTAFF REPORTSWND.do 1013 EL SEGUNDO CITY COUNCIL MEETING DATE: August 17, 2004 AGENDA ITEM STATEMENT AGENDA HEADING: New Business AGENDA DESCRIPTION: Consideration and possible action to revise current 2004 -2005 Community Development Block Grant (CDBG) Minor Home Repair (MHR) Program guidelines to generate additional participa- tion by offering a combination grant and zero percent interest deferred loan RECOMMENDED COUNCIL ACTION: 1. Approve revisions to the current 2004 -2005 CDBG Minor Home Repair program guidelines to include a combination grant and zero percent interest deferred loan program; and /or, 2. Alternatively discuss and take other action related to this item. BACKGROUND Since 1993, the City of El Segundo has operated a Minor Home Repair Program (MHR). Funded under the federal Community Development Block Grant program, the purpose of the MHR Program is to provide eligible El Segundo homeowners (eligibility is limited to owner - occupied, detached single - family dwellings) with small grants of up to $1,500 for handicapped access improvements, or a zero percent interest deferred loan, up to a maximum of $7,500 (repaid upon the sale or transfer of the property) to preserve decent, safe and sanitary hous- ing; to correct hazardous structural conditions; to make necessary improvements to eliminate blight; and to correct building or health code violations. Within the last five years of the MHR program, approximately one to two loans have been issued annually. The 2004 -2005 CDBG budget for the MHR Program is $30,000. Typically, persons who qualify to participate in this program have been senior adults and /or low to moderate income persons. According to the 2000 Census, approximately 1,525 owner - occupied, detached single - family housing units exist within the City of El Segundo. Of these units, approximately 53% (812) are occupied by a householder 65 years of age and over, and 4% (63) owner- occupied housing units are below the national poverty level. on next ATTACHED SUPPORTING FISCAL IMPACT: NONE Operating Budget: $30,000 Amount Requested: None Account Number: 300 - 000 - 2748 -6248 Project Phase: N/A Appropriation Required: Yes x No ORIGINATED BY: DATE: August 4, 2004 Jame ansen, Director of Community. Economic and Development Services REVI r7_VI YA X05 17 BACKGROUND AND DISCUSSION In order to increase community interest and participation in the Minor Home Repair Program, it is recommended that the existing guidelines be revised to raise the amount of the grant/ loan program. Under this program, grants in the amount of $5,000 and a deferred zero percent (0 %) interest loan up to a maximum of $10,000, for a total of $15,000, would be made avail- able to eligible homeowners of single - family detached dwellings. Revising the project guidelines to provide a combined grant/loan program to all single - family homeowners rather than strictly offering grants to improve handicapped access (as is currently the within the project's scope) is advantageous. First, a greater incentive is provided to long- time elderly residents, who own their home free and clear of debt and, who may otherwise be unwilling to participate in the MHR program because of the perceived financial burden of a de- ferred loan. Additionally, a combined grant/loan program may be more attractive to residents as the financial burden posed strictly by a deferred loan would be offset by the offer of a grant. Second, the grant component eliminates the homeowners' responsibility of paying potential federally mandated costs associated with remediation of lead and asbestos hazards, as these costs would be eligible expenditures under the direct grant. Cities such as Rancho Palos Verdes, Diamond Bar and Walnut administer successful grant/loan combination programs. The cities of Rancho Palos Verdes and Diamond Bar offer up to a maximum $5,000 grant and a maximum $10,000 loan, with a minimum loan of $5,000 per household. The City of Walnut offers up to a maximum $7,500 grant and a maximum $30,000 loan, with a minimum loan of $5,000 per household. The demand for these types of programs has been significant and beneficial in assisting the cities meet programmatic accom- plishments and financial draw down goals. Waiting lists, which are about a yearlong, have even been established in these cities to accommodate the heightened demand. The City of El Segundo's 2004 -2005 Minor Home Repair budget of $30,000 would allow the City to fund approximately two (2) grant/loan combination projects for the year. PAPlanning & Building Safety\CDBG \MHR \CDBG.MHR revised guidelines 8.04mmtg. 10G EL SEGUNDO CITY COUNCIL MEETING DATE: August 17, 2004 AGENDA ITEM STATEMENT AGENDA HEADING: New Business AGENDA DESCRIPTION: Consideration and possible action regarding a lease agreement between the City of El Segundo and Sprint PCS Assets allowing the construction and operation of wireless communications equipment at the City water tower located at 400 Lomita Street RECOMMENDED COUNCIL ACTION: 1) Authorize the City Manager to execute a memorandum of lease and a lease agreement between the City and Sprint PCS Assets; 2) Alternatively, discuss and take other action related to this item. BACKGROUND & DISCUSSION: In January 1999, the City Council approved six locations within the city where the siting and installation of cellular transmission equipment would be pre- approved. The city water tower facility, located at 400 Lomita Street, was one of the locations approved at that time. The water tower location currently houses wireless communication equipment belonging to AT &T Wireless. The current proposal would allow Sprint to install communications "paddles" on the tower itself and additional equipment on a concrete slab adjacent to tl)e AT &T equipment. (Please see attached page marked 'Background and Discussion ") ATTACHED SUPPORTING DOCUMENTS: Proposed Lease Agreement FISCAL IMPACT: None Operating Budget: Amount Requested: Account Number: Project Phase: Appropriation Required: _Yes X No 101 18 Background and Discussion (con't): The previous installation of the AT &T equipment on the water tower has had no discernable impact on City operations, and it is expected that the installation of the equipment requested by Sprint would also have minimal impact. Sprint has submitted plans to the Community, Economic and Development Services Department for review. As a part of the review, Sprint will be required to demonstrate that the proposed operations described in the attached agreement will have no impact on current police and dispatch operations in the community. In addition, it should be noted that the CEQA process for this item was completed in 1999 when the city designated six pre- approved locations for the installation of wireless communications equipment. The proposed lease with Sprint includes: • An initial five -year term with a tenant option for three additional five -year terms. That provision is identical to the AT &T lease agreement approved by the City Council; • Sprint will pay $1,500.00 /month for use of the city facilities. In addition, the agreement includes an annual 3% escalator clause in the lease amount paid by the company; • Access to the property will be granted to Sprint employees will be limited to normal business hours, or Monday though Friday between 7:00 a.m. to 4:00 p.m.; Insurance liability requirements meet current city standards. Staff has concluded that the proposal from Sprint represents a minimally invasive approach, both technically and aesthetically, and serves to meet the city's goal of enhancing wireless voice communications in El Segundo. 108 Cell Site Number: LA60XC361E Address: 400 Lomita Street, El Segundo, CA 90245 LEASE AGREEMENT THIS LEASE AGREEMENT ( "Agreement "), dated as of the date below, is entered into by the City of El Segundo, a municipal corporation, with a Tax ID# of 95- 6000706, having its principal office/residing at 350 Main St. El Segundo, CA 90245 (hereinafter referred to as "Landlord ") andSprint PCS Assets, L.L.C., a Delaware limited liability company, with a Tax ID # of 33- 0783955 having an office at 18200 Von Karman Ave., Suite 100, Irvine, CA (hereinafter referred to as "Tenant "). BACKGROUND Landlord owns that certain plot, parcel or tract of land, together with all rights and privileges arising in connection therewith, located at 400 Lomita Street, El Segundo, Los Angeles County, State of California as further described on the Legal Description of the property attached hereto as Exhibit A (collectively "Property "). Tenant desires to use a portion of the Property in connection with its federally licensed communications business. The parties agree as follows: 1. LEASE OF PREMISES. Landlord leases to Tenant portions of the Property consisting of (a) ground space of approximately 108 square feet and (b) space on the structure and such easements as are necessary for the antennas and initial installation as described on attached Exhibit B (collectively, "Premises "). 2. PERMITTED USE. Tenant may use the Premises for the transmission and reception of communications signals and the installation, maintenance, operation, repair and replacement of its communication fixtures and related equipment, cables, accessories and improvements (collectively the "Communication Facility ") and any other items necessary to the successful and secure operation of the Communication Facility, as substantially described in Exhibit B; such use includes the right to test, survey and check title on the Property. Landlord's execution of this Agreement will signify Landlord's approval of Exhibit B. Tenant has the right to make Property improvements, alterations or additions ("Tenant Changes ") consistent with the building and facility specifications attached hereto as Exhibit B. Prior to the initial installation of Tenant's Changes, Tenant will supply the Landlord with plans and specifications consistent with Exhibit B ( "Plans ") to be reviewed and approved by the Landlord prior to commencement of Tenant's Changes. Landlord's approval will not be unreasonably withheld. After approval, the Plans will be considered incorporated in this Agreement as Exhibit C. If the Landlord disapproves the plans then the Tenant will provide the Landlord with revised plans. In the event Landlord disapproves of the Plans upon a second (2nd) submission, Tenant may terminate this Agreement. Landlord will not knowingly permit or suffer any person to copy or utilize the Plans for any purpose other than as provided in this Agreement except to the extent provided by the Public Records Act and other applicable law. Tenant agrees to comply with all applicable governmental laws, rules, statutes and regulations, relating to its use of the Communication Facility on the Property. Tenant has the right to modify, supplement, replace, or upgrade the Communication Facility so long as such do not physically alter the exterior appearance of the facilities, and such modifications are subject to the same approval process set forth above. However, any changes which alter the exterior physical appearance of the Communication Facility, shall require Landlord's prior written consent, which may be withheld in the Landlord's sole discretion. 3. TERM. (a) The initial lease term will be five (5) years ( "Initial Term "), commencing upon the Commencement Date, as defined below. The Initial Term will terminate on the last day of the month in which the fifth annual anniversary of the Commencement Date occurred. (b) This Agreement will automatically renew for three (3) additional five (5) year Term(s) (the "Extension Term "), upon the same terms and conditions unless the Tenant notifies the Landlord in writing of Tenant's intention not to renew this Agreement at least ninety (90) days prior to the expiration of the existing Term. (c) If Tenant remains in possession of the Premises after the termination or expiration of this Agreement then Tenant will be deemed to be occupying the Premises on a month to month basis (the "Holdover Term "), subject to the terms and conditions of this Agreement. Should this occur, Landlord may terminate this Agreement upon thirty (30) days written notice. (d) The Initial Term and the Extension Term and the Holdover Term are collectively referred to as the Term. ( "Term "). 4. RENT. (a) Commencing on the date that Tenant commences construction ( "Commencement Date "), Tenant will pay the Landlord a monthly rental payment of One Thousand Five Hundred Dollars and 00 /100 ($1,500.00), plus any applicable tax, at the address set forth above, on or before the 5ih day of each calendar month in advance. Rent will be prorated for any partial month. (b) Beginning with year two (2) of the Initial Term, and each year thereafter, including throughout any option terms exercised, the yearly rent will be increased by three percent (3 %) over the previous year's Rent. 5. APPROVALS. (a) Landlord agrees that Tenant's ability to use the Premises is contingent upon its suitability for Tenant's intended use and Tenant's ability to obtain all governmental licenses, permits, approvals or other relief required of or deemed necessary by Tenant for its use of the Premises, including without limitation applications for zoning variances, zoning ordinances, amendments, special use permits, and construction permits (collectively referred to as "Governmental Approvals "). Tenant will prepare, execute and file all required applications to obtain Governmental Approvals for Tenant's use under this Agreement and Landlord agrees to reasonably cooperate with Tenant with such applications. (b) Tenant has the right, at its sole expense, to obtain a title report or commitment for a leasehold title policy from a title insurance company of its choice and to have the Property surveyed by a surveyor of its choice. Tenant shall have thirty days from the effective date of this Agreement to either accept or reject matters of record title. If Tenant rejects any matters of record title, Landlord can in its sole discretion correct any such matters within thirty (30) days. In the event that Landlord does not correct any record title matters objected to by Tenant, Tenant may either terminate this Agreement, or accept such matters of record title. (c) Tenant may also obtain, at Tenant's sole cost and expense engineering or environmental tests or reports ( "Tests ") relating to the feasibility of locating the Communication Facility on the Premises. Tenant shall have thirty (30) days from execution of this Agreement to accept the Site or accept it in its "AS IS" state. 6. TERMINATION. This Agreement may be terminated as follows: (a) by either party on thirty (30) days prior written notice, if the other party remains in default under Paragraph 14 of this Agreement after the applicable cure periods; 2 110 (b) by Tenant upon written issuance of a license notice, if Tenant is unable or Permit by an agency, o obtain, or operation of the Communication Facility ency, Gard, court or other r[[aintain, any required pIuoval(s) or the that the Y as now and hereafter intended b governmental authority cost of obtaining Y necessary ng or retaining y Tenant or if for the construction or Agreement g the same is Tenant dete commercially to rrn'nas in its sole discretion (c) or for by Tenant on any other reason identified Winery (90) days written notice for m this 7' INTERFE any reason. RENCE. will Provide Tenant with a list of (a) There are existing radio fre evaluate the all existing uency user(s) on the potential for ' g radio frequency user {s) and their fre Landlord's conduct nterference between the P[oPerty, the Landlord testing prior to Communication quencies on the pr does activation of the Com Facility and the operty to allow Tenant to not interfere with existing munication F existing frequency {b) g radio frequency Facility to ensure that the Y users. Tenant shall Landlord Y users, operation of its for use of the will not grant, after the Communication Facility Property, if such date of this A interference is the result of o use material) Agreement, a lease, license y interferes with the or any other right system. Aerations that are intended of Tenant's Communication to any third Landlord will intended to be a munication F Patty on the Pro notify Tenant prior to Par[ of, or enhance, acdtty, unless such Property. granting any third Landlord's police and fire co (C) Party the right to install nun ❑nication Landlord and operate communications e will not use, nor 'any Aortion of the Premises that in an will Landlord 9uipm�t Permit its employees, tenants licensees, this Agreement except arr that material) Pt as necessary Y interferes with the o mvitees Y to catr or agents to use, Agreement. Landlord will Y out emer operations of Tenant or the rights cause It interference to perations of Landlord or as otherwise d under of Tenant Tenant. under (d) cease upon not more than tw permitted under this It is understood that Landlord o enty -four (2q) hour Operation notice from of is paramount over operates a police and fire Landlord er any operation of Tenant's Co emergency may alter its y communication system °pne ❑[Police and fire co Communication Facility and that the and operation of the Y hereunder. It is Communication Facility system in the future. equipment, acilft further understood that Operations or transmissions Y shall not interfere Accordingly the installation With the Landlord's existing maintenance its Communication Facility n or from the Pro y interferes with the perry' In the g or future communications transmissions, event Tenant's installation, Tenant will immediately existing mmediatel g or future co maintenance or o the interference problem. Y cease such interference, commit equipment, of The Landlord shall after verb quiPment, operations, or and desist be entitled to s al °r written notice thereof without allowing Tenant an o interference cannot be resole Peetfio enforcement in order til it is able to resolve opportunity to cure such er' [o cause such interference to cease this Agreement. within h interference as greement. a reasonable period of time Provided in Section S' me under 16 hereof. If the INDEMNIFIC the circumstances, s eitherparty is entitled to ter and hold Landlord (a) Tenant urinate harmless from agrees to indemnif costs or expenses against an Y, defend (with counsel reasonably penses injury, loss, installation, S reasonable a[[orne damage or liability acceptable to Landlord) use, maintenance, re ys, fees and court costs Y (Or any claims in respect active negligence Pair or removal ) arising directly Peet of rite fore or willful acts or omissions °f the Co Y from Performance of this Agreement, 3 mmunlcation Facility, except of Landlord, ' Pt to the extent greement, the its employees, agents or i attributable ndependent contractors.. die sole actors., (b) harmless Landlord agrees (including and against an to indemnity, defe employees reasonab attorney mlury, loss, damage Or "Id (with counsel real le fees and liability {or any acceptable to Tenant) curt costs) arising claims in r� 9' MAIN g direc[l9 from t respect of the foregoin and Tena hold TINA he actin : g), ax repair a NCE AND ns or failure to act costs or expense and tree from weeds, � Ar, ' Landlord °f Landlord and its debris ord will mains - 1(I andrufibisb stn the areas su7aunding the ProPerC t °$DpdstandjpRANrx� Tenant forth and Landlord Y in as •signatory fo� has the right, power and - each acknow /� Soon condition and owns the pr the Part Y bolo authors edge n a W- Landlord Y to enter into tht °Pert, as represem the restrictions mnrt a le %al lot jn fee simple or s gage$ Agreement and bin duly Organized affect T Presents and warrants t , Covenants, hat: d itself ere") enant's use Conditions C°ntro : (i) to the Srants and en easements s the Property b best of , ng and Validly existi to Te J°yment of , le- Y ] • its kno °u %b the par kno Want actual the Pre aces, a ease or wled h sec wledge its quie[ and raises under Cements a record license, nnen %e, Landlord solely of execution an Peaceful this qg deed mortgage lease d Performance o use, enjoyment andreement; ([j) as 8 as r not of record, whibemd by an hens d to , °r othe f this q Possessio tenant i would adv secure debt, r agree tree xenant the morr8ad °'ens bind will not n u8 on the ate of the Premises not °Pportunir e e. or other (iii) to the the Pass Secwit Landlord; an anY laws, e best of La verse/ -andlord assi m o f the Pr Y [o secure , Y interest, Landlord w e ub' a Su on 11 usety) if the P p nY is �, covenants or the r lard's d dillgenc Met emtses s I e, hordinati No its to or b u the e r6 those o eeomes P ovisivns e in are n Disturbance and Attor (forts to notify Te encumbered by a Cs I C�Ctances or that it has actual notice record title or at nment A %tee nt. Want of such dr me and give RAVIRONykNgAL nf, tenant could However, teryan all environmental a discover takes sorb a % vet through ariries r ad Industrial Landlord and Want on h reaso e due e8ulatin hYBiene la 'tenant hygiene g ar irnposjn ws, a %re condition % standard ti that each activity COnduCted or matters as m ndards °f liability %anY regulations guj Will be responsible ay now Y or Standards !b) ards o . stand at any [j t Conduct ds, or fe r °°mPlia Landlord rdn me Property, me hereafter be . with re Policies of nce with any resp°nsibilities and Te regard Policies anygovern and n effect, anY environrnen sanction, andGabiltties Want agree to hold o a fat ent I 9, forfeit at is sa ore le cost and ex harnil are w or were re di 1, s, losses ca fated a a or industrial hygiene e, htjgation investi sts, or damages Pense f °r all Indemnify the other to that Partys law, jncl %anon or ) and £or e s raspan . udin Proceedin stbili[ieS re8ulatin g witho resPondjn8 to and liabm t m a % or jm ut it nit S which js "elate action hty {f and ° as conditions Aosing non - ated t notice ndards ° (r) failure or PaYm anY regulations to e Claim, penalties, u duties, or matters a of liability or • guideli nt en of or are jn any way now or bereafer standards op co Wes, standards or mply with any nvir��, summons, ejtation rroum'utal ay relate be in effect, with re e Aoljci s of any ,onernyt co d to �e ecg and %ard ntal or industrial C)ditians are Caused by the Other Party, f the (ii) anY envirogme to anY envjroe mental au 'nnectio Property or ntal or industrial °taI or industrial by es oritj ° with ndemnifications erPart activi the any investigation f tbis Para .Iles cted Y$1ene ndiria g1ene of Prop.,, %ra Y the Ph specifically ndu b Parr o as that arise Y conditions or esp include reaso Y thereon, unless the any clean_np' remedial ne e Costs, expenses and reInoval or Yestoration Work s incurred in required by ��G any governmental authority. The provisions of this Paragraph will survive the expiration or termination of this Agreement and/or any transfer or assignment of the rights and obligations under this Agreement. 12. ACCESS. At all times throughout the term of this Agreement, and at no additional charge to Tenant, Tenant and its employees, agents, and subcontractors, will have access to and over the Property between 7:00 a.m. and 4:00 p.m., Monday through Friday, from an open and improved public road to the Premises, for the installation, maintenance and operation of the Communication Facility and any utilities serving the Premises. Tenant shall provide two (2) hour prior notice, except in the case of an emergency in which event Tenant shall provide as much notice as possible to Landlord's General Services Manager of its intent to enter the Premises. Landlord may in its reasonable determination deny such access if such will interfere with the Landlord's operations. In the event any public utility is unable to use the access provided to Tenant the Landlord hereby agrees to grant an additional access either to Tenant or to the public utility, for the benefit of Tenant, at no cost to Tenant 13. REMOVAL. All portions of the Communication Facility brought onto the Property by Tenant will be and remain Tenant's personal property and, at Tenant's option, may be removed by Tenant at any time during the Term. Landlord covenants and agrees that no part of the Communication Facility constructed, erected or placed on the Premises by Tenant will become, or be considered as being affixed to or a part of, the Property, it being the specific intention of the Landlord that all improvements of every kind and nature constructed, erected or placed by Tenant on the Premises will be and remain the property of the Tenant and may be removed by Tenant at any time during the Term. Within sixty (60) days of the termination of this Agreement for whatever reason, Tenant will remove all such improvements and return the Premises to the Landlord in the same or better condition as the Premises were in on the Commencement Date, reasonable wear and tear excepted. 14. RELOCATION. Upon request by Landlord, from time to time, Tenant will make minor relocations of its Communication Facilities equipment so long as such does not interfere with Tenant's operation of its Communication Facility. Upon relocation of the Communications Facility, or any part thereof, all references to the site in this Agreement will be deemed to be references to the relocation site. Upon permanent relocation, the parties shall execute an amendment to this agreement which redefines the Property, Premises, and the Communication Facility and which deletes the existing Exhibits A, B and C, and replaces such with revised Exhibits A, B and C. Except as expressly provided in this Section, Owner and Tenant agree that in no event will the relocation of the communications facility of Tenant, or any part thereof, except as provided in this paragraph 14, affect, alter, modify or otherwise change any of the terms and conditions of this Agreement. 15. MAINTENANCE; UTILITIES. (a) Tenant will keep and maintain the Premises in good condition, reasonable wear and tear and damage from the elements excepted. Landlord will maintain and repair the Property and access thereto, in good and tenantable condition, subject to reasonable wear and tear and damage from the elements. (b) Tenant will be solely responsible for and promptly pay all utilities charges for electricity, telephone service or any other utility used or consumed by Tenant on the Premises. Landlord will fully cooperate with any utility company requesting an easement over, under and across the Property in order for the utility company to provide service to the Tenant. In the event Tenant cannot secure its own metered electrical supply, Tenant shall, at its own cost and expense, install a submeter to the Landlord's meter. Tenant will pay on a monthly basis the current local utility company rate for submetered electric, after 5 113 the meter is read by the Landlord and billed to Tenant. Landlord will not be responsible for interference with, interruption of or failure, beyond the reasonable control of Landlord, of such services to be furnished or supplied indirectly by Landlord. 16. DEFAULT AND RIGHT TO CURE. (a) Tenant will be deemed to be in default and breach of this Agreement if Tenant fails to perform any term or condition under this Agreement within forty -five (45) days after Landlord gives written notice that identifies a specific failure by Tenant under this Agreement. No such failure, however, will be deemed to exist if Tenant has commenced to cure such default within such period and provided that such efforts are prosecuted to completion with reasonable diligence. Delay in curing a default will be excused if such is due to causes beyond the reasonable control of Tenant. If Tenant remains in default beyond any applicable cure period, Landlord will have the right to exercise any and all rights and remedies available to it under law and equity. (b) Landlord will be in deemed to be in default and breach of this Agreement if Landlord fails to perform any term or condition under this Agreement within forty -five (45) days after Tenant gives written notice that identifies a specific failure by Landlord under this Agreement. No such failure, however, will be deemed to exist if Landlord commenced to cure the default within such period and provided such efforts are prosecuted to completion with reasonable diligence. Delay in curing a default will be excused if it is due to causes beyond the reasonable control of Landlord. If Landlord remains in default beyond any applicable cure period, Tenant will have the right to exercise any and all rights available to it under law and equity, including the right to cure Landlord's default and to deduct the costs of such cure from any moneys due to Landlord from Tenant. 17. ASSIGNMENT. Tenant may assign, sell or transfer its interest under this Agreement without the approval or consent of Landlord, to the Tenant's principal, affiliates, subsidiaries, subsidiaries of its principal or to any entity which acquires all or substantially all of the Tenant's assets in the market defined by the Federal Communications Commission in which the property is located by reason of a merger, acquisition, or other business reorganization. Notwithstanding any such assignment by Tenant, Tenant will remain primarily responsible for performance under this Agreement. 18. NOTICES. All notices, requests, demands and communications hereunder will be given by first class certified or registered mail, return receipt requested, or by a recognized overnight courier, postage prepaid, to be effective when properly sent and received, refused or returned undelivered. Notice will be addressed to the parties at the addresses set forth below: Tenant: Sprint Contracts & Performance, Mailstop KSOPHT0101- Z2650, 6391 Sprint Parkway, Overland Park, Kansas 66251 -2650 with a copy to: Sprint Law Department, Mailstop KSOPHTO101- Z2020, 6391 Sprint Parkway, Overland Park, Kansas 66251 -2020, 6 114 Landlord: Attn.: Sprint Real Estate Attorney Attn: City Manager City of El Segundo 350 Main Street EI Segundo, CA 90245 Either party hereto may change the place for the giving of notice to it by thirty (30) days written notice to the other as provided herein. 19. SEVERABILITY. If any term or condition of this Agreement is found unenforceable, the remaining terms and conditions will remain binding upon the parties as though said unenforceable provision were not contained herein. However, if the invalid, illegal or unenforceable provision materially affects this Agreement then the Agreement may be terminated by either party on ten (10) days prior written notice to the other party hereto. 20. CONDEMNATION. In the event Landlord receives notification of any condemnation proceedings affecting the Property, Landlord will provide prompt notice of the proceeding to Tenant. If a condemning authority takes all of the Property, or a portion sufficient, in Tenant's sole determination, to render the Premises unsuitable for Tenant, this Agreement will terminate as of the date the title vests in the condemning authority. The parties will be entitled to share in the condemnation proceeds in proportion to the values of their respective interests in the Property, which for Tenant will include, where applicable, the value of its Communication Facility, moving expenses, prepaid rent, and business dislocation expenses. Tenant will be entitled to reimbursement for any prepaid Rent. 21. DAMAGE TO PROPERTY. Landlord will provide prompt notice to Tenant of any damage affecting the Property. If any part of the Communication Facility or Property is damaged by fire or other cause so as to render the Premises unsuitable, in Tenant's sole determination, then Tenant may terminate this Agreement by providing written notice to the Landlord, which termination will be effective as of the date of such damage or destruction. Upon such termination, Tenant will be entitled to collect all insurance proceeds payable to Tenant on account thereof and to be reimbursed for any prepaid Rent. 22. WAIVER OF LANDLORD'S LIENS. Landlord hereby waives any and all lien rights it may have, statutory or otherwise, concerning the Communication Facility or any portion thereof. The Communication Facility shall be deemed personal property for purposes of this Agreement, regardless of whether any portion is deemed real or personal property under applicable law, and Landlord hereby consents to Tenant's right to remove all or any portion of the Communication Facility from time to time in Tenant's sole discretion and without Landlord's consent. 115,,._... 23. POSSESSORY INTEREST TAXES. Tenant is informed by Landlord pursuant to Cal. Rev. & Tax. Code § 107.6 that its property interest in the Property may be subject to property taxation if created and that Tenant may be subject to the payment of property taxes levied on its interest. Tenant may not deduct such amount from Payments to Landlord. 24. MISCELLANEOUS. (a) Amendment; Waiver. This Agreement cannot be amended, modified or revised unless done in writing and signed by Landlord's city manager and an authorized agent of the Tenant. No provision may be waived except in a writing signed by both parties. (b) Short Form Lease. Either party will, at any time upon fifteen (15) day's prior written notice from the other, execute, acknowledge and deliver to the other a recordable Memorandum of Lease. Either party may record this memorandum at any time, in its absolute discretion. (c) Bind And Benefit. The terms and conditions contained in this Agreement will run with the Property and inure to the benefit of the parties, their respective heirs, executors, administrators, successors and assigns. (d) - Entire Agreement. This Agreement and the exhibits attached hereto, all being a part hereof, constitute the entire agreement of the parties hereto and will supersede all prior offers, negotiations and agreements. (e) Governing Law. This Agreement was drafted in, and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this agreement will be in Los Angeles County. (f) Interpretation. Unless otherwise specified, the following rules of construction and interpretation apply: (i) captions are for convenience and reference only and in no way define or limit the construction of the terms and conditions hereof; (ii) use of the term "including" will be interpreted to mean "including but not limited to "; (iii) whenever a party's consent is required under this Agreement, except as otherwise stated in the Agreement or as same may be duplicative, such consent will not be unreasonably withheld, conditioned or delayed; (iv) exhibits are an integral part of the Agreement and are incorporated by reference into this Agreement; (v) use of the terms "termination" or "expiration" are interchangeable, and (vi) reference to a default will take into consideration any applicable notice, grace and cure periods. (g) Estoppel. Either party will, at any time upon fifteen (15) days prior written notice from the other, execute, acknowledge and deliver to the other a statement in writing (i) certifying that this Agreement is unmodified and in full force and effect (or, if modified, stating the nature of such modification and certifying this Agreement, as so modified, is in full force and effect) and the date to which the rent and other charges are paid in advance, if any, and (ii) acknowledging that there are not, to such party's knowledge, any uncured defaults on the part of the other party hereunder, or specifying such defaults if any are claimed. Any such statement may be conclusively relied upon by any prospective purchaser or encumbrancer of the Premises. Failure to deliver such a statement within such time will be conclusive upon the requesting party that (i) this Agreement is in full force and effect, without modification except as may be properly represented by the requesting party, (ii) there are no uncured defaults in either party's performance, and (iii) no more than one month's rent has been paid in advance. (h) No Option. The submission of this Agreement for examination or consideration does not constitute a reservation of or option for the Premises. This Agreement will become effective as an Agreement only upon the legal execution, acknowledgment and delivery hereof by Landlord and Tenant. (i) Survival of Terms. Sections 9, 11, 13 and 24 (j) will survive the termination of this Agreement. 8 116 0) Insurance. Before commencing performance under this Agreement, and at all other times this Agreement is effective, Tenant will procure and maintain the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below: Type of Insurance Limits (combined single) Commercial general liability: $1,000,000 Workers compensation Statutory requirement. (a) Commercial general liability insurance will meet or exceed the requirements of ISO -CGL Form No. CG 00 01 11 85 or 88. The amount of insurance set forth above will be a combined single limit per occurrence for bodily injury, personal injury, and property damage for the policy coverage. Liability policies will be endorsed to name Landlord, its officials, and employees as "additional insureds" under said insurance coverage and to state that such insurance will be deemed "primary" such that any other insurance that may be carried by Landlord will be excess thereto. Such insurance will be on an "occurrence," not a "claims made," basis and will not be cancelable or subject to reduction except upon thirty (30) days prior written notice to Landlord. (b) Tenant will furnish to Landlord duly authenticated Certificates of Insurance evidencing maintenance of the insurance required under this Agreement, endorsements as required herein, and such other evidence of insurance as may be reasonably required by Landlord from time to time. Insurance must be placed with insurers with a current A.M. Best Company Rating equivalent to at least a Rating of "A-:VII." [SIGNATURES ON NEXT PAGE] 9 117 IN WITNESS WHEREOF, the undersigned has caused this Agreement to be executed this day of _, 2004. "LANDLORD" The City of El Segundo, a municipal corporation By: Print Name: Mary S Venn Its: City Manager Date: APPROVED AS MARK D. HEN! By: Karl H.' Date: Sprint PCS Asset L. a elaware limited liability company By: Print Name: Its: WnW a cing 7 /jr /OT. 10 118 EXHIBITS A & B DESCRIPTION OF PREMISES Page 1 of 6 to the Agreement dated _, 200, by and between the City of El Segundo, a municipal corporation, as Landlord, andSprint PCS Assets, L.L.C., a Delaware limited liability company, , as Tenant. The Premises are described and/or depicted as follows: EXHIBIT A (LEGAL DESCRIPTION): The land referred to herein is situated in the State of California, County of Los Angeles, described as follows: Lot Four (4) in Block Thirty -four (34) of El Segundo, Sheet No. 7 in the City of El Segundo, County of Los Angeles, State of California, as per map recorded in Book 22, pages 64 and 66 of Maps, in the office of the county recorder of said county. EXHIBIT B (SITE PLANS): Attachment follows (page 2 through 6). Notes: 1. This Exhibit may be replaced by a land survey of the Premises once it is received by Tenant. 2. Any setback of the Premises from the Property's boundaries shall be the distance required by the applicable governmental authorities. 3. Width of access road shall be the width required by the applicable governmental authorities, including police and fire departments. 4. The type, number and mounting positions and locations of antennas and transmission lines are illustrative only. Actual types, numbers and mounting positions may vary from what is shown above. ll 11:3 f gg 9 0 EE i Y LL commammo I moll 11 Q LO @@ _ tg W O m W 1 W W `W` iF [ 1111 � €� , = d� W ;1'113 g it lk �VQO p�C�O Z Q O 13ps�e avi W °• €" y- 1� i b W W QMl C e i 7 MJ Ic .J o Will b 2 0 a tg g j gg W W d' ��491 a E913t E3 3� € 1 4 i N W � u �{ S z 0 vw.yx E e S i/M 121 r 10'1 'I I'll '114 II If 8 p LOMTTA STREET_ ISO -- J J i¢ VIII ;' L. _. _. _.._. _. _ ...... ........... J. _. ..I......I_..._. �_... ... ------ _.._.. .- ._.._._..._.._... _....._._..._ ---------- .----------- �...... 4 r n Ia I go;; r ygg 121 r ga� loll a .T - -- t vrs ssmm .n -.et A J al 1111 �000000000 Y 0 I R'� 123 r D ©� l ►� ►ice- - -. 123 r 124 1 Hl 124 1 ATTACHMENT 1 MEMORANDUM OF LEASE [FOLLOWS ON NEXT PAGE] Return to: Delta Groups Engineering 2362 McGaw Ave. Irvine, CA 92614 Cell Site No.: State: California County: Los Angeles MEMORANDUM OF LEASE This Memorandum of Lease is entered into on this _ day of , 200_, by and between the City of El Segundo, a municipal corporation having a mailing address of 350 Main St. El Segundo, CA 90245 (hereinafter referred to as "Landlord ") andSprint PCS Assets, L.L.C., , a Delaware limited liability company, , with an office at 18200 Von Karman Ave., Suite 100, Irvine, CA 926112 (hereinafter referred to as "Tenant'). 1. Landlord and Tenant entered into a certain Lease Agreement ( "Agreement') on the day of , 200" for the purpose of installing, operating and maintaining a communications facility and other improvements. All of the foregoing are set forth in the Agreement. 2. The term of the Agreement is for an Initial Term of five (5) years commencing on the date that Tenant commences construction and ending on the last day of the month in which the fifth (5th) anniversary of the Commencement Date occurs, with three (3) successive five (5) year options to renew. 3. The portion of the land being leased to Tenant (the "Premises ") is described in Exhibit 1 annexed hereto. 4. The Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, successors, and assigns, subject to the provisions of the Agreement. 12F 13 1 IN WITNESS WHEREOF, the parties have executed this Memorandum of Lease as of the day and year first above written. "LANDLORD" The City of El Segundo, a municipal corporation By: Print Name: Mary Strenn Its: City Manager Federal Tax ID #: 95- 6000706 "TENANT" Sprint PCS Assets, L.L.C., a Delaware limited liability company B v: Print Name: Its: System Development Manager 14 127 STATE OF ) ss: COUNTY OF LANDLORD On , before me, , personally appeared , proved to me on the basis of satisfactory evidence to be the person (s) whose name (s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity (ies), and that by his /her /their signature (s) on the instrument the person (s) acted, executed the instrument. TENANT STATE OF WITNESS my hand and official seal Notary Public Print Name: My commission expires: ss: COUNTY OF ) On , before me, personally appeared , proved to me on the basis of satisfactory evidence to be the person (s) whose name (s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity (ies), and that by his /her /their signature (s) on the instrument the person (s) acted, executed the instrument. WITNESS my hand and official seat Notary Public Print Name: My commission expires: 15 • W I EXHIBIT 1 DESCRIPTION OF PREMISES Page 1 of 1 to the Agreement dated , 2004, by and between the City of El Segundo, a municipal corporation, as Landlord, andSprint PCS Assets, L.L.C., a Delaware limited liability company, , as Tenant. The Premises are described and /or depicted as follows: LEGAL DESCRIPTION: The land referred to herein is situated in the State of California, County of Los Angeles, described as follows: Lot Four (4) in Block Thirty -four (34) of El Segundo, Sheet No. 7 in the City of El Segundo, County of Los Angeles, State of California, as per map recorded in Book 22, pages 64 and 66 of Maps, in the office of the county recorder of said county. Notes: 1. This Exhibit may be replaced by a land survey of the Remises once it is received by Tenant. • �` 2. Any setback of the Premises from the Property's boundaries shall be the distance required by the applicable governmental authorities. 1 i 3. Width of access road shall be the width required by the applicable governmental authorities, including police and fire departments. 4. The type, number and mounting positions and locations of antennas and transmission lines are illustrative only. Actual types, numbers and mounting positions may vary from what is shown above. 16