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2005 DEC 06 CC PACKETI REVISED AGENDA EL SEGUNDO CITY COUNCIL COUNCIL CHAMBERS - 350 Main Street The City Council, with certain statutory exceptions, can only take action upon properly posted and listed agenda items Unless otherwise noted in the Agenda, the Public can only comment on City- related business that is within the jurisdiction of the City Council and /or items listed on the Agenda during the Public Communications portion of the Meeting During the first Public Communications portion of the Agenda, comments are limited to those items appearing on the Agenda During the second Public Communications portion of the Agenda, comments may be made regarding any matter within the jurisdiction of the City Council Additionally, the Public can comment on any Public Hearing item on the Agenda during the Public Hearing portion of such item The time limit for comments is five (5) minutes per person Before speaking to the City Council, please come to the podium and state Your name and residence and the organization you represent, if desired Please respect the time limits Members of the Public may place items on the second Public Communications portion of the Agenda by submitting a Written Request to the City Clerk or City Manager's Office at least six days prior to the City Council Meeting (by 2 00 p m the prior Tuesday) Other members of the public may comment on these items only during this second Public Communications portion of the Agenda The request must include a brief general description of the business to be transacted or discussed at the meeting Playing of video tapes or use of visual aids may be permitted during meetings if they are submitted to the City Clerk two (2) working days prior to the meeting and they do not exceed five (5) minutes in length In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact City Clerk, 524 -2305 Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, DECEMBER 6, 2005 - 5:00 P.M. Next Resolution # 4447 Next Ordinance # 1390 5:00 P.M. SESSION CALL TO ORDER ROLL CALL CLOSED SESSION: The City Council may move into a closed session pursuant to applicable law, including the Brown Act (Government Code Section §54960, at se q) for the purposes of confemng with the City's Real Property Negotiator, and /or conferring with the City Attorney on potential and /or existing litigation, and /or discussing matters covered under Government Code Section §54957 (Personnel), and /or conferring with the City's Labor Negotiators, as follows CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Gov't Code §54956 9(a)) — 3 matters 1 City of El Segundo v City of Los Angeles, at al , LASC No BS094279 2 Bressi v City of El Segundo, LASC Case Nos BC288293 and 288292 3 Tom Kennedy v City of El Segundo, WCAB Case No AHM0114150 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) -2- matters DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957) -0 matter CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957 6) -0- matter CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956 8) -1- matter 1 Purchase of Real Property (Parcel Nos 4138 - 004 -016 (primary parcel), 4138 - 004 -008 and 4138- 004 -015) City Negotiator Jeff Stewart, City Manager Property Owner Federal Express Corporation/Thomas Properties SPECIAL MATTERS — 0 matter 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, DECEMBER 6, 2005 - 7:00 P.M. Next Resolution # 4447 Next Ordinance # 1390 7:00 P.M. SESSION CALL TO ORDER INVOCATION — Chaplain, Captain Bradley Kimble of the Los Angeles Air Force Base PLEDGE OF ALLEGIANCE — Council Member Eric Busch PRESENTATIONS - (a) Commendation presented to George Lochinski, El Segundo Police Department's RSVP of the Year for his invaluable contributions to the Retired Senior Volunteer Program (b) Proclamation in keeping with an annual holiday tradition in El Segundo, to symbolically change the name of the 1200 block of Acacia to Candy Cane Lane, in order to create a snow - covered Christmas Village for the period of December 10, 2005 at 7 00 pm through December 23, 2005 (c) Proclamation inviting the community to all the traditional El Segundo holiday events and proclaiming Sunday, December 11, 2005 as the 42nd Annual El Segundo Holiday Parade. (d) Proclamation inviting the residents of El Segundo to warmly welcome the members of the El Segundo Sunshine Lions Club as they judge the 2005 Lighting Up the Community program and proclaiming December, 2005 the month for Lighting Up the Community. ROLL CALL PUBLIC COMMUNICATIONS - (Related to Citv Business Onlv - 5 minute limit per person, 30 minute limit total) Individuals who have received value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so identify themselves prior to addressing the City Council Failure to do so shall be a misdemeanor and punishable by a fine of $250 While all comments are welcome, the Brown Act does not allow Council to take action on any Item not on the agenda The Council will respond to comments after Public Communications is closed A. PROCEDURAL MOTIONS Consideration of a motion to read all ordinances and resolutions on the Agenda by title Recommendation - Approval B. SPECIAL ORDERS OF BUSINESS (1) Presentation of a summary of the City of El Segundo's potential settlement with the City of Los Angeles and Los Angeles World Airports regarding the Los Angeles International Airport (LAX) Master Plan litigation. Recommendation - (1) Receive and File presentation by representatives from Shute, Mihaly & Weinberger; (2) Receive and respond to questions and comments from members of the public related to the issue of the City's potential settlement with the City of Los Angeles and Los Angeles World Airports, (3) Alternatively, discuss and take other action related to this item C. UNFINISHED BUSINESS 13 D. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS Consideration and possible action regarding a presentation by the Senior Citizen Housing Corporation Board of the 2006 Budget. Recommendation — (1) Approve 2006 Budget for Senior Citizen Housing Corporation Board, (2) Alternatively, discuss and take other action related to this item 2. Consideration and possible action regarding the positions on Committees, Commissions and Boards ( "CCBs ") that will expire in the year 2006. Recommendation — (1) Direct staff to open the recruitment process for the positions on the CCBs, as listed, beginning January, 2006, (2) Alternatively, discuss and take other action related to this item E. CONSENT AGENDA All items listed are to be adopted by one motion without discussion and passed unanimously If a call for discussion of an item is made, the item(s) will be considered individually under the next heading of business 3. Warrant Numbers 2550589 to 2550910 on Register No. 4 in the total amount of $1,437,691.88 and Wire Transfers from 11/4/2005 through 11/23/2005 in the total amount of $2,008,698.55. 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 November 15, 2005 and Special City Council Meeting Minutes of November 29, 2005. Recommendation — Approval 5. Consideration and possible action regarding adoption of an Ordinance adding a new Chapter 27A in the El Segundo Municipal Code called Development Impact Fees. (Fiscal Impact: None) Recommendation — (1) Second reading by title only and adoption of Ordinance No 1389 for adding a new Chapter 27A in the El Segundo Municipal Code, (2) Alternatively, discuss and take other action related to this item 6. Consideration and possible action regarding adoption of plans and specifications for the installation of the Americans with Disabilities Act (ADA) compliant Automatic Doors at the south side of the City Hall (entrance outside City Council Chambers) and on the north entrance of the Police Department. Project No. PW 05 -13. CDGB Project No. 600803 -05. (Fiscal Impact: None) Recommendation — (1) Approve Plans and Specifications, (2) Authorize staff to advertise the project for the receipt of construction bids, (3) Alternatively, discuss and take other action related to this item 7. Consideration and possible action regarding acceptance of the project for the 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. Project No. PW 04 -06 — Approved Capital Improvement Program. (Final contract amount: $491,808) Recommendation — (1) Accept the work as complete, (2) Authorize the City Clerk to file the City Engineer's Notice of Completion in the County Recorder's Office, (3) Alternatively, discuss and take other action related to this item CALL ITEMS FROM CONSENT AGENDA F. NEW BUSINESS 8. Consideration and possible action regarding entering into a Purchase and Sale Agreement, opening escrow with Thomas Properties Group (TPG) and selecting Tempkin, Inc. as the appraiser, for the anticipated purchase of five acres of land located at the northeast corner of Mariposa Avenue and Nash Street (to be used for athletic fields) pursuant to the Development Agreement entered into between the City and TPG in January 2001. (Fiscal Impact: $50,000 deposit into escrow, $16,500 for appraisal). Recommendation — (1) Authorize the Mayor to execute the Purchase and Sale Agreement in the form approved by the City Attorney, (2) Authorize the Mayor to execute an agreement in a form approved by the City Attorney for appraisal services with Tempkin, Inc, (3) Authorize staff to open escrow with Thomas Properties Group and deposit $50,000 into the escrow account, (4) Alternatively, discuss and take other action related to this item 0 9. Consideration and possible action to receive and file the Mayor's appointment of an additional member of the City Council to the City's Disaster Council and grant consent to the Director of Emergency Services' (City Manager) appointments to the Disaster Council. (Fiscal Impact: None) Recommendation — (1) Receive and file the Mayor's appointment of Mayor Pro Tern John Gaines to the City's Disaster Council, (2) Grant consent of the Director of Emergency Services' appointment of the Superintendent of the El Segundo Unified School District, the Assistant City Manager, Police Chief, Fire Chief, and Public Works Director to the City Disaster Council, (3) Alternatively, discuss and take other action related to this item. G. REPORTS —CITY MANAGER —NONE H. REPORTS —CITY ATTORNEY— NONE REPORTS — CITY CLERK 10. Consideration and possible action requesting Council consensus to cancel the January 3, 2006 City Council Meeting. Recommendation — (1) Approve cancellation of the January 3, 2006 meeting; (2) Alternatively, discuss and take other action related to this item. REPORTS — CITY TREASURER K. REPORTS —CITY COUNCIL MEMBERS Council Member Boulgarides — Council Member Busch — 11. Consideration and possible action to establish an ad hoc committee for the purpose of reviewing and commenting on the plans to develop athletic fields on the five acres located at the northeast intersection of Nash Street and Mariposa Avenue that the City is negotiating to acquire from the Thomas Properties Group. (Fiscal Impact: None) Recommendation — (1) Establish an ad hoc committee to make recommendations with regard to the City's plans to develop athletic fields near the intersection of Nash Street and Marposa Avenue, (2) Appoint the members of the committee, (3) Alternatively, discuss and take other action related to this item Council Member Jacobson — Mayor Pro Tern Gaines — Mayor McDowell — PUBLIC COMMUNICATIONS — (Related to City Business Only — 5 minute limit per person, 30 minute limit total) Individuals who have receive value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so identify themselves prior to addressing the City Council Failure to do so shall be a misdemeanor and punishable by a fine of $250 While all comments are welcome, the Brown Act does not allow Council to take action on any item not on the agenda The Council will respond to comments after Public Communications is closed MEMORIALS — CLOSED SESSION The City Council may move into a closed session pursuant to applicable law, including the Brown Act (Government Code Section §54960, at sue) for the purposes of conferring with the City's Real Property Negotiator, and /or conferring with the City Attorney on potential and /or existing litigation, and /or discussing matters covered under Government Code Section §54957 (Personnel), and /or conferring with the City's Labor Negotiators REPORT OF ACTION TAKEN IN CLOSED SESSION (if required) ADJOURNMENT POSTED DATE • TIME r /f, NAME , L '_ �) �.il �' U -- EL SEGUNDO CITY COUNCIL MEETING DATE December 6, 2005 AGENDA ITEM STATEMENT AGENDA HEADING. Special Orders of Business AGENDA DESCRIPTION- Presentation of a summary of the City of El Segundo's potential settlement with the City of Los Angeles and Los Angeles World Airports regarding the Los Angeles International Airport (LAX) Master Plan litigation RECOMMENDED COUNCIL ACTION. 1) Receive and File presentation by representatives from Shute, Mihaly & Weinberger, 2) Receive and respond to questions and comments from members of the public related to the issue of the City's potential settlement with the City of Los Angeles and Los Angeles World Airports, 3) Alternatively, discuss and take other action related to this item BACKGROUND & DISCUSSION On December 1, 2005, representatives from Los Angeles World Airports (LAWA), the County of Los Angeles, and the cities of El Segundo, Los Angeles, Culver City and Inglewood, as well as representatives from the Alliance for a Regional Solution to Airport Congestion (ARSAC) joined for a press conference to announce an agreement in principle among all parties regarding the future development of Los Angeles International Airport (LAX) and the LAX Master Plan The agreement has been completed in draft form, confidential by agreement of all parties, and all parties are awaiting comments from the Federal Aviation Administration (FAA) prior to formal adoption Accordingly, it is still a draft agreement and is not yet available for public review Upon of the formal adoption process, the agreement will be released to the press and the public The purpose of this item on the agenda is to provide a mechanism to explain to residents the essential points of the settlement and to provide an overview of the proposed agreement Toward that end, staff has attached a "bullet point" summary of the substantive terms of settlement negotiated by all parties and jointly prepared by the attorneys for each of the parties Clem Shute and Osa Wolff, the City's legal representatives on airport issues, will be on hand to explain the issues Involved in the settlement and respond to questions ATTACHED SUPPORTING DOCUMENTS "Bullet point" summary of substantive terms of the settlement agreement FISCAL IMPACT: NIA Operating Budget. Amount Requested: Account Number Appropriation Required- _Yes — No Introductory Note to Media These bullets summarize the main substantive terms of settlement negotiated by representatives of each of the parties This proposed settlement is subject to review by the FAA and approval by the governing councils and boards of each of the parties When a public document memorializing the final settlement agreement is finalized, it will be made available to the media and any interested members of the public • Dismissal and Release of Claims. In exchange for LAWA's commitment to reduce the total number of passenger gates at LAX, emphasize a regional solution to air traffic needs, and accelerate and provide major additional mitigation for airport- related impacts, the Petitioners have agreed to dismiss their state and federal lawsuits challenging the LAX Master Plan Program and any challenge to the South Airfield Improvement Project ( "SAIP "). Petitioners have also agreed to release any future claims regarding the LAX Master Plan's "green light" components Petitioners will retain the option to challenge subsequent LAX Master Plans and any approval of "yellow - light" projects other than the West Satellite Concourse and associated Automated People Mover The Court will be asked to retain jurisdiction to enforce the settlement agreement as needed • Rescission of Impasse Appeal Proceeding The City of El Segundo and County of Los Angeles shall request that the Los Angeles County Airport Land Use Commission rescind its April 20, 2005 decision upholding the "impasse" administrative appeals regarding the LAX Master Plan Program. All of LAWA's obligations to perform under this Settlement are conditioned on the Los Angeles County Airport Land Use Commission's prior rescission of its April 20, 2005 decision • Gate Reduction Provision In an effort to constrain passenger activity to 78 9 million annual passengers, the present number of 163 gates would be reduced by the equivalent of ten narrow body gates at the rate of two gates per year starting in 2010 This requirement would be in effect until 2020 unless LAX is serving less than 75 million annual passengers or if, through amendments to the Master Plan, LAX has 153 gates or less There are exceptions for declared emergencies and up to 30 days per year during peak periods • Specific Plan Amendment LAWA will undertake a process to amend the LAX Specific Plan to modernize LAX in a manner consistent with a practical capacity of 78 9 million annual passengers while enhancing safety and security, minimizing environmental impacts on the surrounding communities, and creating conditions that encourage development of other airports in the region The Specific Plan study will focus on finding November 30, 2005 Page 1 of 2 alternatives to the Ground Transportation Center and other highly controversial projects that were "yellow - lighted" during the prior project approval As part of the study, Petitioners will play an important role in determining what intersections will be studied -- a critical step in assuring mitigation of traffic impacts -- and will serve on a Specific Plan Amendment Process Advisory Committee • Regional Strategic Planning LAWA shall develop, and update annually, a regional strategic planning initiative to encourage the growth of passenger and cargo aviation activity at Palmdale and Ontario, currently underutilized LAWA -owned commercial airports in the region Additionally, LAWA shall invite the FAA, the Southern California Association of Governments ( "SCAG "), and all the counties and airport operators in the Los Angeles Region to participate in a regional airport working group to discuss and make recommendations regarding current and future plans to achieve a regional distribution of air traffic demand • Noise Insulation. LAWA will provide $240 million in dedicated funding to Petitioners County of Los Angeles, and Cities of Inglewood and El Segundo through the year 2015 to enhance and accelerate their existing sound insulation programs Petitioners will also have access to additional funding on an as needed basis through LAWA's Airport Noise Mitigation Program ( "ANMP ") • No Noise Easements. Noise impacted residents will no longer be required to grant LAWA the right to impact and over -fly their property (e g , avigation easements) in exchange for sound insulation Exceptions are made where state law requires LAWA to acquire an easement When an easement is required for homes constructed before 1989, LAWA may purchase an easement from the property owner for fair market value, as determined through good faith negotiations between LAWA and the property owner • Aesthetic Mitigation. LAWA will provide mitigation for various aesthetic impacts of airport operations, including implementing a plan, at a cost not to exceed $3 million, to remove existing pavement from abandoned streets and sidewalks in the northern portion of the Los Angeles /El Segundo dunes and plant appropriate native vegetation in that area • No Use of General Funds. Under no circumstances will any of LAWA's obligations under the settlement agreement require any expenditure from the City's general fund or any other City- controlled source of funds November 30, 2005 Page 2 of 2 V m m e n at `on Cttp of Cl &rgunba, California WHEREAS, the goal of the El Segundo Police Department's Retired Senior Volunteer Program ( "RSVP ") is to supplement and assist both the Field Operations and the Administrative Services Bureau in their efforts to better serve the citizens of the City of El Segundo, and WHEREAS, RSVP members are the "eyes and the ears" of the Police Department and, as representatives of the City and the Police Department, must maintain an image at all times that parallels the professionalism of the El Segundo Police Department, and WHEREAS, George Lock;nski has been an El Segundo Police Department RSVP since February 6, 1995, working not only the required four hours a week but contributing additional hours for special events, and WHEREAS, George Lochinski never fails to come to work with an eagerness to help with any request, and mares invaluable contributions to the RSVP and to our community with enthusiasm and support, and WHEREAS, George Lochinshi has been selected by the City of El Segundo as the recipient of the El Segundo Police Department's RSVP of the Year award in recognition of the 173 plus volunteer hours he has given to the El Segundo Police Department's Retired Senior Volunteer Program NOW, THEREFORE, on this 6tb day of December, 2005, the Mayor and Members of the City Council of the City of El Segundo, California, hereby commend George Lochinsh; for his invaluable contributions to the Retired Senior Volunteer Program, and invite all citizens in recognizing him as the El Segundo Police Department's RSVP of the Year )bq� /1/114 ��nf�rf� n 009 rV L to mation Cap of 6 ,6egunbo, CattformA WHEREAS, Great and wonderful events are many times the inspiration of one person, like Ken Bailey, whose simple idea, that a decorated tree be placed at the end of the cul -de -sac on the 1200 Block of East Acacia in celebration of a neighborhood Christmas 1949, is today an annual holiday tradition in El Segundo, worthy of national media coverage, and known as Candy Cane Lane, and WHEREAS, Candy Cane Lane features Santa Clause riding on top of a horn - blowing El Segundo fire truck through the beautifully decorated homes on Candy Cane Lane into a snow - covered Christmas Village situated at the end of the cul -de -sac, where he then climbs on his sleigh from which he sends good cheer each year for approximately 14 nights to hundreds of boys and girls, residents and tourists, and WHEREAS, Toys donated by Mattel and Tomy Toys are given to the children, magnolia trees are brightly decorated, and artificial snow is applied by the City A few good merry men of Candy Cane Lane, Ile Tom Lindsay, have given their merry He, He, Ho's, year after year, in the same Santa suit donated by Chevron, Carolers keep singing, property owners dress up their homes for all for the cob's and aah's and the tradition of Candy Cane Lane, while our volunteers from the RSVPs and ESHS make sure the crowds maneuver down the Lane in a safe and orderly fashion, and WHEREAS, Least we forget, we herem list the names of the folks that are synonymous with Candy Cane Lane the Bradys, Borgattas, Bruemmers, Brunnenkants, Doukakis, Eyres, the Greens, Hudspeth, Johnson, Kehls, McEwans, Mmtchells, Moores, Mortesens, Odles, Palmers, Phillips, Rose, Sachs, Sanchez, Schlendenngs, Stemnbergs, Trumbles, Turnbulls, Vodickas, Walters, Warwicks, and the Woods NOW, THEREFORE, on this 6th day of December, 2005, the Honorable Mayor and Members of the City Council of the City of El Segundo, California, proclaim the 1200 Block of Acacia Avenue as CANDY CANE LANTE from December 10, 2005 at 7 00 p in , through December 23, 2005, and mvrte the young and young at heart to experience the wonders of this El Segundo holiday tradition j 6i01 rociarnation (Cap of (El *rgun0o, ( Californta WHEREAS, The El Segundo Chamber of Commerce has given El Segundo the Annual Holiday Parade for the past 42 years, a tradition which both celebrates El Segundo and calls forth the Holiday Season WHEREAS, The parade, to be held Sunday, December 11 °' from 100 p in to 3 00 p in , with a theme of Holiday in Paradise, will assemble on the corner of Imperial Avenue and Main, and continue down Maui Street, disbanding at El Segundo Boulevard, WHEREAS, The parade will start with the Grand Marshall, LMU's basketball head coach, Rodney Tentnon, end with the traditional Grand Finale - the Chevron Fire Truck, bringing Santa Claus through downtown El Segundo, and in between the crowds wdl be treated to a few surprises, WHEREAS, The community is invited to other holiday festivities on Thursday, December 8", beginning at 3.00 p in with Santa's Village at City Hall Plaza, the Farmer's Market and Holiday Craft Fair on Main Street, and the Annual Tree Lighting Celebration in the Plaza from 4:00 p in to 5:30 p in, followed by the Chamber of Commerce Holiday Mixer held at First Coastal Bank. NOW, THEREFORE, the Mayor and Members of the City Council of the City of El Segundo, California, do Hereby proclaim Sunday, December 11, 2005, as the 42nd Annual El Segundo Holiday Parade, invite the community to all the traditional El Segundo holiday events and wish the Chamber of Commerce many more years of marching down Main Street. Aq 16; t.jj rorta11ation Cap of el Airgunbo, California WHEREAS, Lighting Up the Community is an annual program which was established by the City Council in December, 1988 as part of the Holiday Season to recognize those residents who beautify the community by decorating their homes for the Holidays WHEREAS, This program has become an El Segundo tradition that initially was judged by the Girls Scouts - Troops #2 and #5, but since 1996 different El Segundo civic, service or youth groups have participated in the judging of the program In 1996 judging was by the El Segundo Rotary Club and in 1997 by the Kiwams Club Tree Musketeers judged m 1998, El Segundo High School Eagle Band in 1999, El Segundo Key Club in our Centennial year, The Rainbow Girls in 2001, El Segundo Interact Club in 2002, Park Vista Jetsetters in 2003, and in 2004 Lighting Up the Community was judged by the El Segundo Rotary Club WHEREAS, This year members of the E% Segundo Sunshine Lions Club will judge the El Segundo homes during the last two weeks before December 25th for the most attractive home decorations and lighting, and will present a list of their selections to the City Council WHEREAS, The recipients of the 2005 Lighting Up the Community recognitions will be invited to assemble at 7 00 p.m , at the City Council meeting, on January 17, 2006, to be recognized for beautifying the community. NOW, THEREFORE, on this 6`h day of December, 2005, the Mayor and Members of the City Council of the City of El Segundo, California, hereby proclaim December, 2005 the month for Lighting Up the Community and invite the residents of El Segundo to warmly welcome the members of the El Segundo Sunshine Lions Club as they judge the 2005 Lighting Up the Community program r ��n EL SEGUNDO CITY COUNCIL MEETING DATE: December 6, 2005 AGENDA ITEM STATEMENT AGENDA HEADING: Reports of Committees, Boards and Commissions AGENDA DESCRIPTION: Consideration and possible action regarding a presentation by the Senior Citizen Housing Corporation Board of the 2006 Budget COUNCIL ACTION: 1 Approve 2006 Budget for Senior Citizen Housing Corporation Board. 2 Alternatively, discuss and take other action related to this item BACKGROUND & DISCUSSION: The Senior Citizen Housing Corporation Board, together with the management company, Cadman Group, has prepared the budget for the fiscal year of 2006 At the special Senior Housing Corporation Board meeting of November 30, 2005, the Board approved the budget document for presentation to the City Council at the December 6, 2005 meeting The Senior Citizen Housing Corporabon Board budget is now designed so that Park Vista Complex can adequately meet its current expenses and put away reserve funds for capital improvements, deferred maintenance and emergency expenditures The El Segundo Senior Housing Corporation Board is recommending Council's approval of the 2006 budget for the Park Vista Senior Citizen Housing Complex. The current fiscal year concludes September 30, 2006. ATTACHED SUPPORTING DOCUMENTS: Proposed 2006 Senior Citizen Housing Corporation Board Budget FISCAL IMPACT: None Operating Budget: Amount Requested: Account Number: Project Phase: Appropriation Required: No ORIGINATED: DATE: A Peter Freeman, President Senior Citizen Housing Board REVI . / DATE: 0 lJ 1 Senior Citizen Housing Corporation Board Budget Worksheet for 2006 Ordinary Income/Expense Income Defaulted Security Deposit Garage Rent Laundry income Maintenance Charges Rent Income Total Income Expense Administrative Expenses Office Supplies Stenographer Total Administrative Expenses 2005 Budget 2005 Actual Annual 2005 Monthly 2006 Budget 000 92853 7738 000 16 784 88 16 052 04 1,33767 16,052 04 4 200 00 5 191 89 43266 5,45148 000 5000 417 000 482,04120 451,67266 37,63939 49419600' 503,02608 473,89512 39,49126 515,89952 48000 69204 5767 72664 2,40000 2,40000 20000 2,40000 2 880 00 3 092 04 25767 3 126 64 Advertising N/A 72335 00 6028 12000 7,200 Bank Service Charges 000 3000 11667 250 000 " Contributions 000 20000 9,54041 1667 21000 18,888 Stipend to Resident Activity 30000 000 3196956 000 000 Manager Rent Free Unit 13 800 00 13,800 00 1 15000 14,490 00 Audit Expense 4 000 00 3,50000 000 291 67 4,00000 000 Elevator Service 4,66000 4,571 93 36099 4,800 53 Fire Alarm /Prevention 1,11240 6 273 99 52283 3 000 00 Insurance 20,368 56 28 801 58 2,40013 30,241 66 Loan Interest coo 29,342 41 2,445 20 30,809 53 Loan Payment 151,73388 151,728 00 12,644 00 151 72800 Deposit to WAMU account 6,00000 3 000 00 50000 6 000 00 Landscape Maintenance Maintenance Budding Repairs Building Supplies Carpet S Vinyl Cleaning Computer Repairs Equipment Repairs Janitorial Supplies Painting Plumbing Replacements Maintenance - Other Total Maintenance Management Fee Payroll Expenses Employee Benefits Employer Payroll Taxes Janitorial Pay Maintenance Pay On-Site Manager Pay Payroll Expenses - Other Total Payroll Expenses Pest Control Professional Fees Legal Fees Total Professional Fees Storage 6 600 00 10,00000 2,40000 5,00000 000 50000 5,00000 000 000 5 000 00 50,000 00 000 77 900 00 6,90513 2 598 49 5,35856 5,46098 15000 15000 34762 17594 3,76000 3,259 09 22 248 09 57543 21654 44655 45508 1250 1250 2897 1466 31333 271 59 1 85401 33000 2750 43 838 77 3 653 23 7,250 39 ` * *' ** 2,72841 5,62649 5,73403 15750 15750 36500 18474 3,94800 3,42204 25,000 00 34650 47,670 21 33 000 00 33,000 00 2750 00 34,650 00 7,200 00 1 40000 11667 1,47000 10,65012 9,08610 75718 9,54041 18,948 84 18,888 40 1,57403 19,832 82 3196956 31,76317 264693 33,35133 23,29596 23,23426 1,93619 25,28626 000 000 000 000 92,06448 84,37193 7,03099 89,48081 55200 72300 6025 759 15 000 1 633 97 13616 30000 000 1 633 97 13616 30000 000 1,03000 8583 000 , I {'1 Page 1 of 2 C; t Telephone Uniforms Utilities Cable Gas and Electric Water Total Utilities Total Expense Net Ordinary Income Other Income /Expense Other Income Interest Income Other Income Total Omer Income Net Other Income Net Income Senior Citizen Housing Corporation Board Budget Worksheet for 2006 2006 Budget 2005 Actual Annual 2005 Monthly 2006 Budget 2,70000 2 592 65 21605 2 722 28 1,11504 1,31647 10971 1,38229 23,172 36 25 021 95 2 085 16 26,273 05 25 500 00 26,632 97 2 219 41 29,296 27 24,000 00 10,746 29 89552 11 82092 7267236 52,40121 520010 67,39023 491 478 72 482 876 43 40 489 70 500,131 73 11,54736 - 8,981 31 -99844 15,567 79 000 3 649 31 30411 3 831 78 000 19665 19665 10000 000 3,84596 50076 3,931 78 000 3,64596 50076 3,931 78 11,547 36 5,13635 -49768 19,499 57 Based upon new rents for 2006 " Based upon previous Bank of America account Jettsetters Annual Anniversary Party Combination of previous vendor and current vendor Current vendor (Kona) -monthly contract at 410 00 "' WAMU deposits began 512005 "" Based on monthly service contract — Gas & Electric increased budget amt by 10% C} j Page 2 of 2 TO THE EL SEGUNDO CITY COUNCIL MEETING: December 6, 2005 AGENDA ITEM STATEMENT AGENDA HEADING: Committees, Commissions & Boards AGENDA DESCRIPTION: Consideration and possible action regarding the positions on Committees, Commissions and Boards ( "GCBs ") that will expire in the year 2006 RECOMMENDED COUNCIL ACTION: (1) Direct Staff to open the recruitment process for the positions on the CCBs, as listed, beginning January, 2006, (2) Alternatively, discuss and take other action related to this item BACKGROUND & DISCUSSION: Pursuant to Government Code §54972, attached is the Local Appointments List of the positions on CCBs that will expire in the year 2006, as well as background information on all CCBs This information is posted at the beginning of each year at City Hall and the El Segundo Public Library, on Community Cable and advertised in the El Segundo Herald This information is also made available to the public at the El Segundo Chamber of Commerce office, the Joslyn Center and Clubhouse Application forms, the anticipated vacancies in the year 2006 and the background information list will be posted effective January 1, 2006, on the City's website at www.elsegundo.org To apply to any CCB, potential candidates should contact City Hall at #524 -2302, for an application The deadline for filing applications is 48 hours prior to the posted interview date Interviews of candidates are set by the City Council when a sufficient number of candidates have applied to a position Applications can be picked up from the Administrative Offices at City Hall, the Library, the Chamber of Commerce, Joslyn Center, George E Gordon Clubhouse, the City's website or, upon request, will be mailed to interested persons ATTACHED SUPPORTING DOCUMENTS: CCB Background Information, and Listing of the year 2006 vacancies on Committees, Commissions and Board FISCAL IMPACT: N/A ORIGI""NATOR- ,, Date: November 16, 2005 a O Abreu, Executive Assistant REVIEWE9Al�, � Date: November 11, 2005 Rvj 016 BACKGROUND INFORMATION ON CITY COMMITTEES /COMMISSIONS /BOARDS 1. CAPITAL IMPROVEMENT PROGRAM ADVISORY COMMITTEE (CIPAC): (Public Works) is a 5- member committee, composed of 3 residents and 2 local Business representatives (no residency requirements for business reps) Members serve without compensation, for 4-year terms, without term limits The Director of Administrative Services and the Director of Public Works provide staff support to the committee The committee assists in the development of the 5 -year Capital Improvement Program ( "CIP ") Each year staff proposes CIP projects for a 5 -year period The committee reviews these projects and makes recommendations to the City Council for funding consideration in conjunction with the City's annual budget process In addition to the projects proposed by staff, the committee holds a community workshop each year to receive project requests from the general public The committee generally meets at 7:00 p.m., on a weekly basis during the months of February, March, April and May, with the goal of finalizing its recommendations to the City Council in June 2. COMMUNITY CABLE ADVISORY COMMITTEE: (Library & Cable Services) was restructured in July 1994 It is a 5- member committee, composed of residents, who serve without compensation, for 4 -year terms, without term limits The committee acts in an advisory capacity to the Community Cable Manager and the City Council regarding the policies and procedures surrounding governmental, educational, local origination, and community programming for channels 3 and 22 in the City of El Segundo The Committee meets on the 2nd Wednesday of every month, at 7 00 p m, in the Cable Studio at El Segundo High School Effective June, 2004, this Committee will meet on the 3`d Wednesday of every month at 7:00 p.m., at the El Segundo Library. 3. ECONOMIC DEVELOPMENT ADVISORY COUNCIL (EDAC): (Economic Development) is a spin -off of the City /Chamber of Commerce Business Retention & Attraction Task Force, originally established in 1990/91 The Committee was restructured in June 1994 by the City Council to implement the City's Economic Development Strategic Plan It is a 9- member committee, whose members represent a cross - section of the community, and includes both residents and non - residents. The committee positions have no term expiration, and members serve without compensation The committee's primary responsibility is to provide support and direction to staff, and to advise the City Council on business retention and attraction and implementation of the City's Economic Development Program The committee meets on an "as needed" basis at City Hall. 4. INVESTMENT ADVISORY COMMITTEE: (Treasurer /Administrative Services) was established by Resolution #3764 dated June 2, 1992, for the purpose of advising the City Treasurer and City Council on matters pertaining to the investment of the City's idle funds This is a 4- member committee; two are automatic appointments — (City Treasurer and Director of Administrative Services), the other two members (one of whom must be a resident of El Segundo) serve without compensation, for 4 -year terms, without term limits The committee meets quarterly at City Hall on the 3rd Tuesday in March, June, September and December. C;1�1 5. LIBRARY BOARD OF TRUSTEES: (Library & Cable Services) was established by City Council Resolution #3665 on December 4, 1990, pursuant to Education Code Section 18910 et seq The Board's 5- members must be 1 -year, or more, residents of El Segundo, who serve without compensation Trustees serve for 3 -year terms and may not serve for more than 2 consecutive terms The board acts in an advisory capacity to the City Council in all matters pertaining to the Library and cooperates with other governmental agencies and civic groups in the advancement of sound planning and programming The board considers, reviews, edits, and issues policy recommendations on library service, recommends the adoption of standards pertaining to library services and programs and makes recommendations for the provision of adequate library services consistent with community needs The board may administer any trust declared or created for the Library and approves the Library's Annual Report to the State Librarian The board meets at 7:00 p.m., on the 2nd Tuesday of every other month, beginning in January, at the El Segundo Library. 6. PLANNING COMMISSION: (Planning & Building Safety) was established pursuant to the Planning Laws of the State of California (Sec 65100 - 65106) on August 20, 1946 by City Ordinance #300 The commission is comprised of 5- members who serve with minimal compensation, for 4 -year terms, without term limits The commission makes recommendations to the City Council on the adoption or amendment of the City's General Plan, performs duties with respect to land subdivision, planning and zoning as prescribed by City and State law, and, advises the City Council on those matters falling within its charged responsibilities in a manner reflecting concern for the overall development and environment of the City as a setting for human activities The Commission meets on the 2 "d and 4th Thursday of each month, at 7:00 p.m., in City Hall Council Chambers. 7. RECREATION & PARKS COMMISSION: (Recreation & Parks) was established on March 23, 1938 by Resolution #448 It is comprised of 5- members, who must be residents of El Segundo Commissioners serve with minimal compensation for 4-year terms, without term limits The commission advises the City Council on all matters pertaining to recreation, parks, parkways and street trees It makes recommendations to the City Council regarding level of services, policies and assists in Implementing Recreation and Parks Department Improvements and programs, including youth counseling, senior outreach, golf operations, city transportation, and In the acquisition and disposal of park property The commission meets on the 3rd Wednesday of each month, at 7:00 p.m., in City Hall Council Chambers. 8. SENIOR CITIZEN HOUSING CORPORATION BOARD: (Recreation & Parks) is a non - profit corporation formed in 1984 for the construction of the low- income housing facility for seniors, referred to as "Park Vista " The Board was established in 1986 to actively oversee the management, operation, maintenance, and finances of Park Vista, The Board enters into an operating agreement with the City Council, and enlists a management company to operate the facility The Board, comprised of 7 directors, all El Segundo residents (per bylaws), serve without compensation, for 4 -year terms, without term limits The Board meets on the 4th Wednesday of every month, at 7:00 p.m., at Park Vista, 616 E. Holly Avenue, El Segundo. Refer to Park Vista Executive Summary, rev April 2001 Rev 11 -01 -05 NOTE LAX Master Plan Advisory Commission (Administration) was established on May 18, 1999 by Resolution #4114, for the express purpose of assisting the City Council in reviewing the LAX Master Plan and opposing the expansion of LAX The commission was disbanded during the 2004.2005 Budget process 0118 CITY OF EL SEGUNDO LOCAL APPOINTMENTS LIST (COMMISSIONS, COMMITTEES, AND BOARDS) Positions to Open in Year 2006 Posted pursuant to Govt Code § 54972 TO APPLY, CONTACT CITY HALL ADMINISTRATION, (310) 524 -2302 TERM EXPIRES /OPENINGS MAY RECREATION & PARKS COMMISSION- (4 Yr Term — No Term Limit - All Residents) Colleen Glynn -Rich (reapptd 614102 to 2nd 4 -yr term) 05/30/06 JUNE LIBRARY BOARD OF TRUSTEES: (3Yr Term — Max 2 Term Limit - All Residents) Darcy Fulmer (apptd 711103 to 1s` 3 -yr term) 06/30/06 PLANNING COMMISSION. (4 Yr Term — No Term Limitation) (All Residents) Robin Funk (apptd 6119102 to 15` 4- yrterm) 06/30/06 SENIOR CITIZEN HOUSING CORPORATION BOARD: (4 Yr Term — No Term Limit - All Residents) Paula Rotolo (apptd 614102 to 2nd 4 -yr term) 06/30/06 OCTOBER EL SEGUNDO COMMUNITY CABLE ADVISORY COMMITTEE: (4 Yr Term — No Term Limit - All Residents) Brian David Mitchell (apptd 6/19/02 to 1s' 4 -yr term) 10/31/06 NOVEMBER CAPITAL IMPROVEMENT PROGRAM ADVISORY COMMITTEE: (4 Yr Term — No Term Limit — 2 Business /3 Residents) Michael Dugan (reapptd 6119102 to 2ntl 4 -yr term) 11/30106 The ECONOMIC DEVELOPMENT ADVISORY COUNCIL does not have term expirations, but from time to time, due to resignations of members, candidates will be asked to apply John Van Hook - Small Business Rep - due to resignation effective 11/01/05 no exp Council Approval: December 6, 2005 Posted: December _, 2005 @ AM /PM. m 0119 O Z S' Zm U' N W Q N F W O� L< Up 3 I N N p O C W W W m Q W F p 1z O W_ F O U yOj F O ti F a o0 of 0 o 0 d N N b °a Y n W W W O U U U W O O O F a O O O O O 1 p � Z q� qm ry•• v� N m '� C •• 0 A O O N W N n N S N a NN tmo r2T� f 9 _ P Z W n ANN N ' C 'NmNn � IEV d Z• �n d j F N m yiaA U z @@ T R o w m w o z 303 a F° w LL n a�z0 vi z5 0`o z '6Z. oz mmzu " 5waor u� =n _oi 4FiFLLm ungcwi w mU3ZZm v o�fbE uE io�wx�rfgz^ _ z- ywy vw,dLLLL� 3 0 qy p�I00 �xgg�NON yFrc �LL j�] =�v�i» w 8 5 p �nSv prGI wFmn2¢ ¢N¢ "z� 0g za uu4a p °pZWW¢ w o Ls° m gEF£ LL¢yQ~�OLLLL >WIKK Z2FWr 22JRUZ wwpy8pwQ�QW A m. v Cmd�$ U U' ULL Q qi U-d, N N F ~F KGl um W =wp W LL o ti °- prcp p gwg wu u y `� v n i¢ i �Z °r `Z LL `� ? 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E= 0 Dom, vnu i c u U 00 p v O F< Y a m n a n II ¢ N OU _ IL OU LL' 4L Q 0 i 0 p n n 1, 41 CITY OF EL SEGUNDO PAYMENTS BY WIRE TRANSFER 11/4/2005 THROUGH 11/23/2005 Date 11/7/05 11/9/05 11/9/05 11/10/05 11/10/05 11/10/05 11/10/05 11/14/05 11/15/05 11/15/05 11/16/05 11/18/05 11/23/05 11/23/05 11/23/05 11/4-11/23/05 Payee Amount Description Federal Reserve 50 00 Employee I Bonds Lane Donovan Golf Ptr 18,812 22 Golf Course Payroll Trf Cal PERS 297,371 74 PERS Health West Basin 821,901 40 H2O payment Cal PERS 253,485 55 PERS Retirement Health Comp 1,41214 Weekly claims 1114 Pitney Bowes 30,000 00 Postage reserve account Pitney Bowes 2,00000 Postage reserve account IRS 182,891 48 Federal Taxes Employment Development 38,908 89 State Taxes Health Comp 49880 Weekly claims 11/11 La Salle 43,725 00 ABAG payment Health Comp 4,21447 Weekly claims 11/18 Lane Donovan Golf Ptr 21,334 39 Golf Course Payroll Trf Cal PERS 258,084 96 PERS Retirement Workers Comp Activity 34,007 51 SCRMA checks issued 2,008,698 55 DATE OF RATIFICATION: 12/6/05 TOTAL PAYMENTS BY WIRE. Certified as to the accuracy of the wire transfers by i I I ar d Date Z41 -C" Service Date Dat 2,008,698.55 on actual expenditures is available in the City Treasurer's Office of the City of El Segundo uz1 REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, NOVEMBER 15, 2005 - 5 00 P M 5 00 P M SESSION CALL TO ORDER — Council Member Jacobson at 5 00 p m ROLL CALL Mayor McDowell Mayor Pro Tern Gaines Council Member Boulgandes Council Member Busch Council Member Jacobson Present — arrived at 5 05 p m - Absent - Present - Present - Present Mark Hensley, City Attorney, announced that Council would be meeting in closed session pursuant to items identified on the agenda and that 54956 9(b) items were threats of litigation regarding the Postell/White Claim No 05 -42 and Dragone /Fransen, 916 Sheldon CLOSED SESSION The City Council moved into a closed session pursuant to applicable law, including the Brown Act (Government Code Section §54960, et seq ) for the purposes of conferring with the City's Real Property Negotiator, and /or conferring with the City Attorney on potential and /or existing litigation, and /or discussing matters covered under Government Code Section §54957 (Personnel), and /or conferring with the City's Labor Negotiators, as follows CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Gov't Code §54956 9(a)) — 3 matters City of El Segundo v City of Los Angeles, et al , LASC No BS09427E Bressi v City of El Segundo, LASC Case Nos BC288293 and 288292 Tom Kennedy v City of El Segundo, WCAB Case No AHM0114150 CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code §54956 9(b) -3- 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) — 0 matter CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957 6) -0- matter CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956 8)• -1- matter Purchase of Real Property (Parcel Nos 4138 - 004 -016 (primary parcel), 4138 - 004 -008 and 4138- 004 -015) City Negotiator Jeff Stewart, City Manager Property Owner Federal Express Corporation/Thomas Properties MINUTES OF THE REGULAR CITY COUNCIL MEETING NOVEMBER 15, 2005 PAGE NO U 1 / 2 4 SPECIAL MATTERS — 0 matter Council recessed at 6 50 p m. MINUTES OF THE REGULAR CITY COUNCIL MEETING NOVEMBER 15, 2005 PAGE NO 2 U�3 REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, NOVEMBER 15, 2005 - 7.00 P M 7 00 P M SESSION CALL TO ORDER — Mayor McDowell at 7 00 p m INVOCATION — Cathy Domann, Deputy City Clerk PLEDGE OF ALLEGIANCE — Mayor McDowell PRESENTATIONS — (a) Council Member Boulgarides presented a Proclamation to Fire Chief Norm Anglelo observing November 21, 2005 through December 19, 2005 as the Spark of Love Toy Drive and encouraging the community to support this holiday program by contributing toys and non - perishable foods to the El Segundo Fire Department during November 21, 2005 through December 19, 2005 ROLL CALL Mayor McDowell - Present Mayor Pro Tern Gaines - Absent 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 - NONE A PROCEDURAL MOTIONS Consideration of a motion to read all ordinances and resolutions on the Agenda by title only MOTION by Council Member Jacobson, SECONDED by Council Member Busch to read all ordinances and resolutions on the Agenda by title only MOTION PASSED BY UNANIMOUS VOICE VOTE 4/0 MAYOR PRO TEM GAINES ABSENT B. SPECIAL ORDERS OF BUSINESS MINUTES OF THE REGULAR CITY COUNCIL MEETING NOVEMBER 15, 2005 PAGE NO 3 024 Consideration and possible action (Public Hearing) regarding adopting Traffic Congestion Mitigation Fees and adding a new Chapter 27A in the El Segundo Municipal Code called Development Impact Fees (Fiscal Impact Traffic Mitigation Fee increase) Mayor McDowell stated this is the time and place hereto fixed for a public hearing regarding adopting Traffic Congestion Mitigation Fees and adding a new Chapter 27A in the El Segundo Municipal Code called Development Impact Fees Deputy Clerk Domann stated that proper notice was completed and no written communications had been received in the City Clerk's Office Seimone Jurps, Planning and Building Safety Director, gave a report MOTION by Council Member Jacobson, SECONDED by Council Member Boulgandes to close the public hearing MOTION PASSED BY UNANIMOUS VOICE VOTE 4/0 MAYOR PRO TEM GAINES ABSENT Mark Hensley, City Attorney, read by title only ORDINANCE NO 1389 AN ORDINANCE ADDING A NEW CHAPTER 27A, ENTITLED "DEVELOPMENT IMPACT FEES" TO TITLE 15 OF THE EL SEGUNDO MUNICIPAL CODE FOR THE PURPOSE OF IMPOSING FEES ON APPLICANTS SEEKING TO CONSTRUCT DEVELOPMENT PROJECTS. Council Member Boulgandes introduced the Ordinance Mark Hensley, City Attorney, read by title only RESOLUTION NO 4443 A RESOLUTION ADOPTING TRAFFIC CONGESTION MITIGATION FEES IN ACCORDANCE WITH TITLE 15 CHAPTER 27A OF THE EL SEGUNDO MUNICIPAL CODE MOTION by Council Member Busch, SECONDED by Council Member Jacobson to adopt Resolution No 4443 adopting Traffic Congestion Mitigation Fees in Accordance with Title 15 Chapter 27A of the El Segundo Municipal Code MOTION PASSED BY UNANIMOUS VOICE VOTE 4/0 MAYOR PRO TEM GAINES ABSENT C UNFINISHED BUSINESS 2 Consideration and possible action regarding award of contract to RBF Consulting (RBF) for a review of the Draft Environmental Impact Report (DEIR) for the City of Los Angeles Integrated Resource Plan (IRP) regarding the proposed expansion of the City of Los Angeles' Hyperion Wastewater Treatment Plant (Estimated cost $10,000) Seimone Jurps, Planning and Building Safety Director, gave a report MINUTES OF THE REGULAR CITY COUNCIL MEETING NOVEMBER 15, 2005 PAGE NO 4 025 MOTION by Council Member Jacobson, SECONDED by Council Member to Busch to award Contract No 3547 to RBF Consulting for a review of the Draft Environmental Impact Report for the City of Los Angeles Integrated Resource Plan regarding the proposed expansion of the City of Los Angeles' Hyperion Wastewater Treatment Plant and authorize the City Manager to execute the contract in a form approved by the City Attorney MOTION PASSED BY UNANIMOUS VOICE VOTE 4/0 MAYOR PRO TEM GAINES ABSENT Consideration and possible action regarding a presentation by Shannon David, Inc on the new business campaign project for the City of El Segundo consisting of forty (40) light pole banners on Sepulveda Blvd between Imperial Ave and Rosecrans Ave , three (3) billboards strategically located throughout the Los Angeles region, the development of a business web page and print ads in professional journals (Fiscal Impact $125,000 — approved previously) Debra Brighton, Library Director, gave a report Shannon Earle, Shannon David, Inc , gave a presentation Council consensus to receive and file the presentation 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 4 Approved Warrant Numbers 2550221 to 2550588 on Register No 03 in the total amount of $1,142,143 56 and Wire Transfers from 10/21/2005 through 11/3/2005 in the total amount of $638,093 61 Authorized staff to release Ratified Payroll and Employee Benefit checks, checks released early due to contracts or agreement, emergency disbursements and /or adjustments, and wire transfers 5 Approved City Council Meeting Minutes of November 1, 2005 6 Adopted Resolution Nos 4444, 4445 and 4446, establishing and updating the City /employer's contribution under the Public Employees' Medical and Hospital Care Act for the City's bargaining units Adopted Ordinance No 1387 to amend the Downtown Specific Plan by expanding the current boundary and incorporating the commercially zoned parcels along the 200 block of West Grand Avenue located between the current westerly boundary of the Plan area and Concord Street MINUTES OF THE REGULAR CITY COUNCIL MEETING NOVEMBER 15, 2005 PAGE NO 5 0 20 8 Adopted plans and specifications for Rehabilitation of Continental Boulevard from El Segundo Boulevard to Grand Avenue Approved Capital Improvement Program — Project No PW 05 -12 (Fiscal Impact $226,000) Authorized staff to advertise the project for receipt of construction bids 9 Approved request for the El Segundo Police Department to accept and utilize funds provided in a "Speed Monitoring and Reduction Project" funded by the California Office of Traffic Safety (OTS) Participation Includes one -time grant funding in the amount of $72,392 97 which includes $15,000 to support the City's every "Every 15 Minutes' program regarding driving while under the Influence. MOTION by Council Member Jacobson, SECONDED Consent Agenda Items 4, 5, 6, 7, 8, and 9 MOTION 4/0 MAYOR PRO TEM GAINES ABSENT CALL ITEMS FROM CONSENT AGENDA - NONE F NEW BUSINESS G REPORTS — CITY MANAGER — NONE H REPORTS — CITY ATTORNEY — NONE REPORTS — CITY CLERK — NONE REPORTS — CITY TREASURER - NONE K REPORTS — CITY COUNCIL MEMBERS by Council Member Busch to approve PASSED BY UNANIMOUS VOICE VOTE Council Member Boulgandes — Spoke regarding the upcoming General Municipal Election Requested an item be agendized under his name for a future meeting regarding setting up a task force to develop a new City Logo and Seal He announced the upcoming Joint City Council and Planning Commission Meeting scheduled for November 29, 2005, 7 00 p m in the Council Chamber, regarding R1 building standards. Also spoke regarding the Memorial Day Ceremony at Freedom Park Council Member Busch — Spoke regarding Redondo Beach's attempt to develop a new City Seal and Logo and on the Aquatics Task Force Wished everyone a Happy Thanksgiving Council Member Jacobson — 10 Consideration and possible action regarding adoption of a voluntary limitation on the placement of campaign signs on private property (Fiscal Impact None) MINUTES OF THE REGULAR CITY COUNCIL MEETING NOVEMBER 15, 2005 PAGE NO 6 02 MOTION Council Member Jacobson, SECONDED by Council Member Boulgandes to adopt a voluntary limitation on the placement of campaign signs on private property and approve the "Statement of Responsibility for Temporary Political Signs" form MOTION PASSED BY UNANIMOUS VOICE VOTE 4/0 MAYOR PRO TEM GAINES ABSENT Mayor McDowell — Wished the community a Happy Thanksgiving 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 Gail Church, Tree Muskateers, announced that the public was invited to a Memory Tree Planting on November 26„ 2005 at 1 00 p.m in honor of former Mayor Mike Gordon MEMORIALS — Opal Aries Ducey Holmes, 63 year resident of El Segundo CLOSED SESSION - NONE ADJOURNMENT at 7 48 p m Cathy Domann, Deputy City Clerk MINUTES OF THE REGULAR CITY COUNCIL MEETING NOVEMBER 15, 2005 PAGE NO 7 !'8 SPECIAL MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, NOVEMBER 29, 2005 - 6 00 P M CALL TO ORDER — Mayor McDowell at 6 00 ROLL CALL Mayor McDowell - Present Mayor Pro Tern Gaines - Present Council Member Boulgandes - Present Council Member Busch - Present Council Member Jacobson - 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 CLOSED SESSION: The City Council moved into a closed session pursuant to applicable law, including the Brown Act (Government Code Section §54960, et seq ) for the purposes of conferring with the City's Real Property Negotiator, and /or conferring with the City Attorney on potential and /or existing litigation; and /or discussing matters covered under Government Code Section §54957 (Personnel), and /or conferring with the City's Labor Negotiators; as follows- CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION Pursuant to Government Code Section 54956 9(a) -1 1 City of El Segundo v City of Los Angeles, et al , LASC No BS094279 ADJOURNMENT — 6 54 p m Cathy Domann, Deputy City Clerk 029 EL SEGUNDO CITY COUNCIL AGENDA ITEM STATEMENT MEETING DATE. December 6, 2005 AGENDA HEADING Consent Agenc Consideration and possible action regarding the adoption of an Ordinance adding a new Chapter 27A In the El Segundo Municipal Code called Development Impact Fees (Fiscal Impact None) RECOMMENDED COUNCIL ACTION 1) Second reading by title only and adoption of Ordinance No 1389 for adding a new Chapter 27A In the El Segundo Municipal Code, and /or 2) Alternatively, discuss and take other action related to this Item BACKGROUND & DISCUSSION. On November 15, 2005 the City Council held a public hearing and Introduced an Ordinance adding Chapter 27A titled Development Impact Fees to the El Segundo Municipal Code The Ordinance was read into the record and is presented for a second reading and adoption If adopted without change, the provisions will become effective in 30 days ATTACHED SUPPORTING DOCUMENTS. Ordinance FISCAL IMPACT: Operating Budget: N/A Amount Requested, N/A Account Number. N/A Project Phase. N/A Appropriation Required: _,YES X NO ORIGINATED BY: Seimone Jeff,iWArt, City Manager and DATE November 28, 2005 11h, K P \Planning & Building Safety\Sturps \Staff Reports Part 27raffic Congestion Mitigation Fee \Development Impact Fees Second read CC 12 06 2005 SR doc W U30 ORDINANCE NO. 1389 AN ORDINANCE ADDING A NEW CHAPTER 27A, ENTITLED "DEVELOPMENT IMPACT FEES" TO TITLE 15 OF THE EL SEGUNDO MUNICIPAL CODE FOR THE PURPOSE OF IMPOSING FEES ON APPLICANTS SEEKING TO CONSTRUCT DEVELOPMENT PROJECTS. The City Council of the city of El Segundo does ordain as follows. SECTION 1 The City Council finds and declares as follows' A New land development generates impacts on public services and public facilities for which revenues generated through property taxes and other means are generally insufficient to accommodate, B Policy Objective number LU7 -1 in the Land Use Element of the General Plan for the City of El Segundo states that it is the City's objective to provide the highest and most efficient level of public services and public infrastructure financially possible; C Policy Objective number LU7 -1 in the Land Use Element of the General Plan for the City of El Segundo states that the City should provide adequate maintenance for all public infrastructure facilities, D Impact fees are desirable and necessary for the City to more fully pay for the public costs of new growth and development, E. It is the City's intent and desire to have developers pay for their fair share of public costs associated with new development while at the same time facilitating growth that is in the public interest, The City is mindful of the constitutional limitations and restrictions verified by cases such as City of Monterey v, Del Monte Dunes at Monterey, Ltd., et at (1999) 526 U S 687, Dolan v City of Tigard (1994) 512 U.S 374, and Nolan v Cal, Coastal Comm'n (1987) 483 U S 825, and Ehrlich v City of Culver City (1996) 12 Cal 4`h 854 This Ordinance is intended to, and does, comply with such constitutional limitations on the City's police powers, G The Mitigation Fee Act (Government Code §§ 66000, et seq ) enables and encourages the City to enact appropriate development impact fees; H The imposition of impact fees is one of the preferred methods of ensuring that development bears a proportionate share of the cost Page 1 of 10 0 3 1 of capital facilities necessary to accommodate such development. This must be done in order to promote and protect the public health, safety and welfare, The fees established by this ordinance are derived from, are based upon, and do not exceed the costs of providing capital facilities necessitated by the new land developments for which the fees are levied, The City assumes the responsibility for and is committed to providing public facilities at levels necessary to cure any existing deficiencies in already developed areas Impact fees collected pursuant to this Chapter will not be used to cure existing deficiencies in public facilities, K. To the extent that new development in designated benefit areas places demands upon public facilities, those demands should be satisfied by shifting the responsibility for financing the provision of such facilities from the public to the development creating the demands, The report entitled 'Traffic Impact Fee Study Update" dated November 2, 2005 (and as may be revised from time to time), prepared by MumFinancial, sets forth reasonable methodology and analysis for the determination of the impact of new development on the need for and costs for additional capital facilities improvements in the City M After careful consideration, including a review of the documentary and testimonial evidence submitted during a public hearing on November 15, 2005, the City Council finds that the imposition of impact fees to finance specified major public facilities in designated benefit areas is in the best interests of the general welfare of the City and its residents, is equitable, and does not impose an unfair burden on new development N It is in the public interest to adopt this ordinance for the purpose of protecting the public health, safety, and welfare SECTION 2 A new Chapter 27A, entitled "Development Impact Fees," and consisting of Sections 15 -27A -1 to 15- 27A -15, is added to Title 15 of the El Segundo Municipal Code ( "ESMC ") to read as follows Page 2 of 10 Chapter 27A DEVELOPMENT IMPACT FEES SECTION: 15.27AA PURPOSE. 15 -27A -2 APPLICABILITY. 15 -27A -3 EXEMPTIONS. 15 -27A -4 DEFINITIONS. 15 -27A -5 NOTICE AND HEARING REQUIREMENTS. 15 -27A -6 IMPOSITION OF FEES /AUTOMATIC ADJUSTMENT. 15 -27A -7 IMPACT FEE ACCOUNTS. 15 -27A -8 USE OF IMPACT FEE PROCEEDS. 15 -27A -9 REFUNDS. 15- 27A -10 PROTESTS, APPEALS, AND AUDITS. 15- 27A -11 AMENDMENT PROCEDURES. 15- 27A -12 CREDITS. 15 -27AA3 CONFLICTS. 15- 27A -1: PURPOSE: This Ordinance is adopted pursuant to the city's police powers and the Mitigation Fee Act (Government Code §§ 66000, et seq ), for the purpose of imposing fees on applicants seeking to construct development projects The purpose of such fees is to minimize, to the greatest extent practicable, the impact that new development has on the city's public services and public facilities Toward that end, the city intends that applicants for such development projects pay their fair share of the costs of providing such public services and public facilities Accordingly, the amount of each impact fee is calculated based upon the gross square footage of nonresidential development, number of residential dwelling units, type or density or intensity of use, vehicle trip generation, or other appropriate methodology which ensures that the fee is roughly proportional to the impacts of new development on public facilities The City assumes responsibility for and will pay for with general city revenues all public facility needs for existing development 15- 27A -2: APPLICABILITY. Unless expressly excepted or exempted, this chapter applies to all fees imposed by the City to finance public facilities attributable to new development, including without limitation A Law Enforcement Facilities, Vehicles, and Equipment, B Fire Suppression Facilities, Vehicles, and Equipment, C General Facilities, Vehicles, and Equipment; Page 3 of 10 033 D Community Library Facilities and Collections, E Public Use (Community Centers) Facilities, F Parks /Open Space and Recreation Facilities, and G Road Project Construction, Right -of -Way Acquisition, and Engineering 15- 27A -3: EXEMPTIONS: This chapter does not apply to A Taxes and special assessments, B. Fees for processing development applications, C. Fees for enforcing regulations, D. Fees collected under development agreements; E. Fees imposed pursuant to a reimbursement agreement between the City and a property owner for that portion of the cost of a public facility paid for by the property owner which exceeds the need for the public facility attributable to, reasonably related to, and roughly proportional to the development, F Fees to mitigate impacts on the environment, or G Fees imposed, levied or collected by other governmental agencies including subdivisions of the state and federal government 15- 27A-4: DEFINITIONS: Unless the contrary is stated or clearly appears from the context, the following definitions will govern the construction of the words and phrases used in this chapter A 'Benefit area" means the geographic area within which impact fees are collected and expended for a particular type of capital improvement serving development projects within such area B "Capital improvement' means land or facilities for the storage, treatment or distribution of water, for the collection, treatment, reclamation or disposal of sewage, for the collection and disposal of stormwaters and for watershed preservation purposes, for purposes of transportation and transit, including without limitation, streets, street lighting and traffic- control devices and supporting improvements, roads, overpasses, bridges, airports, and related facilities, for parks and recreational improvements, for public safety, Page 4 of 10 0 3 4 including police and fire facilities; for schools and child care facilities, for libraries and public art; for public buildings of all kinds, and for any other capital project identified in the City's Capital Improvements Plan Capital improvement also includes design, engineering, inspection, testing, planning, legal land acquisition and all other costs associated with construction of a public facility C "Capital Improvements Plan" means the long term plan for capital improvements, adopted by the City Council, describing the approximate location, size, time of availability and estimated cost of capital improvement protects and identifies sources of funding for capital improvement projects D "Capital Improvements Project List" means the list attached to a Council resolution setting the base fee amount for each specific impact fee The list must describe the approximate location, size, time of availability and estimated cost of each capital improvement to be funded from a particular impact fee account E "Collection" means the point in time at which the impact fee is actually paid over to the City F "Commitment" means earmarking impact fees to fund or partially fund capital improvements serving new development projects G "New development or development project" means and includes any project undertaken for the purpose of development, including without limitation a protect involving the permit issuance for construction, reconstruction, or change of use, but not a project involving permit issuance for operating, remodeling, rehabilitating, or improving an existing structure, nor the rebuilding of a structure destroyed or damaged through natural disaster, nor the replacement of one mobile home with another on the same pad if no dwelling unit is added H "Dwelling unit" means one or more rooms in a building or a portion of a room, designed, intended to be used, or actually used for occupancy by one family for living and sleeping quarters, and containing one kitchen only, and includes a mobile home, but not hotel or motel units "Impact fee" means any monetary exaction imposed by the City as a condition of or in connection with approval of a development project for the purpose of defraying all or some of the cost of or repayment of costs previously expended from other City funds for capital improvements relating to the project Page 5 of 10 6 3:5 "Impose" means to determine that a particular development project is subject to the collection of impact fees as a condition of development approval K. "Nonresidential development project" means all development other than residential development protects "Residential development project" means any development undertaken to create a new dwelling unit or units 15- 27A -5: NOTICE AND HEARING REQUIREMENTS: A Any legislative action adopting an ordinance, resolution, or other legislative enactment adopting a new impact fee or approving an increase in an existing fee must be accomplished in accordance with Government Code § 66018 B Any costs incurred by the City in conducting public hearings required by this section may be recovered as a part of the impact fees which are the subject of the hearing 15- 27A-6: IMPOSITION OF FEES /AUTOMATIC ADJUSTMENT: A Except as otherwise provided, persons submitting applications seeking approval for new development projects must pay the City impact fees, in an amount set by city council resolution, as a condition for the City to approve such development projects B No tentative or final subdivision map, parcel map, grading permit, budding permit, final inspection, or certificate of occupancy, or other development permit, may be approved unless the provisions of this section are fulfilled C Impact fees will be imposed by including the following language in any document of development approval "All fees imposed pursuant to Title 15 Chapter 27A of the El Segundo Municipal Code must be paid to the City before this project is approved " D The Director of Planning and Budding Safety or the Director of Public Works will collect impact fees before the City issues a budding permit, except that the connection fees are collected at the time an applicant seeks to connect to the City's utility system Page 6 of 10 6.36 E Unless otherwise revised, the impact fees established by this chapter will be automatically adjusted on an annual basis at the beginning of each fiscal year based on the average percentage change over the previous calendar year set forth in the Construction Price Index for the Los Angeles metropolitan area The first impact fee adjustment cannot be made before a minimum of ten (10) months after the effective date of the ordinance adding this chapter to the code 15- 27A -7: IMPACT FEE ACCOUNTS A The City must establish an impact fee account for each benefit area and for each type of capital improvement for which an impact fee is imposed Impact fees collected must be deposited in each such account according to type of improvement and benefit area The funds of the account cannot be commingled with the City's other funds Any account previously established for the deposit of funds which would have been developer impact fees under this chapter are deemed an impact fee account for the purposes of this chapter B Each impact fee account must be interest - bearing and the accumulated interest will become a part of the account C The funds of each account will be expended within the benefit area exclusively for the capital improvements for which the impact fees were collected 15- 27A -8: USE OF IMPACT FEE PROCEEDS: Impact fees may be expended only for the type of capital improvements for which they were imposed, calculated, and collected and according to the time limits and procedures established in this chapter Impact fees maybe used to pay the principal, interest and other costs of bonds, notes and other obligations issued or undertaken by or on behalf of the City to finance such improvements 15- 27A -9: REFUNDS A Except as described in this section, upon application of the property owner, the City must refund that portion of any impact fee which has been on deposit over five years and which is unexpended and uncommitted The refund will be made to the then - current owner or owners of lots or units of the development project or projects, provided that the then - current owner submits an application for a refund to the City within one hundred eighty (180) days before the five (5) year period expires B If fees in any impact fee account are unexpended or uncommitted, Page 7 of 10 037 starting with the fifth (5th) fiscal year after the first deposit into the account or fund, and every subsequent five (5) years, the City Council must make the findings required by Government Code § 66001(d) for maintaining funds on deposit If the Council makes such findings, the fees are exempt from the refund requirement C The City may issue refunds through direct payment, offsetting the refund against other impact fees due for development projects by the owner on the same or other property, or otherwise by agreement with the owner If the costs of refunding the impact fees would exceed the amount refunded, the City may instead comply with Government Code § 66001(f) 15- 27A -10: PROTESTS, APPEALS, AND AUDITS. All protests, appeals, and audits must be conducted in accordance with the procedures contained in the Mitigation Fee Act (commencing at Government Code §§ 66020 et seq ). 15- 27A -11: AMENDMENT PROCEDURES. At least once each year, before the City Council's adoption of the budget and revisions to the Capital Improvements Project List, the city manager, or designee, must report to the City Council with- A Recommendations for amendments to this chapter and to other parts of this code and to resolutions establishing impact fees, B Proposals for changes to the Capital Improvements Project List, identifying capital improvements to be funded, in whole or in part, by impact fees, C Proposals for changes in the boundaries of benefit areas, and D Proposals for changes to impact fee rates and schedules 15- 27A -12: CREDITS. A A property owner who dedicates land or agrees to participate in an assessment district or otherwise contributes funds for capital improvements, as defined in this chapter, may be eligible for a credit for such contribution against the impact fee otherwise due B The Director of Planning and Budding Safety or the Director of Public Works must determine (1) whether the contribution meets capital improvement needs for which the particular impact fee has been imposed, (2) whether the contribution will substitute for or otherwise reduce the need for capital improvements anticipated to be provided with impact fee funds, and (3) the value of the Page 8 of 10 0 A developer contribution In no event, however, will the credit exceed the amount of the otherwise applicable impact fee C Any application for credit must be submitted at or before the time of development project approval on forms provided by the City The application must contain a declaration of those facts, under oath, along with the relevant documentary evidence which qualifies the property owner for the credit 15- 27A -13: CONFLICTS. In the event of a conflict between the provisions of this chapter and the provisions of any other ordinance or resolution establishing or amending impact fees, the provisions of this chapter govern " SECTION 3 Repeal of any provision of the ESMC, or any other City resolution or ordinance herein will not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before, this Ordinance's effective date Any such repealed part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Ordinance SECTION 4 The this ordinance is exempt from review under the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq , "CEQA ") and CEQA regulations (14 California Code of Regulations §§ 15000, et seq ) because it establishes fees and charges for the purpose of obtaining funds for capital protects necessary to maintain service within existing service areas This Ordinance, therefore, is categorically exempt from further CEQA review under Cal Code Regs Title 14, § 15273 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: 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 take effect on the 31st day following its final passage and adoption Page 9 of 10 0 J �) PASSED AND ADOPTED this _ day of , 2005 Kelly McDowell, Mayor ATTEST Cindy Mortesen, City Clerk APPROVED AS TO FORM Mark D Hensley, City Attorney m Karl H Berger, Assistant City Attorney Page 10 of 10 040 EL SEGUNDO CITY COUNCIL AGENDA ITEM STATEMENT AGENDA MEETING DATE: December 6, 2005 AGENDA HEADING: Consent Aqenda Consideration and possible action regarding adoption of plans and specifications for the installation of the Americans with Disabilities Act (ADA) compliant Automatic Doors at the south side of the City Hall (entrance outside City Council Chambers), and on the north entrance of the Police Department Project No PW 05 -13 CDBG Project No 600803 -05 (Fiscal Impact None) RECOMMENDED COUNCIL ACTION• Recommendation — (1) Approve Plans and Specifications, (2) Authorize staff to advertise the project for the receipt of construction bids, and /or (3) Alternatively, discuss and take other action related to this item BACKGROUND & DISCUSSION- As part of the City's ongoing effort to make programs, services and facilities accessible for people with disabilities, the existing doors at the Police Department and City Hall will be replaced to meet ADA standards (Background and discussion continued on the next page ) ATTACHED SUPPORTING DOCUMENTS. None FISCAL IMPACT: Operating Budget, Capital Improvement Program: Amount Requested. Account Number. Project Phase: Appropriation Required: $60,000 $60,000 111 -400- 2781 -8498 Adopt Plans and Specifications No ORIGI TED`iB /DA E: Steven Finton, Director of Public Works RE DATE: /I ;1 t S J Manage r 6 G4,. BACKGROUND & DISCUSSION: (continued) The automated door project includes installing ADA- compliant entrance doors at the south side of the City Hall (entrance outside City Council Chambers), and the north side of the Police Department The work includes removal, realignment and re- installation of door assemblies, floor systems and mechanical systems to accommodate the installations This project is funded by the Community Development Block Grant (CDBG) program which was approved by the City Council on January 18, 2005 This project is also included in the adopted fiscal year 2004 -2005 Capital Improvement Program (CIP) EL SEGUNDO CITY COUNCIL MEETING DATE. December 6, 2005 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action regarding acceptance of the project forthe Replacement of Water Lines 2003 -2004, located at 600 -1000 block of East Manposa Avenue, 600 -1000 block of East Maple Avenue, 600 -700 block of Maryland Street and 600 -700 block of Bungalow Drive Project No PW 04 -06 — Approved Capital Improvement Program - (Final contract amount = $491,808 00) RECOMMENDED COUNCIL ACTION: Recommendation — (1) Accept the work as complete, (2) Authorize the City Clerk to file the City Engineer's Notice of Completion in the County Recorder's Office, (3) Alternatively discuss and take other action related to this item BACKGROUND & DISCUSSION: On April 5, 2005 the City Council awarded a contract in the amount of $ 496,021 50 to John T Malloy, Inc to replace water mains on Manposa Avenue between Penn Street to Center Street, Maple Avenue from Sierra Street to Center Street, Bungalow Drive from Manposa to Maple Avenues and Maryland Street from Mariposa Avenue to Maple Avenue (Background and discussion continued on the next page......) ATTACHED SUPPORTING DOCUMENTS' 1 Notice of Completion FISCAL IMPACT: Operating Budget: Capital Improvement Program, Amount Requested, Account Number. Project Phase: Appropriation Required. Steve Finton, Public Works Director REVIEWED,B) Jeff $600,000 Yes $491,808 501- 400 -7103 -8207 Accept the work as complete No DATE: 18, 2005 643 7 BACKGROUND AND DISCUSSION CONTINUED: The work has now been completed to the satisfaction of staff The final contract amount based on the measured quantities is $491,808 Staff recommends acceptance of this project Recording Requested by and When Recorded Mail To City Clerk, City Hall 350 Main Street El Segundo, CA 90245 NOTICE OF COMPLETION OF CONSTRUCTION PROJECT Protect Name Replacement of Water Lines 2003 -2004 Protect No PW 04 -06 Notice is hereby given pursuant to State of California Civil Code Section 3093 et seq that 1 The undersigned is an officer of the owner of the interest stated below in the property hereinafter described 2 The full name of the owner is City of El Segundo 3 The full address of the owner is City Hall, 350 Main Street, El Segundo, CA, 90245 4 The nature of the interest of the owner is Public street right -of -way 5 A work of improvement on the property hereinafter described was field reviewed by the City Engineer on November 17, 2005 The work done was Replacement of Waterlines 6 On December 6, 2005, the City Council of the City of El Segundo accepted the work of this contract as being complete and directed the recording of this Notice of Completion in the Office of the County Recorder 7 The name of the Contractor for such work of improvement was John T Malloy, Inc 8 The property on which said work of improvement was completed is in the City of El Segundo, County of Los Angeles, State of California, and is described as follows 9 The street address of said property is Various Locations Dated Steven Finton, City Engineer /Director of Public Works VERIFICATION I, the undersigned, say I am the City Engineer of the City El Segundo, the declarant of the foregoing Notice of Completion, I have read said Notice of Completion and know the contents thereof, the same is true of my own knowledge I declare under penalty of perjury the foregoing Is true and correct Executed on , 2005 at El Segundo, California Steven Finton, City Engineer /Director of Public Works SPECIFICATIONS- PROJECT&PW -04 -06 045 EL SEGUNDO CITY COUNCIL MEETING DATE. December 6, 2005 AGENDA ITEM STATEMENT AGENDA HEADING- New Business AGENDA DESCRIPTION- Consideration and possible action regarding entering into a purchase and sale agreement, opening escrow with Thomas Properties Group (TPG), and selecting Tempkin Inc, as the appraiser, for the anticipated purchase of five -acres of land located at the northeast corner of Mariposa Avenue and Nash Street (to be used for athletic fields) pursuant to the development agreement entered Into between the City and TPG in January 2001 (Fiscal Impact $50,000 deposit into escrow, $16,500 for appraisal) RECOMMENDED COUNCIL ACTION. 1) Authorize the Mayor to execute the purchase and sale Agreement in a form approved by the City Attorney, 2) Authorize the Mayor to execute an agreement in a form approved by the City Attorney for appraisal services with Tempkin Inc 3) Authorize staff to open escrow with Thomas Properties Group and deposit $50,000 Into the escrow account, and /or 4) Alternatively, discuss and take other action related to this item on next 1) Site Plan, 2) Purchase and Sale Agreement, 3) Covenant, and, 4) Proposal for appraisal services from Tempkin Inc; FISCAL IMPACT Operating Budget $5,500,000 Amount Requested $66,500 (Escrow Deposit and appraisal fee) Account Number 302 - 400 - 8202 -6998 Project Phase. N/A Appropriation Required: _Yes X No _41(11 r3 Seimone Junis -Dlrec Jeff SteWArf, City Manager and DATE: loos X �b STAFF REPORT: December 6, 2005 BACKGROUND & DISCUSSION (cont.) Page 2 In 2001 the City entered into a development agreement (DA) with Thomas Properties Group (TPG) for the development of 46 5 acres located at 827 North Douglas Boulevard One of the terms of the DA was the developer, TPG, would offer five -acres of the property, located in the southwest corner of the site, to the City for purchase so that the City may develop it as soccer fields TPG has purchased and taken full possession of the entire 46 5 -acre site TPG has offered the approximate five -acres of potential park site to the City to purchase To begin the process of purchasing the five -acres a purchase and sale agreement needs to be executed so that the City may enter into escrow with TPG In addition, $50,000 must be deposited into the escrow account The general form of the agreement was agreed to by the parties as part of the development agreement The deposit will be applied towards the final purchase price of the site Staff anticipates closing escrow in 45 -days from the time escrow opens Per the development agreement, the maximum purchase price the City would have to pay for the five -acres is five million dollars However, pursuant to the development agreement the City is supposed to pay less than fair market value for the property and the property is to be appraised and sold based upon its value as park land The purchase and sale agreement provides for a process for having the property appraised Also, staff will be conducting due diligence regarding the environmental condition of the property In this connection, staff will be reviewing all of the Phase I environmental documents that have been submitted to the City and potentially requesting and reviewing other relevant information to ensure that there are no outstanding environmental issues prior to closing escrow APPRAISAL Staff coordinated with TPG on selecting an appraiser to value the five -acres Several were considered, but the final selection of Tempkin Inc. was based on credentials, experience, and a positive interview Staff is using a standard professional services agreement approved by the City Attorney for this type of service RECOMMENDATION Staff recommends that City Council authorize the Mayor to execute a purchase and sale agreement and appraisal services and authorize staff to open escrow and deposit $50,000 for the purchase of the five -acre site P \Planning & Building Safety \S1urlis \Staff Reports Part 2 \Purchase of Soccer Fields \Staff report to open escrow and deposit $50000 12 -06 -2005 doc tf -7 iw T rr r is K� AGREEMENT OF PURCHASE AND SALE AND ESCROW INSTRUCTIONS This Agreement of Purchase and Sale and Escrow Instructions (the "Agreement ") is made as of , by and between TPG -El Segundo Partners, LLC, a California corporation ( "Seller "), and the City of El Segundo, a municipal corporation ( "Buyer ") Recitals A On or about October 12, 2005, Seller obtained title to and is currently the owner of approximately 5 acres of unimproved real property located at the northeast corner of Manposa Avenue and Nash Street, El Segundo, California, described in Paragraph 1 I below B Buyer and Seller have entered into that certain Development Agreement recorded as Instrument No 02- 0660073 in the Official Records of Los Angeles County, California (the "Development Agreement ") which, among other things, requires Seller to offer the Property for sale to Buyer The Development Agreement further requires Buyer and Seller to execute a purchase and sale agreement within sixty (60) days after Seller obtained title to the Property C In consideration of the agreements set forth in this Agreement and in satisfaction of the parties' obligations under the Development Agreement, Seller has agreed to sell the Property to Buyer, and Buyer has agreed to purchase the Property from Seller under the terms of this Agreement for use as a public recreational facility THE PARTIES AGREE AS FOLLOWS 1 Sale of Property, Purchase Price 1 1 Sale of Property Seller shall sell to Buyer and Buyer shall purchase from Seller, at the price and upon the terms and conditions set forth in this Agreement (i) that certain real property containing approximately 5 acres and located at the northeast corner of Manposa Avenue and Nash Street, in El Segundo, California and more particularly described in Exhibit "1 1" attached hereto (the "Real Property "), (ii) all appurtenances to the Real Property owned by Seller, including, without limitation, all development rights, air rights, mineral rights, water, water rights and water stock relating to the Real Property (the "Appurtenant Rights ") The Real Property and the Appurtenant Rights are collectively referred to herein as the "Property " 12 Purchase Price Buyer shall pay to Seller as the total purchase price for the Property (the "Purchase Price ") an amount equal to the fair market value of the Property, as determined by an independent appraisal appraising the Property as park land as provided in Paragraph 2 12 below, not to exceed $5,000,000 The Purchase Price shall be payable as follows 12 1 Deposits Buyer shall deposit the sum of $50,000 (the "Deposit ") to Seller into "Escrow" (as defined in Paragraph 2 1 below) in immediately available funds concurrently with the Opening of Escrow (as defined in Paragraph 2 1 below). -I- 049 12 2 Balance The balance of the Purchase Price (the "Balance ") shall be deposited by Buyer in immediately available funds into Escrow no later than two (2) business days before the Closing Date (as defined in Paragraph 2 2 below) 2 Escrow, Closing Conditions 2 1 Escrow No later than five (5) business days after the execution of this Agreement by Buyer and Seller, Buyer and Seller shall open an escrow (the "Escrow ") with Chicago Title (the "Escrow Holder ") and shall deliver a fully executed copy of this Agreement to Escrow Holder The deposit with Escrow Holder of this Agreement shall constitute the opening of Escrow (the "Opening of Escrow ") and authorization to Escrow Holder to act in accordance with the terms of this Agreement Escrow Holder's standard provisions are attached hereto as Exhibit "2 1" and shall become a part hereof, provided, however that if there is any conflict or inconsistency between such standard provisions and this Agreement, then this Agreement shall control 2 2 Closing Date The Escrow shall close on that date which is seven (7) days following the expiration of the Feasibility Period (the "Closing Date ") [Notwithstanding the foregoing, the "Closing" or "Close of Escrow" (as defined in Paragraph 2 7 below) shall not occur unless the conditions to the Close of Escrow set forth in this Agreement have been satisfied or waived, including, without limitation, (i) the conditions set forth in Paragraphs 2 9 below, (u) the condition that all items described in Paragraphs 2 5 and 2 6 below shall have been deposited with Escrow Holder, and (iii) the condition that the "Title Company" (as defined in Paragraph 2 3 below) has unconditionally committed to issue the "Title Policy" (as defined in Paragraph 2 3 below) If any of such conditions have not been satisfied or waived on or before the Closing Date and neither party is in default hereunder, this Agreement and the Escrow shall terminate, and the provisions of Paragraph 2 11 below shall apply 2.3 Title and Title Insurance Seller shall convey title to the Property to Buyer by a grant deed (the "Grant Deed ") At the "Close of Escrow," Chicago Title (the "Title Company "), shall issue through Escrow an ALTA Owner's Policy of Title Insurance (the "Title Policy ") with liability in the amount of the Purchase Price, insuring fee title to the Property vested in Buyer, subject only to the following exceptions (the "Permitted Exceptions ") (i) the standard printed exceptions set forth in the Title Policy, (u) general and special taxes and assessments not then delinquent, (iii) those certain exceptions which have been approved by Buyer as provided in Paragraph 2 9 2 below, (iv) any exceptions to title created by or made through Buyer, and (v) the easements reserved by Seller as set forth in Paragraph 15 2,4 Costs. -2- ('50 2 4 1 Escrow Holder's fees with respect to the Escrow shall be shared equally by Seller and Buyer 2 4.2 Seller shall pay the premium for the CLTA portion of the Title Policy The additional cost for the ALTA coverage and any endorsements to the Title Policy requested by Buyer shall be paid for by Buyer Buyer shall pay all costs and expenses, if any, incurred in connection with its obtaining a survey of the Property 2.4 3 All expenses and charges incurred in connection with the discharge of delinquent taxes, if any, or hens or encumbrances on the Property (other than those Permitted Exceptions), shall be paid by Seller 2 4 4 All installments of bonds, special taxes or assessments which are a lien on the Property prior to the time of Closing shall be paid by Seller 2 4 5 Each party shall be responsible for payment of the fees and expenses of its counsel relating to this Agreement and the transactions contemplated hereby 2 4 6 Any documentary or transfer taxes and recording fees shall be paid by Seller 2 4.7 Any other closing costs or charges are to be paid as is customary in the County of Los Angeles, California 2 5 Deposit of Documents and Funds by Seller. Seller shall deposit with Escrow Holder the following items no later than two (2) business days prior to the Closing Date, duly executed and acknowledged where required 2 5 1 The Grant Deed 2 5 2 An affidavit certifying that Seller is not a "foreign person," as defined in the Internal Revenue Code 2 5 3 All other documents as may reasonably be required by Escrow Holder or the Title Company to close the Escrow in accordance with this Agreement 2 6 Deposit of Documents and Funds by Buyer Buyer shall deposit with Escrow Holder the following items no later than two (2) business days prior to the Closing Date, duly executed and acknowledged where required 2 6 1 The Balance, plus such additional funds as are required to pay Buyer's costs and proration as provided to Paragraph 2.4 above and Paragraph 2 8 below, less any credits Buyer is entitled to hereunder 262 A completed and originally executed Preliminary Change of Ownership Report in the form required by the Los Angeles County Recorder's Office (the "Change of Ownership Report") -3- C15 1 2 6 3 The Covenant (as defined in Paragraph 10 below) 264 All other funds and documents as maybe reasonably required by Escrow Holder to close the Escrow in accordance with this Agreement 2 7 Delivery of Documents and Funds at C1osin The performance of the acts set forth in this paragraph shall constitute the "Closing" or the "Close of Escrow" as such terms are used in this Agreement The Escrow Holder shall conduct the Closing by recording and distributing the following described documents and funds in the following manner 2 7 1 Record the Grant Deed and the Covenant in the Office of the County Recorder of Los Angeles County and simultaneously deliver the Change of Ownership Report to such Office The Covenant shall be recorded prior to the recordation of any deed of trust of any purchase money lender of Buyer 2 7 2 Obtain and deliver the original Title Policy to Buyer and a copy to Seller 2 7 3 Deliver to Seller on the Closing Date in immediately available funds the sum of the Balance, and such other funds, if any, due Seller by reason of prorahons, less Seller's closing costs and proration, if any, as provided in Paragraph 2 4 above and Paragraph 2 8 below, and any credits Buyer is entitled to hereunder 2 7 4 Pay the costs referred to in Paragraph 2 4 above 2 8 Prorations 2.8 1 Taxes Escrow Holder shall prorate on a 365 -day basis the real estate taxes on the Real Property for the current fiscal year as of the Close of Escrow based upon the most current real estate tax information available Any supplemental real estate taxes on the Real Property attributable to the period prior to the Closing Date shall be paid by Seller outside of Escrow 2 8 2 Utilities Escrow Holder shall prorate through Escrow, on a 365 - day basis all water, gas, electric and other utility services, if any, on the Property 2 9 Buyer's Conditions to C1osin Buyer shall not be obligated to proceed to the Close of Escrow and the Closing shall not occur unless and until, in addition to all other conditions contained in this Agreement, the following conditions have been satisfied or waived in writing by Buyer 2 9 1 Evaluation of Property 2 9.1 1 Feasibility Period Buyer shall have a reasonable amount of time, but no more than one hundred eighty (180) days after execution of this Agreement by both parties (the "Feasibility Period "), in Buyer's sole discretion, to (a) determine the feasibility of using the Property as a public recreational facility, (b) approve the results of all tests or studies conducted by or on behalf of Buyer including any tests, inspections or studies pursuant to Paragraph 9 -4- U52 below, and (c) deliver written notice thereof to Seller and Escrow Holder Buyer's failure to notify Seller or Escrow disapproval older poor to the expiration of the Feasibility pproval of any of Buyer's the studies shall constitute Bu Y Period of the Close of Escrow. Buyer a Buyer's reasonably informed as to the st status of Buyer various inspections Period shall keep to will cooperate with Buyer in connection with Buyer's P P Seller complete such tests, studies and inspections with reasonable speed and sha l co studies Seller ms ections Buyer shall commence and 2 9 12 Related Doc this Agreement, Seller shall deliver to Buyer copies of any technical studies 11 reports uments Within ten (10) calendar days following execution of Possession regarding the environmental, seismic, or of anyhmcal cal s ton of the Property, provided, however, that Seller does not represent or warn Pro to Seller ,s or are m Seller's possession ant that any such studies or report' exist 192 Annroval of Trt1P Agreement by Buyer and Seller, the Title � any shall ldeliiver o Buyer a preliminary report issued by the Title Company (the "Title Report") for the Property title documents referred to therein) Buyer shall have a affecting title to the Real Property approved in writing o Seller all miattersall the Title Report and copies of all tittle documents referred to therein, The failure of Buyer to ( )day following Buyer's receipt of approve or disapprove any matter affecting title b shall be deemed Buyer's approval of that g Y written nonce to for current nondelmquent property taxes Should Buyer disapprove Seller within such period matter Buyer shall not be entitled to disapprove hens shall determine, within ten (10) days after Seller receives Buyer's timely notice of disapproval (he "First Notice" PProve any matters of title, Seller ), whether Seller is able, m Seller's reasonable discretion, to cause such disapproved items to be eliminated prior to or at Closing {10) day period, that it is unable, m Seller's reasonable discretion, to cause certain disapproved g If Seller determines, within such ten items to be eliminated prior to or at Closing Seller shall give written notice to deliver the Second Notice, then Seller shall be deemed to have agreed to causes such disapproved older PP matters (the "Second Notice" items to be removed ) If Seller does not covenants to so remove such disapproved ms If Seller delivers the Second which Property pnor to or at the Closing, m which event, Seller certain disapproved matters, and if Buyer is unwilling to waive Buyer's disapproval of those matters, Buyer shall give Seller and Escrow Holder written notice of Buyer's s lice specifying Buyer's sole discretion, on or before the tenth (10th) day foilowin Nonce (the "Third Nonce" y unwillingness, in with Para ), and this Agreement g Buyer's receipt of the Second Paragraph 2 I 1 herein I wa Buyer does of give he the Escrow Third Nonce withmterminate such110-day accordance Buyer shall be deemed to have w g eliminated or will eliminate awed Its Prior disapprovals except as to those matters Seller has Paragraph 2 9 2 shall be deemed sattisfiedthe Closing, and the condition contained m fs Policy as of the Close of Escrows subject only pen he Title mtted Exceptions. o Company has issued the Title are for the benefit of Buyer Waiver The foregoing conditions set forth in this Para Y , and may be Waived g Escrow Holder In satisf m y awed by Buyer m writing graph 2 9 Y g the foregoing conditions, Buyer tmg delivered to Seller and Y and Seller shall each exercise good -5- 0 0 faith, reasonableness and diligence However, decisions authorized to be made in the sole discretion of either Buyer or Seller shall be final and not subject to review or challenge on any basis 2 9 5 Obligation to Close If the foregoing conditions set forth in this Paragraph 2 9 are not timely satisfied or waived by Buyer in accordance with Paragraph 2 9 4 above, this Agreement shall terminate and the provisions of Paragraph 2 11 below shall apply If each of the conditions set forth in Paragraphs 2 9 1 and 2 9 2 above are timely satisfied or waived by Buyer, then Buyer shall be obligated to proceed with the Close of Escrow 210 Compliance with Man Act The parties acknowledge that the conveyance of the Property to Buyer, a public entity, is exempt from the provision of the California Subdivision Map Act (Government Code Section 66410 et ss )pursuant to Government Code Section 66426 5 2 11 Termination Upon any termination of this Agreement and the Escrow (if applicable) for any reason other than either party's default hereunder, (1) each party shall execute such documents as Escrow Holder may reasonably require to evidence such termination, (u) Escrow Holder shall return all documents to the party who deposited them, (in) Escrow Holder shall charge its fees and expenses to both parties equally unless the termination of this Agreement is as a result of a default by one of the parties hereto, in which event the defaulting party shall be solely responsible for such fees and expenses, (iv) Escrow Holder shall return the Deposit to Buyer, less such fees and expenses charged to Buyer, (v) Buyer shall return to Seller all documents delivered to it by Seller relating to the Property, and (vi) all obligations of either party relating to this Agreement and the Property shall terminate 212 Appraisal It shall be a condition precedent to Seller's and Buyer's obligation to proceed with the Close of Escrow (which condition may be waived by mutual written agreement of Buyer and Seller) that an independent appraisal be conducted to ascertain the Purchase Price of the Property, provided, however, if a lawsuit is filed challenging this Agreement, the Development Agreement or other entitlements granted to Seller pertaining to the Property, then the appraisal shall be prepared following final resolution of such lawsuit and the Feasibility Period shall be extended until such final resolution The parties shall mutually select the appraiser If the parties are unable to agree upon an appraiser within thirty (30) days from the Opening of Escrow, each party shall select its own appraiser, and the two appraisers will be instructed to appraise the Property at the appropriate time If the two appraisals are different in value, then the two appraisals will be averaged together and that average will constitute the appraised price The Purchase Price shall be the appraised price, not to exceed $5,000,000 The parties shall mutually agree to certain qualifications for the appraisers Each party shall pay one - half of the costs of the appraisal(s) The Property shall be appraised as park land 3 Seller's Representations and Warranties Seller hereby represents and warrants to Buyer that, unless otherwise provided, at the date of execution hereof and at and as of the Closing Date 3.1 Comorate Existence and Authontv Seller is a limited liability company (i) validly existing and in good standing under the laws of the State of California, and (u) duly -6- C15 authorized, qualified and licensed under any and all laws, ordinances, rules, regulations and requirements of all governmental authorities to do all things required of it under or in connection with this Agreement This Agreement and all agreements, instruments and documents herein provided to be executed or to be caused to be executed by Seller are duly executed by and binding upon and enforceable against Seller 3 2 Documents To Seller's actual knowledge, all the documents and information delivered by Seller to Buyer in connection with the Property and this Agreement and the exhibits attached thereto are true and correct copies of what they purport to represent 3 3 Non - Foreign Person Seller is not a "foreign person" within the meaning of Internal Revenue Code § 1445 3 4 Litigation To Seller's actual knowledge, Seller has not been served in connection with any litigation or other proceeding respecting the Property or its use 3 5 Eminent Domain To Seller's actual knowledge, there is no existing or proposed eminent domain proceeding against the Property, or any part thereof Except where expressly indicated to the contrary, the phrase "to Seller's actual knowledge" as used herein shall mean the actual knowledge of Thomas S Ricci or an officer or director of Seller 4 Buyer's Representations and Warranties Buyer hereby represents and warrants to Seller that at the date of execution hereof and at and as of the Closing Date, Buyer is a municipal corporation (i) validly existing and in good standing under the laws of the State of California, and (u) duly authorized, qualified and licensed under any and all laws, ordinances, rules, regulations and requirements of all governmental authorities to do all things required of it under or in connection with this Agreement This Agreement and all agreements, instruments and documents herein provided to be executed or to be caused to be executed by Buyer are duly executed and binding on and enforceable against Buyer 5 Buyer's Examination of the Propert y Except as provided elsewhere in this Agreement, Seller makes no representation or warranty respecting the Property, or any portion thereof, or otherwise in connection with the transaction contemplated hereby Without limiting the generality of the foregoing, Buyer hereby acknowledges that Buyer will be purchasing the Property "AS IS" without representation or warranty of any kind, except as provided in Paragraph 3 above and Paragraph 7 below, and more specifically that (a) Prior to the Close of Escrow, Buyer will have made its own independent investigation of the Property and all other aspects of this transaction, and has relied entirely thereon and on the advice of its independent consultants (if any) in entering into this Agreement (b) Prior to the Close of Escrow, Buyer will have reviewed all instruments, records and documents which Buyer deemed appropriate or advisable to review in connection with the Property and this transaction, and Buyer will have determined that the information and data contained therein or evidenced thereby was satisfactory to Buyer -7- 05 (c) Subject to the conditions, covenants, representations and warranties of the parties set forth herein, notwithstanding any adverse effect on the marketability, desirability or value of the Property or any portion thereof which occurs between the execution of this Agreement and the Closing Date, including, without limitation, any adverse effect ansmg from or related to any changes or proposed changes to any governmental laws, ordinances, statutes, rules or regulations, the transactions contemplated by this Agreement shall be consummated on the terms and conditions contained herein 6 Covenants by Seller Commencing with the execution of this Agreement and until the Close of Escrow 6 1 Seller agrees not to place any hens, encumbrances, or easements on the Property, other than the Permitted Exceptions, nor will Seller enter into any agreement regarding the sale, rental, management, repair, improvement, or any other matter affecting the Property that would be binding on Buyer or the Property after the Close of Escrow, without the prior written consent of Buyer 6 2 Seller agrees to maintain the Property in its condition on the date of this Agreement, ordinary wear and tear excepted, and agrees not to permit any act of waste or act that would tend to diminish the value of the Property in any way 7 Additional Representations & Warranties of Seller Seller represents and warrants to Buyer as of the date of this Agreement and as of the Close of Escrow 7 1 To the best of Seller's knowledge, and except as disclosed by Seller to Buyer in writing prior to the end of the Feasibility Period 7 1 1 Seller has received no notice, warning, notice of violation, administrative complaint, judicial complaint, or other formal or informal notice alleging that conditions on the Property are or have been in violation of any law, regulation or official policy of any local governmental agency, the State of California or the United Stated Government regulating or controlling Hazardous Substances as hereinafter defined (collectively, "Environmental Law "), or informing Seller that the Property is subject to investigation or inquiry regarding Hazardous Substances on the Property or the potential violation of any Environmental Law 7 1.2 There is no monitoring program required by the Enviromnental Protection Agency ( "EPA ") or any similar state agency concerning the Property 7 13 Seller has disclosed to Buyer all information, records, and studies maintained by Seller in connection with the Property concerning Hazardous Substances 7 14 For the purposes of this Paragraph 7 1, the phrase "to the best of Seller's knowledge" shall mean the actual knowledge of Thomas S Ricci or an officer or director of Seller MI it�� 7 2 Other than those disclosed by Seller to Buyer in writing prior to the execution hereof, there are no contracts or other agreements relating to the Property which will be in force on the Closing Date, and there is not monetary default or material non - monetary default thereunder by Seller that remains uncured 8 Mutual Indemnities 8 1 Seller agrees to indemnify, defend and hold Buyer harmless from and against all claims, losses, liabilities, damages, actions, judgments, costs and expenses (including reasonable attorneys' fees) ansmg out of the acts or omissions of Seller, its agents, employees, representative, contractors, guests and invitees in or about the Property prior to the Closing or the conduct of business by Seller at the Property prior to the Closing 8 2 Buyer agrees to indemnify, defend and hold Seller harmless from and against all claims, losses, liabilities, damages, actions, judgments, costs and expenses (including reasonable attorneys' fees) ansmg out of the acts or omissions of Buyer, its agents, employees, representative, contractors, guests and invitees in or about the Property after the Closing or the conduct of business by Buyer at the Property after the Closing 9 Hazardous Material 9 1 Definition of Hazardous Material As used herein, the term " Hazardow Material" means any hazardous or toxic substance, material, or waste which is or becomes regulated by any local governmental authority, the State of California or the United States Government 9 2 Right to Inspect Prior to the expiration of the Feasibility Period, Buyer shall have the right, at its sole cost and expense, to conduct such physical inspections of the Property as necessary in order to determine the presence or absence of Hazardous Material on or under the Property Such inspections by Buyer shall be conducted at reasonable times and under reasonable circumstances and shall be subject to the prior approval of Seller which shall not be unreasonably withheld Buyer shall promptly deliver the results of such inspections to the Seller 9.3 Cleanup of Hazardous Material If Buyer determines that a legally unacceptable level, according to applicable governmental standards, of Hazardous Material exists on or under the Property, then Buyer may, in Buyer's sole discretion, terminate this Agreement In such case, Buyer shall bear its own inspection costs, and the provisions of Paragraph 2 11 shall apply If Buyer elects not to so terminate this Agreement, then Seller shall commence to remove such Hazardous Material from the Property, in which event the Close of Escrow shall be delayed until following Seller's completion of such removal. If Seller commences to remove such Hazardous Material, Seller shall thereafter diligently proceed with such removal at Seller's sole cost and expense, and in accordance with all applicable laws, rules, and regulations 9 4 Buyer's Inspection. If Seller removes such Hazardous Material pursuant to Paragraph 9 3 above, upon completion of such removal, Seller shall deliver to Buyer and to Escrow Holder notice stating that such removal has been completed Within thirty (30) days -9- 057 following Buyer's receipt of such notice, Buyer shall inspect the Property in order to determine the presence or absence of Hazardous Material on or under the Property, provided, however, that Seller shall have the right to reasonably approve Buyer's agent who is to conduct such inspection If such inspection reveals that the level of Hazardous Material remaining on or under the Property is at or less than the allowable level under applicable governmental rules or regulations, then Buyer shall be obligated to proceed to the Close of Escrow, and the Close of Escrow shall occur within two (2) weeks following Buyer's inspection 9 5 Indemnification 9 5 1 If following Buyer's inspection of the Property (and any removal by Seller of Hazardous Material from the Property), the parties proceed to the Close of Escrow, Buyer shall indemnify, defend and hold Seller harmless from any and all claims, demands (including demands by any governmental agency), liabilities, costs, expenses, penalties, damages, losses and hens, including reasonable attorneys' fees, arising out of or with respect to (1) any subsequent release of Hazardous Material on or under the Property caused by or through Buyer. The indemnity provided herein shall survive the Close of Escrow and shall not be merged into the Grant Deed 9 5 2 If following Buyer's inspection of the Property (and any removal by Seller of Hazardous Materials from the Property), the parties proceed in the Close of Escrow, Seller shall indemnify, defend and hold Buyer harmless from any and all claims, demands (including demands by any governmental agency), liabilities, costs, expenses, penalties, damages, losses and liens, including reasonable attorneys' fees, ansrng out of or with respect to (1) any Hazardous Materials placed on or under the Property by Seller or its agents, (2) any Hazardous Matenals of which Seller has actual knowledge, but did not disclose to Buyer, on or before the Close of Escrow, and (3) any migration of Hazardous Materials onto or under the Property from the adjacent property owned by Seller The indemnity provided herein shall survive the Close of Escrow and shall not be merged into the Grant Deed 9 6 Release If following Buyer's inspection of the Property (and any removal by Seller of Hazardous Material from the Property if so elected by Seller), the parties proceed to the Close of Escrow, then 9 6 1 Buyer and its elected and appointed officials, employees, contractors, agents, and each of them, and their respective successors and assigns, agree to forever release, discharge and acquit Seller and its parent, subsidiary and/or affiliate corporations, partnerships (general and limited), partners, directors, officers, shareholders, and employees, and each of them, and their successors and assigns, of and from any and all claims, demands, obligations, liabilities, indebtedness, breaches of duty of any relationship, acts, omissions, misfeasance, malfeasance, cause or causes of action, costs, sums of money, accounts, compensations, contracts, controversies, promises, damages, costs, losses and expenses, of every type, kind, nature, description or character (including without limitation reasonable attorneys' fees) (collectively "Claims "), and irrespective of how, why or by reason of what facts, whether heretofore or now existing, or which could, might or may be claimed to exist in the future, whether known or unknown, suspected or unsuspected, liquidated or unliquidated, each as if fully set forth herein at length, which in any way anse out of, or are connected with or relate to -10- -J8 (1) any subsequent release of Hazardous Material on or under the Property caused by or through Buyer, and (2) any required clean-up of any and all Hazardous Material existing on or under the Property as of the Close of Escrow that Buyer did not discover during its inspection and testing of the Property as provided in Paragraphs 9 2 and 9 4 above, except for any Hazardous Materials placed on or under the Property by Seller or its agents, or any Hazardous Materials of which Seller has actual knowledge, but did not disclose to Buyer, on or before the Close of Escrow Notwithstanding anything to the contrary contained herein, the release provided in this Paragraph 9 6 shall not extend to any past owners of the Property, even if such past owners succeed to Seller's interest in or to a portion of the Property 9 6 2 Buyer and Seller each respectively hereby agrees, represents and warrants that it has had advice of counsel of its own choosing in negotiations for and the preparation of this Agreement (including, without limitation, Paragraphs 9 1 through 9 6 1 herein), that it has read Paragraphs 9 1 through 9 6, that it has had such Paragraphs fully explained by such counsel, and that it is fully aware of their contents and legal effect 10 Buyer's Covenants Buyer shall execute a covenant to Seller's reasonable satisfaction running with the Property (the "Covenant ") that restricts Buyer's use of the Property solely for the purposes of constructing, operating, and maintaining a park and /or athletic fields for use by the public or similar public facilities compatible with the improvements on Seller's adjacent property, such as a police station or community center The Covenant shall further provide that Buyer shall consult with Seller in developing plans and specifications for any proposed buildings or structures on the Property in order to assure compatibility with existing and proposed development on Seller's adjacent property, including, but not limited to, providing appropriate landscaping and using materials and finishes which complement the improvements on Seller's adjacent property, provided, however, that Seller shall not have any right of approval over such buildings or structures The provisions of the Covenant shall survive the Close of Escrow for a period of 30 years and shall not be merged into the Grant Deed 11 Casualties Buyer and Seller each acknowledge that there are no improvements currently located on the Property and that Buyer is purchasing the Property for its land value 12. Removal of Personal Property Prior to the Close of Escrow Seller shall remove any items of personal property from the Property. Such removal shall not affect the amount of the Purchase Price or any other terms or conditions of this Agreement 13 Right of En try Buyer and its representatives, employees, contractors, agents and designees shall have the right to enter upon the Property, at Buyer's sole cost and expense, in order to inspect and investigate the Property and to conduct any and all surveys, tests and studies Buyer deems necessary or convenient, provided that Buyer shall restore any damage done to the Property as the result of any such tests, surveys or studies Prior to any entry upon the Property Buyer shall designate in writing to Seller one or more representatives of Buyer who shall accompany any of such persons each time they enter upon the Property Such entry or review shall be made only after reasonable advance written notice to Seller by Buyer and at times reasonably acceptable to Seller Buyer shall indemnify and defend Seller against and hold Seller and the Property free and harmless from any and all claims, demands, liabilities, costs, expenses, penalties, damages, losses and liens, including reasonable attorneys' fees (collectively, -11- U09 "Claims "), ansmg out of any such entry by Buyer or its representatives, employees, agents, contractors or designees The indemnity provided for herein shall survive the termination of this Agreement or the Close of Escrow hereunder and shall not be merged into the Grant Deed The inspections of the Property shall be subject to the terns of this Paragraph 13 and shall be considered entries upon the Property for the purposes of this Paragraph 13 14 Perimeter Landscaping Seller shall have the right, but not the obligation, to install perimeter landscaping on the Property, at its sole cost and expense, consistent with the perimeter landscaping on the adjacent real property owned by Seller (the "Adjacent Property") Seller shall install such landscaping concurrent with Seller's installation of landscaping on the Adjacent Property. Nothing herein shall prohibit Buyer from installing such landscaping on the Property itself, in which case Seller shall have no further right or obligation hereunder Seller's rights and obligations under this Paragraph 14 shall survive the Close of Escrow and shall not be merged into the Grant Deed 15 Reservation of Temporary Easements. Seller hereby reserves temporary construction easements to enter onto the Property from time to time, as reasonably necessary, to (a) grade and construct the private streets, sidewalk, curbs, gutter, storm drains, utilities and other similar improvements adjacent to the Property, and (b) install the landscaping described in Section 14 above Prior to any such entry, Seller shall provide Buyer with evidence of commercial general liability insurance reasonably acceptable to Buyer and shall indemnify, defend and hold Buyer harmless from and against any claim ansmg from Seller's entry onto the property, except to the extent ansmg from Seller's negligence or willful misconduct [ 16 Condemnation This Agreement is subject to the provisions of California Civil Code, Section 1662 (the "Statute ") For the purposes of the Statute in determmmg whether a taking by eminent domain is of a "material part" of the Property, it shall be material if the taking exceeds ten percent (10 %) of the gross land area of the Real Property It is hereby understood that in the event of a taking of a "material part" of the Property, then Buyer shall not be obligated to proceed to the Close of Escrow hereunder. In the event of such a condemnation of less than a "material part," Buyer and Seller shall, nonetheless, proceed to Closing without abatement of the Purchase Price but Seller shall assign to Buyer all of Seller's right to recover from the condemning authority Seller agrees that it will both before and after the Closing Date execute such documents or instruments and further assurances as Buyer may reasonably request in order to facilitate such recovery by Buyer, and Seller will cooperate in any manner reasonably requested by Buyer 17 Delivery of Possession Except as expressly provided herein, Seller shall deliver possession of the Property to Buyer at the Close of Escrow 18 No Commissions Seller represents and warrants to Buyer that Seller has made no statement or representation nor entered into any agreement with a broker, salesman or finder in connection with the transactions contemplated by this Agreement Buyer represents and warrants to Seller that Buyer has made no statement or representation nor entered into any agreement with a broker, salesman or finder in connection with the transactions contemplated by this Agreement In the event of a claim for brokers' or finders' fees or commissions in connection with the negotiation or execution of this Agreement or the transactions contemplated -12- !U hereunder, Seller shall indemnify, hold harmless and defend Buyer from and against such claim if it shall be based upon any statement or representation or agreement alleged to have been made by Seller, and Buyer shall indemnify, hold harmless and defend Seller if such claim shall be based upon any statement, representation or agreement alleged to have been made by Buyer 19 Attomevs' Fees If any action or proceeding shall be brought by either party in order to enforce the provisions of this Agreement, or to collect damages as a result of the breach of any of the provisions of this Agreement, the prevailing party shall be entitled to recover all reasonable costs incurred in connection therewith, including attorneys' fees 20 Notices Whenever Escrow Holder or any party hereto shall desire to give or serve upon the other any notice, demand, request or other communication, each such notice, demand, request or other communication shall be in writing, shall be given by personal delivery (including by commercial couner or delivery service) or by registered or certified United States mail, return receipt requested, postage prepaid, addressed as follows. -13 Q6t TO SELLER- with a copy to- TO BUYER with a copy to TPG -El Segundo Partners, LLC 515 South Flower Street Sixth Floor Los Angeles, CA 90071 Attention Thomas S Ricci, Executive Vice President Armbruster & Goldsmith LLP 10940 Wilshire Boulevard Suite 2100 Los Angeles, CA 90024 Attention Dale J Goldsmith, Esq City of El Segundo 350 Main Street El Segundo, CA 90245 Attention City Clerk Jenkins & Hogm, LLP Manhattan Towers 1230 Rosecrans Avenue, Suite 110 Manhattan Beach, CA 90266 Attention Mark D Hensley, Esq Chicago Title Company National Projects Group 24300 Town Center Drive, Suite 370 Valencia, CA 91355 Attention Maggie G Watson, Senior Vice President Any such notice, demand, request or other communication shall be deemed effective on the day of actual delivery as shown by the addressee's return receipt If the date on which any notice to be given hereunder (or if the date of Closing) falls on a weekend or legal holiday then such date shall automatically be extended to the next business day immediately following such weekend or holiday The foregoing addresses may be changed by notice given in accordance with this Paragraph 20 -14- 21 Amendment, Complete Agreement All amendments and supplements to this Agreement must be in writing and executed by Buyer and Seller. All understandings and agreements between the parties (including any printed offer of sale provided by Seller to Buyer) regarding the Property are merged in this Agreement, which alone fully and completely expresses the agreement of the parties regarding the Property This Agreement has been entered into after full investigation of the facts by both parties and neither party has relied on any statement or representation not embodied in this document This Agreement has been drafted through a joint effort of the parties and their counsel and therefore shall not be construed against either of the parties as the draftsperson 22 Governing Law This Agreement shall be governed under the laws of the State of California 23 Counterparts, Headings and Defined Terms This Agreement may be executed in several counterparts each of which shall be an original, but all of such counterparts shall constitute one such Agreement The headings used herein are for convenience only and are not to be construed to be part of this Agreement For the purposes of this Agreement, (a) the term "including" means "including without limitation," and (b) when a time period is specified in this Agreement for the performance of an act or the occurrence of an event, "days" shall mean "calendar days," unless otherwise specified herein 24 Time of the Essence Time is of the essence of this Agreement 25 Waiver The waiver by one party of performance of any covenant, condition or promise shall not invalidate this Agreement, nor shall it be considered to be a waiver by it of any other covenant, condition or promise The waiver by either or both parties of the time for performing any act shall not constitute a waiver of the time for performing any other act or an identical act required to be performed at a later time The exercise of any remedy provided in this Agreement shall not be a waiver of any other remedy provided by law 26 Third Parties Nothing contained in this Agreement, expressed or implied, is intended to confer upon any person, other than the parties hereto and their successors and assigns, any rights or remedies under or by reason of this Agreement. 27 Severability If any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein, unless such invalidity, illegality or unenforceability materially affects the transactions contemplated by this Agreement or the ability of either party to perform its obligations under this Agreement In such case, either party may terminate this Agreement and the Escrow on written notice to the other party given no later than ten (10) business days after the party giving such notice becomes aware of such invalidity, illegality or unenforceability, and the provisions of Paragraph 2 11 above shall apply -15- GG3 28 Additional Documents Each party hereto agrees to perform any further acts and to execute and deliver any further documents which may be reasonably necessary to carry out the provisions of this Agreement 29 Assignment, Binding Effect ffect This Agreement shall not be assignable by Buyer to any other party without the prior written consent of Seller Subject to the foregoing, this Agreement shall be binding upon the successors and assigns of Seller and Buyer. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written BUYER- CITY OF EL SEGUNDO, a municipal corporation By Title ATTEST Cindy Mortensen City Clerk APPROVED AS TO FORM Mark D Hensley, City Attorney SELLER TPG -EL SEGUNDO PARTNERS, LLC, a California limited liability company By Title 0 Title. -16- 064 Receipt of the foregoing instructions by Escrow Holder is acknowledged, said escrow holding is accepted and Escrow Holder agrees to hold and dispose of the funds and documents deposited in the escrow in accordance with these instructions Dated -17- Chicago Title Company Title. 065 AGREEMENT OF PURCHASE AND SALE AND ESCROW INSTRUCTIONS LIST OF EXHIBITS Exhibit 1 I Legal Description of Real Property Exhibit 2 1 Escrow Holder's Standard Provisions Exhibit 3 1 Covenant and Agreement M ( 6 6 h AGREEMENT OF PURCHASE AND SALE AND ESCROW INSTRUCTIONS EXHIBIT "1 1" LEGAL DESCRIPTION OF REAL PROPERTY [To be added] -19- 067 AGREEMENT OF PURCHASE AND SALE AND ESCROW INSTRUCTIONS EXHIBIT "2 P' ESCROW HOLDER'S STANDARD PROVISIONS [To be added] -20- C' 6 8 Recording requested by and when recorded mail to TPG -El Segundo Partners, LLC Ann Thomas S Ricci 355 South Grand Avenue Suite 2820 Los Angeles, CA 90071 COVENANT RECITALS. A TPG -El Segundo Partners, LLC, a California corporation ( "Seller "), is the owner of certain real property containing approximately five acres and located at the northwest corner of Manposa Avenue and Douglas Street, in El Segundo, California and more particularly described in Exhibit "A" attached hereto (the "Property ") B Seller has agreed to sell to the City of El Segundo, a municipal corporation ( "Buyer "), the Property on the terms and conditions of the Agreement of Purchase and Sale and Escrow Instructions dated , 2005 ( "Purchase Agreement ") C Section 10 of the Purchase Agreement requires that Buyer execute a covenant which specifically restncts the use of the Property THEREFORE, in consideration of the foregoing, Buyer promises, covenants and agrees to the following I Buyer shall restrict its use of the Property solely for the purposes of constructing, operating, and maintaining a public park/and or soccer fields or similar public facilities which are compatible with the improvements on Seller's adjacent property, such as a police station or community center 2 Buyer shall consult with Seller in developing plans and specifications for any proposed buildings or structures on the Property in order to assure compatibility with existing and proposed development on Seller's adjacent property, including, but not limited to, providing appropriate landscaping and using materials and finishes which complement the improvements on Seller's adjacent property, provided, however, that Seller shall not have any right of approval over such buildings or structures The provisions of this Covenant shall survive for a period of thirty (30) years I- t-,9 4 This covenant and agreement shall run with the land and shall be binding upon Buyer and all future owners, encumbrancers, lessees and occupants and their respective successors, heirs or assigns Executed this day of 2005 ATTEST Cindy Mortensen City Clerk APPROVED AS TO FORM Mark D Hensley, City Attorney BUYER CITY OF EL SEGUNDO, INC, A California municipal corporation LIM -2- 070 EXHIBIT "A" LEGAL DESCRIPTION OF REAL PROPERTY [To be added] B0785 \0009 \665173 3 03/10/04 !)'� 1 TEMPKIN INC. Real Estate Valuation and Consultation 2060 East Avenida De Los Arboles, Suite D • Thousand Oaks, CA 91362 • Telephone (805) 492 -8588 • Fax (805) 492 -5255 November 29, 2005 Seimone Jurps, P E Director Planning & Building Safety City of El Segundo 350 Main Street El Segundo, California 90245 RE. Appraisal of 5 -acre site (portion of 46.5 -acre property bounded by Mariposa Avenue, Nash Street and Douglas Street, El Segundo) Dear Mr Jurps 1. Identification of the Real Estate to be appraised Appraisal of 5 -acre site (portion of 46.5 -acre property bounded by Mariposa Avenue, Nash Street and Douglas Street, El Segundo). The specific location of the site inclusive of all civil engineering maps, dimensions and legal descriptions will be provided by the client 2. Date of Value — Current date of value 3. Interest to be Appraised - Fee Simple Estate Value "As Is" is defined as, The value of specific ownership rights to an identified parcel of real estate as of the effective date of the appraisal, related to what physically exists and is legally permissible and excludes all assumptions concerning hypothetical market conditions or possible rezoning 4. Purpose of the Appraisal The purpose of the appraisal is to determine the market value of the referenced property to assist the City of El Segundo in establishing market value for acquisition of the referenced property 5. Special Assumptions or Limiting Conditions It is noted that in a Development Agreement between the City of El Segundo and TPG -EI Segundo Partners, LLC, a California limited liability company, the City of El Segundo has agreed to purchase the property for use as a public recreational facility The Development Agreement states that the property shall be appraised as park land There are no other special assumptions or limiting conditions at this time The client may provide assumptions or limiting conditions during the appraisal process and they will be identified in the appraisal report 07 2 CONTRACT FOR APPRAISAL SERVICES November 29, 2005 Seimone Jurjis — City of El Segundo Page 2 6. Competency and Standards of the Report The Appraiser is a member of the Appraisal Institute and is regulated by the Code of Professional Ethics and Standards of Professional Conduct by this organization The Appraiser will certify that he has the competency to complete the assignment and is knowledgeable about the marketplace The Appraiser is currently certified under the continuing education program of the Appraisal Institute 7. Assignment Fee Structure and Billing Policy The fee for the assignment is $16,500 The Appraiser will provide the client with an appraisal of the referenced property presented in an appropriate appraisal format The fee is due within 60 days of the delivery of the report The fee structure does not include any potential deposition and/or court testimony 8. Client's Responsibility The client will provide to the appraiser any information they deem necessary to enable the appraiser to complete this assignment This includes, but may not be limited to• • Environmental condition (Phase I or II reports) • Geologic condition (Geologic reports, soil stability) • Zoning and Land Use issues pertaining to this site including and DDA's (Disposition & Development Agreements) • Details on anticipated development and land use for the entire 46 5 -acre property • Any EIR's, Economic Studies or past appraisals of the property 9. Warranties and Responsibilities of the Appraiser The appraiser warrants that he has no present or prospective interest in the property that are the subject of the consulting and appraisal, and that he has no personal interest or bias with respect to the parties involved The "Estimate of Market Value" during the appraisal is not based on whole or in part upon the race, color, or national origin of the prospective owners or occupants of the property appraised, or upon the race, color, or national origin of the present owners or occupants of the properties in the vicinity of the property appraised The compensation is not contingent upon the reporting of a predetermined value or direction in value that favors the cause of the client, a buyer, the amount of the value estimate, the attainment of a stipulated result, or the occurrence of a subsequent event TEMPKIN INC • Real Estate Valuation and Consultation 073 CONTRACT FOR APPRAISAL SERVICES November 29, 2005 Seimone Jurjis — City of El Segundo Page 3 10. Contents and Confidentiality of Services The data gathered in the appraisal process, except data furnished by the client and any letters or reports prepared for the client, will remain the property of the appraiser The data provided by the client will remain confidential unless specific authorization has been allowed in writing. However, the appraiser is authorized to release information when required to do so by law or by the duly authorized representatives of the Appraisal Institute to meet the By -laws and Regulations of the Code of Professional Ethics and Standards of Professional Conduct of this organization Neither all nor any part of the contents of any letter or report, the value conclusions, the identity of the Appraiser, references to the Appraisal Institute or the MAI designation, shall be disseminated to the public through advertising media, public relations media, news media, sales media, facsimile, through a computer transmitted source or other public means of communications without the prior written consent and approval of the Appraiser 11. Extent of Agreement This agreement represents the entire Agreement between the Client and Appraiser at this time It is noted that the City of El Segundo will subsequently prepare an agreement for my services in their format 12. Successors and Assigns This Agreement shall be binding upon the heirs, successors and assigns of the Client and the Appraiser 13. Governing Law The laws of the State of California shall govern this Agreement 14. Severability In the event any provision of this Agreement shall be determined to be void or unenforceable by any court of competent jurisdiction, then such determination shall not affect any other provision of this Agreement and all such other provisions shall remain in full force and effect. 15. Contractor Cancellation The Appraiser represents he is an independent contractor and not an employee of the Client In the event the Client desires to cancel this Agreement, written notice thereof shall be delivered to the Appraiser It is agreed that the Appraiser shall receive compensation from the Client for all services rendered up to the date of cancellation at the rate of $175 per hour or the rate in effect at the time of cancellation No partial work product will be delivered upon early cancellation In Witness Whereof, each of the parties hereto has dated and executed this Agreement and caused it to be delivered to the other party hereto TEMPKIN INC • Real Estate Valuation and Consultation fl'74 CONTRACT FOR APPRAISAL SERVICES November 29, 2005 Seimone Jurjis — City of El Segundo Page 4 Date Date November 29.2005 Seimone JurJis, P E., Director Planning & Building Safety City of El Segundo (Client) Jerry M Tempkm, MAI (Appraiser) TEMPKIN, INC TEMPKIN INC • Real Estate Valuation and Consultation 075 EL SEGUNDO CITY COUNCIL MEETING DATE. December 6, 2005 AGENDA ITEM STATEMENT AGENDA HEADING: New Business AGENDA DESCRIPTION- Consideration and possible action to receive and file the Mayor's appointment of an additional member of the City Council to the City's Disaster Council and grant consent to the Director of Emergency Services' (City Manager) appointments to the Disaster Council (Fiscal Impact None) RECOMMENDED COUNCIL ACTION: 1) Receive and file the Mayor's appointment of Mayor Pro Tern John Gaines to the City's Disaster Council, 2) Grant consent of the Director of Emergency Services' appointment of the Superintendent of the El Segundo Unified School District, the Assistant City Manager, Police Chief, Fire Chief, and Public Works Director to the City Disaster Council, 3) Alternatively, discuss and take other action related to this item BACKGROUND & DISCUSSION: On November 1, 2005, the City Council adopted Ordinance 1388 which amended the composition of the Disaster Council As amended the ordinance enables the Mayor to appoint one councilperson to the Disaster for a rotating period of one year The ordinance also allows for the addition of representatives from the School District by the Director of Emergency Services (City Manager) with the "advice and consent" of the City Council, The Mayor is recommending the appointment of Mayor Pro Tern John Gaines for a one year term as a Council representative, and the Director of Emergency Services (City Manager) is proposing the appointment the Superintendent of the El Segundo Unified School District, the Assistant (Please see attached page marked "Background and Discussion ") ATTACHED SUPPORTING DOCUMENTS: None FISCAL IMPACT- None Operating Budget: None Amount Requested: None Account Number: NIA Project Phase: N/A Appropriation Required: _Yes X No ORIGINATED BY: DATE. November29, 2005 Norm �Angelp Fire ief REVIEW DATE: Je w rtLCityManagier 9 Background and Discussion (con't): City Manager, Police Chief, Fire Chief, and Public Works Director to the City Disaster Council It is recommended that the City Council receive and file the Mayor's appointment and grant consent to the Director of Emergency Services' (City Manager) appointments to the Disaster Council Representatives from the Fire Department, Police Department and City Manager's office have developed an agenda for the first meeting of the restructured Disaster Council and it is anticipated that the Chair (Mayor) will call for a meeting by the end of December The Disaster Council will report back to the City Council on regular basis EL SEGUNDO CITY COUNCIL MEETING DATE December 6, 2005 AGENDA ITEM STATEMENT AGENDA HEADING. REPORTS — City Clerk AGENDA DESCRIPTION. Consideration and possible action requesting Council consensus to cancel the January 3, 2006 City Council Meeting RECOMMENDED COUNCIL ACTION. (1) Approve cancellation of the January 3, 2006 Meeting, (2) Alternatively discuss and take other action related to this item. BACKGROUND & DISCUSSION The date of the first regularly scheduled City Council meeting in 2006 is Tuesday, January 3 Because City Hall is scheduled to be closed for certain traditional holidays and because of the additional meeting workload and scheduled travel plans, it would be difficult to meet legal noticing requirements and to properly prepare for the meeting. It is my recommendation that Council approve the cancellation of the January 3, 2006 regularly scheduled meeting ATTACHED SUPPORTING DOCUMENTS None FISCAL IMPACT NONE Operating Budget. Amount Requested- Account Number: Project Phase: Appropriation Required ORIGINATED BY DATE I(— r 1 5 YM/V/n i Cindy Vftese�n, City Clerk 10 EL SEGUNDO CITY COUNCIL MEETING DATE: December 6, 2005 AGENDA ITEM STATEMENT AGENDA HEADING: Councilmember Busch AGENDA DESCRIPTION: Consideration and possible action to establish an ad hoc committee for the purpose of reviewing and commenting on the plans to develop athletic fields on the five acres located at the northeast Intersection of Nash Street and Manposa Avenue that the City is negotiating to acquire from the Thomas Properties Group (Fiscal Impact None) RECOMMENDED COUNCIL ACTION: 1) Establish an ad hoc committee to make recommendations with regard to the City's plans to develop athletic fields near the Intersection of Nash Street and Mariposa Avenue, 2) Appoint the members of the committee, 3) Alternatively, discuss and take other action related to this is Item BACKGROUND & DISCUSSION: The development agreement between the City and TPG El Segundo Partners, approved in January 2001, states that the City will purchase approximately five -acres of the land near the intersection of Nash Street and Manposa Avenue for use as a parkland facility The general consensus regarding this property is that the area would be developed as a new soccer field site Toward that end, staff has prepared and circulated an RFP for a landscape architect to provide consulting services to assist in the appropriate development of the facility The City expects to complete the purchase of the site in early 2006 Responses to the RFP are due in mid- December and staff will be ready to move forward with developing the proposed soccer fields at the same time To assist further in the best possible development of the site, I am requesting that the City Council appoint an ad hoc committee comprised of the following members myself, another (Please see attached page marked "Background and Discussion ") ATTACHED SUPPORTING DOCUMENTS: None FISCAL IMPACT: N/A Operating Budget, Amount Requested: Account Number. Appropriation Required- _Yes _ No ■J Background and Discussion (con't): member of the City Council, two members of the Recreation and Parks Commission, a representative from AYSO, Club Soccer and TPG, the City Manager and the Recreation and Parks Director It is anticipated that subcommittee would meet with staff and the landscape architect for the purpose of providing local input that will help determine the scale and type of development most appropriate for the EI Segundo community The subcommittee would be kept apprised of current budget trends and amount of funding that may be made available for the project The funding issue will become clear when the City, TPG and the appraiser hired by both arrive at the final purchase price of the property It should be noted that the Council has earmarked $5 5 million in the FY 2005/2006 budget for the purchase and development of the facility,