2014 May 06 - CC PACKETAGENDA
EL SEGUNDO CITY COUNCIL
COUNCIL CHAMBERS - 350 Main Street
The City Council, with certain statutory exceptions, can only take action upon properly posted and listed
agenda items. Any writings or documents given to a majority of the City Council regarding any matter on
this agenda that the City received after issuing the agenda packet are available for public inspection in
the City Clerk's office during normal business hours. Such Documents may also be posted on the City's
website at www.elsegundo.org and additional copies will be available at the City Council meeting.
Unless otherwise noted in the Agenda, the Public can only comment on City - related business that is
within the jurisdiction of the City Council and /or items listed on the Agenda during the Public
Communications portions of the Meeting. Additionally, the Public can comment on any Public Hearing
item on the Agenda during the Public Hearing portion of such item. The time limit for comments is five (5)
minutes per person.
Before speaking to the City Council, please come to the podium and state: Your name and residence
and the organization you represent, if desired. Please respect the time limits.
Members of the Public may place items on the Agenda by submitting a Written Request to the City Clerk
or City Manager's Office at least six days prior to the City Council Meeting (by 2:00 p.m. the prior
Tuesday). The request must include a brief general description of the business to be transacted or
discussed at the meeting. Playing of video tapes or use of visual aids may be permitted during meetings if
they are submitted to the City Clerk two (2) working days prior to the meeting and they do not exceed five
(5) minutes in length.
In compliance with the Americans with Disabilities Act, if you need special assistance to
participate in this meeting, please contact City Clerk, 524 -2305. Notification 48 hours prior to the
meeting will enable the City to make reasonable arrangements to ensure accessibility to this
meeting.
REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, MAY 6, 2014 — 5:00 PM
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:
1. Consideration and possible action to appoint Steve Filarsky as the City's
labor negotiator with regard to the following represented and
unrepresented bargaining /employee groups: Police Management
Association; Police Officers Association; Police Support Services
Employees Association; Fire Fighters Association; Supervisory and
Professional Employees Association; City Employees Association;
Executive Management Group (Unrepresented Group);
Management/Confidential Group (Unrepresented Group). Additionally,
authorize the City Manager to enter into a professional services agreement,
(Note: The City Manager was previously appointed as a labor negotiator
for these groups and will be working with Mr. Filarsky in this capacity).
CLOSED SESSION:
The City Council may move into a closed session pursuant to applicable law, including
the Brown Act (Government Code Section §54960, et se q.) 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(d) (3): -3- matter
1. City of El Segundo vs. City of Los Angeles, et.al. LASC Case No. BS094279
2. Springfield vs. City of El Segundo, et.al. LASC Case No. YC067789
3. Moore vs. City of El Segundo, LASC Case No. BC537712
CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to Government Code §54956.9(d) (2) and (3):
-0- matter.
Initiation of litigation pursuant to Government Code §54956.9(c): -0- matter.
DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957): -0- matter
APPOINTMENT OF PUBLIC EMPLOYEE (Gov't. Code § 54957): —0- matter
2
2
CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957.6): -8-
matters
Agency Designated Representative: City Manager
Steve Filarsky (subject to Council
Approval as identified above on
the agenda)
Employee Organizations: Police Management Association; Police
Officers Association; Police Support Services Employees Association;
Fire Fighters Association; Supervisory and Professional Employees
Association; City Employees Association; Executive Management
Group (Unrepresented Group); Management/Confidential Group
(Unrepresented Group)
CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8): -0-
matters
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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. Any writings or documents given to a majority of the City Council regarding any matter on
this agenda that the City received after issuing the agenda packet, are available for public inspection in
the City Clerk's office during normal business hours. Such Documents may also be posted on the City's
website at www.elsegundo.org and additional copies will be available at the City Council meeting.
Unless otherwise noted in the Agenda, the Public can only comment on City - related business that is
within the jurisdiction of the City Council and /or items listed on the Agenda during the Public
Communications portions of the Meeting. Additionally, the Public can comment on any Public Hearing
item on the Agenda during the Public Hearing portion of such item. The time limit for comments is five (5)
minutes per person.
Before speaking to the City Council, please come to the podium and state: Your name and residence
and the organization you represent, if desired. Please respect the time limits.
Members of the Public may place items on the Agenda by submitting a Written Request to the City Clerk
or City Manager's Office at least six days prior to the City Council Meeting (by 2:00 p.m. the prior
Tuesday). The request must include a brief general description of the business to be transacted or
discussed at the meeting. Playing of video tapes or use of visual aids may be permitted during meetings if
they are submitted to the City Clerk two (2) working days prior to the meeting and they do not exceed five
(5) minutes in length.
In compliance with the Americans with Disabilities Act, if you need special assistance to
participate in this meeting, please contact City Clerk, 524 -2305. Notification 48 hours prior to the
meeting will enable the City to make reasonable arrangements to ensure accessibility to this
meeting.
REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, MAY 6, 2014 - 7:00 P.M.
7:00 P.M. SESSION
CALL TO ORDER
INVOCATION — Brandon Cash, Pastor, Oceanside Fellowship Church
PLEDGE OF ALLEGIANCE — Council Member Fellhauer
CI
M
PRESENTATIONS
a) Proclamation — El Segundo Fire Service Day, Saturday, May 10, 2014.
b) Proclamation — Declaring Municipal City Clerk Week May 4 — May 10, 2014
c) Proclamation — Declaring May 2014 as Older Americans Month and Shirley
Williams, 2014 El Segundo Older American of the Year.
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.
CITY COUNCIL COMMENTS — (Related to Public Communications)
A. PROCEDURAL MOTIONS
Consideration of a motion to read all ordinances and resolutions on the
Agenda by title only.
Recommendation — Approval.
B. SPECIAL ORDERS OF BUSINESS (PUBLIC HEARING)
C. UNFINISHED BUSINESS
1. Update on the status of the Car2Go car sharing program.
(Fiscal Impact: None)
Recommendation — 1) Receive and file an informational status update in
reference to the Car2Go car sharing program from the City Manager; 2)
Alternatively, discuss and take other possible action related to this item.
D. REPORTS OF COMMITTEES, COMMISSIONS AND BOARDS
E. CONSENT AGENDA
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All items listed are to be adopted by one motion without discussion and passed unanimously. If a call for
discussion of an item is made, the item(s) will be considered individually under the next heading of
business.
2. Warrant Numbers 3000203 through 3000500 on Register No. 14 in the total
amount of $875,743.74 and Wire Transfers from 4/2/14 through 4/11/14 in
the total amount of $2,801,231.71.
Recommendation — Approve Warrant Demand Registers 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.
3. Regular City Council Meeting Minutes of April 15, 2014, Special City
Council Meeting of April 17, 2014 and Special City Council Meeting of April
29, 2014.
Recommendation — Approval.
4. Consideration and possible action to authorize the City Manager to
approve a contract extension for the design of future El Segundo replica
toys produced by Mattel, Inc.
(Fiscal Impact: None)
Recommendation — 1) Authorize the City
Third Amendment to the City's contract wit h
the attached License Agreement between
26, 2007; 2) Alternatively, discuss and tak
item.
Manager, or designee, to approve a
Mattel, Inc., pursuant to Section 6 of
the City and Mattel, Inc. dated June
e other possible action related to this
5. Consideration and possible action to enter into a contract agreement with
the publisher, Arcadia Publishing, Inc. for a historical photo book of the
City of El Segundo, to be titled: Images of America; El Segundo; and, to be
completed before the 100th Anniversary of the City by January 2017.
(Fiscal Impact: In -Kind contribution by the Library Director)
Recommendation — 1) Authorize the City Manager to enter into an agreement in
a form approved by the City Attorney with the publisher, Arcadia Publishing, Inc.,
including no upfront fees and shared royalties of 8 %, split 50/50 with the co-
author, Carole Jakucs; and, all proceeds earned from the Library Director's
portion of royalties deposited to the City as revenues; 2) Alternatively, discuss
and take other possible action related to this item.
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6. Consideration and possible action to authorize the City Manager to enter
into a new lease agreement with New Cingular Wireless PCS (AT&T
Mobility Corporation) allowing a construction upgrade to the current
wireless communications fixtures located on the police department rooftop
and a rental payment of $2,800.00 per month.
(Fiscal Impact: Revenue increase of $33,600.00 annually)
Recommendation — 1) Authorize the City Manager to execute a lease agreement,
in a form approved by the City Attorney, with New Cingular Wireless PCS (AT &T
Mobility Corporation) allowing a construction upgrade to the current wireless
communications fixtures located on the police department rooftop and a rental
payment of $2,800.00 per month; 2) Alternatively, discuss and take other
possible action related to this item.
7. Consideration and possible action to reject the lowest bidder and award a
standard Public Works Contract to Addscape, Inc., for the 2013 -2014 Curb,
Gutter, Sidewalk, and other Concrete Improvements Project, Project No.
PW 13 -22.
Fiscal Impact: $50,000.00
Recommendation — 1) Reject the bid from CLA Construction and Engineering,
Inc.; 2) Authorize the City Manager to execute a standard Public Works Contract,
in a form approved by the City Attorney, with Addscape, Inc. in the amount of
$43,780.00; 3) Alternatively, discuss and take other possible action related to this
item.
8. Consideration and possible action to adopt a resolution pursuant to Public
Contracts Code §20168 finding that an emergency existed within the City,
ratifying the action of the City Manager and authorizing the City Manager to
approve a contract in a form approved by the City Attorney with Empire
Building to remove debris in the attic space of City Hall without the need
for bidding in accordance with Public Contracts Code §§ 20168 and 22050
and El Segundo Municipal Code ( "ESMC ")§ 1 -7 -12 and 1 -7A-4 and find that
the project is exempt from review under the California Environmental
Quality Act as an emergency repair.
(Fiscal Impact: $82,354.00)
Recommendation — 1) Adopt a Resolution finding that an emergency exists and
waive bidding requirements pursuant to Public Contracts Code §§ 20168 and
22050 and ESMC §§ 1 -7 -12 and 1 -7A -4; 2) Authorize the City Manager to
execute a maintenance contract with prevailing wages, in a form approved by the
City Attorney, to Empire Building for the removal of fallen debris in the attic space
of City Hall; 3) Find that the project is exempt from review under the California
Environmental Quality Act of 1970, as amended, Public Resources Code section
21000 et seq. ( "CEQA ") pursuant to Section 15269, subdivision (a) of the CEQA
Guidelines; 4) Alternatively, discuss and take other possible action related to
this item.
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7
9. Consideration and possible action to reject the lowest bidder and to award
a standard Public Works Contract to Addscape, Inc., for Community
Development Block Grant (CDBG) Project 601608 -13, "Installation of
American with Disabilities Act (ADA) Sidewalk Ramp Project." Project No.
PW 13 -14.
(Fiscal Impact: $44,275.00 in CDBG grant funds)
Recommendation — 1) Reject the bid from CLA Construction and Engineering
Inc. as non - responsive; 2) Authorize the City Manager to execute a standard
Public Works Contract, in a form approved by the City Attorney, with Addscape,
Inc. in the amount of $38,500.00; 3) Alternatively, discuss and take other
possible action related to this item.
10. Consideration and possible action regarding approval of a resolution
establishing a revised salary schedule for certain part -time classifications
in order to comply with the minimum wage increase effective July 1, 2014.
(Fiscal Impact: Estimated $609 for upcoming year)
Recommendation — 1) Approve the attached resolution; 2) Alternatively, discuss
and take other action related to this item.
11. Consideration and possible action regarding authorization for the City of El
Segundo to continue participating in the Los Angeles Urban County
Community Development Block Grant (CDBG) Program for the next Urban
County Qualification Period three -year cycle, effective July 1, 2015 through
June 30, 2018.
Fiscal Impact: None
Recommendation — 1) Approve the City of El Segundo's continued participation
in the Los Angeles Urban County Community Development Block Grant (CDBG)
Program, for the next three year Urban County Qualification Period effective July
1, 2015 through June 30, 2018; 2) Adopt the Resolution authorizing the City
Manager, as the Mayor's designee, to enter into a three -year Cooperation
Agreement between the City of El Segundo and the County of Los Angeles
Community Development Commission approving El Segundo's continued
participation in the Los Angeles Urban County Community Development Block
Grant (CDBG) Program approved as to form by the City Attorney; execute four
(4) copies of the Cooperation Agreement; 3) Alternatively, discuss and take other
action related to this item.
IV
12. Consideration and possible action regarding the approval of a Second
Amendment to a Professional Services Agreement with RBF Consulting, to
increase the contract amount to provide environmental review services
pursuant to the California Environmental Quality Act (CEQA) for the
Raytheon El Segundo South Campus Specific Plan Project.
(Fiscal Impact: up to $598,721 Developer Reimbursed Trust Fund)
Recommendation — 1) Approve a budget appropriation of up to $598,721 to
provide environmental review services; 2) Authorize the City Manager to execute
a Second Amendment to a Professional Service Agreement for environmental
review services approved as to form by the City Attorney in an amount not to
exceed $598,721; 3) Alternatively, discuss and take other action related to this
item.
13. Consideration and possible action to adopt a resolution pursuant to Public
Contracts Code §20168 finding that an emergency existed within the City,
ratifying the action of the City Manager and authorizing the City Manager to
approve a contract in a form approved by the City Attorney with UDC
Corporation to remove and replace two leaking portions of HVAC ducting
on the roof of City Hall without the need for bidding in accordance with
Public Contracts Code §§ 20168 and 22050 and El Segundo Municipal Code
( "ESMC ")§ 1 -7 -12 and 1 -7A-4 and find that the project is exempt from
review under the California Environmental Quality Act as an emergency
repair.
(Fiscal Impact: $13,875.00)
Recommendation — 1) Adopt a Resolution finding that an emergency exists and
waive bidding requirements pursuant to Public Contracts Code §§ 20168 and
22050 and ESMC §§ 1 -7 -12 and 1 -7A -4; 2) Authorize the City Manager to
execute a maintenance contract with prevailing wages, in a form approved by the
City Attorney, to UDC Corporation for the removal and replacement of two
leaking portions of HVAC ducting on the roof of City Hall; 3) Find that the project
is exempt from review under the California Environmental Quality Act of 1970, as
amended, Public Resources Code section 21000 et seq. ( "CEQA ") pursuant to
Section 15269, subdivision (a) of the CEQA Guidelines; 4) Alternatively, discuss
and take other action related to this item.
F. NEW BUSINESS
G. REPORTS — CITY MANAGER
H. REPORTS — CITY ATTORNEY
6
9
REPORTS — CITY CLERK
J. REPORTS — CITY TREASURER
K. REPORTS — CITY COUNCIL MEMBERS
Council Member Dugan -
Council Member Atkinson —
Council Member Fellhauer -
Mayor Pro Tern Jacobson —
Mayor Fuentes —
14. Consideration and possible action regarding the assignments of Council
Members to various intergovernmental agencies, local agencies and
subcommittees.
(Fiscal Impact: None)
Recommendation — 1) Approve and implement assignments; 2) Alternatively,
discuss and take other action related to this item.
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
10
10
The City Council may move into a closed session pursuant to applicable law, including the Brown Act
(Government Code Section §54980, It sea.) for the purposes of conferring with the City's Real Property
Negotiator; and /or conferring with the City Attorney on potential and /or existing litigation; andlor
discussing matters covered under Government Code Section §54957 (Personnel); andlor conferring with
the City's Labor Negotiators.
REPORT OF ACTION TAKEN IN CLOSED SESSION (if required)
ADJOURNMENT
1000 90
DATE:
TIME: R'
DAME;
11
.i .
rodamation =i„ofc«.aunso.
WHEREAS, The El Segundo Fire Department has provided public safety services for over
97 years to the citizens of El Segundo, including fire suppression, fire
prevention efforts through public awareness, as well as a commitment to our
values of respect, integrity, service and excellence; and
WHEREAS, The El Segundo Fire Department also administer life- saving paramedic service
to victims of illness and injury, responded to incidents of violence as well as
other threats to the safety and security of the public; and
WHEREAS, The El Segundo Fire Department has set aside Saturday, May 10, 2014, from
10:00 a.m. to 2:00 p.m., to hold, open house for the public to observe the
many functions of their respective personnel, equipment, and facilities, and
learn of their readiness to protect the lives, property and environment of the
citizens they serve; and
WHEREAS, The Fire Department Open House will take place at Fire Station No. 1, 314
Main Street.
NOW, THEREFORE, the Mayor and Members of the City Council of the City of El
Segundo do hereby proclaim Saturday, May 10, 2014, as EL SEGUNDO FIRE SERVICE
DAYand invite the community to participate in the Open House from 10:00 a.m. to 2:00
p.m.
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City of et 6egnnbo, California
WHEREAS, The Office of the Municipal Clerk, a time honored and vital part of local government
exists throughout the world; and
WHEREAS, The Office of the Municipal Clerk is the oldest among public servants; and
WHEREAS, The Office of the Municipal Clerk provides the professional link between the citizens,
local governing bodies and agencies of government at other levels; and
WHEREAS, Municipal Clerks have pledged to be ever mindful of their neutrality and impartiality,
rendering equal service to all;
WHEREAS, The Municipal Clerk serves as the information center on functions of local government
and community.
WHEREAS, Municipal Clerk continually strive to improve the administration of the affairs of the
Office of the Municipal Clerk through participation in education programs, seminars,
workshops and the annual meeting of their state, province, county and international
professional organizations;
WHEREAS, It is most appropriate that we recognize the accomplishments of the Office of the
Municipal Clerk.
NOW, THEREFORE, the Mayor and Members of the City Council do hereby proclaim May 4, through
May 10, 2014 as "Municipal Clerk Week" in El Segundo and further extend appreciation to our Municipal
Clerk Tracy Weaver, Deputy City Clerk II Cathy Domann, Deputy City Clerk I Mona Shilling and to all
Municipal Clerks for the vital service they perform and their exemplary dedication to the communities
they represent.
Mayor Suzanne Fuentes
Mayor Pro Tem Car(yacodson CouncilMemd er Dave Atkinson
CounciCMemder Marie FeAtauer Counci(Memder Michae(Dugan 12
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WHEREAS, May 2014 is National Older Americans Month, a time set aside annually to
commemorate and celebrate the significant contribution older Americans have made to
the community of El Segundo; and
WHEREAS, El Segundo is committed to valuing all individuals and recognizing their ongoing life
achievements; and
WHEREAS, Older Americans possess and share a wealth of experience, background and history,
making them one of the City's most treasured and enduring resources; and
WHEREAS, Older Americans are available, capable and enthusiastic to provide volunteer services
that contribute to a coordinated community -based system of social, emotional, physical
well -being of not only other seniors but the community at large thus an important part
of the ties that bind both family and community; and
WHEREAS, Recognizing the successes of community elders encourages their ongoing participation
and further accomplishments; and
WHEREAS, Shirley Williams was nominated by her peers as the El Segundo 2014 Older American of
the Year, a recognition which identifies, inspires and promotes community involvement
and a spirit of giving back to others through volunteerism and community engagement;
NOW, THEREFORE, on this 6th day of May, 2014, the Mayor and Members of the City Council of the
City of El Segundo, California, do hereby proclaim the month of May, 2014,
OLDER AMERICANS MONTH 2014
and
Shirley Williams
the
2014 El Segundo Older American of the Year
And hereby recognize the Elderfest Celebration Saturday, May 10, 2014, from moo a.m. to 2:00 p.m., at
the Hacienda Hotel to recognize SHIRLEY WILLIAMS and other senior citizens who have given
generously of their time and talent to improve the quality of life for all in El Segundo.
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13
EL SEGUNDO CITY COUNCIL MEETING DATE: May 6, 2014
AGENDA STATEMENT AGENDA HEADING: Unfinished Business
AGENDA DESCRIPTION:
Update on the status of the Car2Go car sharing program. Fiscal Impact: None
RECOMMENDED COUNCIL ACTION:
1. Receive and file an informational status update in reference to the Car2Go car sharing
program from the City Manager,
2. Alternatively, discuss and take other action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
Car2Go Coverage Area Maps
FISCAL IMPACT: None
Amount Budgeted: None
Additional Appropriation: None
Account Number(s): N/A
ORIGINATED BY: Brian Evanski, Police Captain
REVIEWED BY: Mitch Tavera, Chief of Police Zt-01
APPROVED BY: Greg Carpenter, City Manager
BACKGROUND AND DISCUSSION:
On April 2, 2013, the City Council adopted Ordinance 1478 thus amending the El Segundo
Municipal Code to allow car sharing programs. By amending the Municipal Code, it is the
City's intent to allow Car2Go vehicles to be parked without time limit restrictions on public
right -of -way areas, specifically in "2- hour" zones throughout the city. Parking spaces that have
regulating signs for street sweeping and permit parking cannot be used by Car2go vehicles
during the specified restricted times indicated on the sign(s). Car2Go vehicles shall not be
parked upon any street or alley for more than a consecutive period of seventy two (72) hours.
Car2Go N.A., LLC will be responsible for parking citations issued to Car2Go vehicles.
City Council also adopted Resolution 4818 and authorized the City Manager to execute an
agreement with Car2Go for car sharing services.
To date, neighboring cities including Gardena, Hermosa Beach, Redondo Beach and Lomita
have also approved this car sharing program while the cities of Hawthorne, Lawndale,
Manhattan Beach and Torrance are still considering the concept. Although the Gardena City
Council approved the car sharing program, the city has been removed from the coverage area.
Following City Council approval, Car2Go has since modified the extent of the south bay car
sharing program. Specifically the proposed coverage area has been reduced in size with the
removal of Gardena and Manhattan Beach. Based on the smaller coverage area, 150 vehicles
are now intended for the initial roll out of the program. Staff continues to work with Car2Go
representatives in an effort to finalize the contract agreement.
14
Based on the changes to the program since this was last presented to the City Council, Staff felt
it was appropriate to provide an update. The Police Department is prepared to facilitate the
vehicle parking permit program as outlined in the El Segundo Municipal Code.
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i
CITY OF EL SEGUNDO
PAYMENTS BY WIRE TRANSFER
04/1/14 THROUGH 04/13/14
Date
4/2/2014
4/2/2014
4/2/2014
4/2/2014
4/3/2014
4/3/2014
4/7/2014
4/8/2014
4/10/2014
4/10/2014
4/11/2014
4/11/2014
4/11/2014
4/11/2014
4/11/2014
4/11/2014
4/11/2014
4/11/2014
4/11/2014
4/11/2014
4/11/2014
4/11/2014
3/29/14- 4/4/14
4/5/14-4/11/14
Payee
Cal Pers
Cal Pers
Cal Pers
Cal Pers
Lane Donovan Golf Ptr
Health Comp
Unum
Cal Pers
West Basin
Health Comp
Cal Pers
IRS
Employment Development
Employment Development
Manufacturers & Traders
Manufacturers & Traders
Manufacturers & Traders
US Bank - Trust Acct
South Bay Credit Union
Nationwide NRS EFT
Nationwide NRS EFT
State of CA EFT
Workers Comp Activity
Workers Comp Activity
DATE OF RATIFICATION: 03/31/14
TOTAL PAYMENTS BY WIRE:
Amount
115, 540.76
254,708.20
1,398.39
6,634.65
21,203.70
1,950.26
274.20
462,329.86
1,493,721.19
2,645.16
15,835.80
236,059.51
46,483.43
4,137.02
24,358.63
477.31
5,663.87
8,026.50
14, 570.38
43,219.91
1,982.32
2,642.60
22,851.22
14,516.84
2,801,231.71
Certified as to the accuracy of the wire transfers by:
Deputy City Treasure"r II Date
v -4 u 1
Dire of R no ce Date
City rger Date
Description
EFT Retirement Misc
EFT Retirement Safety
EFT Retirement Safety - Police
EFT Retirement Misc
Payroll Transfer
Weekly claims
Long Term Care Premium
EFT Health Payment
H2O payment
Weekly claims
RBF Benefit
Federal 941 Deposit
State PIT Withholding
State SDI payment
457 payment Vantagepoint
IRA payment Vantagepoint
401 payment Vantagepoint
PARS payment
Payroll credit union deduction pmt
EFT 457 payment
EFT 401 a payment
EFT Child support payment
SCRMA checks issued
SCRMA checks issued
2,801,231.71
Information on actual expenditures is available in the City Treasurer's Office of the City of El Segundo.
PACity Treasurer \Wire Transfers \Wire Transfers 10 -01 -13 to 9 -30 -14 4/14/AC84 1/1
REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, APRIL 15, 2014 - 5:00 PM
5:00 PM SESSION CANCELLED - NO ITEMS TO DISCUSS
MINUTES OF THE REGULAR CITY COUNCIL MEETING
APRIL 15, 2014
PAGE NO. 1
20
REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, APRIL 15, 2014 - 7:00 P.M.
7:00 P.M. SESSION
CALL TO ORDER — Mayor Fisher at 7:00 PM
INVOCATION — John Svendsen, Pastor, First Baptist Church
PLEDGE OF ALLEGIANCE — Council Member Fuentes
PRESENTATIONS
a. Proclamation read by Mayor Fisher and presented to Helen and Jim Carr
proclaiming Saturday, May 3, 2014 Floyd Carr Jr. Day in El Segundo.
b. Presentation by Clerk Weaver recognizing the Election poll workers and Election
night workers for their valuable services rendered to The City of El Segundo
during the April 8, 2014 Municipal Election.
ROLL CALL
Mayor Fisher -
Present
Mayor Pro Tern Jacobson -
Present
Council Member Fuentes -
Present
Council Member Atkinson -
Present
Council Member Fellhauer -
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.
John Svendsen, First Baptist Church Pastor, invited all of El Segundo to the annual
Easter Sunrise Service on Sunday, April 20, 2014 at 6:30 AM in Library Park.
Haley Funk, resident and member of troop 2505, reported on her recent visit to
Guaymas, Mexico representing the City of El Segundo.
Antonio Mendez, resident, commended Brian Simon of the El Segundo Herald and
mentioned missing Minutes from the City's Web site.
2 MINUTES OF THE REGULAR CITY COUNCIL MEETING
APRIL 15, 2014
PAGE NO. 2
21
Marc Rener, resident, spoke on Measure A and the agreement with Chevron.
Mike Robbins, resident, commented on the recent election.
Spencer Bauer, resident, thanked the Council for all they do and mentioned that the
election was not a war, elections are part of the democratic process.
Lorretta Frye, resident, commented on the large amount of political signs placed on
single properties during the recent election.
Robert Pullen - Miles, representing Senator Ted Lieu's office and Matt Stauffer,
representing Assemblyman Steve Bradford's office, presented certificates to outgoing
Mayor Fisher on behalf of his Council service to the City of El Segundo.
Jane Friedkin, resident, commented on the recent election.
Ron Swanson, resident, commented on the disrespect shown to the City Council
during public comment. Mr. Swanson also thanked Bill Fisher for his years of service
on the Council.
Mrs. Wilson, resident, commented on the importance of registering to vote and thanked
all those who voted in the recent election.
CITY COUNCIL COMMENTS — (Related to Public Communications)
Council answered Public Communication questions.
A. PROCEDURAL MOTIONS
Consideration of a motion to read all ordinances and resolutions on the Agenda by title
only.
MOTION by Mayor Pro Tern Jacobson, SECONDED by Council Member Fellhauer to
read all ordinances and resolutions on the agenda by title only. MOTION PASSED BY
UNANIMOUS VOICE VOTE. 5/0.
B. SPECIAL ORDERS OF BUSINESS (PUBLIC HEARING)
C. UNFINISHED BUSINESS
D. REPORTS OF COMMITTEES, COMMISSIONS AND BOARDS
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.
1. Approved Warrant Numbers 3000001 — 3000202 on Register No. 13 in the total
amount of $832,362.38 and Wire Transfers from 3/16/2014 through 3/30/2014 in
the total amount of $837,634.00. Authorized staff to release. Ratified Payroll and
3 MINUTES OF THE REGULAR CITY COUNCIL MEETING
APRIL 15, 2014
PAGE NO. 3
22
Employee Benefit checks; checks released early due to contracts or agreement;
emergency disbursements and /or adjustments; and wire transfers.
2. Approved Special City Council Meeting Minutes of March 26, 2014, Regular City
Council Meeting Minutes of April 1, 2014 and Special City Council Meeting of
April 4, 2014.
3. Waived second reading adopted Ordinance No. 1494 for a Zone Change from
the Corporate Office (CO) Zone to the 888 North Sepulveda Boulevard Specific
Plan (888 NSBSP) Zone, a Zone Text Amendment, a Specific Plan, and a
Development Agreement No. 4583 on the site located at 888 North Sepulveda
Boulevard. Applicant: The Realty Associates Fund IX, L.P. c/o Barnard
Ventures, LLC. (Fiscal Impact: N /A)
4. Adopted Resolution No. 4869 pursuant to Public Contracts Code §20168 finding
that an emergency existed within the City, ratified the action of the City Manager
and authorized the City Manager to retroactively approve Contract No. 4584 in a
form approved by the City Attorney with John Phillips Plumbing to replace a hot
water boiler at the Park Vista Apartments without the need for bidding in
accordance with Public Contracts Code §§ 20168 and 22050 and El Segundo
Municipal Code ( "ESMC ") § 1 -7 -12 and 1 -7A -4 and found that the project is
exempt from review under the California Environmental Quality Act as an
emergency repair.
(Fiscal Impact: $8,532.00)
MOTION by Council Member Fellhauer, SECONDED by Council Member Fuentes to
approve Consent Agenda items 1, 2, 3, and 4. MOTION PASSED BY UNANIMOUS
VOICE VOTE. 5/0.
F. REPORTS — CITY MANAGER — Congratulated the newly elected Council
Members, Suzanne Fuentes and Michael Dugan. Thanked Bill Fisher for his guidance
of the City.
G. REPORTS — CITY ATTORNEY - None
H. REPORTS — CITY CLERK
5. Consideration and possible action reciting the fact of the General Municipal
Election held on April 8, 2014.
(Fiscal Impact: None)
Mark Hensley, City Attorney, read by Title Only:
A RESOLUTION DECLARING THE RESULTS OF THE GENERAL MUNICIPAL
ELECTION HELD APRIL 8, 2014.
4 MINUTES OF THE REGULAR CITY COUNCIL MEETING
APRIL 15, 2014
PAGE NO. 4
23
MOTION by Council Member Fellhauer, SECONDED by Mayor Pro Tem Jacobson to
adopt Resolution No. 4870 declaring the results of the General Municipal Election held
April 8, 2014. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0
Proclamation read by Council Member Fellhauer and presented to outgoing Mayor Bill
Fisher. The Council presented Bill Fisher with a key to the city.
Mayor Fisher commented on his time on the Council, campaigning and the changing of
the Mayor during his term. Mr. Fisher stated it has been an honor to serve on the
Council with his colleagues and for the City of El Segundo.
6. Consideration and possible action regarding the administering of the Oath of
Office to the Council Members Elect.
(Fiscal Impact: None)
City Clerk Weaver presented a Certificate of Election and administered the oath of office
to Council Members Elect Suzanne Fuentes and Michael Dugan.
7. Consideration and possible action regarding election of Mayor and Mayor Pro
Tem by seated Council Members.
(Fiscal Impact: None)
Council Member Jacobson nominated Council Member Fuentes for Mayor.
Council Member Atkinson nominated Council Member Dugan for Mayor.
Nomination for Council Member Fuentes for Mayor passed by the following vote:
3/2 - Yes: Jacobson, Fuentes and Dugan. No: Atkinson and Fellhauer.
Mayor Fuentes opened the floor to nominations for Mayor Pro Tem.
Council Member Fellhauer nominated Council Member Jacobson for Mayor Pro Tem.
Council Member Atkinson nominated Council Member Fellhauer for Mayor Pro Tem.
Nomination for Council Member Jacobson for Mayor Pro Tem passed by the following
vote:
4/1 — Yes: Fellhauer, Fuentes, Jacobson and Dugan. No: Atkinson
REPORTS — CITY COUNCIL MEMBERS
Council Member Fellhauer —
5 MINUTES OF THE REGULAR CITY COUNCIL MEETING
APRIL 15, 2014
PAGE NO. 5
24
8. Consideration and possible action to discuss the salary and benefits that the City
Council members receive and whether such should be reduced or eliminated
either voluntarily or through formal action.
(Fiscal Impact: varies based on options)
Council Member Fellhauer presented the item.
Council Discussion
MOTION by Council Member Fellhauer, SECONDED by Council Member Atkinson, that
Council, by way of a roll call vote, will immediately voluntarily opt out of the CaIPERs
system and voluntarily decline life time medical benefits upon the end of your service for
all current unvested Council Members and future Council Members. MOTION
DEFEATED BY A VOICE VOTE. 3/2. No: Fuentes, Jacobson and Dugan. Yes:
Fellhauer and Atkinson
Council Discussion on the motion.
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.
Lorretta Frye, resident, commented on the Agenda item concerning Council benefits.
Liz Garnholz, resident, asked if all City employees are eligible for CaIPERs after five
(5) years of employment and why do we have the most expensive lifetime medical
program?
Jane Friedkin, resident, commented on the conduct of the meeting. Congratulated
Mayor Fuentes and Council Member Dugan.
Mike Robbins, resident, discussed the recent election.
Marc Rener, resident, commented on the Agenda item concerning Council benefits,
commented on Mr. Swanson's public comment and commented on employee and
retired employee salaries and benefits.
Council answered Public Communication questions.
Council Member Fellhauer congratulated newly elected Council Member Michael Dugan
and congratulated Suzanne Fuentes on becoming Mayor.
6 MINUTES OF THE REGULAR CITY COUNCIL MEETING
APRIL 15, 2014
PAGE NO. 6
25
Clerk Weaver invited everyone to partake in the reception being held in the foyer. Also,
stated that all minutes were posted to the web site by Mona Shilling while the meeting
was in session.
MEMORIALS — None
ADJOURNMENT at 9:21 PM
Tracy Weaver, City Clerk
MINUTES OF THE REGULAR CITY COUNCIL MEETING
APRIL 15, 2014
PAGE NO. 7
26
SPECIAL MEETING OF THE EL SEGUNDO CITY COUNCIL
THURSDAY, APRIL 17,2014,3:30 P.M.
CALL TO ORDER — Mayor Fuentes at 3:30 p.m.
ROLL CALL
Mayor Fuentes -
Present
Mayor Pro Tern Jacobson -
Present
Council Member Atkinson -
Present
Council Member Fellhauer -
Present
Council Member Dugan -
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 before addressing the City Council. Failure to do so is a misdemeanor and punishable
by a fine of $250. - NONE
SPECIAL ORDER OF BUSINESS:
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 CITY'S LABOR NEGOTIATOR (Gov't Code §54957.6):-8- matters
Agency Designated Representative: City Manager
Employee Organizations: Police Management Association; Police Officers Association; Police
Support Services Employees Association; Fire Fighters Association; Supervisory and Professional
Employees Association; Employees Association; Executive Management (unrepresented
employees); Management/Confidential (unrepresented employees)
ADJOURNMENT at 6:10 pm.
Cathy Domann, Deputy City Clerk
MINUTES OF THE SPECIAL CITY COUNCIL MEETING
APRIL 17, 2014
PAGE NO. 1
27
SPECIAL MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, APRIL 29, 2014, 5:30 P.M.
CALL TO ORDER — Mayor Fuentes at 5:33 PM
ROLL CALL
Mayor Fuentes
Present
Mayor Pro Tern Jacobson
Present
Council Member Atkinson
Present
Council Member Fellhauer
Present
Council Member Dugan
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 before addressing the City Council. Failure to do so is a misdemeanor and punishable
by a fine of $250. NONE
SPECIAL ORDER OF BUSINESS:
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 CITY'S LABOR NEGOTIATOR (Gov't Code §54957.6):-8- matters
Agency Designated Representative: City Manager
Employee Organizations: Police Management Association; Police Officers Association; Police
Support Services Employees Association; Fire Fighters Association; Supervisory and Professional
Employees Association; Employees Association; Executive Management (unrepresented
employees); Management/Confidential (unrepresented employees)
ADJOURNMENT at 8:15 PM
Tracy Weaver, City Clerk
MINUTES OF THE SPECIAL CITY COUNCIL MEETING
APRIL 29, 2014
PAGE NO. 1
i
EL SEGUNDO CITY COUNCIL MEETING DATE: May 6, 2014
AGENDA STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action to authorize the City Manager to approve a contract
extension for the design of future El Segundo Police replica toys produced by Mattel, Inc.
Fiscal Impact: None
RECOMMENDED COUNCIL ACTION:
1. Authorize the City Manager, or designee, to approve a Third Amendment to the City's
contract with Mattel, Inc., pursuant to Section 6 of the attached License Agreement
between the City and Mattel, Inc. dated June 26, 2007.
2. Alternatively, discuss and take other action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
License Agreement Between the City and Mattel, Inc. dated June 26, 2007
Third Amendment License Agreement Form
FISCAL IMPACT: None
Amount Budgeted: None
Additional Appropriation: None
Account Number(s): N/A
ORIGINATED BY: Bob Turnbull, Captain~a f
REVIEWED BY: Mitch Tavera, Chief of Police'4t
APPROVED BY: Greg Carpenter, City Manager
BACKGROUND AND DISCUSSION:
The City has an existing License Agreement with Mattel, Inc. that will term out on December 31,
2014. Mattel, Inc. is seeking to extend this Agreement until December 31, 2017. To date,
Mattel, Inc. has manufactured replica El Segundo Police Department Ford Crown Victoria
marked police cars, 1949 Mercury hot rods with El Segundo Police Department graphics, and a
"Matchbox" toy version of a Hummer vehicle with El Segundo Police Department graphics.
Staff asserts that the City and police department benefit from the public relations and
promotional value of these types of toys. The City will not receive any profits from this
production.
Mattel, Inc. has no current plans to produce any of the aforementioned products as this time;
however, Staff requests City Council authorize the City Manager, to extend this contract for
future Mattel El Segundo Police Department replica toys.
�A
29
LICENSE AGREEMENT
THIS AGREEMENT (the "Agreement ") is made and entered into as of the 26th day
of June, 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 Police Department (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), related playsets and accessories (hereinafter referred to as
the "LICENSED PRODUCTS "). In accordance with El Segundo Municipal Code (SSMC)
Section 1 -3 -3, LICENSOR agrees that MATTEL'S use of the City Seal 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 Continental Boulevard, El Segundo, 90245 -5012 Telephone 310 252 2000
30
3746 .
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 twelve (12) 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. jpeg) samples of each LICENSED PRODUCT
(including packaging and artwork) for approval. LICENSOR shall have twenty (20) 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 twenty
(20) 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.
S. 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
31
3746
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 party 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.
K,
32
3746
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.
Print Na
Title:
VP, Legal & Business Affairs
By:
Print N . Jeff Stewart
Title: City Manager
Date:
Date: % /7-
EY
The foregoing i trume is a full, true, and
correct copy of a ' al on file in this
Office:
ATTEST:
City Clerktity of li
33
L marcyeox
MATTEL, INC.
LICENSOR APPROVAL FORM
Licensorcomplele vallowhrghA ted portion.
RETURN PHYSICAL ITEMS (EXCEPT ARTWORK) TO:
FAX SIGNED FORMS TO:
374 6 .
Mattel, Inc.
Hot Wheels Licensor Liaison
Mail Stop D1 -0124
333 Continental Blvd.
El Segundo, CA 80245 -5012
(310) 252 -2610
sheila.tanna,mattel.com
PRODUCTNAME
1:64 Matchbox Basics 2008 - El Segundo PD Crown Victoria
PROJECT #rrOY #
tbd - ESPD deco
LICENSOR
SENT BYIRETURN TO
DATE SUBMITTED DATE REQUESTED
El Segundo PD
Sheila Tan
8/16/07 ASAP
DIVJDEPT. SUBMITTING
RSON SUBMITTING
PHONE NUMBER
!FAX NUMBER
Matchbox Design
Peraida
(310) 252 -6676
(310) 252 -2610
❑ FIRST SUBMISSION ❑ SECOND SUBMISSION ❑ FINAL SUBMISSION ❑ OTHER
ITEM SUBMITTED:
❑ ONE -TO -ONE
...�
❑ PACKAGING
❑ PROTOTYPE PHOTO
❑ ADVERTISING
❑ PATTERN
❑ CONCEPT
❑ FIRST SHOTS
❑ STORYBOARD /SCRIPT
❑� VEHICLE GRAPHICS
❑ PROTOTYPE
❑ PRODUCT REVISION
❑ OTHER
SPE IAL INSTRUCTIONStCOMM£NTS 8 nEM OR ISSU£ SEEKING APPROVAL FOR:
TO BE COMPLETED BY THE LICENSOR
NEXT STEPSILICENSOR COMMENTS tPLEASE INCLUDE 'SPECIFIC DETAILS, SUCH AS MEASUREMENTS, .PACKAGE TEXT,
SKETCH, PHOTO, ETC.)
ACTION TAKEM
LICENSOR NAME
PHONE NUMBER
FAX NUMBER
MV APPROVED
Jeff Stew , ity Manager
310- 524 -2301
310 - 322 -7137
APPROVED WI CORRECTIONS
LICENSOR SIGNAE/Z
DATE
/' "jy l
NOT APPROVED
OTHER
l
Approvals, disapprovals, c±jt - 'Cr notations hereon shall not imply that a binding agreement exists with licensor.
34
w8mmsox.
MATTEL El Segundo, CA
DESIGNER: M. HERALDA x3770
SUPERVISOR: DAVE WEISE
E -mail: Heraldam@mattel.com
Mail Stop: Di -0142
Budget Center #1`-1003.598.000.4160
Date: 8/15107
Toy*: M5330/M7405
Scale: 1:71
Tool# MB689
Scale: 1:1 Mattel Confidential / Trade Secret Information
VEHICLE: FORD CROWN VICTORIA (2001)
Licensor. FORWEL SEGUNDO POLICE DEPARTMENT
BODY: Deep Black 0420 -70004
CHASSIS: Blade
WINDSHIELD: Smoked Tint MB55
INTERIOR: GRAY MB62
WHEELS: 2006 Basic Classic Wheel #J2373 w/ NO HOTSTAMP FOIL
r♦ LIGHT BAR: RED
= BLACK 742 -70509
WHITE 742 -70501
MET.GOLD
BLUE 742 - 245530
�( mArcyeox.
MATTEL, INC.
LICENSOR APPROVAL FORM
Licensor comDlete yellow hiahliahted ,portion.
RETURN PHYSICAL ITEMS (EXCEPT ARTWORK) TO:
FAX SIGNED FORMS TO:
J/ 't V • , , a.
Mattel, Inc.
Hot Wheels Licensor Liaison
Mail Stop D1 -0124
333 Continental Blvd.
El Segundo, CA 90245 -5012
(310) 252 -2610
sheila.tan chi mattel.com
PRODUCT NAME
LICENSOR NAME
PROJECT #rrOY #
1:64 Ford Crown Victoria
2001 /El Segundo Police Department -PKG
M5330
LICENSOR
SENT BWRETURN TO
DATE SUBMITTED DATE REQUESTED
El Segundo Police Dept.
Sheila Tan
11/26/07 ASAP
DIV (DEPT. SUBMITTING
❑ PROTOTYPE
PERSON SUBMITTING
PHONE NUMBER
FAX NUMBER
Matchbox Design
Lunas
(310) 252 -6676
(310) 252 -2610
Q FIRST SUBMISSION ❑ SECOND SUBMISSION ❑ FINAL SUBMISSION ❑ OTHER
ITEM SUBMITTED:
LICENSOR NAME
PHONE NUMBER
FAX NUMBER
❑ ONE -TO -ONE
PACKAGING
❑ PROTOTYPE PHOTO
❑ ADVERTISING
❑ PATTERN
❑ CONCEPT
❑ FIRST SHOTS
❑ STORYBOARD /SCRIPT
❑ VEHICLE GRAPHICS
❑ PROTOTYPE
❑ PRODUCT REVISION
❑ OTHER
§P CUAL INSTRUCTIONS! COMMENTS f n'EM OR i UESEEKING AEPBOVAL FOR-
Please approve packging
TO BE COMPLETED BY THE LICENSOR
NEXT STEPS /LICENSOR COMMENTS (PLEASE INCLUDE SPECIFIC DETAILS, SUCH AS MEASUREMENTS, PACKAGE TEXT,
SKETCH, PHOTO, ETC.)
ON TAKEN:
LICENSOR NAME
PHONE NUMBER
FAX NUMBER
APPROVED
�ewrr
310.5 24.2301
APPROVED W! CORRECTIONS
J e f f t
IJCENSOR5 U
DATE
NOT APPROVED
OTHER
IZ /
Approvals, dlsappro7 "Omments, or notations hereon shall not Imply that a binding agreement exists with licensor.
36
fiRTCNBOX.
MATTEL, INC.
LICENSOR APPROVAL FORM
I irancnr rmmnlete yel/nw hiahliahted portion.
RETURN PHYSICAL ITEMS (EXCEPT ARTWORK) TO:
FAX SIGNED FORMS TO:
3746-
., ..
Mattel, Inc.
Hot Wheels Licensor Liaison
Mail Stop D1 -0124
333 Continental Blvd.
El Segundo, CA 90246 -6012
(310) 262 -2610
kate.carlyle@mattel.com
PRODU T NAME 1
2008 Matchbox Basic Car poster
(PROJECT #/TOY #
08 MBX Poster
LICENSOR
SENT BYIRETURN TO
DATE SUBMITTED DATE REQUESTED
El Se undo Police Department
Kate Carlyle
1/8108 ASAP
DIV./DEPT. SUBMITTING
(PERSON SUBMITTING
PHONE NUMBER
;FAX NUMBER
Matchbox Marketing
Shannon
1(310) 252 -5177
(310) 252.2610
Q FIRST SUBMISSION ❑ SECOND SUBMISSION ❑ FINAL SUBMISSION ❑ OTHER
ITEM SUBMITTED:
❑ ONE -TO -ONE
❑ PACKAGING
❑ PROTOTYPE PHOTO
❑ ADVERTISING
❑ PATTERN
❑ CONCEPT
❑ FIRST SHOTS
❑ STORYBOARD /SCRIPT
❑ VEHICLE GRAPHICS
❑ PROTOTYPE
❑ PRODUCT REVISION
❑✓ OTHER Poster
SPE0t I n COMMENTS I ITEM OR ISSUE SEEKING APPROVAL FOR: - - - - --
Please approve poster. The images and/or names on the poster will also be used in the Matchbox 2008 booklet,
and potentially Mattel internal and retail websites.
For your approval:
Segment Toy # Car Name
Emergency -M5330 Ford Crown Victoria
Legal lines and logo as applicable. w
TO BE COMPLETED BY THE LICENSOR
NEXT STEPSILICENSOR COMMENTS (PLEASE INCLUDE SPECIFIC DETAILS, SUCH AS MEASUREMENTS, PACKAGE TEXT,
SKETCH, PHOTO, ETC.)
AC YON TAKEN: -
LICENSOR NAME
FAX NUMBER
APPROVED
Jeff Ste t, City Manager
[HONENUMBER
310- 524 -2301
310- 322 -7 ±37
APPROVED W/ CORRECTIONS
LICENSOR SI
DATE
NOT APPROVED
OTHER
I
Approvals, disapproval9, comments, or notations hereon shall not Imply that a binding agreement exi is with licensor.
37
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43
THIRD AMENDMENT TO LICENSE AGREEMENT
BETWEEN
THE CITY OF EL SEGUNDO, CALIFORNIA
AND MATTEL, INC.
This Third Amendment (the "Third Amendment "), effective as of the day of
, 2014 and entered into between the City of El Segundo, California (hereinafter
"LICENSOR ") and Mattel, Inc. (hereinafter "MATTEL "), amends the agreement entered
into as of June 26, 2007, the First Amendment entered into as of April 20, 2010 and the
Second Amendment entered into as of December 6, 2011 (collectively hereinafter the
"Agreement "), by and between LICENSOR and MATTEL.
NOW, THEREFORE, in consideration of the mutual covenants and agreements
contained herein, the parties agree as follows:
1) Section 2 - Term. Section 2, the Term of the Agreement, shall be
extended through December 31, 2017.
2) No Further Amendments; Restatement. Except as amended by this
Third Amendment, the Agreement shall remain in full force and
effect and is hereby restated in full.
3) Definitions. All initial capitalized terms used in this Third
Amendment shall have the same meaning given such terms in the
Agreement, unless otherwise defined herein or unless the context
indicates otherwise in this Third Amendment.
IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment as of
the date first above written.
The City of El Segundo, California Mattel, Inc.
By: _
Name:
Title:
Date:
Name: Jeffrey A. Korchek
Title: V.P., Legal & Business Affairs
Date:
1146959 1 44
EL SEGUNDO CITY COUNCIL MEETING DATE: May 6, 2014
AGENDA STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action to enter into a contract agreement with the publisher, Arcadia
Publishing, Inc. for a historical photo book of the City of El Segundo, to be titled: Images of
America: El Segundo; and, to be completed before the 100th Anniversary of the City by January
2017. (Fiscal Impact: In -Kind contribution by the Library Director)
RECOMMENDED COUNCIL ACTION:
1. Authorize the City Manager to enter into an agreement in a form approved by the City
Attorney with the publisher, Arcadia Publishing, Inc., including no up front fees and shared
royalties of 8 %, split 50/50 with the co- author, Carole Jakucs; and, all proceeds earned from the
Library Director's portion of royalties deposited to the City as revenues.
2. Alternatively, discuss and take other action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
None
FISCAL IMPACT: In kind contribution by the Director of Library Services.
ORIGINATED BY: Debra Brighton, Director of Library Services
APPROVED BY: Greg Carpenter, City Manager 7,
BACKGROUND AND DISCUSSION:
At the November 19, 2013, City Council meeting, the City Council authorized the Director of
Library Services and co- author, Carole Jakucs, to begin a historical photo book project with
Arcadia Publishing Inc., and to complete it in time for the City's 10011' Anniversary in January
2017.
Arcadia Publishing, Inc. has been publishing local pictorial histories of towns across the United
States since 1993. The public library has collected many of their titles, so the quality of their
publications and distribution is well established.
The City Council is requested to approve a contract between the City and Arcadia Publishing,
Inc. as reviewed by the City Manager and City Attorney.
45
EL SEGUNDO CITY COUNCIL MEETING DATE: May 6, 2014
AGENDA STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action to authorize the City Manager to enter into a new lease
agreement with New Cingular Wireless PCS (AT &T Mobility Corporation) allowing a
construction upgrade to the current wireless communications fixtures located on the
police department rooftop and a rental payment of $2,800.00 per month. Fiscal Impact:
Revenue increase of $33,600.00 annually.
RECOMMENDED COUNCIL ACTION:
1. Authorize the City Manager to execute a lease agreement, in a form approved by the City
Attorney, with New Cingular Wireless PCS (AT &T Mobility Corporation) allowing a
construction upgrade to the current wireless communications fixtures located on the
police department rooftop and a rental payment of $2,800.00 per month; and
2. Alternatively, discuss and take other action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
New Cingular Wireless PCS (AT &T Mobility Corporation) Structure Lease Agreement
FISCAL IMPACT: Revenue increase of $33,600.00 annually.
Amount Budgeted: None
Additional Appropriation: None
Account Number(s): N/A
ORIGINATED BY: Bob Turnbull, Captain
REVIEWED BY: Mitch Tavera, Chief of Polg4Z-::4XS
APPROVED BY: Greg Carpenter, City Manager
BACKGROUND AND DISCUSSION:
In November of 2001, the City entered into a lease agreement with AT &T Wireless allowing it
to install wireless communication fixtures on the rooftop of the Police Department's
Communication Center. At that time, the Department maintained and operated the El Segundo
Public Safety Communications Center. The installation of AT &T's wireless communication
fixtures resolved Mobile Digital Computer communication and cellular reception issues
identified in the City. These fixtures also provided residents and other AT &T Wireless users
better reception and communication in the western region of the City.
The City at that time opted to have AT &T relocate the proposed communication fixtures (at a
cost of $500,000 and at the City's direction) rather than collect $1000 /month of rent. The City
did not exercise this option during the term of the lease.
Since that time, the El Segundo Public Safety Communications Center is no longer in service.
The AT &T communications fixtures located on the Police Department rooftop continue to
function and provide wireless service and communication for this area. 6
.*
Recently, New Cingular Wireless PCS (AT &T Mobility Corporation) approached the City and
proposed to install additional wireless communication equipment on the same rooftop with a
monthly rental payment of $2,800.00 for the continued use of this location. In year two of the
initial term, and each year thereafter, the monthly rent will increase by five percent (5 %). The
initial term of this agreement is for five years with an automatic renewal for three additional five
year terms. Staff contacted the City of Manhattan Beach and verified that the proposed rental
rate is appropriate for the footprint. The attached lease agreement was reviewed and approved as
to form by our City Attorney's Office.
Staff recommends City Council authorize the City Manager to execute a new lease agreement
with New Cingular Wireless PCS (AT &T Mobility Corporation) allowing a construction
upgrade to the current wireless communications fixtures located on the police department rooftop
and a rental payment of $2,800.00 per month.
47
AT &T Site LAD095 (El Segundo PD Main Grand) Structure Lease Agreement 04.15.14 FINAL
Market: Southern California
Cell Site Number: LAD095
Cell Site Name: El Segundo PD Main Grand (CA)
Fixed Asset Number: 10086765
Address: 348 Main Street, El Segundo, CA 90245 [APN: 4135- 003 -901]
STRUCTURE LEASE AGREEMENT
THIS STRUCTURE LEASE AGREEMENT ( "Agreement "), dated as of the latter of the signature dates below
( "Effective Date "), is entered into by the City of El Segundo, a municipal corporation, having its principal office /residing at
350 Main Street, El Segundo, CA 90245 ( "Landlord ") and New Cingular Wireless PCS, LLC, a Delaware limited liability
company, having a mailing address of 575 Morosgo Drive NE, Suite 13F, West Tower, Atlanta, GA 30324 ( "Tenant ").
BACKGROUND
WHEREAS, Landlord owns that certain plot, parcel or tract of land, improved with a structure (the "Structure ")
together with all rights and privileges arising in connection therewith, located at 348 Main Street, in the City of El Segundo,
County of Los Angeles, State of California [APN: 4135-003-901] as further described on the Legal Description of the property
attached hereto as Exhibit A (collectively "Property "). Tenant desires to use a portion of the Property in connection with its
federally licensed communications business.
WHEREAS, Landlord and Tenant's predecessor -in- interest, AB Cellular LA, LLC, a Delaware limited liability
company d/b /a AT &T Wireless ( "Original Tenant "), entered into that certain Lease Agreement, dated as of November 27,
2001 ( "Existing Lease ") for use of the Property.
WHEREAS, Tenant has succeeded to all of the right, title and interest of Original Tenant in and to the Existing Lease.
WHEREAS, Landlord and Tenant wish to supersede all of the terms, covenants and conditions of the Existing Lease
with the terms, covenants and conditions of this Agreement, and to confirm that as of the Effective Date, their obligations
under the Existing Lease shall be deemed fully performed, and each shall be fully discharged from their respective obligations
thereunder, and without the necessity of a further writing exchanged between them.
The parties agree as follows:
1. LEASE OF PREMISES. Landlord leases to Tenant portions of the Structure and Property consisting of (a) space
(room/cabinet) of approximately three hundred twenty (320) square feet on the roof of the Structure for the placement of
Tenant's communications equipment, and (b) those spaces on the Structure as are necessary for the antennas and initial
installation of the Communication Facility (as defined in Section 2, Permitted Use below), including spaces for the placement
of connections between Tenant's equipment and antennas, and between Tenant's equipment and the electric power, telephone,
and fuel sources for the Property, all as more particularly depicted/described on attached Exhibit B (collectively, "Premises ").
However, any changes which alter the square feet of the equipment room/cabinet space and antenna space or clearance space of
the Communication Facility and its equipment from that set forth in Exhibit B requires Landlord's prior written consent subject
to the terms and conditions set forth in Section 2, Permitted Use below.
i•
2. PERMITTED USE. Tenant may use the Premises for the transmission and reception of communications signals and
the installation, maintenance, operation, repair and replacement of its communication fixtures and related equipment, cables,
accessories and improvements (collectively the "Communication Facility ") and any other items necessary to the successful
and secure operation of the Communication Facility, as substantially described in Exhibit B; such use includes the right to test,
survey and check title on the Property. Tenant has the right to make Property improvements, alterations or additions ( "Tenant
Changes ") consistent with the building and facility specifications attached hereto as Exhibit B. Before the initial installation
of Tenant's Changes, Tenant will supply the Landlord with plans and specifications consistent with Exhibit B ( "Plans ") to be
reviewed and consented to by Landlord before commencement of Tenant's Changes. Landlord's execution of this Agreement
will signify Landlord's approval of Exhibit B. After approval, the Plans will be considered incorporated in this Agreement as
Exhibit B. If the Landlord disapproves the plans then the Tenant will provide the Landlord with revised plans. In the event
Landlord disapproves of the Plans upon a second (2nd) submission, Tenant may terminate this Agreement. Landlord will not
knowingly permit or suffer any person to copy or utilize the Plans for any purpose other than as provided in this Agreement
except to the extent provided by the Public Records Act and other applicable law. Tenant has the right to modify, supplement,
replace, or upgrade the Communication Facility so long as such do not physically alter the exterior appearance of the facilities
following the completion of the initial installation of the Communication Facility, and such modifications are subject to the
same approval process set forth above. However, any changes which (i) alter the exterior physical appearance of the
Communication Facility, or (ii) expand the footprint of the Premises or the height of the Communication Facility as initially
approved by Landlord hereunder, requires Landlord's prior written consent, which may be withheld in the Landlord's sole
discretion. Notwithstanding the foregoing, in no event shall Tenant be required to obtain Landlord's approval for any Tenant
modifications, supplements, replacements or upgrades of the Communication Facility which are undertaken within Tenant's
equipment shelter and do not alter the exterior physical appearance of the Communication Facility.
3. TERM.
(a) The initial lease term will be five (5) years ( "Initial Term "), commencing upon the Effective Date. The
Initial Term will terminate on the last day of the month in which the fifth (5') annual anniversary of the Effective Date occurs.
(b) This Agreement will automatically renew for three (3) additional five (5) year Term(s) (each an "Extension
Term "), upon the same terms and conditions unless the Tenant notifies the Landlord in writing of Tenant's intention not to
renew this Agreement at least ninety (90) days before the expiration of the Initial Term or then existing Extension Term.
(c) If Tenant remains in possession of the Premises after the termination or expiration of this Agreement then
Tenant will be deemed to be occupying the Premises on a month to month basis (the "Holdover Term "), subject to the terms
and conditions of this Agreement. Should this occur, Landlord may terminate this Agreement upon thirty (30) days written
notice.
(d) The Initial Term and the Extension Term and the Holdover Term are collectively referred to as the Term
( "Term ").
we
4. RENT.
(a) Commencing on the date that Tenant commences construction ( "Commencement Date "), Tenant will pay
the Landlord a monthly rental payment of Two Thousand Eight Hundred and 00 /100 Dollars ($2,800.00) ( "Rent "), plus any
applicable tax (pursuant to the terms and conditions of Paragraph 23, Possessory Interest Taxes below), at the address set forth
above, on or before the fifth (5`h) day of each calendar month in advance. Rent will be prorated for any partial month. The
initial Rent payment will be forwarded by Tenant to Landlord within forty -five (45) days after the Commencement Date.
(b) In year two (2) of the Initial Term, and each year thereafter, including throughout any Extension Terms
exercised, the monthly Rent will increase by Five Percent (5 %) over the Rent paid during the previous year.
(c) All charges payable under this Agreement such as utilities and taxes shall be billed by Landlord within one
(1) year from the end of the calendar year in which the charges were incurred; any charges beyond such period shall not be
billed by Landlord, and shall not be payable by Tenant. The foregoing shall not apply to monthly Rent which is due and
payable without a requirement that it be billed by Landlord. The provisions of this subparagraph shall survive the termination
or expiration of this Agreement.
5. APPROVALS.
(a) Landlord agrees that Tenant's ability to use the Premises is contingent upon its suitability for Tenant's
intended use and Tenant's ability to obtain all governmental licenses, permits, approvals or other relief required of or deemed
necessary by Tenant for its use of the Premises, including without limitation applications for zoning variances, zoning
ordinances, amendments, special use permits, and construction permits (collectively referred to as "Governmental
Approvals "). Landlord authorizes Tenant to, and Tenant will prepare, execute and file all required applications to obtain
Governmental Approvals for Tenant's use under this Agreement and Landlord agrees to reasonably cooperate with Tenant with
such applications.
(b) Tenant has the right, at its sole expense, to obtain a title report or commitment for a leasehold title policy
from a title insurance company of its choice and to have the Property surveyed by a surveyor of its choice. Tenant has thirty
(30) days from the Effective Date of this Agreement to either accept or reject matters of record title. If Tenant rejects any
matters of record title, Landlord can in its sole discretion correct any such matters within thirty (30) days. In the event that
Landlord does not correct any record title matters objected to by Tenant, Tenant may either terminate this Agreement, or accept
such matters of record title.
(c) Tenant may also obtain, at Tenant's sole cost and expense engineering or environmental tests or reports
( "Tests ") relating to the feasibility of locating the Communication Facility on the Premises. Tenant has thirty (30) days from
the Effective Date of this Agreement to accept the Premises in its "AS IS" state.
6. TERMINATION. This Agreement may be terminated as follows:
(a) by either party on thirty (30) days prior written notice, if the other party remains in default under Paragraph
16, Default and Right to Cure of this Agreement after the applicable cure periods;
(b) by Tenant upon written notice, if Tenant is unable to obtain, or maintain, any required approval(s) or the
issuance of a license or permit by any agency, board, court or other governmental authority necessary for the construction or
operation of the Communication Facility as now and hereafter intended by Tenant or if Tenant determines in its sole discretion
3
50
that the cost of obtaining or retaining the same is commercially unreasonable; or for any other reason identified in this
Agreement.
(c) by Tenant on ninety (90) days written notice for any reason.
7. INTERFERENCE.
(a) There are existing radio frequency user(s) on the Landlord's Property, the Landlord will provide Tenant with
a list of all existing radio frequency user(s) and their frequencies on the Property to allow Tenant to evaluate the potential for
interference between the Communication Facility and the existing frequency users. Tenant must conduct testing before
activating the Communication Facility to ensure that the operation of its Communication Facility does not interfere with
existing radio frequency users.
(b) Landlord will not grant, after the Effective Date of this Agreement, a lease, license or any other right to any
third party for use of the Property, if such use materially interferes with the operations of Tenant's Communication Facility,
unless such interference is the result of operations that are intended to be a part of, or enhance, Landlord's police and fire
communication system. Landlord will notify Tenant before granting any third party the right to install and operate
communications equipment on the Property.
(c) Landlord will not use, nor will Landlord permit its employees, tenants, licensees, invitees or agents to use,
any portion of the Premises that in any way that materially interferes with the operations of Tenant or the rights of Tenant
under this Agreement except as necessary to carry out emergency operations of Landlord or as otherwise permitted under this
Agreement. Landlord will cause unauthorized interference to cease upon not more than twenty -four (24) hour notice from
Tenant.
(d) It is understood that Landlord operates a police and fire emergency communication system and that the
operation of such is paramount over any operation of Tenant's Communication Facility hereunder. It is further understood that
Landlord may alter its current police and fire communication system in the future. Accordingly, the installation, maintenance
and operation of the Communication Facility cannot interfere with the Landlord's existing or future communications
equipment, operations, or transmissions on or from the Property. In the event Tenant's installation, maintenance or operation of
its Communication Facility interferes with the Landlord's existing or future communications equipment, operations, or
transmissions, Tenant will immediately cease such interference, after verbal or written notice thereof until it is able to resolve
the interference problem. The Landlord is entitled to specific enforcement in order to cause such interference to cease and
desist without allowing Tenant an opportunity to cure such interference as provided in Paragraph 16 hereof. If the interference
cannot be resolved within a reasonable period of time under the circumstances, either party is entitled to terminate this
Agreement.
8. INDEMNIFICATION.
(a) Tenant agrees to indemnify, defend and hold Landlord harmless from and against any injury, loss, damage or
liability (or any claims in respect of the foregoing), costs or expenses (including reasonable attorneys' fees and court costs)
arising directly from the installation, use, maintenance, repair or removal of the Communication Facility, except to the extent
attributable to the negligence or willful acts or omissions of Landlord, its employees, agents or independent contractors.
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51
(b) Landlord agrees to indemnify, defend and hold Tenant harmless from and against any injury, loss, damage or
liability (or any claims in respect of the foregoing), costs or expenses (including reasonable attorneys' fees and court costs)
arising directly from the actions or failure to act of Landlord or its employees, agents or independent contractors.
9. MAINTENANCE AND REPAIR. Landlord will maintain the areas surrounding the Property in good condition and
repair and free from weeds, debris and rubbish.
10. WARRANTIES. Tenant and Landlord each acknowledge and represent that it is duly organized, validly existing and
in good standing and has the right, power and authority to enter into this Agreement and bind itself hereto through the party set
forth as signatory for the party below. Landlord represents and warrants that: (i) to the best of its knowledge, Landlord solely
owns the Property as a legal lot in fee simple, or controls the Property by lease or license, unencumbered by any liens,
restrictions, mortgages, covenants, conditions, easements, leases, agreements of record or not of record, which would adversely
affect Tenant's use and enjoyment of the Premises under this Agreement; (ii) as long as Tenant is not in default then Landlord
grants to Tenant actual, quiet and peaceful use, enjoyment and possession of the Premises; (iii) to the best of Landlord's
knowledge, its execution and performance of this Agreement will not violate any laws, ordinances, covenants or the provisions
of any mortgage, lease, or other agreement binding on the Landlord; and (iv) if the Property is or becomes encumbered by a
deed to secure debt, mortgage, or other security interest, Landlord will use its best efforts to notify Tenant of such and give
Tenant the opportunity to secure a Subordination, Non - Disturbance and Attornment Agreement. However, Tenant takes
possession of the Premises subject to those matters that are of record title or that Tenant could discover through reasonable due
diligence under the circumstances or that it has actual notice of.
11. ENVIRONMENTAL.
(a) Landlord and Tenant agree that each will be responsible for compliance with any and all environmental and
industrial hygiene laws, including any regulations, guidelines, standards, or policies of any governmental authorities regulating
or imposing standards of liability or standards of conduct with regard to any environmental or industrial hygiene condition or
matters as may now or at any time hereafter be in effect, that are now or were related to that party's activity conducted in, or on
the Property.
(b) Landlord and Tenant agree to hold harmless and indemnify the other from and to assume all duties,
responsibilities, and liabilities at is sole cost and expense, for all duties, responsibilities and liability (for payment of penalties,
sanctions, forfeitures, losses, costs, or damages) and for responding to any action, notice, claim, order, summons, citation,
directive, litigation, investigation or proceeding which is related to (i) failure to comply with any environmental or industrial
hygiene law, including without limitation any regulations, guidelines, standards or policies of any governmental authorities
regulating or imposing standards of liability or standards of conduct with regard to any environmental or industrial hygiene
conditions or matters as may now or hereafter be in effect, and (ii) any environmental or industrial hygiene conditions that arise
out of or are in any way related to the condition of the Property or activities conducted by the party thereon, unless the
environmental conditions are caused by the other party.
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52
(c) The indemnifications of this Paragraph specifically include reasonable costs, expenses and fees incurred in
connection with any investigation of Property conditions or any clean -up, remedial, removal or restoration work required by
any governmental authority. The provisions of this Paragraph will survive the expiration or termination of this Agreement
and/or any transfer or assignment of the rights and obligations under this Agreement.
12. ACCESS. At all times throughout the term of this Agreement, and at no additional charge to Tenant, Tenant and its
employees, agents, and subcontractors, will have access to and over the Property between 7:00 a.m. and 4:00 p.m. PST,
Monday through Friday, from an open and improved public road to the Premises, for the installation, maintenance and
operation of the Communication Facility and any utilities serving the Premises. Tenant must provide twenty four (24) hour
prior notice, except in the case of an emergency in which event Tenant must provide as much notice as possible to Landlord's
Watch Commander of its intent to enter the Premises. Landlord may in its reasonable determination deny such access if such
will interfere with the Landlord's operations. In the event any public utility is unable to use the access provided to Tenant the
Landlord hereby agrees to grant an additional access either to Tenant or to the public utility, for the benefit of Tenant, at no
cost to Tenant.
13. REMOVAL. All portions of the Communication Facility brought onto the Property by Tenant will be and remain
Tenant's personal property and, at Tenant's option, may be removed by Tenant at any time during the Term. Landlord
covenants and agrees that no part of the Communication Facility constructed, erected or placed on the Premises by Tenant will
become, or be considered as being affixed to or a part of, the Property, it being the specific intention of the Landlord that all
improvements of every kind and nature constructed, erected or placed by Tenant on the Premises will be and remain the
property of the Tenant and may be removed by Tenant at any time during the Term. Within sixty (60) days of the termination
of this Agreement for whatever reason, Tenant will remove all such improvements and return the Premises to the Landlord in
the same or better condition as the Premises were in on the Commencement Date, reasonable wear and tear excepted.
14. RELOCATION. Upon request by Landlord, from time to time, Tenant will make minor relocations of its
Communication Facility equipment so long as such does not interfere with Tenant's operation of its Communication Facility.
Upon relocation of the Communications Facility, or any part thereof, all references to the Premises in this Agreement will be
deemed to be references to the relocation site. Upon permanent relocation, the parties shall execute an amendment to this
agreement which redefines the Property, Premises, and the Communication Facility and which deletes the existing Exhibits A,
B and C, and replaces such with revised Exhibits A, B and C. Except as expressly provided in this Paragraph, Owner and
Tenant agree that in no event will the relocation of the Communication Facility, or any part thereof, except as provided in this
Paragraph 14, affect, alter, modify or otherwise change any of the terms and conditions of this Agreement.
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53
15. MAINTENANCE; UTILITIES.
(a) Tenant will keep and maintain the Premises in good condition, reasonable wear and tear and damage from
the elements excepted. Tenant's obligation to maintain the Premises shall not include any portion of the Structure, roof of the
Structure or Premises that Landlord or any other tenant of the Structure is obligated to maintain. Landlord will maintain and
repair the Property and access thereto, in good and tenantable condition, subject to reasonable wear and tear and damage from
the elements.
(b) Tenant will be solely responsible for and promptly pay all utilities charges for electricity, telephone service or any
other utility used or consumed by Tenant on the Premises. Landlord will fully cooperate with any utility company requesting
an easement over, under and across the Property in order for the utility company to provide service to the Tenant. In the event
Tenant cannot secure its own metered electrical supply, Tenant must, at its own cost and expense, install a submeter to the
Landlord's meter. Tenant will pay on a monthly basis the current local utility company rate for submetered electric, after the
meter is read by the Landlord and billed to Tenant. Landlord will not be responsible for interference with, interruption of or
failure, beyond the reasonable control of Landlord, of such services to be furnished or supplied indirectly by Landlord.
16. DEFAULT AND RIGHT TO CURE.
(a) Tenant will be deemed to be in default and breach of this Agreement if Tenant fails to perform any term or
condition under this Agreement within forty -five (45) days after Tenant's receipt of Landlord's written notice that identifies a
specific failure by Tenant under this Agreement. No such failure, however, will be deemed to exist if Tenant has commenced
to cure such default within such period and provided that such efforts are prosecuted to completion with reasonable diligence.
Delay in curing a default will be excused if such is due to causes beyond the reasonable control of Tenant. If Tenant remains
in default beyond any applicable cure period, Landlord will have the right to exercise any and all rights and remedies available
to it under law and equity.
(b) Landlord will be deemed to be in default and breach of this Agreement if Landlord fails to perform any term
or condition under this Agreement within forty -five (45) days after Landlord's receipt of Tenant's written notice that identifies
a specific failure by Landlord under this Agreement. No such failure, however, will be deemed to exist if Landlord commenced
to cure the default within such period and provided such efforts are prosecuted to completion with reasonable diligence. Delay
in curing a default will be excused if it is due to causes beyond the reasonable control of Landlord. If Landlord remains in
default beyond any applicable cure period, Tenant will have the right to exercise any and all rights available to it under law and
equity, including the right to cure Landlord's default and to deduct the costs of such cure from any moneys due to Landlord
from Tenant.
17. ASSIGNMENT /SUBLEASE.
(a) Assignment. Tenant may assign, sell or transfer its interest under this Agreement without the approval or
consent of Landlord, to the Tenant's principal, affiliates, subsidiaries, subsidiaries of its principal (each a "Tenant Affiliate ")
or to any entity which acquires all or substantially all of the Tenant's assets in the market defined by the Federal
Communications Commission in which the property is located by reason of a merger, acquisition, or other business
reorganization. Notwithstanding any such assignment by Tenant, Tenant will remain primarily responsible for performance
under this Agreement.
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54
(b) Sublease. Tenant shall have the right to sublease the Premises, or any portion thereof, only to any entity that
is under the ultimate control of AT &T, Inc. without the prior consent of Landlord. Tenant may not otherwise sublease the
Premises without Landlord's prior written consent, such consent not to be unreasonably withheld, conditioned or delayed.
18. NOTICES. All notices, requests, demands and communications hereunder will be given by first class certified or
registered mail, return receipt requested, or by a recognized overnight courier, postage prepaid, to be effective when properly
sent and received, refused or returned undelivered. Notice will be addressed to the parties at the addresses set forth below:
Tenant:
New Cingular Wireless PCS, LLC
Attn: Network Real Estate Administration
Re: Cell Site # LAD095
Cell Site Name: El Segundo PD Main Grand (CA)
Fixed Asset #: 10086765
575 Morosgo Drive NE
Suite 13F, West Tower
Atlanta, GA 30324
with a copy to AT &T Legal Department:
New Cingular Wireless PCS, LLC
Attn: Legal Department — Network Operations
Re: Cell Site # LAD095
Cell Site Name: El Segundo PD Main Grand (CA)
Fixed Asset #: 10086765
208 S. Akard Street
Dallas, TX 75202
The copy sent to the AT &T Legal Department is an administrative step which alone does not constitute legal notice.
Landlord: City of El Segundo
Attn: City Clerk
350 Main Street
El Segundo, CA 90245
Either party may change the place for the giving of notice to it by thirty (30) days written notice to the other as provided herein.
19. SEVERABILITY. If any term or condition of this Agreement is found unenforceable, the remaining terms and
conditions will remain binding upon the parties as though said unenforceable provision were not contained herein. However, if
the invalid, illegal or unenforceable provision materially affects this Agreement then the Agreement may be terminated by
either party on ten (10) days prior written notice to the other party hereto.
20. CONDEMNATION. In the event Landlord receives notification of any condemnation proceedings affecting the
Property, Landlord will provide prompt notice of the proceeding to Tenant. If a condemning authority takes all of the Property,
or a portion sufficient, in Tenant's sole determination, to render the Premises unsuitable for Tenant, this Agreement will
terminate as of the date the title vests in the condemning authority. The parties will be entitled to share in the condemnation
proceeds in proportion to the values of their respective interests in the Property, which for Tenant will include, where
8
55
applicable, the value of its Communication Facility, moving expenses, prepaid rent, and business dislocation expenses. Tenant
will be entitled to reimbursement for any prepaid Rent.
21. DAMAGE TO PROPERTY. Landlord will provide prompt notice to Tenant of any damage affecting the Premises
within two (2) business days following the occurrence of such damage. If any part of the Communication Facility or Property
is damaged by fire or other cause so as to render the Premises unsuitable, in Tenant's sole determination, then Tenant may
terminate this Agreement by providing written notice to the Landlord, which termination will be effective as of the date of such
damage or destruction. Upon such termination, Tenant will be entitled to collect all insurance proceeds payable to Tenant on
account thereof and to be reimbursed for any prepaid Rent.
22. WAIVER OF LANDLORD'S LIENS. Landlord hereby waives any and all lien rights it may have, statutory or
otherwise, concerning the Communication Facility or any portion thereof. The Communication Facility is personal property for
purposes of this Agreement, regardless of whether any portion is deemed real or personal property under applicable law, and
Landlord hereby consents to Tenant's right to remove all or any portion of the Communication Facility from time to time in
Tenant's sole discretion and without Landlord's consent.
23. POSSESSORY INTEREST TAXES. Tenant is informed by Landlord pursuant to Cal. Rev. & Tax. Code § 107.6
that its property interest in the Property may be subject to property taxation if created and that Tenant may be subject to the
payment of property taxes levied on such interest. Tenant may not deduct such amount from Rent or any other sums due to
Landlord under this Agreement.
24. MISCELLANEOUS.
(a) Amendment, Waiver. This Agreement cannot be amended, modified or revised unless done in writing and
signed by Landlord's city manager and an authorized agent of the Tenant. No provision may be waived except in a writing
signed by both parties.
(b) Short Form Lease. Either party will, at any time upon fifteen (15) day's prior written notice from the other,
execute, acknowledge and deliver to the other a recordable Memorandum of Lease substantially in the form attached as
Exhibit C. Either party may record this memorandum at any time, in its absolute discretion.
(c) Bind And Benefit. The terms and conditions contained in this Agreement will run with the Property and
inure to the benefit of the parties, their respective heirs, executors, administrators, successors and assigns.
(d) Entire Agreement. This Agreement and the exhibits attached hereto, all being a part hereof, constitute the
entire agreement of the parties hereto and will supersede all prior offers, negotiations and agreements.
(e) Governing Law. This Agreement was drafted in, and will be construed in accordance with the laws of the
State of California, and exclusive venue for any action involving this agreement will be in Los Angeles County.
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56
(0 Interpretation. Unless otherwise specified, the following rules of construction and interpretation apply: (i)
captions are for convenience and reference only and in no way define or limit the construction of the terms and conditions
hereof; (ii) use of the term "including" will be interpreted to mean "including but not limited to "; (iii) whenever a party's
consent is required under this Agreement, except as otherwise stated in the Agreement or as same may be duplicative, such
consent will not be unreasonably withheld, conditioned or delayed; (iv) exhibits are an integral part of the Agreement and are
incorporated by reference into this Agreement; (v) use of the terms "termination" or "expiration" are interchangeable, and (vi)
reference to a default will take into consideration any applicable notice, grace and cure periods.
(g) Estoppel. Either party will, at any time upon fifteen (15) days prior written notice from the other, execute,
acknowledge and deliver to the other a statement in writing (i) certifying that this Agreement is unmodified and in full force
and effect (or, if modified, stating the nature of such modification and certifying this Agreement, as so modified, is in full force
and effect) and the date to which the Rent and other charges are paid in advance, if any, and (ii) acknowledging that there are
not, to such party's knowledge, any uncured defaults on the part of the other party hereunder, or specifying such defaults if any
are claimed. Any such statement may be conclusively relied upon by any prospective purchaser or encumbrancer of the
Premises. Failure to deliver such a statement within such time will be conclusive upon the requesting party that (i) this
Agreement is in full force and effect, without modification except as may be properly represented by the requesting party, (ii)
there are no uncured defaults in either party's performance, and (iii) no more than one (1) month's Rent has been paid in
advance.
(h) No Option. The submission of this Agreement for examination or consideration does not constitute a
reservation of or option for the Premises. This Agreement will become effective as an Agreement only upon the legal
execution, acknowledgment and delivery hereof by Landlord and Tenant.
(i) Survival of Terms. Paragraphs 8, 11, 13 and 246) will survive the termination of this Agreement.
0) Insurance. Before commencing performance under this Agreement, and at all other times this Agreement is
effective, Tenant will procure and maintain the following types of insurance with coverage limits complying, with the limits set
forth below:
Type of Insurance Limits (combined single)
Commercial general liability: $1,000,000 occurrence and aggregate
Workers compensation Statutory requirement.
(i) Commercial general liability insurance will meet or exceed the requirements of ISO -CGL Form No. CG
00 01. The amount of insurance set forth above will be a combined single limit per occurrence for bodily
injury, personal injury, and property damage for the policy coverage. Required liability policies will include
Landlord, its officials, and employees as "additional insureds" under said insurance coverage and to state that
such insurance will be deemed "primary" such that any other insurance that may be carried by Landlord will
be excess thereto. Landlord's additional insured status shall (i) be limited to bodily injury, property damage
or personal and advertising injury caused, in whole or in part, by Tenant, its employees, agents or
independent contractors; (ii) not extend to claims for punitive or exemplary damages arising out of the acts or
omissions of Landlord, its employees, agents or independent contractors or where such coverage is
prohibited by law or to claims arising out of the gross negligence of Landlord, its employees, agents or
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57
independent contractors; and, (iii) not exceed Tenant's indemnification obligation under this Agreement, if
any. Such insurance will be on an "occurrence," not a "claims made," basis. Tenant will provide at least
thirty (30) days advanced written notice to Landlord of any cancelation of any required coverage that is not
replaced.
(ii) Tenant will furnish to Landlord duly authenticated Certificates of Insurance evidencing maintenance of
the insurance required under this Agreement, endorsements as required herein, and such other evidence of
insurance as may be reasonably required by Landlord from time to time. Insurance must be placed with
insurers with a current A.M. Best Company Rating equivalent to at least a Rating of "A- :VII."
(iii) Notwithstanding the forgoing, Tenant may, in its sole discretion, self insure any of the required insurance
under the same terms as required by this Agreement. In the event Tenant elects to self - insure its obligation
under this Agreement to include Landlord as an additional insured, the following conditions apply: (A)
Landlord shall promptly and no later than thirty (30) days after notice thereof provide Tenant with written
notice of any claim, demand, lawsuit, or the like for which it seeks coverage pursuant to this Paragraph and
provide Tenant with copies of any demands, notices, summonses, or legal papers received in connection with
such claim, demand, lawsuit, or the like; (B) Landlord shall not settle any such claim, demand, lawsuit, or the
like without the prior written consent of Tenant; and (C) Landlord shall fully cooperate with Tenant in the
defense of the claim, demand, lawsuit, or the like.
(k) Compliance with Law. Tenant agrees to comply with all federal, state and local laws, orders, rules and
regulations ( "Laws ") applicable to Tenant's use of the Communication Facility on the Property. Landlord agrees to comply
with all Laws relating to Landlord's ownership and use of the Property and any improvements on the Property in a manner
sufficient to ensure Tenant's permitted use under this Agreement, and otherwise to continuously utilize the rights expressly
granted or conferred by Landlord to Tenant under this Agreement.
25. TERMINATION OF EXISTING LEASE. As of the Effective Date, the Existing Lease is hereby terminated and
without the necessity of a further writing exchanged between Landlord and Tenant. Neither Landlord nor Tenant shall have any
further rights or remedies under the Existing Lease. All obligations of each party are deemed to have been fully performed and
discharged, and each party hereby fully releases the other from all payment of penalties, sanctions, forfeitures, losses, costs or
damages, and for responding to any action, notice, claim, order, summons, citation, directive, litigation, investigation or
proceeding thereunder to the maximum extent permitted under all applicable Laws.
[SIGNATURES ON NEXT PAGE]
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58
IN WITNESS WHEREOF, the undersigned has caused this Agreement to he effective as of the last date written below.
"LANDLORD"
City of E1 Segundo,
a municipal corporation
Greg Carpenter
Its: City Manager
Date: , 2014
APPROVED AS TO FORM:
MARK D. HENSLEY, CITY ATTORNEY
By:
Karl H. Berger, Assistant City Attorney
Date: , 2014
"TENANT"
New Cingular Wireless PCS, LLC,
a Delaware limited liability company
By: AT &T Mobility Corporation
Its: Manager
By
Print. Name:
Its:
Date: 2014
[ACKNOWLEDGEMENTS APPEAR ON FOLLOWING PAGE]
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59
LANDLORD ACKNOWLEDGMENT
State of California
County of
.am
before me,
(insert name and title of the officer)
personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within
instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by
his /her /their signatures) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and
correct.
WITNESS my hand and official seal.
Signature
TENANT ACKNOWLEDGMENT
State of California )
County of. 1
On before me,
(Seal)
(insert name and title of the officer)
personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within
instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by
his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and
correct.
WITNESS my hand and official seal.
Signature
(Seal)
13
•1
EXHIBIT A
DESCRIPTION OF PROPERTY
Page 1 of 1
to the Structure Lease Agreement dated . 2014 by and between the City of El Segundo, a
municipal corporation, as Landlord, and New Cingular Wireless PCS, LLC as Tenant.
The Property is lesally described as follows:
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF EL SEGUNDO. COUNTY OF LOS
ANGELES. STATE OF CALIFORNIA_ AND IS DESCRIBED AS FOLLOWS:
PARCEL 1:
LOTS 1 THROUGH 22, INCLUSIVE AND LOTS 24 THROUGH 42, LNCLUSME, BLOCK 42 OF EL SEGUNDO.
IN THE CITY OF EL SEGUNDO, COLV. ff OF LOS ANGELES, STATE OF CALIFORNIA, AS PER AL'1P
RECORDED IN BOOK 20, PAGES 22 AND 23 OF MAPS, 1N THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY.
TOGETHER WITH THAT PORTION OF THAT CERTAIN ALLEY RUN-MG NORTH AND SOUTH, 20 FEET
WIDE, AS SHOWN ON THE MAP OF EL SEGUNDO. VACATED BY RESOLUTION NO. 1062 OF SAID CITY,
WHICH IS RECORDED FEBRUARY 10,1950, AS 1N&UjI NT NO. 2639.OFFICIAL RECORDS. AND LYING
NORTHERLY OF THE EASTERLY PROLONGATION OF THE SOUTHERLY LINE OF LOT 19 OF SAID
TRACT.
PARCEL 2:
LOTS 43 AND 23 IN BLOCK 42 OF TRACT NO. 1826, IN THE CITY OF EL SEGUNDO. P THE COUNTY OF
LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 21. PAGE 93 OF 14iAPS. IN
THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, AND THAT PORTION OF THAT CERTAIN
ALLEY, 20 FEET WIDE. AS SHOWN ON THE AIAP OF SAID TRACT NO. 1826, VACATED BY RESOLUTION
NO. 1183 OF SAID CITY, A CERTIFIED COPY OF WHICH WAS RECORDED SEPTEMBER 11, 1951, A$
INSTRUMENT NO. 1719, Lti BOOK 37170, PAGE 238, OFFICIAL RECORDS OF SAID COUNTY. LYING
BEIMTEN THE WESTERLY PROLONGATION OR THE NORTHERLY LINE OF LOT 43 OF SAID BLOCK 42
AND THE NORTHERLY LINE OF GRAND AVENUE, SAID NORTHERLY LINE BEING ALSO THE
WESTERLY CONTINUATION OF THE CURVED SOUTHERLY LINE OF SAID LOT 43. HAVING A RADIUS
OF 751.02 FEET.
APN: 4135 - 003 -901
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61
EXHIBIT B
PLANS (DESCRIPTION OF PREMISES AND COMMUNICATION FACILITY)
Page 1 of 22
"rhe Premises and Communication Facility are described and/or depicted as follows:
jPlan Set Dated October 8, 2013, Created by National Engineering & Consulting, Inc.,
Consisting of Twenty -One (2l) Pages Appears on Following Pages]
Notes:
1. This Exhibit may be .replaced by a land survey of the Premises once it is received by Tenant.
2. Any setback of the Premises from Ate Property's boundaries is the distance required by the applicable governmental authorities.
3. Width ofaccess road is the width rcquircd by the applicable governmental authorities, including police and fire departments,
d. The type, number and mounting positions and locations of antennas and transmission lines are illustrative only. Actual types, numbers and ntounlirtg
positions may vary rrom what is shown above.
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62
AT &T Site LAD095 (El Segundo PD Main Grand) Structure Lease Agreement 04.15.14 FINAL
EXHIBIT C
MEMORANDUM OF LEASE
[FOLLOWS ON NEXT PAGE]
63
MEMORANDUM OF LEASE
Recording Requested By
& When Recorded Return to:
New Cingular Wireless PCS, LLC
Attn: Network Real Estate Administration
575 Morosgo Drive NE
Suite 13F, West Tower
Atlanta, GA 30324
APN: 4135- 003 -901
Cell Site #: LAD095
Cell Site Name: El Segundo PD Main Grand (CA)
Fixed Asset Number: 10086765
State: California
County: Los Angeles
MEMORANDUM
OF
LEASE
(Space Above This Line For Recorder's Use Only)
This Memorandum of Lease is entered into on this day of , 2014, by and between the City of El
Segundo, a municipal corporation, having a mailing address of 350 Main Street, El Segundo, CA 90245 (hereinafter referred
to as "Landlord ") and New Cingular Wireless PCS, LLC, a Delaware limited liability company, having a mailing address
of 575 Morosgo Drive NE, Suite 13F, West Tower, Atlanta, GA 30324 (hereinafter referred to as "Tenant").
1. Landlord and Tenant entered into a certain Structure Lease Agreement ( "Agreement ") on the day of
2014, for the purpose of installing, operating and maintaining a communications facility
and other improvements. All of the foregoing is set forth in the Agreement.
2. The initial lease term will be five (5) years commencing on the Effective Date of the Agreement, with three
(3) successive five (5) year options to renew.
3. The portion of the land being leased to Tenant and associated easements are described in Exhibit 1 annexed
hereto.
4. This Memorandum of Lease is not intended to amend or modify, and may not be deemed or construed as
amending or modifying, any of the terms, conditions or provisions of the Agreement, all of which are hereby
ratified and affirmed. In the event of a conflict between the provisions of this Memorandum of Lease and the
provisions of the Agreement, the provisions of the Agreement controls. The Agreement is binding upon and
inures to the benefit of the parties and their respective heirs, successors, and assigns, subject to the provisions
of the Agreement.
[SIGNATURES ON NEXT PAGE]
•A
IN WITNESS WHEREOF, the parties have executed this Memorandum of Lase as of the day and year first above
written.
"LANDLORD"
City of El Segundo,
a municipal corporation
Greg Carpenter
Its: City Manager
Date:
"TENANT"
New Cingular Wireless PCS, L.L,C,
a Delaware limited liability company
By: AT &T Mobility Corporation
Its: Manager
-s.,
Print Name:
Its:
Date: .2014
2014
[ACKNOWLEDGEMENTS APPEAR ON FOLLOWING PAGE]
65
LANDLORD ACKNOWLEDGMENT
State of California
County of
On
before me, ,
(insert name and title of the officer)
personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument
and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature _ _
TENANT ACKNOWLEDGMENT
State of California
County of
On
before me,
(Seal)
(insert name and title of the officer)
personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument
and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
(Seal)
neno
EXHIBIT 1
DESCRIPTION OF PREMISES
Page 1 of 2
to the Memorandum of Lease dated , 2014, by and between the City of El Segundo, a municipal
corporation, as Landlord, and New Cingular Wireless PCS, LLC, a Delaware limited liability company, as Tenant.
The Property is legally described as follows:
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF EL SEGUNDO. COUNTY OF LOS
ANGELES, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
LOTS I THROUGH 22. INCLUSIVE AND LOTS 24 THROUGH 42, INCLUSIVE. BLOCK 42 OF EL - SEGUNDO.
IN THE CITY OF EL SEGUNDO, COUNTY OF LOS ANGELES. STATE OF CALIFORNNM AS PER r*1AP
RECORDED IN BOOK 20, PAGES 22 AND 2_3, OF 1I.A-PS, IN THE OFFICE OF THE C:Ot�"IY RECORDER. OF
SAID COUNTY.
TOGETHER WITH THAT PORTION OF THAT CERTAIN ALLEY RUlvNENG NORTH AND SOUTH, 20 FEET
WIDE. AS SHOWN ON THE AIAP OF EL SEGUNDO, VACAIED BY RESOLUTION NO. 1062 OF SAID CITY.
WHICH IS RECORDED FEBRUARY 10, 1950, AS INSTRUMENT NO. 2639, OFFICIAL RECORDS. AND LYING
NORTHERLY OF THE EASTERLY PROLONGATION OF THE SOUTHERLY LINE OF LOT 19 OF SAID
TRACT.
PARCEL 2:
LOTS 43 AND 23 IN BLOCK 42 OF TRACT NO. 1826, IN THE CITY OF EL SEGUNDO, IN THE COUNTY OF
LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN "+ BOOK 21, PAGE 43 OF N13PS, IN
THE OFFICE OF THE COUNTY RECORDER OF SAID COUXIY, AND THAT PORTION OF THAT CERTAIN
ALLEY, 20 FEET: RIDE, AS SHOWN ON THE AIAP OF SAID TRACT NO. 1826. VACATED BY RESOLUTION
NO. 1183 OF SAID CITY, A CERTIFIED COPY OF VVH WAS RECORDED SEPTEMBER 11, 1951, A5
INSTRUMENT NO. 1719, IN BOOK 37170, PAGE 238, OFFICIAL RECORDS OF SAID COUNTY, LYING
BETWEEN ME WESTERLY PROLONGATION OR THE NORTHERLY LEKE OF LOT 43 OF SAID BLOCK 42
AND THE NORTHERLY LINE Of GRAND AVENUE, SAID NORTHERLY LINE BEING ALSO THE
WESTERLY CONTINUATION OF THE CURVED SOUTHERLY LINE OF SAID LOT 43, HAVING A RADIUS
OF 751.02 FEET.
APN: 4135 -003 -901
The Premises are described and /or depicted as follows:
[One (1) Page Depiction of the Premises Suitable for Recording in Los Angeles County Appears on Following Page]
67
EL SEGUNDO CITY COUNCIL MEETING DATE: May 6, 2014
AGENDA STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action to reject the lowest bidder and award a standard Public
Works Contract to Addscape, Inc., for the 2013 -2014 Curb, Gutter, Sidewalk, and other
Concrete Improvements Project, Project No. PW 13 -22 (Fiscal Impact: $50,000.00)
RECOMMENDED COUNCIL ACTION:
1. Reject the bid from CLA Construction and Engineering, Inc.
2. Authorize the City Manager to execute a standard Public Works Contract, in a form
approved by the City Attorney, with Addscape, Inc. in the amount of $43,780.00
3. Alternatively, discuss and take other possible actions related to this item.
ATTACHED SUPPORTING DOCUMENTS:
Location Map
FISCAL IMPACT: Included in Adopted Budget
Amount Budgeted: $50,000.00
Additional Appropriation: No
Account Number(s): 106 - 400 - 8203 -8606 (Gas Tax: Curb Replacement)
ORIGINATED BY: Arianne Bola, Senior Engineer Associate AS
REVIEWED BY: Stephanie Katsouleas, Public Works Dirwor
APPROVED BY: Greg Carpenter, City Manager
BACKGROUND AND DISCUSSION:
On an annual basis, the City contracts for the repair of defective sidewalks, curbs, gutters,
driveway approaches, and pavement areas that have been damaged throughout the City. The
program is intended to eliminate tripping hazards, ensure public safety, and restore proper
drainage flows affected by defective areas.
This budget year allocated $50,000 from the Gas Tax for sidewalk, curb and gutter repairs. The
City's annual concrete repair program addresses the highest priority areas within the City based
on the budget allocated each year, provided that no other work has to be done first on any private
property adjacent to the area to be repaired. Public Works also coordinates these areas with the
Parks Department for tree removal when necessary to complete the repairs.
On December 3, 2013, the City Council adopted the plans and specifications for Project No. PW
13 -22, 2013/14 Curb, Gutter, Sidewalk, and Other Concrete Improvements Project, and
authorized staff to advertise the project for receipt of construction bids. Eight (8) locations were
specified under the base bid and another ten (10) were specified under the alternate bid. This
approach was used to ensure that the highest priorities were funded while still allowing
.:
adjustments for additional work based on bid rates. On March 11, 2014, the City Clerk received
and opened seven (7) bids as follows:
I. CLA Construction and Engineering, Inc.
2. Addscape, Inc.
3. Civil Works Corp.
4. Rojas Construction
5. El Camino Construction and Engineering
6. Omega Contractors
7. Rafael 26 Construction, Inc.
Base Bid
Alternate Bid
$12,697.50
$14,074.00
$19,970.00
$23,810.00
$24,321.18
$22,397.53
$28,104.00
$24,342.00
$31,480.00
$32,493.00
$44,175.00
$27,932.00
$48,799.00
$29,056.80
Staff reviewed the bid package submitted by the lowest bidder, CLA Construction and
Engineering, Inc., and encountered the following issues:
1. CLA Construction and Engineering, Inc. (CLA) does not currently hold a valid state
contractor's license required to construct the project.
2. CLA's bid package submittal was incomplete.
3. CLA was not able to provide enough references for projects they have constructed in the
past that are similar to this project.
Staff has verified the references and contractor license status of the second lowest bidder,
Addscape, Inc. Its contractor license is current and past performance on jobs of similar size and
scope is satisfactory. The construction costs proposed by Addscape, Inc. are as follows:
Proposed Construction Cost
Original Base Bid $19,970.00
Alternate Bid $23,810.00
Contingency Amount (12 %) +$ 6,220.00
Total Proposed Construction Cost $50,000.00
Therefore, staff recommends that City Council award a standard public works contract to
Addscape, Inc. in the amount of $43,780.00 and authorize additional expenditures of up to
$6,220.00 for contingencies or additional sidewalk repairs for a total of $50,000.00.
••
2013 -2014 CURB, GUTTER, SMEWALK, AND OTHER CONCRETE
IMPROVEMENTS PROJECT
PROJECT NO. PW 13 -22
PROJECT LOCATIONS:
BASE BIDS:
1. El Segundo High School on Mariposa Avenue, E of cross walls at Standard Street
2. 850 Main Street
3. 745 Main Street
4. 840 Main Street
5. 807 Main Street
6. 811 Main Street
7. NE corner of Continental Boulevard and El Segundo Boulevard
8. SW corner of Douglas Street and Park Place
ALTERNATE BIDS:
Al. 904 Main Street
A2. 950 Main Street
A3. 955 Main Street
A4. 935 Main Street
A5. 519 E. Maple Avenue on Washington Street
A6. 812 Center Street
A7. 1038 E. Imperial Avenue
A8. 1122 E. Acacia Avenue
A9. - "600 Allied Way
Al 0. 2100 E. Grand Avenue
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EL SEGUNDO CITY COUNCIL MEETING DATE: May 6, 2014
AGENDA STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action to adopt a resolution pursuant to Public Contracts Code
§20168 finding that an emergency existed within the City, ratifying the action of the City
Manager and authorizing the City Manager to approve a contract in a form approved by
the City Attorney with Empire Building to remove debris in the attic space of City Hall
without the need for bidding in accordance with Public Contracts Code §§ 20168 and
22050 and El Segundo Municipal Code ( "ESMC ")§ 1 -7 -12 and 1 -7A -4 and find that the
project is exempt from review under the California Environmental Quality Act as an
emergency repair. (Fiscal Impact: $82,354.00)
RECOMMENDED COUNCIL ACTION:
(1) Adopt a Resolution finding that an emergency exists and waive bidding
requirements pursuant to Public Contracts Code §§ 20168 and 22050 and ESMC §§
1 -7 -12 and 1 -7A -4;
(2) Authorize the City Manager to execute a maintenance contract with prevailing
wages, in a form approved by the City Attorney, to Empire Building for the removal
of fallen debris in the attic space of City Hall;
(3) Find that the project is exempt from review under the California Environmental
Quality Act of 1970, as amended, Public Resources Code section 21000 et seq.
( "CEQA ") pursuant to Section 15269, subdivision (a) of the CEQA Guidelines;
and/;or.
(4) Alternatively, discuss and take other possible action related to this item
ATTACHED SUPPORTING DOCUMENTS:
Resolution
Declaration of Emergency
FISCAL IMPACT: Included in Adopted Budget
Amount Budgeted: $82,354.00
Additional Appropriation: No
Account Number(s): 405- 400 - 0000 -6215 (Facilities Maintenance: Repairs and
Maintenance)
ORIGINATED BY: Stephanie Katsouleas, Director of Public Work
REVIEWED BY: Stephanie Katsouleas, Director of Public Works
APPROVED BY: Greg Carpenter, City Manager,
73
i
BACKGROUND AND DISCUSSION:
On May 21, 2013, City Council awarded a project to J. Cab and Sons to replace the roof at City
Hall. After the discovery of asbestos and subsequent remediation, the Contractor was issued a
notice to proceed on February 3, 2014 and shortly thereafter began the first phase of tear off at
the western end of the building above the City Manager's and Finance Offices. It was
subsequently discovered that the roof sub -floor was comprised of 1" x 6" slats rather than 4' x 8'
shear panels, resulting in sawdust and other debris falling through the slat gaps into the attic area
of the ceiling during tear -off. Some that debris also fell through the ceiling tiles and directly on
to workstations, tables and the carpet. As work progressed toward the eastern and southern
sections of City Hall, the roof composition changed to a tar and gravel buildup with the same
type of 1" x 6" slat sub -floor. During the tear -off of these sections, more and heavier tar and
gravel debris fell through the gaps in the slats and onto workstations, tables and the carpet. At
this time, a significant amount of cleaning of the attic space for nearly all of City Hall must be
completed to prevent further debris from falling through the ceiling tiles and creating an unsafe
work environment.
Staff feels that this creates an emergency situation because the workstations are at continued risk
of falling debris. Additionally, the Planning and Building Department has been displaced to the
Emergency Operations Center (EOC), making it unavailable for use should another emergency
occur. However, before they can return, the threat of falling debris must be mitigated as quickly
as possible. As it currently stands, the EOC could not effectively be utilized as an emergency
center due to being occupied by Building and Planning staff.
Ordinarily, the Public Contracts Code ( "PCC ") requires formal bidding for all public works
projects. PCC § 20168, however, allows the City Council to adopt a resolution by four -fifths
vote "declaring that the public interest and necessity demand the immediate expenditure of
public money to safeguard life, health or property." Pursuant to this section and PCC § 22050,
the City Council may by -pass bidding requirements ordinarily required under the PCC. An
"emergency" is defined as "a sudden, unexpected occurrence that poses a clear and imminent
danger, requiring immediate action to prevent or mitigate the loss or impairment of life, health,
property, or essential public services."
Here, there is an imminent danger to public health and safety for several reasons including,
without limitation: (1) the threat of additional falling debris on staff, which is already on the
ceiling tiles in City Hall and (2) the unavailability of the EOC during an unforeseen emergency
or event.
The project is exempt from review under the California Environmental Quality Act of 1970, as
amended, Public Resources Code section 21000 et seq. ( "CEQA ") pursuant to Section 15269,
subdivision (a) of the CEQA Guidelines because replacing the boiler was an emergency repair to
a public facility necessary to maintain service essential to the public, health and welfare.
Therefore, staff recommends that City Council adopt the attached resolution declaring the
cleaning of the attic space in City Hall an emergency, ratifying the City Manager's actions to
authorize its cleaning, approving a contract with Empire Building and finding that the project is
exempt from CEQA review as an emergency project.
74
RESOLUTION NO.
A RESOLUTION ADOPTED PURSUANT TO PUBLIC
CONTRACTS CODE § 20168 FINDING THAT AN
EMERGENCY EXISTS WITHIN THE CITY AND
AUTHORIZING CONTRACTING WITHOUT THE NEED FOR
BIDDING PURSUANT TO § 22050 AND El SEGUNDO
MUNICIPAL CODE §§ 1 -7 -12 and 1 -7A-4 AND FINDING
THAT THE PROJECT IS EXEMPT FROM REVIEW UNDER
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT AS AN
EMERGENCY REPAIR.
The City Council does resolve as follows:
SECTION 1: The City Council finds and declares as follows:
A. Pursuant to Public Contracts Code ( "PCC ") § 20168, the City Council may,
upon a four -fifths vote, declare that public interest and necessity demand
the immediate expenditure of public money to safeguard life, health, or
property because of an emergency.
B. In accordance with PCC §§ 20168 and 22050, the City Council may repair
or replace a public facility, take any directly related and immediate action
required by that emergency, and procure the necessary equipment,
services, and supplies for those purposes, without giving notice for bids to
let contracts.
C. A roofing project, located within the public facility identified as City Hall
resulted in debris falling through the roofing sub -floor and into the attic
space of the building. Subsequently, some of that debris, including tar
and gravel, has fallen through the ceiling tiles and onto work stations,
carpets and tables, creating an unsafe work environment and
necessitating the relocation of many City Hall staff. The debris must be
mitigated before the Planning and Building Safety and Human Resources
staff can return to their routine work stations.
D. In compliance with applicable law, and to protect public, health, safety and
welfare, the City Manager is taking immediate emergency action to
remove the debris in accordance with El Segundo Municipal Code
( "ESMC ") §§ 1 -7 -12 and 1 -7A -4 and has reported his actions to the City
Council.
E. The fallen roofing debris constitutes a sudden, unexpected occurrence
that posed a clear and imminent danger to the City property, its citizens,
and employees. This threat required immediate action to prevent or
mitigate the loss or impairment of essential public services.
F. Under such emergency conditions, the City Council finds that the delay
Resolution No.
Page 1 of 3
75
resulting from public bidding would have imperiled essential public
services.
G. The project is exempt from review under the California Environmental
Quality Act of 1970, as amended, Public Resources Code section 21000
et seq. ( "CEQA ") pursuant to CEQA Guidelines § 15269(a) because the
fallen debris - related emergency repair to this public facility is necessary to
maintain service essential to the public, health and welfare.
SECTION 2: In light of the emergency described above, the City Council ratifies the
actions of the City Manager to take all steps necessary to protect public health, safety
and welfare including, without limitation, awarding contracts in accordance with PCC §
22050 and ESMC §§ 1 -7A -4 and and 1 -7A -4.
SECTION 3: This Resolution will become effective immediately upon adoption and
remain effective unless superseded by a subsequent resolution.
PASSED AND ADOPTED this 6th day of May, 2014.
APPROVED AS TO FORM:
Mark D. Hensley, City Attorney
Karl H. Berger, Assistant City Attorney
Suzanne Fuentes, Mayor
Resolution No.
Page 2 of 3
76
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO )
I, Tracy Weaver, City Clerk of the City of El Segundo, California, DO HEREBY
CERTIFY that the whole number of members of the City Council of the said City is five;
that the foregoing resolution, being RESOLUTION NO. was duly passed and
adopted by the said City Council, approved and signed by the Mayor of said City, and
attested by the City Clerk of said City, all at a regular meeting of the said Council held
on the day of 2014, and the same was so passed and
adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTENTION:
NOT PARTICIPATING:
WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this day of
, 2014.
Tracy Weaver, City Clerk
Of the City of El Segundo,
California
(SEAL)
Resolution No.
Page 3 of 3
77
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The City Manager finds:
CITY OF EL SEGUNDO
City Manager's Office
DECLARATION OF EMERGENCY
That conditions of extreme peril to the safety of persons and property arose within the
City of El Segundo, caused by the falling debris in the attic space of City Hall resulting
from the Roof Replacement Project. These conditions required an immediate response
to remove the debris from the attic space in City Hall.
These conditions of extreme peril warrant and necessitated the proclamation of the
existence of a local emergency with regard to the fallen debris in the attic space of City
Hall.
Accordingly, pursuant to § 1 -7;'�Jin f the El Segundo Municipal Code, a local emergency
is proclaimed to have existed the g#y of El Segundo on April 21, 2014,
City Wnager,
Date/Time
EL SEGUNDO CITY COUNCIL MEETING DATE: May 6, 2014
AGENDA STATEMENT AGENDA READING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action to reject the lowest bidder and to award a standard
Public Works Contract to Addscape, Inc., for Community Development Block Grant
(CDBG) Project 601608 -13, "Installation of American with Disabilities Act (ADA)
Sidewalk Ramp Project." Project No. PW 13 -14 (Fiscal Impact: $44,275.00 in CDBG
grant funds)
RECOMMENDED COUNCIL ACTION:
1. Reject the bid from CLA Construction and Engineering, Inc. as non - responsive.
2. Authorize the City Manager to execute a standard Public Works Contract, in a form
approved by the City Attorney, with Addscape, Inc. in the amount of $38,500.00.
3. Alternatively, discuss and take other possible actions related to this item.
ATTACHED SUPPORTING DOCUMENTS:
Location Map
FISCAL IMPACT: Included in Adopted Budget
Amount Budgeted: $44,275.00
Additional Appropriation: No
Account Number(s): 111 - 400 - 2781 -8499 (Community Development Block Grant:
Capital Projects)
ORIGINATED BY: Arianne Bola, Senior Engineer Associate R�
REVIEWED BY: Stephanie Katsouleas, Public Works Director
APPROVED BY: Greg Carpenter, City Manager,
BACKGROUND AND DISCUSSION:
The City of El Segundo qualifies each year for the Federal Community Development Block
Grant (CDBG) funding program. The program funds local community development projects that
meet national objectives,' which includes the installation of disabled curb ramps. The City's
specific project includes installation of new ADA ramps at eleven (11) locations within the City
(see attached location map).
On June 18, 2013, the City Council adopted the plans and specifications for Project No. PW 13-
14, ADA Ramp Installation Project, CDBG Project 601608 -13, and authorized staff to advertise
for receipt of construction bids. Six (6) locations were specified under the base bid items and the
remaining five (5) were under the alternate bid items. This approach was used to ensure that the
highest priorities were funded while still allowing adjustments for additional work based on bid
rates
' National objectives include projects that benefit low and moderate income persons, address slums or blight and/or
meet a particular urgent community development need. 79
A bid opening was held on January 28, 2014. No bids were received. On February 6, 2014 the
project was re -bid and a second Notice Inviting Bids was advertised. On March 11, 2014, the
City Clerk received and opened six (6) bids as listed:
1. CLA Construction and Engineering, Inc.
2. Addscape, Inc.
3. El Camino Construction and Engineering
4. Kalban, Inc.
5. Rojas Construction
6. Omega Contractors
Base Bid
Alternate Bid
$16,080.00
$13,400.00
$21,000.00
$17,500.00
$26,280.00
$21,900.00
$31,824.00
$26,520.00
$40,500.00
$46,000.00
$58,800.00
$49,000.00
Staff reviewed the bid package submitted by the lowest bidder, CLA Construction and
Engineering, Inc., and encountered the following issues:
1. CLA Construction and Engineering, Inc. (CLA) does not currently hold a valid state
contractor's license required to construct the project.
2. CIA's submitted bid package was incomplete.
3. CLA was notable to provide enough references for similar projects they have constructed
in the past.
Staff has verified the references and contractor license status of the second lowest bidder,
Addscape, Inc. Their contractor license is current and their past performance on jobs of similar
size and scope is satisfactory. The construction costs proposed by Addscape, Inc. are as follows:
Proposed Construction Cost
Original Base Bid $21,000.00
Alternate Bid $17,500.00
Contin enc Amount 15°/4 + 5,775.00
Total Proposed Construction Cost $44,275.00
Therefore, staff recommends that City Council 1) approve an appropriation from the CDBG
Block Grant Fund and 2) award a standard public works contract to Addscape, Inc. in the amount
of $38,500.00 and authorize additional an additional contingency of $5,775.00 (15 %) for
potential change orders and unforeseen conditions. Community Development Block Grant
(CDBG) funds from Program Year 2013 -2014 in the amount of $44,275.00 will support
implementation of this project.
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EL SEGUNDO CITY COUNCIL MEETING DATE: May 6, 2014
AGENDA STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action regarding 1) Approval of a resolution establishing a
revised salary schedule for certain part-time classifications in order to comply with the
minimum wage increase effective July 1, 2014. (Fiscal Impact: Estimated $609 for upcoming
year)
RECOMMENDED COUNCIL ACTION:
1. Approve the attached resolution.
2. Alternatively, discuss and take other action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
1. Resolution
FISCAL IMPACT: $609
Amount Budgeted: Existing Recreation Division budget for part-time salaries
Additional Appropriation: $609
Account Number(s): 001 - 400 -5202 -4102
ORIGINATED BY: Lisa Jenkins, Senior Human Resources Analyst`
REVIEWED BY: Martha Dijkstra, Director of Ihi n Resourcesk
APPROVED BY: Greg Carpenter, City Manager
BACKGROUND AND DISCUSSION:
Per Assembly Bill 10 (AB 10), the minimum wage in California will increase from $8.00 per hour to
$9.00 per hour effective July 1, 2014.
There are three part-time, unrepresented classifications in the City which contain hourly rates below
the new minimum wage of $9.00 per hour: Recreation Leader I, Video Technician I, and Library
Page. In order to comply with the upcoming minimum wage increase, Staff is recommending the
removal of Steps A and B of the range to which these classifications are assigned (Range "2pt ") and
keeping the existing rates for Steps C, D, and E. Employees who are currently allocated to Step A
($8.16 per hour) or B ($8.57 per hour) will be reassigned to Step C ($9.00 per hour) by personnel
action effective July 1, 2014. The cost of this adjustment will be absorbed in the existing budget for
part-time Recreation staff.
Minimum wage will be raised again on January 1, 2016 to $10.00 per hour. Staff will return to
Council for approval of future adjustments as the effective date approaches.
10
RESOLUTION NO.
A RESOLUTION ESTABLISHING A REVISED
SALARY RANGE FOR THE CITY'S UNREPRESENTED PART -TIME
HOURLY JOB CLASSIFICATIONS OF RECREATION LEADER I, VIDEO
TECHNICIAN I, AND LIBRARY PAGE
The City Council of the City of El Segundo does resolve as follows:
SECTION 1: The City Council approves the following basic hourly salary range:
Step A Step B Step C Step D Step E
Recreation Leader I N/A N/A $9.00 $9.45 $9.92
Video Technician I
Library Page
Range 2pt
SECTION 2: This resolution will become effective July 1, 2014 and will remain effective
unless repealed or superseded.
SECTION 3: The City Clerk will certify to the passage and adoption of this Resolution; will
enter the same in the book of original Resolutions of said City; and will make a minute of
the passage and adoption thereof in the record of proceedings of the City Council of said
City, in the minutes of the meeting at which the same is passed and adopted.
PASSED AND ADOPTED this day of
Suzanne Fuentes
Mayor
ATTEST:
Tracy Weaver, City Clerk
APPROVED AS TO FORM:
Mark Hensley, City Attorney
.2014.
EL SEGUNDO CITY COUNCIL
AGENDA STATEMENT
AGENDA DESCRIPTION:
MEETING DATE: May 6, 2014
AGENDA HEADING: Consent Agenda
Consideration and possible action regarding authorization for the City of El Segundo to continue
participating in the Los Angeles Urban County Community Development Block Grant (CDBG)
Program for the next Urban County Qualification Period three -year cycle, effective July 1, 2015
through June 30, 2018. (Fiscal Impact: None)
RECOMMENDED COUNCIL ACTION:
1. Approve the City of El Segundo's continued participation in the Los Angeles Urban
County Community Development Block Grant (CDBG) Program, for the next three
year Urban County Qualification Period effective July 1, 2015 through June 30, 2018;
2. Adopt the Resolution authorizing the City Manager, as the Mayor's designee, to enter
into a three -year Cooperation Agreement between the City of El Segundo and the
County of Los Angeles Community Development Commission approving El
Segundo's continued participation in the Los Angeles Urban County Community
Development Block Grant (CDBG) Program approved as to form by the City Attorney;
execute four (4) copies of the Cooperation Agreement; and/or,
3. Alternatively, discuss and take other action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
1. Resolution Regarding Participation in Los Angeles Urban County Community
Development Block Grant Program
2. County of Los Angeles Community Development Block Grant and HOME
Investment Partnerships Program Participating City Cooperation Agreement
FISCAL IMPACT: None
Amount Budgeted:
Account Number(s):
ORIGINATED BY: Kimberly Christensen, AICP, Planning Manager l�
REVIEWED BY: Sam Lee, Director of Planning Building Safety
APPROVED BY: Greg Carpenter, City Manager
BACKGROUND AND DISCUSSION:
Each year, Community Development Block Grant (CDBG) funds are allocated to cities by the
Federal Housing and Urban Development Department (HUD) and administered through the Los
Angeles County Community Development Commission (CDC). Participating cities receive
funding based upon the total number of cities participating in the County's program, census
population counts, estimates of poverty, overcrowding and aged housing stock.
1 1
:11
Since 1986, the City of El Segundo has participated in the Los Angeles Urban County's CDBG
Program. The Los Angeles County Community Development Commission (CDC) administers
the Los Angeles County Community Development Block Grant (CDBG) Program. The County
CDBG Program operates on a three -year funding cycle. The current three -year funding cycle
will expire on June 30, 2015. In order to continue participation in the Urban County CDBG
Program, the City of El Segundo must execute a new Cooperation Agreement for the next three -
year funding cycle, effective July 1, 2015 through June 30, 2018.
Last year, the U.S. Department of Housing and Urban Development (HUD) introduced new
requirements for the Cooperation Agreement. The new requirements strengthen fair housing and
civil rights obligations required by the County and participating cities. Thus, the County has
requested that all participating cities sign new Cooperation Agreements this year for the next
Urban County Qualification Period, which will begin on July 1, 2015 and end on June 30, 2018,
with an automatic renewal thereafter for a period of three- years.
The City receives approximately $55,000 annually in CDBG funds. Over the past years, these
funds have supported removal of architectural /physical impediments [Americans with
Disabilities Act (ADA)] along city streets to ease mobility and accessibility for El Segundo
disabled and senior adults. The City's ongoing participation in the Los Angeles Urban County
CDBG Program ensures that these CDBG - eligible ADA- accessible projects continue
uninterrupted.
Recommendation
Staff recommends that, in order to continue participation in the Urban County CDBG Program,
the El Segundo City Council adopt the Resolution authorizing the City Manager, as the Mayor's
Designee, to sign four (4) copies of the, "County of Los Angeles Community Development
Block Grant and HOME Investment Partnerships Program Participating City Cooperation
Agreement" for the next three -year Urban County Qualification Period beginning July 1, 2015
through June 30, 2018.
P:\Planning & Building Safety \0 Planning - New \CDBG\2014 -2015 CDBG PROGRAM\2015 2018 CDBG 3 YR COOP
AGREE\2014.05.06 CDBG CC mtg Coop Agreement 2015_2018
2
85
RESOLUTION NO.
A RESOLUTION APPROVING PARTICIPATION IN THE LOS
ANGELES URBAN COUNTY COMMUNITY DEVELOPMENT BLOCK
GRANT PROGRAM BY AUTHORIZING THE MAYOR, OR HIS/HER
DESIGNEE TO SIGN A COOPERATION AGREEMENT WITH THE
COUNTY OF LOS ANGELES
BE IT RESOLVED by the Council of the City of El Segundo as follows:
SECTION 1: The City Council finds and declares as follows:
A. The City of El Segundo desires to continue its participation in the Los Angeles Urban
County Community Development Block Grant (CDBG) Program for the qualification
period beginning July 1, 2015;
B. The City of El Segundo authorizes the execution of a Cooperation Agreement with
the County of Los Angeles in order to receive said CDBG funds;
C. It is in the public interest to enter into an Agreement with Los Angeles County as
described in this Resolution.
SECTION 2: The City Council adopts and approves the County of Los Angeles Participating
City Cooperation Agreement between the City of El Segundo and the County of Los Angeles for
the time period of July 1, 2015 through June 30, 2018 and self - renewing thereafter.
SECTION 3: The City Manager is authorized to execute any required documents to enter into an
Agreement with Los Angeles County as described in this Resolution.
SECTION 3: This Resolution will become effective immediately upon adoption.
PASSED AND ADOPTED this day of , 2014.
Mayor
-1-
:•
CERTIFICATION
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO 1
I, Tracy Weaver, City Clerk of the City of El Segundo, California, DO HEREBY CERTIFY that
the whole number of members of the City Council of the said City is five; that the foregoing
resolution, being RESOLUTION NO. was duly passed and adopted by the said City
Council, approved and signed by the Mayor of said City, and attested by the City Clerk of said
City, all at a regular meeting of the said Council held on the day of
2014, and the same was so passed and adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Tracy Weaver, City Clerk
APPROVED AS TO FORM:
Mark D. Hensley, City Attorney
By:
Karl H. Berger,
Assistant City Attorney
PA\Planning & Building Safety \0 Planning - New \CDBG\2014 -2015 CDBG PROGRAM \2015_2018 CDBG 3 YR COOP
AGREE\2014.05.06 CDBG 3yr Coop Agr.reso.2015_2018
-2-
i
COUNTY OF LOS ANGELES
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
HOME INVESTMENT PARTNERSHIPS PROGRAMS
PARTICIPATING CITY
COOPERATION AGREEMENT
This Agreement is being entered into on this day of May 2014, to be effective on
the 1St day of July 2015, by and between the City of El Segundo, hereinafter referred to as
"City," and the County of Los Angeles, by and through the Executive Director of the
Community Development Commission of the County, hereinafter referred to as "County" and
shall remain in effect for the three -year qualification period through the 30th day of June 2018.
After this date, this Agreement provides for automatic renewal of participation in successive
three -year qualification periods, unless the County or the City provides written notice it elects
not to participate in a new qualification period.
WITNESSETH THAT:
WHEREAS, in 1974, the U.S. Congress enacted and the President signed a law entitled,
the Housing and Community Development Act of 1974, as amended, herein called the "Act;"
and
WHEREAS, County and City desire to cooperate to undertake, or assist in undertaking,
community development, community renewal of lower income housing assistance activities,
specifically urban renewal and publicly assisted housing, including, but not limited to, the
improvement or development of housing for persons of low- to moderate - incomes, and other
community or urban renewal activities authorized by the Act, the Cranston - Gonzalez National
Affordable Housing Act (NAHA), and the U.S. Housing Act of 1937, as amended;
WHEREAS, the Community Development Block Grant (CDBG) Program, the HOME
Investment Partnerships (HOME) Program, and the Emergency Solutions Grant (ESG) Program
are required to have an approved comprehensive housing strategy as authorized under NAHA;
WHEREAS, the County has requested of the U.S. Department of Housing and Urban
Development, hereinafter referred to as "HUD," that the County be designated as an "Urban
County;"
WHEREAS, the City desires to participate with the County in said program;
WHEREAS, as the Urban County designee, the County will take responsibility and
assume all obligations of an applicant under federal statutes, including: the analysis of needs, the
setting of objectives, the development of community development and housing assistance plans,
the consolidated plan, and the assurances of certifications;
WHEREAS, the terms and provisions of this Agreement are fully authorized under State
and local law, and this Agreement provides full legal authority for the County, by and through its
agents and instrumentalities including the Housing Authority of the County of Los Angeles and
the Community Development Commission of the County of Los Angeles, herein referred as
"County," to undertake, or assist in undertaking, essential community development and housing
assistance activities, specifically urban renewal and publicly assisted housing; and
Revised 03/2014
88
WHEREAS, by executing this Agreement, the parties hereby give notice of the intention
to participate in the Urban County CDBG Program.
NOW, THEREFORE, the parties agree as follows:
The City hereby authorizes the County to perform, or cause to be performed,
those acts necessary or appropriate to implement the community development and
housing assistance activities, specifically urban renewal and publicly assisted
housing, including, but not limited to, improvement or development of housing
for persons of low- to moderate - income, and other community or urban renewal
activities authorized under the Act specified for the City in the County's
Consolidated Plan which will be funded from annual CDBG and applicable
HOME Programs from Federal annual appropriations and from any program
income generated from the expenditure of such funds. County shall have final
authority and responsibility for selecting projects and annually filing its Final
Housing and Community Development Plan with HUD.
In the event this Agreement extends into succeeding fiscal years and funds have
not been appropriated, this Agreement will automatically terminate as of June 30
of the then current fiscal year. The County will endeavor to notify the City in
writing within ten (10) days of receipt of non - appropriation notice.
2. This Agreement covers the following formula funding programs administered by
HUD where the County is awarded and accepts funding directly from HUD: The
CDBG Entitlement Program and the HOME Program.
In executing this Agreement, the City understands that it shall not be eligible to
apply for grants under the Small Cites or State CDBG Programs for
appropriations for fiscal years during the period in which the City is participating
in the Urban County CDBG entitlement program; and further, the City shall not
be eligible to participate in the HOME and ESG programs except through the
Urban County.
4. The City may participate in a HOME Program only through the County. Thus,
even if the County does not receive a HOME formula allocation, the City cannot
form a HOME consortium with other local governments.
The term of this Agreement shall commence on July 1, 2015, the beginning date
of this new Urban County Qualification Period, which will end on June 30, 2018.
After this three (3) year Qualification Period ends, this Agreement will
automatically renew for another period of three (3) years, unless the City provides
written notice at least 60 days prior to the end of the term that it elects not to
participate in a new qualification period. A copy of that notice must be sent to the
HUD Field Office. Before the end of the first three -year term, the County will
notify the City in writing of its right not to participate in the Urban County for a
successive three -year term.
The parties agree to adopt amendments to this Agreement incorporating changes
necessary to meet the requirements for cooperation agreements set forth in the
Urban County Qualification Notice by HUD, prior to the subsequent three -year
Revised 03/2014
89
extension of the term. Any amendment to this Agreement shall be submitted to
HUD as required by the regulations and any failure to adopt required amendments
will void the automatic renewal of the Agreement for the subsequent three -year
term.
6. This Agreement shall be effective for the period of time required for the
expenditure of all CDBG and /or applicable HOME funds allocated to the City
under this Agreement and appropriations from any program income therefrom and
for the completion of the funded activities. The County and City agree that they
cannot terminate or withdraw from this Agreement while it remains in effect.
The City and the County agree to cooperate to undertake, or assist in undertaking,
community development, community renewal and lower income housing
assistance activities, specifically urban renewal and publicly assisted housing,
including, but not limited to, the improvement or development of housing for
persons of low- to moderate - incomes, and other community or urban renewal
activities authorized by the Act.
The City and the County in the performance of this Agreement shall take all
actions necessary or appropriate to assure compliance with the County's
certification required by Section 104 (b) of Title I of the Act, as amended,
including the provisions of the National Environmental Policy Act of 1969, Title
VI of the Civil Rights Act of 1964, Title VIII of the Civil Rights Act of 1968,
Section 109 of Title I of the Act, which incorporates Section 504 of the
Rehabilitation Act of 1973, the Age Discrimination Act of 1975, affirmatively
furthering fair housing, Section 3 of the Housing and Urban Development Act of
1968, the Fair Housing Act, the Act, and all other applicable laws and regulations.
7. The City and County agree that CDBG and HOME funding is prohibited for any
activities in or in support of any cooperating City that do not affirmatively further
fair housing within its own jurisdiction or that impede the County's action to
comply with its fair housing certification.
8. Pursuant to 24 CFR 570.501 (b), the City is subject to all requirements applicable
to subrecipients, including the requirement of a written agreement as set forth in
24 CFR 570.503.
9. The City shall report to the County of any income generated by the use of CDBG
or HOME funds received by the City. Any such program income must be
remitted to the County within 30 days of receipt if applicable. Such program
income may be used for eligible activities in accordance with all CDBG and
HOME requirements as may then apply.
10. The County shall be responsible for monitoring and reporting to HUD on the use
of any program income; therefore, the City shall be required to maintain
appropriate record keeping and reporting for this purpose.
11. In the event of grant close -out or termination of this Agreement, any program
income that is on hand or received subsequent to the close -out or change in status
shall be paid to the County within 60 days after grant closeout.
Revised 03/2014
90
12. All program income generated from the disposition or transfer of real property
acquired or improved by the City, using CDBG and /or HOME funds or program
income, during the term of this Agreement, shall be subject to all the terms and
conditions of this Agreement, particularly Sections 6 through 11.
13. Any real property which is acquired or improved by the City during the term of
this Agreement, in whole or in part, using CDBG and /or HOME funds or program
income in excess of $25,000, shall be subject to the following standards:
a. The County shall be notified by the City in writing of any modification or
change in the use or disposition of such real property from that planned at
the time of the acquisition or improvement. Such notification shall be
made prior to the modification, change in use or disposition.
b. If such real property is sold within five (5) years or transferred for a use
which does not qualify as an eligible activity under CDBG and /or HOME
regulations, the City shall reimburse to the County an amount equal to the
pro -rata share of the current fair market value of the property or proceeds
from the sales. The pro -rata share shall be calculated by multiplying the
current market value by the percentage of the purchase price paid with
CDBG funds or program income.
14. The City shall make available for inspection and audit to County's and HUD's
representatives, upon request, at any time during the duration of this Agreement
and for a period of five (5) years, thereafter, all of its books and records relating to
CDBG and HOME program activities and income.
15. Following the end of the three -year reimbursable contract period and after
resolving any financial or programmatic findings, if a City elects to leave the Los
Angeles County Grant Program, and is not eligible to become an entitlement City,
the City will be unable to request that its allocation or any remaining balance be
transferred to the City. Any remaining balance will be transferred to the funding
pool of the Supervisorial District in which the City is located.
16. The City has adopted and is enforcing:
a. A policy prohibiting the use of excessive force by law enforcement
agencies within its jurisdiction against any individuals engaged in non-
violent civil rights demonstrations; and
b. A policy of enforcing applicable State and local laws against physically
barring entrance to or exit from a facility or location which is the subject
of such non - violent civil rights demonstrations within its jurisdiction.
17. The City shall or shall continue to provide a drug -free workplace by:
a. Publishing a statement notifying employees that the unlawful
manufacture, distribution, dispensing, possession, or use of a controlled
substance is prohibited in the City's workplace and specifying the actions
that will be taken against employees for violation of such prohibition.
Revised 03/2014
91
b. Establishing an ongoing drug -free awareness program to inform
employees about:
The dangers of drug abuse in the workplace;
ii The City's policy of maintaining a drug -free workplace;
iii Any available drug counseling, rehabilitation, and employee
assistance programs; and
iv The penalties that may be imposed upon employees for drug abuse
violations occurring in the workplace.
C. Making it a requirement that each employee to be engaged in the
performance of the grant be given a copy of the statement required by
paragraph "a" of this Section 17.
d. Notifying the employee in the statement required by paragraph "a" of this
Section 17 that, as a condition of employment funded by the CDBG and /or
HOME grant, the employee will:
i Abide by the terms of the statement; and
ii Notify the City in writing of his or her conviction for a violation of
a criminal drug statute occurring in the workplace no later than
five (5) calendar days after such conviction.
e. Notifying the County in writing, within ten (10) calendar days after
receiving notice under subparagraph d(ii) of this Section 17 from an
employee or otherwise receiving actual notice of any such conviction; and
the City must provide written notice, including position or title, of any
City employees convicted of any criminal drug statute to every County
officer or other designee who processed a CDBG or HOME grant which
funded any activity on which the convicted employee was working, unless
HUD has designated an identification number(s) of each affected grant.
f. Taking one (1) of the following actions, within thirty (30) calendar days of
receiving notice under subparagraph d(ii) of this Section 17, with respect
to any employee who is so convicted:
Taking appropriate personnel action against such an employee, up
to and including termination, consistent with the requirements of
the Rehabilitation Act of 1973, as amended; or
ii Requiring such employee to participate satisfactorily in a drug
abuse assistance or rehabilitation program approved for such
purpose by a federal, State, local health, law enforcement, or other
appropriate agency.
g. Making a good faith effort to continue to maintain a drug -free workplace
through implementation of paragraphs a, b, c, d, e, and f, of this Section
17.
Revised 03/2014
92
IN WITNESS WHEREOF, the Board of Supervisors of the County of Los Angeles has
caused this Agreement to be subscribed by the Executive Director of the Community
Development Commission of the County of Los Angeles, and the City has subscribed the same
through its duly authorized officers, on the day, month, and year first above written.
County Counsel Certification
The office of the County Counsel hereby certifies that the terms and provisions of this
Agreement are fully authorized under State and local laws, and that the Agreement provides full
legal authority for the County to undertake or assist in undertaking essential community
development and housing assistance activities, specifically urban renewal and public assisted
housing.
IN
Deputy County Counsel
COUNTY OF LOS ANGELES
Ulm
SEAN ROGAN, Executive Director
Community Development Commission
of the County of Los Angeles
ATTEST:
City Clerk
By
Tracy Weaver
APPROVED AS TO FORM:
JOHN F. KRATTLI
County Counsel
By
Deputy
Date
CITY OF EL SEGUNDO
.0
GREG CARPENTER
City Manager
APPROVED AS TO FORM:
MARK D. HENSLEY
City Attorney
By
Karl H. Berger,
ASSISTANT CITY ATTORNEY
Revised 03/2014
93
EL SEGUNDO CITY COUNCIL MEETING DATE: May 5, 2014
AGENDA STATEMENT AGENDA HEADING: Consent Calendar
AGENDA DESCRIPTION:
Consideration and possible action regarding the approval of a Second Amendment to a
Professional Services Agreement with RBF Consulting, to increase the contract amount to
provide environmental review services pursuant to the California Environmental Quality Act
(CEQA) for the Raytheon El Segundo South Campus Specific Plan Project. (Fiscal Impact: up
to $598,721 Developer Reimbursed Trust Fund)
RECOMMENDED COUNCIL ACTION:
1. Approve a budget appropriation of up to $598,721 to provide environmental review services;
2. Authorize the City Manager to execute a Second Amendment to a Professional Service
Agreement for environmental review services approved as to form by the City Attorney in an
amount not to exceed $598,721; and /or;
3. Alternatively, discuss and take other possible action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
1. RBF Consulting Revised Costs for Preparation of an Environmental Impact Report
2. RBF Consulting Revised Proposal for Preparation of an Environmental Impact Report
for the Raytheon El Segundo South Campus Specific Plan Project.
FISCAL IMPACT: $598,721
Amount Budgeted: N/A
Additional Appropriation: $598,721
Account Number(s): Developer Reimbursed Trust Fund to be established for this
prod ect
i
ORIGINATED BY: Kimberly Christensen, AICP, Planning Manager
REVIEWED BY: Sam Lee, Director of Planning d Building Safe #y
APPROVED BY: Greg Carpenter, City Manager
BACKGROUND AND DISCUSSION:
The City Council previously directed Planning and Building Safety staff to obtain Council
approval on any planning consulting services contracts over $200,000 for the preparation of the
necessary environmental review pursuant to the California Environmental Quality Act (CEQA).
Planning Division staff seeks approval to enter into a second amendment to an existing
professional services agreement for CEQA review of the Raytheon El Segundo South Campus
Specific Plan Project.
The required environmental review is for a proposed Specific Plan for the 142.28 acre Raytheon
12
94
site located south of El Segundo Boulevard generally between South Sepulveda Boulevard and
South Douglas Street. The proposed project is for a Specific Plan to allow the property to be
built out to a.6 floor area ratio (FAR). The proposed project would allow for up to an additional
1,843,630 net square feet of development in addition to the existing 1,874,591 net square feet of
development on the campus site. The project entitlements will include a General Plan
Amendment, General Plan Map Amendment, Zone Change, Zone Text Amendment and Specific
Plan. The project would also include a Development Agreement and a Vesting Tentative Tract
Map to divide the property into 24 parcels.
The consultant was asked to prepare a budget based upon the preparation of an Environmental
Impact Report (EIR). The size, scope, and complexity of this project necessitated extensive
consultation with other responsible agencies that review and provide input to environmental
documents. This project has required extensive consultation with Caltrans and Metro in
particular as well as surrounding agencies due to the complexity of the traffic analysis because
the project has multiple phases and the Specific Plan provides flexibility in the range of uses, the
timing of construction, and the order in which uses are constructed. The applicant has also
chosen to request additional site sensitivity analysis regarding the timing of some mitigation
measures that is normally outside the mandatory scope of CEQA analysis. As a result, these
optional tasks and the additional analysis that has been necessary has added time and cost to the
project. The amendment of the existing agreement and additional cost is necessary in order to
complete the processing of this project. Staff anticipates releasing the draft EIR for this project
for public comment by early summer. The first amendment was to extend the term of the
contract.
The applicant is responsible for reimbursing the city for all costs pursuant to an existing
reimbursement agreement between the applicant and the City.
Recommendation
The Planning and Building Safety Department requests that the Council: 1) approve a budget
appropriation of $598,721 from a developer funded trust account for planning consulting
services; and 2) authorize the City Manager to execute a Second Amendment to a Professional
Services Agreement with RBF Consulting in a form approved by the City Attorney, for a
combined total not to exceed $598,721.
P:\Planning & Building Safety \0 Planning - Old\PROJECTS (Planning) \901- 925\EA- 905\EIR Contract\2014 05 06 WC Report Raytheon
Professional Services Agreement Amendment.doc
95
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UPDATED WORK PROGRAM AND BUDGET
FOR CONSULTING SERVICES
Raytheon El Segundo
South Campus Specific Plan
Environmental Impact Report
and Design Review Services
Prepared for:
City of El Segundo
Submitted by:
RBF Consulting
February 13, 2013
97
TABLE OF CONTENTS
Scopeof Work .......................................................................................................... ..............................1
1.0 Project Scoping........ ....... ........................................ . ........ _-- .................................. 1
1.1 Project Kick -Off and Project Characteristics ................................ ..............................1
1.2 Research and Investigation ........................................................... ..............................1
1.3 Agency Consultation ..................................................................... ..............................1
1.4 Preparation of the Initial Study ...................................................... ..............................1
1.5 Notice of Preparation .................................................................... ........... ... ................2
1.6 Scoping Meeting ....................................................... ............. ...................... ................ 2
2.0 Preparation of Administrative Draft EIR ............................ ......................... ..............................2
2.1
Introduction and Purpose .............................................................. ..............................2
2.2
Executive Summary ..................................................................... ...............................
2
2.3
Project Description ........ .. ..................................... .................... ... ... ...-.........................
3
2.4
Thresholds of Significance ............................................................. ..............................3
2.5
Cumulative Projects /Analysis ....................................................... ..............................3
2.6
Environmental Analysis ................................................................. ..............................3
2.7
Growth Inducement ...................................................................... .............................16
2.8
Alternatives to the Proposed Action ............................................. .............................17
2.9
Mitigation Monitoring and Reporting Program ............................. .............................17
2.10
Additional Sections.... ................................................................................................
17
3.0 Draft EIR ...................._............................................--.--.............................. .............................17
3.1 Preliminary Draft EIR ................................................................... .............................17
3.2 Completion of the Draft EIR ......................................................... .............................18
4.0 Final Environmental Impact Report .......................................................... .............................18
4.1 Response to Comments .............................................................. .............................18
4.2 Final EIR ....................................................................................... ....................,........18
4.3 Findings and Statement of Overriding Considerations ..... .......... .............................18
5.0 Project Coordination and Meetings ........................................................... .............................18
5.1 Public Notices ............................................................................... ............. ................18
5.2 Environmental Review Coordination ........................................... .............................19
5.3 Environmental Review Meetings .................................................. .............................19
6.0 Environmental Deliverables ....................................................................... .............................20
7.0 Design Review Services ............................................................................ .............................21
7.1 Meetings /Coordination with City Staff .......................................... .............................21
7.2 Specific Plan and Site Plan Review ............................................. .............................21
7.3 Design Review Memorandum ..................................................... ... ... .......................22
8.0 Project Support Services ........................................................................... .............................22
8.1 Project Meetings ............................................................................ ............................22
8.2 Project Coordination ..................................................................... .............................22
8.3 Specific Plan Preparation/ Assistance .......................................... .............................23
8.4 Traffic Sensitivity Analysis ......................... ............................. .. ...... ... ...................23
9.0 Contingency.................................... .... ... ................. ................................................. ...........24
II. CEQA Schedule .................. .... ............................................................................................................. 25
III. Statement of Financial Conditions .......................................................................... .............................26
Iv. Budget .................................................................................................................... .............................28
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City of El Segundo
Raytheon El Segundo South Campus Specific Plan
Environmental Impact Report and Specific Plan Services
1. SCOPE OF WORK
The following Scope of Work has been prepared based upon information received by RBF
Consulting. The cost estimate, which is itemized according to task and issue, is included in Section
IV of this proposal.
1.0 PROJECT SCOPING
1.1 PROJECT KICK -OFF AND PROJECT CHARACTERISTICS (COMPLETED)
The EIR work program will be initiated with a kick -off meeting with City Staff to discuss the project in
greater detail. This initial meeting is vital to the success of the CEQA process and will be a key
milestone in order to confirm the parameters of the analysis, the details of construction proposed
buildout conditions, scheduling and overall communications. Prior to the kick -off, RBF will distribute
a kick -off meeting agenda and detailed memorandum, which will identify information needs. Based
upon the detailed project information obtained at the project kick -off meeting, RBF will draft a
preliminary project description for review and approval by City Staff.
1.2 RESEARCH AND INVESTIGATION (COMPLETED)
RBF will obtain and review available referenced data for the project area, including policy
documentation from the City of El Segundo, County of Los Angeles, State and Federal agencies, the
Southern California Association of Governments and all other agencies which may be affected by the
Project. This information, along with environmental data and information available from the City and
other nearby jurisdictions, will become part of the foundation of the EIR and will be reviewed and
incorporated into the analysis, as deemed appropriate. This task includes a visit to the project area,
which will include a detailed photographic recording of on- and off -site conditions.
1.3 AGENCY CONSULTATION (COMPLETED)
As indicated in Section 15083 of the CEQA Guidelines, many public agencies have found that early
consultation solves many potential conflicts that could arise in more serious forms later in the review
process. Although the Notice of Preparation and Public Scoping Meeting will provide that
opportunity, RBF will conduct additional discussions with local, state and federal agencies which will
assist in the early stages of the analysis and issue delineation. This scoping can be an effective way
to bring together and resolve the concerns of affected Federal, State and local agencies as well as
the local community.
1.4 PREPARATION OF THE INITIAL STUDY (COMPLETED)
The Initial Study will include detailed explanations of all checklist determinations and discussions of
potential environmental impacts. The analysis will be prepared in accordance with Public Resources
Code Section 21080(c) and CEQA Guidelines Section 15070. The Initial Study will be structured in
the same format as Appendix G of the CEQA Guidelines. The Initial Study will contain a description
of the Project, the Project location, and a description of the environmental setting. The main body of
the document will consist of a City- approved environmental checklist and an accompanying
environmental analysis. This section will denote the appropriate CEQA action based upon the
Environmental Checklist /Environmental Analysis.
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Raytheon El Segundo South Campus Specific Plan
Environmental Impact Report and Specific Plan Services
The Project will be analyzed for the potential to create significant environmental impacts in the areas
specified on the City's approved environmental checklist. The Initial Study will also include
mandatory findings of significance, long -term versus short-term goals, cumulative impacts, and direct
and indirect impacts upon human beings.
1.5 NOTICE OF PREPARATION (COMPLETED)
RBF will prepare, distribute and file the Notice of Preparation (NOP) for the EIR. A Draft NOP will be
prepared and forwarded to City Staff for review and comment. RBF will then finalize the NOP for
distribution. The distribution will be based on a City- approved distribution list to be provided by City
staff. This task includes certified mailing of approximately fifty (50) notices to affected agencies and
interested parties. Comments received in response to the NOP will be evaluated during the
preparation of the EIR.
1.6 SCOPING MEETING (COMPLETED)
A public scoping meeting, which can also involve Federal, State or other local agencies, will be
scheduled during the NOP public review period, in order that the community can gain an
understanding of the proposed project and provide comments on environmental concerns. The
Scoping Meeting will orient the community on the CEQA review process and will be presented in a
manner which the community can gain a greater understanding of the proposal, intent of CEQA and
the key issue areas to be addressed in the EIR. RBF will provide a PowerPoint presentation,
handouts and presentation -size graphics to supplement the discussion. Following the presentation,
the meeting will be devoted to public participation, questions and comments. Written comment
forms will be provided for this purpose, and these comments, along with oral comments, will become
a part of the administrative record.
2.0 PREPARATION OF ADMINISTRATIVE DRAFT EIR
2.1 INTRODUCTION AND PURPOSE
The Introduction will cite the provisions of CEQA, the CEQA Guidelines, and the City of El Segundo
CEQA Implementation procedures for which the proposed project is subject. This section will identify
the purpose of the study and statutory authority as well document scoping procedures, summary of
the EIR format, listing of responsible and trustee agencies and documentation incorporated by
reference.
2.2 EXECUTIVE SUMMARY
The Executive Summary will include a Project Summary, an overview of project impacts, mitigation
and levels of significance after mitigation, summary of project alternatives and areas of controversy
and issues to be resolved. The Environmental Summary will be presented in a columnar format.
2.3 PROJECT DESCRIPTION
The Project Description section of this EIR will detail the project location, background and history of
the project, discretionary actions, characteristics (addressed in Task 1.1), goals and objectives,
construction program, phasing, agreements, and required permits and approvals that are required
based on available information. This section will include a summary of the Project's local
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environmental setting for the project. Exhibits depicting the regional and site vicinity will be included
in this section.
2.4 THRESHOLDS OF SIGNIFICANCE
This section will provide a comprehensive description of thresholds of significance for each issue
area of the environmental analysis. The significance threshold criteria will be described and will
provide the basis for conclusions of significance. Primary sources to be used in identifying the
criteria include the CEQA Guidelines, local, State, Federal or other standards applicable to an impact
category.
2.5 CUMULATIVE PROJECTS /ANALYSIS (PARTIALLY COMPLETED)
In accordance with Section 15130 of the CEQA Guidelines, the EIR will include a section providing a
detailed listing of cumulative projects and actions under consideration for the analysis. The
likelihood of occurrence and level of severity will be studied. The purpose of the section is to present
a listing and description of projects, past, present and anticipated in the reasonably foreseeable
future, even if those projects are outside of El Segundo's jurisdiction. The potential for impact and
levels of significance are contingent upon the radius or area of interaction with the project area. RBF
will consult with City staff and other applicable local jurisdictions to define the appropriate study area
for the cumulative analysis. The cumulative analysis for each topical area will be incorporated
throughout the analysis in Section 2.6.
2.6 ENVIRONMENTAL ANALYSIS
RBF will evaluate the necessary information with respect to the existing conditions, the potential
adverse effects of Project implementation (both individual and cumulative), and measures to mitigate
such effects. Environmental issues raised during the scoping process (Notice of Preparation
responses, Public Scoping Meeting, and any other relevant and valid informative sources) will also
be evaluated. The analyses will be based upon all available data, results from additional research,
and an assessment of existing technical data. These analyses will be performed by qualified
Environmental Analysts, CEQA experts and Planners at RBF.
The Environmental Analysis section of the EIR will thoroughly discuss the existing conditions for
each environmental issue area, identify short-term construction and long -term operational impacts
associated with the project and their levels of significance. The impact analysis will be in a
consistent order of environmental factors as Appendix G of the CEQA Guidelines (Aesthetics,
Agricultural, Air Quality, etc.). For each Environmental Factor Analysis Section, the Impacts
Subsection will begin with a list of all issues contained in the Initial Study. The thresholds for
significance shall be identified for every environmental issue. A brief discussion will be provided for
all environmental issues determined to be No Impact or Less Than Significant Impact in the Initial
Study, explaining why these determinations were made and that no further analysis in the EIR is
warranted. The Impact Subsection will provide a detailed analysis of each issue determined to be
Less Than Significant With Mitigation incorporated or Potentially Significant Impact in the same order
as these issues are provided in the Initial Study. For each environmental issue requiring EIR
analysis, the EIR will state the level of significance as determined in the Initial Study, and then
provide the analysis discussion, mitigation measures specific to this environmental issue, and level
of significance after mitigation for that environmental issue. This section will include analysis forthe
following environmental issue areas:
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A. Air Quality
City of El Segundo
Raytheon El Segundo South Campus Specific Plan
Environmental Impact Report and Specific Plan Services
RBF's air quality staff will provide a thorough and complete assessment of the Project's air quality
impacts. The proposed Project would result in demolition, construction, and operational - related
emissions of air pollutants. In recognition of the need to provide a comprehensive evaluation of the
project's impacts on air quality, RBF's Air Quality Analysis will quantify project emissions and identify
mitigation measures to reduce potentially significant air quality impacts to the extent feasible. RBF's
analysis will primarily follow guidance contained in the South Coast Air Quality Management District
(SCAQMD) CEQA Air Quality Handbook. RBF's scope of work for the air quality review includes the
following:
Existing Conditions. The project is located within the South Coast Air Basin (SCAB), which is under
the jurisdiction of the South Coast Air Quality Management District (SCAQMD). RBF will describe
the meteorological conditions and discuss ambient air monitoring data collected at the nearest
monitoring station which is located at the Los Angeles International Airport. A description of the
regulatory framework relating to air quality (i.e., California Clean Air Act, Air Quality Management
Plan, etc.) will also be provided.
Standards and Conditions. A summary of the relevant policies, rules, and regulations from the U.S.
Environmental Protection Agency (EPA), the California Air Resources Board (CARB), and the
SCAQMD will be provided.
Sensitive Reports. An overview of the nature and location of existing sensitive receptors will be
provided. The sensitive receptors would include, but not be limited to residences, schools and
churches in the project vicinity.
Demolition /Construction- Related Emissions. Emissions generated due to demolition and
construction activities will be quantified. A general description of the major phases of construction
and their timing will be required. The air pollutant emissions during demolition and construction will
be compared to the SCAQMD Regional and Local Significance Thresholds. RBF will also
qualitatively discuss naturally occurring asbestos impacts.
Operational Air Emissions. RBF will quantify operational emissions then provide a comparison to the
SCAQMD regional thresholds of significance. The emissions will be quantitatively derived utilizing
the EMFAC2007 and URBEMIS2007 models. Primary sources of emissions will be related to area
sources and local /regional vehicle miles traveled. Project consistency with the SCAQMD's 2007Air
Quality Management Plan for the South Coast Air Basin will be evaluated.
Localized Emissions. Consistent with the SCAQMD environmental justice program and Localized
Significance Threshold (LST) methodologies, RBF will identify impacts using SCAQMD's localized
thresholds or the Ambient Air Quality Standards. RBF will identify mitigation measures, if necessary,
to reduce emissions to less than significant levels. Should project traffic warrant Carbon Monoxide
Hotspot modeling, RBF will model intersections utilizing the BREEZE ROADS model. The analysis
will be consistent with the Transportation Project -Level Carbon Monoxide Protocol, prepared by the
Institute of Transportation Studies at the University of California, Davis.
B. Drainage and Water Quality (PARTIALLY COMPLETED)
This task assumes that technical analysis related to drainage and water quality impacts would be
prepared by the Project Applicant. RBF's in -house stormwater specialists will perform a peer review
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Raytheon El Segundo South Campus Specific Plan
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of the Applicant's studies for technical accuracy, consistency with applicable standards, and
defensibility. RBF will review the reports to ensure that the studies contain a review of existing
documentation, watershed boundary delineation, existing conditions analysis, analysis of proposed
hydrology, analysis of proposed drainage facilities, floodplain impacts, water quality impacts (WQMP)
and NPDES requirements.
This scope includes two rounds of peer review of the hydrology and water quality study and two
comment memos based on the review. After the first round of peer review, a second round would be
performed in order to confirm that initial comments were adequately addressed.
Utilizing the finalized drainage and water quality reports, this impact section will address changes in
absorption rates, drainage patterns, storm drain improvement, and downstream affects. RBF will
also evaluate water quality conditions and identify water quality ( NPDES) techniques /structures in
accordance with local, State and Federal requirements. The potential for the project to degrade
water quality, interfere with groundwater recharge or expose people to water related hazards will be
identified.
C. Geology and Solls (PARTIALLY COMPLETED)
Geologist D. Scott Magorien will undertake an EIR -level geotechnical investigation for the project.
The March 8, 2011 Proposal (Section 2.6.C, Geology and Soils) included a scope of work and
budget for Mr. Magorien to conduct a technical peer review of an Applicant - prepared geotechnical
document. The Proposal also included as an optional task a scope of work and budget for D. Scott
Magorien to undertake an EIR -level geotechnical investigation (Section 8.1, Geology and Soils
Technical Review).
The following geotechnical /other documents were provided by the City /Applicant for D. Scott
Magorien's review:
• Geotechnical Investigation Proposed Three Potential Building Sites (including Plates and
Tables), Rybak Inc., December 14, 2005.
• Sepulveda /Rosecrans Site Rezoning and Plaza El Segundo Development Draft EIR,
Christopher A. Joseph & Associates, October 2004:
- Section IV.E, Geology and Soils, and
- Appendix G, Geology Reports.
• Conceptual Grading Engineering Analysis.
• Preliminary Project Description.
• Tentative Tract Map Scan, April 17, 2012.
• Conceptual Site Master Plan, December 4, 2012.
Mr. Magorien reviewed the documents outlined above in order to assess the adequacy of the
consultant's evaluation of site - specific geologic hazards and potentially significant geotechnical
constraints. The review was also intended to determine whether these documents were sufficient to
conduct a program -level site - specific EIR analysis and whether additional field research (i.e., site
borings) would be needed for the EIR.
Based on his review of the available data, Mr. Magorien concluded that the data was not sufficient to
support a program -level site - specific EIR analysis and its necessary conclusions. Therefore, an EIR -
level geotechnical investigation was determined to be warranted. Mr. Magorien also concluded that
additional field research (i.e., site borings) were not needed for the EIR. Mr. Magorien's analysis will
include the following:
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Raytheon El Segundo South Campus Specific Plan
Environmental Impact Report and Specific Plan Services
• A review of relevant geologic /soils data, color aerial photographs, as well as contacting the
City and County Emergency Management Agency to request records of geotechnical reports
associated with construction of the existing building, and the adjacent developments;
• A review of the most recent grading plan;
• Geotechnical engineering analyses of all data collected /generated during the course of this
study; and
• Preparation of a written EIR -level report addressing geology, soils and seismicity.
The finalized report would be utilized by RBF to support the conclusions within the EIR. The impact
section will provide a description of existing conditions, potential project impacts and hazards, and
applicable mitigation measures, if necessary.
D. Greenhouse Gas Analysis /Climate Change
RBF has developed proprietary models for quantifying and analyzing greenhouse gases (GHG) from
a variety of direct and indirect sources including construction, vehicular traffic, electricity
consumption, water conveyance, and sewage treatment. RBF's analyses recommend innovative
greenhouse gas /air pollutant reduction methods during the construction and operation of a project,
conduct advanced air dispersion modeling, evaluate the potential impacts of air pollutants on
surrounding areas, investigate the use of renewable energy sources /energy efficient products, and
quantify the benefits of resource conservation (i.e., electricity usage, recycling, etc.). The following
outlines RBF's Climate Change Analysis for the proposed project:
Emissions Inventory. RBF will review the land use data associated with the Specific Plan and will
prepare an inventory of the greenhouse emissions (i.e., nitrous oxide, methane, and carbon dioxide)
from both direct and indirect sources. The emissions inventory will be compiled consistent with the
methodology prescribed by the California Air Resources Board (CARB) in the Local Government
Operations Protocol for the Quantification and Reporting of Greenhouse Gas Emissions Inventories.
The analysis will determine the project's impact by determining if it is consistent with the Assembly
Bill 32 mandate of reducing GHG's by approximately 29 percent beyond "Business as Usual"
conditions. The GHG reduction associated with the Specific Plan's design features will be quantified
utilizing the California Air Pollution Control Officers Association (CAPCOA) methodology (Quantifying
Greenhouse Gas Mitigation Measures — A Resource for Local Government to Assess Emission
Reductions from Greenhouse Gas Mitigation Measures [September 2010]).
Energy Conservation. RBF will analyze the energy implications of the project pursuant to Public
Resources Code Section 21100(b)(3) and Appendix F of the CEQA Guidelines. These statutes and
guidelines require CEQA compliance documentation to describe, where relevant, the wasteful,
inefficient, and unnecessary consumption of energy caused by a project. The analysis will analyze
energy consumption associated with short-term construction activities, long -term operations,
buildings, and transportation. Additionally, the assessment of environmental impacts on energy
resources will include mitigation measures to reduce inefficient and unnecessary consumption of
energy.
E. Hazardous Materials
RBF will prepare a Preliminary Hazardous Materials Assessment (Assessment) for the approximate
143 -acre Raytheon El Segundo Project Site. The objectives of the Assessment are to: (1) evaluate
the potential for hazardous materials on the site based upon readily discernible and /or documented
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present and historic on -site uses and uses immediately adjacent to the site, and (2) generally
characterize the expected nature of hazardous materials that may be present as a result of such
uses, within the limits imposed by the scope of the Assessment. Materials that may constitute a
hazardous waste include, but are not limited to petroleum products, pesticides, organic compounds,
heavy metals, or other compounds injurious to human health and the environment. This Assessment
is not intended to provide specific qualitative or quantitative information as to the actual presence of
hazardous materials at the site, but will identify the potential presence based on available
information.
The purpose of this Assessment is to support the Environmental Documentation for the proposed
project, in general accordance with the California Environmental Quality Act (CEQA). This
Assessment is not considered a Phase I Environmental Site Assessment (ESA) and does not satisfy
the requirements for the American Society for Testing and Materials (ASTM) Standard Practice E
1527 -05 or All Appropriate Inquiry. Should the Client require a Phase I ESA for lending purposes or
require the purchase of new property as part of the proposed project, RBF can provide a follow -up
scope of work, as requested.
To achieve the objectives of this Assessment, RBF will conduct this Assessment, in general
accordance with CEQA, to provide preliminary conclusions relative to site conditions. The scope of
this Assessment includes the CEQA Thresholds specifically pertaining to hazardous materials, which
include the following:
• Create a significant hazard to the public or the environment through the routine transport,
use, or disposal of hazardous materials;
• Create a significant hazard to the public or the environment through reasonably foreseeable
upset and accident conditions involving the release of hazardous materials into the
environment;
• Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances
or waste within one - quarter mile of an existing or proposed school; and /or
• Be located on a site included on a list of hazardous material sites compiled pursuant to
Government Code Section 65962.5 and, as a result, would create a significant hazard to the
public or the environment.
The Assessment will be designed to document past activities, facilities, and /or waste disposal
practices, which may have resulted in soil or groundwater contamination. Past site usage will be
investigated through an aerial photograph review, interviews, review of former permits, review of
documents on file with applicable agencies, and research of former citations from State and local
agencies. Current site conditions will be documented by an on -site inspection of the project area.
Also, a review of the commercial database summaries, provided by Environmental Data Resources,
Inc. (EDR), regarding public agency records will be included. Regulatory sites within and
surrounding the project area will be mapped within a one -mile radius. Potential hazardous materials
conditions within the project site will be considered based on the EDR database search.
RBF will utilize the above referenced research to analyze potential project - related impacts, as they
pertain to hazardous materials per the CEQA thresholds outlined above. Should a potentially
significant impact arise, RBF will recommend mitigation measures to reduce these impacts to the
extent feasible. RBF will also conclude any significant and unavoidable impacts that may result, if
any.
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F. Land Use and Relevant Planning
In accordance with the City's 1983 specification requiring preparation of a Specific Plan, the project
applicant proposes the El Segundo South Campus Specific Plan. Approval of the Specific Plan
would allow the property to be built up to the permitted 0.6:1 FAR, or an additional 1,843,630 square
feet including office, warehousing, light industrial, and retail. Additionally, the project involves
relocating the existing private recreational facilities, a commercial gym and a jogging track.
The proposed project entitlements include a General Plan (Land Use Element) Amendment, in order
to incorporate the Specific Plan, and a General Plan Land Use Map Amendment, in order to
redesignate the site from Light Industrial to El Segundo South Campus Specific Plan. Pursuant to
ESZC Section 15 -26 -1, amendments to the provisions of Title 15 may be undertaken by amending
the Zoning Map or revising the text of the Zoning Title. Accordingly, the project proposes to amend
the Zoning Map (i.e., a Zone Change), in order to rezone the site from M -1, O -S, and P -F to El
Segundo South Campus Specific Plan. Additionally, the project proposes to revise the text of the
Zoning Title (i.e., a Zone Text Amendment), in order to incorporate the Specific Plan text. In
accordance with ELZC Section 15 -3 -2, Specific Plan Zones, the El Segundo South Campus Specific
Plan, if adopted, would function as the zoning code for the property. The project also proposes a
Development Agreement and a Vesting Tentative Tract Map, in order to divide the property into 24
parcels.
The Land Use and Relevant Planning analysis will establish baseline land use data, including
existing land uses both on- and off -site, and will identify the relevant land use regulations. This
section will also analyze the El Segundo South Campus Specific Plan for consistency with the El
Segundo General Plan and Zoning Code policies and regulations, given the intended uses and
existing entitlements for the property, as well as any pertinent deed restrictions. This section will
also include an analysis of the project's proposed land uses as outlined in Specific Plan Section IV
(Land Use) and a determination of their compatibility with existing and planned uses/ improvements
in the local area. This analysis will consider the surrounding properties, which are zoned Corporate
Office (C -O), Urban Mixed Use North (MU -N) and P -F Zones to the north, M -1 Zone to the east and
south, and O -S and P -F Zones to the west. The review will recommend, as necessary, modifications
to the proposed policies, guidelines, and standards specified in Specific Plan Section V, in order to
mitigate potential impacts and incompatibilities. In addition, the regional planning review will include
consistency with the SCAG Regional Comprehensive Plan and Guide Policies.
G. Noise
RBF's in -house acoustical team will conduct the noise analysis. Although the site is situated within a
high -level noise environment, the short-term demolition, construction and ultimate buildout may
affect uses in the local area. In consideration of sensitive receptors in the vicinity, the scope of work
is as follows:
Existing Conditions. RBF will review applicable noise and land use compatibility criteria for the project
area. Noise standards regulating noise impacts in the noise standards for the City of El Segundo will be
discussed for land uses on and adjacent to the project site. RBF will conduct a site visit and take short-
term noise level measurements throughout the project area. Noise monitoring equipment will consist of
BrOel & Kja:r model 2250 sound level meter (SLM) equipped with Bruel & Kjoer pre - polarized freefield
microphone. The results of the noise measurements will be post - processed and graphically illustrated
with the Bruel & Kjarr Noise Explorer software. The noise monitoring survey will include short-term
measurements at up to four separate locations to establish baseline noise levels in the project area.
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Demolition /Construction- Related Noise. Demolition /construction would occur during implementation
of the proposed project. The construction noise impacts will be evaluated in terms of maximum
levels (Lma),) and hourly equivalent continuous noise levels (L,Q) and the frequency of occurrence.
Analysis requirements will be based on the sensitivity of the area and the Noise Ordinance
specifications of the City of El Segundo. The traffic noise levels from construction workers accessing
the site will be qualitatively evaluated.
Operational Noise Sources. Potential effects of stationary noise sources will be evaluated based on
local land use compatibility standards. Compliance with applicable noise standards will be
evaluated, with recommended mitigation measures included where appropriate.
The proposed project is anticipated to generate vehicular traffic trips from future growth. On- and
off -site noise impacts from vehicular traffic will be assessed using the U.S. Federal Highway Traffic
Noise Prediction Model (FHWA -RD -77 -108). The analysis will focus on noise impacts associated
with the development of the proposed project. Model input data will include average daily traffic
volumes, day /night percentages of autos, medium and heavy trucks, vehicle speeds, ground
attenuation factors, and roadway widths. The 24 -hour weighted Community Noise Equivalent Levels
(CNEL) will be presented in a tabular format. Traffic parameters necessary for the model input will
be obtained from the traffic impact analysis.
H. Public Services and Utilities
RBF will contact potentially affected agencies to confirm relevant existing conditions, project impacts
and recommended mitigation measures. The discussion will focus on the potential alteration of
existing facilities, extension or expansion of new facilities and the increased demand on services
based on the proposed land uses. RBF will evaluate the ability of the project to receive adequate
service based on applicable City and County standards and, where adequate services are not
available, will identify the effects of inadequate service and recommended mitigation measures.
Issues discussed include:
Public Services:
Solid Waste. Solid waste generation resulting from the proposed uses may impact landfill
capacities. The analysis will establish baseline projections for solid waste, including composting
and recycling for both construction and operation of the project. Project's compliance with AB
939 will also be addressed.
Fire. The overall need for Fire Services would potentially increase beyond existing conditions as
a result of the project. The Fire Services review will include a review of existing
services /facilities in the area, response times to the sites (which includes hazardous material
responses to emergencies), available fire flow, project impacts and required mitigation.
Police. The Police Service review will focus upon response times to the site, available personnel
and overall protection services. The overall need for police protection services would increase
beyond existing conditions as a result of the project. Mitigation incorporated into the project
design, including lighting, signage and security hardware to further reduce potential crime activity
will be identified.
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Schools. Potential impacts to schools focusing on existing conditions, student capacities,
current enrollment and facility locations. Generation rates resulting from the project will be the
basis for the impact analysis. Mitigation measures will be provided to reduce the significance of
impacts.
Parks and Recreation. The review will include overall parkland conditions in the City and impacts
which the project may have on the City park system. Potential impacts will be identified with
mitigation to reduce the significance of impacts.
Public Utilities:
Water. Based upon technical information provided by the City, existing capacities and
deficiencies will be addressed. The on -site potable and non - potable water system conditions will
be presented. Off -site potable and non - potable water storage, pumping and transmission
facilities will be studied. Refer to Task 2.6J regarding the proposed Water Supply Assessment.
Sewer. Based upon technical information provided by the City, existing capacities and
deficiencies will be addressed. Major off -site sewer conveyance, treatment and disposal will be
presented. Project generation, infrastructure connections, easement modifications and upgrades
to the existing system will be studied.
Electrical. Existing facilities, project impacts, infrastructure relocation, undergrounding of
overhead lines, easements and necessary mitigation.
Telephone. Existing facilities, project impacts, infrastructure relocated, undergrounding of
overhead lines, easements and necessary.
Gas. Existing facilities, project impacts, infrastructure relocation, easements and necessary
mitigation.
Roadway Maintenance. The proposed project may incrementally increase the maintenance of
streets, storm drains, and other below surface facilities. RBF will consult with the project team
and City Public Works Division to ascertain key concerns /impacts due to increased utilization of
area roads.
I. Traffic and Circulation (PARTIALLY COMPLETED)
RBF will prepare a traffic impact analysis for the proposed Raytheon El Segundo South Campus
project. The traffic study will assess the impacts of the proposed project by analyzing forecast trip
generation, distribution, and assignment of the proposed project on the study area circulation
system. As necessary, mitigation measures for identified project - generated traffic impacts will be
recommended in accordance with applicable agency performance criteria and thresholds of
significance. This scope of work is based discussions with City staff and RBF transportation staffs
familiarity with the City of El Segundo and the project site.
Study Conditions. Based on discussions with City staff, the traffic analysis will identify traffic
operations under the following scenarios:
Existing Conditions;
Forecast Near -Term Year Without Project Conditions;
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• Forecast Near -Term Year With Phase 1 Project Conditions;
• Forecast Near -Term Year With Project Buildout Conditions;
• Forecast Long -Range Without Project Conditions; and
• Forecast Long -Range With Project Buildout Conditions.
Study Area. The proposed project could generate approximately 20,000 average daily trips, which
would include approximately 2,500 peak hour trips during both the a.m. peak hour and the p.m. peak
hour. Therefore, as part of the analysis, RBF will count the following 67 study intersections during
the a.m. peak period (7:00 a.m. to 9:00 a.m.) and the p.m. peak period (4:00 p.m. to 6:00 p.m.) on a
typical weekday identified by City staff:
• Pershing Drive /Imperial Highway;
• Vista Del Mar /Grand Avenue;
• Vista Del Mar /Rosecrans Avenue;
• Main Street /Grand Avenue;
• Lomita Street /Grand Avenue;
• Kansas Street /Grand Avenue;
• Sepulveda Boulevard (SR -1) /Lincoln Boulevard;
• Sepulveda Boulevard (SR -1) /Century Boulevard;
• Sepulveda Boulevard (SR -1)/1 -105 Westbound Off -Ramp;
• Sepulveda Boulevard (SR -1) /Imperial Highway;
• Sepulveda Boulevard (SR -1) /Walnut Avenue;
• Sepulveda Boulevard (SR -1) /Maple Avenue;
• Sepulveda Boulevard (SR -1) /Mariposa Avenue;
• Sepulveda Boulevard (SR -1) /Grand Avenue;
• Sepulveda Boulevard (SR -1) /EI Segundo Boulevard;
• Sepulveda Boulevard (SR -1) /Hughes Way;
• Sepulveda Boulevard (SR -1) /Park Place;
• Sepulveda Boulevard (SR -1) /Rosecrans Avenue;
• Sepulveda Boulevard (SR- 1)/33rd Street;
• Sepulveda Boulevard (SR -1) /Marine Avenue;
• Sepulveda Boulevard (SR- 1)/18th Street;
• Sepulveda Boulevard (SR -1) /Manhattan Beach Boulevard;
• Hughes Way /Imperial Highway;
• Continental Boulevard /Mariposa Boulevard;
• Continental Boulevard /Grand Avenue;
• Continental Boulevard/El Segundo Boulevard;
• Nash Street 1 -105 Westbound Offramp /Imperial Highway;
• Nash Street/Atwood Way;
• Nash Street /Maple Avenue;
• Nash Street/Mariposa Avenue;
• Nash Street/Grand Avenue;
• Nash Street/El Segundo Boulevard;
• 1 -105 Eastbound Onramp /Atwood Way;
• Douglas Street /Imperial Highway;
• Douglas Street /Atwood Way;
• Douglas Street/Maple Avenue;
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Raytheon El Segundo South Campus Specific Plan
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• Douglas Street/Mariposa Avenue;
• Douglas Street/El Segundo Boulevard;
• Douglas Street/Coral Circle North;
• Douglas Street /Coral Circle South;
• Douglas Street /Transit Center;
• Douglas Street/Rosecrans Avenue;
• Aviation Boulevard /Century Boulevard;
• Aviation Boulevard /104th Street;
• Aviation Boulevard /111th Street;
• Aviation Boulevard /Imperial Highway;
• Aviation Boulevard /116th Street;
• Aviation Boulevard /120th Street;
• Aviation Boulevard /124th Street;
• Aviation Boulevard/El Segundo Boulevard;
• Aviation Boulevard /Utah Avenue;
• Aviation Boulevard /Alaska Avenue;
• Aviation Boulevard /Rosecrans Avenue;
• Aviation Boulevard /33rd Street;
• Aviation Boulevard /Marine Avenue;
• Aviation Boulevard /Space Park Drive;
• Aviation Boulevard /Manhattan Beach Boulevard;
• Isis Avenue /Rosecrans Avenue;
• Hindry Avenue /Rosecrans Avenue;
• 1 -405 Southbound Offramp /Rosecrans Avenue (West);
• 1 -405 Southbound Offramps /Rosecrans Avenue;
• 1 -405 Northbound Ramps /Rosecrans Avenue;
• La Cienega Boulevard /Imperial Highway;
• La Cienega Boulevard /Southbound 1 -405 Ramps;
• La Cienega Boulevard/El Segundo Boulevard;
• 1 -405 Southbound Ramps/El Segundo Boulevard; and
• 1 -405 Northbound Ramps/El Segundo Boulevard.
This scope of work does not assume vehicle classification traffic count data collection, however
vehicle classification counts can be accommodated for a fee in addition to the fee associated with
this scope of work.
Since some study intersections are located outside of the City of El Segundo, the traffic analysis will
utilize applicable agency performance criteria and thresholds of significance as appropriate. Due to
the overlap of jurisdictions, some study intersections may be analyzed and subject to multiple
jurisdiction traffic impact review. Study intersections within the jurisdiction of Caltrans will be
analyzed in accordance with the Caltrans Guide for the Preparation of Traffic Impact Studies (State
of California Department of Transportation, December 2002).
Site Visit/Existing Systems Documentation. RBF will visit the study area to document existing
conditions including intersection control, traffic signal phasing, roadway cross - section, speed limits,
parking restrictions, intersection approach lanes, etc. The traffic analysis will include graphics
documenting the existing intersection roadway geometry, and the analysis will utilize existing
geometric conditions to establish a baseline for current operations.
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• City of El Segundo
_ Raytheon El Segundo South Campus Specific Plan
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Cumulative Projects Trip Generation, Distribution, and Assignment. RBF will coordinate with City of
El Segundo staff representatives to identify a list of approved /pending projects for inclusion in the
traffic impact analysis. The study will identify the number of daily and peak hour trips forecast to be
generated by approved /pending projects, using trip generation rates contained in Trip Generation
(Institute of Transportation Engineers, 9th Edition, 2012) or other source as directed by agency staff.
RBF will manually derive cumulative projects trip generation and assignment data, which will be
reviewed and approved by applicable agency staff for use in the analysis.
Proposed Proiect Trio Generation, Trip Distribution, and Assignment. The study will identify the
number of daily and peak hour trips forecast to be generated by the proposed project, using trip
generation rates contained in Trip Generation (Institute of Transportation Engineers, 9th Edition,
2012) or other source as directed by the City, including applicable on -site trip capture assumptions
between compatible land use components of the project, such as the office and retail uses, to reflect
the mixed use nature of the proposed project, as well as appropriate pass -by trip adjustments.
Assumptions regarding project trip generation will be reviewed and approved by City staff prior to
inclusion in the analysis.
The traffic study will provide a forecast distribution of project - generated trips, taking into account the
proposed modified roadway circulation system in order to connect Nash Street to Hughes Way,
which may include redistribution of non - projected generated trips as well as project generated trips.
The Phase 1 Project analysis scenario will not assume the Nash Street - Hughes Way connection.
Forecast project trip distribution and assignment will be based on available and applicable Southern
California Association of Governments (SCAG) traffic model projections which will be reviewed and
approved by applicable agency staff prior to utilization in the analysis.
Roadway Segment Counts. RBF will count up to 65 roadway segments during a 24 -hour period on a
typical weekday within the study area defined by the above identified study intersections.
Forecast Near -Term Year Traffic Volumes. Forecast near -term year traffic volumes will be based on
either specific cumulative projects traffic data supplied by agency staff, and /or by applying an annual
traffic growth rate provided by the agency staff to adjust existing traffic volumes to the designated
future horizon year. Forecast near -term year conditions will assume planned, programmed, and
funded circulation improvements identified by agency staff, anticipated for completion by the project
opening year.
Existing Plus Project. RBF will provide an "Existing Plus Project" conditions analysis scenario in light
of the recent Sunnyvale West Neighborhood Assn. v. City of Sunnyvale City Council, No. H035135
(6th Dist., December 16, 2010) decision; it is important to note the two largest cities in the
metropolitan area, Los Angeles and Long Beach, have recently mandated inclusion of an "Existing
Plus Project" analysis scenario in traffic impact analyses for projects under their jurisdiction.
Forecast Long -Range Year Traffic Volumes. Forecast long -term year traffic volumes will be based
on either specific cumulative projects traffic data supplied by agency staff, and /or by applying an
annual traffic growth rate provided by the agency staff to adjust existing traffic volumes to the
designated future long -range horizon year. Forecast long -range year conditions will assume
planned, programmed, and funded circulation improvements identified by agency staff, anticipated
for completion by the long -range horizon year.
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Level of Service. The analysis will assess the forecast traffic impacts of the proposed project during
the a.m. peak hour and p.m. peak hour at the 65 study intersections for the analysis scenarios
identified above. The analysis will document operation of the study intersections using both
Intersection Capacity Utilization (ICU) analysis methodology and the Highway Capacity Manual
(HCM) analysis methodology as directed by the City staff to identify potential project - related traffic
impacts. Intersection level of service analysis will be prepared using the TraffixTM software. If the
analysis indicates the proposed project will significantly impact the study intersections based on
agency thresholds of significance, mitigation measures will be recommended in accordance with
established agency performance criteria. The analysis will document forecast operating conditions
after implementation of recommended mitigation measures.
State Highway Analysis. The Caltrans traffic studies guide requires review of substantial individual
projects, which may on their own impact the State Highway transportation system. This State
Highway analysis will be prepared in accordance with the Caltrans Guide for the Preparation of
Traffic Impact Studies (State of California Department of Transportation, December 2002), assuming
the State Highway analysis study area will consist of only the State Highway intersections in the
study area. Study intersections will be analyzed as discussed in the Level of Service section above.
This scope of work assumes no freeway mainline or freeway ramp analysis is required.
The analysis will assess the forecast traffic impacts of the proposed project at the State Highway
study facilities for the peak hours and analysis scenarios identified above in the study scenarios
section. The analysis will document operation of the study intersections for the analysis scenarios to
identify potential project - related traffic impacts using the Highway Capacity Manual (HCM) 2000
analysis methodology.
If the State Highway analysis shows the proposed project will significantly impact a State Highway
facility based on Caltrans thresholds of significance, mitigation measures will be recommended in
accordance with Caltrans performance criteria. The analysis will also document forecast operating
conditions after application of any recommended mitigation measures.
Freeway Ramp Analysis. RBF will analyze and document the number of vehicles utilizing the
thirteen (13) study area freeway ramp locations as well as queuing operation of the study area
freeway ramps (vehicles waiting to transition from ramps to freeway segment /surface street),
including floating vehicles observations for a two -hour period in the a.m. and a two -hour period in the
p.m. for existing conditions and existing plus project conditions scenarios.
Freeway Mainline Analysis. RBF will analyze up to ten (10) freeway mainline segments for mainline
density, as well as merge /diverge for the analysis scenarios.
County Congestion Management Program Analysis. The analysis will analyze potential project
impacts as applicable as required by the County of Los Angeles Congestion Management Program
(CMP). The analysis will study those CMP intersections where the proposed project is forecast to
add 50 or more a.m. or p.m. peak hour trips. It is not possible to identify which CMP study
intersections will trigger the 50 peak hour trip threshold and therefore need to be studied. This scope
of work assumes the following 7 CMP study intersections, which are in addition to the 67 study
intersections identified by City staff (which include CMP intersections in the City of El Segundo as
well as some CMP intersections in the Cities of Los Angeles and Manhattan Beach) will be counted
and analyzed for all analysis scenarios:
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• Lincoln Boulevard (SR -1) /Manchester Avenue;
• Lincoln Boulevard (SR -1) /Sepulveda Boulevard;
• Sepulveda Boulevard /Manchester Avenue;
• Pacific Coast Highway (SR -1) /Artesia Boulevard (SR -91);
• Pacific Coast Highway (SR -1) /Torrance Boulevard;
• Hawthorne Boulevard (SR -107) /Pacific Coast Highway; and
• Hawthorne Boulevard (SR- 107) /Sepulveda Boulevard (SR -1).
If the CMP analysis shows the proposed project will significantly impact a CMP study facility based
on applicable CMP agency thresholds of significance, mitigation measures will be recommended in
accordance with applicable agency performance criteria.
Parking Analysis. RBF will prepare a parking analysis to determine whether the parking provided by
the proposed project adequately satisfies City of El Segundo municipal (parking) code. This scope of
work does not assume preparation of a share parking analysis.
Metro Green Line Mode Split Analysis. RBF will evaluate a trip mode split for the proposed project
taking into account potential site employee /visitor ridership of the Metro Green Line due to the
proximity of the El Segundo Metro Green Line Station at the northeast area of the project site. The
overall assumptions for this task will be reviewed with City staff for input, and therefore, are subject
to refinement. This scope of work assumes coordination with MTA staff on available future ridership
projections for the Green Line under both its current configuration as well as potential future
southerly extension in the South Bay and northerly extension (LAX /Crenshaw Line) as related to the
project site. Additionally, potential survey results provided by Raytheon of their employees to
determine the number /percent of their current employees utilizing the Metro Green Line El Segundo
Station could be used determine the proportion of future employees forecast to utilize the Metro
Green Line. The results of the mode split analysis would be utilized to reduce the forecast ITE
(vehicular) trip generation of the proposed project to account for utilization of the adjacent Metro
Green Line El Segundo Station.
Nash Street/Hughes Way Connection Analysis. RBF will determine when the Nash Street /Hughes
Way Connection is required in respect to mitigating traffic impacts on the roadway /intersection
system surrounding the project site due to incremental trip generation associated with either
construction of the proposed project or incremental square footage added on the project site as part
of the proposed project. The analysis will use applicable agency performance criteria & thresholds of
significance; along Sepulveda Boulevard (SR -1) applicable agency criteria would include the City of
El Segundo, Caltrans, and Los Angeles County (CMP). This scope of work assumes the Nash
Street /Hughes Way connection will be evaluated in the near - term /project opening year analysis
scenario baseline only.
J. Water Supply Assessment
RBF's Water Resources Department will prepare a Water Supply Assessment (WSA) in accordance
with Water Code 10910 and Senate Bill 610. The WSA will identify the existing and planned water
demands and supply sources for the Project study area. West Basin Municipal Water District
(WBMWD) is the wholesale water supplier for the City and the Project. As the City is a purveyor
customer of WBMWD, RBF assumes the City or the District will provide RBF with basic water supply
information, production data, and all pertinent Urban Water Management Planning information in final
format to satisfy the UWMP review requirements of SB 610. The following tasks have been
identified for the preparation of the WSA:
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Environmental Impact Report and Specific Plan Services
City/WBMWD Coordination and Documents Review. Coordination with the City will consist of a kick-
off meeting to gather the needed documents for review. RBF will coordinate WSA format and final
report submittal for City approval. RBF assumes Water Division or other City department will provide
the required water supply and billing records information. It is assumed Water Division or WBMWD
staff will provide a recently adopted Water Supply Assessment or other document describing
updated water supply information. This is crucial in order to be consistent with water supply planning
from project to project. RBF budget excludes any and all fees charged by the City of West Basin
Municipal Water District for their review and coordination.
Land Use and Water Demand Estimation. RBF assumes that the following will be provided: (1)
meter records to determine existing water demands of the Project study, or (2) existing land uses
and employee population within the Project study area. This will be used to identify existing water
demands. The provided land use plan will be used for determining Specific Plan water demands,
and for determining changed water demands from current conditions.
The Water Supply Assessment will be incorporated into the EIR in accordance with CEQA.
K. Water and Sewer Infrastructure Peer Review (PARTIALLY COMPLETED)
This task assumes that technical analysis related to water and sewer infrastructure would be
prepared by the applicant's civil engineer, Psomas Associates. RBF's in -house civil engineering
specialists will perform a peer review of Psomas' technical studies for accuracy and defensibility.
This scope includes two rounds of peer review. After the first round of peer review, a second round
will be performed in order to confirm that initial comments were adequately addressed.
RBF will develop Project- specific checklist of water and sewer issues to review, then provide
thorough review of Psomas' draft water and sewer study for the Raytheon Specific Plan. With an
understanding of the City's water supply concerns and water conservation requirements for the next
10 years, RBF will verify Psomas' inclusion of the potential chance, although remote, of a Chevron
pullout and what that could mean to off -site water transmission capacity and sewer conveyance
capacity. RBF will assume a cursory level of review of the City's overall water and sewer master
plans is necessary, and that Psomas will provide adequate consultation with City water and sewer
division operations staff to consider most recent updates of the City's water and sewer systems
performance. RBF will provide a technical memorandum, including Raytheon Project- specific
checklist results and discussion of additional recommendations, if any, for Psomas to include in the
technical analysis.
2.7 GROWTH INDUCEMENT
RBF will provide a project specific analysis update of potential growth- inducing impacts pursuant to
CEQA Guidelines Section 15126(g). The analysis in this section was based on data from the City of
El Segundo, California Department of Finance, and U.S. Census. The section discusses ways in
which the proposed project could foster economic or population growth, or the construction of
additional housing, either directly or indirectly, in the surrounding environment. The analysis
addresses growth- inducing impacts in terms of whether the project influences the rate, location, and
the amount of growth. Growth - inducing impacts are assessed based on the project's consistency
with adopted /proposed plans that have addressed growth management from a local and regional
standpoint. Potential growth- inducing impacts from the proposed development will be analyzed as
they relate to population, housing and employment factors.
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2.8 ALTERNATIVES TO THE PROPOSED ACTION
The range of Alternatives is expected to include the No Project, a reduced design, and one other
Alternative that may be considered through the Project Review process. Pursuant to CEQA
Guidelines Section 15126.6, RBF will provide an analysis of a "reasonable range" of alternatives,
comparing environmental impacts of each alternative in each impact area to the project. The
anticipated Alternatives would include the No Project, Alternative Site, Raytheon Only, a Reduced
Project and access at Corral Circle. For each alternative, RBF will provide a qualitative analysis,
which will include traffic, air quality, noise, infrastructure, land use and global climate change. The
Corral Circle Connection Alternative will include a quantitative traffic analysis evaluating traffic
conditions and potential traffic impacts assuming a vehicular connection is made between the project
site and Douglas Street via Coral Circle; the Coral Circle Connection Alternative will be prepared for
only the Forecast Long -Range With Project Buildout Conditions analysis scenario. One important
element of the Alternatives section will be an impact matrix which will offer a comparison of the
varying levels of impact of each alternative being analyzed. This matrixwill be prepared in a format
to allow decision - makers a reference that will be easily understood, while providing a calculated
(where feasible), accurate comparison of each alternative.
The alternatives section will conform to both amendments to Section 15126.6 of the CEQA
Guidelines and to recent and applicable court cases. RBF will discuss as required by the CEQA
Guidelines, the advantages and disadvantages of each alternative and the reasons for rejecting or
recommending the project alternatives stated. This alternatives section will culminate with the
selection of the environmentally superior alternative in accordance with CEQA requirements.
2.9 MITIGATION MONITORING AND REPORTING PROGRAM
To comply with the Public Resources Code Section 21081.6 (AB 32180), RBF will prepare a
Mitigation Monitoring and Reporting Program to be defined through working with City staff to identify
appropriate monitoring steps /procedures and in order to provide a basis for monitoring such
measures during and upon Project implementation.
The Mitigation Monitoring and Reporting Checklist will serve as the foundation of the Mitigation
Monitoring and Reporting Program for the proposed Project. The Checklist indicates the mitigation
measure number as outlined in the EIR, the EIR reference page (where the measure is
documented), a list of Mitigation Measure /Conditions of Approval (in chronological order under the
appropriate topic), the Monitoring Milestone (at what agency /department responsible for verifying
implementation of the measure), Method of Verification (documentation, field checks, etc.), and a
verification section for the initials of the verifying individual date of verification, and pertinent remarks.
2.10 ADDITIONAL SECTIONS
RBF will provide additional sections in the EIR to meet CEQA and City requirements including the
following: Significant Irreversible Environmental Changes That Would Be Involved In the Proposed
Action Should It Be Implemented, Effects Found Not To Be Significant, Inventory of Unavoidable
Adverse Impacts, and Organizations and Persons Consulted /Bibliography.
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3.0 DRAFT EIR
City of El Segundo
Raytheon El Segundo South Campus Specific Plan
Environmental Impact Report and Specific Plan Services
3.1 PRELIMINARY DRAFT EIR
RBF will respond to one complete set of City comments on the Administrative Draft EIR. If desired
by the City, RBF will provide the Preliminary Draft of the EIR with all changes highlighted to assistthe
final check of the document.
3.2 COMPLETION OF THE DRAFT EIR
RBF will respond to a second review of the Preliminary Draft EIR and will prepare the report for the
required 45 -day public review period. In addition, RBF will prepare the Notice of Completion (NOC)
for submittal to the Office of Planning and Research (OPR). RBF will also work with the City to
develop a distribution listing for the NOC and Draft EIR.
4.0 FINAL ENVIRONMENTAL IMPACT REPORT
4.1 RESPONSE TO COMMENTS
RBF will respond to comments received on the Draft EIR during the 45 -day public review period, and
any additional comments raised during public hearings. RBF will prepare thorough, reasoned and
sensitive responses to relevant environmental issues. This task includes written responses to both
written and oral comments received on the Draft EIR (includes review of hearing transcripts, as
required). The Draft Responses to Comments will be prepared for review by City staff. Following
review of the Draft Responses to Comments, RBF will finalize this section for inclusion in the
Administrative Final EIR.
It is noted that it is unknown at this time the extent of public and agency comments that will result
from the review process. RBF has budgeted conservatively, given the potential scrutiny involved
with the proposed project. Should the level of comments and response exceed our estimate, RBF
will submit additional funding requests to the City in order to complete the responses.
4.2 FINAL EIR
The Final EIR will consist of the revised Draft EIR text, as necessary, and the "Comments to
Responses" section. The Draft EIR will be revised in accordance with the responses to public
comments on the EIR. To facilitate City review, RBF will format the Final EIR with shaded text for
any new or modified text, and "strike out" any text which has been deleted from the Final EIR. RBF
will also prepare and file the Notice of Determination within five (5) days of EIR approval. This scope
of work excludes the required fees for the California Department of Fish and Game (CDFG).
4.3 FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS
RBF will provide administrative assistance to facilitate the CEQA process including the preparation of
the Notice of Determination, Statement of Overriding Considerations and Findings for City use in the
Project review process. RBF will prepare the Findings in accordance with the provisions of Section
15091 and 15093 of the State CEQA Guidelines and in a form specified by the City. RBF will submit
the Draft Findings for City review and will respond to one set of City comments.
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5.0 PROJECT COORDINATION AND MEETINGS
5.1 PUBLIC NOTICES
RBF will prepare, submit, and mail all CEQA public notices required for the proposed project. Public
notices are anticipated to include:
• Notice of Preparation: As stated above within Task 1.5, RBF will prepare the NOP for the
proposed project to initiate the 30 -day NOP public review period. RBF will distribute the NOP
to appropriate agencies, parties, and individuals (including the State Clearinghouse). RBF
will also post the NOP at the County Clerk. (completed)
• Notice of Availability: RBF will prepare a Notice of Availability (NOA) to be distributed at the
onset of the 45 -day public review period for the project. The NOA will include required
project information, such as a brief project description, the start/end dates of the public
review period, locations where the EIR is available for review, and contact information for
City staff.
• Notice of Completion: RBF will prepare a Notice of Completion for submittal to the State
Clearinghouse at the onset of both the 30 -day NOP public review period and the 45 -day EIR
public review period. The NOC will follow the format recommended by the State
Clearinghouse.
• Notice of Determination: As stated above within Task 4.2, RBF will prepare a Notice of
Determination, to be filed with the County Clerk and sent to the State Clearinghouse within
five days of EIR certification. This scope of work excludes payment of any CDFG filing fees,
if applicable.
This scope assumes that the City would be responsible for any radius mailing or newspaper notices
required for the proposed project.
5.2 ENVIRONMENTAL REVIEW COORDINATION
Mr. Glenn Lajoie, AICP, and Ms. Rita Garcia, will be responsible for management and supervision of
the EIR Project Team as well as consultation with the City staff to incorporate City policies into the
EIR. Mr. Lajoie and Ms. Garcia will undertake consultation and coordination of the Project and
review the EIR for compliance with CEQA requirements and guidelines and City CEQA procedures.
RBF will coordinate with state and local agencies regarding this environmental document. Mr. Lajoie
and Ms. Garcia, will coordinate with all technical staff, consultants, support staff and word
processing toward the timely completion of the EIR. It is the goal of RBF to serve as an extension of
City staff throughout the duration of the EIR Project. As is stated in Understanding of the Project,
RBF will be available to meet with staff to discuss particular Project parameters, as required by the
City. In addition, as requested, RBF will provide detailed progress reports on a monthly basis. All
progress reports will include the status of documents currently in production, delivery dates of
documents, upcoming meetings with City Staff, and any outstanding items to be resolved at that
time. Each progress report will include a summary of tasks performed and the percentage of work
completed to date according to individual task.
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Environmental Impact Report and Specific Plan Services
5.3 ENVIRONMENTAL REVIEW MEETINGS
Mr. Lajoie, and /or Ms. Garcia, will attend all staff meetings and will represent the Project Team at
public hearings and make presentations as necessary. RBF anticipates several meetings with City
staff, including a "kick -off meeting" (refer to Task 1.1), progress meetings, public meetings and
hearings. Mr. Lajoie and Ms. Garcia along with other key Project Team personnel will also be
available to attend meetings with affected jurisdictions, agencies and organizations as needed to
identify issues, assess impacts and define mitigation. Should the City determine that additional
meetings beyond the following meetings are necessary, services will be provided under a separate
scope of work on a time and materials basis. The estimated cost for additional meetings is
approximately $800 per person.
• One (1) CEQA Scoping Meeting with City Staff.
• One (1) kickoff meeting with City Staff (refer to Task 1.1).
• One (1) community /neighborhood scoping meeting (refer to Task 1.6).
• Progress meetings with City Staff assumes four (4) meeting to provide written and oral
progress reports, resolve issues, review comments on Administrative documents and receive
any necessary direction from City Staff.
• Three (3) public hearings with presentations as necessary. This includes Planning
Commission and City Council meetings.
6.0 ENVIRONMENTAL DELIVERABLES
The following is a breakdown of all products /deliverables. The listed deliverables assume a standard
number of deliverables for a project of this type and can be adjusted, as directed by the City. RBF
can also provide a cost, per document, and can provide billing on a time and materials basis, as
requested by the City.
PROJECT SLOPING
• Twenty -five (25) copies of the Notice of Preparation
• Twenty -five (25) copies of the Initial Study
• Sixty (60) CD versions of the NOP /Initial Study
• One (1) Camera -Ready Unbound Copy
• One (1) Electronic Copy of the NOP /Initial Study
PREPARATION OF ADMINISTRATIVE DRAFT EIR
• Five (5) copies of the Administrative Draft EIR and Technical Appendices
• Five (5) CD's containing the Administrative Draft EIR and Technical Appendices
• One (1) electronic copy in Microsoft Word 2003 Format
• One (1) electronic copy in Adobe Acrobat (PDF) Format
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Raytheon El Segundo South Campus Specific Plan
Environmental Impact Report and Specific Plan Services
• Five (5) copies of the Second Administrative Draft EIR and Technical Appendices
• Five (5) CD's containing the Second Administrative Draft EIR and Technical Appendices
• One (1) electronic copy of the Second Administrative Draft EIR and Exhibits
• Thirty (30) copies of the Draft EIR with Technical Appendices
• Sixty (60) CD's containing the Draft EIR and Technical Appendices
• Ninety (90) copies of the Notice of Completion
• One (1) camera -ready unbound original of the Draft EIR, Executive Summary and Technical
Appendices
• One (1) copy of the Draft Executive Summary
• Twenty (20) CDs of the Draft Executive Summary
• One (1) electronic copy in Microsoft Word 2003 Format of the Draft EIR and Technical
Appendices
• One (1) electronic copy in Adobe Acrobat (PDF) Format
FINAL ENVIRONMENTAL IMPACT REPORT
• Five (5) copies of the Draft Responses to Comments
• One (1) electronic copy of the Response to Comments
• Five (5) copies of the Administrative Final EIR and Technical Appendices
• Five (5) CD's containing the Administrative Final EIR Technical Appendices
• Fifteen (15) copies of the Final EIR and Technical Appendices
• Fifteen (15) CD's containing the Final EIR and Technical Appendices
• One (1) unbound camera -ready original of the Final EIR, Exhibits and Technical Appendices
• One (1) electronic copy of the Final EIR and Technical Appendices in Microsoft Word 2003
Format
• One (1) electronic copy in Adobe Acrobat (PDF) Format of the Final EIR
• Five (5) copies of the Draft Findings and Statement of Overriding Considerations
• One (1) camera -ready Final Findings and Statement of Overriding Considerations
• One (1) electronic copy of the Final Findings and Statement of Overriding Considerations
• One (1) camera -ready Notice of Determination
• One (1) camera -ready Notice of Completion
7.0 DESIGN REVIEW SERVICES (COMPLETED)
RBF has reviewed the draft Specific Plan submittal, site development plan, as well as the City's
Municipal Code. It is noted that the City does not appear to have a formal design review process,
and that the Draft Specific Plan presently does not include robust design guidelines nor does it
include a design review process in its Implementation section. While design guidelines are not a
mandated component of a Specific Plan under California Government Code, for highly visible and /or
prominent projects, the guidelines can provide both the City and developers with guidance during the
development process.
RBF's approach to this task would include the following subtasks:
JN 10- 107917
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February 13, 2013
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City of El Segundo
Raytheon El Segundo South Campus Specific Plan
Environmental Impact Report and Specific Plan Services
�se��st�4
7.1 MEETINGS /COORDINATION WITH CITY STAFF
Meeting with City staff to discuss and understand City design objectives. RBF staff would include a
policy planner and urban designer. Three staff level meetings are budgeted in this subtask. A total
of 30 hours of staff level meetings are assumed.
7.2 SPECIFIC PLAN AND SITE PLAN REVIEW
Detailed review of the draft Specific Plan and site plan. RBF would review the project using a
number of design staff by discipline, including a brief review of the site design by a land development
engineer, review of landscape elements by one of RBF's landscape architects, and review of
architectural issues by an urban designer. A budget of 46 staff hours are assumed for this review.
7.3 DESIGN REVIEW MEMORANDUM
Preparation of a design review memorandum. This memorandum will include the following
elements:
• Comments on the proposed site plan and landscape concept;
• Recommendations for modifications to the draft Specific Plan related to design elements.
This may include specific recommendations for design - related policies and criteria, an outline
of recommended design guidelines section for the Specific Plan document, and
recommendations for a design review process within the Specific Plan to assist staff in the
review of final site plans and architecture.
• Meeting with staff to review RBF's recommendations.
• Attendance at two (2) Public Hearings (Planning Commission and City Council) to present
the design review recommendations and answer questions.
DELIVERABLES
• Meeting notes from meetings with staff and a memorandum (camera -ready and Adobe
Acrobat PDF) of design review comments and recommendations.
Note: RBF's urban design and planning staff can prepare design guidelines for the project under
contract to the City if desired. This would be an optional task, with a scope and fee provided upon
request.
8.0 PROJECT SUPPORT SERVICES (COMPLETED)
Task 8.0 has been modified from the original work program. Previously, Task 8.0 referenced
optional tasks for geology review, hazardous materials and water /sewer peer review. Each of those
task items have been incorporated into the work program contained in Task 2.6. The following are
new task items resulting from the initiation of the work program in the spring of 2012. Budgeting for
each of the following had come from the original Work Program Contingency (20 %).
JN 10- 107917 • 22 • February 13, 2013
120
+ 1'ly j1� •,
is 13
8.1 PROJECT MEETINGS
City of El Segundo
Raytheon El Segundo South Campus Specific Plan
Environmental Impact Report and Specific Plan Services
Approximately five (5) in- person meetings and several conference calls have occurred over the past
several months. This task accounts for travel time, attendance and action item follow -up. One
additional meeting (which is anticipated in September 2012) has been budgeted.
8.2 PROJECT COORDINATION
RBF has incurred substantial costs related to on -going coordination for tasks that are not associated
with the CEQA process. This task budget is intended to cover those costs through September 2012.
8.3 SPECIFIC PLAN PREPARATION /ASSISTANCE
In addition to services provided under Task 7.0, the RBF team has had continuous participation in
the Specific Plan process. The work program has included the Land Use Plan and Design
Guidelines, update the general plan discussion to correctly reference appropriate goals and policies,
update and expand the Circulation Plan, the development regulations and infrastructure based upon
project studies.
The following efforts will result in additions to the South Campus Specific Plan, providing landscape
guidance and a level of consistency in the new campus. This assumes that a real landscape master
plan would be prepared by the applicant at the time of the first site plan review for any new
development within the Specific Plan.
Streetscape Palette. A landscape architect will visit the site, conduct research and investigation of
city standards, contact the City's urban forester, and prepare a comprehensive plant palette for the
public and future publicly maintained streets, as well as the parking lots.
Streetscape Concept. Development of a streetscape concept illustrated through typical streetscape
cross sections for the Hughes Avenue extension, Continental Avenue, and the El Segundo
Boulevard frontage. A landscape architect will design, draft, create and exhibit for each, including
provision of the bicycle lane in Hughes /Nash and the bicycle trail on El Segundo Boulevard.
Parkinq Lot Landscape. Development of a typical parking lot landscape concept and related
standards for landscape percentages and tree coverage. RBF's landscape architects will design,
draft, create and exhibit and review with City staff.
Typical Entry Concept (Plan View Vignette). RBF's landscape architects will design, draft and create
and exhibit of a typical entry landscape concept and review with City staff. No
monumentation /signage is assumed as this will be subject of a future signage program.
8.4 TRAFFIC SENSITIVITY ANALYSIS
In June 2012, RBF prepared a sensitivity analysis to determine the maximum numberof trips, known
as a "trip ceiling," that can be generated by the proposed Raytheon project that will not result in a
significant impact at the Sepulveda Boulevard/El Segundo Boulevard intersection based on City of El
Segundo thresholds of significance, and thus not require the connection of Nash Street and Hughes
Way as mitigation. The analysis also evaluated the Continental Boulevard/El Segundo Boulevard
and Nash Street/El Segundo Boulevard intersections.
JN 10- 107917 • 23 • February 13, 2013
121
SST Y a�
City of El Segundo
Raytheon El Segundo South Campus Specific Plan
Environmental Impact Report and Specific Plan Services
Based on the proposed phased buildout of the project site supplied by City staff, the analysis
identified which phase of the proposed project would be required to make the Nash Street — Hughes
Way connection as mitigation for the first significant impact identified at one of the study
intersections. Additionally, RBF derived examples of land use combinations possible under the trip
ceiling impact requiring the connection of Nash Street and Hughes Way as mitigation.
9.0 CONTINGENCY
The update to the Work Program includes replenishing the contingency budget. The contingency is
15% of the project budget and would not be utilized without the consent and authorization by the City
of El Segundo. Examples of the need for contingency reimbursement outside of the recognized
scope of work include:
• Additional traffic analysis
• Additional intersection and /or roadway traffic counts
• Cost for SCAG /agency traffic model forecast runs
• Additional stages of Peer Review of Applicant prepared information
• Additional Alternatives included in the EIR review
• Quantitative analysis for Alternatives that were assumed to require only a qualitative review
• The level of analysis /responses for comments received during the Draft EIR Public Review
• Increased level of project coordination
• Additional meetings
JN 10- 107917
•24•
February 13, 2013
122
City of El Segundo
Raytheon El Segundo South Campus Specific Plan
Environmental Impact Report and Specific Plan Services
$EC�6�4
11. CEQA SCHEDULE
Project "Restart" Meeting (post April -June project re- submittal and coordination) .......... Early July 2012
Land Use /Development Standards ................................ ...............................
...........................July
InfrastructureMeeting ........................................................................ ...............................
Mid -July
Complete the Administrative Draft Specific Plan .................... .........................August
— November
Applicant's Infrastructure Plans and Reports ..................... ...............................
August — February
Updated Specific Plan and NOP Project Description .......................................
August — November
DraftInitial Study/ NOP ............................................. ...............................
.......................November
Finalized Initial Study /NOP ...................................... ...............................
.......................November
30 -Day NOP Public Review ................. ............................... .......................November
— December
EIRScoping Meeting ............................................... ............................... .......................November
Reviewof NOP Comments ...................................... ............................... .......................December
Updated EIR Work Program and Budget ........... ............................... ........................January 2013
Technical Studies in Support of the EIR ........... ............................... ........................January — April
Administrative Draft EIR Preparation ....................................... ............................... January — May
City Review of Administrative Draft EIR ........................................ ............................... May — June
Preparation of Draft EIR "Check Copy" ...................................................
............................... June
City Review of Draft EIR "Check Copy" .......................... ...............................
...........................July
Complete, Publish, Circulate Draft EIR .......................... ............................... ...........................July
45 -Day Public Review Period ................. ............................... .........................August
— September
Planning Commission Hearing during the Draft EIR Review to receive Comments ..................TBD
Review of Comments received during the Draft Review .......................... ......................September
Prepare Responses to Comments ........................... ............................... ......................September
Review of Responses to Comments ........................ ............................... ......................September
Preparation of Administrative Final EIR .............................................. ...............................
October
Review of Administrative Final EIR .................................................... ...............................
October
Complete, Publish, Circulate Final EIR .............................................. ...............................
October
Planning Commission Recommendation Hearing ..... ............................... .......................November
City Council Certification Hearing ...............................................................
November — December
Post CEQA Certification /Project Approval Hearing ... ............................... .......................December
Schedule is contingent on completion of the Draft Specific Plan and Applicant Infrastructure Plans/ Reports in August.
JN 10- 107917 • 25 • February 13, 2013
123
City of El Segundo
Raytheon El Segundo South Campus Specific Plan
EP N_*A10 Environmental Impact Report and Specific Plan Services
,k
111. STATEMENT OF FINANCIAL CONDITIONS
This proposal shall be valid for a period of 90 days. Progress billings will be forwarded based on
payment criteria established by the City. These billings will include the fees earned for the billing
period. The City shall make every reasonable effort to review invoices within fifteen (15) working
days from the date of receipt of the invoices and notify Consultant in writing of any particular item
that is alleged to be incorrect.
The fees proposed herein shall apply until March 1, 2014. Due to annual increases in costs
associated with inflation, staff wage increases and increases in direct costs, Consultant will increase
those portions of the contract fee for which work must still be completed after March 1, 2014, by
fifteen percent (15 %).
Deviations or modifications from the Scope of Work will result in potential re- evaluation of the
associated fees. Items not specifically stated in the proposal will be considered an additional work
item.
All work will be performed at a "Not to Exceed" contract price, which will become the fixed price upon
completion of negotiations with the City staff authorized to negotiate and agreement. The total
budget includes all miscellaneous costs for travel /mileage, reproduction, telephone, postal, delivery,
reference materials, and incidental expenses.
The budget provides a breakdown of our estimated cost of performing the services described in this
Scope of Services. Our Scope of Services and its associated cost are based on several key
assumptions, including the following:
1. City will develop the mailing list for distribution of the EIR and notices. The City will be
responsible for newspaper cost of publication of notices, which will be billed directly to the
City, so they are not included in the proposed budget.
2. Photocopy costs included in the proposal are for the specified number of copies of
deliverables and reasonable incidental and in -team photocopying. If additional copies of
deliverables are needed, they can be provided with an amendment to the proposed budget.
3. Review cycles for preliminary documents are presented in the scope of work. Additional
review cycles or additional versions of administrative drafts are assumed to not be needed.
4. The proposed work addresses CEQA requirements of the proposed action. Work related to
NEPA compliance, Section 404 compliance, or other permitting processes is not included
(although these can be added, as needed, with a contract amendment). Work concludes at
the acceptance by the City of the final deliverable.
5. The budget is based on completion of work within an agreed upon schedule. If substantial
delay occurs, an amendment of the budget would be warranted to accommodate additional
project management time and other costs. Substantial delay is normally defined as 90 days
or more.
JN 10- 107917 • 26 • February 13, 2013
124
G� Y a.A
n=
-r
City of El Segundo
Raytheon El Segundo South Campus Specific Plan
Environmental Impact Report and Specific Plan Services
6. Costs are included for the number of meetings specified in the scope of work. If additional
meetings are needed, they can be included with an amendment of the budget.
7. The extent of public comment on a Draft EIR is not predictable. The proposed budget
includes a reasonable, preliminary estimate time to respond to comments. RBF will consult
with the City after the valuation of the comments to determine if the preliminarily estimated
budget is sufficient. An excessive amount of comments is generally considered to be more
than thirty (30) commenting agencies /individuals and /or over 150 comments that require
answers other than "Comment is noted."
8. Costs have been allocated to tasks to determine the total budget. RBF may reallocate costs
among tasks, as needed, as long as the total budget is not exceeded.
9. Once the proposed project description, baseline, and alternatives are approved by the City
for analysis in the Draft EIR, it is assumed they will not change thereafter. If changes
requiring revisions to analysis or rewriting of EIR information occur, an amendment of the
budget would be warranted.
10. The CEQA statutes or guidelines may change during the course of this EIR. If amendments
require redoing work already performed or substantially increasing effort, a contract
amendment may be warranted.
JN 10- 107917
•27•
February 13, 2013
125
45t 0
IV, BUDGET
City of El Segundo
Raytheon El Segundo South Campus Specific Plan
Environmental Impact Report and Specific Plan Services
TASK
G.L.
240
LM.
220
R,O,
ISO
E.T.
150
ICB,
120
B.M.
220!
P,M,
180
R,B,
160
R.K,
1SS
l;h.M, MA.
170. 2101
J.F. 73,A,
145 BS
Total
Hours
Sub
Consultant
Total
coat
1.0 PROJECT SCOPING
-
-
$0
11 PW K4-0If and Project Characteristics
6
12
6
2
26
$4,130
12 Ro_seardi and Invesid2ation
4
2
a
2
4
20
um
1.3 AgencyConsullation
1
4
5
840
1.4 Preparation of the Initial Study
2
1
25
3
32
34,955
1.5 NoficeolPrewraltion
1
1
1240
1.0
5
5
2
12
52,120
2.0 PREPARATION OF ADMINISTRATIVE DRAFT EIR
0
$0
2.1 Introduction and PugM
1
0
9
$1.440
2.2 Exoeutive SuMM
1
8
9
51,440
2.3 ftkKj thin
2
20
4
26
53820
2.4 ThresMNds of SkirkDance
1
1
2
1
1
1
1
1
9
S7 835
25 Cumulative PrMqLk2MM
5
2
0
$1430
2A Em mrmrW AnOps
0
so
A AU 0
2
2
40
-
44
$7160
El Crainap and Water Qualilly
2
2
10
40
2
64
$9.710
C. Geology andSoBs
2
2
1a
_
22
S18000
520940
D. GreenMuse C,as Ana4mnCnabb Charge
2
2
45
49
$7,960
E. Hazardous Materials
2
2
to
73
98
515180
F Land Use and Relevant Plann ft
2
40
a
4
54
57,780
G. Noise
2
2.
4
49
$7,980
H Public Somas end Utilities
2
2
40
44
$5,580
I. Traft and Circulation
4
20
400
300
5
729
$%200
$949,585
J. WaW Supply Ass%snml _
2
2
90
94
516080
K WatorlSeworNhasbudure Pow Review
2
2
15
74
312680
17 Growth Inducement
2
18
18
S2,800
:1.8 Alternatives to the tMsed Action
2
30
24
28
45
4
129
_
522,080
jL_MNihon Monitoring and ReDDrfin y Program
1
12
13
$2.040
2.10 Addt6onalSeolms
1
2
14
17
$2220
3.0 DRAFT EIR
0
_
$p
3.1 Prellrninary Draft EIR
4
4
40
10
16
4
78
313300
3.2 Coalew ollhe WEIR
2
4
24
30
54,960
4,0 FINAL ENVIRONMENTAL IMPACT REPORT
0
$0
4.1 Rjoslponsa to Comments
4
2
25
10
16
2
$10,590
42 1"MANEIR�
2
1
20
_60
23
53,700
4.3 Finch la*nnant of Overridna Cansideraeons
2
1
to
_
21
$3,400
d.0 PROJECT COORDINATION AND MEETINGS
U
30
5.1 Public Notices
1
8
9
$1.440
5.2 Environmental Review Coordination
751
21
80
151
$4.440
5.3 Environmental Review Meetings
40
10
40
15
25
130
525,700
6.0 ENVIRONMENTAL DELIVERABLES
1
2
2.0
23
$6,500
$8,740
T.0 DESIGN REVIEW SERVICES
0
$0
7,1 PWKm wilh City Staff
1
32
33
$8.960
7.2 Spicific Plan and Silo Plan Review
1'
32
13
46
$8,845
7,3 2EE Renew Memorarleum
1'
32
33
$6.960
OA PROJECT SUPPORT SERVICES
0
s0
6.1 P Agee s
30
24
15
8
8
12
97
119
8.2 Pr' tCoordinelion
30
60
90
$10200
8.3 Spiak Plan Pre ratbnlAsslstance
4
4
6o
40
106
$19960
6.4 Traroc San OA Ana
65
60
125
523.900
TOTAL HOURS
1
28
494
192'
142
515
300
79
41
161
H
131
48
2298
'Parcmt of Total Labor Hours
82%
12%
21.5%
8.4%i
6.2%
22.4%
13.1%
3.4%
1.8%
TO%
4.2%
0,6%
21%
SUBTOTAL LABOR COST$
5,360
$6.160
$74,100
$30.7201
$17.040
$113.300
S48000
512640
$6765
$27,370
$20160
$1.885
34.080
$52o,64o
CONTWOENCY 15%
$18,081
TOTAL COSTS
1598 721
JN 10- 107917
G.L = Glenn Lajole E.T = Eddie Tones R B = Richard Beck M A. = MergitAllen
C.M. = Collette Morse B.M. = Bob Matson R.K. = Rebecca Kinney J.F. = Jeremy Framni
R G. = Rita Garcia P.M. = Paul Martin Ch M = Cha&e Marr G A =Graphic Artist
0289
February 13, 2013
126
EL SEGUNDO CITY COUNCIL MEETING DATE: May 6, 2014
AGENDA STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action to adopt a resolution pursuant to Public Contracts Code
§20168 finding that an emergency existed within the City, ratifying the action of the City
Manager and authorizing the City Manager to approve a contract in a form approved by
the City Attorney with UDC Corporation to remove and replace two leaking portions of
HVAC ducting on the roof of City Hall without the need for bidding in accordance with
Public Contracts Code §§ 20168 and 22050 and El Segundo Municipal Code ( "ESMC ")§
1 -7 -12 and 1 -7A -4 and find that the project is exempt from review under the California
Environmental Quality Act as an emergency repair. (Fiscal Impact: $13,875.00)
RECOMMENDED COUNCIL ACTION:
(1) Adopt a Resolution finding that an emergency exists and waive bidding
requirements pursuant to Public Contracts Code §§ 20168 and 22050 and ESMC §§
1 -7 -12 and 1 -7A -4;
(2) Authorize the City Manager to execute a maintenance contract with prevailing
wages, in a form approved by the City Attorney, to UDC Corporation for the
removal and replacement of two leaking portions of HVAC ducting on the roof of
City Hall;
(3) Find that the project is exempt from review under the California Environmental
Quality Act of 1970, as amended, Public Resources Code section 21000 et seq.
( "CEQA ") pursuant to Section 15269, subdivision (a) of the CEQA Guidelines;
and /;or.
(4) Alternatively, discuss and take other possible action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
Resolution
Declaration of Emergency
FISCAL IMPACT: Within Adopted Budget
Amount Budgeted: $18,500
Additional Appropriation: No
Account Number(s): 001 - 400 - 2601 -6215 (Facilities Maintenance: Repairs and
Maintenance)
ORIGINATED BY: Floriza Rivera, Principal Engnee&
REVIEWED BY: Stephanie Katsouleas, Director o Public Works
APPROVED BY: Greg Carpenter, City Manager
13
127
BACKGROUND AND DISCUSSION:
On May 21, 2013, City Council awarded a project to J. Cab and Sons to replace the roof at City
Hall. After the discovery of asbestos and subsequent remediation, the Contractor was issued a
Notice to Proceed on February 3, 2014. The HVAC system has remained off during the entire
period of construction. However, during final inspection of the new roofing base, it was
discovered that two portions of aging ductwork on the roof were damaged at the seals and had
allowed rainwater to infiltrate during the recent storm events. The City's Safety Officer
reviewed the situation and recommended that the leaking condition be immediately resolved to
remove any moisture in the system. The HVAC system will remain off until the repairs can be
made. Because of the age and current condition of the ductwork, the most effective approach to
mitigate the leaks and other potential health concerns is to replace a significant portion of
ducting entirely rather than attempt to conduct spot repairs, which could cause additional damage
to the ducts.
Staff feels that damaged ducts create an emergency situation because, should the ductwork not
be immediately remedied, it will continue to allow moisture into the HVAC system. The new
City Hall roof is nearing the end of its curing period and will be ready for its final surface
coating in the next few weeks. Removing and replacing the ductwork before the surface coating
has been applied will also prevent the new final coating from being damaged as a result of the
duct work. Therefore time is of the essence both for health and logistical reasons.
Ordinarily, the Public Contracts Code ( "PCC ") requires formal bidding for all public works
projects. PCC § 20168, however, allows the City Council to adopt a resolution by four -fifths
vote "declaring that the public interest and necessity demand the immediate expenditure of
public money to safeguard life, health or property." Pursuant to this section and PCC § 22050,
the City Council may by -pass bidding requirements ordinarily required under the PCC. An
"emergency" is defined as "a sudden, unexpected occurrence that poses a clear and imminent
danger, requiring immediate action to prevent or mitigate the loss or impairment of life, health,
property, or essential public services."
Here, there is an imminent danger to public health and safety due to potential moisture buildup
within the HVAC system.
The project is exempt from review under the California Environmental Quality Act of 1970, as
amended, Public Resources Code section 21000 et seq. ( "CEQA ") pursuant to Section 15269,
subdivision (a) of the CEQA Guidelines because replacing the ducting was an emergency repair
to a public facility necessary to maintain service essential to the public, health and welfare.
Therefore, staff recommends that City Council adopt the attached resolution declaring the two
leaking portions of HVAC ducting on the roof of City Hall an emergency, ratifying the City
Manager's actions to authorize their removal and replacement, approving a contract with UDC
Corporation for $12,065, approving an approximately 15% contingency of $1,810 for a total cost
of $13,875 and finding that the project is exempt from CEQA review as an emergency project.
S
RESOLUTION NO.
A RESOLUTION ADOPTED PURSUANT TO PUBLIC
CONTRACTS CODE § 20168 FINDING THAT AN
EMERGENCY EXISTS WITHIN THE CITY AND
AUTHORIZING CONTRACTING WITHOUT THE NEED FOR
BIDDING PURSUANT TO § 22050 AND Ell SEGUNDO
MUNICIPAL CODE §§ 1 -7 -12 and 1 -7A -4 AND FINDING
THAT THE PROJECT IS EXEMPT FROM REVIEW UNDER
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT AS AN
EMERGENCY REPAIR.
The City Council does resolve as follows:
SECTION 1: The City Council finds and declares as follows:
A. Pursuant to Public Contracts Code ( "PCC ") § 20168, the City Council may,
upon a four -fifths vote, declare that public interest and necessity demand
the immediate expenditure of public money to safeguard life, health, or
property because of an emergency.
B. In accordance with PCC §§ 20168 and 22050, the City Council may repair
or replace a public facility, take any directly related and immediate action
required by that emergency, and procure the necessary equipment,
services, and supplies for those purposes, without giving notice for bids to
let contracts.
C. During the City's current roofing project, located within the public facility
identified as City Hall, it was discovered two portions of aging ductwork on
the roof were damaged and had allowed rainwater to infiltrate during the
recent storm events. The ductwork, if it remains, will introduce moisture
into the HVAC system, creating potential health concerns.
Additionally the new City Hall roof is nearing the end of its curing period
and will be ready for its final surface coating in the next few weeks.
Removing and replacing the ductwork before the surface coating has been
applied will also prevent the new final coating from being damaged as a
result of the duct work. Therefore time is of the essence for both health
and logistical reasons.
D. In compliance with applicable law, and to protect public, health, safety and
welfare, the City Manager is taking immediate emergency action to
remove and replace the ductwork in accordance with El Segundo
Municipal Code ( "ESMC ") §§ 1 -7 -12 and 1 -7A -4 and has reported his
actions to the City Council.
Resolution No.
Page 1 of 3
129
E. The leaking portions of ductwork constitute a sudden, unexpected
occurrence that poses a clear and imminent danger to the City property,
its citizens, and employees. This threat required immediate action to
prevent or mitigate the loss or impairment of essential public services.
F. Under such emergency conditions, the City Council finds that the delay
resulting from public bidding would have imperiled essential public
services.
G. The project is exempt from review under the California Environmental
Quality Act of 1970, as amended, Public Resources Code section 21000
et seq. ;" CEQA ") pursuant to CEQA Guidelines § 15269(a) because the
repair of the leaking ductwork to this public facility is necessary to maintain
service essential to the public, health and welfare.
SECTION 2: In light of the emergency described above, the City Council ratifies the
actions of the City Manager to take all steps necessary to protect public health, safety
and welfare including, without limitation, awarding contracts in accordance with PCC §
22050 and ESMC §§ 1 -7A -4 and and 1 -7A -4.
SECTION 3: This Resolution will become effective immediately upon adoption and
remain effective unless superseded by a subsequent resolution.
PASSED AND ADOPTED this 6t" day of May, 2014.
APPROVED AS TO FORM:
Mark D. Hensley, City Attorney
Karl H. Berger, Assistant City Attorney
Suzanne Fuentes, Mayor
Resolution No.
Page 2 of 3
130
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO )
I, Tracy Weaver, City Clerk of the City of El Segundo, California, DO HEREBY
CERTIFY that the whole number of members of the City Council of the said City is five;
that the foregoing resolution, being RESOLUTION NO. was duly passed and
adopted by the said City Council, approved and signed by the Mayor of said City, and
attested by the City Clerk of said City, all at a regular meeting of the said Council held
on the day of 2014, and the same was so passed and
adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTENTION:
NOT PARTICIPATING:
WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this day of
, 2014.
Tracy Weaver, City Clerk
Of the City of El Segundo,
California
(SEAL)
Resolution No.
Page 3 of 3
131
The City Manager finds:
CITY OF EL SEGUNDO
City Manager's Office
DECLARATION OF EMERGENCY
That conditions of extreme peril to the safety of persons and property arose within the
City of El Segundo, caused by the two aging and leaking portions of HVAC ductwork on
the City Hall roof. These conditions require an immediate response to remove and
replace the ductwork.
These conditions of extreme peril warrant and necessitated the proclamation of the
existence of a local emergency with regard to the leaking portions of HVAC ductwork on
the City Hall roof.
Accordingly, pursuant to § 1 -7A -4 of the El Segundo Municipal Code, a local emergency
is proclaimed to have existed wi n the ity of EI egundo on April 29, 2014.
City nag
O'd L11
Date ime
132
EL SEGUNDO CITY COUNCIL MEETING DATE: May 6, 2014
AGENDA STATEMENT AGENDA HEADING: Reports - Mayor
AGENDA DESCRIPTION:
Consideration and possible action regarding the assignments of Council Members to various
intergovernmental agencies, local agencies and subcommittees.
RECOMMENDED COUNCIL ACTION:
1. Approve and implement assignments;
2. Alternatively, discuss and take other action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
A table listing proposed Council appointments to intergovernmental agencies, local agencies and
subcommittees.
FISCAL IMPACT:
Amount Budgeted:
Additional Appropriation:
Account Number(s):
ORIGINATED BY: Mayor Suzanne Fuentes'-4t-
REVIEWED BY:
APPROVED BY: Greg Carpenter, City Manager ,.
BACKGROUND AND DISCUSSION:
After the seating of every newly elected Council Member, the Mayor considers appointments to
serve on various intergovernmental agencies, local agencies and subcommittees.
The Economic Development Advisory Council no longer has directly appointed Council
Members. I am recommending instead to continue having joint meeting with the City Council
Members.
14
133
CITY COUNCIL COMMITTEE ASSIGNMENTS
May 6, 2014 - April 19, 2016
AGENCY / COMMITTEE
DELEGATE
ALTERNATE
City Selection Committee
Suzanne Fuentes
By Proxy
Hyperion Citizens Forum
Dave Atkinson
Carl Jacobson
Independent Cities Association
Marie Fellhauer
Mike Dugan
Independent Cities Risk Management Authority *
Mike Dugan
Staff
League of California Cities
Marie Fellhauer
Suzanne Fuentes
Los Angeles County Sanitation District 5 & SBC
Suzanne Fuentes
Carl Jacobson
Reach Out Against Drugs (ROAD)
Suzanne Fuentes
Mike Dugan
Senior Citizen Housing Corporation Board (Park Vista)
Suzanne Fuentes
Carl Jacobson
South Bay Cities Council of Governments (COG)
Suzanne Fuentes
Carl Jacobson
Dave Atkinson
Marie Fellhauer
Mike Dugan
South Bay Youth Project
Dave Atkinson
Marie Fellhauer
Southern California Association of Government
Mike Dugan
Dave Atkinson
West Basin Water Association
Dave Atkinson
Mike Dugan
Blue Ribbon Bicycle Advisory Board
Marie Fellhauer
Dave Atkinson
* Resolution must be changed for Council delegate to vote.
--
--
STANDING COMMITTEES
DELEGATE
DELEGATE
City / School Affairs Subcommittee
Carl Jacobson
Suzanne Fuentes
Disaster Council **
Suzanne Fuentes
Carl Jacobson
Golf Course Subcommittee
Mike Dugan
Dave Atkinson
Technology Subcommittee
Carl Jacobson
Mike Dugan
Investment Advisory Committee
Dave Atkinson
Mike Dugan
'* Meeting to be held with special Council meeting
_
-
OTHER APPOINTMENTS WITH DIFFERENT OR NO TERMS
DELEGATE
Los Angeles County West Vector Control District
Carl Jacobson
June 2017
LAX Area Advisory Committee
Dick Croxall
John Dragone
Carl Jacobson
No Term
LAX Roundtable
Carl Jacobson
No Term
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