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2006 MAR 21 CC PACKETAGENDA EL SEGUNDO CITY COUNCIL COUNCIL CHAMBERS - 350 Main Street The City Council, with certain statutory exceptions, can only take action upon properly posted and listed agenda items Unless otherwise noted in the Agenda, the Public can only comment on City- related business that is within the jurisdiction of the City Council and /or items listed on the Agenda during the Public Communications portion of the Meeting During the first Public Communications portion of the Agenda, comments are limited to those items appearing on the Agenda During the second Public Communications portion of the Agenda, comments may be made regarding any matter within the jurisdiction of the City Council Additionally, the Public can comment on any Public Hearing item on the Agenda during the Public Hearing portion of such item The time limit for comments is five (5) minutes per person Before speaking to the City Council, please come to the podium and state Your name and residence and the organization you represent, if desired Please respect the time limits Members of the Public may place items on the second Public Communications portion of the Agenda by submitting a Written Request to the City Clerk or City Manager's Office at least six days prior to the City Council Meeting (by 2 00 p m the prior Tuesday) Other members of the public may comment on these items only during this second Public Communications portion of the Agenda The request must include a brief general description of the business to be transacted or discussed at the meeting Playing of video tapes or use of visual aids may be permitted during meetings if they are submitted to the City Clerk two (2) working days prior to the meeting and they do not exceed five (5) minutes in length In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact City Clerk, 524 -2305. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, MARCH 21, 2006 - 5:00 P.M. Next Resolution # 4461 Next Ordinance # 1393 5:00 P.M. SESSION CALL TO ORDER ROLL CALL APPOINTMENT OF LABOR NEGOTIATOR: 1 Consideration and possible action regarding appointing the City Manager as the City's labor negotiator with regard to negotiating the employment contract between the Police Chief and the City o1)j_ CLOSED SESSION: The City Council may move into a closed session pursuant to applicable law, including the Brown Act (Government Code Section §54960, et sue) for the purposes of conferring with the City's Real Property Negotiator, and /or conferring with the City Attorney on potential and /or existing litigation, and /or discussing matters covered under Government Code Section §54957 (Personnel), and /or confernng with the City's Labor Negotiators, as follows CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Gov't Code §54956 9(a)) — 2 matters 1 City of El Segundo v 2221 Park Place, LASC Case No BC319034 2 City of El Segundo v CTF2, Alaska, LASC Case No BC319033 CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code §54956 9(b) -4- potential cases (no further public statement is required at this time), Initiation of litigation pursuant to Government Code §54956 9(c) -0- matter DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957) — 0 matter CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957 6) -1- matter 1 City Designated Representative City Manager Unrepresented Employee Police Chief CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956 8) -0- matter SPECIAL MATTERS — Council will move to open session at approximately 6 00 p m 1 Interview of candidates for the potential appointment to one position on the Capital Improvement Program Advisory Committee (CIPAC) will be held in the West Conference Room, commencing at approximately 6 00 p m This meeting is open to the public 2 002 AGENDA EL SEGUNDO CITY COUNCIL COUNCIL CHAMBERS - 350 Main Street The City Council, with certain statutory exceptions, can only take action upon properly posted and listed agenda items Unless otherwise noted in the Agenda, the Public can only comment on City- related business that is within the jurisdiction of the City Council and/or items listed on the Agenda during the Public Communications portion of the Meeting During the first Public Communications portion of the Agenda, comments are limited to those items appearing on the Agenda During the second Public Communications portion of the Agenda, comments may be made regarding any matter within the jurisdiction of the City Council Additionally, the Public can comment on any Public Hearing item on the Agenda during the Public Hearing portion of such item The time limit for comments is five (5) minutes per person Before speaking to the City Council, please come to the podium and state Your name and residence and the organization you represent, if desired Please respect the time limits Members of the Public may place items on the second Public Communications portion of the Agenda by submitting a Written Request to the City Clerk or City Manager's Office at least six days prior to the City Council Meeting (by 2 00 p m the prior Tuesday) Other members of the public may comment on these items only during this second Public Communications portion of the Agenda The request must include a brief general description of the business to be transacted or discussed at the meeting Playing of video tapes or use of visual aids may be permitted during meetings if they are submitted to the City Clerk two (2) working days prior to the meeting and they do not exceed five (5) minutes in lenoth In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact City Clerk, 524-2305. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, MARCH 21, 2006 - 7:00 P.M. PLEASE NOTE: The public hearing for the Zone Text Amendment to amend the El Segundo Municipal Code (ESMC) as follows: 1) add a new definition for "food service with incidental retail" uses; 2) allow food services with incidental retail as a permitted use in the Downtown Commercial (C -RS) Zone, Neighborhood Commercial (C -2) Zone, General Commercial (C-3) Zone, and Commercial Center (C-4) Zone and as an accessory use in the Corporate Office (CO) Zone; 3) add a parking ratio for food service with incidental retail; and 4) modify the parking ratio for food -to -go uses, has been canceled due to noticing issue. Next Resolution # 4461 Next Ordinance # 1393 0 3 7:00 P.M. SESSION CALL TO ORDER INVOCATION - Father Jim Anguiano of St Anthony Catholic Church PLEDGE OF ALLEGIANCE - Councilmember Carl Jacobson PRESENTATIONS - ROLL CALL PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit per person, 30 minute limit total) Individuals who have received value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so identify themselves prior to addressing the City Council Failure to do so shall be a misdemeanor and punishable by a fine of $250. While all comments are welcome, the Brown Act does not allow Council to take action on any item not on the agenda The Council will respond to comments after Public Communications is dosed A. PROCEDURAL MOTIONS Consideration of a motion to read all ordinances and resolutions on the Agenda by title Recommendation - Approval. B. SPECIAL ORDERS OF BUSINESS C. UNFINISHED BUSINESS Consideration and possible action regarding a presentation and discussion of changes proposed by the Council R -1 Subcommittee to the El Segundo Municipal Code Title 15 Chapter 4A regarding the development standards for the Single- Recommendation - (1) Receive staff presentation, (2) Receive comments from public regarding proposed changes to the R -1 zone development standards; (3) Direct staff to proceed with the Zoning Code amendments and preparation of environmental review documents; (4) Alternatively, discuss and take other actions related to this item. 4 0 4 2. Consideration and possible action regarding award of contract extensions to The Jones Payne Group for design and testing services and to Wyle Laboratories, Inc. for construction monitoring and oversight services related to the Residential Sound Insulation (RSI) Program. (Fiscal impact: $1,746,659 to The Jones Payne Group. Inc. and $200.100 to Wvle Laboratories. Inc.) Recommendation - (1) Award a contract extension to The Jones Payne Group for Design and Testing Services; (2) Award a contract extension to Wyle Laboratories, Inc. for Construction Monitoring and Oversight Services; (3) Authorize the City Manager to execute the contract extensions; (4) Alternatively, discuss and take other action related to this item. D. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS 3. Consideration and possible action regarding the announcement of the appointment of one candidate to the Capital Improvement Program Advisory Committee (CIPAC). Recommendation - (1) Announce the appointee to the CIPAC, if any, and term of office; (2) Alternatively, discuss and take other action related to this item 4. Consideration and possible action on the Business Committee's recommendation for a new City web page to attract new businesses to El Segundo, in coordination with Shannon David, Inc., consultant for the project. (No current fiscal impact. Total project of $125,000 previously approved on March 15, 2005) Recommendation: (1) Receive and file presentation by staff and Shannon David, Inc.; (2) Alternatively, discuss and take other action related to this item. E. CONSENT AGENDA All items listed are to be adopted by one motion without discussion and passed unanimously ff a call for discussion of an item is made, the item(s) will be considered individually under the next heading of business S. Warrant Numbers 2552267 to 2552475 on Register No. 11 in the total amount of $1,677,740.17 and Wire Transfers from 2124/2006 through 3/09/2006 in the total amount of $655,986.28 Recommendation - Approve Warrant Demand Register and authorize staff to release Ratify Payroll and Employee Benefit checks, checks released early due to contracts or agreement; emergency disbursements and/or adjustments; and wire transfers. 6. City Council Meeting Minutes of March 7, 2006. Recommendation — Approval. 7. Consideration and possible action to retain URS Corporation to perform testing and analysis of soil and gas beneath proposed athletic field and fire station sites located along the north side of Mariposa Avenue between Nash and Douglas Streets (827 N. Douglas Street) to update potential pollution risk assessments. Recommendation — (1) Authorize the City Manager to sign a professional services agreement approved as to form by the City Attorney; (2) Alternatively, discuss and take other action related to this item. 8. Consideration and possible action regarding the award of a contract to Belaire- West Landscape, Inc. for the re- grading and renovation of the Driving Range at the Lakes Golf Course. (Fiscal Impact: $368,760) Recommendation — (1) Award the contract to Belaire — West Landscape, Inc., (2) Authorize the City Manager to execute a public works contract with Belaire -West Landscape, Inc. for $368,760; (3) Alternatively, discuss and take other action related to this item. 9. Consideration and possible action to award a Public Works Contract to Trueline for the surface refurbishment of seven (7) tennis courts and basketball court at Recreation Park (339 Sheldon Street) in the amount of $31,960. Approved Capital Improvement Project — Project No. PW 06-02. (Fiscal Impact: $36,754 - contract and contingency) Recommendation — (1) Authorize the City Manager to execute a Public Works contract with Trueline in the amount of $31,960 to refurbish the tennis and basketball courts at Recreation Park; (2) Alternatively, discuss and take other action related to this item 10. Consideration and possible action to approve a Professional Services Agreement with BOA Architecture in the amount of $31,200 for professional architectural design services for the remodel of the Human Resources office, the relocation of the City Attorney's office, completion of the West Conference Room and new seating and carpeting in the City Council Chambers. (Fiscal Impact: $34,320 — agreement and contingency) Recommendation — (1) Authorize the City Manager to execute a Professional Services Agreement, approved as to form by the City Attorney, with BOA Architecture in the amount of $31,200; (2) Alternatively, discuss and take other action related to this item. 1 • 11. Consideration and possible action to approve the Facility Relocation Agreement with the Los Angeles County Flood Control District for the relocation of a 45" water main and the grant of an easement for the County Waterline in City property in conjunction with the Douglas Street Gap Closure Project. (Fiscal Impact: None) Recommendation — (1) Authorize the City Manager to execute a Facility Relocation Agreement with the Los Angeles Flood Control District; (2) Authorize the City Manager to execute an easement document granting a pipeline easement to the Los Angeles Flood Control District; (3) Alternatively, discuss and take other action related to this item. 12. Consideration and possible action regarding the adoption of a Resolution declaring the City's intent to conduct a public hearing on May 2, 2006 regarding the transfer of a Pipeline Franchise Agreement, Ordinance No. 1255, from Equilon California Pipeline Company LLC to Shell California Pipeline Company LLC and extension of said Pipeline Franchise Agreement for a ten -year period. (Fiscal Impact: $2,715 — annual franchise fee) Recommendation — (1) Adopt a Resolution declaring the City's intent to conduct a public hearing on May 2, 2006 regarding the transfer of a Pipeline Franchise Agreement, Ordinance No. 1255, from Equdon California Pipeline Company LLC to Shell California Pipeline Company LLC and extension of said Pipeline Franchise Agreement for a ten - year period; (2) Alternatively discuss and take other action related to this item. 13. Consideration and possible action on the Police Department utilizing up to $72,000 of existing Citizens Option for Public Safety (COPS) grant funds to operate on an overtime basis, special law enforcement details during the calendar year. Additionally, purchase supplemental fitness equipment for the department gym. (Fiscal Impact: $72,000 from COPS grant fund) Recommendation — (1) Approve the use of COPS grant funds for special law enforcement details and the purchase of gym equipment, (2) Alternatively, discuss and take other action related to this item. 14. Consideration and possible action regarding adoption of a resolution authorizing the Director of Planning and Building Safety to sign Notices of Completion for projects completed under the Residential Sound Insulation Program. Recommendation — (1) Adopt Resolution authorizing the Director of Planning and Budding Safety to sign Notices of Completion related to Residential Sound Insulation Protects; (2) Alternatively, discuss and take other action related to this item. 0 7 CALL ITEMS FROM CONSENT AGENDA F. NEW BUSINESS 15. Consideration and possible action regarding - (1) Introduce an Ordinance to adopt an amendment to the 2001 California Building Code requiring new residential units to be in compliance with the requirements of the City's Residential Sound Insulation program; (2) setting a second reading and adoption for April 4, 2006. Recommendation — (1) Introduce an Ordinance amending the 2001 California Building Code to add residential sound insulation standards; (2) Schedule second reading and adoption for April 4, 2006; (3) Alternatively, discuss and take other action related to this item. 16. Consideration and possible action regarding a new Alcoholic Beverage Control (ABC) license for on -site sale and consumption of beer, wine and alcohol (Type 47) at a new restaurant located at 403 Main Street, EA No. 690 and AUP No. 05 -5. Applicant: Kenneth R. Garmoe Recommendation — (1) Determine that the City Council does not protest the issuance of the new Type 47 ABC license at 403 Main Street, (2) Alternatively, discuss and take other action related to this item. G. REPORTS — CITY MANAGER — NONE H. REPORTS — CITY ATTORNEY — NONE I. REPORTS — CITY CLERK J. REPORTS — CITY TREASURER K. REPORTS — CITY COUNCIL MEMBERS Council Member Boulgarides — =40 Council Member Busch - 17. Consideration and possible action regarding a status report on technology available for law enforcement regarding "Automatic License Plate Recognition Systems" utilized for purposes of identifying vehicles that may be the subject of unlawful activities or that have outstanding violations. (Fiscal Impact: None) Recommendation - (1) Receive and file status report; (2) Alternatively, discuss and take other action related to this item. Council Member Jacobson - Mayor Pro Tem Gaines - Mayor McDowell - PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit per person, 30 minute limit total) Individuals who have receive value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so identify themselves prior to addressing the City Council Failure to do so shall be a misdemeanor and punishable by a fine of $250 While all comments are welcome, the Brown Act does not allow Council to take action on any item not on the agenda. The Council will respond to comments after Public Communications is closed MEMORIALS - CLOSED SESSION The City Council may move into a closed session pursuant to applicable law, including the Brown Act (Government Code Section §54960, et sea) for the purposes of conferring with the City's Real Property Negotiator, and/or conferring with the City Attorney on potential and/or existing litigation, and/or discussing matters covered under Government Code Section §54957 (Personnel), and/or conferring with the City's Labor Negotiators REPORT OF ACTION TAKEN IN CLOSED SESSION (if required) ADJOURNMENT POSTED DATE ////, /?('y� TIME a ` `1� 9 , NAME 0 9 9 EL SEGUNDO CITY COUNCIL MEETING DATE: March 21, 2006 AGENDA ITEM STATEMENT AGENDA HEADING: Unfinished Business AGENDA DESCRIPTION: Consideration and possible action regarding a presentation and discussion of changes proposed by the Council R -1 Subcommittee, to the El Segundo Municipal Code Title 15 Chapter 4A regarding the development standards for the Single- Family Residential R -1 Zone (Fiscal Impact None) RECOMMENDED COUNCIL ACTION- 1 Receive staff presentation, 2 Receive comments from public regarding proposed changes to the R -1 zone development standards, 3. Direct staff to proceed with the Zoning Code amendments and preparation of environmental review documents, and /or 4. Alternatively, discuss and take other actions related to this item. BACKGROUND & DISCUSSION. On November 29, 2005 a special point meeting was held with the City Council and Planning Commission to hear a presentation by the Council R -1 Subcommittee on proposed changes to the development standards for the Single - Family Residential R -1 Zone The City Council directed staff to continue with input from contractors, architects, engineers and brokers to better define the parameters for the code changes, survey surrounding cities for examples of their restrictions, and develop costs associated with the implementation of the proposed code change with regard to the proposed requirements (Continued on next page ..) ATTACHED SUPPORTING DOCUMENTS: 1 Draft of Proposed Changes to the R -1 Zone Development Standards; 2 Survey of R -1 Development Standards from Surrounding Cities, 3 Survey of permitted single family homes with proposed FAR and Lot Coverage 4 Fiscal Model FISCAL IMPACT: None Operating Budget• NIA Amount Requested: N/A Account Number: N/A Project Phase. N/A Appropriation Required: _ Yes X No ORATED BY: DATE: Seimone Jurpsl!Director of Planning and Building Safety 0i0 1 STAFF REPORT: March 21, 2006 Page 2 BACKGROUND & DISCUSSION: (cont.) Since the point meeting, the Council R -1 Subcommittee has held two meetings with contractors, architects, engineers and brokers on December 19, 2005 and January 16, 2006. The purpose of the meetings was to discuss the standards proposed at the point meeting and gain additional input from individuals that would be actually designing and building the structures Following the meetings, the subcommittee worked on further refining the standards and make changes based on the input gained. On March 13, 2006 the Council R -1 Subcommittee presented a new version of the proposed changes to the public Additional input was gained from the meeting and the subcommittee presents the changes this evening. COST OF CHANGE Staff has modeled a construction cost estimate for a new 3,300 sq.ft. single family dwelling. Staff anticipates that the cost of framing a new dwelling unit with the proposed 2nd story modulation requirements would increase the cost of framing by 15% A 15% increase was added to item #120, Framing, Lumber, Labor This resulted in an increase of 3 4% to the overall construction budget. This model serves as a model of average construction RECOMMENDATION AND FUTURE PROCESS Planning and Building Safety staff recommends that the City Council receive comments from the public regarding the proposed changes to the R -1 zone development standards and direct staff to proceed with drafting the Zoning Code amendments and to prepare environmental review documents subject to the requirements of the California Environmental Quality Act Once the final proposed changes to the R -1 Zone Development Standards have been drafted and the environmental documents have been completed, staff will present the proposed changes at public hearings before the Planning Commission and before the City Council P \Planning & Building Safety\PROJECTS \R1Standards \R1 Standards CC PC Staff Report 03212006 doc 011 Proposed R -1 Zone Development Standards Draft (3/21/06) Note: Changes to development standards and new development standards are shown in bold font If a development standard is not being changed it is not in bold font A. DWELLINGS 1. Height 2 stories, 26 feet in height to midpoint of roof. (no change) 2. Setbacks a. Front Setbacks Minimum 22 feet; Front facing garages must be setback a minimum of 2 additional feet from the first floor building wall unless the building has a porch, veranda, courtyard or deck at least 8 feet in width by 4 feet in depth. Combined Front and Rear Setback Minimum 30 feet (no change) Permitted Front Setback Encroachments: The following encroachments are permitted on the first floor in the front setbacks only: 1) Porches or verandas not fully enclosed on three sides (railings and /or columns permitted) may encroach into the front setback a maximum of six feet in depth. 2) The first floor front facing exterior wall of a dwelling may encroach up to 2 feet for a width not exceeding 30 feet when a first floor porch or veranda, not fully enclosed on three sides, is also projecting into the front setback. The total amount of encroachment may not exceed six feet in depth combined for both the dwelling and porch or veranda, for a maximum 50% of the building width not to exceed 30 feet in width; 3) Courtyards (with walls not exceeding 42 inches in height within the setback) may encroach into the front setback a maximum of six feet and 50% of the building width not to exceed 20 feet; 4' 01 4) Raised decks not greater than 24 inches above grade constructed in conjunction with an lattice deck cover not greater than 10 feet above grade may encroach into the front setback a maximum of six feet in depth and 50% of the building width not to exceed 20 feet; 5) Lattice patio covers not greater than 10 feet above grade may encroach into the front setback a maximum of six feet in depth and 50% of the building width not to exceed 20 feet; 6) Architectural elements such as towers or turrets not greater than 8 feet in diameter may encroach into the front setback a maximum of 4 feet into the front setback; 7) Pergolas not greater than 10 feet in height that are attached to the dwelling may encroach into the front setback a maximum of six feet in depth and 50% of the width not to exceed 20 feet in width; 8) An arbor or trellis, not exceeding 8 feet in height and 8 feet in width may encroach into the front setback. b. Side Setbacks Existing =10% of lot width, 3 -foot minimum, 5 -foot maximum Proposed First Floor: 10% of lot width, minimum 3 feet, maximum 6 feet. Second Floors Greater than 500 Sq.FT.: 10% of lot width (minimum three (3) feet, maximum six (6) feet) plus the following: 1) 15% of the covered foot print area (including garages and carports) of the ground floor, but not less than 200 sq. ft., must be applied toward modulating the exterior perimeter walls on the second floor. 2) Modulation of the second floor exterior perimeter walls must occur on the side of the structure that faces the side yards. 3) The area to be modulated must be divided equally between both side yards. 4) Modulation must be four (4) feet minimum to six (6) feet maximum. Z 013 A 5) No additional modulation is required if the face of the second floor facing a side yard is set back from an amount that is equal to the 10% of the lot width plus an additional four (4) feet. 6) If a only a portion of the second floor facing a side yard is set back an amount that is equal to 10% of the lot width plus an additional four (4) feet to six (6) feet, that portion may count towards the area calculation required for item 1) above. c. Rear Setbacks Dwelling- First Floor Minimum 5 feet. (no change) Second Floor Minimum 5 feet (no change) Note Accessory structures still must not be used for rental purposes. 1. Height Eliminate restriction that can only be one floor. 1 story, 14 feet or 2 stories, 21 feet with greater setbacks (see setback section); 2. Setbacks a. Front Setbacks Minimum 22 feet (same as dwellings -no change) Combined Front and Rear Setback: Minimum 30 feet. (same as dwellings -no change) b. Side Setbacks Existing =10% of lot width, 3 -foot minimum, 5 -foot maximum Proposed: First Floor -10% of lot width, 3 -foot minimum, 6 -foot maximum Second Floor -10% of lot width + two foot, 3 -foot minimum, 6 -foot maximum 3 014 Rear 1/3 of propert y Garages and accessory structures located on the rear 1/3 of the property must be set back from the property line a minimum of two feet. c. Rear Setbacks Existing 0 feet Proposed: First Floor: Minimum 3 feet. Second Floor: Minimum 5 feet. d. Rooftop Decks Rooftop decks with required guard railings are permitted on single -story accessory structures and on single -story portions of 2 -story accessory structures— rooftop deck guard rails must maintain a setback of 10% of lot width + two foot; roof top decks are not permitted on 2 -story accessory structures. 3. Placement of Buildings and Structures No change to existing standards are proposed except that these standards only apply to single -story accessory structures. These standards do not apply for second floor accessory structures which have to comply with the new accessory budding second floor setbacks 4. Accessory Structures - Bathrooms A 1/2 bath (sink and toilet) is permitted but a full bathroom is not (same as existing regulations in ESMC Section 154A- 6J.3.). Note that % baths would be permitted for both single -story and 2 -story detached accessory structures (see existing ESMC Section 15- 4A- 6J.3.). Also note that a % bath would be permitted in an accessory structure and a separate % bath would be permitted as part of a garage, whether the garage is attached or detached to the accessory structure. C. LOT COVERAGE (For All Structures — Includes Garages) 1. 35% for building(s) over 18 feet in height; 4 015 2. 43% for building(s) that are a mixture of one and two stories as long as 60% of the total area of the building(s) does not exceed 18 feet in height; 3. 56% if building(s) do not exceed 18 feet in height; D. FLOOR AREA RATIO (Floor Area Does Not Include Garage) 0.5 FAR for lots equal to or less than 8,000 square feet; .4 FAR for any increment above 8,000 square feet. EXCEPTION: The following areas will not be counted towards the FAR: 1) Basements as long as 80% of the exterior perimeter walls are fully below natural grade; 2) Garages E. PARKING 1. Number of Spaces 2 spaces in a fully enclosed garage or 3 spaces in a fully enclosed garage if the dwelling exceeds 3,000 square feet in area (no change) 2. Parking Space Dimensions 10 feet wide by 20 feet deep (outside dimensions) per parking space (no change) 3. Garage Orientation Three -car garages that face the front property line where one of the stalls is not tandem, either each garage stall must have a single -car garage door or that portion of the building that contains one of the three stalls must be set back 5 additional feet from the front of the portion of the building that contains the other two stalls. 4. Garage Design Guidelines - Encouraged a. Three -car garages may be constructed as attached or detached structures at the rear of a lot and are encouraged. b. Tandem parking for the third fully enclosed parking space is encouraged. 5 016 c. Three -car garages facing the side property lines are encouraged. 5. Vehicle -Lift On lots less than 45' in width, one vehicle -lift may be used to meet the requirements for a three -car garage by substituting the second garage space for a lift that will stack two vehicles vertically. Resulting in three parked vehicles. Minimum ceiling height is 14'. F. DRIVEWAYS AND CURB CUTS 1. Driveway and curb cut cannot exceed 20 feet in width for lots less than 50 feet wide (New Standard). 2. Width of driveway and curb cut cannot exceed 50% of the lot width for lots 50 feet or greater in width (New Standard). G. LANDSCAPING 1. A minimum of 25% of the front setback area must be landscaped for all lots less than 50 feet in width in the R -1 Zone. (New Standard) 2. A minimum 35% of the front setback area must be landscaped for all lots that are 50 feet or greater in width in the R -1 Zone. (New Standard). K ENCROACHMENTS In addition to existing permitted encroachments: 1. Add porches, verandas, decks, courtyards, towers, turrets in the front yard setback as specified in front setback encroachments listed above. 2. Add arbors, trellises, pergolas and lattice patio /deck covers in the first floor front yard setback as specified in front setback encroachments listed above. 3. Add bay windows on the second floor facing the front property line only. 4. Add fireplaces on the interior side yard setback but the encroachment may not reduce the setback to less than a minimum of 3 feet. 6 017 5. Add shutters, corbels, dentils up to 6 inches in depth to the existing list of architectural elements in ESMC Section 15- 2 -7A1. 6. Add columns up to 1 foot in depth to the existing list of architectural elements in ESMC Section 15- 2 -7A1. I. ACCESSORY OUTDOOR SHOWERS J. Accessory outdoor showers attached to a building wall are permitted. They may not encroach in a setback and may not be roofed. They may be enclosed on 3 sides. Add the following definitions: 1. Arbor: A shelter of shrubs and branches or of latticework intertwined with plant material usually comprised of climbing vines and flowers. 2. Courtyard: A court that is open to the sky and is adjacent to or within a building mostly or entirely surrounded by walls and /or buildings on all 4 sides. 3. Deck: An open, unroofed porch or platform extending from a house or other building. 4. Lattice: A structure of interwoven, crossed strips arranged to form a regular pattern of open spaces that is usually made of wood or metal. 5. Landscape: Any lawn, tree, bush and ground cover in areas designed to be permanently maintained and permeable. 6. Pergola: A structure of parallel colonnades supporting an open roof of beams and crossing rafters or trelliswork, over which climbing plants are trained to grow. 7. Porch: A covered platform that is an exterior appendage to a building, usually having a separate roof from the building, that 7 018 may have railings and /or supporting columns, which forms a covered entrance or vestibule to a doorway. 8. Porte- cochere: A porte - cochere is a porch roof projecting over a driveway at or adjacent to the entrance to a building that shelters those getting in and out of vehicles. 9. Single -Story: Structure no higher than 18 feet to upper most point. 10. Stoop: A raised platform that is approached by steps at the entrance to a building. A stoop may have a roof projecting out from the building wall over the building entrance that does not have any columns supporting it. 11.Tower: A building or structure, usually round or square in plan and characteristically taller than its diameter, forming a part of a larger building and is often located at a corner of the building. 12.Turret: A small, slender ornamental tower that begins above ground level that usually projects from a corner of the building to which it is attached. 13.Trellis: A system of horizontal latticework supported on posts, designed to support growing vines and plants. 14.Veranda: A large, open porch, usually roofed and partly enclosed, as by a railing, often extending across the front and sides of a house. 8 019 SURVEY OF R -1 DEVELOPMENT STANDARDS FROM SURROUNDING CITIES T_ T Architectural Setbacks & Lot Projections & (CITIES Ogen Space Helaht Coverage Parking Parking Desl n I Modulations Min Lot Size Review - �- - t — — � min 1000 - SF living area & for 20' front, side lots < 8,000( 2 covered within not less than 2 -story max garage or SF a max 18 -inch into 14', rear 10', @ Irving area req'd yards, 24- 10% of lot sizel 26 of 1,500 carport for inch max into midpoint & 30' dwelling w/ 5 or (Culver City req'd Open SF+ max yards for roof 5,000 SF Space but no Lot to highest less bedrooms eaves, , t ridgehne or 1 add'( space for Tess than 600 Coverage Archdectural lSF w/ min 10' top of parapet 40% each bedroom in Review dimension excluding lexcess garage or r - — — — storage — -- -- — shed frOn110% Of depth (max 2 off - street 10' & min 5'), (parking spaces side 10% of + 1 guest space, width not less including than T& not> ladddional space 5',rear 5' 1st Lot for servants' 4,000 SF Hermosa Beach 25' Coverage floor & 3' 2nd 65% quarters or floor, alley guesthouse, rear 3' 1 st & V max storage 4001 2nd Open SF, Tandem Space req'd parking 25% of lot permitted area lots >4800 w 65 forl R 20' front, side max 3' x two 1° &FAR 7 (chimney w/ 14' 101° of lot 2 -car garage for architectural for lots w/ < height in req'd width 3' mm < 3600 SF & 3- elements 4,800 SF, setback, all need not carfor> 400 SF req'd sloped exceed 5', 26' outside FAR roof equipment dfrom roofs, bay (garage max& includes screened from Manhattan rear 30% of lot face of ° of view Garage 200 SF storage windows, Beach depth min 10' exterior wall & 50 /° max min 9' awnings, roof 7,500 SF 1& max rear two -story habitable windows gargewidth No eaves, 25', front req'd space in > than 40% of req'd,surface of � basement roof deck or cormces, 'lls, open space & max 200 street frontage balcony must buttresses, mm 8% of lot SF storage (for vehicle use be 9' below balconies, or size excluded in height limit Patios �� basement I I I I I I I I 0410 P \Planning & Building Safety\PRO.IECTS \R1Standards \BULK STANDARDS Page 1 021 P \Planning & Building Safety\PROJECTS \R1Standards \BULK STANDARDS Page 2 SURVEY OF R -1 DEVELOPMENT STANDARDS FROM SURROUNDING CITIES j- FIF Architectural Setbacks & Height Lot Coverage/ Parking Proiectrons & ` Modulations Min Lot Size (CITIES Open Space FAR Design 20' front lst� Review (Floor & fro nt FAR bonuses 30' for 2nd for porches, (floor, 5' side 2 -car garage (garages @' Redondo Beach or 10% lot 30' -2 story FAR 651 min & 800 SF rear or side 2nd floor 8' for 5,000 SF Iwidth,20% of max accessory Ioaded,Design 15' length depth min (max use area review for all 15',max 30% new additions hardscapein &construction front setback T Tfront 20' or — — (average with min 15', front facing garage chimneys , fa 20' min (Min 10'x 15' reenhouse (windows, roof � max total open space or FAR 61, accessory eaves, porches w/ patio Lot (structure 1000 & balcomes 2'- Torrance enclosed on 18' one -story, max 2 sides, Coverage ISF w/ SF 6" min clear to property line, J 27' two -story 10 /a lot 50% & 700 not parking @ (Public Hearing (side less 40% max (rear 114 of lot 1' width not than 5' for lots for 2 -story from rear & 3' from req'd for Hillside 50', rear lttry side Overlay Area 15' average remodel or newt not less than construction 0 avve age of —, — — less than 15' — max 1 story high porte- cochere w/ 20' length @ 2 5/ 5' side setback, No detached max 30" or carport is �encroachment 50% allowed in the 20' front, side max total laccessory front or street within setback Ontario 35' two an rhalfstory Lot Coverage I structure 1,050 side yard area Carports 7,201SF,000 &75/10' 2nd max 50% SF w/ 650 SF balconies must be floor, rear 20' not parking stairwells, porte- screened from cocheres, public view w/ (Planning (solid 6' high block wall (Commission Design review req'd for new 5 or more unit 021 P \Planning & Building Safety\PROJECTS \R1Standards \BULK STANDARDS Page 2 SURVEY OF R -1 DEVELOPMENT STANDARDS FROM SURROUNDING CITIES � A Architectural CITIES H Setbacks & L Lot P Parkin M Prolections & Modulations Min Lot Size —� O Ooen Soace � FAR — —g D Design Review front 20% of (lot d City B depth but ( 2 -car garage or s (The C B i not> t offstreet parking M max f Mass, Los Angeles side 5 FAR 3 1 a area + 1 space ( yard E Envelope, 5,000 SF & or max eig for each 2 ec s w - articulation, & 2nd floor for Iguestrooms up platforms, other control lots 50' wide, methods rear 15' 18' from existing grade combined to the average front & rear of the highest 130'w/ min 22' gable if 1 story ) Lot Archdectural in front, side & 26' for 2- Coverage 2' max front Features El Segundo o story from 40% & 2 -car garage yard horizontal Req'd 5,000 SF 10 /o of lot existing grade 47% if 1 encroaching, windows, (width min 3' to the average) stry cornices and max 5', rear 8' mm of the highest gable, 6' from average to the peak of ridge 022 P \Planning & Building Safety \PROJECTS \R1 Standards \BULK STANDARDS Page 3 022 P \Planning & Building Safety \PROJECTS \R1 Standards \BULK STANDARDS Page 3 Sample Survey of Homes in the Single - Family Residential (R -1) Zone with Proposed FAR and Lot Coverage Applied No Address Total Lot Size In Square Feet Total Bull ding Sldi (Including garage) In Square Feet Total Building w/o Garage Floor Area Ratio (2 -Story) Maximum Building Size with 35% Lot Coverage (HYBRID) Maximum Building Size with 43% Lot Coverage with 50% Building Area Heights 18' or Less One and Two Story (1-Story) Maximum Building Size with 56% Lot Coverage Proposed with Building Height 18' or Less (Proposed) Total Building Size with Floor Area Ratio (FAR) 0 50 for first 8,000 sq It and 0.4 FAR for any Increment over 8,000 sq ft (Proposed) 1 631 W Maple Ave 7,570 3,913 3,313 044 5,299 4,882 4,239 3,785 2 861 Bungalow Dr 7,381 6,361 5,761 078 5,167 4,761 4,133 3,691 3 863 Bungalow Or 7,666 3,780 3,180 041 5,367 4,945 4,293 3,8331 4 1242 E Maple Ave 13,920 9,336 8,736 063 9,744 81978 7,795 6,368 5 1404 E Maple Ave 5,428 4,040 3,440 063 3,799 3,501 3,039 2,714 6 725 Center St 7,381 4,341 3,741 051 5,167 4,761 4,133 3,691 7 213 E Acacia Ave 6,975 3,913 3,313 047 4,883 4,499 3,906 3,488 8 851 Virginia St 6,702 3,913 3,313 049 4,691 4,322 3,753 3,351 9 627 Whiting St 10,000 5,983 5,383 054 7,000 6,450 5,600 4,800 10 757 Bungalow Or 6,588 3,680 3,080 047 4,612 4,249 3,689 3,294 11 708 Lomita Street 6,480 3,684 3,084 048 4,536 4,180 3,629 3,240 12 640 Lomita Street 6,420 3,394 2,794 044 4,494 4,141 3,595 3,210 13 418 W Maple Ave 5,035 3,497 2,897 058 3,525 3,248 2,820 2,518 14 805 Virginia Street 5,361 2,880 2,280 043 3,753 3,458 3,002 2,681 15 725 Canter St 6,588 3,902 3,302 050 4,612 4,249 3,689 3,294 16 752 Bunglow Dr 6,588 4,117 3,517 053 4,612 4,249 3,689 3,294 uz,; FISCAL MODEL LINE ITEM COST BREAKDOWN Project Single Family Residence Size 3300 COST ONSITES COSTS /SF AVERAGE PERCENTOF CODE VERTICAL CONSTRUCTION $ 500 COSTS I COSTS I 103 COSTS $ 1 32 $ 4,361 077% 1o1 Appliances $ 1236 $ 40,755 718% 1o2 Cabinets $ 500 $ 16,500 291% 103 Ceramic Tile $ 1 32 $ 4,361 077% 1o4 Cleanup, Rou h $ 046 $ 1,532 027% 105 Cleanup, Final $ 043 $ 1,414 025% lob Concrete Foundation $ 1200 $ 39,600 697% 107 Countertops Cultured Marble $ 150 $ 4,950 087% 108 Countertops Granite $ 446 $ 14,709 269% log Drywall $ 436 $ 14,379 253% 110 Electrical - Rough $ 443 $ 14,614 257% 111 Electrical - Finish $ 300 $ 9,900 174% 112 Electrical Light Fixtures $ 052 $ 1,709 030% 113 Finish Carpentry, Finish Hardware & Ward Doors $ 438 $ 14,438 254% 114 Fireplaces Metal $ 044 $ 1,461 026% 11s Fire S rinMer System $ $ 000% 116 Flooring, Carpet $ 200 $ 6,600 1 16% 117 Flooring, Ceramic Tile $ 250 $ 8,250 145% 118 Flooring, Vin I $ $ 000% 119 Flooring, Wood $ 500 1 $ 16,500 291%1 12o Framing, Labor, Lumber & Hardware $ 3100 $ 102,300 1802% 121 Framing, Trusses $ 1 20 $ 3,960 070% 122 Gutter & Downspouts $ 016 $ 530 009% 123 Garage Doors & Openers $ 018 $ 589 010% 124 HVAC $ 275 $ 9,075 160% 125 Insulation $ 100 $ 3,300 058% 126 Light Weight Concrete $ 143 $ 4,714 083% 127 Mailboxes $ 017 $ 566 010% 128 Mason $ 071 $ 2,357 042% 129 Ornamental Iron $ 071 $ 2,357 042% 130 Painting - Exterior $ 086 $ 2,829 050% 131 Painting - Interior $ 223 $ 7,354 130% 132 Pest Control $ $ 000% 133 Plastering $ 457 $ 15,086 266% 134 Plumbing - Rough $ 706 $ 23,312 411% 135 Plumbing - Finish $ 300 $ 9,900 174% 136 Roofing $ 125 $ 4,125 073% 137 Security & Home Audio Prewire $ 464 $ 15,321 270% 138 Sheet Metal $ 014 $ 471 008% 139 Shower Doors & Mirrors $ 097 $ 3,206 056% 140 Structural Steel $ 071 $ 2,357 042% 141 Tubs $ 171 $ 5,657 100% 142 Waterproofing / Hot Mop Shower Pans $ 049 $ 1,603 028% 143 Waterproofing Decking $ 0 89 $ 2,946 052% 144 Windows $ 4,57 $ 15,086 266% 145 JSubtotaf $ 136 57 $ 450,674 7937% 4s Conlin enaes O6% $ 8 19 $ 27,040 4 76% 147 Profl +Overhead 20°10 $ 2731 $ 90,135 1587% 147 TOTALS $ 17208 1 $ 567,849 -10000% M /SF 15% 120 $ 141 22 $ 8 47 $ 28 24 $ 177 93 Total Change 34% 024 EL SEGUNDO CITY COUNCIL MEETING DATE. March 21, 2006 AGENDA ITEM STATEMENT AGENDA HEADING: Unfinished Business AGENDA DESCRIPTION: Consideration and possible action regarding award of contract extensions to The Jones Payne Group for design and testing services and to Wyle Laboratories, Inc for construction monitoring and oversight services related to the Residential Sound Insulation (RSI) Program (Fiscal impact $1,746,659 to The Jones Payne Group, Inc and $200,100 to Wyle Laboratories, Inc) RECOMMENDED COUNCIL ACTION. 1) Award a contract extension to The Jones Payne Group for Design and Testing Services, 2) Award a contract extension to Wyle Laboratories, Inc for Construction Monitoring and Oversight Services, 3) Authorize the City Manager to execute the contract extensions, and 4) Alternatively, discuss and take other action related to this Item BACKGROUND & DISCUSSION: At its meeting of November 5, 2003, the City Council awarded agreements to The Jones Payne Group for provision of Design and Testing services and Wyle Laboratories, Inc for provision of Construction Monitoring and Oversight Services Both agreements were awarded for a period of one (1) year, with the City's discretion of extending the agreement in one (1) year increments for a maximum of three (3) years At its meeting on February 15, 2005, the City Council awarded one year extensions on both contracts (continued on next page) ATTACHED SUPPORTING DOCUMENTS: Scope of services for The Jones Payne Group, Inc Proposal from The Jones Payne Group, Inc Proposal from Wyle Laboratories, Inc FISCAL IMPACT: Operating Budget. $600,000 Amount Requested: $1,946,759 Account Number- 116 - 400- 0000 -6214 Appropriation Required* X Yes _ No ORIGINATED- DATE: March Seimone Jurlis, erector of Planning and Bulldino Safetv DATE- _VtS 025 2 Background and Discussion (con't): Staff has requested that both The Jones Payne Group, Inc and Wyle Laboratories, Inc submit proposals for an additional year of service to cover 300 homes The Jones Payne Group has submitted a proposal for $1,679,099 for design work related to the City's accelerated Residential Sound Insulation Program, which will cover design work for between 300 and 350 homes This design work will include architectural assessments, acoustical testing at 10% of the homes, Property Owner reviews, and Punch List inspections, and for the first time, designs for mechanical systems Designs by The Jones Payne Group, Inc for mechanical systems vs a "design -build" approach by contractors, will enable a more competitive process for construction With approval of this proposal, design work will commence on Group 11 (25 homes) the week of April 17, 2006 Additionally, The Jones Payne Group, Inc has been providing additional support since early December 2005 for construction management on ongoing construction of Groups 5, 6, 7, and 8 Due to the announcement of the settlement agreement, additional support staff was needed immediately to deal with the day to day issues related to construction The Jones Payne Group, Inc has submitted a proposal for $67,560 for these services which are expected to be needed through completion of Group 8 as City staff looks to fill the two Construction Coordinator positions approved by City Council on December 20, 2005 Wyle Laboratories, Inc has submitted a proposal for a time and materials contract extension with an amount not to exceed $200,100 in support of the City's accelerated RSI Program This will cover Construction Monitoring and Oversight (to complywith FAA grant requirements) for the Program 026 of El RESIDENTIAL SOUND INSULATION PROGRAM Scope of Services Document February 27, 2006 PROGRAM DESCRIPTION The Jones Payne Team (JPG) will provide Program Management, Acoustic Design, Architectural /Engineering Design, and Construction Support services for the City of El Segundo's Residential Sound Insulation Program The Team will be responsible for performing the acoustical treatment recommendation services for 300 -350 homes within the vicinity of the City of El Segundo The JPG team of consultants will be responsible for all services involved in the management and technical aspects of the Sound Insulation Program The scope of services provided by the consultant team is outlined below, and will include • Program Planning and Administration Support • FAA / Agency Coordination Support • Acoustical Criteria and Guidelines • Architectural / Engineering Design • Manufacturer / Technical Liaison • Procurement and Bidding • Construction Phase Services Support • Program Evaluation and Closeout SCOPE OF SERVICES The scope of work that has been developed for Work Order Three (3) of the program includes Design through Construction Support services for up to 350 Properties The 300 -350 properties to be sound insulated in Work Order Three (3) will be packaged into 12 bid groups The fees for Task 6 are based on all parcels being available for assessment durations noted in the attached schedule The fees for tasks 6 1, 6 5, 10 2 are based specifically on the following assumptions If the actual housing stock differs from these assumptions, payment for additional services will be per Schedule B Unit Type Unit Count SF Assumptions Single Family Unknown 1.500 — 2.000° Condominium/Townhouse Unknown 1,000 - 1,500 Apartments Unknown < 1,000° Note that the duration of the base contract and the attached fees have been based on the attached schedule If the base contract duration, or the duration of the construction contracts extend 4 weeks or more beyond the planned completion dates for reasons beyond the consultants control, services will be provided in a mutually agreed upon level of effort per the fee schedule attached (Appendix A) 027 City of El Segundo RESIDENTIAL SOUND INSULATION PROGRAM Scope of Services Document February 27, 2006 WORKORDER NO. 3 — SOUND INSULATION OF 300 -350 UNITS TASK 1: PROGRAM PLANNING AND ADMINISTRATION Task 1.2 Program Kick -off Meeting JPG will participate in a program kick -off meeting with the City staff to discuss the current program and the results of our review of existing program documents, and to review the proposed program approach, tasks and schedule Task 1.5 Master Program Schedule JPG will prepare for review by the City a Master Program Schedule that contains all tasks and subtasks and their respective durations and interdependencies. The Schedule will be prepared using Microsoft Project, 2002 version Periodic updates will be prepared as required Task 1.9 Coordinate with City Staff JPG will coordinate with the City on a bi- weekly basis Specific coordination activities will include homeowner selection & notification, issues pertaining to design status, homeowner meetings, bidding procedures, contractor procurement and selection activities, and FAA reporting requirements Task 1.10 Program Management and Coordination The JPG will provide oversight and management for all task related services identified by Tasks 2 — 11, below In addition JPG will manage and coordinate all team sub consultants including acoustical, environmental, mechanical, electrical and structural for the duration of Work Order Three (3) Management and coordination will include project procedures, policies, reporting and communications both written and verbal TASK 4: FAA / AGENCY COORDINATION Task 4.1 Progress Reporting The JPG Team will provide a series of monthly progress reports to the City An annual program report will be prepared summarizing program accomplishments during the current program year, with program forecasts and budgets for the remainder of the program For purposes of this contract, the annual report will be based upon completion of the above - mentioned Work Order Task 4.2 Coordination with Local Building Officials Budding code requirements will be reviewed with the local Budding Officials A summary of the Uniform Budding Code (California Budding Code) requirements will be prepared for inclusion in the Program Policy and Procedures Manual, and 028 City of El Segundo RESIDENTIAL SOUND INSULATION PROGRAM Scope of Services Document February 27, 2006 reviewed with current budding officials to ensure that they reflect all requirements for the sound insulation program TASK 5: ACOUSTICAL CRITERIA AND GUIDELINES Task 5.3 Provide Acoustical Recommendations The JPG Team's acoustical consultant will review the acoustical recommendations for all properties TASK 6: ARCHITECTURAL / ENGINEERING DESIGN Task 6.1 Site Visits — Architectural Assessment The JPG Team will receive from the City of El Segundo a schedule of the initial assessment visits for all 300 -350 eligible properties Each homeowner who elects to participate, as indicated by the City, will be included in the assessment phase The JPG Team will conduct assessment visits for those residences electing to participate The assessment team will include a team leader /construct -ability inspector and a drafter The team will prepare floor plans and create door and window schedules for each of the participating homes Based upon the acoustical treatment guidelines, preliminary recommendations for acoustical improvements to the house will be prepared and discussed with the homeowner Task 6.2 Site Visits — Mechanical / Electrical Assessment The JPG Team will conduct M / E system evaluations for residences during the architectural assessment visit outlined in Task 6 1, above Existing mechanical and electrical systems will be documented and schematic plans prepared to provide FAU replacement, air conditioning, ventilation systems and possible electrical upgrades Task 6.4 Site Visits — Pre - Construction Acoustical Testing The JPG Team will conduct pre - construction acoustical testing on 20% of the residences in the program identified by Task 61, above and as prescribed in the previously submitted Acoustical Testing Plan The team will conduct acoustical testing in accordance with FAA requirements and procedures set forth by ASTM E966 "Standard Guide for Field Measurements of Airborne Sound Insulation of Building Facades and Budding Elements " Simultaneous measurements will be taken of the exterior and interior noise levels using an artificial noise source to determine the noise reduction (Noise Reduction) in decibels (dBA) of the wall / window assemblies Between 3 -5 rooms in each house will be testing. The NR values will determine the level of acoustical improvement necessary to meet the program goals 01L�) of El RESIDENTIAL SOUND INSULATION PROGRAM Scope of Services Document February 27, 2006 Task 6.5 Treatment Concept Packet The JPG Team will analyze the specific needs of the individual residences and recommend acoustical treatments necessary to improve the NR performance to meet the program standard A preliminary design package for each home will be prepared The design package will include plan(s), photo elevations, door and window schedules, preliminary mechanical, fresh air upgrades and electrical upgrades, as required These packages will be reviewed with each homeowner for comment Exceptions taken by the homeowners will be brought to the attention of the City The attached fee proposal reflects our completing Treatment Concept Packets on all 300 -350 properties Task 6.6 Prepare Homeowner Agreements The JPG Team will meet with the City to identify those properties to be "fast- tracked ", in moving forward with bid documents and construction During this period, those properties with special conditions (code or structural), requiring remedial work to be done, will be placed on hold until issues can be resolved The JPG will meet with and review the concept packets with the homeowners, and will prepare homeowner agreements for each participating property The homeowner agreement will identify the treatment recommendations, as revised, along with items of "pre- work" that the homeowner must perform in order to install the acoustical treatments These may include code infractions not eligible for FAA funding The scope of work documents will be attached as an exhibit to the "Homeowner Participation Agreements" for the Residential Sound Insulation Program for signature by the homeowner(s) A probable cost of construction will be provided for review with the property owner Task 6.8 Prepare Final Design Documents (70% Plans The JPG Team will prepare final design documents for each property and bid group including plans, schedules showing door and window types, finishes and colors, possible ceiling or wall modifications, mechanical or ventilation systems or electrical upgrades and special details not contained in the standard set These documents will be submitted for review by all appropriate agencies Task 6.9 Prepare Bid Documents and Final Estimate The JPG Team will prepare final Bid Documents including plans, schedules, standard details, special details, technical specifications, general conditions and special provisions of the contract as necessary to publicly solicit bids and construct the recommended acoustical treatments A Final Estimate will be prepared for each bid package based on the final number of homes to be incorporated into the bid sets. JPG will meet with the homeowners to review the final 100% scope of work The JPG Team will prepare one original stamped copy of the final Bid Documents for reproduction by the City of El Segundo to be distributed to contractors interested in bidding tJO City of El Segundo RESIDENTIAL SOUND INSULATION PROGRAM Scope of Services Document February 27, 2006 TASK 9: PROCUREMENT AND BIDDING Task 9.2 Pre -Bid Conference The City of El Segundo will schedule and conduct the Pre -Bid Conferences with assistance from JPG The primary agenda will be to present requirements and responsibilities involved in the Residential Sound Insulation Program, as well as, discuss administrative requirements and bid procedures to interested contractors for each bid group JPG staff will present acoustical and ventilation treatments, specifications and typical scopes of work as outlined by the Contract Documents Task 9.4 Prepare Addenda The JPG Team will coordinate any clarifications that may arise from questions raised at the Pre -Bid Conference and/ or the house tour Written clarifications or addendum to the bid documents will be issued, as required Task 9.5 Tabulate & Analyze Contractor's Bids JPG will provide assistance on an as- needed basis to tabulate contractor bids received, review bids for completeness and conformance with the established bid requirements, and identify the apparent low bidder for the construction contract TASK 10: CONSTRUCTION PHASE SERVICES Task 10.1 Pre - Construction Conference The City of El Segundo, with assistance from JPG, will schedule a Pre - Construction Conference for each bid package in the Program for the purpose of introducing the General Contractor and its Subcontractors to the City, JPG & Wyle Team The General Provisions and Special Conditions of the Contract, related administrative matters, such as weekly payroll submittals and affirmative action compliance will be reviewed Task 10.2 Pre- Construction Walk Through The City of El Segundo shall schedule with the Contractor, its Subcontractors, JPG and the Homeowners and shall conduct a pre - construction walk- through for all homes in each bid package for the purpose of reviewing the existing conditions and scope of work as contained in the Contract Documents The JPG shall answer questions related to the work to be performed and issue a written summary of items discussed and conclusions reached Task 10.3 Review Submittals / Shop Drawings The JPG Team will receive protect submittals, shop drawings and technical information from the contractor to review conformance of information provided with the acoustical, architectural, and mechanical or ventilation concepts (as required) set forth in the Contract Documents, and as may be modified by the Pre - Construction Walk- throughs The City of El Segundo will coordinate the processing of all administrative submittals including bonds, insurances, and related contractual matters 0.31 City of El Segundo RESIDENTIAL SOUND INSULATION PROGRAM Scope of Services Document February 27, 2006 Task 10.4 Attend Construction Progress Meetings The City of El Segundo will conduct weekly construction progress meetings to be held at a to- be- determined location for each bid group The Contractor, all Subcontractors, Wyle staff and JPG will attend the meetings Meeting minutes will be recorded and distributed weekly by the City of El Segundo Task 10.5 Construction Observation The City of El Segundo's designated Construction Manager will be the primary point of contact with Contractors, Homeowners and City staff during the construction period The JPG Construction Administrator will conduct one site visit to each residence concurrent with Task 10 8 for all residences in the program JPG will schedule the visits in concert with Wyle to provide maximum opportunity to observe critical construction details and installations A Field Report will be prepared for each scheduled site visit documenting construction activity, status, and key observations Task 10.6 Review & Process Construction Changes The JPG Team will receive Requests for Information (RFI's) from Wyle Engineers, and will promptly render interpretations necessary for proper execution and progress of the work. Wyle's Construction Manager will coordinate closely with the City of El Segundo on RFI's that result in changes to the construction The City of El Segundo will prepare change orders Task 10.8 Substantial Completion Walk- through The City of El Segundo with assistance from JPG & Wyle Engineers will conduct a comprehensive walk- through for each residence to observe the work and to determine if the project is substantially complete and ready for punch list A Notice of Project Completion will be prepared for issuing to the Contractor, the homeowner, JPG, and Wyle TASK 11: PROGRAM EVALUATION AND CLOSEOUT Task 11.2 Post - Construction Acoustical Testing The JPG Team will conduct post - construction acoustical testing for those homes pre- tested and sound insulated by the program using the methodology established by the acoustical testing plan in order to verify that the performance of acoustical treatments meets the airport's program goals Test results will be recorded, and the acoustical engineer will prepare and execute a Certificate of Program Completion for each structure for forwarding to the FAA. Post - construction tests and findings will be added to the database Task 11.3 Prepare Final Program Report 03� City of El Segundo RESIDENTIAL SOUND INSULATION PROGRAM Scope of Services Document February 27, 2006 JPG will assist the City of El Segundo in the preparation of a Final Program Report for all participating dwellings that summarizes the program experience from a cost analysis, acoustical performance, and homeowner perceptions based upon both the pre -, and post -, construction survey TERM The term of this Contract shall be for the period commencing with the date of the executed contract and expiring not later than twenty -nine (29) months after said execution The term of this Agreement may be extended by the mutual written consent of City and Consultant 033 E 0) O IL c o a 09 0 O N d D = O A W O D N N m m L L d t0 O H O a b l "l I (A 0 0 0 LM rn rn a6 rn rn c� J O O M to b9 fA !9 O O o O N -c R N a N o N m O O to M H) to 6 c7 � N f7 E (D D O C cn 6 O t0 N d O fA » to fA 'J' z '= 3 o o O in y 0 Q o W M D_' V m w W W y LL K J M F y O D O Y O 3 y E rn a h j c o M N m V M N O � N cN) b l "l I (A 0 0 0 LM rn rn a6 rn rn c� J O O M to b9 fA !9 O O o O N -c R N a N o N m O O to M H) to 6 c7 � N f7 E (D D O C cn 6 O t0 N d O fA » to fA 'J' z '= 3 o o O in y 0 Q o W M D_' V m w W W y LL K J M F y O D O Y O 3 y E rn a h j c E h m E E Q m O d d LL C O N N d Q a co O O Q1 :l d U W H O z E a E J uj w W LL J Q O F- 034 035 SCHEDULE OF HOURLY BILLING RATES The City of El Segundo THE JONES PAYNE GROUP, INC POSITION 4101104 - 3/31105 4101105 - 3131106 4101106 - 3131107 4101107- 3131108 Principal -in- Charge $174 $183 $192 $202 Project Architect $137 $144 $151 $159 Construction Admin $86 $90 $95 $100 Project Manager $85 $89 $94 $99 Job Captain $56 $59 $62 $65 Drafter $50 $53 $56 $59 Resident Inspector $68 $71 $75 $79 Project Administrator $72 $75 $79 $83 035 laboraftrim February 27, 2006 To City of El Segundo 350 Main Street El Segundo, CA 90245 Attention- Mr James O'Neill Program Coordinator Proposal Number: 580.06.048 Subject Proposal for Construction Support Services Reference Request of February 16, 2006 Dear Mr O'Neill In response to the reference request, Wyle Laboratories is pleased to submit this Time and Material proposal for the estimated amount of $200,100 for the for continued Construction Monitoring and Oversight Services of the City of El Segundo's Residential Sound Insulation Program Schedule 1 details our costs by Tasks The costs included herein are for approximately a one year period depending on the extent of the service required by the City This proposal is valid for 90 days from the date stated above Terms NET 30 We look forward to continuing on this project Should you have any questions regarding the cost or contractual aspects of our proposal, please contact the undersigned. For technical matters contact Mr Steve Martin at 310 563 6616 Sincerely, Lloyd E Kosanke Contracts Manager Enclosures WYLE RESEARCH 128 Maryland Street, Et Segundo, Cahform 90245 -4100 Telephone (310) 322 -1763 FAX (310) 322 -9799 VJU Proposal Number: 580.06.048 27- Feb -06 CITY OF EL SEGUNDO Construction Monitoring and Oversight Services Schedule 1 Total Program Cost Direct Labor Title (Typical) Hours Rate/Hour($) Amount ($ Job Group 8 Program Mgr 388 16500 64,020 Job Group 7 Senior Engineer 960 12500 120,000 Job Group 6 Engineer 0 9500 0 Job Group 5 Senior Technician 120 75 00 9,000 Job Group 4 Technician 0 50.00 0 LABOR TOTAL 1468 193,020 Material (Cell Phones) 7,080 Subcontractor - None Anticipated 0 TOTAL MAT /SUB 7,080 TOTAL 200,100 MIMI 03 Proposal Number: 580.06.048 27- Feb -06 CITY OF EL SEGUNDO Construction Monitoring and Oversight Services Schedule 1 Costs/Hours by Task RFP Labor Grades* �$] Task Description 8 7 5 Hours Mat/DBE Total I Management 90 120 210 7,080 30,930 2 Meetings 90 90 0 14,850 3 Material Inspection 32 32 0 5,280 4 Daily Observation 32 360 392 0 50,280 5 RFI/RCO 24 40 64 0 8,960 6 Certified Payroll 24 360 384 0 48,960 7 Final Inspection 96 200 296 0 40,840 Estimated Costs 388 960 120 1,468 $7,080 $200,100 Per Bid Group: *Labor Grades 8 7 6 5 $50,025 Descriptions Architect/Project Manager Senior Engineer Engineer Technician i.s� W U .s 8 EL SEGUNDO CITY COUNCIL MEETING DATE: March 21, 2006 AGENDA ITEM STATEMENT AGENDA HEADING: COMMITTEES, COMMISSIONS & BOARDS AGENDA DESCRIPTION: Consideration and possible action regarding the announcement of the appointment of one candidate to the Capital Improvement Program Advisory Committee (CIPAC) RECOMMENDED COUNCIL ACTION: (1) Announce the appointee to the CIPAC, if any. and term of office, BA46(2) A'ternativel discuss and take other action related to this item RO D SDI$ Interviews of candidates to be held March 21, 2006 at 6 00 p m , and the appointment of the successful candidate to be announced, as follows Committee/Commission & Board # of Openings Apoo�nteels) T rm Exo�re(s) CIPAC ATTACHED SUPPORTING DOCUMENTS. N/A FISCAL IMPACT: N/A ORIGINATED: REVIEWED 11/30/07 Date: March 8, 2006 Date: March 2006 031) 3 EL SEGUNDO CITY COUNCIL MEETING DATE- March 21, 2006 AGENDA ITEM STATEMENT AGENDA HEADING: Reports of Committees, Boards, and Commissions AGENDA DESCRIPTION: Consideration and possible action on the Business Committee's recommendation for a new City web page to attract new businesses to El Segundo, in coordination with Shannon David, Inc , consultant for the project (No current fiscal impact Total project of $125,000 previously approved on March 15, 2005) COUNCIL ACTION: Recommendation (1) Receive and file presentation by staff and Shannon David, Inc, (2) Alternatively, discuss and take other action related to this item BACKGROUND & DISCUSSION. On November 15, 2005, a presentation was made to the City Council regarding Phase I of the new business attraction campaign with the consultant, Shannon David, Inc The design of forty (40) light pole banners for the Sepulveda Boulevard corridor was reviewed for Installation In December 2005 The banners have been In place on the median and sidewalk light poles on Sepulveda Boulevard between Imperial Highway and Rosecrans Avenue for three months Phase II of the campaign called for development of a new business - oriented web page to provide current and prospective enterprises in El Segundo with a complete range of interactive tools This site would allow interested parties to gather information about the City environment, send inquiries, communicate with City officials, locate local resources, and provide contacts to assist them Phase III deliverables include outdoor advertising on billboards to be installed at strategic locations within the Los Angeles metro area, as well as, placement of print ads in business journals in order to reach more businesses seeking to locate in El Segundo At this time the committee is bringing forward the recommended web site to Council for a review and progress report ATTACHED SUPPORTING DOCUMENTS: Selected web page screen shots from El Segundo Business Beta Site Operating Budget: $135,000 Amount Requested: None Account Number: 2401 -6214, 2401 -6201 Protect Phase: Presentation of phase II Appropriation Required: _Yes x No ORIGINATED O'Y. 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Mar 3/2/06 Health Comp 3,34061 Weekly claims 2/24 316/06 Cal PERS 323,086 01 PERS Health 3/9106 Health Comp 1,95591 Weekly claims 313 2110- 2/23/06 Workers Comp Activity 43,408 16 SCRMA checks issued 655, 986 28 DATE OF RATIFICATION: 3121106 TOTAL PAYMENTS BY WIRE: Certified as to the accuracy of the wire transfers by 655,986.28 2 'l 'h LaQ, 3 110/0(, Depu Treasofer A Date 3-/x-0 Date 3 Date( he City Treasurer's Office of the City of El Segundo REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, MARCH 7, 2006 - 5:00 P M 5 00 P M SESSION CALL TO ORDER — Mayor McDowell at 5 00 p m ROLL CALL Mayor McDowell - Present Mayor Pro Tern Gaines - Absent Council Member Boulgandes - Present Council Member Busch - Present Council Member Jacobson - Present Mark Hensley, City Attorney, announced that Council would be meeting in closed session pursuant to items identified on the agenda and that 54956 9(b) items were threats of litigation regarding the LAX RSI Program and Fransen relating to 916 Sheldon Street Mayor McDowell requested if there were no objections from other Council members that John Gaines be excused from the meeting tonight for medical reasons No objections noted CLOSED SESSION The City Council moved into a closed session pursuant to applicable law, including the Brown Act (Government Code Section §54960, et seq ) for the purposes of confemng with the City's Real Property Negotiator, and /or conferring with the City Attorney on potential and /or existing litigation, and /or discussing matters covered under Government Code Section §54957 (Personnel), and /or conferring with the City's Labor Negotiators, as follows CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Gov't Code §54956 9(a)) — 3 matters Pulido v City of El Segundo, USDC No 03CV7563 City of El Segundo v 2221 Park Place, LASC Case No BC319034 City of El Segundo v CTF2, Alaska, LASC Case No BC319033 CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code §54956 9(b) -4- potential cases (no further public statement is required at this time), Initiation of litigation pursuant to Government Code §54956 9(c) -0- matter DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957) — 0 matter CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957.6) -0- matter MINUTES OF THE REGULAR CITY COUNCIL MEETING MARCH 7, 2006 PAGE NO t U50 CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956 8) -1- matter Purchase of Real Property (Parcel Nos 4138- 004 -016 (primary parcel), 4138 - 004 -008 and 4138- 004 -015) City Negotiator Jeff Stewart, City Manager Property Owner Federal Express Corporation/Thomas Properties SPECIAL MATTERS — 0 matter Council recessed at 6 55 p.m MINUTES OF THE REGULAR CITY COUNCIL MEETING MARCH 7, 2006 PAGE NO 2 051 REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, MARCH 7, 2006 - 7.00 P.M. 7 00 P M SESSION CALL TO ORDER — Mayor McDowell at 7 05 p m INVOCATION — Pastor Roger Kinsey of Pacific Baptist Church PLEDGE OF ALLEGIANCE — Councilmember Eric Busch PRESENTATIONS — (a) Council Member Busch presented a Proclamation to the Tree Muskateers recognizing the important roles played by trees and the young people of our community in improving our hometown quality of life, proclaiming March 11, 2006 as California Arbor Day and inviting the community to plant "Trees to the Sea" in the Imperial Highway median strip from 9 00 a m to noon on March 11, 2006 (b) Council Member Busch also announced the presentation by Roy Craft (NRG) EI Segundo Power $10,000 to the Tree Muskateers for the purchase and maintenance of the new trees (c) El Segundo Rotary Club President Alex Sanchez presented a $5,000 donation to the City of El Segundo for sponsorship of the 2006 Annual Concerts in the Park series ROLL CALL Mayor McDowell - Present Mayor Pro Tem Gaines - Absent Council Member Boulgandes - Present Council Member Busch - Present Council Member Jacobson - Present PUBLIC COMMUNICATIONS — (Related to City Business Only — 5 minute limit per person, 30 minute limit total) Individuals who have received value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so identify themselves prior to addressing the City Council Failure to do so shall be a misdemeanor and punishable by a fine of $250 While all comments are welcome, the Brown Act does not allow Council to take action on any item not on the agenda The Council will respond to comments after Public Communications is closed Peggy Tyrell, resident, spoke regarding the internet sites listed by Mayor McDowell in the El Segundo Herald She also stated that she felt the Council deserves a raise, but the amount proposed is excessive She felt compensation of $600 would be sufficient Juli Potter, resident, spoke on the Council compensation Ordinance and she felt it was excessive MINUTES OF THE REGULAR CITY COUNCIL MEETING MARCH 7, 2006 PAGE NO 3 052 Liz Garnholz, resident, also spoke regarding Council compensation and she felt it was excessive Gail Church, resident, spoke on the Council compensation ordinance and expressed her support A PROCEDURAL MOTIONS Consideration of a motion to read all ordinances and resolutions on the Agenda by title only MOTION by Council Member Jacobson, SECONDED by Council Member Boulgandes to read all ordinances and resolutions on the Agenda by title only MOTION PASSED BY UNANIMOUS VOICE VOTE 4/0 COUNCIL MEMBER GAINES ABSENT B SPECIAL ORDERS OF BUSINESS C UNFINISHED BUSINESS D REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS Consideration and possible action regarding the setting of a date and time for interviewing candidates to the Capital Improvement Advisory Committee ( CIPAC) MOTION by Council Member Boulgandes, SECONDED by Council Member Busch to set date for Interviews of candidates to the CIPAC at 6:00 p m , Tuesday, March 21, 2006, to be continued to 6 00 p m, Tuesday, April 4, 2006 MOTION PASSED BY UNANIMOUS VOICE VOTE 410 COUNCIL MEMBER GAINES ABSENT E CONSENT AGENDA All Items listed are to be adopted by one motion without discussion and passed unanimously If a call for discussion of an item is made, the item(s) will be considered individually under the next heading of business 2 Approved Warrant Numbers 2552032 to 2552266 on Register No 10 in the total amount of $647,015 85 and Wire Transfers from 2/10/2006 through 2/23/2006 in the total amount of $1,320,922 71 Authorized staff to release Ratified: Payroll and Employee Benefit checks, checks released early due to contracts or agreement, emergency disbursements and /or adjustments, and wire transfers 3 Approved City Council Meeting Minutes of February 21, 2006 4 PULLED FOR DISCUSSION BY COUNCIL MEMBER JACOBSON. 5 Approved Professional Services Agreement No 3575 with Prosum, Inc to provide Information technology consulting and support services including a turnkey solution for both Active Directory migration and the setup of a new Exchange email server and other regularly scheduled services. (Fiscal Impact $55,700) Authorized the City Manager to execute the Agreement in a form approved by the City Attorney MINUTES OF THE REGULAR CITY COUNCIL MEETING MARCH 7, 2006 PAGE NO 4 053 Approved the amended Senior Building Inspector fob classification by the Planning and Building Safety Department (PBS) (Fiscal Impact $700) Adopted Resolution No 4458 establishing the new monthly salary range 7 PULLED FOR DISCUSSION BY COUNCIL MEMBER BUSCH, 8 PULLED FOR DISCUSSION BY COUNCIL MEMBER BUSCH 9 Approved amendment to existing Agreement No 3464 with CALTROP Corporation to perform construction Inspection of public infrastructure to be constructed in conjunction with the Plaza El Segundo Development (Fiscal Impact $60,000 amendment to be funded by developer, new contract amount = $1,825,475) Authorized the City Manager to execute. 10 Accepted a $5,000 donation from El Segundo Rotary for sponsorship of the 2006 Annual Concerts in the Park series and apply to the Recreation and Parks Department's Concert in the Park Trust Fund MOTION by Council Member Busch, SECONDED by Council Member Boulgarides to approve Consent Agenda Items 2, 3, 5, 6, 9 and 10 MOTION PASSED BY UNANIMOUS VOICE VOTE 4/0 COUNCIL MEMBER GAINES ABSENT CALL ITEMS FROM CONSENT AGENDA 4 Consideration and possible action regarding adoption of Ordinance No 1392 amending El Segundo Municipal Code § 1 -4 -3, City Council compensation, to increase the City Council's compensation to $900 per month (Fiscal Impact $25,020 annually) MOVED by Council Member Boulgarides, SECONDED by Council Member Busch too adopt Ordinance No 1392 amending El Segundo Municipal Code § 1 -4 -3, City Council compensation, to increase the City Council's compensation to $900 per month (Fiscal Impact $25,020 annually) MOTION PASSED BY THE FOLLOWING VOICE VOTE 3/1/1 AYES MCDOWELL, BUSCH AND BOULGARIDES; NOES JACOBSON; ABSENT: GAINES Council Member Busch requested his salary not be Increased during his current term 7 Consideration and possible action regarding award of contract to Tangram Interiors for office furniture for six workstations in support of the Residential Sound Insulation Program (Fiscal Impact = $24, 450 54) MOVED by Council Member Busch, SECONDED by Council Member Jacobson to waive the formal bidding process per the Municipal Code and approved the City's use of U S Communities, Fairfax County, VA, competitively solicited Master Agreement #RQ01- 411313 -16, for office furniture with Steelcase (manufacturer) and awarded Contract No 3576 to Tangram Interiors for office furniture for six workstations in support of the Residential Sound Insulation Program (Fiscal Impact $24,45054) MOTION PASSED BY UNANIMOUS VOICE VOTE 4/0 MAYOR PROTEM GAINES ABSENT MINUTES OF THE REGULAR CITY COUNCIL MEETING MARCH 7, 2006 PAGE NO 5 U�� 8 Consideration and possible action regarding the purchase of a new shuttle bus from Creative Bus Sales, Inc at a cost of $64,500 and approval to retire and surplus one used shuttle bus (Fiscal Impact $64,500 — AB 2766 Funds) MOVED by Council Member Busch, SECONDED by Council Member Boulgandes to authorize the purchase of a new alternative fuel shuttle bus from Creative Bus Sales, Inc at a cost of $64,500 (AB 2766 Funds) under the existing State paratransit bus purchase contract and authorized staff to surplus and sell one used shuttle bus at auction MOTION PASSED BY UNANIMOUS VOICE VOTE 4/0 MAYOR PRO TEM GAINES ABSENT F NEW BUSINESS G REPORTS — CITY MANAGER — NONE H REPORTS — CITY ATTORNEY — NONE REPORTS — CITY CLERK — NONE REPORTS — CITY TREASURER — NONE K REPORTS — CITY COUNCIL MEMBERS Council Member Boulgandes — 11 Consideration and possible action to Increase the compensation of the positions of City Treasurer and City Clerk to $1,300 /month and Increase the compensation of the members of the Planning Commission and the members of the Recreation and Parks Commission to $50 00 per meeting (Fiscal Impact $7,100 for FY 2005/2006, $14,200 annually) MOTION by Council Member Boulgandes, SECONDED by Council Member Busch to adopt Resolution No 4460 Increasing the compensation for the positions of City Treasurer and City Clerk to $1,300 /month as amended to read In Section 1A1 020 (A) and (B) (estimated to take 20 hours per week to complete) and the members of the Planning and Recreation and Parks Commissions to $50 00 per meeting MOTION PASSED BY UNANIMOUS VOICE VOTE 4/0 COUNCIL MEMBER GAINES ABSENT Council Member Busch —Spoke regarding Plate Scan Technology Requested a report from the Police Department on this new technology Council Member Jacobson — Reported on the Sanitation District tour he attended on composting and recycling Mayor McDowell — Reported on the Sister City trip to Guyamas MINUTES OF THE REGULAR CITY COUNCIL MEETING MARCH 7, 2006 PAGE NO 6 U55 12 Consideration and possible action regarding the City's position on AB 2015 (Lieu), a bill which expands municipal representation on the Southern California Air Quality Management District (SCAQMD) Board of Directors MOTION by Mayor McDowell, SECONDED by Council Member Busch to authorize the Mayor to execute and forward Resolution No 4459 supporting AB 2015 (Lieu) which enhances municipal representation on the SCAQMD Board of Directors MOTION PASSED BY UNANIMOUS VOICE VOTE 4/0 MAYOR PRO TEM GAINES ABSENT. PUBLIC COMMUNICATIONS — (Related to City Business Only — 5 minute limit per person, 30 minute limit total) Individuals who have receive value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so identify themselves prior to addressing the City Council Failure to do so shall be a misdemeanor and punishable by a fine of $250 While all comments are welcome, the Brown Act does not allow Council to take action on any item not on the agenda. The Council will respond to comments after Public Communications is closed Liz Garnholz, resident, requested Council to reply to questions she submitted during the earlier communications on Council compensation Requested information on the Thomas Properties bid Juli Potter, resident, spoke regarding the building of two story structures. She read a letter into the record regarding contractors being allowed to build seven days a week Requested a written response MEMORIALS — NONE CLOSED SESSION - NONE ADJOURNMENT AT 8 05 P M Cindy Mortesen, City Clerk MINUTES OF THE REGULAR CITY COUNCIL MEETING MARCH 7, 2006 PAGE NO 7 JO ) EL SEGUNDO CITY COUNCIL MEETING DATE. March 21, 2006 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda Consideration and possible action to retain URS Corporation to perform testing and analysis of soil and gas beneath proposed athletic field and fire station sites located along the north side of Mariposa Avenue between Nash and Douglas Streets (827 N Douglas Street) to update potential pollution risk assessments (Fiscal Impact- $36,150) RECOMMENDED COUNCIL ACTION: 1) Authorize the City Manager to sign a professional services agreement approved as to form by the City Attorney, 2) Alternatively, discuss and take other action related to this item BACKGROUND & DISCUSSION. The City of El Segundo plans on developing a soccer field and building a fire station on property formerly used for aircraft manufacturing Industrial chemicals were detected through phase I environmental assessments and identifies trichloroethylene among the chemicals detected beneath the site In 1997, the California Regional Water Quality Control Board, Los Angeles Region, issued a "No Further Action" letter for groundwater and indicated no objections to any development commencing at the site However, because risk assessment data was collected more than 10 years ago and uses data that is no longer considered to be the industry standard, new soil and gas data are recommended to re- validate risk assessment information to allow for the safe development of athletic fields and construction of a fire station on Mariposa Avenue, east of Nash Street (Continued on next page marked 'Background and Discussion" ATTACHED SUPPORTING DOCUMENTS: March 10, 2006 URS Proposal for Limited Soil and Soil Gas Investigation, 827 North Douglas Street FISCAL IMPACT $36,150 Capital Budget, $5,500,000 Amount Requested, $36,150.00 Account Number- 302 -400- 8202.8999 Project Phase Appropriation Required X Yes _No ORI INATED BY. DATE. March 15, 2006 e( , Steve Tsumura, nvironmental Safety Manager City Manager 0 5' 7 7 Background and Discussion (con't): Soil gas and soil samples will be collected using quality control /quality assurance mechanisms, and will be assessed using approved Department of Toxic Substances Control "Preliminary Endangerment Assessment" or PEA guidelines A risk assessment for residential application will be used for the Fire Station, and a modified risk assessment for a children's soccer field will be incorporated. The recommended testing represents a portion of the City's "due diligence" to ensure the purchase of an environmentally sound parcel, as provided for in the development agreement and purchase and sale agreement with Thomas Properties Group 05- 8 March 10, 2006 Mr. Steve Tsumura Environmental Safety Manager City of El Segundo - Fire Department 314 Main Street El Segundo, California 90245 SUBJECT: PROPOSAL FOR LIMITED SOIL AND SOIL GAS INVESTIGATION 827 NORTH DOUGLAS STREET EL SEGUNDO, CALIFORNIA Dear Mr Tsumura Per your request, URS Corporation (URS) is pleased to submit this proposal to conduct a limited sod dnd soil gas investigation at the subject area proposed for redevelopment at 827 North Douglas Street in the City of El Segundo Per information provided by the City of El Segundo, the area to be redeveloped into a soccer field and fire station consists of approximately 6 4 acres, which located in the southwestern portion of the greater site area The greater site area consists of approximately 46 acres and is bounded by Nash Street (to the west), North Douglas Street (to the east), Mariposa Street (to the south) and Atwood Way (to the north) The purpose of this investigation is to further evaluate current subsurface conditions in the area of the proposed soccer field and fire station and evaluate the potential human health risk based on the proposed land use at the site (i a fire station and soccer field) It is our understanding that time is of the essence in completing this work since the purchase of the property is currently in escrow and pending the results of this site investigation SCOPE OF WORK TASK 1 — Pre -Field Activities Prior to field activities, URS will conduct the following pre -field activities • Coordinate field logistics (staff, equipment, and subcontractors) • Prepare a site- specific health and safety plan to address hazards associated with the soil and soil gas investigation • Prepare a quality assurance protect plan to ensure the reliability and comparability of all data generated during the limited investigation • Mark and clear each boring and sod gas location prior to field activities A geophysical survey will be used to clear each proposed location URS Corporation 915 Wilshire Boulevard, Suite 700 Los Angeles CA 90017 -3437 Tel 213 994 2200 Fax 213 996 2458 w urscorp com Mr. Steve Tsumura Proposal for Site Review/Evaluation 827 North Douglas Street March 10, 2006 Page 2 • Contact underground service alert (USA) 48 -hours in advance of field activities to allow the appropriate agencies and companies to mark the locations of their underground utilities TASK 2 — Field Investigation The field investigation will consist of a sod gas and soil investigation to further evaluate subsurface conditions in the area of the proposed soccer field and fire station The soil gas investigation will consist of installing six soil vapor probes and advancing six soil borings The details of each component of the field investigation are provided below Soil Gas Invests ag_tion URS will advance six soil vapor probes (SG -1 through SG -6) at the site using a direct push drill rig Four soil gas probes will be installed in the vicinity of the proposed soccer field Focal areas include the north central portion of Former Building 131, the east and west ends of Former Building 133, and the western end of Former Building 135 The other two soil gas probes will be advanced in the footprint of the proposed fire station The proposed locations of the soil gas probes are presented on Figure 1 (attached) The rational for placement of each soil vapor probe is presented in Table 1 (attached) A hydraulic hammer will be used to advance a core barrel equipped with a post run tubing (PRT) sampling tip capped with a detachable anchor point Upon reaching the desired sample depth, the probes will be pulled up approximately six inches allowing the anchor point to detach, Thereafter, flexible tubing will be advanced down the core barrel and screwed into the PRT sampling tip using an "O -ring" sealed tube adapter The core barrel will be removed from the boring, leaving the anchor point and implant at the bottom of the boring A soil vapor sample will be withdrawn from the probe tubing using an oil -less vacuum pump and immediately transferred to the mobile lab for injection into a gas chromatograph/mass spectrometer for analysis of VOCs by EPA Method 8260B, which is consistent with the DTSC /LARWQCB Advisory Soil gas samples will be collected at 5 and 15 feet bgs For the purposes of cost estimating, a total of 16 soil gas samples (12 primary, two purge volume samples and two duplicates) are budgeted for analysis One duplicate sample will be collected for every 10 samples, or 10% of the total sample number In addition, duplicate samples will be collected in Summa canisters and analyzed for VOCs using US EPA Method TO -15 Soil Investigation URS will advance six soil borings (SB -1 through SB -6) using a Geoprobe 5400 direct push drill rig Four soil borings will be installed in the vicinity of the proposed soccer field G 'RemedQ9402104 Crti of rl f El Segundo P.po l_011006 doe U Mr Steve Proposal Tsu for tc ,, Pa ch 10 2OO glasStre t valuation age 3 6 t<e Focal areas u ��nclude the no he born advanc 133 and pie central Aortio Wes n a Acs need in T senkci n f °tPrint Of the end o fF�rn°rtner �uildi o Ciar'ng drilling ble I �attac lgnre I iatt proposed firer Build rn nb 131, the retr hed ache e s . g 135, east actable operations, ) d) The rat tahon The The other and Wet e sat pler Will Piston a h Tonal Pro tw end n Therslaer eta e s e� upon d intochl gd the 1deslrmmCr will for Piacem�nt o fea h ons Soil o fill �bs to mpie evllecntainr g th�24,inc tli$ rsp t° c° Cat satnP]e be tiled t° ad sail boring is gSm co iron, n Sot! he c Ile the sa depth, the a ante g I} wt11 length) as mpie, gist a c and 21 Purposes a piing drdG then be re the core b Sol] will on wrU be ore barrel u h p1 9-, se/.- 6.24 and 26ing'i�ersalsitte o °nlifu rn the samadvan ed h� en into a °Iknd a d tthe teOSvcred back into ap$ t ftsect, ewb�ti to mac feet bps re soil Dame/ for lgggith ofthe seuynside end reared ontil the det e e eu bgri deCOntamrnatlotandth deAhgfe$cfeetbglelq ill he Coll eosesand bq mum During 1 °cation, each 'red bori11j, deAddttignal section and addends covered Wh hOrmg will d 16 feet b ed for boring nucl d acttvltias, rehole W111 be bas reache s of od new slee e the °n Mshcet Pproximdte� 9 depth; htholber and I " e followin ckfilled H,ithPon cc, )Ictere added a Sample ha and Capped ad th an�Caa�e) ln�uh�ecription'ronlhfig Method trop will beet tOnite chips to drilling ac viproc ssl!/ be oiseglorah n Un'sture totem , Particle/ accordance le jdentlficatc to dOC mede surface es at each s°bl rebealth and nsua odors, nt descrl size and With the p on numbe nt the site " oii the b r�°g ogsitorir'g s �d pP/d readin�Y t siblelo yldnc or dius n the ficat�n in, IgatiOn. Sestsample Sall Cuthn sampling gsc and deCOntamin screen "ng duhPngtol l iza4pn r SSol] Cont, nl( loll co/orf Fria Wfil n U O to 1° water be d r s�Pling Ply sac w ll be ale, 0 Soil .1amplestselectedsamPles Per boring disposal. will stare n dings Will be SS, will vary 9 1nbserved and s °bmntedr ag w111 be cone gallgn drutns Pe n nd; Soil Sal r] each boring and Plb reaciln lea/ anclted and sub g waste Profile nstituent Collette gs% Ther YSIS will b mitred for chern Total peboleun7 xlYdrtl1e Feld for thermal anal the depths at Which samp bservat lsis ohe °carb Ysis wit are co i l] ors C arbor Chain Analysis i7pf be anal yZed f the foil itted qr IIo n °e) bYEPA f � �IethOd Sd 1 SM 4 ,rQe�d'- 90GSip,1 CuY of EJ 5e p 5 �ndo,AnPo n ➢Crtv ofEl "�^`�il G3r0G5 tloc Mr Steve Tsumura Proposal for Site Review /Evaluation 827 North Douglas Street March 10, 2006 Page 4 • Volatile Organic Compounds (VOCs) by EPA Method 8260B/5035 • Title 22 (CAM 17) Metals by EPA Method 6010B/7470A • Polynuclear Aromatic Hydrocarbons (PAHs) by EPA Method 8310 (for samples containing TPH greater than 100 mg /kg) • Polychlorinated Biphenyls (PCBs) by EPA Method 8082 (for samples containing TPH greater than 100 mg/kg) For the purposes of cost estimating, up to 14 soil samples (12 primary and two (2) duplicates) and two (2) water samples (one (1) trip blank and one (1) field blank) are budgeted for analyses The trip blank and field blank samples will be submitted to evaluate quality assurance and quality control procedures However, the exact number of samples will be based on the results of the field activities All samples will be analyzed on a 5 -day turn around time basis One duplicate sample will be collected for every 10 samples, or 10% of the total sample number This proposal does not include a groundwater investigation During 1995, the Los Angeles Regional Water Quality Control Board issued a case closure letter for the site. TASK 3 — Reporting Following completion of the field activities, URS will provide a letter report to the City of El Segundo documenting results of the field investigation The report will include the following information • Site map, boring logs, certified laboratory data, waste disposal manifests • Summaries of field observations, sampling procedures, and analytical results • Human health screening evaluation to be conducted in accordance with the DTSC's PEA Guidance Manual (January 1994, Second Printing, June 1999) • Conclusion and recommendations for the proposed redevelopment area based on proposed land use SCHEDULE AND COST Site activities can commence immediately upon authorization of this proposal Within two weeks following completion of the field activities, the letter report summarizing the results of the C MR ,medd9,102304 Cth of EI S,gundo,Pmposn110ry of El Seggmdo P,,.,,1_031006 d.c i� 6� Mr Steve Tsumura Proposal for Site Review /Evaluation 827 North Douglas Street March 10, 2006 Page 5 investigation will be prepared and submitted to the City of El Segundo Verbal communication will be provided during the investigation The total estimated cost to complete these activities is $36,117 A detailed summary of the estimated costs is presented in Table 2 This cost estimate assumes the following • The field investigation will take no more that two full working days • URS field staff have unlimited access to the area proposed for redevelopment • Soil samples will be analyzed on a 5 -day turn around time basis • Up to 14 soil samples are submitted for chemical analyses as presented in Task 2 • One field blank water samples are submitted for chemical analysis as presented in Task 2 • One trip blank water sample is submitted for chemical analysis as presented in Task 2 • Up to 16 soil gas samples are submitted for chemical analyses as presented in Task 2 CLOSING URS appreciates the opportunity to provide environmental consulting services to the City of El Segundo If you have any questions regarding this proposal, please do not hesitate to call either of the undersigned at (213) 996 -2200 Sincerely, URS CORPORATION Al AMh ou P E Brian Saco C HG Principal Engineer Principal Scterttist Vi President Attachment— Figure 1 — Site Plan Table 1 — Sample Rational Table Table 2 — Cost Summary G �'Remedi29402304 Cm of El SegundoToopo a]'Cr, of El Segmido Propmal_031006 doc 063 BE 234 91 192 132 151 ----------------------- ;- - --' --' -------------------'- ------- -------- - -- -' 0 200 APPROXIMATE SCALE IN FEET NORTH DOUGLAS STREET 1lSB -1 'SG- SG- 2 /SB -2 D BDUINMY PROPOSED o FIRE STATION BUW.. INOT TOSWLEI MPROX EX4gVAT10N BOUNDARY "3 0181771 D PROPOSED SOCCER FIELD ( 93 133 �0� ;B733 -4 (20( a9so19 a93a18 SG- 6/SB -6 a 131 a 3 -030( #9932 a {[Jj 03 -021 NASH STREET SITE PLAN 827 NORTH DOUGLAS STREET EL SEGUNDO, CALIFORNIA 9 (78; DULEY ROAD R 9UBIELTpgOPER}V BDUINMY 132 APPROX LOCATIONS OF FORMER -- - - - - -� BUW.. INOT TOSWLEI MPROX EX4gVAT10N BOUNDARY "3 0181771 APPROX FORMER UST LOWTION SG SI$B 5# PROPOSED 9.FO* LoC'. 8131 7(93)0 PREVIOUS BORING LOCATIONWI TOE COMC IN$OIL Iu;M W 5585 FT BDS _il I 664 TABLE 1 Sample Rational Table (Soil and Sod Gas) City of El Segundo 827 North Douglas Street El Segundo, California Soil Gas Locations SAMPLING SAMPLE DEPTH SOIL GAS LOCATION RATIONALE LOCATION (ft -bgs) SG -1 5 Assess the potential impacts below the proposed fire station 15 structure near former UST (93 -041) SG-2 5 Assess potential impacts below the center of the proposed fire 15 station structure SG -3 5 Assess the potential impacts from former USTs (93 -047 and 89- 15 410) TOE was detected at 2,000 uglkg between 55 to 60 feet SB -2 TBD bgs sod from an adjacent exploratory born SG-4 5 Assess the potential impacts from former USTs (93 -020, 89 -022, 15 and 89 -023) TCE was detected at 260 ug /kg at the base of the excavation in post remediation confirmation samples collected in SB -3 TBD this area SG -5 5 Assess sod vapor conditions at the edge of excavation where 15 TCE was detected at 93 uglkg between 55 to 60 feet bgs in soil SB -4 TBD collected from an adjacent ex loratory boring SG -6 5 Assess sod vapor conditions in non- remediated areas and in the 15 wcm(ty of former UST 93 -018 Soil Boring Locations SAMPLING SAMPLE DEPTH SOIL BORING LOCATION RATIONALE LOCATION (ft -bgs) SB -1 TBD Assess the potential impacts below the fire station near former UST (93 -041) There is no historical sod data for the area proposed for development as the fire station Therefore, this soil boring will serve as a verification boring to evaluate the presence of contamination potentially originating from former UST 93 -041 SB -2 TBD Assess the potential impacts below the fire station near former UST (93 -041) There is no historical soil data for the area proposed for development as the fire station Therefore, this sod boring will serve as a verification born SB -3 TBD Assess the potential impacts from former USTs (93-047 and 89- 410) Post remediation confirmation samples indicated the presence of TCE at 55 to 60 feet bgs in this area SB -4 TBD Assess the conditions of the backfill material SB -5 TBD Assess soil conditions at the edge of excavation where TCE was detected at 93 uglkg between 55 to 60 feet bgs in soil collected from an ad acent exploratory boring SB -6 TBD Assess sod conditions to non- remediated areas and in the vic nity of former UST 93 -018 VVJ TABLE 2 COST SUMMARY • SITE INVESTIGATION 827 North Douglass Street El Segundo, California March 10, 2006 URS LABOR COSTS TASK 1 TASK 2 TASK 3 Pre -Field Activities Field Investigation Reporting TOTAL TOTAL STAFF CATEGORY RATE untts/Hrs Cost UnitsMrs Cost Units /lire Cost UNITSIHRS COST Project Principal Engineer /Scientist/Manager $16500 20 $330 20 $330 40 $660 80 $1,320 Senior Project Engineer /Scientist $13500 100 $1,350 60 $810 120 $1,620 280 $3,780 Project Engineer /Scientist $12000 40 $480 200 $2,400 350 $4,200 590 $7,080 Assistant Project Engineer /Scientist $10000 00 $0 Go $0 40 $400 40 $400 Senior Staff Engineer /Scientist $8500 200 $1,700 200 $1,700 200 $1,700 600 $5,100 Staff Engmeer/Scienbst $7500 00 $0 00 $0 00 $0 00 $0 Technician $68 00 00 $0 00 $0 00 $0 00 $0 Drafter/Illustrator/Technical Editor $6500 40 $260 00 $0 40 $260 80 $520 Clerical/Word Processor 1 $6000 40 $240 1 00 $0 2 0 $120 60 $360 URS Labor Cost Subtotals 4401 $4,360 1 4801 $5,240 81 0 $8,960 173 $18,560 REIMBURSABLE EXPENSES - ITEM RATE Vehicles - Personal $0360 00 $0 00 $0 00 $0 $0 Vehicles -per day $6500 1 0 $65 20 $130 00 $0 $195 Haz -Waste Kit (per day) $3000 00 $0 20 $60 00 $0 $60 Dust Monitor (per day) $12000 00 $0 00 $0 00 $0 $0 XRF Instrumentation +Supplies /day $30000 00 $0 00 $0 00 $0 $0 Organic Vapor Analyzer, per day $12000 00 $0 20 $240 00 $0 $240 Electric Rolorhammer Soil Sampler /day $25000 00 $0 00 $0 00 $0 $0 Misc ODCs (All inclusive) 00 $131 00 $262 00 $448 $841 Communications 3% of Labor $131 $157 $269 $557 Reimbursable Expenses Cost Subtotal §327 $849 $717 $1,893 SUBCONTRACTOR COSTS SUBCONTRACTOR RATE FIELD WORK Soil Gas Survey - Geoprobe & Mobile Lab /Day $3,500 00 $0 10 $3,500 00 $0 $3,500 Geoprobe /Drilling Sod sampling /Day $1,550 00 $0 10 $1,550 00 $0 $1,550 Geophysical Survey $1,400 05 $700 0 0 $0 00 $0 $700 VOC by TO -15 Analysis - 5 day TAT $20000 00 $0 20 $400 00 $0 $400 6 -liter Summa Canisters $3500 00 $0 20 $70 00 $0 $70 Title 22 Metals by 601OB17470A - 5 day TAT $9500 00 $0 140 $1,330 00 $0 $1,330 PCBs by 8082- 5 day TAT $7500 00 $0 140 $1,050 00 $0 $1,050 PAHs by 8310 -5day TAT $16000 00 $0 140 $2240 00 $0 $2,240 VOCs EPA 82608/5035 - 5 day TAT $9000 00 $0 140 $1,260 00 $0 $1,260 VOC EnCore prep and supplies $3000 00 $0 140 $420 00 $0 $420 TPH -cc (C7 -C36) EPA 8015M- 5 day TAT $5500 00 $0 140 $770 00 $0 §770 Title 22 Metals by 6 01 0 8174 7 0A - 5 day TAT $9500 00 $0 20 $190 00 $0 $190 PCBs by 8082- 5 day TAT $7500 00 $0 20 $150 00 $0 $150 PAHs by 8310 -5day TAT $16000 00 $0 20 $320 $0 $320 VOCs EPA 8260B/5035 - 5 day TAT $9000 00 $0 20 $180 00 $0 $180 PH-cc (C7 -C36) EPA 8015M- 5 day TAT $5500 00 $0 20 $110 00 $0 $110 URS Subcontractor mark -Up 10% 1 $0 11 00 $70 1 00 $1,354 1 00 $0 $1,424 SUBCONTRACTOR COST SUBTOTALS $770 $14,894 $0 §15,664 TASK SUBTOTALS $5,457 $20,983 $9,677 $36,117 TOTAL PROJECT ESTIMATED COST $36,117 T 11999,57 099700 42 LAUSD,ADMINWrowsals \Gen LA MS s4slQly of EL Segundo Cost E5t_031006 xis PunWele. Date 311012006 0 tlG EL SEGUNDO CITY COUNCIL MEETING DATE: March 21, 2006 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action regarding the award of a contract to Belalre -West Landscape, Inc for the re- grading and renovation of the Driving Range at the Lakes Golf Course (Fiscal Impact $368,760) RECOMMENDED COUNCIL ACTION- Recommendation (1) Award the contract to Belalre - West Landscape, Inc, (2) Authorize the City Manager to execute a public works contract with Belalre —West for $368,760 (3) Alternatively, discuss and take other action related to this item BACKGROUND & DISCUSSION- This project is a result of the City Councils appointed Golf Sub- committee's recommendation to use funds from the refinancing of the golf course bonds to purchase capital items and perform capital improvement projects that are needed at the Golf Course Continued..... ATTACHED SUPPORTING DOCUMENTS: Bid Responses FISCAL IMPACT $368,760 Capital Improvement Program- $ 568,200 00 Operating Budget Account Number: 501 - 400 - 5301 -8104 Project Phase, Award Contract Appropriation Required. Yes (Proceeds from the Golf Course Bond Refinancing) ORIGINATED: '�T&j tttt'- ------ DATE: -3 _ ` '3 W ('67 Background and Discussion (con't): With Council's approval at the February 7, 2006 City Council meeting, staff prepared Contract Documents and Specifications and went to bid for Project No PW 06 -03 Golf Course Improvements The scope of work includes removing all old artificial turf and regrading driving range Install new irrigation system and replacing artificial turf with natural turf Natural turf to be sod, so that the down time on the driving range will be shorter Entire project should be completed in 45 working days. On February 28, 2006, two contractors provided bid responses for the project, Belaire -West Landscape Inc , project cost $368,760 and Eagle Golf Construction, project cost, $391,130 Staff recommends awarding the contract to Belaire - West Landscape Inc The evaluation criteria used to select the contractor included, (1) Quality & Completeness of Bid, (2) Corporate Capability, (3) interviews with General Manager, Superintendent and Job Foreman, (4) Belaire - West provided the lowest bid 068 CITY OF EL SEGUNDO BID LOG BID NO. #PW 06.03 City of El Segundo Refurbishment of the Driving Range at the Lakes Golf Course at El Segundo Date of BID Opening Tuesday, February 28, 2006 Time of RFP Opening- 11:00 A M. I Place of RFP Ooemna Citv Clerk's Office L COMPANY NAMEIADDRESS BID Oft finals 1 Belaire -West e, Landsca p Inc PO Box 6270 Buena Park, Ca 90622 -6270 °O $ 3b8, t, a / Ps 2 Eagle Golf Construction, Inc PO Box 747 Yorba Linda, Ca 92885 -0747 ? 4 i 1,30 e J , 3 4 5 6 7 8 9 10 Staff Present FORMS \B[MOPENLOGI City Clerk's Office City Clerk's Office Public Works, Representative Parks, Representative 069 EL SEGUNDO CITY COUNCIL MEETING DATE. March 21, 2006 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION Consideration and possible action to award a Public Works Contract to Trueline for the surface refurbishment of seven (7) tennis courts and a basketball court at Recreation Park (339 Sheldon Street) in the amount of $31,960 Approved Capital Improvement Project - Project No PW 06 -02 - (Fiscal Impact = $36,754 contract and contingency) RECOMMENDED COUNCIL ACTION Recommendation — (1) Authorize the City Manager to execute a public works contract with Trueline in the amount of $31,960 to refurbish tennis and basketball courts at Recreation Park, 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. None FISCAL IMPACT- Operating Budget Capital Improvement Program, Amount Requested Account Number Project Phase Appropriation Required* $40,000 $36,754 (Contract plus 15% contingency) 301- 400 - 8202 -8644 Award of Contract No ORIGINATED BY DATE March 7, 2006 St ven Fenton, Director of Public Works DATE. 3/1�, 06 -03 -21 Rec Park Courts r 070 BACKGROUND & DISCUSSION: (continued) On February 7, 2006, the City Council adopted the plans and specifications and authorized staff to advertise the protect for competitive bids On March 7, 2006, the City Clerk received and opened one bid from Trueline in the amount of $31,960 Trueline has performed similar protects for the cities of Laguna Beach, Buena Park, Santa Maria, Escondido and Ridgecrest City of El Segundo received excellent references from other agencies for protects completed by Trueline Staff recommends award of a Public Works Contract to Trueline for $31,960 The amount requested includes the total bid and an additional 15% for potential change orders due to unforeseen conditions Uzi EL SEGUNDO CITY COUNCIL AGENDA ITEM STATEMENT MEETING DATE: March 21, 2006 AGENDA HEADING: Consent Consideration and possible action to approve a Professional Services Agreement with BOA Architecture in the amount of $31,200 for professional architectural design services for the remodel of the Human Resources office, the relocation of the City Attorney's office, completion of the West Conference Room and new seating and carpeting in the City Council Chambers (Fiscal Impact = $34,320 consultant agreement and contingency) RECOMMENDED COUNCIL ACTION: Recommendation — (1) Authorize the City Manager to execute a Professional Services Agreement approved as to form by the City Attorney with BOA Architecture in the amount of $31,200, and (2) Alternatively discuss and take other action related to this item BACKGROUND & DISCUSSION- The City Hall Remodel Project is a multi- phased effort to modernize and make more effective use of the existing footprint of City Hall. The first phase was completed in June 2003 and included improvements to the east and west garden areas (downstairs), the Planning /Building & Safety /Public Works /Business License counters and lobby area, and the finance offices Phase 2 of the project was to consist of relocation the Human Resources Division to the West Conference Room area and the construction of a new West Conference Room in an adjacent space This effort was deferred while consideration was given to refurbishment of the Council Chambers see "Background and Discussion" on ATTACHED SUPPORTING DOCUMENTS BOA Architecture Scope and Fee Proposal FISCAL IMPACT: Operating Budget: Capital Improvement Program Amount Requested: Account Number: Project Phase: NA $835,200 $34,320 (agreement plus 10% contingency) 301 - 300 - 8201 -8475 Design No ORIGIN TED Y: DAT ��y�� C4 is F,n4nn rl,ronfnr of P, d�Lr \Alnr4c I,T114 BACKGROUND & DISCUSSION: (continued) In February 2003, the City solicited requests for proposals for the design of the Council Chambers and the replacement of City Hall windows Seven proposals were received and BOA Architecture (BOA) was deemed to be the most qualified. On May 20, 2003, City Council awarded a consultant agreement to BOA in the amount of $25,900 A subcommittee was established to review the different concepts developed by BOA, but in the end, the project was placed on hold and the agreement with BOA expired. BOA's performance under that agreement was very good Upon recent reconsideration of the needs at City Hall it is recommended that portions of the Phase 2 be modified and combined with elements of the Council Chambers refurbishment as follows ➢ West Conference Room - Leave the West Conference Room in its current location Remove the partition wall at the south end to enlarge the room and provide accoutrements to house high -level meetings. Under the original concept for Phase 2, the West Conference Room was to be relocated immediately east of its present location into what is now the financial office of the Administrative Services Department. That concept included removal of a structural column and costly structural modifications consisting of new beams, columns and footings. The recommended proposal will provide a larger conference room and will avoid the extensive structural modifications required under the original concept for Phase 2 ➢ City Attorney's Office - Relocate the City Attorney's office to the room immediately west of the West Conference Room and provide a door for access from the main corridor This arrangement will provide a more spacious environment for the attorney in a location close to the City Manager and Council offices ➢ Human Resources and Employee Lunchroom - Remodel the Human Resources and Employee Lunchroom areas as follows: o Remove the corridor to the lunchroom to add square footage to the Human Resources office. o Construct a new access to lunchroom from the main comdor o Reconfigure partition walls in Human Resources to provide a separate office for the manager and a dedicated conference room for candidate interviews from space vacated by the City Attorney This arrangement will provide more space for Human Resources operations which is currently housed in cramped quarters The proposal will also provide a dedicated interview facility that will lessen demand on the West Conference Room. ➢ City Council Chambers - Install new carpet and seating in the Council Chambers The agreement with BOA will provide plans and specifications for the improvements described above. The estimated cost of this construction is $250,000 Video and sound system upgrades previously contemplated for the Council Chambers will be accomplished through a separate design and installation effort 67 3 02/28/2006 17 24 FAX 310831 I ebniary 28, 2006 4656 BUA Arcnizecuure Architecture Sernrn` _ City o1E1 Segundo City Hall 350 Main Street El Segundo, CA 90245 EiTT Steven Fmton Director of Public Works RE Fee Proposal for Renovations to City Hall Dear Mr Fmton BOA is pleased to present this fee proposal for a renovation of office spaces, toilet rooms and council chambers as discussed during our site meeting held of Jan 26 -06 Below is a summary of the project scope of work as I understand it Please do not 1-esitate to revise as you see fit u 1i3rTTRA 1 1 Human Resources Demo Some Walls Remove existing passage Install new corridor to Lunch Rm Remove Cot Rm 2 Conference Room Dress -up the existing Conference Rm Demolish wall between Conf Rm and off on outsidewall Add mini-kitchen Add A V equipment space 3 New Attorney's Office (Next to Conference in) Add new door leading from Main Corridor to Office 4 Council Chambers New Seating New Carpet (Sound System be the City) 5 Toilet Rooms (Adjacent to Council Chambers) Complete renovation of the Men's and Women's Toilet Rooms to make Accessible (ADA Compliant) 6 Drinking Fountains Change existing drinking fountains to make them Accessible. FEB -28-2006 17.21 3106314656 96% o 7 li P 02 02/28/2006 17 25 FAX 3108314656 BOA AretiltectUre For the above scope we estunate an approximate construction cost of S250 000 Our Fee Proposal covers full 4zchittctural/F-ngmeenng Services from schematic design through construction services If full construction services are not required the fee can be adjusted accordingly Total Fixed fee: 531,200 See the attached FIXED FEE SCHEDULE of a breakdown of the fee Sincerely, % }6rry St�un�, Architect FEB -28 -2006 17 23 3108314666 99% 075 P 03 02/28/2006 17 25 FAX 3108314656 BOA Archltecture FIXED FEE-El Segundo City Hall Remodel ror City of E I Segunco by Jerry Sturm, Architect BOA Architiecture date February 28, 2006 Approx Construction Cost Estimate $250,000 DESIGN & CONSTRUCTION PHASE SERVICES an client mtg tc ascertain program, scope of work 4 hrs 130 520 electrical project management, consultant coordination 2 hrs 130 260 site analysi<,photos,code check,site measurema 2 hrs 130 260 1,040 SCHEMATIC DESIGN (PRELIMINARY DESIGN PHASE) Schematic Design 8 hrs 13D 1,040 CADD 12 hrs 78 936 project management, consultant coordination 4 hrs 102 408 1- meetings with City staff 3 hrs 130 390 refine schernatic design per client comments 2 hrs 102 204 preliminary cost estimate 0 hrs 102 0 2,978 CONSTRUCTION DOCUMENTS refine scheratic design w consultant input 4 hrs 130 520 CADD to re -me schematic design 4 hrs 78 312 T1 title sheet,budding data,plot plan,general not( 6 hrs 78 458 Al sheet30, 42,site plan, demo plan 10 hrs 78 780 A2 sheet 3Cx42,floor plan,ceding plan 30 hrs 78 2,340 A3 sheet 3Cx42, enlarged plans schedules 20 hrs 78 1,560 A4 sht 30x42 wall sections,mtenor elevations 20 hrs 78 1,560 AS sht 30x42, construction details 15 hrs 72 1,080 AS sht 30x42,b1d9 dept notes, access complian 10 hrs 72 720 project management 16 hrs 102 1,632 compile draNmgs at75 %,95% 10 hrs 72 720 compile specs at 95% 8 hrs 102 816 resolve client corrections /comments 10 hrs 102 1,020 bldg dept corrections /submittals /resubm(ttal 8 hrs 90 720 client meetings -one 3 hrs 130 390 compile cost estimate at 75% 4 hrs 102 408 quality Conti of review at 95% 8 hrs 102 816 15,862 CONSULTANTS structural -none anticipated 0 mechanical, plumbing 1,500 electrical 1,000 soils report 0 environmental lab - asbestos testing /report 0 Lighting, AudiolVisual Design Consultant 0 2,500 TOTAL DESIGN PHASE FEE $22,380 CONSTRUCTION PHASE SERVICES HOURS UNIT HR RATE COST TOTAL TOTAL BIDDING pre -bid meeting -none 0 hrs 130 0 resolve questions, addendums 4 hrs 130 520 520 076 FEB -28 -2006 17.23 3108314656 97% P.04 02/28/2006 17 27 FAX 3108314bbb nUa nrculLeCLuie CONSTRUCTION ADMINISTRATION pre- constru,:tion meeting -one /--site mtgs 3 hrs 130 390 15 hrs 130 2,080 RFI /submittals /shop dwg, 2 -nrs per week for 24 48 hrs 102 4,896 record CADD drawings -none 6 hrs 78 468 7,834 MISC EXPENSES blueprints 220 color render tng, scale model 0 photos, pnotocopy of specifications, mist photocopies, courier, mail /delivery 246 466 FEE FOR REIMBURSIBLES, BIDDING & CONSTRUCTION ADMIN $8,820 TOTAL FEE $31,200 NOTES AND RESTRICTIONS 1 Scope of Work based on Site Conference with Mr Finton on Jan 26, 2006 2 Civil survay, Soils Report, Hazardous materials Report, Civil engineering, Audio /visual and landscape architecture are 3 BOA reserves the right to renegotiate fees due to delays 4 BONS Fee is based on early estimate of construction cost of $250,000 5 Bluepnnt!, for Bidding are NOT included FES -28 -2006 17 25 31OB314656 97% 077 P 05 EL SEGUNDO CITY COUNCIL MEETING DATE: March 21, 2006 AGENDA ITEM STATEMENT AGENDAHEADING: COnsentAgenda AGENDA DESCRIPTION Consideration and possible action to approve a Facility Relocation Agreement with the Los Angeles County Flood Control District for the relocation of a 45 " water main and the grant of an easement for the County Waterline in City property, in conjunction with the Douglas Street Gap Closure Project (Fiscal Impact — None) RECOMMENDED COUNCIL ACTION: Recommendation — (1) Authorize the City Managerto execute a Facility Relocation Agreement with the Los Angeles County Flood Control District, (2) Authorize the City Manager to execute an easement document granting a pipeline easement to the Los Angeles County Flood Control District, and /or (3) Alternatively, discuss and take other action related to this item BACKGROUND & DISCUSSION- The Los Angeles County Flood Control District (County) owns and operates a network of water pipelines and infection wells along the South Bay coastline This system, named West Coast Basin Barrier Protect, injects fresh water into the ground water basin to prevent contamination of the aquifer by sea water intrusion and discussion continued on the next SUPPORTING DOCUMENTS* 1- February 7, 2006 Letter from the County 2- Map of Easement 3- Facility Relocation Agreement 4- Easement Document FISCAL IMPACT- Operating Budget* NA Capital Improvement Program: NA Amount Requested, NA Account Number* NA Project Phase: NA Appropriation Required: NA ORIGINATED BY. DATE- Ste en Finton, Director of Public Works U7$ 06.03 -07 Cty L A Fac Reloc Agree 1 1 BACKGROUND & DISCUSSION: (continued) Facility Relocation Easement - A 45" diameter barrier pipeline runs through the Douglas Street Gap Closure project area and must be relocated to make way for the new roadway The City secured a permit from the County to relocate this pipeline and the relocation work has been included in the City's current construction contract The permit requires the City to enter into the recommended Facility Relocation Agreement (Agreement) The main points of the Agreement are as follows ➢ The City shall relocate the County's pipeline at its sole expense ➢ The City shall grant a pipeline easement to the County for operation and maintenance of the pipeline along the final alignment. This easement shall provide priority rights over easement rights possessed by the City Grant of Easement - The existing County pipeline is in easements within City, Railroad and Edison properties The County has permitted the City to relocate their pipeline provided that the City grant the County an easement for the pipeline that has priority rights over the City's easement rights Under typical utility easements, the utility owner must relocate its facility if requested to do so by the property owner. The priority easement protects the County from costs related to relocation requests The easement to be granted is within the City -owned parking lot on the north side of the project The recommended easement grant will provide an easement to the County f 0' wide by approximately 250' long through the City's parking lot as shown on the attached map 06 -03 -07 Cty L A Fee Reloc Agree DONALD L WOLFE, Detector February 7, 2006 COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC WORKS "To Enrich Lives Through Effective and caring Service" Mr ct�R+tmfep- City Engineer City of El Segundo 350 Main Street El Segundo, CA 90245 -3813 Dear Mr Finley 900 SOUTH FREMONT AVENUE ALHAMHRA, CALIFORNIA 91803 -1331 Telephone (626)458 -5100 www Iadpw org ADDRESS ALL CORRESPONDENCE TO P O BOX 1460 ALHANMRA CALIFORNIA 91802 -1460 IN REPLY PLEASE REFER TO FILE MP -2 176 021 IR E C E VV c:','- FEB i U ZOOS PUBLIC WORKS ENGINEERING WEST COAST BASIN BARRIER PROJECT - PARCEL 69WA AFFECTS DOUGLAS STREET GAP CLOSURE AND GRADE SEPARATION FACILITY RELOCATION AGREEMENT AND GRANT OF EASEMENT In January of 2005, the County of Los Angeles Department of Public Works issued a Permit to the City of El Segundo for the relocation and reconstruction of the Los Angeles County Flood Control District's 45 -inch water pipeline, as part of the work necessary to construct the Douglas Street Gap Closure Project (copy enclosed) In December, former City Engineer Bellur Devaraj informed me that the City recently had a groundbreaking ceremony and issued a notice to proceed with construction of their project. Congratulations on reaching this major milestone. A condition of the Permit was for the City to enter into a Facility Relocation Agreement with the District prior to relocation and to grant a replacement easement for the waterline Upon execution and recording of both documents, the District will recommend the Quitclaim of Easements in Parcels 69EX and 48EX to the underlying fee owners Enclosed, for your counsel's review and approval, is a clean draft of the Facility Relocation Agreement, along with an original and duplicate Easement document for Parcel 69WA, West Coast Basin Barrier Project Also enclosed is another set of right of way maps showing the location of the existing and proposed water pipeline At this time, we request that your office process both documents for City Council approval and execution. Please return the fully executed original Easement and Facility Relocation Agreement for our acceptance and recording. The duplicates are for your records until a conformed copy of each is returned to the City. it80 Sfevt � I . ..- Febru ary 7, 2006 Page 2 If you have any questions or need additional information, please contact me by telephone at (626) 458 -7066, or e-mail me at fumina @ladpw.org, Monday through Thursday, from 7 30 a m. to 6:00 p m Very truly yours, DONALD L WOLFE Director of Public Works FRANK L. UMINA, Senior Real Property Agent Acquisition & Revenue Properties Section Mapping & Property Management Division FLU.psr P2 XFLU WCOAST BASIN Enc (:81 ( j | ~ ! k \ \. slit | } 2 w a k - §A�a. E�§ § � k ) § k 0 1 : | � _ |r .§ � . \ [ ' § � \\ m � a. � / }/ \� _ ! Z .\ \ ------------ y- . _ �.- ��' " 3 -I I m q \ z / LU . 2 i[ w O w 0 o q WEST COAST BASIN BARRIER PROJECT Parcel 69WA Affects Douglas Street Gap Closure and Grade Separation Project Assessor's Identification Nos.. 4138 -010 -900 (Portions in streets), 4138 - 012 -800 (Portions in streets), 4138 - 012 -900, and 902 (Portions in streets) Portions of Douglas Street Contained in Final Construction Drawings Pages W -7, W -8, and W -9 FACILITY RELOCATION AGREEMENT This Agreement made this day of , 2006, by and between the Los Angeles County Flood Control District, a body corporate and politic (hereinafter referred to as DISTRICT), and the City of El Segundo, a municipal corporation (hereinafter referred to as CITY) WITNESSETH WHEREAS, CITY is planning construction of the Douglas Street Gap Closure and Grade Separation Project (hereinafter referred to as PROJECT), between Park Place North and Alaska Avenue in the City of El Segundo, and WHEREAS, CITY is acquiring easements for public road and highway purposes over private property to operate and maintain the PROJECT, and WHEREAS, DISTRICT owns, operates, and maintains a 45 -inch water pipeline for its West Coast Basin Barrier Protect (hereinafter referred to as PIPELINE) by virtue of the following rights: • An easement for water PIPELINE purposes from the City of El Segundo recorded on February 28, 1964, as Official Records Document No ORD2377 -732. • An easement for water PIPELINE purposes from Southern California Edison Company (SCE), recorded on March 11, 1971, as Official Records Document No. D4993 -907 • By Notice of Action, recorded May 28, 1962, as Official Records No. M1025 -339, Superior Court of Los Angeles Case No 796583 The DISTRICT was plaintiff under an action to condemn a permanent easement for a water PIPELINE in a portion of this property, defendants named as Farr Company, The Atchison, Topeka and Santa Fe Railway Company, et al The Order of Immediate Possession was filed August 29, 1962 The property is now owned by the Los Angeles County Metropolitan Transportation Authority (MTA). 083 Facility Relocation Agreement WHEREAS, a portion of DISTRICT's PIPELINE will interfere with and obstruct the construction of the PROJECT, and WHEREAS, CITY desires to relocate DISTRICT's PIPELINE at its sole cost and expense to eliminate such interference and obstruction; and WHEREAS, on January 11, 2005, DISTRICT issued the CITY Permit No 2002 -758 authorizing the relocation of DISTRICT's PIPELINE upon execution of this Facility Relocation Agreement, and the CITY granting a replacement easement for that portion of the PIPELINE outside of public road right of way; and WHEREAS, this Facility Relocation Agreement will outline the obligations and responsibilities of the parties NOW THEREFORE, in consideration of the promises and the mutual covenants herein contained, DISTRICT and CITY agree as follows, 1 CITY shall remove and thereafter relocate, at CITY's sole cost and expense, those portions of the PIPELINE as shown on final construction drawings titled Douglas Street Gap Closure — 45" WATER RELOCATION PLAN AND PROFILE - STA 8 + 68 75 to STA 20 + 11 69 on pages W -7, W -8, and W -9, attached hereto as Exhibit A and as authorized under DISTRICT Permit No. 2002 -758 attached hereto as Exhibit B. 2 CITY shall grant the DISTRICT an easement for waterline purposes over a portion of Assessor's Parcel No. 4138 - 010 -900 (Parcel 69WA), as described in the enclosed Easement Deed 3 CITY acknowledges the above - referenced DISTRICT easements and priority of said easements over CITY's easements In the event of a future use, realignment, relocation, reconstruction of Douglas Street which necessitates a realignment, relocation, reconstruction or removal of all or a portion of DISTRICT's PIPELINE, CITY agrees to notify DISTRICT in writing. 4 DISTRICT agrees to notify CITY, in writing, prior to commencing any maintenance and repair work on the PIPELINE that may impact traffic on Douglas Street. 5 This Agreement shall inure to the benefit of and be binding upon the successors and assigns of the respective parties hereto. 2 (81 Facility Relocation Agreement IN WITNESS WHEREOF, said DISTRICT, a body corporate and politic, as authorized by Los Angeles County Code Title 2, Division 2, Chapter 2 18, et seq , and attested to by the County Clerk and the CITY OF EL SEGUNDO, a municipal corporation, have caused this Agreement to be executed by its duly authorized officers pursuant to its by- laws or pursuant to a resolution adopted by its CITY Council (City Sea]) ATTEST LZ City Clerk ATTEST Registrar- Recorder /County Clerk of the County of Los Angeles 0 Deputy County Clerk APPROVED AS TO FORM. RAYMOND G FORTNER,JR County Counsel M Deputy FLU pSr\P2 \FLU DOUGLAS STAGMT CITY OF EL SEGUNDO, a municipal corporation 0 Jeff Stewart, City Manager APPROVED AS TO FORM MARK D HENSLEY, CITY ATTORNEY Karl H Berger, Assistant City Attorney LOS ANGELES COUNTY FLOOD CONTROL DISTRICT, a body corporate and politic 0 Chair, Board of Supervisors of the Los Angeles County Flood Control District 3 l'� J y�GELES COG LOS ANGELES COUNTY DEPARTMENT OF PUBLIC WORKS 9 2 FOR LOS ANGELES COUNTY FLOOD CONTROL DISTRICT MAILING ADDRESS ` 900 SOUTH FREMONT AVENUE P 0 BOX 1460 P Bu woR ALHAMBRA, CALIFORNIA 91803 -1331 Alhambra, CA 91802 -1460 � O� �SeM��,� PERMIT FACILITY West Coast Basin Barrier Project C -3 FILE NO 176 032 PERMITTEE City Of El Segundo PERMIT NO 2002 -758 c/o Parsons JOB NO CMJM99INSP 100 West Walnut Street TELEPHONE (626) 440 -6100 Pasadena, CA 91124 Attn Pete Tuccllio PURPOSE OF PERMIT To authorize the work described In Provision No 3 affecting the subject stream In accordance with the submitted plans, District Drawing Nos 176 -F184 1 to 7 (Department Drawing Nos PF509880 to PF509885 and PF509895) APPLICATION DATED FEES PLAN CHECK INSPECTION ANNUAL November 21, 2002 PERMIT ISSUED January 11, 2005 EXPIRES See Provision No. I Actual Cost' BY AUTHORITY OF THE BOARD OF SUPERVISORS DATED MARCH 26, 1950 Waived" DONALD- LMWOLFpE, INTERIM DIR%EECTOR F PUBLIC WORKS $ None BY NELSON D NELSON, Permits and Subdivisions Section, 'City Service Request No 11398 Construction Division —City of El Segundo shall provide inspection THIS PERMIT IS SUBJECT TO THE PROVISIONS LISTED ON THE REVERSE SIDE HEREOF EXCEPT AS EXPRESSLY MODIFIED IN THE ADDITIONAL PROVISIONS LISTED BELOW AND AS LISTED ON THE ATTACHMENT ENTITLED ADDITIONAL PROVISIONS FOR PERMIT NUMBER 2002-758" 1 PERMITTEE MUST NOTIFY PERMIT OFFICE NO 3 (8 00 A M TO 4 00 P M) AT TELEPHONE (310) 649.6300 AT LEAST 24 HOURS BEFORE STARTING ANY WORK UNDER THIS PERMIT FAILURE TO SO NOTIFY IS CAUSE FOR REVOCATION OF PERMIT SHOULD PERMITTEE FAIL TO TAKE ACTION WITHIN 160 DAYS FROM DATE OF ISSUANCE OF THIS PERMIT OR FAIL TO ACTIVELY AND DILIGENTLY EXERCISE THE PRIVILEGES OF THIS PERMIT, THE PERMIT BECOMES NULL AND VOID 2 PERMITTEE SHALL NOTIFY UNDERGROUND SERVICE ALERT AT 1- 6004224133 AT LEAST 24 HOURS BEFORE COMMENCING ANY EXCAVATION NECESSARY TO PERFORM THE WORK AUTHORIZED BY THIS PERMIT 3 Facility Station Work Description Location West Coast Basin NIA Relocate a 45 -mch Class 200 Steel Cylinder Near the Intersection of Douglas Strec- Barrier Project Concrete Pipe (SCCP) per submitted plans and Rosecrans Avenue In the City of E: Segundo (TG 732 -J3) 4 PERMITTEE SHALL NOTIFY WATER RESOURCES DIVISION - OPERATIONS SECTION AT (626) 456. 6177 46 HOURS PRIOR TO THE START OF THE 454NCH WATER LINE REPLACEMENT, 5. PERMITTEE SHALL GRANT AN EASEMENT TO THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT AND EXECUTE A FACILITY RELOCATION AGREEMENT PRIOR TO START OF CONSTRUCTION. LC Ih O 1SectlonlPertm49lFlood\Permrts and AmendmentsI2002 -758 doc Attach Lm- AnIBIT El L cc Design (Ajaelo, Soliman), Flood Maintenance (South), Mapping and Property Management (Hinkley, Miyamoto), Water Resources (Hildebrand), Construction (Office, P O 3) A COPY OF THIS SHALL BE KEPT AT THE SITE OF THE WORK THROUGHOUT THE PERIOD OF OPERATIONS WITHIN DISTRICT RIGHTS OF WAY AND SHALL BE SHOWN TO ANY DISTRICT REPRESENTATIVE OR ANY LAW ENFORCEMENT OFFICER UPON DEMAND EXERCISE OF THIS PERMIT SHALL INDICATE ACCEPTANCE OF AND AGREEMENT TO COMPLY WITH ALL PROVISIONS INCLUDED HEREIN VIOLATION OF ANY PROVISION SHALL BE CAUSE FOR IMMEDIATE REVOCATION OF PERMIT STANDARD PERMIT PROVISIONS A This permit is valid only for the purpose specked herein No change of program as outlined In application or drawings submitted with application is permitted except upon written permission of the Chief Engineer B Activities and uses authorized under this permit are subject to any Instructions of the Chief Engineer or his representative ALL INSTRUCTIONS MUST BE STRICTLY OBSERVED C Perinittee shall assume entire responsibility for all activities and uses under this permit and shall save the District free and harmless from any and all expense, cost or liability in connection with or resulting from the exercise of this permit Including, but not limited to, property damage, personal injury, and wrongful death D Any damage caused to Flood Control structures by reason of exercise of this permit shall be repaired at the cost of the permittee to the satisfaction of the District Should permittee neglect to promptly make repairs, District may make repairs or have repairs made and permittee will be billed and shall pay costs E Any structure or portions thereof or plantings placed on District rights of way or which affect District structures must be removed, revised, and/or relocated by permittee without cost to the District, or any other public agency the District shall so designate, should future activities or policy so require F This permit is valid only to the extent of District jurisdiction. Permits required by other Interested agencies and consent of underlying fee owner of District easement lands are the responsibility of the permittee. NOTHING CONTAINED IN THIS PERMIT SHALL BE CONSTRUED AS A RELINQUISHMENT OF ANY RIGHTS NOW HELD BY THE DISTRICT. G This permit Is subject to prior unexpired permits, agreements, easements, privilege or other rights, whether recorded or unrecorded in the area specified by this permit. Permlttee shall make his own arrangements with holders of such prior rights H Unless otherwise specified herein, this permit may be revoked or canceled at any time by the Chief Engineer when required for flood control or conservation purposes. 1. Upon written notice of cancellation or revocation of this permit for any cause whatsoever, permittee shall restore District right of way and structures to their condition prior to the Issuance of the permit and then shall vacate District property Should permittee neglect to restore the premises or structures to a condition satisfactory to the Chief Engineer, the District may perform such work or have work performed, and permittee agrees to reimburse the District for all costs of the work so performed upon receipt of a statement therefore. J In the event of a District employee work stoppage, the Chief Engineer reserves the right to suspend all activity and operations by this permit which require Inspection by representatives of the District Operations and activity authorized by the permit shall not resume until district approval to do so is given K Unless otherwise specifically provided, all costs incurred by permittee, as a result of the conditions of the permit or the exercise by District of any right, authority, or reservation contained therein shall be the sole responsibility of and shall be borne entirely by the permittee -OM1SecUmV)a MUY-amsWRC%ASIONSTANOARD doe h i- 087 i 3 � ka �a x O � p C av ^�,rt 9 LL a lc�+ -. I /•�� .n. •wormy v- - Ln i N a 4 O i _ e 0 w� I eI x cr a n•'U ( •I a G, %,•Hw J •/ 0 =1 o o x -rt—ys n onoa 6 a a w a 0 z a m N u m b u N 1119 T57 ..• p`�GyP� •` • e4 �P O O a CL J u 1 W O N u u a ° c � � 1. 5-, U z a ya � � Y 1 N Yi - -- -: zl., I I ADDITIONAL PROVISIONS FOR PERMIT NUMBER 2002 -758 1 Use of District's right of way or performance of the work or activity authorized under this permit is tantamount to agreeing to the conditions herein (131) 2 Permittee shall be responsible for notifying his contractor and all subcontractors of the provisions of this permit No work will be started until a copy of this permit is given to the contractor and each of his subcontractors Further, the copy will be left at the site of the work being done by each contractor (G2) 3 Permittee is notified that in accordance with the STATE OF CALIFORNIA CONSTRUCTION SAFETY ORDERS, Section 1503, the permittee or his contractor may be required to acquire a permit from CAIJOSHA if the work authorized herein involves excavations more than five feet deep The inspection provided by the District can in no way be construed as a safety inspection (G3) 4 Unless notified otherwise in this permit, all work authorized by this permit shall conform to the latest edition of the Standard Specifications for Public Work Construction, as amended, and published by Budding News, Inc , 1612 South Clementine Street, Anaheim, CA 92802 and the latest edition of the Los Angeles County Department of Public Works "Additions and Amendments to the Standard Specifications for Public Works Construction". (G4) 5 This permit is subject to such further conditions as the Director or his representative may issue during the period of this use When possible, such additional conditions shall be promptly delivered in writing to the address shown on page one of this permit Conditions delivered orally of necessity shall be promptly confirmed in writing (G5) 6 Upon completion of work authorized under this permit, permittee shall restore the area to the satisfaction of the District's representative (G14) -" 7 The District shall not be responsible for the maintenance or replacement of the paving (G50) 8 Permittee shall protect in place all District facilities where the proposed work comes in close proximity to the District facilities (G52) 9 Any damage to District or County facilities is to be repaired upon receiving notice of damage (E11) 10. Permittee shall be responsible for the selection and implementation of Best Management Practices (BMP's) for construction activities If the Director or authorized representative determines that additional BMP's or corrective steps for existing ones are necessary, permittee shall immediately comply with the requests (P2) 11 Permittee shall notify WRD- Operations at (626) 458 -6177 48 -hours prior to the start of the 45 -inch water line replacement EXH' 089 PERMIT SUMMARY PERMIT NO 2002 -758 PERMIT WRITER Luis A Cervantes 1 Permittee's Contact Information Owner City of El Segundo (310) 524 -2358 350 Main Street El Segundo, CA 90245 Agent, Parsons (626) 440 -6100 100 West Walnut Street Pasadena, CA 91124 Attn Pete Tuccillo 2 Application Date November 21, 2004 3 Description of work Relocate a 45 -inch Class 200 Steel Cylinder Concrete Pipe (SCCP) per submitted plans 4 Jurisdiction Name and description of facility impacted by the proposed system. This 45 -inch water line is part of the West Coast Basin Barrier Project Operated and Maintained by LACFCD LACDPW R/W Status Easement — MPM issued directive to add provision no 5 shown on the face of the permit 5 LACDPW Inspection Secondary 6 Maintenance responsibility of proposed facility LACDPW 7. Discharge Information N/A — pipe relocation only, 8 Background Information WRD requested Permits to manage review coordination for this project Plans were sent to MPM, WSD, WRD, DES, and FMD -S on 12118/02 WSD had no comments 12/24102 DES returned comments 01/22/03 WRD returned comments 02/04/03 FMD -S returned comments 01/20/03 Comments sent to Parsons 02113103. Resubmltal received 03106 and sent to WRD, DES, FMD -S, and MPM on 03127/03. FMD -S had no further comments 04 /11/03 DES had no further comments 04/30/04 WRD returned comments 05/06/03 Comments sent to permlttee 05/06/03 Resubmital received 10106/03 WRD comments back - checked in -house MPM gave conditional clearance via email on 01/11/05 The proposed relocation will have a negligible impact on the wasting system 9 Fees Plan Check Fee $ Actual Cost Inspection Fee Waived — provided by City of El Segundo 10 Recommendations Construction Division (Permits) recommends permit be Issued PLICATE RECORDING REQUESTED BY AND MAIL TO' COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC WORKS P O. Box 1460 Alhambra, CA 91802 -1460 Attention Mapping & Property Management Division R/W Engineering Section THIS DOCUMENT IS EXEMPT FROM DOCUMENTARY TRANSFER TAX PURSUANT TO SECTION 11922 OF THE REVENUE & TAXATION CODE Assessor's Identification Number THIS DOCUMENT IS EXEMPT FROM RECORDING FEES PURSUANT 4138 - 010 -900 (Portion) TO SECTION 27383 OF THE GOVERNMENT CODE EASEMENT For a valuable consideration, receipt of which is hereby acknowledged, the CITY OF EL SEGUNDO, a municipal corporation, hereinafter referred to as "City ", does hereby grant to the LOS ANGELES COUNTY FLOOD CONTROL DISTRICT, a body corporate and politic, hereinafter referred to as "District ", a perpetual easement for water line purposes and other appurtenances in, on, over, under, and across the real property in the City of El Segundo, County of Los Angeles, State of California, described in Exhibit "A" attached hereto and by this reference made a part hereof. Together with the further right to enter upon, pass, and repass over and along said easement and right of way and to deposit tools, implements, and other materials thereon by said District, Its officers, agents, and employees, and by persons under contract with it and their employees, whenever and wherever necessary for the purposes above set forth The easement herein granted by City is for the purpose of relocation, reconstruction, operation, and maintenance of District's existing pipeline facilities (water line and appurtenances), in connection with its West Coast Basin Barrier Project and the future Douglas Street Gap Closure Project City agrees and acknowledges that District's easement rights shall be paramount and /or prior to any title or estates of City Furthermore, City shall be responsible for any and all costs incurred by District as a result of City's actions which cause the pipeline to be relocated, realigned, or removed (including, but not limited to, the design, documentation, processing, and /or removal of facilities). File with- WEST COAST BASIN BARRIER PROJECT 69WA Affects Douglas Street 2 -2 176 -RW 4 SD 4 M02D6854 EXHIBIT" C 091 WEST COAST BASIN BARRIER PROJECT 69WA Easement Page 2 City agrees that it will not perform or arrange for the performance of any construction or reconstruction work in conjunction with the relocation, realignment, or removal of said facilities, until the plans and specifications of such construction or reconstruction work shall have been submitted to and been approved in writing by the Chief Engineer of District. IN WITNESS WHEREOF, on 20 , the CITY OF EL SEGUNDO, a municipal corporation, has caused this Easement document to be executed by its duly authorized officer pursuant to a resolution adopted by its City Council (City Seal) ATTEST City Clerk OAGan P Conf eWST CSTBBP69W doc CITY OF EL SEGUNDO, a municipal corporation a City Manager NOTE: Acknowledgment form on reverse side 092 EXHIBIT A File with Affects LEGAL DESCRIPTION WEST COAST BASIN BARRIER PROJECT 69WA Douglas Street 2 -2 176 -RW 4 A.P N 4138- 010 -900 (portion) T G 732(J3) I M 069 -157 Fourth District M02D6854 PARCEL NO. 69WA (Easement for water line purposes and other appurtenances) Part A That portion of Lot 22, Tract No 26557, as shown on map recorded in Book 675, pages 95 to 98, inclusive, of Maps, in the office of the Recorder of the County of Los Angeles, within a strip of land 10 00 feet wide, lying 5 00 feet on each side of the following described center line Beginning at the intersection of the easterly prolongation of the center line of Park Place, 60 feet wide, and a line parallel with and 10 feet easterly, measured at right angles, from the center line of Douglas Street, 78 feet wide, as both said center lines are shown on map filed in Book 145, pages 21 and 22, of Record of Surveys, in the office of said Recorder, thence North 0 000'39" West along said center line of Douglas Street, a distance of 456 00 feet to the beginning of a tangent curve concave to the east and having a radius of 340 00 feet, thence northwesterly along said curve, through a central angle of 40 022'30 ", an are distance of 239 59 feet, thence tangent to said curve North 40 023'09" West 204 41 feet to a point, said point hereby designated as Point "A ", thence continuing North 40 °23'09" West 12 47 feet, thence North 85 023'09" West 31 18 feet to the northeasterly line of the southwesterly 2 feet of said Lot 22, thence northwesterly along said northeasterly line to the northwesterly boundary of said lot Containing 2,444 ± square feet 6193 Part B That portion of above - mentioned Lot 22, within a strip of land 10 00 feet wide, lying 5 00 feet on each side of the following described center line Beginning at above - designated Point "A ", thence North 49 036'51" East 60 00 feet EXCEPTING therefrom any portion lying the within above - described Part A Containing 550 t square feet Total area of Parts A and B containing 2,994 t square feet AA C RWE FLEGIM02D6854 �^ ♦V � (8 -3 -04) 7 4 EL SEGUNDO CITY COUNCIL MEETING DATE: March 21, 2006 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION. Consideration and possible action regarding the adoption of a resolution declaring the City's intent to conduct a public hearing on May 2, 2006 regarding the transfer of a Pipeline Franchise Agreement, Ordinance No 1255, from Equilon California Pipeline Company LLC to Shell California Pipeline Company LLC and extension of said Pipeline Franchise Agreement for a ten -year period (Fiscal Impact = $2,715, annual franchise fee) RECOMMENDED COUNCIL ACTION. Recommendation — (1) Adopt a resolution declaring the City's intent to conduct a public hearing on May 2, 2006 regarding the transfer of a Pipeline Franchise Agreement, Ordinance No 1255, from Equilon California Pipeline Company LLC to Shell California Pipeline Company LLC and extension of said Pipeline Franchise Agreement for a ten -year period, and (2) Alternatively discuss and take other action related to this item BACKGROUND & DISCUSSION: On June 4, 1996, the City of El Segundo entered into a non - exclusive Pipeline Franchise Agreement ( "Pipeline Franchise ", Ordinance No. 1255) with Shell California Pipeline Company for a ten -year period ending on April 19, 2006 to lay and use pipelines consisting of a single line of pipe six inches (6 ") in internal diameter and a single line of pipe eight inches (8 ") in internal diameter for the transportation of petroleum products in, under, along, and across public streets in the City of El Segundo as shown on the attached map (Please see "Background and Discussion" on following page) ATTACHED SUPPORTING DOCUMENTS. Map Application from Shell California Pipeline Company Resolution of Intent Resolution No 4093 Ordinance No 1255 FISCAL IMPACT: Operating Budget: NA Amount Requested: NA Account Number: NA Project Phase- NA Appropriation Required. No 95 2 BACKGROUND & DISCUSSION: (continued) On October 6, 1998, the City of El Segundo, by Resolution No. 4093, transferred Franchise Ordinance No 1255 to Equilon California Pipeline Company LLC due to the merger of Texaco and Shell Oil Company On February 20, 2006, the City of El Segundo received an application from Shell California Pipeline Company LLC, the successor in interest to Equilon California Pipeline Company LLC, to extend the Pipeline Franchise for an additional ten year period ending on April 19, 2016 Shell California Pipeline Company has also requested that the Franchise Ordinance be transferred to Shell California Pipeline Company due to the cancellation of the Shell/Texaco Merger Pursuant to the Public Utilities Code, extension of the Pipeline franchise requires that the City declare its intent to extend the franchise and hold a public hearing to consider all oral and written testimony regarding the Pipeline Franchise before determining whether to grant the Pipeline Franchise or extension thereof Notice of said public hearing must published at least one time within fifteen (15) days after the resolution of intent is adopted in a newspaper of general circulation. The resolution of intent sets the public hearing for the Council Meeting of May 2, 2006 Declaration of the City's intent to extend the Pipeline Franchise provides for the continuation of the franchise agreement through to the date of the public hearing 0 9 G i ICI i i r � I �i x� 4. a� LC CD h eAd CD I] _ y_ w a, z I i � �•. •CLii �_1�. � fi$ tFYl u. ky.... �`f r 097 0110512006 19.26 [vie 3108162235 SHE_.L WESTERN REGION PAGE 01 Shell Pipeline Company LP Western Region - Land & Permitting 20945 5 Wilmington Ave Corson, CA 90810-1039 2 -20 -06 Steve Finton Director of Public Works City of El Segundo 350 Mam Street El Segundo, CA90245 (310) 5242356 (31 O) 640 -0489 fax Steve Finton, LOS ANGELES COUNTY, CALIFORNIA CITY OF EL SEGUNDO ORDINANCE NO 1255 (Supercedes 758,759 & 1199) VENTURA. PRODUCTS R/W TL I2 -16 & LA PRODUCTS R/W 11 -14 Shell California Pipeline Company LLC, a Delaware Limited Liability Company ( "Shell'), formerly known as Equilon California Pipeline Company LLC, requests an amendment to Ordinance No 1255 to extend the term for an additional ten year period The franchise agreement addresses the operation and maintenance of the 6" VPL (Ventura Products Line - R/W No 16) and the 8" LAXPDX (LAX Products Line - R/W No 14) under City streets The current franchise agreement expires on April 19, 2006 Shell 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 send the agreement for processing to 20945 S Wilmington Avenue, Carson, CA 9081 O Should you have any concerns, feel free to contact me at (310) 816 -2208 Thank you for your help and consideration with this matter Sincerely, i" e (/0— Ed Anderson Contract Land Agent MAR -01 -2006 15.26 3108162235 97% 098 P.01 RESOLUTION NO. A RESOLUTION DECLARING THE CITY COUNCIL'S INTENT TO CONDUCT A PUBLIC HEARING ON MAY 2, 2006 REGARDING TRANSFERING AN OIL PIPELINE FRANCHISE TO SHELL CALIFORNIA PIPELINE COMPANY LLC AND EXTENDING THAT FRANCHISE FOR TEN (10) YEARS. The City Council does resolve as follows SECTION 1 The City Council finds and declares that A. By Ordinance No. 1255, adopted June 4, 1996, the City of El Segundo entered into a non - exclusive Franchise Agreement ('Pipeline Franchise ") with Shell California Pipeline Company for a ten year period ending on April 19, 2006 to lay and use pipelines consisting of a single line of pipe six inches (6 ") in internal diameter and a single line of pipe eight inches (8 ") in internal diameter for the transportation of petroleum products in, under, along, and across public street in the City of El Segundo, B Through Resolution No 4093, adopted October 6, 1998, the City transferred the Pipeline Franchise to Equilon California Pipeline Company LLC due to the merger of affiliated companies of Texaco and Shell Oil Company, and C On February 20, 2006, the City of El Segundo received an application from Shell California Pipeline Company LLC, the successor in interest to Equilon California Pipeline Company LLC, to extend the Pipeline Franchise for an additional ten year period SECTION 2 Pursuant to Public Utilities Code § 6232, the City Council declares its intent to conduct a public hearing on May 2, 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 the Pipeline Franchise extension and assign the Pipeline Franchise to Shell California Pipeline Company LLC SECTION 3 The City Clerk is directed to pt iblish 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 099 Page 2 of 2 SECTION 4 This Resolution will become effective immediately upon adoption and remain effective unless superseded by a subsequent resolution. PASSED AND ADOPTED this 215t day of March, 2006 APPROVED Mark D Hen �W�Affi Kelly McDowell, Mayor Attorney 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 21st day of March, 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 21St day of March, 2006 Cindy Mortesen, City Clerk Of the City of El Segundo, California (SEAL) Page 2 of 2 9 0 0 RESOLUTION NO. 4093 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, APPROVING THE TRANSFER OF FRANCHISE ORDINANCE NO. 1255 TO EQUILON CALIFORNIA PIPELINE COMPANY LLC FROM SHELL PIPE LINE CORPORATION WHEREAS, the City of El Segundo has entered into a non - exclusive Franchise Agreement with Shell Pipe Line Corporation pursuant to Ordinance No 1255 to lay and use pipelines consisting of a single line of pipe six inches (6 ") in diameter and a single line of pipe eight inches (8 ") in internal diameter for the transportation of petroleum products m, under, along, and across the public streets in the City of El Segundo, and WHEREAS, the pipelines operated under Ordinance No 1255 and the Franchise Agreement, are in the process of being transferred to Equilon California Pipeline Company LLC, as a result of a merger between Texaco and Shell Oil Company, and WHEREAS, according to Section 17 -C of the Franchise Agreement, the City shall not unreasonably withhold its consent to a Franchise transfer, and WHEREAS, according to Section 17 -A of the Franchise Agreement, the grantee shall not transfer ownership without the prior consent of the City expressed by resolution NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, DOES HEREBY RESOLVE AS OLLOWS SECTION 1 The City Council of the City of El Segundo, California, approves the transfer and assignment of the Franchise Agreement, Ordinance No 1255, to Equrlon California Pipeline Company, subject to all terms and conditions of the original agreement RESOLUTION NO 4093 APPROVING FRANCHISE TRANSFER FROM SHELL PIPELINE CORP TO EQUILON CALIFORNIA PIPELINE CO . 01 PAGE NO 1 PASSED AND APPROVED this 6� day of October, 1998io" MIKE GORDON, MAYOR ATTEST STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I, Cindy Mortesen, City Clerk of the City of El Segundo, California, do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing Resolution No 4093 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 6th day of October, 1998, and the same was so passed and adopted by the following vote AYES Gordon, Jacobs, McDowell, Games, Wemick NOES None ABSENT None ABSTAIN None CINDY ieE SEN, CITY CLERK APPROVED AS TO FORM � ✓ JW MARK EENSLEY, CITY ATtORNEY RESOLUTION NO 4093 APPROVING FRANCHISE TRANSFER FROM SHELL PIPE LINE CORP TO EQUiLON CALIFORNIA PIPELINE CO PAGE NO 2 I 1 (� ORDINANCE NO. A255 AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALIFORNIA, GRANTING TO SHELL PIPE LINE CORPORATION A FRANCHISB FOR A PERIOD NOT TO EXCEED TEN (10) YEARS TO OPERATE AND MAINTAIN TWO (2) PIPELINE SYSTEMS CONSISTING OF A SINGLE LINE OF PIPE SIX (6) INCHES AND A SINGLE LINE OF PIPE EIGHT (8) 1 IN INTERNAL DIAMETER FOR THE PURPOSE OF TRANSPORTING PETROLEW[ PRODUCTS WITHIN SAID CITY. WHEREAS, SHELL PIPE LINE CORPORATION ( "Shell "), filed an application with the City of E1 Segundo, California for a franchise to operate and maintain two (2) pipelines for the transportation of petroleum products; and WHEREAS, the City Council by Resolution No. 3967, adopted on the 2nd day of April 1996, declared its intention to grant said pipeline franchise to Shell and did set May 21, 1996 as the date of the public hearing thereon; and WHEREAS, the City Clerk did publish a notice of the Public Hearing as directed by the City Council; and WHEREAS, on the 21st day of May 1996, said Public Hearing was held and it was determined by the City Council to grant said pipeline franchise to Shell. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL SEGUNDO CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. The City hereby grants a non - exclusive Franchise to Shell to operate and maintain a single line of pipe of six (6) and single line of pipe eight (s) inches internal diameter for the transportation of petroleum products by means of executing the Franchise Agreement ( "Agreement" - Exhibit A). SECTION 2. The Mayor is hereby authorized to execute this ordinance, the Agreement and the attendant Grant of Subsurface Easement (Exhibit S) on behalf of the City. SECTION 3. The Franchise granted by this ordinance becomes effective after a duly authorized representative of Shell executes the agreement and delivers it to the City Clerk. Page 1 of 2 FWMAY -ZZ COD (Fnday 513/96 9M aro 1 2-55 A 03 SECTION 4. Upon Shell's delivery of the duly executed agreement to the City Clerk, the City Clerk shall cause the Grant of Subsurface Easement to be recorded in the Los Angeles County Recorder's office. SECTION 5. This ordinance shall become effective at midnight on the thirtieth (30) day from and after the final passage and adoption hereof. SECTION 6. The City Clerk shall certify to the passage and adoption of this ordinance; mhall cause the same to be entered in the book of original ordinances of said City; shall make a note of the passage and adoption thereof in the records of the meeting at which the same is passed and adopted; and shall within 15 days after the passage or adoption thereof cause the same to be published or posted in accordance with the law. PASSED, APPROVED AND ADOPTED this 4th ATTESTED: C1 y for n C 4ky Cler (Seal) APPROVED AS TO FORM: C ty Attorney Page 2 of 2 day of June 1996. Sandra Jacoba ayor of the City o 1 Segundo, California PWMAY -MARD (Fn&y 5/3/% 900 w4 1455 1 � �t 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 ordinance, being ORDINANCE NO. 1255 is a full, true correct original of ORDINANCE NO. 1255 of the said City of El Segundo, California, entitled: AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALIFORNIA, GRANTING TO SHELL PIPE LINE CORPORATION A FRANCHISE FOR A PERIOD NOT TO EXCEED TEN (10) YEARS TO OPERATE AND MAINTAIN TWO (2) PIPE=LINE SYSTEMS CONSISTING OF A SINGLE LINE OF PIPE SIX (6) INCHES AND A SINGLE LINE OF PIPE EIGHT (8) INCHES IN INTERNAL DIAMETER FOR THE PURPOSE OF TRANSPORTING PETROLEUM PRODUCTS WITHIN SAID CITY. which 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 4TH DAY OF JUNE . 1996, and the same was so passed and adopted by the following vote AYES' Mayor Jacobs, Councilwoman Friedkin and Councilman Gordon NOES None ABSENT. Mayor ProTem Wemick and Councilman Weston ABSTAINED: None I do hereby further certify that pursuant to the provisions of Section 36933 of the Government Code of the State of California, that the foregoing ORDINANCE NO. 1255, was posted and /or published in the manner prescribed by law. CIND C1T5= N'`�?E,� City lark of the City of El Segundo, California (SEAL) 1 Z55 105 AX2 13MO S PIPELINE FRANCHISE AGREEMENT (CCNZION CARRIER PIPELINES) This Agreement is made and entered into by and between the CITY OF EL SEGUNDO, California, a general law city ( "City ") and SHELL CALIFORNIA PIPELINE COMPANY, a California corporation ( "Grantee "), this 4th day of June 1996. ZFWMTT?y The parties hereto agree as follows: SECTION 1. NATURE OF FRANCHISE. City hereby grants a non- exclusive Franchise ( "this Franchise ") to Grantee for the term of ten (10) years from and after April 20, 1996 to lay and use pipelines not to exceed eight (8) inches in nominal internal diameter for transportation of oil, or products thereof, ( "the products ") in, under, along and across the public streets, highways and alleys (collectively "the Streets ") in City, particularly described in Exhibit "A" attached hereto and incorporated herein by this reference. Grantee shall provide a minimum of thirty (30) days prior written notice to the City Fire Department of any changes to the type and nature of the oil, or products thereof, to be transported in the pipelines under this Franchise Agreement. This Franchise is hereby granted to Grantee and its lawful successors and assigns subject to the terms hereof. This Franchise shall include the right, for the period and subject to such terms, to maintain, operate, repair and renew the pipeline system of Grantee already laid out and constructed in the Streets as previously authorized. SECTION 2. APPURTENANCES. Grantee shall have the right, subject to prior approval of the City Engineer, to construct and maintain such traps, manholes, conduits, valves, appliances, attachments and appurtenances (collectively "appurtenances ") as may be necessary or convenient for proper maintenance and operation of 12-55 EXHIBIT " A " 0r) the pipelines. Appurtenances shall be kept flush with the surface of the Streets and located so as to conform to any requirement of the City Engineer in regard thereto and not to interfere with the use of the Streets. Grantee shall have the right, subject to such ordinances, rules or regulations as are now or may hereafter be enacted or in force, to make all necessary excavations in the Streets for construction and repair of the pipelines and appurtenances (collectively hereinafter "the Facilities ") subject to prior approval of the City Engineer and acquisition by Grantee of all necessary City permits. The City Engineer may impose reasonable conditions on the excavation work. SEr.TION 3. LOCATION OF THE FACILITIES. So far as is practicable, the Facilities shall be located along the edge or shoulder of the Streets or in parking areas adjacent thereto so as to not unreasonably disturb the flow of traffic, and where possible shall be laid in the unpaved porticns of the Streets, if any. SECTION 4. CONSTRUCTION OF THE FACILITIES The Facilities shall be installed, maintained and inspected by Grantee in a satisfactory, safe, and workmanlike manner, of good material, and in conformity with all ordinances, rules or regulations now or hereafter adopted or prescribed by the City Council or state or federal authorities. The Facilities shall conform to applicable standards for pipelines imposed by the California State Fire Marshal and any other applicable regulatory authority, including but not limited to those standards under the California Pipeline Safety Act of 1981 (Government Code 551010 et seq.). The Facilities shall have cathodic protection, and a description of all protective devices shall be furnished to the City Engineer which will show the locations and types of anodes, including a description of the methods used as protection against corrosion and electrolytic leakage. The Facilities shall be constructed in such a manner that sections thereof may be closed off and isolated from the flow of product. u xz 139M 5 z 1 Z-35 1 1 AX2 134M S The work of laying constructing, maintaining, operating, renewing, repairing, changing and moving any segments of the Facilities, and all other work in exercise of the rights under this Franchise, shall be conducted with the least practicable hindrance or interference to use of the Streets by the public or City, and Grantee shall provide all necessary warning, safety and traffic control devices as are or may be required by City, county, state or federal regulations. All excavations shall be back-filled and adequately compacted. The surface of the Streets shall be placed in as good and serviceable condition as existed before commencement of the work and to the satisfaction of the City Engineer. Restoration of the Streets is to be completed in accordance with plans approved by City. If Grantee fails to restore the excavation to the satisfaction of the City Engineer, City or its agents may, at City's sole discretion, restore the excavation site to the satisfaction of the City Engineer. Grantee shall pay all costs associated with such restoration of the excavation site within thirty (30) days after receipt of City's itemized bill therefor. SECTI N 5. COMMENCEMENT OF CONSTRUCTION AND PLANS. Grantee, in good faith, shall commence the work of laying the Facilities within six (6) months from the Effective Date of this Franchise, and if such construction is not so commenced within such time, this Franchise may be declared forfeited; provided, however, that if Grantee is maintaining and operating an existing pipeline system in the Streets, it shall be deemed to be in compliance with the foregoing. Grantee shall not commence construction of the Facilities or add to existing facilities comprising the Facilities, if any, until it first shall have obtained City approval of construction plans and specifications and all necessary permits from City. The plans shall contain a construction schedule detailing the time period during which certain portions of the Streets will be excavated and the dates upon which the Streets 3 135 1 t3 8 shall be restored to their original condition. The permit application of Grantee shall also contain the following data: the length, approximate depth and proposed location of the Facilities proposed to be laid or constructed, the size and description of the pipe intended to be used, and such other data as the City Engineer may reasonably require. Grantee shall pay any and all reasonable inspection fees of City. Upon completion of the construction Grantee shall render a statement to City showing in detail the permits issued and the total length of the Facilities constructed under such permits. SECTION 6. DOCUMENTS TO BE FURNISHED A. Maps Within ninety (90) days following the execution of this Agreement, Grantee shall file with City a map or maps, in such form as may be required by the City Engineer, showing accurately the locations and sizes of all of the Facilities currently in place, and shall, upon installation of any additional facilities or upon removal, change or abandonment of all or any portion thereof, file with City a revised map or maps showing the locations and sizes of all such additional and/or abandoned facilities as of that date. B. Docents S bbmitted Concurrently with the submission to any other governmental agency of any report, document or writing (including but not limited to reports of incidents and inspections, safety reports, and permit applications or documents) concerning the Facilities, Grantee shall submit true, complete and correct copies thereof to the City Director of Public Works and City Fire Chief. C. Documents Received Within two (2) weeks of receiving any report, document or other writing from any other governmental agency (including but not limited to permits, approvals, notices of violations, actions, inspection reports and incident reports) concerning the Facilities, Grantee shall submit true, correct and complete copies thereof to the City Director of Public Works and City Fire Chief. -AM 139950 s q 1255 .j I SECTION 1. COMPENSATION TO THE CITY A. &Wunt of Annual Franchise Fee As consideration for the granting of this Franchise, Grantee shall pay an annual Franchise Fee to City. The Franchise Fee shall be paid annually to City in lawful money of the United states within sixty (60) days after the end of each calendar year. Any neglect, omission or refusal of Grantee to pay the Franchise Fee or provide any information required under this Section at the time or in the manner reasonably required shall constitute grounds for declaration of a forfeiture of this Franchise and 'all rights hereunder. Acceptance by City of any payment of the Franchise Fee shall not be construed as a release, waiver, acquiescence or accord and satisfaction of any claim City may have for further or additional sums payable under this Franchise or for the performance of any other obligation hereunder. B. Base Rate The base rate for the Franchise Fee shall be computed as follows: The length of the Facilities expressed in feet shall be multiplied by the applicable base rate, as adjusted pursuant to subparagraph C, in accordance witr the following schedule as set forth in California Public Utilities Code 56231.5: Pipe Size (internal diameter in inches) Base rate per lineal foot 0 - 4 0.0 8 6 0.132 8 0.176 10 0.220 12 0.264 14 1 0.308 16 0.352 18 0.396 0.440 0.484 24 0.528 6 0.572 8 0.616 30 0.660 wa.,ivaw 5 5 1 X55 11� wo 13"So s For pipelines with an internal diameter not listed above, the Franchise Fee shall be in the same proportion to the above - indicated "Base rate per lineal toot" of a 12- inch - diameter pipe as the diameter of the unlisted pipe is to 12 inches. The calculation of the Franchise Fee under this Subparagraph B shall be subject to recalculation if the fee provisions of California Public Utilities Code 56231.5 are amended. MEN •.o • . e 3 Grantee shall be subject to the Franchise Fee for each calendar year from the Effective Date of this Franchise, to and including the date of either actual removal of the Facilities or the date on which a properly approved abandonment ".in place" becomes effective as authorized by City, and until Grantee shall have fully complied with all provisions of this Franchise and all other applicable provisions of law or ordinance relative to such removal or abandonment. All such payments shall be made payable to City, and shall be supported by Grantee's verified statements concerning the computation of the amounts thereof. Provided, however, that the amount of each payment of the Franchise Fee shall be revised each calendar year as follows: 12. 53 5 (1) The amount of the payment shall be adjusted at the time payment is due by multiplying the aforesaid base rate by the Consumer Price Index, All Urban Consumers for the Los Angeles- Anaheim- Riverside Area as published by the United States Department of Labor, Office of Information, for the month of September immediately preceding the month in which payment is due and payable, and dividing by the Consumer Price Index for June 30, 1989 which is declared to be 100.0. Under no circumstances shall the multiplying factor be less than one. Ali lAX2 1398505 (2) if the United States Department of Labor, Office of Information discontinues preparation or publication of the aforesaid Consumer Price Index for such Area, and if no translation table prepared by the Department of Labor is available so as to make those statistics which are then available applicable to the Index for June 30, 1989, City shall prescribe a rate of payment which shall, in its judgment, vary from the rates specified in this Section in approximate proportion as, commodity consumer prices then current vary from consumer prices current in Lecember, 1988. On this point, the City's reasonable determination shall be final and conclusive. (3) If said Office of Information shall revise said Index, the parties hereto shall accept the method of revision or conversion recommended by said Office. C. Administrative Fee for Processing this Franchise In consideration for the granting of this Franchise, and to reimburse City for its administrative expenses in preparing and approving the documents for this Franchise, Grantee shall pay City Two Thousand, Five Hundred Dollars ($2,500.00) within thirty (30) days after the Effective Date of this Franchise. SECTION 8, EMERGENCY PREPAREDNESS A. Spill Prevention and Response Planning 1. At all times during the term of this Franchise, Grantee shall maintain : a. An oil spill prevention and response Plan consistent with and conforming to California Office of oil Spill Prevention and Response Regulations (OSPR) at Title 14, Division 1, Subdivision 4, Chapter 2, Subchapter 3, 55815 -817 of the California Code; 7 1255 X12 b. A Business Plan pursuant to Chapter 6.95 of the California Health and Safety Code; C. A Chemical Inventory pursuant to Chapter 6.95 of the California Health & Safety Code; d. Pipeline maps and diagrams, and a contingency Plan for pipeline emergencies pursuant to California Government Code 551015. 2. Grantee shall pay City all applicable fees for review and approval of each such Plan for which City holds prime jurisdiction. 3. Grantee shall also comply with any requirements for Plans imposed by any federal, state or local authority during the term of this Franchise. 4. Grantee shall offer to meet with the City Fire Chief or Fire Chief's designee not less often than once each calendar year to discuss and review Plans and response plans for pipeline emergencies. All emergency response work performed by Grantee shall be performed in accordance with the applicable Plans and in cooperation with the City Fire Department. B. operational Requirements a. Grantee shall cause the Facilities to be secure against unauthorized entry and tampering. b. Remotely operable valves shall be provided which will be capable of shutting off flow of product. SECTION 9. OPERATIONS, MAINTENANCE AND REPAIR. Grantee shall operate, maintain and repair the Facilities in accordance with the California Pipeline Safety Act (Government Code 5551010- 51019), U.S. Department of Transportation Hazardous Liquid Pipeline Regulations (49 C.F.R. Part AS) and any and all other applicable federal and state rules. Grantee shall immediately make all repairs to the Streets and City property made necessary by any of the LAX2139g.5pL5 5 8 iI3 Ux2 J3W505 operations of Grantee, upon approval of plans by the City Engineer, obtaining all necessary City permits. If Grantee fails to make said repairs to the Streets or City property, Grantee shall pay to City upon demand all costs which City incurs in making said repairs. SECTION 10. REARRANGEMENT OF FACILITIES A. EX2ense of Grantee 1. If any portion(s) of the Facilities shall, in the opinion of City, endanger the public in the use of the Streets or interfere with or obstruct the use of any street by the public or for public purpose, City shall have the right to require Grantee to move, alter or relocate such portion(s) to avoid such danger, interference or obstruction, in conformity with written notice from the City Engineer, at Grantee's sole expense. In such an event, City agrees to provide Grantee with a reasonable alternative location to relocate such portion(s) of the Facilities so as to provide an unbroken connection between the relocated portions and the portions that remain in place. 2. whenever, during the term of this Franchise, City, including any water, electric, gas or other utility system hereafter owned or operated by City, any community facilities or assessment district, or any other agency established by City in its ministerial capacity, shall change the grade, width, alignment or location of any street, way, alley or place, or improve any said street in any manner, including but not limited to the laying of any sewer, storm drain, conduits, gas, water or other pipes, pedestrian tunnels, subway, viaduct or other work of City (the right to do all of which is specifically reserved to City without any admission on its part that it would not otherwise have such rights), Grantee shall, at its own cost and expense, do any and all things to effect such change in position or location of any portion(s) of the Facilities in conformity with the written approval of the City Engineer, including but not limited to removal or relocation of any portion(s) of the Facilities, if and when made necessary by the determination of the City Engineer. Q6 114 B. Esnense of Others 1. City shall also have the right to require Grantee to rearrange any part of the Facilities for the accommodation of any private person, firm or corporation. When such rearrangement is done for the accommodation of any private person, firm or corporation, the cost of such rearrangement shall be borne by the accommodated party. Such accommodated party, in advance of such rearrangement, shall deposit with Grantee cash in an amount, as in the reasonable discretion of Grantee, shall be required to pay the costs of such rearrangement. - 2. The rearrangement referred to in subsection 1 of subparagraph B of this Section shall be accomplished in conformity with the written notice of the City Engineer and plans approved by the City Engineer. C. RearranMent of Other Facilities. Nothing contained in this Franchise shall be construed to require City to move, alter or relocate any of its facilities upon any of the Streets, at its own expense, for the convenience, accommodation or necessity of any other public entity, 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 system upon any of the Streets for the convenience, accommodation or necessity of Grantee. D. Notice. Grantee shall be given not less than ninety (90) days written notice of any rearrangement of any portion(s) of the Facilities which Grantee is required to make under this Section. Such notice shall furnish final, approved plans detailing the necessity for the rearrangement of such portion(s) of the Facilities, specify in reasonable detail the work to be done by Grantee, and shall specify the time that such work is to be accomplished. In the event that City shall change the provisions of any such notice given to Grantee, Grantee shall be given an additional, reasonable period of time to accomplish such work. ux2 13"506 10 115 I LAX2 139850.5 SECTION 11, REMOVAL OR ABANDONMENT OF FACILITIES. At the time of non - renewal, revocation or termination of this Franchise or the permanent discontinuance of use of the Facilities or any portion thereof, Grantee shall, within thirty (30) days thereafter, make a written application to the City Engineer to either: (1) abandon all, or a portion, of the Facilities in place, or (2) remove all, or a portion of the Facilities as the City Engineer, in his or her reasonable discretion, shall consider to be appropriate. Such application shall include a closure plan, which shall demonstrate to the satisfaction of the City Engineer and City's Fire Chief that any regulated materials which have been stored or transported in the Facilities or such portions(s) thereof have been or will be transported, disposed of or reused in a manner consistent with public health and safety, and shall describe the portion(s) of the Facilities desired to be abandoned by reference to the map or maps required by Section 6 hereof and shall also describe with reasonable accuracy the relative physical condition of such portion(s) of the Facilities. Thereupon, the City Engineer and the Fire Chief shall determine whether any proposed abandonment or removal maybe effected without detriment to the public interest or under what conditions such proposed abandonment or removal may be safely effected and shall notify Grantee, according to such requirements as shall be specified in the City Engineer's and the Fire Chief's order to either: 1. Remove all or a portion of the Facilities, or 2. Abandon in place all or a portion of the Facilities, subject to reasonable conditions imposed by the City Engineer, Fire Chief and the City Attorney to protect public health, safety and welfare, and to protect City against future liability. If any portion(s) of the Facilities to be abandoned in place subject to the prescribed conditions shall not be abandoned in accordance with all such conditions, the City Engineer may make additional appropriate orders, including, as the City Engineer 11 +• c..r"i 7 1lV deems desirable, an order that Grantee shall remove all such portion(s) of the Facilities in accordance with applicable requirements. If any portion(s) or all of the Facilities are abandoned, all right, title and interest in those abandoned shall remain with Grantee, and City shall not acquire any possessory, equitable or other interest therein. SECTION 12, COMPLETION OF WORK. In the event that Grantee fails to commence any work or act and diligently proceed therewith, or to complete any such act or work required of Grantee by the terms of this Franchise within the time limits required hereby, City may cause such act or work to be completed by City or, at the election of City, by a private contractor. Grantee agrees to pay City within thirty (30) days after delivery of an itemized bill the cost of performing such act or work plus an amount equal to fifteen percent (15 %) thereof for overhead. If Grantee is dissatisfied with any decision made by the City Engineer hereunder or the determination of the cost of any work performed by City pursuant to this Franchise, it may petition the City Council to review the same within ten (10) days after such decision or determination is communicated to Grantee. The decision of the City Council shall be final and conclusive. SECTION 13, BOND. Grantee shall, within thirty (30) days of the Effective Date of this Franchise, file with the City Clerk, and yearly thereafter maintain in full force and effect, a bond in favor of City in the penal sum of Five Hundred Thousand Dollars ($500,000.00) with a surety to be approved by the City Finance Director, conditioned that Grantee shall truly observe, fulfill and perform each and every term and condition of this Franchise, and in the case of a breach of a condition of this Franchise and Grantee's refusal to remedy such breach, at the discretion of the City Council, the whole amount of the penal sum therein shall be paid to City in addition to any damages recoverable by city from the principal and sureties of the bond. If said bond is not so filed, the award of this Franchise will be set aside and any money paid by Grantee hereunder will be forfeited. LA= 139M-5 12 1 ��5 iii ]AX213985U whenever a bond is taken and deemed to be liquidated damages for any breach of a term or condition of this Franchise not remedied by Grantee, Grantee must immediately file another bond of like amount and character, and if Grantee fails to do so within the time set by the City Council, the Council may, by resolution, declare this Franchise forfeited. Nothing herein shall insulate Grantee from liability in excess of the amount of said bond or shall be construed as a waiver by city of any remedy at law against Grantee for any breach of the terms and conditions of this Franchise, or for any damage, loss or injuries suffered by City in case of any damage, loss or injury suffered by any person, firm or corporation by reason of any work done or any activity conducted by Grantee in the exercise of this Franchise. SECTION 14. INSURANCE REQUIREMENTS. A. LiMbility insurance. The Grantee shall, prior to the effective date of this Franchise, provide to the City a signed certification acknowledging the Grantee is self- insured for liability claims arising out of Grantee's use of this Franchise, in lieu of a policy or policies of general liability insurance, in the following amounts: comprehensive general liability insurance endorsed for contractual, broad form property damage and personal injury with a combined single limit of not less than $1,000,000.00 per occurrence; comprehensive auto liability endorsed for all owned and non -owned vehicles with a combined single limit of not less than $1,000,000.00 per occurrence; and hazardous materials and hazardous waste discharge coverage in an amount of not less than $1,000,000.00 per occurrence. B. Workers' Compensation Insurance. Prior to the Effective Date of this Franchise, Grantee shall file with City the following signed certification: "Grantee is aware of, and will comply with, Section 3700 of the Labor Code, requiring 13 La I ib wo usaw.s every employer to be insured against liability for Workers' Compensation or to undertake self- insurance before commencing any of the work." Grantee shall also comply with Section 3800 of the Labor Code by securing, paying for and maintaining in full force and effect for the duration of the term of this Franchise, complete Workers' Compensation Insurance as required by the State of California, or satisfactory evidence of self - insurance. C. Additional Insured. City and its respective elective and appointive officers, officials, employees and agents shall be named as additional insureds on the liability policies required under this Franchise. The coverage shall contain no special limitation on the scope of protection afforded to City, its officers, officials, employees and agents. For any claims related to this Franchise, Grantee's insurance coverage shall be primary insurance as respects City, its officers, officials, employees and agents. Any insurance or self- insurance maintained by City, its officers, officials, employees or agents shall be excess to Grantee's insurance and shall not contribute with it. D. Insurance Certificates. Prior to the Effective Date of this Franchise, Grantee shall file with City a certificate of insurance evidencing coverage in the amounts specified in this Section. Such certificate shall be subject to approval by City's risk manager. Such certificate shall bear an endorsement providing that the policy to which it relates shall not be terminated or materially altered except after thirty (30) days prior notice to City. E. Termination for Lack of Reguired Insurance Coverage. If Grantee for any reason fails to have in place at all times during the term of this Franchise all required insurance coverage, City may terminate this Franchise forthwith. 14 1255 110 ,SECTION 15. INDEMNIFICATION BY GRANTEE. Grantee shall indemnify, defend, protect and hold harmless City, its elective and appointive boards, officials, officers, employees, agents, volunteers, assigns and any successor or successors to City's interest from and against any and all claims, demands, losses, defense costs, reasonable attorney fees, fines, penalties, expenses, causes of action and judgments at law or in equity, damages, losses or liability of any kind or nature, including but not limited to personal injury or death or property damage, arising out of Grantee's exercise of this Franchise or operation of the Facilities, regardless whether any act or omission is authorized, allowed or prohibited by this Franchise. Additionally, Grantee shall indemnify, defend and hold harmless City, its elective and appointive boards, officials, officers, employees, agents, volunteers, assigns and any successor or successors to City's interest from and against all claims, demands, losses, defense costs, reasonable attorney fees, fines, penalties, expenses, causes of action and judgments at law or in equity, damages, losses or liability of any kind or nature, including but not limited to personal injury or death or property damage, and other expenses of any nature including but not limited to all foreseeable and all unforeseeable consequential damages, and the cost of any required or necessary repair, cleanup or detoxification, or the preparation and implementation of any response, remedial, removal, closure or other required plans (regardless of whether undertaken due to government action) arising out of or attributable to the presence, use, generation, storage, transportation, release, or disposal of Hazardous Material arising out of Grantee's exercise of this Franchise or the operation of the Facilities, regardless of whether any act or omission is authorized, allowed or prohibited by this Franchise. As used in this Section, Hazardous Material means any substance, product, waste or other material of any nature whatsoever which is or becomes listed, regulated or addressed pursuant to: (1) the Comprehensive Environmental Response, Compensation and Liability uxz 139M 5 15 1 45 7 �+ r11 4 4o LAM 13MO 5 Act of 1980, 42 D.S.C. §9601, et seq. (CERCLA); the Hazardous Materials Transportation Act, 49 U.S.C. 51801, at seq.; the Resource Conservation and Recovery Act, 42 U.S.C. 56901, et seq.; the Toxic Substances Control Act, 15 U.S.C. 52601, et seq.; the Clean Water Act, 33 U.S.C. 51251, et seq.; the California Hazardous waste Control Act, Health and Safety Code 525100, et seq.; the California Hazardous Substance Account Act, Health and Safety Code 525330, at seq.; the California Safe Drinking Water and Toxic Enforcement Act, Health and Safety Code 525249.5, et seq.; California Health and Safety Code 525280, et seq. (Underground Storage of Hazardous Substances); the California Hazardous Waste Management Act, Health and Safety Code 525170.1, et seq.; California Health and Safety Code 525501, et seq. (Hazardous Materials Response Plans and Inventory); or the Porter - Cologne Water Quality Control Act, Water Code 513000, et seq., all as amended; or (2) any other federal, state or local law regulating, relating to, or imposing liability or standards of conduct concerning any hazardous, toxic or dangerous waste, substance or materials, as now is, or at any time hereafter may be, in effect; or (3) any rule or regulation adopted or promulgated under or pursuant to any of said laws. If Grantee receives any notice, whether oral or written, of any inquiry, test, investigation, enforcement proceeding, environmental audit or the like regarding any Hazardous Material relating to this Franchise or the Facilities, Grantee shall immediately notify City in writing of such notice. The liability of Grantee hereunder shall not be limited to the insurance provisions of this Franchise. The indemnification, legal defense and hold harmless provisions of this Section shall survive the expiration or termination of this Franchise or the abandonment of the Facilities authorized hereunder and shall relate back to all periods of time in which Grantee maintained pipelines in City pursuant to this Franchise or previous franchises. 16 I �. G35 121 LJC21YM505 The provisions of this Section are intended to operate as an agreement pursuant to 5107(e) of CERCLA, 42 U.S.C. 59607(e), and California Health and Safety Code 525364, to insure, protect, hold harmless and indemnify City from liability pursuant to such laws. SECTION 16, LIQUIDATED DAMAGES. A. City finds and Grange agrees that as of the time of the execution of this Franchise it is impractical if not impossible to reasonably ascertain the extent of damages which would be incurred by City as a result of a material breach by Grantee of its obligations under this Franchise. The factors relating to the impracticability of ascertaining damages include, but are not limited to, the facts that: (i) substantial damage can result to members of the public when access to public rights of way are impeded or prevented due to construction within said rights of way; (ii) faulty or negligent repair or restoration of streets and public rights of way excavated pursuant to this Franchise can present particular danger to public health, safety and welfare; (iii) failure to restore streets in a timely manner can exacerbate all of the dangers and concerns outlined above; (iv) such breaches can cause inconvenience, anxiety, frustration and deprivation to individual members of the general public in subjective ways and in varying degrees of intensity which are incapable of measurement in precise monetary terms; (v) the monetary loss resulting from such breaches is impossible to calculate in precise monetary terms; and (vi) termination of this Franchise for such breaches, and other remedies are, at best, a means of future correction and not remedies which make the public whole for past breaches. B. Accordingly, the City Council may, in its discretion, assess liquidated damages not to exceed the sum of FIVE HUNDRED DOLLARS ($500.00) per day, for each calendar day that Grantee is in material breach of this Franchise. This provision for liquidated damages shall not be deemed an exclusive remedy or afford the exclusive procedure for remedying a material breach of this Franchise. 17 12 uxx ,waso s C. City finds, and Grantee acknowledges and agrees that the above described liquidated damages provisions represent a reasonable sum in light of all of the circumstances. Said liquidated damages sums shall be applicable to each calendar day of delay during which Grantee has been found by City to be in material breach of this Franchise, following Grantee's receipt of notification of such finding. Grantee shall pay any liquidated damages assessed by City within twenty (20) working days after they are assessed. If they are not paid within the twenty working day period, City may, in addition to any other remedies, ,order the termination of this Franchise. D. Grantee specifically agrees that failure to complete any portion of construction work or restoration of streets in accordance with the schedule set forth in the approved plans shall constitute a material breach of this Franchise for purposes of this Section, unless such failure is caused by conditions or actions not under Grantee's control. E. Both parties acknowledge and agree to the liquidated damages provisions of this Section as evidenced by their signatures below: "Grantee" SHELL CALIFORNIA PIPELINE COMPANY by: Jd— (1- RC Name typed oY prl &ted: Ohl 2. Z R OA Sa r.7 Title: R-F+,c j� FAc1. "City" SECTION 17. ASSIGNMENT A. Grantee shall not transfer, sell, hypothecate, sublet or assign this Franchise, nor shall any of the rights or privileges herein be hypothecated, leased, assigned, sold or transferred, either in whole or in part, nor shall title thereto, m X55 ��3 INC2 139850 5 either legal or equitable, or any right, interest or property herein, pass to or vest in any person, except Grantee, its affiliates or subsidiaries, either by act of Grantee or by operation of law, without the prior consent of City expressed by resolution. The aforesaid provisions of this Section shall not prohibit Grantee from using the Facilities for the purpose of transporting for other persons the products, but in such event Grantee shall be responsible to City for full performance and observance of the terms and conditions of this Franchise. B. Any sale, lease or assignment of this Franchise or the rights and privileges granted hereby, or any of them, except to Grantee, its affiliates or subsidiaries, without the prior written consent of the City Council shall be null and void. C. City shall not unreasonably withhold its consent to a transfer of this Franchise. For the purpose of determining whether it shall consent to such change, transfer or change in control, City may inquire into the qualifications of the prospective transferee or controlling party, and Grantee shall assist City in any such inquiry. In seeking City's consent to any change of ownership or control, Grantee shall have the responsibility of ensuring that transferee completes an application in form and substance reasonably satisfactory to City. An application shall be submitted to City not less than ninety (90) day& prior to the date of transfer. Grantee shall be required to establish that it is in material compliance with this Franchise. The transferee shall be required to establish that it possesses the qualifications and financial and technical capability to operate and maintain the Facilities and comply with all Franchise requirements for the remainder of the term of this Franchise. If City finds that the legal, financial, technical and other public interest qualities of the applicant are satisfactory, and that the proposed transferee has the capability to operate and maintain the Facilities and comply with requirements of this Franchise for the remaining term hereof, City shall consent to the transfer and 19 . L55 124 assignment of the rights and obligations of this Franchise. City may condition the transfer to ensure that the transferee is and remains in material compliance with this Franchise. D. City consent pursuant to this Section is further required for any change in control of Grantee. "Change in control" shall mean any sale, transfer or acquisition of Grantee, Grantee's parent, the parent of Grantee's parent, etc. if Grantee or its parent(s) is /are a corporation or corporations, any acquisition of more than ten percent (10%) of Grantee's voting stock by a person or group of persons acting in concert, who already own less than 50% of the voting stock, shall be deemed a change in control. E. Notwithstanding the above, Grantee shall be entitled to pledge, encumber, or grant any security interest in this Franchise, provided that Grantee shall first notify and obtain City consent in writing of such proposed transaction. City shall consent to such transaction, subject, however, to the following conditions: 1. Any consent so granted shall not be deemed a consent to such pledgee, encumbrancer, or secured party to exercise any rights or prerogatives of Grantee under this Franchise, nor to its exercise of any rights or prerogatives as a holder of an ownership interest in this Franchise. 2. Any consent so granted shall not be deemed a consent to any subsequent transfer or assignment as referred to in this Section. Any such subsequent transfer or assignment shall be deemed assignment of this Franchise within the meaning of this Section, and shall be subject to the provisions of this section. 3. The pledgee, encumbrancer, or secured party shall have executed and delivered to City an instrument in writing agreeing to be bound by the provisions of this Franchise. uxz 13w~w L i 125 VJC2.13MO 5 SECTION 18. RECEIVERSHIP AND FORECLOSURE A. Subject to applicable provisions of the Bankruptcy Code, this Franchise shall, at the option of City, cease and terminate one hundred twenty (120) days after appointment of a receiver or trustee to take over and conduct the business of Grantee whether in a receivership, reorganization, bankruptcy or other action or proceeding unless such receivership or trusteeship shall have been vacated prior to the expiration of said one hundred twenty (120) days, or unless: 1. Such receiver or t:astee shall have, within one hundred twenty (120) days after its election or appointment, fully complied with all terms of this Franchise and remedied all breaches of this Franchise or provided a plan for the remedy of such breaches which is satisfactory to City; and 2. Such receiver or trustee shall, within said one hundred twenty (120) days, execute an agreement duly approved by the court having jurisdiction, whereby such receiver or trustee assumes and agrees to be bound by each and every term, provision and limitation of this Franchise. B. Upon the foreclosure or other judicial sale of all or a substantial part of the Facilities, Grantee shall notify the City Clerk of such fact, and such notification shall be treated as a notification that a change in ownership of Grantee has taken place and that the provisions of this Franchise governing such changes shall apply. SECTION 19. WAIVER OF BREACH. No waiver of the breach of any of the covenants, agreements, restrictions or conditions of this Franchise by City shall be construed to be a waiver of any succeeding breach of the same or other covenants, agreements, restrictions or conditions of this Franchise. No delay or omission of City in exercising any right, power or remedy herein provided in the event of default shall be construed as a waiver thereof, or 21 126 LAU 139M5 acquiescence therein, nor shall the acceptance of any payments made in a manner or at a time other than is herein provided be construed as a waiver of or variation in any of the terms of this Franchise. SECTION 20. DEFAULT A. Default In any event that Grantee shall default in the performance of any of the terms, covenants and conditions of this Franchise, the City Manager may give written notice to Grantee of such default. In the event that Grantee does not commence the work necessary to cure such default within thirty (30) days after such notice is received or prosecute such work diligently to completion, the City Council may declare this Franchise forfeited by giving written notice thereof to Grantee, whereupon this Franchise shall be void and the rights of Grantee hereunder shall terminate and Grantee shall execute an instrument &urrendering this Franchise and deliver same to City. If the City Council declares this Franchise forfeited, it may thereupon and thereafter exclude Grantee from further occupancy or use of all City streets for the purposes authorized under this Franchise. Forfeiture of this Franchise shall not of itself operate to release the bond filed for this Franchise. Upon declaring this Franchise forfeited, the City Council may elect to take and accept the bond as liquidated damages therefor and pursue any other legal remedy for any damage, loss or injury suffered by City as a result of such breach. After forfeiture, the bond shall remain in full force and effect for a period of one (1) year unless exonerated by the City Council. No bond shall be exonerated unless a release is obtained from the City Engineer and is filed with the City Clerk. The release shall state whether all excavations have been backfilled, all obstructions removed, and whether the substrata or surfaces of the Streets have been placed in good and serviceable condition. A release shall not constitute a waiver of 22 +' r•1 5 127 1N(213%50 5 any right or remedy which City may have against Grantee or any person, firm or corporation for any damage, loss or injury suffered by City as a result of any work or activity performed by Grantee in the exercise of this Franchise. B. cumulative Remedies No provision herein made for the purpose of securing enforcement of the terms and conditions of this Franchise shall be deemed an exclusive remedy or to afford the exclusive procedure for enforcement of said terms and conditions, but the remedy and procedure herein provided, in addition to those provided by law, shall be deemed cumulative. SECTION 21, SCOPE OF RESERVATION. Nothing herein contained shall ever be construed so as to exempt Grantee from compliance with all ordinances of City now in effect or which may be hereafter which are not inconsistent with the terms of this Franchise. The enumeration herein of specific rights reserved shall not be construed as exclusive, or as limiting the general reservation herein made or as limiting such rights as City may have or hereafter have in law. SECTION 22. NOTICE. Any notice required to be given under the terms of this Franchise, the manner of service of which is not specifically provided for, may be served personally or by depositing same with First Class postage prepaid in the United States Mail addressed as follows: To City: Director of Public works City of E1 Segundo 350 Main Street El Segundo, California 94250 To Grantee: Shell California Pipeline Company ATTN Manager, West Coast Area Shell Pipe Line Corporation Box 4848 Anaheim, California 92803 -4848 1 �. O IAX2 1398505 Or such other address as may from time to time be furnished in writing by one party to the other. When service of any such notice is made by mail, the time of such notice shall begin within and run from three days after the date of the deposit of the same in the United States Mail. SECTION 23, SUCCESSORS. The terms of this Franchise shall inure to the benefit of and shall bind, as the case may be, the successors and assigns of the parties hereto, subject, however, to the provisions of Section 17 hereof. SECTION 24. INTERPRETATION. This Franchise is granted upon each and every condition herein contained, and shall be strictly construed against Grantee. Nothing shall pass to Grantee by this Franchise unless it be granted in plain and unambiguous terms. Each of said conditions is a material and essential condition to the granting of this Franchise. This Franchise shall be interpreted and construed according to the laws of the State of California. SECTION 25. ATTORNEYS' FEES if litigation is reasonably required to enforce or interpret the provisions of this Franchise, the prevailing party in such litigation shall be entitled to an award of reasonable attorneys' fees, in addition to any other relief to which it may be entitled. SECTION 26. ENTIRE AGREEMENT. This Franchise contains the entire understanding between City and Grantee. Any prior agreements, promises, negotiations or representations not expressly set forth herein are of no force or effect. Subsequent modifications to this Franchise shall be effective only if in writing and signed by all parties. It any term, condition or covenant of this Franchise is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Franchise shall be valid and binding. 24 1�:� SECTION 27. PUBLICATION EXPENSE. Grantee shall pay to City a sum of money sufficient to reimburse City for all publication expenses incurred in connection with the granting of this Franchise, said payment to be made within thirty (30) days after City shall have furnished Grantee a written statement of such expenses. Such sum is in addition to the Administrative Fee indicated in subsection C of Section 7 hereof. SECTION 28. EFFECTIVE DATE OF FRANCHISE. This Franchise shall not be in effect unless and until the ordinance of the City Council granting this Franchise is in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Franchise to be executed by their authorized representatives as of the Effective Date hereof CITY OF EL SEGUNDO ( "City" MAYOR ATTEST: Nam type or printed: C TY ERR APPROVED AS TO FORM Name typed or printed: 01 F24 T9 14t, I_� h' CITY ATTORNEY IAX2 139830 s 'u SHELL CALIFORNIA PIPELINE COMPANY ("Grantee") by: //W, Name tytVed printed: W 3, 3AC-KS yj Title: tin FAC.1 i 4•.I ./ A iJ B " � ® § 8 § � ■� 22 0 7K) K] k _,a � u -■ � A. «ao; .- ;q- � o3�e2 § s k f ƒaa \ 41 0 O§ƒ $ \ I _ � �& RE ■ g§ ( k §f § \� @ %!_ ( EXHIBIT "A" J } . A2 ! OF 6 131 SHELL CALIFORNIA PIPELINE COMPANY 6-INCH DIAMETER VENTURA PRODUCTS PIPELINE IN CITY OF EL SEGUNDO, LOS ANGELES COUNTY, CALIFORNIA A portion of A 6-inch diameter pipeline, 1. entering the jurisdiction of said City in Aviation Boulevard at a point on the common City of El Segundo /City of Hawthorne boundary line, said point being on the southeasterly property line of a railroad right of way, approximately 16 feet east of the centerline of Aviation Boulevard and 926 feet north of a prolongation of the centerline of a street designated Utah Avenue in the City of El Segundo and 135th Street in the City of Hawthorne, thence northerly in Aviation Boulevard approximately 2,946 feet following the meandenngs thereof, in an alignment vary;rg from approximately 16 feet to 18 feet east of the centerline thereof, to a point on the common City of El Segundo /County of Los Angeles boundary line, said point being approximately 17 feet east of and 112 feet south of the intersection of the centerline of Aviation Boulevard with a prolongation of the centerline of 124th Street, exiting the City of El Segundo and entering County of Los Angeles jurisdiction; 3. thence north in County of Los Angeles jurisdiction 1,323.5 feet to a point, said point being approximately 18 feet east of the intersection of the centerline of Aviation Boulevard with a prolongation of the centerline of 120th Street, re- entering City of El Segundo jurisdiction, 4 thence north in Aviation Boulevard 463 feet to a point, said point being approximately 18 feet east of the centerline of Aviation Boulevard and approximately 202 feet south of the centerline of 1 19th Street, where the pipeline exits the City of El Segundo and enters County of Los Angeles jurisdiction 482desc2.doc EXHIBIT "A" PAGE 2 OF 6 3 15 J. a u 4 A. A 2 y V F y C a. a y H V G: oaV �a C V 0 .c L 0E: V h O W N Q g w c UL' Vf H$ v"i NT VP,N 4 P F fG 00 y via d G W Uu O J. -55 � +D h oo ae m e�e� roma� ao are P P �< $t t I I Ott �p < 3 z3z BI: zzzz $ � z Gf O N O p N. �-p -� 4* 1 V� N ♦m a pr, i t + + 4 + + T ! + + i r. N M„ m- Vml b b r z m r m m m -m am- m m m m m m P A H V Vf H$ v"i NT VP,N �: P y W Vl W by hvi y�. Li via Pi � +D h oo ae m e�e� roma� ao are P P �< $t t I I Ott �p < 3 z3z BI: zzzz $ � z Gf O N O p N. �-p -� 4* 1 V� N ♦m a pr, i t + + 4 + + T ! + + i r. N M„ m- Vml b b r z m r m m m -m am- m m m m m m P M m 'Yea• 61 i .7 i , I r C FQQ �O d 0 4 0 � Fad Uv+� y6 -� EXHIBIT "A" U PAGE 3 OF 6 C m a i:,3 A H V y W Vl W by hvi y�. Li via Pi M m 'Yea• 61 i .7 i , I r C FQQ �O d 0 4 0 � Fad Uv+� y6 -� EXHIBIT "A" U PAGE 3 OF 6 C m a i:,3 26 thence northwesterly in Walnut Avenue approximately 75 feet, 27. thence west in Walnut Avenue, approximately 158 feet, 28 thence north, perpendicular to the sidelines of Walnut Avenue approximately 5 feet to the north right of way line thereof and to privately owned land, 29 thence north in privately owned land approximately 415 feet, 30 thence northwesterly in privately owned land approximately 3 feet to a point on the east right of way line of a northisouth alley 20 feet wide, 31 thence continuing northwesterly in said alley approximately 20 feet to a point, said point being 6 5 feet east of the west right of way line of said alley and opposite the cast terminus of an alley 20 feet wide extending west from said north/south alley, 32. thence north in said northisouth alley approximately 190 feet to a point on the south right of way line of Imperial Avenue, said point being approximately 645 feet east of the centerline of California Street, 33 thence north in Imperial Avenue approximately 55 feet to a point 25.1 feet north of the centerline thereof, 34. thence west in Imperial Avenue 5,903.2 feet to a point, said point being approximately 5 feet south of the north right of way line of Imperial Avenue and 110 feet east of a prolongation of the centerline of Virginia Street, 35 thence north in Imperial Avenue perpendicular to the sidelines thereof approximately 5 feet to a point on the north right of way line thereof 36 The pipeline then enters a median owned by the City of El Segundo and continues northerly therein approximately 91 feet at which point it exits the City of El Segundo. 482desc i.doc EXHIBIT "A" r, PAGE 6 OF 6 i �• >� 134 SHELL CALIFORNIA PIPELINE COMPANY POWER OF ATTORNEY SHELL CALIFORNIA PIPELINE COMPANY, a California corporation, with offices at Two Shell Plaza, 777 Walker Street, in Houston, Texas 77252 ( "SCPC "), hereby appoints and authorizes R. G. Ryman, J. A. Davis, or W. J. Jackson, its Agents and Attorneys in Fact, in SCPC name and behalf, to execute and deliver, accept, assign, amend, extend, terminate or release the following instruments and documents in the usual course of SCPC business relating to its pipelines and appurtenant facilities: (a) deeds, leases, subleases, easements, rights of way, licenses, permits, franchises, consents and other agreements for use of real property, whether or not to SCPC; and (b) applications for any of the foregoing relating to lands, waters or other property owned by or under the jurisdiction of any government or governmental authority, as well as any other applications or reports or statements (excepting tax reports or returns) required by any government or governmental authority; IN WITNESS WHEREOF the Corporation has caused this Power of Attorney to be signed by its President (duly authorized by resolution adopted by the Board of Directors on November 25, 1985) and attested by its Secretary. EXECUTED this 25th day of May , 1989. AT'.CST: SHELL CALIFORNIA PTPEE1*E,COMPAh `L W-6K JdAson, Secretary STATE OF TEXAS ) SS. COUNTY OF HARRIS ) Ki's..instrument was acknowledged before me on Ma 25 19 4�y�by��dsfD. Jasperson on behalf of Shell a i ornia ipe ine a corporation. OA At O f,L4 • %ilillt� �yy i'e,' . ... ••pe Notary Public -- ` 4PRM89SCPC.01 1355 RECORDING REQUESTED BY: City of E1 Segundo City Clerk 350 Main Street E1 Segundo, CA 90245 WHEN RECORDED MAIL TO: City of E1 Segundo City Clerk 350 Main Street El Segundo, CA 90245 WHEREAS, on July 20, 1959, the City of Los Angeles conveyed to the City of E1 Segundo certain real property described in that certain Grant Deed recorded in Book D561 at Page 787 through 790 of official records of the County of Los Angeles; and WHEREAS, said Deed imposed certain restrictions upon the use of said property by the Citv of E1 Segundo; and entitled: WHEREAS, on April 16, 1970, Ordinance No. 140,297 "AN ORDINANCE AUTHORIZING THE PRESIDENT OR TWO MEMBERS OF THE BOARD OF PUBLIC WORKS TO EXECUTE A CONSENT TO THE GRANTING OF CERTAIN SUBSURFACE PIPE LINE EASEMENTS BY THE CITY OF EL SEGUNDO; ", was passed by the Los Angeles City Council on April 16, 1970, approved by the Mayor of Los Angeles on April 20, 1970, and will become effective on May 31, 1970; and WHEREAS, by said ordinance the City of Los Angeles consents to the granting of subsurface easements by the City of E1 Segundo for pipeline purposes in, under, through, and across, that certain parcel of real property conveyed by the City of Los Angeles to the City of E1 Segundo by Grant Deed recorded August 5, 1959, in Book D561 at Page 787 through 790 of official records of Los Angeles County, and further authorized the President of, or two members of, the Board of Public Works of the City of Los Angeles to execute the consent to grant said subsurface easements and the City Clerk to attest thereto; NOW, THEREFORE, THE CITY OF EL SEGUNDO, a municipal corporation, does hereby grant to Shell California Pipeline Company, a California Corporation, a corporation (Grantee), a subsurface easement for a period commencing with the approval of this Grant of Subsurface Easement, ending on the 22nd day of April, 2006, for the purpose of maintaining and operating one pipeline not exceeding eight (8) inches internal diameter for the purpose of transporting aviation jet fuel over, across and along the following described real property: EXHIBIT "B" ?W -MAY21 Ens (Wednesday 5/2296 11 00 am) 136 A strip of land 10.00 feet in width the center line of which is described as follows: BEGINNING at a point in the north line of imperial Avenue (60 feet wide) 109.00 feet easterly of the center line of Virginia Street (50 feet wide); THENCE northerly 111.00 feet to the north city boundary. The City of E1 Segundo is to fully use and enjoy the premises except for the purpose granted to the Grantee. Grantee hereby agrees to maintain all pipes a sufficient depth so as not to interfere with the use of the property by the City of El Segundo, and to pay any damages which may arise as a result of its use. This grant of subsurface easement is not intended to and shall not be construed to permit the exercise of any rights which would cause a reversion of said premises to the City of Los Angeles, or to its successors or assigns. This Grant of Subsurface Easement will be of no virtue, force, or effect, except to the extent the same is consented to by the City of Los Angeles, pursuant to the authorization of the said ordinance No. 140,297. IN WITNESS WHEREOF, the said City of E1 Segundo has hereunto caused its corporate name and seal to be hereunto subscribed and affixed by its proper officers first thersunto duly authorized. APPROVED this 4th day of Jump , 1996 ATTESTED: ndy No a en ,City Clerk (Seal) APPROVED TO POM: City Attmrney andra Jacobs, or of the City o Segundo, California PW- MAYXZAS (Ftldq 3/3/96 9.OD AM 13 7 SHELL OIL COMPANY $-INCH DIAMETER CARSON PLANT #6 (LAX PRODUCTS) PIPELINE IN CITY OF EL SEGUNDO, LOS ANGELES COUNTY, CALIFORNIA A portion of an 8-inch diameter pipeline, 1. entering the jurisdiction of said City at the common City of El Segundo/City of Hawthorne boundary line on the centerline of Aviation Boulevard at a point approximately 270 feet north of the centerline of Roseerarts Avenue; 2. thence northwesterly in Aviation Boulevard approximately 50 fed to a point on the west right of way line thereof, said point being approximately 310 fed north of the centerline of Rosecrans Avenue; 3. thence generally northwesterly in privately owned land various courses and distances totaling approximately 7,243 linear fed to a point on the south right of way line of El Segundo Boulevard, said point being approximately 185 fed cast of the centerline of Sepulveda Boulevard, 4. thence northwesterly across El Segundo Boulevard 154 fed to a point on the north right of way line thereof, said point being approximately 100 fed east of the centerline of Sepulveda Boulevard. 5. At this point the pipeline enters privately owned land and proceeds generally northnorthwesterly therein various courses and distances totaling approximately 190 linear feet to a point on the east right of way line of Sepulveda Boulevard, said point being approximately 200 fed north of the north right of way line of El Segundo Boulevard; 6. thence west across Sepulveda Boulevard perpendicular to the sidelines thereof 100 feet; thence in privately owned land northwesterly approximately 1,016 feet to a point on the south right of way line of Grand Avenue, said point being approximately 190 feet east of a prolongation of the centerline of Illinois Street; thence north across Grand Avenue perpendicular to the sidelines thereof 60 feet to privately owned land; 9 thence north in privately owned land 36.6 teen 10 thence northwesterly in privately owned land 473.3 feet to a point on the east right of way line of Illinois Street, said point being approximately 288 feet north of the north right of way line of Grand Avenue; 482descl.doc EXHIBIT "A" i 5 PAGE 4 OF 6 1 `� I1. thence west across Illinois Street perpendicular to the sidelines thereof 50 feet to privately owned land, 12 thence west in privately owned land 63.3 feet; 13. thence northwesterly in privately owned land 150 feet, 14, thence northerly in privately owned land approximately 1,036 feet to a point on the south right of way line of Mariposa Avenue, said point being approximately 143 feet west of the centerline of Illinois Street; 15 thence north across Marposa Avenue perpendicular to the sidelines thereof 50 feet to privately owned land east of Washington Street, 16 thence north in privately owned land approximately 139 feet; 17, thence northwesterly in privately owned land approximately 28 feet, 18 thence north in privately owned land approximately 326 feet to a point on the south right of way line of Palm Avenue, said point being approximately 30 feet east of the centerline of Washington Street, 19. thence across Palm Avenue perpendicular to the sidelines thereof 40 feet to privately owned land east of Washington Street, 20 thence north in privately owned land approximately 656 feet to a point on the south right of way line of Maple Avenue, said point being approximately 30 feet east of the centerline of Washington Street, 21. thence across Maple Avenue perpendicular to the sidelines thereof 50 feet to privately owned land east of Washington Street, 22 thence north in privately owned land approximately 322 feet to a point on the south right of way line of Sycamore Avenue, said point being approximately 30 feet east of the centerline of Washington Street, 23 thence across Sycamore Avenue perpendicular to the sidelines thereof 50 feet to privately owned land cast of Washington Street; 24, thence north to privately owned land approximately 314 feet to a point on the south right of way line of Walnut Avenue, said point being approximately 25 feet east of the centerline of Washington Street, 25 thence north in Walnut Avenue approximately 15 feet, 482descl.doc 2 � EXHIBIT "A" PAGE 5 of 6 i3r� EL SEGUNDO CITY COUNCIL MEETING DATE: March 21, 2006 AGENDA ITEM STATEMENT AGENDA HEADING- Consent Agenda AGENDA DESCRIPTION: Consideration and possible action on the Police Department utilizing up to $72,000 of existing Citizens Option for Public Safety (COPS) grant funds to operate on an overtime basis, special law enforcement details during the calendar year Additionally, purchase supplemental fitness (1) Approve the use of COPS grant funds for special law enforcement details and the purchase of gym equipment, 2) Alternatively, discuss and take other action related to this item BACKGROUND & DISCUSSION. During the 1996 legislative session, the state government adopted legislation to provide block grant money for law enforcement purposes This is known as the Citizens Option for Public Safety (COPS) grant Specific to the grant guidelines are that the funds be utilized for "front line law enforcement' and that they be used to supplement existing programs In February, 2005, the City Council approved a request by the Chief of Police to utilize up to $50,000 of the existing COPS grant funds to staff, on an overtime basis, Specialized Law Enforcement Details These enforcement teams, during calendar year 2005, addressed and impacted crimes such as auto theft /burglary, robbery, "tagging ", and Driving Under the Influence (DUI) Of particular note, officers working DUI enforcement made in excess of 100 arrests during the time frame Of the requested $50,000, approximately $30,000 was utilized It is proposed that similar details will be funded, up to $40,000, during CY 2006 (cont ) ATT Vendor Quotes FISCAL IMPACT: Operating Budget. $300,000.00 Amount Requested- $72,000 Account Number. 120 -400- 000 -8104 Project Phase: Appropriation Required. _Yes X No WORID BY: DATE. March 13, 2006 , C ie of Police DATE: 3/1f City Manager 13 I BACKGROUND & DISCUSSION' (Continued) In 1999, the Police Department utilized approximately $32,000 from the asset forfeiture account to remodel, expand, and equip the gym The aerobic equipment purchased in 1999 is in need of replacement due to age and deterioration Modern equipment also contains elements that provide additional safety and fitness features not available on older machines It is proposed that the new equipment be of "commercial grade" in that this is identical to what is utilized in fitness centers similar to the Spectrum Club, Bally's, and 24 Hour Fitness A review of equipment best suited for the Police Department gym revealed that Life Fitness manufactures a high quality product that is used throughout the fitness industry The individual pieces of equipment were identified and three vendor quotes were obtained It is proposed that the vendor with the lowest bid, LA Gym Equipment be selected The requested amount of $32,000 includes a 10% contingency buffer lrai cG r= Commercial Consultant Rick Moser QUOTE #1 (800)783 -7621 ext 21 Fax (818)232 -4111 Quote# 9233 -3 Sls# 86385 Date 12/8/2005 SOLD TO SHIP TO EL SEGUNDO POLICE DEPT Price EL SEGUNDO POLICE DEPT 348 MAIN STREET r� 348 MAIN STREET EL SEGUNDO, CA 90245 $2,09841 EL SEGUNDO, CA 90245 ROGER STEPHENSON (310) 524 -2268 1 ROGER STEPHENSON (310) 524 -2268 MITCH TAVERA (310) 345 -0223 MITCH TAVERA (310) 345 -0223 rstephenson @elseg undo org rstephenson @elsegundo ding Item# Description Qty Price Extension $24,96480 r� $2,059 60 Freight $2,09841 1 LIFE FITNESS 95Ci UPRIGHT BIKE 1 $1 949 35 $1,949 35 Model LIF- LC- 95CI -UP -BIKE LA Gym ID 320112 INK 2 LIFE FITNESS 95RI RECUMBENT BIKE - 2 $2,014 35 $4 028 70 Model LIF -LC -95RI LA Gym ID 340026 .A► 3 LIFE FITNESS 95TI TREADMILL 2 $4,549 35 $9,098 70 Model LIF -TR- 95TI -TREAD LA Gym ID 220163 VL q LIFE FITNESS 95x1 ELLIPTICAL CROSSTRAINER 2 $3 119 35 $6,238 70 Model LIF CT -95XI LA Gym ID 440076 5 LIFE FITNESS 95Si STAIRCLIMBER 1 $1,949 35 $1 949 35 Model LIF -SC -95S( LA Gym ID 420067 ppyyrres� ECtARN M 6 WATERROWER # S4 -S1 STAINLESS STEEL INDOOR ROWER 1 $1,700 00 $1 700 00 Model MSC -N -ST LA Gym ID 1893 Desired Delivery Date Estimated Lead Time Flame Color Upholstei y Coloi Comments GOLD'S GYM DISCOUNT - 35% OFF LIFE FITNESS PRICING INCLUDES INSTALLATION Customer Appi oval Signatuie Date Taxable Extension Total $24,96480 Delivery /Assembly $000 Taxable Sub Total $24,96480 Tax 825% $2,059 60 Freight $2,09841 TOTAL $29,122 81 p itlti QUOTE #2 NATIONAL ACCOUNTS EQUIPMENT PROPOSAL x - Proposal Number MB1214054 Date 14- Dec -05 Phone 253 - 946 -4225 From IMarc Berry - National Accounts Fax 253- 946 -4318 348 Main Street El Segundo, CA 90245 Roger Stephenson - 310 524 2268 Mitch Tavera - 310 345 0223 348 Main Street El Segundo, CA 90245 Roger Stephenson - 310 524 2268 Mitch Tavera - 310 345 0223 Item Product Description Qty 3 -5 weeks Your Price Extended Price 950 Life Fitness Upright Bike 1 $2,999 $2,999 95Rt Life Fitness Recumbent Bike 2 3,099 6,198 95Ti Life Fitness Treadmill 2 6,999 13,998 95Xi Life Fitness Elliptical Trainer 2 4,799 9,598 95Si Life Fitness Stair Climber 1 2,999 2,999 S4S1 Water Rower 1 2,000 2,000 0 l YJ Notes Lead Time 3 -5 weeks Valid For 45 days Payment Terms Net 30 w /credit application Package Sub Total Shipping /Installation Sales Tax @ 8 25% Total Applicable state sales tax will be added to all invoices at the time of billing Please sign and date the proposal to accept the terms and activate the order Signature Date IMMMiER TIMI-inj afj LrfeFitness 5100 North River Road Schiller Park, IL 60176 1 -847- 288 -3676 $ 37,792 00 $ 37,792 00 $ 2,17500 $ 3,11784 $43,08484 A i 14'1 advanced ROM w - 9500 W 49th Ave, D -100 Wheat Ridge, CO 80033 Ph 800 -520 -1112 Fax 303 - 996 -0063 Bill To El Segundo Police Dept 348 Main Street El Segundo, CA 90245 Roger Stephenson 310 -524 Mitch Tavera 310 - 345 -0223 rstepenson @elsegundo org QUOTE #3 Commercial Sales Quotation Ship To El Segundo Police Dept 348 Main Street El Segundo, CA 90245 Roger Stephenson 310 -524 Mitch Tavera 310 - 345 -0223 rstepenson @elsegundo org y , Date 12/11/2005 Quote Expires 1/10/2006 Quote Number 000257 Questions Please call Bob Dicandia 602 -550 -5032 Part # Mfg. Model# Mfr Description Price Qty Extend $37,037.38 PROPOSAL 2070071 95Ci LIF LF 95Ci Lifecycle Upright Exercise Bike $2.54900 1 $2,549 OO 2050040 95Ri LIF LF 95Ri Lifecycle Recumbent Exercise $2,63400 2 $5,268 00 Bike 2065083 95Ti LIF LF 95Ti Treadmill w/ 4 In p AC & Lifepulse $5,94900 2 $11,89800 2015045 95X1 LIF LF 95Xi FltStnde CrossTramer W/ HR $4,07900 2 $8,15800 2060035 95Si LIF LF 95Si Stairclimber $2,54900 1 $2,54900 2035022 FDR -B HCI Health Care International Commercial $1,82500 1 $1,82500 Fluid Rower- Black i 1 accept the terms and conditions of this quotation Signed Name Title Terms* 50% down 50% upon delivery- or approved PO Date Equipment Requested / / • Special Orders Require a 50% Non - refundable deposit • Returned Commercial Items are subject to a 25% restocking fee • Storage & Re- Delivery Fees will apply to delayed Installtions of 15 days or more Discounts are based on this particular group /an our volume of products For other package of products, or individual product pricing, Sub -Total $32,24700 Dellinst /Frt $2,13000 Tax $2,66038 Total $37,037.38 Comments All LifeFitness treadmills require a 110 Volt, 20 amp dedicated circuit, with a 1144 EL SEGUNDO CITY COUNCIL AGENDA ITEM STATEMENT MEETING DATE: March 21, 2006 AGENDA HEADING: Consent Consideration and possible action regarding adoption of a resolution authorizing the Director of Planning and Building Safety to sign Notices of Completion for projects completed underthe Residential Sound Insulation Program RECOMMENDED COUNCIL ACTION. Recommendation — (1) City Council adopt a Resolution authorizing the Director of Planning and Building Safety to sign Notices of Completion related to Residential Sound Insulation Projects; and /or (2) Alternatively discuss and take other action related to this item BACKGROUND & DISCUSSION. Each Residential Sound Insulation (RSI) Program Agreement between the City and the Owners of a property Included in the RSI Program, states that the agreement will be recorded at the County Clerk's Office This procedure has been followed for several years Recently It has come to staffs attention that by not filing a Notice of Completion, title searches on such properties reveal the contract without any indication that the work is complete on the home and the contract is closed The City has Issued Notices of Completions on homes to the Property Owners, Contractors, and City Clerk's Office for several years, but only recently has that form been rejected by the County Clerk's Office In researching the reasoning behind such rejection, it has been determined that the format required by the County Clerk's Office is currently only authorized to be signed by the Public Works Director As the Public Works Director has no direct Involvement In the RSI Program, and due to the number of homes to be treated by the program on an annual basis (an estimated 300 homes per year), staff recommends the authorization of the Director of Planning and Building Safety to sign such Notices of Completion ATTACHED SUPPORTING DOCUMENTS' Resolution No. FISCAL IMPACT. Operating Budget. N/A Amount Requested. N/A Account Number. N/A Project Phase: N/A Appropriation Required: _ Yes X No ORIGINATED BY- DATE: March 9, 2006 Seimone Jurjis, erector of Planning and Building Safety REVIEW7,1,Y /, / DATE. q �5 1 City Manager P \Planning k Building Safety \S3ur7is \2taff Reports Part 2 \RSI Notice of Completion \Staff Report - y March 21 2006 (NOC Resolution)2 doc -J4 i45 RESOLUTION NO. A RESOLUTION DELEGATING AUTHORITY TO THE RSI PROGRAM MANAGER TO RECORD NOTICES OF COMPLETION PURSUANT TO CIVIL CODE § 3184. The City Council of the city of El Segundo resolves as follows SECTION 1 The City Council finds and declares as follows A Under California law, subcontractors on a public works project may serve the City with a stop notice to ensure that they are paid for their work If such stop notices are timely filed, the City has a duty to withhold sufficient money from the general contractor in order to pay the claim and any reasonable costs of litigation, B To be effective, stop notices must be served on the City either within thirty (30) days after the City records a notice of completion or, if a notice of completion is not filed, within ninety (90) days after the project is deemed complete, C A public project is deemed complete either when the project is accepted by a public entity or work ceases for thirty (30) days, D The Residential Sound Insulation ( "RSI ") Program is operated and managed, in large part, like a public works project Although the Program seeks to improve private property, it is in the public interest for construction projects associated with the Program to be bid in accordance with the El Segundo Municipal Code (`SSMC ") and Public Contracts Code ( "PCC ") to the extent practicable Accordingly, most of the procedural requirements for public works projects have been integrated into the RSI Program including, without limitation, form contracts and specifications that are substantially the same as the City's standard public works projects E Were the RSI Program an actual public works project, the City Council would deem when the project was complete and direct the City Engineer to record a notice of completion ( "NOC ") Because the RSI Program is unique, however, the City Council believes that determining whether phases of the overall Program, i c, RSI improvements performed on private property, is a ministerial task best delegated to the Director of Planning and Building Safety. F Further, it is in the public interest for the City to make final payments on a RSI projects as expeditiously as is practical in order to honor its contractual obligations to the general contractor and limit the City's exposure to any additional liabilities, 146 G Accordingly, delegating authority to the Director of Planning and Building Safety to record NOCs as they relate to the RSI Program will help ensure that such notices are recorded promptly and avo;u unnecessary delays SECTION 2 The Director of Planning and Building Safety, with City Manager approval, is authorized to record notices of completion, in a form approved by the City Attorney, pursuant to Civil Code § 3184 SECTION 3 The Director of Planning and Building Safety is directed to inform the City Council regarding the recordation of a notice of completion as soon as practicable but not later than thirty (30) days after such recordation Failure to inform the City Council within this time period will not invalidate the notice of completion SECTION 4 This Resolution will become effective immediately upon adoption Attest Cindy Mortesen, City Clerk Apprw, Mark T PASSED AND ADOPTED this _ day of _ 2006 Kelly McDowell, Mayor y Attorney i i EL SEGUNDO CITY COUNCIL MEETING DATE. March 21, 2006 AGENDA ITEM STATEMENT AGENDA HEADING- New Business AGENDA DESCRIPTION. Consideration and possible action regarding - (1) Introduce an Ordinance to adopt an amendment to the 2001 California Building Code requiring new residential units to be in compliance with the requirements of the City's Residential Sound Insulation program, 2) setting second reading and adoption for April 4, 2006. RECOMMENDED COUNCIL ACTION- Recommendation - (1) Introduce an Ordinance amending the 2001 California Building Code to add residential sound insulation standards, (2) schedule second reading and adoption forApril 4, 2006, and /or (3) Alternatively, discuss and take other action related to this item BACKGROUND & DISCUSSION: On January 30, 2006 the City of El Segundo entered into a settlement agreement with Los Angeles World Airports (LAWA) regarding the planned expansion of the Los Angeles Airport (LAX) Since, the Residential Sound Insulation (RSI) program operates under the new terms of the settlement agreement, a provision in the agreement requires that residential units, that are newly constructed and not part of the RSI program, would meet or exceed the same sound insulating standards as compared to residential units that are retrofitted under the RSI program By amending the adopted building code with the attached ordinance the City ensures that new residential construction, including additions, will be in compliance with the requirements of the City's Residential Sound Insulation program ued on next Draft Ordinance FISCAL IMPACT None Operating Budget: NIA Amount Requested: N/A Account Number N/A Project Phase, N/A Appropriation Required: _ Yes X No ORIGINATED BY. DATE.3 Seimone Jurjis, Director of Planning and Building Safetv DATE. 1i /15 /G� City Manager 14 8 is STAFF REPORT. March 21, 2006 Page 2 BACKGROUND & DISCUSSION (cont.) The requirement for new residential construction to meet the same sound Insulating standard as required under the RSI program, maybe accomplished using two different methods The first method would allow an applicant that Is proposing to construct a new residential structure or add on to an existing one, to hire an acoustical engineer to perform an analysis and provide a report stating the specific requirements needed to ensure that the Internal noise levels due to LAX do not exceed 45 db The second method would allow an applicant to use the construction standards stated in the attached ordinance This would relieve the applicant from having to hire an acoustical consultant SUMMARY OF CHANGES The greatest difference between current standards of construction and the building code amendments proposed in the attached ordinance are 1) the entire structure or room addition must be covered with plywood versus only where required by the structural engineer, 2) cook top hoods cannot exhaust to the outside air, 3) new drywall on the Interior must be 5/8" versus ''Y2" thickness; 4) windows must meet the specific sound insulting rating as required by the RSI program COST OF CHANGES The average cost to retrofit a residential unit under the City's RSI program Is $43,000. This Includes the cost of analysis, design, construction management, construction, and inspection It Is anticipate the requirements of the attached ordinance would increase the cost of new development an additional $25,000 per structure P \Planning & Building Safety \Sturlis \Staff Reports Part 2 \RSI Code Adoption \CC Staff report RSI Ordinance Amendment 3 -21 -2006 doc 149 ORDINANCE NO. AN ORDINANCE ADDING § 13 -1 -4 TO THE EL SEGUNDO MUNICIPAL CODE AND AMENDING THE 2001 CALIFORNIA BUILDING CODE ( "CBC ") BASED UPON LOCAL CLIMATIC, TOPOGRAPHIC, AND GEOGRAPHICAL CONDITIONS. The council of the city of El Segundo does ordain as follows SECTION 1 FINDINGS The City Council finds and declares as follows. A In accordance with Health and Safety Code § 17958 7, the City Council incorporated the 2001 Edition of the California Building Code ( "CBC'), along with certain amendments, into the t Segundo Municipal Code ( "ESMC ") by Ordinance No 1349, adopted October 15, 2002 B Pursuant to the requirements of Health and Safety Code § 17958 7, the City Council finds that there are local geographical conditions justifying the CBC amendments set forth below Specifically, the City abuts the Los Angeles International Airport ( "LAX "), one of the largest international airports in the world Consequently, the City and its citizens are profoundly affected by noise generated from air traffic using LAX Amending the ESMC and CBC through the additions in this Ordinance will help reduce the noise impact from air traffic and help improve public health, safety, and welfare including, without limitation, quality of life and property value C Based upon the foregoing findings, the changes made to the CBC by this Ordinance are reasonably necessary to provide sufficient and effective protection of life, health and property SECTION 2 A new section 13 -1 -4 is added to the El Segundo Municipal Code ( "ESMC ") to read as follows "13 -1 -4 Residential Noise Insulation Standards; Further Amendments to the Code CBC Appendix § 1208A 8 3 is added to read as follows Airport Noise Sources 1208A 8 3 01 Noise Insulation Requirements for New Construction 1208A 8 3 02 Purpose and Scope The purpose of this section is to establish minimum noise insulation performance standards for new residential dwelling units and additions of habitable rooms to Page 1 of 9 .L existing residential dwelling units to protect public health, safety, and welfare from the effects of excessive noise, including without limitation, indoor quality of life, speech interference, and sleep disruption 1208A 8 3 03 Applicability This section applies to all newly constructed residences and habitable room additions to existing residences 1208A 8 3 04 Definitions For purposes of this section, the following words must have the following meaning "Community Noise Equivalent Level (CNEL)" means the noise measure defined in 21 Code of California Regulations § 5001(d), and any successor regulation or amendment "Habitable Room" means a room that is a space in a structure for living, sleeping, eating, or cooking Bathrooms, toilet compartments, closets, halls, storage or utility space, garages, and similar areas are not considered habitable space "LAX" means Los Angeles International Airport "Noise Impact Boundary for LAX" means the area around LAX as defined in 21 California Code of Regulations § 5001(1), and any successor regulation or amendment The City's Building Safety Department must at all times maintain a current map of the Noise Impact Boundary "Residence" means any Occupancy Group R building as used in El Segundo Title 15 of the El Segundo Municipal Code 1208A 8 3 05 Standards Any new Residence or addition of one or more habitable rooms to an existing Residence that is within the Noise Impact Boundary for LAX must be designed to ensure that internal noise levels due to LAX do not exceed of 45 dB CNEL. This standard may be satisfied in two ways (1) by performing the acoustical analysis described in section E, below, or (2) by employing the prescribed construction methods described in section F, below 1208A.8 3 06 Acoustical Analysis A building permit application for a new Residence or addition of one or more habitable rooms to an existing Residence must comply with the minimum noise insulation performance standards established in this section if it includes an acoustical analysis demonstrating that the proposed design will ensure that internal noise levels due to LAX aircraft noise will not exceed 45 dB CNEL The acoustical analysis is subject to verification by the Building Official, who has the discretion to require post-construction/pre- occupancy acoustic measurement to verify compliance with the 45 dB CNEL standard A The acoustical analysis must be prepared by or under the supervision of a person experienced in the field of acoustical engineering The analysis must consider and include the topographical relationship between LAX aircraft noise sources and the Page 2 of 9 151 dwelling site, the characteristics of those noise sources, predicted noise spectra and levels at the exterior of the dwelling site, the basis for this prediction (measured or obtained from published data), the noise insulation measures to be employed, and the effectiveness of the proposed noise insulation measures B If the interior allowable noise levels are to be met by requiring that windows be unopenable or closed, the design for the structure must also specify a ventilation or air - conditioning system to provide a habitable interior environment The ventilation system must not compromise the interior room noise reduction 1208A 8 3 07 Prescribed Construction Methods A building permit application for a new Residence or addition of one or more habitable rooms to an existing Residence must comply with the minimum noise insulation performance standards establish in this section if the design incorporates the following construction methods CONSTRUCTION METHODS IN THE 70 DB CNEL AND GREATER NOISE ZONE 1208A 8 3 08 Exterior Walls New walls that form the exterior portion of habitable rooms must be constructed as follows A Studs must be at least 4 inches in nominal depth B Exterior finish must be stucco, minimum 7/8 -inch thickness, brick veneer, masonry, or any siding material allowed by this code Wood or metal siding must be installed over %retch minimum solid sheathing C Masonry walls with a surface weight of less than 40 pounds per square foot must require an interior supporting studwall that is finished with at least 5/8 -inch thick gypsum wall board or plaster D Wall insulation must be at least R -11 glass fiber or mineral wool and must be installed continuously throughout the stud space E Exterior solid sheathing must be covered with overlapping asphalt felt F Interior wall finish must be at least 5/8 -inch thick gypsum wall board or plaster 1208A 8 3 09 Exterior Windows A Openable Windows All openable windows in the exterior walls of habitable rooms must have a laboratory sound transmission class rating of at least STC 40 dB and must have an air infiltration rate of no more than 0 5 cubic feet per minute when tested according to ASTM E -283 Page 3 of 9 152 habitable rooms must B Fixed Windows All fixed windows in the exterior walls of Have a sound transmission class rating of at least STC 40 Must be 5/8 inch laminated glass with STC rating of 40 dB and must be set in non - hardening glazing materials, or Must be glass block at least 3 -1/2 inches thick C The total areas of glazing in rooms used for sleeping must not exceed 20% of the wall area 1208A 8 3 10 Exterior Doors A Exterior hinged doors to habitable rooms that are directly exposed to aircraft noise and are facing the source of the noise must be a door and edge seal assembly that has a laboratory sound transmission class of at least STC 40 dB B Exterior hinged doors to habitable rooms that are not directly exposed to aircraft noise and do not face the source of the noise must have a minimum STC rating of 35 dB C Sliding glass doors in habitable rooms must not be allowed in walls that are directly exposed to aircraft noise Sliding glass doors in walls that are not directly exposed must have an STC rating of at least 40 dB D Access doors from attached garage to the interior of a residence must have an STC rating of at least 30 dB 1208A 8 3 11 Roof/Ceiling Construction A Roof rafters must have a minimum slope of 4 12 and must be covered on their top surface with minimum '' /a -mch solid sheathing and any roof covering allowed by this code B Attic insulation must be batt or blow -in glass fiber or mineral wool with a mimmum R -30 rating applied between the ceiling joists C Attic ventilation must be. 1 Gable vents or vents that penetrate the roof surface that are fitted with transfer ducts at least 6 feet in length that are insulating flexible ducting or metal Page 4 nf 9 �JaI ducts containing internal 1 -inch thick coated fiberglass sound absorbing duct liner Each duct must have a lined 90- degree bend in the duct so that there is no direct line of sight from the exterior through the duct into the attic, or Noise control louver vents, or Eave vents that are located under the eave overhang 4 Ceilings must be finished with gypsum board or plaster that is at least 5/8 -inch thick Ceiling materials must be mounted on resilient channels 5 Skylights must penetrate the ceiling by means of a completely enclosed light well that extends from the roof opening to the ceiling opening A secondary openable glazing panel must be mounted at the ceiling line or at any point that provides at least a 4 -inch space between the skylight glazing and the secondary glazing and must be glazed with at least 3/16 -inch plastic or laminated glass The weather -side skylight must be any type that is permitted by the Building Code The size of skylights must be no more than 20 percent of the roof area of the room 1208A 8 3 12 Ventilation A A ventilation system must be provided that will provide at least the minimum air circulation and fresh air supply requirements of this code in each habitable room without opening any window, door or other opening to the exterior All concealed ductwork must be insulated flexible glass fiber ducting that is at least 10 feet long between any two points of connection B Kitchen cooktop vent hoods must be the non - ducted recirculating type with no ducted connection to the exterior 1208A,8 3 13 Fireplaces Each fireplace must be fitted with a damper at the top of the chimney that is operated from the firebox and must have glass doors across the front of the firebox 1208A 8 3 14 Wall and Ceiling Openings Openings in the shell of the Residence that degrade its ability to achieve an interior CNEL rating of 45 dB or less when all doors and windows are closed are prohibited unless access panels, pet doors, mail delivery drops, air - conditioning, or other openings are designed to maintain the 45 dB CNEL (or less) standard in the room to which they provide access CONSTRUCTION METHODS IN THE 65 DB CNEL TO 70 DB CNEL NOISE ZONE 1208A 8 3 15 Exterior Walls New walls that form the exterior portion of habitable rooms must be constructed as follows A Studs must be at least 4 inches in nominal depth Page 5 of 9 154 B Exterior finish must be stucco, minimum 7/8 -inch thickness, brick veneer, masonry, or any siding material allowed by this code. Wood or metal siding must be installed over % -inch solid sheathing C Masonry walls with a surface weight of less than 40 pounds per square foot will require an interior studwall that is finished with at least 5/8 -inch thick gypsum wallboard or plaster D Wall insulation must be at least R -11 glass fiber or mineral wool and must be installed continuously throughout the stud space E Exterior solid sheathing must be covered with overlapping asphalt felt F hiterior wall finish must be at least 5/8 -mch thick gypsum wallboard or plaster 1208A 8 3 16 Exterior Windows A Openable Windows All openable windows in the exterior walls of habitable rooms must have a laboratory sound transmission class rating of at least STC 35 dB and must have an air infiltration rate of no more than 0 5 cubic feet per minute when tested according to ASTM E -283 B Fixed Windows All fixed windows in the exterior walls of habitable rooms must be at least 1/4-inch thick and must be set in non - hardening glazing materials. C The total area of glazing in rooms used for sleeping must not exceed 20% of the floor area 1208A 8 3 17 Exterior Doors A Exterior hinged doors to habitable rooms that are directly exposed to aircraft noise and are facing the source of the noise must be a door and edge seal assembly that has a laboratory sound transmission class of at least STC 35 dB B Exterior hinged doors to habitable rooms that are not directly exposed to aircraft noise and do not face the source of the noise must have a minimum STC rating of 30 dB inch thick. C Sliding glass doors in habitable rooms must have glass that is 1/4- Page 6 of 9 I5J D Access doors from a garage to a habitable room must have an STC rating of at least 30 dB 1208A 8 3 18 Roof/Ceiling Construction A Roof rafters must have a minimum slope of 4 12 and must be covered on their top surface with mimmum 1/2-mch solid sheathing and any roof covering allowed by this code B Attic insulation must be batt or blow -in glass fiber or mineral wool with a minimum R -30 rating applied between the ceiling Worsts C Attic ventilation must be� 1 Gable vents or vents that penetrate the roof surface that are fitted with transfer ducts at least 6 feet in length that are insulating flexible ducting or metal ducts containing internal 1 -inch thick coated fiberglass sound absorbing duct liner Each duct must have a lined 90- degree bend in the duct so that there is no direct line of sight from the exterior through the duct into the attic, or Noise control louver vents, or Eave vents that are located under the cave overhang D Ceilings must be finished with gypsum board or plaster that is at least 5/8-inch thick E Skylights must penetrate the ceiling by means of a completely enclosed light well that extends from the roof opening to the ceiling opening A secondary openable glazing panel must be mounted at the ceiling line and must be glazed with at least 3/16 - inch plastic, tempered or laminated glass The weather -side skylight must be any type that is permitted by the Building Code 1208A 8 3 19 Floors The floor of the lowest habitable rooms must be concrete slab on grade or wood framed floors 1208A 8 3 20 Ventilation A A ventilation system must be provided that will provide at least the minimum air circulation and fresh air supply requirements of this code in each habitable room without opening any window, door or other opening to the exterior All concealed ductwork must be insulated flexible glass fiber ducting that is at least 10 feet long between any two points of connection Page 7 of 9 i56 B Kitchen cooktop vent hoods must be the non - ducted recirculating type with no ducted connection to the exterior 1208A8.3.21 Fireplaces Each fireplace must be fitted with a damper at the top of the chimney that is operated from the firebox and must have glass doors across the front of the firebox 1208A.8 3 22 Wall and Ceiling Openings Openings in the shell of the Residence that degrade its ability to achieve an interior CNEL rating of 45 dB or less when all doors and windows are closed are prohibited Any access panels, pet doors, mail delivery drops, air- conditioning, or other openings must be designed to maintain the 45 dB CNEL or less standard in the room to which they provide access " SECTION 3 CALIFORNIA ENVIRONMENTAL QUALITY ACT EXEMPTION The City Council determines that this ordinance is exempt from review under the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq , "CEQA ") and the regulations promulgated thereunder (14 California Code of Regulations §§ 15000, et seq , the "State CEQA Guidelines ") because it consists only of minor revisions and clarifications to an existing code of construction- related regulations and specification of procedures related thereto and will not have the effect of deleting or substantially changing any regulatory standards or findings required therefor This ordinance, therefore, is an action being taken for enhanced protection of the environment and that does not have the potential to cause significant effects on the environment SECTION 4 SAVINGS CLAUSE Repeal of any provision of the ESMC or any other city ordinance herein will not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before, this Ordinance's effective date Any such repealed part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Ordinance SECTION 5 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 6 VALIDITY OF PREVIOUS CODE SECTIONS If this the entire Ordinance or its application is deemed invalid by a court of competent jurisdiction, any repeal of the ESMC or other the city ordinance by this Ordinance will be rendered void and cause such ESMC provision or other the city ordinance to remain in full force and effect for all purposes SECTION 7 EFFECTIVE DATE This Ordinance will take effect on the 31" day following its final passage and adoption Page 8of9 .L �% PASSED AND ADOPTED this _ day of , 2006 Kelly McDowell, Mayor ATTEST STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES 1 SS CITY OF EL SEGUNDO ) I, Cindy Mortesen, City Clerk of the City of El Segundo, California, do hereby certify that the whole number of members of the City Council of said City is five, that the foregoing Ordinance No was duly introduced by said City Council at a regular meeting held on the day of , 2006, and was duly passed and adopted by said City Council, approved and signed by the Mayor, and attested to by the City Clerk, all at a regular meeting of said Council held on the day of 2006, and the same was so passed and adopted by the following vote AYES NOES ABSENT f ABSTAIN Cindy Mortesen, City Clerk Page 9 of 9 i:J� EL SEGUNDO CITY COUNCIL MEETING DATE: March 21, 2006 AGENDA ITEM STATEMENT AGENDA HEADING. New Business AGENDA DESCRIPTION: Consideration and possible action regarding a new Alcoholic Beverage Control (ABC) license for on -site sale and consumption of beer, wine and alcohol (Type 47) at a new restaurant located at 403 Main Street, EA No 690 and AUP No 05 -5 Applicant Kenneth R Garmoe RECOMMENDED COUNCIL ACTION' 1 Determine that the City Council does not protest the Issuance of the new Type 47 ABC license at 403 Main Street, and /or, 2 Alternatively, discuss and take other action related to this Item BACKGROUND & DISCUSSION. At Its April 4, 1995 meeting, the City Council directed staff to bring all future ABC licenses to it for review The ABC regulations require a 30 -day review and comment period, for alcohol sales at restaurants, after notification of the local police and planning departments The grounds of a protest should relate to public health, safety or welfare concerns According to the most recent Crime and Arrest statistics report (January 2005 — December2005, EXhibItAI and A2) prepared by the Police Department, the proposed restaurant is located in Reporting District (RD) 108 Based on 2005 reported data prepared by the Police Department, the district had a total of 15 Part I crimes (criminal homicide, forcible rape, robbery, aggravated (continued on next page ) ATTACHED SUPPORTING DOCUMENTS: 1 Crime and Arrest Statistics by Reporting Districts (RD) (Exhibit Al -A2) 2 Police Reporting Districts Map (Exhibit B) 3 Approval Letter to Applicant dated March 1, 2006 (Exhibit C) 4 Planning Commission Staff Report dated March 9, 2006 (Exhibit D) 5 Approved Locations with Alcohol Licenses within the Downtown Specific Plan (Exhibit E) FISCAL IMPACT: None Operating Budget N/A Amount Requested, N/A Account Number: N/A Project Phase. N/A Appropriate Required: _Yes x No ORIGINATED BY. DATE. Seimone Jurji , Director of Planning and Building Safety DATE• a L 9 STAFF REPORT March 21, 2006 PAGE 2 BACKGROUND & DISCUSSION: (cont) assault, burglary, larceny -theft, motor vehicle theft and arson) and 16 felony and misdemeanor arrests The Police Department and the Department of Planning and Building Safety have no concerns regarding the issuance of the ABC license The approval of this license request would be for the convenience of serving the applicant's customers at the restaurant, and not a necessity A request for a new license is required, since the applicant does not currently hold a Type 47 license, and the previous license issued for this address location was a Type 41on -site sale and consumption (beer and wine only) that was issued before the City's existing Zoning Regulations On March 1, 2006, the Director of Planning and Building Safety Department approved an Administrative Use Permit application (EA No 690, AUP No 05 -5) for 403 Main Street The Director conditioned the approval of the Administrative Use Permit to limit the restaurant's hours of operations to 11 am to 11 pm Sunday through Thursday and 11 am to 12 pm Friday and Saturday because of the restaurant's proximity to residential uses Exhibit E includes a list of approved locations with alcohol licenses and the hours of operation within the Downtown Specific Plan The Director's decision was forwarded to the Planning Commission on March 9, 2006 The Planning Commission chose to discuss the item and modified the conditions of approval After testimony from the applicant, and discussion among the Planning Commissioners, the Commission allowed the business to operate from 7 am to 11 pm daily and directed the matter to be reviewed again in 90 days from the day of opening The ABC license review is a completely separate application from the City's AUP process, which requires mandatory findings that are regulated by the Department of Alcohol Beverage Control The Department of Alcohol Beverage Control (ABC) in addition to reviewing the City's AUP approval is responsible for running a complete background check on all alcohol license applicants, as well as conducting site inspections, before it issues issuance of any type of license P \Planning & Building Safety\PROJECTS \676 - 700\690 \EA- 690ccreport doc i�U Exhibit Al 7/ L SEGUNDO POLICE DEPARTMENT JANUARY — JUNE 2005 CRIME AND ARREST STATISTICS BY Rc,PORTING DISTRICT (RD) RD PART I CRIMES FEI RSTSSD ARRREESTS TOTAL PBRCENTAGV +!- 101 21 11 32 220% 102 4 0 4 -60% 103 3 0 3 --70% 104 13 6 19 90% 105 2 0 2 -80% 106 13 3 16 60% 107 7 4 11 10% 108 11 5 16 60% 109 4 1 5 -50% 110 10 2 12 20% lu 2 0 2 -80% 112 is 6 21 110% 113 13 7 20 100% 114 3 0 3 -70% 115 1 0 1 -90% 116 0 0 0 0% 201 8 3 11 10% 202 11 2 13 —30% 203 1 0 1 -90% 204 2 1 3 -70% 205 7 3 10 0% 206 10 5 15 50% 207 16 7 23 130% 208 19 10 29 190% 209 12 5 17 70% 210 20 12 32 220% 211 11 6 17 70% 212 7 4 11 10% 301 6 1 7 -30 302 1 0 1 -90% 303 7 2 9 -10% 304 0 0 0 0% 305 7 1 8 -20% 306 2 1 3 -70 %a 307 0 0 0 0% 308 18 8 26 160% 309 10 4 14 40% 310 1 0 1 -90% 311 4 1 5 -50% 312 9 4 13 30% 313 1 0 1 -90% 314 4 1 5 -50% 315 1 0 1 -90% 316 0 0 0 0% 317 2 0 2 -80% 318 24 12 36 260% 319 26 13 39 290% 320 10 4 14 40% 321 1 0 1 -90% 322 4 1 5 -50% 323 1 0 I -90% 324 0 0 0 0% TOTALS 385 156 541 Number of Reporting Districts = 52 Average # of Part I Crimes per Reporting District = 7 Average # of Felony/Misdemeanor Arrests per Reporting District = 3 Average # of Crimes and Arrests per Reporting District =10 Results from 01/01/20053 through 06/30/2005 Information provided by the Police Records Bureau 161 Exhibit A2 EL SEGUNDO POLICE DEPARTMENT RECORDED PERIOD: JULY - DECEMBER 2005 PART I CRIME AND ARREST STATISTICS BY REPORTING DISTRICT RD RD PART I CRIMES FELONY /MISD ARRESTS TOTAL PERCENTAGE +/- 101 20 9 29 +52% 102 8 9 17 -10% 103 5 5 10 -47% 104 11 9 20 +5% 105 6 6 12 -37% 106 9 5 14 -26% 107 15 33 48 +152% 108 4 11 15 -21% 109 5 13 18 -5% 110 5 3 8 -58% 111 0 21 21 +10% 112 13 13 26 +37% 113 4 17 21 +11% 114 3 19 22 +16% 115 0 0 0 0% 116 0 15 15 -21% 201 9 11 20 +5% 202 2 28 30 +58% 203 9 6 15 -21% 204 3 19 22 +16% 205 8 10 18 -5% 206 6 12 18 -5% 207 9 22 31 +63% 208 17 13 30 +58% 209 16 31 47 +147% 210 8 21 29 +53% 211 12 14 26 +37% 212 4 20 24 +26% 301 9 14 23 +21% 302 5 8 13 -32% 303 6 25 31 +63% 304 1 7 8 -58% 305 7 17 24 +26% 306 1 1 2 -89% 307 0 0 0 00/0 308 22 47 69 +263% 309 12 19 31 +63% 310 2 3 5 -74% 311 5 8 13 -320% 312 1 8 5 13 32% 313 0 2 2 -890/1 314 4 14 18 -5 °fo 315 0 7 7 -63% 316 4 2 6 -68°!0 317 1 13 14 -26% 318 20 16 36 +89% 319 26 19 45 +137% 320 3 1 4 1 7 -63% 321 4 4 8 -580/a 322 2 0 2 -890/0 323 0 1 324 4 2 6 -68% TOTALS 357 633 990 Number of Reporting Districts = 52 Average # of Part I Crimes per Reporting District = 7 Average # of Felony/ Misdemeanor Arrests per Reporting District = 12 Average # of Crimes and Arrests per Reporting District = 19 Results from 07/01/2005 through 12/31/2005 Records /eg Page 1 3/7/2006 y ,� h .? Exhibit B Jyyy oom� ; 1 rC T J M � O "'1 V Z [ � � o I Ws c i O n 10 + m m p9N S Of➢ III It H la .. E._� 0 a p�, 1 o N a v O ' WW O ca N u ._ .. a, rsY a Y V 'rte tl M/ITgw� N N 88 C a a � ' X63 Exhibit C Department of Planning and Building Safety March 1. 2006 b 'x 1 Kenneth R Garmoe 403 Main Street Elected Officials El Segundo, CA 90245 Kelly McD°we11 Mayor Joh Tem M. yor Pr° G.,.. Ma SUBJECT: Environmental Assessment No. 690 and Administrative GnunLll Member Use Permit AUP No. 05 -5 EncK R " " ", Ccunml Member Sale of beer, wine and alcohol for on -site consumption Carl Jacobson (Type 47 ABC License) at a new restaurant C0.001 Member " " °y M °"°'•" mynpha Address: 403 Main Street, El Segundo Ralph Crty Tnasunr City rmase Dear Mr Garmoe Appointed Officials I am pleased to inform you that, in accordance with Chapter 15 -22 of the '• cayala a Cny Manager El Segundo Municipal Code, the Director of Planning and Building Safety M' �W;•M; .Y Department has APPROVED Administrative Use Permit No. 05 -5 for the on -site sale of beer, wine and alcohol (Type 47) at 403 Main Street The following are the findings in support of each finding for this decision: Department Directors a "`P"""'•e' Abmmrshabye S ervTSs FINDINGS AND FACTS IN SUPPORT OF FINDINGS: Norm AngM° Fn Chrof a"yA Environmental Assessment EA No. 690 c Libraryr cable Semees Snm lah ,hy Planning antl aulltl,ng ♦ ♦ ♦ S "°ry Finding 1 Jack Way P°Mal Chief SbGa Manemr Re[nan°n 6 Parks _ . The proposed project is exempt from the requrrements of the S"yen F. M, P °^b°w°"ks California Environmental Quality Act (CEQA) pursuant to Section 15301, Class 1, as the operation of an existing private structure involving negligible or no expansion of use www elsegundo.org Facts in Support of Finding 1 1 The applicant proposes to provide for the sale of alcohol for on -site consumption at a proposed restaurant "Su Casa" (a Bona Fide Public Eating Place) CEQA does not require an environmental assessment if the use has little or no physical improvements to the structure The proposed restaurant will be located at street level within an existing 2- story commercial building originally constructed in 1954 No additions are proposed to the existing structure The proposed restaurant will 350 Main Street, ?=l Segundo, California 90245 -3813 Phone (310) 524 -2380 FAX (310) 322 -4167 b 'x 1 replace a former restaurant with a Type 47 license so no changes are proposed to the operation Administrative Use Permit 05 -5 Finding 1 • There is compatibility of the particular use on the particular site in relationship to other existing and potential uses within the general area in which the use is proposed to be located Facts in Support of Finding 1 1 The applicant proposes to provide on -site sale and consumption of alcohol in a restaurant The approximately 1,333 square -foot restaurant will accommodate 77 indoor seats 2 The restaurant must obtain a State of California Alcohol and Beverage Control (ABC) license for on -site sale and consumption of alcohol (Type 47) 3 The surrounding land uses include. neighborhood - serving commercial, office, retail, restaurants, and residential The proposed restaurant which will serve alcohol is compatible with the surrounding uses 4 The restaurants hours of operation are limited to 11 am to 11 pm Sunday through Thursday and 11 am to 12 am Friday and Saturday 5 The General Plan land use designation for the site is Downtown Specific Plan I 6 The zoning for the site is Downtown Specific Plan (DSF) and is located within the Main Street District Restaurants are a permitted use in the zone in accordance with Section VI.A 2 a ii of the Downtown Specific Plan The proposed use requires an Administrative Use Permit (AUP) in accordance with Section Vl.A4 a of the Downtown Specific Plan for the on -site sale and consumption of alcohol at restaurants 7 On March 9, 2006, the El Segundo Planning Commission is scheduled to Receive and File the Administrative Use Permit request 2 1 11! ) Findino 2 • The proposed use is consistent and compatible with the purpose of the Zone in which the site is located Facts in Support of Finding 2 1 The General Plan land use designation for the site is Downtown Specific Plan 2 The zoning for the site is Downtown Specific Plan (DSP) and is located within the Main Street District Restaurants are a permitted use in the zone in accordance with Section VI A 2 a ii of the Downtown Specific Plan The proposed use requires an Administrative Use Permit (AUP) in accordance with Section VI A 4 a of the Downtown Specific Plan for the on -site sale and consumption of alcohol at restaurants 3 The proposed use is consistent with Downtown Specific Plan Objective LU4 -2 in that it contributes to creating an integrated, complimentary, attractive multi -use Downtown to serve as the focal point for the civic, business, educational and social environment of the community 4 The proposed use is consistent with Downtown Specific Plan Goal LU4 in that it contributes to providing a stable tax base for the city of new commercial uses primarily within a mixed -use environment, without adversely affecting the viability of Downtown 5 The purpose of the Downtown Specific Plan (DSP) and more particularly the Main Street District of the DSP Zone is to serve community residents by providing a pedestrian- oriented and pedestrian- friendly environment Standards for the district are intended to maintain, enhance and protect this character Retail and service uses should serve the residents, local employees, and visitors to the City A mixed -use environment is encouraged The proposed use is consistent with the purpose of this zone in that the ground floor of the building will be occupied by a restaurant which is a resident - serving, pedestrian - oriented use 6 The surrounding land uses include neighborhood - serving commercial, office, retail, restaurants, and residential The proposed restaurant which will serve alcohol will be compatible with the surrounding uses 3 16 to Finding 3 • The proposed location and use and the conditions under which the use would be operated or maintained will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity Facts in Support of Finding 3 1 The proposed restaurant will be located within an existing building The parcel has six existing parking stalls which will be maintained 2 The surrounding land uses include neighborhood - serving commercial, office, retail, restaurants, and residential The proposed restaurant which will serve alcohol will be compatible with the surrounding uses 3 The restaurant's hours of operation are limited to 11 am to 11 pm Sunday through Thursday and 11 am to 12 am Friday and Saturday 4 The existing restaurants in the surrounding area with alcohol licenses have not been a source of crime or security problems Findino 4 • Potential impacts that could be generated by the proposed use, such as noise, smoke, dust, fumes, vibration, odors, traffic, and hazards have been recognized and compensated for Facts in Support of Finding 4 1 The sale of alcohol will not create any new impacts that would not be normally associated with a restaurant 2 The restaurant's hours of operation are limited to 11 am to 11 pm Sunday through Thursday and 11 am to 12 am Friday and Saturday 3 The surrounding land uses include neighborhood - serving commercial, office, retail, restaurants, and residential The proposed restaurant, which will serve alcohol, will be compatible with the surrounding uses Finding 5 • The State of California Department of Alcohol Beverage Control will issue a license to sell alcohol to the applicant 4 167 Facts in Support of Finding 5 The applicant must obtain a license from the State of California Department of Alcohol Beverage Control PLANNING AND BUILDING SAFETY DIRECTOR ACTION Based on these findings and facts in support of these findings, the Director of Planning and Building Safety APPROVES the proposed project, subject to the following conditions 1 The restaurant's hours of operation must be limited to 11 am to 11 pm Sunday through Thursday and 11 am to 12 am Friday and Saturday Applicant's sale of alcoholic beverages must comply with Business & Professions Code §25631 Any change to the hours of operation or the hours that alcohol may be served is subject to review and approval by the Director of Planning and Budding Safety 2 The applicant must obtain and maintain all licenses required by the Alcoholic Beverage Control Act (Business & Professions Code § §23300 et seq ) 3 The Planning and Building Safety Department and the Police Department must be notified of any change of ownership of the approved use in writing within 10 -days of the completion of the change of ownership A change in project ownership may be cause to schedule a hearing before the Planning Commission regarding the status of the use permit 4 The applicant must comply with all regulations of the Alcoholic Beverage Control Act and the regulations promulgated by Alcoholic Beverage Control Board including, without limitation, the regulations set forth in 4 Cal Code o Regs §§ 55 et seq 5 The applicant must not have any outdoor seating, unless approved by the Director of Planning and Budding Safety 6 The parking lot of the premises must be equipped with lighting of sufficient power to illuminate and make easily discernible the appearance and conduct of all persons on or about the parking lot 7 Owners of the restaurant must post a sign in a clear and conspicuous location listing a phone number at which a responsible party may be contacted during all open hours of the establishment to address any concerns of the community regarding noise in the restaurant and parking lot Said contact's name and phone number must also be available through the restaurant staff at all times 5 i68 8 The applicant must, at all times, display a Designated Driver sign of at least ten inches by ten inches (10" X 10 ") in the bar area of the restaurant at eye level The sign must be worded in a way that reminds patrons who are consuming alcohol to designate a non - drinking driver 9 "No Loitering" signs must be posted to the rear of the property and on property adjacent to the licensed premises, under the control of the licensee Such signs must measure no less than 7" X 11" and the lettering must be no less than 1" in height 10 There must be no exterior advertising of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages Interior displays of alcoholic beverages which are clearly visible to the exterior must constitute a violation of this condition 11. All employees serving alcoholic beverages to patrons must enroll in and complete a certified training program approved by the State Department of Alcoholic Beverages Control (ABC) for the responsible sales of alcohol The training must be offered to new employees on not less than a quarterly basis 12 Any and all employees hired to sell alcoholic beverages must provide evidence that they have either a. Completed training from the State of California Department of Alcoholic Beverage Control (ABC), Inglewood District Office administered Leadership and Education in Alcohol and Drugs (LEAD) Program in the form of an ABC - issued certificate, or, b Completed an accepted equivalent by the ABC, Inglewood Distnci Office to ensure proper distribution of beer, wine and distilled spirits to adults of legal age If any prospective employee designated to sell alcoholic beverages does not currently have such training, then; c The ABC - licensed proprietors must have confirmed with the Planning and Budding Safety Department within fifteen (15) days of the Director's decision, or by final project approval, that a date certain has been scheduled within the local ABC Office to complete the LEAD course d Within thirty (3D) days of taking said course, the employees, or responsible employer must deliver each required certificate showing completion to the Police Department 13 The licensee must have readily identifiable personnel to monitor and control the behavior of customers inside the building premises Staff must monitor 6 ' 16q activity outside in the parking lot and any adjacent property under the establishment's control to ensure the areas are generally free of people and are cleared of patrons and their vehicles one -half hour after closing 14 The building must not be occupied by more persons than allowed by the Fire Code 15 if complaints are received regarding excessive noise, parking availability, lighting, building access, and the like associated with the restaurant, the city may, in its discretion, take action to review the Administrative Use Permit, including without limitation, adding conditions or revoking the permit 16 The Applicant agrees to indemnify and hold the City harmless from and against any claim, action, damages, costs (including, without limitation, attorney's fees), injuries, or liability, arising from the City's approval of Environmental Assessment No 690 and Administrative Use Permit No 05 -5 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 the City approval of EA -690 or AUP 05 -5, the Applicant agrees to 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. For purposes of this section "the City" includes the City of El Segundo's elected officials, appointed officials, officers, and employees. PLANNING COMMISSION Please be advised that this does not conclude the review process This determination will be transmitted to the Planning Commission at its March 9, 2006 meeting with the recommendation that the Planning Commission Receive and Fii the determination An appeal of this decision may be filed with the Plannin§ Division prior to the Planning Commission meeting at which this decision is to be received and filed If an appeal is filed, the item will be scheduled for a future public hearing (as required by the Municipal Code) The City Council will determine whether or not to protest the issuance of the ABC License for the sale of alcohol for on -site consumption at its meeting on March 21, 2006 If you have any questions regarding this project, please do not hesitate to contact Alexis Schopp, Planning Technician at (310) 524 -2343 Sincerely, Seimone Juigis irector Planning and Building Safety Department P \Piannng & BuMing Safety\PROJECTS \616 -700 \690 \EA -690 AUPLTR doc 7 1 0 Exhibit D CITY OF EL SEGUNDO PLANNING COMMISSION STAFF REPORT PUBLIC HEARING: March 9, 2006 SUBJECT. Environmental Assessment No. EA -690 Administrative Use Permit No. AUP 05 -5 APPLICANT: Kenneth R. Garmoe PROPERTY OWNER: Bill Ruane REQUEST: Sale of beer, wine and alcohol for on -site consumption (Type 47 ABC License) at a new restaurant PROPERTY INVOLVED: 403 Main Street DESCRIPTION The Planning Division received the above referenced application for an Administrative Use Permit (AUP) to allow the sale of beer, wine and alcohol for on- site consumption at a proposed bona fide public eating -place (Type 47 ABC License). The proposed restaurant "Su Casa," will be located in an existing building that was previously used as a restaurant (formerly La Paz) The site is within the1 Downtown Specific Plan (DSP) Zone and more particularly the Main Street District of the DSP The restaurant will be located at the street level of an existing two -story budding Beer, wine and alcohol will be served within the 900 square -foot dining area The dining area will have 77 seats There are six existing parking spaces on- site The owner of the restaurant will be requesting a new (Type 47) license from the State of California Department of Alcoholic Beverage Control (ABC) for this establishment An AUP is also needed since there is no previous business with a license at this location, before current zoning regulations were adopted Section VI A 4 a of the El Segundo Downtown Specific Plan, requires an AUP for on -site alcohol consumption at restaurants and similar establishments The permit has a condition of approval that restricts the restaurant hours of operation from 11 am to 11 pm Sunday through Thursday and 11 am to 12 am Friday and Saturday because of the restaurant's proximity to residential uses Exhibit A provides a summary of the 2 i `71 hours of operations for establishments with alcohol licenses in the Downtown Specific Plan area Several other conditions of approval were required addressing the restaurant's operation to ensure compatibility with the neighborhood and compliance with ABC regulations Planning staff reviewed the application and the Director made the necessary findings to grant an Administrative Use Permit The attached letter specifies all of the required findings for the permit RECOMMENDATION Receive and File III. EXHIBITS A Approved Locations with Alcohol Licenses within the Downtown Specific Plan B Letter to applicant, dated March 1, 2006 C Administrative Use Permit application D Site Plan and Floor Plan Prepared by Alexis Schopp, Planning Technician Kimberly C stensen, AICP, Planning Manager Planning an Building Safety Department Seimone Ju s, rector Planning an Bui ing Safety Department P \DEPTIPLANNINGB BUILDING AND SAFETY\PROJEGTS \676- 7001EA- 690\EA- 69OPmr I 17� Exhibit E Approved Locations with Alcohol Licenses within the Downtown Specific Plan I T.ieence I " - -" Type Name Address Hours I 7 00 a in to 11 00 p in Sunda% through 1 I 21 Holly Main Liquor 404 Main St Thursday and Friday — Saturday 7 am to 12 am ? 21 Cooke's Market 12l W Grand Ave 7 00 a m to 10 00 p m Monday through I I Sunday 11 00 a m to 3 00 p in , and weeknights from 3 41 Chef Harries 411 -1/2 Main St 5 00 p in to 10 00 p m , Monday through Friday and Saturday from 5 00 p m to 10 00 p m (dinner only) 8 00 a.m to 11 00 p.m seven days a week Outdoor entertainment and dancmg with amplified sound is prohibited Monday and 4 41 Papacito's 143 Main St Tuesdays, excluding holidays, and allowed on Wednesdays and Thursdays between the hours of 5.00 p.m and 8 p.m on Fridays and Saturdays between I p.m and] 0 p m and on Sunday between 11.30 a in and 8 p.m 5 41 El Tarasco 210 Main St 10.00 a.m to 11.00 p m, 7 days a keek* 11.00 a m to 9 00 p.m Monday through 6 41 Stuft Pizza 400 Main St Thursday, 11.00 a m to 10 00 p m Friday and Saturday, 12 00 pm to 8 30 p m Sunday 11 OOamto200pmand400pmto900pm 8 41 Hana Haru Sushi Bar 409 Main St Monday through Friday, Saturday and Sunday 500 am to900pm* 11 00 a in to 9 00 p in Monday through 9 41 Richmond Bar and Grille 145 Richmond St Thursday, I 1 00 a m to 10 00 p m on Friday, 11 00 a m to 3 00 p m Saturday Sunday Closed * 1 (.) P PBStProjects�676 .700\EA- 690'J)SPA13CLicense doc 174 11 am to230pm and 400pm to 930 pm St Monday through Thursday, I 1 a in to 2 30 10 41 Canton Low Restaurant 435 -39 Main p in and 4 00 p in to ID 00 p in on Friday, I and 4 p in to 10 p in Saturday* I 11 41 I Indian Summer 219 Main Street 10 00 am to 12-00 am, seven days a week I 12 � 41 Second City Bistro 223 Richmond St Monday through Sunday I 1 a m to 2 30pm and 500pm to 1000pm* 13 41 Havana Sandwich Company 229 Main St 11.00 a in to 10 00 p in, seven days a week 14 41 Good Stuff Restaurant 131 W Grand from 7 00 a m to 9 00 p m., seven days a week Ave 7 00 a.m to 10 00 p.m. Monday through 15 41 Farm Stand Inc 422 Main St Thursday and 7 00 a in to 11.00 p.m Friday and Saturday. 16 42 Old Town Patio 115 Richmond St 11.00 a.m to 10 00 p.m., seven days a week* 10:00 am to 2:00 a m Monday through 17 47 Tavern on Mam 123 Main St Friday and 11 am to 2 am Saturday through Sunda 18 48 Purple Orchid 221 Richmond St 11 00 a.m to 2.00 am daily* Type 21- Off -Sale General (Package Store) Type 41 -On -Sale Beer and Wine for Bona Fide Public Eating Place (Restaurant) Type 42 -On -Sale Beer and Wine for Public Premises (Bar, Tavern) Type 47 -On -Sale General for Bona Fide Public Eating Place (Restaurant) Type 48 -On -Sale General- Public Premises (Bars, Night Club) *Note pre -dates City's regulation of hours through an AUP or CUP P PBStProjects�676 .700\EA- 690'J)SPA13CLicense doc 174 EL SEGUNDO CITY COUNCIL AGENDA ITEM STATEMENT MEETING DATE: March 21, 2006 AGENDA HEADING: Reports — Council Member Busch Consideration and possible action regarding a status report on technology available for law enforcement regarding "Automatic License Plate Recognition Systems" utilized for purposes of identifying vehicles that may be the subject of unlawful activities or that have outstanding violations (Fiscal Impact, None) RECOMMENDED COUNCIL ACTION: (1) It is recommended the City Council receive and file the status report, (2) Alternatively, discuss and take other action related to this item BACKGROUND & DISCUSSION: Auto theft is a regional problem that results in millions of dollars of property losses in California and Los Angeles County each year In 2004 the California Attorney General cited a 6 7 percent increase in vehicle theft Vehicle`theft is a recurrent crime problem in El Segundo with 91 cars stolen in 2004 and 70 cars stolen in 2005 The Police Department's experience is that criminals who drive stolen vehicles in El Segundo often steal other vehicles and commit other crimes in this city Police officers currently submit license plate information for State of California criminal database checks by entering the information into mobile data computers and by voice radio with Communications Unit dispatchers. Officers submit the information when they are investigating suspicious circumstances or crimes, responding to calls for service, or during proactive patrol contacts They are limited in the number of license plates that they can submit by time delays with the information returns over the wireless mobile data system, with constraints related to congested radio traffic, and with the ability to accurately note vehicles passing at moderate to high speed ATTACHED SUPPORTING DOCUMENTS: None FISCAL IMPACT: Operating Budget: Amount Requested: Account Number: Project Phase: Appropriation Required: _Yes No ORIGINA TED BY: DATE: March 13, 2006 a ayt, Chie f once City Manager DATE: 3 A/,C / 17.E % BACKGROUND & DISCUSSION. (Continued) Automatic License Plate Recognition Systems (ALPRS) perform the same functions that an officer currently performs but faster ALPRS checks license plates with a database without regard to the characteristics of the driver, the condition of the vehicle or any other subjective or intuitive reasoning on the part of the officer Since ALPRS checks license plates against a locally stored database table, the comparison and response is almost immediate The ALPRS may also be programmed to check for information other than stolen vehicle recognition It can be used to search for delinquent parking ticket vehicles or for other known wanted vehicles In addition, it can be used to capture a list of all vehicles passing a location over a given time period The Automatic License Plate Recognition Systems software uses complex technology to read the letters and special symbols of California license plates When a license plate is detected, the software identifies the individual characters of the plate for each passing vehicle This results in a high degree of accuracy for each passing license plate that is captured When the license plate is compared to the stolen vehicle database list, it alerts the operator with an audible sound and captures an image of the license plate and a portion of the vehicle for the operator to review and evaluate The software can be combined with a wireless communications card and operate remotely without an officer present Police Department Staff is currently evaluating four varieties of ALPRS They are Remington ELSAG, AutoVU, Hamilton Pacific (PIPPS), and Civics Staff plans to further evaluate the available technology and in order to recommend the best system for our particular needs However, our preliminary research indicates that we may soon be requesting the approval of grant funds for the purchase of two ALPRS one mobile (vehicle mounted) and one stationary (to be set up at temporary fixed posts) No formal quotes have been requested, but it appears that the systems should cost less than $30,000 each 1 l �I