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2007 JUN 05 - CC PACKETN h R I T �� fF Z J F AGENDA EL SEGUNDO CITY COUNCIL COUNCIL CHAMBERS 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 portions of the Meeting 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 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) 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, JUNE 5, 2007 - 5:00 P.M. Next Resolution # 4509 Next Ordinance # 1406 5:00 P.M. SESSION CALL TO ORDER ROLL CALL PUBLIC COMMUNICATION — (Related to City Business Only — 5 minute limit per person, 30 minute limit total) Individuals who have received value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so identify themselves prior to addressing the City Council Failure to do so shall be a misdemeanor and punishable by a fine of $250 CLOSED SESSION: The City Council may move into a closed session pursuant to applicable law, including the Brown Act (Government Code Section §54960, at sue) for the purposes of conferring with the City's Real Property Negotiator, and /or conferring with the City Attorney on potential and/or existing litigation, and /or discussing matters covered under Government Code Section §54957 (Personnel), and/or conferring with the City's Labor Negotiators, as follows 001. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Gov't Code §54956 9(a)) - 2 matters 1 City of El Segundo vs City of Los Angeles, et al LASC No BS094279 2 Lafayette vs City of El Segundo LASC No YCO54912 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code §54956 9(b) -0- potential case (no further public statement is required at this time), Initiation of litigation pursuant to Government Code §54956 9(c) -1- matter DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957) -0- matter CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957 6) -0- matter CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956 6) -0- matter SPECIAL MATTERS: -0- matter 2 J F NF RIf fR AGENDA EL SEGUNDO CITY COUNCIL 2 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 portions of the Meeting 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 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) 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, JUNE 5, 2007 - 7 :00 P.M. 7:00 P.M. SESSION CALL TO ORDER INVOCATION — Pastor Dino Tumbaun, St John's Lutheran Church PLEDGE OF ALLEGIANCE — Mayor Pro Tern Eric Busch Next Resolution # 4509 Next Ordinance # 1406 Vj PRESENTATIONS - (a) Recognition of the recipients of the "2007 Community Service Award" from the El Segundo Rotary Club ROLL CALL PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit per person, 30 minute limit total) Individuals who have received value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so identify themselves prior to addressing the City Council Failure to do so shall be a misdemeanor and punishable by a fine of $250 While all comments are welcome, the Brown Act does not allow Council to take action on any item not on the agenda The Council will respond to comments after Public Communications is closed A. PROCEDURAL MOTIONS Consideration of a motion to read all ordinances and resolutions on the Agenda by title Recommendation - Approval B. SPECIAL ORDERS OF BUSINESS C. UNFINISHED BUSINESS D. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS Consideration and possible action regarding a recommendation by the Library Board of Trustees to revise the El Segundo Public Library's Schedule of Fines and Fees, and Council Resolution #4392, which includes the sole change of canceling the pubic Internet fees. (Fiscal Impact: $6,000 less in annual fees) Recommendation - (1) Adopt a resolution establishing a revised and restated fines and fees schedule to library services for the cancellation of public Internet fees, (2) Alternatively discuss and take other action related to this item 004 2. Consideration and possible action regarding setting a date and time for interviewing candidates for Recreation and Parks Commission, Planning Commission, Library Board of Trustees, Senior Citizen Housing Corporation Board, Investment Advisory Committee, Community Cable Advisory Committee and Capital Improvement Program Advisory Committee. Recommendation — (1) Set date for interviews of candidates to the Recreation and Parks Commission, Planning Commission, Library Board of Trustees, Senior Citizen Housing Corporation Board, Investment Advisory Committee, Community Cable Advisory Committee and Capital Improvement Program Advisory Committee for 6 00 p m , Tuesday, June 19, 2007, and announce appointees at the City Council's 7 00 p m , June 19, 2007 meeting, and (2) Alternatively discuss and take other action related to this item 3. Consideration and possible action regarding Recreation and Parks Commission recommendations related to funding for construction of a retaining wall and removal of trees along the right field foul line at the Recreation Park softball field located on the east side of Eucalyptus Street between Grand and Holly Avenues and restoration of funding to construct a retaining wall on the north side of the Teen Center at 405 east Grand Avenue. [Fiscal Impact: $200,000 ($160,000 Softball Field; $40,000 Teen Center) ) Recommendation — (1) Adopt the recommendations of the Recreation and Parks Commission finding no impact to Memorial Trees on the proposed Recreation Park softball field retaining wall project and to proceed to design and construction, (2) Appropriate General Funds in the amount of $160,000 for the Recreation Park Retaining Wall project from Economic Uncertainty Funds, (3) Appropriate General Funds in the amount of $40,000 for the Teen Center Retaining Wall Project from Economic Uncertainty Funds, (4) Alternatively discuss and take other action related to this item E. CONSENT AGENDA All items listed are to be adopted by one motion without discussion and passed unanimously If a call for discussion of an item is made, the item(s) will be considered Individually under the next heading of business 4. Warrant Numbers 2559644 to 2559964 on Register No. 16 in the total amount of $2,182,623.47 and Wire Transfers from 514107 through 5124107 in the total amount of $2,156,601.97. 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 5. Regular City Council Meeting Minutes of May 15, 2007. Recommendation — Approval 5 005 6. Consideration and possible action regarding approval of field logos; an amendment to an agreement with Thomas Properties Group, Inc. to reimburse the City for field logo costs; and approval of a change order to the existing construction contract with Ohno Construction, Inc. for installation of the field logos at the Athletic Facility project at 2201 E. Mariposa Avenue. (Fiscal Impact: $85,300 Estimated Change Order amount) Recommendation — (1) Approve corporate logos to be placed on playing surfaces at the Athletic Facility at 2201 E Marposa Avenue pursuant to the Athletic Facility Naming Rights License Agreement with Thomas Properties Group and as reviewed by the Recreation and Parks Commission, (2) Authorize the City Manager to execute an amendment to the existing reimbursement agreement with Thomas Properties Group, Inc (TPG) in a form as approved by the City Attorney for reimbursement of field logo costs in the amount of $85,300, (3) Appropriate funds provided by the TPG amendment to the Athletic Field Project, (4) Authorize the Director of Public Works to execute a Change Order to the existing Public Works Agreement with Ohno Construction Company in the amount of $85,300 to install the field logos on synthetic grass at the Athletic Facility, and (4) Alternatively discuss and take other action related to this item 7. Consideration and possible action to award a Standard Public Works Contract to C.S. Legacy Construction, Inc. for the 2006 -2007 annual contract for curb, gutter, handicap access ramps, sidewalk and other minor improvements at various locations citywide. Approved Capital Improvement Project. Project No. PW 07 -02. CDBG Project No. 600858 -06 (Fiscal Impact: $182,201) Recommendation — (1) Authorize the City Manager to execute a Standard Public Works Contract in a form as approved by the City Attorney with C S Legacy Construction, Inc in the amount of $182,201,and (2) Alternatively discuss and take other action related to this item 8. Consideration and possible action regarding adoption of plans and specifications for the Recreation Park Baseball Field and softball Field Lighting Replacement and Replacement of the Baseball Field Scoreboard and authorization to solicit construction bids. Project No. PW 07 -07 (Estimated cost: $123,000.00) Recommendation — (1) Approve plans and specifications, (2) Authorize staff to advertise the project for receipt of construction bids, and (3) Alternatively discuss and take other action related to this item 9. Consideration and possible action regarding adoption of plans and specifications for pavement rehabilitation on the westbound lanes of Rosecrans Avenue from Douglas Street to Sepulveda Boulevard and authorization to solicit construction bids. Project No. PW 07 -08 (Estimated cost: $270,000.00). Recommendation — (1) Approve plans and specifications, (2) Authorize staff to advertise the project for receipt of construction bids, and (3) Alternatively discuss and take other action related to this item 6 V U t) 10. Consideration and possible action regarding the approval of an Amendment to a Professional Services Agreement between JAS Pacific Inc. and the City of El Segundo for plan check services. (Fiscal Impact: $25,000) Recommendation — (1) Authorize the City Manager to sign an Agreement to a Professional Services Agreement approved as to form by the City Attorney, and (2) Alternatively discuss and take other action related to this item 11. Consideration and possible action regarding approval of a Purchase Agreement between the City of El Segundo and the Burbank - Glendale- Pasadena Airport Authority regarding the sale of the rights to two City radio frequencies. (Net Fiscal Impact: $250,000 in revenue returned to Police Department's Asset Forfeiture Recommendation — (1) Authorize the City Manager to execute a Purchase Agreement approved by the City's special counsel for Federal Communications Commission (FCC) matters between the City of El Segundo and the Burbank - Glendale- Pasadena Airport Authority for the sale of the rights to two City radio frequencies, and (2) Alternatively discuss and take other action related to this item 12. Consideration and possible action regarding award of contracts to: Tron Construction, Inc. for construction related to Group 19 (29 residents) and Professional Building Contactors, Inc. for construction related to Group 20 (22 residents) of the Residential Sound Insulation (RSI) Program. (Fiscal Impact: estimated construction cost and retention $2,684,196) Recommendation — (1) Award contracts to Tron Construction, Inc for Group 19, (2) Award contract to Professional Building Contractors, Inc for Group 20, (3) Authorize the City Manager to execute construction contracts in a form approved by the City Attorney, and (4) Alternatively discuss and take other action related to this item 13. Consideration and possible action regarding the approval of the examination plan for the Personnel Merit System job classification of Office Specialist Il. (Fiscal Impact: None Recommendation — (1) Approve the examination plan, (2) Alternatively discuss and take other action related to this item 7 C 0 7 CALL ITEMS FROM CONSENT AGENDA F. NEW BUSINESS 14. Consideration and possible action to retain Tony Rice to provide legislative advocacy services in Sacramento through September 30, 2007. (Fiscal Impact: Recommendation — (1) Authorize the City Manager to execute an agreement, in a form approved by the City Attorney, with Tony Rice to provide legislative advocacy services in Sacramento through September 30, 2007, (2) Alternatively discuss and take other action related to this item G. REPORTS — CITY MANAGER H. REPORTS — CITY ATTORNEY I. REPORTS — CITY CLERK 15. Consideration and possible action regarding cancellation of the July 3, 2007 City Council Meeting. Recommendation — (1) Approve cancellation of the July 3, 2007 City Council Meeting, and (1) Alternatively, discuss and take other action related to this item J. REPORTS — CITY TREASURER K. REPORTS — CITY COUNCIL MEMBERS Council Member Fisher - Council Member Jacobson — Council Member Boulgarides — Mayor Pro Tern Busch - g u (j Mayor McDowell — PUBLIC COMMUNICATIONS — (Related to City Business Onlv — 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 Secton §54960, et seg) 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), andlor conferring with the City's Labor Negotiators REPORT OF ACTION TAKEN IN CLOSED SESSION (If required) ADJOURNMENT POSTED A DATE TIME NAME 0 6 3 \ % . . 'I EL SEGUNDO CITY COUNCIL MEETING DATE, June 5, 2007 AGENDA ITEM STATEMENT AGENDA HEADING, Reports of Committees, Boards and Commissions AGENDA Consideration and possible action regarding a recommendation by the Library Board of Trustees to revise the El Segundo Public Library's Schedule of Fines and Fees, and Council Resolution #4392, which includes the sole change of canceling the public Internet fees (Fiscal Impact $6,000 less in annual fees) RECOMMENDED COUNCIL ACTION Recommendation — (1) Adopt a resolution establishing a revised and restated fines and fees schedule to library services for the cancellation of public Internet fees; (2) Alternatively, discuss and take other action related to this item BACKGROUND & DISCUSSION, The El Segundo Public Library charges fines and fees for special services provided to the public After approval by the Library Board of Trustees at their May 8, 2007 meeting, a change is recommended to the "Library Fines and Fees Schedule" under resolution #4392 The sole change would be the cancellation of current public Internet fees, which include $1 20 per hour, and, in addition to the hourly fee, non - residents are charged an Internet Guest Card for $2 per day, or $10 per 7 days All of the above charges would be eliminated (Continued on next page) ATTACHED SUPPORTING DOCUMENTS 1 Resolution Adopting a New Fine and Fee Schedule (Exhibit A) 2 Internet Use, Fees, & Revenue Study (Exhibit B) 3 Selected LA Area Library Systems' Internet Access Resources Survey (Exhibit C) 4 In -House Survey of Current Public Internet Users (Exhibit D) FISCAL IMPACT Operating Budget $38,000 Amount Requested- None Account Number. 6101 -6206, 6104 -5206, 6101 -8108 Project Phase None Appropriation Required- _Yes X No DATE 1� i 1 Background and Discussion Continued Since the mid- 1990's, eight (8) Internet workstations have been provided for public use at the El Segundo Public Library Initially, the Internet fees were adopted as a cost recovery mechanism which assisted the Library Services Department in offsetting the general fund budget Currently, revenues from our public Internet stations generate only $12,000 per year, of which we split 50% with a vendor who provides the software management of the fees Therefore, the revenues do not meet the actual costs of providing the service at $38,000 /yr, (FY 2006/07) These costs include Library personnel, Information Systems staff, telecommunications charges, software /hardware costs, and equipment replacement purchases every four (4) years (See Exhibit B) In recent years, with heightened public awareness and greater use of the Internet, it has now become a free service for the majority of public libraries Staff conducted a survey in December 2006, which found only five (5) out of forty -three (43) Los Angeles Metropolitan Libraries still continuing to charge for Internet services (See Exhibit C) Other traditional free sources in the library for users include- the Library catalog, online databases for adults and children, microform formats for archival periodicals and newspapers, hardcover books and other leisure reading, paperbacks, reference print materials, current newspapers and magazines, job bulletins, college catalogs, California Code and other legal documents. Between January 29th and March 4th 2007, the Library's reference desk staff conducted an in- house survey called The One Minute Internet Survey, for those patrons using the public Internet stations (See Exhibit D) The main objectives were to determine the types of Internet users we were getting in the Library, whether users would be willing to restrict their time if we offered the service for free, and to create a needs assessment for future technology plans Out of seventy -nine (79) responses, the majority of the users were between ages thirty (30) and sixty (60) The top reasons users gave for using our Internet workstations were 1) Email, 2) Researching a specific topic, and, 3) General browsing Many of the respondents, thirty -six (36), said they did not have another option besides the Library computers for using the Internet Only twenty -one (21) users said they needed more than an hour to use the Internet, with the majority, 58 (fifty - eight), requiring less than an hour. A surprising sixty -six (66) users, or 83 %, said they would restrict their time to an hour if the Internet use was free. The other interesting finding was that fifty -two (52) users would use wireless access once we offered it, and forty -two (42) would still use the Internet workstations Some of the more popular electronic or computer services users would like the Library to provide are 1) A public fax, 2) Color printers, 3) WiFi, and 4) Microsoft & Upgrades It is anticipated that there would be an increase in demand for Internet workstations if we offered free Internet services The average number of Internet computers in public libraries of all sizes was twenty (20). (Exhibit C) If approved, as part of the budget and technology review process for FY 2007/08, the Library would purchase eight (8) more computers, for a total of sixteen (16), to accommodate this demand and install new scheduling software for one hour time limits v1' F.XHTRTT A RESOLUTION NO. A RESOLUTION AMENDING RESOLUTION NO. 4392 BY ELIMINATING THE LIBRARY PUBLIC INTERNET ACCESS FEE. BE IT RESOLVED by the Council of the City of El Segundo as follows SECTION 1 The City Council finds as follows A At the recommendation of the Library Board of Trustees, the Library Services Department, and the City Manager, the City Council believes that it is in the public interest to eliminate Internet fees at the El Segundo Public Library Modern library standards and practices of offering Internet services as a basic, free access point to information for library users, along with other print and electronic resources, no longer supports the collection of such fees B Because this resolution does not establish new or increased fees, neither notice or a public hearing are required to eliminate the Library public internet access fee SECTION 2 Resolution No 4392, adopted on September 21, 2004, is amended by eliminating the public internet access fee of $ 1 20 /hr and Guest cards at $2 /day or $10 /per 7 days Except as modified by this Resolution, all other provisions of Resolution No 4392, including the fees, remain in full force and effect SECTION 3 This Resolution will become effective immediately upon adoption and will remain effective unless repealed or superseded SECTION 4 The City Clerk will certify to the passage and adoption of this Resolution, will enter the same in the book of original Resolutions of said City, and will make a minute of the passage and adoption thereof in the record of proceedings of the City Council of said City, in the minutes of the meeting at which the same is passed and adopted PASSED AND ADOPTED this 5t' day of June, 2007 Kelly McDowell, Mayor 1 013 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) f, Cindy Mortesen, City Cleric of the City of El Segundo, California, hereby certify that the whole number of members of the City Council of the City is five, that the foregoing Resolution No was duly passed and adopted by said City Council, approved and signed by the Mayor of said City, and attested to by the City Clerk of said City, all at a regular meeting of said Council held on the day of 2007, and the same was so passed and adopted by the following roll call vote AYES NOES ABSENT ABSTAIN ATTEST Cindy Mortesen, City Clerk / APPROVED A Mark D Hens y By / ` Kai( H. Bergei Assistant City 2 lil4 EL SEGUNDO PUBLIC LIBRARY INTERNET USE, FEES & REVENUE STUDY NOVEMBER 2006 By Debra Brighton, Director of Library Services Bacicp_round EXHIBIT B Eight Internet workstations have been in operation for public use at the El Segundo Public Library since the mid- 1990's The oak wood workstations and chairs were custom made through a donation by the Friends of the Library to match existing library furniture Since the beginning, it has been the Library Board of Trustee's recommendation to the City Council to charge for Internet services and to require a current library card, unless a guest card is purchased Some local cities rely on state and federal grants, or other funding sources which restrict hbranes from charging for Internet use Other larger cities or counties have incorporated the Internet as a basic free library service, absorbing all of the costs themselves As a department of the City, the Library cannot collect fees for a profit, however, the City Council has adopted the Internet fees as a cost recovery mechanism which assists in offsetting the Library's general fund budget for personnel, maintenance and regularly scheduled installation of new equipment & software (Council Resolution #4392, 9/21/04) Fundinn The Library funds the cost of replacing the eight computers approximately every four years, plus, on an annual basis provides new software, telecommunication fees, Reference staff assistance, and weekly maintenance by City technical personnel Although the L brary owns the computers, the Library splits the revenues 50/50 with the vendor, Quality Copy, Inc, who manage the printers and the time users can spend on the Internet through a vending server system We have researched other vendors who provide this service, however, there is usually a fee for providing a time manager server and printers The agreement with Quality Copy, Inc has proved to be a successful one for almost ten years Current Internet Use After signing a policy agreement statement, residents math a library card can purchase a vending card to buy time on the Internet for increments of $ 20 /minute or $120 per hour Guest cards for $2 /day or $10/7 days can also be purchased by non - residents who do not wish to pay $40 /yr for a library card Guests are also charged the $120 per hour in addition to their guest card Two years ago we upgraded all the computers and equipment which greatly contributed to an increase in Internet use Also, we expanded our services to allow email and the transfer of documents in email In 2003/2004, we had a total of 2,633 users registered and gamed 995 new users They clocked 8,243 hours on the Internet stations By 2005/2006, we had a total of 4,715 total registered users and 11,651 hours used on the Internet This was an increase in total registered by 79% and an increase in hours used on the Internet by 41% oil-) (Page Two — Internet Use, Fees, & Revenue Study) Future Internet Plans As part of the budget sessions for 2006/2007, the City Council approved the installation of wireless technology in the library for expanded Internet access so that patrons can use their personal laptops and other electronic devices Staff would like the Library Board of Trustees to assist us with a review of our Internet policies and make recommendations for our planned wireless service Statistical Data- Internet Use, Expenditures, & Revenues The following table illustrates Internet use at the El Segundo Public Library over the past three years Included are 1) Number of new registrations each year, 2) Total number of registered users, 3) Total hours of use, 4) Total expenditures for the equipment, software, telecommunication Imes, and staff costs to maintain the workstations, and, 5) Total revenues generated by the workstations TOTAL $36,000 $54,250 $38,000 Expenditures +Total Internet $ 6,400 $11,160 $12,600 Revenues ^Telecommunication costs include a dedicated high speed cable line and back -up DSL line separate from staff Internet connections to City Hall's main server *Reference staff costs based on an average of 3 his per day, 7 days /week of Internet assistance by a Library Assistant at $25 /hr * *Technical staff costs based on an average of 1 hr per day, 5 days /wk of maintenance, or upgrade installations at $30 /hr +The Library splits the revenues 50/50 with Quality Copy Inc, so the actual revenues the City receives is one half of these totals Oiu 2003/04 2004/05 2005/06 Number of New Registrations 995 1,114 968 Total Registered 2,633 3,747 4,715 Hours of Use 8,243 10,590 11,651 Expenditures Computer Hardware 0 $15,000 0 Computer Software $ 500 $ 2,500 $ 500 ^Telecom- munication $ 3,500 $ 4,000 $4,000 Costs *Reference $25,000 $25,500 $26,000 Staff Costs * *Technical S 7.00 7Z0 7.5Q0 Staff Costs TOTAL $36,000 $54,250 $38,000 Expenditures +Total Internet $ 6,400 $11,160 $12,600 Revenues ^Telecommunication costs include a dedicated high speed cable line and back -up DSL line separate from staff Internet connections to City Hall's main server *Reference staff costs based on an average of 3 his per day, 7 days /week of Internet assistance by a Library Assistant at $25 /hr * *Technical staff costs based on an average of 1 hr per day, 5 days /wk of maintenance, or upgrade installations at $30 /hr +The Library splits the revenues 50/50 with Quality Copy Inc, so the actual revenues the City receives is one half of these totals Oiu (Page Three - -- Internet Use, Fees, & Revenue Study) Summate In conclusion, the hours of Internet use by the public at the El Segundo Public L brary has grown by 41% over the past three years and continues to climb at a steady pace For our eight workstations, expenditures for this service remain relatively consistent from year to year, unless it is a year when the computers need to be upgraded Our relationship with our vendor, Quality Copy Inc, has been a mutually beneficial one where the library does not have to pay any costs associated with the time server and printer maintenance On a cost recovery basis, the total revenues in the past three years range from 18 % -33% of the actual cost to support this service The City, however, only receives half of this amount so the library's Internet service is provided for a fraction of the cost to maintain it The installation of wireless technology will soon allow users to bring in their laptops and other devices to access the Internet Because of a very low maintenance cost for this new service and relatively no staff expense, we are recommending that Wireless service be offered for free `RCV21Cd Apra 2007) UO EXHIBIT C SELECTED LOS ANGELES AREA PUBLIC LIBRARY AND METROPOLITAN COOPERATIVE LIBRARY SYSTEM INTERNET ACCESS RESOURCES SURVEY December 6, 2006 Library System # Internet PCs Charge? Wireless Access Alhambra Public Library MCLS 13 No No Altadena Public Library MCLS 28 No Yes Arcadia Public Library MCLS 50 No Yes Azusa Public Library MCLS 8 No No Beverly Hills Public Library MCLS 12 No Yes Burbank Public Libra (Main) MCLS 30 No Yes Calabasas Public Library MCLS 14 No Yes Cerritos Public Library MCLS 86 No Yes Commerce Public Library MCLS 11 No No Covina Public Library MCLS 25 No Yes Downey Public Library MCLS 20 No No El Segundo Public Library MCLS 8 Yes+ No, planned Glendale Public Library MCLS 29 No Yes Gendora Public Library MCLS 14 No Yes Hawthorne Public Library LACPL 8 No No, planned Hermosa Beach Public Library LACPL 4 No No, planned Inglewood Public Libra Main In lewood 17 No Yes Irwindale Public Library MCLS 8 No No Lawndale Public Library LACPL 6 No No Long Beach Public Libra (Main) MCLS 30 No Yes Manhattan Beach Library LACPL 5 No No, planned Manna Del Rey Library LACPL 8 No No Monrovia Public Library MCLS 14 No Yes Monterey Park Public Library MCLS 25 No No North Torrance Library MCLS 3 No No Oxnard Public Library MCLS 35 15 -No 20 -Yes* No Peninsula Center Library MCLS 23 No Yes Playa Vista Branch Library LAPL 12 No Yes Pomona Public Library MCLS 40 Yes /No ** No Redondo Beach Main Library MCLS 12 No Yes Redondo Beach North Library MCLS 5 No No San Marino Public Library MCLS 3 No No Santa Fe Springs Public Library MCLS 17 No No Santa Monica Public Library MCLS 94 No Yes Sierra Madre Public Library MCLS 7 No Yes Signal Hill Public Library MCLS 4 No No South Pasadena Public Library MCLS 9 B -No 1- Yes * ** Yes Thousand Oaks Public Library MCLS 31 Yes /No * * ** Yes Torrance Libra Main MCLS 50 No Yes Venice -Abbot Kinney Memorial LAPL 18 No Yes Westchester - Loyola Village LAPL 20 No Yes Whittier Public Library++ MCLS 28 25 -No 3 -Yes Yes Wiseburn Public Library LACK 2 No No + $1 20 1hr plus Non - resident Guest Card @ $2 1day or $10 /week ++ $4 /hr $3 /hr unlimited use if no card Free - 1 hr /day One 15 minute terminal with no card Guest Library Cards -- Free ** Non - residents pay Internet @ $1 /day 8 Free, 1 Fee based @ $4 /hr * * *` No Library Card - Pay $5 1hr for 1 hour Acronyms: MCLS - Metropolitan Cooperative Library System LACPL - Los Angeles County Public Library LAPL - Los Angeles (City) Public Library 018 Library Services Department Date: March 8, 2007 EXHIBIT D To: Library Board of Trustees: Jannelle Grigsby, Kay Coonan, Dorothy Dukakis, Steve Hunt, and Martha Sherwood From: Debra Brighton, Director of Library Services Subject: Results of the One Minute Internet Survey For our meeting on March 13, 2007, please review the survey results, staff comments, and be prepared to discuss future planning of our public Internet services Background At the January 9, 2007 meeting of the Library Board of Trustees, the Board requested that Library staff conduct an in -house survey of those patrons using the public Internet stations The purpose of the survey was to determine 1) The age of the users, 2) The primary reasons why they used our Internet terminals, 3) If they had other options for Internet access outside the Library, 4) How much time they spent on the computers, 5) If they would restrict their use of the public terminals to an hour if we offered free Internet services, 6) If they would use the new wireless service, and, 7) Other electronic services they would like the library to offer Between January 29`h- March 4`h, we had seventy -nine (79) responses to a short survey of seven (7) questions which Reference Desk staff handed out to patrons using the Internet stations See the attached results chart page for the complete seven questions and specific options to the questions Summary of Results Question #1 -Age. The results showed that the majority of the users were between 30- 60 years of age (54 out of 79 responses) It was surprising that those in their primary working and child rearing years were more numerous in using our Internet stations than those associated with retirement ages (60 +), when it is presumed that those in that age range have more time on their hands to visit the library Some reasons for the low turnout for the 60+ are 1) They are busy with other activities, 2) They don't use computers as often as their younger counterparts, or, 3) They prefer to use computers in another place other than the library 0iI') Page 2--- Results of the One Minute Internet Survey Question #2- Reason for Using Our Workstations. Email was the first reason given for the majority of the responses Researching and browsing were well behind in each of their own categories, but together they exceeded the email reason, along with some of the other answers in #2 a This brings up the question of should we designate certain terminals for research/ browsing apart from terminals for just checking emails? This is discussed further in Question #5 Question #3 -Other Internet Options. Question #3 provided the information we were seeking about whether the library computers were the primary Internet access point for those using our services Thirty -six (36) of the responses said they had no other option to access the Internet than the library It is interesting that twenty -three (23) used home computers and twelve (12) had laptops and still used our library Internet stations Question #4 -Time Spent on the Computers. If our Internet users are primarily checking their email, then it makes sense that a little more than the majority thirty-three (33) of them spends less than 30 minutes on the computer Almost a third of our users are on the Internet for more than an hour, which leads us to the next question Question #5 -One Hour Restriction. I decided to keep this question in the survey because it was important to know how we were going to manage the time on the computers if we had more users once the service is free As it turns out, the responses indicate that the vast majority of users sixty -six (66) are willing to restrict their time if Internet is offered for free and this helps in our planning for additional computers and space As stated earlier, we may designate certain computers that are just for research or browsing with longer time limits, and also have some computers with shorter limits for email However, this may prove to be difficult to monitor Question #6- Wireless Option. The overwhelming response was positive with fifty -two (52) users interested in wireless service And, interestingly enough, forty -two (42) of those would still use our Internet workstations This information also assists in our planning for additional Internet stations Question #7 -Other Services. These responses were very helpful in considering new services to add to the public Internet work stations A color printer (3), Fax (5), and a Scanner (2) would be possible choices Microsoft Office (2) and Upgrades (3) also could be easily installed, and WiFi (3) is already in the works We have two copy machines for the public already and phone access could be problematic as we have experienced in the past Offering tutorials, word processing, and video editing were also mentioned and are possible additions to our services Overall, the suggestions were very good I look forward to discussing the survey and Internet services with you at our meeting v�.t� 0 v a) p 0 aa)) m > L N O E L U as o M L c Co N y O p v ++ C N C al N M N w E 1° c O E �O rn U p C. o 3.1 o3E N U N N c p Y y Ol T j N N a) 'O g C U — � p m a E O _T j N y M N J 0 0 n C E N O - N C U c U p p 0 0 0= L O o V c U 00C) �U) Z¢ d O C "O M IO 0) co 100 CO CO N W) NMNw V M M MHO fO O� ccl NN c)M)O N< M MNN M Z N and V 'C d m8 0 10 N N m N N m mD V ma sss rn c C. 7 U T m y 0 O c o a i, rn c 6 c v ; d o 3 o 3 d 5 J o c o E E 'o o a Q) U a) O a > 3 y Z` m m o -o -p c O ui N C � 01 CL" E C U ra d U L IU N .I -0 a f0 7 a) O i �Y W fa O c U 01 V= �O d c L a) C U C c L N N V a) C C, O ? w_cE - N a) 0- LL d N c 5d J O fO U p� " J y L O` w N C >` C O E 'O CL — N a) a E E p L J 0 O 7 r 'O h N CL= a a1 0 cE�CL C C J °c @ 0 0 U0 O d�°MW M N a) U 'p C O d O Y N U E oEJO� E 0 L y M r 0 J N M t >., N a) C L_ TM j O. E 0 c L t �S J Z' O N N m14, co �C9 U t0O ILL CO ZO cLi�M�� a1YZ N N Y J a J ms iv d a) ms iv d 0� CC M iv d U d ) �..� L L t �c p d 30 r J 00 Ow 2 LO N w O N (1 0) M a 3 m m o m nc 0 N 0 N E E E ° 0 0 E C @ L U_ d U U 0 C m _C C O O C N E N `O' O O C C « N a CL d N= C O 0 U F O N (D r-� 0 C N N O w.t-. 01 C N Y G/ Q ,.. N N U V U N p d 4 U N a. N C A O. J O Z O O N C C ry p U Z O _ C -p O U p N u- Z d(q LL Z c0 E O -0 Z fD -iFM- N 0 r- p NN T NM Co V) 90 a-N e-N� O 06 Z 1NpN� 0 .0 ye a C_ p� 'O r d N N d N N N Q C y N Y a '0 T O 3 U 3 0 >0' N N U N C N C O d O N d N N 7 Ci C N C U N N O � C U 3 � o N U 4% 0 N d n N N L_ p 0O O N Z N > C O 0 N> Z N 0 p >- Z N d 0. L N y _ ten` Q J EL SEGUNDO CITY COUNCIL MEETING DATE. June 5, 2007 AGENDA ITEM STATEMENT AGENDA HEADING: COMMITTEES, COMMISSIONS & BOARDS AGENDA DESCRIPTION: Consideration and possible action regarding setting a date and time for Interviewing candidates for Recreation and Parks Commission, Planning Commission, Library Board of Trustees, Senior Citizen Housing Corporation Board, Investment Advisory Committee, Community Cable Advisory Committee and Capital Improvement Program Advisory Committee RECOMMENDED COUNCIL ACTION: (1) Set date for interviews of candidates to the Recreation and Parks Commission, Planning Commission, Library Board of Trustees, Senior Citizen Housing Corporation Board, Investment Advisory Committee, Community Cable Advisory Committee and Capital Improvement Program Advisory Committee for 6 00 p m , Tuesday, June 19, 2007, and announce appointees at the City Council's 7 00 p m , June 19, 2007 meeting, (2) Alternatively, discuss and take other action related to this item BACKGROUND AND DISCUSSION. The Recreation and Parks Commission, Planning Commission, Library Board of Trustees, Senior Citizen Housing Corporation Board, Investment Advisory Committee, Community Cable Advisory Committee and Capital Improvement Program Advisory Committee have vacant positions and positions with terms about to expire Applications for each of these positions maybe files with the Council Office by interested candidates up until 5 00 p m , Monday, June 18, 2007 Terms for committees, commissions and boards with positions either currently vacant or about to expire are • Recreation and Parks Commission — one position expired May 30, 2007 • Planning Commission — two positions, one Immediate opening, second position expires June 30, 2007 • Library Board of Trustees — two positions to expire June 30, 2007 • Senior Citizen Housing Corporation Board — two positions to expire June 30, 2007 • Investment Advisory Committee — one position to expire August 30, 2007 • Community Cable Advisory Committee — one position to expire October 31, 2007 • Capital Improvement Program Advisory Committee —two positions to expire November 30, 2007 ATTACHED SUPPORTING DOCUMENTS: none FISCAL IMPACT. N/A Mlshia Jennings, Executive Assistant Date: \.� Vogo � REVIEWED B"tf,&tewart)City Manager Date, r 023 2 EL SEGUNDO CITY COUNCIL AGENDA ITEM STATEMENT AGENDA DESCRIPTION- MEETING DATE: June 5, 2007 AGENDA HEADING, Reports of Committees, Consideration and possible action regarding Recreation and Parks Commission recommendations related to funding for construction of a retaining wall and removal of trees along the right field foul line at the Recreation Park softball field located on the east side of Eucalyptus Street between Grand and Holly Avenues and restoration of funding to construct a retaining wall on the north side of the Teen Center at 405 east Grand Avenue [ Fiscal Impact $200,000 ($160,000 Softball Field, $40,000 Teen Center) j RECOMMENDED COUNCIL ACTION: (1) Adopt the recommendations of the Recreation and Parks Commission finding no impact to Memorial Trees on the proposed Recreation Park softball field retaining wall project and to proceed to design and construction, (2) Appropriate General Funds in the amount of $160,000 for the Recreation Park Retaining Wall project from Economic Uncertainty Funds, (3) Appropriate General Funds in the amount of $40,000 for the Teen Center Retaining Wall Project from Economic Uncertainty Funds, (4) Alternatively discuss and take other action related to this item BACKGROUND & DISCUSSION: At the April 3, 2007 City Council meeting, Council requested that staff return with an item to discuss the possible allocation of funds to retaining wall projects at the Recreation Park softball field and the Teen Center On April 17, 2007, City Council requested that the Recreation and Parks Commission consider the retaining wall projects and their impact on Memorial Trees at Recreation Park (continued on next page ) ATTACHED SUPPORTING DOCUMENTS. Attachments 1 Map of Recreation Park Softball field and trees 2 Photo images of proposed retaining wall locations FISCAL IMPACT: Operating Budget: N/A Amount Requested: $200,000 Account Number: 301 - 400 - 8202 -8996 Project Phase: Appropriation Appropriation Required: X Yes _No ORIGINATED BY: Brunette DATE: ,r ?'D o7 DATE • s/ 60 1 3 Manager 02 4 BACKGROUND & DISCUSSION: ( Continued from previous page) The Parks Recreation Commission considered the retaining wall project and its effects to trees on May 16, 2007 and found that no memorial trees would be impacted and recommended that the project proceed to design and construction Fiscal Year 2006 -07 CIP Budget History - The Recreation Park Retaining Wall project was originally submitted for consideration by the Capital Improvement Program Advisory Committee (CIPAC) in 2006 The project as presented to CIPAC included both the Softball Field and Teen Center retaining walls CIPAC evaluated the project and recommended it be funded in the amount of $200,000 through the Fiscal Year 2006 -07 budget At the 2006 Strategic Planning Session, the scope of the project was reduced to include the Teen Center retaining wall only and the budget was reduced to $40,000 and approved in the 2006 -07 budget On December 5, 2006, the $40,000 was appropriated to provide funding for the Athletic Facility project The proposed Recreation Park retaining wall project includes construction of a retaining wall along the right field line of the softball field The wall would eliminate much of the slope adjacent to the right field foul line to provide more in -play foul area and warm -up space for players To complete the project, several trees at the fence line along the adjacent walkway would need to be removed The Teen Center Retaining wall project includes construction of a shorter retaining structure adjacent to the basket ball court at the Teen Center to control slope erosion v�j ATTACHMENT N 1 RECREATION PARK SOFTBALL FIELD AND TREES ALONG AND OUTSIDE THE RIGHT FIELD FENCELINE m WW 2 f a U N a n g 6 3 > v O MY1, J J m LL J O w ch a Z u O zQoc Uj W J i O Q V %\\ ^0 QD0 LEGEAf Trees 1 -7: Acacia trees (volunteer trees) located inside and along the fenced -in ball field above right field These would be removed if the retaining wall is placed on the ball field along the existing fence lme Trees 8-11: Memorial "dedicated" trees that are located outside the fenced -in ball field, above and south of the sidewalk, on the slope up to the Joslyn Center parking lot, and would not be removed if the retaining wall is placed on the ball field. Trees 12-21: Trees located outside the fenced -m ball field, above and south of the sidewalk, on the slope up to the Joslyn Center parking lot, and would not be removed if the retaining wall is placed on the ball field. iSA 'a y �r IL \ AL .q \\ � =2 =R :P,�.l ; ; ;;;E ; ;E:nr ] | \§ § �( ) )§ �°)[(((/) ! !/: � § ;yl�= § § / !i§! § �� »Z/ EE��lm |- ; :r§ §§![! § }� |§ / {B; : _!['TIZU|. [�()( ®`()() \! /(E); \! §( \� �! l : ;Il =lt4wtw)l2�:l,- ( « §l = :B|r.: =4E,.!0,tz „ E,` =2 =R :P,�.l ; ; ;;;E ; ;E:nr ] | }(§ ! {r )� � ( \w �/� �a :(§ GQT Elm { _ - � ! !!•!! _ Z !J){! - =r « k ) / \\ \{ (\ {k/ (\ \_§ w }(§ ! {r )� � ( \w �/� �a :(§ GQT Elm CITY OF EL SEGUNDO PAYMENTS BY WIRE TRANSFER 5/4/2007 THROUGH 5/24/2007 Date 5/4/2007 5/8/2007 5/8/2007 5/9/2007 5/9/2007 5/9/2007 5/10/2007 5/10/2007 5/10/2007 5/10/2007 5/1712007 5/17/2007 5/17/2007 5/1812007 5/20/2007 5/22/2007 5/23/2007 5/23/2007 5/23/2007 5/23/2007 5/4- 5/24/07 Payee Amount Description Cal Pers Nationwide Retirement Pitney Bowes Cal Pers Health Comp Lane Donovan Golf Ptr Federal Reserve Unum Provident State of CA West Basin Health Comp Employment Development IRS State of CA La Salle Federal Reserve Nationwide Retirement Cal Pers Health Comp Lane Donovan Golf Ptr Workers Comp Activity DATE OF RATIFICATION* 6105107 TOTAL PAYMENTS BY WIRE Certified as to the accuracy of the wire transfers by Deputy Treas er Acting 349,852 49 25,314 05 2,00000 247,667 83 2,34321 21,202 40 15000 41070 1,301 54 846,531 84 6,73302 47,229 01 230,978 39 1,301 54 43,725 00 15000 25,314 05 251,436 88 1,204 61 21,330 10 30 425 31 2 156,60+ 97 S o Date D Health 457 contributions Library Postage Retirement Weekly claims 5/4 payroll transfer Employee I Bonds LTD insurance Child support withholdings H2O payment Weekly claims 5/11 State Taxes Federal Taxes Child support withholdings ABAG Payment Employee I Bonds 457 contributions Retirement Weekly claims 5118 payroll transfer SCRMA checks issued 2,156,601 97 on actual expenditures is available in the City Treasurer's Office of the City of El Segundo REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, MAY 15, 2007 - 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 Busch - Present Council Member Boulgarides - Present Council Member Fisher - Present Council Member Jacobson - Present PUBLIC COMMUNICATION — (Related to City Business Only — 5 minute limit per person, 30 minute limit total) Individuals who have received value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so identify themselves prior to addressing the City Council Failure to do so shall be a misdemeanor and punishable by a fine of $250 - NONE Mark Hensley, City Attorney, announced that Council would be meeting in closed session pursuant to items identified on the agenda and that the 54956.9(b) item was a threat of litigation regarding the Abdelshife Claim CLOSED SESSION The City Council moved into a closed session pursuant to applicable law, including the Brown Act (Government Code Section §54960, et seq ) for the purposes of conferring with the City's Real Property Negotiator, and /or conferring with the City Attorney on potential and /or existing litigation, and /or discussing matters covered under Government Code Section §54957 (Personnel), and /or conferring with the City's Labor Negotiators; as follows CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Gov't Code §54956 9(a)) — 4 matters City of El Segundo v 2221 Park Place, LASC Case No BC319034 City of El Segundo v City of Los Angeles, et al LASC No BS094279 Skipper v City of El Segundo, WCAB No LBO 0036740 Ingram v City of El Segundo, WCAB No. MON 0301205 CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code §54956.9(b)• -1- potential case (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 G MINUTES OF THE REGULAR CITY COUNCIL MEETING MAY 15, 2007 PAGE NO 1 U 4 0 CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956 8) -0- matter SPECIAL MATTERS -0- matter Council recessed at 6 50 p m MINUTES OF THE REGULAR CITY COUNCIL MEETING MAY 15, 2007 PAGE NO 2 lJJ^ REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL TUESDAY, MAY 15, 2007 - 7.00 P M 7 00 P M SESSION CALL TO ORDER — Mayor McDowell at 7 00 p m INVOCATION — Father Jim Anguiano, St. Anthony's Catholic Church PLEDGE OF ALLEGIANCE — Councilmember Carl Jacobson PRESENTATIONS — (a) Mayor McDowell presented a Proclamation recognizing Betty Wilburn as the 2007 El Segundo Senior Citizen of the Year, proclaiming the month of May, 2007 as Older Americans Month, and inviting the community to the Elderfest Celebration on May 19, 2007 from 11 00 a.m to 2:00 p m ROLL CALL Mayor McDowell - Present Mayor Pro Tern Busch - Present Council Member Boulgandes - Present Council Member Fisher - Present Council Member Jacobson - Present PUBLIC COMMUNICATIONS — (Related to City Business Only — 5 minute limit per person, 30 minute limit total) Individuals who have received value of $50 or more to communicate to the City Council on behalf of another, and employees speaking on behalf of their employer, must so identify themselves prior to addressing the City Council Failure to do so shall be a misdemeanor and punishable by a fine of $250 While all comments are welcome, the Brown Act does not allow Council to take action on any item not on the agenda The Council will respond to comments after Public Communications is closed - NONE Chris Powell, Chamber of Commerce, invited the Council and public to Dodger Night on Friday, July 20, 7 30 P M at Dodger Stadium 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 Fisher to read all ordinances and resolutions on the Agenda by title only MOTION PASSED BY UNANIMOUS VOTE. 5/0 B SPECIAL ORDERS OF BUSINESS MINUTES OF THE REGULAR CITY COUNCIL MEETING MAY 15, 2007 PAGE NO 3 V.51 C UNFINISHED BUSINESS D REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS Consideration and possible action on the recommendation by the Business Recruitment Task Force to authorize additional funding, amend the agreement with Shannon David, Inc. and continue the business recruitment marketing program for the remainder of FY 2006/2007 (Fiscal Impact $55,000) Scott Reed of the Business Recruitment Task Force introduced Shannon Earl, Shannon David, Inc., who gave a presentation Council consensus to receive and file presentation MOTION by Mayor Pro Tern Busch, SECONDED by Council Member Boulgandes to approve recommendation to continue business promotion and advertising program, authorize $55,000 in additional funding for community promotion and authorize a third amendment to Agreement No. 3454 with Shannon David, Inc MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0 E CONSENT AGENDA All items listed are to be adopted by one motion without discussion and passed unanimously If a call for discussion of an item is made, the item(s) will be considered individually under the next heading of business 2 Approved Warrant Numbers 2559384 to 2559643 on Register No. 15 in the total amount of $3,106,895 33 and Wire Transfers from 4120/2007 through 513/2007 in the total amount of $643,025 40 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 regular City Council Meeting Minutes of May 1, 2007 4 Authorized staff to issue a Request for Proposals for seismic evaluation of the 3 1 Million Gallon Circular water reservoir located at 400 Lomita Street Approved Capital Improvement Program RFP No 07 -04 Water project No 7103 -8227 (Fiscal Impact = $35,000 Water Enterprise Funds) Approved plans and specifications and authorized staff to solicit bids for the installation of water mixers in El Segundo's three water reservoirs at 400 Lomita Street Approved Capital Improvement Program Project No PW 07 -05 Water Project No 7103 -8229 (Fiscal Impact = $150,000 Water Enterprise Funds) 6 Approved plans and specifications, rejected the low bid from LA Waste Collection as not responsive and awarded a Standard Public Works Contract No 3714 to Ardalan Construction Company, Inc for the El Segundo Library Children's Area Water Damage Restoration project. Project No PW 07 -03 (Contract Amount = $59,000) Authorized the City Manager to execute the contract in a form approved by the City Attorney MINUTES OF THE REGULAR CITY COUNCIL MEETING MAY 15, 2007 PAGE NO 4 0 .321 Approved plans and specifications for the reconstruction of Virginia Street between Sycamore Avenue and Maple Avenue Project No PW 07 -04 (Estimated Cost = $125,000) Authorized staff to advertise the project for receipt of construction bids MOTION by Council Member Jacobson, SECONDED by Council Member Fisher to approve Consent Agenda Items Number 2, 3, 4, 5, 6 and 7 MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0 CALL ITEMS FROM CONSENT AGENDA F NEW BUSINESS 8 Consideration and possible action regarding a resolution indicating opposition to the Assembly Bill 640 changing groundwater replenishment assessments charged to water agencies pumping groundwater in the Central and West Basins (Fiscal Impact = possible reduction in value of water rights) Steve Finton, Public Works Director, gave a report. MOTION by Mayor Pro Tern Busch, SECONDED by Council Member Fisher to adopt Resolution No 4508 indicating opposition to Assembly BIII 640 MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0 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 Fisher - NONE Council Member Jacobson — Spoke regarding the Increase in the graffiti in town Requested Staff look Into what could be done to stem the increase and return to Council with a graffiti policy Council Member Boulgandes — NONE Mayor Pro Tern Busch — Spoke on the El Segundo Alumni Baseball Game and the honors given to El Segundo Baseball Coach John Stevenson. Also commented on Public Safety Day and the Gasoline Alley car show MINUTES OF THE REGULAR CITY COUNCIL MEETING MAY 15, 2007 PAGV J J Mayor McDowell — Commented on the Relay for Life, which raised over $183,000 Announced the Book and Author Fair on June 3, 2007 12 45 p m to 4 30 p m at the Library He also announced that the Peace Corp would be recruiting new members at its Regional Office, 2361 Rosecrans Avenue, Suite 155, on Saturday, May 19, 2 00 p m to 4 00 p m 9 Consideration and possible action regarding the appointment of a member of the City Council to serve on the City's Disaster Council for a period of one year (Fiscal Impact — None) Council consensus to appoint Council Member Boulgandes to serve as a member of the Disaster Council for a period of one year 10, Consideration and possible action regarding an electrical power outage occurring within the residential area of El Segundo on May 10, 2007 (Fiscal Impact — None) Council consensus to receive and file a report from Mayor McDowell and direct staff to work with Southern California Edison to resolve current issues 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 — Dale Atkeson, survived by his wife Wanda, sons, Troy and Eric and daughter Brandi CLOSED SESSION - NONE ADJOURNMENT at 7 43 p m Cindy Mortesen, City Clerk MINUTES OF THE REGULAR CITY COUNCIL MEETING MAY 15, 2007 PAGE NO 6 0 34 EL SEGUNDO CITY COUNCIL MEETING DATE: June 5, 2007 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action regarding approval of field logos, an amendment to an agreement with Thomas Properties Group, Inc to reimburse the City for field logo costs, and approval of a change order to the existing construction contract with Ohno Construction, Inc for installation of the field logos at the Athletic Facility project at 2201 E Manposa Avenue (Fiscal Impact = $85,300 Estimated Change Order amount) RECOMMENDED COUNCIL ACTION: 1 Approve corporate logos to be placed on playing surfaces at the Athletic Facility at 2201 E Manposa Avenue pursuant to the Athletic Facility Naming Rights License Agreement with Thomas Properties Group and as reviewed by the Recreation and Parks Commission 2 Authorize the City Manager to execute an amendment to the existing reimbursement agreement with Thomas Properties Group, Inc (TPG) in a form as approved by the City Attorney for reimbursement of field logo costs in the amount of $85,300, 3 Appropriate funds provided by the TPG amendment to the Athletic Facility Project, 4 Authorize the Director of Public Works to execute a Change Order to the existing Public Works Agreement with Ohno Construction Company in the amount of $85,300 to install the field logos on synthetic grass at the Athletic Facility, 5 Alternatively, discuss and take other action related to this item BACKGROUND & DISCUSSION: Provided on following page ATTACHED SUPPORTING DOCUMENTS: Field Logo Image FISCAL IMPACT: Capital Improvement Program Operating Budget: Amount Requested: Account Number* Project Phase: uired: ORIGINATED Ste a Fint n Director of Public Works REVI Man $4,725,000 NIA $4,725,000 + $610,000 (Change Order 1) + $85,300 (proposed Change Order) = $5,420,300 301 - 400 - 8201 -8998 Approval of change order and amendment Yes, $85,300 in TPG Agreement Reimbursements DATE: 39/0 7 Director of Recreation and Parks DATE: 0 3 J r June 5, 2007 Page 2 of 2 BACKGROUND & DISCUSSION: (continued) Approval of Corporate Logo and Layout On April 3, 2007, City Council approved a License Agreement with Thomas Properties Group (TPG) regarding naming rights of the Athletic Facility at 2201 E Manposa Avenue (northeast corner of Nash Street and Manposa Avenue) The agreement provides that TPG can display its name and /or logo on the playing surface subject to the review and approval of City Council The proposed logo layout submitted by TPG (attached) complies with the terms of the agreement On May 16, 2007, the Recreation and Parks Commission reviewed the layout and found it acceptable TPG Reimbursement Aareement Amendment On March 6, 2007, City Council approved an agreement with TPG for the reimbursement of costs to construct enhanced landscaping, fencing and entry structures estimated at $610,000 Under the agreement, the City constructs and pays for the improvements and TPG reimburses the City The proposed amendment would add installation of the corporate logos to the reimbursement agreement bringing estimated TPG reimbursements to $695,300 Change Order to Add Field Logos to City Construction Contract On December 5, 2006, the City entered into a Public Works Agreement with Ohno Construction Company, Inc in the amount of $4,560,387 30 for construction of the Athletic Facility On March 6, 2007, Council approved a change order in the amount of $540,000 to add work subject to the original TPG reimbursement agreement The recommended change order would add installation of corporate logos to the contract as shown on the attached rendering at the cost of $85,300 bringing the total contract with Ohno Construction to $5,420,300 Status Construction has been underway since January 24, 2007 The building, terraces, fencing, entry way and turf preparation activities are underway The prefabricated roof trusses are on order and timely delivery will facilitate completion on schedule Work is being expedited as much as possible and a grand opening celebration is scheduled for July 2007 vJ (3 I human PI op" oes Croup Vp -0 O D O m3 0° CD -C ' A 11° N tD d r O m O v n CD 3 m rt EL SEGUNDO CITY COUNCIL MEETING DATE- June 5, 2007 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action to award a Standard Public Works Contract to C S Legacy Construction, Inc for the 2006 -2007 annual contract for curb, gutter, handicap access ramps, sidewalk and other minor improvements at various locations citywide Approved Capital Improvement Project Project No PW 07 -02 CDBG Project No 600858 -06 (Fiscal Impact = $182,201) RECOMMENDED COUNCIL ACTION. Recommendation — (1) Authorize the City Manager to execute a Standard Public Works Contract in a form as approved by the City Attorney with C S Legacy Construction, Inc in the amount of $182,201 00 and, (2) Alternatively, discuss and take other action related to this item BACKGROUND & DISCUSSION- (Background and discussion continued on the next page ATTACHED SUPPORTING DOCUMENTS* Location Map FISCAL IMPACT* Operating Budget Capital Improvement Program: Amount Requested, Account Number: Project Phase, Appropriation Required- $253,782 $182,201 106 - 400 - 8203 -8603 106 - 400 - 8203 -8604 111- 400 - 2795 -8441 001 - 400 -4202 -6202 Award of Contract No $100,000 Gas Tax CIP $ 16,000 TDA -3 CIP $ 87,782 CDBG $ 50,000 Gas Tax, Operating Budget ORIGINATED BY. DATE: St ven Director of Public Works REVIEWED DATE. Jef wart, City Manager 7 BACKGROUND & DISCUSSION: (continued) On May 1, 2007, the City Council adopted the plans and specifications and authorized staff to advertise the project for competitive bids On May 22, 2007 the City Clerk received and opened eight (8) bids as follows 1 C S Legacy Construction, Inc $182,201 00 2 CJ Concrete $189,06750 3 Nobest, Incorporated $199,04900 4 Sully -Miller Contracting Co $218,59600 5 Y & M Construction $228,15000 6 M3 Services, Inc $257,401 00 7 S Parker Engineering, Inc $260,21000 8 Damon Construction Co $308,821 25 The contract includes replacement of displaced sidewalks, curbs, gutters, handicapped access ramps and driveways citywide Staff has contacted references of the low bidder and has received favorable responses Staff recommends awarding a Standard Public Works Contract to lowest responsible bidder, C S Legacy Construction, Inc in the amount of $182,201 In addition to $166,000 from Gas Tax and Transportation Demand Act Article 3 (TDA -3) $87,782 in Community Development Block Grant Fund is also available for the construction of curb ramps to enhance handicapped access at street corners U30 CITY MAP 2006 -2007 Annual Curb, Curb & Gutter` And Sidewalk improvements AIM m'4 °ima.go PW 07 -02 cr e ¢d 4 2 ¢c � C m J CALIFORNIAST BUNGALOW DR MARYLAND ST SIERRA ST PENN ST SHELDON ST CYPRESS Sr 1JCALYPTUS DR PEPPER ST MAIN ST CEDAR ST VIRGINIA ST I LOMAVI5TAST HILLCREST ST :ABY S4 c o i 7.21'-c < Y D W W W W INDIANA ST I[ 'rnI j{ ILUNDIS ST W WAS NGT L.J I�J � ❑ WASHINGTON 6T � KANSAS ST CALIFORNIA ST a w ¢c OREGON 6T NEVADA ST DB CENTER ST � euNGALOwDR Y pin f D STANDARD ST MAIN RICHMOND S7 CONCORD ST 1J1_JB ®B ®� LAST WHITIN ''III Ij�{I 3 WHITING Sf r' IBB�L�JB� LOMA VISTA ST 1 J_IIJ❑ a a a g W LLCREST zS �a LL Q W > � i o 74 3 MAR LAND ST gLOMrTA S ST `wim SIERRA ST PENN ST D STANDARD ST MAIN RICHMOND S7 CONCORD ST 1J1_JB ®B ®� LAST WHITIN ''III Ij�{I 3 WHITING Sf r' IBB�L�JB� LOMA VISTA ST 1 J_IIJ❑ a a a g W LLCREST zS �a LL Q W > � i o 74 3 MAR LAND ST gLOMrTA S ST SIERRA ST PENN ST W SHELDON ST ARENA ST EUCALYPTUS D STANDARD ST MAIN RICHMOND S7 CONCORD ST 1J1_JB ®B ®� LAST WHITIN ''III Ij�{I 3 WHITING Sf r' IBB�L�JB� LOMA VISTA ST 1 J_IIJ❑ a a a g W LLCREST zS �a LL Q W > � i o 74 3 CITY MAP Handicap Access Ramps T� CDBG Project No 600858 -06 cit, a..r.e+. PW 07 -02 �JJ 2 G iF t M 9 CALIFORNIA ST BUNGALOW DR MARYLAND ST SIERRA ST PEJN SS SHELDON ST CYPRESS ST QCALYPTLIS DR PEPPER ST MAIN ST CEDAR ST VIRGINIA ST LOMAMSTAST j HILLCREiT ST II 4 QG O 4 W Ism am ` W r'lf lr�f if � 'a H I ! ! INDIANA firr ILLINOIS ! WASMGTON _ KAJqSAS ST CALIFORNIA ST OREGON ST !- CC84TER NEVADA ST �MI ■ BUNGALOW OR =Now W MARYLAND ST - �i �� ■�!i i " SISM ST PENN ST SKELDON _ , .; ,i Ali ii EIJCALYPTUs OR MAIN ST Elm ►Aar i RICHMOND ST CONCORDST LWa r1i:C%i VIRGINIAST MA WW I WHMNG ST I I W V VA J �3 u11�1tGa �Lii LOMA VISTA ST L1J—I U'a Ja LLCRESr g m J 7d. C s ; 3 j X 4 1 EL SEGUNDO CITY COUNCIL MEETING DATE: June 5, 2007 AGENDA ITEM STATEMENT AGENDA HEADING- Consent Agenda AGENDA DESCRIPTION, Consideration and possible action regarding adoption of plans and specifications for the Recreation Park Baseball Field and Softball Field Lighting Replacement and Replacement of the Baseball Field Scoreboard and authorization to solicit construction bids — Project No PW 07 -07 — (estimated cost = $123,000 00). RECOMMENDED COUNCIL ACTION Recommendation — (1) Approve plans and specifications, (2) Authorize staff to advertise the project for receipt of construction bids, (3) Alternatively, discuss and take other action related to this item BACKGROUND & DISCUSSION, This project will replace all existing light fixtures at the westerly baseball and softball fields with state -of- the -art energy efficient models The existing light poles will be utilized and the protect will also replace wiring from the ground to the fixtures atop the poles Due to funding constraints, lighting replacement at George Brett Field will be deferred to a future year It is estimated that the new system will save $17,500 per year in energy costs through the use of fewer, more efficient fixtures that provide the same level of lighting Engineers have determined that the existing lighting system composed of 144 fixtures can be replaced with a system composed of 86 fixtures. ATTACHED SUPPORTING DOCUMENTS: Location map FISCAL IMPACT: CIP• $113,000 Operating Budget: $10,000 Amount Requested. $123,000 Account Number. 301 - 400 - 8202 -8473, $113,000, 001- 400 - 5102 -6206, $10,000 Project Phase. Adoption of plans and specifications Appropriation Required: No ORIGINATED BY: DATE: r Stun, Director of Public Works REVIEWED BY ' DATE S #" Jeff ~rt, City Manager v 4 X Background and Discussion Continued Also included in this protect is the replacement of the scoreboard at Stevenson Field The existing scoreboard has been problematic and only displays the total score. The Babe Ruth Baseball Program has offered to donate a new, state -of- the -art, scoreboard for installation at Stevenson Field Washington Iron Works has generously offered to provide steel mounting poles for the installation Installation of the scoreboard and poles and other ancillary work will be provided by the City and will be included in the bid solicitation This project is funded through the FY 2006 -2007 Capital Improvement Program and the Recreation and Parks Operating budget Plans and Specifications are available for review at the Public Works counter 0 4 EL SEGUNDO CITY COUNCIL MEETING DATE June 5, 2007 AGENDA ITEM STATEMENT AGENDA HEADING- Consent Agenda AGENDA DESCRIPTION Consideration and possible action regarding adoption of plans and specifications for pavement rehabilitation on the westbound lanes of Rosecrans Avenue from Douglas Street to Sepulveda Boulevard and authorization to solicit construction bids — Project No PW 07 -08 — (estimated cost = $270,000 00) RECOMMENDED COUNCIL ACTION. Recommendation — (1) Approve plans and specifications, (2) Authorize staff to advertise the project for receipt of construction bids, (3) Alternatively, discuss and take other action related to this item BACKGROUND & DISCUSSION Rosecrans Avenue from Douglas Street to Sepulveda Boulevard was last rehabilitated In 1987 Heavy traffic volumes experienced on this critical commercial corridor have caused significant deterioration It is recommended that this roadway segment be rehabilitated through pavement milling and asphalt concrete overlay This treatment would improve the ride and appearance of the street and would reduce maintenance efforts which have increased as the pavement has deteriorated Funding for this project in the amount of $135,000 is available through the Five -Year Pavement Reconstruction Program in the Fiscal Year 2006 -2007 Capital Improvement Program Gas Tax and Proposition C funds Rosecrans Avenue has become the highest priority for rehabilitation under the Program Developer contributions in the amount of $135,000 will provide the remainder of project costs bringing the total available for the project to $270,000 ATTACHED SUPPORTING DOCUMENTS: Location map FISCAL IMPACT CIP• $135,000 Developer Contribution- $135,000 Amount Requested. $270,000 Account Number, 301- 400 - 8203 -8203, $35,000, Gas Tax 001 - 400 - 8203 -8808, $100,000, Prop C Developer Contributions, $135,000 Protect Phase: Adoption of plans and specifications Agoroonation Reauired: No BY' DATE s 3, d? of Puhlir Wnrkc 9 it I- V J i tai .i iI i �i x' a I� ]Al9 NOI1VI4V �_���!__��_ __j��anl8 NOf ltlINtlS —_J L Ail '44, N j4 _ r _max, i �v d Hip tM Y �i( w 41 Q EL SEGUNDO CITY COUNCIL MEETING DATE: June 5, 2007 AGENDA ITEM STATEMENT AGENDA HEADING Consent Agenda AGENDA DESCRIPTION: Consideration and possible action regarding the approval of an Amendment to a Professional Services Agreement between JAS Pacific Inc and the City of El Segundo for plan check services (Fiscal Impact $25,000) RECOMMENDED COUNCIL ACTION* 1) Authorize the City Manager to sign an Amendment to a Professional Services Agreement approved as to form by the City Attorney, and /or(2) alternatively, discuss and take other action related to this item. BACKGROUND & DISCUSSION: Building Safety Division has experienced an increase in building plan checks, building permit issuance, and overall Building Safety activity From years 2005 to 2006, Building Safety Division realized a considerable increase in permit activity and valuation that has resulted in workload increases to the existing staff City records show that the total number of permits issued increased from 1,718 in 2005 to 2,728 for 2006 This represents a 63% increase over the previous year Valuation (Continued on next page) ATTACHED SUPPORTING DOCUMENTS, Proposal from JAS Municipal Consulting and Engineering Services FISCAL IMPACT. Operating Budget: General Fund Amount Requested: $25,000 Account Number. 001 - 400 - 2403 -6214 Appropriation Required X Yes _No ORIGINATED. DATE May 28, 2007 Gary Chicots, Interim Direcdl , Planning and Building Safety Department DATE: 5_A0 City Manager 10 P \Planning & Building Safety \Consultant Ping Services\2007 JAS Pacific Staff Report CC 0605 -07 doc ti 4 i EL SEGUNDO CITY COUNCIL MEETING DATE June 5, 2007 BACKGROUND & DISCUSSION (cont) increased from $82,319,866 in 2005 to $148,284,493 in 2006 representing a 55% increase Permit fees collected jumped from $1,707,175 in 2005 to $2,904,373 in 2006 resulting in a 58% increase The first six months of 2007 reveals that 1216 permits were issued resulting in fees collected totaling $1,583,600 and valuation of $87,567,270 Based on the permit activity of the last two years and the upcoming projects slated to be under construction, it is anticipated that increased levels of building activity will continue Currently, Building Safety division is staffed with one (1) full time plan check engineer and a part-time contract plan check engineer In addition, Building Safety Division currently has one (1) full -time vacant plans examiner position that has not been filled In order to maintain the timely processing of future development through Building Safety plan checking and maintain the City's positive working relationship with the development community, it may be necessary to increase the plan check staff through the use of additional contract services The use of contract services can assist staff in the additional plan check work load and can be adjusted depending on need in the department ff)1148 P \Planning & Budding Safety\Consultant Ping Services\2007 AS Pacific Staff Report CC 06 -05-W doc 1_J } ('� S T A N D A R D S E R V I C E S JASPacific is a small firm; this allowT JAS to 6e personal %wit eacti client, assuring eac� Department Oat they are receiving I& nest service. C—act staffing request is processed in an ogicient Imanner, tkorougbIy reviewed, and assigned a qualified professional meeting tine requirements of eac� project. 0 04J S T A N D A R D S E R V I C E S We would like to begin by thanking the City of EI Segundo for the opportunity to present our firm to you We are confident that we can provide these services with the utmost professionalism and expertise METHODOLOGY Upon reaching an agreement to provide Plan Review Services to the City of El Segundo JAS Pacific will be prepared to provide services immediately through our Corporate office. JAS Pacific will not transfer professionals without prior notice to the City of EI Segundo and only upon approval. JAS Pacific retains hundreds of resumes of professionals at all times with a diverse range of qualifications available to fulfill the Client's service needs, and will be in place to provide service without delay Ail assigned personnel must be approved by the City of El Segundo and the client is given the opportunity to review resumes and interview any and all staff members prior to placement and service JAS Pacific consistently reviews lob performance and chant sausfacuon on a calendar basis, or upon client's request JAS Pacific is able to meet all requirements as described in the Proposal without the participation of additional consultants or sub - consultants The City of El Segundo shall not incur additional costs for project management, administration of labor and /or accounting with JAS Pacific All fees documented will represent the provision of qualified consultants and services on the chosen method of compensation SERVICE All requests for services should be directed to Mr Addison Smrth, JAS Pacific President Addison will be the primary account liaison dedicated to providing suitable candidates for selection, reviewing progress and performance, and communication with the City of El Segundo relating to these issues Mr Frank Smith will also be fully available to ensure complete satisfaction in all aspects of service, as well has excellent support staff to aid in providing thorough and prompt response to all inquiries Capable management and administrative personnel are also available to assist when needed Nicolle Stormon oversees all financial aspects and risk management functions and should be contacted in regards to these matters 10 �� T S T A N D A R D STAFF S E R V I C E S JAS Pacific is proud to offer a team of professionals selected for their excellent qualifications, extensive experience, and commitment to service All members of the JAS Pacific staff possess either a professional registration or certification from ICC, CAIRO, ACI, ACIA, and /or other appropriate agencies JAS Pacific personnel are required to maintain knowledge of current and changing codes and therefore are encouraged to attend meetings and classes to sustain knowledge of all current and changing codes. In addition, the recent increase of our in -house staff ensures that all account administration requirements are met and the interests of our staff and the City of El Segundo are maintained EDUCATION All members of JAS Pacific staff are required to maintain current and valid certifications while actively employed, and continuing education is encouraged in all pertinent fields Inspectors, Examiners, Officers and Technicians will be afforded the funds and the opportunity to maintain their current certifications and to achieve further licenses and certifications CEU requirements will be met by all staff and JAS Pacific will provide this for all workforce, all personnel performing New Construction and Rehab Construction will be certified as under the law In addition, JAS Pacific maintains an up-to -date selection of in -house education materials and training sessions available to all staff members JAS Pacific consistently monitors certification requirements and the status of all staff members on a calendar and /or as- needed basis BENEFITS JAS Pacific provides an excellent benefits package to encourage loyalty, reliability and dependability We maintain health benefits, 401k retirement program, dental insurance, supplemental disability insurance, and accident and life insurance packages including cancer liabilities Education benefits are in place to make it possible for all staff members to receive industry necessary and /or related training, meet CEU requirements, and to be reimbursed for certification fees, certification renewals and seminars Staff members are eligible for a set amount of paid holidays and vacation time after an established period of employment 11 _ ii Ni rt YC f V FA ii�w!fd S T A N D A R D STAFF S E R V I C E S JAS Pacific is proud to offer a team of professionals selected for their excellent qualifications, extensive experience, and commitment to service All members of the JAS Pacific staff possess either a professional registration or certification from ICC, CAIRO, ACI, ACIA, and /or other appropriate agencies JAS Pacific personnel are required to maintain knowledge of current and changing codes and therefore are encouraged to attend meetings and classes to sustain knowledge of all current and changing codes. In addition, the recent increase of our in -house staff ensures that all account administration requirements are met and the interests of our staff and the City of El Segundo are maintained EDUCATION All members of JAS Pacific staff are required to maintain current and valid certifications while actively employed, and continuing education is encouraged in all pertinent fields Inspectors, Examiners, Officers and Technicians will be afforded the funds and the opportunity to maintain their current certifications and to achieve further licenses and certifications CEU requirements will be met by all staff and JAS Pacific will provide this for all workforce, all personnel performing New Construction and Rehab Construction will be certified as under the law In addition, JAS Pacific maintains an up-to -date selection of in -house education materials and training sessions available to all staff members JAS Pacific consistently monitors certification requirements and the status of all staff members on a calendar and /or as- needed basis BENEFITS JAS Pacific provides an excellent benefits package to encourage loyalty, reliability and dependability We maintain health benefits, 401k retirement program, dental insurance, supplemental disability insurance, and accident and life insurance packages including cancer liabilities Education benefits are in place to make it possible for all staff members to receive industry necessary and /or related training, meet CEU requirements, and to be reimbursed for certification fees, certification renewals and seminars Staff members are eligible for a set amount of paid holidays and vacation time after an established period of employment 11 _ ii W OR K P L AN PLAN REVIEW SERVICES - OUTSOURCE: • Provide plan check of submitted plans and documentation to check for architectural, structural, mechanical, plumbing, electrical, accessibility and energy requirements • Provide plan check of submitted plans and documentation to determine compliance with City of El Segundo adopted Model Codes, Regulations and procedures- Budding Code, Plumbing Code, Mechanical Code, Electrical Code, Fire Code, and locally adopted amendments and ordinances • Coordinate plan reviews with other appropriate City agencies including but not limited to, to agencies having jurisdiction for enforcement of fire, santtaUan, health, water and sewer codes and services and City Engineer for sods for geology reports. • Systematically computer -log all plans with a computer tracking system and provide monthly status reports • Professionally Certified Plans Examiners, Engineers and Permit Technicians shall be readily available to the applicant and City of El Segundo to maintain an open line of communication to ensure compliance. • Conduct regular meetings between Client Liaison Senior Plan Checker and Plan Check staff to ensure quality control • Plan Review Engineers and Certified Plans Examiners on request of the City of El Segundo will perform plan check on -site • Attend all meetings at the City of El Segundo requiring JAB Pacific team • JAS Pacific shall provide a letter of transmittal and the appropriate paper documentation that the plans have been checked and corrections are needed or that the plans are complete This shall include the final correction list indicating that the plans meet all the requirements of the City of El Segundo • The City prior to use shall approve all forms and materials used by JAS Pacific • Records of Plan Check shall be maintained in our Corporate Office as well as records of telephonic and personal conversations concerning plans and plan check corrections • Communication available to the City and clients through telephone at [800) 816 -3677 and email at JASPacific com • Provide within 24 hours notice, pick -up or delivery of plans utilizing a JAS Pacific courier or an overnight service to no charge to the City of El Segundo 12 C 5 2 J R�I 1. W OR K F L AN TURN AROUND TIMES- OUTSOURCE: • Seven (7] working days for Single Family Residential and Light Commercial projects Ten (10) working days for Multi Family Residential and Light Commercial projects. • Twelve (12) working days for more complex Non - Residential and Commercial projects • Five (5) days for resubmitted Residential projects • Seven (7) Days for resubmitted non - complex Non - Residential projects • Ten (10] working days for resubmitted Commercial projects. • Twenty (20] working days for large complex projects • Other requested timetables available upon request • Priority plan check may be available to individual applicants on specified projects requiring a more expeditious turnaround than time previously specified • Professionally licensed staff of engineers to provide a comprehensive list of service capabilities • Communication available to the City of El Segundo and all City clients through telephone at (800) B1 B -3677 and email at JASPacific.Com 13 0 J3 EL SEGUNDO CITY COUNCIL AGENDA ITEM STATEMENT MEETING DATE: June 5, 2007 AGENDA HEADING: Consent Agenda Consideration and possible action regarding approval of a Purchase Agreement between the City of El Segundo and the Burbank - Glendale- Pasadena Airport Authority regarding the sale of the rights to two City radio frequencies (Net Fiscal Impact to City - $250,000 in revenue returned to Police Department's Asset Forfeiture account ) RECOMMENDED COUNCIL ACTION: (1) Authorize the City Manager to execute a Purchase Agreement approved by the City's special counsel for Federal Communications Commission (FCC) matters between the City of El Segundo and the Burbank - Glendale- Pasadena Airport Authority for the sale of the rights to two City radio frequencies, (2) Alternatively, discuss and take other action related to this item BACKGROUND & DISCUSSION: On December 16, 2003, the City Council approved the City entering into a Communications Products Agreement ( "CPA ") with Motorola, Inc, for the purchase of two radio frequencies (471/474 3375 and 472/475 5375 MHz) These frequencies have multiple transmitter sites providing a footprint covering the vast majority of Los Angeles County and a portion of Riverside County The CPA included a Construction and Revenue Sharing Agreement amendment with Radio Communications Association ( "RCA ") This revenue sharing agreement authorized RCA the authority to locate potential buyers for the remarking of the radio frequencies at sites not contiguous to El Segundo The agreement provides RCA receive fifty percent (50 %) of the gross amount of any sale price Continued next page- ATTACHED SUPPORTING DOCUMENTS: Purchase Agreement between the City of El Segundo and the Burbank - Glendale- Pasadena Airport Authority. Agenda and Approved Minutes of the Burbank - Glendale- Pasadena Airport Commission authorizing the purchase of the rights to two City of El Segundo radio frequencies FISCAL IMPACT: Revenue Generated: $500,000.00 ($250,000.00 net) Amount Requested. $0.00 Account Number: 109-4003105 -8108 Project Phase- N/A 1 1 Ir' J BACKGROUND & DISCUSSION: (Continued) In December 2005 the City received a Letter of Intent from the Burbank - Glendale- Pasadena Airport Authority to purchase the rights to two City's radio frequencies for $250,000 each The frequencies are to be operated within an approximate five mile radius of the Burbank-Glendale- Pasadena Airport In May 2006 radio consultants for the City and the Burbank - Glendale- Pasadena Airport Authority conducted tests to determine the viability of sharing radio frequencies The respective consultants concluded each the City of El Segundo and the Burbank - Glendale- Pasadena Airport Authority entity could coexist on the frequencies without causing harmful interference to the other On September 19, 2006, the City Council (1) Authorized the City Manager or his designee to initiate and conclude contract negotiations for the sale of City radio frequency rights to the Burbank - Glendale- Pasadena Airport Authority, (2) Authorized the City Attorney to draft an appropriate sales agreement, (3) Directed the City Manager to return to City Council for final approval of sale, and, (4) Directed any funds derived from the sale of radio frequency rights be returned to the police department's asset forfeiture account A Purchase Agreement was drafted by Russell Fox, the City's special counsel for FCC matters, and presented to the Burbank - Glendale- Pasadena Airport Authority On May 7, 2007, Burbank - Glendale- Pasadena Airport Commission approved the Purchase Agreement Staff recommends the City Council approve the Purchase Agreement between the City and the Burbank - Glendale- Pasadena Airport Authority If the Purchase Agreement is approved, Staff will return to Council at a later date to authorize the distribution of the revenue as outlined in the Construction and Revenue Sharing Agreement U5J PURCHASE AGREEMENT This Purchase Agreement (the "Agreement "), is dated as of the last date written below ( "Effective Date "), by and between the City of El Segundo, California ( "El Segundo") and Burbank - Glendale- Pasadena Airport Authority, a public entity formed under a Joint Exercise of Powers Agreement among the cities of Burbank, Glendale and Pasadena, California (the "Authority") (Each of El Segundo and the Authority may be referred to as a "Party" and may together be referred to as the "Parties ") WITNESSETH: WHEREAS, El Segundo is the exclusive Federal Communications Commission ( "FCC') licensee of the frequency assignments 471/474 3375 and 472/475.5375 MHz (the "Frequencies ") in the Los Angeles, Califomia, metropolitan area as defined under FCC Part 90, Subpart L and under the call signs WQCV954 and WQAD318 (the `El Segundo Licenses "); WHEREAS, the Authority wishes to employ the Frequencies at certain transmitter sites identified in Exhibit A hereto (the "Authority Sites "); and WHEREAS, the Authority wishes to purchase from El Segundo, and El Segundo wishes to sell to the Authority, the rights, subject to approval by the FCC, to use the Frequencies at the Authority Sites NOW, THEREFORE, in consideration of the mutual agreements, representations, warranties and covenants set forth herein, and for other good and valuable consideration the receipt and sufficiency of which are hereby acknowledged, El Segundo and the Authority hereby agree as follows- 1. Definitions. Capitalized terms used in this Agreement shall have the respective meanings set forth in this Article 1 or as otherwise defined throughout this Agreement Other capitalized terms used in tlus Agreement but not defined herein shall have the meanings ascribed to them in the Act and in the applicable FCC rules and regulations in effect as of the date of this Agreement or, if no such definition shall exist in such Act, rules or regulations, shall have the meanings that are generally accepted within the wireless telecommunications industry. 1.1 "Act" means the Communications Act of 1934, as amended (47 U S C. § 1 et seq ) 1.2 "Adverse Judgment' shall have the meaning set forth in Section 6.1(b) of this Agreement 1.3 "Affiliate" means a person that (directly or indirectly) owns or controls, is owned or controlled by, or is under common ownership or control with, another Person For purposes of this definition, the term "control' shall mean (a) the ownership of an equity interest (or the equivalent thereof) in such other Person of ten (10) percent or more, or (b) the right to vote or direct the voting power of an equity interest (or the equivalent thereof) in such other Person of ten (10) percent or more. 0 5u 1.4 "Agreement" means this Purchase Agreement 1.5 The "Authority" means the Burbank - Glendale- Pasadena Airport Authority 1.6 "Authority License" means the license issued by the FCC for the Authority to use the Frequencies with 12 5 kHz wide bandwidth at the Authority Sites 1.7 "Authority Sites" means the transmitter site locations specified in Exhibit A hereto. 1.8 "Closing" means the process pursuant to which the Parties shall cause the assignment of the Frequency Rights from El Segundo to the Authority, and the satisfaction of all of the other conditions required to occur on the Closing Date in accordance with the terns of this Agreement. 1.9 "Closing Date" means the date on which the Closing occurs. 1.10 "Concurrence Letter" shall have the meaning set forth in Section 2.5 of this Agreement 1.11 "Costs" shall have the meaning set forth in Section 10.1 of this Agreement 1.12 "Effective Date" means the date that the Agreement is signed by both Parties. 1.13 "El Segundo' means the City of El Segundo, California. 1.14 °`EI Segundo High Site License" shall have the meaning set forth in Section 5.2 of this Agreement 1.15 "El Segundo Licenses" means the authorizations issued by the FCC for the stations WQCV954 and WQAD318. 1.16 "Encumbrances" shall mean any liens, claims, mortgages, pledges, security interests, encumbrances, adverse claims or restrictions whatsoever, other than those imposed on private land mobile licensees and/or the wireless telecommunications industry generally. 1.17 "FCC" means the Federal Communications Commission. 1.18 "FCC Application" shall have the meaning set forth in Section 2 5 of this Agreement 1.19 "Final Order" means the FCC action granting an application as to which the time for filing for administrative or judicial review, or reconsideration, or for the FCC to set aside such grant on its own motion, has expired without any such filing having been made or FCC action taken, or, in the event of such filing or FCC action, the FCC grant has been reaffirmed or upheld and the time for seeking further administrative or judicial review with respect thereto has expired without any such request for such further review having been filed. 1.20 "Frequencies" means the frequency assignments 471/474 3375 and 472/475.5375 MHz. 1.21 "Frequency Rights" shall have the meaning set forth in Section 2.1 of this Agreement 1.22 "Governmental Entity" means any court, or any federal, state, municipal or other governmental authority, department, commission, board, agency or other instrumentality (domestic or foreign). 2 uJ% 1.23 "Party" or "Parties" means El Segundo and the Authority, individually or collectively. 1.24 "Person" means an individual, limited liability company, corporation, partnership, association, joint -stock company, trust, government or political subdivision or agent or instrumentality thereof, or other entity or organization 1.25 "Purchase Price" shall have the meaning set forth in Section 2 2 of this Agreement 2. Purchase. 2.1 Completion of the Purchase. Subject to the terms and conditions contained in this Agreement, on the Closing Date: (a) El Segundo shall cause the assignment to the Authority of all of the rights, title and interest associated with the use of the Frequencies, using 12 5 kHz wide bandwidth at the Authority Sites, as defined in this Agreement (the "Frequency Rights "), and (b) The Authority shall provide the Purchase Price to El Segundo, and (c) The Parties shall make all of the other deliveries required by this Agreement. 2.2 Payment for the Frequency Rights by the Authority. On the Closing Date, the Authority shall, in consideration for El Segundo causing the assignment of the Frequency Rights to the Authority, pay El Segundo Five Hundred Thousand Dollars ($500,000) (the "Purchase Price ") 2.3 Assumed Liabilities. The Authority shall not assume any existing debts, contracts, agreements, commitments, obligations or other liabilities of El Segundo and any existing debts, contracts, agreements, commitments, obligations or other liabilities of El Segundo shall be solely the liability of, and shall be solely satisfied by El Segundo. 2.4 Closing. The Closing shall take place, as the Parties may mutually agree, via telephone, confirmed facsimile, U S. first class mail or overnight courier no later than thirty (30) calendar days following: (i) the date that the FCC shall have issued the Authority License by Final Order; and (n) the satisfaction or waiver of each and every Condition to Closing set forth in Section 6 hereof. 056 2.5 Submission of FCC Applications. Within ten (10) business days of the Effective Date, El Segundo shall provide to the Authority a letter, in the form specified in Exhibit C of this Agreement (the "Concurrence Letter ") noting its concurrence to the Authority's use of the Frequencies with 12.5 kHz channel bandwidth. Within ten (10) business days of its receipt of the Concurrence Letter, the Authority shall submit to an approved frequency coordinator an application seeking the Frequency Rights (the "FCC Application ") 3. Representations and Warranties 3.1 Representations and Warranties of El Segundo. El Segundo represents and warrants to the Authority as follows. (a) Orgamzahon. El Segundo is a California General Law City and it has full power and authority to carry out all of the transactions contemplated by this Agreement and all other agreements, certificates or instruments executed and delivered in connection with this Agreement (b) Valid and Binding Agreements El Segundo has taken all action necessary to authorize the execution and delivery of this Agreement and all other agreements, certificates or instruments executed and delivered in connection with the Agreement Upon execution and delivery, this Agreement and all other agreements, certificates or instruments executed and delivered by El Segundo in connection herewith will constitute valid and binding agreements of El Segundo enforceable in accordance with their respective terms. (c) FCC Matters (i) The El Segundo Licenses are validly issued to El Segundo. The El Segundo Licenses have been granted by Final Order to El Segundo. The El Segundo Licenses are in full force and effect and are, have been and will remain in compliance with all applicable FCC regulations, including such loading and construction rules as are required to maintain exclusive use of the Frequencies in the Los Angeles, California, metropolitan area as defined under FCC Part 90, Subpart L and are free and clear of any restrictions which might limit the full operation of the El Segundo Licenses, other than such restrictions as are imposed on similar licensees or the wireless telecommunications industry generally (ii) There is no investigation, claim, action, suit or other proceeding pending or, to the best knowledge of El Segundo, threatened, relatmg to El Segundo or the El Segundo Licenses, which, if adversely determined, either would result in the revocation, cancellation, suspension or adverse modification of the El Segundo Licenses or would have a material adverse effect on the ability of El Segundo to perform its obligations hereunder, nor is El Segundo aware of any reasonable basis for any such investigation, claim, action, suit or 05", proceeding. Subject to obtaining the consent of the FCC to the transactions contemplated by this Agreement, El Segundo has the absolute and unrestricted right, power and authority to assign the Frequency Rights (d) Misrepresentation of Material Fact To the best of El Segundo's knowledge, information and belief based upon reasonable investigation, (i) no document, contract or other instrument which in any way affects this Agreement, (ii) no certificate or statement f irmshed by or on behalf of El Segundo in connection with this Agreement, (iii) no information supplied by El Segundo to the Authority, nor (iv) this Agreement itself contains any untrue statement of a material fact or omits to state a material fact required to make the statements contained therein not misleading. (e) Finder. Radio Communications Association has acted on behalf of El Segundo in connection with the transactions contemplated by dus Agreement and El Segundo shall be solely responsible for compensating Radio Communications Association in connection with this transaction No other broker or finder has acted on behalf of El Segundo in connection with the transactions contemplated hereby. (f) No Conflicts Except for the consent of the FCC, neither the execution and delivery of this Agreement, nor the consummation of any of the transactions contemplated hereby, nor compliance with or fulfillment of the terms, conditions and provisions hereof will, (i) Conflict with, result in a breach of the terms, conditions or provisions of, or constitute a default, an event of default or an event creating rights of acceleration, tennmation or cancellation or a loss of rights under. (A) any material note, indenture, instrument, agreement, license, permit or other right or obligation to which El Segundo is a party or any of its properties is subject or by which El Segundo is bound, (B) any court order to which El Segundo is a party or by which it is bound; or (C) any laws, regulations or statutes affecting El Segundo. (ii) Require the approval, consent, authorization or act of, or the making by El Segundo of any declaration, filing or registration with any Person 3.2 Representations and Warranties of the Authority. The Authority represents and warrants to El Segundo as follows: (a) Organization The Authority is a public entity formed under a Joint Exercise of Powers Agreement among the cities of Burbank, Glendale and Pasadena, California and has full power and authority to carry out all of the transactions contemplated by this Agreement and all other agreements, certificates or instruments executed and delivered in connection with this Agreement (b) Valid and Binding Agreements The Authority has taken all action necessary to authorize the execution and delivery of this Agreement and all other agreements, 66(1 certificates or instruments executed and delivered in connection with the Agreement Upon execution and delivery, this Agreement and all other agreements, certificates or instruments executed and delivered by the Authority in connection herewith will constitute valid and binding agreements of the Authority enforceable in accordance with their respective terms (c) No Finder. No broker or finder has acted on behalf of the Authority in connection with the transactions contemplated hereby (d) Misrepresentation of Material Fact To the best of the Authority's knowledge, information and belief based upon reasonable investigation, (a) no document, contract or other instrument which in any way affects this Agreement, (b) no certificate or statement furnished by or on behalf of the Authority in connection with this Agreement, (c) no information supplied by the Authority to El Segundo, nor (d) this Agreement itself contains any untrue statement of a material fact or omits to state a material fact required to make the statements contained therein not misleading (e) No Conflicts Except for the consent of the FCC, neither the execution and delivery of this Agreement, nor the consummation of any of the transactions contemplated hereby nor compliance with or fulfillment of the terms, conditions and provisions hereof will (i) Conflict with, result in a breach of the terms, conditions or provisions of, or constitute a default, an event of default or an event creating rights of acceleration, termination or cancellation or a loss of rights under: (A) the organizational documents of the Authority; (B) any material note, indenture, instrument, agreement, license, permit or other right or obligation to which the Authority is a party or any of its properties is subject or by which the Authority is bound; (C) any court order to which the Authority is a party or by which it is bound, or (D) any laws, regulations or statutes affecting the Authority. (h) Require the approval, consent, authorization or act of, or the making by the Authority of any declaration, filing or registration with any Person. 4. Covenants of Parties Prior To Closing. 4.1 Mutual Cooperation. During the term of flus Agreement until the Closing Date, El Segundo and the Authority each covenant as follows (a) Each Party shall provide the other Party hereto with true and complete copies of any documentation or information that may be received or which it may be entitled to receive from time to time with respect to the FCC Application; (b) Each of the Parties shall cooperate fully and promptly with the other Party hereto in all respects in connection with any matters involving the Application and shall not take any action with respect to any such matter involving the Application without prior consultation with, and obtaining a concurrence from, the other Party hereto with respect to any such action 6 V61 4.2 Preserve Accuracy of Representations and Warranties. Each of the Parties hereto shall refrain from taking any action that would render any representation or warranty contained in this Agreement inaccurate in any material respect as of the Closing Date Each Parry shall promptly notify the other in writing (a) of any action, suit or proceeding that shall be instituted or threatened against such party to restrain, prohibit or otherwise challenge the legality of any transaction contemplated by this Agreement, (b) of any development causing a breach of any of the representations and warranties of such party, or (c) of any lawsuit, claim, proceeding or investigation that may be threatened, brought, assessed or commenced against such parry which would have been disclosed if such lawsuit, claim, proceeding or investigation had arisen prior to the date hereof. No disclosure by any parry pursuant to this Section 4.2, however, shall be deemed to amend or supplement this Agreement or to prevent or cure any misrepresentation, breach of warranty or breach of covenant therein, unless consented to in writing by the Party receiving the disclosure. 4.3 Further Assurances. From and after the Effective Date, each of the Parties shall, from time to time, at the request of the other Party and without fiuher consideration, do, execute and deliver, and cause to be done, executed and delivered, all such further acts, things and instruments as may be reasonably requested or required more effectively to evidence and give effect to the transactions contemplated by this Agreement. 4.4 Exclusivity; Confidentiality Until the earlier of the termination of tins Agreement or the Closing Date, El Segundo shall not (i) enter into any agreement that would limit or restrict the Authority's rights to the Frequency Rights under this Agreement, (ii) solicit, initiate, or encourage the submission of any proposal or offer from any Person relating to the Frequency Rights or (iii) participate in any discussions or negotiations regarding, furnish any information with respect to, assist or participate in, or facilitate in any other manner any effort or attempt by any Person to do or seek any of the foregoing. El Segundo will notify the Authority immediately if any Person makes any proposal, offer, inquiry, or contact with respect to any of the foregoing, which notice shall include the identity of the Person making the proposal, offer, inquiry or contact, and a summary of the principal terms thereof The foregoing restrictions shall not limit El Segundo's ability to permit additional uses of the Frequencies pursuant to Section 5.1 of this Agreement that do not conflict with the Authority's Frequency Rights. 5. Covenants of the Parties After Closing 5.1 El Segundo's Authorization for the Frequencies. (a) After the Closing, El Segundo will continue to be authorized to use the Frequencies pursuant to the El Segundo Licenses. El Segundo may sell rights to use the Frequencies, with 12 5 kHz wide channels, in agreements similar to this Agreement, so long as (i) the sites at which the additional purchasers of the Frequencies are located comply with the FCC's co- channel separation rules for the band 470 -512 MHz; or (ii) the Authority consents to the purchasers' use of the Frequencies, based on a demonstration that the purchasers' use will not cause harmful interference to the Authority's use of the Frequencies The Authority hereby agrees to provide all necessary documents requested by El Segundo including, but not limited to, k,62 7 letters of concurrence, in order to facilitate El Segundo's further sale of the use of the Frequencies, consistent with this Section 5. 1, to thud parties (b) El Segundo shall bear any and all costs for engineering, testing, troubleshooting, legal, licensing, and/or compliance costs associated with any contemplated or actual sale, rental, lease, or third party use of the Frequencies 5.2 El Segundo's Use of the Frequencies with 25 kHz Wide Channels. The Parties acknowledge that El Segundo's authorization for station WQAD318 ( "El Segundo High Site License ") permits El Segundo to use the Frequencies with 25 kHz channels at locations closer to the Authority Sites than would otherwise be permitted by the FCC's rules or frequency coordination procedures El Segundo agrees that any operation of facilities pursuant to the El Segundo High Site License (or any other successor authorizations permitting the use of the Frequencies with 25 kHz bandwidth) may not cause harmful interference (as defined in Section 5 4 below) to the Authority. Upon notification from the Authority to El Segundo that El Segundo's operations from High Site Licenses are causing harmful interference to the Authority, El Segundo will immediately cease operations based on the El Segundo High Site License. In the event that El Segundo assigns, in whole or in part, the El Segundo High Site License, any purchaser thereof must agree in writing to the conditions specified in this Section 5.2 and Sections 5 3 and 5 4 5.3 The Parties' Use of the Frequencies with 12.5 kHz Wide Channels. The parties acknowledge that their respective use of the Frequencies with 12 5 kHz wide channels (in the case of El Segundo, pursuant to the authorization for station WQCV954, and in the case of the Authority, from the Authority Sites) will be authorized at locations closer than otherwise permitted by the FCC's rules for co- channel stations in the band 470 -512 MHz In the event that one Parry elects to relocate its operations, the other Party shall consent to such relocation if the Party seeking to relocate can demonstrate that there will be no harmful interference to the non- relocating parry as defined in Section 5 4 below 5.4 Standard for Consent/Harmful Interference. Neither El Segundo nor the Authority shall be required to provide concurrence for new licensees, relocation of existing stations, or full -time operation of any operations contemplated by Sections 5.1, 5 2 or 5 3 of this Agreement if the proposed operations will cause interference greater than that identified during the joint radio tests conducted on May 11, 2006 by the Authority and El Segundo (See Exhibits C and D). For purposes of this Agreement, the Parties agree that proposed operations will be deemed not to cause harmful interference to one another's operations if the signal strength of the Frequencies generated by the proposed operations, measured at the primary repeater location of the existing, non - relocating licensee does not exceed 0 9 microvolts. The Authority's primary repeater location is identified in Exhibit A and El Segundo's primary repeater locations are identified in Exhibit B. 5.5 Survival of Covenants. The Covenants of this Section 5 shall survive Closing until such time as a Party is no longer authorized to operate the Frequencies, or as permitted by law. l fi 6. Conditions to Closing. 6.1 Conditions to Each Party's Obligations The respective obligations of each Parry to consummate the transactions contemplated by this Agreement are subject to the fulfillment at or prior to the Closing Date of each of the following conditions, any or all of which may be waived in whole or in part by the Party being benefited thereby, to the extent permitted by applicable law- (a) The FCC shall have issued the Authority License by Final Order without limitation, restriction or condition that has or would have a material adverse effect upon the Authority License or either of the Parties to this Agreement; (b) There shall not be in effect any judgment, decision, arbitrator's ruling, writ, order, injunction or decree restraining, enjoining or otherwise preventing consummation of the transactions contemplated by this Agreement or permitting such consummation only subject to any condition or restriction that has or would have a material adverse effect upon any of the Authority License or either of the Parties to this Agreement ("Adverse Judgment "), or any pending proceeding which could reasonably be expected to produce an Adverse Judgment. 6.2 Additional Conditions to Obligations of the Authority to Close /Closing Deliveries. The obligation of the Authority to consummate the transactions contemplated by this Agreement are subject to the fulfillment at or prior to the Closing Date of each of the following conditions in addition to the conditions set forth in Section 6.1 hereof (any or all of which may be waived in whole or in part by the Authority, to the extent permitted by applicable law) (a) The representations and warranties of El Segundo contained herein or otherwise required to be made after the Effective Date shall have been true in all material respects, in each case when made and on and as of the Closing Date; (b) El Segundo shall have performed or complied in all material respects with all agreements, covenants and conditions contained herein required to be performed or complied with by El Segundo prior to or at the time of Closing; (c) The Authority shall deliver the following to El Segundo at Closing (1) Certificate of the Authority, dated as of the Closing Date, certifying that each representation and warranty of Authority contained in this Agreement is true and correct in all material respects and that the Authority has complied in all material respects with all of its obligations under this Agreement, giving full effect to any disclosures consented to by El Segundo in accordance with Section 4.2 of this Agreement, (ii) The Purchase Price; and (iii) Such other documents as El Segundo may reasonably request or as may be otherwise necessary to evidence and effect the transactions contemplated by this Agreement. 6.3 Additional Conditions to Obligations of El Segundo to Close /Closing Deliveries. The obligation of El Segundo to consummate the transactions contemplated by this Agreement are subject to the fulfillment at or prior to the Closing Date of each of the following G 1 conditions in addition to the conditions set forth in Section 6.1 hereof (any or all of which may be waived in whole or in part by El Segundo, to the extent permitted by applicable law). (a) The representations and warranties of the Authority contained herein or otherwise required to be made after the Effective Date hereof shall have been true in all material respects, in each case when made and on and as of the Closing Date, (b) The Authority shall have performed or complied in all material respects with all agreements, covenants and conditions contained herein required to be performed or complied with by the Authority prior to or at the time of Closing, and (c) El Segundo shall deliver the following to the Authority at Closing. (1) Certificate of an authorized representative of El Segundo, dated as of the Closing Date, certifying that each representation and warranty of El Segundo contained in this Agreement is true and correct in all material respects and that El Segundo has complied in all material requests with all of its obligations under this Agreement, giving full effect to any disclosures consented to by the Authority in accordance with Section 4 2 of this Agreement, (ii) A Bill of Sale, signed by an authorized representative of El Segundo, and (iii) Such other documents as the Authority may reasonably request or as may be otherwise necessary to evidence and effect the transactions contemplated by this Agreement 7. Termination. 7.1 Termination of Agreement. This Agreement may be terminated at any time prior to the Closing. (a) By mutual written consent of El Segundo and the Authority, (b) By either Party if any action by a Governmental Entity shall have become a Final Order prohibiting all of the transactions contemplated by this Agreement so long as such government action was not caused or precipitated by the action or inaction of the Party seeking termination; (c) By El Segundo or the Authority, respectively, if the other Party is in breach of any material term of this Agreement and such breach not cured promptly (and, in any event within thirty (30) days) after delivery of written notice by El Segundo or the Authority (as the case may be) to the other Party identifying such breach; or (d) By either Party, if Closing has not occurred within eighteen (18) months of the Effective Date, provided that the terminating Party is not then and has not been in breach of this Agreement. 7.2 Procedure and Effect of Termination. (a) Procedure. In the event of termination of this Agreement by either of the Parties hereto, written notice shall be given by the terminating Party to the other Party specifying the applicable provision of this Agreement pursuant to which such termination is authorized and is being made Upon delivery of such notice in compliance with this Agreement, this Agreement 10 (except for the applicable provisions of Sections 3.1(c)(i), 5.4, 8, 9, and 10, each of which shall survive any termination of this Agreement) shall be terminated in its entirety and there shall be no liability on the part of any Party (or their respective officers, directors, partners or Affiliates) to the other Party, except as a result of any breach of this Agreement occurring prior to the effective date of such termination of this Agreement or for breach of any continuing obligation under any of the surviving provisions of this Agreement (b) Effect of Termination Prior to Closing. In the event of termination of this Agreement prior to Closing, the Authority shall withdraw the FCC Application and each Party shall make any such filings with the FCC which are necessary and proper in order to restore the other Party to its condition as of the Effective Date 8. Dispute Resolution. The Parties agree to use the dispute resolution procedures set forth in this Section with respect to any controversy or claim ansing out of or relating to this Agreement or its breach For a period of 45 days after notice from either Party, the Parties shall attempt in good faith to resolve the dispute by direct negotiation of representatives of the Parties If the Parties do not resolve the dispute within such 45 -day period, either Party may submit the matter to mediation with a professional mediation service selected by the Parties. If the Parties do not resolve the dispute through negotiation or mediation within an additional 45 -day period, the Parties may pursue any other legal or equitable rights available. The costs of mediation, including the fees and expenses of the mediator, shall be paid equally by the Parties. Each Parry shall bear the cost of preparing and presenting its case. Mediation shall take place in Los Angeles, California. 9. Notices. Any notice or payment required or permitted to be given by a Party to this Agreement shall be (a) provided in writing, (b) deemed effective on the first business day following the date of receipt (unless otherwise specifically provided herein), and (c) delivered by one or more of the following means (i) by personal delivery, (u) by prepaid, overnight delivery or courier service, (iii) by confirmed facsimile, or (iv) by the United States Postal Service, first class, certified mail, return receipt requested, postage prepaid All notices given under this Agreement shall be addressed as follows If to the Authority, then to: Burbank - Glendale- Pasadena Airport Authority 2627 N. Hollywood Way Burbank, CA 91505 Attn.: Mr. Scott R Smith, Director of Financial Services Mr. Edward B. Skvarna, Director of Public Safety Telephone: 818- 840 -8840 Fax: 818-848-1173 Electronic Mail ssmith @bur org eskvarna @bur org 066 11 with a copy, given in the manner prescribed above, to Lukas, Nace, Gutierrez & Sachs, Chartered 1650 Tysons Blvd., Ste 1500 McLean, VA 22102 Atm Elizabeth R Sachs, Esq Electronic mail- lsachskfcclaw com Telephone number- (703) 584 -8663 Fax number- (703) 584 -8695 If to El Segundo, then to: City of El Segundo, CA Atm City Clerk 348 Main Street El Segundo, CA 90245 Telephone: 310 -524 -2307 Fax 310 - 615 -0529 Electronic Mail: cdomann @elsegundo.org with a copy, given in the manner prescribed above, to: Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P C 701 Pennsylvania Avenue, NW Suite 900 Washington, DC 20004 -2608 Attu. Russell H. Fox Electronic Mail: rfox @mmtz.com Telephone Number: 202 - 434 -7300 Fax Number: 202 - 434 -7400 Notice shall also be deemed effective and receipt constituted in the event a Party rejects or otherwise refuses to accept notice. Any Parry may alter the address(es) to which communications are to be sent by giving notice of such change of address in conformity with the provisions of this Section 9 providing for the giving of notice, provided, however, that no notice of change of address or telecopier number shall be effective until ten (10) business days after the date of receipt thereof. 10. Indemnification 10.1 Indemnification by the Authority. The Authority agrees to defend, indemnify and hold El Segundo harmless from and against any and all losses, liability, damages, costs, or expenses (including reasonable attorneys' fees, penalties and interest) (together "Costs ") incurred by El Segundo, resulting from, arising out of, or incurred as a result of. (a) the inaccuracy of any representation made by the Authority herein, or in accordance herewith, (b) the breach of any warranty or covenant made by the Authority herein or in accordance herewith or (c) the ownership of the Frequency Rights after Closing. If the Closing occurs, the Authority will have 12 067 no liability (for indemnification or otherwise) with respect to any representation or warranty, or covenant or obligation to be performed and complied with prior to the Closing Date, unless on or before a period of three (3) years from the Closing Date El Segundo notifies the Authority pursuant to Section 10.3. 10.2 Indemnification by El Segundo. El Segundo agrees to defend, indemnify and hold the Authority harmless from and against any and all Costs incurred by the Authority resulting from, ansmg out of, or incurred as a result of (a) the inaccuracy of any representation made by El Segundo herein or in accordance herewith, (b) the breach of any warranty or covenant made by El Segundo herein or in accordance herewith, or (c) the ownership of the Frequency Rights prior to Closing If the Closing occurs, El Segundo will have no liability (for indemnification or otherwise) with respect to any representation or warranty, or covenant or obligation to be performed and complied with prior to the Closing Date, unless on or before a period of three (3) years from the Closing Date the Authority notifies El Segundo pursuant to Section 10.3 10.3 Notice of Claims. The Parties each agree to give prompt written notice to the other of any claim against the Parry giving notice which might give rise to a claim by it against the other party hereto based upon the indemnity provisions contained herein, stating the nature and basis of the claim and the actual or estimated amount thereof. If a claim for indemnification is to be made against an indemnifying Party, the indemnified Party shall give notice to the indemnifying Party of the commencement of such claim, but the failure to notify the indemnifying Party will not relieve the indemnifying Party of any liability that it may have to the indemnified Parry, except to the extent the indemnifying Parry demonstrates that the defense of such action is prejudiced by the indemnified Party's failure to give notice. The indemnifying Party shall have the right to assume defense of a claim, damage or action with counsel reasonably acceptable to the indemnified Party The indemnified Party shall be entitled to participate in the defense of the claim, demand or action with its own counsel at its sole expense. Neither Party shall enter into a settlement that imposes liability on the other without the other Party's consent, which consent shall not be unreasonably withheld, conditioned or delayed 10.4 Waiver. Notwithstanding anything to the contrary in this Agreement, if the Closing occurs, no claim for indemnification may be assessed by either Party with respect to any matter discovered or known to such Party on or before the Closing Date. 11. Miscellaneous 11.1 Modification of Agreement. No modification, amendment or supplement to the Agreement or any of its provisions shall be effective and binding upon the Parties unless it is made in writing and executed by a duly authorized representative of the Parties 11.2 No Waivers. No Party shall be deemed to waive any of its rights, powers or remedies hereunder unless such waiver is in writing and signed by such Party No delay or omission by a Party in exercising any of said rights, powers or remedies shall operate as a waiver thereof, nor shall a waiver signed by a Party of any breach of the covenants, conditions or agreements binding on another Party on one occasion be construed as a waiver or consent to such breach on any future occasion or a waiver or any other covenant, condition or agreement herein contained 13 U68 11.3 Assignment All covenants, agreements, representations, warranties and indemnities will be binding upon, and inure to the benefit of the Parties and their respective successors and permitted assigns. Tins Agreement may not be assigned by either Party except with the prior written consent of the other Party and by El Segundo, in accordance with Section 52 11.4 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Califorma, without regard to the conflict of laws principles thereof 11.5 Rules of Construction. No rule of construction requiring interpretation against the drafting Party hereof shall apply in the interpretation of this Agreement. Each Party has obtained advice, or had the opportunity to obtain advice, of counsel and is fully aware of the legal implications of each provision of the Agreement 11.6 Pronouns. Pronouns used herein shall be construed as masculine, feminine, or neuter, and both singular and plural, as the context may require 11.7 References to Other Documents. All references herein to any document, instrument, or agreement shall be deemed to refer to such document, instrument, or agreement as the same may be amended, modified, restated, supplemented, or replaced from time to time 11.8 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original and all of which taken together shall constitute one and the same Agreement Originally executed documents transmitted by facsimile shall be effective to create such counterparts. 11.9 Binding Agreement. This Agreement shall be binding upon and inure to the benefit of, and is enforceable by, the Parties and their respective legal representatives, successors and permitted assigns Nothing in this Agreement, express or implied, is intended to confer upon any Person other than the Parties hereto or their respective legal representatives, successors and permitted assigns any rights, remedies, obligations, or liabilities under or by reason of this Agreement, except as expressly provided in flits Agreement. 11.10 Compliance With Laws. Notwithstanding any undertakings herein to the contrary, neither Party shall be obligated to take or withhold any action or perform any services which would violate federal, state, or local law, including all applicable administrative regulations. 11.11 Entire Agreement. This Agreement, together with its preamble and recitals and with any documents referred to herein, each of which is incorporated herein by this reference, sets forth the entire agreement and understanding between the Parties with respect to the subject matter hereof, and is intended as the Parties' final expression and complete and exclusive statement of the terms and conditions thereof, superseding all prior or contemporaneous agreements, representations, promises and understandings, whether written or oral, and merging all prior discussions between the Parties. No Party shall be bound by any definition, condition, provision, representation, warranty, covenant or promise other than as expressly stated in this 063 14 Agreement or as is subsequently set forth in writing and executed by a duly authorized representative of the Party to be bound thereby. 11.12 Headings of No Force and Effect. Captions and paragraph and section headings used in this Agreement are for convenience only and shall not be used to interpret any provision hereof 11.13 Time is of the Essence. The Parties acknowledge that time is of the essence of this Agreement The Parties shall engage reasonable best efforts to close the transaction in a prompt manner 11.14 Expenses. Each Party shall bear its own legal, engineering and accounting fees. The foregoing notwithstanding, El Segundo shall be responsible, with the consent of the Authority, which shall not be unreasonably withheld or delayed, for the preparation and prosecution of (i) the FCC Application, (ii) other instruments as may be reasonably necessary in seeking and obtaining the Authority License, and (iii) such other instruments to be filed and delivered to the FCC pursuant to this Agreement. [THE REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK] 15 1;70 IN WITNESS WHEREOF, the Parties have caused their respective duly authorized representatives to execute this Agreement as of the date last written below CITY OF EL SEGUNDO, CALIFORNIA Signature Name Title Date Attest City Clerk Date Approved as to Form: BURBANK- GLENDALE - PASDENA AIUTHO Signature Q47V (j 14V LnD VJ Name eKts, D i;T- Title = `J '7, 0'7 Date Russell H Fox, Special Counsel to the City of El Segundo 16 ( it EXIIIBIT A AUTHORITY SITES Street Address: 2500 Hollywood Way Burbank, CA Coordinates. 34- 11- 39.0N, 118- 20 -55.OW Elevation AMSL: 207 3m Antenna Height Above Ground 35.1m 07 2 EXHIBIT B EL SEGUNDO SITES Site 1 Site 2: Street Address Sierra Peak Street Address Verdugo Peak Corona, CA Glendale, CA Coordinates: 33 -50 -58 1; 117 -39 -17 2 Coordinates 34- 13 -09; 118 -17 -10.3 Elevation AMSL 928m Elevation AMSL: 919m Antenna Height Above Ground. 34m Antenna Height Above Ground 37m Site 3: Site 4 Street Address. San Pedro Hill Street Address: Rio Hondo Peak Rolling Hills, CA Whittier, CA Coordinates 33 -44 -50 1; 118 -20 -10 3 Coordinates: 34 -01 -2 4; 118 -00 -53 5 Elevation AMSL 445m Elevation AMSL- 352m Antenna Height Above Ground: 20m Antenna Height Above Ground: I5m Site 5: Site 6 Street Address. 24500 Saddle Peak Rd Street Address: 348 Main Street Malibu, CA El Segundo, CA Coordinates- 34- 04 -32; 118 -39 -30 Coordinates: 33 -55- 10.0,118 -24 -55 Elevation AMSL: 850m Elevation AMSL: 34m Antenna Height Above Ground 21m Antenna Height Above Ground 30m Site 7: Street Address: 222 N Sepulveda El Segundo, CA Coordinates 33- 55 -09; 118 -23 -44 Elevation AMSL 30m Antenna Height Above Ground: 106m 073 EXHBIT C CONCURRENCE LETTER [EL SEGUNDO LETTERHEAD] [Date] Federal Communications Commission 1270 Fairfield Road Gettysburg, PA 17325 Re Use of the Frequency Assignments 471/474.3375 and 472/475.5375 MHz To Whom It May Concern. We hereby consent to the use of the frequency assignments 471/474.3375 and 472/475.5375 MHz (the "Frequencies ") by the Burbank - Glendale- Pasadena Airport Authority (the "Authority ") in the manner described in the attached FCC Form 601. We are the licensee of the Frequencies pursuant to the authorizations issued by the FCC for stations WQCV954 and WQAD318. We and the Authority have reached an agreement regarding any interference caused by our mutual use of the Frequencies in the Los Angeles metropolitan area. We hereby certify that the systems authorized pursuant to the authorizations for stations WQCV954 and WQAD318 are constructed and fully operational Very truly yours, [Name] [Title] U74 BURBANK - GLENDALE - PASADENA AIRPORT AUTHORITY Regular Meeting of Monday, May 7, 2007 9:00 A.M. NOTE TO THE PUBLIC: Prior to consideration of business items, the Authordy invites comment on airport - related matters during the Public Comment period Members of the public are requested to observe the following decorum when attending or participating in meetings of the Commission: • Turnoff cellular telephones and pagers. • Refrain from disorderly or boisterous conduct, including loud, threatening, profane, or abusive language, clapping, whistling, stamping, or other acts that disrupt or otherwise render unfeasible the orderly conduct of the meeting. • If you desire to address the Commission during the Public Comment period, fill out a speaker request card and present it to the Commission's secretary before the start of the meeting. • Limit public comments to five minutes, or such other period of time as may be specified by the presiding officer, and confine remarks to matters that are on the Commission's agenda for consideration or are otherwise within the subject matterlurisdiction of the Commission. In accordance with the Americans with Disabilities Act of 1990, if you require a disability- related modification or accommodation to attend or participate in this meeting, including auxiliary aids or services, please call the Board Secretary at (818) 840 -8840 at least 48 hours prior to the meeting. i101.Zij1111e"N " 2. PLEDGE OF ALLEGIANCE i?� I�iRCKK�l�l�i��(I Il 4. CONSENT CALENDAR a. Committee Reports 1) Operations & Development Committee April 16, 2007 2) Legal, Government & Environmental Affairs Committee April 18, 2007 b Minutes 1) April 16, 2007 W,GENDAVWUTH0RI7YU -7 -07 WP[) [See Page 11 [See Page 41 [See Page 71 075 c Acquisition of Backhoe Tractor [See Page 14 d. Treasurer's Report 1) March 2007 [See Page 141 ITEMS FOR COMMISSION APPROVAL a. Airport Radio Frequencies Acquisition and System Configuration Upgrade [See Page 291 b Skybus Airlines, Inc Signatory Airport Use Agreement, Equipment Maintenance Agreement and Electronic Kiosk Permit [See Page 341 6. ITEMS FOR COMMISSION INFORMATION a. Airline Schedule Analysis [See Page 37] CLOSED SESSION a CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Subdivision (a) of Section 54956 9) 1) In the Matter of the Application Between Burbank - Glendale- Pasadena Airport Authority, Request for Variance, Before the Department of Transportation, Division of Aeronautics 2) Burbank- Glendale- Pasadena Airport Authority v. T Viole Construction Co , Inc , et al, Case No. EC044361 b CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION 1) Imtation of litigation pursuant to subdivision (c) of section 54956 9 of the California Government Code (five cases) One case: Part 161 Study 2) Significant exposure to litigation pursuant to subdivision (b) of section 54956.9 of the California Government Code (seven potential cases), Facts and Circumstances (five cases): Takeback of Southwest Quadrant Leaseholds c THREAT TO PUBLIC SERVICE OR FACILITIES 1) Consultation with Director of Secunty/Transportation Security Coordinator V+GENOAWUTHORITM -7 -07 WPD -2- G, 7 G d. PUBLIC EMPLOYEE PERFORMANCE EVALUATION 1) Title Deputy Executive Director —Development of Goals and Objectives and Implementation Performance in the Areas of Airport Development, Parking Facilities Development, Noise Mitigation and Other Environmental Programs, and Organizational Financial Performance ADJOURNMENT WGENDAIAUTHORITV15 -7 -07 WPD -3- Approved May 21, 1007 MINUTES OF THE REGULAR MEETING OF THE BURBANK- GLENDALE- PASADENA AIRPORT AUTHORITY MONDAY, MAY 7, 2007 A regular meeting of the Burbank - Glendale- Pasadena Airport Authority was called to order this date in the Airport Skyroom, 2627 Hollywood Way, at 9.02 a.m., by President Holden. ROLL CALL Present: Absent: Also Present: 2. PLEDGE OF ALLEGIANCE 3. PUBLIC COMMENT 4. CONSENT CALENDAR a Committee Reports Operations and Development Committee (i) April 16, 2007 2) Legal, Government and Environ- mental Affairs Committee (1) April 18, 2007 MINUTESWUTNORIM&7 -07 WPD Commissioners Brown, Wiggins, Lombardo, Povilaibs, Holden, Streator, Yousefian, Manoukian and Logan None Staff: Dan Feger, Deputy Executive Director; John Hatanaka, Deputy Executive Director; and Scott Smith, Director of Financial Services Authority Counsel Laurence S. Wiener of Richards, Watson & Gershon President Holden led the assembly m the recitation of the Pledge of Allegiance to the Flag. There were no public speakers Draft minutes of the following meetings were included in the agenda packet for information: April 16, 2007, Operations and Development Committee, and April 18, 2007, Legal, Government and Environmental Affairs Committee. 078 b. Minutes 1) April 16, 2007 The draft minutes of the April 16, 2007, Commission meeting were included in the agenda packet for review and approval c Acquisition of Backhoe The Maintenance Department's current backhoe tractor has Tractor outlived its useful life and Staff believes that spending additional money to keep it operational would not be cost - effective. The backhoe tractor is used during the course of normal maintenance tasks to trench for electrical and plumbing installations, haul dirt, scrape surfaces, and perform general excavation. It is also used to support airport operations during emergency situations to place k -rail for threat conditions and for blocking access to storm drains from HAZMAT spills Staff solicited quotations for the purchase of a replacement backhoe tractor and three bids were received At the April 16, 2007, meeting of the Operations and Development Committee the Committee agreed 2-0 (1 absent) to recommend to the full Authority authorization to issue a purchase order to the low bidder, So Cal Tractor Sales, Inc , for a diesel- powered New Holland Backhoe Tractor meeting MY (model year) 2007 Emission standards in the amount of $87,118.94. The FY 2007 budget includes a line item of $100,000 for this equipment d. Treasurer's Report 1) March 2007 At the May 7, 2007, meeting of the Finance and Administra- tion Committee prior to the Commission meeting, the Committee agreed unanimously (3-0) to recommend to the full Authority that the March 2007 Treasurer's Report be noted and filed With regard to agenda item 4 b 1), the minutes of the April 16, 2007, Commission meeting, Commissioner Logan noted two typographical errors which will be corrected prior to the signing of the minutes Commissioners Logan, Brown and Manoukian were not present at the April 16, 2007, Commission meeting and therefore abstained from voting on the minutes Motion Commissioner Yousefian moved approval of the Consent Calendar, seconded by Commissioner Brown MINUTESWUTHORIM5 -7 -07 WPO -2- ('79 Motion Approved There being no objection, the Consent Calendar was approved unanimously with the exception of agenda item 4.b 1), the nunutes of the April 16, 2007, Commission meeting, which were approved 6-0 with three Commissioners abstaining as noted above. 5. ITEMS FOR COMMISSION APPROVAL a. Airport Radio During FY 2005 -06, the Authority approved recommendations Frequencies Acquisition from its communications consultant, Cadstar, Inc ( "Radio and System Consultant'), to replace the existing VHF radio system with a Configuration Update state -of- the -art digital UI-IF System. The replacement program is intended to reflect changes in technology, the migration of local government public safety radio systems to the UHF Band, and to provide and improve public safety mteroperability. Under the guidance of the Radio Consultant, Staff has identified two radio frequencies which meet the Authority's needs, are cost - effective and have been tested for reliability With the selection of these two frequencies which will serve a five -mile radius from the Airport, the significant building blocks for the Airport's radio system can be put in place The Radio Consultant believes that at least for the near term, two UHF frequencies are sufficient to meet the Airport's radio needs provided the Parking Department continues to operate in the VHF band The Radio Consultant will, however, continue to seek a thud frequency for use by the Airport, and this matter will be brought back to the Commission when another suitable UHF frequency becomes available At the April 16, 2007, meeting of the Operations and Development Committee, the Committee agreed 2-0 (1 absent) to recommend that the full Authority authorize the acquisition of two UHF radio frequencies from the City of El Segundo for $500,000 as well as the acquisition of $444,701 in collateral radio equipment, including mobile and portable radios, other radio system infrastructure equipment, and additional consultant support The radio consoles and Police Department and Fire Department mobile and portable radios have already been acquired. The proposed purchases will allow significant progress toward final implementation of the radio system. Remaining components of the radio system MINUTES%UTHORITY%5 -7 -07 WPD -3- Li8O will be brought to the Operations and Development Committee at a later phase Staff noted that a line item of $2,000,000 is included in the Authority's FY 2006-07 budget for the radio communications system, all of which is eligible for reimbursement under PFC funding. Motion Following Staffs presentation, Commissioner Streator moved, seconded by Commissioner Yousefian, approval of the following recommendations from the Operations and Development Committee (1) Acquisition of the rights to operate two City of El Segundo frequencies from the Airport Authonty's primary repeater site in the total amount of $500,000 (2) Issuance of a purchase order to BearCom in the total amount of $121,090 70 for the acquisition and installation of radio system infrastructure equipment, including control stations, repeaters, a microwave link and related equipment and hardware, (3) Establishment of a $20,000 contingency and authorization for Staff to approve expenditures within tlus contingency amount for unforeseen conditions in the installation of the infrastructure equipment, (4) Authorization for Staff to issue a purchase order to Motorola, Inc., through its dealer, K.R Nida, for $233,609.68 for mobile and portable radios for the Operations, Maintenance and Engineering Departments and the EOC, (5) Authorization for Staff to obtain competitive quotes and to issue purchase orders to install the mobile radios at a total not -to- exceed cost of $30,000, and (6) Authorization for Staff to increase the purchase order to Cadstar, Inc., the Airport Authority's Radio Consultant, in the amount of $40,000 (from $80,000 to $120,000). MINUTESIAUTHORITYW -07 WPD -4 �I Motion Approved Following Staffs presentation and discussion, the motion was approved by the following vote- AYES Commissioners Brown, Wiggins, Lombardo Povilattis, Holden, Streator, Yousefian, Manoukian and Logan NOES: None ABSENT: None b. Skybus Airlines, Inc., In October 2006 Skybus Airlines, a new start-up air carver, Signatory Airport Use expressed its interest to provide air transportation services to Agreement, Equipment the Bob Hope Airport beginning May 22, 2007, initially Maintenance offering one nonstop flight to /from Columbus, Ohio's Port Agreement and Columbus International Airport using an Airbus A319 aircraft Electronic Kiosk Permit configured for 156 passengers Beginning June 2007 a potential second nonstop flight may be added. The proposed Skybus operation will be assigned to the gate position at A -7. Skybus seeks to lease 54 square feet of Terminal A ticket counter space and two Terminal A lobby kiosk positions. Annual revenues to the Airport Authority from the proposed Skybus operation are estimated to be $234,098. At the April 16, 2007, meeting of the Operations and Development Committee, the Committee agreed 2-0 (I absent) to recommend to the full Authority approval of the Airport Use Agreement, Electronic Kiosk Permit and Equipment Maintenance Agreement for Skybus Airlines, Inc under the terms outlined in the staff report Motion Following Staffs presentation, Commissioner Wiggins moved approval of the proposed agreements with Skybus Airlines, Inc, seconded by Commissioner Povilaitis. Motion Approved Following discussion the motion was approved by the following vote AYES Commissioners Brown, Wiggins, Lombardo, Povilaitis, Holden, Streator, Yousefian, Manoukian and Logan NOES: None ABSENT: None WNUTESWUTHORITM -7 -07 WPD -5- Q 7 6. ITEMS FOR INFORMATION a. Airline Schedule A schedule analysts reflecting equipment and operation Analysis changes for several airlines and the net effect of the changes in the 65 db CNEL impact area was included in the agenda packet for noting and filing. The schedule analysts included introduction of service from Skybus Airlines to Bob Hope Airport effective May 22, 2007 7 CLOSED SESSION The meeting recessed to closed session at 9:22 a.m. to consider the following and to confer with legal counsel regarding existing and potential litigation. a CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Subdivision (a) of Section 54956.9) 1) In the Matter of the Application Between Burbank - Glendale- Pasadena Airport Authority, Request for Variance, Before the Department of Transportation, Division of Aeronautics 2) Burbank - Glendale- Pasadena Airport Authority v T Viole Construction Co, Inc., et al, Case No ECO44361 b CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Initiation of litigation pursuant to subdivision (c) of section 54956 9 of the California Government Code (five cases) One case: Part 161 Study 2) Significant exposure to litigation pursuant to subdivision (b) of section 54956 9 of the California Government Code (seven potential cases); Facts and Circumstances (five cases): Takeback of Southwest Quadrant Leaseholds c THREAT TO PUBLIC SERVICE OR FACILITIES Consultation with Director of Secunty/Transportation Security Coordinator d PUBLIC EMPLOYEE PERFORMANCE EVALUATION 1 Title Deputy Executive Director —Development of Goals and Objectives and Implementation Performance in the Areas of Airport Development, Parking Facilities Development, Noise Mitigation and Other Environmental Programs, and Organizational Financial Performance MINUTESWUTHORITY%&7 -07 WPD -6- • The meeting reconvened to open session at 10.18 a m. with the same Commissioners present President Holden announced that no reportable action was taken in closed session. Prior to adjournment President Holden extended congratulations on behalf of the Commission to the two newly - elected Burbank City Councilmembers, Gary Bric and Anja Reinke, as well as to Marsha Ramos, the new mayor 8. ADJOURNMENT There being no further business, the meeting was adjourned at 10:19 a.m. The Commission's next regularly scheduled meeting will be on Monday, May 21, 2007, at 9.00 am f 2� A? (� Date President � - 2 1 - C' Date MINUTESAUTMORIMS-7 -07 WPD -7- '8y EL SEGUNDO CITY COUNCIL MEETING DATE- June 5, 2007 AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda AGENDA DESCRIPTION: Consideration and possible action regarding award of contracts to Tron Construction, Inc for construction related to Group 19 (29 residences) and Professional Building Contractors, Inc for construction related to Group 20 (22 residences) of the Residential Sound Insulation (RSI) Program (Estimated construction cost and retention $2,684,196) RECOMMENDED COUNCIL ACTION - 1) Award contract to Tron Construction, Inc for Group 19, 2) Award contract to Professional Building Contractors, Inc for Group 20; 3) Authorize the City Managerto execute construction contracts in a form approved by the City Attorney, and 4) Alternatively discuss and take other action related to this item BACKGROUND & DISCUSSION: On April 10, 2007 the City Clerk's office opened sealed bids for Group 19 (RSI 07 -01) of the City's Residential Sound Insulation (RSI) Program The results of the bid openings were as follows Group 19 (RSI 07 -01) 1 Tron Construction, Inc $1,192,500 00 2 Big West Construction $1,273,000 00 3 Professional Building Contractors, Inc $1,534,436 00 4 Horizons CCI Services, Inc $1,553,993 00 (Please see attached page entitled "Background and Discussion (cont ,) ") ATTACHED SUPPORTING DOCUMENTS. 1) Bidder's Proposal and Statement from Tron Construction, Inc for Group 19 2) Bidder's Proposal and Statement from Professional Building Contractors, Inc for Group 20 FISCAL IMPACT: Operating Budget $10,200,000 Amount Requested: $2,684,196 Account Number. 116 -400- 0000 -8960 Groups: 19 and 20 Appropriation Required: X Yes _ No INATED: II DATE: ay J mes S O'NeA, Pro ram Manager EVIEWE DATE- Jeff rt, City tManager 1 Ij 8J Backaround and Discussion (cont. A review was performed on the lowest bid and was determined to be responsive Tron Construction, Inc has performed construction work related to residential sound insulation programs for the City of Fresno, CA, San Jose International Airport, and San Diego International Airport, and is under contract with the City of El Segundo to perform construction related to Groups 15 an 16 of the RSI Program On May 1, 2007 the City Clerk's office opened sealed bids for Group 20 (RSI 07 -02) of the City's Residential Sound Insulation (RSI) Program The results of the bid openings were as follows Group 20 (RSI 07 -02) 1 Professional Building Contractors, Inc $1,247,678 00 A review was performed on the bid and was determined to be responsive Professional Budding Contractors, Inc successfully completed construction related to Group 3 (49 residences) and Group 10 (23 residences) of the City's RSI Program The amounts requested for the contracts are as follows Group 19 (29 residences) Tron Construction, Inc $1,311,750 Group 20 (22 residences) Professional Building Contractors, Inc $1,372,446 which represents the Total Bid amounts shown on their respective bids and an additional 10% of that Total Bid for potential change orders related to unforeseen conditions As City Council is aware, eighty percent (80 %) of costs associated with the Residential Sound Insulation Program are covered by federal grant funding from the FAA until those funds identified in the Grant Implementation Plan to the City of Los Angeles are exhausted Remaining expenses, with the exception of elective "Owner Upgrades" selected by property owners, are now covered by the new settlement with Los Angeles World Airports (LAWA) Upon completion of these five groups, the total number of residences completed by the City's RSI program will be 679 ��I 8 BIDDERS'S PROPOSAL AND STATEMENT CITY OF EL SEGUNDO, LOS ANGELES COUNTY, CALIFORNIA Project Number RSI 07 -01 "Residential Sound Insulation Program — Group 19" PROPOSAL To the Mayor and City Council City of El Segundo 350 Main St El Segundo, CA 90245 The undersigned declares that he /she has carefully examined the location of the proposed work and has otherwise satisfied himself /herself as to the nature and location of the work, and is full informed as to all conditions and matters which can in any way affect the work or cost thereof, that he /she has examined the Contract Documents, and has read the accompanying "BIDDING INSTRUCTIONS" and hereby agrees to provide the following To furnish all labor, materials, equipment, transportation, and services and to do all the work required for the "Residential Sound Insulation Program — Group 19" in strict conformity with the Contract Documents and at the following lump sum price, to Wit ID Address Description Cost Property Subtotal 1901 770 West Imperial Avenue RSI Improvements $ 33 vo/ $ 39, co / 1902 770 West Imperial Avenue RSI Improvements $ 31, 5,fs $ 3A'5-,f9-9 1903 770 West Imperial Avenue RSI Improvements $ % 76 i $ ay �� 9 1904 708 West Acacia Avenue RSI Improvements $ -5 ,3 4«7 $ '/.5 "777 Door A Upgrade $ J50 1905 901 Hillcrest Street RSI Improvements $ -e/3, i 0 i $ Grilles for Window 6 $ !00 -�13 16 50 1906 916 Dune Street RSI Improvements $ 76 $ Door A Upgrade $ Zoo REPA filter for furnace $ j %00 Grey tint at Window I $ GO -V , S/G 1907 713 Redwood Avenue RSI Improvements $ 5%3 19. $ Door A Upgrade $ X90 19 08 444 West Imperial Avenue, Unit 1 RSI Improvements $ 33, 935 $ 33 P3.5 1909 444 West Imperial Avenue, Unit 2 RSI Improvements $ 37 s' a $ 3-/&3 7 19 I—I0 444 West Imperial Avenue, RSI Improvements Bidder's Proposal and Statement Group 19 City of El Segundo Residential Sound Insulation Program i 19 11 444 West Imperial Avenue, Unit 4 RSI Improvements $,3Y $ 3 19 12 444 West Imperial Avenue, RSI Improvements Unit 5 $33, ?&6 $ 33 &F3S 19 13 444 West Imperial Avenue, Unit 6 RSI Improvements S 3-1 3=7 Z$ 3 y 3d 2 19 14 444 West Imperial Avenue, Unit 7 RSI Improvements $ 4%.3 a a2 $3-13.2.2— 1915 444 West Imperial Avenue, Unit 8 RSI Improvements $ 3-7�34Z $ 37, 3« 2 19 16 950 Loma Vista Street RSI Improvements $ dU 7-7r $ Door A Upgrade $ %O 3l. n-�;; 19 17 654 West Acacia Avenue RSI Improvements Glazing upgrade at Door A $ /aZ O 19 18 650 West Acacia Avenue RSI Improvements $ y7 J-a : $ Air Conditioning Upgrade $ % Wo 19 19 637 West Acacia Avenue RSI Improvements Door A Upgrade Air Conditioning U grade Electric Attic Vent Upgrade Low Profile Electric Exhaust Fans Upgrade $ 36, �?5 7 $ $ ^� $ S Z� $ .Z O —54 ! S 7 19 20 432 West Acacia Avenue RSI Improvements _ Door B Upgrade Door A Hardware Upgrade $ Ni d5 ri $ $ -2-50 $ 125 zip! -13rf 1921 420 East Acacia Avenue RSI Improvements $ N.7 ?//1 $ Air Conditioning Upgrade $ '7 aL del 1922 516 West Walnut Avenue RSI Improvements $ 4AV .,26.3 $ Door A Upgrade $ IoZC) /✓ ��S 1923 501 West Walnut Avenue RSI Improvements $ .3rd: 91�2 $ Air Conditioning Upgrade $ 1924 500 West Walnut Avenue RSI Improvements $ -4/9; $ Door A Glazing Upgrade $ r 25 Door A Hardware Upgrade $ %U HEPA Filter for Furnace Upgrade $ ✓? c/O4 Window 12 Upgrade $ Bidder's Proposal and Statement Group 19 City of El Segundo Residential Sound Insulation Program Co8� 19 25 900 Cedar Street, Unit 311 RSI improvements $ ,3G,- �� 3 $ 3G, PG 19 26 945 Sheldon Street RSI Improvements $ S/7 e12 6 $ "/ 7`71 Door A Upgrade $ ld5 5 Door B Upgrade $ a Zo 1927 317 East Acacia Avenue RSI Improvements $ 1928 210 West Acacia Avenue RSI Improvements $ 5U, ?75 $ GG• ,;FA:57 Door C Upgrade $ .3-2 O Door D Upgrade $ 3.24 Windows 15 -16 Upgrade Air Conditioning Upgrade $ /57,OC70 Windows 6 -8 Upgrade $ -7 a 0 HVAC ductwork to laundry room and bathroom Upgrade $ -/So 19 29 1449 East Palm Avenue RSI Improvements Total Bid (Contract Sum) y O/Je/✓i/f /•U7 cil?eAun civ / rl n��il iul© 7`4ezlfr Aici (words) as / /AOS (figures) In case of discrepancy between the words and figures, the words must prevail NOTICE: BIDDERS WILL NOT BE RELEASED DUE TO ERRORS AND ILLEGIBLE BIDS MUST BE DISQUALIFIED NOTICE: Total Bid (Contract Sum) must equal the total of Schedule of Values. If the Total Bid does not equal the total of the Schedule of Values, it is grounds for rejection of the Bid, Furthermore, inconsistencies between the Schedule of Values and the Plans for each Dwelling are grounds for rejection of the Bid Tins bid is based upon completing the work as set in the Construction Schedule published in the Contract Documents If awarded the contract for the Work, the undersigned hereby agrees to sign the contract and furnish the necessary bonds not more than ten (10) calendar days after Notice to Proceed date Enclosed is a Bidder's Bond, certified check or cashier's check, which is not less than ten percent (10 %), as a guarantee that the undersigned will enter into the contract if awarded to the undersigned The undersigned further agrees that in case of default in executing the required contract with necessary bonds and insurance, within the time limits above specified, said bonds or check and money payable therein must be fortified to and become the property of the City of El Segundo, State of California Bidder's Proposal and Statement Group 19 City of El Segundo Residential Sound Insulation Program 089 Name of Firm TRDtJ IWC, Address -2914 G- M- M "DA , FRESNO, C'.4 Qa7z-/-J Telephone Number (559) 22a- 7997- Contractor's License Number x-1331 D 7 Type of License 06455 B - &ErnJEEkL- CONTP-ACTOTZ License Expiration Date JAN u1442ij 21, Z6)09 Type of Entity 0 Sole Proprietorship 0 Partnerships Corporation 0 Other I declare under penalty of perjury that the foregoing is true and correct Contractor Representative Rcw DDN,6, os /J Title Pi2ES1DEN"f- Signature Dated this 6TH day of Aprut- , 2007 If Corporation, please attach evidence of authority to sign. Bidder's Proposal and Statement 4 City of El Segundo Group 19 Residential Sound Insulation Program 00o BIDDERS'S PROPOSAL AND STATEMENT CITY OF EL SEGUNDO, LOS ANGELES COUNTY, CALIFORNIA Project Number RSI 07 -02 "Residential Sound Insulation Program — Group 20" PROPOSAL To the Mayor and City Council City of El Segundo 350 Main St El Segundo, CA 90245 The undersigned declares that he /she has carefully examined the location of the proposed work and has otherwise satisfied himself/herself as to the nature and location of the work, and is full informed as to all conditions and matters which can in any way affect the work or cost thereof, that he /she has examined the Contract Documents, and has read the accompanying "BIDDING INSTRUCTIONS" and hereby agrees to provide the following. To famish all labor, materials, equipment, transportation, and services and to do all the work required for the "Residential Sound Insulation Program — Group 20" in strict conformity with the Contract Documents and at the following lump sum price, to Wit ID Address Description Cost Property Subtotal 20 01 929 Dune Street RSI Im rovements $ $ 13 190 Door C Upgrade 0-3 Door D Upgrade /,403 Door E U ade 20 02 839 Dune Street RSI Improvements $ $ BOO v3�O Window grill U de Door A glass Upgrade 20 03 741 West Sycamore Avenue RSI Im rovements $ o0,0 0 $ 60 0 ?0 20 04 935 Hillcrest Street RSI Improvements $ .4,yie- $ Z 20 05 913 Hillcrest Street RSI Improvements $ Door A Upgrad e $ d Window tmt Upgrade $ 2006 855 Hillcrest Street RSI Improvements $ !p $� Window glass Upgrade $ ;30$ Door A glass Upgrade $ Door C Upgrade $ 2 Door D Upgrade $ 2.42Z 20 07 656 West Acacia Avenue RSI Improvements $ 0 1 $ Door A glass U gTade $ 463 Bidder's Proposal and Statement Group 20 City of El Segundo Residential Sound Insulation Program t>!) t 20 08 646 West Acacia Avenue RSI Improvements $ / $51)472 Door A hardware Upgrade z�( Air Conditioning Upgrade 5! '�50 20 09 646 %2 West Acacia Avenue RSI Improvements $ Air Conditioning Upgrade 25D 2010 631 West Acacia Avenue RSI Improvements $ so, Z $ 50,;32 2011 627 West Acacia Avenue RSI Improvements $' $ 2012 628 West Acacia Avenue RSI Improvements $ $ Door B Upgrade / Door B grill Up a Garage window Upgrade A ro HEPA filter Upgrade 20 13 649 West Walnut Avenue RSI Improvements $ 6 r $ tol7 '�'.`Z�S' Air Conditioning Upgrade S 20,15 855 Loma Vista Street RSI Improvements $ `�O-,,T± Door B glass Upgrade 2016 512 West Walnut Avenue RSI Improvements $ Door C Upgrade 3al Door A hardware Upgrade Air Conditioning Upgrade $Q 20 17 942 Virginia Street RSI Improvements $ ��//� p $ 3 4 Door C hardware Upgrade Air Conditioning Upgrade $ (�0 2018 316 West Acacia Avenue RSI Improvements $ Lit. $ (P Air Conditioning Upgrade $ 20 19 224 West Acacia Avenue RSI Improvements $ p $ Door C grills Upgrade_ $ Door C glass Upgrade $ ^� Air Conditioning Upgrade $ ro 2020 1112 East Acacia Avenue RSI Improvements $ $ (pq Air Conditioning Upgrade $ %Ojp 2021 418 East Imperial Avenue, A RSI improvements $-46, $ 6 20 22 418 East Imperial Avenue, B RSI Improvements $ 33 $ Bidder's Proposal and Statement Group 20 1% 2 City of El Segundo Residential Sound Insulation Program � 9 2 Total Bid (Contract Sum) OA/E All j.10Af 7"ulb ffuAf -DREP f0tirry S59VW 7'kbkU 4D (words) eSIX u ;)REE> E y- 45 tGrfr (figures) In case of discrepancy between the words and figures, the words must prev arI NOTICE: BIDDERS WILL NOT BE RELEASED DUE TO ERRORS AND ILLEGIBLE BIDS MUST BE DISQUALIFIED NOTICE: Total Bid (Contract Sum) must equal the total of Schedule of Values. If the Total Bid does not equal the total of the Schedule of Values, it is grounds for rejection of the Bid. Furthermore, inconsistencies between the Schedule of Values and the Plans for each Dwelling are grounds for rejection of the Bid This bid is based upon completing the work as set in the Construction Schedule published in the Contract Documents If awarded the contract for the Work, the undersigned hereby agrees to sign the contract and furnish the necessary bonds not more than ten (10) calendar days after Notice to Proceed date Enclosed is a Bidder's Bond, certified check or cashier's check, which is not less than ten percent (10 %), as a guarantee that the undersigned will enter into the contract if awarded to the undersigned The undersigned further agrees that in case of default in executing the required contract with necessary bonds and insurance, within the time hunts above specified, said bonds or check and money payable therein must be fortified to and become the property of the City of El Segundo, State of California Name of Firm Professional Building 09ntractors, Inc. Address 125 Sheldon St, El $mjndo. CA 90245 Telephone Number 310 - 524 -0580 Contractor's License Number- 765663 Type of License License Expiration Date Class B 7/31/07 Type of Entity ❑ Sole Proprietorship ❑ Partnership ® Corporation ❑ Other I declare under penalty of perjury that the foregoing is true and correct Bidder's Proposal and Statement 3 City of El Segundo Group 20 Residential Sound Insulation Program C- 9:), Contractor Representative Title Richardi. wiuiaas President Signature � t, Dated this 1st day of Ihy 2007 If Corporation, please attach evidence of authority to sign. Bidder's Proposal and Statement Group 20 4 City of El Segundo Residential Sound Insulation Program (194 EL SEGUNDO CITY COUNCIL AGENDA ITEM STATEMENT AGENDA MEETING DATE: June 5, 2007 AGENDA HEADING: Consent Agenda Consideration and possible action regarding the approval of the examination plan for the Personnel Merit System job classification of Office Specialist II (Fiscal Impact None) RECOMMENDED COUNCIL ACTION. 1) Approve the examination plan, 2) Alternatively, discuss and take other action related to this item BACKGROUND & DISCUSSION Section 1 -6 -9 of the El Segundo Municipal Code, entitled "Examinations ", provides that the Personnel Officer shall review and recommend to the City Manager, who in turn shall recommend to the City Council, an appropriate examination plan and weights for each portion of the examination for Personnel Merit System job classifications Approval of exam plans for Merit System job classifications in all City Departments has been required since the passage of initiative Ordinance No 586 in April 1962 (continued on next page) ATTACHED SUPPORTING DOCUMENTS: None FISCAL IMPACT: None Operating Budget. Amount Requested Account Number: Various Project Phase: Appropriation Required _ Yes X NO ORIGINATED BY DATE May 29, 2007 i Robert Hyland, Interim ctor of Human Resources DATE: 1 City Manager Agenda 557 13 0 .9 5 BACKGROUND & DISCUSSION: For departments other than the Police and Fire Departments, the plan may consist of any one or combination of the following techniques 1 Written, 2 Oral, 3 Demonstration, 4 Any evaluation of education, experience, or skills or physical fitness, which fairly evaluated the relative capacities of the applicants Police and Fire Departments The examination plan, for entrance or promotional, for the Police and Fire Departments, shall consist of a written examination and one or more of the following 1 Oral, 2 Demonstration, 3 Any evaluation of education certification, experience, or skills or any test of manual skills or physical fitness, which fairly evaluates the relative capacities of the applicant The previous examination plan for Office Specialist II contained a multiple choice written test, scored on a pass /fail basis, and was utilized to fill a vacant position in the Fire Department The proposed examination plan deletes the multiple choice written test and will be utilized to fill Office Specialist II vacancies in departments other than Police and Fire, beginning with a position in the Planning and Building Safety Department created as a result of the incumbent's promotion to Senior Administrative Specialist Office Specialist II (Open- Competitive) Structured Technical and Career Preparation Interview 100% t'96 EL SEGUNDO CITY COUNCIL MEETING DATE. June 5, 2007 AGENDA ITEM STATEMENT AGENDA HEADING: New Business AGENDA DESCRIPTION: Consideration and possible action to retain Tony Rice to provide legislative advocacy services in Sacramento through September 30, 2007 (Fiscal Impact $6,000) RECOMMENDED COUNCIL ACTION 1) Authorize the City Manager to execute an agreement, in a form approved by the City Attorney, with Tony Rice to provide legislative advocacy services in Sacramento through September 30 2007, 2) Alternatively, discuss and take other action related to this item BACKGROUND & DISCUSSION* Over the past two years, it has become apparent that actions taken by the Legislature and Governor's Office in Sacramento are having an increased impact on local governments Accordingly, the City has taken positions supporting and opposing various pieces of legislation, including the City's current stand on AB 640 (De La Torre) Other items of interest is the ongoing Legislative push to mandate local incentives for affordable housing, increase opportunities for second -unit or "granny flat" units in traditional single - family neighborhoods and the recent push to redistribute Prop 42 fund allocations to cities Due to the complexity of and the number of pending legislative issues that face the City at this time, it is important that our interests be fully covered and represented at all times in Sacramento Over the last several years, staff has given significant thought about the efficacy of obtaining legislative representation in Sacramento Accordingly, I have attached a proposal from Tony Rice indicating his willingness to provide such services to the City for the sum of $1,500 /month for the remainder of the FY 2006/2007 fiscal year Mr Rice would represent the City's interests in Sacramento, including current and future legislation, the State budget process, and working the Department of Transportation in obtaining funding for local infrastructure projects (Please see attached page marked "Background and Discussion ") ATTACHED SUPPORTING DOCUMENTS: Proposal from Tony Rice for legislative representation and advocacy services FISCAL IMPACT, $6,000 Operating Budget. $85,380 Amount Requested- $6,000 Account Number: 001 - 400 - 2101 -6214 Project Phase: Appropriation Required _Yes _ No 1W A7 Background and Discussion South Bay COG ends an agreement with Mr Rice Mr Rice currently represents the cities of Manhattan ffrecomme recommends and Id b ier, independent Cities As potential budgetary and and the which time his servic services, p evaluated wit through September 30, 2007 during representation in respect alifornia cities, the retention of effective ect to the value of the services rendered to the City legislative impacts facing prudent decision ear to be a p legislative Sacramento would appear Isis to ensure that they achieve community 9 cues retain contract lobby capitol helps a shative more vocacy firms like Many resentation at the state objectives Contract rour own legislative activities alone lators and their staffs in accomplished through islators' offices and hearing have much more frequent access to leg Mr Rice's have staff who can outreach directly to legislators on behalf of the city' Sacramento They can provide valuable testimony with more legislators and their staffs than a proceedings where they ularl on behalf of a They also have established relationships ice they see them reg Y individual councilmember or staff can, multitude of clients legislative issues which represents 478 member cities of all sizes an deadlocked or `going neutral' on leg those cities The League of California Cdies, interests, frequently finds itself being can't arrive at consen on issues unheard suet, case when their leadership Isis find their voices going without contract lobby firms that specialize in municipal pool of legislative advocacy resenting small and mid -sized cities There is a small p a few that specialize in representing Rice's firm included a sound representation and only mid good credentials, a solid track reoonted with off cials, perience in state s Cntiena that was taken into consideration in selecting for city projects, and reputation and g rant financing municipalities, ability to access elected an appointed government processes, ab�untc'ipal issues h acquiring g a broad understanding 138 05/20/2007 22 51 19164929527 May 25, 2007 El Segundo City Council C/O Mr. Jeff Stewart City Manager City of El Segundo 350 Main Street El Segundo, CA 90245 PAGE 02/04 RicelEnglander t5 Associates RE: PROPOSAL FOR LEGISLATIVE REPRESENTATION Dear Council Thank you for your interest in contracting with my firm, Rice/Englander & Associates, to represent the City regarding AB 640 (De La Torre) Per your request, the following contains background information on our firm and why I believe we would be a good fit for your endeavors i am always available via telephone, email, fax or in person conversation should you choose to seek additional information Why Rice/Englander & Associates? Rice/Englander & Associates is a Sacramento based lobbying firm with an impressive record of successful advocacy for clients across a wide spectrum of issues Founded by seasoned Sacramento Lobbyist Tony Rice this firm brings to the table decades of experience in driving California policy and politics Rice/Englander & Associates does one thing really well. IT WINS. Managing Partner Tony Rice brings a vast experience in the California Legislative arena Some of the examples of his numerous successes include - Successfully represented the California Transit Association through the initiative process resulting in the successful passage of Proposition 42, which annually appropriates more than $14 billion for transportation investment - Spearheading the Sacramento effort for the Independent Cities Association to defeat AB 2702 (Steinberg), a bill that would have removed local discretion in approving second -unit housing Holding up passage of the State Budget for seven hours on the Assembly Floor so that a client could get resolution on an issue that otherwise would have devastated their industry MAY -29 -2007 12 29 19164929527 i 1730 L 54 vA, Su,U. 3 444 gvIAMA1110, (A 9t1111 T•.I¢Dhone OaY, 4�Z 9512 fq�hmJa 91( -19) 9U7 96% P 02 95/28/2907 22.51 19164929527 PAGE 93/94 Tony's government sector experience is equally impressive having served as consultant to the Assembly Appropriations Committee under then Chair Carole Migden He also served as key staff to U S Congressman Robert Matsui and Bill Lockyer when he was State Senate President Pro Tempore. Rice/Englander & Associates clients benefit greatly from Tony's experience, drive and winning results Executives and Elected officials alike are impressed with the firm's professionalism and ability to create winning strategies. Current Client List Rice/Englander & Associates currently represents the following organizations • South Bay Cities COG • City of Manhattan Beach • City of Whittier • Independent Cities Association • Downey Regional Medical Center Rice/Englander & Associates prides itself in providing comprehensive support, counseling and advocacy to all its clients. We ensure that our cfforts are completely and totally committed to the clients we Have so you never have to worry about whether our time is focused on your issues, or the ten, twenty or more clients some other firms may struggle with References In addition to the fact that ell our clients would be more than willing and able to provide a solid source of reference as to our professionalism and quality of work, Assemblymember Ted Lieu (AD 53), is a close friend and would also be available to discuss our service record for those organizations in his district Why Rice/Englander & Associates for AB 640? In addition to out close friendship with Assemblymember Ted Lieu, we have excellent working relationships with all legislators and their staffs in Sacramento, including Assemblymember Hector De La Torre As you will notice from our client list, Downey Regional Medical Center is a long standing client and we have worked with Mr. De La Torre very closely to support efforts that would help the hospital, which resides in his Assembly District. As an aside, but no less substantial, Tony Rice went to college with the lead staffer working the bill for the Assemblymember and considers her a friend In fact, she was very helpful in facilitating a conference call on this bill between herself, the City of Manhattan Beach, the City of Torrance and Tony Rice, at Mr. Rice's request, as Tony has already been involved in the background and issues surrounding this important legislation on behalf of Manhattan Beach 100 MPY -29 -2007 12 29 19164929527 96%1 P 03 05/29/2007 22 51 19164929527 We also have a very good relationship with the Governor's Office and his staff (the Governor's Legislative Secretary, Mr Chris Kahn, is a good friend) so you can rest assured that your interests will be well represented throughout floe entire legislative process. Tee PAGE 04/04 Rice/Englander & Associates would charge a flat monthly fee of $1,500 00 per month to represent the City of 131 Segundo on this issue. Point of Contact Tony Rice will be the sole and primary contact for the City regarding this undertaking, so you are assured that the Managing Partner will always be completely and fully engaged to represent the best interest of the City Next Steps Should you decide that Rice/Englander & Associates is the right firm at the right time for this important undertaking we would welcome the opportunity to discuss a winning strategy that ensures AB 640 would do no harm to the City Sincerely, 4� Tony Rice Managing Partner Rice/Englander & Associates MAY -29 -2007 12 29 19164929527 96% 101 P 04 EL SEGUNDO CITY COUNCIL MEETING DATE: June 5, 2007 AGENDA ITEM STATEMENT AGENDA HEADING: City Clerk AGENDA DESCRIPTION. Consideration and possible action regarding cancellation of the July 3, 2007 City Council Meeting COUNCIL ACTION: 1) Approve cancellation of the July 3, 2007 City Council Meeting 2) Alternatively, discuss and take other action related to this item BACKGROUND & DISCUSSION- In the past, the City Council has cancelled one meeting in July due to conflicts in schedules It is requested that Council approve the cancellation of the July 3, 2007 regularly scheduled meeting ATTACHED SUPPORTING DOCUMENTS None FISCAL IMPACT: None is A. I) ?