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2005 APR 05 CC PACKETCITY COUNCIL AGENDA PACKET APRIL 5, 2005 Mayor Kelly McDowell Mayor Pro Tern John Gaines Council Member Jim Boulgandes Council Member Eric Busch Council Member Carl Jacobson Cindy Mortesen - City Clerk Ralph Lanphere - City Treasurer Cathy Domann (2) - Deputy City Clerk Mary Strenn - City Manager Jeff Stewart - Assistant City Manager Jessie LeMay (2) - Executive Assistant To City Manager Mishia Jennings - Administrative Specialist Mark D Hensley - City Attorney Karl Berger - Assistant City Attorney Julia Abreu - Executive Assistant Bret Plumlee - Administrative Services Director Richard Hogate - Risk Management/Purchasing James Hansen - Economic Development Director Kimberly Christensen - Planning Manager Seimone Jurps - Planning and Budding Safety Director Roger Groman - General Services Debra Brighton - Library Director Stacia Mancini - Recreation and Parks Director Jack Wayt - Police Chief Norm Angelo - Fire Chief Fire Station #2 Public Copy City Clerk Public Copy - Library Master Copy - Vault E S Herald Chamber of Commerce MAILING Jerry A Saunders El Segundo Unified School District Nicky Wislocky Jennifer Evans Andrea Sudano Adam Ruseling - Continental Development Corp - Superintendent - ESRA - Beach Reporter - Daily Breeze - Easy Reader 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 Managers 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 lenath 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, APRIL 5, 2005 - 5:00 P.M. Next Resolution # 4418 Next Ordinance # 1385 5:00 P.M. SESSION CALL TO ORDER ROLL CALL 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 SPECIAL ORDERS OF BUSINESS: Discussion and possible action regarding appointing Mayor Kelly McDowell and Council Member Carl Jacobson as labor negotiators with respect to City Manager appointee Jeff Stewart CLOSED SESSION: The City Council may move into a closed session pursuant to applicable law, including the Brown Act (Government Code Section §54960, et sue) for the purposes of conferring with the City's Real Property Negotiator, and /or confernng 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)) - 3 matters 1 City of El Segundo v City of Los Angeles, et al. LASC No BS094279 2 Re Variance Application of City of Los Angeles, Department of Airports for Los Angeles International Airports, Department of Transportation, State of California, Case No 20090060244 3 Bressi v City of El Segundo, LASC Nos BC288292 and 288293 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code §54956 9(b) -2- potential cases (no further public statement is required at this time), Initiation of litigation pursuant to Government Code §54956.9(c) -1- matter DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957) — 0 matter CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957 6) —1 matter Labor Negotiators Mayor Kelly McDowell and Council Member Carl Jacobson Unrepresented Employee- City Manager Appointee Jeff Stewart CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956 8) - 0 matter SPECIAL MATTERS - 0 matter 2 AGENDA EL SEGUNDO CITY COUNCIL COUNCIL CHAMBERS - 350 Main Street The City Council, with certain statutory exceptions, can only take action upon properly posted and listed agenda items Unless otherwise noted in the Agenda, the Public can only comment on City- related business that is within the jurisdiction of the City Council and/or items listed on the Agenda during the Public Communications portion of the Meeting 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 lenath 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, APRIL 5, 2005 - 7:00 P.M. 7:00 P.M. SESSION CALL TO ORDER INVOCATION — Pastor Roger Kinsey of Pacific Baptist Church PLEDGE OF ALLEGIANCE — Council Member Eric Busch Next Resolution # 4418 Next Ordinance # 1385 01 PRESENTATIONS - (a) Proclamation in recognition of the 15th anniversary of the Municipal Area Express ( "MAX "). ROLL CALL PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit per person, 30 minute limit total) Individuals who have received value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so identify themselves prior to addressing the City Council Failure to do so shall be a misdemeanor and punishable by a fine of $250 While all comments are welcome, the Brown Act does not allow Council to take action on any item not on the agenda The Council will respond to comments after Public Communications is closed A. PROCEDURAL MOTIONS Consideration of a motion to read all ordinances and resolutions on the Agenda by title Recommendation - Approval B. SPECIAL ORDERS OF BUSINESS C. UNFINISHED BUSINESS 1. Consideration and possible action regarding the award of a contract to Caltrop Corporation for providing Construction Management Services for the Douglas Street Gap Closure Project. (Estimated Cost: $1,765,475). Recommendation - (1) Award contract to Caltrop Corporation; (2) Authorize the City Manager to execute the contract approved as to form by the City Attorney; (3) Alternatively, discuss and take other action related to this Item 2. Consideration and possible action to establish a pre- construction appropriation for the Douglas Street Gap Closure Project. (Fiscal Impact: $750,000) Recommendation - (1) Staff is requesting City Council to approve an appropriation of $750,000 to cover the above estimated expenditures from October 1, 2004 up to the time of awarding the construction contract This will be funded by a $750,000 increase in estimated revenues; (2) Alternatively, discuss and take other action related to this item (.1 a D. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS E. CONSENT AGENDA All items listed are to be adopted by one motion without discussion and passed unanimously If a call for discussion of an item is made, the item(s) will be considered individually under the next heading of business 3. Warrant Numbers 2546354 to 2546679 on Register No. 12 in the total amount of $1,000,413.15 and Wire Transfers from 3/4/2005 through 3/24/2005 in the total amount of $1,748,606.08. Recommendation — Approve Warrant Demand Register and authorize staff to release. Ratify: Payroll and Employee Benefit checks, checks released early due to contracts or agreement; emergency disbursements and /or adjustments; and wire transfers. 4. City Council Meeting Minutes of March 15, 2005 and Special City Council Meeting Minutes of March 25, 2005. Recommendation — Approval 5. Consideration and possible action regarding adoption of an ordinance amending Title 1, Chapter 9 — "Campaign Contributions and Disclosure ", of the El Segundo Recommendation — (1) Adopt Ordinance amending Title 1, Chapter 9 of the ESMC; (2) Alternatively, discuss and take other action related to this item. 6. Consideration and possible action regarding annual approval of funding prior year Continuing Appropriations and open Purchase Orders; transfer final FY 2003 -2004 General Fund Operating savings of $64,250 (estimated) to the Economic Uncertainty Fund; designate final FY 2003 -2004 CIP savings of $2,147,050 into the CIP fund; appropriate $550,000 toward LAX Master Plan Intervention Fund from the FY 2003 -2004 CIP savings. Recommendation - (1) Approve funding FY 2003 -2004 continuing appropriations and open purchase orders in the FY 2004 -2005 Budget; (2) Transfer final FY 2003 -2004 General Fund - operating savings of $64,250 (estimated) into the Economic Uncertainty Fund for use in balancing the FY 2005 -2006 General Fund operating budget, as needed; (3) Designate $2,147,050 of FY 2003 -2004 CIP savings in the Capital Improvement Fund; (4) Appropriate $550,000 toward LAX Master Plan Intervention Fund from the FY 2003 -2004 CIP savings, (4) Alternatively, discuss and take other action related to this item. i0 . a 7. Consideration and possible action to award contract extensions as provided for in the existing contracts to The Jones Payne Group for design and testing services and to Wyle Laboratories, Inc. for construction monitoring and oversight services related to the Residential Sound Insulation (RSI) Program. Recommendation — (1) Award a contract extension to The Jones Payne Group for Design and Testing Services; (2) Award a contract extension to Wyle Laboratories, Inc. for Construction Monitoring and Oversight Services; (3) Authorize the City Manager to execute the contract extensions, (4) Alternatively, discuss and take other action related to this item 8. Consideration and possible action regarding adoption of an Ordinance for a Development Agreement for a new private high school ( "Vistamar School ") to occupy an existing 75,640 square -foot building at 737 Hawaii Street in the Light Industrial (M -1) Zone. Recommendation — (1) Second reading by title only, and adoption of Ordinance No. 1383 for Development Agreement No. 04 -1; (2) Alternatively, discuss and take other action related to this item 9. Consideration and possible action regarding authorization for the City of El Segundo to continue participating in the Los Angeles Urban County Community Development Block Grant (CDBG) Program for the next three year cycle for the federal Fiscal Years 2006 -2008 (July 1, 2006 through June 30, 2009). (Fiscal Recommendation — (1) Adopt Resolution authorizing continued participation in the Los Angeles Urban County Community Development Block Grant (CDBG) Program, for the next three years effective July 1, 2006 through June 30, 2009; (2) Authorize the City Manager to enter into a Cooperation Agreement between the City of El Segundo and the County of Los Angeles Community Development Commission approved as to form by the City Attorney, (3) Alternatively, discuss and take other action related to this item 10. Consideration and possible action regarding adopting a Resolution to preserve the Community Development Block Grant (CDBG) Program within the Department of Housing and Urban Development and provide Fiscal Year 2006/2007 funding. (Fiscal Impact: None) Recommendation — (1) Adopt Resolution requesting Congress to preserve the Community Development Block Grant (CDBG) Program within the Department of Housing and Urban Development and provide Fiscal Year 2006/2007 funding; (2) Alternatively, discuss and take other action related to this item. 6 i� i 11. Consideration and possible action regarding a proposal by the Planning and Building Safety Department (PBS) to revise an existing class specification for the position of Senior Planner. Recommendation — (1) Approve the Senior Planner class specification, (2) Alternatively, discuss and take other action related to this item 12. Consideration and possible action regarding award of contract to John T. Malloy, Inc. for Replacement of Water Lines 2003 -2004, located at 600 -1000 block of East Mariposa Avenue; 600 -1000 block of East Maple Avenue; 600 -700 block of Maryland Street and 600 -700 block of Bungalow Drive - Approved Capital Imnrnvamnnt Pmnrnm - Pmiact Nn_ M -04 -nR lCnntrant amnunt S4aA n21.5n1_ Recommendation — (1) Award contract to the lowest responsible bidder, John T. Malloy, Inc in the amount of $496,021.50, (2) Authorize the City Manager to execute the Construction Contract on behalf of the city, (3) Alternatively, discuss and take other action related to this item 13. Consideration and possible action regarding the award of contract to Y &M Construction for the 2004 -2005 Annual Contract for City-wide Curb, Curb and Gutter, Handicap Access Ramps and Sidewalk Improvements and Other Minor Improvements — Project No. PW 04 -11 (Fiscal Impact: $130,000). Recommendation — (1) Award contract to the lowest responsible bidder, Y &M Construction, in the amount of $130,000; (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 14. Consideration and possible action regarding awarding contracts to Cal -Air, Inc. for the Clubhouse (located at 300 E. Pine Avenue) HVAC Refurbishment — Project No. PW 05-04 (Fiscal Impact: $25,000) and to Best Roofing and Waterproofing, Inc. for the Clubhouse Roof Refurbishment and Maintenance Project — Project No. PW 05-05 (Fiscal Impact: $16,921) Recommendation — (1) Award contracts to the lowest, responsible bidders. Cal -Air, Inc. for the Clubhouse HVAC Refurbishment in the amount of $25,000 and Best Roofing and Waterproofing, Inc. for the Clubhouse Roof Refurbishment and Maintenance Project in the amount of $16,921, (2) Authorize the City Manager to execute the contracts on behalf of the City; (3) Alternatively, discuss and take other action related to this item 7 () 7 15. Consideration and possible action regarding approval of a Resolution of the City Council authorizing the submittal of Fiscal Year 2005/2006 application to the California Department of Conservation's Division of Recycling for a grant authorized under the California Beverage Container Recycling and Litter Reduction Act. (Fiscal Impact: $5,000 in grant fund revenue). Recommendation — (1) Adoption of Resolution; (3) Alternatively, discuss and take other action related to this item. 16. Consideration and possible action regarding approval of a piggyback purchase on the City of Long Beach Bid #PA -00504 with prices set forth in Contract Agreement #28678 for the purchase of Self Contained Breathing Apparatus (SCBA) Air Bottles utilizing United States Fire Administration (USFA)/Federal Emergency Management Agency (FEMA) grant funds and current Equipment Replacement Recommendation — (1) Approve purchase of 40 Carbon Fiber breathing air bottles, 45 minute capacity, for the recently upgraded CBRN Certified SCBA units, utilizing a portion of the remaining funds from the USFA/FEMA Assistance to Firefighters 2004 Grant monies ($5,000) and $26,050 from the existing replacement for air bottles; (2) Pursuant to El Segundo Municipal Code Sec. 1 -7 -10 waive the formal bidding process based upon a piggyback purchase on the City of Long Beach Bid #PA -00504 with prices set forth in Contract Agreement #28678, (3) Alternatively, discuss and take other action related to this item CALL ITEMS FROM CONSENT AGENDA F. NEW BUSINESS 17. Consideration and possible adoption of a Resolution expanding the time periods for parking on Grand Avenue between Illinois Street to Eucalyptus Drive. Recommendation — (1) Adopt a Resolution amending Resolution 4162; (2) Alternatively, discuss and take other action related to this item 18. Consideration and possible action regarding the acceptance and completion of an application for $289,300 Federal Appropriation Act Grant of 2004, for the completion of the city sanitation sewer repair projects. Recommendation — (1) Accept the Federal Appropriation Act Grant in the amount of $289,300, appropriate $236,700 from CIP savings 2003/2004 and authorize staff to complete the necessary applications for the Grant Fund, (2) Authorize the City Manager to execute the application on behalf of the City, (3) Alternatively, discuss and take other action related to this item (),&, G. REPORTS — CITY MANAGER 19. Announcement of Annual Spring Clean -up Week on April 18 — 22, 2005. H. REPORTS — CITY ATTORNEY — NONE I. 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 Tem Gaines — Mayor McDowell — 20. Consideration and possible action regarding the appointment of a task force to oversee both the Business Recruitment Campaign and the Sepulveda Boulevard Light Pole Banner projects by Shannon David Design. (Fiscal Impact: None) Recommendation — (1) Approve the appointment of a task force to be comprised of two City Council members and two members of the Economic Development Advisory Committee (EDAC) to oversee the Business Recruitment Campaign and the Sepulveda Boulevard Light Pole Banner protects by Shannon David Design; (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 — 0 �0 CLOSED SESSION The City Council may move into a closed session pursuant to applicable law, including the Brown Act (Government Code Section §54960, et sue) for the purposes of conferring with the City's Real Property Negotiator, and /or conferring with the City Attorney on potential and/or existing litigation, and/or discussing matters covered under Government Code Section §54957 (Personnel), and /or conferring with the City's Labor Negotiators REPORT OF ACTION TAKEN IN CLOSED SESSION (If required) ADJOURNMENT POSTED DATE r3 L�' TIME Pd NAMEr 10 10 roc[amation CAP of el segunbol cdifornin WHEREAS, MAX, the Municipal Axes Express, is a commuter bus service specifically designed to address the commuting needs of South. Bay residents who work in the El Segundo employment center WHEREAS, MAX began on April 18, 1990 as a result of several cities seeking independently to replace the then existing commuter services after they were discontinued. WHEREAS, MAX is a cooperative program sponsored by the cities of E1 Segundo, Lawndale, Lomita, Los Angeles, Rancho Palos Verdes, Torrance and Los Angeles County The program is administered by Torrance as lead agency, which acts as the legal entity for contracting and acquiring goods and services It is funded in cooperation with the Los Angeles County Metropolitan Transportation Authority (MTA) WHEREAS, Since the inception of the program, MAX has proven to be a valuable addition to transit services in the South Bay, and an attractive commuting alternative MAX has received awards for excellence from the Southern California Association of Governments, Commuter Transportation Services and the California Transportation Foundation. NOW, THEREFORE, the Mayor and Members of the City Council of the City of El Segundo, California, proclaim April 18, 2005 as the MAX 15th Anniversary Day in El Segundo, and hereby recognize the officers and members of MAX for the contributions made by this program to the economic well -being of the South Bay R EL SEGUNDO CITY COUNCIL MEETING DATE April 5, 2005 AGENDA ITEM STATEMENT AGENDA HEADING' Unfinished Business AGENDA DESCRIPTION' Consideration and possible action regarding the award of a contract to Caltrop Corporation for providing Construction Management Services for the Douglas Street Gap Closure Protect (Estimated cost = $1,765,475) RECOMMENDED COUNCIL ACTION. Recommendation — (1) Award contract to Caltrop Corporation, (2) Authorize the City Manager to execute the contract approved as to form by the City Attorney, (3) Alternatively, discuss and take other action related to this item BACKGROUND & DISCUSSION' In August 2003, the City Council authorized staff to solicit proposals from qualified consultants to provide Construction Management Services for the Douglas Street Protect Eight proposals were received in response to the request for proposals Staff went through an extensive selection process including interviews with the top 4 ranked consultants The final ranking by the interview committee (staff from the cities of El Segundo and Manhattan Beach and the Metropolitan Transit Authority) is as follows (Background and discussion continued on the next page ATTACHED SUPPORTING DOCUMENTS (1) Draft Agreement (2) Location Map FISCAL IMPACT Capital Improvement Program Amount Requested. Account Number Project Phase Appropriation Required $63,989 301 - 400 - 8203 -8949 Construction Management Services No ORIGINATED BY DATE' Q.(iraa. —R. Seimone Jurps, D ector of Planning and Building Safety/ Acting City Engineer REVIEWED BY: DATE j W40enn, City Manager /0 Final 040505 Staff Report Caltrop — Douglas Protect 3 -29 -05 q 1 .. BACKGROUND & DISCUSSION: (continued) 1 Caltrop Corporation 2 LAN Corporation 3 Berg and Associates 4 Patterson and Associates Staff held further discussions with the first ranked consultant Caltrop Corporation and negotiated an agreement The cost of providing construction engineering services for the estimated 18 month construction period including a registered on -site resident engineer, field and office inspection support, construction survey, and material testing is $1,765,475 The Caltrop cost represents approximately 11% of the estimated construction costs and is within the acceptable range of providing professional construction engineering services Caltrop also has considerable experience in managing similar large and complex construction projects Involving federal grant funding The Caltrop Corporation Contract amount Is $1,765,475 However, staff requests a preconstruction support expenditure authorization of $63,989, which will be appropriated through the Douglas Street Gap Closure Project pre - construction appropriation staff report The balance of the amount will be authorized at the award of the Construction Contract at the June City Council meeting Final 040505 Staff Report Caltrop — Douglas Project 3 -29 -05 Agreement No AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES BETWEEN THE CITY OF EL SEGUNDO AND CALTROP Corporation FOR Construction Management Services Phis AGREEMENT is entered into this day of , 2005, by and between the CITY OF EL SEGUNDO, a general law city and municipal corporation ( "CITY ") and CALTROP Corporation ( "CONSULTANT ") 1 CONSIDERATION A As partial consideration, CONSULTANT agrees to perform the work listed in the SCOPE OF SERVICES, below, B As additional consideration, CONSULTANT and CITY agree to abide by the terms and conditions contained in this Agreement; C As additional consideration, CITY agrees to pay CONSULTANT a sum not to exceed One Million, Seven Hundred Sixty Five Thousand, Four Hundred Seventy Five dollars ($1,765,475 00) for CONSULTANT's services CITY may modify this amount as set forth below. Unless otherwise specified by written amendment to this Agreement, CITY will pay this sum as specified in the attached Exhibit "A," which is incorporated by reference D The method of payment for the following items will be based on actual cost plus a fixed fee, subject to the conditions and limitations described in this Exhibit Reimbursement for allowable labor costs incurred by the Consultant in performance of the work, exclusive of any fixed fee, is subject to the following conditions and limitations 1 If salary increases are included in the cost proposal, the salary increase will be reimbursable if the new salary is within the salary range identified in the final Cost Proposal and is approved by the State Contract Manager 2 For personnel subject to prevailing wage rates as described in the California Labor Code, all salary increases which are the direct result of changes in the prevailing wage rates are reimbursable. E The salary reimbursement limitations stated in Item D remain in effect for the term of the contract unless changed by contract amendment F The method of payment for this contract, excepting those items listed above, will be based on reimbursement of actual costs plus a fixed fee The State will reimburse the Consultant for actual costs including labor costs, employee benefits, Page 1 of 14 1 ; travel, equipment rental, overhead, and other estimated costs set forth in the Consultant's cost proposal, unless additional reimbursement is provided for by contract amendment In no event will the Consultant be reimbursed for indirect costs at a rate that exceeds the State approved indirect rate set forth in the cost proposal In the event that Caltrans determines that additional work beyond that specified in the cost proposal and contract is required to produce a satisfactory product, the direct costs reimbursable by the State may be increased by contract amendment to accommodate that additional work The maximum total cost shall not be exceeded unless authorized by contract amendment G In addition to the allowable incurred costs, the State will pay the Consultant a fixed fee of 10% The fixed fee is nonadjustable for the term of the contract except in the event of a significant change in the Scope of Work and such adjustment is made by contract amendment, or in the event of termination prior to the agreed termination date, for which an adjustment will be determined by the Contract Manager in accordance with 48 Code of Federal Regulations, Chapter 1, Section 49 305 -1 H Reimbursement for transportation and subsistence costs shall not exceed the rates to be paid nonrepresented/excluded State employees under current State Department of Personnel Administration rules detailed in Caltrans Travel & Expense Guide. I. Any subconsultant contracts in excess of $25,000 entered into as a result of this contract shall contain all of the provisions of this Exhibit. The Consultant agrees that the Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31 et seq , shall be used to determine the allowabrlrty of individual items of cost K. The Consultant also agrees to comply with Federal procedures in accordance with 49 CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments L Any costs for which payment has been made to the Consultant that are determined by subsequent audit to be unallowable under 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31 et seq or 49 CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments, are subject to repayment by the Consultant to the State 2 SCOPE OF SERVICES A CONSULTANT will perform services listed in the attached Exhibit `B," which is incorporated herein Page 2 of 14 1 r. B CONSULTANT will, in a professional manner, furnish all of the labor, technical, administrative, professional and other personnel, inspection equipment, vehicles, transportation, and calculations, and all other means whatsoever, except as herein otherwise expressly specified to be furnished by CITY or Contractor, necessary or proper to perform and complete the work and provide the professional services required of CONSULTANT by this Agreement C CONSULTANT will, in a professional manner, administer and document construction activities in accordance with Federal, State, and MIA practices and guidelines necessary or proper to preserve the City of El Segundo' funding reimbursements as stipulated in each respective cooperative agreement related to the aforementioned project D CONSULTANT will, in a professional manner, administer and document construction activities in accordance with Chapters 15 "Advertise and Award Project ", 16 "Administer Construction Contracts, and 17 "Project Completion" of the Caltrans Local Assistance Procedures Manual, implementing all management practices and guidelines necessary or proper to preserve the City of El Segundo' funding reimbursement requirements related to the aforementioned project While performing this Agreement, CONSULTANT will use the appropriate generally accepted professional standards of practice existing at the time of performance utilized by persons engaged in providing similar services CITY will continuously monitor CONSULTANT's services CITY will notify CONSULTANT of any deficiencies and CONSULTANT will have fifteen (15) days after such notification to cure any shortcomings to CITY's satisfaction Costs associated with curing the deficiencies will be borne by CONSULTANT 4 DISPUTES AND REMEDIES A Claims, disputes, and other matters in question between the Parties arising out of or relating to this Agreement or the breach thereof, must be resolved by the following procedure. 1 City and Consultant will exercise their best efforts to resolve disputes through the development of a consensus A meeting may be requested by City or Consultant at any time for the purpose of resolving a dispute A determination by City's Public Works Director will be made within two (2) weeks after a meeting to resolve the dispute, u If unresolved within thirty (30) days, then City's city manager, or designee, will make a final determination, Page 3 of 14 t, ni Following the city manager's final determination, the Parties may submit any unresolved matters to non - binding mediation The parties may, but are not required to be, represented by counsel in mediation ry If the Parties do not agree to mediation, or if mediation does not resolve the Parties' dispute, the matter may be pursued in Los Angeles County Superior Court B The Parties' rights and remedies under this Agreement are in addition to any other rights and remedies provided by law 5 PAYMENTS For CITY to pay CONSULTANT as specified by this Agreement, CONSULTANT must submit a detailed invoice to CITY which lists the hours worked and hourly rates for each personnel category and reimbursable costs (all as set forth in Exhibit "A ") the tasks performed, the percentage of the task completed during the billing period, the cumulative percentage completed for each task, the total cost of that work during the preceding billing month and a cumulative cash flow curve showing projected and actual expenditures versus time to date 6 ADDITIONAL WORK A CITY's city engineer ( "Engineer ") may determine, at the Engineer's sole discretion, that CONSULTANT must perform additional work ( "Additional Work ") to complete the Scope of Work If Additional Work is needed, the Director, with the City Manager's written approval, will give written authorization to CONSULTANT to perform such Additional Work. B If CONSULTANT believes Additional Work is needed to complete the Scope of Work, CONSULTANT will provide the Director with written notification that contains a specific description of the proposed Additional Work, reasons for such Additional Work, and a detailed proposal regarding cost. C Payments over $10,000 00 for Additional Work must be approved by the City Council. All Additional Work will be subject to all other terms and provisions of this Agreement 7 FAMILIARITY WITH WORK A By executing this Agreement, CONSULTANT agrees that, to the best of CONSULTANT's knowledge and belief, CONSULTANT has Page 4 of 14 is Carefully investigated and considered the scope of services to be performed, u Carefully considered how the services should be performed, and ni Understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement B If services involve work upon any site, CONSULTANT agrees that CONSULTANT has or will investigate the site and is or will be fully acquainted with the conditions there existing, before commencing the services hereunder Should CONSULTANT discover any latent or unknown conditions that may materially affect the performance of the services, CONSULTANT will immediately inform CITY of such fact and will not proceed except at CONSULTANT's own risk until written instructions are received from CITY 8. TERM The term of this Agreement will be between June 2004 & June 2006 or less then 400 working days as specified in the construction contract with an additional 20 days for pre construction and post construction for a total of 420 working days or less Unless otherwise determined by written amendment between the parties, this Agreement will terminate in the following instances A Completion of the work specified in Exhibit `B" B. Termination as stated in Section 16 of this agreement 9. TIME FOR PERFORMANCE CONSULTANT will not perform any work under this Agreement until. A CONSULTANT furnishes proof of insurance as required under Section 24 of this Agreement, and B CITY gives CONSULTANT a written, signed, and numbered purchase order in addition to a written Notice to Proceed This Agreement will supersede any conflicting provisions included on the purchase order or notice to proceed issued pursuant to this Agreement. C Should CONSULTANT begin work on any phase in advance of receiving written authorization to proceed, any such professional services are at CONSULTANT's own risk Page 5 of 14 W 10 TIME EXTENSIONS Should CONSULTANT be delayed by causes beyond CONSULTANT's control, CITY may grant a time extension for the completion of the contracted services If delay occurs, CONSULTANT must notify the City Engineer within forty-eight hours (48 hours), in writing, of the cause and the extent of the delay and how such delay interferes with the Agreement's schedule The City Engineer will extend the completion time, when appropriate, for the completion of the contracted services 11 CHANGES CITY may order changes in the services within the general scope of this Agreement, consisting of additions, deletions, or other revisions, and the contract sum and the contract time will be adjusted accordingly All such changes must be authorized in writing, executed by CONSULTANT and CITY The cost or credit to CITY resulting from changes in the services will be determined in accordance with written agreement between the parties. 12 TAXPAYER IDENTIFICATION NUMBER CONSULTANT will provide CITY with a Taxpayer Identification Number 13. PERMITS AND LICENSES CONSULTANT, at its sole expense, will obtain and maintain during the term of this Agreement, all necessary permits, licenses, and certificates that may be required in connection with the performance of services under this Agreement 14 PROJECT COORDINATION AND SUPERVISION A CONSULTANT's professional services will be actually performed by, or immediately supervised by, a professional (or professionals) licensed to practice Construction Management Services in the State of California B Sean Rouhant will be assigned as CONSULTANT'S Project Manager and will be responsible for job performance, negotiations, contractual matters, and r coordination with the CITY'S Project Manager C Should the Project Manager or Project Engineer be unable to complete his/her respective responsibilities on any specific project assignment as set forth herein, for any reason, he /she will be replaced by another qualified person approved by the City Engineer , Page 6 of 14 w 15 WAIVER CITY's review or acceptance of, or payment for, work product prepared by CONSULTANT under this Agreement will not be construed to operate as a waiver of any rights CITY may have under this Agreement or of any cause of action arising from CONSULTANT's performance A waiver by CITY of any breach of any term, covenant, or condition contained in this Agreement will not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained in this Agreement, whether of the same or different character 16 TERMINATION A Except as otherwise provided, CITY may terminate this Agreement at any time with or without cause B CONSULTANT may terminate this Agreement at any time with CITY's mutual consent. Notice will be in writing at least thirty (30) days before the effective termination date C Upon receiving a termination notice, CONSULTANT will immediately cease performance under this Agreement unless otherwise provided in the termination notice. Except as otherwise provided in the termination notice, any additional work performed by CONSULTANT after receiving a termination notice will be performed at CONSULTANT" own cost, CITY will not be obligated to compensate CONSULTANT for such work D Should termination occur, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports and other materials prepared by CONSULTANT will, at CITY's option, become CITY's property, and CONSULTANT will receive just and equitable compensation for any work satisfactorily completed up to the effective date of notice of termination, not to exceed the total costs under Section I(C). E. Should the Agreement be terminated pursuant to this Section, CITY may procure on its own terms services similar to those terminated 17 NOTICE OF BREACH AND OPPORTUNITY TO CURE Neither parry will be deemed to be in breach of this Agreement based on a breach that is capable of being cured until it has received written notice of the breach from the other party The party charged with breach will have fifteen (15) days from the date of receivmy such Page 7 of 14 notice in which to cure the breach or otherwise respond If the circumstances leading to the charge that the Agreement was breached have not been cured or explained to the satisfaction of the other party within fifteen (15) days from the date on which the party received notice of breach, the non - breaching party may terminate this Agreement 18 OWNERSHIP OF DOCUMENTS All documents, data, studies, drawings, maps, models, photographs and reports prepared by CONSULTANT under this Agreement are CITY's property CONSULTANT may retain copies of said documents and materials as desired, but will deliver all original materials to CITY upon CITY's written notice CITY agrees that use of CONSULTANT's completed work product, for purposes other than identified in this Agreement, or use of incomplete work product, is at CITY's own risk CITY will indemnify and hold CONSULTANT harmless for any use of the work product other than as contemplated by this Agreement 19. PUBLICATION OF DOCUMENTS Except as necessary for performance of service under this Agreement, no copies, sketches, or graphs of materials, including graphic art work, prepared pursuant to this Agreement, will be released by CONSULTANT to any other person or City without CITY's prior written approval All press releases, including graphic display information to be published in newspapers or magazines, will be approved and distributed solely by CITY, unless otherwise provided by written agreement between the parties. 20. INDEMNIFICATION A. CONSULTANT agrees to the following Indemnification for Professional Services CONSULTANT will save harmless and indemnify and at CITY's request reimburse defense costs for CITY and all its officers, employees and representatives from and against any and all suits, actions, or claims, of any character whatever, brought for, or on account of, any injuries or damages sustained by any person or property resulting or arising from any negligent or wrongful act, error or omission by CONSULTANT or any of CONSULTANT's officers, agents, employees, or representatives, in the performance of this Agreement t u Indemnification for other Damages. CONSULTANT indemnifies and holds CITY harmless from and against any claim, action, damages, costs (including, without limitation, attorney's fees), injuries, or liability, arising out of this Agreement, or its performance Should CITY be named in any suit, or should any claim be brought against it by suit or otherwise, whether the same be groundless or not, arising out of this Agreement, or Page 8 of 14 21 its performance, CONSULTANT will defend CITY (at CITY's request and with counsel satisfactory to CITY) and will indemnify CITY for any judgment rendered against it or any sums paid out in settlement or otherwise B For purposes of this section "CITY" includes CITY's officers, officials, employees, agents, and representatives It is expressly understood and agreed that the foregoing provisions will survive termination of this Agreement D The requirements as to the types and limits of insurance coverage to be maintained by CONSULTANT as required by Section 24, and any approval of said insurance by CITY, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by CONSULTANT pursuant to this Agreement, including, without limitation, to the provisions concerning indemnification 21 ASSIGNABILITY This Agreement is for CONSULTANT's professional services CONSULTANT's attempts to assign the benefits or burdens of this Agreement without CITY's written approval are prohibited and will be null and void 22 INDEPENDENT CONTRACTOR CITY and CONSULTANT agree that CONSULTANT will act as an independent contractor and will have control of all work and the manner in which is it performed CONSULTANT will be free to contract for similar service to be performed for other employers while under contract with CITY. CONSULTANT 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 CONSULTANT as to the details of doing the work or to exercise a measure of control over the work means that CONSULTANT will follow the direction of the CITY as to end results of the work only 23. AUDIT OF RECORDS CONSULTANT will maintain full and accurate records with respect to all services and matters covered under this Agreement CITY will have free access at all reasonable times to such records, and the right to examine and audit the same and to make transcript therefrom, and to inspect all program data, documents, proceedings and activities CONSULTANT will Page 9 of 14 retain such financial and program service records for at least four (4) years after termination or final payment under this Agreement A The State, the State Auditor, FHWA, or any duly authorized representative of the Federal government having jurisdiction under Federal laws or regulations (including the basis of Federal funding in whole or in part) shall have access to any books, records, and documents of the Consultant that are pertinent to the contract for audits, examinations, excerpts, and transactions, and copies thereof shall be furnished if requested 24 INSURANCE A Before commencing performance under this Agreement, and at all other times this Agreement is effective, CONSULTANT will procure and maintain the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below Type of Insurance Commercial general liability Professional Liability Business automobile liability Workers compensation Limits (combined single) $1,000,000 $1,000,000 $1,000,000 $1,000,000 B Commercial general liability insurance will meet or exceed the requirements of ISO -CGL Form No. CG 00 01 1185 or 88. The amount of insurance set forth above will be a combined single limit per occurrence for bodily injury, personal injury, and property damage for the policy coverage. Liability policies will be endorsed to name CITY, its officials, and employees as "additional insureds" under said insurance coverage and to state that F'uch insurance will be deemed "primary" such that any other insurance that may be carried by CITY will be excess thereto Such insurance will be on an "occurrence," not a "claims made," basis and will not be cancelable or subject to reduction except upon thirty (30) days prior written notice to CITY C Automobile coverage will be written on ISO Business Auto Coverage Form CA 00 0106 92, including symbol 1 (Any Auto) D. Professional liability coverage will be on an `occurrence basis" if such coverage is available, or on a "claims made" basis if not available When coverage is provided on a "claims made basis," CONSULTANT will continue to renew the insurance for a period of three (3) years after this Agreement expires or is , , Page 10 of 14 rn terminated Such insurance will have the same coverage and limits as the policy that was in effect during the term of this Agreement, and will cover CONSULTANT for all claims made by CITY arising out of any errors or omissions of CONSULTANT, or its officers, employees or agents during the time this Agreement was in effect E CONSULTANT will furnish to CITY duly authenticated Certificates of Insurance evidencing maintenance of the insurance required under this Agreement and such other evidence of insurance or copies of policies as may be reasonably required by CITY from time to time Insurance must be placed with insurers with a current A M Best Company Rating equivalent to at least a Rating of "A VII " F Should CONSULTANT, for any reason, fail to obtain and maintain the insurance required by this Agreement, CITY may obtain such coverage at CONSULTANT's expense and deduct the cost of such insurance from payments due to CONSULTANT under this Agreement or terminate pursuant to Section 16 of this agreement. 25 USE OF CONSULTANT CONSULTANT must obtain CITY's prior written approval to use any consultants while performing any portion of this Agreement. Such approval must approve of the proposed consultant and the terms of compensation The consultants listed in Exhibit `B" are hereby approved 26. INCIDENTAL TASKS CONSULTANT will meet with CITY monthly to provide the status on the project, which will include a schedule update and a short narrative description of progress during the past month for each major task, a description of the work remaining and a description of the work to be done before the next schedule update. 27 NOTICES All communications to either party by the other party will be deemed made when received by such party at its respective name and address as follows CITY Maryam M Jonas City of El Segundo 350 Main Street El Segundo, CA 90245 Fax (310) 640 -0489 Page 11 of 14 CONSULTANT Michael Tahan, Vice President CALTROP Corporation 1037 West Ninth Street Upland, CA 91786 Fax (909) 931 -0061 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 maybe 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 28 CONFLICT OF INTEREST CONSULTANT will comply with all conflict of interest laws and regulations including, without limitation, CITY's conflict of interest regulations 29. SOLICITATION CONSULTANT maintains and warrants that it has not employed nor retained any company or person, other than CONSULTANT's bona fide employee, to solicit or secure this Agreement Further, CONSULTANT warrants that it has not paid nor has it agreed to pay any company or person, other than CONSULTANT's bona fide employee, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Should CONSULTANT breach or violate this warranty, CITY may rescind this Agreement without liability 30. 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 31 ENTIRE AGREEMENT This Agreement, and its Attachments, sets for the entire understanding of the parties There are no other understandings, terms or other agreements expressed or implied, oral or written There are 2 Attachments; Exibit "A" and `B" to this Agreement This Agreement will bind and inure to the benefit of the parties to this Agreement and any subsequent successors and assigns. 32 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 12 of 14 J 33 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 34 AUTHORITY/MODIFICATION The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Agreement and to engage in the actions described herein This Agreement may be modified by written amendment. CITY's city manager, or designee, may execute any such amendment on behalf of CITY 35 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 36 TIME IS OF ESSENCE Time is of the essence for each and every provision of this Agreement 37 STATEMENT OF EXPERIENCE By executing this Agreement, CONSULTANT represents that it has demonstrated trustworthiness and possesses the quality, fitness and caparrty to perform the Agreement in a manner satisfactory to CITY CONSULTANT represents that its financial resources, surety and insurance experience, service experience, completion ability, personnel, current workload, experience in dealing with private consultants, and experience in dealing with public agencies all suggest that CONSULTANT is capable of performing the proposed contract and has a demonstrated capacity to deal fairly and effectively with and to satisfy a public agency Page 13 of 14 26 IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first heremabove written CITY OF EL SEGUNDO, a municipal corporation Mary Strenn, City Manager ATTEST Cindy Mortesen, City Clerk APPROVED AS TO FORM MARK D HENSLEY, CITY ATTORNEY L Karl H. Berger, Assistant City Attorney CALTROP Corporation David Saber, PE Vice President Linda Marquez, Corporate Secretary TaxpayerID No 95- 44559048 Page 14 of 14 a 00 r � w O O1m o` N � o w u W � y. C7 n U y N a a N 1O N U ry 9 09 o = ow a m W U� W t ry nm _ o` U u Z c E VM u c y LL C O w o J U U U mmom u °mmrvryi'n' � °non m m e a M ^ n 0 U - N N N N M w N N N w N w N N w N N N w w N N m n m i e n - A S + L_ p) n ' NN , NwwN Nif � Nw p wNN N ` a i4 - IL �atS000,i; � r iis00004Z 0000m'_4.�., 0000` r3yk 1 �`$s `',, iA Al X j`§: o e } ° , A° I IS S r`, � eQ � e� hii , 4 +0 0 0 om y 5-10 ;W, i '}� "± ..y ��.. 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(1) Location Map FISCAL IMPACT Capital Improvement Program $0 Amount Requested $ 750,000 Account Number 301 - 400 - 8203 -8949 Project Phase Pre Construction Appropriation Required Yes (To be funded from an Increase of $250,000 In revenues received from Everest Storage and $500,000 from MTA) ORIGINATED BY DATE 'Z Seimone Jurp , Director of Planning and Building Safety / Acting City Engineer REVIEWED BY: DATE: 7��j Val S enn, City Manager /. a r- 2 a Final 04 -05 -05 Douglas Street Gap Closure carryover funds 3 -29 -05 31 BACKGROUND & DISCUSSION: (continued) (1) Expenditure Appropriation: Staff estimates total expenditures of $724,200 for the current fiscal year, October 1, 2004 through the award of the construction contract as follows (1) Actual expenditures between October 1, 2004 through to date $406,100 (2) Estimated expenditures between to date and construction $318,100 contract award (breakdown below) Parsons Transportation Group (design and pre -bid support) $ 65,000 Los Angeles County Department of Public Works (Right -of -way acquisition services) ANRAB Associates Caltrop Engineering (construction management pre - construction support) Southern California Edison Company Payment for Pedestrian Easement Contingencies /reproduction costs 'R $ 15,000 $ 64,000 $ 6,100 $ 20,000 Total requested appropriation $724,200 As of September 30, 2004 $1,751,800 of City matching funds has been designated for expenditures on the Douglas Street Project On November 14, 1999 the City entered into a Development Agreement with Southern California Edison (Edison) Company and Everest Storage, for development of the Everest Public Storage Facility within Edison property at the location of the Douglas Street Project The agreement also provided fora $250,000 payment from Everest Storage to be used for the Douglas Street Project The City has received this payment The City has also received a project grant of $500,000 from the Metropolitan Transportation Authority Staff is requesting City Council approve an additional CIP appropriation of $750,000 for the Douglas Gap Closure project to cover the above estimated expenditures from October 1, 2004 up to the time of awarding the construction contract This appropriation will be funded from the two revenue sources After bid opening, staff will modify the project budget based on the actual low bid amount and request the additional appropriation required to fund the remainder of the project Final 04 -05 -05 Douglas Street Gap Closure carryover funds 3 -29 -05 J ti ICITY MAP trey or zt e.gmao LLO w S3 zIDNV S07 -�O;,iNnoz) O VO IIII �i F F i E Pgk ON23OHJMVH =;O ;,110 ti Ar Ftl rtlp I I' II CIE= -T 111 c.M[Nn 61��I1IIF B ®B IuSU.m.c. V I(i, rt .�- 1a.B�® ®� rt NOR `\ µ .wow ;i — 1 �B® ELEEn .o w.... '1 3 i t t � iSS1 1 J j f GIGil is z 3 O Q 0 LLI U a N 0 ,! I j 0 � � _ \ / {| � ) BEM § |\ !$rt; � !!) §!2 � ( |!E 'e ! / E ! | §$) • !a! |; � � � § \_ )!§ f §§ ]; \ \ IE �.j\� )_)§§ \ \ §( _ §,!) §[[!)!° ) / § ;,)!§(��) § =lw ;Ef §!`E!E § §!`§)B « : ;;;� = !)�,;�r,,zn!!!\ | _ ))! «[)E §`)§;! !r " ` § °r§:!!! ( / } §)rz)E)r!!§! §((})(( §j)) | § §§ \ /0 I j 0 � � _ \ / {| � ) BEM § |\ !$rt; � !!) §!2 � ( |!E 'e ! / E ! | §$) • !a! |; � � � § \_ )!§ f §§ ]; CITY OF EL SEGUNDO PAYMENTS BY WIRE TRANSFER 3/4/2005 THROUGH 3/24/2005 Date Payee Amount Description 2/18/05 Siemens Credit Corp (43,725 00) Correct Payee info 2/18/05 La Salle 43,725 00 Correct Feb ABAG Payee info 3/9/05 Cal PERS 89851 PERS Health 3/9/05 Cal PERS 297,500 01 PERS Health 3/9/05 Health Comp 4,03778 Weekly claims 3/4 3/10105 Employment Development 38,016 15 State Taxes 3/10/05 IRS 188,066 86 Federal Taxes 3/10/05 West Basin 700,933 10 H2O Payment 3/15/05 Cal PERS 212,799 67 PERS Retirement 3/16/05 Federal Reserve Bank 10000 Employee Savings Bond EE 3/16105 Federal Reserve Bank 35000 Employee Savings Bond 1 3/16/05 Lan Donovan Golf Ptrs 19,889 92 Lakes Payroll Transfer 3/16/05 Health Comp 71579 Weekly claims 2/11 3/18/05 La Salle 43,725 00 ABAG monthly payment 3/24/05 Employment Development 34,807 52 State Taxes 3/24/05 IRS 177,163 31 Federal Taxes 3/24/05 Health Comp 1,55938 Weekly claims 2/18 3/4- 3/24/05 Workers Comp Activity 28,043 08 SCRMA checks issued 1,748,606 08 DATE OF RATIFICATION: 4/05/05 TOTAL PAYMENTS BY WIRE- Certified as to the accuracy of the wire transfers by Depu Treasur Date Directoorr�of Administrative Se'rwrje Date''II � SO City ManaAey Date Information on actual expenditures is available in the City Treasurer's Office of the City of El Segundo 1,748,606.08 35 REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, MARCH 15, 2005 — 5 00 P M 5.00 P M SESSION CALL TO ORDER — Mayor McDowell at 5 00 p m ROLL CALL Mayor McDowell - Present Mayor Pro Tem Gaines - Present - arrived at 5 05 p m Council Member Boulgandes - Present Council Member Busch - Present - arrived at 5 03 p m Council Member Jacobson - Present City Attorney Mark Hensley announced that Council would be meeting in closed session pursuant to Items Identified on the agenda and that 54956 9(b) item is a threat of litigation regarding 916 Sheldon Street 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. SPECIAL ORDERS OF BUSINESS MOVED by Mayor McDowell, SECONDED by Council Member Jacobson to table negotiations for the Management/Confidential Employee Group (which Includes all City employees that are not members of collective bargaining units MOTION PASSED BY UNANIMOUS VOICE VOTE 3/0 Mayor Pro Tern Gaines and Council Member Busch not In Chambers during the vote City Attorney Mark Hensley therefore stated Council would not be meeting In closed session regarding negotiations CLOSED SESSION - The City Council moved into a closed session pursuant to applicable law, including the Brown Act (Government Code Section §54960, et se ) 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 fig] MINUTES OF THE REGULAR CITY COUNCIL MEETING MARCH 15, 2005 PAGE NO 1 36 CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Gov't Code §54956.9(a)) — 3 matters City of El Segundo v City of Los Angeles, et. al LASC No BS094279 Michael Ward v. City of El Segundo, et al , LASC No BC325247 Bryan Ezell v City of El Segundo, WCAB Case No MON0302193 CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code §54956 9(b). -1- potential cases (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) — 1 matter Public Employment (position to be filled) Title City Manager CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956 8) — 0 matter SPECIAL MATTERS - 0 matter Council moved to open session at 6 55 p.m MINUTES OF THE REGULAR CITY COUNCIL MEETING MARCH 15, 2005 PAGE NO 2 I REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, MARCH 15, 2005 - 7.00 P M 7 00 P M SESSION CALL TO ORDER — Mayor McDowell at 7 00 p m INVOCATION — Bishop Michael Briney of the Church of Jesus Christ of Latter Day Saints PLEDGE OF ALLEGIANCE — Mayor Pro Tem John Gaines PRESENTATIONS — (a) Council Member Boulgarides presented Commendations to Joe Harding, Donn Cottom, Marisa Vega, Michael Herbach, Melissa Champagne and Davida Hagan for running the LA Marathon while raising monies on behalf of Rotary International's effort to eradicate polio worldwide by the year 2005 ROLL CALL Mayor McDowell - Present Mayor Pro Tem 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. MOVED by Council Member Boulgarides, SECONDED by Council Member Busch to request the Council allow the public to address the Campaign Finance issue separately MOTION PASSED BY THE FOLLOWING VOICE VOTE AYES BOULGARIDES, JACOBSON AND BUSCH NOES MAYOR MCDOWELL AND MAYOR PRO TEM GAINES 3/2 Liz Garnholz, resident, spoke regarding the monies being spent on light pole banners stating she felt the funds should be appropriated differently, and questioned the funding for a Senior Planner She also spoke about restricted public speaking Richard Arabian, resident, spoke regarding the water billing and the waste water charges A PROCEDURAL MOTIONS MINUTES OF THE REGULAR CITY COUNCIL MEETING MARCH 15, 2005 PAGE NO 3 38 Consideration of a motion to read all ordinances and resolutions on the Agenda by title only MOVED by Council Member Jacobson, SECONDED by Council Member Busch to read all ordinances and resolutions on the Agenda by title only MOTION PASSED BY UNANIMOUS VOICE VOTE 50 B SPECIAL ORDERS OF BUSINESS 1 Consideration and possible action (Public Hearing) regarding a Conditional Use Permit and Development Agreement for a new private High School ( "Vistamar School ") to occupy an existing 75,640 square -foot building at 737 Hawaii Street in the Light Industrial (M -1) Zone. Mayor McDowell stated this is the time and place hereto fixed for a public regarding a Conditional Use Permit and Development Agreement for a new private High School ( "Vistamar School ") to occupy an existing 75,640 square -foot building at 737 Hawaii Street in the Light Industrial (M -1) Zone City Clerk Mortesen stated that proper notice was completed and one communication had been received in the City Clerk's Office Seimone Jugis, Planning and Building Safety Director, gave a report. Applicant: Romayne Levee, Chairman of the Board of Trustees for Vistamar School gave a brief report Bernadette Minton, resident, supported the Vistamar School Joanne Kinetta, Member of the Wiseburn School Board, supported the Vistamar School Matthew Wonder, Principal of Dana Middle School, supported the Vistamar School Nick Wesley, Western Regional President of USI, supported the Vistamar School Mike Rotolo, resident, supported the Vistamar School Brian McClinski supported the Vistamar School Cindy Schmidt, Hermosa Beach resident, Board of Trustees, Vistamar School, supported Vistamar School Don Brann, resident, supported the Vistamar School Cindy Topar, resident, expressed concern with the possibility of the Vistamar School taking corporate funding away from the local public schools and threatening the El Segundo School District Kitty Crowley, resident, concerned with pedestrian traffic, MINUTES OF THE REGULAR CITY COUNCIL MEETING MARCH 15, 2005 PAGE NO 4 30 MOTION by Mayor Pro Tern Gaines, SECONDED by Council Member Jacobson to close the public hearing MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0 City Attorney, Mark Hensley, read changes on page 3, 5 1 3 second sentence, deletion of "development fees", page 4, 5 5 1 deletion of the word "fees' in the next to last sentence, and page 5 6 2 Development Fees addition of the sentence "or such other development fees or amounts as set by the City Council from time to time" to the Development Agreement Into the record Council Member Jacobson requested an additional condition be added to the CUP restricting school use of the city recreational facilities and not granted special permission by virtue of being a "school" City Attorney Mark Hensley proposed two options MOVED by Mayor McDowell SECONDED by Mayor ProTem Gaines to approve Condition of Approval #40, Vistamar School and it's students shall be subject to the same rules and regulations relating to the use of El Segundo recreation & parks facilities applicable to all other individuals and groups with respect to the right to utilize such facilities MOTION PASSED BY THE FOLLOWING VOICE VOTE, AYES, MCDOWELL, GAINES, BUSCH, JACOBSON NOES BOULGARIDES 411/0 Mark Hensley, City Attorney, read the following RESOLUTION NO 4416 A RESOLUTION OF THE EL SEGUNDO CITY COUNCIL APPROVING ENVIRONMENTAL ASSESSMENT NO 656 AND CONDITIONAL USE PERMIT NO 04 -6 TO ESTABLISH A PRIVATE HIGH SCHOOL AT 737 HAWAII STREET MOVED by Mayor McDowell, SECONDED by Mayor ProTem Gaines to adopt Resolution No 4416 approving Environmental Assessment No 656 and Conditional Use Permit No 04 -6 to establish a private high school at 737 Hawaii Street MOTION PASSED BY THE FOLLOWING VOICE VOTE, AYES MCDOWELL, GAINES, BUSCH AND JACOBSON NOES BOULGARIDES 4/1/0 Mark Hensley, City Attorney, read the following ORDINANCE NO 1383 AN ORDINANCE REGARDING AN APPLICATION FROM VISTAMAR SCHOOL APPROVING DEVELOPMENT AGREEMENT NO 04 -1 TO ESTABLISH A PRIVATE HIGH SCHOOL AT 737 HAWAII STREET Mayor McDowell introduced the ordinance with amendments to the Development Agreement C UNFINISHED BUSINESS MINUTES OF THE REGULAR CITY COUNCIL MEETING MARCH 15, 2005 PAGE NO 5 410 Consideration and possible action regarding the Council Ad Hoc Subcommittee's recommendation to amend Title 1, Chapter 9- "Campaign Contributions and Disclosures ", of the El Segundo Municipal Code ( "ESMC ") with regard to campaign finance regulations Liz Garnholz, resident, requested clarification of the options. She would like to see a maximum donation set, and restriction on anonymous donations to be raised to a $99 99 She further stated she would like to see out of town donations and corporate donations restricted Mark Hensley, City Attorney, gave a brief report Council Member Jacobson requested discussion of a new sign ordinance be agendized under his name for the April 5, 2005 meeting Mark Hensley, City Attorney, read the following ORDINANCE NO 1384 AN ORDINANCE AMENDING CHAPTER 9 IN TITLE 1 OF THE EL SEGUNDO MUNICIPAL CODE ENTITLED "CAMPAIGN CONTRIBUTIONS " Council Member Boulgandes introduced the ordinance 3 Consideration and possible action regarding a status report on the implementation of the water /wastewater billing rates approved by the City Council on August 31, 2004 (Fiscal Impact None) Jeff Stewart, Assistant City Manager, gave a report Council consensus to receive and file report 4 Consideration and possible action to retain Shannon David Design to complete both the Business Recruitment Campaign and the Sepulveda Boulevard Light Pole Banner projects (Fiscal Impact $125,000) MOVED by Council Member Busch, SECONDED by Mayor ProTem Gaines to accept the recommendation of the Economic Development Advisory Council to retain Shannon David Design to complete both the Business Recruitment Campaign ($90,000) and the Light Pole Banner protect ($35,000) and authorize the City Manager to execute Contract No 3454 in a form approved by the City Attorney MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0 D REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS 5 Consideration and possible action regarding naming of the four (4) new El Segundo Public Library Meeting Rooms (Fiscal Impact None) Debra Brighton, Library Director, gave a report MINUTES OF THE REGULAR CITY COUNCIL MEETING MARCH 15, 2005 PAGE NO 6 i n MOVED by Council Member Jacobson, to approve the following names for the four new Library meeting rooms a) Parkview East, b) Parkview West, c) Jack London Room, and d) Agatha Christie Room Mayor McDowell suggested this Item be brought back with new names for the Parkview rooms that reflects El Segundo history Council Member Jacobson withdrew his motion MOVED by Council Member Boulgandes, SECONDED by Council Member Busch to approve the following names for the four new Library meeting rooms a) Parkview East, b) Parkview West, c) Jack London Room, and d) Agatha Christie Room MOTION FAILED BY THE FOLLOWING VOICE VOTE AYES BOULGARIDES AND BUSCH NOES- MCDOWELL, GAINES AND JACOBSON 213 Council consensus to have Library Board of Trustees and Recreation and Parks Commission re- evaluate the name suggestions, and bring back a number of recommendations 6 Consideration and possible action regarding a request from the City Council Golf Sub- committee to use the funds from the refinancing of the golf course bonds, $526,200, to purchase several capital items that are needed at the Golf Course (Fiscal Impact $526,200) Stacia Mancini, Director of Recreation and Parks, gave a report MOVED by Council Member Jacobson, SECONDED by Mayor ProTem Gaines to approve Public Works staff to go out to bid to replace the 40 -oz artificial turf on the driving range at the Lakes Golf Course — (Estimated Cost $258,760) Direct staff to include alternate weight of 20 -oz artificial turf as a bid option — (Estimated Cost $190,000); (2) Approve Public Works staff to go out to bid to add additional 90 -ft high netting across the back of the driving range — (Estimated Cost $64,200), (3) Approve Public Works staff to go out to bid to replace the existing tee boxes on the golf course — (Estimated Cost $91,869) 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 Approved Warrant Numbers 2546112 to 2546353 on Register No 11 In the total amount of $734,525.76 and Wire Transfers from 2/18/2005 through 313/2005 In the total amount of $713,415 67 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 8 Approved City Council Meeting Minutes of March 1, 2005 MINUTES OF THE REGULAR CITY COUNCIL MEETING MARCH 15, 2005 PAGE NO 7 9 Adopted Resolution No 4417 denying Environmental Assessment No 636, Subdivision No 04 -02 (Vesting Tentative Tract Map 60995), and Variance No 04 -01 for converting an existing 35 -unit apartment complex to condominiums at 910 E Grand Avenue ( "Project ") 10 Adopted Ordinance No. 1382 for Zone Change Nos 03 -2 and 03 -3, Zone Text Amendment No. 04 -1, and Subdivision No 03 -7 for the Sepulveda /Rosecrans Site Rezoning Reduced Traffic Generation Alternative and Plaza El Segundo Development Reduced Traffic Generation Alternative, and Development Agreement No. 03 -1 for the Plaza El Segundo Development Reduced Traffic Generation Alternative Approved land use entitlements, including Development Agreement No 3455 for a proposed shopping center development project located on 43 3 acres within the SepulvedalRosecrans Site Rezoning area ( "Plaza El Segundo protect ") 11. Authorized Professional Services Agreement No. 3456 with Wllldan Associates for providing an interim Senior Planner to replace the recent vacancy of the position (Fiscal Impact $72,000) Authorized the City Manager to execute the agreement in a form approved by the City Attorney 12 Received and filed status report on the Douglas Street Gap Closure Project (Fiscal Impact None) 13 Accepted the project as complete for the Underground Fuel Storage System Repairs — Protect No PW 04 -05 (Final Project Cost = $8,306 38). Authorized the City Clerk to file the City Engineer's Notice of Completion in the County Recorder's Office Adopted plans and specifications for the Phase II Underground Fuel Storage System Repairs — Project No. PW 05 -09 (Estimated Cost $45,300 00) Authorized staff to advertise the project for receipt of bids 14 Awarded Contract No 3452 to Daphne Painting for the Clubhouse (located at 300 E Pine St.) Interior Painting Project — Project No PW 05 -03 (Fiscal Impact $16,000) and Contract No 3453 to All -Area Plumbing for the Clubhouse Plumbing Refurbishment Project —Project No PW 05 -02 (Fiscal impact- $15,000) Authorized the City Manager to execute the contracts on behalf of the City MOVED by Council Member Jacobson, SECONDED Council Member Busch to approve Consent Agenda Items 7, 8, 9, 10, 11, 12, 13 and 14 MOTION PASSED BY UNANIMOUS VOICE VOTE. 510 Council Member Busch not participating on item number 14 due to the location of his residence CALL ITEMS FROM CONSENT AGENDA F NEW BUSINESS G REPORTS — CITY MANAGER — Announced the retirement of Jim Hanson, Director of Economic Development H REPORTS — CITY ATTORNEY — NONE MINUTES OF THE REGULAR CITY COUNCIL MEETING MARCH 15, 2005 PAGE NO 8 43 REPORTS — CITY CLERK — NONE REPORTS — CITY TREASURER — NONE K REPORTS — CITY COUNCIL MEMBERS Council Member Boulgandes — Announced the Run for Education this Saturday and the Junior ROTC competition Requested a proclamation be sent supporting the ROTC event Council Member Busch — Spoke about the Trees to the Sea project Council Member Jacobson — NONE Mayor Pro Tern Gaines — NONE Mayor McDowell — Council Member Jacobson left the dais at 9 30 P M due to a potential conflict on Item 15 regarding his interest in real property and regarding the location of his employer 15 Consideration and possible action regarding staff conducting a public workshop for the study of potential planning /land use changes to the Smoky Hollow Specific Plan by the University of California- Irvine (UCI) (Fiscal Impact None) Council consensus to receive and file Council Member Jacobson returned to the dais at 9 32. 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 Peggy Tyrell, resident, spoke regarding campaign contributions and the FPPC investigation She also commented on public communications and Hawthorne's meeting rules Bill Mason, El Segundo Rotary Club, announced the Chamber Mixer "March Madness', a major fundraiser for the Rotary Club, this Thursday at the Flight Path Learning Center Brian Crowley, resident, spoke regarding the meeting of March 1, 2005, and the El Segundo Plaza approval He stated he was not pleased with the treatment of the representatives from Manhattan Beach MINUTES OF THE REGULAR CITY COUNCIL MEETING MARCH 15, 2005 PAGE NO 9 3 George Hoop, resident, spoke regarding the Douglas Street Gap Closure Project Joe Brandon, resident, spoke regarding the Vistamar School Project CELEBRATIONS — The birth of Jake Michael Van Fossen, son of Jeff Van Fossen, the City's Recreation Supervisor and his wife, Amy CLOSED SESSION - NONE ADJOURNMENT at 9 48 p m Cindy Mortesen, City Clerk MINUTES OF THE REGULAR CITY COUNCIL MEETING MARCH 15, 2005 PAGE NO 10 45 SPECIAL MEETING OF THE EL SEGUNDO CITY COUNCIL FRIDAY, MARCH 25, 2005, 9 30 A M CALL TO ORDER — Mayor McDowell at 9 30 a.m ROLL CALL Mayor McDowell Mayor Pro Tern Gaines Council Member Boulgarides Council Member Busch Council Member Jacobson Present — Arrived at 9,32 a m - Present Present - Present - Present 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 City Attorney Mark Hensley announced that Council would be meeting in closed session pursuant to items identified on the agenda and that 54956 9(b) item is a threat of litigation regarding 916 Sheldon Street CLOSED SESSION The City Council moved into a closed session pursuant to applicable law, including the Brown Aci (Government Code Section §54960, et seq.) for the purposes of conferring with the City's Real Property Negotiator, and /or conferring with the City Attorney on potential and /or existing litigation, andlor discussing matters covered under Government Code Section §54957 (Personnel), andlor conferring with the City's Labor Negotiators, as follows CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION Pursuant to Government Code Section 54956 9(a) 1 Re Variance Application of City of Los Angeles, Department of Airports for Los Angeles International Airports, Department of Transportation, State of California, Case No 2009060244 2 City of El Segundo v City of Los Angeles, et al , LASC No. BJS094279 CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code §54956 9(b) -1- potential case, Initiation of litigation pursuant to Government Code §54956 9(c) -1- matter DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957) — 1 matter 1 Public Employment (position to be filled) and Public Employee Appointment Title City Manager Council moved to open session at 11 40 a m 46 CLOSED SESSION ANNOUNCEMENT City Attorney Mark Hensley stated that Council by 5/0 vote accepted the resignation of Mary Strenn which is effective July 1, 2005 Council by 5/0 vote appointed Jeff Stewart as the City Manager, effective July 1, 2005, subject to negotiation and approval of employment contract and successful completion of a background check ADJOURNMENT at 11 41 A M Cathy Domann, Deputy City Clerk 4; 1M EL SEGUNDO CITY COUNCIL MEETING DATE: April 5, 2005 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda Consideration and possible action regarding adoption of an ordinance amending Title 1, Chapter 9 — "Campaign Contributions and Disclosures," of the El Segundo Municipal Code ( "ESMC') with regard to campaign finance regulations COUNCIL ACTION: 1) Adopt Ordinance amending Title 1, Chapter 9 of the ESMC, 2) Alternatively, discuss and take other action related to this Item. BACKGROUND & DISCUSSION: On March 15, 2005 the City Council introduced an ordinance amending the campaign finance regulations set forth in the ESMC. The proposed ordinance amends the ESMC as follows: 1) ESMC Section 1 -9 -4 currently requires persons contributing $25 or more to be identified in campaign statements. The ordinance amends the ESMC to be consistent with state law which allows for anonymous contributions of less that $100 (Government Code Section 84304). However, the zip code for all persons making contributions of less than $100 must be in included in campaign statements ATTACHED SUPPORTING DOCUMENTS: Draft Ordinance FISCAL IMPACT: None Operating Budget: Amount Requested: Account Number: Project Phase: Appropriation Required: _Yes _No ORIGIN E DAT ;/ rk Hensley, Attorney REVIEWED BY: DATE: MaAStre Ci ty Manager r 48 2) ESMC Section 1 -9 -7 -B would be deleted to eliminate the campaign filing requirement on the third day following an election. The City's requirement for a final pre - election filing by noon on the Friday preceding the election (Section 1-9-7 - A) is proposed to be retained. 3) A section would be added to the ESMC that prohibits campaign contributions of more than $500 by a single contributor. It should be noted that the contribution limitations do not restrict (1) the number of separate contributions that may be made to different independent committees that may be advancing various political local causes (although it does still limit the amount of each contribution to $500), (2) loans that candidates may make to their own committees, or (3) expenditures made by candidates or independent committees 40 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 9 IN TITLE 1 OF THE EL SEGUNDO MUNICIPAL CODE ENTITLED "CAMPAIGN CONTRIBUTIONS" The city council of the city of El Segundo does ordain as follows SECTION 1 The city council finds and declares as follows A The ability to contribute time and money to local political campaigns is a legitimate and important means of participating in the political process B Large monetary contributions, however, may give at least the appearance that candidates for elective office may be unduly influenced through financial means C It is in the public interest that the City have a means by which all persons within the community have a fair and equitable opportunity to participate in local government whether by elected office or through other means D To assist with the goal of providing an even playing field to all candidates seeking elective office, and to engender public trust in the political process, the City Council enacted regulations for campaign contributions as set forth in Chapter 9 to Title 1 of the El Segundo Municipal Code (`SSMC ") entitled Campaign Contributions and consisting of §§ 1 -9 -1 to 1 -9 -8 E In 1996 and 2000, the California electorate approved two propositions that implemented regulations for campaign contributions on a statewide basis Proposition 208, enacted in 1996, was challenged and has been partially invalidated, Proposition 34, enacted in 2000, was designed, in part, to cure the deficiencies in Proposition 208 and became effective in January 2001 F When adopting this Ordinance, the City Council considered, among other things, the California Supreme Court's decision in Griset v Fair Political Practices Commission (1994) 8 Cal 4ih 851, cert den 15 S Ct 1794, and the cases cited therein The regulations adopted by this Ordinance are intended to balance individual's First Amendment rights with the electorate's right to be fully informed and the public interest in preventing corruption in local elections G By adopting these regulations, the City intends to fully inform voters regarding candidate and campaign viewpoints, to assist voters with distinguishing between accurate and deceptive information, deter defamatory statements, prevent corruption, and assist law enforcement Page 1 of 4 50 H The City has a compelling interest to promote an informed electorate, deter corruption in local elections, and gather evidence to facilitate enforcement of local election regulations Accordingly, it is in the public interest to adopt regulations imposing strict disclosure requirements upon, among other things, unsolicited campaign literature that is distributed during the course of local political campaigns SECTION 2 ESMC § 1 -9 -3 is amended to read as follows "1 -9 -3: Anonymous Contributions Prohibited; Contribution Limit. A It is unlawful for any person to make, and any candidate, controlled committee, or committee to solicit or accept, any anonymous contribution in a local election B For local elections, it is unlawful for any person to make a contribution to a candidate, controlled committee, committee totaling five hundred dollars ($500) or more in a calendar year SECTION 3 ESMC § 1 -9 -4 is amended to read as follows "1 -9 -4: Campaign Statement Information. Candidates, elected officers, controlled committees, and committees must comply with Government Code § 84211 regarding all persons contributing one hundred dollars ($100) or more to a campaign for a local election In addition, candidates, elected officers, controlled committees, and committees must list the zone improvement plan ( "ZIP ") code assigned by the United States Postal Service for the business or residential postal address of persons making contributions of less than one hundred dollars ($100) during a campaign for a local election," SECTION 4 ESMC § 1 -9 -7 is amended to read as follows "1 -9 -7: Filing Deadlines. A final pre - election filing of updated versions of all documents required by the Political Reform Act and this Chapter will be filed by candidates and committees and received by the City Clerk by twelve o'clock (12 00) noon on the final Friday before the electron and will reflect all actual and anticipated expenditures and contributions through the date of the election SECTION 5 If any part of this Ordinance or its application is deemed invalid by a court of competent jurisdiction, the city council intends that such invalidity will not affect the Page 2 of 51 effectiveness of the remaining provisions or applications and, to this end, the provisions of this Ordinance are severable SECTION 6 The City Clerk is directed to certify the passage and adoption of this Ordinance, cause it to be entered into the City of El Segundo's book of original ordinances, make a note of the passage and adoption in the records of this meeting; and, within fifteen (15) days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law SECTION 7• This Ordinance will become effective thirty (30) days following its passage and adoption Page 3 of 4 PASSED AND ADOPTED this day of 2005 Kelly McDowell, Mayor ATTEST: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I, Cindy Mortesen, City Clerk of the City of El Segundo, California, do hereby certify that the whole number of members of the City Council of said City is five, that the foregoing Ordinance No was duly introduced by said City Council at a regular meeting held on the day of , 2005, and was duly passed and adopted by said City Council, approved and signed by the Mayor, and attested to by the City Clerk, all at a regular meeting of said Council held on the day of 2005, and the same was so passed and adopted by the following vote AYES NOES ABSENT ABSTAIN Cindy Mortesen, City Clerk APPROVED Mark D Hen By ,� ar H Berger Assistant City i Page 4 of 4 EL SEGUNDO CITY COUNCIL MEETING DATE: April 5, 2005 AGENDA ITEM STATEMENT AGENDA HEADING. Consent AGENDA DESCRIPTION: Consideration and possible action regarding annual approval of funding prior year Continuing Appropriations and open Purchase Orders, transfer final FY 2003 -2004 General Fund Operating savings of $64,250 (estimated) to the Economic Uncertainty Fund, designate final FY 2003 -2004 CIP savings of $2,147,050 Into the CIP Fund, appropriate $550,000 toward LAX Master Plan Intervention Fund from the FY 2003 -2004 CIP savings RECOMMENDED COUNCIL ACTION- 1 Approve funding FY 2003 -2004 continuing appropriations and open purchase orders in the FY 2004 -2005 Budget, 2 Transfer final FY 03 -04 General Fund - operating savings of $64,250 (estimated) into the Economic Uncertainty Fund for use in balancing the FY 2005 -2006 General Fund operating budget, as needed 3 Designate $2,147,050 of FY 2003 -2004 CIP savings In the Capital Improvement Fund 4 Appropriate $550,000 toward LAX Master Plan Intervention Fund from the FY 2003- 2004 CIP savings 5 Alternatively, discuss and take other action as necessary BACKGROUND & DISCUSSION: Each year staff requests the City Council to carry forward specific budget appropriations from the prior year (FY 2003 -2004) to the current year (FY 2004 -2005) for ongoing purchase orders, ATTACHED SUPPORTING DOCUMENTS. Schedule of FY 2003 -2004 reserve for encumbrances and continuing appropriations FISCAL IMPACT None Operating Budget. $88,845,900 -Total Budget Amount Requested. Continuing Appropriations of $1,909,500 with matching grant revenues of $813,550 and Reserves of $1,429,215 Account Number Various accounts -see attached schedule Project Phase. Appropriation Required' x Yes _ No ORIGINATED DATE //" o� 3 -- REVIEWED BY DATE' 36 Mary Strenn, Clty Manager oJ(_ Reserves Designations Continuing Appropriations -Jims doc 54 BACKGROUND & DISCUSSION (Continued). projects and capital improvements This is a formality that brings forward City obligations from FY 2003 -2004 to FY 2004 -2005 The attached list of FY 2003 -2004 continuing appropriations is being submitted to the City Council for approval of an appropriation in the FY 2004 -2005 Budget Continuing Appropriations and Open Purchase Orders Staff recommends that Council continue the practice of rolling forward all open purchase orders and continuing appropriations from FY 2003 -04 that have unspent amounts as of the fiscal year end See attached schedule of individual items General Fund Operating Savings Staff recommends redirecting the General Fund operating savings (net revenue) from the FY 2003 -04 in the amount of $64,250 (estimated) to the Economic Uncertainty Fund for use in balancing the FY 2005 -06 operating budget, as needed This amount represents net General Fund revenue over expenditures for this fiscal year Staff will report the final savings transferred into the Economic Uncertainty Fund at the FY 2003 -2004 Midyear Review if there are any changes FY 2003 -2004 CIP Savings Staff recommends setting aside unused monies in the Capital Improvement Project Fund for the Final FY 2003 -2004 in the amount of $1,360,350 for projects to be determined at a later date The total amount of FY 2003 -2004 CIP savings is $2,147,050 Staff recommends utilizing $550,000 of that amount to fund ongoing litigation fees related to the City's efforts on the LAX Master Plan process Staff also will be recommending in agenda item number F18 that $236,700 be set aside from the CIP savings toward Sewer grant matching funds The remaining $1,360,350 would remain as a special designation in the CIP Fund until the funds are re- designated by Council This amount represents savings on completed capital improvement projects completed in FY 2003 -04 Reserves Designations Continuing Appropnations -Jams doc 55 Continuing Appropriations FY 03 -04 As City of El Segundo FY 03 -04 Continuing Appropriations EXPENDITURES 3/30/200511 49 AM Item # Fund Account Name Account Number Description Library Meeting Rooms Amount 1 001 Contractual Services 001 - 400 - 4202 -6206 Slurry Seal - Street Rehabiliation $ 170,000 3 001 Transfer- CDBG 001 - 400 - 0000 -9111 Sale of CDBG funds 2004 63,700 4 001 Capital /Computer Hardware 001 -400- 2505 -8108 ETRC List 301 -400- 8203 -8636 175,050 5 001 Professional & Technical 001 -400- 2502 -6214 Class Software - Temporary Help Sanitary Sewer CIP 46,550 6 001 Professional & Technical 001- 400 - 2506 -6214 Executive Search 9 503 1,950 7 001 Professional & Technical 001- 400 - 2401 -6214 Light Pole Banners Air Filling Station 35,000 8 001 Operating Supplis 001 - 400 - 5202 -5204 Dry Chlorinating System 5,000 8 001 Repairs & Maintenance 001 - 400 - 5202 -6215 Dry Chlorinating System 5,800 $ 503,050 13 120 Euipment 120- 400 - 0000 -8104 Police Equipment $ 21,300 11 301 City Hall Improvements 301 -400- 8201 -8475 11 301 Library Meeting Rooms 301- 400 - 8201 -8497 11 301 Downtown Specific Plan 301 - 400 - 8201 -8573 11 301 Aquatics Facility 301 - 400 -8202 -8476 11 301 Community Center 301 - 400 - 8202 -8490 11 301 Skateboard Park 301 -400- 8202 -8989 11 301 Sepulveda Landscaping 301 -400- 8203 -8636 11 301 Replace Mainline Equipment 301 - 400 - 8204 -8317 11 301 Sanitary Sewer CIP 301 - 400 - 8204 -8393 1 405 Repairs & Maintenance 405- 400 - 0000 -6215 Facilities Maintenance 9 503 Other Improvements 503 - 400 -5306 -8103 Golf Course Improvements 10 601 Automotive 601 - 400 - 3202 -8105 Air Filling Station $ 62,550 64,900 159,600 75,000 453,900 74,800 31,250 23,950 49,200 $ 995,150 $ 270,000 $ 60,000 $ 60,000 Total $ 1,909,500 5 6- 1 10 10 2 3 1 10 10 2 Continuing Appropriations FY 03 -04 As 3/30/200511 49 AM 001 Beverage Container Reycling REVENUES Capital /Equipment 001 Capital /Equipment 001 State Grants 001 - 300 - 0000 -3703 Beverage Container Grant $ 13,050 001 Federal Grants 001 - 300 - 0000 -3735 Homeland Security Grant (SHSGP) 57,450 001 Federal Grants 001 - 300 - 0000 -3735 UASI Grant FY 2003 65,400 001 Federal Grants 001 - 300 - 0000 -3735 UASI Grant FY 2004 613,950 $ 749,850 111 Transfer- General Fund 111- 300 -0000 -9001 Sale of CDBG funds 2004 $ 63,700 001 Beverage Container Reycling 001 Capital /Equipment 001 Capital /Equipment 001 Capital /Equipment MAIM lK 001 - 400 - 4206 -6238 Beverage Container Grant $ 13,050 001 - 400 - 3202 -8104 Homeland Security Grant (SHSGP) 57,450 001 - 400 - 3255 -8104 UASI Grant FY 2003 65,400 001 - 400 - 3255 -8104 UASI Grant FY 2004 613,950 $ 749,850 J7 Encumbrances FY 03 - 04 City of El Segundo Reserve for Encumbrances 244 - 0000 -0000 Period Ending September 30, 2004 VENDOR NAME VENDOR # PO NUMBER ACCOUNT # AMOUNT General Fund 001 Reserve For Encumbrances Christopher A Joseph & Associates 03868 24 -00096 001 -400- 2402 -6214 130,024 31 Harris & Associates 06932 24 -00103 001 -400- 2402 -6214 94000 Kimley -Horn and Associates 06310 24 -00087 001 -400- 2402 -6214 3,39344 Hunter - Kennedy & Associates, Inc 11767 24 -00100 001 - 400 - 2403 -6214 1,934 15 Gaff Group, Inc 06283 25 -00249 001 - 400 - 2501 -5204 3,00000 Class Software Solutions, LTD 07291 60 -00622 001 -400- 2502 -6214 54240 Lance, Soil & Lunghard 02070 25 -00225 001 - 400 - 2502 -6214 8,04000 Michael Mc Daniel 07878 25 -00250 001 -400- 2505 -6214 82500 Simetra Systems, Inc 04634 25 -00210 001 - 400- 2505 -6214 2,60000 CCG Systems, Inc 10110 60 -00491 001 -400- 2505 -8108 12,500 00 Gary V Bufkin 05453 60 -00381 001- 400 - 2505 -8108 23,750 00 Pandemic Media 07022 25 -00218 001 -400- 2505 -8108 8,00000 Ptxelpushers, Inc DBA Civica Software 07714 25 -00248 001- 400 -2505 -8108 15,580 00 Capistrano's Restaurant 03473 25 -00245 001- 400 - 2506 -6223 4,00000 Future Industrial Technologies, Inc 05405 25 -00220 001 -400- 2506 -6223 9,90000 Liebert Cassidy Whitmore 03309 25 -00221 001 - 400 - 2506 -6223 6,13200 Liebert Cassidy Whitmore 03309 25 -00247 001 -400- 2506 -6223 4,00000 Advanced Fuel Filtration Systems, Inc 06128 26 -00296 001 - 400 - 2601 -6215 9,64500 Gaff Group, Inc 06283 25 -00249 001 -400- 2601 -6215 1,25520 Hobbs Painting 07197 26 -00294 001 - 400 - 2601 -6215 60000 Hoist Service Inc 07917 26 -00306 001 -400- 2601 -6215 2,48434 Siemens Building Technologies, Inc 04519 26 -00304 001 -400- 2601 -6215 4,36700 Tremco Weatherproofing Tech, Inc 06969 26 -00301 001 -400- 2601 -6215 1,79400 Westchester Landscape 07872 26 -00305 001 -400- 2601 -6215 3,17000 Prosum Inc 12810 31 -00404 001- 400 - 3101 -6214 9,50000 Advanced Electronics 03088 32 -00231 001 -400- 3202 -6251 2,36786 Disbursing Officer, Defense Fin /Acct Svc 07615 60 -00623 001 -400- 3202 -8104 4,27252 City of Los Angeles 07871 43 -00091 001 - 400 -4302 -6206 17,888 50 California Surfacing 07867 52 -00450 001 - 400 -5201 -6215 3,10000 Class Software Solutions, LTD 07291 25 -00238 001- 400 - 5203 -5204 40000 Class Software Solutions, LTD 07291 25 -00238 001 - 400 -5204 -5204 40000 California Surfacing 07867 52 -00450 001 -400- 5204 -6215 1,00000 Class Software Solutions, LTD 07291 25 -00238 001- 400 - 5205 -5204 40000 Total Moved From FY 03 -04 to FY 04 -05 297,805 72 J� Dept AdmSvc,AP Purchasing, PO's moved - 04 to 05 xis 3/30/2005 11 51 AM Encumbrances FY 03 - 04 Asset Forfeiture Fund 109 Reserve For Encumbrances Alads Dispatcher, % Michael Chupa 06544 31 -00402 Incorporated Business Interiors 03040 60 -00415 Motorola Communications Enterprise 02139 31 -00390 Total Moved From FY 03 -04 to FY 04 -05 Communitv Develooment Block Grant Fund 111 Reserve For Encumbrances 109 - 400 - 3105 -6214 2,10000 109- 400 - 3105 -8104 1,93206 109 -400- 3105 -8108 523,173 03 527,205 09 Always Right Home Care 07849 27 -00113 111 - 400 - 2743 -6214 26,991 00 NDK Foods, Inc 07814 27 -00112 111 - 400 - 2778 -6214 19,558 80 Tina Gall 11078 27 -00111 111 -400- 2781 -6214 7,09500 Don La Force Associates 07877 27 -00114 111 -400- 2781 -8498 55,390 00 06991 Total Moved From FY 03 -04 to FY 04 -05 301- 400 - 8201 -8497 1,96387 109,034 80 07886 Home Sound Installation Fund 116 Reserve For Encumbrances 301 -400- 8201 -8497 39,113 81 Tekton Building & Construction Group The Jones Payne Group, Inc 07348 29 -00130 116 -400- 0000 -6214 $182,57031 Wyle Laboratories, Inc 06513 29 -00129 116 - 400 - 0000 -6214 29,159 99 61200 Total Moved From FY 03 -04 to FY 04 -05 13286 $211,73030 Hyperion Mitigation Fund 117 Reserve For Encumbrances RBF Consulting 00860 24 -00088 117 - 400 - 8601 -6206 $31,54904 Total Moved From FY 03 -04 to FY 04 -05 $31,54904 Capital Improvements Fund 301 Reserve For Encumbrances AKM Consulting Engineers 01763 24 -00053 301 -400- 8201 -8394 11,185 70 Spectra Contract Flooring LS 05821 30 -00093 301 - 400 - 8201 -8475 7,45486 Associates Purchasing 07102 30 -00128 301 -400- 8201 -8497 16,826 38 CWAAIA, Inc 06991 30 -00113 301- 400 - 8201 -8497 1,96387 Knoll 07886 30 -00129 301 -400- 8201 -8497 39,113 81 Tekton Building & Construction Group 07876 30 -00130 301 - 400 - 8201 -8497 66,515 00 Malibu Pacific Tennis Courts, Inc 10798 30 -00124 301 - 400 - 8201 -8573 61200 MRH Structural Engineers 13286 30 -00127 301 -400- 8202 -8476 9,95000 Channel Islands Paving, Inc 07478 30 -00123 301 - 400 - 8202 -8989 27,875 00 Environmental Services 07879 30 -00131 301 -400- 8204 -8317 11,000 00 Total Moved From FY 03 -04 to FY 04 -05 192,496 62 5D Dept AdmSvc,AP Purchasing,PO's moved - 04 to 05 As 3/30/2005 11 51 AM Encumbrances FY 03 - 04 Water Utility Fund 501 Reserve For Encumbrances AKM Consulting Engineers 01763 24 -00053 Dataprose, Inc 07080 71 -00110 Dataprose, Inc 07080 71 -00110 Total Moved From FY 03 -04 to FY 04 -05 Equipment Replacement Fund 601 Reserve For Encumbrances Pursuit Technology, Inc 01290 31 -00391 AA Equipment Rentals Co, Inc 10581 60 -00629 Total Moved From FY 03 -04 to FY 04 -05 501- 400 - 7102 -6206 501 -400- 7102 -6206 501 -400- 7102 -6253 601 -400- 3101 -8105 601 -400- 5102 -8105 8,56456 6,62860 1,40214 16,595 30 12,314 64 8,53335 20,847 99 Sub -Total Moved From FY 03 -04 to FY 04 -05 1,407,264 86 DISENCUMBERED PO's Pitney Bowes 01240 29 -00090 001 -400- 2901 -6215 6,22500 Pitney Bowes 01240 29 -00090 601 -400- 2901 -8104 15,725 15 Total unencumbered PO's Moved From FY03 -04 to FY 04 -05 21,950 15 Grand Total Moved From FY 03 -04 to FY 04 -05 $ 1,429,21501 Dept AdmSvc AP,Purchasmg,PO's moved - 04 to 05 xis 3/30/2005 11 51 AM EL SEGUNDO CITY COUNCIL MEETING DATE. April 5, 2005 AGENDA ITEM STATEMENT AGENDA HEADING: Consent AGENDA DESCRIPTION. Consideration and possible action to award contract extensions as provided for in the existing contracts to The Jones Payne Group for design and testing services and to Wyle Laboratories, Inc for construction monitoring and oversight services related to the Residential Sound Insulation (RSI) Program RECOMMENDED COUNCIL ACTION: 1) Award a contract extension to The Jones Payne Group for Design and Testing Services, 2) Award a contract extension to Wyle Laboratories, Inc for Construction Monitoring and Oversight Services, 3) Authorize the City Manager to execute the contract extensions, and 4) Alternatively, discuss and take other action related to this item BACKGROUND & DISCUSSION: At its meeting of November 5, 2003, the City Council awarded agreements to The Jones Payne Group for provision of Design and Testing services and Wyle Laboratories, Inc for provision of Construction Monitoring and Oversight Services Both agreements were awarded for a period of one (1) year, with the City's discretion of extending the agreement in one (1) year increments for a maximum of three (3) years The Jones Payne Group has requested a 10 0% increase in fees which includes increased workloads associated with the evolution of the RSI Program Increased services include full architectural review of designs with Property Owners (a task City staff has been performing during this first year of the Jones Payne contract), services associated with homes being grouped into four groups of 25 rather than 2 groups of 50 each year (a change to help expedite the process for property owners), and the development of a "Property Owner Information Booklet" (to better describe what improvements are offered by the RSI Program) and a "Property Owner Installation & Process Brochure" (for property owners desiring to make improvements outside of the program ) The contract extension for the Jones Payne Group would be for $440,389 72 ATTACHED SUPPORTING DOCUMENTS: None FISCAL IMPACT: Operating Budget: $500,000 Amount Requested. $557,62972 Account Number: 116 -400- 0000 -6214 Appropriation Required. X Yes _ No ($57,650 from Unappropriated RSI Fund Balance) �` (1 V S O'Neill, Program Coordinator REVIEWED DATE: 61 Background and Discussion (con't): Wyle Laboratories, Inc has proposed a contract representing a 7 6% increase in fees compared to the previous year's contract The contract extension for Wyle Laboratories, Inc would be for $117,240 based on 100 dwellings, and is a time and materials contract As the Council is aware, the RSI Program has grown over the past two years, and many of these changes are results of that growth The two contracts combined represent an increase of $57,629 72 above the anticipated $500,000 adopted for the 2004/2005 budget It should also be noted that none of these costs are debited from the City's General Fund FAA grants cover 80% of expenses for the RSI Program and the remaining costs are paid for by participating property owners EL SEGUNDO CITY COUNCIL AGENDA ITEM STATEMENT MEETING DATE. April 5, 2005 AGENDA HEADING Consent Agenda Consideration and possible action regarding adoption of an Ordinance for a Development Agreement for a new private high school ( "Vistamar School ") to occupy an existing 75,640 square -foot budding at 737 Hawaii Street in the Light Industrial (M -1) Zone RECOMMENDED COUNCIL ACTION 1) Second reading by title only, and adoption Agreement No 04 -1, and /or 2) Alternatively, discuss and take other action BACKGROUND & DISCUSSION. of Ordinance No 1383 for Development related to this item On March 15, 2005, the City Council held a public hearing and adopted Resolution No. 4416 approving Environmental Assessment No. 656 for Conditional Use Permit No 04 -6 The Council gave direction for the City Attorney to draft a condition of approval in the Conditional Use Permit stating that Vistamar School and its students would be subject to the same rules and regulations relating to the use of the City's Recreation and Parks' facilities that are applicable to all other Individuals and groups with respect to the right to use such facilities The Council also introduced an ordinance to adopt the Development Agreement for Vistamar School ATTACHED SUPPORTING DOCUMENTS: A Ordinance No 1383 FISCAL IMPACT. Operating Budget N/A Amount Requested NIA Account Number N/A Project Phase NIA Appropriation Required, _ Yes X No Seimone Jupis, hector of Planning and Building Safety/ Acting City Engineer REVIEWED BY DATE Mary Stre�-n, City Manager P \Planning & Building Safety\Profects1651- 6751656 \Ea -656 cc stf 4505 doc V .) ORDINANCE NO. 12 3 AN ORDINANCE REGARDING AN APPLICATION FROM VISTAMAR SCHOOL APPROVING DEVELOPMENT AGREEMENT NO. 04 -1 TO ESTABLISH A PRIVATE HIGH SCHOOL AT 737 HAWAII STREET. The City Council of the City of El Segundo does ordain as follows SECTION 1 The City Council finds and declares that A On September 22, 2004, Vistamar School filed an - application for Environmental Assessment No 656 and Conditional Use Permit No 04 -6 to establish a private high school in an existing 75,640 square foot building at 737 Hawaii Street, B On November 9, 2004, Vistamar School filed an application for Development Agreement No 04 -1 requesting a ten -year development agreement with the City, C Vistamar School's application was reviewed by City's Planning and Budding Safety Department for, in part, consistency with the General Plan and conformity with the El Segundo Municipal Code ( "ESMC "); D In addition, the City reviewed the project's environmental impacts under the California Environmental Quality Act (Public Resources Code §§ 21000, et seq , "CEQA "), the regulations promulgated thereunder (14 Cal Code of Regulations § §15000, et seq , the "CEQA Guidelines "), and the City's Environmental Guidelines (City Council Resolution No 3805, adopted March 16, 1993), E An Initial Study of Environmental Impacts was prepared pursuant to the requirements of CEQA A Mitigated Negative Declaration was prepared and circulated for public review and comment from February 3, 2005 to February 23, 2005, F The Planning and Budding Safety Department completed its review and scheduled a public hearing regarding the application before this Commission for February 24, 2005, G. On February 24, 2005, the Commission held a public hearing to receive public testimony and other evidence regarding the application including, without limitation, information provided to the Commission by City Staff, public testimony, and by Vistamar School's representatives, and, adopted Resolution No 2580 recommending approval of Environmental Assessment No 656, Conditional Use Permit No 04 -6, and Development Agreement No 04 -1, 1 6,i H On March 15, 2005 the City Council held a special public hearing to receive public testimony and other evidence regarding the applications including, without limitation, information provided to the Commission by City Staff, public testimony, and representatives of Vistamar School, and, The City Council considered the information provided by City staff, public testimony, and by Vistamar School's representative This Resolution, and its findings, are made based upon the evidence presented to the City Council at its March 15, 2005 hearing including, without limitation, the staff report submitted by the Planning and Budding Safety Department. SECTION 2 Factual Findings The City Council finds that the following facts exist A The subject site is located at 737 Hawaii Street in the Light Industrial (M -1) Zone B The proposed project is a private high school, featuring grades 9 through 12 The school will be located in an approximately 75,640 square -foot existing building The building will be refurbished and reconfigured to provide the school with a one -story (30 -foot) building containing approximately 75,640 gross square feet C The school will include 22 classrooms, which will include 15 standard classrooms, 4 science laboratory classrooms, 2 arts classrooms and 1 performing arts classroom In addition, the school will provide other student- serving areas such as a library, cafeteria, gymnasium, and student center as well as other ancillary areas for administrative offices /services and storage D Parking will be provided on -site for 157 vehicles E The school plans to operate on a typical school year schedule from Labor Day to mid -June Normal school hours would be from 7 30 a m. to 3 00 p m There would be extracurricular activities that would also take place after 3 00 p m Summer school activities would be offered as well as other community uses of the school's facilities F The project will be implemented in two or three phases During the 2005/2006 school year, beginning in September 2005, only seven classrooms and some of the ancillary uses for approximately 120 students would be constructed The enrollment would consist of approximately 90 freshman and 30 sophomore students G During this 2005/2006 school year, tenant improvements would continue in the rear two - thirds of the budding to complete the full buildout of the school facilities Upon completion of the facilities for the 200612007 or 200712008 school year, the school would be able to provide enrollment up to its projected capacity of 400 students 2 'J J H Vistamar School anticipates phasing in the full student enrollment over four year period, reaching its full enrollment for the 2008/2009 school year A Conditional Use Permit is required for a school to locate in the M -1 Zone pursuant to ESMC § 15 -6A -5, which requires a Conditional Use Permit for uses which are permitted in the Downtown Commercial (C -RS) Zone ESMC § 15 -5A -2 lists schools as a permitted use in the C -RS Zone The proposed Development Agreement includes a ten -year term and an initial public benefit contribution to the City in the amount of approximately $185,586 82 and an additional lump sum payment of $71,551 75 should Vistamar School occupy the budding for more than ten years SECTION 3: Development Agreement Findings The project approved as part of the Development Agreement would be as generally described in Section 2 above Pursuant to City Council Resolution No 3268, adopted June 26, 1984, the City Council finds that A The project is consistent with the objectives, policies, general land uses, and programs specified in the general plan and any applicable specific plan The Development Agreement would provide the following public benefits in exchange for valuable development rights (ten -year entitlement) A public contribution benefit of approximately $185,586 82 to replace the business license fees that would have been paid by a non -tax- exempt business that might have occupied the budding for the next ten years 2 A public contribution benefit of approximately $71,551 75 to replace the business license fees that would have been paid by a non -tax- exempt business that might have occupied the building for an additional ten years if Vistamar remains in the building afterten years. 3 Development of a project that is consistent with the elements of the General Plan 4 Contribution of approximately $21,179 in police, fire, and library mitigation fees to offset the impacts of the project on public services B The project is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the real property is located The proposed use and development standards are consistent with the existing uses and M -1 Zone standards C The proposed project would provide a needed community service and would expand the range of educational opportunities for the residents of the City and surrounding areas. The proposed Development Agreement would facilitate the re -use of an underutilized industrial budding and provide important seismic upgrades to the budding. 431-J) D The project will not be detrimental to the health, safety and general welfare The initial study for the proposed project determined that the project will not create any significant environmental impacts and showed that the project would not introduce the students and faculty of the proposed school to any significant existing hazards in the surrounding area E The project will not adversely affect the orderly development of property or the preservation of property values The proposed Development Agreement will ensure that the project will be developed in an orderly fashion. SECTION 4 Approvals. The City Council approves Development Agreement No 04 -1 set forth in attached Exhibit "A," which is incorporated into this Ordinance by reference SECTION 5 If any part of this Ordinance or its application is deemed invalid by a court of competent jurisdiction, the city council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end; the provisions of this Ordinance are severable SECTION 6 This Ordinance will remain effective until superseded by a subsequent resolution SECTION 7 The City Clerk is directed to certify the passage and adoption of this Ordinance, cause it to be entered into the City of El Segundo's book of original ordinances, make a note of the passage and adoption in the records of this meeting, and, within fifteen (15) days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law SECTION 8 This Ordinance will become effective on the thirty -first (31 st) day following its passage and adoption v APPROVED PASSED, APPROVED AND ADOPTED this 5th day of April 2005. Hensley, CiX Attorney a Kelly McDowell, Mayor 4 67 ATTEST STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO I, Cindy Mortesen, City Clerk of the City of El Segundo, California, do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing Ordinance No was duly introduced by said City Council at a regular meeting held on the 15th day of March, 2005, and was duly passed and adopted by said City Council, approved and signed by the Mayor, and attested to by the City Clerk, all at a regular meeting of said Council held on the 5th day of April, 2005, and the same was so passed and adopted by the following vote AYES NOES ABSENT ABSTAIN Cindy Mortesen, City Clerk P \Planning & Building Safety\Projects \651 - 675 \656 \EA -656 Ord doc G CITY COUNCIL ORDINANCE NO. RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO CITY CLERK CITY OF EL SEGUNDO 350 Main Street El Segundo, California 90245 Exhibit A EXEMPT FROM RECORDER'S FEES Pursuant to Government Code § 6103 DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF EL SEGUNDO AND VISTAMAR SCHOOL THIS AGREEMENT MUST BE RECORDED WITHIN TEN DAYS OF EXECUTION BY ALL PARTIES HERETO PURSUANT TO THE REQUIREMENTS OF GOVERNMENT CODE §65868 5 f .J DEVELOPMENT AGREEMENT This Development Agreement (the "Agreement ") is made and entered into by and between the CITY OF EL SEGUNDO, a general law city and municipal corporation ( "City ") and Vistamar School, a California non - profit corporation ( "Vistamar") In consideration of the mutual covenants and agreements contained in this Agreement, City and Vistamar agree as follows 1 Recitals This Agreement is made with respect to the following facts and for the following purposes 1 1 Pursuant to Government Code §§ 65865 et sea , City is authorized to enter into a binding agreement with any person having a legal or equitable interest in real property for the development of such property 1 2 Vistamar is the lessee under a lease with LBA Fund IVA, LLC with regard to certain real property in the City of El Segundo, consisting of approximately 153,525 square feet, as more specifically described in attached Exhibit "A," which is incorporated by reference (the "Property ") The Property is currently improved with a building containing approximately 75,640 square feet of warehouse and office space (the `Building ") 1 3 Vistamar desires to renovate the Building for use as a private high school ( "Project ") pursuant to a conditional use permit as permitted by the El Segundo Municipal Code ( "ESMC ") 1.4 City has approved/certified, or is in the process of approving Environmental Assessment No 656, Conditional Use Permit No 04 -6, Development Agreement No 04 -1, and conditions of approval imposed in connection herewith (the "Conditions of Approval ") (the foregoing are collectively referred to as the "Project Approvals" and are incorporated into this Agreement by reference) Vistamar's application for the Project Approvals was deemed complete by the City on February 14, 2005 (the "Application Date ") 1 5 By this Agreement, City desires to obtain the binding agreement of Vistamar to develop the Property in accordance with the Project Approvals and this Agreement In consideration thereof, City agrees to limit the future exercise of certain of its governmental and proprietary powers to the extent specified in this Agreement 16 By this Agreement, Vistamar desires to obtain the binding agreement of City to permit the development of the Property in accordance with the Project Approvals, the Applicable Rules (as defined herein) and this Agreement In consideration thereof, Vistamar agrees to provide a Public Benefit Contribution as described in Section 6 5 below 1 7 City and Vistamar acknowledge and agree that the consideration that is to be exchanged pursuant to this Agreement is fair, just and reasonable and that this Agreement is consistent with the General Plan of the City -1- 18 The proposed Project uses are consistent with both the City's General Plan and the ESMC which identify the Property as "Limited Industrial" and part of the M -1 Zone which conditionally permits school uses Property Subject to this Agreement All of the Property is subject to this Agreement 3 Binding Effect The burdens of this Agreement are binding upon, and the benefits of the Agreement inure to, each Party and each successive successor in interest thereto and constitute covenants that run with the Property Whenever the terms "City" and "Vistamar" are used, such terms include each of their successors in interest 3 1 Agreement Personal to Vistamar City and Vistamar acknowledge and agree that the City is entering into this Agreement based on the abilities of Vistamar to perform its obligations under this Agreement, deliver the public benefits promised to the City, and to construct and complete a high - quality private high school project which will be a benefit to the City and its residents Accordingly, the effectiveness of this Agreement and each of the Project Approvals is expressly conditioned on Vistamar, a related entity being, or another non - profit, private high school being either the lessee or the owner of the Property 32 Constructive Notice and Acceptance Every person who acquires any right, title or interest in or to any portion of the Property in which Vistamar has a legal interest is conclusively deemed to have consented and agreed to be bound by this Agreement, whether or not any reference to the Agreement is contained in the instrument by which such person acquired such right, title or interest 33 Rights to Assign Vistamar may not assign or transfer its rights and obligations under this Agreement with respect to the Property, or any portion thereof, to any person at any time during the term of this Agreement without City's prior approval 3 4. Liabilities Upon Transfer Upon the delegation of the duties and obligations under this Agreement and the sale, transfer or assignment of the Property, Vistamar will be released from its obligations under this Agreement with respect to the Property so transferred ansmg subsequent to the effective date of such transfer, if (1) Vistamar has provided to the City prior or subsequent written notice of such transfer and (n) the transferee has agreed in writing to be subject to all of the provisions hereof applicable to the portion of the Property so transferred by executing an Assignment and Assumption Agreement in the form of Exhibit "B" attached hereto Upon any transfer of the Property and the express assumption of Vistamar's obligations under this Agreement by such transferee, the City agrees to look solely to the transferee for compliance by such transferee with the provisions of this Agreement as such provisions relate to the portion of the Property acquired by such transferee. Any such transferee is entitled to the benefits of this Agreement as "Vistamar" hereunder and is subject to the obligations of this Agreement applicable to the parcel(s) transferred The transferee is responsible for satisfying the good faith compliance requirements set forth in Section 9 below relating to the Property owned by such transferee 4 Development of the Propert v The following provisions govern the subdivision, development and use of the Property -2- 41 Permitted Uses The permitted and conditionally permitted uses of the Property, as well as the minimum and maximum allowable square footages for such uses, are set forth in the Project Approvals 42 Development Standards All design and development standards applicable to the Property are set forth in the Applicable Rules (as defined below), the Project Approvals and tlus Agreement 43 Building Standards All construction on the Property must adhere to the California Building Code, including the Fire Resistive Design Manual, the California Electrical Code, the California Plumbing Code, the California Mechanical Code, the California Housing Code, and the Uniform Administrative Code in effect at the time the plan check or permit is approved and to any federal or state building requirements that are then in effect (collectively the "Building Codes ") 44 Fees, Exactions, Mitigation Measures, Conditions, Reservations and Dedications All fees, exactions, mitigation measures, conditions, reservations and dedications of land for public purposes that are applicable to the Project or the Property are set forth in the Project Approvals and this Agreement 5 Vesting of Development Rights 5 1 Applicable Rules. The Applicable Rules consist of the following 5 1 1 The City's General Plan, as it exists on the Effective Date, 5 1 2 The City zoning regulations, as set forth in the ESMC, as they exist on the Effective Date, and 5 13 Such other laws, ordinances, rules, regulations, and official policies governing permitted uses of the Property, density, design, improvement, and construction standards and specifications applicable to the development of the Property in force at the time of the Effective Date, which are not in conflict with this Agreement 52 Entitlement to Develop Vistamar is granted the vested right to develop the Project on the Property subject to the Applicable Rules, the Project Approvals and any future approvals granted by the City for the Project or the Property (the "Future Approvals ") 53 Subsequent Enactments Any change in the Applicable Rules, including, without limitation, any change in any applicable general plan or zoning, adopted or becoming effective after the Effective Date, including, without limitation, any such change by means of an ordinance, initiative, resolution, policy, order or moratorium, initiated or instituted for any reason whatsoever and adopted by the City Council, the Planning Commission or any other board, commission or department of the City, or any officer or employee thereof, or by the electorate, as the case may be (collectively the "Subsequent Rules "), which would, absent this Agreement, otherwise be applicable to the Property, cannot be applied by the City to any part of the Property -3- 54 Timing of Development City and Vistamar intend to avoid the result in Pardee Construction Co v. City of Camarillo (1984) 37 Cal.3d 465 by acknowledging and providing that Vistamar has the right, without obligation, except as otherwise specifically set forth herein, to develop the Property in such order and at such rate and times as Developer deems appropriate within the exercise of its subjective business judgment subject to the term of this Agreement 5 5, Future Approvals 5 5 1 Minor Modifications to Protect Vistamar may make minor changes to the Project ( "Minor Modifications ") without amending this Agreement upon the administrative approval of the City's Planning and Building Safety Director, provided that such modifications are consistent with the Development Standards, Applicable Rules, and Project Approvals and do not constitute Major Modifications pursuant to Section 5 4 2 below The City must not unreasonably withhold or delay approval of any Minor Modification The City has the right to impose reasonable conditions in connection with Minor Modifications, provided, however, such conditions must not (a) be inconsistent with the Applicable Rules or with the development of the Project as contemplated by this Agreement, (b) directly or indirectly, unreasonably hinder, delay, impede, obstruct, interfere with, or place unreasonably burdensome or restrictive measures or requirements upon development of the Project or the Property or any portion thereof, or (c) impose additional dedications, infrastructure or public improvement obligations, or exactions in excess of those identified in this Agreement. 5 5 2 Modifications Requiring Amendment to this Agreement Any proposed modification to the Project as described below ( "Major Modifications ") does not constitute a Minor Modification and instead requires an amendment to this Agreement pursuant to Section 15 below (a) Any change in use to a use which is not permitted under the ESMC, (b) Any increase in the total developable square footage of the entire Property in excess of 5% of the total overall gross square footage constructed, (c) Any decrease in the number of parking spaces available to Vistamar below the number required in the ESMC, and (d) Any material modification to Vistamar's obligation to provide a Public Benefit Contribution as provided in Section 6 4 below 56 Plan Review Plans for the building on the Property, including plans for signage, trash enclosures and screening and landscaping must be reviewed and approved by the Director before the City issues a building permit, provided, however, that, notwithstanding anything to the contrary contained in the Applicable Rules, the sole purpose of such review is to verify consistency with the Development Standards, Applicable Rules, and Project Approvals The Director must approve all features which are consistent with the Development Standards or are otherwise specifically approved by this Agreement -4- -y n 5 7 Modification of Approvals Throughout the term of this Agreement, Vistamar has the right, at its election and without risk to any right that is vested pursuant to this Agreement, to apply to the City for modifications and amendments to the Project Approvals and any Future Approvals that may be granted to Vistamar The approval or conditional approval of any such modification or amendment which does not constitute a Major Modification does not require an amendment to this Agreement, provided that, in addition to any other findings that may be required, a finding is made that the modification or amendment is consistent with this Agreement Any such modification or amendment is deemed incorporated into this Agreement at the time it becomes effective 58 Term This Agreement will be effective for a period of ten (10) years However, Vistamar or City is entitled to, by written request before the Agreement's expiration, one (1) ten (10) -year extension, provided that the requesting party is not in default of its obligations hereunder at such time 59 Issuance of Building Permits No building permit, final inspection or Certificate of Occupancy will be unreasonably withheld, conditioned, or delayed from Vistamar if all infrastructure required to serve the portion of the Property covered by the building permit, final inspection or Certificate of Occupancy is in place or is suitably guaranteed to be completed (by covenant, bond, letter of credit or otherwise) to the reasonable satisfaction of the City before completion of construction and all of the other relevant provisions of the Project Approvals, subsequent approvals and this Agreement have been satisfied 6 Vistamar Agreements 61 General Vistamar must comply with (i) this Agreement, (n) the Project Approvals, including without limitation any mitigation measures required by the determination made pursuant to the California Enviromnental Quality Act, and (iii) all Subsequent Approvals for which it is the applicant 62 Development Fees Vistamar must pay the development fee amounts identified in Exhibit "C ", or such other development fees or amounts as set by the City from time to time 63 Processing Fees On the Effective Date of this Agreement, Vistamar must pay all outstanding City processing, legal and environmental processing costs related to the Project and preparation of this Agreement, if any 64 Other Fees In addition to fees specifically mentioned in this Agreement, Vistamar agrees to pay all City plan check fees, building inspection fees, and permit fees, generally applicable on a City -wide basis for similar projects, at the rate and amount in effect at the time the fee is required to be paid 65 Public Benefit Contribution Vistamar and the City acknowledge that Vistamar, as a non -profit corporation, is exempt from paying certain taxes which would otherwise inure to the benefit of the City In light of such exemption, Vistamar agrees to pay to the City a public benefit contribution based on the net present value of the foregone business license taxes that Vistamar would have been required to pay were Vistamar not exempt as a not - for - profit -5- -i corporation ( "Public Benefit Contribution") Vistamar must pay such Public Benefit Contribution in an amount and per the schedule established in Exhibit "D" of this Agreement 7 CitvNistamar Agreements 71 Processing Cooperation and Assistance To the extent permitted by law, the City must reasonably cooperate with the Vistamar in securing any and all entitlements, authorizations, permits or approvals which may be required by any other governmental or quasi - governmental entity in connection with the Development of the Projector the Property Without limiting the corporation ( "Public Benefit Contribution ") Vistamar must pay such Public Benefit Contribution in an amount and per the schedule established in Exhibit "D" of this Agreement CityNistamar Agreements 71 Processing Cooperation and Assistance To the extent permitted by law, the City must reasonably cooperate with the Vistamar in securing any and all entitlements, authorizations, permits or approvals which may be required by any other governmental or quasi - governmental entity in connection with the Development of the Projector the Property Without limiting the foregoing, the City must reasonably cooperate with the Vistamar in any dealings with federal, state and other local governmental and quasi- governmental entities concerning issues affecting the Property The City must keep the Vistamar fully informed with respect to its communications with such agencies which could impact the development of the Property 72 Processing During Third Party Litigation The filing of any third party lawsuit(s) against the City or the Vistamar relating to this Agreement or to other development issues affecting any portion of the Property or the Project must not hinder, delay or stop the development, processing or construction of the Project, approval of the Future Approvals, or issuance of ministerial permits or approvals, unless the third party obtains a court order preventing the activity 73 Reimbursement and Apportionment Although the parties do not contemplate a condition of a Future Approval requiring excess capacity or size of required dedications or public facilities beyond that required by the Applicable Rules, nothing in this Agreement precludes the City or Vistamar from entering into any reimbursement agreements for the portion (if any) of the cost of any dedications, public facilities and/or infrastructure that the City, pursuant to this Agreement, may require pursuant to the Applicable Rules as conditions of the Future Approvals, to the extent that they are in excess of those reasonably necessary to mitigate the impacts of the Project or development on the Property 8 Modification/SuMension Pursuant to Government Code Section 65869 5, in the event that any state or federal law or regulation, enacted after the Effective Date (as defined in Section 18), precludes compliance with any provision of this Agreement, such provision must be deemed modified or suspended to the extent practicable to comply with such state or federal law or regulation, as reasonably determined necessary by City Upon repeal of said law or regulation or the occurrence of any other event removing the effect thereof upon the Agreement, the provisions hereof must be restored to their full original effect Demonstration of Good Faith Compliance 91 Review of Compliance In accordance with Government Code Section 65965 1, this Section 9 and the Applicable Rules, once each year, on or before each anniversary of the Effective Date ( "Periodic Review "), the Director must review the extent of Vistamar's good faith substantial compliance with the terms and provisions of this Agreement as well as the performance by the City of its obligations under this Agreement 92 Good Faith Compliance During each Periodic Review, Vistamar must demonstrate by written status report that, during the preceding twelve (12) month period, that it -6- 75 has been in good faith compliance with this Agreement For purposes of this Agreement, the phrase "good faith compliance" must mean that Vistamar has demonstrated that it has acted in a commercially reasonable manner (taking into account the circumstances which then exist) and in good faith in and has substantially complied with Vistamar's material obligations under this Agreement 93 Information to be Provided to Vistamar The City must deliver to Vistamar a copy of all staff reports prepared in connection with a Periodic Review, any prior staff reports generated during the review period, written comments from the public and, to the extent practical, all related exhibits concerning such Periodic Review concurrently with delivery of the Request Notice, but in no event later than six (6) business days before the Director's submittal of a report setting forth his or her determination as to the results of the Periodic Review Upon Vistamar's request, Vistamar must be given a full and adequate opportunity to be heard orally and in writing regarding its performance and, at its option, the City's performance under the Agreement before the completion of the Director's Periodic Review 94 Notice Of Non - Compliance, Cure Rights If at the completion of any Periodic Review, the Director reasonably concludes on the basis of substantial evidence that as to any parcel or parcels comprising the Property (1) Vistamar has not demonstrated that it is in good faith compliance with this Agreement, and (u) that Vistamar is out of compliance with a specific substantive term or provision of this Agreement, then the Director may issue and deliver to Vistamar a written Notice of Violation as set forth in Section 11 1 below 95 Failure of Periodic Review The City's failure to review, at least annually, compliance by Vistamar with the terms and conditions of this Agreement must not constitute or be asserted by any Party as a breach by any other Party of this Agreement 10 Excusable Delays Performance by any Party of its obligations hereunder, other than payment of fees and other monetary assessments, must be excused during any period of "Excusable Delay," as hereinafter defined, provided that the Party claiming the delay gives notice of the delay to the other Parties as soon as reasonably possible after the same has been ascertained For purposes hereof, Excusable Delay shall mean fire, flood, explosion, acts of terrorism, war, embargo, government action, civil or military authority, the natural elements, or other similar causes beyond the Parties' reasonable control The term of this Agreement must be extended by any period of Excusable Delay 11 Default Provisions 11 1 Default Either party to this Agreement is deemed to have breached this Agreement if it materially breaches any of the provisions of the Agreement and the same is not cured within the time set forth in a written notice of violation (the "Notice of Violation ") from the non - breaching party to the breaclung party, which period of time must not be less than ten (10) days for monetary defaults, and not less than sixty (60) days for non - monetary defaults from the date that the notice is deemed received, provided if the breaching party cannot reasonably cure a non - monetary breach within the time set forth in the notice, then the breaching party must not be in default if it commences to cure the breach within such time limit and diligently effects such cure thereafter If the City determines to proceed with termination of this Agreement, the el! 176 City must given written notice to Vistamar of its intention to terminate this Agreement and comply with the notice and public hearing requirements of Government Code Sections 65867 and 65868 At the time and place set for the hearing on termination, Vistamar must be given an opportunity to be heard If the Council finds based upon the evidence that Vistamar is in breach of the Agreement, the Council may modify or terminate this Agreement 11.2 Content of Notice of Violation Every Notice of Violation must state with specificity that it is given pursuant to this section of the Agreement, the nature of the alleged breach, (including references to the pertinent provisions of this Agreement and Applicable Rules), the portion of the Property involved, and the manner in which the breach may be satisfactorily cured. The notice must be deemed given on the date that it is personally delivered or on the date that is three (3) business days after it is deposited in the United States mail, in accordance with Section 19 hereof 12 Mortgagee Protection If during the term of this Agreement, Vistamar becomes the owner of the Property, this Agreement must not prevent or limit Vistamar, in any manner, at Vistamar's sole discretion, from encumbering the Property or any portion thereof or any improvements thereon by any mortgage, deed of trust or other security device. The City acknowledges that the lender(s) providing such financing ( "Mortgagee ") may require certain Agreement interpretations and agrees, upon request, from time to time, to meet with Vistamar and representatives of such lender(s) to provide within a reasonable time period the City's response to such requested interpretations. The City will not unreasonably withhold its consent to any such requested interpretation, provided that such interpretation is consistent with the intent and purposes of this Agreement Any Mortgagee of a mortgage or a beneficiary of a deed of trust or any successor or assign thereof, including without limitation the purchaser at ajudicial or non judicial foreclosure sale or a person or entity who obtains title by deed -m -lieu of foreclosure on the Property must be entitled to the following rights and privileges 12 1 Mortgage Not Rendered Invalid Neither entering into this Agreement nor a breach of this Agreement must defeat, render invalid, diminish, or impair the priority of the hen of any mortgage or deed of trust on the Property made in good faith and for value No Mortgagee must have an obligation or duty under this Agreement to perform Vistamar's obligations, or to guarantee such performance, before taking title to all or a portion of the Property 122 Request for Notice to Mortgagee The Mortgagee of any mortgage or deed of trust encumbering the Property, or any part thereof, who has submitted a request in writing to the City in the manner specified herein for giving notices, must be entitled to receive a copy of any Notice of Violation delivered to Vistamar 123 Mortgagee's Time to Cure The City must provide a copy of any Notice of Violation to the Mortgagee within ten (10) days of sending the Notice of Violation to Vistamar The Mortgagee must have the right, but not the obligation, to cure the default for a period of thirty (30) days after receipt of such Notice of Violation. Notwithstanding the foregoing, if such default must be a default which can only be remedied by such Mortgagee obtaining possession of a Property, or any portion thereof, and such Mortgagee seeks to obtain possession, such Mortgagee must have until thirty (30) days after the date of obtaining such possession to cure or, 10 17'7 if such default cannot reasonably be cured within such period, to commence to cure such default, provided that such default is cured no later than one (1) year after Mortgagee obtains such possession 124 Cure Rights Any Mortgagee who takes title to all of the Property, or any part thereof, pursuant to foreclosure of the mortgage or deed of trust, or a deed in lieu of foreclosure, must succeed to the rights and obligations of Vistamar under this Agreement as to the Property or portion thereof so acquired, provided, however, in no event must such Mortgagee be liable for any defaults or monetary obligations of Vistamar ansmg before acquisition of title to the Property by such Mortgagee, except that any such Mortgagee must not be entitled to a building permit or occupancy certificate until all delinquent and current fees and other monetary or nonmonetary obligations due under this Agreement for the Property, or portion thereof acquired by such Mortgagee, have been satisfied 125 Bankruptcy If any Mortgagee is prohibited from commencing or prosecuting foreclosure or other appropriate proceedings in the nature of foreclosure by any process or injunction issued by any court or by reason of any action by any court having jurisdiction of any bankruptcy or insolvency proceedings involving Vistamar, the times specified in Section 12 3 above must be extended for the period of the prohibition, except that any such extension must not extend the term of this Agreement 126 Disaffirmation If this Agreement is terminated as to any portion of the Property by reason of (i) any default or (n) as a result of a bankruptcy proceeding, this Agreement is disaffirmed by a receiver, liquidator, or trustee for Vistamar or its property, the City, if requested by any Mortgagee, must negotiate in good faith with such Mortgagee for a new development agreement for the Project as to such portion of the Property with the most senior Mortgagee requesting such new agreement This Agreement does not require any Mortgagee or the City to enter into a new development agreement pursuant to this Section 13 Estoppel Certificate At any time and from time to time, any Vistamar agent may deliver written notice to City and City may deliver written notice to Vistamar requesting that such party certify in writing that, to the knowledge of the certified Party (i) this Agreement is in full force and effect and a binding obligation of the Parties, (u) this Agreement has not been amended, or if amended, the identity of each amendment, and (iii) the requesting Party is not in breach of this Agreement, or if in breach, a description of each such breach The Party receiving such a request must execute and return the certificate within thirty (30) days following receipt of the notice The failure of the City to deliver such a written notice within such time must constitute a conclusive presumption against the City that, except as may be represented by Vistamar, this Agreement is in full force and effect without modification, and that there are no uncured defaults in the performance of Vistamar The Director must be authorized to execute, on behalf of the City, any Estoppel Certificate requested by Vistamar City acknowledges that a certificate may be relied upon by successors in interest to Vistamar who requested the certificate and by holders of record of deeds of trust on the portion of the Property in which that Vistamar has a legal interest 14 Administration of Agreement WE UN 141 Appeal of Staff Determinations Any decision by City staff concerning the interpretation and administration of this Agreement and development of the Property in accordance herewith may be appealed by Vistamar pursuant to the El Segundo Municipal Code Vistamar must not seek judicial review of any staff decision without first having exhausted its remedies pursuant to this section 142 Operating Memoranda The provisions of this Agreement require a close degree of cooperation between City and Vistamar During the Term of this Agreement, clarifications to this Agreement and the Applicable Rules may be appropriate with respect to the details of performance of City and Vistamar If and when, from time to time, during the term of this Agreement, City and Vistamar agree that such clarifications are necessary or appropriate, they must effectuate such clarification through operating memoranda approved in writing by City and Vistamar, which, after execution, must be attached hereto and become part of this Agreement and the same maybe further clarified from time to time as necessary with future written approval by City and Vistamar Operating memoranda are not intended to and cannot constitute an amendment to this Agreement or allow a Major Modification to the Project but are mere ministerial clarifications, therefore public notices and hearings must not be required The city manager, or designee, is authorized to execute such operating memoranda without further City Council action 143 Certificate of Performance Upon the completion of the Project, or upon performance of this Agreement or its earlier revocation and termination, the City must provide Vistamar, upon Vistamar's request, with a statement ( "Certificate of Performance ") evidencing said completion or revocation and the release of Vistamar from further obligations hereunder, except for any ongoing obligations hereunder The Certificate of Performance must be signed by the appropriate agents of Vistamar and the City and must be recorded in the official records of Los Angeles County, California Such Certificate of Performance is not a notice of completion as referred to in California Civil Code Section 3093 15 Amendment or Termination by Mutual Consent Except as otherwise set forth herein, this Agreement may only be amended or terminated, in whole or in part, by mutual consent of City and Vistamar, and upon compliance with the provisions of Government Code Section 65867 16 Indemnification/Defense 161 Indemnification Vistamar agrees to indemnify and hold the City harmless from and against any claim, action, damages, costs (including, without limitation, attorney's fees), injuries, or liability, ansmg from this Agreement Should the City be named in any suit, or should any claim be brought against it by suit or otherwise, whether the same be groundless or not, ansmg out of this Agreement, Vistamar agrees to defend the City (at the City's request and with counsel satisfactory to the City) and will indemnify the City for anyjudgment rendered against it or any sums paid out in settlement or otherwise For purposes of this section "the City" includes the City of El Segundo's elected officials, appointed officials, officers, and employees Vistamar is not liable for property damage or bodily injury to the extent occasioned by the active negligence of City or its agents or employees 10- i-3 17 Time of Essence Time is of the essence for each provision of this Agreement of which time is an element 18 Effective Date This Agreement must become operative on the date the Enabling Ordinance becomes effective (the "Effective Date ") pursuant to Government Code Section 36937 19 Notices All notices and other communications given pursuant to this Agreement must be in writing and must be deemed received when personally delivered or upon the third (3rd) day after deposit in the United States mail, registered or certified, postage prepaid, return receipt requested, to the Parties at the following addresses If to City City of El Segundo 350 Main Street El Segundo, CA 90245 Attention City Clerk With a Copy to Jenkins & Hogm LLP Manhattan Towers 1230 Rosecrans Avenue, Suite 110 Manhattan Beach, CA 90266 Attention Mark D Hensley, Esq With a Copy to City of El Segundo 350 Main Street El Segundo, CA 90245 Attention Planning and Building Safety Director If to Vistamar: Vistamar School 737 Hawaii Street El Segundo, CA 90245 Attention Jean Campbell With a Copy to Armbruster & Goldsmith LLP 10940 Wilshire Boulevard Suite 2100 Los Angeles, CA 90024 Attention Dale J Goldsmith, Esq or A J Jarasunas, Esq Any Party may, from time to time, by written notice to the other, designate a different address which must be substituted for the one above specified. 20 Entire Agreement This Agreement contains the entire agreement between the Parties regarding the subject matter hereof, and all prior agreements or understandings, oral or written, are hereby merged herein This Agreement must not be amended, except as expressly provided herein -11- i 21 Waiver No waiver of any provision of this Agreement constitutes a waiver of any other provision, whether or not similar, nor must any such waiver constitute a continuing or subsequent waiver of the same provision No waiver is be binding, unless it is executed in writing by a duly authorized representative of the Party against whom enforcement of the waiver is sought 22 Severability If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this Agreement is effective to the extent the remaining provisions are not rendered impractical to perform, taking into consideration the purposes of this Agreement 23 Relationship of the Parties Each Party acknowledges that, in entering into and performing under this Agreement, it is acting as an independent entity and not as an agent of any of the other Party in any respect Nothing contained herein or in any document executed in connection herewith must be construed as creating the relationship of partners, joint ventures or any other association of any kind or nature between City and Vistamar, jointly or severally 24, No Third Party Beneficiaries This Agreement is made and entered into for the sole benefit of the Parties and their successors in interest No other person or party has any right of action based upon any provision of this Agreement 25 Recordation of Agreement and Amendments This Agreement and any amendment thereof must be recorded with the County Recorder of the County of Los Angeles by the City Clerk of City 26 Cooperation Between City and Vistamar City and Vistamar must execute and deliver to the other all such other and further instruments and documents as may be reasonably necessary to carry out the purposes of this Agreement Upon satisfactory performance by Vistamar, and subject to the continuing cooperation of Vistamar, City will commence and in a timely manner proceed to complete all steps necessary for the implementation of this Agreement and development of the Project or Property in accordance with the terms of this Agreement 27 Rules of Construction The captions and headings of the various sections and subsections of this Agreement are for convenience of reference only, and they must not constitute a part of this Agreement for any other purpose or affect interpretation of the Agreement Should any provision of this Agreement be found to be in conflict with any provision of the Project Approvals or the Subsequent Approvals, the provisions of this Agreement must prevail over the Project Approvals 28 Joint Preparation This Agreement must be deemed to have been prepared jointly and equally by the Parties, and it must not be construed against any Party on the ground that the Party prepared the Agreement or caused it to be prepared 29 Governing Law and Venue This Agreement is made, entered into, and executed in the County of Los Angeles, California, and the laws of the State of California must govern its interpretation and enforcement Any action, suit or proceeding related to, or ansmg from, this Agreement must be filed in the appropriate court having jurisdiction in the County of Los Angeles -12- s 31 Counterparts This Agreement may be executed in multiple counterparts, each of winch must be deemed an original, but all of which constitute one and the same instrument 32 Not a Public Dedication Except as otherwise expressly provided herein, nothing herein contained must be deemed to be a gift or dedication of the Property, or of the Project, or any portion thereof, to the general public, for the general public, or for any public use or purpose whatsoever, it being the intention and understanding of the Parties that this Agreement be strictly limited to and for the purposes herein expressed for the development of the Project as private property V istamar must have the right to prevent or prohibit the use of the Property, or the Project, or any portion thereof, including common areas and buildings and improvements located thereon, by any person for any purpose which is not consistent with the development of the Project -13- 82 IN WITNESS WHEREOF, Vistamar and City of El Segundo have executed this Development Agreement on the date first above written ATTEST City Clerk APPROVED AS TO FORM MARK D HENSLEY, City Attorney Karl H Berger, Assistant City Attorney CITY CITY OF EL SEGUNDO, a municipal corporation Lo Mayor VISTAMAR Vistamar School, a California non -profit corporation By_ Its By _ Its -14- LION EXHIBIT A PROPERTY DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS THE SOUTHEASTERLY 153 00 FEET OF LOT 28, AND ALL OF LOT 20 TRACT 26557, IN THE CITY OF EL SEGUNDO, AS PER MAP RECORDED IN BOOK 675 PAGES 95 TO 98 INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY SAID TRACT NO 26557, IN A SUBDIVISION OF THE SURFACE AND THAT PORTION OF THE SUBSURFACE WHICH LIES ABOVE A PLANE 450 FEET BELOW THE MEAN LOW WATER LEVEL OF THE PACIFIC OCEAN (AS SAID MEAN LOW WATER LEVEL IS ESTABLISHED BY U S COAST AND GEODETIC SURVEY BENCH MARKS ALONG THE SHORELINE) EXCEPT ALL OIL, GAS, ASPHATUM AND OTHER HYDROCARBONS AND OTHER MINERALS, WHETHER SIMILAR TO THOSE HEREIN SPECIFID OR NOT, WITHIN OR THAT MAYBE PRODUCED FROM SAID LAND, PROVIDED, HOWEVER, THAT THE SURFACE OF SAID LAND SHALL NEVER BE USED FOR THE EXPLORATION, DEVELOPMENT, EXTRACTION, REMOVAL OR STORAGE OF SAID OIL, GAS, ASPHALTUM AND OTHER HYDROCARBONS AND OTHER MINERALS AND FURTHER PROVIDED THAT NO INSTALLATION CONSTRUCTED THEREON SHALL BE DISTRUBED IN ANY MANNER IN EXTRACTING SAID RESERVED MINERALS, AS RESERVED IN THE DEED FORM STANDARD OIL COMPANY OF CALIFORNIA, RECORDED DECEMBER 20, 1960 AS INSTRUMENT NO 1622 IN BOOK D1069 PAGE 898, OFFICIAL RECORDS -15- EXHIBIT B Recording Requested By and When Recorded Mail To Armbruster & Goldsmith LLP 10940 Wilshire Boulevard, Suite 2100 Los Angeles, California 90024 Atm Dale Goldsmith, Esq ASSIGNMENT AND ASSUMPTION AGREEMENT This ASSIGNMENT AND ASSUMPTION AGREEMENT ("Agreement) is made and entered into by and between VISTAMAR SCHOOL, a California non -profit corporation ( "Assignor"), and RECITALS ( "Assignee "). A The City of El Segundo ( "City ") and Assignor entered into that certain Development Agreement dated , 2005 (the "Development Agreement "), with respect to the real property located in the City of El Segundo, State of California more particularly described in Exhibit "A" attached hereto (the "Project Site"), and B Assignor has obtained from the City certain development approvals and permits with respect to the development of the Project Site, including without limitation, approval of a Conditional Use Permit for the Project Site (collectively, the "Project Approvals ") C Assignor intends to sell, and Assignee intends to purchase the Project Site D In connection with such purchase and sale, Assignor desires to transfer all of the Assignor's right, title, and interest in and to the Development Agreement and the Project Approvals with respect to the Project Site Assignee desires to accept such assignment from Assignor and assume the obligations of Assignor under the Development Agreement and the Protect Approvals with respect to the Project Site THEREFORE, the parties agree as follows 1 Assignment Assignor hereby assigns and transfers to Assignee all of Assignor's right, title, and interest in and to the Development Agreement and the Project Approvals with respect to the Project Site Assignee hereby accepts such assignment from Assignor 2 Assumption Assignee expressly assumes and agrees to keep, perform, and fulfill all the terms, conditions, covenants, and obligations required to be kept, performed, and fulfilled by Assignor under the Development Agreement and the Project Approvals with respect to the Project Site, including but not limited to those obligations specifically allocated to the Project Site as set forth on Exhibit "C" attached hereto 16- 855 3 Effective Date The execution by City of the attached receipt for this Agreement must be considered as conclusive proof of delivery of this Agreement and of the assignment and assumption contained herein This Agreement must be effective upon its recordation in the Official Records of Los Angeles County, California, provided that Assignee has closed the purchase and sale transaction and acquired legal title to the Transferred Property IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the dates set forth next to their signatures below "ASSIGNOR" VISTAMAR SCHOOL, a California non - profit corporation Date By Its. "ASSIGNEE" a Date By Its -17- 86 RECEIPT BY CITY The attached ASSIGNMENT AND ASSUMPTION AGREEMENT is received by the City of El Segundo on this day of CITY OF EL SEGUNDO Planning and Building Safety Director or designee ., Square Feet: Business License Tax: Sales Tax: Use Tax: Utility Tax: Property Tax: Annual Total: EXHIBIT "D" Public Benefit Calculation Worksheet 75,640 First ten employees /5,000 sf $ 70,640 SF @ 21 /sf 141 employees @ $109 /employees ( *) Would be subject to paying Would be subject to paying Would be subject to paying Would be subject to paying Total Public Benefit over 10 years ( * *): (To be paid upon issuance of certificate of occupancy) Total Public Benefit over 20 years ( * *): Difference to be paid in year 11 ( * * *) Notes: 0000 14,834 40 15,369 00 $30,20340 $185,586.82 $ 257,138.57 $ 71,551.75 ( *) After the initial ten employees, the square footage per employee is based on the parking on site, which is approximately 2 spaces per 1,000 square feet ( * *) Net present value was computed using a discount rate of 10% ( * * *) The Public Benefit Calculation was originally discussed as the present value of 20 years of various business taxes, assuming Vistamar purchases a building in El Segundo However, Vistamar is leasing 737 Hawaii for 10 years and will pay the 10 -year benefit upon occupancy by the school If Vistamar School continues to occupy the building after the expiration of the initial 10 -year lease term, whether by lease extension or purchase, it will pay the balance of the benefit calculated over 20 years, or $71,551 75, to the City of El Segundo on the 10" anniversary of the issuance of a certificate of occupancy for the school at 737 Hawaii Street -21- (1) STATE OF CALIFORNIA ) ) SS COUNTY OF ) On 2005, before me, , a Notary Public, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he /she executed the same in his/her authorized capacity, and that by his/her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument WITNESS my hand and official seal Signature STATE OF CALIFORNIA ) SS COUNTY OF (Seal) On 2005, before me, , a Notary Public, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he /she executed the same in his/her authorized capacity, and that by his /her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument WITNESS my hand and official seal 19- 88 City of El Segundo Fees: 1 N 3 F1 5 EXHIBIT "C" DEVELOPMENT FEE SCHEDULE Police Service Mitigation Fee $0 11 per gross floor area Fire Service Mitigation Fee $0 14 per gross floor area Library Service Mitigation Fee $0 03 per gross floor area Traffic Mitigation Fee Per City Council Resolution No 3969 adopted May 21, 1996 Water Meter Installation Fees Per Title 14 of El Segundo Municipal Code -20- 89 EL SEGUNDO CITY COUNCIL AGENDA ITEM STATEMENT MEETING DATE: April 5, 2005 AGENDA HEADING. Consent Agenda Consideration and possible action regarding adoption of a Resolution authorizing the City of El Segundo to continue participating in the Los Angeles Urban County Community Development Block Grant (CDBG) Program for the next three year cycle for the Federal Fiscal Years 2006 -2008 (July 1, 2006 through June 30, 2009) (Fiscal Impact None) RECOMMENDED COUNCIL ACTION. 1 Adopt Resolution authorizing continued participation in the Los Angeles Urban County Community Development Block Grant (CDBG) Program, for the next three years effective July 1, 2006 through June 30, 2009, 2 Authorize the City Manager to enter Into a Cooperation Agreement between the City of El Segundo and the County of Los Angeles Community Development Commission approved as to form by the City Attorney, and /or, 3 Alternatively, discuss and take other action related to this item BACKGROUND & DISCUSSION. The City of El Segundo has actively participated in the Los Angeles Urban County Community Development Block Grant Program (CDBG) since 1976 The Los Angeles County Community Development Commission (CDC) administers the Los Angeles County CDBG Program The County CDBG Program operates on a three -year funding cycle The current three -year funding cycle will expire on June 30, 2006 In order to continue participation in the Urban County CDBG Program, the City of El Segundo must execute a new Cooperation Agreement for the next three -year funding cycle, effective July 1, 2006 through June 30, 2009 (continued on next pa e) ATTACHED SUPPORTING DOCUMENTS- 1 City Council Resolution FISCAL IMPACT* NONE Operating Budget N/A Amount Requested, NIA Account Number- N/A Project Phase- NIA Appropriation Required- -Yes x No ORIGINATED BY . -�'- �T DATE. ary S nn, City Manager 9 131 BACKGROUND & DISCUSSION (continued) Page 2 Continued participation in the Urban County's CDBG Program is predicated upon the continuation of the CDBG Program Should the program be altered or discontinued, the City would no longer be required to participate under the Cooperation Agreement Annually, the City receives approximately $100,000 in CDBG funds These funds support public service activities, removal of architectural /physical impediments to ease mobility and accessibility for the disabled, minor housing rehabilitation and residential sound insulation projects The City's ongoing participation in the Los Angeles Urban County CDBG Program ensures that these vital community service protects continue uninterrupted The proposed Cooperation Agreement is similar to the existing Agreement under which the City is currently operating The Agreement uses standard language approved by the County, County Counsel, and the Federal Housing and Urban Development Department (HUD) Once the Agreement is approved by the City Council and signed by the City Manager, it will be forwarded to the County Board of Supervisors for approval before submission to HUD P \Planning & Building Safety\CDBG \CDBG ccmtg 3yrcoopagr 2006 -2008 92 RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO AUTHORIZING AND APPROVING THE EXECUTION FOR FISCAL YEARS 2006 -2008 COOPERATION AGREEMENT BETWEEN THE LOS ANGELES URBAN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (CDBG) AND THE CITY OF EL SEGUNDO The City Council of the City of El Segundo does resolve as follows SECTION 1 The City Council finds and declares that A The Los Angeles Urban County Community Development Block Grant (CDBG) Program requires a fully executed Cooperation Agreement for a participating city to receive Community Development Block Grant funds, B The City of El Segundo has an opportunity to participate in the CDBG Program for another three year period, July 1, 2006 though June 30, 2009, C The city has participated in the CDBG Program since 1976, D A number of projects that have benefited the community have been funded through the CDBG program including public service projects, housing rehabilitation and removal of architectural /physical impediments to ease mobility and accessibility for the disabled, and E The participation in the CDBG Program allows the City to control its own allocation of CDBG funds provided that the program selections meet CDBG regulations regarding elimination of slum and blight and addressing the needs of low and moderate - income households SECTION 2 The City Council of the City of El Segundo approves the Agreement with the County of Los Angeles Community Development Commission to participate in the Community Development Block Grant program for a 3 -year period from July 1, 2006 through June 30, 2009 SECTION 3 The City Manager is authorized to execute any required documents to enter into an Agreement with Los Angeles County as described in this Resolution SECTION 4 The City Clerk is directed to certify the adoption of this Resolution, record this Resolution in the book of the City's original resolutions, and make a minute of the adoption of the Resolution in the City Council's records and the minutes of this meeting -I- !) I SECTION 5, This resolution will become effective immediately upon adoption and will remain effective unless repealed or superseded PASSED, APPROVED, AND ADOPTED this 5th day of April 2005 Kelly McDowell, Mayor STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO 1 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 5ch day of April 2005, and the same was so passed and adopted by the following roll call vote AYES NOES ABSENT ABSTAIN ATTEST Cindy Mortesen, City Clerk APPROVED A Mark D Hen By K rl BE Assistant I -2- 94 EL SEGUNDO CITY COUNCIL MEETING DATE. April 5, 2005 AGENDA ITEM STATEMENT AGENDA HEADING Consent Agenda AGENDA DESCRIPTION: Consideration and possible action regarding adopting a Resolution to preserve the Community Development Block Grant (CDBG) Program within the Department of Housing and Urban Development and provide Fiscal Year 2006/2007 funding (Fiscal Impact — None) RECOMMENDED COUNCIL ACTION: 1 Adopt Resolution requesting Congress to preserve the Community Development Block Grant (CDBG) Program within the Department of Housing and Urban Development and provide Fiscal Year 2006/2007 funding, and /or, 2 Alternatively, discuss and take other action related to this item. BACKGROUND & DISCUSSION. The City of El Segundo has actively participated in the federal Community Development Block Grant Program (CDBG) since 1976 The Los Angeles County Community Development Commission (CDC) administers the Los Angeles County CDBG Program. Our participation in the Los Angeles Urban County CDBG Program has successfully provided a vital array of public service programs and housing revitalization services to the residents of our community. The current Federal Administration's Fiscal Year 200612007 Budget proposes the complete elimination of the CDBG Program Elimination of the CDBG Program would impact some of the residents of El Segundo, other cities, counties, and states to meet community, economic and affordable housing needs principally for persons of low to moderate income Annually, the City receives approximately $100,000 in CDBG funds These funds support public service activities, removal of architectural /physical impediments to ease mobility and (continued on next page ) ATTACHED SUPPORTING DOCUMENTS. City Council Resolution Fact Sheet — Elimination of the CDBG Program- Impact on Los Angeles County FISCAL IMPACT* NONE Operating Budget- N/A Amount Requested- NIA Account Number* NIA Project Phase: N/A Appropriation Required —Yes x No ORIGINATED BY: DATE: 3 Zp Z�S sue. Seimone Jurps, irec Or of Planning and Budding Safety /Actmq City Engineer REVIEWED BY: DATE: l 10 Mary Str City Manager 30�� 95 BACKGROUND & DISCUSSION (continued) Page 2 accessibility for the disabled, minor housing rehabilitation and residential sound Insulation projects Preserving the CDBG Program ensures that these community service projects continue uninterrupted The Los Angeles County Community Development Commission requests that the El Segundo City Council adopt a resolution supporting the continuation of the CDBG Program and urging the United States Congress to restore the CDBG Program's current funding P \Planning & Budding Safety \CDBG \CDBG ccmtg 4 5 05 congress 9 tt "a RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO SUPPORTING THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM The City Council of the City of El Segundo does resolve as follows SECTION 1 The City Council finds and declares that A The Community Development Block Grant (CDBG) Program was enacted and signed into law by President Gerald Ford, as the centerpiece of the Housing and Community Development Act of 1974, B The CDBG Program has as its primary objective "the development of viable urban communities, by providing decent housing and a suitable living environment and expanding economic opportunities, principally for persons of low and moderate income, C CDBG Program allows communities to carry out activities that are tailored to their unique affordable housing and neighborhood revitalization needs, and D Throughout its 30 -year history, the CDBG Program has been a partnership among the federal state and local governments, business, and the nonprofit sector which carry out activities that improve the lives and neighborhoods of low and moderate income, E The City of El Segundo uses CDBG funds annually in the amount of approximately $100,000 to support public service activities, removal of architectural /physical impediments to ease mobility and accessibility for the disabled, minor housing rehabilitation and residential sound insulation projects, and F The Federal FY 2006 budget proposes to eliminate the CDBG program, and G Should such a proposal be enacted it would effect El Segundo's CDBG program by forcing the City to either eliminate its CDBG program, or fund through the General Fund SECTION 2 Council of the City of El Segundo, California hereby asks the Congress to preserve the Community Development Block Grant Program within the Department of Housing and Urban Development and provide FY 2006 funding at the current FY 2005 funding level 4- 97 SECTION 3 The City Clerk is directed to certify the adoption of this Resolution, record this Resolution to the book of the City's original resolutions, and make a minute of the adoption of the Resolution in the City Council's records and the minutes of this meeting SECTION 4 This resolution will become effective immediately upon adoption and will remain effective unless repealed or superseded PASSED, APPROVED, AND ADOPTED this 5th day of April 2005 Kelly McDowell, Mayor 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 5th day of April 2005, and the same was so passed and adopted by the following roll call vote AYES NOES ABSENT ABSTAIN ATTEST Cindy Mortesen, City Clerk APPROV06e Mark D H By , Assistant City/ -2- ma. MLOJ ELIMINATION OF THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM: IMPACT ON LOS ANGELES COUNTY Background The Community Development Block Grant (CDBG) program funds a broad range of housing revitalization, community and economic development activities, job creation, and public services, primarily for the benefit of low- and moderate - income persons Except for set - asides, CDBG funds are allocated by formula to state and local governments Total CDBG funding was cut from $4 93 billion in FY 2004 to $4 85 billion in FY 2005 with formula grant funding decreasing from $4 33 billion to $4 11 billion Total CDBG formula grant funding for state and local governments in California fell from $555 million in FY 2004 to $526 million in FY 2005 The President's FY 2006 Budget proposes to eliminate the CDBG program impact on Los Angeles County The President's proposal to eliminate the CDBG program would hurt the County's economically disadvantaged residents, who are main beneficiaries of CDBG- funded services According to 2000 Census data, poverty rates for households within the County were higher than the national average 15 1% versus 11 8% In fact, the County had more poor residents than any single state, except for New York, Texas, and California. In FY 2005, a combined total of $184 3 million in CDBG formula grants have been allotted to local governments in Los Angeles County, including $34 6 million to the County of Los Angeles, which operates the nation's largest Urban County CDBG program Los Angeles County receives CDBG funds for the Urban County which is comprised of the unincorporated areas represented by five Supervisorial Districts and 48 of the 88 cities in Los Angeles County The CDC administers the CDBG program for the unincorporated areas of the Supervisorial Districts The 48 cities participating in the Urban County program, as subrecipients, are permitted to administer and implement their individual programs The CDC oversees the planning, reporting and compliance for the Urban County grant Approximately one -half of the funding is allocated to the five Supervisonal districts Each Supervisor funds activities to benefit residents and businesses in the unincorporated areas of their district Over the past four years, CDBG funds have assisted Los Angeles County residents by • Providing nearly 2 million units of services through after - school and recreation programs to over 156,000 youth, • Providing over 800,000 services, including meals, case management, and other needed services to over 67,000 seniors; • Rehabilitating close to 7,000 homes, • Developing almost 9,000 affordable housing units, and • Creating or preserving over 2,000 jobs. Eliminating the CDBG program would result in the curtailment of such needed services as well as the many community and economic development projects and public infrastructure improvements that have been funded by CDBG In addition, its elimination could lead to defaults on existing loans for community and economic development projects that are being repaid using CDBG funds 90 EL SEGUNDO CITY COUNCIL MEETING DATE April 5, 2005 AGENDA ITEM STATEMENT AGENDAHEADING: Consent Agenda AGENDA DESCRIPTION Consideration and possible action regarding a proposal by the Planning and Building Safety Department (PBS) to revise an existing class specification for the position of Senior Planner RECOMMENDED COUNCIL ACTION: 1 Approve the Senior Planner class specification, 2 Alternatively, discuss and take other action related to this action BACKGROUND & DISCUSSION The Senior Planner position in the PBS Department has recently been vacated Staff has reviewed and updated the fob description for the Senior Planner Position to accurately reflect the current duties of the position. There are no changes to the job description that would require an adjustment to be made to the salary range If approved, staff will immediately begin recruitment to fill the position The examination plan for Senior Planner was previously approved by the City Council on January 16, 2001 ATTACHED SUPPORTING DOCUMENTS 1 Class Specification for Senior Planner, and, 2 Original Class Specification for Senior Planner with strike outs FISCAL IMPACT Operating Budget: Amount Requested Account Number: Project Phase Appropriation Required-- Yes X No ORIGINATED BY- DATE: / 3 a9 z ooS Seimone Jupis, Director of Planning and Building Safety Department / Acting City Engineer REVIEWED BY DATE. -1i91 s, Mary Strenn, City Manager C \Documents and Setnngs\SJutpAocal ScunngsUerrporary Internet FdesMKOStaflReport Senwr Planner 4 5 051 doc 1 1 100 City of El Segundo, CA SENIOR PLANNER Job Description Job Code: 614 Definition. Under general supervision, performs the most difficult and complex professional - level work and protect management in current and long range City planning, and assists Planning Manager in supervising others involved in related planning activities 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: Assists in supervision of the preparation and review of current and long range planning protects, assists in supervision of staff and work involved in major protects and programs, conducts the most complex assignments that include review and analysis of planning applications, environmental issues, revisions to ordinances, preparation of modifications to the General Plan, the Local Coastal Plan and Specific Plans, prepares protect staff reports, recommendations and related documents, leads or participates in oral presentations to the Planning Commission and assists in oral presentations to the City Council as assigned Assists in the interpretation of planning policies and local ordinances, drafts policy statements, provides technical assistance both internally and externally regarding City planning and land use issues, represents the City on external committees as assigned, reviews and comments on other agencies' and regional plans, programs and environmental documents, coordinates planning activities with other departments, agencies, consultants and committees Coordinates protect activities with other protects, programs, departments or staff to ensure program delivery according to appropriate policies, procedures and specifications, resolves discrepancies or procedural problems Knowledge, Skills and Other Characteristics. Knowledge of theory, principles and practices of city /community planning Knowledge of zoning laws and ordinances, land use planning and related environmental regulations, including the California Environmental Quality Act Knowledge of site planning and architectural review Knowledge of building /engineering principles, architectural drawing and graphic illustration Knowledge of conflict resolution techniques Knowledge of research techniques Knowledge of contract administration Knowledge of principles and practices of supervision Skill in conducting short and long range planning studies Skill in developing and implementing policies and procedures Revised 03105 0 4 Senior Planner Skill in managing special projects, activities and programs Skill in conducting research and preparing clear, concise and comprehensive reports Skill in communicating effectively orally and in writing in a concise manner Skill writing and speaking effectively to non - technical audiences Skill in supervising, training, and motivating employees Skill in compiling, analyzing and synthesizing economic, environmental, demographic and other technical information Skill in applying applicable laws and regulations to planning projects Skill assessing and interpreting data and making appropriate recommendations Skill dealing constructively with conflict and developing effective solutions Skill operating typical office equipment, including personal computer and standard office programs, including but not limited to Microsoft Word and Microsoft Excel Skill establishing and maintaining effective working relationships with staff, other City employees, city boards and commissions, and the public Skill in working effectively as a member of a team Willingness to demonstrate a commitment to customer service orientation and values Willingness to demonstrate a commitment to continuing education and /or training to stay abreast with planning theory, planning practice, and legislative changes Qualifications* Graduation from an accredited college or university with a Bachelors degree in Urban Planning, Environmental Design, Environmental Studies, Architecture or a closely related field, and four (4) years of progressively responsible professional planning experience which includes experience leading or coordinating protect(s) or program(s), leading or coordinating staff, or an equivalent combination of education and experience Revised 03/05 1 / l 1 City of El Segundo, CA SENIOR PLANNER Job Description Job Code, 614 Definition Under general supervision, performs the most difficult and complex professional - level work and project management In current and long range City planning, and assists Planning Manager in suoervislnriothers Involved in related planning activities 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 Assists in Supervls)on of the preparation and review of current and long range planning projects, assists in supervision of staff and work Involved In major projects and programs, conducts the Assists in the Interpretation of planning policies and local ordinances, drafts policy statements, provides technical assistance both Internally and externally regarding City planning and land use Issues, represents the City on external committees as assigned, reviews and comments on other agencies' and regional plans, programs and environmental documents, coordinates planning activities with other departments, agencies, consultants and committees_ Coordinates project activities with other projects, programs, departments or staff to ensure program delivery according to appropriate policies, procedures and specifications, resolves discrepancies or procedural problems Knowledge. Skills and Other Characteristics- Knowledge of theory, principles and practices of city /community planning Knowledge of zoning laws and ordinances, land use planning and related environmental regulations including the California Environmental Quality Act Knowledge of site planning and architectural review Knowledge of building /engineering principles, architectural drawing and graphic illustration Knowledge of conflict resolution techniques Knowledge of research techniques Knowledge of contract administration Knowledge of principles and practices of supervision ,Skill In conducting short and long range planning studies Skill in developing and implementing policies and procedures PSPC (continued on reverse side) 03/05 Deleted supemses Deleted as Deleted as Deleted coordinates Deleted atlon of —� Deleted and (Deleted Panicipates m hmng and et"'U`eng li staff, establishes work melhotls and tstandards ll Formatted 3ustfied 1 Deleted ¶ 4 Knowledee. Skills and Other characteristics (Continued) ¶ Deleted 09 109 103 Senior Planner Skill in managing special projects, activities and programs Skill in conducting research and preparing clear, concise and comprehensive reports Skill in communicating effectively orally and in writing in a concise manner Skill writing and speaking effectively to non - technical audiences Skill in supervising, training, and motivating employees Skill in compiling, analyzing and synthesizing economic, environmental, demographic and other technical information Skill in applying applicable laws and regulations to planning projects Skill assessing and interpreting data and making appropriate recommendations ,Skill dealing constructively with conflict and developing effective solutions Skill operating typical office equipment, including personal computer and standard office programs including but not limited to Microsoft Word and Microsoft Excel Skill establishing and maintaining effective working relationships with staff, other City employees city boards and commissions, and the public Qualifications Graduation from an accredited college or university with a. Bachelors degree in Urban Planning, Environmental Design, Environmental Studies, Architecture or a closely related field, and four (4) years of progressively responsible professional planning experience which includes experience leading or coordinating project(s) or program(s), leading or coordinating staff, or an equivalent combination of education and experience PSPc 2 03105 {Fmoratted Lek Deleted evaluating Deleted. Skill —tang and speaking 1 effectively to non4echircal audiences tl Deleted A Deleted it Deleted 08100 1011 EL SEGUNDO CITY COUNCIL MEETING DATE- April 5, 2005 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION Consideration and possible action regarding award of contract to John T Malloy, Inc for Replacement of Water Lines 2003 -2004, located at 600 -1000 block of East Mariposa Avenue, 600 -1000 block of East Maple Avenue; 600 -700 block of Maryland Street and 600 -700 block of Bungalow Drive Approved Capital Improvement Program Project No PW -04 -06 (Contract amount = $496,021 50) RECOMMENDED COUNCIL ACTION: Recommendation — (1) Award contract to the lowest responsible bidder, John T Malloy, Inc in the amount of $496,021 50, (2) Authorize the City Manager to execute the Construction Contract on behalf of the City, (3) Alternatively discuss and take other action related to this item BACKGROUND & DISCUSSION On February 1, 2005, the City Council adopted the plans and specifications for replacement of water lines 2003 -2004 at various locations and authorized staff to advertise the project for receipt of construction bids (Background & Discussion continued on the next page ) ATTACHED SUPPORTING DOCUMENTS. 1 Bid results 2 Location Maps FISCAL IMPACT Capital Improvement Program $600,000 Amount Requested $585,000 Account Number- 501 - 400 - 7103 -8207 Project Phase Award of Contract Appropriation Required _Yes x No ORIGINATED BY DATE: 412- Seimone Jurp"irector of Planning and Buildi REVIEWED BY Mary St n, City Manager Final PW 04 -06 contract 04 -05 -05 105 BACKGROUND AND DISCUSSION: (continued) On March 8, 2005, the City Clerk received and opened nine (9) bids. The lowest bidder is, John T Malloy, Inc. Their references are favorable and they have previously been awarded a contract by the City for the replacement of water lines and completed that project to the satisfaction of City staff Staff recommends award of contract to John T. Malloy, Inc for $496,021 50. The total cost of the project, including project management, construction inspection and contingencies, is $585,000 10 F) Final PW 04 -06 contract 04 -05 -05 CITY OF EL SEGUNDO REPLACEMENT OF WATER LINES 2003 -2004 PROJECT NO. PW 04 -06 BID RESULTS NAME OF COMPANY AMOUNT John T Malloy, Inc $496,021 05 Engineered Plumbing, Inc $550,70000 Precision Pipeline, Inc $569,07200 Robert G Castongia, Inc $587,41600 R & L Sewers, Inc $597,83450 Mauch Brothers, Inc $652,08300 Pipeline Contractors, Inc $657,81000 Spiniello Companies $820,52000 J Desigio Construction, Inc $820,66200 PW 04 -06 Bid Results 04 -05-05 10'7 It��n CITY MAP kePLACEMON'r aF L1n;E'S Cecy o(6 ScB.. o 2003 — 2004 1 9INNIDI MVN 10 Al13 5313DNtl bb5 i0A1X00J & � a e a f u e 4 F / /i �❑ �� ❑ I�sn cu 1xN NLiWeLvp UA � -R.xx..., �l v�❑goer- �'' L..w. W Lxs.WAv®xaiW ❑LJ�_JIJ�OI w iumou sr L EAKARI AT 11 o� o� UA„roxx,N s o _ OM.i l ti TL LAUREL AV 7 Nluxon MARYLAND IT 4 z : a n �� r_ �x..o EE y � ❑L * 1 xe W ��w E�OJxT { Z r 1 Ew.ai tli Nay - ❑� 4 � Z .uutv.T U. L LJ� C � PIVf4 �� uvvN9R V TEARER IT IIII i IUCx..won F FGxb {�p\cN KN'� 1xa �.5 ❑LJr;;Lnnn�I�J` I$ B�� w ��H .. s�'3F�gYmFp y`j�".�.4 / _finO � s 3 6 N log ❑ cea o m° (1) 0 ICI J tiJ It��n EL SEGUNDO CITY COUNCIL MEETING DATE: April 5, 2005 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action regarding the award of contract to Y &M Construction for the 2004 -2005 Annual Contract for City -wide Curb, Curb and Gutter, Handicap Access Ramps, and Sidewalk Improvements and Other Minor Improvements - Project No PW 04- 11 — (Fiscal Impact = $130,000 00) RECOMMENDED COUNCIL ACTION: Recommendation — (1) Award contract to the lowest responsible bidder, Y &M Construction, in the amount of $130,000 00, (2) Authorize the City Manager to execute the contract on behalf of the City, (3) Alternatively discuss and take other action related to this item BACKGROUND & DISCUSSION. On November 16, 2004 the City Council approved plans and specifications and authorized staff to advertise the project for receipt of construction bids The project is an annual contract for curb and sidewalk repair throughout the City (Additional discussion on the next page...) ATTACHED SUPPORTING DOCUMENTS: Bid results FISCAL IMPACT. Operating Budget. Amount Requested: Account Number: Project Phase: Appropriation Required: $130,00000 $130,00000 001 -400- 4202 - 6206($41,550) 118- 400 - 8203 - 6206($ 8,450) 106- 400- 8203- 8604($45,000) 106- 400 - 8203- 8606($35,000) Award of contract No ORIGINATED BY. DATE, March 29, 2005 pales B Seimone Jurus, erector of Planning & Buildma Safetv /Actma Citv Enaineer REVIEWED BY: 13 Mary Strenn, City Manager BACKGROUND AND DISCUSSION (continued): On February 22, 2005, no bids were received by the City Clerk Subsequent calls to plan holders revealed that most had problems obtaining their bid bond in time due to Monday, February 21 being a holiday The project was re- advertised and on March 22, 2005 the City Clerk received and opened four (4) bids Staff recommends award of contract to the lowest responsible bidder, Y &M Construction The bids received are based on quantities of work so that unit prices could be established The amount of work actually performed will be paid at the unit prices bid and will not exceed $130,000 00 lilt BID RESULTS Y &M Construction $103,85000 Damon Construction Co $131,10000 CJ Construction, Inc $149,75000 4 Kalban, Inc $193,60000 �� r EZ EL SEGUNDO CITY COUNCIL AGENDA ITEM STATEMENT AGENDA MEETING DATE: April 5, 2005 AGENDA HEADING: Consent Consideration and possible action regarding awarding contracts to Cal -Air, Inc for the Clubhouse (located at 300 E Pine Avenue) HVAC Refurbishment - Project No PW 05 -04 (Fiscal Impact = $25,000 00), and to Best Roofing and Waterproofing, Inc for the Clubhouse Roof Refurbishment and Maintenance Project - Project No PW 05 -05 (Fiscal Impact = $16,921 00) RECOMMENDED COUNCIL ACTION: Recommendation — (1) Award contracts to the lowest, responsible bidders- Cal -Air, Inc for the Clubhouse HVAC Refurbishment in the amount of $25,000.00; and Best Roofing and Waterproofing, Inc for the Clubhouse Roof Refurbishment and Maintenance Project in the amount of $16,921.00; (2) Authorize the City Manager to execute the contracts on behalf of the City, and/or (3) Alternatively discuss and take other action related to this item. BACKGROUND &DISCUSSION: The Clubhouse is scheduled to reopen this spring These projects are part of a variety of maintenance and repairs scheduled to refurbish the facility The air conditioning systems and equipment require extensive repair and refurbishing, and one unit is in need of replacement The scope of the HVAC project includes rebuilding, repairing and replacing the system as required and that all units are put into good condition. The roof systems are in poor condition with several leaks around the air conditioning duct work and deteriorated areas. The scope of the roof project includes repair and refurbishment of the roof in order to extend the roof's working life for up to five years (Please see attached page marked "Background and Discussion ") ATTACHED SUPPORTING DOCUMENTS: Bid Results FISCAL IMPACT: Operating Budget: $41,921 00 Amount Requested: $41,921.00 Account Number: 301 -400- 8202 -8490 ($19,121.00) 405 - 400 - 000 -6215 ($20,000.00) 001 - 400 - 2601 - 6206($2,800 00) Project Phase: Award of Contract Appropriation Required: No ORIGI TED Y: DATE: J e , Assistant City Manager REVIEWED BY: DATE: 1 4 Mary nn, City Manager s , 11n Background and Discussion (con't): After advertising the projects for receipt of bids, the City Clerk, on March 15, 2005, received and opened one (1) bid for the HVAC Refurbishment Project and two (2) bids for the Roof Refurbishment and Maintenance Project. Staff contacted the low bidders' references The references were favorable and the bidders have completed similar projects. Staff recommends award of contracts to the lowest, responsible bidders. Cal -Air, Inc in an amount not to exceed $25,000.00, and Best Roofing and Waterproofing, Inc in an amount not to exceed $16,921 00. The total estimated cost of the projects is $41,921.00 113 City of El Segundo Bid Opening Results Tuesday, March 8, 2005 PW Project 05 -04 Company Bid Amount- Clubhouse Roof Refurbishment and Cal-Air Inc. Clubhouse HVAC Refurbishment 12393 Slauson Ave $25,000.00 Whittier, CA 90606 PW Project 05 -05 Company Bid Amount Clubhouse Roof Refurbishment and Best Roofing and Waterproofing, Inc Maintenance Project 19027 S Hamilton Ave $22,521 00 Gardena, CA 90248 Clubhouse Roof Refurbishment and J Cab & Sons Roofing Maintenance Project 4530 Pacific Way $44,840.00 Commerce, CA 90040 11, EL SEGUNDO CITY COUNCIL AGENDA ITEM STATEMENT AGENDA MEETING DATE: April 5, 2005 AGENDA HEADING: Consent Consideration and possible action regarding approval of a Resolution of the City Council authorizing the submittal of a fiscal year 2005/2006 application to the California Department of Conservation's Division of Recycling for a grant authorized under the California Beverage Container Recycling and Litter Reduction Act (Fiscal Impact = $5,000 in grant fund revenue) RECOMMENDED COUNCIL ACTION: (1) Adoption of Resolution; (2) Alternatively discuss and take other action related to this item. BACKGROUND & DISCUSSION: The Department of Conservation is distributing $10.5 million for fiscal year 2005/2006 to eligible cities and counties specifically for beverage container recycling and litter cleanup activities. Examples of eligible activities include- educational packets and promotional items to encourage beverage container recycling, buying or using products made from recycled beverage container materials; and collection recycling programs The accompanying Resolution authorizes the submittal of the grant, designates the City Manager as the City's authorized contact person, and amends or supplements the City's Budget for fiscal years 2004/2005 and 2005/2006 to appropriate the monies. ATTACHED SUPPORTING DOCUMENTS: 1 Resolution for the Beverage Container Recycling Grant. FISCAL IMPACT: $5,000 in grant fund revenue Operating Budget: Amount Requested: Account Number: Project Phase: Appropriation Required: 001 - 400 - 4206 -6238 ORIGINAT BY: DATE:3 /� Jeff'Stewart, Assistant City Manager REVIEWED BY: DATE- 7�'fla f is I RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER, OR DESIGNEE TO APPLY FOR, RECEIVE, AND APPROPRIATE GRANT FUNDS FROM THE CALIFORNIA DEPARTMENT OF CONSERVATION PURSUANT TO THE CALIFORNIA BEVERAGE CONTAINER RECYCLING AND LITTER REDUCTION 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 California beverage Container Recycling and Liter Act ( "Act ") that provides funds to cities and counties for beverage container recycling and littler cleanup activities, B The California Department of Conservation's Division of Recycling ( "Department ") has the responsibility for implementing and administering the Act, C Pursuant to Public Resources Code § 1458l(a)(4)(E), the City must submit a funding request form to the Department within ninety days after April 5, 2005 SECTION 2: The City Manager, or designee, is authorized to apply for funding from the Department under the Act for beverage container recycling and little cleanup activities SECTION 3: The City Manager, or designee, is authorized to execute any required documents to receive the funding for the purposes identified in the Resolution SECTION 4: The City Manager or designee is authorized to accept and spend the grant monies identified in this Resolution for the purposes stated above SECTION 5: The City Council amends or supplements the City's Budget for fiscal years 2004/2005 and 2005/2006 to appropriate the monies identified by this Resolution to pay for activities proposed by the City in support of funding request form The City Manager, or designee, is authorized to implement the purpose of this section SECTION 6: This Resolution will become effective immediately upon adoption PASSED AND ADOPTED this ` day of 2005. Kelly McDowell Mayor 116 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I, Cindy Mortesen, City Clerk of the City of El Segundo, California, hereby certify that the whole number of members of the City Council of the City is five; that the foregoing Resolution No. was duly passed and adopted by said City Council, approved and signed by the Mayor of said City, and attested to by the City Clerk of said City, all at a regular meeting of said Council held on the day of 2005, and the same was so passed and adopted by the following roll call vote AYES NOES ABSENT ABSTAIN ATTEST Cindy Mortesen, City Clerk APPROVED T Mark D He C By ' arl H Berger Assistant Crtv /. 117 EL SEGUNDO CITY COUNCIL MEETING DATE. April 5, 2005 AGENDA ITEM STATEMENT AGENDA HEADING' Consent Calendar AGENDA DESCRIPTION: Consideration and possible action regarding approval of a piggyback purchase on the City of Long Beach Bid #PA -00504 with prices set forth in Contract Agreement #28678 for the purchase of Self Contained Breathing Apparatus (SCBA) Air Bottles, utilizing United States Fire Administration (USFA) / Federal Emergency Management Agency (FEMA) grant funds and current Equipment Replacement funds Fiscal Impact $31,050 (General Fund Fiscal Impact $26,050) RECOMMENDED COUNCIL ACTION. 1) Approve purchase of forty (40) Carbon Fiber breathing air bottles, 45 minute capacity, for the recently upgraded CBRN Certified SCBA units, utilizing a portion of the remaining funds from the USFA/FEMA Assistance to Firefighters 2004 Grant monies ($5,000) and $26,050 from the existing replacement for air bottles 2) Pursuant to El Segundo Municipal Code Sec 1 -7 -10, waive the formal bidding process based upon a piggyback purchase on the City of Long Beach Bid #PA -00504 with prices set forth in Contract Agreement # 28678, 3) Alternatively, discuss and take other action related to this item BACKGROUND & DISCUSSION. On February 15, 2005, Council approved the first phase of the Fire Department breathing apparatus upgrade approving the purchase of Twenty -Six CBRN (Chemical, Biological, Radiological, Nuclear) Certified Self Contained Breathing Units under the USFA/FEMA Assistance to Firefighters 2004 Grant Program Actual replacement costs of the complete units came in lower than expected resulting in surplus grant monies The department has Continued next page ATTACHED SUPPORTING DOCUMENTS- None FISCAL IMPACT- Operating Budget: Amount Requested: Account Number: Project Phase, Appropriation Required- $68,250 $31,050 001 -400- 3202 -8104 — $5,000 601 - 400 - 3202 -8104, SCBA Bottles — $26,050 _Yes X No ORIGINATED BY: DATE. 3/28/05 Norm Anqelo. Fire REVIEWED BY. Mary St n, City Manager DATE- 16 29ell- i�.� BACKGROUND & DISCUSSION, continued- been approved to use $5,000 of these grant funds for the second phase of the program (replacement of air bottles compatible to the new breathing units) The Fire Department will make up the balance of $26,062 62 from the existing breathing apparatus air bottle equipment replacement account The department recommends a piggyback on the Long Beach Bid #PA -00504 and Contract Agreement #28678 to capitalize on savings set by the contract This Long Beach contract with Scott Health and Safety Products expires 4/15/05 and will require immediate attention if the savings are to be realized by El Segundo Under the Long Beach contract, we will receive a 30 5% discount on the current list price Bottle replacement is necessary as the existing inventory is incompatible with the new CBRN units The cost of upgrading the existing inventory is not practical weighed against the remaining service life of the existing bottle inventory This upgrade will supply larger bottles, maintaining the established department reserve air capacity while reducing bottle inventory by 30 percent, freeing much needed storage space in the station and on the apparatus The third and final phase of implementation of new CBRN breathing apparatus involves retrofit of brackets and seats to fire apparatus to accommodate the new breathing units This phase will be brought back to council at a future date In accordance with the City Council Policy regarding grant submissions: 1 The Federal Department of Homeland Security, under the Office for Domestic Preparedness (ODP), administers the grant program 2 The total amount being requested is $31,026 62 3 Local funds used Fire Department will be supplying $ 26,062 62 4 Federal funds used $ 5,000 (FEMA 2004 funds approved from original grant sum of $145,200 for breathing apparatus replacement) 5 Source of El Segundo funds Fire Department Equipment Replacement Funds for SCBA Bottles (Account #601-400-3202-8104) 6 The grant process does not provide up front funding Municipalities encumber the approved funds and are reimbursed by direct deposit through electronic funds transfer 7. Conditions required under this grant: a All equipment purchased under the grant funding, if awarded, is required to be maintained and replaced under the city's capital equipment replacement standards b All equipment purchased under the grant funding must be entered into the city's terrorism grant inventory system prior to distribution 119 EL SEGUNDO CITY COUNCIL MEETING DATE Apnl 5, 2005 AGENDA ITEM STATEMENT AGENDAHEADING: New Business AGENDA DESCRIPTION: Consideration and possible adoption of a Resolution expanding the time periods for parking on Grand Avenue between Illinois Street to Eucalyptus Drive RECOMMENDED COUNCIL ACTION 1 Adopt a Resolution amending Resolution 4162, and /or, 2 Alternatively, discuss and take other action related to this item BACKGROUND & DISCUSSION Staff has received two requests to reduce or remove the parking restriction on Grand Avenue between Illinois Street to Eucalyptus Drive Currently, the parking restrictions are 6 00 AM to 9 00 AM and 3 00 PM to 6 00 PM for both the east and west bound directions Based upon information submitted by residents these restrictions make it an inconvenience for some members of the public who use Grand Ave to park their vehicles ued on next SUPPORTING DOCUMENTS Resolution FISCAL IMPACT None Operating Budget. Amount Requested* Account Number- Project Phase- Appropriation Required NO ORIGINATED BY DATE 3/3 o /2oeS Seimone Jurps, kector of Planning and Building Safety / Acting City Engineer REVIEWED BY- DATE- j 0/1— 3 Mary Stre ,City Manager 17 BACKGROUND & DISCUSSION (cont) Page 2of2 In the City's Circulation Element, Grand Ave is recognized as both a secondary arterial and a truck route As a secondary arterial, Grand Ave functions to connect traffic from collector streets to mayor arterials and freeways It moves large volumes of automobiles, trucks and buses, and links the principal elements within the City to other adjacent regions Generally, curb parking is prohibited during peak traffic periods It would be important to allow Grand Ave to flow freely during peak traffic hours In January 2003 daily vehicle trips were counted during a 24 -hour traffic period on Grand Ave The results of the count measured 8,200 vehicle trips during the 24 -hour period The estimated roadway capacity for Grand Ave is 31,000 vehicle trips The current capacity is well over the current demand Staff determined that the morning peak traffic begins at 7:30 AM and the afternoon peak traffic begins at 4.30 PM Because of the low measured vehicle trips, and the morning and afternoon peak traffic beginning at a known specific time, there is room for adjustment on the parking restriction hours without restricting the flow of traffic Staff believes that eliminating an hour of parking restriction in the morning and afternoon are outside the peak traffic hours and are not necessary for the purpose of maintaining uncongested street operation Staff recommends that City Council amend the parking restrictions on Grand Ave by one hour less in both the morning and afternoon peak hours, but continue to recognize the need to allow for a free flow of traffic during peak hours Staff recommends that the no parking restrictions be amended from 6 00 AM - 9.00 AM to 6:00 AM - 8:00 AM and from 3 OOPM - 6 00 PM to 4:00 PM - 6:00 PM for both the east and west bond directions of Grand Ave between Illinois Street to Eucalyptus Drive CEQA EXEMPTION This project is found not to have a significant effect on the environment per Categorical Exemption 15301 Class 1 of the California Environmental Quality Act (CEQA) which consists of the operation, repair, maintenance, or minor alteration of existing public or private structures, or no expansion of use beyond that existing at the time of this determination Changing the current 6 00 AM to 9 00 AM street parking restriction to 6 00 AM to 8:00 AM and the current afternoon 3 00 PM to 6 00 PM restriction to 4 00 PM to 6.00 PM would not result in any physical changes to the environment that could directly or indirectly result in environmental impacts 121 RESOLUTION NO _ A RESOLUTION AMENDING RESOLUTION NO 4162 REGARDING NO STOPPING AND TOW AWAY ZONES ON GRAND AVENUE The City Council of the city of EI Segundo does resolve as follows SECTION 1. Pursuant to Vehicle Code § 21351 and El Segundo Municipal Code ( "ESMC ") §§ 8 -5D -1 and 8 -5D -2, the City Council amends Section 3 2 of Resolution No 4162 to read as follows DELETE "3 2.05 GRAND AVENUE Concord St to Loma Vista St SECTION 2 Pursuant to Vehicle Code § 21351 and El Segundo Municipal Code ( "ESMC ") §§ 8 -5D -1 AND 8 -5D -2, the City Council adds Section 3 3 of Resolution No. 4162 to read as follows ADD "SUBSECTION 3 3 No Stopping Tow Away 6 00 AM to 8 00 AM and 4 00 PM to 6 00 PM Except Saturday and Sunday 3305 GRAND AVENUE Illinois St to Eucalyptus Dr SECTION 3 This Resolution may be enforced pursuant to any applicable law including, without limitation, the ESMC after the area designated above is properly posted with signs SECTION 4 The City Clerk is directed to certify the adoption of this Resolution, record this Resolution in the book of the City's original resolutions, and make a minute of the adoption of the Resolution in the City Council's records and the minutes of this meeting SECTION 5 This resolution will become effective immediately upon adoption and will remain effective unless repealed or superseded PASSED AND ADOPTED this 5th day of April 2005 Kelly McDowell, Mayor -I- 122 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 5th day of April 2005, and the same was so passed and adopted by the following roll call vote AYES NOES ABSENT ABSTAIN ATTEST Cindy Mortesen, City Clerk ,Karl -H Berger Assistant City -2- IL4 EL SEGUNDO CITY COUNCIL MEETING DATE April 5, 2005 AGENDA ITEM STATEMENT AGENDA HEADING. New Business AGENDA DESCRIPTION Consideration and possible action regarding the acceptance and completion of an application for $289,300 Federal Appropriation Act Grant of 2004, forthe completion of the city sanitation sewer repair projects RECOMMENDED COUNCIL ACTION. Recommendation — (1) Accept the Federal Appropriation Act Grant in the amount of $289,300, appropriate $236,700 from CIP savings 2003/2004 and authorize staff to complete the necessary applications for the Grant Fund , (2) Authorize the City Manager to execute the application on behalf of the City, and /or, (3) Alternatively discuss and take other action related to this Item BACKGROUND & DISCUSSION The Environmental Protection Agency (EPA) administers the Federal Appropriation Act Grant for repair of sanitary sewers The City Council approved acceptance of the first EPA grant in June of 2003 in the amount of $303,600 with a matching fund of $248,400 (Background & Discussion continued on the next page ATTACHED SUPPORTING DOCUMENTS 1 Letter from the United States Environmental Protection Agency, outlining the requirements of the Grant FISCAL IMPACT: Capital Improvement Program Amount Requested, Account Number. Project Phase Appropriation Required. $526,000 to be determined Grant Application X Yes_ No ($289,300 from EPA Grant and $236,700 from CIP savings 200312004) ORIGINATED BY DATE. Seimone Jurjis, ire or of Planning and Building Safety / Acting Engineer REVIEWED BY DATE: Mary Strenn, City Manager Final 04 -05 -05 Grant Sewer Repair 12 BACKGROUND AND DISCUSSION: (continued) In March Of 2004 Cassidy and Associates, the City's Washington lobbyist, was able to secure an additional $289,000 grant in the Fiscal Year 2004 Federal Appropriations for repair of the City's sanitary sewer system This grant requires a matching City funding obligation of $236,700 Staff is requesting that City Council approve $236,700 matching portion from CIP savings necessary applications required for the grant acceptance of the grant funds, obligate the 2003/2004, and direct staff to complete the Staff has also been made aware that there are additional grant funds available through the FY 2005 Federal Appropriations In the future, staff will return to City Council for an additional request for the grant funds 125 Final 04 -05 -05 Grant Sewer Repair 01� ED ST" $F. A i UNITED STATES ENVIRONMENTAL PROTECTION AGENCY o � sFp' REGION IX 75 Hawthorne Street San Francisco, CA 94105.3901 JAN 2 7 2005 Mr An tamana Director of ubhc Works City of El Segundo 350 Main Street El Segundo, CA 92045 Dear Mr. Santarnaria RECEIVEr FEB 0 7 2005 PUBLIC WORK, ENGINEERING R9 Trackme 405 -017 We are pleased to inform you that the FY 2004 United States Environmental Protection Agency (EPA) Appropriation included funding for $300,000 for samtary sewer overflow infrastructure Congress instructed EPA to reduce each Appropriations Grant by 3% to cover the administrative cost of managing this grant The grant amount was further reduced by a Congressionally mandated across the board cut to the EPA budget The final amount of funding available to the City of El Segundo is $289,300 Matching funds of $236,700 or 45% of the total protect costs are required according to the Appropriations Act which authorizes this project The Catalog of Federal Domestic Assistance (CFDA) Number is 66 606 and the grant will be awarded under the Appropriations Act of 2004. This additional funding will be awarded as an Amendment to the City's existing EPA grant ( 02- 97966101 -0) In order for EPA to award the funds in a timely manner, the original and one copy of your final application and approvable workplan/program objectives should be submitted to EPA as soon as possible and addressed to Grants Management Office (PMD -7) Policy and Management Division U S Environmental Protection Agency 75 Hawthorne Street San Francisco, CA 94105 -3901 The application kit with complete instructions for completing all of the necessary forms may be found at the following website location http / /www gpa og v /region09 /fundmg/appllymg html (Click on Regular Award) Please be sure to include the R9 Tracking # referenced above on your application 424 facesheet If you have any questions regarding the kit, forms, or instructions, please contact your EPA Grants Management Specialist, Susan Chiu, at (415) 972 -3674 12h Pnnred on Recvcled Paper The workplan is part of a complete application and must include the following information Background Project Goals /Objectives Deliverables/Work products to be completed and a timeline for completion The deliverables must be measurable Incremental steps to accomplish the work products (tasks) Breakdown of the costs associated with the work products and tasks A statement explaining the source of the required matching funds, i e., whether the match will be provided by the applicant and/or other sources, and how much from each source Measures used to evaluate the success of the work products The expected environmental benefits and how you will deternune if the project has successfully achieved the expected benefits Susan Hatfield of the CWA Standards and Permits Office, has been assigned as EPA Project Officer for this grant The EPA Project Officer serves as EPA's technical manager and liaison with the recipient's Project Manager on all matters relating to project performance, serves as EPA's source of programmatic oversight, and provides technical assistance as needed If you have any questions regarding the workplan requirements, please contact the Project Officer at (415) 972 -3520. Please obtain a copy of the Code of Federal Regulations (CFR), Title 40, Part 1-49. Copies of the CFR are available at local U.S Government Bookstores or by calling the U.S Government Printing Office at (202) 512 -1800 to order a copy You may also access specific EPA regulations and the OMB Circulars through the Internet at http / /www epa gov /ogd/ We look forward to working with you If you have any questions or comments or if we may be of assistance to you as you draft your workplan, please contact Susan Hatfield of my staff at 415- 972 -3520. Sincerely, "zA14 -- Douglas E. Eberhardt, Chief CWA Standards and Permits Office cc Susan Chm, EPA, PMD -7 Joe Jung, EPA, WTR -1 127 G. REPORTS — CITY MANAGER 19. Announcement of Annual Spring Clean -up Week on April 18 — 22, 2005. -is 128 EL SEGUNDO CITY COUNCIL AGENDA AGENDA HEADING: AGENDA MEETING DATE- April 5, 2005 Council Members ... Mayor McDowell Consideration and possible action regarding the appointment of a task force to oversee both the Business Recruitment Campaign and the Sepulveda Boulevard Light Pole Banner projects by Shannon David Design Fiscallmoact: None Recommendation — (1) Approve the appointment of a task force to be comprised of two City Council members and two members of the Economic Development Advisory Committee (EDAC) to oversee the Business Recruitment Campaign and the Sepulveda Boulevard Light Pole Banner projects by Shannon David Design; (2) Alternatively, discuss and take other action related to this item. BACKGROUND & DISCUSSION, At the City Council Meeting on March 15, 2005, the Business Recruitment Campaign and the Sepulveda Boulevard Light Pole Banner projects were awarded to Shannon David Design for $125,000 A task force of two City Council members and two EDAC members to oversee the design of the banners and the Business Recruitment Campaign was discussed to ensure local business and community approval of the campaign and banners. The primary purpose of the campaign is to establish and grow the "El Segundo Business" brand that will become part of the city culture and attract new businesses for many years to come There will be three (3) initial designs for the banners to be approved by the task force with a final submittal of two (2) actual sets of banners for the light poles ATTACHED SUPPORTING DOCUMENTS- None FISCAL IMPACT. NONE Operating Budget. Amount Requested: Account Number- Project Phase: Appropriation Required. _Yes X No Mary Str n, City Manager J,3i /f 20 12.