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09/11/01
/'.moi44. 0)-6,/ )2-it - LW'-/.1.,4 • "A wish i5 a desire without an attempt." - Unknown AGENDA REGULAR MEETING HERMOSA BEACH CITY COUNCIL Tuesday, September 11, 2001 - Council Chambers, City Hall 1315 Valley Drive, Hermosa Beach Regular Session - 7:10 p.m. Closed Session - Immediately following Regular Session MAYOR CITY CLERK John Bowler Elaine Doerfling MAYOR PRO TEM CITY TREASURER Kathy Dunbabin John M. Workman COUNCIL MEMBERS CITY MANAGER Sam Y. Edgerton Stephen R. Burrell Julie Oakes CITY ATTORNEY J. R. Reviczky Michael Jenkins All council meetings are open to the public. PLEASE ATTEND. The Council receives a packet with detailed information and recommendations on nearly every agenda item. Complete agenda packets are available for public inspection in the Police Department, Fire Department, Public Library, Office of the City Clerk, and the Chamber of Commerce. During the meeting, a packet is also available in the Council Chambers foyer. City Council agendas and staff reports are available for your review on the City's web site located at www.hermosabch.org CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL ANNOUNCEMENTS CLOSED SESSION REPORT FOR MEETING OF AUGUST 28, 2001: NO REPORTABLE ACTIONS. PUBLIC PARTICIPATION: Although the City Council values your comments, the Brown Act generally prohibits the Council from taking action on any matter not listed on the posted agenda. ORAL COMMUNICATIONS • Members of the public wishing to address the City Council on any items within the Council's jurisdiction may do so at this time. (Exception: Comments on public hearing items must be heard during the public hearings.) Members of the public wishing to request the removal of an item from the Consent Calendar may do so at this time. Please limit comments to three minutes. Citizens also may speak: 1) during discussion of items removed from the Consent Calendar; 2) during Public Hearings; and, 3) with the Mayor's consent, during discussion -of items appearing under Municipal Matters; Citizens with comments regarding City management or departmental operations are requested to submit those comments to the City Manager. 1. WRITTEN COMMUNICATIONS NONE 2. CONSENT CALENDAR: The following more routine matters will be acted upon by one vote to approve with the majority consent of the City Council. There will be no separate discussion of these items unless a Council member removes an item from the Consent Calendar. Items removed will be considered under Agenda Item 3, with public comment permitted at that time. (a) Recommendation to approve minutes of the regular meeting of the City Council held on August 28, 2001. (b) Recommendation to ratify check register and to approve cancellation of certain checks as recommended by the City Treasurer. (c) Recommendation to receive and file Tentative Future Agenda Items. (d) Recommendation to adopt resolution amending the Joint Exercise of Powers Agreement with the Independent Cities Risk Management Authority (ICRMA) adding the City of Palm Springs to the ICRMA pool. Memorandum from Personnel Director/Risk Manager Michael Earl dated September 5, 2001. (e) Recommendation to adopt resolution setting and confirming the posted speed limit of 25 miles per hour on Valley Drive between Pier Avenue and 2"d Street. Memorandum from Public Works Director Harold Williams dated September 4, 2001. • • (f) Recommendation to award construction contract for Project No. CIP 01-168, Manhattan Avenue Street Improvements, to Damon Construction Co. of Carson, California, in the amount of 5456,600.00; authorize the Mayor to execute and the City Clerk to attest the construction contract subject to approval by the City Attorney; and, authorize the Director of Public Works to make minor chanzes as necessary within the contingency of 550,000.00. Memorandum from Public Works Director Harold Williams dated September 4, 2001. 3. CONSENT ORDINANCES NONE 4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION * Public comments on items removed from the Consent Calendar. 5. PUBLIC HEARINGS - TO COMMENCE AT 7:30 P.M. NONE 6. MUNICIPAL MATTERS a. PROPOSAL FOR PARKING LOT LEASE AGREEMENT WITH BEST GAS COMPANY. Memorandum from Community Development Director Sol Blumenfeld dated September 5, 2001. RECOMMENDATION: Direct staff as deemed appropriate. b. SOUTH BAY CITIES COUNCIL OF GOVERNMENTS FINAL COMMENTS ON THE DRAFT ENVIRONMENTAL IMPACT REPORT FOR THE LAX PROPOSED MASTER PLAN IMPROVEMENTS. Memorandum from City Manager Stephen Burrell dated September 6, 2001. RECOMMENDATION: Receive the final comments from the SBCCOG and direct staff to forward a letter to the City of Los Angeles incorporating the comments. c. ENCROACHMENT PERMIT FOR 27TH STREET AND OZONE COURT - JAY MITCHELL. Memorandum from City Manager Stephen Burrell dated September 6, 2001. RECOMMENDATION: Approve the amended minutes of the meeting of June 12, 2001. 3 • • d. AGREEMENT FOR SOLID WASTE AND RECYCLABLES COLLECTION, PROCESSING AND DISPOSAL SERVICES. Memorandum from City Manager Stephen Burrell dated September 6, 2001. RECOMMENDATION: Approve the agreement to provide Solid Waste and Recyclables Collection, Processing and Disposal Services with Consolidated Disposal Services, a subsidiary of Republic Services, Inc., effective October 1, 2001 and continuing through September 30, 2008. 7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER NONE 8. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL NONE 9. OTHER MATTERS - CITY COUNCIL Requests from Council members for possible future agenda items: Recommended Action: 1) Vote by Council whether to discuss this item; 2) refer to staff for a report back on a future agenda; or, 3) resolution of matter by Council action tonight. a. Request from Mayor Bowler to direct staffto look into the feasibility of installing a floating dock system on the Pier. ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION AS FOLLOWS: 1. MINUTES: Approval of minutes of Closed Session meeting held on August 28, 2001. 2. CONFERENCE WITH LEGAL COUNSEL The City Council finds, based on advice from legal counsel, that discussion in open session will prejudice the position of the City in the litigation. Existing Litigation: Government Code Section 54956.9(a) a. Name of Case: Macpherson v. City of Hermosa Beach Case Number: BC172546 'p b. Name of Case: Cal Compact Landfill Litigation Shell Chemical Co. v. County of Los Angeles, et al Case Number: USDC Case #CV -00-01917 MRP (MANx) Phillips Petroleum Co. v. County of Los Angeles, et al Case Number: USDC Case #CV -00-1938 MRP (MANx) ADJOURN TO CLOSED SESSION RECONVENE TO OPEN SESSION ORAL ANNOUNCEMENTS ADJOURNMENT • Hermosa Beach Community Center September 11th, 2001 TO THE CITY COUNCIL 1/4S-aJii-ter2-4-- 9- //- A number of residents have approached the Foundation, concerned that the beige/brown/burgundy colors chosen by the City Council to repaint the Community Center, are inappropriate to conserve the Art Deco motive. We contacted the Art Deco Society of Los Angeles, who have been responsible for the restoration of art deco buildings throughout Los Angeles County. Their response is attached. We respectfully request that the City Council reconsider its choice of colors. We would like to help in this process by setting up a committee, comprising of selected members from the Foundation and the Hermosa Beach Historical Society. Assisted by the Art Deco Society of Los Angeles, the committee will be committed to creating a color palette and design which will preserve the architectural integrity of the building. We will then submit the color choices and design for consideration by the City Council. We thank you for considering our request, Jane Stuart President Hermosa Beach Community Center, 710 Pier Avenue, Hermosa Beach, California 90254 (310) 318-3452 9-03-2001 1:32PM MSC otnce Box 072 rouywood. CA. 9c07s (310) 630-1:rCo FROM ART DECO SOCIETY 310 6593326 ••• TIZANSMI`1'1'E D VIA FAX September 8, 2001 Jane Stuart President, Hermosa Arts Foundation Dear Ms. Stuart, On behalf of the Art Deco Society of Los Angeles, I am writing to support your request to the Hermosa Beach City Council for further time to develop an appropriate paint scheme for the Community - Center Building. I understand that brown paint has been chosen; this is not an appropriate color for an Art Deco building, especially one located in a "beach town: Although many believe that pastel colors are the only authentic Deco colors, this is not the case. The Art Deco era was jazzy and fun and dramatic and thereare a wide range of colors and combinations available to you. We will be happy to work with you to develop a scheme that the Arts Foundation and the entire city will be proud of. Painting any structure is a significant project—one you only want to do once and have it last many years. Anything less is fiscally irresponsible. A little extra time at the beginning is worth it to make sure that you get it right. After it's been done, it's too late to say "if only." I am told that someone is donating the funds for the project. This is a great gift to the city and all the more reason to ensure a result that will show your donor that you value his gift and take the project seriously. Increasingly, developers and city officials are recognizing the value of preserving historic buildings and their original colors, or at least designing paint schemes which are historically accurate interpretations. These projects provide community focal points for both residents and visitors and are marketing assets for local businesses. I believe Hermosa Beach (literally "Beautiful Beach") will reap many rewards from an attractive paint design on this important civic building. I wish you much luck before the City Council, who, I'm sure, cannot fail to see the wisdom of your request. We look forward to hearing from you soon and assisting you on this project. P. 1 • • ///0) MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL of the City of Hermosa Beach, California, held on Tuesday, August 28, 2001, at the hour of 7:15 P.M. PLEDGE OF ALLEGIANCE - Councilmember J.R. Reviczky ROLL CALL: Present: Edgerton, Oakes, Reviczky, Mayor Pro Tempore Dunbabin Absent: Mayor Bowler ANNOUNCEMENTS - Councilmember Oakes said she and her daughter enjoyed the wonderful performance of "Into the Woods" at the Hermosa Beach Playhouse last Friday night. Councilmember Reviczky and Mayor Pro Tempore Dunbabin joined her in commending everyone involved for the excellent musical production. Mayor Pro Tempore Dunbabin commented on: (1) the recent Lifeguard's Medal of Valor celebration, noting the impressive service the lifeguards provide; (2) the successful Shakespeare in the Park presentation Sunday of "As You Like It" at Valley Park; and (3) the recent opening of the South Coast Botanic Gardens county park, where one of the main halls is named for Frances Young, one of the founders of the Hermosa Beach Garden Club. She then announced that the next Economic Development meeting, chaired by Joe Marks, would take place in the City Council Chambers Thursday, August 30, 2001 at 7 P.M. CLOSED SESSION REPORT FOR MEETINGS OF JULY 24, 2001 AND JULY 31 2001: No reportable actions. PUBLIC PARTICIPATION: ORAL COMMUNICATIONS Coming forward to address the Council at this time were: Pete Tucker - Hermosa Beach, spoke of the need tomorrow for a painter at the child design project taking place on 10th Street, if anyone in the community was able to donate some time to help, noting this was a great project that would give the City a lot of recognition; requested that consent calendar items 2(v) and (x) be removed for discussion (Councilmember Reviczky said he had been involved from the beginning with the nonprofit organization that has come to Hermosa Beach to do this demonstration project on a child -safe environment with the remodel of a Hermosa Beach home; and acknowledged local architect Jerry Compton for his efforts on the project); Robert Bell - Hermosa Beach, commented on the excellence of the junior lifeguard program, noting the participation of his sons in the program; said the lifeguards do a wonderful job; and City Council Minutes 08-28-01 Page 10606 a, John Hales - Hermosa Beach, spoke of the unsightly appearance of the City Yard from the street; suggested at least raking up the dead leaves and trimming the vines (City Manager Burrell said the ongoing oil project litigation prevented improvement of the site at this time, but that staff would rake up the leaves). 1. • WRITTEN COMMUNICATIONS a. Letter from John Hales regarding Strand walkway safety. Coming forward to address the Council on this item was: John Hales - Hermosa Beach, spoke to his letter. City Manager Burrell responded to Council questions. Action: To direct staff to report back on all options for a comprehensive policy/ordinance on traffic control measures for the Plaza and for the. Strand, particularly at the intersections between 10th Street and 15th Street, including lights, signage, enforcement and speed limits. Motion Oakes, second Reviczky. The motion carried, noting the absence of Mayor Bowler. b. Letter from Ron Felsing requesting revocation of the encroachment permit issued to Jay Mitchell. Coming forward to address the Council on this item was: Ron Felsing - Hermosa Beach, distributed information. City Manager Burrell said the encroachment permit was scheduled to be on the agenda for the meeting of September 11, 2001. No action was taken. c. Letter from Shinichi Nagata, Manager of California Beach Restaurant, requesting a live entertainment permit for a 20th Anniversary Party on Sunday, September 23, 2001 from 5:00pm to 9:00pm. Coming forward to address the Council on this item were: Shinichi Nagata - restaurant manager, came forward to answer questions; and Tony Waybright - assistant manager, said the date of the event had been changed from September 23 to October 14 to allow more time to prepare; said the event would be conducted wholly inside with invited guests only; noted a 142 -person occupancy. City Manager Burrell responded to Council questions. City Council Minutes 08-28-01 Page 10607 Action: To grant the request for a live entertainment permit for a 20th anniversary party at the California Beach Restaurant to take place Sunday, October 14, 2001, from -5 to 9 P.M. Motion Reviczky, second Oakes. The motion carried, noting the absence of Mayor Bowler d. Letter from Jan Koch, General Manager of Nations! Travel Stores, requesting guidance in petitioning amendment of the Hermosa Beach Municipal Code, Section 17.50:080, B-2, Prohibited Signs. Coming forward to address the Council on this item was/were: Jan Koch - Nations! Travel Stores, spoke to his letter. City Attorney Jenkins responded to Council questions. Action: To direct staff to prepare a report on sidewalk signage and refer the issue to the Planning Commission for review and recommendation. Motion Oakes, second Edgerton. The motion carried, noting the dissenting vote of Mayor Pro Tempore Dunbabin and the absence of Mayor Bowler. 2. CONSENT CALENDAR: Action: To approve the consent calendar recommendations (a) through (ii), with the exception of the following items which were removed for discussion in item 3, but are shown in order for clarity: (f) Edgerton, (k) Oakes, (o) Edgerton, (r) Edgerton, (s) Reviczky, (t) Mayor Pro Tem Dunbabin, (u) Mayor Pro Tem Dunbabin, (v) Reviczky for Pete Tucker, (w) Oakes, and (x) Reviczky for Pete Tucker. Motion Reviczky, second Oakes. The motion carried, noting the absence of Mayor Bowler At 8:04 P.M., the order of the agenda was suspended to go to public hearing item 5. (a) RECOMMENDATION TO APPROVE THE FOLLOWING MINUTES: (1) Adjourned Regular meeting held on July 24, 2001; (2) Regular meeting held on July 24, 2001; (3) Adjourned Regular meeting held on July 31, 2001; and (4) Regular meeting held on August 14, 2001. Action: To approve, as presented, the City Council minutes of the Adjourned Regular meeting of July 24, 2001, the Regular meeting of July 24, 2001, the Adjourned Regular meeting of July 31, 2001, and the Regular meeting of August 14, 2001. (Mayor Bowler absent) City Council Minutes 08-28-01 Page 10608 • • (b) RECOMMENDATION TO RATIFY CHECK REGISTER NOS. 25865 THROUGH 26306, NOTING VOIDED CHECK NOS. 25903, 26012, 26023, 26025, 26038 AND 26301, AND TO APPROVE THE CANCELLATION OF CHECK NOS. 25772, 25917, 25983 and 26183 AS RECOMMENDED BY THE CITY TREASURER. Action: To ratify the check register as presented. (Mayor Bowler absent) (c) RECOMMENDATION TO RECEIVE AND FILE TENTATIVE FUTURE AGENDA ITEMS. Action: To receive and file the tentative future agenda items as presented. (Mayor Bowler absent) (d) RECOMMENDATION TO RECEIVE AND FILE THE JULY 2001 FINANCIAL REPORTS: (1) Revenue and expenditure report; (2) City Treasurer's report; and (3) Investment report. Action: To receive and file the July 2001 Financial Reports, as presented. (Mayor Bowler absent) (e) RECOMMENDATION TO RECEIVE AND FILE ACTION MINUTES FROM THE PUBLIC WORKS COMMISSION MEETING OF JULY 11, 2001. Action: To receive and file the action minutes of the July 11, 2001 Public Works Commission meeting. (Mayor Bowler absent) (f) RECOMMENDATION TO ADOPT RESOLUTION AUTHORIZING THE USE OF PARKING RESTRICTIONS WITHIN 100 FEET OF AN INTERSECTION FOR VEHICLES THAT ARE SIX FEET OR MORE IN HEIGHT. Memorandum from Public Works Director Harold Williams dated July 18, 2001. This item was removed from the consent calendar by Councilmember Edgerton for separate discussion later in the meeting. City Manager Burrell responded to Council questions. Coming forward to address the Council on this issue were: Richard Garland - Traffic Engineer, responded to Council questions; said the California Vehicle Code allowed cities to prohibit or restrict vehicles that are six feet or more in height to park within 100 feet of any intersection; and City Council Minutes 08-28-01 Page 10609 (g) Gordon Harvey - Hermosa Beach, spoke of the dangerous situation that large vehicles create when parked at an intersection, regardless of the length of time they are parked there. Action: To approve the staff recommendation to adopt Resolution No. 01- 6163, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AUTHORIZING THE USE OF PARKING RESTRICTIONS WITHIN 100 FEET OF AN INTERSECTION FOR VEHICLES THAT ARE SIX FEET OR MORE IN HEIGHT." Motion Reviczky, second Oakes. The motion carried, noting the absence of Mayor Bowler. RECOMMENDATION TO APPROVE AN ADDITIONAL PAYMENT OF $3,260 TO STEVENS-GARLAND ASSOCIATES, INC. FOR CONTRACT TRAFFIC ENGINEERING SERVICES RENDERED. Memorandum from Public Works Director Harold Williams dated July 25, 2001. Action: To approve an additional payment of $3,260 to Stevens/Garland Associates, Inc: for contract traffic engineering services rendered, as recommended by staff. (Mayor Bowler absent) (h) RECOMMENDATION TO AWARD PROFESSIONAL SERVICES AGREEMENT TO STEVENS-GARLAND ASSOCIATES, INC. FOR PROVIDING CITY TRAFFIC ENGINEERING SERVICES FOR A FEE OF $18,000; AUTHORIZE THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST THE AGREEMENT SUBJECT TO APPROVAL BY THE CITY ATTORNEY; AND, AUTHORIZE STAFF TO NEGOTIATE AN AGREEMENT WITH STEVENS-GARLAND ASSOCIATES, INC. FOR SERVICES IN THE FY 2002-2003. • Memorandum from Public Works Director Harold Williams dated July 23, 2001. (I) Action: To approve the staff recommendation to: (1) Award a Professional Services Agreement to Stevens -Garland Associates, Inc. for providing City Traffic Engineering Services for a fee of $18,000; (2) Authorize the Mayor to execute and the City Clerk to attest the agreement subject to approval by the City Attorney; and, (3) Authorize staff to negotiate an agreement with Stevens -Garland Associates, Inc. for services in the FY 2002-2003. (Mayor Bowler absent) RECOMMENDATION TO AUTHORIZE THE CITY MANAGER TO SIGN A RENEWAL OF CONTRACT AGREEMENT WITH ALL CITY MANAGEMENT SERVICES FOR CROSSING GUARD SERVICES IN THE AMOUNT OF $60,085. Memorandum from Police Chief Michael Lavin dated July 26, 2001. City Council Minutes 08-28-01 Page 10610 • • Action: To authorize the City Manager to sign a renewal of contract agreement with All City Management' Services for crossing guard services in the amount of $60,085, as recommended by staff. (Mayor Bowler absent) (j) RECOMMENDATION TO DENY THE FOLLOWING CLAIM AND REFER IT TO THE CITY'S LIABILITY CLAIMS ADMINISTRATOR. Memorandum from Personnel Director/Risk Manager Michael Earl dated August 8, 2001. Claimant: Phyllis J. Jones Date of Loss: 2/8/01 Date Filed: 8/8/01 Action: To deny the above -noted claim and refer it to the City's Liability Claims Administrator, as recommended by staff. (Mayor Bowler absent) (k) RECOMMENDATION TO AUTHORIZE THE APPROPRIATION FOR FY 2000-01 OF $10,173.28 FROM THE MYRTLE AVENUE UTILITY UNDERGROUNDING DISTRICT IMPROVEMENT FUND FOR THE COMPLETION OF PROJECT NO. CIP 97-182, MYRTLE AVENUE UTILITY UNDERGROUNDING. Memorandum from Public Works Director Harold Williams dated August 6, 2001. This item was removed from the consent calendar by Councilmember Oakes for separate discussion later in the meeting. City Manager Burrell responded to Council questions. Coming forward to address the Council on this issue was: Scott Gobble - Southern Califomia Edison, responded to Council questions; said the invoice covered the installation cost of a temporary system that Edison had to install in order to maintain street lighting in the district; said the temporary system was required because Verizon had not yet completed its work. Action: To direct staff to submit Edison's invoice to Verizon Communications for payment. Motion Oakes, second Edgerton. The motion carried, noting the absence of Mayor Bowler (1) RECOMMENDATION TO DENY THE FOLLOWING CLAIM AND REFER IT TO THE CITY'S LIABILITY CLAIMS ADMINISTRATOR. Memorandum from Personnel Director/Risk Manager Michael Earl dated August 13, 2001. Claimant: Iyad Albitar Date of Loss: 7/25/01 Date Filed: 8/9/01 City Council Minutes 08-28-01 Page 10611 (m) Action: To deny the above -noted claim and refer it to the City's Liability Claims Administrator, as recommended by staff. (Mayor Bowler absent) RECOMMENDATION TO APPROVE THE DECISION OF THE PUBLIC WORKS COMMISSION TO SUPPORT THE REQUEST FOR A CONCRETE SWALE AT THE EDGE OF PAVEMENT AT 520 - 24TH PLACE FOR STREET IMPROVEMENTS. Memorandum from Public Works Director Harold Williams dated August 9, 2001. Action: To approve the Public Works Commission's decision to support the request for a concrete swale at the edge of pavement at 520 - 24th Place for street improvements. (Mayor Bowler absent) (n) RECOMMENDATION TO RECEIVE AND FILE PROJECT STATUS REPORT. Memorandum from Public Works Director Harold Williams dated August 15, 2001. Action: To receive and file the status report of capital improvement projects currently under design or construction, as recommended by staff. (Mayor Bowler absent) (o) RECOMMENDATION TO APPROVE PROFESSIONAL SERVICES AGREEMENT NO. 01.003 WITH JOHN L. HUNTER & ASSOCIATES, INC. TO ADMINISTER THE CITY'S MUNICIPAL STORM WATER PROGRAM AND IMPLEMENT NPDES PERMIT REQUIREMENTS FOR AN ANNUAL AMOUNT OF $49,262, AND TO AUTHORIZE THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST THE CONTRACT SUBJECT TO APPROVAL BY THE CITY ATTORNEY: Memorandum from Public Works Director Harold Williams dated July 31, 2001. This item was removed from the consent calendar .by Councilmember Edgerton for separate discussion later in the meeting. City Manager Burrell responded to Council questions. Action: To approve the staff recommendation to: (1) Approve Professional Services Agreement No. 01.003 with John L. Hunter & Associates, Inc. to administer the City's Municipal Storm Water Program and implement NPDES (National Pollutant Discharge Elimination System) permit requirements for an annual amount of $49,262; and (2) Authorize the Mayor to execute and the City Clerk to attest the contract, subject to approval by the City Attorney. Motion Reviczky, second Oakes. The motion carried, noting the dissenting vote of Edgerton, and the absence of Mayor Bowler.. City Council Minutes 08-28-01 Page 10612 (P) (q) RECOMMENDATION TO APPROVE RATE INCREASE FOR CITY PROSECUTOR SERVICES FROM $6,560 TO $6,800 PER MONTH AND AUTHORIZE CITY MANAGER TO EXECUTE AGREEMENT. Memorandum from City Manager Stephen Burrell dated August 14, 2001. Action: To approve rate increase for City Prosecutor services from $6,560 to $6,800 per month and authorize City . Manager to execute agreement, as recommended by staff. (Mayor Bowler absent) RECOMMENDATION TO ACCEPT THE WORK BY ACE FENCE COMPANY FOR PROJECT NO. CIP 99-627, COMMUNITY CENTER IMPROVEMENTS -FENCING; AUTHORIZE THE MAYOR TO SIGN THE NOTICE OF COMPLETION; AND, AUTHORIZE STAFF TO RELEASE PAYMENT TO ACE FENCE COMPANY (10% RETAINED FOR 35 DAYS FOLLOWING FILING OF NOTICE OF COMPLETION). Memorandum from Public Works Director Harold Williams dated August 14, 2001. Action: To approve the staff recommendation to: (1) Accept the work by Ace Fence Company for Project No. CIP 99-627, Community Center Improvements -Fencing; (2) Authorize the Mayor to sign the Notice of Completion; and (3) Authorize staff to release payment to Ace Fence Company (10% retained for 35 days following filing of Notice of Completion). (Mayor Bowler absent) (r) RECOMMENDATION TO ACCEPT A DONATION OF $8,000 FROM CHEVRON TO BE USED FOR THE ANNUAL SURF CAMP. Memorandum from Finance Director Viki Copeland dated August 16, 2001. This item was removed from the consent calendar by Councilmember Edgerton for separate discussion later in the meeting in order to publicly acknowledge and thankthe donor. Action: To accept the donation of $8,000 from Chevron to be used for the annual Surf Camp (with $3,560 to be appropriated to FY 2000-01, and $4,440 to be appropriated to FY 2001-02). Motion Reviczky, second Edgerton. The motion carried, noting the absence of Mayor Bowler. (s) RECOMMENDATION TO RE -APPROPRIATE $146,972 FROM THE 301 CAPITAL IMPROVEMENT FUND FY 2000-01; RE -APPROPRIATE $110,000 FROM THE 150 STIP FUND FY 2000-01; APPROVE SUPPLEMENTAL AGREEMENT NO. 1 BETWEEN THE CITY AND NORBEST INC. FOR $21,100 FOR PROJECT NO. CIP 00-171, ARDMORE AVENUE STREET IMPROVEMENT - VARIOUS LOCATIONS; AUTHORIZE City Council Minutes 08-28-01 Page 10613 • • THE CITY MANAGER AND THE DIRECTOR OF PUBLIC WORKS/CITY ENGINEER TO EXECUTE THE SUPPLEMENTAL AGREEMENT; AND, AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO MAKE MINOR CHANGES AS NECESSARY WITHIN THE CONTINGENCY OF $2,110. Memorandum from Public Works Director Harold Williams dated August 14, 2001. This item was removed from the consent calendar by Councilmember Reviczky for separate discussion later in the meeting. Public Works Director Williams responded to Council questions. Action: To approve the staff recommendation to: (1) Re -appropriate $146,972 from the 301 Capital Improvement Fund FY 2000-01; (2) Re -appropriate $110,000 from the 150 STIP Fund FY 2000-01; (3) Approve Supplemental Agreement No. 1 between the City and Norbest Inc. for $21,100 for Project No. CIP 00-171, Ardmore Avenue Street Improvement - various locations; (4) Authorize the City Manager and the Director of Public Works/City Engineer to execute the Supplemental Agreement; and (5) Authorize the Director of Public Works to make minor changes as necessary within the contingency of $2,110. Motion Reviczky, second Oakes. The motion carried, noting the absence of Mayor Bowler.. (t) RECOMMENDATION TO ADOPT RESOLUTION DESIGNATING PARKING TIME LIMITS ON CERTAIN STREETS FOR STREET SWEEPING PURPOSES. Memorandum from Public Works Director Harold Williams dated August 15, 2001. This item was removed from the consent calendar by Mayor Pro Tempore Dunbabin for separate discussion later in the meeting. Public Works Director Williams responded to Council questions. Action: To approve the staff recommendation to adopt Resolution No. 01- 6164, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DESIGNATING PARKING TIME LIMITS ON CERTAIN STREETS FOR STREET SWEEPING PURPOSES." Motion Mayor Pro Tempore Dunbabin, second Reviczky. The motion carried, noting the absence of Mayor Bowler. • (u) RECOMMENDATION TO RECEIVE AND FILE STATUS REPORT ON PROJECT NO. CIP 97-182 MYRTLE AVENUE UNDERGROUNDING AND PROJECT NO. CIP 97-183 LOMA DRIVE UNDERGROUNDING. City Council Minutes 08-28-01 Page 10614 Memorandum from Public Works Director Harold Williams dated August 16, 2001. This item was removed from the consent calendar by Mayor Pro Tempore Dunbabin for separate discussion later in the meeting. Public Works Director Williams presented the status report. Action: To receive and file the status report on Project No. CIP 97-182 Myrtle Avenue Undergrounding and Project No. CIP 97-183 Loma Drive Undergrounding, as recommended by staff. Motion Mayor Pro Tempore Dunbabin, second Reviczky. The motion carried, noting the absence of Mayor Bowler. (v) RECOMMENDATION TO APPROVE PAYMENT OF $7,150.20 TO LOS ANGELES ENGINEERING FOR QUANTITY ADJUSTMENTS FOR PROJECT NO. CIP 99-144 STRAND BIKEWAY AND PEDESTRIAN WALKWAY BETWEEN 24TH STREET AND 35TH STREET. Memorandum from Public Works Director Harold Williams dated July 23, 2001. This item was removed from the consent calendar by Councilmember Reviczky, at the request of Pete Tucker, for separate discussion later in the meeting. Coming forward to address the Council on this item was: Pete Tucker - Hermosa Beach, said the stairway was not handicap compliant; submitted a bag of debris left in the sand from work on the Strand (Councilmember Reviczky noted that Council direction last month required them to sift the sand). City Manager Burrell responded to Council questions, noting he would contact the firm about cleaning the area and would talk to the County as well. Action: To approve payment of $7,150.20 to Los Angeles Engineering for quantity adjustments for Project No. CIP 99-144 Strand Bikeway and Pedestrian walkway between 24th Street and 35th Street, as recommended by staff. Motion Reviczky, second Oakes. The motion carried, noting the absence of Mayor Bowler. RECOMMENDATION TO APPROVE THE THIRD AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT (PROJECT NO. CIP 95-507. VALLEY PARK IMPROVEMENTS) IN THE AMOUNT OF $7,700 BETWEEN THE CITY AND DAVID EVANS & ASSOCIATES, INC; APPROVE ADDITIONAL REIMBURSEMENT EXPENSES IN THE AMOUNT OF $2,000; AND, AUTHORIZE THE CITY CLERK TO ATTEST AND THE City Council Minutes 08-28-01 Page 10615 (w) ✓ • • MAYOR TO EXECUTE SAID AMENDMENT TO THE AGREEMENT UPON APPROVAL AS TO FORM BY THE CITY ATTORNEY_ Memorandum from Public Works Director Harold Williams dated August 14, 2001. This item was removed from the consent calendar by Councilmember Oakes for separate discussion later in the meeting. Coming forward to address the Council on this item was: Kim Rhodes - David Evans & Associates, Inc., responded to Council questions; said she thought there would be a decrease rather than an increase in the construction costs; corrected their letter, noting the cost for item 1 was inadvertently shown at the end of the preceding paragraph, and the cost of item 2 was inadvertently shown at the end of item 1. City Manager Burrell responded to Council questions. Action: To: (1) Approve the Third Amendment to the Professional Services Agreement between the City and David Evans & Associates, Inc., in the amount of $5,535, as amended to exclude item 4 ($1,225) and item 8 ($940) as shown in the firm's letter identified as "Attachment 2"; (2) Approve additional reimbursement expenses in the amount of $2,000; (3) Authorize the City Clerk to attest and the Mayor to execute said _ amendment to the agreement upon approval as to form by the City Attorney; and (4) Direct staff to bring back additional back-up information to determine whether or not the items excluded above are legitimate costs. Motion Oakes, second Reviczky. The motion carried, noting the absence of Mayor Bowler. (x) RECOMMENDATION TO APPROVE THE THIRD AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY AND QUANTUM CONSULTING FOR CONTRACT ADMINISTRATION AND INSPECTION SERVICES RENDERED WITH THE CONSTRUCTION OF LOMA DRIVE UNDERGROUND UTILITY DISTRICT IN AN AMOUNT NOT TO EXCEED $25,000; AND AUTHORIZE THE CITY CLERK TO ATTEST AND THE MAYOR TO EXECUTE SAID AMENDMENT TO THE AGREEMENT UPON APPROVAL AS TO FORM BY THE CITY ATTORNEY. Memorandum from Public Works Director Harold Williams dated August 15, 2001. This item was removed from the consent calendar by Councilmember Reviczky, at the request of Pete Tucker, for separate discussion later in the meeting. City Council Minutes 08-28-01 Page 10616 • • Coming forward to address the Council on this item was: Pete Tucker - Hermosa Beach, expressed concern about the continuing costs for the project; and Name Indistinct - Loma Drive resident, expressed concern about the use of money from the assessment district funds; City Manager Burrell responded to Council questions, noting that the cost was for inspection services, not for work done by the utilities; said the residents would not be assessed again. (y) Action: To approve the staff recommendation to: (1) Approve the Third Amendment to the Professional Services Agreement between the City and Quantum Consulting for contract administration and inspection services associated with the construction of Loma Drive Underground Utility District in an amount not to exceed $25,000; (2) Appropriate $25,000 from the 308 Loma Drive Utility Undergrounding Fund; and (3) Authorize the City Clerk to attest and the Mayor to execute said amendment to the agreement upon approval as to form by the City Attorney. Motion Reviczky, second Oakes. The motion carried, noting the absence of Mayor Bowler. RECOMMENDATION TO RECEIVE AND FILE ACTION MINUTES FROM THE PARKS, RECREATION AND COMMUNITY RESOURCES ADVISORY COMMISSION MEETING OF AUGUST 7,2001. Action: To receive and file the action- minutes from the August 7, 2001 Parks, Recreation and Community Resources Advisory Commission meeting. (Mayor Bowler absent) (z) RECOMMENDATION TO APPROVE LEASE RENEWAL AGREEMENTS BETWEEN THE CITY AND THE ASSOCIATION FOR RETARDED CITIZENS, EASTER SEALS SOCIETY AND CITY OF REDONDO BEACH/SOUTH BAY YOUTH PROJECT FOR SPACE IN THE COMMUNITY CENTER. Memorandum from Community Resources Director Mary Rooney dated August 21, 2001. Action: To approve, as recommended by staff, the following one-year lease renewal agreements for space in the Community Center: (1) Association for Retarded Citizens - Rooms 1, 2 and 15 (2,660 square feet) at a monthly rent of $3,005.80 from October 1, 2001 through June 30, 2002 (rate of $1.13/sq.ft.), and the rent for July 1 through September 30, 2002 at a rate to be determined; City Council Minutes 08-28-01 Page 10617 • • (2) Easter Seals Society - Room 14 ((920 square feet) - at a monthly rent of $1,039.60 from October 1, 2001 through June 30, 2002 (rate of $1.13/sq.ft.), and the rent for July 1 through September 30, 2001 at a rate to be determined; and (3) City of Redondo Beach/South Bay Youth Project - Room 6A - (166 square feet) - at a monthly rent of $187.58 from October 1, 2001 through June 30, 2002 (rate of $1.13/sq.ft.), and the rent for July 1 through September 30, 2001 at a rate to be determined. (Mayor Bowler absent) (aa) RECOMMENDATION TO APPROVE LEASE AGREEMENT BETWEEN THE CITY AND THE COMMUNITY CENTER FOUNDATION FOR ROOM 6C IN THE COMMUNITY CENTER. Memorandum from Community Resources Director Mary Rooney dated August 21, 2001. Action: To approve the one-year lease agreement between the City and the Community Center Foundation for Room 6C (192 sq.ft.) in the Community Center, and to waive the monthly rental fee ($216.96 from October 1, 2001 through June 30, 2002 and yet to be determined for July 1 through September 30, 2002), as recommended by staff. (Mayor Bowler absent) (bb) RECOMMENDATION TO ADOPT RESOLUTION APPROVING FINAL MAP #25750 FOR A TWO -UNIT CONDOMINIUM PROJECT AT 601 SECOND STREET. Memorandum from Community Development Director Sol Blumenfeld dated August 20, 2001. Action: To approve the staff recommendation to adopt Resolution No. 01- 6159, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, GRANTING APPROVAL OF FINAL PARCEL MAP #25750 FOR A TWO -UNIT CONDOMINIUM PROJECT LOCATED AT 601 SECOND STREET, HERMOSA BEACH, CALIFORNIA." (Mayor Bowler absent) (cc) RECOMMENDATION TO ADOPT RESOLUTION APPROVING FINAL MAP #25473 FOR A TWO -UNIT CONDOMINIUM PROJECT AT 1041 MONTEREY/1042 BAYVIEW DRIVE. Memorandum from Community Development Director Sol Blumenfeld dated August 20, 2001. Action: To approve the staff recommendation to adopt Resolution No. 01- 6160, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, GRANTING APPROVAL OF FINAL PARCEL MAP #25473 FOR A TWO -UNIT CONDOMINIUM PROJECT LOCATED AT 1041 MONTEREY BOULEVARD/1042 BAYVIEW DRIVE. HERMOSA BEACH, CALIFORNIA." (Mayor Bowler absent) City Council Minutes 08-28-01 Page 10618 • • (dd) RECOMMENDATION TO ADOPT RESOLUTION DESIGNATING THE INTERSECTION OF HERMOSA AVENUE AND 14TH COURT AS A ONE- WAY STOP CONTROL INTERSECTION. Memorandum from Public Works Director Harold Williams dated August 20, 2001. Action: To approve the staff recommendation to adopt Resolution No. 01- 6161, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DESIGNATING THE INTERSECTION OF HERMOSA AVENUE AND 14th COURT AS A ONE-WAY STOP CONTROL INTERSECTION." (Mayor Bowler absent) (ee) RECOMMENDATION TO APPROVE FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY AND DAVID EVANS AND ASSOCIATES FOR LANDSCAPE ARCHITECTURAL SERVICES ON AN "AS NEEDED" BASIS IN THE AMOUNT OF $6,880 AND AUTHORIZE THE CITY CLERK TO ATTEST AND THE MAYOR TO EXECUTE SAID AGREEMENT UPON APPROVAL AS TO FORM BY THE CITY ATTORNEY. Memorandum from Public Works Director Harold Williams dated August 21, 2001. (ff) (gg) Action: To approve the staff recommendation to: (1) Approve the First Amendment to the Professional Services Agreement between the City and David Evans and Associates for landscape architectural services on an "as needed" basis in the amount of $6,880; and (2) Authorize the City Clerk to attest and the Mayor to execute said agreement upon approval as to form by the City Attorney. (Mayor Bowler absent) RECOMMENDATION TO RECEIVE AND FILE ACTION MINUTES FROM THE PLANNING COMMISSION MEETING OF AUGUST 21, 2001. Action: To receive and file the action minutes from the August 21, 2001 Planning Commission meeting. (Mayor Bowler absent) RECOMMENDATION TO APPROVE THE RENEWAL OF THE CITY FLAG DISPLAY PROGRAM FOR PCH AND DOWNTOWN FOR 4TH OF JULY, VETERAN'S DAY AND MEMORIAL DAY; APPROPRIATE $5,516.85 FROM PROSPECTIVE EXPENDITURES TO PAY GOLD GRAPHICS ($4,826.85 OF TOTAL EXPENDITURE TO PURCHASE NEW FLAGS AND HARDWARE, AND THE REMAINING $690 FOR INCREASED INSTALLATION COSTS); AND AUTHORIZE STAFF TO RETAIN GOLD GRAPHICS TO HANG AND REMOVE FLAGS THREE TIMES PER YEAR AT A COST OF $1,430 PER INSTALLATION/REMOVAL. Memorandum from Community Resources Director Mary Rooney dated August 21, 2001. City Council Minutes 08-28-01 Page 10619 • • Action: To approve the staff recommendation to: (1) Approve the renewal of the City flag display program for Pacific Coast Highway and downtown for the 4th of July, Veteran's Day and Memorial Day; (2) Appropriate $5,516.85 from prospective expenditures to pay Gold Graphics ($4,826.85 of total expenditure to purchase new flags and hardware, and the remaining $690 for increased installation costs); and (3) Authorize staff to retain Gold Graphics to hang and remove flags three times per year at a cost of $1,430 per installation/removal. (Mayor Bowler absent) (hh) RECOMMENDATION TO RECEIVE AND FILE ACTION MINUTES FROM THE PUBLIC WORKS COMMISSION MEETING OF AUGUST 8, 2001. Action: To receive and file the action minutes of the August 8, 2001 Public Works Commission meeting. (Mayor Bowler absent) (ii) RECOMMENDATION TO APPROVE CONTRACT AMENDMENTS FOR SERVICES PROVIDED BY PLANNING CONSULTANT RESEARCH (PCR) SERVICES CORPORATION WHICH HANDLES THE BIJOU BUILDING PLAN REVIEW AND LAWRENCE & ASSOCIATES WHICH IS PROVIDING PLANNING SERVICES AS PART OF THE TYCOM CABLE PROJECT. Memorandum from City Manager Stephen Burrell dated August 22, 2001. Supplemental information received from the Community Development Department received August 28, 2001. Action: To approve, as recommended by staff, contract amendments for services provided by: (1) Planning Consultant Research (PCR) Services Corporation, which handles the Bijou building plan review; and (2) Lawrence & Associates, which is providing planning services as part of the Tycom Cable Project. (Mayor Bowler absent) 3. CONSENT ORDINANCES - None Hermosa Beach Boy Scouts, in attendance to earn their communication merit badges, came forward to introduce themselves, and were given City pins. 4. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE DISCUSSION Items (f), (k), (o), (r), (s), (t), (u), (v), (w) and (x) were heard at this time but are shown in order for clarity. Item (k) was heard last, after the arrival of Edison's representative. City Council Minutes 08-28-01 Page 10620 Public comments on items removed from the Consent Calendar are shown under the appropriate item. The meeting recessed at 9:40 P.M. The meeting reconvened at 9:55 P.M., with item 6. 5. PUBLIC HEARINGS a. EXPENDITURE OF 10% OF LOS ANGELES COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS FOR THE GENERAL ADMINISTRATION OF PROJECTS FUNDED THROUGH THE CDBG PROGRAM. Memorandum from Community Development Director Sol Blumenfeld dated August 22, 2001. (Continued from meeting of July 24, 2001) Community Development Director Blumenfeld presented the staff report and responded to Council questions. The public hearing opened at 8:05 P.M. As no one came forward to address the Council on this item, the public hearing closed at 8:05 P.M. Action: To . approve by minute order the allocation and expenditure of $14,406 from the City's Community Development Block. Grant (CDBG) allocated funds for Fiscal Year 2001-02 for the general administration of projects funded through the CDBG program, as recommended by staff. Motion Reviczky, second Oakes. The motion carried, noting the absence of Mayor Bowler. b. ADOPTION OF A RESOLUTION CERTIFYING COMPLIANCE WITH THE CONGESTION MANAGEMENT PROGRAM (CMP) PURSUANT TO GOVERNMENT CODE SECTION 65089. Memorandum from Community Development Director Sol Blumenfeld dated July 31, 2001. Community Development Director Blumenfeld presented the staff report and responded to Council questions. The public hearing opened at 8:10 P.M. As no one came forward to address the Council on this item, the public hearing closed at 8:10 P.M. Action: To approve the staff recommendation to adopt Resolution No. 01- 6162, entitled "A RESOLUTION OF THE CITY OF HERMOSA BEACH CALIFORNIA, FINDING THE CITY TO BE IN CONFORMANCE WITH THE CONGESTION MANAGEMENT PROGRAM (CMP) AND ADOPTING THE CMP LOCAL IMPLEMENTATION REPORT, IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTION 65089." City Council Minutes 08-28-01 Page 10621 • • Motion Reviczky, second Edgerton. The motion carried, noting the absence of Mayor Bowler. c. AMENDMENT TO COMMUNITY DEVELOPMENT BLOCK GRANT 2001- 2002 PROGRAM ALLOCATING $9,000 TO UTILITY UNDERGROUNDING PROJECT ASSISTANCE FOR LOW AND MODERATE INCOME HOUSEHOLDS. Memorandum from Community Development Director Sol Blumenfeld dated August 2, 2001. Community Development Director Blumenfeld presented the staff report and responded to Council questions. The public hearing opened at 8:12 P.M. Coming forward to address the Council on this item was: • Robert Bell - Hermosa Beach, questioned how the City determined who qualified for assistance. The public hearing closed at 8:16 P.M. Action: To approve by minute order the allocation and expenditure of $9,000 from the City's Community Development Block Grant (CDBG) unallocated funds to the utility undergrounding project for assistance to low and moderate income households, as recommended by staff. Motion Reviczky, second Edgerton. The motion carried, noting the absence of Mayor Bowler. 6. MUNICIPAL MATTERS a. REQUEST FOR THREE-WAY STOP- ON VALLEY DRIVE AT 11TH STREET. Memorandum from Public Works Director Harold Williams dated July 30, 2001. Public Works Director Williams presented the staff report and responded to Council questions. City Manager Burrell also responded to Council questions. Coming forward to address the Council on this item were: Richard Garland - Traffic Engineer, said he conducted a technical analysis of the request and concluded that a stop sign was not warranted at this intersection based on the standard Caltrans criteria for traffic and pedestrian volumes and accident statistics; and Mary Lou Weiss - Hermosa Beach, spoke in support of the three-way stop for safety reasons; also expressed concern about the high speed of traffic in that area, noting that a three-way stop would help slow the traffic. City Council Minutes 08-28-01 Page 10622 Action: To adopt Resolution No. 01-6165, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DESIGNATING THE INTERSECTION OF VALLEY DRIVE AND 11TH STREET AS A THREE-WAY STOP CONTROL INTERSECTION." Motion Edgerton, second Reviczky: The motion carried, noting the absence of Mayor Bowler. Further Action: To reduce the speed limit on Valley Drive from 35 miles per hour to 25 miles per hour. Motion Oakes, second Edgerton. The motion carried, noting the absence of Mayor Bowler. b. APPROVAL OF "PICNIC IN THE OUTFIELD" AT CLARK STADIUM. Memorandum from Community Resources Director Mary Rooney dated August 7,2001. Supplemental information from the Community Resources Department received August 28, 2001. Community Resources Director Rooney presented the staff report and responded to Council questions. Action: To approve the recommendation of staff and the Parks, Recreation and Community Resources Advisory Commission to: (1) Approve the request to hold the Community Picnic on September 22, 2001, at Clark Stadium between the hours of 11 A.M. -4 P.M.; and (2) Appropriate funds from donations expense account to the "Picnic in - the Outfield." Motion Reviczky, second Oakes. The motion carried, noting the absence of Mayor Bowler. c. STATUS REPORT - SOLID WASTE COLLECTION PROPOSALS. Memorandum from City Manager Stephen Burrell dated August 23, 2001. City Manager Burrell presented the staff report and responded to Council questions. Action: To approve the staff recommendation to: (1) Receive and file the status report; (2) Direct the City Manager to provide a 30 -day notice to Browning Ferris Industries Inc. (BFI) and authorize a letter of appreciation for the Mayor's signature for their service to the City; and (3) Direct the City Manager to return at the September 11; 2001 meeting with a completed franchise agreement with Consolidated Disposal Services, to be effective October 1, 2001. Motion Edgerton, second Reviczky. The motion carried, noting the absence of Mayor Bowler. City Council Minutes 08-28-01 Page 10623 d. PROJECT NO. CIP 95-622, CITY HALL REMODEL - ADA UPGRADES, AWARD CONSTRUCTION CONTRACT. Memorandum from Public Works Director Harold Williams dated August 13, 2001. Supplemental letter from • James Lissner received August 27, 2001. Public Works Director Williams presented the staff report and responded to Council questions. City Manager Burrell and City Attorney Jenkins also responded to Council questions. Proposed Action: To approve the staff recommended items 1, 2, 3, 5 and 6; to direct staff to provide information on funding sources for alternatives 1, 4 and 5 when the item is brought back at the next meeting, with appropriations to cover the costs; and to direct staff to have the electrical service for the building redesigned with the vault to be placed in the street rather than above -ground in the parking lot at the site across the street. Motion Reviczky, second Edgerton. The motion was amended to approve staff recommended item 7 as well, and was then subsequently withdrawn. Action: To approve the following staff recommended items (1-3 and 5-7): (1) Award the construction contract to Corona Constructors of Corona, California, based upon their lowest responsible base bid of $849,648; (2) Waive the irregularities in Corona Constructors' bid; (3) Reject the protest of the third lowest bidder, Allied Engineering & Construction, Inc.; (5) Remove the appropriation of $53,000 from CIP 95-622 Fund since the police station is no longer included in the scope of the project; (6) Authorize the Mayor to execute and the City Clerk to attest the construction contract, subject to approval by the City Attorney; and (7) Authorize the Director of Public Works to issue change orders within the approved budget, not to exceed $934,613; to appropriate $934,613 for the base bid, using existing funds appropriated in the 2001-02 budget for r the project and a supplemental appropriation from the fund balance of the Capital Projects Fund to total the base bid amount; to direct staff to bring the item back at the next meeting for Council review of the five alternatives listed in the staff report (mechanical screen for roof; Council Chambers work including mechanical and electrical, sink and required plumbing in foyer, re -roof of building, lease of temporary modulars for use by staff during remodeling process) and funding sources; and to direct staff to report back at a future meeting on the location of the transformer to ensure it is not in the way of any future development across the street. Motion Edgerton, second Oakes. The motion carried, noting the absence of Mayor Bowler. 7. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER City Council Minutes 08-28-01 Page 10624 • • a. APPOINTMENT TO SOUTH BAY WORKFORCE INVESTMENT BOARD - JANICE WEBB OF CAL FED BANK, HERMOSA BEACH. Memorandum from City Manager Stephen Burrell dated August 14, 2001. City Manager Burrell presented the staff report and responded to Council questions. Action: To appoint Janice Webb of Cal Fed Bank as a representative of the City's business community to the South Bay Workforce Investment Board, as recommended by staff. Motion Edgerton, second Reviczky. The motion carried, noting the absence of Mayor Bowler. b. HR -2107 - "END GRIDLOCK AT OUR NATION'S CRITICAL AIRPORTS ACT OF 2001." Memorandum from City Manager Stephen Burrell dated August 14, 2001. City Manager Burrell presented the staff report and responded to Council questions. Action: To authorize a letter to Subcommittee Chair and Representative Jane Harmon against the proposed federal legislation to take away from localities all jurisdiction with regard to airports, as the elimination of local control could significantly impact the City if approved. Motion Edgerton, second Reviczky. The motion carried, noting the absence of Mayor Bowler. c. SPECIAL MEETING FOR PIER FINAL DESIGN FOR THURSDAY, SEPTEMBER 20, 2001 AT 7:00 P.M. - Memorandum from City Manager Stephen Burrell dated August 22, 2001. City Manager Stephen Burrell responded to Council questions. Action: It was the consensus of the Council to schedule a special meeting for 7:10 P.M. Monday, September 24, 2001, for the review and approval of Phase III Pier Improvements. (Mayor Bowler absent) 8. MISCELLANEOUS ITEMS AND REPORTS - CITY COUNCIL - None 9. OTHER MATTERS - CITY COUNCIL a. Request of Mayor Pro Tem Dunbabin for discussion of New Years Eve celebration. Mayor Pro Tern Dunbabin.spoke to her request. City Council Minutes 08-28-01 Page 10625 Action: To agendize the item and direct staff to prepare a report on the program and funding, including the costs from the last event. Motion Reviczky, second Oakes. The motion carried, noting the absence of Mayor Bowler. ANNOUNCEMENT IN OPEN SESSION OF ITEMS TO BE DISCUSSED IN CLOSED SESSION AS FOLLOWS: 1. MINUTES: (a) Approval of minutes of Closed Session meeting held on July 24, 2001; and (b) Approval of minutes of Closed Session meeting held on July 31, 2001. 2. CONFERENCE WITH LEGAL COUNSEL The City Council finds, based on advice from legal counsel, that discussion in open session will prejudice the position of the City in the litigation. Existing Litigation: Government Code Section 54956.9(a) a. Name of Case: Macpherson v. City of Hermosa Beach Case Number: BC172546 ADJOURN TO CLOSED SESSION - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, August 28, 2001, at the hour of 11:15 P.M. to a closed session. RECONVENE TO OPEN SESSION - The Closed Session convened at the hour of 11:20 P.M. At the hour of 11:55 P.M., the Closed Session adjourned to the Regular Meeting. ORAL ANNOUNCEMENTS - There were no decisions made requiring a public announcement. ADJOURNMENT - The Regular Meeting of the City Council of the City of Hermosa Beach adjourned on Tuesday, August 28, 2001, at the hour of 11:56 P.M. to the Regular Meeting on Tuesday, September 11, 2001, at the hour of 7:10 P.M. City Clerk City Council Minutes 08-28-01 Page 10626 VOUCHRE2 08/23/01 17:44 VOUCHER/ CHECK CHECK NUMBER DATE VENDOR VENDOR NUMBER NAME 26307 08/23/01 011071 NICOLAS ALCALA 26308 08/23/01 006827 ALL CITY MANAGEMENT 26309 08/23/01 009836 MARGUERITE L. BAIERSKI 26310 08/23/01 000252 BEACH TRAVEL CITY OF HERMOSA BEACH VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION CITATION REFUND SCHOOL CRSSG GD SERV/7/15-28 SCHOOL CRSSG GD SERV/7/1-14 SUMMER INSTRUCTOR/TG-002 SUMMER INSTRUCTOR/TG-005 SUMMER INSTRUCTOR/GY-002 SUMMER INSTRUCTOR/GY-005 SUMMER INSTRUCTOR/GY-008 AIRFARE/ROONEY 26311 08/23/01 009085 BLACKMORE MASTER DISTRI PRISONER MEALS CREDIT 26312 08/23/01 009104 TRACY BLENDER SUMMER INSTRUCTOR/BM-001 SUMMER INSTRUCTOR/PM-001 SUMMER INSTRUCTOR/PM-002 26313 08/23/01 010528 BLODGETT/BAYLOSIS ASSOC GENERAL PLAN SURVEY/00/01 26314 08/23/01 006409 BLUE DIAMOND MATERIALS ASPHALT PURCHASE/AUG 2001 26315 08/23/01 007109 ADAM BURT 26316 08/23/01 000034 BUSINESS SYSTEMS CORPOR 26317 08/23/01 010660 CALIFORNIA HIGHWAY PATR SUMMER INSTRUCTOR/MC-012 SUMMER INSTRUCTOR/YT-041 PAYROLL TIME SHEETS/2001 4 CHP OFFICERS/4TH OF JULY 01 26318 08/23/01 000262 CALIFORNIA MARKING DEVI STAMP ~ 26319 08/23/01 000016 CALIFORNIA WATERSERVIC WATER BILLING/JULY 2001 WATER BILLING/JULY 2001 WATER BILLING/JULY 2001 WATER BILLING/JULY 2001 26320 08/23/01 010488 CLEARS 2001 CONFERENCE REGISTRATION/MILLER 26321 08/23/01 008811 DIANE CLEARY 26322 08/23/01 005595 COACH USA 26323 08/23/01 008730 COMMUNICATIONS CENTER MINUTES/TRANSCRIPTIONS/7/2001 BUS/HUNTINGTON LIBRARY RADAR SERVICED/AUG 2001 26324 08/23/01 009614 CONTINENTAL MAPPING SER 300' NOTICING/AUG 2001 26325 08/23/01 007809 CORPORATE EXPRESS COPY HOLDER OFFICE SUPPLIES/AUG 2001 ACCOUNT NUMBER . 110-3302 001-2102-4201 001-2102-4201 001-4601-4221 001-4601-4221 001-4601-4221 001-4601-4221 001-4601-4221 001-4601-4317 001-2101-4306 001-2101-4306 001-4601-4221 001-4601-4221 001-4601-4221 001-2020 001-3104-4309 001-4601-4221 001-4601-4221 001-1202-4305 153-2106-4251 001-4201-4305 105-2601-4303 001-6101-4303 001-4204-4303 109-3304-4303 001-2101-4317 001-4101-4201 145-3409-4201 715-2101-4311 001-4101-4201 001-2020 001-1208-4305 PAGE 1 ITEM CHECK AMOUNT AMOUNT 20.00 20.00 585.12 621.69 1,206.81 235.20 294.00 409.50 63.00 157.50 1,159.20 135.50 135.50 92.24 17.28- 74.96 928.20 918.40 546.00 2,392.60 4,258.00 4,258.00 190.16 190.16 175.00 88.20 263.20 250.09 250.09 1,849.98 1,849.98 25.92 25.92 1,007.23 8,999.34 595.14 80.12 10,681.83 225.00 225.00 180.00 180.00 434.66 434.66 75.00 75.00 998.00 998.00 9.75 504.99 514.74 2b VOUCHRE2 08/23/01 17:44 VOUCHER/ CHECK CHECK VENDOR VENDOR NUMBER DATE NUMBER NAME 26326 08/23/01 007627 JIM CUBBERLY CITY OF HERMOSA BEACH VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION SUMMER INSTRUCTOR/MC-014 26327 08/23/01 000146 DANONE WATER OF NORTH A DRINKING WATER/7/24 & 8/07/01 26328 08/23/01 000364 DEPARTMENT OF JUSTICE 26329 08/23/01 FINGERPRINTING/APRIL2001 FINGERPRINTING/APRIL 2001 FINGERPRINTING/PERSONNEL 8/01 004394 DIVERSIFIED PHOTO SUPPL FILM PURCHASE/AUG 2001 26330 08/23/01 011034 EKLUND'S BLAST OFF 26331 08/23/01 LOWER PIER CLEAN-UP/BEACH BASH 007853 EMPIRE PIPE CLEANING & SEWER MAINT & VIDEO/JULY 2001 26332 08/23/01 011032 EN POINT TECHNOLOGIES 26333 08/23/01 009531 FIRSTLINE, LLC 26334 08/23/01 006797 DAWN GNADT 26335 08/23/01 007799 W W GRAINGER 26336 08/23/01 26337 08/23/01 MICROSOFT SOFTWARE UPGRADES MEDICAL GLOVES PURCHASE SUMMER INSTRUCTOR/DC-004 THERMOMETER/PUBLIC WORKS TECH 006518 HAYER CONSULTANTS, INC. TEMP BUILDING INSPECT/7/16-31 TEMP BUILDING INSPECT/8/1-15 004108 HAZELRIGG RISK MGMT SER REIMBURSE WORKER'S COM/8/17/01 26338 08/23/01 001399 ICI DULUX PAINT CENTERS PAINT PURCHASE/AUG 2001 DISCOUNT OFFERED DISCOUNT TAKEN 26339 08/23/01 011048 INETSHOPPING.COM 26340 08/23/01 004908 JAMESTOWN PRESS 26341 08/23/01 011069 L.A. HEATING & A/C 26342 08/23/01 011065 ROSE LAOLAGI 26343 08/23/01 000167 LEARNED LUMBER 26344 08/23/01 MONITOR/VCR/SATELLITE SET-UP BUSINESS CARDS/AUG 2001 BUSINESS CARDS/AUG 2001 MECHANICAL PERMIT REFUND SUMMER INSTRUCTOR/PD-001 CABLE TIES/AUG 2001 000077 LOMITA BLUEPRINT SERVIC BLUEPRINTSERVICES/AUG 2001 26345 08/23/01 010914 CITY OF LOS ANGELES 26346 08/23/01 001255 MANERI SIGN CO., INC. 26347 08/23/01 001911 MEDICAL INSTITUTE 26348 08/23/01 004138 KENNETH A. MEERSAND YOUTH EXCURSION/7/2001 STREET SIGNS/REFLECTORS MEDICAL EXAMS/JULY 2001 LEGAL SERVICES/JULY 2001 ACCOUNT NUMBER 001-4601-4221 001-4601-4305 001-2020 001-2020 001-1203-4201 001-2101-4305 109-2020 160-3102-4201 715-1206-4201 001-2201-4309 001-4601-4221 001-4202-5401 001-4201-4201 001-4201-4201 705-1217-4324 001-4204-4309 001-2021 001-2022 715-1206-5401 , 001-1208-4305 001-1208-4305 001-3206 001-4601-4221 001-4601-4305 001-4201-4305 001-4601-4308 001-3104-4309 001-1203-4320 001-1132-4201 ITEM AMOUNT 315.00 47.55 224.00 73.00 128.00 100.44 300.00 18,840.10 6,527.77 102.60 654.50 94.07 6,700.00 6,030.00 5,075.54 239.61 4.89 4.89- 1,066.92 48.60 64.80 53.00 94.50 10.05 301.10 90.00 1,762.03 245.00 7,820.00 • PAGE 2 CHECK AMOUNT 315.00 47.55 425.00 100.44 300.00 18,840.10 6,527.77 102.60 654.50 94.07 12,730.00 5,075.54 239.61 1,066.92 113.40 53.00 94.50 10.05 301.10 90.00 1,762.03 245.00 7,820.00 VOUCHRE2 08/23/01 17:44 VOUCHER/ CHECK CHECK NUMBER DATE VENDOR VENDOR NUMBER NAME 26349 08/23/01 010566 MORGAN WHOLESALE ELECTR CITY OF HERMOSA BEACH VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION LIGHT BULBS PURCHASE/AUG 2001. DISCOUNT OFFERED DISCOUNT TAKEN 26350 08/23/01 009854 NEXTEL COMMUNICATIONS CELL PHONES & EQUIP PURCHASE 26351 08/23/01 000093 OLYMPIC AUTO CENTER 26352 08/23/01 000321 PACIFIC BELL 26353 08/23/01 011007 AUTO GLASS REPAIR/AUG 2001 ALIGN TRUCK LID/AUG 2001 DOOR ALIGNED/AUG 2001 COMPUTER HOOK-UPS/AUG 2001 PACIFIC COACHWAYS CHART BUS/SKATE ZONE/7/2001 BUS/ADVENTURE PLAYGROUND/8/01 BUSES/WILD RIVERS/8/2001 BUS/LEE WAY SAILING CENTER 26354 08/23/01 009669 JAMES PATERSON 26355 08/23/01 009694 PICKENS FUEL CORP 26356 08/23/01 008482 PMX MEDICAL SPECIALTY 26357 08/23/01 000298 PRYOR RESOURCES INC. 26358 08/23/01 011070 SUSAN RINES 26359 08/23/01 011077 FREDERIC W. ROBERTS,JR 26360 08/23/01 007658 MARGARITA ROJAS 26361 08/23/01 008704 RX LASER, INC 26362 08/23/01 011076 ANDRONIKI SARAVIS 26363 08/23/01 003505 SHORELINE PRINTING 26364 08/23/01 009656 SHRED IT CALIFORNIA 26365 08/23/01 000114 SMART & FINAL IRIS COMP . 26366 08/23/01 010764 SOUTH BAY CENTER FOR 26367 08/23/01. 008812 SOUTH BAY REGIONAL PUBL 26368 08/23/01 000018 SOUTH BAY WELDERS 2000 ASSESSMENT TAX REBATE NATURAL GAS PURCHASES/JULY 01 MEDICAL SUPPLIES/FIRE DEPT MEDICAL SUPPLIES/FIRE DEPT DISCOUNT OFFERED DISCOUNT TAKEN SEMINAR/MENDELSOHN/5/21/01 CITATION REFUND/ADMIN HEARING LEAGUE DIRECTOR/SUMMER 2001 SUMMER INSTRUCTOR/FD-01 SUMMER INSTRUCTOR/FD-02 LASER CHECK FORMS/AUG 2001 SUMMER INSTRUCTOR/BD-01 FORMS-JAIL/RECORDS DESTRUCTION SERVICES/AUG 2001 CLEANING SUPPLIES/AUG 2001 DISPUTE RESOLUTION/JUNE 2001 RADIO BATTERIES/SPEAKER MIC WELDING SUPPLIES/AUG 2001 ACCOUNT NUMBER 105-2601-4309 001-2021 001-2022 001-2201-5401 715-3104-4311 715-2101-4311 715-2101-4311 001-2101-4304 145-3409-4201 145-3409-4201. 145-3409-4201 145-3409-4201 105-3105 715-4204-4310 001-2201-4309 001-2201-4309 001-2021 001-2022 001-2020 110-3302 001-4601-4201 001-4601-4221 001-4601-4221 001-1202-4305 001-4601-4221 001-2101-4305 001-2101-4201 001-4204-4309 001-2020 001-2101-4307 715-4206-4311 ITEM AMOUNT 189.21 3.57 3.57- 274.09 588.06 25.00 25.00 57.40 818.07 470.34 904.00 875.36 24.61 33.59 228.55 222.65 2.03 2.03- 159.00 25.00 1,380.00 196.00 196.00 224.40 323.40 480.60 75.00 151.91 1,280.50 750.49 217.57 PAGE 3 CHECK AMOUNT 189.21 274.09 638.06 57;40 3,067.77 24.61 33.59 451.20 159.00 25.00 1,380.00 392.00 224.40 323.40 480.60 75.00 151.91 1,280.50 750.49 217.57 VOUCHRE2 08/23/01 17:44 VOUCHER/ CHECK CHECK VENDOR NUMBER DATE NUMBER VENDOR NAME 26369 08/23/01 010347 STANDARD REGISTER 26370 08/23/01 010412 STERICYCLE 26371 08/23/01 010158 STEVENS-GARLAND ASSOCIA 26372 08/23/01 26373 08/23/01 26374 08/23/01 26375 08/23/01 009652 SUBWAY SANDWICHES 008180 ANNE SULLIVAN 009000 MARIA THOMAS 000124 TODD PIPE & SUPPLY 26376 08/23/01 009364 TOYS R US MONTVALE REG 26377 08/23/01 011066 LE NGOC TRUONG 26378 08/23/01 000015 VERIZON CALIFORNIA 26379 08/23/01 003353 VISA 26380 08/23/01 000141 WEST GROUP 26381 08/23/01 010500 XO COMMUNICATIONS 26382 08/23/01 007106 JENNIFER YAMANE 26383 08/23/01 010958 ZONDIROS CORP. 26384 08/23/01 001206 ZUMAR INDUSTRIES CITY OF HERMOSA BEACH VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION ENCODER RIBBONS/AUG 2001 MEDICAL WASTE REMOVAL/AUG 2001 TRAFFIC ENGINEERING/MAY 2001 TRAFFIC ENGINEERING/JUNE 2001 SANDWICHES/OPEN HOUSE/8/25/01 2000 ASSESSMENT REBATE 2000 ASSESSMENT. REBATE PLUMBING SUPPLIES/AUG 2001 DISCOUNT OFFERED DISCOUNT TAKEN PROGRAM SUPPLIES/SUMMER BLAST CLASS REFUND/SUMMER 2001 PHONE PHONE PHONE PHONE PHONE PHONE PHONE PHONE PHONE PHONE PHONE PHONE PHONE BILLING/JULY 2001 BILLING/JULY 2001 BILLING/JULY 2001 BILLING/JULY 2001 BILLING/JULY 2001 BILLING/JULY 2001 BILLING/JULY 2001 BILLING/JULY 2001 BILLING/JULY 2001 BILLING/JULY 2001' BILLING AUG 2001 BILLING/AUG 2001 BILLING/AUG 2001 LUNCH MEETING/BURRELL PUBLICATION/BURRELL AUG 2001 PUBLICATION/MEERSAND INTERNET ACCESS/8/10-9/9/01 SUMMER INSTRUCTOR/JY-001 PCC ACCESS RAMPS/2000/2001 BILLING ERROR CREDIT SIGN MATERIALS/JUNE 2001 RETURNED MERCHANDISE/JUNE 2001 SIGN MAKING MATERIALS BILLING ERROR/JUNE INVOICE ACCOUNT NUMBER 001-1141-4305 001-2101-4201 001-2020 001-2020 001-4601-4308 105-3105 105-3105 160-3102-4309 001-2021 001-2022 001-4601-4308 001-2111 715-1206-4304 110-3302-4304 001-2101-4304 001-4204-4321 001-2201-4304 001-4601-4304 001-4202-4304 001-4201-4304 109-3304-4304 110-1204-4304 001-4601-4304 001-2101-4304 001-2101-4304 001-1101-4305 001-1201-4305 001-2101-4201 715-1206-4201 001-4601-4221 140-2020 001-2020 001-2020 001-2020 001-2020 001-2020 ITEM AMOUNT 75.54 59.41 3,090.00 2,430.00 89.95 24.61 24.61 89.34 1.82 1.82- 211.41 42.00 269.20 52.67 1,070.45 53.85 195.70 52.63 101.80 67.73 32.85 31.38 79.94 28.48 174.74 62.73 25.00 18.36 124.00 693.00 16,200.00 181.44- 297.38 168.26- 59.48 375.95 - PAGE 4 CHECK AMOUNT 75.54 59.41 5,520.00 89.95 24.61 24.61 89.34 211.41 42.00 2,211.42 87.73 18.36 124.00 693.00 16,200.00 VOUCHRE2 CITY OF HERMOSA BEACH 08/23/01 17:44 VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE 5 VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM - CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT ARTWORK FOR NEW PARKING SIGNS 001-3104-4309 54.00 PARKING SIGNS/7/2001 001-3104-4309 704.70 PARKING SIGNS/AUG 2001 001-3104-4309 67.41 SIGN PROTYPE MADE/8/2001 001-3104-4309 14.58 471.90 TOTAL CHECKS 118,082.91 VOUCHRE2 CITY OF HERMOSA BEACH 08/23/01 17:44 VOUCHER/CHECK REGISTER FOR ALL PERIODS FUND TITLE AMOUNT 001 GENERAL FUND 61,761.12 105 LIGHTG/LANDSCAPG DIST FUND 1,270.27 109 DOWNTOWN ENHANCEMENT FUND 412.97 110 PARKING FUND 129.05 140 COMMUNITY DEV BLOCK GRANT 16,200.00 145 PROPOSITION 'A FUND 3,502.43 153 SUPP LAW ENF SERV (SLESF) 1,849.98 160 SEWER FUND 18,929.44 705 INSURANCE FUND 5,075.54 715 EQUIPMENT REPLACEMENT FUND 8,952.11 TOTAL 118,082.91 PAGE 6 VOUCHRE2 ' CITY OF HERMOSA BEACH 08/27/01 14:51 VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE 1 VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 26385 08/27/01 008175 FLEMING & ASSOCIATES LIABILITY CLAIMS/AUG 2001 705-1209-4324 39,400.89 39,400.89 TOTAL CHECKS 39,400.89 VOUCHRE2 CITY OF HERMOSA BEACH 08/27/01 14:51 VOUCHER/CHECK REGISTER FOR ALL PERIODS FUND TITLE AMOUNT 705 INSURANCE FUND 39,400.89 TOTAL 39,400.89 PAGE 2 VOUCHRE2 08/30/01 17:06 VOUCHER/ CHECK CHECK NUMBER DATE VENDOR VENDOR NUMBER NAME 26386 08/30/01 008869 HEATHER H. ALLEY 26387 08/30/01 011084 AMBRIT DEVELOPMENT 26388 08/30/01 011086 AT&T WIRELESS 26389 08/30/01 010435 AVIS RENT -A -CAR 26390 08/30/01 011080 ALLISON BARANCHO 26391 08/30/01 010942 BEAR ELECTRIC 26392 08/30/01 011078 DAVID E. BEEMAN CITY OF HERMOSA BEACH VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM .DESCRIPTION INSTRUCTORS FEE/SURF CAMP 01 BUSINESS LICENSE REFUND LONG DISTANCE/CELL PHONE/5/01 REFUND CITATION OVERPAYMENT 2001 SUMMER CLASS REFUND UNDERGROUND SERVICES/MYRTLE UNDERGROUND SERV./SILVERSTRAND SUMMER 01/SAND FOOTBALL LEAGUE 26393 08/30/01 010771 BUY RIGHT DISTRIBUTORS, VIDEO TAPE EQUIP/PD 26394 08/30/01 008436 EDGAR CALDERON 26395 08/30/01 011088 CAPRCBM 26396 08/30/01 011085 BRIAN M. CLARK 26397 08/30/01 011083 FALINE S. COMBS 26398 08/30/01 007627 JIM CUBBERLY 26399 08/30/01 011081 AMI CUNEO 26400 08/30/01 011087 DISCOVERY ECONOMICS 26401 08/30/01 009112 DMR TEAM 26402 08/30/01 010956 SPIKE EDDIE 26403 08/30/01 011034 EKLUND'S BLAST OFF 26404 08/30/01 010039 EMERGENCY SPEC.PHYS 5 HOURS THEATER TECHNICIAN MEMBERSHIP/PARK COMMISSIONERS CITATION REFUND/OVERPAYMENT CITATION REFUND/OVERPAYMENT SUMMER INSTRUCTOR/AS-02 CITATION REFUND/ADMIN HEARING 1/3 DOCUMENT REVIEW/FAA ENGINEERING & DESIGN SERVICES UMPIRING SERVICES/SUMMER 2001 TAXI WAITING AREA CLEANED/8/01 MEDICAL SERVICES/SPANGLER 26405 08/30/01 007853 EMPIRE PIPE CLEANING & SEWER MAINT & VIDEO/AUG 01 26406 08/30/01 007577 FIRE ENGINEERING 26407 08/30/01 009138 FIREHOUSE MAGAZINE 26408 08/30/01 005314 FRY'S ELECTRONICS 26409 '08/30/01 009171 DEAN GARKOW SUBSCRIPTION RENEWAL SUBSCRIPTION RENEWAL DIGITAL CAMERA & MEMORY STICK MEALS/S.W.A.T. SCHOOL 26410 08/30/01 010239 JENNIFER GERVAIS 12 HRS THEATER TECHNICIAN/8/01 ACCOUNT NUMBER 001-4601-4221 001-3115 001-2020 110-3302 001-2111 307-8182-4201 307-8182-4201 001-4601-4221 153-2020 001-4601-4201 001-4601-4315 110-3302 110-3302 001-4601-4221 110-3302 001-2020 146-8168-4201 001-4601-4201 109-3301-4201 001-2101-4201 160-3102-4201 001-2201-4315 001-2201-4315 153-2106-5401 001-2101-4317 001-4601-4201 ITEM AMOUNT PAGE 1 CHECK AMOUNT 875.00 875.00 175.00 175.00 4.99 4.99 40.00 40.00 40.00 40.00 2,200.00 2,795.00 4,995.00 560.00 560.00 973.00 973.00 50.00 50.00 165.00 165.00 153.00 153.00 30.00 30.00 840.00 840.00 20.00 20.00 2,039.59 2,039.59 6,880.00 6,880.00 1,260.00 1,260.00 175.00 175.00 332.00 332.00 12,466.05 12,466.05 28.50 28.50 28.97 28.97 1,003.28 1,003.28 300.00 300.00 120.00 120:00 VOUCHRE2 08/30/01 17:06 VOUCHER/ CHECK CHECK VENDOR VENDOR NUMBER DATE NUMBER NAME 26411 08/30/01 004331 JANICE GUERRERO 26412 08/30/01 006518 26413 08/30/01 004108 CITY OF HERMOSA BEACH VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION SUMMER INSTRUCTOR/HY-01 SUMMER INSTRUCTOR/HY-02 HAYER CONSULTANTS, INC. PLAN CHECKS/AUG2001 PLAN CHECKS/AUG 2001 HAZELRIGG RISK MGMT SER REIMBURSE/WORKER'S COMP/8/01 26414 08/30/01 002556 HUNTINGTON HARBOUR 26415 08/30/01 003055 507. DEPOSIT/EXCURSION/12/15/01 INTL CONF OF BLDG OFFIC PUBLICATIONS 26416 08/30/01 010334 GLENN JENSEN 26417 08/30/01 011082 PATRICK JOHNSON 26418 08/30/01 010376 BRITTON KARL SUMMER INSTRUCTOR/C-11 C-16 REFUND/CANDIDATE STATEMENT SUMMER INSTRUCTOR/GI-01 26419 08/30/01 007136 THE LAKES AT EL SEGUNDO SUMMER INSTRUCTOR/BG-02 26420 08/30/01 000077 LOMITA BLUEPRINT SERVIC VOIDED 26421 08/30/01 001255 MANERI SIGN CO., INC. STREET SIGNS & HARDWARE - STREET SIGNS/PUBLIC WORKS 26422 08/30/01 010566 MORGAN WHOLESALE ELECTR ELECTRIC PARTS/AUG 2001 26423 08/30/01 007827 MUTUAL PROPANE PROPANE PURCHASE/AUG 2001 26424 08/30/01 000656 NABER TECHNICAL ENTERPR TUITION/PIERCE 26425 08/30/01 011079 SAEID NEMATOLIAHI 26426 08/30/01 007762 NEOPOST 26427 08/30/01 008935 MELODIE NOETZLI CLASS REFUND/SUMMER 2001 ACCOUNT NUMBER 001-4601-4221 001-4601-4221 001-4201-4201 001-4201-4201 705-1217-4324 001-4601-4201 001-4201-4317 001-4601-4221 001-1121-4251 001-4601-4221 001-4601-4221 001-4201-4305 001-2101-4201 001-2020 001-3104-4309 001-3104-4309 105-2601-4309 715-3302-4310 001-2101-4313 001-2111 POSTAGE EQUIP MAINT/2001-2002 001-1208-4201 SUMMER INSTRUCTOR/CS-11 CS -16 001-4601-4221 26428 08/30/01 010363 OAK TREE RACING ASSOCIA DEPOSIT SENIOR EXCURSION 26429 08/30/01 002954 ORANGE CO SHERIFF'S DEP TUITION/SMYTH/POST CLASS 26430 08/30/01 011007 PACIFIC COACHWAYS CHART TRANSPORTATION/7/25/01 26431 08/30/01 010139 PARKING CONCEPTS INC. 26432 08/30/01 009617 JAY VINCENT RAY PKG STRUCTURE OPER/JULY 01 LOT A OPERATION/JULY 01 001-4601-4201 001-2101-4312 145-3409-4201 109-3304-4201 109-3305-4201 SURF CAMP DIRECTOR/SUMMER 2001 001-4601-4221 26433 08/30/01 008837 CITY OF REDONDO BEACH ENERGY SUMMIT CONTRIBUTION I0 001-2020 PAGE 2 ITEM CHECK AMOUNT. AMOUNT 294.00 42.00 336.00 7,763.06 4,904.30 12,667.36 35,661.06 • 35,661.06 225.00 225.00 139.86 139.86 875.00 875.00 300.00 300.00 1,134.00 1,134.00 364.00 364.00 131.76 46.44 220.82 399.02 3,306.12 1,252.80 4,558.92 346.58 346.58 248.49 248.49 255.08 255.08 38.00 38.00 859.30 859.30 216.00 216.00 235.00 235.00 27.00 27.00 486.92 486.92 12,661.63 8,232.38 20,894.01 7,221.50 7,221.50 1,000.00 1,000.00 VOUCHRE2 08/30/01 17:06 VOUCHER/ CHECK CHECK VENDOR VENDOR NUMBER DATE NUMBER NAME 26434 08/30/01 003991 BARRY REED 26435 08/30/01 001070 RIO HONDO REGIONAL TRAI 26436 08/30/01 008968 BRIAN SMYTH 26437 08/30/01 CITY OF HERMOSA BEACH VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION SUMMER INSTRUCTOR/AB-03 SUMMER INSTRUCTOR/AB-04 SUMMER INSTRUCTOR/AB-05 SUMMER INSTRUCTOR/AB-06 TUITION/WOLCOTT MEALS/40T PATROL SCHOOL/POST 002250 SO. CAL SHARPSHOOTER, I QUATERLY QUALS/JULY 2001 QUARTERLY QUALS/JULY 2001 QUARTERLY QUALS/JULY 2001 MONTHLY SHOOTS/3 MONTH 00/01 26438 08/30/01 009814 SPORTS -N -ACTION 26439 08/30/01 010347 STANDARD REGISTER 26440 08/30/01 010912 SUN ELECTRIC COMPANY 26441 08/30/01 004632 SUNSET RANCH HOLLYWOOD 26442 08/30/01 008097 UNION BANK OF CALIFORNI 26443 08/30/01 011090 WEST GROUP 26444 08/30/01 009346 DAWN WINZEN 26445 08/30/01 000129 PAUL WOLCOTT 26446 08/30/01 005290 WONDERLAND 26447 08/30/01 SOFTBALLS PURCHASED/AUG 2001 CARTRIDGE FOR ENCODER/8/01 PRICING ERROR UNDERGROUND CONNECT/RATHELL HORSEBACK EXCURSION/9/02/01 JULY 2001 SAFEKEEPING FEES AMENDMENT RENEWALS SUMMER INSTRUCTOR/CM-02 MEALS/PD SUPERVISION/POST RENTAL DEPOSIT REFUND RENTAL DEPOSIT REFUND 005125 JOHN WORKMAN, PETTY CAS REIMBURSE REIMBURSE REIMBURSE REIMBURSE REIMBURSE REIMBURSE REIMBURSE REIMBURSE REIMBURSE REIMBURSE REIMBURSE REIMBURSE REIMBURSE 26448 08/30/01 011091 JOHN YOUNG ELECTRICIAN PETTY PETTY PETTY PETTY PETTY PETTY PETTY PETTY PETTY PETTY PETTY PETTY PETTY CASH/8/9-16/01 CASH/8/9-16/01 CASH/8/9-16/01 CASH/8/9-16/01 CASH/8/9-16/01 CASH/8/9-16/01 CASH/8/9-16/01 CASH/8/9-16/01 CASH/8/9-16/01 CASH/8/9-16/01 CASH/8/9-16/01 CASH/8/9-16/01 CASH/8/9-16/01 UNDERGROUND CONVERSION/LOMA DR 26449 08/30/01 001206 ZUMAR INDUSTRIES SIGN MATERIALS/AUG 2001 ACCOUNT NUMBER 001-4601-4221 001-4601-4221 001-4601-4221 001-4601-4221 001-2101-4312 001-2101-4317 001-2101-4201 001-2101-4201 001-2101-4201 001-2020 001-4601-4308 001-1141-4305 001-2020 140-2020 001-4601-4201 001-1141-4201 001-4201-4317 001-4601-4221 001-2101-4312 001-2111 001-2111 001-1201-4315 001-1203-4201 001-2101-4201 001-2101-4305 001-2101-4309 001-2101-4317 001-2201-4305 001-2201-4309 001-4601-4305 001-6101-4309 715-1206-4305 715-1206-4309 715-2101-4310 140-2020• ITEM AMOUNT 196.00 98.00 392.00 269.50 63.00 24.00 322.92 287.28 158.76 356.40 97.00 67.77 24.02- 305.00 140.00 291.67 154.00 31.50 80.00 100.00 421.00 20.00 102.73 3.50 8.90 1.94 35.00 5.04 10.81 21.08 100.00 135.61 30.22 28.01 220.00 001-3104-4309 408.50 -PAGE 3 CHECK AMOUNT 955.50 63.00 24.00 1,125.36 97.00 43.75 305.00 140.00 291.67 154.00 31.50 80.00 521.00 502.84 220.00 408.50 TOTAL CHECKS 127,005.60 VOUCHRE2 CITY OF.HERMOSA BEACH 08/30/01 17:06 VOUCHER/CHECK REGISTER FOR ALL PERIODS FUND TITLE AMOUNT 001 GENERAL FUND 41,914.37 105 LIGHTG/LANDSCAPG DIST FUND 346.58 109 DOWNTOWN ENHANCEMENT FUND 21,069.01 110 PARKING FUND 243.00 140 COMMUNITY DEV BLOCK GRANT 525.00 145 PROPOSITION 'A FUND 486.92 146 PROPOSITION 'C FUND 6,880.00 153 SUPP LAW ENF SERV (SLESF) 1,976.28 160 SEWER FUND 12,466.05 307 MYRTLE UTIL UNDRGRND IMPR FUND 4,995.00 705 INSURANCE FUND 35,661.06 715 EQUIPMENT REPLACEMENT FUND 442.33 TOTAL 127,005.60 PAGE 4 VOUCHRE2 CITY OF HERMOSA BEACH 09/05/01 09:29 VOUCHER/CHECK REGISTER FOR ALL PERIODS PAGE 1 VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT ITEM CHECK NUMBER DATE NUMBER NAME DESCRIPTION NUMBER AMOUNT AMOUNT 26450 09/05/01 000243 HERMOSA BEACH PAYROLL A PAYROLL/8-16 TO 8-31-01 001-1103 312,821.38 PAYROLL/8-16 TO 8-31-01 105-1103 7,782.57 PAYROLL/8-16 TO 8-31-01 109-1103 2,303.59 PAYROLL/8-16 TO 8-31-01 110-1103 39,241.55 PAYROLL/8-16 TO 8-31-01 117-1103 756.36 PAYROLL/8-16 TO 8-31-01 140-1103 204.17 PAYROLL/8-16 TO 8-31-01 145-1103 1,119.75 PAYR0LL/8=16 TO 8-31-01 150-1103 67.05 PAYROLL/8-16 TO 8-31-01 152-1103 27.50 PAYROLL/8-16 TO 8-31-01 160-1103 11,478.52 PAYROLL/8-16 TO 8-31-01 301-1103 2,193.10 PAYROLL/8-16 TO 8-31-01 705-1103 2,929.85 PAYROLL/8-16 TO 8-31-01 715-1103 6,118.68 387,044.07 TOTAL CHECKS 387,044.07 13 VOUCHRE2 09/05/01 09:29 CITY OF HERMOSA BEACH VOUCHER/CHECK REGISTER FOR ALL PERIODS FUND TITLE AMOUNT , 001 GENERAL FUND 312,821.38 105 LIGHTG/LANDSCAPG DIST FUND 7,782.57 109 DOWNTOWN ENHANCEMENT FUND 2,303.59 110 PARKING FUND 39,241.55 117 A8939 FUND 756.36 140 COMMUNITY DEV BLOCK GRANT 204.17 145 PROPOSITION 'A FUND 1,119.75 150 GRANTS FUND 67.05 152 AIR QUALITY MGMT DIST FUND 27.50 160 SEWER FUND 11,478.52 301 CAPITAL IMPROVEMENT FUND 2,193.10 705 INSURANCE FUND 2,929.85 715 EQUIPMENT REPLACEMENT FUND 6,118.68 TOTAL 387,044.07 ry PAGE 2 VOUCHRE2 CITY OF HERMOSA BEACH 09/05/01 09:29 VOUCHER/CHECK REGISTER FOR ALL PERIODS CLAIMS VOUCHER APPROVAL I HEREBY CERTIFY THAT THE DEMANDS OR CLAIMS COVERED BY THE CHECKS LISTED ON PAGES/d/ TO / C1 INCLUSIVE, OF THE VOUCHER REGISTER FOR ��� 3 -- 7J,r/ 0/ ARE ACCURATE, FUNDS ARE AVAILABLE FOR PAYMENT, AND ARE IN CONFORMANCE TO THE BUDGET. BY FINANCE DIRECTOR DATE i Flo/O/ PAGE '_ September 6, 2001 Honorable Mayor and For the Meeting of Members of the City Council September 11, 2001 CANCELLATION OF CHECKS Please consider the following request for cancellation of the check(s) listed below: #026339 — 8/23/01— Inetshopping.com. $1,066.92. Account number 715-1206-5401. Department gave the wrong vendor name. Check was mailed and returned. FY 01/02 #026420 — 8/30/01 — Lomita Blueprint Service Inc. $399.02. Account numbers 001-4201-4305, 001-2020, 001- 2101-4201. Wrong vendor number was used. Check was not mailed. $267.26 to FY 00/01, $131.76 to FY 01/02 ,/ / dizia John M. W • rkma ;Cif reasurer urrell, C' y Manager Noted for fiscal impact: Viki Copeland, Finance Director September 6, 2001 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of September 11, 2001 TENTATIVE FUTURE AGENDA ITEMS Report on WT Rebate Program Finance Director Report on Taxi Voucher Program Police Chief Recommendation to receive and file action minutes from the Parks, Recreation and Community Resources Advisory Commission meeting of September 4, 2001 Community Resources Director Recommendation to receive and file action minutes from the Public Works Commission meeting of September 12, 2001 Public Works Director Recommendation to receive and file action minutes from the Planning Commission meeting of September 18, 2001 Community Development Director Activity Reports for August, 2001 All Departments 0 Recommendation to approve City Council meeting schedule for 2002. City Manager n0i Recommendation to receive and file action minutes from the Public Works Commission meeting of October 10, 2001 Public Works Director Recommendation to receive and file action minutes from the Parks, Recreation and Community Resources Advisory Commission meeting of October 2, 2001 Community Resources Director Recommendation to receive and file action minutes from the Planning Commission meeting of October 16, 2001 Community Development Director Activity Reports - September 2001 All Departments September 5, 2001 Honorable Mayor and Members of The Hermosa Beach City Council Regular Meeting of September 11, 2001 Amendment to the ICRMA Joint Exercise of Powers Agreement Recommendation: Staff recommends that the City Council adopt the attached resolution amending the Joint Exercise of Powers Agreement with the Independent Cities Risk Management Authority (ICRMA) adding the City of Palm Springs to the ICRMA pool. Background: The Independent Cities Risk Management Authority (ICRMA) is a pool of 30 cities who are joined in agreement to share in the costs of purchasing and funding excess insurance and risk management services. The City of Hermosa Beach is a member of ICRMA for the purchase of excess liability, workers' compensation, and property insurance. In addition to excess insurance, ICRMA provides training and a variety of risk management services. Analysis: The City of Palm Springs submitted an application for membership in ICRMA. ICRMA staff and the Governing Board have reviewed the application and determined that the appliation complies with the ICRMA requirements. At a recent ICRMA Governing Board meeting changes were approved to the joint powers agreements and the City of Palm Springs was approved for membership into the pool. These changes require that each individual City Council approve a revised agreement. Attached is a resolution prepared by ICRMA general legal counsel for adoption by each member city. Fiscal Impact: There is no additional fiscal impact to the proposed changes. Respectfully Submitted, Concur: ichael A. Earl Personnel & Risk Management Director Stephen Burrell City Manager 2d RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH APPROVING AN AMENDMENT TO THE INDEPENDENT C1'17hS RISK MANAGEMENT AUTHORITY JOINT POWERS AGREEMENT ADMITTING TO MEMBERSHIP THE CITY OF PALM SPRINGS • WHEREAS, the City of Hermosa Beach is a member of the Independent Cities Risk Management Authority ("ICRMA"), a Joint Powers Authority, which provides risk management programs of insurance to protect its members from the effect of unexpected losses and to provide excess insurance and other services, including risk management, loss prevention, claims adjustment, insurance brokerage, legal and other services related to its purpose; and WHEREAS, the City of Palm Springs has applied for membership in ICRMA and the Governing Board has determined that the City of Palm Springs meets the qualifications for membership and has approved its becoming a member; and WHEREAS, it is appropriate to amend the ICRMA Joint Powers Agreement to admit the City of Palm Springs as a member of the Joint Powers Authority; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH DOES FIND, DETERMINE AND DECLARE AS FOLLOWS: This City Council does approve an amendment to the Independent Cities Risk Management Authority Joint Powers Agreement to admit to full membership the City of Palm Springs. RESOLVED FURTHER that a certified copy of this Resolution shall be filed with the General Manager of the Independent Cities Risk Management Authority. 2001. ATTEST: PASSED, APPROVED AND ADOPTED this day of CITY CLERK MAYOR OF THE CITY OF HERMOSA BEACH OOJ-4/-4 7 • Oh) September 4, 2001 Honorable Mayor and Members of the Hermosa Beach City Council DOWNWARD SPEED ZONING OF VALLEY DRIVE BETWEEN PIER AVENUE AND 2ND STREET Regular Meeting of. September 11, 2001 Recommendation: It is recommended that the City Council approve and adopt the attached resolution entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, SETTING AND CONFIRMING THE POSTED SPEED LIMIT OF 25 MILES MPH ON VALLEY DRIVE BETWEEN PIER AVENUE AND 2ND STREET". Summary: On August 28, 2001, under Municipal Matters, Council heard a request for a 3 -way stop on Valley Drive at 11th Street and approved the request by resolution. In addition, Council approved a request to lower the speed on Valley Drive between Pier Avenue and 2"d Street from 35 MPH to 25 MPH for the safe and orderly movement of vehicular traffic. Since all speed limits are established by Council resolution, it is necessary for Council to adopt the attached resolution lowering the speed limit. Fiscal Impact: None. Attachments: Draft Resolution Respectfully submitted, Harold C. Williams, P.E. Director of Public Works/City Engineer Noted for fiscal impact: r Viki Copeland Finance Director Concur: 4pi/ St=.•en Burrel City Manager Concur: Michael Lavin ' v""r iL Chief of Police vim F:\B95\PWFILES\CCITEMS\Valley Dr speed reduction 9-11-01.doc 2e 1 3 4 5 6 10 11 12 13 14 .15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 • • RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, SETTING AND CONFIRMING THE POSTED SPEED LIMIT OF 25 MPH ON VALLEY DRIVE BETWEEN PIER AVENUE AND 2ND STREET WHEREAS, the City Council of the City of Hermosa Beach, California, adopted Resolution No. 98-5936 certifying an engineering and traffic survey and established speed limits on various streets. WHEREAS, the speed limit on Valley Drive between Pier Avenue and Bch Street was set at 35 MPH. WHEREAS, the City Council has determined that there is a particular danger to motorists and pedestrians on Valley Drive between Pier Avenue and 8th Street that necessitates the downward speed zoning of said street. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. That the City Council hereby determines the establishment of speed limits that are safe will facilitate the orderly movement of vehicular traffic. SECTION 2. That the speed limit on Valley Drive between Pier Avenue and 8th Street is set at 25 MPH. SECTION 3. Direct that a copy of the resolution be forwarded to the presiding judge o the South Bay Municipal Court. SECTION 4. This resolution take effect immediately. >>' 1 3 4 5 6 7. 8 9 "10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 • PASSED, APPROVED and ADOPTED this 11th day of September, 2001. ATTEST: PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California , CITY CLERK , CITY ATTORNEY APPROVED AS TO FORM: F:\B951PWFILES\RESOS\speed change Valley Drive 9-11-01.d tJ SEP -11-01 TUE 11:57 LISSNER'TBDTP 310 3762287 P-81 • • FACSIMILE COVER SHEET AND MESSAGE Total number of pages including this cover sheet Date: MON 9-10-01 Time To: City Council, City of Hermosa Beach Fax: auto Voice: (310) 318-0216 From: James Lissner, 2715 E1 Oeste, Hermosa Beach, CA 90254 Fax: (310) 376-2287 Voice: (310) 376-4626 Venue: FOR CQ NCIL MEETING OF 9--11-Q1. Consent calendar item (e) Subject: Retaining ability to use radar on Valley Drive Councilmembers: Please do not approve the speed limit portion of item (e) tonight. The staff report for your 8-28 meeting gave you two options for dealing with speeds on Valley. You decided to pursue the second one, which said: "The other option would be to simply replace the 35 -mph speed limit signs with signs that state 25 or 30 mph. This can be done; however, the newly posted speed limit could not be enforced by using radar. This approach has been used on Gould Avenue in Hermosa Beach." There is a third, much better option, namely, the approach actually used on Gould Avenue years ago, and more recently, X believe, on Valley north of Pier and the south end of Monterey. The approach used on Gould Avenue was different from the one before you tonight in one particular. For Gould, the council changed its designation (in the Circulation Element of the General Plan) from "collector" to "local." By doing so, the city retained the ability to use radar for enforcement. This option was (and is) available because VC Sec. 40802 ("the speed trap law") says: "This paragraph does not apply to a local street.... For purposes of this section, a local street or road is defined by the latest functional usage and federal -aid system maps as submitted to the Federal Highway Administration..." There is a small drawback to changing Valley to "local." You will no longer be able to use Federal Aid to Urban Highways funds to maintain it. Sincerely, r" - SUPPLEMENTAL INFORMATION e Honorable Mayor and Members of The Hermosa Beach City Council 7R°1 September 4, 2001 Regular Meeting of September 12, 2001 PROJECT NO. CIP 01-168 MANHATTAN AVENUE STREET IMPROVEMENTS MANHATTAN AVENUE FROM 27TH STREET TO THE NORTH CITY LIMIT AND GREENWICH VILLAGE FROM 26TH STREET TO 27TH STREET AWARD CONSTRUCTION CONTRACT Recommendation: It is recommended that the City Council: 1. Award the construction contract for Project No. CIP 01-168 Manhattan Avenue Street Improvements to Damon Construction Co. of Carson, California, in the amount of $456,600.00; and 2. Authorize the Mayor to execute and the City Clerk to attest the construction contract subject to approval by the City Attorney; and 3. Authorize the Director of Public Works to make minor changes as necessary within the contingency of $50,000.00. SUMMARY: Construction of the project is approved for Fiscal Year 2001-02, and this is a continuation of Hermosa Avenue Street Improvements from 16th Street to 26th Street. On July 24, 2001, City Council authorized advertising for bids. The project was advertised in the Easy Reader, Green Sheet (Construction News Reporter), and Bid America. A total of 6 bid packages were picked up by the contractors. The City Clerk received 2 bids by the closing date of August 30, 2001. The bids were publicly opened and read aloud. The bid results are as follows: BIDDER CITY TOTAL BID AMOUNT 1. Damon Construction Co. Carson, CA $456,600.00 2. Palp, Inc. dba Excel Paving Long Beach, CA $468,915.00 Both bids are responsive. The price of the apparent low bidder, Damon Construction Co., is $33,400.00 (approximately 7%) below the engineer's estimate of $490,000. Staff has reviewed the low bidder's documents and ' has found them to be in order. Additionally, Staff has verified .the reference by calling the Cities of Azusa, Simi Valley and Thousand Oaks for whom the firm has done work. 2f Fiscal Impact: The apparent low bid price of $456,600.00 plus the contingency of $50,000.00 brings the project construction budget to $506,600.00. Sufficient funds are available for construction, therefore, no additional appropriation is needed. Respectfully submitted, Concur: . Kenneth Kim Assistant Engineer Noted for Fiscal Impact: Viki Copeland Finance Director gold C. Williams, P.E. Director of Public Works/City Engineer vbfa C .uLt- Concur: b49(211 Stephe ur City Manager F:\B95\PWFILES\CCITEMS\01-168 Award Construction Contract 9-12-01.doc 2 • Honorable Mayor and Members of the Hermosa Beach City Council September 5, 2001 Regular Meeting of September 11, 2001 SUBJECT: PROPOSAL FOR PARKING LOT LEASE AGREEMENT WITH BEST GAS COMPANY Recommendation: Direct staff as deemed appropriate: Background: The City was approached by the Beach Cities Christian Fellowship Church located at 730 11'x' Street to lease and operate an existing parking lot located across from the Church between 11`" Street and 11th Place. The new parking lot was required to accommodate a proposed 900 square foot Church expansion approved under Parking Plan No. 00-2 on May 16, 2000. The Church originally requested a building permit fee waiver in return for making the parking available for public use when the church was not operating and the City Council approved the building permit fee waiver on that basis. The Church has requested that the City lease and operate the lot for public parking, collecting all public parking revenue related to its use with parking made available for the Church's exclusive use on Sundays and three holidays. Analysis: The proposed parking lot can serve additional parking demand from the Civic Light Opera at the Community Center which is located immediately to the north on 11th Place. The parking lot contains 34 space parking spaces which can be metered for public parking. The Church is requesting that the City consider leasing and operating the lot as a means to satisfy their discretionary permit condition and to reduce their parking lot operating costs'. They would like the City to consider operation and maintenance of the lot through a long term lease with Best Gas Company and enter into a sublease from the City for limited use of the lot Sundays and special holidays. Cost Assumptions for Parking Lot Operation and Maintenance: Lease Rate = Maintenance Potential Meter Revenue = Sublease Revenue = Meters Purchase & Install = $2,200 per month $5,709 per month/ $332.2 per month/ $34,000 total or'- $26,400 per year. $ 1,000 per year* $68,510 per year** $3,986 peryear*** $2,266 per year**** * Landscape, water, sweeping, electricity/lighting ** (.50 p/hr.) (20 hrs. p/day) = $10 (310 days) = $3,100 (.65) = $2015 (34 spaces) _ $68,510 p/yr. = $5,709 p/mo. ***(52 Sundays, 3 holidays)= 55 days/365 days = .151 or 15.1% ($26,400 p/yr.) = $3,986 p/yr. = $332.2 p/yr. **** 34 meters n $1000 ea. installed & amortized 15 years over lease term.($34,000/15 = $2,266 p/yr.) 365 days — 55 days of church use = 310 days, meter revenue. 55 days = 15.1% of year = .151 Church sublease = $2,200 p/mo., City's lease rate (.151) = $332.2 p/mo. Church sublease rate. Comparing annual costs against annual revenues, the City would receive approximately $42,830 per year. Annual Costs Annual Revenues Meters $2,266 Maintenance $1,000 Lease $26,400 Sublease -- $68,510 $3,986 Total * $29,666 $72,496 *Does not include parking enforcement costs and revenues. If the Council determines that it would like to proceed with the lease with Best Gas Company, the City would enter into a sublease in an amount prorated from the City's lease of the parking lot. If the City does not lease the facility then the Church must operate the parking lot making it available for public use pursuant to their discretionary permit approval. of Blumen ;-Id, IDirector Community P evelopment Department Concur: Steph . urrell,; City Manager Attachments: 1. Lease Agreement 2. Assessor Parcel Map 3. Aerial Photo Notes: arold Williams, Director Public Works Department 1. The Church would benefit with savings of $23,414 as shown below: Cost savings to the church: Maintenance: Subtotal Costs to Church: Savings to Church: Lease: Sublease $26,400. $ 1,000. $27,400 - $3,986 $23,414 Assume: No Friday p.m., Sunday p.m. sublease use, all day Christmas, New Year, Halloween use. Photography Date: 05-01 -00 Scala: 1" = 40' 1-1EFR. MOSA BEACH H2O *ROUND LEASE FC1 LALIFOR NIl1 Gi3S L►o C rf,•r [ 1. PARTIES. This Ground Lease ("Lease"), dated effective November 1, 1998 , is made by betweenCalifornia corporation called Christian Fellowshipof the Nazarene, a CaliforniaCalforna non-profit corporation (herein called "Tenant"). 2. PREMISES. Landlord hereby Leases and demises unto Tenant and Tenant hereby Leases and takes from Landlord that certain unimproved real property located at 1131 Pacific Coast Highway, Hermosa Beach, CA 90254, having measurements of approximately 66 feet by 149 feet and equating to approximately a total of 9,800 sq. feet, as more fully described on Exhibit A attached hereto and fully incorporated herein ("Premises"). Tenant hereby agrees to accept the Premises "as is" and "with all faults", latent or patent, and does hereby waive and disclaim any and all rights to claim that the Premises are unsuitable for the purposes for which they are leased. Landlord shall have no responsibility for any work or improvement which may be required to prepare the premises for Tenant's use. 3. CONSIDERATION/TRIPLE NET Lease. This Lease is subject to the terms, covenants and conditions herein set forth and Tenant covenants as a material part of the consideration for this Lease to keep and perform each and all of said terms, covenants and conditions by it to be kept and performed. This Lease shall be deemed and construed to be an absolute triple net Lease, i.e., as set forth herein, Tenant shall be obligated and shall promptly pay all costs, expenses and obligations of any kind and nature relating to the ownership, use, rental and operation of the Premises. 4. USE. Tenant shall use the Premises only for the following purposes: automobile parking lot. Tenant shall not use or permit the Premises to be used for any other purpose without the prior written consent of Landlord. 5. MINIMUM RENT. 5.1 Tenant agrees to pay to Landlord as Minimum Rent, without notice or demand, $27,600.00 per year payable in monthly installments of $2,300.00 (the "Minimum Rental"), in advance, on or before the first day of each and every successive calendar month during the term hereof, except the first month's rent shall be returned with the executed copies of this Lease (which, when the Security Deposit is included, as set forth in Article -7, is a total sum equal to $6,900.00 due upon execution). The first months Minimum Rental , and all subsequent months, ;hall be paid by Tenant to Landlord in the form of $1,000.00 in cash and a receipt to Landlord from Tenant for a $1,300.00 charitable contribution to Tenant. In this regard, Tenant hereby warrants and represents to Landlord that it is qualified and recognized as a "tax exempt" corporation by the :axing authorities of the U.S. Government and State of California as evidenced by of the documents ittached to this Lease as Exhibit B and fully incorporated herein. If at any time during the term of .his Lease Tenant loses its tax exempt classification with either the U.S. Gpvernment or State of :alifornia, or Landlord is not able to take full advantage of the before referenced $1,300.00 a nonth charitable contribution (i.e. an economic benefit to Landlord equal to $1,300 in cash), then n that event and effective upon the date of the triggering event, tenant shall pay Landlord the :ntire Minimum Rental in cash. The rental shall commenc ' ', ctobcr 1, 1998 (herein called L 'Rental Commencement Date"). If the Rental Commencement Date is not on the first (1) day of he month, rent shall be prorated for the balance of such partial month (based on a 30 day month), / / rhich prorated amount shall be due on the first day of the month following the Rental :ommencement Date. (2 5.2 Definition of Rent/Manner of Payment 5.2.1 Payment. All Minimum Rental, percentage rental, additional rent, and other ayments, charges and all monetary obligations of whatsoever kind due to Landlord by Tenant 'der this Lease are (i) defined to be rent, and (ii) shall be paid by Tenant to Landlord without prior smand therefor, and without any deduction or offset whatever, in lawful money of the United tates of America which shall be legal tender at the time of payment (subject to Article 5.1 hereof) GroundLeaseGGNJL/9-2-98 at Landlord's address for notices set forth in Article 35.20 hereof, or to such other person or .at such other place as Landlord may from time to time designate in writing. The acceptance by Landlord of Tenant's bank check or other clearinghouse funds shall not constitute a waiver of Landlord's right to demand timely payment in cash. Unless specifically stated otherwise in this Lease (e.g. the Security Deposit), all payments made by Tenant to Landlord shall be applied to the oldest outstanding rent (as defined in this paragraph) which is owed to Landlord by Tenant, notwithstanding what Tenant may indicate on the check by which any such payment is made or any writing or other communication of Tenant submitted with any such payment. 5.3 Throughout the term of this Lease and effective on each anniversary of the Rental Commencement Date, the Minimum Rental as set forth in Article 5.1. above shall be increased annually if the Consumer Price Index -- U.S. City Average -- All Urban Consumers (Index) as published by the United States Department of Labor's Bureau of Labor Statistics, increases over the base period Index. The base period Index shall be the Index for the calendar month which is four months prior to the month in which the Rental Commencement Date occurred. The base period Index shall be compared with the Index for the same calendar month for each subsequent year (comparison month). If the Index for any comparison month is higher than the base period Index, then the Minimum Rental for the next Lease Year shall be increased by the identical percentage commencing with the first rental payment following the anniversary of the Rental Commencement Date. Notwithstanding the above, the yearly rental increase shall in no event be less than 3%hof the Minimum Rental payable during the previous Lease year. In no event shall the Minimum Rental be less than that set forth in Article 5.1 above. (By way of illustration only, if Tenant commenced paying rent in June of 1977, then the base period Index is that for February 1977 (assume 176.3) and that Index shall be compared to the Index for February 1978 (assume 185.5); because the Index for February 1978 is 5.39% higher, the Minimum Rental effective on the Rental Commencement Date anniversary in June, 1978, shall be 5.39% higher; likewise the Index for February 1979 shall be compared with the Index for February 1977). The term "Lease Year" shall mean any calendar year during the term of this Lease, except in the case of the first partial year from the Rental commencement Date through the end of that year, which shall be the first Lease Year. Should the Index cease to be published or be published less frequently, or altered in some other manner, then Landlord shall adopt a substitute index or substitute procedure which reasonably reflects and monitors consumer prices. nor greater than 8%e except if the increase shall exceed 10%; then the increase shall be thehsum of 8% plus 31 of the increase in ee<� of 16% of the minimum ee ADBffION�L RENT. eci ESS 6.1 In addition to the Minimum rental provided in Article 5 herein, and commencing as of the Rental Commencement Date Tenant shall pay to Landlord the following items (herein called Additional Rent). 6.1.1 All real estate taxes, property management and administrative fees, and insurance premiums on the Premises, including land, building, and improvements thereon. Said real estate taxes shall include all real estate taxes and assessments that are levied upon and/or assessed against the Premises, including any taxes which may be levied on rents. Said insurance shall include all insurance premiums for fire and extended coverage, liability, and any other insurance that PJ. Landlord deems necessary on the Premises. UNLESS TENRNi PflootES P oof of INSU(LaNCL., commencing with property����tax bill for July 1;1999 and thereafter, and exclud' o any property.1 t2`'xAu capitallzed'costaof alt modiiticaatioor s to the Premises required by changes in governmental statutes, rules, regulations, laws, ordinances and/or restrictions. 6.1.3 Any parking charges, utilities surcharges, or any other costs levied, assessed or imposed by, or at the direction of, or resulting from statutes or regulations, or interpretations thereof, promulgated by any governmental authority in connection with the use or occupancy of the Premises or the parking facilities serving the Premises. /i AS DEFIt b uv AR11CltaS 6-t 1. 6.i.a,3 6.2 Landlord may, in its sole and absolute discretion, collect Additional Rents on either a "Cash" basis (collecting for actual costs subsequent to the expenditure plus an estimate for taxes GroundLeaseGGNJU9-2-98 LtNLESS1-Wik410 2(V111E S PQOOF OF 11.'SL1121AN C.0 arid insurance), & on a programmed or "Anticipated Costs" basis (Landlord's proje ion of estimated monthly expenses for the billing period/month). Landlord agrees it shall not Change the billing method more often than one (1) time in any one (1) calendar year period. In the event Landlord elects to collect Additional Rents on the Anticipated Costs herein, Landlord shall submit to Tenant a statement of the anticipated monthly Additional Rents for the period between the Rental Commencement Date and the following January 1 and Tenant shall pay these Additional Rents on a monthly basis concurrently with the payment of the Minimum Rental. Tenant shall continue to make said monthly payments until notified by Landlord of a change thereof. By March 31 of each year Landlord shall endeavor to give Tenant a statement showing the total Additional Rents for the Center for the prior calendar year and Tenant's allocable share thereof, prorated from the Rental Commencement Date. In the event the total of the monthly Additional Rent payments which Tenant has made for the prior calendar year is less than Tenant's actual share of the actual total Additional Rents then Tenant shall pay the difference in a lump sum within ten days after receipt of such statement from Landlord. Any overpayment by,.Tenant shall be credited towards the monthly Additional Rents next coming due. The actual Additional Rents for the prior year shall be used for purposes of estimating the monthly Additional Rents for the then current year. Tenant shall also pay the difference between the monthly Additional Rent payments already paid for the current calendar year and the amount of monthly Additional Rent payments which are then estimated as current monthly Additional Rents based on the prior year's experience. la -any -year -ice Rands-shere-ef •....: - iately-pay-any ditlerl . Conversely, any overpayment made shall be immediately paid by Landlord to Tenant. Failure of Landlord to submit statements as called for herein shall not be deemed to be a waiver of Tenant's requirement to pay sums as k,herein provided. ADO 11101J11 (LEMS 1u1vt Npl E ALEE &%i OF THE al IN imiaptn RENl1;1... AS brFIn%EU iN NR'T1LLrS.1 `%' 7. SECURITY DEPOSIT. Concurrently Ell✓ I~5 n�v� Ty rm y enant's execution of this Lease, Tenant has deposited with Landlord the total sum of $6,900.00. Of such sum, $2,300.00 shall be the Minimum Rent due for the first full month of the term ($1,000.00 in cash and a $1,300.00 charitable contribution receipt). The balance, a sum equivalent to $4,600.00 in cash, shall be held by Landlord as security for the faithful performance by Tenant of all the terms, covenants, and conditions of this Lease to be kept and performed by Tenant during the term hereof ("Security Deposit"). If Tenant defaults with respect to any provision of this Lease, including, but not limited to the provisions relating to the payment of rent, Landlord may (but shall not be required to) use, apply or retain all or any part of this Security Deposit for the payment of any rent or any other sum in default, or for the payment of any amount which Landlord may spend or become obligated to spend by reason of Tenant's default, or to compensate Landlord for any other loss or damage which Landlord may suffer by reason of Tenant's default, including, without limitation, the repair and/or cleaning of the Premises. If any portion of said Security Deposit is so used or applied Tenant shall, within five (5) days after written demand therefor, deposit cash with Landlord in an amount sufficient to restore the Security Deposit to its original amount and Tenant's failure to do so shall be a default under this Lease. Landlord shall not be required to keep this Security Deposit separate from its general funds, and Tenant shall not be entitled to interest on such Security Deposit. If Tenant shall fully and faithfully perform every provision of this Lease to be performed by it, the Security Deposit or any balance thereof shall be returned to Tenant (or, at Landlord's option, to the last assignee of Tenant's interest hereunder) within thirty (30) days following expiration of the Lease term. In the event of termination of Landlord's•interest in this Lease, Landlord shall transfer said Security Deposit to Landlord's successor in interest. 8. TERM. The Lease term shall be ten (10) full calendar years. The original term of this Lease commences on October 1, 1998 and terminates on September 30, 1998. The parties hereto acknowledge that certain obligations under various Articles hereof may commence prior to the Lease term, i.e. construction, hold harmless, liability insurance, etc.; and the parties agree to be bound by these articles prior to commencement of the Lease term. 9. EXTENSION OPTION. Provided Tenant is using the Premises, has not relet or sublet the GroundLease G GNJ L/9-2-98 EL, • g Premises or any part thereof, and is not in default under the terms of this Lease, Tenant may extend this Lease for one (1) additional period of five (5) years, with one hundred eighty (180) days prior written notice to the -Landlord. The rental rate shall be established at the rate that would be due if the same method of calculating increases during the primary term was utilized. In no event shall the rent decrease below the rent charged in the last year of the primary term. 10. USES PROHIBITED. Tenant shall not do or permit anything to be done in or about the Premises nor bring or keep anything therein which is not within the permitted use of the Premises or which will in any way increase the existing rate of or affect any fire or any other insurance upon the Premise, or cause a cancellation of any insurance policy covering Premise. Tenant shall not do or permit anything to be done in or about the Premises which will in any way obstruct or interfere with the rights of Landlord's Tenants which occupy the gasoline service station directly adjacent to the Premises or injure or annoy them or use or allow the Premises to be used for any improper, immoral, unlawful or objectionable purpose; nor shall Tenant cause, maintain or permit any nuisance in, on or about the Premises. Tenant shall not commit or allow to be committed any waste in or upon the Premises. TE IN1 1S PEIiy111tTEb -I Lsant°LOIva To nnAKE oaaL.cdra$F{SL1 NECEISn2Y REPA-MS o.. tramovEME tS Tb 11-1E PRFrritSES Su LUNG AS Trie1 Ant- IN LIVE w%Trt USL bF THE PRerytu' AS A ?FIRKIN(, Lor D1xRr.j6- -The- iert(y1 OF THrS LEW3E 11. COMPLIANCE WITH LAW. Tenant shall not use the Premises, or permit anything to be done in or about the Premises, which will in any way conflict with any law, statute, ordinance or governmental rule or regulation now in force or which may hereafter be enacted or promulgated. Tenant shall, at its sole cost and expense, promptly comply with all applicable Federal, State and local laws, statutes, ordinances and governmental rules, regulations or requirements now in force or which may hereafter be in force and with the requirements of any board of fire underwriters or other similar bodies now or hereafter constituted relating to or affecting the condition, use or occupancy of the Premises, excluding structural changes not related to or affected by Tenant's improvements or acts. The judgment of any court of competent jurisdiction or the admission of Tenant in any action against Tenant, whether Landlord be a party thereto or not, that Tenant has violated any law, statute, ordinance or governmental rule, regulation or requirement, shall be 6o. conclusive of that fact as between the Landlord and Tenant (7,7UNLESS TNE / f\n. t LINE W11r( rtmIIITAININ6 THEPQEIniSE AS/\PURKI N(, -L01. 12. ALTERATIONS AN ADDITIONS. Tenant shall not make or allow to be made any alterations, additions, or improvement o or of the Premises or any part thereof without first obtaining the prior L written consent of Landlord. Tenant straft use Landlord's contractors for all alterations, additions L /,, or improvements to or of the said Premises. _ _ ' _ bol ute- • - - . • ' contractor. Any alterations, additions or improvements to or of said Premises, shall at once become a part of the realty and belong to the Landlord and shall be surrendered with the Premises. % In the event Landlord consents to the making of any alterations, additions or improvements to the Premises by Tenant, it shall be in writing and the alterations, additions and improvements shall be made by Tenant at Tenant's sole cost and expense and in conformance with any reasonable conditions imposed by Landlord, including without limitation requirements of security for payment of mechanics and materialmen liens and permits and licenses. Upon the expiration or sooner termination of the term hereof, Tenant shall, upon written demand by Landlord given at least thirty (30) days prior to the end of the term, at Tenant's sole cost and expense, forthwith and with all due diligence, remove any alterations,' additions, or improvements made by Tenant, designated by CC Landlord to be removed, and Tenant shall, forthwith and with all due diligence, at its sole cost and G1.1 expense, repair any damage to the Premises caused by such removal. -rnsi Awl IS NUT ReEau\raEb To PAY fbKTFie flEmUVIPL OF ALTEPAT 'NUS JAUDITIOIJS, De- ImPRuvemtl"NTS Tb t -U aREmTSr ►-15 A P19alo1N6- LbT. 13. REPAIRS. By entry hereunder, Tenant shall be deemed to have accepted the Premises as being in good, sanitary order, condition and repair. Tenant shall, at Tenant's sole cost and expense, keep the Premises and every part thereof in good condition, sanitary order and repair. Tenant shall, upon the expiration or sooner termination of this Lease, surrender the Premises to the Landlord in good and sanitary condition, broom clean, ordinary wear and tear excepted and provide Landlord with records of all maintenance and/or service contracts. Any damage to the Premises caused by Tenant's use of the Premises shall be repaired at the sole cost and expense of Tenant. 14. LIENS. Tenant shall keep the Premises free from any liens arising out of any work performed, materials furnished or obligations incurred by or on behalf of Tenant. Landlord may require, at GroundLeaseGGNJL/9-2.98 III Landlord's sole option, that Tenant shall provide to Landlord, at Tenant's sole cost and expense, a lien and completion bond in an amount equal to one and one-half (1-1/2) times the estimated cost of any improvements, additions, or alterations to the Premises which the Tenant desires to make, to insure Landlord against any liability for mechanics' and materialmen's liens and to insure completion of the work. At least fifteen (15) days prior to Tenant or Tenant's contractor commencing any work, Tenant shall notify Landlord so Landlord may post a Notice of Non - Responsibility. • 15. ASSIGNMENT AND SUBLETTING. 15.1 Tenant shall not either voluntarily, or by operation of law, assign, transfer, mortgage, pledge, hypothecate or encumber this Lease or any interest herein, and shall not sublet the said Premises or any part thereof, or any right or privilege appurtenant thereto, or allow any other person (the employees, agents, servants and invitees of Tenant excepted) to occupy or use the Premises, or any portion thereof, without first obtaining the written consent of Landlord, which consent shall not be unreasonably withheld. In the event of a proposed assignment of the Lease or a proposed subletting of all of the Premises, within the primary term, or any time during any extension hereof, Landlord shall have the right to terminate the Lease as of the proposed effective date of such assignment or subletting. A consent to one assignment, subletting, occupation or use by any other person shall not be deemed to be a consent to any subsequent assignment, subletting, occupation or use by another person. Consent to any such assignment or subletting shall in no way relieve Tenant of any liability under this Lease. Any such assignment or subletting without such consent shall be void, and shall, at the option of the Landlord, constitute a default under the terms of this Lease. 15.2 Landlord and Tenant agree that failure of any one of the following factors, or any other reasonable factor, will be reasonable grounds for declining the Tenant's request: 15.2.1 Financial strength of proposed subtenant/assignee must be at least equal to that of existing Tenant, and the proposed subtenants/assignee must have substantially similar tax exempt status as required of Tenant in Article 5.1 hereof; 15.2.2 Good and sufficient business reputation of proposed subtenant/assignee and must be in accordance with generally acceptable commercial standards; 15.2.3 Use of the Premises by the proposed subtenant/assignee will be identical to the use permitted by this Lease; 15.2.4 Percentage rents or projected percentage rents of proposed subtenant/assignee must be at least equal to that of the existing Terms; 15.2.5 Business experience, managerial and operating skills of proposed subtenant/assignee must be equal to or greater than those of existing Tenant; 15.2.6 Use of the Premises by the proposed subtenant/assignee will not violate or create any potential violation of any laws, rules, regulations, or in any way effect the insurance on the Premises; and 15.2.7 Use of the Premises will not violate any other agreements affecting the Premises, the Landlord, and shall not duplicate, interfere with, infringe upon, or cause undue hardship on the Landlord. 15.3 If Tenant is a partnership, a withdrawal or change, voluntary, involuntary, or by operation of law, of the partner or partners owning twenty-five percent (25%) or more of the partnership, or the dissolution of the partnership, shall be deemed a voluntary assignment. 15.4 If Tenant is a corporation, any dissolution, merger, consolidation, or other reorganization of Tenant, or the sale or other transfer of twenty-five percent (25%) of the capital stock of Tenant, or the sale of at least fifty-one percent (51 %) of the value of the assets of Tenant, GroundLeaseGGNJL/9-2-98 • shall be deemed a voluntary assignment. 15.5 In the event that Landlord shall consent to a subLease or assignment hereunder, the minimum base rent due shall be increased by $200.00. All rent received by Tenant from its subtenants in excess of the Minimum Rental payable by Tenant to Landlord under this Lease shall be paid to Landlord. "Rent" as used in this paragraph shall include, without limitation, any sums to be paid by an assignee to Tenant in consideration of the assignment of this Lease. In the event that Landlord consents to a proposed assignment or subletting, Tenant shall pay Landlord reasonable fees including attorneys' fees incurred in connection with each such request and in no event less than $500.00. 16. HOLD HARMLESS. 16.1 Tenant shall indemnify and hold harmless Landlord against and from any and all claims arising from Tenant's use of the Premises or from the conduct of Tenant's business or from any activity, work, or other things done, permitted or suffered by the Tenant in or about the Premises. Tenant shall further indemnify and hold harmless Landlord against and from any and all claims arising from any breach or default in the performance of any obligation on Tenant's part to be performed under the terms of this Lease, or arising from any act, error, omission, or negligence of the Tenant, or any officer, agent, employee, guest, or invitee of Tenant, and from all costs, attor- ney's fees, and liabilities incurred in or about the defense of any such claim or any action or proceeding brought thereon and in case any action or proceeding be brought against. Landlord by reason of such claim. Tenant upon written notice from Landlord shall defend the same at Tenant's sole expense and by counsel satisfactory to Landlord. Tenant, as a material part of the consideration to Landlord, hereby assumes all risk of damage to property or injury to persons in, upon or about the Premises, from any cause other than Landlord's sole and willful negligence; and Tenant hereby waives all claims in respect thereof against Landlord. Tenant shall give prompt written notice to Landlord in case of any claim by any person(s) for injury or property damage sustained or from any incidents which may give rise to a claim. 16.2 Landlord or its agents shall not be liable for any Toss or damage to persons or property resulting from fire, explosion, falling plaster, steam, gas, electricity, water or rain which may leak from any part of the Premises or from the pipes, appliances or plumbing works therein or from the roof, street or subsurface or from any other place resulting from dampness or any other cause what- soever, unless it has been determined to be caused by the sole negligence of Landlord, its agents, servants, representatives or employees. Landlord or its agents shall not be liable for interference with the Tight, air, or for any latent defect in the Premises. Any liability of Landlord shall be limited to its interest in the Premises. 17. SUBROGATION. As long as Landlord's and Tenant's respective insurers so permit, Landlord and Tenant hereby mutually waive their respective rights of recovery against each other for any Toss insured by fire, extended coverage and other property insurance policies existing for the benefit of the respective parties. 18. INSURANCE BY TENANT 18.1 Tenant shall, at Tenant's expense, obtain and keep in force during the term of this Lease a policy of comprehensive public liability insurance insuring Landlord and Tenant against any liability arising out of the ownership, use, occupancy or maintenance of the Premises and all areas appurtenant thereto. Such insurance shall be in the amount of not less than $1,000,000 combined single limit for injury or death of one or more persons in any one accident or occurrence. Such insurance shall further insure Landlord and Tenant against liability for property damage of at least $500,000. The limit of any such insurance shall not, however, limit the liability of the Tenant hereunder. Tenant may provide this insurance under a blanket policy, provided that said insurance shall have a Landlord's protective liability endorsement attached thereto. If Tenant shall fail to procure and maintain said insurance, Landlord may, but shall not be required to, procure and maintain same, but at the sole expense of Tenant. The insurance required hereunder shall be placed with companies licensed to do business in the State of California and shall be of good reputation. Gro'undLeaseGGNJL/9-2-98 IP Tenant shall deliver to Landlord, prior�"o right of entry, copies of policies of the insurance required herein or provide Landlord with certificates of insurance evidencing such insurance with Toss payable and additional named insured endorsements satisfactory to Landlord. Policy shall provide thirty (30) days cancellation notice or of a material change in the policy. All such policies shall be written as primary policies not contributing with and not in excess of coverage which Landlord may carry. 18.2 Tenant shall be responsible for the maintenance and replacement, whenever necessary, of all plate and other glass on the Premises, if any, and shall insure against risk. 19. UTILITIES. Tenant shall pay for all water, gas, heat, Tight, power, sewer charges, telephone •service and all other services and utilities supplied to the Premises, together with any taxes thereon. If any such services are not separately metered to Tenant, Tenant shall pay a reasonable proportion to be determined by Landlord of all charges. jointly metered with other Premises. There are no /% utilities on property. Tenant to be responsible for any that'are added, 20. PERSONAL PROPERTY TAXES. Tenant shall pay, or cause to be paid, before delinquency anVO. and all taxes levied or assessed and which become payable during the term hereof upon all Tenant's Leasehold improvements, equipment, furniture, fixtures, and any other personal property located in the Premises. in the event any or all of the Tenant's Leasehold improvements, equipment, furni- ture, fixtures and other personal property shall be assessed and taxed with the real property, Tenant shall pay to Landlord its share of such taxes within ten (10) days after delivery to Tenant by Landlord of a statement in writing setting forth the amount of such taxes applicable to Tenant's property. 21. RULES AND REGULATIONS. Tenant shall faithfully observe and comply with the rules and regulations that Landlord shall from time to time promulgate and/or modify. The rules and regulations shall be binding upon the Tenant upon delivery of a copy of them to Tenant. Landlord shall not be responsible to Tenant for the nonperformance of any of said rules and regulations by any other tenants, occupants, or other persons. 22. HOLDING OVER. If Tenant remains in possession of the Premises or any part thereof after the expiration of the term or any extension hereof with the express written consent of Landlord, such occupancy shall be a tenancy from month to month at a rental in an amount equal to 175% of the last monthly Minimum Rental, plus all other charges payable hereunder, and upon all the terms hereof applicable to a month to month tenancy. 23. ENTRY BY LANDLORD. Landlord reserves, and shall at any and all times have, the right to enter the Premises to inspect the same, to submit said Premises to prospective purchasers or tenants, to post notices of non -responsibility, to repair the Premises that Landlord may deem necessary or desirable, without abatement of rent, and may for that purpose erect scaffolding and other necessary structures where reasonably required by the character of the work to be performed, always providing that the entrance to the Premises shall not be unreasonably blocked thereby, and further providing that the business of the Tenant shall not be interfered with unreasonably. Tenant hereby waives any claim for damages or for any injury or inconvenienge to or interference with Tenant's business, any loss of occupancy or quiet enjoyment cf the Premises, and any other Toss occasioned thereby. For each of the aforesaid purposes, Landlord shall at all times have and retain a key with which to unlock all of the doors/gates in, upon and about the Premises, excluding Tenant's vaults, safes and files, and Landlord shall have the right to use any and all means which Landlord may deem proper to open said doors/gates in an emergency, in order to obtain entry to the Premises without liability to Tenant except for any failure to exercise due care for Tenant's property. Any entry to the Premises obtained by Landlord by any of said means, or otherwise, shall not under any circumstances be construed or deemed to be a forcible or unlawful entry into, or a detainer of, the Premises, or an eviction of Tenant from the Premises or any portion thereof. 24. TENANT'S DEFAULT. The occurrence of any one or more of the following events shall constitute a default and breach of this Lease by Tenant. 24.1 The vacating or abandonment of the Premises by Tenant. Abandonment shall include not meeting the conditions of Article 33. GroundLeaseGGNJL/9-2-98 /0 24.2 The failure by Tenant to make any payment of rent or any other payment required to be made by Tenant hereunder, as and when due, where such failure shall continue for a period of three (3) days after written notice thereof by Landlord to Tenant. 24.3 The failure by Tenant to observe or perform any of the covenants, conditions or provisions of this Lease to be observed or performed by the Tenant, other than described in Article 24.2. above, where such failure shall continue for a period of fifteen (15) days after written notice by Landlord to Tenant; provided, however, that if the nature of Tenant's default is such that more than fifteen (15) days are reasonably required for its cure, then Tenant shall not be deemed to be in default if Tenant commences such cure within said fifteen (15) day period and thereafter diligently prosecutes such cure to completion. 24.4 The making by Tenant of any general assignment or general arrangement for the benefit of creditors; or the filing by or against Tenant of a petition to have Tenant adjudged a bankrupt, or a petition or reorganization or arrangement under any law relating to bankruptcy (unless, in the case of a petition filed against Tenant, the same is dismissed within sixty (60)'days); or the appointment of a trustee or a receiver to take possession of substantially all of Tenant's assets located at the Premises or of Tenant's interest in this Lease, where possession is not restored to Tenant within thirty (30) days; or the attachment, execution or other judicial seizure of substantially all of Tenant's assets located at the Premises or of Tenant's interest in this Lease, where such seizure is not discharged within thirty (30) days. 25. REMEDIES IN DEFAULT. In the event of any such default or breach by Tenant, Landlord may at any time thereafter, in his sole discretion, with or without limiting Landlord in the exercise of a right or remedy which Landlord may have by reason of such default or breach: 25.1 Terminate Tenant's right to possession of the Premises by any lawful means, in which case this Lease shall terminate and Tenant shall immediately surrender possession of the Premises to Landlord. In such event, Landlord shall be entitled to recover from Tenant all damages incurred by Landlord by reason of Tenant's default including, but not limited to, the cost of recovering possession of the Premises; expenses of reletting, including necessary renovation and alteration of the Premises; reasonable attorneys' fees; the worth at the time of award by the court having jurisdiction thereof of the amount by which the unpaid rent and other charges and Additional Rents called for herein for the balance of the term after the time of such award exceed the amount of such loss for the same period that Tenant proves could be reasonably avoided; and that portion of any leasing commission paid by Landlord and applicable to the unexpired term of this Lease. Unpaid installments of rent or other sums shall bear interest from the date due at the maximum legal rate; or 25.2 Maintain Tenant's right to possession, in which case this Lease shall continue in effect whether or not Tenant shall have abandoned the Premises. In such event, Landlord shall be entitled to enforce all of Landlord's rights and remedies under this Lease, including the right to recover the rent and any other charges and Additional Rents as may become due hereunder; or 25.3 Pursue any other remedy now or hereafter available to Landlord under the laws or judicial decisions of the state in which the Premises are located. 26. DEFAULT BY LANDLORD. Landlord shall not be in default unless Landlord fails to perform obligations required of Landlord within a reasonable time, but in no event later than thirty (30) days after written notice by Tenant to Landlord and to the holder of any first mortgage or deed of trust covering the Premises whose name and address shall have theretofore been furnished to Tenant in writing, specifying wherein Landlord has failed to perform such obligation; provided, however, that if the nature of Landlord's obligation is such that more than thirty (30) days are required to perform, then Landlord shall not be in default if Landlord commences performance within such thirty (30) day period and thereafter diligently prosecutes the same to completion. In no event shall Tenant have the right to terminate this Lease as a result of Landlord's default and Tenant's remedies shall be limited to damages and/or an injunction. The liability. of Landlord shall be limited to Landlord's interest in the Premises. GroundLeaseGGNJL/9-2-98 • 27. RECONSTRUCTION. Landlord shall not be required to repair any injury or damage by fire or other cause, or to make any repairs or replacements of any Leasehold improvements, fixtures or other personal property of Tenant. This Article 27 supersedes the provisions of Civil Code Section 1933. 28. EMINENT DOMAIN. If more than thirty percent (30%) of the Premises shall be taken or appropriated by any public or quasi- public authority under the power of eminent domain, either party hereto shall have the right, at its option, within sixty (60) days after said taking, to terminate this Lease upon thirty (30) days written notice. If either less than or more than thirty percent (30%) of the Premises are taken (and neither party elects to terminate as herein provided) the Minimum Rental thereafter to be paid shall be equitably reduced. If any part of the Center other than the Premises may be so taken or appropriated, Landlord shall within sixty (60) days of said taking have the right at its option to terminate this Lease upon written notice to Tenant. In the event of any taking or appropriation whatsoever, Landlord shall be entitled to any and all awards and/or settlements which may be given and Tenant shall have no claim against Landlord for the value of any unexpired term of this Lease including any "bonus -value", and Tenant waives any claim to any portion of the award. 29. TELEPHONES. Tenant is specifically PROHIBITED from installing and/or maintaining any public and/or pay telephone on the Premises. 30. SIGNS. Tenant shall not affix upon the Premises any signs, advertising, placards, names, insignia, trademarks, promotional material, or any other sign or material by any description, without Landlord's prior written consent. 31. ADVERTISING. Tenant agrees not to install any advertising lighting, amplifiers or similar devices or use, in or about the Premises, any advertising medium which may be heard or seen outside the Premises, such as flashing lights, searchlights, loudspeakers, phonographs or radio broadcasts. 32. AUCTIONS. Tenant shall not conduct or permit to be conducted any sale by auction in, upon or from the Premises, whether said auction be voluntary, involuntary, pursuant to any assignment for the payment of creditors or pursuant to any bankruptcy or other insolvency proceeding. 33. TENANT'S CONDUCT OF BUSINESS. Tenant shall not commit or suffer to be committed any nuisance or other act or thing, or any thing to be done in or about the Premises that will in any manner whatsoever obstruct or interfere with the rights of Landlord's Tenant's in possession of any adjacent parcel or inure or annoy them; nor shall Tenant allow the Premises to be used for any improper, immoral, unlawful or objectionable purpose. 34. BANKRUPTCY OR INSOLVENCY. 34.1 Neither Tenant's interest in this Lease, nor any estate hereby created in Tenant nor any interest herein or therein, shall pass to any trustee or receiver or assignee for the benefit of creditors or otherwise by operation of law except as may specifically be provided pursuant to the Federal Bankruptcy Code. 34.2 In the event the interest or estate created in Tenant hereby shall be taken in execution or by other process of law, or if Tenant's Guarantor, if any, or its executors, administrators, or assigns, if any, shall be adjudicated insolvent or bankrupt pursuant to the provisions of any state act or the Federal Bankruptcy Code or if Tenant is adjudicated insolvent by a court of competent jurisdiction other than the United States Bankruptcy Court, or if a receiver or trustee of the property of Tenant or Tenant's Guarantor, if any, shall be appointed by reason of the insolvency or inability of Tenant or Tenant's Guarantor, if any, to pay its debts, or if any assignment shall be made of the property of Tenant or Tenant's Guarantor, if any, for the benefit of creditors, then and in such events, this Lease and all rights of Tenant hereunder shall automatically cease and terminate with the same force and effect as though the date of such event were the date originally set forth herein and fixed for the expiration of the term, and Tenant shall vacate and surrender the Premises but shall remain liable as herein provided. Gro undLease GGNJ L/9-2-98 L. IoZ • • • 34.3 Tenant or Tenant's Guarantor, if any, shall not cause or give cause for the appointment of a trustee or receiver of the assets of Tenant or Tenant's Guarantor, if any, and shall not make any assignment for the benefit of creditors, or become or be adjudicated insolvent. The allowance of any petition under insolvency law except under the Federal Bankruptcy Code or the appointment of a trustee or receiver of Tenant or Tenant's Guarantor, if any, or of the assets of either of them, shall be conclusive evidence that Tenant caused, or gave cause therefor, unless such allowance of the petition, or the appointment of a trustee or receiver, is vacated within sixty (60) days after such allowance or appointment. Any act described in this paragraph shall be deemed a material breach of Tenant's obligations hereunder, and this Lease shall thereupon automatically terminate. Landlord does, in addition, reserve any and all other remedies provided in this Lease or in law. 34.4 34.4.1 Upon the filing of a petition by or against Tenant under the Federal Bankruptcy Code, Tenant, as debtor and as debtor in possession, and any trustee who may be appointed agree as follows: 34.4.1.1 to perform each and every obligation of Tenant under this Lease until such time as this Lease is either rejected or assumed by order of the United States Bankruptcy Court; 34.4.1.2 to pay monthly in advance on the first day of each month as reasonable compensation for use or occupancy of the Premises an amount equal to all Minimum Rental and other charges otherwise due pursuant to this Lease and to pay Percentage Rental quarterly in the percentage set forth in this Lease for the Lease Year in which such quarter falls on all Gross Sales during such quarter less Minimum Rent actually paid in such quarter, payment of all such Percentage Rental to be made by the 30th of the month following the applicable quarter; 34.4.1.3 to reject or assume this Lease within sixty (60) days of the filing of such petition under Chapter 7 of the Federal Bankruptcy Code or within one hundred twenty (120) days (or such shorter term as Landlord, in its sole discretion, may deem reasonable so long as notice of such period is given) of the filing of a petition under any other chapter; 34.4.1.4 to give Landlord at least forty-five (45) days' prior written notice of any proceeding relating to any assumption of this Lease; 34.4.1.5 to give at least thirty (30) days' written notice of any abandonment of the Premises; any such abandonment to be deemed a rejection of this Lease; 34.4.1.6 to do all other things of benefit to Landlord otherwise required under the Federal Bankruptcy Code; 34.4.1.7 to be deemed to have rejected this Lease in the event of the failure to comply with any of the above; 34.4.1.8 to have consented to the entry of an order by appropriate United States Bankruptcy Court providing all of the above, waiving notice and hearing of the entry of same. 34.4.2 No default of this Lease by Tenant, either prior to or subsequent to the filing of such a petition, shall be deemed to have been waived unless expressly done so in writing by Landlord. 34.4.3 It is understood and agreed that this is a Lease of real property in a shopping center as such a Lease is described in Section 365(b)(3) of the Federal Bankruptcy Code. 34.4.4 Included within and in addition to any other conditions or obligations imposed upon Tenant or its successor in the event of assumption and/or assignment are the following: 34.4.4.1 the cure of any monetary defaults and the reimbursement of pecuniary GroundLeaseGGNJL/9-2-98 r • loss within not more than thirty (30) days of assumption and/or assignment; and posit-ot an-additional-sty -R:.c::., be heIa sesur+ty-pursua 34.4.4.3 the use of the Premises as set forth in this Lease and the quality, or quantity of any goods or services, (and, in the case of goods, the lines of merchandise) required to be offered for sale are unchanged; and 34.4.4.4 the reorganized debtor or assignee of such debtor in possession or of Tenant's trustee demonstrates in writing that it has sufficient background and financial ability to operate a retail establishment out of the Premises in the manner contemplated in this Lease including, but not limited to, retailing experience in shopping centers of comparable size; and meets all other reasonable criteria of Landlord as did Tenant upon execution of this Lease; and 34.4.4.5 the prior written consent of any mortgagee to which this Lease has been assigned as collateral security; and 34.4.4.6 the Premises, at all times, remains a single store and no physical changes of any kind may be made to the premises unless in compliance with the applicable provisions of this Lease. 35. GENERAL PROVISIONS. 35.1 Plats and Riders. Clauses, plats, riders and addenda, if any, affixed to this Lease are a part hereof. 35.2 Waiver. The waiver by Landlord of any term, covenant or condition herein contained shall not be deemed to be a waiver of such term, covenant or condition or any subsequent breach of the same or any other term, covenant or condition herein contained. The subsequent acceptance of rent hereunder by Landlord shall not be deemed to be a waiver of any preceding default by Tenant of any term, covenant or condition of this Lease, other than the failure of the Tenant to pay the particular rental so accepted, regardless of Landlord's knowledge of such preceding default at the time of the acceptance of such rent. 35.3 Joint Obligation. If more than one (1) Tenant is shown on the signature page hereof the obligations hereunder imposed shall be joint and several. 35.4 Marginal Headings. The marginal headings and titles to the articles of this Lease are not a part of the Lease and shall have no effect upon the construction or interpretation of any part hereof. 35.5 Time. Time is of the essence in this Lease and each and all,of its provisions in which performance is a factor. 35.6 Successors and Assigns. The covenants and conditions herein contained, subject to the provisions as to assignment, apply to and bind the heirs, successors, executors, administrators and assigns of the parties hereto. 35.7 Recordation. Neither Landlord nor Tenant shall record this Lease, but a short form memorandum hereof may be recorded at the request of the Landlord or Tenant in a form acceptable to both. 35.8 Other Taxes. If at any time during the term of this Lease the methods of taxation prevailing at the execution hereof shall be altered so that in lieu of, or as a supplement to, or a substitute for, the whole or any part of the Taxes now levied, assessed or imposed on the Premises, there shall be levied, assessed or imposed a tax, assessment, levy, imposition or charge, wholly or partially as a capital levy or otherwise, on the rents received therefrom, or a tax, assessment, levy (including but not limited to any municipal, state or federal levy), imposition or charge measured by GroundLeaseGGNJL/9-2-98 • • or 'based in whole or in part upon the Premises and imposed upon Landlord, or a license fee measured by the rent payable under this Lease, then all such taxes, assessments, levies, impositions, charges or the part thereof so measured or based, shall be deemed to be included within the term "Taxes" as defined in Article 6, and Tenant shall pay and discharge the same as herein provided in respect of the payment of Taxes, it being the intention of the parties hereto that the rent to be paid hereunder shall be paid to Landlord absolutely net without deduction of any nature whatsoever, foreseeable or unforeseeable. 35.9 Exclusion from Taxes. Nothing in this Lease contained shall require Tenant to pay any franchise, estate, inheritance, succession, or income tax of Landlord. 35.10 Quiet Possession. Upon Tenant paying the rent reserved hereunder and observing and performing all of the covenants, conditions and provisions on Tenant's part to be observed and performed hereunder, Tenant shall have quiet possession of the Premises for the entire term hereof, subject to all the provisions of this Lease. 35.11 Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of rent or other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed upon Landlord by terms of any mortgage or trust deed covering the Premises. Accordingly, if any installment of rent or any sum due from Tenant shall not be received by Landlord or Landlord's designee within ten (10) days after said amount is past due, then Tenant shall pay to Landlord a late charge of $50.00 for each and every late payment, excepting however, that if Tenant shall be late in payment on more than three (3) occasions, such late charge shall be $150.00 for each and every late payment thereafter plus reasonable attorneys' fees incurred by Landlord by reason of Tenant's failure to pay rent and/or other charges when due hereunder. The parties hereby agree that such late charges represent a fair and reasonable estimate of the cost that Landlord will incur by reason of the late payment by Tenant. Acceptance of such late charges by the Landlord shall in no event constitute a waiver of Tenant's default with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. All late charges and rent past due shall also accrue interest at 18% per annum or the maximum rate allowable under California law from the date which follows the expiration of any applicable grace period. 35.12 Prior Agreements. This Lease contains all of tha agreements of the parties hereto with respect to any matter covered or mentioned in this Lease, and no prior agreements or understanding pertaining to any such matters shall be effective for any purpose. All representations and warranties of the parties are contained herein, except for Tenant's (and any Guarantor's) financial statements. No provision of this Lease may be amended or added to except by an agreement in writing signed by the parties hereto or their respective successors in interest. This Lease shall not be effective or binding on any party until fully executed by both parties hereto. 35.13 Inability to Perform. This Lease and the obligations of the Tenant hereunder shall not be affected or impaired because the Landlord is unable to fulfill any of its obligations hereunder or is delayed in doing so, if such inability or delay is.caused by reason of strike, labor troubles, acts of God, inability to secure materials, governmental regulation or any other cause beyond the reason- able control of the Landlord. 35.14 Partial Invalidity. Any provision of this Lease which shall prove to be invalid, void, unenforceable or illegal shall in no way affect, impair or invalidate any other provision hereof and such other provision shall remain in full force and effect. 35.15 Cumulative Remedies. No remedy or election hereunder shall be deemed exclusive but shall, whenever possible, be cumulative with all other remedies at law or in equity. 35.16 Choice of Law. This Lease shall be governed by the laws of the State of California. 35.17 Attorneys' Fees. In the event of any action or proceeding brought by either party against the other under this Lease the prevailing party shall be entitled to recover for the fees of its GroundLeaseGGNJL/9-2-98 attorneys in such action or proceeding, including costs of appeal, if any, in such amount as the court may adjudge reasonable as attorneys' fees. The attorneys' fees award shall not be computed in accordance with any court fee schedule, but shall be in an amount fully reimbursed all attorneys' fees reasonably incurred in good faith. In addition, should it be necessary for Landlord to employ legal counsel to enforce any of the provisions herein contained, Tenant agrees to pay all reasonable attorneys' fees and court costs reasonably incurred. 35.18 Sale of Premises by Landlord. In the event of any sale of the Premises by Landlord, Landlord shall be and is hereby entirely freed and relieved of all liability under any and all ofits covenants and obligations contained in or derived from this Lease arising out of any act, occurrence or omission occurring after the consummation of such sale; and the purchaser, at such sale or any subsequent sale of the Premises shall be deemed, without any further agreement between the parties or their successors in interest or between the parties and any such purchaser, to have assumed and agreed to carry out any and all of the covenants and obligations of the Landlord under this Lease. 35.19 Subordination, Attornment. Upon the request of Landlord, Tenant will in writing subordinate its rights hereunder to the lien of any mortgage or deed of trust, to any bank, insurance company or other lending institution (collectively "mortgagee"), now or hereafter in force against the Premises, and to all advances made or hereafter to be made upon the security thereof. Each such mortgagee shall execute a separate agreement, in recordable form, for the benefit of Tenant and said agreement shall contain provisions providing in substance that so long as Tenant is not in default in the performance of the terms, covenants and condition to be performed on its part under this Lease within the applicable grace periods therefor, this Lease and all to the terms, provisions and conditions thereof shall remain in full force and effect and neither this Lease nor Tenant's rights to, or possession of, the Premises will be disturbed during the original term or any renewal term thereof notwithstanding any foreclosure of any such mortgage. In the event any proceedings are brought for foreclosure, or in the event of the exercise of the power of sale under any mortgage or deed of trust made by the Landlord covering the Premises, Tenant shall attorn to the purchaser upon any such foreclosure or sale and recognize such purchaser as the Landlord under this Lease. 35.20 Notices. Except for a "Notice to Pay Rent or Quite", "Notice to Perform Covenant or Quit", "Notice of Change Terms of Tenancy", or "Notice of Termination of Tenancy" (in the case of Tenant's holdover), all notices and demands which may or are to be required or permitted to be given by either party on the other hereunder, shall be in writing and shall be sent by certified United States Mail postage pre -paid, and addressed to the respective parties at the addresses herein below, or to such other place that the parties may from time to time designated in a notice provided pursuant to this.paragraph, and shall be deemed given when actually given and return receipt signed. To Landlord at: Thrifty Oil Co. BI.S1 C\Lirotizw\\a Lto 13539 E. Foster Road Santa Fe Springs, CA 90670 To Tenant at: Attn: Real Estate Department Telephone No. (562) 921-3581 Beach Cities Christian Fellowship Church of the Nazarene, Inc. 730 11th Street Hermosa Beach, CA 90254 Attn: Scott Bullock, Pastor Telephone No. (310) 318-8571 Residence (310) 722-7859 Church A "Notice to Pay Rent or Quit", "Notice to Perform Covenant or Quit", "Notice of change Terms of Tenancy", or "Notice of Termination of Tenancy" (in the case of Tenant's holdover) shall be served upon tenant in accordance and deemed effective pursuant to applicable California Law, with no other requirement whatsoever required in the giving of any one of these four (4) notices. GroundLeaseGGNJU9-2-98 (6 • 35.21 Tenant's Statement. Tenant shall at any time and from time to time, within ten (10) days after Tenant's receipt of Landlord's written request from Landlord, execute, acknowledge and deliver to Landlord a statement in writing (a) certifying that this Lease is unmodified and in full force and effect (or, if modified, stating the nature of such modification and certifying that this Lease as so modified is in full force and effect), and the date to which the rental and other charges are paid in advance, if any, and (b) acknowledging that there are not, to Tenant's knowledge, any uncured defaults on the part of Landlord hereunder, or specifying such defaults if any are claimed, and 0 setting forth the date of commencement of rents and expiration of the term hereof. Any such statement may be relied upon by the prospective purchaser or encumbrancer of all or any portion of the real property of which the Premises are a part. . - - • • • • - . - ... at 35.22 Authority of Tenant. If Tenant is a corporation, each individual executing this Ldase on behalf of said corporation represents and warrants that he is duly authorized to execute and deliver this Lease on behalf of said corporation, in accordance with the bylaws of said corporation, and that this Lease is binding upon said corporation. Each individual's signature shall be notarized and corporate resolution defining his authority attached. 35.23 Landlord's Consent. Where Landlord's consent is required in this Lease, such consent shall not be given unless Landlord determines that there are no detrimental affects to Landlord and/or other tenants from, among other items of consideration: the proposed use; the previous business experience of the prospective tenant. 36. BROKERS. Tenant warrants that it has had no dealings with any real estate broker or agents in connection with the negotiation of this Lease and it knows of no real estate broker or agent who is entitled to a commission in connection with this Lease except Terry Stanaway, Broker/Associate, Remax, Beach Cities Realty, 7298 Manchester Avenue, Los Angeles, California, 90045. 37. FIXTURES. Tenant shall provide and maintain at its own expense all fixtures that may be required by Tenant's business. Tenant's trade andother fixtures, equipment, and furniture placed on the Premises by Tenant shall remain the property of Tenant. Tenant may, not later than the expiration of the term hereof, remove such trade and other fixtures if removal is done so as not to damage the Premises; and such fixtures, equipment, and furniture not so removed shall become Landlord's property. At the expiration or sooner termination of this Lease, Tenant must remove all fixtures, equipment, and furniture and repair any damage to the Premises caused by such removal unless a written agreement is executed by Landlord and Tenant as to which fixtures, equipment, and furniture will remain. 38. HAZARDOUS SUBSTANCES: The Premises directlyadjacent to a parcel of real property which is the site of a gasoline service station. During the years in winch the service station was operated, gasoline may have been spilled on or beneath the Premises. Landlord, in compliance with all laws and with the approval of the appropriate government agencies, is handling any remediation which may be required as a result of the service station operations. GroundLeaseGGNJL/9-2-98 • 39. FORCE MAJEURE. In the event of a delay caused by reasons of strike, acts of God or other causes beyond the control of Landlord or Tenant, Landlord or Tenant shall not be in default for the period for such delay. 40. CREDIT REPORT. Final execution of this Lease is subject to Landlord's review and approval in its sole discretion, of the written credit report provided by a reputable credit reporting agency. WHEREFORE, the parties hereto execute this Ground Lease as of the day and year first written above. LANDLORD: TENANT: California corporation .gLS'( LAL,IV oRNITA GAS Lir)• G 0 • Bv: Its: FARealEstate1S0l0rzano1WPd0c$ LeasesWeachCities BEACH CITIES CHRISTIAN FELLOWSHIP CHURCH OF THE. NAZARENE, INC., a California non -pmt corpor tion Bv: �sCLt �G ' ( G, Its: S E P E i 19tv Bv: Its: GroundLease GGNJ L/9-2-9 8 • CODE 4340 SECOND ADDITION TO HERMOSA BEACH M.B. 3 -1I-12 September 6, 2001 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of September 11, 2001 SOUTH BAY CITIES COUNCIL OF GOVERNMENTS FINAL COMMENTS ON THE DRAFT ENVIRONMENTAL IMPACT REPORT FOR THE LAX PROPOSED MASTER PLAN IMPROVEMENTS Recommendation: That the City Council receive the final comments from the SBCCOG and direct staff to forward a letter to the City of Los Angeles incorporating the comments. Back round: The South Bay Cities Council of Govemments employed a consulting team to evaluate the draft EIR prepared for the proposed master plan improvement for Los Angeles International Airport. The attached comment letter is the result of that effort. The letter is being used by the South Bay Cities to express its concern about the potential issues regarding the project. Staff would suggest that we send a letter stating that the South Bay Cities Council of Governments comments also reflect those of the City. Respectfully submitted, Step *' ' Burrell City Manager 6b • • CHEVALIER, ALLEN & LICHMAN LLP Attorneys at Law Commercial Litigation • Aviation Law & Litigation • Environmental Law & Litigation September 4 , 2001 Mr. Jim Ritchie City of Los Angeles Los Angeles World Airports LAX Master Plan/Room 218 P.O. Box 92216 Los Angeles, CA 90009-2216 Gary M. Allen, Ph.D. John Chevalieti Jr.* Berne C. Hart Barbara E. Lichman, Ph.D. Jacqueline E. Serrao, LL.M. Frederick C. Woodruff+ *Retired +Admitted in New York 2603 Main Street, Suite 1000 Irvine, California 92614 Telephone (949) 474-6967 Facsimile (949) 474-9606 E-mail cal@calairlaw.com Mr. David B. Kessler, AICP Federal Aviation Administration P.O. Box 92007 World Way Postal Center Los Angeles, CA 90009-2007 Re: Draft Environmental Impact Statement/Environmental Impact Report, Los Angeles International Airport Proposed Master Plan Improvements - Comments of the South Bay Cities Council of Governments Dear Mr. Ritchie and Mr. Kessler: The following constitutes the comments of the South Bay Cities Council of Governments ("SBCCOG"), pursuant to the requirements of the California Environmental Quality Act, Public Resources Code § 21000, et q., ("CEQA") and the National Environmental Policy Act, 42 U.S.C. § 4321, et seg., ("NEPA"), concerning the Draft Environmental Impact Statement/Environmental Impact Report ("Draft EIS/EIR") for the Los Angeles International Airport ("Airport") Proposed Master Plan Improvements ("Project"), prepared jointly by the Federal Aviation Administration ("FAA") and the City of Los Angeles ("Los Angeles").' The issues raised by these comments fall into seven general categories, although they are not limited only to those categories: (I) the baseline used in the Draft EIS/EIR, against which the various environmental impacts of the Project are compared, is not properly designated; The FAA and Los Angeles shall, for the remainder of this letter, be referred to collectively as "Project Proponents". Mr. Jim Ritchie Mr. David B. Kessler, AICP September 4, 2001 Page 2 (II) the discussion of the Project's surface traffic impacts is misleading; (III) the noise impacts of the Project are inadequately addressed; (IV) the potential air quality impacts of the Project are not fully disclosed; (V) the Draft EIS/EIR does not explore all reasonable alternatives, and, thus, paves the way for its ultimate conclusion that expansion of the Airport's airside and groundside facilities are the sole way to meet future demand; (VI) the Draft EIS/EIR fails to adequately specify mitigation measures or methods to enforce them; and (VII) the recently articulated project goal of increasing safety obscures the Project's clear capacity -enhancing purpose. As a result of these defects, the Draft EIS/EIR cannot meet the high standards of disclosure that are the gravamen of both CEQA and NEPA. I. THE DRAFT EIS/EIR DOES NOT PROPERLY DESIGNATE THE BASELINE FOR ANALYSIS 2. The specification of a baseline for comparison with Project impacts is a critical component of analysis under CEQA, because without an accurate specification of the baseline, "analysis of impacts, mitigation measures and project alternatives becomes impossible." County of Amador v. El Dorado County Water Agency, 76 Cal.App.4th 931, 953 (1999). A central concept of CEQA is that "a baseline figure must represent an environmental condition existing on the property prior to the project." Save Our Peninsula Committee. et al. v. Monterey County Board of Supervisors. et al., 87 Cal.App.4th 99, 124 (2001). The regulations implementing CEQA, 14 Cal. Code Regs. § 15000, et ., ("CEQA Guidelines") are specific as to the defmition of "prior to the project": "An environmental impact report must include a description of the physical environmental conditions in the vicinity of the project, as they exist at the time the Notice of Preparation is published, or, if 2 Later sections II, III and IV more fully discuss the pitfalls arising from the use of the three separate and distinct baseline assumptions used in that analysis; Environmental Baseline, Adjusted Environmental Baseline, No-Project/No-Action. • • Mr. Jim Ritchie Mr. David B. Kessler, AICP September 4, 2001 Page 3 no Notice of Preparation is published, at the time the environmental analysis is commenced ... This environmental setting will normally constitute the baseline physical conditions by which a lead agency determines whether an impact is significant." CEQA Guidelines § 15125(a). While the courts have taken the position that the "date for establishing a baseline cannot be a rigid one", Save Our Peninsula Committee, supra, 87 Cal.App.4th at 125, they have also held unequivocally that "an EIR must focus on impacts to the existing environment, not hypothetical situations", County of Amador, supra, 76 Cal.App.4th at 955. The baseline for analysis in the Draft EIS/EIR does not meet these tests. A. The Draft EIS/EIR's Base Year Does Not Reflect the Physical Conditions on the Project at the Time of the Publication of its Notice of Preparation. The Airport Master Plan, November, 2000, Technical Analysis ("Master Plan") is the basis of the analysis contained in the Draft EIS/EIR (Master Plan, Preface, page i). The analyses contained in Master Plan, Chapter II, Existing Conditions Working Paper, 4/19/96, use data from the base year 1994 (see, e.g., § 2.3.1, page II -2.1, re: Annual Weather Conditions; Figure II -2.17, page 1I-2.53, re: Design Day Hourly Distribution of Operations and Tables following). The Notice of Preparation, however, was published in July, 1997 (Draft EIS/EIR, page ES -2), almost three years after the conditions reflected in the original Master Plan data and analysis. Courts have consistently taken the position that a baseline should not "be set a number of years earlier than the commencement of the current project". Save Our Peninsula Committee, supra, 87 Cal.App.4th at 127. Moreover, the Master Plan and Draft EIS/EIR contain multiple inconsistent base years such that it is impossible for the public to ascertain which base year is used for a given purpose. On the one hand, the Draft EIS/EIR (page ES -2) states that the environmental analysis normally describes existing conditions as of the July, 1997 date on which the Notice of Preparation was published (even though none of the data in the Master Plan upon which the Draft EIS/EIR is based reflects a 1997 origin). On the other hand, the Draft EIS/EIR states that, where a full year's worth of data is needed, data from 1996 is used (see, e.g., Draft EIS/EIR Technical Report on Surface Traffic), and sometimes earlier years [unspecified], and sometimes even data from the later years 1999 and 2000 (even though these latter are more than two years after the publication of the Notice of Preparation). Additionally, the Master Plan is unclear as to whether 1994 or 1995 data is used. Finally, different base years are used for different components of the analysis, e.g., 1996 for surface traffic and noise, 2000 for water resources. • Mr. Jim Ritchie Mr. David B. Kessler, AICP September 4, 2001 Page 4 Such selective shifting of baselines has substantive consequences. For example, the use of a 1994 (or even 1996) baseline in analysis of aircraft noise impacts artificially elevates the baseline for analysis by incorporating noise from the larger numbers of Stage 2 aircraft in the fleet in 1994/96. These aircraft were totally phased out of the United States fleet by the year 2000. Further, the use of a 1994 (or 1996) baseline year in the air quality analysis potentially overstates the baseline level of criteria pollutants in the L.A. region which has since come into attainment for all criteria pollutants except Ozone and Particulate Matter? In short, the nonspecificity of both the Master Plan and Draft EIS/EIR with respect to the base year for analysis renders the results of their analyses questionable. B. The Master Plan and Draft EIS/EIR Baseline Analyses Are Based On Incomplete and/or Inaccurate Data. The Master Plan defines the capacity of the Airport's existing airside facilities as "the number of aircraft operations, arrivals and departures, that the Airport can accommodate with a reasonable amount of aircraft delay." (Master Plan, § 2, page II -2.1) The correct determination of existing airside capacity is critical to identification of the Airport's potential to accommodate future air traffic demand and plan future airport's development. (Master Plan, Chapter 2, page II - 2.1) Various independent variables are used in the modeling of existing airport capacity, including, but not limited to: (1) runway operating configurations; (2) noise abatement procedures; (3) airspace operating assumptions; and (4) airfield operating assumptions. (Master Plan, § 2.3, page II -2.21) Delay is also apparently a contributing variable. The relationships within the model are such that, if the definition of a given variable, or the value assigned to it, are questionable, the capacity determination resulting from the model is prejudiced. Here, even if, for argument's sake, the Draft EIS/EIR had specifically and accurately designated a base year, critical data used in the Master Plan baseline demand/capacity/delay analysis is incomplete or in some cases inaccurate. 3 The Draft EIS/EIR also states that its use of earlier years results in a more "conservative" analysis, because there were fewer passengers and operations in earlier years, and,. thus, less noise and fewer emissions to compare against those generated by the Project. This claim is inaccurate at least with respect to noise and air quality analyses as set forth below. In any event, it does not account for the opposite effect of using later years 1999/2000 as the baseline, which would, by the logic used in the Draft EIS/EIR, artificially elevate the baseline and, consequently minimize the environmental impacts of the Project. As neither the Master Plan nor Draft EIS/EIR are specific as to the distribution of various baseline years throughout the analysis, it is impossible to ascertain the degree of distortion that may have occurred through the use of these alternate baselines. Mr. Jim Ritchie Mr. David B. Kessler, AICP September 4, 2001 Page 5 As a threshold matter, the Master Plan demand/capacity/delay analysis is predicated on Aircraft Communications, Addressing and Reporting System ("ACARS"), and Official Airline Guide ("OAG") data sources. These two data sources exaggerate, or, inaccurately characterize, true (airport capacity related) delay. The Master Plan defines delay as "the difference between the actual time it takes an aircraft to perform an arrival or departure and the normal time it would take to perform the same operation with no interference from other aircraft." (Master Plan, § 2.1, page II -2.2) ACARS data is generated by the airlines, and is based on activities such as push back, parking at the gate, or opening or closing cabin doors. ACARS data includes information about on-time performance, based on the arrival and departure times developed by each airline for each segment of flight. Since the data is airline -generated, airline definitions of delay are automatically built into the report.4 Further, the OAG is published for the express purpose of identifying the arrival and departure times of various airlines. When the airlines set up their schedules, they factor in the average delay for each leg of flight between city pairs. Thus, the OAG also builds delay into the departure and arrival times based on each airline's historical data and operating experience for each flight segment. In summary, ACARS data is not original source data but is the product of third party intervention. It is manipulated by various airline functionaries before a final report is released. Similarly, OAG data is manipulated to include delay not after, but before the fact. Therefore, because both sources of data already include a delay factor, their use in the Master Plan's modeling, as set forth below, is likely to cause a double counting of delay.' 4 When an aircraft pushes back from the gate or closes the cabin door, the aircraft could be late for a variety of reasons. Many delays are due to factors that are airline -controllable such as late boarding of passengers, customer service delays, maintenance delays, late arriving equipment, catering, fueling, baggage and the unavailability of crew members, to name but a few. Other types of delay would be attributable to airport, runway or taxiway design, airport acceptance rates, airport construction, noise abatement regulations, air traffic control restrictions and weather. These items are also introduced and incorporated into the ACARS report as a delay factor. ' In addition, the Master Plan analysis relies on numerous sources other than ACARS or OAG data including personal observations, a small sampling of users and an unique determination of aircraft speeds and routes, none of which is suitable, let alone optimal, for developing baseline analyses or formulating assumptions. (See, e.g., Master Plan, § 2.1.3, pages 11-2.5 - II -2.6) Mr. Jim Ritchie Mr. David B. Kessler, AICP September 4, 2001 Page 6 Instead of ACARS or OAG data, the Master Plan should have relied on radar data. Radar data is a memorialization of the movement of arriving aircraft from a specified distance outside the terminal control area until touchdown and, conversely, for departing aircraft, from the aircraft's lift-off from the runway to the same distance outside the airport's control area. Every operation is tracked in real time without the intervention of third party interpretation, manipulation, or extraneous factors, unrelated to the operational capacity of airport infrastructure. The effects of this confounding of substantive with non -substantive delay factors are reflected in the Master Plan's modeling of demand/capacity/delay. The FAA's Simulation Model ("SIMMOD"), Version 2.1, was apparently used in the Master Plan's demand/capacity/delay analysis. SIMMOD simulates the movement of arriving and departing aircraft from their entry/exit into the Los Angeles Terminal Air Traffic Airspace through approach and landing phase, or taxi and takeoff, to their exit from the terminal air traffic airspace. Proper calibration of SIMMOD is essential since the resulting statistics depend upon the data used to develop the baseline assumptions and operating instructions for the model. In this case, ACARS and OAG data were used to calibrate SIMMOD. Because of the potential double counting inherent in these data sources, and the consequent exaggeration of delay in the model, the principal conclusion that is drawn from SIMMOD is that the only way to remedy delay is to build additional airport infrastructure. The most obvious flaw of such an analysis is that it eliminates, at the outset, opportunities to gain efficiency through improvements in operating practices and minor modifications to the air traffic system. Thus, what seems like a relatively minor data collection/designation problem pervades the demand/capacity/delay modeling upon which the Draft EIS/EIR's environmental analysis is based, and subtly biases the results. C. The Draft EIS/EIR is Based on Implausible Modeling Assumptions. The accuracy of SIMMOD's results depends on an accurate "description" of the "airport's operating environment". (Master Plan, § 2.1, page II -2.2) Both the Master Plan and Draft EIS/EIR acknowledge that the "description" is made up not merely of data purporting to represent actual current conditions, but also assumptions arising from that data (see, e.g., Master Plan, § 2, page II -2.1). Therefore, to the extent data and assumptions are incorrect or incomplete, so too will be the results .of the model. In addition to the data problems specified above, SIMMOD, as used in the Master Plan, incorporates implausible, or biased, assumptions which, in turn, call into question the integrity of its output. Mr. Jim Ritchie Mr. David B. Kessler, AICP September 4, 2001 Page 7 Assumptions Concerning Aircraft Delay Are Unexplained and Unsupported. The Master Plan's (and Draft EIS/EIR's) definition and description of the delays at the existing (pre -Project) Airport are based on consultants' opinions and not on factual information. First, while the Master Plan acknowledges that "a standard defmition of acceptable delay is not used in the industry" (Master Plan, § 2.1.3, page II -2.5), it then concludes that "delay levels of six to ten minutes indicate the need for additional facilities"; that "as average aircraft delay increases above six minutes, passengers tend to perceive service reliability problems"; "as delay approaches ten minutes per operation, further increases in demand are limited", and, "flight cancellations were assumed when delays exceed 20 minutes per average annual aircraft operation." (Master Plan, § 2.1.3, pages II -2.5 - II -2.6) These assumptions are apparently based on information derived from prior studies by the Master Plan consultants at airports other than Los Angeles, in years as early as 1988. In other words, the delay standards relied upon in the Master Plan are based on outdated data concerning potentially irrelevant subject airports. All of these have unique characteristics that may have influenced creation or perception of delay, and none of them are discussed in the Master Plan or Draft EIS/EIR. Further, these unsupported assumptions do not reflect an understanding of the diverse ways in which delay is determined by the airlines, Air Traffic Control and the Department of Transportation. First, a typical airline will develop performance criteria for each phase of flight based on company goals and performance percentages, including arrival and departure delay. Airlines use "zero variance" as a standard for "on time" performance (i.e., zero difference between arrival and/or departure times and published schedules). The percentage goal for each activity will be based on the level of performance the airline hopes to, or, in some cases, must attain in order to remain competitive. Some airlines track on time performance plus five minutes and most will track on time performance plus 14 minutes. FAA Air Traffic Control, on the other hand, computes delay based on actual delay time en route. An arriving aircraft is considered delayed only if the aircraft is held en route to the destination for 15 minutes or more at any given moment during the flight. It is possible that these aircraft could be held at more than one interval during a flight. However, if each holding period does not exceed the 15 minute threshold, no delay is recorded, even though the total delay might well be in excess of 15 minutes. Further, inbound delay is kept separate from outbound delay. A departing aircraft is not counted as delayed until: (1) the average taxi.time for the airport; (2) the time from the gate to the runway; and (3) 15 minutes have cumulatively elapsed. Air Traffic Control delays do not consider airline schedules or internally generated delays in their reporting system. The majority of Air Traffic Control delays are as a result of weather and not system capacity. Finally, the Department of Transportation grades airline performance on the Mr. Jim Ritchie Mr. David B. Kessler, AICP September 4, 2001 Page 8 time of arrival at the destination airport within 14 minutes of the scheduled arrival time. The Master Plan utilizes none of those benchmarks. Thus, the Master Plan fails to adequately explain the basis for its demand/capacity/delay analysis. 2. The Master Plan's Assumptions Concerning Turboprop Operations are Manifestly Inaccurate. Referring to its analysis of existing noise abatement procedures as they pertain to the creation or maintenance of demand/capacity/delay, the Master Plan states that "based on actual information obtained by the Los Angeles Noise Management Bureau, turboprop departures were permitted to turn slightly earlier than jet departures at the Airport VOR, which is located between runways 7L and 7R, west of Pershing Drive" (Master Plan, § 2.3.3, page II -2.31). In addition, Figures II -2.11 and II -2.12 indicate that, when the Airport is operating on a west flow, turboprop aircraft turn at the VOR. These representations are inaccurate and lead to incorrect assumptions about flight paths. In fact, if such a tum were permitted, it would occur prior to the shoreline, contrary to current noise abatement procedures. Turning the turboprops early allows faster aircraft to depart behind the turboprops at a more accelerated rate than is currently allowed, thus allowing more aircraft to depart in a given interval. The results of this inaccurate assumption are that: (1) the baseline departure capacity is artificially elevated to a level higher than would be realized had actual air traffic data been used and the noise abatement procedures modeled as they are actually -used; and (2) turboprops, as depicted in the Master Plan and Draft EIS/EIR, are directed over noise sensitive areas not previously overflown, and, as a resulf, elevate the baseline noise levels, thereby concomitantly reducing the apparent noise impacts of the Project. 3. The Master Plan's Flight Schedule Assumptions Are Outdated. The Master Plan reports the results of a SIMMOD analysis conducted in 1994, using 1994 data and 1994 assumptions. In addition to this obsolete data, the ACARS data upon which the SIMMOD analysis is based includes less than 51% of commercial operations and more than 46% of the total operations in the design day flight schedule. As: (1) operational configurations long pre -date the commencement of the environmental process; (2) current schedules were not used (although available), the assumptions concerning a typical day's traffic are substantially unsupported; and (3) not all of the aircraft operators were considered, the assumptions concerning a typical day's traffic are substantially unsupported. Mr. Jim Ritchie Mr. David B. Kessler, AICP September 4, 2001 Page 9 4. The Master Plan's Fleet Mix Assumptions are Inaccurate. The Master Plan relies on a fleet mix distribution derived from "August 11, 1994 OAG, NMB Do Daily Operations Records and LADOA 1994 Monthly Air Traffic Volumes" (Master Plan, Table II -2.16, page II -2.58). This 1994 fleet mix distribution is outdated and, thus, inadequate for use in SIMMOD. Specifically, it includes a large number of Stage 2 aircraft which are no longer in operation at the Airport. Not only are Stage 2 aircraft noisier, but they have different emissions characteristics from the newer high bypass ratio, Stage 3 aircraft. If a more recent base year had been selected, the proportion of Stage 2 aircraft would have been smaller, and the noise baseline lower, and, thus, more accurate. 5. The Master Plan's Assumptions Concerning Aircraft Speed Are Inaccurate. The Master Plan's assumptions concerning aircraft speeds were apparently inflated to fit the underlying assumption of unconstrained aircraft flows. The Master Plan model calls for all aircraft to operate at the same constant air speed before proceeding to the Airport and landing. The model further assumes that all aircraft exit the runway at the same point and within the same amount of time in order to reach the modeled flow rate. In actual conditions, the speeds of the aircraft vary, with high airspeed greatly reduced as the aircraft approaches the airport. Nor would all aircraft exit the runway at the same location. In short, this assumption of high constant speed will have an as yet unascertained impact on the model's results but would tend to overstate capacity of the existing facility, and, thus, the baseline for comparison with the Project's improvements. D. The Master Plan's Model Omits Critical Variables. Another crucial issue revolves around variables the Master Plan fails to include in its model. Specifically these include: (1) the capacity of the airspace beyond the Airport Terminal Control Area ("TRACON"); and (2) gate capacity for future scenarios. 1. The Master Plan Should Have Considered Airspace Capacity Beyond The Airport's Terminal Area Airspace. According to the Master Plan, airspace considerations were limited to entry (and exit) from the Airport's TRACON airspace. (Master Plan, § 2.1.1, page II -2.3) The failure to consider airspace capacity beyond that point is a material omission from the analysis. This is because the majority of aircraft delays are absorbed in the en route environment before an aircraft arrives in TRACON airspace. By modeling only the terminal area, the results of the model are Mr. Jim Ritchie Mr. David B. Kessler, AICP September 4, 2001 Page 10 skewed for both arriving and departing aircraft. For departing aircraft, if the model does not consider the inherent constraints of the en route air traffic system, including differences in aircraft performance and the impacts of other air traffic transiting the area for other airports, the departure flow pictured in the model will remain unconstrained and aircraft can take off at a constant, predetermined rate. When reaching the boundary, the aircraft are dropped from the scenario, and the model does not further consider constraints of the en route system which naturally impact the TRACON airspace. Unfortunately, this unconstrained flow scenario is not normally possible in today's complex air traffic control system. Similar problems exist in modeling arrivals without consideration of airspace outside the TRACON. Inbound aircraft are assumed, in the Master Plan model, to be at the entry point of terminal airspace when required by the model. Aircraft proceed inbound at a set speed, reduce speed at a predetermined point, land and proceed unimpeded to their gate. This is not a reasonable representation of a typical aircraft arrival. In fact, there is almost no likelihood that aircraft can be delivered to the terminal inbound fix at a rate consistent with the model's assumptions. Instead, the Master Plan's arrival model appears to have been developed to insure that an arriving aircraft would be at the inbound fix at the specific time required in order to maximize the arrival rate for the airport. Although Air Traffic Control consistently tries to keep the aircraft sequenced as closely as possible "intrail", it is not possible to consistently space aircraft a set distance apart for extended periods of time. The availability of aircraft to fit into the sequence, aircraft speeds, the mix of large and small aircraft, a lack of demand, aircraft deviations due to weather, intrail restrictions though an en route sector or intrail restrictions required for an airport approach control facility and other variables cause the in trail spacing of arrival aircraft to be inconsistent. As a result of these and many other factors, there is unused capacity in each of these arrival sequences. In summary, the Master Plan's failure to adequately consider constraining factors outside the TRACON airspace calls into question the validity of the model's result. 2. The Master Plan Should Have Modeled Gate Capacity. The Master Plan did not include in its modeling aircraft gate operations for future activity levels, allegedly because of the inability of the existing gate facilities to accommodate the higher activity levels.6 (Master Plan, § 2.5.3, page II -2.104) The Master Plan disclaims the importance 6 Performance measures contained in the Master Plan, § 2.5.1, include "outbound ground delay" which, in turn, appear to include gate related variables such as "gate push -back delay". This performance measure was apparently used in the modeling of existing gate Mr. Jim Ritchie Mr. David B. Kessler, AICP September 4, 2001 Page 11 of this omission ["The inability to model gate operations in detail does not impact the results of the airside capacity analysis since at higher activity levels the runway system tends to be the primary constraint ... " Master Plan, § 2.5.3, page II -2.110]. The Master Plan is in error. If an aircraft cannot get to the gate unimpeded, the resulting delay must be factored into the analysis. In the Master Plan, taxi patterns are consistent and aircraft are dropped from the model when they reach the gate area. The model does not capture any delays in the gate area or any delays that might occur in reaching the gate due to congestion on the ramp. The same is true for departing aircraft. If a departing aircraft cannot leave the gate due to inbound traffic or other traffic in the gate area, the departure demand at the airport may not be as regular as is assumed in the Master Plan's model. The importance of this omission is that it precludes development of a clear picture of the delay reduction, and consequent capacity enhancing, attributes of the Project. Without estimation of the potential groundside/terminal structure constraints on operations (capacity), the actual delay reducing, and capacity enhancing, benefits of the Project as a whole cannot be accurately ascertained. 3. The Master Plan Should Have Considered Currently Implemented Air Traffic Procedures. While the Master Plan acknowledges the existence of the current Dual Civet Arrival procedure, it fails to analyze its delay reducing, or consequent capacity enhancing efficiencies. The procedure is mentioned, then drops off the "radar" screen. The Dual Civet Arrivals, however, have so greatly reduced arrival delay at the Airport that no national delay program for the airport has been established since the procedure's implementation. Ignoring the impacts of Dual Civet Arrivals results in an exaggeration of existing delay- and a consequent exaggeration of the Project's delay reducing, and capacity enhancing benefits. E. Demand, as Defined in the Master Plan, is an Identity with Capacity. Inaccurate data and assumptions are not alone in influencing the outcome of a modeling effort. Inadequate specification of a variable may also lead to an unrepresentative result. In this case, the independent variable, demand, as defined, is not independent but is virtually synonymous with, or surrogate for, the dependent variable, capacity. Thus, the demand variable has an interactive relationship with the dependent variable which influences the model's outcome in significant ways. operations but not future ones. (Master Plan, § 2.5.1, page II -2.97) Mr. Jim Ritchie Mr. David B. Kessler, AICP September 4, 2001 Page 12 For example, the Master Plan defines aircraft demand as "a 24-hour flight schedule representative of design day activity." (Master Plan, § 2.1.2, page II -2.3) The "24-hour flight schedule" definition is almost identical to the definition of "capacity", "the number of aircraft operations, arrivals and departures, that the Airport can accommodate with a reasonable amount of aircraft delay." (Master Plan, § 2, page II -2.1) The two variables, therefore, vary together, i.e., as "capacity" increases, "demand" will also increase, rendering demand useless as a predictor of capacity. The precise degree in which the interaction of the independent and dependent variables in the model affect the analysis cannot be ascertained at this point without re -running SIMMOD. Suffice it to say that a new surrogate for demand, derived, for example, from airline market surveys, or annual enplanements, is necessary to insure the integrity of the model's results. H. THE DRAFT EIS/EIR DOES NOT FULLY ANALYZE THE PROJECT'S OFF - AIRPORT SURFACE TRAFFIC IMPACTS. While the Draft EIS/EIR's off airport surface traffic analysis adequately depicts some aspects of the Project's surface traffic generation potential, it is notably deficient in the following ways: (1) the analysis gives little consideration to surface traffic impacts on South Bay Communities other than those directly proximate to the airport; (2) the use of the Adjusted Environmental Baseline for comparison with the Project's surface traffic impacts creates a misleading picture of the magnitude of those impacts; (3) the Draft EIS/EIR improperly equates the direct and cumulative impacts of surface traffic; (4) the Draft EIS/EIR provides inadequate information regarding the Northside/Westchester Southside Project; (5) the Draft EIS/EIR transportation planning horizon is improperly attenuated; and (6) the Draft EIS/EIR lacks a mitigation monitoring program detailing implementation of mitigation measures for the impacts of surface traffic. A. The Draft EIS/EIR Lacks Adequate Consideration of Surface Traffic Impacts on South Bay Communities. The Draft EIS/EIR analyzed 61 intersections, with an additional 15 intersections selected for focused analysis. Only nine of the 76 intersections were south of the I-105 (Century) freeway. The apparent explanation for the focus on the north side of the airport is presented in the Draft EIS/EIR, pages 4-284 - 4-289: "South of LAX, there is a higher percentage of LAX traffic on I- 405 and a lower percentage on the arterials, indicating that airport Mr. Jim Ritchie Mr. David B. Kessler, AICP September 4, 2001 Page 13 traffic is in fact staying on the freeway system as desired. However, this is not the result of I-405 operating well, but is more a result of the layout of the roadway network south of LAX. There are no alternative arterial routes that closely parallel I-405 south. In fact, south of LAX, all major arterial routes change to a north/south orientation, while I-405 south of Rosecrans Avenue continues in a northwest/southeast direction." This explanation does not account, however, for at least three conditions acknowledged in the Draft EIS/EIR which exist south of the Airport: (1) airport traffic south of the airport represents a significant component of traffic on local streets; (2) interviews at freeway intersections south of the airport indicate a large percentage of airport trips; and (3) the Draft EIS/EIR claims a benefit from redistribution of traffic south of the airport offthe freeway and onto local streets. 1. Airport Traffic Represents a Significant Component of Traffic on Local Streets South of the Airport. The Draft EIS/EIR notes that 8% of the afternoon peak on Sepulveda Boulevard"south of El Segundo Boulevard is airport related, but concludes "... even if all the Airport bound traffic were removed, there would be little noticeable difference on most roads outside of the immediate vicinity of the airport, particularly during the morning and evening rush hours." (Draft EIS/EIR, page 4-289) The 8% reported in the Draft EIS/EIR is, however, more important to traffic flow than it appears. For example, the intersection of Sepulveda and El Segundo Boulevards has a reported 1996 Volume to Capacity (V/C) of .869 and a projected 2005 V/C ratio of 1.062 (Draft EIS/EIR, Table 4.3.2-23, page 4-334). Eight percent of the 1996 traffic represents an airport contribution at this intersection of .069. The benchmark of "significant impact" is defined in the Draft EIS/EIR as a change in V/C ratio of .01 for an intersection operating at Level of Service ("LOS") F (Draft EIS/EIR, page 4-291). Therefore, at the intersection of Sepulveda and El Segundo Boulevards, a contribution of .069 to the V/C ratio can hardly be considered as representing "... little noticeable difference ..." 2. Freeway Ramp Data Shows Traffic Exiting the I-405 South of the Airport. Master Plan, Chapter II, Section 7.3, reports the results of a survey conducted at area intersections during the A.M. and P.M. peak hours. The results of that survey call into question the assumption that traffic is not diverted off the I-405 onto local streets south of the Airport, where it demonstrates that more than 30% of the trips at northbound 1-405 ramps at El Segundo were Airport related. Mr. Jim Ritchie Mr. David B. Kessler, AICP September 4, 2001 Page 14 3. The Draft EIS/EIR Is Internally Contradictory with Respect to Use of Off - Freeway Traffic Routes South of the Airport. The Draft EIS/EIR states, in pertinent part: "Further, although it would be ideal for airport access to be provided directly via freeways, the dispersion of Airport traffic onto many arterial and freeway routes does have a side benefit in that its impact is minimized on any given route" (Draft EIS/EIR, page 4-289). This statement directly contradicts the Draft EIS/EIR's initial assumption that the roadway system is designed such that freeway traffic is not diverted to the local street system south of the airport. If, in fact, airport traffic is diverted from the freeway, as claimed for traffic to and from the north, would not a similar set of traffic solutions be applicable to the south as well? In addition, Master Plan, Table II -7.12 also sets forth data that calls into question the assumption of the limited diversion of freeway traffic onto local streets south of the airport. Table 1I-7.12 illustrates that, by absolute volume, only 3 of 30 "key roadway segments" carry more Airport related morning peak hour traffic than does Sepulveda Boulevard north of Rosecrans Avenue, and in the afternoon only four key segments carry more peak hour traffic than that intersection. In short, the failure to consider traffic impacts south of Rosecrans Avenue appears arbitrary. At a minimum, the Draft EIS/EIR and its technical appendices need to provide a much clearer statement of why the intersections evaluated were selected, and why no consideration was. given to areas south of Rosecrans Avenue. B. The Use of the Adjusted Environmental Baseline for Comparison With the Project's Surface Traffic Impacts is Misleading. Three scenarios were used as baselines against which to evaluate the surface traffic effects of the proposed Master Plan improvements: (1) Environmental Baseline; (2) Adjusted Environmental Baseline; and (3) the No-Project/No-Action alternative. The Environmental Baseline is the existing condition pre -project. It includes existing roadways and land uses, and the current airport configuration. The year used in this baseline changed during the development of the Master Plan. At the initiation of the Master Plan process, the baseline year used was 1994. Information is reported in different Master Plan sections for 1994 and 1995. For the third iteration of the Master Plan, the baseline became 1996. The technical reports for the Draft EIS/EIR used 1996. The Adjusted Environmental Baseline uses the current airport configuration but assumes that future off airport roadways and land uses already in the pipeline will be completed (see • Mr. Jim Ritchie Mr. David B. Kessler, AICP September 4, 2001 Page 15 Section B.1 below). As with the Environmental Baseline, the definition of Adjusted Environmental Baseline changed with the development of the Master Plan. The existing condition section of the Master Plan (Chapter IV, Section 7) used horizon years of 2000 to 2015. The "constrained" alternatives section (Chapter V, Section 3) used the years 2005 and 2015. Finally, the No-Action/No-Project Alternative is the converse of the Adjusted Environmental Baseline and assumes that off -airport development will remain constant, but currently approved airport projects will be completed. There are at least two issues of importance raised by reliance on the Adjusted Environmental Baseline: (1) accuracy of the Adjusted Environmental Baseline and its resulting projections; and (2) applicability of the Adjusted Environmental Baseline to the environmental impact analysis. 1. The Uncertain Definition of the Adjusted Environmental Baseline Makes the Results of its Comparison With Project Impacts Questionable. The initial question about the Adjusted Environmental Baseline is the accuracy of the definition of "Existing Condition/Environmental Baseline" on which it is purportedly based. There are significant differences between the 1995 data concerning the "Existing Condition/Environmental Baseline" contained in the proposed Master Plan and the 1996 data contained in the Draft EIS/EIR. A comparison of Master Plan, Table II -7.2 and Draft EIS/EIR, Table 4.3.2-24, for the a.m. peak hour, shows changes in the "Existing Conditions/Environmental Baseline" between 1995 and 1996. As illustrated in the following Table, some intersections got significantly better and some significantly worse. In all but one case, the difference in V/C ratios between 1995 and 1996 exceeds thresholds used for determining significance in the Draft EIS/E1R. Mr. Jim Ritchie Mr. David B. Kessler, AICP September 4, 2001 Page 16 Intersection Master Plan EIS/EIR Table II 7.2 Table 4.3.2-24 1995 V/C* 1996 V/C V/C Difference Aviation/E1 Segundo 0.981(E) 0.835(D) -.146 Aviation/Rosecrans 0.915(E) 1.121(F) .206 Highland/Rosecrans 0.714(C) 1.069(F) .335 Sepulveda/E1 Segundo 0.840(D) 0.869(D) .029 Sepulveda/Mariposa 0.776(C) 0.730(C) -.046 Sepulveda/Rosecrans 1.238(F) 1.220(F) -.018 Vista Del Mar/Grand 0.755(C) 0.749(C) -.006 Vista Del Mar/Imperial 0.821(D) 0.465(A) -.356 * In Master Plan Table II 7.2 the first column heading is apparently mislabeled Moreover, the "adjustments" to the "Existing Conditions/Environmental Baseline" involved adding additional roadways and additional traffic to the system based on anticipated projects. The definitions of these "adjustments" is not consistent within the Draft EIS/EIR, or between it and the Master Plan. For example, the Draft EIS/EIR states that: "A list of approved development projects were developed ... (Draft EIS/EIR, page 4-279)" [Emphasis added.] The traffic technical report on which the Draft EIS/EIR is based states: "A list of planned development projects was developed .. (Technical Report, § 3b, page 2-3)" [Emphasis added.] Master Plan, Table IV -8.3; Master Plan, Chapter V, Appendix L; and Technical Report, 3b, Table 2-3, present projected regional roadway improvements. Master Plan, Chapter V, Section 2.6 indicates that the future roadway network used in the analysis includes those projects "... currently funded and approved or which have a high probability for completion by 2015 ... " Clearly; the distinction between "approved" and "planned" projects is critical to a functional definition of Adjusted Environmental Baseline. The baseline will be set much higher (and the consequent relationship of the Adjusted Environmental Baseline with the Project's impacts much lower) if all planned projects are included in addition to all approved projects. Finally, Chapter IV of the Master Plan (Table VI -8.1, page 1V-8.5) provides a "preliminary list of related projects" that differs from the list presented in Table 2.2 of the Draft EIS/EIR Traffic Technical Report, 3b. While differences are to be expected between the 1996 version of the Master Plan and the Updated 2000 version of the Traffic Technical Report, one difference may be more crucial than others - the projected size and resulting traffic impact of the Playa Vista Project. For example, according to the Master Plan, Table IV -8.1, the Playa Vista Project will contain 13,156 single-family units and 8,262 multi -family units. Master Plan, Mr. Jim Ritchie Mr. David B. Kessler, AICP September 4, 2001 Page 17 Chapter V, Appendix L, and the Draft EIS/EIR Traffic Technical Report specifies 13,085 multi- family units and no single-family units for the same Project. There is no explanation for the change, nor any reference to the source of either number. The difference is crucial because the traffic analysis assumed three people for each single-family home, and only two for each multi- family residence. The change therefore results in a significant diminution in traffic if the latter multi -family numbers are correct. Considering the potential of over 13,000 housing units for traffic generation, a complete explanation is needed to render the Draft EIS/EIR surface traffic analysis. 2. The Applicability of the Adjusted Environmental Baseline to the Draft EIS/EIR Traffic Analysis is Questionable. As set forth above, the off airport surface traffic analysis in the Draft EIS/EIR uses the Adjusted Environmental Baseline as "the basis of comparison under CEQA for future mitigation for the three build alternatives" (Draft EIS/EIR, page 4-276). The Adjusted Environmental Baseline reflects projected conditions in the years 2005 and 2015 with off airport land use activities completed and regional circulation improvements in place, but without any increased use of the airport. This approach minimizes the potential direct impact from the adoption of the proposed Master Plan because: (1) the future traffic volumes without the Project increase thereby reducing the proportional effect of the added airport traffic from the Project and (2) additional circulation system improvements provide additional capacity. While it is reasonable to assess particular impacts at the time at which they might occur, relying on this approach requires assurances that the projected circulation improvements will actually be in place. No such assurances are provided in the Draft EIS/EIR The Off Airport Technical Report lists circulation system improvements that were included in the modeling process. This listing provides an indication of when certain improvements are anticipated. Without these improvements, the circulation system for the Adjusted Environmental Baseline would, apparently, be the same as for the 1996 condition, and many more intersections and roadway segments would be subject to significant adverse impacts as a result of the proposed Master Plan. It is important, therefore, that the Draft EIS/EIR traffic analysis include projected phasing of the anticipated improvements relative to the additional traffic resulting from airport use. This should include a discussion of the phasing of airport improvements as they pertain to traffic generation with respect to the circulation improvements used in the Adjusted Environmental Baseline. Limitations should be placed on airport traffic generation if anticipated circulation improvements off -airport do not occur. Once the Adjusted Environmental Baseline is accepted as accurate and the conditions to achieve it are assured, the next issue concerns the significance of surface traffic impacts and the mitigation measures needed to reduce those impacts. Mr. Jim Ritchie Mr. David B. Kessler, AICP September 4, 2001 Page 18 C. The Direct and Cumulative Impacts of Surface Traffic Are Improperly Equated. The surface traffic analysis uses traffic volumes from airport and non -airport projects. (See, e.g., Master Plan § 2.6.2, page V-2.279). Therefore, it is at least partially a cumulative impact analysis.' Because the surface traffic analysis is based on cumulative traffic volumes, the significance of the direct impacts and the cumulative impacts are equated. However, the use of the Adjusted Environmental Baseline makes this equation between direct and indirect effects inappropriate. While comparing the Project to the adjusted future conditions may be appropriate for assessing direct impacts, the cumulative impact is the impact of all traffic relative to the existing condition, not expected future conditions as contained in the Adjusted Environmental Baseline. The result of this improper equation of direct and indirect effects is material. The following Table (derived from Draft EIS/EIR, Table 4.3.2-24) for the a.m. peak hour illustrates the problem. The reported change in congestion between the existing conditions and Alternative. C, the preferred project alternative, is often significant, while the comparison of Alternative C with the Adjusted Environmental Baseline (which incorporates future conditions) is not. ' "The cumulative impact from several projects is the change in the environment which results from the incremental impact of the Project when added to other closely related past, present, and reasonably foreseeable probable future projects." (CEQA Guidelines, § 15355(b)) Mr. Jim Ritchie Mr. David B. Kessler, AICP September 4, 2001 Page 19 Intersections Existing Adjusted ' Alternative C Difference Difference Baseline (w/mit) (w) (w) V/C(LOS) V/C(LOS) V/C(LOS) Existing Adjusted Aviation/E1 Segundo 0.835(D) 1.097(F) 0.865(F)* Aviation/Rosecrans 1.121(F) 1.164(F) 1.171(F) +.050 +.007 Highland/Rosecrans 1.069(F) 1.211(F) 0.947(E) -.122 -.264 Sepulveda/El Segundo 0.869(D) 1.190(F) 1.161(F) +.292 -.029 Sepulveda/Mariposa 0.730(C) 0.772(C) 0.803(D) +.073 +.031 Sepulveda/Rosecrans 1.220(F) 1.275(F) 1.243(F) +.023 -.032 Vista Del Mar/Grand 0.749(C) 0.918(E) 0.729(C) -.02 -.189 Vista Del Mar/Imperial 0.465(A) 1.098(F) 0.903(E) +.438 -.195 * Apparent error in Table 43.2-24 of the EIS/EIR (page 4-340) Using this concept of the Adjusted Environmental Baseline, the result is that the cumulative impacts of the Project are often significant and not mitigated even when the Project's direct effects have been.9 D. The Draft EIS/EIR Inadequately Documents the Northside/Westchester Southside Proiect. The Draft EIS/EIR's impact analysis for off airport surface traffic is dependent upon the assumption that there will be a substantial reduction in the number of trips generated from the Northside Project. By "reconstituting" the Northside Project into the Westchester Southside Project, the Draft EIS/EIR projects that there will be a significant decrease in collateral trips with the adoption of the proposed Master Plan. The source of the collateral trip reduction is the change in the land use for the Northside Project and Continental City Project. Attachment A of Technical Report 3b provides the basis for the reduction in collateral trips. 8 Change in V/C Rates of .01 defines significant impact for intersections at LOS F (Draft EIS/EIR, p. 4-291). 9 Note that if the comparison had been between Alternative C and the No- Project/No-Action Alternative, the difference would have been even greater, as the No- Project/No-Action Alternative provides for on -airport, potentially capacity -enhancing, improvements, but not off -airport surface traffic impact mitigation. • • Mr. Jim Ritchie Mr. David B. Kessler, AICP September 4, 2001 Page 20 AM PEAK PM PEAK Adjusted No Alternative Adjusted No Alternative Baseline Project C Baseline Project C Northside 0 7,217 3,922 0 7,131 4,423 Continental City 0 5,323 0 0 5,348 0 Manchester Square 0 0 212 0 0 233 Total 0 12,540 4,134 0 12,479 4,656 The issue here is the same as that concerning the Adjusted Environmental Baseline, i.e., the actions needed to insure that the reduction is achieved. The principal question is what specific discretionary actions are required to modify the allowable land uses in the Northside Project and in Continental City property, and how will compliance be assured? The land use component of the Draft EIS/EIR and Condition LU -1 in Chapter V, Environmental Action Plan, presents a "Master Plan commitment" that: "To the maximum extent feasible, all [Q] conditions ... from the City of Los Angeles Ordinance No. 159,526 that address the Northside project area will be incorporated by LAWA into the Zoning Code Amendment and LAX Master Plan Implementing Ordinance for the Westchester Southside Project. Accepting that certain conditions may be updated, revised, or determined infeasible as a result of changes to the LAX Northside project, the fmal [Q] conditions for the Westchester Southside Project will ensure that the level of environmental protection afforded by the full set of LAX Northside projects [Q] conditions is maintained." (Draft EIS/EIR, Chapter V, page 5-2). Since this traffic reduction is critical to the projected Master Plan trip generation, the detail associated with this property needs to be firmly established. It is unacceptable to assume that certain conditions may be "updated, revised or determined infeasible" if they are necessary to bring about the decrease in collateral trips upon which the Master Plan projections are based. While there are some discussions of the Northside/Westchester Southside Project in the Draft EIS/EIR's purpose and need chapter and Master Plan, Appendix Q, these are brief, general presentations lacking in specificity as to the actions needed to commit the City to limit these uses. • • Mr. Jim Ritchie Mr. David B. Kessler, AICP September 4, 2001 Page 21 The importance of this lack of specificity in the definition of Project actions, as they relate to the Northside/Westchester Southside Project, is that there is no commitment by Los Angeles to insure that the traffic reduction represented by the changes in allowable land use will occur. The surface traffic capacity for the Project claimed through the reduction of traffic generation from the Westchester Southside Project is significant. Without a more adequate demonstration of the Master Plan's ability to achieve that reduction, and a concrete commitment to meeting those goals, the Draft EIS/EIR will remain inadequate. E. The Transportation Planning Horizon Used in the Draft EIS/EIR is Improperly Shortened So As To Minimize the Full Build Out Surface Traffic Impacts of the Project. The Draft EIS/EIR modeled future conditions for the years 2005 and 2015. The current regional transportation plan, however, uses 2025 as the horizon year. The use of a later year between 2015 and 2025 for analysis is proper in light of the fact that the Project is anticipated to take 16 years to complete.t0 If the Project commences as early as 2002, it will not be completed until 2018, three years after the 2015 horizon has expired. With the year 2013 being the second greatest peak construction year (Draft EIS/EIR, page 4-270), the proposed Master Plan improvements will not be complete by the time the present horizon year of 2015 is reached. The import of the choice of 2015 as horizon year, before the Project is completed, is that the full build -out ("worst case") impacts of the Project will remain unanalyzed. Further, while the impacts resulting from the adoption of the proposed Master Plan are generally evaluated against the Adjusted Environmental Baseline, much of the Draft EIS/EIR's discussion of surface traffic is compared to the No-Project/No-Action altemative (i.e., the alternative that assumes growth in operations and passenger demand at the Airport, along with completion of improvements already planned, but no off airport traffic or other development improvements). The comparison of the Project with two separate baselines in the years 2015 presents a misleading picture. While the reconstitution of the Northside Project may provide a reduction in the traffic generated in 2015, the existing airport improvements clearly permit growth beyond that currently possible. Therefore, the further into the future conditions are projected, the greater the effect of the proposed Master Plan improvements on traffic. 10 The Draft EIS/EIR, Purpose and Need Section (Chapter 2, pages 2-12 through 2- 13) indicates that the Project will be implemented in two phases. The first phase will last six years and the following phase 10 more years. Mr. Jim Ritchie Mr. David B. Kessler, AICP September 4, 2001 Page 22 F. The Impacts of Construction Traffic Are Largely Ignored. While the Project's construction will stretch over a period of 14 years, the impacts of the numerous construction vehicles that will be in use during that period remain unexplored. First, the Draft EIS/EIR acknowledges a volume of construction vehicles which includes 2.8 trucks per minute, 10 hours per day, 6 days per week, or 1.2 trips per minute, 20 hours per day in a 7 day work schedule (Draft EIS/EIR, page 4-319). While the Draft EIS/EIR purports to address mitigation by recommending that trucks trips be divided among four locations on the construction site, that purported mitigation does not consider the trucks' impacts on surrounding arteries even a short distance from the construction site. Moreover, the Project will admittedly coincide with the construction of Playa Vista, located approximately 2 miles north. of the airport (Draft EIS/EIR, page 4-320). The Draft EIS/EIR contains little or no analysis of the cumulative impacts of the construction of these two projects on surface traffic on surrounding arteries and the San Diego Freeway. Moreover, the mitigation offered is slight. The Draft EIS/EIR offers to expand the "... Traffic Coordination Office ... "to minimize the impacts of construction traffic (Draft EIS/EIR, page 4-320). This purported_ mitigation measure, even when combined with other assurances including that "construction traffic ... can be managed ..." (Draft EIS/EIR, page 4-320), and "traffic patterns around the airport for the general public would be largely maintained ... " J j.), does little, if anything, to assure that the manifest impacts of construction will be mitigated. The Draft EIS/EIR admits as much where it states "however, even with these commitments in place, the Project would still cause sufficient construction -related traffic to cause notable disruption of normal traffic flows near the airport." IJ4.) Since construction is planned to last more than 14 years, -the Draft EIS/EIR is basically stating that for that entire period, traffic is expected to be. disrupted, and the Project's purported mitigation will be insufficient to restore stability. Finally, the Draft EIS/EIR pays little or no attention to the traffic impact of vehicles used by construction workers. It states that construction employees will work in three shifts, and that the second shift will arrive before the first shift ends (Draft EIS/EIR, page 4-319). Using simple math, it appears that at some points during the day, parking would have to be provided for more than 8,000 workers when these two shifts overlap. While remote parking areas are suggested for construction employees, they are as far away as Palmdale, Van Nuys and Ontario ILd.). The likelihood of construction workers using such remote parking is slim to none. Therefore, the mitigation measure is largely useless. However, even if remote parking were utilized to any extent, the Draft EIS/EIR fails to discuss the traffic impacts of the shuttles which would bring the construction workers from these remote locations to the airport. In short, even though construction is expected to last for 14 years, the Draft EIS/EIR contains little, if any, analysis of Mr. Jim Ritchie Mr. David B. Kessler, AICP September 4, 2001 Page 23 the impacts of construction worker traffic which will take place on the entire street/freeway system 6 or 7 days a week during that period. In summary, while "the general construction concept is to have many of the transportation improvements completed within the first five years after construction begins ... " (Draft EIS/EIR, page 4-318), the LAX Expressway and northeastern portion of the ring road from the San Diego Freeway to Sepulveda Boulevard would not be available to traffic until well after the first five years (Draft EIS/EIR, Table 4.3.2-18, page 4-318). Therefore, there would be no new routes available for mitigating the above impacts during the heaviest construction period." As a consequence of the above omissions, the Draft EIS/EIR's analysis of construction traffic impacts is materially deficient. G. The Draft EIS/EIR Lacks a Mitigation Monitoring Program. The Draft EIS/EIR, Chapter V is entitled `Environmental Action Plan". It is not specific as to whether this constitutes a Mitigation Monitoring Program required by CEQA (CEQA Guidelines § 15091(d)). If it does represent a Draft Mitigation Monitoring Program, it is inadequate. The Section lacks a clear statement of the party responsible for implementing the mitigation, the mechanism for enforcement of the mitigation and the timing of implementation. Moreover, it lacks detailed explanation of the way in which the diminution of traffic from the Northside Project, as well as other surface traffic mitigation measures will be achieved. III. THE DRAFT EIS/EIR NOISE ANALYSIS UNDERSTATES THE PROJECT'S AIRCRAFT NOISE IMPACTS. The Draft EIS/EIR minimizes the Project's noise impacts by artificially inflating the Environmental Baseline and by failing to disclose the Project's overflight noise impacts!' 11 The Draft EIS/EIR states that Phase 1 of the Project would be 5-6 years long and end in 2005. As the Draft EIS/EIR cannot be approved before late 2001, at the earliest, and Phase 1 of the construction could not then begin before 2002, Phase 1 could not end until at least 2007 or 2008. Similarly, Phase 2 which is estimated to extend 10 years past the completion of Phase 1, would end in 2017 not 2015, as assumed in the Draft EIS/EIR. This is important because the impacts of construction, and associated traffic, will now be extending well past the period anticipated in the Draft EIS/EIR 12 Project proponents apparently did not use the most recent Integrated Noise Model (INM) Version 6.0 to calculate aircraft noise as the Draft EIS/EIR discusses INM, Version 5.1a. Mr. Jim Ritchie Mr. David B. Kessler, AICP September 4, 2001 Page 24 A. The Draft EIS/EIR Does Not Designate the Proper Baseline for Its Noise Analysis. As noted earlier, a threshold issue in environmental analysis is the establishment of a "baseline". The function of a "baseline" is to provide a benchmark of existing conditions against which the environmental impacts of a project may be measured. If the baseline is incorrectly designated at too high a level, the impacts of the Project will be improperly minimized. In this case, the Draft EIS/EIR utilizes three separate and distinct baselines for analyzing the impacts of the Project: (1) the Environmental Baseline (1996), i.e., the purported conditions in existence before implementation of the Project; (2) "No -Project" baseline for 2005 (and 2015) which includes "natural" growth on the airport resulting from implementation of already approved airport projects continued in the current Master Plan that purportedly would have occurred even if the Project is not implemented; and (3) Adjusted Environmental Baseline predicated on projected conditions in the years 2005 and 2015 with off -airport land use activities completed and regional circulation improvements in place, but without any improvement to airport facilities. The Draft EIS/EIR chooses 1996 (i.e., the Environmental Baseline) as the base year for evaluation of aircraftnoise impacts, and states that in 2015, the Project's horizon year, Alternative C "would reduce the total number of people exposed to aircraft noise above 65 CNEL compared to current conditions as represented by the Environmental Baseline year." (Draft EIS/EIR, page 4-11) By using 1996 as the benchmark, the Draft EIS/EIR's noise analysis artificially minimises the apparent growth in noise impacts associated with the Project. This is because, in 1996, many noisy Stage 2 aircraft remained in the fleet (which were then phased out in late 1999). When the Notice of Preparation was published in July 1997, the Project proponents knew with certainty at that time that some of the noisiest aircraft in its fleet would not operate after December 31, 1999,.and that the removal of these aircraft from the fleet serving the Airport would reduce the size of the airport's noise exposure contours. The Draft EIS/EIR concedes that the "reduction in noise exposure is the result of a federally mandated phase out of older, noisier Stage 2 jets," and not the implementation of the Project. Despite that fact, the Draft EIS/EIR consciously skews the analysis by using 1996 as the Base Year for its noise analysis. The Draft EIS/EIR disregards the fleet mix changes brought about by the Stage 2 phase out. The Draft EIS/EIR's "Average Annual Day Operations and Fleet Mix - Environmental Baseline" (Draft EIS/EIR, Appendix D, page 11) includes a total of 139 noisy Stage 2 aircraft in Draft EIS/EIR, Appendix D, page 6. • Mr. Jim Ritchie Mr. David B. Kessler, AICP September 4, 2001 Page 25 the daily operations mix. In other words, nearly 7% of the aircraft included in the calculation of the baseline noise contour analysis are high noise producing aircraft the inclusion of which will increase the size of the baseline noise contours and, thereby minimize the apparent impacts of the Project. Courts have displayed flexibility in dealing with cases involving complex long term environmental review. They have agreed that, for lengthy environmental review such as that at issue here, the analysis of such impacts as surface traffic (and aircraft operations) which normally fluctuate over time are properly assessed against a later baseline than the time of the publication of the Notice of Preparation. (Save our Peninsula Committee, supra, 87 Cal.App.4th at 125-126) Therefore, Project proponents are not tied to the 1996 baseline, the last full year of data before the year of Notice of Preparation Publication, but should, more properly, have used a year no earlier than 1999, the last full year of data available before publication of the Draft EIS/EIR. Moreover, that data should have been updated with available data from the year 2000. Absent such an update, the Draft EIS/EIR noise analysis is incomplete and, thus, inadequate. B. The Draft EIS/EIR Fails to Disclose the Project's Overflight Noise Impacts. Under FAA Rules, changes in operations above an altitude of 3,000 feet Above Ground Level (AGL) are categorically excluded from environmental review under NEPA. FAA Order 1050.1D, Appendix 3, paragraph 3.a.13 However, FAA Order 1050.1D, paragraph 32 also mandates that "extraordinary circumstances" such as actions which are likely to have a significant impact on noise levels over noise sensitive areas, or a significant impact on coastal zones, "shall be the subject of an environmental assessment." I(_d., paragraph 32) Here, the noise analysis in the Draft EIS/EIR narrowly focuses on cumulative aircraft noise impacts created by aircraft approaching the Airport from the east, and from start -of -takeoff roll. However, it completely disregards the impact of single event overflight noise on the South Bay communities: (1) by failing to depict and analyze the noise impacts from additional new routes over areas not previously over -flown; (2) by failing to acknowledge a potential increase in lateral separation of aircraft which could lead to an increase in overflight noise; (3) by failing to report or study the noise impacts of increased operations over coastal zones; and (4) by using an outdated modeling system to justify the decision not to study the noise impacts to South Bay communities. 13 The Draft EIS/EIR improperly relies on draft FAA Order 1050.1E and the City of Los Angeles' Draft L.A. CEQA Thresholds Guide (May 14, 1998) as authority for several of its assertions. Mr. Jim Ritchie Mr. David B. Kessler, AICP September 4, 2001 Page 26 1. The Draft EIS/EIR Depicts Additional New Routes Over Noise -Sensitive Areas Within the South Bay Communities but Fails to Analyze the Noise Effects of These New Routes. CEQ Guidelines § 1502.1514 state that "[t]he environmental impact statement shall succinctly describe the environment of the area(s) to be affected or created by the alternatives under consideration." [emphasis added] The Draft EIS/EIR's failure to comply with this mandate is two -fold. First, the Preferred Alternative includes new routes over areas not previously impacted. Second, the Draft EIS/EIR does not analyze the noise impact created by these new routes over noise sensitive areas, thereby failing to describe the environment of the areas to be affected or created. Master Plan Maps (pages II -2.36 - II -2.37, Figures II -2.11 and II -2.12) illustrate that when the Airport is operating on a west flow, M -class or turbo -prop aircraft tum at the VOR. This is contrary to stated airport policy and noise abatement procedures which require aircraft to proceed past the shoreline before starting a tum." In fact, twelve of the departure tracks for turbo -props used to establish the baseline integrated noise monitor data are routed over residential areas not previously overflown. (Draft EIS/EIR, Appendix D, page 7, Exhibit 2). The use of these incorrect flight tracks and early turns potentially affects the noise contour on both sides of the airport. Moreover, if the turbo -prop aircraft turn early, the designated routes will cause them to fly over noise sensitive areas such as parts of El Segundo, thus requiring further review under the "extraordinary circumstances" exception of FAA Order 10501.1D, paragraph 32. In short, the development of these new routes could potentially violate Airport noise abatement policy and could create unacknowledged impacts which must be analyzed. 2. Greater Lateral Dispersion of Aircraft Will Potentially Occur to Accommodate the Increase in Operations at the Airport Which May Lead to Premature Easterly Turns Over the South Bay Communities and Consequent Increases in Overflight Noise. Even if no new routes were contemplated, the Draft EIS/EIR states that over 90% of the operations at the Airport are in a west flow with climb out over the ocean. The aircraft then turn either south-east or north-east towards their easterly destination. The Draft EIS/EIR anticipates that the Project will lead to an increase in operations. The Draft EIS/EIR does not, however, 14 The Draft EIS/EIR is also a federal document subject to the requirements of the National Environmental Policy Act, 42 U.S.C. § 4321, etsem., and its implementing regulations, 40 C.F.R. § 1500, et semc . ("CEQ Guidelines"). • • Mr. Jim Ritchie Mr. David B. Kessler, AICP September 4, 2001 Page 27 discuss the way in which these increased operations will be integrated into the existing Airport air traffic flows. If it did, it would also have to reveal the potential for increased overflights of South Bay communities. To accommodate this increase in air traffic, more airspace will probably be required to maintain adequate separation between aircraft during climb out. Air traffic controllers separate aircraft in two ways, laterally and vertically. Generally speaking, since heavy departing aircraft are resistant to an increase in vertical separations for reasons of both cost and performance, aircraft are dispersed laterally. As lateral separation between departing aircraft must be maintained, a greater number of offshore aircraft may come closer and over the shoreline, which may also lead to premature easterly turns from the initial southerly headings of departing flights. These premature turns will potentially lead to an increase in overflight noise over South Bay Communities, noise sensitive areas not previously included in standard departure tracks. At a minimum, the Draft EIS/EIR should contain a supplementary single -event noise analysis for communities south of the airport_ 3. The FAA Fails to Study the Project's Noise Impacts over Coastal Zones. FAA Order 1050.1D, paragraph 32, Extraordinary Circumstances, mandates that a normally categorically excluded proposed Federal action which "is likely to have a significant impact on natural, ecological, cultural, or scenic resources of national, state, or local significance, including... coastal zones," (FAA Order 1050.1D, paragraph 32) shall be the subject of, at a minimum, an environmental assessment. Included in South Bay communities are the coastal zones south of the airport. As California's coastal zones are of national, state, and local significance, they fall within the mandate contained in FAA Order 1050.1D. Nevertheless, the Draft EIS/EIR fails to acknowledge, let alone analyze, impacts on South Bay coastal zones. 4. The Draft EIS/EIR Ignores FAA Order 1050.1D, Paragraph 32 and Uses a Modeling System Which Lacks Any Legal or Scientific Basis in Order to Justify the Draft EIS/EIR's Failure to Examine the Noise Impacts to Communities in the South Bay. The Draft EIS/EIR noise analysis assumes that noise in the South Bay communities which lies outside the parameters established for the noise analysis, does not exist. The noise analysis is, therefore, incomplete. First, as discussed above, the turbo -prop routes and the potential for increased lateral separation of aircraft will have a material impact on noise levels of noise sensitive areas including coastal zones. Therefore, FAA Order 1050.1D, paragraph 32 calls for at least an assessment of changes in operations above 3,000 feet AGL. Nevertheless, the Draft EIS/EIR, in two paragraphs, completely dismisses this requirement and categorically states that "no further noise review" above 3,000 feet is necessary since the noise associated with jet Mr. Jim Ritchie Mr. David B. Kessler, AICP September 4, 2001 Page 28 aircraft weighing more than 75,000 pounds will not change more than five decibels CNEL. (Draft EIS/EIR, Appendix D, page 65) Second, the rationale for this determination is unexplained and unjustified under either legal or scientific standards. The five decibel CNEL standard is not acknowledged in the procedures and policies of NEPA, FAA Order 1050.1D, or FAA Order 5050.4A. The Draft EIS/EIR's methodology is further flawed by the use of a patently erroneous measure. The FAA's benchmark for the measurement of overflight is "Above Ground Level" (AGL).15 The measure employed in the Draft EIS/EIR is "Above the Airport." (Draft EIS/EIR, Appendix D, page 65). The potential for mischief with the latter measure is clear. If the Project proponents analyze noise at altitudes greater than "3,000 feet above an airport's elevation," then communities in the South Bay and elsewhere which are located well above the airport's elevation would be at a severe disadvantage. For instance, Palos Verdes is at approximately 1,480 feet elevation,16 while the Airport is located at 126 feet." Due to the difference in elevation between Palos Verdes and the Airport, an aircraft may be 3,001 feet "above the airport", and its noise not subject to environmental review, while it is only 1,521 feet above Palos Verdes. Thus, while the noise impact may not meet the "above the airport" criterion, the noise over Palos Verdes would be significantly greater but remain unaccounted for in the model. Third, the Draft EIS/EIR claims to have relied upon the Air Traffic Noise Screening Model (ATNS), Version 2.0, to: "assess the effects of noise level changes associated with air traffic procedure changes at altitudes greater than 3,000 feet above an airport's elevation. This methodology requires that changes in aircraft noise be evaluated if the noise associated with jet aircraft weighing more than 75,000 pounds changes by more than five decibels of DNL (CNEL in California) over residential areas and the aircraft is in flight at an altitude between 3,000 and 18,000 feet above the airport." (Draft EIS/EIR, Appendix D, page 65) [Emphasis added.] is See, in general, FAA Order 1050.1D which uses the benchmark "ABOVE GROUND LEVEL" as a starting point for altitude measurements. 16 http://pointvicenteinterpretivecenter.com/rpv/recreationparks/content/ rpvfactsheet2000.htm (accessed June 22, 2001). t7 http://www.aimay.com/airport/LAX (accessed June 22, 2001). • Mr. Jim Ritchie Mr. David B. Kessler, AICP September 4, 2001 Page 29 It did not. In fact, it appears that the outdated and obsolete checklist from FAA Notice 7210.360 was utilized instead. ATNS is a computerized version of the former FAA Notice 7210.360, and supercedes the checklist method. It requires actual data input, performs the calculations, and prepares written documentation on the findings. The Draft EIS/EIR contains only a checklist. After checking off five boxes from the "departure" N 7210.360 checklist, (Draft EIS/EIR, Volume D, pages 79-86) the Project proponents determined that: "since the flight tracks of the new and relocated runways will be located within close proximity to the present flight tracks of the existing runways, and the aircraft activity on these tracks will not result in an increase of 5 decibels of DNL (CNEL) over any residential area when the aircraft are above 3,000 feet, the checklist indicates that no further noise review under this requirement is necessary." Draft EIS/EIR, Volume D, pg. 65. (Italics added for emphasis.) The checklist itself is proof that the drafters never used the actual ATNS aircraft noise screening modeling system, but, instead, chose to work with its former outdated and obsolete checklist version. The Draft EIS/EIR misleads the public into believing that an actual, scientific analysis was conducted to determine whether noise decibels would increase above 3,000 feet. In short, the Draft EIS/EIR does a disservice to the South Bay communities by ignoring the potential noise impacts that the new flight tracks and lateral separation of aircraft will cause to the area. Not only should the Project proponents conduct a full environmental review of the noise impacts to the area under FAA 1050.1D, paragraph 32, but a more accurate, and scientifically appropriate methodology should be used to make the determination of the significance of noise impacts over South Bay communities. IV. THE DRAFT EIS/EIR AIR QUALITY ANALYSIS IS INADEQUATE. The Draft EIS/EIR's air quality analysis exhibits serious deficiencies, not the least of which is the total absence of a formal air quality conformity analysis required under federal law where, as here, the Project's air quality impacts are not claimed to be insignificant (see 42 U.S.C. § 750618). The absence of a conformity analysis necessarily renders the following comments 18 "No department, agency, or instrumentality of the federal government shall engage in, support in any way or provide financial assistance for, license, permit or approve any Mr. Jim Ritchie Mr. David B. Kessler, AICP September 4, 2001 Page 30 preliminary, and SBCCOG reserves the right to comment further upon issuance of the conformity analysis. A. The Baseline for the Draft EIS/EIR Air Quality Analysis is Not Appropriately Estimated. -The Draft EIS/EIR assumes that annual aircraft operations will be essentially identical regardless of whether the Preferred Altemative is implemented (Draft EIS/EIR, page ES -9). Under the No-Action/No-Project Alternative, total operations are expected to be 98 percent of operations under the preferred expanded capacity scenario (Alternative C). Furthermore, air passenger operations activity will actually be higher under the No-Action/No-Project Alternative. At the same time, the Preferred Alternative moves about 15 percent more passengers through higher aircraft load factors. Basic economic theory, however, dictates that under free market conditions, demand will reach equilibrium for a given level of supply at a certain market cost (including time costs associated with delays, congestion, etc.). If the supply curve (for air transportation) is then shifted, as would occur under an increased capacity situation such as that proposed,19 the supply/demand equilibrium for the same level of market cost will shift to a point of higher demand. This shift is often referred to as induced demand, and analyses which do not consider this effect (or which assume demand levels counter to market behavior as appears to be the case with the Draft EIS/EIR) are not accurate in general, or specifically with respect to future air quality conditions under any of the various alternatives. Viewed from a practical rather than theoretical perspective, the Draft EIS/EIR presumes that the Airport will support over 391,000 aircraft landing and takeoff (LTO) cycles in 2015 by doing nothing other than carrying through with those projects already adopted. Although operations without the Project would be constrained by greater delays as well as excessive times to reach the airport, the Draft EIS/EIR does not account for the discouraging effects of these delays, and assumes that under the Preferred Altemative, specifically designed to relieve these problems of congestion and delay, the total number of annual LTOs will increase by less than 2 percent (to 398,000) over the No-Action/No-Project Alternative. There are only two possible explanations for this relationship: (1) either usage under the No-Action/No-Project baseline is overstated; or (2) usage under the Preferred Alternative is understated. Correspondingly, either activity which does not conform to an implementation plan ..." (42 U.S.C. § 7506(c)(1)) 19 The Preferred Alternative lengthens and reconfigures runways, adds a new West Terminal, and improves traffic flow. • Mr. Jim Ritchie Mr. David B. Kessler, AICP September 4, 2001 Page 31 emissions for the No-Action/No-Project baseline are overstated or emissions for the Preferred Alternative are understated. The result is an artificial (and erroneous) minimization of the difference in emissions between baseline conditions and those of the Project. This same issue affects stationary source emissions. Increased airport capacity can be expected to attract associated industrial and commercial activity into the area. This attraction would not occur without the increased capacity and, therefore, must be accounted for if a true assessment of airport emission impacts is to be determined. Note that this commercial development is distinct from currently planned commercial development, in that it occurs due to airport capacity expansion, but outside the formal planning process of the airport. One must recognize that the estimates of reduced emissions under the action alternatives (either the preferred or alternative scenarios relative to a No-Action/No-Project scenario) are due almost entirely to "flow" improvements in the form of reduced taxiway congestion and improved traffic movement both on and offsite. If these congestion reductions are eliminated or reduced through increased air travel or associated demand that is not properly accounted for in the Draft EIS/EIR, the predicted emissions impacts will not be accurate. B. Future Background Pollutant Concentrations Are Not Appropriately Estimated. Background pollutant concentrations are required to accurately estimate the impact of the proposed Airport expansion on National Ambient Air Quality Standards/California Ambient Air Quality Standards ("NAAQS/CAAQS") compliance. These concentrations must account for the combined impacts of the universe of emission sources not explicitly accounted for in the airport analysis. In effect, the background concentrations determine the emissions baseline upon which Airport emissions are placed. If this base is underestimated, the overall affect of airport expansion on NAAQS/CAAQS compliance could be similarly understated. Alternatively, if the base is too high, the Draft EIS/EIR analysis could be conservative. While the Draft EIS/EIR presumes the latter (Draft EIS/EIR, Technical Appendix G, page 46), it contains no data to support such a conclusion and some reason to believe that the converse may be true. Current short term (sub -annual) background concentrations for the Draft EIS/EIR are based on measurements taken at an onsite monitoring station located just east of the southern runway configuration. Current annual concentrations are based on data collected at a South Coast Air Quality Management District("SCAQMD") monitoring facility (Hawthorne) located near, but southeast of the Airport (Draft EIS/EIR, Technical Report 4, Attachment A, page 3). On the premise that measurements from these sites inherently include emissions from the Airport, the Draft EIS/EIR concludes that such emissions represent conservative background concentration baselines for air quality analysis (since Airport emissions will be added on top of a background that already includes Airport emissions). • Mr. Jim Ritchie Mr. David B. Kessler, AICP September 4, 2001 Page 32 However, the prevailing wind direction for the Airport area is southwest to northeast (Draft EIS/EIR, Technical Report 4, Attachment A, page 3). Therefore, there is probably little influence from the Airport on the offsite concentrations used as background, as well as only moderate influence on the onsite -based background concentrations. The bulk of airport activity, including all terminal and motor vehicle operations occur under the influence of a prevailing wind plume that crosses Airport property to the north of the onsite monitoring station. While certain aircraft takeoff and queuing emissions are undoubtedly accounted for in the onsite baseline concentrations, these represent only a small fraction of overall airport emissions. Comparative data for concentrations from both monitoring stations could demonstrate the validity of the claim of conservatism, (i.e., do the observed concentrations for identical monitoring periods show a higher background at the onsite station?), but the Draft EIS/EIR apparently contains no data for the offsite monitoring station (other than the specific background concentrations used in the Draft EIS/EIR and associated documents, which are not comparable to the data for the onsite monitoring station). More importantly, the emissions inventory rollback techniques used to forecast future background concentrations (Draft EIS/EIR, Technical Appendix G, pages 45-46) are of questionable validity for the Airport area. Background concentrations as well as future emission reduction influences around the Airport are constrained by geography. Since the prevailing wind flows from the southwest to the northeast, the Pacific Ocean represents a physical constraint that may significantly influence emission reduction impacts on background concentrations. In effect, the implemented rollback procedure to estimate future background concentrations reduces current background concentrations in proportion to expected regional emission inventory reductions over the same time period. Therefore, this procedure inherently assumes that inventory reductions are homogeneous throughout the region in terms of their influence on background concentrations. This is perhaps a viable assumption in instances where one part of a region has similar source characteristics with another, but the Airport region is clearly constrained to those source characteristics along the Pacific coastline to the immediate south of the Airport. It is the expected reductions from these sources in particular that should be used to adjust Airport background concentrations. Generally background concentrations for 2005 are reduced 30 to 40 percent while concentrations for 2015 are reduced 50 to 60 percent from the current measured data (Draft EIS/EIR, Technical Report 4, Attachment A, page 4). Clearly this assumes significant emission reductions will affect coastal monitoring sites and provides substantial headroom for emissions increases within the confines of the NAAQS/CAAQS. These reductions probably represent the most significant influence on forecast pollutant concentrations in 2005 and 2015. It is critical that the propriety of the assumed background concentrations at least be supported by comparative analysis of current Airport and offsite monitoring data as well as analysis of emissions source Mr. Jim Ritchie Mr. David B. Kessler, AICP September 4, 2001 Page 33 classifications for the area immediately to the south of the Airport with the remainder of the air basin. This comparison will either provide the proper support for the currently implemented approach or suggest a more appropriate alternative. C. Reverse Thrust Emissions from Aircraft Are Not Included in the Draft EIS/EIR Air Quality Analysis. The Draft EIS/EIR makes an affirmative determination not to address emissions from aircraft reverse thrust operations, ostensibly on the basis of inadequate emission factors and short usage times (Draft EIS/EIR, Technical Appendix G, page 4). Both of these claims are misleading. First, reverse thrust is essentially a high thrust operating mode and emission factors for such modes (i.e., climbout and takeoff) are readily available. Common practice is to use takeoff emission factors. Second, it is true that the time in mode for reverse thrust operations is short, however high thrust modes produce very high unit time NO, For example, at a commonly utilized reverse thrust mode time of 15 seconds, increased NO. emissions would be equivalent to the NO„ produced by increasing overall takeoff time by 35 percent (0.7 minutes plus 0.25 minutes versus 0.7 minutes). Since takeoff accounts for about 35 percent of total aircraft NO. (Draft EIS/EIR, Technical Report 4, Attachment C), the overall aircraft NO. inventory could increase by nearly 13 percent simply due to the inclusion of reverse thrust -related emissions alone. Without some affirmative determination that such operations will be prohibited under the action alternatives, reverse thrust emissions should be included in the Draft EIS/EIR air quality analysis. D. The Applicability of the Construction Equipment NO, Standard is Overstated. The Draft EIS/EIR states that only construction vehicles meeting a 2.5 grams per brake horsepower -hour (g/bhp-hr) NO. standard will be used for airport construction projects by 2005 (Draft EIS/EIR, Technical Appendix G, page 3). Furthermore, this requirement will be phased in between 2001 and 2005, beginning at 20 percent of vehicles and increasing at a rate of 20 percent per year. This "requirement" raises several concerns as it is applied to the construction equipment emissions analysis in the Draft EIS/EIR. First, the 3.0 g/bhp-hr NMHC+NOX standard (that is the basis for the 2.5 g/bhp-hr NO. assumption) for construction vehicles does not take effect until 2005 for 300-750 horsepower (hp) engines, 2006 and 2007 for 100-300 hp engines, or not at all for engines of other hp. Mandating this equipment for Airport work at an accelerated schedule beginning in 2001 may or may not be successful, but clearly requires some statement of commitment by the regulated parties. Voluntary, so-called "Blue Sky Series," engines can be certified by manufacturers before 2005 but there is no requirement to do so (and little incentive since these engines cannot be used Mr. Jim Ritchie Mr. David B. Kessler, AICP September4, 2001 Page 34 in the emissions averaging programs associated with non -Blue Sky engines, averaging programs which are currently relied on by all heavy duty engine manufacturers for emissions standards compliance). In reality, construction firms will only be able to provide equipment that is available on the market and it is dubious that the number of engines meeting the suggested standard in the required years will be significant. Second, the mandatory "clean engine" standards that do begin in 2001 require NOX at levels around 4.0 g/bhp-hr (an exact value is not possible since the standard is again expressed as NMHC+NOX, in this case 4.8 g/bhp-hr). However, these standards also only apply to 300-750 hp equipment. While a number of construction equipment engines fall into this category, many others range from as low as 25 hp up through 300 hp. For these lower hp categories, standards do not begin until 2003 or 2004 and get progressively less stringent as engine size decreases (to 5.6 g/bhp-hr for engines below 100 hp). Third, even if this low emissions requirement could be enforced (i.e., allow use of only new Blue Sky Series engines at the Airport), an assumption of 100 percent in -use compliance is overly optimistic. While it is not possible to say with certainty what fraction of equipment may operate at emissions levels above certification standards, experience has demonstrated that engines employing sophisticated engine management strategies and aftertreatment controls (as is expected for engines meeting these stringent standards) are subject to both malperformances and malmaintenance effects. For first generation engines, such problems are usually exacerbated. What can be stated with certainty is that construction emissions impacts will be larger than the level acknowledged in the Draft EIS/EIR E. General Emission Factors for Offroad Equipment are Understated. In general, it appears that the emission factors employed for offroad engines, even in the absence of the 2.5 g/bhp-hr issue noted above, are significantly underestimated. This underestimation affects not just construction equipment, but both baseline and ongoing aircraft Ground Support Equipment ("GSE") operations, and results from the fact that outdated emission factor sources were utilized. The net effect is that airport emission and air quality impacts are underestimated. Offroad engine emissions knowledge is currently in a state of rapid development and estimation techniques need to maintain currency with the latest methods. In California, this would imply use of the California Air Resources Board's ("CARB") OFFROAD emission factor model, while nationally a similar model termed NONROAD has been developed by the U.S. Environmental Protection Agency ("EPA"). While development continues on both, they clearly represent the most up-to-date compendiums of current offroad engine emissions estimation • Mr. Jim Ritchie Mr. David B. Kessler, AICP September 4, 2001 Page 35 techniques. For example, these models employ the most recent emission factor test data, emissions deterioration test data, and equipment size and activity factors. References cited in the Draft EIS/EIR (Draft EIS/EIR, Technical Report 4, Attachment A), such as the EPA's AP -42 and Procedures for Emissions Inventory Preparation documents as well as the SCAQMD's CEQA Handbook, employ less developed and, in many cases, seriously outdated data. An example of the magnitude of the emissions underestimation can be derived by comparing emission factors across the alternative methods. The Draft EIS/EIR relies on the use of the FAA's Emissions Dispersion and Modeling System ("EDMS") to generate GSE emission estimates. However, EDMS includes significantly outdated GSE emissions data.20 A quick comparison indicates that CARB OFFROAD model and EPA NONROAD model GSE (average) emission rates (for the same equipment activity distribution assumed in the EIS/EIR) are, for diesel equipment, from 7 to 13 times greater for VOC, 5 to 10 times greater for PM, 5 to 9 times greater for CO, 4 to 5 times greater for NO, and 4 to 5 times greater for SO2. For gasoline GSE, the models produce average emission rates 10 to 20 times greater for VOC, 1 to 6 times greater for PM, 15 to 16 times greater for CO, 6 to 9 times greater for NO, and 2 to 4 times greater for SO2. The impact of using outdated emission rates is clearly significant and should be reevaluated if realistic air quality impacts are to be derived. F. Ground Support Equipment Populations Are Not Appropriately Specified. As stated above, the Draft EIS/EIR uses the FAA's EDMS model to estimate GSE emissions (Draft EIS/EIR, Technical Report 4, Attachment A). Inherent within this approach is an assumption that EDMS properly estimates GSE populations. Since the current GSE population at the Airport is known, it would be appropriate to determine whether EDMS assumptions are consistent with the Airport's actual population and use -hour statistics. This would provide support for the validity of EDMS equipment estimation algorithms and allow for a more appropriate assessment of the accuracy of the GSE emissions estimates and air quality impacts of the Draft EIS/EIR G. Emissions Benefits of Conversion of GSE to Electric, Hybrid, and Alternative Fuels are Overstated. The Draft EIS/EIR contemplates a widespread GSE replacement program under all three of the action alternatives, while retaining primarily fossil fuel powered GSE for the No- Action/No-Project Alternative (Draft EIS/EIR, Technical Report 4, Attachment L). While this 20 This situation may be improved in the latest version of EMDS, which was released subsequent to the completion of the Draft EIS/EIR. Mr. Jim Ritchie Mr. David B. Kessler, AICP September 4, 2001 Page 36 could be construed as a mitigation measure and, in fact, is listed as the single most effective mitigation measure on the list of potential mitigation measures included in the Draft EIS/EIR (pages 4-514 through 4-519), it is arbitrary to apply the measure only to the action alternatives, as there are no specific constraints to such substitution today or under the No-Action/No-Project Alternative. Electric GSE is cost effective from a market standpoint today. Therefore, whatever incentive or mandate will be offered under the action alternatives to move toward electrification could just as readily apply today. Required infrastructure modifications are relatively modest, with no dependency on the expansions associated with any of the action alternatives. But by far the most troubling issue is that the replacement program already appears to be accounted for in the "unmitigated" emission estimates for all three action scenarios. If this is the case, no additional emission reductions will be achieved through GSE electrification as is claimed in the proposed list of mitigation measures. H. Incorrect Aircraft PM Emission Factors Are Used in the Draft EIS/EIR Air Quality Analysis. Two issues exist with respect to the aircraft PM analysis that result in an underestimation of the Project's potential air quality impacts. First, it appears that the Draft EIS/EIR is based on the incorrect emission factors from the supporting analysis undertaken to develop those factors (Draft EIS/EIR, Technical Report 4, Attachment H). Second, it appears that the approach used to develop PM emission factors for aircraft21 produces estimates that are not consistent with previous PM emission testing results' Analysis of PM emission factor estimation reveals that the basic estimation approach used in the Draft EIS/EIR yields an emission factor that only considers the basic non-volatile portion of particulate. An adjustment factor (that varies with fuel sulfur content) exists and should be used to correct the estimate to total PM (Draft EIS/EIR, Technical Report 4, Attachment H). This factor is calculated to be about 2.6 for low sulfur (about 70 ppmW) jet fuel and 14.7 for high sulfur (about 675 ppmW) jet fue1.23 Since existing EPA data demonstrates that 21 The International Civil Aviation Organization ("ICAO") emissions certification process for aircraft does not include PM, so alternative emission factor estimation approaches are required. 22 deficiency. 23 Adjustments not employed in the Draft EIS/EIR may compensate for most of this This calculation is based on data presented in the Draft EIS/EIR (Technical Report 4, Attachment H). Mr. Jim Ritchie Mr. David B. Kessler, AICP September 4, 2001 Page 37 U.S. jet fuel averages about 600 ppmW sulfur, the appropriate adjustment factor for the Draft EIS/EIR would be about 13.2. However, from figures presented in the Draft EIS/EIR, it appears that the unadjusted emission factors were used for all emissions analysis. If so, PM emission impacts are significantly underestimated and should be reassessed after applying an adjustment to increase the PM emission rate by a factor of 13. In addition there is a potential deficiency in the approach employed to estimate PM emission factor data. The underlying need for a statistical estimation technique such as that employed cannot be disputed as the available aircraft PM emissions testing database is both small and dated. However, the Draft EIS/EIR (Technical Report 4, Attachment H) statement that the age of that data renders it valueless are questionable. Engine technology has advanced relative to the engines represented in the test database, but the fundamental physical and chemical combustion characteristics that give rise to PM formation have not. The additional claim that the existing aircraft emission factors are not of value since they reflect total PM as opposed to PM -10 is also without merit. Virtually 100 percent of combustion -related PM is PM -10, so any error resulting from the substitution of total PM for PM -10 will be insignificant. In fact, the PM emission factor estimation approach employed in the Draft EIS/EIR requires just such an assumption of equivalency between total PM and PM -10 (as stated in Technical Report 4, Attachment H). If relationships between aircraft PM and another routinely measured pollutant can be developed for one or more of the standard aircraft operating modes, then measured values for this "independent" pollutant can be used to estimate PM emission rates in that mode (or modes). Such a statistical approach can take advantage of the limited existing PM emissions database, while at the same time recognizing the substantial progress that has been made in aircraft engine performance. It is, however, critical that such relationships consider possible operating mode -specific differences in any identified PM relationship, as engine and combustion efficiency vary substantially across modes. For example, one would expect PM emission rates to be inherently low in high efficiency (high NO.) modes of operation since the same high temperature, high pressure conditions that give rise to high NO. also favor more complete fuel combustion. Conversely, PM would be expected to be high in low efficiency combustion modes. In short, it should not be expected that the significance of any inter -species relationship(s) is/are invariant across the full range of operating modes. A very strong statistical relationship between measured PM and the inverse of measured NO„ is observed in three of the four standard aircraft operating modes (approach, takeoff, and climbout), with coefficient t -statistics all significant at 99 -plus percent confidence. A strong coefficient can also be observed for the taxi mode, but it explains virtually none of the observed variation in PM and NO. (whereas variance explanatory significance exceeds 99 percent Mr. Jim Ritchie Mr. David B. Kessler, AICP September 4, 2001 Page 38 confidence for the other three modes). The magnitude of the relationship coefficients varies from 28.4 in takeoff mode to 45.0 in climbout mode, and is 33.0 in approach mode. While all three modes exhibit significant relationships, takeoff mode serves as the best basis for an overall relationship, as it statistically produces the smallest root mean square error based on regression data (an error 35 to 40 percent lower than those of climbout and approach modes). Using this takeoff mode PM -to -NO. relation as a means to estimate aircraft takeoff PM emission rates for each of the engines with NO. measurements in the overall ICAO emissions database, PM emission rates for the other three operating modes (climbout, approach, and taxi) can be developed based on observed statistical relationships between mode -specific PM and takeoff PM (i.e., PM -to -PM regressions across modes). Linear coefficients for all three modes (1.42 for climbout, 1.53 for approach, and 3.10 for taxi, all in pounds per thousand pounds fuel burned space) are significant at 99 -plus percent confidence, with adjusted correlation coefficients for climbout and approach at 0.78 and 0.83 respectively. Taxi mode correlation is poor, but the PM -to -PM relation does account for observed variance at greater than 99 percent confidence. Using existing ICAO emissions measurement statistics, this alternative approach produces PM emission rates that are 4 to 37 times higher than those used in the Draft EIS/EIR. The smallest differentials are observed at the highest thrust modes. The differentials grow with reducing thrust possibly because the Draft EIS/EIR approach does not take operating efficiency differentials between modes into consideration. Nevertheless, for a typical LTO cycle (as per Draft EIS/EIR times -in -mode), the aggregate aircraft PM emission factor will be underpredicted by a factor of 17 using the Draft EIS/EIR approach. The effect on PM air quality analyses is obvious 24 I. Aircraft SO2 Emissions are Underpredicted. The Draft EIS/EIR relies on version 3.2 of the EDMS model to predict aircraft SO2 emissions (Draft EIS/EIR, Technical Appendix G, page 4). This model underestimates aircraft SO2 emissions by a factor of two due to reliance on an incorrect AP -42 emission factor (the emission factor was developed without accounting for the factor of two ratio between SO2 mass and fuel sulfur mass). To the extent that the Draft EIS/EIR already demonstrates potential ambient SO2 concerns, those concerns will be exacerbated by this underprediction. 24 Interestingly, if the appropriate carbon -to -total PM emission factor correction of 13.2 is implemented as suggested in the support material for the Draft EIS/EIR (Technical Report 4, Attachment H), the bulk of the emission factor differentials between the two estimation approaches virtually disappear (i.e., a correction factor of 13 versus an underestimation factor of 17 for an aggregate LTO). Nevertheless, significant differences would still exist on a mode specific basis. Mr. Jim Ritchie Mr. David B. Kessler, AICP September 4, 2001 Page 39 J. The Assumption of Gate -Based Power and Air for All Aircraft is Questionable. The Draft EIS/EIR assumes that 100 percent of air carrier gate power and conditioned air needs will be satisfied by gate -based electrically powered systems as opposed to fossil fuel powered auxiliary power units (APU) or GSE (Draft EIS/EIR, Technical Appendix G, page 10). . Experience has shown that even under conditions where gate -based equipment is available, not all airlines or aircraft will utilize it consistently. This seems to be especially true for quick -turnaround airlines such as Southwest. Although the assumption of 100 percent availability and usage affects the no action and action: scenarios equally, it is important from an ambient air quality perspective to account for the full range of expected emissions. Without some definitive airport policy that gate -based systems (both power and air) be used and that any on -board APU be shut down until needed for main engine startup, the Draft EIS/EIR would present a more realistic assessment of aircraft emissions if it adjusted the percentage of gate -based system usage to match currently observed use rates at the Airport. K. APU Emission Factors for SO2 and PM Not Considered. APU emission factors for both SO2 and PM are assumed to be zero. This results from . deficiencies in the EDMS model and should be corrected to properly estimate aircraft -related air quality impacts. SO2 emissions are a function of fuel sulfur content, so that emission rates can be readily calculated and applied. APU PM emission rates can be developed using the same methodology applied to main aircraft engines. The potential impacts of this deficiency would be magnified were the Draft EIS/EIR to properly attribute some fraction of gate power and air support to APU. L. Aircraft Taxi Times are Not Included in the Draft EIS/EIR or Supporting Data. Aircraft taxi -idle times are not included in the Draft EIS/EIR, its technical appendices or supporting documentation.' It can be deduced from the included emissions estimates for aircraft taxiing that those emissions decrease substantially under the action scenarios, but the actual times should be included to allow the public an opportunity to better evaluate their propriety. In addition, the ability of SIMMOD to accurately estimate aircraft taxi times must be demonstrated by comparing SIMMOD predictions for current conditions at the Airport to observed taxi times at the Airport. The issue of aircraft taxi times is critical. The bulk of Aircraft VOC and CO emissions are generated during taxiing. In addition, although NO„ emission rates are low during taxiing, the amount of time spent in taxi mode results in a significant taxi contribution to overall 25 The Draft EIS/EIR contains references to the development of the taxi/idle times using SIMMOD, but no actual indications of what those times were. Mr. Jim Ritchie Mr. David B. Kessler, AICP September 4, 2001 Page 40 NO. emissions. Most critically, it is expected that virtually all of the aircraft emissions differential between the project baseline and the project alternatives is due to assumed reductions in aircraft idle time. Clearly, it is important that taxi times be accurately modeled. However, sufficient information is not included in the Draft EIS/EIR to determine that accurate modeling was performed. M. The Project's Conformity Cannot Be Determined from Data and Analysis Contained in the Draft EIS/EIR. ''Even without consideration of the various issues noted above, the Draft EIS/EIR presents several air quality concerns relative to the NAAQS/CAAQS under the Preferred Altemative. Although a series of mitigation measures are discussed and preliminary emission reduction estimates presented, these estimates are not documented and therefore, the calculation methodologies cannot be evaluated. The Draft EIS/EIR defers formal review of potential mitigation measures until a Final EIS/EIR is developed (Draft EIS/EIR, page 4-459). Similarly, the Draft EIS/EIR acknowledges the applicability of federal conformity requirements, but defers both the conformity analysis and a proposed conformity determination to the Final EIS/EIR (Draft EIS/EIR, page 4-460). Unfortunately, such an approach makes it impossible to comment constructively on either potential emission mitigation measures or the conformity process, since these processes will be released for comment only after the underlying decision-making has been finalized. V. THE DRAFT EIS/EIR'S ALTERNATIVES FAIL TO SATISFY THE "PURPOSE AND NEED" FOR THE PROJECT. The mandate to evaluate and compare alternatives is the "heart" of an EIS (CEQ Quidelines, § 1502.14). FAA Order 1050.1D, paragraph 63, implementing NEPA, mandates that an EIS "shall briefly specify the underlying purpose and need to which the agency is responding in proposing the alternatives including the proposed action." The FAA Order further requires that the EIS Alternatives analysis include a rigorous exploration and objective evaluation of all reasonable alternatives. Courts have concluded that to be reasonable, the suggested alternatives must meet the goals of the proposed action.26 26 See, generally, City of Carmel -By -The -Sea v. United States DOT, 123 F.32 1142 (1997); National Wildlife Federation v. Federal Energy Regulatory Commission, 912 F.2d 1471 (1990). c • Mr. Jim Ritchie Mr. David B. Kessler, AICP September 4, 2001 Page 41 The Draft EIS/EIR's alternatives analysis fails to meet the stated goals of the Project. The Draft EIS/EIR states that the general "[p]urpose and objectives of the Master Plan are to provide... sufficient airport capacity for passengers and freight in the Los Angeles region to sustain and advance the economic growth and vitality of the Los Angeles region." (Draft EIS/EIR, volume 1, pg. 2-1) More specifically, the Draft EIS/EIR outlines three objectives which the Project needs to satisfy: (1) "to respond to the local and regional demand for air transportation during the period 2000 to 2015, taking into consideration the amount, type, location, and timing of such demand"; (2) "to ensure that new investments in airport capacity are efficient and cost-effective, maximizing the return on existing infrastructure capital"; and (3) "to sustain and advance the international trade component of the regional economy and the international commercial gateway role of Los Angeles."27 It is not clear, however, that the proposed runway improvements that form an integral part of Alternative C, the Preferred Alternative, constitute a superior, or even an efficient way to accomplish the Project's stated purposes. For example, all three of the Project's objectives could potentially be, at least partially, achieved through airspace/air traffic modifications, both within the terminal airspace and in the en route system. This alternative is neither acknowledged nor explored in the Draft EIS/EIR. Nevertheless, this conclusion is supported by the fact that the Dual Civet arrival configuration has reduced arrival delay for operations from the east significantly since 1998 and has resulted in an average time -savings of 4.4 minutes per Civet turbojet arrival aircraft. In fact, since the Dual Civet arrival procedures were implemented, there have been no national delay programs set up for the Airport, since delay has not been an issue. However, the Draft EIS/EIR does neither addresses nor incorporates the capacity or delay reduction efficiencies gained through this procedure in any of its modeling 28 27 Id. 28 Where the Master Plan does address air traffic procedures, it is in error. The Master Plan states that the Departure Sequencing Program (DSP), a program that provides the capability to sequence departures from Los Angeles basin airports, would enhance capacity at the Airport. (Master Plan, § 2.6.1.3, page II -2.137) However, the DSP program has been cancelled by the FAA due to a lack of benefit. Essentially, the Southern California TRACON consolidation effort occurred many years ago and the references to it in the Master Plan and the Draft EIS/EIR are outdated. Many innovations and changes in airspace and procedures at the TRACON over the past few years have occurred, and none are referenced or adequately considered in the Draft EIS/EIR. Basically, the Draft EIS/EIR does not address the changes in airspace design or the new routes that have been developed as a result of airspace enhancements in Southern California. Mr. Jim Ritchie Mr. David B. Kessler, AICP September 4, 2001 Page 42 Moreover, a closer examination of the Master Plan and the Draft EIS/EIR reveals that the Draft EIS/EIR may have ignored relatively inexpensive improvements in air traffic procedures in favor of very expensive, physical changes to the airfield. This is apparently because the Project's true purpose does not include the first two claimed in the Draft EIS/EIR, i.e., the broad ones of providing "sufficient airport capacity for passengers and freight in the Los Angeles region" (Draft EIS/EIR, Volume 1, page 2-1), in an "efficient and cost effective" way (Draft EIS/EIR, page 2-1). Instead, the Project's principal purpose is the narrow and singular one of accommodating "New Large Aircraft" ("NLA") that, with their long haul capabilities, would potentially serve the Airport in order to "sustain and advance the international trade component of the regional economy." (Draft EIS/EIR, page 2-1)29 This conclusion is substantiated by the fact that the current aircraft fleet does not require 12,000 feet of runway to take off. Even today's heavy aircraft such as the B-747-400 and the B- 777-400 only need 8,000 - 10,000 feet of runway for take -off and landing (under the weather conditions prevailing at the Airport). The Airport's existing runways are 8,295 -feet, 10,285 -feet, 12,091 -feet, and 11,096 -feet in length. Thus, even the shortest runway at the Airport can accommodate the heaviest and largest aircraft in the fleet under prevailing circumstances today. The result of the Draft EIS/EIR's failure to acknowledge the Project's primary purpose, i.e., to increase the proportion of super long-haul aircraft in the fleet, is a concomitant failure to analyze the full range and magnitude of environmental impacts that may arise from the desired change in fleet mix. While it is, as yet, early in the NLA development process, some technical facts about the aircraft are already known, sufficient to make at least some educated projections concerning its impact. For instance, ascertaining the projected climb rate will enable an estimate of whether the NLA can meet current airport noise abatement operational requirements; or whether those will have to be altered; or whether the NLA will, ultimately, overfly noise sensitive communities as lower (or higher) altitudes, resulting in higher (or lower) noise levels over those communities. Similarly, preliminary data concerning engine type and emissions characteristics would enable at least a preliminary analysis of the air quality impact of the NLA, as well as the GSE needed to support it, if different from those categories already in use. Finally, the Draft EIS/EIR should have included the capacity/delay impacts from the increased use of NLA. As the Draft EIS/EIR fails to model ground operations in detail, the delay impacts that 29 The Draft EIS/EIR comes close to admitting as much: "Development of NLA aircraft is driven by increasing demand and constrained international gateway airports around the world, including LAX ... Development of the NLA will allow these airports to continue to meet the growing demand for travel between primary trading partners. As one of the three major (and busiest) gateway airports in the nation, LAX would be one o_ f the first airports to be served by NLA." (Draft EIS/EIR, page 2-11) r Mr. Jim Ritchie Mr. David B. Kessler, AICP September 4, 2001 Page 43 may result are not considered in developing an accurate analysis of arrival and departure flows and the congestion which may ensue even after Project implementation. In summary, because the alternatives analysis is the "heart" of the NEPA process; because the Draft EIS/EIR fails to consider, or analyze, the impacts of eminently reasonable alternatives such as airspace changes to meet the Project's stated purposes; because Alternative C does not alone meet the Project's stated purposes; and because the most significant result of implementing Alternative C, the increased capacity to accommodate NLAs, remains unanalyzed from an environmental perspective, the Draft EIS/EIR's alternatives analysis is seriously flawed. THE DRAFT EIS/EIR DOES NOT ADEQUATELY SPECIFY MITIGATION MEASURES OR METHODS TO ENFORCE THEM. CEQA requires that agencies identify the environmental impacts of a project, and implement mitigation measures to lessen the adverse environmental impacts. (CEQA Guidelines §15002 (a)(3)). However, the Draft EIS/EIR fails to comply with CEQA by (1) failing to provide a complete list of mitigation measures, and (2) failing to specify, at a minimum, a Draft Mitigation Monitoring Program to inform the public of how the project proponents intend to ensure the implementation of mitigation measures. A. The Draft EIS/EIR Delays Disclosure of the Full List of Mitigation Measures • Until the Final EIS/EIR. CEQA Guidelines §15126.4(a)(1)(B) mandates that the "[f]ormulation of mitigation measures should not be deferred until some further time." While the Draft EIS/EIR acknowledges the existence of significant unmitigable impacts, it also states that, "A final package of design features, Master Plan Commitments, and Mitigation Measures will be developed ... The resulting Environmental Action Plan will be published in the Final EIS/EIR." (Draft EIS/EIR, Executive Summary, pg. ES -30) By deferring to the Final EIS/EIR to reveal the mitigation measures, the public's opportunity comment will have been attenuated. The SBCCOG, therefore, reserves the right to comment on items, including the Draft Conformity and Mitigation Monitoring Program that should have been included, but were omitted from the Draft EIS/EIR. Mr. Jim Ritchie Mr. David B. Kessler, AICP September 4, 2001 Page 44 B. The Draft EIS/EIR Fails to Provide a Draft Mitigation Monitoring Program. California Public Resources Code §21081.6 requires that a public agency "adopt a reporting or monitoring program for the changes made to the project or conditions of project approval, adopted in order to mitigate or avoid significant effects on the environment. The reporting or monitoring program shall be designed to ensure compliance during project implementation." (Cal. Pub. Resources Code §21081.6 (a)(1)). If an EIR "identifies one or more significant environmental effects of the project," CEQA Guidelines §15091(a) requires an agency to "make one or more written findings for each of those significant effects, accompanied by a brief explanation of the rationale for each finding." With these findings, the CEQA Guidelines mandate that "the agency shall also adopt a program for reporting on or monitoring the changes which it has either required in the project or made a condition of approval to avoid or substantially lessen significant environmental effects. These measures must be fully enforceable through permit conditions, agreements, or other measures." (CEQA §15091(d)) The Draft EIS/EIR violates CEQA Guidelines §1509(d) and California Public Resources Code § 21081.6 in that it fails to set forth a program that monitors or reports on each mitigation measure. Although the Draft EIS/EIR cites some mitigation measures to combat the environmental impacts of the Project, it makes no mention of the "permit conditions, agreements, or other measures" (CEQA Guidelines § 15091(d)) which would ensure compliance with mitigation measures. In other words, it does not specify the steps necessary to ensure compliance, the responsible party to ensure compliance, or the resulting consequences should compliance not occur. VII.` THE UNRELATED ISSUE OF "SAFETY" SHOULD NOT BE USED AS A SMOKESCREEN TO PUSH THE CAPACITY -DRIVEN DRAFT EIS/EIR FORWARD. In recent public statements, the FAA and LAWA have introduced the notion that because of its high number of runway incursions, the Airport is unsafe, and that the Project's "improvements" are critical to remedying the adverse safety conditions. Contrary to the FAA's contention, however, runway incursions are largely a function of pilot or air traffic controller error, not airport layout and design 3° 30 A pilot might enter a runway without proper authorization or clearance; a pilot is unfamiliar with an airport, does not hear an instruction, or fails to acknowledge an instruction to Mr. Jim Ritchie Mr. David B. Kessler, AICP September 4, 2001 Page 45 In fact, the Airport can eliminate runway incursions only if it builds runways with no entrances and no exits. However, simple solutions such as enhanced marking and lighting for runways, increased awareness and training for pilots and controllers, improvements in communications and procedures, and resolving management issues at the FAA31 -are all basic and available measures that should be implemented at the Airport. In addition, affordable incursion - reducing technologies currently available to the Airport such as the Airport Movement Area Safety System (presently in use at the San Francisco Intemational Airport), which uses radar to alert controllers to potential collisions, would minimize -the problem as well 32 In fact, even the FAA has even pressed the need forinstituting technological improvements at airports to combat the runway incursion issue.33 While recent incidents have made runway incursions a "hot button" in the eyes of the public, Congress, and aviation organizations, this recently surfaced "safety" issue cannot serve as justification for a project which otherwise fails to meet environmental standards. hold short of an active runway; a pilot, when approaching an active runway, crosses the hold line for that runway; a controller may clear an aircraft onto an active runway without ensuring that there are no other aircraft operating on that runway; the controller may fail to coordinate an aircraft crossing a runway with the controller who has the responsibility for approving all operations on that runway; a controller may clear an aircraft to cross a runway and the pilot may take an excessive amount of time crossing and may interfere with another aircraft; and the controller may fail to exercise the proper oversight of the operation and allow two aircraft to occupy an active runway resulting in a runway incursion. 31 Transportation Department Inspector General Kenneth M. Mead recently told a House subcommittee that the "FAA's director of runway safety has little authority over FAA employees who work on runway safety projects. Result: Almost every FAA runway safety project runs years late at more than double the anticipated cost, often failing to meet original expectations." The Washington Post Company, "Runway Alert", page A22, July 7, 2001. 32 "It's the first surface detection equipment that really gives an alert to the controller and allows the controller to prevent a collision." CNN, "Close Calls on Runways Alarm Aviation Experts", June 27, 2001. 33 The Director of the FAA's Runway Safety Office, Mr. Bill Davis, expressed that "he needs additional authority to coordinate and speed up technological improvements." The Washington Post Company, "Runway Alert", page A22, July 7, 2001. Mr. Jim Ritchie Mr. David B. Kessler, AICP September 4, 2001 Page 46 VII. CONCLUSIONS. Based on the above analyses, the SBCCOG concludes that the Draft EIS/EIR does not serve its most fundamental purpose as an "environmental alarm bell" to "alert the public and responsible officials to environmental changes before they have reached ecological points of no return." (See, e.g., County of Inyo v. Yorty, 32 Cal.App.3d 795, 810 (1993).) Among other things, the varying baselines, selectively applied to areas of potential impact so as to artificially diminish the apparent impacts of the Project; the virtual absence of any analysis of impacts south of the Airport; and the lack of consideration of imminently reasonable alternatives, including air traffic alternatives, to the expenditure of billions of dollars in what are ultimately only marginally effective airfield improvements, require substantial analytic revisions to the Draft EIS/EIR. The SBCCOG further concludes that, after those revisions are made, "significant new information" will emerge which will require that the Draft EIS/EIR be recirculated (Center Sensible Planning, Inc. v. Board of Supervisors, 122 Cal.App.3d 813, 822 (1981), so that the public, in general, and the SBCCOG and its members in particular, are not denied their statutorily mandated opportunity to test, assess and evaluate the new data and conclusions contained in the revised Draft EIS/EIR, and to make informed judgments as to their validity. The SBCCOG thanks LAWA for this opportunity to comment. Sincerely, CHEVALIER, ALLEN & LICHMAN, LLP By: atQa C2 tu.e.14,-erAAJ Consultant South Bay Cities Council of Governments September 6, 2001 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of September 11, 2001 ENCROACHMENT PERMIT 27m STREET AND OZONE COURT - JAY MITCHELL Recommendation: That the City Council approve the amended minutes of the meeting of June 12, 2001. Those minutes have been checked against the tape and amended (p. 10565) to be more accurate than the minutes approved on July 10, 2001. Background: The City Council reviewed the encroachment permit at the 6/12/01 meeting. The review was the result of a request by nearby residents to revoke the permit that had been granted to Mr. Mitchell, and concern about sight distance for drivers looking over the encroachment area. This is before you because the meeting minutes of 6/12/01 are not consistent with the motion that was made and approved. The motion was direction to staff to follow the recommendations of the traffic engineer and allow the encroachment to proceed. The minutes of the meeting need to be changed so that the action is consistent with the record. A copy of the revised minutes prepared by the City Clerk is attached. The fence being constructed under this encroachment permit is consistent with the recommendation of the traffic engineer. A copy of a memo from the traffic engineer is attached. The concern of the traffic engineer is that the triangle area be free of obstructions above 36 inches. The fence under construction meets the conditions set by the traffic engineer. This is consistent with the direction to staff to proceed with issuance of the permit following the traffic engineers recommendations. I have also attached the information that was distributed at the last meeting as well as an additional requests concerning the encroachment permit. These are attached for your information. Although, the evaluation of these letters is not the purpose of this report a few comments might be helpful concerning the attached materials. As you know, very often ideas discussed as part of an issue are not part of the final action. The only issue is the direction to staff. The fence, parking pad, etc. are all generally consistent with the drawing that has been presented at various times as this issue was considered. The encroachment permit meets the several requirements for its issuance. The area can not be counted for any land use entitlement. Any improvements must be removed at the applicants expense. Respe• lly ubmitted, Stephen R. Burrell City Manager • Coming forward to address the Council on this item were: Jay Mitchell - property owner, referred to his supplemental submittal; said he went through the process, submitted detailed drawings and the City approved his permit; suggested that he shorten the wall from 42 inches to 36 inches in the triangular area; and Barbara Mathieson - area resident, objected to giving public property for private use; said the City Traffic Engineer said there was a line of sight problem; said the permit would have been rejected by Public Works Department; said there were shrubs as well as a fence. Action: To direct staff to proceed with the issuance of the encroachment permit following the recommendations of the City Traffic Engineer on the construction of the wall made from redwood and stucco. Motion Mayor Bowler, second Oakes. The motion carried, noting the dissenting votes of Dunbabin and Edgerton. 8. CONSIDERATION OF SIMILAR USE PROVISION FOR C-3 ZONED PROPERTY. Memorandum from Community Development Director Sol Blumenfeld dated May 30, 2001. Community Development Director Blumenfeld presented the staff report and responded to Council questions. Action: To confirm that a bank with drive-thru teller is similar to other uses permitted in the C-3 zone and subject to a Conditional Use Permit pursuant to the requirements of Section 17.26.040 of the Zoning Code. Motion Reviczky, second Oakes. The motion carried by a unanimous vote. CERTIFICATION OF RESULTS OF SIGNATURE VERIFICATION OF AN INITIATIVE PETITION PROPOSING TO REPEAL CERTAIN MUNICIPAL CODE SECTIONS AND THEREBY ELIMINATE THE CITY'S UTILITY USERS TAX. Memorandum from City Clerk Elaine Doerfling dated May 22, 2001. City Clerk Doerfling presented the staff report and responded to Council questions. Action: To order a report pursuant to Section 9212 to be presented to the Council at its meeting of July 10, 2001. Motion Reviczky, second Oakes. The motion carried by a unanimous vote. 10. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER City Council Minutes .06-12-01 Page 10565 TO: FROM: SUBJECT: DATE: CITY OF HERMOSA BEACH INTEROFFICE MEMORANDUM HAROLD WILLIAMS, PUBLIC WORKS DIRECTOR RICHARD GARLAND, TRAFFIC ENGINEER INTERSECTION OF 27TH STREET AND OZONE COURT VISIBILITY CONSTRAINTS ASSOCIATED WITH PROPOSED FENCE AUGUST 14, 2001 With regard to the request from the adjacent property owner to construct a fence in the public right-of-way on the south side of 27t Street west of Ozone Court, I previously indicated that the fence should be positioned so that it would not encroach into a triangular area defined by the south edge of the sidewalk, the west edge of Ozone Court, and a line beginning at a point on Ozone Court 10 feet south of the 27th Street curb line and tapering back toward the sidewalk to the west. The objective of prohibiting the placement of a fence or any other feature in this triangular area was to maintain visibility to the west for drivers approaching 27th Street on northbound Ozone Court. As a clarification, I would like to indicate that it would be acceptable to construct a fence within this visibility triangle and/or along the south edge of the 27th Street sidewalk if the fence is restricted to a maximum height of 36 inches, because a fence of this height would not adversely affect visibility. It should also be clarified that if a 36 -inch -high fence were to be built adjacent to the sidewalk, the 36 -inch maximum allowable height would still apply to all other features located within the designated visibility triangle (structures, vegetation, vehicles, etc.) even though these features would be located south of the fence line. • MA AC,-E / CITY COUNCIL MINUTES 06-12-01 Pages 10564 -10565 7. ENCROACHMENT PERMIT AT 27TH STREET AND OZONE COURT: ACTION: TO DIRECT STAFF TO PROCEED WITH THE ISSUANCE OF THE ENCROACHMENT PERMIT WITH THE TRAFFIC ENGINEER'S RECOMMENDATION THAT THE FENCE BE LOCATED FIVE FEET FROM THE BACK OF THE SIDE- WALK AND ANGLED CLOSER TO THE SIDEWALK AS IT GOES WEST, FOLLOWING THE LINE OF THE STREET. CITY COUNCIL MEETING 08-28-01 REVOCATION OF ENCROACHMENT PERMIT 27TH STREET & OZONE COURT 1) What was build is NOT the action of the 06-12-01 City Council Meeting. 2) At the March Council Meeting, Oakes indicated one - parking spot, rest of the Council and the neighbors agreed to that. Two parking spots have been put in. 3) At that same meeting, Oakes indicated open corral -fencing, rest of the council and the neighbors also agreed. The type of fencing which was originally there. Blocks & pickets went in. 4) Also at that meeting, J.R. indicated "greencrete", the type of concrete in which greenery grew out of. -Neighbors agreed to that. A solid concrete pad was poured. 5) The neighbors were to review the plans before construction. This never happened. 6) Though originally the Traffic Engineer reported to the Public Works Director that 10' was needed to maintain visibility for drivers approaching 27TH STREET, a "gift" of 5' was given. On 08-03-01 the front wheel of a silver Toyota pick-up truck was 32" from the sidewalk. On 08-04-01 it was 38" from the sidewalk. On 08-09-01 it was 46" from the sidewalk. Then after the blocks were installed: 08-26-01 it was 40" from the wall & on 08-27-01 it was 37". 08/27/01 MON 09:04 FAT 310411111110 • CITY OF HERMOSA BEACH • CITY OF HERMOSA BEACH INTEROFFICE MEMORANDUM TO: FROM: SUBJECT: DATE: HAROLD WILLIAMS, PUBLIC WORKS DIRECTOR RICHARD GARLAND, TRAFFIC ENGINEER INTERSECTION OF 27TH STREET AND OZONE COURT VISIBILITY CONSTRAINTS ASSOCIATED WITH PROPOSED FENCE AUGUST 14, 2001 With regard to the request from the adjacent property owner to construct a fence in the public right-of-way on the south side of 27th Street west of Ozone Court, I previously indicated that the fence should be positioned so that it would not encroach into a triangular area defined by the south edge of the sidewalk, the west edge of Ozone Court, and a line beginning at a point on Ozone Court 10 fret south of the 27th Street curb line and tapering back toward the sidewalk to the west. The objective of prohibiting the placement of a fence or any other feature in this triangular area was to maintain visibility to the west for drivers approaching 27th Street on northbound Ozone Court. 10002 • • • • • Figure 1 Landscaping Plan for 2634 Manhattan Avenue, Hermosa Beach, CA April 9, 2001 t • • • • �• 7 • • 0 • • 0 • • • • 0 •• 0 • 0 • • 0 Grass •• 0 • • 0 103 feet 0 • 0 • i s 0 i 0 • 0 0 0 0 Ozone Court t-----24 feet -00.4- 30 feet Concrete Parking Pad 22 feet Garage • • Sidewalk • • • • • • • • • • • 27"1' Street • • ••• • • •• • •• • 4 - North 0 C Concrete Patio House ate Sidewalk L 100 feet Q Misc. Native Desert Plants Property Line 0 Shrub Wall/Fence (42 inches tall, see insert below) Redwood Picket ARM lb Immal MOMS Stucco Side View of Wall/Fence Manitattau Avenue Note: This entire drawing is only conceptual. It is not to scale; measurements are not exact; the quantity, placement. and size of plaids are approximate; the diagram of the wall/fence is not to scale. Juno e-mail printed Tue, 28 Aug 2000:29:01 , page 1 • From: Gary S Mammet <gmammet@juno.com> Retum-path: <gmammet©juno.com> To: cityclerk©hermosabch.org Cc: ronfelsing2©juno.com Date: Tue, 28 Aug 2001 13:03:48 -0700 Subject Encroachment permit at Ozone Court & 27th Street Message -ID: <20010828.130349.-267009.0.GMAMMET@juno.com> X -Status: Replied X -Mailer. Juno 4.0.11 To City Council Members, I support my neighbor Ron Felsing in his efforts to obtain the previously city council approved plan of a five foot fence setback at the above mentioned site. This is a traffic safety visibility issue. Gary Mammet 238 27th Street Hermosa Beach S Page 1 of 2 From: Gmlmnop@aol.com <Gmlmnop@aol.com> To: doerfling@hermosabch.org <doerfling@hermosabch.org>; Iikerd@earthlink.net <Iikerd@earthlink.net>; GMAMMET@juno.com <GMAMMET@juno.com>; ronfelsing2@juno.com <ronfelsing2@juno.com>; sburrell@hermosabch.org <sburrell@hermosabch.org>; KHDun@aol.com <KHDun@aol.com>; Samedgerton@aol.com <Samedgerton@aol.com>; oakes@mlinet.com <oakes@mlinet.com>; jlbowler@hotmail.com <jlbowler@hotmail.com>; JBRHBCC@aol.com <JBRHBCC@aol.com> Cc: Cavell@aol.com <Cavell@aol.com>; gymfloor@stans.net <gymfloor@stans.net> Date: Tuesday, September 04, 2001 10:37 AM Subject: Re: Encroachment - 27th & Ozone Please agendize this request to clarify the municipal code and interpretation of the requirements for an encroachment permit. The code states that encroachments must be easily removable. Jay Mitchell's concrete parking lot and concrete block fence hardly meet that requirement. Please clarify. The code states that encroachments must not materially alter the character of open space. Mr. Mitchell's parking lot alters the character of the space. Please clarify. The code states that neighboring views cannot be impacted. Our view is impacted. Please clarify. Perhaps these issues can be put to rest by clarifying exactly what are Mr. Mitchell's obligations and requirements. Thank you. Barbara Mathieson The council voted that a 5' visibility area must remain open for safety's sake. Mr. Mitchell built his wall without regard to that vote. Please clarify. I would appreciate it if the Council would address, in advance, the issue of open space requirement as Mr. Mitchell plans on remodeling his rental. The code states that no encroachment is allowed to count toward open space requirements. Mr. Mitchell's ability to navigate around the code doesn't inspire confidence in the City's ability to enforce the code. Please clarify. Mayor Bowler and J.R. argued that the reason for granting the encroachment permit was to get two cars off the street. Mr. Mitchell's private parking lot was half empty over the Memorial Day holiday while his "cousin" with the old green car parked in the public space on Ozone. No guests parked in his private parking lot. It sat empty. Ms.Oakes originally told me that any person could park in the private parking lot. Since he has been granted this parking lot, shouldn't he have to park in it? May we park on his private lot if he parks on Ozone? Please clarify exactly how far the city will go in granting Mr.Mitchell's rights the rest of us do not have. My son could not park near our home at 2:00 A.M. because Mitchell's "cousin" chose not to park 9/6/01 private parking lot. Can my son park in the empty parking lot if the green car is parked on Ozone or another public street? Please clarify. 9/6/01 Page 2 of 2 The Roth & Roth Team Presents.... 2634 Manhattan Avenue • Hermosa Beach iferl110sa 1pack DPIA OAfl Giet,is Front unit . Spacious and bright 2 bedroom, 1 bath . Large living room with fireplace . Open and bright kitchen with breakfast counter & dining area . Separate laundry room . Private enclosed backyard Back unit . Charming 1 bedroom, 1 bath . Ocean views . Living room with fireplace . Dining area . Large open and bright kitchen . Attached 2 car garage . One block to beach Total living area: approx. 1,658 Square feet Lot size: approx. 30' x 100' OWE $525.000 Mike and Olivia Roth ROTH & ROTH 'Working Twice As Hard For You" (310) 376-8871 x105 (24 Hours) www rothrealestale. coin �►1 snaKEWOOD moors tlon deemed from nibble roost hi not ouoioraeea Bums b ielv on net iepapirg k size as] alum roaape. For next council meeting 09-05-01 Council: • Here's a copy of what the open -corral fencing had looked like at OZONE COURT and 27TH STREET, which Oakes brought up at the March meeting which should have been put in and what the neighbor citizens agreed upon. I have no clue on why it was removed by Jay Mitchell at all. Also note the tropical plants that used to be on the property and it was green ice plants at the back. That were removed by the homeowner. The "park like" looks was pleasing to the eyes as opposed to a concrete parking pad & 2 automobiles. I believe this particular encroachment did alter the characteristics of the former property. Look at the previous picture yourself and compare it to what is there presently. A new construction of a parking pad was installed. Is this within the city code of proper turning radius? If not, it is in violation of city codes. Ron Felsing ronfelsing2@juno.com • September 6, 2001 Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of September 11, 2001 AGREEMENT FOR SOLID WASTE AND RECYCLABLES COLLECTION, PROCESSING AND DISPOSAL SERVICES Recommendation: 1. That the City Council approve the agreement to provide Solid Waste and Recycables Collection, Processing and Disposal Services with Consolidated Disposal Services, a subsidiary of Republic Services, Inc., effective October 1, 2001 and continuing through September 30, 2008. 2. That the City Council determine the implementation approach, public information and public hearing process. Backeround: The City initiated the solid waste procurement process in April 2001 with the approval of the Request for Proposals and draft contract by the City Council. Notices were sent to firms that were in this business and those that had requested to be on the City's procurement list. A total of six (6) proposals were returned by the deadline. City staff and an outside consultant, Solid Waste Solutions, reviewed all, six (6) proposals. Following the review and evaluation of each of the proposals, four (4) companies with the most complete proposals were invited to participate in an interview/evaluation of their proposal with the City's team. The results of the interview/evaluation were that the City had received good proposals all of the companies. The best proposal with all issues considered was Consolidated Disposal Services. Consolidated Disposal Services was selected as the company to enter into negotiations with as they provided best overall opportunity to reach an agreement meeting all of the City's interests at the best price for service. Consolidated Disposal Services L.L.C. is a wholly owned subsidiary of Republic Services, Inc. Republic Services Inc. is the 3`d largest solid waste company in the nation. In Los Angeles County, Consolidated Disposal Services operates 24 exclusive municipal franchise contracts as well as a number of non-exclusive franchise contracts. A listing of the cities that they serve is attached. The proposed agreement is attached for your review and approval. The agreement is proposed to be effective October 1, 2001 and will run through September 30, 2008. The agreement also includes an option for a 3 year extension if both sides agree. The initial rates will also be good through December 31, 2003. Exhibit B in the proposed agreement sets forth the rates for service. The initial rate for residential service will be $9.78 per month for the same service as is provided now. The present rate is $10.30 per month. The cart service rates will be as follows: 35 gallon, $8.78 per month; 65 gallon $9.78 per month; and 95 gallon, $10.78 per month. The RFP required each of the companies to propose service on two basic options. One of the options included the use of company provided carts for both recycling and trash. The second option was to continue to provide service as we have done with unlimited number of cans 6d i• provided by the residents. Both options provided for a larger recycling cart at either 35 or 65 gallons based on the choice of the resident. The RFP further provided for a transition period from one company to the other, for the procurement of the carts and to provide a chance for residents to make their choices on the size of carts that they need. The cart option also provides for variable pricing based on the size of the cart selected. It was expected that the cart option could be implemented on April 1, 2002. As you know this is not a fully automated system. Our narrow streets, parked cars, etc. do not allow for the use of that type of equipment. This would be a semi -automated system that would be operated from two person rear loader trucks. An option that the City Council has is to choose to continue the existing system of collection. A price ($9.78 per month) for this was provided in the RFP. The only change then would be that a new recycling cart would be distributed to each customer. An alternative that the City Council may wish to consider is to set up a phased approach to the change over by starting the manual collection and in January, following a public information effort, have a public hearing on the cart system. This would provide an opportunity for the public to comment on the program before a final decision is made on the implementation of the cart system. If there were not any interest in the carts; then we would simply continue with the existing system. If we then decide to use the cart system, it could be implemented by July 1, 2002. As you know, the RFP was very detailed in order to ensure that the •residents and business community receives the service that it has come to expect. CDS will provide all of the services spelled out in the contract, which includes all of the services provided by BFI. CDS is very aware of the space limitations of many areas, so a number of options are being offered to accommodate everyone. Recycling will continue as it does now. Two additional recycling containers will be provided by the company, one is 35 gallon and one 65 gallon depending on the customer needs. There is an optional green waste program available for residents that are interested. The large item pickups will continue. CDS will also work with city staff in developing a long-term solution to the common trash facility in the downtown area including the use of compactor. City staff will work on an alternative program for disposal of Household Hazardous Waste under a separate contract with a specialist in this field; as a result, CDS will not be responsible for this program. City residents will continue to have access to the County sponsored Household Hazardous Waste Roundups held each Saturday. Respectfully submitted, 44.• ,�► a. ,..y Step en R. Burrell City Manager Attachments: Proposed Agreement List of cities served by CDS RFP Review: Residential Rates RFP Review: Commercial Rates Current BFI rates Household Hazardous Waste Round -up locations for 2000 & 2001 AGREEMENT FOR SOLID WASTE AND RECYCLABLES COLLECTION, PROCESSING, AND DISPOSAL SERVICES BETWEEN THE CITY OF HERMOSA BEACH, a California municipal corporation AND REPUBLIC SERVICES INC., a Delaware corporation through its wholly owned subsidiary, CONSOLIDATED DISPOSAL SERVICE, a California Limited Liability Company 11245\0002\667403.1 Draft 8/31/01 Table of Contents Section Page ARTICLE 1 DEFINITIONS 1.1 DEFINITIONS 3 3 ARTICLE 2 PARTIES; EXCLUSIVE RIGHTS; TERM OF AGREEMENT 6 2.1 PARTIES TO THE AGREEMENT 6 2.2 REPRESENTATIVES OF PARTIES AND SERVICE OF NOTICES 6 2.3 GRANT OF EXCLUSIVE RIGHTS; CERTAIN NON-EXCLUSIVE RIGHTS 7 2.4 TERM OF AGREEMENT AND EFFECTIVE DATE 8 2.5 REPRESENTATIONS AND WARRANTIES OF COLLECTOR 9 2.6 TRANSITION TO AUTOMATED RESIDENTIAL COLLECTIONError! 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ARTICLE 3 SCOPE OF SERVICES 11 3.1 GENERAL 11 3.2 COMPLIANCE WITH APPLICABLE LAW, RULES AND REGULATIONS 11 3.3 COLLECTION FROM RESIDENTIAL PREMISES 11 3.4 CONTAINERS FOR RESIDENTIAL PREMISES 12 3.5 WHEEL -OUT SERVICE 14 3.6 RESIDENTIAL CLEANUP PROGRAM 14 3.7 HOLIDAY TREE RECYCLING 14 3.8 COMMERCIAL/INDUSTRIAL SERVICE 15 3.9 CITY FACILITIES 15 3.10 CONSTRUCTION AND DEMOLITION WASTE; DIVERSION 15 3.11 HAZARDOUS WASTE NOTIFICATIONS AND PROCEDURES 16 3.12 DISPOSAL AND PROCESSING FACILITIES 17 3.13 TITLE TO SOLID WASTE AND RECYCLABLES 18 3.14 PUBLIC EDUCATION 18 3.15 PUBLIC ACCESS TO COLLECTOR 19 3.16 SERVICE COMPLAINTS AND RESPONSE 20 3.17 REPORT ACCUMULATION OF SOLID WASTE; UNAUTHORIZED DUMPING 20 3.18 PRIVACY 21 3.19 CHANGE IN OPERATIONS/ADMINISTRATION OR SCHEDULE 21 3.20 MODIFICATION OR CHANGE OF COLLECTION SERVICES; NEW SERVICES 21 ARTICLE 4 ROLLOUT OF AUTOMATED SERVICES; IMPLEMENTATION PLANS 22 4.1 ROLLOUT PERIOD 22 4.2 PUBLIC EDUCATION AND INFORMATION PLAN 23 4.3 PUBLIC EDUCATION AND INFORMATION PLANError! 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ARTICLE 5 INDEMNIFICATION; INSURANCE; BONDS 23 5.1 INDEMNIFICATION 23 5.2 INSURANCE 25 5.3 FAITHFUL PERFORMANCE BOND 28 ARTICLE 6 COMPENSATION AND RATES AND RATES 29 6.1 RATES 29 6.2 ANNUAL ADJUSTMENT OF RATES 29 6.3 SPECIAL RATE REVIEW 29 6.4 RESOLUTION OF DISPUTES REGARDING SPECIAL RATE REVIEWS 30 6.5 RATES FOR MODIFIED OR ADDITIONAL SERVICES 31 6.6 NOTICE OF RATE INCREASES 31 ARTICLE 7 BILLING, COLLECTION AND REMITTANCE; COLLECTOR FEE 31 7.1 BILLING 31 7.2 COLLECTOR FEE 32 7.3 COLLECTOR BILLING STATEMENT AND REMITTANCE 32 7.4 DISPUTES REGARDING REMITTANCES 33 7.5 DELINQUENT ACCOUNTS 34 ARTICLE 8 FINANCIAL RECORD KEEPING AND REPORTING REQUIREMENTS 35 8.1 ACCOUNTING AND RECORDS 35 8.2 RIGHT TO INSPECT RECORDS 35 8.3 ANNUAL REPORTS 35 8.4 ANNUAL AUDIT OF BILLINGS 36 ARTICLE 9 OTHER RECORD KEEPING AND REPORTING REQUIREMENTS 36 9.1 RECORD KEEPING 36 9.2 ROUTE AUDITS 37 9.3 MONTHLY DOCUMENTS 37 9.4 QUARTERLY REPORTING 37 9.5 ANNUAL REPORTING 39 9.6 ADVERSE INFORMATION 39 9.7 ADDITIONAL REPORTING 40 9.8 OTHER RELATED REQUIREMENTS 40 9.9 INSPECTION BY CITY 40 9.10 PERIODIC REVIEW 41 9.11 PERFORMANCE REVIEW 41 ARTICLE 10 BREACH AND TERMINATION 42 10.1 DEFAULT; NOTICE 42 11245\0002\667403.1 -li- Draft 8/31/01 10.2 NOTICE; RESPONSE; RESOLUTION; APPEAL 43 10.3 TERMINATION FOR CAUSE 45 10.4 LIQUIDATED DAMAGES 46 10.5 INSTITUTION OF LEGAL ACTIONS 49 10.6 CUMULATIVE RIGHTS 49 10.7 ENFORCED DELAY; EXTENSION OF TIME OF PERFORMANCE 50 10.8 RIGHT TO DEMAND ASSURANCES OF PERFORMANCE 51 10.9 CITY'S RIGHT TO PERFORM UPON DEFAULT 51 ARTICLE 11 ASSIGNMENT 52 11.1 ASSIGNMENT OF AGREEMENT 53 11.2 TRANSFER OF STOCK OR INTEREST 53 11.3 BANKRUPTCY 53 11.4 REQUIREMENTS OF COLLECTOR 53 11.5 APPLICATION AND TRANSFER FEE 54 11.6 TRANSITION 54 ARTICLE 12 MISCELLANEOUS PROVISIONS 54 12.1 INDEPENDENT CONTRACTOR 54 12.2 FEES AND GRATUITIES 55 12.3 GOVERNING LAW 55 12.4 ATTORNEYS' FEES 55 12.5 SUBCONTRACTING 55 12.6 AGREEMENT AS COLLATERAL 56 12.7 BINDING ON SUCCESSORS 56 12.8 TRANSITION TO THE NEXT COLLECTOR 56 12.9 PARTIES IN INTEREST 56 12.10 WAIVER 56 12.11 CONDEMNATION 56 12.12 ENTIRE AGREEMENT 56 12.13 CAPTIONS 57 12.14 REFERENCES TO LAWS 57 12.15 REFERENCE TO DAYS 57 12.16 INTERPRETATION 57 12.17 AMENDMENT 57 12.18 SEVERABILITY 57 12.19 COUNTERPARTS 58 12.20 EXHIBITS 58 11245\0002\667403.1 -iii- Draft 8/31/01 l• — EXHIBITS A List of Residential Recyclables B Schedule of Approved Rates C Performance Standards 11245\0002\667403.1 -iv- Draft 8/31/01 AGREEMENT THIS AGREEMENT FOR SOLID WASTE AND RECYCLABLES COLLECTION, PROCESSING, AND DISPOSAL SERVICES ("Agreement") is entered into as of the day of September, 2001, by and between the CITY OF HERMOSA BEACH, a California municipal corporation, organized and existing under the laws of the State of California ("City") and REPUBLIC SERVICES INC. a Delaware corporation, through its wholly owned subsidiary, CONSOLIDATED DISPOSAL SERVICE, a California limited liability company ("Collector"), as follows: RECITALS This Agreement is entered into on the basis of the followings facts, understandings, and intentions of the parties: A. The Legislature of the State of California, by enactment of the California Integrated. Waste Management Act of 1989 (Public Resources Code Section 49100, et seq.; hereinafter the "Act") established a solid waste management process which requires cities and other local jurisdictions to implement source reduction, reuse, and recycling as integrated waste management practices; and B. The Act authorizes and requires local agencies to make adequate provisions for Solid Waste handling within their jurisdictions; and C. The City Council has enacted Chapter 8.12 of the Hermosa Beach City Code, which establishes standards for the Collection and removal of Solid Waste and Recyclables, the Disposal of Solid Waste, the Recycling of Recyclables, and requirements for Collection Agreements; and D. Pursuant to Sections 49300 and 49500-49523 of the Act, City is authorized to enter into an exclusive agreement for the Collection and Disposal of Solid Waste; and E. Collector and City desire to implement a new, automated system of Solid Waste (including Green Waste) and Recyclables Collection in the City, to more efficiently provide for the Collection of such materials, and to facilitate achievement of City's obligations pursuant to the Act; and F. Pursuant to this Agreement, City desires to engage Collector as an independent contractor to exclusively provide automated Solid Waste, Green Waste and Recyclables 11245\0002\667403.1 1 Draft 8/31/01 Collection Services in the City. Collector shall furnish all personnel, equipment, and supplies necessary to collect, or otherwise remove and dispose of all Solid Waste, Green Waste and Recyclables, as defined herein, generated or accumulated at all Residential and Commercial/Industrial Premises within the City, except as otherwise specifically provided herein; and G. Collector has represented and warranted to City that it has the experience, responsibility, and qualifications to implement the Collection of Solid Waste and Recyclables, and to arrange with residents and other entities in the City for the Collection, safe transport, Processing, and Disposal of all materials in compliance with applicable laws; and H. City and Collector are mindful of the provisions of the laws governing the safe Collection, transport, Recycling, and Disposal of Solid Waste, including the Act, RCRA, and CERCLA; and I. City and Collector desire to leave no doubts as to their respective roles and to make it clear that by entering into this Agreement, City is not thereby becoming a "generator" or "arranger" as those terms are used in the context of CERCLA Section 107 (a) (3), and that it is Collector, not City, which is "arranging for" the Collection of Solid Waste, Green Waste and Recyclables from Residential and Commercial/Industrial Premises in the City, and transporting of same for Disposal, Recycling of Recyclables, and Processing of Green Waste; and J. As a material inducement to City entering into this Agreement, Collector has agreed to fully indemnify City against all claims, losses, lawsuits or actions relating to any Hazardous Waste at any place where Collector transfers, stores, processes, or disposes of Solid Waste, Green Waste or Recyclables pursuant to this Agreement, or its activities pursuant to this Agreement that result in a release of hazardous substances into the environment. NOW, THEREFORE, in consideration of the mutual covenants and conditions herein contained, the parties agree to as follows: 11245\0002\667403.1 -2- Draft 8/31/01 ARTICLE 1 DEFINITIONS 1.1 DEFINITIONS Whenever any term used in this Agreement has been defined by Section 8.12.010 of Chapter 8.12 of the Hermosa Beach City Code, the definitions in Section 8.12.010 shall apply unless the term is otherwise defined in this Agreement. Whenever any term used in this Agreement has been defined by Division 30, Part 1, Chapter 2 of the California Public Resources Code, the definitions in Division 30, Part 1, Chapter 2 shall apply, unless the term is otherwise defined in this Agreement or in Chapter 8.12 of the City Code. In addition, the following definitions are hereby incorporated into this Agreement: 1.1.1 "Act" shall have the meaning set forth in the first recital of this Agreement. 1.1.2 "Applicable Law" shall mean all laws, regulations, rules, orders, judgments, decrees, permits, approvals, or other requirement of any governmental agency having jurisdiction over the Collection and disposition of Solid Waste and Recyclables that are in force on the Effective Date and as they may be enacted, issued or amended during the Term. 1.1.3 "CERCLA" means the Comprehensive Environmental Responsibility Compensation and Liability Act, 42 U.S.C.A. Section 9601 et seq., as amended or superseded, and the regulations promulgated thereunder. 1.1.4 "Change in Law" means any of the following events or conditions, which has a material and adverse effect on the performance by the parties of their respective obligations under this Agreement (except for payment obligations): (a) the enactment, adoption, promulgation, issuance, modification, or written change in administrative or judicial interpretation of any Applicable Law on or after the date of this Agreement; or (b) the order or judgment of any governmental body, on or after the date of this Agreement, to the extent such order or judgment is not the result of willful or negligent action, error or omission or lack of reasonable diligence of City or of Collector, whichever is asserting the occurrence of a Change in Law; provided, however, that the contesting in good faith or the failure in good faith to contest any such order or judgment shall not constitute or be construed as such a willful or negligent action, error or omission or lack of reasonable diligence. 11245\0002\667403.1 -3- Draft 8/31/01 1.1.5 "City Code" shall mean the Code of the City of Hermosa Beach, California, as it presently exists or may subsequently be amended. 1.1.6 "City Facility" shall mean: City Hall, Civic Center Complex, Corporation Yard, all Fire Stations, City parks, rights of way, and any other facility or real property used primarily by the City that may be constructed, acquired or leased during the Term. 1.1.7 "CIWMB" shall mean the California Integrated Waste Management Board. 1.1.8 "Collection Services" shall mean all of the duties and obligations of Collector hereunder. - 1.1.9 "Consumer Price Index" or "CPI" shall mean the Consumer Price Index CPI All Urban Consumers for the Los Angeles Metropolitan Area, base period 1982-84=100. 1.1.10 "Control" shall mean, for purposes of this Agreement, the possession, direct or indirect, of the power to direct or cause the direction of the management and policies of a corporation, partnership, joint venture, or other association. 1.1.11 "Designated Disposal Site" means the Solid Waste Disposal facility designated by Collector pursuant to Section 3.12.1, subject to City's right to disapprove the designation pursuant to that Section, for the Disposal of Solid Waste collected pursuant to this Agreement. 1.1.12 "Designated Green Waste Facility" means the Green Waste Processing facility designated by Collector pursuant to Section 3.12.3, subject to City's right to disapprove the designation pursuant to that Section, for the Processing of Green Waste collected pursuant to this Agreement. 1.1.13 "Designated Recycling Facility" means the Recycling Processing facility designated by Collector pursuant to Section 3.12.2, subject to City's right to disapprove the designation pursuant to that Section, for the Processing of Recyclables collected pursuant to this Agreement. 1.1.14 "Diversion" means diversion as defined in Public Resources Code §40124. 1.1.15 "Diversion Rate" means the percent of Solid Waste diverted from Disposal. 1.1.16 "Effective Date" means October 1, 2001, or as soon thereafter as the Conditions Precedent set forth in Section 2.6 have been satisfied. 1.1.17 "Environmental Statutes" means, for the purposes of this Agreement, 42 U.S.C. Sections 6901, et seq. and Sections 9600, et seq., and California Health and Safety Code Sections 25300, et seq., or successor statutes. 11245\0002\667403.1 -4- Draft 8/31/01 1.1.18 "Gross Rate Revenues" means all Rate revenues collected by Collector for providing the Collection Services as set forth in Article 3. • 1.1.19 "Monthly Remittance" means the monthly payment made to City by Collector pursuant to Section 7.3. 1.1.20 "Multi -unit Residences" means a multiple dwelling containing five or more dwelling units. 1.1.21 "Owner" means the person holding the legal title or having a right to possession to the real property to which Collection Services are provided. 1.1.22 "Rates" means the service charges and Special Charges for Collection Services billed and collected by Collector from each Subscriber receiving service under this Agreement. 1.1.23 "Recycling Revenues" means all revenues resulting from the sale of Recyclables collected through provision of Collection Services. Recycling Revenues also includes any reimbursements from the State for California Redemption Value materials, and any Department of Conservation reimbursement for curbside Recyclables Collection pursuant to Public Resources Code Section 14549.6(a). 1.1.24 "Related Party" means any other Person under the same ownership and/or Control as Republic Service Inc. 1.1.25 "Residue" means materials that remain after Processing Recyclables and Green Waste, which cannot be Recycled, marketed, or otherwise utilized, including but not limited to materials such as rocks, contaminated paper, putrescible waste, and other debris. 1.1.26 "Rollout Period" shall mean the period between the Effective Date and or such earlier date, or with the prior written approval of the City Manager, later date, when the automated Collection Services required by this Agreement are provided to Residential Premises throughout the City. 1.1.27 "Schedule of Approved Base Rates" shall mean Exhibit B. 1.1.28 "Special Charges" are specific service -related residential and commercial charges that are contained on Exhibit B, and that may be billed by Collector. 1.1.29 "Special Rate Review" means the Rate adjustment process described in Section 6.4 of this Agreement. 1.1.30 "State" means the State of California. 11245\0002\667403.1 -5- Draft 8/31/01 1.1.31 "Street Sweeping Fines" means material collected as a result of street sweeping operations. 1.1.32 "Subscriber" means an individual or entity that subscribes to Collection Services provided by Collector pursuant to this Agreement. 1.1.33 "Substantial Evidence" means such evidence as would convince a reasonable person and on which reasonable persons may not reasonably differ as to the conclusion to be drawn from such evidence. 1.1.34 "Term" means the term of this Agreement, as set forth in Section 2.4. 1.1.35 "Tipping Fee" means the fee charged by a Disposal or Processing facility to dispose or process one (1) Ton of waste, not including any Special Charges for Special Wastes or Bulky Waste. 1.1.36 "Ton" means a "short ton" of 2,000 pounds. ARTICLE 2 PARTIES; EXCLUSIVE RIGHTS; TERM OF AGREEMENT 2.1 PARTIES TO THE AGREEMENT. The parties to this Agreement are: 2.1.1 City: The City of Hermosa Beach, a municipal corporation, having its principal office at , Hermosa Beach, California 2.1.2 Collector: Republic Services Inc. a Delaware corporation, through its wholly owned subsidiary, Consolidated Disposal Service, a California limited liability company, having its principal place of business at 12949 Telegraph Road, Santa Fe Springs, California 90670. 2.2 REPRESENTATIVES OF PARTIES AND SERVICE OF NOTICES The representatives of the parties who are primarily responsible for the administration of this Agreement, and to whom formal notices, demands and communications shall be given, are as follows: 11245\0002\667403.1 -6- Draft 8/31/01 2.2.1 The principal representative of City shall be: Mr. Steve Burrell, City Manager Hermosa Beach, California Telephone No.: Fax No.: 2.2.2 The principal representative of Collector shall be: Mr. Paul Kachirsky General Manager Consolidated Disposal Service 12949 Telegraph Road Santa Fe Springs, California 90670 Telephone No.: Fax No.: 2.2.3 Formal notices, demands, and communications to be given hereunder by either party shall be made in writing and shall be effective upon the date of personal delivery or, in the case of mailing, on the date of delivery or attempted delivery as shown on the U.S. Postal Service certified mail return receipt. - • 2.2.4 If the name of the principal representative designated to receive the notices, demands, or communications, or the address of such person, is changed, written notice shall be given to the other party within five (5) working days of the change. 2.3 GRANT OF EXCLUSIVE RIGHTS 2.3.1 Subject to the terms and conditions of this Agreement and applicable State laws, and to the rights of State, county and school district facilities to use a Solid Waste Enterprise other than Collector, City hereby grants and issues to Collector the exclusive authority, right and privilege to collect, transport, process, and dispose of all Solid Waste and Recyclables, generated or accumulated by all residential and commercial users or Subscribers within the City, for the Term unless earlier terminated as provided herein. 2.3.2 Collector accepts the terms of this Agreement as defining the scope of its exclusive rights to provide Solid Waste and Recyclables Collection, Processing and Disposal services in the City. 2.3.3 As a material inducement to City to enter into this Agreement, Collector hereby waives any right it may possess to contest the legal right, power or the authority of City to enter 11245\0002\667403.1 -7- Draft 8/31/01 into and perform this Agreement, or any provision hereof, and agrees to cooperate with and assist City in supporting the legal validity of and authorization for such provisions in the event of any legal challenge thereto brought or made in any manner by a third party. 2.4 TERM OF AGREEMENT AND EFFECTIVE DATE 2.4.1 The term of this Agreement shall commence on the Effective Date, and continue in force for a period of seven (7) years, and shall expire at midnight on September 30, 2008. Notwithstanding the foregoing, the unexcused failure or refusal of Collector to perform any material term, covenant, obligation or condition contained in this Agreement shall give rise to the right, in favor of City, to terminate this Agreement for cause in accordance with the procedures elsewhere contained herein. - 2.4.2 The Term may be extended for a period of up to three. (3) years, upon written agreement by the parties and approval of the City Council. 2.4.3 This Agreement shall not become effective and City shall not be obligated to perform the undertakings provided for in this Agreement unless and until each and all of the conditions set out below are satisfied, or waived in written form by the City Manager Waiver of any of the following as a condition to the effectiveness of this Agreement will not preclude City from pursuing any claim for breach of this Agreement. In the sole and absolute discretion of the City Manager, this Agreement shall expire and be of no further force or effect, without the need for notice pursuant to Section 10.1, if the conditions precedent set forth below are not satisfied on or before September 28, 2001. (a) The representations and warranties made by Collector in Section 2.3 of this Agreement are true and correct on and. as of the Effective Date. (b) There is no litigation pending on the Effective Date in any court challenging the award or execution of this Agreement or seeking to restrain or enjoin its performance. (c) Collector shall have submitted, to the satisfaction of the City Manager: (a) endorsements of insurance coverage pursuant to Section 5.2; and (b) the faithful performance bond pursuant to Section 5.3. (d) Collector shall have paid to City the sum of $ [ACTUAL AMOUNT INCURRED] to defray consultant and legal expenses incurred by City related to the negotiation and drafting of this Agreement. (e) Collector shall have delivered to City evidence satisfactory to the City Manager that Collector has the authority to provide, or has arranged for, the Disposal and 11245\0002\667403.1 -8- Draft 8/31/01 Processing rights at the Designated Landfill, Designated Recycling Facility, and Designated Greenwaste Facility. 2.5 REPRESENTATIONS AND WARRANTIES OF COLLECTOR Collector hereby covenants, represents, and warrants the following to City for the purpose of inducing City to enter into this Agreement and to consummate the transaction contemplated hereby, all of which shall be true as of the date of this Agreement and as of the Effective Date: (a) Republic Service Inc. is duly organized and validly existing as a corporation under the laws of the State of Delaware, with full legal right and power to enter into and perform its obligations under this Agreement. (b) Consolidated Disposal Service is wholly owned by Republic Service Inc., and is duly organized and validly existing as a limited liability company under the laws of the State of California, with full legal right and power to enter into and perform its obligations under this Agreement. (c) Collector has the authority to enter into and perform its obligations under this Agreement. Collector or its authorized representative has taken all actions required by law and its governing documents to authorize the execution of this Agreement. The persons signing this Agreement on behalf of Collector warrant and represent that they have authority to do so. This Agreement constitutes the legal, valid and binding obligation of Collector. (d) Neither the execution of this Agreement -nor the delivery by Collector of Collection Services nor the performance by Collector of its obligations hereunder: (1) conflicts with, violates or results in a breach of Applicable Law; (2) conflicts with, violates or results in a breach of any term or condition of any judgment, decree, agreement (including, without limitation, the certificate of incorporation of Collector) or instrument to which Collector is a party or by which Collector or any of its properties or assets are bound, or constitutes a default under any such judgment, decree, agreement or instrument; or (3) will result in the creation or imposition of any encumbrance of any nature whatsoever upon any of the properties or assets of Collector. (e) There is no action, suit or other proceeding as of the date of this Agreement, at law or in equity, or to the best of Collector's knowledge, any investigation, before or by any court or governmental authority, pending or threatened against Collector or which is likely to result in an unfavorable decision, ruling or finding which would materially and adversely affect the validity or enforceability of this Agreement or any such agreement or instrument entered into 11245\0002\667403.1 -9- Draft 8/31/01 4- • • by Collector in connection with the transactions contemplated hereby, or which could materially and adversely affect the ability of Collector to perform its obligations hereunder or which would have a material adverse effect on the financial condition of Collector. (0 Collector has no knowledge of any Applicable Law in effect as of the date of this Agreement that would prohibit the performance by Collector of this Agreement and the transactions contemplated hereby. (g) Collector has made an independent investigation, satisfactory to it, of the conditions and circumstances surrounding this Agreement and the work to be performed by it, and is satisfied that those conditions and circumstances will not impair its ability to perform the work and provide the Collection Services required by this Agreement. (h) The information supplied by Collector in all submittals made in connection with negotiation and execution of this Agreement, including all materials in Exhibits of this Agreement, and all representations and warranties made by Collector throughout this Agreement are true, accurate, correct and complete in all material respects on and as of the Effective Date of this Agreement. (i) Collector's representative, designated in Section 2.2.2, shall have authority in all daily operational matters related to this Agreement. City may rely upon action taken by such designated representative as action of Collector unless the actions taken are not within the scope of this Agreement. (j) The Collection Services required by this Agreement will be provided throughout the City in accordance with the schedule set forth in section 4.1. (k) The Designated Disposal Site is properly permitted by the Regional Water Quality Control Board and the CIWMB/Local Enforcement Agency, is classified as a Class 3 landfill (permitted to receive municipal solid waste), complies with all Applicable Laws, is not on or being considered for inclusion on a state or federal Superfund list, or CIWMB list of solid waste facilities failing to meet State minimum standards, has sufficient capacity to accept all Solid Waste collected from within the City during the Term, and that it will in fact accept all Solid Waste collected from within the City during the Term. 11245\0002\667403.1 -10- Draft 8/31/01 ARTICLE 3 SCOPE OF SERVICES 3.1 GENERAL Collector shall collect all Solid Waste (including Green Waste) and Recyclables generated and presented for Collection at each Residential and Commercial/Industrial Premises in the City, in conformity with the provisions of this Agreement, including but not limited to the performance standards set forth in Exhibit "C". The work to be done by Collector pursuant to this Agreement shall include the furnishing of all labor, supervision, vehicles, Containers, other equipment, materials, supplies, and all other items necessary to perform the Collection Services, and the payment of all related expenses including, but not limited to, all taxes and utility charges. The Collection Services shall be performed in a thorough and professional manner that constitutes litter free, reliable, courteous and high-quality service. Collector shall at all times perform its duties using best industry practices for comparable operations. 3.2 COMPLIANCE WITH APPLICABLE LAW, RULES AND REGULATIONS 3.2.1 Collector shall acquire and maintain all necessary permits and licenses, and shall comply with all provisions of this Agreement, the City Code (including but not limited to Chapter 9 of the City Code, which is incorporated herein by this reference), and all other Applicable Laws, rules, and implementing regulations, as they may from time to time be amended, including, but not limited to the Act, CERCLA, and RCRA. 3.2.2 Collector agrees to observe and comply with the operating rules and regulations established by the applicable county and State regarding the Designated Disposal Site, Designated Recycling Facility, and the Designated Green Waste Facility, including without limitation those governing delivery procedures, receiving hours, vehicle and waste inspection, Hazardous Waste screening, litter control and safety measures. 3.3 COLLECTION FROM RESIDENTIAL PREMISES 3.3.1 Collector shall furnish all labor, supervision, materials, permits, licenses, and equipment necessary to provide automated Collection of Solid Waste, Green Waste and Recyclables from all Residential Premises in the City from the curb on a weekly basis, except in areas where access for automated Collection is not practicable. In those areas such as alleys and narrow streets, semi -automated or manual Collection Services shall be provided. 3.3.2 Curbside Collection of Recyclables and Green Waste shall be performed weekly, on the same day as Solid Waste Collection. The list of Recyclables to be collected in this program is attached hereto as Exhibit "A". Subject to the provisions of Section 6.6, City shall 11245\0002\667403.1 -11- Draft 8/31/01 • have the right to modify the list of residential Recyclables at any time during the Term, upon written notice to Collector but without the need to amend this Agreement. 3.3.3 Residential Householders may have one extra Solid Waste Collection day per calendar year, upon 48 hours notice to Collector. Collector shall not charge any additional fees for this additional Solid Waste Collection. 3.4 CONTAINERS FOR RESIDENTIAL PREMISES 3.4.1 (a) Collector shall provide the initial Containers and any replacement Containers to all Residential Premises. All units in Residential Premises shall receive one (1) Standard Residential Solid Waste Container having an approximate capacity of either 32 gallons, 64 gallons, or 96 gallons as specified by the Residential Householder, and one (1) Standard Residential Recycling Container having an approximate capacity of either 32 gallons or 64 gallons as specified by the Residential Householder. All Subscribers to the Green Waste program shall receive one (1) Standard Residential Green Waste Container having an approximate capacity of either 64 gallons or 96 gallons, as specified by the Subscriber. For the initial distribution of Containers, all Subscribers shall be provided, at a minimum, written material describing Solid Waste, Recycling and Green Waste Collection Container size options, pricing, mechanism for response, and default service level if no response is received from Subscriber. Written material shall be reviewed and approved by City Manager prior to distribution. Subscribers shall be provided a minimum of two (2) weeks from the mailing date to indicate Container size preferences. If the Subscriber does not specify a Container size, Collector shall provide the Subscriber with a 64 gallon Solid Waste Container and a 64 gallon Recycling Container. All Containers provided by Collector shall be constructed of rigid, durable materials with a minimum five (5) year life expectancy warranted by the manufacturer. (b) Collector shall permit Residential Householders to change their level of Solid Waste service at least once annually at no additional charge. Collector shall deliver the Solid Waste Containers associated with requested changes in service level no later than two weeks after receipt of the request. Residential Householders may request additional changes to level of Solid Waste service throughout the year, but each Residential Householder must pay Collector the additional charge specified in Exhibit B. (c) Collector shall permit Residential Householders to change their Recycling Container or Green Waste Container size one (1) time during the ninety days after commencement of service at no additional charge. Collector shall make best efforts to deliver the Recycling and/or Green Waste Containers associated with requested changes in Container size no later than three (3) weeks after receipt of the request. Residential Householders may request additional changes of Recycling and/or Green Waste Container size at any time during 11245\0002\667403.1 -12- Draft 8/31/01 the term of the Agreement, but each Residential Householder must pay Collector the additional charge specified in Exhibit B for such additional change. (d) Repairs to Containers for damage caused by ordinary wear and tear by the Residential Householders or by Collector shall be the responsibility of Collector. These repairs include replacement of wheels, lids, hinges, axles, and handles. Collector shall have the right to charge Residential Householders for Containers damaged through willful or intentional abuse or misuse. (e) In the event delivered Standard Solid Waste, Recycling and Green Waste Residential Containers are lost, stolen, damaged or destroyed, not through the willful or intentional abuse or misuse of Residential Householder, Collector shall deliver to the Residential Householder a replacement Container(s) within one week of request at no charge to the Residential Householder or City for either the Container or its delivery. (f) Collector shall bear the cost of replacing the first 100 Containers. To the extent that the Collector replaces more than 100 Containers in a single calendar year, pro rated for partial years, and excepting those Containers replaced pursuant to paragraph (d), the City shall allow Collector to recover the actual cost of replacing such Containers over the above specified amount by allowing an increase in the Rate to be charged by Collector sufficient for Collector to recover its costs for the purchase, assembly and delivery of such replacement Containers ("Collector's Excess Container Costs"), pursuant to Section 6.4. (g) Collector shall report to the City periodically, but not less often than semi- annually, the number of Containers replaced and address of each residence where replacement occurred in accordance with the previous two paragraphs. . (h) Collector shall not place any labels or embossments on the Solid Waste, Recycling and Green Waste Residential Containers without prior approval by the City Manager. The color of the Containers shall be subject to the approval of the City Manager. (i) Collector shall provide additional Solid Waste, Recycling and Green Waste Containers to any Residential Premises upon request from the Residential Householder. Collector shall not be obligated to provide additional Recycling and/or Green Waste Containers, however, unless the Residential Householder shall, as a condition, actually utilize on a regular basis all of the capacity of a 64 gallon Recycling Container and/or a 96 Gallon Green Waste Container. Except as otherwise provided in this Agreement, additional Containers shall be delivered and serviced for the Rate specified in Exhibit B. 11245\0002\667403.1 -13- Draft 8/31/01 3.5 WHEEL -OUT SERVICE 3.5.1 Collector shall provide free wheel -out service to eligible residents. For purposes of this Section 3.5, "eligible residents" are those who: (1) are physically unable to move the Containers as verified by a medical certificate; and (2) annually sign a sworn statement that they live in a residence with no other residents capable of moving Containers. The City Manager shall make the final determination of households eligible for free wheel -out service. 3.5.2 Collector shall provide wheel -out service for any non -eligible resident requesting such service on a for -fee basis. Service shall be provided for the Rate specified in the Schedule of Approved Base Rates. 3.6 BULKY WASTE 3.6.1 Collector shall provide on-call pick-up service of Bulky Goods to both Residential Premises and Multi -unit Residences, upon request. Collector shall ensure that 80% of such pick-up service requests are met within 7 days of the requested pickup date, and 100% of pick-up service requests are met within 14 days of the requested pickup date. 3.6.2 Collector shall transport Bulky Goods that cannot otherwise be recycled to the Designated Disposal Site and be responsible for payment of any associated tipping fees. Collector shall make good faith efforts to maximize the Recycling of Bulky Goods. 3.6.3 Services provided under this Section shall be provided to all Residential Premises and Multi -unit Residences at no additional cost to the Residential Householders or City, for up to two free pick -us per dwelling unit per calendar year. Collector may charge a fee for this service as specified in Schedule of Approved Rates for requested pick-ups in excess of two per dwelling unit per calendar year. Collector may also charge for Freon removal from Freon -containing appliances in accordance with Exhibit B. 3.7 HOLIDAY TREE RECYCLING Collector shall collect, transport and process as Green Waste all acceptable trees from all Residential Premises and Multi -Unit Residences within the City which are placed for Collection on the first three regularly scheduled Collection days after December 25 for each Collection route, at no additional compensation to Collector or charge to the Residential Householder or City. Notwithstanding the above, Collector shall incorporate local non-profit organizations in the provision of holiday tree Collection services, where such organizations have expressed interest in writing to City or Collector. In such cases, Collector shall be responsible for maintaining the service standards specified in this Section, except that Collection may be at reasonable times and dates prior to January 15th of the following calendar year. In addition, for the three weeks commencing December 26th, Collector shall provide up to three (3) Boxes (as 11245\0002\667403.1 -14- Draft 8/31/01 determined by the City Manager) at locations designated by the City Manager for the drop-off of acceptable holiday trees. For purposes of this Section 3.7, "acceptable holiday trees" shall mean trees that are acceptable for Processing as Green Waste pursuant to Section 3.12.3 (i.e., no "flocked" trees, or trees with material amounts of tinsel). Collector shall have no obligation to collect trees or portions of trees that are greater than six (6) feet in length. 3.8 COMMERCIAL/INDUSTRIAL SERVICE 3.8.1 Collection. Collector shall furnish all labor, supervision, materials, permits, licenses, and equipment necessary to provide Collection of Solid Waste and Recyclables from Commercial/Industrial Premises in the City on at least a weekly basis. Collector will assist the owners of Commercial/Industrial Premises in selecting an appropriate level of service for Solid Waste and Recyclables. Collector shall be responsible for billing each Commercial/Industrial Premises at the Rates set forth on Exhibit B. Collector shall work with Commercial/Industrial Premises Subscribers to select the appropriate size, type and number of Containers to be provided for Solid Waste and Recyclables Collection Services. 3.8.2 Promotion of Commercial Recycling. Collector shall make Recyclables Collection service available to all Commercial/Industrial Premises in the City. In coordination and cooperation with City efforts, Collector. shall use its best efforts to promote and expand the use of Recycling services to all Commercial/Industrial Premises. 3.9 CITY FACILITIES 3.9.1 Collector shall collect and either dispose -of or deliver for Processing, all Solid Waste, Green Waste and Recyclables from all City Facilities, including but not limited to the Collection of Street Sweeping Fines. Collector shall provide each City Facility with sufficient Bins and other Containers, as determined by the City Manager, for the Collection of Solid Waste, Green Waste and Recyclables. Collector shall provide separate Bins for Green Waste at all public parks. Collector shall develop Diversion opportunities for Street Sweeping Fines, to the maximum extent feasible. 3.9.2 All services provided pursuant to this Section shall be provided at Collector's expense, with no charge to City. The City Manager may delete or add a City Facility from the list of facilities to be provided Collection Services by Collector pursuant to this Section at any time, upon written notice to Collector. 3.10 CONSTRUCTION AND DEMOLITION WASTE; DIVERSION 11245\0002\667403.1 -15- Draft 8/31/01 3.10.1 The Collection of Construction and Demolition Waste shall be performed in conformance with all standards adopted by the City Council by ordinance or resolution. 3.10.2 The Collector must ensure and document that at least fifty percent (50%) of the Construction and Demolition Waste collected by the Collector is recycled or otherwise diverted from Disposal in a landfill. 3.10.3 Collector shall not charge City for the Collection or Disposal of Construction and Demolition Waste generated by City projects, nor for the Processing of source -separated Construction and Demolition Waste generated by City projects. 3.11 HAZARDOUS WASTE NOTIFICATIONS AND PROCEDURES 3.11.1 Except for the Household Hazardous Waste Collection Program described in Section 3.11, the Collection, transportation and disposal of Hazardous Waste is specifically beyond the scope of this Agreement. Collector and City shall take all reasonable steps necessary to prevent Hazardous Waste from being collected, transported, or disposed of by Collector under this Agreement, other than Household Hazardous Waste collected pursuant to Section 3.11. 3.11.2 Collector shall not be required to filter through and thoroughly inspect the Solid Waste or Recyclables deposited in Containers by City's residents and Commercial/Industrial Premises in order to ensure it does not contain any Hazardous Waste. Collector, however, shall take all reasonable steps to avoid collecting Hazardous Waste and shall properly dispose of any such waste inadvertently collected of which is later becomes aware. Collector shall "tag" each Container which contains Hazardous Waste, and shall keep a record of all Subscribers who have received a tag for depositing Hazardous Waste items, in accordance with the procedures set forth in Section 7.0 of Exhibit "C" regarding tagging items not collected. 3.11.3 Collector shall provide written information regarding Household and other Hazardous Waste to all Residential Householders upon initially beginning service and on a yearly basis thereafter. This information shall specify what types of waste may and may not be disposed of through routine Collection procedures, the availability of the Household Hazardous Waste Collection Program described in Section 3.11, the tagging procedure if Hazardous Waste is found in the Residential Householder's deposited waste, and other pertinent information. 3.11.4 Collector shall conduct yearly training programs for its waste Collection employees to instruct them in determining what is Hazardous Waste, to advise them to be aware of and locate, if possible, Hazardous Waste items when undertaking their Collection of Solid Waste and Recyclables in the City, to follow proper procedures by tagging Hazardous Waste items as "Hazardous Special Handling Required", and to advise Subscribers of the various legal alternatives for the disposal of Hazardous Waste. 11245\0002\667403.1 -16- Draft 8/31/01 3.11.5 Collector shall notify all agencies with jurisdiction, including the California Department of Toxic Substances Control and Local Emergency Response Providers, and if appropriate, the National Response Center, of reportable quantities of Hazardous Waste, found or observed by Collector anywhere within the City, including on, in, under or about City owned property and City waste Containers. In addition to other required notifications, if Collector observes any substances which it or its employees reasonably believe or suspect to contain Hazardous Waste unlawfully disposed of or released on City owned property, including but not limited to streets in the City, storm drains, or public rights of way, Collector also shall immediately notify the City Manager. 3.12 DISPOSAL AND PROCESSING FACILITIES 3.12.1 Collector has designated Landfill, located at as the Designated Disposal Site. Collector covenants that Landfill is properly permitted, is classified as a Class 3 landfill (permitted to receive only municipal Solid Waste), is in compliance with all Applicable Laws, and is not on or being considered for inclusion on a State or federal Superfund list, or CIWMB list of Solid Waste facilities failing to meet State minimum standards. Except as set forth in Section 3.12.3, Collector shall dispose of all Solid Waste collected in the City at the Designated Disposal Site, at Collector's expense and in accordance with all Applicable Laws. 3.12.2 Collector has designated the Recycling Facility, located at as the Designated Recycling Facility. Collector covenants that Designated Recycling Facility will be properly permitted and in compliance with all Applicable Laws. Collector shall deliver all Recyclables collected in the City to the Designated Recycling Facility, at Collector's expense and in accordance with all Applicable Laws. Collector shall ensure that, after Processing, Residue material shall not exceed the amount permitted by Applicable Law, including but not limited to 14 CCR 174025 (d)(2). Collector shall ensure that Recyclables are used in a manner that is classified as Diversion. 3.12.3 Collector has designated the Green Waste Processing Facility, located at , as the Designated Green Waste Facility. Collector covenants that the Designated Green Waste Processing Facility is properly permitted and is in compliance with all Applicable Laws. Collector shall deliver all Green Waste collected in the City to the Designated Green Waste Facility. If any such delivery to the Designated Green Waste Facility would not result in the City receiving credit in calculating its Diversion Rate for having diverted the Green Waste from Disposal in a landfill or transformation facility, another facility must be selected. Collector shall ensure that Green Waste is processed and used in a manner that is classified as Diversion, and that Processing occurs in a manner that results in Residue that does not exceed the amount permitted by Applicable Law, including but not limited to 14 CCR 17868.4. 11245\0002\667403.1. -17- Draft 8/31/01 • • 3.12.4 Collector shall ensure that the Designated Disposal Site, Designated Recycling Facility, and Designated Green Waste Facility are properly permitted and in compliance with Applicable Law at all times during the Term. Collector shall immediately inform City Manager in writing in the event of any non-compliance, and City, in its sole discretion, shall have the right to require the use of a different Disposal or Processing Facility, to be selected by Collector. The City Council may also, in its sole discretion, require the use of a different site at any time during the Term if the Designated Disposal Site, Recycling Facility, or Green Waste Facility is found to not be in compliance with the provisions of Sections 3.12.1, 3.12.2, or 3.12.3 (as the case may be), and the City Council determines that the Designated Disposal Site, Recycling Facility, or Green Waste Facility is not acceptable due to a failure to comply with the terms of this Agreement or a finding by State or federal regulatory agencies that it is not in compliance with Applicable Law, including the Environmental Statutes, and is unable to accept City's Solid Waste, Green Waste or Recyclables (as the case may be). Under no circumstances, however, shall a change in one or more of Designated Disposal Site, Designated Recycling Facility, and Designated Green Waste Facility pursuant to this Section 3.12.4 provide a basis for an increase in the Rates. 3.13 TITLE TO SOLID WASTE AND RECYCLABLES It is expressly understood that all Solid Waste and Recyclables collected under this Agreement becomes the property of Collector at the point of Collection, subject to the requirement of delivery of Solid Waste to the Designated Disposal Site, Recyclables to the Designated Recycling Facility, and Green Waste to the Designated Green Waste Facility. At no time does City obtain any right of ownership or possession of Solid Waste or Recyclables placed for Collection, and nothing in this Agreement shall be construed as giving rise to any inference that City has any such rights. City and Collector agree that, for the purposes of the Uniform Commercial Code and all other laws imposing liability for defective products, it is Collector, and not City that is to be considered the "merchant" of goods recycled pursuant to this Agreement. 3.14 PUBLIC EDUCATION 3.14.1 Collector shall develop and implement a public education and information program in order to explain the transition to automated Collection, maximize participation in the residential and commercial/industrial Recycling efforts, and Green Waste Collection effort, and provide information on the availability of Bulky Waste services and other special Collection services described in this Article 3, as well as on the complaint resolution procedure set forth in Section 3.13. The public education and information program may include, without limitation, media advertising, contests, and community involvement programs. The public education and information program shall include methods of intensive outreach during the Rollout Period, as well as periodically (no less often than annually) thereafter, and methods of informing customers of available.services at the time they apply for service. The various elements of the public 11245\0002\667403.1 -18- Draft 8/31/01 • education and information program shall be reviewed and approved by the City Manager prior to implementation, pursuant to Section 4.3. The direct costs of implementing the program shall be borne by Collector. 3.14.2 Throughout the Term, Collector shall provide Subscribers with information pertaining to this Agreement and shall conduct public education services that include, but are not limited to, providing information pertaining to the following: 1. New. services implementation; 2. Change in service; 3. Notices of incorrect setouts; 4. Annual Holiday tree Collection Services, including non-profit Collection alternatives; 5. Coordination with City in development of monthly promotions and public education materials on source reduction, Recycling, backyard composting and Green Waste Program topics. City shall have the right to review and approve all public education and promotion materials prior to distribution by Collector; 6 The availability of free wheel -out service for qualifying Subscribers; 7. The availability of extra Containers, wheel -out, and on-call Bulky Waste service; 8. Household Hazardous Waste program services provided pursuant to this Agreement; and 9. Providing Recycling outreach to schools and community groups as requested. City shall have the right to review and approve all education and outreach materials prior to distribution. 3.14.3 All press releases, reports, or other documents prepared by Collector for release to the public, the CIWMB, or any other public agency that materially affect the City shall be subject to the prior review (for a period of at least five business days) of the City Manager. The parties agree that, for purposes of this Section 3.15.3, any reports or other documents relating to the automated Collection system in the City, or to City's Source Reduction and Recycling Element (SRRE), Household Hazardous Waste Element (HHWE), and Diversion Rate, materially affect the City. 3.15 PUBLIC ACCESS TO COLLECTOR 11245\0002\667403.1 -19- Draft 8/31/01 • 3.15.1 Collector's office hours shall be, at a minimum, from 8:00 a.m. to 5:00 p.m. Monday through Friday, except Holidays. A responsible and qualified representative of Collector shall be available at Collector's office during office hours for communication with City and the public. 3.15.2 Collector shall maintain a toll-free telephone system in operation to assist Subscribers during the hours of 7:00 a.m. to 6:00 p.m. Monday through Friday, and from 8:00 a.m. to 5:00 p.m. on Saturdays. Collector shall install telephone equipment, and have available service representatives sufficient to handle the volume of calls typically experienced on the busiest days. Subscribers must be able, with reasonable convenience, to reach Collector's office by phone during the hours set forth in this Section. Notwithstanding the above, Collector may use an answering service on Saturdays. Collector shall have a representative, answering service or voicemail system available at the toll-free telephone number during all hours other than the hours set forth herein. Any recording shall provide an additional number to call in the event of an emergency. Collector shall provide the City Manager the means to contact a representative of Collector directly by telephone on a 24-hour basis in the event of an emergency. 3.16 SERVICE COMPLAINTS AND RESPONSE 3.16.1 Collector agrees to maintain a computer-based log ("Complaint Log") of all oral and written service complaints registered with Collector from Subscribers or the public within the City. The Complaint Log shall be maintained in a computerized database format reasonably acceptable to the City Manager. Collector shall be responsible for the prompt and courteous attention to, and prompt and reasonable resolution of, all Subscriber complaints. Subscriber complaints that cannot be reasonably resolved may be appealed to the City Manager for final resolution. Collector shall record in the Complaint Log all written and oral complaints, noting the name and address of complainant, date and time of complaint, nature of complaint, name of Collector employee taking the complaint, and the nature and date of resolution. The Complaint Log shall be maintained so that representatives of City upon request may conveniently inspect it. Collector shall deliver a summary of complaints by number and type, and a copy of the Complaint Log reflecting action to date along with the quarterly reports specified in Section 9.4 or otherwise upon request of the City. 3.16.2 Collector shall respond to all complaints from Subscribers, other than missed pickups, within one business day. 3.16.3 In the event of a missed pickup, Collector shall complete the pickup the same day if the complaint is received by 3:00 p.m., or by 12:00 p.m. the following business day if the complaint is received after 3:00 p.m. 3.17 REPORT ACCUMULATION OF SOLID WASTE; UNAUTHORIZED DUMPING 11245\0002\667403.1 -20- Draft 8/31/01 Collector shall direct its drivers to note the addresses of any premises at which they observe significant and ongoing accumulation of Solid Waste that is not being delivered for Collection, and the address or other location description at which Solid Waste has been dumped in an apparently unauthorized manner. Collector shall deliver the address or description to the City Manager within three (3) working days of such observation. 3.18 PRIVACY Collector shall strictly observe and protect the rights of privacy of Subscribers. Information identifying individual Subscribers, or the composition or contents of a Subscriber's Solid Waste or Recyclables, shall not be revealed to any person, governmental unit, private agency, or company, unless upon the authority of a court of law, authorized Federal, State, or municipal law enforcement agency, by statute, or upon valid authorization of the Subscriber: Collector shall not market or distribute mailing lists with the names and addresses of residential or commercial/industrial Subscribers. This provision shall not be construed to preclude Collector from preparing, participating in, or assisting in the preparation of waste characterization studies or waste stream analyses that may be required by City pursuant to the Act. The rights accorded Subscribers pursuant to this Section shall be in addition to any other privacy rights accorded Subscribers pursuant to Federal or State law. 3.19 CHANGE IN OPERATIONS/ADMINISTRATION OR SCHEDULE Collector shall notify the City Manager in writing of any proposed material changes in, or to the Collection Services operation (e.g. vehicle routes, equipment type or number, crew size), administration (e.g., management and employees), and schedule prior to implementation. Any changes to the Collection operation shall meet the service standards and other terms of this Agreement. In the case of changes to the Collection schedule, Collector must notify all affected Subscribers at least (14) days prior to any change in the Collection day. Collector shall not permit any Subscriber to go more than seven (7) days without service in connection with a Collection schedule change. 3.20 MODIFICATION OR CHANGE OF COLLECTION SERVICES; NEW SERVICES 3.20.1 Upon receiving a written request from City, Collector shall provide reasonable modification of any Collection Service subject to establishment of appropriate compensation for providing the service. Such a service modification may include, but not be limited to, the addition or deletion of specific residential Recycling materials. Granting of any such modified Collection Service shall be contingent upon City review and approval of an applicable Rate pursuant to Section 6.6. 11245\0002\667403.1 -21- Draft 8/31/01 • • 3.20.2 Upon receiving a written request from the City Manager, Collector shall provide any other exclusive or non-exclusive services not covered by this Agreement that it is qualified to provide, subject to establishment of appropriate compensation for providing the service pursuant to Section 6.6. ARTICLE 4 ROLLOUT OF AUTOMATED SERVICES; IMPLEMENTATION PLANS 4.1 ROLLOUT PERIOD 4.1.1 This Agreement requires, for Residential Premises, a transition from the manual Collection system used in the City as of the date of this Agreement town automated system. This Agreement also requires implementation of a Green Waste Collection program, and an expanded Recyclables Collection program. Collector shall "rollout" the new services required by this Agreement such that all required Standard Residential Containers are distributed to Residential Premises throughout the City for use in the Collection of Solid Waste, Recyclables, and Green Waste accordingly to the following schedule: (a) Standard Residential Solid Waste Containers shall be provided and in use throughout the City on or before April 1, 2002. (b) Standard Residential Recyclables Container shall be provided and in use throughout the City on or before December 1, 2001. (c) Standard Residential Green Waste Containers shall be provided and in use throughout the City on or before April 1, 2002. (d) The Bulky Waste Collection Program described in Section 3.6 shall be implemented and fully operational on or before October 1, 2001_ 4.1.2 During the Rollout Period, Collector shall distribute the Containers required by this Agreement to all Residential Premises in the City, and implement the public education program developed pursuant to Section 3.14. 4.1.3 Collector shall provide to all Residential Premises a "no harm" transition period, during which up to three (3) errors by Subscribers in setting out or placing contents in Containers shall not result in any penalty. This "no harm" transition period shall commence, as to each Residential Premises, on the first Collection day where one or more of the Standard Residential 11245\0002\667403.1 -22- Draft 8/31/01 Containers is used, and continue for 180 days from the date of the first Collection day where all three (3) Standard Residential Containers (Solid Waste/Recyclables/Green Waste) are used. 2.6.2 On the Effective Date, and notwithstanding any other provision of this Agreement, Collector shall commence manual collection of Solid Waste and Recyclables from all Residential Premises in the City , and continue such collection throughout the Rollout Period. 4.2 TRANSITION PLAN 4.2.1 Collector shall submit to the City Manager, within days after the Effective Date, the written transition plan for the transition to automated Collection, and implementation of the various programs required by this Agreement. The City Manager shall, within days of Program receipt, concur with or require changes in the Program. 4.2.2 Collector shall submit to the City Manager, within days after the Effective Date, the written Public Education and Information Program required by Section 3.19. The City Manager shall, within • days of Program receipt, concur with or require changes in the Program. 4.2.3 Collector shall submit to the City Manager, within days after the Effective Date, the written Public Education and Information Program required by Section 3.19.2 for the Term. The City Manager shall, within days of Program receipt, concur with or require changes in the Program. 4.2.4 Collector shall submit to the City Manager, within days after the Effective Date, a written "Contingency Plan" demonstrating the Collector's specific arrangements to provide vehicles and personnel and to maintain uninterrupted service during mechanical breakdowns, and in case of natural disaster, strikes or other emergency, including events described in Section 10.7. The City Manager shall, within days of plan receipt, concur with, or require changes in the plan. ARTICLE 5 INDEMNIFICATION; INSURANCE; BONDS 5.1 INDEMNIFICATION 5.1.1 Collector shall indemnify, defend (with counsel selected by City) and hold harmless City, its officers, agents, employees and volunteers from any and all claims and losses whatsoever occurring or resulting to any and all persons, firms or corporations furnishing or 11245\0002\667403.1 -23- Draft 8/31/01 supplying work, services, materials, or supplies in connection with the performance of this Agreement, any and all claims, lawsuits or actions arising from the awarding or execution of this Agreement, and for any and all claims and losses occurring or resulting to any person, firm, corporation or property for damage, injury or death arising out of or connected with Collector's or any of its officers, agents, employees or subcontractors' performance of its obligations pursuant to this Agreement or arising from or attributable to any alleged breach of warranty of merchantability or fitness of purpose or other laws relating to product liability for Recyclables collected and processed pursuant to this Agreement. Collector's obligation to indemnify, defend and hold harmless City as stated herein above shall include, but not be limited to, paying all actual legal fees and cost incurred by legal counsel of City's choice in representing City in connection with any such claims, losses, lawsuits or actions. The obligations of Collector pursuant to this Subjection 5.1.1 are not limited by the coverage of any insurance maintained by Collector pursuant to Section 5.2. THIS PROVISION SHALL SURVIVE THE EXPIRATION OF THE PERIOD DURING WHICH SOLID WASTE AND RECYCLABLES COLLECTION, PROCESSING AND DISPOSAL SERVICES ARE TO BE PROVIDED UNDER THIS AGREEMENT. 5.1.2 Collector shall indemnify, defend (with counsel selected by City) and hold harmless City, its officers, agents, employees and volunteers from any and all claims and losses whatsoever occurring or resulting from: (a) the repair, cleanup or detoxification, or preparation and implementation of any removal, remedial, response, closure or other plan (regardless of whether undertaken due to governmental action) concerning any hazardous substance or Hazardous Waste at any place where Collector or any of its officers, agents, employees or subcontractors transfers, stores or disposes of Solid Waste, Green Waste or Recyclables pursuant to this Agreement; or (b) its activities pursuant to this Agreement result in a release of hazardous substances into the environment. The foregoing indemnity is intended to operate as an agreement pursuant to Section 107(e) of CERCLA, codified at 42 U.S.C. Section 9607(e), and California Health and Safety Code Section 25364, to defend, protect, hold harmless and indemnify City. Collector's obligation to indemnify, defend and hold harmless City as stated herein above shall include, but not be limited to, paying all actual legal fees and cost incurred by legal counsel of City's choice in representing City in connection with any such claims, losses, lawsuits or actions. In connection with claims, liability, lawsuits or actions arising out of the Environmental Statutes, this clause shall not restrict any rights City has against Collector, including, but not limited to, the right of contribution, pursuant to the Environmental Statutes. The obligations of Collector pursuant to this Subsection 5.1.2 are not limited by the coverage of any insurance maintained by Collector pursuant to Section 5.2. THIS PROVISION SHALL SURVIVE THE EXPIRATION OF THE PERIOD DURING WHICH SOLID WASTE AND RECYCLABLES COLLECTION, PROCESSING AND DISPOSAL SERVICES ARE TO BE PROVIDED UNDER THIS AGREEMENT. 11245\0002\667403.1 -24- Draft 8/31/01 5.1.3 Collector agrees to indemnify, protect, defend (with counsel reasonably acceptable to City) and hold harmless City, its officers, agents and employees from compliance of the Act, against all fines or penalties imposed by the California Integrated Waste Management Board (CIWMB) in the event the Diversion, source reduction and Recycling goals of the Act are not met by City, or in the event Collector's delays in providing information prevent City from submitting reports required by the Act in a timely manner.- Collector further agrees to reimburse City its "pro rata share" of all costs and expenses attributable to any administrative proceedings (including but not limited to the administrative proceedings required by Public Resources Code Section 40059.1(c)(5)) or litigation relating to compliance with the Act, including reasonable attorneys' fees. For purposes of this Section, Collector's "pro rata share" shall be determined by apportioning such costs and expenses in accordance with the percentage of fault of Collector and City, as determined by the court or administrative body, or if none, as mutually agreed to.by the parties. Collector's obligation to indemnify and reimburse City pursuant to this Section is limited to the extent that such fines, penalties, costs or expenses result from activities, events, or omissions occurring during the period during which Collection Services are to be provided under this Agreement, and if warranted by City's review of the audited financial reports prepared by Collector. The obligations of Collector pursuant to this Subsection 5.1.3 are not limited by the coverage of any insurance maintained by Collector pursuant to Section 5.2. Collector's indemnification hereunder is expressly conditioned upon: (a) implementation of the weekly Green Waste and Recyclables programs described herein; (b) implementation of the Construction and Demolition Recycling requirements of Chapter 9 of the City Code; and (c) City's good faith efforts to implement its Source Reduction and Recycling Element, including any amendments thereto. THIS PROVISION SHALL SURVIVE THE EXPIRATION OF THE PERIOD DURING WHICH SOLID WASTE AND RECYCLABLES COLLECTION, PROCESSING AND DISPOSAL SERVICES ARE TO BE PROVIDED UNDER THIS AGREEMENT. 5.2 INSURANCE 5.2.1 Collector shall procure and maintain for the Term of this Agreement insurance against claims for injuries to persons, including death, or damages to property which may arise from or in connection with the performance of the work hereunder by Collector, its agents, representatives, employees or subcontractors. Collector shall not perform any work during any period when Collector is not covered by insurance as required in this Subsection. In the event Collector does any work while not covered by the insurance required by this subsection, City may immediately terminate this Agreement without providing the seven day (7) written notice required by Section10.1. General Liability, Errors & Omissions and Pollution and/or Environmental Impairment Liability, coverage should be maintained for a minimum of five (5) years after 11245\0002\667403.1 -25- Draft 8/31/01 contract completion. The maintenance of claims made against any insurance required of Collector shall not be considered a waiver by City of any other claim or liabilities it may have against Collector. A. Minimum Scope of Insurance. Coverage shall be at least as broad as: i. Insurance Services Office Commercial General Liability coverage ("occurrence" form CG 0001.). ii. Insurance Services Office form number CA 0001 (Ed. 1/78), covering Automobile Liability, code 1 (any auto) and endorsement CA 0025 (mobile equipment, pollution, contractual liability). The Automobile Liability policy shall be endorsed to delete the Pollution and/or the Asbestos exclusion and add the Motor Carrier Act endorsement (MCS -90), TL 1005, TL 1007 and/or other endorsements required by federal or state authorities. iii. Workers' Compensation Insurance as required by the State of California and Employer's Liability Insurance. iv. Pollution and/or Environmental Impairment Liability and/or Errors & Omissions. v. Crime Insurance coverage, protecting City from loss of revenues resulting from theft, embezzlement, fraud, or dishonesty covering all employees of Collector. B. Minimum Limits of Insurance. Collector shall maintain limits no less than:. i. General Liability: $5,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. ii. Automobile Liability: $3,000,000 combined single limit per accident for bodily injury and property damage. iii. Workers' Compensation and Employer's Liability: $1,000,000 each accident, $1,000,000 policy limit bodily injury or disease, $1,000,000 each employee bodily injury by disease. iv. Pollution and/or Environmental Impairment Liability and/or Errors and Omissions: $3,000,000 each occurrence/$10,000,000 policy aggregate covering liability 11245\0002\667403.1 -26- Draft 8/31/01 arising from the release of waste materials and/or irritants, contaminants or pollutants. Collector shall ensure that such coverage shall, if commercially available, without involvement of City, automatically broaden in its form of coverage to include legislated changes in the definition of waste materials and/or irritants, contaminants or pollutants. The policy shall stipulate this insurance is primary and no other insurance carried by City will be called upon to contribute to a loss suffered by Collector hereunder and waive subrogation against City and other additional insureds. v. Crime Insurance: $500,000 per occurrence. C. Deductible and Self -Insured Retentions. Any deductibles, self-insured retentions or self-insurance programs must be declared to and approved by City. At the option of City, either the insurer shall reduce or eliminate such deductibles or self insured retentions as respects to City, its officers, officials, employees and volunteers; or Collector shall provide evidence satisfactory to the City Manager guaranteeing payment of losses and related investigations, claim administration and defense expenses. Notwithstanding the foregoing, City may elect not to accept any deductibles or self-insured retentions offered by Collector. D. Other Insurance Provisions. i. The policies are to contain, or be endorsed to contain, the following provisions: a. City, its officers, officials, employees and volunteers are to be covered as additional on the general liability and automobile liability policies. b. Collector's insurance coverage shall be primary insurance as respects to City, its officers, officials, employees, agents and volunteers. Any insurance or self-insurance maintained by City, its officers, officials, employees, agents or volunteers shall be excess of Collector's insurance and shall not contribute with it. c. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by the insurer except after thirty (30) days prior written notice has been given to City. d. Collector's insurance shall apply separately to each insured against whom claim is made or suit is brought, except for the limits of the insurer's liability. 11245\0002\667403.1 -27- Draft 8/31/01 ii. Worker's Compensation and Employers Liability Coverage. The insurer shall agree to waive all rights of subrogation against City, its officers, officials, employees and volunteers for losses arising from work performed by Collector for City. iii. All Coverages. Each insurance policy required by this clause shall be occurrence -based or an alternate form as approved by the City Manager and endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to City. E. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII if admitted. If Pollution and/or Environmental Impairment and/or Errors and Omissions coverages are not available from an "Admitted" insurer, the coverage may be written with City's permission, by a non -admitted insurance company. A non -admitted company should have an A.M. Best's rating of A: X or higher. F. Verification of Coverage. Collector shall furnish City with endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by City, unless the insurer will not use City's forms. In that event, as an alternative to City's forms, the Collector's insurer may provide complete copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. All endorsements are to be received and approved by the City. Manager before work commences. G. Subcontractors. Collector shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. H. Other Provisions. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to City, its officers, officials, agents, employees and volunteers. 5.3 FAITHFUL PERFORMANCE BOND Within five (5) days of the date of this Agreement, Collector shall file with City a bond, payable to City, securing Collector's faithful performance of each and every one of its obligations under this Agreement. The principal sum of the bond shall be $500,000. The bond shall be executed as surety by a corporation authorized to issue surety bonds in the State of California, with a financial condition and record of service satisfactory to the City Manager. The bond shall be in a form specified by the City Manager. Alternatively, Collector may deposit a letter of credit or open a certificate of deposit in the name of City to be held to secure Collector's 11245\0002\667403.1 -28- Draft 8/31/01 faithful performance. The performance bond shall be maintained in force for the duration of this Agreement. Collector shall pay the premium for the bond. ARTICLE 6 COMPENSATION AND RATES AND RATES 6.1 RATES The Rates contained in Exhibit B, as may be adjusted from time to time in accordance with this Agreement, provide the compensation to Collector for services pursuant to this Agreement. The Rates are set by the Collector and approved by the City Council by resolution. 6.2 ANNUAL ADJUSTMENT OF RATES PURSUANT TO CPI 6.2.1 Subject to the terms herein, Collector may request one Rate adjustment annually. The City Manager shall approve the Rate adjustment where such adjustment would result in no more than a three (3) percent rate increase for any given service level, or the percentage change in the CPI for the most recent 12 month period for which data is available, whichever is less. 6.2.2 The request and supporting data for each annual adjustment of Rates shall be submitted to the City Manager by Collector on or before September 1 of each year, commencing in 2003. Each adjustment is to be based on data for the previous twelve (12) month period; approved by the City Manager by October 1 of each year; and effective on each subsequent January 1. The first adjustment of Rates shall not be effective until January 1, 2004. 6.2.3 If the CPI is discontinued or revised during the Term by the United States Department of Labor, such other government index or computation with which it is replaced shall be used in order to obtain substantially the same result as would be obtained if the CPI had not been discontinued or revised. 6.3 SPECIAL RATE REVIEW Requests for "Special Rate Review" may be made at Collector's discretion, provided that Collector shall seek no more than a single annual adjustment to become effective at the time of the CPI adjustment described in Section 6.2 A. Eligible Items. Collector is entitled to apply to City for consideration of a Special Rate Review, or City may initiate such a review should one or more of the following occur, and for no other reason whatsoever: 11245\0002\667403.1 -29- Draft 8/31/01 1. Any Change in Law that was not reasonably known to Collector before the Effective Date, that Collector substantiates would result in a direct increase in Collector's cost of providing Collection Services to City. 2. Changes to operations or modifications of services, or new services, are mandated by City pursuant to Sections 3.24 or 3.25 3. Changes in the Collector Fee established pursuant to Section 7.2. 4. Flood, earthquake, other Acts of God, war, civil insurrection, riots, or other similar catastrophic events beyond the control of Collector. 5. Collector's excess Container costs pursuant to Section 3.4 (f). 6. To the extent that Collector can demonstrate to the satisfaction of the City Finance Department that Collector's actual CPI -influenced costs increased more than three (3) percent during the previous twelve months. B. Ineligible Items. Collector will not be compensated over the term for any other costs except those indicated in Section 6.4. A. C. Review of Costs. Should Collector request a Special Rate Review, City shall have the right to review any or all costs associated with Collector's services under this Agreement. A Special Rate Review may, at the City Manager's sole discretion, occur in conjunction with a performance review pursuant to Section 9.11. D. Submittal of Request. Collector must submit its request for a Special Rate Review and complete cost and operational data in a form and manner specified by City at least six (6) months prior to the proposed effective date of any rate adjustment. E. Burden of Justification. Collector shall bear the burden of justifying to City by Substantial Evidence any entitlement to a rate increase under this Section. If the City Council determines that Collector has not met its burden, Collector may seek legal action pursuant to Section 6.5. F. Grant of Request. Based on evidence Collector submits, the City Council, in its sole and absolute discretion, may grant some, all or none of the requested increase. 6.4 RESOLUTION OF DISPUTES REGARDING SPECIAL RATE REVIEWS This Section pertains only to Special Rate Reviews requested by Collector under the provisions of Section 6.4_ If City rejects a special Rate adjustment requested by Collector, grants a rate increase less than what was requested by Collector, or fails to act in a timely manner upon 11245\0002\667403.1 -30- Draft 8/31/01 all or any part of Collector's special rate adjustment application, then Collector's sole remedy • against City is to file a petition for writ of mandate pursuant to Code of Civil Procedure Section 1094.5. Collector expressly agrees that it does not have a cause for action for damages against City. 6.5 RATES FOR MODIFIED OR ADDITIONAL SERVICES In the event either party requests a modification of a Collection Service or other service provided pursuant to this Agreement, or additional services not currently included within this Agreement, Collector shall furnish City with complete, projected operational and cost data for the modified or additional service. City reserves the right to require that Collector supply any additional cost data or other information it may reasonably need to ascertain the appropriate Rate for the modified or new service. City further reserves the right to employ qualified independent consulting services to review data submitted by Collector. For Collector -initiated proposals for service modifications or additional services, Collector shall defray City consultant and attorney expenses relating to the review. The City Manager shall consider operational and cost data for approval, and if approved, City shall establish a Rate for the additional service. At City's sole discretion, a performance review pursuant to Section 9.11, may occur coincident with review of Rate(s) for a modified or new service. The implementation of any modified or additional service shall be contingent upon City Manager's approval and establishment of a Rate. If a mutually acceptable Rate for a new service requested by City cannot be negotiated between City and Collector within a reasonable time frame, City reserves the right to solicit other bids and obtain other service provider(s) for additional service. Nothing in this Article 6 requires City to request additional services from Collector. 6.6 NOTICE OF RATE INCREASES Collector shall provide all Subscribers for whom Collector performs billing services with advance written notice of Rate increases, in the form of a bill insert at least thirty (30) days prior to the effective date of such increases. ARTICLE 7 BILLING, COLLECTION AND REMITTANCE; COLLECTOR FEE 7.1 BILLING 7.1.1 Collector shall bill Residential Premises on a quarterly basis, and bill Commercial/Industrial Premises on a monthly basis, for services provided under this Agreement. Collector may bill for Collection Services up to one month in advance of the period for which 11245\0002\667403.1 -31- Draft 8/31/01 • • services will be rendered. Collector shall not charge any amount in excess of the approved Rates for any services required or permitted to be performed by the terms of this Agreement. The approved Rates are those set forth in Exhibit B, as such schedule may, during the term, be revised pursuant to the procedures set forth in Article 6. 7.1.2 With regard to the billing of Rates, Collector: (a) May levy: Special Charges, including for on-call Bulky Waste Collection pursuant to Section 3.6, extra Container service pursuant to Section 3.4, and for -fee wheel -out service pursuant to Section 3.5, residential call back charges for missed residential Collection where missed Collection is the result of the Subscriber's setout of the cart after Collection time, at the Rates provided in Exhibit B. Special Charges shall not be levied without prior notification to the Subscriber. (b) May not bill for: the free wheel -out service for eligible Subscribers specified in Section 3.5; the residential cleanup program services specified in Section 3.6; the Holiday tree Collection specified in Section 3.7; the Construction and Demolition Waste Disposal and Diversion Services described in Section 3.12.3, the Household Hazardous Waste program services specified in Section 3.15; the public education services specified in Section 3.19; or any other service which is described in this Agreement as being for no extra compensation to Collector. 7.2 COLLECTOR FEE 7.2.1 In consideration of the rights granted Collector in this Agreement, Collector shall pay to City a Collector Fee of ten percent (10%) of the total amount billed by Collector for providing Collection Services pursuant to this Agreement to Residential and Commercial/Industrial Premises. 7.2.2 City reserves the right to increase the Collector Fee at any time during the Term. Nothing herein shall excuse Collector from paying City business license fees and other permits required to be paid pursuant to City, State or Federal Law. Collector Fees shall be computed and paid on the basis of Collector's billings each calendar month. Collector shall remit the Collector Fee as part of the Monthly Remittance specified in Section 7.3. 7.3 COLLECTOR BILLING STATEMENT AND REMITTANCE Collector shall prepare and provide to City a monthly statement and a Monthly Remittance by the 15th day of each month of Collection Service. The monthly statement, which shall be in the form determined by the City Manager, shall set forth the basis and calculations used for computing the amount due, in the following format: 11245\0002\667403.1 -32- Draft 8/31/01 Total billings for the current billing period (including number of accounts in each Rate class, and total number for each type of special charge) + Proceeds for any State reimbursement for operation of a curbside Recycling program in the City + Revenue collected during the previous service period from Collection of Construction and Demolition Waste x ten percent (10%) = Collector Fee. Collector then calculates Monthly Remittance due to City as follows: Collector Fee payment S + Unpaid liquidated damages assessed by City against Collector = Monthly Remittance to City. 7.4 DISPUTES REGARDING REMITTANCES 7.4.1 No acceptance of any payment by City shall be construed as an accord that the, amount is in fact the correct amount, nor shall such acceptance of payment be construed as a release of any claim City may have against Collector for any additional sums payable under the provisions of this Agreement_ All amounts paid shall be subject to independent audit and recomputation by City. If, after audit, such recomputation indicates a Collector Fee underpayment, Collector shall pay to City the amount of the underpayment within ten days of receipt of written notice from City that such is the case. In addition, Collector shall pay interest on any underpayment at the highest rate allowed by law. Such interest shall commence accruing on the date the underpayment would have originally been due. If, after audit, such recomputation indicates a Collector Fee underpayment of more than two and one half percent (2.5%), Collector shall reimburse City for all reasonable costs and expenses incurred in connection with the audit and recomputation, within ten days of receipt of written notice from City that such is the case. If, after audit, such recomputation indicates a Collector Fee overpayment, City shall notify Collector in writing of the amount of the overpayment, less costs and expenses incurred in connection with the audit and recomputation. Collector may offset the payment or payments (as appropriate) next due following receipt of such notice by the amount specified therein. In case of dispute between City and Collector regarding any amounts due, Collector shall pay the amount claimed by City as due and notify City in writing at the time of 11245\0002\667403.1 -33- Draft 8/31/01 payment as to any portion that is paid under protest, specifying the basis of its claim of overpayment. 7.4.2 If either party disputes any amount remitted pursuant to this Article, the disputing party shall provide the other party with a written objection within 15 days of receipt of the remittance, indicating the reasons for the disputing party's objection to or disagreement with such amount. If the parties are not able to resolve such dispute within 30 days after the disputing party's objection, either party may pursue further legal action pursuant to Section 10.5. Nothing contained in this Section shall limit City or any authorized officer of City or any other governmental agency from raising a further objection to any amount billed by Collector as a result of an audit conducted pursuant to Section 8.4. 7.5 DELINQUENT ACCOUNTS 7.5.1 Collector shall make diligent, good faith efforts to collect delinquent payments from Subscribers. Collector shall reconcile payments made by Subscribers to amounts billed to such Subscribers. City is not in any way responsible to assist Collector in collecting delinquent accounts, or in any way responsible to compensate Collector for revenues lost due to delinquent accounts. 7.5.2 For Residential Premises, Collector shall send a first delinquency notice as part of the quarterly billing cycle immediately following the billing cycle for which the Subscriber is delinquent. If delinquent Residential Premises Subscriber has not paid in full within thirty (30) days of the mailing date of the first delinquency notice, Collector shall send a second • delinquency notice to the delinquent Residential Householder. A copy of all such second delinquency notices shall be concurrently sent to the City Manager. Each of the two delinquency notices may include a 10% late payment fee. 7.5.3 For Commercial/Industrial Premises Subscribers, Collector shall send a first delinquency notice as part of the monthly billing cycle immediately following the billing cycle for which the Subscriber is delinquent. If delinquent Commercial/Industrial Premises Subscriber has not paid in full within thirty (30) days of the mailing date of the first delinquency notice, Collector may suspend service to the delinquent Commercial/Industrial Premises account, but only if, one week prior to suspending service to the delinquent Commercial/Industrial Premises account, Collector sends a final delinquency notice to the delinquent Commercial/Industrial Subscriber clearly indicating that service will be suspended in seven (7) calendar days from the final delinquency notice date, with a copy to the City Manager. Each of the two delinquency notices may include a 10% late payment fee. 7.5.4 Collector shall provide a brief summary of the number and duration of delinquent accounts by Subscriber class with each Monthly Remittance submitted to City pursuant to 11245\0002\667403.1 -34- Draft 8/31/01 Section 7.3. Upon the expiration of the periods set forth in subsections 6.8.2 and 6.8.3, City shall act cause the delinquent payments to be placed on the tax rolls. ARTICLE 8 FINANCIAL RECORD KEEPING AND REPORTING REQUIREMENTS 8.1 ACCOUNTING AND RECORDS Collector shall maintain in its office within the City full, complete and separate financial, statistical and accounting records, pertaining to cash, billing, Disposal, and Processing transactions for City, prepared on a cash basis, and otherwise in accordance with generally accepted accounting principles. Such records shall be subject to audit and inspection. The Gross Rate Revenues and Recycling Revenues derived from the provision of Collection Services, whether such services are performed by Collector or by a subcontractor or subcontractors, shall be recorded as revenues in the accounts of Collector. Collector shall maintain and preserve all cash, billing, Disposal, and Processing records for a period of not less than three (3) years following the close of each of Collector's fiscal years. 8.2 RIGHT TO INSPECT RECORDS City and its authorized officers, agents or employees, shall at any reasonable time have the right to review and inspect Collector's records and enter Collector's premises for the purposes of such review. City shall have the right to inspect or review Disposal fee charges, compliance with service classifications, income tax returns, payroll tax reports, route maps, Subscriber lists, specific documents or records required pursuant to this Agreement, or any other similar records or reports of Collector that the City Manager shall deem, in his or her sole discretion, necessary to evaluate financial data or reports. 8.3 ANNUAL REPORTS Collector shall submit audited annual financial statements, prepared on an accrual basis by an independent accountant acceptable to City, consisting of a balance sheet, income and expense statement, statement of cash flow, and related consolidated statement of operations, and reports of operations prescribed by City for Collection Services. All such statements and reports shall be submitted no later than four (4) months following the end of Collector's fiscal year (June 30). Statements shall clearly show financial information for Collection Services provided under this Agreement separate from any and all other Collector operations. Statements shall provide information in a manner that is necessary and sufficient for reconciling any financial determinations related to this Agreement, including but not limited to including Subscriber 11245\0002\667403.1 -35- Draft 8/31/01 1 revenues, Gross Rate Revenues, Collector Fee, Recycling Revenues, liquidated damages, and Monthly Remittance amounts. Upon request, City shall have the right to review and approve Collector's proposed annual report format. 8.4 ANNUAL AUDIT OF BILLINGS If warranted by City's review of the audited financial reports prepared by Collector, City may, in its sole discretion, retain an independent certified public accountant to conduct an independent audit of billings of Subscriber accounts. The independent audit shall be conducted to determine and verify that each Subscriber is receiving the level of service for which they are billed by examining a statistically significant sample of Subscribers. Collector shall cooperate fully with City and its agents in the performance of the independent audit, including providing full and timely access to all required records, data and other information. Collector shall bear the reasonable cost of such an independent audit. ARTICLE 9 OTHER RECORD KEEPING AND REPORTING REQUIREMENTS 9.1 RECORD KEEPING 9.1.1 Collector shall maintain in its City office records of the quantities of (i) Solid Waste collected and disposed under the terms of this Agreement, (ii) Recyclables, by type, collected, purchased, processed, sold, donated or given for no compensation, and Residue disposed, and (iii) Green Waste collected, received, purchased, processed, sold, donated or given for no compensation, and Residue disposed. The records shall be subject to the inspection provisions provided in Section 9.9. 9.1.2 Collector shall maintain an auditable journal recording each instance that Solid Waste, Green Waste or Recyclables are not collected in compliance with the terms of this Agreement or applicable ordinance or regulation. The journal shall include the reason for non - collection, including but not limited to instances of Hazardous Waste found in the Solid Waste, Green Waste or Recyclables. 9.1.3 Collector's refusal or failure to file (after written notice requesting Collector to do so) any of the reports required, or to provide required information to City, or the inclusion of any false or misleading statement or representation by Collector in such report, shall be deemed a material breach of this Agreement, and shall subject Collector to all remedies, legal or equitable, which are available to City under this Agreement or otherwise. 11245\0002\667403.1 -36- Draft 8/31/01 1 9.1.4 All reports and records required under this or any other Article shall be furnished at the sole expense of Collector. 9.2 ROUTE AUDITS In order to verify reports of the amounts of Solid Waste, Green Waste and Recyclables collected and disposed of by Collector from each designated route, City shall be entitled to conduct an audit of any designated route upon demand. City will make the audit demand by telephone 48 hours prior to the regularly scheduled Collection day of the designated route. Telephone notice shall be followed by written notice and facsimile transmission (Fax) to Collector. The audit demand shall entitle City to conduct a physical route audit of any or all designated routes for the purposes of verifying Subscribers served, Disposal amounts collected, and any other information as may be deemed necessary and beneficial to City so long as the audit activity does not interfere with Collector's personnel who are servicing the route being audited. The standard route audit will include, but is not limited to: (1) certification that the Collection vehicle is empty when beginning the route; (2) verification of the addresses which are served by the designated Collection vehicle; (3) verification of the Designated Disposal Site or other facility to which the Solid Waste, Green Waste or Recyclables are taken; and (4) the quantity of Solid Waste, Green Waste and Recyclables in Tons collected from the designated route. 9.3 MONTHLY DOCUMENTS Collector shall compile and keep the following documents by month, and shall deliver the documents to the City Manager within ten (10) days of a request by the City Manager: (a) copies of waste Disposal facility weight tickets/invoices which indicate the net amount of all Solid Waste disposed during the reporting month, typical fees paid, and where the waste was disposed of, by route; and (b) copies of facility weight tickets/invoices which indicate the net amount of all Recyclables and Green Waste diverted from Disposal facilities during the reporting month, typical fees paid, and where the Recyclables and Green Waste were delivered, by route. 9.4 QUARTERLY REPORTING 9.4.1 Collector shall compile and keep the following information for each month during the quarter and shall deliver a written report thereon, signed by an officer of Collector, to the City Manager on a quarterly basis. Quarterly reports shall be submitted no later than the 25th of the month immediately following the end of the quarter, with the first quarterly report due on or before . Quarterly reports shall be submitted in hard copy, and shall be also be provided electronically in a format and using software acceptable to City. 11245\0002\667403.1 -37- Draft 8/31/01 • (a) Solid Waste Data. The average number of daily set -outs, Tons collected and delivered to the Designated Disposal Site, number of service accounts and number of Solid Waste Containers distributed by size and Subscriber for each separate Subscriber class and for each free facility service. (b) Recycling Data. The daily average of gross Tons collected by material type and by route for Residential Premises, Commercial/Industrial Premises, and for facilities receiving free service; the average number of daily set -outs by route; the total set -outs and Tonnages, by material type and by route for the quarter; the average participation rates over the quarter relative to the total number of Subscribers in terms of weekly set -out counts; quarterly totals of Recyclables processed and sold including facility name and location, average price received per Ton and total Recycling Revenue received for the quarter by material type (and grade where appropriate); any quantities, by material type, donated or otherwise disbursed without compensation; number of Recyclables Containers distributed by size and Subscriber type; quantities, by material type, collected at Collector operated buy-back and drop-off Recycling operations used by Hermosa Beach residents; and .quarterly totals and location for Residue disposed. (c) Green Waste Data. The average daily gross Tons collected by route; the average daily number of set -outs by route; the average participation rates over the quarter relative to the total number of Subscribers in terms of weekly set -out counts; the number of Green Waste Containers distributed by size and Subscriber type; and quarterly totals and location for Residue disposed (d) Household Hazardous Waste Data. Data on Household Hazardous Waste types and quantities collected through this Agreement in a form consistent with California Integrated Waste Management Board Form 303 and including addresses of all City residents using the Household Hazardous Waste program during the reporting period. (e) Complaint Log. A copy of the Complaint Log maintained pursuant to Section 3.21 of this Agreement, including a summary of the type and number of complaints. (f) Problems and Actions Taken. Narrative summary of problems encountered with Collection, Disposal, and Processing activities and actions taken; report shall indicate the type and number of notification tags left at Subscriber accounts, instances of property damage or injury, poaching or scavenging, significant changes in operation, market factors, publicity conducted, or needs for publicity; description of processed material loads rejected for sale, reason for rejection and disposition of load after rejection. (g) Disposal Summaries. Summaries of the net amount of all Solid Waste disposed during the reporting period, typical fees paid, and where the waste was disposed of by 11245\0002\667403.1 -38- Draft 8/31/01 residential and commercial service sectors. City may review all supporting documentation (which Collector shall retain) for Collector's summaries on Collector's business premises after giving 48 hours written notice of such a request. (h) Market Price. Average market prices for each material sold, and Processing charges or acceptance fees for Green Waste, Recyclables, and other applicable materials. 9.5 ANNUAL REPORTING Annual reports shall be submitted no later than March 1s` for the previous calendar year. Annual reports shall be submitted in hard copy, and shall be also be provided electronically in a format and using software acceptable to City. The annual report shall summarize the numerical information contained in the quarterly reports. In addition, the annual reports shall include: (a) A summary of the prior year's monthly Collector Fee payments. (b) Account data including the number of accounts, account names and addresses of Collection locations per each service category. (c) An updated complete inventory of Collection and major Processing equipment including stationary, rolling stock and Collection Containers by type and size. (d) Public education and information activities undertaken during the year, including distribution of bill inserts, Collection notification tags, and community information and events, tours and other activities related to the provision of Collection Services. The report shall discuss the impact of these activities on Recycling and Green Waste participation and amounts collected. (e) An analysis of Residential and Commercial Recycling Collection, Processing and marketing issues or conditions (such as participation, setouts, contamination, etc) and possible solutions. (f) As necessary, recommendations for program modifications or new programs including cost estimates to meet Diversion mandates specified in the Act. (g) A list of Collector's officers and members of its board of directors. (h) A list of stockholders or other equity investors holding five percent (5%) or more of the voting interest in Collector and any subsidiaries. 9.6 ADVERSE INFORMATION 11245\0002\667403.1 -39- Draft 8/31/01 • • 9.6.1 Collector shall provide City two (2) copies of all reports or other material adversely affecting this Agreement, submitted by Collector to the United States Environmental Protection Agency (EPA), the California Integrated Waste Management Board (CIWMB), or any other federal, State, or local agency. Copies shall be submitted to City simultaneously with Collector's filing of such matter with those agencies. Collector's routine correspondence to those agencies need not be automatically submitted to City, but shall be made available to City upon written request. 9.6.2 Collector shall submit to City copies of all pleadings, applications, notifications, communications and documents of any kind, submitted by Collector to, as well as copies of all decisions, correspondence and actions by, any federal, State and local courts, regulatory agencies and other government bodies relating specifically to Collector's performance of services pursuant to this Agreement. Any confidential data exempt from public disclosure under the California Public Records Act. Government Code Section 6250 et. seq., shall be retained in confidence by City and its authorized agents and shall not be made available for public inspection unless otherwise ordered by a court of law. 9.7 ADDITIONAL REPORTING Collector shall furnish City with any additional reports as may reasonably be required that sets forth all information required by City including but not limited to any Recycling, Green Waste, or Household Hazardous Waste activities. These reports shall be prepared and submitted in the form specified by City. Collector shall bear the cost of such additional reporting. • 9.8 OTHER RELATED REQUIREMENTS 9.8.1 Waste Characterization Studies. Collector shall cooperate with and assist City in the performance, if and as needed, of periodic waste characterization studies. 9.8.2 Collection Monitoring. Collector shall monitor its Collection of Recyclables and Green Waste to identify occurrences of, and to prevent, contamination of Recyclables and Green Waste. Collector shall allow a person designated by the City Manager to ride with Collector's Collection vehicles on any route or routes. The City Manager will inform Collector at least one week in advance prior to date of route monitoring. 9.9 INSPECTION BY CITY The City Manager shall have the right to observe and review Collector's operations and equipment, and to enter Collector's premises for the purposes of such observations and review at any time with reasonable advance notice. 11245\0002\667403.1 -40- Draft 8/31/01 9.10 PERIODIC REVIEW City will periodically review the performance of Collector based on Subscriber complaints, timely payment of sums due, statistical reporting, program progress, etc. This review will be conveyed to the Council, and Collector may review the report and submit its own statement. 9.11 PERFORMANCE REVIEW City, at its sole discretion, may require up to three times during the Term, a Performance Review subject to the terms and conditions of this Section 9.11. 9.11.1 The Performance Review shall be performed by a qualified firm under contract to City. The qualified firm shall be selected by City with input from Collector. Notwithstanding, City shall have the sole discretion in selecting the qualified firm to conduct the performance review. 9.11.2 The costs of the Performance Review shall be equally shared by Collector and City. However, if the Performance Review finds a material breach or default in Collector's performance, Collector shall in a timely manner reimburse City the total cost of the Performance Review. 9.11.3 The performance review shall address all appropriate areas that may include, but are not limited to, the following areas, and shall provide specific recommendations, as appropriate, for improvement in each area: a. Compliance with the terms of this Agreement and Applicable Laws. b. Overall organizational structure and management systems and procedures. c. Efficiency of Collection operations, including an analysis of routes, schedules and the impact to Agreement requirements. d. Staffing practices, including the deployment of management and supervisory personnel. e. Financial management practices, including Collector's billing and Collection system and its policies with regard to uncollected Subscriber accounts. f. Personnel management practices, including compensation policies and the resolution of employee grievances. Employee job and safety training, and management of Hazardous Waste. 11245\0002\667403.1 -41- Draft 8/31/01 h. Procedures for receiving and resolving Subscriber complaints and concerns. i. Procedures for the acquisition, maintenance, safety check, and replacement of equipment. j. Utilization and management of facilities, equipment and personnel. k. Comparison with practices of businesses deemed similar to Collector. 9.11.4 Collector shall cooperate fully with the Performance Review, and provide within thirty (30) days of request, all operational, financial and other information deemed reasonable or convenient by City or the firm for purposes of conducting the Performance Review. Collector's failure to cooperate or provide all requested information shall be considered an event of Default. 9.11.5 In conjunction with any Performance Review, City reserves theright to require changes to Collector's operations, which City determines to be necessary or appropriate by reason of the findings or results of the Performance Review to carry out the intent of the terms and conditions of this Agreement. City may not, pursuant to this Section 9.11.5, require that lower Rates for Collection Services be charged. ARTICLE 10 BREACH AND TERMINATION 10.1 DEFAULT; NOTICE 10.1.1 All terms and specifications of this Agreement are material and binding, and failure to perform any portion of the work described herein shall be considered a breach of this Agreement. Subject to the extensions of time set forth in Section 10.7, and to the notice provisions of Section 10.1.2, failure or delay by either party to perform any term or provision of this Agreement constitutes a default under this Agreement. The party who so fails or delays must immediately commence to cure, correct, or remedy such failure or delay and shall complete such cure, correction or remedy with reasonable diligence during the cure period. 10.1.2 Neither party may exercise any rights or remedies upon a default by the other party, unless and until such default continues for a period of seven (7) days after written notice thereof from the non -defaulting party. Provided, however, that if the nature of the default is such that more than seven (7) days are reasonably required for its cure, then the defaulting party shall not be deemed to be in default if it has commenced a cure within the seven (7) day period and thereafter diligently prosecutes such cure to completion within thirty (30) days after receipt of 11245\0002\667403.1 -42- Draft 8/31/01 written notice thereof. No additional time to cure shall be allowed for failure to pay any amount due to City under this Agreement, or if the nature of the default is such that the health, welfare, or safety of the public is endangered as determined by the City Manager. The notice of default shall specify the default complained of by the injured party. In the event of any conflict between the cure periods set forth in this Section 10.1.2 and any shorter cure periods set forth in a specific Section of this Agreement, the cure periods set forth in the specific Section shall control. 10.1.3 Delay in giving a notice of default shall not constitute a waiver of any default nor shall it change the time of default. Any failures or delays by either party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies, nor deprive either party of its right to institute and maintain any actions or proceedings which it may deem necessary to protect, assert, or enforce any such rights or remedies. 10.2 NOTICE; RESPONSE; RESOLUTION; APPEAL 10.2.1 Notice: Response. If the City Manager determines that Collector's performance pursuant to this Agreement may not be in conformity with the provisions of this Agreement, the Act (including, but not limited to requirements for Diversion, source reduction and Recycling as to the waste stream subject to this Agreement), or any other Applicable Law, including but not limited to, the laws governing transfer, storage or Disposal of Solid Waste or Hazardous Waste, the City Manager may advise Collector in writing of such suspected deficiencies, specifying the deficiency in reasonable detail, pursuant to Section 10.1. Collector shall correct the deficiencies to the satisfaction of the City Manager and respond to the notice of default within the time periods set forth in subsection 10.1.2. 10.2.2 Review by City Manager: Notice of Appeal. The City Manager shall review any written response from Collector and decide the matter. If the City Manager's decision is adverse to Collector, the City Manager may order remedial actions to cure any deficiencies, or invoke any other remedy in accordance with this Agreement and, in the event the City Manager determines that there has been a material breach and that termination is the appropriate remedy, terminate this Agreement. The City Manager shall promptly inform Collector of the City Manager's decision. In the event the decision is adverse to Collector, the City Manager shall inform Collector, in writing, of the specific facts found and evidence relied on, and legal basis in provisions of this Agreement or other laws for the City Manager's decision and any remedial action taken or ordered. An adverse decision by the City Manager shall be final and binding on Collector unless Collector files a "Notice of Appeal" with the City Clerk (with copies to the City 11245\0002\667403.1 -43- Draft 8/31/01 • Manager and City Attorney) within seven (7) days of receipt of the notification of the adverse decision by the City Manager. In any "Notice of Appeal" to the City Council, Collector shall state all of its factual and legal contentions, citing provisions of this Agreement or other laws to support its contentions. Within twenty-one (21) days of the effective date of the Notice of Appeal, Collector shall deliver to the City Clerk three (3) copies of all relevant affidavits, documents, photographs and videotapes that Collector may choose to submit. 10.2.3 City Council Hearing. If a matter is referred by the City Manager to the City Council, or an adverse decision of the City Manager is appealed to the City Council by Collector, the City Council will set the matter for a hearing and act on the matter. The City Clerk shall give Collector thirty (30) days written notice of the time and place of the hearing. At the hearing, the City Council shall consider the administrative record, including the following: (a) A staff report by the City Manager, summarizing the proceedings to date and outlining the City Council's options; (b) The City Manager's written Notice of Default. (c) Collector's response to the Notice of Default; (d) The City Manager's written notification to Collector of adverse decision; (e) Collector's Notice of Appeal to the City Clerk. No new legal issues may be raised, or new evidence submitted by Collector at this or at any further point in the proceedings, absent a showing of good cause. Collector's representatives and other interested persons shall be provided a reasonable opportunity to be heard. 10.2.4 City Council Determination. Based on the administrative record, the City Council shall determine by resolution whether the decision or order of the City Manager should be upheld. A tie vote of the City Council shall be regarded as upholding the decision of the City Manager. If, based upon the administrative record, the City Council determines that the performance of Collector is in breach of any Agreement Term or any provision of any applicable federal, State or local statute or regulation, the City Council, in the exercise of its discretion, may order Collector to take remedial actions to cure the breach or impose any other remedy in accordance with this Agreement, including but not limited to termination. The decision or order. of the City Council shall be final and binding. 10.2.5. Continued Performance by Collector. Collector's performance under this Agreement is not excused during the period of time prior to a final determination as to whether 11245\0002\667403.1 -44- Draft 8/31/01 or not Collector's performance is in material breach of this Agreement, or the time set by City for Collector to discontinue a portion or all of its services pursuant to this Agreement. 10.3 TERMINATION FOR CAUSE 10.3.1 City reserves the right to terminate this Agreement in the event that Collector fails to cure any default within the applicable cure periods. City shall further have the right to terminate this Agreement upon the occurrence of one or more of the following: (a) if Collector violates any material provision of any Applicable Law; (b) if Collector fails to maintain the insurance required by Section 5.2, or fails to pay to City any monies due City pursuant to this Agreement, and fails to remedy such default within five (5) days after written notice thereof from City; (c) if, after City has reviewed the results of a particular performance review conducted pursuant to Section 9.11 of this Agreement, including problem areas, frequency of occurrence, recommended improvements and compliance therewith, and has considered any evidence presented by Collector in connection therewith, City determines to its satisfaction that any material default has occurred, then this Agreement may be terminated by City at its option pursuant to this Article 10; (d) there is a seizure or attachment (other than a prejudgment attachment) of, or levy affecting possession on, the operating equipment of Collector, including without limit its vehicles, maintenance or office facilities, or any part thereof of such proportion as to impair Collector's ability to perform under this Agreement and which cannot be released, bonded, or otherwise lifted within forty-eight (48) hours excluding weekends and Holidays; (e) Collector fails to provide reasonable assurances of performance as required under Section 10.8; (f) Collector fails to notify City in a timely manner of any receipt of notice of violation or official communication from those regulatory agencies regulating Solid Waste, Recyclables, and Green Waste Collection, transportation, Processing or Disposal activities, or street sweeping activities; 11245\0002\667403.1 -45- Draft 8/31/01 1 • (g) If Collector violates any orders or filings of any regulatory body having jurisdiction over Collector relative to this Agreement, provided that Collector may contest any such orders or filings by appropriate proceedings conducted in good faith, in which case no breach of this Agreement shall be deemed to have occurred until a final decision adverse to Collector is entered; (h) if Collector ceases to provide Collection service as required under this Agreement over all or a substantial portion of the area within the City, for a period of two days of more, for any reason within the control of Collector, including labor disputes; (1) if Collector fails to make any payment required under this Agreement and/or refuses to provide City with required information, reports, and/or records in a timely manner as provided for in this Agreement; 10.3.2 Notwithstanding Section 10.1, City reserves the right to terminate this Agreement, without the need to provide Collector an opportunity to cure, in the event of any of the following: (a) if Collector practices, or attempts to practice, any fraud or deceit upon City, or practiced any fraud or deceit or made any misrepresentations in the negotiations which preceded the execution of this Agreement; (b) if Collector fails to submit, or resubmit after initial rejection, any of the implementation plans required by Sections 4.2, 4.3, 4.4, 4.5, 4.6, 4.7 or 4.8, in a form and content acceptable to the City Manager, on or before ; or (c) if Collector has received three (3) or more written notices of default issued pursuant to Section 10.1 or paragraph (b) of Section 10.3.1 above in any twelve (12) month period, irrespective of whether or not the act or omission set forth in the notice was corrected or remedied within the time set forth in the notice, but excluding written notices of default where, after investigation, the City Manager or City Council has determined that no default occurred. 10.4 LIQUIDATED DAMAGES 10.4.1 All time limits and acts required to be done by this Agreement are essential elements of this Agreement. Should Collector fail to perform or complete the work required to be done at the time set forth in this Agreement, it is mutually understood and agreed that the public will necessarily suffer damages and that such damages, from the nature of the default in performance will be extremely difficult and impractical to fix. City finds, and Collector agrees, that as of the time of the execution of this Agreement, it is impractical, if not impossible, to reasonably ascertain the extent of damages which will be incurred by City as a result of a material breach by Collector of its obligations under this Agreement. The factors relating to the impracticability of ascertaining damages include, but are not limited to, the fact that: 11245\0002\667403.1 -46- Draft 8/31/01 (i) substantial damage results to members of the public who are denied services or denied quality or reliable service; (ii) such breaches cause inconvenience, anxiety, frustration and deprivation of the benefits of this Agreement to individual members of the general public for whose benefit this Agreement exists, in subjective ways and in varying degrees of intensity which are incapable of measurement in precise monetary terms; (iii) services might be available at substantially lower costs than alternative services, and the monetary loss resulting from denial of services or denial of quality or reliable services is impossible to calculate in precise monetary terms; and (iv) the termination of this Agreement for such breaches, and other remedies are, at best, a means of future correction and not remedies which make the public whole for past breaches. 10.4.2 In the event that Collector fails to perform Collection Services hereunder such that there is a complete or near complete cessation in Collection Services, the City Council may, in its discretion, assess liquidated damages not to exceed the sum of Five Thousand Dollars per day, for each calendar day that service is not provided by Collector in accordance with this Agreement. The liquidated damages schedule set forth in Section 10.4.3 shall not apply in the event of such a complete or near complete cessation of services. 10.4.3 The City Manager or City Council (as indicated below) may impose the following liquidated damages upon Collector, in addition to any other available remedies City may have. Only the City Council, however, may impose liquidated damages for Items (d), (e), (g), (k), and (1). Occurrence Payment per Occurrence a. For each failure to commence service to a Subscriber $25.00 account within seven (7) days after order: b. For each failure to collect Solid Waste which has been $25.00 properly delivered for Collection, from an established Subscriber account on the scheduled Collection day: c. For each occurrence of excessive noise (as measured $25.00 by a decibel meter): d. For each occurrence of discourteous behavior: $25.00 e. For each failure to immediately clean up material $50.00 spilled by Collector from Solid Waste, Recycling or 11245\0002\667403.1 -47- Draft 8/31/01 Green Waste Containers: f. For each occurrence of collecting Solid Waste, Recyclables or Green Waste during unauthorized hours: $50.00 For each failure to respond to a Subscriber complaint $25.00 within the relevant time period: For each failure to have Collection workers dressed in suitable and acceptable uniform clothing and badge or other method of identification (per employee per day): $25.00 For each failure to remedy a complaint which is found $100.00 to be justified by the City Manager within two (2) business days after notification by the City Manager (each day): k. For each failure to maintain any Collection vehicle in $100.00 accordance with the specifications in this Agreement after twenty-four (24) hours notification by the City Manager (per vehicle per day used in performance of this Agreement): 1. For each failure to notify the City Manager of material $100.00 operational changes (each day): m. Any report shall be considered late until such time the $50.00 City receives a materially correct and complete report. For each business day a report is late: n. For each business day an annual financial statement $100.00 pursuant to Section 8.3 is late: The above amounts shall be automatically adjusted on each anniversary date of the Effective Date to reflect 100% of the changes in the Consumer Price Index for the preceding twelve (12) month period. 10.4.4 City may determine the occurrence of events giving rise to liquidated damages through the observation of its own employees or representative, by Collector's reports, or by investigation of Subscriber or resident complaints. The actual cost of investigation by the City 11245\0002\667403.1 -48- Draft 8/31/01 Manager of any failure or violation may be assessed in addition to the above schedule of liquidated damages, computed at the then current rate per hour of staff time plus any direct costs. If City equipment is used to pick up misses or respond to complaints, all direct costs plus staff time (including overhead) shall be charged to Collector. 10.4.5 City finds, and Collector acknowledges and agrees, that the above-described liquidated damages provisions represent a reasonable sum in light of all of the circumstances. These liquidated damages sums shall be applicable to each calendar day of delay during which Collector has been found by the City Council or City Manager (as the case may be) to be in breach of this Agreement. If the City Council or City Manager, as the case may be, assesses such liquidated damages, the City Manager shall so notify Collector in writing and send a copy of the notice to the City Director of Finance. Collector shall have the right to appeal the City Manager's determination pursuant to the procedures set forth in Section 10.2 for appeal of a decision of the City Manager regarding a notice of default. Any such appeal must be made within ten (10) days after the City Manager has notified Collector of his/her determination to levy liquidated damages. 10.4.6 Separate from or in addition to assessing liquidated damages pursuant to Sections 10.4.2 or 10.4.3, City may also at its sole discretion promptly secure, or direct Collector to promptly secure, at Collector's sole expense, substitute services, satisfactory to City, for when Collector is in breach, upon the same terms and conditions as provided in this Agreement. 10.5 INSTITUTION OF LEGAL ACTIONS In addition to any other rights or remedies, either party may institute legal action to cure, correct, or remedy any default, to recover damages for any default, or to obtain any other remedy consistent with the purpose of this Agreement, including but not limited to injunctive relief, except that there shall be no right to terminate this Agreement except as set forth in Article 10 of this Agreement. Both parties recognize and agree that in the event of a breach under the terms of this Agreement by Collector, City may suffer irreparable injury and incalculable damages sufficient to support injunctive relief to enforce the provisions of this Agreement and to enjoin the breach thereof. Should City institute any action for damages, however, any such claim for damages shall be offset by the amount of liquidated damages assessed pursuant to Sections 10.4.2 and 10.4.3, and paid to City by Collector, to the extent such liquidated damages apply to the matter for which the action was filed. 10.6 CUMULATIVE RIGHTS City's rights to terminate this Agreement or to impose liquidated damages are in addition to any other rights of City upon a failure of Collector to perform its obligations under this Agreement. 11245\0002\667403.1 -49- Draft 8/31/01 10.7 ENFORCED DELAY; EXTENSION OF TIME OF PERFORMANCE 10.7.1 In addition to specific provisions of the Agreement, performance by any party hereunder shall not be deemed to be in default, in the event they are prevented from so performing by reason of floods, earthquakes, tsunamis, other "Acts of God", war, civil insurrection, riots, and other similar catastrophic events that are beyond the control of and not the fault of the party claiming excuse from performance hereunder, which such party could not have avoided by exercising due diligence and care and regarding which such party shall use all reasonable efforts that are practically available to it in order to correct such condition. 10.7.2 None of the following are to be considered an excuse from performance, and Collector shall be obligated to continue to provide service notwithstanding the occurrence of any or all of such events: (a) general economic conditions, interest or inflation rates, or currency fluctuation or changes in the cost of fuel, commodities, supplies or equipment; (b) changes in the financial condition of Collector or any of its subcontractors affecting their ability to perform their obligations; (c) the consequences of errors, neglect or omissions by Collector, or any subcontractor; (d) failure of any subcontractor or supplier to furnish labor, materials, service or equipment; (e) equipment failure; (f) changes in market prices for, or the unavailability of markets for, the sale or purchase of Recyclables; (g) the availability of any Disposal site or Processing facility; (h) labor unrest, including but not limited to strike, work stoppage or slowdown, sickout, picketing, or other concerted job action conducted by Collector's, employees or directed at Collector, or a subcontractor. In the case of labor unrest or job action directed at a third party over whom Collector has no control, however, the inability of Collector to make Collections due to the unwillingness or failure of the third party to provide reasonable assurance of the safety of Collector's employees while making Collections or to make reasonable accommodations regarding Container placement and point of delivery, time of Collection, or other operating circumstances to minimize any confrontation with pickets or the number of persons necessary to make Collections, shall, to that limited extent, excuse performance. The foregoing excuse shall be conditioned on Collector's cooperation in making Collection at different times and in different locations. 10.7.3 Notwithstanding anything to the contrary in this Agreement, an extension of time for any such cause shall be for the period of time reasonable in light of the enforced delay. The extension of time shall commence to run from the time of the commencement of the cause, so long as the party claiming the extension has notified the other party in writing of the nature of the matter constituting the enforced delay within two (2) days after such party has notice of such cause, giving the other party notice of the facts constituting such cause and asserting its claim to excuse under this Section 10.7. 10.7.4 The partial or complete interruption or discontinuance of Collector's services caused by one or more of the events described in this Section 10.7 and constituting an excuse 11245\0002\667403.1 . -50- Draft 8/31/01 from performance shall not constitute default by Collector under this Agreement. Notwithstanding the foregoing, however, (i) the existence of an excuse from performance shall not affect City's rights under Section 10.6 and (ii) if Collector is excused from performing its obligations hereunder for any of the causes listed in this Section 10.7 for a period of thirty (30) days or more, other than as the results of third party labor disputes where service cannot be provided for reasons described earlier in this Section 10.7,.City shall nevertheless have the right, in its sole discretion, to terminate this Agreement by giving ten (10) days notice, in which case the provisions of Section 10.9 shall apply. 10.7.5 Notwithstanding any other provision of this Agreement, the City Manager, in his or her sole discretion, may authorize the extension of any of the time periods set forth in this Agreement, for a period not to exceed sixty (60) days. No such extension shall be valid unless in writing and signed by the City Manager. 10.8 RIGHT TO DEMAND ASSURANCES OF PERFORMANCE If Collector is (i) the subject of any labor unrest including work stoppage or slowdown, sickout, picketing or other concerted job action; (ii) appears in the reasonable judgment of City to be unable to regularly pay its bills as they become due; or (iii) is the subject of a civil or criminal investigation, charge, or judgment or order entered by a federal, state, regional or local agency for violation of a law relating to performance under this Agreement, and City Council believes in good faith that Collector's ability to perform under this Agreement has thereby been placed in substantial jeopardy, City may, at its option and in addition to all other remedies it may have, demand from Collector reasonable assurances of timely and proper performance of this Agreement, in such form and substance as the City Council believes in good faith is reasonably necessary in the circumstances to evidence Collector's continued ability to perform under this Agreement. If Collector fails or refuses to provide satisfactory assurances of timely and proper performance in the form and by the date required by City, such failure or refusal shall be a basis for termination for cause pursuant to Section 10.3. 10.9 CITY'S RIGHT TO PERFORM UPON DEFAULT 10.9.1 City's Right to Perform. In addition to any and all other legal or equitable remedies, in the event that Collector, for any reason whatsoever, fails, refuses or is unable to perform any Collection Service at the time and in the manner provided in this Agreement, and if, as a result thereof, should Solid Waste accumulate in the City to such an extent, in such a manner, or for such a time that the City Manager should find that such accumulation endangers or menaces the environment, public health, safety or welfare, then City shall have the right, but not the obligation, without payment to Collector upon twenty-four (24) hours prior notice to Collector during the period of such emergency as determined by City Manager or his/her designee, to do either one or both of the following: (i) cause to be performed such services with 11245\0002\667403.1 -51- Draft 8/31/01 other personnel without liability to Collector; (ii) to take possession of any or all of Collector's land, equipment and other property used or useful in providing one or more of the Collection Services and to provide one or more of the Collection Services. Should City take possession of Collector's equipment and other property pursuant to this Section 10.9, City shall exercise reasonable, ordinary care in the use of the equipment and property. 10.9.2 Notice. Notice of Collector's failure, refusal or neglect to perform one or more Collection Services may be given orally by telephone to Collector at its principal office and shall be effective immediately. Written confirmation of such oral notification shall be sent to Collector within twenty-four (24) hours of the oral notification. 10.9.3 Collector's Cooperation. Collector further agrees that in such event: (a) It shall fully cooperate with City to affect the transfer of possession of property to City for City's use. (b) It shall, if City so requests and to the extent feasible, keep in good repair and condition all of such property, provide all motorvehicles with fuel, oil and other service, and provide such other service as may be necessary to maintain the property in operational condition. 10.9.4 Not a Taking by City. City's exercise of its contractual rights under this Section 10.9: (i) does not constitute a taking of private property for which compensation must be paid; (ii) shall not create any liability on the part of City to Collector; and (iii) does not exempt Collector from the indemnity provisions of Section 5.1, which are meant to extend to circumstances arising under this Article 10, provided that Collector is not required to indemnify City against claims and damages that are solely caused by the established active negligence or willful misconduct of City officers, employees, agents, or volunteers acting under this Section 10.9. City shall not effect a permanent taking of Collector's property pursuant to this Section 10.9. 10.9.5 Possession of Collector's Property. City's right to retain temporary possession of Collector's property, and to provide one or more Collection Services shall continue until Collector can demonstrate to City's satisfaction that it is ready, willing and able to resume such services. City has no obligation to maintain possession of Collector's property or continue its use in performing one or more Collection Services for any period of time and may, at any time, in its sole discretion, relinquish possession to Collector. ARTICLE 11 ASSIGNMENT 11245\0002\667403.1 -52- Draft 8/31/01 11.1 ASSIGNMENT OF AGREEMENT Collector shall not assign, sell, subcontract or otherwise delegate authority to perform any portion of this Agreement, including but not limited to a sale, exchange or other transfer of substantially all of Collector's assets dedicated to service under this Agreement to a third party, or between a subsidiary and a parent company or Related Party; without the prior express written approval of City. In the event of any assignment duly authorized by City, the assignee shall assume the liability of Collector. 11.2 TRANSFER OF STOCK OR INTEREST No sale, gift, or.transfer of stock or other interest of Collector, including but not limited to any reorganization, consolidation, merger recapitalization, stock issuance or re -issuance, voting trust, pooling agreement, escrow arrangement, liquidation or other transaction to which Collector or any of its shareholders is a party, which would result in a change of Control of Collector, shall be made without prior written approval of the City Council. Violation of this provision shall be a breach of this Agreement and grounds for termination by City without the need for compliance with the notification requirements of Section 10.1. This Section 11.2 shall not apply to the transfer of stock by bequest or interstate succession. 11.3 BANKRUPTCY If Collector shall at any time during the Term become insolvent, or if proceedings in bankruptcy shall be instituted by or against Collector, or if Collector shall be adjudged bankrupt or insolvent by any court, or if a receiver or trustee in bankruptcy or a receiver of any property of Collector shall be appointed in any suit or proceeding brought by or against Collector, or if Collector shall make an assignment for the benefit of creditors, then and in each and every such case, this Agreement shall immediately cease, terminate, and be canceled upon written notice by City and without the necessity of suit or other proceeding. , 11.4 REQUIREMENTS OF COLLECTOR 11.4.1 If Collector requests City's consideration of and consent to an assignment, City may deny or approve such request in its complete discretion. City need not consider any request by Collector for consent to an assignment unless and until Collector has met the following requirements: (a) Collector shall pay to City the transfer fee described in Section 11.5. (b) Collector shall furnish City with audited financial statements of the proposed assignee's operations for the immediately preceding five (5) operating years. 11245\0002\667403.1 -53- Draft 8/31/01 • • (c) Collector shall furnish City with satisfactory proof that the proposed assignee has the demonstrated technical capability to perform all Collection Services, including: (i) that the proposed assignee has at least 10 years of experience in the provision and management of Solid Waste and Recyclables Collection Services on a scale equal to or exceeding the scale of operations conducted by Collector under this Agreement; (ii) in the last five (5) years, the proposed assignee has not suffered any significant citations or other censure from any State, federal or local agencies and the assignee has provided City with a complete list of such citations and censures; (iii) the proposed assignee has at all times conducted its operations in a environmentally safe and conscientious fashion; (iv) the proposed assignee conducts its Solid Waste and Recyclables Collection Services in accordance with sound Solid Waste and Recyclables practices, and in full compliance with all federal, State and local laws regulating the Collection and Disposal of Solid Waste including hazardous substances; and (v) any other information required by City to ensure the proposed assignee can fulfill the terms of this Agreement in a timely, safe and effective manner. 11.5 APPLICATION AND TRANSFER FEE Any application for an assignment transfer shall be made in a manner prescribed by the City Manager. The application shall include a transfer fee in the amount of Twenty -Five Thousand Dollars ($25,000) to cover the cost of all direct and indirect administrative expenses including consultants and attorneys, necessary to adequately analyze the application and to reimburse City for all direct and indirect expenses. In addition, Collector shall reimburse City for any and all additional costs related to the assignment requested and not covered by the transfer fee. Bills shall be supported with evidence of the expense or cost incurred. Collector shall pay such bills within (30) days of receipt. The transfer fees are over and above any Collector Fees specified in this Agreement. 11.6 TRANSITION If City consents to an assignment, Collector shall cooperate with City and subsequent collector(s) or subcontractor(s) to assist in an orderly transition, including but not limited to Collector providing route lists and billing information. ARTICLE 12 MISCELLANEOUS PROVISIONS 12.1 INDEPENDENT CONTRACTOR 11245\0002\667403.1 -54- Draft 8/31/01 • • Collector is, and shall at all times remain as to City, a wholly independent contractor. Collector shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Collector or any of Collector's employees, except as set forth in this Agreement. Collector shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner employees of City. Collector shall be solely responsible for the acts and omissions of its officers, employees, subcontractors and agents. Collector or its officers, employees, subcontractors and agents shall obtain any rights to retirement benefits, workers' compensation benefits, or any other benefits that accrue to City employees by virtue of their employment with City. 12.2 FEES AND GRATUITIES Collector, its officers, agents or employees are prohibited from requesting, soliciting, demanding, or accepting, either directly or indirectly, any compensation or gratuity other than as set forth in this Agreement for the Collection of Solid Waste, Green Waste and Recyclables otherwise required to be collected under this Agreement. Nor shall Collector, its officers, agents or employees provide, directly or indirectly, any gifts or gratuities to any City employee. Notwithstanding the foregoing, employees of Collector may accept gifts freely offered by Subscribers. 12.3 GOVERNING LAW This law of the State of California shall govern this Agreement. In the event of litigation between the parties, venue in State trial courts shall lie exclusively in Los Angeles County. In the event of litigation in a United States District Court, exclusive venue shall lie in the Central District of California. 12.4 ATTORNEYS' FEES Should legal action be brought by either party to enforce any provision of this Agreement, the prevailing party in such action shall be entitled to its reasonable attorneys' fees, court costs, and other litigation expenses including, without limitation, expenses incurred for preparation and discovery, expert witness fees, and expenses relating to appeals, if any. The entitlement to recover such fees, costs and expenses shall accrue upon the commencement of the action regardless of whether the action is prosecuted to final judgment. 12.5 SUBCONTRACTING Collector shall not engage any subcontractors for Collection of Solid Waste, Recyclables, or Green Waste without the prior written consent of City. 11245\0002\667403.1 -55- Draft 8/31/01 12.6 AGREEMENT AS COLLATERAL Collector shall only use this Agreement as collateral to secure any loan if proceeds of the loan are used exclusively for the provision of services under this Agreement and only upon prior written consent of the City Manager. Collector shall not create an incumbrance or lien against this Agreement without the prior written consent of the City Manager. 12.7 BINDING ON SUCCESSORS The provisions of this Agreement shall inure to the benefit to and be binding on the successors and permitted assigns of the parties. 12.8 TRANSITION TO THE NEXT COLLECTOR One (1) year prior to the conclusion of the term, and in order to assist with the competitive bid process, Collector shall provide City with such information as may reasonably be requested, including, but not limited to, route maps, account names and phone numbers, and level of service provided. Failure to provide full cooperation may at City's sole discretion preclude Collector from participating in any competitive bid process. 12.9 PARTIES IN INTEREST Nothing in this Agreement, whether express or implied, is intended to confer any rights on any persons other than the parties to it and their representatives, successors and permitted assigns. 12.10 WAIVER The waiver by either party of any breach or violation of any provisions of this Agreement - shall not be deemed to be a waiver of any breach or violation of any other provision nor of any subsequent breach or violation of the same or any other provision. The subsequent acceptance by either party of any monies that become due hereunder shall not be deemed to be a waiver of any preexisting or concurrent breach or violation by the other party of any provision of this Agreement. 12.11 CONDEMNATION In addition to its rights under Section 10.9, City fully reserves the rights to acquire Collector's property utilized in the performance of this Agreement, by purchase or through the exercise of itspower of eminent domain. 12.12 ENTIRE AGREEMENT 11245\0002\667403.1 -56- Draft 8/31/01 This Agreement, consisting of pages and 4 Exhibits, represents the full and entire Agreement between the parties regarding the matters covered herein. 12.13 CAPTIONS The captions in this Agreement are for convenience of reference only and are not intended to be used in the construction of this Agreement nor to alter or affect any of its provisions. 12.14 REFERENCES TO LAWS All references in this Agreement to laws shall be understood to include such laws as they may be subsequently amended or recodified, unless otherwise specifically provided. 12.15 REFERENCE TO DAYS All references to days herein are to calendar days, including Saturdays, Sundays and Holidays, except as otherwise specifically provided. 12.16 INTERPRETATION This Agreement shall be interpreted and construed reasonably and neither for nor against either party, regardless of the degree to which either party participated in its drafting. Each of the parties has received the advice of legal counsel prior, to signing this Agreement. Each party acknowledges no other party or agent or attorney has made a promise, representation, or warranty whatsoever, express or implied, not contained herein concerning the subject matter herein to induce another party to execute this Agreement. The parties agree no provision or provisions may be subject to any rules of construction based upon any party being considered the party "drafting" this Agreement. 12.17 AMENDMENT This Agreement may not be modified or amended in any respect except by a writing signed by the parties. 12.18 SEVERABILITY If any non -material provision of this Agreement is for any reason deemed to be invalid and unenforceable, the invalidity or unenforceability of such provision shall not affect any of the remaining provisions of this Agreement that shall be enforced as if such invalid or unenforceable provision had not been contained herein. Notwithstanding the foregoing, however, the provisions of this Agreement reserving to City the right and power to require the use of the Designated Disposal Site and the Designated Green Waste Processing Facility shall not be 11245\0002\667403.1 -57- Draft 8/31/01 deemed to be severable from the other provisions hereof. In the event such provisions are held in any legal proceeding which is binding upon City to be null, void, in excess of City powers or otherwise invalid or unenforceable, and Collector as a result thereof, utilizes a Disposal site other than the Designated Disposal Site, this entire Agreement may at City's sole discretion terminate without any liability of City to Collector. 12.19 COUNTERPARTS This Agreement may be executed in counterparts each of which shall be considered an original. 12.20 EXHIBITS Each of the Exhibits identified is attached hereto and incorporated herein and made a part hereof by this reference. Executed as of the day first above stated: For City of Hermosa Beach For Collector Steve Burrell Name: City Manager Title: Approved as to Form: Michael Jenkins City Attorney 11245\0002\667403.1 -58- Draft 8/31/01 EXHIBIT A LIST OF RESIDENTIAL CURBSIDE RECYCLABLES Newspaper Corrugated cardboard Aluminum, steel, and bi-metal containers Junk mail Envelopes Magazines White and colored office paper Computer paper Chip board All #1 PETE containers All #2 HDPE containers 11245\0002\667403.1 Page 1 of 1 DRAFT 8/31/01 EXHIBIT B SCHEDULE OF APPROVED BASE RATES , 2001 11245\0002\667403.1 Page 1 of 1 DRAFT 8/31/01 • • EXHIBIT C PERFORMANCE STANDARDS 1. Company Standards A. Services are to be completed in thorough and professional manner that constitutes litter -free, reliable, timely, courteous and high-quality service. B. Collector shall at all times perform its duties using best industry practice for comparable operations. C. Personnel shall conduct themselves in a courteous, workmanlike manner. D. Personnel shall dress in clean, uniform shirts with suitable identification. E. Color and appearance of Collection vehicles, Containers, employee uniforms, and public education materials provided by Collector shall be designed to provide a standard representation of the company. If subcontractors are included, a distinct but uniform appearance of the subcontractor equipment, vehicles, and personnel is allowed. 2. Collection Containers A. Collector shall provide Containers for storage of materials that shall be designed and constructed to be watertight and prevent the leakage of liquids. All Containers with a capacity of 1 cubic yard or more shall meet all applicable federal regulations on Solid Waste Container safety. All Containers provided by Collector shall be constructed of rigid, durable materials with a minimum five (5) year life expectancy warranted by the manufacturer. B. The Containers shall be clearly labeled to indicate their designation for Collection of Solid Waste, Green Waste or Recyclables and shall list the types of materials to be stored in the Container for Collection. C. Collector shall be responsible for distributing all Containers to Subscribers in accordance with the provisions of this Agreement. D. Collector shall repair, clean, paint, and replace Containers as needed to maintain a clean, attractive, functional, new -like condition. All graffiti shall be removed immediately. 11245\0002\667403.1 Page 1 of 13 Draft 8/31/01 3. Collection Vehicles A. General Collector shall provide a fleet of Collection vehicles sufficient in number and capacity to efficiently perform the work required by this Agreement in strict accordance with its terms. Vehicles collecting Solid Waste and Recyclables in Carts shall be fully automated such that, with the exception of wheel -out service, Collector's employees are not required to leave the vehicle to collect Cart contents. Collector agrees to maintain each piece of equipment used by it in the performance of this Agreement in good order and repair. Collector shall have available on service days sufficient backup vehicles and qualified operators to respond to complaints and emergencies. Collector may use semi-automatic vehicles as may be necessary to provide services (other than the routine Collection of Standard Residential Containers) pursuant to this Agreement. B. Vehicle Identification Collector's name, phone number, and vehicle identification number must be visibly displayed on .both sides of all vehicles in letters and figures consistent with the requirements of Section 27901 of the California Vehicle Code. C. Cleaning and Maintenance General. Collector shall maintain all of its properties, facilities, and equipment used in providing service under this Agreement in a safe, neat, clean and operable condition at all times, and well and uniformly painted, to the satisfaction of the City Manager. Vehicles shall be maintained in such a manner that no leakage of fluids from the collected materials occurs. ii. Cleaning. Vehicles used in the Collection shall be thoroughly washed at a minimum of once per week, and thoroughly steam cleaned on a regular basis so as to present a clean appearance and minimize odors. All vehicles shall be painted on a regular schedule to maintain a clean, professional, new -like appearance, although the City Manager may require the painting of any vehicle that does not present a satisfactory appearance at any time. The vehicles shall be painted in a uniform 11245\0002\667403.1 Page 2 of 13 Draft 8/31/01 manner; although Solid Waste, Recycling, and Green Waste vehicles may have different painting schemes. All graffiti shall be removed immediately. City may inspect vehicles at any time to determine compliance with sanitation requirements. Collector shall make vehicles available to the County Health Department for inspection at any frequency it requests. iii. Maintenance. Collector shall inspect each vehicle daily to ensure that all equipment is operating properly. Vehicles which are not operating properly shall be taken out of service until they are repaired and do operate properly. Collector shall also perform all scheduled maintenance functions in accordance with the manufacturer's specifications and schedule. Collector shall keep accurate records of all vehicle maintenance, recorded according to date and mileage, and shall make such records available to City upon request. iv. Repairs. Collector shall repair, or arrange for the repair of, all of its vehicles and equipment, including dents, leaks, and other body damage, for which repairs are needed because of accident, breakdown or any other cause so as to maintain all equipment in a neat, safe and operable condition. If an item of repair is covered by a warranty, Collector shall obtain warranty performance. Collector shall maintain accurate records of repair, which shall include date/mileage, nature of repair and the signature of a maintenance supervisor that the repair has been properly performed. v. Alternative Fuels. • Collector agrees to participate with City in pursuant of grants, pilot programs, or other mutually agreeable efforts that provide for alternative fuel Collection vehicles. vi. Age of Vehicles. Collector's fleet of vehicles shall comply with Chapter 9, Article IV, Section 9.190 of the City Code and applicable provisions of the California Vehicle Code. The City Manager has the right to inspect Collector's fleet of vehicles, not more often than annually, to ascertain whether they remain in full compliance with Article IV of Chapter 9 of the City Code and applicable provisions of the 11245\0002\667403.1 Page 3 of 13 Draft 8/31/01 California Vehicle Code. Collector shall immediately remove from service any vehicle that, in the reasonable discretion of the City Manager, is not in full compliance with Article IV of Chapter 9 of the City Code and applicable provisions of the California Vehicle Code. If the age of a Collection vehicle reaches 15.years, Collector must notify City. This equipment shall be subject to inspection by City or its designee. Each Collection vehicle shall be under seven (7) years of age unless specifically authorized in writing by City. D. Inventory Collector warrants that it shall provide an adequate number of vehicles and equipment for the Collection, Disposal, and transportation services for which it is responsible under this Agreement. Collector shall furnish City a written inventory of all vehicles, including Collection vehicles, used in providing service, and shall update the inventory annually. The inventory shall list all vehicles by manufacturer, ID number, date of acquisition, type, capacity and decibel rating. E. Storage. Collector shall arrange to store all vehicles and other equipment in safe and secure location(s) in accordance with City's applicable zoning regulations. . Operation A. All vehicles must be registered with the Department of Motor Vehicles of the State of California and inspected by the California Highway Patrol at the frequency required by the State. Vehicles shall be operated in compliance with the California Vehicle Code and all applicable safety and local ordinances. B. Collector shall not load Collection vehicles in excess of the manufacturer's recommendations or limitations imposed by state or local weight restrictions on vehicles. C. Collector shall use all reasonable means to minimize the backing up of Collection vehicles. 11245\0002\667403.1 Page 4 of 13 Draft 8/31/01 California Vehicle Code. Collector shall immediately remove from service any vehicle that, in the reasonable discretion of the City Manager, is not in full compliance with Article IV of Chapter 9 of the City Code and applicable provisions of the California Vehicle Code. If the age of a Collection vehicle reaches 15.years, Collector must notify City. This equipment shall be subject to inspection by City or its designee. Each Collection vehicle shall be under seven (7) years of age unless specifically authorized in writing by City. D. Inventory Collector warrants that it shall provide an adequate number of vehicles and equipment for the Collection, Disposal, and transportation services for which it is responsible under this Agreement. Collector shall furnish City a written inventory of all vehicles, including Collection vehicles, used in providing service, and shall update the inventory annually. The inventory shall list all vehicles by manufacturer, ID number, date of acquisition, type, capacity and decibel rating. E. Storage. Collector shall arrange to store all vehicles and other equipment in safe and secure location(s) in accordance with City's applicable zoning regulations. . Operation A. All vehicles must be registered with the Department of Motor Vehicles of the State of California and inspected by the California Highway Patrol at the frequency required by the State. Vehicles shall be operated in compliance with the California Vehicle Code and all applicable safety and local ordinances. B. Collector shall not load Collection vehicles in excess of the manufacturer's recommendations or limitations imposed by state or local weight restrictions on vehicles. C. Collector shall use all reasonable means to minimize the backing up of Collection vehicles. 11245\0002\667403.1 Page 4 of 13 Draft 8/31/01 5. Collection Schedule A. If the day of Collection on any given route falls on a Holiday, Collector shall provide Collection service for such route on the next workday following such Holiday. In the event the holiday schedule of the Designated Disposal Facility, Designated Recycling Facility, or Designated Green Waste Processing Facility are different than the Holidays stated herein, the holiday schedule will be adjusted upon prior written notice to the City Manager. B. Collection Services shall not start before 6:00 a.m. or continue after 6:00 p.m., six days per week excluding Sunday. Collector shall not provide Collection Services on Sundays. Collection service hours are subject to change by City Council in the exercise of its reasonable discretion or unless otherwise provided for in Chapter 9. of the City Code. C. Collector shall provide one pickup per week for Residential Premises Subscribers from the curbside (with the exception of wheel -out service for qualifying disabled individuals and for Subscribers paying additional charge for wheel -out service). D. Collector shall provide at least once weekly pickup for Commercial/Industrial Premises Subscribers from a location designated by the property owner. E. Recyclables and Green Waste shall be collected from Residential Premises on the same day as Solid Waste. F. For the first regularly scheduled Collection after Christmas Day, Collector shall collect and dispose of the material in the Green Waste Container as Solid Waste if the Subscriber uses the Green Waste Container for Solid Waste Disposal. 6. Collection Routes. A. Collection routes shall be established and maintained in such a manner as to provide uniform and efficient Collection Services. B. Collector shall submit route plans to the City Manager for informational purposes at the start of this Agreement, one year prior to the end of this Agreement, at the end of this Agreement and, at end of the contract term and whenever there is a significant routing change. The route plans shall include, but not be limited to, the following information: 11245\0002\667403.1 Page 5 of 13 Draft 8/31/01 i. the course each vehicle follows; ii. the properties served; iii. approximate starting and ending time for each route; and iv. the day of week the route will be served. C. Materials collected shall not be mixed in Collector's Collection equipment with any materials collected from another municipality, unless Collector accurately accounts for such mixed loads in its reporting to City and the Designated Green Waste Processing Facility, Recycling Facility, and Disposal Site, and any applicable reports prepared by Collector. 7. Collection Requirements A. Care of Private Property Reasonable care shall be used by Collector's employees in handling all Collection Containers and enclosures, and all damage caused thereto by the negligence or carelessness of Collector's employees shall be promptly adjusted with the owner thereof. All Collection Containers after emptying thereof by Collector's employees shall be returned to within 5 feet of the location from which the same were picked up by Collector's employees, upright with lids properly secured, and Collector's employees shall use all reasonable means to ensure same are not deposited in a manner that blocks any driveway, sidewalk, or street. Collector shall ensure that its employees close all gates opened by them in making Collections, unless otherwise directed by the' Subscriber, and avoid crossing landscaped areas and climbing or jumping over hedges and fences. City shall refer complaints about damage to private property to Collector. Collector shall repair all damage to private property caused by its employees. B. Noise All Collection operations shall be conduced as quietly as possible and shall conform to applicable federal, State, county and City noise level regulations, including the requirement that the noise level during the stationary compaction process not exceed 60 decibels with the exceptions of 65 decibels for a 1 -minute duration. City may conduct random checks of noise emission levels to ensure 11245\0002\667403.1 Page 6 of 13 Draft 8/31/01 such compliance. Collector shall promptly resolve any complaints of noise to the satisfaction of the City Manager. C. Record of Noncollection When any materials deposited for Collection are not collected by Collector, Collector shall provide notice to the Subscriber, at Collector's cost. The notice shall provide Collector's phone number and indicate the reasons for Collector's refusal to collect the materials placed in the Collection Containers giving reference to the Section of the appropriate City ordinance or to the Section of this Agreement which has been violated, and which gives grounds for Collector's refusal. This information shall either be in writing via a tag at least 2 inches x 6 inches in size, or by means of a check system. Collector shall maintain, at Collectors place of business, a logbook listing all occurrences of noncollection. The logbook shall contain the names and date and manner of disposition of each case. Such log shall be kept so that it may conveniently be inspected by representatives of City upon request D. Load Checking Collector is responsible for inspecting all materials prior to Collection for Hazardous Waste or other unacceptable materials. Collector is not responsible for the Collection of Hazardous Waste or other unacceptable materials. Collector is responsible for controlling contamination levels of the Recyclables and Green Waste through public education efforts, random inspection of setouts, and tagging of improper setouts at a level that minimizes contamination. 8. Litter Abatement A. Minimization of Spills Collector shall use due care to prevent materials placed in the Collection Containers from being spilled or scattered during the Collection or transportation process. If any material is spilled during Collection, Collector shall promptly clean up all spilled materials. Each Collection vehicle shall carry a broom and a shovel at all times for this purpose. Collector shall not transfer loads from one vehicle to another on any public street, unless it is necessary to do so because of mechanical failure or accidental damage to a vehicle. 11245\0002\667403.1 Page 7 of 13 Draft 8/31/01 Cleanup During the Collection transportation process, Collector shall clean up litter in the immediate vicinity of any storage area (including the areas where Collections Bins are delivered for Collection) of any materials that escape from the Collection vehicle or Collection Containers as a result of Collector's service. In the event that litter not caused by Collector's service is in the vicinity of the storage area, Collector is required to clean up this litter whether or not Collector has caused the litter on a one-time basis and shall discuss the spillage directly with the Subscriber responsible and shall report such instances to City. Collector shall work with the Subscriber to resolve the spillage problem. City will attempt to rectify such situations with the Subscriber if Collector has already attempted to do so without success. C. Covering of Loads All materials shall be contained or covered during transportation to the Disposal or Processing site. No material shall be transported to the Disposal site or Processing facility in vehicle hoppers. D. Oil or Other Vehicle Fluid Spills Collector is responsible for cleaning up all oil or vehicle fluid spills immediately and must notify City within 24 hours of each such spill. All vehicles must carry an acceptable absorbent material to use in the event of spills. Repair for damages caused by oil or other vehicle spills shall be at Collector's expense. Collector will follow the spill procedures below: Driver will determine cause and source of spill. Each driver or shop employee is responsible for having enough absorbent in their vehicle to contain or prevent any hydraulic fluid or oil from entering a storm drain or sewer and to clean up small spills as they occur. Driver will contain or stop the leak and clean it up without endangering self. Driver will immediately notify dispatch or supervisor. Driver will not leave the spill until either a supervisor or spill response personnel arrive at the scene. Driver will keep all people, cars, or other vehicles from walking or driving through the spill. 11245\0002\667403.1 Page 8 of 13 Draft 8/31/01 Driver or spill response personnel will take whatever action possible to prevent the spill from entering any storm drain, grates, or other entry points. 9. Personnel A. General Collector shall furnish such qualified drivers, mechanical, supervisory, clerical and other personnel as may be necessary to provide the Collection Services required by this Agreement in a safe and efficient manner. All Collector employees must be able to read, write and speak English with sufficient proficiency to enable them to successfully meet and adhere to all of the terms of this Agreement. B. Driver Qualifications All drivers shall be trained and qualified in the operation of Collection vehicles and must have in effect a valid license, of the appropriate class with appropriate endorsements, issued by the California Department of Motor Vehicles. All Collection vehicle drivers shall also complete an in-house training program provided by Collector which includes education on the use of all vehicles in the Collection fleet, Collection programs, and route information as well as Subscriber service practices and safety information. Identification Badge Collector shall require its drivers, and all other employees who come into contact with the public, to wear a clean uniform shirt with an identification badge or other means of identifying the employee, as approved by the City Manager. D. Safety Training Collector shall provide suitable operational and safety training for all of its employees who utilize or operate vehicles or equipment for Collection or who are otherwise directly involved in such services. Collector shall train its employees involved in Collection to identify, and not to collect, Hazardous Waste or infectious waste. 11245\0002\667403.1 Page 9 of 13 Draft 8/31/01 E. No Gratuities Collector shall not permit its employees to demand or solicit, directly or indirectly, any additional compensation or gratuity from members of the public for the Collection Services under this Agreement. F. No Discrimination Collector shall not discriminate during the performance of this Agreement against any employee or applicant for employment because of the employee's or applicant's race, religion, national origin, ancestry, sex, age, disability, marital status, or sexual orientation. Collector understands and agrees that if it violates this no discrimination provision, City may terminate this Agreement, and Collector shall further be barred from performing any services for City, unless a showing is made satisfactorily to City that discriminatory practices have been terminated and that reoccurrence of such action is unlikely. Employee Appearance and Conduct All employees, while engaged in Collection Services within the City, shall be attired in suitable and acceptable uniform shirts that are subject to approval by City. Collector shall use its best efforts to assure that all employees present a neat appearance and conduct themselves in a courteous manner. Collector shall regularly train its employees in Subscriber courtesy, shall prohibit the use of loud or profane language, and shall instruct Collection crews to perform the work as quietly as possible. If any employee is found not to be courteous or not to be performing services in the manner required by this Agreement, Collector shall take all appropriate corrective measures. H. Provision of Field Supervision Collector shall designate one qualified employee as supervisor of field operations. The field supervisor shall devote whatever time is necessary, but not less than 50 percent of his/her time, in the field checking on Collection operations, including timely response to complaints. General Supervision The Collection Services shall be under the general supervision of the City Manager. All orders, directions and instructions to Collector, not inconsistent with the terms of this Agreement, shall be promptly complied with by Collector. 11245\0002\667403.1 Page 10 of 13 Draft 8/31/01 City reserves the right to inspect any and all of Collector's equipment at any time without prior notice. 10. Corporation Yard, Recyclables and Green Waste Processing and Marketing A. General Operations and Maintenance Standards Collector covenants to comply with Collector's performance obligations throughout the Term and to perform Collector's performance obligations with respect to corporation yard and Recyclables and Green Waste Processing and marketing services in accordance with accepted practice for comparable facilities, sound management and operations practice, the facility's operation and maintenance manual, plans and specifications, permits, Applicable Law (including OSHA standards), provisions hereof, and covenants, conditions and restrictions pertaining to the site. Collector shall be responsible for maintaining and renewing all necessary permits, licenses, and clearances necessary to provide the transportation and Processing of Recyclables and Green Waste and corporation yard operation. Collector shall maintain and renew permits, however, Collector shall not be responsible for any delays in maintaining or renewing, or failure to maintain or renew the permits if Collector has exercised due diligence in maintaining and/or renewing the permits, and such failure is caused by any action or inaction of the issuing or renewing authority. B. Maintenance and Repair Collector shall maintain the facilities and sites in good working order and repair, including maintaining spare parts inventory and performing periodic maintenance in accordance with the operations and maintenance manual, manufacturer's recommendations, accepted practice for comparable facilities, and sound management and operations practice. Collector shall maintain the aesthetic appearance of the facilities and sites in a clean and neat manner in accordance with the plans and specifications, with due regard for reasonable control of odors, dust, and noise. 11245\0002\667403.1 Page 11 of 13 Draft 8/31/01 C. Safety Collector shall conduct facility operations in a safe manner, in accordance with Applicable Law, requirements of insurance carried, and standard industry practices in the waste management and materials recovery industry. Right to Enter and Inspect Facility City and its designated representative shall have the right, but not the obligation to enter, observe, and inspect the corporation yard and Recyclables and Green Waste Processing facilities during regular business hours; meet with the facilities' managers or their representative at any time, and meet with other employees upon request, which request shall not be unreasonably denied. Upon City request, Collector shall make personnel available to accompany City employees on inspections. Collector shall ensure that its employees cooperate with City and respond to City's reasonable inquiries. Collector shall make operational and business records other than financial records available to City during receiving hours upon City request. E. Tours of Facilities Upon 24 hours request of City, Collector shall provide tours of the facilities. Such tours shall not unreasonably disrupt facility operation. City shall not be charged for labor, overhead, overtime, or any other costs associated with such tours. As part of such tours, Collector shall distribute an educational brochure, printed on recycled paper, on conservation, Recycling, and general Solid Waste management programs. F. Personnel Collector shall engage and train qualified and competent employees, including managerial, supervisory, clerical, maintenance, and operating personnel, in numbers necessary and sufficient for facility operations and to perform Collector's obligation under this Agreement. Collector shall train such staff to perform their work in a safe and efficient manner in accordance with the health and safety plan in the facility's operations and maintenance manual. 11245\0002\667403.1 Page 12 of 13 Draft 8/31/01 G. Recovery Standards Collector shall use reasonable business efforts to maximize the recovery of delivered materials in a manner acceptable to receive Diversion credit under the Act. H. Finished Product Standard The processed Recyclables and Green Waste shall maintain physical and chemical specifications such as to: (a) achieve the results required under the applicable marketing plan; and (b) comply with all Applicable Laws, ordinances, regulations, and permit conditions. I. Transportation of Residue Collector shall transport and deliver all Residue to the Disposal facility within 48 hours after its delivery to the facility and in no event longer than required by Applicable Law. Collector shall select routes from the facility to the Disposal facility that minimize inconvenience and disturbance to the public and comply with permits and Applicable Law. Collector shall enclose or cover all vehicles transferring Residue from the facility to prevent spillage. 11245\0002\667403.1 Page 13 of 13 Draft 8/31/01 Municipal Franchise Experience Through long-term franchise agreements, Consolidated is one of the largest holders of exclusive solid waste franchises in Los Angeles County. Throughout the cities we serve, Consolidated provides all manner of services suited to meet each community's specific needs. At present, Consolidated provides exclusive. solid waste collection and/or recycling services to the following communities: Artesia Avalon Bell Cudahy Cypress El Segundo Hawaiian Gardens Huntington Park La Mirada Lawndale Los Alamitos Maywood Norwalk Rosemead Santa Fe Springs Seal Beach West Hollywood Whittier Santa Clarita County of LA (Walnut Park) Bell Canyon (CSD) County of LA (Athens) Alhambra County of LA (Mesa) Other non-exclusive franchises served by our Los Angeles County operation include: Beverly Hills Malibu Gardena Monrovia Pasadena El Monte Santa Monica Agoura Hills Calabasas Westlake Village Hidden Hills June 14, 2001 Page 3 Other exclusive and non-exclusive franchises served by our Ventura County operation include: Ojai Channel Island Beach Santa Paula Moorpark Oxnard County of Ventura Other exclusive franchises served by our Orange County affiliate: Anaheim Brea Colton (San Bernardino) Fullerton Garden Grove Placentia Villa Park Yorba Linda County of Orange Chino Hills (San Bernardino) A detailed profile and service description of some of the municipalities for which Consolidated provides exclusive waste collection, disposal and recycling services, along with city contact personnel, is referenced below (See "Listing of Client Agencies"). We encourage the City to contact any of our municipal customers in order to gauge our performance and the satisfaction level of our cities with our service. Santa Rosa DESCRIPTION OF GENERAL SERVICES OF BRED BY CONSOLIDATED As a regional company, Consolidated is poised to offer the broadest selection of waste services available. Consolidated specializes in municipal franchises and has therefore expanded its scope of services to include all facets of municipal waste handling. Consolidated is proficient in a variety of functions, and as the following list of currently provided services indicates, stands ready to offer a multiplicity of services. Full Spectrum of Waste Services • Residential Waste Collection June 14, 2001 - Page 4 City Of Hermosa Beach: 20*olid Waste Collection RFP Rw: Residential Scenerio #1: Variable Can Rate with Household Hazardous Waste Collection Scenerio #2: Collect Unlimited Trash Scenerio #3: Variable Can Rate only NOTE: Shaded areas indicate below or at average proposed costs Residential Costs Confidential Page 1 RESIDENTIAL Scenerio #1 Scenerio #2 Scenerio #3 Browning Ferris Industries 32 gallon $ 1240 Unitd..'., „ 32 gallon WOM3 > 64 gallon <' «»` € a: 64 gallon ... 1 95 gallon iitit-%(([i7-Y'-1-L�f•:r:•:•r.; 95 gallon .>.. i••Ci:t:;%7i:,if-i>.n.. Extra GW € < <:- >> <€ `> Extra GW :t Extra GW Addl SW cart --,' .-. _'' :ita . `....... Addl SW cart iM.NAMM Add Rec Cart $ - Add Rec Cart itSiNligai Add Rec Cart :> Opt GW Program i,EVEN,€1 #':: Opt. GW Program```'tit Opt GW Program >€k < 1 Consolidated Disposal Services 32 gallon '''is �:::�:£��:�� Unitd. 32 gallon _ 64 gallon ? # 64 gallon <>< #><> 95 gallon---::" 95 gallon Extra GW ?:'t- Extra GW ?#' Extra GW _<:'•:<5 Addl SW cart $ 5.93 Addl SW cart Add Rec Cart $ - Add Rec Cart Mama Add Rec Cart $ - Opt GW Program $ 2.65 Opt GW Program $ 2.65 Opt GW Program $ 2.65 CR & R 32 gallon Unitd_ 32 gallon $ 14.90 64 gallon 64 gallon $ 14.90 95 gallon 95 gallon $ 14.90 Extra GW Extra GW Extra GW 3411M, Addl SW cart Addl SW cart $ 8.00 Add Rec Cart Add Rec Cart Add Rec Cart <vgO ; n..: Opt. GW Program Opt GW Program Opt. GW Program HMD Waste Company 32 gallon $ 13.76 Unitd_ $ 15.50 32 gallon $ 12.00 64 gallon $ 16.76 64 gallon $ 15.00 95 gallon $ 17.76 95 gallon $ 16.90 Extra GW $ 3.00 Extra GW $ 3.00 Extra GW $ 3.00 Addl SW cart �� :;. €:�>< Addl SW cart <:`•'`>' Add Rec Cart •; .:.w:..- i, Add Rec Cart :...:.....:m...:.;�v:• Add Rec Cart tw:: A $ 3.00 Opt. GW Program $ 3.00 Opt GW Program Opt. GW Program Norcal Waste Systems 32 gallon €$>=' ai .: Unttd. ` 11 O 32 gallon iSfiiiMaiM 64 gallon $ 14.60 64 gallon $ 14.19 95 gallon $ 19.46 . 95 gallon $ 18.92 Extra GW $ 2.75 Extra GW $ 3.75 Extra GW $ 2.75 Addl SW cart $ 9.73 Addl SW cart $ 9.46 Add Rec Cart ..:A: " `: ":{{ :<K,..�.:;.:�»<, Add Rec Cart {.::im-: �`><?:�..: Add Rec Cart _ :::`::.:i•.' ._ ����:�:<>: Opt GW Program •$;: -.~• -inni0:6:: O•t. GW Pro • ram $ 3.75 O .t. GW Pro . ram $ 275 Waste Management 32 gallon»' €r' ;. Unitd i >,1t42 32 gallon iMiNAORg , 64 gallon . <`' W 64 gallon ' :w # ^ « 95 gallon •7t�vMEt 95 gallon t,lt�t•Itii-1 Extra GW )), Tiil�-�tt::titi ` r{...-VIV Extra GW :.{: <? # Extra GW <<<. ;"'i t; < Addl SW cart < > 3 Addl SW cart `` ` ` :<h€ 1T Add Rec Cart n<wk v• ~��<'<<,.,,.::..�::. Add Rec Cart � Add Rec Cart A �`«�>'`»: "»<;:.,:::;:;;:.: Opt. GW Program .:.. . ;$�{>..�`� Opt. GW Program � �:: ¥ ```�<:;< Opt GW Program P 9 ::-�<<«>:1....�.; --- Average Costs 32 gallon iaCt `t > '_ Unitd. _ 1 32 gallon i'° 1t 64 gallon <`>.<<:' 64 gallon 95 gallon« :aa :;r,., ... ...... . 95 gallon Extra GW : >>>`' Extra GW € Extra GW Addl SW cart i >> „ Addl SW cart%` fis.. Add Rec Cart $'w><<�:`»'. Add Rec Cart :::;:>::<.::::.;.{::. Add Rec Cart �-::•� � ::.; f,1{K!-:I: ;:> ::< : i Opt. GW Program If Iflltlt,1l111-�Itt(tlt 1QS•t, ; ?<>::: [:: Opt GW Program ..: Hl'!?N'!K •:. ,} »» '72::: Opt. GW Pro. ram NOTE: Shaded areas indicate below or at average proposed costs Residential Costs Confidential Page 1 ECTION SERVICE: BIN SERVICE (If additional bin sizes are proposed, please add additional sheets) BFI Consolidated Services Norcal CR & R HMD Waste Systems Waste Management Service Type FrequencyRate per Account per Month Rate per Account per Month Rate per Account per Month Rate per Account per Month Rate per Account per Month Rate per Account ?? x> >::„ per Month ,,:.:,i."i'? 1 c.'y. bin 1x weekly $ 61.30 v:kv.•_ :> ... : •.,,. •� '' : :� .�.��;�1�ii:i:=�� �''>.+f:����.I*x.>:' `�''::': ,•• •.:: „ .,•:::.::.::••. ...::....,...... 53.00 •�� ; ,..:} •::i.,�iri?,:: vi•ii >3 4 ,�11;!111 1,11111111 ii}IP 15, 11 11 1 cm- "111»». 2x weekly " $ 119.87 .. ':,iii •. 2ii'{22ii.;0itii : :?�;;..,:'...........?,;.::�i�t''? $ 87.00"9 i'' .. i. i;�iii M•.:Cii ? v?,: vv : :........ �''�.�`�??.� ::.,\:;; '`ti �t.Yitri2i�\iti $"� �3$:V.�. 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'• 'iii ilii..." i''i,,.. ',•'•v::?,;' i?......},..?.. ;:t ?.} s?>'• `�S �, 11„1,1,111 '11111 111,1 ,l1111,1N'1 .:}•`: i�?ii::::. i,.#i,: .: '.,,,,:,.,...„..m.,.,..:!.4.,moi> �::?4....44 �}.}}>�:• .. 11' 1111111 111' 1'11 Iv'44 7x weekly$ 441.33 lyl�,l••ti 1!11111 11,111 II I,. tYI,l11111 J,11 44•.44 :;}, ..�.. :~.$:$t�.�': $ 310.52 UAW:Mk ilii» v xv. :: '' `::ti :i,�„ .}. „:iii:: ?.:�'!��':::::::>?'��::?��:1:�?.`>. i' v t: ��'�:,�t : }{ W> 2 c.y. bin 1x weekly $ 70.12 � :•:.�� `��: � iii�:ii, �• �` a+.RR�k�.RIIRRH.I!y: M! ������. 2x weekly $ 136.79 /�ITiii(iiiilil::y:�:•� ....�•`�!�!.•'�`.•''�,``•':•''•�•':'`,•'.Mv.!I,, II �iy!R» <i;fiii22iiiii• i.';i???i?;<'{`i?\} ; , ' '.{.;. :i 1.......::•.,:.::„:;:,....:::•„:„•:::••:•.•,.,:,•::' :...`i... a15*5e:.,`,.`i,: •,l ?:*?,.?.?.?`?�?.��Q;.`,{�y,•},; .!'.4'.!!.4�1i:'.., >: n ; .�!LIIU.Ut!!l!ll `�i•`.ii>.2i•`.i2iw::::: `�SSR�' •'i•:i: ,`: �i ` •``.�.FW!YAi�l:ti. 3x weekly $ 203.45 ..:::::„ i?'l>� 1�.8fi#:i:.ii:9::;a*�;:�:�: .:1. .? �} ` <.; i,; 1"""'% "v;,tilll; "'»MN,III ,,.;::,:•.:»:-.::;;•,:..,.}:....::. :•.::•:.:::; "iii. iii:: •ti •' iii ';f'111�•}•1 11111111111111111 / '»"'N""IIY 4x weekly $ 270.12 11' ; 111{411311111111111 1'1' �4'�i•'N''»»"' 1 K :{:::}:::'::;tip,'� ! 1:�:ii.' >>,,ini*i;ii:... " ��y}1yL��,.�-1{{.� •w��.YY((,��J,,,��•' �• �J 1y4;i�.� • 'ti:%}}y}x}•.,v,.}};,,, , pii\.n»;}»»w• .4. .............. ;;:: ?ii:,azz0..:; : tip; : :pp} ,p,;, ` �: '� 'i ••1k1 .iii :i... "•. ��M+j{�jy .1 Aiiimmii ...1.,..... 5x weekly $ 336.79 .........��...���..�........}.i,..{,} .{: ...............1 ........ : ;;ti??`p?}'t2 iq,-., • *i '1.:$p{,>.ipp•: ipt. ... .`:gin;, 1{� v:\'p{;...'; ;,v}.. �.;4. .. lip ,,,: :..< "' �;itii`;• `i;'.` . ;ii .; ,'V`:. .,p":,`vi .,� , »{ is:,,::};.. ►&.s,4.':;i. ': ``.ii§i2p'+f? no: •. {..1{ :,... », :{,p„•. ; • iii:{::i;`.;;+':,•',`:i,. '. » . b y :1'.iii<` •'•i? 6x weekly $ 403.45 MyT�9 '• "•».:`.i`�,, :::k.p i::8:::i $ 286.39 »44•.,,...44. , 7x weekly $ 470.12 :: •»»:Y.»:•.,,•.};•........ v�}. �.. vii :<. {:.>:.::.::::::....��::1:i��: $ 332.80 t .:•. ...p, �;.�'►.i:::::.:...:...,.:;:"�'$��#<> ... ?. ���} `•:1FYYiI?��:? $?''<....::<>:�..,�9�...��:�.« , :, • 3 c.y. bin lx weekly $ 7 8.49 ar• i�iiiiiiiiiiiiiiil!111•i• )l111lti�►,}............... ....#: ; 8><}}.}.}::}...:..�'���...•.....�(#>�8< $ 100.80 $ 81.00 $ 83.82 : :;rte>.•. gi eek! 2x weekly $ 153.25 � '! °: �' : $ ::< :s ??,4.44.4 3 {,,:{ ,`, ,p '{IT4iiiiii4'!11!lµ!17,�!1�;4iiii $ 154.86 ?? {{{;:::.. { i;;i::: is 'iii{p!U!lglyl. 4!!. ....`�.;°:: $ 127.36 ' a 14.4!.l!l+U.!!lh 3x weekly $ 228.00 . .?.:`;,{}.iii. ::"..: ' >: ..:.:,44,4..4.:. .,}},.;.:.}}}. .:'.��t�>��� 3rr:> •:.1:.8�•�'<:�'.•.'.> $ 2 08.96 .1:s , r...;. `:'`>:1t';<;i<.;.. ,..1�#':�:: $ 170.91 .i w`. #< E:i 4x week! $ 302.76 {: • :::•:.,:•.::..::,::.:: ..:.. ,,. ;4..444.,::•.:•.::::.:,.: .............,•. :: "ii :.�. � :.........::<;{:;':. .................... t89.4£ir::i:::.}}................ <>?: $ 262.97 .,• •.:•.,::• :•.,.:� vwpp :? s�'>s :p'• v.v ..... ......:??:•��''li;�.. ..... i' >' ......:.....}}:':8'�•�>44:i is 5x weekly $ 377.51 p•:;pii iii•,..,,. .. �ii$:;�;:<,} :>.a8�:�31�?: •> ??>8.�+.:;:: $ 316.9 i::p�piiiii �:iti' ,i?:` �8ii�:. ..�3<}:: `_>$: •:>�$i>>.' >�:�` }:1�'?;? .�` 6x weekly $ 452.27 :pi�i..,,,.;,,i»:: :p?yip?.? E:: .iaiippii:,:pip�i�8:�� s ?<�p::p.,.:,:.::.�p�:�. • $ 370.27 `'i .. .. ....,t..> 9. :.'•M''.:.::::; 5<•�' '''3 f 7x weekly $ 527.02 ;''!';.;';:,'h •• .»Il«sl-�.Rl��.rM..»,..YY�RN...».. »»»/,l.».«cy .�, 11.1;1 :<``>.'`>.`'>...,....,,i>:''a�'.8:.: i.1i~> .<'�'��<��.:<: $ 434.03 . '• i. .,.. .. 1(``>.:..,....,��►.l�> ?E�>ir:i>...,.?>�«..... i$````>.i``t9> 4. i:.:. 4 c.y. bin 1x weekly $ 87.05 $ 87.16 :»?»?> > ?> 7 , Sii. $ 97.00 $ 95.21 :`' > .. 2x weekly $ 169.90 $ 133.94 $ 126.00 $ ' 172.00 $ 145.86 3iiiatiNiC 3x weekly $ 252.74 $ 202.18 $ 184.28 $m.R «?>?.#• ? v 4x weekly $ 335.58 $ 227.69 $ 242.56 �226.00 ....... ..pipppWi4�51f>i:. ?:8.:?:'* }.4$ ' ':t .� 440: E 5x weekly $ 418.43 $ 274.11 $ 300.84 ' < ' 0T+t `': ...}.$85..: � '.. ;;;'`;1nii.'?;`:299:3 ?' ' •••••.-.....,..,......, >��y� ow .........? "#: p}lP:. 6x weekly$ 501.27 .,.4.4..;,.,.44. ..,».. :.. '----•• ;; :<�>??<�>?s�:i8�?>:.}:'::::;,4444???? <�°'Ix 7x weekly$ 584.11 :,� }r�?!f�.f�Y� $ p.i.irpi:' `�'�'�i1yi'), ::•• .b. :pi`'F713piiii4F7�::: •::�TiT:....., vp:p��>2:�?�iv. • y i??t Y;:2 � �ti: ':i , •n ..:� .,• '�� .444.4{: ��v p..iii•`.'ti:.�'pp.i���:�i�. ......... ........ •{{;;��� �y� �,y�q `: :..?Niil�: 11I pl} 111 1 H.�.l UlUU�A!l! l it{!ll!tl1.V.l!k 5 c.y. bin 1x weekly $ 104.21 11 l'.,.. 4 : l'., >? •_} i l~+ ? « ._ `>?.. , : >. t : 2x weekly $ 203.23 � t?" `,>:i( 0<88 ;)14;4�i�1!1����11,1 ,.. :t .: •:"": '. i MI'»��IN�1�11��,;11,•1•11•:,1,��{ N•'kfl 3x weekly $ 302.25 «II: €i$iii...<. ; 4-+1 :. iii, ,4444;;:, >i 8< *3 ;f+ r3 < Confidential Commercial Costs Page 2 BROWNING -FEBRIS INDUSTRIES, INC. CITY OF HERMOSA BEACH SCHEDULE OF RATES EFFECTIVE JULY 1,1996 SINGLE FAMILY DWELLINGS Solid Waste Collection: 38.99 per month Recycling Collection: 31.31 per month AB939 Fee $ .25 per month TOTAL $10.55 per month MULTIPLE UNIT DWELLINGS Solid Waste Collection: If collected in customer owned containers: $8.99 per unit per month If collected in Contractor owned containers: See Commercial Rates Recycling Collection: Under 5 units collected in individual buckets 31.31 per unit per month Over 5 units collected in commercial toter 31.99 per unit per month AB939 Fee: If collected in customer owned containers: 3.25 per unit per month If collected in Contractor owned containers: 325 per cubic yard per pick-up COMMERCIAL PROFESSIONAL, INDUSTRIAL FIRMS AND APARTMENT COMPLEXES FRONT END CONTAINER SERVICE: CUBIC - YARDS PICK-UP lx/N* PICK-UP 2x/s* PICK-UP 3x/wk PICK-UP 4x/kik PICK-UP 5x/s* PICK-UP 6x/wk PICK-UP 7x/nvic 1 yard 47.64 71.51 95.34 119.21 142.58 166.85 195.23 1.5 yd 52.96 79.44 105.90 132.74 158.91 212.71 248.86 2 yard 63.59 98.05 132.45 166.85 196.03 225.18 263.44 3 yard 74.12 113.87 153.65 193.36 233.04 272.26 319.14 4 yard 88.94 136.67 206.31 232.34 ' 279.70 327.36 383.01 6 yard 11121 170.83 230.49 290.06 349.62 409.19 47836 Rates include push outs, and scout service, when necessary. ROLL PPP SRRVICP JtATL% 338.89 Delivery Fee 3166.61 Per Load Plus Disposal Fees $34.90 per ton Disposal Fee* TOTAL $ 38.89 3166.61 ;209.40 $414.90 *BFI charges up front for 6 tans (5209.40). If load is leu than 6 tons, customer will be receive refund. If load is more than 6 tons, customer will be billed for additional tons. COUNTYWID OUSEHOLD HAZARDOUS WASTIOLLECTIONS January 11, 2000 DATE January 22 January 29 February 5 February 12 February 26 February 26 February 26 March 4 LOCATIONS MaywoodNemon - Thermador Corporation 5119 District Ave. Hermosa Beach - Clark Stadium Valley Dr. between 8th and 11th St. Gardena - HITCO Carbon Composites. Inc. 1551 W. 139t St. TYPE Roundup *Ett?h Roundup Roundup South El Monte - Community Center Parking Lot Roundup 1415 Santa Anita Ave. stitis>Cl0 ............................ 3 Efdt "e%A. 6.6ilftparkin Lancaster - Vacant Property 43422 10th Street West (south of Avenue K) Roundup Lake Los Angeles - Vista San Gabriel Elem. School Satellite East Avenue 0 and 180° St. East Unincorporated West Antelope Valley - Del Sur Elementary School West Avenue H and 90" Street West Satellite Duarte - City Hall Parking Lot 1600 Huntington Dr. Roundup • March 11 March 18 March 25 April 1 April 8 La Mirada Regional Park Tennis Court/Swimming Pool Parking Lot Adelfa Dr. Marina del Rey -Dock 52 Parking Lot Fiji Way Claremont - City Yard 215 Comell Ave. Baldwin Park - Washington Mutual (formally Home Savings Campus) 5050 Commerce Drive Compton - Compton Airport 901 W. Alondra Blvd. Roundup Roundup Roundup Roundup Roundup April 15 Long Beach - Veteran's Stadium Roundup 5000 Lew Davis St. April 29 Santa Clarita - College of the Canyons Roundup Parking Lot 7 26455 Rockwell Canyon Rd. April 29 El Segundo - Xerox Corporation Roundup Parking Lot E Aviation Blvd. and Hawaii St. May 6 Pico Rivera - Southern California Gas Company Roundup 8101 S. Rosemead Blvd. May 13 Glendale - Glendale Water and Power Roundup 800 Air Way May 13 San Fernando - San Fernando Civic Center Parking Lot Roundup First St. and Maclay Ave. May 20 Rancho Palos Verdes - Rancho Palos Verdes Roundup City Hall/City Yard 30940 Hawthorne Blvd. May 27 West Covina - West Covina Maint. Yard 825 Sunset Ave. Roundup ROUNDUP events are open from 9:00 a.m. to 3:00 p.m. SATELLITE ROUNDUP events are open from 9:00 a.m. to 2:00 p.m. For further information, residents are invited to call Los Angeles County Department of Public Works, toll-free, at 1 -888 -CLEAN LA (253-2652). FACSIMILE COVER PAGE To : Stephen Burrell Sent': 7/18/00 at 5:00:00 PM Subject : HHW Schedule From : Pages : artment of Public Works 2 (including Cover) Articles will be reviewed for the next edition of the Inside Solid Waste newsletter on August 17, 2000. The newsletter will be mailed by October 6, 2000. If you would like to promote a source reduction program coordinated by your city, please send the article to Kimberly Lyman by Monday, August 7, 2000. Please e-mail the article to Kimberly at klyman©dpw.co.la.ca.us using Corel Wordperfect 8 or Microsoft Word '97 or fax the article (626) 458 - 6579. If you have any questions about the newletter, please contact Kimberly, Monday through Thursday, between 7:00 a.m. and 5:30 p.m. at (626) 458 - 6533 Thank you. COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTIONS July 18, 2000 DATE LOCATIONS July 20-22 Sunland - K -Mart Parking Lot 8040 Foothill Blvd. July 22 Arcadia - Santa Anita Race Track Gate 6, Colorado Place July 29 Burbank - Burbank Fire Department Training Center 1845 Ontario St. August 5 Unincorporated Whittier - Rio Hondo College 3600 Workman Mill Rd. August 12 Norwalk - Cerritos College 11110 Alondra Blvd. August 12 Watts - Locke High School Parking Lot corner of Avalon Blvd. & 110th St. August 19 Glendora - Citrus College Stadium Parking Lot Barranca Ave. just North of Alosta Ave. TYPE Hazmobile Roundup Roundup Roundup Roundup Hazmobile Roundup August 26 Commerce - Los Angeles County Health Department Roundup 5555 Ferguson Dr. September 9 Unincorporated Sante Fe Springs - Roundup Pioneer High School - Student Parking Lot (Pioneer Blvd. and Washington Blvd.) September 16 Alhambra - LA Co. Dept. of Public Works Headquarters Roundup 900 S. Fremont Ave. September 16 South. Pasadena - South Pasadena Unified School District Satellite 1020 El Centro Street September 23 Azusa - Aerojet General Corporation Roundup West 3rd St. and Zachary Pedilla Ave. September 30 October 7 October 8 October 14 October 14 October 21 October 28 November 4 November 11 November 18 December 9 December 16 Lawndale - Lawndale Public Works Department Roundup 4722 Manhattan Bee Blvd. • Walnut - Mt. San Antonio College Roundup Parking Lot B 1100 N. Grand Ave. Agoura - Calabasas Landfill Roundup 5300 Lost Hills Rd. Acton - High Dessert School Satellite 3620 Antelope Woods Road Palmdale - Lockheed Martin Skunkworks Roundup 1011 Lockheed Way Inglewood - Hollywood Park, Gate 7A West 90th St. (east of Prairie Ave.) Pasadena -The Rose Bowl, Parking Lot K 1001 Rose Bowl Blvd. Bellflower - Simm's Park Clark Ave. and Oak St. Monterey Park - East Los Angeles Community College Stadium Parking Lot Bleakwood Avenue and Floral Drive Covina - Walmart Overflow Parking Lot 1275 Azusa Ave. (just south of Arrow Hwy.) La Verne - Brackett Field Fairplex Drive and West McKinley Ave, Lomita - Lomita City Hall Parking Lot 24300 Narbonne Avenue Roundup Roundup Roundup Roundup Roundup Roundup Roundup ROUNDUP events are open from 9:00 a.m. to 3:00 p.m. SATELLITE ROUNDUP events are open from 9:00 a.m. to 2:00 p.m. For further information, residents are invited to call Los Angeles County Department of Public Works, toll-free, at 1 -888 -CLEAN LA (253-2652). HAZMOBILE Collections are open to all Los Angeles County residents. For additional information, please call 1 -800 -98 -TOXIC (988-6942). Upon 72 hours notice, the Department can provide program information and publications in alternate formats or make other accommodations for people with disabilities. In addition, program documents are available at our main office in Alhambra (900 S. Fremont Ave.), which is accessible to individuals with disabilities. To request accommodations ONLY, or for more ADA information, please contact our departmental ADA Coordinator at (626) 458-4081 or TDD (626) 282-7829, Monday through Thursday, from 7:00 a.m. to 5:30 p.m. As of 11/30/00 2000 - 2001 Los An` eles County Household Hazardous Waste Collection Event Schedule All Collection Events begin at 9 a.m. and end at 3 p.m. Date City Location December 2 Malibu Civic Center Rear Parking Lot 23519 West Civic Center Way December 9 La Verne Brackett Field Fairplex Drive at West McKinley Ave. December 16 Lomita Lomita City Hall Parking Lot 24300 Narbonne Avenue January 20 Bell Gardens John Anson Ford Park Baseball Stadium Parking Lot Park Lane east of Garfield Avenue January 27 Hermosa Beach Clark Stadium Valley Drive between 8th & 11th Street February 3 Unincorporated Athens Los Angeles Southwest College 1600 West Imperial Highway February 10 Diamond Bar Gateway Corporate Center 1300 block of Bridge Gate Drive February 24 - Claremont Claremont City Yard 215 Cornell Avenue LACSD Household Hazardoqtaste Collection Program Page 3 of 8 LA CITY LA COUNTY SANITATIONDISTRICTS/ DEPARTMENT OF PUBLIC WORKS HHW ROUNDUP SCHEDULE No Appointment Necessary Call 1-800-238-0173 or 1-888-CLEANLA for more information HAZMOBILE SCHEDULE No Appointment Necessary Call 1 -800 -98 -TOXIC for more information THURSDAY, FRIDAY & SATURDAY JULY26, 27 & 28, 2001 SUNLAND K -Mart Parking Lot Foothill Blvd and Langmuir Avenue 9:00 am - 3:00 pnt SATURDAY July 28, 2001 CITY OF SAN DIMAS Canyon Road Center Bonita Ave at San Dimas Canyon Rd 9:00 am-3:00pnt MAP SATURDAY & SUNDAY AUGUST 4 & S, 2001 WESTWOOD UCLA Parking Lot #31 Veteran Avenue and Wayburn Place 9:00 ant - 3:00 pm SATURDAY August 4, 2001 UNINCORPORATED WHITTIER Rio Hondo College Parking Lot A 3600 - Workman Mill Road 9:00 am -3:00 pm MAP CONTACT LA CITY FOR FUTURE HAZMOBILE SCHEDULE SATURDAY August 11, 2001 CITIES OF NORWALK/CERRITOS Cerritos College 11110 Alondra Blvd 9:00 am - 3:00 pnt OR http://www.lacsd.org/HHW/HHWFLIER.htm 9/4/01 LACSD Household Hazardo.Waste Collection Program Page 4 of 8 CALL 1 -800 -98 -TOXIC MAP CONTACT LA CITY FOR FUTURE HAZMOBILE SCHEDULE SATURDAY August 18, 2001 CITY OFARCADIA Santa Anita Race Track Gate 6, Colorado Place 9:00 am - 3:00 pm MAP AND ALTADENA LA County Yard Figueroa Drive & Grandeur Ave. 9:00 am-2:OOpm MAP OR CALL 1 -800 -98 -TOXIC THURSDAY, FRIDAY & SATURDAY AUGUST 23, 24 & 25, 2001 HOLLYWOOD 1st Prespyterian Church of Hollywood Gower Street and Franklyn Ave. Enter on Gower 9:00 am - 3:00 pm SATURDAY August 25, 2001 CITY OF GLENDORA Citrus College Stadium Parking Lot Barranca Ave north of Alosta Ave. 9:00 an: - 3:00 pm -- MAP. - i FOR FUTURE HAZMOBILE SCHED 1ILE SATURDAY September 8, 2001 CITY OF GARDENA Hitco Carbon Composites, Inc. 1551 West 139th Steet 9:00 am - 3:00 pm MAP =, OR ` . CALL 1 -800 -98 -TOXIC SATURDAY http://www.lacsd.orgaMW/HHWFLIER.htm 9/4/01 LACSD Household HazardoVaste Collection Program Page 5 of 8 FOR FUTURE HAZMOBILE SCHEDULE September 15, 2001 CITY OF BURBANK Fire Dept Training Center 1845 - Ontario St 9:00 am - 3:00 pm MAP OR CALL 1 -800 -98 -TOXIC FOR FUTURE HAZMOBILE SCHEDULE SATURDAY September 22, 2001 CITY OF HUNTINGTON PARK City Yard 6900 - Bissell St 9:00 am - 3: 00 pm MAP OR CALL 1 -800 -98 -TOXIC FOR FUTURE HAZMOBILE SCHEDULE SATURDAY September 29, 2001 CITY OF GOVINA Walmart overflow parking lot 1275 - Azusa Ave. 9:00 ant - 3: 00 pm MAP OR CALL 1 -800 -98 -TOXIC FOR FUTURE HAZMOBILE SCHEDULE SATURDAY October 6, 2001 CITY OF MONTEBELLO Town Center Mall Overflow parking lot Plaza Dr. & Montebello Blvd 9:00 am - 3:00 pm MAP OR CALL 1 -800 -98 -TOXIC FOR FUTURE SUNDAY October 7, 2001 CALABASAS http://www.lacsd.org/HEIW/HHWFLIER.htm 9/4/01 LACSD Household Hazardirste Collection Program Page 6 of 8 HAZMOBILE SCHEDULE Calabasas Landfill Scale Area 5300 -Lost Hills Road 9:00 ant - 3:00 pn: MAP OR CALL 1 -800 -98 -TOXIC FOR FUTURE HAZMOBILE SCHEDULE SATURDAY October 13, 2001 CITY OF EL SEGUNDO Raytheon Corporation Parking lot "G" Hughes Way off of Sepulveda Blvd 9:00 an: - 3:00 pm MAP OR CALL 1 -800 -98 -TOXIC OR FUTURE HAZMOBILE SCHEDULE SATURDAY October 20, 2001 CITY OF PALMDALE Children's Library Parking lot Suerra Hwy & Ave. Q-6 9:00ant -3:OOpn: - MAP OR CALL 1 -800 -98 -TOXIC AND UNINCORPORATED ACTON High Desert School 3620 Antelope Woods Road 9:00 am - 2:00 pm MAP FOR FUTURE HAZMOBILE SCHEDULE SATURDAY October 27, 2001 CITIES OFBEVERLYHILLS & WEST HOLLYWOOD Beverly Hills City Streets http://www.lacsd.org/HHWMHWFLIER.htm 9/4/01 LACSD Household Hazard.Waste Collection Program Page 7 of 8 OR CALL 1 -800 -98 -TOXIC Foothill Blvd (between Alden Dr & W. 3rd St) 9:00 am - 3:00 pm MAP FOR FUTURE HAZMOBILE SCHEDULE SATURDAY November 3, 2001 CITY OF BELLFLOWER Sintnts Park Clark Ave & Oak St 9:00 ant -3:OOpm MAP OR CALL 1 -800 -98 -TOXIC AND UNINCORPORATED TOPANGA Topanga Elementary School 141-N Topanga Canyon Blvd 9:00 ant - 3:00 pm MAP FOR FUTURE HAZMOBILE SCHEDULE SATURDAY November 10, 2001 CITY OF LA MIRADA La Mirada Regional Park By Tennis Courts on Adelfa Dr 9:00 am - 3:00 pm MAP OR CALL 1 -800 -98 -TOXIC FOR FUTURE HAZMOBILE SCHEDULE SATURDAY November 17, 2001 CITY OF MONTEREY PARK East LA College Bleakwood Ave & Floral Drive 9:00 am- 3:00 pm OR CALL 1 -800 -98 -TOXIC http://www.lacsd.org/HHW/HHWFLIER.htm 9/4/01 LACSD Household HazardiWaste Collection Program CALL 1 -800 -98 -TOXIC i Page 8 of 8 MAP NOTES: FOR FURTHER INFORMATION CONTACT: Sanitation Districts of Los Angeles County Information Services Section 1955 Workman Mill Road P.O. Box 4998 Whittier, CA 90607 (800) 238-0173 Qfi YJfJfN SANITATION DISTRICTS Of LOS ANGELES COUNTY COR •iffffF/r� [Top] [Horne][Index] http://www.lacsd.org/HHW/HHWFLIER:htm 9/4/01 LA County DPW Household mywinatallikcom _ . • rdous Waste Guide Page 1 of 2 DPW Home Site Index Contact Us Events for collecting Household Hazardous Waste HHW Collection Event Schedule Periodically, new dates and locations are added throughout this Schedule, so it is a good idea to check this page frequently. For more about HHW Collection Events, click HERE. The time for all events is 9:00 a.m. to 3:00 p.m., unless otherwise noted. 9/8/01 Gardena MAP Hitco Carbon Composites Inc. 1551 West 139th Street 9/15/01 Burbank MAP Burbank Fire Department Training Center 1845 Ontario Street 9/20- 22/01 San Pedro Harbor Department Parking Lot 700 block of Front Street, Front St. & Knoll Dr. 9/22/01 Huntington Park . MAP Huntington Park City Yard 6900 Bissell Street 9/29/01 Covina MAP Walmart Overflow Parking Lot 1275 Azusa Ave. (South of Arrow Hwy.) 9/29- 30/01 Sun Valley Francis Polytechnic High School 12431 Roscoe Blvd. Parking Lot on Wicks St. & Sharp Ave. 10/6/01 Montebello MAP Montebello Town Center Mall Overflow Parking Lot • Plaza Drive and Montebello Blvd. 10/7/01 Calabasas MAP Calabasas Landfill 5300 Lost Hills Road 10/13/01 El Segundo MAP Ratheon Corporation Parking Lot G Hughes Way and Sepulveda Blvd. 10/20/01 Palmdale MAP Community Center/Children's Library Parking Lot Sierra Hwy and Avenue Q-6 (North of Palmdale Blvd.) 10/20/01 Acton MAP High Desert School 3620 Antelope Woods Road (Hours of Operation: 9:00 a.m. to 2:00 p.m.) 10/27/01 Beverly Hills MAP Beverly Hills City Streets Foothill Road between Alden Drive and West 3rd St. 11/3/01 Bellflower MAP Simm's Park Clark Ave. and Oat St. http://dpw.co.la.ca.us/epd/hhw/schedule.htm 9/4/01 4 LA County DPW Householydous Waste Guide Page 2 of 2 11/3/01 Topanga MAP Topanga Elementary School 141 North Topanga Canyon Road 11/10/01 La Mirada MAP La Mirada Regional Park Adelfa Drive Tennis Court/Swimming Pool Parking Lot . 11/17/01 Monterey Park MAP East Los Angeles Community College Stadium Parking Lot Bleakwood Ave. and Floral Dr. • The time for all events is 9:00 a.m. to 3:00 p.m., unless otherwise noted. To report illegal dumping, or for more information about Household Hazardous Waste and alternative products, call 1.888•CLEANLA. What is Household Hazardous Waste? 1 Dangers of Improper Disposal Safe Use, Storage and Disposal 1 HHW Collection Events How to Reduce HHW Use 1 Alternative Products Phone Numbers P R O J a C T 1t CouAngeles Drtment of Public Works and thenty of SanitaLostion Districts of Los Department Angeles County PREVENTION Sponsored by Los Angeles County Department of Public Works Environmental Programs Division 900 S. Fremont Ave., 3rd Floor Annex Alhambra, CA 91803-1331 Call toll free at 1 -888 -CLEAN -LA Legal notices & trademark attributions Webmaster Page updated on 08/27/01 22:34:49 Copyright ©2001 http://dpw.co.la.ca.us/epd/hhw/schedule.htm 9/4/01