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2004 JULY 20 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, JULY 20, 2004 — 5:00 P.M. Next Resolution # 4382 Next Ordinance # 1376 5:00 P.M. SESSION CALL TO ORDER ROLL CALL SPECIAL MATTERS Interview of Candidates for the Library Board of Trustees, Senior Citizen Housing Corporation Board; LAX Master Plan Advisory Commission; Economic Development Advisory Commission and Capital Improvement Program Advisory Committee (Conducted in the West Garden Conference Room). 01 CLOSED SESSION: The City Council may move into a closed session pursuant to applicable law, including the Brown Act (Government Code Section §54960, at seq.) for the purposes of conferring with the City's Real Property Negotiator; and /or conferring with the City Attorney on potential and /or existing litigation; and /or discussing matters covered under Government Code Section §54957 (Personnel); and /or conferring with the City's Labor Negotiators; as follows: CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Gov't Code §54956.9(a)) — 5 matters 1. Flynn v. City of El Segundo, LASC No. YC046253 2 Bressi v. City of El Segundo, LASC Nos. BC288292 and 288293 3. Emazeki v. City of El Segundo, LASC No. YC047980 4. Taylor v. City of El Segundo, LASC No. YC047383 5. City of El Segundo v. Stardust West Apartments, LASC No. YC031364 CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code §54956.9(b): -0- potential case (no further public statement is required at this time); Initiation of litigation pursuant to Government Code §54956.9(c): -1- matter. DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957) — None. CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957.6):-2- matters Represented Unit: City Employees Association City Negotiators: Mary Strenn and Bruce Barsook 2. Represented Unit: Police Support Services City Negotiators: Mary Strenn and Bruce Barsook CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8): -0- matter SPECIAL MATTERS — None. 02 AGENDA EL SEGUNDO CITY COUNCIL COUNCIL CHAMBERS - 350 Main Street The City Council, with certain statutory exceptions, can only take action upon properly posted and listed agenda items. Unless otherwise noted in the Agenda, the Public can only comment on City - related business that is within the jurisdiction of the City Council and /or items listed on the Agenda during the Public Communications portion of the Meeting. 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 lenoth. 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, JULY 20, 2004 — 7:00 P.M. Next Resolution # 4382 Next Ordinance # 1376 7:00 P.M. SESSION CALL TO ORDER INVOCATION — Lieutenant Kernel Mark Barnes, Los Angeles Air Force Base Chaplain PLEDGE OF ALLEGIANCE — Mayor Kelly McDowell 03 PRESENTATIONS — Proclamation in celebration of the Los Angeles Air Force Base 50th Anniversary. 2. Proclamation declaring July 31, 2004 as Volunteer Recognition Day in recognition of the City of El Segundo Volunteers. 3. Commendation by the South Bay Cities Council of Governments to Bellur Devaraj, in recognition of his many years of support and participation as El Segundo's City Engineer. 4. Commendation to outgoing Planning Commissioner, Cheryl Frick for her valued services rendered in the public interest as a Member of the El Segundo Planning Commission. 5. Proclamation declaring July 22, 2004 as El Segundo Farmers' Market 5th Anniversary. ROLL CALL PUBLIC COMMUNICATIONS — (Related to City Business Only — 5 minute limit per person, 30 minute limit total) Individuals who have received value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so identify themselves prior to addressing the City Council. Failure to do so shall be a misdemeanor and punishable by a fine of $250. While all comments are welcome, the Brown Act does not allow Council to take action on any item not on the agenda. The Council will respond to comments after Public Communications is closed. A. PROCEDURAL MOTIONS Consideration of a motion to read all ordinances and resolutions on the Agenda by title only. Recommendation — Approval. B. SPECIAL ORDERS OF BUSINESS 04 C. UNFINISHED BUSINESS Consideration and possible action regarding the appointment of an ad hoc subcommittee to review and provide recommendations to the Council regarding revisions to Title 1, Chapter 9, "Campaign Contributions and Disclosures" of the El Segundo Municipal Code with regard to campaign finance, including but not limited to contribution limits, anonymous donations and political action committee. Recommendation — (1) Appoint two ad hoc subcommittee members from the City Council; (2) Alternatively, discuss and take other actions related to this item. 2. Consideration and possible action regarding a resolution revising optional Parking In -Lieu Program fees in accordance with the El Segundo Downtown Specific Plan (DSP) and Ordinance No. 1368. Recommendation — (1) Adopt resolution revising Parking In -Lieu Program Alternatively, discuss and take other action related to this item. D. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS 3. Consideration and possible action regarding the appointment of candidates to the Library Board of Trustees, Senior Citizen Housing Corporation Board; LAX Master Plan Commission; Economic Development Advisory Commission; Capital i wi.vu n ucuuauvu — k I! nui wuuw 11 IV c and take other action related to this item. terms; E. CONSENT AGENDA All items listed are to be adopted by one motion without discussion and passed unanimously. an item is made, the item(s) will be considered individually under the next heading of business. discuss If a call for discussion of 4. Warrant Numbers 2541287 to 2541684 on Register No. 18 in the total amount of $1,570,825.46 and Warrant Numbers 2541685 to 2541943 on Register No. 19 in the total amount of $1,189,315.54 and Wire Transfers from 6/4/2004 through 612412004 in the total amount of $1,320,609.97 and Wire Transfers from 6/24/2004 through 7/8/2004 in the total amount of $273,419.81. 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. 05 5. City Council Special and Regular Meeting Minutes of June 15, 2004. Recommendation — Approval. 6. Consideration and possible action regarding acceptance of a $2,000,000 grant from the Federal Aviation Administration (FAA) to be used for the Residential Sound Insulation (RSI) Program relating to the Los Angeles International Airport Recommendation — (1) Authorize the City Manager to execute the Federal Aviation Administration (FAA) Grant Agreement for Project No. AIP 3 -06- 0139 -26; (2) Alternatively, discuss and take other action related to this item. 7. Consideration and possible action to approve Amendment No. 3 to Agreement No. 2876 between the City and Parsons Transportation Group (Parsons) for engineering services for the Douglas Street Gap Closure /Railroad Grade Separation Project. Approved Capital Improvement Program (Estimated cost: $29,106). Recommendation — (1) Approve Amendment No. 3; (2) Authorize the City Manager to execute Amendment No. 3; (3) Alternatively, discuss and take other action related to this item. 8. Consideration and possible action to approve the cost sharing contract between the City of El Segundo and SBC for relocation of SBC facilities for the Douglas Street Gap Closure Railroad Grade Se cost: Recommendation — (1) Approve the cost sharing contract; (2) Authorize the City Manager to execute the contract on behalf of the City; (3) Alternatively, discuss and take other action related to this item. Consideration and possible action to grant an easement to Southern California Edison Company (SCE) for construction and maintenance access regarding SCE facilities to be constructed for the Douglas Street Gap Closure Railroad Grade Separation Project (No Fiscal Impact). Recommendation — (1) Grant the easement; (2) Authorize the City Manager to execute the easement on behalf of the City; (3) Alternatively, discuss and take other action related to this item. 0t6 10. Consideration and possible action regarding bi- annual adoption of Conflict of Interest Code required by The Political Reform Act (Government Code Section 81000 et. seq.) rescinding Resolution No. 4324 and adopting a new resolution approving a new Conflict of Interest Code. Recommendation — (1) Adopt Resolution; (2) Alternatively, discuss and take other action related to this item. 11. Consideration and possible action regarding the approval of $62,200 outlined in the Police Department budget for annual Communications Center and Police Records maintenance services provided by the West Covina Service Group. Recommendation — (1) Approval of $37,700 for the Public Safety Communications Center and $24,500 for the Police Records Division for maintenance services by the West Covina Service Group; (2) Alternatively, discuss and take other action related to this item. 12. Consideration and possible action regarding approval for on -site maintenance of the Communications Center's Dictaphone digital call -check playback equipment used in support of Police Department's dispatch operations. Yearly maintenance costs not to exceed $4,352.95. Recommendation — (1) Authorize a blanket purchase order to Dictaphone Corporation for providing digital call -check system maintenance; (2) Alternatively, discuss and take other action related to this item. 13. Consideration and possible action to approve request by the El Segundo Rotary Club for waiver of fees for city services for its Movie in the Park event, Saturday, August 7, 2004 at Chevron Park in El Segundo (Fiscal Impact: $2,725). Recommendation — (1) Approve request; (2) Alternatively, discuss and take other action related to this item. 14. Consideration and possible action regarding a License Agreement for Downtown lunchtime shuttle service between the City and Kilroy Realty Finance Partnership, L.P. and Kilroy Realty Finance, Inc. (Kilroy). Recommendation — (1) Approve License Agreement; (2) Authorize City Manager to sign; (3) Alternatively, discuss and take other action related to this item. CALL ITEMS FROM CONSENT AGENDA 07 F. NEW BUSINESS — 15. Consideration and possible action regarding the Request for Proposal for Consultant to develop a City of El Segundo Aquatic Master Plan (Fiscal Impact: Recommendation — (1) Approve release of Request for Proposal for Consultant to develop a City of El Segundo Aquatic Master Plan; (2) Alternatively, discuss and take other action related to this item. 16. Consideration and possible action regarding Reclassification of Pool Manager to Recreation Coordinator (Fiscal Impact: $6,500). Recommendation — (1) Approve the Reclassification of Pool Manager position to Recreation Coordinator; (2) Approve the new class specification; (3) Approve the proposed examination plan; (4) Alternatively, discuss and take other action related to this item. 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 — 17. Consideration and possible action to appoint not more than two members of Council to a Homeland Security Ad Hoc Subcommittee and a Golf Course Ad Hoc Subcommittee. Recommendation — (1) Institute a Homeland Security Ad Hoc Council Subcommittee and a Golf Course Ad Hoc Council Subcommittee; (2) Appoint two members of the City Council to serve on each subcommittee; (3) Approve a 180 day "sunset' for each subcommittee; (4) Alternatively, discuss and take other action related to this item. M Mayor McDowell — 18. Consideration and possible action regarding a resolution appointing one delegate and one alternate to the South Bay Cities Council of Governments (SBCCOG). Recommendation — (1) Adopt Resolution; (2) Alternatively, discuss and take other action related to this item. 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, et seer.) 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: 7 TIME: 3 a -ti i NAME:�� 9 EL SEGUNDO CITY COUNCIL MEETING DATE: July 20, 2004 AGENDA ITEM STATEMENT AGENDA HEADING: Unfinished Business AGENDA DESCRIPTION: Consideration and possible action regarding the appointment of an ad hoc subcommittee to review and provide recommendations to the Council regarding revisions to Title 1, Chapter 9, "Campaign Contributions and Disclosures" of the El Segundo Municipal Code with regard to campaign finance, including but not limited to contribution limits, anonymous donations and political action committees. RECOMMENDED COUNCIL ACTION: 1) Appoint two ad hoc subcommittee members from the City Council; 2) Alternatively, discuss and take other action related to this item. BACKGROUND & DISCUSSION: At the June 15, 2004, Council Meeting, after considering an agenda item prepared by the City Attorney's Office at the request of the Mayor and Council Member Boulgarides, the Council directed staff to prepare an agenda item providing for the establishment of a subcommittee for purposes of reviewing and recommending potential revisions to the City's Municipal Code regarding campaign finance issues. The areas of particular concern identified by the Council were contribution limits, anonymous donations and political actions committees. ATTACHED SUPPORTING DOCUMENTS: None FISCAL IMPACT: NONE ORIGIN D DATE: /Mark Hensley, y Attorney REVIEWED BY. DATE: A4z--- Mary S nn, City Manager �� 1 EL SEGUNDO CITY COUNCIL MEETING DATE: July 20, 2004 AGENDA ITEM STATEMENT AGENDA HEADING: Unfinished Business AGENDA DESCRIPTION: Consideration and possible action regarding a resolution revising optional Parking In -Lieu Program fees in accordance with the El Segundo Downtown Specific Plan (DSP) and Ordinance No. 1368. RECOMMENDED COUNCIL ACTION: 1. Adopt resolution revising Parking In -Lieu Program fees; and /or 2. Alternatively, discuss and take other action related to this item. BACKGROUND & DISCUSSION: On November 5, 2003, Ordinance No. 1368 was adopted amending the DSP to add a Parking In -Lieu Program (Specific Plan Amendment No. 03 -3). This program allows the payment of a fee in -lieu of providing required on -site parking for new development in the DSP area. On November 18, 2003, at the second reading of the Ordinance, the City Council adopted Resolution No. 4347 which set the in -lieu fee at $12,500 per parking space for a six -month period. Thereafter, the fee would be set at $17,500 per parking space. While the program has generated some interest among several downtown business and property owners, it has not generated any participants at this point in time. In an effort to encourage participation in the program, staff considered a number of possible changes. The modifications were discussed with individual business and property owners and members of DESI, the Chamber of Commerce's Downtown Committee. This information was also reviewed with the City Downtown Ad Hoc Committee on June 22nd. The consensus was ATTACHED SUPPORTING DOCUMENTS: Draft Resolution FISCAL IMPACT: Operating Budget: N/A Amount Requested: N/A Account Number: N/A Project Phase: N/A Appropriation Required: _ Yes _X_ No (increase in estimated revenue) ORIGINATED BY: DATE: lV V�me 7//3/d¢ Ja es . Hansen, Director of Community, Economic and Development Services R VIE D By- DATE: n, City Manager 4 2 11. 2 that the program needed more flexibility and the lower fee should be extended. Therefore, staff makes the following recommendations: 1. The lower fee of $12,500 be extended for an additional twelve months; 2. Payments be accepted at any time following the submission of plans until the issuance of a certificate of occupancy; 3. Payments be returned to the participant should a project be withdrawn; and, 4. The option of financing the fee over a period of ten years at 5% interest would be available. The agreements would be assumable by successors in interest. Staff will prepare a status report in six months for the City Council's consideration. 1.2 RESOLUTION NO. _ A RESOLUTION ESTABLISHING IN -LIEU FEES IN ACCORDANCE WITH THE EL SEGUNDO DOWNTOWN SPECIFIC PLAN. BE IT RESOLVED by the Council of the City of El Segundo as follows: SECTION 1: The City Council finds and declares as follows: A. This Resolution is adopted in accord with the El Segundo Downtown Specific Plan ( "DSP ") and the El Segundo Municipal Code ( "SPMC ") for the purpose of establishing in -lieu parking fees; B. The ESMC generally requires that new construction provide sufficient parking to accommodate vehicle traffic generated from such construction; C. The unique circumstances of the City's downtown, e.g., the number of non - conforming small lots, can make it difficult for businesses to expand since the ability to provide adequate parking is limited by available acerage; D. It is in the public interest for the City to provide options to persons seeking to expand the size of their businesses to comply with the ESMC; E. To fulfill this responsibility, the City adopted an in -lieu fee program that allows business owners to pay a fee to the City to satisfy parking requirements set forth in the ESMC; F. This Resolution relies upon the documentary and testimonial evidence submitted to the City during the public hearing held on November 5, 2003 in addition to such additional information that may be in the administrative record; G. The Report prepared by Rosenow Spevacek Group, Inc., dated June 12, 2003, regarding calculations of Downtown Parking Fees ( "Report") is incorporated into this Resolution by reference; H. The Report concludes that the City may set an in -lieu parking fee as in an amount not to exceed $37,693 per parking space; The Council believes that establishing the full amount suggested in the Report may discourage businesses from participating in the in- lieu program and, accordingly, believes it is in the public interest to 13 establish a fee of a lesser amount; and This Resolution relies upon the calculations, assumptions, analysis, and conclusions set forth in the Report in addition to all other matters in the City's records. SECTION 2: Calculation of Parking Fees. The amount of parking fees that can be paid to the City in accordance with the DSP ( "Fees ") is established at $12,500 per parking space for one (1) year after the effective date of this Resolution. Thereafter, the Fees will be automatically increased to $17,500 per parking space. SECTION 3: Exempt under the California Environmental Quality Act. This Resolution is exempt from review under the California Environmental Quality Act (Cal. Pub. Res. Code §§ 21000, et seq.; "CEQA ") and CEQA regulations (Cal. Code Regs. Title 14, §§ 15000, et seq.) because it establishes, structures, and approves rates and charges to obtain funds for capital projects needed to maintain service within existing service areas. This Resolution, therefore, is categorically exempt from further CEQA review under Cal. Code Regs. Title 14, § 15273. SECTION 4: Effective Date of this Resolution. This Resolution will become effective immediately upon adoption and remain in effect unless repealed or superseded. PASSED AND ADOPTED this _ day of 2004. Kelly McDowell, Mayor USaI*Is Cindy Mortesen, City Clerk APPROVE Mark D. By: Karl H. Berge Assistant ai 14 EL SEGUNDO CITY COUNCIL MEETING DATE: July 20, 2004 AGENDA ITEM STATEMENT AGENDA HEADING: COMMITTEES, COMMISSIONS & BOARDS AGENDA DESCRIPTION: Consideration and possible action regarding the appointment of candidates to the Library Board of Trustees, Senior Citizen Housing Corporation Board; LAX Master Plan Advisory Commission; Economic Development Advisory Commission; Capital Improvement Program Advisory Committee. RECOMMENDED COUNCIL ACTION: (1) Announce the appointees and terms; (2) Alternatively, discuss and take other action related to this item. BACKGROUND & DISCUSSION: Committee /Commission & Board. # of Openings Library Board of Trustees 2 Senior Citizen Housing Corporation Board 2 LAX Master Plan Advisory Commission 4 Economic Development Advisory Commission 2 Capital Improvement Program Advisory Comm.2 (to fill remaining term of Brian Schiltz, appointed to Planning Commission 611104) ATTACHED SUPPORTING DOCUMENTS: N/A FISCAL IMPACT: N/A ORIGINATED: Julia O. Abreu, Executive Assistant REVIEWED BY: Appointee(s): Term Expire(s1: 06/30/07 06/30/07 06/30/08 06/30/08 no exp. no exp. _ no exp. no exp. no exp. no exp. 11/30/08 11/30/07 Date: July 12, 2004 Date: July 12, 2004 1) O O p S I m D II T A n o z � z c -I,-y: lSl� p m:n AN y fll 0 yry ~w; p<y D'rOji ymJJf: o T I mccc zCzz -mx� 0 Z2pmA A II O p z c Z �D T r 5 z i z i z r o o v Q y t 1 A c z m p O c m z z 3 n O c. A C B O O JJ +d »O mN nt�°J0S rL� T K N O ti m a A' 9 a3c °na 7 rn 3c _ o�Zp C Z v N. m m m° No mD m ° c m "a _ B 0 � n mFj�3a m 3m n_ N 8 ° n tma v uvNOa o n �O " C s cR v 3 N o u �oATa s N Q c Zi� n a o v n p V' 0 O q " 3 Q 0 s A N O C m DO D r z 3 m z 1 a w T c r i A A n � y . m D A �� 4 � oz zmA�$ inp�� Hwam�AlN"o ° °�I�om� m m �mm iz c y"�gm c z � z c -I,-y: lSl� p m:n F Ammvo CAm=1 y yA 1 p 5 '� -SAm `zcgo yry ~w; p<y D'rOji ymJJf: o mccc zCzz -mx� 0 Z2pmA N�vz,mv yNRmcnrl m� �y y OIA:I A 2 C Z yy�CRAI 1011 m oa a m5 p z c y c c c 5 m Z y ~ 3 m= " m r 5 z i z i z r o o v Q y t 1 A c z m p o y c m z z 3 n O A C I N O JJ +d »O mN nt�°J0S rL� K N O ti m a Dm rn N N Z T g °n C Z v a w T c r i A A n � y . m D A �� 4 0 o x N fR n n 0 A O 1 D \ 0 N Z a n el:m M A S ayi p N x y'^ N v d a N 3 d ADO q C 6 d s 0 �, 3 o �no'Rm s'u3ga Rai G mg�'ac as a H_ 3 m d m a 3 g o m m m A D PL � Nm N A O D II a v n 3 a m m 0 A 0 A 0 00 N u 0 �a m m B n� Z� a° O = Ho b A 'a 3 3 °a n O O x 0 C 's0 s r z x 3 M z y no 0� Cy zm 70 O� 0 �ZA v.n D M �. �iy n m N, v m m D m C,'M � OpF >z��nmi Oy xxn°v wOy m va ��[�C Dn�lTrl jV NOD yD ;pOO ;�0mII y�z M Q O O T T i O p j y F y N 'n A }I T a a Z y j T T MHOMM INO-0 Mgmc i�i��yy�smoy PSa p c m m y A o ~ T; O > m y 5 M z ap (� //p�gA2 y �9T�,Zy ymm��%�� y w -1 -1 C a g� Z 2 T a m3 p m p Z c z $Tm vo m Nogx.m z m �cc �z zmz i �y-Oi �zsmsaxcy0o y0om5 -TZi m c mi0~o_OIOz 00 SSz mm Doan zZZZ z• m yC -zi z2 7 pr y C O£ a 2 O T M m O C 0 w w N N r V N 001 ON AN Ol +m O O TOmIWNOVIN Om m =1m fY00JJ , ➢ D M O g A y0 r D N T C r N i P P ny n i y 01 A 1 A g0 0 , N T OM � N N C m Z C O CITY OF EL SEGUNDO PAYMENTS BY WIRE TRANSFER 6/4/2004 THROUGH 6/24/2004 Date Payee Amount Description 6/9/04 Health Comp 390.40 Weekly claims 6/4 6/10/04 West Basin Municipal 777,061.44 H2O payment 6/10/04 Federal Reserve Bank 100.00 Savings Bond EE Series 6/10/04 Federal Reserve Bank 1,450.00 Savings Bond I Series 6/17/04 Health Comp 370.40 Weekly claims 6/11 6/22/04 Health Comp - Weekly claims 6/18 - None 6/3/04 Employment Development 36,672.69 State Taxes 6/3/04 IRS 183,274.93 Federal Taxes 6/23/04 US Bank 299,570.00 ABAG principal and interest 6/4- 6/24/04 Workers Comp Activity 21,720.11 SCRMA checks issued 1,320,609.97 DATE OF RATIFICATION: 7/6/04 TOTAL PAYMENTS BY WIRE: Certified as to the accuracy of the wire transfers by: Depul Treas er Date � -L9 -,� 7 Date O Date Information on actual expenditures is available in the City Treasurer's Office of the City of El Segundo. 1,320,609.97 we CITY OF EL SEGUNDO PAYMENTS BY WIRE TRANSFER 6/25/2004 THROUGH 7/8/2004 Date Payee Amount Description 6/25/04 Federal Reserve Bank 350.00 Savings Bond I Series 6/29/04 PGC El Segundo LLC 32,762.41 Golf course transfer 7/1/04 Health Comp 1,854.85 Weekly claims 6/25 7/1/04 Employment Development 34,571.15 State Taxes 7/1/04 IRS 175,546.03 Federai Taxes 7/7/04 Health Comp 2,471.35 Weekly claims 7/2 6/25- 7/8104 Workers Comp Activity 25,864.02 SCRMA checks issued DATE OF RATIFICATION: 7/20/04 TOTAL PAYMENTS BY WIRE: Certified as to the accuracy of the wire transfers by: Depuiy TreasLrer 273,419.81 Date 7 -/z oY Date %� Date Information on actual expenditures is available in the City Treasurer's Office of the City of El Segundo. 273,419.81 19 SPECIAL MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, JUNE 15, 2004 — 3:00 p.m. CALL TO ORDER — Mayor McDowell at 3:00 p.m. ROLL CALL Mayor McDowell - Present Mayor Pro Tern Gaines - Present —arrived at 3:10 p.m. Council Member Boulgarides - Present Council Member Busch - Present Council Member Jacobson - Present PUBLIC COMMUNICATIONS - (Related to City Business Onlv - 5 minute limit per person, 30 minute limit total) Individuals who have received value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so identify themselves prior to addressing the City Council. Failure to do so shall be a misdemeanor and punishable by a fine of $250. SPECIAL MATTERS — (INTERVIEWS WILL BE CONDUCTED IN THE CITY COUNCIL CHAMBERS) 1. Interview of candidates for the Recreation and Parks Commission. ADJOURNMENT — at 4:59 p.m. Interview of candidates for the Recreation and Parks Commission to be continued at the Regular Meeting of the El Segundo City Council, Tuesday, June 15, 2004 at 5:00 p.m. in the City Council Chambers. Cathy Domann, Deputy City Clerk 20 5 REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, JUNE 15, 2004 — 5:00 P.M. 5:00 P.M. SESSION CALL TO ORDER — Mayor McDowell at 5:00 p.m. PUBLIC COMMUNICATION — (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. ROLL CALL Mayor McDowell - Present Mayor Pro Tern Gaines - Present Council Member Boulgarides - Present Council Member Busch - Present Council Member Jacobson - Present SPECIAL MATTERS Continuation of Interview of Candidates for the Recreation and Parks Commission (Conducted in City Council Chambers). MOVED by Council Member Boulgarides, SECONDED by Council Member Busch to appoint Robert Motta to a full four -year term on the Recreation and Parks Commission to expire May 30, 2008. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 Council consensus to move to closed session at 5:35 p.m. CLOSED SESSION: The City Council moved into a closed session pursuant to applicable law, including the Brown Act (Government Code Section §54960, et sec.) for the purposes of conferring with the City's Real Property Negotiator; and /or conferring with the City Attorney on potential and /or existing litigation; and /or discussing matters covered under Government Code Section §54957 (Personnel); and /or conferring with the City's Labor Negotiators; as follows: CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Gov't Code §54956.9(a)) — 4 matters 1. Flynn v. City of El Segundo, LASC No. YC046253 2 Bressi v. City of El Segundo, LASC No. BC2888292 and BC2888293 3. Emazeki v. City of El Segundo, LASC No. YC047980 4. Salisbury v. City of El Segundo, Worker's Comp. Appeal Board, MON0275079 MINUTES OF THE REGULAR CITY COUNCIL MEETING JUNE 15, 2004 2 RAGE NO.1 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): -2- matters. DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957) — None. CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957.6) — 0 matters. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8): -0- matter SPECIAL MATTERS — None. Council moved into open session at 6:59 P.M. MINUTES OF THE REGULAR CITY COUNCIL MEETING JUNE 15, 2004 PAGE NO. 2 22 REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, JUNE 15, 2004 — 7:00 P.M. 7:00 P.M. SESSION CALL TO ORDER — Mayor McDowell at 7:00 p.m. INVOCATION — Cindy Mortesen, City Clerk PLEDGE OF ALLEGIANCE — Council Member Eric Busch PRESENTATIONS — (a) Council Member Busch presented a Proclamation by the Mayor and Members of the City Council to The Tree Muskateers and Mark Trujillo, proclaiming June 15, 2004 as TREE CITY USA in celebration and recognition of the honor bestowed upon the City for the second time by The National Arbor Day Foundation. ROLL CALL Mayor McDowell - Present Mayor Pro Tern Gaines - Present Council Member Boulgarides - Present 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. Janice Cruickshank, resident, spoke regarding the campaign contributions reform. She stated that she supported removing the $25.00 anonymous contributions. She also suggested other items of reform. Kitty Crowley, resident, spoke about other Political Action Committees and committee contribution limitations. A. PROCEDURAL MOTIONS Consideration of a motion to read all ordinances and resolutions on the Agenda by title only. MINUTES OF THE REGULAR CITY COUNCIL MEETING JUNE 15, 2004 PTE}NO. 3 MOVED by Council Member Jacobson, SECONDED by Mayor ProTem Gaines to read all ordinances and resolutions on the Agenda by title only. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 B. SPECIAL ORDERS OF BUSINESS C. UNFINISHED BUSINESS D. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS Consideration and possible action regarding the appointment of a candidate to the Recreation & Parks Commission and announcement of next interview dates. Staff was directed to schedule July 20, 2004 interviews for the Library Board of Trustees, Senior Citizen Housing Corporation Board and the Capital Improvement Advisory Board. Mayor McDowell announced the appointment of Robert Motta to a full four -year term on the Recreation and Parks Commission to expire May 30, 2008. 2. Consideration and possible action regarding the Request for Proposal for management services at Park Vista Senior Housing Complex, (615 East Holly Avenue). Fiscal Impact None MOVED by Council Member Jacobson, SECONDED by Mayor ProTem Gaines to approve preparation and release of Request for Proposal for management services at Park Vista Senior Housing Complex. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 E. CONSENT AGENDA All items listed are to be adopted by one motion without discussion and passed unanimously. If a call for discussion of an item is made, the item(s) will be considered individually under the next heading of business. 3. Approved Warrant Numbers 2541084 to 2541286 on Register No. 17 in the total amount of $998,394.07 and Wire Transfers from 5/21/2004 through 6/3/2004 in the total amount of $246,829.50. 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. 4. Approved Council Meeting Minutes of May 18, May 27 and June 1, 2004. 5. Waived fees for City services associated with the Pacifica District Cub Scout Soap Box Derby. (Fiscal Impact: $900) 6. PULLED FOR DISCUSSION BY COUNCIL MEMBER BOULGARIDES MINUTES OF THE REGULAR CITY COUNCIL MEETING JUNE 15, 2004 PAGE NO. 4 24 Approved Professional Services Agreement No. 3348 to implement the Community Development Block Grant (CDBG) Senior In -Home Care Project between the City of El Segundo and Always Right Home Care for an amount not to exceed $30,000. Contract period: July 1, 2004 through June 30, 2005 with an option for an annual renewal for up to two additional years. Authorized the City Manager to execute said agreement. 8. Approved Professional Services Agreement No. 3349 to implement the Community Development Block Grant (CDBG) Home Delivered Meals Project between the City of El Segundo and NDK Foods, Inc., for an amount not to exceed $25,000 (plus client donations). Contract period: July 1, 2004 through June 30, 2005 with an option for annual review and renewal not to exceed a total of three years, through June 30, 2007. Authorized the City Manager to execute said agreement. 9. Approved the release of the City of El Segundo's portion ($6,108.00) of the Juvenile Accountability Incentive Block Grant ( JAIBG) to the Los Angeles County District Attorney's Office. Authorized the City Manager to sign the waiver authorizing the Office of Criminal Justice Planning to transfer award funds allocated under the JAIBG 2004 to the Los Angeles District Attorney's Office. 10. PULLED FOR DISCUSSION BY COUNCIL MEMBER JACOBSON MOVED by Council Member Jacobson, SECONDED by Mayor Pro Tern Gaines to approve Consent Agenda Numbers 3, 4, 5, 7, 8, and 9. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 CALL ITEMS FROM CONSENT AGENDA 6. Consideration and possible action regarding amending the El Segundo Municipal Code (ESMC) to add Chapter 4 to Title 10 "Skateboard Parks ", for the purposes of adopting regulations respecting the City's Skateboard Park. (No Fiscal Impact) MOVED by Council Member Boulgarides, SECONDED by Council Member Busch to adopt Ordinance 1372, amending the El Segundo Municipal Code (ESMC) to add Chapter 4 to Title 10 "Skateboard Parks ", for purposes of adopting regulations respecting the City's Skateboard Park. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0. Rules to be brought back at a later time after the Recreation and Parks Commission reviews the age requirements and age waivers. 10. Consideration and possible action regarding the acceptance of the Fiscal Year 2004 -2005 Estimated City Revenues and Appropriations Assumptions and receive and file calculation for Fiscal Year 2004 -2005 minimum employment staffing in the Fire Department as provided for in the labor agreement between the City and the El Segundo Firefighter's Association. MOVED by Council Member Jacobson, SECONDED by Mayor ProTem Gaines to direct staff to proceed with Fiscal Year 2004 -2005 Estimated City Revenues and Appropriations Assumptions and receive and file calculation for Fiscal Year 2004 -2005 minimum employment staffing in the Fire Department as provided for in the labor agreement between the City and the El Segundo Firefighter's Association. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 MINUTES OF THE REGULAR CITY COUNCIL MEETING ,LJNE 15, 2004 2J PAGE NO. 5 F. NEW BUSINESS — 11. Consideration and possible action directing staff to prepare amendments to Title 1, Chapter 9 — "Political Contributions," of the El Segundo Municipal Code with regard to all aspects of campaign finance, including but not limited to contributions, expenditures, and mailings for consideration by the Council at a future Council Meeting. Mark Hensley, City Attorney, gave a report. MOVED by Council Member Boulgarides, SECONDED by Council Member Jacobson to direct staff to return to Council at the July 20, 2004 meeting with an agenda item for purposes of establishing a sub - committee on campaign finance reforms, with regard to disclosure limits, donation caps, controls and regulations about site committees and Political Action Committees. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 G. REPORTS — CITY MANAGER — NONE H. REPORTS — CITY ATTORNEY — Announced that by unanimous vote in Closed Session Council authorized proceeding with a notice of intervention with respect to Caltrans Department of Transportation Noise proceedings regarding LAX. REPORTS — CITY CLERK 12. Consideration and possible action requesting Council consensus to cancel the July 6, 2004 City Council Meeting. Cindy Mortesen, City Clerk, gave a report. MOVED by Mayor ProTem Gaines, SECONDED by Council Member Busch to cancel the July 6, 2004 City Council Meeting. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 REPORTS — CITY TREASURER — NONE K. REPORTS — CITY COUNCIL MEMBERS Council Member Boulgarides — 13. Consideration and possible action regarding an oral report relative to improvements by the Los Angeles County Department of Beaches and Harbors to El Segundo Beach. Council consensus to receive and file report. 14. Consideration and possible action to approve a letter in opposition to California Assembly Bill 2702 regarding second units in residential areas to the California State Senate. MINUTES OF THE REGULAR CITY COUNCIL MEETING JUNE 15, 2004 PAGE NO. 6 26 MOVED by Council Member Boulgarides, SECONDED by Council Member Jacobson to approve a letter in opposition to California Assembly Bill 2701 regarding second units in residential areas. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 Council Member Busch — Announced "Keep LA Running" to be held on July 11, 2004. Council Member Jacobson — Reported on mosquitoes and the West Nile virus. He also suggested that Vector Control be invited to report on how we can control standing water etc. in our town. Mayor Pro Tern Gaines — 15. Consideration and possible action regarding the City Council's signature on letters urging the Governor, Senator Bowen and Assemblymember Nakano to work with the Board of Directors and staff of the California Energy Commission (CEC) to expedite the license approval process for the El Segundo Generating Station Repowering Project located at 301 Vista Del Mar, El Segundo, California. MOVED by Mayor ProTem Gaines, SECONDED by Council Member Busch to approve and sign the attached letters to the Governor, Senator Bowen and Assembly member Nakano, urging them to work with the Board of Directors and staff of the California Energy Commission to expedite the license approval process for the El Segundo Generating Station Repowering Project located at 201 Vista Del Mar, El Segundo, California. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0 Mayor Pro Tern Gaines requested sub - committee meetings be scheduled for both the Technology and Homeland Security Committees. He also requested to agendize a new appointment for forming Golf Course sub - committee. Mayor McDowell — Requested a meeting of the Downtown sub - committee. He also reported on DESI activities and the need to meet with them. He also spoke on the LAX Master Plan. 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. George Fonka, resident, spoke regarding the possibility of the Recreation and Parks Department eliminating some of the long standing Holiday programs. ie. Halloween Frolic, partial July 4th celebration, etc. MEMORIALS — Former President Ronald Reagan. CLOSED SESSION - NONE MINUTES OF THE REGULAR CITY COUNCIL MEETING JUNE 15, 2004 PAGE NO. 7 27 ADJOURNMENT — at 8:20 p.m. Cindy Mortesen, City Clerk MINUTES OF THE REGULAR CITY COUNCIL MEETING JUNE 15, 2004 28 PAGE NO. 8 EL SEGUNDO CITY COUNCIL AGENDA ITEM STATEMENT MEETING DATE: July 20, 2004 AGENDA HEADING: Consent Ager Consideration and possible action regarding acceptance of a $2,000,000 grant from the Federal Aviation Administration (FAA) to be used for the Residential Sound Insulation (RSI) Program relating to Los Angeles International Airport (LAX). COUNCIL ACTION: 1) Authorize the City Manager to execute the Federal Aviation Administration (FAA) Grant Agreement for Project No. AIP 3 -06- 0139 -26; 2) Alternatively, discuss and take other action related to this item. BACKGROUND & DISCUSSION: Earlier this year, staff applied for additional FAA Grant Funding for the City's RSI Program. On June 3, the FAA sent a grant agreement for $2,000,000 in additional funding contingent on the offer being accepted by the City on or before August 4, 2004. The offer is in keeping with previous terms and conditions of previous FAA grants accepted by the City. To date, the City has accepted eight FAA grants totaling $9,808,880. Currently, construction is continuing on Group 4 (72 residences) and is scheduled to be completed by mid- October. Design work is being completed on Group 5 (32 residences) and construction is anticipated to begin in early 2005. ATTACHED SUPPORTING DOCUMENTS: Project No. AIP 3 -06- 0139 -26 Grant Offer FISCAL IMPACT: $2,000,000 to be received in FAA Grant Funds Operating Budget: Amount Requested: Account Number: Project Phase: Appropriation Required: Yes X No Mary Str City Manager /? /3Y 9 X a U.S Department of Transportation Federal Aviation Administration June 3, 2004 Mary Strenn City Manager City of E1 Segundo 350 Main Street E1 Segundo, CA 90245 -0989 Dear Ms. Strenn: Western- Pacific Region P.O. Box 92007 Airports Division Los Angeles, CA 90009 Los Angeles International Airport Project No. AIP 3 -06- 0139 -26 Grant Offer The Los Angeles International Airport, Fiscal Year 2004 Airport Improvement Program No. 3 -06- 0139 -26, Contract DTFA08 -04 -C -21735 has been approved. Enclosed are five original copies of the grant offer, under which the United States commits itself to participate in an allowable cost of the project not to exceed $2,000,000. Your acceptance of the grant offer will obligate the city of E1 Segundo (sponsor) to accomplish the described development. An official of the sponsor shall accept the offer on or before the date specified in paragraph 6, page 2 of the grant offer by signing the enclosed instruments in the space provided. The date of the execution of the grant offer should be the same as, or later than, the date of the resolution. The certificate of sponsor's attorney shall be the same as, or later than, the date of execution. When the documents are fully executed, certified, attested, and appropriate seals impressed, please return the four original copies of the grant agreement to this office and keep one original coov for vour Sincerely, John P. 71 ligan Supervisor, Standards Section Enclosures 30 EL SEGUNDO CITY COUNCIL MEETING DATE: July 20, 2004 AGENDA ITEM STATEMENT AGENDAHEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action to approve Amendment No. 3 to Agreement No. 2876 between the City and Parsons Transportation Group (Parsons) for engineering services for the Douglas Street Gap Closure / Railroad Grade Separation Project - Approved Capital Improvement Program - (Estimated cost = $29,106). RECOMMENDED COUNCIL ACTION: Recommendation — (1) Approve Amendment No. 3; (2) Authorize the City Manager to execute Amendment No. 3; (3) Alternatively, discuss and take other action related to this item. BACKGROUND & DISCUSSION: The City Council on May 1, 2001, approved and agreement with Parsons to provide environmental and engineering services for the Douglas Street Project for a fee of $1,391,153. (Background and discussion continued on the next page......) ATTACHED SUPPORTING DOCUMENTS: Amendment No. 3. 2. June 15, 2004 letter from Parsons. 3. Project location map. FISCAL IMPACT: Capital Improvement Budget: Amount Requested: Account Number: Project Phase: Appropriation Required: $4,700,000 $ 29,106 301 - 400 - 8203 -8949 Design / right -of -way acquisition No ORIGINATED BY: DATE: July 14, 2004 Seim/neJurjis, Acting City Engineer REVIEWED BY: DATE: /4n Xa� Mary Strenn, City Manager 7 07 -20 -04 Approve Amendment No. 3 to Agreement No. 2876 between the ■ City and Parsons Transportation Group for the Douglas Street Project 31 BACKGROUND & DISCUSSION: (continued) On October 1, 2002, the City Council approved Amendment No. 1 to the Parsons contract in the additional amount of $302,196. The additional services included design of a pedestrian bridge at the Green Line Station and seismic analysis of the station required by the MTA, preparation of right -of -way maps and additional drainage studies to evaluate the existing railroad drainage channel. On May 6, 2003, the City Council approved Amendment No. 2 to the Parsons contract in the additional amount of $122,096. The additional services included assistance to City staff for preparation of the Public Utilities Commission application and exhibits, additional structural design work required by the MTA and the Railroad, design of the Railroad shoo -fly, and design of a new 12" City water line within the new roadway. The total currently authorized Parsons fee, including Amendments No. 1 and No. 2 is $1,815,445. Design is now complete and the project is ready to bid after all right -of -way for the project is acquired, as required by the federal grant requirements. On April 6, 2004, the City Council authorized commencement of condemnation proceedings with three (3) property owners in order to expedite the right -of -way acquisition process. Staff and the City Attorney's office continue to work with these property owners with the goal of completing a friendly acquisition. This work is anticipated to continue until right -of -way certification in November, 2004. The on -going right -of -way negotiations and meetings with the property owners, MTA and several utility companies, and providing support to City and County staff in these negotiations will require additional services by Parsons. Enclosed is an estimate of $29,106 from Parsons to provide these additional services. 07 -20 -04 Approve Amendment No. 3 to Agreement No. 2876 between the City and Parsons Transportation Group to the Douglas Street Project 32 THIRD AMENDMENT TO AGREEMENT NO. 2876 BETWEEN THE CITY OF EL SEGUNDO AND PARSONS TRANSPORTATION GROUP THIS THIRD AMENDMENT ( "Amendment') is made and entered into this 20TH day of July, 2004, by and between the CITY OF EL SEGUNDO, a general law city and municipal corporation existing under the laws of California ( "CITY "), and PARSONS TRANSPORTATION GROUP ( "CONSULTANT "). 1. Pursuant to Section 6 of Agreement No. 2876 ( "Agreement'), CONSULTANT is directed to perform the additional services listed in attached Exhibit "A ", which is incorporated by reference. - 2. In consideration of these additional services, CITY will pay CONSULTANT an amount not to exceed $29,106. 3. This Amendment may be executed in any number or counterparts, each of which will be an original, but all of which together constitute one instrument executed on the same date. 4. Except as modified by this Amendment, all other terms and conditions of Agreement No. 2876 will remain the same. CITY OF EL SEGUNDO, a general law city. Mary Strenn, City Manager ATTEST: Cindy Mortesen, City Clerk APPROVED AS b C Mark D. Hensl y ity�q#rh�. By. . a arl H. Berger, Assistant City Attorney i PARSONS TRANSPORTATION GROUP Executive Vice - President 3^ J PARSONS 100 West Walnut Street • Pasadena, California 91124 • (626) 440 -2000 • Fax: (626) 440 -2630 • www.parsons.com June 15, 2004 Mr. Bellur Devaraj, P.E. City Engineer City of El Segundo 350 Main Street El Segundo, CA 90245 Subject: Fee Estimate for Supplemental Project Tasks Amendment 3 Dear Bellur: This letter, along with the attachments, presents and summarizes the additional tasks and scope of work necessitated by changes resulting from requests by the City of El Segundo; MTA and County Right of Way Department. This request summarizes each of the four specific tasks that will be required to continue to provide project support. As you know, Parsons has been working closely with City, the Property Management Division of the Los Angeles County Department of Public Works, and utility companies throughout the development of plans and specifications. During that time, we have been called upon to provide assistance in the utility negotiations and have attended numerous meetings to reconcile the inordinate number of conflicts with public and private property and utility owners. Project design was substantially complete in March of 2003 with the submittal of the 100% plan, estimate and specification package. Since that submittal we have submitted a revised 100% and final drawing plan set. In the original project scope of work we anticipated the project would be advertised in mid 2003. The project completion has been delayed approximately 18 months due to right of way, utility relocation agreements and other non design issues. In that regard, we have exhausted resources allocated for bid support in the original and amended budgets authorized by the City, and in fact, have expended funds from other designated tasks, primarily from project resources designated for post design services. We are recommending the City consider establishing a task to cover anticipated expenses related to future right -of -way and utility support. The proposed budget covers meetings and related design support to the City, Los Angeles County Property Management and coordination and support for the private utilities subject to relocation. Listed as follows are descriptions for each of the five specific tasks. A detailed budget and summary is also included for your information and review. POP31T `� I/ 34 Douglas Street Gap Closure Fee Estimate for Supplemental Project Tasks Amendment 3 • Task 1- Project Management Support The design staff has been contacted on a weekly basis by utility companies, and City Staff with requests to research right of way issues, produce and submit additional exhibits, review edit and include FTA Model Procurement Certifications clauses in the specifications, attend numerous meeting with utility companies (Shell and SBC and Edison) due to personal turnover and request for alignment modifications, research alternative utility alignments, and research recently discovered utilities. The cost to provide additional on call support is $9,741. • Task 2 Federal ADA Standard Verification The City of El Segundo received a letter from Caltrans stating that all federal aid projects should comply with federal (not State) ADA standards. It was requested all plans be re- reviewed to insure compliance with the Federal ADA standards. The check lists for Parking Facilities, Passenger Loading Zones, Exterior Accessible Routes, Curb Ramps, Ramps and Transportation Facilities. A total of 23 pages of check list were researched, completed and submitted. No deficiencies in the plans were found as a result of the ADA review. At the 35% design stage a meeting had been held with MTA's ADA compliance personnel and the design was based on ADA criteria and MTA guidance. The cost for the Federal ADA Standard Verification is $1,762. • Task 3 Proiect Meetings The in an effort to keep the project on schedule monthly project meetings have been instituted beginning in September 2003 through December 2004. This task includes the creation of project agenda, project minutes, and updating the project schedule. The cost of Task 3, Project Meeting is $5,566 • Task 4 Electronic Bid Sets of Plans and Specifications Create electronic bid documents. Throughout the design process reviewers and City staff have requested electronic plans and specifications in addition to the conventional paper submittal contained in the original scope of work. This task would create up to 20 compact disks (CD) containing the plan set and specifications in PDF Adobe Acrobat format. The cost of Task 4, Electronic Bid Sets is $2,761 • Task 5 Right of Way Support Provide the City Engineer, Project Manager and County right of way support during the property acquisition and condemnation proceedings. The cost of Task 5, Right of Way Support is $9,277. Please call me once you have had the opportunity to review the enclosed materials.. The total request for all five tasks comprising our proposed contract amendment No. 3 is $29,106. We look forward to having the opportunity of being of further service. 35 Douglas Street Gap Closure Fee Estimate for Supplemental Project Tasks Amendment 3 Yours truly, PARSONS Pete Tuccillo, P.E. Project Manager cc Lenwood Howell, Deputy Project Manager, Parsons Attachments Fee Estimate 6 Douglas Street Gap Closure & Grade Separation Project $0 $0 $150 $0 $0 PARSONS $150 Printing and Copying $100 $50 $100 $300 $300 $850 SUMMARY Saf -r -Dig $0 $0 $0 $0 $0 $0 $0 Cost Proposal $0 $0 $0 $0 $0 $0 $0 Fed Ex 6/29/04 $20 $0 $50 $50 $170 $170 Person -hour Estimate by Task and Grade PM Support Pro! Else. Support ADA Meet Bid Set ROW Grade Classification TASK 1 TASK 2 TASK 3 TASK 4 TASK 5 Estimated Hours TOTAL 8 Principal /Project Manager 1 1 1 1 1 5 5 7 Project Engineer 40 2 40 ,. 4 40 126 126 6 Senior Engineer 0 0 0 0 0 0 0 5 Assoc. Senior Engineer 30 0 0 0 0 30 30 4 Civil Engineer 0 0 0 0 0 0 0 3 Assoc. Civil Engineer 0 0 0 6 28 34 34 2 Junior Engineer 0 0 0 0 0 0 0 1 Assoc. Junior Engineer 0 20 5 0 0 25 25 C CADD /Technician 20 0 0 16 16 52 52 AIB /G Administration/Clerical 3 2 2 2 12 21 21 Total Hours 94 25 48 29 97 196 196 Parsons Transportation Group (PTG) Labor Cost Estimate by Task and Grade Grade Classification Rate TOTAL 8 Principal /Project Manager $62.63 $63 $63 $63 $63 $63 $313 $313 7 Project Engineer $43.57 $1,743 $87 $1,743 $174 $1,743 $5,490 $5,490 6 Senior Engineer $50.82 $0 $0 $0 $0 $0 $0 $0 5 Assoc. Senior Engineer $36.96 $1,109 $0 $0 $0 $0 $1,109 $1,109 4 Civil Engineer $32.34 $0 $0 $0 $0 $0 $0 $0 3 Assoc. Civil Engineer $27.72 $0 $0 $0 $166 $776 $942 $942 2 Junior Engineer $25.30 $0 $0 $0 $0 $0 $0 $0 1 Assoc. Junior Engineer $21.45 $0 $429 $107 $0 $0 $536 $536 C CADD/Technician $27.50 $550 $0 $0 $440 $440 $1,430 $1,430 A/B/G Administration/Clerical $22.00 $66 $44 $44 $44 $264 $462 $462 Total Direct Labor $3,530 $623 $1,957 $887 $3,286 $10,283 $10,283 Overhead Rate (146.99%) $5,189 $915 $2,876 $1,304 $4,829 $15,114 $15,114 Total Labor $8,719 $1,538 $4,833 $2,191 $8,115 $25,397 $25,397 Parsons Transportation Group Fixed Fee TOTAL 10% of Total Labor Cost $872 $154 $483 $219 $812 $2,540 $2,540 Other Direct Costs Estimate TOTAL Travel $0 $0 $150 $0 $0 $150 $150 Printing and Copying $100 $50 $100 $300 $300 $850 $850 Saf -r -Dig $0 $0 $0 $0 $0 $0 $0 Psomas - Survey $0 $0 $0 $0 $0 $0 $0 Fed Ex $50 $20 $0 $50 $50 $170 $170 Total Other Direct Costs $150 TOTAL ESTIMATE $9,741 Final Estimate NOTES: (1) Billings wil be based on actual salary rates and expenses. $70 $250 $350 $350 $1,170 $1,170 $1,762 $5,566 $2,761 $9,277 $29,106 $29,106 $29,106 $29,106 CITY MAP City of W 9e{ovdo rn LL S313ONV SOl HO A1Nf10O Oz eye up �E. i s s ag�Sbx J rx `! 3NHOHIMVH =10A110 I� � ®= x � =H n -IT ZO eee�� mm C yQ�� 4 MOa.H �uua¢in 38 a c~n y�Fq F6Fj ,ylF< cn '` J 38 EL SEGUNDO CITY COUNCIL AGENDA ITEM STATEMENT MEETING DATE: July 20, 2004 AGENDA HEADING: Consent Ageni Consideration and possible action to approve the cost sharing contract between the City of El Segundo and SBC for relocation of SBC facilities for the Douglas Street Gap Closure Railroad Grade Separation Project - (Estimated cost = $875,000). COUNCIL ACTION: Recommendation — (1) Approve the cost sharing contract; (2) Authorize the City Manager to execute the contract on behalf of the City; (3) Alternatively, discuss and take other action related to this item. BACKGROUND & DISCUSSION: The Douglas Street Gap Closure / Railroad Grade Separation Project requires relocation of existing 20 — 4" diameter SBC underground conduits and communication cables. (Background and discussion continued on the next page......) ATTACHED SUPPORTING DOCUMENTS: 1. Cost Sharing Contract. 2. Project location map. FISCAL IMPACT: Operating Budget: $4,700,000 Amount Requested: $ 875,000 Account Number: 301 -400- 8203 -8949 Project Phase: Reimbursement Agreement Appropriation Required: No ORIGINATED BY: DATE: July 14, 2004 7Z Seimone Jurlis, Acting City Enqineer REVIEWED BY: DATE: 7�7/Oy Mary Strenn, City Manager Q 07 -20 -04 Approve the Cost Sharing Contract between the City and o SBC for Relocation of SBC Facilities for the Douglas Street Project 3 BACKGROUND & DISCUSSION: (continued) The total length of the SBC facilities to be relocated is approximately 1,000 feet, out of which 30 % or 300 feet of the work is within the public street right -of -way. The total cost of the relocation work is estimated by SBC to be $1,250,000. SBC will bear 30 %D of this cost ($375,000) for relocation work within existing public street right -of -way as required by the State Public Utilities Code, and the City will be required to reimburse SBC for the remaining 70 %D or $875,000 for the relocation work outside the existing public right -of -way. The above relocation work will be performed after award of the Douglas Street Project construction contract and payments to SBC will not be made until after completion of the relocation work. 07 -20.04 Approve the Cost Sharing Contract between the City and SBC for Relocation of SBC Facilities for the Douglas Street Project 40 Agreement No. CONTRACT FOR COST SHARING BETWEEN THE CITY OF CITY AND SBC This AGREEMENT is entered into this day of 120 by and between the CITY OF CITY ( "CITY ") and SBC, a California corporation ( "SBC "). 1. RECITALS. This Agreement is entered into with reference to the following facts and objectives: A. SBC and CITY are working to develop the Douglas Street Gap Closure/Railroad Grade Separation project ( "Project "). B. The purpose of this Agreement is to provide for cost sharing between the Parties of all necessary and reasonable expenses relating to the preparation of plans and specifications and for relocation of existing SBC communication lines to facilitate construction of the Project ( "RELOCATION "). Both parties agree that the RELOCATION is not a public works project. 2. ALLOCATION OF COSTS. A. SBC agrees that it will, without limitation, cause all plans and specifications to be prepared for the Project; solicit bids; award a contract; administer the contract; and ensure that the RELOCATION is completed in conformance with its plans and specifications. B. The total estimated cost of the RELOCATION, as detailed in Exhibit "A," which is incorporated by reference, is $1,250,000. SBC's share of this cost, based on work within existing CITY's public right -of -way, is $375,000 (30% of total). CITY's cost share, based on work outside of the public right -of -way, is $875,000 (70% of total). 3. REIMBURSEMENTS. In exchange for SBC's commitments in this Agreement, CITY agrees to reimburse SBC a total of $875,000 for CITY's estimated share of costs associated with the Project. CITY agrees to pay SBC its share of costs as they become due upon receiving periodic invoices. At the completion of the RELOCATION, SBC must submit a final statement of CITY's share of actual incurred costs. CITY agrees to pay its share of amounts above the estimated $875,000 and SBC agrees to reimburse CITY for any amount below the estimated $875,000. 4. NO ADDITIONAL COST - SHARING IMPLIED. The Parties agree that the payment of the amounts described above does not imply the existence of a partnership, joint venture or similar joint enterprise, and the fact that the parties have chosen to share expenses for the Project Page 1 of 1 41 neither creates, evidences nor implies any obligation to expend or share any future expenses related to the Project except as otherwise specifically provided in this Agreement. 5. COPIES OF DOCUMENTS. Copies of all documents, data, studies, drawings, maps, models, photographs and reports including, without limitation, as- builts, prepared by or on behalf of SBC under this Agreement will be provided to CITY. 6. NOTICES. All communications to either party by the other parry will be deemed made when received by such party at its respective name and address as follows: CITY Director of Public Works City of El Segundo 350 Main Street El Segundo, CA 90245 Fax: 310-640-0489 SBC RobertHoffinan SBC 41 S. Chester Avenue Pasadena, Ca 91106 Fax: Any such written communications by mail will be conclusively deemed to have been received by the addressee upon deposit thereof in the United States Mail, postage prepaid and properly addressed as noted above. In all other instances, notices will be deemed given at the time of actual delivery. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph. 7. INDEPENDENT CONTRACTOR CITY and SBC agree that SBC will act as an independent contractor and will have control of all work and the manner in which is it performed. SBC will be free to contract for similar service to be performed for other employers while under contract with CITY. SBC is not an agent or employee of CITY and is not entitled to participate in any pension plan, insurance, bonus or similar benefits CITY provides for its employees. Any provision in this Agreement that may appear to give CITY the right to direct SBC as to the details of doing the work or to exercise a measure of control over the work means that SBC will follow the direction of the CITY as to end results of the work only. 8. INTERPRETATION. This Agreement was drafted in, and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this agreement will be in Los Angeles County. 9. ENTIRE AGREEMENT. This Agreement sets forth the entire understanding of the Parties. There are no other understandings, terms or other agreements expressed or implied, oral or written. This Agreement will bind and inure to the benefit of the parties to this Agreement and any subsequent successors and assigns. 10. RULES OF CONSTRUCTION. Each Party had the opportunity to independently review this Agreement with legal counsel. Accordingly, this Agreement will be construed simply, as a whole, and in accordance with its fair meaning; it will not be interpreted strictly for or against either Party. Page 2 of 2 4 n ti 11. SEVERABILITY. If any portion of this Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Agreement will continue in full force and effect. 12. AUTHORITYlMODIFICATION. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Agreement and to engage in the actions described herein. This Agreement may be modified by written amendment. CITY's city manager may execute any such amendment on behalf of CITY. 13. ACCEPTANCE OF FACSIMILE SIGNATURES. The Parties agree that this Agreement, agreements ancillary to this Agreement, and related documents to be entered into in connection with this Agreement will be considered signed when the signature of a party is delivered by facsimile transmission. Such facsimile signature will be treated in all respects as having the same effect as an original signature. IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written. CITY OF EL SEGUNDO SBC Mary Strenn, City Manager ATTEST: Cindy Mortesen, City Clerk APPROVED AS TO FORM: Mark D. Hensley, City Attorney By: Karl H. Berger, Assistant City Attorney Page 3 of 3 43 41 S. Chester Ave. Pasadena, CA. 91106 APPLICATION AND LETTER OF AGENCY FOR CUSTOM WORK February 5, 2004 Order Number A51047U BILL TO: CITY OF EL SEGUNDO - 350 MAIN ST. EL SEGUNDO, CA. 90245 -3895 ATTN: BELLUR K. DEVARAJ DESCRIPTION OF CUSTOM WORK: SEE ATTACHED CHARGE FOR CUSTOM WORK: ESTIMATED COST: $875,000.00 ( Actual charges may exceed this estimated cost ) Applicant requests that SBC act as its agent in performing the above - described custom work on Applicant's behalf. Applicant agrees to pay the charge(s) indicated above for such work. The work is to be done on an "Actual Cost" basis: all charge(s) will be computed in accordance with SBC's ordinary accounting practices under the Uniform System of Accounts for Class A telephone companies and will include allocated costs for labor, engineering, materials, transportation, motor vehicles, tool and supply expenses, and sundry billings from sub - contractors and suppliers for work and materials related to the job. The Applicant affirms that the cost estimate furnished by the Telephone Company has been considered only as an estimate of approximate costs and that the actual costs incurred by the Telephone Company in doing the work at the particular time and location might be higher. If the Actual Cost made varies from this Estimated Cost, then a correcting adjustment will be made in the payment. If the Applicant cancels the work prior to completion, Applicant agrees to pay SBC for the costs it has incurred in starting performance under the contract and before being notified to cease only. ACCEPTED FOR CUSTOMER: ACCEPTED FOR SBC: Authorized Signature, Title, or Relationship Title: To Company or Individual Company Date: Date: ' Applicable to orders over $25,000 and work will take 6 or more months to complete. 44 41 S. Chester Ave. Pasadena, CA. 91106 REGARDING ORDER NUMBER A51047U The City of El Segundo is proposing the construction of a below ground grade crossing for Douglas Street at the Burlington Northern Santa Fe (BNSF) and Metro Link tracks. Existing SBC facilities are in conflict with the construction plans designed by the City of El Segundo. Seventy percent of SBC facilities are located within easement therefore 100 percent of those relocation costs will be billed to the City of El Segundo. The remaining 30 percent of SBC'S facilities are within franchise rights of way and 100 percent of those costs will be borne by SBC. The proposed relocation plans for SBC's facilities are as follows: Work to be completed by the City of El Segundo: 1 - Place approximately 925 feet of 20 -4" conduit and one 12'x15'xl3' SBC approved manhole in the new grade crossing. The new manhole and all conduits will be supplied by SBC. 2 -Cap the new conduits just outside the two existing SBC manholes located on Douglas Street. Manhole 26012 is located on the west side of Douglas Street, 15 feet north of the Edison tower. Manhole 17251 is located on the west side of Douglas St, 44 feet north of the center line of Park Place. Work to be completed by SBC: 1 - Enlarge two existing manholes and extend the new conduits placed by the City of El Segundo into the newly enlarged manholes. 2 - Place 175 feet of 6 -4" duct from manhole 17251 to existing manhole 26015, located on the north side of Park Place 93 feet west of center line of Douglas Street. 3 - Place 30,125 feet of cable, pressure pipe and inner duct. 4 - Transfer services on the thirteen cables and pressure pipe into the new conduit structure. This work operation will take approximately six months to complete. 5 -After completion of service transfer remove all cables from the old conduit structure and abandon in place the conduit and manholes 24962, 25553 and 26013. 45 4G EL SEGUNDO CITY COUNCIL MEETING DATE: July 20, 2004 AGENDA ITEM STATEMENT AGENDAHEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action to grant an easement to Southern California Edison Company (SCE) for construction and maintenance access regarding SCE facilities to be constructed for the Douglas Street Gap Closure Railroad Grade Separation Project - (No Fiscal Impact). COUNCIL ACTION: Recommendation — (1) Grant the easement; (2) Authorize the City Manager to execute the easement on behalf of the City; (3) Alternatively, discuss and take other action related to this item. BACKGROUND & DISCUSSION: The City owns a 1.73 acre vacant property at 630 South Douglas Street. This property was acquired by the City in 1968 to provide for the southerly extension of Douglas Street. (Background and discussion continued on the next page......) ATTACHED SUPPORTING DOCUMENTS: 1. Grant of Easement. 2. Location map. FISCAL IMPACT: None. Operating Budget: Amount Requested: Account Number: Project Phase: Appropriation Required: ORIGINATED BY: DATE: July 14, 2004 :7-, m a Acting City Engineer REVIEWED BY: DATE: Mary Strenn, City Manager ^ W m -20 -04 Grant an Easement to SCE for Cons0 tcaon and Maintenance Access y Regarding SCE Facilities to be Constwca d for the Douglas Street Project 47 BACKGROUND & DISCUSSION: (continued) The construction of the Douglas Street Gap Closure Project requires relocation of existing and construction of new SCE electrical facilities within the above City property. Additionally, the City property will be developed into an intermodal parking facility through which SCE will need access to service its right -of -way alongside the parking facility. The attached grant of easement to SCE through City property will provide SCE with the access rights needed to implement the Douglas Street Gap Closure Project. 07 -20-04 Grant an Easement to SCE for Construdion and Maintenance Access 48 Regarding SCE Facilities to be Construded for the Douglas Street Project ElSOUTHERN CALIFORNIA EDISON' Air EDISO\ T4TERX,ITJONAL'° Company City of El Segundo Seimon Juris, Acting City Engineer Attn: Bellur K. Devaraj 350 Main Street El Segundo, CA 90245 -3895 Subject: Douglas Street Extension & Grade Separation Project Parcel No. 2 -2IE El Segundo, Los Angeles County CRE File No.: GRT0375553 & REL0257589 Mr. Devaraj: RECEIVED JUN 4 2004 PUBLIC WORKS ENOINEERIKG June 4, 2004 HAND DELIVERED Enclosed is the access and underground distribution easement from the City of El Segundo (City) to Southern California Edison Co. (SCE) in connection with the Douglas Street project. The document language has previously been reviewed and approved by both the City and SCE; please have the document reviewed for form and content, and then executed by the appropriate representatives of the City. Upon execution by the City of El Segundo, forward the document to my attention in the enclosed pre- addressed postage paid envelope. I will arrange to have the document recorded in the Official Records of the County Recorder of Los Angeles County, and will provide the City with a copy of the recorded document. Please contact me at steven.alford2sce.com or (714) 895 -0331, if you have any questions or require additional information. Thank you for your continued patience and cooperation in this matter. Respectfi Y Ily, Ste IT K. Alford ght -of- -Way &Land Agent SKA /ska Attachment cc: w/o attachment Larry Benjamin Steve Bradford Bill Bradshaw Farron Chavarria 14799 Chestnut Sn-eet 49 Westminster, CA 92683 RECORDING REQUESTED BY SOUTHERN CALIFORNIA EDISON COMPANY WHEN RECORDED MAIL TO SOUTHERN CALIFORNIA EDISON COMPANY 14799 CHESTNUT STREET WESTMINSTER, CA. 92683 -5240 ATTN: TITLE & REAL ESTATE SERVICES Location: City of El Segundo APN: 4138- 010 -900 RP FILE: GRT0375553 Seria1:65882A SPACE ABOVE THIS LINE FOR RECORDER'S USE DOCUMENTARY TRANSFER TAX $ COMPUTED ON FULL VALUE OF PROPERTY CONVEYED OR COMPUTED ON FULL VALUE LESS WENS AND ENCUMBRANCES REMAINING AT TIME OF SALE SO. CALIF. EDISON CO SIGNATURE OF DECLARANT OR AGENT DETERMINING TAX FIRM NAME GRANT OF EASEMENT CITY OF EL SEGUNDO, a municipal corporation, does hereby grant to SOUTHERN CALIFORNIA EDISON COMPANY, a corporation, its successors and assigns, hereinafter called Grantee, an easement and right of way to construct, reconstruct, use, maintain and repair existing and proposed roadways in, on, over, along and across that certain real property in the County of Los Angeles, State of California, described as follows: That portion of Lot 22, Tract No. 26557, as per map recorded in Book 675, pages 95 through 98, inclusive, of Maps, in the Office of the County Recorder of Los Angeles County more particularly as Parcel No. 2 -2IE on the Exhibit "A" attached hereto and by this reference made a part hereof. In the event that public roads are constructed, which in the sole opinion of the Grantee, its successors or assigns, will provide Grantee with access as convenient and adequate as that which Grantee, its successors or assigns, may then be using, Grantee, its successors or assigns, agree to quitclaim any such portion or portions of the rights herein granted which are no longer required hereunder as may be determined by Grantee, its successors or assigns. Grantor also hereby grants to Grantee, its successors and assigns, an easement and right of way to construct, use, maintain, operate, alter, add to, repair, replace, reconstruct, inspect and remove at any time and from time to time underground electrical supply systems and communication systems (hereinafter referred to as "systems "), consisting of wires, underground conduits, cables, vaults, manholes, hnholes, and including above - ground enclosures, markers and concrete pads and other appurtenant fixtures and equipment necessary or useful for distributing electrical energy and for transmitting intelligence by electrical means, in, on, over, under, across and along that certain real property in the County of Los Angeles, State of California, described as follows: The Southeasterly 20.00 feet of the hereinabove described said Parcel No. 2 -2IE. This legal description was prepared pursuant to Sec. 8730(c) of the Business & Professions Code. Grantor agrees for itself and assigns, not to erect, place or maintain, nor to permit the erection, placement or maintenance of any building, planter boxes, earth fill or other structures except walls and fences on the said Southeasterly 20.00 feet of the hereinabove described said Parcel No. 2 -2IE. The Grantee, and its contractors, agents and employees, shall have the right to trim or cut tree roots as may endanger or interfere 04/09/2004 50 Grant of Easement City of El Segundo, tc S. C. E. Co., a corp. Serial No. 65882A RP File: GRT0375553 with said systems and shall have free access to said systems and every part thereof, at all times, for the purpose of exercising the rights herein granted; provided, however, that in making any excavation on said property of the Grantor, the Grantee shall make the same in such a manner as will cause the least injury to the surface of the ground around such excavation, and shall replace the earth so removed by it and restore the surface of the ground to as near the same condition as it was prior to such excavation as is practicable. Grantor has not, nor, to Grantor's knowledge, has any third party used, generated, stored or disposed of, or permitted the use, generation, storage or disposal of, any Hazardous Material (as defined below) on, under, about or within the Property in violation of any law or regulation. Grantee agrees that it will not store or dispose of any Hazardous Material (as defined below) on, under, about or within the Property in violation of any law or regulation. Grantee agrees to defend and indemnify Grantor, to the extent stated in Section 8, against any and all losses, liabilities, claims or costs arising from any breach of any warranty or agreement contained in this Section. As used in this Section, "Hazardous Material" means any substance, chemical or waste that is identified as hazardous, toxic or dangerous in any applicable federal, state or local law or regulation (including petroleum and asbestos). Both Grantor and Grantee holds the other harmless and free from any and all liability arising from its own negligence or willful misconduct in connection with its activities or use on the Property. Each Party is responsible for its own legal defense and costs arising from its own negligence or willful misconduct. Both Grantor and Grantee expressly agree that the release, waiver, and indemnity language set forth in this Easement 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. It is expressly understood and agreed that the foregoing provisions will survive termination of this Agreement. EXECUTED this day of 20_ CITY OF EL SEGUNDO, a municipal corporation Name: Name: -2- 51 Grant of Easement City of El Segundo, to S. C. E. Co., a corp. Serial No. 65882A RP File: GRT0375553 STATE OF CALIFORNIA ) ss. COUNTY OF ) On before me, I personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) are subscribed to the within instrument and acknowledged to me that (she /he /they) executed the same in (her /his /their) authorized capacity /ies) and that by (her /his /their) signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. STATE OF CALIFORNIA ) ss. COUNTY OF ) On before me, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) are subscribed to the within instrument and acknowledged to me that (she /he /they) executed the same in (her /his /their) authorized capacit(y /ies) and that by (her /his /their) signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature -3- 52 File with: DOUGLAS STREET (2) Gap Closure /Grade Separation A.P.N. 4138-010-900 I.M. 069 -157 T.G. 732 (J3) Fourth District M02D6854 SERIAL 65882A LEGAL DESCRIPTION PARCEL NO. 2 -2IE: Lot 22, Tract No. 26557, as shown on map recorded in Book 675, pages 95 through 98, inclusive, of Maps, in the office of the Recorder of the County of Los Angeles. Excepting therefrom that portion of said Lot 22 within the following described boundaries: Beginning at the most northerly corner of said lot; thence South 62 123'46" East, along the northeasterly line of said lot, a distance of 4.23 feet to a point, said point being the beginning of a non - tangent curve concave easterly and having a radius of 414.15 feet, a radial of said curve to said point bears North 75 023'44" West; thence southerly, along said curve, through a central angle of 4 023'34 ", an arc distance of 31.75 feet to a point, said last- mentioned point being the beginning of a non - tangent curve concave easterly and having a radius of 291.00 feet, a radial of said curve to said last - mentioned point bears North 75 036'44" West; thence southerly, along said last- mentioned curve, through a central angle of 25 003'44 ", an arc distance of 127.29 feet; thence non - tangent to said last - mentioned curve, South 22 029'23" East 34.57 feet to the beginning of a tangent curve concave northeasterly and having a radius of 350.00 feet; thence southeasterly, along said last- mentioned curve, through a central angle of 22 014'12 ", an arc distance of 135.84 feet; thence tangent to said last- mentioned curve South 44 043'35" East 37.91 feet; thence South 21'33'56" East 9.78 feet to a point in the southeasterly line of said lot, said last- mentioned point being distant North 42 °30'32" East 37.97 feet, along said southeasterly line, from the most southerly corner of said lot; thence southwesterly, along said southeasterly line, to said most southerly corner; thence North 47 °29'18" West, along the southwesterly line of said lot, a distance of 219.51 feet to a point, said last- mentioned point being the beginning of a non - tangent curve concave easterly and having a radius of 350.00 feet, a radial of said last- mentioned curve to said last- mentioned point bears South 75 019'58" West; thence northerly, along said last- mentioned curve, through a central angle of 9 007'29 ", an EXHIBIT A Page 1 of 2 SCG C:\myfiles \road \douglas \legals.doc 53 SERIAL 65882A arcdistance of 55.74 feet; thence tangent to said last- mentioned curve North 5 032'33" West 24.00 feet; thence North 41012'07" West 4.22 feet to the curved northwesterly boundary of said lot; thence northeasterly, along said northwesterly boundary, to the point of beginning. Containing: 1.24+ acres. APPROVED AS TO DESCRIPTION March 16 ) Q004 COUNTY OF LOS ANGELES lgiwm� G CADASTRAL ENGINEER II Mapping and Property Management Division EXHIBIT A Page 2 of 2 SCG C: \myfiles \road \douglasUegals.doc 54 m g GiT� QRO�cf?TY CENTER (Mop05ED) JJ Well EL SEGUNDO CITY COUNCIL MEETING DATE: July 20, 2004 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action regarding the bi- annial adoption of a Conflict of Interest Code required by The Political Reform Act (Government Code Section 81000 et. seq.) recinding Resolution No. 4324 and adopting a new resolution approving a new Conflict of Interest Code. COUNCIL ACTION: 1) Adopt Resolution; 2) Alternatively, discuss and take other action related to this item. BACKGROUND & DISCUSSION: The California Government Code requires that no later than July of each even numbered year, the City Council shall direct the City Clerk to review and recommend changes to the Conflict of Interest Code. Since the most recent update of the Code last year, the City Clerk has reviewed the current Code and is recommending the following changes resulting from the addition or deletion of designated positions pursuant to Government Code 87302. The addition of Program Coordinator, Residential Sound Insulation Program, position filled in 2002; addition of Human Resources Manager, not added due to clerical error during Administrative Services Department reorganization in 2001; and Parks Superintendent, position filled in 2003. ATTACHED SUPPORTING DOCUMENTS: Draft Resolution FISCAL IMPACT: NONE ORIGINATED BY: DATE: 10 57 RESOLUTION NO A RESOLUTION ADOPTING THE 2004 CONFLICT OF INTEREST CODE FOR THE CITY OF EL SEGUNDO IN ACCORD WITH THE POLITICAL REFORM ACT. The City Council of the city of El Segundo does resolve as follows: SECTION 1: The City Council finds and declares as follows: A. The Political Reform Act ("PRA"; Gov't. Code § § 81000, et seq.) and regulations adopted pursuant to the PRA ( "FPPC Regs.; 2 Cal. Code of Regs. §§ 18700, et seq.) requires local government to adopt conflict of interest codes. B. Section 18730 of the FPPC Regs. sets forth a standard conflict of interest code that may be adopted by local agencies. C. On or about June 2004 City Clerk's Office conducted a review of the City's conflict of interest code in accord with Government Code § 87306.5 and recommends changes to the code. D. The City Clerk has incorporated those recommendations into this Resolution. E. To fulfill its obligations under the PRA and FPPC Regs., the City Council will adopt the conflict of interest code as set forth below. SECTION 2: Pursuant to FPPC Regs. § 18730, the City of El Segundo adopts a Conflict of Interest Code to read as follows: "CONFLICT OF INTEREST CODE FOR THE CITY OF EL SEGUNDO A. Incorporation of Standard Code. Under the terms of the Political Reform Act (Gov't Code §§ 81000 et seq.) and regulations promulgated by the Fair Political Practices Commission (2 Cal. Code of Regs. §§ 18700, et seq.), the City is required to adopt a conflict of interest code. The City of El Segundo incorporates by reference 2 Cal. Code of Regs. § 18730, and its amendments, into this Conflict of Interest Code including, without limitation, the designation of officials and employees and the disclosure categories set forth below (collectively, "the Conflict of Interest Code "). B. Filing of Statements Designated officials, officers and employees must file Statements of Economic Interest (Form 700) with the City Clerk or Deputy City Clerk. After receiving Statements of Economic Interests from City Council members, the City Treasurer, Planning 58 Page 1 of 6 Commission members, City Attorney, and City Manager, the City Clerk or Deputy City Clerk, must forward the original to the Fair Political Practices Commission and retain a copy for the City's files. Under Government Code § 82011(c), the City Council is the code reviewing body with respect to the Conflict of Interest Code. C. Review Procedure Under Government Code § 87306.5, not later than July 1 of each even numbered year, the City Council must direct the City Clerk, or Deputy City Clerk, to review the Conflict of Interest Code. The City Clerk or Deputy City Clerk must submit an amended Conflict of Interest Code to the City Council if a change in the Conflict of Interest Code is necessitated by changed circumstance. If changes are not required, the City Clerk or Deputy City Clerk must submit a written statement to that effect to the City Council not later than October 1 of the same year. D. Designated Positions The following positions entail the making or participation in the making of decisions that may have a foreseeable material effect on the officials or officer's financial interests. COUNCIL, COMMISSIONS, COMMITTEES, & BOARDS Members of the City Council Members of the Planning Commission Members of the Recreation & Parks Commission Members of the Senior Housing Board Members of the Library Board of Trustees Members of the Investment Advisory Committee Members of the Capital Improvement Program Advisory Members of the Economic Development Advisory Council Members of the Community Cable Advisory Committee Members of the LAX Master Plan Advisory Commission Members of the Aviation Safety and Noise Abatement Committee OFFICE OF THE CITY MANAGER: City Manager Assistant City Manager Program Coordinator (Residential Sound Insulation Program) ADDED OFFICE OF THE CITY ATTORNEY: City Attorney Assistant City Attorney Page 2of6 59 OFFICE OF THE CITY CLERK: City Clerk Deputy City Clerk OFFICE OF THE CITY TREASURER: City Treasurer Deputy City Treasurer COMMUNITY, ECONOMIC & DEVELOPMENT SERVICES: Director of Community, Economic & Development Services Planning Manager Building Manager Economic Development Manager Senior Planner Associate Planner Assistant Planner (s) Planning Technician Senior Plans Examiner Senior Building Inspector Building Inspector(s) PUBLIC WORKS DEPARTMENT Director of Public Works City Engineer General Services Manager Utilities Manager Water Supervisor Wastewater Supervisor ADMINISTRATIVE SERVICES DEPARTMENT: Director of Administrative Services Assistant Director of Finance Accounting Manager Risk Manager/Purchasing Agent Business Services Manager Information Systems Manager Human Resources Manager ADDED LIBRARY DEPARTMENT: Page 3 of 6 P� Director of Library and Cable Services Senior Librarian (s) POLICE DEPARTMENT Police Chief Police Captain(s) FIRE DEPARTMENT Fire Chief Battalion Chief(s) RECREATION AND PARKS DEPARTMENT Director of Recreation and Parks Recreation Superintendent Parks Superintendent ADDED * Listed in the code for information purposes only. These positions file under Government Code Section 87200 with the Fair Political Practices Commission. CONSULTANTS: All consultants except those included by the City Manager in accordance with the following procedure: The City Manager may determine in writing that a particular consultant, although a "designated position," is hired to perform a range of duties that requires the consultant to fully comply with the disclosure requirements described in this section. Such written determination must include a description of the consultant's duties and, based upon that description, a statement of the extent of disclosure requirements. The City Manager determination is a public record and must be retained for public inspection in the same manner and location as this conflict of interest code. E. Disclosure Requirements Designated employees must disclose all interests as required by the Political Reform Act and regulations promulgated thereto. When a new position classification is created by the Administrative Services Department for City Council approval, the Administrative Services Department will recommend that the City Council decide whether the new position will be required to file a Statement of Economic Interest and be included as a designated position in the Conflict of Interest Code. 61 Page 4 of 6 When the City Council establishes a Commission, Committee, or Board, the City Council will decide whether the members of the Commission, Committee or Boards be included as a designated position in the Conflict of Interest Code and the members of the Commission, Committee or Board so designated by the City Council, will be required to file a Statement of Economic Interest." SECTION 3: Resolution No. 4324 (adopted September 2, 2003) and any other resolution or policy purporting to establish a conflict of interest code, are superseded by this Resolution and thus repealed in their entirety. SECTION 4: Repeal of any provision of any resolution or policy herein will not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before, this Resolution'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 Resolution. SECTION 5: The City Clerk will certify to the passage and adoption of this Resolution and enter it into the book of original resolutions. SECTION 6: This Resolution will become effective immediately upon adoption. ATTEST: Cindy Mortesen, City Clerk APPRC Mark E 0 PASSED AND ADOPTED this 20`h day of July, 2004. Kelly McDowell, Mayor mey Page 5 of 6 62 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I, Cindy Mortesen, City Clerk of the City of El Segundo, California, DO HEREBY CERTIFY that the whole number of members of the City Council of the said City is five; that the foregoing resolution, being RESOLUTION NO. was duly passed and adopted by the said City Council, approved and signed by the Mayor of said City, and attested by the City Clerk of said City, all at a regular meeting of the said Council held on the 20th day of July, 2004, and the same was so passed and adopted by the following vote: AYES: NOES: ABSENT: ABSTENTION: NOT PARTICIPATING: WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this 20`h day of July, 2004. Cindy Mortesen, City Clerk Of the City of El Segundo, California (SEAL) Page 6 of 6 63 EL SEGUNDO CITY COUNCIL MEETING DATE: July 20, 2004 AGENDA ITEM STATEMENT AGENDA HEADING: Consent AGENDA DESCRIPTION: Consideration and possible action regarding the approval of $62,200 outlined in the Police Department budget for annual Communications Center and Police Records maintenance services provided by the West Covina Service Group. RECOMMENDED COUNCIL ACTION: (1) Recommendation for the approval of $37,700 for the Public Safety Communications Center and $24,500 for the Police Records Division for maintenance services provided by the West Covina Service Group. (2) Alternatively, discuss and take other action related to this item. BACKGROUND & DISCUSSION: On February 3, 1998, the City Council approved the design, construction and operation of the El Segundo Public Safety Communications Center. As part of the overall project, funding was approved and earmarked for Computer Aided Dispatching /Records Management (CAD /RMS) software and a Mobile Date Computer (MDC) system that is provided and maintained by the West Covina Service Group. It is requested that $62,200 be approved for the ongoing annual maintenance fees for the CAD /RMS and MDC systems. ATTACHED SUPPORTING DOCUMENTS: None. FISCAL IMPACT: Operating Budget: Amount Requested: Account Number: Appropriation Required: $40,500(001 -400- 3107 -6278) $26,150(001 -400- 3101 -6278) $62,200 $37,700(001 -400- 3107 -6278) $24,500(001 -400- 3101 -6278) No Jack Wayt, Chief of Police 11 64 EL SEGUNDO CITY COUNCIL MEETING DATE: July 20, 2004 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda Consideration and possible action regarding approval for on -site maintenance of the Communications Center's Dictaphone digital call -check playback equipment used in support of Police Department's dispatch operations. Yearly maintenance costs not to exceed $4,352.95. RECOMMENDED COUNCIL ACTION: (1) Authorize a blanket purchase order to Dictaphone Corporation for providing digital call -check system maintenance; (2) Alternatively, discuss and take other action related to this item. BACKGROUND & DISCUSSION: Dictaphone Corporation provides two maintenance contracts for the system used by the Police Department to record all telephone calls and public safety radio transmissions to and from the communications center. Annual maintenance cost for both contracts total $11,872.56 per year. One contract in the amount of $7,519.61 covers the permanent recording system's hardware and software. Another contract in the amount of $4,352.95 covers a temporary recording system that allows immediate playback directly at dispatch consoles of phone calls or radio transmissions. This first contact was paid on May 5, 2004. The second contract is currently due for renewal. In combination with the first contact, renewal of the second contract will exceed the $10,000 limit paid to a single vendor in a year, thereby requiring City Council approval. The Police Department will make arrangements with this vendor to consolidate both service contracts into a sinqle contract for future renewals. None. FISCAL IMPACT: Operating Budget: $93,800.00 Amount Requested: $4,352.95 Account Number: 001 - 400 - 3107 -6206 Project Phase: NIA Appropriation Required: No O A D BY: DATE: 714 Jack Wayt ief of Police REVIEWED BY: DATE: /7 /y Mary nn, City Manager 12 65 EL SEGUNDO CITY COUNCIL MEETING DATE: July 20, 2004 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Calendar AGENDA DESCRIPTION: Consideration and possible action to approve request by the El Segundo Rotary Club for waiver of fees for city services for its Movie in the Park event, Saturday, August 7, 2004 at Chevron Park in El Segundo. (Fiscal Impact: $2,725) RECOMMENDED COUNCIL ACTION: Recommendation — (1) Approve request; (2) Alternatively, discuss and take other action related to this item. BACKGROUND & DISCUSSION: The Movie in the Park, sponsored by El Segundo Rotary, is an annual community event that has been held at Chevron Park for the past six years. The Movie in the Park is scheduled to take place on Sunday, August 7, 2004 from 4 p.m. —11 p.m. at Chevron Park. The event will take place on private property; however, due to the estimated attendance of 2,000 participants, the El Segundo Rotary Club is requesting EI Segundo officers to assist with traffic flow assistance, as they have done in past years. All items requested per the permitting process have been received and filed. ATTACHED SUPPORTING DOCUMENTS: 1- Letter of Request from the El Segundo Rotary Club FISCAL IMPACT: $2,725. Operating Budget: Amount Requested: Account Number: Project Phase: Appropriation Required: _Yes X No ORIGINATE DATE: Z.�. Stacia Mancini, Director of Recreation and Parks 7- REVIEWED BY: DATE: Strenri, Ci anager ?� 66 13 et *rguubo Rotarp Cub July 1, 2004 Honorable Mayor and Members of the City Council El Segundo City Hall 350 Main Street El Segundo CA 90245 Re: Request for Waiver of fees for city services for Movie in the Park, August 7, 2004 Gentlemen: On August 7, 2004, the El Segundo Rotary Club will hold its 7th annual Family Summer event, Movie in the Park, under the stars at Chevron Park in El Segundo, from 4 PM to 11 PM. This event is one of a kind in the South Bay. It attracts about 2,000 people and the crowd keeps growing each year. The event is the summer highlight in the lives of many of our little people and their families. Movie in the Park could not happen without the assistance of Chevron workers, many volunteers, sponsors and the services provided by the City. Although the event is held on private property help with traffic to keep the participants safe while getting in and out of the park, is needed. The Police Department has reviewed and approved our traffic plan. We respectfully request that once again the Council waive any fees incurred for these services in order that Movie in the Park may be a truly successful community event. Respectfully submitted, Phil White, President 2004 -2005 67 EL SEGUNDO CITY COUNCIL MEETING DATE: July 20, 2004 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action regarding a License Agreement for Downtown lunchtime shuttle service between the City and Kilroy Realty Finance Partnership, L.P. and Kilroy Realty Finance, Inc (Kilroy). COUNCIL ACTION: 1. Approve License Agreement; 2. Authorize City Manager to sign; and /or 3. Alternatively, discuss and take other action related to this item. BACKGROUND & DISCUSSION: In order to improve the economic vitality of Downtown, the City established the Downtown lunchtime shuttle service in June 2001 to bring employees from the east side of town to the Downtown between the hours of 11:30 A.M. and 2:15 P.M. from Monday to Friday. The free service offers two shuttles, the Grand shuttle and the Imperial shuttle. The Grand shuttle averaged 507 riders per month in 2003 while the Imperial route averaged only 160 per month. The Imperial shuttle's existing route has stops on Boeing property, on Nash Street and on Maple Avenue. However, it skirts the Kilroy Airport Center, a multi- tenant office complex with over 2,500 employees located at 2250 and 2260 E. Imperial Highway. In an effort to improve ridership, staff approached the Kilroy Corporation some time ago to seek access approval. Kilroy has approved access to the Airport Center, but requires that the City sign a licensing agreement. Kilroy has now executed the agreement, which runs for a period of two (2) years, subject to renewal by mutual written agreement. Other changes to the shuttle route intended to improve ridership include two additional stops along Imperial, elimination of a stop in front of 501 Continental (until such time as the building is leased), and a change in the location of the stop at Main Street and Pine Avenue from the northwest to the southeast corner. ATTACHED SUPPORTING DOCUMENTS: A. License Agreement B. Map of Shuttle Routes C. Shuttle Flver FISCAL IMPACT: Operating Budget: N/A Amount Requested: N/A Account Number: N/A Project Phase: N/A Appropriation Required: —Yes _X_ No ORIGINATED BY: DATE: A W3 /d -�- Ja es Hansen, Director of Community, Economic and Development Services R IE ED BY: DATE: �j 14 Mary Strenr Ity Manager dj° b Police Department personnel reviewed all stops for safety considerations. The Downtown Ad Hoc Committee reviewed the changes to the routes as well during a recent meeting. For reference purposes, the Downtown shuttle utilizes four City -owned buses paid for with funds from Propositions A and C. The vehicles also provide Dial -A -Ride, beach shuttle and other services throughout the year. 69 LICENSE AGREEMENT BETWEEN THE CITY OF EL SEGUNDO AND KILROY REALTY FINANCE PARTNERSHIP, L.P. THIS LICENSE AGREEMENT ( "License ") is made and executed this day of May, 2004, between the CITY OF EL SEGUNDO, a municipal corporation ( "CITY "), and KILROY REALTY FINANCE PARTNERSHIP, L.P., a Delaware Limited Partnership, and KILROY REALTY FINANCE, INC., a Delaware Corporation, General Partner (collectively, "KILROY "). RECITALS: A. KILROY is the owner of and operator of a multi- tenant office complex commonly known as the Kilroy Airport Center, comprised of two multi -story office buildings located at 2250 and 2260 E. Imperial Highway, El Segundo California, and a combined office and parking structure located at 2240 E. Imperial Highway, El Segundo, California (the "Project "). B. KILROY and CITY desire to enter into this License to permit CITY to use a portion of the Project, more particularly described on Exhibit "A ", attached hereto, as a stop point for its lunchtime shuttle service. 1. LICENSE; DESCRIPTION OF LICENSE AREA. KILROY licenses CITY to use, on the terms and conditions in this License, that portion of the Project situated within the CITY's jurisdiction at the Southwest comer of East Imperial Highway and Douglas Street, and including a route of ingress and egress through the Project, as more particularly depicted in attached Exhibit "A," which is incorporated by reference ( "License Area "). KILROY's action is not, and should not be construed to be, a conveyance of a property interest or a lease; it is a license to use the License Area only. 2. USE OF LICENSE AREA. A. CITY may use the License Area for the purpose of operating its El Segundo Lunch Time Shuttle service including, without limitation, ingress and egress to the License Area by CITY vehicles. B. KILROY may change, amend, or terminate CITY use of the License Area at any time, and in its sole discretion verbally or in writing. 3. TERM. Except as provided in Section 4, the term of this License will run from the date of execution for two (2) years, subject to renewal by mutual written agreement of the parties hereto, unless sooner terminated as provided in this License. 4. TERMINATION. A. As stated above, KILROY may terminate this License at any time with or without cause, upon written or verbal notification. Termination will be effective upon notification, unless KILROY specifies otherwise. B. CITY may terminate this License at any time in writing upon at least five (5) days written notice to KILROY. Paget of 4 T:\Properties \Los Angeles County PropertiesWAC.EI Segundo (3- 1110) \041icense \City of El Segundo Shuttle License Agreement 02cl n.doc5 /3/2004 70 5. CONDEMNATION. If all or part of the License Area is acquired by eminent domain or purchase in lieu thereof, CITY acknowledges that it will have no claim to any compensation awarded for the taking of the License Area or any portion thereof or for loss of or damage to CITY's improvements. 6. ALTERATIONS. CITY will not make, or cause to be made, any alterations to the License Area, or any part thereof, without KILROY's prior written consent. 7. SIGNS. CITY will not place any sign upon the License Area without KILROY's prior written consent. CITY will pay for all costs of any approved signage and comply with all applicable sign codes and ordinances. S. ASSIGNMENT. CITY will not be permitted to assign this License or any interest therein. 9. INDEMNIFICATION. A. CITY will hold KILROY harmless and free from any and all claims or demands of any kind for or in connection with any occurrence, accident, injury to person (s) or property, damage or dispute arising out of this License, or CITY's performance hereunder. Should KILROY be named in any suit, or should any claim be against it, by suit or otherwise, arising out of CITY's negligence or wrongful acts, CITY will defend KILROY with counsel reasonably acceptable to KILROY and will indemnify it for any judgment rendered against it or any sums paid out in settlement or otherwise. B. It is expressly understood and agreed that the foregoing provisions will survive termination of this License. 10. INSURANCE. A. KILROY agrees that CITY is a public entity that carries sufficient insurance to meet KILROY's insurance requirements. CITY agrees that it will seek to have its liability policy endorsed to name KILROY as "additional insureds" under such insurance coverage. B. CITY will furnish to KILROY 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 KILROY from time to time. 11. COMPLIANCE WITH LAW. CITY will, at its sole cost and expense, comply with all of the requirements of all federal, state, and local laws and regulations of any kind now in force, or which may hereafter be in force, pertaining to the License Area and /or Project, as applicable and will faithfully observe in the use of the License Area all such applicable laws and regulations. 12. BREACH OF AGREEMENT. The violation of any of the provisions of this License will constitute a breach of this License by CITY, and in such event said License will automatically cease and tern inate. Page 2 of 4 T:Wroperties \Los Angeles County Proper ies\KAC.EI Segundo (3- 1110)\041icense \City of El Segundo Shuttle License Agreemenr02cl n.doc5/3/2004 13. 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. 14. 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 KILROY at: Kilroy Realty Finance Partnership, L.P. 12200 West Olympic Blvd., Ste. 200 Los Angeles, CA 90064 Attn: Legal Department or to CITY at: City Manager's Office Attn: City Manager 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. 15. 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. 16. 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. 17. 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. 18. ENTIRE AGREEMENT. This instrument and its Attachments constitute the sole agreement between CITY and KILROY respecting the License Area, the use of the License Area by CITY, and the specified License term, and correctly sets forth the obligations of CITY and KILROY. Any agreement or representations respecting the License Area or its licensing by KILROY to CITY not expressly set forth in this instrument are void. 19. 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. 20. 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 Page 3 of 4 T:Wropenies \Los Angeles County Properties \KAC.EI Segundo (3- 1110) \041icense \City of El Segundo Shuttle License Agreement.02eln.doc5 /3/2004 72 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. 21. 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. 22. LIMITATION OF LIABILITY. In no event shall either party be liable to the other for any incidental, punitive, or consequential damages of any nature whatsoever, including lost profits or revenues, regardless of the foreseeability thereof. 23. FORCE MAJUERE. Should performance of this Agreement be prevented due to fire, flood, explosion, war, embargo, government action, civil or military authority, the natural elements, or other similar causes beyond the Parties' reasonable control, then the Agreement will immediately terminate without obligation of either party to the other. . 24. WARRANTIES AND REPRESENTATIONS. KILROY makes no warranties or representations that the License Area is suitable for CITY's intended use and CITY agrees KILROY is under no obligation to provide labor, materials, security or other services in connection with the construction or maintenance of any sign or the operation of the shuttle. IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written. CITY OF EL SEGUNDO a general law city and municipal corporation. KILROY REALTY FINANCE PARTNERSHIP, L.P., a Delaware Limited Partnership By: KILROY REALTY FINANCE, INC., a Delaware Corporation, General Partner By. — OHN T. FUCCI Title: SR. VICE PRESIDENT T Mb NAGRIENT By. IJHANNU LEWIS Title: VICE PRESIDENT iMENT Page 4 of 4 T:\Propenies \Los Angeles County Properties \KAC.EI Segundo (3- 1110) \041icense \City of El Segundo Shuttle License t'7 (� Agreement.02cin.doc5/3 /2004 i 1 Mary Strenn, City Manager ATTEST: Cindy Mortesen, City Clerk APPROVED TO Mark D. Hen C. By: K r e ge Assistant City KILROY REALTY FINANCE PARTNERSHIP, L.P., a Delaware Limited Partnership By: KILROY REALTY FINANCE, INC., a Delaware Corporation, General Partner By. — OHN T. FUCCI Title: SR. VICE PRESIDENT T Mb NAGRIENT By. IJHANNU LEWIS Title: VICE PRESIDENT iMENT Page 4 of 4 T:\Propenies \Los Angeles County Properties \KAC.EI Segundo (3- 1110) \041icense \City of El Segundo Shuttle License t'7 (� Agreement.02cin.doc5/3 /2004 i 1 V W REVISED IMPERIAL AVENUE SHUTTLE ROUTE 1 City of El Segundo '� ATTACHMENT B ... .., 1 1E1 1, 1 1 l 1 =' a FUIVEM ........._ ..... _ ...... BLW .SE EOPBLVO X4EPULV£W &.VO 1 NENlLF et:' Q m n m 9 m ma� w MNNA+as .. i ldNfHSf� v. sNEEwxs.:.. klY m:57Yi z � � -_.. wwsrwce uwerrucs ¢ i f oP. s: cvncvnosT -`} � - wncaxos -g' ina iso E 11 • 1 1 i 7'5 y I ltAar.YnPtM �$NEGN.4Npx - - mmGPivarld. -... � 1 wnHinHlar -- _'xMnveNeT _._ wNVy�ms -..:. I AfYfnH :: tGtlrtl,lt " l6tlliAS� tOhfiN�. w 1.. .ruH»nn - sem�aT AEP1M'M1 81FMMT 1' PENN ST. Su PM £i §S W u � r" 3HEICONT � y'EIDO113f°1GUru/.S wrIP1rt1 EIWYL I EYP[Ik!!ST I y _ MEHHR 1. �� i fll[A'x`f�9mif .. FFAVTRYq u u G u } s 1. W i ss 9TEHOHPtl BT r PgPExNT ^ d ¢ 3 'r mar �.gr w MNNA+as .. i ldNfHSf� v. sNEEwxs.:.. klY m:57Yi z � � -_.. wwsrwce uwerrucs ¢ i f oP. s: cvncvnosT -`} � - wncaxos -g' ina iso E 11 • 1 1 i 7'5 ATTACHMENT C Downtown .� ei = i,.cm�. snu"n. EI Segundo • Dine • Shop • Explore City of El Segundo Lunchtime Shuttle Visit Beautiful Downtown El Segundo Dine * Shop • Explore Weekdays Continuous From 11:30 am - 2:15 pm Grand Shuttle • SE corner of Kansas St. and Grand Ave. • Pacific Corporate Towers at Grand Ave. entrance • South side of Grand Ave. between continental Blvd. And Nash St. (mid - block) • Continental Grand Plaza II (400 Continental Blvd.) • NE corner of Grand Ave and Main St. • SE corner of Holly Ave. and Main St. • SE corner of Pine Ave. and Main St. • NW corner of Richmond St. and Franklin Ave. • East side of 100 block of Main St. (mid - block) Imperial Shuttle • SE Corner of Main and Imperial Avenue (at bus stop) • SE Corner of Sepulveda and Imperial Hwy. (at bus stop) • East side of Hughes Way south of Imperial Hwy. (at bus stop) • Kilroy Airport Center, south side of Imperial Hwy. (at rear of 2250 Imperial Building) • West side of Nash St. south of intersection with Imperial Hwy. • North side "of E. Maple Ave. across from 2030 E. Maple (mid - block) • NE corner of Grand Ave. and Main St. • SE corner of Holly Ave. and Main St. • SE corner of Pine Ave. and Main St. • NW corner of Richmond St. and Franklin Ave. • East side of 100 block of Main St. (mid - block) For Information or Special Pick -Up: 310 - 524 -2704 ?6 EL SEGUNDO CITY COUNCIL MEETINGDATE: July 20, 2004 AGENDA ITEM STATEMENT AGENDA HEADING: New Business AGENDA DESCRIPTION: Consideration and possible action regarding the Request for Proposal for Consultant to develop a City of El Segundo Aquatic Master Plan (Fiscal Impact $65,000) (1) Recommendation: Approve release of attached Request for Proposal for Consultant to develop a City of El Segundo Aquatic Master Plan (2) Alternatively, discuss and take other action related to this item. BACKGROUND & DISCUSSION: In April 2004 City Council appointed an Aquatic Taskforce. This taskforce was appointed to develop an Aquatic Master Plan for the City. This task force has been meeting about twice a month to look at all of the issues and challenges regarding the aquatics programs in El Segundo. They have looked at all the current programs and facilities that are offered in El Segundo either by the City, Schools or private programs. They have looked at available land or locations for a possible second pool. The Taskforce and the Recreation and Parks Commission held a town hall meeting for the Community to discuss Aquatic issues on July 14, 2004. The final step is to bring on a Consultant to do a survey of community needs, and to develop a Master Plan that will address both program and facility needs for the next several years. This consultant will work with staff and the Taskforce to bring a plan back to the Recreation and Parks Commission early next year. If the Commission approves the plan, it will be sent on to City Council for adoption. ATTACHED SUPPORTING DOCUMENTS: Request for Proposal for Consultant to develop an Aquatic Master Plan for the City of El Segundo FISCAL IMPACT: Operating Budget: Account Number: 301 -400- 5101 -8104 Amount Requested: $65,000 Project Phase: Appropriation Required: _Yes x No ORIGINATED: p DATE: July 7, 2004 cl'l�tl' Stacia Mancini, Director of Recreation and Parks REVIEWED BY: DATE: i C Mary Stre City Manager 5 6f' 1 II CITY OF EL SEGUNDO REQUEST FOR PROPOSALS RFP # 04 -06 AQUATIC MASTER PLAN DEVELOPMENT SERVICES FOR THE RECREATION & PARKS DEPARTMENT SUBMITTAL: One (1) original and seven (7) copies must be received on or before: 11:00 A.M., Tuesday, August 3, 2004 (LATE ARRIVALS WILL NOT BE ACCEPTED UNDER ANY CIRCUMSTANCES) Addressed to: City Clerk's Office Address: 350 E. Main Street, El Segundo, CA. 90245 -3813 Mark envelope: AQUATIC MASTER PLAN DEVELOPMENT SERVICES FOR THE RECREATION & PARKS DEPARTMENT RFP # 04 -06 PROPOSALS RECEIVED AFTER THE TIME AND DATE STATED ABOVE SHALL BE RETURNED UNOPENED. Proposals will be received by the City Clerk, 350 E. Main St., El Segundo, CA. 90245 -3813, until 11:00 A.M., on Tuesday, August 3, 2004 for providing: AQUATIC MASTER PLAN DEVELOPMENT SERVICES FOR THE RECREATION & PARKS DEPARTMENT Documents may be inspected and obtained in the office of the Risk Manager /Purchasing Agent, 350 E. Main Street, El Segundo, CA., 90245 -3813, or by calling 310 - 524 -2339. The City hereby affirmatively ensures that minority owned business enterprises will be afforded full opportunity to submit and have considered, a Proposal in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, handicap, gender, or religion in any consideration leading to the award of contract. The right is reserved by the City of El Segundo to reject any or all submittals, to waive any irregularities or informalities not affected by law, to evaluate the submittals provided and to award the contract according to the offer which best serves the interests of the City. Dated this July 12, 2004 at El Segundo, California By: Publication Date: July 12, 2004 RFP for Aquatic Master Plan Development Services - #04 -06 - draft2 - 06J0-041.dw 1 178 GENERAL CONDITIONS RFP NO. 04-06 AQUATIC MASTER PLAN DEVELOPMENT SERVICES FOR THE RECREATION & PARKS DEPARTMENT PROJECT DESCRIPTION The City of El Segundo is requesting Proposals from qualified and experienced contractors to develop a citywide Aquatic Master plan. The City has a Master Plan for Recreation Park, but it does not have any Master Plans that deal with Aquatic Facilities or Programs. The City would like to develop an Aquatic Master Plan that includes a community aquatic needs assessment, as well as a facilities inventory for the community that would include public and private facilities and programs. The goal is to address the current and future needs for the community in aquatic facilities and programs. The professional services set forth in the Request for Proposals include: • Community Needs Assessment • Facilities Inventory • Meetings with the Recreation and Parks Commission, Aquatic Taskforce and a presentation to the City Council. Through a combination of proposals and interviews, the City will choose the contractor who will best serve the interests of the City. One original and seven (7) copies (total 8) of the Proposal are to be submitted to the City Clerk's Office, 350 E. Main Street, on or before 11:00 a.m., Tuesday, August 3, 2004. INFORMATION This Request for Proposals is being issued by the City of El Segundo Risk Management & Purchasing Division. Unless otherwise directed, all communications regarding this Request for Proposal should be directed to Stacia Mancini, Director of Recreation and Parks, at (310) 524- 2707. Any revisions to the Request for Proposals will be issued and distributed as addenda. Contractors are specifically directed not to contact any other City personnel for meetings, conferences or technical discussions related to this Request for Proposals. Failure to adhere to this policy may be grounds for rejection of Proposals. Important Notice The City of El Segundo will not be responsible for oral interpretations given by any City employee, representative, or others. Contractors are cautioned that any statements made that materially change any portion of the contract documents shall not be relied upon unless subsequently ratified by a formal written amendment to the contract documents. The issuance of a written addendum is the only official method whereby interpretation, clarification, or additional information can be given. If any addenda are issued to this Request for Proposals, the City will attempt to notify all prospective contractors who have secured same. However, it will be the responsibility of each contractor, prior to submitting their Proposal, to contact J. Richard Hogate, Risk Manager /Purchasing Agent, 350 E. Main Street, El Segundo, CA, 90245 -3813, (310) 524 -2339 to determine if addenda were issued and to make such addenda a part of the Proposal. RFP for Aquatic Master Plan Development services 404-06 - drat@ - 000-041.doc 2 79 CONTRACTING AGENCY The contract resulting from this Request for Proposals will be administered by the City of El Segundo Recreation and Parks Department. BUSINESS TAX CERTIFICATE Possession of a City of El Segundo Business License is not required to submit a Proposal. However, Contractor shall be required to possess, at his /her own expense, a valid and current City of El Segundo business License, prior to commencing work. For additional information, contact the City of El Segundo Administrative Services Department at (310) 524 -2328. CONTRACT & INSURANCE REQUIREMENTS See attached City of El Segundo Professional Services Agreement. EVALUATION /AWARD OF CONTRACT Evaluation of Proposals will be based on the information called for in this RFP. Brochures or other promotional presentations beyond what are sufficient to submit a complete and effective proposal are not desired. Elaborate artwork, expensive paper or binders, and expensive visuals are not necessary. Proposals will be evaluated by the City's Selection Committee. In connection with its evaluation, the City may, at its option, invite one or more candidates to make an oral presentation to the Selection Committee. During these interviews, the candidates will be allowed to present such evidence as may be appropriate in order that the Committee can correctly analyze all materials and documentation submitted as a part of the Proposals. Negotiations with the top - ranked firm(s) will be conducted by appropriate City staff designated by the City Manager. The City reserves the right to make a selection based on any or all factors of value, whether quantitatively identifiable or not, including, but not limited to, the anticipated initiative and ability of the candidate to perform the services set forth herein. The City of El Segundo reserves the right to waive any irregularities or informalities in any Request for Proposals or the RFP process when it is in the best interest of the City to do so; to re- advertise for Proposals, if desired; to sit and act as sole judge of the merit and qualifications of the service offered and; to evaluate in its absolute discretion, the Proposals of each contractor, so as to select the contractor which best serves the requirements of the City, thus insuring that the best interest of the City will be served. The City may make such investigation as it deems necessary to determine the ability of a contractor to furnish the required services, and the contractor will furnish to the City all such information and data for this purpose as the City may request. The City reserves the right to reject any Proposals if the evidence submitted by, or investigation of, such contractor fails to satisfy the City that such contractor is properly qualified to carry out the obligations of a contract and to deliver the services contemplated herein or; the submittal of any contractor who has previously failed to perform properly, or complete on time, contracts of a similar nature. Any material misrepresentation or material falsification of information provided to the City in the contractor's Proposal, or at any point in the evaluation process, including any interview conducted, is grounds for rejection. In the event that the misrepresentation or falsification is not discovered until after any agreement is awarded, the agreement may be terminated at that time. A determination as to whether a misrepresentation or falsification of the submittal is material shall be made solely in the exercise of the City's sound discretion. The City expressly reserves the right to reject the submittal of any contractor who is in default on the payment of taxes, licenses or other moneys due to the City of El Segundo. RFP for Aquatic Master Plan Devebpment Services -#04 -06 - dral12 - 06- 30 -041.doc 3 80 The City reserves the right to conduct a background inquiry of each contractor which may include the collection of appropriate criminal history information, contractual and business associations and practices, employment histories and reputation in the business community. By submitting a Proposal to the City, the contractor consents to such an inquiry and agrees to make available to the City such books and records as the City deems necessary to conduct the inquiry. ETHICS IN PUBLIC CONTRACTING Each offeror, by submitting a Proposal, certifies that it is not a party to any collusive action or any action that may be in violation of the Sherman Antitrust Act by submitting a Proposal, the offeror certifies that it was made without fraud; that it has not offered or received any kickbacks or inducements from any other offeror in connection with this RFP. The offeror further certifies that no relationship exists between itself and the City or another person or organization that interferes with fair competition or constitutes a conflict of interest with respect to a contract with the City of El Segundo. For breach or violation of this warranty, the City shall have the right to terminate any contract, either in whole or in part. The rights and remedies of the City provided in this clause shall not be exclusive, and are in addition to any other rights and remedies provided by law or under the contract. VENUE Any contract resulting from this solicitation shall be governed by, and construed in accordance with, the laws of the State of California. Venue for any litigation arising out of the contract will be vested in Los Angeles County, California. PROPRIETARY INFORMATION The Proposals shall become the property of the City of El Segundo and are subject to public disclosure. Proposal prices and information submitted by contractors will not be made available to contractors prior to staff recommendation. Contractors are to indicate any restrictions on the use of data contained in their responses. Those parts of a Proposal which are defined by the contractor as business or trade secrets, as that term is defined in California Government Code, Section 6254.7, and are reasonably marked as "Trade Secrets ", "Confidential' or "Proprietary" shall only be disclosed to the public if such disclosure is required or permitted under the California Public Records Act or otherwise by law. Contractors who wish to have such information maintained confidentially shall be responsible for advancing all reasonable attorney's fees and costs associated with disputes that may arise respecting whether records are subject to disclosure. INCURRING COSTS The City of El Segundo is not liable for any costs incurred by contractors in responding to this Request for Proposals. RFP for Aquatic Master Plan DevebWent Services -#04-06 -drat@ - 06ZO 041.doc 4 81 BACKGROUND AND PROJECT DESCRIPTION RFP NO. 04 -06 AQUATIC MASTER PLAN DEVELOPMENT SERVICES FOR THE RECREATION & PARKS DEPARTMENT BACKGROUND OF EL SEGUNDO The City of El Segundo was incorporated in 1917. In Spanish, the name El Segundo means the "second ", for the second Chevron refinery located in the State of California. The El Segundo plant was established in the early part of the century. The town surrounding the refinery eventually developed with single - family homes to house the workers of the plant. El Segundo is considered part of the South Bay sub - region in the southwestern edge of the Los Angeles Coastal Basin. Downtown Los Angeles is about 20 freeway miles from El Segundo. The City is bounded to the north by Los Angeles International Airport (LAX) in the City of Los Angeles; to the south by the City of Manhattan Beach, to the west by the Pacific Ocean and City of Los Angeles, and to the east by the City of Hawthorne and the Del Aire area in the County of Los Angeles. The communities of Playa Del Rey and Westchester are located just north /northwest of the airport. The City has 5.46 square miles (3,494.4 acres), with a resident population of 16,033 according to the 2000 census. The daytime (employee) population is approximately 66,000. All of the residential population is west of Sepulveda Boulevard. The office /industrial /commercial area east of Sepulveda Boulevard houses the headquarters of Fortune 500 companies such as Mattel, Unocal, and Computer Sciences Corporation, as well as a range of businesses including aerospace and defense, computer related companies, and travel related companies. EL Segundo is also home to the Los Angeles Lakers, Kings and Sparks. SCOPE OF WORK FOR THE PROJECT Community Needs Assessment: Update demographic information and trends for the community, conduct a survey of a representative sample of El Segundo residents to determine current or future unmet needs. Conduct a Community Workshop involving residents. Citizen input is highly valued in El Segundo. The selected consultant should design these portions of the plan with maximum community participation as a key factor. A statically valid phone will be a key component, to make sure that a good cross section of the Community has input. The California Park and Recreation Society has created a document called the VIP plan, "Creating Community through People Parks and Programs' which identifies trends that should be reviewed for program ideas. Facilities Inventory: Create an inventory of existing Aquatic Facilities in the Community, including facilities that are currently available, in the planning stages, or under construction. This inventory should include both public and private facilities. • At least one meeting with the Recreation and Parks Commission, two meetings with the Aquatic Taskforce and a presentation to the City Council will be required. QUALIFICATIONS OF CONTRACTORS: In order to be deemed qualified for consideration in the award of contract outlined in this RFP, the contractor must: 1. Have a minimum of five (5) years of experience within the last ten (10) years in the Recreation and Parks or Aquatic master plan development field. 2. Meet the insurance and indemnification obligations set forth herein. 3. Demonstrate financial stability and submit the most recent financial statements. RFP for Aquatic Master Plan Development Services - #04 -06 - draft2 - 06J0-041.doc 5 82 BACKGROUND AND PROJECT DESCRIPTION RFP NO. 04 -06 AQUATIC MASTER PLAN DEVELOPMENT SERVICES FOR THE RECREATION & PARKS DEPARTMENT I. RFP /AGREEMENT SCHEDULE: Event Mail RFP Proposal submittal date Interviews/Presentations Reference Checks Negotiations Council Approval Contract begins Duration July 12, 2004 August 3, 2004, prior to 11:00 AM During Week of August 9, 2004 During the week of August 9, 2004 During the week of August 9, 2004 August 17, 2004 August 31, 2004 U. REQUEST FOR PROPOSALS CONTENT AND FORMAT REQUIREMENTS The following are minimum Proposal requirements. Respondents are requested to organize their Proposals into sections with tabs corresponding to the listed selection criteria as follows. You must provide the requested information in the same sequence as below. The completeness of the response to the RFP will be evaluated by a screening committee. Section A General Information 1. Firm name, address, phone, fax numbers and e-mail addresses. 2. A brief description of your firm's experience with Recreation and Parks or Aquatic master plan development. 3. Your firm's compensation requirements to develop the Aquatic Master Plan as specified in the RFP. 4. Proposed employees, titles, and responsibilities for the aquatic master plan development. 6. Your firms' vision for this aquatic master plan development, including capital improvement suggestions, cost saving ideas, and suggestions for improving the aquatic experience for current and future patrons. RFP for Aquatic Master Plan Development services -M04-06-dreft2-06J0-041.doe 6 8 3 RFP NO. 04 -06 AQUATIC MASTER PLAN DEVELOPMENT SERVICES FOR THE RECREATION & PARKS DEPARTMENT 1, the undersigned, have read and understand the attached specifications for Aquatic Master Plan Development Services for the Recreation & Parks Department, Consulting Services. Further, If awarded the contract, I agree to perform the work in accordance with the terms and conditions of the bid and enter into the City of El Segundo's Professional Services agreement as written. Bid Amounts: For Aquatic Master Plan Development Consulting services, as outlined in the specifications: 1. Cost for Telephone Survey and Trends Analysis.$ 2. Cost for two Aquatic Taskforce Meetings, one Recreation and Parks Commission Meeting, and one City Council Presentation. 3. Total cost for "ALL" services specified in this RFP. $ The undersigned agrees to furnish above service in accordance with Notice Inviting Bids, Specification and Bid Form, which are intended to be read and interpreted as a whole. RFP submitted by (complete all blanks): Company Name: By (Print name & title): Company Street Address: Signature: City, State, Zip: Date: Phone: FAX: Email: Web site: RFP for Aquatic Master Plan Deve4ment Services - #04-06 - drat@ - 06- 30 -041.doc 7 8 1 Firm name must appear here -a VENDOR QUESTIONNAIRE In submitting a proposal, each bidder shall also provide the following information: (Use additional sheets, if necessary.) Brochures and advertisements will not be accepted as a direct response to the questionnaire. A qualifying proposal must address all items. Incomplete proposals will be rejected. Organization: Describe your firm's qualifications to provide the service specified in this RFP. Be sure to include: founding date (month and year) and brief history of firm; facility /office location, current number of employees (full -time and part- time); special equipment acquired for the work; firm's vision and mission statements, and key services offered. References: List three or more clients for whom you have been providing professional Aquatic Master Plan Development services. List references that are current and similar in size and scope of work. For each of these references, include organization name, address, and the name and telephone number of the contact person. Quality Control Program: Describe your firm's established "proactive" Quality Control program that you will be providing to the City, to ensure a high level of performance is maintained on a consistent basis. Include any examples of forms currently being used and the particular functions /uses. Contract administrator: Indicate the name, title, telephone number, and years of experience of the individual who will be administering the contract, if awarded to your firm. Emergency information: List names and telephone numbers of persons that the City may need to contact in case of an emergency after hours, on weekends or holidays. Subcontracting: Is your firm planning to subcontract portions of the work? Yes _ No _. If yes, indicate the name of the subcontractor(s) and the portion of the work that will be subcontracted in each case. RFP for Aquatic Master Plan Development Services 404-06 - drat@ - 06- 30 -041.doc 8 85 Firm name must appear here -> VENDOR QUESTIONNAIRE (Continued) Employees: How many employees do you plan to hire or retain to provide the services specified in this RFP? Are they going to be permanent full -time or part-time employees? What percentage of your staff is currently employed full -time on a permanent basis? Employee benefits: What kind of employee benefits does your firm have to offer to employees? Are your part-time employees going to be paid on an hourly basis plus benefits? Employment practices: Include with your submittal a summary of your firm's employment policies and procedures, as well as any equal employment opportunity and affirmative action polices. In addition, include a summary of your firm's training and injury/illness prevention programs. Affiliations and accreditations: What are some of your firm's professional affiliations and accreditations? Business License: Include with your submittal a copy of your firm's current business license. (Be sure to include a copy of same for any subcontractor listed above.) Clarification. Exception or Deviation: Each bidder may clarify or describe any exception or deviation from the requirements as set forth herein. Each clarification, exception or deviation must be clearly identified and submitted with your Proposal response. If there is no clarification, exception or deviation indicated, it will be considered that none exists. RFP for Aquatic Master Plan Development Services -#04-06 - draft2 -06-30-041.doc 9 8 " EL SEGUNDO CITY COUNCIL MEETINGDATE: July 20, 2004 AGENDA ITEM STATEMENT AGENDA HEADING: New Business AGENDA DESCRIPTION: Consideration and possible action regarding Reclassification of Pool Manager to Recreation Coordinator (fiscal impact $6,500). RECOMMENDED COUNCIL ACTION: 1. Approve the reclassification of Pool Manager position to Recreation Coordinator 2. Approve the new class specification 3. Approve the proposed examination plan 4. Alternatively, discuss and take other action regarding this item BACKGROUND & DISCUSSION: The Pool Manager position has been vacant since November 2003. The position has been extensively advertised since April. The Human Resources Division has received only 5 applications since the position has been advertised. Additionally, the Human Resources Division staff has reviewed compensation provided similar positions in the current job market and agrees that our position is not competitive in the local job market. The aquatic program has been undergoing a major reorganization over the last year. The program had several problematic issues that management has been addressing over this last year. The City Council has appointed an Aquatic Taskforce to develop an Aquatic Master plan to serve as a guideline for what the aquatic needs are in El Segundo. The Taskforce will work with a consultant to present solutions and ideas, back to Council, to address those needs over the next five years. This position will be pivotal to the success of that Master plan. Staff is proposing that the position of Pool Manager be reclassified to Recreation Coordinator, an existing job classification represented by the City Employees Association. No new funding is required for this position; staff is redirecting existing part time hours to fund this position. ATTACHED SUPPORTING DOCUMENTS: 1. New class specification for Recreation Coordinator 2. Examination plan FISCAL IMPACT: Operating Budget: $90,200 Account Number: 001 - 400 - 5202 -4101 Amount Requested: $6,500 Project Phase: Apurooriation Reauired: Yes x No ORIGINATED: DATE: Stacia Mancini, Director of Recreation and Parks REVIEWED BY: -)_ (_ DATE: Mary Strenn, City=ag`er 87 City of El Segundo, CA Job Description Job Code: 811 RECREATION COORDINATOR Definition: Under limited supervision, plans, coordinates, and implements a variety of community recreation programs, community center activities, teen center activities, aquatic programs and facilities, and special events. Essential Functions: Essential functions, as defined under the Americans with Disabilities Act, may include the following duties and responsibilities, knowledge, skills and other characteristics. This list of duties and responsibilities is ILLUSTRATIVE ONLY, and is not a comprehensive listing of all functions and tasks performed by positions in this class. Characteristic Duties and Responsibilities: Plans and coordinates assigned recreation programs; promotes use of and membership in activity center; organizes special events, activities and programs for center participants teen center programs and facilities, and aquatic programs and facilities, provides tours and group presentations; oversee facility operation, coordinates and/or assists Recreation Supervisor with special events. Based on assignment additional duties may include oversight of facility maintenance. Promotes programs to the public; prepares media and cable releases, and program, special events and activities publications; represents and promotes the program through participation on committees, boards and community groups. Maintains statistical, attendance and program activity records, and prepares written and oral reports on assigned program. Assists with hiring, trains, schedules, assigns, reviews and evaluates work of staff and community volunteers. Knowledge, Skills and Other Characteristics: Knowledge of a variety of recreation and aquatic programs. Knowledge of basic principles of supervision including training and motivating people Knowledge of special certifications or licenses that may be required in some programs such as transportation or aquatics. Knowledge of policies and procedures related to recreation programs and facilities. PSPC 10/99 8`i Recreation Coordinator Knowledge of community outreach strategies. Skill marketing recreation programs. Skill communicating with community patrons. Skill researching new, updating current and developing new recreation programs. Skill preparing clear, concise and comprehensive reports. Skill presenting ideas and concepts orally and in writing. Skill maintaining accurate records. Skill utilizing public relations techniques responding to inquiries and complaints. Skill in establishing and maintaining effective working relationships with other department staff, other City employees and the public. Working Conditions: Regularly required to lift and/or carry up to 50 pounds. Based on assignment may be exposed to smells of pool chemicals. Exposure to environmental conditions presented at City pools and related facilities and locations. Based on assignment requires evenings and weekends. Licensing/Certification Requirements: A valid California driver's license. Based on assignment a Class B drivers license may be required. Based on assignment current certification in First Aid, CPR, Lifesaving, and Water Safety Instruction may be required. Minimum Qualifications: Two years of college -level coursework in recreation/leisure management or a related field, and two (2) years of experience in the implementation of recreation activities and programs, or an equivalent combination of education and experience. PSPC 2 10/99 89 EXAMINATION PLAN FOR RECREATION COORDINATOR OPEN - COMPETITIVE STRUCTURED TECHNICAL ORAL INTERVIEW WEIGHTED 100% 90 EL SEGUNDO CITY COUNCIL AGENDA ITEM STATEMENT AGENDA MEETING DATE: July 20, 2004 AGENDA HEADING: Mayor Pro Tern Gaines Consideration and possible action to appoint not more than two members of the Council to a Homeland Security Ad Hoc Subcommittee and a Golf Course Ad Hoc Subcommittee RECOMMENDED COUNCIL ACTION: 1) Institute a Homeland Security ad hoc Council subcommittee and a Golf Course ad hoc Council subcommittee; 2) Appoint two members of the City Council to serve on each subcommittee; 3) Approve a 180 day "sunset" for each subcommittee; 4) Alternatively, discuss and take other action related to this item. BACKGROUND & DISCUSSION: From time to time, the City Council appoints ad hoc subcommittees to address specific issues. At the last Council meeting, Council Member Gaines expressed an interest in forming a Homeland Security Subcommittee for purposes of reviewing security issues and a Golf Course Subcommittee for purposes of reviewing the City's options with respect to entering into a long term lease arrangement for management of The Lake's Golf Course. It is recommended that both subcommittees be ad hoc subcommittees that "sunset" in 180 days. ATTACHED SUPPORTING DOCUMENTS: ►G7T FISCAL IMPACT: None Operating Budget: Amount Requested: Account Number: Project Phase: Appropriation Required: _Yes _ No ORIGINATED: DATE: July 13, 2UU4 J n G. Gaines, Mavor Pro Tern y ,91 17 EL SEGUNDO CITY COUNCIL MEETING DATE: July 20, 2004 AGENDA ITEM STATEMENT AGENDA HEADING: Council Reports — Mayor McDowell AGENDA Consideration and possible action regarding a resolution appointing one delegate and one alternate to the South Bay Cities Council of Governments ( SBCCOG). RECOMMENDED COUNCIL ACTION: (1) Adopt resolution; (2) Alternatively, discuss and take other action related to this item. BACKGROUND & DISCUSSION: On May 4, 2004, the City Council considered appointments to serve on the various intergovernmental agencies, other local agencies and subcommittees. Mayor Pro Tem, John G. Gaines was appointed the Delegate to the South Bay Cities Council of Governments and the remaining Council Members were appointed as Alternates. In order to comply with the requirements of the SBCCOG Joint Powers Authority agreement and Bylaws, the appointments of one delegate and one alternate to the SBCCOG must be by resolution. ATTACHED SUPPORTING DOCUMENTS: Resolution. FISCAL IMPACT: Operating Budget: Amount Requested: Account Number: Project Phase: Appropriation Required Yes _ No _ ORIGINATED: DATE: 07/07/04 Julia O. Abreu, Executive Assistant REVIEWED BY: DATE: Mary Strenn, City Manager 92 • RESOLUTION NO. A RESOLUTION APPOINTING ONE DELEGATE AND ONE ALTERNATE TO THE SOUTH BAY CITIES COUNCIL OF GOVERNMENTS The City Council of the city of El Segundo resolves as follows: SECTION 1: The City Council finds and declares as follows: A. El Segundo is a member of the South Bay Cities Council of Governments ( SBCCOG). B. Pursuant to the SBCCOG By -laws and Joint Powers Agreement, the City Council may appoint an elected official to the SBCCOG Governing Board and alternate for the elected official. SECTION 2: Mayor Pro Tem John Gaines is appointed to serve on the SBCCOG Governing Board as the City's representative. SECTION 3: representative. is appointed as the City's alternate SECTION 4: The individuals appointed by this Resolution are authorized to represent the City while acting as SBCCOG representatives. Such authority includes the power to vote for the City on matters presented to the SBCCOG Governing Board. These representatives are directed to keep the City Council regularly informed regarding SBCCOG proceedings. SECTION 5: This Resolution will become effective immediately upon adoption. PASSED AND ADOPTED this 20th day of July, 2004. Kelly McDowell, Mayor 93 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I, Cindy Mortesen, City Clerk of the City of El Segundo, California, hereby certify that the whole number of members of the City Council of the City is five; that the foregoing Resolution No. was duly passed and adopted by said City Council, approved and signed by the Mayor of said City, and attested to by the City Clerk of said City, all at a regular meeting of said Council held on the 20`h day of July 2004, and the same was so passed and adopted by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: NOT PARTICIPATING: ATTEST: Cindy Mortesen, City Clerk ;y 94