2007 JUN 19 - CC PACKET�y
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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
onor to the meeting and thev do not exceed five (5) minutes in lenath
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this
meeting, please contact City Clerk, 524 -2305. Notification 48 hours prior to the meeting will enable the City to
make reasonable arrangements to ensure accessibility to this meeting
REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, JUNE 19, 2007 - 5:00 P.M.
Next Resolution # 4510
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
SPECIAL ORDER OF BUSINESS:
Consideration and possible action to appoint the City Attorney as labor negotiator
regarding the terms and conditions of the City Manager's employment contract.
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2. Consideration and possible action to appoint the City Manager as labor negotiator
for terms and conditions of employment of unrepresented managementl
confidential employees (City employees who are not members of bargaining
units).
CLOSED SESSION:
The City Council may move into a closed session pursuant to applicable law, including the Brown Act (Government
Code Section §54960, et sue) for the purposes of conferring with the City's Real Property Negotiator, andlor
conferring with the City Attorney on potential andlor existing litigation, andlor discussing matters covered under
Government Code Section §54957 (Personnel), andlor conferring with the City's Labor Negotiators, as follows
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Gov't Code §54956 9(a)) - 2
matters
1 City of El Segundo vs City of Los Angeles, et al LASC No BS094279
2 Solomon vs City of El Segundo LASC No BC372401
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 - EVALUATION OF PUBLIC EMPLOYEE (Gov't Code
§54957) -1- matter Position City Manager
CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957 6) -2- matter
1 Labor Negotiator Jeff Stewart, City Manager
Unrepresented Employees Management/Confidential Employees (all City Employees who are not
members of bargaining units)
2 Labor Negotiator Mark Hensley, City Attorney
Unrepresented Employee Jeff Stewart, City Manager
CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956 S) -0- matter
SPECIAL MATTERS: -1- matter
1 Interview of candidates and potential appointments to the Recreation and Parks Commission, Planning
Commission, Library Board of Trustees, Senior Citizen Housing Corporation Board and Investment Advisory
Committee (Note the interviews will commence at approximately 5 45 p m and take place in the Council
Conference Room located adjacent to the Council Chambers I
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AGENDA
EL SEGUNDO CITY COUNCIL
COUNCIL CHAMBERS - 350 Main Street
The City Council, with certain statutory exceptions, can only take action upon properly posted and listed agenda items
Unless otherwise noted in the Agenda, the Public can only comment on City- related business that is within the
jurisdiction of the City Council and/or items fisted 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 thev do not exceed five (5) minutes in lenath
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this
meeting, please contact City Clerk, 524 -2305. Notification 48 hours prior to the meeting will enable the City to
make reasonable arrangements to ensure accessibility to this meeting.
REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, JUNE 19, 2007 - 7:00 P.M.
7:00 P.M. SESSION
CALL TO ORDER
INVOCATION — Pastor Brandon Cash, Oceanside Christian Fellowship
PLEDGE OF ALLEGIANCE — Councilmember Jim Boulgandes
Next Resolution # 4510
Next Ordinance # 1406
1 03
PRESENTATIONS -
a Proclamation by the Mayor and Members of the City Council proclaiming Saturday, June 23,
2007 as Super CPR Saturday to encourage participation in Cardio- Pulmonary Resuscitation
training
b Proclamation by the Mayor and Members of the City Council proclaiming July as Parks &
Recreation Month
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
Consideration and possible action regarding the review of surrounding agency
graffiti abatement policies and consideration of a graffiti abatement policy for the
City of El Segundo. (Fiscal Impact: None)
Recommendation - (1) Receive and file a report regarding graffiti abatement policies of
surrounding agencies for possible implementation in the City of El Segundo, (2)
Alternatively discuss and take other action related to this item
4 uu4
2. Consideration and possible action regarding the approval of an amendment to the
existing Memorandum of Understanding for increased grant funding and approval
of Contract Change Orders in conjunction with the Douglas Street Gap Closure
Project. (Fiscal Impact: $390,675 in Change Orders and $5,380,500 in additional
grant funding.
Recommendation — (1) Authorize the City Manager to execute an amendment to
MOU /LOA P0006330[CFP #6330] in a form as approved by the City Attorney to provide
additional grant funding in the amount of $5,380,500, (2) Appropriate grant funding in the
amount of $5,380,500 to the Douglas Street Gap Closure Project, (3) Authorize the
Director of Public Works to execute Change Order Numbers 10 -1, 18, 19, 20, 21 and 22
to the existing Public Works Agreement with SEMA Construction, Inc , in the total amount
of $390,675, and (4) Alternatively discuss and take other action related to this item
D. REPORTS OF COMMITTEES, BOARDS AND COMMISSIONS
3. Consideration and possible action regarding the announcement of the appointment
of candidates to the Recreation and Parks Commission, Planning Commission,
Library Board of Trustees and Senior Citizen Housing Corporation Board, and
postponing interviews for Investment Advisory Committee, Community Cable
Advisory Committee and Capital Improvement Program Advisory Committee until
October 16, 2007.
Recommendation — (1) Announce the appointees to the Recreation and Parks
Commission, Planning Commission, Library Board of Trustees, Senior Citizen Housing
Corporation Board, if any, (2) Postpone interviews of Investment Advisory Committee,
Community Cable Advisory Committee and Capital Improvement Program Advisory
Committee until October 16, 2007, and (3) 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 2559965 to 2560188 on Register No. 17 in the total amount of
$1,441,876.79 and Wire Transfers from 5125107 through 617107 in the total amount of
$937,504.07.
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 June 5, 2007.
Recommendation — Approval
5 005
6. Consideration and possible action regarding the award of contract to Palp, Inc.,
DBA Excel Paving Company for the reconstruction of Virginia Street between
Sycamore Avenue and Maple Avenue to enhance drainage — Approved Capital
Improvement Program — Project No. PW 07 -04. (Fiscal Impact: $86,993)
Recommendation — (1) Authorize the City Manager to execute a standard Public Works
Contract in a form as approved by the City Attorney with Excel Paving Company, in the
amount of $86,993 00 for construction of the Virginia Street Improvements, and (2)
Alternatively discuss and take other action related to this item
7. Consideration and possible action regarding approval of an Amendment No. 1 to a
Memorandum of Understanding (MOU) between City of El Segundo and the Los
Angeles County Metropolitan Transportation Authority (MTA) setting the terms and
conditions to increase the amount of grant funding to $3,250,000 for the Nash
Street/Douglas Street One -Way to Two -Way Street Conversion Project and
approval of a expenditure of Traffic Mitigation fees of $1,750,000 to cover the
required 35% local match. METRO MOU No. P0008079 (Fiscal Impact: MTA Grant
Revenue of $3,250,000 and Traffic Mitigation fees $1,750,000)
Recommendation — (1) Approve Amendment No 1 to Memorandum of Understanding; (2)
Authorize the City Manager to execute the Amendment No 1, approved as to form by the
City Attorney, (3) Approve expenditure of Traffic Mitigation fees in the amount of
$1,750,000 to cover the required 35% local match, and (4) Alternatively discuss and take
other action related to this item
8. Consideration and possible action regarding adoption of a resolution amending
Resolution No. 4162 restricting parking on Coral Circle from 10:00 p.m. to 5:00 a.m.
(Fiscal Impact: $2,000, sign installation cost)
Recommendation — (1) Adopt a resolution amending Resolution No 4162 restricting
parking on Coral Circle from 10 00 p m to 5 00 a m , and (2) Alternatively discuss and
take other action related to this item
9. Consideration and possible action regarding approval of an amendment to a
Pipeline License Agreement (Contract 2478) with Air Products Manufacturing
Corporation to extend the length of pipelines in Kansas Street (377 additional feet)
and Grand Avenue (168 additional feet) to provide nitrogen, hydrogen and
compressed air service to facilities operated by International Rectifier Corporation
at 1521 Grand Avenue per Environmental Assessment No. 751 and Smoky Hollow
Specific Plan Review No. 07 -03 as approved by the Planning Commission. (Fiscal
Impact: $5,400, annual license fee)
Recommendation — (1) Approve an amendment to the Pipeline License Agreement
(Contract 2478) with Air Products Manufacturing Corporation in a form as approved by the
City Attorney to extend the length of pipelines in Kansas Street (377 additional feet) and
Grand Avenue (168 additional feet) to provide nitrogen, hydrogen and compressed air
service to facilities operated by International Rectifier Corporation at 1521 Grand Avenue
per Environmental Assessment No 751 and Smoky Hollow Specific Plan Review No 07-
03 as approved by the Planning Commission, and (2) Alternatively discuss and take other
action related to this item
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10. Consideration and possible action to accept a cash contribution from Chevron
Products Company, donated to the El Segundo Fire Department in support of
Super CPR Saturday (Cardio- Pulmonary Resuscitation; $1,000) and Suppression
Training ($3,056.45). (Fiscal Impact: $4,056.45)
Recommendation — (1) Accept donations and authorize the City Manager to transfer the
monies into the CPR General Fund account and Suppression Training account, (2)
Alternatively discuss and take other action related to this item
11. Consideration and possible action to approve the use of the City of El Segundo
logo and vehicle graphics of the El Segundo Fire Department on a new special
edition "Hot Wheels" die -cast replica toy fire vehicle, to be designed and produced
by Mattel, Inc. Fiscal Impact: None
Recommendation — (1) Authorize the City Manager to execute a License Agreement with
Mattel, Inc, in a form approved by the City Attorney, to allow the use of the City of El
Segundo logo and vehicle graphics of the El Segundo Fire Department for production of
die -cast replica toy fire vehicles, (2) Alternatively discuss and take other action related to
this item
12. Consideration and possible action regarding adoption of a resolution amending
Resolution No. 4499 per the Board of Administration of the Public Employees'
Retirement System (PERS). The amendment revises the Resolution to be
consistent with the City's PERS (Public Employees Retirement System) reporting
requirements regarding the Employer Paid Member Contribution (EPMC). (Fiscal
Recommendation — (1) Adopt Resolution amending Resolution No 4499, (2) Alternatively
discuss and take other action related to this item
13. Consideration and possible action regarding adoption of a resolution appointing
the Mayor, City Manager, or designee to serve as board member, alternate board
member and substitute alternate board member on the Independent Cities Risk
Management Association ( ICRMA) government board.
Recommendation — (1) Adopt Resolution appointing Mayor Kelly McDowell as the ICRMA
primary governing board member and City Manager Jeff Stewart as the alternate
governing board member, (2) Alternatively discuss and take other action related to this
item
7 GO
14. Consideration and possible action regarding a new Alcoholic Beverage Control
(ABC) license for on -site sale and on -site consumption of alcohol (Type 41 — On-
Sale Beer and Wine) at a new restaurant located at 225 Richmond Street, EA No.
747 and AUP No. 07 -04. Applicant: Neil Cadman
Recommendation — (1) Receive and file a determination that the City Council does not
protest the issuance of a new Type 41 ABC license at 225 Richmond Street, (2)
Alternatively discuss and take other action related to this item
15. Consideration and possible action to adopt plans and specifications for the Nash
Street/Douglas Street One -Way to Two -Way Street Conversion Project. Approved
Capital Improvement Program. Project No. PW 07 -09. (Fiscal Impact: MTA Grant
Revenue of $3,250,000 and Traffic Mitigation fees $1,750,000)
Recommendation — (1) Approve plans and specifications, (2) Authorize staff to advertise
the project for receipt of bids, and (3) Alternatively discuss and take other action related to
this item
16. Consideration and possible action regarding the acceptance of a $5,000 donation
from the Continental Development Corporation for the Girl Scout House Camp
Eucalyptus. (Fiscal Impact: Acceptance of the $5,000 donation)
Recommendation — (1) Accept $5,000 donation from the Continental Development
Corporation for the Girl Scout House Camp Eucalyptus, (2) Alternatively discuss and take
other action related to this item
CALL ITEMS FROM CONSENT AGENDA
F. NEW BUSINESS
G. REPORTS — CITY MANAGER
H. REPORTS — CITY ATTORNEY
REPORTS — CITY CLERK
J. REPORTS — CITY TREASURER
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K. REPORTS — CITY COUNCIL MEMBERS
Council Member Fisher -
Council Member Jacobson —
Council Member Boulgarides —
17. Consideration and possible action regarding development of environmental and
energy efficiency policies related to the purchase, operation and maintenance of
City-owned vehicles, equipment and infrastructure. (Fiscal Impact: None)
Recommendation — (1) Consider development of environmental and energy efficiency
policies related to the purchase, operation and maintenance of City -owned vehicles,
equipment and infrastructure and receive and file a report related to energy efficiency
measures implemented by the City, and (2) Alternatively discuss and take other action
related to this item
Mayor Pro Tern Busch -
Mayor McDowell —
PUBLIC COMMUNICATIONS — (Related to City Business Only — 5 minute limit per person, 30
minute limit total) Individuals who have receive value of $50 or more to communicate to the City Council on
behalf of another, and employees speaking on behalf of their employer, must so Identify themselves prior to
addressing the City Council Failure to do so shall be a misdemeanor and punishable by a fine of $250 While all
comments are welcome, the Brown Act does not allow Council to take action on any item not on the agenda The
Council will respond to comments after Public Communications is closed
MEMORIALS —
CLOSED SESSION
The City Council may move into a closed session pursuant to applicable law, including the Brown Act (Government
Code Section §54960, It sue) for the purposes of conferring with the City's Real Property Negotiator, and /or
conferring with the City Attorney on potential and /or existing litigation, and /or discussing matters covered under
Government Code Section §54957 (Personnel), and /or conferring with the City's Labor Negotiators
REPORT OF ACTION TAKEN IN CLOSED SESSION (if required)
ADJOURNMENT
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POSTED j U,7
DATE
TIME J` v
NAME
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rortaatton c 1tp of el *tguubo, califoruta
WHEREAS, Over sixty million Americans have cardiovascular disease and over one million people die
from the disease annually, and each year three hundred thousand Americans have
cardiovascular emergencies
WHEREAS, Ninety -live percent of Americans who suffer cardiovascular emergencies die before
reaching an emergency room, and the rate of survival increases dramatically when a family
member, friend or bystander can immediately start Cardio- Putmonary Resuscitation
( "CPR ")
WHEREAS, The El Segundo Fire Department and the American Red Cross have historically provided
exemplary emergency medical care and training, and continue this tradition of excellence
with SUPER CPR SATURDAY.
WHEREAS, The SUPER CPR SATURDAY event has trained over 3,000 people in the greater
South Bay Area over the past decade to be better prepared for cardiovascular emergencies
and to mitigate the life - threatening impacts of sudden cardiac arrest
WHEREAS, El Segundo High School provides a critical element of success for the event by allowing
use of the school's facilities to accommodate the training of over 300 people
WHEREAS, SUPER CPR SATURDAY receives generous financial and in -kind support from our
corporate and service club sponsors (Chevron, DIRECTV, Raytheon, IHOP, McDonalds)
that enables this valuable community event to be held
NOW, THEREFORE, the Mayor and the Members of the City Council of the City of El Segundo,
California hereby encourage participation in CPR training and proclaim Saturday, June 23, 2007, from
8 00 a m. to 2 00 p in, as SUPER CPR SATURDAY. Adhl�
011
roc[arrration
Cap of et *rgunbo, California
WHEREAS, the National Recreation & Parks Association (NRPA) and the California Park &
Recreation Society (CPRS) have chosen to celebrate July as Parks & Recreation Montk, and
WHEREAS, in El Segundo, California, we are fortunate to have a variety of recreation programs,
parks and recreation facilities, providing countless opportunities for residents to recreate, and
WHEREAS, our parks help preserve and protect our natural resources, preserve our urban forests,
offer pleasant surroundings for relaxation, leisure activities, and positive recreational experiences,
and
WHEREAS, recreation and parks programs reach thousands of young children, youth and teens,
adults, and seniors, who benefit through participation in a multitude of programs, at a variety of
different types of parks and recreation facilities, and
WHEREAS, by creating community through people, parks, and programs, parks and recreation
strengthens community unity, community image, and our sense of belonging, and
WHEREAS, recreation and parks programs provide positive alternatives for youth, involving them
in enrichment and learning activities that foster positive development and help them grow into
healthy and productive adults, and
WHEREAS, recreation and parks programs teach and contribute to the health and wellness of all,
promoting active lifestyles and helping to provide an overall improved quality of life for everyone,
and
NOW, THEREFORE, the Mayor and members of the City Council of the City of El Segundo,
California, do hereby proclaim July 2007 as Parks & Recreation Monik, and urge all El Segundo
residents to enjoy, recognize, and help promote the benefits derived from quality recreation and
park experiences, which provide something of value to everyone.
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EL SEGUNDO CITY COUNCIL MEETING DATE. June 19, 2006
AGENDA ITEM STATEMENT AGENDA HEADING Unfinished Business
AGENDA DESCRIPTION
Consideration and possible action regarding the review of surrounding agency graffiti
abatement policies and consideration of a graffiti abatement policy for the City of El
Segundo (Fiscal Impact = None)
RECOMMENDED COUNCIL ACTION-
(1) Receive and file a report regarding graffiti abatement policies of surrounding agencies
for possible implementation in the City of El Segundo (2) Alternatively discuss and take
other action related to this item
BACKGROUND & DISCUSSION:
In late April and May 2007, several significant graffiti incidents occurred The extent of
these incidents was greater than experienced in recent years Significant resources were
expended to abate the graffiti
(Background and Discussion continued on the next page....)
ATTACHED SUPPORTING DOCUMENTS.
None
FISCAL IMPACT
FISCAL IMPACT
Operating Budget
NA
Amount Requested
NA
Account Number
NA
Project Phase
NA
Appropriation Required
No
ORIGINATED BY DATE.
Ste a Finton, erector of Public Works
DATE
Man
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BACKGROUND AND DISCUSSION (CONTINUED):
The City of El Segundo presently abates graffiti with in -house staff The municipal code is
presently silent on graffiti abatement and enforcement On May 15, 2007, Councilmember
Jacobson requested that staff review graffiti policies of surrounding agencies for possible
implementation in the City of El Segundo Staff contacted the agencies listed below to
review their policies and anti - graffiti measures The following is a summary of measures
employed by these agencies
NM = no response
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Hotline
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Online Reporting
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Incident log
costs /hours
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In -house abatement
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Dedicate in- house
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abatement staff
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Contract abatement
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abatement
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City abates on private
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surfaces
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Public Outreach
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Pro ram
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Ordinance for
Restitution
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Reward Program
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NM = no response
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EL SEGUNDO CITY COUNCIL MEETING DATE- June 19, 2007
AGENDA ITEM STATEMENT AGENDA HEADING: Unfinished Business
AGENDA DESCRIPTION:
Consideration and possible action regarding the approval of an amendment to the existing
Memorandum of Understanding for increased grantfundmg and approval of Contract Change
Orders in conjunction with the Douglas Street Gap Closure Project (Fiscal Impact= $390,675
in Change Orders and $5,380,500 in additional grant funding)
COUNCIL ACTION.
Recommendation - (1) Authorize the City Manager to execute an amendment to MOU /LOA
P0006330[CFP# 63301 in a form as approved by the City Attorney to provide additional grant
funding in the amount of $5,380,500, (2) Appropriate grant funding In the amount of
$5,380,500 to the Douglas Street Gap Closure Project, (3) Authorize the Director of Public
Works to execute Change Order Numbers 10 -1, 18 ,19, 20, 21 & 22 to the existing Public
Works Agreement with SEMA Construction, Inc in the total amount of $390,675, and, (4)
Alternatively discuss and take other action related to this item
BACKGROUND & DISCUSSION.
On June 21, 2005, the City entered into a Public Works Agreement in the amount of
$19,939,025 with SEMA Construction, Inc for construction of the Douglas Street Gap Closure
Project City Council also authorized a construction contingency in the amount of 10% of the
contract amount ($1,923,903) for additional work required due to potential unforeseen
conditions
(Please see
ATTACHED SUPPORTING D
Discussion" on follows
Amendment to MOU /LOA P0006330[CFP #6330]
FISCAL IMPACT:
Capital Improvement Program.
Operating Budget
Amount Requested,
Account Number.
Project Phase:
!red
$1,923,900 (contingency)
$390,67500
301 - 400 - 8203 -8949 ($37,923,550)
Construction
Yes ($5,380,500 in grant funds
ORIGI AT ,l1 DATE' / �� 07
S ve Finton Director of Public Works Cv
REZa rt, Y. DATE:
2
Je City Manager
015
BACKGROUND & DISCUSSION- (continued) Page 2 of 7
Status
Construction has been underway since November 28, 2005 Below is a status of the
completion of the main elements of the project
Item of Work
% Complete
Edison Electrical System
90%
Oil Line relocations Shell /Crimson
100%
ExxonMobil
100%
Pacific Pipeline
100%
AT &T Relocation
80%
Storm Drains
90%
City Water Mains
70%
County Water Main
100%
Excavation for roadway
50%
Retaining Walls for Roadway
50%
Pedestrian Bride
100%
Railroad Bride
100%
Shoofly
100%
Transit Center Parking Lot
80%
Traffic Signal
50%
Street Lighting
10%
Payment and Grant Reimbursement status
Payments to Contractor Contract amount Paid to Date
Grant Reimbursements Grant Amount Reimbursement Requests
Submitted to Date
Metropolitan Transportation $9,233,000 $8,897,747 00
Authority MTA) Grant
Federal Transit Administration $2,079,661 $1,148,302 00
FTA Grant
Total $10,046,049.00
016
BACKGROUND & DISCUSSION: (continued) Pape 3 of 7
Amendment to MOU /LOA for Supplemental Fundin
On July 20, 2001, the City entered into a Letter of Agreement with the Metropolitan
Transportation Authority (MTA) setting the terms and conditions for the receipt of $9,233,000
in federal funds awarded through the 1999 MTA Call for Projects competitive grant program
This grant requires a 35% local match and is available on a reimbursement basis
Due to the rapid escalation in construction costs, the MTA issued a supplemental Call -for-
Projects in 2006 to provide supplemental funding to projects funded though previous Calls
The City requested funds for the Douglas Street Gap Closure project The MTA approved
supplemental funding in the amount of $5,380,500 [$2,880,500 Proposition C 25% and
$2,500,000 RSTP(federal)] The attached amendment sets the terms and conditions to
receive the additional funding
This additional funding provides significant additional contingency funding as detailed later in
this report
Approval of Change Orders
As the work progresses, unforeseen conditions may require the contractor to perform work at
additional cost under a change order Also, if a more efficient way to construct the project is
identified, cost savings can be accomplished through credit change orders
On June 20, 2006, City Council approved Change Order Numbers 2, 3, 6 & 8 in the total
amount of $71,490 76 and on November 8, 2006, Council approved Change Order Numbers
1, 11, 13 and 14 in the amount of $156, 860 81 On February 20, 2007, Change Order
Numbers 10, 15, 16 and 17 were approved by City Council in the amount of $283,936.56
Since that time, additional change orders have been encountered It is recommended that
Council authorize the Director of Public Works to execute change order Numbers 10 -1, 18, 19,
20, 21 & 22 described below The change order numbers are referenced by the Construction
Engineer's numbering system and are not in sequence As issues are encountered during
construction, change order numbers are assigned to each issue such that any additional costs
can be tracked separately Staff has deemed Change Order Numbers 1, 2, 3, 6, 8, 10, 10 -1,
11, 13, 14, 15, 16, 17, 18, 19, 20, 21 & 22 to be valid and negotiated change order costs with
the contractor Change Orders 4, 5, 7, 9 and 12 are still issues that may or may not result in
formal contract change orders to be considered by Council
01'7
BACKGROUND & DISCUSSION. (continued) Page 4 of 7
Contract Chancre Order No. 10 -1 $74,544.00
This change order accomplishes the following changes
➢
Temporary fencing to control pedestrian access to the Green
Line Station: Prior to the project, pedestrians accessed the green
$12,00000
line through an fenced and paved easement along the railroad
tracks Railroad shoofly construction required the removal of
fencing and the relocation of the pedestrian walkway Temporary
fence panels (1500 LF) were required to protect pedestrians from
the construction site and railroad operations
➢
Adjustment of Sewer Manhole: Location is on the north side of
$4,00000
the grade separation Station No 20 +75
➢
Modify Irrigation at MTA. Repairs on the east side of MTA Green
$2,00000
Line Station to the Master Valve
➢
Relocation of 2- 2 -inch water services serving Buildings on
$8,00000
Park Place. These water services required relocation due to
conflict with storm drain construction
➢
Potholing of existing utilities at North Douglas. Additional
$7,50000 j
potholing was required to construct storm drain in North Douglas
➢
Lower AT &T duct banks in conflict storm drain in Alaska Ave.
$41,04400
& Douglas intersection.
Total Change for Change Order No 10 -1 $74,54400
This change order accomplishes the following changes
➢ West retaining wall cast in drill hole (CIDH) beam cap $22,00000
modification. During construction, it was discovered that right -of-
way acquired along the Douglas Street frontage of 2221 Park
Place was approximately 1 8' less than the design required To
avoid the need for the additional right -of -way, the westerly
retaining walls and sidewalks were modified to fit in the right -of-
way already acquired Removal of a concrete structure built
earlier in the project was required to avoid encroachment onto
private property This work includes the demolition of the existing
concrete and the construction of the modified structure
Order No 18 $22,00000
018
BACKGROUND & DISCUSSION: (continued) Page 5 of 7
This change order accomplishes the following changes
➢ Douglas Street/ Park Place Intersection Acceleration Due to
delays in relocation of AT &T facilities, work on the south side of
the project was broken into an addition phase to permit the
contractor to continue working and to mitigate future delays The
additional phase consisted of water main and curbs, sidewalk and
pavement in the Park Place /Douglas Street intersection The
additional costs are related to additional fittings and chlorination
required for the water mains constructed and placed in service
while the remainder of the construction continues This action will
mitigate delay costs in the future by an estimated 15 working
days
Total Change for Change Order No 19
ict Change Order No. 20 $
This change order accomplishes the following changes
➢ SCE, Shell /Crimson Delay Costs. Delays in completing $220,231 00
relocation work related to Shell and Crimson oil lines and Edison
facilities caused delays to the contractor's work Delays in
receiving final Edison relocation plans and Shell Oil Company
administrative delays caused a total of 89 days of delay The
contractor has requested compensation for overhead costs
incurred during the delay amounting to $2450 per day plus 1 % for
bonding These delay costs would be assessed to the City only
after the original contract term expires on July 5, 2007 and as the
contractor actually incurs the additional overhead costs This
action to negotiate and agree to delays at this time is necessaryto
clearly segregate delay costs by their cause This is particularly
important due to the mounting delays currently being caused by
AT &T
Total Change for Change Order No 20 $220,231 00
Contract Change Order No. 21 $18.900.00
This change order accomplishes the following changes
➢ Relocate pedestrian access to Green Line from southeast $18,90000
side to southwest side to permit contractor to work on
southeast retaing structures. The contractor originally planned
to construct the southwest retaing structures before the east side
Delays in relocating AT &T facilities on the west side requires that
the existing temporary pedestrian access be relocated from the
east side to the west side This will permit the contractor to
complete the east side retaining structures first and save time
The relocation will consist of placement of concrete barriers,
fencing and asphalt to provide a safe path for MTA patrons
Total Change for Change Order No 21 $18,90000
019
BACKGROUND & DISCUSSION: (continued) Pape 6 of 7
Contract Change Order No. 22 $25,000.00
This change order accomplishes the following changes
➢ Installation of Traffic Signal conduits and pull boxes to $25,00000
accommodate a future traffic signal at Park Place and
Douglas Street. Upon reviewing the intersection of Park Place
and Douglas street it was evident that a traffic signal may
ultimately be required to accommodate turning movements to and
from Park Place Upon completion of the Park Place extension
through to Sepulveda Boulevard, a signal at this location will
certainly be needed This change order will provide for the
installation of conduits and pull boxes to avoid future street
excavations and traffic disruptions when the traffic signal is
ultimately installed
Total Chanqe for Chanqe Order No 21 $25,00000
Balance of Contingency
City Council authorized a 10% contingency ($1,923,903) to cover additional work discovered
during construction The following indicates the balance of available contingency funding
Contingency Amount provided by Council on June 25, 2005 $1,923,903 00
Additional Funding Provided through recommended MTA amendment $5,880,500 00
Total Contingency Funding
$7,804,403.00
Cost of previous Change Orders (1, 2, 3, 6, 1, 10, 11, 13, 14, 15, 16, $512,
17)
Cost of Change Orders 10 -1, 18, 19, 20, 21 & 22 $390,67500
Sub -Total of Change Orders to date $902,963 13
Additional Right -of -Way acquisition costs (including future
improvements required by settlement agreements) $1,500,000 00
Non - Contract construction costs (MTA purchases) $25,70352
Total Additional Coctc A9 d9R AAR R5
Remaining fund balance
$5,375,736.35
020
BACKGROUND & DISCUSSION. (continued) Pape 7 of 7
Additional Change Orders
Additional change orders have been encountered and are currently being negotiated. These
change orders will be submitted for Council consideration in the future Staff continues to work
with the contractor and the construction manager to mitigate additional costs and to identify
and implement measures to reduce costs
021
Los Angeles County
MetroMetropolitan Transportation Authordy
May 31, 2007
Mr Steve Finton
City of El Segundo
350 Main Street
El Segundo, CA 90245
One Gateway Plaza 213 922 2000 Tel
Los Angeles, CA 90012-2952 metro net
RECEIVED
JUN 01 2001
Pubik; Works
Engineering
Subject Amendment for Douglas Street Gap Closure Protect, MOU /LOA# P0006330
Dear Mr. Finton
Enclosed are 3 copies of the Amendment for Douglas Street Gap Closure Project,
MOU /LOA# P0006330 that has been approved and signed by Metro's Legal Counsel Please
have the City Manager sign accordingly and return all 3 copies to me for our CEO's
signature.
Mail to Metropolitan Transportation Authority
Attn Fulgene Asuncion
1 Gateway Plaza
Mail Stop 99 -22 -3
Los Angeles, CA 90012
If you have any questions, please contact me at 213- 922 -3025 or email at
asuncionf0metro.net
Sincerely,
, , q e � 0.69 -t - 6-
Fulgene Asuncion
Transportation Planning Manager
022
MOU /LOA.P0006330 [CFP #6330]
TIP #: LA996330
AMENDED AND RESTATED
CALL FOR PROJECTS
MEMORANDUM OF UNDERSTANDING /LETTER OF AGREEMENT
This Amended and Restated Memorandum of Understanding /Letter of Agreement
( "MOU /LOA ") is dated for reference purposes only May 2, 2007, and is by and between the Los
Angeles County Metropolitan Transportation Authority ( "METRO ") and City of El Segundo
( "Project Sponsor ") for Douglas Street Gap Closure Project - METRO Call for Projects ID# 6330
and TIP# LA996330 (the "Project")
WHEREAS, Project Sponsor and METRO entered into that certain Call for Projects Letter of
Agreement # LOA P0006330 dated as of December 20, 2001, (the "Existing LOA ") and
Memorandum of Understanding # MOU.P0006330 dated as of June 3, 2005, (the "Existing
MOU ") for the total project funds of $9,733,000 to the Project.
WHEREAS, as part of the Supplement to the Call for Projects, the METRO Board of Directors, at
its meeting on January 25, 2007, authorized an additional one -tune grant or programming of
funds in the amount of $2,880,500 in Proposition 25% fimds and $2,500,000 in RSTP funds to
Project Sponsor, subject to the terms and conditions contained in this MOU /LOA.
WHEREAS, as part of the January 25, 2007 METRO Board action, the METRO Board required
that the supplemental local funds must be expended by June 30, 2008 and the supplemental
state or federal funds must be obligated or allocated, as applicable, by June 30, 2008.
WHEREAS, the amended and restated TOTAL Project funding by METRO, including all
available grant and programmed funds, for the Project is $15,113,500 as provided in this
MOU /LOA.
WHEREAS, METRO and Project Sponsor desire to amend and restate the Existing LOA and
Existing MOU in their entirety in order to provide for all grant and programmed funds for the
Project in one agreement. By entering into this MOU /LOA, the parties desire that this
MOU /LOA will supersede and replace the Existing LOA and the Existing MOU in their entirety.
NOW, THEREFORE, the parties hereby agree as follows.
The terms and conditions of this MOU /LOA consist of the following and each is incorporated by
reference herein as if fully set forth herein.
1. Part I -Specific Terms of the MOU /LOA
2. Part II -General Terms of the MOU /LOA
3. Attachment A - Project Fundmg
4. Attachment B - Financial Plan
5. Attachment C - Scope of Work
Boilerplate date 0123 07 0 2 `n
Call for Projects - [Douglas Street Gap Closure Protect and Project#6330] Memorandum of Understanding
(MOU(LOA) MOUlLOA P0006330 [Prolect#6330]
6 Attachment D - Reporting and Expenditure Guidelines
7 Attachment D1 - Quarterly Progress /Expenditure Report
8. Attachment E — Transportation Improvement Program (TIP) Sheet
9 Attachment F — list of Documents to be submitted to Caltrans
10 Attachment G - CTC Amendment of STIP Guidelines
11. Attachment H - Special Grant Conditions
In the event of a conflict, the Special Grant Conditions, if any, shall prevail over the Specific
Terms of the MOU /LOA and any attachments and the Specific Terms of the MOU /LOA shall
prevail over the General Terms of the MOU /LOA
02tt
Boilerplate date 08 7 06 2
Call for Projects - [Douglas Street Gap Closure Project and Prolect#6330] Memorandum of Understanding
(MOU /LOA) MOU/LOA P0006330 [Prglect#6330]
IN WITNESS WHEREOF, the parties have caused this MOU /LOA to be executed by their duly
authorized representatives as of the dates indicated below-
METRO:
LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY
0
Roger Snoble Date
Chief Executive Officer
APPROVED AS TO FORM:
Raymond G. Fortner, Jr.
County Counsel
PROJECT SPONSOR:
CITY OF EL SEGUNDO
iM
Jeff Stewart
City Manager
APPROVED AS TO FORM (OPTIONAL)-
M
Date
Boilerplate date 08 7 06
Date
025
MOU/LOA P0006330 [Project#63301
PART
SPECIFIC TERMS OF THE MOU /LOA
Title of the Project (the "Project "): Douglas Street Gap Closure Project
Grant and Programmed Funds
Grant and Programmed Funds for this Project consist of the following: Regional
Improvement Program (the "RIP Funds "), Proposition C 25% Funds (the "Prop C
Funds "), and the Federal Regional Surface Transportation Program (the "RSTP
Funds ") Funds. The RIP funds, Prop C Funds, and the RSTP Funds, are collectively
referred to as "the Funds ". The total amount of Funds provided under this MOU /LOA
is $15,113,500. ($3,380,500 in Prop C Funds; $9,233,000 in RIP Funds, and
$2,500,000 in RSTP Funds)
21 Prop C Funds. To the extent the Prop C Funds are available,
METRO Board of Directors', at its March 16, 2005 meeting, programmed
funds over one (1) year, Fiscal Year (FY 05 -06) in the amount of $500,000 in
Proposition C 25% METRO Board, at its January 25, 2007 meeting,
programmed an additional $2,880,500 in Proposition C 25% funds to
Project Sponsor for the Project. The Proposition C 25% Funds are
programmed over one (1) year, Fiscal Year (FY06 -07).
22 RIP Funds. METRO programmed and the California
Transportation Commission authorized $9,233,000 in RIP Funds to Project
Sponsor for the Project as shown in the 2000 STIP Funding Document for
PPNO 2377 The RIP Funds are programmed over one (1) year, Fiscal Year
(FY01 -02)
2.3 RSTP Funds- METRO programmed $2,500,000 in RSTP Funds to
Project Sponsor for the Project. The RSTP Funds are programmed over
one (1) year, Fiscal Year (FY06 -07).
3. Funding and Programming Agencies
3.1 The Funding Agencies (individually, an "Agency ") for this Project
are: STATE, by and through Caltrans, for the RIP Funds, the Federal
Highway Administration (FHWA) or the Federal Transit Administration
( "FTA "), as applicable, for the RSTP Funds, and METRO for the Prop C
Funds.
3 2 The Programming Agency for this Project is: METRO.
4. For the Prop C Funds, this one time grant shall be paid on a reimbursement basis. Project
Sponsor must provide the appropriate supporting documentation with the Quarterly
Progress /Expenditure Report. Project Sponsor Funding Commitment must be spent in the
Boilerplate date 08 7 06 4 () 2 6
MOU /LOA P0006330 [Project>#6330]
appropriate proportion to the Funds with each quarter's expenditures. METRO will withhold
five percent (5 %) of eligible expenditures per invoice as retamage pending an audit of
expenditures and completion of scope of work.
5 The "Project Funding" documents all sources of funds programmed for the Project as
approved by METRO and is attached as Attachment A The Project Funding includes the total
programmed budget for the Project, including the Funds programmed by METRO and the
Project Sponsor Funding Commitment (local match). The Project Funding also includes the
fiscal years in which all the funds for the Project are programmed.
6 The "Financial Plan" documents the proposed cash flow for the Project and is attached to
this MOU /LOA as Attachment B The Financial Plan is the entire financial plan for the Project,
and shows the total sources of funds programmed to the Project, including Project Sponsor
Funding Commitment as well as the fiscal year and quarter the funds will be expended. The
Financial Plan should not show the expenditure of any Funds beyond the lapse date of the last
year of fundmg. If Attachment B is inconsistent with the lapsing date, the lapsing date shall
prevail and the Funds shall lapse on the lapse date regardless of what is set forth in Attachment B.
7 Project Sponsor shall complete the Project as described in the Scope of Work The "Scope
of Work" for the Project is attached to this MOU /LOA as Attachment C. The Scope of Work
includes a description of the Project, a detailed description of the work to be completed by Project
Sponsor including, without limitation, Project milestones consistent with the lapsing policy, and a
set schedule Work shall be delivered in accordance with that schedule unless otherwise agreed to
by the parties in writing. If a Project Sponsor is consistently behind schedule in meeting
milestones or in delivering the Project, then METRO will have the option to terminate this
MOU /LOA for default as described in Part II, Section 9 Any changes m the Scope of Work must
be made by amendment.
8. The "Transportation Improvement Program (TIP) Sheet" is attached as Attachment E
and is required to ensure that the Project is programmed correctly in the most up -to -date TIP
All local transportation projects must be programmed into the TIP as the TIP includes locally
funded regionally significant projects for information and air quality modeling purposes and to
receive State or Federal funding. Project Sponsor shall review the TIP Sheet each year and
update or correct the TIP Sheet as necessary If Project Sponsor updates or corrects the TIP
Sheet, Project Sponsor shall provide such updates or corrections to METRO Regional
Programming, Attention Herman Cheng, or his designee as soon as possible after Project
Sponsor is aware of the changes, but no later than October 1 of the year the change or update is
made. Should Project Sponsor fail to meet this date, it may affect Project Sponsor's ability to
access funding, delay the Project and may ultimately result in the Funds being lapsed.
9. For CMAQ Funds and RSTP Funds, the List of Documents to be submitted to Caltrans for
the Project is attached as Attachment F
10 For RIP Funds, Project Sponsor will submit to METRO for concurrence copies of Agency
Grant Applications, allocation and extension request documents, and /or Fund Transfer
Agreements and /or the Fund Request it submits to the CTC. The Fund Request, the extension
Boilerplate date 08 7 06 5 027
MOU/LOA P0006330 [Project#6330]
request or the allocation request shall be administratively approved by METRO before it is
submitted to Caltrans and the CTC.
11. For RIP Funds, the CTC Amendment of STIP Guidelines is attached as Attachment G.
The complete CTC STIP Guidelines can be accessed at
htto• I lwww.dot ca.gov /ha (transprogIctchaison /Resolutions /G %20ResolutionsJG -06 -20 3Zf.
The guidelines
The the policy, standards, criteria and procedures for the development,
adoption and management of the STIP. The STIP Guidelines also provide incentives for
Project Sponsor's accountability for the timely use of the RIP Funds
12. No changes to the (i) grant amount, (ii) Project Funding, (iii) the Scope of Work, or (iv) the
lapse date of the Funds shall be allowed without a written amendment to this MOU /LOA,
approved and signed by the METRO Chief Executive Officer or his /her designee and Project
Sponsor. Modifications that do not materially affect the terns of this MOU /LOA, such as
redistributing Funds among existing budget line items or non - matenal schedule changes must be
formally requested by Project Sponsor and approved by METRO in writing. Non - matenal
changes are those changes, winch do not affect the grant amount, Project Funding, Financial
Plan, the Scope of Work, including schedule, or the lapse date of the Funds.
13. METRO's Address-
Los Angeles County Metropolitan Transportation Authority
One Gateway Plaza
Los Angeles, CA 90012
Attention: Fulgene Asuncion, MS-99-22-3
14 Project Sponsor's Address
City of El Segundo
350 Mam Street
El Segundo, CA 90245
Attention. Steve Fmton, E-mail- sfintonaelsegundo.org
15. MAINTENANCE OF EFFORT -- MOE
On September 26, 2002, the METRO Board of Directors required that prior to receiving
Proposition C 10% or 25% grant funds through the Call for Projects, Project Sponsor must
meet a Maintenance of Effort (MOE) requirement consistent with the State of Califorma's MOE
as determined by the State Controller's office. With regard to enforcing the MOE, METRO will
follow the State of California's MOE requirement, including, without limitation, suspension
and re- implementation.
16 SPECIAL CONDITIONS FOR SUPPLEMENTAL FUNDS.
Notwithstanding Part II, Section 7 - the Timely Use of Funds /Reprogramming of Funds -
the METRO Board in authorizing the supplemental funds to Project Sponsor required that
such supplemental funds be expended or encumbered, as applicable by June 30, 2008. Under
this MOU /LOA, Project Sponsor is receiving supplemental funds in the amount of $5,380,500
Boilerplate date 08 7 06 6 028
MOU /LOA P0006330 [Proiect#63301
in Prop C and RSTP Funds. Project Sponsor shall expend the supplemental Prop C Funds by
June 30, 2008, and encumber the supplemental RSTP Funds by June 30, 2008.
17 EXISTING MOU IS SUPERCEDED IN ITS ENTIRETY
This MOU /LOA hereby supersedes and replaces the Existing MOU and the Existing
LOA in their entirety The Existing MOU and the Existing LOA are hereby void and are no
longer of any force or effect
Boilerplate date 08 7 06 7 02 9
MOU/LOA P0006330 [Prolect#6330]
PART II
GENERAL TERMS OF THE MOU /LOA
TERM
11 The term of this MOU /LOA shall commence on the date this MOU /LOA
is fully executed and, shall terminate upon the occurrence of all of the following, unless
terminated earlier as provided herem: (i) the agreed upon Scope of Work has been completed,
(n) all METRO audit and reporting requirements have been satisfied; and (iii) the final
disbursement of the Funds has been made to Project Sponsor. All eligible Project expenses as
defined in the Reporting and Expenditure Guidelines (Attachment D), incurred after the
MOU /LOA is executed shall be reimbursed in accordance with the terms and conditions of this
MOU /LOA unless otherwise agreed to by the parties in writing
12 Should METRO determine there are insufficient Funds available for the
Project, METRO may terminate this MOU /LOA by giving written notice to Project Sponsor at
least thirty (30) days in advance of the effective date of such termination. If this MOU /LOA is
terminated pursuant to this section, METRO will not reimburse Project Sponsor for any costs
incurred after the termination date, except those necessary to return any facilities modified by
the Project's construction to a safe state. METRO's share of these costs will be consistent
with the established funding percentages outlined in the MOU /LOA.
INVOICE BY PROTECT SPONSOR:
2.1 For the Prop C Funds, unless otherwise stated in this MOU /LOA, the
Quarterly Progress /Expenditure Report, with supporting documentation of expenses and
Project progress as described in Part II, Sections 5.1 of this MOU /LOA, and other documents
as required, shall satisfy METRO invoicing requirements.
Send invoice with supporting documentation to
Los Angeles County Metropolitan Transportation Authority
Accounts Payable
P 0 Box 512296
Los Angeles, CA 90051 -0296
Re: METRO Project ID# 6330 and MOU /LOA# MOU /LOA.P0006330
Alan Patashnick, MS 99 -22 -3
22 Project Sponsor understands and agrees that METRO provides no RIP
Funds, CMAQ Funds, RSTP Funds (the "State /Federal Funds ") under this MOU /LOA and
METRO shall have no responsibility or obligation to provide any State /Federal Funds for the
Project. Project Sponsor shall receive the State /Federal Funds directly from the Agency
pursuant to a separate agreement with the Agency Project Sponsor shall submit to the Agency
the appropriate invoices in the form, manner, and schedule specified by the applicable
requirements of the Agency. Project Sponsor cannot be reimbursed for any cost incurred
without prior authorization from the Agency. Project Sponsor shall be subject to, and comply
with, all applicable requirements of the Agency. The allowability of expenditures, the cost
Boilerplate date 08 7 06 8 030
MOU /LOA P0006330 [Project#6330]
reimbursement schedule, eligibility issues, resolution of disputes, and all other issues for the
State /Federal Funds shall be subject to the rules, regulations, and requirements of the Agency
2.3 For RSTP Funds and CMAQ Funds, Project Sponsor shall submit
invoices to Caltrans in the form, manner, and schedule specified by the applicable
requirements of Caltrans
2.4 Project Sponsor shall not use the Funds to substitute for any other funds
or projects not specified in this MOU /LOA. Nor shall the Funds be used for any expenses
or activities above and beyond the approved Scope of Work (Attachment C) without an
amendment to the MOU /LOA approved and signed by the METRO Cluef Executive Officer
or his designee.
USE OF FUNDS-
3 1 Project Sponsor shall utilize the Funds to complete the Project as
described in the Scope of Work and in accordance with the Reporting and Expenditure
Guidelines (Attachment D) and the most recently adopted METRO Proposition C Guidelines
for the type of Proposition C funds granted by METRO hereunder (the "Guidelines ").
32 Attachment C shall constitute the agreed upon Scope of Work between
METRO and Project Sponsor for the Project. The Funds, as granted and programmed under
this MOU /LOA, can only be used towards the completion of the Scope of Work originally
adopted by the METRO Board of Directors and detailed in Attachment C.
3.3 Project Sponsor shall not use the Funds to substitute for any other funds
or projects not specified in this MOU /LOA. Further, Project Sponsor shall not use the Funds
for any expenses or activities above and beyond the approved Scope of Work (Attachment C)
without an amendment to the MOU /LOA approved and signed by the METRO Chief Executive
Officer or his designee.
3.4 Project Sponsor must use the Prop C Funds in the most cost - effective
manner. If Project Sponsor intends to use a consultant or contractor to implement all or part
of the Project, METRO requires that such activities be procured in accordance with Project
Sponsor's contracting procedures and consistent with State law Project Sponsor will also use
the Prop C Funds in the most cost - effective manner when the Prop C Funds are used to pay
"in- house" staff time This effective use of Prop C Funds provision will be verified by
METRO through on -going Project monitoring and through any METRO interim and final
audits
35 If Project Sponsor desires to use the Prop C Funds to purchase /lease
equipment (i e., vehicles, computers, etc.) necessary to perform or provide the services disclosed
in the Scope of Work, Project Sponsor must obtain METRO's written consent prior to
purchasing /leasing specific equipment. Equipment purchased /leased without such prior
written consent shall be deemed an unallowable expenditure of the Prop C Funds If a facility,
equipment (such as computer hardware or software), vehicle or property, purchased or leased
using the Prop C Funds, ceases to be used for the proper use as originally stated in the Scope of
Boilerplate date 08 7 06 9 031
MOU /LOA P0006330 [Project#6330]
Work, or the Project is discontinued, any Prop C Funds expended for that purpose must be
returned to METRO as follows- Project Sponsor will be required to repay the Prop C Funds in
proportion to the useful life remaining in accordance with the Guidelines and in an equal
proportion of the grant to Project Sponsor Funding Commitment ratio.
4 PAYMENT OF FUNDS.
41 Reimbursement of the Project cost with the Prop C Funds shall be based
on a reimbursement basis in accordance with the Quarterly Progress /Expenditure Report.
METRO prefers to make disbursements electronically. At the written request of Project
Sponsor, disbursements via Automated Clearing House (ACH) will be made at no cost to
Project Sponsor. Project Sponsor must provide detailed supporting documentation with its
Quarterly Progress /Expenditure Report Project Sponsor Funding Commitment must be spent
in direct proportion to the Prop C Funds with each quarter's payment
42 Reimbursement of the Project cost with State /Federal Funds shall be paid
as follows. Project Sponsor shall receive the State /Federal Funds directly from Caltrans
pursuant to a separate agreement with Caltrans. Project Sponsor cannot be reimbursed for any
cost incurred without prior authorization from Caltrans Project Sponsor shall be subject to,
and comply with, all applicable programming agencies. The allowability of expenditures, the
cost reimbursement schedule, eligibility issues, resolution of disputes, and all other issues
relating to the MOU /LOA shall be subject to the rules, regulations, and requirements of
Caltrans and METRO as the programming agency
5. REPORTING AND AUDIT REQUIREMENTS /PAYMENT ADIUSTMENTS.
5.1 For the State /Federal Funds, Project Sponsor shall be subject to and
comply with all applicable requirements of the Agencies regarding Project reporting and audit
requirements. Project Sponsor shall use the STPL# on all correspondences.
52 For the Prop C Funds, Project Sponsor shall submit the Quarterly
Progress /Expenditure Report within 15 days after the close of each quarter on the last day of the
months October, January, April and July. Should Project Sponsor fail to submit such reports
within 10 days of the due date and /or submit incomplete reports (see Attachments D, Dl, and
D2), METRO will not reunburse Project Sponsor with the Prop C Funds until the completed
required reports are received, reviewed, approved and reconciled to the Project Funding. The
Quarterly Progress /Expenditure Report shall include all appropriate documentation (such as
contractor invoices, timesheets, receipts, etc). All supporting documents must include a clear
justification and explanation of their relevance to the Project. If no activity has occurred during
a particular quarter, Project Sponsor will still be required to submit the Quarterly
Progress /Expenditure Report indicating no dollars were expended that quarter. If a request for
reimbursement exceeds $500,000 in a single month, then Project Sponsor can submit such an
invoice once per month with supporting documentation.
5.3 For the Prop C Funds, METRO, and /or its designee shall have the right to
conduct audits of the Project, as deemed appropriate, such as financial and compliance audits,
interim audits, pre -award audits and performance audits METRO will commence a final audit
Boflerplate date 08 7 06 10 032
MOU /LOA P0006330 [Project#6330]
within six (6) months of receipt of acceptable final invoice, provided, however, the Project
must be ready for final audit (meaning all costs and charges have been paid by Grantee and
invoiced to METRO, and such costs, charges and invoices are properly documented and
summarized in the accounting records to enable an audit without further explanation or
summarization). Project Sponsor agrees to establish and maintain proper accounting
procedures and cash management records and documents in accordance with Generally
Accepted Accounting Principles (GAAP) Project Sponsor shall reimburse METRO for any
expenditure not in compliance with the Scope of Work and /or not in compliance with other
terms and conditions as defined by tlus MOU /LOA and the Guidelines When applicable,
METRO shall consider the Federal Acquisition Regulations (FAR) Subpart 31 in deternun ng
the reasonableness of costs incurred. When METRO audit findings require Project Sponsor to
return monies to METRO, Project Sponsor agrees to return the monies within thirty (30) days
after the final audit is sent to Project Sponsor. The findings of the METRO audit are final.
54 Project Sponsor's records shall include, without limitation, accounting
records, written policies and procedures, contract files, original estimates, correspondence,
change order files (including documentation covering negotiated settlements), invoices, and
any other supporting evidence deemed necessary by METRO to substantiate charges related
to the Project (all collectively referred to as "records ") shall be open to inspection and subject
to audit and reproduction by METRO auditors or authorized representatives to the extent
deemed necessary by METRO to adequately permit evaluation of expended costs Such
records subject to audit shall also include, without limitation, those records deemed necessary
by METRO to evaluate and verify direct and indirect costs, (mcluding overhead allocations) as
they may apply to costs associated with the Project These records must be retained by
Project Sponsor for three years following final payment under this Agreement.
5.5 Project Sponsor shall cause all contractors to comply with the
requirements of Part II, Section 5, paragraphs 5 2 and 5.3 above. Project Sponsor shall cause
all contractors to cooperate fully in fimushing or in making available to METRO records
which shall include, without limitation, accounting records, written policies and procedures,
contract files, original estimates, correspondence, change order files (including
documentation covering negotiated settlements), invoices, and any other supporting evidence
deemed necessary by METRO auditors or authorized representatives related to the Project.
56 METRO or any of its duly authorized representatives, upon reasonable
written notice shall be afforded access to all of the records of Project Sponsor and its
contractors related to the Project, and shall be allowed to interview any employee of Project
Sponsor and its contractors through final payment to the extent reasonably practicable.
57 METRO or any of its duly authorized representatives, upon reasonable
written notice, shall have access to the offices of Project Sponsor and its contractors, shall
have access to all necessary records, including reproduction, and shall be provided adequate
and appropriate work space in order to conduct audits in compliance with the terms and
conditions of this MOU /LOA.
5.8 In addition to METRO's other remedies as provided in this MOU /LOA,
METRO shall withhold the Prop C Funds and /or recommend not to award fixture Call for
Boilerplate date 09 7 06 11 033
MOU/LOA P0006330 [Prolect#6330]
Projects grants to Project Sponsor if the METRO audit has determined that Project Sponsor
failed to comply with the Scope of Work (such as misusing the Prop C Funds or failure to
return the Prop C Funds owed to METRO in accordance with METRO audit findings) and /or is
severely out of compliance with other terms and conditions as defined by this MOU /LOA and
the Guidelines, including the access to records provisions of Part II, Section 5.
6. ONE TIME GRANT This is a one time only grant subject to the terms and conditions
agreed to herein and in the Guidelines This grant and programming of Funds does not imply
nor obhgate any fixture funding commitment on the part of METRO or the Agency
7. SOURCES AND DISPOSITION OF FUNDS.
71 The obligation for METRO to grant or program the Funds for the
Project is subject to sufficient Funds being made available for the Project by the METRO
Board of Directors If such Funds are not made available for the Project, this MOU /LOA
shall be void and have no further force and effect, and METRO shall have no obligation to
provide the Funds for the Project, unless otherwise agreed to in writing by METRO.
72 Project Sponsor shall fully fund and contribute the Project Sponsor
Funding Commitment, as identified in the Project Funding (Attachment A), towards the cost of
the Project. If the Funds identified in Attachment A are msufficient to complete the Project,
Project Sponsor agrees to secure and provide such additional non -METRO programmed funds
necessary to complete the Project.
73 Project Sponsor shall be responsible for any and all cost overruns for the
Project.
74 Project Sponsor shall be eligible for the Funds up to the grant amount
specified in Part I, Section 2 of this MOU /LOA subject to the terms and conditions contained
herein and in all applicable requirements of the Agency. Any Funds expended by Project
Sponsor prior to the execution of this MOU /LOA (prior to the METRO Chief Executive Officer's
signature) shall not be reimbursed nor shall they be credited toward the Project Sponsor
Funding Commitment requirement, without the prior written consent of METRO. Project
Sponsor Funding Commitment dollars expended prior to the year the Prop C Funds are
awarded shall be spent at Project Sponsor's own risk.
75 If Project Sponsor receives outside fimdmg for the Project in addition to
the Funds identified in the Project Funding at the time this grant was awarded, this
MOU /LOA shall be amended to reflect such additional funding If, at the time of final
voucher, funding for the Project (including the Funds, Project Sponsor Funding Commitment,
and any additional funding) exceeds the actual. Project costs, then the cost savings shall be
applied in the same proportion as the sources of funds from each party to this MOU /LOA as
specified in the Project Funding and both the Funds and Project Sponsor Funding
Commitment required for the Project shall be reduced accordingly.
8. TIMELY USE OF FUNDS FOR NON - SUPPLEMENTAL FUNDS This entire Section 8
applies only to the portion of the Funds, which are not considered supplemental funds. All
Boilerplate date 08 7 06 12 034
MOU /LOA P0006330 [Proiect#6330]
references to the Funds or specific types of funds in this Section 8 shall only refer to funds
which are not supplemental fimds. The timely use provisions for the portion of the Funds
identified as supplemental fiends is provided in Part I, Paragraph 16.
8.1 Project Sponsor must demonstrate timely use of the Prop C Funds by
(1) executing this MOU /LOA within ninety (90) days of receiving
formal transmittal of the MOU /LOA from METRO, or by
December 31 of the first Fiscal Year in which the Prop C Funds
are programmed, whichever date is later; and
(n) meeting the Project milestones due dates as agreed upon by the
METRO and Project Sponsor in Attachment C (Scope of Work) of
this MOU /LOA. Contracts for construction or capital purchase
shall be executed within nine (9) months from the date of
completion of design. Project design (preliminary engineering)
must begin within six (6) months from the identified milestone
start date. The Prop C Funds programmed by METRO for Project
development or right -of -way costs must be expended by the end of
the second fiscal year following the year the Prop C Funds were
first programmed, and
(in) submitting the Quarterly Progress /Expenditure Report as
described in Part II, Section 5.1 of this MOU /LOA; and
(1v) expending the Prop C Funds granted under this MOU /LOA for
allowable costs within 36 months from July 1 of the Fiscal Year in
which the Prop C Funds are programmed, unless otherwise stated
in this MOU /LOA.
82. Project Sponsor must demonstrate timely use of the CMAQ Funds and
RSTP Funds by obligating the CMAQ Funds and RSTP Funds programmed under this
MOU /LOA within 12 months and expending within 3 years from the first day of the Fiscal Year
in which Federal Funds are programmed, unless otherwise stated m this MOU /LOA. At the
end of three (3) year period and subject to the requirements and regulations of Caltrans, and to
the extent allowed by Caltrans, Project Sponsor shall return and Federal Funds not obligated to
METRO within one month for future programming at METRO's discretion. If Caltrans lapsing
policy is more stringent than this, the Caltrans policy will apply Evidence of timely obligation
will be either a signed "Request for Approval /To Proceed" document ( Caltrans Form FNM -76)
or a signed Grant Application document with Caltrans.
8.3 The following is METRO's understanding of the state requirements for
timely use of RIP Funds, as of the date of this MOU /LOA; the terms of this section are
subject to change by the Agency and /or the CTC.
a. RIP Funds are available for a project specific allocation vote by
the CTC only until the end of the Fiscal Year (FY) for which they are programmed. Project
Sponsor may request a one -tune extension to the allocation deadline, however there is no
guarantee it will be approved Project Sponsor must present Caltrans District 7 with either a
completed Project specific allocation request or a completed request for extension at least 60
Boilerplate date 08 7 06 13 03 5
MOU /LOA P0006330 [Prolect#6330]
days in advance of the last CTC meeting of the fiscal year in which the RIP Funds and are
programmed, otherwise, the RIP Funds and may be rescinded by the CTC and METRO will
not be responsible for replacing them. An allocation request and /or a request for extension
will not be considered complete by Caltrans unless it includes METRO concurrence
After the RIP Funds are allocated by a specific vote of the CTC for
construction or capital purchase, Project Sponsor has six (6) months
to award a contract; or request a one -tine extension to from the
CTC. However, the CTC is under no obligation to grant this
extension. Otherwise, the RIP Funds may be rescinded by the CTC
and METRO will not be responsible for replacing them.
• After award of a contract, Project Sponsor has a maxunum of thirty -six
(36) months to complete such contract and expend and receive
reimbursement of the expenditures.
RIP Funds allocated by the CTC for Project development or right-of-
way costs must be expended by the end of the second Fiscal Year
following the year in which the RIP Funds were allocated.
The deadline for the Project specific allocation vote can be extended by the CTC, but only if the
CTC's action occurs by June of the Fiscal Year in which the Funds are programmed. The
possible CTC extensions are one time and for up to twenty (20) months at the discretion of the
CTC, but only if the CTC finds that an unforeseen and extraordinary circumstance beyond the
control of Project Sponsor has occurred that justifies the extension.
Following the allocation, at the end of the penod allowed for expenditure and reimbursement
of expenditures, subject to the requirements and regulations of the Agency and the CTC, and
to the extent allowed by the Agency and the CTC, Project Sponsor shall relinquish any RIP
Funds not reimbursed to the State Highway Account ( "SHA ") for future programming at the
CTC's discretion.
Prior to the programmed year, a STIP amendment reprogramming funds to a later year will
postpone the application of the lapsing provision A STIP amendment request must be made
ninety (90) days prior to the last CTC meeting or no later than March of the program year of
the Fiscal Year prior to the Fiscal Year in which the RIP Funds are programmed A STIP
amendment request will not be considered complete by Caltrans unless it includes METRO
concurrence. The CTC will not amend the STIP to change the program year of the fandmg
after the beginning of the fiscal year for which the Project is programmed.
b. Evidence of timely allocation for the RIP Funds includes an
executed allocation request document, an approved Grant Application document with the
Agency, and a Fund Allocation Request that the Project Sponsor submits to the CTC.
8.4 Assuming the above obligation requirements have been met, all Funds
programmed for ALL Programmed years are subject to lapse on June 30, 2008.
Boilerplate date 08 7 06 14 036
MOU/LOA P0006330 [Project#63301
8.5 In the event that this MOU /LOA is not executed and /or evidence of
timely obligation of Funds is not provided as described above, the Project will be reevaluated by
METRO as part of its annual Call for Projects Recerttficaaon /Deobligation process and the
Funds may be deobligated and reprogrammed to another project by the METRO Board of
Directors. If Project Sponsor does not complete one element of the Project, as described in the
TIP Sheet, due to all or a portion of the Funds lapsing, the entire Project may be subject to
deobligation at METRO's sole discretion. In the event that all the Funds are reprogrammed,
this MOU /LOA shall automatically terminate.
9 DEFAULT A Default under this MOU /LOA is defined as anyone or more of the
following. (i) Project Sponsor fails to comply with the terms and conditions contained herein or
in the Guidelines; or (n) Project Sponsor fails to perform satisfactorily or makes a material
change, as determined by METRO at its sole discretion, to the Financial Plan, the Scope of
Work, or the Project Funding without METRO's prior written consent or approval as provided
herein or (ni) Project Sponsor is in default with the Agency
10 REMEDIES:
101 In the event of a Default by Project Sponsor, METRO shall provide
written notice of such Default to Project Sponsor with a 30 -day period to cure the Default. In
the event Project Sponsor fails to cure the Default, or commit to cure the Default and
commence the same within such 30 -day period to the satisfaction of METRO, METRO shall
have the following remedies' (1) METRO may terminate this MOU /LOA, (ii) METRO and /or
the Agency may make no further disbursements of Funds to Project Sponsor; and /or (m)
METRO and /or the Agency may recover from Project Sponsor any Funds disbursed to Project
Sponsor as allowed by law or in equity.
102 Effective upon receipt of written notice of termination from METRO,
Project Sponsor shall not undertake any new work or obligation with respect to this MOU /LOA
unless so directed by METRO in writing. Any Funds expended after termination shall be the
sole responsibility of Project Sponsor.
10 3 The remedies described herein are non - exclusive. METRO shall have the
right to enforce any and all rights and remedies herein or which may be now or hereafter
available at law or in equity.
11. COMMUNICATIONS.
111 Project Sponsor shall ensure that all Communication Materials contain
recognition of METRO's contribution to the Project Project Sponsor shall ensure that at a
minimum, all Communications Materials shall include (i) the phrase "This project was partially
funded by Metro" or see www metro.net/callfoWrrpjects for alternative acceptable minimum
language; and (u) the Metro logo, with the exception of press releases, which do not require a
Metro logo
11.2 If Project Sponsor produces any Communication Materials that does
not contain the uiformaton set forth in Section 11.1 above, Project Sponsor must provide an
Boilerplate date 08 7 06 15 037
MOU/LOA P0006330 [Prolect#63301
opportunity for prior review and written comment by the Chief Communications Officer of
Metro or its designee before such materials can be produced. If Project Sponsor does not
receive a response from METRO Communications within seven (7) working days from the day
of receipt by METRO Communications staff, Project Sponsor may proceed with producing the
Communications Materials as proposed.
113 For purposes ofthis MOU /LOA, "Communications Materials" include,
but are not limited to, literature, newsletters, pubhcations, websites, advertisements, brochures,
maps, information materials, video, radio and public service announcements, press releases,
press event advisories, and all other related materials.
11.4 For signage on Project structures, facilities, vehicles and construction
sites, Project Sponsor shall use the phrase, "Funded in part by [Metro logo]" or "Your tax dollars
at work [Metro logo]" or see www.metro.net /callfoigrojects for alternative acceptable language
Further guidance on acknowledging METRO contribution is provided in the Communcatons
Materials guudelmes available from the METRO Communications Division or see
www.metro.net callfo11roaects.
115 Project Sponsor shall notify the METRO Chief Communications Officer
or its designee of all press events related to the Project in such a manner that allows METRO to
participate in such events, at METRO's sole discretion.
11.6 The Metro logo is a trademarked item that shall be reproduced and
displayed in accordance with specific graphic guidelines available from the METRO
Communications Division or see www metro net /callforprojects.
117 Project Sponsor shall ensure that any subcontractor, including, without
limitation, public relations, public affairs, and /or marketing firms hired to produce Project
Communications Materials will comply with the requirements contained in this Section 11.
12. OTHER TERMS AND CONDITIONS
12.1 This MOU /LOA, along with its Attachments and the Guidelines, and the
applicable requirements of the Agency, constitutes the entire understanding between the
parties, with respect to the subject matter herem. The MOU /LOA shall not be amended, nor
any provisions or breach hereof waived, except in writing signed by the parties who agreed to
the original MOU /LOA or the same level of authority. Adoption of revisions or supplements to
the Guidelines shall cause such revisions or supplements to become incorporated automatically
into this MOU /LOA as though fully set forth herem.
122 If applicable, Project Sponsor is obligated, to continue using the Project
dedicated to the public transportation purposes for which the Project was initially approved
The Project nght -of -way, the Project facilities constructed or reconstructed on the Project site,
and /or Project property purchased excluding construction easements and excess property
(whose proportionate proceeds shall be distributed in an equal proportion of the grant to Project
Sponsor Funding Commitment ratio) shall remain dedicated to public transportation use in the
same proportion and scope and to the same extent as described in this MOU /LOA Equipment
Boilerplate date 08 7 06 16 038
MOU/LOA P0006330 [Prolect#63301
acquired as part of the Project, including office equipment, transit vehicles, shall be dedicated to
that use for their full economic life cycle, including any extensions of that He cycle achieved by
reconstruction, rehabilitation, or enhancements.
123 In the event that there is any legal court (e.g., Superior Court of the State
of California, County of Los Angeles, or the U.S. District Court for the Central District of
California) proceeding between the parties to enforce or interpret this MOU /LOA, to protect or
establish any rights or remedies hereunder, the prevailing parry shall be entitled to its costs and
expenses, mduding reasonable attorney's fees.
12.4 Neither METRO nor any officer or employee thereof shall be responsible
for any damage or liability occurring by reason to anything done or committed to be done by
Project Sponsor under or in connection with any work performed by and or service provided by
Project Sponsor, its officers, agents, employees, contractors and subcontractors under this
MOU /LOA. Project Sponsor shall fully indemnify, defend and hold METRO, and its officers,
agents and employees harmless from and against any liability and expenses, including without
Imutaiion, defense costs, any costs or hability on account of bodily injury, death or personal
injury of any person or for damage to or loss of risk of property, any environmental obligation,
any legal fees and any claims for damages of any nature whatsoever ansing out of the Project,
including without limitation. (i) misuse of the Funds by Project Sponsor, or its officers, agents,
employees, contractors or subcontractors; (ii) breach of Project Sponsor's obligatons under this
MOU /LOA, or (in) any act or omission of Project Sponsor, or its officers, agents, employees,
contractors or subcontractors in the performance of the work or the provision of the services, in
connection with the Project including, without limitation, the Scope of Work, described in this
MOU /LOA.
12.5 Neither party hereto shall be considered in default in the performance of
its obligation hereunder to the extent that the performance of any such obligation is prevented
or delayed by unforeseen causes including acts of God, acts of a public enemy, and government
acts beyond the control and without fault or negligence of the affected party. Each party hereto
shall give notice promptly to the other of the nature and extent of any such circumstances
claimed to delay, hinder, or prevent performance of any obhgations under this MOU /LOA.
12.6 Project Sponsor shall comply with and insure that work performed under
this MOU /LOA is done in compliance with Generally Accepted Accounting Principles (GAAP),
all applicable provisions of federal, state, and local laws, statutes, ordinances, rules, regulations,
and procedural requirements including Federal Acquisition Regulations (FAR), and the
applicable requirements and regulations of Caltrans, the Commission and METRO Project
Sponsor acknowledges responsibility for obtaining copies of and complying with the terms of
the most recent federal, state, or local laws and regulations, and METRO requirements
including any amendments thereto.
12.7 Project Sponsor agrees that the applicable requirements of this
MOU /LOA and the Gtudehnes shall be included in every contract entered into by Project
Sponsor or its contractors relating to work performed under tlus MOU /LOA and METRO shall
have the right to review and audit such contracts.
Boilerplate date 08 7 06 17 0319
MOU /LOA P0006330 [Project#63301
12.8 Project Sponsor shall not assign this MOU /LOA, or any part thereof,
without prior approval of the METRO Chief Executive Officer or his designee, and any
assignment without said consent shall be void and unenforceable
129 This MOU /LOA shall be governed by California law If any provision of
this MOU /LOA is held by a court of competent jurisdiction to be mvand, void, or
unenforceable, the remaining provisions shall nevertheless continue in full force without being
impaired or mvandated in any way.
12.10 The covenants and agreements of this MOU /LOA shall inure to the
benefit of, and shall be binding upon, each of the parties and their respective successors and
assigns.
12.11 If any software /Intelhgent Transportation Systems ( "ITS ") is developed
with the Funds and if Project Sponsor ceases to use the software /ITS for public purposes or
Project Sponsor sells, conveys, licenses or otherwise transfers the software /ITS, METRO shall
be entitled to a refund or credit, at METRO's sole option, equivalent to the amount of the Funds
spent developing the software /ITS. Such refund or credit shall not be required, subject to
METRO approval of the intended use, if Project Sponsor reinvests the proceeds of such sale,
conveyance, license or transfer into the Project to offset operating or systems management
costs
12.12 Implementation of any ITS project shall be consistent with the Regional
ITS Architecture (www ruts net) ITS projects must comply with the METRO Countywide ITS
Policy and Procedures adopted by the METRO Board of Directors including the submittal of a
completed, signed self - certification form (for METRO's Countywide ITS Policy and
Procedures see www.metro.net/callforprojects.
12.13 If any parking facilities are designed and /or constructed using the Funds,
Project Sponsor shall coordinate with METRO parking program staff (see METRO net for staff
listing) in the planning, design and management of the facility and shall ensure that its
implementation is consistent with the METRO adopted parlang policy (for METRO's Parlang
Policy and contact information see www.metro.net /callforprojects
12.14 Project Sponsor will advise METRO prior to any key Project staging
changes
12.15 Notice will be given to the parties at the address specified in Part I, unless
otherwise notified in writing of change of address.
12.16 Project Sponsor in the performance of the work described in this
MOU /LOA is not a contractor nor an agent or employee of METRO. Project Sponsor attests to
no organizational or personal conflicts of interest and agrees to notify METRO immediately in
the event that a conflict or the appearance thereof, arses. Project Sponsor shall not represent
itself as an agent or employee of METRO and shall have no powers to bind METRO in contract
or otherwise.
Boilerplate date 08 7 06 18 04 0
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A
MOU/LOA P0006330 [Project#63301
ATTACHMENT C
SCOPE OF WORK
Project Title: Douglas Street Gap Closure and Inter -modal Transit Center
Project Limits:
In the City of El Segundo on Douglas Street and extending north approximately 1,000
feet from the cul -de -sac south of the Metro Green Line Douglas Street Station.
Project Description:
The project will join two disconnected segments of Douglas Street through the
construction of a four lane grade separation beneath the aerial Metro Green Line
Douglas Street Station /at grade platform and the at -grade Burlington Northern/Santa
Fe railroad tracks.
Project Funding-
$2,880,500 in Proposition C 25% funds and $2,500,000 in RSTP funds to complete
the project fimding plan The funds were awarded by the MTA Board at its January
25, 2007 meeting
Project Components. The funds will be used to complete the project funding plan.
Project Schedule: Award Construction Contract ...... .........June,21, 2005
Start Construction ............. ...........December, 2005
Construction Completion ... ........ .....December, 2007
043
Scope of Work
Douglas Street is a north -south secondary arterial transportation corridor that
serves the general South Bay employment region of Los Angeles County in
California Currently, Douglas Street is discontinuous and dead ends on both the
north side and south side of the Burlington Santa Fe Railroad tracks and the
elevated Metro Green Line Light Rail Station
This project will to close existing gap in Douglas Street by constructing a grade
separation structure, which will extend Douglas Street under both the Burlington
Santa Fe Railroad tracks and the Green Line Station
The Scope of Work for the total project is as follows:
o Professional design and construction support services.
o Environmental certification.
o Right -of -way engineering and acquisition.
o Underpass grade separation structure for the railroad tracks, including a
shoo -fly construction detour track
o Four (4) lane highway extension approximately 1,000 feet.
o Storm water disposal facilities, including pump station.
o Access to the Green Line Station from a new roadway.
o Utility relocations: 45" County waterline, 27" City waterline, telephone and
electrical lines, power poles, and oil and gas lines.
o Traffic signal modifications to existing signals at Douglas Street/ Rosecrans
Avenue and at Douglas Street/El Segundo Boulevard intersection and new
traffic signals at the Douglas Street entrance to the Intermodal facility and
at Douglas Street /Utah Avenue intersection as needed.
o Intermodal transit facility This element will include construction of a park
n' ride facility to accommodate approximately fifty (50) vehicles, with
informational kiosks, lighting and landscaping, and spaces for public transit
and private car /van pool vehicles. 5309 funds will be used for construction
of the parking facility
044
MOU /LOA P0006330 [Project#6330]
Project Milestones
August 2001 City executes a contract with Parsons Transportation
Group for providing professional design engineering
services
September 2001. Commencement of design
January 2002 Completion of environmental work
May 2002: Completion of right -of -way engineering
February 2003 City certifies environmental determination (CEQA)
March 2003: Completion of Contract plans and specifications for
bidding
January 2005 Caltrans approves right -of -way certification
March 2005. Project advertised for bids
June 2005. Construction contract award
December 2005: Commence construction
December 2007. Estimated completion of construction
045
MOU /LOA P0006330 [Project#6330]
Project Cost Breakdown
1. Design Engineering (PS &E)
$1,845,000
2. Right -of -Way
$2,927,780
3 Construction. Roadway
$4,931,818
Utility Relocation
$3,917,591
Access to Green Line Station
$1,035,378
Grade Separation Structure
$1,717,000
Railroad Shoo -fly
$1,652,720
Storm Drain /Pump Station
$750,000
Traffic Signals
$300,000
Intermodal Facility
$1,000,000
Construction Sub -total
$20,077,287
Construction Contingencies $2.007.713
Total Construction
$22,085,000
4 Construction Engineering
$ 1.800.000
Project Total
$23,885,000
046
MOU ATTACHMENT D
REPORTING & EXPENDITURE GUIDELINES
REPORTING PROCEDURES
Quarterly Progress /Expenditure Report (Attachment Dl) is required for all
projects The Grantee shall be subject to and comply with all applicable
requirements of the funding agency regarding project - reporting requirements. In
addition, Grantee will submit a quarterly report to the MTA at P.O. Box 512296,
Los Angeles, CA 90051 -0296 Please note that letters or other forms of
documentation may not be substituted for this form
The Quarterly Progress /Expenditure Report covers all activities related to the
project and lists all costs incurred. It is essential that Grantee provide complete
and adequate response to all the questions. The expenses listed must be supported
by appropriate documentation with a dear explanation of the purpose and
relevance of each expense to the project Expenses must reflect the proportionate
share of local match, including m -kind, charged to the grant.
In cases where there are no activities to report, or problems causing delays, clear
explanation, including actions to remedy the situation, must be provided
Grantees are required to track and report on the project schedule. MTA will
monitor the timely use of funds and delivery of projects Project delay, if any,
must be reported each quarter Projects not delivered in a timely manner will be
reevaluated by MTA as part of the annual Call for Projects Recertification process
and the Funds may be deoblhgated and reprogrammed by the MTA Board.
• The Quarterly Progress /Expenditure Report is due to the MTA as soon as possible
after the close of each quarter, but no later than the following dates for each fiscal
year:
Quarter
Report Due Date
July— September
November 30
October - December
February 28
January - March
May 31
April - June
August 31
Upon completion of the Project a final report that includes project's final evaluation
must be submitted.
047
EXPENDITURE GUIDELINES
• Any activity or expense charged above and beyond the approved Scope -of -Work
(LOA Attachment C), is considered ineligible and will not be reimbursed by the
MTA unless Prior written authorization has been granted by the MTA Chief
Executive Officer or his designee
• Any expense charged to the grant or local match, including in-land, must be
clearly and directly related to the project.
• Any activity or expense charged as local match cannot be applied to any other
MTA - funded or non - MTA - funded projects; activities or expenses related to a
previously funded project cannot be used as local match for the current project.
• Administrative cost is the ongoing expense incurred by the Grantee for the
duration of the project and for the direct benefit of the project as specified in the
Scope -of -Work (Attachment C) Examples of administrative costs are personnel,
office supplies, and equipment. As a condition for eligibility, all costs must be
necessary for maintaining, monitoring, coordinating, reporting and budgeting of
the project. Additionally, expenses must be reasonable and appropriate to the
activities related to the project
• MTA is not responsible for, and will not reimburse any costs incurred by the
Grantee prior to the execution of the LOA, unless written authorization has been
granted by the MTA Chief Executive Officer or her designee.
• The LOA is considered executed when the MTA Chief Executive Officer or her
designee signs the document
DEFINITIONS
Local Participation. Where local participation consists of "in -kind" contributions
rather than fiends, the following contributions maybe included.
• Costs incurred by a local jurisdiction to successfally complete the project
Examples include engineering, design, rights -of -way purchase, and
construction management costs
• Donations of land, building space, supplies, equipment, loaned equipment,
or loaned building space dedicated to the project.
• Donations of volunteer services dedicated to the project
• A third -party contribution of services, land, building space, supplies or
equipment dedicated to the project
048
Allowable Cost To be allowable, costs must be reasonable, recognized as ordinary
and necessary, consistent with established practices of the organization, and
consistent with industry standard of pay for work classification.
Excessive Cost Any expense deemed "ex
to reflect a "reasonable and customary" lE
cost ", please refer to the Federal Register
State and Local Governments; and
Organizations
:essive" by MTA staff would be adjusted
vel For detail definition of "reasonable
OMB Circulars A -87 Cost Principals for
1 -122 Cost Pnncipals for Nonpro &t
In- eligible Expenditures Any activity or expense charged above and beyond the
approved Scope -of -Work is considered in eligible
040
METRO MOU ATTACHMENT D1
QUARTERLY PROGRESS / EXPENSE REPORT
GRANTEES ARE REQUESTED TO MAIL THIS REPORT TO
P O. Box #512296, Los Angeles, CA 90051 -0296 after the close
of each quarter, but no later than November 30, February 28,
May 31 and August 31 Please note that letters or other forms
of documentation may not be substituted for this form Refer to the
Reporting and Expenditure Guidelines (Attachment D) for further information
Please itemize grant - related charges for this Quarter on Page 5 of this report and include totals in
this Section.
Revised 7/20/05 1
Metro Grant
Local Match (Intl.
Local Match
Total
In -Kind)
Project Quarter
This Quarter Expenditure
Retention Amount
Net Invoice Amount (Less
Retention)
• . .
Funds Expended to Date
(Include this Quarter)
Total Project Budget
% of Project Budget
Expended to Date
Balance Remaining
Revised 7/20/05 1
SECTION 2: GENERAL INFORMATION
PROJECT TITLE
MOU #:
Name
Area Team
QUARTERLY REPORT SUBMITTED FOR:
Phone Number
Fiscal Year:
72004 -2005
7
2005 -2006 2006 -2007
Phone Number
2007 -2008
F�
2008 -2009 2009 -2010
Quarter:
E]Q1 Jul -Sep
F
Q2 Oct -Dec
F'�Q3 Jan -Mar
F
Q4 Apr-Jun
DATE SUBMITTED.
METRO MODAL CATEGORY:
Freeway RSTI 7Signal Synchronization
[]TDM ❑ Bikeway 7Pedestnan
Transit n TEA
Metro Area Team
Representative /
Project Mgr
Name
Area Team
Phone Number
e -mail
Project Sponsor
Contact/ Project
Manager
Contact Name
Job Title
Department
City / Agency
Mailing Address
Phone Number
e -mail
051
Revised 720/05 2
SECTION QUARTE RLY PROGRESS REPORT
List all deliverables and milestones as stated in the MOU. with start and end dates Calculate the total project duration DO
NOT CHANGE THE ORIGINAL MOU MILESTONE START AND END DATES SHOWN IN THE 2ND AND 3FO COLUMNS
BELOW
Grantees must make every effort to accurately portray milestone dates in the original MOU Scope of Work, since this will
provide the basis for calculating any project delay If milestone start and/or end dates change from those stated in the
Original MOU Scope of Work, indicate the new dates under Actual Schedule below and re- calculate the project duration
However, this does not change the onginal milestones in your MOU PER YOUR MOU AGREEMENT, ANY CHANGES TO
THE PROJECT SCHEDULE MUST BE FORMALLY SUBMITTED UNDER SEPARATE COVER TO METRO FOR WRITTEN
CONCURRENCE
MOU Milestones
Original MOU Schedule in Scope
of Work
Actual Schedule
Start Date
End Date
Start Date
End Date
Total Project Duration
(Months)
A Based on the comparison of the original and actual project milestone schedules above, project is (select
only one)
ROn schedule per original MOU schedule
Between 12 -24 months behind original schedule
Less than 12 months behind original schedule
More than 24 months behind original schedule
B Was the project design started within 6 months of the date originally stated in the MOU?
Yes ❑ No ❑ Not Applicable
C Was a construction contract or capital purchase executed within 9 months after completion of design /
specifications?
FYes
Reused 720/05
E] No ❑ Not Applicable
CI 5 2
� AIL
List tasks or milestones accomplished and progress made this quarter
If project is delayed, describe reasons for delay (this quarter). Pay particular attention to schedule
delays. If delay is for the same reason as mentioned in previous quarters, please indicate by writing
"Same as Previous Quarter ".
If the project is delayed (as
to resolve the delay.
Revised 7 /20/05
#4), include action items
or will be, undertaken
'OIJ
All expenses and charges, including grant and local match, must be itemized and listed below Each item listed must be
verifiable by an invoice and /or other proper documentation The total amounts shown here must be equal to this
quarter's expenditures listed on page 1 of this report All expenses and charges must be reflective of the approved
budget and rates as shown in the MOU Attachment C, Scope of Work Use additional pages if needed
Notes:
1 Local match spent in each quarter, must be in the appropriate proportion to Metro grant
2 All receipts, invoices, and time sheets, attached and included with this Expense Report must be listed and shown
under the Invoice Number column of the Itemized Listing (above)
Invoice Payment Information -
If you would prefer to have your invoice paid electronically via ACH please check her]
ACH Payments require that you complete an ACH Request Form and fax it to Accounts Payable at 213 -f
ACH Request Forms can be found at www metro net/callforpro)ects
I certify that I am the responsible Project Manager or fiscal officer and representative of
and that to the best of my knowledge and belief the information
stated in this report is true and correct
Signature
Title
Revised 7 /20/05
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056
ATTACHMENT F
LIST OF DOCUMENTS TO BE SUBMITTED TO CALTRANS
(FOR FEDERAL FUNDED PROJECTS)
NOTE Refer to the Local Assistance Procedure Manual (LAPM) for the Exhibits
Request for Authorization for Preliminary Engineering (PE)
1 Copy of approved FTIP sheet
2 Copy of LOA with MTA (only if RSTP, CMAQ, or Federal STIP funds are involved)
3 Field Review Form — Exhibit 7 -13.
4 Preliminary Environmental Study Form (PES) —Exhibit 6 -A
5 (A field review should be conducted at this stage and then the remaining documents could be
submitted During the field review all issues of the project such as Environmental & Right -
of -Way (R/W) should be identified and addressed)
6 Request for Authorization to Proceed with PE — Exhibit 3 -A
7 Request for Authorization — Data Sheets — Exhibit 3 -G.
8 Local Programs Agreement — Exhibit 4 -A (only if the agency plans to begin invoicing for PE
Phase prior to contract award)
NOTE The portion of PE work done prior to authorization is ineligible for federal participation.
The Master Agreement (if needed), Supplemental Agreement and PR2 will be initiated upon
receiving Exlubtt 4 -A. Invoices will be accepted only after execution of all of these agreements
Caltrans Encroachment permit must be obtained before the Request to Proceed with Construction
Phase if Caltrans R/W is involved
Request for Authorization for Utility Relocation
1 Request for Authorization to Proceed with Utility Relocation — Exhibit 3 -L.
2 Completed Project Prefix Checklist — Exhibit 3 -E (if previously not submitted)
3 Finance Letter — Exhibit 3 -F
4 Request for Authorization — Data Sheets — Exhibit 3 -G
5 Local Programs Agreement Checklist — Exhibit 4 -A (if not submitted previously)
6 Approved Environmental Document (After the authorization, the following documents
should be submitted)
7 Request for Specific Authorization- See Exhibit 14 -A (Utility relocation work can
commence only after the approval of Specific Authorization)
8 Fully executed Utility Agreement,
057
Request for Authorization for R/W Phase
1 Request for Authorization to Proceed with R/W —Exhibit 3 -B
2 Completed Project Prefix Checklist — Exhibit 3 -E (if previously not submitted)
3 Finance Letter — Exhibit 3 -F
4 Request for Authorization — Data Sheets — Exhibit 3 -G
5 Local Programs Agreement Checklist — Exhibit 4 -A (if not submitted previously)
6 Approved Environmental Document (if not submitted previously
Request for Authorization for Construction
1 Environmental Clearance Document.
2 R/W Certification —LAPM, Chapter 13
3 PS &E Certification— Exhibit 12 -C
4 PS &E Checklist — Exhibit 12 -D
5. Request for Authorization to Proceed with Construction — Exhibit 3 -C
6 Project Prefix Checklist — Exhibit 3 -E (if not previously submitted)
7 Preliminary Estimate
8 Finance Letter — Exhibit 3 -F
9 Request for Authorization — Data Sheets — Exhibit 3 -G
10 Local Programs Agreement — Exlubrt 4 -A
NOTE The Local Agency shall not advertise the project until they receive the authorization to
proceed with construction Every local agency must also have Quality Assurance Program
(QAP) — LAPM, Chapter 16 14, before advancing to Construction Phase. After a Program
Supplemental Agreement, Exhibit 4 -A, which includes all the phases of the project, will be
mailed to the Local Agency
058
Advertise and Award Proiect
1 Date work is scheduled to start
2 Local Agency Construction Contract Administration Checklist — Exlubit 15 -A
3 Resident Engineer Contract Administration Checklist — Exhibit 15 -B
4 Local Agency Project Advertise Checklist — Exhibit 15 -C
5 Bid Tabulation Summary Sheet — Exhibit 15 -D
6 National Highway System Bid Tabulation Data — Exhibit 15 -E
7. Bid Price Data — Exhibit 15 -F
8. Local Agency Bidder DBE Information — Exhibit 15 -G
9. Good Faith Effort Statement of DBE participation (if applicable) — Exhibit 15 -H.
10 Report of DBE Awards — Exhibit 15 -K
11 Local Agency Contract Award Checklist —Exhibit 15 -L
12 Detail Estimate and Detail Summary — Exhibit 15 -M
13 Local Programs Agreement Checklist— Exhibit 4 -A
14 Finance Letter — Exhibit 15 -N.
15 As advertised PS &E with all Addenda, is any
16 One copy of executed contract
17 List of contractor's material source
NOTE. After this PR2, Exhibit 4 -A, will be marled to the Local Agency The Local Agency can
start to invoice Caltrans after receiving this document. The progress invoices (LAPM, Chapter
5) are sent directly to Caltrans Accounting Service in Sacramento. Final Invoice should be sent
to Office of Local Assistance in Los Angeles
Proiect Completion
1 Cover Letter and Report of Expenditures Checklist — Exhibit 17 -A
2 Final Inspection of Federal Aid Projects — Exlubit 17 -B
3 Final Inspection Form FIF — Exhibit 17 -C.
4. Final Invoice — Exhibit 17 -D
5. Final Detail Estimate — LAPM, Chapter 15 7
6 Change Order Summary — Exhibit 17 -E
7 Date of Completion
8 Ligmdated Damages and Contractors Claim — LAPM, Chapter 16 15
9 Final Report, Utilization of DBE and WBE — Exhibit 17 -F.
10 Materials Certificate — Exhibit 17 -G
11 Form FHWA -47 — Exhibit 17 -H.
12 Cover Letter and Report of Completion of Structures on Local Streets & Roads — Exhibits
17- 1/17 -J
13 Report of Completion of Right of Way Expenditures (if applicable) — Exhibit 17 -K
059
vASM W
ATTACHMENT G CTC
DEC 13 2006
CAUFORNA
TRANWRTATM OOIi1 IM11
CALIFORNIA TRANSPORTATION COMMISSION
Amendment of STIP Guidelines
RESOLUTION G -06 -20
Replacing Resolution G -05 -07
11 WHEREAS Government Code Section 14530.1 requires the California Transportation
Commission to adopt guidelines for the development of the state transportation improvement
program (STIP) and permits the Commission to amend the guidelines after conducting a public
heanng,and
12 WHEREAS the Commission last amended the STIP guidelines on September28, 2005
(Resolution G-05-07), and
1 3 WHEREAS the Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of
2006, approved by voters as Proposition IB on the November 7, 2006 ballot, authorized $2
billion in general obligation bond proceeds to be available for projects in the STIP, to augment
funds otherwise available from other sources, and
14 WHEREAS State law permits the Commission, in consultation with the Department of
Transportation and regional agencies, to amend the STIP fund estimate to account for unexpected
revenues or other unforeseen circumstances, leading to an augmentation of the STIP, and
1 5 WHEREAS the Commission intends to adopt a revised fund estimate and to conduct a special
programming cycle to augment the 2006 STIP, and
16 WHEREAS on November 15, 2006, the Commission staff circulated and posted on the
Commission website proposed policies and procedures specific to the circumstances of the 2006
STIP augmentation and its fund estimate, and
1 7 WHEREAS the Commission staff has identified editorial corrections to the STIP guidelines to
incorporate a change in statute and the name of the executive director,
2.1 NOW THEREFORE BE IT RESOLVED that the Commission adopts the following two
amendments to the STIP guidelines
• In section 21, delete the sentence that reads, "If a regional agency receives Federal
metropolitan planning funds, however, the RTIP may program no more than one percent of
the county share for that agency "
• In section 72, replace "Diane C Eidam" with "John Bama "
and
2.2 BE IT FURTHER RESOLVED that the Commission adopts the attached policies and procedures
specific to the 2006 STIP, and
23 BE IT FURTHER RESOLVED that the Commission requests that the Department, in cooperation
with Commission staff, distribute copies of the STIP guidelines, as amended, together with the
policies and procedures specific to the 2006 STIP augmentation, to regional agencies, county
transportation commissions, and representatives of local agencies and transit agencies
CGO
Attachment to Resolution G -06 -20
STIP Guidelines
Policies and Procedures Specific to the 2006 STIP Augmentation
The Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006,
approved by voters as Proposition 1B on the November 7, 2006 ballot, authorized $2
billion in general obligation bond proceeds to be available for projects in the state
transportation improvement program (STIP), to augment funds otherwise available for the
STIP from other sources Under the Bond Act, the funds shall be deposited in the newly
created Transportation Facilities Account (TFA) and shall be available, upon appropriation
by the Legislature, in the same manner as other STIP funds
The California Transportation Commission has inaugurated a special STIP development
cycle to augment the 2006 STIP in advance of the development of the 2008 STIP When
the Commission adopted the 2006 STIP, funding constraints meant that many projects
proposed in regional transportation improvement programs (RTIPs) and in the
interregional transportation improvement program (ITIP) were either not programmed or
were programmed for years later than the years the projects could be delivered The
Commission's primary intent for having a 2006 STIP augmentation is to advance the
programming of funds for STIP projects that can be delivered prior to the adoption of the
2008 STIP The Commission also intends to provide an early opportunity to program new
STIP projects with the added capacity provided by the TFA bonds
The Commission's STIP Guidelines, as amended on September 28, 2005, apply to the
2006 STIP Augmentation The following specific policies and procedures address the
particular circumstances of the 2006 STIP Augmentation and fund estimate
• Schedule. The following schedule lists the major milestones for the development and
adoption of the 2006 STIP Augmentation
Caltrans presents draft fund estimate
CTC adopts fund estimate
Regions submit RTIPs
Caltrans submits ITIP
CTC STIP hearing, South
CTC STIP hearing, North
CTC publishes staff recommendations
CTC adopts STIP
November 8, 2006
December 14, 2006
Apnl 2, 2007
Apnl 2, 2007
April 25, 2007
May 2, 2007
May 17, 2007
June 7, 2007
• Statewide Fund Estimate The statewide capacity fund estimate for the 2006 STIP
fund estimate identifies the incremental new capacity beyond the capacity that had
been identified in the original 2006 STIP fund estimate This includes the new TFA
revenue and also net changes in estimated revenues from other STIP sources Those
changes are primarily due to changes in actual revenues for 2005 -06, changes made in
061
California Transportation Commission December 13, 2006
Policies and Procedures, 2006 STIP Augmentation
the 2006 -07 Budget Act, and a revised assumption about the receipt of tribal gaming
revenues
Availability of TFA bond revenues The fund estimate assumes for programming
purposes that all potential TFA bond revenues are available in 2007 -08 This means
that STIP funding pronosals to the 2006 STIP Augmentation will not be constrained by
fiscal vear The Commission expects that all STIP projects, including projects carried
forward from the original 2006 STIP, will be programmed in the fiscal year in which
they can be delivered The actual availability of TFA bond proceeds will be subject to
annual appropriation by the Legislature, and the Commission expects that the
Legislature will consider the level of programming in making appropriations
County shares and targets The fund estimate table of county shares and targets takes
into account all county and interregional share balances through the December 2006
Commission meeting, as well as the new statewide STIP capacity For each county
and the interregional share, the table identifies the following four target amounts
o Base This is the current unprogrammed share for each county and the
interregional program, through the December 2006 Commission meeting, without
the addition of any new statewide capacity The Commission expects to give
priority to fulfilling these shares in the 2006 STIP Augmentation
o Highway Target This target is determined by calculating the STIP formula share
of estimated revenues available for highways and other nontransit purposes (i e,
excluding Public Transportation Account revenues) through 2010 -11 It is not a
minimum, guarantee, or limit on project nominations or project selection in any
county or region for the 2006 STIP Augmentation
o Total Target This target is determined by calculating the STIP formula share of
all available revenues, including Public Transportation Account revenues,
through 2010 -11 It is not a minimum, guarantee, or limit on project nominations
or project selection in any county or region for the 2006 STIP Augmentation
o Maximum This target is determined by calculating the STIP formula share of all
available revenues, including Public Transportation Account revenues, through
the end of the county share period that extends beyond the STIP period, 2011 -12
This represents the maximum amount that the Commission may program in a
county, other than advancing future share to a county under I million population
pursuant to Streets and Highways Code Section 188 80)
Prior Programming All projects programmed in the 2006 STIP, as amended through
the December 2006 Commission meeting, are treated as prior programming and do not
count against new programming targets Caltrans and regional agencies may propose
changes in currently programmed projects, including changes in program year and
changes in programmed cost The Commission will not change the program year of
any project component now programmed for 2006 -07 or earlier, except for Caltrans
environmental, design, or right -of -way work where Caltrans indicates that work has not
yet begun or has been suspended and it is proposed to delete the work from the STIP or
2 0 62
California Transportation Commission December 13, 2006
Policies and Procedures, 2006 STIP Augmentation
to delay the beginning of work until 2008 -09 or later Where work is suspended, the
amount of expenditure to date will remain as programmed
• Transportation Enhancements (TE). The 2006 STIP augmentation includes no new TE
capacity However, Caltrans and regions may propose TE amendments within existing
capacity, including amendments to designate TE reserves for specific TE projects
• Advance Proiect Development Element (APDE). There is no APDE identified for the
2006 STIP or for the 2006 STIP Augmentation
• GARVEE bonding and AB 3090 commitments The Commission will not consider
proposals for either GARVEE bonding or new AB 3090 commitments as part of the
2006 STIP Augmentation
• No Federal Funding There is no federal funding for the 2006 STIP Augmentation
For this reason, there is no limitation on state -only funding for highway and road
projects and no need to identify transit projects as qualifying for federal funding
• Limitations on planning, programming, and monitoring (PPM) AB 2538 (2006)
amended the statutes to permit regional agencies in all counties to receive up to 5% of
their county shares for planning, programming, and monitoring The fund estimate
includes a revised table of PPM limitations that incorporates the 5% limit and includes
the new capacity in the base. The Commission will program additional PPM within
these limits as proposed for 2007 -08 and later fiscal years The amounts in the table
include amounts already programmed or allocated within the designated county share
periods
• Commission expectations and pnonties. For the 2006 STIP Augmentation, the
Commission expects to give first priority to the reprogramming of projects from the
original 2006 STIP and to projects to fulfill the current unprogrammed share balances
identified through December 2006 The selection of projects for additional
programming will be consistent with the standards and criteria in the STIP guidelines
• Performance Measures The inclusion of specific performance measures in the 2006
STIP Augmentation cycle is to provide regional agencies and Caltrans the opportunity
to demonstrate how the goals and objectives contained in each Regional Transportation
Plan (RTP) or the Interregional Transportation Strategic Plan (ITSP) are linked to the
program of projects contained in each RTIP and the ITIP With this in mind, each
agency and Caltrans is being asked to provide a quantitative and/or qualitative
evaluation of their respective RTIPs and the ITIP, commenting on each of the
performance indicators and performance measures outlined in Table A. Attachment 1
has been developed to assist agencies with this task Attachment 1 will be considered
the evaluation report for the 2006 STIP Augmentation cycle and will fulfill the
requirement outlined in Section 19 of the STIP Guidelines
The overarching goal for using performance measures in the 2006 STIP Augmentation
cycle is to continue a systematic and reliable process that all agencies can use to guide
transportation investment decisions and to demonstrate the benefits of proposed
063
California Transportation Commission December 13, 2006
Policies and Procedures, 2006 STIP Augmentation
transportation system investments The information gathered in this STIP cycle will
not only provide information on how performance measures are currently applied and
reported across the state, but will also provide insight into improving performance
measures, data collection and performance reporting procedures and integrating the
results to enhance decision making The information collected in Attachment 1 may
also guide future revisions to the STIP, Regional Transportation Plan (RTP) and
Project Study Report (PSR) guidelines with the objective of strengthening the
continuity and consistency from goal and objective setting to project selection and
performance reporting
4 061
California Transportation Commission December 13, 2006
Policies and Procedures, 2006 STIP Augmentation
Attachment I
Part A:
Complete Part A
Use the following to indicate quantitatively how the Regional Transportation Improvement Program (RTIP) or
the Interregional Transportation Improvement Program (ITIP) is consistent with the goals established in your
Regional Transportation Plan (RTP) or the Interregional Transportation Strategic Plan (ITSP) If any of the
performance measures in Part A do not reflect the goals contained in an RTP/ITSP or if an RTIP /ITIP does not
contain goals that are measurable by the performance measures contained within, simply state "not applicable
(no)" for each indicator or each performance measure (where appropriate)
Perfomwnce Indicators and Measures
Relation to SM
Garmt
Aol&W
indicator
Seeho r 19
Pe4ornmice Measures
Syrsf®
1niP8et of
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Mode
IEVd"
Measures
(Baseline)
2
Fatalities Nebcle Wes Traveled MAT)
2
Fatal Colinas / VMr
Roadway
Regim
Safety
2
1gMYColbsas/ VMr
2
Trmmt
I Mode
FatalitielPasaiger Miles
I
Passerw Horns of DdW / Year
Mobility
Roadway
Region
V
Average Peak Penodl}avd Titre
I
AverageN nPeak PenodTmvd Tune
ofpopnlanmwithin 114inieofarad std
Accesabhty
4(also 1,3,47)
Tratmt
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alas route.
I
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Travel Time Variability
Rehabihty
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Made
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7
Roadway
Average Peak Period Vetncle Trips
vaicles
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Average Daffy Vdncle Trips
7
7
Aveage Peak Period Vehicle Trips Mdtiphed by the
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cbm
cy �
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Average Daily Veicle Trips MAtiphed by the
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tb Waoi;yRate
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Total manber ofAshessed Lurie Miles
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3
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+L,,,J
Candor- Route or mwesegoeois that are ideMfied bytegiors and claduars as beingsigmfican w the tratspatahm sysM
Regon- Region or cautycoinnssim that is responsible for RTIP submttal
Mode - Owoftlie fdlowoi uarsit trail, heavyrad, comruterrad troll and all forts oflow trmmt
5 065
California Transportation Commission December 13, 2006
Policies and Procedures, 2006 STIP Augmentation
Part B:
If Part A alone is insufficient in indicating how progress towards attaining goals and
objectives contained in each RTP and the ITSP is assessed and measured, complete Part B
Include the following information
• List your performance measures
• Provide a quantitative and/or qualitative analysis (include baseline measurement
and projected program or project impact)
• State the reason(s) why selected performance measure or measures are accurate and
useful in measuring performance Please be specific
• Identify any and all deficiencies encountered in as much detail as possible
Provide a quantitative evaluation and/or qualitative explanation of how the goals and
objectives contained in the Regional Transportation Plan (RTP) or the Interregional
Transportation Strategic Plan (ITSP) are linked to the program of projects contained in the
RTIP and the ITIP
For qualitative explanations, state how progress towards attaining goals and objectives
contained in each RTP and the ITSP is assessed and measured If performance indicators
and/or performance measures used by an agency are different from those outlined in Table
A of the Guidelines and as provided in Attachment 1, describe the method(s) used
If the quality or quantity of data required to demonstrate the linkage between an RTIP /ITIP
and the associated RTP/ITSP quantitatively is in question, describe the quality and quantity
of data that are available, being sure to highlight those instances where data are not available
Where data are unavailable, please describe data deficiencies in as much detail as possible
Part C:
For new projects for which construction of a large new facility or a substantial expansion of
an existing facility is proposed and over 50% of a county's target for new programming as
identified in the find estimate is applied or is over $SO million in total project costs, a
project level evaluation is preferable
If a project -level evaluation is conducted, Table A should be used for reference
6 �66
MOUILOA P0006330 [Project#6330]
ATTACHMENT H
SPECIAL GRANT CONDITIONS
Project Sponsor is receiving supplemental funds in the amount of $5,380,500 in Prop C
and RSTP Funds Project Sponsor shall expend the supplemental Prop C Funds by June 30,
2008, and encumber the supplemental RSTP Funds by June 30, 2008
067
Boilerplate date 08 7 06 18
TO THE EL SEGUNDO CITY COUNCIL MEETING DATE: June 19, 2007
AGENDA ITEM STATEMENT AGENDA HEADING: COMMITTEES, COMMISSIONS & BOARDS
AGENDA DESCRIPTION:
Consideration and possible action regarding the announcement of the appointment of
candidates to the Recreation and Parks Commission, Planning Commission, Library Board of
Trustees and Senior Citizen Housing Corporation Board, and postpone interviews for
Investment Advisory Committee, Community Cable Advisory Committee and Capital
Improvement Program Advisory Committee until October 16, 2007
RECOMMENDED COUNCIL ACTION-
Recommendation - (1) Announce the appointees to the Recreation and Parks Commission,
Planning Commission, Library Board of Trustees and Senior Citizen Housing Corporation
Board, if any, (2) Postpone interviews of Investment Advisory Committee, Community Cable
Advisory Committee and Capital Improvement Program Advisory Committee until October 16,
2007, (3) Alternatively, discuss and take other action related to this item
BACKGROUND & DISCUSSION.
Committee /Commission and Board # of Openings Appointee(s) Term Expire(s)
Recreation and Parks Commission 1 05/30107
Planning Commission 2 06/30/07
Library Board of Trustees 2 06/30/07
Senior Citizen Housing Corp Board 2 06/30/07
ATTACHED SUPPORTING DOCUMENTS:
REVIEWED
ti
Assistant
City Manager
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CITY OF EL SEGUNDO
PAYMENTS BY WIRE TRANSFER
5/25/2007 THROUGH 6/7/2007
Date
Payee
Amount
Description
5/30/2007
Health Comp
68652
Weekly claims 5124
5131/2007
Employment Development
44,381 84
State Taxes
5/31/2007
IRS
219,966 59
Federal Taxes
5/3112007
Unum Provident
41070
LTD insurance
6/112007
State of CA
1,301 54
Child support withholdings
6/1/2007
Federal Reserve
15000
Employee I Bonds
6/1/2007
Federal Reserve
15000
Employee EE Bonds
6/1/2007
Nationwide Retirement
25,314 05
457 contributions
6/5/2007
Cal Pars
340,919 35
Health
6/6/2007
Cal Pers
250,607 47
Retirement
6/6/2007
Lane Donovan Golf Ptr
19,918 12
payroll transfer
6/6/2007
Health Comp
2,40030
Weekly claims 611
5/25- 617/07
Workers Comp Activity
31,297 59
SCRMA checks issued
937,504 07
DATE OF RATIFICATION: 6/19/07
TOTAL PAYMENTS BY WIRE:
Certified as to the accuracy of the wire transfers by
Deputt Treas rer Date
4 //7/0 7
Date
on actual expenditures is available in the City Treasurers Office of the City of El Segundo
937,504.07
0 7
REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, JUNE 5, 2007 - 5 00 P M
5 00 P M SESSION
CALL TO ORDER — Mayor Pro Tern Busch at 5 01 p m
ROLL CALL
Mayor McDowell -
Present — arrived at 5.50 p m
Mayor Pro Tern Busch -
Present
Council Member Boulgandes -
Present
Council Member Fisher -
Present — arrived at 5 02 p m
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.
Mark Hensley, City Attorney, announced that Council would be meeting in closed session pursuant
to items identified on the agenda
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)) — 2
matters
City of El Segundo vs City of Los Angeles, et al LASC No. BS094279
Lafayette vs City of El Segundo LASC No YC054912
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 8) -0- matter �J
MINUTES OF THE REGULAR CITY COUNCIL MEETING
JUNE 5, 2007
PAGE NO 1
071
SPECIAL MATTERS -0- matter
Council recessed at 6 50 p m
MINUTES OF THE REGULAR CITY COUNCIL MEETING
JUNE 5, 2007
PAGE NO 2
072
REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, JUNE 5, 2007 - 7 00 P M.
7 00 P M SESSION
CALL TO ORDER — Mayor McDowell at 7 00 p m
INVOCATION — Pastor Dino Tumbaun, St John's Lutheran Church
PLEDGE OF ALLEGIANCE — Mayor Pro Tern Eric Busch
PRESENTATIONS —
(a) Recognition of Police Officer Dean Howard, Fire Captain Hal Nixt, Teacher of the Year
Virginia Keane White and Postal Employee Brian Henry, the recipients of the "2007
Community Service Award" from the El Segundo Rotary Club.
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
Gad Church, Tree Muskateers, spoke regarding the retaining wall project at the softball field
Stated Tree Musketeers was not objecting to the removal of some trees for structural reasons
Kathryn Ebenhower, resident, stated that there has been an increase in the amount of airplane
flyovers, and requested the Council to investigate
Jack Kenton, resident, spoke regarding the sand dunes located between Hyperion and homes on
the west side of town He also encouraged Council to make the location into a natural reserve for
public use Also spoke regarding airport improvements on the North side as well as the South
side of the airport
MINUTES OF THE REGULAR CITY COUNCIL MEETING
JUNE 5, 2007
PAGE NO 3
073
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 Mayor Pro Tem Busch to read all
ordinances and resolutions on the Agenda by title only MOTION PASSED BY UNANIMOUS
VOTE 510
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)
Debra Brighton, Library Director, gave a report
MOTION by Council Member Jacobson, SECONDED by Council Member Boulgardes to adopt
Resolution No 4509 establishing a revised and restated fines and fees schedule to library services
for the cancellation of public Internet fees MOTION PASSED BY UNANIMOUS VOICE VOTE
5/0
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
MOTION by Council Member Boulgandes, SECONDED by Mayor Proem Busch to 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 MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0
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) ]
MINUTES OF THE REGULAR CITY COUNCIL MEETING
JUNE 5, 2007
PAGE NO 4
07 4
Jeff Stewart, City Manager, gave a report
MOTION by Mayor Pro Tem Busch, SECONDED by Mayor McDowell to move this item to the
Strategic Planning Session for consideration with the Capital Improvement Program budget
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
4 Approved Warrant Numbers 2559644 to 2559964 on Register No 16 in the total amount of
$2,182,623 47 and Wire Transfers from 5/4/07 through 5/24/07 in the total amount of
$2,156,601 97 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
Approved the Regular City Council Meeting Minutes of May 15, 2007
PULLED FOR DISCUSSION BY MAYOR PRO TEM BUSCH
7 Awarded Standard Public Works Contract No 3728 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 Protect No. 600858 -06 (Fiscal Impact $182,201)
Authorized the City Manager to execute Contract in a form as approved by the City
Attorney
8 PULLED FOR DISCUSSION BY COUNCIL MEMBER BOULGARIDES
9 Adopted and specifications for pavement rehabilitation on the westbound lanes of
Rosecrans Avenue from Douglas Street to Sepulveda Boulevard and authorized staff to
advertise the project for receipt of construction bids Protect No PW 07 -08 (Estimated cost
$270,000 00).
10 Approved Amendment No 3688B to a Professional Services Agreement between JAS
Pacific Inc and the City of El Segundo for plan check services (Fiscal Impact: $25,000)
Authorized the City Manager to sign the Amendment approved as to form by the City
Attorney
11 Approved Purchase Agreement No 3719 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 account) Authorized the City Manager to execute the Agreement approved
by the City's special counsel for Federal Communications Commission (FCC) matters
MINUTES OF THE REGULAR CITY COUNCIL MEETING
JUNE 5, 2007
PAGE NO 5
0 '73
12 Consideration and possible action regarding award of contracts to: Tron Construction, Inc
for construction related to Group 19 (29 residents), Contract No 3720 and Professional
Budding Contactors, Inc. for construction related to Group 20 (22 residents) Contract No
3721 of the Residential Sound Insulation (RSI) Program (Fiscal Impact estimated
construction cost and retention $2,684,196) Authorized the City Manager to execute
construction contracts in a form approved by the City Attorney
13. Approved the examination plan for the Personnel Merit System fob classification of Office
Specialist II (Fiscal Impact None)
MOTION by Council Member Fisher, SECONDED by Council Member Jacobson to approve
Consent Agenda Item Numbers 4, 5, 7, 9, 10, 11, 12 and 13 MOTION PASSED BY UNANIMOUS
VOICE VOTE. 510
CALL ITEMS FROM CONSENT AGENDA
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)
MOTION by Mayor Pro Tern Busch, SECONDED by Council Member Boulgandes to approve
corporate logos to be placed on playing surfaces at the Athletic Facility at 2201 E Mariposa
Avenue pursuant to the Athletic Facility Naming Rights License Agreement with Thomas Properties
Group and as reviewed by the Recreation and Parks Commission Authorized the City Manager to
execute Amendment No 2976 L 1 to the existing reimbursement Agreement No 2976 L 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 Appropriated funds provided by the
TPG amendment to the Athletic Field Project Authorized the Director of Public Works to execute a
Change Order to the existing Public Works Agreement No. 3680 with Ohno Construction Company
in the amount of $85,300 to install the field logos on synthetic grass at the Athletic Facility with the
correct financial amounts MOTION PASSED BY UNANIMOUS VOICE VOTE 5/0
8 Consideration and possible action to adopt plans and specifications for the Recreation
Park Baseball Field and softball Field Lighting Replacement and Replacement of the
Baseball Field Scoreboard and authorized staff to advertise the protect for receipt of
construction bids Project No PW 07 -07 (Estimated cost $123,000 00)
MOTION by Council Member Boulgarides, SECONDED by Mayor Pro Tem Busch to adopt plans
and specifications for the Recreation Park Baseball Field and softball Field Lighting Replacement
and Replacement of the Baseball Field Scoreboard and authorized staff to advertise the project for
receipt of construction bids Project No PW 07 -07 (Estimated cosy $123,000 00) MOTION
PASSED BY UNANIMOUS VOICE VOTE 5/0
F NEW BUSINESS
MINUTES OF THE REGULAR CITY COUNCIL MEETING
JUNE 5, 2007
PAGE NO 6
076
14 Consideration and possible action to retain Tony Rice to provide legislative advocacy
services In Sacramento through September 30, 2007 (Fiscal Impact: $6,000)
Jeff Stewart, City Manager, gave a report
MOTION by Mayor Pro Tem Busch, SECONDED by Council Member Fisher to authorize the City
Manager to execute Agreement No 3717, in a form approved by the City Attorney, with Tony Rice
to provide legislative advocacy services in Sacramento through September 30, 2007 MOTION
PASSED BY UNANIMOUS VOICE VOTE 5/0
G REPORTS — CITY MANAGER
H. REPORTS — CITY ATTORNEY
REPORTS — CITY CLERK
15 Consideration and possible action regarding cancellation of the July 3, 2007 City Council
Meeting
MOTION by Council Member Boulgandes, SECONDED by Council Member Jacobson to approve
cancellation of the July 3, 2007 City Council Meeting MOTION PASSED BY UNANIMOUS VOICE
VOTE 5/0
REPORTS — CITY TREASURER - None
K. REPORTS — CITY COUNCIL MEMBERS
Council Member Fisher - None
Council Member Jacobson — Spoke regarding a second Edison transformer falling in a residential
neighborhood
Council Member Boulgandes — Request to agendize an item for consideration for an art project for
the wall of the Douglas Street Gap Closure project. Also requested to agendize for consideration,
replacement of the City vehicles and infrastructure with environment friendly alternatives Also
spoke regarding the quality of air in El Segundo and requested to agendize an item for possible air
quality monitoring in residential areas
Mayor Pro Tern Busch — Spoke regarding an incentive for business to either donate monies for art
projects or develop them privately He requested this to be included in Council Member
Boulgandes item
Mayor McDowell — Spoke regarding another Edison transformer falling on Grand Avenue He
requested the Council intensify efforts in having Edison respond to their aging infrastructure and
maintenance problems
MINUTES OF THE REGULAR CITY COUNCIL MEETING
JUNE 5, 2007
PAGE NO 7
077
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. - NONE
CLOSED SESSION - NONE
ADJOURNMENT at 8 00 p m.
Cindy Mortesen, City Clerk
MINUTES OF THE REGULAR CITY COUNCIL MEETING
JUNE 5, 2007
PAGE NO 8
078
EL SEGUNDO CITY COUNCIL MEETING DATE: June 19, 2007
AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION-
Consideration and possible action regarding the award of contract to Palp, Inc DBA Excel
Paving Company for the reconstruction of Virginia Street between Sycamore Avenue and
Maple Avenue to enhance drainage - Approved Capital Improvement Program - Project No.
PW 07 -04 - (Fiscal Impact = $86, 993)
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 Excel Paving Company, in the
amount of $86,993 00 for construction of the Virginia Street Improvements, and, (2)
Alternatively discuss and take other action related to this item.
BACKGROUND & DISCUSSION:
Currently, the west side of Virginia Street between Sycamore Avenue and Maple Avenue has
a problem with storm water flooding resident's properties due to low curbs and properties
which slope away from the street Residents of this block have requested that this area be
improved to eliminate this problem This project provides for the reconstruction of street
pavement, curb, driveway approaches and one handicap ramp
(Background and Discussion continue on the next page...)
ATTACHED SUPPORTING DOCUMENTS:
Location map
FISCAL IMPACT:
Operating Budget. $135,000
Amount Requested: $ 86,993
Account Number: 301 -400- 8203 -8951
Project Phase: Award of contract
Appropriation Required. No
ORIGINA ED DATE: �7
St a on, Di ctor c f PuW Works
REVIEWED DATE:
Jeff t ity Manager
079
BACKGROUND AND DISCUSSION CONTINUED:
On May 15, 2006, the City Council approved plans and specifications and
authorized staff to advertise the project for receipt of construction bids
On June 5, 2007 the City Clerk received and opened five (5) bids Staff
recommends award of contract to the lowest responsible bidder, Excel Paving
Company, in the amount of $86, 993 00. Excel Paving is a well qualified
contractor with verified successful experience with similar projects
BID RESULTS
1 Excel Paving Company $86,993.00
2 Damon Construction Co $102,02835
3 Sequel Contractors, Inc $103,36800
4 EBS, Inc $111,111 00
5 Alliance Streetworks, Inc $116,42500
This project is funded through the FY 2006 -2007 Capital Improvement Program
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EL SEGUNDO CITY COUNCIL MEETING DATE: June 19, 2006
AGENDA ITEM STATEMENT AGENDA HEADING: Consent Aqenda
Consideration and possible action regarding approval of an Amendment No 1 to a
Memorandum of Understanding (MOU) between City of El Segundo and the Los Angeles
County Metropolitan Transportation Authority (MTA) setting the terms and conditions to
Increase the amount of grant funding to $3,250,000 for the Nash Street/Douglas Street One -
Way to Two -Way Street Conversion Project and approval of the expenditure of Traffic
Mitigation fees of $1,750,000 to cover the required 35% local match
METRO MOU No P0008079
(Fiscal Impact MTA Grant Revenue of $3,250,000 and Traffic Mitigation fees $1,750,000)
RECOMMENDED COUNCIL ACTION.
Recommendation — (1) Approve Amendment No 1 to Memorandum of Understanding, (2)
Authorize the City Manager to execute the Amendment No 1, approved as to form by the City
Attorney, (3) Approve expenditure of Traffic Mitigation fees in the amount of $1,750,000 to
cover the required 35% local match, and /or (4) Alternatively, discuss and take other action
related to this item
BACKGROUND & DISCUSSION:
(Background and discussion continued on the next page )
ATTACHED SUPPORTING DOCUMENTS.
Draft of Amendment No 1 to Memorandum of Understanding No P0008079
FISCAL IMPACT: $1,750,000 matching funds from Traffic Mitigation fees & MTA Grant Revenue of
$3,250,000 Proposition "C" Revenues
Capital Improvement Budget.
Amount Requested,
Account Number,
Protect Phase:
Appropriation Required-
$4,100,000 (Traffic Mitigation fees), and
$3,250,000 (MTA Grant funds)
$1,750,000 (Traffic Mitigation fees), and
$3,250,000 (MTA Grant funds)
702 - 400 - 8141 -8646 (Traffic Mitigation fees), and
301 - 400 - 8203 -8940 (MTA grant funds)
Approval of 35% local match ($1,750,000), and
Approval of MOU ($3,250,000)
_Yes X No
ORIGIN TED B DATE:
V/3 0 7
S ven Inton Director of Public Works
REVIEWED � DATE. YV
Jeff Stewa Ity Manager
7
o8„
BACKGROUND & DISCUSSION: (continued)
On January 16, 2001, the City Council authorized staff to submit an application to the MTA for
grant funding for the conversion of Nash /Douglas Streets from one -way to two -way operation
On February 21, 2006, the City Council approved a Memorandum of Understanding setting the
terms and conditions for receipt of grant funding in the amount of $1,207,000 The City's
required 35% local match under this MOU is $649,900
The 2006 Metro Call for Projects included Supplemental Funding Application This application
was only for projects which previously received Call for Projects funding The City applied for
additional $3,143,000 for the Nash Street/Douglas Street One -Way to Two -Way Street
Conversion Project The additional funding will be used for the traffic signal modification costs
increases This is an increase of 250% since submittal to the 2001 Call for Projects
The METRO Board, at their January 25, 2007 meeting, approved Call for Projects
supplemental funding of $2,043,000 The MTA total amount of funds available for this project
is $3,250,000, this increases the City's required 35% local match to $1,750,000
On August 15, 2006, City Council approved an agreement with VA Consulting, Inc to prepare
environmental assessment report and engineering design for the conversion project The
design of the project is almost complete Staff will submit a request at the next City Council
meeting for adoption of Plans and Specifications and receipt of construction bids
The Assistant City Attorney reviewed and approved the amendment No 1 to the existing MOU
between the City of El Segundo and the Los Angeles County Metropolitan Transportation
Authority
083
AMENDMENT NO 1 - MOU P0008079
AMENDMENT No. 1 TO MEMORANDUM OF UNDERSTANDING
BETWEEN CITY OF EL SEGUNDO AND
THE LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY
This Amendment No 1 to Memorandum of Understanding (this
"Amendment "), is dated as of May 2, 2007, by and between City of El Segundo ( "Grantee "),
and the Los Angeles County Metropolitan Transportation Authority ( "METRO ")
RECITALS
A. Grantee and METRO entered into that certain Memorandum of
Understanding No MOU.P0008079 dated November 15, 2005, (the "Existing MOU "), which
Existing MOU provides for a grant of $1,207,000 in Proposition 25% funds for the Nash
Street /Douglas Street One -Way to Two -Way Conversion, (the "Project"); and
B. The METRO Board, at their January 25, 2007 meeting, approved Call
for Projects supplemental funding of $2,043,000 in Proposition C 25% funds to Grantee to
meet funding shortfalls, and
C. Whereas, the amended and restated TOTAL Project funding by
METRO, including all available grant and programmed funds for the project is $3,250,000 as
provided in this MOU.
D Whereas, as part of this approval the METRO directed that the
$2,043,000 be fully expended by June 30, 2008; and
E Grantee and METRO desire to amend the Existmg MOU as provided
herein
AGREEMENT:
NOW, THEREFORE, for good and valuable consideration, the receipt and
adequacy of which are hereby admowledged, the parties hereby agree as follows:
1 Part 1, Paragraph 2 of the Existing MOU is hereby amended to add the
following to the end thereof: "METRO Board action of January 25, 2007 added supplemental
Proposition C 25% funds of $2,043,000 to the Project The total amount of Funds available
for the Project under this MOU is $3,250,000 " -
2 Part 2, Paragraph 81(iv) of the Existing MOU is hereby amended by
deleting it in its entirety and replacing it with the following: "All existing Funds
programmed for FY 2005 -06 are subject to lapse by June 30, 2008; and Funds programmed
for FY 2006 -07 are subject to lapse by June 30, 2009. The supplemental funds in the amount
of $2,043,000 are subject to lapse by June 30, 2008 Grantee shall expend such Funds by the
lapsing date"
Rev 09 12 06 Page 1 of 3 X 8 4
AMENDMENT NO 1 — MOU P0008079
Attachment A of the Existing MOU is hereby replaced by Attachment
A -1, attached
Attachment B of the Existing MOU is hereby replaced by Attachment
B -1, attached.
5. Attachment F is hereby added as a special condition to the amended
Existing MOU, attached.
6 Part 1, Paragraph 9 of Existing MOU is hereby amended to change
METRO's project manager to Fulgene Asuncion.
7 Except as expressly amended hereby, the Existing MOU remains in full
force and effect as originally executed All rights and obligations of the parties under the
Existing MOU that are not expressly amended by this Amendment shall remain unchanged.
ri85
Rev 09 12 06 Page 2 of 3
AMENDMENT NO. 1— MOU.P0008079
IN WITNESS WHEREOF, the parties have caused this Amendment No 1 to
be duly executed and delivered as of the above date
CITY OP EL SEGUNDO
By
Jeff Stewart
City Manager
By:
Cindy Mortesen
City Clerk
By
Mark Hensley
City Attorney
LOS ANGELES COUNTY
METROPOLITAN TRANSPORTATION
AUTHORITY
By:
Roger Snoble
Chief Executive Officer
Approved as to form.-
Raymond G. Fortner, Jr.
County Counsel
By.
Rev 0912.06 Page 3 of 3
Date-
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Call for Projects - Nash Street /Douglas Street One -Way to Two -Way Conversion, Project #8079 -
Memorandum of Understanding (MOU), MOU P0008079
ATTACHMENT F
SPECIAL GRANT CONDITION
The appmvedsupplemental fimdmg- of $2,043,000 ut Proposition -C 25% funds shall
be fully expended by June 30, 2008.
Boilerplate date 08 7 06
'ssA
EL SEGUNDO CITY COUNCIL
AGENDA ITEM STATEMENT
MEETING DATE: June 19, 2007
AGENDA HEADING: Consent
Consideration and possible action regarding adoption of a resolution amending Resolution No
4162 restricting parking on Coral Circle from 10.00 p m to 5 00 a m (Fiscal impact $2,000,
sign installation cost)
COUNCIL ACTION:
(1) Adopt a resolution amending Resolution No 4162 restricting parking on Coral Circle from
10 00 p m to 5 00 a m (2) Alternatively discuss and take other action related to this item
BACKGROUND & DISCUSSION-
Presently on Coral Circle between Douglas Street and Douglas Street, there are no parking
restrictions In 2004, and in an effort to assist a business on Coral Circle, parking restrictions
were removed for a trial period Prior to that time, parking was restricted per Resolution No
4162 Subsection 1 1 30, "No Parking at Any Time " Currently, businesses on Coral Circle have
voiced concern and have requested parking restrictions at night to reduce long term and truck
parking Staff is recommending that Coral Circle from Douglas Street to Douglas Street be
posted with "No Parking 10 00 p.m to 5 00 am No Exceptions" per Subsection 1 3 of
Resolution No 4162 to address these businesses concerns
ATTACHED SUPPORTING DOCUMENTS-
Map
Draft Resolution
FISCAL IMPACT-
Operating Budget:
$2,000
Amount Requested.
NA
Account Number.
001 - 300 -4205 -6206
Project Phase- NA
Dan Garcia. Assistant
Jeff
E93
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RESOLUTION NO.
A RESOLUTION AMENDING RESOLUTION NO. 4162 REGARDING THE REMOVAL OF
"NO PARKING AT ANY TIME" ON CORAL CIRCLE BETWEEN DOUGLAS STREET
AND DOUGLAS STREET AND REPLACING IT WITH "NO PARKING 10:00 PM TO 5:00
AM NO EXCEPTIONS"
The City Council of the City of El Segundo does resolve as follows
SECTION 1 Section 1 — Subsection 1 1 and Subsection 1 3 of Resolution 4162 is
amended to read as follows
1 Subsection 1 1 30 CORAL CIRCLE Douglas St to Douglas St is deleted
2 Subsection 1 1 40 CORAL CIRCLE- Douglas St to Douglas St is added
SECTION 2. The City Clerk is directed to certify the adoption of this Resolution, record
this Resolution in the book of the City's original resolutions, and make a minute of the adoption
of the Resolution in the City Council's records and the minutes of this meeting
SECTION 3 This Resolution will become effective immediately upon adoption and will
remain effective until superseded by subsequent resolution or ordinance
PASSED, APPROVED and ADOPTED this 19th day of June, 2007
Kelly McDowell, Mayor
of the City of El Segundo,
California
G 9 1
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO 1
I, Cindy Mortesen, City Clerk of the City of El Segundo, California, hereby certify that the whole
number of members of the City Council is five, that the foregoing Resolution No was
duly passed and adopted by said City Council, approved and signed by the Mayorof said City,
and attested to by the City Clerk of said City, all at a regularly scheduled meeting of said
Council held on 19th day of June 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 AS
Mark D Hensle%
M
Karl H. Berger
Assistant City,
092
EL SEGUNDO CITY COUNCIL MEETING DATE: June 19, 2007
AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action regarding approval of an amendment to a Pipeline License
Agreement (Contract 2478) with Air Products Manufacturing Corporation to extend the length
of pipelines in Kansas Street (377 additional feet) and Grand Avenue (168 additional feet) to
provide nitrogen, hydrogen and compressed air service to facilities operated by International
Rectifier Corporation at 1521 Grand Avenue per Environmental Assessment No 751 and
Smoky Hollow Specific Plan Review No 07 -03 as approved by the Planning Commission
(Fiscal Impact = $5,400, annual license fee)
RECOMMENDED COUNCIL ACTION-
(1) Approve an amendment to the Pipeline License Agreement (Contract 2478) with Air
Products Manufacturing Corporation in a form as approved by the City Attorney to extend the
length of pipelines in Kansas Street (377 additional feet) and Grand Avenue (168 additional
feet) to provide nitrogen, hydrogen and compressed air service to facilities operated by
International Rectifier Corporation at 1521 Grand Avenue per Environmental Assessment No
751 and Smoky Hollow Specific Plan Review No 07 -03 as approved by the Planning
Commission, and (2) Alternatively discuss and take other action related to this item
BACKGROUND & DISCUSSION:
(Please see "Background and Discussion" on following page)
ATTACHED SUPPORTING DOCUMENTS.
Map
Proposed Second Amendment to Pipeline License Agreement
First Amendment to Pipeline License Agreement
Original Pipeline License Agreement (Contract 2478)
FISCAL IMPACT:
Operating Budget:
NA
Amount Requested,
NA
Account Number.
NA
Project Phase,
NA
Appropriation Required.
No
RIGINAT Y: DATE: S -3G, -O7
Dan Garcia, A tanV i Engineer
teve on, Director of Public Works
DATE ` /('1
093
it
BACKGROUND & DISCUSSION- (continued)
On November 5, 1996, the City of El Segundo entered into a Pipeline License Agreement with
Air Products Manufacturing Corporation (Air Products) to install and maintain pipelines in
Kansas Street and Grand Avenue to convey nitrogen gas to International Rectifier Corporation
facilities On September 16, 1997, Council approved an amendment (Amendment No 1) to
the Pipeline Agreement to also permit the installation of hydrogen lines and a compressed air
line between International Rectifier Corporation (International Rectifier) facilities at 233, 222,
and 330 Kansas Street and 1521 Grand Avenue Where possible, all lines share a common
trench
In addition to the pipelines covered under the agreement, Air Products maintains pipelines on
private property leased by International Rectifier at 222 Kansas Street International Rectifier
will loose its lease at 222 Kansas Street in the near future To accommodate the loss of this
facility, Air Products has requested that the Pipeline License Agreement be amended to permit
the relocation of pipelines from 222 Kansas Street into the public right -of -way to maintain Air
Products service to International Rectifier facilities at 330 Kansas Street and 1521 Grand
Avenue
The recommended Second Amendment will provide forthe relocation of Air Products Pipelines
into the Kansas Street (473 lineal feet) and in Grand Avenue (168 lineal feet) consisting of 3"
diameter nitrogen and 1" diameter hydrogen pipelines The Amendment also increases the
annual License Fee from $2,500 to $5,400 due to the increased length of pipelines
Environmental Assessment No. 751 and Smoky Hollow Specific Plan Review No 07 -03 was
approved by the Planning Commission on June 14, 2007
094
095
SECOND AMENDMENT TO
AGREEMENT NO. 2478 BETWEEN
THE CITY OF EL SEGUNDO AND
AIR PRODUCTS MANUFACTURING CORPORATION
THIS SECOND AMENDMENT ( "Amendment ") is made and entered into this day of
2007, by and between the CITY OF EL SEGUNDO, a general law city and municipal
corporation existing under the laws of California ( "CITY"), and AIR PRODUCTS
MANUFACTURING CORPORATION, a Delaware Corporation ( "GRANTEE ") pursuant to
Section 27 of Agreement No. 2478 dated November 5, 1996 ( "Agreement ")
1 Section 1 of the Agreement is amended by replacing Exhibit A of the Agreement
with a new Exhibit A which is attached to this Amendment and incorporated by reference
2 Section 8(A) of the Agreement is amended to increase the annual License Fee
from $2,200 to $5,400
3. The City reviewed this Amendment's environmental impacts pursuant to the
California Environmental Quality Act (Public Resources Code §§ 21000, et seq , "CEQA"),
the regulations promulgated thereunder (14 California Code of Regulations [CCR]
§ §15000, et seq., the "CEQA Guidelines "), and the City's Environmental Guidelines
(Resolution No. 3805, adopted March 16, 1993) CEQA, CEQA Guidelines and the City's
Environmental Guidelines are collectively referred to as "CEQA." Following that review,
the City found that the Amendment constitutes a Class 1 exemption from CEQA pursuant
to CEQA Guidelines § 15301 as the licensing, operation, and minor alteration of an
existing facility with negligible or no expansion of an existing use. Notwithstanding this
determination, Grantee must comply in all respects with the Mitigation Monitoring and
Reporting Program (the "MMRP ") set forth in Resolution No. 3997, adopted February 4,
1997, affecting the Agreement and this Amendment The MMRP regulates the use of
pipelines for hydrogen gas and compressed air at 222, 233, and 330 Kansas Street, and
1521 East Grand Avenue. The MMRP will, likewise, regulate the alteration of such
pipelines as allowed by this Amendment.
4. This Amendment may be executed in any number or counterparts, each of which
will be an original, but all of which together constitutes one instrument executed on the
same date
5. Except as modified by this Amendment, all other terms and conditions of
Agreement No 2478 remain the same The operative terms of this Amendment become
effective July 1, 2007
096
IN WITNESS WHEREOF the parties hereto have executed this amendment the
day and year first hereinabove written
CITY OF EL SEGUNDO,
a general law city
Jeff Stewart,
City Manager
ATTEST
Cindy Mortesen,
City Clerk
APPROVED AS
MARK D HE
By
Ka H E
City Attorney
AIR PRODUCTS MANUFACTURING
CORPORATION, a Delaware Corporation
Rick J Thibodeaux
Real Estate Manager
Pipelines and ROW
Date
Taxpayer ID No 23 255911
097
- 168'
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098
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103
FIRST AMENDMENT OF LICENSE AGREEMENT
This First Amendment of Pipeline License Agreement ( "Amendment') is made and
entered into as of September 1r7 1997, by and between the CITY OF EL SEGUNDO, a
California general law municipal corporation (the "City "), and AIR PRODUCTS
MANUFACTURING CORPORATION, a Delaware Corporation (the "Grantee"), whoagree
as follows
1 Recitals This Amendment is made with reference to the following facts
and circumstances
A The City and the Grantee are parties to that certain Pipeline License
Agreement (the "License Agreement') made and entered into on November
5, 1996
B The Grantee desires to amend the License Agreement to utilize
pipelines approved in the License Agreement for future use subject to City
Council approval, for transportation of Hydrogen Gas and Compressed Dry
Air
C The City Council on February 4, 1997 adopted attached Resolution
No 3997 Approving Environmental Assessment EA -397, Certifying a
Mitigated Negative Declaration of Environmental Impacts and Adopting a
Mitigation Monitoring Program, to allow the use of Pipelines for Hydrogen
Gas and Compressed Dry Air at 222, 233, and 330 Kansas Street, and
1521 East Grand Avenue, Petitioned by Air Products, Inc.
2 Amendments The City and the Grantee agree to the following
amendments to the License Agreement
A The first sentence of Section 8 of the License Agreement is hereby
amended to read "As consideration for the granting of this License,
Grantee shall pay an annual License Fee of $2,500 (twenty -five hundred
dollars) to the City"
B Exhibit "A" of the License Agreement shall be replaced by Revised
Exhibit "A"
C In addition to the requirements of the License Agreement, the
Grantee shall comply with all requirements of City Council Resolution No
3997
N AGREEMNT\AIR -PROD AMD (6/13/97)
-WWAC i"
1 7-478a
C'1�''d �� 4"a c�sttNDQ
I
VaN1166
vaz;L
98 2157295
3 No Other Changes Except as expressly set forth in Paragraph 2
hereof, the terms of the License Agreement remain unchanged and in full force and
effect
IN WITNESS WHEREOF, this Amendment has been duly executed by the parties
hereto in El Segundo, California.
CITY.
CITY OF EL SEGO
CN )<I t v � t ,•.
�-
,6�� . Sandra Ja ob , Mayor
Date*
ATTESTED.
By.
indy Wrtbs7en
City Clerk
APPROVED AS TO FORM:
By _ Z C
411 Mark D Hensley
City Attorney
Date 9jri/97
NViGREEMNTIAIR -PROD AMD (6/13197)
2
GRANTEE:
AIR PRODUCTS MANUFACTURING
CORPORATION
By
Title Senior Real Estate Specialist
Date :September 23, 1997
24? 8 A,;
98 2157295
105
EXHIBIT A
Description of Public Road Alignments of Air Products Manufacturing Corporation's
Nitrogen, Hydrogen, and Compressed Dry Air Pipeline Systems,
within El Segundo Boulevard, Franklin Street, Kansas Street, and Grand Avenue,
City of El Segundo
County of Los Angeles
State of California
Seyment 1
Beginning at the intersection of the southerly line of El Segundo Boulevard (60 00 feet wide) and
the southerly prolongation of the centerhne of Kansas Street (50 00 feet wide), thence easterly
along the southerly line of El Segundo Boulevard 6 00 feet to the True Point of Beginning, thence
northerly, parallel with and 6 00 feet easterly of the centerline of Kansas Street 740 00 feet to a
point 160.00 feet northerly of the centerline of Franklin Street (50 00 feet wide), thence easterly
19 00 feet to a point on the easterly line of Kansas Street
Footage of 4 -mch nitrogen pipe in city streets 789 feet
Segment 2.
Beginning at the centerline intersection of Grand Avenue (60 00 feet wide) and Kansas Street,
thence easterly along said centerline of Grand Avenue 168 00 feet, thence southerly,
perpendicular to said centerline, 30 00 feet to a point on the southerly line of Grand Avenue, said
point also being the True Point of Beginning, thence northerly along said perpendicular line 60 00
feet to the northerly line of Grand Avenue
Footage of 3 -inch nitrogen pipeline in city streets 64 feet
Footage of 1 -inch hydrogen pipeline in city streets ¢0 feet
Footage of 4 -inch compressed dry air pipeline in city streets 60 feet
Segment 2 - Total footage of pipeline in city streets 180 feet
Segment 3.
Beginning at the centerline intersection of Franklin Street (50 00 feet wide) and Kansas Street,
thence northerly along said centerline of Kansas Street 162 50 feet, thence easterly, perpendicular
to said centerline, 25 00 feet to a point on the easterly line of Kansas Street, said point also being
the True Point of Begimung, thence westerly along said perpendicular line 50 00 feet to the
westerly line of Kansas Street
Footage of 2-inch nitrogen pipeline in city streets 5-0 feet
Footage of 3/4 -inch hydrogen pipeline in city streets 5Q feet
Footage of 2 -inch compressed dry air pipeline in city streets 5Q feet
Segment 3 - Total footage of pipeline in city streets 11.50 feet
Total footage of pipeline in city streets: 1089 feet 106
Attached hereon is plat Exhibit A and by this reference made a part of
Exhibit A - Page 1 of 2 M vA °a
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A PORTION OF THE CITY OF EL SEGUNDO,
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO 1
On September 23,1997, before Cindy Mortesen, City Clerk, personally appeared
B j Pershall, jr, and Nancy M Wermck, personally known to me to be the
persons whose names are subscribed to the within instrument and
acknowledged to me that they executed the same in their authorized capacities,
and that by their signatures on the instrument the person, or entity upon behalf
of which their person acted, executed the instrument
Witness my hand and Official Seal
City Clerk
ORDINANCE NO 1255
108
98 2157295
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DUPLICATE ORIGINAL
Recording Requested by
and when Recorded Mail to:
City Clerk, City Hail
350 Main Street
El Segundo, CA 90245
PIPELINE LICENSE AGREEMENT
This Pipeline License Agreement ( "Agreement ") is made and entered into by and
between the CITY OF EL SEGUNDO, California, a general law city ( "City ") and AIR
PRODUCTS MANUFACTURING CORPORATION, a Delaware corporation ( "Grantee "),
this 5th day of November 1996
WITNESSETH
The parties hereto agree as follows:
SECTION 1 NATURE OF LICENSE. City hereby grants a non - exclusive Pipeline
License ( "License ") to Grantee for the term of fifteen (15) years commencing on
November 5, 1996 to lay, construct, maintain, operate, repair, renew and use pipelines
not to exceed 4 inches in nominal internal diameter for transportation of nitrogen gas,
( "the product ") in, under, along and across the public streets, highways and alleys
(collectively "the Streets ") in City, particularly described in Exhibit "A" attached hereto and
incorporated herein by this reference Grantee shall provide a minimum of thirty (30)
days prior written notice to the City Fire Department of any changes to the type and
nature of the product thereof, to be transported in the pipelines under this License
Agreement.
This License is hereby granted to Grantee and its lawful successors and assigns
subject to the terms hereof. This License shall include the right, for the period and
subject to such terms, to lay, construct, maintain, operate, repair, renew and use the
pipeline system of Grantee already laid out and constructed in the Streets as previously
authorized.
1 0MTWJ 109
24 78
CITY OF EL SEGUNDO
SECTION 2 APPURTENANCES. Grantee shall have the right, subject to prior
approval of the City Engineer, to construct and maintain such traps, manholes, conduits,
valves, appliances, attachments and appurtenances (collectively "appurtenances ") as may
be necessary or convenient for proper maintenance and operation of the pipelines
Appurtenances shall be kept flush with the surface of the Streets and located so as to
conform to any requirement of the City Engineer in regard thereto and not to interfere with
the use of the Streets Grantee shall have the right, subject to such ordinances, rules or
regulations as are now or may hereafter be enacted or in force, to make all necessary
excavations in the Streets for construction and repair of the pipelines and appurtenances
(collectively hereinafter "the Facilities ") subject to prior approval of the City Engineer and
acquisition by Grantee of all necessary City permits. The City Engineer may impose
reasonable conditions on the excavation work
SECTION 3 LOCATION OF THE FACILITIES So far as is practicable, the
Facilities shall be located along the edge or shoulder of the Streets or in parking areas
adjacent thereto so as to not unreasonably disturb the flow of traffic, and where possible
shall be laid in the unpaved portions of the Streets, if any.
SECTION 4 CONSTRUCTION OF THE FACILITIES
A Terms of Construction
The Facilities shall be installed, maintained and inspected by Grantee in a
satisfactory, safe, and workmanlike manner, of good material, and in conformity with all
ordinances, rules or regulations now or hereafter adopted or prescribed by the City
Council or state or federal authorities. The Facilities shall conform to applicable
standards for pipelines. The Facilities shall have cathodic protection, and a description
of all protective devices shall be furnished to the City Engineer which will show the
locations and types of anodes, including a description of the methods used as protection
against corrosion and electrolytic leakage. The Facilities shall be constructed in such a
manner that sections thereof may be closed off and isolated from the flow of product
2 CONTRACT
2473
CITY OF EL SEGUNDO
110
B Restoration of the Streets
The work of laying constructing, maintaining, operating, renewing, repairing,
changing and moving any segments of the Facilities, and all other work in exercise of the
rights under this License, shall be conducted with the least practicable hindrance or
interference to use of the Streets by the public or City, and Grantee shall provide all
necessary warning, safety and traffic control devices as are or may be required by City,
county, state or federal regulations. All excavations shall be back - filled and adequately
compacted The surface of the Streets shall be placed in as good and serviceable
condition as existed before commencement of the work and to the satisfaction of the City
Engineer Restoration of the Streets is to be completed in accordance with plans
approved by City
If Grantee fails to restore the excavation to the satisfaction of the City
Engineer, City or its agents may, at City's sole discretion, restore the excavation site to
the satisfaction of the City Engineer. Grantee shall pay all costs associated with such
restoration of the excavation site within thirty (30) days after receipt of City's itemized bill
therefor
SECTION 5 COMMENCEMENT OF CONSTRUCTION AND PLANS Grantee,
in good faith, shall commence the work of laying the Facilities within six (6) months from
the Effective Date of this License, and if such construction is not so commenced within
such time, this License may be declared forfeited; provided, however, that if Grantee is
maintaining and operating an existing pipeline system in the Streets, it shall be deemed
to be in compliance with the foregoing. Grantee shall not commence construction of the
Facilities or add to existing facilities comprising the Facilities, if any, until it first shall have
obtained City Engineer approval of construction plans and specifications prepared by a
California registered Civil Engineer and all necessary permits from City. The plans shall
contain a construction schedule detailing the time period during which certain portions of
the Streets will be excavated and the dates upon which the Streets shall be restored to
3 CONTRACT
2473. 11;
CITY Of EL SECUNDO
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their original condition
The permit application of Grantee shall also contain the following data the length,
approximate depth and proposed location of the Facilities proposed to be laid or
constructed, the size and description of the pipe intended to be used, and such other data
as the City Engineer may reasonably require. Grantee shall pay any and all reasonable
inspection fees of City Upon completion of the construction Grantee shall render a
statement to City showing in detail the permits issued and the total length of the Facilities
constructed under such permits
SECTION 6 GRANTEE'S DISCONTINUANCE OF CERTAIN OPERATIONS
Grantee acknowledges that a material consideration given by it to the City for this
Agreement is Grantee's representation, covenant, and warranty that it will reduce the
noise and the truck traffic at the International Rectifier Facility represented by the truck
deliveries which will be eliminated when the nitrogen pipeline covered by this license
agreement is in operation
Accordingly, Grantee shall not (Q deliver nitrogen by truck between those points
serviced by the pipeline approved by this License except during those time periods when
the pipeline is inoperable or Grantee is otherwise unable to deliver the product in the
pipeline between such delivery points, (ii) load or unload any of Grantee's products
delivered by trucks to the International Rectifier Facility in the City between the hours of
10 00 p.m and 7 00 a.m except during those time periods when the pipeline is
inoperative or, Grantee is otherwise unable to deliver the product in the pipeline between
such delivery points
Grantee further agrees to use its best efforts to not make deliveries to the
International Rectifier Facility between the hours of 7:00 a m. and 8.00 a m. on Saturdays
and Sundays. In the even* the pipeline becomes inoperable, grantee shall use its best
efforts to restore the pipeli ie to an operable condition as soon as possible
SECTION 7 DOCUMENTS TO BE FURNISHED
A Maps
Within ninety (90) days following the execution of this Agreement, Grantee
shall file with City a map and plans and specifications, in such form as may be required
a
112
by the City Engineer, (except digitized drawings shall not be required), showing accurately
the locations and sizes of all of the Facilities currently in place, and shall, upon installation
of any additional facilities or upon removal, change or abandonment of all or any portion
thereof, file with City a revised map or maps showing the locations and sizes of all such
additional and /or abandoned facilities as of that date.
B Documents Submitted
Concurrently with the submission to any other governmental agency of any
report, document or writing (including but not limited to reports of incidents and
inspections, safety reports, and permit applications or documents) concerning the
Facilities, Grantee shall submit true, complete and correct copies thereof to the City
Director of Public Works and City Fire Chief.
C Documents Received
Within two (2) weeks of receiving any report, document or other writing from
any other governmental agency (including but not limited to permits, approvals, notices
of violations, actions, inspection reports and incident reports) concerning the Facilities,
Grantee shall submit true, correct and complete copies thereof to the City Director of
Public Works and City Fire Chief.
SECTION 8. COMPENSATION TO THE CITY
A Amount of Annual License Fee
As consideration for the granting of this License, Grantee shall pay an
annual License Fee of $2,200 (Twenty -Two Hundred Dollars) to the City. The License
Fee shall be paid annually to City in lawful money of the United States within sixty (60)
days after the end of each calendar year. Any neglect, omission or refusal of Grantee
to pay the License Fee or provide any information required under this Section at the time
or in the manner reasonably required shall constitute grounds for declaration of a
forfeiture of this License and all rights hereunder. Acceptance by City of any payment
of the License Fee shall not be construed as a release, waiver, acquiescence or accord
5 CONTRACT
2475 L
CITY OF EL SEGUNDO
and satisfaction of any claim City may have for further or additional sums payable under
this License or for the performance of any other obligation hereunder.
B Computation of Payments
Grantee shall be subject to the License Fee for each calendar year from the
Effective Date of this License, to and including the date of either actual removal of the
Facilities or the date on which a properly approved abandonment "m place" becomes
effective as authorized by City, and until Grantee shall have fully complied with all
provisions of this License and all other applicable provisions of law or ordinance relative
to such removal or abandonment. All such payments shall be made payable to City, and
shall be supported by Grantee's verified statements concerning the computation of the
amounts thereof. In the event that the License is only in effect for a portion of a calendar
year, the License fee shall be prorated.
Provided, however, that the amount of each payment of the License Fee
shall be revised each calendar year as follows
(1) The amount of the payment shall be adjusted at the time
payment is due by multiplying the aforesaid base rate by the
Consumer Price Index, All Urban Consumers for the Los
Angeles- Anaheim - Riverside Areaaas published by the United
States Department of Labor, Office of Information, for the
month of September immediately preceding the month in
which payment is due and payable, and dividing by the
Consumer Price Index for June 30, 1989 which is declared to )
be 100,. ;) Under no circumstances shall the multiplying factor
be less than one.
(2) If the United States Department of Labor, Office of Information
discontinues preparation or publication of the aforesaid
Consumer Price Index for such Area, and if no translation
6 CONTRACT
2473. 114
CITY OF EL SMINDO
table prepared by the Department of Labor is available so as
to make those statistics which are then available applicable to
the Index for June 30, 1989, City shall prescribe a rate of
payment which shall, in its judgment, vary from the rates
specified in this Section in approximate proportion as
commodity consumer prices then current vary from consumer
prices current in December, 1988 On this point, the City's
reasonable determination shall be final and conclusive
(3) If said Office of Information shall revise said Index, the parties
hereto shall accept the method of revision or conversion
recommended by said Office.
C Administrative Fee for Processing this License
In consideration for the granting of this License, and to reimburse City for
its administrative expenses in preparing and approving the documents for this License,
Grantee shall pay City Two Thousand, Five Hundred Dollars ($2,500.00) within thirty (30)
days after the Effective Date of this License
SECTION 9 EMERGENCY PREPAREDNESS
A Response Planning
1 At all times during the term of this License, Grantee shall maintain
a A Business Plan pursuant to Chapter 6 95 of the California
Health and Safety Code,
b A Chemical Inventory pursuant to Chapter 6 95 of the
California Health & Safety Code,
C. Pipeline maps and diagrams, and a contingency Plan for
pipeline emergencies pursuant to California Government Code §51015
CONTRACT
2473 ,
CITY Of EL SEGUNDO
115
2 Grantee shall pay City all applicable fees for review and approval of
each such Plan for which City holds prime jurisdiction.
3. Grantee shall also comply with any requirements for Plans imposed
by any federal, state or local authority during the term of this License
4 Grantee shall meet with the City Fire Chief or Fire Chiefs designee
at the City Fire Chiefs request not less often than once each calendar year to discuss
and review response plans and City Staff training for pipeline emergencies All
emergency response work performed by Grantee shall be performed in accordance with
the applicable Plans and in cooperation with the City Fire Department.
B Operational Requirements
a Grantee shall cause the Facilities to be secure against
unauthorized entry and tampering
b Remotely operable valves shall be provided which will be
capable of shutting off flow of product.
SECTION 10. OPERATIONS, MAINTENANCE AND REPAIR Grantee shall
operate, maintain and repair the Facilities in accordance with applicable federal and state
rules Grantee shall immediately make all repairs to the Streets and City property made
necessary by any of the operations of Grantee, upon approval of plans by the City
Engineer, obtaining all necessary City permits. If Grantee fads to make said repairs to
the Streets or City property, Grantee shall pay to City upon demand all costs which City
incurs in making said repairs.
SECTION 11 REARRANGEMENT OF FACILITIES
A. Expense of Grantee
1 If any portion(s) of the Facilities shall, in the opinion of City, endanger
the public in the use of the Streets or interfere with or obstruct the use of any street by
8 WNTRACT
2473- 116
CITY Of EL MUN00
the public or for public purpose, City shall have the right to require Grantee to move, alter
or relocate such portion(s) to avoid such danger, interference or obstruction, in conformity
with written notice from the City Engineer, at Grantee's sole expense In such an event,
City agrees to provide Grantee with a reasonable alternative location to relocate such
portion(s) of the Facilities so as to provide an unbroken connection between the relocated
portions and the portions that remain in place.
2 Whenever, during the term of this License, City, including any water,
electric, gas or other utility system hereafter owned or operated by City, any community
facilities or assessment district, or any other agency established by City in its ministerial
capacity, shall change the grade, width, alignment or location of any street, way, alley or
place, or improve any said street in any manner, including but not limited to the laying of
any sewer, storm drain, conduits, gas, water or other pipes, pedestrian tunnels, subway,
viaduct or other work of City (the right to do all of which is specifically reserved to City
without any admission on its part that it would not otherwise have such rights), Grantee
shall, at its own cost and expense, do any and all things to effect such change in position
or location of any portion(s) of the Facilities in conformity with the written approval of the
City Engineer, including but not limited to removal or relocation of any portion(s) of the
Facilities, if and when made necessary by the determination of the City Engineer
B Expense of Others
1 City shall also have the right to require Grantee to rearrange any part
of the Facilities for the accommodation of any private person, firm or corporation When
such rearrangement is done for the accommodation of any private person, firm or
corporation, the cost of such rearrangement shall be borne by the accommodated party
Such accommodated party, in advance of such rearrangement, shall deposit with Grantee
cash in an amount, as in the reasonable discretion of Grantee, shall be required to pay
the costs of such rearrangement.
2 The rearrangement referred to in subsection 1 of subparagraph B of
this Section shall be accomplished in conformity with the written notice of the City
9 CONTRACT,
24 7g - 11
CITY OF EL SEGUNDO
Engineer and plans approved by the City Engineer
C Rearrangement of Other Facilities Nothing contained in this License
shall be construed to require City to move, alter or relocate any of its facilities upon any
of the Streets, at its own expense, for the convenience, accommodation or necessity of
any other public entity, person, firm or corporation now or hereafter owning a public utility
system of any type or nature, or to move, alter or relocate any part of its system upon
any of the Streets for the convenience, accommodation or necessity of Grantee.
D Notice Grantee shall be given not less than ninety (90) days written
notice of any rearrangement of any portion(s) of the Facilities which Grantee is required
to make under this Section Such notice shall furnish final, approved plans detailing the
necessity for the rearrangement of such portion(s) of the Facilities, specify in reasonable
detail the work to be done by Grantee, and shall specify the time that such work is to be
accomplished In the event that City shall change the provisions of any such notice given
to Grantee, Grantee shall be given an additional, reasonable period of time to accomplish
such work
SECTION 12 REMOVAL OR ABANDONMENT OF FACILITIES At the
time of non - renewal, revocation or termination of this License or the permanent
discontinuance of use of the Facilities or any portion thereof, Grantee shall, within thirty
(30) days thereafter, make a written application to the City Engineer to either (1) abandon
all, or a portion, of the Facilities in place, or (2) remove all, or a portion of the Facilities
as the City Engineer, in his or her reasonable discretion, shall consider to be appropriate
Such application shall include a closure plan, which shall demonstrate to the satisfaction
of the City Engineer and City's Fire Chief that any regulated materials which have been
stored or transported in the Facilities or such portions(s) thereof have been or will be
transported, disposed of or reused in a manner consistent with public health and safety,
and shall describe the portion(s) of the Facilities desired to be abandoned by reference
to the map or maps required by Section 6 hereof and shall also describe with reasonable
accuracy the relative physical condition of such portion(s) of the Facilities. Thereupon,
10 CONTRACT
2473- �i8
CITY OF EL SWIM
the City Engineer and the Fire Chief shall determine whether any proposed abandonment
or removal may be effected without detriment to the public interest or under what
conditions such proposed abandonment or removal may be safely effected and shall
notify Grantee, according to such requirements as shall be specified in the City
Engineer's and the Fire Chiefs order to either*
1 Remove all or a portion of the Facilities, or
2 Abandon in place all or a portion of the Facilities, subject to
reasonable conditions imposed by the City Engineer, Fire Chief and
the City Attorney to protect public health, safety and welfare, and to
protect City against future liability.
If any portion(s) of the Facilities to be abandoned in place subject to the
prescribed conditions shall not be abandoned in accordance with all such conditions, the
City Engineer may make additional appropriate orders, including, as the City Engineer
deems desirable, an order that Grantee shall remove all such portion(s) of the Facilities
in accordance with applicable requirements If any portion(s) or all of the Facilities are
abandoned, all right, title and interest in those abandoned shall remain with Grantee, and
City shall not acquire any possessory, equitable or other interest therein
SECTION 13 COMPLETION OF WORK In the event that Grantee fails
to commence any work or act and diligently proceed therewith, or to complete any such
act or work required of Grantee by the terms of this License within the time limits required
hereby, City may cause such act or work to be completed by City or, at the election of
City, by a private contractor Grantee agrees to pay City within thirty (30) days after
delivery of an itemized bill the cost of performing such act or work plus an amount equal
to fifteen percent (15 %) thereof for overhead If Grantee is dissatisfied with any decision
made by the City Engineer hereunder or the determination of the cost of any work
performed by City pursuant to this License, it may petition the City Council to review the
same within ten (10) days after such decision or determination is communicated to
Grantee The decision of the City Council shall be final and conclusive.
278 .
CITY OF EL SEGt)NDO
SECTION 14 BOND. Grantee shall, within thirty (30) days of the Effective Date
of this License, file with the City Clerk, and yearly thereafter maintain in full force and
effect, a bond in favor of City in the penal sum of Five Hundred Thousand Dollars
($500,000 00) with a surety to be approved by the City Finance Director, conditioned that
Grantee shall truly observe, fulfill and perform each and every term and condition of this
License, and in the case of a breach of a condition of this License and Grantee's refusal
to remedy such breach, at the discretion of the City Council, the whole amount of the
penal sum therein shall be paid to City in addition to any damages recoverable by City
from the principal and sureties of the bond If said bond is not so filed, the award of this
License will be set aside and any money paid by Grantee hereunder will be forfeited.
Whenever a bond is taken and deemed to be liquidated damages for any breach
of a term or condition of this License not remedied by Grantee, Grantee must immediately
file another bond of like amount and character, and if Grantee fails to do so within the
time set by the City Council, the Council may, by resolution, declare this License forfeited
Nothing herein shall insulate Grantee from liability in excess of the amount of said
bond or shall be construed as a waiver by City of any remedy at law against Grantee for
any breach of the terms and conditions of this License, or for any damage, loss or injuries
suffered by City in case of any damage, loss or injury suffered by any person, firm or
corporation by reason of any work done or any activity conducted by Grantee in the
exercise of this License
SECTION 15 INSURANCE REQUIREMENTS
A Liability Insurance. The Grantee shall, prior to the effective date of
this License, provide to the City a signed certification acknowledging the Grantee is
insured for liability claims arising out of Grantee's use of this License, in the following
amounts comprehensive general liability insurance endorsed for contractual, broad form
property damage and personal injury with a combined single limit of not less than
$1,000,000 00 per occurrence, comprehensive auto liability endorsed for all owned and
12 CONTRACT, n (l
24 7$ w
CITY OF EL SEGUNDO
non -owned vehicles with a combined single limit of not less than $1,000,000.00 per
occurrence, and hazardous materials and hazardous waste discharge coverage in an
amount of not less than $1,000,000.00 per occurrence.
8 Workers' Compensation Insurance. Pnorto the Effective Date of this
License, Grantee shall file with City the following signed certification
"Grantee is aware of, and will comply with, Section 3700 of
the Labor Code, requiring every employer to be insured
against liability for Workers' Compensation or to undertake
self- insurance before commencing any of the work "
Grantee shall also comply with Section 3800 of the Labor Code by securing, paying for
and maintaining in full force and effect for the duration of the term of this License,
complete Workers' Compensation Insurance as required by the State of California, or
satisfactory evidence of self - insurance
C Additional Insured. City and its respective elective and appointive
officers, officials, employees and agents shall be named as additional insureds on the
liability policies required under this License. The coverage shall contain no special
limitation on the scope of protection afforded to City, its officers, officials, employees and
agents. For any claims related to this License, Grantee's insurance coverage shall be
primary insurance as respects City, its officers, officials, employees and agents. Any
insurance or self - insurance maintained by City, its officers, officials, employees or agents
shall be excess to Grantee's insurance and shall not contribute with it
D Insurance Certificates. Prior to the Effective Date of this License,
Grantee shall file with City a certificate of insurance evidencing coverage in the amounts
specified in this Section Such certificate shall be subject to approval by City's risk
manager Such certificate shall bear an endorsement providing that the policy to which
13 CONTRACT
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CITY OF EL SEGUNDO
it relates shall not be terminated or materially altered except after thirty (30) days prior
notice to City
E Termination for Lack of Required Insurance Coverage If Grantee for
any reason fails to have in place at all times during the term of this License all required
insurance coverage, City may terminate this License forthwith, except if City Council
approves Grantee's self insurance of any and all coverages
SECTION 16 INDEMNIFICATION BY GRANTEE Grantee shall indemnify,
defend, protect and hold harmless City, its elective and appointive boards, officials,
officers, employees, agents, volunteers, assigns and any successor or successors to
City's interest from and against any and all claims, demands, losses, defense costs,
reasonable attorney fees, fines, penalties, expenses, causes of action and judgments at
law or in equity, damages, losses or liability of any kind or nature, including but not limited
to personal injury or death or property damage, arising out of Grantee's exercise of this
License or operation of the Facilities, regardless whether any act or omission is
authorized, allowed or prohibited by this License
Additionally, Grantee shall indemnify, defend and hold harmless City, its
elective and appointive boards, officials, officers, employees, agents, volunteers, assigns
and any successor or successors to City's interest from and against all claims, demands,
losses, defense costs, reasonable attorney fees, fines, penalties, expenses, causes of
action and judgments at law or in equity, damages, losses or liability of any kind or
nature, including but not limited to personal injury or death or property damage, and other
expenses of any nature including but not limited to all foreseeable and all unforeseeable
consequential damages, and the cost of any required or necessary repair, cleanup or
detoxification, or the preparation and implementation of any response, remedial, removal,
closure or other required plans (regardless of whether undertaken due to government
action) arising out of or attributable to the presence, use, generation, storage,
transportation, release, or disposal of Hazardous Material arising out of Grantee's
14 CONTRAOT
2473-
CITY OF EL SEGUNDO
L
exercise of this License or the operation of the Facilities, regardless of whether any act
or omission is authorized, allowed or prohibited by this License. As used in this Section,
Hazardous Material means any substance, product, waste or other material of any nature
whatsoever which is or becomes listed, regulated or addressed pursuant to (1) the
Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42
U S.0 §9601, et seq (CERCLA), the Hazardous Materials Transportation Act, 49 U S C
§1801, et seq , the Resource Conservation and Recovery Act, 42 U S C. §6901, at seq ;
the Toxic Substances Control Act, 15 U S.0 §2601, et seq.; the Clean Water Act, 33
U S C §1251, et seq , the California Hazardous Waste Control Act, Health and Safety
Code §25100, et seq.; the California Hazardous Substance Account Act, Health and
Safety Code §25330, et seq ; the California Hazardous Waste Management Act, Health
and Safety Code §25170 1, at seq.; California Health and Safety Code §25501, at seq.
(Hazardous Materials Response Plans and Inventory), or the Porter - Cologne Water
Quality Control Act, Water Code §13000, et seq., all as amended, or (2) any other
federal, state or local law regulating, relating to, or imposing liability or standards of
conduct concerning any hazardous, toxic or dangerous waste, substance or materials, as
now is, or at any time hereafter may be, in effect, or (3) any rule or regulation adopted
or promulgated under or pursuant to any of said laws
If Grantee receives any notice, whether oral or written, of any inquiry, test,
investigation, enforcement proceeding, environmental audit or the like regarding any
Hazardous Material relating to this License or the Facilities, Grantee shall immediately
notify City in writing of such notice
The liability of Grantee hereunder shall not be limited to the insurance
provisions of this License The indemnification, legal defense and hold harmless
provisions of this Section shall survive the expiration or termination of this License or the
abandonment of the Facilities authorized hereunder and shall relate back to all periods
of time in which Grantee maintained pipelines in City pursuant to this License or previous
Licenses
15 CONTRACT
2473- 123
CITY OF EL SEGUNDO
The provisions of this Section are intended to operate as an agreement
pursuant to §107(e) of CERCLA, 42 U.S C §9607(e), and California Health and Safety
Code §25364, to insure, protect, hold harmless and indemnify City from liability pursuant
to such laws
SECTION 17 LIQUIDATED DAMAGES
A City finds and Grantee agrees that as of the time of the execution of
this License it is impractical if not impossible to reasonably ascertain the extent of
damages which would be incurred by City as a result of a material breach by Grantee of
its obligations under this License The factors relating to the impracticability of
ascertaining damages include, but are not limited to, the facts that. (i) substantial damage
can result to members of the public when access to public rights of way are impeded or
prevented due to construction within said rights of way, (ii) faulty or negligent repair or
restoration of streets and public rights of way excavated pursuant to this License can
present particular danger to public health, safety and welfare, (iii) failure to restore streets
in a timely manner can exacerbate all of the dangers and concerns outlined above, (iv)
such breaches can cause inconvenience, anxiety, frustration and deprivation to individual
members of the general public in subjective ways and in varying degrees of intensity
which are incapable of measurement in precise monetary terms, (v) the monetary loss
resulting from such breaches is impossible to calculate in precise monetary terms, and
(vi) termination of this License for such breaches, and other remedies are, at best,
a means of future correction and not remedies which make the public whole for past
breaches
B Accordingly, the City Council may, in its discretion, assess liquidated
damages not to exceed the sum of FIVE HUNDRED DOLLARS ($500 00) per day, for
each calendar day that Grantee is in material breach of this License. This provision for
liquidated damages shall not be deemed an exclusive remedy or afford the exclusive
procedure for remedying a material breach of this License.
z
CONTRACT
247g_ X2/1
CITY OF EL SEGUNDA
C City finds, and Grantee acknowledges and agrees that the above
described liquidated damages provisions represent a reasonable sum in light of all of the
circumstances Said liquidated damages sums shall be applicable to each calendar day
of delay during which Grantee has been found by City to be in material breach of this
License, following Grantee's receipt of notification of such finding Grantee shall pay any
liquidated damages assessed by City within twenty (20) working days after they are
assessed If they are not paid within the twenty working day period, City may, in addition
to any other remedies, order the termination of this License.
D Grantee specifically agrees that failure to complete any portion of
construction work or restoration of streets in accordance with the schedule set forth in the
approved plans shall constitute a material breach of this License for purposes of this
Section, unless such failure is caused by conditions or actions not under Grantee's
control
E Both parties acknowledge and agree to the liquidated damages
provisions of this Section as evidenced by their signatures below:
"Grantee" "City"
AIR PRODUCTS CITY OF EL SEGUNDO
MANUFACTURING CORPORATION
by
Name typed or printed. Sandra Jacobs, or
Burl J. Pershall Jr
Title Senior Real Estate Specialist
17
CONTRACT,
2473
CITY OF Ft cFanNnn
125
SECTION 18 ASSIGNMENT
A Grantee shall not transfer, sell, hypothecate, sublet or assign this
License, nor shall any of the rights or privileges herein be hypothecated, leased,
assigned, sold or transferred, either in whole or in part, nor shall title thereto, either legal
or equitable, or any right, interest or property herein, pass to or vest in any person, except
Grantee, its affiliates or subsidiaries, either by act of Grantee or by operation of law,
without the prior consent of City expressed by resolution. The aforesaid provisions of this
Section shall not prohibit Grantee from using the Facilities for the purpose of transporting
for other persons the products, but in such event Grantee shall be responsible to City for
full performance and observance of the terms and conditions of this License
B. Any sale, lease or assignment of this License or the rights and
privileges granted hereby, or any of them, except to Grantee, its affiliates or subsidiaries,
without the prior written consent of the City Council shall be null and void
C City shall not unreasonably withhold its consent to a transfer of this
License For the purpose of determining whether it shall consent to such change, transfer
or change in control, City may inquire into the qualifications of the prospective transferee
or controlling party, and Grantee shall assist City in any such inquiry. In seeking City's
consent to any change of ownership or control, Grantee shall have the responsibility of
ensuring that transferee completes an application in form and substance reasonably
satisfactory to City. An application shall be submitted to City not less than ninety (90)
days prior to the date of transfer. Grantee shall be required to establish that it is in
material compliance with this License. The transferee shall be required to establish that
it possesses the qualifications and financial and technical capability to operate and
maintain the Facilities and comply with all License requirements for the remainder of the
term of this License. If City finds that the legal, financial, technical and other public
interest qualities of the applicant are satisfactory, and that the proposed transferee has
the capability to operate and maintain the Facilities and comply with requirements of this
License for the remaining term hereof, City shall consent to the transfer and assignment
18 CONTRACT,
L
2473-
CITY OF EL SEGUNDO
of the rights and obligations of this License City may condition the transfer to ensure
that the transferee is and remains in material compliance with this License
D. City consent pursuant to this Section is further required for any
change in control of Grantee "Change in control" shall mean any sale, transfer or
acquisition of Grantee, Grantee's parent, the parent of Grantee's parent, etc If Grantee
or its parent(s) is /are a corporation or corporations, any acquisition of more than ten
percent (10 %) of Grantee's voting stock by a person or group of persons acting in
concert, who already own less than 50% of the voting stock, shall be deemed a change
in control
E. Notwithstanding the above, Grantee shall be entitled to pledge,
encumber, or grant any security interest in this License, provided that Grantee shall first
notify and obtain City consent in writing of such proposed transaction City shall consent
to such transaction, subject, however, to the following conditions,
1 Any consent so granted shall not be deemed a consent to such
pledgee, encumbrancer, or secured party to exercise any rights or prerogatives of
Grantee under this License, nor to its exercise of any rights or prerogatives as a holder
of an ownership interest in this License.
2 Any consent so granted shall not be deemed a consent to any
subsequent transfer or assignment as referred to in this Section Any such subsequent
transfer or assignment shall be deemed assignment of this License within the meaning
of this Section, and shall be subject to the provisions of this Section.
3 The pledgee, encumbrancer, or secured party shall have executed
and delivered to City an instrument in writing agreeing to be bound by the provisions of
this License
19 CONTRACT
2473. 127
CITY Of EL SEGUNDO
SECTION 19 RECEIVERSHIP AND FORECLOSURE
A Subject to applicable provisions of the Bankruptcy Code, this License
shall, at the option of City, cease and terminate one hundred twenty (120) days after
appointment of a receiver or trustee to take over and conduct the business of Grantee
whether in a receivership, reorganization, bankruptcy or other action or proceeding unless
such receivership or trusteeship shall have been vacated prior to the expiration of said
one hundred twenty (120) days, or unless
1 Such receiver or trustee shall have, within one hundred twenty (120)
days after its election or appointment, fully complied with all terms of this License and
remedied all breaches of this License or provided a plan for the remedy of such breaches
which is satisfactory to City, and
2 Such receiver or trustee shall, within said one hundred twenty (120)
days, execute an agreement duly approved by the court having jurisdiction, whereby such
receiver or trustee assumes and agrees to be bound by each and every term, provision
and limitation of this License.
B Upon the foreclosure or other judicial sale of all or a substantial part
of the Facilities, Grantee shall notify the City Clerk of such fact, and such notification shall
be treated as a notification that a change in ownership of Grantee has taken place and
that the provisions of this License governing such changes shall apply
SECTION 20 WAIVER OF BREACH No waiver of the breach of any of the
covenants, agreements, restrictions or conditions of this License by City shall be
construed to be a waiver of any succeeding breach of the same or other covenants,
agreements, restrictions or conditions of this License No delay or omission of City in
exercising any right, power or remedy herein provided in the event of default shall be
construed as a waiver thereof, or acquiescence therein, nor shall the acceptance of any
payments made in a manner or at a time other than is herein provided be construed as
CONTRACT
20 2473- 12$
CITY OF EL SEGUN00
a waiver of or variation in any of the terms of this License.
SECTION 21 DEFAULT
A Default
In any event that Grantee shall default in the performance of any of the
terms, covenants and conditions of this License, the City Manager may give written notice
to Grantee of such default. In the event that Grantee does not commence the work
necessary to cure such default within thirty (30) days after such notice is received or
prosecute such work diligently to completion, the City Council may declare this License
forfeited by giving written notice thereof to Grantee, whereupon this License shall be void
and the rights of Grantee hereunder shall terminate and Grantee shall execute an
instrument surrendering this License and deliver same to City.
If the City Council declares this License forfeited, it may thereupon and
thereafter exclude Grantee from further occupancy or use of all City streets for the
purposes authorized under this License Forfeiture of this License shall not of itself
operate to release the bond filed for this License. Upon declaring this License forfeited,
the City Council may elect to take and accept the bond as liquidated damages therefor
and pursue any other legal remedy for any damage, loss or injury suffered by City as a
result of such breach After forfeiture, the bond shall remain in full force and effect for
a period of one (1) year unless exonerated by the City Council No bond shall be
exonerated unless a release is obtained from the City Engineer and is filed with the City
Clerk The release shall state whether all excavations have been backfilled, all
obstructions removed, and whether the substrata or surfaces of the Streets have been
placed in good and serviceable condition A release shall not constitute a waiver of any
right or remedy which City may have against Grantee or any person, firm or corporation
for any damage, loss or injury suffered by City as a result of any work or activity
performed by Grantee in the exercise of this License.
21 CONTRACT 129
247g-
CITY OF EL SEGUNDO
B. Cumulative Remedies
No provision herein made for the purpose of securing enforcement of the
terms and conditions of this License shall be deemed an exclusive remedy or to afford
the exclusive procedure for enforcement of said terms and conditions, but the remedy and
procedure herein provided, in addition to those provided by law, shall be deemed
cumulative
SECTION 22 SCOPE OF RESERVATION Nothing herein contained shall ever
be construed so as to exempt Grantee from compliance with all ordinances of City now
in effect or which may be hereafter which are not inconsistent with the terms of this
License The enumeration herein of specific rights reserved shall not be construed as
exclusive, or as limiting the general reservation herein made or as limiting such rights as
City may have or hereafter have in law.
SECTION 23 NOTICE Any notice required to be given under the terms of this
License, the manner of service of which is not specifically provided for, may be served
personally or by depositing same with First Class postage prepaid in the United States
Mail addressed as follows.
To City
Director of Public Works
City of El Segundo
350 Main Street
El Segundo, California 90245
To Grantee:
Air Products Manufacturing Corporation
7201 Hamilton Boulevard
Allentown, Pennsylvania 18195
Attention: Corporate Secretary
Copy to Director Corporate Real Estate and
Property Management
22
CONTRACT
CITY OF EL SEGUNDO
Or such other address as may from time to time be furnished in writing by one party to
the other
When service of any such notice is made by mad, the time of such notice
shall begin within and run from three days after the date of the deposit of the same in the
United States Mad
SECTION 24 SUCCESSORS The terms of this License shall inure to the
benefit of and shall bind, as the case may be, the successors and assigns of the parties
hereto, subject, however, to the provisions of Section 17 hereof.
SECTION 25 INTERPRETATION This License is granted upon each and every
condition herein contained, and shall be strictly construed against Grantee. Nothing shall
pass to Grantee by this License unless it be granted in plain and unambiguous terms
Each of said conditions is a material and essential condition to the granting of this
License This License shall be interpreted and construed according to the laws of the
State of California.
SECTION 26 ATTORNEYS' FEES. If litigation is reasonably required to enforce
or interpret the provisions of this License, the prevailing party in such litigation shall be
entitled to an award of reasonable attorneys' fees, in addition to any other relief to which
it may be entitled
SECTION 27, ENTIRE AGREEMENT This License contains the entire
understanding between City and Grantee. Any prior agreements, promises, negotiations
or representations not expressly set forth herein are of no force or effect. Subsequent
modifications to this License shall be effective only if in writing and signed by all parties.
If any term, condition or covenant of this License is held by a court of competent
jurisdiction to be invalid, void or unenforceable, the remaining provisions of this License
shall be valid and binding.
23 CONTRACT,
2473. 131
CITY OF EL SEGUNDO
SECTION 28. PUBLICATION EXPENSE. Grantee shall pay to City a sum of
money sufficient to reimburse City for all publication expenses incurred in connection with
the granting of this License, said payment to be made within thirty (30) days after City
shall have furnished Grantee a written statement of such expenses Such sum is in
addition to the Administrative Fee indicated in subsection C of Section 7 hereof
IN WITNESS WHEREOF, the parties hereto have caused this License to be
executed by their authorized representatives as of the Effective Date hereof
CITY OF EL SEGUNDO AIR PRODUCTS
MANUFACTURING CORPORATION
( "City ") ( "Grantee ")
byy�
Name typed or printed: Name typed or printed*
Sandra Jacobs, Mayor Burl J Pershall. Jr.
Title Senior Real Estate Specialist
ATTESTED
by
am typed or printed.
144�1 Cindy Mortesen, City Clerk
APPROVED AS TO FORM
b Nam nted-
Mark D Hensley, City Attorney
WAGRMNTSVURPROTS.UC (10123/96)
24 CONTRACT
2473—
CITY OF EL SEGUNDO
132
Description of Centerline Alignments of Air Products Manufacturing Corporation's
Nitrogen Pipeline System
City of El Segundo
County of Los Angeles
State of California
Segment 1.
Commencing at the intersection of the southerly line of El Segundo Boulevard and the
prolongation of the centerline of Kansas Street, thence east along the southerly line of El Segundo
Boulevard 6 feet to the True Point of Beginning, thence northerly parallel to and 6 feet east of the
centerline of Kansas Street 740 feet to a point 160 feet north of the centerline of Franklin Street,
thence easterly l feet to a point on the easterly line of Kansas Street
Footage of 4 -inch nitrogen pipe in city streets M feet
Segment 2.
Commencing at the centerline intersection of Grand Avenue and Kansas Street, thence east along
the centerline of Grand Avenue 168 feet, thence south 30 feet to the southerly line of Grand
Avenue to the True Point of Beginning, thence northerly perpendicular to the centerline of Grand
Avenue ¢0 feet to a point on the northerly line of Grand Avenue
Footage of 3 -inch nitrogen pipeline in city streets 60 feet
Footage of 1 -inch extra pipeline for future use in city streets 60 feet
(Subject to City Council approval)
Footage of 4 -inch extra pipeline for future use in city streets 60 feet
(Subject to City Council approval)
Segment 2 - Total footage of pipeline in city streets. 180 feet
Segment 3.
Commencing at the centerline intersection of Franklin Street and Kansas Street, thence north
along the centerline of Kansas Street 162 5 feet, thence east 25 feet to the easterly line of Kansas
Street to the True Point of Beginning, thence westerly perpendicular to the centerline of Kansas
Street SO feet to a point on the westerly line of Kansas Street
Footage of 2 -inch nitrogen pipeline in city streets 50 feet
Footage of 3/4 -inch extra pipeline for future use in city streets 50 feet
(Subject to City Council approval)
Footage of 2 -inch extra pipeline for future use in city streets 50 feet
(Subject to City Council approval)
Segment 3 - Total footage of pipeline in city streets 150 feet
Total footage of pipeline in city streets:
Exhibit A - Page 1 of 2
Q V 342 \1342HXAZ.WP
09!20/%
133
A PORTION OF THL CITY OF EL SEGUNDO,
COUNTY OF LOS ANGELES, STATE OF CALIFORNIA.
SEGMENT 2
II
-__j��-
�SR9NAVE.
168,
50'—�
SEGMENT 3
i
N`
1
19'
N 0
I � I
SEGMENT 1
I 1
III
I I
II II
- - -�J L- - - --
- EL SEGUNDO BLVD. Q�p4 ESS s`'a
CZ
CHEVRON REFINERY
No C032 46 I
* >rr
Lp CIVIL
EXHIBIT A F OF CA U
134
v
AIR PRODUCTS
u
MANUFACTURING CORPORATION APMC NITROGEN PIPELINES SRF 1342 —P -104
7201 HAMILTON BLVD PLAT MAP _1" =200' 09/19/96
ALLENTOWN, PA 18195
Y
Exhibit A Page 2 of 2
AIR PRODUCTS MANUFACTURING CORPORATION
I, Lynn German Long, Assistant Secretary of Air Products
Manufacturing Corporation, a Delaware corporation (the "Company "), and
acting on behalf of the Company, hereby certify that attached hereto is a
true, correct and complete copy of a certain Delegation of Corporate
Authority duly signed by Joseph J. Kaminski and the undersigned on the
dates therein set forth.
The undersigned further certifies that Joseph J Kaminski is the
President of the Company, and that he executed the attached Delegation of
Corporate Authority wluch is in full force and effect as of the date hereof.
The undersigned further certifies that Burl J. Pershall, Jr is the
Senior Real Estate Specialist of the Company
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
the seal of the Company this 3rd day of septenber 11996.
sistant Secretary
(SEAL)
c \ lgl \ apmcrlt doc
135
AIR �•
PRODUCTS
DELEGATION OF CORPORATE AUTHORITY
PW /DeellegZ No O
1"f1 %�/ -S'
The undersigned, Joseph J. Kaminski, in my capacity as President of Air Products Manufacturing Corporation (the
"Company "), pursuant to resolutions of the Board of Directors, hereby delegates authority as described herein below to the
following individual(s)-
Title of Position
Maximum Value
Each Transactions/Contract
Director, Corporate Real Estate
$15,000,000
Real Estate Manager
500,000
Senior Real Estate Specialist
250,000
Real Estate Specialist
100,000
Senior Real Estate Representative
25,000
Real Estate Representative
25,000
Description of Authority
To execute in the name and on behalf of the Company contracts, agreements, and other instruments in which the
Company may be a party in carrying out an approved Capital Transaction involving the acquisition or disposition of real
estate or interests therein, provided that such contracts, agreements, or other instruments
1 Relate to transactions which do not exceed a tens of five years, exclusive of renewal provisions (Deeds, perpetual
easements, licenses, permits, franchise agreements, and other instruments which normally have an unlimited term
are exempted from the five year limit provision.), and
2. Do not exceed in each instance, in the aggregate value of money and other consideration during the term, the sum
set forth opposite the individual's name
[]This authority may be subdeiegated with the following restncbons (if any)
®This authonty may not be subdeiegated
to take effect when countersigned by the Secretary or any Assistant Secretary and to continue in effect for so long
as the designated individuals(s) hold(s) the designated position title(s) or until such authority shall be revised or
revoked by notice thereof by the undersigned, his or her successor in office, or the person to whom the designated
individual reports
Countersigned
FORM 3999 (REV U92)
136
CORPORATE ACKNOWLEDGivrENT
STATE OF TEXAS
COUNTY OF HARRIS
On this 3rd day of September , in the year 1996, before me, Norma K Cedzidlo, a notary
public of the State of Texas, duly commissioned and swom, personally appeared Burl 1 Pershall,
Jr. known to me to be Senor Real Estate Specialist of Air Products Manufacturing Corporation, the
corporation that executed the within instrument, and also known to me to be the person who
executed the within instrument on behalf of the corporation therein named, and he acknowledged to
me that such corporation executed the within instrument pursuant to its bylaws or a resolution of its
hoard of directors
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal in the
city and county and state aforesaid the day and year in this certificate first above written
.onrn..^o
i NORMA K CEOZIDLO
1 N�rorY P�1K Stets of Tawas
'••,.n My Commission E.mres9 i69y
Nodiry Public
State of Texas
My Commission Expires. Sept 16, 1999
1.37
Insurance Company of North America
a CIGNA rsmpiny
Ph""Phia, PannayM W
CONTRACT BOND
KNOW ALL MEN BY THESE PRESENTS, That we,
r,., DIVED
AUG 16 1996
ENGINEERING
DIVISION
CIGNA.
Air Products Manufacturing Corp 7201 Hamilton Blvd Allentown PA 18195 -1501
(hereinafter called'Principalj, as Principal, and the INSURANCE COMPANY OF NORTH AMERICA, a Corporation organized
and existing under the laws of the State of Pennsylvania, and authorized to transact business In the State of
Pennsylvania (hereinafter called "Surety'), as surety, are held and firmly bound unto
I -11T
r •,: , - ::
:• r.. a_.r
(hereinafter called •Obilgeel, in the penal sum of Five Hundred Thousand and no/100
Dollars (S 500,0 00), good and lawful money of the United States of America, for the payment of which, well and truly to be made,
we bind ourse)ves, our hairs, administrators, executors, successors and assigns, Jointly and severally, firmly by these presents.
SEALED with our seals and dated this 31 st day of M A D 1996,
WHEREAS, the above bounden Principal has entered Into a certain written contract with the above name Obligee,
For a pipelins license agreement to Install 8" nitrogen pipeline from Air Products Manufacturing Corps,
nitrogen pipeline on Chevron Refinery property to International Rectifier Corporation.
which contract is hareby referred to and made a part hereof as fully and to the same extent as if copied at length herein for the
purpose of explaining but not of varying or enlarging the obligation.
Now, Therefore, the condition of this obligation Is such that That Hine above bounden Principal shall well and Wiy keep,
do and perform, each and every, all and singular the matters and things in said contract set forth and specified to be by the said
Principal kept, done and performed at the time and in the manner in said contract specified, and shall pay over, make good and
reimburse to the above named Oblige*, all loss and damage which sold Obligee may sustain by reason or failure or default on
the pert of sold Principal, then this obligation shell be void; otherwise, to be and remain in full force and effect.
PROVIDED, however, this bond is executed by the Surety upon the express condition that no right of action shall accrue
upon or by reason hereof, to or for the use or benefit of any one other than the Obligee named herein; and the obligation of the
Surety Is and shall be construed strictly as one of suretyshlp only
- •• yF 1= "•L 11•
� JJ.
�.
INSURANCE COMPANY OF NORTH AMERICA
BY. - QA1t S,kMO,M3 6"a
Clare Stencavage, Attorney -ln-F
contraconna
338
IR3,UrA*CC Consyany of North Amcs 6'109945
Attoro ry
V ' CIGNA
Know all rnei by'these presents: That INSURANCE COMPANY OF NORTH AMERICA, a corporation of the Commonwealth
01 PernsylyaNa, having its POP* ofjloe In the City of Philadelphia, Pennsylvania, pursuant to the ldlowmg Resolution• adopted by the Board of
Otrectors of the said Compiry On December 5, 190, to wit: ,
'RESOLVED, Tian yorwy9 tO M9dai she and 5.1 of br &Hjbfft, to blaMie RJaa era 9wen 4u mowon t« ma kxxroaiy m bondl, undanabiga, rwoyoiranae
aNnbn and«hrxduigtln ula alunVwaob ,
et Tow w RWO*K any San« Vim 1Va�tlan4 any mci Pwedom "' ,'A aM vka fnadan, o any Ahbrn y4M Faa. mey *W WW wr and on be W «9M Wmwm am w.n bond.
1Wanakin ,[R90NLrlaiWn-baoil and o0W*orin to Fait MAW._aM_sYM baeemad xman 77���1�77•Mar Cbiporau Savairy, «anr Atpearn Coro« .sit t aid
. -- --- - - - -----•----
-
GD ,W*xh wday vwu* din Pb;byandl aenanN NNteWltW404i"no Won VW CanpMyin any raa as 010S11'W'd by VO P"OM W4 aaaaad b by lha CapoMi aaaatvy
4q mm!mm .mtM wwd ncal «vtaanpaan% «atSa n.«ry aaaNhnvla hwdaniale rw aae mta Cenpuymayaaalodbyf 0VM1aanany POweman fty
wiYWtKa RwolwpM>1fACr�aaN�WaM awtwNlM CpryanynaVw YIa60Yfb ato anY creeauofaMwahP0y 'ukaMrxbpox««
ap auN hoemllaalQaabin W aMialn6npaarComParry, H3 dean «dw Caroan f. add pit«tj►yslnf.a Qw triY eJthpdp• a c.my n v.dy mpa m ms ae«won, dy ey.tm m pr Conpa,y. and fry rodent ar' c w m.
owarym Nadtfelivaa lJibertlwax -
, ao(Wa aNOiWdndor lwct�+Gk{ Ly rod«aWllolly ynnudelltVwuUoama.6o . a md.Cron aawnd on,bn.a.+9sa. May 2L IM and MJIM 23.1977.•
does herate ,consUtuteapdappornt PAUL J. SIEGEL, RENEE VALENTI, KEVIN P. AUSTIN, BRIAN T. CORBETT,
and CTENCAVAGE,, \all'of the Cit}�' of Kingston, State of Pennsylvania----------------------
'rn
O
C ---- -- --- ----- --- --- ----------- ----- --- - - - - -- .each individually dthere be more than one
'O named its true and lawful attorney -in -fact, to make, execute, seal and deliver on its behalf, and as Its act and deed any and all bonds,
ayi undertakings, recogNzances,- oontiacts and other writings In the nature thereof in penalties not exceeding TEN MILLION-------- --
- --- oOLLARS(s 10.000,000.
,e to -- ------- ------ --------- -------
)each, and the execution of
y CO such writings in pursue of these presents, shall be as binding upon said Company, as fully and amply as if they had been duly executed
c '5 co and acknowledged by the regularly elected officers of the Company at its principal office.
6 L
V N IN WITNESS WHEREOF, the said William Jungrels, Vice - President, has hereunto subscribed his name and affixed the
W O to
k0 corporate seal of the said INSURANCE COMPANY OF NORTH AMERICA this 17th
L
d ? day of November
19 94
ui z INSURANCE COMPANY OF NORTH AMERICA
to 0
S
by
X '-' O ✓ %i` ` - .,. ' O m COMMONWEALTH OF PENNSYLVANI/f Y LM JNGREIS. WcCPresttlent
C CO COUNTY OF PHILAb21PHFA'
DIM On this 17th - day 0'r . November ,AD; 19.2 —, before me, a Notary Public of
cc� the Commonwealth of Parinsylvania In and for the Cotnty of Phdaddpfaa came William Jrigreis, Vice- President of the INSURANCE
CCOMPANY OF NORTH AMERICA to me personafFy known to be the afdividual and orficer who executed the preceding Instrument, and he
E • _ acknowledged that he executed the same, and that the seal affixed to the preceding instnmmit is the corporate seat of said Company, that
L D a sal #�I his signature W" duty afromd by the authority and direction of the said corporationn, and that Resolution,
IN
O r tors of said Company, refired to in the preceding imshumeriL is now in face.
EOF, I have hereunto sat my hand and affixed my official seat at the City of Philadelphia the day and year
COO N ten R�tAQi Fqn ,
Q
Z L) OF ? _ NOTARJAI.sE ' l
Phd ty ` Ade pAa,)2hdajeba County, � ; ; votary Pubic
no SYL`t bommnssion ei rebb -' ben 30 1995
the / oYJf.6lAiANf:E'COMPlS71' OF TN .
3 ArY \ AAff�CA, do hereby Cerbf)i2- t}�/ihe txiga et PChWEA OF'ATTORI � of
which the foregang i Snip And gorcSct �oPJ(. rs,fn full force amend elfijtV � � _ _ .:� ; �r� -. � ,
lrt w•ltness whereof, 31$ hereunto subscribed lily name. ,239 scrdary, and etfil�et! �jp: \"PoNle- feu aft Ogippfalwn;�bns
,., • , `lt = • %•` w day -
c', '. /.
}y1 OF
POWER ATT
!r"'S
BS -33 6 ^Pic 1M5.A ` ' \ ✓'/ :' ! \ \.:\� i'\�i � \ ✓� ./ii \ \i :- ; /i J / `//.\1 � / \v. \ i.:,\/r1�o �. \�; ' \, ^
Z� \ \C /%�,�i
CERTIFICATE OF INSURANCE
PRODUCaTS
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER
OTHER THAN THOSE PROVIDED BY THIS POLICY THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE
AFFORDED BY THE POLICIES DESCRIBED HEREIN I-'VED REVISED CERTIFICATE # floss
NAME AND ADDRESS OF INSURED AUG 16 1996 NAME AND ADDRESS OF BROKER
AIR PRODUCTS MFG CORPORATION MARSH & MCLENNAN, INC
7201 HAMILTON BLVD ENGINEERING 1166 AVENUE OF THE AMERICAS
ALLENTOWN, PA 18195 DIVISION NEW YORK, NY 10036 -2774
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD
INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE
MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, CONDITIONS AND
EXCLUSIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
TYPE OF INSURANCE
NAME OF INSURER
POLICY NUMBER
POLICY
EXPIRES
LIMITS OF LIABILITY
NATIONAL UNION FIRE INSURANCE
ALL STATES WC 2118009
COMPANY OF PITTSBURGH, PA
CALIFORNIA WC 2118008
AZ, ID OR WC 2118007
AL, AR CO DE FL, GA, IA,
WORKERS' COMPENSATION
THE INSURANCE COMPANY OF THE
IN, KS KY MO, NE, NC, PA,
STATUTORY
AND
STATE OF PENNSYLVANIA
RI, SC, TN WC 1361930
TEXAS WC 1361931
6 -01.97
$2,000,000
EMPLOYER'S LIABILITY
MO AND VA WC 1361934
PER OCCURRENCE
ILLINOIS NATIONAL INSURANCE CO
ILLINOIS WC 1361933
NATIONAL UNION FIRE INSURANCE
LOUISIANA WC 1361932
COMPANY OF LOUISIANA
COMPREHENSIVE AUTOMOBILE
LIABILITY (INCLUDING COVERAGE
NATIONAL UNION FIRE INSURANCE
ALL STATES CA 1431768,
HAWAII AND
COMBINED SINGLE LIMIT
FOR ALL OWNED, HIRED AND
COMPANY OF PITTSBURGH, PA
VIRGINIA CA 1431769,
6 -01 -97
$2,000,000
PER OCCURRENCE
NON -OWNED AUTOMOBILES)
TEXAS CA 1353119
COMBINED SINGLE LIMIT
GENERAL LIABILITY, BODILY
INJURY AND PROPERTY
NATIONAL UNION FIRE INSURANCE
$2,000,000
DAMAGE LIABILITY
COMPANY OF PITTSBURGH, PA
ALL STATES GL 3197059
6 -01 -97
PER OCCURRENCE
INCLUDING'
$4,000,000 AGGREGATE
(93 ISO)
LIMIT OF LIABILITY
OTHER
PER OCCURRENCEAAGGREGATE
'COMMERCIAL GENERAL LIABILITY, PRODUCTS COMPLETED OPERATION, INDEPENDENT CONTRACTORS, CONTRACTORS PROTECTIVE, CONTRACTUAL LIABILITY,
MANUFACTURERS AND CONTRACTORS LIABILITY, BROAD FORM PROPERTY DAMAGE, PERSONAL INJURY, EXPLOSION, COLLAPSE, UNDERGROUND HAZARD
REMARKS/DESCRIPTION OF OPERATION/LOCATIONSNEHICLES
IT IS AGREED THAT THE CITY OF EL SEGUNDO, ITS RESPECTIVE ELECTIVE AND
FOLD APPOINTIVE OFFICERS, OFFICIALS, EMPLOYEES AND AGENTS ARE NAMED
HERE ADDITIONAL INSUREDS ON THE ABOVE GENERAL LIABILITY AND AUTOMOBILE
LIABILITY POLICIES BUT ONLY WITH RESPECT TO THE TERM OF THE PIPELINE
LICENCE AGREEMENT FOR NITROGEN PIPELINE TO INTERNATIONAL RECTIFIER :3E
ADDITIONAL INSURED'S INSURANCE OR SELF - INSURANCE SHALL BE EXCESS TO
THAT OF GRANTEE AND SHALL NOT CONTRIBUTE WITH IT
CANCELLATION SHOULD ANY OF THE POLICIES DESCRIBED HEREIN BE CANCEL-°^ BEFORE THE EXPIRATION DATE THEREOF, THE INSURER
AFFORDING COVERAGE WILL ENDEAVOR TO MAIL 30 DAYS' WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED HEREIN,
BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER
AFFORDING COVERAGE, ITS AGENTS OR REPRESENTATIVES
NAME AND ADDRESS OF CERTIFICATE HOLDER
r
CITY OF EL SEGUNDO
350 MAIN STRFET
EL SEGUNDO, CA 90245
ATTN BELLUR DEVARA.7, CITY ENGINEER
FORM 2197 -1 (REV 31961
1
DATE ISSUED 14 AUGUST 1996
MARSH & MCLENNAN, INC
By
J.
EL SEGUNDO CITY COUNCIL MEETING DATE. June 19, 2007
AGENDA ITEM STATEMENT AGENDA HEADING. Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action to accept a cash contribution from Chevron Products
Company, donated to the El Segundo Fire Department in support of Super CPR Saturday
(Cardin- Pulmonary Resuscitation instruction, $1,000) and Suppression Training ($3,056 45)
Fiscal Impact $4,056 45
RECOMMENDED COUNCIL ACTION
1) Accept donations and authorize the City Manager to transfer the monies into the CPR
General Fund account and Suppression Training account, 2) Alternatively, discuss and take
other action related to this item
BACKGROUND & DISCUSSION.
Super CPR Saturday
Since 1996, the El Segundo Fire Department, in conjunction with the American Red Cross and
the El Segundo High School, has sponsored its annual Super CPR Saturday event This
event offers FREE Adult CPR training to the community at large and traditionally trains
approximately 300 citizens in one day Over the past eleven years, the event has trained
several thousand people from all over the South Bay in the necessary skills to perform CPR
and perhaps save a life Chevron has been an annual contributor to Super CPR Saturday
since its inception
Suppression Training
The El Segundo Fire Department (ESFD) works cooperatively with the Chevron Fire
Department to provide fire protection services to the Chevron El Segundo refinery
DOCUMENTS.
None
FISCAL IMPACT-
Continued next
Operating Budget. $2,400 CPR, $26,500 Suppression Training
Amount Requested: $1,000 CPR, $3,056 45 Suppression Training
Account Number: 001 - 300 -0000 CPR, 001 - 400 - 3202 -6223 Suppression Training
Project Phase: n/a
Appropriation Required, _Yes X No
ORIGINATED BY- DATE, 05/31/07
Kewn Smith Fire Chief
REVIEW DATE'
Jeff Manager I) 10
141
BACKGROUND & DISCUSSION, continued:
The department has been afforded the opportunity to participate in a Petroleum Firefighting
course at Texas A &M University This school provides invaluable knowledge and experience
to ESFD Firefighters, who are amongst a list of responders to emergencies at the Chevron El
Segundo Refinery Chevron has graciously offered to provide reimbursement to the City to
cover costs of the travel, and room and board for three participants to attend this specialized
training in Texas
149.
EL SEGUNDO CITY COUNCIL MEETING DATE. June 19, 2007
AGENDA ITEM STATEMENT AGENDA HEADING- Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action to approve the use of the City of El Segundo logo and
vehicle graphics of the El Segundo Fire Department on a new special edition "Hot Wheels"
die -cast replica toy fire vehicle, to be designed and produced by Mattel, Inc
Fiscal Impact None
RECOMMENDED COUNCIL ACTION
1) Authorize the City Manager to execute a License Agreement with Mattel, Inc , in a form
approved by the City Attorney, to allow the use of the City of El Segundo logo and vehicle
graphics of the El Segundo Fire Department for production of die -cast replica toy fire vehicles,
2) Alternatively, discuss and take other action related to this item
BACKGROUND & DISCUSSION:
Mattel, Inc is proposing to manufacture a "Hot Wheels" toy version of an El Segundo Fire
Department vehicle They are requesting permission to use the El Segundo Fire Department
name and a graphic image of the City of El Segundo logo The City will not receive any profits
made from this production The City retains the right to purchase units at wholesale price
A production pilot sample will be delivered to the Fire Chief for inspection and approval priorto
actual production The City and Fire Department will benefit from the public relations and
promotional value of the toys
ATTACHED SUPPORTING DOCUMENTS:
Mattel License Agreement
FISCAL IMPACT: None
Operating Budget: n/a
Amount Requested, n/a
Account Number- n/a
Project Phase- n/a
Appropriation Required- _Yes X No
ORIGINATED BY. DATE: 06/13/07
Kewn Smith_ Fire Chief
1
X43
LICENSE AGREEMENT
THIS AGREEMENT (the "Agreement ") is made and entered into as of the 9th
day of May, 2007 (the "Effective Date ") by and between the City of El Segundo,
California, having its principal office at 314 Main Street, El Segundo, California 90245
(hereinafter referred to as "LICENSOR ") and Mattel, Inc, a corporation organized under
the laws of the State of Delaware, having its principal office at 333 Continental
Boulevard, El Segundo, CA 90245 -5012 (hereinafter referred to as "MATTEL ").
WITNESSETH.
WHEREAS, LICENSOR represents and warrants that it is the owner of various
trademarks, copyrights and other proprietary rights in and to the Property as set forth
below, and
WHEREAS, MATTEL is engaged in the business of manufacturing and selling
toys and games and other consumer products, and
WHEREAS, MATTEL desires to use certain of LICENSOR'S trademarks,
copyrights, and other intellectual property in the manufacturing and distribution of
MATTEL'S products, and
WHEREAS, LICENSOR is willing to license MATTEL the right to use certain of
LICENSOR'S trademarks, copyrights, and other intellectual property in the
manufacturing and distribution of MATTEL'S products under the terms set forth in this
Agreement.
NOW, THEREFORE, for and in consideration of the mutual covenants and
agreements contained herein and other good and valuable consideration, receipt of which
is hereby acknowledged, it is hereby agreed as follows
1. LICENSOR hereby grants to MATTEL a non - exclusive royalty -free
worldwide license to use the trademarks, tradenames, copyrights, designs, logos and
likenesses including names, accessories and other visual or identifying representations
associated with the El Segundo Fire Department and Rescue Vehicles (hereinafter
referred to as the "LICENSED PROPERTY ") in conjunction with the manufacture,
marketing, distribution, promotion and sale of various scaled die -cast and/or plastic toy
vehicles replicas (motorized or non - motorized), playsets and accessories (hereinafter
referred to as the "LICENSED PRODUCTS "). In accordance with El Segundo
Municipal Code (ESMC) Section 1 -3 -3, LICENSOR agrees that MATTEL'S use of the
City Sea] is, in part, to advertise the City of El Segundo and, in doing so, encourage
tourism and other economic development The rights granted herein shall apply to all
channels of distribution, including without limitation, direct marketing to consumers, the
Internet and online marketing and sale
333 Contmental Ooulevaro Et Segundo, 90245 -5012 Telephone 310 262 2000 144
2 This Agreement shall become effective on the date first written above and shall continue
in effect for a term expiring on December 31, 2010 MATTEL, in its sole discretion, shall have the
option to renew this Agreement for two additional one -year periods, by written notice given to
LICENSOR at least sixty (60) days prior to the expiration of the then current term.
3. MATTEL shall have no duty to manufacture and/or sell any LICENSED PRODUCTS
or to otherwise exploit the rights granted herein
4 In the event that MATTEL does manufacture LICENSED PRODUCTS, then, in full
consideration for the rights granted to MATTEL hereunder, MATTEL agrees to furnish LICENSOR
with One Hundred (100) units of each of such LICENSED PRODUCTS at no charge, shipping and
handling included. MATTEL shall not be required to furnish to LICENSOR units of any SKU (Stock -
keeping Unit, the identification number assigned to individual products) of any LICENSED
PRODUCTS unless MATTEL has completed a full and final production run for such SKU No
inadvertent failure of MATTEL to provide any such LICENSED PRODUCTS to LICENSOR shall be
deemed a breach of this Agreement, provided that, to the extent reasonably possible and provided that
such LICENSED PRODUCTS are currently being manufactured, MATTEL shall retrospectively
provide such LICENSED PRODUCTS upon notice from LICENSOR of MATTEL'S failure to do so
5 MATTEL agrees that the LICENSED PRODUCTS shall be of a standard of quality as
high as that of other similar MATTEL products as of the date of this Agreement.
6. In the event that MATTEL does manufacture LICENSED PRODUCTS, then MATTEL
shall submit to LICENSOR electronic "e- sheet" (e.g peg) samples of each LICENSED PRODUCT
(including packaging and artwork) for approval. LICENSOR shall have ten (10) business days to
approve or disapprove the electronic "e- sheet" samples, which LICENSOR shall not unreasonably
delay. In any event, the failure by LICENSOR to provide written approval/disapproval within ten (10)
business days shall be deemed approved. Upon request and subject to availability and in reasonable
quantities, LICENSOR shall have the right to purchase additional quantities of the LICENSED
PRODUCTS from MATTEL at MATTEL'S best wholesale price
7. MATTEL and its subsidiaries may sublicense or assign among themselves and to their
subsidiaries the rights to manufacture, import, distribute and sell the LICENSED PRODUCT
MATTEL shall remain directly and primarily obligated under all the provisions of this Agreement and
any default of this Agreement by its subsidiaries shall be deemed a default by MATTEL hereunder
8 In addition to the other rights licensed to MATTEL herein, LICENSOR herein grants to
MATTEL the right to use the name, nickname, likenesses and visual or identifying representations of
the LICENSED PROPERTY in connection with the marketing and sale of the LICENSED
PRODUCTS, including in advertising, selling, packaging and promotional and publicity materials
relating to the LICENSED PRODUCTS.
9 MATTEL acknowledges that nothing contained in this Agreement is intended as an
assignment or grant to MATTEL of any right, title or interest in or to the LICENSED PROPERTY or
the goodwill attached thereto
2 145
10 LICENSOR shall at all times remain the owner of any and all of the LICENSED
PROPERTY created by LICENSOR and used by MATTEL in connection with the LICENSED
PRODUCTS. MATTEL shall own all intellectual property rights embodied in the LICENSED
PRODUCTS excluding the LICENSED PROPERTY.
11. MATTEL agrees to affix a legal notice on the packaging and other materials that
incorporate the LICENSED PROPERTY in order to denote LICENSOR's trademark and/or copyright in
materials that incorporate the LICENSED PROPERTY. The legal notice when used on the LICENSED
PRODUCTS may be abbreviated in accordance with legal requirements and as space permits Subject to
LICENSOR's exclusive rights to the LICENSED PROPERTY, MATTEL is expressly permitted to apply
to the LICENSED PRODUCTS any trademarks, artwork and designs that it selects and to apply
appropriate patent, trademark and/or copyright notices. All such trademark and copyright notices shall be
in the name of MATTEL, subject to the LICENSOR's exclusive rights to the LICENSED PROPERTY.
12 LICENSOR represents and warrants to MATTEL that it is the sole owner of the
LICENSED PROPERTY and that it has the full power and authority to enter into this Agreement.
LICENSOR agrees to indemnify MATTEL against any loss and expense including its reasonable
attorneys' fees arising out of any claims, demands, or actions that may be instituted against MATTEL
by reason of any claim of a superior right to any element of the LICENSED PROPERTY.
13 MATTEL agrees to indemnify LICENSOR against all third party claims arising out of
its marketing or sale of the LICENSED PRODUCTS, including claims for personal injury, except that
LICENSOR shall be solely responsible for any claims based upon use of the LICENSED PROPERTY
as permitted by this Agreement. MATTEL shall have the right to control the defense and settlement of
any such third parry claims.
14 Either party may terminate this Agreement in the event that the other party materially
breaches the terms of this Agreement or any of the warranties or representations made herein, provided
that the non - breaching party provides the breaching party with written notice of such default and sixty
(60) days within which to remove or cure such default. If there is no removal or cure of the default
within such period, the Agreement may then be immediately terminated by the non - breaching party
15 Upon expiration or earlier termination of this Agreement, MATTEL agrees to
discontinue all use of the LICENSED PROPERTY, except that MATTEL shall continue to have the
right to sell off all existing inventory bearing the LICENSED PROPERTY, whether completed or in
the process of manufacture, for a period of six (6) months after expiration or early termination
16. All notices wherever required in this Agreement shall be in writing and sent by
facsimile, certified mail or overnight delivery and shall be deemed given when sent or mailed.
17 If any provisions of this Agreement are for any reason declared to be invalid, the
validity of the remaining provisions shall not be affected thereby.
18. This Agreement and each and every one of its provisions shall be interpreted under the
laws of the State of California.
3
i.� �6
19 This Agreement represents and expresses the entire agreement of the parties and
supersedes all prior agreements, representations and understandings (whether written or oral) between
the parties concerning the subject matter hereof An amendment or modification of a term or condition
of this Agreement must be in writing duly executed by both parties
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and
year first written above.
MATTEL INC.
CITY OF EL SEGUNDO CA
By
By
Print Name
Title-
Print Name
Title
Date:
Date
AMSi:
City Clerk
CIIV of 8 Segundo
0
147
EL SEGUNDO CITY COUNCIL
AGENDA ITEM STATEMENT
MEETING DATE: June 19, 2007
AGENDA HEADING: Consent A9enc
AGENDA DESCRIPTION:
Consideration and possible action regarding adoption of a resolution amending Resolution No
4499 per the Board of Administration of the Public Employees' Retirement System (PERS)
The amendment revises the Resolution to consistent with the City's PERS (Public Employees
Retirement System) reporting requirements regarding the Employer Paid Member Contribution
(EPMC) (Fiscal Impact None)
RECOMMENDED COUNCIL ACTIOW
1) Adopt Resolution amending Resolution No 4499
2) Alternatively discuss and take action related to this item
BACKGROUND & DISCUSSION-
Resolution No 4499 was passed to meet the requirements from CalPERS, regarding the
City's authority to pay and report the Employer Paid Member Contribution (EPMC) The
Resolution included all fire and police employees in the "Safety group" but should have
included only the employees in the Police Safety group Per the El Segundo Firefighters'
Association Memorandum of Understanding (MOU) Section 12 04 the members of this group
pay their own contracted 9% contribution to PERS and have this amount included in their base
pay Therefore, the Fire Safety group is incorrectly included in, and needs to be removed from
this Resolution
ATTACHED SUPPORTING DOCUMENTS:
Proposed Resolutions
FISCAL IMPACT' NONE
Operating Budget.
Amount Requested:
Account Number
Project Phase:
Appropriation Required: _Yes x No
ORIGINATED. DATE•
tam �/r 3 /07
Deborah Cullen. Aerim Director of Finance
DATE: G j�3161
Jeff
-12
148
RESOLUTION NO.
A RESOLUTION AMENDING RESOLUTION 4499 REGARDING
PAYING AND REPORTING THE VALUE OF EMPLOYER PAID
MEMBER CONTRIBUTIONS.
BE IT RESOLVED by the Council of the City of El Segundo as follows
SECTION 1 Resolution No 4499, adopted December 21, 2006 is hereby
amended as follows
Delete "This benefit shall apply to all
employees of the Safety Group "
Add "This benefit applies to all
employees in the Police Safety
Group "
SECTION 2. The City Clerk is directed to certify the adoption of this Resolution,
record this Resolution in the book of the City's original resolutions, and
make a minute of the adoption of the Resolution in the City Council's
records and the minutes of this meeting
SECTION 3 This Resolution will become effective immediately upon adoption
and will remain effective unless repealed or superseded
PASSED AND ADOPTED this day of 2007
Kelly McDowell, Mayor
ATTEST
Cindy Mortesen,
City Clerk
APPROVED
MARK D HE
By: R
arl H Berger,
Assistant City
149
RESOLUTION NO. 4499
CITY OF EL SEGUNDO RESOLUTION FOR PAYING AND REPORTING
THE VALUE OF EMPLOYER PAID MEMBER CONTRIBUTIONS
WHEREAS, the governing body of the City of El Segundo has the authority to
implement Government Code Section 20636(c)(4) pursuant to Section 20691,
WHEREAS, the governing body of the City of El Segundo has a written labor policy or
agreement which specifically provides for the normal member contributions to be
paid by the employer, and reported as additional compensation;
WHEREAS, one of the steps in the procedures to implement Section 20691 is the
adoption by the governing body of the City of El Segundo of a Resolution to
commence paying and reporting the value of said Employer Paid Member
Contributions (EPMC),
WHEREAS, the governing body of the City of El Segundo has identified the following
conditions for the purpose of its election to pay EPMC;
• This benefit shall apply to all employees of the Safety Group
This benefit shall consist of paying 9% of the normal contributions as EPMC, and
reporting the same percent (value) of compensation earnable* (excluding
Government Code Section 20636(c)(4)).
• The effective date of this Resolution shall be December 19, 2006
NOW, THEREFORE, BE IT RESOLVED that the governing body of the City of El
Segundo elects to pay and report the value of EPMC, as set forth above.
PASSED, APPROVED AND ADOPTED this 19day of Dec. 2006.
Kelly Mel
City of El
The foregoing instniment is a full, true, and
correct copy of the anginal on file'' in this
AT1TEST: °21 �wy�C�c N Abob
U t: rr V%1
City Clerk, of El Segundo
150
ATTEST
1, Cindy Mortesen, City Clerk of the City of El Segundo, California, do
hereby certify that the whole number of members of the City Council of said
City is five, that the foregoing Resolution No i,,_q was duly passed and
adopted by said City Council, approved and signed by the Mayor, and attested
to by the City Clerk, all at a regular meeting of said Council held on the day
of , 2006, and the same was so passed and adopted by the
following vote:
AYES McDowell, Busch, Boulgarides, Fisher, Jacobson
NOES None
ABSENT None
ABSTAIN None
�G
Cindy MoUesen, City Clerk
2 151
EL SEGUNDO CITY COUNCIL
AGENDA ITEM STATEMENT
MEETING DATE: June 19, 2007
AGENDA HEADING: Consent
Consideration and possible action regarding adoption of a Resolution appointing the Mayor,
City Manager, or designee to serve as board member, alternate board member, and
substitute alternate board member on the Independent Cities Risk Management
Association (ICRMA) governing board
RECOMMENDED COUNCIL ACTION.
(1) Adopt Resolution appointing the Mayor Kelly McDowell as the ICRMA primary
governing board member and City Manager Jeff Stewart as the alternate governing board
member, (2) Alternatively discuss and take other action related to this item
BACKGROUND & DISCUSSION'
The bylaws of ICRMA require that an elected official be appointed by resolution to the
governing board of ICRMA, an alternate (may be a staff person) be appointed in the
primary member's absence, and a substitute alternate (may be a staff person) be appointed
to act in the primary and alternate member's absence Mayor Kelly McDowell and City
Manager Jeff Stewart are the current primary and alternate board members This
resolution will reappoint Kelly McDowell as the governing board member, City Manager Jeff
Stewart as alternate governing board member and grant authority to the City Manager to
designate an alternate and substitute alternate as needed to represent the City's interest
ATTACHED SUPPORTING DOCUMENTS'
Resolution to appoint specific representatives to ICRMA
FISCAL IMPACT:
Operating Budget:
Amount Requested.
Account Number:
Project Phase
Appropriation Required: _ Yes X No
ORIGINATED BY: DATE:
A� L1, 7
Deborah Cul en, Interim Director of Finance
REMwart, DATE: Jeanager
13
V N
RESOLUTION NO.
A RESOLUTION APPOINTING REPRESENTATIVES TO THE INDEPENDENT
CITIES RISK MANAGEMENT AUTHORITY ( "ICRMA ").
The City Council of the city of El Segundo resolves as follows
SECTION 1 The City Council finds and declares as follows
A El Segundo is a member of the Independent Cities Risk Management Authority ( "ICRMA ")
B Pursuant to the ICRMA By -laws and Joint Powers Agreement, the City Council may appoint
an elected official to the ICRMA Governing Board, an alternate for the elected official who
may be a City employee, and a substitute alternate who may also be a City employee
SECTION 2 Councilmember Kelly McDowell is appointed to serve on the ICRMA Governing Board
as the City's representative
SECTION 3 The City Manager is appointed as the City's alternate representative and the City
Manager has the authority to designate an alternate and substitute alternate as needed to represent the
City's interest
SECTION 4 The individuals appointed by this Resolution are authorized to represent the City while
acting as ICRMA delegates Such authority includes the power to vote for the City on matters presented
to the ICRMA Governing Board These representatives are directed to keep the City Council regularly
informed regarding ICRMA proceedings
SECTION 5. This Resolution will become effective immediately upon adoption
ATTEST
Cindy Mortesen, City
APPROVKlBerger,
Mark D
By
Assistant City
PASSED AND ADOPTED this _ day of 2007
I-
Kelly McDowell, Mayor
153
ATTEST
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO )
I, Cindy Mortesen, City Clerk of the City of El Segundo, California, do hereby certify that the
whole number of members of the City Council of said City is five, that the foregoing Resolution
No 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 vote
AYES
NOES
ABSENT
ABSTAIN
Cindy Mortesen, City Clerk
-2-
lad
EL SEGUNDO CITY COUNCIL MEETING DATE: June 19, 2007
AGENDA ITEM STATEMENT AGENDA HEADING. Consent Calendar
AGENDA DESCRIPTION-
Consideration and possible action regarding a new Alcoholic Beverage Control (ABC) license
for on -site sale and on -site consumption of alcohol (Type 41 - On -Sale Beer and Wine) at a
new restaurant located at 225 Richmond Street, EA No 747 and AUP No 07 -04 Applicant
Neil Cadman
COUNCIL ACTION:
1 Receive and file a determination that the City Council does not protest the Issuance of
a new Type 41 ABC license at 225 Richmond Street and /or,
2 Alternatively, discuss and take other action related to this Item
BACKGROUND & DISCUSSION,
At its April 4, 1995 meeting, the City Council directed staff to bring all future ABC licenses to
them for review The ABC regulations require a 30 -day review and comment period, for
alcohol sales at restaurants, after notification of the local police and planning departments
The grounds of a protest should relate to public health, safety or welfare concerns
Restaurants with Type 41 licenses are specifically excluded from the ABC regulations, which
require the City to make findings of public convenience of necessity in areas of "undue
concentration" for off -site sale licenses, but based on previous Council direction, staff is
providing undue concentration calculation background information
(continued on next page )
ATTACHED SUPPORTING DOCUMENTS:
1 Crime and Arrest Statistics by Reporting Districts (RD)
2 Police Reporting Districts Map
3 Approval Letter to Applicant dated May 24, 2007
4 Planning Commission Staff Report dated June 14, 2007
FISCAL IMPACT. None
Operating Budget.
NIA
Amount Requested:
N/A
Account Number:
N/A
Project Phase:
N/A
Appropriate Required:
_Yes x No
ORIGINATED BY: DATE-
Gary Chicots, lr im Director of Planning and Building Safety
REVIEWED //, DATE: / l(2 G
Jeff Sfe^art, City Manager
154
1,4
STAFF REPORT: June 19, 2007 PAGE 2
BACKGROUND & DISCUSSION: (cont)
According to the most recent Crime and Arrest statistics report (July 2006 — December
2006) prepared by the Police Department, the proposed restaurant is located in Reporting
District (RD) 112 Based on 2006 reported data prepared by the Police Department, the
district had a total of 18 Part I crimes (criminal homicide, forcible rape, robbery, aggravated
assault, burglary, larceny -theft, motor vehicle theft and arson) and 13 felony and
misdemeanor arrests The Police Department and the Department of Planning and
Building Safety have no concerns regarding the issuance of a new ABC license for this
specific restaurant
The approval of this license request would be for the convenience of serving their
customers at the restaurant A request for a new license is required, since the applicant
does not currently hold a Type 41 license, and there was no previous license issued for this
address location The applicant intended hours of alcohol sale are expected to be during
the hours the restaurant is open The restaurant's hours of operation will be limited to 11 00
a m to 9 00 p m Monday through Thursday, and 11 00 a m to 12 00 a m Fridays and
Saturdays The restaurant will be closed every Sunday
On May 24, 2007, the Director of Planning and Building Safety Department approved an
Administrative Use Permit application (EA No 747, AUP No 07 -04) for 225 Richmond
Street The Director's decision was forwarded to the Planning Commission on June 14,
2007 The Planning Commission chose to Receive and File the item and the conditions of
approval
The ABC license review is a separate application from the City's AUP process, which
requires mandatory findings that are regulated by the Department of Alcoholic Beverage
Control The Department of Alcoholic Beverage Control (ABC) in addition to reviewing the
City's AUP approval is responsible for running a complete background check on all alcohol
license applicants, as well as conducting site inspections, before the issuance of any type of
license
P \PP \Planning & Building Safety\PROJECTS \726- 750\EA- 747\2007 6 14 EA- 747ccreport doc
155
EL SEGUNDO POLICE DEPARTMENT
REL,.jRDED PERIOD. JULY - DECEMBER 2006
PART I CRIME AND ARREST STATISTICS BY REPORTING DISTRICT RD
RD
VA 1ZT2M}RI'MES .
ALL
aFELONYPMISD
%ARRESTS
TOTAL
+PERCENTAGE+,�F-
101
13
8
21
+62%
102
5
3
8
-38%
103
4
1
5
-62%
104
15
18
33
+154%
105
9
6
15
+15%
106
10
8
18
+36%
107
18
22
40
+208%
108
11
21
32
+146%
109
5
7
12
-8%
110
4
2
6
-54%
111
2
1
3
-77%
112
18
13
31
+138%
113
9
12
21
+62%
114
3
1
4
-69%
115
0
0
0
0 0/0-
116
0
0
0
0%
201
11
8
19
+46%
202
6
5
11
-15%
203
6
4
10
-23%
204
3
3
6
-54%
205
9
5
14
+80/0
206
8
7
15
+15%
207
12
16
28
+115%
208
9
6
15
+15%
209
15
11
26
+100%
210
17
21
36
+192%
211
7
4
11
-15%
212
6
4
10
-230/b
301
6
3
9
-31%
302
4
1
5
-62%
303
2
1
3
-77%
304
1
1
2
-850/0
305
1
1
2
-85%
306
0
0
0
00/0
307
0
0
0
0%
308
20
28
48
+269%
309
9
14
23
+77%
310
1
1
2
-85%
311
4
0
4
-69%
312
3
2
5
-62%
313
1
0
1
-92%
314
2
1
3
-77%
315
4
3
7
-46%
316
0
0
0
0%
317
3
1
4
-690/c
318
16
20
36
- 177%
319
32
26
58
+346%
320
2
1
3
-77%
321
0
0
0
00/0
322
3
1
4
-690/c
323
0
0
0
00/0
324
0
o
0
0%
TOTALS
349
322
671
Number of Reporting Districts = 52
Average # of Part I Crimes per Reporting District = 7
Average # of Felony /Misdemeanor Arrests per Reporting District = 6
Average # of Crimes and Arrests per Reporting District = 13
Results from 07/01/2006 through 12/31/2006
Records /eg Page 1 2/8/2007
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Elected Officials
Kelly McDowell,
Mayor
Ent, Busch,
Mayor Pro Tam
Jim Boulgarldes,
C Member
Carl Jacobson, cobs
Council Member
ell! Fish.,
uH s.,Cou ber
Cindy M.lan,
City Cork
Ralph
Citty y Tma surur
Tneer
Appointed Officials
✓er/reysiewart,
City Manager
Marko Kensley,
City Artomey
Department Directors
Bill Cmwe, Assmtant City
Manager
Brat Plum/ee,
Atlmimsirabee Seremas
Kann smith,
Fire chief
Debra Brighton,
Library d Gable Services
Gary Chicats, Intenm,
Planning and Bwldmg
safety
David Cummings,
Police Chie/
Steven Pinion
Public Works
Richard Brunette
Recreaiian L Parks
www elsegundo org
Department of Planning and Building Safety
24.2007
Nell Cadman
321 -323 Main St, LLC
214 Main Street #361
El Segundo, CA 90245
RE Environmental Assessment No. EA -747 and
Administrative Use Permit (AUP) No. 07 -04
On -site sale and on -site consumption of beer and wine at a
proposed restaurant (Type 41 ABC License)
Address: 225 Richmond Street, El Segundo
Dear Mr Cadman
This letter supercedes the previous letter dated May 21, 2007, 1 am
pleased to inform you that, in accordance with Chapter 15 -22 of the City of
El Segundo Zoning Code, the Planning Division has reviewed your
application for the above - referenced project and the Director of Planning
and Building Safety Department has APPROVED Administrative Use
Permit No 07 -04 for the on -site sale and on -site consumption of beer and
wine at 225 Richmond Street The following are the findings and facts in
support of each finding for this decision
FINDINGS AND FACTS IN SUPPORT OF FINDINGS:
Environmental Assessment EA No. 747
Findinng_I
• The proposed project is exempt from the requirements of the
California Environmental Quality Act (CEQA) pursuant to Section
15303, Class 3, as the project involves the conversion of an
existing small structure into a 1,939 square -foot restaurant that will
serve beer and wine Beer and wine will also be sold and
consumed in the new proposed 200 square -foot outdoor dining
area located at the Immediate rear of the restaurant and will contain
13 seats
350 Main RtrPrat Ft corii,r,rar, r�tirr...,,� omn�_�un�
i5$
Facts in Support of Finding 1
1, The applicant proposes to provide for on -site sale and on -site consumption of
beer and wine at a proposed 1,939 square -foot restaurant (a bona fide public
eating place) in an existing building at 225 Richmond Street CEQA does not
require an environmental assessment if the project consists of limited
construction and the conversion of an existing small structure from one
commercial use to a restaurant where only minor modifications are made
Administrative Use Permit 07 -04
Finding 1
• There is compatibility of the particular use on the particular site in relationship to
other existing and potential uses within the general area in which the use is
proposed to be located
Facts in Support of Finding 1
1 The applicant proposes to provide on -site sale and on -site consumption of
alcohol in a proposed restaurant The approximately 1,939 square -foot
restaurant will occupy an existing single -story building The restaurant will
contain a maximum of 63 indoor seats, including five barstools and 13 seats
within the 200 square -foot outdoor patio.
2 The restaurant must obtain a State of California Alcohol and Beverage Control
(ABC) license for on -site sale and consumption of alcohol (Type 41),
3 The surrounding land uses include. commercial retail, offices, residential and
restaurants The proposed restaurant use which will serve alcohol will be
compatible with the surrounding uses
4 The intended hours of alcohol sale are expected to be during the hours the
restaurant is open The restaurant's hours of operation will be limited to 11 00
a m to 9 00 p m Monday through Thursday, and 11 00 a m to 12 00 a m
Fridays and Saturdays The restaurant will be closed every Sunday
5 The General Plan land use designation for the site is Downtown Specific Plan
6, The zoning for the site is Downtown Specific Plan (DSP) and more particularly
the Richmond Street District of the DSP Restaurants are a permitted use in this
district of the zone in accordance with Section VI C 2 a ii of the El Segundo
Downtown Specific Plan The proposed use requires an Administrative Use
Permit (AUP) in accordance with Section VI C 4 a of the El Segundo Downtown
15g
2
Specific Plan for the on -site sale and consumption of alcohol (beer and wine
only)
7 On June 14, 2007, the El Segundo Planning Commission is scheduled to
Receive and File the Administrative Use Permit request
Finding 2
• The proposed use is consistent and compatible with the purpose of the Zone in
which the site is located
Facts in Support of Finding 2
1 The General Plan land use designation for the site is Downtown Specific Plan
2 The zoning for the site is Downtown Specific Plan (DSP) and more particularly
the Main Street District of the DSP Restaurants are a permitted use in this
district of the zone in accordance with Section VI C 2 a u of the El Segundo
Downtown Specific Plan The proposed use (on -site sale and consumption of
beer and wine) requires an Administrative Use Permit (AUP) in accordance with
Section VI C 4.a of the El Segundo Downtown Specific Plan
3 The purpose of the Downtown Specific Plan (DSP) and more particularly the
Richmond Street District of the DSP is intended to be resident serving, providing
a pedestrian - oriented environment Standards for the district are intended to
maintain, enhance, and protect the historical "Old Town" character of the area
while allowing the flexibility and mixture of commercial and residential uses The
proposed use is consistent with this purpose of the zone in that the building
contains a restaurant which is a resident serving pedestrian oriented use and the
budding has been designed with brick to preserve the historical "Old Town"
character of the area.
4. The surrounding land uses include general commercial, offices, restaurants and
residential The proposed restaurant use which will serve alcohol will be
compatible with the surrounding uses Other restaurants in the same district
have alcohol licenses for the sale of beer and wine
Finding 3
• The proposed location and use and the conditions under which the use would be
operated or maintained will not be detrimental to the public health, safety, or
welfare, or materially injurious to properties or improvements in the vicinity
160
3
Facts in Support of Finding 3
1 The restaurant will be located in an existing building The existing one -story,
1,939 square -foot building was remodeled and converted into a restaurant in
2006 No additional parking is required for a change in use in the (DSP) Zone
Existing buildings in the (DSP) Zone may change to any use enumerated in the
PERMITTED USES section of the applicable Specific Plan District without
providing additional on -site parking spaces, provided that all existing parking on-
site spaces are maintained and available for use However, the existing parking
stall that was located at the rear was eliminated to provide a trash enclosure
needed for the operation of a new restaurant at this location Therefore, the
applicant must pay in -lieu parking fees for one required parking stall in
compliance with the parking in -lieu fee program, prior to the issuance —of the
Certificate of Occupancy for the change in use
2 The surrounding land uses include• commercial retail, commercial service,
offices, residential units and restaurants The proposed restaurant use which will
serve alcohol will be compatible with the surrounding uses
3 The existing restaurants in the surrounding area with alcohol licenses have not
been a source of crime or security problems
Findinp 4
Potential impacts that could be generated by the proposed use, such as noise,
smoke, dust, fumes, vibration, odors, traffic, and hazards have been recognized
and compensated for
Facts in Support of Finding 4
1 The sale of alcohol will not create any new impacts that would not be normally
associated with a restaurant The proposed hours of operation and alcohol sales
and the location of the proposed restaurant within a commercial district and
separated from adjacent residential uses by a 20 -foot wide alley will help to
minimize impacts on surrounding uses The restaurant's hours of operation will
be limited to 11 00 a m to 9 00 p,m Monday through Thursday, and 11 DO a m
to 12 00 a m Fridays and Saturdays The restaurant will be closed every
Sunday Therefore, there will be no impacts on residential uses in the City In
addition to complying with the requirements of the City of EI Segundo and the
State of California Department of Alcohol Beverage Control the restaurant is
subject to County Health Department regulations that address and monitor
impacts of fumes and odors
1.61
4
Finding 5
The State Department of Alcohol Beverage Control has issued or will issue a
license to sell alcohol to the applicant
Facts in Support of Finding 5
1 The applicant must obtain a license from the State of California Department of
Alcohol Beverage Control
Based on these findings and facts in support of these findings, the Director of Planning
and Building Safety Department APPROVES the proposed project, subject -to the
following conditions.
1 The hours of operation must be limited to 11 00 a m to 9.00 p m Monday
through Thursday, and 11.00 am to 12;00 a.m Fridays and Saturdays The
restaurant will be closed every Sunday
2 Te restaurant is limited to a maximum number of 63 indoor seats including five
barstools and 13 seats in the outdoor dining area
3 A fully enclosed trash enclosure must be provided consistent with the approved
Budding Permit No (B1193 -5)
4 The applicant must pay in -lieu parking fees for one required parking stall in
compliance with the parking in -lieu fee program, prior to the issuance of the
Certificate of Occupancy for the change in use
5 The applicant shall indemnify, defend, protect, and hold harmless the City, its
elected and appointed officials, officers, agents and employees from and against
any and all claims, actions, causes of action, proceedings or suits which
challenge or attack the validity of the City's approval of Environmental
Assessment EA -747 and Administrative Use Permit AUP 07 -04
PLANNING COMMISSION
Please be advised that this does not conclude the review process This determination
will be transmitted to the Planning Commission at its June 14, 2007 meeting with the
recommendation that the Planning Commission Receive and File the determination An
appeal of this decision may be filed with the Planning Division prior to the Planning
Commission meeting at which this decision is to be received and filed if an appeal is
filed, the item will be scheduled for a future public hearing (as required by the Municipal
Code) The City Council will determine whether or not to protest the issuance of the
ABC License for the sale of beer and wine for on -site consumption at its meeting on
June 19, 2007
162
5
If you have any questions regarding this project, please contact Assistant Planner Maria
Baldenegro at (310) 524 -2341
Smcerel ,
Gary Chico , Interim Director
Department of Planning and Building Safety
P Manning & Budding Safety \PROJECTS%726- 7501EA- 7471EA -747 Revised AUP LTR doc
163
0
CITY OF EL SEGUNDO
PLANNING COMMISSION STAFF REPORT
PUBLIC HEARING: June 14, 2007
SUBJECT: Environmental Assessment No. 747
Administrative Use Permit No. 07 -04
APPLICANT: De Luca Trattoria c/o Neil Cadman
PROPERTY OWNER: 321 -323 Main St, LLC -
REQUEST: A Request for an Alcohol Beverage License for a
New Restaurant (Type 41 Alcoholic Beverage
Control License)
PROPERTY INVOLVED: 225 Richmond Street
DESCRIPTION
The Planning Division received the above referenced application for an
Administrative Use Permit (AUP) to allow the sale of beer and wine for on -site sale
and on -site consumption at a bona fide public eating place (Type 41 ABC License)
The 1,939 square foot restaurant is proposed at an existing one -story structure in
the 200 block of the Richmond Street District within the Downtown Specific Plan
(DSP) Zone The interior dining area will contain 63 seats, including five barstools
and the 200 square -foot outdoor dining area will contain 13 seats The outdoor
dining area is located directly behind the restaurant and is enclosed by a 6-0" high
fence to the north and the south An existing 400 square -foot structure at the rear
will remain and serve as an office for the restaurant
The owner of the restaurant will be requesting a new (Type 41) License from the
State of California Department of Alcoholic Beverage Control forthis establishment,
but an AUP is also required since there is no previous business with a license at this
location, prior to the adoption of the current code Section VI C 4 a of the El
Segundo Downtown Specific Plan, requires an AUP for on -site alcohol consumption
at restaurants and similar establishments The applicant intends to provide 200
square feet of outdoor dining as part of the restaurant configuration Outdoor dining
16'3
is a permitted accessory use and does not require a discretionary permit or
additional parking spaces, provided the area does not exceed 200 square feet of
floor area
The following chart describes the proposed dining and seating areas,
1 �gn •,_ y_� Mq, , -- - -
Indoor • and
._
Outdoor Patio
The existing one -story, 1,939 square -foot budding was remodeled and converted
into a restaurant in 2006 No additional parking is required for a change in use in the
(DSP) Zone Existing buildings in the (DSO) Zone may change to any use
enumerated in the PERMITTED USES section of the applicable Specific Plan
District without providing additional on -site parking spaces, provided that all existing
parking on -site spaces are maintained and available for use However, the existing
parking stall that was located at the rear was eliminated to provide a trash enclosure
needed for the operation of a new restaurant at this location Therefore, the
applicant must pay in -lieu parking fees for one required parking stall in compliance
with the parking in -lieu fee program, prior to the issuance of the Certificate of
Occupancy for the change in use
The intended hours of alcohol sale are expected to be during the hours the
restaurant is open The restaurant and patio hours of operation will be limited to
11 00 a m to 9 00 p m Monday through Thursday, and 11 00 a m to 12 00 a m
Fridays and Saturdays The restaurant will be closed every Sunday
No Live music or entertainment is proposed within the restaurant or outdoor patio
areas at this time The applicant is allowed to request no more than four Amplified
Sound Permits for four single events each calendar year at this location Outdoor
entertainment and outdoor amplified sound that exceeds more than four single
events each year is subject to obtaining a Conditional Use Permit as allowed by
DSP Section VI C 5 (b) and VI C 5 (c)
Planning staff reviewed the application and the Director made the necessary
findings to grant an Administrative Use Permit The attached letter specifies all of
the required findings for the permit
2
G) 5)
II. Inter - Departmental Comments
The project applications and plans were circulated to the Police Department and
Budding Division for review
The Budding Division will require one ADA accessible urinal in the men's restroom
and the applicant or property owner must obtain a plumbing permit from the Budding
Division as required in Table 4 -1 of the California Budding Code (CBC), 2001
Edition
Ill. RECOMMENDATION
Receive and File
IV. EXHIBITS
A Administrative Use Permit Approval Letter, dated May 24, 2007
B Administrative Use Permit application
E Plans
Prepared by Maria Baldenegro, Assistant Planner
Kimberly Christensen, AICP, Planning Manager
Department of Planning & Budding Safety
ary Ch!cots, terim Director
Department of tanning & Budding Safety
P \Planning & Building SafetylPROJECTS1726- 7501EA- 74712007 6 14 EA -747 PC -SR doc
3
`65w
EL SEGUNDO CITY COUNCIL MEETING DATE: June 19, 2007
AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action to adopt plans and specifications for the Nash
Street/Douglas Street One -Way to Two -Way Street Conversion Project
Approved Capital Improvement Program Project No PW 07 -09
(Fiscal Impact MTA Grant Revenue of $3,250,000 and Traffic Mitigation fees $1,750,000)
RECOMMENDED COUNCIL ACTION.
Recommendation — (1) Approve plans and specifications, (2) Authorize staff to advertise the
project for receipt of bids, and (3) 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. $1,750,000 matching funds from Traffic Mitigation fees & MTA Grant Revenue of
$3,250,000 Proposition "C Revenues
Capital Improvement Program
Amount Requested,
Account Number,
Protect Phase-
Appropriation Required:
Ste Fenton, Pu Ic Works Director
REVIEWED Ell
$5,000,000
$5,000,000
702- 400 -8141 -8646 (Traffic Mitigation fees) $1,750,000
301- 400 -8203 -8940 (MTA grant funds) $3,250,000
Adopt plans and specifications
No
DATE: G —7 /CI 7
15
.1(),6
BACKGROUND & DISCUSSION: (continued)
On August 15, 2006, City Council approved an agreement with VA Consulting, Inc. to prepare
plans and specifications for the conversion of Nash Street/Douglas Street One -Way to Two -
Way Street project
The scope of work includes modifications and upgrades to twelve (12) traffic signals, re-
striping and re- signing the streets
Staff has requested additional funding through the 2006 Metro Call for Supplemental Funding
Application The MTA total amount of funds available for this project is $3,250,000, and the
City's required 35% local match of $1,750,000 The Total amount available for construction of
the Nash Street/Douglas Street One -Way to Two -Way Street Conversion Project is
$5,000,000
Plans and Specifications are available for review at the Public Works counter and City Clerk's
Office.
167
168
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168
EL SEGUNDO CITY COUNCIL
AGENDA ITEM STATEMENT
AGENDA
MEETING DATE* June 19, 2007
AGENDA HEADING Consent Aqenda
Consideration and possible action regarding the acceptance of a $5,000 donation from the
Continental Development Corporation for the Girl Scout House Camp Eucalyptus (Fiscal
Impact Acceptance of $5,000 donation)
COUNCIL ACTION:
(1) Accept $5000 donation from the Continental Development Corporation for the Girls Scout
House Camp Eucalyptus, (2) Alternatively, discuss and take other action related to this Item
BACKGROUND & DISCUSSION,
Accept the proposed donation of $5,000 from the Continental Development Corporation to
be used toward the cost for construction and Installation of cabinetry In the Girl Scout
House Camp Eucalyptus facility
ATTACHED SUPPORTING DOCUMENTS-
Attachment #1 Letter from Continental Development House Supporting Camp Eucalyptus
FISCAL IMPACT:
Operating Budget.
Amount Requested:
Account Number: 703- 200 - 5101 -2602
Project Phase: - --
Appropriation Required, Yes_ No X
TED'
City Manager
and Parks Director
DATE: //3/07
DATE:
16
169
CONTINENTAL DEVELOPMENT CORPORATION
DATE June 13, 2007
TO Mayor Kelly McDowell
City Council of El Segundo
FROM- Sherry Kramer
Community Affairs Director
RE Donation to the El Segundo Girl Scout House
On behalf of Richard Lundquist and Continental Development Corporation, this memo will
acknowledge our commitment to make a donation In the amount of $5,000 to the El Segundo
Scout House This donation will enable Camp Eucalyptus to complete the Installation of new
cabinetry for the scout house
The check will be sent separately Thank you
2041 ROSECRANS AVENUE, PO BOX 916, EL SEGUNDO, CALIFORNIA 90245 -0916
PHONE (310) 640 -1520 • FAX (310) 414 -9279
170
EL SEGUNDO CITY COUNCIL MEETING DATE: June 19, 2007
AGENDA ITEM STATEMENT AGENDA HEADING: Reports - City Council Members
AGENDA DESCRIPTION:
Consideration and possible action regarding development of environmental and energy
efficiency policies related to the purchase, operation and maintenance of City -owned vehicles,
equipment and infrastructure (Fiscal Impact = none)
COUNCIL ACTION:
1 Consider development of environmental and energy efficiency policies related to the
purchase, operation and maintenance of City -owned vehicles, equipment and
infrastructure and receive and file a report related to energy efficiency measures
implemented by the City, and,
2 Alternatively discuss and take other action related to this item
BACKGROUND & DISCUSSION:
As energy prices soar and pressures on the environment mount due to the emission of
greenhouse gasses, consideration of measures to reduce energy consumption and emissions
is paramount The City has implemented several projects in the past to save energy and to
reduce emissions These projects successfully focused on energy efficiency at city facilities
Fleet
The City's fleet is another opportunity for savings The City has an inventory of 130 pieces of
rolling stock Much of this stock is specialized equipment such as fire trucks, backhoes, dump
trucks and tractor loaders There are 40 sedans including 11 Police patrol units and 29 pool
cars Many of the pool cars are retired patrol units There may be an opportunity to transition
the fleet of pool cars from retired pool cars to more efficient units
(Continued on next page)
ATTACHED SUPPORTING DOCUMENTS:
None
FISCAL IMPACT:
Operating Budget:
NA
Amount Requested:
NA
Account Number:
NA
Project Phase:
NA
Appropriation Required:
No
ORIGINATED BY:
DATE:
Jim
6/i,/,7
DATE:
171
BACKGROUND & DISCUSSION: (continued)
Previous Energy Efforts
On October 17, 2006, City Council adopted a Resolution to support the implementation of
projects that save energy Currently, the Public Works Department is working on several
fronts to take advantage of various new programs provided for by the California Public Utilities
Commission including rebate programs offered through Southern California Edison, Southern
California Gas Company, West Basin Municipal Water District, the South Bay Cities Council of
Government Energy Procurement Program and the Management Affiliates Partnership (MAP)
Energy Program Projects pursued through these entities is as follows
Vending Machine Ecominizers offered through the
24,000
$3,840
$1,205
March 2006
South Bay Cities Council of Government Energy
Procurement Program
Replacement of HVAC System at the Maintenance
16,320
$2,383
$40,000
March 2007
Facility (Facility Maintenance Fund Project)
Cycle Management Units on Air Conditioning Units
72,405
$10,866
$25,403
May 2007
City -Wide
Installation of programmable thermostats at various
72,000
$7,200
$1,000
July 2007
facilities (Facility Maintenance Fund Project)
Replacement of field lighting fixtures at Recreation
175,000
$17,500
$123,000
August
Park
2007
Lighting Retrofit offered through the South Bay
52,426
$7,707
$65,579
TBD
Cities Council of Government Energy Procurement
Program
LED Traffic Signal Light Retrofit offered through the
Per
$1,350
$6,000
FY 07/08
South Bay Cities Council of Government Energy
intersect
1
CIP
Procurement Program
10,000
Program
Siemens Energy Services /Performance Agreement.
In October 1999, the City embarked on a ten -year energy services /performance agreement
with Siemens Buildings Technologies, Inc Currently, the City is in the eighth year of the ten -
year contract that included the following energy projects
1 Lighting retrofits at City Hall, Police Department, Fire Station No 1, Library,
Maintenance Facility, Fire Station No 2, Teen Center, Joslyn Center, Recreation Park,
Clubhouse, Checkout Buildings, Swim Stadium, Water Facility and Golf Course Facility
and Parking Lot
2 HVAC equipment replacements at City Hall, Police Department, Fire Station No 1,
Library, Clubhouse and Water Facility
3 Direct digital control automation of HVAC system at City Hall, Police Department, Fire
Station No 1 and Library
4 Swim Stadium pool heat generation system
172
5 Swim Stadium roof replacement and insulation
6 Ceiling the replacements at City Hall, Police Department and Maintenance Facility
7 Electrical sub - metering at Recreation Park
8. Traffic signal LED replacements at sixteen intersections
9 A technical support program
The City and Siemens Buildings Technologies, Inc meet bi- annually to review and analyze
energy consumption and annual savings Over the last eight years, the energy
services /performance agreement has resulted in an energy savings of 10,558,433 kilowatts
and a cost savings of $1 9 million dollars in energy costs.
t
,.
Construction Period
1,269,613
$133,912
$61,626
Year 1 - 2000
1,087,369
$214,974
$179,350
Year 2 - 2001
1,320,403
$262,225
$179,350
Year 3 - 2002
1,344,042
$258,387
$179,350
Year 4 -2003
1,475,189
$273,446
$179,350
Year 5 - 2004
1,405,017
$261,965
$179,350
Year 6 - 2005
1,411,257
$246,380
$179,350
Year 7 - 2006
1,245,543
$291,295
$179,350
TOTAL 10,558,433 $1,942,584 $1,317,076
The City's electricity consumption for facilities, streetlights, field lighting, pumps stations, traffic
signals, irrigation, etc, averages $700,000 a year. Had the City not implemented the 1999
retrofit, electricity costs would total over $1 million dollars annually
I.7 i