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2007 JUN 05 - CC PACKETN h R I T
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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
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NF RIf
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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
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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
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ATTACHMENT N 1
RECREATION PARK SOFTBALL FIELD
AND
TREES ALONG AND OUTSIDE THE RIGHT FIELD FENCELINE
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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.
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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
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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`
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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
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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) ?