CONTRACT 2369A AmendmentADDENDUM TO MEMORANDUM OF UNDERSTANDING
CITY OF EL SEGUNDO AND CITY OF LOS ANGELES
HYPERION LANDSCAPE AGREEMENT
is an addendum to the original Memorandum of Understanding (MOU) between the Cities of El Segundo
and Los Angeles regarding the Hyperion Landscape Agreement. The MOU was signed September 16, 1994 by Carl
Jacobson, Mayor of El Segundo, and Charles E. Dickerson III, President of the Los Angeles Board of Public Works.
This Addendum complies with Section VI.a. of the MOU, which reads, "All or any part of this MOU or any
requirement therein may be changed or altered at any time by mutual written agreement of both the City of El
Segundo and City of Los Angeles." The purpose of this Addendum is to accommodate changes in the maintenance
requirements of the established landscape that will promote the goal of naturalizing the site.
I. Declaration of Fulfillment
a) Both parties to this agreement hereby agree and certify that the requirements of Sections I, II, IV,
and V of the MOU are fully and completely executed and that no further action is necessary to
satisfy the requirements of those Sections.
b) All inspections of the site, the project's plans, and the City of El Segundo's administrative and fiscal
records are complete and Los Angeles is prepared to accept full responsibility for the site in
accordance with Section II of this Addendum.
c) Los Angeles certifies that the landscape irrigation system is in good and operable condition. Both
parties agree that irrigation terminated at the site in October, 1999.
d) This Addendum supersedes and modifies in its entirety Section III (Maintenance) of the MOU, per
the terms set forth in Section II of this Addendum.
II. Revision of Maintenance Requirements
a) Due to various factors over the duration of the landscape plan implementation, the City of El
Segundo's maintenance obligations for the plan extended beyond the original two -year period
outlined in Section III of the MOU. Though the original planting was according to plan, there have
been re- plantings and additional plantings in order to ensure a visual screening of Hyperion
satisfactory to the City of El Segundo. This was accomplished through three separate change orders
between the initial contract award date of November 17, 1994 and October 21, 1997.
El Segundo hereby certifies that the installed landscape satisfactorily meets the requirements of a
"healthy and viable landscape" as originally set forth in Section III.a. of the MOU. It is anticipated
that when the current vegetation reaches the density and height associated with maturity, it will
provide visual screening of Hyperion to a level acceptable to the City of El Segundo. This
certification releases Los Angeles from any future landscape additions or improvements
notwithstanding those required in Sections II.d -f, below.
1TTAL NO.
Hyperion Landscape Agreement
Addendum to MOU
March 8, 2001
' -" C:ity4f Los Angeles
City of El Segundo
b) El Segundo certifies that it has documented the height and density of the landscape buffer, and the
amount of visual screening afforded. This documentation is attached as Exhibit "A," and includes
a set of three panoramic, still photographs of the site, including elevation benchmarks and
identification of viewpoint sites. Copies of such documentation have been given to Los Angeles
prior to the signing of this addendum.
c) The effectiveness of the screen in mitigating view impacts of Hyperion (as intended by the original
MOU) is estimated to be 80% as of the date of the execution of this addendum, and as depicted in
Exhibit "A." Future evaluations of the effectiveness of the screen can be calculated by comparing
the benchmark panoramic photographs accompanying this addendum and panoramic photographs
taken from the same location(s) at future dates.
d) Beginning on the effective date of this addendum, Los Angeles shall be obligated to cultivate a
naturalized landscape buffer that provides an adequate visual screen of Hyperion. This was the
objective of the MOU when originally signed. This obligation requires Los Angeles to:
maintain a "healthy and viable landscape" that affords a visual screen of Hyperion not less than
the level documented in Section II.c., above. If it becomes clear that said level of screening is
not sustainable due to vegetation die -off, Los Angeles shall make a determination that the
particular plant species involved in the die -off is not suitable for the habitat, will recommend
alternative species, and communicate these issues in writing to El Segundo;
• limit the height of the landscape buffer foliage to 120 feet above mean sea level;
prune the foliage adequately to keep the Department of Water and Power access road clear of
vegetation and debris;
remove dead growth as necessary to comply with applicable fire codes.
e) At mutually agreed upon dates and times, representatives of both cities will conduct joint inspections
of the landscape buffer. If dates cannot be mutually agreed upon, the default dates will be the first
Wednesdays of March, June, September, and December, at 9:00 a.m.
f) Both parties acknowledge that due to unforeseen circumstances, the landscape buffer can be severely
damaged or destroyed by natural or man-made causes beyond the control of either party. In the event
that such a loss should occur, both parties agree that a mutual and collective effort to restore the
buffer and /or otherwise resolve the issue will be made if conditions warrant such an effort at that
time.
g)
Any future dispute as to the discharge of the requirements of this addendum shall be made in writing
by either party, per the dispute resolution guidelines of the Environmental Litigation Settlement
Agreement between the City of Los Angeles and City of El Segundo. All or any part of this MOU
or any requirement therein may be changed or altered at anytime by mutual written agreement of
both the City of El Segundo and the City of Los Angeles.
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Hyperion Landscape Agreement
Addendum to MOU
March 8, 2001
For the City of Los Angeles
,■11
Title Date
)
Zoa,A.ce Xu1 4,c, ei,/01/tL
APPROVED AS TO FORM
James K. Hahn, City Attorney
CITY OF EL SEGUNDO
Mike Gordon, Mayor
ATTEST:
City C10
Page 3
City of Los Angeles
City of El Segundo
For the City of El Segundo
Title Date
ATTEST
J. Michael Carey, City Clerk
By:
Title:
EL SEGUNDO CITY COUNCIL MEETING DATE: October 2, 2001
AGENDA ITEM STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Amendment to Memorandum of Understanding (MOU), Hyperion Landscape
Agreement.
RECOMMENDED COUNCIL ACTION:
Approve amended MOU and authorize the Mayor to execute on behalf of the
City.
BACKGROUND & DISCUSSION:
On the September 16, 1994 the City Council approved a MOU known as the
Hyperion Landscape Agreement. The Hyperion Landscaping Project was part of
a dispute resolution, stemming from the Hyperion Mitigation Monitor
Implementation Plan (MMIP) and was administered by the City of El Segundo.
The Project was financed by the City of Los Angeles under the MOU. Well over
1,100 plants have been placed in the 600 foot land landscape project area. The
vegetation has grown over the years and is well established. The vegetation
screen between Hyperion and the residential area meets the intent of the MOU.
The acceptance of this amendment transfers the maintenance of the landscaping
to Los Angeles City.
ATTACHED SUPPORTING DOCUMENTS:
Amendment to MOU
FISCAL IMPACT:
Operating Budget: N/A
Amount Requested: N/A
Account Number: N/A
Project Phase: N/A
Appropriation required: N/A
ORIGINATED:
Seimone Jurjis
Building Safety Manager
James Hansen
Community, Economic and Development Services Director
DATE: August 31, 2001
REVIEWED M' `'s, DATE:
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