2006 JUL 18 CC PACKET - 2EL SEGUNDO CITY COUNCIL MEETING DATE: July 18, 2006
AGENDA ITEM STATEMENT AGENDA HEADING- Consent Aqenda
Consideration and possible action regarding approval of a professional services agreement
with Gary Chicots to serve as Interim Director of Planning and Building Safety (Fiscal Impact
approximately $50,000)
RECOMMENDED COUNCIL ACTION.
1) Authorize the City Manager to execute a professional services agreement with Gary Chicots
to serve as Interim Director of Planning and Building Safety, 2) Alternatively, discuss and take
other action related to this item
BACKGROUND & DISCUSSION.
Seimone Jurjis resigned as Director of Planning and Building Safety effective July 3, 2006 to
pursue private sector career options The Planning and Budding Safety Department is
currently working on several high - profile projects including a revision of the City's R -1
development standards, the development of Phase 1 (and the beginning of Phase 2) of the
Plaza El Segundo project, the potential rezoning of the El Segundo Power site, the impending
development of the TPG /Campus El Segundo site and an Impending review of budding height
limits in the Downtown Specific Plan area Accordingly, I am recommending approval of a
professional services agreement with Gary Chicots to serve as an interim department head for
that critical department Mr Chicots is a seasoned professional with more than 25 years
experience in public sector planning and community development The compensation
specified in the agreement is $60 per hour
ATTACHED SUPPORTING DOCUMENTS
1) Professional Services Agreement between the City and Gary Chicots, 2) Mr Chicots
professional resume.
FISCAL IMPACT: $50,000 estimated
Capital Improvement Program,
Amount Requested:
Account Number:
Project Phase.
Appropriation Required: _Yes X No
7
23
INTERIM DIRECTOR OF PLANNING AND BUILDING SAFETY
AGREEMENT
BETWEEN THE CITY OF EL SEGUNDO
AND GARY CHICOTS
THIS AGREEMENT is entered into this 18`h day of July, 2006 by and between the
CITY OF EL SEGUNDO, a general law city and municipal corporation (`CITY ") and
GARY CHICOTS, an individual ( "CONTRACTOR ")
1 APPOINTMENT OF INTERIM DIRECTOR OF PLANNING AND BUILDING
SAFETY. CONTRACTOR is appointed as CITY's Interim Director of Planning and
Building Safety CONTRACTOR will serve at the pleasure of CITY's city manager and
may be replaced at any time, with or without cause, without amending this Agreement
2 SCOPE OF SERVICES. CONTRACTOR will perform the services needed to serve
CITY which will include, without limitation, the following
A CONTRACTOR will attend all regular and special meetings of the City
Council unless excused by the city manager,
B Perform the functions and duties specified by statute and relevant CITY
ordinances and resolutions for a Planning and Building Safety Director,
and to perform such other legally permissible and proper duties and
functions as CITY may from time to time assign,
C To perform the following specific tasks
Supervise revision of the City's R -I development standards,
u Supervise development of Phase 1 and the beginning of Phase 2 of
the Plaza El Segundo project,
ni Supervise the potential rezoning of the El Segundo Power site,
ry Supervise the impending development of the TPG /Campus El
Segundo site,
V Supervise the impending review of building height limits in the
Downtown Specific Plan area
D The parties anticipate that CONTRACTOR will work approximately forty
(40) hours per week
3 TERM. The term of this Agreement will be for six (6) months from the effective
date unless otherwise extended by written amendment by the parties, terminated in
accordance with this Agreement, or automatically terminated upon CITY employing a
124
Planning and Building Safety Director, the Agreement will automatically renew for a one
(1) month term Thereafter, the Agreement will automatically renew for successive one
(1) month terms unless terminated by either Party or if automatically terminated by CITY
employing a Planning and Building Safety Director
4 COMPENSATION. CONTRACTOR will be compensated for providing the
services contemplated by this Agreement as follows
A Basic Compensation CITY will pay CONTRACTOR an hourly rate of
$60 The total amount paid to CONTRACTOR cannot exceed $57,600,
unless the Agreement is renewed as set forth above or by amendment
B Cost and Expense Reimbursement In addition to the foregoing
compensation, CITY will reimburse CONTRACTOR for actual and
necessary ordinary out -of- pocket expenses reasonably incurred by
CONTRACTOR in performance of the service provided by
CONTRACTOR to CITY pursuant to this Agreement
C Taxpayer Information CONTRACTOR agrees to attach a completed W -9
Form to this Agreement to facilitate tax reporting for payments made by
CITY to CONTRACTOR pursuant to this Agreement
5 CONFLICTS OF INTEREST. CONTRACTOR represents that neither
CONTRACTOR nor any of the attorneys or other persons employed by CONTRACTOR
have any material financial interest, direct or indirect, to any contract or decision made by
or on behalf of CITY that may be affected by the services to be provided to CITY
pursuant to this Agreement, other than a financial interest that is similar, in all material
respects, to the interests of the general public CONTRACTOR agrees that it will comply
with CITY's conflict of interest code as adopted by City Council resolution
6 TERMINATION OF SERVICES.
A CITY may terminate this Agreement with or without cause at any time by
serving CONTRACTOR with notification of such termination by mail, by
fax, or by CITY's Representative's oral notice of termination followed by
written confirmation of same served on CONTRACTOR by mail
B CONTRACTOR may terminate this Agreement with or without cause
upon fifteen (15) days written notice to CITY
C CITY will compensate CONTRACTOR for its services and reimburse it
for costs rendered through and including the effective date of any
termination
7 NOTICES Notices required under this Agreement must be given by personal
service or by first class mail, postage prepaid, and addressed as follows
2
I
To CONTRACTOR Gary Chicots
615 Terrame Avenue
Long Beach, CA 90814
To CITY City of El Segundo
350 Main Street
El Segundo, CA 90245
Attn City Manager
8. INDEMNIFICATION:
A CITY will indemnify and defend CONTRACTOR from any and all
claims, demands, actions, losses, or charges arising out of, related to, or as
a consequence of CONTRACTOR performing his duties as Interim
Director of Planning and Building Safety Further, CITY will pay all
expenses, costs and attorney's fees arising out of or related to the same
B The Parties agree that this Section will survive the termination of this
Agreement CITY's obligations under this Section apply whether
CONTRACTOR is or is not retained by the CITY at the time any such
claim, demand, action, loss or charge is made or occurs, as the case may
be so long as the action giving rise to the claim occurred during the time
CONTRACTOR was retained by CITY
9 PERMITS AND LICENSES. CONTRACTOR, at his sole expense, will obtain and
maintain during the term of this Agreement, all permits, licenses, and certificates that
may be required, as determined by CONTRACTOR, in connection with the performance
of services under this Agreement
10 ASSIGNABILITY. This Agreement is for CONTRACTOR's professional services
CONTRACTOR `s attempts to assign the benefits or burdens of this Agreement without
CITY's written approval are prohibited and will be null and void
11 INDEPENDENT CONTRACTOR. CITY and CONTRACTOR agree that
CONTRACTOR will act as an independent contractor and will have control of all work
and the manner in which it is performed CONTRACTOR will be free to contract for
similar service to be performed for other employers while under contract with CITY
CONTRACTOR is not an agent or employee of CITY and is not entitled to participate in
any pension plan, insurance, bonus or similar benefits CITY provides for its employees
Any provision in this Agreement that may appear to give CITY the right to direct
CONTRACTOR as to the details of doing the work or to exercise a measure of control
over the work means that CONTRACTOR will follow the direction of the CITY as to
end results of the work only
i�tJ
12 AUDIT OF RECORDS. CONTRACTOR will maintain full and accurate records
with respect to all services and matters covered under this Agreement CITY will have
free access at all reasonable times to such records, and the right to examine and audit the
same and to make transcript therefrom, and to inspect all program data, documents,
proceedings and activities CONTRACTOR will retain such financial and program
service records for at least four (4) years after termination or final payment under this
Agreement
13 INTERPRETATION. This Agreement was drafted in, and will be construed in
accordance with the laws of the State of California, and exclusive venue for any action
involving this agreement will be in Los Angeles County
14 ENTIRE AGREEMENT. This Agreement sets forth the entire understanding of the
parties There are no other understandings, terms or other agreements expressed or
implied, oral or written This Agreement will bind and inure to the benefit of the parties
to this Agreement and any subsequent successors and assigns
15 RULES OF CONSTRUCTION. Each Party had the opportunity to independently
review this Agreement with legal counsel. Accordingly, this Agreement will be
construed simply, as a whole, and in accordance with its fair meaning, it will not be
interpreted strictly for or against either Party
16 SEVERABILITY. If any portion of this Agreement is declared by a court of
competent jurisdiction to be invalid or unenforceable, then such portion will be deemed
modified to the extent necessary in the opinion of the court to render such portion
enforceable and, as so modified, such portion and the balance of this Agreement will
continue in full force and effect
17 AUTHORITY/MODIFICATION. The Parties represent and warrant that all
necessary action has been taken by the Parties to authorize the undersigned to execute
this Agreement and to engage in the actions described herein This Agreement may be
modified by written amendment CITY's city manager, or designee, may execute any
such amendment on behalf of CITY
18 ACCEPTANCE OF FACSIMILE SIGNATURES. The Parties agree that this
Agreement, agreements ancillary to this Agreement, and related documents to be entered
into in connection with this Agreement will be considered signed when the signature of a
party is delivered by facsimile transmission Such facsimile signature will be treated in
all respects as having the same effect as an original signature
19 EFFECTIVE DATE. This Agreement is effective on July 18, 2006
a ,;"
3 4. 1
IN WITNESS WHEREOF the parties hereto have executed this contract the day
and year first heremabove written
CITY OF EL SEGUNDO, GARY CHICOTS
a municipal corporation an individual
Jeff Stewart,
City Manager
ATTEST
Cindy Mortesen
City Clerk
APPROVED AS TO FORM
Mark D Hensley, City Attorney
Karl H Berger,
Assistant City Attorney
Taxpayer ID No
OBJECTIVE
Gary Chicots
615 Terrame Ave
Long Beach, Ca 90814
Work (323) 584 -6260
Home (562) 498 -3248
Cell (562) 412 -5154
To work in a progressive, stimulating, and forward thinking organization
in a responsible management position which will allow professional
growth and utilize my education, experience, and management skills to the
fullest extent possible
QUALIFICATIONS
I am a seasoned local government professional with over 27 years of City
related experience as a City Manager, department head, and related
experience As a result, I have well - developed skills in community
Development, Public works, Contract Negotiations, Personnel and Labor
Relations, Finance, Redevelopment, and modern public sector
management
I possess the ability to lead a diverse workforce and utilize staff to its
greatest potential I am able to lead employees on their strengths and
abilities by example and provide positive role models I am able to attract
and maintain quality staff by mentonng, training and providing a van cry
of work related incentives
Accomplishments:
• Redevelopment - Merger of three redevelopment project areas
within the South El Monte Business Improvement District
• New Issuance, $18,120,000 00 South El Monte Business
Improvement District Tax Allocation Bonds, Ratings S &P "AA"
(Radian), S &P "BBB" (underlying)
• Develop short-term finance strategy to retain tax increment funds
resulting in the recapture of $2,250,500
• Economic Development- Develop marketing strategy and
informational material to promote the development of key sites in
South El Monte
• Identified three potential mixed -use development project sites and
attracted major developers utilizing public relations efforts Also
provided financial subsidy totaling $2,060,000 in Housing Set -
aside funds for the development of low and moderate housing
ir�
• Personnel- Re- organization of the South El Monte personnel
system This included the rehiring of key department head staff
along with other key personnel to fill needed positions in
Community Development, Community Services, Finance, City
Clerk, and Administration Also completed negotiations with
management and rank a file groups
• Public works- Development of a Five -Year capital Improvement
Program encompassing all capital projects Also implemented a
Work -Out Program to expedite backlogged public improvement
projects utilizing various grant funds that were subject to recapture
• Energy Retrofit Program - Negotiated a "no-cost" 15 year
capitalized lease agreement totaling $730,000 with a major
construction company to retrofit all city facilities regarding energy
savings
• Social Service /Community Service- Reorganized South El Monte
child care program through RFP /contract negotiations with
subcontractor and the Department of Social Services, State of
California
• Finance- Prepared a Cost Allocation Plan and Fee Study to up -date
South El Monte ability to recover costs associated with services
provided to the residents
• Community Development- Developed an Overlay Zone and
updated zoning regulations in order to prevent the operation of an
adult cabaret business which resulted in a court decision in favor of
the City of South El Monte
Work History
2006 to present, Interim City Planning Consultant
City of Huntington Park
Intenm position assisting the City in project management, special projects administration
and coordination, and contract administration for key projects
i J 0
2002 to 2005, City Manager
City of South El Monte
Responsible for over -all management of city departments including Community Services,
Public Works, Community Development, Los Angeles County Sheriffs, Los Angeles
County Fire Department, and Personnel Act as the Executive Director of the South El
Monte Community Development Commission, and Finance Authority Oversee annual
City /Agency /CIP budget totaling $14 6 million Supervise 80 full -time, part-time, and
contract employees
1994 -2002, Director of Community Development
City of Lynwood
Department head positron responsible for Planning, Building and safety, Home Program,
Lynwood Redevelopment Agency, Economic Development Programs and Commercial
and Residential Rehabilitation Programs Acted as the Assistant Director of the
Lynwood Redevelopment agency, and as Director of Planning, and Building Official
Supervise 30 employees
1991 to 1994, Director of Community Development
City Of Lawndale
Department Head position responsible for Building and Safety, Planning, Housing
Authority, Code Enforcement, and the Lawndale Redevelopment Agency Directed the
preparation of the Lawndale General Plan and Specific Plan as well as and the municipal
code up date and supervised 8 employees
1986 to 1991, Director of Planning
City of Rosemead
Department head position responsible for Planning, and Code Enforcement
Development a comprehensive Code Enforcement Program and initiated the up -date of
the Rosemead General Plan Supervise 5 employees
Education
Masters of Public Policy and Administration, June 1989
California State University, Long Beach
Bachelor of Arts Geography, June 1977
Certificate in Environmental Studies, June 1977
California State University, Long Beach
Military Experience
United States Air force Reserves, October 1969 - October 1975
Rank, Sgt (E -4)
Honorable Discharge
,�J1
EL SEGUNDO CITY COUNCIL MEETING DATE: July 18, 2006
AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION*
Consideration and possible action regarding a Resolution providing for salary and benefit
changes to Chapter 1A2 (Management - Confidential Series) of the El Segundo Administrative
Code, a Resolution establishing new salary ranges for Accountant and Office Specialist II —
Human Resources, and a Resolution updating the Nationwide Retirement Solutions
Governmental Deferred Compensation Matching Plan and Trust Plan (Fiscal Impact $236,000)
RECOMMENDED COUNCIL ACTION:
1) Adopt the attached resolutions,
2) Alternatively, discuss and take other action related to this item
BACKGROUND & DISCUSSION-
Executive Management and Mid- Management/ Confidential job classifications are periodically
reviewed by the City Council for possible salary and /or benefit adjustments The last salary
increase received by this group of unrepresented employees, with the exception of the
Battalion Chiefs and Administrative Battalion Chief, was 4 %, effective 6/25/2005 Battalion
Chiefs and Administrative Battalion Chief received a 7% salary increase, also effective
6/25/2005
At Council's direction, staff initiated the review process for possible July 1, 2006 salary and /or
benefit adjustments starting in June 2006
- continued next page-
ATTACHED SUPPORTING DOCUMENTS-
1 ) Resolutions
2) Attachment A- Salary Tables
FISCAL IMPACT- $236,000 ($59,000 in FY 2005 -2006 & $177,000 in FY 2006 -2007)
Operating Budget:
Amount Requested: $236,000 (for period July 1, 2006 to June 30, 2007)
Account Number. 001 -400- 2901 -6244
Project Phase:
Appropriation Required, X Yes _No ($59,000 in FY 2005 -2006)
ORIGINATED BY. DATE: June 30, 2006
Bret M Plumlee, Director of Administrative Services
REVIEW DATE
Je , City Manager Agenda 547 S
� .� .
BACKGROUND & DISCUSSION:
Adoption of the attached Resolution providing for changes to Chapter 1A2 (Management -
Confidential Series) of the El Segundo Municipal Code and a Resolution establishing new
salary ranges for Accountant and Office Specialist II — Human Resources would result in the
following
1 A 4 0% salary increase for all Executive Management, Mid- Management/Confidential
employees, with the exception of the City Manager, effective 6/24/2006 A 4 0% salary
Increase for Battalion Chief and Administrative Battalion Chief, also effective
6/24/2006, was previously approved by Council on 7/19/2005 For reference, the
Consumer Price Index (CPI) for the Los Angeles- Riverside- Orange County area
averaged 4 858% for the 12 -month period from June 2005 — May 2006
2 The City will annually contribute an additional 1 0% of employee's salary, on a matching
basis, to employee 401 (A) Deferred Compensation accounts The City currently
annually contributes 2 5% of employee's salary The contribution will apply to all
members of the Management Confidential group of employees, including Battalion
Chiefs and Administrative Battalion Chief
3 The benefit provision of the current Long Term Disability (LTD) Insurance Program
provided to civilian non -sworn Executive Management, Mid- Management/Confidential
employees will be Increased from 66 2/3% to 75% of employees' covered salary
Battalion Chiefs, Administrative Battalion Chief, Fire Chief, and Police Chief will be
added to the LTD Program
4 A 3 0% increase in Chief Officer Certification Pay, for a total Certification Pay of 5%
This increase was previously approved by Council on 7119/2005
5 Nominal salary range increases for Accountant ($68 16 per month increase) and Office
Specialist II —Human Resources ($50 66 per month increase) With the concurrence of
the affected bargaining units, these two fob classifications were reallocated to the
Management, Mid- Management/Confidential group of employees in July, 2004 with no
change in salary, and the current salary range adjustment is necessary to attain
consistency within the City's salary tables for unrepresented employees
The attached Resolution updating the Nationwide Retirement Solutions Governmental
Deferred Compensation Matching Plan and Trust Plan reflects the increase in the City's
matching contribution from 2 5% to 3 5% of employee's salary
'J')
1 J
RESOLUTION NO
A RESOLUTION PROVIDING FOR SALARY AND BENEFIT CHANGES TO CHAPTER
1A2 (MANAGEMENT - CONFIDENTIAL SERIES) OF THE EL SEGUNDO
ADMINISTRATIVE CODE
The City Council of the City of El Segundo does resolve as follows
Section 1 - Section 1A2010 and of the El Segundo Administrative Code, entitled
"Basic Salary Schedule," is amended as shown on "Attachment A "
Section 2• Section 1A2 106, entitled "Insurance Benefits — Employee Dental/ Optical/
Long Term Disability (Non -Job Related)," is amended to read as follows.
(c) Long Term Disability (Non -Job Related)
Management - Confidential employees shall be covered by the City under a long term
disability insurance plan
Section 3 Section 1A2 120 of the Administrative Code, entitled "Deferred
Compensation Plan," is amended as follows.
The City will annually pay an amount equal to the employee's contribution to deferred
compensation up to a maximum of 3 5% of the employee's total pay, for all
Management - Confidential employees participating in City approved deferred
compensation plans
Section 4 Section 1A2 123, entitled "Chief Officer Certification" is amended to read
as follows
Battalion Chiefs and Administrative Battalion Chief, upon obtaining Chief Officer
Certification from the Office of the State Fire Marshal, shall receive Certification
Compensation in the amount equivalent to 5% of base salary per month
Section 5 The City Clerk will certify to the passage and adoption of this Resolution,
enter the same in the book or original resolutions of said City, and will make a minute of
the passage and adoption thereof in the records of the proceedings of the City Council
of said City, in the minutes of the meeting at which the same is passed and adopted
Section 6 This Resolution will remain in effect until superseded by a subsequent
resolution
i.jy
Section7 This Resolution will become effective immediately upon adoption
PASSED AND ADOPTED this 18`" day of July, 2006
Kelly McDowell, Mayor
ATTEST
Cindy Mortesen, City Clerk
APPROVED
Mark D Hen
By /?�/
a
Assistant 1
i�J
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO )
I, Cindy Mortesen, City Clerk of the City of El Segundo, California, hereby certify that
the whole number of members of the City Council of the City is five; that the foregoing
Resolution No was duly passed and adopted by said City Council,
approved and signed by the Mayor of said City, and attested to by the City Clerk of said
City, all at a regular meeting of said Council held on the day of
, 2006, and the same was so passed and adopted by the following
roll call vote
AYES
NOES
ABSENT
ABSTAIN
ATTEST
Cindy Mortesen,
City Clerk
APPROVED AS TO FORM'
Mark D. Hensley, City Attorney
In
Karl H Berger
Assistant City Attorney
i.3�
ATTACHMENT A
CITY OF EL SEGUNDO
PROPOSED SALARY TABLES
MANAGEMENT /CONFIDENTIAL GROUP
EFFECTIVE PAYROLL BEGINNING JUNE 24, 2006
GRADE
STEP A
STEP B
STEP C
STEP D
STEP E
1m
1,95210
2,05092
2,15475
2,26383
2,37844
2m
2,00090
2,10219
2,208 62
2,32043
2,43790
3m
2,05092
2,15475
'2,263 83
2,37844
2,49885
4m
2,10219
2,208 62
2,32043
2,43790
2,561 32
5m
2,15475
2,26383
2,28696
2,40274
2,52438
6m
2,12367
2,231 18
2,37844
2,49885
2,62535
7m
2,26383
2,37844
2,49885
2,62535
2,75826
8m
2,32043
2,43790
2,561 32
2,69099
2,82722
9m
2,37844
2,49885
2,62535
2,75826
2,89790
10m
2,43790
2,561 32
2,69099
2,82722
2,97034
11 m
2,49885
2,62535
2,75826
2,89790
3,04460
12m
2,561 32
2,69099
2,82722
2,97034
3,12072
13m
2,62535
2,75826
2,89790
3,04460
3,198 74
14m
2,69099
2,82722
2,97034
3,12072
3,27870
15m
2,75826
2,89790
3,04460
3,198 74
3,360 67
16m
2,82722
2,97034
3,12072
3,27870
3,44469
17m
2,89790
3,04460
3,198 74
3,36067
3,53081
18m
2,97034
3,12072
3,27870
3,44469
3,61908
19m
3,04460
3,198 74
3,36067
3,53081
3,70955
20m
3,12072
3,27870
3,44469
3,619 OS
3,80229
21m
3,198 74
3,36067
3,53081
3,70955
3,89735
22m
3,27870
3,44469
3,61908
3,80229
3,99478
23m
3,36067
3,53081
3,70955
3,89735
4,09465
24m
3,44469
3,61908
3,80229
3,99478
4,197 02
25m
3,53081
3,70955
3,89735
4,09465
4,301 94
26m
3,61908
3,80229
3,99478
4,197 02
4,40949
27m
3.70955
3,89735
4,09465
4,301 94
4,51973
28m
3,80229
3,99478
4,197 02
4,40949
4,63272
29m
3,89735
4,09465
4,301 94
4,51973
4,74854
30m
3,99478
4,197 02
4,40949
4,63272
4,86726
31m
4,09465
4,301 94
4,51973
4,74854
4,98894
32m
4,197 02
4,40949
4,63272
4,86726
5,11366
33m
4,301 94
4,51973
4,74854
4,98894
5,241 50
34m
4,40949
4,63272
4,86726
5,11366
5,37254
35m
4,51973
4,74854
4,98894
5,241 50
5,50685
36m
4,63272
4,86726
5,11366
5,37254
5,64452
37m
4,74854
4,98894
5,241 50
5,50685
5,78564
38m
4,86726
5,11366
5,37254
5,64452
5,93028
39m
4,98894
5,241 50
5,50685
5,78564
6,07853
40m
5,11366
5,37254
5,64452
5,93028
6,23050
41m
5,241 50
5,50685
5,78564
6,07853
6,38626
42m
5,37254
5,64452
5,93028
6,23050
6,38626
43m
5,50685
5,78564
6,07853
6,38626
6,70957
44m
5,64452
5,93028
6,23050
6,54592
6,87730
45m
5,78564
6,07853
6,38626
6,70957
7,04924
46m
5,93028
6,23050
6,54592
6,87730
7,22547
47m
6,07853
6,38626
6,70957
7,04924
7,40610
48m
6,23050
6,54592
6,87730
7.22547
7,591 26
49m
6,38626
6,70957
7,04924
7,406 10
7,781 04 ,7
ATTACHMENT A
CITY OF EL SEGUNDO
PROPOSED SALARY TABLES
MANAGEMENT /CONFIDENTIAL GROUP
EFFECTIVE PAYROLL BEGINNING JUNE 24, 2006
GRADE STEP A STEP B STEP C STEP D STEP E
50m
6,54592
6,87730
7,22547
7,59126
7,97556
51m
6,70957
7,04924
7,40610
7,781 04
8,17495
52m
6,87730
7,22547
7,591 26
7,97556
8,37933
53m
7,04924
7,40610
7,781 04
8,17495
8,58881
54m
7,22547
7,591 26
7,97556
8,37933
8,80353
55m
7,40610
7,781 04
8,17495
8,58881
9,02362
56m
7,591 26
7,97556
8,37933
8,80353
9,24921
57m
7,781 04
8,17495
8,58881
9,02362
9,48044
58m
7,97556
8,37933
8,80353
9,24921
9,71745
59m
8,17495
8,58881
- 9,02362
9,48044
9,96039
60m
8,37933
8,80353
9,24921
9,71745
10,209 40
61m
8,58881
9,02362
9,48044
9,96039
10,464 63
62m
8,80353
9,24921
9,71745
10,209 40
10,726 25
63m
9,02362
9,48044
9,96039
10,464 63
10,994 40
64m
9,24921
9,71745
10,209 40
10,726 25
11,269 26
65m
9,48044
9,96039
10,464 63
10,994 40
11,551 00
66m
9,71745
10,209 40
10,726 25
11,269 26
11,839 77
67m
9,96039
10,464 63
10,994 40
11,551 00
12,135 76
68m
10,209 40
10,726 25
11,269 26
11,839 77
12,439 16
69m
10,464 63
10,994 40
11,551 00
12,135 76'
12,750 14
70m
10,726 25
11,269 26
11,839 77
12,439 16
13,068 89
71m
10,994 40
11,551 00
12,135 76
12,750 14
13,395 61
72m
11,269 26
11,839 77
12,439 16
13,068 89
13,730 50
73m
11,551 00
12,135 76
12,750 14
13,395 61
14,073 77
74m
11,839 77
12,439 16
13,068 89
13,730 50
14,425 61
75m
12,135 76
12,750 14
13,395 61
14,073 77
14,786 25
76m
12,439 16
13,068 89
13,730 50
14,425 61
15,155 91
77m
12,750 14
13,395 61
14,073 77
14,786 25
15,534 80
78m
13,068 89
13,730 50
14,425 61
15,155 91
15,923 17
79m
13,395 61
14,073 77
14,786 25
14,937 31
16,321 25
80m
13,730 50
14,425 61
15,155 91
15,923 17
16,729 29
60f
8,96588
9,41978
9,89665
10,397 67
10,924 05
60fco
9,41417
9,89077
10,391 49
10,917 56
11,470 26
62f
9,41980
9,89668
10,397 70
10,924 08
11,477 11
62fco
9,89079
10,391 51
10,917 58
11,470 28
12,050 97
69f
10,464 65
10,994 42
11,551 02
12,135 79
12,750 16
70p
10,726 25
11,269 27
11,839 77
12,439 16
13,068 89
70p -m
11,262 56
11,832 73
12,431 76
13,061 12
13,722 34
��s8
RESOLUTION NO
A RESOLUTION ESTABLISHING REVISED SALARY
RANGES FOR THE JOB CLASSIFICATIONS OF ACCOUNTANT
AND OFFICE SPECIALIST II — HUMAN RESOURCES
BE IT RESOLVED by the Council of the City of El Segundo as follows
Section 1- The City Council approves the following basic monthly salary range for the
fob classification of Accountant.
STEP A
STEP B
STEP C
STEP D
STEP E
Range 31 m $4094.65
$430194
$451973
$474854
$498894
Section 2 The City Council approves the following basic monthly salary range for the
fob classification of Office Specialist II — Human Resources-
STEP A STEP B STEP C STEP D STEP E
Range 18m $2970 34 $312072 $327870 $344469 $361908
PASSED, APPROVED AND ADOPTED this 18`h day of July, 2006
Kelly McDowell, Mayor
ATTEST
Cindy Mortesen, City Clerk
X39
RESOLUTION NO.
A RESOLUTION ADOPTING THE NATIONWIDE RETIREMENT
SOLUTIONS GOVERNMENTAL DEFERRED COMPENSATION
MATCHING PLAN AND TRUST (PLAN).
BE IT RESOLVED by the Council of the City of El Segundo as follows
SECTION 1 The City Council finds as follows
A The City of El Segundo is an "employer" for purposes of the Internal Revenue Code,
B The City adopted a Deferred Compensation Plan which is available to all eligible
employees pursuant to Internal Revenue Code ( "IRC ") § 457,
C Certain tax benefits accrue to employees participating in said Deferred Compensation
Plan,
D The City wishes to provide an additional incentive to its employees to voluntarily set
aside and invest portions of their current income to meet their future financial
requirements and supplement their existing retirement programs(s),
E Nationwide Retirement Solutions, Inc (NRS) provided the City with a specimen plan
document (the NRS Governmental Deferred Compensation Matching Plan and
Trust),
F It is in the public interest for the City to attract and retain employees of the highest
caliber in order to provide and maintain high standards of service
SECTION 2 The Nationwide Retirement Solutions Governmental Deferred Compensation
Matching Plan and Trust ( "Plan") is adopted The Plan will be maintained for the exclusive benefit
of eligible employees and their beneficiaries
SECTION 3 The City Manager is authonzed to execute all documents and make any additional
administrative decisions or determinations to implement the Plan The City Manager or Director of
Administrative Services, or designee, are named trustees for the Plan
SECTION 4: The City of El Segundo Deferred Compensation Matching Plan ( "Matching Plan") is
adopted The City Manager or Director of Administrative Services or designee is authorized to
execute all documents and make any additional administrative decisions or determinations to
implement the Matching Plan.
SECTION 5• The employer's contribution for the Plan and Matching Plan will match an
employee's annual contribution to the employee's 457 plan up to three and one -half percent (3-
1/2%) of the annual total pay
SECTION 6 Management/Confidential employees, eligible under the City's Deferred
Compensation Plan are also eligible for the Plan and Matching Plan
SECTION 7 The City Clerk is directed to certify the adoption of this Resolution, record this 3 4 0
Resolution in the book of the City's original resolutions, and make a minute of the adoption of the
Resolution in the City Council's records and the minutes of this meeting
SECTION 8 This Resolution will become effective immediately upon adoption and remain
effective unless repealed or superseded
PASSED AND ADOPTED this 18th day of July 12006
Kelly McDowell,
Mayor
i�l
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO )
I, Cindy Mortesen, City Clerk of the City of El Segundo, California, hereby certify that the
whole number of members of the City Council of the City is five, that the foregoing
Resolution No. was duly passed and adopted by said City Council, approved
and signed by the Mayor of said City, and attested to by the City Clerk of said City, all at a
regular meeting of said Council held on the day of 2006, and
the same was so passed and adopted by the following roll call vote
AYES
NOES
ABSENT
ABSTAIN-
ATTEST
Cindy Mortesen,
City Clerk
APPROVED AS F SDI
Mark D Hensl v ornev
By' J'
arl H Bjrger
Assistant City A)to ey
ti
EL SEGUNDO CITY COUNCIL
AGENDA ITEM STATEMENT
AGENDA
MEETING DATE: July 18, 2006
AGENDA HEADING: Consent
Consideration and possible action regarding approval of a $2,000,000 grant from the Federal
Aviation Administration (FAA) to be used for the Residential Sound Insulation (RSI) Program
RECOMMENDED COUNCIL ACTION'
1) City Council accept FAA Grant Agreement for Project No AIP 3 -06- 0139 -40, 2) Authorize
the Mayor to execute the FAA Grant Agreement, and 3) Alternatively, discuss and take other
action related to this Item
BACKGROUND & DISCUSSION:
Earlier this year, staff applied for additional FAA Grant Funding for the City's RSI Program On
June 30, the FAA sent a grant agreement for $2,000,000 In additional funding contingent on
the offer being accepted by the City on or before August 30, 2006 The offer is in keeping with
previous terms and conditions of previous FAA grants accepted by the City To date, the City
has accepted ten FAA grants totaling $13,808,880 and this would be the City's eleventh FAA
grant
Staff recommends that City Council accept the FAA Grant Agreement to continue the
Residential Sound Insulation Program To date, the City has completed RSI Improvements on
336 Dwellings This new grant will be used after current FAA grants and first LAWA grant
have be expended and is expected to help fund Groups 23 -25
ATTACHED SUPPORTING DOCUMENTS:
Project No AIP 3- 06- 0139 -40 Grant Offer
FISCAL IMPACT $2,000,000 to be received in RSI Grant Funds
Operating Budget:
Amount Requested.
Account Number
Project Phase:
Appropriation Required
_Yes X No
James S 'Neill, Prociram Manager
REVIEW DATE: 11f
Je art, City Mana er
1��3
0100
US Deportment
of Tromportotron
Federal Aviation
Administration
June 28, 2006
Federal Aviation Administration
Western -Paafic Region
Jeffrey Stewart
City Manager
City of E1 Segundo
350 Main Street
El Segundo, CA 90245 -0989
Dear Mr Stewart
Los Angeles International Airport
Project No. AIP 3 -06- 0139 -40
Grant Offer
15000 Aviation Boulevard
Lawndale, CA 90261
The Los Angeles International Airport, Fiscal Year 2006 Airport
Improvement Program No 3-06- 0139 -40, Contract DTFA08- 06- C- 21981, DUNS No
077- 264679 has been approved Enclosed are four original copies of the
grant offer, under which the United States commits itself to participate
in an allowable cost of the project not to exceed $2,000,000
Your acceptance of the grant offer will obligate the city of El Segundo
(sponsor) to accomplish the described development An official of the
sponsor shall accept the offer on or before the date specified in
paragraph 6, page 2 of the grant offer by signing the enclosed instruments
in the space provided
The date of the execation of the grant offer should be the same as, or
later than, the date of the resolution The certificate of sponsor's
attorney shall be the same as, or later than, the date of execution When
the documents are fully executed, certified, attested, and appropriate
seals impressed, please return three original copies of the grant
agreement to this office and keep one original copy for your files
Sincerely,
Cl�
John Gilligan
Supervisor, Standards Section
cc Jim Ritchie. LAWA
a 4t 1
i '2
EL SEGUNDO CITY COUNCIL
AGENDA ITEM STATEMENT
AGENDA
MEETING DATE: July 18, 2006
AGENDA HEADING: Consent
Consideration and possible action regarding adoption of Ordinance No 1396 approving the
issuance of a Pipeline Franchise Agreement to Chevron Pipeline Company fora penod of ten
(10) years for a jet fuel pipeline located generally in Virginia Street between Imperial Avenue
and El Segundo Boulevard (Fiscal Impact = $3,000, estimated annual franchise fee)
RECOMMENDED COUNCIL ACTION:
Recommendation — (1) Second reading by title only and adoption of Ordinance No. 1396, (2)
Alternatively, discuss and take other action related to this item
BACKGROUND & DISCUSSION:
On January 16, 1996, the City of El Segundo entered into a non - exclusive Oil Pipeline
Franchise Agreement ( "Pipeline Franchise ", Ordinance No 1246) with Chevron Pipeline
Company ( "Chevron ") for a ten -year period ending on May 12, 2005 to operate and maintain a
pipeline system consisting of a single line of pipe twelve (12) Inches in internal diameter for
the purpose of transporting petroleum products in, under, along, and across public streets in
the City of El Segundo as shown on the attached map. A copy of Ordinance 1246 is available
for review in the City Clerk's Office
(Please see "Background and Discussion" on following page)
ATTACHED SUPPORTING DOCUMENTS:
Map
Franchise Ordinance No 1396
Application from Chevron Pipeline Company
Resolution No 4465 (Resolution of Intent to hold a public hearing)
FISCAL IMPACT:
Operating Budget:
NA
Amount Requested-
NA
Account Number.
NA
Project Phase:
NA
Appropriation Required:
No
Director of Public Works
?/10/0,b
DATE- 7�((l
sl�J
10
BACKGROUND & DISCUSSION: (continued
The Pipeline Franchise has been maintained by Chevron in a holdover status by annually
submitting payment of franchise fees calculated pursuant to the terms of the franchise
agreement
On November 8, 2005, the City of El Segundo received a letter of application from Chevron
requesting that the City grant a new franchise agreement for ten (10) years, for the same
pipelines
On May 16, 2006, City Council adopted resolution No. 4465 declaring its intent to conduct a
public hearing to consider all oral and written testimony regarding the Pipeline Franchise On
May 25 and June 1, 2006, the City Clerk published notification as required by the Public
Utilities Code On June 20, 2006, City Council conducted the public hearing and first reading of
the Ordinance No public comment was received during the public hearing
Franchise fees paid to the City under this Franchise Ordinance are regulated by the California
Public Utilities Code This fee is based on the length and diameter of pipes covered under the
Franchise and as adjusted for inflation from year to year The estimated annual franchise fee
will be $3,000 per year.
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Exhibit "B"
ORDINANCE NO. 1396
AN ORDINANCE GRANTING TO CHEVRON USA, INC. AN OIL
PIPELINE FRANCHISE WITHIN THE CITY OF EL SEGUNDO.
The city council of the city of El Segundo does ordain as follows
SECTION 1: The City Council finds and determines as follows
A The city of El Segundo ( "City ") received an application from Chevron
U S A Inc ( "Chevron ") for a franchise to lay and use pipes and
appurtenances for transmitting and distributing oil or products thereof (as
defined below), for any and all purposes in, under, along, across or upon
the public streets, ways, alleys and places within the city of El Segundo
B Chevron had a 10 -year oil pipeline franchise agreement with the City
which expired on May 12, 2005, but which franchise agreement Chevron
maintained in a holdover status by annually submitting payment of
franchise fees calculated pursuant to the terms of such franchise
agreement and the City's acceptance thereof Chevron seeks to be
granted by the City a new franchise agreement for ten (10) years, for the
same pipelines
C In accordance with state law, the City Council, at a regular meeting held
on May 16, 2006 declared its intention to grant said franchise agreement
to Chevron by adopting Resolution No, 4465
D The City Council also conducted a duly noticed public hearing on June 20,
2006, and after considering all oral and written testimony at said hearing,
approved the granting of this franchise agreement to Chevron in
accordance with the terms and conditions of this Ordinance.
SECTION 2 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 "City" or "Grantor' means the city of El Segundo, a general law city and
municipal corporation of the State of California, in its present incorporated
form or in any later reorganized, consolidated, enlarged or reincorporated
form
B "Director' means the Director of Public Works of the City
C "Engineer' means the City Engineer of the City, or designee.
�
8
D "Facilities" means "Pipes and Appurtenances' as defined below
E "Franchise" means this Ordinance, including its terms and conditions, and
includes the authorization by the City to transmit and distribute oil or
petroleum products for any and all purposes under, along, across or upon
the public streets, ways, alleys and places in the City by means of pipes
and appurtenances.
F "Grantee" means Chevron U.S A Inc. a Pennsylvania corporation and its
lawful successors or assigns
G "Hazardous Materials" means any flammable, explosive, or radioactive
materials or hazardous, toxic or dangerous wastes, substances or related
materials or any other chemicals, materials or substances, exposure to
which is prohibited, limited or regulated by any federal, state, local law or
regulation or which, even if not so regulated, may or could pose a hazard
to public health and safety, including, without limitation, asbestos, PCBs,
petroleum products and byproducts, substances defined or listed as
"hazardous substances" or "toxic substances" or similarly identified in,
pursuant to, or for purposes of, the California Solid Waste Management,
Resource Recovery and Recycling Act (Gov't Code §§ 66700 et seq ); the
Comprehensive Environmental Response, Compensation, and Liability
Act (42 U S C §§ 9601 et seq ), the Hazardous Materials Transportation
Act (49 U S C. §§ 1801 et seq ), the Resource Conservation and
Recovery Act (42 U S.C. §§ 6901 et seq.), California Health & Safety
Code §§ 25117 or 25316, including the regulations promulgated thereto
(see 22 Cal Code of Regs. § 66261 3), any substances or mixture
regulated under the Toxic Substance Control Act of 1976 (15 U S.0 §§
2601 et seq ), any "toxic pollutant" under the Clean Water Act (33 U S C.
§§ 1251 et seq.), and any hazardous air pollutant under the Clean Air Act
(42 U S C §§ 7901 et seq )
H "Lay and use" means to lay, construct, erect, install, operate, maintain,
use, repair, replace, or remove
"Oil or petroleum products" means oil, gas, gasoline, petroleum, wet gas,
hydrocarbon substances, nitrogen and other industrial gases, water, waste
water, mud, steam and other liquid substances not more hazardous than
the aforesaid substances
"Pipes and appurtenances" means pipes, pipelines, manholes, valves,
appurtenances and service connections necessary or convenient for the
operation of said pipes or pipelines, including conduits, cathodic protection
devices, wires, cables, other appurtenances and fiber optic
communications systems necessary or convenient for the exercise of the
Grantee's business in, upon, along, across, under or over those streets of
the City which are described in the attached Exhibit "A" which is
incorporated by reference
K "ESMC" means the El Segundo Municipal Code, as amended
L "Streets" means the public streets, ways, alleys and places within the City
as the same now or may hereafter exist, and in which the City has the
authority to grant a Franchise
SECTION 3: Granting clause /Rights to Grantee; Tenn of Franchise
A Pursuant to, and subject to, the Franchise Act of 1937 (California Public
Utilities Code §§ 6201 -6302, "Act "), City grants to Grantee a franchise to
use, or to lay and use pipes and appurtenances for transmitting and
distributing oil or petroleum products for any and all purposes, under,
along, across or upon the public streets within the City as described in
Exhibit "A" and identified on the maps attached as Exhibit "B" and
incorporated by reference
B As part of this Franchise, Grantee may install, operate, maintain, replace,
repair, abandon in place and /or remove such scraper traps, manholes,
flanges, conduits, culverts, vaults, valves, appliances, cathodic protection
systems, attachments and other appurtenances (collectively,
"appurtenances ") as may be necessary or convenient for the proper
maintenance and operation of the pipelines under this franchise, provided,
however, that Grantee must first secure the requisite permits and /or
approvals from City for construction or excavation
C This Franchise is granted in lieu of all other franchises for pipelines held
by the Grantee, or by any predecessor of the Grantee, for transmitting and
distributing oil or petroleum products within the City's present or future
jurisdictional limits Acceptance of this franchise constitutes Grantee's
abandonment of all such franchises within the City's present or future
jurisdictional limits in lieu of which this franchise is granted, and as
Grantee's agreement to comply with all of the Franchise's terms and
conditions.
D This Franchise has a term of ten (10) years from and after the effective
date of this Ordinance ( "initial term "), unless the following occurs.
1 Grantee voluntarily surrenders or abandons the Franchise, or
2 The property affected by this Franchise is purchased, condemned,
or otherwise taken by a public entity rendering the Franchise
useless; or
_J0
3 The Grantee forfeits the Franchise by violating its terms and
conditions or that of the Act.
E Grantee has an option to extend this Franchise for an additional ten (10)
year penod of time before the end of the initial term of this Franchise,
upon the City's written approval, which approval will not be unreasonably
withheld or conditioned. The parties must commence good faith
negotiations on such extension upon notification from Grantee to the City
of its election to renew this Franchise, which notice must be given not later
than twelve (12) months before the initial term expires
SECTION 4. Compensation In consideration of City's granting this Franchise, in
addition to complying with the Franchise's terms and conditions, Grantee must pay to
the City the following
A Base Annual Fee.
During the term of this Franchise, Grantee agrees to pay the City a
base annual fee for this Franchise as set forth in § 6231 5 of the
Act The base fee is subject to increase to the maximum rate
established in subsequent amendments of the Act The Franchise
fee will be prorated for the remainder of the calendar year based on
a 360 -day year, with the first payment of the Franchise fee accruing
from May 13, 2005
2 Should Grantee partially abandon pipelines or should Grantee
partially remove such pipelines payments otherwise due the City for
occupancy of the streets by such pipelines will be reduced by the
length and diameter of pipeline abandoned or the actual pipeline
removed, beginning with the first day of the next succeeding
Franchise year, and for each subsequent franchise year The base
rate, however, will be modified to reflect the increase (as provided
below) applicable to such abandoned or removed pipeline at the
beginning of the next succeeding Franchise year following
abandonment or removal
3 The base annual fee is due and payable annually on January 2,
during the term of the Franchise for the preceding annual period,
without demand and upon filing of the report required by this
Section. Any fees or expenses charged to Grantee by City pursuant
to this Section, or any other provision of this Franchise, unless
disputed in good faith, must be paid when due or are deemed
delinquent. Any undisputed delinquent amounts will accrue interest
commencing thirty (30) days after the due date, at the rate of one
and one -half percent (1.5 %) per month (based upon a 30 -day
calendar month) or any lesser amount if required by law Any
3J,�
neglect, omission or refusal by Grantee to pay any undisputed
delinquent fee with any late charges, within thirty (30) days of
written demand for payment is grounds for the City to declare the
Franchise forfeited.
4 Payments must be made to the Office of Treasurer, City of El
Segundo, or at such place as the City may, from time to time,
designate in writing The base annual fee must be paid annually
during the term of the Franchise, including the year of granting the
Franchise
B Annual Increase
The amount of each annual payment of the base annual fee is
subject to an increase after the first year of the Franchise and each
subsequent year during the term of this Franchise, based on §
6231 5 of the Act, as amended
The increase is based on the Consumer Price Index (CPI), All
Urban Consumers, for the Los Angeles- Anaheim - Riverside area
(1982 -84 = 100), as published by the United States Bureau of
Labor Statistics, Department of Labor, for the month of September
immediately preceding the month in which payment is due and
payable, divided by the Consumer Price Index, All Urban
Consumers, for the Los Angeles- Anaheim - Riverside area, for June
30, 1989, which equals 100 (Note This was revised to reflect what
is in the Cal Public Utilities Code Section 6231 5) If the Index is
discontinued or revised during the term of this Franchise, such
other governmental price index or computation with which it is
replaced chosen by the City will be used in order to obtain
substantially the same result as would be obtained if the Index had
not been discontinued or revised
3 The City will determine the adjustment in CPI and will provide the
Grantee with the correct schedule before December 1 preceding
the month of January in which payment is due and payable
C Reports Required
The Grantee must file with the City Clerk and City's Finance
Director, on or before January 2nd after the expiration of the
calendar year, or fractional calendar year, following the date of the
granting of this Franchise and on or before January 2nd (Note
These revisions were made to reflect the requirements set forth in
Section 4(A)(3)) after the expiration of each calendar year
thereafter, two copies of a report duly verified by the oath of the
Grantee or by the oath of a duly authorized representative of the
Grantee, showing for the immediately preceding franchise period.
(a) The length of pipelines in lineal feet covered by this Franchise,
(b) The nominal internal diameter of such pipelines expressed in
inches,
(c) The rate per foot per year; and
(d) The total amount due the City.
SECTION 5 Rights of the City.
A This Franchise does not impair or affect any right of the City to acquire the
property of the Grantee, either by purchase or through the exercise of the
right of eminent domain, subject to Grantee's rights, remedies and
defenses, and nothing in this Franchise may be construed to contract
away, or to modify or to abridge, either for a term or in perpetuity, the
City's right of eminent domain in respect to the Grantee, nor will this
Franchise be given any value before any court or other public authority in
any proceeding of any character in excess of the necessary publication
costs and any other sums paid by Grantee to the City at the time this
Franchise was acquired.
B. In connection with any change in grade, alignment or width of any public
street, way, alley or place ( "the Streets "), or the construction of any
subway or viaduct, or any other street improvement of any kind by the
City, where Grantee's rights to occupy the Streets do not supersede the
City's rights, Grantee must, at the City's direction and at Grantee's sole
cost and expense, comply with all of the following provisions, as
applicable.
Within ninety (90) days after Grantee receives written notice from
the City that work is to be done pursuant to any reserved right and
specifying the general nature of the work and the area in which the
same is to be performed, the Grantee must commence to do all
things necessary to protect and support its franchise property
during the progress of such work. If so ordered by the City, Grantee
must relocate those pipes and appurtenances installed, used and
maintained within the street to such extent, in such manner, and for
such period as is necessary to permit the performance of such work
in an economical manner, and to permit the maintenance, operation
and use of such street improvement
��3
2. Grantee must pay to the City the full amount of any increase in cost
for the construction, installation or repair of any bridge, or any
artificial support in or underlying any street in which any pipes or
appurtenances of the Grantee are located, if such increase in cost
is required in order to provide for the installation, maintenance or
operation of Grantee's pipes or appurtenances in or on the street
area which the bridge or other artificial support covers or underlies
3 Grantee must cooperate with the City to take all actions reasonably
necessary in order to accomplish the completion of any City street
improvement project within a reasonable period of time. After
Grantee receives written notice from the City that work is to be
done, the Grantee must diligently prosecute such work to
completion
4 In the decision process necessary to determine if Grantee's
pipelines and /or appurtenances are required to be relocated, the
City will also consider all known future projects that, if done
separately, may cause multiple relocation of the pipelines and /or
appurtenances If such known future projects can be identified, full
consideration of concurrent projects will be given by City If the City
requires the relocation within the public street, way, alley or place
more than once within a period of ten (10) years, the City will pay
the cost of the second and all subsequent relocations within such
ten (10) year period
5 In the event that the City changes the planned rearrangement of
pipelines, or the notice given to Grantee, the Grantee will be given
an additional period of not less than sixty (60) days to accomplish
such work. When Grantee's rights to occupy the Streets predate or
supersede the City's rights, such relocations will be performed by
Grantee as set forth above with the costs reimbursed to Grantee by
City
6 Except as otherwise provided above, when City requires a
rearrangement of Grantee's facilities and such rearrangement is
done for the accommodation of any person, firm, corporation or
public agency other than the City, the cost of such rearrangement
will be borne by the accommodated party Such accommodated
party, in advance of such rearrangement, must (a) deposit with the
Grantee either cash or a corporate surety bond in an amount, as in
the reasonable discretion of the Grantee, to pay the costs of such
rearrangement, and (b) execute an instrument agreeing to
indemnify, defend and hold harmless Grantee from any and all
damages or claims caused by such rearrangement. This provision
will not be construed to require Grantee to rearrange its facilities.
i J I
Any accommodation for rearrangement of Grantee's facilities will be
made at the Grantee's sole discretion
7 Nothing in this Agreement may be construed to require the City to
move, alter, or relocate any of its pipelines upon public streets at its
own expense, for the convenience, accommodation or necessity of
any other public utility, person, firm or corporation, now or hereafter
owning a public utility system of any type or nature, or to move,
alter, or relocate any part of its pipelines upon said streets for the
convenience, accommodation or necessity of the Grantee
SECTION 6: Other obligations of Grantee; Indemnification. The Grantee must
comply with all of the following provisions:
A. Within sixty (60) days after the City Council adopts this Ordinance,
Grantee must file with the Director improvement plans relating to all of
Grantee's facilities located within the City, and a map or maps showing the
location, length and size of all such facilities which have been installed,
relocated, removed or abandoned by Grantee
B Within six (6) months after the installation of any new pipelines under this
franchise, Grantee must file with the Director an "as built" map or maps
showing the approximate location, length and size of all of Grantee's
pipelines so installed.
C Grantee must construct, install and maintain all pipes and appurtenances
in a good and workmanlike manner, and of good materials, and operate in
conformity with all applicable federal, state, and local laws including,
without limitation, the El Segundo Municipal Code (ESMC) In case of
public utilities subject to the jurisdiction of the Public Utilities Commission
of the State of California, the rules, regulations and orders of the Public
Utilities Commission will govern whenever any conflict may exist between
them and the applicable ordinances, codes, rules and regulations adopted
or prescribed by the City To the extent required by applicable law, the
Grantee must obtain and maintain a permit from the City of El Segundo
Fire Department to construct, install, use, operate, repair or modify a
pipeline for the transportation of flammable or combustible liquids
D Grantee must pay the City, on demand, the cost of all repairs to public
property made necessary by any operations of the Grantee under this
Franchise, provided Grantee fads to make such repairs after notice and
reasonable opportunity to complete such repairs.
E Grantee agrees to indemnify, defend and hold harmless the City, its
elected and appointed officials, officers, and employees, from and against
any and all claims, losses, liabilities, damages to persons or property,
5 ;�
demands, actions, judgments, causes of action, assessments, penalties,
costs and expenses (including, without limitation, reasonable fees of legal
counsel, expert witnesses and accountants) arising out of or resulting from
Grantee's operations under this franchise, except to the extent caused by
City's sole active negligence, and for all damages proximately resulting
from the failure of Grantee to faithfully observe and perform each and
every provision of this franchise and of the Act. Grantee is solely
responsible for complying with all laws, regulations, and other orders
which are applicable to the installation, repair, relocation or removal of its
facilities, whether federal, state or local. City's approval of such
installation, repair, relocation or removal will not relieve Grantee of any
liability Grantee may have for contaminated soils or other environmental
liability attributable to or arising from Grantee's pipes, appurtenances and
other facilities. Any fee paid by Grantee pursuant to this Agreement will in
no way limit Grantee's obligation to compensate City for any damage,
claim, expense or loss whatsoever, as set forth in this paragraph
F. In addition, Grantee indemnifies and holds the City harmless from and
against any claim, action, damages, costs (including, without limitation,
reasonable attorney's fees and penalties), injuries, or liability, ansing out
of this Agreement, or its performance including, without limitation,
damages or penalties arising from Grantee's removal, remediation,
response or other plan concerning any Hazardous Materials resulting in
the release of any hazardous substance into the environment Should the
City be named in any suit, or should any claim be brought against it by suit
or otherwise, whether the same be groundless or not, arising out of this
Agreement, or its performance, Grantee will defend the City (at the City's
request and with counsel satisfactory to the City) and will indemnify the
City for any judgment rendered against it or any sums paid out in
settlement or otherwise
The foregoing indemnity is intended to operate as an agreement
pursuant to 42 USC § 9607(e) (the Comprehensive Environmental
Response, Compensation and Liability Act; "CERCLA ") and Health
& Safety Code § 25364 to defend, protect, hold harmless, and
indemnify the City from all forms of liability under CERCLA, or other
applicable law, for any and all matters addressed in this Franchise
G In no event will Grantee's indemnity obligation under this Franchise
include indemnification for the City's gross negligence or willful misconduct
SECTION 7• INSURANCE
A Before commencing performance under this Franchise, and at all other
times this Agreement is effective, Grantee must procure and maintain the
following types of insurance with coverage limits complying, at a minimum,
-iJ�)
with the limits set forth below
Type of Insurance
Commercial general liability
Workers compensation
Limits (combined single)
$2,000,000
Statutory requirement
B Commercial general liability insurance must meet or exceed the
requirements of ISO -CGL Form No. CG 00 01 11 85 or 88 The amount of
insurance set forth above will be a combined single limit per occurrence
for bodily injury, personal injury, and property damage for the policy
coverage Liability policies will be endorsed to name the City, its officials,
and employees as "additional insureds' under said insurance coverage
and to state that such insurance will be deemed "primary" such that any
other insurance that may be carried by CITY will be excess thereto. Such
insurance must be on an "occurrence," not a "claims made,' basis and will
not be cancelable or subject to reduction except upon thirty (30) days prior
written notice to the City
C Grantee will furnish to the City duly authenticated Certificates of Insurance
evidencing maintenance of the insurance required under this Agreement,
endorsements as required herein, and such other evidence of insurance
or copies of policies as may be reasonably required by the City from time
to time. Insurance must be placed with admitted insurers with a current
A M. Best Company Rating equivalent to at least a Rating of "A-VII."
Certificate(s) must reflect that the insurer will provide thirty (30) day notice
of any cancellation of coverage Grantee will require its insurer to modify
such certificates to delete any exculpatory wording stating that failure of
the insurer to mad written notice of cancellation imposes no obligation, and
to delete the word "endeavor" with regard to any notice provisions
D Should Grantee, for any reason, fad to obtain and maintain the insurance
required by this Agreement, the City may obtain such coverage at
Grantee's expense or terminate this Franchise
E Grantee must deliver to City, in the manner provided for notices, copies or
endorsements of all insurance certificates and endorsements required by
this Ordinance, within the following time limits:
1. For insurance required at commencement of this Ordinance, within
thirty (30) days after this Ordinance becomes effective;
2. For insurance becoming required at a later date, at least ten (10)
days before the requirement becomes effective, or as soon
thereafter the requirement, if new, becomes effective, and
a
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3 For any renewal or replacement of a policy already in existence, at
least twenty (20) days after expiration or other termination of the
existing policy
B Notwithstanding anything to the contrary, Grantee may provide a program
of self - insurance provided it can demonstrate that it had a net worth of
$10,000,000 00 within the preceding year. The City, at its sole discretion,
may allow Grantee to self - insure provided the self - insurance program
complies with the provisions and specified limits contained herein, and is
approved by the City Manager and City Attorney If such approval for self -
insurance is granted, the City will be precluded from exercising the
remedies afforded to it pursuant to subsection D of this Section 7
SECTION 8 PRESENCE OF HAZARDOUS MATERIALS: Except as otherwise
provided below, Grantee may not or permit any Hazardous Materials to be discharged
or released in, under, or about the streets or adjacent properties at any time Grantee
must, at its expense, procure, maintain in effect and comply with all conditions of any
and all applicable permits, licenses, and other governmental and regulatory approvals
required of Grantee for Grantee's use of the streets or adjacent properties. Upon
expiration or earlier termination of the franchise term, Grantee must cause all
Hazardous Materials released by Grantee in or under the Streets or adjacent properties,
if any, to be removed from the streets or adjacent properties in accordance with and in
compliance with all applicable laws Grantee may not take any remedial action in
response to the presence of any Hazardous Materials in or about the streets or adjacent
properties, nor enter into any settlement agreement, consent decree or other
compromise in respect to any claims relating to any Hazardous Materials in any way
connected with the streets or adjacent properties, without first notifying City of Grantee's
intention to do so and affording City ample opportunity to appear, intervene or otherwise
appropriately assess and protect City's interests.
SECTION 9: NOTICE TO GRANTOR Grantee must immediately notify City in writing
of (i) any enforcement, cleanup, removal or other governmental or regulatory action
instituted, completed or threatened pursuant to any applicable laws relative to the
streets or adjacent properties, (ii) any claim made or threatened by any person against
Grantee or the streets or adjacent properties relating to damage, contribution, cost
recovery compensation, loss or injury resulting from or claimed to result from any
Hazardous Materials; and (iii) any reports made to any governmental agency arising out
of or in connection with any Hazardous Materials in or removed from the streets or
adjacent properties, including any complaints, warnings or asserted violations in
connection therewith Grantee must also supply to City as promptly as possible copies
of all claims, reports, complaints, notices, warnings or asserted violations, relating in
any way to the streets or adjacent properties, or Grantee's use of the streets. Grantee
must promptly deliver to City copies of manifests reflecting the legal and proper disposal
of all Hazardous Materials removed by the Grantee from the streets or adjacent
properties
11
SECTION 10 Assignability Grantee may sell, transfer or assign this Franchise
or any interest therein directly or indirectly, or any of the rights or privileges hereby
granted, with the City's prior written consent, which will not be unreasonably withheld.
Notwithstanding the above statement, Grantee may transfer or assign this Franchise to
any parent, subsidiary or affiliate without obtaining the consent of City, provided
Grantee provides written notification within thirty (30) days of said transfer or
assignment and submits written evidence of the same, including a certification executed
by a duly authorized officer of the Grantee. Upon compliance with the foregoing, this
Franchise will be binding on the successors and assigns of the parties hereto, and inure
to the benefit of the successors and assigns of the parties hereto.
SECTION 11: Excavations.
A Grantee must obtain an excavation permit in accordance with the ESMC,
and pay the applicable fee therefor, before commencing any excavation in
any street or public right of way, or before disturbing the earth beneath the
surface of the street, except in the case of an emergency Before any
excavation permit is issued for the construction or installation of a pipeline
for the transmission of flammable or combustible liquids, gases or
hazardous materials, Grantee must obtain the applicable permits from the
City If the proposed location of the excavation does not, or will not,
unreasonably interfere with the use of the streets by the City or if Grantee
holds rights to occupy the area of the Streets which supersede the City's
rights, and Grantee complies with all applicable laws, the Public Works
Director will issue the appropriate permit(s)
B Where it is necessary to lay any underground pipes through, under or
across any portion of a paved or macadamized street, such work, where
deemed by Grantee in its sole discretion to be a safe method of
installation, as well as practicable and economically feasible, may be done
by a tunnel or bore so as not to disturb the foundation of such paved or
macadamized street If the same cannot be done, or if it is necessary to
cut the street in order to access existing pipes and appurtenances, such
work will be done pursuant to an excavation permit
C. All work is subject to the City's inspection All street coverings or
openings, valves, vaults and manholes must at all times be kept flush with
the surface of the streets, provided, however, that vents for underground
vaults and manholes as well as cathodic protection devices, including
pole- mounted rectifiers may, subject to the City's prior approval, extend
above the surface of the streets when such vents and cathodic protection
devices, including pole- mounted rectifiers, are located in parkways,
between the curb and the property line The Grantee must provide
adequate traffic safety barriers, signs, devices and traffic safety warning
equipment in accordance with the ESMC and comply with such additional
12
safety measures as the City may direct
D In emergencies, Grantee may commence excavation of streets without
prior permit, provided, however, Grantee acts in a reasonable and diligent
manner as soon as practicable after the onset of said emergency to obtain
a permit authorizing such work
E Grantee acknowledges that the City's records may not be complete and
that pipes and appurtenances previously unknown to City are frequently
discovered Consequently, by granting this franchise or by approving any
excavation permit requested by Grantee, the City does not warrant the
accuracy of information supplied to the Grantee by the City regarding the
location or existence of other facilities. Nothing herein will make the City,
or any officer, agent or employee of the City, responsible or liable to the
Grantee or to any other person by virtue of the City's approval of
excavation permit plans, regardless of whether any information is supplied
by the City to the Grantee pertaining to the location of existing pipes,
facilities or other improvements on, in or under any street or other public
property.
SECTION 12: Grantee's Emergency Response Plan; Pipeline Accidents
A The Grantee must develop and maintain an emergency response plan,
reasonably satisfactory to the City, which covers all franchise operations
within the City. In general, an emergency response plan meeting the
requirements of Federal and State law and containing the information
contained in this section is acceptable. The emergency response plan
must include a 24 -hour notification program and proof of arrangements
capable of providing emergency response services, including without
limitation to traffic control, street excavation pipeline repair, and supplies
and services as necessary, within two (2) hours of notification of any
problem, and such other information as the City may reasonably require
Repairs to a public street, alley or parkway must be completed within 72
hours of Grantee completing repairs to its facilities and clean up of any
materials released from its facilities, if reasonably possible, unless
otherwise authorized by the City The City must be notified ten (10) days
in advance of any proposed change in such arrangements Any changes
in or revisions to Grantee's emergency response plan must be submitted
to the City on the first working day of the subsequent calendar year
B Whenever any pipeline or appurtenance breaks or leaks so as to cause
the release of oil or petroleum products into or under the public right -of-
way, Grantee, and any other person using or controlling the pipeline or
appurtenance, must immediately notify the City's Police Department and
Public Works Department and implement precautionary safety measures
including traffic control, system shutdown, valve closures, and public
13
�GJ
notification. In the event of an emergency which threatens life, health,
safety, or property, and where it is not possible to obtain an excavation
permit before commencing the work, the Grantee may commence such
work, provided, however, that within seventy -two (72) hours thereafter the
Grantee must apply for an excavation permit. Adequate traffic safety
barriers must be maintained at all times, and any damaged portion of the
street must be restored to at least the condition that existed immediately
before the damage.
C If any portion of any City street is damaged by reason of defects, breaks
or leaks in any of the pipes and appurtenances maintained or constructed
by Grantee, or by reason of any other cause attributable to or arising from
the operation of any pipes and appurtenances constructed or maintained
by Grantee, the Grantee must, at its sole cost and expense, immediately
repair all damage and restore the street to the condition existing before
such damage occurred All such work must be done under the City's
direction, and to the City's reasonable satisfaction. Grantee must repair
such damage and restore the street within three (3) working days after
receiving a written demand from the City or such other reasonable period
as the Director may authorize when required for the protection of the
public health and safety
D. Should Grantee, after reasonable notice, fail or refuse to pave, surface,
grade, repave, resurface or regrade any damaged street as required by
the provisions of this franchise, the City may cause the work to be done
after written notice is given to Grantee and will keep an itemized account
of all costs incurred. The Grantee agrees to, and must, reimburse the City
for all such costs, including reasonable administrative overhead expenses,
within thirty (30) days after presentation to Grantee of an itemized account
of such costs.
SECTION 13. Abandonment. Should Grantee abandon all or any part of the
pipes and appurtenances which encompass this Franchise, such abandonment must be
accomplished by Grantee as required by the State of California Pipeline Safety Act, or
other governing State or Federal laws or statutes. Grantee will not owe the City any
compensation for the privilege of said abandonment The ownership of all franchised
property so abandoned in place, immediately vest in the City except that Grantee will
retain ail liability for the installation or construction of those facilities, and any liability for
Hazardous Materials, as those liabilities exist as of the date of the Abandonment
SECTION 14: Default.
A Effect of Default. Should Grantee default in the performance of any of the
terms, covenants and conditions herein, and such default is curable, the
City may give written notice to Grantee of such default Should Grantee
not commence the work necessary to cure such default within sixty (60)
Alj
14
days after such notice is received by Grantee, or prosecute such work
diligently to completion, the City may declare this Franchise forfeited
Upon giving written notice of forfeiture to Grantee, this Franchise will
terminate and Grantee's rights will terminate. Should the Franchise be
forfeited, Grantee must execute an instrument of surrender and deliver
same to City In the event of noncompliance by the Grantee with any of
these conditions, the City may, in addition to all other remedies, bring suit
for the forfeiture or termination of this Franchise.
B Force Majeure. Should Grantee's performance of this Franchise be
prevented due to fire, flood, explosion, war, embargo, government action,
civil or military authority, the natural elements, or other similar causes
beyond Grantee's control, then Grantee will not be deemed to be in
default or forfeit its Franchise rights if it commences and prosecutes
performance with all due diligence and promptness upon being able to do
so
C Cumulative Remedies No provision of this Franchise for enforcing the
terms and conditions of this Franchise is an exclusive remedy or
procedure for enforcement These remedies and procedures are in
addition to those provided by law and are cumulative
SECTION 15 Dispute Resolution. If a dispute arises between the parties
relating to this Franchise, the parties agree to use the following procedure before either
party pursuing other available legal remedies, except when doing so would cause the
expiration of an applicable statute of limitations. A meeting will be held promptly
between the parties, attended by individuals with decision- making authority regarding
the dispute, to attempt in good faith to negotiate a resolution of the dispute If, within
thirty (30) days after such meeting the parties have not succeeded in negotiating a
resolution of the dispute, they agree to submit the dispute to mediation. City and
Grantee will equally advance a proportionate share of the costs of mediation The
parties will jointly appoint a mutually acceptable mediator within thirty (30) days from the
conclusion of the negotiation period The parties agree to participate in good faith in the
mediation and related negotiations for a period of sixty (60) days. Any decision of the
mediator must be supported by written findings of facts and conclusions of law If the
parties are not successful in resolving the dispute through the mediation, the matter
may be submitted to a court of law
SECTION 16: Notice.
Any notice required to be given under the terms of this Franchise, the manner of
services of which is not specifically provided for here, may be served to the
following identified addresses, or to such other address as may from time to time
be furnished in writing by one party to the other, and by depositing said notice in
the United States mad, postage prepaid When the services of any such notice is
362
15
made by mad, the time such notice will begin with and run from, is the date of
deposit of the same in the United States mad.
Upon City City of El Segundo
Public Works Department
Attn Director of Public Works
350 Main Street
El Segundo, CA
Upon Grantee. Chevron USA Inc
c/o Chevron Pipe Line Company
16301 Trojan Way
La Mirada, CA 90638
Fax (714) 228 -1524
Attn: Team Leader)
SECTION 17. Grantee's Acceptance of Franchise. Except as otherwise stated
herein, Grantee must within thirty (30) days after this Franchise is adopted, file with the
officers of the City designated herein the following instruments or documents:
A. File with the City Clerk Grantee's written acceptance of the terms and
conditions of this ordinance
B File with the City Clerk certified copies of the policies of liability insurance
and workers' compensation insurance, or, in lieu thereof, certificates
evidencing such insurance, which policies must be in accordance with the
terms and conditions of this ordinance Notwithstanding anything to the
contrary, Grantee may provide a program of self- insurance provided it can
demonstrate that it had a net worth of $10 million within the preceding
year The City, at its sole discretion, may allow Grantee to self - insure
provided the self - insurance program complies with the provision and
specified limits contained herein, and is approved by the City
Administrator and City Attorney
C File with the City Clerk, within ten (10) business days after the City Council
adopts and passes the ordinance granting this franchise and thereafter at
all times during the life of the Franchise keep on file with the City Clerk, a
bond issued by an admitted surety insurer, and in a form approved by the
City Attorney, in the penal sum of One Hundred Thousand Dollars
($100,000), conditioned that the Grantee will well and truly observe, fulfill,
and perform each condition of the Franchise and that in case of any
breach of condition of the bond, the whole amount of the penal sum
16 1�J
therein specified will be recoverable from the principal and surety upon
said bond If said bond is not filed, or if it does not receive the approval of
the City Attorney, the Franchise may be revoked or forfeited and any
money paid to the City in connection therewith will be retained by the City
SECTION 18. Reimbursement for City's posting and publication expenses.
The Grantee will pay the City a sum of money sufficient to reimburse the City for all
posting and publication expenses incurred in connection with the granting of this
Franchise. Such payment must be made by Grantee within thirty (30) days after the City
provides to the Grantee a written statement of such expenses
SECTION 19 Venue The Parties agree that all actions or proceedings arising in
connection with the ordinance will be tried and litigated in the State courts located in the
County of Los Angeles, State of California The Parties intend that this choice of venue
be mandatory and not permissive in nature, thereby precluding the possibility of
litigation between the parties with respect to or arising out of this Ordinance in any
jurisdiction other than that specified in this Section. Each party waives any right it may
have to assert the doctrine of forum non conveniens or similar doctrine or to object to
venue with respect to any proceeding brought in accordance with this Section, and
stipulates that the State courts located in the County of Los Angeles, State of California
have in person jurisdiction and venue over each of them for the purpose of litigating any
dispute, controversy, or proceeding arising out of or related to this Agreement
SECTION 20• No Waiver. Grantee is not excused from complying with any of the
terms and conditions of this Ordinance by any failure of the City upon any one (1) or
more occasions to insist upon or to seek compliance with any such terms or conditions.
No City waiver of any provision or consent to any action constitutes a waiver of any
other provision or consent to any other action, whether or not similar No waiver or
consent constitutes a continuing waiver or consent or commit a party to provide a
waiver in the future except to the extent specifically set forth in writing Any waiver
given by a party will be null and void if the party requesting such waiver has not
provided full and complete disclosure of all material facts relevant to the waiver
requested
SECTION 21 • Binding Effect. Each and all of the provisions hereof are binding
on and inure to the benefit of the Parties and their respective heirs, successors, and
permitted transferees and assigns.
SECTION 22 Amendment. No amendment, modification, or supplement to this
ordinance is binding on any of the parties unless it is in writing, signed by the parties,
and approved through legislative action
SECTION 23 Entire Agreement. This ordinance constitutes the entire
agreement between the parties with regard to this subject matter. This ordinance
supersedes all previous agreements between or among the parties. There are no
agreements, representations, or warranties between or among the parties other than
17 ; 6 -}
those set forth in this Agreement or the documents and agreements referred to in this
agreement
SECTION 24: Construction. Each party has been represented by counsel in the
negotiation and execution of this ordinance The terms of this ordinance were
negotiated by the Parties and the language used in this Franchise is deemed to be the
language chosen by the Parties to express their mutual intent. This Franchise will be
construed without regard to any presumption or rule requiring construction against the
party causing such instrument or any portion thereof to be drafted, or in the favor of the
party receiving a particular benefit under this Agreement No rule or strict construction
will be applied against any Person
SECTION 25: Miscellaneous Provisions.
A Captions The captions here are for convenience and reference only, and
are not part of this Franchise, and do not in any way limit, define or amplify
the terms and provisions hereof
B Governing Law This Franchise has been made and will be construed and
interpreted in accordance with the laws of the State of California
C. Execution The Mayor of the City will approve and sign and the City Clerk
will attest to the passage of this Ordinance. This Ordinance will take effect
thirty (30) days from the date of its adoption. Once this Ordinance
becomes effective, it will be deemed to be applicable as of May 13, 2005
SECTION 26. Repeal of any provision of the El Segundo Municipal Code 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 of
prosecuting violations occurring before the effective date of this Ordinance
SECTION 27 Severability. 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 28 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 29 This Ordinance becomes effective thirty (30) days after adoption.
18 ��J
APPR(
Mark E
0
PASSED AND ADOPTED this _ day of 2006
iey
Kelly McDowell, Mayor
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO )
I, Cindy Mortesen, City Clerk of the City of El Segundo, California, DO HEREBY
CERTIFY that the whole number of members of the City Council of the said City is five,
that the foregoing resolution, being RESOLUTION NO was duly passed and
adopted by the said City Council, approved and signed by the Mayor of said City, and
attested by the City Clerk of said City, all at a regular meeting of the said Council held
on the day of 2006, and the same was so passed and
adopted by the following vote
AYES
NOES:
ABSENT
ABSTENTION
NOT PARTICIPATING
WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this day of
,2006
Cindy Mortesen, City Clerk
Of the City of El Segundo,
California
(SEAL)
'161)
19
Location of pipeline in the City particularly described as follows:
BEGINNING at a point in the South line of E1 Segundo
Boulevard 20.00 feet easterly of the center line of Whiting
Street: THENCE northerly across E1 Segundo Boulevard to a point
7.00 feet South of the center line of E1 Segundo Boulevard;
THENCE easterly parallel to the center line of E1 Segundo
Boulevard to a point 12.50 feet westerly of the center line of
Virginia Street; THENCE northerly parallel to the center line of
Virginia Street and its extension to a point in Imperial Avenue
lying 16.00 feet South of the center line of Imperial Avenue;
THENCE easterly parallel to the center line of Imperial Avenue
to a point 150.00 feet easterly of the center line of Virginia
Street; THENCE northerly parallel to the center line of Virginia
Street to the North City boundary.
This Franchise is hereby granted to Grantee, and its lawful
successors and assigns subject to the terms of this Franchise.
This Franchise shall include the right, for the period and
subject to the terms of this Agreement, to so maintain, operate,
repair, and renew the pipeline system of Grantee authorized
hereunder as already laid and constructed in said Streets, if
any.
Exhibit "A" 'L 6 '7
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Exhibit "B"
AL
November 8, 2005
Steve Finton
Director of Public Works
City of El Segundo
350 Main Street
El Segundo, CA 90245
Re: Franchise renewal Application
City Ordinance No 1246
CPL ROW #90181
Dear Mr Finton:
Chevron
RECEIVED
NOV 15 2005
PUBLIC WORKS
ENGINEERING
Chevron Pipe Line Company, as agent for Chevron U.S.A. Inc.,
requests a grant from the City of El Segundo for a ten year franchise
agreement for one 12 -inch aviation het fuel line under City streets from
El Segundo Refinery to serve LAX. The current franchise agreement
expired on May 12, 2005.
Chevron U. S. A. Inc. shall pay the City of El Segundo an annual
franchise fee which complies with the Franchise Act of 1937 (Public
Utilities Code sections 6201, et seq.). Please vest the agreement in
Chevron U. S. A. Inc., a Pennsylvania corporation.
Please send the agreement for processing to: 16301 Trojan Way, La
Mirada, CA 90638. Should you have any concerns, feel free to contact
me at (714) 228 -1523. Thank you for your help and consideration with
this matter.
Sincerely,
-ZE� �Z�L'
Ray Riddle
Right of Way Specialist
.x
RESOLUTION NO. 4465
A RESOLUTION DECLARING THE CITY COUNCIL'S
INTENT TO CONDUCT A PUBLIC HEARING ON JUNE 20,
2006 REGARDING THE GRANT OF AN OIL PIPELINE
FRANCHISE TO CHEVRON.
The City Council does resolve as follows
SECTION 1 The City Council finds and declares that
A On November 15, 2005, the City of El Segundo received an application
from Chevron Pipeline Company ( "Chevron ") for a franchise to lay and use
pipes and appurtenances for transmitting and distributing oil or petroleum
products for any and all purposes in, under, along, across, or upon the
public streets, ways, alleys and places within the City's jurisdiction
( "Pipeline Franchise "),
B Chevron previously held a Pipeline Franchise (Ordinance No 1246) for
operations with the City that expired on May 12, 2005
SECTION 2 Pursuant to Public Utilities Code § 6232, the City Council declares its
intention to conduct a public hearing on June 20, 2006 at 7 00 p m in the City Council
Chambers at 350 Main Street, El Segundo, to consider all oral and written testimony
regarding the Pipeline Franchise before determining whether to grant a new Pipeline
Franchise to Chevron
SECTION 3 The City Clerk is directed to publish public notice of the public hearing
(including all requirements set forth in Public Utilities Code § 6233) at least one time
within fifteen (15) days after this Resolution is adopted in a newspaper of general
circulation
SECTION 4 This Resolution will become effective immediately upon adoption and
remain effective unless superseded by a subsequent resolution
PASSED AND ADOPTED this 1ystday of May 2006
A&P /
/ elly McD wel , y
APPROVED A /
Mark D Hen Aft F )V 1
:/ / JJ /
Berger, P�4t, istant City
i 70
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO )
I, Cindy Mortesen, City Clerk of the City of El Segundo, California, DO HEREBY
CERTIFY that the whole number of members of the City Council of the said City is five,
that the foregoing resolution, being RESOLUTION NO 4465 was duly passed and
adopted by the said City Council, approved and signed by the Mayor of said City, and
attested by the City Clerk of said City, all at a regular meeting of the said Council held
on the 16th day of May 2006, and the same was so passed and
adopted by the following vote
AYES McDowell, Busch, Boulgarides, Fisher, Jacobson
NOES: None
ABSENT None
ABSTENTION None
NOT PARTICIPATING: None
WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this 16th day of
May .2006
FRE
Cindy Mortesen, City Clerk
Of the City of El Segundo,
California
(SEAL)
1
EL SEGUNDO CITY COUNCIL MEETING DATE July 18, 2006
AGENDA ITEM STATEMENT AGENDA HEADING. Consent Agenda
AGENDA DESCRIPTION,
Consideration and possible action to award a Contract to California Fence & Supply for the
Installation of security enclosures around reservoir hatches at the 6 million gallon water
reservoir located at 301 Maryland Street (Fiscal Impact = $ 16,800)
COUNCIL ACTION-
Recommendation — (1) Award a contract in the amount of $16,800 to California Fence &
Supply in a form as approved by the City Attorney; (2) Authorize the City Manager to execute
the construction contract on behalf of the City, and /or (3) Alternatively discuss and take other
action related to this item
BACKGROUND & DISCUSSION
In 2004, the City completed a vulnerability assessment of its municipal water system This
assessment was performed in response to a mandate by the Environmental Protection
Agency to assess the vulnerability of municipal water systems to intentional damage or
contamination.
round and discussion continued on the next
ATTACHED
None
FISCAL IMPACT:
Operating Budget,
Capital Improvement Program,
Amount Requested*
Account Number.
Project Phase,
Appropriation Required:
No
No
$16,800 Grant Funds
001. 400 - 3255 -8104
Award of Contract
No
ORIGINATED B DATE
St ven Finton. Director of Public Works
BACKGROUND & DISCUSSION: (continued)
The assessment recommended additional security at two access hatches on the water
reservoir at 301 Maryland Street The proposed project will install two security cages, 10'
wide, by 10' long, by 8' high, over the access hatches at the northwest and southeast corners
of the reservoir roof structure The roof structure of this reservoir also serves as the parking lot
for Hilltop Park These cages will be galvanized steel structures with a tight wire mesh to
prevent unauthorized access to interior of the reservoir
Pursuant to the City of El Segundo Municipal Code §§ 1 -7C -1, et seq , staff contacted three
contractors and received the following quotes.
California Fence & Supply $16,800
Western Fence & Supply $16,900
Ace Fence Company $19,600
Staff recommends entering into a contract to California Fence & Supply in the amount of
$16,800 to furnish and install the security enclosures
Funding for the cages is available through a grant from the U S. Department of Homeland
Security, under the Urban Area Security Initiative (UASI) FY 2004 -05 grant program This grant
will fund 100% of project costs
l i
EL SEGUNDO CITY COUNCIL MEETING DATE: July 18, 2006
AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action to award a Contract to Truellne for the Recreation Park
racquetball courts refurbishment (339 Sheldon Street) in the amount of $26,589
Approved Capital Improvement Project— Project No PW 06 -10
(Contract Amount = $ 26,589)
RECOMMENDED COUNCIL ACTION:
Recommendation — (1) Authorize the City Manager to execute a Public Works contract with
Trueline in a form as approved by the City Attorney to refurbish the racquetball courts in the
amount of $26,589, and (2) Alternatively, discuss and take other action related to this item
BACKGROUND & DISCUSSION.
(Background and discussion continued on the next page
ATTACHED SUPPORTING DOCUMENTS.
Location Map
FISCAL IMPACT.
Operating Budget.
Capital Improvement Program,
Amount Requested,
Account Number-
Project Phase,
Appropriation Required:
$50,000
$26,589
301 - 400 -8202 -8481
Award of Contract
No
ORIGINA D BY. DATE. July 10, 2006
Ste en Finton, Director of Public Works
REVI
rt, City Ma
DATE•
1 2
BACKGROUND & DISCUSSION: (continued)
The Capital Improvement Program for fiscal year 2005 -2006 includes a project to refurbish the
two (2) indoor racquetball courts The proposed work includes removal of all existing surface
paint from the concrete walls and floors, repair of the broken concrete surfaces and application
of the new concrete epoxy (Dex -O -Tex) coating
Ordinance 1391, adopted by the City Council on January 17, 2006, implementing the bidding
requirements of the Uniform Public Construction Cost Accounting Act (Act) Under the Act
projects valued less than $30,000 do not require formal bids
The racquetball court refurbishment project was estimated at less than $30,000, therefore,
staff solicited quotes from qualified contractors as follows
1 Trueline $26,58900
2 Coating Systems, Inc $30,85000
Trueline provided the lowest bid, staff recommends awarding a contract to Trueline for the
refurbishment of the racquetball courts in the amount of $26,589 Trueline has completed
similar projects for the City including the most recent surface refurbishment project of the
tennis courts at the Recreation Park
�'7
G\721
GIRP.up AV ENu B
f
i76
EL SEGUNDO CITY COUNCIL
AGENDA ITEM STATEMENT
AGENDA
MEETING DATE: July 18, 2006
AGENDA HEADING: Consent
Consideration and possible action regarding adoption of plans and specifications for
Installation of a Telemetry System for the City's Water and Wastewater Divisions at 400
Lomita Street Approved Capital Improvement Program Project No PW 06 -01
(Fiscal Impact = $125,000)
RECOMMENDED COUNCIL ACTION
Recommendation — (1) Adopt plans and specifications; (2) Authorize staff to advertise the
project for receipt of construction bids, (3) Alternatively discuss and take other action related to
this item
BACKGROUND & DISCUSSION'
The City's water, storm drain and wastewater systems consist of critical facilities such as pump
stations and reservoirs that must be continuously monitored to assure proper function
Undetected malfunctions could result in flooding, sewer discharges or loss of water system
integrity
(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,
$350,000
$125,000
501 -400- 7103.8228
Adoption of Plans and Specifications
No
ORIGINATED BY DATE, July 11, 2006
to en Finton� of Public Works
REVIEWE DATE'
Jeff aKCityManeger
3
'1'7'7
BACKGROUND & DISCUSSION: (continued)
To detect and respond to system malfunctions, the City maintains a telemetry system that
monitors critical system functions and contacts staff to respond if malfunctions are detected
The system consists of sensors at 18 remote sites which are connected via phone lines to a
dedicated computer at the water facility at 400 Lomita Street. The existing system, while still
functional, depends solely on phone lines and has been increasingly problematic As
evidenced by the January 2006 sewer spill in Manhattan Beach, it is critical that any telemetry
system by dependable and not rely on landlines alone.
On June 7, 2005, City Council approved an agreement with Federal Signal Controls to design
and provide hardware and software components for installation of an upgraded telemetry
system The TERRA platform, Federal Signal's third - generation telemetry system, is proposed
to provide intelligent, automated and highly- secure remote monitoring of the City's water
distribution, wastewater collection and storm water pumping stations.
The proposed telemetry system to be installed uses radio communication and will be capable
of notifying staff through a pager system Where possible, the existing phone based
communication system will be maintained to provide redundancy. Additionally, an audible and
visual alarm system will provide an additional level of redundancy The installation will be
phased to keep the existing system operational until the new system is operational
Additionally, specific sites will be equipped with digital cameras that can display visual
verification of system operation through secure internet access
The plans to install the new system have been completed by Federal Signal Controls and the
protect is ready to be advertised for construction bids The plans and specifications for the
installation of the new telemetry system are available at the City Clerk's office for review
Funding for this project is provided through the FY2005 -2006 Capital Improvement Program,
1
EL SEGUNDO CITY COUNCIL
AGENDA ITEM STATEMENT
MEETING DATE: July 18, 2006
AGENDA HEADING: Consent
Consideration and possible action regarding adoption of plans and specifications for 2005-
2006 Slurry Seal of Various Streets — Approved Capital Improvement Program — Project No
PW 06 -09 — (Fiscal Impact = $200,000),
RECOMMENDED COUNCIL ACTION
Recommendation — (1) Adopt plans and specifications; (2) Authorize staff to advertise the
project for receipt of construction bids; (3) Alternatively discuss and take other action related
to this item
BACKGROUND & DISCUSSION:
The Public Works Department administers a slurry sealing program as a preventive measure
to extend the life of pavement Citywide. The slurry sealing process consists of the application
of a thin asphalt slurry layer on existing asphalt pavement to prevent water intrusion
(Background and discussion continued on next page......)
ATTACHED SUPPORTING DOCUMENTS:
Map
FISCAL IMPACT
Operating Budget
Amount Requested*
Account Number*
Project Phase.
Appropriation Required
$250,000
$200,000
001 -400- 4202 -6206
Adopt plans and specifications
No
ORIGINATED DATE �/
Director of Public Works
DATE
144
.179
Background and Discussion continued
The City is divided into five areas for slurry sealing, four quadrants west of Sepulveda
Boulevard and one area east of Sepulveda (see attached map). Previously, only the four
quadrants west of Sepulveda Boulevard were included in the slurry sealing program and
streets were slurry sealed on a four -year cycle. It became evident, however, that streets east
of Sepulveda Boulevard were deteriorating and should be included in the program as the fifth
slurry sealing area This reduced the slurry sealing frequency to five years. Conventional
pavement management practice dictates that asphalt pavements should be slurry sealed at
least every eight years The City's five year cycle exceeds this standard The area east of
Sepulveda Boulevard was treated under the last contract completed in 2003. Slurry sealing
was not included in the FY 2003 -04 and FY 2004 -05 budgets due to budget constraints
Staff has prepared plans and specifications for the 2005 -2006 Slurry Seal Program which
includes streets in the area bounded by Mariposa Avenue, Sheldon Street, El Segundo
Boulevard and Sepulveda Boulevard, as shown on the attached map. This area was last
slurry sealed in FY1998 -99 and is the area that has gone the longest without slurry treatment.
iU�
W
SHY
EL SEGUNDO CITY COUNCIL MEETING DATE- July 18, 2006
AGENDA ITEM STATEMENT AGENDA HEADING. Consent Agenda
Consideration and possible action regarding the purchase of mobile and handheld radios for
the fire department on a sole source basis with grant funding provided by the U S Department
of Homeland Security, Office of Domestic Preparedness (ODP), under the Urban Area
Security Initiative (UASI) for the Fiscal Year 2005 Federal Budget Year (FY2005)
Fiscal Impact $168,220 00
RECOMMENDED COUNCIL ACTION:
1) Authorize the purchase of up to 39 radios with $168,220 00 in grant funds from the FY2005
UASI grant program, 2) Pursuant to El Segundo Municipal Code Sec. 1 -7 -10, waive the
bidding process based upon sole source vendor for specified radios, 3) Alternatively, discuss
and take other action related to this item
BACKGROUND & DISCUSSION.
The City Council previously accepted an award of $608,118 00 in grant funds under the
FY2005 Urban Area Security Initiative (UASI) grant program This purchase will complete the
replacement of the Fire Department's analog mobile and handheld radios, meeting regional
interoperable communication goals When purchase and installation is completed, the El
Segundo Fire Department's public safety radio system will be fully capable of functioning in an
interoperable region -wide shared voice radio system when developed, meeting a national
emergency response and communication goal and priority These radios will also be
consistent with all other new mobile and portable radios being currently used or being
purchased to be used by the Fire and Police Departments in the City as directed by City
Council
Continued on next page
ATTACHED SUPPORTING DOCUMENTS.
Authorized Equipment List — City of Los Angeles Contract #C- 109619
FISCAL IMPACT:
Operating Budget.
Amount Requested,
Account Number:
Project Phase,
Appropriation Required.
None
$168,25000
001 - 300 - 0000- 3735(Revenue)
001 -400- 3255- 8104(Expenditure)
N/A
X Yes _ No
ORIGINATED: DATE:
Kevin S Smith, Interim Fire Chief July 10, 2006
REVIEWE DATE:
Je art, City Manager 5
i tf '
BACKGROUND & DISCUSSION (continued).
The City of El Segundo, in coordination with regional planners, established specific anti-
terrorism goals and objectives, and also established priorities specifically for the acquisition of
essential equipment The items requested in the proposal reflected priorities, which have
been reviewed by the City Manager and approved by the City Council
• (27) Mobile and Handheld Radios for Fire Suppression - $123,660 00
• (12) Mobile Radios for the Urban Search and Rescue unit - $44,560 00
Total $168,220 00
The purchase will be made through Motorola, the City's designated radio vendor using the
County of Los Angeles bid pricing The equipment awarded will improve the City's
communication capability and readiness to respond to chemical, biological and other hazards
at emergency incidents and is a continuation of the terrorism grant funding being sought for
the past 4 years under the DHS terrorism readiness programs
In accordance with the City Council Policy regarding grant submissions
1. The Federal Department of Homeland Security, under the Office for Domestic
Preparedness (ODP), administers the grant programs
2, The total amount being requested is $168,220 00
3. Matching Funds Cost -Share — n/a
4 Source of Matching Funds Cost Share n/a
5 The grant does not provide up front funding Municipalities encumber the approved
funds and are reimbursed by the State of California in approximately 60 days
6 Conditions required under this grant
a Establish that an Equal Employment Opportunity Plan (EEOP) be in place
prior to spending grant funding beyond $25,000 00 in any single year
b All equipment purchased under the grant funding, if awarded, is required to
be maintained in accordance with the City's capital equipment replacement
standards
c The City of El Segundo must maintain an inventory system for all items
purchased under the Homeland Security grant programs
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EL SEGUNDO CITY COUNCIL
AGENDA ITEM STATEMENT
MEETING DATE: July 18, 2006
AGENDA HEADING: Consent
AGENDA DESCRIPTION:
Consideration and possible action regarding the award of a contractto Shaw Industries Inc for
re- carpeting the Youth Services Division and the Matsui Meeting Room at the El Segundo
Public Library Carpet selection will match the library's main floor carpeting style which was
installed in 2005, during the new meeting rooms and remodeling protect
(Fiscal Impact = $35,000)
RECOMMENDED COUNCIL ACTION.
Recommendation — (1) Award a contract to Shaw Industries, Inc in the amount of $35,000 by
piggybacking onto State of California Contract # 4- 97- 72 -0008A with Shaw Industries, Inc. for
the replacement of carpeting at the El Segundo Library, (2) Authorize the City Manager to
execute the contract in a form as approved by the City Attorney; and (3) Alternatively, discuss
and take other action related to this item
BACKGROUND & DISCUSSION:
In January 2005, new carpeting was installed on the Library's main floor in the public and staff
office areas to coincide with the opening of the new meeting rooms Staff is now requesting to
complete re- carpeting of the downstairs areas of the Youth Services Division and the Matsui
Meeting Room The existing carpet in those areas is now 14 years old and has become badly
worn from the daily use of children's activities, programs, community meetings, and water
damage from flooding
Staff recommends that Public Works maintenance funds and Library Developer Fees be used
at this time to finish re- carpeting the remaining areas of the library
The State contract with Shaw Industries, Inc was secured through a competitive bid process
and Cities can piggyback onto the contract to take advantage of the competitive pricing
provided
ATTACHED SUPPORTING DOCUMENTS
None
FISCAL IMPACT
Operation Budget $30,000
Amount Requested $35,000
Account Numbers- 001. 253 - 0000 -1253, 405 -400- 0000 -6215
Project Phase- Award of contract
of Public Works
& Cable Services
16
i8�
EL SEGUNDO CITY COUNCIL MEETING DATE: July 18, 2006
AGENDA ITEM STATEMENT AGENDA HEADING. New Business
AGENDA DESCRIPTION:
Consideration and possible action regarding the adoption of a Resolution establishing Utility
Service Priority Regulations pursuant to Government Code § 65589 7 giving affordable
/ access to existing sewer capacity and water
COUNCIL ACTION:
1 Adopt a Resolution establishing the Utility Service Priority Regulations in accordance with
Government Code § 65589.7,
2 Alternativelv discuss and take other action related to this item
Government Code § 65589 7 [as amended by SB 1087(attached) in 2005] requires public
agencies to adopt a written policy that gives development projects with an affordable housing
component priority access to existing water supplies and sewer capacity The law generally
limits the City's ability to deny or limit such services on the sole basis that a development
project has an affordable housing component This policy should have been adopted before
July 1, 2006 and must be updated every five years afterward
The proposed policy would require the City to give priority to development projects with
affordable housing when there are competing development projects seeking utility services
from a system with limited wastewater capacity or water supply.
The City completed a sewer master plan in 2002 and recently adopted an Urban Water
Management Plan Staff can rely upon these plans when Implementing the proposed Policy
There is no Immediate need for additional engineering studies
ATTACHED SUPPORTING DOCUMENTS:
A Proposed Draft Resolution
B Policies and Procedures — Utility Services Priority Regulations
C Senate Bill No 1087
FISCAL IMPACT
Operating Budget-
N/A
Amount Requested
NIA
Account Number-
NIA
Project Phase
NIA
Appropriation Required
No
BY.� DATE:
Steve Finton, Director of Public Works
REVIEWED DATE: 7/11/06
Jeff Ity Manager
i D
RESOLUTION NO.
A RESOLUTION ADOPTED IN ACCORDANCE WITH GOVERNMENT
CODE § 65589.7(B) TO ESTABLISH POLICIES AND PROCEDURES
GIVING PRIORITY WATER AND WASTEWATER SERVICES TO
PROPOSED DEVELOPMENTS THAT INCLUDE HOUSING UNITS
AFFORDABLE TO LOWER INCOME HOUSEHOLDS.
The City Council of the city of El Segundo resolves as follows
SECTION 1 The City Council finds as follows
A. The City is committed to providing potable water and wastewater
collection, treatment, and disposal services (collectively, "utility services ")
to all persons within its jurisdiction in compliance with all applicable laws,
B Government Code § 65589 7 requires the City to adopt a written policy
that, among other things, provides the following
1 Gives priority utility services to proposed housing developments
that help meet the regional need for lower income housing, and
2 Except in limited circumstances, prevents the City from denying or
limiting a request for utility services solely because a proposed
development includes affordable housing components.
SECTION 2 The policies and procedures set forth in attached Exhibit "A," which is
incorporated by reference, are adopted as the City's policies in compliance with
Government Code § 65589 7 ( "Utility Service Priority Regulations ")
SECTION 3 The City Manager, or designee, is authorized to implement this Resolution
and to adopt such administrative policies and procedures needed to fulfill the purpose of
this Resolution
SECTION 4• At least once every five years from July 1, 2006, the City Manager, or
designee, will review the Utility Service Priority Regulations and recommend any
amendments to the City Council in compliance with Government Code § 65589 7
SECTION 5 This Resolution will become effective immediately upon adoption
-I-
97
PASSED AND ADOPTED this _ day of 2006
Attest.
Cindy Mortesen, City
Approved as to
MARK D HEN
LIM
Berger, Assloant City Attorney
IPA
Kelly McDowell,
Mayor
.c�O
POLICIES AND PROCEDURES - Exhibit A
Lilllllililll`Ni*z,TK43a1.`" zKol OU llll` a01419)ILINVION[.
I. Purpose
This Policy and Procedure ( "Policy") is adopted in accordance with Government Code § 65589 7
for the purpose of establishing objective criteria for prioritizing potable water and wastewater
services to proposed projects with an affordable housing component
II. Applicability
This Policy applies to applications for development projects filed with the City in accordance
with applicable law seeking land use approvals and which require utility services In the event of
any conflict between this Policy and Government Code § 65589.7, including any amendments,
the provisions of Government Code § 65589.7 will apply
III. Definitions
Unless the contrary is stated or clearly appears from the context, the following definitions govern
the construction of the words and phrases used in this Policy Words and phrases not given a
meaning by this Policy have the meaning set forth in Government Code § 65589.7
"Affordable housing" means those residential dwelling units sold or rented to
lower income households (as defined in Health and Safety Code § 50079 5) at an
affordable housing cost (as defined by Health and Safety Code § 50052 5) or
affordable rent (as defined in Health and Safety Code § 50053) proposed in a
development project
"Development project" means any construction proposal that includes residential
dwelling units and requires utility services
"Land use approvals" means City ministerial or discretionary approvals required for
constructing development projects in accordance with applicable law
"SSMC" means the El Segundo Municipal Code
"UWMP" means the City's urban water management plan as updated in
accordance with applicable law At the time this Policy is established, the most
recent UWMP was adopted by the City Council on El Segundo_
"Utility services" means services provided by the City to residential dwelling
units for delivering potable water or collecting, treating, and disposing
wastewater
Page 1 of 4
N \Util Sery Pnonty \UnLty Service Priority ES Policy doc
POLICIES AND PROCEDURES - Exhibit A
UTILITY SERVICES PRIORITY REGULATIONS
"WSA" means a water supply assessment as required for development projects
proposing 500 or more residential dwelling units as set forth in Government Code
§ 66473(b)(1) and Water Code § 10911(c)
IV. General Policy
To the extent practical, the City will provide utility services that:
A Has sufficient capacity to accommodate the protected development anticipated by
the El Segundo General Plan,
B. Provides all existing or future development with utility services in the most
economical, practical, and environmentally sensitive manner feasible For
example, and without limitation, collecting wastewater with gravity sewers is
preferred over pumping systems in order to mitigate the financial and
environmental impact on the community
V. Utility services — Excess Capacity or Supply
Should the City have excess capacity for wastewater utility services or sufficient supply (as
determined by the UWMP or, if applicable, a WSA) for potable water utility services, then the
City may consider whether to provide utility services for development projects without regard to
affordable housing. Under such circumstances, the City may provide utility services to
development projects in accordance with applicable law including, without limitation, the
ESMC
VI. Utility services — Limited Capacity or Supply
Except as otherwise provided, should the City have limited capacity for wastewater utility
services or insufficient supply (as determined by the UWMP or, if applicable, a WSA) for
potable water utility services, then the City must give priority to development projects with
affordable housing when considering whether to provide utility services in accordance with
Government Code § 65589.7
VII. Denial of Utility services
The City cannot deny, condition, or offer reduced utility services to, an application for utility
services for a development project that includes affordable housing unless the City Council
makes written findings as follows.
A. As shown by a written engineering analysis and report
Page 2 of 4
N \Uel Se Pn on ty\Utility Smicc Pnonty ES Policy doc
POLICIES AND PROCEDURES - Exhibit A
UTILITY SERVICES PRIORITY REGULATIONS
The City has insufficient treatment or collection capacity to provide
wastewater utility services sufficient to serve the needs of a development
project with affordable housing, or
2 The City has an insufficient supply of potable water to provide water
utility services sufficient to serve the needs of a development project with
affordable housing.
B The City must comply with orders issued by a regulatory agency, such as the
Regional Water Quality Control District, that prohibits new potable or wastewater
connections, or
C The development project applicant failed to agree to reasonable terms and
conditions related to providing utility services generally applicable to
development projects including, without limitation, paying impact fees in
accordance with the ESMC and applicable law
VIII. Required reports
A At least once every five (5) years after July 1, 2006, the City Manager, or
designee, must prepare a report for the City Council that identifies the following
Available wastewater collection, treatment, and disposal capacity,
Potable water supply, as evidenced through the UWMP or WSA for a
particular development project;
The anticipated demand for utility services by development projects with
affordable housing;
Actions required to accommodate demand if there is adequate capacity or
supply, and
Any changes to this Policy required for implementing the requirements of
Government Code § 65589 7
B The report required by this Section must consider information set forth in the then
existing General Plan; applicable Specific Plans; any master plans for potable or
wastewater infrastructure; the UWMP, and any applicable WSAs
Page 3 of
N \Uel Sm Pnonty\Utility Service Primly ES Policy doc
�Jl
POLICIES AND PROCEDURES - Exhibit A
UTILITY SERVICES PRIORITY REGULATIONS
IX. Limitations of this Policy
This Policy is applicable only to considering whether the City can provide utility services to
development projects Nothing in this Policy constitutes a limitation on the City ability to
otherwise consider whether or not to issue land use approvals for development projects in
accordance with applicable law including, without limitation, to condition approvals for
development projects regarding matters other than providing utility services.
Page 4 of 4
N Wtil Sery Pnonty \Utility Service Pnonty ES Policy doc 1 (,
Senate Bill No. 1087
CHAPTER 727
An act to amend Section 65589 7 of the Government Code, and to add
Section 10631 1 to the Water Code, relating to housing
[Approved by Govemor October 7, 2005 Filed with
Secretary of State October 7, 2005 ]
LEGISLATIVE COUNSEL'S DIGEST
SB 1087, Florez Housing elements services
(1) The Planning and Zoning Law requires each city, county, or city
and county to prepare and adopt a general plan for its Jurisdiction that
contains certain mandatory elements, including a housing element One
part of the housing element is an assessment of housing needs and an
inventory of resources and constraints relevant to meeting those needs
That law also requires that the housing element adopted by the legislative
body of the city, county, or city and county and any amendments made to
that element be delivered to all public agencies or private entities that
provide water services at retail or sewer services within the territory of the
legislative body
The Planning and Zoning Law also requires each public agency or
private entity providing these services to grant a priority for the provision
of available and future resources or services to proposed housing
developments that help meet the legislative body's share of the regional
housing need for lower income households as identified in the housing
element and any amendments to the housing element
This bill would require that the adopted housing element and any
amendments be delivered Immediately to all public agencies or private
entities that provide water or sewer services, as specified, would apply
these provisions to proposed developments that Include housing units
affordable to lower Income households, and would require, on or before
July 1, 2006, that these public agencies or private entities adopt written
policies and procedures, and at least once every 5 years thereafter, with
specific objective standards for provision of these services in conformance
with these provisions The bill would also require the Public Utilities
Commission to adopt written policies and procedures for use by private
water and sewer companies regulated by the commission in a manner
consistent with these provisions By increasing the duties of local public
officials, the bill would Impose a state - mandated local program
This bill would also provide that a provider of water or sewer services
may not deny or condition the approval of an application for services, or
reduce the amount of the services applied for, if the proposed development
includes housing affordable to lower income households, except upon
making specified findings
89
Ch. 727 —2—
The bill would make these provisions applicable to charter cities
(2) The Urban Water Management Planning Act requires urban water
suppliers to prepare and adopt urban water management plans for
submission to the Department of Water Resources, which identify and
quantify the existing and planned sources of water available to the water
supplier's service area based on specified factors
This bill would also require that the water use projections required by
these provisions include the projected water use for single -family and
multifamily residential housing for lower income households as identified
in the housing element of any city, county, or city and county in the
service area of the supplier
(3) The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the state
Statutory provisions establish procedures for making that reimbursement
This bill would provide that with regard to certain mandates no
reimbursement is required by this act for a specified reason
With regard to any other mandates, this bill would provide that, if the
Commission on State Mandates determines that the bill contains costs so
mandated by the state, reimbursement for those costs shall be made
pursuant to the statutory provisions noted above
The people of the State of California do enact as follows
SECTION 1 Section 65589 7 of the Government Code is amended to
read
65589 7 (a) The housing element adopted by the legislative body and
any amendments made to that element shall be immediately delivered to
all public agencies or private entities that provide water or sewer services
for municipal and industrial uses, including residential, within the territory
of the legislative body Each public agency or private entity providing
water or sewer services shall grant a priority for the provision of these
services to proposed developments that include housing units affordable to
lower income households
(b) A public agency or private entity providing water or sewer services
shall adopt written policies and procedures, not later than July 1, 2006, and
at least once every five years thereafter, with specific objective standards
for provision of services in conformance with this section For private
water and sewer companies regulated by the Public Utilities Commission,
the commission shall adopt written policies and procedures for use by
those companies in a manner consistent with this section The policies and
procedures shall take into account all of the following
(1) Regulations and restrictions adopted pursuant to Chapter 3
(commencing with Section 350) of Division 1 of the Water Code, relating
to water shortage emergencies
(2) The availability of water supplies as determined by the public
agency or private entity pursuant to an urban water management plan
89
1 1
_ 3 _ Ch. 727
adopted pursuant to Part 2 6 (commencing with Section 10610) of
Division 6 of the Water Code
(3) plans, documents, and information relied upon by the public agency
or private entity that is not an "urban water supplier," as defined in Section
10617 of the Water Code, or that provides sewer service, that provide a
reasonable basis for making service determinations vtdes water or sewer
(c) A public agency or private entity royal id an application for
services shall not deny or condition the app application
services to, or reduce the amount of services applied for by, a proposed
development that includes housing units affordable to c fie
households unless the public agency or private entity makes spe
written findings that the denial, condition, or reduction is necessary due to
the existence of one or more of the following
(1) The public agency or Private i
have "sufficient water supply," as in paragraph (2) of subdivision
(a) of Section 66473 7, or is operating under a water shortage emergency
as
waterftreat min e
nt ori don s
t bahon capacity, Co ode, or does not have sufficient serve the needs of the proposed
development, as demonstrated by a written engineering analysis and
report providing water service is
(2) The public agency or private entity P
subject to a compliance order issued by the State Department of Health
Services that prohibits new water connections
ovtdm sewer service does not
(3) The public agency or private entity providing
written engineering analysis lysis and report on the condition of the treatment or
collection works, to serve the needs of the proposed development
(4) The public agency or private entity providing sewer service is under
an order issued by a regional water quality control board that prohibits
new sewer connections
(5) The applicant has failed to agree to reasonable terms and conditions
relating to the provision of service generally applicable to dove opment
ry
projects seeking se
ice from the public agency or p entity,
al
including, but not limned requirements of ncharge� imposed pursuantrto
laws and regulations or pay m ent of
Section 66013
(d) The following definitions apply for purposes of this section
(1) "Proposed developments that include housing units affordable to
lower income households" means that dwelling units shall be sold or
rented to tower income households, as defined in Section 50079 5 of the in
Health and Safety
Section 500525of he Code, affordable l
ealth and safety Code housing an affordable rent, as
defined in Section 50053 of the Health and Safety Code
(2) "Water or sewer services" means supplying service through a pipe
or other constructed conveyance for a residential purpose, and does not
include the sale of water for human consumption by a water supplier to
another water supplier for resale As used in this section, "water service"
89
-4—
oz private entity applies only to water
Ch. 7x7 ncmg
agency ect to Chapter 4 (G0 d Safety
provided by a
public
bhc wa ter systems subs of the Health an
supplied {loin 16275) of Part 12 of Division 104 e ealstulg
with Section a no ndamd ptsng a housing
to neither enlarg adopting legislative
Cc) This section is Intel' dor city and county I d by legislative
of a city, ousmg element adou he agency or private
authority that element to a P
element Failure to delude to ubltc agency or
body ox amendments o ro et nor exempt al The special districts
entity pTpvid di water or sewer services shall neither invalidate as defined
roval of a developmatuans u der this section meat,
or app from the obligations to develop
private entity are acluded within this section
rovide water or sewer services relat that this section shall be
which p e of Section 564nd declares because the
m subdivision O e finds including charter cities, f vital
(fl The Legislature counties, is a matter o
applicable to all cities an Of affordable housing
Legislature all
that the lack the W atex Code, to read 10631
ortance required by Section
SEC x o
statewide imP ro ecnona re9 Section m11
Section use Is P J le- family andas defined m
10631 1 (a) ro ected water use for sing households'
needed for lower incomeCode as identified in the
shay Inc lud ousing eaIth and Safety m the service area
residential h74 5 of the H or city and county
Section ���nenl of any city' County, ro ected
housing tier for lower
Of the supplier islatute that dreesident al housing with the
(b) It is the intent of the an mulufamdy eomPMYmg rant a
le family a supplier in ant Code m g
water use for sing wdl assist 7 of the Governor
Income households 65589 amts affordable to lower
requirement under Section that Sections 65104 and
priority for the provision of service to housing
The Legislature finds and declares encies with aothonty to
income households rovide local ag
SEC 3 or level of service mandated by
6b014 of the G°Vemment Code p
a for the program ursuant to Section
levy fees sufficient to pay aired by this act P a local agency or act this 4 No reimbursement is
required charges, fees, °r
the authority to levy ar level of service in
6 of Article XIIIB of the California Constimtron service ent Code
for the PT0911L is act
school district has vesthatth
assessments sufficient to pay of Section Mandates determVe local
by this act, within the meaning on Sate Mandates to
However, if the Comm ursuant of athe
costs in by the 4 of Title 2
contains other 17500) of Division
agencies and school districts for those costs shall be made p
7 (commencing with Section
merit Code
Govern
O
99
1 t1 t)
EL SEGUNDO CITY COUNCIL MEETING DATE: July 18, 2006
AGENDA ITEM STATEMENT AGENDA HEADING New Business
AGENDA DESCRIPTION:
Consideration and possible action regarding funding for the development of capital protects
(fire station and athletic fields) on approximately six acres located on the northeast corner of
Mariposa Avenue and Nash Street (Fiscal Impact $9,800,000 estimated)
RECOMMENDED COUNCIL ACTION.
1) Provide direction to staff regarding allocation of funds for construction of a new fire station
and athletic fields at the northeast corner of Mariposa Avenue and Nash Street, 2) direct staff
regarding the appropriate designation of approximately $9,800,000 in funding from account
numbers 001 -400- 8202 -8490 ($59 million — Community Center, 302 - 400 - 8202 -8998
($300,000 — Soccer Fields), and 301 - 400 - 8207 -8645 ($2 6 million — Fire Station #2), 3)
Alternatively, discuss and take other action related to this item
BACKGROUND & DISCUSSION,
The City is expected to take possession of approximately 6 acres located at the northeast
corner of Mariposa Avenue and Nash Street Approximately five acres is anticipated to be
purchased by the City pursuant to a development agreement between the City and Thomas
Properties Group (TPG) and an additional acre is being donated to the City by TPG under the
terms of the same agreement From the outset of this protect, the City has planned to develop
soccer fields on the five -acre site and construct a new fire station on the adjacent one -acre
site
The City has been setting aside funds for both projects over the past several years, but there
has been no specific request from staff for Council direction or action taken with regard to the
expenditure of funds for these improvements Accordingly, staff is seeking to earmark funds to
the two projects and requesting the City Council to provide direction regarding the allocation of
funds
(Please see attached pages marked "Background and Discussion ")
ATTACHED SUPPORTING DOCUMENTS
None
FISCAL IMPACT: $9,800,000 estimated
Operating Budget $9,800,000
Amount Requested $9,800,000
Account Number 001 -400- 8202 -8490; 302 -400- 8202 -8998, 301 -400- 8207 -8645
Project Phase:
Appropriation Required: _Yes X No
ORIGINAT . DATE. July 13, 2UU6
Jeff Cit Manager
is
197
Background and Discussion (con't):
Staff has identified approximately $9 8 million in existing funds that are generally viewed as the
most appropriate fiscal resources available for the construction of the two projects Following
is a brief summary of those available funding sources
Community Center $5 9 million
Soccer Field $300,000
Fire Station Capital Improvement $2 6 million
Estimated land value - Fire Station #2 site $1 million
To move forward with the development of the fire station and soccer field projects, 1t would be
appropriate to allocate these funds to the two projects
Estimated Costs of New Fire Station
Staff has not completed design on a new fire station slated to replace the existing Fire Station
#2 However, substantial work has been completed on a "concept design " Staff has been
examining the concept design for a two -story fire station that would be approximately 14,200
square feet in size However, recent trends of increasing construction costs may force the City
to reconsider its priorities with regard to anew fire station facility A conservative estimate for
construction cost is $400 /square foot Under the current concept design, construction costs
would be approximately $5 68 million Also, the Fire Department estimates that an additional
$22 million will be needed to provide equipment, furniture, and on -site and off -site
improvements for the new station Obviously, these are estimates and are subject to
modification However, it does lead to a preliminary cost estimate of $7 88 million to construct
and outfit a new fire station
It should be noted that, the Interim Fire Chief, Administrative Battalion Chief and City Manager
recently toured a fire station in another jurisdiction that was approximately 11,500 square feet
in size It is possible that a station of that approximate size could serve the City's and Fire
Department's needs adequately Costs related to construction and outfitting an 11,500 square
foot facility are estimated at $4 6 million, plus $2 2 million in outfitting costs for an estimated
total of $6 6 million
The Council should note additionally that the construction cost estimate of $400 /square foot is
conservative The Public Works Director is surveying surrounding agencies and finding that
they anticipate, in some cases, that construction costs may exceed $550 /square foot In sum,
there is no accurate way to measure such costs when anticipated construction may be many
months away
Estimated Costs of Athletic Fields
A City Council appointed Athletic Fields Task Force has been working closelywith a consulting
design firm on the appropriate development of soccerfields proposed forthe approximately 5-
acre site on the northeast corner of Mariposa Avenue and Nash Street That item will be
discussed, as well, at the July 18 City Council meeting under a separate agenda item The
Public Works Director's estimated construction costs for the field configuration recommended
by the Task Force is $4 389 million, including a 10% contingency However, there are a
number of options that could reduce the ultimate construction costs for that facility It should
be noted as well that that the concerns stated above with regard to rising construction costs
�J8
Background and Construction (con't):
would similarly apply to this project
Staff is seeking direction from the City Council on the following items First allocation of the
total budget for both projects Second, an approximate target amount for construction of the
fire station and soccer field facilities, and, third, authorization to begin design on both facilities
based on those amounts
EL SEGUNDO CITY COUNCIL MEETING DATE: July 16, 2006
AGENDA ITEM STATEMENT AGENDA HEADING- New Business
AGENDA DESCRIPTION:
Consideration and possible action regarding a presentation from RJM Design Group related to
the construction of an athletic facility at the northeast corner of Mariposa Avenue and Nash
Street and recommendations from the Recreation and Parks Commission relative to the
athletic facility
RECOMMENDED COUNCIL ACTION:
Recommendation — (1) Receive and file presentation by RJM Design Group, (2) Consider
recommendations of the Recreation and Parks Commission and provide Council direction to
staff regarding further development of the athletic facility, and (3) Alternatively, discuss and
take other action related to this item
BACKGROUND & DISCUSSION:
The City is expected to take possession of a five -acre parcel at the northeast corner of the
intersection of Mariposa Avenue and Nash Street for development of an athletic facility
On February 7, 2006, City Council entered into an agreement with RJM Design Group for
design of the facility The Athletic Fields Task Force, composed of residents, City
Councilmember Eric Busch, City staff and members of the soccer community, was established
to determine the desired components of the athletic facility The Task Force and RJM met on
several occasions and developed a list of desired facility elements The following features
were recommended by the Recreation and Parks Commission as being the most desired
1 Perimeter fencing (tubular steel)
2 Field lighting to permit night -time sports activities
3 Restrooms
4 Synthetic Grass
5 Maintenance building
6 Full size soccer fields
7 Tot play area
(Background and Discussion continued on next page)
ATTACHED SUPPORTING DOCUMENTS:
Design concept drawings
FISCAL IMPACT:
Operating Budget:
N/A
Amount Requested:
N/A
Account Number,
N/A
Project Phase. N/A
Appropriation Required: Not at this time
Director of Public Works
DATE:
DA
19
• -UU
BACKGROUND & DISCUSSION: (continued)
Current Design Features
RJM took the direction from the task force and has completed 50% design drawings and
estimates which include all features developed by the Task Force and recommended by
the Recreation and Parks Commission as follows
Estimated Cost of Recommended Features
Feature
Gradin , Drainage, Sewer, water ad
Estimated Cost
$555,000
Synthetic Grass
$1,460,000
Irrigation
$70,000
Tubular Steel Fencing
$165,000
Lighting
$325,000
Restroom/ Concession Building w/ vapor barrier
$450,000
On -site sidewalks and mow stns
$190,000
Amenities - tables, benches, drinking fountains, shade structure,
trash receptacles
$130,000
Raised central plaza
$195,000
Enhanced entry ate
$120,000
Tot play area
$95,000
Non-grass landscaping
$235,000
Subtotal
10% contingency
Grand Total
$3,990,000
$399,000
$4,389,000
Project Options to Save Costs
Upon seeing the above estimate, staff set out to identify ways to save costs To do so, staff
identified the least expensive, but functional facility configuration then looked at features to
add to enhance the facility It is recommended that Council review the project features below
and determine which to include in the project
Project Features Cost*
Minimum Project
The lowest cost facility would consist of a simple irrigated
1 grass field with a chain link perimeter fence The turf in this $1,100,000
configuration would be the least durable and the field would
require significant rest and recuperation periods after periods
of use
Add field lighting
2 Add pole mounted athletic field lighting to permit activities at +$325,000
night
2-01
3
Add restroom/ concession building with vapor barrier
+$450,000
Add 6" sand bedding and subdrains under grass
4
Sand bedding would increase the durability of the grass and
+$355,000
permit more play -time
Add on-site sidewalks, curbing and mow strips
5
Concrete walkways would reduce turf wear in high traffic
+$190,000
areas and mow strips would facilitate maintenance
6
Add amenities such as tables, benches, drinking
+$130,000
fountains, shade structure, trash receptacles
7
Add non -grass landscaping around perimeter of site
+$235,000
Add synthetic grass
Durability of synthetic turf eliminates down time required to
8
allow natural grass to recover from periods of heavy use
+$1,060,000
With no mowing required, maintenance costs are also
reduced
Add raised central plaza
g
This platform would raise the elevation of the restroom/
+$195,000
concession building and provide several concrete terraces to
facilitate seating and viewing of athletic events
Add enhanced entry gate
10
This item would add architectural gates and masonry at the
+$120,000
entrance to provide a more architecturally significant entrance
Add tot play area
11
The play area would consist of play equipment on a
+$95,000
rubberized surface
12
Add tubular steel perimeter fencing in lieu of chain link
+$90,000
* It is recommended that a 10% contingency be added to account for additional work
required during construction
Schedule
Upon receiving Council direction on the final project scope, staff will direct the consultant to
complete the plans and specifications, Upon completion of the plans, staff will request Council
approval of the plans and permission to solicit construction bids It is estimated that the
project could be out to bid in November 2006 with construction commencing in February 2007
If natural turf is selected, it is optimal that the planting take place during the spring /summer
growing season
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EL SEGUNDO CITY COUNCIL
AGENDA ITEM STATEMENT
MEETING DATE: July 18, 2006
AGENDA HEADING: New Business
Consideration and possible action regarding the authorization for the Police Department to
purchase a Mobile Mutual Aid Emergency Response Vehicle for use by Area G law
enforcement agencies utilizing Federal Homeland Security Grant Funds (Fiscal Impact.
(1) Pursuant to El Segundo City Code Sec. 1 -7 -10, waive the bidding process based
upon sole source vendor, Universal Specialty Vehicles, Inc. (USV), for a Mobile
Mutual Aid Emergency Response Vehicle from the FY 2005 Urban Area Security
Initiative (UASI) funds awarded to the El Segundo Police Department.
(2) Authorize the City Manager to execute a Professional Services Agreement approved
by the City Attorney with USV.
(3) Alternatively, discuss and take other action related to this item.
BACKGROUND & DISCUSSION:
On February 21, 2006, the City Council approved the acceptance of $235,000 from the
Department of Homeland Security (DHS), UASI grant program, FY 2005, to purchase a Mobile
Mutual Aid Response Vehicle (MMARV) for use by police department and all Area G law
enforcement agencies.
On September 6, 2005, the City Council approved the acceptance of $96,990 from State
Homeland Security Grant Program (SHSGP) Portions of these funds were utilized to purchase
radios for installation in the MMARV Those radios have been purchased and are available for
installation in the vehicle.
Continued on next page
ATTACHED SUPPORTING DOCUMENTS:
1 Attachment A (Sales Agreement).
FISCAL IMPACT:
Operating Budget:
Amount Requested:
Account Number:
Project Phase:
$235,000
$235,000
001- 400 - 3101 -8106
Yes No
ORI"ATED BY: DATE: July 11, 2006
U
BACKGROUND & DISCUSSION (continued)
In the 2006 UASI grant the El Segundo Police Department is scheduled to receive $25,000 for
the MMARV. If these funds are not approved, up to $25,000 in equipment options will be
removed from the vehicle.
The UASI Grants are provided on a 100% federal share formula; the Grant reimbursing the
City of El Segundo for actual expenditures related to the pre- approved purchased of the
MMARV.
On February 21, 2006, the Police Department received authorization from City Council to
purchase a MMARV utilizing federal Homeland Security Grant Funds The MMARV is
designed to be an integrated mobile law enforcement vehicle to address response, command,
control, and logistical issues in terrorism response. This vehicle would centralize all resources
and provide a much need resource to the Area G region.
The MMARV will house biological and chemical personal protection equipment for Area G law
enforcement personnel and provide a mobile interoperability radio bridge. This radio bridge
will allow seamless communication with other law enforcement agencies (local, county, state
and federal), fire departments, school districts, commercial /industrial facilities, etc , during
tactical deployment
Three other mutual aid areas within Los Angeles County (Area C, Alhambra PD, Area D, La
Verne PD; Area E, Whittier PD) have also received federal UASI grant funds to purchase
MMARVs Over the past year representatives from the four mutual aid areas have met on a
regular basis to discuss and design the MMARVs. All four vehicles will be exact in design to
enhance and improve mutual aid cooperation throughout LA County.
Recently, the City of Alhambra entered into an agreement with Universal Specialty Vehicles
(USV) to purchase a MMARV. Through a "piggy- back" arrangement, USV is offering the same
agreement to the City of El Segundo as well as the Cities of La Verne and Whittier. USV can
build all four MMARVs during the same time period.
Based on these factors, the El Segundo Police Department is requesting a sole source
purchase form USV
The terms of the agreement include an initial down payment of $58,953, an additional payment
of $58,953 is due at the halfway point of construction, and the remaining balance of $137,094
is due upon inspection and acceptance of the finished product by the City of El Segundo The
delivery date is estimated to anywhere from 120 -240 days after receipt of the down payment
and acquisition of the chassis by Universal Specialty Vehicle, Inc
It is recommended that the City contribute $1,500 a year to the Area G fund to support the
replacement of the vehicle and the mobile interoperability radio bridge The vehicle has an
estimated life of 25 years, the radio equipment has an estimated life of 8 years An agreement
between the Area G police chiefs to fund the replacement of the vehicle and electronic
equipment has been discussed and agreed to in principal.
20 7
BACKGROUND AND DISCUSSION (continued)
Conditions required under this grant
1) All equipment purchased under the grant funding is required to be maintained
and replaced under the City's capital equipment replacement standards
2) The City of El Segundo must maintain an inventory system for all items
purchased under DHS grant programs
3) The City is required to certify that all equipment purchased can only supplement
on -going or future programs. Supplement is defined as "funds will be used to
supplement existing funds and will not replace (supplant) funds that have been
appropriated for the same purpose"
2 u8
ATTACHMENT ONE
ZFNN
��ss.i s�aun s�aES, we.
SALES AGREEMENT
THIS SALES AGREEMENT, (hereinafter referred to as the "Agreement "), is made and
entered into this 6th day of July, 2006, by and between Universal Specialty Vehicles,
Inc , ( "USV ") a California corporation with headquarters located at 19052 Harvill
Avenue, Perris, California 92570, and the City of El Segundo (" El Segundo ") located at
350 Main Street, El Segundo, California 90245 ( "Purchaser ").
1 OBLIGATION TO PURCHASE AND SCOPE OF SERVICES. The Purchaser
hereby agrees to purchase (1) one Mobile Mutual Aid Emergency Response Vehicle (the
"Command Post ") for the sum of Two Hundred Fifty -five Thousand and .00 /100 dollars
($ 255,000.00) This obligation to purchase shall be referred to herein as the "Order."
USV shall manufacture the Command Post in accordance with the plans and
specifications set forth in Attachment A of this agreement which were prepared by the
Purchaser and for which the Purchaser is entirely responsible USV disclaims any intent
to warrant the merchantability or fitness for particular purpose or use of the Command
Post and disclaims warranties of merchantability and all other warranties except as
specifically set forth in Exhibit B hereto.
2. DELIVERY. The Mobile Mutual Aid Emergency Response Vehicle will be deemed
received by the Purchaser when delivered to the City of El Segundo Police Department,
348 Main Street, El Segundo California, 90245. Delivery costs have been determined
and are included in the purchase price The estimated date of delivery is 120 -240 days
after receipt of the deposit under this agreement and acquisition of the chassis
3 PAYMENT. Purchaser shall make an initial 25% down payment of $58,953.00 due
in cash upon execution of this agreement. Any check should be made payable to
"Universal Specialty Vehicles, Inc " An additional 25% down payment of $58,953 00
will be due upon halfway construction of the vehicle. The remaining balance of
$137,094 00 (includes sales tax) is due upon completion after Purchaser has inspected
and reasonable accepted the Command Post. Such inspection shall take place at USV's
manufacturing location. California sales tax, if applicable, is the responsibility of USV. In
the event that Purchaser fails to timely or reasonable accept delivery of the Command
09
Post, interest shall accrue at the rate of 12 per cent per annum on any unpaid balance of
the purchase price stated above
4 WARRANTY. USV warrants the Command Post in accordance with Attachment B
to this agreement Except as expressly set forth in such warranty, USV disclaims any
other representation or warranty regarding the Command Post.
5. CHANGE ORDERS In the event Purchaser desires prior to delivery to make
changes in the specifications for the Command Post, the Purchaser shall notify USV of
the proposed changes and a proposed amount that Purchaser proposes to pay for such
changes. If such changes are acceptable to USV, then USV shall prepare an amendment
to this agreement providing for such changes and the increased amount If the changes
are not acceptable to USV, then the parties shall meet and confer to resolve such issue.
6 TERMINATION Purchaser may terminate this agreement at any time upon written
notice to USV; provided, however, that USV shall have no obligation to refund any
amounts paid by Purchaser hereunder and Purchaser shall continue to be responsible for
reimbursing USV for the value of any (a) work performed by USV and (b) materials
relating to the Command Post that have previously been ordered by USV. Upon payment
of such further amounts, Purchaser shall be released from its obligations under this
agreement.
7 TITLE AND REGISTRATION Title to the Command Post shall remain in USV
under acceptance and final payment by Purchaser. All Department of Motor Vehicle
documentation will be processed by USV and the appropriate documents sent to the City
of El Segundo for appropriate signature. Temporary title will be issued under permanent
title is received by USV and sent to the City of El Segundo Purchaser shall pay in
advance for the costs of registration
8. MISCELLANEOUS PROVISIONS.
(a) Notices Any notice required or contemplated hereunder shall be in writing
and shall be effective upon personal delivery or five days after deposit in the United
States mail, registered or certified, return receipt requested, addressed as set forth below
or to such other addresses as may be specified in like manner
(b) Attorneys Fees. If either Party brings an action or files a proceeding in
connection with the enforcement of its respective rights or as a consequence of any
breach by the other Party of its obligations hereunder, then the prevailing Party in such
action or proceeding is entitled to have its reasonable attorneys' fees and out -of- pocket
expenditures paid by the losing Party The "prevailing Party" in such action or
proceeding is the Party that obtains substantially the relief it was seeking in such action
or proceeding, as determined by the court.
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(c) Dispute Resolution The parties agree that disputes will be submitted to
neutral non - binding (except as provided herein) arbitration The exclusive venue for any
arbitration is Los Angeles County. The expenses and fees of the arbitrators and the
administrative fees, if any, will be divided among the parties equally Each party will pay
its own counsel fees, witness fees, and other expenses incurred for its own benefit The
decision rendered by the arbitrator will become binding upon the parties unless appealed
to the Los Angeles County Superior Court within 30 days of the decision. If subsequent
litigation results in an award to the party appealing the arbitration that is less than or
equal to that of the arbitration decision, or if the litigation results in a decision in favor of
the nonappealing party, then the party appealing the arbitration will pay the nonappealmg
party's attorney's fees and court costs.
(d) Entire Agreement. This agreement constitutes the entire agreement between
the parties relating to the subject matter hereof and may not be amended, supplemented
or vaned except in a writing executed by the party to be bound.
IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the date
first set forth above.
CITY OF El SEGUNDO
By
I�(ZiL�i
Title
Address for Notices
UNIVERSAL SPECIALTY VEHICLES, INC.
M
Name-
Title.
211
Address for Notices- Universal Specialty Vehicles, Inc.
19054 Harvill Avenue
Pems, Ca. 92570
Ph. (951) 943-7747
Fax(951)943 -7321
www.usvl.com
William F. Capps, Esq.
Jeffer, Mangels, Butler, and Marmaro
1900 Avenue of the Stars
Los Angeles, Ca. 90067
Ph (310) 201 -3513